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HomeMy WebLinkAbout53-05 TX 05/2006 Sunrise Crossing, c/o LGI Land NC, LLC Permit Class Permit Number TRANSFER 53-05 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission CrMl tq@ for MAY � X Major Development in an Area of Environrr)wbl Concern 2 2006 pursuant to NCGS 113A-118 a e, 'p , Excavation and/or filling pursuant to NCGS 113-229 ,Q Issued to Sunrise Crossing,do LGI Land NC,LLC.,19921 IH 45 South,Suite 200, Conroe,Texas,77385 5 Authorizing development in Dare County at Colington Cut, off SR 1217, Colington Island , as requested in the permittee's application dated 7/26/04, including attached workplan drawing,(1), dated revised 9/21/04 This permit, issued on May 11,2006 , 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. Vehicular Access Bridge 1) Unless specifically altered herein, this permit authorizes only the construction of a 165' long by 30' wide pile supported bridge, as is expressly and specifically set forth in the permit-application and depicted on the attached work-plat drawing. Any additional land disturbing activities and/or construction shall be evaluated on a case-by-case basis by a representative of the Division of Coastal Management (DCM) to determine additional permit requirements. Contact a representative of the Division at (252) 264-3901 prior to the commencement of any such activity for this determination. The permittee is further advised that many non-water dependent activities are not authorized within 30 feet of the normal water level. (See attached sheet for Additional Conditions) 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. Any maintenance work or project modification not covered Charles S. Jones,,Director hereunder requires further Division approval. Division of Coastal Management All work must cease when the permit expires on This permit and its conditions are hereby accepted. December 31,2008 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal ` Management Program. Signature of Permittee ----------------- Sunrise Crossing, c/o LGI Land NC, LLC Permit#53-05 Page 2 of 2 ADDITIONAL CONDITIONS 2) No vegetated wetlands or open water areas shall be excavated or filled, even temporarily. Any future request to excavate or fill any wetlands or open water areas within any Coastal Area Management Act (CAMA) Area of Environmental Concern (AEC) shall require a modification of this permit. Any future request to excavate or fill any wetlands or open water areas outside of any AEC shall require additional approvals from the N.C. Division of Water Quality and/or the U.S. Amiy'Corps of Engineers. .5 :4 Sedimentation and Erosion Control NOTE: An Erosion and Sedimentation Control Plan will be required for this project. This plan must be filed at least thirty (30) days prior to the beginning of any land disturbing activity. Submit this plan to the Department of Environment and Natural Resources, Land Quality Section, 943 Washington Square Mall, Washington, NC 27889. 3) In order to protect water quality, runoff from construction must not visibly increase the amount of suspended sediments in adjacent waters. 4) Appropriate sedimentation and erosion control devices, measures or structures must be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses-and property (e.g. silt fence, diversion swales or berms, etc.). Stormwater Management 5) The N.C. Division of Water Quality approved this project under stormwater management rules of the Environmental Management Commission under Stormwater Permit No. SW7040808, which was issued on 10/21/04. Any violation of the permit approved by the DWQ shall be considered a violation of this CAMA permit. General NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. A V NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley,Governor Charles S. Jones, Director William G. Ross Jr., Secretary May 11, 2006 Sunrise Crossing c%LGI and NC,LLC 19921 IH 45 South Suite 200 Conroe,TX 77385 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. Please sign both the original (buff- colored form)and the Xerox stamped "Copy". 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. Please retain the original (buff-colored form),as it must be available on site when the project is inspected for compliance. 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 if another qualified party submits a valid objection to the issuance of this permit within twenty(20)days, the matter must be resolved prior to work initiation. The Coastal Resources Commission makes the final decision on any appeal. 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 require 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 is 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,Rol& , V. I Ql! Douglas V. Huggett Major Permits and Consistency Manager Enclosure 400 Commerce Avenue, Morehead City, NC 28557 Phone: 252-808-2808\FAX: 252-247-3330\ Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper Permit# 5-�'' 0 DCM Coordinator: aid ILING DISTRIBUTION,: Permitee. �rls"6LJJGIJ �� L0.4f4A16, LLG.� Agent: DCM Fiel es: f ' lizab t P l fund ore ea Cit 1 ��� Was ington, Wilmington "Y V US Army Co s of En ineers(USAGE):. ashin Mike Bell(NCDOT) Bil lecome(NCDOT) 1� Raleigh Blan Wilmington: Dave Timpy Others: Cultural Resources: Renee Gledhill-Early Public Water Supply: Debra Benoy(WIRO) Fred Hill(WARD) Marine Fisheries: Mike Street NCDOT: Ken Pace Shellfish Sanitation: . Patty Fowler . S t PropeEQfflce: TaterQua Cyndi aroly(for non-DO John ennes Wildlife Resources: Maria Tripp Steve Everhart Travis Wilson(NCDOT) LPO: FAXING DISTRIBUTION: Permitee at Agent at DCM Field Offices: Elizabeth City(252-264-3723) Morehead City(252-247-3330) Washington(252-948-0478) Wilmington(910-350-2004) US Army Corps of Engineers(USAGE): Washington: Mike Bell(NCDOT) Bill Biddlecome(NCDOT) Raleigh Bland(252-975-1399) Wilmington: Dave Timpy(910-2514025) CAMA Major Permit Process Manual Page 70 of 76 A A NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director etary F1 MEMORANDUM MAY 3 - zoos TO: Doug Huggett, Major Permits Coordinator Morehead City AGM FROM: Lynn Mathis, Coastal Management Representative,NE District , 'vcgI� THROUGH: Ted Sampson, District Manager,NE District s/3 DATE: May 1, 2006 SUBJECT: Major Permit No. 53-05 to Colington Cut LLC for a Vehicular Access Bridge on Colington Island in Dare County; request for Transfer REFERENCE: (a) Letter from F. M. Alanis to Charles Jones, dated April 20, 2006, rec'd. April 27, 2006 (b) 15A NCAC 07J .0406(c) Permit Issuance and Transfer 1. The request for transfer of this major permit has been reviewed pursuant to the provisions of reference (b). Reference (a) provided the required written request. 2. A deed for this property, showing the new party as having the sole legal right to develop the project has been provided, copy of which is enclosed. 3. The applicant transferee has indicated to us that the permit will be used for the purposes for which it was issued. 4. No substantial changes in conditions, circumstances, or facts affecting the project have taken place. 5. The new owner is proposing to modify the permit to include three walkways with piers, but a complete request has not been received to date. 6. The new owner requests that the permit name be changed to Sunrise Crossing. 7. It is recommended that a transfer of this permit to LGI Land NC, LLC be granted. 8. The required fee of$100 has been paid and a check for this amount is enclosed. 9. Also enclosed is a copy of the subject permit, and the Transfer request letter. 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 1 FAX: 252-264-37231 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer —30%Post Consumer Fiber Paper NOTES: 1. THIS SURVEY IS SUBJECT TO ANY FACTS THAT MAY BE DISCLOSED BY A FULL AND ACCURATE TITLE SEARCH. 2. AREA BY COORDINATE COMPUTATION - POINT SON. TRACT A - *118.62 AC. SET TRACT B - t1.62 AC. IL TRACT C - t1.40 AC. TRACT 0 - *0.12 AC. ET TOTAL - f121.76 AC. !ICE .R 3. F.I.R.M. ZONE: AS SHOWN :STAL 4. PIN NO.: 03 987311 77 3208 5. RECORDED REFERENCE: 08 1545, PG 196.DO 306. PG 730 6. WATER BOUNDARIES ARE DERIVED FROM AERIAL PHOTOGRAPHY AVAILABLE FROM DARE COUNTY TAX MAPPING DEPARTMENT. IT 7. THE DEED LINE SHOWN HEREON IS AS WRITTEN AND ORIENTATED TO THE EXISTING MONUMENTATION, AS SHOWN, ALONG THE GAMIEL AND CLARKE PROPERTY. 1S, • POINT AS DESCRIBED IN DEED 8. THE DOTTED LINE REPRESENTS THE SHORELINE AS DEPICTED ON AERIAL PHOTOGRAPHY LOCATED IN DARE COUNTY TAX OFFICE, FLOWN IN 1972. THE BOUNDARYS OF THE DARE COUNTY PROPERTIES DESCRIBED IN DO 95, PIGS. 312 & 314 HAVE BEEN ORIENTED TO FOLLOW THE SHORELINE AS DEPICTED ON THE 1972 AERIAL PHOTOGRAPHY. THIS IS THE BEST INFORMATION AVAILABLE TO LOCATE THE DARE COUNTY PROPERTY. FIELD SEARCHES DID NOT YIELD ANY EXISTING MONUMENTATION AS DESCRIBED IN DO. 95, PIGS. 312 dt 314. SEE DETAIL ON SHEET 2 OF 2. RECOMBINATION OF LOTS 63 THROUGH 66 N/F BAY FOODS, INC C/O WATERSEDGE PROPERTY OWNERS ASSOCIATION C/O KITTY HAWK LAND COMPANY ...,..,. PC C, SL 134-D STAKE ON PC C, SL 182-� COLINGTON CREEK* „! �._ DB 971, PG 780 E S ` ALONG Ca1NGTpN „/ DEED LINE (DO 767, PG 306) (SEE NOTE /7) STAKE ON `5,� 011 -�nE ECM O SHOR - (\OUNCTON CREEK 0 v� { r'"68 { I. A CALCULATED POINT O DEED LINE .:� / -- STAKE ON STAKI �' y ��� COLNGTON CREEK' COLINGTO! ~_ --� S JE LJN N 62 f• :{ 2 N1 ..S ti AIL r: p7 . AL CALCULATED POINT.�1""+',.r.1t ____ __ S2��J8'4_�"� LP. SET / } PER PC C, SL 182-D __ i 926.05' (11E TO W4) �, 36,89 '��`k BENCHES ~ STAIRS LOWER ! PLATFORM ' ' PILE SUPPORTED NWL WALKWAY q PLATFORM DETAIL . aU WHELESS & WHELESS, PLLC ATTORNEYS AT LAW IOI sot inI IIIGHWAY 64 P.O.BOX 500 MANI•EO.NORTI-I CAROLINA 27954 '1 ELEN IONS(251)473-5500 FACSIMILE(252)473-1154 0 WEBsi-r: etctt.wheksslawtirnt.com L)WIGI1'1'1'1.WHELESS.dhwhcle.st.iOcnrthhnk.nct W JAY WHELESS-9jtehc1as47tenrthhnk net OFFICES ALSO IN: C'OLUMBIA.NC MA1TI-IEW J.I IARDEN-ntattjharden(rD¢anhhnk.net February 23, 2006 2 7 LGI Land NC, LLC z,u ELIZA.LiC-T8 CITY T 19221 I-45 South, Suite 300 Conroe, TX 77385 Deed,. ertlficate of Satisfaction Canceled D/T Other Dear Client: Please excuse the impersonal format of this letter. Enclosed is the original instrument circled above, the same being dated and recorded on k !L at c-r a.M.Cp.nl. in Deed Book I L.'I ' , Page a 14 , in the Office of the Register of Deeds of Couhl ,North Carolina. Furthermore, enclosed is the original instrument circled above,the same being dated _ and recorded on at a.m./p.m. in Deed Book , Page , in the Office of the Register of Deeds of County,North Carolina. Your owner's policy of title insurance will be forwarded to you in the coming, months. If we may be of further assistance, please do not hesitate to contact me. Very truly yours, tZ Dwight H. Wheless WJW:jtc Enclosures Our file: 05-421 Filed Book: 1673 Page: 414 Doc Id: 6190928 02/16/2006 05:01PM Receipt p: 160304 Doc Code: DEED BARBARA M GRAY, REGISTER OF DEEDS DARE CO, NC IIIIII IIIII IIIII IIIIII IIIIII� 6190928 II IIIIIii III IIIII IIII(III 02/116/2©6 05:01P 1 DARE COUNTY TAX COLLECTOR :a NORTH CAROLINA NON-WARRANTY DEED Excise Tax: $—0 Parcel Identifier No.018782-000 Verified by County on the day of 20 By: Mail/Box to: WHELESS&WHELESS,PLLC, P. O. BOX 600, COLUMBIA,NC 27925 This instrument was prepared by: JOHN G. GAW, JR., P. O. BOX 1890, KITTY HAWK, NC 27949(RE 15407/JJC) Brief description for the Index: M&B ON COLINGTON ROAD (BUZZARD BAY) THIS DEED made this 1 Oth day of February ,2006 ,by and between GRANTOR GRANTEE COLINGTON CREEK, LL•C LG1 LAND NC, LLC P. O. BOX 1327 19221 I-45 SOUTH, SUITE 300 NAGS HEAD,NC 27959 CONROE, TX 77385 The designation Grantor^.r.d Grantee as used herein shall include said parties,their heirs,successors,and assigns,and shall include singular,plural.,masculine, feminine or neuter as required by context. WITNESSETH,that the Grantor,for a valuable consideration paid by the Grantee,the receipt of which is hereby acknowledged,has and by these presents does grant,bargain,sell and convey unto the Grantee in fee simple,all that certain lot or parcel of land situated in the City off KILL DEVIL HILLS , ATLANTIC Township, DARE County,North Carolina and more particularly tee fa�ied�z�i�i6it"A" for legal description and incorporated herein. The property hereinabove described was acquired by Grantor by instnument recorded in Book 1545 page 196 A map showing the above described property is recorded in Plat Book N/A page N/A NC Bar Association Form No. L-7© 1977,2002 Printed by Agreement with the NC Bar Association— 1981 SoftPro Corporation, 333 E. Six Forks Rd.,Raleigh,NC 27609 f f TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee m ' fee simple. The Grantor makes no warranty,express or implied,as to title to the property hereinabove described. IN WITNESS WHEREOF the Grantor has caused this instrument to be duly executed and delivered { COLINGTON CREEK, LLC ) (Corporate Name) } By: BY President ATTEST: (SEAL Secretary(Corporate Seal) (SEAL) State of North Carolina-County of I,the undersigned Notary Public of the County and State aforesaid, certify that personally appeared before me this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed. Witness my hand and Notarial stamp or seal this day of ,20 . My Commission Expires: Notary Public State of North Carolina-County of DARE I,the undersigned Notary Public of the County and State aforesaid,certify that JOHN W. DIXON personally came before me this day and acknowledged that—he is the MANAGER op L a North Carolina or WStf6a limited liability company/generad.artsersI ipd rnihtdpwinexship(strike through the inapplicable), and that by authority duly given and as the act of such entity,_he signed the foregoing instrument in its name on its behalf as its act and deed. Witness my hand and Notarial stamp or seal,this 1 Oth day of February 20 06 My Commission Expires: 7-20-2009 No Public' i i State of North Carolina-County of I,the undersigned Notary Public of the County and State aforesaid,certify that Witness my hand and Notarial stamp or seal,this day of 120 . My Commission Expires: I IIIIII�IIII IIIII IIIIII IIIIII III IIIIIII III IIIII II I I II 0age: 2©s os:otP The foregoing Certificate(s)of is/are certified to be correct. This instrument and this certificate are duly registered at the date and time and in the Book and Page shown on the first page hereof. Register of Deeds for County By: Deputy/Assistant-Register of Deeds NC Bar Association Form No. L-7© 1977,2002 Printed by Agreement with the NC Bar Association— 1981 SoftPro Corporation, 333 E. Six Forks Rd.,Raleigh,NC 27609 Colington Creek, LLC A By: �/'' ,,G� {SEAL} Norge t. Goodric , Manager STATE OF NORTH CAROLINA COUNTY OF DARE I, _ �•�.��y c.�1 �`\ c ,�� , a Notary Public for said County and State, do hereby certify GEORGE E. GOODRICH, Manager of Colington Creek, LLC, a North Carolina Limited Liability Company, personally appeared before me this day and acknowledged the due execution of the foregoing instrument on behalf of the company. Witness my hand and official notarial stamp or seal this the j day of February, 2006. ublic My Commission Expires: {SEAL/STAMP} i IIIIII IIIII IIIII IIIIII IIIIiI III IIIIIII II 6Pa : 3 of190928 I IIIII 1111 IN 029e1612006 0 .�, f EXHIBIT A NORTH CAROLINA NON-WARRANTY DEED BEGINNING at a point located on the mean high water mark of Buzzard Bay, said point being located on a tie line of north 63 degrees 22 minutes 08 seconds west 857.55 from a point located on the shoreline of Buzzard Bay, said point being located north 77 degrees 00 minutes 00 seconds west 36.89 feet from an iron pipe set located on the property of the Grantor herein, (said beginning point also being located on a second tie line of north 72 degrees 54 minutes 48 seconds east 952.75 feet from a point located on the mean high water mark of Buzzard Bay and its intersection with the mean high water mark of Colington Cut, said point of intersection on the mean high water mark of Buzzard Bay and Colington Cut being located on a tie line of south 01 degree 51 minutes 30 seconds east 1821.66 feet from a point located on the shore of Colington Cut, said point on the shore of Colington Cut being located on a tie line of south 13 degrees 51 minutes 21 seconds east 943.61 feet from the southeast corner of the property now or formerly owned by Dare County); thence running from the beginning point on the mean high water mark of Buzzard Bay thus established in a general westerly direction along the mean high water mark of Buzzard Bay and the various meanderings thereof to the point of intersection of the mean high water mark of Buzzard Bay and the mean high water mark of Colington Cut; thence running south 01 degree 51 minutes 30 seconds east to a stake on the Boat Canal in Buzzard Bay; thence running in a general northeasterly direction to a stake in Buzzard Bay; thence running in a general northerly direction to a point located on the mean high water mark of Buzzard Bay and the mean high water mark of a canal, said point of intersection of the mean high water mark of Buzzard Bay and a canal being the point and place of beginning. For a more particular description of the property herein described reference is made to that certain map or plat titled "Colington Creek, LLC, The Roberts Tract, Colington, Atlantic Township, Dare County,North Carolina" prepared by Seaboard Surveying and Planning, Inc., last revised February 1, 2006. 6190928 111U111111111inlill1111111111III111111111111 Page: 4 of 4 02/16/2006 05:01P WHELESS & WHELESS, PLLC ATTORNEYS AT LAW �;, /',I�t? ".; :' '`;1'j, 101 SOUTH HIGHWAY 04 P.O.13OX 500 MANTEO.NORTH CAROLINA 27054 TELEPHONE(?52)47i_5500 t k4:.x1 e. Y if,fix C n y i, Y l FACSIMILE(?12147z_1154 WEBSITE: www.whOesslawtinn.com DWIGHT H.WHELESS.dim helessGdearth link.net W.JAY WHELESS-uPkhclessktlearthlink net OFFICES ALSO IN: C'OLUMBIA.NC A'IATTtIEW J.HARDEN-maujhardcn(iAcarthlink not February 23, 2006 LGI Land NC, LLC 19221 1-45 South, Suite 300 Conroe, TX 77385 eed . Certificate of Satisfaction Canceled D/T Other Dear Client: Please excuse the impersonal format of this letter. Enclosed is the original instrument circled above, the same being dated and recorded on G at Ll Sj a.m. p.ni in Deed Book 1 ,'13, Page LAM , in the Office of the Register of Deeds of 4 i e Coun y, North Carolina. Furthermore, enclosed is the original instrument circled above, the same being dated and recorded on at a.m./p.m. in Deed Book , Page , in the Office of the Register of Deeds of County, North Carolina. Your owner's policy of title insurance will be fonvarded to you in the coming months. If we may be of further assistance,please do not hesitate to contact me. Very truly yours, Dwight H. Wheless WJW:jtc Enclosures Our file: 05-421 Filed Book: 1673 Page: 409 Doc Id: 6190923 02/16/2006 04:59PM Receipt #; 160300 Doc Code: DEED NC Excise Tax pd: $10000-00 BARBARA M GRAY, REGISTER OF DEEDS DARE CO, NC COUNTY DARE REAL ESTATE . ;, f /-Af TRANSFER TAX L T. - 6190923 IIIIIIIIN 4 (D Page: I of 02/16/2006 04 59pii APF'07ED % DARE COUNTY TAX �OLLECTOR ONO N 0. morehvead City !-4 NORTH CAROLINA GENERAL WARRANTY DEED Excise Tax: $ 10,()00-00 Parcel Identifier No.018782-000 Verified by County on the_ day of 120— By: Mail/Box to: WHELESS&WHELESS,PLLC, P. O. BOX 600,COLUMBIA,NC 27925 This instrument was prepared by: JOHN G. GAW, JR.,P. O. BOX 1890, KITTY HAWK,NC 27949(RE I 5407/JJC) Brief description for the Index: M&B ON COLINGTON ROAD THIS DEED made this 26th day of January 2006 by and between GRANTOR GRANTEE COLINGTON CREEK, LLC LGI LAND NC,LLC P. O. BOX 1327 19221 1-45 SOUTH,SUITE 300 NAGS HEAD,NC 27959 CONROE,TX 77385 The designation Grantor and Grantee as used herein shall include said parties,their heirs,successors,and assigns,and shall include singular,plural,masculine, feminine or neuter as required by context. WITNESSETH,that the Grantor,for a valuable consideration paid by the Grantee,the receipt of which is hereby acknowledged,has and by these presents does grant,bargain,sell and convey unto the Grantee in fee simple,all that certain lot or parcel of land situated in the City of KILL DEVIL HILLS ATLANTIC Township, DARE County,North Carolina and more particularly described as follows: See Attached Exhibit"A" for legal description and incorporated herein. The property hereinabove described was acquired by Grantor by instrument recorded in Book— 1545 page 196 A map showing the above described property is recorded in Plat Book N/A page N/A NC Bar Association Form No. L-3 (D 1976,Revised C 1977,2002 Printed by Agreement with the NC Bar Association— 1981 SoftPro Corporation, 333 E. Six Forks Rd.,Raleigh,NC 27609 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 title against the lawful claims of all persons whomsoever,other than the following exceptions: Restrictions, easements and rights of way of Xecord an public service utility easements. Ad valorem taxes subsequent to the year 2005. Deed of Easement recorded in Book , Page , Dare County Re istr . IN W1TINESS WHE for has duly execuped the foregoing as of the day and year first above written. COLINGTON CREEK, LLC (SEAL) J ' (Entity By: �' 4. (SEAL) f itle: 0 ICH, MANAGING MEMBER By: �� �. (, — (SEAL) itle: JOHN W. DIXON, DCANAGING MEMBER By: (SEAL) Title: State of North Carolina-County of DARE I,the undersigned Notary Public of the County and State aforesaid,certify that1�11 �If1 'X personally appeared before me this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed. Witness my hand and Notarial stamp or seal this 26th day of January 20 O6 My Consnission Expires: Notary Public State of North Carolina-County of DARE GEORGE E. GOODRICH AND I,the undersigned Notary Public of the County and State aforesaid,certify that JOHN W. DIXON personally came before me this day and acknowledged that t hey isar,,he MANAGING MEMBERS of COLINGTON CREEK, LLC a North Carolina or wipm dmlin ited liability company/lgmesad TX*K adk hki itad asdaa¢shap(strike through the inapplicable),and that by authority duly given and as the act of such entity,_he sis ned The foregoing instrument in its name on its behalf as its act and deed. Witness my hand and Notarial stamp or seal,this 24 t h dad of January .2006, My Commission Expires: 7-20-2009 r r, Notary tc St:,:c of North Carolina-County of the undersigned Notary Public of the County and State aforesaid,certify that `!'fitness my hand and Notarial stamp or seal,this day of ,20_. TO;Commission Expires:_ I IIIIII IIIII IIIII IIIIII IIIIII II IIIIIIII III IIIII(III IN P0ase: 2 of 4 0 6 04:59P ..>ing Certificate(s)of fled to be correct. This instrument and this certificate are duly registered at the date and time and in the Book and Page shown on the f::_.t page hereof. V_ �� P,i., w Register of Deeds for >� 6lJ u t ty � By: Deputy/Assistant-Register of Deeds N(-'Bar Association Form No. L-3 C 1976,Revised C 1977, 2002 I: :i:eci by Agreement with the NC Bar Association- 1981 SoftPro Corporation,333 E. Six Forks Rd.,Raleigh,NC 27609 •'t i EXHIBIT A NORTH CAROLINA GENERAL WARRANTY# '� 4'3 v : Csil � f , r BEGINNING at a point located on the eastern right of way boundary or edge of SR 1217 (Colington Road), said beginning point being located south 28 degrees 51 minutes 59 seconds west 271.46 feet from a North Carolina Department of Transportation right of way monument located in the eastern right of way boundary or margin of said SR 1217 as shown and delineated on that certain map or plat titled "Colington Creek, LLC, The Roberts Tract, Colington, Atlantic Township, Dare County, North Carolina"prepared by Seaboard Surveying and Planning, Inc., last revised February 1, 2006, to which reference is made for a more particular description of the property herein described; thence running south 79 degrees 30 minutes 00 seconds east 104.54 feet to an existing rebar; thence running south 31 degrees 00 minutes 00 seconds east 5 1.11 feet to an existing concrete monument; thence continuing through said existing concrete monument south 31 degrees 00 minutes 00 seconds east 182.89 feet to an existing concrete monument; thence running south 60 degrees 45 minutes 00 seconds east 502.00 feet to an existing concrete monument; thence running north 90 degrees 00 minutes 00 seconds east 224.33 feet to an existing iron pipe; thence running north 90 degrees 00 minutes 00 seconds east 24.12 feet to a point located in an existing canal; thence turning and running south 15 degrees 31 minutes 46 seconds east 39.48 feet to a point; thence running south 15 degrees 48 minutes 17 seconds east 405.46 feet to a point; thence running south 22 degrees 13 minutes 47 seconds east 542.96 feet to a point; thence running south 08 degrees 26 minutes 27 seconds east 517.64 feet to a point; thence running south 03 degrees 11 minutes 12 seconds east 858.50 feet to a point; thence running south 06 degrees 32 minutes 39 seconds east 347.52 feet to a point in said canal; thence running north 87 degrees 52 minutes 47 seconds west to the mean high water mark of said existing canal; thence running in an general southerly direction along and with the mean high water mark of said existing canal to the point of intersection thereof with the mean high water mark of Buzzard Bay; thence continuing in a general westerly direction along and with the mean high water mark of Buzzard Bay, and the various meanderings thereof, to the point of intersection of the mean high water mark of Buzzard Bay with the mean high water mark of Colington Cut; thence turning and running along and with the mean high water mark of Colington Cut and the various meanderings thereof in a general northerly direction to a point on said mean high water mark of Colington Cut (said point being located on tie line of south 09 degrees 58 minutes 17 seconds east 695.23 feet from the southeast corner of property now or formerly owned by Dare County as shown on the above referenced map or plat); thence running south 67 degrees 14 minutes 45 seconds west 36.18 feet more or less to a point in Colington Cut (said point being the southern terminus of the boundary between property now or formerly owned by Dare County and the property herein described as established by boundary agreement between Dare County and the Grantor herein; thence turning and running north 22 degrees 45 minutes 15 seconds west 678.00 feet to a point located in Colington Cut; thence turning and IIIIII IIII IIIII II��II IIIIII II IIIII�II III�'lII IIII IIII 02/6/2 of 4 006 04:59P a running north 67 degrees 14 minutes 45 seconds east 190.00 feet to a point; thence running north 22 degrees 45 minutes 15 seconds west 200.00 feet to a point; thence turning and running south 67 degrees 14 minutes 45 seconds west 190.00 feet to a point; thence turning and running north 22 degrees 45 minutes 15 seconds west 869.88 feet to a point located in and on the eastern right of way edge or margin of SR 1217; thence turning and running along and with the eastern edge or margin of SR 1217 along a curve in a general northeasterly direction 52.55 feet to a point located on said right of way or margin(said curve having a radius of 771.20 feet, a delta of 03 degrees 54 minutes 15 seconds, a chord length of 52.54 feet more or less and chord bearing of north 61 degrees 19 minutes 38 seconds east); thence continuing along the curve of said right of way margin in a general northeasterly direction 61.48 feet to an existing rebar located in and on the eastern right of way or margin of said State Road) said curve having a radius of 771.20 feet, a delta of 04 degrees 34 minutes 04 seconds, a chord length of 61.46 feet more or less and a chord bearing of north 57 degrees 05 minutes 29 seconds east); thence running north 35 degrees 11 minutes 33 seconds west 25.00 feet to a point; thence turning and running along and with the east right of way or margin of SR 1217 along a curve in a general northerly direction 337.85 feet to a point on said right of way margin or boundary(said curve having a radius of 746.20 feet, a delta of 25 degrees 56 minutes 28 seconds, a chord length of 334.97 feet, and a chord bearing of north 41 degrees 50 minutes 13 seconds east); thence running north 28 degrees 51 minutes 59 seconds east 20.89 feet to a point located on said right of way or margin; the same being the point and place of beginning. I IIIIII IIIII IIIII IIIIII IIIIII III 23 61909 IIIIIIIIIIIIIIIilllllll page. 4 4 2/16/2006 04:59P i ,