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20120214 Ver 1_Minor Variance_20120227
LEK% NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director Variance Request Form (For Minor and Major Variances) Protection and Maintenance of Riparian Areas Rules NOTE: This form may be photocopied for use as an original. Check the appropriate box below: ❑ Major Variance ❑ Minor Variance Please identify which Riparian Area Protection Rule applies (Note -this must be one of North Carolina's four buffered river basins. The River Bain map is available at http://h2o.eiir.state.nc.us/admin/mMs/.) ❑ Neuse River Basin: Nutrient Sensitive Waters Management Strategy Protection and Maintenance of Riparian Areas Rule (15A NCAC 02B.0233) ❑ Tar - Pamlico River Basin: Nutrient Sensitive Waters Management Strategy Protection and Maintenance of Riparian Areas Rule (15A NCAC 02B.0259) Part 1: General Information (Please include attachments if 'the room provided is insufficient.) A licant's n e the corporation, indivi al etc. who owns the property): 2. Print owner /Signing official (person Name: --- G-�i Title: ___ Street address: \ t -_ _ City, State, Zip: Telephone: ij�- Fax: �) Bible for the property and its compliance) 3. Contact person who can answer questions about the proposed project: Version 6: July 2009 Dee Freeman Secretary Name: t t, o� Y l ► l 1 Telephone: (9_) Fax: �) Email: Qp , Lo y A 4. Project name (Subdivision, facility, or establishment name - con "sis t with project name on plans, specifications, letters, operation and maintenance agreements, etc.): 5. Project location: 91 7 Street address: City, State, Zip: County: Latitude /longitude: VNa'vg__ b0 Date property was purchase Y Directions to site from nearest major intersection (Attach an 8 '/z x 11 copy of the USGS 8. Stream to be impacted by the proposed activity: Stre ► name (ormnnamed streams label as "UT" to the nearest named stream): t_ 9. Which of the following permits /approvals will be required or have been received already for this project? Required: Received: Date received: vtjA Permit Type: CAMA Major CAMA Minor 401 Certification /404 Permit On -site Wastewater Permit NPDES Permit (including stormwater) Non - discharge Permit Water Supply Watershed Variance Erosion/Sedimentation Control Others (specify) Part 2: Proposed Activity (Please include attachments if the room provided is insufficient.) 1. Description of proposed activity [Also, please attach a map of sufficient detail (such as a plat map or site plan in Adobe (pdf) format) to accurately delineate the boundaries of the land to be utilized in carrying out the activity, the location and dimension of any disturbance in the riparian buffers associated with the activity, and the extent of riparian buffers on the land. Include the area of bu m act f2.: ri n�n,� install a- vv_b rn6b14 goawne.,��ci��h'n� Variance Request Form, page 2 Version 6 July 2009 2. Fill in the table below to identify the square footage of impact to Zones 1 & 2 in the protected riparian buffers and the required mitigation (Fill in the impacts portion of the table, even if mitigation is not required): *Zone 1 extends out 30 feet perpendicular from the most landward limit of the top of bank or the rooted herbaceous vegetation; Zone 2 extends an additional 20 feet from the edge of Zone 1. State reasons why this plan for the proposed activity cannot be practically accomplished, reduced 4. Description of any best management practices to be used to control impacts associated with the proposed activity (i.e., control of runoff from impervious surfaces to provide diffuse flow, re- planting vegetation or nhanceme, t o existing vegetatio etc.): (,,� A�� 5. Please provide an explanation of the following: (1) The practi 1 difficulties o hards ips that would It from the st 'ct a plication of this Rule. (2) How these difficulties or hardships result from conditions that are unique to the property inv lved. , , a n hcA�� 61�t 6te-n M n 1-ZOA ©n Variance Request Form, page 3 Version 6 July 2009 Buffer Impact Zone of Impact in Number Purpose for Multiplier Required Impact Square Feet (Indicate on the Impact Mitigation Plan Sheet) Zone 1 3 Zone 2 1.5 Total *Zone 1 extends out 30 feet perpendicular from the most landward limit of the top of bank or the rooted herbaceous vegetation; Zone 2 extends an additional 20 feet from the edge of Zone 1. State reasons why this plan for the proposed activity cannot be practically accomplished, reduced 4. Description of any best management practices to be used to control impacts associated with the proposed activity (i.e., control of runoff from impervious surfaces to provide diffuse flow, re- planting vegetation or nhanceme, t o existing vegetatio etc.): (,,� A�� 5. Please provide an explanation of the following: (1) The practi 1 difficulties o hards ips that would It from the st 'ct a plication of this Rule. (2) How these difficulties or hardships result from conditions that are unique to the property inv lved. , , a n hcA�� 61�t 6te-n M n 1-ZOA ©n Variance Request Form, page 3 Version 6 July 2009 (3) If economic hardship is the major consideration, then include a specific explanation of the economic hardships fnd the�prgportion of the hgdspip to the entire value of the project, Part 3: Stormwater Provide a description of all best management practices (BMPs) that will be used to control nutrients and sedimentation impacts associated with the proposed activity. Please ensure to include all applicable operation & maintenance agreements and worksheets for the proposed 2. Attach a description of how diffuse flow will be maintained through the protected riparian buffers. Please ensure to include all applicable operation & maintenance agreements and worksheets for the proposed diffuse flow measure(s). Also, include the diffuse flow measure(s) on your plan sheets. 3. What will be the annual nitrogen load contributed by this site after development in pounds per acre per year without structural BMPs (stormwater pond, wetland, infiltration basin, etc)? Attach a detailed plan for all proposed structural stormwater BMPs. Drainage Size of Post - development BMP nitrogen6 Final Final basin drainage nitrogen6 loading removal nitrogen6 nitrogen6 basin rate without BMPs4 efficiencys loading rate loading (ac) (lbs/ac/yr) NO (lbs/ac/yr) from drainage basin (lbs 1 2 3 4 S Totals- - - - -- - - - - -- - - - - -- 4 Attach calculations and references. s Attach calculations and references. 6Include Phosphorus in the Tar- Pamlico Basin 4. Attach all applicable supplement form(s) and Inspection and Maintenance (I &M) Form(s) to this completed application. The applicable supplemental form(s) and I &M form(s) for the proposed BMPs noted in your application can be downloaded from the following website: http : / /h2o.enr.state.nc.us /su/bmp forms.htm Variance Request Form, page 4 Version 6 July 2009 Part 4: Proposed Impacts and Mitigation Provide a description of how mitigation will be achieved at your site pursuant to 15A NCAC 213.0242 for the Neuse Basin and 15A NCAC 213.060 for the Tar - Pamlico Basin. If buffer restoration is the method you are requesting, be sure to include a detailed planting plan to include plant type, date of plantings, the date of the one -time fertilization in the protected riparian buffers and a plan sheet showing the proposed location of the plantings. A guide to buffer restoration can be downloaded at the following website: http: / /www.nceep.net/news /reports /buffers.pdf If payment into a buffer restoration fund is how you plan to achieve your mitigation requirement, then include an acceptance letter from the mitigation bank you propose to use stating they have the mitigation credits available for the mitigation requested. Part 5: Deed Restrictions By your signature in Part 6 of this application, you certify that all structural stormwater BMPs required by this variance shall be located in recorded stormwater easements, that the easements will run with the land, that the easements cannot be changed or deleted without concurrence from the State, and that the easements will be recorded prior to the sale of any lot. Part 6: Applicant's Certification I, , r � % �J (print or type name of person listed in PAt�_* ,em ertify that the info tion included on this permit application form is correct, that the project will constructed in conformance with the approved plans and that the deed restrictions in accordance with Part 5 of this form will be recorded with all required permit conditions. Signature: Date: Title: Part 7: Plan Sheets Be sure to include a copy of all of your completed application form, plan sheets and maps in Adobe (pdf) format on a CD or floppy disk. Variance Request Form, page 5 Version 6 July 2009 Part 8: Checklist A complete application submittal consists of the following components. Incomplete submittals will be returned to the applicant. The complete variance request submittal must be received 90 days prior to the EMC meeting at which you wish the request to be heard. Initial below to indicate that the necessary information has been provided. Applicant's Item Initials • Original and two copies of the Variance Request Form and the attachments listed below. • A vicinity map of the project (see Part 1, Item 5) a Narrative demonstration of the need for a variance (see Part 2) • A detailed narrative description of stormwater treatment/management (see Part 4) • Calculations supporting nitrogen (phosphorus in the Tar - Pamlico Basin) loading estimates (see Part 4) • Calculations and references supporting nitrogen (phosphorus in the Tar - Pamlico Basin) removal from proposed BMPs (see Part 4) • Location and details for all proposed structural stormwater BMPs (see Part 4) • Three copies of the applicable Supplement Form(s) and I &M Form(s) for each BMP and/or narrative for each innovative BMP (see Part 4) • Three copies of plans and specifications, including: 0 Development/Project name 0 Engineer and firm 0 Legend and north arrow 0 Scale (1" = 50' is preferred) 0 Revision number & date 0 Mean high water line (if applicable) 0 Dimensioned property /project boundary 0 Location map with named streets or NC State Road numbers 0 Original contours, proposed contours, spot elevations, finished floor elevations 0 Details of roads, parking, cul -de -sacs, sidewalks, and curb and gutter 0 Footprint of any proposed buildings or other structures 0 Wetlands delineated, or a note on plans that none exist 0 Existing drainage (including off - site), drainage easements, pipe sizes, runoff calculations 0 Drainage basins delineated 0 Perennial and intermittent streams, ponds, lakes, rivers and estuaries 0 Location of forest vegetation along the streams, ponds, lakes, rivers and estuaries Variance Request Form, page 6 Version 6 July 2009 It, f k S44 s 4, i 5 - -- Wo Y� Ruing ; i. f . 4 . L • 10° W. Name: NEW BERN Date: 2127/2012 Scale: 1 inch equals 1000 fe( Old Towne 4 Lake - + y ti R a + -NCB �> 4 ■ 'may. ir I Q * 1,11' I I� 1 a� If - X;p �Y ' ss Location: 035° 04'05.71" N 077° 02'56.15" W copyrignt (c) 19aa, maptecn, inc. Subdivision Name . Property owner ARTHUR Owner address NEW BE Structure Informata n � , Other struct in T '� J AMBER O NUMBER-. -O oj-MOBILE H Addit Issue Expir Speci THIS DETE PERM ,c �utws HEAL SYST INCL DISC? SuRiali ial desc rte 10/24 L FOCCUPIED```; u B.- WEEN I ,-,SHORES DR: ool ZATION :TO.RECONNECT, MHP M J & TERESA B CREEK RD NC 285629016 NE /STORM DAMAGE EXISTING WELL OOMS 2 U a.tibn 0 `�'f3 THE C;CiUiD i WAS o -1W E SU810 Existing Septic Tank System e ' .ate.. ACT OF 2009 ' SOME APPROVAL MAY RE1vIAIN VALID F+DR LON -iER THAN ONE (1) YEAR. THE CORRECT IrXPIRATION DATE IS PRINTED ABOVE. expires ei�l�ri, 11111 O1&UP.II ff-UlttTlj] I I li 11111111111111111�� �x1 ,� IIIIIIII® v NF77 COUNTY GEOGRAPHIC INFORMATION SYSTEM PARCELS MAPPED AS OF 2/27/2012 Tax Year = 2013 Craven County DOES NOT Warrant the information shown on this page and should be used ONLY for tax assessment purposes Parcel ID : 7 -103 -11001 Parcel Ref # : 58901 Recorded Owner Name: ARTHUR, GUY M JR & TERESA B Mailing Address: 1111 BRICES CREEK RD NEW BERN, NC 28562 Property Legal Description: TRACT 1 -C SURVEY FOR GUY ARTHUR JR & JAMES ARTHUR RECORDING INFORMATION Date: JANUARY 15th, 2002 Book: 1881 Page: 618 Plat Cabinet: H Slide Number: 48 Estate Number: Value Information for 2012 -------------------------------- Land Value: $ 682,900 Building Value: $ 154,460 Total Value: $ 837,360 Tax Exempt: NO Number of Recycling Fees: 1 LAND PRICING SUMMARY VALUE --------------- - - - - -- ------ - - - - -- BASE VALUE $ 675,000 SMALL TRACT $ 7,900 BUILDING SUMMARY RESIDENTIAL SHED -1 -3 SD -DET DOCK /PIER -RES STORAGE BLD -DET CARPORT - DET -RES STORAGE BLD -DET STORAGE BLD -DET MOB HOME- HOOKUP ra2PAZIM :1r18 ft I 2009 2000 2000 2004 2010 2000 2009 2000 ACREAGE INFORMATION Calculated Acres: 3.20 Deeded Acres: Surveyed Acres: 3.17 Assessed Acres: 3.17 OTHER INFORMATION City Code: Fire District: TOWNSHIP 7 Special Service: Drainage District: Land Use: RES -1 FAM Neighborhood ID: 7107 BASE AREA 1700 SQ FT. 357 SQ FT. 320 SQ FT. 144 SQ FT. 320 SQ FT. 600 SQ FT. 64 SQ FT. 1 SQ FT. VALUE $ 143,440 $ 1,450 $ 4,510 $ 1,560 $ 1,000 $ 3,000 $ 990 $ 2,500 REPORT GENERATED BY tinadaughe' ON 2/27/2012 11:05:35 AM CRAVEN COUNTY GEOGRAPHIC INFORMATION SYSTEM SALES REPORT FOR PARCEL ID 7 -103 -11001 Craven County DOES NOT Warrant the information shown on this page and should be used ONLY for tax assessment purposes NO SALES INFORMATION Craven County DOES NOT Warrant the information shown on this page and should be used ONLY for tax assessment purposes SALES REPORT PRINTED BY tinadaughe' 2/27/2012 11:05:48 AM f 0 90 CRAVEN COUNTY DOES NOT WARRANT THE INFORMANTION ON THIS MAP AND Feet SHOULD BE USED ONLY FOR TAX ASSESSMENT PURPOSES. cz) 7 -103 -A -OOL STILLWATER INVESTMENT GROUP LLC Acres 29.66 Deed Book 2519 Deed Page 0806 7 -103 -7001 ARTHUR, JAMES F & LINDA Acres 9.57 Deed Book 1881 Deed Page 0609 F' qj c Q(U � 0a � o &S � J 00* ^p1 "'.00 ,� �� U�q) �Oo N� 7- -11aoo ARTH STEVEN G & Acres 1.7 Deed Book 421 Deed (TRACT 1 -C) 7 -105 -026 U S A - FOREST SERVICE Acres 3055.85 Deed Book 0000 Deed Page 0000 MAP MADE BY TINA USING THE CRAVEN COUNTY GEOGRAPHIC INFORMATION SYSTEM Monday, February 27, 2012 11:05:18 AM (Page 1 of 3) Tax Parcel ID / (whole) - RCVetWe Stanps No Tide Examination Requested and Now performed Prepared by: Moses D. Lasiner, Attorney at Law New Bern, NC 28560 (isle. 29299 ) NORTH CAROLINA CRAVEN COUNTY Craven NC - Be6y Thompson, Date 01'14,12002 Time No; 2002 - 00037719 Fee Amt E ?,.3se Tay: Fay« Document Raw Resister ,of �-eejS 36: 1`5 1 of z p9s 618 20.00 .00 THIS DEED, made this 10 th day of Jam_, 2002, by Arthur Farms, a North Carolina General Partnership, and James F. Arthur and wife, Linda Arthur, Guy M. Arthur, Jr., and wife, Teresa Arthur, individually, hereinafter referred to as Grantor; and Guy M. Arthur, Jr., and wife, Teresa B. Arthur, whose address is / %// .pct! ° & Z 15_6 7-' , hereinafter referred to as Grantee; 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. W I T N E S S E T H: WGl`k Flan NO: 9999 - 00084457 That the Grantor, for a 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 fee simple, all that certain lot or parcel of land situated in Number 7 Township, Craven County, North Carolina, and more particularly described as follows: All that certain lot or parcel of land lying and being in No. 7 Township, Craven County, North Carolina, consisting of 6.05 acres, more or less, and being designated as Tract 1 upon that survey and map entitled, "Survey for Guy M, Arthur, Jr., & James F. Arthur," prepared by Suitt & Associates, P.A., Chet M. Suitt, PLS, L2995, dated October 24, 2001, and recorded in Plat Cabinet G Slide A&C of the Craven County Registry, reference to which is hereby made for a more perfect description. The hereinabove property is also conveyed together with and subject to an 18 foot non - exclusive right of way and easement for the purposes of ingress, egress and regress to NCSR 1965 and the installation of water, sewer, cable, telephone, gas, electrical and Book 1881, Page 618, File Number (Page 3 of 3) Date 01/15/2002 Time 1536.15 3 of 3 Ns No: 2002- 00037719 Book 1881 Page 640 North Carolina, Craven County T, i��CS �� t,j bi5 ! t+cr— , a Notary Public in and for said County and State, do hereby certify'that James F. Arthur and Guy M. Ashur, Jr.. gegeral partners of Arthur Farms, a N.C. General Partnership. and James F. Arthur, Linda Arthur, Guy M. Arthur. Jr., and Teresa Arthur. individually, personally appeared before me this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed and James F. Arthur and Guy M. Arthur, Jr., further acknowledge the due execution of this ,. instrument on behalf of Arthur Farms, a N.C. General Partnership. Witness my hand and official stamp a day •;'2f1O2 +f ` N ary Public commission expires: t, North Carolina, Craven County ' The certificate of the foregoing notary is certified to be correct. This instrumen- presented for registration this day and hour, and duly recorded in the U#ii the Re of V. Deeds of Craven County, N.C., in Book ��� , Page (� This �`S day of 2002, at �- -� o'clock�D M. �-- By R ster of eels Asst./Deputy Register of Deeds Book 1881, Pave 618, File Number (Page 1 of 10) v NORTH CAROLINA CRAVEN COUNTY IIIlIII I111��11111IIIINII�IIIIIII1111110111111�1111111 lllllllll llilllll Image ID; 00000104309'7 Type: CRP Recorded; 10/13/2006 at 03:50:48 PM Fee Amt: $41.00 Page 1 of 10 Excise Tax: $0.00 Craven, NC Sherri B. Richard Register of Deeds 6K2519Pa793 RELOCATION OF EASEMENT (Prepared by Thomas M. Ward) This document should be indexed as a "subsequent instrument" pursuant to N.C.G.S. §161 -14.1 to the following original instruments: Plat Cabinet G, Slide 135C; Plat Cabinet H, Slide 48D; Book 1881, Page 618; Book 1881, Page 609; Book 2421, Page 163. THIS RELOCATION OF EASEMENT, made and entered into this fj 1�-_ day of _0(-,fd ke-r 2006, by and between Guy M. Arthur, Jr. and James F. Arthur, tla Arthur Farms, a North Carolina General Partnership, Guy M. Arthur, Jr. and wife, Doris A. Arthur, and James F. Arthur and wife, Linda Arthur, hereinafter collectively referred to as "parties of the first part" or "Grantors "; and Guy M. Arthur, Jr. and wife, Doris A. Arthur, individually, hereinafter referred to as "parties of the second part "; and James F. Arthur and wife, Linda Arthur, individually, hereinafter referred to as "parties of the third part"; and Steven G. Arthur and wife, Sarah M. Arthur, hereinafter referred to as "parties of the fourth part," the parties of the second, third and fourth parts being collectively referred to herein as "Grantees "); WITNESSETH: THAT WHEREAS, by Deed recorded in Book 1881, Page 618, of the Craven County Registry, Guy M. Arthur Jr. and James F. Arthur, individually and as partners in Arthur Farms, together with their respective spouses conveyed to Guy M. Arthur, Jr. and wife, Theresa B. Arthur (now deceased), that certain tract or parcel of land, shown as Tract No. I on that certain map entitled, "Survey for Guy M. Arthur, Jr. and James F. Arthur," prepared by Suitt and Associates, P.A., recorded in Plat Cabinet G, Slide 135 -C, of the Craven County Registry; and WHEREAS, by Deed recorded in Book 1881, Page 609, Guy M. Arthur Jr, and James F. Arthur, individually and as partners in Arthur Farms, together with their respective spouses SZ9809 1014 iNO U J OA Book 2519, Page 793, File Number (Page 2 of 10) U ii o n =1-0 0 N a� = �0. o c4 IL 00 H N a conveyed to James F. Arthur and wife, Linda Arthur, that certain tract or parcel of land designated as Tract No. 2 on the aforementioned plat, recorded in Plat Cabinet G, Slide 135 -C, of the Craven County Registry; and WHEREAS, Theresa B. Arthur is now deceased, and Guy M. Arthur, Jr. is now married to Doris A. Arthur; and WHEREAS, by Deed recorded in Book 2421, Page 163, of the Craven County Registry, Guy M, Arthur, Jr. and wife, Doris A. Arthur, conveyed a portion of the aforementioned Tract No. 1, to Steven G. Arthur and wife, Sarah M. Arthur, which parcel is delineated as 'Tract No. 1 B," as shown on that certain plat of survey entitled, "Survey for Guy M. Arthur, Jr, and James F. Arthur," by Chet M. Suitt, PLS, dated October 24, 2001, and revised November 7, 2005, as recorded in Plat Cabinet H, Slide 48 -D, of the Craven County Registry; and WHEREAS, as an appurtenance to the property conveyed to the Grantees, the Grantees herein were also conveyed an 18 -foot nonexclusive right -of -way and easement for the purposes of ingress, egress and regress to NCSR 1965, as shown on the aforementioned plat, and for the installation of utilities as may be necessary for the use and enjoyment of the property so conveyed to the Grantees. Said easement is more particularly shown and described upon those plats recorded in Plat Cabinet G, Slide 135 -C and in Plat Cabinet H, Slide 48 -D, both of the Craven County Registry. Said easement is referred to on both said plats as "Cameron Shores Drive "; and WHEREAS, Grantors are the current owners of the underlying fee of that certain portion of Cameron Shores Drive which runs from NCSR 1965 to Tract No. 1, as shown in Plat Cabinet G, Slide 135 -C; and WHEREAS, Grantors wish to relocate this portion of Cameron Shores Drive to other property owned by Grantors; and WHEREAS, Grantees are amenable to said relocation and have agreed to allow the ithdrawal of this portion of Cameron Shores Drive in return for Grantors' providing an ternate location for said easement to NCSR 1965; and WHEREAS, the parties wish to reduce their agreement to writing; NOW, THEREFORE, for and in consideration of the mutual promises of the parties :reto and other good and value consideration, the receipt and sufficiency of which are hereby knowledged, the parties hereto agree as follows: 0) Book 2519, Pace 793, File Number (Page 3 of 10) .o G T o r 0) M 0) U") �V, oa $ Cr) LO � O C\1 � Y That portion of Cameron Shores Drive as shown in Plat Cabinet G, Slide 135 -C, and Plat Cabinet H, Slide 48 -D, both of the Craven County Registry extending from NCSR 1965 (Marion Drive) to Tract No. 1 as shown on said plats, is hereby withdrawn and terminated. Grantees hereby convey to Grantors, their heirs, successors, and assigns, the easement rights of Grantees over that portion of Cameron Shores Drive described above and Grantees agree that Grantors shall own the underlying fee free and clear of any easement of Grantees in said portion of Cameron Shores Drive as shown and delineated on the aforesaid maps. 2. In lieu of said easement and in replacement thereof, Grantors hereby grant to Grantees a non exclusive right of way and easement across the following - described real property now owned by the parties of the first part: ALL that certain tract or parcel of land lying and being situate in Number Seven (7) Township, Craven County, North Carolina, and being more particularly described as follows: BEGINNING at a point in the northern right -of -way line of a 30 -foot easement known as "Yucca Drive," where the same intersects with the western right -of- way line of Marion Drive (NCSR 1965), which point lies the following courses and distances from the center line intersection of NCSR 1965 and Brice's Creek Road (NCSR 1004): South 20 °58'48" East 56.00 feet to a point; thence South 11 °24'51" East 160.97 feet to a point; thence South 13 °50'00" East 169.54 feet to a point; thence South 13 °13'00" East 177.21 feet to a point; thence South 11 °02'27" East 163.74 feet to a point; thence South 18'31'12" East 1279.84 feet to a point; thence South 08 °14'30" East 488.59 feet; thence South 07 156'30" West 26.89 feet to a point the aforementioned point of BEGINNING. Thence from said point of BEGINNING along and with the western right -of -way line of Marion Drive South 07 °56'30" West 30.79 feet to a point in the southern line of Yucca Drive; thence along and with the southern right -of -way line of Yucca Drive South 84 °55'30" West 466.09 feet to a point in the eastern line of Lot No. 4 of the Raymond Horn Division, now or formerly the Ebbie Howard property; thence along and with the eastern line of the aforementioned Lot 4 in a northerly direction North 03 °33'55" East 30.50 feet to a point in the northern right -of -way line of Yucca Drive; thence along and with the northern line of the aforementioned Lot 4 of the Raymond Horn property South 85 °30'55" West 104.00 feet to an existing iron pipe, which point marks the northeastern corner of Tract No. 1, as shown on that plat recorded in Plat Cabinet G, Slide 135 -C, and in Plat Cabinet H, Slide 48 -D, all of the Craven County Registry; thence along and with the eastern line of Tract No. 1 South 03 °33'55" West 18.01 feet to a point; thence parallel with the northern line of the aforementioned Tract No. 1 North 84 1109'32" West 233.39 feet to a point; thence continuing North 9 Book 2519, Pace 793, File Number (Page 4 of 10) 84 °09'32" West 25.58 feet to the western line of Cameron Shores Drive; thence along and with the western line of Cameron Shores Drive North 51 °06'36" East 25.57 feet to a point in the northern line of the aforementioned Tract No. 1; thence South 84 °09'32" West along and with the northern line of the aforementioned Tract No. 1 187.99 feet to a point; thence along and with a curve to the left which curve has a radius of 8.86 feet, an are distance of 15.00 feet North 78'55'15" East a chord distance of 8.73 feet to a point; thence North 62 °00'01" East 11.91 feet to a point; thence a curve to the right which curve has a radius of 14,36 feet, an arc distance of 35.00 feet North 73 °45'28" East a chord distance of 14.26 feet to a point; thence North 85 °30'55" East 136.43 feet to a point in the western line of the Brandi T. Richardson property; thence along and with the Brandi T Richardson property South 05 °04'30" East 18.00 feet to a point in the northern line of Yucca Drive; thence along and with the northern line of Yucca Drive North 84 °55'30" East 268.00 feet to an existing iron rod marking the southeastern corner of the Brandi T. Richardson property; thence continuing along and with the northern line of Yucca Drive North 84'55'30" East 185.69 feet to the aforementioned point of BEGINNING, This description is taken from that certain plat of survey by Kendall E. Gaskins, PLS, dated October 2, 2006, entitled "Survey for Still Water Harbor," a copy of which is labeled Exhibit A, attached hereto and incorporated herein by reference. It is understood and agreed that this easement and right of way shall be non exclusive and shall be an appurtenance to the respective properties of the a Grantees as shown in Plat Cabinet H Slide 48 -D of the Craven County Registry and as hereinabove described, and shall run to the benefit of their respective >w heirs, successors and assigns. This easement is granted for ingress, egress, 1- 0 S° Cf7 regress, and the installation of utilities. It is understood and agreed, that except as specifically set forth herein, the a a Grantees' respective rights in and to Cameron Shores Drive, lying to the south of o CA the northern line of Tract No. I as shown on the aforementioned plats, shall remain the same and undisturbed. The property across which this easement is Ngranted and conveyed is subject to such easements as may appear of record. H 0 TO HAVE AND TO HOLD the aforesaid easement and right -of -way and all privileges and appurtenances thereunto belonging to the Grantees, their successors and assigns. The Grantors covenant that they are seized of the aforesaid underlying premises in fee and have the right to convey the easement and right -of -way hereby granted; that the same is free from encumbrances except those easements, restrictions, rights -of -way, and other matters of record and that the Grantors will warrant and defend said title to said easement or right -of -way against the claims of any persons whomsoever, except as to those exceptions stated herein. GRANTORS reserve the right of full use and enjoyment of the underlying fee for said 4 Book 2519, Page 793, File Number (Page 5 of 10) easement, provided such use and enjoyment shall not hinder, conflict, or interfere with the exercise of the Grantees' rights hereunder. The parties agree that this document is an amendment to the maps recorded in Plat Cabinet G, Slide 135C and Plat Cabinet H, Slide 48D; that any future reference to said maps shall mean said maps as amended by this document; that that portion of Cameron Shores Drive as shown on said maps which is not a portion of the relocated easement described herein and which lies north of the northern line of Lot No. 1 as shown on said maps hereby is withdrawn, terminated, made void and shall be of no further force or effect, and that any future reference to said maps shall be interpreted to mean said maps with said portion of Cameron Shores Drive withdrawn and terminated_ IN TESTIMONY WHEREOF, all of the parties hereto have set their hands and adopted as their seals the typewritten word "SEAL" appearing beside their respective names, all the day and year first above written. 1I11ti11114��I�IIIIIl111N111111111111111�I�IIN11�11�1�1�11�1� "��� A Partnership page a North Carolina General Ima�3e ID: 000OO1page05 OfA10 BK2519 pG797 By y (SEAL) Guy 0. Arthur, Jr., Partn By (SEAL) es F. Arthur, Partner 129, �, (SEAL) Guy A Arthur, Jr. Doris A. Arthur (SEAL) 41mes 5 Book 2519, Paae 793. File Number (Page 6 of 10) 640�� 1, (SEAL) Linda Arthur (SEAL) Steven G. Arthur /,)J V (SEAL) Sarah M. Arthur I I1111� U111111ti 14a11181111111111111111111111VI 11111 �11111i1111i11�11111 Image ID: 000001043102 Type: CRP Page 6 BK25 19 1498 Book 2519. Page 793. File Number (Page 7 of 10) IN�II���lll�ll4l�l��l ��i��4�lllll lllllllllll�llllf�lllll��l�ll image 10: 000001043103 TVPe: CRP Pape 7 of 10 BK2519Pa799 NORTH CAROLINA CRAVEN COUNTY I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: GUY M ARTHUR JR. and JAMES F. ARTHUR as General Partners of ARTHUR FARMS a North Carolina General Partnershi>7. Date: (Official Sea]) >: �01AR Y PUBOO NORTH CAROLINA CRAVEN COUNTY Si nature of otary Public ,j r hwAe �. \&jAyh , Notary Public Printed or typed name My commission expires: g p'3 moo d 1 certify that the following person(s) personally appeared before me this day, acknowledging to me that he or she signed the foregoing document: GUY M. ARTHUR, JR, and DORIS A. ARTHUR. Date: 10 1 JA O ( (Official Seal) e- Si ature of Lary Public Jf A99C .). W AMS , Notary Public Printed or typed name My commission expires: g (.13 1aa0 8 7 Book 2519, Paae 793, File Number (Page 8 of 10) f ( li���fill�f�I1111111IIIiINlllli �if��l #�illll�lllilll111111�111111 Image ID: 000001043104 Type: CRP Page 6 of 10 BK2519 Po800 NORTH CAROLINA CRAVEN COUNTY i certify that the following person(s) personally appeared before me this day, acknowledging to me that he or she signed the foregoing document: JAMES F. ARTHUR and LINDA ARTHUR. Date: 10 (1'�'fV7 (Official Seal) NORTH CAROLINA CRAVEN COUNTY �0 Ry o PUBoG )6 2'p-,,4 Sig tore of Notbry Public j n t` g j. W A m , Notary Public Printed or typed name My commission expires: 3 1�.oO f' 1 certify that the following person(s) personally appeared before me this day, acknowledging to me that he or she signed the foregoing document: STEVEN G. ARTHUR. Date: _10_{i*;JQ6 (Official Seal) �0 -1 A R Y PU6L�G 2 ...... _ :' Aa,u tic , a A. Sign tore offtHary Public s chgt'1t; J. kxrR(ZD ,Notary Public Printed or typed name My commission expires: R 143 1.100 P 8 Book 2519, Paae 793. File Number (Page 9 of 10) P' Image lot 000001043105 voe1 GAP SK2519 poBOI NORTH CAROLINA CRAVEN COUNTY I certify that the following person(s) personally appeared before me this day, acknowledging to me that he or she signed the foregoing document: SARAH M. ARTHUR. Date: 10 l ! ,( .10 6 (Official Seal) PARy o r,• .......... Si ature of Novtary Public J04LA ne- j • W a.c d , Notary Public Printed or typed name My commission expires. 0 filed for re tratton at M20cf This Soak Page Register of Deeds Craven County Sherri B. Richard Book 2519, Paae 793, File Number (Page 10 of 10) x m w c.SS a qd � CA ta K��m D H ;;,zt-j a CyY'' N�zsSp�yG� W .0, m tnp� �b a S G iO 0 a i °m w 0 y � \.? i�➢PA �w pp W yy A ti f� r {w �axax�r � W N o v � a n OD m �� m3 N n' y D T� W i ss; b ' C n .0 MSC.tt.cas z Lil -COI -G �Ol RYA _ _ �... 601 Od 8 I' o lei UiJtfMON 91883 3 n Nos•JJ�ss•c ^� AC'ffl { U 3.,Oti=.f4SAS inoi .K'xcl 1 m H -•NYC � �° P•� 1S Z .7J 71 ryy m ,A p 1N V pay A z z t,4 o !�j r•1 C7 r'1 M �1 �y 140'z ., cc Q ���'1N coa m yzb W O n ipp °z M.O£�fq,gON ,YC28L b w mK D zC- 5A JP, 78' � Af^� xMCSR 1 965 X30, t `� J n�' • 0681 $ ` is,Y°s 1 N f D n� m H -•NYC � �° U 1W d1�W5 Z .7J 71 ryy m ,A p 1N V pay A z 4� !�j r•1 C7 r'1 M oAz �y bLw+1 bh a 6 S N G� liK p N (Av O ➢Dfi� i IO r` O m yzb W O n ipp °z M.O£�fq,gON ,YC28L b w mK D zC- 5A JP, 78' � Af^� xMCSR 1 965 X30, t `� J n�' • 0681 $ ` is,Y°s 1 N f D n� m H -•NYC � �° N/ p Z .7J 71 L • H =� a c °..._.a.O,. 4 °Q-QaX O O oAz g= bh a 6 S N G� liK �zx �n`p. ➢Dfi� IO r` O O -4 Z "'0 z 0 m yzb W O n ipp °z M.O£�fq,gON ,YC28L b w mK D zC- 5A JP, 78' � Af^� xMCSR 1 965 X30, t `� J n�' • 0681 $ ` is,Y°s 1 N f D n� �mnmg D. 4 �' -•NYC � �° Ob ° 7 + Y qq mi�SEM a c °..._.a.O,. 4 °Q-QaX N N° 0C'�O CC S bh a 6 S N G� liK g Cc, 8 `t�yy� O� i LC Book 2519. Pacre 793. File Number