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HomeMy WebLinkAbout04-05 TX 01/2016 Robinson, Matthew & Jill Permit Class Permit Number TRANSFER 4-05 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission for X Major Development in an Area of Environmental Concern pursuant to NCGS I I3A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to Matthew& Jill Robinson,6039 Wild View Drive,Fort Collins,CO 80528 Authorizing development in New Hanover County at Hewlett's Creek, at 7227 NoName Road, Wilmington , as requested in the permittee's aPpliea4io.n. letter dated I I/11/15. This permit, issued on January 21,2016 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. 1) This transfer must be attached to copies of the following attached permit documents,which includes all application forms and workplan drawings: a. Permit 4-05, issued to Derek& Sarah Wright, on 1/11105; b. The minor modification issued on 4/3/06; and c. The renewals issued on 6/23/09& 8/26/14; 2) Copies of all referenced documents shall be readily available on site when a Division representative inspects the project for compliance. In accepting this transfer,the new permittee agrees that all conditions and stipulations of the active permit remain in force. This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DEQ and the other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission. date. This permit must be accessible on-site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered Braxton C. a is, Director hereunder requires further Division approval. /__D�ivision of Coastal Management All work must cease when the permit expires on This permit and its conditions are hereby accepted. L ember 31, 2016 suing this permit, the State of North Carolina agrees ur project is consistent with the North Carolina Coastalement Program. Signature of Permittee PAT MCCRORY w Governor N- 0. DONALD R. VAN DER VAART Secretary Coastal Management ENVIRONMENTAL QUALITY BRAXTON DAVIS Director January 25,2016 Matthew&Jill Robinson 6039 Wild View Drive Fort Collins,CO 80528 Dear Sir or Madam: The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable,the State Dredge and Fill Law, for you to proceed with your project proposal. The original(buff-colored form)is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions,you may request a hearing pursuant to NCGS 113A-121.1 or 113-229.Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,NC 27611-6714, (919)733-2698 within twenty(20)days of this decision on your permit. You should also be aware that another qualified party may submit an objection to the issuance of this permit within twenty(20)days. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications,time extensions, and future maintenance requires additional approval. Please read your permit carefully prior to starting work and review all project plans,as approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time,Department personnel will visit the project site. To facilitate this review,we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions,environmental safeguards,or problem areas,you may contact Department personnel at any time for assistance. By working in accordance with the permit,you will be helping to protect our vitally important coastal resources. Sincerely, y 'DyolasV.Hugget1AtVq— Major Permits Manager N.C. Division of Coastal Management Enclosure Nothing Compares.` State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Avenue I Morehead City,NC 28557 252-808-2808 T DCM Coordinator: � Permit#: 4`y.S MAILING DISTRIBUTION SHEET Permitee: M Pc trH(;;W 4,T1 L-L ��[►►'� Agents: DCM Field Offices Elizab City (with revised work plan drawings) e C as ington Wilmington US ACOE Offices: Washington: Raleigh Bland William Westcott(NC DOT) Bill Biddlecome (NC DOT) Wilmington: Liz Hare Cultural Resources: Renee Gledhill-Early Public Water Supply: Heide Cox(WIRO) Joey White(WARD) DCM/ Shane Staples Fisheries Specialist Gregg Bodnar NC DOT: Ben Hughes DMF/ Shellfish Sanitation: Shannon Jenkins State Property: Tim Walton Water Resources: Karen Higgins(Raleigh) John Hennessy(NC DOT) Washington: Anthony Scarbraugh-401 Wilmington: Jo —401 Cj�a:d Cobm DEMLR Washington: Scott Vinson-Stormwater Wilmington: Georgette Scott- Stormwater Wildlife Resources: Maria Dunn LPO: Fax Distribution: Permitee#: Agent#: tf DEPARTMENT OF THE ARMY / WILMINGTON DISTRICT,CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 July 28, 2016 Regulatory Division Action ID No. SAW-2004-00008, General Permit No. 197800056 Mr. and Mrs. Matthew and Jill Robinson 6039 Wild View Drive Fort Collins, Colorado 80528 Dear Mr. and Mrs. Robinson: Through coordination with the North Carolina Division of Coastal Management we have learned of your request to modify the work associated with your Department of the Army(DA) permit issued on July 22,2014,to reconfigure the previously authorized docking facility at 7227 NoName Road in Wilmington,New Hanover County,North Carolina. Coordinates are: 34.1887 N, -77.8524W. On January 1, 2011, we renewed general permit No. 197800056, (copy enclosed),that authorizes the maintenance,repair, construction and installation of piers, docks, boathouses and boat shelters, mooring piles, dolphins,jetties and breakwater structures in navigable waters of the United States in the State of North Carolina pursuant to Section 10 of the Rivers and Harbors Act of 1899. Your work is authorized provided it is accomplished in strict accordance with your submitted plans, the enclosed general conditions, and the following special conditions: 1. All work authorized by this permit must be performed in strict compliance with the submitted plans and the revised plans received on 15 July 2016, which are a part of this permit. Please read the enclosed permit to prevent an unintentional violation of Federal law. As this Department of the Army regional general permit does not relieve you of the responsibility to obtain any other required approvals,you should contact appropriate State and local agencies before beginning work. RECEIVED AUG 01 2016 DCM- MHD CITY 1 -2- Thank you for your time and cooperation. If you have questions,please contact Tyler Crumbley, of the Wilmington Regulatory Field Office,telephone: (910) 251-4170. Sincerely, v L Tyler Crumbley, Project Manager Wilmington Regulatory Field Office Enclosure: GP 56 conditions Copies Furnished(with enclosure): Mr. George Pinkston Pinkston Drafting Company 4701 Wrightsville Avenue, Building 2, Suite;Ql.. Wilmington,North Carolina 28403V Copies Furnished(without enclosure): AUG Mr. Robb Mairs Division of Coastal Management North Carolina Department of Environmental Quality 127 Cardinal Drive Extension Wilmington,North Carolina 28405 Mr. Doug Huggett North Carolina Department of Environmental Quality Division of Coastal Management 400 Commerce Avenue Morehead City,North Carolina 28557-3421 -3- Ms. Karen Higgins Division of Water Resources North Carolina Department of Environment Quality 1650 Mail Service Center Raleigh,North Carolina 27699-1650 Mr. Chad Coburn Division of Water Resources North Carolina Department of Environmental Quality 127 Cardinal Drive Extension Wilmington,North Carolina 28405 RECEIVED AUG 01 2016 DCM- MHD CITY PAT MCCRORY Governor DONALD R. VAN DER VAART w ,Secretary Coastal Management ENVIRONMENTAL QUALITY BRAXTON DAVIS Director MEMORANDUM TO: Heather Coats DCM Major Permit Assistant Coordinator, Wilmington FROM: Robb Mairs , DCM Field R resentative,Wilmington THRU: Debra D. Wilson 91 DCM District Manager,Wilmington DATE: July 11, 2016 SUBJECT Permit Modification Request to State Permit No. 4-05, Matthew and Jill Robinson, 7227 NoName Road, Wilmington, in New Hanover County Mr. George Pinkston, on behalf of Mr. Matthew and Mrs. Jill Robinson is requesting a modification to State Permit No.4-05, which was originally issued to Derek and Sarah Wright on January 11, 2005 for the construction of a private pier and docking facility at 7227 NoName Road, adjacent to Hewletts Creek in Wilmington. State Permit No. 4-05 was modified on April 3, 2006 and renewed/amended on June 23, 2009. State Permit No. 4-05 expired on December 31, 2010, however was subject to extension by the Session Law 2009-406, the Permit Extension Act, as amended by Session Law 2010-177. State Permit No. 4-05 was last renewed on August 26, 2014 and is due to expire on December 31, 2016. State Permit No. 4-05 was transferred to Mr. and Mrs. Robinson on January 21, 2016. To date,the construction of the docking facility has not been initiated. Mr. Pinkston is requesting a modification to State Permit No. 4-05 to allow for the re-configuration of the authorized access pier and fixed platforms. Mr. Pinkston states the authorized access pier, measuring approximately 540' in length by 6' in width would be moved approximately 20' to the east of its authorized location in a straight alignment. The pier would terminate onto a fixed uncovered platform, measuring approximately 14' in length by 16' in width oriented towards the east creating an 1-shaped" configuration. A fixed finger pier, measuring approximately 26' in length by 6' in width would extend from the platform towards the east, which each structure would be located entirely over open water and at the edge of Hewletts Creek channel at this location. Mr. Pinkston also states a new fixed walkway with access steps measuring approximately 50' in length by 6' in width would extend from the main access pier towards the west to a small upland area within the owners' property. The agent has submitted a check(check No. 8648) in the amount of$100 for the modification request along with the letters provided to the adjacent riparian property owners. As proposed, this office has no objection to the proposed project modification. It appears that the project continues to be CONSISTENT with the use standards set forth in NCAC 07H .0208(b)(6). RECEIVED 'JUL 19 2016 MHD CITY State of North Carolina I Environmental Quality I Coastal ManagemeenntC _ 127 Cardinal Drive Ext.,Wilmington,NC 28405 910-796-7215 By copy of this memo, DCM is requesting that the USACE, DMF and DWR provide any comment that your agency may have on the proposed project to Heather Coats of DCM's Wilmington office within 14 days of receipt of this memo. Enclosures cc: Tyler Crumbley, USACE Chad Coburn, DWR • pla"':S via- a-►r-0i 1 Doug Huggett, DCM Gregg Bodnar, DCM Linda Painter, LPO RECEIVED JUL 19 2016 DCM- MHD CITY Pinkston Drafting Company A Division of Pink Associates,Inc. 4701 Wrightsville Avenue Building 2, Suite 201 Wilmington, NC 28403 Phone Fax 910-392-1969 E-mail - aWkdg.i�,zsom July 5, 2016 Re:Matthew and Jill Robinson Pier and Dock 7227 Masonboro Sound Road Wilmington,NC Proposed Minor Modification to State Permit No.4-05 To adjacent property owners, This is notification of a minor modification to State Permit No. 4-05 for a new pier and dock for Jill and Matthew Robinson located at 7227 Masonboro Sound Road,Wilmington,NC. Please review all enclosures and contact Mr. Robb Mairs with North Carolina Department of Environmental Quality, Division of Coastal Management at fM 796-74?3 if you have any questions. Thank you and kindest regards, George A ston Enclosures: (3) Pinkston Drafting Company A Division of Pink Associates,I., 4701 Wrightsville Avenue Building 2, Suite 201 Wilmington,NC 28403 Phone Fax 910-392-1969 E-mail - ainkdc ,aol.cam June 14, 2016 To: CAMA Attn: Robb Mairs Re:Proposed Minor Modification to State Permit No.4-05 Mr.Mairs, I would like to propose a minor modification to State Permit No. 4-05 for Jill and Matthew Robinson located at 7227 Masonboro Sound Road,Wilmington,NC. Modifications will be, 1)the 14' x 16'platform located approximately 'h the distance of the pier shall be replaced with a 6'wide walkway with steps leading to upland, 2) the 14' x 16'platform at the waterward end of the pier shall be shifted eastward along edge of channel, to be located clear of wetland region,and the proposed pier is to be straight at 6'wide x 540'long. If you have any questions,please contact my office. Thank y and kind regar , George P' PAT MCCRORY Governor .a DONALD R. VAN DER VAART Secretary Coastal Management ENVIRONMENTAL QUALITY BRAXTON DAVIS Director TO: Heather Coats Assistant Major Permit Coordinator, Wilmington FROM: Shaun Simpson%( RECEIVED Permit Support, Wilmington DEC 0 7 2015 THRU: Debra D. Wilson DCM- MHD District Manager, Wilmington CITY DATE: December 2, 2015 SUBJECT: Transfer Request State Permit No. 4-05 (USACE Action ID No. 200500008) Derek and Sarah Wright/ Matthew and Jill Robinson, New Hanover County Matthew and Jill Robinson are requesting the transfer of State Permit No. 4-05, originally issued to Derek and Sarah Wright on January 11, 2005 for the construction of a private pier and docking facility at 7227 NoName Road, adjacent to Hewletts Creek in Wilmington. It was modified on April 3, 2006 and renewed/amended on June 23, 2009. State Permit No. 4-05 expired on December 31, 2010, however was subject to extension by the Session Law 2009- 406, the Permit Extension Act, as amended by Session Law 2010-177. It was renewed on August 26, 2014 and is due to expire on December 31, 2016. This office has no objections to the renewal of State Permit No. 4-05. The Robinsons have included check (no. 2669) in the total amount of$100.00 for the processing fee, along with a copy of the deed transferring title of property. The Robinsons state that it is their intent to use the permit for its originally intended purpose and to conform to the permit conditions. Enclosures cc: WiRO File Doug Huggett - DCM Tyler Crumbley, USACE Ken Vafier, New Hanover Co. Nothing Compares�-� State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext.,Wilmington,NC 28405 910-796-7215 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis John E. Skvarla, III Governor Director Secretary AGENT AUTHORIZATION FORM RECEIVED Date: Idu IZD5 DEC 0 7 2015 DCM- MHD CITY Name of Property Owner Applying for Permit: Name of Authorized Agent for this project: DLi ✓hnr�l (Jc'r�aF- r�k5t n/rt nl�f,tze, I-)rdf�,rQ L_ Owner's Mailing Address: Agent's Mailing Address: 1'p039 WI d U)C L J L t -1JCt lrVCait-tsyAle_ AVe . Foci— Co t h m, 30ln�tt�ca�tzY,, Phone Number(��—q ACI) -15 �s� Phone Number cl i Z I 1 b`l I certify that I have authorized the agent listed above to act on my behalf, for the purpose of applying for and obtaining all CAMA Permits necessary to install or construct the following (activity): For my property located at Ko k tr y---Rd.� i,It�tnc , N�, Z&I C`3 This certification is valid thru (date) ) I- S Property Owner Signature Date I 127 Cardinal Drive Ext..Wilmington,NC 28405 Phone:910-796-72151 FAX:910-395-3964 Internet:www.nccoastalmanagement.net RECEIVED DCM WILMINGTON, NC NOV 2 4 2015 An Equal opportunity t Affinnalive Action Ernpioyer November 11, 2015 Attn: Rob Mairs Field Representative Division of Coastal Management North Carolina Department of Environmental Quality Re: CAMA Major Permit No. 4-05 name transfer request— 7227 No Name Road, Wilmington, NC Mr. Mairs, This is a request to transfer State Permit No. 4-05 from previous property owner's name, into our name, as current owner. The current permit is issued to Derek & Sarah Wright, 6412 Westport Drive, Wilmington, NC 28409 authorizing development in New Hanover County at, adjacent to Hewlett's Creek, at 7227 No Name Rd., Wilmington, NC. State of North Carolina Department of Environment and Natural Resources and Coastal Resources o X Commission Permit for Major Development in an area of environmental concern pursuant to NCGS 113A-118. = o M ® fV CAS O Expiration date, December 31, 2016. �, m We, the current owners of subject property, request such permit to be transferred to the following: LEGAL NAME OF PROPERTY OWNER(S)AND CURRENT MAILING ADDRESS: NN Thank you, c,+'1r'V4-/ J ► t o bo�� Slj <NAME &SIGNATURE> -- ►� M o 0 < ► () Marie �c�1�ir� �� �+ Z1 . Z 1 GU ...... .. r.... y.{.}.}v: . Y . :•:^} :,.;,.:.:....>+nti.: .. .,..,� r.r..•d .:i:�r, .....try; Permit Class Permit Number RENEWAL 4-05 STATE OF NORTH CAROLINA Z Department of Environment and Natural Resources 'p r and �r I Coastal Resources Commission alurmtt for X Major Development in an Area of Environmental Concern ` pursuant to NCGS 113A-118 .1 Excavation and/or filling pursuant to NCGS 113-229 ' Issued to Derek and Sarah Wright,`6412 West Port Drive, Wilmington,NC 28409 Authorizing development in New Hanover County at adi. to Hewlett's Creek, at 7227 NoName Road,Wilmington,NC ,as requested in the permittee's letter dated _7/2/14 y This permit, issued on August 26,2014 , is subject to compliance with the application(where consistent with the permit),all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action;or may cause the permit to be null and void. 1) This renewal shall be attached to the original of Permit No. 4-05, which was issued on 1/11105, as well as the minor modification issued on 4/3/06, the rcnewal/amendment issued on 6/23/09, and copies of all documents shall be readily available on site when Division personnel inspect the project for compliance 2) All conditions and stipulations of the active permit remain in force under this renewal. # a:, 'Ni t a This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DENR and the other qualified persons within twenty(20) days of the issuing Chairman of the Coastal Resources Commission. date. An appeal requires resolution prior to work initiation or continuance as the case may be. This permit must be accessible on-site to Department personnel when the project is inspected for compliance. �4-4-Braxton C.Davis, Director Any maintenance work or project modification not covered p: hereunder requires further Division approval. ivision Of Coastal Management All work must cease when the permit expires on This permit and its conditions are hereby accepted. December 31,2016 In issuing this permit, the State of North Carolina agrees 1< ,:i y r that your project is consistent with the North Carolina Coastal Management Program. Signature of Permittee a &. : :A3 Postal • Postal Service'm CERTIFIED © - • CERTIFIED O - • Q Domestic Mail Only N Domestic S L .� WI LCIl+IGTt3N N �►{{ u �,< a-• Certified Mall Fee 0^ Certified Mail Fee 406 $3•?,0 RECE WgD $ $3.0 ECEIVEL� 0 I o $ Q Extra ervices&Fees(checkbox,add/ee to . 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C3 Sire d�N r b ox No. I�- PS Form ;ry 11 Apri I 2n,,5 PSN 7530-02-000-9047 SENDER: COMPLETE THIS SECTION COMPLETE THIS DELIVERY ■ Complete items 1,2,and 3. A. Signature ■ Print your name and address on the reverse X ❑Agent so that we can return the card to you. ❑Addressee ■ Attach this card to the back of the mailpiece, B. Received by(Printed Name) C. Date of Delivery or on the front if space permits. 1. Aiticle Addressed to: D. Is delivery address different from item 1? ❑Yes 1I r.� If YES,enter delivery address below: ❑ No 3. Service Type ❑Priority Mail Expresse II I IIIIII IIII III I III I I IIIIII III IIIIII III I I III ❑Adult Signature ❑Registered Mail ❑ R Adult Signature Restricted Delivery ❑Registered Mail Restricted ❑Certified Mail@ Delivery 13 Certified Mail Restricted Delivery ❑Return Receipt for 9590 9402 1594 5362 4493 43 _ ❑Collect on Delivery Merchandise ❑Collect on Delivery Restricted Delivery ❑Signature Confirmation- 016 0600 0000 0691 4695 ❑Insured Mail El Signature Confirmation El Insured Mail Restricted Delivery Restricted Delivery over$500) PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt RFC.EIVEO JUL 19 2016 DCM- MHD CITY RECEIVED DEC 0 7 2015 DCM- MHD CITY BK: RB 5916 IIIIIIIIIIII�IIII�III191(Ipl PG:CORDEo5-1168 2016027323 NC FEE$26.00 09-04-2015 NEW HANOVER COUNTY,NC STATE OF NC REAL ESTATE STATE OF NORTH CAROLINA 13Y* 9N 02 CR TAMMY STER OF I BE DS EXTX$950 00 BY ANDREA CRESWELL REGISTER OF DEEDS ASSISTANT COUNTY OF NEW HANOVER REVENUE STAMPS: $950 . 00 GENERAL WARRANTY DEED Tax Parcel ID # R06700-002-025-000 Mail After Recording To: Matthew James Robinson (Grantee' s Address) 6039 Wildview Drive Fort Collins, CO 80528 DRAWN BY & RETURNED TO: CALDER LAW, PLLC 1410 Commonwealth Drive, #205, Wilmington, NC 28403 If checked, the property includes the primary residence of at least one of the Grantors, otherwise, note as N/A. (per NC GS § 105-317. 2) Grantor' s Address : 6412 Westport Drive, Wilmington, NC 28409 Brief Description: Metes & Bounds, +/- 5 . 945 acres, Masonboro Loop Road This Deed, made and entered into this the 2nd day of September , 2015, by and between Derek Wright, (a/k/a Derek D. Wright) signing in his sole name pursuant to that Memorandum of Premarital Agreement, recorded in Book 5403 at Page 1772 in the New Hanover County Registry, the GRANTOR herein; and, Matthew James Robinson and wife, Jill Marie Robinson, the GRANTEE herein. RECEIVED W I T H E S S E T H: DCM WILMINGTON, NC Nov 2 4 2015 That the Grantor, for and in the consideration of the sum of One Dollar and other valuable consideration, the receipt of which is hereby acknowledged, has and by these presents, does grant, bargain, sell and convey unto the Grantees in fee simple, that real estate located in the County of New Hanover, State of North Carolina, more particularly described as follows: ,Being that tract located at 7227 Masonboro Sound Road in-Wilmington, New Hanover County, NC having Tax Parcel ID Number R06700-002-025-000; described in instrument recorded in Book 3826, Page 67 in the said New Hanover County Registry, as the same is more particularly described on that Exhibit A attached and incorporated herein by reference . To have and to hold the aforesaid lot or parcel, together with all privileges and appurtenances thereto, heretofore belonging to the Grantee in fee simple . 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 the title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions : The provisions of all applicable zoning and land use ordinances, statutes and regulations; 2015 current year ad valorem taxes; and all applicable restrictive covenants and utility easements of record. In witness whereof, the Grantor (s) have hereunto set their hands and seals this the day and year first bove written. (SEAL) D re Wright &ZrRECEIVED DEC 07 2015 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER DCM- IVIHD CITY I, a Notary Public of the County and State aforesaid, certify that Derek Wright personally appeared before me, known to me or proven to me by photographic identification, this day and acknowledged the execution of the foregoing instrument . Witness my hand and official stamp or seal, this the 2nd day of September , 2015 . Doe- y 17, z. T� otar Public �Q Printed Name • Deborah Dobbins Farr My Commission Expires : 5-24-18 R'=CEIVED DCM WILMINGTON, NC 0 " o Nov 2 4 2015 �i,,off , , thGEI V ED EXHIBIT A DEC 0 7 2015 ')CM- . Qs� PITY BEGINNING at a concrete monument located North 33 degrees 43 minutes East 102 e from a concrete monument in the Northerly line of the road leading from the Masonboro Loop Road to the Old Military Road at Grainger's Point (said road being erroneously designated as "Old Military Loop Road" on the map of J O Carr Estates, recorded in Map Book 5, Page 28, New Hanover County Registry), said last mentioned concrete monument being located North 71 degrees 25 minutes West 1098 13 feet as measured along said Northerly line of said road from its intersection with the Westerly line of Magnolia Drive as shown on the map recorded in Map Book 5, Page 28, and running thence from said Beginning point North 33 degrees 43 minutes East 254 38 feet to a concrete monument, thence North 12 degrees 58 minutes East 419 94 feet to a concrete monument; thence the same course continued, North 12 degrees 58 minutes East, 15 feet, more or less, to the high water line of Hewlett's Creek, thence Eastwardly with the lugh water line of Hewlett's Creek, as it meanders, to the Westerly line of Estate Number 11 of J O Carr Estates as shown on the map thereof recorded in Map Book 5, Page 28, New Hanover County Registry; thence South 18 degrees 35 minutes West along said line of Estate Number 11, 224 feet, more or less, to an old pipe; thence continuing along said Westerly line of Estate Number 11 and beyond, South 18 degrees 35 minutes West 394 81 feet to a point located South 18 degrees 35 minutes West 30 feet from the Southwest comer of said Estate Number 11, thence North 71 degrees 25 minutes West 15 feet to a concrete monument, thence South 38 degrees 16 minutes West 106.18 feet to an iron pipe, thence North 66 degrees 45 minutes West 410 69 feet to the point of Beginning;the same containing 5.945 acres SAVING AND EXCEPTING HOWEVER, those portions of the above described property conveyed by the parties of the first part to COVE POINT LIMITED PARTNERSHIP by deed dated October 14, 1991 TOGETHER WITH AND SUBJECT TO, HOWEVER, a right-of-way and easement for ingress and egress and for utility service lines over and under a strip of land 60 feet in width, the center line of which is described as follows: BEGINNING at a concrete monument in the Northerly line of the road leading from the Masonboro Loop Road to the Old Military Road at Grainger's Point (said road being erroneously designated as "Old Military Loop Road" on the map of J O Carr Estates, recorded in Map Book 5, Page 28, New Hanover County Registry), said concrete monument being located North 71 degrees 25 minutes West 539 feet as measured along the Northerly line of said road from its intersection with the Westerly line of Magnolia Drive, as said intersection is shown on the map recorded in Map Book 5, at Page 28, and running thence North 18 degrees 35 minutes East 149 25 feet to a concrete monument, thence North 55 degrees 19 minutes East 109.76 feet to an iron pipe; thence the same course continued, North 55 degrees 19 minutes East, 24.26 feet to another iron pipe; thence the same course continued, North 55 degrees 19 minutes East, 155 53 feet to a concrete monument; thence North 8 degrees 43 minutes East 102 34 feet to an iron pipe; thence the same course continued North 8 degrees 43 minutes East 32.11 feet to another iron pipe, thence the same course continued, North 8 degrees 43 minutes East, 193 37 feet to another iron pipe, thence the same course continued, North 8 degrees 43 minutes East, 76 feet to another iron pipe, thence the same course continued, North 8 degrees 43 minutes East, 96 25 feet to a concrete monument, thence North 38 degrees 16 minutes East 91 61 feet to an iron pipe, thence the same course continued North 38 degrees 16 minutes East 106 18 feet to a concrete monument TOGETHER WITH AND SUBJECT TO a further and additional easement and right-of x E C E I V E D ingress and egress, 30 feet in width, the center line of which 30 foot right-of-way and easei`d ILMINGTON, f is described as follows: BEGINNING at the concrete monument which is the Northern termin> 0 V 2 4 2015 of the center line of the 60 foot right-of-way above described and running thence North 18 degrees 35 minutes East 297 72 feet to another concrete monument, and thence the same course continued, North 18 degrees 35 minutes East, about 310 feet to the high water line of Hewlett's Creek 0. 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