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20210545 Ver 1_Pre-Filing Meeting Request_20210311
DWR Pre -Filing Meeting Request Form ID#* Regional Office* Reviewer List* 20210545 Version * 1 Wilmington Regional Office - (910) 796-7215 Robb Mairs Pre -Filing Meeting Request submitted 3/11/2021 Contact Name * Contact Email Address* Project Name* Project Owner* Project County* Owner Address: Ben Brink ben@coastalpermitguy.com CADD Bulkhead CADD Properties LLC (Dennis Swink) Brunswick Street Address 105 Swordfish Drive Address Line 2 City State / Rovince / Region Holden Beach North Carolina Fbstal / Zip Code Country 28462 USA Is this a transportation project?* r Yes (' No Type(s) of approval sought from the DWR: fJ 401 Water Quality Certification - I— 401 Water Quality Certification - Regular Express I— Individual Permit I— Modification r Shoreline Stabilization Does this project have an existing project ID#?* r Yes (' No Do you know the name of the staff member you would like to request a meeting with? Robb Mairs Please give a brief project description below and include location information. * 105 Swordfish Drive in Holden Beach has a failing bulkhead allowing the backyard sediment to erode away. The proposal is to move the bulkhead out an average of 5' to create a straighter alignment. There is no coastal wetland vegetation in the project area but there are sparse oysters which are to be raked away from project area. Please give a couple of dates you are available for a meeting. 3/22/2021 3/25/2021 3/26/2021 Please attach the documentation you would like to have the meeting about. 105 Swordfish_CADD Bulkhead Major.pdf 13.66MB pdf only By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section 401 Certification Rule the following statements: • This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 401 Certification Rule. • I understand by signing this form that I cannot submit my application until 30 calendar days after this pre -filing meeting request. • I also understand that DWR is not required to respond or grant the meeting request. Your project's thirty -day clock started upon receipt of this application. You will receive notification regarding meeting location and time if a meeting is necessary. You will receive notification when the thirty -day clock has expired, and you can submit an application. Signature Submittal Date 3/11/2021 Project Narrative 105 Swordfish Drive Holden Beach (CADD Bulkhead) Existing Conditions: 105 Swordfish Drive is located in Holden Beach, North Carolina at 33°54'31.42"N 78°19'56.71"W. This is a privately owned lot with a single-family residence including a multilevel deck that extends into the backyard. The backyard consists of pea gravel and several pine trees. There is a docking facility on site including a fixed platform and ramp to a floating dock (no work is proposed to the docking facility aside from removing a section of the fixed platform). A bulkhead is located between the docking facility and yard of the applicant. No wetland vegetation is located on the waterward side of the existing bulkhead. Proposed Work: The applicant would like to install a new vinyl bulkhead (53.5' linear feet) waterward of a failing bulkhead. The southern portion of the remaining wall would be replaced in its existing footprint (approximately 10') The current bulkhead will be removed to be filled with clean fill from an upland source. Due the close proximity of the residential structure, most work will be completed from the waterward side of the existing bulkhead via barge. Some of the proposed work will be completed from land using an excavator which would be stored on site. A section of the existing fixed platform is to be removed so the bulkhead can be installed. The applicant's new vinyl wall would not encroach onto any wetland vegetation. • Rake existing oysters away from working area • Remove section of fixed platform • Set new piling with whalers • Drive vinyl sheets • Construct Navy style seawall (bulkhead) • Remove existing bulkhead • Install tie rods into dead men and drag lines per engineered plan • Fill with new clean fill from upland source Purpose & Need: The existing bulkhead is failing and there is evidence of severe erosion in the backyard. Structural deck pilings are located in close proximity to the existing wall (see photo attachment). The proposed work is necessary to preserve the private residence and allow for safe working conditions for the marine contractors. The distance is also necessary for the structurally integrity of tie rods in the engineered support system. • The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief • The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. • Photo Attachment: Photo 1: Existing bulkhead and fixed platform. Photo 3: Existing bulkhead less than 10' from deck and residence. Photo 5: Coastal wetlands on adjacent property (Spartina a.). Photo 2: Existing docking facility. Photo 4: Proximity of structure to fixed deck. Photo 6: Property pin on North side of property. Photo 7: Erosion of sediment from existing land. Photo 9: Where bulkhead will intersect fixed platform. Photo 8: Proposed bulkhead takeoff 10' from existing. Photo 10: Where bulkhead will meet angular southern wall. Location Map: 105 Swordfish Holden Beach, NC 28462 (CADD Properties LLC Bulkhead) 105 Swordfish Or, Hoidens Beach, i -2846 AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION CADD Properties LLC (Swink) Name of Property Owner Requesting Permit: i ca..; Mailing Address: Cg 004 QeCt,u 1 73SB Phone Number: 33 -3 7 _ 6'�. Email Address: L win t'"t rr-, ce :''` CPG, LLC I certify that 1 have authorized Agent / Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: ‘r4--611(ekt-"'^ io5 Swordfish Drive at my property located at in `�� `"�' County. I furthermore certify that I am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. Property Owner Information: 02eitzr c1- cliv `( Dennis 5. Swink (Mar 10, 2021 18:51 EST) Signature Print or Type Name Property Owner Title -2> 11 / 2,62 t Date 3 10 2022 This certification is valid through / / NM MP-1 APPLICATION for Malor Development Permit (last revised 12/27106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner information Business Name CADD Prr r+mac LLc Project Name (if applicable) MAD aut\- Applicant 1: First Name ic MI Last Name Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address (0 C Per urc A PO Box om City co. rv.-�"e.d State NI ZIP 9-719 Countryt l � Phone No. `3 (c - ,-33 7 - 7 ext. FAX No. �( +1 - r "y Street Address (if different from above) IDS I.).-)0T-8-ck r.,. City Hotb State W , ZIP Email 2. Agent/Contractor information Business Name CPC, c./Hs Agent/ Contractor 1: First Name MI Last Name Agent/ Contractor 2; First Name INA fn MI Last Name 146 V'1 Mailing Address 0 6 OX PO Box 1 1 City 6, Aro1)vlet eeitcli State ZIP ')-St-4 2,- , Phone No. 1 afro - 1ci7 - 5725 ext. Phone No. 2 / - ext. FAX No. Contractor # Street Address (if different from above) mi74_ City VA -State � ;1.9_ ZIP m/ Email tC XLSh\ 4 Low pexv a <Form continues on back> Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Brio s, c, Street Address 1os- c � d- 6 fh br, State Rd. # NIA_ Subdivision Name /i-Gr�.S City 14-o\de 6e-cL State JJL Zip ?e 6 L Phone No. 1 ,-337 -C3 ttra ext. JfA Lot No.(s) (if many, attach additional page with list) L.% , , , , a. In which NC river basin is the project located? L.— 6i^^, b. Name offbody of water nearest to proposed project I"qi9Y1 PJ e_ l .i) 0 : l— c. Is the water body identified in (b) above, natural or manmade? ❑Natural$ Manmade ❑Unknown d. Name the closest major water body to the proposed project site. Al- IJ. W e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed work falls within. i'lolctti ge-CjI Yes ■ No 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 1 c. Size of individual lot(s) Oh I3 (If many lot sizes, please attach additional page with a list) d. Approximate elevation of tract above NHW (normal high water) or NWL (normal water level) NHW or II NWL e. Vegetation on tract 1 - f. Man-made features and uses now on tract [['' /�) ; pe)O `T6xed pint -c�4 ) t-wp, gehAly clff PPivc"ak ��,�ic r c, b„lidAeadc,k, g. Identify and describe the existing land uses adiacent to the proposed project site. v ci I/ .1. 6S) e,s'‘ &I, h a C 0 r; - d h. How does local government zone the tract? f , i. Is the proposed project consistent with the applicable zoning? (Attach zoning compliance certificate, if applicable) Yes ■ No ■ NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ■Yes #lo k. Has a professional archaeological assessment been done for the tract? If yes, by whom? If yes, attach a copy. II Yes ■ No4A " ' I. Is the proposed project located in a National Registered Historic District National Register listed or eligible property? or does it involve a ['Yes IINo (�{NA r <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? (ii) Are there coastal wetlands on the site? (iii) If yes to either (i) or (ii) above, has a delineation been conducted? (Attach documentation, if available) ''� ii Q�1cYT) t;c4„,1),A'✓►^rLy1,�'- i>-' i'\� L'rre:r-ly e, ■Yes tvo (]Yeso es MI No n. Describe existing wastewater treatment facilities. Coax\� (rtco o. Describe existing.drinking water supply source. C LL 'W uY\ S c [) p. Describe existing storm water management or treatment systems. KVA 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ©Commercial ❑Public/Government Xrivate/Community b. Give a brief description 1�,�1 \ei[All of purpose, ib use, and daily operations of the project when fe)pla�t✓ �:,��u1K� C'tttov 0 n, S ere complete. 1S , +v1 J aid oS to ,\ lv\ Cam = 1-Lyard' c. Describe the proposed construction methodology, type‘ of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. l ti'\.2.t,. ,t�1 ce) i I ( ill i e-x i 14i 11) avid k e 4-) {1 % J re, t, b 'e & c`_ � eat& .,v1 plc; r".v ®ve_ 0Ed L-qI1, FXCak" 1/44f9)', Cst oY� Cat `r" y g {'z'uC.4--f 0CAS6r-Cie vrt66 d. List all development activities you propose. e. Are the proposed activities maintenance of an existing project, new work, o oth? f. What is the approximate total disturbed land area resulting from the proposed project?ySq.Ft or IllAcres P.- CAS g. Will the proposed project encroach on any public easement, public accessway that the public has established use of? or other area ■Yes No ■ NA h. Describetillocation and type of existing and proposed discharges to waters of the state. ( i. Will wastewater or stormwater be discharged into a wetland? If yes, will this discharged water be of the same salinity as the receiving water? ■Yes ■ No MA • Yes ■ No A j. Is there any mitigation proposed? If yes, attach a mitigation proposal. DYes • No A <Form continues on back> _.038-° n'jam 6-1-aastag anc., _, Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application form, (MP -I) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (t) 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 /tfo ¶I,l "s {� a�� + a Phone No. ,l,1r,... .� ,.-zip,s Address 107 ...w +t` 0 S ll,r . tTa > j ECG i-i a z Name Dot,atr{ iivlc ,,t,r~ y � Phone No. Address c D Q'�.L',it� fAv , i'D AL Bestal, �i(C.- 2,0i L Name Kv kettle__ Phone No. 4 E C —cc, 0 a j 7 Address kigC3S ply Vr", c1 J 0k1(,,2,7(b"I g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. 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 applicatio is truthful to the best of my knowledge. Date � r / _O`Z k Print Name e-Ar -S tfdio Omeif cf (SR4i1( Signature Dennis 5_ SwlnkiMar ID,2 in.,1E5;, Please indicate application attachments pertaining to your proposed project. CM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development ❑DCM MP-4 Structures Information Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) 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. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Channel (NLW or NWL) Canal Boat Basin Boat Ramp Rock Groin Rock Breakwater Other (excluding shoreline stabilization) Length Width Avg. Existing Depth NA NA Final Project Depth NA NA 1. EXCAVATION his section not applicable a. Amount of material to be excavated from below NHW or NWL in cubic yards. b. Type of material to be excavated/ c. (i) Does the area to be excavated include coastal wetlands/marsh d. High -ground excavation in cubic yards. (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 OWL ❑None (ii) Describe the purpose of the excavation in these areas: 2. DISPOSAL OF EXCAVATED MATERIAL This section not applicable a. Location of disposal area. b. Dimensions of disposal area. c. (i) Do you claim title to disposal area? ['Yes ❑No DNA (ii) If no, attach a letter granting permission from the owner. e. (i) Does the disposal area include any 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 OWL ❑None (ii) Describe the purpose of disposal in these areas: d. (i) Will a disposal area be available for future maintenance? ❑Yes ❑No DNA (ii) If yes, where? f. (i) Does the disposal include any area in the water? Dies ❑No DNA (ii) If yes, how much water area is affected? 3. SHORELINE STABILIZATION (if development is a wood groin, use MP-4 — Structures) a. Type of shoreline stabilization: ulkhead ❑Riprap ❑Breakwater/Sill ['Other: „,tf3 �r1Rfi'1� _ c. Average distance waterward Appc`, 5 e. Type of stabilization material: 9. V v\ / S ksz.e\- NWL: Number of square feet of fill to be placed below water level. Bulkhead backfill Gu ° Riprap Breakwater/Sill Other Source of fill material. b. d. f. h. Type of fill material. C;t Do-t ❑This section not applicable Length:"` GS + ''y; 5' = Net-, Lut e Width: Za Maximum distance waterward o NHW r NWL: e '�d'' �.1CiS^Ja aea ir (i) Has there been shoreline erosion during preceding 12 months? 16Yes ❑No DNA (ii) If yes, state amount of erosion and source of erosion amount information. t° Y`ic6 dte..1. ✓ -u4- -jc*n (Qt r i- c c4^44 4 te) takid f cakr 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) ❑This section not applicable a. (i) Will fill material be brought to the site? If yes, (ii) Amount of material to be placed in the water 141/4 Sre (iii) Dimensions of fill area LWtX.)!0+1'`"w � `( (iv) Purpose of fill Yes DNo DNA 6111/ cA-4.% o ce440 b. (i) Will fill material be placed in 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. DCW ❑SAV SB i °USc. (4- OWL ❑None +ea (ii) Describe the purpose of the fill in these areas: c4-4a(- c i i iiS�. prof,°s' �rzSk 5. GENERAL a. How will excavated or fill material be kepteon site and erosiog b. controlled? tjtiA, L Ilk (ems( GEC rk i' �Cx i o IgG)J � ° S 31 z 00, S'r't ' I - CL 11 iv? litw p' c. {i) Will na ' °onal aids be required as a result of the project? :Wes No DNA (ii) If yes, xpl iq what type and how they will be implemented. What type of construction equipment will be used (e.g., dragline, backhoe, or hydraulic dredge)? F)a vesvar j ,cFtrz t Vflu c-) d. (i) Will wetlands site? DYes ossed in transporting equipment to project No DNA (ii) If yes, expl<" steps that will be taken to avoid or minimize environmental impacts. Date 3//1/2-0 Project Name Applicant Name rt if EL i�t•1 OtAD Prfiri4o Applicant Signature Dejlifir S SWiek Dennis S. Swink (Mar 10,.202118:51 EST) Trmcki Arvtief, _ tr." 1-= Aura $qp..! sa Za111110.4:Wr,Z.7.1d ktfr „,„1 ars.waltks.--41(hz-x=re, 1 01,1-1r1P.R.ept(e.tatrasam . • • Ocort81.4wm....,tdmatt ▪ r-vka.m3ira-wp.N.q. rs - la,55 • t 'CIAISAPMf..; ,tv _ 4;412 „ P.* • rd. 1:3 OAtottZgliatra...are 90-04ie r.:77 4 $ F '5 rt.! fotriedmad 044-- =.4 • .s4 TasA [2,-,...,.t. , ,.-----------. „, T, C.1 TPQ . i 4 IS, Wag- - ' 7 7;77 Posttilt. f37-11C/21.320 -!! t ft,,c.P1 4 ilfew. ''' . ........ .. ... CERTIFIED MAIL • RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM Name of Property Owner. CADD Properties, LLC (Dennis S. Swink) Address of Property: 105 Swordfish Dr. - Holden Beach, NC 28462 - (Brunswick County) (Lot or Street #, Street or Road, City & County) Agent's Name #: H5 Construction Agent's phone #: 910-88° 4381 Mailing Address: 2164 Holden Beach Rd. Supply, NC 28462 hereby certify that' I own property adjacent to the above referenced property. The individual applying for this permit has described to rime as shown on the attached drawing the development they are proposing. A descf#Dtton..ordraWtfl withiS4etter. I have no objections to this proposal. I have objections to this proposal. If you have objections to what is being proposed, you must notify the Division of Coastal Management (DCM) in writing_ within 10 days of receipt of this notice. Contact information for DCM offices is available at httpilwww. nccoastafmanaaement netfweb/cm/staff-listing or by calling 1-888-4RCOA ST. No response is considered the same as no objection if you have been notified by Certified Mail. WAIVER SECTION I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, or lift must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) I do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement. A1.ver"' operty Own information Signature Dennis S. Swink Print or Type Name 6004 Percheron Trail Mailing Address Summerfield, NC 27358 City/State/Zip (336) 643-6307 / cswinklic'r7triad.rr.com Telephone Number/ Email Address January 10, 2020 perry Owner Information) Signature YOniAk Mc-Evct\e.\) Print or Type Namemt% vs9:#957 y Mailing Address lt 1 Raiekiln , ;7470 City/State/Zip Ctq"5-Ot2- 1734 Telephone Number/ Email Address Date Date (Revised Aug. 204) 1.() (OD CLtAies Luc anendsf6Cleskimes lisfikwicr,oflioods . 08-1,41116-10:13:42.000 Brunswick ..Caunky..•.11C He mums .STre,::'S9B.40 41146431.2) LAW ague ZiPadoesoldocamentapaiotiatwatgasdign ,--- 00110142400..0.40; WOO' *Oa Crios-isis 0313.42..1300. sown* MR' • 2- of 3•• STATE OF NORTH CAROLINA GENERAL WARRANTY DEED comrtY OF BRUNSWICK REVENUE STAMPS:- $ PARCEL* 246AE031 DRAWN BY AND ETURNED TO: KIRBY LAW FIRM, PLLC BRIEF:LEGAL:: ..Lot.7,..HarborAeres This deed, made and entered into this 4day of Isyusti , 2016, by and between STEVEN D.JOHNSON, Tnestee of the Steven D.Johnson Revocable Trost dated March -8, 2013 (mailing address; 620 Crubbery lane, Raleigh NC 27609) the Grantor(s), and CADD PROPERTIES, 11C, a "Lve--- Limited Liability Company, the GranteeK whoseaddtrm 6t:Se7ror .14/.4.44e77,ftia .67truormerf.tott21 :sk-1,941? wrriessETH THAT, whereas, the Trust was properly established by Trust Agreement daosd March 8, 2013 THAT, by said Agreement, STEVEN D. JOHNSON was appointed as Original Trustee(s) ofsaid Trust; and. THAT, STYLVP2ID..RAINSON hasnot reaigted or been replaced as Trusteek and MAT, SrEVEN D. JOHNSON- compos mends; and THAT, the Trust Agreement establishes that the Trust does contain the real property herein described and that the Trustee has the power and authmity to cenvey, without the joinder of another, the real properly contained in the Thug and 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 k•t or panel of land located in :the -county -of BRUNSW1C3C, Stem rfNOIITH CAROLINA, more partiodarly-describert as follows: BeZ.us sfl-Of Lot .Nenther 'Seven -(7) M the -Harbor -Awes Inyont for the Cataatil Development 'Corporation . at -Holden Beach, Brunsevick Couu4y, North Caredina, as per Air thereofty C.D. Berry, Register& lima Survey,: dated July301965 in Map 13oOk8- at Page 13 in the Office of the Register of Deeds for Brunswick County, North Carolina to which plat reference is hereby made for greater certainty ofileacription. The property hemin described is not the mimary residence of the Grantor. To have and to hold the aforesaidtot or parcel, together with all- privileges and appurtenances thereto, heretofore belonging.* the GeantwinfoesimS1e. The Grantor coveruntswith the Gleirtee, that the .0nuitor is seized ofthepremisesin 'fee simple, has the right to convey the same in fee gimple, that the title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful -VInittu ofall persernanihomeamtexceptfot the exceptions berelindlernatted. Title to the preperty haat:above desenThedis .subject to the folloWingeoeptions: The proViSions. of all applicable-zontag. and land nue .rg.gi fti siattatesesd regulations; 2016 ad NtgareMlaxeS; andallapplicablerestrictive c.ovenantsindratty-easementsofsecord. D EED 0 r CjrkAi2t) 111111111111111111111111111111 PIC P0418 Brenda M. Cle(:.ons 111PROP Brunswick County NC Register of Deeds pace 1 of 3 Brenda M. Clemons Register of Deeds 04-16-2018 16:02:57.000 Brunswick County, NC NC REVENUE STAMP: $770.00 (4578250) ieturn t Type fatal Rev Int. $ Ck # D Cash $ lefund Cash $ Finance Portions of document are illegible due to condition of original. 3 Document contains seals verified by original instrument that cannot be reproduced or copied. STATE OF NORTH CAROLINA GENERAL WARRANTY DEED COUNTY OF BRUNSWICK REVENUE STAMPS: $ tr70.°° PARCEL #: 246AE029 DRAWN BY: RETURNED TO: KIRBY LAW FIRM, PLLC KIRBY LAW FIRM PLLC BRIEF LEGAL: Lot 2, Harbor Acres This deed, made and entered into this/(di, day of , 2018, by and between WILLIAM LEE SMITH and El IZABETH SARVIS SMITH, Co -Trustees of the William and Elizabeth Smith Joint Revocable Living Trust dated October 12, 2017 (mailing address: 3210 Channelside Dr SW, Supply NC 28462) the Grantor(s), and DONALD E. MCBURNEY and wife ATHENA C. KELLOGG, the Grantee(s), whose address is: 9 5 NI My Rthiy, A/6 7(-OY WITNESSETH THAT, whereas, the Trust was properly established by Trust Agreement dated October 12, 2017; and THAT, by said Agreement, WILLIAM LEE SMITH and ELIZABETH SARVIS SMITH were appointed as Original Trustee(s) of said Trust; and THAT, WILLIAM LEE SMITH and ELIZABETH SARVIS SMITH have not resigned or been replaced as Trustee(s); and THAT, WILLIAM LEE SMITH and ELIZABETH SARVIS SMITH are compos memis; and THAT, the Trust Agreement establishes that the Trust does contain the real property herein described and that the remaining Trustee has the power and authority to convey, without the joinder of another, the real property contained in the Trust; and 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 located in the county of BRUNSWICK, State of NORTH CAROLINA, more particularly described as follows: BEING ALL OF LOT 2, OF THE HARBOR ACRES LAYOUT FOR THE COASTAL DEVELOPMENT CORPORATION AT HOLDEN BEACH, BRUNSWICK COUNTY,' NORTH CAROLINA AS PER PLAT THEREOF BY C.B. BERRY, R.L.S., DATED JULY 30, 1965, RECORDED IN MAP BOOK 8 AT PAGE 13 IN THE OFFICE OF THE REGISTER OF DEEDS OF BRUNSWICK COUNTY, NORTH CAROLINA, TO WHICH PLAT REFERENCE IS HEREBY MADE FOR GREATER CERTAINTY OF DESCRIPTION. The property herein described is not the primary residence of the Grantor. To have and to hold the aforesaid lot or parcel, together with all privileges and appurtenances thereto, heretofore belonging to the Grantor in fee simple. The Grantor covenants with the Grantee, that the Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that the 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 whomever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: The provisions of all applicable zoning and land use ordinances, statutes and regulations; 2018 ad valorem taxes; and all applicable restrictive covenants and utility easements of record. IIIIIIIIIIIIIIIIIIILNI{IIHIIII1I111 84042 P042 6 i1111PR P Brunswick County, NC Register of Deeds page 3 of 3 EXHIBIT A STA I OF NORTH CAROLINA. COUNTY OF BRUNSWICK CERI"IPICATION OF TRUST We, the undersigned, being fully sworn and deposed state that: 1. We are the Co -Trustees of the William and Elizabeth Smith Joint Revocable Living Trust dated October 12, 2017. 2. We, as the Trustees, have the express power pursuant to the aforesaid Trust, to grant, bargain, sell, convey and dispose of the real property described herein; 3. We certify that the trust was lawfully created, is still in full force and effect and has not been revoked by the Trustee, Settlor, or Beneficiary. 4. We are the sole trustees of the Trust. 5. We acknowledge that this certification given, in part, to induce third parties (including title insurance companies, purchasers and attorneys) to rely upon its contents and to certify title to 880 Ocean Blvd West, Holden Beach NC 28462 (aka Lot 2, Harbor Acres, described in Map Book 8 at Page 13, Brunswick County Registry). 6. All persons and entities may relay upon this Certificate and its contents and shall be held harmless for any loss or liability resulting from such reliance. A copy of this certificate shall be just as valid as the original. This the / day of , 2018. (SEAL) WILLas Co -Trustee of the William and Elizabeth Smith Joint Revocable Living Trust dated Octaber 12, 2017 (SEAL) ELI7.3ETH SARVIS SMITH as Co -Trustee of the William and Elizabeth Smith Joint Revocable Living Trust dated October 12, 2017 Swor and subscribed before me this the Milday of icipril , 2018 (SEAL) My Commission Expires: Le [SEAL] 0930533317 199 3053,2.e? 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