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HomeMy WebLinkAboutSW8970314_HISTORICAL FILE_20230824 STORMWATER DIVISION CODING SHEET POST-CONSTRUCTION PERMITS PERMIT NO. SW8 g703lq DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS G7' HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE )i)a3 06 aq YYYYMMDD -'AB Carleton Place Townhomes Homeowners Association Z Minutes of the December 17, 2022 Board Meeting 4 3A1333 Board Members Present via Zoom Teleconferencing Technology: Arthur Brown, Christy DeFrance, Edythe Ledbetter, Sean Sposeep, and Chris Blake, Partner, Community Solutions Southeast. 2023 Board Member Elect Bo Dean was also present. Call to Order by President Sean Sposeep at 10:04am. Quorum certified. No vote on the reading of and vote to approve the minutes of the October 15, meeting was held and will be held either via email or the January 2023 meeting. Financial Review Treasurer Ledbetter reviewed current financials including revenues and expenditur,es No Board action taken. J: Meeting Topics Parking On Grass Second Violation Letters were issued to Units 3,8,9,35 and 5126 for parking on grass in violation of Carleton rules. A motion to impose a $50 fine for each violation was made by Mr. Brown, seconded by Ms. DeFrance, and passed unanimously. Garage Door Open Second violation letters were sent to Units 22 and 5327 for leaving garage doors open when unattended and not for ingress and egress in violation of Carleton rules. A motion to impose a fine of$50 for each violation was made by Mr. Brown, seconded by Mrs. Ledbetter, and passed unanimously. Trash Cans Left in Alley Motion to assess a $50 fine to units 5306 and 5340 for second notice of trash cans left in the alley in violation of Carleton rules and regulations by Mr. Brown, seconded by Mrs. Ledbetter, and passed unanimously. The Board agreed to waive the fine for Unit 43 based on the new owner's efforts to remove a problem tenancy. Number of Renters Motion to assess a $100 fine to Unit 329 for exceeding the unit occupancy rule in violation of Carleton rules. The owner was notified twice and has yet to cure the violation. The owner's property manager, Sheri King, was permitted to make a statement regarding efforts to remediate the violation however President Sposeep stated to Ms. King the HOA or the management company does not interface with property managers or tenants and owners are 1 P iiolelyrre spans for the action of their co-occupants, tenants, and any guests . The motion to fine was put fo lard by Mrs. Ledbetter, seconded by Ms. DeFrance and passed unanimously. �FIA Unit 57 The Board discussed a concern brought to the Board's attention regarding the tenant occupants Unit 57 involving a potential social services department matter and potential law enforcement matter which negatively impacts the quality of life and property values of other residents and owners living nearby. The owner will be contacted. Unit 53 Backyard No Board action as ARC application is still pending awaiting further details from the homeowner who will be contacted. Motion to assess a $50 fine to unit 153 for second notice of improper storage of grill in violation of Carleton rules and regulations by Mr. Brown, seconded by Mrs. Ledbetter, and passed unanimously. Landscape and Regional Security Contracts The Board affirmed by voice, the previous email vote in favor of the 2023 Landscape Contract with Trinity Landscaping and the 2023 Rules Monitoring and Enforcement Contract with Regional Security. Motion to adjourn by Mr. Brown, seconded by Mrs. Ledbetter passed unanimously at 11:45am The 2023 Carleton Place Townhomes Association Board of Directors convened after the regular December 17, 2022 Board meeting to elect officers for 2023. Officers elected unanimously are as follows: President—Sean Sposeep Vice-President— Bo Dean Secretary—Arthur Brown Treasurer— Edythe Ledbetter A motion by Sean Sposeep to appoint Jeannie Degaetano to fill a Board vacancy was seconded by Mr. Dean and passed unanimously. 2 Inman, Logan W From: Chris Blake <chris@csshoamgt.com> Sent: Thursday, August 24, 2023 12:01 PM To: Inman, Logan W Cc: Smith, Ashley M Subject: RE: [External] RE: Post Construction Storm Water Permit SW8970314 Attachments: Carleton Minutes 12-17-22 .pdf CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the Report Message button located on your Outlook menu bar on the Home tab. Good Morning Logan, Please find attached the minutes from the meeting dated 12/17/22. You can see at the bottom of the minutes, the Board organized for 2023 with the Board positions. Please let me know if you need anything more. Chris Blake — Partner 1213 Culbreth Drive Wilmington,NC 28405 (910)799-9779 p(910)408-3396 f www.csslioamet.com ".411 the darkness gjthe world cannot pul out the light of one.small candle."Anonvntous From: Inman, Logan W<logan.inman@deq.nc.gov> Sent:Thursday, August 24, 2023 9:13 AM To: Chris Blake <chris@csshoamgt.com> Cc:Smith, Ashley M <ashleym.smith@deq.nc.gov> Subject: RE: [External] RE: Post Construction Storm Water Permit SW8970314 Good Morning, Mr. Blake Yes, an emailed copy of the meeting minutes would suffice. I can print it off here and keep the physical copy on file. Thank you! Logan Inman Stormwater Permitting Assistant, Wilmington Regional Office Division of Energy, Mineral and Land Resources—Post Construction Stormwater Program North Carolina Department of Environmental Equality Office: (910)—796—7318 Email: logan.inman@deg.nc.gov 1 Address: 127 Cardinal Drive Ext., Wilmington, INC, 28405 NORTH CAROUNAMEQ�- �/ Depar *I Environm Ul Dual\ /' Email correspondenceettol and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Chris Blake <chris@csshoamgt.com> Sent: Wednesday, August 23, 2023 4:33 PM To: Inman, Logan W<losan.inman(a@deg.nc.gov> Cc: Smith, Ashley M <ashleym.smith@deg.nc.Rov> Subject: [External] RE: Post Construction Storm Water Permit SW8970314 CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the Report Message button located on your Outlook menu bar on the Home tab. Good Afternoon Logan, Would the meeting minutes of the Organization prove his position of President. There is no paperwork filed with the State to prove this. Please advise if an emailed copy would suffice or a mailed copy? Chris Blake —Partner 1213 Culbreth Drive Wilmington,NC 28405 (910)799-9779 p(910)408-3396 f www.csshoametcom `All the darkness of the world cannot put out the light ofone small candle."Anoaqmous From: Inman, Logan W<Iogan.inman@deg.nc.eov> Sent: Wednesday, August 23, 2023 3:52 PM To: Chris Blake <chris@csshoamgt.com> Cc:Smith, Ashley M <ashleym.smith@deg.nc.gov> Subject: Post Construction Storm Water Permit SW8970314 2 Inman, Logan W From: Inman, Logan W Sent: Thursday, August 24, 2023 9:13 AM To: Chris Blake Cc: Smith, Ashley M Subject: RE: [External] RE: Post Construction Storm Water Permit SW8970314 Good Morning, Mr. Blake Yes, an emailed copy of the meeting minutes would suffice. I can print it off here and keep the physical copy on file. Thank you! Logan Inman Stormwater Permitting Assistant Wilmington Regional Office Division of Energy, Mineral and Land Resources—Post Construction Stormwater Program North Carolina Department of Environmental Equality Office: (910)—796—7318 Email: logan.inman@deg.nc.gov Address: 127 Cardinal Drive Ext., Wilmington, NC, 28405 NORTH CAROUNAD E Q1 DepaNnent of r WronmmnUl Qua Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Chris Blake <chris@csshoamgt.com> Sent: Wednesday, August 23, 2023 4:33 PM To: Inman, Logan W <logan.inman@deq.nc.gov> Cc:Smith, Ashley M <ashleym.smith@deq.nc.gov> Subject: [External] RE: Post Construction Storm Water Permit SW8970314 CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the Report Message button located on your Outlook menu bar on the Home tab. Good Afternoon Logan, Would the meeting minutes of the Organization prove his position of President. There is no paperwork filed with the State to prove this. Please advise if an emailed copy would suffice or a mailed copy? Chris Blake — Partner I • J 1213 Culbreth Drive Wilmington, NC 28405 (910)799-9779 p(910)408-3396 f www.csshoam=t.com "All the darkness of the world cannot put out the light of one small candle."Anonymous From: Inman, Logan W<logan.inman@deq.nc.gov> Sent: Wednesday, August 23, 2023 3:52 PM To: Chris Blake <chris@csshoamgt.com> Cc:Smith, Ashley M <ashleym.smith@deg.nc.gov> Subject: Post Construction Storm Water Permit SW8970314 IRONSCALES couldn t recognize this email as this is the first timeyou received an email.from this , 'sender lo-'-'pinyman@deq nc gov., ' .. '.. .. ..,`sic.. .... r, .... . :..._. , Greetings, Attached is a pdf of the first request for additional information for the subject project. Please pay special attention to the due date in the letter, which is September 25", 2023, and in accordance with 15A NCAC 02H. 1045(4)(a)(i).As noted in the letter, if all the requested information cannot be provided by this due date, the application will need to be returned in accordance with 15A NCAC 02H. 1045(4)(a)(ii) to allow for any additional time needed. Please let me know if you have any questions or concerns. Thank you! Logan Inman Stormwater Permitting Assistant, Wilmington Regional Office Division of Energy, Mineral and Land Resources—Post Construction Stormwater Program North Carolina Department of Environmental Equality Office: (910)—796—7318 Email: logan.inman@deg.nc.gov 2 Address: 127 Cardinal Drive Ext., Wilmington, NC, 28405 NORTH CAROUNAM E Qz z/ Deparimrnt al Envimnnxntal Uual� Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties by an authorized state official. 3 • �'Y V C 6 ROY.COOPER .Governer 'N ELIZABETHS.BISER ` secretary DOUGLAS R.ANSEL NORTH CAROLINA Interim Dlrecmr Environmental Quality August 23, 2023 Via email only: christ'acsshoampt.com Carleton Place Townhomes Association, Inc Attn: Sean Sposeep 1213 Culbreth Drive Wilmington,NC 28405 Subject: Request for Additional Information Stormwater Project No. SW8 970314 Carleton Place Townhomes Association, Inc. New Hanover County Dear Mr. Sposeep: The Wilmington Regional Office received and accepted a State Stormwater Management Permit Renewal Application for the subject project on August 21", 2023. A preliminary in-depth review of that information has determined that the application is not complete, and that additional information is needed. To continue the review, please provide the following additional information in a single, hard copy submittal package: 1. 15A NCAC 02H.1040(1)(a) and .1045(3)(a)(iii): The application was signed by Sean Sposeep; however, the provided documentation from the NC Secretary of State does not identify Mr. Sposeep as a principal executive officer of at least the level of vice-president of this corporation. In the case of a corporation, the application must be signed by a principal executive officer of at least the level of vice-president as defined in GS 57D. Please either: a. Provide official documentation showing that Mr. Sposeep is a principal executive officer of at least the level of vice-president of this corporation and authorized to sign for the corporation; b. Have one of the identified members of the corporation sign the application documents; or c. The signature by other agents shall be accepted on the application only if accompanied by a letter of authorization signed by the appropriate authority. Provide a letter of authorization from one of the identified members of this corporation authorizing Mr. Sposeep to sign on their behalf. Please remember to confirm that any revised information is presented consistently throughout the application documents. Please also remember to provide a hard copy of any updated documents per 15A NCAC 02H.1045(3). The requested information should be received in this Office by September 25", 2023, in accordance with 15A NCAC 02H.1045(4)(a)(i).Please note that only two letters requesting additional information is allowed in the State Stormwater Program, this being the first. If the required information is not satisfactorily provided by this date,the project will be retuned in accordance with 15A NCAC 02H.1045(4)(a)(ii). If the project is returned and you wish to re-submit later,you will need to resubmit all required items at that time, including the application fee. Please reference the State assigned application number on all correspondence. If you have any questions concerning this matter,please feel free to call me at(910) 796-7215 or email me at Iogan.iriman@deq.ne.gov. Sincerely, .Lt09" 9'tw" Logan Inman Stormwater Permitting Assistant DES/Iwi: A\\Stormwater\Permits & Projects\1997\970314 hID\2023 08 addinfo 970314 cc: Wilmington Regional Office Stormwater File L..�L� Q� / North Carolina Departmentaf EnArorimental Quality I Division of Energy.Nnerai and land Resources CC....!ll Wilmington Regional Office 1 127 Cardinal Drive Extension I w1unngton.North Carolina 28405 910.7%.7215 Inman, Logan W From: Inman, Logan W Sent: Wednesday, August 23, 2023 3:52 PM To: chris@csshoamgt.com Cc: Smith, Ashley M Subject: Post Construction Storm Water Permit SW8970314 Attachments: 2023 08 add info 970314.pdf Greetings, Attached is a pdf of the first request for additional information for the subject project. Please pay special attention to the due date in the letter, which is September 25t", 2023,and in accordance with 15A NCAC 02H. 1045(4)(a)(i). As noted in the letter, if all the requested information cannot be provided by this due date, the application will need to be returned in accordance with 15A NCAC 02H. 1045(4)(a)(ii) to allow for any additional time needed. Please let me know if you have any questions or concerns. Thank you! Logan Inman Stormwater Permitting Assistant Wilmington Regional Office Division of Energy, Mineral and Land Resources—Post Construction Stormwater Program North Carolina Department of Environmental Equality Office: (910) —796—7318 Email: logan.inman0)deq.nc.gov Address: 127 Cardinal Drive Ext., Wilmington, NC, 28405 NORn+cnnou R E Q�� Oe"Mmt of Emimnme [QW[tyt Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. 3 t 7 Burd, Tina J From: Burd, Tina J Sent: Tuesday, August 22, 2023 12:56 PM To: 'chris@csshoamgt.com' Cc: Inman, Logan W Subject: SW8 970314 - Carleton Place The Wilmington Regional Office of the Division of Energy, Mineral and Land Resources (Stormwater Section)accepted the Stormwater Permit Renewal Application and $505.00 fee for the subject project on August 21, 2023. The project has been assigned to Logan Inman and you will be notified if additional information is needed. If you have any questions about the project or status of the review, please contact Logan Inman (cc'd). Best Regards, Tina Burd Administrative Associate II 910-796-7215 New email: tina.burd@deg.nc.gov NCDEQ Wilmington Regional Office 127 Cardinal Drive Ext. Wilmington, NC 28405 Email correspondence to and hom this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Website: http://deg.nc.gov/about/divisions/energy-mineral-land-resources/stormwater Many employees are working remotely or are on staggered shifts. Please check with the appropriate staff before visiting our offices, as they may be able to handle your requests by phone or email. 1 Non-TransferApplication Completeness Review Checklist Project Name: Date Delivered to WIRO: Project County/Location: BIMS Received/Accepted Date: (� rt Date Given to Admin: p��r'11� o?3 Permit Action: New New Permit#': BIMS Acknowledged Dates: o' Not located in the ETJ of the following delegated and functioning programs: NBC:Carolina Beach/Kure Beach/Wilmington/Wrightsville Beach Bruns: Leland/Navassa(?)/Oak Island Cart: Emerald Isle Onsl: ille Pend: Surf City ?HD M / Minor Mod enewal Existing Permit#: plicant&Permittee are the same?s Expiration Date°: i PermitType: /LD Overall/HD&LD Combo General Permit/Offsite/Exempt + Redevelopment E-1011site to SWB: Development Type: am /Residential/Other �Is Offsite Lot approved in Master Permit?s Subdivided?: Subdivision Ingle Lo Rule(s): F-12017 Coastal 02008 Coastal / 1995 Coastal Phase II Universal �1988 Coastal Permittee Type&Documents Needed: bS 4o perty Owner(s) Purchaser Lessee =HOA =Developer .Viable? =Viable? =Viable? =Viable? =Viable? ell =Purchase Aemt =Lease =Election Minutes / *Paperkication� /$505(within 6mo) Check€{(s): 466e ❑No Fee Supplement (l newform orfor olderforms:1 original per SCM) Fj O&M' =Soils Report(Infil ea �Catculations(signed/sese aled) Deed Restrictions,if subdivided' Project Narrative F-JUSGS Map(or on file?) Subject to SA?: Y / N Subject to ORW?: Y / N Plans(2 Sets) NOTES: sEnter BIMS Acknowledged Date on this Sheet 2For New Projects-Enter New Permit#on Supplements&Deed Restriction Templates. 'If Permittee is different,STOP.Needs to be transferred first. °If w/in 6 months and they are requesting a mod,STOP. Needs a renewal first. slf Lot not approved in master permit,STOP. Master permit needs mod. EMAILED ENGINEER DATE: Comments: REVIEWER NAME: G:\\\Reference Libra ry\Procedu res\Checklists\Conn pleteness Review Checklist_202109 08 Carleton Place Townhomes 1213 Culbreth Drive Wilmington, NC 28405 Friday, July 28, 2023 RE: Carleton Place Townhomes Association, Inc. Stormwater Permit Renewal— SW8970314 To Whom it May Concern: The Carleton Place Townhomes Association, Inc. (Association) is writing as it pertains to the Stormwater Permit#3. The Association has not approved any increase in the BUA for any lot in the Community. The Association has had to step in an require Owners to reverse changes made to the backyards as they were not incompliance with the Restrictive Covenants and the NC Stormwater Permit. Please let the Association know if this will be sufficient for the permit renewal requirements. You can contact Chris Blake at 910/799-9779 or chrisna,csshoamet.com. Respectfully, �Q.CLIL �iA�aea.A- Sean Sposeep - President tC fLm E RVE AUG 2 1 2023 BY:__ SOSID: 0457103 Date Filed: 2/28/2018 12:35:00 PM Elaine F. Marshall North Carolina Secretary of State STATE OF NORTH CAROLINA C2018 057 00621 DEPARTMENT OF THE SECRETARY OF ST -,- STATEMENT OF CHANGE OF REGISTERED OFFICE AND/OR REGISTERED AGENT U//\/'/� Pursuant to §55D-31 of the General Statutes of North Carolina, the undersigned entity submits the following for thhQG1 changing its registered office and/or registered agent in the State of North Carolina. Y INFORMATION CURRENTLY ON FILE The name of the entity is: Carleton Place TOwnhomeS Association The street address and county of the entity's registered office currently on file is: Number and street: 2108 Capital Drive Suite 102 Wilmington 28405 New Ilmiover City: State: NC Zip Code County. The mailing address if different from the street address of the registered office currently on file is: Number and Street: City: State: NC Zip Code: County: The name of the current registered agent is: Chris Blake NEW INFORMATION 1. The street address and county of the new registered office of the entity is: (complete this item only if the address of the registered office is being changed) Number and Street: 1213 Culbreth Drive City: Wilmington State: NC Zip code: 28405 County: New Hanover 2. The mailing address if different from the street address of the new registered office is: (complete this item only if the address of the registered office is being changed) Number and Street: City: State: NC Zip Code: County: f_8=tlr9F=nlay Pei— u3. The name of the new registered agent and the new agent's consent to appointment appears below: q(complete this item only if the name of the registered agent is being changed) 2 12023- q J. Type or Print Name of New Agent 'Signature&Title 4. The address of the entity's registered office and the address of the business office of its registered agent,as changed, will be identical. 5. This statement will be effective upon filing,unless a date and/or time is specified: This is the_day of 20_ 25 October 17 Carleton Place Townhomes Association na ame Signature Greg Files-President Notes: Filing tee Is$5.00. This document must be filed with the Secretary of State. Type or Print Name and Title e Instead or signing here,the new registered agent may sign a separate written consent to the appointment,which must be attached to this statement. BUSINESS REGISTRATION DIVISION P.0. BOX 29622 RALEIGH,NC 27626-0622 Revised July 2017 Form BE-06 „.srnrpq ROYCOOPEP S Governor ELIZABETH,S.;BISER m Secretary �pw ✓” DOUGLAS R ANSEL NORTH CAROLINA Interim Director Environmentaf,Qualiry December 121, 2022 Carleton Place Townhomes Association Attn: Chris Blake, Registered Agent 2002 Eastwood Road Wilmington,NC 28403 Subject: Stormwater Permit Renewal Request Post-Construction Stormwater Management Permit No. SW8970314 Carleton Place New Hanover County Dear Mr. Blake: Post-Construction Stormwater Management Permit SW8970314 for the subject project expired on July 9`s, 2021. This is a reminder that permit renewal applications are due 180 days prior to their expiration per 15A NCAC 214.1045(3).North Carolina General Statutes and the Coastal Stormwater rules require that this property be covered under a stormwater permit. Failure to maintain a permit subjects the owner to assessment of civil penalties. More information about the Post-Construction State Stormwater Program can be found on the following website: deg.ncaov/S W Please submit a complete permit renewal form along with a$505.00 fee and other submittal requirements within 30 days. The permit renewal form can be found under the Post-Construction section of this website or at: https:Hdeq.ne.gov/about/divisions/energv-mineral-and-land-resources/stormwater/stonnwater pro ram/post construction-2. A review of the North Carolina Secretary of State corporation's database revealed that this corporation may have a new address. Please submit a completed Permit Information Update Form to correct your contact information which is available on the website provided above under the"Mew Permits&Permit Modifications"section. If you have any questions regarding this matter,please contact Ashley Smith or Aisia Freeman in the Wilmington Regional Office either via email (ashleym.smith@ncdenr.gov or aisia.freeman�ncdenr gov)or phone at(910) 796-7318: Sincerely, Douglas R. Ansel, tnterim Director Division of Energy, Mineral and Land Resources DES/af: \\\Stormwater\Permits&Projects\1997\970314 HD\2022 12 rcq_ren 970314 cc: Chris Blake,Registered Agent;Carleton Place Townhomes Association; 1213 Culbreth Drive;Wilmington,NC 28405 Wilmington Regional Office Stormwater File �FQ: North Carolina Department of Environmental Quality I Division of Energy,Mineral and Land Resources Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington,North Carolina 2a4o5 910.796.7215 n �m A J 77 It �1 Ownership Infortnetion �t ! PID:ROS605-006-1994W b MAPID:314710.47 0424.O00 ■ ? by 1 ETAX Link 106% 02.2 n Ownership CARLETON PLACE TOWNHOMES ASSN 2002 EASTWOOD RD pp WILMINGTON,NC 28403 Description FUTURE DEVELOPMENT CARLETON PLACE gp ' Municipal Area:WM Acres:4 146.40 Zoning:OBd-1 145.Bn ' 203.09 fl Class:HOA Zoom to n 01 ft ^i'—^-69.3-, 1 811 27fi ff0 �h�» 169.13 fl 82,89 It ■* 7o�5F�,.j m 390 my �- �O9 71A2'9� '`Pi ■ 123. ■ ��6 it 71. �`Jf z3 %A Book 6394 Page 375 �'1� O BK: RB 6394 IIIIIII�IIIIIIIIIIIIIIIIII�I IIII III PG: -379 375 2020055497 NO FEE$26 M 12-23-2020 NEW HANOVER COUNTY,NC STATE OF NC 10:28:57 AM TAMMY THEUSCH PIVER REAL ESTATE BY:KELLIE GILES REGISTER OF DEEDS Ex W DEPUTY Excise Tax:$82-00 INSTRUMENT PREPARED BY: Assistant City Attorney,Shawn R.Evans,City of Wilmington &RETURN TO: City Attorney's Office,Post Office Box 1810, Wilmington,NC 28402 STATE OF NORTH CAROLINA PERMANENT DRAINAGE EASEMENTS COUNTY OF NEW HANOVER R05605-006-199-000 THIS GRANT OF EASEMENTS, executed this the jr-day y of � 20� by and between Carleton Place Townhome Association, a North Carolina non-profit corporation at 1213 Culbreth Drive, Wilmington, NC 28405 (hereinafter referred to as "GRANTOR") and the City of Wilmington, a municipal corporation organized and existing under the laws of the State of North Carolina, whose Post Office address is Post Office Box 1810, Wilmington, North Carolina 28402 (hereinafter referred to as "GRANTEE"); WITNESSETH: For and in consideration of the sum of One Dollar ($1.00) and other valuable consideration paid by the GRANTEE to the GRANTOR, receipt of which is hereby acknowledged, the GRANTOR has bargained, sold, and conveyed and by these presents does hereby grant, bargain, sell, and convey unto the GRANTEE, its successors and assigns, the right, privilege and non-exclusive, perpetual easements over, through, under, and upon the lands and premises hereinafter described for the purpose of constructing, installing, inspecting, maintaining, repairing, removing, extending, improving, replacing, building and/or operating drainage pipes, ditches, catch basins, manholes, and related appurtenances, said premises being a certain parcel or tract of land located in New Hanover County, North Carolina, and more particularly described as follows: Being all of those areas shown as "PDE-54-1 2,988 SQ.FT. 0.07 Acres and PDE-54-2 49,562 SQ.FT. 1.14 Acres, on Tract 54 as shown on that map entitled, "Drainage Easement of Clear Run Branch" recorded in Map Book 69, at Page 12-14, New Hanover County Registry,North Carolina; said map is herein incorporated by reference as if fully set forth. Page 1 of 4 Book 6394 Page 376 The above-described is a portion of the property conveyed to GRANTOR by that deed recorded in Deed Book 5795, at Page 2955,New Hanover County Registry,North Carolina. TO HAVE AND TO HOLD said easements to GRANTEE, its successors and assigns, forever. These easements hereby granted are appurtenant to and ran with the land now owned by the GRANTOR. The facilities now in existence or to be placed over, under, upon and across said easements shall become and remain the property of the GRANTEE. The GRANTEE shall have the right to construct, install, inspect, maintain, repair, remove, extend, improve, replace, build and/or operate these or new facilities and to make such changes and additions to such facilities upon the easements as the GRANTEE may deem advisable. The GRANTEE shall at all times have the right to keep the area of the perpetual easements clear of all buildings or structures, trees, shrubs, bushes, stumps, roots, undergrowth, or other vegetation as will in its judgment interfere with the purposes of these Easements. The GRANTOR expressly promises and agrees not to construct or allow to be constructed any building, structure or other improvement, and further promise not to plant or allow to be planted any trees, shrubs, bushes, undergrowth or other vegetation or to otherwise permit encroachment or interference with the GRANTEE's rights hereunder except as provided herein. It is expressly understood and agreed, however, that the GRANTOR, their heirs, successors and assigns, shall retain the right to cultivate the ground lying within the boundaries of the said easements for any other lawful purpose including the installation of curbing, gutters, pavement, and signage which would not adversely impact upon the improvements installed by the GRANTEE; provided, however, that such cultivation or use shall not be inconsistent with the rights herein granted to the GRANTEE, and except as provided elsewhere in this Deed of Easements, GRANTEE shall not be liable for any damages or loss due to the exercise of its rights hereunder within its easements except those arising out of the gross negligence of the GRANTEE. For the purpose of constructing, inspecting, improving, replacing, removing, maintaining, extending, repairing or otherwise using the above-described facilities, the GRANDEE shall have the right of ingress to and egress from the easements over such private roads, alleys,• ways or paths (hereinafter collectively referred to as "private roads") as may now or hereafter exist on the property of the GRANTOR. Any and all construction activities and/or repair or maintenance activities upon the premises conducted by GRANTEE shall be conducted in a manner so as not to interfere with or unreasonably impede the ongoing business activities being conducted on the premises, by GRANTOR, their successors or assigns. Any damages resulting to such private roads from the use by the GRANTEE shall be repaired by the GRANTEE at its expense. The right, however, is reserved to the GRANTOR or their successors and assigns to shift, relocate, close or abandon such private roads at any time. If there are no public or private roads reasonably convenient to the easements, the GRANTEE shall have such right of ingress and egress over the GRANTOR'S property adjacent to the easements in such manner as shall occasion the least practicable damages and inconvenience to the GRANTOR and shall not unreasonably impede the ongoing business activities conducted on the premises by GRANTOR, their successors and assigns. Page 2 of 4 Book 6394 Page 377 By acceptance of this Grant of Easements, the GRANTEE agrees that it will restore the surface of the land to its approximate level prior to construction by fill or grading in the course of construction or maintenance of the aforesaid facilities so long as the same are not inconsistent with and do not interfere with the rights herein granted.to the GRANTEE. The GRANTEE agrees to restore any curbing, guttering, pavement, or landscaping affected by GRANTEE's construction and maintenance activities. It is specifically agreed that any trees removed for construction or maintenance work will not be replaced within the easement area but will be replaced. It is understood and agreed that the execution and delivery of these easements by the GRANTOR and its acceptance by the GRANTEE shall not obligate the GRANTEE to construct any main, line, pipe, lateral or other extension or permit any connection to its water, sanitary sewer, storm sewer, drainage or other public utilities system without payment of the appropriate connection fees (at the prevailing rate); provided, however, GRANTEE shall be obligated to maintain the existing facilities, mains, lines, pipes, laterals or other extensions located in the easements. In the event GRANTOR, or GRANTOR'S successors or assigns, as owners of the property encumbered by the easements, request that the drainage line and related facilities be relocated on such property, GRANTEE shall cooperate with such relocation. Provided, however, such relocation shall be at the sole cost and expense of the owner requesting such relocation. Said GRANTOR covenants and warrants that they are lawfully seized and possessed of the property described above; and that they have good right and lawful authority to convey said easements for the purposes herein expressed; and that GRANTOR for their heirs, successors, executors, administrators, and assigns covenants that they will warrant and defend said easements against any and all claims and demands whatsoever, except for encumbrances of record. Use of the masculine gender includes the feminine and neuter, and the singular number used herein shall equally include the plural. IN WITNESS WHEREOF, the GRANTOR has hereunto set its hand and seal, the day and year first above written. GRAN : Carleton Place Townhome Association, a North Carolina non-profit corporation 1. k'/Y [SEAL] B APPROVED AS TO FORM: Assistant City Attorney Page 3 of 4 Book 6394 Page 378 [NOTARTY ON NEXT PAGE] STATE OF NO H CAR LINA ,/ COUNTY OF f I, U3 VA , a Notary Public for��y C r County, North Carolina, ce that U t' 13Y—OW ✓\ , personally appeared before me this day and acknowledged that he or she is President of Carleton Place Townhome Association, a nonprofit corporation, and that by authority duly given and as the act of the corporation,the foregoing instrument was signed in its name by him/her as its President and sealed with its corporate seal. //LL � nn AA Witness my hand and official seal, this e A day of 20�. otnuIr My Commission Expires: AL] �40 1`a�YT/'q/Oja"y �� / ' Notary Publi /y q 3 {�'t b 4i yy 9�OZt m 3- '� c //IIMO\11M\ Page 4 of 4 Book 6394 Page 379 epNTv.ti TAMMYTHEUSCH PIVER New Hanover County 0 � Register of Deeds Register of Deeds ;W i y a 320 CHESTNUT ST SUITE 102 • WILMINGTON,NORTH CAROLINA 28401 Telephone 910-798 4530 Fax 910-798-7716 ^+n'cum" +`01 � ' Y i I r+r+++♦aaaaaaaaaaaa+++a+a aaaaaaa e+a+++eaaua+aaaaaaaararraa+u++a aa+aa+aa+a raaaaa ra++++aaa++++++ar rr ar+r+++♦ State of North Carolina, County of NEW HANOVER Filed For Registration: 12/23/2020 10 :28 :57 AM Book: RB 6394 Page: 375-379 5 PGS $108 .00 Real Property $26.00 Excise Tax $82 .00 Recorder: KELLIE GILES Document No: 2020055497 +aaa+aaaaar+aaaa+aaaaaaaaaaaaaaaaa aaa+aaaa aaaaaaaa aaaaaa as aaaaaa++aaaasraaaaaa aa•+++++aaa aaaaaaa♦aaaa aaaaaaa DO NOT REMOVE! This certification shoat is a vital part of your recorded document. Please retain with original document and submit when re-recording. • Upload a PDF Filing • Order a Document Online • Add Entity to My Email Notification List • View Filings Non-Profit Corporation Legal Name CARLETON PLACE TOWNHOMES ASSOCIATION Information Sosld: 0457103 Status: Current-Active O Date Formed: 4/22/1998 Citizenship: Domestic Annual Report Due Date: Registered Agent: Blake, Chris Addresses Reg Office Reg Mailing Principal Office 1213 Culbreth Drive 1213 Culbreth Drive 1630 Military Cutoff Rd Ste 104 Wilmington, NC 28405 Wilmington, NC 28405 Wilmington, NC 28403 Mailing 2002 Eastwood Road New Hanover County Wilmington, NC 28403 Officers