HomeMy WebLinkAbout20100965 Ver 2_More Info Received_20210803 (2)Strickland, Bev
From: Bobby Billingsley <bobbybillingsley@thomasengineeringpa.com>
Sent: Tuesday, August 3, 2021 3:45 PM
To: Pullinger, Robert C
Subject: [External] Carolina Club Site (Craven Parcel ID 7-035-002) - Stream Determination
Application (1 of 2)
Attachments: DWQ 02 10 11 UT to Brices Creek.PDF; 2021_08_03
CarolinaClub_StreamCallRequest.pdf; StreamCallRequestForm_2013_WaRO.docx;
2021_08_03_KingAuthorizationSigned.pdf; 2327-688_LargeTract.pdf; 2327-692
SmallLot.pdf; TheTurfClubLLC_CorporateFilings.pdf; CarolinaClubQUADOverlay.pdf;
Carolina Club Soils Map w Site.pdf; CarolinaClubAerialOverlay.pdf;
BricesCreekStreamClass.pdf
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Chris please find attached documents for renew/update a stream call you did on this site (exempted) back in 2010/2011
(see first attachment for reference). We are planning a new subdivision on this property and would like to go ahead and
get the expired stream call updated, and then in the next month or two will be submitting for the other applicable
permits... likely by express review.
This site was apparently logged last year and is easily accessible, so you should not have a problem with it (with the
possible exception of the rain/monsoons we are currently having 0).
Please review all and let me know if you have questions. I am sending hard copies of all of this out to you in today's
mail. Hopefully I've included everything necessary so that this is straightforward. Note that I will send the preliminary
plan in a second email, just because the file size is too large to include in this first email. Let me know if you don't
receive both emails.
Thanks,
Bobby Billingsley, PE
BobbvBillingslev@ThomasEngineeringPA.com
ThomasEngi neeri ngPA.com
ilerACTHOMAS esr 7983
ENGINEERING, PA
Phs. Address: 1316-B Commerce Drive
New Bern, NC 28562
Mail Address: PO Box 1309
New Bern, NC 28563
Office : 252.772.8011
Mobile: 252.671.2408
Fax: 252.636.2448
1
Virus -free. www.avg.com
2
ENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Division of Water Quality
Coleen H. Sullins Dee Freeman
Director Secretary
February 10, 2011
DWQ Project # 2010-0965
Craven County
The Turf Club - John King
c/o Ernie Ensley, agent
310 Craven Street
New Bern, NC 28562
Subject Property: The Turf Club
UT to Brice's Creek, Neuse River Basin
On -Site Determination for Applicability to the Neuse River Riparian Area
Protection Rules (15A NCAC 2B .0233)
Dear Mr. Ensley:
On November 17, 2010, at your request I conducted an on -site determination to review a
drainage feature located on the subject property for applicability to the Neuse Buffer
Rules (15A NCAC 2B .0233). The project area is labeled as "2010-0965" on the
attached map initialed by me on February 10, 2011. The project is located on the east
side of US HWY 70, just south of the intersection of US HWY 70 and West Thurman
Road (SR 1116)
At your request, I conducted an on -site determination as stated above. During my review
I evaluated the stream using the DWQ Stream Classification Form. I evaluated the
stream reach and calculated the score to be 17 points. The form states that if the score is
"greater than or equal to 19 points the stream is at least intermittent".
The Division of Water Quality (DWQ) has determined that the surface water
highlighted in pink and labeled as "2010-0965" on the attached map is ephemeral
and is NOT SUBJECT to the Neuse Buffer Rule. This feature and its associated
buffers should be identified on any future plans for this property. The owner (or future
owners) should notify the DWQ (and other relevant agencies) of this decision in any
future correspondences concerning this property. This on -site determination shall expire
five (5) years from the date of this letter.
North Carolina Division of Water Quality
943 Washington Square Mall
Washington, NC 27889
Internet: wwwnewatcrqualitv,org
Phone: 252-946-6481
FAX 252-946-9215
An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper
NorthCarolina
Naturally
Page 2 of 2
Landowners or affected parties that dispute a determination made by the DWQ or
Delegated Local Authority that a surface water exists and that it is subject to the buffer
rule may request a determination by the Director. A request for a determination by the
Director shall be referred to the Director in writing c/o Cyndi Karoly, DWQ, 401
Oversight/Express Review Permitting Unit, 2321 Crabtree Blvd., Suite 250, Raleigh, NC
27604-2260. Individuals that dispute a determination by the DWQ or Delegated Local
Authority that "exempts" a surface water from the buffer rule may ask for an adjudicatory
hearing. You must act within 60 days of the date that you receive this letter. Applicants
are hereby notified that the 60-day statutory appeal time does not start until the affected
party (including downstream and adjacent landowners) is notified of this decision. DWQ
recommends that the applicant conduct this notification in order to be certain that third
party appeals are made in a timely manner. To ask for a hearing, send a written petition,
which conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This
determination is final and binding unless you ask for a hearing within 60 days.
This letter only addresses the applicability to the buffer rules and does not approve any
activity within the buffers. Nor does this letter approve any activity within Waters of the
United States or Waters of the State. If you have any additional questions or require
additional information please call me at (252) 948-3920.
Sincerely,
L
Chris Pullinger
Division of Water Quality
Surface Water Protection
Washington Regional Office
Enclosures: 1:24,000 scale USGS topographic map, New Bern quadrangle
cc: DWQ 401 Oversight/Express Unit
WaRO File Copy
USACE, Washington Field Office - Attn: William Wescott
WaRO DLR
Filename: 2010-0965
Copyright (C) 1997, Maptech, Inc.
THOMAS ENGINEERING, PA
www.thomasengineeringpa.com
1316-B Commerce Drive
Post Office Box 1309
New Bern, NC 28563
EMAILED & US MAIL #: 9405 5118 9956 1421 0716 55
Bobby Billingsley, Professional Engineer
bobb ybillingsle y@ thomasengineering pa. com
P: 252.637.2727
F: 252.636.2448
M: 252.677.2408
To: NCDEQ — DEMLR
Division of Water Resources — Water Quality Regional Operations
943 Washington Square Mall
Washington, NC 27889
Attn: Chris Pullinger
Environmental Specialist II
Re: Carolina Club Subdivision Site
Request for On -Site Stream Origin/Buffer Applicability Determination
New Bern, Craven County, NC
2021-007
Dear Chris,
August 3, 2021
I hope you are doing well. Please find attached the documents required to update and renew the stream
determination for this project. You originally did this in late 2010/early 2011, however, the deterimation
has expired. Documentation on that is included for reference. We would like to update that document so
that the project is clean when we submit in the next few months for the other applicable permits.
Attached items include:
• One (1) completed Stream Origin/Buffer Applicability Determination application form.
• One (1) check (No. 15801) for $200.00 for the application fee (mailed only)
• One (1) signed Agent Authorization Form
• One (1) copy of the previous exemption documentation (DWQ Project # 2010-0965)
• One (1) copy of the property deeds
• One (1) copy of the LLC annual report documentation
• One (1) copy of the USGS QUAD map with site boundary overlaid
• One (1) copy of the Craven County Soils Map with site boundary overlaid
• One (1) copy of the site with the current aerial image overlaid
• One (1) copy of the Brice Creek receiving stream classification information
• One (1) copy of the preliminary plans for the subdivision
In brief, this project will be a high -density single family detached residential subdivision with
public sewer and water, and a planned large wet detention basin as the SCM. NCDOT will be
responsible for future roadway acceptance and maintenance.
Please review and let me know if you have any questions, concerns, or require additional documentation.
Thank you,
gd4 "714
Bobby Billingsley, PE
BobbyBillingsley@ThomasEngineeringPA.com
Attachments
ATA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Pat McCrory Water Quality Programs
Governor Thomas A. Reeder
Director
John E. Skvarla, III
Secretary
DWQ Use Only: Project #
Stream Origin/Buffer Applicability Determination
Required Information
1. Owner Information (corporation/individual who is legally responsible for the property and its compliance)
la. Name(s) on Recorded Deed
The Turf Club, LLC
1b. Responsible Party (for LLC)
John W. King, Jr., Manager
lc. Mailing Address
310 Craven Street, New Bern, NC 28563-1654
Id. Telephone Number
252.638.1701 le. Email Address jking@stubbsperdue.com
2. Location of Project Site - please include the county, nearest named town and highway number: Craven County, New Bern,
US HWY 70 East. Project address is: 7016 US HWY 70 Easst, New Bern, NC 28560.
3. Has anyone from DWQ visited the site? Yes Staff Name Chris Pullinger Date of Visit? 11.17.2010
Additional Requested Information
4. Agent/Consultant Information (if applicable)
4a. Name, Company
John G. Thomas, PE — Thomas Engineering, PA
4b. Mailing address
PO Box 1309, New Bern, NC 28562
4c. Telephone no.
252.637.2727 4d. Email address JohnThomas@ThomasEngineeringPA.com
5. Project and Site Information
5a. Name of project
Carolina Club (Proposed Subdivision
5b. County
Craven
5c. Nearest Named Stream
NUSW Brice Creek (27 101 40 (1) C; Sw;
Neuse
5e. Provide a brief description of this project (attach site plan if available): Proposed Carolina Club single family detached
residential subdivision. Preliminary Plan attached for reference. Note: There was a previous call (DWQ Project # 2010-
0965) done on this stream on February 10, 2011, and found not to be subject to the Neuse River Buffer Rule.
Documentaiton is attached for reference. As that is expired, we are simply requesting and updated determination for our
files.
Please attach a map of the site indicating project boundaries on the USGS 1:24,000 Topo and/or NRCS Soil Survey.
If you are unable to locate either of these maps, please contact the Regional Office for assistance.
DWQ Use Only: Is this stream call for the purpose of:
buffer mitigation
nutrient offset credit
Please return form to:
Chris Pullinger
943 Washington Square Mall
Washington, NC 27889
Fax: (252) 946-6481
Email: chris.pullinger@ncdenr.gov
Note: Submittals on Friday after 12:00 pm
will be stamped as received on the
next business day.
Please contact Anthony Scarbraugh at (252) 946-6481 if you have any questions.
THOMAS ENGINEERING, PA est 1983
civil engineering.land development. project management
AGENT AUTHORIZATION FORM
To Whom It May Concern:
I/we, the undersigned, registered property owners of the below noted property, do hereby
authorize Thomas Engineering, PA and John G. Thomas, PE to act as our agent in the
determination of jurisdictional wetland boundaries on the subject property and to act on
our behalf and take all actions necessary for the processing, issuance and acceptance of
permitting or certification and any and all standard and special conditions attached
thereto. By way of this form, I/we additionally authorize access to the site by Thomas
Engineering, PA, contract consultants of Thomas Engineering, PA, representatives of the
US Army Corps of Engineers (COE) and/or the North Carolina Division of Water
Resources (DWR) for the purpose of reviewing wetland boundaries, providing a
jurisdictional determination, Riparian Buffer determinations, and site review regarding
processing of permits and certifications. By way of this form, I/we additionally authorize
Thomas Engineering, PA and John G. Thomas PE to act as our agent in matters that
Craven County have jurisdiction over, such as zoning amendments and subdivision
applications. Any questions should be directed to Thomas Engineering, PA.
Property address and parcel ID number:
Current property Owner name:
Owner address and phone number:
Agent name:
Agent address and phone number:
The Turf Club, LLC
Property Owner's Name
John W. Kin Jr. Mana er
ing Official's Name & Title
&i 7 7
's Signature
Da e
J
7016 US HWY 70 East
New Bern, NC 28560
Parcel No. 7-035-002 (Craven County)
The Turf Club, LLC
Attn: John W. King, Jr., Manager
310 Craven Street
New Bern, NC 28563-1654
252-638-1701
John G. Thomas, PE
Thomas Engineering, PA
P. O. Box 1309
New Bern, NC 28563
252-637-2727
johnthomas(7thomasengineerinupa.com
1316-B Commerce Drive.P.O. Box 1309.New Bern, NC 28563
Phone: (252)637-2727.Fax: (252)636-2448.Website: ThomasEngineeringPA.com
Mork Flow No: 9999-00256882
PREPARED BY: MICHAEL SCOTT DAVIS
PARCEL NOS. 7-035-030, 7-034-015-D, 7-035-002, & 7-035-008
REVENUE STAMPS: $2,000.00
Craven NC - Document StaaP
Becky Thompson, Resister of
Date 07/06/2005 Time 17:11:S4 1 of Pss
No: 2005-00130139
Book 2327 Pace 688
Fee Art : 23.00
Excise Tax: 2,000.00
STATE OF NORTH CAROLINA
COUNTY OF CRAVEN WARRANTY DEED
THIS DEED, made and entered into this 1st day of July, 2005, by and between JEFFREY
G. WILLIAMS, TRUSTEE OF THE ANGUS TRUST, of Craven County North Carolina,
Grantor, and THE TURF /1/RyyF CLUB, LLC, a North Carolina limited liability company, of
DC & u 1654 Ct.c ,8E5RP We ag5(3 Grantee;
WITNESSETH:
That for and in consideration of the sum of Ten Dollars ($10.00) and other good and
valuable considerations to him in hand paid by the Grantee, the receipt of which is hereby
acknowledged, the Grantor has bargained and sold, and by these presents does bargain, sell, and
convey unto the Grantee, its successors and assigns, those certain tracts or parcels of land located
in Number Seven (7) Township, Craven County, North Carolina, and being more particularly
described as follows:
SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN BY
REFERENCE
ARD AND DAVIS,ur
All ORNEYS AT LAW
PO DRAWER 14E8
NEW BERN. NC ER563
..-ARD AND DAVIS, ur
AI-IY)RN FYS AT LAW
PO DRAWER 142B
NEW BERN, NC 28563
Date 07/06/2005 Time 17:11:54 2 of
No: 2005-00130139
Back 2327 Paw 689
TO HAVE AND TO HOLD the aforesaid tracts or parcels of land and all privileges and
appurtenances thereunto belonging to the said Grantee, its successors and assigns, In fee simple
forever.
And the said Grantor, for himself, his heirs, executors, and administrators, covenants to
and with the said Grantee, its successors and assigns, that he is seized of said premises and has
the right to convey the same in fee simple; that the same is free and clear of all encumbrances,
except those limitations, encumbrances, or restrictions set out hereinabove; and that he will
warrant and defend the title to the same against the lawful claims of all persons whomsoever.
IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal the day and
year first above written, and hereby adopts the typed word "SEAL" as it appears at the end of his
signature as his personal seal.
2
Y G. WILLIAMS, TRUSTEE
ANGUS TRUST
(SEAL)
f P3S
ARD AND DAVIS,w
All c RNP.YS AT LAW
PO DRAWER 1428
NEW BERN. NC 28563
STATE OF NORTH CAROLINA
COUNTY OF CRAvEnv
Date 07/06/2005 Time 17:11:54 3 of
No: 2005-00130139
Book 2327 Page 690
I 31 l/ M , I oC k Notary Public in and for said County and State, do
hereby certify thdf JEFFREY G. WILLIAMS, TRUSTEE OF THE ANGUS TRUST, personally
appeared before me this day and acknowledged the due execution of the foregoing and annexed
instrument for the purposes therein expressed.
WITNESS my hand and official seal this the (,y day of July, 2005.
My Commission Expires:
STATE OF NORTH CAROLINA
COUNTY OF CRAVEN
tary PPub ie\ 1 1 tV[)CC Fr
The foregoing notary certificate is certified to be correct. This instrument was presented
for registration on this day and hour, and duly recorded in the Office of the Register of Deeds of
Craven County, North Carolina in Book,q at Page 19 /t
This the 1p day of
, 2005, at rj, / / o'clock p.m.
f� t V/P11 2&&, By ���� ee ea&
Registe of Deeds Aseist nt Register of Deeds
3
+Pss
.ARD AND DAVIS, NP
ATTORNEYS Ai TAW
PO DRAWER 142E
NEW BE RN. NC 28563
EXHIBIT A
Date 07/06/2005 Time 17:11:54 4 of
No: 2005-00130139
Book 2327 Paw 691
All that certain tract or parcel of land lying and being situate in Number 7 Township Craven
County, North Carolina, and being all of Tract One contaimng 50.50 acres as the same is shown
on a map entitled "Resurvey of Lots 3, 10 and portion of Lot 15, H.C.Hargett Subdivision, and
1.053 Acre & 28.510 Sq. Ft. Parcels, for The Turf Club, LLC, prepared by Atlantic Survey &
Design, P.A. recorded in Plat Cabinet H, at slide 24-H, in the Office of the Register of Deeds of
Craven County.
4
4 Pss
s
sit
SATISFACTION: The debt secured by the within Deed of
Trust together with the note(s) secured thereby has been
satisfied in full.
This the day of
Signed:
Craven NC - Document Star
Becky TIvoarson, Resister of Deeds
Date 07/06/2005 nee 17:12:41 1 of 4 Pis
No: 2005-00130140
bi2327 Pace 692
Fee Mt : 23.00
Excise Tax: .00
Recording: Time, Book and Page
Tax Lot No. Parcel Identification No. 7-035 008; 7-035 002; 7-032 015 and 7-034 015-D
Verified by County on the day of
By: /
Mail after recording to: & Perdue, P.A., P.O. Box 1654, New Bern, NC 28563-1654.
This instrument prep ed by: John W. King, Jr., Attorney at Law
Brief Description for the index
50+ Acres, Hargett Land
PURCHASE MONEY
NORTH CAROLINA DEED OF TRUST
THIS DEED of TRUST made this the 1 st day of July, 2005, by and between:
GRANTOR
The Turf Club, LLC
2000 Grenville Court
New Bern, NC 28562
TRUSTEE
Michael Scott Davis
409 Pollock Street
New Bern, NC 28560
BENEFICIARY
Jeffrey G. Williams, Trustee of
The Angus Trust
c/o RSM McGladrey, Inc.
PO Box 15409
New Bern, NC 28561
Enter in appropriate block for each party: name address, and, if appropriate, character of entity, e.g. corporation or partnership
The designation Grantor, Trustee, and Beneficiary 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 whereas the Grantor is indebted to the Beneficiary in the principal sum of One Million and 00/100 Dollars
(S1,000,000.00), as evidenced by a Promissory Note of even date herewith, the terns of which are incorporated herein by reference. The final
due date for payments of said Promissory Note, if not sooner paid, is June 30, 2008.
NOW, THEREFORE as security for said indebtedness, advancements and other sums expended by Beneficiary pursuant to this Deed of
Trust and costs of collection (including attorneys fees as provided in the Promissory Note) and other valuable consideration, the receipt of which
is hereby acknowledged, the Grantor has bargained, sold, given and conveyed and does by these presents bargain, sell, give, grant and convey to
said Trustee, his heirs, or successors, and assigns, the parcel(s) of land situated in or near the City of New Bern, Number Seven (7) Township,
Craven County, North Carolina, (the 'Premises") and more particularly described as follows:
Exhibit A attached hereto and made a part hereof.
This is a Purchase Money Deed of Trust and as such is subject to the provisions of N.C.G.S. §45-21.38.
Date 07/06/2005 Time 17:12:41 2 of 4 Pss
No: 2005-00130140
2327 Pase 693
TO HAVE AND TO HOLD said Premises with all privileges and appurtenances thereunto belonging, to said Trustee, his heirs, successors
and assigns forever, upon the trusts, terms and conditions, and hereinafter set forth.
If the Grantor shall pay the Note secured hereby in accordance with its terms, together with interest thereon, and any renewals or extensions
thereof in whole or in part, all other sums hereby and shall comply with all of the covenants, terms and conditions of this Deed of Trust, then this
conveyance shall be null and void and may be canceled of record at the request and the expense of the Grantor. If however, there shall be any
default (a) in the payment of any sums due under the Note, this Deed of Trust or any other mstrument securing the Note and such default is nor
cured within ten (10) days from the due date, or (b) if there shall be default in any of the other covenants, terms or conditions of the Note
secured hereby, or any failure or neglect to comply with the covenants, terms or conditions contained in this Deed of Trust or any other
instrument securing the Note and such default is not cured within fifteen (15) days after written notice, then and in any of such events, without
further notice, it shall be lawful for and the duty of the Trustee, upon request of the Beneficiary, to sell the land herein conveyed at public
auction for cash, after having first giving such notice of hearing as to commencement of foreclosure proceedings and obtained such findings or
leave of court as may then be required by law and giving such notice and advertising the time and place of such sale in such manner as maybe
provided by law, and upon such and any resales and upon compliance with the law then relating to foreclosure proceedings under power of sale
to convey title to the purchaser in as full and ample manner as the Trustee shall be authorized to retain an attorney to represent him in such
proceedings.
The proceeds of the Sale shall after the Trustee retains his commission, together with reasonable attorneys fees incurred by the Trustee in
such proceedings, be applied to the costs of sale, including, but not limited to, costs of collection, taxes, assessments, cost of recording, service
fees and incidental expenditures, the amount due on the Note hereby secured and advancements and other sums expended by the Beneficiary
according to the provisions hereof and otherwise as required by the then existing law relating to foreclosures. The Trustee's commission shall be
five percent (5%) of the gross proceeds of the sale or the minimum sum of $1.000.00 whichever is greater, for a completed foreclosure. in the
event foreclosure is commenced, but not completed, the Grantor shall pay all expenses incurred by Trustee, including reasonable attorneys fees,
and a partial commission computed on five per cent (5%) of the outstanding indebtedness, or the above stated minimum sum, whichever is
greater, in accordance with the following schedule, to -wit: one-fourth (r) thereof before the Trustee issues a notice of hearing on the right to
foreclosure; one-half (2) thereof after issuance of said notice, three -fourths (a/+) thereof after such hearing; and the greater of the full
commission or minimum sum after the initial sale.
And the said Grantor does hereby covenant and agree with the Trustee as follows:
1. INSURANCE. Grantor shall keep all improvements on said land, now or hereafter erected, constantly insured for the benefit of the
Beneficiary against loss by fire, windstorm and such other casualties and contingencies, in such manner and m such companies and for such
amounts, not less than that amount necessary to pay the sum secured by this Deed of Trust, and as may be satisfactory to the Beneficiary.
Grantor shall purchase such insurance, pay all premiums therefor, and shall deliver to Beneficiary such policies along with evidence of premium
payments as long as the Note secured hereby remains unpaid. If Grantor fails to purchase such insurance, pay premiums therefor or deliver said
policies along with evidence of payment of premiums thereon, then Beneficiary, at his option, may purchase such insurance. Such amounts paid
by Beneficiary shall be added to the principal of the Note by this Deed of Trust, and shall be due and payable upon demand of Beneficiary. All
proceeds from any insurance so maintained shall at the option of Beneficiary be applied to the debt secured hereby and if payable in
nstallments, applied in the inverse order of maturity of such installments or to the repair or reconstruction of any improvements located upon
he Property.
2. TAXES, ASSESSMENTS, CHARGES. Grantor shall pay all taxes, assessments and charges as may be lawfully levied against said
Premises within thirty (30) days after the same shall become due In the event that Grantor fails to so pay all taxes, assessments and charges as
herein required, then Beneficiary, at his option, may pay the same and the amounts so paid shall be added to the principal of the Note secured by
this Deed of Trust, and shall be due and payable upon demand of Benefrcriary.
3. ASSESSMENTS OF RENTS AND PROFIT. Grantor assigns to Beneficiary, in the event of default, all rents and profits from the land
and any improvements thereon, and authorizes Beneficiary to enter upon and take possession of such land and improvements, to rent same, at
any reasonable rate of rent determined by Beneficiary, and after deducting from any such rents the cost of reletting and collection, to apply the
remainder to the debt secured hereby.
4. PARTIAL RELEASE. Grantor shall not be entitled to the partial release of any of the above described property unless a specific provision
providing therefor is included in this Deed of Trust. In the event a partial release provision is included in this Deed of Trust, Grantor must
strictly comply with the terms thereof. Notwithstanding anything herein contained, Grantor shall not be entitled to any release of property unless
Grantor is not in default and is in full compliance with all of the terms and provisions of the Note, this Deed of Trust, and any other instrument
that may be securing said Note.
5. WASTE. The Grantor covenants that he will keep the Premises herein conveyed in as good order, repair and condition as they are now,
reasonable wear and tear excepted, and will comply with all governmental requirements respecting the Premises or their use, and that he will not
commit or permit any waste.
6. CONDEMNATION. In the event that any or all of the Premises shall be condemned and taken under the power of eminent domain,
Grantor shall give immediate written notice to Beneficiary and Beneficiary shall have the right to receive and collect all damages awarded by
reason of such taking, and the right to such damages hereby is assigned to Beneficiary who shall have the discretion to apply the amount so
received or any part thereof, to the indebtedness due hereunder and if payable in installments, applied in the inverse order of maturity of such
installments, or to any alteration, repair or restoration of the Premises by Grantor.
7. WARRANTIES. Grantor covenants with Trustee and Beneficiary that he is seized of the Premises in fee simple, has the right to convey
the same in fee simple, that title is marketable and free and clear of all encumbrances, and that he will warrant and defend the tide against the
lawful claims of all persons whomsoever, except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to
the following exceptions:
8. SUBSTITUTION OF TRUSTEE. Grantor and Trustee covenant and agree to and with Beneficiary that in case the said Trustee, or any
successor trustee, shall die, become incapable of acting, renounce his trust, or for any reason the holder of the Note desires to replace said
Trustee then the holder mayappoint, in writing, a trustee to take the place of the Trustee; and upon the probate and registration of the e, the
trustee thus appointed shall succeed same,
succeed to all rights, powers and duties of the Trustee.
THE FOLLOWING PARAGRAPH, 9. SALE OF PREMISES, SHALL NOT APPLY UNLESS THE BLOCK TO
THE LEFT MARGIN OF THIS SENTENCE IS MARKED AND/OR INITIALED.
X
9. SALE OF PREMISES. Grantor agrees that if the Premises or any part thereof or interest therein is sold, assigned, transferred, con or
otherwise alienated by Grantor, whether voluntary or involuntary or by operation of law [other than: (i) the creation of a lien other
encumbrance to this Deed of Trust which does not relate to a transfer of rights of occupancy in the Premises; (ii) the creation of a purchase
money security interest for household appliances; (iii) a transfer by devise, descent, or operation of law on the death of a joint tenant or tenant
by the entirety; (iv) the grant of a leasehold interest of three (3) years or less not containing an option to purchase; (v) a transfer to a relative
resulting from the death of a Grantor; (vi) a transfer where the spouse or children of the Grantor become the owner of the Premises; (vii) a
transfer resulting from a decree of a dissolution of marriage, legal separation agreement, or from an incidental property settlement agreement, by
which the spouse of the Grantor becomes an owner of the Premises; (viii) a transfer into an inter vivos trust in which the Grantor us and remains
a beneficiary and which does not relate to a transfer of occupancy in the Premises], without the prior consent of Beneficiary, at its own option,
may declare the Note secured hereby and all other obligations hereunder to be forthwith due and payable. Any change in the legal or equitable
title of the Premises or in the beneficial ownership of the Premises, including the sale, conveyance or disposition of a majority interest in the
Grantor if a corporation or partnership, whether or not of record and whether or not for consideration, shall be deemed to e the transfer of an
interest in the Premises.
Date 07/06/2005 Time 17:12:41 3 of 4 Pas
No: 2005-00130140
Both 2327 Pane 694
10. ADVANCEMENTS. If Grantor shall fail to perform any of the covenants or obligations contained herein or in any other instrument
given as additional security for the Note secured, the Beneficiary may, but without obligation, make advances to perform such covenants or
obligations, and all such sums so advanced shall be added to the principal sum, shall bear mterest at the rate provided in the Note secured
for sums due after default and shall be due from Grantor on demand of the Beneficiary. No advancement or anything contained in this pe[a
shall constitute a waiver by Beneficiary or prevent such failure to perform from constituting an event of default.
11.INDEMNITY. If any suit orproceeding be brought against the Trustee orBeneficiary orifany suit or rpe •ngbe brought which may
affect the value or title of the Premises, Grantor shall defend, indemnify and hold harmless and on demand reimburse trustee or Beneficiary
from any loss, cost, damage or expense and any sums expended by Trustee or Beneficiary shall bear interest as provided in the Note secured
hereby for sums due after and shall be due and payable on demand.
12. WAIVERS. Grantor waives all rights to require marshalling of assets by the Trustee or Beneficriary. No delay or omission of the Trustee
or Beneficiary in the exercise of any right, power or remedy arising under the Note or this Deed of Trust shall be deemed a waiver of any default
or acquiescence therein or shall impair or waive the exercise of such right, power or remedy by Trustee or Beneficiary at any other time.
13. CIVIL ACTION In the event that the Trustee is named as a party to any civil action as Trustee in this Deed of Trust, the Trustee shall be
entitled to employ an attorney at law, including himself if he is a licensed attorney, to represent him in said action and the reasonable attorney's
fee of the Trustee on such action be paid by the Beneficiary and added to the principal of the Note secured by this Deed of Trust and bear
interest at the rate provided in the Note for sums due after default.
14. PRIOR LIENS. Default under the terms of any instrument secured by a lien to which this Deed of Trust is subordinate shall constitute
default hereunder.
15. OTHER TERMS.
none
IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate, has caused this instrument to be signed in
its corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of its Board of Directors, the day and
year first above written.
THE tc _ LUB, LLC
(SEAL)
. i4 (SEAL)
SEAL -STAMP
NORTH CAROLINA, Craven County
a Notary Public of the County and state aforesaid, certify
tha �- !. Ki h s� 1�osr} O rEram Managegsof The Turf Club, LLC, a North
Carolina Limited Lis Jiffy orporatfon personally appeared before me this day and acknowledged the
execution of the foregoing instrument. Witness my hand and official stamp or seal, this 1st day of July,
2005.
1, 31 tit y M , S{ ^k
Notary Public
My commission expires: 3 -/ Q -ADO (p
The foregoing Certificate of
certified to be correct.
�dv
`'fie 1/4-icyae)
This instrument and this certificate are duly registered at the date and in the Book and Page shown on the first page hereof.
Cjl? dd du
By
REGISTER OF DEED FOR CRAVEN COUNTY
Deputy/Aoawtent-Register of Deeds
is
Exhibit A
Date 07/06/2005 Tile 17:12:41 4 of 4 Pss
No: 2005-00130140
Bmk 2327 Pase 695
All that certain tract or parcel of land lying and being situate in Number 7 Township,
Craven County, North Carolina, and being all of Tract One containing 50.50 acres as
the same is shown on a map entitled "Resurvey of Lots 3 10 and portion of Lot 15,
H.C.Hargett Subdivision and 1.053 Acre & 28.510 Sq. Ft. Parcels, for The Turf Club,
LLC, prepared by Atlantic Survey & Design, P.A. recorded in Plat Cabinet 1-1, at slide
24-H, in the Office of the Register of Deeds of Craven County.
LIMITED LIABILITY COMPANY ANNUAL REPORT •
10/2017
NAME OF LIMITED LIABILITY COMPANY:
The Turf Club, LLC
SECRETARY OF STATE ID NUMBER: 0787755 STATE OF FORMATION: NC
REPORT FOR THE CALENDAR YEAR: 2021
SECTION A: REGISTERED AGENT'S INFORMATION
1. NAME OF REGISTERED AGENT: King, John W. , Jr.
2. SIGNATURE OF THE NEW REGISTERED AGENT:
Filing Office Use Only
E - Filed Annual Report
0787755
CA202111603045
4/26/2021 09:45
nChanges
SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT
3. REGISTERED AGENT OFFICE STREET ADDRESS & COUNTY 4. REGISTERED AGENT OFFICE MAILING ADDRESS
310 Craven St 310 Craven St
New Bern, NC 28560-4909 Craven County
SECTION B: PRINCIPAL OFFICE INFORMATION
New Bern, NC 28560-4909
1. DESCRIPTION OF NATURE OF BUSINESS: Stubbs Perdue
2. PRINCIPAL OFFICE PHONE NUMBER: (252) 638-1701
4. PRINCIPAL OFFICE STREET ADDRESS
310 Craven St
3. PRINCIPAL OFFICE EMAIL: Privacy Redaction
5. PRINCIPAL OFFICE MAILING ADDRESS
310 Craven St
New Bern, NC 28563-1654 New Bern, NC 28563-1654
6. Select one of the following if applicable. (Optional see instructions)
The company is a veteran -owned small business
The company is a service -disabled veteran -owned small business
SECTION C: COMPANY OFFICIALS (Enter additional company officials in Section E.)
NAME: Richard G Burrows
NAME: John William King Jr
TITLE: Manager TITLE: Manager
ADDRESS:
NAME:
TITLE:
ADDRESS: ADDRESS:
3103 Peppercorn Rd 2000 Grenville Court
New Bern, NC 28562-4929 New Bern, NC 28562
SECTION D: CERTIFICATION OF ANNUAL REPORT. Section D must be completed in its entirety by a person/business entity.
Richard G Burrows 4/26/2021
SIGNATURE DATE
Form must be signed by a Company Official listed under Section C of This form.
Richard G Burrows Manager
Print or Type Name of Company Official Print or Type Title of Company Official
This Annual Report has been filed electronically.
MAIL TO: Secretary of State, Business Registration Division, Post Office Box 29525, Raleigh, NC 27626-0525
Craven County GIS Carolina Club QUAD Overlay
Craven County does NOT warrant the information shown on this map and should be used ONLY fortax assessment purposes. Printed on July 20, 2021 at8:04:O6 AM
1 inch = 434 feet
1
Craven County GIS Carolina Club Aerial Overlay
Craven County does NOT warrant the information shown on this map and should be used ONLY for tax assessment purposes. Printed on July 20, 2021 at8:00:25 AM
1 inch = 434 feet
Neuse River Basin
Name Index Number Classification Class Date
Description
Special Designation
Hoods Creek
From source to Trent River
Joshua Creek
From source to Trent River
Brice Creek
27-101-38 C;Sw,NSW
27-101-4 C;Sw,NSW
(From source to Craven County SR 1004
Brice Creek
From Craven County SR 1004 to Trent River
West Prong Brice Creek
From source to Brice Creek
05/01/88
05/01/88
27-101-40-(1) C;Sw,NSW
27-101-40-(7) SC;Sw,NSW
27-101-40-1.5 C;Sw,NSW
East Prong Brice Creek
From source to Brice Creek
Gum Swamp (Long Lake)
From source to Brice Creek
Great Branch
'From source to Brice Creek
Lees Branch
27-101-40-2 C;Sw,NSW
27-101-40-2-1 C;Sw,NSW
27-101-40-3 C;Sw,NSW
27-101-40-4 C;Sw,NSW
From source to Brice Creek
Black Branch
From source to Brice Creek
Georges Branch
'From source to Brice Creek
Bridge Creek
05/01/88
05/01/88
05/01/88
1
05/01/98
05/01/88
05/01/88
J
05/01/88
27-101-40-5 C;Sw,NSW 05/01/88
27-101-40-6 C;Sw,NSW 05/01/88
27-101-41 SC;Sw,NSW 05/01/88
From source to Trent River
Brickyard Branch
From source to Joshua Creek
Lawson Creek
'From source to Trent River
Bearwell Branch
[From source to Joshua Creek
Lane Branch
From source to Lawson Creek
27-101-4-1
27-101-42
27-101-4-2
27-101-42-1
C;Sw,NSW 05/01/88
SC;Sw,NSW 05/01/88
1
C;Sw,NSW 05/01/88
SC;Sw,NSW 05/01/88
Wednesday, February 08, 2012 Based on Classifications as of 20120208
Page 6 of 72