16098_KITZMILLER, JOHN_19960502

Applicant Name
Address
City
CAMA ANTt�016098
GENERAL
AY 2 110
PER
as authorized by t a e o •Ior�h
N•
Department of Environment, Health••, and Natural Resources and the Cb11stal'Reso.urces Commission
in an area of environmental concern pursuant to 15A NCPC
Phone�f�u"m erS;a
Project Location (County, State Road,
Type of Project Activity =
PROJECT DESCRIPTION I SKETCH
Pier (dock) length
Groin length
number
Bulkhead length
max. distance offshore
Basin, channel dimensions
cubic yards
Boat ramp dimensions
Other
This permit is subject to compliance with this application, site
drawing and attached general and specific conditions. Any
violation of these terms may subject the permittee to a fine,
imprisonment or civil action; and may cause the permit to be-
come null and void.
This permit must be on the project site and accessible to the
permit officer when the project is inspected for compliance.
applicant certifies by signing this permit that 1) this pro-
fs consistent with the local land use plan and all local
finances, and 2) a written statement has been obtained from
adjacent riparian landowners certifying that they have no
objections to the proposed work.
In issuing this permit the State of North Carolina certifies that
this project is consistent with the North Carolina Coastal
Management Program.
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permit officer's signature
issuing date expiration date
attachments
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application fee,

State of North Carolina
Department of Environment,
Health and Natural Resources • •
Division of Coastal Management
Wk
James B. Hunt, Jr„ Governorp E H N F1Jonathan B. Howes, Secretary
Roger N. Schecter, Director
May 2, 1996
Mr. John Kitzmiller, Jr.
121 Harbor Drive
Hubert, NC 28539
Dear Mr. Kitzmiller:
Attached is General Permit #016098 to construct a pier in the Atlantic Intercostal
Waterway adjacent to your property in the Vista Cay development, Onslow County.
In order to validate this permit, please sign all three (3) copies as indicated. Retain the
white copy for your files and return the yellow and pink signed copies to us in the enclosed,
self-addressed envelope.
Your early attention to this matter would be appreciated.
Sincerely,
James L. Mercer
Field Representative
Enclosures
P.O. Box 769, 3441 Arendell St., Morehead City, North Carolina 28557 Courier #11-12-09
Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

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JOHN S. KITZMILLER JR. 180-28-4802
JUDITH F. KITZMILLER 296-30-0272 66-301531
121 HARBOUR DR BEAR CREEK 910-326-1775 Q
HUBEIRT, NC 28539
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STATE OF NORTH CAROLINA
COUNTY OF ONSLOW
PETITION FOR
THIRD PARTY HEARING
BY V. GLENN AVERY AND
GRADY WINDHAM, TRUSTEE
OF ROY JAMES ESTATE
Nle JO-A�
BEFORE THE CHAIRMAN
COASTAL RESOURCES COMMISSION
96 CMT 12
RECOMMENDATION OF DIVISION
OF COASTAL MANAGEMENT
Pursuant to G. S. § 113A -121.1(b) of the Coastal Area Management Act (LAMA), V.
Glenn Avery and Grady Windham, Trustee of the Roy James Estate, (hereinafter "Petitioners")
has filed a Petition for a Third Party Hearing with the Coastal Resources Commission.
Petitioners seek permission to file a Contested Case Petition with the Office of Administrative
Hearings to challenge the issuance of CAMA General Permit No. 016098, issued to Mr. John
Kitzmiller for a pier adjacent his property on the Intracoastal Waterway in Onslow County,
North Carolina.
I. FACTS
A. CAMA General Permit No. 016098 authorizes development of a six foot wide, 390 foot long
pier v,ith a 25 foot by 10 foot T -head in the Coastal Wetlands, Estuarine Waters, and Public
Trust Areas of Environmental Concern. See Permit, Attachment A.
B. The project site is at 121 Harbor Drive in Hubert, North Carolina. It is Lot 7B in the Vista
Cay Subdivision off State Road 4 1503 and the Intracoastal Waterway near Bear Creek.
C. Adjacent to the permittee's lot is a tract of marshland. identified as Tract V, lying in the
Intracoastal Waterway. See survey included as part of hearing request, Attachment B. See also
attached aerial photograph 9 4-165-5; the site is marked in red.

2
D. The permitted pier would go from the permittee's upland property, cross the marshland, and
end in the open water of the Intracoastal Waterway. See permit, Attachment A.
E. The petitioners own the adjacent upland property which also borders Tract V. The petitioners
claim ownership to Tract V. See survey included as part of hearing request, Attachment B.
II. ARGUMENT
A. Petitioners allege that they will be directly affected by the development because they own the
marshland over which the pier will be placed. For purposes of this hearing request, DCM does
not contest that petitioners are directly affected by the decision, but only because they are the
adjacent upland owner and not because they own the tract over which the pier would be placed.
G.S. § 113A -121.1(b)(2).
B. Petitioners' sole contention in this hearing request is that they own the marshland over which
the pier would be placed.
It is beyond the jurisdiction of the Coastal Resources Commission to determine private
title to lands claimed by the State. Furthermore, an administrative hearing is not the proper
forum in which to make such a claim. Such a determination would have to be made in Superior
Court through a quiet title or similar action.
Even if this were a matter justiciable by the Coastal Resources Commission. petitioners
do not have title to this property. Title to Tract V rests in the State. Because piers are allowed
across state-owned submerged lands, DCM had no grounds upon which to deny the permittee's
request for this pier.
The property in question lies in the Intracoastal Waterway, the bed of which is owned by
the State. Under N.C.G.S. § 113-205, anyone claiming an ownership interest in the bed lying

under navigable waters of any coastal county of North Carolina would have had to have
registered the claim with the State by January 1, 1970. Unregistered rights and titles are null and
void. State records reflect that no such private claim has been registered for this property. Thus,
by operation of G.S. § 113-205, title to this land rests in the State.
The lands are clearly within the ownership of the State through the full breadth doctrine,
which provides that a navigable water body is considered navigable to its margins, i.e., to the
mean high water mark. As the Intracoastal Waterway is considered navigable, it is navigable to
the mean high water mark, which includes the disputed tract.
Even if petitioners were to argue that the tract is not under navigable waters, petitioners
would have the burden of coming forward with a connected claim of title from the sovereign (the
State) for the identical lands claimed by them. State v. Credle, 322 N.C. 522 (1988); State v.
Brooks (II), 279 N.C. 45, 57, 181 S.E.2d 553, 560 (1971). Under G.S. § 146-79, in all
controversies and suits for any land to which the State or any State agency or its assigns shall be
a party, the title to such lands shall be taken and deemed to be in the State or the State agency or
its assigns until the other party shall show that he has a good and valid title to such lands in
himself. In actions contesting title to coastal marshlands between the State and another party,
"title to the lands in controversy shall be taken in the State unless and until the other party shall
show that he has a good and valid title to such lands in himself." State v. Brooks (emphasis in
original). In order to satisfy this requirement, the petitioners would have had to have come
forward with an unbroken chain of title back to an original state grant that specifically describes
the property and was valid to convey the rights they claim. No such showing has been made
here.

4
C. Petitioners have not alleged facts or made legal arguments that demonstrate that the request
for the hearing is not frivolous. G. S. § 113A -121.1(b)(3).
The quasi-judicial authority of the Coastal Resources Commission is limited to
adjudication of matters within its jurisdiction, i.e., alleged violations of the Coastal Area
Management Act and the Rules of the Coastal Resources Commission. Petitioners wish to
contest title to land claimed by the State. This is not a subject within this administrative agency's
jurisdiction. Petitioners have offered no grounds upon which to prevail in this forum and thus
have not met their burden of demonstrating that their request is not frivolous.
IV. RECOMMENDATION OF DIVISION OF COASTAL MANAGEMENT
In conclusion, the petitioners have not met the criteria set forth in G.S. § 113A -121.1(b)
to justify a contested case hearing. Petitioners have not identified any statute or rule that could
have prevented issuance of the permit and have not alleged facts or made legal arguments that
demonstrate that the request for the hearing is not frivolous.
For the reasons stated herein, the Division of Coastal Management recommends that the
Petitioners' Petition for Third Party Hearing be DENIED.
This the 5th day of June, 1996.
y
Amy R. Gillespie
Associate Attorney General
N.C. Department of Justice
Post Office Box 629
Raleigh, North Carolina 27602-0629
[phone]

5
CERTIFICATE OF SERVICE
This is to certify that a copy of the foregoing RECOMMENDATION OF THE
DIVISION OF COASTAL MANAGEMENT was served on Petitioner's Attorney, Mr. David
Barefoot, by causing a copy thereof to be deposited in the United States Mail, first class, postage
prepaid, addressed as follows:
Mr. David Barefoot, Esq.
P.O. Box 1766
Wilmington, North Carolina 28402
This the 5th day of June. 1996.
Michael F. Easley
Attorney General
By
Amy R. Gillespie
Associate Attorney General
N.C. Department of Justice
Post Office Box 629
Raleigh. North Carolina 27602-0629
[phone]

a S7ATF o
State of North Carolina
MICHAEL F. EASLEY Department of Justice
ATTORNEY GENERAL P. 0. BOX 629
RALEIGH
27(302-0(32()
May 29, 1996
Ii
p^
'l� I ltl f 0
�Mracrral�cari �}ay� a.M�m!
REPLY TO: Robin W. Smith
Environmental Division
Tel. [phone]
Faz.[phone]
Mr. David C. Barefoot VIA TELEFAX [phone]
P.O. Box 1766 and U.S. MAIL
Wilmington, N.C. 28402
Re: Request for Contested Case Hearing By V. Glenn Avery, Jr.
Dear Mr. Barefoot:
The Chairman of the Coastal Resources Commission has received the Third Parry
Hearing Request submitted on behalf of V. Glenn Avery, Jr. and the Estate of Roy James
concerning CAMA General Permit No. 016098 issued to John Kitzmiller. As counsel to the
Coastal Resources Commission, I am responding to your request of May 22, 1996 that the
Chairman delay any decision on the hearing request for a period of 14 days from the date of your
letter.
Under G.S. § 113A-121.1, the Chairman must grant or deny the hearing request no later
than June 6, 1996. He will consider any additional information submitted prior to that date.
Please send any additional information to me at the letterhead address as soon as possible for the
Chairman's consideration. The Division of Coastal Management will prepare a recommendation
to the Chairman on the hearing request addressing the standards set out in the statute.
Please call if you have any questions.
Very Truly Yours,
Robin W. Smith
Assistant Attorney General
cc: Charles Jones✓
Amy Gillespie
An Equal Opportunity / Affirmative Action Employer
Niza

Na STATE._ xV
OJM.wsp ��
State of North Carolina EJUN 7219
�����;��� �c�
MICHAEL F. EASLEY Department of Justice l.� V
ATTORNEY GENERAL P. O. BOX 629
RALEIGH REPLY TO: Robin W. Smith
Environmental Division
27602-0629 Tel. [phone]
Fax.[phone]
June 18, 1996
Mr. David C. Barefoot CERTIFIED MAIL
Attorney at Law RETURN RECEIPT REQUESTED
P.O. Box 1766
Wilmington, N.C. 28402
Re: Order Denying Request for Contested Case Hearing
Dear Mr. Barefoot:
Enclosed please find a copy of the order entered by the Chairman of the Coastal
Resources Commission denying Mr. Avery's request for a contested case hearing. Mr. Avery
may appeal the Chairman's decision by filing a petition for judicial review in the superior court
of Onslow County within thirty (30) days after receipt of the Chairman's order. Please note that
a copy of any petition must be served on the agent for service of process for the Coastal
Resources Commission at the following address:
Mr. Richard Whisnant
General Counsel
Dept. of Environment, Health and Natural Resources
P.O. Box 27687
Raleigh, N.C. 27611
Please call if you have any questions.
cc: Charles Jones
John Kitzmiller
Amy Gillespie
Very Truly Yours,
Robin W. Smith
Assistant Attorney General
An Equal Opportunity / Affirmative Action Employer ���

s
SATE OF NORTH CAROLINA
C UNTY OF ONSLOW
PETITION FOR
THIRD PARTY HEARING
BY V. GLENN AVERY AND
GRADY WINDHAM, TRUSTEE
OF ROY JAMES ESTATE
BEFORE THE CHAIRMAN
COASTAL RESOURCES COMMISSION
96 CMT 12
i
L:L--au
0 �
ORDER
This matter came on before the Chairman of the Coastal Resources Commission as a
request for a contested case hearing pursuant to N.C.G.S. § 113A-121.1 and 15A 71.0301. V.
Glenn Avery and Grady Windham, Trustee of the Roy James Estate, (hereinafter "Petitioners")
filed a Third Parry Hearing Request seeking permission to file a Contested Case Petition to
challenge the issuance of CAMA General Permit No. 016098 issued to Mr. John Kitzmiller for a
pier adjacent his property on the Intracoastal Waterway in Onslow County, North Carolina.
Upon consideration of the petition for contested case hearing and the recommendation of
the Division of Coastal Management, Department of Environment, Health and Natural
Resources, the Chairman makes the following:
FINDINGS OF FACT
Based on the foregoing Findings of Fact, the undersigned makes the following:
1. On May 2, 1996, the Division of Coastal Management, Department of Environment,
Health and Natural Resources (DCM), issued CAMA General Permit No. 016098 to John
Kitzmiller. The permit authorizes construction of a pier on the applicant's property at 121 Harbor
Drive in Hubert, North Carolina. The permitted pier will be 390 feet long, six feet wide and end
in a 25' X 10' T -head.

` 2
2. The property, also identified as Lot 713 in the Vista Cay Subdivision, is located on the
Intracoastal Waterway near Bear Creek.
3. The project site is located in the Coastal Wetlands, Estuarine Waters, and Public Trust
Areas of Environmental Concern.
4. The Kitzmiller lot adjoins a tract of marshland, identified on subdivision plats as Tract
V, in the Intracoastal Waterway.
5. The permitted pier would extend from Kitzmiller's upland property, across the marsh
tract, and- into the open waters of the Intracoastal Waterway.
6. Petitioners V. Glenn Avery and the Roy James Estate own the adjacent upland
property which also borders Tract V. The petitioners claim ownership to the marshland
identified as Tract V.
7. Under N.C.G.S. § 113-205, any person claiming an interest in lands under navigable
waters was required to register their claim with the State by January 1, 1970. Claims not
registered by that date are null and void under the statute.
8. No private claim to the marshland described as Tract V has been registered.
9. In the absence of a timely claim supported by a connected chain of title to an original
instrument of title issued by the State, title to all lands under navigable waters is presumed to
belong to the State. See, State ex rel. Rohrer v. Credle, 322 N.C. 522 (1988); State v. Brooks (II),
279 N.C. 45, 57, 181 S.E. 2d 553, 560 (1971); N.C.Gen. Stat. 146-79.
10. The marshland tract at issue lies in the Intracoastal Waterway which is a navigable
water body.

" 3
11. Under the "full breadth" rule, a navigable body of water is considered navigable to
the high water mark. Ward v. Willis, 51 N. C. 183 (1858).
12. Petitioners have not alleged that the marshland in question is above the mead high
water mark.
13. The legislature directed the Secretary of the Department of Environment, Health and
Natural Resources (DEHNR) to implement N.C.G.S. § 113-205 and to evaluate claims filed
pursuant to the statute. N.C.Gen. Stat. § 113-206.
CONCLUSIONS OF LAW
1. For purposes of N.C.G.S. § 113A -121.1(b), petitioners are directly affected by the
permit decision in that petitioners own real property adjacent to the project site.
2. Petitioners' hearing request does not allege any violation of coastal management
statutes or rules.
3. Petitioners failed to allege facts or make legal arguments demonstrating that the
request for the hearing is not frivolous within the meaning of the statute in that:
a. All of the facts in the record indicate that the disputed area of marshland is in the
Intracoastal Waterway and is owned by the State under the public trust doctrine.
b. To the extent petitioners have any claim of ownership to the marshland waterward of
the Kitzmiller property, that claim must be established in the General Court of Justice. The
quasi-judicial authority of the Coastal Resources Commission is limited to issues arising under
the Coastal Area Management Act and the Rules of the Coastal Resources Commission. The
CRC has no authority to determine title to real property and a title dispute cannot be the subject
of a contested case hearing under CAMA.

• 4
c. The CRC likewise has no authority to implement N.C.G.S. § 113-205 or to determine
the validity of claims to lands under navigable waters pursuant to that statute. Therefore, such a
claim may not be the basis for a contested case hearing under CAMA.
Therefore, Petitioner's request for a contested case hearing is hereby DENIED.
This the 16 d y of June, 1996.
Euge B. Tomlinson, Jr., Chairman
Coastal Resources Commission
Doc: 11379

DAVID C. BAREFOOT
ATTORNEY AND COUNSELOR AT LAW
FI1CS TEMPLE BUIIDING
255 Norm Faoerr Scam
posy C)mm Box 1766
WFLUNGTO+, Norrx C'.waa 28402
[phone] FAX [phone]
May 22, 1996
ii 60660*SabialI�M��MAw�
VIA TELEFAX (919-733-1495) AND US MAIL
Mr. Roger Schecter
Director, Division of Coastal Management
State of North Carolina Department of
Environment, Health and Natural Resources
512 North Salisbury Street
Raleigh, NC 27611
Re: Third Party Hearing Request on
CAMA Permit Decision -
issuing CAMA General Permit #016098
Onslow County - to John Kitzmiller
Dear Sir:
The undersigned is attorney for V. Glenn Avery, Jr and the Estate of Roy James,
who filed notice of objections to the issuance of the referenced permit by letter from
the undersigned to NC Division of Coastal Management dated March 22, 1996, a copy
of which is attached.
The Petitioners objection to the issuance of the Permit is based upon their claim of
ownership of the fee simple title to the subject property by virtue of deeds duly
recorded in the Onslow County Registry. Our client has title insurance purportedly
covering the lands in question, the title to which has been contested by a
memorandum from the Attorney General's office addressed to Charles Jones, DCM
District Manager, dated April 17, 1996 (the "AG Memo").
I have requested and received today from Amy Gillespie, Attorney, in the
Environmental Section of the Attorney General's office information concerning the title
research performed by a paralegal upon which the AG Memo was based.
The purpose of this letter is to request permission to file an appeal pursuant to G.S.
113A-121.1 (b). We request that you delay any decision in this matter for a period of
14 days from the date of this letter to give us an opportunity to conduct our own
investigation concerning the questions of title referenced in the AG Memo. We will
pursue this matter immediately and will notify you within 14 days upon completion of
our investigation whether we wish to withdraw the request or continue to pursue an
appeal.

Mr. Roger Schecter
Page Two
May 22, 1996
Thank you in advance for your cooperation and assistance in this matter. If you need
any additional information, please let me know.
Very truly yours,
Davi C. Bar oot
Attorney for . Glenn Avery and
Estate of Roy James
DCB/b
Enclosure
cc: Charles S. Jones
Amy Gillespie, AG's Office
V. Glenn Avery
Grady Windham
Frank Erwin, Esq.

DCM FORM 5
V. GI.EW AVERY AND
PETITIONER'S NAME GRADY WIMHAM, TRUSTEE of
ROY JAMES ESTATE
COUNTY QNSLGW
1 1'
one):
(Petitioner leave blank)
THIRD PARTY HEARING
REQUEST ON
CAMA PERMIT DECISION
ISSUW CAMA GENMAL PERMIT
x{016098 to JOHN
ONSLOW COUNTY
PLEASE TAKE NOTE that the undersigned, a person affected by the decision of (check
a Local Permit Officer acting on a CAMA Minor Development Permit
Application; or,
The Division of Coastal Management, Department of Environment, Health, and
Natural Resources and Community Development, acting on a CAMA Major
Development Permit Application
hereby rgquests permission from the Coastal Resources Commission to file an appeal pursuant
to G.S. 113A -121.1(b).
Requests are reviewed by the Chairman of the Coastal Resources Commission to
determine whether a hearing should be granted. The determination of whether to grant a hearing
is in the sole discretion of the Chairman. [15A NCAC 7J.0301(b)]
Factors considered by the Chairman in determining whether to grant a hearing are as
follows: (You must address these factors before your Request will be reviewed.)
(a) Whether the permit decision was contrary to any applicable statute or regulation.
[G.S. 113A-12.1.l(b)(1)]. Please set out below the statute or regulation allegedly
violated by the permit decision.
(b) Whether the Petitioner is directly affected by the permit decision. [G.S. 113A -
121.1(b)(2)]. Persons directly affected by a decision include, but are not limited
to:
(1) any owner of real property in the vicinity of the property to be developed
who can show that the proposed development is likely to have a significant
adverse effect on the value and enjoyment of his property; and,
(2) any person who can demonstrate a history of substantial use of the public
resources in the area directly affected by the development when the
development is within or touches upon an area subject to the public trust.
Please state below in what way you are a person directly affected by the
permit decision.

-2-
(c) Whether the Petitioner has alleged facts or made legal arguments that
deomonstrate that the request for the hearing is not frivolous. [G.S. 113A -
121.1(b)(3)]. Summarize the evidence you will present at a hearing in support
of your appeal.
5-/22/96
Date
DAVID C. BAREFOOT, ATTORNEY FOR
V. GLENN AVERY AND ROY JAMES ESTATE
ame of Petp
iti er or rney
Signature
WILMENGTON NC 28402
City State Zip
[phone] 910-762-7877(fax)
Telephone Number
NOTE: Denial of a request for hearing is a final decision which may be appealed
under G. S. 113A -121.1(b) and Chapter 150B, Article 4.
NOTE: A Hearing Request involving a CAMA Minor Development Permit must
include a Verification by the Local Permit Officer that there has been a
final decision by the local government on the Permit Application. (15A
NCAC 7J.0302) (A copy of the permit decision attached to this form will
constitute Verification.)
NOTE: This Request must be filed with the Director, Division of Coastal
Management, within twenty (20) days after the decision by the Local
Permit Officer or the Division of Coastal Management. Failure to do so
constitutes waiver of the right to request a hearing. [15 NCAC 7J.0302(b)]
The original Hearing Request should be filed with the:
Director, Division of Coastal Management
Post Office Boz 27687
Raleigh, North Carolina 27611-7687

CFRTfFIC'ATE OF SERVICE
I hereby certify that a copy of this Third Party Hearing Request has been served on the
following by depositing a copy of it with the United States Postal Service with sufficient postage
or by personally delivering it to:
Attorney General's Office
Environmental Section
P. O. Box 629
Raleigh, NC 27602-0629
This the 22 day of
REVISED: September 6, 1995
Signature of Pe do er or Attorney

APR -22-1996 13:32 FROM DCM MOREHEAD 919 247 3330 TO
State of North Carolina
IWLSABi. F. EA MY vcparwm�:W Of 3usWe
.%T ommY P. Q. EM 629
HALMGH
2 76024 O
MEMORAND M
TO: talcs lanes, UC M District Maaagw
FROM: Amy Wespie
DIM Apn717,1996 Q
A
19107627877 P.02
fl 00.rj G4Qy
to Mdc�.
BE: Ownership of Laud in Vesta Cay Uemlopmeut, Owlaw Cony
Tins nxwu ran&= is is responw to your qu esdon regarda g ownership of property
located at the V-4 a, Cay dnna opmwL Onalaw County, &4=3t to the IntraamumI Waterway.
It is my that W John KitzmWJzr bas idled far a CAMA permit to
consmxt a pirr-over mushlaod adjacem to his upland property at Lot 7B in the Vista Cay
dmIcTme i in OwIew County. le Glen Avery, the Aacad ups pwpcm ow=. submitted
a letter objecting m the project on the grounds tbst be, W. May, was the rightfal ow= of the
property over which the pier viould be placed.
The property in quwh m I= in the ht woastal Watermy, the bed of which is owood by
the State- Un,da Worth Cao Umi Conical Site § 113,-205, anyone claiming as ownexebip
interest in the bed lying ander navigable waters of ark* coastal county of Wroth Cat+aliaa would
havoc bad to have registered the claim with the Stale by JaaQary 1, 1970. Uute0sume i rights and
titles arc rant and void. StaGa rocoT& mfle+ci that no such pnvate claim tau boar rcgistcred for
this property. Thus, by apaoxtim of G.S. $ 113-205, title to this land rests in the StUe R -M
Tedmhwl Uk v Pratt, 339 N.C. 599, 453 SE.2d 147 (1995).
Flow, a title semb of W. Kit=Mei's =d Mr. Avery's upisad pity hie
sbawn that a previously issued and recorded deed fivm Mr. Avem's tsar in title purporfied
to ca wn7 the muwWamd at tare w Mr_ Kit mul ees paxwemm in titk I urs, aver if Mr.
Avery's claim had not been voided by opmmdA a of G.S. § 113-205, Mr. Avery woWd ant have
title
Please do not hesitate to cvatsc;t me if I can be of further awistan=
TOTAL P.Ot
TOTAL P.02

DAVID C. BAREFOOT,
ATTORNEY AND COUNSELOR AT IJCW 3
ELKS TEMKE BURDING
2m NoRrn F=ff SMUT
pWT OffKz Boa 1766
Wn"awro • Norm cm—" 23'
(910) 762.= FAX [phone]
March 22, 1996
N. C. Division of Coastal Management
P. O. Box 769
Morehead City, NC 28557 CERTIFIED MAIL - RETURN RECEIPT RE(2UEST
ED
Re: NOTICE OF OBJECTIONS TO APPLICATION OF .JOHN KITZMILLER for
CAMA Minor Development Permit
Lot 713, Vista Cay, Onslow County, NC
Dear Sirs:
This letter is in response to notice received on March 18,
1996, of application of John
Kitzmiiler for a CAMA Minor Development Permit to buildIer Estate of Roy B9James (Grady
certain
lands in Onslow County conveyed to V. Glenn Avery andthe
Windham, Executor) (the "Owners") by deed dated October 6, 1993, and recorded In Book
1 138 at Page 169 of the Onslow County Registry. This appears to be identical to their earlier
has previously objected.
application dated October 30, 1995, to which my client, Mr. Avery,
(See copy of recorded plat and deed attached to my letter to you dated November 7, 1995,
a copy of which is enclosed). We do not understand why this is being refiled, and would
appreciate an explanation.
This is to advise that Mr. Avery objects to the issuance o ands f a permit
thar construction
ons ructinnri f a per
across/through/over the lands of the Owners and d
be
protected by the denial of this application.
We request that you acknowledge receipt of this Notice of Objections by signing and returning
to the undersigned a copy of this letter.
We have previously notified Mr. Rawls by copy
of our letter to you dated November 7, 1995,
future
and again by this letter request that ail correspondence or anythe above property be Isent t the
of any
proceedings addressed to V. Glenn Avery concerning
undersigned at the above address.
cc: V. Glenn Avery
Roy James Estate
Charles Rawls & Associates
Very truly yours,
AVIoe
Attory and
Roy B. James Estate (Grady Windham, Executor)
d:\share\dcb\1etters\CAMA.39E

N. C. Division of Coastal Management
March 22, 1996
Page 2
for a
Please acknowledge receipt of this letter objecting to the the followingacknowledgementication of John ion the return
CAMA Minor Development Permit by completing
copy of this letter and returning to addressee by return mail in the stamped, self-addressed
envelope.
From: N. C. Division of Coastal Management
To: David C. Barefoot
Attorney for V. Glenn Avery & Roy James Estate
Post Office Box 1766
Wilmington, N. C.
RECEIPT OF DAVID C. BAREFOOT LETTER DATED MARCH HEREBY AC 996, CONTAINING NOTICE OF OBJECTION
TO CAMA APPLICATION BY JOHN KiTZMILLERI
NC DIVISION OF COASTAL MANAGEMENT:
By:
Authorized Representative
Date:
d:\share\dcb\letters\CAMA.31

DAVID C. BAREFOOT
ATTORNEY AND COUNSM.OR AT IA*
10
ln= 41 6grm HU>Licom
2S! ?,,am ntcw I
Flow owua an 17U
wruira�• t#M= CAAW- ► 2UM
(910) 7U4= FAX (91(n 76Z -7W
November 7, 1995
N. C. Division of Coastal Management
P. O. Box 769 CERTIFIED MAIL - RETURN RECEIPT REflVESTE
Morehead City, NC 28557
Re: Notice of Objections to Application of John Kitzmiiler for
CAMA Minor Development Permit
Lot 7B, Vista Cay, Onslow County, NC
Dear Sirs:
This letter is in response to notice received on 11 /1 /95 of application of John Kitzmiiler for
CAMA Minor Development Permit to build a pier across/through/overoBame a1(nGrady W ands in odhae
County conveyed to V. Glenn Avery and the Estate of Roy
Executor) (the "Owners") by deed dated October 6, 1993, andreana d edBook enclosed$ at Pa
169 of the Onslow County Registry. (See copy of recorded pi
This is to advise that the Owners object to the issuance of apermi be potected construction the den,
across/through/over their lands and demand that their riparian
rights
of this application.
Notice of Objections by signing and returning to t
Please acknowledge receipt of this
undersigned a copy of this letter.
in this matter should be sent to the undersigned at
Notice of any further proceedings
above address. Very truly y rs,
DAVID C. BA
Attorney for V. Tenn Avery and
The Estate of Roy B. James
(Grady Windham, Executor)
cc: V. Glenn Avery
Roy James Estate
Charles Rawls & Associates
RECEIPT OF THE ABOVE NOTICE IS HEREBY ACKNOWLEDGED:
NC DIVISION OF COASTAL MANAGEMENT:
By:
Authorized Representative
Date:
d:Ishareldcblletters\CAW

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tush
1138pia 169
cmad
oma
Prepared Hyl trances Y. Trask
Return to: JOHNSON i Lh"ETS
STATE or NORTH caRotzNA TRDSTEE•S DEED
COUNTY Or ONSIDM
day of
THIS DEED. Made and entered into as of this the tea.
October. 1997, by and between FRANCES Y• TRASK• Sub&tituts Tres
Of Now Hanover County. North Carolina. party Of the first part.
hereinafter referred to as 'substitute Trustee" GLENN ves
AND THE ESTATE or ROY B. JAMES (�Y ���•
and address of:
P.O. Boot 1017. Nltalagtoa. North Carolina 21606
R.
party of the second Part. har+ins� C r8fs-- to an �
as used harooinba
sll
The designation Substitute Trestsa rs and assigns. a/d &ball
include toe parties. their hairs. 'AD" orcalmo neuter as required
include singular. Plural. sss�l•
by context.
mTTW ES ETMt
THAT 1nNERTaf. TRI-STATEyja=°LCD �1TOAd111sAv. ON ad 1my e.
Jamas Bzandon, Trustee for the be11eI, Book 977 at Page 12 LA the I
James, a dead of trust t OD&LOw County, Horth Carolina.
office at the Register of Do*"and premiaas hereinafter
conveying its interest In the lands
described) and
NHERbeing
rLS, the indebtedness seemed by said deed of -54trusb&ving
overdue and unpaid and the holder oL said Trustindeb� having
substituted Frances Y. Trask eu Substituu Ttasts
called upon the said rsances
Y. Trask. to foreclose said deed of
trust: the said rranoes Y. Traskths
. Snbstituto TSIi&tee. attar fter &a
of notice of hearing on all parties ansitled 0rrioT Court
�!• : n - : order permitting foreclosure entered by the clerk of Supsas
of Onslow County on July 20, the attdead
Ofdue truat� the notice
ice
�+ • "ow notice.
1 ° • -y, required by lav And the terms of artier entitled to tine
° of sale having been Mailed to all P 1993 at 12:00 o'clock
Offered said land for mals on August 36• B, Jamas
-noon. when and where v. Glenn Avery and the Estate of pay ice of
tGrady Windham. Exact becjfe the highest bidder at the Dr and
? ` .one Hundred Ninety-6wen Thousand TIIzse Hundred L1gbtY� rile Ho.
J� 67/100 Dollars. all of vhiW will appear Su ^riorence of 0bslow
_ 92 SP 229 In the otflce of the Clark of Superior Court
County, North Carolina: and
.
WHERE
Asa zeport ed
o! said said vas made to the Cleric of
1 .Superior CAS On September B. 199] and said bid ramainopen for
o" I';
more than tan (10) days and no advanced bid vas made: and
L ���
ncan y. Trask, Substitute Trustee.
NON. :HEREFORE. the said Fra promises and the Mus at one
o as aforesaid. in consideHundration ofap t ed ESgIIty-fiw and 67/100
Hundred Ninct Swan Thousand Three bargained and sold, and by theca
x>' Dollars to her in hand paid. has of the
•'��> -' presents does bargain. andus into the Said party
Moll and the land Mold as
l second part. its suLng and
in the Chanty of s fall State
a[oresaid, the ease lying std being described as follows:
g of North Carolina, and mote particularly /L�
aTATL aIj �f1C ajj301�
�
STAY[ or STAT[ w��STAMPS:r.owTw c« .gwirr cawIFMA rrowY.aC :394.00S n"a Tea ��ossa
STATi o• 100.00 ,(] 100.00A
9r.owT•. 1;1 furan ®�
�

F� anmc 1138eec� 1?U
40a�, ;tsa h>n`� rs �e
To lova Am To H= said lands and premises togeth— with all
thersnato beiort4in4, or in an its
iss
price and
i d party oL the ascend part. " the
anceessass mod assigns. LIM as • �sub,ject. hwevar. to
Trustee has r tOconveyis and rsatrictions oL record
ptandira plicsble tO said prOPerty- u
Traaaas Y. Trask. in her eapsaitYib"- has ftly executed _
Substitute T>'bstse MWVtd abort d L � 11al the tYP� rttanLSrst
_Seal /Mand
b-her na>ter an w of tLe day and year
above writt.n.
� ar�►L1
lAANCTs Y. x
titT�ta tee
WATL or MD><TII COALUM
//�r���.% ilC,fl. a W Ita Wbllc in +� fur
Wit=
i. _ _ r. do dsrsbY
Of llorts arOLsk. ssbstime Tru ttee. did this day persoaallY
r"nass
ra OLOrs r aed aOkeorlad4a t� �• es�CIon o1 he loz"oinq
inatrsoabt Lor tae porposas tdarein esPreseed• day
rss hmnd and notarial atasp or Baal. this the
of ��_ 1lf7.
Br11L1. b1oTAxY PUBLIC
"pirss:
arsTe••""" aa�o� Unita F. Dison I
Tf.r�r
r..a. r
as �� r r .�..� TV. 6--w—� '��O ee t o� u� �
117 Tfb�-Anr
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CMW" OT OOIOR
Tia Notim of lessaiosa" is tllad tow �mdatioa possnaat
to tW
pzvvisioas of a. S. 4s -ss.
Txuazzst W. n= muwm
fII°''� a T. TRUM
TX 5stab of a"
mumnClmt t• Ozm �smpitdbas. mO6 • (es !_
raaozdad is. soak f77 at a Oeaiw aro—.06-00
�ele9fstiT
"da tW daY et OotobM.
Y. TrM •.2ZastN
.ice iLMUIE-
T50
TCMC 25402
s!=z or omm --mm
o0twn or m T0oMM
!. "' !/' Y1C mat ° =la is aad t��
Y. Z'waflC• •
�tY grata. doltOw��y aa.a tsaa statarat of
Wing daiY cram, aoknwiodgad
•asd lletswial seal. trisOT—
tba 1e of
i j f1f:Pl�fs� �!
ptnd
'Dr fes. snacs�
is / .ss car in this ea 6a ce lick - Life pari: 172- ' —P..—JL
aed tsaaadad is tris aflin in Book:
MAS 6tb dA aar of oata• 19y7 u
. • Cat

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
May 2, 1996
Mr. David Barefoot
Attorney and Counselor at Law
Elks Temple Building
P.O. Box 1766
Wilmington, NC 28402
RE: Proposed Pier of John Kitzmiller
Dear Mr. Barefoot:
AILTI.-RaMA
DEHFNA R
Enclosed is a copy of CAMA General Permit #016098 which was issued
to Mr. John Kitzmiller and which authorizes the construction of a
pier into the Atlantic Intercostal Waterway adjacent to his
property in the Vista Cay development, Onslow County. This permit
was issued based upon the project's consistency with Coastal
Resource Commission guidelines and an opinion by the Attorney
General's office that your client does not have a valid claim to
the property over which the pier would be placed.
You do, however, have the right to request an appeal of this permit
decision. Such a request must be filed within 20 days of the
permit decision and I have provided a form which you should use
when making your appeal request.
If you have any questions concerning this, please contact my
Morehead City office.
Si cerely,
Charles S. Jones
District Manager
Enclosures
CC: Preston Pate
Jim Mercer
Jeff Richter, COE
Amy Gillespie, AG's office
P.O. Box 769, 3441 Arendell St., Morehead City, North Carolina 28557 Courier #11-12-09
Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

s
State of -North Carolina
Department of Environment,
Health and Natural Resources •
Division of Coastal Management 3
James B. Hunt, Jr., GovernorML
� C C H N � V
Jonbthan B. Howes, Secretary
Roger N. Schecter, Director
April 4, 1996
Mr. David Barefoot
Attorney and Counselor at Law
Elks Temple Building
P.O. Box 1766
Wilmington, NC 28402
RE: Notice of Objection of proposed pier by John Kitzmiller
Dear Mr. Barefoot:
We are in receipt of your letter concerning the Roy James Estate
and Mr. Glen Avery's objection to the proposal by Mr. John
Kitzmiller to construct a pier adjacent to his property in the
Vista Cay development, Onslow County. Your letter and supporting
documentation has been forwarded to the Attorney General's office
and we will respond back to you when a decision is reached on Mr.
Kitzmiller's request.
If you have any questions concerning this, please contact me at my
Morehead City office.
Sincerely,
Charles S. Jo es
District Mana e
Enclosure
cc: Preston Pate
Jim Mercer
Amy Gillespie, AG's Office
John Kitzmiller
P.O. Box 769, 3441 Arendell St., Morehead City, North Carolina 28557 Courier #11-12-09
Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

N. C. Division of Coastal Management
March 22, 1996
Page 2
Please acknowledge receipt of this letter objecting to the application of John Kitzmiller for a
CAMA Minor Development Permit by completing the following acknowledgement on the return
copy of this letter and returning to addressee by return mail in the stamped, self-addressed
envelope.
From: N. C. Division of Coastal Management
To: David C. Barefoot
Attorney for V. Glenn Avery & Roy James Estate
Post Office Box 1766
Wilmington, N. C.
RECEIPT OF DAVID C. BAREFOOT LETTER DATED MARCH 22, 1996, CONTAINING NOTICE OF OBJECTIONS
TO CAMA APPLICATION BY JOHN KITZMILLER IS HEREBY ACKNOWLEDGED:
NC DIVISO aCOA= ENT:
By:
Authorize1d' Repreest nta ive
Date:
d:\share\dcb\1etters\CAMA.396

DEPARTMENT OF ENVIRONMENT, HEALTH & NATURAL RESOURCES
DIVISION OF COASTAL MANAGEMENT
MOREHEAD CITY OFFICE
3441 ARENDELL STREET, MARINE FISHERIES BUILDING
P. O. BOX 769
MOREHEAD CITY, NC 28557
TO: li A N\XA �� i I kF- N
OFFICE:
TELEPHONE #: I 1 FAX #:
FROM:
Qty
OFFICE:
TELEPHONE #: x9191 726-7021. Ext. # FAX #: x9191 247-3330
DATE: I
no
TOTAL NUMBER OF PAGES INCLUDING COVER SHEET: c

DAVID C. BAREFOOT
ATTORNEY AND COUNSELOR AT LAW
ELKS TEMPLE BUILDING
255 NORTH FRONT STREET �—
Posy OFFICE BOX 1766
WILMINGTON, NORTH CAROLINA 28402
[phone] FAX [phone]-n MAR 2 � IN6
March 22, 1996 j_j'=
N. C. Division of Coastal Management
P. O. Box 769
Morehead City, NC 28557 CERTIFIED MAIL - RETURN RECEIPT REQUESTED
Re: NOTICE OF OBJECTIONS TO APPLICATION OF JOHN KITZMILLER for
CAMA Minor Development Permit
Lot 7B, Vista Cay, Onslow County, NC
�?ezr Sirs:
This letter is in response to notice received on March 18, 1996, of application of John
Kitzmiller for a CAMA Minor Development Permit to build a pier across/through/over certain
lands in Onslow County conveyed to V. Glenn Avery and the Estate of Roy B. James (Grady
Windham, Executor) (the "Owners") by deed dated October 6, 1993, and recorded in Book
1 138 at Page 169 of the Onslow County Registry. This appears to be identical to their earlier
application dated October 30, 1995, to which my client, Mr. Avery, has previously objected.
(See copy of recorded plat and deed attached to my letter to you dated November 7, 1995,
a copy of which is enclosed). We do not understand why this is being refiled, and would
appreciate an explanation.
This is to advise that Mr. Avery objects to the issuance of a permit for construction of a pier
across/through/over the lands of the Owners and demands that their riparian rights be
protected by the denial of this application.
We request that you acknowledge receipt of this Notice of Objections by signing and returning
to the undersigned a copy of this letter.
We have previously notified Mr. Rawls by copy of our letter to you dated November 7, 1995,
and again by this letter request that all correspondence or any future notice.; of any
-I sed o V Glen,—, " the above property Leo cent +n the
I,J riJVCGc%ii �"�,. J <7U4i J ., to ♦ .7f ..� a i=.v �i y l.v�v...� i i.�iy u F- vt IF
undersigned at the above address.
cc: V. Glenn Avery
Roy James Estate
Charles Rawls & Associates
Very truly yours,
AVID . AR F T
Attorney for . Glenn Avery and
Roy B. James Estate (Grady Windham, Executor)
d:\share\dcb\1etters\CAMA.396

DAVID C. BAREFOOT
ATTORNEY AND COUNSELOR AT LAW
ELKS TEMPLE BUILDING
2.55 NORTH FRONT STREET
CON
POST OFFICE BOX 1766
WILMINGTON, NORTH CAROLINA 28402
[phone] FAX [phone]
March 22, 1996
N. C. Division of Coastal Management
P. O. Box 769
Morehead City, NC 28557 CERTIFIED MAIL - RETURN RECEIPT REQUESTED
Re: NOTICE OF OBJECTIONS TO APPLICATION OF .JOHN KITZMILLER for
CAMA Minor Development Permit
Lot 713, Vista Cay, Onslow County, NC
Dear Sirs:
This letter is in response to notice received on March 18, 1996, of application of John
Kitzmiller for a CAMA Minor Development Permit to build a pier across/through/over certain
lands in Onslow County conveyed to V. Glenn Avery and the Estate of Roy B. James (Grady
Windham, Executor) (the "Owners") by deed dated October 6, 1993, and recorded in Book
1 138 at Page 169 of the Onslow County Registry. This appears to be identical to their earlier
application dated October 30, 1995, to which my client, Mr. Avery, has previously objected.
(See copy of recorded plat and deed attached to my letter to you dated November 7, 1995,
a copy of which is enclosed). We do not understand why this is being refiled, and would
appreciate an explanation.
This is to advise that Mr. Avery objects to the issuance of a permit for construction of a pier
across/through/over the lands of the Owners and demands that their riparian rights be
protected by the denial of this application.
We request that you acknowledge receipt of this Notice of Objections by signing and returning
to the undersigned a copy of this letter.
We have previously notified Mr. Rawls by copy of our letter to you dated November 7, 1995,
and again by this letter request that all correspondence or any future notices of any
proceedings addressed to V. Glenn Avery concerning the above property be sent to the
undersigned at the above address.
cc: V. Glenn Avery
Roy James Estate
Charles Rawls & Associates
Very truly yours,
DAVID C. BAREFOOT
Attorney for V. Glenn Avery and
Roy B. James Estate (Grady Windham, Executor)
d:\share\dcb\1etters\CAMA.396

N. C. Division of Coastal Management
March 22, 1996
Page 2
Please acknowledge receipt of this letter objecting to the application of John Kitzmiller for a
CAMA Minor Development Permit by completing the following acknowledgement on the return
copy of this letter and returning to addressee by return mail in the stamped, self-addressed
envelope.
From: N. C. Division of Coastal Management
To: David C. Barefoot
Attorney for V. Glenn Avery & Roy James Estate
Post Office Box 1766
Wilmington, N. C.
RECEIPT OF DAVID C. BAREFOOT LETTER DATED MARCH 22, 1996, CONTAINING NOTICE OF OBJECTIONS
TO LAMA APPLICATION BY JOHN KITZMILLER IS HEREBY ACKNOWLEDGED:
NC DIVISION OF COASTAL MANAGEMENT:
Authorized Representative
Date:
d:\share\dcb\letters\CAMA.396

CERIEFIED MAIM.
RETURN RECEIPT REQUESTED
Dear V. Glenn Avety:
This letter is to notify you as an adjacent riparian landowner of Mr/Mrs
John Kitzmiller plans to construct a Private Dock: (See Attached
Cama Permit Application)
on their property located at Lot 7B, Vista Cay, Onslow County
in Hubert , NC. The sketch enclosed - accurately depicts the
proposed construction.
Should you have no objections to this proposal, please check the statement below, sign
and date the blanks below the statement, and return this letter to:
Charles Rawls & Associates PO Box 1126. Swansboro, NC 28584
as soon as possible.
Should you have objections to this proposal, please send your written comments to the
N.C. Division of Coastal Management, P. O. Box 769, Morehead City, NC, 28557. Written
comments must be received within ten (10) days of receipt of this notice.
Failure to respond in either method within ten (10) days will be interpreted as no
objection.
Sincerely,
-----------------
1 have no objection to the project as presently proposed and hereby waive that
right of objection as provided in General Statute 113-229.
T have objections to the project as presently proposed and have enclosed
comments. — See 17 4"e cZ
ignature
DATE:

DAVID C. BAREFOOT
ATTORNEY AND COUNSELOR AT LAW
ELKS TEMPLE BUILDING
255 NORTH FRONT STREur
POsr Omcii BOX 1766
WILMINGTON, NORTH CAROLINA 28402
(910) 762-M5 FAX [phone]
November 7, 1995
N. C. Division of Coastal Management
P. O. Box 769
Morehead City, NC 28557 CERTIFIED MAIL - RETURN RECEIPT REQUESTED
Re: Notice of Objections to Application of John Kitzmiller for
CAMA Minor Development Permit
Lot 7B, Vista Cay, Onslow County, NC
Dear Sirs:
This letter is in response to notice received on 11 /1 /95 of application of John Kitzmiller for a
CAMA Minor Development Permit to build a pier across/through/over certain lands in Onslow
County conveyed to V. Glenn Avery and the Estate of Roy B. James (Grady Windham,
Executor) (the "Owners") by deed dated October 6, 1993, and recorded in Book 1 138 at Page
169 of the Onslow County Registry. (See copy of recorded plat and deed enclosed).
This is to advise that the Owners object to the issuance of a permit for construction of a pier
across/through/over their lands and demand that their riparian rights be protected by the denial
of this application.
Please acknowledge receipt of this Notice of Objections by signing and returning to the
undersigned a copy of this letter.
Notice of any further proceedings in this matter should be sent to the undersigned at the
above address.
Very truly y rs,
DAVID C. BAF T
Attorney for V. lenn Avery and
The Estate of qoy B. James
(Grady Windham, Executor)
cc: V. Glenn Avery
Roy James Estate
Charles Rawls & Associates
RECEIPT OF THE ABOVE NOTICE IS HEREBY ACKNOWLEDGED:
NC DIVISION OF COASTAL MANAGEMENT:
M
Authorized Representative
Date:
d:\share\dcb\letters\CAMA.no6

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19 / THIS DOCUMENT PRESENTED
eooK 1138 NAGE 169 TO TAX OFFICE a
DATT io-G T
Prepared By: Frances Y. Trask CRAWFORDCOWNS
Return to: JOHNSON 6 LAMBETH
L �. � • a�r baa � .-- _ -.....
�'. 9ez � 9yDL
STATE OF NORTH CAROLINA
TRUSTEE'S DEED
COUNTY OF ONSLOW
THIS DEED, made and entered into as of this the day of
October, 1993, by and between FRANCES Y. TRASK, Substitute Trustee,
of New Hanover County, North Carolina, party of the first part,
hereinafter referred to as "Substitute Trustee"; and V. GLENN AVERY
AND THE ESTATE OF ROY B. JAMES (GRADY WINDHAM, EXECUTOR) , having
and address of:
P.O. Box 4013, Wilmington, North Carolina 28406
party of the second part, hereinafter referred to as "Grantee".
The designation Substitute Trustee and Grantee as used herein shall
Include the parties, their heirs, successors and assigns, and shall
include singular, plural, masculine, feminine or neuter as required
by context.
W I T N E S E T H: `
THAT WHEREAS, TRI-STATE REALTY CORPORATION executed to W.
James Brandon, Trustee for the benefit of V. Glenn Avery and Roy B.
James, a deed of trust recorded in Book 977 at Page 42 in the
office of the Register of Deeds of Onslow County, North Carolina,
conveying its interest in the lands and premises hereinafter
described; and
�- WHEREAS, the indebtedness secured by said deed of trust being
r overdue and unpaid and the holder of said indebtedness having
a =R' substituted Frances Y. Trask as Substitute Trustee and having
z called upon the said Frances Y. Trask, to foreclose said deed of
0
trust; the said Frances Y. Trask, Substitute Trustee, after service
- of notice of hearing on all parties entitled thereto, after an
order permitting foreclosure entered by the Clerk of Superior Court
00 of Onslow County on July 20, 1993, after due advertisement as
required by law and the terms of the deed of trust and the notice
° of sale having been mailed to all parties entitled to such notice,
_ offered said land for sale on August 26, 1993 at 12:00 o'clock
�•� 'noon, when and where V. Glenn Avery and the Estate of Roy B. James
_�•"'•t'(Grady Windham, Executor) became the highest bidder at the price of
to One Hundred Ninety -Seven Thousand Three Hundred Eighty -Five and
67/100 Dollars, all of which will appear by reference to File No.
/ e .
93 SP 229 in the office of the Clerk of Superior Court of Onslow
County, North Carolina; and
r,
il o .`.. WHEREAS, a report of said sale was 'made to the Clerk of
U ' S't Superior Court on September 8, 1993 and said bid remained open for
•(' V'i more than ten (10) days and no advanced bid was made; and
i—
Ei' ...._Z_� NOW, THEREFORE, the said Frances Y. Trask, Substitute Trustee,
(1; o as aforesaid, in consideration of the premises and the sum of One
y Hundred Ninety -Seven Thousand Three Hundred Eighty -Five and 67/100
(y.•n y Dollars to her in hand paid, has bargained and sold, and by these
�'n m presents does bargain, sell and convey into the said party of the
Pgs� second part, its successors and assigns, the land sold as
g aforesaid, the same lying and being in the County of Onslow, State
of North Carolina, and more particularly described as follows:
PIC
STATE OF y��j��-^.^,C�
$TARPS: ATE O " LTATE �1�'L� STATE OF ■■■
NORTH cry NORTH C4R V.'/•fA NORTH cCl -.,,I 1C NORTI CA C I `
1394,00 urs rAx
\ r rAn
®jet OO.00 if *� �f 30.00 A S30`OOA
STATE OF ® 11 1OO•� .[f 1
WIGO.00
�c
fG s�iG.J

BOOK 1].3$phGE 1��
see Exhibit "A• attached hereto
and incorporated herein by reference
TO HAVE AND TO HOLD said lands and premises together with all
privileges and appurtenances thereunto belonging, or in anywise
appertaining to it, the Said party of the second part, and its
successors and assigns, in as full and ample a manner as the
Trustee has power to convey the Same, subject, however, to
outstanding taxes, assessments and restrictions of record
applicable to said property.
IN WITNESS WHEREOF, Frances Y. Trask, in her capacity as
Substitute Trustee, as above described, has duly executed this
Trustee's Deed and has adopted as her seal the typewritten word
"Seal" appearing beside her name, all as of the day and year first
above written.
SEAL)
FRANCES Y. T K
Substitute T 9tee
STATE OF NORTH CAROLINA
COUNTY OF OONNNSLOW,/ n /�
I, (,fiY%(� / X//X�. a Notary Public in and for the State
of North Carolina and County of New Hanover, do hereby certify that
Frances Y. Trask, Substitute Trustee, did this day personally
appear before me and acknowledge the due execution of the foregoing
instrument for the purposes therein expressed.
�ij �T�N)EaSS my hand and notarial Stamp or seal, this the day
of--�16�%=� , 1993.
t lr
SEAL) -
10Y.;NOTARY PUBLIC
compjdSion expires:
MOMUIOIDMO-Oaurtt Anita P. Dixon
►.ba. Y. (,.) ..,:ad r M ..+tet 716 „ Ism .. .W Iw iywu...d ,.mid u ,1n .GM I.
a+.i lli8 6 �, 6th•A'd October

BOOK 113 8 PhGE 171
EXH I l]; IT A
PA(cctl =
TRACT I
DEINC all of Lot 31In Dectton I of Vista Cay Subdivision
according to a map tl,nr ao( ...Ordad in Nap gook 14 at Vag.
]1 of the Onslow County Roglatry.
TRACT II
ALL of that cera !n tract or parcel of land designated "Tract
IV" nn Lhet certain plat captI nad of Plat (Vista Cey tract)
Property of, d en " es rat-Citice Bank 6 Trust Companyrecorded
In (lap Book 21 at Pago L7, Sllda D-75, In the office of the
Register— oC Onslow County.
Less and oacept that portion of said Tract IV heretofore
conveyed to Nilllum ►. Il,rdy, II et. al. by dead racordod In
Book 92o at I.Do LB] end to Ytlllem t. Hardy, II at, u , by
dead recorded In book 977 at Page 501 both oL the Onslow County
Re 81st rya
"Ill ACT I I I
All chat .arca In tract or Parcel of land designacad "Tract V" on chat
attain plat eaptlunad "Survey PLat (Vesta Cay Tract) Prapo reY of
P(raL-Cltlsens Bank 8 Truac Company" 1a recorded In NaD Dook 21 ac
Paga471 Sll_da 8-75, In the Of(lca of [he Resistor of Dead of Onslow
County.
TOGETHER WITH an casement for purposes of Ingress, egress and ragraas
to and from the ■CoresalJ tract& or parcel& of land from and to D.C.
S.R. ISO] over thu props r doacr lbed do [her certain Deed of Eaaomu nt
[coo Ilnnry 0. Bchlndo lar at, els. to ►lr&t-Cltt.ans lank 6 Trust
Company racordod In Book 594 at Page 61 to the Office of tho Register
Of Dao Js of Onslow County.
PARCEL �
TRACT 1
ALL that arealn tract or parcel of land daslsnaead " race IIS"
on that co rta to plat captioned "Burvay Plat (Vtaca Lay Trac
property of, ►lrac—Cltlaana Dank 6 Trust OompanY" es racordod
In IIs Q;Book 211 ae Peg e 47, Slide 5-7 in aha Office o[ the
Reals[ei o[ Llced� a1 OniloG County.
TRACT II
ALL rlghc, title, claim and Interest, It any, and Including any
and all roverslonsry rights or future Intern ts, In and to ao
ouch of
that tract or parcel of land purchased by benJamin
Ilasklns, father of Sadlo L. Russolf —d Kate Haskins Russell,
thoot; ola and only heir■ aL Ben3amin Nesktna, la t• oL the County
o! ow, from D. J. 6anJa n , lying on the aaund nos rly County
rllu
to Eastward o[ Bear Creak, 3olnins now or formerly the land[ of
D. J. Sante ra on the west and ■dJolning the lands now Cr forma rly
of R. Y, Froohvator un Cho North and Ra st and Loundod by thu w;,tu res
Of tho Sound on tho South as Ila. aouthwarlly, of N. C. S. R. 1503.
TOCETIIEp WIT11 an easement Lor purpo&•■ of Ingres a, agrees, and rc8ru:..
co end from CLe a[o raaalJ tract■ or parcel. 0f�land Crom nnJ co N. C.: .L.
1503 over Else property Juscrlbod to that curtain Jaed of na acm,rnL Cr.•.:
1lrury O. Schindclar r[ aln to ►1ra[ Cltlaana Bouk 8 Trust Camp.,uy
In Bauk 39i, Page 61s.0nalow County pc8lat n'.

I� BOOK 113 8 PAGE 172 -
Mail after recording to: JOHNSON L LAMBETH - Frances Y. Trask
P.O. Box 660, Wilmington,' TTCC28402.,
STATE OF NORTH CAROLINA
COUNTY OF ONSLOW
NOTICE OF FORECLOSURE
This Notice of Foreclosure is filed for recordation pursuant to the
provisions of G. S. 45-38.
GRANTOR: TRI-STATE REALTY CORPORATION
TRUSTEE: W. JAMES BRANDON
SUBSTITUTE
TRUSTEE: FRANCES Y. TRASK
BENEFICIARY: V. GLENN AVERY and ROY B. JAMES (Estate of Roy B.
James, Grady Windham, Executor, 93 E New
Hanover County) in the amount of $180,000.00
recorded -in Book 977 at Page 042, Onslow County
Registry
This the day of October, 1993.
Frances Y. TraRk, Trustee
JOHNSON b LAM TH
PO. Box 660
Wilmington, NC 28402
STATE OF NORTH CAROLINA
COUNTY OF NEW HANGOVER
I,/iJ/j/�/,(/� i� �/ eV 0-�j , a Notary Public in and for said
`
County and State, do hereby certify that Frances Y. Trask, Trustee,
being duly sworn, acknowledged the foregoing as a true statement of
facts.
WITNESS my hand and Notarial Seal; this the _[z_ day of
,' OCt'obeY'p; 1993.
'{l 0':'.;;•.•., _ �/,►i ,(✓ /X07
Notary Public
U� �c
My;.Commission Expires: JZ v 47
NJRTH CAROLINA, ONSI.OW OORi1Y.
The foregoing certificate of Anita P. Dixon
is / are certified to be correct. is instrument was present or registration
and recorded in this office in Book: 1138 , Page: 172 .
This 6th day of October , 1953 at 3:28 'clock P. M.
2 U
Mildred omas, Kegister of Deeds.

DAVID C. BAREFOOT
ATTORNEY AND COUNSELOR AT LAW
ELKS TEMPLE BUILDING
255 NORTH FRONT STREET
POST OFFICE BOX 1766
WILMINGTON, NORTH CAROLINA 28402
[phone] FAX [phone]
November 7, 1995
N. C. Division of Coastal Management
P. O. Box 769
Morehead City, NC 28557 CERTIFIED MAIL - RETURN RECEIPT REQUESTED
Re: Notice of Objections to Application of John Kitzmiller for
CAMA Minor Development Permit
Lot 7B, Vista Cay, Onslow County, NC
Dear Sirs:
This letter is in response to notice received on 11/1 /95 of application of John Kitzmiller for a
CAMA Minor Development Permit to build a pier across/through/over certain lands in Onslow
County conveyed to V. Glenn Avery and the Estate of Roy B. James (Grady Windham,
Executor) (the "Owners") by deed dated October 6, 1993, and recorded in Book 1 138 at Page
169 of the Onslow County Registry. (See copy of recorded plat and deed enclosed).
This is to advise that the Owners object to the issuance of a permit for construction of a pier
across/through/over their lands and demand that their riparian rights be protected by the denial
of this application.
Please acknowledge receipt of this Notice of Objections by signing and returning to the
undersigned a copy of this letter.
Notice of any further proceedings in this matter should be sent to the undersigned at the
above address.
ery truly yours,
A ID C. BAREFO ITW
Attorney for V. Glenn Avery and
The Estate of Roy B. James
(Grady Windham, Executor)
cc: V. Glenn Avery
Roy James Estate
Charles Rawls & Associates
RECEIPT OF THE ABOVE NOTICE IS HEREBY ACKNOWLEDGED:
NC DIVISION OF COASTAL MANAGEMENT:
0
Authorized Representative
Date:
d:\share\dcb\1etters\CAMA.no6

DAVID C. BAREFOOT
ATTORNEY AND COUNSELOR AT LAW
ELKS TEMPLE BUILDING
255 NORTH FRONT STREET
POST OFFICE BOX 1766
WILMINGTON, NORTH CAROLINA 28402
[phone] FAX [phone]
November 7, 1995
O
N O V 1 3 1995
IN�N�11r� �IIi1r�i11O1OM
N. C. Division of Coastal Management
P. O. Box 769
Morehead City, NC 28557 CERTIFIED MAIL - RETURN RECEIPT REQUESTED
Re: Notice of Objections to Application of John Kitzmiller for
CAMA Minor Development Permit
Lot 7B, Vista Cay, Onslow County, NC
Dear Sirs:
This letter is in response to notice received on 11/1/95 of application of John Kitzmiller for a
CAMA Minor Development Permit to build a pier across/through/over certain lands in Onslow
County conveyed to V. Glenn Avery and the Estate of Roy B. James (Grady Windham,
Executor) (the "Owners") by deed dated October 6, 1993, and recorded in Book 1 138 at Page
169 of the Onslow County Registry. (See copy of recorded plat and deed enclosed).
This is to advise that the Owners object to the issuance of a permit for construction of a pier
across/through/over their lands and demand that their riparian rights be protected by the denial
of this application.
Please acknowledge receipt of this Notice of Objections by signing and returning to the
undersigned a copy of this letter.
Notice of any further proceedings in this matter should be sent to the undersigned at the
above address.
erytruly yo rs,
/J
AV
II i C. BAREFO T
Attorney for V. Vlenn Avery and
The Estate of Roy B. James
(Grady Windham, Executor)
cc: V. Glenn Avery
Roy James Estate
Charles Rawls & Associates
RECEIPT OF THE ABOVE NOTICE IS HEREBY ACKNOWLEDGED:
NC DIVISION OF COASTAL MANAGEMENT:
Authorized Representative
Date:
d:\share\dcb\1etters\CAMA.no6

CERTEFEED NIAIL
RETURN RECEYPT RF -O JESTED
Tear V. Glenn Avety:
This letter is to notify you as an adjacent riparian landowner of Mr/Mrs
John Kitzmiller plans to construct a Private Dock. (See Attached
Cama Permit Application)
on their property located at Lot 7B, Vista Cay, Onslow County
in Hubert , NC. The sketch enclosed accurately depicts the
proposed construction.
Should you have no objections to this proposal, please check the statement below, sign
and date the blanks below the statement, and return this letter to:
Charles Rawls & Associates PO Box 1126 Swansboro, NC 28584
as soon as possible.
Should you have objections to this proposal, please send your written comments to the
N.C. Division of Coastal Management, P. O. Box 769, Morehead City, NC? 28557. Written
comments must be received within ten (10) days of receipt of this notice.
Failure to respond in either method within ten (10) days will be interpreted as no
objection.
Sincerely,
I have no objection to the project as presently proposed and hereby waive that
right of objection as provided in General Statute 113-229.
I have objections to the project as presently proposed and have enclosed
comments. —
�!
Signature
DATE:Of
/
TOTAL 0.©1

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• Cw M • Mf.I{ lnl.n CTn•t+ f.-
ct = eaa w ct] {r Its• ip
))• )f
VISTA CA M 100 R/W r �•�. t'� Tu Ia, r]i qKr iw.n w VISTi� n•Kr + 13^�
(9119{.►11 -91f n.►361 >•. nt.f] fvw 3.400w M[.� R r c['[ 90 [uc
Y+� w.,t Z w,r n.M >••4 lit. t] I)I.n 4•
---�� H4tiIr, Ll1ROR DA 4114. 0160 TRACT - I.IOD 4oIN y]t•ar Irt ,Ta •.
m.w]n.Z )n.t0 ^ TRACT Ii -1382401st ft ~['KF am.n er+a.• .fl
ml Iarr nrrrl I nT•fa•K[ I frnt► 1 fn•u•lrF nf•iv fr[ na. ir[ ]n.n alts mT*TT' i .n
SASWN � PRJJM 4LMOLER 8116na441•►Tae I tloav 1 Itr)r trl I nrir lrl tiro trF
0.11�D„
N3•/.S! 0.l WE. K7 I 444ER P. 77K I gD.44t)Di 4.4N0,P.259 nD. . ►47 I WATT 411477.1— mi I.EVR 44.lsLPTt
i .430 430
+ 911N� LA�19R.CERTIIr THAT TIJs r► 4V 411AM .MTX CAROLINA MSLa cM•• moor. ntfnLJSY rtm,l�, LtUM.. ,aL1VEY PLAT
f" .4SI•w►sr1 N.a so 4{4{tT I IM AID "faVISIM Mgr M A[rWK /�� 1) TRACT)
-p /�
%' 1 N•N r1•s {•w �4. I �� THAT TME [MM M fLs41a! AJ NL4► ELM. AAwyc.aJd NOTMr I\RJl ME fMEN1M tFsrIFICATE KJ1 J: (VISTA CAY IRAV I J
•" , owzw1 s).N 1i9� F LAT181413 AND DEPARTURES J. CERT1fI DARDEN 1J1111 ER PERS{IttLL[ Af►Wf' moTMI PI�R1L :5 CERTIFIED T{ 9! C{ EC' N
10.11 ►N•1 N.N [INT 194 �Ml[! rsr MNUE0 {FiME ■f r.J5 DATE AND ACKWOWLEDoss rtrl N' TRIS 14f 7st/pl• •115 •FRES ENTED IM s{{1ltAt •!0. 1�P[Rr' OFA
[• )N►M Ar N.•[ Lam; 1r• wr;a MP SAS MEP 1��11 F rJn ![ECl/TIW 9F THE FARE{91Mf CERiIII YT[ AND Rl GEMMSO -••. JS RESEN 1
• {—t>• �s $6.781 4.4,Mp N 4a>lra ]TMESAijr/, w[JtOFFJC
4!♦r K1 s4.N TK •• • L PAC• A70E 1 T 7
l.4r.. {PI a4 /1 SU4iM14E0 AND 3rORm $SPARE rE .RtJ � T„„ ; _ a; ,F „ -� _ a S T C I i N S BANK TRUST C 0 M
(( Ri w�so :s ,� w• sF�jR.:l ,,j�_},� Ar 4
! 4w w Lf w>. "r . • ! Y f11 h SUAN590RO TOWNSHIP. ONSLOW COUNTY, M.C.
t4a1J{SJ{N EXPIRES r
BARDEN LAN # ER , R.L.S.
tTW �w [+PM9w R9swRM r n.. trslw eourr. LANG SJRVEY]NG - LAJ9C PLANNING - COM►UTEF MAPP]N6
9 MM{�f
tt .s. � 239 NEa BRIDGE Sr. jAC'sE50NVILLE. N.C. 2054O
JDD N6. 1I7955 WANG fIL[ {H. 192355P
_—

ENT
eoaK 113 8 PAGE 16 THISTOT OMCE PRESENTED
9
DATE i�9L
_-- --
Prepared By: Frances Y. Trask CRAWFORDCOWNS
Return to: JOHNSON & LAMBETH
413
-----------------------------------------------------------------
p STATE OF NORTH CAROLINA
TRUSTEE'S DEED
COUNTY OF ONSLOW
THIS DEED, made and entered into as of this the day of
October, 1993, by and between FRANCES Y. TRASK, Substitute Trustee,
of New Hanover County, North Carolina, party of the first part,
hereinafter referred to as "Substitute Trustee"; and V. GLE,JN AVERY
AND THE ESTATE OF ROY B. JAMES (GRADY WINDHAM, EXECUTOR) , having
and address of:
P.O. Box 4013, Wilmington, North Carolina 28406
party of the second part, hereinafter referred to as "Grantee".
The designation Substitute Trustee and Grantee as used herein shall
include the parties, their heirs, successors and assigns, and shall
include singular, plural, masculine, feminine or neuter as required
by context.
W I T N E S E T H:
THAT WHEREAS, TRI-STATE REALTY CORPORATION executed to W.
James Brandon, Trustee for the benefit of V. Glenn Avery and Roy B.
James, a deed of trust recorded in Book 977 at Page 42 in the
office of the Register of Deeds of Onslow County, North Carolina,
conveying its interest in the lands and premises hereinafter
described; and
WHEREAS, the indebtedness secured by said deed of trust being
--� overdue and unpaid and the holder of said indebtedness having
substituted Frances Y. Trask as Substitute Trustee and having
ocalled upon the said Frances Y. Trask, to foreclose said deed of
trust; the said Frances Y. Trask, Substitute Trustee, after service
. = , of notice of hearing on all parties entitled thereto, after an
; order permitting foreclosure entered by the Clerk of Superior Court
w "oo of Onslow County on July 20, 1993, after due advertisement as
required by law and the terms of the deed of trust and the notice
° of sale having been mailed to all parties entitled to such notice,
offered said land for sale on August 26, 1993 at 12:00 o'clock
V noon, when and where V. Gle:in Avery and the Estate of Roy B. James
_-" (Grady Windham, Executor) became the highest bidder at the price of
~ to one Hundred Ninety -Seven Thousand Three Hundred Eighty -Five and
67/100 Dollars, all. of which will appear by reference to File No.
93 SP 229 in the office of the Clerk of Superior Court of Onslow
0 ;; ,,� ', County, North Carolina; and
�j 0 ;, WHEREAS, a report of said sale was made to the Clerk of
)i v Superior Court on September 8, 1993 and said bid remained open for
LE' Imore than ten (10) days and no advanced bid was made; and
Z NOW, THEREFORE, the said Frances Y. Trask, Substitute Trustee,
1; > o as aforesaid, in consideration of the premises and the sum of One
' XZ0 i{undred Ninety -Seven Thousand Three Hundred Eighty -Five and 67/100
(`� n� Dollars to her in hand paid, has bargained and sold, and by these
w yam presents does bargain, sell and convey into the said party of the
9 ^eq° second part, its successors and assigns, the land sold as
aforesaid, the same lying and being in the County of Onslow, State
D of North Carolina, and more particularly described as follows:
STAMPS: STATE OF 'LI "TATE p t! " STATE STATE OF
NORTH CA�
NORTH CQR�4J.J•A NORTH c f�l NORTH CAR�A
$39 +.00 R[Vl T[ R[A /TA TZ nZa'An R[�yCW AT[
l' L1�1
t c TAI QCI[[ TAX r ,�f.106 TAX y�[/ [ TAY
'FATE
f`� 1[ ` • r P 100.00 A ,100.00� 630.00 530.00
NORTH C qO , LO
RC l�� AR
!, [ TAX
100.00

f
BOOK 113 8 PAGE 170
See Exhibit "A" attached hereto
and incorporated herein by reference
TO HAVE AND TO HOLD said lands and premises together with all
privileges and appurtenances thereunto belonging, or in anywise
appertaining to it, the said party of the second part, and its
successors anet assigns, in as full and ample a manner as the
Trustee has power to convey the same, subject, however, to
outstanding taxes, assessments and restrictions of record
applicable to said property.
IN WITNESS WHEREOF, Frances Y. Trask, in her capacity as
Substitute Trustee, as above described, has duly executed this
Trustee's Deed and has adopted as her seal the typewritten word
"Seal" appearing beside her name, all as of the day and year first
above written.
of I
SEAL}
FRANCES Y, T K ,
Substitute T46stee
STATE OF NORTH CAROLINA
COUNTY OF OONNjSLOW
I, �i7ri�/• i kms. a Notary Public in and for the State
of North Carolina and County of New Hanover, do hereby certify that
Frances Y. Trask, Substitute Trustee, did this day personally
appear before me and acknowledge the due execution of the foregoing
instrument for the purposes therein expressed.
Sj TN)ESS my hand and notarial stamp or seal, this the 4� day
of 1993.
• � ••(S�'RFSP OR SEAL)-1`—L=v--�—
`�� NOTARY PUBLIC
e+ity,, commjssicn expires:
MOM CAROLMA' Omm Cam" Anita P. Dixon
n.w- om—da-wwa
N-76-) ra& Y (u.) Mti%d to be .L lu .n pre.."d fx re�ud reco.ded u tL'. eH4x Is
C..► 1198 6 �T, t � 0.t"Ute"v.tirer
e•etoel •
2

BOOK 113 8 PAGE 171
ExN I rr 1T A
Pfi(zc>;-L T
TRACT I
DEINC ell of Lot 31 1n Section 1 of Vista Cay Subdivision
according to a map tharaof recorded in Hap look 14 at Page
31 of the Onslow County Registry.
TRACT II
ALL of that cartaln tract or parcel of land designated "Tract
IV" on that certain plat captioned "Survey Plat (Vista Cay Tract)
Property of) First—Citizens lank b Trust Company" as recorded
In lice Dook 21 at pogo 47, Slide D-75, in the office of the
Register oo Deeds of Onslow County.
Lees and except that portion of amid Tract IV heretofore
convoyed to Hilliam F. Nat•dy, II at. al. by dead recorded in
Book 920 at Pena G83 and to William F. Hardy, I1 at. ex. by
dead recorded in book 937 at Page SOI both of the Onslow County
Registry.
TRAC'r I I 1
All chat certain tract or Parcel of land designated "Tract V" on chat
cortain plat captioned "Survey Plat (Vista Cay Tract) Proparcy of
First—Cltitans Batik & Trust Company" as recorded In Hap Dook 21 at
Paage471 Slide 5-75, In the Office of the Register of Dead of Onslow
County. —
TOGETHER WITH an easement for purposes of ingress, agresa and regro►s
to and from the aPoresald tracts or parcels of land from and to N.C.
S.R. 1503 over thu property described -in that certain Deed of Easamunt
from Ilenry 0. Schindolar at, ale. to First—Citisans Dank b Trust
Company recorded 1n Book 594 at Page 61 in the Office of the Ragistcc
of Douds of One lov County. .
PARCEL TT
TRACT I
ALL that certain tract or parcel of land designated " ract III, -
oil that cortain plat captioned "Survey Plat (Vista Cay Trac
property oft First—Citiaans Dank b Trust Company" as recorded
In 11ae Book 21l at Pugo 47, Slide D-75 In the Office of the
Resister of beads o1•06 ilo4 County.
TRACT II
ALL rigl.E, title, claim and interest, if any, and Including any
and all reversionary rights or future Interests, in and to so
Iauch of tlie t tract or parcel of land purchased by Uanjamin
Haskins. fathar of Sadla L. Russall.and Kate Haskins Ruesoll.
the to la and only lie ir■ of Denjamin Haskins, late of the County
of 0"alow, from D. J. Sandara, lying on the sound nearly ono wllu
to Eastward of Dear Crook, joining now or formerly Clio lands of
D. J. Sanders on the wort and adjoining the lands now or formerly
of R. W. Froullwater on the North and Bast and bounded by Chu w;,turu
of Cho Hound on tho Soutli as lice southwardly of N. C. S. R. 1507.
TOCETIIER WITII an aasemcit for purposes of ingress, e9re9a, and rcgru:..
to and from elle aforounid tracts or parcels OV land from and to
1503 over tho property described in the ccrt'aIn dead of 041oumu111
III•,ry I1. SchItitle lnr et aln to First Cltlsuns Dank d Trust Comp.uly
wc. a., A.... )..e rr.. uv u" recorded In Uuok 594, Page 61„Onslow County ReRlst rl•.

-J
BOOK 113 S PAGE 172
!Sail after recording to: JOHNSON i LAMBETH - Frances Y. Trask
P.O. Box 660, Wilmingt'an,', 1TC-78402,.
STATE OF NORTH CAROLINA
COUNTY OF ONSLOW
This Notice of Foreclosure is filed for recordation pursuant to the
provisions of G. S. 45-38.
GRANTOR: TRI-STATE REALTY CORPORATION
TRUSTEE: W. JAMES BRAND014
SUBSTITUTE
TRUSTEE: FRANCES Y. TRASK
BENEFICIARY: V. GLENN AVERY and ROY B. JAMES (Estate of Roy B.
James, Grady Windham, Executor, 93 E New
Hanover County) in the amount of $180,000.00
recorded -in Book 977 at Page 042, Onslow County
Registry
This the day of October, 1993.
Frances Y.Tra c, Trustee
JOHNSON 6 LAM TH
P.O. Box 660
Wilmington, NC 28402
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
T I, T
/ Off_, a Notary Public in and for said
County and State, do hereby certify that Frances Y. Trask, Trustee,
being duly sworn, acknowledged the foregoing as a true statement_ of
facts.
WITNESS my hand and Notarial Seal', this the day of
0;t'obeY;.,Q993.
0?,
�! ?� / 'Leg --7
Nota
p i Public
Mi'-Co-mmission Expires: )7 0'4'7
NOTMI CAROLINA, CNSLOW 01MY.
The foregoing certificate of Anita P. Dixon
is / are certified to be correct. its instrument was presented for registration
and recorded in this office in Book: 1138 , Page: 172 .
'Ibis 6th day of October , 1993 at 3:28 Q'%lock P.
��y-- �� ,yrt

N. BOYD TISDALE
TEL [phone] �'•
TaxLot?v`o..........................................
Verifiedby ...........................................
by
rIJIS DOCUMENT PRESENTED
f��L—
DATE �_ 1
CRAWFORD COLLINS 4
197 tm Y 1 l(1'1 11: 52
Rc-rdina T1111u. Book and Page
........... ... ...................... 11,11, Parcel Identifier No..................... .. ... ........... .... ...... 1111_............
............. I........ County oil tho ...... ..... .,... day of ............................ , ....... 1D
Mail after recordliig to MR. & MRS. N. BOYD TISDA.LE
... ......................... ....... . .....................
........ ..........................
2231 Warrenton Way, Jacksonville, NC 28546
.......
................... ............ .. 1111... .. .. .........
Thiq instrument wnN prepared by . NQRWOOD BOYD TISDALE, ATTORNEY AT LAW
............. ....
Brief description for the Indexv o'ay
f A ect, s a ay
NORTH CAROLINA. GENERAL WARRANTY DEED
THIS DEED made this ....98#.,. day of ...,,,,....APT4....................................... 14..9.5. , by and between
GRANTOR
ELOWYN K. ARKLAND
GRANTEE
NORWOOD BOYD TISDALE
and wife,
LAURIE G. TISDALE
Enter In apprupriate. block for etich party: name, address, and, If appropriate., character of entity, e,q. corporation or partnership.
The designation Crant.or alld Grantee as used herein Shall Include said parties, their heirs, succe$yflrs, and f1s.9igi a. alld
'ahall include singular, plural, masculine, feminine or neuter n.y required by context.
WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby
acknowledged, has rind by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that
,certain lot or pare• l of ]arid situated in the City of 1111..- - ----- --1111., .. ,,SwansUoro Township,
Onslow ..... Comity, North Carolina and more particularly dowribed as follows:
SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE AS IF FULLY
HEREIN SET OUT
1 �r7M
Wi
.�
OCT31i1'
�uu u
wMrYrr�rnrrr • rrrirwNiKINNf.

f lay . 25 ' 95 161: 35 N. BOY T I SDALE TEL [phone] F • `I
i
60,3K i 236pm 436
TRACT I
Beginning at an existing concrete monument, said concrete
monument being the Northwestern most corner of Lot 3A of Section
I of Vista Cay, a plat of which is recorded in Map Book 14, Page
31, Onslow County Registry and the Southwestern most corner of
Lot 4A of Section II Vista Cay subdivision, a plat of which is
recorded in Map Book 15, Page 36, reference to said plats being
made as if more particularly herein set forth. Thence from said
described point of beginning South 87 degrees 55 minutes 18
seconds East 212.93 feet and South 87 degrees 55 minutes 18
seconds East 113.39 feet to an existing concrete monument said
concrete monument being located at the Southeastern most corner
of Lot 5A and the Southwestern most corner of Lot 6A of Section
IT of the Vista Cay subdivision a plat of which is recorded in
Map Book 15 Page 36 Onslow County Registry; thence from said
existing concrete monument South 72 degrees 16 minutes 43
seconds West 113.21 feet to an existing concrete monument; thence
South 08 degrees 04 minutes 58 seconds East 290.87 feet to an
existing iron pipe; thence along and with the common boundary
line between Lot 1A and Lot 2A of Section I of the Vista Cay
subdivision North 51 degrees 47 minutes 00 seconds West 250.09
feet to a set iron stake being located in the right-of-way of
Harbour Drive; thence along and with said right-of-way along a
curve having as a radius 70 feet an arc distance of 62.44 feet
on a bearing of North 51 degrees 06 minutes 40 seconds West;
thence continuing with said right-of-way along the afore -
referenced curve an arc distance of 102.92 feet on a bearing of
North 84 degrees 14 minutes 30 seconds West to a set iron stake;
thence along and with the right-of-way of Harbor Drive North 01
degrees 00 minutes 00 seconds East 66.89 feet to an existing
concrete monument the point and place of beginning and being all
of Lot 2A and a portion of Lot 3A of Section I of the Vista Cay
subdivision, a plat of which is recorded in Map gook 14, Page 31,
Onslow County Registry.
TRACT. II
I
Being all of Lots 6A and 9A as shown on a plat entitled
"Vista Cay Subdivision, Section II" which plat is recorded in Map
Book 15, Page 36, Onslow County Registry, reference to which is
hereby made as though herein particularly set forth.
Beginning at an iron stake located at the Southwest corner
of Lot 5A, and shown on a Map entitled 'Nista Cay, Section II"
recorded in Map Book 15, Page 36, Onslow County Registry; said
iron stake being located along the Western Line of Lot 5A South
08 degrees 04 minutes 58 seconds East 228.82 feet from an iron
stake located in the Southern right-of-way of Harbor Drive; said
iron stake being located 888.87 feet from the Western right-of--
way of Vista Cay Drive when measured along the said Southern
right-of-way of Harbor Drive in a Westerly direction; thence from

mag , , 25 '95 16:39 fJ. EOYD T I SDALE TEL 91L�-346-1395
Bou 12 3 6 PAGE 437
F. 5
the described beginning and along the Southern line of Lots 5A
and 6A North 72 degrees 16 minutes 43 seconds East 213.41 feet to
an iron stake; thence South 18 degrees 13 minutes 00 seconds East
393.22 feet to a point in the edge of a marsh; thence along the
edge of the marsh South 74 degrees 18 minutes 18 seconds West
282.07 feet to a paint in the Shindelar line and the Western edge
of a 15 foot drainage easement; thence along the Shindelar line
and Lots 2A and a portion of 3A, as shown on a map entitled
"Vista Cay, Section I" and recorded in Map Book 14, Page 31,
Onslow County Registry, and the Western margin of a 15 foot
drainage and utility easement North 08 degrees 04 minutes 58
seconds West 388.72 feet to the point of beginning, containing
2.21 acres and being the same property described in a deed
recorded in Deed Book 480, Page 478, Onslow County Registry.

STATE OF .h f
NORTH CARO�OA' '. r !4
�• \�, IL
TAX
rr-O 00
Excise Tax 55"10
loox 694PAGE288 THis wsmnm
70 TAI( OFFIC% el
DATE_Z �Z rL((pp 192"
CAA6iQRCCF GOLUNS'4C,
.
hh •r�
OCT 3 1 1395
ijb�vzi�
rim Is Ty
Recording Time, Dook and PW
....... Parcel Identifier No.
.'Tax i;ot No................................................................:...................................,..................
::Verified by.................•..................................................... County on the ................ day of ........... .... ........
...........................
;.. • .
Mail atter recording to
Fcr
=X-.............................................-
.........................................
This instrument was Prepared ...by...ELLIS...H00PER,••WARLICK,_WATERS...&..MO.R. ...............
SrWt description for the Index
NORTH CAROLINA GENERAL WARRANTY DEED
;;•THIS DEED made this .13th..... day of Y
....•.........I., 10 1.84... , by and between
sm­
GRANTOR I GRANTEE
DORIS O. NICHOLS and husband,
ROBERT LEE NICHOLS
.-30-HN S. KITZMILLER, JR. and wife.
JUDITH F. KITZMILLER
ro riate block ter each Dr: na+ne, address, and. It appropriate, character of entity, e.o corporaUea er Darl�crahlD
Enter to •DD har
D -
The designation Grantor and Grantee as used herein. shall include said parties, their heirs, successors, and assigns, and
shall include iingular, plural, masculine, feminine or neuter as required by context.
It .rece
of which I
he
WITNESSET11,that
the
ait r, for
as valuLible docs ¢ranonsidera ii,�selaand conveyld by the Guntoethee.tGranteepin tee simple,salle/h�
h
acknowledged, by fSwans.bo.ro ....... Townphip,
r: certain lot or parcel of land situated in the City of .....
k
C� ....................Onslow • •••• County, North Carolina and more particularly described as fol olca:
r TRACT 1:
BEGINNING at an iron stake located at the southeast corner of Lot a BoA� 36s shown Onslow nla County
a
entitled, "Vista Cay, Section 11:, recorded In Map Book 15, g 9A south 38
de o
Registry, said Iron stake belns eastt225.0 feethfr mivanl igronin
stake Lloca ots ed Indthe southern
}. degrees 02 minutes 39 second
right of way of Harbour Drive, -said along int said sing louthern5right of way rof Harbougr Drive in
of Vista Cay Drive when measure gd along
a westerly direction:tion thence
linesouth18from hdegrees t13dm nU esnteast a462. 41 feet tto an Iron stake
Development Corpora thence along the mean
located -In the mean high water line of the intr'oa9llfeettt an iron stake; thence south
' high water line south 82 degrees 25 minutes west .
' 74 degrees 18 minutes 20 seconds west 160.82 feet to an Iron stpke, EZRA H. ARKLAND'S
corr.�r; thence along the said Arkland line north 18 degrees 13 minutes west aforesaid;
he e
N`;' an Iron stake located In the southern line of Lot GA, •as shown on the map aforesaid; t encs
-4" along .the said southern line of Lot 6A north 721degreees 16 minutes 43 seconds east 6.05
(Continued)
PM N.C. nor AHN. Iera+ No• 0 1 77
p„ -a by A,rwo,M .wA d., N.C. atl AaaciMba — IMI ... ..
a

- Bon 694Pace289
(Continued from Reverse)
Y. feet to an Iron stake, the southwest corner of Lot 7A, as shown on the map aforementloned;
i, thence along the southern line of Lot 7A south, 67 degrees II minutes .57 seconds west 129.73.
thence south 57 degrees .02
feet to an iron stake, the southwest corner of said Lot beginning, contain[
2.50 acres,
minutes • 11 seconds west 129.73 feet to' the point of beg 9
n Lanier, R.L.S., L1223, on July iq, 1977..
according to- survey made by Barde:.1
TRACT 11:
BEING all of Lots No. 7A and 8A as shown on that certain map entitled "Vista Cay, Section
II",.:recorded In Map Book 15, Page 36, Onslow County Registry.
Subject to restrictions appearing of record.
t
• Tw property hereinabove described was acquired by Grantor by Instrument recorded 1D .............. .....................
.........................................�.n.slow..Gounty..Regls.try...............................................,..........,...........................................
R. .•...
A map ahow(ng ap s the above described property is recorded In Plat Book .. page ....................
,�. ..
TO HAVE AND TO HOLD the afore or
said lot parcel of land and all privileges and appurtenances thereto belonring to
the Grantee In fee simple.
'�'• And;the Grantor covenants with the Grantee, that Grantor is seised of the premises In fee simple, hlle the rl.Xht to convey '
the same In fee simple, that title is marketable and free and gletar` 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.
t: followin exceptions:
�. Title to the property hereinabove described is subJect to the g
i;
IN
MtTxgss wx[aaor, the Greater has %situate Mt ►Ir Mand aae •Mal, As If cN/arale, We caaee� tMle tw�trr*•at u N �taN&t �
r•r/•e&l• aaaa• by Its dalr asthNlael afflcere And Its Mal to be berettate affixed'�Y au/Aullr lta DwN •f Dlr•t�ere. •NM 4Y Y
....................-tCars•::IA x:a.)' ^OIC OLS
.........
,
0/
........................... ... ... . . ,e LEE ... ............ .......... A ...(%9A4
BERT
" NICHOLS
t-...................•---•-_._..lreelaeat.
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a•; ATTRtITs U ...._....(1ILA94
...............•- lecretarr (Cor/.rate soap
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----------------------------------------
sit . W
s; ••r•t r (corporate Seat)
)

t
Ma V 25 ' 95 15:35 N. BOYD T I SDALE TEL �1t�—sue—J s4�
r. c
4T3 g
N. Boyd Tisdale, 400 NeW IPPA � P�"a�!ksonville , Forth Cyan of ' � l �
Mail To: — __.......,..._......_._._..... UCC ! FN I P717,1171 I D
This imirurnent was prepared by: N. Boyd Tisdale,
QUITCLAIM DEED—(210-1
Printed and for sale by lames Williams & Co., Inc., r IpTpt x 127, Yadk
STATE OF NORTH CAROLINA,._._......._.._Onslow ....._._................. ...•-. County.
CRAWFORD COLLINS
THIS Dur), Maili anal i ntered into this 28th day of April '19 95 , I)y and I)et\,,,een
of Cmslcnv County and State of North Carolina, hereinafter called (irintor, and
N09%TQM E arx3 wi fa, LAURIE G TISDAIF
of _onslow Cuunty and State of North Carolina, hereinafter called Grantee, whose perman(,n( rr4aiIIt' g address
is 400 New L'rid e Street, Jacksonville North Carol na 28540
WITNESSETH:
N
That said Grantor, for and in consideration of the sum of Ten Collars ($10.00) to him in hand paid, the receipt of which is hereby
acknowledged, 1)"Tremised and released and by these presants does ramise, release, conv(?y, and forever quitclaim unto the Grantee, hip heir.,
andior ;IjcC0: ;ors_)J1d assigns, all right, title, claim and interest of tho. C_iranlor in and to a certain lot or parcel of land lying and be..ing in
.IY7
36wansboro Township, CAn�l cw —..... County, North Carolina,
and more parlir.:uli described as follows:
SP—
Beginning at an iron stake located at the Southeast corner
of Lot 1A and the Southernmost Corner of Lot 2A of Vista Cay,
Section 1, as recorded in Map Book 14, Page 31, Onslow County
Registry; and running thence along the Schindelar line South 08
degrees 04 minutes 58 seconds etaet 97.85 feet to an iron stake
located in the marshlands, the Southeast corner of the Schindelar
property, the TRUE POINT OF BEGINNING; thence from the described
beginning and along the edge of the marsh and the Arkland line
North 74 degrees 18 minutes 18 seconds East 282.07 feet to a
point, the Southeast corner of the Arkland property; thence
leaving the Arkland corner South 18 degrees 13 minutes East
approximately 273.69 feet to a point in the Northern right--of--
way of the Intracoastal Waterway; thence along the said right -
of --way South 69 degrees 11 minutes West approximately 287.79 feet
to a point, Schindelar'$ corner; thence along the Schindelar line
North 18 degrees 04 minutes 58 seconds West approximately 298.94
feet to the point of beginning. Containing approximately 1.85
acres.
STAMPS:
$1.00
To have and to hold the aforesaid lot or parcel of land and all privileges lhorconto Ii(3lianging to him, the Grantee, his heirs and/or successors
and assipns, free and discharged from all right, title, claim or interest of the Grantor or anyone claiming by, through or under him.
. . - _. - . - .. _, ,., „ ,,,.t horoia, 0);411 inuluctN said ra:artiae. their heirs, successors, and assign.,, and shall include singular.

_._ .....__ •�WgcrArl}y needs
DEAR HAVEN DEVELOPMENT CORP. AND OTHER
t i
TO DEED
_ HENRY 0 SCHINDELAR, CHARLES Fi V�ri�3v'1iKrY may 31, 19�,.`�,..,rmtrr�r'rrr i'•.
STAT11 OF NORTH CAROLINA—Onat.otr Coom't
xad* this 25th w Of January, 1974 H
BEAR HAVEN DEVELOPMENT CORP., a North Carolina Corporation
at Do air and State of North Carort, Carolina of the Seat pato
Henry 0. Schindelar, Charles. H. Silver
1p+and W. David Pinsky, � !•
of County and state of Nbfl�l+. Lortfof the Mooed part:
WITNE85LTir.73x1 aid part y of the Slat part for and In coo•ldcatloo of 'fon ($10, 00) Doll are
and other nlvabla conslderatloaa, to it paid try add part ios
of tie wood part the receipt at which 1a hereby atkoowlednd. he Is bargnlsed gad sold, by tb000 peaoeal do Oe barauly, Ran aft MTh' to rid
Twwwaht>t
part Teti of tie ascent Dart their heirs ane awisu a ertaln tract a palest ot 1d to SRanebOI'O
oaatrw County, state of North Carolina. Iwvaded an follows, As:
Doing all of Lote 1 and IA Its shown on that certain map ontitlod "Vista Car
Section III which map was prepared by Barden Lanior, R.L.8., is datod Septembernd to , }r
1973, and is,recorded in Map Book 14, Page 31, Onslow County Registry,
which map reference is hereby made for a fullor and more accurate description.. t'
• P.7
Subject to restrictive covenants recorded in Book 434, Page 807, Onslow
County Registry.
a.
Lauf ,
,�r."e++errrrror • r u..".4iW019
TO )IAVZ AND TO ISOLD the aforosald tract or parcel of land, and all pr1r119994 lad appart+naacoa balancing to said part 108
of tie '
seeond part their hairs gad aaalens In tea dmpIc forerar and
And the laid partyof the first part for itself , its successorfOelra, "air"- executors and administrator+, oor•naut
wllh acid part iOS of the second peft their heirs and aselgna, that it is seized of said premleee In fee, and bare the right to reeler
i
the same In I—Imple; that the same are free and clear from all ancombracer.
and tlrrt-. it will warrant and defend the said t t1. to the same acaln�t 1ha 1 wfal claims eat +II p.rOanq O n8^1a n"a in its i
{�pg cause❑e tt lie �nstrumonG L U 1
IN TESTIDIONY WHEREOF. The said part y of the first part Ir.e•Ler+.oeo-«t-•----'—'h"d^^t"'�"W`rM++d's�` 't'°'r"T ee+'
corporate name by its President, attested to by its Assistant Secretary and has caused
its corporate seal to be hereto affixed, all by authority of its Board o1 Direct0%CA1.) t;
duly given, the day and year first above written.
STAMPED AND CANCELLED BY:
HAVEN DEVELOPMENT CORP (SMAI.)
IIY: Thomas H. Roach
"REV. STAMPS AFFIXED" $28.50 Provident -
(SEAL)
A.
D. B. Hurst (ssAL)
Attsal: .. —........ ........ .......... ... _...... ..._. •r
1 1•
NORTH CAROLINA. l , Notary Public
j) t.
Oneln. County 1
1a and tnr said County and Stale do hereby certify that t'
to personally appeared before me this day and aeltnowiedced the execution of
t
The ferrxofne deed of conrgance. _
tt•Ilnne my band and notarial seed this
day of 1/
Dir rnmmisloo exptree day of , 11
fRRA1,1
N. P. Real
NORTH CAROLINA. Onslow Coantl
]1 peroona117 came before ma
This day of
.bre. belag by me duly sworn, ■ays that be Is of the
and ration. and that said filmed
_
and that the ant sfilxtd to the forsrp
colnc Instrument In wrltlag la the corporate Real of @aid cooacknowtedgedthewrt
said tlnx lie i
him to behalf of old corporation by Ila authority dnlr toren. Aad the Bald .1
be the art and deed of Mid corporation.
Wltneee my hand and Official Red this day of , if
.1
N. P. seal fRt{Al.l
M7 C,,mmfalon rxnlre•
NORTIt CAftOI.INA. ...._..___....�_ It certified
The foregoing cuttlfirite ef...... Dol).y_5..�]alien._.....__�___......._..__......
On+lea•" County '
to 1» correct. T3fe lnatram•ot we pr 28t3 for ngfatraUon this day and boor Lad duty reoorded to the om d the Resister of Deeds of Ooslow C0vnly
N. C. In B.ok.._..._�.43._., Pug...—.--_...__.
Tata ....._31..._._._._ day °f —----y!a3 ..` -- L D. If_ 74 at . 4 edit«1
MILDRED 3L THOMAS
---- __ ..._._._._ .......
. Recl•ur of Deeds. ,
d*A— 1
t

2Z, 2-1 6, 78 SF
r
BOOK NAGE 34 /7,
Prepared by: FRANK W. ERWIN, ATTORNEY
P. O. BOX 7206 1994 JP,11 21 NA 9' 44
Jacksonville, N.C. 28540
NORTH CAROLINA
BOUNDARY LINE AGREEMENT
ONSLOW COUNTY
This Boundary Line Agreement, made this thec" lay of JANUARY, 1994, by and
between JOHN S. KITZMILLER AND WIFE JUDITH F. KITZMILLER, of ONSLOW
County, North Carolina (hereinafter referred to as "KITZMILLER"); and ELOWYN K.
ARKLANDofONSLOWCounty, North Carolina(hereinafterreferredtoas"ARKLAND");
WITNESSETH:
THAT WHEREAS, the parties hereto are owners of adjoining land situated in
SWANSBORO Township, ONSLOW County, North Carolina, the lands of KITZMILLER
being described in a Deed recorded in Book 802, Page 846, and Book 1007, Page 590, Onslow
County Registry; and the lands of ARKLAND being described in a Deed recorded in Book
443, Page 143, and Book 480, page 478, Onslow County Registry;
AND WHEREAS, question has arisen concerning the dividing line and boundary line
between the property of the parties hereto;
AND WHEREAS, it is the desire and intention of the parties hereto to ascertain, fix and
establish the boundary line between their said properties;
NOW, THEREFORE, the parties hereto in consideration of the premises, mutual
promises contained herein and other, good and valuable considerations, do hereby covenant
and agree that the boundary line between their said property shall be as follows:
Beginning at an existing concrete monument located on the eastern right of way
of Harbour Drive, 60 foot right of way, said monument also being the
southwesternmost corner of lot 4A, Section I, Vista Cay, as shown on Map
Book 14, page 31, Onslow County; thence N 87 degrees 57 minutes 06 seconds
W 212.94 feet to an existing concrete monument, said concrete monument being
the southeasternmost corner of lot 5A, Section II, Vista Cay, as shown on Map
Book 15, page 36, Onslow County Registry, all as shown on that new plat
entitled "Lot Recombination for John S. Kitzmillter and wife Judith F.
Kitzmiller and Elowyn K. Arkland" and recorded in Map Book 30, page 93,
Onslow County Registry.
' ORIGINAL<
0

It is mutually understood and agreed by and between the parties hereto that the line
hereinabove fixed shall be the SOUTHERN lot line of the property of KITZMILLER and the
NORTHERN lot line of ARKLAND, and the dividing and boundary line as between the said
parties, and that KITZMILLER does hereby bargain, sell and convey unto the said
ARKLAND all of the land in which they have any interest whatsoever lying SOUTH of said
line; and the said ARKLAND do hereby bargain, sell and convey unto the said KITZMILLER
all of the land in which they have any interest lying NORTH of said line;
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals,
or if corporate, have caused this instrument to be executed in its corporate name by is
President, attested by its Secretary and its corporate seal hereto affixed, all by order of the
Board of Directors, first duly given.
JOHNS. KITZMILLER
Z` (SEAL)
J ITH F. KITZMIL R
,„
L . ' (SEAL)
J �
ELOWYN 16ARKLAND
NORTH CAROLINA
COUNTY OF ONSLOW
�,-T-',
I,C1L a Notary Public of the County and State aforesaid, certify that JOHN
S. KITZMILLER AND WIFE JUDITH F. KITZMILLER personally appeared before me
this day and acknowledged the execution of the foregoing instrument.
Witness my hand and official stamp or seal, this3CNay of JANUARY, 1994.
My commission expires:
2
NOTARY _
PUBLIC ?
01.
2
,,Oh, COU1f`-%%

,Ye'`SWtnry, iT
LlR 2 3 19%,State of North Carolina
`
MICHAEL F. EASLEY Department of Justice .............
ATTORNEY GENERAL P. O. BOX 629
RALEIGH
27602-0629
MEMORANDUM
TO: Charles Jones, DCM District Manager
FROM: Amy Gillespie Ill
DATE: April 17, 1996 U
RE: Ownership of Land in Vista Cay Development, Onslow County
This memorandum is in response to your question regarding ownership of property
located at the Vista Cay development, Onslow County, adjacent to the Intracoastal Waterway.
It is my understanding that Mr. John Kitzmiller has applied for a CAMA permit to
construct a pier over marshland adjacent to his upland property at Lot 713 in the Vista Cay
development in Onslow County. Mr. Glen Avery, the adjacent upland property owner, submitted
a letter objecting to the project on the grounds that he, Mr. Avery, was the rightful owner of the
property over which the pier would be placed.
The property in question lies in the Intracoastal Waterway, the bed of which is owned by
the State. Under North Carolina General Statute § 113-205, anyone claiming an ownership
interest in the bed lying under navigable waters of any coastal county of North Carolina would
have had to have registered the claim with the State by January 1, 1970. Unregistered rights and
titles are null and void. State records reflect that no such private claim has been registered for
this property. Thus, by operation of G.S. § 113-205, title to this land rests in the State. R.JR
Technical Co. v. Pratt, 339 N.C. 588, 453 S.E.2d 147 (1995).
Furthermore, a title search of Mr. Kitzmiller's and Mr. Avery's upland property has
shown that a previously issued and recorded deed from Mr. Avery's predecessor in title purported
to convey the marshland at issue to Mr. Kitzmiller's predecessor in title. Thus, even if Mr.
Avery's claim had not been voided by operation of G. S. § 113-205, Mr. Avery would not have
title.
Please do not hesitate to contact me if I can be of further assistance.
An Equal Opportunity / Affirmative Action Employer

RPR -17-1996 08:01 FROM TO PRES PATE P.01
State of North Carolina
MICHAEL F. EASLEY Department Of Justice
ATTORNEY GENERAL P. 0. BOX 629
RALEIGH
MEMORANDUM i 0A CO"
i
TO: Charles Janes, DCM District Manager
FROM: Amy Gillespie Illy
DATE: April 17,1996
RE: Ownership of Land in Vista Cay Development, Onslow County
This memorandum is in response to your question regarding ownership of property
located at the Vista Cay development, Onslow County, adjacerd to the Intracoastal waterway.
It is my understanding that Mr. John Kitzmilber has applied for a LAMA permit to
construct a pier over marshland adjacent to his upland property at Lot 7$ in the Vista Cay
development in Onslow County. Mr. Glen Avery, the adjacent upland property owner, submitted
a letter objecting to the project on the grounds that he, Mr. Avery, was the rightful owner of the
property over which the pier would be placed.
The property in question lies in the Intracoastal waterway, the bed of which is owned by
the State. Under North Carolina General Statute § 113-205, anyone claiming an ownership
interest in the bed lying under navigable water, of any coastal county of North Carolina would
have had to have registered the claim with the State by January 1, 1974. Unregistered rights and
titles are null and void. State records reflect that no such private claim has been registered for
this property. Thus, by operation of G.S. § 113-205, title to this land rests in the State. R.JR
Technical Co, v Pratt, 339 N.C. 588, 453 S.E.2d 147 (1995).
Furthermore, a title search of Mr. Kitzmillees and Mr. Avery's upland property has
shown that a previously issued and recorded deed from Mr. Avery's predecessor in title purported
to convey the marshland at issue to Mr. Kitmiiller's predecessor in tale. Thus, even if Mr.
Avery's claim had not been voided by operation of G.S. § 113-205, Mr. Avery would not have
title.
Please do not hesitate to contact me if 1 can be of further assistance.
An pqual oppmtuntty f Affirmative Action EMPIOyer
TOTAL P.01
msm,

TO : MOREHEAD _
APR -29-'96 MON 15:05 ID: TEL NO: It987 P01
Preliminary Schedule for lir. Stan Wilson Visit to North Carolina Coast
T Wednesday, May 1:
-Dr. Wilson to New Bern Airport arrival 9:55am-Pick up by Schecter
-11:OOam Coastal Federation, Todd Miller in Newport
public interest group, coastal isues and concerns, grass roots orgamin
Noon; lunch in Beaufort with DCM Field Office Management
operations of district GeM staff on regulatory and planning fanctiofW
_ 1:0()pm Carteret County GIS Application, Dianna Talton
local application of GIS for problem solving, planning, citizen access
-2:00pm Bud Cross, NMF
SAV projects, related research
'-3:00pm Bruce Freeman, Director NC Division of Marine Fisheries
agcn4y responsibilities, current issues, moratorium, habitat
-4;OOpm overflight of Beaufort/Morehead City coast and estuaries
barrier island development, port, national seashore, Newport esturary
-overnight at Beaufort Inn
Thursday, May 2;
-Drive to Wilmington (90 miles)
-9:30am UNC -W, Center for Marine Sciences, Dean Marvin Mors, Center Dir Jim Merritt,
NC Esturine. Reserve Mgr John Taggart
CMRS research, integration with NC Reserve, NURC program
- 10:30am NC Coastal and Estuarine Reserve Program Offices, Steve Ross
research facility and current projects, future UNC Marine Science Centel
Loon Lunch at Reserve
-1:00prn Wilwington District COE Office, Ed Shuford Deputy Director
state/COE joint permitting, wetlands regulation/ restoration, consistency, shore erosion
-2:00pm joined by NC State Ports Authority, Jack Wilson
port expansion, harbor channel deepening, spoil disposal
- possible tour of Cape Fear River project site
-PM drive to Raleigh (125 miles), overnight Holiday Inn Downtown
"day, May 3
-8.30am DEHN'R Secretary Jon How cs
coastal issues, policies, futures
-9:30am Division of Coastal Management Staff --Demonstration of GIS applications and Wetlands
Restoration efforts
GIS Strategic Plan, ecosystem basiWwatersheds, database and usedusers, local land use
plans, integretion with agencies, GPS permit data, wetlands mapping innovations,
Wetland Restoration Program
-Dr. Wilson to RDU Airport

SENDER:
4
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I also wish to receive the
■Complete items 3, 4a, and 4b.
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■ Print your name and address on the reverse of this form so that we can return this
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1. El Addressee's Address
permit.
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7B
Form DCM-MP4
STRUCTURES
(Construction within Public Trust Areas)
Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-I. Be sure to complete all
other sections of the Joint Application which relate to
this proposed project.
a. Dock(s) and/or Pier(s)
(1) _ Commercial _Community X Private
(2) Number 1
(3) Length 390
'
(4) Width 6 '
(5) Finger Piers Yes X No
(i) Number
(ii) Length
(iii) Width
(6) Platform(s) X Yes No
(i) Number 1
(ii) Length 25 '
(iii) Width 10'
(7) Number of slips proposed 2
(8) Proximity of structure to adjacent riparian
property lines 13 ' & 13'
(9) Width of water body 3 5 0 ' t
(10) Water depth at waterward end of pier at
MLW or NWL 2. 0' @ MLW
b. Boathouse (including covered lifts)
(1) Commercial Private
(2) Length
(3) Width
c. Groin (e.g. wood, sheetpile, etc.)
(1) Number
(2) Length(s)
d. Breakwater (e.g. wood, sheetpile, etc.)
(1) Length
(2) Average distance from MHW, NWL or
wetlands
(3) Maximum distance beyond MHW, NWL or
wetlands
Revised 03/95
e. Mooring buoys
(1) _ Commercial _Community _ Private
(2) Number
(3) Description of buoy
(Color, inscription, size, anchor, etc.)
(4)
(5)
Width of water body _
Distance buoy(s) to
shoreline
be placed beyond
f. Mooring structure (boatlift, mooring pilings, etc.)
(1) _ Commercial _Community _ Private
(2) Number
(3) Length
(4) Width
g. Other (Give complete description)
Applicant or Project Name
Signature
Date

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-,24 INTRACOASTAL WATERWAY
MIDSEP- MID JAN
A-411--ONSLOW CO., NORTH CAROLINA
34
37 40
27
36
43
VICINITY MAP

■..c ^^.w- -M I (S��X riv�5�� �.C3V TMS PRESENTEE
STATE OF � 70 thl(OFFIC
NORTH CARO I} A �
i{ fDATC__.i. j
1 ��•;i r�7 R ,i:� ; «. ., GnnhtU- G6t65N* Lam•
laceW TaxS rt�0 Racordlng Time, Look and Paso
r
� Wt No...,.i ,.r;�•.............'............................................. I1arcel ld}ntlAtr No...............................
.................. ..................... ..... County on the .. 0AY of , ...... ..
,i..«...,,..,,. r .,.......... .....................
........ ...... . ................. ...................................................I� L{'.r
Mau. aft" rofrrllnrK to •11K*�a...�... F �Y�iiR�1�i� �1., T�'�t++�j..�.. I le'1'1 (rC1 , F tin i; Fx
....... n i
.... .......... ............................. ..... .
Iaatrrlla"ptwpa prepend by—ELLIS...H00PER...WARLIC k,..WAT.ERS..&..MORGAN..,....., �
; t 4"ariptlr41p twr the Inde& --
,.....,.,'.`:.,'NORTH CAROLINA GENERA.,` WARRA.N`x'Y DEED
'.:
'l<'Dila DY.YD Hada this 13th..... day of ... May ............................................... 10, 84... , by and between
GRANTQIi Glt!►N rt;E
DORIS O. NICHOLS and husband.JGHN S. KITZMILLER, JR. and wife,
ERT LEE NICHQL5 "JUDITH F. KITZMILLER
1AV-'.XqKar W p#Vroprlislie Mack rK each Wtr: oase, addre". &PA. It aYDIeMlate, 9";A9tW ar eallty, C1 corpef&ller er ➢ai teKflalP
{':1'bs deafsnatlon Grantor and Grantee as used Herein &hull include said parties, their heirs,
successors, Ynd asaiYne, a,ld
ll 114C1p1I4 eipRular, plural, masculine, feminine or neuter as required 4Y cl nlext.
; W1ThI,l;:USTIi. that the Grantor, for a valuawa considerution paid by the Grantee. the receipt of which Is hereby
.�ylv►owledegd, h" and by these presents does grant, barguin, sell r�td eOnve9 unw the Grantee In ;" :li.t
sllnp�c, a►I
Tow -hip,
ti'':.. _... ....
I kee"is lot or Parcel of land situated in the City of ............... I ...... I...... ............. , .$wa,nsk►�.!'Q
11 0nflpW.. .......... County, North Carolina and more particularly descril ed as fullo�ca:
1ti 1'1 , Y
TRACT 1:
i ' : •II3F.GINNI,MG at an Iron stake located at the southeast corner o f Lot BA, as shown on a map
Paco 36,Onslow. County
•'antitl+K,I,-• I' "Vista Cay, Section 1 t : , recorded In Map Rook 1 L , ,3
kl�.�.Reg�stry, 'Enid Iron stake being located along the dividing lend of Lots BA and 9A south 3si
..
;t� '.degrA4tt .02 minutes 39 seconds cast 225.0 feat from an Iron st.lke located In the southern
'fl":right aid point being located 527. G2 feet from the right of way
ng the said southern right •3f way of Harbour 0i
VIsx�I Cay Drive when measured aloin
of way of Harbour Drive, -s
Ia�tAr.la woste ly direction: thence from the described beginning a. id along the Bear Haven
uth 18 degrees 13 minutes east 462.41 feet to an iron stdku
Dovelotw►plsrlt Corporation tins so
In the mean high water line of th-ti Intracoastal Yat©rwz y; :banes along i zo
re south 02 degrees 25 minutes west 101.91 ft;et to ow 1 trop stake; tttt ncu -oath
high w#tor line
S1lIPgMes, 1S minuted 20 soconcls wast 160. u2 fee► to an Iron cti ice, EZ(tA H. AfZKLAtdD
vY cprr.ar,, thence along the said Arkland Ilnu north 19 degrees 13 minute" weft 393.22 foe= to
H?0 "
ilk: an Irari stake located In the southern ling of Lot trA, •ase shown on the map aforesaid; then'Le
mlpnQ ,M, >Foutharn lino of t�,t 6A Horth 73 ?dreeey 16 mtnul u>1 43 ss+cortds east 6.05
(Continued)
J' N.C. Mf A446/• ratio "I" 3A 0.11111
W Aera,.ba

buoK 694" oon
(eon
OWW fro Reverse)
fast tq an lr9n stake, the southwest cornor of trot 7A, as Shown on the M*pAkforemntlon6d;
rn line of Lot 7A "Uth 67 Clegrees 11 minutes 5A Soconds west 129.73
thiance'-pkxV the south# the southwest oDrnerI I QU *old Lot SA: thence sWtW$7 degrett-:5 0
feet'.to,an Iron stake, ng r
�Yl 11 second* west 129.73 feet to' the''PeZrO of
2.54 acrax.
to survey "do by B&rden Lanier, 1.1223, on July
T
o, 7A and SA at shown on-thpt Certain map entitled �.Vlqta.CSY,
Section
BEING ".41.1 of Lotp N
egistry.
36a, OnsloW .9y
in map k 15, P1,96
Boo
rQ*.t,r1Ctlqn% appearing of record, .'Y
Y
.A
............................
TUN P"Porty hereja*bIeve deeeribed was acquired by CrAntat OY 1kPAt!4m6ftt f%c*rd*4 It
............ ...................
io
I. ....Rvplstt;y I. ........... .........
............. ....................... ..........
b
A sowiss tb* above 4WrjV#d property rocordedl in riot 1[look .... ............... PASS ..........
'A btlonging
or parcel of IAWI and all PrIVA4944 and 1kPPUr4'%4WA"
TO HAVC AND TO HOLD �hd aforesaid lot
tha
goven"tS, with the Grantee. that Grantor Is 1141"4 qf the pramisee In :fat simple.: hA* tits rlght W curiveY
isiblig and frise and clowr'of all gincumbromces. &%ad tlrag*t-�Grantur will wag -carat
t1he "VW in faq simple. that title is marke xcept for the *x;*P�19AN h4r0l"Aftr stated.
&nA(4*f#s4-tha title alrainst the lawful claims Of All parsons wheams"ver s
011.
Titj4'rty horelap,0vdescribtd is
#Ubj0" LU t11*LfQIlQWl1# **captions:#jtprqpv
v.)A
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JOA
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kv CHOLS
51�-RT UE NICHOLS
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Bou 113 8 PAGE 169
Prepared By: Frances Y. Trask
Return to: JOHNSON & LAMBETH
P Ir. • C3vy G e6
�< h IV -6 -Ile
THIS DOCIlk1ENT FRESENIED
TO TAX OFFICE 3
DATE_1rf, CRAWFORD COWNS
-------------------- --------- -----------�/..1�Y�Ml.T T./w7s.+AIRA afIf.. /IMP ------
STATE OF NORTH CAROLINA
TRUSTEE'S DEED
COUNTY OF ONSLOW
THIS DEED, made and entered into as of this the 1 day of
October, 1993, by and between FRANCES Y. TRASK, Substitute Trustee,
of New Hanover County, North Carolina, party of the first part,
hereinafter referred to as "Substitute Trustee"; and V. GLENN AVERY
AND THE ESTATE OF ROY B. JAMES (GRADY WINDHAM, EXECUTOR) , having
and address of:
P.O. Box 4013, Wilmington, North Carolina 28406
party of the second part, hereinafter referred to as "Grantee".
The designation Substitute Trustee and Grantee as used herein shall
include the parties, their heirs, successors and assigns, and shall
include singular, plural, masculine, feminine or neuter as required
by context.
W I T N E S E T H:
THAT WHEREAS, TRI-STATE REALTY CORPORATION executed to W.
James Brandon, Trustee for the benefit of V. Glenn Avery and Roy B.
James, a deed of trust recorded in Book 977 at Page 42 in the
office of the Register of Deeds of Onslow County, North Carolina,
conveying its interest in the lands and premises hereinafter
described; and
WHEREAS, the indebtedness secured by said deed of trust being
° ,overdue and unpaid and the holder of said indebtedness having
substituted Frances Y. Trask as Substitute Trustee and having
o called upon the said Frances Y. Trask, to foreclose said deed of
i �, trust; the said Frances Y. Trask, Substitute Trustee, after service
of notice of hearing on all parties entitled thereto, after an
order permitting foreclosure entered by the Clerk of Superior Court
0 of Onslow County on July 20, 1993, after due advertisement as
�required by law and the terms of the deed of trust and the notice
�
x of sale having been mailed to all parties entitled to such notice,
offered said land for sale on August 26, 1993 at 12:00 o'clock
_ noon, when and where V. Glenn Avery and the Estate of Roy B. James
(Grady Windham, Executor) became the highest bidder at the price of
�I z .One Hundred Ninety -Seven Seven Thousand Three Hundred Eighty -Five and
t 0 Y'
67/100 Dollars, all of which will appear by reference to File No.
�-' 93 SP 229 in the office of the Clerk of Superior Court of Onslow
County, North Carolina; and
t � o
WHEREAS, a report of said sale was made to the Clerk of
ox' Superior Court on September 8, 1993 and said bid remained open for
�A f more than ten (10) days and no advanced bid was made; and
Z NOW, THEREFORE, the said Frances Y. Trask, Substitute Trustee,
as aforesaid, in consideration of the premises and the sum of One
.Hundred Ninety -Seven Thousand Three Hundred Eighty -Five and 67/100
>i Dollars to her in hand paid, has bargained and sold, and by these
w > presents does bargain, sell and convey into the said party of the
o A ° second part, its successors and assigns, the land sold as
aforesaid, the same lying and being in the County of Onslow, State
of North Carolina, and more particularly described as follows:
�,,rd»a�aao
STAMPS : STATE OF • STATE O STATE FSTIA
NORTH CAR NORTH CQRt NORTH CpttlnTA CA
539 +.00 i�CMtT[ Rr[/iiTRiTl °ATATE
[ TAX �G1[[ TAX - �`Tr 4. F*f.106 TAX TAX
STATE OF iJ 00.00 \y 100.00 "''' �v�30.00 30.00
NORTH EpaV:1 .+'
ATT),[ TAX

BOOK 1.13 8 nn 170
See Exhibit ",A" attached hereto
and incorporated herein by reference
TO HAVE AND To HOLD said lands and premises together with all
privileges and appurtenances thereunto belonging, or in anywise
appertaining to it, the said party of the second part, and its
successors and assigns, in as full and ample a manner as this
Trustee has power to convey the sane, subject, however, to
outstanding taxes, assessments and restrictions of record
applicable to said property.
IN WITNESS WHEREOF, Frances Y. Trask, in her capacity as
Substitute Trustee, as above described, has duly executer this
Trustee's Deed and has adopted as her seal the tyTewritten word
"Seal" appearing beside her name, all as of the day and year first
above written.
SEAL)
FRANCES Y. TRAKK
Substitute T stee
STATE OF NORTH CAROLINA
COUNTY OF ONSLOW
a Notary Public in and for the State
of North Carolina and Countv of New Hanover, do hereby certify that
Frances Y. Trask, Substitute Trustee, did this day personally
appear before me and acknowledge the due execution of the foregoing
instrument for the purposes therein expressed.
WiTN�SS my hand and notarial stamp or seal, this t1he _� dale
of �'f r2 , 1993.
[STALMP OR SEAL] .
ci c:.. -.
1.14y, commjssion expires:
NOTARY PUBLIC
KOM CAROLn% ONIWV Comm
nW fftngiD4 07rif,.t.u)1 Anita P. Dixon
Hoemr7(iew) pu6?ic is (nre) cutir'Nd a rues. This tarnptint res prcxeud forre ttiiart yea rtco d ib this owbro to
Eike 113$ p.F 769 �;, bt:h d" of Oct
p.
lipr� i A1� Gaay
_,JI.,•wd. � � owv
2

BOOK 1138PArE 17
E x H 1 a 1-r- A ..
PHfZCt L M
TRACT I
BEING ell of. Lot 31 in Section 1 of Vista Cay Subdivision
according to a map thoraof recorded in flap Book la at Page
31 of tl►e Onslow County Registry.
TRACT II
ALL of that certain tract or parcel of land designated "Tract
IV" on that certain plat captioned "Survey Plat (Vista CayTract)Property oft First -Citizens Bank 3 Trust Company" as recorded
In 11o�Book 21 at Palo 47, Slide B-75, in the offica of the
RegisterOE Deeds of Onslow County.
Leas and oxcept that portion of taid Tract IV heretofore
convoyed to William F. (lardy, II at. al. by dead recordad in
Book 928 at Page 603 and to William F. Hardy, Ib at. ux. by
deed recorded in [look 937 at Page 501 both of the Onslow County
Registry.
TRACT I I 1
All that certain tract or Parce! of land designated "Tract V" on shut
curtain plat captiunod "Survey Plat (Vista Coy Tract) Property of
First -Citizens Batik & Trust Company" an racorded in Hap IIook 21 at
Page47? Slide 8-75, in the Office of the Register of Dead of Onslow
County.
TOGETHER WITH an easement for purposes of ingress, csgrela and ragrcas
to and from the aforesaid tracts or parcels of 11nd iron and to N.C.
S.R. 1503 over thu property described -in that cartain Dead of Eanamunt
fro►s henry 0. Scl►lndolar at. els, to Piret-Citizens bank & Trust
Company recorded in Book 594 at Page 61 in the Office of the Register
of Deeds of Onslow County.
PARCEL_
TRACT I
ALL that certain tract or parcel of land designated " ract III"
OF) that cortain plat captioned "Survey Plat (Viata Csy Trsc
property oft First -Citizens Dank Q Trust Company" as recorded
In Ilap Dook 21, at Page 47, Slide
0-75 in tt,,o Office of the
Register of pcads o1 •(Snalow County.
TRACT II
ALL right, title, claim and interest, if any, anti includtng any
and all raverzionary rights or future intarasta, in and to so
much of that tract or parcel of land purchased by ben,amin
Haskins, father of Sadio L. Russeli.and Kate Haskins Russell.
<+ Lilo sore and only heirs of Benjsr,►in Haskins, late of the County
Of Onulow, from D. J. Sanders, lying on the sound nearly ono wllu
to Eastward of bear Crook, jgIning now or formerly the lands of
D. J. Sanders on the wast and adjoining the lands now or formerly
Of R. W. Frouhwater un the Hart,) and Bast and boundud by the w;,ter,
Of the Sout►d on Elio Soutlr oa lios southwardly of N. C. S. H. 1503.
TOCETUER NIT11 an easement for purposes ci ingress, egress, and rcgre:..
to and from tlru aforuunid Lractz or parcels of land frons and to N.C.:.1.,
1507 over Elio property describer! In that Cert'ain dead of n;tuCm.:tlL ! r• r:
Ilrnt'y Il. Schltitle lior rt to First Cieizena Dnuk b Treat C.rralr,,uy
N C. bot w..•t ►.r.• N•. )A v ►�17
recorded In Pouk 594. Vage 61, Qnslow County gcNtstrv.

800K 113 8 PAGE 172
Mail after recording to: JOHNSON '& LAMBETH - Frances Y. Trask
P.O. Box 660, Wilmington,'^ NC_�8402,, ,
STATE OF NORTH CAROLINA
COUNTY OF ONSLOW
This Notice of Foreclosure is filed for recordation pursuant to the
provisions of G. S. 45-'38.
GRANTOR: TRI -STAVE REALTY CORPORATION
TRUSTEE: W. JAMES BRANDON
SUBSTITUTE
TRUSTEE: FRANCES Y. TRASK
BENEFICIARY: V. GLENN AVERY and ROY B. JAMES (Estate of Roy B.
James, Grady Windham, Executor, 93 E , New
Hanover County) in the amount of $180,000.00
recorded -in Book 977 at Page 042, Onslow County
LL,, Registry
This the _!day of October, 1993.
L
Frances Y. Tras Trustee
JOHNSON & LAMStTH
P.O. Box 660
Wilmington, NC 28402
STATE OF NORTH CAROLINA
COUNTY OF NEW F.ANOVER
I, ,� a Notary Public in and for said
County and- State, do hereby certify that Frances Y. Trask, Trustee,
being duly sworn, acknowledged the foregoing as a true statement of
facts.
WITNESS my hand
:MXCamraissi-on Expires:
and Notarial Seal, this the Z_ day of
lt� X027
Notary Public
NMk li CCARf)LINA, CNSUV awry.
Ilie foregoing certificate oF- Anita P. Dixon
is / are certified to be correct.MIs instrument anent was present or registratioai
and recorded in this office in Book: 1.138 , Page: 172
'This 6th clay of October , 19r,3 at 3:28 1pdock P. M.
Mildred M. Thomas, Re :.stere Des.

flay , 25 '95 16:3-7
*= 11. 1 — ,L) -f 1=',DHLE
TEL
�ODK 3 6 ppTI-11S DOCUMENT PRESENTED
Mir ro TAx s i
DATE —_ - : 1
~' CRAWFORD COLLINS
l9F5 P,v 52
U 'v
TaxLot No........................................................................................... Parcel Identifier No..........................................................................
Verified by ........................ .......... County oil tha day of
by........................................................... ........... ..................................................................................... ....................
Mail after recording to.A1R. & MRS. N. BOYD TISDALE
......................................................................................................................................... ........
2231 Warrenton Way, Jacksonville, NC 28546
.....................
This instrument was prepared by . NOR"WOOD.BOYDTISDALE,ATTORNEYATLAW
Brief description for the Index 07 2A & PaTr—.of 3A secr. T vtqtn--f,.qv
NORTH CAROLINA. GENERAL WARRANTY DEED
THIS DEED made this ....28 h.,. day of ... ........ A.pril....................................... 19..95....., by arid between
GRANTOR
ELOWYN K. ARKLAND
GRANTEE
NORWOOD BOYD TISDALE
and wife,
LAURIE G. 'TISDALE
Eater 1n auprupriate block for each party: Hume, address, and, if apprnl»'inte, chnacler of entity, e.q. corporation or partnership,
The designation Grantor and Grantee as tlSed herein Shall include said parties, their heir~, Successors, and ttssitttl+, 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 if; hereby
acknowledged, has anis by these presents does grant, bargain, sell and convey unto the Grantee in fee Simple, all that
certain lot or parcel of ]arid situated in the City of ......--.- -.--.-- -.-- „SwanshOxo Toy{nship,
Onslow ... County, North Carolinaand mnre particularly deseribed aw follows:
SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE AS IF FULLY
HEREIN SET OUT

May 15 "951 16:x=: I. LUYL.I I1'.LiHLt IEL
i
4U
Beginning at an existing concrete monument, said concrete
monument being the Northwestern most corner of Lot 3A of Section
I of Vista Cay, a plat of which is recorded in Map Book 14, Page
31, Onslow County Registry and the Southwestern most corner of
Lot 4A of Section II Vista Cay subdivision, a plat of which is
recorded in Map Book 15, Page 36, reference to said plats being
made as if more particularly herein set forth. Thence from said
described point of beginning South 87 degrees 55 minutes 18
seconds East 212.93 feet and South 87 degrees 55 minutes 18
seconds East 113.39 feet to an existing concrete monument said
concrete monument being located at the Southeastern most corner
of Lot 5A and the Southwestern most corner of Lot 6A of Section
II of the Vista Cay subdivision a plat of which is recorded in
Map Book 15 Page 36 Onslow County Registry; thence from said
existing concrete monument South 72 degrees 16 minutes 43
seconds West 113.21 feet to an existing concrete monument; thence
South 08 degrees 04 minutes 58 seconds East 290.87 feet to an
existing iron pipe; thence along and with the common boundary
line between Lot 1A and Lot 2A of Section I of the Vista Cay
subdivision North 51 degrees 47 minutes 00 seconds West 250.09
feet to a set iron stake being located in the right-of-way of
Harbour Drive; thence along and with said right-of-way along a
curve having as a radius 70 feet an arc distance of 62.44 feet
on a bearing of North 51 degrees 06 minutes 40 seconds West;
thence continuing with said right--of-way along the afore -
referenced curve an arc distance of 102.92 feet on a bearing of
North 84 degrees 14 minutes 30 seconds West to a set iron stake;
thence along and with the right-of-way of Harbor Drive North 01
degrees 00 minutes 00 seconds East 66.89 feet to an existing
concrete monument the point and place of beginning and being all
of Lot 2A and a portion of Lot 3A of Section I of the Vista Cay
subdivision, a plat of which is recorded in Map Book 14, Page 31,
Onslow County Registry.
Being all of Lots 6A and 9A as shown on a plat entitled
"Vista Cay Subdivision, Section II" which plat is recorded in Map
Book 15, Page 36, Onslow County Registry, reference to which is
hereby made as though herein particularly set forth.
TRA9T III
Beginning at an iron stake located at the Southwest corner
of Lot 5A, and shown on a Map entitled "Vista Cay, Section II"
recorded in Map Book 15, Page 36, Onslow County Registry; said
iron stake being located along the Western Line of Lot 5A South
08 degrees 04 minutes 58 seconds East 228.82 feet from an iron
stake Located in the Southern right-of-way of Harbor Drive; said
iron stake being located 888.87 feet from the Western right-of-
way of Vista Cay Drive when measured along the said Southern
right-of-way of Harbor Drive in a Westerly direction; thence from

fili i L) 1 IbL)HLL ILL -
Bou
tLsou 12 3 6 PHE 437
the described beginning and along the Southern line of LotS 5A
and 6A North 72 degrees 16 minutes 43 seconds East 213.41 feet to
an iron stake; thence South 18 degrees 13 minutes 00 seconds East
393.22 feet to a point in the edge of a marsh; thence along the
edge of the marsh South 74 degrees 18 minutes 18 seconds West
282.07 feet to a point in the Shindelar line and the Western edge
of a 15 foot drainage easement; thence along the Shindelar line
and bats 2A and a portion of 3A, as shown on a map entitled
"Vista Cay, Section I" and recorded in Map Book 14, Page 31,
Onslow County Registry, and the Western margin of a 15 foot
drainage and utility easement North 08 degrees 04 minutes 58
seconds West 388.72 feet to the point of beginning, containing
2.21 acres and being the same property described in a deed
recorded in Deed Book 480, Page 478, Onslow County Registry.

4TA
N. Boyd 1i0ale, 400 N
ut C 1 4lka
Mad To: 0T
This instruigcnl was prepared by: N. Boyd 'Tisdale, Attorney
C?l1tTC.LnL'vt 2 DEED —C D-1 Printed and for sale by lames \A' %ants & CO., Intc., NJ]AT�3ux », Yadki
� Onslow Count CRAW>:pRD COLLINS
THIS
OF NORTH CAROLINA,.._.._ _... ..........__................. County.
DEED, 1vt;,rlr: and encored into this 26t -i day of April '19 9-5—, by and Between ....__.
EL,GWYN K. APMGAND
of Onslow County and State of North Carclina, hereinafter r.alled 0,rantor, and —• ,—
NOR_L�100p BQYD '1`TSDALE an wi fP Z,A[J12YD G TISDA_..
of _onslow County and State of North Carolina, hereinafter called Grantee, whose pormanenl mailing; address
is 400 New 13ride Street, Jacksonville North Carolina 28540
WITNESSETH;
N
That said Grantor, for and in consideration of the sum of len Dollars ($10.1)0) to him in hand pa 1, the receipt of which is hereby
arknowladGed, h remised and released and by these presents dons remise, release, conv y, and forever quitclaim unto the Grantee, his heirs
anrllor successors )'Jld assigns, all right, title, claim and interest of the (;raptor in attic to a certain lot or parcel of land lying and being in
.amu
39wanshoro Township, Chi0--7 rata County, North Carolina,
and more pdrtiCUkt4 described as follows:
Beginning at an iron stake located at the Southeast corner
of Lot 1A and the Southernmost corner of Lot 2A of Vista Cay,
Section 1, as recorded in Map Book 14, Page 31, Onslow County
Registry; and running thence along the Schindelar line South 08
degrees 04 minutes 58 seconds east 97.85 feet to an iron stake
located in the marshlands, the Southeast corner of the Schindelar
property, the TRUE POINT OF BEGINNING; thence from the described
beginning and along the edge of the marsh and the Arkland line
North 74 degrees 18 minutes 18 seconds East 282.07 feet to a
point, the Southeast corner of the Arkland property; thence
leaving the Arkland corner South 18 degrees 13 minutes East
approximately 273.69 feet to a point in the Northern right--of--
way of the Intracoastal Waterway; thence along the said right -
of --way South 69 degrees 11 minutes West approximately 287.79 feet
to a point, Schindelar's corner; thence along the Schindelar line
North 18 degrees 04 minutes 58 seconds West approximately 298.94
feet to the point of beginning. Containing approximately 1.85
acres.
STAMPS:
$]..00
To have and to hold the aforesaid lot or parcel of land and all privilegos 1)(41-Itlgirlb tO hire, the Grantee, his heirs and/or successors
and assigns, free and discharged from all right, title, claim pr interest of the Grantor or anyone claiming; by, through or under him.
Tho dCSignzation Grantor i,tld Grantee as wed he.rcitt shall include said parties, their heirs, successors, and assigns, and Shall irn_Iltde Singular,
Mural, masculine, feminine or neuter as required by context,

2Z,2- 1s. 75' sF
BOOK NAGE 34 /7, e, 5o, ai S�
Prepared by: FRANK W. ERWIN, ATTORNEY
P. O. BOX 7206 1994 MI 21
Jacksonville, N.C. 28540 Cf
NORTH CAROLINA y .a
casaaarmaw�wra,v-d .nar. BOUNDARY LINE LINE AGREEMENT
ONSLOW COUNTY
This Boundary Line Agreement, made this thet oday of JANUARY, 1994, by and
between JOHN S. KITZMILLER AND WIFE JUDITH F. KITZMILLER, of ONSLOW
County, North Carolina (hereinafter referred to as "KITZMILLER"); and ELOWYN K.
ARKLAND ofONSLOW County, North Carolina (hereinafter referred to as"ARKLAND");
WITNESSETH:
THAT WHEREAS, the parties hereto are owners of adjoining land situated in
SWANSBORO Township, ONSLOW County, North Carolina, the lands of KITZMILLER
being described in a Deed recorded in Book 802, Page 846, and Book 1007, Page 590, Onslow
County Registry; and the lands of ARKLAND being described in a Deed recorded in Book
443, Page 143, and Book 480, page 478, Onslow County Registry;
AND WHEREAS, question has arisen concerning the dividing line and boundary line
between the property of the parties hereto;
AND WHEREAS, it is the desire and intention of the parties hereto to ascertain, fix and
establish the boundary line between their said properties;
NOW, THEREFORE, the parties hereto in consideration of the premises, mutual
promises contained herein and other good and valuable considerations, do hereby covenant
and agree that the boundary line between their said property shall be as follows:
Beginning at an existing concrete monument located on the eastern right of way
of Harbour Drive, 60 foot right of way, said monument also being the
southwesternmost corner of lot 4A, Section I, Vista Cay, as shown on Map
Book 14, page 31, Onslow County; thence N 87 degrees 57 minutes 06 seconds
W 212.94 feet to an existing concrete monument, said concrete monument being
the southeasternmost corner of lot 5A, Section II, Vista Cay, as shown on Map
Book 15, page 36, Onslow County Registry, all as shown on that new plat
entitled "Lot Recombination for John S. Kitzmillter and wife Judith F.
Kitzmiller and Elowyn K. Arkland" and recorded in Map Book 30, page 93,
Onslow County Registry.
ORIGINAL
��

.i
r
It is mutually understood and agreed by and between the parties hereto that the line
hereinabove fixed shall be the SOUTHERN lot line of the property of KITZMILLER and the
NORTHERN lot line of ARKLAND, and the dividing and boundary line as between the said
parties, and that KITZMILLER does hereby bargain, sell and convey unto the said
ARKLAND all of the land in which they have any interest whatsoever lying SOUTH of said
line; and thesaid ARKLAND do hereby bargain, sell and convey unto thesaid KITZMILLER
all of the land in which they have any interest lying NORTH of said line;
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals,
or if corporate, have caused this instrument to be executed in its corporate name by is
President, attested by its Secretary and its corporate seal hereto affixed, all by order of the
Board of Directors, first duly given.
(SEAL)
JOHN S. KITZMILLER
Z` (SEAL)
*JITB F. KITZMIL R
r_ ., :�.d, �._•` (SEAL)
ELOWYN KJARKLAND
NORTH CAROLINA
COUNTY OF ONSLOW
I,e�� a Notary Public of the County and State aforesaid, certify that JOHN
S. KITZMILLER AND WIFE JUDITH F. KITZMILLER personally appeared before me
this day and acknowledged the execution of the foregoing instrument.
Witness my hand and official stamp or seal, this�May of JANUARY, 1994.
My commission expires:��-
2
NOTARY
: PUBLIC ?
10
�,*i,li COUlN���

APPLICATION FOR
CAMA
MINOR
DEVELOPMENT
PERMIT
In 1974, the North Carolina General Assembly passed
the Coastal Area Management Act and set the stage for
guiding development in the fragile and productive areas
which border the state's sounds and oceanfront. Along
with requiring special care by those who build and
develop, the General Assembly directed the Coastal
Resources Commission (CRC) to implement clear regula-
tions which minimize the burden on the applicant.
This application for a minor development permit under
CAMA is part of the Commission's effort to meet the
spirit and intent of the General Assembly. It has been
designed to be straightforward and require no more
time or effort necessary from the applicant. Please go
over this folder with the Local Permit Officer (LPO) for
the locality in which you plan to build to be certain that
you understand what information he or she needs.
Under CAMA regulations, the minor permit is to be
issued within 25 days once a complete application is in
hand. Often less time is needed if the project is simple.
The process generally takes about 18 days. You can
speed the approval process by making certain that your
application is complete and signed, that your drawing
meets the specifications given inside and that your
application fee is attached.
Other permits are sometimes required for development
in the coastal area. While these are not CAMA-related,
r we urge you to check with the Local Permit Officer to
_ determine which of these you may need. A listing is
included on page 2 of this folder.
We appreciate your cooperation with the North
,J Carolina Coastal Management Program and your
willingness to build in a way which protects the
resources of our beautiful and productive coast.
Coastal Resources Commission
Division of Coastal Management

Locality Permit Number
GENERAL INFORMATION
LAND OWNER
Name John S. Kitzmiller
Address 121 Harbour Drive
City Hubert State NC Zip 28539 Phone [phone]
AUTHORIZED AGENT
Name
Address
City State Zip Phone
LOCATION OF PROJECT Lot 713, Vista Cay, Hubert, Onslow County. NC
i4B 32, PG 121, Onslow County Registry
(If not oceanfront, is waterbody natural or manmade?) —Natural
DESCRIPTION OF PROJECT Private Dock & Docking For Max. 2 Boats With
500 Square Ft. Platform
AREAS OF ENVIRONMENTAL CONCERN (AEC) CLASSIFICATION
(To be filled in by the Local Permit Officer prior to completing application.)
Ocean Hazard Estuarine Shoreline ORW Shoreline Other
PROPOSED USE
X Residential Commercial/ Industrial Other
SIZE OF BUILDING IN SQUARE FEET
Size of other impervious or built upon surfaces (such as driveways, etc.) within 75 feet of the shoreline (575 feet
of an ORW shoreline)
SIZE OF SITE IN SQUARE FEET
1.2 Ac.
OTHER PERMITS MAY BE REQUIRED ...
The activity which you are planning may require
permits other than the CAMA minor permit you
are applying for here. As a service we have com-
plied a listing of the kinds of permits which might
be required. We suggest that you check over this
list with your Local Permit Officer to determine
which, if any, of these may apply to your project.
This is not a requirement of CAMA, only a sugges-
tion to help you complete your project as quickly as
possible.
Zoning, Drinking Water Well, Septic Tank (or other
sanitary waste treatment system), Burning, Electri-
cal, Plumbing, Heating and Air Conditioning, In-
sulation and Energy Conservation, FIA Certifica-
tion, Sand Dune, Sediment Contr4 — v• ' n
Approval, Mobiler AppPU,­Hig ay
Connection, Other WT
OCT 3
I

a
STATEMENT OF OWNERSHIP
r
I, the undersigned, an applicant for a CAMA minor development permit, begin either the owner of property in
an area of environmental concern or a person authorized to act as an agent for purposes of applying for a
CAMA minor development permit, certify that the person listed as landowner on this application has a sig-
nificant interest in the real property described therein. This interest can be described as follows: (check one)
X an owner of record title, Title is vested in John S. Ki t z m i l l e r, J Irsee Deed Book 694 ,
page 2 8 8 & in the Onslow County Registry of Deeds. and w i f e, Judi t h F.
289 Kitzmiller
an owner by virtue of inheritance. Applicant is an heir to the estate of
probate was in County.
if other interest, such as written contact or lease, explain below or use a separate sheet and attach to this
application.
NOTIFICATION OF ADJACENT PROPERTY OWNERS
I furthermore certify that the following persons are owners of properties adjoining this property. I affirm that I
have given ACTUAL NOTICE to each of them concerning my intent to develop this property and to apply for
a CAMA permit.
(Name) (Address)
(1) Norwood Boyd Tisdale 2231 Warrenton Way, Jacksonville,NC 28540
(2) V. Glenn Avery PO Box 4013, Wilmington, NC 28406
(3)
(4)
FOR DEVELOPERS IN OCEAN HAZARD AND ESTUARINE HAZARD AREAS:
I acknowledge that the land owner is aware that the proposed development is planned for an area which may
be susceptible to erosion and/or flooding. I acknowledge that the local permit officer has explained to me the
particular hazard problems associated with this lot. This explanation was accompanied by recommendations
concerning stabilization and floodproofing techniques.
PERMISSION TO ENTER ON LAND
I furthermore certify that I am authorized to grant and do in fact grant permission to the local permit officer
and his agents to enter on the aforementioned lands in connection with evaluating information related to this
permit application.
This application includes: general information (this form), a site drawing as described on the back of this ap-
plication, the ownership statement, the AEC hazard notice where necessary, a check for s�p�a.'wntade'payablE!'fb" .' ¢
the locality, and any information as may be provided orally by the applicant. The detailsrof 13ie application as
described by these sources are incorporated without reference in any permit which may litEissued. Deviation
from these details will constitute a violation of any permit. Any person developing in an AAC "goat
mit is subject to civil, criminal and administrative action. ! L' I
This the 2 7 t hday of October 19 9 5 L :i i Li X71•++'
lFNwwwwwsw w.+..� swan�w wN/1Rbr�F
Land owner or person alkhorized to act as hi agent
for purposes of filing a CAMA permit application.

SITE DRAWING/APPLICATION CHECKLIST
Please make sure your site drawing includes the following information required for a CAMA minor develop-
ment permit. The drawing may be simple and not necessarily to scale. The Local Permit Officer will help you,
if requested.
PHYSICAL DIMENSIONS
✓ label roads
label highways right of ways
label local setback lines
✓ label any and all structures and driveways currently existing on property
PHYSICAL CHARACTERISTICS
draw and label mean high water mark (MHW)
draw location of septic tank or filter field
If you will be working in the ocean hazard area:
draw and label dune ridges (note height)
draw and label toe of dune
identify and locate first line of stable vegetationL
draw and label setback line under CAMA
draw and label topographical features (optional)
If you will be working in an estuarine shoreline area:
draw and label landward limit of AEC;,,,�i�`"i�
describe terrain (slope)
DEVELOPMENT PLANS
draw and label areas that will be disturbed
if a house is to be placed on lot, describe location of house
note size of piling and depth to be placed in ground
draw and label all areas to be paved or graveled
describe comosition of surface
note and list Fully all trees and vegetation to be removed or relocated
show landscaping
NOTE TO APPLICANT
Have you:
*completed all blanks and/or indicated if not applicable?
*notified and listed adjacent property owners?
*included your site drawing?
*signed both application and statement of ownership?
*enclosed the $50.00 fee?
*completed an AEC Hazard Notice, if necessary?
FOR STAFF USE
Site Notice Posted Final Inspection Fee Received
Site Inspections
Date of Action: Issued Exempted Denied Appeal Deadline (20 days)

CHARLES A. RA WLS & ASSOCIATES PLANNING, MAPPING & SURVEYING
242 B Main Street Post Off-ice Box 1126 Swansboro, NC 28584 910/326-1408
FAX [phone]
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TYPICAL X -SECTION
N. T. S.
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V. GLENN AVERY,
P.O. BOX 4013
WILMINGTON. N.C.
D8 1138. PG 1�9
ONSLOW COUNTY
et al
REGISTRY
SEE MB 32. PG 12"
1
1
,
VICINITY MAP
NOT TO SCALE
NOTE:
PROPOSED DOCK IS IN LINE WITH THE /
OUTER LIMIT Of THE LINE BETWEEN THE
SHINDELAR DOCK AND THE HARDY DOCK. /
SHINDELAR DOCK IS 557' TO THE SOUTHWEST.
HARDY DOCK IS 503• TO THE NORTHEAST.73�
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REFERENCE:
PLAT ENTITLED 'LOT RECOMBINATION FOR
JOHN S. KITZMILLER + wife JUDITH F. KITZMILLER'
RECORDED AS MB 32, PG 121, ONSLOW CO. REGISTRY
ALSO SEE DB Gq4, PG 288 4- 289. ONSLOW COUNTY
REGISTRY
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,
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NOTE:
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OUTER LIMIT Of THE LINE BETWEEN THE
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SCALE IN FEET
REFERENCE:
PLAT ENTITLED 'LOT RECOMBINATION FOR
JOHN S. KITZMILLER + wife JUDITH F. KITZMILLER'
RECORDED AS MB 32, PG 121, ONSLOW CO. REGISTRY
ALSO SEE DB Gq4, PG 288 4- 289. ONSLOW COUNTY
REGISTRY
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PROD. NO.
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