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HomeMy WebLinkAboutSW8060121_HISTORICAL FILE_20130916STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW8 U�D0121 DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS ® HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE 2U130��� YYYYMMDD NCDENR North Carolina Department of Environment and Natural Resources Division of Energy, Mineral, and Land Resources Tracy E. Davis, PE, CPM Pat McCrory, Governor Director John E. Skvarla, III, Secretary September 16, 2013 Stephen Lamando, Manager SRP 2011 — 3, LLC 150 Fayetteville St., Box 1011 Raleigh, NC 27601 Subject: Stormwater Permit No. SW8 060121 Name / Ownership Change and Permit Extension Grove Landing High Density Project Brunswick County Dear Mr. Lamando: Effective August 1, 2013 the State Stormwater program has been transferred from the Division of Water Quality (DWQ) to the Division of Energy, Mineral and Land Resources (DEMLR). All previous references to DWQ will remain in older stormwater permits issued prior to August 1, 2013 until they are modified. Please note that any updated pages or addendums to the permit will now reference DEMLR as the Division responsible for issuance of the permit. On August 5, 2009, the Governor signed Session Law 2009-406. This law impacts any development approval issued by the Division of Energy, Mineral and Land Resources under Article 21 of Chapter 143 of the General Statutes, which is current and valid at any point between January 1, 2008, and December 31, 2010. The law extends the effective period of any stormwater permit that was set to expire during this time frame up to three (3) years from its current expiration date. On August 2, 2010, the Governor signed Session Law 2010-177, which granted an extra year for an extension of up to four (4) years. On August 27, 2013, the Division of Energy, Mineral and Land Resources (DEMLR) received a permit Name/Ownership Change Form from SRP 2011 1-3, LLC, requesting a transfer for the subject property. This property was acquired through foreclosure according to the August 27, 2013 submittal package. A file review and site inspection was performed on September 16, 2013 by DEMLR staff and as noted in the enclosed inspection report, please provides the following: 1. Provide a partial certification indentifying any deviations from the approved plan. 2. Repair any damage to the stormwater system since has been sitting in foreclosure. 3. If any deviations are discovered please provide final certification before obtaining any Certificates of Occupancy. 4. A time line of when this office can expect the above listed items to resolved, as requested in the attached inspection report. By acknowledging receipt of the permit, and by signing the Name/Ownership Transfer form, you have accepted the responsibility for complying with the terms and conditions outlined in this permit. The Division is hereby notifying you that permit SW8 060121 has been transferred on August 27, 2013, and to remind you that this permit shall be effective until February 20, 2020, which includes the extensions. For your records, please find enclosed a copy of the updated page 2 of the previously issued permit, a copy of the inspection report, and a copy of the Name/Ownership Change form(s) submitted on August 27, 2013. Please attach this cover letter and updated page 2 to your permit originally issued by the Division of Water Quality on February 14, 2006 and as modified thereafter. Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 Phone: (910) 796-72151 Fax: (910) 350-2004 September 16, 2013 Y This permit is subject to the conditions and limitations as specified in the addendum and previously issued permit. Please pay special attention to the conditions listed in this permit regarding the Operation and Maintenance of the BMP(s), recordation of deed restrictions, procedures for changes of ownership, transferring the permit, and renewing the permit. Failure to establish an adequate system for operation and maintenance of the stormwater management system, to record deed restrictions, to transfer the permit, or to renew the permit, will result in future compliance problems. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing by filing a written petition with the Office of Administrative Hearings (OAH). The written petition must conform to Chapter 150B of the North Carolina General Statutes, and must be filed with the OAH within thirty (30) days of receipt of this permit. You should contact the OAH with all questions regarding the filing fee (if a filing fee is required) and/or the details of the filing process at 6714 Mail Service Center, Raleigh, NC 27699-6714, or via telephone at 919-431-3000, or visit their website at www.NCOAH.com. Unless such demands are made this permit shall be final and binding. If you have any questions, need additional copies of the permit or approved plans, please contact David Cox with DEMLR in the Wilmington Regional Office at (910) 796-7215. Siince�rely__ 57.. Tracy Davis, FE., Director Division of Energy, Mineral and Land Resources GDS/dwc: S:\WQS\Stormwater\Permits & Projects\2006\060121\2013 09 permit 060121 cc: H. Kenneth Stephens, II, Trustee P.O. Box 2237 Wilmington, NC 28402 Rodney Wright Wilmington Regional Office Stormwater File Page 2 of 2 State Stormwater Management Systems Permit No. SW8 060121 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO SRP 2011 — 3, LLC Grove Landing Brunswick County FOR THE construction, operation and maintenance of a wet detention pond in compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwaterrules') and the approved storrwater management plans and specifications and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit. This permit shall be effective from the date of issuance until February 14, 2020, and shall be subject to the following specified conditions and limitations: I. DESIGN STANDARDS 1. This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. 2. This stormwater system has been approved for the management of stormwater runoff as described in Section 1.6 on page 3 of this permit. The stormwater control has been designed to handle the runoff from 145,848 square feet of impervious area. 3. The tract will be limited to the amount of built -upon area indicated on page 3 of this permit, and per approved plans. There is no allotment for future built -upon area at the site. 4. All stormwater collection and treatment systems must be located in either dedicated common areas or recorded easements. The final plats for the project will be recorded showing all such required easements, in accordance with the approved plans. 5. The runoff from all built -upon area within the permitted drainage area of this project must be directed into the permitted stormwater control system. Page 3 of 8 i e r� r NC®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary STATE STORMWATER PERMIT NAME/OWNERSHIP CHANGE FORM 1. CURRENT PERMIT INFORMATION 1. Stormwater Management Permit Number: SW8060121 2. Project Name: village Landing 3. Current Permit Holder's Company Name/Organization: village Landing LLC 4. Signing Official's Name: Julie Lancaster 5. Mailing Address: 816 Forest Hills Drive City: WILMINGTON 6. Phone: (U Title: Member/manager State: NC Zip: 28403 Fax: () II. PROPOSED PERMITTEE / OWNER / PROJECT / ADDRESS INFORMATION This request is for: (please check all that apply) ❑x Name change of the owner (Please complete Items 1, 2 and 3 below) R Name change of project (Please complete Item 5 below) ❑x Change in ownership of the property/company (Please complete Items 1, 2, 3, and 4 below) ❑ Mailing address / phone number change. (Please complete Item 4 below) ❑ Other (please explain): 1. Proposed permittee's company name/organization: SRP 2011-3 LLC 2. Proposed permittee's signing official's name: Stephen Lamando 3. Proposed permittee's title: Manager 4. Mailing Address City: Raleigh Phone: ( 203 ) 150 Fayetteville St Box 1011 499-9289 State: NC Zip: 27601 Fax: ( 5. New Project Name to be placed on permit: Grove Landing Please check the appropriate box. The proposed permittee listed above is: ❑ HOA or POA (Attach documentation showing that the HOA or POA owns, controls, or has a recorded easement for all areas that contain stormwater system features. Print name of HOA or POA in #1 above and provide name of HOA/POA's authorized representative in #2 above) ❑x The property owner ❑ Lessee (Attach a copy of the lease agreement and complete Property Owner Information on page 4) �` El (Attach a copy of the pending sales agreement. Final app a will be granted upon receipt of a copy of the recorded deed) AUG 2 7 2M ❑ Developer (Complete Property Owner Information on page 4) SSW N/O Change Rev15Feb2011 Page 1 of 4 By:_---- w III. REQUIRED ITEMS A request to transfer a permit will not be approved by the Division of Water Quality (DWQ) unless all of the applicable required items listed below are included with the submittal. Failure to provide the listed items may result in processing delays or denial of the transfer. 1. This completed and signed form. This certification must be completed and signed by both the current permit holder and_the new applicant if this is a change of ownership: 2. teigal documentation of the property transfer to a new owner. 3. A copy of any recorded deed restrictions, covenants, or easements, if required by the permit. 4. The designer's certification (DWQ Engineer and Designer Certification Forms are available from each DWQ Regional office), if required by the permit and if not already submitted to DWQ. 5. If the proposed permittee is a firm, partnership, association, institution, corporation, limited liability company, or other corporate entity, provide documentation showing the authority of the named representative to act on behalf of the proposed permittee. 6. The $40.00 processing fee. If this is an initial transfer from the original permittee the processing fee is not required. Subsequent ownership transfers will require the $40.00 processing fee. IV. CURRENT PERMITTEE'S CERTIFICATION Please check one of the following statements and fill out the certification below that statement: ❑ Check here if the current permittee is only changing his/her/its name, the project name, or mailing address, but will retain the permit. I, , the current permittee, hereby notify the DWQ that I am changing my name and/or I am changing my mailing address and/or I am changing the name of the permitted project. I further attest that this application for a name/ownership change is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed or if all required supporting information and attachments listed above are not included, this application package will be returned as incomplete. ❑x Check here if current permittee is transferring the property to a new owner and will not retain ownership of the permit. I, Julie Lancaster the current permittee, am submitting this application for a transfer of ownership for permit # sws 066121 . I hereby notify DWQ of the sale or other legal transfer of the stormwater system associated with this permit. I have provided a copy of the most recent permit, the designer's certification for each BMP, any recorded deed restrictions, covenants, or easements, the DWQ approved plans and/or approved as -built plans, the approved operation and maintenance agreement, past maintenance records, and the most recent DWQ stormwater inspection report to the proposed permittee named in Sections II and V of this form. I further attest that this application for a name/ownership change is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed or if all required supporting information and attachments listed above are not included, this application package will be returned as incomplete. I assign all rights and obligations as permittee to the proposed permittee named in Sections II and V of this form. I understand that this transfer of ownership cannot be approved by the DWQ unless and until the facility is in compliance with the permit. Signature: , County of a Notary Public for the State of do hereby certify that personally appeared before me this the day of , 20 , and acknowledge the due execution of the forgoing instrument. Witness my hand and official seal, Notary Signature SSW N/O Change Rev15Feb2011 Page 2 of 4 (Notary Seal) yFCE9@901... AUG 2 7 20B By: V. PROPOSED PERMITTEE CERTIFICATION: (This section must be completed by the Proposed Permittee for all transfers of ownership) Stephen Lamando , hereby notify the DWQ that I have acquired through sale, lease or legal transfer, the responsibility for operating and maintaining the permitted stormwater management system, and, if applicable, constructing the permitted system. I acknowledge and attest that I have received a copy of: (check all that apply to this permit) x❑ the most recent permit ❑ the designer's certification for each BMP ❑ any recorded deed restrictions, covenants, or easements ❑ the DWQ approved plans and/or approved as -built plans ❑ the approved operation and maintenance agreement 8 past maintenance records from the previous permittee (where required) DWQ stormwater inspection report showing compliance within 90 days prior to this transfer I have reviewed the permit, approved plans and other documents listed above, and I will comply with the terms and conditions of the permit and approved plans. I acknowledge and agree that I will operate and maintain the system pursuant to the requirements listed in the permit and in the operation and maintenance agreement. I further attest that this application for a name/ownership change is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed or if all required supporting information and attachments listed above are not incl ded, Pis application package will be returned as incomplete. Signature: rrr�✓— — Date: O b -2,o - t 3 I, �1(.ou�, �(a �Sb,r a Notary Public for the State of --Zo't4 day of County of rF do hereby certify that personally appeared before me this the 20_(-") , and acknowledge the due execution of the forgoing instrurgpnt. Witness rby hand and official seal, '—Ma hew A. Sainsbury Notary Public -Connecticut My Commission Expires February 28. 2014 14'iSl'F 1 6 �ticut•= Notary x Ires ,. MY ebruar s28n 204. February Additional copies of the original permit and the approved Operation and Maintenance agreement can be obtained from the appropriate Regional Office of the Division of Water Quality. This completed form, including all supporting documents and processing fee (if required), should be sent to the appropriate Regional Office of the North Carolina Department of Environment and Natural Resources, Division of Water Quality, as shown on the attached map. Please note that if the Proposed Permittee listed above is not the property owner, the property owner must complete and sign page 4 of this document. Both the lessee / developer and the property owner will appear on the permit as permittees. ECEIVE AUG17= SSW N/O Change Rev15Feb2011 Page 3 of 4 BY: . VI. PROPERTY OWNER CONTACT INFORMATION AND CERTIFICATION If the Proposed Permittee listed in Sections If and V of this form is not the Property Owner, the Property Owner must provide his/her Contact Information below and sign this form: Printed Name: Organization: Title within the Organization: Street Address: City: State: Zip: Mailing Address: (if different from street address) City: State: Zip: Phone: Email: Fax: I certify that I own the property identified in this permit transfer document and have given permission to the Proposed Permittee listed in Sections II and V to develop and/or, lease the property. A copy of the lease agreement or other contract, which indicates the party responsible for the construction and/or operation and maintenance of the stormwater system, has been provided with the submittal. As the legal property owner I acknowledge, understand, and agree by my signature below, that I will appear as a permittee along with the lessee/developer and I will therefore share responsibility for compliance with the DWQ Stormwater permit. As the property owner, it is my responsibility to notify DWQ by submitting a completed Name/Ownership Change Form within 30 days of procuring a developer, lessee or purchaser for the property. I understand that failure to operate and maintain the stormwater treatment facility in accordance with the permit is a violation of NC General Statute (NCGS) 143-215.1, and may result in appropriate enforcement action including the assessment of civil penalties of up to $25,000 per day, pursuant to NCGS 143-215.6. Signature of the property owner Date: a Notary Public for the State of County of , do hereby certify that personally appeared before me this the day of , 20 , and acknowledge the due execution of the forgoing instrument. Witness my hand and official seal, Notary Signature (Notary Seal) IECIFAVE AUG 2 7 2M BY: --- SSW N/O Change Rev15Feb2011 Page 4 of 4 COASTAL SITE DESIGN, PC Wilmington, NC 28406 Phone: 910 791-4441 Fax: 910 791-1501 License R C-2710 August 27, 2013 David W. Cox Environmental Engineer N.C. Departrnant of Environment And Natural Resources Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Re: Stormwatei Ownership Transfer SW8 060121 Town of Lciand. Brunswick County CSD Project No, 11-0250 Dear Mr. Cox: Enclosed please find a State Stormwater ownership change request for an existing Stormwater permit. The Current owners acquired the property through a foreclosure sale and have tried sevenil times over the past Veer to have the carrent permit holder sign the transfer papers, but with no luck. We appreciate your assistance in this matter. Please call if you require any additional information. Sincerely, V6 Rodney Wright Encl.: As noted above S WNW RECD AUG 2 7 2013 C201320700538 t SOSID: 1330692 Date Filed: 7/31/2013 8:32:00 AM Elaine F. Marshall North Carolina Secretary of State State of North Carolina C201320700538 Department of the Secretary of State APPLICATION FOR CERTIFICATE OF AUTHORITY FOR LIMITED LIABILITY COMPANY Pursuant to §57C-7-04 of the General Statutes of North Carolina, the undersigned limited liability company hereby applies for a Certificate of Authority to transact business in the State of North Carolina, and for that purpose submits the following: 1. The name of the limited liability company is SRP 2011-3, LLC and if the limited liability company name is unavailable for use in the State of North Carolina, the name the limited liability company wishes to use 2. The state or country under whose laws the limited liability company was formed is: Delaware 3. The date of formation was March 1, 2011 ; its period of duration is: Perpetual 4. Principal office information: (Select either a or b) a. ® The limited liability company has a principal office. The street address and county of the principal office of the limited liability company is: Number and Street 4 Research City, State, Zip Code Shelton, Suite 402 The mailing address, ijdiJperent from the street address, of the principal office of the corporation is: b. ❑ The limited liability company does not have a principal office. 5. The street address and county of the registered office in the State of North Carolina is: Number and Street 150 Fayetteville Street, Box 1011 City, State, Zip Code Raleigh, North Carolina 27601 County Wake 6. The mailing address, ijdlWerent from the street address, of the registered office in the State of North Carolina is: 7. The name of the registered agent in the State of North Carolina is: CORPORATIONS DIVISION P. O. BOX 29622 C T Corporation System RALEIGH, NC 27626-0622 (Revised January 2002) (Form L-09) nvurr. JWWXmcrs� C201320700538 APPLICATION FOR CERTIFICATE OF AUTHORITY Page 2 8. The names, titles, and usual business addresses of the current managers of the limited liability company are: (use attachment tJnecessary) Name Stephen M Lamando Business Address C/O Shelving Rock Partners, LLC 4 Research Drive, Suite 402, Shelton 9. Attached is a certificate of existence (or document of similar import), duty authenticated by the secretary of state or other official having custody of limited liability company records in the state or country of formation. The Certificate of Existence must be less than six months old A nhotoconv of the certification cannot be accented 10. If the limited liability company is required to use a fictitious name in order to transact business in this State, a copy of the resolution of its managers adopting the fictitious name is attached. 11. This application will be effective upon filing, unless a delayed date and/or time is specified: This the 26th day of July , 2013 SRP 2011-3, LLC Name of imi d Liability Company >t Signature oJManager Stephen M Lemando Type or Print Name Notes: 1. Filing fee is $250. This document must be filed with the Secretary of State. CORPORATIONS DIVISION P. O. BOX 29622 RALEIGH, NC 27626.0622 (Revised January 2002) (Form L-09) aL➢n. Iai Mam C T Srsea, O C201320700538 Delaware PAGE 1 r1he First State I, JEFFREY W. BULLOCK, SECRETARY OF STATE OF THE STATE OF DELAWARE, DO HEREBY CERTIFY "SRP 2011-3, LLC" IS DULY FORMED UNDER THE LAWS OF THE STATE OF DELAWARE AND IS IN GOOD STANDING AND HAS A LEGAL EXISTENCE SO FAR AS THE RECORDS OF TBIS OFFICE SHOW, AS OF THE TWENTY-SIXTH DAY OF JULY, A.D. 2013. AND I DO HEREBY FURTHER CERTIFY THAT THE ANNUAL TAXES HAVE BEEN PAID TO DATE. A k"W. BWbck Secretary o/State IUTBENT!KeTION: 0618243 DATE: 07-26-13 North Carolina Secretary of State Page I of I North Carolina Elaine F. Marshall DEPARTMENT OF THE Secretary SECRETARY OF STATE PO Box 29622 Raleigh, NC 27626-0622 (919)807-2000 Date: 12/7/2012 Click here to: View Document Filings i File an Annual Report i J Print a Pre -populated Annual Report Fillable PDF Form i Amended A Previous Annual Report i Corporation Names Name Name Type NC VILLAGE LANDING, LLC LEGAL Limited Liability Company Information SOSID: 0694110 Status: % Admin. Dissolved Effective Date: 10/8/2003 Annual Report Due Date: Citizenship: DOMESTIC State of Inc.: NC Duration: 12/31/2053 Registered Agent Agent Name: LANCASTER, BRANNON C - Office Address: 816 FOREST HILLS DRIVE WILMINGTON NC 28403 Mailing Address: 816 FOREST HILLS DRIVE WILMINGTON NC 28403 Principal Office Office Address: 816 FOREST HILLS DRIVE WILMINGTON NC 28403 Mailing Address: 816 FOREST HILLS DRIVE WILMINGTON NC 28403 Officers Title: MEMBER Name: JULIE LANCASTER LANCASTER Business Address: 816 FOREST HILLS DRIVE WILMINGTON NC 28403 This website is provided to the public as a part of the Secretary of State Knowledge Base (SOSKB) system. Version: 3773 hUp://www.secretary.state.nc.us/corporations/Corp.aspx?Pitemld=5704576 12/7/2012 NOTICE TO REGISTERED AGENT: Under N.C.G.S. Section 55D-30(b), it is the duty of the registered agent to forward this certificate to the business entity at the last known address. Village Landing, LLC (0694110) 816 Forest Hills Drive Wilmington, NC 28403 State of North Carolina Department of the Secretary of State CERTIFICATE OF ADMINISTRATIVE DISSOLUTION 1, Elaine F. Marshall, Secretary of State, as mandated by law, do hereby certify that Village Landing, LLC has been administratively dissolved pursuant to the procedure set forth in N.C.G.S. Section 57C-6-03 for failure to file an annual report effective as of the date set forth hereunder. A Limited Liability Company administratively dissolved under N.C.G.S. Section 57C-6-03 may apply to the Secretary of State for reinstatement by complying with the procedure set forth in the N.C.G.S. Section 57C-6-03. This the 4th day of April, 2012 Elaine F. Marshall Secretary of State Document ld: C201209502304 e y -.�, yJP�•''rr�r�`�e.oc ' r'e %ern echo Scc p y C:Ya vl2 / . 7 �rrecic�st�e r Toe ., o-F Le/a,o/ re�jU%� of a .,, SQcc�,� 2cc¢SS- O�ril�e, �nCsvnf c�� Iz �2✓o�m e��- � � h av� beep C� = e s %-�n z'f�e.c/ cr C2(GU ( -7,+ej iOccrrec f^-l� , x Favv sf Over ¢ Mv�h e�,w5h -foofWs2f t3V A -ewe mew 2/c--�e�ss.. 6k4 b 2n1� i 1u tY2c-K- �(J(Ara-7n tTQ,Q 120- ram"' /p�y,l da s ( Zaul�) Ckf>l 5� � d � � � 7W 13 �� . LL C iA ,mil 2w C o f zr& 1 *QcF. o {� -de 0 4 iI /'� O t�M eiS (1 �'P n For DENR Use ONLY �/1 %� Coo S��ee� i' " 4 0 J `./ Reviewer ' North Carolina Department of Environment and �Z_ 1 AMAC�� Natural Resources Submit NCDENR Request for Express Permit Review Time: I O "_ 30 Confirm: 12 FILL-IN all the information below and CHECK the Permit(s) you are requesting for express review. FAX or Email the completed form to Express Coordinator along with a completed DETAILED narrative site plan (PDF rile) and vicinity map (same items expected in the application package of the project location. Please include this form in the application package. aC • Asheville Region -Alison Davidson 828-196.4698;alison.davidson(o),ncmail.net • Fayetteville or Raleigh Region -David Lee 919-791-4203; david.lee(@,ncmai1.net • Mooresville & -Patrick Grogan 704-663-3772 or patrick.grogan(iDncmail.net • Washington Region -Lyn Hardison 252-946-9215 or lvn.hardison(fncmail.net • Wilmington Region -Janet Russell 910-350-2004 orianet.russell(dncmail.net NOTE: Project application received after 12 noon will be stamped in the following work day Enter Related SW Permits of request SW 8060121 SW SW SW SW I U 3-0 — 1\' 0 CGfl-✓\ Project Name: VILLAGE LANDING (CHANGING TO GROVE LANDING) County: BRUNSWICK Applicant: KEVIN WALSH Company: SRP 20113 LLC Address: 4 RESEARCH DRIVE STE 402 City: SHELTON, State: CT Zip: 06484 Phone: 919-274-1969, Fax: -- Email: kwalsh@nc.rr.com Physical Location:1.0 MILES NW ON HWY133 FROM INTERSECTINO OF US 74 AND 133 Project Drains into C SW waters — Water classification 18-77-1 (for classification see-http:l/h2o.enr.state.nc.us/bims/reports/reporfsWB.htmll Project Located in WHITE OAK River Basin. Is project draining to Gass ORW waters? N , within % mile and draining to class SA waters N. or within 1 mile and draining to class HQW waters? N Engineer/Consultant: HOWARD RESNIK Company: COASTAL SITE DESIGN, PC Address: PO BOX4041 City: WILMINGTON, State: NC Zip: 28406-_ ;1 CEIV D Phone: 910-791-4441, Fax: 910-791-1501, Email: HOWARD@COASTALSITEDESIGN.COM SECTION ONE: REQUESTING A SLOPING MEETING ONLY NOV 2 US Z012 ® Scoping Meeting ONLY ® DWQ, ❑ DCM, ® DLR, ❑ OTHER: _ BY: SECTION TWO: CHECK ONLY THE PROGRAM fSl YOU ARE REQUESTING FOR EXPRESS PERMITTING ❑ 401 Unit ❑ Stream Origin Determination: _ # of stream calls — Please attach TOPO map marking the areas in questions ❑ Intermittent/Perennial Determination: _ # of stream calls — Please attach TOPO map marking the areas in questions ❑ 401 Water Quality Certification ❑ Isolated Weiland (_linear ft or _acres) ❑ Riparian Buffer Authorization ❑ Minor Variance El Major General Variance ® State Stormwater ❑ General ❑ SFR, ❑ SFR < 1 ac. ❑Bkhd & Bt Rmp, ❑ Clear & Grub, ❑ Utility ❑ Other ❑ Low Density ❑ Low Density -Curb & Gutter _ # Curb Outlet Swales ❑ Off -site [SW - (Provide permit #)) ® High Density -Detention Pond 1 # Treatment Systems ❑ High Density -Infiltration _ #Treatment Systems ❑ High Density -Bio-Retention _ # Treatment Systems ElHigh Density —SW Wetlands _ # Treatment Systems ElHigh Density -Other _ # Treatment Systems / ❑ MOD:❑ Major ❑ Minor ❑ Plan Revision ❑ Redev. Exclusion SW (provide permit #) ❑ Coastal Management ❑ Excavation & Fill ❑ Bridges & Culverts ❑ Structures Information ❑ Upland Development ❑ Marina Development ❑ Urban Waterfront ❑ Land Quality ❑ Erosion and Sedimentation Control Plan with - acres to be disturbed.(CK # (for DEN use)) SECTION THREE — PLEASE CHECK ALL THAT IS APPLICABLE TO YOUR PROJECT (for both scoDino and express meeting reauest Wetlands on Site ® Yes ❑ No Buffer Impacts: ❑ No ❑ YES: _acre(s) Wetlands Delineation has been completed: ® Yes ❑ No Isolated wetland on Property ❑ Yes ❑ No US ACOE Approval of Delineation completed: ® Yes ❑ No 404 Application in Process w/ US ACOE: ❑ Yes ❑ No Permit Received from US ACOE ® Yes ❑ No saaasat+aa++++tsaaasat++r+asaaarttrt+rt+aaaxartrataa++traaasFOr DENR use onlyrtrt+aa+aaaaaaataataartt+++raaaaa♦aaaaat+++++a++aaaasaaa+++tt++ Fee Split for multiple permits:(Check# ) - Total Faa Amnunrt SUBMITTAL DATES I Fee SUBMITTAL DATES Fee LAMA $ Variance (❑ Mal; [I Min) $ SW (❑ HD, ❑ LID, CT Gen) - $ 401: $ Los $ Stream Deter,_ $ NCDENR EXPRESS March 2009 COASTAL SITE DESIGN, PC Wilmington, NC 28406 Phone: 910 791-4441 Fax: 910 791-1501 License # C-2710 FOR STORMWATER EXPRESS REVIEW November 28, 2012 PROJECT NAME: Grove Landing Condo (formerly Village Landing) SW8 060121 Brunswick County PROJECT DESCRIPTION: This is an existing multi -family subdivision situated on approximately 6.26 acres in the Town of Leland. The property has an existing NCDENR high density stormwater permit(SW8 060121) utilizing a wet pond as treatment. Since the project was originally approved the previous owners of the project went into default and the project was acquired by the current owners. The Town of Leland had the current owners bring the site plan back through review since the site plan had expired. During review the Town requested the owners acquire a strip of land from the adjacent property owner so they could install a road as a secondary access to the site. This modification is for the additional impervious area from the new roadway and sidewalk. Water and sewer have already been installed and are supplied by the Town of Leland. Stormwater from the site will drain to C, SW waters located in the Cape Fear River Basin (Index # 18-77-1). Runoff from the site is being collected through under round stormwater collection and discharged into an existing s[otmwater pond designed for 90% TSS removal and th 1 in rainfall event. he new road and sidewalk will have curb inlets installed to collect the runoff and discharge it into the existing Pon . Prelimiha calculations show the existing outlet structure will need to be slightly modified to accommodate the additional storage requirements. Proposed impervious for the site is 62%. There are no buffer requirements for the development. No offsite runoff will be entering the site. The site has direct access onto Main Street (FIWY 133) and after this modification will have a secondary access onto Forest Hills Drive. PROJECT BMP: Fligh Density Wet Pond STORMWATER ENGINEER/CONSULTANT: Coastal Site Design, PC PO Box 4041 Wilmington, NC 28406 Rodney Wright rodney@coastalsitedesign.com 910 7914441 office 910 791 1501 fax —u n � IIII4 8 / / 9 R R/0. / 'OAD 2 >S SECTION ' /MFW J.E /' i , PAOC6fD 5 ' PROWSD AIXL6 RDN / 2! m // p / 0 #! ?' 117// N i,<17W 9D B � M PW BID R l/ O:,J J iRGP ND D �j ,( p 9DR AR(p &D uaoFM.1 m DD.Ifi"w N pwm 10 BE MAID fD A0.17YOR/S NMW AYfD1W NSA AStt1 MD N I/ DRD£ A= f��•� �;�•�I�•�r L�.�s�-�rJf-�t• Error: Unable to store job at printer Reason: Printer does not support collation at printer. Solution: turn off Mopier Enabled in your printer driver. [M]a • , In.. n, P. Ol TRANSACTION REPORT Xt FEB-12-2009 THU 08:38 AM K FOR: NCDENR 910 350 2004 SEND DATE START RECEIVER TX TIME PAGES TYPE NOTE M# DP FEB-12 08:37 AM 97622265 1'25" 8 FAX TX OK 055 TOTAL IM 25S PAGES: 8 State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office Beverly Eaves Perdue, Governor TAX COVER SHEET Date: —/ Z — D `' To: V;i///Es 7A ✓; 5 a 7 I Co: Fax: '76 Z — Z Z G ..-5- Re: E Gw,.O/, Dee Freeman, Secretary No. Pages (excl. cover): From: Jo Casmer Phone: (910) 796-7336 Fax: (910)350-2004 SS"Cv8'o6o/a- / ��OPiI m7"/ S�ArinAJQ71>!/ '0� a �s X2 - 9de5 -le- C-/ 127 Cardinal Drivc Ernensiol4 Wilmington, NC 28405 e (910) 796.7215 - An Equal Opportunity ABirmative Action Employer STATE OF NORTH COUNTY OF BR Rotrrt J. Rebintlon Rpl�ttlr of Gtldtl I1-23-3008 11:38: 35'e" a' (1*1 Cana)ty, IIC NNCCy-R^.EVEp)MIrg+ STW'-$3G"-EOM�ytlts03,,2, (A `---- CAROL NA resra UO �/.nq,{r7'R_IISTEE'SDEED UNSWICK TAX PARCEL NO.: 038AB002 REVENUE STAMPS: $3.000.00,,G Ind 41� THIS DEED, made this dJ •'oPN2%embel i. 2008, by and between H. KENNETH STEPHENS, If. Substitute Tnistec?Gmntor, and COOPERATIVE BANK Grantee, whose address is: Post Office Box 600, Wilmington. North Carolina 28402. WITNESSETH: WHEREAS, Village LandingLLC �heeretorc executed a Deed of Trust dated May 22, 2006 to Frederick Willetts, 111, Trustee firrCooperative Bank, beneficiary, recorded in Book 2394, at Page 1075 of the Brunsµwiic - County Registry conveying the hereinafter described property; and. WHEREAS. H. KennethStephens. ❑, was s ibstituted as Trustee by that PKEPAREU RY AND RGTURNF.D TO; I IKENNETI I ST EPHENS, I I ;�Q. B[F%J:iFTi C&2: ATTORNEY AT LAW POS IOFFICE BOX 2237 WILMINGTON. NC 28402 U g bo �N �UU6FLG^.£8 Ntt' p9860 P0168 ;; M-3 �G JNC11r of 2 of instrument recorded in Book 2837. at Page 0602 of the Brunswick County Registry; and, WHEREAS, the Deed of Trust was foreclosed pursuant to the terms thereof; NOW, TFIEREFORL'tin consideration of the.premiies and the payment of the purchase price by the Grantee( th, mcipb Lwhtchh-is hereby acknowledged. and pursuant to the authority vested in him by the terms of�fthe DFccdgf Trust. Grantor does hereby bargain, sell, grant and convey unto the Grantee, its successors and assigns, all that certain lot or parcel of land Iving and being in the County of Brunswick. State of North Carolina, and being more partic ydescri — a�of llows: nG;U � UU— DESCRIPTION IS A• -FACFIED'}iERETOMARKED EXHIBIT "A" AND IS INC ORPORATEU}iEREIN BY REFERENCE AS IF FULLY SET FORTH. TO HAVE AND TO HOLD said land, together with all privileges and appurtenances thereunto bolo gnzunto thheerG�rantee,�s successors and assigns, forever, nn/(111r in as full and ample manner ds Nd Grantor as SubstiturexTrustee is authorized and empowered to convey the same. IN WITNESS WHEREOF, the Grantor as Substitute Trustee in the aforesaid Deed of Trust has hereunto seuhis hand and affixed his seal; the day and year first above written. Mrni l� (SEAL) H. KLANNETH STEPHENS, II SUBSTITUTE TRUSTEE � pd TltNll' ' >w M k GJ�Iill�lllllll llIfillllilll�ll Ist, 8 D" go Mof 7 Brynwlck tY. Ile egleter p( OeeM pefla 7 e( 7 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER nFIggg"_ �n 1. MAUR@EN M. BRpDLnfiEY,-Notarv.Pubfft oFlhrCoanty and State aforesaid, certify that H. KENNETH STEFHENS, 11, SUBSTITUTE TRUSTEE, personally appeared before me this day and acknowledged the due execution of the foregoing instrument. k Witness my hand and offici3l�l�h .d, ayf ,�November, 2008. UU" r NOTARY_ 7kAwjw�'L L My Commission Expires: 01, iu-la V u v (5 mr. O �wi f n pu 5;°°_ 0 Mg M�vL.0 V 4 '11��I01)111111 titlllillitil v202 P11�,. Y, NC Reglater of ,,n Peq GQ{ PROP Thb oers"" dlm dura are no d9kKP m ad a valaern taxes. tam aeeawnems w other Brenda M. Clem Raglelar Pf 0eeda Rana a'tltCtl ala til1111aWtpk (10ylay Tait 10-20-2011 14: 32: a0.003 arY„aVIPF Cmnly, NC CoNxbr is dwGed y/Ntl that ere a. NC REVENUE Sri: a1710.00 (a2'16103) Nan an: ParcatWwrlpar O3 2 gc(o sa roteesd by Ne eruwmk* County Aaeusor's OMke. This Ie not, OW ON Palen mxtDer malahmuie g,C'�',,(�( lY�' Rrrac Date (Aam) Tex Cot. / . Tex Spec. T e rr im SCkS _._C: CdshS Refund: t a.,� f _—Finance Revenue Stamps: S aD f]PoN t°�'"ir•.a°tdx a�nANso . ]QI , nMa Tax Parcel Numbers: 038AB 2° re i�• l)n e'e'.AP�Otfll� Prepared by: Jennifer D tt, Esq First Ba&`uA, Return to: eereseas4e4s�4eee44es4raseasstet44e44eesuarse44sw4saewaets4eeswee4e• STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK &r, cg �, VE RECEIR'S DEED (0) THIS RECEIVER'S DEED, dated as of 0efa irj, 11, is made by the FEDERAL DEPOSIT INSURANCE CORPORATION, as Receiver for COOPERATIVE BANK ("Grantor'? to SRP 2011-3, LLC a Delaware Limited Liability Company, ("Grantee'), whose addressis 4V"oc1A0rlvt Fwii- 4O.Sbu hen f -r nitd2 ash„ ,,� n (� WHEREAS, Cooperative BanFfTbank or, apia �dldkhe laws of the Stme of North Carolina, was conveyed the real propatyy esen� he`tem't y Substitute Trustee's Deed recorded in Book 2860, Page 76j1,,BP 7i3 unty Rji'&ff' , VLd WHEREAS, Cooperative Bank was closedbytheUrth Carolina Commissioner of Banks and the Federal Deposit Insurance Corporation (the "FDIC'I was appointed receiver of Cooperative Bank on June 19, 2009; and WHEREAS, the FDIC, asarx� e�lver for Cooperative Bhas assigned Cooperative Bank's rights and interests to the re1R"c )erty d_ esq-be�=t%ie� First Bank, a North Carolina bank ("First BanY�, Pursuant to tha l,2E'!d`Assumption Agreement (the "Purchase and Assumption Agmeitlen d -June 1942009.1retween the FDIC, as receiver for Cooperative Bank, and First Bank, -asevidenl `$f�,tlp n Short Form Memorandum of Purchase and Assumption Agreement rxorded m Book2�Page 441, in the Brunswick County Registry, and ngV me�AP90aal� `(R������ v� °(111�1�II1�1111INlllil���llli 82860 P01i0,re;'° °°a EXHIBIT `A" TRACT ONE: (1 BEGINNING at a point in the,easterly line of aQ2.7 foot roadway mooing northvardly from U.S. Highways 74 and 76 �('ribw V16gq, Road},F" Ms d point being located North 38 degrees 40 minutes East 500 feet from a pomt in lhccenter line of U.S. Highways 74 and 76, said point in said centerline of said highways being located North 51 degrees 20 minutes West 1731 feet from the intersection of the center line of said highways with the western right of way line of the old WB&S Railroad (now abandoned), said beginning point also being the most northwesterly corner of a tract of land conveyed by Marie Plowden and Minnie Plowden Oemmon to Bertha Lisle rwidow of Jesse J. Little, and from said Beginning Point runningitfence South 5 Ldegrees 20 minutes East parallel with the center line of said U. S. Flighy'vaysr74�and 7pand also.the nonhern line of the said Bertha Little's tract of land 300.fcefto Bertha°Lisle's comer in the westerly line of a tract of land formerly conveyed to R. M. Meeks; running [hence North 38 degrees 40 minutes East and along said Meeks' westerly line 639 feet, more or less, to said Meeks' northwestern comer in the most northerly line of the tract of land conveyed to Margaret L. Plowden by deed duly recorded in Book 40, Page 579, in the Office of the Register of Deeds of Brunswick County;.running thence North 51 degrees 20 minutes West and along said Margaret L. Plowden ?most northerly, hneT`004iict to the northwesterly comer of the tract of land so conveyed to Margaret L?Plowden; running thence South 38 degrees 40 minutes West along,�sdMnrgare`t L. Plow•den;stwesterly line and with the easterly line of said 22.7 foot wide roadtvay639,feett;,,mom or less to the Point of Beginning. TRACT T W O: BEING a parcel of property lying in the Town of Lcland,.Brunswick County, North Carolina; and being more particularly, described as: -Beginning ginning at a point located the following two (2) bearings and distances front the intersection of the eastern boundary of Village Road, a 100' public rightlof.=way, with the M undary of Dresser Lane, a 60' public right-of-way: (1) Nonh 51 degrecs`NZinutes 49 seconds West, 269.62 feet; thence (2) North 38 degrees 38 minutes 19 seconds G st 449.57 feet; and running thence from that Beginning Point, North 38 degrees 34 minutes 09 seconds Fast, 605.44 feet to a point; thence South 51 degrees 14 minutes 07 seconds East, 101.52 feet to a point at the northweslem comer of Lot 9, Woodburn Acres, a subdivision recorded among the land records of the Brunswick Coumy�Registry in Map Book 5, it Page 34; thence with the i • h-A l e northwestern line of that division,'Suuth 38,degrees 39 mmutes 15 seconds West, 605.08 r• r feet to a point; thence, North 51 degrees 26'minUies 29 seconds West, 99.46 feet to the point and lace of beginning, �Virtaining 61 176. uarerefie of 1.404 acres; more or less. Po P _ 8 __��4,qYCZ1QZ Also included in the transfer is an casement for access and utilities from the northeastern boundary of Village Road to the subject tract, being mom particularly described as: [Pg94nd ��srnd I��I����������{ � �������r B2860 PO LL: :�� a 2 Beginning at a point located North 51 degrees 1 mutes 49 seconds West, 269.62 feet from the intersection of the eastern boundary of Village Road, a 100' public right-of-way. with the northern boundary of Dresser Lane, a 60' public right of way; and running thence from that beginning point, North 38 degrees 38 minutes 19 seconds East, 449.57 leer, thence South 51 degree§ 26a inures 29 secondsrFazt,130.00 feet to a point; thence South 38 degrees 38 minutes 19 seconds West; 44959 fectt6 a point in the northeastern boundary of Village Road; thencc.wiih'thal'right:of-way. North 51 degrees 19 minutes 49 eor0310 acres, more or lessof e porn[ anrJp of Rgginning, containing 13,487 square feet, SAVE AND EXCEPTING THE FOLLOWING PREVIOUSLY CONVEYED TRACTS: 1-met I: Unit 1, Grove landing Condominiums. Phase I, Building 1, as the same is shown on a plat or plats thereof rcco�ded,in Condominium.PlattBook I I at Page 375, of the Brunswick County Registry as conveyed bydeed recorded-tn Book 2682, at Page 0620 of the Brunswick County Registry-refcrenccjto wlnch,is hereby made for a more particular description. DUu`�(//,nr C ,Z Tract 2: Unit 2, Grove Landing Condominiums, Phase 1, Building I, as the same is shown on a plat or plats thereof recorded in Condominium Plat Book I I at Page 375, of the Brunswick County Registry as conveyed by deed recorded in Book 2682, at Page 0702 of the Brunswick County Registry, reference to which is hereby made for a more particular description.4 frr �57ll- n Tract 3: Unit 3, Grove Landing C3ndominniiiu'ms. Phuslel��j;-,131p lding I, as the same is shown on a plat or plats thereof recordcd'in Condotninium-,Plat Book I lat Page 375, of the Brunswick County Registry as conveyed by deed recot0pd in Book 2682, at Page 0780 of the Brunswick County Registry, reference to which is hereby made for a more particular description. Tract 4: Unit 4, Grove Landing;Condominiums, Phase 1,, Building 2, as the same is shown on a plat or plats thereof recorded in-Condominium'PI'aNBooke I lat Page 375, of the vc•-oi=rrr.,d Brunswick County Registry as conveyed bydeed:recorded in 2682, at Page 0913 0( the Brunswick County RegistryPra(rien'ce to whic_ h!gtliF 'Gy%made for a more particular description. n Tract 5: Unit 5, Grove Landing Condominiums. Phase 1, Building 2, as the same is shown on a plat or plats thereof recorded in Condominium Plat Book I lat Page 375, of the Brunswick County Registry as conveyed by deed recorded in Book 2682, at Page 0969 of the Brunswick County Regis4p reference to which is. hereby made for a more particular description. no Tract 6: Unit 6, Grove Landing Co nmS..PFias'�"Buil'tling 2, as the same is shown on a plat or plats thereof recorded in Condominiurn0att Book I lat Page 375, of the Brunswick County Registry as conveyed by deed recorded in Book 2682, at Page 0942 of 1 [ro g.�& ug �� 1111101JckC11111n1�1111R11111t1 ? m,a � the Brunswick County Registry, reference towhich hereby made for a more particular description. Tract 7: Unit 7, Grove Landing Condominiums, Phase I, Building 3, as the same is shown on a plat or plats thereof recorded in Condominium Plat Book I I at Page 375, of the Brunswick County Registry as conveyed by, deed r cordc°dtinBook 2682, at Page 1015 of Ibu ��no.. the Brunswick County Registry, m�� on whhich'is hereby made for a more particular description. U Tract 8: Unit 8, Grove Landing Condominiums, Phase I, Building 3, as the same is shown on a plat or plats thereof recorded in Condominium Plat Book I 1 at Page 375, of the Brunswick County Registry as conveyed by deed recorded in Book 2682, at Page 1043 of the Brunswick County Regislrv, reference to which is hereby made for a more particular description. n (j Tract 9: Unit 9, Grove Landing mimumms, P��.�Building 3, as the same is shown on a plat or plats thereof recorded,m Condominium flat Book 1 I at Page 375, of the Brunswick County Registry as conveyed by deed srecorded in Book 2682, at Page 0754 of the Brunswick County Registry, reference to which is hereby made for a more particular description. Tract 10: Unit 10, Grove Landing Condominiums, Phase 1, Building 4, as the same is shown on a plat or plats thcreotrecorded in Condominium Plat Book I I at Page 375, of the Brunswick County Registry as .conveyed by deed recorded inBook 2682, at Page n.n i- I r u Lj , 0841 of the Brunswick County Regtstry,lreference Ap;whic�s hereby made for a more particular description. Tract 1 I: Unit 11, Grove landing Condominiums, Phase 1. Building 4, as the same is shown on a plat or plats thereof recorded in Condominium Plat Book I I at Page 375, of the Brunswick County Registry as conveyed by deed recorded in Book 2682, at Page 0648 of the Brunswick County; Registry, reference to which -is hereby made for a more qi particular description. d Tract 12: Unit 12, Grove Landing Cno�ndo�,�Rbase'-1,".BLilding 4, as the same is t• � - r r�".u,.- _ shown on a plat or plats thereof recorded in Condominium Plat Book I I at Page 375, of the Brunswick County Registry as conveyed by deed r `'recorded in Book 2682, at Page 0728 of the Brunswick County Registry, reference to which is hereby made for a more particular description. Tract 13: That 0.16 acre tract conveyed in deed recorded in Book 2759, at Page 0315 of the Brunswick County Registry aad,beiinng,5momspi2hcaily described as follows: n Lying and being in the Town ofjLcland; Bmnswic0Ce"iunty; North Carolina, about 0.12 mile northeast of Village Road, southeastvof Sliddy(CrovYe Lane, and bounded by other lands of the original tract of which this is a part on all std'es. UV U ` tA'r.�c£PTFGwA`a M il�kIC��IyMeRsgist- Of 0-0 Pag-'70�3,� BEGINNING at a point near the centerline of an exisstti g asphalt drive, said point being located North 49 degrees 07 minutes 07 seconds Fast 114.13 feet from the southwest comer of the original tract of which this is a part, said southwest comer being located North 36 degrees 48 minutes 48 seconds East 498.67 feet from a mag nail set near the pavement centerline interscotion_�f Village Road and.ShadytGrove Lane, and runs thence from said point of beginning North*35 deg=,s,29 mi'uie°s 03'seconds East 114.80 feet to a calculated point; thence South.54,'degrees 48 mi minutes 25 seconds East 61.33 feet to a calculated point, thence South�J degreesjlvlminu 33'5 sseconds West 115.11 feet to a calculated point near the centerline of an exisu f aasphalt drive; thence North 54 degrees 31 minutes 16 seconds West 61.92 feet to the point of beginning containing 0.16 acre, more or less, subject to and including any rights of ways or easements of record (see Condo Book 11, Page 375). N, � Tract 14: That 0.18 acre tract conveycd,imdeed'recorded in Book 2759, at Page 0315 of v it e3—. the Brunswick County Regis U ud beih� ore specs—lieallytdescribed as follows: Lying and being in the Town of Leland, Brunnsswi&, County, North Carolina, about 0.12 mile northeast of Village Road, southeast of but not adjoining Shady Grove Lane, and bounded by other lands of the original tract of which this is a pan on all sides. BEGINNING at a point near the centerline of an existing asphalt drive, said point being located North 49 degrees 07 minutes seconds Easti P114Uyeet and South 54 degrees 31 minutes 16 seconds East 61.92 feet:from i. it Is'o' UlhWCSt comer of the original tract of which this is apart, said southw'is^t comer. Wing Iocated,Norlh 36 degrees 48 minutes 48 seconds East 498.67 feet from -a mag nail�set'(n�enr%the.pavement centerline intersection of Village Road and Shady Grove Lane, and runs from w tt'point of beginning North 35 degrees I I minutes 35 seconds East 115.11 to a calculated point; thence South 54 degrees 48 minutes 25 seconds East 67.38 feet to a calculated point; thence South 35 degrees 29 minutes 03 seconds West 115.45 feet to a calculated point; thence North 54 degrees 31 minutes 16 seconds West 66.7 ,,feet to the point of beginning containing 0.18 acre, more or less, subject to and including anyirighis of-wayssr ascmints of record (see Condo Book 11, Page 375). g 0 U�J iroersaQFY=M ;i _. SUBIEC7"f0 that Declaration of CondoAmmmm.for Grove Landing Condominiums recorded in Book 2603, at Page 0694 Mthe Brunswick County Registry. D M M�co ftdc III Clemsons PROP Nllllllllllilllllll 03202 P1116 f0-32-50�00] ertntla 8. io Co,nty, NC Fagistar of Daads page 2 of 8 WHEREAS, First Bank is entitled to and is to be paid the proceeds of any sale of the real property described herein pursuant to the terms of the Purchase and Assumption Agreement; NOW, THEREFORE, for 6� and valuablercons��tle_iaon paid to First Bank by Grantee, the receipt and sufficiency ofiic 'u�}i rymcwkrtowledged, Grantor does hereby grant, sell and convey unto Gran(ee; Cf�OUTICOVF,I±ja1,'rrREPRESENTATION OR WARRANTY OF ANY KIND dR TURitRAXPRF�S�S, XIMPLIED, or any warranties which might arise by common law or be created by statue, s the same my be amended or modified, which are hereby expressly excluded, all of Grantor's right, title and interest in that certain property situated in Currituck County, North Carolina and more particularly described as follows: SEE ATTAC EX JBITVC TO HAVE AND TO roperty,76ga- HO(#t$egafofGyG d,, er with all casements, tenements, privileges and appurtenances thereon beYfiRgir, subject to all liens, exceptions, easements, rights -of -way, covenants, conditions, restrictions, reservations, encroachments, protrusions, shortages in area, boundary disputes and discrepancies, matters which could be discovered or would be revealed by, respectively, an inspection or current survey of the property described herein, encumbrances, impositions (monetary and otherwise), access limitations, licenses, leases, prescripti,,ye rights, rights � n possession, right of tenants, co -tenants, or other co -owners, and anNd Ikotfie tS � r conditions affecting the property described herein, as well -iris 6i144 if�'ee�, res 11, es, and assessments on the property described herein, for the current yeaiU.#,,p ff d subsequent years, and subsequent taxes and assessments for prior years due to change in lWd,'dsage or ownership, and any and all zoning laws, regulations, and ordinances of municipal and other governmental authorities affecting the property described herein (all of the foregoing being collectively referred to as the "Permitted Encumbrances"). Grantee, by acceptance of delivery of this Receiver's Deed, assumes and agrees to perform alf Grantor's obligations under the Permitted Encumbrances. FURTHER, GRANTEE, ��BY A( EP(fT��tjC119QL (VERY OF THIS RECEIVER'S DEED MAK, ACKNOWLEDGES AND SPEC[F'iCA2E9 THAT (v)JG `TOND A DISCLAIMS MADE DOES ANY NOTCNE n REPRESENTATIONS, WARRANTIES, PROMISES, �ENANTS, AGREEMENTS, OR GUARANTIES OF ANY KIND OR CHARACTER WHATSOEVER, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, PAST, PRESENT OR FUTURE, OF, AS TO, CONCERNING, OR WITH RESPECT TO (A) THE VALUE, NATURE, QUALITY, OR CONDITION OF THE PROPS Y DESCRIBED I-1 INCLUDING, WITHOUT LIMITATION, THE WATER, S AN13 r,,GE� B THE INCOME TO BE DERIVED FROM THE PROPERTY',, Rip REIN, (C) THE SUITABILITY OF THE PROPERTY DESCRIBEDCH REB� 1L ACTIVITIES AND USES WHICH GRANTEE MAY CONDUCT THE�REi`S� ��HE COMPLIANCE OF OR BY THE PROPERTY DESCRIBED HER OR ITS OPERATING WITH ANY LAWS, RULES, ORDINANCES, OR REGULATIONS OF ANY APPLICABLE GOVERMENTAL AUTHORITY OR BODY, (E) THE OWNERSHIP, TITLE, POSSESSION, HABITABILITY, MERCHANTABILITY, MARKETABILITY, PROFITABILITY, OR FITNESS FOR A "Ico �a�aMvzilk ujj�Oo 0rmda A. Clemm 1�%118 ear^IY. NC Raglalar ,r ga.da page 3 a Of a PROP PARTICULAR PURPOSE OF THE PROPERTY DESCRIBED HEREIN, (F) THE MANNER OR QUALITY OF THE CONSTRUCTION OR MATERIALS, IF ANY, INCORPORATED INTO THE PROPERTY DESCRIBED HEREIN OR ANY PORTION THEREOF OR ANY IMPROVEMENTS THERETO,�,G) THE EXISTENCE, QU ITY, NATURE, ADEQUACY, OR PHYSICAL CONDITION'4h/N Y gTt�LTt t[SFRVING THE PROPERTY DESCRIBED HEREIN, OR (H) QE fr ER WITH RESPECT TO THE PROPERTY DESCRIBED HE EIN'-�S'P CIFLGhL^7�,�Q'HAT GRANTOR HAS NOT MADE, DOES NOT Xkfi, A�Nb�G�uS �1CALLY DISCLAIMS ANY REPRESENTATIONS REGARDING COMPLIANC�VITH ANY ENVIRONMENTAL PROTECTION, POLLUTION, OR LAND USE LAWS, RULES, REGULATIONS, ORDERS, OR REQUIRMENTS, INCLUDING, WITHOUT LIMITATION, THE DISPOSAL OR EXISTENCE IN OR ON THE PROPERTY DESCRIBED HEREIN, OF ANY HAZARDOUS MATERIALS; (ii) GRANTEE FULLY INSPECTED HE PROPERTY DESCRIBED HEREIN AND THAT THE CO NC I�6'�G'L�RY HEREUNDER OF THE PROPERTY DESCRIBED HERFIIN�'(� `11�AS IIS� A`ND "WITH ALL FAULTS", AND GRANTOR HAS NO OBLIPi.AT�lU�v/t(�,�pL�'[�REPAIR, OR IMPROVE THE PROPERTY DESCRIBED HEREIN OR XKYC;ki gRTION THEREOF OR ANY IMPROVEMENTS THERETO; AND (iii) NO WARRANTY HAS ARISEN THROUGH TRADE, CUSTOM, OR COURSE OF DEALING WITH GRANTOR, AND ALL STATUTORY, COMMON LAW, AND CUSTOMARY COVENANTS AND WARRANTIES, IF ANY, OF WHATEVER KIND, CHARACTER, NATURE, PURPOSE, OR EFFECT, WHETHER EXIT" OR IMPLIED` &KQ ArRISING BY OPERATION OF LAW, ARE HEREBY EXPRESSLi�+�t+l..E,��O�'�'CCION"AELY , AND IRREVOCABLY WAIVED, DISCLAIMED, A p n�� UDE6 ,F,�Rgjkl,THIS RECEIVER'S DEED, NOTWITHSTANDING ANY �G'[4ST0 O(t$�'`, T�CE TO THE CONTRARY, OR ANY STATUTORY, COMMON, LAW, DECISION s, 4iiSTORICAL, OR CUSTOMARY MEANING, IMPLICATION, SIGNIFICANCE, EFFECT, OR USE OF CONTRARY IMPORT OF ANY WORD, TERM, PHASE OR PROVISION HEREIN. Further, by acceptance ofgelivery of this Receiver's De Grantee or anyone claiming by, through, or under Grantee, here'" IIQIy releases �, ntployees, officers, directors, representatives, and agents from any and` �Il�otn(�1aes, liabilities, damages, expenses, demands, actions or cause of actin���t�}i�lif�iiy now ha p&,,baeefter acquire, whether direct or indirect, known or unknown, suspEet� or on1'��p�� �!�gidated or contingent, arising from or relating to the property described herein in any manner wlSatsoever. This covenant releasing Grantor shall be a covenant running with the property described herein, and shall be binding upon Grantee, and Grantee's successors and assigns. The fact that certain encumbrances, limitations, or otl} r matters or conditions may be mentioned, disclaimed, or excepted m way herein wh tItES��pecrfirally or generally, and whether in the body hereof or any a r3lhli`t(bYe a covenant, representation or warranty of Grantor as to any enc i �� iTitatioltsa�ormyFather matters or conditions not mentioned, disclaimed or excepA. otwith tsi R - g herein to the contrary, however, nothing herein shall be construed or deemed as an admis o y Grantor or Grantee to any third party of the existence, validity, enforceability, scope, or location of any encumbrances, limitations, or other matters or conditions mentioned, disclaimed, or excepted in any way herein, and nothing shall be construed or deemed as a waiver by Grantor or Grantee of its �� Q M=U uty. NC R"ist. f D.. 1118ft .f aP0 respective rights, if any, but without obligation, to challenge or enforce the existence, validity, enforceability, scope, or location of same against third parties. Grantee, by acceptance oLdelivery of this Receiver's Deed, hereby assumes the payment of all ad valorem taxes, sfanrlb fees, and gen� arld�Fpecial assessments of whatever kind and character affecting the prop �{ b�.,t�heie¢which are due, or which may �� f become due, for any tax year or �s e� �nt,{�eriod ptip�flF,�PhWuent to the effective date of this Receiver's Deed, including, W� t ut limtia1low-j3 or assessments becoming due by reason of a change in usage or ownership, or both, of t�IS0operty described herein. All consideration paid by Grantee for the property described herein is to be paid to First Bank pursuant to the terms of the Purchase and Assumption Agreement. IN WITNESS WHEREOF;`Grantor has duly Ginter i; Receiver's Deed as of the day and year first above written. �^ r rj] �77 FEDEWD QSj,54(N,AURANCECORPORATION, as R tver f OOPE1RA UIE BANK D. Smith, Attomey-in-Fact STATE OF NORTH CAROLINA, 1, ' Public, do hereby certify that Jennifer D. Siott, P/k/a Jennifer D. Smith ersonally apcued before me this day, and acknowledged that she executed the foregoing instrument for and on behalf of the FEDERAL DEPOSIT INSURANCE CORPORATION, as Receiver for COOPERATIVE BANK, pursuant to the terms of a Limited Power of Attorney recorded in Book 3167, Page 1333, in the Brunswick County Registry. 66 „ n L WITNESS my hand and Uji 44'.v�IDffGP�t�4 U000 a� ��jl� ����I�I I���I���1����r 63202of dM. cl...o�. s page 5 ofePZ EXHIBTf "A" TRACT ONE: BEGINNING at the point in the eastroad), sai�*inbrnl 'awe of a 22�f {osd�Way rvnniag northwa�ly from U.S. Highways 74 and 76 (now Village emgjocril&iMorth 38 degrees 40 minutes East 500 feet from a point in the center line ofiU; ,Hig})ti�aXs�l/4 an$�7,¢;,�paidpQipt in said centerline of said highways being located North 51 d M miAme4'Nast O 1 feet from the intersection of the center line of said highways with the western right of way line ot�t a&,WB&S Railroad (now abandoned), said beginning point also being the most northwesterly comer of a tract of land conveyed by Marie Plowden and Minnie Plowden Lemmon to Bertha Little, widow of Jesse J. Little, and from said Beginning Point running thence South 51 degrees 20 minutes Past parallel with the center line of said U.S. Highways 74.and 76, and also the northern line of the said Bertha Lit0e's tract of land 300 feet to Bertha Little's comer in the westerly-i(ge of a tract of land foml<r1T,,eDnveycd to R.M. Meeks; naming thence North 38 degrees 40 minutes EwVkulfalon "4Eiteify line 639 feet, more or less, to said Meeks' northwestern comer N the tftdy`t' toP'l�e tract of land conveyed to Margaret L. Plowden by deed duly recorded in Sock �Pa �79, in thecOfeMilre, Register of Deeds of Brunswick County; running thence Noih 51 de t�r��+wt and along said Margaret L. Plowdrn's most northerly line 300 feet to dre northwesterly corner -of the tract of land so conveyed to Margaret L. Plowden; running thence South 38 degrees 40 minutes West along said Margaret L. Plowden's westerly line and with the easterly line of said 22.7 foot wide madway 639 feet, more or less to the Point of Beginning. TRACT TWO: �� 4 BEING a parcel of property lying in Ute-"[ f iklhnd; ik County, North Carotins; and being mom particularly described w; I3cg�n�` a)y� tte,drt��lifi'w(itg two (2) bearings and distances from the intersection of the eastern boundary of ViYfagt?' Q; 1Q0' public rightof-way, with the northern boundary of Dresser Lane, a 60' public right-of-way; (I f North 51 degrees 19 minutes 49 aeconds West 269.62 feet; thence (2) North 38 degrees 38 minutes 19 seconds East 449.57 feet; and running thence from that Beginning Point North 38 degrees 34 minutes 09 seconds East 605.44 feet to a point; thence South 51 degrees 14 minutes 07 seconds East, 101.52 feet to a point at the northwestern comer of Lot 9, Woodburn Acres, aimbdivision recorded among the land records of the Brunswick County Registry in Map Book 5, Page 34 a with $e� yleiu line of that division, South 38 degrees 39 minutes 15 seconds West, 605.toa t; th' North 51 degrees, 26 minutes 29 seconds West 99.46 feu to the po' t and}nlb'e'��w't9wt,tain �tg 61,176 square feet or 1.404 acres, more or less. f� (19'�'OQ Also included in the tramfer is an easement for access and utilities the northeastern boundary of Village Road to the subject tract being more particularly described as! Beginning at a point located North 51 degrees 19 minutes 49 seconds West 269.62 feu from the intersection of the castem boundary Village Road, a 100' public!�.r�i t�of-way, with the northern boundary of Dreamer Lane, a 60' public of way;A O*c from that beginning point, North 38 degrees 38 minutes 19 seconds^ ,�(4371��C•' atSouth 51 degrees 26 minutes 29 seconds Past, 30.00 feet to a point; eta am nih��8 degrw7,�9;pug1t34pgy19 seconds West, 449.59 feet to a point in the northeastcrn bourdar}+OLVillaga Road°p¢eaa�with that right-of-way, North 51 degrees 19 minute 49 seconds West 30.00 feet to the point and Plare`dfr'b'uiu" sing, containing 13,487 square feet, or 0310 acre, more or less. 0O���W iuiiii�iiiiir 83202 P1180 apM3 EXHIBIT "A" n n l SUBJECT TO that Declaration ofCond itigyum pr fii I `IF�54eng- ndominiums recorded in Book 2603, Page 699, of the Bttutswick Clounty�I��v __IER T RIUIE,., . -- SAVEAND EXCEPT TRACTS RETOFO C'(-S'N�TE'�D. &1b z `ram (nonQp� &,Waq �z 0 �W^�Q ��Q�hhff^UUUn "ter' fT. �G ��aI[�i� ► u,11111ptiliIU za2 P1181 14 33:50.003 (�(J 10-30-30.0 rl fl W �8�- Br�v,�ryrµy+h ands n. elemarw P00P v M s�&'- Paga 7 of a Exhibit "A" INCLUDING THE FOLLOWING UNITS LOCATED ON SAID PROPERTY: 1 as the same is shown �P Tract l: Unit 1, Grove Landingmiun�;r? rfasq,� Building on a plat or plats thereof recorded-iu� u Ia[ Book 11 at Page 375, of the L cj�ee3 recur" "d to Book 2682, Page 620 of the Brunswick County Registry �o&S Iyed Brunswick County Registry, reference to w1rch T..ffl��.,y made for a more particular description. Tract 2: Unit 2, Grove Landing Condominiums, Phase 1, Building I as the same is shown on a plat or plats thereof recorded in Condominium Plat Book l I at Page 375, of the Brunswick County Registry as"igveyed by deed mcp dSdBook 2682, Page 702 of the Brunswick County Registry, refere'f� to wh�tEh rtR y made for a more particular description. U Tract 3: Unit 3, Grove Landing C`lonndom2n2uur&s � g it�e- ; Building 1 as the same is shown on a plat or plats thereof recorded in Condominium Plat Book 1 I at Page 375, of the Brunswick County Registry as conveyed by deed recorded in Book 2682, Page 780 of the Brunswick County Registry, reference to which is hereby made for a more particular description. dr" A� Tract 4: Unit 4, Grove Landing Colo�'cjo irtititnyP rBudding 2 as the same is shown on a plat or plats thereof record"ed fn oniimul�}; J,j[ _ok I 1 at Page 375, of the Brunswick County Registry as�Va�veyed`iijr%d , e ggr��ded m Book 2682, Page 913 of the Brunswick County Registry, reference to which ismade for a more particular description. Tract 5: Unit 5, Grove Landing Condominiums, Phase 1, Building 2 as the same is shown on a plat or plats thereof recorded in Condominium Plat � k l l at Page 375, of the Brunswick County Registry as c ed byye� ` d//te o d�ec4 im Book 2682, Page 969 of the Brunswick County Registry, refeI,,ItoGw"IueiSK�reby made for a more particular description. vuvv�9aOL��,�la Tract 6: Unit 6, Grove Landing Condominiums, Phase 1, Building 2 as the same is shown on a plat or plats thereof recorded in Condominium Plat Book I l at Page 375, of the Brunswick County Registry as conveyed by deed recorded in Book 2682, Page 942 of the Brunswick County Registry, reference to which is hereby made for a more particular description. r' k�n cg n n I I Ni, Do I aas< OTMAa womzQzc� Isle n n UUvv Mtr�G6P uVl. V �N'oa�pQf�, CO�kIICjI[IitllNitillty lllllllllilll20? Piisz3:=a'� Exhibit "A" Tract 7: Unit 7, Grove Landing ondominiums, Phased ,giWing 3 as the same is shown on a plat or plats thereof recorde�d'�i'' ondo rttfr�l t71 k I 1 at Page 375, of the � w Brunswick County Registry as ,�'g�5V Ly de Z rded in Book 2682, Page 1015 of the Brunswick County Registry; r�fdtt`Jirce,yhicW s h¢r made for a more particular description. UG3� Tract 8: Unit 8, Grove Landing Condominiums, Phase 1, Building 3 as the same is shown on a plat or plats thereof recorded in Condominium Plat Book I I at Page 375, of the Brunswick County Registry as conveyed by deed recorded in Book 2682, Page 1043 of the Brunswick County RegisiNirrference to which_' 1f made for a more particular description. nn� � I� Tract 9: Unit 9, Grove Land'r rigLol ri mlt], �,Pka"�se �;r`B�u Iding 3 as the same is shown on a plat or plats thereof recorded in CondominiGWUmook 11 at Page 375, of the Brunswick County Registry as conveyed by deed recorded in Book 2682, Page 754 of the Brunswick County Registry, reference to which is hereby made for a more particular description. Tract 10: Unit 10, Grove Lan ndominium7,�Pbi 1 Building 4 as the same is shown on a plat or plats thereof recorrdd 04 rdtmni tat Book 11 at Page 375, of the Brunswick County Regis �d d inBook 2682, Page 841 of the Brunswick County Regis referenc�to Syh} kis'�he�reby made for a more particular description. Tract 1 L Unit 11, Grove Landing Condominiums, Phase 1, Building 4 as the same is shown on a plat or plats thereof recorded in Condominium Plat Book 11 at Page 375, of the Brunswick County Registry as conveyed by deed re or�Ttfd in Book 2682, Page 648 of the Brunswick County Registry7t 5,qx t2whi �f`s��tcP�6j�made for a more particular description. „ n O w msa�� Tract 12: Unit 12, Grove Landing Condom'�rii f�`Yff;�P 1, Building 4 as the same is shown on a plat or plats thereof recorded in Condominum Plat Book 11 at Page 375, of the Brunswick County Registry as conveyed by deed recorded in Book 2682, Page 728 of the Brunswick County Registry, reference to which is hereby made for a more particular description. rn DR --...