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.
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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
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If you received this e-mail in error, please advise me (by return e-mail or otherwise) immediately.
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Fwd: Sormwater Permit #SW971226-The Landing @ Southport
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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