20060030 Ver 2_Deed_20080403

STATE OF NORTH CAROLINA
COUNTY OF PENDER
4 175
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RECrsr
ER OF
PEilOER COUNTY, NC
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (the "Agreement ") is entered into as of the
�i day of 4 .2008 by and between DAVID GREER CONSTRUCTION, INC,
(the "Owner ") and the PECAN GROVE PLANTATION HOA, INC. a North Carolina non-
profit corporation (the "Association ")
RE—MALS
A The Owner agreed to construct fully functioning boat launching facilities
within the Pecan Grove Plantation community for the benefit of the Association, its members,
and their guests and invitees on the real property described on Exhibit A hereto, including boat
ramp, gravel driveway, at least rune (9), 12' x 40' parking spaces, and a pier and staging areas, a
20' wide by 4' deep dredged channel beginning at the boat ramp and extending to the Intracoastal
Waterway, channel markers demarlung said channel (collectively, all of these facilities are
referred to herein as the "Boat Launching Facilities "), which construction required, without
limitation, obtaining the necessary permits to construct the same
B The Owner has not yet core tee construction of the Boat Launching
Facilities Th will subst p t Boat Launching Facilities after
obtaining the ne � o1c6m lete the channel dredging to
n �Fs p g, g con mplated_
N WN?s obligations to complete the Boat
Launching-F acilities, Owner has � Association, its members, and their guests
and invitees an easement to utilize an me an boat launching facility located on the
Owner's property described on Exhibit B..hereto (the "Property "), which Property is located at the
*8 i LQ J�,� lt– I�JI�CJ t
R. V Venfied
]��ce cet;�
g r" zl _ eeds
Peutl�x ty,NC

0 8K3437PG 176
of s th exclusive use of seventeen (17) parking spaces at least forty
n in u t on of the Boat Launching Facilities by the Owner
Ugft' RE, the parties hereto, in consideration of the mutual pro>tuses
contained herein and and valuable consideration, the receipt and sufficient of which
are hereby acknowledged, covenant and agree as follows
(1) Incorooration of Recitals The recitals set forth above and the Exhibits
attached hereto are hereby incorporated herein by reference as if set forth in full in the body of
this Agreement.
(2) ]Basement The Owner, for itself. its successors and assigns, hereby grants
to the Association, its members, and their guests and invitees, a temporary, nonexclusive right,
pnvilege, and easement over, under, across, and through the Property for ingress, egress, regress,
and access to and from the boat ramp facility located on the property The Owner, for itself its
successors and assigns. also grants to the Association, its members, and their guests and invitees,
the exclusive nght to utilize seventeen (17) parking spaces on the property, each at least forty
feet (49) in length, said parking spaces to be clearly marked and identified as for the use of the
members of the Association. These rights, privileges, and easements shall commence on the date
of this Agreement and expire upon completion of the Boat launching Facilities
(3) lcti _Cqnstruction of the Boat LaunchingEacilities The Owner
shall complete the construction and dredging necessary for the full intended use of the Boat
Launching Facilities, including using all available efforts to obtain the necessary permits to
complete the same The Association shall reasonably cooperate with said construction and
permit applications
(4) QQmWetion Notice Upon completion of the construction and dredging
necessary to complete the Boat Laura acihties, the Owner shall provi 7�°'W notice to
the Association that the construction is co z mpl )
business days of receipt of the Completio inspect the Boat
Launching Facilities to verify that co � I tW rid
working condition, and in all manners finished in order to peW or which it was
designed Provided that the Boat Launching Facilities is complete to the satisfaction of the
Association, and the entirety of the property descnbed on Exhibit A has been conveyed to the

OK3431PG 111
o
Association, a Termination of Easement Agreement to recordable
foci tGU
U(5) will use all reasonable efforts to maintain adequate
kin on the Pro par g petty of the Property during peak use times
Furthermore, the Owner will maintain seventeen (17) parking spaces located adjacent to the boat
ramp facilities for the exclusive use of the Association its members, guests -and invitees.
(6) Notices All notices and other communications hereunder shall be in
writing and shall be deemed to have been duly given for all purposes when delivered in person or
the date on which deposited in the United States mail, by registered or certified marl, retum
receipt requested, postage prepaid, or delivered to an express carver service guaranteeing
overnight delivery, in either case addressed ollows �J
If to the Owner AvtD ( "oA/�1`Jue.
D BRA X5813
rw e,
If to the Association Pecan Grove Plantation HOA, Inc
do Annette Spnngle
1630 Military Cutoff Road, Suite 104
Wilmington, NC 28403
Or to such other addresses or entities as the parties hereto may from time to time direct by notice
to the other parties hereto given as provided above
(7) Headings The headings used in this Agreement are for convenience and
reference only and are not a part of this Agreement and do not in any way control, define, limit,
or add to the terms, covenants,
(8) Governing Law
governed by the laws of the State of
and provisions hereof
(9) Bmdin E Ma"OW -1
the benefit of the parties hereto and their respective
and
bi�ir?gFtg shall inure to
(10) Covenants Runaing with the Land All parties hereto intend that the
easements, covenants, and agreements contained herein are to be covenants running with the
Property and affirmatively enforceable against the owners of the Property In furtherance and

Q
KK3437PG 178
not in limitation of, of the fore% d agreed that the easements
granted herein benefit
� d Agreement (the 'Benefited
Property") and shall &theBe,,i"
ernunated as described in accordance
d
with Section 4 of this Agreement
(11) Entire Agreement_ Zliis Agreement oontains the entire agreement among
the parties hereto with respect to the subject matter hereof, and there are no other terms,
conditions, provisions, understandings, statements or representations, expressed or imphed,
concerning the subject matter hereof
[Signatures and authentications on the following pages]
0

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Fpg�I.
ROVE PLANTATION HOA, INC
U,NUI- fIClAL
Nw 611 COUNTY, NA GU,l'o►tI'p. STATE
I certify that the following person(s) personally appeared before me this day, each
acknowledging to me that he or she signed the foregomg document for the purpose(s) stated
th m. m the capacity indicated, and having been first authorized to do so
TOn W President of Pecan Grove Plantation HOA, Inc
Date AJ Mij
070546-00001001
WL.MAIN1165210X3
6 WtILA P LMAA�
Sig ure of Notary Public isakA 60421,
My commission expues u { 0 9
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�s�

OFF �
r'� (INUFFIC�lAL
UNOFj�I�.I�'L
By
M VV f {off" YEA COUNTY, 71 e-, STATE
I certify that the following person(s) personally appeared before me this day, each
acknowledging to me that he or she signed the foregoing document for the purpose(s) stated
therein, r the capacrty�}ndicated, and having been first authorized to do so
f� �[i G Q C " A . President of David Greer Construction, Inc
Date b 4- O x o2ao�
(Offlcral Seal)
Signature iMorary Sublw
My commission expues l e o �d-
atfAII IH,
(Sign con
�� N

v
r UNOFFICIAL
Those tracts or parcels of land depicted on that certain "Master Site Plan *rove
Plantation " recorded in the Office of the Register of Deeds of Pender County at Shde 481, in
Map Book 35, at Page 137, and described as "Site of Existing Boat Ramp to be Improved," and
"Recreation Area, Site of Proposed Gazebo, Swimming Pool, Pier, etc for the Use of Pecan
Grove Plantation Lot Owners "
O� C�In(vl����'7LalL

9K3431P o
EXHIBIT B I p
Located in Topsail Township, Pender County, North Carolina
adjacent to and West of the Western Right -of -Way lute of
Secondary Road No 1564, adjacent to and North of Topsail Sound
and being more fully described as follows, to wit
BEGINNING at an existing iron pipe m the Southwestern
Right -of -Way line of Secondary Road No 1564, said iron pipe
marks the Eastern dividing comer between Lots 1 and 4 of the Eva
Lewis Division as shown on a map of same duly recorded in Map
book 15 at Page 80 of the Pender County Registry, and running
thence, from the Beginning, so located,
(1) with the Southwestern Right-of -Way line of Secondary Road
No 1564 South 37 Degrees 23 Mmutes 00 Seconds East
254 60 feet (passing over an existing in lme ion stake in the
Northern lane of an old community roadway known as Lewis
Road Southwest at 199 14 feet) to an existing iron stake that
marks the Southwestern terminus point of Secondary Road
No 1564 as per map the Eva Lewis Division map duly
recorded in Map Book 15 at Page 80 of the Pender County
Registry, thence,
(2) South 68 Degrees 09 Minutes 00 Seconds West 7 05 feet to an
existing iron stake that marks the Northwestern corner of the
Lea Properties, Inc lands desenbed m Deed Book 1323 at
Page 281 of the Pender County Registry; thence,
(3) with said line South 26 Degrees 47 Minutes 19 Seconds East
140 38 feet (passing over an existing in line ion stake at
139 14 feet) to a steel nail on top of a bulkhead to Topsail
Sound, thence,
(4) along the high water line of Topsail Sound
(5) with the Western line of Tract No 1 of the Eva Lewis Division
North 20 Degrees 53 Minutes 00 Seconds West 35516 feet
(passing over an existing in line iron stake on the Northern
edge of Lewis Road Southwest at 199 34 feet and an existing m
I vises and distances South 76 Degrees
Seconds West 8 58 feet, South 65 Degrees
5 i�i��VVest 25 79 feet, South 66 Degrees
mu es econ�s'''��yyest 42 23 feet and South 77 Degrees
nds West 72 76 feet to a point of the
outside con ' �d bulkhead, thence.

s L ez�sung iron pipe that6K J4 3 7 PG 18 3
n n ern comer of said Tract No 1, thence,
E5W ract No 1 North 53 Degrees
p s East 7140 feet to the Beginning,
containing 1 ore or less and being a portion of
Tract No 1 of the above said Eva Lewis Division shown on a
map duly recorded in Map Book 15 at Page 80 of the Pender
County Registry
The above described tract is'Sublect to" an existing community
roadway known as Lewis Road Southwest for ingress, egress and
regress to and from other lands with said roadway lying adjacent to
and South of existing iron stakes called for in the above described
boundaries
A map showing the above described property is recorded in Map
Book 15, Page 80
Said tract being the same real property conveyed to the Owner by
North Carolina general Warranty Deed dated May 18, 2004,
recorded in Book 2392, at Page 263 in the Office of the Register of
Deeds of Pender County
of � Sao