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HomeMy WebLinkAboutSW8971226_Historical File_20100621PREPARED BY: SHEILA K. MCLAMB ATTORNEY AT LAW STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK Brunswick County —Register of Deeds Robert J. Robinson Inst #55038 Book 1402Page 1367 09/14/2000 02:23:3613n RecWD- 5 tj WARRANTY DEED THIS DEED, Made this day of ��,CZ42 , 2000, by and between BLUEGREEN CAROLINA LANDS, LLC, a limited liability company organized and existing under the laws of the State of Delaware, authorized to conduct business in the State of North Carolina, f/k/a Bluegreen Carolina Land, Inc., (See Certificate recorded in Book 1340, Page 747, Brunswick County Registry), Grantor; and THE LANDING AT SOUTHPORT COMMUNITY SERVICES ASSOCIATION, INC., Grantee, whose mailing address is: c/o CAMS, 4320 Southport -Supply Road, Suite 300, Southport, NC 28461 The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNES.SETH: That the Grantor for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does give, grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in Brunswick County, State of North Carolina, and more particularly described as follows: BEING ALL of that 9.69 acres, more or less, shown as Open Space on that map recorded in Map Cabinet 23 at pages 135 and 136, Brunswick County Registry, reference to which is hereby made for a more particular description. SUBJECT TO restrictive and protective covenants as recorded in Book 1226, Page 0701 and amended in Book 1248, Page 839; Book 1267, Page 1236; Book 1293, Page 532; and Book 1301, Page 1203, Brunswick County Registry. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: 1. 2000 ad valorem property taxes. 2. Applicable restrictions, easements, and reservations of record. 3. All local, county, state and federal laws and regulations relative to the zoning, occupancy, subdivision, usage, construction and development of the described property. :S AUX CON GR IfBY � _.. 6- C poi RE RED TC# a� SO c# O CK A�� #3 RE REFS CASH .6 Inst 1 55038 Book 1402Page: 1368 IN WITNESS WHEREOF, the Grantor nas caused this instrument to be signed in its company name by its duly authorized attorney -in -fact, the day and year first above written. BLUEGREEN CAROLINA LANDS, LLC BY: STATE OF NORTH CAROLINA J. David Edwards, Attomey-in-F COUNTY OF BRLJNSWICK - i r; } I, �n e- e n i'` , NOTARY PUBLIC, do hereby certify that J. DAVID EDWARDS, attorney -in -fact for BLUEGREEN CAROLINA LANDS, LLC, personally appeared before me this day, and being by me duly sworn, says that he executed the foregoing and annexed instrument for and in behalf of BLUEGREEN CAROLINA LANDS, LLC, and that his authority to execute and acknowledge said instrument is contained in an instrument duly executed, acknowledged, and recorded in the office of the Register of Deeds of Brunswick County on the 9th day of November, 1999, in Book 1341 at Page 552, and that this instrument was executed under and by virtue of the authority given by said instrument granting him power of attorney; that the said J. DAVID EDWARDS acknowledged the due execution of the foregoing and annexed instrument for the purposes therein expressed for and in behalf of the said BLUEGREEN CAROLINA LANDS, LLC. my hand and official seal, this i day of , 2000. on >.: NOTARY PUBLIC empires: STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK The Foregoing (or annexed) Certificate(s) of JEA.NIE GLENN Notary(ies) Public is (are) Certified to be Correct. This Instrument was filed for Registration on this 1 4 t h. Day of2000-- in the Book and Page shown on the First Page hereof. ROBERT J. R0B1rjSONjRegister o De s Bnasrick Qxmty--Register of Deeds Robert J. Robinson Inst #59516 Book 1413Page 820 11/Ol/2000 01:26:24pn Rec# PREPARED BY: SHEILA K. MCLAMB q ATTORNEY AT LAW DEED PREPARED WITHOUT OPINION ON TITLE STATE OF NORTH CAROLINA WARRANTY DEED COUNTY OF BRUNSWICK THIS DEED, Made this 44day of 2000, by and between BLUEGREEN CAROLINA LANDS, LLC, a limited liability company organized and existing under the laws of the State of Delaware, authorized to conduct business in the State of North Carolina, DWa Bluegreen Carolina Land, Inc., (See Certificate recorded in Book 1340, Page 747, Brunswick County Registry), Grantor; and THE LANDING AT SOUTHPORT COMMUNITY SERVICES ASSOCIATION, INC., Grantee, whose mailing address is: c/o CAMS, 4320 Southport -Supply Road, Suite 300, Southport, NC 28461 The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH: That the Grantor for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does give, grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in Brunswick County, State of North Carolina, and more particularly described as follows: BEING ALL of that 0.97 acre, more or less, shown as Amenity Area on that map recorded in Map Cabinet 23 at Page 284, Brunswick County Registry, reference to which is hereby made for a more particular description. SUBJECT TO restrictive and protective covenants as recorded in Book 1226, Page 0701 and amended in Book 1248, Page 839; Book 1267, Page 1236; Book 1293, Page 532; and Book 1301, Page 1203, Brunswick County Registry. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: 1. 2000 ad valorem property taxes. 2. Applicable restrictions, easements, and reservations of record. 3. All local, county, state and federal laws and regulations relative to the zoning, Inst # 59516 Book 1413Page: 821 IN WITNESS WHEREOF, the Grantor has caused this instrument to be signed in its company name by its duly authorized attorney -in -fact, the day and year first above written. BLUEGREEN CAROLINA LANDS, LLC BY: STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK David Edwards, Attorney -in -Fact I, J ',(' eln n , NOTARY PUBLIC, do hereby certify that J. DAVID EDWARDS, attorney -in -fact for BLUEGREEN CAROLINA LANDS, LLC, personally appeared before me this day, and being by me duly sworn, says that he executed the foregoing and annexed instrument for and in behalf of BLUEGREEN CAROLINA LANDS, LLC, and that his authority to execute and acknowledge said instrument is contained in an instrument duly executed, acknowledged, and recorded in the office of the Register of Deeds of Brunswick County on the 9th day of November, 1999, in Book 1341 at Page 552, and that this instrument was executed under and by virtue of the authority given by said instrument granting him power of attorney; that the said J. DAVID EDWARDS acknowledged the due execution of the foregoing and, annexed instrument for the purposes therein expressed for and in behalf of the said BLUEGREEN CAROLINA LANDS, LLC. h4ud and official seal, this ��� day of N 6?e.+a&-tr , 2000. NOTARY PUBLIC ires: .16'.2?-a3 STATE Or NOXrH CAROLINA COUNTY OF BRUNSWICK The Foregoing (or annexed) Certificate(s) of JEANIE GLENN Notary(ies) Public is (are) Certified to be Correct. This Instrument was filed for Registration on this - 1st Day of November , 2000 in the Book and Page shown on the First Page hereof. el�:�► ROBERT U. ROBESSONJ Register of IJeeds PREPARED BY: SHEILA K. MCLAMB ATTORNEY AT LAW Brunswick Ca+Lmty--Register of Deeds Robert J. Robinson Instt #61849 Hook 141���� 12/01/2000 01:05:09pa Rec# DEED PREPARED WITHOUT OPINION ON TITLE STATE OF NORTH CAROLINA WARRANTY DEED COUNTY OF BRUNSWICK THIS DEED, Made this � 5 � day of a��X , 2000, by and between BLUEGREEN CAROLINA LANDS, LLC, a limited liability company organized and existing under the laws of the State of Delaware, authorized to conduct business in the State of North Carolina, f/k/a Bluegreen Carolina Land, Inc., (See Certificate recorded in Book 1340, Page 747, Brunswick County Registry), Grantor; and THE LANDING AT SOUTHPORT COMMUNITY SERVICES ASSOCIATION, INC., Grantee, whose mailing address is: c/o CAMS, 4320 Southport -Supply Road, Suite 300, Southport, NC 28461 The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH: That the Grantor for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does give, grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in Brunswick County, State of North Carolina, and more particularly described. as follows: FIRST: BEING ALL of that 47,480 square feet shown as "Reserved Area" on that map recorded in Map Cabinet 21 at Page 16, Brunswick County Registry, reference to which is hereby made for a more particular description. SECOND: BEING ALL of that 169,642 square feet shown as "Open Space" on that map recorded in Map Cabinet 21 at Page 18, Brunswick County Registry, reference to which is hereby made for a more particular description SUBJECT TO restrictive and protective covenants as recorded in Book 1226, Page 0701 and amended in Book 1248, Page 839; Book 1267, Page 1236; Book 1293, Page 532; and Book 1301, Page 1203, Bnmswick County Registry. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee th@ t Grantor is seized of the Pr•c!r`sr-'�- - -F'. simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: 1 )oon nrl %m1nrem nronerty taxes. .-f. Inst # 61849 Book 1419page: 874 3. All local, county, state and federal laws and regulations relative to the zoning, occupancy, subdivision, usage, construction and development of the described property. IN WITNESS WHEREOF, the Grantor has caused this instrument to be signed in its company name by its duly authorized attorney -in -fact, the day and year first above written. BLUEGREEN BY: STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK LANDS, LLC I, 2a'h k— gle-nn , NOTARY PUBLIC, do hereby certify that J. DAVID ED ARDS, attorney -in -fact for BLUEGREEN CAROLINA LANDS, LLC, personally appeared before me this day, and being by me duly sworn, says that he executed the foregoing and annexed instrument for and in behalf of BLUEGREEN CAROLINA LANDS, LLC, and that his authority to execute and acknowledge said instrument is contained in an instrument duly executed, acknowledged, and recorded in the office of the Register of Deeds of Brunswick County on the 9th day of November, 1999, in Book 1341 at Page 552, and that this instrument was executed under and by virtue of the authority given by said instrument granting him power of attorney; that the said J. DAVID EDWARDS acknowledged the due execution of the foregoing and annexed instrument for the purposes therein expressed for and in behalf of the said BLUEGREEN CAROLINA LANDS, LLC. 3 and official seal, this l 5T day of , 2000. STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK The Foregoing (or annexed) Certificate(s) of — (ac'�- a Lx"� NOTARY PUBLIC JEANIE GLENN From: The Landing at Southport, CSA PO BOX 10531 Southport, NC 28461 TO: Mr. David Cox NC Division of Water Quality 127 Cardinal Drive Ext. Wilmington, NC 28405 Dear Mr. Cox Enclosed is the completed State Stormwater Permit Number SW8 971226 Modified ownership Change Form. I have also enclosed is a check for $505.00 for the renewal of SW 971226 Modification. I have included a copy of our engineers Mr. Michael R Ogden certification for the renewal. Sincerely Albert H. Willis Treasurer 7JUN 0 8 2010 910-454-9454alwillisl@earthlink.net Southport, North Carolina 3 April 2010 Linda Lewis Division of Water Quality NC Department of Environment and Natural Resources Wilmington, NC 28405 RE: The Landing at Southport Southport, North Carolina SW 971226 Modification Permit Renewal Dear Ms. Lewis: Enclosed for your review and approval please find the following materials as part of an application for renewal for the subject permit: • Completed Application form and one copy of same. • Check in the amount of $505.00 for the application fee. • Letter dated 30 March 2010 regarding Session Law 2009-406. In anticipation of a renewal of the Stormwater Permit for The Landing an inspection of the components of the system was conducted on 21 October 2009 and a list of correction measures was recommended. Maintenance and corrective activities were completed in April 2010 and, based upon oversight and follow-up inspections, were completed in a satisfactory manner. Therefore, the permitted system is operating as intended and is in conformance with the permit conditions. If you should have any questions or require additional information, please do not hesitate to call (910-338-7226). Very MichaAY R. Ogden Enclosures. ENGINEERING, DEVELOPMENT & PROJECT MANAGEMENT SERVICES Cox, David From: Cox, David Sent: Wednesday, May 26, 2010 7:42 AM To: 'alwillisl @earthlink.net' Subject: RE: Transfer Document That will not be a problem all. From: Albert Willis. [mailto:alwillis.t@earthlink.net] Sent: Tuesday, May 25, 2010 5:47 PM To: Cox, David Subject: RE: Transfer Document David Got them but there is a problem. Blue Green the owner of the permit has gone away and do not build anything anymore. Mr Edwards has been let go so we can not fill out the top portion, What if we fill out our portion and give you copies of the deeds will that be OK Al ----- Original Message ----- From: Cox, David To: alwillisl Ca)earthlink.net Sent: 5/25/2010 3:10:57 PM Subject: Transfer Document E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties Linda Lewis March 30, 2010 NC Division of Water Quality 127 Cardinal Drive Ext. Wilmington, NC 28405 We are aware of Session Law 2009--406 and are requesting renewal of our permit anyway. Sincerely �-� i Albert H. Willis Treasurer The Landing at Southport CSA, Inc PO Box 10531 Southport NC 28461 910-454-9454 Oct 22 08 12:01p n4/17/2008 1G:16 ill & Betty Chase 1-910-454-8064 p.2 131A7542121 MARY PAGE 02 Mirbnel F. F—Ilcy, Covemtw Will;arn tr. Roar 1r., $eerrrary NO.-h Carolina Depnrtttmnt of 1'_nv;mnmcnt and Netuml Re.vmrecs Alan W. Klimek, P.H. Dercetor Division of Water Quality I. Muse enter the permit number for which the chznr£ is requested. • NIIDES Perrait (or) Certificate of Coverage II. Permit status Prior to statues change. a. Pe is::ued to (company name): _ (MgAJA, C&?TPQ!!n ;ate b. P ally mponsibie for Permit: '-T't�V Ptr¢t I MI I I,aat 'ISne O�--r-- Q���i T Pefftt Holder Mmling npgreea City Suite �p •y �//� Si21 1'►rofla Pax - . d- Facility ad ��� o,. 1 fir? 3 Addrasa �•i�• , IY State rip Facility contact person: �� t1�atAul 11U� �1(�.'�< '`1 1 `� i ��• .11� / Flmt / MI / Last Phone HL Plcese provide the foiiow ing for the requcs change (rcyiscd pe>cllnit). a. Request for change is a result of: V Change in ownership of the facility A Name change of the facility or owner If nthcr ple2es.- explain: b. Permit issued to (t:orApAny name): C. Person lcgftlly responsible for permit: mist ! Ml / LAat 71tic Permq Holder Mni ing Addeo s City MA14 Phone $-mail Addtaes d. Facility :r mpe (discharge): C. Fatality address: AdX;;7% Ctrp F. Facility contact person: State 71P First I MI / T.ASI Phone &m;l*i Addreu Revived 7/"=5 Uar, r�f� UV lc; -top 04/17/2008 1r,:11.1 i i i s, benz!j unase 9107542121 MARY 1-191U-454-SO64 p.2 PAGE 03 PERMIT NAMWOWNEFSHiP CHANGE FORM Page 2 of 2 XV. Permit contact information: (if different from the person icgal)y responsible for the permit) Permit contact: FIrSt / MI ! i Ott rlrla McMing Addmm city gtwa 7f11 p11Q�1 S•rr+4i1 /tit1(t.pRa V. Will the parmiitted facility continue to conduct the -mine induatkial activities conducted prior to this wnex'ship or mane change? ® Yes ❑ No (please explaim) Vt Regvdred! kterns: THIS APPLICATION 3'1 LL RE RETURNED VNPs OCUSSED IF ITEMS ARE 7NCOMPUTE OR MISSING; 4 This completed application is required for both name change and/or ownership change requests. ❑ Legal documentation of the tramfcr of ownership (such as relevant pages of a co=acr doed, or a bill of :talc) is tea^ uiuxd for an ownership change request_ Articles of incormration w not sufficient for an ownership change. ................Aft..............■■■****........■..•.................■.................. ■..•�. �...... 'Tile cerdfications below =nt be completer! And signed by both the permit holder prior to the change, and the new applicant in the c.= of an ownership change request. For a name champ request. the signed Applicant's Certification issufficient. PERNII17I7E CERTIFICATION Permif holder prior to ow"archip change): 43 '.,! attest. that this application f& A name% change has been reviewed and is accurate and complete to the best of ray knowledge. I understand that if parts of this application are not completed and that if all required supporting information is not inclu s ap lication Dackage will be returned as inc mplete. 1—*'� V12 512at1tore D= ATVM ,CR NIT C]EEi1FiCATi IOloi Y 1 - ,N-c- , attest that this application for rt namelownership change has been reviewed and is accurate and complete to the best a my knowledge. I understand that if 211 required pnM of this application are not completed and that if all required supporting ih(Oit=tion is not included, this application p5ckage will be returned as incomplete. SrgnaR+rG Dore MEASE SEM THE COMPLETE APPLICATION PACKAGE TO: .Division of Water Quality SurFv4 Water Protection Section 161.7 Mail Service Center Raleigh, North Carolina 27699-1617 kcvixod 7/2001 Fwd: Sormwater Permit #SW971226-The Landing @ Southport Subject: Fwd: Sormwater Permit #SW971226-The Landing @ Southport From: Jay Houston <jayhouston@atmc.net> Date: Thu, 26 Jun 2008 17:19:33 -0400 To: david.w.cox@ncmail.net CC: Fred Ward - Reg 828 <Fred.Ward@bluegreencorp.com>, David Edwards -Reg 899 <David.Edwards@bluegreencorp.com>, Mary Houston <maryhouston@atmc.net> Hi David - I'm forwarding this email to you because you requested to have a list of questions, if possible, from the POA at The Landing @ Southport in advance of a meeting to discuss the transfer of the stormwater permit from Bluegreen to the Landing @ Southport POA. Please note the originating message (second email down), from William Chase, (POA of The Landing) who is apparently the contact person for that group, to Fred Ward of Bluegreen. This contains an unvetted list of the questions. I am in receipt of your Inspection Report for the subject project dated June 24, 2008 and assume that David Edwards has received his copy. There were five (5) Required Actions listed in the report and the first four appear to be maintenance items such as sediment removal, repair of an orifice in the pond outlet structure, and reseeding. Item 5 was a statement that the Designer's Certification had not been received. The certification was dated Monday, August 13, 2001 and the original was sent to Noell Lutheran. I am attaching scanned copies of the certification and transmittal letter. Please let us know several available dates that a meeting can be scheduled. Also, please don't hesitate to contact me by phone or by email if there are questions. Thank you Jay Begin forwarded message: From: "Fred Ward" <Fred.WardAbluegreencorn.com> Date: June 26, 2008 1:40:26 PM EDT To: "Jay Houston" <iavhouston@atmc.net> Cc: "David Edwards" <David. EdwardsAblueereencorg.corm Subject: FiW: Sormwater Permit NSiW971226-The Landing @ Southport Jay, 1 of 4 6/7.7/2008 9:52 AM Fwd: Sormwater Permit #SW971226-The Landing @ Southport Here are the concerns that the Landing folks have that DWQ requested. Could you please spearhead this for us so we can get a meeting set up and get this finished up. Thanks, Fred See you tomorrow at 9:00 From: William Chase fmailto:bbchase@msn.coml Sent: Thursday, June 26, 2008 11:02 AM To: Fred Ward Cc: alwillisi@earthlink.net; fiberseal2@bellsouth.net; dennen@ec.rr.com; dewittbrown@yahoo.com; ibuildmark@ec.rr.com; dbcrosdale@bellsouth.net; bbchase@msn.com Subject: Sormwater Permit #SW971226-The Landing @ Southport Fred; Apologies for not giving an earlier response. Had a huge storm over the weekend, and with some board members on vacation having to do some overtime. The BOD is looking forward to your upcoming visit with the State. We will not have as many questions as perhaps you and I would like, as we have only 2 carry over members from the last board plus myself. Consequently some feel they do not know enough history to make inquiries about, however they do know enough that we all want to bring the issue at hand to a closure. The following are our questions and concerns: We continue to experience a problem with storm water on Lot 5 & 6, and the state highway ditch on highway 211. This continues to an ongoing problem. Iris McCombs from NCDOT inWilmington has agreed to survey the problem. If we need additional help to resolve this issue can we call on your department? How do we approach the renewal of our permit in 2010? Is it too early to begin after issues are resolved at this meeting? A question from a property owner states, "I looked at a storm water plat and it clearly shows how the swale should be sloped. The right side of the swale on Lot 106 does not conform to the drawing. Can we get an opinion on this if correction is in need. With 5500 square feet being the impervious number . Can this maximum square footage be exceeded with an approved engineered storm water runoff plan for a given property? The homeowner would then be controlling there own storm water runoff. This would decrease the amount of storm water runoff on the streets within the community. We had a semi tropical storm on June 21. There is a major swale located between lots 10-26 on Navigator Way. These lots are specifically shown on Storm Water Project# SW 8971226 modification issued by DENR. 2 of 4 6/27/2008 9:52 AM Fwd: Sormwater Permit #SW971226-The Landing @ Southport During this storm runoff accumulation ran over the top of the swale onto lots 14,15,16 and onto the yards. It appeard to result from the swale leveling off at lots 14,15, and 16. and a result of 10 years accumulation of pine needles, tree leaves, and soil sediment that caused this. A review by authorities will guide us accordingly on our maintenance. After the resolve of outstanding issues that will allow the changeover to take effect will attending DENR officials do a walk around with us to council us on proper maintenance of the property effected by storm water control procedures? Fred; We are looking forward to our upcoming meeting and having a great deal more knowledge about storm water control and maintenance within our community in the future. Sincerely, Bill Chase Note: The information contained in this message may be privileged and confidential and protected from disclosure. If the reader of this message is not the intended recipient, or an employee or agent responsible for delivering this message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by replying to the message and deleting it from your computer. Thank you. Bluegreen Corporation. Jay R. Houston, P.E. Houston and Associates, P. ".. Consulting Engineers Post Office Box 627 117 Pine Street Shallotte, North Carolina 28459 (910) 754-6324 This e-mail may be privileged and/or confidential, and the sender does not waive any related rights and obligations. Any distribution, use or copying of this e-mail or the information it contains by other than an intended recipient is unauthorized. If you received this e-mail in error, please advise me (by return e-mail or otherwise) immediately. sw8971226certlet.pdf Content -Type: application/pdf Content -Encoding: base64 3 of 4 6/27/2008 9:52 AM Fwd: Sormwater Permit #SW971226-The Landing @ Southport Part 1.1.3 Content -Type: text/html Content -Encoding: 7bit sw8971226cert1 ofl.pdf Content -Type: application/pdf Content -Encoding: base64 Part 1.1.5 Content -Type: text/html Content -Encoding: 7bit sw8971226cert2of2.pdf Content -Type: application/pdf Content -Encoding: base64 Part 1.1.7 Content -Type: text/html Content -Encoding: quoted -printable 4 of 4 6/27/2008 9:52 AM Michael F. Easley, Governor William G. Ross, Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality August 1, 2005 Mr. David Edwards, Vice President bluegreen Carolina Lands, LLC 1829,Zion Hill Road Bolivia, NC 28422 Subject: Transfer of Ownership The Landing at Southport Stormwater Project No. SW8 971226 Brunswick County Dear Mr. Edwards: On April 4, 2001, the Division issued you a modified Stormwater Management Permit, Number SW8 971226, for the construction of a 147 lot subdivision which utilized three wet detention ponds and a curb outlet swale system. On March 13, 2003, the Division received a letter from your attorney, Ms. Sheila McLamb, which included a copy of your August 15, 2001, letter to the Community Services Association indicating that the stormwater system was being turned over to them. Ms. McLamb's letter indicated that the required ownership change documentation had been sent to the Association, but that they refused to sign it. The Division responded to your attorney's letter on May 29, 2003, basically stating that the State could not force the Association to take over the permit, and that this was a civil matter between yourself and the POA. However the Association derives a benefit from the use of the system, which the Division will not ignore when assessing the status of, this project. The Division is requesting the status of this situation. Have you gone to court to determine the legality of The Landing at Southport Community Services Association, Inc.'s refusal to take over this permit, despite a recorded Declaration of Covenants and Restrictions, which make each lot owner a member of the Association, subject to assessment for the specific; purpose of, among other things, stormwater control or disposai improvements? if not, please explain what actions you are taking to get this permit transferred. The Division desires only that the Association take over a system that is in compliance with the permit. Other issues, outside the scope of the permit, will not be considered in this transaction. Our records indicate that the required Designer's Certification has not been submitted. Please be aware that until such time as the system is determined to be in compliance, and all required transfer documentation. is submitted and approved by the- Division, .you remain the perm.ittee of record, and are responsible for compliance with the terms and conditions of the permit. North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone (910) 796-7215 Customer Service1-877-623-6748 Wilmington Regional office Wilmington, NC 28405-3845 FAX (910) 350-2004 Internet h2o.enr.state.nc.us �e Carolina An Equal opportunity/Afrinnative Action Employer— 50% Recycledl10% Post Consumer Paper Adwallj/ Mr. Edwards August 1, 2005 Stormwater Permit No. SW8 971226 If you have any questions, please do not hesitate to call me at (910) 796-7404. Sincerely, Linda Lewis Environmental Engineer II. ..ENB1arl:_S:1WQSISTORMWATILETTERS120051971226..aug0.5_ cc: Sheila McLamb, Esq. Jay Houston, P.E. Glen Gaydos, The Landing at Southport Community Services Assn. Wilmington Regional Office File of warFR `Qt' PG Michael F. Easley, Governor rq 7 William G. Ross Jr., Secretary > North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E.,Director Division of Water Quality May 29, 2003 Ms. Sheila K. McLamb PO Box 3168 Shallotte, NC 28459 Subject: Transfer of Owners_ hip The Landing at Southport - Stormwater Project No. SW8 971226 Brunswick County Dear Ms. McLamb: The Division of Water Quality received your letter of March 11, 2003, on behalf of your client, bluegreen Carolina Lands, Inc., regarding the transfer of ownership of the common areas and maintenance responsibility for The Landing @Southport. Unfortunately, the situation described in your letter has occurred many times in the past. It is not uncommon for the HOA or POA to "hold the developer hostage" by refusing to sign the permit transfer documents. The developer must start the permit transfer process at the same time that he/she no longer holds a majority vote in the HOA or POA, and the common areas are turned over. The most common path to transfer the permit is for the developer to bring the site into full compliance, record and submit any required deed restrictions, have the consultant inspect and certify the stormwater facilities, schedule a meeting with DWQ and the HOA to tour the site, and have the HOA sign the required transfer documents after the meeting. If there are problems, it is up to the developer to negotiate an equitable solution. The stormwater permit is written to the developer or owner- there is nothing in the stormwater permit that requires the POA to take over the maintenance -only a condition describing the requirements for the permittee to transfer the permit. If the POA still refuses to sign the documents after the facilities are determined to be in compliance with the stormwater permit, as indicated by inspection and certification, then the Division may gently remind the POA that they derive a benefit from the use of the stormwater system, and without a permit in their name, they may be in violation themselves. Any conditions which subject the lot owners to required membership in the POA and maintenance responsibility for the permitted stormwater system, that need to be placed in the covenants and deed restrictions prior to the sale of lots, are the responsibility of the permittee. N. C. Division of Water Quality 127 Cardinal Drive Extension (910) 395-3900 Customer Service Wilmington Regional office Wilmington, NC 28405 (910) 350-2004 Fax 1 800 623-7748 On Ms. McLamb May 29, 2003 Stormwater Permit No. SW8 971226 This appears to be a civil matter between the POA and the developer. However, the Division would be happy to attend an onsite meeting between bluegreen Carolina Lands, Inc., the president of the POA, the lawyer and consultant for the HOA, bluegreen's consultant, and you, to inspect the project, and try to resolve this situation. Please contact me at your convenience to arrange a time and date. Sincerely, �e� �d" Linda Lewis Environmental Engineer RSS1:arl S:IWQSISTORMWATILETTERS1971226.may03 cc: Jay Houston, P.E. David Edwards, bluegreen Carolina Lands, Inc. Linda Lewis 2 Sheila x 9KcLam6* TaulM. Sylvia *Certified9blediator Division of Water Quality Attn: Noelle Lutheran 127 Cardinal Drive Extension Wilmington, NC 28405 Sheila K. WcGamb Attorney at Law 201 Village &ad T. O. Box 3168 Shallotte, NC 28459 March 11, 2003 Re: Stormwater Compliance The Landing @ Southport Stormwater Project No. 971226 Modification Brunswick County Dear Noelle: Telephone 910-754-6908 Fax /91.0) 754-6928 I am writing this letter on behalf of my client Bluegreen Carolina Lands, LLC. Bluegreen, as the developer of The Landing, has fully complied with all of the terms of the above referenced stormwater permit. The developer has divested itself of all of its property interests in the subdivision and has turned over ownership and management of the common areas to the property owners association. Bluegreen completed the permit transfer forms and forwarded the same to the then existing President Andrew Ruman on August 15, 2001.(see attached letter) Since that date it is my understanding that Carol Mahoney has taken over as the current president and can be reached at PO Box 10531 Southport, NC 28461. Bluegreen has fully complied with the permit requirements. It has forwarded transfer documents to the responsible party. Based upon information and belief it is my understanding that The Landing P.O.A. has and is willfully refusing to meet its requirements by law to complete the transfer forms and file the same withyour office for completion. I look forward to hearing from you concerning this matter. If you have any questions, please let me know. SKTVVclh CC: Sandra Schultz David Edwards bluegreen Carolina Lands, LLC August 15, MI Mr. Andrew Ruman 6129 River Sound Circle Southport, North Carolina 28961 Dear Mr. Ruman: This letter serves as official notification that Bluegreen Carolina Lands has completed all required Storm water work as per DWQ Permit #SW971226. We therefore turnover the Storm water system to the Property Owners Association of The Landing at Southport. This concludes Bluegreen Carolina Lands, LLC Developer involvement. Attached you will find a copy of our Engineers Certification as well as a copy of the DWQ permit and maintenance requirements. Sin rely, J. David Edwards Vice President Bluegreen Carolina Lands, LLC cc: Pat Rondeau Terry Jones Tom Gross Noele Lutheran DWQ Jay Houston Rob Grandy City of Southport Wayne Strickland City of Southport