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HomeMy WebLinkAbout20090229 Ver 3_More Info Received_20130128ENVIRONMENTAL PROFESSIONALS, INC. Planning for a Better Environment P.O. Box 3368 Kill Devil Hills, NC 27948 Telephone: 252 - 441 -0239 Fax: 252 - 441 -0721 Email: obxwood @yahoo.com To: NC Division of Water Quality Surface Water Protection Attn: Mr. Scott Vinson 943 Washington Square Mall Washington, NC 27889 ATTACHED , t'.)I\a-Nt %' 1#Xr1Z .: ► yul /r s DATE: January 28, 2013 JOB NO.: 06- 161 -PT RE: Heritage of Faith Family Church COPIES DATE DESCRIPTION OF DOCUMENTS t 1 -23 -13 Stormwater Management Application Form 1 1 -16 -13 Personal Account Information Redacted ` DWQ USE ONLY Date Received Fee Paid Permit Number Applicable Rules: ❑ Coastal SW -1995 ❑ Coastal SW - 2008 ❑ Ph II - Post Construction (select all that apply) ❑ Non - Coastal SW- HQW /ORW Waters ❑ Universal Stormwater Management Plan ❑ Other WQ Mgmt Plan: State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM This form may be photocopied for use as an original I. GENERAL INFORMATION 1. Project Name (subdivision, facility, or establishment name - should be consistent with project name on plans, specifications, letters, operation and maintenance agreements, etc.): Heritage of Faith Family Church LLC 2. Location of Project (street address): 51209 NC Hwy 12 City:Frisco County:Dare Zip:27936 3. Directions to project (from nearest major intersection): Follow NC 12 South 53 miles from Whalebone Junction in Nags Head. Property is on the left (south side NC 12) 4. Latitude:75° 35' 49.7508" N Longitude:35° 15'9.0174" W of the main entrance to the project. II. PERMIT INFORMATION: 1. a. Specify whether project is (check one): ®New ❑Modification ❑ Renewal w/ Modificationt tReneu,als zoith modifications also requires SWU -102 — Renewal Application Form b. If this application is being submitted as the result of a modification to an existing permit, list the existing permit numberN /A , its issue date (if known) ' and the status of construction: ❑Not Started ❑Partially Completed* ❑ Completed* *provide a designer's certification 2. Specify the type of project (check one): ®Low Density ❑High Density ❑Drains to an Offsite Stormwater System ❑Other 3. If this application is being submitted as the result of a previously returned application or a letter from DWQ requesting a state stormwater management permit application, list the stormwater project number, if assigned, SW7121111 and the previous name of the project, if different than currently proposed, Frisco Community Church 4. a. Additional Project Requirements (check applicable blanks; information on required state permits can be obtained by contacting the Customer Service Center at 1- 877 - 623 - 6748): ❑CAMA Major ®Sedimentation /Erosion Control: 1.3 ac of Disturbed Area ❑NPDES Industrial Stormwater ®404/401 Permit: Proposed Impacts 0.64 ac. b. If any of these permits have already been acquired please provide the Project Name, Project/ Permit Number, issue date and the type of each permit: Heritage of Faith Family Church Inc. - Section 404 -Action ID SAW 5. Is the project located within 5 miles of a public airport? ❑No If yes, see S.L. 2012 -200, Part VI: http: / /portal.ncdenr.< Form SWU -101 Version 06Aug2012 Page 1 of 6 on 7 es r _ Icy vs su tat sw rules laws ;v 010 +3 Q�NR --WATER QUAUTY III. CONTACT INFORMATION 1. a. Print Applicant / Signing Official's name and title (specifically the developer, property owner, lessee, designated government official, individual, etc. who owns the project): Applicant/ Organization: Heritage of Faith Family Church LLC Signing Official & Title:Reverend William David Stowe b. Contact information for person listed in item 1a above: Street Address:51209 NC Hwy 12 City:Frisco State:NC Zip:27936 Mailing Address (if applicable):P.O. Box 297 City:Buxton Phone: (252 ) 305 -2564 Email: State:NC Zip:27920 Fax: (252 ) 995 -6559 c. Please check the appropriate box. The applicant listed above is: ® The property owner (Skip to Contact Information, item 3a) ❑ Lessee* (Attach a copy of the lease agreement and complete Contact Information, item 2a and 2b below) ❑ Purchaser* (Attach a copy of the pending sales agreement and complete Contact Information, item 2a and 2b below) ❑ Developer* (Complete Contact Information, item 2a and 2b below.) 2. a. Print Property Owner's name and title below, if you are the lessee, purchaser or developer. (This is the person who owns the property that the project is located on): Property Owner/ Organization: Signing Official & Title: b. Contact information for person listed in item 2a above: Street Address: City: State: Zip: Mailing Address (if applicable): City: State: Zip: Phone: ( L Fax: Email: 3. a. (Optional) Print the name and title of another contact such as the project's construction supervisor or other person who can answer questions about the project: Other Contact Person/ Organization:__ Signing Official & Title: b. Contact information for person listed in item 3a above: Mailing City: State: Form SWU -101 Version 06Aug2012 Page 2 of 7 Zip: Phone: ( 1 Fax: Email: 4. Local jurisdiction for building permits: Dare County Point of Contact:lames 'Buddy" Shelton IV. PROJECT INFORMATION Phone #: (252 ) 475 -5872 1. In the space provided below, briefl summarize how the stormwater runoff will be treated. infiltration 2. a. If claiming vested rights, identify the supporting documents provided and the date they were approved: ❑ Approval of a Site Specific Development Plan or PUD Approval Date: ❑ Valid Building Permit Issued Date: ❑ Other: Date: b. If claiming vested rights, identify the regulation(s) the project has been designed in accordance with: ❑ Coastal SW - 1995 ❑ Ph II - Post Construction 3. Stormwater runoff from this project drains to the Atlantic Ocean River basin. 4. Total Property Area: 3.0 acres 5. Total Coastal Wetlands Area: 0 acres 6. Total Surface Water Area: 0 acres 7. Total Property Area (4) - Total Coastal Wetlands Area (5) - Total Surface Water Area (6) = Total Project Area +: 3.0 acres + Total project area shall be calculated to exclude the following: the normal pool o impounded structures, the area between the banks of streams and rivers, the area below the Normal High Water of line or Mean High Water (MHW) line, and coastal wetlands landward from the NHW (or MHi9 line. The resultant project area is used to calculate overall percent built upon area (B 1.1A). Non - coastal wetlands landward of the NHW (or MHW) line may be included in the total project area. 8. Project percent of impervious area: (Total Impervious Area / Total Project Area) X 100 = 24 % 9. How many drainage areas does the project have ?1 (For high density, count 1 for each proposed engineered stormwater BMP. For low density and other projects, use 1 for the whole property area) 10. Complete the following information for each drainage area identified in Project Information item 9. If there are more than four drainage areas in the project, attach an additional sheet with the information for each area provided in the same format as below. Form SWU -101 Version 06Aug2012 Page 3 of 7 Basin Information Drainage Area _ Drainage Area _ Drainage Area _ Drainage Area Receiving Stream Name Atlantic Ocean Stream Class * SB Stream Index Number * 21,931 Total Drainage Area (so On -site Drainage Area (so Off -site Drainage Area (so Proposed Impervious Area ** (so 31,331 Impervious Area ** total 24 lm pervious** Surface Area Drainage Area _ Drainage Area _ Drainage Area _ Drainage Area _ On -site Buildings/ Lots (so 9,400 On -site Streets (so On -site Parking (so 21,931 On -site Sidewalks (so Other on -site (sf) Future (sf) Off -site (so Existing BUA * ** (so Total (so: 31,331 * Stream Class and Index Number can be determined at: http:/fportal.rccdettr.org ?eb/ivq&s/csu/classi cations * Impervious area is defined as the built upon area including, but not limited to, buildings, roads, parking areas, sidewalks, gravel areas, etc. 'Report only that amount of existing BUA that will remain after development. Do not report any existing BUA that is to be removed and which will be replaced by new BUA. 11. How was the off -site impervious area listed above determined? Provide documentation. AutoCadd Proiects in Union County: Contact DWQ Central Office staff to check if the project is located within a Threatened & Endangered Species watershed that may be subject to more stringent stormwater requirements as per 15A NCAC 02B. 0600. V. SUPPLEMENT AND O &M FORMS The applicable state stormwater management permit supplement and operation and maintenance (O &M) forms must be submitted for each BMP specified for this project. The latest versions of the forms can be downloaded from htW: // portal .ncdenr.org /web /wq /ws /su /bmp- manual. VI. SUBMITTAL REQUIREMENTS Only complete application packages will be accepted and reviewed by the Division of Water Quality (DWQ). A complete package includes all of the items listed below. A detailed application instruction sheet and BMP checklists are available from http: / /12ortal.ncdenr.org/ web /wq /ws /su /statesw /forms does. The complete application package should be submitted to the appropriate DWQ Office. (The appropriate office may be found by locating project on the interactive online map at http: / /portal.ncdenr.org /web /wq /ws /su /maps.) Please indicate that the following required information have been provided by initialing in the space provided for each item. All original documents MUST be signed and initialed in blue ink. Download the latest versions for each submitted application package from http: / / / /portal.ncdenr.org /web /wq /ws /su /statesw /forms does. In'tia 1. Original and one copy of the Stormwater Management Permit Application Form. 2. Original and one copy of the signed and notarized Deed Restrictions & Protective Covenants NA Form. (if required as per Part VII below) 3. Original of the applicable Supplement Form(s) (sealed, signed and dated) and O &M lJl� agreement(s) for each BMP. 4. Permit application processing fee of $505 payable to NCDENR. (For an Express review, refer to hgp:// www. envhelp .org/pages /onestopexpress.htrnl for information on the Express program and the associated fees. Contact the appropriate regional office Express Permit Coordinator for additional information and to schedule the required application meeting.) Form SWU -101 Version 06Aug2012 Page 4 of 7 5. A detailed narrative (one to two pages) describing the stormwater treatment /managementfor_ the project. This is required in addition to the brief summary provided in the Project Information, item 1. 6. A USGS map identifying the site location. If the receiving stream is reported as class SA or the _4414^ receiving stream drains to class SA waters within 1/2 mile of the site boundary, include the 1/2 mile radius on the map. I 7. Sealed, signed and dated calculations (one copy). N { A — 8. Two sets of plans folded to 8.5" x 14" (sealed, signed, & dated), including: — a. Development/ Project name. b. Engineer and firm. c. Location map with named streets and NCSR numbers. d. Legend. e. North arrow. f. Scale. g. Revision number and dates. h. Identify all surface waters on the plans by delineating the normal pool elevation of impounded structures, the banks of streams and rivers, the MHW or NHW line of tidal waters, and any coastal wetlands landward of the MHW or NHW lines. • Delineate the vegetated buffer landward from the normal pool elevation of impounded structures, the banks of streams or rivers, and the MHW (or NHW) of tidal waters. i. Dimensioned property/ project boundary with bearings & distances. j. Site Layout with all BUA identified and dimensioned. k. Existing contours, proposed contours, spot elevations, finished floor elevations. 1. Details of roads, drainage features, collection systems, and stormwater control measures. m. Wetlands delineated, or a note on the plans that none exist. (Must be delineated by a qualified person. Provide documentation of qualifications and identify the person who made the determination on the plans. n. Existing drainage (including off - site), drainage easements, pipe sizes, runoff calculations. o. Drainage areas delineated (included in the main set of plans, not as a separate document). p. Vegetated buffers (where required). 9. Copy of any applicable soils report with the associated SHWT elevations (Please identify elevations in addition to depths) as well as a map of the boring locations with the existing elevations and boring logs. Include an 8.5'x11' copy of the NRCS County Soils map with the project area clearly delineated. For projects with infiltration BMPs, the report should also include the soil type, expected infiltration rate, and the method of determining the infiltration rate. (Infiltration Devices submitted to WiRO: Schedule a site visit for DWQ to verify the SHVVT prior to submittal, (910) 796- 7378.) _ 10. A copy of the most current property deed. Deed book: J 71 3 Page No: �) 7 11. For corporations and limited liability corporations (LLC): Provide documentation from the NC hJ1A- Secretary of State or other official documentation, which supports the titles and positions held by the persons listed in Contact Information, item 1a, 2a, and /or 3a per 15A NCAC 2H.1003(e). The corporation or LLC must be listed as an active corporation in good standing with the NC Secretary of State, otherwise the application will be returned. h!W://www.secretary.state.nc.us/Corporations/CSearch.aspx VII. DEED RESTRICTIONS AND PROTECTIVE COVENANTS For all subdivisions, outparcels, and future development, the appropriate property restrictions and protective covenants are required to be recorded prior to the sale of any lot. If lot sizes vary significantly or the proposed BUA allocations vary, a table listing each lot number, lot size, and the allowable built -upon area must be provided as an attachment to the completed and notarized deed restriction form. The appropriate deed restrictions and protective covenants forms can be downloaded from h!W://portal.ncdenr.org/web/wq/ws/su/­stateswZfornis does. Download the latest versions for each submittal. In the instances where the applicant is different than the property owner, it is the responsibility of the property owner to sign the deed restrictions and protective covenants form while the applicant is responsible for ensuring that the deed restrictions are recorded. By the notarized signature(s) below, the permit holder(s) certify that the recorded property restrictions and protective covenants for this project, if required, shall include all the items required in the permit and listed on the forms available on the website, that the covenants will be binding on all parties and persons claiming under them, that they will run with the land, that the required covenants cannot be changed or deleted without concurrence from the NC DWQ and that they will be recorded prior to the sale of any lot. Form SWU -101 Version 06Aug2012 Page 5 of 7 VIII. CONSULTANT INFORMATION AND AUTHORIZATION Applicant: Complete this section if you wish to designate authority to another individual and /or firm (such as a consulting engineer and /or firm) so that they may provide information on your behalf for this project (such as addressing requests for additional information). Consulting Engineer: Consulting Firm: Mailing Address: City: State: Phone:( ) Fax: Email: Zip: IX. PROPERTY OWNER AUTHORIZATION (if Contact Information, item 2 has been filled out, complete this section) I, (print or hjpe name of person listed in Contact Information, item 2a) , certify that I own the property identified in this permit application, and thus give permission to (print or type name of person listed in Contact Information, item la) with (print or type name of organization listed in Contact Information, item Ia) to develop the project as currently proposed. A copy of the lease agreement or pending property sales contract has been provided with the submittal, which indicates the party responsible for the operation and maintenance of the stormwater system. As the legal property owner I acknowledge, understand, and agree by my signature below, that if my designated agent (entity listed in Contact Information, item 1) dissolves their company and /or cancels or defaults on their lease agreement, or pending sale, responsibility for compliance with the DWQ Stormwater permit reverts back to me, the property owner. As the property owner, it is my responsibility to notify DWQ immediately and submit a completed Name /Ownership Change Form within 30 days; otherwise I will be operating a stormwater treatment facility without a valid permit. I understand that the operation of a stormwater treatment facility without a valid permit is a violation of NC General Statue 143 -215.1 and may result in appropriate enforcement action including the assessment of civil penaltiesAf up to $25,000 per day, pursuant to NCGS 143 - 215.6. Date: % — Z 3 , t ke a 4 • C� e a Notary Public for the State of Nd.s h (-4,- /i0E-ounty of do hereby certify that )i //i d �Lk yiQ Jc T_!D C» personally appeared before me thit?�2 �day of and ackn wledge the due execution of the application for a stormwater permit. Witness my hand and official seal, ` O� A(1 E3l d SEAL My commission expires /,0 - 4 - a?D /t3 Form SWU -101 Version 06Aug2012 Page 6 of 7 X. APPLICANT'S CERTIFICATION I, (print or hype name of person listed in Contact Information, item 1a) �',1� { j { u •�Y1 Dc-y, o certify that the information included on this permit application form is, to the best of my knowledge, correct and that the project will be constructed in conformance with the approved plans, that the required deed restrictions and protective covenants will be recorded, and that the proposed project complies with the requirements of the applicable stormwater rules under 15A NCAC 2H .1000 and any other applicable state stormwater requirements. Signature: Date: I, a h leen A. Ca-0 �,� , a Notary Public for the State of NO rr+ h (d rd)lk ., County of �a,re-, do hereby certify that*'�,!� m �� personally appeared before me this O day of an4ac ow ledge the due execution of the application for a stormwater permit. Witness my hand and official seal, .� EN A C, r Qiy ^- U:y 20 SEAL My commission expires / P b -_,2 613 Form SWU -101 Version 06Aug2012 Page 7 of 7 f_ t G �W i i- t i I ` ay w w x I 'r [I F* ~� This Snd survey r„ep v.1as compiled by the U.S. Department, of Agriculture, Soil Conservation Service. and cooperating agencies. Base maps are orthopholographs prepared by the U.S. Department of the Interior, Geological Survey, from 1974 - 1982 aerial photography. Cuordinate grid ticks and land division 6 rners, if shown. are approximately positioned. Brooks Point Kings Point (!� i., .-;-- e CnA (Joins sheet 22) r 44 w �rD -r FrD nom\ V � 5 OOO 4 000 3 000 2 COO OCO 0 5 000 Pe Scale 1:24 000 ILI CnA (Joins sheet 22) r 44 w �rD -r FrD nom\ V � 5 OOO 4 000 3 000 2 COO OCO 0 5 000 Pe Scale 1:24 000 Personal Account Information Redacted Project Narrative Heritage of Faith Family Church, Inc. Frisco, Dare County, North Carolina Re: US Army Corps of Engineers' Individual Permit Application ACTION ID NO. SAW- 2009 -00051 Backeround The Heritage of Faith Family Church is currently housed in a leased building in Frisco, NC. The Church has grown in their attendance which makes it necessary to move to new facilities in order to provide the services to the church family. The church was not able to locate to another building because one that would serve their growing church was not available. A church member gifted a parcel of land to the church for the construction of a new church facility. This donated land has a highground ridge located on the north side of the parcel which was identified during a May 2008 wetland delineation by Environmental Professionals, Inc. and approved by US Army Corps of Engineers Action ID No. SAW- 2009 -00051 on January 7, 2009. The highground ridge was determined to be large enough for the septic system and repair areas, but additional highground was required for construction of the church building, required parking areas, drive aisles, and sewage setbacks. 2. Proiect A proposed project was submitted for consideration in 2009 and consisted of the transformation of a wooded parcel into a church site. Activities included the partial clearing of vegetation on highground and a portion of the wetland area, fill of 1.0 acres of 404 wetlands, grading and construction of buildings, parking, septic systems, and re- vegetation/stabilization of disturbed areas. This plan was submitted for review, and a request was made to consider further reductions of impacts resulting in the current proposal. Due to limited highground on the parcel, some fill in wetlands is still necessary in order to accommodate the building, required parking and grading in order to allow for the structures to be built within the minimum building limits. The existing highground exists on the north side of the property along the road front and the required septic /septic repair areas, driveways and parking areas will incorporate most of this area. The proposed project now reflects a reduction to 27,878 square feet of fill in wetlands in order to provide an adequate area that will accommodate the building area, parking, setbacks for the sewage disposal system, and infiltration of stormwater runoff over vegetated areas. In addition, an adjoining one acre of mixed upland/wetlands was acquired to be placed in perpetual easement in addition to the proposed mitigation by purchase of credits from the North Carolina Ecosystem Enhancement Program (NCEEP) to mitigate for the unavoidable impacts. No future wetland fill requests are foreseen or will be required for this project 3. Areas of Environmental Concern The project is located in a wooded area of Hatteras Island and does not adjoin any bodies of Section 10 waters. In order to assess whether the project required a CAMA Major Development Permit, it was necessary to determine if the project impacted Areas of Environmental Concern (AECs) as defined in the North Carolina Administrative Code 15A NCAC 07H. Although there are numerous AECs, the ones that are most applicable for this area include coastal wetlands, estuarine waters, estuarine shorelines, public trust, and outstanding resource waters. It was determined that none of the AECs are to be impacted by the proposed activities. 0 Excise Tax: NORTH CAROLINA GENERAL WARRANTY DEED Parcel Identification No. 008613003 Verified by _ County on the _ day of , 20 Mail/Box to: Grantee This instrument was prepared by: Christopher L. Seawell Brief description for the Index: Parcel in the Village of Frisco THIS DEED made this 13th day of December, 2007, by and between: GRANTOR GRANTEE SMITH -DARE PROPERTIES, LLC, FRISCO COMMUNITY CHURCH, an a North Carolina limited unincorporated association, liability company P. 0. Box 458 Frisco, NC 27936 THIS IS A DEED OF GIFT. The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, Plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in the Village of Frisco, Hatteras Township, Dare County, North Carolina and more particularly described in Exhibit "A" attached. The property hereinabove described was acquired by Grantor by instrument recorded in Book , Page , Dare County Registry, A map showing the above described property is recorded in Map Book Pa e g 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, provided, however, that in the event said property ceases to be used as a Christian church, this property shall automatically revert to the Grantor, its successors and assigns. This reversion shall terminate sixty (60) years from the date of this deed. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, and 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, other than the following exceptions: Easements and restrictions appearing of record, and all zoning ordinances and other land regulations applicable thereto, and the possible reversion set out in this deed. IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above written. SMITH -DARE PROPERTIES, LLC BY: H. T. Smith & Company, its manager BY: STATE OF COUNTY /CITY OF Terrell Smith, Jr., President (SEAL) I, the undersigned Notary Public of the County and State aforesaid, certify that Terrell Smith, Jr. personally came before me this day and acknowledged that he is the President of H. T. Smith & Company, a Georgia corporation, and that by authority duly given and as the act of the corporation in its capacity as Manager of Smith -Dare Properties, LLC, a North Carolina limited liability company, and that by authority duly given and as the act of the corporation, he signed the foregoing instrument in its name on its behalf as its act and deed. Witness my hand and Notarial stamp or seal this the day of December, 2007. My commission expires: Notary Public (NOTARY STAMP /SEAL) EXHIBIT "A" BEGINNING at an existing iron stake or other marker located in the South margin or right -of -way of N.C. Highway 12, said road having a right -of -way of 60 feet at this point, said point of beginning being also located in the East line of property now or formerly owned by Myra Desch Tolson, said point of beginning being also located South 69 deg. 32 min. 20 sec. West 941.22 feet from GEO. Mon. "NC 12 -15 "; thence from said point of beginning along the East line of the aforesaid Tolson property South 36 deg. 35 min. 57 sec. East 269.84 feet to an iron pin or other marker; thence North 72 deg. 47 min. 39 sec. East 297.49 feet to a point; thence North 17 deg. 12 min. 21 sec. West 254.53 feet to a point located in the South margin or right -of- way of the aforesaid N.C. Highway 12; thence along the South margin or right -of -way of N.C. Highway 12 South 72 deg. 47 min. 39 sec. West 387.08 feet to the point and place of beginning. This being that certain property described and delineated on that plat entitled "Survey for Frisco Community Church Proposed Parcel 2 Trent Woods ", dated July 3, 2007, prepared by Freddy D. Rankin, Registered Surveyor, which map or plat is attached to and incorporated herein by reference. FJ(EMPT DARE COUNTY TAX COLLE TOR NO. - �ll��`U� � Excise Tax: Filed Book: 1733 Page: 217 Doe Id: 6233158 12/29/2007 030 1PM Reoelot •; 197998 Doc Code: DEED BARBARA M GRAY, REGISTER OF DEEDS DARE CO. NC NORTH CAROLINA GENERAL W Parcel Identification No. 008613003 Mail/Box to: This instrument was prepared by: Brief description for the Index: THIS DEED made this 13th day of December, GRANTOR SMITH -DARE PROPERTIES, LLC, C a North Carolina limited liability company lip _day of ,20! — Parcel 2 Trent Woods FRISCO COMMUNITY CHURCH, an unincorporated association, P. 0. Box 458 Frisco, NC 27936 S A DEED OF GIFT. The design 'on r tora d Grantee as used herein shall include said parties, th i uccessors, and assigns, and shall include singular, plural, mascu ie fem i e or neuter as required by context. WITNESSETH -V Grantor, for a valuable consideration paid by the Grantee, e c ipt of which is hereby acknowledged, has and by these presents d es gr bargain, sell and convey unto the Grantee in fee simple, all that c rtain of or parcel of land situated in the Village of Frisco, Batte�� o Dare County, North Carolina and more particularly des Fr ibit "A„ attached. erty/ herein above described was acquired by Grantor by instrument in Book , Page , Dare County Registry, hdfving the above described property is recorded in Map Book H Page 6233158 IIIIV{nN! Iuh Hl1111{ nl lull �Nl. IhN� Page: V2e,2oo7 e3:11P 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, provided, however, that in the event said property ceases to be used as a Christian church, this property shall automatically revert to the Grantor, its successors and assigns. This reversion shall terminate sixty (60) years from the date of this deed. And the Grantor covenants with the Grantee, that Grantor is seiz of the premises in fee simple, has the right to convey the same in e 1 Al and that title is marketable and free and clear of all encumOrApces, d that Grantor will warrant and defend the title against the 1 aims all persons whomsoever, other than the following exceptions: Easements and restrictions appearing of record, and all z i nances and other land regulations applicable thereto, and the p s v lion set out in this deed. �� \ \ IN WITNESS WHEREOF, the Grantor ha7RE ex ed t foregoing as of the day and year first above written. SMITH OPS T ES, LLC BY: H. T. Co_ ny, its manager STATE OF tom+ e0 r J'4 COUNTY /CITY OF I, the undersigned Notar certify that Terrell Sm}'tth, J acknowledged that he is t` Ij a P3 corporation, and that by a corporation in its capaCd Carolina limited liabi the act of the corporat its behalf as its /act a Witness my ha a 2007. My commission Nohry Pu Fulio , GA VNoo�e 6.2008 BY: (SEAL) Terrell Smi r., Preside Pu Li of the County and State aforesaid, r ly came before me this day and • d nt f H. T_ Smith & Company, a Georgia '10 my given and as the act of the taq n of Smith -Dare Properties, LLC, a.North and that by authority duly given,,�•nd as g d the foregoing instrument Ird name on �......: tam VNary eal this the •,,$� . Public U �_A ca :' t (NOTARY STAMP /SEAL) .,