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HomeMy WebLinkAbout42-05 TX 02/2016 Sunset Beach Holdings II, LLC Permit Class Pen-nit Number TRANSFER 42-05 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission COp� i3ermit for JL Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to Sunset Beach Holdings II,LLC,2411 North Oak Street, Suite 403,Myrtle Beach,SC 29577 Authorizing development in Brunswick County at Cape Fear River. off of River Road as requested in the permittee's application letter dated 01/09/15. This permit, issued on February 18, 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: RECEIVED a. Transfer of Permit No.42-05 issued on 11/20/14; b. The Minor Modification/Renewal issued on 1/21/14; MAR 1 1 2016 c. The Minor Modification issued on 12/16/14; ` d. The Major Modification issued on 6/27/07. DC M- M H D CITY 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. NOTE: A transfer application processing fee of$100 was received by DCM for this project. 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 v personnel when the project is inspected for compliance. Any maintenance work or project modification not covered ACAV Braxton C. Davis, Director hereunder requires further Division approval. bivision 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 that your project is consistent with the North Carolina Coastal Management Program. Signature of Permittee PAT MCCRORY F Governor DONALD R. VAN DER VAART K.,.. a Secretary Coastal Management ENVIRONMENTAL QUALITY BRAXTON DAVIS Director February 22, 2016 Sunset Beach Holdings II, LLC 2411 North Oak Street, Suite 403 Myrtle Beach, SC 29577 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, v Douglas V. Huggett 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 m mL %-ooramaror: gg, ,- hermit < MAILING DISTRIBUTION SKEET s� ' 1 S . Permitee: Agents: DCM Field Offices - Elizabeth City (with revised work plan drawings) Morehead City Washington _ Wilmington.- 5tilAA0 sImPSIM US ACOE Offices: Washington: Raleigh Bland William Westcott(NC DOT) Bill Biddlecome(NC DOT) Wilmington: Tyler Crumbley = Liz Hare Cultural Resources: Renee Gledhill-Early Public Water Supply: Diane Williams (WIRO) Joey White(WARO) DCM/ Shane Staples Fisheries Specialist Gregg Bodnar NC DOT: Ken Pace DMF/ Patti Fowler Shellfish Sanitation: Shannon Jenkins - State Property: Tim Walton Water Resources: Karen Higgins (Raleigh) John Hennessy(NC DOT) Washingtoi n: Anthony Searbraugh-401 Wilmington: Joanne Steenhuis —401 Chad Coburn-401 DENMR Washington: Scott Vinson-Stormwater Wilmington: Georgette Scott- Stormwater Wildlife Resources: Maria Dunn LPO: Fax Distribution: Permitee#: Agent#: NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Donald R. van der Vaart Governor Secretary MEMORANDUM TO: Doug Huggett Permits Section] FROM: Holley Snider d DCM, Field Representative THRU: Debra Wilson DCM, District Mtaer DATE: January 21, 2015 SUBJECT: Request for Transfer of State Permit#42-05 Sunset Beach Holdings, LLC Riverside Drive Subdivision Sunset Beach, Brunswick County Francisco Zarate, on behalf of Sunset Beach Holdings II, LLC, is requesting the transfer of State Permit #42-05 issued to Sunset Beach Holdings, LLC authorizing the development of the Riverside Drive Subdivision, to include the construction of an access road, associated grading, utilities and storm water system installation, boardwalk and kayak access pier located on the peninsula located off North Shore Drive West, adjacent to the feeder canal in the Town of Sunset Beach, Brunswick County. The permit was transferred from Tidal Ventures to Sunset Beach Holdings, LLC on November 20, 2014 and the permit is due to expire on December 31, 2016. Mr. Zarate states that the transferred permit will be used for the same purposes for which it was issued; that there will be no substantial change in the conditions, circumstances, or facts affecting the project; and the transferred permit will not result in substantial change or modification of the project as proposed in the original application. The applicant has submitted a check(ck.#5006872655) in the amount of$100.00 for the transfer request, as well as a copy of the deed to the property and a copy of the permit. This Office has no objection to the permit transfer request. cc: WIRO-CAMA Jonathan Howell, DCM, Morehead City Kyle Dahl,ACOE RECEIVED JAN 2 9 1015 127 Cardinal Drive Ext.,Wilmington,NC 28405 DCM-MHO CITY Phone:910-796-7215\FAX:910-395-3964 Internet:www.nccoastalmanagement.net An Equal Opportunity\Affirmative Action Employer Sunset Beach Holdings II LLC was 2411 North Oak Street,Suite 403 Myrtle Beach,SC 29577 Date:January 9,2015 Holley Snider NCDENR 127 Cardinal Drive Extension Wilmington,NC 28405 Dear Mrs. Snider: I am requesting that permit 42-05 be transferred to the new owner Sunset Beach Holdings-II LLC.Attached are copies of the Warranty Deed and the Assumption Agreement recorded in Brunswick County,NC on 12/17/2014 by Mr.Mack Hewitt. The transferred permit will be used for the same purposes for which it was issued;there will be no change in the conditions, circumstances,or facts. Sincerely, F cisc Manager Sunset Beach Holdings II LLC By:Zailant LLC- Manager By:Jane Dean LLC- Its Manager RECEIVED JAN 2 9 2015 DGM-MH9 CITY RECEIVED DCM WILMINGTON, NC JAN 15 2015 Permit Class Permit Number TRANSFER 42-05 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission ikrmit for _2L 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 Sunset Beach Holdings,LLC,2120 Sea Mountain Hwy.Suite 1200,North Myrtle Beach,SC 29582 Authorizing development in New Hanover County at Cane Fear River, off of River Road , as requested in the permittee's letter dated 8/19/14 This permit issued on_ November 20.2014 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 transfer shall be attached to copies of the following attached permit documents, which includes all application forms and workplan drawings: a. Permit 42-05,which was issued on 3/23/05, and b. the minor modification of 1/21/14. 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. 4 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. This permit must be accessible on-site to Department personnel when the project is inspected for compliance. b� Braxton C. Davis, Director Any maintenance work or project modification not covered Division of Coastal Management .. hereunder requires further Division approval. g is All work must cease when the permit expires on This permit and its conditions are hereby accepted. f December 31,2016 RECEIVED RECEIVE In issuing this permit, the State of North Carolina agrees JAN 2 9 2015 7CM WILMING N,NC that your project is consistent with the North Carolina Coastal i"1'. 15 90 g Management Program. ©Cl�7I'R�!!�' Signature of Permittee [{ 4:a4h'4i-::K'�::9:K'iirYW.4XK^in�t•Sti?44LPh':a-0K4ti-:�?K}h'r.!KK•U{`7?}M-0+.M71w:tikb04PP4PCk}+i-Y}C<{_ipti'.d{4bY}t4''i-0�D+;h6P-07a4'-hb:-S-�Hd-#r?-7i:-}i?-0+a{?-0{4Jt-0-0'+a+'++:`o-Gt-C-c-}yq{_:gi:-ti4Tc6 i his cenities inat mere are no aeunquent as valorem taxes, fees,assessments or other liens which the Brunswick County Tax Collector is charged with collecting,that are a lien on:Parcel Number 26& dbaa IZ-OD lns 63596 P0419 13-17-58,000 as notated by the Brunswick County 111111111111111111111111111111 Jill III of Deeds page m1 not 6 PROP Assessors Office. This is not a certification g that the parcel number matches the deed description. Date (A i) ax ol./Del.Tax Spec. Presenter �� �1Gc/ Rnt: 10`� Total Rev hAt. Ck$- ?'O/k. Ck# Cash$ Refund: Cash$ Finance (!I ❑Portions of document are illegible due to wnditiotl of original. ❑Docu.,lo nt contains seals verified by original insi;ataent Mat cannot to reproduced or copied, WARRANTY DEED Prepared by: Robert S.Guyton,Esq. 4605 B Oleander Drive,Suite 202 Myrtle Beach,SC 29577 STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK TAX PARCEL: THIS DEED, made this il�day of December, 2014 by and between, SUNSET BEACH HOLDINGS, LLC, a South Carolina limited liability company, called GRANTOR, and SUNSET BEACH HOLDINGS II, LLC, a South Carolina limited liability company, whose mailing address is Jy r t !la, (k Y< /2' r t 1f Kep<-eti Sc� , called GRANTEE. 1`1S' 2 7 WITNESSETH THAT: THE GRANTOR, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable considerations to them in hand paid by the GRANTEE, the receipt whereof is hereby acknowledged, have bargained and sold, and by these presents do hereby bargain, sell and convey unto GRANTEE, its successors and assigns forever, that certain real property located (L:r-EKED Brunswick County,North Carolina, described as follows: JAN 29 701S SEE EXHIBIT "A"ATTACHED HERETO TO HAVE AND TO HOLD the property described above, together with all and singular, the rights, privileges, easements, tenements and appurtenances thereunto belonging, or in anywise appertaining unto the said GRANTEE, its successors and assigns, in fee simple, forever. AND THE GRANTOR, for itself, its successors and assigns, do covenant to and with the said GRANTEE, its successors and assigns, that they are seized in fee of the above granted and described property; that they have good right to sell and convey the same in fee simple; that the same is free and clear from any and all restrictions, easements or encumbrances, except thoW::CEIVED mentioned above; and it will and its successors and assigns shall warrant and defend the titja(WtjWLMINGTON,NC' same against the lawful claims and demands of any and all persons whomsoever. JAN 16 2015, illlll II III II it it illl II I I II II IIIII III ��% 12 17-2014a rendmm�sPR P Brunswick County, NC Register o Deeds page 2 of 6 IN TESTIMONY WHEREOF, the said GRANTOR has hereunto set its hand as of the day and year first above written. SUNSET BEACH HOLDINGS, LLC, a North Carolina limited liability company By: �f mac - (SEAL) Name: Richard Mace Watts,Jr. Title: Manager STATE OF COUNTY OF I, cocLS , a Notary Public in and for the State and County aforesaid, do certify that Richard Mace Watts,Jr. as Manager of SUNSET BEACH HOLDINGS, LLC, a South Carolina limited liability company, personally appeared before me this day and acknowledged the due execution of the foregoing instrument, by authority duly given, as the act and deed of the limited liability company. WITNESS my hand and official seal this. day of December,2014. otary Public My Commission Expires: t rj f� RECEIVED JAN 2 9 Y" DCM-MHO CITY RECEIVED DCM WILMINGTON, NC JAN 15 2015 13.48.58'.000 II Brunswick III i I I!I I I County,I II I II I 1111 Reg ister 11111 Brenda M. Clemmons B3596 F0421 of Deeds page 3 of 6 PROP EXHIBIT "A" Legal Description of Property Being all of Lots 34 through Lot 95, Block 40E, inclusive, as shown on a survey map entitled Map of Sunset Beach, Eastern End, Blocks 40E, 40F, 13, 14R & 1 SR, Part I and 2, by Gerrit C. Greer, R.L.S., dated September 8, 1975, and recorded in the Office of the Register of Deeds for Brunswick County, North Carolina in Map Cabinet H at Page 358; said survey map incorporated herein by reference for greater certainty of description (hereinafter referred to as"Property"). The Property is further described as: Being all that certain tract or parcel of land lying and being within the Town Limits of Sunset Beach, and situated in Shallotte Township, Brunswick County, North Carolina and being more particularly described as follows: Beginning at an existing rebar found, said rebar being the northeast corner of Lot 26, Block 40E as shown on a map entitled "Survey for Lot 26 & additional lands, Block 40E, Sunset Beach, Dave Nelson" as recorded in Deed Book 1088, Page 126 of the Brunswick County Registry; said rebar also being located S82°57'59"W, 1303.22 feet from a concrete nail found in the top of a bulkhead near the end of Cobia Street; said concrete nail having NC Grid Coordinates of N=45,324.27 feet, E=2,151,982.91 feet (NAD 83-2011). Thence from the beginning point and with the easterly lot line of Lot 26, Block 40E extended N15135'10"E, 90.82 feet to a point in the marsh west of Jinks Creek and landward of the mean high water line as defined by N.O.A.A. tidal benchmark as elevation 2.01' (N.A.V.D. 88);thence running within a marshy area west of Jinks Creek and being landward of said mean high water line the following bearings and distances: N70°04'23"E, 315.43 feet to a point; thence S88°35'08"E, 264.16 feet to a point; thence N60°12'26"E, 367.08 feet to a point; thence N85°19'14E, 110.45 feet to a point; thence S88°30'42"E, 120.99 feet to a point; thence N71°11'55"E, 617.49 feet to a point; thence N80°36'19E, 363.15 feet to a point; thence N71047'00"E, 229.09 feet to a point; thence N78°45'36"E. 66.72 feet to a point; thence N83036'43"E, 60.97 feet to a point; thence N69°54'23"E, 243.32 feet to a point; thence N72033'40"E, 127.73 feet to a point in said mean high water line; thence with the mean high water line as described the following bearings and distances: N60014'07"E, 22.06 feet to a point; thence N360 15'30"E, 36.43 feet to a point; thence N56°12'24"E, 43.38 feet to a point; thence N65017'52"E, 24.42 feet to a point; thence N44°42'09"E, 38.43 feet to a point; thence N31°17'15"E, 45.28 feet to a point; thence N40°40'11"E, 44.39 feet to a point; thence N75049'34"E, 40.11 feet to a point; thence S62°33'45"E, 30.24 feet to a point; thence N53032'40"E, 35.37 feet to a point; thence N75°58'35"E, 47.18 feet to a point; thence N80036'32"E, 38.07 feet to a point; thenceN650 10'02"E, 10.18 feet to a point; thence N58030'03"E, 44.83 feet to a point; thence N65°57'42"E, 19.58 feet to a point; thence N61051'20"E, 27.39 feet to a point; thence N65°04'41"E, 12.43 feet to a point; thence N05014'32"E, 5.08 feet to a point; thence N10°03'27"W, 11.89 feet to a point; thence N37048'08"W, 25.16 feet to a point; thence N20034'52"W, 25.26 feet to a point; thence N38004'54"W, 34.28 feet to a point; thence N67°43'40"W, 5.30 feet to a point; thence N 17°36'05"W, 6.37 feet to a point; thence N 18°06'18"E, 7.12 feet to a point; thence N81°50'53"E, 7.81 feet to a point; thence running in a southerly direction with the mean high water line of Jinks Creek and then in a southwesterly direction with the mean high water line of Jinks Creek Feeder Canal as shown on a survey entitled "Re-Plat of Subdivision of Sunset Beach" as recorded in Map Cabinet 77, Pages 75 and 76, Brunswick County Registry, the following bearings and distances: S70°31'04"E, 12.50 feet to a point; thence S375610211E, 54.06 feet t `ECEIVED point; thence S35°35'37"E,45.92 feet to a point; RECEIVED LMINGTON,NC JAN 2 9 2015 JAN 15 2015, DCM1-m"D Guy IIIII III III III I II IIII II i I II III II I I III Brend PO4 l m ons-58,PROP Brunswick County, NC Register of Deeds page 4 of 6 thence S28042'43"E, 45.97 feet to a point; thence S16°45'05"E, 16.47 feet to a point; thence S09047'43"W, 8.91 feet to a point; thence S]3°47'47"E, 7.48 feet to a point; thence S04034'11"W, 34.32 feet to a point; thence S08°57'55"W, 27.19 feet to a point; thence N250 15'41"W, 12.81 feet to a point; thence N01°21'08"W, 17.12 feet to a point; thence S38°16'26"W, 11.29 feet to a point; thence N62°04'10"W, 5.33 feet to a point; thence S10018'35"W, 13.38 feet to a point; thence S50048'59"W, 38.85 feet to a point; thence S42042'53"W, 25.32 feet to a point; thence S47039'17"W, 26.22 feet to a point; thence S32025'48"W, 3.48 feet to a point; thence S22°50'1 TV, 6.84 feet to a point; thence S29000'33"W, 12.10 feet to a point; thence S33°46'35"W, 8.51 feet to a point; thence S88038'13"W, 6.12 feet to a point; thence S70°53'14"W, 2.75 feet to a point; thence S34004'41"W, 29.12 feet to a point; thence S46°40'21"W, 10.94 feet to a point; thence S57033'25"W, 9.69 feet to a point; thence S67°51'11"W, 8.20 feet to a point; thence S72047'53"W, 28.42 feet to a point; thence S70°32'07"W, 20.76 feet to a point; thence S64030'52"W, 23.64 feet to an existing MAG Nail found in top of an existing bulkhead ; thence S66042'51"W, 5.67 feet to a point; thence S55°22'47"W, 11.49 feet to a point; thence S69015'40"W, 12.01 feet to a point; thence S85°18'56"W, 15.93 feet to a point; thence S28053'57"W, 32.64 feet to a point; thence S4003P21"W, 24.85 feet to a point; thence S09004'26"W, 4.66 feet to a point; thence S34°05'56"W, 7.31 feet to a point; thence S 19025'48"W, 9.23 feet to a point; thence S66°12'24"W, 6.70 feet to a point; thence N65031'l6"W, 7.93 feet to a point; thence S49°08'51"W, 43.84 feet to a point; thence S63022'08"W, 10.87 feet to a point; thence S88°50'43"W, 42.14 feet to a point; thenceS78°00'48"W, 96.71 feet to a point; thence S73°20'52"W, 73.04 feet to a point; thence S30011'22"W, 2.23 feet to a point; thence S55030'32"W, 10.52 feet to a point; thence S76022'50"W, 13.72 feet to a point; thence N670 15'I 1"W, 1.91 feet to a point; thence S67039'00"W, 43.21 feet to a point; thence S73°23'27"W, 56.04 feet to a point; thence S770 16'55"W, 42.58 feet to a point; thence S27°25'06"W, 1.74 feet to a point; thence S430 12'11"W, 3.33 feet to a point; thence S71°52'44"W, 18.45 feet to a point; thence S76047'04"W, 33.09 feet to a point; thence N84°32'28"W, 13.51 feet to a point; thence N47041'48"W, 1.84 feet to a point; thence S77029'30"W, 35.46 feet to a point; thence S69051'52"W, 66.25 feet to a point; thence S72°35'15"W, 67.74 feet to a point; thence S78029'37"W, 59.13 feet to a point; thence S76°06'06"W, 104.25 feet to a point; thence S73026'48"W, 111.62 feet to a point; thence S80006'02"W, 52.42 feet to a point; thence S79006'10"W, 19.22 feet to a point; thence S71°24'27"W, 58.81 feet to a point; thence S79006'46"W, 102.46 feet to a point; thence S86°51'31"W, 17.00 feet to a MAG Nail found in top of an existing bulkhead;thence S77°41'29"W,42.93 feet to a point;thence S81°36'42"W, 57.42 feet to a point; thence S74°42'50"W, 100.01 feet to a point; thence S74°32'17"W, 100.02 feet to a MAG Nail found in top of an existing bulkhead; thence S67014'54"W, 72.03 feet to a point; thence S59°26'31"W, 36.16 feet to a point; thence S51049'10"W, 35.73 feet to a point; thence S71°18'10"W, 59.43 feet to a MAG Nail found in top of an existing bulkhead; thence S71011'27"W, 100.00 feet to an existing MAG Nail found in top of an existing bulkhead; thence S71°25'06"W, 46.33 feet to a point; thence S73°36'00"W, 40.61 feet to a point; thence S68028'30"W, 113.20 feet to an existing MAG Nail found in top of an existing bulkhead; thence S75026'12W, 23.96 feet to a point; thence S69°05'11"W, 60.42 feet to a point; thence S74021'58"W, 19.61 feet to an existing MAG nail found in top of an existing bulkhead; thence S77018'55"W, 27.70 feet to a point; thence S72051'25"W, 23.23 feet to a point; thence S70050'37"W, 35.88 feet to a point;thence S74055'19"W,46.25 feet to a point;thence RECEIVED RECEIVED JAN 2 81015 JCM WILMINGTON, NC JAN 15 2015. II I I II I I III II II i l i l li II I I II I I I IIII III 835% P0423 11217-2014 3-48:58.000 BrendBrunswick County, NC Register of Deeds paa emmons PROP ge 5 of 6 S73°49'04"W, 67.14 feet to an existing MAG nail found in top of an existing bulkhead; thence S67°38'15"W, 17.23 feet to a point; thence S72120'24"W, 36.38 feet to a point; thence S68058'09"W, 25.92 feet to a point; thence S70°57'41"W, 67.62 feet to a point; thence S71°35'13W, 35.79 feet to a point; thence S76042'00"W, 44.61 feet to a point; thence S77°24'50"W, 27.09 feet to a point; thence S73°54'05"W, 45.75 feet to an existing MAG Nail found in top of an existing bulkhead; thence S72°49'09"W, 157.89 feet to a point; thence S74008'17W, 22.44 feet to a point; thence S68042'26"W, 19.72 feet to an existing MAG Nail found in top of an existing bulkhead; thence S66°38'02"W, 31.04 feet to a point; thence S65009'43"W, 31.47 feet to a point; thence S68029'54"W, 24.24 feet to a point; thence S500 17'11"W, 9.55 feet to a point; thence S41°10'34"W, 21.09 feet to a point; thence S54014'38"W, 16.58 feet to a point; thence S63°30'56"W, 6.88 feet to a point; thence S31°41'31"W, 2.03 feet to a point; thence S57°57'00"W, 13.96 feet to a point; thence S66043'06"W, 18.48 feet to a point; thence S51026'45"W, 15.75 feet to a point; thence S38048'38"W, 19.65 feet to a point; thence S14°54'04"W, 14.92 feet to a point in said mean high water line; thence leaving said mean high water line N74°12'30"W, 11.46 feet to an existing iron pipe found; said iron pipe being the northeasterly corner of Lot 34, Canal A as shown on a survey entitled " Survey for Al Morrison Construction Co, Inc." as shown on a map recorded in Map Cabinet V, Page 350 Brunswick County Registry; thence with the northerly lot line of Lot 34, Canal A as referenced above, N74°12'30"W, 108.65 feet to a new 5/8" rebar set in the southern line of an undeveloped access easement known as "Riverside Drive"; thence crossing said access easement N74112'30"W, 30.18 feet a point in the northern access easement line; said point also being in the easterly lot line of Lot 26, Block 40E aforesaid mentioned; thence with the easterly lot line of Lot 26, Block 40E, N15°41'45"E, 72.06 feet to an existing iron rod found; thence N 15035'10"E, 54.30 feet to the Place and Point of Beginning. LESS AND EXCEPT THE FOLLOWING PROPERTY: Being all that certain tract or parcel of land lying and being within the Town Limits of Sunset Beach, and situated in Shallotte Township, Brunswick County, North Carolina and being more particularly described as follows: Beginning at an existing rebar found, said rebar being the northeast corner of Lot 26, Block 40E as shown on a map entitled "Survey for Lot 26 & additional lands, Block 40E, Sunset Beach, Dave Nelson" as recorded in Deed Book 1088, Page 126 of the Brunswick County Registry; said rebar also being located S82°57'59"W, 1303.22 feet from a concrete nail found in the top of a bulkhead near the end of Cobia Street; said concrete nail having NC Grid Coordinates of N=45,324.27 feet, E=2,151,982.91 feet (NAD 83-2011). Thence from the beginning point and with the easterly lot line of Lot 26, Block 40E extended N15°35'10"E, 90.82 feet to a point in the marsh west of Jinks Creek and landward of the mean high water line as defined by N.O.A.A. tidal benchmark as elevation 2.01' (N.A.V.D. 88); thence running within a marshy area west of Jinks Creek and being landward of said mean high water line the following bearings and distances: N70104'23"E, 314.32 feet to a point; thence leaving said mean high water line, S17°47'19"E, 211.78 feet to a point in the mean high water line on the north side of Jinks Creek Feeder Canal as shown on a survey entitled"Re-Plat of Subdivision of Sunset Beach"as recorded in Map Cabinet 77, Pages 75 and 76, Brunswick County Registry, thence with the mean high water line in a southwesterly direction the following bearings and distances: S72149'09"W, RECEIVED RECEIVED DCM WILMINGTON, NC JAN 29 2015 JAN 15 2015 DCM-RMD CITY 1#�� !�42413-48-58.000 gIIIIIIIIIIIIIIII'IIIII Clemmons PROP County, NC Register of Deeds page 6 of 6 57.89 feet to a point; thence S74°08'17"W, 22.44 feet to a point; thence S68042'26"W, 19.72 feet to an existing MAG Nail found in top of an existing bulkhead; thence S66038'02"W, 31.04 feet to a point; thence S65°09'43"W, 31.47 feet to a point; thence S68029'54"W, 24.24 feet to a point; thence S50°17'11"W, 9.55 feet to a point; thence S41°10'34"W, 21.09 feet to a point; thence S540 14'38"W, 16.58 feet to a point; thence S63030'56"W, 6.88 feet to a point; thence S31041'31"W, 2.03 feet to a point; thence S57057'00"W, 13.96 feet to a point; thence S66°43'06"W, 18.48 feet to a point; thence S51°26'45"W, 15.75 feet to a point; thence S38148'38"W, 19.65 feet to a point; thence S 14054'04"W, 14.92 feet to a point in said mean high water line; thence leaving said mean high water line N74°12'30"W, 11.46 feet to an existing iron pipe found; said iron pipe being the northeasterly corner of Lot 34, Canal A as shown on a survey entitled " Survey for Al Morrison Construction Co, Inc." as shown on a map recorded in Map Cabinet V, Page 350 Brunswick County Registry; thence with the northerly lot line of Lot 34, Canal A as referenced above, N74012'30"W, 108.65 feet to a new 5/8" rebar set in the southern line of an undeveloped access easement known as "Riverside Drive"; thence crossing said access easement N74°12'30"W, 30.18 feet a point in the northern access easement line; said point also being in the easterly lot line of Lot 26, Block 40E aforesaid mentioned; thence with the easterly lot line of Lot 26, Block 40E, N15041'45"E, 72.06 feet to an existing iron rod found; thence N15°35'10"E, 54.30 feet to the Place and Point of Beginning. SUBJECT TO that certain Purchase Money North Carolina Deed of Trust from Sunset Beach Holdings, LLC to Mack L. Hewitt, Jr. as Trustee, for the benefit of Big Pine Holdings, LLC, recorded July 9, 2014 in Book 3544, Page 359, Brunswick County Registry, specifically assumed by Grantee by that certain Assignment and Assumption Agreement dated of even date herewith and recorded in the Brunswick County Registry simultaneously with this Deed. RECEIVED 'RECEIVED DCM WILMINGTON, NC JAN 2 9 2015 JAN 15 2015 DCM-MHD CITY . r IIIIIIII IIIIIIIIIIIII IIIIIIIIIIIIIIII B35ss P0425 1 48 13:48:5014 8.001 ClemBrunswick County, NC Register of Deeds . age 10 o PROP page 1 of 6 Presenter_ � �4,� pet: / Total _ x — F'ev Ck$ Ck 4/3a Cash$— Refund; Cash$ Finance. ❑Polttons of docunrera acc i1141ble due to Corrdition ofotN�inal. ❑Ikv:�!';1e3-it contains serfs Ve^fed boriginalr Y Irsad;%feB[that cannot bn reproduced 0,GOpied. Prepared by Robert S.Guyton,Esq. 4605 B Oleander Drive,Suite 202 Myrtle Beach,SC 29577 ASSIGNMENT AND ASSUMPTION AGREEMENT STATE OF NORTH CAROLINA ) COUNTY OF BRUNSWICK ) �r THIS AGREEMENT, made as of the /)/ day of December, 2014 by and among BIG PINE HOLDINGS, LLC, a North Carolina limited liability company (the "Lender"), SUNSET BEACH HOLDINGS, LLC, a South Carolina limited liability company (the "Assignor"), SUNSET BEACH HOLDINGS II, LLC, a South Carolina limited liability company (the "Assignee"), and MACK L.HEWITT,JR.,a resident of the State of North Carolina(the"Trustee"). WITNESSETH: WHEREAS, the Assignor has made and issued a Promissory Note, dated the 91h day of July, 2014, made a part hereof by this reference as fully as if set out herein verbatim as same may have been amended from time to time (the "Note"), evidencing an original indebtedness of NINE MILLION ONE HUNDRED FIFTY THOUSAND AND NO/100 DOLLARS ($9,150,000.00)and to secure the Note,the Assignor executed and delivered a Purchase Money North Carolina Deed of Trust,dated of even date with the Note and recorded in Book 3544, Page 359,Brunswick County Registry made a part hereof by this reference as fully as if set out herein verbatim as same may have been amended from time to time(the "Deed of Trust"); (the Note,the Deed of Trust,and all other documents evidencing or securing the Note are hereinafter collectively referred to as the"Loan Documents");and WHEREAS, the Assignor has requested the Lender's consent to the Assignor's transfer and conveyance to the Assignee of the Premises(as defined in the Deed of Trust);and WHEREAS,the Lender is willing to consent to the aforesaid conveyance by the Assignor to the Assignee provided, among other things,that Assignee assumes and agrees to perform all obligations of the Assignor under the Loan Documents. NOW, THEREFORE,the Lender,the Trustee,the Assignor and the Assignee in consideration of the premises and the sum of One Dollar ($1.00) and other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged by each,do hereby agree and acknowledge that the Assignee has given,granted,bargained,sold and conveyed,and by these presents does hereby give, grant, bargain, sell and convey unto Trustee, and the Trustee's heirs, successors and assigns, the property secured by the Deed of Trust(the"Premises")and any additional property added thereto pursuant to the provisions hereof: I. Assignment and Release: The Assignor hereby transfers, assigns and conveys to the Assignee all of its right, title and interest in, and to all contracts, agreements, licenses and permits relating to the Premises. The Assignor is hereby released and discharged of all its obligations under the Loan Documents, except the provisions of the Loan Documents relating to environmental matters. 2. Assumption: Effective as of the date hereof,the Assignee hereby assumes and agrees to perform all duties, responsibilities, agreements, covenants and obligations of the Assignor under the Loan Documents, said Loan Documents being hereby ratified and affirmed, including the obligations to pay all sums due under the Note and the obligations imposed on the grantor under the Deed of Trust. The execution and delivery hereof shall not constitute a novation or modification of the lien,encumbrance or security title of the Deed of Trust,which Deed of Trust shall retain its priority as originally filed for record. RECEIVED RECEIVED DCM WILMINGTON, NO JAN 2 9 2015 JAN 15 2015 DCM-MHO CITY IIIIIIII IIIIIIIIIIIII IIIIIIIIIIIIIIII B35�6 F0426 112172014 3-48-58.001 Clemmons Brunswick County, NC Register of Deeds page 2 of 6PROP 3. Representations and Warranties: The Assignor hereby represents and warrants to the Assignee and the Lender that it has the unrestricted right to assign the rights and interests herein described and that it has the capacity to execute and deliver this Agreement,and that the Note is in full force and effect and that Assignor has no right to setoff,counterclaim or defense to the payment thereof. The Assignee hereby represents and warrants to the Lender that it has the unrestricted right to assume the obligations of the Loan Documents and that it has the capacity to execute and deliver this Agreement. 4. Consent of Lender: The Lender hereby consents to the aforesaid assignment by the Assignor to the Assignee and the assumption by the Assignee of the duties,responsibilities,covenants,obligations and agreements herein described. 5. Additional Documents: From and after the date hereof, each party agrees that it shall execute and deliver such additional documents and instruments as may be reasonably requested by either of the other to confirm further the purposes of this Agreement and more fully carry out the assignment and assumption contemplated hereby. TO HAVE AND TO HOLD the Premises and any additional property added thereto pursuant to the provisions hereof unto the Trustee and the Trustee's heirs, successors and assigns, in fee simple forever, upon the trusts and for the uses and purposes set forth in the Deed of Trust,as hereby modified and amended. IT IS MUTUALLY AGREED by and between the parties hereto that this Agreement shall become a part of the Loan Documents by reference and that nothing herein contained shall impair the security now held for said indebtedness, nor shall waive, annul, vary or affect any provision, condition, covenant or agreement contained in the Loan Documents except as herein amended, nor affect or impair any rights, powers or remedies under the Loan Documents as hereby amended. Furthermore, the Lender does hereby reserve all rights and remedies it may have as against all parties who may be or may hereafter become primarily or secondarily liable for the repayment of the indebtedness evidenced by the Note,as hereby amended. The Assignee promises and agrees to pay the indebtedness evidenced by the Note, as hereby amended, in accordance with the terms thereof and agrees to perform all of the requirements, conditions and obligations under the terms of the Loan Documents as hereby modified and amended, said documents being hereby ratified and affirmed. The execution and delivery hereof shall not constitute a novation or modification of the lien, encumbrance or security title of the Deed of Trust,which Deed of Trust shall retain its priority as originally filed for record. Assignor and Assignee expressly agree that the Note is in full force and effect and that neither Assignor nor Assignee has a right to setoff,counterclaim or defense to the payment thereof. If any improvements secured by the Deed of Trust (the "Improvements"), or any part thereof, are located in a special flood hazard area according to the Federal Emergency Management Agency ("FEMA"), then the Assignee must maintain a flood insurance policy. The flood insurance policy shall be for an amount equal to the amount of the Note plus the outstanding balance of any senior lien or the replacement value of the improvements located in the special flood hazard area, whichever is less, and shall be with reputable companies with a Best Insurance Report rating of B+or better. If at anytime during the tern of the Note, the Improvements are reclassified by FEMA as being located in a special flood hazard area, flood insurance will be mandatory. Should this occur federal law requires the Lender to notify the Assignee of the reclassification. If, within forty-five (45) days of receipt of notification from the Lender that any portion of the improvements has been reclassified by FEMA as being located in a special flood hazard area,the Assignee has not provided sufficient evidence of flood insurance,the Lender is mandated under federal law to purchase flood insurance on behalf of the Assignee,and any amounts so expended shall bear interest at the rate specified in the Note, and payment thereof shall be secured by the Deed of Trust. Assignee will keep the Improvements insured against loss and damage by fire,flood,tornado and windstorm,vandalism,malicious mischief and builder's risk(if applicable)and against such other hazards as are customary in the locale for Improvements or as Lender may otherwise require, including, if applicable, rent loss or business interruption for periods of no less than twelve(12)months, in amounts at no time less than the total replacement cost of such Improvements,plus an amount sufficient to prevent any co-insurance liability on the part of the owner of the Premises. The Assignee shall maintain general liability insurance in an amount satisfactory to the Lender. All insurance shall be with reputable companies with a Best Insurance Report Rating of B+or better;and Assignee will pay all premiums for such insurance when due. Unless and until requested by Lender, Assignee shall not be required to cause such insurance to name Lender as mortgagee or loss payee or to deliver such policies or renewals or evidence of payment of premiums to Lender,but if requested by Lender, Assignee immediately (but no later than five(5)calendar days)shall cause Lender to be named as mortgagee and additional insured under such policies and renewals,shall deliver to Lender copies of such policies and renewals and such other evidence of compliance with the terms hereof as Lender may request,and Assignee shall make such adjustments in the coverage of such insurance as Lender may require. If Assignee fails or refuses to keep the Premises so insured,Lender may obtain such insurance without prejudice to its right to foreclose hereunder by reason of such default. In the event of loss, Assignee will give immediate notice by mail to Lender who, if the>k4eb DCM WILMINGTON, NC RECEIVED JAN 2 9 2015 JAN 15 2015 DCM-MHD CITY IIIIII II I!IIIIIIIIIII IIIIIIIIIIIIIIII 12 17 58.0 83596 P0417 7 3:48-58.001 Brunswick County, NC Register of Deeds ' a emmons PROP page 3 of 6 mortgagee and additional insured, may make proof of loss if not made promptly by Assignee, and, if the Lender is then named as mortgagee and additional insured, each insurance company concerned shall hereby be authorized and directed to make payment for such loss directly to Lender instead of to Assignee and Lender jointly. If the Lender is then named as mortgagee and additional insured, the proceeds of any insurance, or any part thereof, may be applied by Lender, at its option, either to the reduction of the amounts secured by the Deed of Trust or to the restoration or repair of the improvements. Lender may, at its option, pay any such insurance premiums or any Impositions against the Premises of which payment, amount and validity thereof the official receipt shall be conclusive evidence,and any amounts so expended shall immediately become debts due by Assignee,shall bear interest at the rate specified in the Note,and such payment shall be secured by the Deed of Trust. Any reference contained in the Loan Documents as amended herein, to the Loan Documents shall hereinafter be deemed to be a reference to such document as amended hereby. In amplification thereof,the Deed of Trust,as amended hereby,shall secure the Note,as amended hereby,and any further modifications,renewals or extensions thereof. The Trustee joins in the execution of this Agreement as evidence of their knowledge of the provisions hereof and their consent to the assignment,assumption and modifications herein made. Assignee acknowledges that Lender may reproduce (by electronic means or otherwise) any of the documents evidencing and/or securing the Note and thereafter may destroy the original documents. Assignee does hereby agree that any document so reproduced shall be the binding obligation of Assignee, enforceable and admissible in evidence against it to the same extent as if the original documents had not been destroyed. Any loan assignment shall be closed without cost to the Lender and all expenses incurred in connection with this closing(including,without limitation,all attorneys'fees,recording and filing costs,appraisal fees,and any title insurance costs)are to be paid by the Assignee. The Lender is not providing legal advice or services to the Assignee. This Agreement shall be binding upon and inure to the benefit of any assignee or the respective heirs, executors, administrators,successors and assigns of the parties hereto. This Agreement may be executed in any number of counterparts,each of which shall be an original but all of which taken together shall constitute one and the same instrument,and any of the parties hereto may execute any of such counterparts. This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina without regard to principles of conflict of laws. Events of Default. Violation of any of the terms, conditions, covenants, and provisions of this Assignment and Assumption Agreement shall constitute a material default under the Loan Documents,whereupon all indebtedness owing under the Loan Documents shall, at the option of Lender, immediately become due and payable by Purchaser,without presentment, demand, protest,or any other notice of any kind,all of which are hereby expressly waived. [Signatures appear on the following page] RECEIVED RECEIVED DCM WILMINGTON, NC JAN 2 9 201h JAN 15 2015 DCM-MHD CITY 12 17 2014 IIIIIIII IIIIIIIIiilll IIIIIIIIIIIillll 8rend ?04za m qns, PRo NC Register of Deeds page 4 of 6 Brunswick County, IN WITNESS WHEREOF,this instrument has been executed under seal on the date and year first above written. LENDER: BIG PINE DINGS,LLC,a North Carolina limited liability company By: (SEAL) Name: (/ Title: ....._�( r TRUS EE: G/ Z1 (SEAL) MACK L.HEWITT,JR. ASSIGNOR: SUNSET BEACH HOLDINGS, LLC, a South Carolina limited liability company ByKCL�cD� � AL) Name: Richard Mace Watts,Jr. Title: Its Manager ASSIGNEE: SUNSET BEACH HOLDINGS II, LLC, a South Carolina limited liability company By:Zailant,LLC—Manager By: Jane Dean,LLC—Its Manager By. 1. '. _ ` a(SEAL) Name:. Francisco Zarate Title: Its Manager RECEIVED JAN 29 1015 RECEIVED DCM WILMIING ON, NC DCM-MI-0 CITY JAN 15 2015 i • IIiIIIIII�IIIIIIIIIIIIIIIIIIIIIIiIIII 121758.0 83596 P0429 13:48:58.001 Brenda M. Clemmons PROP Brunswick County, NC Register of Deeds page 5 of 6 STATE OF NORTH CAROLINA ) COUNTY OF I, of is�Ile ) �,�ka r(,l ,a Notary Public of Q��y�S��.��c County,North Carolina,certify that Cl— personally appeared before me this day and acknowledged that he/she is of BIG PINE HOLDINGS, LLC, a North Carolina limited liability company, and that by authority duly given and as the act of the limited liability company,the foregoing instrument was signed in its name by�•lj,,a Witness m hand and notarial seal,this P/�,•��.,, y � � day of December,2014. 3 2CJ-2v `� C/�.�(> -(�2Q n .CC �� NaIrAr�. O• My commission expires: Notary Public ••.,,7CK COV 00 STATE OF NORTH CnnA��ROLINA ) COUNTY OF OU+ J j,L ) I, . -1 ( +Q rd a Notary Public of I.j U((t^L County,North Carolina certify that MACK L. HEWQ'T, JR., as Trustee personally appeared before me this day and acknowledged the due executi jpI of the foregoing pa @a,,�C instrument. E J. P/ ••yw /�y� • S �a Witness my hand and notarial seal,this day of j%0'T r en. 90 My commission expires: 2 ,"261 J �. r` Notary Public 71Au ��i V w w �� cy ••,�`'''*K 90i 0'�a, STATE OF COUNTY OF �r ) (nc�ICS ,a Notary Public of �JC {r County, `Jo,.k�, Cep 1i,.^ certify that tom:r�nr�� t� ce �..[ak�5 personally appeared efore me this day and acknowledged that he/she is of of SUNSET BEACH HOLDINGS, LLC, a South Carolina limited liability company, and that by authority duly given and as the act of the limited liability company,the foregoing instrument was signed in its name by him/her. H Witness my hand and notarial seal,this 1day of December,2014. My commission expires: Notary Public RECEIVED JAN 2 9 7014 DCM-MHD Cry RECEIVED DCM WIL.MINGTON, NC JAN 15 Z015 II I I I I i l III II III I I I II II I I II I I II I II III B35�6 RL13:48-58 001 wick County, NC Register of Deeds mons PROP page 6 of 6 STATE OF ,�� COUNTY OF 00(c; ) 1, AV,,,, C[�C�Cs a Notary Public of �bfrh County, r Co -1)\:ten- certify that 4'r qv\c S C Gl— personally appeared before me this day and acknowledged that he/she is ck.C'fi cyr of SUNSET BEACH HOLDINGS 1I, LLC,a South Carolina limited liability company,and that by authority duly given and as the act of the limited liability company,the foregoing instrument was signed in its name by him/her. Witness my hand and notarial seal,this 1� day of December,2014. My commission expires: ! fr, Notary Public RECEIVED JAN 2 9 2015 DCM-MHO CITY RECEIVED DCM WILMINGTON,NG JAN 15 Z015