20061215 Ver 2_CAMA Application_20100908

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North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Beverly Eaves Perdue, Governor James H. Gregson, Director Dee Freeman., Secretary
7 September 2010
EXPRESS PERMIT REVIEW PROGRAM
MEMORANDUM
TO:
FROM:
SUBJECT:
Applicant:
Project Location
Cyndi Karoly
Division of Water Quality
David W. Moye
Express Permits Coordinator
Sep
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CAMA/DREDGE & FILL Permit Application Review
Town of Duck c/o Christopher Layton
At 1200 Duck Road adjacent NC 12 on Town Property as well as 13
additional properties adjacent Currituck Sound in Dare County, North
Carolina
Proposed Project: The applicant proposes to construct an elevated boardwalk access
across various properties, and construct two buildings with parking on
Town Property.
Please indicate below your agency's position or viewpoint on the proposed project and return
this form by 28 September 2010. If you have any questions regarding the proposed project,
please contact David Moye at 252-948-3852. When appropriate, in-depth comments with
supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
SIGNED DATE
943 Washington Square Mall, Washington, North Carolina 27889
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.neY
An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
Express Permit Review Program
1. APPLICANT'S NAME: Town of Duck - Major Modification to Permit No. 05-07
2. LOCATION OF PROJECT SITE: At 1200 Duck Road (Town Park) adjacent NC 12 in the Town of Duck
on Currituck Sound in Dare County, North Carolina
Photo Index - 2006: 186-7177; K-16, L-14,20,21 M-18-22 2000: 186-2180; L-8, M,N-8-10, 0-9-10
State Plane Coordinates - X: 2,958,400 Y: 894,400 GPS Rover File # C071312A
Jarvisburg Quad. (lower right corner)
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit -I September 2010
Was Applicant Present - Yes
5. PROCESSING PROCEDURE: Application Received - 7 September 2010
Office - Washington
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Dare County
Land Classification From LUP - Conservation
(B) AEC(s) Involved: CW, EW, PTA, CS
(C) Water Dependent: YES
(D) Intended Use: Public
(E) Wastewater Treatment: Existing - individual Septic systems
Planned - N/A
(F) Type of Structures: Existing - Boardwalk, buildings, paved parking, piers and decks
Planned - Boardwalk with multiple access points, 2 buildings and parking
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands ±3,114 ft2 shadedCW
CW, 404, SAV ±3,250 ft2 shaded 404
±888 ft2 shaded SAV
±3,000 ft2
(B) Non-Vegetated Wetlands Shaded open water
Sound Bottom
(C) Other ±56,628 ft2
Uplands
(D) Total Area Disturbed: ±1.54 acre (±66,880 sq. ft.)
(E) Primary Nursery Area: No
(F) Water Classification: SC Open: No
8. PROJECT SUMMARY: The applicant proposes to construct an elevated boardwalk access with multiple
access points over Coastal and 404 Wetlands on several commercial properties as well as Town
property, and construct 2 buildings with parking on Town property.
Major Modification - CAMA Major Permit No. 05-07
Town of Duck
Dare County
Boardwalk Project
Express Permit Review Program
Project setting
Chris Layton, Town Manager for the Town of Duck, has requested the attached
application be processed as a major modification of the existing CAMA Major Permit No.
05-07 under the Express Permit Review Program. The proposed modification is for a
boardwalk extension and the construction of two municipal buildings. The project site is
located in the Town of Duck at 1200 Duck Road adjacent NC 12 on Town property as well
as on 13 additional properties adjacent Currituck Sound in Dare County, North Carolina.
The project site incorporates a total of 463,500 ft' (10.64 acres) and has ±7,895' of
shoreline.
CAMA Major Permit No. 05-07 was issued to the Town of Duck on 3 April 2007 for
the construction of a sound side boardwalk, playground, amphitheater, gazebo stage,
picnic shelter and parking areas on Town property. The permit was modified once to
extend the pier section into the sound. To date, all work authorized under this permit has
been completed.
The proposed project area runs the gambit from heavy commercial development
(mostly retail shops) with paved parking, some bulkheading and a pier with personal water
craft and kayak rentals, to undeveloped maritime forest with Coastal Wetlands and
Section 404 wetlands adjacent the sound. The common denominator for the individual
tracts of property are the presence of Coastal Wetlands including Spartina alterniflora,
Juncus roemerianus, S. patens, S. cynosuroides and Typha spp. The near shore area of
the sound has a dense coverage of submerged aquatic vegetation (SAV).
The project area is bordered on the north side by similarly developed and vegetated
properties. The site elevation ranges from zero to 33' above the normal water level (NWL).
The Estuarine Water of the Currituck Sound in this area is classified as SC water by the
Environmental Management Commission and is not open to shellfishing.
Existing permits for the original Town of Duck project site include a NCDWQ
Stormwater Permit No. 7060708 issued on 21 March 2007, NCDWQ General Water
Quality Certification No. 3400 (DWQ Project No. 061215) issued 4 August 2006 and the
US Army Corps of Engineers assigned the project COE ORM No. SAW-2006-40261-128
on 28 August 2006 and authorized the development under General Permit No. 198000291.
Project description
The applicant proposes to modify the existing permit to construct 1,250' of 10' wide
elevated wooden boardwalk to provide pedestrian access along the Sound connecting
existing businesses as well as the Town Park. The Town is attempting to create a
greenway connector for the community and hopefully alleviate heavy pedestrian
Major Modification - CAMA Major Permit No. 05707
Town of Duck - Boardwalk Project
Dare County
Express Permit Review Program
Page Two
foot traffic immediately adjacent NC 12. The boardwalk will begin at the waterfront shops
owned by Allis Holdings (and the current location of the Town offices) and continue south
to connect into the existing Town boardwalk. A second section of boardwalk will be
constructed from the south end of the existing boardwalk and terminate at the Wings store
with access back to NC 12. The meandering boardwalk will traverse open water (±300'),
SAV beds (±143'), Coastal Wetlands and 404 wetlands (±824') and uplands (±883'). The
layout of the boardwalk was designed to connect the existing businesses along the route
as well as reduce the wetland and SAV impact to the maximum extent possible.
A portion of the existing commercial pier on the Lucky Duck, LLC property will be
upgraded from the existing ±4' width to 10' wide and elevated to match the proposed 7' to
8' elevation(above NWL) of the proposed boardwalk. The existing gazebo at the landward
end of this structure will also be elevated from the existing ±2 above the NWL to the
proposed 7' allowing for greatly reduced shading of the wetland vegetation present under
this structure.
While the majority of the structure will be elevated 7' to 8' above the water or
wetland, the proposed walkway on the Duck United Methodist Church property is termed
low elevation and will be elevated 4' above the wetland substrate as measured to the
surface of the decking. The boardwalk at both ends of this property will ramp up to the 7 to
8 foot elevation.
The Town also proposes to construct two new buildings well outside the Coastal
Shoreline AEC on the site of the old Herron's Restaurant. This site is surrounded by the
Town Park and is now Town property. Approximately 14,725 ft2 of this site is currently
covered in asphalt, gravel or concrete. The applicant proposes to remove this material and
construct 9,172 ft2 of impervious surface associated with the two buildings. The proposed
meeting hall will be pile supported and the covered porch will shade 863 ft2 of 404
wetlands. The proposed office building will be constructed on a concrete slab at grade.
The proposed parking areas will be constructed using Gravelpave2 and pervious concrete.
The total impervious surface proposed is 18% of the upland portion of the Town Park
property and the total upland disturbance for the site is 56,628 ft2 (1.3 acres).
No new impervious structures are proposed within 75' of the Sound.
Anticipated impacts
The construction of the boardwalk will result in the shading of 3,000 ft2 of Sound
bottom including 888 ft2 of SAV, 3,114 ft2 of Coastal wetlands and 3,250 ft' of 404
wetlands. The construction of the meeting hall building will result in the shading of 863 ft'
of 404 wetlands. The project as proposed will result in the disturbance of ±56,628 ft2 (1.3
acres) of uplands as a result of the development activities.
David W. Moye - 7 September 2010
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TOWN OF DUCK, NORTH CAROLINA
September 1, 2010
North Carolina Division of Coastal Management
North Carolina Division of Water Quality
943 Washington Square Mall
Washington, NC 27889
Re: Town of Duck Soundside Boardwalk/Town Hall Complex - Submittal of CAMA Major
Permit and DWQ Stormwater Permit Modifications (Express)
Dear Sirs:
The Town of Duck is applying for modifications to its existing Division of Water Quality
Stormwater Permit (SW 7060708 Issued March 21, 2007) and Coastal Area Management Act
Major Permit (#05-07 Issued April 3, 2007) to authorize the construction of a Town Hall
Complex and Soundside Boardwalk Extension at the Town of Duck Municipal property located
at 1200 Duck Road. This proposed project will also require a 401 Water Quality Certification
from the Division of Water Quality and an Erosion and Sedimentation Control Permit from the
Division of Land Quality. As you may recall, the previous permits for the Town property
authorized site features including a children's playground, amphitheater, gazebo stage, picnic
shelter, soundside boardwalk, and associated parking and drive aisles. These facilities have now
been completed.
The is the final phase of proposed development to the Town Municipal property and will involve
the construction of two buildings, a town administrative office and community meeting hall, with
a combined footprint of 9,172 square feet. The Town is constructing these facilities in the
location of the former Herron's Restaurant and will replace existing impervious asphalt parking
and compacted gravel with permeable paving surfaces including Gravelpave2 and pervious
concrete. The two buildings will also utilize a rooftop rainwater collection system to limit
stormwater runoff and reuse captured water on-site. Construction of these buildings will not
involve land disturbance within the Area of Environmental Concern however it is anticipated that
the project will shade approximately 863 square feet of non-tidal 404 wetlands.
Based on calculations showing all improved surfaces as impervious including the Gravelpave2
areas, the entire project when completed will contain an impervious built upon area of 18 percent.
Using an alternative calculation which treats the Gravelpave2 surface as 60 percent pervious
based on criteria established by DWQ for flexible paving systems with a seven inch base, the
project will contain an impervious built upon area of 12.3 percent. Attached to the Stormwater
Permit Application is the required impervious surface breakdown and specifications for the
P. O. Box 8369 • Duck, North Carolina 27949
252-255-1234 9 252-255-1236 (fax) • www.townofduck.com
Gravelpave2 product. Also included is the project geotechnical report which includes an analysis
of soil conditions and the seasonal high water table in areas where the Gravelpave2 surface is
being proposed.
This application also includes a 2,150 linear foot extension to the existing soundfront boardwalk
which was authorized and constructed during the last phase of development. The Town would
like to extend this facility to provide additional public access to the Currituck Sound as well as to
serve as a pedestrian greenway connecting businesses and linking key attractions within the
commercial area of Town. To adequately provide for public use, the structure is proposed at 10
feet wide and utilizes the same design as the last phase of the project. The Town has determined
that 10 feet is necessary to comply with the Americans with Disabilities Act and to accommodate
the significant volume of pedestrians within the Duck Village Commercial Area during the
summer months.
With this application, the Town is proposing to extend the boardwalk south to 1186 Duck Road
(Wings) and north to 1240 Duck Road (the Waterfront Shops). The Town has acquired
easements from private property owners to allow for the construction of this facility. State
permitting agency representatives have conducted a field review of the project area and the
alignment has been shifted in several locations based on their input. Some coastal and other
wetland shading impacts are anticipated as the project transitions from upland areas to surface
waters; however, a significant portion of this phase will be located landward of the Area of
Environmental Concern. To mitigate the shading impacts introduced by the boardwalk in
wetland areas, the elevation of the structure is proposed at 7.0 feet above the wetland substrate
except in limited areas where the project transitions to grade in upland areas at the request of
property owners who have granted easements for the facility.
The Town is applying for these modifications under the Express Permit Program. We are
working with VHB, Inc. to provide the design drawings and calculations included with these
applications. The Town's representative with VHB is Chris DeWitt. His contact information is
[e-mail] or 757-220-0500. If you require additional information or have any questions
regarding any of the information provided herein, please contact Chris or Andy Garman, the
Town's Director of Community Development ([e-mail] or 252-255-1234),
and they will do their best to respond to you as soon as possible. We look forward to working
with you throughout the duration of this project and beyond.
Sincerely,
Christopher J. Layton, ICMA-CM
Town Manager
2
Detailed Narrative
Town of Duck, North Carolina
Town of Duck Soundside Boardwalk / Town Hall Complex, Phase II
September 1, 2010
Applicant: Christopher J. Layton
Town Manager
Town of Duck, North Carolina
Prepared by:
Chris DeWitt
Vanasse Haneen Rrusflin_ Inc.
Municipal Property Detailed Narrative - Plwse II
Duck, NC
Project History
The Town of Duck, North Carolina utilized the services of Vanasse Hangen Brustlin,
Inc. (VHB) to develop their Municipal Property Master Plan in 2004. The Master Plan
envisioned construction of a town hall in conjunction with a public park and related
amenities. The project site is located on Currituck Sound and the plan includes a
boardwalk to provide public sound access and passive recreation. Additionally, the
boardwalk will extend off-site to provide pedestrian access to Duck Village and
many nearby businesses, serving as an alternative to walking along heavily travelled
Duck Road (NC 12) which lacks sidewalks.
Implementation of the Master Plan commenced in 2006 with the construction of
Duck Town Park and other Phase I improvements which are described below. Phase
II will see continued implementation of this ongoing project with both onsite and
offsite improvements. This project narrative provides details of the improvements
that will be carried out in Phase II, including construction of the Duck Town Hall,
and extension of the new Soundside Boardwalk.
The project site consists of approximately 10 acres located on the west side of Duck
Road (NC 12) in the Town's center. In addition to the improvements built as part of
Phase I the property currently includes maritime forest, cleared areas, wetlands, a
former restaurant site, and a small family cemetery. The municipal site has sandy
soils that infiltrate at 11" per hour based on geotecllnical analysis conducted as part
of the site design for the park. Development of the town-owned site is largely being
limited to areas that are already cleared or developed to minimize land disturbance
and impervious surfaces. Landscaped areas will reintroduce native vegetation and
soils to ensure a project that is harmonious with the existing environment.
Improvements Completed to Date
The Master Plan requires a phased implementation of the conceptual improvements
with this project being a continuation of the improvements made to date. Phase I
improvements were constructed between 2006 and 2009 and resulted in the
development of a public park with a variety of amenities. Phase I included
construction of an amphitheater, town green with gazebo, and picnic facilities on the
southern half of the site. A playground area, multiple points of pedestrian access,
and public parking with driveway access were constructed on the northern part of
the municipal property during Phase 1. Pedestrian access was provided by
constructing stone dust trails to link these amenities. A boardwalk with kayak
launch, wildlife observation areas and overlooks was constructed along Currituck
Sound. The completed section of boardwalk extends the length of Duck Town Park
with observation platforms at either end. A section of inland boardwalk was
constructed to provide access across the onsite wetlands and through a forested area
connecting the public parking to the sound-side boardwalk. Phase II construction
will extend the boardwalk offsite both to the north and south to link the municipal
property to pedestrian destinations within Duck Village.
Improved Drainage
In addition to the construction, drainage improvements were made to remedy an
existing roadway flooding problem along Duck Road. This flooding problem was
associated with roadway drainage and not drainage from the site or from the existing
or proposed improvements.
4
Municipal Property Detailed Narrative - Phase II
Duck, NC
To correct the existing flooding adjacent to NC12, an infiltration swale was
constructed along the new driveway entrance. This low impact technique utilized re-
grading to bring stormwater into contact with highly pervious sand, thereby
providing quantity and quality treatment. The area for the swale had previously
been at an elevation higher than the roadway; runoff would therefore pond at this
location, extending into the roadway creating a safety hazard. The ponded runoff
would eventually flow directly into nearby wetlands without any treatment for
pollutants. Regrading the upland area allowed runoff to come into contact with
native sandy soil, thereby alleviating the ponding while also providing stormwater
treatment prior to the runoff entering adjacent wetlands.
The Town chose to address this pre-existing condition concurrently with park
improvements. The swale is not intended to treat or collect runoff from existing or
proposed onsite improvements. Improvements constructed as part of the Master Plan
implementation will rely on pervious materials, stormwater capture for reuse, and
distributed onsite infiltration.
Proposed Improvements
Phase II will consist of constructing the Duck Town Hall on the former restaurant site
and the extension of the boardwalk constructed during Phase 1. The Phase 11
boardwalk construction will link Duck Town Park with Duck Village and the
majority of the sound-side businesses. Public access to Currituck Sound is very
limited with few opportunities to enjoy the natural beauty and recreation that the
sound has to offer. Construction of the boardwalk will provide significant public
access to the sound for both active and passive recreation. The boardwalk will
provide scenic overlooks along the sound, serving as an attraction to both residents
and visitors. The boardwalk will be designed and built to connect to, or replace
existing paths, piers, and decks. The boardwalk and related improvements will be
designed and built to comply with ADA requirements to ensure accessibility for all
users.
Duck Road, a two lane arterial, carries an estimated 24,000 vehicles on a typical
weekday. Duck Village, just to the north of the municipal site, is home to more than
one hundred local businesses making it very conducive to pedestrian travel, despite
the lack of pedestrian accommodations. Duck Village experiences significant
pedestrian activity with many people walking along Duck Road to access the village.
By extending the boardwalk north and south through the area of Duck Village it is
anticipated that many of the existing pedestrian trips will be diverted to the
boardwalk.
With nature overlooks, kayak launches, access to boat slips and fishing areas, the
boardwalk is also expected to serve as an independent attraction and induce
additional pedestrian trips throughout the Duck Village. The Town of Duck views
the boardwalk as an essential component of the Town's vision for Duck Village. It
will provide safe pedestrian access throughout the Village, public waterfront access,
and serve as a unique amenity to further define Duck and the Outer Banks as a travel
destination.
The Town has already been approved for a grant from the Dare County Tourism
Bureau to pay for half of this project. The Town anticipates leveraging future grant
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Municipal Property Detailed Narrative - Phase II
Duck, NC
funds to complete the balance of the project. It is anticipated that a single, revised
permit from the Phase I development will be submitted for development of the Town
Hall and boardwalk extension.
Detailed Project Description and Environmental Impacts
Phase II of the Town of Duck Municipal Master Plan entails two primary
components; construction of the Duck Town Hall and extension of the boardwalk
constructed during Phase 1.
Implementation of the Master Plan seeks to minimize environmental impacts
resulting from the construction and to mitigate existing conditions. The Town Hall
will utilize the former restaurant site which will significantly reduce the amount of
clearing and land disturbance necessary to accommodate the footprint of the two
municipal structures that will be built. The existing asphalt parking lot and
compacted gravel surfaces on the former restaurant site will be removed and
pervious materials will be utilized for the new entrance and parking lot which will
reduce stormwater runoff and non-point source pollution,
Parking Area and Entrance Drive
The parking area for the Town Hall is proposed in a previously cleared area to
minimize land disturbance. This parking area will use GravelPave, an ADA-
approved surface with minimized maintenance costs that can withstand unlimited
parking traffic. GravelPave consists of a sandy gravel road base layered on top of the
subgrade at a depth determined by the load requirements of the facility. This road
base will be greater than 2' above the seasonal high water table. On top of this road
base, flexible GravelPave ring sections with attached filter fabric (to decontaminate
infiltrated stormwater) are rolled out and fit together with snap fit fasteners, fitting to
the contours of the site. These rings are filled with a fine gravel (3/16" or smaller) to
just over the ring height. The system provides an overall flow rate of 275 gallons per
minute per square foot. Unlike a traditional gravel surface the combination of ring
sections and filter fabric prevent over-compaction and filling of void space which
eventually leads to an impervious surface.
Pervious concrete pavement will be utilized for the parking entrance, the driveway
apron, crosswalks, and the handicapped spaces. The pervious concrete will provide
added stability for those with mobility impairments as well as where greater impacts
result from vehicles, while minimizing runoff. Although pervious concrete will allow
infiltration of stormwater, these areas have been calculated with the assumption that
they are impervious. Despite inclusion of these pervious paving materials in the
calculation of total impervious surfaces, each drainage area on the site will be less
than 21% impervious, maintaining the natural infiltration capacity of the site.
The design of the Town Hall will also minimize impervious surfaces and the
resulting stormwater and pollutant load. The Town Hall will consist of two
structures; the main office, located towards the front of the site, and a meeting hall
located to the west, just behind the offices. The meeting hall will be built on pilings
allowing infiltration of sheetflow in the area which would otherwise be occupied by
the building's foundation.
Stomwater will be further managed on-site through the use of cisterns to collect
rainwater for later re-use to water landscaping, thereby reducing stormwater as well
4
Municipal Property Detailed Narrative - Phase 11
Duck, NC
as water consumption associated with landscape irrigation. Native landscaping will
be utilized which provides for stormwater interception and absorption, and use of
native species that are adapted to the local climate and are more drought tolerant
reduce the need for watering.
The Town Hall will be designed and built to the U.S. Green Building Council's LEED
(Leadership in Energy and Environmental Design) standards, however at this time it
has not been determined if LEED certification will be sought due to additional costs
to do so. LEED standards reflect a commitment to reducing resource consumption,
use of sustainable materials, and reduced environmental impacts associated with
development and construction projects.
Stormwater Calculations and Wetlands Impacts
As described above, multiple low-impact strategies are being employed to reduce the
quantity of stormwater, and to retain stormwater for onsite infiltration or
landscaping use. These strategies will address both stormwater quantity and quality
issues. No curbing or stormwater collection is proposed in the parking area or along
the entrance drive. Curbing is proposed only at the concrete driveway apron. All
proposed improvements are designed to sheet flow into the native sandy soils and
infiltrate through the partially pervious GravelPave surfaces. Project proposes 10"
gravel sub-base beneath the GravelPave surface. According to North Carolina
Department of Environmental and Natural Resources and Division of Water Quality
subbase in excess of 7" constitutes a 60% pervious surface. Phase II improvements
will maintain a minimum 50' vegetated buffer from any coastal wetlands on the site.
Wetland impacts are detailed for each of the three subwatershed drainage areas
onsite, as are off-site impacts resulting from the boardwalk.
With the exception of the cistern to collect rainwater from the Town Hall rooftop
there is no collection of stormwater runoff from the improvements and no
stormwater structures associated with the improvements, either constructed or
proposed. All areas around the improvements are native sand and vegetation, and
maintain a minimum 50' vegetated buffer between the improvements and wetlands.
Any sheet flow will utilize this 50' vegetated buffer.
For purposes of this description, the site was divided into 3 subwatershed areas as
shown on the accompanying Drainage Area Map (Sheet 11). Note that all drainage
calculations were determined assuming GravelPave as an impervious surface as well
as assuming that GravelPave is a partially pervious surface (60% pervious), while the
proposed trails and pervious concrete were considered impervious. Both sets of
calculations ensures that adequate stormwater infiltration is achieved and total
impervious area remains well below the required 24% threshold.
Subwatershed 1
Subwatershed 1 is directly adjacent to NC 12, totaling 2.56 acres of open land,
maritime forest, and the former restaurant site. When wetlands are excluded from
the subwatershed acreage, it totals 2.45 acres. For the purpose of this narrative, the
impervious calculations assuming GravelPave as 60% pervious are shown in
parenthesis. The drainage area is currently 15.9% (12.2%) impervious due largely to
the restaurant's asphalt parking lot and compacted gravel base where the building
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Municipal Property Detailed Narrative - Phase II
Duck, NC
stood. Subwatershed 1 also includes a small playground area (approximately 600
square feet) that includes a manufactured mulch ground cover.
In subwatershed 1, any sheet flow across the GravelPave northern entrance drive
flows north and south off of the crowned surface. The manufactured mulch at the
playground minimizes runoff, but any sheet flow will flow east. There is no
collection of stormwater runoff from the improvements and no stormwater
structures associated with the improvements.
Replacement of the existing asphalt parking lot with a GravelPave surface will allow
increased infiltration of stormwater, and a reduction in the impervious cover within
this subwatershed. Part of the Town Hall will be constructed within this drainage
area, but overall impervious coverage will still decrease. The proposed
improvements will result in a reduction of 0.01 (0.04) acres of impervious surface in
subwatershed 1 with the construction of the town hall buildings, decking, concrete
sidewalks, stone dust access paths, driveway entrance, and GravelPave parking lots.
The total impervious area within subwatershed 1 at the completion of Phase 11 will
be approximately 0.38 (0.26) acres for a total of 15.5% (10.6%) impervious.
Subwatershed 2
Subwatershed 2 consists of 4.48 acres (2.55 acres when wetlands are excluded)
directly adjacent to both subwatershed 1 and the northern property boundary. This
area is primarily pervious, consisting of sandy soils, open areas, and vegetated areas.
Phase I improvements in this drainage area include a portion of the northern
entrance drive, and the entire parking facility (both of which are constructed of
GravelPave, a partially pervious surface). The location of the parking was selected
because it was a previously cleared area with limited vegetation. Temporary
restroorns (2 port-a-potties) are also located in the drainage area. No further
development will take place in this drainage area during Phase II and the impervious
cover will remain at 18.0% (7.5%) for subwatershed 2.
In subwatershed 2, any sheet flow across the GravelPave access drive flows north
and south off of the crowned surface. Any sheet flow across the GravelPave parking
and concrete handicap spaces and crosswalks flows west, as does runoff from the
area of the temporary restrooms.
Subwatershed 3
Subwatershed 3 totals 2.51 acres (2.21 when wetlands are excluded) on the southwest
segment of the property. Comprised primarily of maritime forest, this drainage area
includes impervious surfaces from the former restaurant site including most of the
area previously occupied by the building. Phase I improvements increased the
impervious percentage to 13.1% with the development of an amphitheater, shelter,
and gazebo as well as stone dust trails linking these amenities. All Phase I
improvements were designed to minimize clearing and grading in order to maintain
the natural infiltration and treatment capacity of the site's sandy soil.
In subwatershed 3, runoff from the picnic shelter, gazebo, and amphitheater sheet
flows into native sand and vegetation. Runoff from the gazebo flows north through
the vegetated town green. Runoff from the shelter and the amphitheater flows west.
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Municipal Property Detailed Narrative - horse II
Duck, NC
Construction of the Town Hall and related improvements will result in a net increase
of 0.17 (0.15) acres of impervious surface in this drainage area. This will result in a
total imperviousness of 20.8% (19.9%) for subwatershed 3 at the completion of Phase
II. Though the Town Hall facility will be located primarily within the limits of the
previously cleared and developed area occupied by the former restaurant, some
additional clearing and land disturbance will be necessary. Approximately 1,007 SF
of wetlands will be impacted by the construction of the two town hall buildings.
Minimal clearing will be required in order to provide adequate access for the
construction of slab foundation of the proposed office building. This clearing will
result in approximately 144 SF of disturbance however no fill will be placed in this
area. The proposed meeting hall facility will be built on pilings, resulting in partial
shading of 863 SF of Section 404 wetlands. This will require permitting from the U.S.
Army Corps of Engineers and the North Carolina Department of Environment and
Natural Resources.
Boardwalk Extension
Phase II will result in a significant extension of the Soundside Boardwalk constructed
along Currituck Sound as part of the Phase I improvements. The boardwalk will
utilize a ten foot wide surface of wooden decking. Due to high volume of pedestrians
traveling within Duck village through the summer season, a ten foot wide boardwalk
is proposed. The boardwalk will serve two-way traffic, therefore the ten foot width
is necessary to allow for passing and resting points in both directions. Pedestrians
and/or persons with disabilities will be able to rest at any location to view the Sound
allowing enough room for other pedestrians to pass. Due to the variety of
environments through which the boardwalk passes, some sections will be built on-
grade though the majority will be above-grade, crossing open water and wetlands.
The structure will be built to comply with ADA regulations to ensure accessibility by
people with mobility impairments. Changes in elevation will be accomplished
through gradual grade changes that do not exceed 5% running slopes. At several
locations the boardwalk will tie into, or co-locate with existing decks, piers, or
walkways. Appropriate measures, up to and including complete reconstruction of
existing facilities will ensure ADA compliance and continuity of the structure.
Beginning at the overlook deck located at the southern terminus of the existing
boardwalk, Phase II construction will extend the boardwalk south from Duck Town
Park approximately 540 linear feet. The extension will terminate by tying into an
existing wooden pier located at 1188 Duck Road. This section of boardwalk will
provide access to several businesses adjacent to and immediately south of Duck
Town Park. This section of boardwalk will be built on pilings above grade resulting
in 1,540 square feet of wetland shading impacts associated with this section, of which
1,440 SF are CAMA wetlands and 100 SF are COE wetlands.
The majority of the boardwalk extension proceeds northward, linking the municipal
site with Duck Village. Phase II will begin at the northern terminus of the existing
boardwalk located at the northern end of Duck Town Park. The boardwalk will
continue through undeveloped and developed portions of both private and publicly
owned properties. The Phase II construction will terminate on the existing deck at the
Waterfront Shops located at 1240 Duck Road. The Town has obtained a perpetual
easement from each property owner to construct and maintain the boardwalk for
'%W _ 7
Municipal Property Detailed Narrative - Phase 11
Duck, NC
public use. Therefore there will be no need to purchase right of way to construct the
boardwalk. The boardwalk will be located in several different environments,
including uplands and wetlands, throughout its length.
Where it begins at the northern end of the Duck Town Park, it will be constructed as
an elevated structure over the open water of the Currituck Sound. As it continues
roughly 50 feet to the north along the western boundary of the Nags Head
Hammocks property (1212 Duck Road) it will cross a small upland island and then
continue as an elevated structure over 404 wetlands and a small CAMA/404 wetland
area until it reaches the middle portion of the property at 1214 Duck Road, which is
the site of the Duck United Methodist Church. The elevated section of the structure
will result in shading impacts to 1,592 square feet of wetlands, of which 335 SF are
CAMA 'oetlands and 1,257 SF are COE wetlands.
At the site of the church the structure will be constructed at-grade in an existing
undeveloped, upland area and will continue this way for the remainder of the
property at 1214 Duck Road. As it approaches the northern boundary of this
property, it will again be elevated over existing 404 wetlands until it reaches the deck
of the southernmost building at 1216 Duck Road. The Boardwalk will co-locate on
the existing deck of this building for a short distance where it will then separate and
continue to the north over an existing upland area and sidewalk until it reaches the
northernmost building of 1216 Duck Road. Elevated elements of this section of
boardwalk will result in shading of 941 square feet of wetlands, of which 161 SF are
CAMA wetlands and 780 SF are COE wetlands.
At this point, the boardwalk will co-locate along an existing deck for the length of the
building. It will then continue along an existing walkway until it reaches the building
at 1226 Duck Road. The boardwalk will co-locate on the existing deck of this building
and then ramp down from the building as a separate structure and continue to the
north until it turns west as it reaches the existing four-foot wide pier at 1226 Duck
Road. To improve access and maintain continuity along the structure the Town will
reconstruct this existing pier as a 10-foot wide boardwalk in the same location over
the open water of the Currituck Sound. The Boardwalk will continue west along the
alignment of the existing pier for a distance of approximately 305 feet where it will
then separate and turn to the north. Increasing the width of the existing four foot
wide pier will result in shading impacts to 534 square feet CAMA wetlands.
From this point the boardwalk will continue approximately 300 feet as an elevated
structure over the open water of the Currituck Sound west of the Dare County Water
Tower until it connects to the existing elevated deck of the Waterfront Shops at 1240
Duck Road. In addition to the boardwalk a new pier with boat slips at the Waterfront
shops will extend westward from the existing deck over the open water of the
Currituck Sound. This section of boardwalk will result in shading impacts to 92
square feet CAMA wetlands. However, since much of this section of the structure is
situated over open water it will result in shading 888 square feet of submerged
aquatic vegetation (SAV).
The total length of the Phase II Boardwalk extension is approximately 2,150 linear
feet. There will be minimal vegetation clearing or tree removal for this project.

Municipal Property
Duck, NC
Detailed Narrative - Phase 11
Wetland and SAV impacts will primarily be associated with shading resulting where
the structure is above grade or over open water.
Low-Density Criteria
The municipal property site plan meets all criteria to be considered low-density
development.
No high-density areas of development will occur across the 10 acre site;
• No stormwater will be collected other than rooftop rainwater harvesting. Runoff
from all proposed improvements will utilize sheet flows and natural infiltration;
• A minimum 50' buffer will be maintained between proposed improvements and
coastal wetlands, and;
• Each drainage area, as well as the total site, will be less than 24% impervious.
ATTACHMENTS:
o Duck Town Hall Existing Conditions
o Duck Town Hall Proposed Plan
o Duck Boardwalk Phase II proposed alignment
o Drainage Area Map
Aft

NO rr4 APPLICHIONfor
Major Development Permit
(last revised 12/27/06)
North Carolina DIVISION OF COASTAL MANAGEMENT
1. Primary Applicant/ Landowner Information
Business Name
Town Of Duck, North Carolina Project Name (if applicable)
Town of Duck Soundside Boardwalk/Town Hall Complex
Applicant 1: First Name
Christopher MI
J. Last Name
Layton
Applicant 2: First Name MI Last Name
If additional applicants, please attach an additional page(s) with names listed.
Mailing Address
1240 Duck Road, Suite 106 PO Box
8369 City
Duck State
NC
ZIP
27949 Country
USA Phone No.
252 - 255 -
1234 ext. FAX No.
252 - 255 - 1236
Street Address (if different from above) City State ZIP
Email
clayton @townofduck.com
2. AgentJContractor Information
Business Name
Agent/ Contractor 1: First Name MI Last Name
Agent/ Contractor 2: First Name MI Last Name
Mailing Address PO Box City State
ZIP Phone No. 1
ext. Phone No. 2
ext.
FAX No. Contractor #
Street Address (if different from above) City State ZIP
_ I
Email
<Form continues on back>

Form DCM MP-1 (Page 2 of 4)
APPLICATION for
Major Development Permit
3. Project Location
Street Address
County (can be multiple) State Rd. #
1200 Duck Road -Town Park
Dare NC 12
1186 - 1240 Duck Road - Bo ardwalk
Subdivision Name City State Zip
None Duck NC 27949 -
Phone No. Lot No.(s) (if many, attach additional page with list)
252 - 255 - 1234 ext. , , , ,
a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project
Pasquotank Currituck Sound
c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site.
®Natural ?Manmade ?Unknown Currituck Sound
e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed
®Yes ?No work falls within.
Town of Duck, North Carolina
4. Site Description
a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.)
7,895 lin.ft. 463,500 sq. ft.
c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or
Boardwalk Easement 21,500 sq ft. Town Park 442,000 sq. NWL (normal water level)
ft, 0-33 ft. ?NHW or ®NWL
(if many lot sizes, please attach additional page with a list)
e. Vegetation on tract
Live Oak, Loblolly Pine, American Holly, Red Maple, Willow Oak, Sweetgum, Cypress, Wax Myrtle, Giant Cordgrass,
Smooth Cordgrass, Cattail, Sawgrass, Black Needlerush
f. Man-made features and uses now on tract
Town Park including amphitheater, children's playground, walking trails, soundside boardwalk with kayak launch, parking
and drive aisles, former Herron's Restaurant parking and drive aisle;
Boardwalk traverses Duck United Methodist Church property and several commercial businesses consisting of retail and
restaurant uses
g. Identify and describe the existing land uses adjacent to the proposed project site.
South of the project - Sun Realty Offices
North of the project - the Waterfront Shops and Prudential Realty Offices
h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning?
Conservation/Public Recreation/Commercial (Attach zoning compliance certificate, if applicable)
?Yes ?No ?NA
j. Is the proposed activity part of an urban waterfront redevelopment proposal? ?Yes ®No
k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ?Yes ®No ?NA
If yes, by whom?
1. Is the proposed project located in a National Registered Historic District or does it involve a ?Yes ®No ?NA
National Register listed or eligible property?
<Form continues on next page>

Form DCM MP-1 (Page 3 of 4)
APPLICATION for
Major Development Permit
m. (i) Are there wetlands on the site? ®Yes ?No
(ii) Are there coastal wetlands on the site? ®Yes ?No
(iii) If yes to either (i) or (ii) above, has a delineation been conducted? ?Yes ?No
(Attach documentation, if available)
n. Describe existing wastewater treatment facilities.
Each property traversed by the proposed project has an on-site septic system
o. Describe existing drinking water supply source.
Dare County Public Water
p. Describe existing storm water management or treatment systems.
Town Park utilizes low-density stormwater management via natural filtration, other properties have managed stormwater
5. Activities and Impacts
a. Will the project be for commercial, public, or private use? ?Commercial ®Public/Government
? Private/Community
b. Give a brief description of purpose, use, and daily operations of the project when complete.
The purpose of the boardwalk project is to provide public access to the Currituck Sound for passive recreation as well as
kayaking, crabbing, and fishing. The boardwalk will also serve as a greenway connecting soundfront businesses and the
Duck Town Park. The Town Hall and Community Meeting Hall will function as the Town's administrative offices and will
provide a location for community meetings, special events, and public restrooms for the Town Park.
c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type
of equipment and where it is to be stored.
The boardwalk will be an elevated, 10-foot wide wooden structure on round wooden piles. Primary pile driving equipment
will consist of an excavator and vibratory hammer attachment on a floatation base. This equipment will be stored in
designated staging areas in existing commercial and public parking areas. Conventional commercial construction equipment
will be used for the Town Hall buildings. This will be stored on-site in the exisitng parking and gravel areas.
d. List all development activities you propose.
Construction of a 10-foot wide elevated boardwalk totaling 2,150 linear feet.
Construction of a Town administrative office and meeting hall with associated pervious parking and drive aisles. This will
redevelop a former commercial site. The footprint of construction will total approximately 24,181 sq. ft. New built-upon area
will total 9,456 sq. ft.
e. Are the proposed activities maintenance of an existing project, new work, or both? New Work
f. What is the approximate total disturbed land area resulting from the proposed project? 1.3 ?Sq.Ft or ®Acres
g. Will the proposed project encroach on any public easement, public accessway or other area ?Yes ®No ?NA
that the public has established use of?
h. Describe location and type of existing and proposed discharges to waters of the state.
None
i. Will wastewater or stormwater be discharged into a wetland? ?Yes ®No ?NA
If yes, will this discharged water be of the same salinity as the receiving water? ?Yes ?No ?NA
j. Is there any mitigation proposed? ?Yes ?No [DNA
If yes, attach a mitigation proposal.
<Form continues on backs

Form DCM MP-1 (Page 4 of 4)
APPLICATION for
Major Development Permit
6. Additional Information
In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application
package to be complete. Items (a) - (0 are always applicable to any major development application. Please consult the application
instruction booklet on how to properly prepare the required items below.
a. A project narrative.
b. An accurate, dated work plat (including plan view and cross-sectional drawings) drawn to scale. Please give the present status of the
proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish
between work completed and proposed.
c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site.
d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties.
e. The appropriate application fee. Check or money order made payable to DENR.
f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such
owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in
which to submit comments on the proposed project to the Division of Coastal Management.
Name See Attached List Phone No.
Address
Name Phone No.
Address
Name Phone No.
Address
g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates.
CAMA Major Permit 50-07 Issued April 3, 2007 Permittee - Town of Duck
NC Stormwater Permit #SW7060708 Issued March 21, 2007 Permittiee - Town of Duck
h. Signed consultant or agent authorization form, if applicable.
i. Wetland delineation, if necessary.
j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner)
k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure
of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act.
7. Certification and Permission to Enter on Land
I understand that any permit issued in response to this application will allow only the development described in the application.
The project will be subject to the conditions and restrictions contained in the permit.
I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to
enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up
monitoring of the project.
I further certify that the information provided in this application is truthful to the best of my knowledge.
Date Print Name t ,
Signature
Please indicate application attachments pertaining to your proposed project.
?DCM MP-2 Excavation and Fill Information ?DCM MP-5 Bridges and Culverts
EIDCM MP-3 Upland Development
®DCM MP-4 Structures Information

Form DCM MP-3
UPLAND DEVELOPMENT
(Construction and/or land disturbing activities)
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint
Application that relate to this proposed project. Please include all supplemental information.
GENERAL UPLAND DEVELOPMENT
a. Type and number of buildings, facilities, units or structures b. Number of lots or parcels.
proposed. Upland development will occur on one parcel.
Town Administrative Offices and Community Meeting Hall
with associated parking, drive aisles, and wastewater
system
c. Density (give the number of residential units and the units per
acre).
N/A
e. If the proposed project will disturb more than one acre of land, the
Division of Land Resources must receive an erosion and
sedimentation control plan at least 30 days before land-disturbing
activity begins.
(i) If applicable, has a sedimentation and erosion control plan been
submitted to the Division of Land Resources?
?Yes ?No ?NA
(ii) If yes, list the date submitted: August 30, 2010
d. Size of area to be graded, filled, or disturbed including roads,
ditches, etc.
1.3 acres
f. List the materials (such as marl, paver stone, asphalt, or concrete)
to be used for impervious surfaces.
Two timber frame buildings; concrete for handicapped
parking
g. Give the percentage of the tract within the coastal shoreline AEC to
be covered by impervious and/or built-upon surfaces, such as
pavement, building, rooftops, or to be used for vehicular driveways
or parking.
No new impervious areas in the AEC
i. Give the percentage of the entire tract to be covered by impervious
and/or built-upon surfaces, such as pavement, building, rooftops,
or to be used for vehicular driveways or parking.
h. Projects that require a CAMA Major Development Permit may also
require a Stormwater Certification.
(i) Has a site development plan been submitted to the Division of
Water Quality for review?
®Yes ?No ?NA
(ii) If yes, list the date submitted: September 1, 2010
18% impervious
j. Describe proposed method of sewage disposal.
Conventional On-Site Wastewater System
1. Describe location and type of proposed discharges to waters of the
state (e.g., surface runoff, sanitary wastewater, industrial/
commercial effluent, "wash down" and residential discharges).
Surface runoff
k. Have the facilities described in Item (i) received state or local
approval?
?Yes ®No ?NA
If yes, attach appropriate documentation.
m. Does the proposed project include an innovative stormwater
design?
®Yes ?No ?NA
If yes, attach appropriate documentation.

F
m. Describe proposed drinking water supply source (e.g., well,
community, public system, etc.)
Public System
n. (i) Will water be impounded? ?Yes ®No ?NA
(ii) If yes, how many acres?
o. When was the lot(s) platted and recorded?
July 14, 2006
p. If proposed development is a subdivision, will additional utilities be
installed for this upland development?
?Yes ®No ?NA
J
Date
September 1, 2010
Project Name
Town of Duck Soundside Boardwalk/Town Hall Complex
Applicant Name
Christopher J. Layton
Applicant S?gnature ,

Form DCM MP-4
STRUCTURES
(Construction within Public Trust Areas)
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint
Application that relate to this proposed project. Please include all supplemental information.
1. DOCKING FACILITY/MARINA CHARACTERISTICS
a. (i) is the docking facility/marina:
?Commercial ?Public/Government ?Private/Community
® This section not applicable
b. (i) Will the facility be open to the general public?
?Yes ?No
c. (i) Dock(s) and/or pier(s)
(ii) Number
(iii) Length
(iv) Width
(v) Floating ?Yes ?No
e. (i) Are Platforms included? ?Yes ?No
If yes:
(ii) Number
(iii) Length
(iv) Width
(v) Floating ?Yes ?No
Note: Roofed areas are calculated from dripline dimensions.
g. (i) Number of slips proposed
(ii) Number of slips existing
i. Check the proposed type of siting:
? Land cut and access channel
?Open water; dredging for basin and/or channel
?Open water; no dredging required
?Other; please describe:
k. Typical boat length:
d. (i) Are Finger Piers included? ?Yes ?No
If yes:
(ii) Number
(iii) Length
(iv) Width
(v) Floating ?Yes ?No
f. (i) Are Boatlifts included? ?Yes ?No
If yes:
(ii) Number
(iii) Length
(iv) Width
h. Check all the types of services to be provided.
? Full service, including travel lift and/or rail, repair or
maintenance service
? Dockage, fuel, and marine supplies
? Dockage ("wet slips") only, number of slips:
? Dry storage; number of boats:
? Boat ramp(s); number of boat ramps:
? Other, please describe:
j. Describe the typical boats to be served (e.g., open runabout,
charter boats, sail boats, mixed types).
1. (i) Will the facility be open to the general public?
?Yes ?No
m. (i) Will the facility have tie pilings?
?Yes ?No
(ii) If yes number of tie pilings?

Z DOCKING FACILITY/MARINA OPERATIONS 0This section not applicable
a. Check each of the following sanitary facilities that will be included in the proposed project.
? Office Toilets
? Toilets for patrons; Number: ; Location:
? Showers
? Boatholding tank pumpout; Give type and location:
b. Describe treatment type and disposal location for all sanitary wastewater
c. Describe the disposal of solid waste, fish offal and trash.
d. How will overboard discharge of sewage from boats be controlled?
e. (i) Give the location and number of "No Sewage Discharge" signs proposed.
(ii) Give the location and number of "Pumpout Available" signs proposed.
f. Describe the special design, it applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products.
g. Where will residue from vessel maintenance be disposed of?
h. Give the number of channel markers and "No Wake" signs proposed.
i. Give the location of fuel-handling facilities, and describe the safety measures planned to protect area water quality.
j. What will be the marina policy on overnight and live-aboard dockage?
k. Describe design measures that promote boat basin flushing?
1. If this project is an expansion of an existing marina, what types of services are currently provided?
m. Is the marina/docking facility proposed within a primary or secondary nursery area?
?Yes ?No

n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area?
?Yes ?No
o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom
(SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected.
?CW ?SAV ?SB
?WL []None
p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ?Yes ?No
If yes, give the name and address of the leaseholder(s), and give the proximity to the lease.
3. BOATHOUSE (including covered lifts) ® This section not applicable
a. (i) Is the boathouse structure(s):
[]Commercial []Public/Government []Private/Community
(ii) Number
(iii) Length
(iv) Width
Note: Roofed areas are calculated from dripline dimensions.
4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) ® This section not applicable
a. (i) Number
(ii) Length
(iii) Width
5. BREAKWATER (e.g., wood, sheetpile, etc.) ®This section not applicable
a. Length b. Average distance from NHW, NWL, or wetlands
c. Maximum distance beyond NHW, NWL or wetlands
6. MOORING PILINGS and BUOYS ®This section not applicable
a. Is the structure(s):
[]Commercial []Public/Government []Private/Community
c- Distance to be placed beyond shoreline
Note: This should be measured from marsh edge, if present.
e. Arc of the swing
7. GENERAL
b• Number
d. Description of buoy (color, inscription, size, anchor, etc.)

A 1
a. Proximity of structure(s) to adjacent riparian property lines
100+ feet
b. Proximity of structure(s) to adjacent docking facilities.
N/A
Note: For buoy or mooring piling, use arc of swing including length
of vessel.
c. Width of water body
Several Miles
d. Water depth at waterward end of structure at NLW or NWL
0-2 feet below NWL.
e. (i) Will navigational aids be required as a result of the project?
?Yes ®No ?NA
(ii) If yes, explain what type and how they will be implemented.
8. OTHER ? This section not applicable
a. Give complete description:
This project includes 2,150 feet of soundside boardwalk. The boardwalk will be designed as a 10-foot wide elevated wooden
structure. The structure will be elevated a minimum of at least three feet above surface waters or wetlands with average
elevations of 7-8' above msl. The structure will shade approximately 3,008 square feet of CAMA wetlands and 3,250 feet of
COE wetlands. There will be no placement of fill for the soundside boardwalk. The structure will also shade approximately
888 square feet of submerged aquatic vegetation.
September 1, 2010
Date
Town of Duck Soundside Boardwalk/Town Hall Complex
Project Name
Town of Duck, North Carolina
ARpllqant Name
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U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2009-01250 County: Dare U.S.G.S. Quad: Jarvisburg
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Agent: Town of Duck clo Done DeBerry; VHB Inc.
Address: 351 McLaws Circle
Suite
Williamsbure. Vireinia 23185
Telephone No.: 757-220-0500
Property description:
Size (acres) Aunrox 30 ac Nearest Town Duck
Nearest Waterway Currituck Sound River Basin Paso otank
USGS HUC 03010205 Coordinates N 36.172810 W -75.756876
Location description Protect area located along the western shoreline of the Town of Duck waterfront. in Duck. Dare
County. North Carolina
Indicate Which of the Following Apaly:
A. Preliminary Determination
Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have
this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a
jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action
under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331).
B. Approved Determination
There are Navigable Waters of the United States within the above described property subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or
our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
X There are waters of the U.S. including wetlands on the above described project area subject to the permit requirements of
Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
We strongly suggest you have the wetlands on your property delineated Due to the size of your property and/or our
present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely
delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps.
X The waters of the U.S. including wetland on your project area have been delineated and the delineation has been
verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be
reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to
CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be
relied upon for a period not to exceed five years.
_ The wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps
Regulatory Official identified below on . Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act
(CAMA). You should contact the Division of Coastal Management in Elizabeth City, NC, at [phone] to determine
their requirements.
Page 1 of 2
Action ID:
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this
determination and/or the Corps regulatory prograno, please contact Tom Steffens at 252-948-1434.
C. Basis For Determination
This nrolect site exhibits wetland criteria as described in the 1987 Corps Wetland Delineation Manual and exhibits an
ordinary high water mark abutting the Currituck Sound, atraditionally navigable water..
D. Remarks
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the
particular site identified in this request. The delineation/determination may not be valid for the wetland conservation
provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation
in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources
Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in
B. above)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this
determination you must submit a completed RFA form to the following address:
District Engineer, Wilmington Regulatory Division
Attn:Tom Steffens, Project Manager,
Washington Regulatory Field Office
Post Office Box 1000
Washington, North Carolina 27889
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for
appeal under 33 CFR part 331.5, and that it has been received by the District Office within 60 days of the date of the NAP.
Should you decide to submit an RFA form, it must be received at the above address by 09/01/2009.
**It is not necessary to submit an RFA form to the District Office if you do not object to the determination in this
correspondence.**
G
Corps Regulatory Official: / ??
Date 07/01/2009 Expiration Date 07/01/2014
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to
do so, please complete the Customer Satisfaction Survey located at our website at http://regulatory.usacesurvey.co m/ to
complete the survey online.
Copy furnished:
Doug DeBerry, VHB Inc.
Page 2 of 2
TOWN OF DUCK, NORTH CAROLINA
September 1, 2010
North Carolina Division of Coastal Management
North Carolina Division of Water Quality
943 Washington Square Mall
Washington, NC 27889
Re: Town of Duck Soundside Boardwalk/Town Hall Complex - Compliance with the North
Carolina Environmental Policy Act
Dear Sirs:
The Town of Duck is applying for modifications to its existing Division of Water Quality
Stormwater Permit and Coastal Area Management Act Major Permit to authorize the
construction of a Town Hall Complex and Soundside Boardwalk Extension at the Town's Park
property located at 1200 Duck Road. The project will involve the construction of two buildings,
a town administrative office and community meeting hall, with a combined footprint of 9,172
square feet. The project will also involve a 2,150 linear foot extension to the Town of Duck
Soundside Boardwalk.
As requested by representatives of state environmental permitting agencies during our project
pre-application meeting on July 13, 2010, the Town has reviewed requirements for preparation of
environmental documents in accordance with the North Carolina State Environmental Policy Act.
Specifically, the Town has reviewed 15A NCAC OIC .0408 and has concluded that the proposed
project falls under both the general and specific minimum criteria established by this rule and
would therefore be considered a Minor Construction Activity. Hence, preparation of a State
Environmental Policy Act document would not be required in order to complete this project.
With reference to general or specific criteria, the Town of Duck project:
- Is not located near waters classified as either Outstanding Resource Waters or High
Quality Waters by the State of North Carolina.
- Does not involve the loss of more than one acres of class WL wetlands
- Does not involve any proposed stream channel modifications or stream channel
disturbance.
- Will not involve the construction or expansion of a marina
- Does not include excavation of navigation channels
- Proposed buildings have a combined footprint of less than 10,000 square feet
P. O. Box 8369 • Duck, North Carolina 27949
252-255-1234 9 252-255-1236 (fax) • www.townofduck.com
Please let us know if you have any questions pertaining to our review of these requirements.
Thank you.
Sincerely,
Christopher J. Layton, ICMA-CM
Town Manager
2
TOWN OF DUCK, NORTH CAROLINA
August 29, 2010
David Moye, Express Permitting Coordinator
North Carolina Division of Coastal Management
943 Washington Square Mall
Washington, NC 27889
Re: Town of Duck Soundside Boardwalk/Town Hall Complex - Compliance with Local
Zoning Requirements
Dear Mr. Moye:
The Town of Duck is applying for modifications to its existing Division of Water Quality
Stormwater Permit and Coastal Area Management Act Major Permit to authorize the
construction of a Town Hall Complex and Soundside Boardwalk Extension at the Town's Park
property located at 1200 Duck Road. The project will involve the construction of two buildings,
a town administrative office and community meeting hall, with a combined footprint of 9,172
square feet. The project will also involve a 2,150 linear foot extension to the Town of Duck
Soundside Boardwalk.
The project application requires a statement from the Town of Duck that the project is compliant
with local zoning regulations. The proposed Town Hall Complex is located in the Town's
Conservation/Public Recreation zoning district. This zoning district allows municipally owned
buildings and facilities as a permitted use. The site plan has been drawn to comply with all local
zoning standards and dimensional requirements. The Town of Duck Soundside Boardwalk
traverses through the Town's Village Commercial zoning district and is a permitted structure.
The Town's zoning ordinance exempts the Boardwalk from lot coverage and setback
requirements. Therefore, the Boardwalk will also comply with Town zoning requirements.
Please let us know if you have any questions regarding this information. Thank you.
Sincerely,
Andrew Garman, AICP
Director of Community Development
P. O. Box 8369 • Duck, North Carolina 27949
252-255-1234 • 252-255-1236 (fax) • www.townofduck.com
Permit Class Permit Number
MODIFICATION/MINOR 50-07
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and OECEIVE
Coastal Resources Commission NC DENR
r
for COASTAL ll/fA6V c4f Mrj?r
X Major Development in an Area of Environmental Concern Elizetk?ctft t?iy
pursuant to NCGS 113A-118
Excavation and/or filling pursuant to NCGS 113-229
Issued to Town of Duck, North Carolina, PO Box 8369, Duck, NC 27949
Authorizing development in Dare County at 1196 Duck Rd., adiacent to Currituck
Sound , as requested in the permittee's letters dated 917/07 and 10/1/07,
including the attached workplandrawings (4) all dated "revised 10/1/07"
This permit, issued on November 13, 2007 , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to fines, imprisonment or civil action; or may cause the nerrrtit to be null and vnira
Boardwalk Facility
1) Unless specifically altered herein, this minor modification authorizes the 50-foot extension of the
authorized pier, all as expressly and specifically set forth in the attached letters and workplan drawings.
No other structure, whether floating or stationary, shall become a permanent part of this boardwalk
facility without permit modification. No non-water dependent uses of structures shall be conducted on,
in or over public trust waters without further permit modification.
(See attached sheet for Additional Conditions)
,rl.:
Y-••-•-• ???_?•• =••?y v%, aypcaieu vy the permittee or
other qualified persons within twenty (20) days of the issuing
date. An appeal requires resolution prior to work initiation or
continuance as the case may be.
This permit shall be accessible on-site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work shall cease when the permit expires on
December 31, 2010
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.

James . Gregson, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
Town of Duck
ADDITIONAL CONDITIONS
Permit # 50-07
Page 2 of 2
Upland Development
2) Unless specifically altered herein, this minor modification authorizes only the grading and other land
disturbing activities associated with the development of the property located in the Town of Duck,
adjacent to Currituck Sound, including but not limited to, the construction of the wooden decks at the
landward end of the pier, all as expressly and specifically set forth in the attached letters and depicted on
the workplan drawings. Any additional land disturbing activities and/or construction shall be evaluated
on a case-by-case basis by a representative of the Division of Coastal Management (DCM) to determine
additional permit requirements. Contact a representative of the Division at [phone] prior to the
commencement of any such activity for this determination.
General
3) This minor modification shall be attached to the original of Permit No. 50-07, which was issued on
4/3/07 and copies of both documents shall be readily available on site when Division personnel inspect
the project for compliance.
4) All conditions and stipulations of the active permit remain in force under this minor modification, unless
specifically altered herein.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
PeiiLQlass OL t Permit Number
NEW 50-07
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
,u,??.
w
rr j
.L:
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
Excavation and/or filling pursuant to NCGS 113-229
Issued to Town of Duck, North Carolina, PO Box 8369, Duck, NC 27949
Authorizing development in Dare County at 1196 Duck Rd., adjacent to Currituck
Sound , as requested in the permittee's application dated 3/14/06 (MP-1) and 5/10/06
(MP-3 & MP-4), inc. att. drawings (11), sheet 1-6 & 8-11 of 1 Idated "revised" 9/26/06, and 7 of 11 dated "revised by DCM" 10/4/06.
This permit, issued on April 3. 2007 , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
Boardwalk Facility
1) Unless specifically altered herein, this permit authorizes the 10 ft. wide boardwalk aligned parallel to the
shoreline, the two 10 ft. x 20 ft. observation platforms located on the northeast and southwest ends of
the authorized boardwalk, the 10 ft. x 20 ft. canoe/kayak dock located on the northern-half of the
boardwalk, and the 10 ft. x 150 ft. long dock located near the center of the boardwalk terminating in an
20 ft. x 20 ft. canoe/kayak launching platform, all as expressly and specifically set forth in the permit
application and attached work-plat drawings. No other structure, whether floating or stationary, shall
become a permanent part of this boardwalk facility without permit modification. No non-water
dependent uses of structures shall be conducted on, in or over public trust waters without permit
modification.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the issuing
date. An appeal requires resolution prior to work initiation or
continuance as the case may be.
This permit shall be accessible on-site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work shall cease when the permit expires on
December 31, 2010
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
k^2-& V 11AAr=_
Charles S. Jones, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
Town of Duck
ADDITIONAL CONDITIONS
Permit # 50-,
Page 2 of 3
2) The alignment of the authorized boardwalk shall be staked by the permittee, and shall follow the
alignment depicted on the attached work-plat drawing dated 7 of 11 "revised by DCM" 10/4/06. This
alignment shall be approved by a representative of the Division of Coastal Management prior to the
onset of construction of the boardwalk.
3) With the exception of the 10 ft. wide access piers, no portion of the approved boardwalk shall extend
more than 6 ft. over any Coastal Wetlands.
4) In accordance with commitments made by the permittee, and in order to minimize impacts to
surrounding wetlands, the height of the authorized boardwalk and access piers shall be elevated to the
heights depicted on the attached work-plat drawings.
5) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable
waters at or adjacent to the authorized work.
6) The permittee shall maintain the authorized work in good condition and in conformance with the terms
and conditions of this permit. The permittee is not relieved of this requirement if he abandons the
permitted activity without having it transferred to a third party.
7) This permit does not authorize the interference with any existing or proposed Federal project, and the
permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury
that may be caused from existing or future operations undertaken by the United States in the public
interest.
8) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S.
Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent
reflectors shall be attached to the canoe/kayak launching platform in order to make it more visible
during hours of darkness or inclement weather.
9) This permit does not authorize the creation of any boat slips. The addition of tie-downs, pilings, or other
formal mooring structures shall require modification of this permit.
Upland Development
10) Unless specifically altered herein, this permit authorizes only the grading and other land disturbing
activities associated with the development of the property located in the Town of Duck, adjacent to
Currituck Sound, including but not limited to, the 340 ft. x 25 ft. driveway, the 20,475 square foot
parking lot, the 1,500 s.f. visitors center the 3,800 s.f. playground area, the 300 ft. x 25 ft. driveway, the
700 s.f. picnic area, the amphitheater, the upland trails, and the boardwalk access walkways, all as
expressly and specifically set forth in the attached permit application and depicted on the attached work-
plat drawings. Any additional land disturbing activities and/or construction shall be evaluated on a case-
by-case basis by a representative of the Division of Coastal Management (DCM) to determine additional
permit requirements. Contact a representative of the Division at [phone] prior to the
commencement of any such activity for this determination.
11) The Division of Water Quality approval of this project under stormwater management rules of the
Environmental Management Commission is covered by way of Stormwater Permit No. SW7060708,
which was issued on 3/21/07. Any violation of the permit approved by the DWQ will be considered a
violation of this CAMA permit.
Sedimentation and Erosion Control
NOTE: An Erosion and Sedimentation Control Plan shall be required for this project. This plan shall be
filed at least thirty (30) days prior to the beginning of any land disturbing activity. Submit this
plan to the Department of Environment and Natural Resources, Land Quality Section, 943
Washington Square Mall, Washington, NC 27889.
12) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence,
diversion swales or berms, etc.).
General
13) The permittee understands and agrees that, if future operations by the United States requires the
removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the
opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause
unreasonable obstruction to free navigation of the navigable waters, the permittee shall be required,
upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or
obstructions caused thereby, without expense to the United States or the state of North Carolina. No
claim shall be made against the United States or the state of North Carolina on account of any such
removal or alteration.
14) No vegetated wetlands or open water areas shall be excavated or filled, even temporarily.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at [phone] prior to the commencement of any
such activity for this determination. The permittee is further advised that many non-water
dependent activities are not authorized within 30 feet of the normal water level.
NOTE: The N.C. Division of Water Quality has authorized the proposed project under General Water
Quality Certification No. 3400 (DWQ Project No. 061215), which was issued on 8/4/06.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under General Permit No.
198000291 (COE ORM No. SAW-2006-40261-128) which was issued on 8/28/06.
B: 1812 P: 268 Doc Id: 6264842
Receipt #: 09-12784
09/15/2009 09:53 AM NCExcise Tax pd: $0.00
Doc Code: ESMT
Vanzolla McMurran, Register of Deeds Dare Co, N
Space Above This Line For Recording Data
EASEMENT
(Town of Duck Boardwalk Project)
(Co-Location With Existing Boardwalk Structures)
Prepared by and return to Robert B. Hobbs, Jr., Attorney
Hornthal, Riley, Ellis & Maland, LLP
Post Office Box 310
Nags Head, NC 27959
Excise Tax: $-0- Tax Parcel: 01Y OQ,?C1?
Transfer Tax: $-0- LT Number -? j
NORTH CAROLINA
DARE COUNTY
THIS EASEMENT AGREEMENT is made and entered into as of the 15 th day of
Sepieuiber , 200 9 , by and among Israel Golasa, a free trader pursuant to agreement recorded in
Book 1285, Page 285, Dare County Registry, whose mailing address is PO Box 120, Kitty Hawk,
NC 27949, "Grantor"; and The Town of Duck, North Carolina, a North Carolina municipal
corporation, PO Box 8369, Duck, NC 27949, "Town";
WITNESSETH:
WHEREAS, Grantor is/are the owner(s) of certain property located in Dare County, North
Carolina, which property is more particularly described on Exhibit A attached hereto (the "Easement
Area"); and
WHEREAS, the Town is developing plans for a municipal boardwalk along, across and
adjacent to the Currituck Sound, for recreational, pedestrian and related public purposes, a portion
of which is to be located in the Easement Area; and
WHEREAS, Grantor desires to grant to the Town a perpetual public easement over the
Easement Area for the uses and purposes set forth herein.
6264842 B: 1812 P: 268 Page 1 of 9 9/15/09 9:53 AM -1
mill AF11,IipUeN4'I N&MLWARN 101h 11111
NOW, THEREFORE, for and in consideration of the premises and the sum of One Dollar
($1.00) to it in hand paid, the receipt of which is hereby acknowledged, Grantor hereby gives and
grants to the Town a nonexclusive, perpetual and permanent public right and easement over the
Easement Area, for the construction, maintenance and public use of a municipal boardwalk, all at
the Town's sole cost and expense, subject to annual budget appropriations or amendments thereto
by the Town Council of the Town, including but not limited to the right to maintain and make
improvements to the bank and bed of the Cunrituck Sound. The easement rights herein conveyed
include a nonexclusive easement in all rights and interests of Grantor in and to (1) the Easement
Area, including but not limited to surface, subsurface, riparian and air rights, and (2) any other
easement areas located on property of adjoining property owners and conveyed to the Town by such
adjoining property owners as part of the municipal boardwalk project, including but not limited to
surface, subsurface, riparian and air rights.
TO HAVE AND TO HOLD the aforesaid rights, privileges, and easement unto the Town,
its successors and assigns, for the purposes set forth herein.
GRANTOR AND THE TOWN, for themselves and their heirs, successors and assigns,
further agree as follows:
1. Right to Construct Municipal Public Boardwalk. The Town shall have the right, but
not the obligation, to construct, maintain, operate, renovate, reconstruct, expand (within the
Easement Area), contract, and remove the municipal boardwalk and related improvements
contemplated and authorized by this Easement Agreement, all in the Town's sole and absolute
discretion. If constructed, the municipal boardwalk and related improvements will be constructed
in accordance with the plans and specifications as provided by the Town's engineers and architects.
2. Town's Right to Interconnect with Grantor's Existing Improvements. The Easement
Area includes existing improvements ("Grantor's Interconnected Improvements") owned and
maintained by Grantor such as boardwalks and sidewalks. Grantor hereby grants to the Town the
perpetual right and easement to interconnect the Town's municipal boardwalk with Grantor's
Interconnected Improvements. Once Grantor's Interconnected Improvements are interconnected with
the Town's municipal boardwalk, Grantor agrees that Grantor's Interconnected Improvements shall
be open and unobstructed for use by the public and by the Town in perpetuity as part of the Town's
municipal boardwalk. Grantor shall not exclude any members of the public or the Town from using
the Grantor's Interconnected Improvements as part of the municipal boardwalk. Notwithstanding
the foregoing, however, Grantor shall have the right to request or exclude a member of the public
who is disruptive, dangerous, or who is otherwise interfering with the enjoyment of the boardwalk
and/or Grantor's business, and Grantor reserves the right to contact Town's law enforcement for
assistance to remove such a person from the premises. Grantor shall maintain the Grantor's
Interconnected Improvements in good and safe condition at all times for as long as the municipal
boardwalk is interconnected to the Grantor's Interconnected Improvements. Grantor shall remain
solely liable and responsible for all aspects of the Grantor's Interconnected Improvements, including
but not limited to the upkeep, maintenance, repair, replacement, liability insurance, property taxes,
and all costs associated with the same. To the fullest extent permitted by law, Grantor shall defend,
indemnify and hold harmless the Town, from and against all claims, demands, loss and damage by
Grantor, and Grantor's heirs, successors and assigns, arising out of or relating to the interconnection
6264842 8: 1812 P: 2613 Page 2 of 9 -2-
mIII IrhI IT
of Grantor's Interconnected Improvements with the Town's boardwalk, provided such claims do not
result from the acts, negligence or willful misconduct of the Town, its successors or assigns.
3. Easement Area Description Modification or Clarification. The parties understand and
agree that the legal description of the Easement Area shown on the attached Exhibit A is preliminary
and was prepared by the Town for the purpose of applying for permits and approvals to construct the
municipal boardwalk. The parties understand and agree that after any approval and issuance of
permits and approvals for the construction of the municipal boardwalk, and after the necessary
survey and engineering work for the municipal boardwalk has been completed, modifications and/or
clarifications of the legal description of the Easement Area might be necessary. Grantor agrees to
cooperate with the Town by signing and delivering to the Town any reasonable amendment to this
Easement Agreement to effectuate any such non-substantial modification and/or clarification of the
legal description of the Easement Area.
4. Town's Right to Grant Easements. The Town shall have the right to grant easements
or rights-of-way across the Easement Area for utilities, public access and use rights incident to the
use of the Easement Area, or other public purposes consistent with the primary purposes set forth
above.
5. Grantor's Right to Grant Easements. Grantor, for itself or themselves and their
successors and assigns, reserves the right to grant easements or rights-of-way for underground
utilities within the Easement Area for the benefit of the Grantor's land adjacent to the Easement
Area, at such locations and in such manner as may be approved by the Town in the exercise of the
Town's reasonable discretion, provided such easements do not interfere with the use of the Easement
area as set forth herein and provided Grantor repairs any damage to the Easement Area resulting
from the implantation of such utilities.
6. Rules and Regulations. The Town shall have the sole right to promulgate rules and
regulations for the reasonable use of the Easement Area by the public, provided the Easement Area
is used for the purposes stated herein.
7. No Commercial or Private Use. Grantor acknowledges and agrees that Grantor shall
not use any portion of the Easement Area for private, commercial or business use, which in any way
interferes with the public use of the municipal boardwalk, whether during or outside any regular
operating hours of the municipal boardwalk that may be established by the Town, including but not
limited to tables, chairs, bandstands, signs, or social or business functions. The Town shall have
the right to further regulate all aspects of use of the Easement Area as provided herein.
8. Further Easements for Construction and Maintenance. If reasonable access by the
Town to the Easement Area is otherwise unavailable, Grantor further grants to the Town reasonable
access from time to time to the Easement Area over any remaining contiguous property owned by
Grantor for the purpose of developing, constructing, reconstructing, replacing and maintaining the
municipal boardwalk located or to be located within the Easement Area (but not for access by the
general public) for the purposes set forth herein; provided, the Town shall (a) to the extent possible,
utilize existing roads for such purposes, (b) repair any damage resulting from such access, and (c)
6264842 B: 1812 P: 268 Page 3 of 9 9/15/09 9:53 AM
VIII IY??1??,???4?4?'Vi?'I? ? ?ht U?141CN1?,1??1411 ?I III
upon request of Grantor execute a supplemental instrument delineating an appropriate access route
to provide the agreed access.
9. Maintenance of Easement Area. The Town shall be responsible, at its expense, for
maintaining the Easement Area in accordance with the purposes set forth herein, including
construction and maintenance of the boardwalk, removal of trash, waste and litter, and efforts to
control vandalism and other crimes within the Easement Area. Grantor shall have the right, but not
the obligation, to enter the Easement Area to remove litter, and beautify same in the event the Town
fails to perform such functions in a reasonable manner, subject to approval by the Town, which
approval will not be unreasonably withheld.
10. Indemnification of Grantor. To the fullest extent permitted by law, the Town shall
defend, indemnify and hold harmless Grantor, and Grantor's heirs, successors and assigns, from and
against all claims, demands, loss and damage, whether caused by the Town or by third parties,
arising out of or relating to use of the Easement Area by the public, provided such claims do not
result from the acts, negligence or willful misconduct of Grantor or Grantor's heirs, successors or
assigns.
11. No Effect on Zoning Densitx. Grantor retains fee simple ownership of the title to the
Easement Area, subject to the rights granted to the Town herein, for the specific purpose of allowing
the land burdened by the Easement Area to be included in the calculation of zoning density for
building improvements permitted on Grantor's land abutting the Easement Area, as such density may
be allowed under current or future zoning ordinances.
12. Condition of Property and Title. Grantor makes no representations or warranties
whatsoever, whether express or implied, with respect to the condition of or title to the Easement
Area, which property the Town agrees to accept, AS IS, in its present legal and physical condition.
13. Grantor's Right to Construct Public or Private Pier. Subject to permits and approvals
required from local, State and/or Federal agencies, Grantor, for itself or themselves and their
successors and assigns, reserves the right to construct, maintain, renovate and reconstruct, at
Grantor's sole cost and expense, a public or private pier from Grantor's other property adjoining the
Easement Area, connecting to the Town's boardwalk and extending beyond the Town's boardwalk
into the Currituck Sound, for the benefit of the Grantor's land adjacent to the Easement Area, at such
locations and in such manner as may be approved by the Town in the exercise of the Town's
reasonable discretion, provided such public or private pier does not interfere with the use of the
Easement Area as set forth herein, and provided Grantor repairs any damage to the Easement Area
resulting from the construction, maintenance, renovation, reconstruction and use of such public or
private pier. The interconnection of Grantor's public or private pier with the Town's boardwalk shall
be structurally independent from the Town's pier, such that any failure or lack of structural integrity
of Grantor's public or private pier shall not affect the structural integrity of the Town's boardwalk.
Likewise, the Town shall construct and maintain the Town's boardwalk so that it will be structurally
independent from any public or private pier constructed, owned or maintained by Grantor. To the
fullest extent permitted by law, Grantor shall defend, indemnify and hold harmless the Town, from
and against all claims, demands, loss and damage by Grantor, and Grantor's heirs, successors and
assigns, arising out of or relating to the interconnection of Grantor's private pier with the Town's
5264842 B: 1812 P: 268 Page 4 of 9 9/15/09 9:53 AM _4
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boardwalk, provided such claims do not result from the acts, negligence or willful misconduct of the
Town.
14. Grantor's Right to Limit Access to Private Pier. With regard to any private pier
owned by Grantor existing on the date of this Easement Agreement, or any private pier constructed
by Grantor into the Easement Area pursuant to the terms and conditions of this Easement Agreement,
Grantor, for itself or themselves and their successors and assigns, reserves the right to install and
maintain, at Grantor's sole cost and expense, a locked gate at the locations on the Town's boardwalk
which connect to Grantor's private pier to the Town's boardwalk within the Easement Area, as a way
to deter users of the Town's boardwalk from accessing Grantor's private pier. The parties understand
and agree that the existence of such locked gates shall serve solely as a deterrence to members of the
public from trespassing onto Grantor's private pier, and such locked gates shall be no guarantee that
such trespassing will not occur.
15. Severability. Every provision of this Agreement is intended to be severable. If any
term or provision hereof is illegal or invalid for any reason whatsoever, such illegality or invalidity
shall not affect the validity of the remainder of this Agreement.
16. Suit Costs. In the event either party shall institute an action to enforce the provisions
of this Agreement, the party prevailing in such action, whether by adjudication, arbitration, or
settlement, shall be entitled to recover suit costs, including reasonable attorney's fees, from the other
party.
17. Applicable Law. This Agreement shall be construed and interpreted under the laws
of the State of North Carolina.
18. Parties. This Agreement shall be binding upon and inure to the benefit of the parties
hereto and their respective heirs, successors and assigns. As used herein, words in singular include
the plural and the masculine includes the feminine and neuter genders, as appropriate.
19. Notices. Notices hereunder shall be effective and deemed given when deposited in
the United States Mails, postage prepaid, registered or certified mail with return receipt requested.
Alternatively, the party may use a nationally recognized overnight delivery service. Notices shall
be addressed to each party at the mailing address shown on page 1 of this Easement Agreement or,
in the case of the Grantor or Grantor's heirs, successors or assigns, the billing address for the then-
owner of Grantor's property as shown in the Dare County tax records. Any party may change the
address to which such notices are to be addressed by giving each other party notice in the manner
herein set forth.
20. Non-waiver. The waiver by either party hereto of a breach of any provision of this
Agreement shall not operate or be construed as a waiver of any subsequent breach of the same or any
other provision of this Agreement.
21. Counterparts. This Agreement may be executed in two or more counterparts, each
of which shall be deemed an original, but all of which together shall constitute but one and the same
instrument.
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22. Headings. The headings, subheadings and captions in this Agreement and in any
exhibit hereto are for reference purposes only and shall not affect the meaning or interpretation of
this Agreement.
23. Entire Agreement. This Agreement contains the entire Agreement between the parties
hereto with respect to the subject matter hereof and supersedes all negotiations, prior discussions,
agreements, arrangements and understandings, written or oral, relating to the subject matter hereof.
24. Amendments. This Agreement may not be amended except by written instrument
duly executed by or on behalf of all of the parties hereto.
(signatures begin on the following page)
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-6-
IN WITNESS WHEREOF, the parties have executed this Easement Agreement the day and
year first above written.
GRANTOR:
x (SEAL)
Israel Golasa
STATE OF COUNTY/CITY OF bI certify that the following person(s) personally appeared before me this day, each
acknowledging to me that he or she or they voluntarily signed the foregoi -document for the
purpose stated therein and in the capacity indicated: Israel Golasa.,,__-
Date: Z
ature of Notarv blic
b ?J A C--W)k PUZ/
Typed or printed name of Notary Public
My commission expires:

jonta l; harrier
Notary Public
Currituck County
North Carolina ?.
AAeI ?'•??M?i?Rior -!=rf+rp5-
(AFFIX NOTARY SEAL)
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-7-

TOWN:
TOWN OF DUCK, NORTH CAROLINA
BY: M-? /??-r-rys rrv
Neil Morrison, Mayor
ri LK.,'ec, Town Clerk
NORTH CAROLINA
DARE COUNTY
I, J6 fFiPEy S' &1¢,4962, a Notary Public of the County of L"Z: , and State
aforesaid, certify that Neil Morrison personally came before me this day and acknowledged that he
is Mayor of The Town of Duck, a North Carolina municipal corporation, and that by authority duly
given and as the act of the Town, the foregoing instrument was signed in its name by its Mayor,
sealed with its corporate seal and attested by Lori Kopec, its Town Clerk.
Witness my hand and official stamp or seal, this C9 day of S? .b?.? ,
20?.
Signa re f Notary Public
S. I
Typed or p nted name of Notary Public
My ? fal Wfjyires: 3
N0TARti,
W ?,,TA;9?.
•. B00
?F 6SERS?ROBERT\Clients\TqQ1004puck\Boardwalk project\Duck boardwalk easement - Golasa - revised 2009-07-24.wpd
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, 4cout? mill irl,ITI N(AN 1101 NNI I'M 10 1114 11111
-8-
VIII IY'fr?I?Y?,???1'?'??4?i+1?'I?ihJI.CI?I.IV?4??1?? I?+?I??? ?I III
B: 1812 P: 270 Doc Id: 6264844
09115/2009 10:00 AM Receipt #: 09-12786
Doc Code: ESMT NCExcise Tax pd: $0.00
Vanzolla McMurran, Register of Deeds Dare CO, NC
Spwc Abase TIms Lme Fix Rmr D=
'L?+1'+xT
(Town of Deck Boardwalk Project)
Primed by aW rr=u to Robert B_ Hobbrx, Jr.. An ey
HoradmL Raley, Et1is & Ma , t1P
poq (ire Box 310
Nags Heaai. NC ?7959
Excise Tax: S4)- Tax Parcel: 01%2000
U
Transfer Tax: - LT Nu U
NORTH CAROLINA
DARE COUNTY
THIS EASUNIE 1T AGREEMENT is made and entered into of the 15 th day of
September { 2009 by and among The Osprey Landing Group, LLC, a North Carolina kited
liability cony, whose mailing address is PO Box 1374, Kitty Hawle.NC 27949, "Grantee, and
The Town of Duck„ North Carolina, a North Carolina mumcipal cogxnhon, PO Box 8369, Dc
1z
NC 27949, "Town";
wrrNESSETI-1:
WHEREAS, Gram isiare the owner(s) of certain proper ty located in Dave County, Forth
Carolina, which property is more particularly demised on Exhibit A attached hereto l the 'Easement
Area"); and
WHEREAS, the Town is develop ng phms for a municipal boardwalk along„ across and
adjacent to the Currituck Sound, for recreational, pedes-triazi and rely public purposes, a portion
of which is to be located in the Easement Area; and
WHEREAS, Grantor desires to grant to the Town a perpetual public easement over the
Easement Area for the uses and purposes set forth hereit€_
NOW, THIMElF'ORE, for and in co ideration of the =mi.ses and the sure of One Dollar
(51:00) to it in hated paid, the receipt of which is hereby a owiedged„ Grantor hereby gives and.
-1-
6264844 B: 1812 P: 270 Page 1 of 8 9/15/09 10:00 AM
Bill F4119,FdAIAIIiJi'A IlV IF W M MI's 11111
grants to the Town a perpetual and percent public right and easement over the Easement Area,
for the construction, maintenance and public use of a municipal boardwalk, all at dw Town's sole
cost and expense, :subject to annual budget appropriations or amendments thereto by the Town
Council of the Town, including but not limited to the right to maintain and no .mprovements to
the bank and bed of the Curritu ck Sound- The easement rights herein conveyed include an easement
in all rights and interests of Grantor in and to (1) the Easement Area, including but not limited to
surface, subsurface, riparian and air rights, and (2) any other easement areas located on property of
adjoining property owners and conveyed to the Town by such adjoining property owners as part of
the municipal boardwalk print, including but not limited to surface, subsurface? riparian and air
ruts.
TD HAVE AND TO HOLD the aforesaid rights, privileges, and easenient into the Town,,
its successors and assigns, for the purposes set forth herein-
G'RA'TOR AND THE TOWN, for themselves and their beiurs, suc-cessm and assigns,
further agree as follows:
1. Ri& to Construct Municipal Public Boardwalk_ The Town shall have the right, but
not the obligation, to conswxt, n dun in, operate, renovate, reconstruct, expand, duct, and
remove th+e municipal boardwalk and related improvements contemplated and authorized by this
Easement Agent, all. in the Town ":s sale and absolute discretion. If constructed, the municipal
boardwalk and related improvements will be constructed in accordance with the plans and
specifications as provided by the Town"s engineers and architects.
Easement Area Cori Modification or Clarification- The parties understand
and agree that the legal description of the Easement Area shown on the attached Exhibit A is
preliminary and was prepared by the Town for die purpose of applying for permits and approvals
to construct the municipal boardwalk. The parties understand and agree that after any approval and
issuance of permits and approvals for the construction of the municipal boardwalk, and after the
necessary survey and engineering work for the municipal boardwalk has been completed.,
modifications and/orclarificatiom of the legal description of the Easement Area night be necessary-
Grantor agrees to cooperate with the Town by signing and delivering to the Town any reasonable
amendment to this Easement Agreement to effectuate any such non-substantial modification an&or
clarification of the legal description of the Easement Area-
3. Town's Right to Grant Easements. The Town shall have the right to grant easements
or rights-of-way across the Easement Area for utilities, public arm and use rights incident to d3e
use of the Easement Area, or o dxx public purposes consistent with the PnmarY purposes &a f nh
above.
4. Grantoes Right to Grant Easements. Grantor, for itself or themselves and their
successors and assigns, reserves the right to grant easements or rights-of way for undergrOuDd
utilities within the East Area for the benefit of the Grantor's land adjacent to the Easement.
Area., at such locations and in such manner as may be approved by the Town in the exercise Of the
Town's reasonable discretion, provided such easements do not interfere with the use ,of glue Easement
area as set forth herein and provided Grantor repairs any damage to the Easement Area remltirig
from the implantation of such utilities-
-2-
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5. Rules and Regulations. The Town shaIl have the sole right to promulgate rules and
regulations for the rile use of the Easement Area by the public, waded the Easement Area
is used for the purposes stated hereiai_
b. No Co??rr> at orPnvate Use. Grantor acknowledges and agrees that Grantor shall
not use any portion of the Easement Area for private, commercial or business use, which alt any way
interferes with the public use of the rnunacipal boardwallt„ whether during or outside any regular
operating hours of the municipal boardwalk that may be established by the Town, including but not
Jimited to tables, chairs, bandstands, signs, or social or business funactions. The Town shall have
the right to furither regulate all aspects of use of the Easement Area as pmvided herein.
T Further Easements for Construction and , iaa enance- if reasonable access by the
Town to the Easement Area is otherwise unavailable, Grantor further grants to the Town reasonable
access from time to time to the Easement Area over any remaining contiguous property owned by
Grantor for the purpose of developing, constructing, reconstructing, reply and maintaining the
murncipal walk located or to be located with the Easement Aria (but not for access by the
general public) for the purposes set forth herein; provided, the Town shall (a) to the extent possible,
utilize existing roads for such purposes, N repair any damage resulting fi-om :such access, and (c)
upon request of Grantor execute a supplemental instrument dehnart appropriate access rite
to provide the agreed access.
8_ Maintenance of Easement Area The Town shall be responsible, at its expense, for
maintaining the Easement Area m accordance with the purges set forth herein, including
construction and maintenance of the walk, removal of try, waste and litter, and efforts to
control vandalism and other cnmes with the Fasemerit Area_ Grantor shall have the right, brit not
the obligation., to enter the Easement Area to remove litter, and Beautify same m the event die Town
fails to perform such functions in a reasonable manner, subject to approval by the Town,, winch
approval will not be unreasonably withheld-
9. Indemnification of Caan;tor. To the fullest extent permitted by law, the Town shall
defend.,, iidemnify and holed harmless Grantor, and Grantor's heirs, suoccessurs and assigns, from an
against all claims, demands, loss and damage by third parties arising out of or relating to use of the
Easement area by the public, provided such claims do not result from the acts, negligence or willful
rnisconduct of Granter or Grrantoes heirs, successors or assigns.
ifl_ No Effect on Zggift T)ensiV Grantor retains fee simple ownerships of the title to the
Easement Area, subject to the rights granted to the Town lam, for the specific purpose of allowing
the land burdened by the Easement. area to be included m the calculation of z Ding density for
building improvements permitted oQ Grantor's land abutting the Easement Areas as such density may
be allowed under current or future zoning ondman+c s.
11. Condition of Property and Title. Grantor rues no representations or warranties
whatsoever, whether express or implied, with respect to the condition of or title to the Easement
Area_ which property the Town agrees to accept, AS IS, in its present legal and physical condition.
11 Grantor's Right to Construct Public or Private Pier_ Subject to permits and approvals
required from local, State andAm Federal agencies„ Grantor for itself or themselves and their
-3-
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successors and assigns, reserves the right to construct, maintain, renovate and reconstruct, at
Grantm's sale cost and expense, a public or private pier from Gjant&s other property adjc ng the
Easement Area, connecting to the Town".s boardwalk and extending beyond the Town"s boardwalk
into the Currituck Sound, for the benefit of the Grantor's land adjacent to the Easement Area., at such
locations and in such manner as may be awed by the Town in the eaemise of the Town's
reasonable discretion, provided such public or ovate pier does not interfere with the use of the
Easement Area as set forth herein., and provided Grantor repairs any damage to the Easement area
resulting from the construction, maintenancx' renovation, reconstruction and use of such prubbe or
private pier_ The motion of Grantor's public or private pier with the Town"s boardwalk shall
be stsnctufaRy independent from the Town"s pier, such that any failure or lack of structural integrity
of Grantor's public or private pier shall not affect the structural integrity of the Town's, boardwalk.
Likewise, the Town shall cwt and maintain the Town"s boardwalk stn that it will be sully
independent from any public er private pier constructed, owned or maintained by Grantor To the
faIlest extent permitted by law, Granter shad defend, indemnify and hold harmless the Town, from
and against all claims, demands, loss and damage by Grantor, and Grate's heirs, sum and
assigns, aansing out of or relating to the interconnection of Grantor's private pier with the Town's
boardwalk., provided such claims do not result from the act, negligence or vwillfui misconduct of
the Town.
l3. Granto es Right to limit Access to Private Pier_ With regard to any private pier
owned by Grantor existing on the date of this Easement Agreement, of any private piff c
by Grantor into the Easement Area pursuant to the terms and conditions of this Easement
Agreement, Grantor, for itself or themselves and their successors and assigns, reserves the right to
install mid maintain„ at Grantor's sole cosh and expense, a loud gate at the locatiow on the Town's
boardwalk which connect to Grantor's private pier to the Town's boardwalk within the Easement
Area„ as a way to deter users of the T'own's boardwalk from accessing Grantor's private imer_ The
parties understand and agree that the existence of such locked gates shall serve solely as a deterrence
to members of the public from trespassing onto Grantees private pier, and such kicked gates shall
be no guarantee that such trespassing will not occur
_
14_ Several ffii3v. Every provision of this Agreement is intended to be severable. If any
term or provision hereof is illegal or invalid for any reason whatsoever, such illegality or invAdity
shall not affect the validity of the remainder of this Agreement.
15. Suit Costs. In the event either party shall institute an action to enfo^ce the Provisions
of this Agreement, the party prevailing in such action, wbether by adjudication, arbitradou, or
settlement, shall be entitled to recover suit costs., including reasonable attorneys fees, from the odief
party-
16. ApWLc rble Law. This Agreement shall be construed and mwrpreted under the laws
of the State of North Carolina-
t7. Parties. This Agreement shall be binding upon and inure to the benefit of the parties
hereto and their eve hens, successors and assiigns_ As used lido, words in singular include
the pbual and the mast.uhne includes the feminine and neuter germ, as mate.
-4-
6264844 B: 1812 P: 270 Page 4 of 8 9/15/09 10:00 AM
mill !!??I?Yt??r??1?4C11??'4?h?L?NRItLI'?fi+Ll??tl??? 11111
ig- Notices. Notices hereunder shall be effective and deemed given when deposited in
the United States bails, image }repaid, registered or certified mail with return receipt requested-
Altiernatively, the party may use a nationally recognized over night delivery service. Notices -sbaR
be addressed to each party at the mailing address shown on page l of this Easement Agreement or,
in the rase of the Grantor or Grantor's heirs, successors or assigns, the billing address for the then-
owner of Grantor's property as shown in the Dare County tax records- Any party may change the
address to which such notices are to be addressed by giving each other party mice in the manner
herein set forth.
19. -Non-waiver. The waiver by either party hereto of a breach of any provision of this
Agreement shall not operate or be construed as a waiver of any subsequent breach of the same or
any other provision of this ,Agreement.
Zfl_ Counterparts- This Agreement may be executed in two or more counterparts, each
of which shall be deemed an original, but all of which together shall constitute but one and the same
instrument-
-) Hem- The headings, subheadings and cations in this Agreement and in any
exhibit hereto are for reference purposes only and. -shall not affect the meaning or interpretation of
this Agreement-
222- Entire AgreermenL This Agreement contains the entire Agreement between the
parties hereto with respect to the subject matter hereof and sines all negotiations, prior
discusmons, agreements, arrangements and understandings, written or oral., relating to the subject
matter hereof-
23. Amendments- This Agreement may not be amended except by written instrument
duly executed by or can behalf of all of the parties hereto.
IN WTFNESS WHEREOF, the parties have executed this Easement Agreement the day and
year Fast above written-
{signatures begin on the following page)
-5-
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GRANTOR:
The Osprey, L anding Group, LLC, a Nom Carofina limited
'i"ity 9? ,--) i
BY.
Scott
BY: ?r
STATE OF/1??y??/ ? . couN'i Y&-ny OF L PJ
I certify that the fallowing ms(s) personally appeared before me this day, each
acknowledging to me that he or she or they voluntarily signed the foregoing document for the
moose stated therem and in the cavity indiacatecl: Scoff Rosenst+een. Manager and Neal
Blinken„ Manager of The 0-Trey Landing Grp, r :r r, a Norih Carolina limited habihly company-
.
1 -17
Sim rotary HC

AFFIX NOTARY SEAL:)
Q
. j 9A P, e ?t '-'r -/ , ?k 9 0, Typed or grin name, of Notary Public
6264844 B: 1812 P: 270 9/15/09 1@:Oe l?lAM
gill MIT UAIN'lAvI' MLIRY.I*?iR1?'i % ,lI
TOV,TN-
T'OF DUCK. NORTH CAROUNA
BY: /V. axi A of ca.r.r/
Neff Monison„ Maw
Lori Kopec, T6 n Clerk
NORTH CAROUTA
DARE COUNTY
I, fFFit' S • t a,Afog (, a Notary Public of the Count-yof KARE , and Stale
aforesaid, certify f`bat Ned Morrison personalty cane before me dies day and acknowledged that he
is Mayor of The Town of Duck, a North Carolina municipal coon, and that by amity
given and as the act of the Town, the forgoing insaumm a nt was signed in its narne by its Mayor,
sealed with its corporate seal and attested by Lon Kopec, its Town Cle.
Wiliness my hand and official stamp or seal, this drV day of
Slgn?
o
rjt&Fr?Y'3- L AM.
Teti or meted nameof Notary Public
NOTARY ,
@L?G
?
i A
t?s1? a
a?a rti.. _ ?1 . .a
/0/1111110\

6264844 B: 1812 P: 270 Page 7 of 8 9/15/09 10:00 AM
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ATTEST:
UAW-90" 6: 1810 r: z1v rage 5 of a 9/15/09 10:00 API
0111 PP. 11" MJJULIILRIIJAJ U l RUIN IMP RUP I11u WA mi 111
DARE REAL ESTATE
'
61812 P: 271 Doe 1d: 6264845
RecelPt #: 09-12787
00
2
COUNTY P` } TRANSFER TAX 09115/2009 10:02 AM
ESMT .
NCExcise Tax Pd: $
Dare CO, N
d
LT L Doc Code

anzolla McMurran, Regi
V

s
ster of Dee
C =a
Space Above This Line For Recording Data
EASEMENT
(Town of Duck Boardwalk Project)
Prepared by and return to Robert B. Hobbs, Jr., Attorney
Hornthal, Riley, Ellis & Maland, LLP
Post Office Box 310
Nags Head, NC 27959
Excise Tax: $2.00 Tax Parcel: 009744050
Transfer Tax: $10.00 LT Number lca 3- _
NORTH CAROLINA
DARE COUNTY
THIS EASEMENT AGREEMENT is made and entered into as of the 15 th day of
September , 200 9, by and among Ocean Dunes Enterprises, a Virginia general partnership,
"Grantor"; and The Town of Duck, North Carolina, a North Carolina municipal corporation, PO Box
8369, Duck, NC 27949, "Town";
WITNESSETH:
WHEREAS, Grantor is the owner of certain property located in Dare County, North Carolina,
which property is more particularly described on Exhibit A attached hereto (the "Easement Area");
and
WHEREAS, the Town is developing plans for a municipal boardwalk along, across and
adjacent to the Currituck Sound, for recreational, pedestrian and related public purposes, a portion
of which is to be located in the Easement Area; and
WHEREAS, Grantor desires to grant to the Town a perpetual public easement over the
Easement Area for the uses and purposes set forth herein.
NOW, THEREFORE, for and in consideration of the premises and the sum of One Dollar
($1.00) to it in hand paid, the receipt of which is hereby acknowledged, Grantor hereby gives and
6264845 S: 1812'P: 271 Page 1 of 8 9/15/09 10:02 AM
1111 l' i 119 .4 110h?m W NFL N In MLIK 111'111111
grants to the Town a perpetual and permanent public right and easement over the Easement Area,
for the construction, maintenance and public use of a municipal boardwalk, all at the Town's sole
cost and expense, subject to annual budget appropriations or amendments thereto by the Town
Council of the Town, including but not limited to the right to maintain and make improvements to
the bank and bed of the Currituck Sound. The easement rights herein conveyed include an easement
in all rights and interests of Grantor in and to (1) the Easement Area, including but not limited to
surface, subsurface, riparian and air rights, and (2) any other easement areas located on property of
adjoining property owners and conveyed to the Town by such adjoining property owners as part of
the municipal boardwalk project, including but not limited to surface, subsurface, riparian and air
rights.
TO HAVE AND TO HOLD the aforesaid rights, privileges, and easement unto the Town,
its successors and assigns, for the purposes set forth herein.
GRANTOR AND THE TOWN, for themselves and their heirs, successors and assigns,
further agree as follows:
1. Right to Construct Municipal Public Boardwalk. The Town shall have the right, but
not the obligation, to construct, maintain, operate, renovate, reconstruct, expand, contract, and
remove the municipal boardwalk and related improvements contemplated and authorized by this
Easement Agreement, all in the Town's sole and absolute discretion. If constructed, the municipal
boardwalk and related improvements will be constructed in accordance with the plans and
specifications as provided by the Town's engineers and architects.
2. Easement Area Description Modification or Clarification. The parties understand and
agree that the legal description of the Easement Area shown on the attached Exhibit A is preliminary
and was prepared by the Town for the purpose of applying for permits and approvals to construct the
municipal boardwalk. The parties understand and agree that after any approval and issuance of
permits and approvals for the construction of the municipal boardwalk, and after the necessary
survey and engineering work for the municipal boardwalk has been completed, modifications and/or
clarifications of the legal description of the Easement Area might be necessary. Grantor agrees to
cooperate with the Town by signing and delivering to the Town any reasonable amendment to this
Easement Agreement to effectuate any such non-substantial modification and/or clarification of the
legal description of the Easement Area.
3. Town's Right to Grant Easements. The Town shall have the right to grant easements
or rights-of-way across the Easement Area for utilities, public access and use rights incident to the
use of the Easement Area, or other public purposes consistent with the primary purposes set forth
above.
4. Grantor's Right to Grant Easements. Grantor, for itself or themselves and their
successors and assigns, reserves the right to grant easements or rights-of-way for underground
utilities within the Easement Area for the benefit of the Grantor's land adjacent to the Easement
Area, at such locations and in such manner as may be approved by the Town in the exercise of the
Town's reasonable discretion, provided such easements do not interfere with the use of the Easement
264845 B: 1812 P: 271 Page 2 of 8 9/15/09 10:02 AM
1111 K MW A+CKM mi 11111 -2-
area as set forth herein and provided Grantor repairs any damage to the Easement Area resulting
from the implantation of such utilities.
5. Rules and Regulations. The Town shall have the sole right to promulgate rules and
regulations for the reasonable use of the Easement Area by the public, provided the Easement Area
is used for the purposes stated herein.
6. No Commercial or Private Use. Grantor acknowledges and agrees that Grantor shall
not use any portion of the Easement Area for private, commercial or business use, which in any way
interferes with the public use of the municipal boardwalk, whether during or outside any regular
operating hours of the municipal boardwalk that may be established by the Town, including but not
limited to tables, chairs, bandstands, signs, or social or business functions. The Town shall have
the right to further regulate all aspects of use of the Easement Area as provided herein.
7. Further Easements for Construction and Maintenance. If reasonable access by the
Town to the Easement Area is otherwise unavailable, Grantor further grants to the Town reasonable
access from time to time to the Easement Area over any remaining contiguous property owned by
Grantor for the purpose of developing, constructing, reconstructing, replacing and maintaining the
municipal boardwalk located or to be located within the Easement Area (but not for access by the
general public) for the purposes set forth herein; provided, the Town shall (a) to the extent possible,
utilize existing roads for such purposes, (b) repair any damage resulting from such access, and (c)
upon request of Grantor execute a supplemental instrument delineating an appropriate access route
to provide the agreed access.
8. Maintenance of Easement Area. The Town shall be responsible, at its expense, for
maintaining the Easement Area in accordance with the purposes set forth herein, including
construction and maintenance of the boardwalk, removal of trash, waste and litter, and efforts to
control vandalism and other crimes within the Easement Area. Grantor shall have the right, but not
the obligation, to enter the Easement Area to remove litter, and beautify same in the event the Town
fails to perform such functions in a reasonable manner, subject to approval by the Town, which
approval will not be unreasonably withheld.
9. Indemnification of Grantor. To the fullest extent permitted by law, the Town shall
defend, indemnify and hold harmless Grantor, and Grantor's heirs, successors and assigns, from and
against all claims, demands, loss and damage by third parties arising out of or relating to use of the
Easement Area by the public, provided such claims do not result from the acts, negligence or willful
misconduct of Grantor or Grantor's heirs, successors or assigns.
10. No Effect on Zoning Density. Grantor retains fee simple ownership of the title to the
Easement Area, subject to the rights granted to the Town herein, for the specific purpose of allowing
the land burdened by the Easement Area to be included in the calculation of zoning density for
building improvements permitted on Grantor's land abutting the Easement Area, as such density may
be allowed under current or future zoning ordinances.
6264845 8: 1812 P: 271 Page 3 of 8 9/15/09 10:02 AM
1111 f rJUJI1.14TIM NI Gh'aIR KNC1iDA 11111 3-
11. Condition of Property and Title. Grantor makes no representations or warranties
whatsoever, whether express or implied, with respect to the condition of or title to the Easement
Area, which property the Town agrees to accept, AS IS, in its present legal and physical condition.
12. Grantor's Right to Construct Public or Private Pier. Subject to permits and approvals
required from local, State and/or Federal agencies, Grantor, for itself or themselves and their
successors and assigns, reserves the right to construct, maintain, renovate and reconstruct, at
Grantor's sole cost and expense, a public or private pier from Grantor's other property adjoining the
Easement Area, connecting to the Town's boardwalk and extending beyond the Town's boardwalk
into the Currituck Sound, for the benefit of the Grantor's land adjacent to the Easement Area, at such
locations and in such manner as may be approved by the Town in the exercise of the Town's
reasonable discretion, provided such public or private pier does not interfere with the use of the
Easement Area as set forth herein, and provided Grantor repairs any damage to the Easement Area
resulting from the construction, maintenance, renovation, reconstruction and use of such public or
private pier. The interconnection of Grantor's public or private pier with the Town's boardwalk shall
be structurally independent from the Town's pier, such that any failure or lack of structural integrity
of Grantor's public or private pier shall not affect the structural integrity of the Town's boardwalk.
Likewise, the Town shall construct and maintain the Town's boardwalk so that it will be structurally
independent from any public or private pier constructed, owned or maintained by Grantor. To the
fullest extent permitted by law, Grantor shall defend, indemnify and hold harmless the Town, from
and against all claims, demands, loss and damage by Grantor, and Grantor's heirs, successors and
assigns, arising out of or relating to the interconnection of Grantor's private pier with the Town's
boardwalk, provided such claims do not result from the acts, negligence or willful misconduct of the
Town.
13. Grantor's Right to Limit Access to Private Pier. With regard to any private pier
owned by Grantor existing on the date of this Easement Agreement, or any private pier constructed
by Grantor into the Easement Area pursuant to the terms and conditions of this Easement Agreement,
Grantor, for itself or themselves and their successors and assigns, reserves the right to install and
maintain, at Grantor's sole cost and expense, a locked gate at the locations on the Town's boardwalk
which connect to Grantor's private pier to the Town's boardwalk within the Easement Area, as a way
to deter users of the Town's boardwalk from accessing Grantor's private pier. The parties understand
and agree that the existence of such locked gates shall serve solely as a deterrence to members of the
public from trespassing onto Grantor's private pier, and such locked gates shall be no guarantee that
such trespassing will not occur.
14. Severability. Every provision of this Agreement is intended to be severable. If any
term or provision hereof is illegal or invalid for any reason whatsoever, such illegality or invalidity
shall not affect the validity of the remainder of this Agreement.
15. Suit Costs. In the event either parry shall institute an action to enforce the provisions
of this Agreement, the party prevailing in such action, whether by adjudication, arbitration, or
settlement, shall be entitled to recover suit costs, including reasonable attorney's fees, from the other
party.
5264845 8: 1812 P: 271 Page 4 of 8 9/15/09 10:02 AM
1111 ri 11 11111 -4-
16. Applicable Law. This Agreement shall be construed and interpreted under the laws
of the State of North Carolina.
17. Parties. This Agreement shall be binding upon and inure to the benefit of the parties
hereto and their respective heirs, successors and assigns. As used herein, words in singular include
the plural and the masculine includes the feminine and neuter genders, as appropriate.
18. Notices. Notices hereunder shall be effective and deemed given when deposited in
the United States Mails, postage prepaid, registered or certified mail with return receipt requested.
Alternatively, the party may use a nationally recognized overnight delivery service. Notices shall
be addressed to each party at the mailing address shown on page 1 of this Easement Agreement or,
in the case of the Grantor or Grantor's heirs, successors or assigns, the billing address for the then-
owner of Grantor's property as shown in the Dare County tax records. Any party may change the
address to which such notices are to be addressed by giving each other party notice in the manner
herein set forth.
19. Non-waiver. The waiver by either party hereto of a breach of any provision of this
Agreement shall not operate or be construed as a waiver of any subsequent breach of the same or any
other provision of this Agreement.
20. Counterparts. This Agreement may be executed in two or more counterparts, each
of which shall be deemed an original, but all of which together shall constitute but one and the same
instrument.
21. Headings. The headings, subheadings and captions in this Agreement and in any
exhibit hereto are for reference purposes only and shall not affect the meaning or interpretation of
this Agreement.
22. Entire Agreement. This Agreement contains the entire Agreement between the parties
hereto with respect to the subject matter hereof and supersedes all negotiations, prior discussions,
agreements, arrangements and understandings, written or oral, relating to the subject matter hereof.
23. Amendments. This Agreement may not be amended except by written instrument
duly executed by or on behalf of all of the parties hereto.
IN WITNESS WHEREOF, the parties have executed this Easement Agreement the day and
year first above written.
(signatures begin on the following page)
6264845 B: 1812 P: 271 Page 5 of 8 9/15/09 10:02 AM
11111A.11M YRA4RAW HE 14T KLIV h 11111
-5-
GRANTOR:
Ocean Dunes Enterprises, a Virginia general partnership
(SEAL)
Rudolf F. Schuster, General Partner
STATE OF Y I r' 101 G , COUNTY/CITY OF in la &a(10
I certify that the following person(s) personally appeared before me this day, each
acknowledging to me that he or she or they voluntarily signed the foregoing document for the
purpose stated therein and in the capacity indicated: Rudolf F. Schuster, General Partner of Ocean
Dunes Enterprises, a Virginia general partnership.
Date: 69 1 1 Z 2M
VIA
'1?0 I
J0XW
Signature of Notary Public
Typed or printed name of Notary Publ'
My commission expires: 1) I v I Zd 12,
(AFFIX NOTARY SEAL)
.•°? ALE M ?a
B ?
U Reg. #7231513
T '
Jewery 31, 2012
6264845 B: 1812 P: 271 Page 6 of 8 9/15/09 10:02 AM
1111 lei 111I Ndi My AN Iikkkul INIVt1IOU mi 11111
-6-
ATTEST:
TOWN:
TOWN OF DUCK, NORTH CAROLINA
BY: xLe'?
Neil Morrison, Mayor
Lori Kopec, Awn Clerk
NORTH CAROLINA
DARE COUNTY
1, jLcf AoLey S. 41 m,-.IGe2 , aNotary Public of the County of ?A,CE , and State
aforesaid, certify'that Neil Morrison personally came before me this day and acknowledged that he
is Mayor of The Town of Duck, a North Carolina municipal corporation, and that by authority duly
given and as the act of the Town, the foregoing instrument was signed in its name by its Mayor,
sealed with its corporate seal and attested by Lori Kopec, its Town Clerk.
ofe..,1 ,
Witness my hand and official stamp or seal, this o C/ day of
20 cq__.
Signature of N tart' Public
j e,",eEtr ' ?a"(ccK-
Typed or printed name of Notary Public
??IIIIIIOI
; lslp.6b
+%4IX NOTARY V*.)
W ?pTAgy W
pUBLNG
? a
F:\L?id?e of Duck\Boardwalk project\Duck boardwalk easement - ocean Dunes Enterprises - 2009-08-06.wpd
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080609
-7-
6264845 B. 18?,2 Pi271 „ Page 7 of 6 9/15/09 10:02
sill ?% ?1t?i ? I*1? ?I11i,1111
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AM
6264845 0: 1812 P: 271 Page 8 of 8 9/15/09 10:02 AM
¦1.¦ ¦1 1111111111 final[ Ili ¦I 1 ¦ 11 ¦ ¦ Omm u ¦ ¦ I 1 11 111 1 Milli
B: 1810 P: 168 Doc Id: 6263582
08/20/2009 12:43 PM Receipt #: 09-11529
Doc Code: ESMT NCExcise Tax pd: $0.00
Vanzolla McMurran, Register of Deeds Dare CO, NC
6263582 B: 1810 P: 168 age I of 6 8/20/09 12:43
mill r,11 l'ril IAIM101PN Im 1RIW 10111411111 PM
Space Above This Line For Recording Data
EASEMENT
(Town of Duck Boardwalk Project)
Prepared by and return to Robert B. Hobbs, Jr., Attorney
Hornthal, Riley, Ellis & Maland, LLP
Post Office Box 310
Nags Head, NC 27959
Excise Tax: $-0- Tax Parcel: 012278000
` `
Transfer Tax: $-0- LT Number .a6.2 ?'
NORTH CAROLINA
DARE COUNTY
THIS EASEMENT AGREEMENT is made and entered into as of the Zf-"r- day of
+± 200 -1, by and among H and H Partnership, a North Carolina General Partnership,
whose mailing address is 105 Shore Avenue, Point Harbor, NC 27964, "Grantor"; and The Town
of Duck, North Carolina, a North Carolina municipal corporation, PO Box 8369, Duck, NC 27949,
"Town";
WITNESSETH:
WHEREAS, Grantor is/are the owner(s) of certain property located in Dare County, North
Carolina, which property is more particularly described on Exhibit A attached hereto (the "Easement
Area"); and
WHEREAS, the Town is developing plans for a municipal boardwalk along, across and
adjacent to the Currituck Sound, for recreational, pedestrian and related public purposes, a portion
of which is to be located in the Easement Area; and
WHEREAS, Grantor desires to grant to the Town a perpetual public easement over the
Easement Area for the uses and purposes set forth herein.
NOW, THEREFORE, for and in consideration of the premises and the sum of One Dollar
($1.00) to it in hand paid, the receipt of which is hereby acknowledged, Grantor hereby gives and
-i-
grants to the Town a perpetual and permanent public right and easement over the Easement Area,
for the construction, maintenance and public use of a municipal boardwalk, all at the Town's sole
cost and expense, subject to annual budget appropriations or amendments thereto by the Town
Council of the Town, including but not limited to the right to maintain and make improvements to
the bank and bed of the Currituck Sound. The easement rights herein conveyed include an easement
in all rights and interests of Grantor in and to (1) the Easement Area, including but not limited to
surface, subsurface, riparian and air rights, and (2) any other easement areas located on property of
adjoining property owners and conveyed to the Town by such adjoining property owners as part of
the municipal boardwalk project, including but not limited to surface, subsurface, riparian and air
rights.
TO HAVE AND TO HOLD the aforesaid rights, privileges, and easement unto the Town,
its successors and assigns, for the purposes set forth herein.
GRANTOR AND THE TOWN, for themselves and their heirs, successors and assigns,
further agree as follows:
1. Right to Construct Municipal Public Boardwalk. The Town shall have the right, but
not the obligation, to construct, maintain, operate, renovate, reconstruct, expand, contract, and
remove the municipal boardwalk and related improvements contemplated and authorized by this
Easement Agreement, all in the Town's sole and absolute discretion. If constructed, the municipal
boardwalk and related improvements will be constructed in accordance with the plans and
specifications as provided by the Town's engineers and architects.
2. Easement Area Description Modification or Clarification. The parties understand
and agree that the legal description of the Easement Area shown on the attached Exhibit A is
preliminary and was prepared by the Town for the purpose of applying for permits and approvals
to construct the municipal boardwalk. The parties understand and agree that after any approval and
issuance of permits and approvals for the construction of the municipal boardwalk, and after the
necessary survey and engineering work for the municipal boardwalk has been completed,
modifications and/or clarifications of the legal description of the Easement Area might be necessary.
Grantor agrees to cooperate with the Town by signing and delivering to the Town any reasonable
amendment to this Easement Agreement to effectuate any such non-substantial modification and/or
clarification of the legal description of the Easement Area.
3. Town's Right to Grant Easements. The Town shall have the right to grant easements
or rights-of-way across the Easement Area for utilities, public access and use rights incident to the
use of the Easement Area, or other public purposes consistent with the primary purposes set forth
above.
4. Grantor's Right to Grant Easements. Grantor, for itself or themselves and their
successors and assigns, reserves the right to grant easements or rights-of-way for underground
utilities within the Easement Area for the benefit of the Grantor's land adjacent to the Easement
Area, at such locations and in such manner as may be approved by the Town in the exercise of the
Town's reasonable discretion, provided such easements do not interfere with the use of the Easement
area as set forth herein and provided Grantor repairs any damage to the Easement Area resulting
from the implantation of such utilities.
-2-
6263382 B: 1810 P: 168 Page 2 of 8 8/20/09 12:43 PM
1111 M11I'DWINK1*1 WLW lidW,IJ9 III' 11111
5. Rules and Regulations. The Town shall have the sole right to promulgate rules and
regulations for the reasonable use of the Easement Area by the public, provided the Easement Area
is used for the purposes stated herein.
6. No Commercial or Private Use. Grantor acknowledges and agrees that Grantor shall
not use any portion of the Easement Area for private, commercial or business use, which in any way
interferes with the public use of the municipal boardwalk, whether during or outside any regular
operating hours of the municipal boardwalk that may be established by the Town, including but not
limited to tables, chairs, bandstands, signs, or social or business functions. The Town shall have
the right to further regulate all aspects of use of the Easement Area as provided herein.
7. Further Easements for Construction and Maintenance. If reasonable access by the
Town to the Easement Area is otherwise unavailable, Grantor further grants to the Town reasonable
access from time to time to the Easement Area over any remaining contiguous property owned by
Grantor for the purpose of developing, constructing, reconstructing, replacing and maintaining the
municipal boardwalk located or to be located within the Easement Area (but not for access by the
general public) for the purposes set forth herein; provided, the Town shall (a) to the extent possible,
utilize existing roads for such purposes, (b) repair any damage resulting from such access, and (c)
upon request of Grantor execute a supplemental instrument delineating an appropriate access route
to provide the agreed access.
8. Maintenance of Easement Area. The Town shall be responsible, at its expense, for
maintaining the Easement Area in accordance with the purposes set forth herein, including
construction and maintenance of the boardwalk, removal of trash, waste and litter, and efforts to
control vandalism and other crimes within the Easement Area. Grantor shall have the right, but not
the obligation, to enter the Easement Area to remove litter, and beautify same in the event the Town
fails to perform such functions in a reasonable manner, subject to approval by the Town, which
approval will not be unreasonably withheld.
9. Indemnification of grantor. To the fullest extent permitted by law, the Town shall
defend, indemnify and hold harmless Grantor, and Grantor's heirs, successors and assigns, from and
against all claims, demands, loss and damage by third parties arising out of or relating to use of the
Easement Area by the public, provided such claims do not result from the acts, negligence or willful
misconduct of Grantor or Grantor's heirs, successors or assigns.
10. No Effect on Zoning Density. Grantor retains fee simple ownership of the title to the
Easement Area, subject to the rights granted to the Town herein, for the specific purpose of allowing
the land burdened by the Easement Area to be included in the calculation of zoning density for
building improvements permitted on Grantor's land abutting the Easement Area, as such density may
be allowed under current or future zoning ordinances.
11. Condition of Prrty and Title. Grantor makes no representations or warranties
whatsoever, whether express or implied, with respect to the condition of or title to the Easement
Area, which property the Town agrees to accept, AS IS, in its present legal and physical condition.
12. Grantor's Right to Construct Public or Private Pier. Subject to permits and approvals
required from local, State and/or Federal agencies, Grantor, for itself or themselves and their
-3-
6263882 B: 1810 P: 168 Page 3 of 8 8/20/09 12:43 PM
mill Irl I111FAM'NK1414H.Ii , MIN W 10.1111111111
successors and assigns, reserves the right to construct, maintain, renovate and reconstruct, at
Grantor's sole cost and expense, a public or private pier from Grantor's other property adjoining the
Easement Area, connecting to the Town's boardwalk and extending, beyond the Town's boardwalk
into the Currituck Sound, for the benefit of the Grantor's land adjacent to the Easement Area, at such
locations and in such manner as may be approved by the Town in the exercise of the Town's
reasonable discretion, provided such public or private pier does not interfere with the use of the
Easement Area as set forth herein, and provided Grantor repairs any damage to the Easement Area
resulting from the construction, maintenance, renovation, reconstruction and use of such public or
private pier. The interconnection of Grantor's public or private pier with the Town's boardwalk shall
be structurally independent from the Town's pier, such that any failure or lack of structural integrity
of Grantor's public or private pier shall not affect the structural integrity of the Town's boardwalk.
Likewise, the Town shall construct and maintain the Town's boardwalk so that it will be structurally
independent from any public or private pier constructed, owned or maintained by Grantor. To the
fullest extent permitted by law, Grantor shall defend, indemnify and hold harmless the Town, from
and against all claims, demands, loss and damage by Grantor, and Grantor's heirs, successors and
assigns, arising out of or relating to the interconnection of Grantor's private pier with the Town's
boardwalk, provided such claims do not result from the acts, negligence or willful misconduct of
the Town.
13. Grantor's Right to Limit Access to Private Pier. With regard to any private pier
owned by Grantor existing on the date of this Easement Agreement, or any private pier constructed
by Grantor into the Easement Area pursuant to the terms and conditions of this Easement
Agreement, Grantor, for itself or themselves and their successors and assigns, reserves the right to
install and maintain, at Grantor's sole cost and expense, a locked gate at the locations on the Town's
boardwalk which connect to Grantor's private pier to the Town's boardwalk within the Easement
Area, as a way to deter users of the Town's boardwalk from accessing Grantor's private pier. The
parties understand and agree that the existence of such locked gates shall serve solely as a deterrence
to members of the public from trespassing onto Grantor's private pier, and such locked gates shall
be no guarantee that such trespassing will not occur.
14. Severability. Every provision of this Agreement is intended to be severable. If any
term or provision hereof is illegal or invalid for any reason whatsoever, such illegality or invalidity
shall not affect the validity of the remainder of this Agreement.
15. Suit Costs. In the event either party shall institute an action to enforce the provisions
of this Agreement, the party prevailing in such action, whether by adjudication, arbitration, or
settlement, shall be entitled to recover suit costs, including reasonable attorney's fees, from the other
party.
16. Applicable Law. This Agreement shall be construed and interpreted under the laws
of the State of North Carolina.
17. Parties. This Agreement shall be binding upon and inure to the benefit of the parties
hereto and their respective heirs, successors and assigns. As used herein, words in singular include
the plural and the masculine includes the feminine and neuter genders, as appropriate.
-4-
6263682 8: 1810 P: 168 Page 4 of 8 8/20/09 12:43 PM
mill KIIIIAWI IM IAMIRLIACGifiR Ihlh 11111
18. Notices. Notices hereunder shall be effective and deemed given when deposited in
the United States Mails, postage prepaid, registered or certified mail with return receipt requested.
Alternatively, the party may use a nationally recognized overnight delivery service. Notices shall
be addressed to each party at the mailing address shown on page 1 of this Easement Agreement or,
in the case of the Grantor or Grantor's heirs, successors or assigns, the billing address for the then-
owner of Grantor's property as shown in the Dare County tax records. Any party may change the
address to which such notices are to be addressed by giving each other party notice in the manner
herein set forth.
19. Non-waiver. The waiver by either party hereto of a breach of any provision of this
Agreement shall not operate or be construed as a waiver of any subsequent breach of the same or
any other provision of this Agreement.
20. Counterparts. This Agreement may be executed in two or more counterparts, each
of which shall be deemed an original, but all of which together shall constitute but one and the same
instrument.
21. Headines. The headings, subheadings and captions in this Agreement and in any
exhibit hereto are for reference purposes only and shall not affect the meaning or interpretation of
this Agreement.
22. Entire Agreement. This Agreement contains the entire Agreement between the
parties hereto with respect to the subject matter hereof and supersedes all negotiations, prior
discussions, agreements, arrangements and understandings, written or oral, relating to the subject
matter hereof.
23. Amendments. This Agreement may not be amended except by written instrument
duly executed by or on behalf of all of the parties hereto.
IN WITNESS WHEREOF, the parties have executed this Easement Agreement the day and
year first above written.
(signatures begin on the following page)
6263582 8: 1810 P: 158 Page 5 of 8 8/20/09 12:43 PM
mill K 1111A M'W MANOR WIN kh 11111
-5-
GRANTOR:
H and H Partnership, a North Carolina General Partnership
BY: (SEAL)
Pa nner
BY: (SEAL)
.&te ZZI - `-+
, Partner
STATE OF Card??nc , COUNTY/CITY OFr
I certify that the following person(s) personally appeared before me this day, each
acknowledging to me that he or she or they voluntarily signed the foregoing document for the
purpose stated therein and in the capacity indicated: and
-J Ea i Qm;A hod I'm , Partners of H and H Partnership, a North Carom ene al Partnership.
Date:
Signature of Noiafy Public
Typed or printed name of Notary Public
My commission expires: ' ? 0
(AFFIX NOTARY SEAL)
"OFFICIAL SEAL"
Notary Public, North Carolina
Dare County
Lori A. Kopec
My Commission Expires 7/28/2012
6263582 6: 1810 P: 168 Page 6 of 8 8/20/09 12:43 PM
mill irk 1111111INIMINXIMIA1 IN WIN W10111111 11111
-6-
TOWN:
(AFFIX CORPORATE SEAL)
ATTEST:
TOWN OF DUCK, NORTH CAROLINA
BY: lt)' 'e
Neil Morrison, Mayor
Lori Kopec, Town Clerk
NORTH CAROLINA
DARE COUNTY
I, 1 EFF, E/ 31 E/?i?tI?E?Z a Notary Public of the County of -4& , and State
aforesaid, certify that Neil Morrison personally came before me this day and acknowledged that he
is Mayor of The Town of Duck, a North Carolina municipal corporation, and that by authority duly
given and as the act of the Town, the foregoing instrument was signed in its name by its Mayor,
sealed with its corporate seal and attested by Lori Kopec, its Town Clerk.
Witness my hand and official stamp or seal, this -7 day of -?-? ,
20-!?J.
Signature offslotary Public
Typed or printed name of Notary Public
My commission expires: ?•? el, zel-f
(AFFIX VCITNXN VP L)
0%% 1 S. 6263582 I B : 1810 P : 168 Page 7 of 8 8/20/09 12:43 PM
Mill KI TIM'S RIfiNN INVIJ'i&H 11111
hays,
I;JSERS'R0l3V Uenj6own of DkBEardwalk projecADuck boardwalk easements not cc-located 2009-05-10.wpd
647 v V •
?'
d??sP?oal111????`, -7-
6263582 B: 1810 P: 168 Pagt 8 of 8 8/20/09 12:43 PM
mill l1r,11ID MINVIANA1%WiIVIYf, 111141III1
Fl datl 'laak• 1881 ?1ta+t: !!9 Dao Id: 91974®2
19/iif 210E
Doo Coda: DEFD' Ra"ti t a, 07927
MiARA M OKAY, REQIETU OF DUDS DARNCE C0, lN Tax od: (8000.00
4
111111 Ij1111111111111111111111111§1111Jill 3117411112
?;? of 06PM
APPROVED
DARE COUNTY TAX
LECTOR
R
Co
No. , 0
Transfer Tax $45,000.00
Excise Tax $9,000.00
Tax Lot Ito.
verified by
by
REAL ESTATE
• TRANWER TAX ,
DARE
Q- 13 001
Recording Time, Book and
Parcel Identifier No.
County on the _ day of
2003
Mail after recording to Robert 8. Hobbs, Jr., Esq., Hornthel, Riley, Ellis & Maiand, 2502 South Croaton Highway, Nags
Head, NC 27959-0310
This instrument was prepared by Franz R. Rassman, Esq., Alin Gump Strauss Hauer & Feld LLP, 1333 New Hampshire
Avenue, Washington, DC 20036
Brief Description for the index
NORTH CAROLINA SPECIAL WARFLANTY DEED
THIS DEED made as of the 18th day of November, 2003 by and between
GRANTOR GRANTEE
FOOD LION, LLC, TOWN OF DUCK, NORTH CAROLINA,
a North Carolina limited liability company a body corporate and public under North Carolina law
P.O. Box 1330 1240 Duck Road, Suite 106
Salisbury, NC 28145-1330 Ducts, NC 27949
Enter in appropriate block for each party: name, address, and, if appropriate, character of entity, e.g., corporation or
partnership.
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 valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged,
has and by these presents does grant, bargain, sell and convey unto the Grantee in lee simple with special warranty, all that
certain lot or parcel of land situated in the Village of Duck, Atlantic Township, Dare County, North Carolina more particularly
described on Exhibit A attached hereto and made a part hereof.
Grantor by these presents does grant and quitclaim the property more particularly described on Exhibit B attached hereto and
made a part hereof, to the extent that said property is not described In Exhibit A attached hereto.
_J
N.C. Bar Assoc. Form No. 3 0 1977
Printed by Agreement with the N-C. Bar Assoc.
4003
The property described in Exhibit A was acquired by Grantor by instrument recorded in Book 1336, Page 395, Dare 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 has done nothing to impair such bile as Grantor received, and
Grantor will warrant and defend the title to the property described in ExhibitA against the lawful claims of all persons claiming
by, under or through Grantor, except for the exceptions hereinafter stated.
Title to the property hereinabove described is subject to the following exceptions
Currently enforceable easements and restrictions of record.
Grantor hereby assigns to Grantee all of Grantor's right, title and interest in and to the general warranties set forth in that
certain deed from Delhaize America, Inc. to Food Lion, LLC dated July 1, 2000 and filed in Book 1336, Page 395, Dare County
Registry.
I1111I N 11pill 11111IN11111111111111111 ?...I, W3 26:%GPM
IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate, has caused this instrument to
be signed in its corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of its
Board of Directors, the day and year first above written.
ME
RAN
FOOD LION, LLC,
a North Carolina limited liability company
By. ¢ .? b
R. I Dixon, Jr.' I
Vice President
mug
JKT
(SEAL)
(SEAL)
(SEAL)
(SEAL)
North Carolina, Rowan County. I, the undersigned, a Notary
Public of the County and State aforesaid, certify that R. Glenn
Dixon, Jr., Vice President of Food Lion, LLC, a North Carolina
limited liability company, personally appeared before me this
day and acknowledged the execution of the foregoing instrument.
This 17th day of November, 2003.
My commission expires:. 9?g?c?t?a71Di LLY Notary Public
SEAL-STAMP JU STATE OF NORTH CAROLINA
COUNTY OF ROWAN
I the undersigned, a Notary Public of the County and State aforesaid, certify, that before me,
ULT personally appeared R. GLENN DIXON, JR., who acknowledged himself to be the Vice
Presidenf of Food Lion, LLC, a North Carolina limited liability company, and that he, as such
Vice President, being authorized so to do, executed the foregoing instrument for the purposes
therein contained, by signing the name o? the company by himself as Vice President.
Witness my hand and official stamp or seal, this day of November, 2003.
My commission expires: Notar
y Public
The foregoing Certificate(s) of 1
is/are certified to be correct This In went and this certificate are duly
registered at the date and time and in the Book and Page shown on the first page hereof.
21MA M4 CRAY REGISTER OF DEEDS FOR DARE COUNTY
_7T . By c A 1 Deputy/Aasistafff-Register of Deeds.
N.C. Bar Assoc. Form No. 3 (9 1977
Printed by Agreement with the N.C. Bar Assoc.
#003

EXHIBIT A
LEGAL DESCRIPTION
PARCEL ONE:
BEGINNING at an iron pipe found on the western right of way line of N.C, Highway 12 (Duck
Road), corner for now or formerly Charles M. Godwin as shown on map hereinafter referred to;
thence along the now or formerly Godwin line the following courses and distances: South 79 degrees
18 minutes 43 seconds West 55,72 feet to an iron pipe found and South 79 degrees 18 minutes 43
seconds West 152.95 feet to an iron pipe found; thence continuing along the now or formerly
Godwin line South. 79 degrees 18 minutes 43 seconds West 163.72 feet to an iron pipe found at the
approximate edge of Currituck Sound; thence in a general northwesterly direction along the eastern
edge of Currituck Sound (and a Canal extending from Currituck Sound into the property) and
following the meanderings thereof to an iron rod found at the approximate waters edge, corner on
Currituck Sound for now or formerly Four Seasons Resort, Inc.; thence along the now or formerly
Four Seasons line, North 80 degrees 14 minutes 13 seconds East 44.38 feet to an iron rod found, said
iron rod having a tie line distance of 1039.89 feet on a course of North 47 degrees 04 minutes 43
seconds West from the certain iron pipe found in the Charles M. Godwin line, located 163.72 feet
from the approximate edge of the water; thence continuing along the now or formerly Four Seasons
line, North 80 degrees 14 minutes 13 seconds East 409.22 Feet to a concrete monument found; thence
continuing along the now or formerly Four Seasons line, North. 80 degrees 15 minutes 08 seconds
East 216.10 feet to a concrete monument found in the western right of way line of N.C. Highway 12;
thence along the western right of way line of N.C. Highway 12, said line being a curve having a
radius of 325,70 feet and a chord bearing and distance of South 45 degrees 35 minutes 32 seconds
East 100.06 feet to an iron rod set, comer for Townsend Wheless parcel as shown on the map
hereinafter referred to; thence along the Townsend Wheless parcel the following courses and
distances: South 08 degrees 29 minutes 24 seconds West 140.38 feet to a round concrete monument
found, comering; South 51 degrees 24 minutes 27 seconds East 99.86 feet to a round concrete
monument found, cornering; and North 63 degrees 02 minutes 57 seconds East 120.66 feet to an iron
rod set in the western right of way line of N.C. Highway 12; thence along the western right of way
line of N.C. Highway 12, said line being a curve having a radius of 809.23 feet and a chord bearing
and distance of South 22 degrees 27 minutes 02 seconds East 64.72 feet to an iron rod set; thence
continuing along the western right of way line ofN. C. Highway 12, South 20 degrees 22 minutes 21
seconds East 40.79 feet to an iron rod found, corner for now or formerly Richard A. Herron; thence
along the now or formerly Herron line the following courses and distances: South 78 degrees 29
minutes 52 seconds West 219.70 feet to an iron rod set, cornering; South 20 degrees 15 minutes 00
seconds East 104.91 feet to an iron rod set, cornering; and North 80 degrees 56 minutes 47 seconds
East 24.17 feet to a round concrete monument found, corner for now or formerly Ken Smith; thence
along the now or formerly Smith line the following courses and distances: South 25 degrees 24
minutes 57 seconds East 199.85 feet to an iron rod found, cornering; and North 79 degrees 48
minutes 18 seconds East 153.76 feet to an iron rod set in the western right of way line of N.C.
Highway 12; thence along the western right of way line of N.C. Highway 12 South 04 degrees 41
minutes 09 seconds West 76.34 feet to an iron rod set; thence continuing along the western right of
way line of N.C. Highway 12, said line being a curve having a radius of 649.64 feet and a chord
bearing and distance of South 00 degrees 34 minutes 29 seconds West 93.15 feet to the point of
beginning, containing 433,765 square feet, 9.96 acres, more or less, and being designated as the
"Townsend Parcel," as shown on map entitled "Boundary Survey for Townsend Properties," prepared
by Waterway Surveys and Engineering, Ltd., dated 5-25-90.
PARCEL TWO:
:Beginning at an iron rod set in the western right of way line of N.C. Highway 12 (Duck Road),
comer for the "To1rmsend Parcel" and the northeast comer of the"Townsend 'Wheless Parcel" as
designated on the map hereinafter described, said point of beginning being located a chord bearing
and distance of South 45 degrees 35 minutes 32 seconds East 100.06 feet from a concrete monument
found at the corner on N.C. Highway 12 between the Townsend Parcel and Four Seasons Resort,
Inc.; thence along the western right of way line of N. C. Highway 12, said line being a curve having a
Page: 4 of 6
EXHIBIT A CONTINUED
LEGAL DESCRIPTION
radius of 325.70 feet and a chord bearing and distance of South 56 degrees 57 minutes 29 seconds
East 27.47 feet to an iron rod set; thence continuing along the western right of way line of N.C.
Highway 12, South 59 degrees 22 minutes 31 seconds East 73.70 feet to an iron rod set; thence
continuing along the western right of way line of N.C. Highway 12, said line being a curve having a
radius of 182.14 feet and a chord bearing and distance of South 42 degrees 36 minutes 39 seconds
East 103.22 feet to an iron rod set; thence continuing along the western. right of way line of N.C.
Highway 12, said line being a curve having a radius of 809.23 feet and a chord bearing and distance
of South 25 degrees 27 minutes 10 seconds East 19.89 feet to an iron rod set, corner for the
Townsend Parcel; thence along the Townsend Parcel the following courses and distances: South 63
degrees 02 minutes 57 seconds West 120.66 feet to a round concrete monument found, cornering,
North 51 degrees 24 minutes 27 seconds West 99.86 feet to a round concrete monument found,
cornering, and North 08 degrees 29 minutes 24 seconds East. 140.38 feet to the point of beginning,
containing 21,220 square feet, 0.49 acre, and being designated as the "Townsend Wheless Parcel," as
shown on the map entitled "Boundary Survey for 'Townsend Properties"' prepared by Waterway
Surveys & Engineering, Ltd., dated 5-25-90.
PARCEL THREE
Beginning at an iron pipe, said iron pipe being located in and on the Western edge of the 60 foot
right of way of North Carolina Secondary Road 1200 as the same is intersected by the south line of
that lot or parcel of land now or formerly owned by Clyde R. Bartlett, from said beginning point
along the western edge of the aforereferenced right of way South 14 degrees 53 minutes 27 seconds
East 85.36 feet to an iron pipe; thence continuing along the western edge of the aforereferenced right
of way along a curve to the right, said curve having a radius of 270.81 feet an arc length of 106.66
feet to an iron pipe; thence continuing along the aforereferenced right of way South 07 degrees 35
minutes 50 seconds West 2.29 feet to an iron pipe; thence South 85 degrees 00 minutes 00 seconds
West 153.26 feet to an iron pipe; thence North 21 degrees 00 minutes 00 seconds West 200.02 feet to
an existing concrete monument; thence North 85 degrees 00 minutes 00 seconds East 196.65 feet to
the point and place of beginning-
TOGETHER WITH all of Grantor's right, title and interest in and to those certain easements
recorded in Book 359, Page 972, Dare County Registry (previously erroneously referred to as 927).
Reference is hereby made to that map or plat entitled "Survey for Commercial Equities, Ken Smith
Property in Duck, Dare County, North Carolina" by Bissell/Triangle Associates, Engineers, Planners
and Surveyors, dated March 28, 1986, for a more complete and concise description of the lands being
herein conveyed,
Less, save and except that portion, if any at all, conveyed to the Department of Transportation of
North Carolina by deed dated on or about January 13, 1989, recorded with the Register of Deeds of
Dare County, North Carolina.
Parcels One, Two and Three being the same property conveyed to Food Lion, LLC by Deed dated
July 1, 2000 and filed in Book 1336, Page 395, !Dare County Registry.
MR;
llll?11111IN111111IN1111111 15117482
11
13l1' 06 4 0-1
EXHIBIT B
LEGAL DESCRIPTION
ATTACHED TO AND MADE A PART OF THAT CERTAIN DEED FROM FOOD LION, LLC
TO THE TOWN OF DUCK, NORTH CAROLINA.
BEGINNING at an iron pin found on the western right of way line of N.C. Highway 12 (buck
Road), corner for now or formerly H & H Partnership as shown on map hereinafter referred to;
thence along the now or formerly H & H Partnership line the following courses and distances: South
79 degrees 18 minutes 43 seconds West 55.72 feet to an iron pin found and South 79 degrees 18
minutes 43 seconds West 152.95 feet to an iron pin found, said iron pin being the beginning point of
the tie line hereinafter referred to; thence continuing along the now or formerly H & H Partnership
line South. 79 degrees 18 minutes 43 seconds West 100.44 feet more or less to the mean high water
mark of the Currituck Sound as of August 17, 1999; thence in a general northwesterly direction along
the eastern mean high water mark of Cuirituck Sound (and a canal extending from Currituck Sound
into the property) and following the meanderings thereof to an iron rod found at the approximate
water's edge, comer on Currituck Sound for now or formerly Charles L. Sineath; thence along the
now or formerly Sineath line, North 80 degrees 14 minutes 13 seconds East 27.36 feet more or less
to an iron rod found, said iron rod being the terminus of a tie line having a distance of 1039.89 feet
on a course of North 47 degrees 04 minutes 43 seconds West from the tie line's beginning point
previously identified; thence continuing along the now or formerly Sineath line, North 80 degrees 14
minutes 13 seconds East 409.22 feet to a concrete monument found; thence continuing along the
now or formerly Sineath line, North. 80 degrees 15 minutes 08 seconds East 216.10 feet to a concrete
monument found in the western right of way line of N.C. Highway 12; thence along the western right
of way line of N.C. Highway 12, on a curve to the left having a radius of 325.70 feet and a chord
bearing and distance of South 45 degrees 35 minutes 32 seconds East 100.06 feet to an iron rod;
thence continuing along the western right of way line of N.C. Highway 12, on a curve to the left
having a radius of 325.70 feet and a chord bearing and distance of South 56 degrees 57 minutes 29
seconds East 27.47 feet to an iron rod; thence along the western right of way line of N.C. Highway
12, South 59 degrees 22 minutes 31 seconds East 73.70 feet to an iron rod; thence continuing along
the western right of way line of N.C. Highway 12, on a curve to the right having a radius of 182.14
feet and a chord bearing and distance of South 42 degrees 36 minutes 39 seconds East 103.22 feet to
an iron rod set; thence continuing along the western. right of way line of N,C, Highway 12, on a
curve to the right having a radius of 809.23 feet and a chord bearing and distance of South 25
degrees 27 minutes 10 seconds East 19.89 feet to an iron rod set; thence continuing along the
western right of way line of N.C. Highway 12, on a curve to the right having a radius of 809.23 feet
and a chord bearing and distance of South 22 degrees 27 minutes 02 seconds East 64.72 feet to an
iron rod set; thence continuing along the western right of way line of N. C. Highway 12, South 20
degrees 22 minutes 21 seconds East 40.79 feet to an iron rod found, comer for now or formerly
Richard A. Herron; thence along the now or formerly Herron line the following courses and
distances: South 78 degrees 29 minutes 52 seconds West 219.70 feet to an iron rod set, cornering;
South 20 degrees 15 minutes 00 seconds East 104.91 feet to an iron rod set, comering; North 80
degrees 56 minutes 47 seconds East 24.17 feet to a round concrete monument found; and North 78
degrees 29 minutes 52 seconds East 195.36 feet to an iron rod set in the western right of way line of
N.C. Highway 12; thence along the western right of way line of N.C. Highway 12, South 20 degrees
09 minutes 15 seconds East 71.26 feet to an iron rod set; thence continuing along the western. right
of way line of N.C. Highway 12, on a curve to the right having a radius of 341.04 feet and a chord
bearing and distance of South 09 degrees 45 minutes 07 seconds East 124.64 feet to an iron rod set;
thence continuing along the western. right of way line of N.C. Highway 12, on a curve to the right
having a radius of 341.04 feet and a chord bearing and distance of South 02 degrees 47 minutes 22
seconds West 22.50 feet to an iron rod set; thence continuing along the western. right of way line of
N.C. Highway 12, South 04 degrees 41 minutes 09 seconds West 57.28 feet to an iron pin found;
thence continuing along the western. right of way line of N.C. Highway 12, on a curve to the left
having a radius of 649.64 feet and a chord bearing and distance of South 00 degrees 34 minutes 29
seconds West 93.13 feet to the point of beginning, and being designated as "Parcel t, Townsend
Family :Limited .Partnership," "Parcel 2, Townsend & Wheless," and "N/F Uaremi, Inc.," all as
shown on map entitled "Boundary Ptat of Parcel I - Townsend Family Limited Partnership & Parcel
2 - Townsend & Wheless," prepared by John B. Maruskin, P.L.S., dated August 3,1, 1999, revised
11111111M IIM?11111111Mn11 TAMS/2M' n:26M
EXHIBIT B CONTINUED
LEGAL DESCRIPTION
September 3, 1999, reference to which is hereby made for a more particular description of the parcel
of land herein described.
TOGETHER WITH all of Grantor's right, title and interest in and to those certain easements
recorded in Book 359, Page 927, Dare County Registry.
Less, save and except that portion, if any at all, conveyed to the Department of Transportation of
North Carolina by deed dated on or about January 13, 1989, recorded with the Register of Deeds of
Dare County, North Carolina.
It is the Grantor's intention by this Deed to convey to Grantee all of Grantor's right, title and interest
in and to all of the property conveyed to Grantor by Deed dated July 1, 2000 and filed in Book 1336,
Page 395, Dare County Registry.
I ? ((i
Filed Book: 1593 Page: 156 Doc Id. 5201306
169257
t K
.
0711472006 04.56PM :
Receip
NC Excise Tax pd $2500 00
Do Code DEED
BA BARA M GRAY. REGISTER OF DEEDS DARE CO. NC
Pag 4320 6 04:56P
DARE s \ REAL ESTATE
COUNTY l_ TRANSFER TAX
LT 3113 ? $!??
Land F ansler No -3 _ i Recording Time, Book and Page
Excise Wax: 52,500.00 l?
Land lYansier Tax $ 12,500.00
NORTH CAROLINA GENERA, WARRANTY DEED
Tax Lot No.
Verified by
by
Parcel IcI mtitier No. 010040000
_ County (In the _ day of
Mad after recording to: Hornthal, Riley, Ellis & N3aland4 LLP, PO Box 310, Nags Bead, NC 27959
This instrument was prepared by. VAndeventer Black LLP File No. 326180001 AT
1202 luck Road, Duck, North Carolina
Brief Description for the index
11115 DEED made this 12th day of June, 2006
GRANTOR GRANTEE
RiCHARD A. HERRDN and wife, TOWN OF DUCK, NORTH CAROLINA
NIARJORIE N. HERRON A body corporate and public under North Carolina taw
1240 Duck Road, Ste 106
Duck, NC 27949
-Enter in appropriate block for each party: name, address, and, ifappropriate, character ofentity, corporation or partnership.
The designation Grantor and Grantee as used herein shall invlude said parties, their heirs, successors, and assigns, and shall include singular,
plural, masculine, feminine or neuter as required by context.
W ITN ESSETH, that the Grantor, for a valuable consideratitjn paid by the Grantee, the receipt of which is hereby acknowledged, has and by
these presents does grant, bargain, sell and convey unto the lrranice in fee simple, all that certain lot or purcel of land situated in the Village
of Duck, Atlantic Township, Dare County, North Carolina and more particularly described as follows:
See attached "Exhibit A" and "Exhibit B",
"Phis conveyance is a part of a tax deterred exchange undertaken in accordance with Section 3031 of the litterual Revenue
Code of 1996 as anlended and the regulations issued thereunder.
NOTE: THIS FORibl CONTAINS REVISIONS WH34-P ARE € IF-F'ER NT FROM THE PROVISIONS DF THE 0FFT(- 'kl-
1'ORM PROtivf ULGATED B Y THE NOR'17H CAROLf A BAR ASSOCIATION AND Sl-3,C3ULD BE CA- REFULLY REVIENVED
PRIOR FU EXECUTION.
fhe property hereinabove described was acquired by Grantlor by instrument recorded in Book 336, Page 796, Dare County Registry.
TO HAVE AND TO HOLD the aforesaid lot or parcel of laid and all privileges and appurtenances thereto belonging to the Grantee in fee
simple.
And the Grantor covenants with the Grantee, that Grantor i? 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 the 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:
Restrictive covenants, reservations, retrictions, easements, right ofway agreements and any other reservations applicable thereto of
record in Dare County Registry.
All zoning ordinances and other land regulations applicable thereto.
1006 Ad Valorem taxes.
Exhibit B attached hereto.
IN WITNESS WHEREOF, the Grantor has hereunto set bis hand, or if corporate, has caused this instrument to be signed in its
corporate name by its duly authorized officers by authority of its Board of Directors, the day and year first above written.
J
r1 'D's'i- (SEAL)
Richard A. Herron
'Marjorie Herron
SEAS.-STANIP USE STATE OF
BLACK CITY/COUNTY OF
INK I, a Notary Public of the County of-half, ^_` _, State of
ONLY Nisi , do hereby certify that Richard A. Herron and wife, tylarjorie N.
Herron, personally appeared before me this day and acknowledged the due execution of the foregoing
instrument.
Witness my hand and official stamp or seal, this te_ da oy f1__ __ , ?006
ary Publij aj(??-,
dr. TAK<AC?
My commission expires: UPLIC
II III II? IIIII Ili?lll ?lil II II II I III V III II I II I P0 06 5
07114122 4 56P
The foregoing Certificate
isfare certified to be correct, This instrument and this certificate are duty registered at the date and time and in the Book and Page shown on
the first page hereof.
By - - - - --- --
REGISTt3R OF DEEDS FOR DARE COUNTY
Deputy/Assistant-Rcgisterof Deeds.
NOTE: 'THIS FORM CONTAINS REVISIONS WHIC" ARE DIF'F'ERENT FRO1%4 THE. PROVISIONS OF -1714F OFFICIAL
FORM PROMULGATFE1, BY THE NORTH CAROLINA BAR ASSOCIATION AND SHOULD BE C ARE YULLY REVIEWED
PRIiJR TD EXECUTION,
EXHIBIT A
i
AT'AC'HED TO AND MADE A PART OF THAT CERTAIN DEED FROM RICHARD A. HERRON AND WTFE, MAR1ORIF. N.
HERRON TO TOWN OF DUCK, NORTH CAROLINA.
All of that certain parcel of land located in the Town of Duck, Atlantic Township, Dare County, North Carolina, more
particularly described as follows
Bcgimting at an iron pipe located in the western right of way line of N.C. Highway 12 (60 foot right of way), said
beginning point also being located South 71 degrees 46 minutes 50 seconds West 53.55 feet from a PK nail with washer
located in the center line of Duck Landing Lane; thbrice from said point of beginning along the western right of way line
of-N.C. Highway 12, North 20 degrees 07 minutes 18 seconds West 106.09 feet to an iron pipe located in the comer of
property owned by the Town of Duck, North Carolina; thence along the Town of Duck property line, South 78 degrees
29 minutes 52 seconds West 219.70 feet to an ironxod; thence continuing along the Town of Duck property line, South
20 degrees 15 minutes 00 seconds East 104.91 feet to an iron rod; thence continuing along the Town of Duck property
line, North 80 degrees 56 minutes 47 seconds East 24.17 feet to a round concrete monument; thence continuing along the
Town of Duck property line, North 78 degrees 32 minutes 51 seconds East 195.50 feet to the place and point of
beginning, and being a parcel containing 22,999 square feet (0.53 acre) more or less, as shown on that certain survey
entitled, in part, "Lot Survey, PIN 9859-16-84-0394, Herron Restaurant Tract," by Katherine C. 1vlarchello, P.L.S.,
surveyor's certificate dated June 13, 2006, a copy of which is attached to and made a part of this deed for a more
particular description.
Being the same property conveyed to the Grantor by Deed dated January 4, 1983 and filed in Book 336, Page 796, Dare
County Registry, and by Deed dated April 9, 1984 and tiled in Book 366, Page 63, Dare County Registry.
i l1lllI 1111111111111111111111111111111111111 IN II V620ag/ 04 56P
lYOTh: THIS F'D'RM CONTAINS REVISIONS WH] ARE DIFFERENT FROM THF PRO ViStONS Off THE OFF1L'1A.i
FORIVI t'IdO1VtULIGATED BY THE NORTH CAROLI IA BAR ASSOCIATION ANDSHOULD BE CAREFULLY REVIEWED
PR1DR FO E:U(1'11710Ny
EXHIBIT B
ATTACHED TO AND MADE A PART OF THAI CERTAIN DEED FROM RICHARD A. HERRON AND WIFE.
MARJORIE N. HERRON TO TOWN OF DUCK, N RTH CAROLINA.
Grantor by these presents does grant and quitclaim unto Grantee, without warranty of title, all of the following
parcels of land, to the extent such parcels are not described on the Exhibit A to this Deed, located in the Town
of Duck, Atlantic Township, Dare County, North Carolina, which parcels are more particularly described as
follows:
PARCEL ONE: Beginning at an iron pipe located in the western tight of way line of N.C. Highway 12 (60
foot right of way), said beginning point also being located South 71 degrees 46 minutes 50 seconds West 53.55
feet from a PK nail with washer located in the center line of Duck Landing Lane; thence from said point of
beginning along the western right of way line of N.C. Highway 12, North 20 degrees 07 minutes 18 seconds
West 106.09 feet to an iron pipe located in the comer of property owned by the Town of Duck, North Carolina;
thence along the Town of Duck property line, South 78 degrees 29 minutes 52 seconds West 219.70 feet to an
iron rod: thence South 80 degrees 20 minutes 10 seconds West 24.19 feet to a round concrete monument;
thence South 19 degrees 33 minutes 14 second East 105.70 feet to a round concrete monument; thence North
78 degrees 04 minutes t I seconds East 25.33 Ceet to an iron rod; thence continuing along the Town of Duck
property line, North 80 degrees 56 minutes 47 seconds East 24.17 feet to a round concrete monument; thence
continuing along the Town of Duck property like, North 78 degrees 32 minutes 51 seconds East 195.50 feet to
the place and point of beginning, and being a parcel containing 22,999 square feet (0.53 acre) more or less, as
shown on that certain survey entitled, in part, "Lot Survey, PIN 9859-16-84-0594, Herron Restaurant Tract,"
by Katherine C. Marchello, Y.L.S., surveyor's Ortificate dated June 13, 2006, a copy of which is attached to
and made a part of this deed for a more particular description.
PARCEL TWO: Beginning at an iron rod im located in the western right of way line of N.C. Highway 12
(Duck Road), said point of beginning being the northeast corner of property formerly owned by Garemi, Inc.;
thence along the western right of way line of NM. Highway 12, North 20 degrees 09 minutes 15 seconds West
104.88 fect to an iron rod, thence South 78 degrees 29 minutes 52 seconds West 219.70 feet to an iron rod set,
cornering; thence South 80 degrees 45 minutes 26 seconds West 23.89 feet to a round concrete monument;
thence South 20 degrees 15 minutes 00 seconds East 105.85 feet to a round concrete monument; thence North
80 degrees 45 minutes 26 seconds East 23.89ifeet to an iron rod set, cornering: thence North 80 degrees 56
minute, 47 seconds East 24.1', feet to a round concrete monument found: thence North 78 degrees 29 minutes
52 .seconds Fast 195 36 feet to an iron rod set in the western right of way line of N.C. Highway 12, the place
and point of beginning, and being a parcel of land identified as "N/F Richard A. Herron" on that as shown on
map entitled "Boundary Plat of Parcel I - Townsend Family Limited Partnership & Parcel 2 - Townsend L1,-
Wheless." prepared by John B. Maruskin, P. L.S., dated August 31, 1999, revised September 3, 1999, reterence
to which is hereby made for a more particular description of the parcel of land herein described.
65201306
77®14122006 04 56P
IIIIiI ? II I Il illl III i Illy II I III IIII Il i IIlI 0
NOTE: THIS FORM CONTAINS REVISIONS WHIP ARE DIFFERENT FROM THE PROVISIONS OF THE OFFICIAL
FORM PRONRILOATED BY T14E NORTH CAROLINA BAR ASSOCIATION AND SHOULD BE CAREFLILLY REVIEWED
PRIOR TO EXECUTION.
NOTE5:
•ORWM- RCMV EX15Tffi6 COWYRE7F
moM,hENT
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SURVEY DATE 05104".
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CURVE TABLE
CURVE ENGTH RADIUS CH. BRG. CH, DIS7
C3 104.65 182.14 N42°36'39'W 103.22
C4 19.89 809.23 N25°26'53'W 19.89
C5 64.74 809.23 N22'27'07'W 64.72
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THIS SURVEY IS SUBJECT TO
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6: Me P, 169 Dee U; 6263683
08/20/2009 12:44 PM Receipt #: 09-11530
Doc Code: ESMT NCExcise Tax pd: $9.00
Vanzolia McMurran, Register of Deeds Dare CO, NC
8253383 6: late P: 159 Page 1 of 9 8/20/09 12:44 PM
mill ,110MIOVIRIAMWMWI M '411111
Space Above This Line For Recording Data
EASEMENT
(Town of Duck Boardwalk Project)
Prepared by >ind return to Robert Wit. (hobos, Jr., Attorney
Hornthal, Riley, Ellis & tMaland, LLP
Post Office Box 3l0
Naffs Head, NC 27959
Excise Tax: $-0- Tax Parcel: 0=- 0
Transfer Tax: $-0- LT Number ,
NORTH CAROL INA
DARE CCUt 1TY
THIS EASEMENT AGREEMENT is made and entered into as of the ?_ day of
.kq 200 p , by and among WP & JP Enterprises II, LLC, a North Carolina limited liability
corn any, whose mailing address is PO Box 533, Nags Head, \iC 27959, "Grantor"; and The Town
of Duck, North Carolina, a North Carolina municipal corporation, PO Box 8369, Duck, l iC 27949,
"Town";
WITNES S E'I E
WHEREAS, Grantor is/are the owner(s) of certain property located in Dare County, _?forth
Carolina, which property is more particularly described on Exhibit, A attached hereto (the "Easement
Area"); and
WHEREAS, the Town is developing plans for a municipal boardwalk along, across and
adjacent to the Currituck Sound, for recreational, pedestrian and related public purposes, a portion
of, hich is to be located in the Easement Area, and
WHEREAS, Grantor desires to grant to the Town a perpetual public easement over the
Easement Area for the uses and purposes set forth herein
NOW, THEREFORE, for and in consideration of the premises and the sum of One Dollar
($1,00) to it in hand paid, the receipt of which is hereby acknowledged, Grantor hereby gives and
grants to the Town a perpetual and permanent public right and easement over the Easement Area,
for the construction, maintenance and public use of a municipal boardwalk, all at the Town's sole
cost and expense, subject to annual budget appropriations or amendments thereto by the Town
Council of the Town, including but not limited to the right to maintain and make improvements to
the bank and bed of the Currituck Sound. The easement rights herein conveyed include an easement
in all rights and interests of Grantor in and to (1) the Easement Area, including but not limited to
surface, subsurface, riparian and air rights, and (2) any other easement areas located on property of
adjoining property owners and conveyed to the Town by such adjoining property owners as part of
the municipal boardwalk project, including but not limited to surface, subsurface, riparian and air
rights.
TO HAVE AND TO HOLD the aforesaid rights, privileges, and easement unto the Town,
its successors and assigns, for the purposes set forth herein.
GRANTOR AND THE TOWN, for themselves and their heirs, successors and assigns,
further agree as follows;
1 Right to Construct Municipal Public Boardwalk. The Town shall have the right, but
not the obligation, to construct, maintain, operate, renovate, reconstruct, expand, contract, and
remove the municipal boardwalk and related improvements contemplated and authorized by this
Easement Agreement, all in the Town's sole and absolute discretion. If constructed, the municipal
boardwalk and related improvements will be constructed in accordance with the plans and
specifications as provided by the Town's engineers and architects.
L. Easement Area Description Modification or t larificacion. The parties understand
and agree that the legal description of the Easement Area shown on the attached Exhibit A is
preliminary and was prepared by the Town for the purpose of applying for permits and approvals
to construct the municipal boardwalk. The parties understand and agree that after any approval and
issuance of permits and approvals for the construction of the municipal boardwalk, and after the
necessary survey and engineering work for the municipal boardwalk has been completed,
modifications and/or clarifications of the legal description of the Easement Area might be necessary.
Grantor agrees to cooperate with the Town by signing and delivering to the Town any reasonable
amendment to this Easement Agreement to -effectuate any such non-substantial modification and/or
clarification of the legal description of the Easement Area.
3. 'own's Right to Grant Easements. The Town shall have the right to grant easements
or rights-of-way across the Easement Area for utilities, public access and use rights incident to the
use of the Easement Area, or other public purposes consistent with the primary purposes set forth
above.
4. Grantor's Right to Grant Easements. Grantor, for itself or themselves and their
successors and assigns, reserves the right to grant easements or rights-of-way for underground
utilities within the Easement Area for the benefit of the Grantor's land adjacent to the Easement
Area, at such locations and in such manner as may be approved by the Town in the exercise of the
Town's reasonable discretion, provided such easements do not interfere with the use of the Easement
area as set forth herein and provided Grantor repairs any damage to the Easement Area resulting
from the implantation of such utilities.
-9-
5263583 0; tale P: leg Page 2 of 8 $/20/99 32:41 PM
mill 1111F% I1 MAI I J1411MY 1 wk 414 1111
5. Rules and Regulations. The 'T'own shall have the sole right to promulgate rules and
regulations for the reasonable use of the Easement Area by the public, provided the Easement Area
is used for the purposes stated herein.
b. No Commercial or Private Use. Grantor acknowledges and agrees that Grantor shall
not use any portion of the Easement.Area for private, commercial or business use, which in any way
interferes with the public use of the municipal boardwalk, whether during or outside any regular
operating hours of the municipal boardwalk that may be established by the Town, including but not
limited to tables, chairs, bandstands, signs, or social or business functions. The 't'own shall have
the right to further regulate all aspects of use of the Easement Area as provided herein.
7. Further Easements for Construction and Maintenance. If reasonable access by the
Town to the Easement Area is otherwise unavailable, Grantor further grants to the 'own reasonable
access from time to time to the Easement Area over any remaining contiguous property owned by
Grantor for the purpose of developing, constructing, reconstructing, replacing and maintaining the
municipal boardwalk located or to be located within the Easement Area (but not for access by the
general public) for the purposes set forth herein; provided, the Town shall (a) to the extent possible,
utilize existing roads for such purposes, (b) repair any damage resulting from such access, and (c)
non request of Grantor execute a supplemental instrument delineating an appropriate access route
to provide the agreed access.
8. Maintenance of Easement Area. The Town shall be responsible, at its expense, for
maintaining the Easement Area in accordance with the purposes set forth herein, including
construction and maintenance of the boardwalk, removal of trash, waste and litter, and efforts to
control vandalisrrl and other crimes within the Easement area. Grantor shall have the right, but not
the obligation, to enter the Easement Area to remove litter, and beautify same in the event the Town
fails to perform such functions in a reasonable manner, subject to approval by the 'T'own, which
approval will not be unreasonably withheld.
9. Indemnification of Grantor. To the fullest extent permitted by law, the Town shall
defend, indemnify and hold harmless Grantor, and Grantor's :heirs, successors and assigns, from and
against all claims, demands, loss and damage by third parties arising out of or relating to use of the
Easement Area by the public, provided such claims do not result from the acts, negligence or willful
misconduct of Grantor or Grantor's heirs, successors or assigns.
10. No Effect on Zoning Density. Grantor retains tee simple o,,vnership of the title to the
Easement Area, subject to the rights granted to the Town herein, for the specific purpose of allo,,vving
the land burdened by the Easement Area to be included in the calculation of zoning density for
building improvements permitted on Grantor's land abutting the Easement Area, as such density may
be allowed under current or future zoning ordinances.
1 1 Condition of Property and Title. Grantor snakes no representations or warranties
whatsoever, whether express or implied, with respect to the condition of or title to the Easement
Area, which property the Town agrees to accept, AS IS, in it present. legal and physical condition.
l:' Grantor's Right to Construct Public orPri vate Pier Subject to permits and approvals
recluirp.d from local, State and/or Federal agencies, Grantor, foc itself or themselves and their
6263583 8: 1810 P: 189 Page 3 of 6 8120105 12:44 PM
successors and assigns, reserves the right to construct, maintain, renovate and reconstruct, at
Grantor's sole cost and expense, a public or private pier from Grantor's other property adjoining the
Easement Area, connecting to the Town's boardwalk and extending beyond the Town's boardwalk
into the Currituck Sound, for the benefit of the Grantor's land adjacent to the Easement Area, at such
locations and in such manner as may be approved by the Town in the exercise of the Town's
reasonable discretion, provided such public or private pier does not interfere with the use of the
Easement Area as set forth herein, and provided Grantor repairs any damage to the Easement Area
resulting from the construction, maintenance, renovation, reconstruction and use of such public or
private pier. The interconnection of Grantor's public or private pier with the Town's boardwalk shall
be structurally independent from the Town's pier, such that any failure or lack of structural integrity
of Grantor's public or private pier shall not affect the structural integrity of the Town's boardwalk.
Likewise, the Town shall construct and maintain the Town's boardwalk so that it will be structurally
independent from any public or private pier constructed, owned or maintained by Grantor. To the
fullest extent permitted by law, Grantor shall defend, indemnify and hold harmless the Town, from
and against all claims, demands, loss and damage by Grantor, and Grantor's heirs, successors and
assigns, arising out of or relating to the interconnection of Grantor's private pier with the Town's
boardwalk, provided such claims do not result from the acts, negligence or willful misconduct cf
the Town.
13. Grantor's Right to Limit Access to Private Pier. With regard to any private pier
owned by Grantor existing on the date of this Easement Agreement, or any private pier constructed
by Grantor into the Easement Area pursuant to the terms and conditions of this Easement
Agreement, Grantor, for itself or themselves and their successors and assigns, reserves the right to
install and maintain, at Grantor's sole cost and expense, a locked gate at the locations on the Town's
board'val1k. which connect- to Grantor's private pier to the Town's boardwalk within the Easement
Area, as a way to deter users of the Town's boardwalk from accessing Grantor's private pier. The
parties understand and agree that the existence of such locked gates shall serve solely as a deterrence
to members of the public from trespassing onto Grantor's private pier, and such locked gates shall
be no guarantee that such trespassing will not occur.
14. Severability. Every provision of this Agreement is intended to be severable. If any
term or provision hereof is illegal or invalid for any reason whatsoever, such illegality or invalidity
shall not affect the validity of the remainder of this Agreement.
15. Suit Costs. In the event either party shall institute an action to enforce the provisions
of this Agreement, the party prevailing in such action, whether by adjudication, arbitration, or
settlement, shall be entitled to recover suit costs, including reasonable attorney's fees, from the other
party.
16. Applicable Law. This Agreement shall be construed and interpreted under the laws
of the State of North Carolina.
17 Parties. This Agreement shall be binding upon and inure to the benefit of the parties
hereto and their respPcti re heirs. successors and assigns. As used herein, words in singular include
the plural and the mascuhn•° includes the feminine and neuter genders, as appropriate.
-4 -
1 1 *14 11111 ? ,
Bill I dl ii 1 6'l 1# page
18, Notices. Notices hereunder shall be effective and deemed given when deposited in
the United States Mails, postage prepaid, registered or certified mail with return receipt requested.
Alternatively, the party may use a nationally recognized overnight delivery service. Notices shall
be addressed to each party at the mailing address shown on page 1 of this Easement Agreement or,
in the case of the Grantor or Grantors heirs, successors or assigns, the billing address for the then-
owner of Grantor's property as shown in the Dare County tax records. Any party may change the
address to which such notices are to be addressed by giving each other party notice in the manner
herein set forth.
19. Non-waiver. The waiver by either party hereto of a breach of any provision of this
Agreement shall not operate or be construed as a waiver of any subsequent breach of the same or
any other provision of this Agreement.
20. Counterparts. This Agreement may be executed in two or more counterparts, each
of which shall be deemed an original, but all of which together shall constitute but one and the same
instrument,
21. Headings. The headings, subheadings and captions in this Agreement and in any
exhibit hereto are for reference purposes only and shall not affect the meaning or interpr,ctatior of
this Agreement.
22. Entire Agreement. This Agreement contains the entire Agreement between the
partit.s hereto ,A, ith respect to the subject matter hereof and :supersedes ail negotiations, prier
discussions, agreements, arrangements and understandings, written or oral, relating to the subject
iilatte.r Hereof.
23. Amendments. This Agreement may not be amended except by written instrument
duly executed by or on behalf of all of the parties hereto.
fN WITNESS WHEREOF, the parties have executed this Easement Agreement the day and
year first above written.
(31gnatures begin on the following page)
..5 .
3253583 8- t81 D P: 169 Page of 8 3/2t/109 t2:44 PM
GRANTOR:
WP & JP Enterprises 11, LLC, a North Carolina limited
liability company
9
r
BY:
(SEAL)
Walter Reid Perkins, M, Manager
STATE OF _&,Jk COUNTY/CI'T'Y OF k +4 / e-, n ,,., ; . i
I certify that the following person(s) personally appeared before me this day, each
acknowledging to me that he or she or they voluntarily signed the foregoing document for the
purpose stated therein and in the capacity indicated: Waiter Reid Perkins, 111, Manager of WP &
JP Enterprises U, LLC, a North Carolina limited liability company,
:Signature of Notary Public
1 E! jf? a1 J iz
Typed or printed name of Notary Public
iulyCwTtm1SSloCle;cptres;
(AFFIX, NOTARY SEAL)
_6_
8253683 a 3810 P: 169 Page 6 of 8 8120109 12:44 Pit
sn, tai. 11-U-C jJLw 1,11v wu wl WIN m ?114'A4 21111
(AE'EIX CORPORATE SEAL)
TOWN:
TOWN OF DUCK, NORTH CAROLINA

Neil Morrison, Mayor
ATTEST:
A
Lori Kopec, Town Clerk
NORTH CAROLINA
DARE COUNTY
1, a Notary Public of the County of f1 and State
aforesaid, certify that Neil Morrison personally came before me this day and acknowledged that he
is Mayor of The Town of Duck, a North Carolina municipal corporation, and that by authority duly
given and as the act of the 't'own, the foregoing instrument was signed in its name by its Mayor,
sealed with its corporate seal and attested by Lori Kopec, its Town Clerk.
Witness my hand and official stamp or seal, this 6 7 day of
20s,t.
M?
Signa re 6/f Notary Public
Typed or pnn e name of Notary Public
My coo TVjjA Ffj) res: -? ? -
P?JTA
s'
Ilk
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a?
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??AJ \R0BER1AChentsUown 4 °lt\Boardwalk project\Duck boardwalk easements not co-located 2009-05-10.wpd
10
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-7-
828aua S: 1816 p: 1SS P39* 7 of a 8/29/09 12:44 PM
6263583 8: 1810 P: 169 Page 8 of 8 8120/09 12:44 PM
Maf ales sign of I » st its s i t III of I] slim lima as ai i i 1 11111 1 =fill
B: 1824 P: 35 Doc Id: 6270880
01/28/2010 03:33 PM Receipt #: 10-0973
Doc Code: ESMT NCExcise Tax pd: $0.00
Vanzolla McMurran, Register of Deeds Dare CO, NC
6270880 8: 1824 P: 35 Page 1 of 5 1/28/10 3:33 PM
mill WA IT IC MUR 11TI Ak Mill 11111
Space Above This Line For Recording Data
EASEMENT AMENDMENT
(Town of Duck Boardwalk Project)
Prepared by and return to Robert B. Hobbs, Jr., Attorney
Homthal, Riley, Ellis & Maland, LLP
Post Office Box 310
Nags Head, NC 27959
Excise Tax: $-0- Tax Parcel: 009822000
Transfer Tax: $-0- LT Number
NORTH CAROLINA
DARE COUNTY
THIS AMENDMENT TO EASEMENT AGREEMENT is made and entered into as of the
day of Ls ? , 2016, by and among WP & JP Enterprises II, LLC, a North Carolina
limited liability company, whose mailing address is PO Box 533, Nags Head, NC 27959, "Grantor";
and The Town of Duck, North Carolina, a North Carolina municipal corporation, PO Box 8369,
Duck, NC 27949, "Town";
WITNESSETH:
WHEREAS, by instrument dated July 13, 2009 and recorded in Book 1810, Page 169, Dare
County Registry (the 'Basement Agreement"), Grantor conveyed an easement to Town for the
purposes and under the terms and conditions set forth therein; and
WHEREAS, Town has requested Grantor to agree to a modification of the Easement Area
(as defined in the Easement Agreement), and Grantor has agreed to such modification.
NOW, THEREFORE, for and in consideration of the premises and the sum of One Dollar
($1.00) to it in hand paid, the receipt of which is hereby acknowledged, Grantor and Town hereby
agree to amend and modify the Easement Agreement as follows:
1. The Easement Agreement is hereby amended by deleting Exhibit A, and inserting a
new Exhibit A as attached hereto and incorporated herein by reference.
-1-
2. Except as amended herein, all terms and conditions of the Easement Agreement
remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Easement Agreement the day and
year first above written.
(signatures begin on the following page)
6270880 B: 1824 P: 35 Page 2 of 5 1/28/10 3:33 PM
mIII 1A IT INAIRAN lgkwl Ml,"Imr,10.111"111 II1
-2-
GRANTOR:
WP & JP Enterprises II, LLC, a North Carolina limited
liability company
i
BY:
Walter Reid Perkins, III, Manager
STATE OF I4or I (t aro ',.? COUNTY/CITY OF
I certify that the following person(s) personally appeared before me this day, each
acknowledging to me that he or she or they voluntarily signed the foregoing document for the
purpose stated therein and in the capacity indicated: Walter Reid Perkins, III, Manager of WP &
JP Enterprises II, LLC, a North Carolina limited liability company.
Date: Ir?n?a,-? 111 _Ib
Signature of Notary Public
Typed or printed name of Notary Public
My commission expires:
(AFFIX NOTARY SEAL)

8270880 8: 1824 P: 35 Page 3 of 5 1/28/10 3:33 PM
mill 171 Jill IWIMIA A.IKE MR AU N11111111
-3-
TOWN:
TOWN OF DUCK, NORTH CAROLINA " _?_ t' I " ? ?_?
BY:
Dave Wessel, Mayor
A
Lori Kopec, T Awn Clerk
NORTH CAROLINA
DARE COUNTY
Sj z L. jN1 ore m 1? , a Notary Public of the County of Cy c v ? ? Q d C , and State
aforesaid, certify that Dave Wessel personally came before me this day and acknowledged that he
is Mayor of The Town of Duck, a North Carolina municipal corporation, and that by authority duly
given and as the act of the Town, the foregoing instrument was signed in its name by its Mayor,
sealed with its corporate seal and attested by Lori Kopec, its Town Clerk.
Witness my hand and official stamp or seal, this ZP day of Yvi
20 10
.

Signature of Notary Public
b)y,s,jl L-. PAoS2fy'\ G'r)
Typed or printed name of Notary Public
My commission expires: N o or d 1. a 0? y
(AFFIX NOTARY SEAL)
projeeffluck boardwalk easement - easement amendment for WP & JP Enterprises II -revised
10-01-18.
kfT?4 Y
181 `G 2 6270880 8: 1824 P: 35 Page 4 of 5 1/28/10 3:33 PM
P Ueti ?, mill irl1111,NIIIATM110i N W1,111111 .fth 11111
-4-
OZIOU80 6: 1824 P: 35 Page 5 of 5 1/28/10 3:33 PM
Mill W-L III1.9(j?wLtAA.1.Wd_WI Wr Wwr IAIIY 1911101 ff I
8: 1824 P: 33 Doe Id: 6270878
01/28/2010 03:31 PM Receipt #: 10-0971
Doc Code: LEASE NCExcise Tax pd: $0.00
Vanzolla McMurran, Register of Deeds Dare CO, NC
6270878 B: 1824 P: 33 Page 1 of 13 1/28/10 3:31 PM
1111 WA NAUXAMOXIhh1 IrMile,149N NI Mill 11111
Space Above This Line For Recording Data
LEASE
(Town of Duck Boardwalk Project)
Prepared by and return to Robert B. Hobbs, Jr., Attorney
Hornthal, Riley, Ellis & Maland, LLP
Post Office Box 310
Nags Head, NC 27959
Excise Tax: $1.00 Tax Parcel: 026440/0000
Transfer Tax: $1.00 LT Number 'L ,o y I I ?,
NORTH CAROLINA
DARE COUNTY
THIS LEASE AGREEMENT is made and entered into as of the 28 day of
January , 20 10, by and among THE REVEREND DOCTOR R. CARL FRAZIER, JR.,
SUPERINTENDENT of the ELIZABETH CITY DISTRICT of the UNITED METHODIST
CHURCH, and THE REVEREND RAYMOND K. WITTMAN, PASTOR of DUCK UNITED
METHODIST CHURCH, and R SHERMAN PTERC R and
_SALLY MEAGHER , TRUSTEES OF DUCK UNITED METHODIST
CHURCH, whose mailing address is PO Box 8010, Duck, NC 27949, "Church"; and The
TOWN OF DUCK, NORTH CAROLINA, a North Carolina municipal corporation, PO Box
8369, Duck, NC 27949, "Town";
WITNESSETH:
WHEREAS, Church is the owner of certain property located in Dare County, North Carolina,
which property is more particularly described on Exhibit A attached hereto (the "Leased Premises");
and
WHEREAS, the Town is developing plans for a municipal boardwalk adjacent to the
Currituck Sound, for recreational, pedestrian and related public purposes, a portion of which is to
be located in the Leased Premises; and
-1-
6270878 B: 1824 P: 33 Page 2 of 13 1/28/10 3:31 PM
1111 M6 N?141?'?,R?all ;«I?;?F??¦4?'Kfl?l???fti?l,?"k?1lN"? 11 111
WHEREAS, Church desires to grant to the Town a lease for the Leased Premises for the uses
and purposes set forth herein.
NOW, THEREFORE, for and in consideration of the premises, the receipt and sufficiency
of which are hereby acknowledged, Church hereby gives and grants to the Town a lease for the
Leased Premises. The initial term of the lease (the "Initial Term") shall be twenty-five (25) years.
After the Initial Term of this lease, this lease shall be automatically extended in perpetuity for
additional periods of five (5) years each (each a "Renewal Term"), upon the same terms and
conditions of the Initial Term of this lease, unless either parry gives to the other party one hundred
eighty days (180) days' written notice before the end of the Renewal Term about to expire in order
to give notice that the lease shall not be so extended.
The total prepaid rental during the Initial Term of this lease and for all Renewal Terms shall
be $1.00, payable on the date of execution of this lease, and the receipt of such rental is hereby
acknowledged by Church. Once the prepaid rental of $1.00 is paid by Town to Church on the date
this lease is executed, no further rental shall be due from Town to Church for the remainder of the
Initial Term or for any Renewal Term of this Lease.
The Town may use the Leased Premises for the construction, maintenance and public use
of a municipal boardwalk, all at the Town's sole cost and expense, subject to annual budget
appropriations or amendments thereto by the Town Council of the Town. The rights herein
conveyed include all rights and interests of Church necessary for the Town to construct, reconstruct,
operate, maintain and replace a public boardwalk on the Leased Premises, including such surface,
subsurface and air rights as may be necessary for the construction, reconstruction, operation,
maintenance, use and replacement of a public boardwalk.
Church and Town further agree as follows:
1. Right to Construct Municipal Public Boardwalk. The Town shall have the right, but
not the obligation, to construct, maintain, operate, renovate, reconstruct, expand, contract, and
remove the municipal boardwalk and related improvements contemplated and authorized by this
Lease Agreement, all in the Town's sole and absolute discretion. If constructed, the municipal
boardwalk and related improvements will be constructed in accordance with the plans and
specifications as provided by the Town's engineers and architects.
This lease shall terminate if the Town has not applied for permits for the initial construction
of the boardwalk within 12 months after the date of this lease. If the Town has applied for permits
for the initial construction of the boardwalk within 12 months after the date of this lease, this lease
shall terminate if the Town has not commenced the initial construction of the boardwalk within 36
months after the date of this lease.
If the boardwalk constructed on the Leased Premises is all or substantially destroyed, and
if the Town's Town Council adopts a resolution that the portion of the Town's boardwalk on the
Leased Premises will not be rebuilt or repaired, this lease shall terminate one hundred eighty (180)
days after such resolution is adopted by the Town's Town Council. If Town wishes to relocate the
portion of the boardwalk outside of the Leased Premises and onto other property owned by Church,
-2-
6270878 B: 1824 P: 33 Page 3 of 13 1/28/10 3:31 PM
¦I11K.NAMAWN1,164L1OD9141:110%A 104/1111
Town agrees that such relocation shall not take place until Town and Church enter into an
amendment to this lease to reflect the revised description of the Leased Premises.
Portions of the boardwalk constructed on the Leased Premises will be situated at grade level
in the location shown on the attached Exhibit A. Other portions of the boardwalk to be constructed
on the Leased Premises that will not be situated at grade level will be located at such elevation from
the ground as shall be required by the permits to be issued by the Division of Coastal Management,
NC Department of Environment and Natural Resources ("DCM"). Town agrees to consult with
Church about the final location, walkway elevation and hand rail elevation during the Town's
preparation of the engineering plans for the boardwalk and in the Town's discussion with and
application to DCM for the municipal boardwalk construction permits.
2. Leased Premises Description Modification or Clarification. The parties understand
and agree that the legal description of the Leased Premises shown on the attached Exhibit A is
preliminary and was prepared by the Town for the purpose of applying for permits and approvals
to construct the municipal boardwalk. The parties understand and agree that after any approval and
issuance of permits and approvals for the construction of the municipal boardwalk, and after the
necessary survey and engineering work for the municipal boardwalk has been completed,
modifications and/or clarifications of the legal description of the Leased Premises might be
necessary. Church agrees to reasonably cooperate with the Town by signing and delivering to the
Town any reasonable amendment to this Lease Agreement to effectuate any such non-substantial
modification and/or clarification of the legal description of the Leased Premises.
3. Town's Right to Grant Easements. The Town shall have the right to grant easements
or rights-of-way across the Leased Premises for utilities, public access and use rights incident to the
use of the Leased Premises, or other public purposes consistent with the primary purposes set forth
above. Upon termination of the lease, any easement granted by the Town under this Section 3 shall
also terminate unless extended or agreed to by the Church.
4. Church's Right to Grant Utility Easements. Church, for itself or themselves and their
successors and assigns, reserves the right to grant easements or rights-of-way for underground
utilities within the Leased Premises for the benefit of the Church's land adjacent to the Leased
Premises, at such locations and in such manner as may be approved by the Town in the exercise of
the Town's reasonable discretion, provided such easements do not interfere with the use of the
Leased Premises as set forth herein, and provided Town repairs any damage to the Leased Premises
resulting from the installation of such utilities, and further provided that the Town shall first provide
the Church with thirty (30) days' written notice of such proposed utility easement, and the Church
will be deemed to have approved such easement request unless the Church advises the Town
otherwise in writing within such thirty (30) day period. Church shall not unreasonably refuse to
approve such utility easement request when such request is reasonably necessary in the public's use
of the boardwalk and the Town's maintenance, repair and operation of the boardwalk.
5. Rules and Regulations. The Town shall have the sole right to promulgate rules and
regulations for the reasonable use of the Leased Premises by the public, provided the Leased
Premises is used for the purposes stated herein. The parties understand and agree that the Town's
rules and regulations for use of the municipal boardwalk shall not apply to any private boardwalk
or other structures constructed by the Church on the Church's property except as to such of the
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11111M. PAMAIN14411,114111AVOMM W&H 11111
Town's ordinances which are uniformly applicable to all property owners within a particular zoning
district.
6. No Commercial or Private Use. Church acknowledges and agrees that Church shall
not use any portion of the Leased Premises for private, commercial or business use, which in any
way interferes with the public use of the municipal boardwalk, whether during or outside any regular
operating hours of the municipal boardwalk that may be established by the Town, including but not
limited to tables, chairs, bandstands, signs, or social or business functions. The Town shall have
the right to further regulate all aspects of use of the Leased Premises as provided herein. The parties
understand and agree that the provisions of this Section 6 shall not apply to any private boardwalk
or other structures constructed by the Church on the Church's property.except as to such of the
Town's ordinances which are uniformly applicable to all property owners within a particular zoning
district.
7. Further Access for Construction and Maintenance. If reasonable access by the Town
to the Leased Premises is otherwise unavailable, Church further grants to the Town reasonable
access from time to time to the Leased Premises over any remaining contiguous property owned by
Church for the purpose of developing, constructing, reconstructing, replacing and maintaining the
municipal boardwalk located or to be located within the Leased Premises (but not for access by the
general public) for the purposes set forth herein; provided, the Town shall (a) to the extent possible,
utilize existing roads for such purposes, (b) repair any damage resulting from such access at the
Town's sole expense, and (c) upon request of Church execute a supplemental instrument delineating
an appropriate access route to provide the agreed access. The parties understand and agree that the
access granted in this Section 7 is limited to development, construction, reconstruction, replacement
and maintenance purposes, and shall not be construed to be a grant of general public access over
portions of the Church's property outside of the Leased Premises, except as otherwise expressly
provided by this Lease.
8. Maintenance of Leased Premises. The Town shall be responsible, at its expense, for
maintaining the Leased Premises in accordance with the purposes set forth herein, including
construction and maintenance of the boardwalk, removal of trash, waste and litter, and efforts to
control vandalism and other crimes within the Leased Premises. Church shall have the right, but not
the obligation, to enter the Leased Premises to remove to remove litter and trash from the Leased
Premises at any time.
9. Liability Insurance, Indemnification of Church. Town agrees to purchase and
maintain in force at all times during this Lease a policy of municipal general liability insurance,
covering the use of the Leased Premises by the Town and the general public, in such amounts and
for such limits as the Town may reasonably determine in consultation with the Town's insurance
carrier. A copy of such policy shall be made available by Town to Church at any time upon request
of the Church.
To the fullest extent permitted by law, the Town shall defend, indemnify and hold harmless
Church, and Church's heirs, successors and assigns, from and against all claims, demands, loss and
damage by third parties arising out of or relating to use of the Leased Premises by the public,
provided such claims do not result from the acts, negligence or willful misconduct of Church or
Church's heirs, successors or assigns.
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1111 Wi FMI MiRM hiARLIATMOVIWWA411111
10. No Effect on Zoning Density. Church retains fee simple ownership of the title to the
Leased Premises, subject to the rights granted to the Town herein, for the specific purpose of
allowing the land burdened by the Leased Premises to be included in the calculation of zoning
density for building improvements permitted on Church's land abutting the Leased Premises, as such
density may be allowed under current or future zoning ordinances.
11. Condition of Property and Title. Church makes no representations or warranties
whatsoever, whether express or implied, with respect to the condition of or title to the Leased
Premises, which property the Town agrees to accept, AS IS, in its present legal and physical
condition.
12. Church's Right to Construct Public or Private Pier. Subject to permits and approvals
required from local, State and/or Federal agencies, Church, for itself or themselves and their
successors and assigns, reserves the right to construct, maintain, renovate and reconstruct, at
Church's sole cost and expense, a public or private pier from Church's other property adjoining the
Leased Premises, connecting to the Town's boardwalk and extending beyond the Town's boardwalk
into the Currituck Sound, for the benefit of the Church's land adjacent to the Leased Premises,
provided such public or private pier does not interfere with the use of the Leased Premises as set
forth herein, and provided Church repairs any damage to the Leased Premises resulting from the
construction, maintenance, renovation, reconstruction and use of such public or private pier. The
interconnection of Church's public or private pier with the Town's boardwalk shall be structurally
independent from the Town's boardwalk, such that any failure or lack of structural integrity of
Church's public or private pier shall not affect the structural integrity of the Town's boardwalk.
Likewise, the Town shall construct and maintain the Town's boardwalk so that it will be structurally
independent from any public or private pier constructed, owned or maintained by Church. To the
fullest extent permitted by law, Church shall defend, indemnify and hold harmless the Town, from
and against all claims, demands, loss and damage by Church, and Church's heirs, successors and
assigns, arising out of or relating to the interconnection of Church's private pier with the Town's
boardwalk, provided such claims do not result from the acts, negligence or willful misconduct of the
Town.
13. Church's Right to Limit Access to Private Pier. With regard to any private pier
owned by Church existing on the date of this Lease Agreement, or any private pier constructed by
Church into the Leased Premises pursuant to the terms and conditions of this Lease Agreement,
Church, for itself or themselves and their successors and assigns, reserves the right to install and
maintain, at Church's sole cost and expense, a locked gate at the locations on the Town's boardwalk
which connect to Church's private pier to the Town's boardwalk within the Leased Premises, as a
way to deter users of the Town's boardwalk from accessing Church's private pier. The parties
understand and agree that the existence of such locked gates shall serve solely as a deterrence to
members of the public from trespassing onto Church's private pier, and such locked gates shall be
no guarantee that such trespassing will not occur.
14. Severability. Every provision of this Agreement is intended to be severable. If any
term or provision hereof is illegal or invalid for any reason whatsoever, such illegality or invalidity
shall not affect the validity of the remainder of this Agreement.
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1111 ATI1+AMAk WN AWirih WI WIN 11111
15. Suit Costs. In the event either party shall institute an action to enforce the provisions
of this Agreement, the party prevailing in such action, whether by adjudication, arbitration, or
settlement, shall be entitled to recover suit costs, including reasonable attorney's fees, from the other
party.
16. Applicable Law. This Agreement shall be construed and interpreted under the laws
of the State of North Carolina.
17. Parties. This Agreement shall be binding upon and inure to the benefit of the parties
hereto and their respective heirs, successors and assigns. As used herein, words in singular include
the plural and the masculine includes the feminine and neuter genders, as appropriate.
18. Notices. Notices hereunder shall be effective and deemed given when deposited in
the United States Mails, postage prepaid, registered or certified mail with return receipt requested.
Alternatively, the party may use a nationally recognized overnight delivery service. Notices shall
be addressed to each party at the mailing address shown on page 1 of this Lease Agreement or, in
the case of the Church or Church's heirs, successors or assigns, the billing address for the then-owner
of Church's property as shown in the Dare County tax records. Any party may change the address
to which such notices are to be addressed by giving each other parry notice in the manner herein set
forth.
19. Non-waiver. The waiver by either party hereto of a breach of any provision of this
Agreement shall not operate or be construed as a waiver of any subsequent breach of the same or
any other provision of this Agreement.
20. Counterparts. This Agreement may be executed in two or more counterparts, each
of which shall be deemed an original, but all of which together shall constitute but one and the same
instrument.
21. Headings. The headings, subheadings and captions in this Agreement and in any
exhibit hereto are for reference purposes only and shall not affect the meaning or interpretation of
this Agreement.
22. Entire Agreement. This Agreement contains the entire Agreement between the
parties hereto with respect to the subject matter hereof and supersedes all negotiations, prior
discussions, agreements, arrangements and understandings, written or oral, relating to the subject
matter hereof.
23. Amendments. This Agreement may not be amended except by written instrument
duly executed by or on behalf of all of the parties hereto.
24. Default. If proceedings are commenced against the Town in any court under a
Bankruptcy Code, or for the appointment of a trustee or receiver of the Town's property, or if there
shall be default in the performance of any other covenant, agreement, condition, rule, or regulation
herein contained or hereafter established on the part of the Town for more than ninety (90) days after
written notice of such default by the Church, this lease (if the Church so elects) shall thereupon
become null and void, and the Church shall have the right to re-enter or repossess the Leased
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0111 V-16 MINA N NICI A IATW I WNIK 141 Mi 11111
Premises, and dispossess and remove therefrom the Town, or other occupants, and their effects,
without waiving Church's other legal remedies upon such default.
(signatures begin on the following page)
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11111 h111MI MAN'101+.'VIAW. W.M...111411111
IN WITNESS WHEREOF, theparties have executed this Lease Agreement the day and year
first above written.
CHURCH:
(SEAL)
THE =CTOR R. CARL FRAZIER, JR.,
SUPE of the ELIZABETH CITY
DISTRICT of the UNITED METHODIST CHURCH
NORTH CAROLINA, COUNTY OF Pas q?'Wr"?
I certify that the following person personally appeared before me this day, each
acknowledging to me that he or she or they voluntarily signed the foregoing document for the
purpose stated therein and in the capacity indicated: THE REVEREND DOCTOR R. CARL
FRAZIER, JR., SUPERINTENDENT of the ELIZABETH CITY DISTRICT of the UNITED
METHODIST CHURCH.
Date: I -a-7 - I D
My commission expires:

(AFFIX NOTARY SEAL) I Sk ?> Y--
ignature of Notary Public
/-,-4 `
sa . 5cpc??:
Typed or printed name of Notiry Public
LISA S SEDER
Notary Public
Currituck County, NC
-8-
6270878 B: 1824 P: 33 Page 9 of 13 1/28/10 3:31 PM
1111 NA PANA0011Ad'Ii+W,11111
k tom. s )
REVEREND RA OND K. WITTMAN, PASTOR
of DUCK UNITED METHODIST CHURCH
NORTH CAROLINA, DARE COUNTY
I certify that the following person personally appeared before me this day, each
acknowledging to me that he or she or they voluntarily signed the foregoing document for the
purpose stated therein and in the capacity indicated: THE REVEREND RAYMOND K.
WITTMAN, PASTOR of DUCK UNITED METHODIST CHURCH.
Date: 22 W11)
"e, 1° X??
lgnature of Nota Public
46 A 90?
Typed or printed name of Notary Public
My commission expires: ??? Zpl L
Notary Public, North Carolina
Dare County
Lori A. Kopec
y Commission Expires 7128/20:
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6270878 8: 1824 P: 33 Page 10 of 13 1/28/10 3:31 PM
emAYr'BPaIlawfairm Ic wwwrouji Mill
SEAL
?? ?f ?rlw??? +c l? c , TRUSTEE OF DUCK
UNITED METHODIST CHURCH
NORTH CAROLINA, DARE COUNTY
I certify that the following person personally appeared before me this day, each
acknowledging to me that he or she or they voluntarily signed the foregoing document for the
purpose stated therein and in the capacity indicated: .SmccL }?I?r??
TRUSTEE OF DUCK UNITED METHODIST CHURCH.
Date:
ignature of No ry Public
k06 -
Typed or printed name of Notary Public
My commission expires:
Notary Public, North Carolina
Daze County
Lori A. Kopec
[v Commission Expires 7/28/2012
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6270878 B: 1824 P: 33 Page 11 of 13 1/28/10 3:31 PM
mill 81' ? 111IM 81 ?WAM IV IALIVI, W WHI IN"111111
??tfr?? G f lt?-? (SEAL)
5a. !1 t l/1/ CC f ? , TRUSTEE OF DUCK
UNITE METHO IST CHURCH
NORTH CAROLINA, DARE COUNTY
I certify that the following person personally appeared before me this day, each
acknowledging to me that he or she or they voluntarily signed the foregoing document for the
purpose stated therein and in the capacity indicated: '54141 me- e.c ,
TRUSTEE OF DUCK UNITED METHODIST CHURCH.
Date: ? z8 ?-01-b
Az?) 1. ??
ignature of N tary Public
Typed or printed name of Notary Public
My commission expires:
Notary Public, North Carolina
Dare County
Lori A. Kopec
M Commission ires 7/28/2012
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6270878 B: 1824 P: 33 Page 12 of 13 1/28/10 3:31 PM
FAU1591 1W
TOWN:
TOWN OF DUCK, NORTH CAROLINA
BY:
Dave Wessel, Mayor
Lori Kopec, To Clerk
NORTH CAROLINA
DARE COUNTY
I, 1, AgSelt+n , aNotary Public of the County of N rv, ?Q JC , and
State aforesaid, certify that Dave Wessel personally came before me this day and acknowledged
that he is Mayor of The Town of Duck, a North Carolina municipal corporation, and that by
authority duly given and as the act of the Town, the foregoing instrument was signed in its name
by its Mayor, sealed with its corporate seal and attested by Lori Kopec, its Town Clerk.
Witness my hand and official stamp or seal, this day of cAlnv(l r- ? ,
2010 .
Signature of Notary Public
Oh,r i 5-? (*?- L - (V) ose m a Y)
Typed or printed name of Notary Public
My commission expires: VMCLrc,k , a 0-
(AFFIX NO CRY SEAL)
L.
projecADuck boardwalk - DI7MC lease - 2010-01-27 FINAL.wpd
PUS00
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ATTEST:
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1111 Wi FAll l"KhIwl lIpr 41il I RWIZ Kul mill 11111

8a 1810 P: 173 tae id: X26384
08/20!2009 12:45 PM
Doc Code: ESMT Receipt #: 09-11531
Vanzolla McMurran, Register of DeedsxcDarreTCO,PNC $0.00
6263584 8: 1810 P: 170 Page 1 of 8 8/20/03 12:45 PM
IVIVI IANN?e I?? , M & M 4 1111
Space Above This Line For Recording Data
EASEMENT
ENT
(Town of Duch Boardwalk Project)
Prepared by and return to Robert B. Hobbs, Jr., Attorney
Hornthal, Riley, Ellis & NWw-d, LLP
Post Office Box 310
Nags Head, NC 27959
Excise Tax: $-0- Tax Parcei: Portion o 0264 (easement)
Transfer Tax: $-0- LT Number I f"Atf ? I
?
NORTH CAROLINA
DARE COI NTY
THIS EASEMENT AGREEMENT is made and entered into as of the day of
u , 2001, by and among Schooner Ridge Property Owners Association, Inc., whose
!nailing :address is 1214 Duck Road, "Grantor"; and The 'own of Duck, North Carolina, a North
Carolina municipal corporation, PG Box $569, ;Duch, NC 27/949, "Town",
V4771`IESSE'TH:
WHEREAS, Grantor isiare the owner(s) of certain property located in Dare County, North
Carolina, which property is more particularly described on Exhibit A attached hereto (the "Easement
Area"); and
WHEREAS, the 'd'own is developing plans for a municipal boardwalk along, across and
adjacent to the Currituck Sound, for recreational, pedestrian and related public purposes, a :portion
of which is to be located in the Easement Area; and
?HEIRS, Grantor desires to grant to the 'own a perpetual public easement over the
Easement Area for the uses and purposes set forth :herein.
NOW, TERE' F RE, for and in consideration of the prernises and the stern of One Dollar
(51,00) to it in hand paid, the receipt of which is hereby acknowledged, Grantor hereby gives and
grants to the 'own a perpetual and permanent public right and easement over the Easement Area,
for the construction, maintenance and public use of a municipal boardwalk, all at the Town's sole
cost and expense, subject to annual budget appropriations or amendments thereto by the Town
Council of the Town, including but not limited to the right to maintain and make improvements to
the bank and bed of the Gurrituck Sound. The easement rights herein conveyed include an easement
in all rights and interests of Grantor in and to (1) the Easement Area, including but not limited to
surface, subsurface, riparian and air rights, and (2) any other easement areas located on property of
adjoining property owners and conveyed to the Town by such adjoining property owners as part of
the municipal boardwalk project, including but not limited to surface, subsurface, riparian and air
rights.
TO HAVE AND TO HOLD the aforesaid rights, privileges, and easement unto the Town,
its successors and assigns, for the purposes set forth herein,
GRANTOR AND THE TOWN, for themselves and their heirs, successors and assigns,
further agree as follows;
1. Right to Construct Municipal Public Boardwalk. The Town shall have the right, but
not the obligation, to construct, maintain, operate, renovate, reconstruct, expand, contract, and
remove the municipal boardwalk and related improvements contemplated and authorized by this
Easement Agreement, all in the Towns sole and absolute discretion. If constructed, the municipal
boardwalk and related improvements will be constructed in accordance with the plans and
specifications as provided by the Town's engineers and architects.
Easement Area Description modification or Clarification, The parties understand
and agree that the legal description of the Easement Area shown on the attached Exhibit A is
prehininary and was prepared by the Town for the purpose of applying for permits and approvals
to construct the municipal boardwalk. The parties understand and agree that after any approval and
issuance of permits and approvals for the construction of the municipal boardwalk, and after the
necessary survey and engineering work for the municipal boardwalk has been completed,
modifications and/or clarifications of the legal description of the Easement Area might be necessary.
Grantor agrees to cooperate with the Town by signing and delivering to the Town any reasonable
amendment to this Easement Agreement to effectuate any such non-substantial modification and/or
clarification of the legal description of the Easement Area.
3. Town's Right to Grant Easements. The Town shall have the right to grant easements
,or rights-of-way across the Easement Area for utilities, public access and use rights incident to the
use of the Easement Area, or other public purposes consistent with the primary purposes set forth
above,
4, Grantor's Right to Grant Easements, Grantor, for itself or themselves and their
successors and assigns, reserves the right to grant easements or rights-of-way for underground
utilities within the Easement Area for the benefit of the Granter's land adjacent to the Easement
.Area, at such locations and in such manner as maybe approved by the Town in the exercise of the
Town's reasonable discretion, provided such easements do not interfere with the use of the Easement
area as set forth herein and provided Grantor repairs any damage to the Easement Area resulting
from the implantation of such utilities.
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5. Mules and Regulations. The 'd'own shall have the sole right to promulgate rules and
regulations for the reasonable use of the Easement Area by the public, provided the Easement Area
is used for the purposes stated herein.
gib. No Commercial or Private Use. Grantor acknowledges and agrees that Grantor shall
not use any portion of the Easement Area for private, commercial or business use, which in any way
interferes with the public use of the municipal boardwalk, whether during or outside any regular
operating hours of the municipal boardwalk that may be established by the 'own, including but not
limited to tables, chairs, bandstands, signs, or social or business functions. The Town shall have
the right to further regulate all aspects of use of the Easement Area as provided herein.
7. Further Easements for Construction and Maintenance. If reasonable access by the
Town to the Easement Area is otherwise unavailable, Grantor further grants to the 'T'own reasonable
access from time to time to the Easement Area over any remaining contiguous property owned by
Grantor for the purpose of developing, constructing, reconstructing, replacing and maintaining the
municipal boardwalk located or to be located within the Easement Area (but not for access by the
general public) for the purposes set forth herein; provided, the "Town shall (a) to the extent possible,
utilize existing roads for such purposes, (b) repair any damage resulting from such access, and (c)
upon request of Grantor execute a supplemental instrument delineating an appropriate access route
to provide the agreed access.
8, Maintenance of Easement Area. The 'own shall be responsible, at its expense, for
maintaining the Easement Area in accordance with the purposes set forth herein, including
construction and maintenance of the boardwalk, removal of trash, waste and litter, and efforts to
control vandalism and other crimes within the Easement Area, Grantor shall have the right., but not
the obligation., to eater the Easement Area to remove litter, and beautify same in the event the Town
fails to perform such functions in a reasonable manner, subject to approval by the Town, which
approval will not be unreasonably withheld.
9. Indemnification of Grantor. To the fullest extent permitted by law, the Town shall
defend, indemnify and :hold harmless Grantor, and Grantor's heirs, successors and assigns, from and
against all claims, demands, loss and damage by third parties arising out of or relating to use of the
Easement Area by the public, provided such claims do not result from the acts, negligence or willful
misconduct of Grantor or Grantor's heirs, successors or assigns,
10, No Effect on Zoning Density. Grantor retains fee simple ownership of the title to the
Easement Area, subject to the rights granted to the Town herein, for the specific purpose of allowing
the land burdened by the Easement Area to be included in the calculation of zoning density for
building improvements permitted on Grantor's Sand abutting the Ease mi ent Area, as such density may
be allowed tender current or future zoning ordinances.
11. Condition of Prooerty and Title, (3rantor makes no representations or warranties
whatsoever, whether express or implied, with respect to the condition of or title to the Easement
Area, which property the Town agrees to accept, AS 1S, in its present legal and physical condition.
1' . Grantor's light to Construct Public or Private Pier, Sub- Ject to permits and approvals
required from local, State and/or Federal agencies, Grantor, for itself or themselves and their
3._
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successors and assigns, reserves the right to construct, maintain, renovate and reconstruct, at
Grantor's sole cost and expense, a public or private pier from Grantor's other property adjoining the
Easement Area, connecting to the Town's boardwalk and extending beyond the Town's boardwalk
into the Gurrituck Sound, for the benefit of the Grantor's land adjacent to the Easement Area, at such
locations and in such manner as may be approved by the Town in the exercise of the Town's
reasonable discretion, provided such public or private pier does not interfere with the use of the
Easement Area as set forth herein, and provided Grantor repairs any damage to the Easement Area
resulting from the construction, maintenance, renovation, reconstruction and use of such public or
private pier. The interconnection of Grantor's public or private pier with the Town's boardwalk shall
be structurally independent from the Town's pier, such that any failure or lack of structural integrity
of Grantor's public or private pier shall not affect the structural integrity of the Town's boardwalk.
Likewise, the 'I'owa shall construct and maintain the Town's boardwalk so that it will be structurally
independent from any public or private pier constructed, owned or maintained by Grantor, To the
fullest extent permitted by law, Grantor shall defend, indemnify and hold harmless the Town, from
and against all claims, demands, loss and damage by Grantor, and Grantor's heirs, successors and
assigns, arising out of or relating to the interconnection of Grantor's private pier with the Town's
boardwalk, provided such claims do not result from the acts, negligence or willful :misconduct of
the Town.
13, 'Grantor's Right to Limit Access to Private Pier, With regard to any private pier
owned by Grantor existing on the date of this Easement Agreement, or any private pier constructed
by Grantor into the Easement Area pursuant to the terms and conditions of this Easement
Agreement, Grantor, for itself or themselves and their successors and assigns, reserves the right to
install and maintain, at Grantor's sole cost and expense, a locked gate at the locations on the Town's
boardwalk which connect to Grantor's private pier to the Town's boardwalk within the Easement
Area, as a way to deter users of the 't'own's boardwalk from accessing Grantor's private pier, The
parties understand and agree that the existence of such locked gates shall serve solely as a deterrence
to members of the public from trespassing onto Grantor's private pier, and such locked gates shall
be no guarantee that such trespassing will not occur.
14. Severability. Every provision of this Agreement is intended to be severable. If any
term or prevision hereof is illegal or invalid for any reason whatsoever, such illegality or invalidity
shall not affect the validity of the remainder of this Agreement.
15, Suit Costs. In the event either party shall institute an action to enforce the provisions
of this Agreement, the party prevailing in such action, whether by adjudication, arbitration, or
settlement, shall be entitled to recover suit costs, including reasonable attorney's fees, from the other
party
16. Applicable Law. This Agreement shall be construed and interpreted under the laws
of the State of North Carolina.
1'7, Parties. This Agreement shall be binding upon and inure to the benefit of the parties
hereto and their respective heirs, successors and assigns. As used herein, words in singular include
the plural and the masculine includes the feminine and neuter genders, as appropriate,
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fill , lip, ill a1 TIA1 *? k ,tot 1?01i 11111
I& Notices. Notices hereunder shall be effective and deemed given when deposited in
the United States Pails, postage prepaid, registered or certified snail with return receipt requested.
Alternatively, the party may use a nationally recognized overnight delivery service, Notices shall
be addressed to each party at the mailing address shown on page 1 of this Easement Agreement or,
in the case of the Grantor or Grantor's heirs, successors or assigns, the billing address for the then-
owner of Grantor's property as shown in the Tare County tax records. Any party may change the
address to which such notices are to be addressed by giving each other party notice in the manner
:herein set forth.
9. Non-waiver, The waiver by either party hereto of a breach of any provision of this
Agreement shall not operate or be construed as a waiver of any subsequent breach of the same or
any other provision of this Agreement.
20. Counterparts. This Agreement may be executed in two or more counterparts, each
of which shall be deemed an original, but all of which together shall constitute but one and the same
instrument.
2.1. Headings. The headings, subheadings and captions in this Agreement and in any
exhibit hereto are for reference purposes only and shall not affect the meaning or interpretation of
this Agreement..
22, Entire Agreement. This Agreement contains the entire Agreement between the
parties hereto with respect to the subject matter hereof and supersedes all negotiations., prior
discussions, agreements, arrangements and understandings, written or oral, relating to the subject
matter :hereof,
3. Amendments, This Agreement may not be amended except by written instrument
duly e;xccu, ted by or on behalf of all of the parties hereto.
24 TTNrESS WT-TETEOF, the ;parties have executed this basement Agreement the day and
year first above )vritten.
signatures begin on the following page)
5253584 S, 1$?I! F; i/? Pagg ? Of B 8/20/00 12:45 PM
.0 1A 11111

GRANTOR:
Schooner Ridge Property Owners Association, Inc.
BY: - (SEAL)
?K P ® A , President
S'TA'TE OF ND f t'?) COUNTY/CI'TY OP p, y-2
I certify that the following person(s) personally appeared before me this day, each
acknowledging to me that he or she or they voluntarily signed the foregoing document for the
purpose stated therein and in the capacity indicated: i rte,. s e *-- , President of Schooner
Midge Property Owners Association, Inc.
Date.
A )v==?_
C, :-
Signature of Notary Public
'T'yped or printed name of Notary Public
i\/Iy co=- fission expires.
(A-FM $Al
?S L
?SLIG
62635a4 8: 1810 9; 170 Page 6 of 8 8/20189 12:45 9M
N ,ITIVIV'W W 1 W F?WMI H 1111

A, Y it ?
? r? ? ?t1ay
Y
(AFFIX CORPORATE SEAL)
ATTEST,
TOWN:
TOWN OF DUCK, NORTH CAROLINA
BY: !Z.'.
Neil Morrison, Mayor
r? f ?at I j kmnz??-
Lori Kopec, To n Clerk
NORTH CAROLINA
DARE COUNTY
I, jet`s"?4v ' ` L emJ6it, a Notary Public of the County of ? 'I'e
'6 , and State
aforesaid, certify that Neil Morrison personally came before me this day and acknowledged that he
is Mayor of The Town of Duck, a North Carolina municipal corporation., and that by authority duly
given and as the act of the Town, the foregoing instrument was signed in its dame by its Mayor,
sealed with its corporate seal and attested by Lori I<opec, its Town Clergy.
Witness my hand and official stamp or seal, this 67 day of
20-LI.
Signature Notar<J Public
Typed or printed name of Notary Public
My commission expires:
(A T
8283584 S: 1819 P: 170 Page 7 of a 8/20109 t2;45 PM
III K is 111VIII ' AIMLART, Ion ? ' ' 1111
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8283984 8: 1810 P. 170 Page 8 of 8 8120/09 12:45 PM
1111 A?l Anil AV 'lM WId Mi LN, Ml 66N X134 01111
. ' -?k( C c?
B1 tole P: 166 Doe 1d, 6263560
09/20/2009 12:40 PM Receipt #: 09-11527
Doc Code: ESMT NCExcise Tax pd: $0.00
Vanzolla McMurran, Register of Deeds Dare CO, NC
8253580 8: 1810 P: 168 Page 1 Of 9 8/20/09 12:40 PM
millW111 I '11 I,1AAAW14111 11111
Space Above This Line For Recording Data
EASEMENT
(Town of Duck Boardwalk Project)
(Co-Location With Existing Boardwalk Structures;
Prepared by and return to Robert B. Hobbs, Jr., Attorney
Homthal, Riley, Ellis & iMaland, LLP
Post Office Box 310
Nags Head, NC 27959
Excise Tax: $-0- Tax Parcel: 02547100
Transfer Tax: $-0- 1_,T Number
T
NORTH CAROLINA
DARE COUNTY
THIS EASEMENT AGREEMENT is made and entered into as of the I b?)4_ day of
200 , by and among The Lucky Duck, L.L.C., a North Carolina iffl ited liability
corn ny, whose hailing address is 5020 Martin's Point Road, Kitty Hawk, NC 27949, "Grantor";
and The Town of Duck, North Carolina, a North Carolina municipal corporation, PG Box 8369,
Duck, NC 27949, "Town";
WIT1NESSETH:
WHEREAS, Grantor is/are the owner(s) of certain property located in bare County, North
Carolina, which property is more particularly described on Exhibit A attached hereto (the "Easement
Area"); and
WHEREAS, the Town is developing plans for a ;municipal boardwalk along, across and
adjacent to the Currituck ,bound, for recreational, pedestrian and related public purposes, a portion
of which is to be located in the Easement Area; and
WHEREAS, Grantor desires to grant to the `To;ain a perpetual public easement over the
Easement Area for the uses and ;purposes set forth .herein,
NOW, THEREFORE, for and in consideration of the premises and the sum of One Dollar
($1.00) to it in hand paid, the receipt of which is hereby acknowledged, Grantor hereby gives and
grants to the Town a perpetual and permanent public right and easement over the Easement Area,
for the construction, maintenance and public use of a municipal boardwalk, all at the Town's sole
cost and expense, subject to annual budget appropriations or amendments thereto by the Town
Council of the Town, including but not limited to the right to maintain and snake improvements to
the bank and bed of the Currituck Sound. The easement rights herein conveyed include an easement
in all rights and interests of Grantor in and to (1) the Easement Area, including but not limited to
surface, subsurface, riparian and air rights, and (2) any other easement areas located on property of
adjoining property owners and conveyed to the Town by such adjoining property owners as part of
the municipal boardwalk project, including but not limited to surface, subsurface, riparian and air
nghts.
TO HAVE AND TO HOLD the aforesaid rights, privileges, and easement unto the Town,
its successors and assigns, for the purposes set forth herein.
GRANTOR AND THE TOWN, for themselves and their heirs, successors and assigns,
further agree as follows;
1. Right to Construct Municipal Public Boardwalk.. The Town shall have the right, but
not the obligation, to construct, maintain, operate, renovate, reconstruct, expand, contract, and
remove the municipal boardwalk and related improvements contemplated and authorized by this
Easement Agreement, all in the Town's sole and absolute discretion. If constructed, the municipal
boardwalk and related improvements will be constructed in accordance with the plans and
specifications as provided by the Town's engineers and architects.
2. Town's Right to Interconnect with Grantor's Existing Improvements. The Easement
Area includes existing improvements ("Grantor's Interconnected Improvements") owned and
maintained by Grantor such as boardwalks and sidewalks. Grantor hereby grants to the Town the
perpetual right and easement to interconnect the 'T'own's municipal boardwalk with Grantor's
Interconnected Improvements, Once Grantor's Interconnected Improvements are interconnected
with the Town's municipal boardwalk, Grantor agrees that Grantor's Interconnected Improvements
shall be open and unobstructed for use by the public and by the Town in perpetuity as part of the
Town's municipal boardwalk. Grantor shall not exclude any members of the public or the Town
from using the Grantor's Interconnected Improvements as part of the municipal boardwalk. Grantor
shall maintain the Grantor's Interconnected Improvements in good and safe condition at all times
for as long as the municipal boardwalk is interconnected to the Grantor's Interconnected
Improvements. Grantor shall remain solely liable and responsible for all aspects of the Grantor's
Interconnected Improvements, including but not limited to the upkeep, maintenance, repair,
replacement, liability insurance, property taxes, and all costs associated with the same. To the
fullest extent permitted by law, Grantor shall defend, indemnify and hold harmless the Town, from
and against all claims, demands, loss and damage by Grantor, and Grantor's heirs, successors and
assigns, arising out of or relating to the interconnection of Grantor's Interconnected Improvements
with the 'T'own's boardwalk, provided such claims do not result from the acts, negligence or willful
misconduct of the Town. 6263580 s: isle P: ass Page 2 of 9 8/20/09 12:40 PM
I'M 1117111,
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3, Easement Area Description modification or Clarification. The parties understand
and agree that the legal description of the Easement Area shown on the attached Exhibit A is
preliminary and was prepared by the Town for the purpose of applying for permits and approvals
to construct the municipal boardwalk. The parties understand and agree that after any approval and
issuance of permits and approvals for the construction of the municipal boardwalk, and after the
necessary survey and engineering work for the municipal boardwalk has been completed,
modifications and/or clarifications of the legal description of the Easement Area might be necessary.
Grantor agrees to cooperate with the Town by signing and delivering to the Town any reasonable
amendment to this Easement Agreement to effectuate any such non-substantial modification and/or
clarification of the legal description of the Easement Area.
4. Town's Ri?zht to Grant Easements. The Town shall have the right to grant easements
or rights-of-way across the Easement Area for utilities, public access and use rights incident to the
use of the Easement Area, or other public purposes consistent with the primary purposes set forth
above.
,. Grantor's R4,-ht to Grant Easements. Grantor, :For itself or themselves and their
successors and assigns, reserves the right to grant easements or rights-of-way for underground
utilities within the Easement Area for the benefit of the Grantor's land adjacent to the Easement
Area, at such locations and in such manner as may be approved by the Town in the exercise of the
Town's reasonable discretion, provided such easements do not interfere with the use of the Easement
area as set forth herein and provided Grantor repairs any damage to the Easement Area resulting
from the implantation of such utilities.
ti, Rules and regulations. The "Down shall have the sole right to promulgate rules and
regulations for the reasonable use of the Easement Area by the public, provided the Easement Area
is used for the purposes stated herein.
7. No Commercial or Private Use. Grantor acknowledges and agrees that Grantor shall
not use any portion of the Easement Area for private, commercial or business use, which in any way
interferes with the public use of the municipal boardwalk, whether during or outside any regular
operating hours of the municipal boardwalk that may be established by the Town, including but not
limited to tables, chairs, 'bandstands, signs, or social or business f=unctions. The Town shall have
the right to further regulate all aspects of use of the Easement area as provided herein.
g. Further Easements for Construction and Maintenance. If reasonable access by the
'T'own to the Easement Area is otherwise unavailable, Grantor further grants to the Town reasonable
access from time to time to the Easement Area over any remaining contiguous property owned by
Grantor for the purpose of developing, constructing, reconstructing, replacing and maintaining the
municipal boardwalk located or to be located within the Easement Area (but not for access by the
general public) for the purposes set forth herein; provided, the 'd'own shall (a) to the extent possible,
utilize existing roads for such purposes, (b) repair any damage resulting from such access, and (c)
upon request of Grantor execute a supplemental instrument delineating an appropriate access route
to provide the agreed access.
9. Maintenance of Easement Area. The Town shall be responsible, at its expense, for
maintaining the Easement Area in accordance with the purposes set forth 'Herein, including

6263580 B: 1810 P: 166 Page 4 of 9 20/09 12:40 PM
mill SAW%I111ANV IRIAM 1 I V I H 11111
construction and maintenance of the boardwalk, removal of trash, waste and litter, and efforts to
control vandalism and other crimes within the Easement Area. Grantor shall have the right, but not
the obligation, to enter the Easement Area to remove litter, and beautify same in the event the Town
fails to perform such functions in a reasonable manner, subject to approval by the Town, which
approval will not be unreasonably withheld.
10. Indemnification of Grantor. To the fullest extent permitted by law, the Town shall
defend, indemnify and hold harmless Grantor, and Grantor's heirs, successors and assigns, from and
against all claims, demands, loss and damage by third parties arising out of or relating to use of the
Easement Area by the public, provided such claims do not result from the acts, negligence or willful
misconduct of Grantor or Grantor's heirs, successors or assigns.
11. No Effect on Zoning Density. Grantor retains fee simple ownership of the title to the
Easement Area, subject to the rights granted to the Town herein, for the specific purpose of allowing
the land burdened by the Easement Area to be included in the calculation of zoning density for
building improvements permitted on Grantor's land abutting the Easement Area, as such density may
be allowed under current or future zoning ordinances.
12. Condition of Property and Title. Grantor makes no representations or warranties
whatsoever, whether express or implied, with respect to the condition of or title to the Easement
Area, which property the Town agrees to accept, AS IS, in its present legal and physical condition.
13. Grantor's light to Construct Public or Private Pier. Subject to permits and approvals
required from local, State and/or Federal agencies, Grantor, for itself or themselves and their
successors and assigns, reserves the right to construct, maintain, renovate and reconstruct, at
Grantor's sole cost and expense, a public or private pier from Grantor's other property adjoining the
Easement Area, connecting to the Town's boardwalk and extending beyond the g'own's boardwalk
into the Currituck Sound, for the benefit of the Grantor's land adjacent to the Easement Area, at such
locations and in such manner as may be approved by the Town in the exercise of the Town's
reasonable discretion, provided such public or private pier does not interfere with the use of the
Easement Area as set forth herein, and provided Grantor repairs any damage to the Easement Area
resulting from the construction, maintenance, renovation, reconstruction and use of such public or
private pier. The interconnection of Grantor's public or private pier with the Town's boardwalk shall
be structurally independent from the Town's pier, such that any failure or lack of structural integrity
of Grantor's public or private pier shall not affect the structural integrity of the Town's boardwalk.
Likewise, the Town shall construct and maintain the Town's boardwalk so that it will be structurally
independent from any public or private pier constructed, owned or maintained by Grantor. To the
fullest extent permitted by law, Grantor shall defend, indemnify and hold harmless the Town, from
and against all claims, demands, loss and damage by Grantor, and Grantor's heirs, successors and
assigns, arising out of or relating to the interconnection of Grantor's private pier with the d'own's
boardwalk, provided such claims do not result from the acts, negligence or willful misconduct of
the Town.
14. Grantor's light to Limit Access to Private Pier. With regard to any private pier
owned by Grantor existing on the date of this Easement Agreement, or any private pier constructed
by Grantor into the Easement Area pursuant to the terms and conditions of this Easement
Agreement, Grantor, for itself or themselves and their successors and assigns, reserves the right to
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6263580 8: 1810 P: 156 Page , ' 9 8/20/09 12:40 PM
11111211'13-1 11INVIKKI i 1 ,I' WA1 11111
install and maintain, at Grantor's sole cost and expense, a locked gate at the locations on the Town's
boardwalk which connect to Grantor's private pier to the Town's boardwalk within the Easement
Area, as a way to deter users of the Town's boardwalk from accessing Grantor's private pier. The
parties understand and agree that the existence of such locked gates shall serve solely as a deterrence
to members of the public from trespassing onto Grantor's private pier, and such locked gates shall
be no guarantee that such trespassing will not occur.
15. Severability, Every provision of this Agreement is intended to be severable. If any
term or provision hereof is illegal or invalid for any reason whatsoever, such iliegality or invalidity
shall not affect the validity of the remainder of this Agreement.
16. Suit Costs. In the event either party shall institute an action to enforce the provisions
of this Agreement, the party prevailing in such action, whether by adjudication, arbitration, or
settlement, shall be entitled to recover suit costs, including reasonable attorney's fees, from the other
party.
1 ? ,kpplicable Law. 'This Agreement shall b? _ ?nstr?Pd and interpreted .nder I.ht 1a:?r
of the State of North Carolina.
18. Parties. This Agreement shall be binding upon and inure to the benefit of the parties
hereto and their respective heirs, successors and assigns. As used herein, words in singular include
the plural and the masculine includes the feminine and neuter genders, as appropriate.
19. Notices, Notices hereunder shall be effective and deemed given when deposited in
the 'United States Mails, postage prepaid, registered or certified mail with return receipt requested.
Alternatively, the party may use a nationally recognized overnight delivery service, Notices shall
be addressed to each party at the mailing address shown on page I of this Easement Agreement or,
in the case of the Grantor or Grantor's heirs, successors or assigns, the billing address for the then-
owner of Grantor's property as shown in the Dare County tax records. Any party may change the
address to which such notices are to be addressed by giving each other party notice in the manner
herein set forth.
20, Non-wa ver. The waiver by either party hereto of a breach of any provision of this
Agreement shall not operate or be construed as a waiver of any subsequent breach of the same or
any other provision of this Agreement.
1. Counterparts. This Agreement may be executed in two or more counterparts, each
c)f,Aih ch shall be deemed an original, but all of which together shall constitute but one and the same
instrument.
22. Headinzs. The headings, subheadings and captions in this Agreement and in any
eXhibit hereto are for reference purposes only and shall not affect the meaning or interpretation of
this Agreement.
'23 Entire Agreement. This Agreement contains the entire Agreement betAxeen the
parties hereto with respect to the subject matter hereof and supersedes all negotiations, prior
-5-
6' +80 8:L1810 P: 166,y Page 6 of 99 8/2E 12:x{0 PM
BNII ,11RU IAN116IWkview 1*014 11111
discussions, agreements, arrangements and understandings, written or oral, relating to the subject
matter hereof.
24. Amendments. This Agreement may not be amended except by written instrument
duly executed by or on behalf of all of the parties hereto.
(signatures begin on the following page)
-6-
52# a 8: iaA P: 166 Page 7 of 6 31291?. 12:40 PM
IN WITNESS HEREOF, the parties have executed this Easement Agreement the day and
year first above written,
GRANTOR:
The Lucky D 1? C., a North Carolina limited liability
company . ? y
BY. ? (SEAL,)
is, Manager
STATE OF IDr L kK / , COUNTY/CITY OF
I certify that the following person(s) personally appeared before me this day, each
l,nowledging to me chat he or she or they voluntarily signed the for-,going document for tl
purpose stated therein and in the capacity indicated: Jerry A. Davis, ANIanager of 'Me Lucky Duck,
L.L.C., a North Carolina lin- t+cd liability company,
Date: ITVILY Z Z91 .
Signature of Notary Public
Typed or printed name of Notary Public
ply commission expires: -kC-- t, 41c/ j
(AFFIX NOTARY SEAT;,)
-7-
i
F ? . F'3c} iF
=a?
(AFFIX CORPORATE SEAL)
ATTEST:
6263380 6: 1810 P: 166 Page 8 of 9 8/20/09 12:40 PM
mill ,1INV1,1i "A N I IIA 14 11111
TOWN.
TOWN OF DUCK, NORTH CAROLINA
BY:
Neil Morrison, Mayor
Lori Kopec, Town Clerk
NORTH CAROLINA
DARE COUNTY
I, . ' Le., A166X , a Notary public of the County of L%4 , and ;Mate
aforesaid, certify that Neil Morrison personally came before me this day and acknowledged that he
is Mayor of The 'Down of Duck, a North Carolina municipal corporation, and that by authority duly
given and as the act of the 't'own, the foregoing instrument was signed in its name by its Mayor,
sealed with its corporate seal and attested by Lori Ropes, its `town Clerk.
Witness my band and official stamp or seal, this ? day of
2069
Signatire of Notary Public
Typed or printed name of Notary Public
My comrniss ° V a
(AFAR''I
T
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11/17/2009 18P: 21 01: Doc Id: 8267813
Doc c Code Code ESMT 35 PM Receipt R: 09-15672
NCExcise Tax pd: $0.00
Vanzolla MoMurran, Register of Deeds Dare Co, NC
6267813 8: 1818 P: 21 Page 1 of 9 11/17/89 1:35 PM
mill i SLNUT ,IAY #q ll III
Space Above This Line For Recording Data
EASEMENT
(Town of Duck Boardwalk Project)
(Co-Location With Existing Boardwalk Structures)
Prepared by and return to Robert B. Hobbs, Jr., Attorney
Hornthal, Riley, Ellis & Maland, UP
Post Office Box 3 10
Nags Head, NC 27959
Excise Tax: $-oD Tax Parcel: C l and Basin 1 of 0264'71000 (casement)
Transfer Tax: $-0- LT Number ??
tNORTH CAROLINA
DARE COUNTY
THIS EASEMENT AGREEMENT is made and entered into as of the day of
, 200_q, by and arnong The County of Dare, North Carolina, whose maiiing address is
PO Box 1000, Manteo, NC 27954, "Grantor"; and The Town of Duck, North Carolina, a North
Carolina :municipal corporation, PO Box 8369, Buck, NC 27949, "Town";
WITNESSETH:
WHEREAS, Grantor is/are the owner(s) of certain property located in Dare County, North
Carolina, which property is more particularly described on Exhibit A attached hereto (the "Easement
Area"); and
WHEREAS, the Town is developing plans for a municipal boardwalk along, across and
adjacent to the Currituck Sound, for recreational, pedestrian and related public purposes, a portion
of which is to be located in the Easement Area; and
WHEREAS, Grantor desires to grant to the Town a perpetual public easement over the
Easement Area for the uses and purposes set forth herein.
NOW, THEREFORE, for and in consideration of the premises and the sum of One Dollar
($1.00) to it in hand paid, the receipt of which is hereby acknowledged, Grantor hereby gives and
grants to the Town a perpetual and permanent public right and easement over the Easement Area,
for the construction, maintenance and public use of a municipal boardwalk, all at the Town's sole
cost and expense, subject to annual budget appropriations or amendments thereto by the Town
Council of the Town, including but not limited to the right to maintain and make improvements to
the bank and bed of the Currituck Sound. The easement rights herein conveyed include an easement
in all rights and interests of Grantor in and to (1) the Easement Area, including but not limited to
surface, subsurface, riparian and air rights, and (2) any other easement areas located on property of
adjoining property owners and conveyed to the Town by such adjoining property owners as part of
the municipal boardwalk project, including but not limited to surface, subsurface, riparian and air
rights.
TO HAVE AND TO HOLD the aforesaid rights, privileges, and easement unto the Town,
its successors and assigns, for the purposes set forth herein.
GRANTOR AND THE TOWN, for themselves and their heirs, successors and assigns,
further agree as follows:
1. Right to Construct Municipal Public Boardwalk. The Town shall have the right, but
not the obligation, to construct, maintain, operate, renovate, reconstruct, expand, contract, and
remove the municipal boardwalk and related improvements contemplated and authorized by this
Easement Agreement, all in the Town's sole and absolute discretion. If constructed, the municipal
boardwalk and related improvements will be constructed in accordance with the plans and
specifications as provided by the Town's engineers and architects.
2. Town's Right to Interconnect with Granttoes Existing Improvements. The Easement
Asea includes existing improvements ("'Grantor's Interconnected Improvements") owned and
maintained by Grantor such as boardwalks and sidewalks. Grantor hereby grants to the Town the
perpetual right and easement to interconnect the Town's municipal boardwalk with Grantor's
Interconnected Improvements. Once Grantor's Interconnected Improvements are interconnected with
the Town's municipal boardwalk, Grantor agrees that Grantor's Interconnected Improvements shall
be open and unobstructed for use by the public and by the Town in perpetuity as part of the Town's
municipal boardwalk. Grantor shall not exclude any members of the public or the Town from using
the Grantor's Interconnected improvements as part of the municipal boardwalk. Grantor shall
maintain the Grantor's Interconnected Improvements in good and safe condition at all times for as
long as the municipal boardwalk is interconnected to the Grantor's Interconnected Improvements.
Grantor shall remain solely liable and responsible for all aspects of the Grantor's Interconnected
Improvements, including but not limited to the upkeep, maintenance, repair, replacement, liability
insurance, property taxes, and all costs associated with the same. To the fullest extent permitted by
law, Grantor shall defend, indemnify and hold harmless the Town, from and against all claims,
demands, loss and damage by Grantor, and Grantor's heirs, successors and assigns, arising out of or
relating to the interconnection of Grantor's Interconnected Improvements with the Town's boardwalk,
provided such claims do not result from the acts, negligence or willful misconduct of the Town.
-2-
gill W? s1+ 1 1 '1 s1 ,?" 4 ?W'? X ill
I Easement Area Description Modification or Clarification. The parties understand and
agree that the legal description of the Easement Area shown on the attached Exhibit A is preliminary
and was prepared by the Town for the purpose of applying for permits and approvals to construct the
municipal boardwalk. The parties understand and agree that after any approval and issuance of
permits and approvals for the construction of the municipal boardwalk, and after the necessary
survey and engineering work for the municipal boardwalk has been completed, modifications and/or
clarifications of the legal description of the Easement Area might be necessary. Grantor agrees to
cooperate with the Town by signing and delivering to the Town any reasonable amendment to this
Easement Agreement to effectuate any such non-substantial modification and/or clarification of the
legal description of the Easement Area which does not interfere with Grantor's current or future uses
of Grantor's property. Grantor's attorney shall be the sole arbiter of what is or is not reasonable and
such determination shall be binding upon the parties.
4. Town's Rig tt to Grant Easements. The Town shat l have the right to grant easements
or rights-of-way across the Easement Area for utilities, public access and use rights incident to the
use of the Easement Area, or other public purposes consistent with the primary purposes set forth
above.
5. Grantor's Right to Grant Easements. Grantor, for itself or themselves and their
successors and assigns, reserves the right to grant easements or rights-of-way for underground
utilities within the Easement Area for the benefit of the Grantor's land adjacent to the Easement
Area, at such locations and in such manner as may be approved by the Town in the exercise of the
Town's reasonable discretion, provided such easements do not interfere with the use of the Easement
area as set forth herein and provided Grantor repairs any damage to the Easement Area resulting
from the implantation of such utilities.
b. Rules and Regulations. The Town shall have the sole right to promulgate rules and
regulations for the reasonable use of the Easement Area by the public, provided the Easement Area
is used for the purposes stated herein and provided such rules and regulations do not interfere with
Grantor's current or future uses of Grantor's property.
T No Commercial or Private Use. Grantor acknowledges and agrees that Grantor shall
not use any portion of the Easement Area for private, commercial or business use, which in any way
interferes with the public use of the municipal boardwalk, whether during or outside any regular
operating hours of the municipal boardwalk that may be established by the Town, including but not
limited to tables, chairs, bandstands, signs, or social or business functions. The Town shall have
the right to further regulate use of the Easement Area as provided herein. Notwithstanding the
forgoing, Grantor, upon notice to Town, may from time to time be required to temporarily close the
Easement Area and to remove improvements to the Easement Area to allow construction,
improvements, operations, maintenance and repairs to Grantor's property, In the event Grantor
determines that Grantor needs to remove a portion of the boardwalk from the Easement Area to
accommodate Grantor's use of the Easement Area, the parties understand and agree that such
removal shall be temporary, and Grantor shall within a reasonable time reconstruct and reconnect
the boardwalk upon completion of Grantor's use of the Easement Area. The cost of removal and
reconstruction of the boardwalk consistent with the provisions of this Section 7 shall be at the sole
cost and expense of Grantor. Grantor agrees to confer with Town in advance of such work to discuss
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6267813 a: 1$18 p: 21 Page 3 of 9 11/17/09 3:33 PM
fill 11111
the plans for such work prior to commencement, and to consider any reasonable recommendations
from the Town as to aspects of the work which affect the boardwalk. Grantor agrees to use
reasonable efforts to minimize the impact of Grantor's work on the boardwalk.
8. Further Easements for Construction and Maintenance. If reasonable access by the
Town to the Easement Area is otherwise unavailable, Grantor agrees to make reasonable efforts to
provide other access to the Easement Area across Grantor's adjoining property. The Grantor's
attorney shall be the sole arbiter of reasonableness and the determination of the Grantor's attorney
shall be binding upon the parties. To the extent that such easement access is provided, the Town
shall (a) to the extent possible, utilize existing roads for such purposes, (b) repair any damage
resulting from such access, (c) upon request of Grantor execute a supplemental instrument
delineating an appropriate access route to provide the agreed access, and (d) take such other
reasonable measures to protect Grantor's property as the Grantor may deem necessary.
9. Maintenance of Easement Area. The Town shall be responsible, at its expense, for
maintaining the Easement Area in accordance with the purposes set forth herein, including
construction and maintenance of the boardwalk, removal of trash, waste and litter, and efforts to
control vandalism and other crimes within the Easement Area. Grantor shall have the right, but not
the obligation, to enter the Easement Area to remove litter, and beautify same in the event the Town
fails to perform such functions in a reasonable manner, subject to approval by the Town, which
approval will not be unreasonably withheld.
10. Indemnification of Grantor. To the fullest extent permitted by law, the Town shall
defend, indemnify and hold harmless Grantor, and Grantor's heirs, successors and assigns, from and
against all claims, demands, loss and damage by third parties arising out of or relating to use of the
Easement Area by the public, provided such claims do not result from the acts, negligence or willful
misconduct of Grantor or Grantor's heirs, successors or assigns.
IL . No Effect on Zonin Dg ensity. Grantor retains fee simple ownership of the title to the
Easement Area, subject to the rights granted to the Town herein, for the specific purpose of allowing
the land burdened by the Easement Area to be included in the calculation of zoning density for
building improvements permitted on Grantor's land abutting the Easement Area, as such density may
be allowed under current or future zoning ordinances.
12. Condition of Prol&M god Title. Grantor makes no representations or warranties
whatsoever, whether express or implied, with respect to the condition of or title to the Easement
Area, which property the Town agrees to accept, AS IS, in its present legal and physical condition.
13. Grantor's Right to Construct Public or Private Pier. Subject to permits and approvals
required from local, State and/or Federal agencies, Grantor, for itself or themselves and their
successors and assigns, reserves the right to construct, maintain, renovate and reconstruct, at
Grantor's sole cost and expense, a public or private pier from Grantor's other property adjoining the
Easement Area, connecting to the Town's boardwalk and extending beyond the Town's boardwalk
into the Currituck Sound, for the benefit of the -Grantor's land adjacent to the Easement Area, at such
locations and in such manner as may be approved by the Town in the exercise of the Town's
reasonable discretion, provided such public or private pier does not interfere with the use of the
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fill y>tiYVAIRINIMIC MM WNW-1 11111
Easement Area as set forth herein, and provided Grantor repairs any damage to the Easement Area
resulting from the construction, maintenance, renovation, reconstruction and use of such public or
private pier. The interconnection of Grantor's publ is or private pier with the Town's boardwalk steal l
be structurally independent from the Town's pier, such that any failure or lack of structural integrity
of Grantor's public or private pier shall not affect the structural integrity of the Town's boardwalk.
Likewise, the Town shall construct and maintain the Town's boardwalk so that it will be structurally
independent from any public or private pier constructed, owned or maintained by Grantor. To the
fullest extent permitted by law, Grantor shall defend, indemnify and hold harmless the Town, from
and against all claims, demands, loss and damage by Grantor, and Grantor's heirs, successors and
assigns, arising out of or relating to the interconnection of Grantor's private pier with the Town's
boardwalk, provided such claims do not result from the acts, negligence or willful misconduct of the
Town.
14. Grantor's Right to Limit Access to Private Pier. With regard to any private pier
owned by Grantor existing on the date of this Easement Agreement, or any private pier constructed
by Grantor into the Easement Area pursuant to the terms and conditions of this Easement Agreement,
Grantor, for itself or themselves and their successors and assigns, reserves the right to install and
maintain, at Grantor's sole cost and expense, a locked gate at the locations on the Town's boardwalk
which connect to Grantor's private pier to the Town's boardwalk within the Easement Area, as a way
to deter users of the Town's boardwalk from accessing Grantor's private pier, The parties understand
and agree that the existence of such locked gates shall serve solely as deterrence to members of the
public from trespassing onto Grantor's private pier, and such locked gates shall be no guarantee that
such trespassing will not occur.
15. Severability. Every provision of this Agreement is intended to be severable. If any
terra or provision hereof is illegal or invalid for any reason whatsoever, such illegality or invalidity
shall not affect the validity of the rernainder of this Agreement.
15, Suit Costs. In the event either party shall institute an action to enforce the provisions
of this Agreement, the party prevailing in such action, whether by adjudication, arbitration, or
settlement, shall be entitled to recover suit costs, including reasonable attorney's fees, from the other
party.
17, Applicable Law. This Agreement shall be construed and interpreted under the laws
of the State of North Carolina.
1$. Parties- This Agreement shall be binding upon and inure to the benefit of the parties
hereto and their respective heirs, successors and assigns. As used herein, words in singular include
the plural and the masculine includes the feminine and neuter genders, as appropriate-
19. Notices. Notices hereunder shall be effective and deemed given when deposited in
the United States Mails, postage prepaid, registered or certified mail with return receipt requesters.
Alternatively, the party may use a nationally recognized overnight delivery service. Notices shall
be addressed to each party at the mailing address shown on page l of this Easement Agreement or,
in the case of the Grantor or Grantor's heirs, successors or assigns, the billing address for the then-
owner of Grantor's property as shower in the flare County tax records. Any party may change the
-5-
8257813 8: 1818 P: 21 page 5 of 9 11/17!89 1:35 PM
address to which such notices are to be addressed by giving each other party notice in the manner
herein set forth.
20. Non-waiver. The waiver by either party hereto of a breach of any provision of this
Agreement shall not operate or be construed as a waiver of any subsequent breach of the same or any
other provision of this Agreement.
21. Counterparts. This Agreement may be executed in two or more counterparts, each
of which shall be deemed an original, but all of which together shall constitute but one and the same
instrument.
22. Headings. The headings, subheadings and captions in this Agreement and in any
exhibit hereto are for reference purposes only and shall not affect the meaning or interpretation of
this Agreement.
23. Entire Agreement. This Agreement contains the entire Agreement between the parties
hereto with respect to the subject matter hereof and supersedes all negotiations, prior discussions,
agreements, arrangements and understandings, written or oral, relating to the subject matter hereof.
24. Amendments. This Agreement may not be amended except by written instrument
duly executed by or on behalf of all of the parties hereto.
25. Other Provisions. Notwithstanding any other provision of his easement, Town
acknowledges and agrees that the construction, operation and maintenance of the boardwalk which
is the subject of this easement shall not interfere with or prohibit Grantor from establishing,
operating and maintaining a public boat access on its property that would allow members of the
public to by-launching- from a boat trailer from Grantor's property to the waters of the adjoining
sound. In the ovent Grantor e=blishes a public boat access within the Easement Arca, Grantor
agrees to make reasonable alterations or relocations to its boardwalk to accommodate Grantor's
public boat access. Such alterations or relocations of the boardwalk shall be at Grantor's sole cost
and expense.
(signatures begin on the following page)
-6-
5257813 a: 1818 P: 21 page 5 of 9 11/17109 1:35 PM
sill W?;,MMIJel?l'?l ,I h? 'II,P ?,l a ? l?M41Iill
IN WITNESS WHEREOF, the parties have executed this Easement Agreement the day and
year first above written.
GRANTOR.
County of Dare, North Carolina
(AFFIX SEAL) BY:
Warren Judge, Chan , Dare County Board of
Commissioners
ATTEST:
Katie Smith; erk to the bare County Board of
Commissioners
STATE OF Ptp Carj? COUNTY/CITY OF T)a,,
This theme clay of 004bb- , 20 before me, the undersigned Notary
Public in and for the aforesaid county and state, personally came Marren Judge, who, being by me
first duly sworn, deposes and says that he is the Chairman of the Dare County Board of
Commissioners, that the corporate seal affixed to the foregoing instrument is the corporate seal of
the County of Dare, that Katie Smith is the Clerk to the Board, and that said instrument was signed
and sealed by her in behalf of the Board by its authority duly and legally given, and the instrument
is the act and deed of the County of Dare.
.Date: 10-49- 09
r
S attire of Notary Public
E. WilliaMS
"Typed or printed name of Notary Public
ply commission expires: 1 .27 43
(AFM NOTARY SEAL)
%j%S4jjjjA.
?Sh
a
Od?
®ae ?
5267813 8: 1818 P: 21 Page 7 of 9 it/17/a9 i:a5 PM
1111 fri y lift, 41 Myl, VIO Ai 1111
TOWN:
TOWN OF DUCK, NORTH CAROLINA
BY: ALY
Neil Morrison, Mayor
ATTEST:
Lori Kopec, To s+n Clerk
NORTH CAROLINA
DARE COUNTY
rise mu(} , aNotary Public ofthe County of CV r r s },jd , and State
aforesaid, certify that Neil Morrison personally came before me this day and acknowledged that he
is Mayor of The Town of Duck, a North Carolina municipal corporation, and that by authority duty
given and as the act of the Town, the foregoing instrument was signed in its name by its Mayor,
sealed with its corporate seal and attested by Lori Kopec, its Town Clerk.
Witness my hand and official stamp or seal, this 'l,rV) day of 1\1 f),1 ? m 1Y-
20 01,
C? A P4
Signature of Notary Public
N,"bs', L-, Mo topaz
Typed or printed name of Notary Public
My commission expires: y naycjj t7l
(AFFIX NOTARY SEAT:,)
LC. PUg0
-8-
16267813 8: 1818 P: 21 Page 8 of 9 11/17/09 1:35 PM
Bill V h WMlRWONAIA V( RM.0 4 A III

6257813 B: 1818 P: 21 Page 9 of 9 11/17/09 1:35 PM
gill OTAIRIA IAMANOW, mYYWAOI.M.-i 11111

e 1#0 : 167
08/201202009 12:42 2 P PM DOC l d:
o £263581
DOC Code: ESMT Receipt #: 09-11528
Van2olia McMurran, Register Cf DeedsxcDise?
areTCO,pNC $0.00
6263581 8: 1810 P: 167 Page 1 of 9 8/20/69 12:42 PM
mill N, 11 14,110AN RIVI iC W IM *4 11111
Space Above This Line For Recording Data
EASEMENT
(Town of Duck Boardwalk Project)
(Co-Location With Existing Boardwalk Structures)
Prepared by and return to Robert B, Hobbs, Jr., Attorney
Hornthal, Riley, Ellis & Nialand, LLP
Post Office Box 3 10
Nags Head, NC 27959
Excise Tax: $-0- Tax Parcel:
Transfer Tart: $ C- LT !Number
NORTH CAROLINA
BARE COUNTY
THIS EASEMENT AGREEMENT is made and entered into as of the ? day of
0 14 20G0 J, by and among The Lucky Duck, L.L.C., a North Carolina limited liability
co any, whose mailing address is 5020 Martin's point .Road, Kitty Hawk, NC 27949, "Grantor";
and The Town of Huck, North Carolina, a North Carolina municipal corporation, PO Box 8359,
Duck, NC 27949, "Town",
WITNE,SSETH
WHEREAS, Grantor is/are the owner(s) of certain property located in Dare County, North
Carolina, which property is more particularly described on Exhibi L A attached hereto {the "Easement
Area"), and
WHEREAS, the Town is developing plans for a municipal boardwalk along, across and
adjacent to the Currituck Sound, for recreational, pedestrian and related public purposes, a portion
of whiw i is to be located in the Easement Area, and
WHEREAS, Grantor desires to grant to the 'Town a perpetual public easement over the
Easement Area for the uses and purposes set forth herein,
i
4,-
(AFFIX CORPORATE SEAS,)
ATTEST:
TOWN:
TOWN OF DUCK, NORTH CAROLINA
BY: ,
Neil Morrison, Mayor
vLori Kopec, Town Clerk
NORTH CAROLINA
DARE COUNTY
I, ?y?'?i6 S a Notary Public of the County of ,and State
aforesaid, certify that Neil Morrison personally came before me this clay and acknowledged that he
is i'vlayor of The Town of Duck, a North Carolina municipal corporation, and that by authority duly
,,iv-.n and as the act of the Torn, the foregoing instrument -,,vas signed in its narne by its Mayor,
sealed with its corporate seal and attested by Lori Kopec, its Town Clerlc.
Witness my hand and official stamp or seal, this 0 7 day of
201.
Si na u'r'e o i otary Public
Typed or printed name of Notary Public
1'vl y cor 'ssion expires:
(AF c
5263581 s: 1a10 P: 157 P39e 8 of 9 a120/95 t2:.42 i-.
mill ? ]IVA I IIM 14 '1 1 W IN 1 111,1 011 11111
C> u
F'1 ERS'RO$ERT.Clients'Town ot?ardwalk prcject'Duck bosudwa!k eatiements •vith ^O-iecatjon 200Q-05 10.wod
051-0 ?,
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B111 W, 11ip?1l J145JA 44,1444 0 NAI ARVIJ,1116N IIA sl ?l l

8: 1818 P: 22 floe 3sl: 6267814
11/17/2009 01:36 PM Receipt N: 09-15673
Doc Code: ESMT NCExcise Tax pd $0.00
Val,.11 MCMurran. Register of Deeds Dare C0 NC
6267814 B: 1818 P: 22 Page 1 of 9 11/17/09 1:36 PM
1111 F"IVV IPWIVIIAWLV1,MW14#111111
Space Abode This Line For Recording Data
EASEMENT
(Town of Duck Boardwalk Project)
Prepared by and return to Robert B. Hobbs, Jr., Attorney
Hornthal, Riley, Ellis & Maiand, LLF
Past Office Box 310
Nags Head, NC 27959
Excise Tax: $-0- Tax Parcel: 009815000
Transfer Tax: $-0- LT Number ?)""-7 [ '
NORTH CAROLINA
DARE COUNTY
THIS EASEMENT AGREEMENT is made and entered into as of the day of
20011 , by and among The County of Dare, North Carolina, whose trailing address is
PO Box 1000, Manteo, NC 27954, "Grantor"; and The Town of Duck, North Carolina, a North
Carolina municipal corporation, PG Box 8369, Duck, NC 27949, "'T'own";
WITNESSETH.
WHEREAS, Grantor is/are the owner(s) of certain property located in Dare County, North
Carolina, which property is more particularly described on Exhibit A attached hereto (tile "Easement
Area"); and
WHEREAS, the Town is developing plans for a municipal boardwalk along, across and
adjacent to the Currituck Sound, for recreational, pedestrian and related public purposes, a portion
of which is to be located in the Easement Area; and
WHEREAS, Crrantor desires to grant to the Town a perpetual public easement over the
Easement Area for the uses and purposes set forth herein.
NOW, THEREFORE, for and in consideration of the premises and the seam of One Dollar
(.`S 1.00) to it in hand paid, the receipt of which is hereby acknowledged, Grantor hereby gives and
grants to the Town a perpetual and permanent public right and easement over the Easement Area,
for the construction, maintenance and public use of a municipal boardwalk, all at the Town's sole
cost and expense, subject to annual budget appropriations or amendments thereto by the Town
Council of the Town, including but not limited to the right to maintain and make improvements to
the bank and bed of the Currituck Sound. The easement rights herein conveyed include an easement
in all rights and interests of Grantor in and to (1) the Easement Area, including but not limited to
surface, subsurface, riparian and air rights, and (2) any other easement areas located on property of
adjoining property owners and conveyed to the Town by such adjoining property owners as part of
the municipal boardwalk project, including but not limited to surface, subsurface, riparian and air
rights.
TO HAVE AND TO HOLD the aforesaid rights, privileges, and easement unto the Town,
its successors and assigns, for the purposes set forth herein.
GRANTOR AND THE TOWN, for themselves and their heirs, successors and assigns,
fiuther agree as follows:
1. Right to Construct Municipal Public Boardwalk. The Town shall have the right, but
not the obligation, to construct, maintain, operate, renovate, reconstruct, expand, contract, and
remove the municipal boardwalk and related improvements contemplated and authorized by this
Easement Agreement, all in the Town's sole and absolute discretion. If constructed, the municipal
boardwalk and related improvements will be constructed in accordance with the plans and
specifications as provided by the Town's engineers and architects.
1 Easement Area Description Modification or Clarification. The parties understand and
agree that the legal description of the Easement Area shown on the attached Exhibit A is prei iminary
and was prepared by the Town for the purpose of applying for permits and approvals to construct the
rnur cipai boardwalk. The parties understand and agree that after any approval and issuance of
permits and approvals for the construction of the municipal boardwalk, and after the necessary
survey and engineering work for the municipal boardwalk has been completed, modifications and/or
clarifications of the legal description of the Easement Area might be necessary. Grantor agrees to
cooperate with the Town by signing and delivering to the Town any reasonable amendment to this
Easement Agreement to effectuate any such non-substantial modification and/or clarification of the
legal description of the Easement Area which does not interfere with Grantor's current or future uses
of Grantor's property.. Grantor's attorney shall be the sole arbiter of what is or is not reasonable and
such determination shall be binding upon the parties.
3. Town's Right to Grant Easements. The Town shall have the right to grant easements
or rights-of-way across the Easement Area for utilities, public access and use rights incident to the
use of the Easement Area, or other public purposes consistent with the primary purposes sat forth
above.
4. Grantor's Right to Grant Easements.. Grantor, for itself or themselves and their
successors and assigns, reserves the right to gram easements or rights-of-way for underground
utilities within the Easement Area for the benefit of the Grantor's land adjacent to the Easement
Area, at such locations and in such manner as tray be approved by the Town in the exercise of the
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6267814 8: 1818 P; 22 Page 2 of 9 11/17/99 1:36 PM
2111 M MUWA M 10 h 11111
r - --
Town's reasonable discretion, provided such easements do not interfere with the use of the Easement
area as set forth herein and provided Grantor repairs any damage to the Easement Area resulting
from the implantation of such utilities.
5. Mules and Re ations. The Town shall have the sole right to promulgate rules and
regulations for the reasonable use of the Easement Area by the public, provided the Easement Area
is used for the purposes stated herein and provided such rules and regulations do not interfere with
Grantor's current or fixture uses of Grantor's property.
6. No Commercial or Private Use. Grantor acknowledges and agrees that grantor shall
not use any portion of the Easement Area for private, commercial or business use, which in any way
interferes with the public use of the municipal boardwalk, whether during or outside any regular
operating hours of the municipal boardwalk that may be established by the Town, including but not
limited to tables, chairs, bandstands, signs, or social or business functions. The Town shall have
the right to further regulate use of the Easement Area as provided herein. Notwithstanding the
forgoing, Grantor, upon notice to Town, may from time to time be required to temporarily close the
Easement Area and to remove improvements to the Easement Area to allow construction,
improvements, operations, maintenance and repairs to Grantor's property. In the event Grantor
deter-mries that Grantor needs to remove a portion of the boardwalk from the Easement Area to
accommodate Grantor's use of the Easement Area, the parties understand and agree that such
removal shall be temporary, and Grantor shall within a reasonable time reconstruct and reconnect
the boardwalk upon completion of Grantor's use of the Easement Area. The cost of removal and
reconstruction of the boardwalk consistent with the provisions of this Section 7 shall be at the sole
cost and expense of Grantor. Grantor agrees to confer with Town in advance of such work to discuss
the plans for such work prior to commencement, and to consider any reasonable recommendations
from the Town as to aspects of the work which affect the boardwalk. Grantor agrees to use
reasonable efforts to minimize the impact of Grantor's work on the boardwalk.
7. Further Easements for Construction and Maintenance, If reasonable access by the
Town to the Easement Area is otherwise unavailable, Grantor agrees to make reasonable efforts to
provide other access to the Easement Area across Grantor's adjoining property. The Grantor's
attorney shall be the sole arbiter of reasonableness and the determination of the Grantor's attorney
shall be binding upon the parties. To the extent that such easement access is provided, the Town
shall (a) to the extent possible, utilize existing roads for such purposes, (b) repair any damage
resulting from such access, (c) upon request of Grantor execute a supplemental instrument
delineating an appropriate access route to provide the agreed access, and (d) take such other
reasonable measures to protect Grantor's property as the Grantor may deem necessary.
8. Maintenance of Easement Area. The Town shall be responsible, at its expense, for
maintaining the Easement Area in accordance with the purposes set forth herein, including
construction and maintenance of the boardwalk, removal of trash, waste and latter, and efforts to
control vandalism and oilier crimes within the Easement Area. Grantor shall have the right, but not
the obligation, to enter the Easement Area to remove litter, and beautifij same in the event the Town
fails to perform such functions in a reasonable manner, subject to approval by the "Town, which
approval will not be unreasonably withheld.
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5267814 6: 1318 P 22 Page 3 of 9 11/17/99 1:36 PM
1111 I l YVAIPAWL&M ASH J+A *4 11111
9. Indemnification of Grantor. To the fullest extent permitted by law, the Town shall
defend, indemnify and hold harmless Grantor, and Grantor's heirs, successors and assigns, from and
against all claims, demands, loss and damage by third parties arising out of or relating to use of the
Easement Area by the public, provided such claims do not result from the acts, negligence or willful
misconduct of Grantor or Grantor's heirs, successors or assigns.
10. No Effect on Zoning _Density. Grantor retains fee simple ownership of the title to the
Easement Area, subject to the rights granted to the Town herein, for the specific purpose of allowing
the land burdened by the Easement Area to be included in the calculation of zoning density for
building improvements permitted on Grantor's land abutting the Easement Area, as such density may
be allowed under current or future zoning ordinances.
11. Condition of Property and Title. Grantor makes no representations or warranties
whatsoever, whether express or implied, with respect to the condition of or title to the Easement
Area, which property the Town agrees to accept, AS 1S, in its present legal and physical condition.
12. Grantor's Right to Construct Public or Private Pier. Subject to permits and approvals
required from local, State and/or Federal agencies, Grantor, for itself or themselves and their
successors and assigns, reserves the right to construct, maintain, renovate and reconstruct, at
Grantor's sole cost and expense, a public or private pier from Grantor's other property adjoining the
Easement Area, connecting to the Town's boardwalk and extending beyond the Town's boardwalk
into the Currituck Sound, for the benefit of the Grantor's land adjacent to the Easement Area, at such
locations and in such manner as may be approved by the Town in the exercise of the Town's
reasonable discretion, provided such public or private pier does not interfere with the use of the
Easement Area as set forth herein, and provided Grantor repairs any damage to the Easement Area
resulting from the construction, maintenance, renovation, reconstruction and use of such public or
private pier. The interconnection of Grantor's public or private pier with the Town's boardwalk shall
be structurally independent from the Town's pier, such that any failure or lack of structural integritj
of Grantor's public or private pier shall not affect the structural integrity of the Town's boardwalk.
Likewise, the Town shall construct and maintain the Town's boardwalk so that it will be structurally
independent from any public or private pier constructed, owned or maintained by Grantor. To the
fullest extent permitted by law, Grantor shall defend, indemnify and hold harmlessthe Town, from
and against all claims, demands, loss and damage by Grantor, and Grantor's heirs, successors and
assigns, arising out of or relating to the interconnection of Grantor's private pier with the Town's
boardwalk, provided such claims do not result from the acts, negligence or willful misconduct of the
Town.
13. Grantor's bight to Limit Access to Private Pier. With regard to any private pier
owned by Grantor existing on the date of this Easement Agreement, or any private pier constructed
by Grantor into the Easement Area pursuant to the terms and conditions of this Easement Agreement,
Grantor, for itself or themselves and their successors and assigns, reserves the right to install and
maintain, at Grantor's sole cost and expense, a locked gate at the locations on the Town's boardwalk
which connect to Grantor's private pier to the Town's boardwalk within the Easement Area, as a way
to deter users of the Town's boardwalk from accessing Grantor's private pier. The parties understand
and agree that the existence of such locked gates shall serve solely as deterrence to members of the
-4-
6267814 S: 1813 P: 22 Page 4 of 9 11/17/09 1:35 PM
1111 'lW4111WKWU IMLIMIMMA4.M-A 21111
public from trespassing onto Grantor's private pier, and such locked gates shall be no guarantee that
such trespassing will not occur.
14. Severability. Every provision of this Agreement is intended to be severable. If any
term or provision hereof is illegal or invalid for any reason whatsoever, such illegality or invalidity
shall not affect the validity of the remainder of this Agreement.
15. Suit Costs. In the event either party shall institute an action to enforce the provisions
of this Agreement, the party prevailing in such action, whether by adjudication, arbitration, or
settlement, shall be entitled to recover suit costs, including reasonable attorney's fees, from the other
party.
16. Applicable Law. This Agreement shall be construed and interpreted under the laws
of the State of North Carolina.
17. Parties. This Agreement shall be binding upon and inure to the benefit of the parties
hereto and their respective heirs, successors and assigns. As used herein, words in singular include
the plural and the masculine includes the feminine and neuter genders, as appropriate.
18, Notices. Notices hereunder shall be effective and deemed given when deposited in
the United States Mails, postage prepaid, registered or certified mail with return receipt requested.
Alternatively, the party may use a nationally recognized overnight delivery service. Notices shall
be addressed to each party at the mailing address shown on page 1 of this Easement Agreement or,
in the case of the Grantor or Grantor's heirs, successors or assigns, the billing address for the then-
owner of Grantor's property as shown in the Dare County tax records. Any party may change the
address to which such notices are to be addressed by giving each other party notice in the manner
herein set forth.
19, Non-waiver. The waiver by either party hereto of a breach of any provision of this
Agreement shall not operate or be construed as a waiver of any subsequent breach of the same or any
other provision of this Agreement.
20. Counterparts. This Agreement may be executed in two or more counterparts, each
of which shalt be deemed an original, but all of which together shall constitute but one and the same
instrument.
21. Headings. The headings, subheadings and captions in this Agreement and in any
exhibit hereto are for reference purposes only and shall not affect the meaning or interpretation of
this Agreement.
22. Entire Agreement. This Agreement contains the entire Agreement between the parties
hereto with respect to the subject matter hereof and supersedes all negotiations, prior discussions,
agreements, arrangements and understandings, written or oral, relating to the subject matter hereof.
21 Amendments. This Agreement may not be amended except by fvritten instniment
duly executed by or on behalf of all of the parties hereto.
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62578'14 8; 1818 P: 22 Page S of a 11/17/03 1:36 pM
fill AW71 41 11111
IN WITNESS WHEREOF, the parties have executed this Easement Agreement the day and
year first above written.
(signatures begin on the following page)
_6-
6267814 S: 1816 P; 22 Page 6 cf 9 11/77/99 1:36 PM
Bill OYMIA IAM V0 MO&A 11111
GRANTOR:
The County of Dare, North Carolina
(AFFIX SEAL) BY: 'ty/Vt '`'?-L 'sJ P
Warren J e, hairnnan, bare County Board of
C594neL-) ICa e S m th, Clerk to the Dare County Board of
Co issioners
STATE OF N04 ea t:K? h no- , CO NTY/CITY OF Z)are..
This the day of QO r- 20047 before me, the undersigned Notary
Public in and for the aforesaid county and state, personally carne Marren Judge, who, being by me
first duly sworn, deposes and says that he is the Chairman of the Bare County Board of
Commissioners, that the corporate seal affixed to the foregoing instrument is the corporate seal of
the County of flare, that Katie Smith is the Clerk to the Board, and that said instrument was signed
and sealed by her in behalf of the Board by its authority duly and legally given, and the instrument
is the act and deed of the County of Bare.
Date: dj- ?- fl9
afore of Notary Public
X,0(1 I Cz & ; H l Q
Typed or printed name of Notary Public
My commission expires;
(AFFIX NOTARY SEAL)
o lac'
A
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TOWN:
TOWN OF DUCK, NORTH CAROLINA
BY:
Neil Morrison, Mayor
ATTEST:
+a
ri Kopec, To Clerk
NORTH CAROLINA
DARE COUNTY
I, Phr,shi L MQXWOj aNotary Public ofthe County of Cvrr,'?vLk- andState
aforesaid, certify that Neil Morrison personally came before me this day and acknowledged that he
is Mayor of The Town of Duck, a North Carolina municipal corporation, and that by authority duly
given and as the act of the Town, the foregoing instrument was signed in its name by its Mayor,
sealed with its corporate seat and attested by Lori Kopec, its Town Clerk.
ff11 q(? Witness my hand and official stamp or seal, this day of Pi nyotn
LV !t -5 .
"-Itz? A
Signature of Notary Public
Typed or printed name of Notary Public
My commission expires: P?) cLy t/k 1 , '?L 014
,tk+oTARY
PUBLIC
.g_
6267814 9: i3i8 P: 22 Page S of 9 ti/17/89 1:36 9M
1111 Jr, 11 411aRi 1144 M MM4 31111
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1111 l IMMKI P,ki 11111
i r--,

8: 1812 P;
09/151200 0.566OM Doc Id: 6264843
Doc Code ESMT Receipt #: 09_12785
vanzolia McMurran. Register of Deedsxci3e Tax,-
$0,00
Dare co ?16
Space Above This Line For Recording Data
EASEXIENT
(Town of Luck Boardwalk Project)
(Co-Location With Existing Boardwalk Structures)
Prepared by and return to Robert B. Hobbs, Jr., Attorney
Hornthal, Riley, Fllis & Maland, LLP
Post Office Box 310
Tags Head, NC 27959
Excise Tax: $-0- Tax Parcel: 009812000
Transfer Tax: $-0- LT Number U /N C;
NORTH CAROLINA
DARECOUNTY
THIS EASEMENT AGREEMENT is made and entered into as of the 15 Ch day of
September, 200 9, by and among Allis Holdings, L,,L..C., a Virginia limited liability company,
whose mailing address is PO Box 1544, Virginia Beach, VA 23451, "Grantor"; and The Town of
Buck, North Carolina, a North Carolina municipal corporation, PO Box 8369, luck, NC 27949,
"Town";
WITNESSETI l:
WHEREAS, Grantor is/are the owner(s) of certain property located in Dare County, North
Carolina, which property is more particularly described on Exhibit A attached hereto (the "Easement
Area"); and
WHEREAS, the Town is developing plans for a municipal boardwalk along, across and
adjacent to the Currituck Sound, for recreational, pedestrian and related public purposes, a portion
of which is to be located in the Easement Area; and
WHEREAS, Grantor desires to grant to the Town a pf?rpetual public easernent over the
Easement Area for the uses and purposes set forth herein,
6256863 3: 1312 P: 269 P396 1 of 9 8I16l09 9:36 s?r1
?I4
11111 F, 11r3I1PY'S1ViYtUC6I iiNAAM 411
NOW, THEREFORE, for and in consideration of the premises and the sum of One Dollar
($1.00) to it in hand paid, the receipt of which is hereby acknowledged, Grantor hereby gives and
grants to the Town a nonexclusive, perpetual and permanent public right and easement over the
Easement Area, for the construction, maintenance and public use of a municipal boardwalk, all at
the Town's sole cost and expense, subject to annual budget appropriations or amendments thereto
by the Town Council of the Town, including but not limited to the right to maintain and make
improvements to the bank and bed of the Currituck Sound. The easement rights herein conveyed
include a nonexclusive easement in all rights and interests of Grantor in and to (1) the Easement
Area, including but not limited to surface, subsurface, riparian and air rights, and (2) any other
easement areas located on property of adjoining property owners and conveyed to the Town by such
adjoining property owners as part of the municipal boardwalk project, including but not limited to
surface, subsurface, riparian and air rights.
TO HAVE AND TO HOLD the aforesaid rights, privileges, and easement unto the 't'own,
its successors and assigns, for the purposes set forth herein.
GRANTOR AND THE TOWN, for themselves and their heirs, successors and assigns,
further agree as follows:
I . Right to Construct Municipal Public Boardwalk. The Town shall have the right, but
not the obligation, to construct, maintain, operate, renovate, reconstruct, expand (within the
Easement Area), contract, and remove the municipal boardwalk and related improvements
contemplated and authorized by this Easement Agreement, all in the Town's sole and absolute
discretion. If constructed, the municipal boardwalk and related improvements will be constructed
in accordance with the plans and specifications as provided by the Town's engineers and architects.
2. Town's Right to Interconnect with Grantor's Existirilz improvements, The Easement
Area includes existing improvements ("Grantor's Interconnected Improvements") owned and
maintained by Grantor such as boardwalks and sidewalks. Grantor hereby grants to the Town the
perpetual right and easement to interconnect the Town's municipal boardwalk with Grantor's
Interconnected Improvements. Once Grantor's Interconnected Improvements are interconnected with
the Town's municipal boardwalk, Grantor agrees that Grantor's Interconnected Improvements shall
be open and unobstructed for use by the public and by the Town in perpetuity as part of the Town's
municipal boardwalk. Grantor shall not exclude any members of the public or the Town from using
the Grantor's Interconnected Improvements as part of the municipal boardwalk. Notwithstanding
the foregoing, however, Grantor shall have the right to request or exclude a member of the public
who is disruptive, dangerous, or who is otherwise interfering with the enjoyment of the boardwalk
and/or Grantor's business, and Grantor reserves the right to contact Town's law enforcement for
assistance to remove such a person from the premises. Grantor shall maintain the Grantor's
Interconnected Improvements in good and safe condition at all times for as long as the municipal
boardwalk is interconnected to the Grantor's Interconnected Improvements. Grantor shall remain
solely liable and responsible for all aspects of the Grantor's Interconnected improvements, including
but not limited to the upkeep, maintenance, repair, replacement, liability insurance, property taxes,
and all costs associated with the same. To the fullest extent permitted by law, Grantor shall defend,
indemnify and hold harmless the Town, from and against all claims, demands, loss and damage by
Grantor, and Grantor's heirs, successors and assigns, arising out of or relating to the interconnection
8284843 S: 1812 P: 259 Page 2 of 9 8/18/08 9:58 Aft
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of Grantor's Interconnected Improvements with the Town's boardwalk, provided such claims do not
result from the acts, negligence or willful misconduct of the Town, its successors or assigns.
3. Easement Area Description Modification or Clarification. The parties understand and
agree that the legal description of the Easement Area shown on the attached Exhibit A is preliminary
and was prepared by the Town for the purpose of applying for permits and approvals to construct the
municipal boardwalk. The parties understand and agree that after any approval and issuance of
permits and approvals for the construction of the municipal boardwalk, and after the necessary
survey and engineering work for the municipal boardwalk has been completed, modifications and/or
clarifications of the legal description of the Easement Area might be necessary. Grantor agrees to
cooperate with the Town by signing and delivering to the Town any reasonable amendment to this
Easement Agreement to effectuate any such non-substantial modification and/or clarification of the
legal description of the Easement Area.
4. Towns Eight to Grant Easements. The Town shall have the right to grant easements
or rights-of-way across the Easement Area for utilities, public access and use rights incident to the
use of the Easement Area, or other public purposes consistent with the primary purposes set forth
above.
5. Grantor's Right to Grant Easements. Grantor, for itself or themselves and their
successors and assigns, reserves the right to grant easements or rights-of-way for underground
utilities within the Easement Area for the benefit of the Grantor's land adjacent to the Easement
Area, at such locations and in such manner as may be approved by the Town in the exercise of the
`T'own's reasonable discretion, provided such easements do not interfere with the use of the Easement
area as set forth herein and provided Grantor repairs any damage to the Easement Area resulting
from the implantation of such utilities.
5. Rules and Regulations. The Town shall have the sole right to promulgate rules and
regulations for the reasonable use of the Easement Area by the public, provided the Easement Area
is used for the purposes stated herein.
7. No Commercial or Private Use. Grantor acknowledges and agrees that Grantor shall
not use any portion of the Easement Area for private, commercial or business use, which in any way
interferes with the public use of the municipal boardwalk, whether during or outside any regular
operating hours of the municipal boardwalk that may be established by the Town, including but not
limited to tables, chairs, bandstands, signs, or social or business functions. The Town shall have
the right to further regulate all aspects of use of the Easement Area as provided herein.
8. Further Easements for Construction and Maintenance. If reasonable access by the
Town to the Easement Area is otherwise unavailable, Grantor further grants to the Town reasonable
access from time to time to the Easement Area over any remaining contiguous property owned by
Grantor for the purpose of developing, constructing, reconstructing, replacing and maintaining the
municipal boardwalk located or to be located within the Easement Area (but not for access by the
general public) for the purposes set forth herein; provided, the Town shall (a) to the extent possible,
utilize existing roads for such purposes, (b) repair any damage resulting from such access, and (c)
5264843 9: 1312 P: 289 Pagq 3 of 9 9J1?/0? 9:3b Art
upon request of Grantor execute a supplemental instrument delineating an appropriate access route
to provide the agreed access.
9. Maintenance of Easement Area. The Town shall be responsible, at its expense, for
maintaining the Easement Area in accordance with the purposes set forth herein, including
construction and maintenance of the boardwalk, removal of trash, waste and litter, and efforts to
control vandalism and other crimes within the Easement Area. Grantor shall have the right, but not
the obligation, to enter the Easement Area to remove litter, and beautify same in the event the Town
fails to perform such functions in a reasonable manner, subject to approval by the Town, which
approval will not be unreasonably withheld.
10. Indemnification of Grantor. To the fullest extent permitted by law, the Town shall
defend, indemnify and hold harmless Grantor, and Grantor's heirs, successors and assigns, from and
against all claims, demands, loss and damage, whether caused by the Town or by third parties,
arising out of or relating to use of the Easement Area by the public, provided such claims do not
result from the acts, negligence or willful misconduct of Grantor or Grantor's heirs, successors or
assigns.
11. No Effect on Zoning Density. Grantor retains fee simple ownership of the title to the
Easement Area, subject to the rights granted to the Town herein, for the specific purpose of allowing
the land burdened by the Easement Area to be included in the calculation of zoning density for
building improvements permitted on Grantor's land abutting the Easement Area, as such density may
be allowed under current or future zoning ordinances.
12. Condition of Property and Title. Grantor makes no representations or warranties
whatsoever, whether express or implied, with respect to the condition of or title to the Easement
Area, which property the Town agrees to accept, AS IS, in its present legal and physical condition.
13. Grantor's Right to Construct Public or Private Fier. Subject to permits and approvals
required from local, State and/or Federal agencies, Grantor, for itself or themselves and their
successors and assigns, reserves the right to construct, maintain, renovate and reconstruct, at
Grantor's sole cost and expense, a public or private pier from Grantor's other property adjoining the
Easement Area, connecting to the Town's boardwalk and extending beyond the Town's boardwalk
into the Currituck Sound, for the benefit of the Grantor's land adjacent to the Easement Area, at such
locations and in such manner as may be approved by the Town in the exercise of the Town's
reasonable discretion, provided such public or private pier does not interfere with the use of the
Easement Area as set forth herein, and provided Grantor repairs any damage to the Easement Area
resulting from the construction, maintenance, renovation, reconstruction and use of such public or
private pier. The interconnection of Grantor's public or private pier with the Town's boardwalk shall
be structurally independent from the Town's pier, such that any failure or lack of structural integrity
of Grantor's public or private pier shall not affect the structural integrity of the Towns boardwalk.
Likewise, the Town shall construct and maintain the Towns boardwalk so that it will be structurally
independent from any public or private pier constructed, owned or maintained by Grantor. To the
fullest extent permitted by law, Grantor shall defend, indemnify and hold harmless the Town, from
and against all claims, demands, loss and damage by Grantor, and Grantor's heirs, successors and
assigns, arising out of or relating to the interconnection of Grantor's private pier with the Town's
5254813 9•. 1512 A: 259 Page 4 of 9 9/15/09 9:54 AM
11111IIP-iI ,FAIATiNAM INKA-4,114 11111
boardwalk, provided such claims do not result from the acts, negligence or willful misconduct of the
"Town.
14. Grantor's ivht to Limit Access to Private Pier. With regard to any private pier
owned by Grantor existing on the date of this Easement Agreement, or any private pier constructed
by Grantor into the Easement Area pursuant to the terms and conditions of this Easement Agreement,
Grantor, for itself or themselves and their successors and assigns, reserves the right to install and
maintain, at Grantor's sole cost and expense, a locked gate at the locations on the Town's boardwalk
which connect to Grantor's private pier to the Town's boardwalk within the Easement Area, as a way
to deter users of the Town's boardwalk from accessing Grantor's private pier. The parties understand
and agree that the existence of such locked gates shall serve solely as a deterrence to members of the
public from trespassing onto Grantor's private pier, and such locked gates shall be no guarantee that
such trespassing will not occur.
15. Severability. Every provision of this Agreement is intended to be severable. If any
terra or provision hereof is illegal or invalid for any reason whatsoever, such illegality or invalidity
shall not affect the validity of the remainder of this Agreement.
16. Suit Costs. In the event either party shall institute an action to enforce the provisions
of this Agreement, the party prevailing in such action, whether by adjudication, arbitration, or
settlement, shalt be entitled to recover suit costs, including reasonable attorney's fees, from the other
party.
17. Applicable Law. This Agreement shall be construed and interpreted tinder the laws
of the State of North Carolina.
18. Parties. This Agreement shall be binding upon and inure to the benefit of the parties
hereto and their respective heirs, successors and assigns. As used herein, words in singular include
the plural and the masculine includes the feminine and neuter genders, as appropriate.
19. Notices. Notices hereunder shall be effective and deemed given when deposited in
the United States Mails, postage prepaid, registered or certified mail with return receipt requested..
Alternatively, the party may use a nationally recognized overnight delivery service. Notices shall
be addressed to each party at the mailing address shown on page 1 of this Easement Agreement or,
in the case of the Grantor or Grantor's heirs, successors or assigns, the billing address for the then-
owner of Grantor's property as shown in the Dare County tax records. Any party may change the
address to which such notices are to be addressed by giving each other party notice in the manner
herein set forth.
20. Dion-waiver. The waiver by either party hereto of a breach of any provision of this
Agreement shall not operate or be construed as a waiver of any subsequent breach of the same or any
other provision of this Agreement.
21, Counterparts. This Agreement may be executed in two or more counterparts, each
of which shall be deemed an original, but all of which together shall consiltuic but one and the same:
instrument.
52Sr4a43 8: 1312 P: 25a Page 5 of a 9!t'S/" 9:36 AM -5-
1111 ? ? r?.'411111
22. HeadinLys. The headings, subheadings and captions in this Agreement and in any
exhibit hereto are for reference purposes only and shall not affect the meaning or interpretation of
this Agreement.
23. Entire Agreement. This Agreement contains the entire Agreement between the parties
hereto with respect to the subject matter hereof and supersedes all negotiations, prior discussions,
agreements, arrangements and understandings, written or oral, relating to the subject matter hereof.
24. Amendments. This Agreement may not be amended except by written instrument
duly executed by or on behalf of all of the parties hereto.
(signatures begin on the following page)
6254843 B 1812 P; ?? 3i'?lN-1w
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-6-
GRANTOR:
Allis Holdings, L.L.C., a Virginia limited liability company
BY: (SEAL,)
Manager
u?
STATE OF COUNTY/CrrY OF
I certify that the following person(s) personally appeared before me this day, each
acicnow/ledging to me that he or she or they volunt2aEr?y signed the foregoing document for the
purpose stated therein and in the capacity indicated: JLwe^r 1 s ?-" ?aA te- Manager
of Adis Holdings, L.L.C., a Virginia limited liability company.
Date: ?? -? ....,..,
Signature of Not ubl c {
'OFFICIAL SEAL'
NGI ARY FLUNG, NORTH ICARCi7NA
COUNTY OF DARE
MY ES
COMMISSION IOEXPIRES
Typed or printed name of Notary Public
My commission expires:
10.5 -6-tuq
(AFFD( NOTARY SEAL)
6254813 3: 1313 ;. 263 page 7 of 9 9/15/'95 9:55 j4M
sill I'? TIIIA' ' i MI,i"JI4M" A1411111
-"7-
?? N f TOWN:
ti 01A TOWN OF DUCK, NORTH CAROLINA
0.- E } BY:
Neil Morrison, Mayor
ATTEST.
ri opec, Town Clerk
NORTH CAROLINA
DARE COUNTY
1, ??FiEf/ S • a Notary Public of the County of and State
aforesaid, certify that Neil Morrison personally carne before me this day and acknowledged that he
is Mayor of The Town of Duck, a North Carolina municipal corporation, and that by authority duly
given and as the act of the Town, the foregoing instrument was signed in its name by its Mayor,
sealed with its corporate seal and attested by Lori Kopec, its Town Clerk.
Witness my hand and official stamp or seal, this -0 day of
4?? IL?2' C?-
Signature, of otary Public -
Typed or printed name of Notary Public
t Mires: a.r
I /I 203
.?? M NOTAR )
0 A)%) ,
SERS1ROBERIICiiemst? ?f Duck',Boardwalk project'Duck boardwalk easement - Allis Holdings - 2()G9-0'1.29 wpd
PM 1024
-8-8 Of 9 9/15/99 9:56 AM
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B: 1824 P: 32 Doc Id: 6270877
01/28/2010 03:29 PM Receipt #: 10-0970
Doc Code: ESMT NCExcise Tax pd: $0.00
Vanzolla McMurran, Register of Deeds Dare CO, NC
h:
6270877 6: 1824 P: 32 Page 1 of 8 1/28/10 3:29 PM
Bill 11%IT111VIAlivilo'W11A144VIN14XM"i 11111
Space Above This Line For Recording Data
EASEMENT
(Town of Duck Boardwalk Project)
Prepared by and return to Robert B. Hobbs, Jr., Attorney
Homthal, Riley, Ellis & Maland, LLP
Post Office Box 310
Nags Head, NC 27959
Excise Tax: $-0-
Transfer Tax: $-0-
Tax Parcel: Portion of 009812000 (easement)
LT Number l4' A
NORTH CAROLINA
DARE COUNTY
THIS EASEMENT AGREEMENT is made and entered: of the day of
J 444/.' i `?/ 20VO by and among Saltaire Property Owners Association, whose mailing address
is c/o Tim Hawes, President, 2471 Iron Forge Road, Oak Hill, VA 20171, "Grantor"; and The Town
of Duck, North Carolina, a North Carolina municipal corporation, PO Box 8369, Duck, NC 27949,
"Town";
WITNESSETH:
WHEREAS, Grantor is the holder of a nonexclusive easement on certain property located
in Dare County, North Carolina, which property is more particularly described on Exhibit A attached
hereto (the "Easement Area"); and
WHEREAS, the Town is developing plans for a municipal boardwalk along, across and
adjacent to the Currituck Sound, for recreational, pedestrian and related public purposes, a portion
of which is to be located in the Easement Area; and
WHEREAS, Grantor desires to grant to the Town a perpetual public nonexclusive easement
over the Easement Area for the uses and purposes set forth herein.
NOW, THEREFORE, for and in consideration of the premises and the sum of One Dollar
($1.00) to it in hand paid, the receipt of which is hereby acknowledged, Grantor hereby gives and
-1-
4
grants to the Town a nonexclusive, perpetual and permanent public right and easement over the
Easement Area, for the construction, maintenance and public use of a municipal boardwalk, all at
the Town's sole cost and expense, subject to annual budget appropriations or amendments thereto
by the Town Council of the Town, including but not limited to the right to maintain and make
improvements to the bank and bed of the Currituck Sound. The easement rights herein conveyed
include an easement in all rights and interests of Grantor in and to (1) the Easement Area, including
but not limited to surface, subsurface, riparian and air rights, and (2) any other easement areas
located on property of adjoining property owners and conveyed to the Town by such adjoining
property owners as part of the municipal boardwalk project, including but not limited to surface,
subsurface, riparian and air rights.
TO HAVE AND TO HOLD the aforesaid rights, privileges, and easement unto the Town,
its successors and assigns, for the purposes set forth herein.
GRANTOR AND THE TOWN, for themselves and their heirs, successors and assigns,
further agree as follows:
1. Right to Construct Municipal Public Boardwalk. The Town shall have the right, but
not the obligation, to construct, maintain, operate, renovate, reconstruct, expand, contract, and
remove the municipal boardwalk and related improvements contemplated and authorized by this
Easement Agreement, all in the Town's sole and absolute discretion. If constructed, the municipal
boardwalk and related improvements will be constructed in accordance with the plans and
specifications as provided by the Town's engineers and architects. The boardwalk shall be
constructed at an elevation sufficient to allow Grantor's members to access the Currituck Sound
across Grantor's easement for the use of kayaks, canoes and similar watercraft.
2. Easement Area Description Modification or Clarification. The parties understand
and agree that the legal description of the Easement Area shown on the attached Exhibit A is
preliminary and was prepared by the Town for the purpose of applying for permits and approvals
to construct the municipal boardwalk. The parties understand and agree that after any approval and
issuance of permits and approvals for the construction of the municipal boardwalk, and after the
necessary survey and engineering work for the municipal boardwalk has been completed,
modifications and/or clarifications of the legal description ofthe Easement Area might be necessary.
Grantor agrees to cooperate with the Town by signing and delivering to the Town any reasonable
amendment to this Easement Agreement to effectuate any such non-substantial modification and/or
clarification of the legal description of the Easement Area.
3. Town's Right to Grant Easements. The Town shall have the right to grant easements
or rights-of-way across the Easement Area for utilities, public access and use rights incident to the
use of the Easement Area, or other public purposes consistent with the primary purposes set forth
above.
4. Grantor's Right to Grant Easements. Grantor, for itself or themselves and their
successors and assigns, reserves the right to grant easements or rights-of-way for underground
utilities within the Easement Area for the benefit of the Grantor's land adjacent to the Easement
Area, at such locations and in such manner as may be approved by the Town in the exercise of the
Town's reasonable discretion, provided such easements do not interfere with the use ofthe Easement
-2-
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mill Irl IT 111101011¦Y1' 141 KM MUZ W01111111
area as set forth herein and provided Grantor repairs any damage to the Easement Area resulting
from the implantation of such utilities.
5. Rules and Regulations. The Town shall have the sole right to promulgate rules and
regulations for the reasonable use of the Easement Area by the public, provided the Easement Area
is used for the purposes stated herein.
6. No Commercial or Private Use. Grantor acknowledges and agrees that Grantor shall
not use any portion of the Easement Area for private, commercial or business use, which in any way
interferes with the public use of the municipal boardwalk, whether during or outside any regular
operating hours of the municipal boardwalk that may be established by the Town, including but not
limited to tables, chairs, bandstands, signs, or social or business functions. The Town shall have
the right to further regulate all aspects of use of the Easement Area as provided herein.
7. Further Easements for Construction and Maintenance. If reasonable access by the
Town to the Easement Area is otherwise unavailable, Grantor further grants to the Town reasonable
access from time to time to the Easement Area over any remaining contiguous property owned by
Grantor for the purpose of developing, constructing, reconstructing, replacing and maintaining the
municipal boardwalk located or to be located within the Easement Area (but not for access by the
general public) for the purposes set forth herein; provided, the Town shall (a) to the extent possible,
utilize existing roads for such purposes, (b) repair any damage resulting from such access, and (c)
upon request of Grantor execute a supplemental instrument delineating an appropriate access route
to provide the agreed access.
8. Maintenance of Easement Area. The Town shall be responsible, at its expense, for
maintaining the Easement Area in accordance with the purposes set forth herein, including
construction and maintenance of the boardwalk, removal of trash, waste and litter, and efforts to
control vandalism and other crimes within the Easement Area. Grantor shall have the right, but not
the obligation, to enter the Easement Area to remove litter, and beautify same in the event the Town
fails to perform such functions in a reasonable manner, subject to approval by the Town, which
approval will not be unreasonably withheld.
9. Indemnification of Grantor. To the fullest extent permitted by law, the Town shall
defend, indemnify and hold harmless Grantor, and Grantor's heirs, successors and assigns, from and
against all claims, demands, loss and damage by third parties arising out of or relating to use of the
Easement Area by the public, provided such claims do not result from the acts, negligence or willful
misconduct of Grantor or Grantor's heirs, successors or assigns.
10. No Effect on Zoning Density. Grantor retains fee simple ownership of the title to the
Easement Area, subject to the rights granted to the Town herein, for the specific purpose of allowing
the land burdened by the Easement Area to be included in the calculation of zoning density for
building improvements permitted on Grantor's land abutting the Easement Area, as such density may
be allowed under current or future zoning ordinances.
It. Condition of Property and Title. Grantor makes no representations or warranties
whatsoever, whether express or implied, with respect to the condition of or title to the Easement
Area, which property the Town agrees to accept, AS IS, in its present legal and physical condition.
-3-
6270877 a: 1824 P: 32 Page 3 of 8 1/28/10 3:29 PM
mill EPA IT IF6410y'Mwi W11 Mt V INZ *1WI 411111
12. Grantor's Right to Construct Pier Wallcwav and Decks.. Subject to permits and
approvals required from local, State and/or Federal agencies, Grantor, for itself or themselves and
their successors and assigns, reserves the right to construct, maintain, renovate and reconstruct, at
Grantor's sole cost and expense, private piers, walkways and/or decks from Grantor's other property
adjoining the Easement Area, connecting to the Town's boardwalk if necessary, and extending
beyond the Town's boardwalk into the Currituck Sound, if applicable, for the benefit of the Grantor's
land or easement adjacent to the Easement Area. If Grantor desires to construct any such pier,
walkway or deck within the Easement Area, the Town must approve the locations and manner of
such improvements within the Easement Area in the exercise of the Town's reasonable discretion,
provided such pier, walkway and/or deck does not interfere with the use of the Easement Area as
set forth herein, and provided Grantor repairs any damage to the Easement Area resulting from the
construction, maintenance, renovation, reconstruction and use of such public or private pier,
walkway and/or deck. Any interconnection of Grantor's pier, walkway and/or deck with the Town's
boardwalk shall be structurally independent from the Town's boardwalk, such that any failure or lack
of structural integrity of Grantor's pier, walkway and/or decks shall not affect the structural integrity
of the Town's boardwalk. Likewise, the Town shall construct and maintain the Town's boardwalk
so that it will be structurally independent from any pier, walkway and/or deck constructed, owned
or maintained by Grantor. To the fullest extent permitted by law, Grantor shall defend, indemnify
and hold harmless the Town, from and against all claims, demands, loss and damage by Grantor, and
Grantor's heirs, successors and assigns, arising out of or relating to the interconnection of Grantor's
pier, walkway and/or deck with the Town's boardwalk, provided such claims do not result from the
acts, negligence or willful misconduct of the Town.
13. Grantor's Right to Limit Access to Private Pier. With regard to any private pier
owned by Grantor existing on the date of this Easement Agreement, or any private pier constructed
by Grantor into the Easement Area pursuant to the terms and conditions of this Easement
Agreement, Grantor, for itself or themselves and their successors and assigns, reserves the right to
install and maintain, at Grantor's sole cost and expense, a locked gate at the locations on the Town's
boardwalk which connect to Grantor's private pier to the Town's boardwalk within the Easement
Area, as a way to deter users of the Town's boardwalk from accessing Grantor's private pier. The
parties understand and agree that the existence of such locked gates shall serve solely as a deterrence
to members of the public from trespassing onto Grantor's private pier, and such locked gates shall
be no guarantee that such trespassing will not occur.
14. Severability. Every provision of this Agreement is intended to be severable. If any
term or provision hereof is illegal or invalid for any reason whatsoever, such illegality or invalidity
shall not affect the validity of the remainder of this Agreement.
15. Suit Costs. In the event either party shall institute an action to enforce the provisions
of this Agreement, the party prevailing in such action, whether by adjudication, arbitration, or
settlement, shall be entitled to recover suit costs, including reasonable attorney's fees, from the other
party.
lb. Applicable Law. This Agreement shall be construed and interpreted under the laws
of the State of North Carolina.
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mill INIKI01III"l 11111
17. Parties. This Agreement shall be binding upon and inure to the benefit of the parties
hereto and their respective heirs, successors and assigns. As used herein, words in singular include
the plural and the masculine includes the feminine and neuter genders, as appropriate.
18. Notices. Notices hereunder shall be effective and deemed given when deposited in
the United States Mails, postage prepaid, registered or certified mail with return receipt requested.
Alternatively, the parry may use a nationally recognized overnight delivery service. Notices shall
be addressed to each party at the mailing address shown on page 1 of this Easement Agreement or,
in the case of the Grantor or Grantor's heirs, successors or assigns, the billing address for the then-
owner of Grantor's property as shown in the Dare County tax records. Any parry may change the
address to which such notices are to be addressed by giving each other parry notice in the manner
herein set forth.
19. Non-waiver. The waiver by either party hereto of a breach of any provision of this
Agreement shall not operate or be construed as a waiver of any subsequent breach of the same or
any other provision of this Agreement.
20. Counterparts. This Agreement may be executed in two or more counterparts, each
of which shall be deemed an original, but all of which together shall constitute but one and the same
instrument.
21. Headings. The headings, subheadings and captions in this Agreement and in any
exhibit hereto are for reference purposes only and shall not affect the meaning or interpretation of
this Agreement.
22. Entire Agreement. This Agreement contains the entire Agreement between the
parties hereto with respect to the subject matter hereof and supersedes all negotiations, prior
discussions, agreements, arrangements and understandings, written or oral, relating to the subject
matter hereof.
23. Amendments. This Agreement may not be amended except by written instrument
duly executed by or on behalf of all of the parties hereto.
IN WITNESS WHEREOF, the parties have executed this Easement Agreement the day and
year first above written.
(signatures begin on the following page)
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mill N161111 INr9NY, ift RL MUM MI C 14A $4 11111
b4i
GRANTOR:
wners Ass ation
Saltaire Pro70
(SEAL)
BY:
President
STATE OF ?. w COUNTY/CIgY OF C? L?1. ,- zi v ;r
I certify that the following person(s) personally appeared before me this day, each
acknowledging to me that he or she or they voluntarily signed the foregoing document for the
purpose stated therein and in the capacity indicated: T-1 11,1 1-1,1 -'S-, President of Saltaire
Property Owners Association.
Date: c e. L (. J
Signa e of Notary Public
Typed or printed name of Notary Public
My commission expires: y ?- ye, a? 01-"3
(AFFIX NOTARY SEAL)
Elizabeth M. Grady
Notary Pubic, [DO 3M9
Commonweam of mo-ja
my Co wAsbn Wft Sep 30, 2013
-6-
6270877 B: 1824 P: 32 Page 6 of 8 1/28110 3:29 PM
1111 ri1111AMA%WVHLWLWVCIMIH"111111
TOWN:
ATTEST:
TOWN OF DUCK, NORTH CAROLINA
BY:
Dave Wessel, Mayor
1? 4. W'v,
Lori Kopec, To Clerk
NORTH CAROLINA
DARE COUNTY
I, 1?r15 ? LAuman , a Notary Public ofthe County of and State
aforesaid, certify that Dave Wessel personally came before me this day and acknowledged that he
is Mayor of The Town of Duck, a North Carolina municipal corporation, and that by authority duly
given and as the act of the Town, the foregoing instrument was signed in its name by its Mayor,
sealed with its corporate seal and attested by Lori Kopec, its Town Clerk.
Witness my hand and official stamp or seal, this day of h r ,
20?. ?-
CAN?'-Ll A OU
Signature of Notary Public
C61Sh 6 ?-- &4S.-Gv1a n
Typed or printed name of Notary Public
My commission expires:
(AFFIX.U SEAL)
1.. MOSS
rQ
C3 VOTARY
121
6270877 B: 1824 P: 32 Page 7 of 8 1/28/10 3:29 PM
111111A IT &% Ift W. FiL 1411MMACH 11111
pinimMuck boardwalk easement - Saltaire - 2009-12-11. wpd
-7-
gut¦u¦ uu a 1?¦¦r ua?u ur ¦r It elms un?rl II 111 i ?tur
ATTACHMENT 4
LIMITATIONS, CONDITIONS OR ENCUMBRANCES
a) For property owned or to be owned by the applicant, describe all easements or encumbrances.
See attached copies of two Owner's Policies of Title Insurance, each of which contains a list of the
easements and encumbrances affecting the properties owned by the Town in fee simple.
b) For property to be controlled through other methods, describe any conditions or limitations in current
or proposed leases, easements or use agreements, including restrictions on the applicant's use of the site
or the rights to be reserved by the landowner, that may in any way impact the applicant's ability to
complete the project in a timely manner and provide for public recreational use for at least 25 years:
With regard to the portions of the parcels conveyed to the Town by easement, we are not aware of any
conditions or limitations in the recorded easements that may in any way impact the applicant's ability to
complete the project in a timely manner and provide for public recreational use for at least 25 years.
With regard to the portions of the parcels conveyed by Duck United Methodist Church to the Town by
lease, conditions or limitations in the recorded lease that may in any way impact the applicant's ability to
complete the project in a timely manner and provide for public recreational use for at least 25 years,
except for provisions terminating the lease if (1) the Town has not applied for permits for the initial
construction of the boardwalk within 12 months after the date of the lease, or (2) the Town has not
commenced the initial construction of the boardwalk within 36 months after the date of this lease.
Lawyers Title Insurance Corporation
Owner Policy
Schedule A
Policy ID: A750757865 Associated ID: G471482604
Coverage: $4,500,000.00
Policy Date: November 18, 2003 at 05:06pm in Dare County
1. The Insured in whom title to the fee simple estate or interest in
the land is vested at Policy Date is:
Town of Duck, North Carolina, a body corporate and public under
North Carolina law
2. The land referred to in this policy is encumbered by the following
Deed(s) of Trust and Assignment(s), if any:
DEED OF TRUST executed by Town of Duck, North Carolina, a public
body of the State of North Carolina, to F. Louis Loyd, III,
Trustee(s) for Branch Banking & Trust Company, dated November 18,
2003, recorded on November 18, 2003, at 05:06pm in Book 1531, Page
487, Dare County Registry, securing the sum of $4,500,000,000.00.
3. The land referred to in this policy is described as follows:
For description of the insured land, see Exhibit "A" attached
hereto and made a part of Schedule A.
Commercial property located in the Town of Duck, North Carolina
Schedule B
This policy does not insure against loss or damage by reason of the
Deed(s) of Trust, if any, described in Schedule A, or the following:
1. Taxes paid through the year 2003.
2. Easement(s) to Virginia Electric and Power Company, now North
Carolina Power, recorded in Book 319, Page 950 and in Book 1125,
Page 205, Dare County Registry.
3. Easement to the North Carolina Department of Transportation
recorded in Book 1163, Page 863, Book 1260, Page 176 and in Book
1261, Page429, Dare County Registry
4. No coverage is given for the easement recorded in Book 359, Page
972, Dare County Registry, which easement is included in the
ALTA Owner's Policy 10-17-92
office: The Title Company of North Carolina, Inc.
Post Office Box 2739, Kill Devil Hills, NC 27948 252-441-2877/800-666-2258
File ID: 0310-26485 ID: A750757865 [413451 Printed: 12-03-2003 by AS Page 1
Lawyer s Title Insurance Corpuration
Owner Policy
Schedule B (Continued)
description of the insured property.
5. Laws of the State of North Carolina or any other governmental
agency relating to wetlands and/or waterfront property.
6. The Company does not insure riparian rights or title to that
portion of the land lying below the highwater mark of Currituck
Sound.
7. The company does not insure title to the mobile home situate on
the insured property.
8. The company has no liability for that area shown on the survey by
Albemarle Engineering, Inc. as "area currently maintained by
Herron" said plat dated August 31, 1999.
9. Title to that portion of the land within the cemetery as shown on
survey by Albemarle Engineering, Inc. dated August 31, 1999, and
situate on "Parcel 2" designated on said survey.
10. All general service and utility easements affecting insured land.
11. Such state of facts occurring subsequent to August 31, 1999, as
would be disclosed by an accurate survey and inspection of the
land.
Authorized Signature:
ALTA Owner's Policy 10-17-92
of f i ce: The Title Company of North Carolina, Inc.
Post Office Box 2739, Kill Devil Hills, NC 27948 252-441-2877/800-666-2258
P;io rn- 03K-96485 tn• e7Sn757RM rfv4Ls1 D?inrpd- 12-ni-pnm by ae Page 2
Lawyers Title Insurance Corporation
Exhibit A
BEGINNING at an iron pin found on the western right of way line of N.C. Highway 12 (Duck Road), corner for now or
formerly H & H Partnership as shown on map hereinafter referred to; thence along the now or formerly H & H Partnership
line the following courses and distances: South 79 degrees 18 minutes 43 seconds West 55.72 feet to an iron pin found
and South 79 degrees 18 minutes 43 seconds West 152.95 feet to an iron pin found, said iron pin being the be inning
point of the tie line hereinafter referred to; thence continuing along the now or formerly H & H Partnership line outh.
79 degrees 18 minutes 43 seconds West 100.44 feet more or less to the mean high water mark of the Currituck Sound as of
August 17, 1999; thence in a general northwesterly direction along the eastern mean high water mark of Currituck Sound
and a canal extending from Currituck Sound into the property) and following the meanderings thereof to an iron rod
found at the approximate water's edge, corner on Currituck Sound for now or formerly Charles L. Sineath; thence along
the now or formerly Sineath line, North 80 degrees 14 minutes 13 seconds East 27.36 feet more or less to an iron rod
found, said iron rod being the terminus of a tie line having a distance of 1039.89 feet on a course of North 47 degrees
04 minutes 43 seconds West from the tie line's beginningg pomt previously identified; thence continuing along the now or
formerly Sineath line, North 80 degrees 14 minutes 13 seconds East 409.22 feet to a concrete monument found; thence
continuing along the now or formerly Sineath line, North. 80 degrees 15 minutes 08 seconds East 216.10 feet to a
concrete monument found in the western right of way line of N.C. Highway 12; thence along the western right of way line
of N.C. Highway 12, on a curve to the left having a radius of 325.70 feet and a chord bearing and distance of South 45
degrees 35 minutes 32 seconds East 100.06 feet to an iron rod; thence continuing along the western right of way line of
N.C. Highway 12, on a curve to the left having a radius of 325.70 feet and a chord bearing and distance of South 56
degrees 57 minutes 29 seconds East 27.47 feet to an iron rod; thence along the western right of way line of N.C. Highway
12, South 59 degrees 22 minutes 31 seconds East 73.70 feet to an iron rod, thence continuing along the western right of
way line of N.C. Highway 12, on a curve to the right having a radius of 182.14 feet and a chord bearing and distance of
South 42 degrees 36 minutes 39 seconds East 103.22 feet to an iron rod set; thence continuing along the western. right
of way line of N.C. Highway 12, on a curve to the right having a radius of 809.23 feet and a chord bearing and distance
of South 25 degrees 27 minutes 10 seconds East 19.89 feet to an iron rod set; thence continuing along the western right
of way line of N.C. Highway 12, on a curve to the right having a radius of 809.23 feet and a chord bearing and distance
of South 22 degrees 27 minutes 02 seconds East 64.72 feet to an iron rod set; thence continuing along the western right
of way line of N. C. Highwayy 12, South 20 degrees 22 minutes 21 seconds East 40.79 feet to an iron rod found, corner for
now or formerly Richard A. Herron; thence along the now or formerly Herron line the following courses and distances:
South 78 degrees 29 minutes 52 seconds West 219.70 feet to an iron rod set, cornering; South 20 degrees 15 minutes 00
seconds East 104.91 feet to an iron rod set, cornering; North 80 degrees 56 minutes 47 seconds East 24.17 feet to a
round concrete monument found; and North 78 degrees 29 minutes 52 seconds East 195.36 feet to an iron rod set in the
western right of way line of N.C. Highway 12; thence along the western right of way line of N.C. Highway 12, South 20
degrees 09 minutes 15 seconds East 71.26 feet to an iron rod set; thence continuing along the western. right of way line
of N.C. Highway 12, on a curve to the right having a radius of 341.04 feet and a chord bearing and distance of South 09
degrees 45 minutes 07 seconds East 124.64 feet to an iron rod set; thence continuing along the western. right of way
line of N.C. Highway 12, on a curve to the right having a radius of 341.04 feet and a chord bearing and distance of
South 02 degrees 47 minutes 22 seconds West 22.50 feet to an iron rod set; thence continuing along the western. right of
way line of N.C. Highway 12, South 04 degrees 41 minutes 09 seconds West 57.28 feet to an iron pin found; thence
continuing along the western. right of way line of N.C. Highway 12, on a curve to the left having a radius of 649.64
feet and a chord bearing and distance of South 00 degrees 34 minutes 29 seconds West 93.15 feet to the point of
beginning, and being designated as "Parcel 1, Townsend Family :Limited Partnership," "Parcel 2, Townsend & Wheless," and
""N/F Garemi, Inc.," all as shown on map entitled "Boundary Plat of Parcel 1 - Townsend Family Limited Partnership &
Parcel 2 - Townsend & Wheless, prepared by John B. Maruskm, P.L.S., dated August 31, 1999, revised September 3, 1999,
reference to which is hereby made for a more particular description of the parcel of land herein described.
TOGETHER WITH all of Grantor's right, title and interest in and to those certain easements recorded in Book 359, Page
927, Dare County Registry.
Less, save and except that portion, if any at all, conveyed to the Department of Transportation of North Carolina by
deed dated on or about January 13, 1989, recorded with the Register of Deeds of Dare County, North Carolina.
It is the Grantor's intention by this Deed to convey to Grantee all of Grantor's right, title and interest in and to all
of the property conveyed to Grantor by Deed dated July 1, 2000 and filed in Book 1336, Page 395, Dare County Registry.
Exhibit A
off ice; The Title Company of North Carolina, Inc.
Bost Office Box 2739, Kill Devil Hills, NC 252-441-2877/800-666-2258
06KO6386
Old Republic National Title Insurance Company
Owner Policy
Schedule A
Policy ID: SV4076778
Coverage: $1,250,000.00
Associated ID: MM6210763
Premium: $465.00
Policy Date:July 14, 2006 at 4:56pm in Dare County
1. The Insured in whom title to the fee simple estate or interest in
the land is vested at Policy Date is:
THE TOWN OF DUCK, A BODY POLITIC
2. The land referred to in this policy is encumbered by the following
Deed(s) of Trust and Assignment(s), if any:
DEED OF TRUST executed by The Town of Duck, a body politic to CB
Services Corp., Trustee(s) for RBC Centura Bank, dated July 14,
2006, recorded on July 14, 2006, at 4:56 P.M., in Book 1693, Page
187, Dare County Registry, securing the sum of $1,250,000.00.
3. The land referred to in this policy is described as follows:
Being that certain parcel of land, described by metes and bound,
generally known as Herron Restaurant Tract, in the Town of Duck, Dare
County, North Carolina, and more particularly described on EXHIBIT A,
attached hereto and incoporated herein by reference.
ALTA Owner's Policy 10-17-92
Office: The Title Company of North Carolina
2400 N. Croatan Highway, Suite B/ P.O. Box 2739, Kill Devil Hills NC 27948
File ID: 06KO6386
Printed: 12/18/2006 By GP
Page i of 2
06KO6386
Old Republic National Title Insurance Company
Owner Policy
Schedule B
This Policy does not insure against loss or damage by reason of the
Deed(s) of Trust, if any, described in Schedule A, or the following:
1. Taxes for the year 2006, and subsequent years not yet due and
payable.
2. The following matters that are shown on survey dated 6/13/2006, by
Quible & Associates, P.C., Registered Land Surveyor: power pole(s),
Utility service line(s), sewer clean outs
3. All general service and utility easements affecting insured land.
ALTA Owner's Policy 10-17-92
Office: The Title Company of North Carolina
2400 N. Croatan Highway, Suite B/ P.O. Box 2739, Kill Devil Hills NC 27948
File 1D: 06KO6386 Printed: 12/18/2006 By GP
Page 2 of 2
Old Republic National Title Insurance Company
Exhibit "A"
ATTACHED TO AND MADE A PART OF THAT CERTAIN DEED FROM RICHARD A.
HERRON AND WIFE, IVIARJORIE, N. HERRON TO TOWN OF DUCK, NOR
i TH CAROLINA.
All of that certain parcel of land located in the Town of Duck, Atlantic Township,
Dare County, North Carolina, more particularly described as follows:
Beginning at an iron pipe located in the western right of way line of N.C. Highway
12 (60 foot right of way), said beginming point also being located South 71 degrees
46 minutes 50 seconds West 53.55 feet from a PK nail with washer located in the
center line of Duck Landing Lane; thence from said point of beginning aloe the
western right of way line of N.C. Highway 12, North 20 degrees 07 minutes 18
seconds West 106.09 feet to an iron pipe located. in the comer of property owned b
the Town of Duck, North Carolina; thence along the Town of Duck property line,
South 78 degrees 29 minutes 52 seconds West 219.70 feet to an iron rod; thence
continuing along the Town of Duck property line, South 20 degrees 15 minutes 00
seconds East 104.91 feet to an iron rod; thence continuing along the Town of Duck
property line, North 80 degrees 56 minutes 47 seconds East 24.17 feet to a round
concrete monument; thence continuing along the Town of Duck property line, North
78 degrees 32 minutes 51 seconds East 195.50 feet to the place and point of
beginning, and being a parcel containing 22,999 square feet (0.53 acre) more or less,
as shown on that certain survey entitled, in part, "Lot Survey, PIN 9859-16-84-0594,
Herron Restaurant Tract," by Katherine C. MarchelIo, P.L.S., surveyor's certificate
dated June 13, 2006, a copy of which is attached to and made a part of this deed for
a more particular description.
Being the same property conveyed to the Grantor by Deed dated January 4,.1983 and
filed in Book 336, Page 796, Dare County Registry, and by Deed dated April 9, 1984
and filed in Book 366, Page 63, Dave County Registry.
06KO6386
Old Republic National Title Insurance Company
ALTA Endorsement Form 19.1 - Contiguity - Single Parcel Endorsement
Attached to Policy No. MM6 210763
The Company insures against loss or damage sustained by the insured by reason of:
the failure of the land to be contiguous along its boundary lines to other land owned by THE TOWN
OF DUCK; or
2. the presence of any gaps, strips or gores separating the contiguous boundary line described above.
This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the
terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy or (iv)
increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is
inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this
endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements.
IN WITNESS WHEREOF, the Company has caused this endorsement to be issued and become valid when
signed by an authorized officer or licensed agent of the Company
Authorized Signature: /1 - i'3 6f
ALTA 19.1 - Contiguity - Single Parcel 10/22/03 Section IV-34
The Title Company of North Carolina, Inc.
2400 N. Croatan Highway, Suite B/ P.O. Box 2739, Kill Devil Hills, NC 27948
06KO6386 Printed: 12/18/2006 by GP Page I of I