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HomeMy WebLinkAbout20070731 Ver 2_TJM Ocean Isle Partners, LLC to Sourthern Marinas Ocean Isle, LP #11-17 Transfer BR_20210721ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director TO FROM THRU DATE NORTH CAROLINA Environmental Quality Gregg Bodnar Assistant Major Permits Coordinator Brendan Brock Field Specialist, Wilmington Tara MacPherson District Manager, Wilmington July 16, 2021 SUBJECT: Request for Transfer of State Permit No. 11-17 Ocean Isle Marina and Yacht Club Brunswick County Southern Marinas Ocean Isle, LP is requesting transfer of State Permit No. 11-17, which was issued to TJ M Ocean Isle Partners, LLC, on January 27, 2017 to perform maintenance excavation of 6,000 cu. yds. within the marina basin footprint previously authorized under State Permit No. 4-82, 169-88, and 123-07. State Permit No. 11-17 was renewed on June 12, 2020 and is set to expire on December31, 2025. According to the deed, on June 21, 2021, the transfer from TJM Ocean Isle Partners, LLC to Southern Marinas Ocean Isle, LP was complete. On June 23, 2021, Southern Marinas Ocean Isle, LP submitted a transfer request. DCM also received a transfer fee (check no. 201 dated: June 22, 2021) to our Wilmington Regional Office. This office has no objections to the transfer of State Permit No. 11-17. A copy of the deed is included with this request. Enclosures cc: WiRO File Greg Curry, USACE Holley Snider, DWR Keith Dycus, LPO North Carolina Department of Environmental Quality j Division of Coastal Management Wilmington Office j 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 6.22.2021 NC Division of Coastal Management Department of Environmental Quality RE: North Carolina CAMA Permit Transfer: - To whom it may concern: Southern Marinas Ocean Isle LP acquired Ocean Isle Marina on 6.22.2021- Under new ownership we are applying for a CAMA permit - To complete the application, we inform the Department that there have been no substantial changes in conditions, circumstances, or facts affecting the project and that there have been no substantial changes in the changes or modifications to the project as it was proposed in the original application. If you have any queries, please do not hesitate to me. Regards Barry Miller Regional Operations (239) 770-5759 bmiller@southernmarinas.com RECEIVED DCM WILMINGTON, NC JUN 2 3 2021 NORTH CAROLINA Department of the Secretary of State To all whom these presents shall come, Greetings: I, ELAINE F. MARSHALL, Secretary of State of the State of North Carolina, do hereby certify the following and hereto attached to be a true copy of CERTIFICATE OF FOREIGN LIMITED PARTNERSHIP OF SOUTHERN MARINAS OCEAN ISLE, LP the original of which was filed in this office on the 29th day of April, 2021. p IN WITNESS WHEREOF, I have hereunto set my t hand and affixed my official seal at the City of Raleigh, this 29th day of April, 2021. �•0"M Scan to verify online. EIVED Certification# C202111803117-1 Reference# C202111803117-1 Page: 1 of Verify this certificate online at https://www.sosnc_gov/verification D Secretary of State CM WILMINGTON, NG J U N 2 3 2021 SOSID: 2181501 Date Filed: 4129/20213,43:00 PM DocuSi$n Enveiape to: 5843453A-D 36.48sD-B152-$WDA1S4A16 Elaine F. Marshall orth Carolina Secretary of State N C2021 118 03117 State of north Carolina # Department of the Secretary of state { APPLICATION FOR REGISTRATION AS A FOREIGN LIMITED PARTNERSHIP Pursuant to §59-902 of the General Statutes of North Carolina, the undersigned hereby submits this application for Registration as a Foreign Limited Partnership for the purpose of obtaining a Certificate of Authority to transact business in this State. I. 'file name ol'the foreign limited partnership is: Southern Marinas Ocean Isle, LP 2. iCthe name of the roreign limited partnership is unavailable for use in the State of North Caiolina, the name the limited partnership wishes to use is: (The name must contain the words "Limited Partnership," or the abbreviation "L.P." or'•LP," or the t:ombination "Ltd. Partnership".) 3. The jurisdiction in which the limited partnership was formed is Delaware and the date of formation was _Ap6L .9,2j02 . The limited partnership's period of duration is c etual. 4. The street address of the princip�all(olffice is: yy Number andStreet:6671 W. Indiantown Road Suite 54-453 City: Jupiter State: `-CL Zip Code: 33458 County: Palm $each The mailing address, #ftfifferent from the street rrrlrlress, of the principal office: Telephone: Number and Street: City: State: Zip Code: _ County: 5. Nittne of Registered Agent: Corporation Service Company 6. Address or Registered Agent's Qrfiwe: Number and Street: 2626 Glenwood Avenue, Suite 550 City. Raleigh State: NC Zip Code: 27608 County Wake The mailing address, lfdWererrrfrvnr the street address, of the registered oflicc: Number and Street: City: State: NC Zip Code: County: NcslLs: F11109 file is SSO. This JaKumeni muss bo rdrd will, 14e SerWAry of stale. Sk.!MNESS REUISI RATION DIVISION P.0.11OX 29022 (Revised August. 2017) page I C�rtificatfon# C202111803117-1 Reference## C202111803 t 17- Page: 2 of 4 GCi �rF F—WEE)l GTON, NC JUN 2 3 2021 DocuSign Envelope ID: 5843453A-DE36-4810.8152-5EABOA134A16 7. In consideration of the issuance of a Certificate of Authority to transact business in North Carolina, the limited partnership appoints the Secretary of State of North Carolina as the agent to receive service of process, notice or demand, whenever the foreign limited partnership fails to appoint or maintain a registered agent in this State, or whenever such registered agent cannot with reasonable diligence be found at the registered office. 8. (Optional): Please provide a business e-mail address: The Secretary of State's Office will e-mail the business automatically at the address provided at no charge when a document is filed. The e-mail provided will not be viewable on the website. For more information on why this service is being offered, please see the instructions for this document. 9. Enter the name and address of each general partner: (attach additional sheets if necessary) Name Southern Marinas Ocean isle GP, LLC Name StrmtM© 6671, W. indiantown Road Suite 50-453 Street/No. City Jupiter City State/Zip FL 3345$ State/Zip 10. Limited Partners (select I or 2, as appropriate) [] Attached is a list of the names and addresses of all limited partners (include full name/street address/city/state/zip codelcounty); or ❑ The location of the office where list of the names and addresses of the limited partners and their capital contributions will be kept as long as the limited partnership transacts business in North Carolina is: Number and Street: City: State: Zip Code: County: 11. (Select one) ❑ The foreign limited partnership is a foreign limited liability limited partnership. EE The foreign limited partnership is not a foreign limited liability limited partnership. 12. This registration will be effective upon filing, unless a future date and/or time is specified: Charlie Martin T iwed name l,u,at'ut, �'L-0tY{lVt, Signature Chief Financial Officer of the General Partner Title Southern Marinas Ocean Isle GP, LLC RECEIVED DCINA WILMING l ON, NOTES: J U N 2 3 2021 Fiting fee is S5e_ This dnpumtnt muet be tided stlth the Sccrctmly of S(Ate. BUSINESS REGISTRATION DIVISION P.O.BOX 29622 RALEIGH, NC 27626-06222 (Revised August, 2017) Page 2 Form LP-04 C Certification# C202111803117-1 Reference# C202111803117- Page: 3 of 4 Docuftn Envelope ID. 5843453A-DE3$-4810-8152-5EABOA134A16 LIST OF THE NAMES AND ADDRESSES OF ALL LIMITED PARTNERS SMII Ocean Isle Holdings, LLC 6671 W. Indiantown Road Suite 50-453 Jupiter, FL 33458 RECEIVED DCM WILMINGTON, N J U N 2 2 2021 Attachment to Southem Marinas Ocean Isle, LP - North Caroline Foreign qualification Application Certification# C202111803117-1 Reference# C202111803117- Page: 4 of 4 NORTH CAROLINA Department of the Secretary of State CERTIFICATE OF AUTHORITY 1, ELAINE F. MARSHALL, Secretary of State of the State of North Carolina, do hereby certify that SOUTHERN MARINAS OCEAN ISLE, LP having filed on this date an application conforming to the requirements of the General Statutes of North Carolina, a copy of which is hereto attached, is hereby granted authority to transact business in the State ofNorth Carolina. Scan to verify online. Document 1d: C202111903117 Verify this certificate online at https://www.sosnc.gov/verification IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seat at the City of Raleigh, this 29th day of April, 2021. E I V E D €LNNCTON, NC Secretary of State J u N 2 3 2021 Brenda M. CleMons Register of Beds 0G-22-2021 16:33:53.001 Brunswick County, NC NC R£Yt = STAMP; $9082.00 (#763313) Parcel: See attached Exhibit C Itlllllllll�I IdII� MIT III HE +'r� i 106-22-2021 6:33 53.001 Brunswick County, NC Register of Deeds page 1 of 14PROP t R lnt. 'efunc(Cash $ Finance I Portions of document are illegible due to condition of ompinai. HtCbfttslnss"isv4d6dbyoriginal Rta.�zas tfret rwpp; fig FgaFAFfHRO 8lFg ts. SPECIAL WARRANTY DEED Revenue Stamps: $9,082.00 ❑ If checked, the property includes the primary residence of at least one of the patties depicted as party of the first part. (N.C. Gen. Stat_ § 105-317.2) STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK THIS SPECIAL WARRANTY DEED, made and entered into this the -! day of 2021 by and between TIM OCEAN ISLE PARTNERS, LLC, a North Carolina limited liability company, party of the first part (the address of the party of the first part is: 2000 _Sommersett Road SW, Ocean Isle Beach North Carolina 28469); and SOUTHERN MARINAS OCEAN ISLE, LP, a Delaware limited partnership, party of the second part (the address of the party of the second part is: 6671 West Indiantown Road Suite 50-453 Jupiter, Florida 33458). WITNESSET14: Prepared by Ward and Smith, P.A., 127 Racine Drive, University Corporate Center (28403), Post Office Box 7068, Wilmington, NC 28406-7068 Please return to Ward and Smith, P.A., 127 Racine Drive, University Corporate Center (28403), Post Office Box 7068, Wilmington, NC 28406-7068 Attention: Samuel B. Franck No opinion on title is rendered by Ward and Smith, P.A., without a separate written opinion on title from Ward and Smith, P.A. This instrument prepared by Samuel B. Franck, a licensed North Carolina attorney. Delinquent taxes, if any, to be paid by the closing attorney to the county tax collector upon disbursement of closing proceeds. RECEWED DCIM WILMiNGTON, NC J U N 2 3 2021 111111 IIIIIIIII111111 IIIII! I Illii l V% P0062 sons 53 PRDp Brunswick County, NC Register of Deeds page 2 of 94 WHEREAS, portions of the parcel described as Tract 8 on the attached Exhibit A were delivered to the party of the first part by the State of North Carolina Department of Transportation in connection with the abandonment of Sommersett Road, as evidenced by that certain letter dated October 9, 2007, referencing Division File # 85 i-B and entitled State Road Abandonment, SR 1161 Portion of Sommersett Road 0.04 approving said abandonment. NOW 'THEREFORE, the party of the first part in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable considerations paid to the party of the first part by the party of the second part, the receipt and sufficiency of which bereby are acknowledged, has granted, bargained, sold and conveyed and by these presents does grant, bargain, sell and convey unto the party of the second part, said part's successors and assigns, the following described property to wit: All those certain tracts or parcels of land lying and being situate in Brunswick County, North Carolina, and being more particularly described on Exhibit A attached hereto and incorporated herein by reference. This conveyance is made subject to easements of record or on the ground, restrictive covenants of record, permitted exceptions more particularly described on Exhibit B, and ad valorem #axes for the current year, which taxes the party of the second part, by acceptance of this deed, does agree to pay. TO HAVE AND TO HOLD said property and all privileges and appurtenances thereunto belonging to the party of the second part, said parry's successors and assigns, forever. And the party of the first part covenants that said party has done nothing to affect such title to the aforesaid property as was received by said party and, subject to the matters set forth above, agrees to warrant and defend the title to said property against the lawful claims of all persons claiming by, through or under said party, but no further. IN TESTTMONY WHEREOF, the party of the first part has caused this instrument to be executed under seal in such form as to be binding, this the day and year first above written. TJM OCEr ISLE PARTNE LLC (SEAL) By: Mfchael C. Smith, Manager RECEIVE DCM WILMINGTON, NC JUN 2 3 2021 11111111111111111111111111111 011121 arunSwiek County. NC Regaster of Deeds PROP page 3 of 34 STATE OF Gmo 10a, COUNTY OP S \ t c dik & N--- -- I certify that the following person personally appeared before me this day, acknowledging to me that he signed the foregoing document for the purpose(s) stated therein, in the capacity indicated therein_ M1CHAEL C. SMrM- &k Date: ignature of NotaryPublic Y-k++an� C-76tj Notary's printoh or typed naive My commission expires: Al, Zo2.z- z Z'� D tip O%M i Iq �d76Yici, s� 0 AN Notary seal or stamp rust appear within this box. 060673-00008 RECEIVED LSGI'tilI WILMINGTON, NC J u N 2 3 7021 EXHIBIT A Ill�l i llilllif�lll ll�lll loll if l�fl �4s T P��s� g , Brenda M, 15, 33:53.0fl1 Brunswick Caunty� NO Register Of Deeds age 4 ns PROP Tract 1 Page 4 of r4 FIRST TR 4CT: Beginni n at an iron pipe in the eastern edge of NC rural paved road No. 1161, said iron pipe being located South 13 degrees 00 minutes east 205 feet from the southw•nst comer Of a certain exact or parcel of land rawnvered by R i- Scmmersett and wife, Viola Sotnmersen to Robert W. 8ommersett, said deed being duly recorded in Book 119, Pagc 48 at the office o{the Register of Deeds of Brunswick County, North Carolina; runs thence North 77 degrees and 00 minutes cast 230 feet to an iron pipe; thence south 13 degrees 00 minutes cast 295 feet to a low water mark of the intracoasW Waterway; thence with the low water mark of said Intracoastal Waterway south 77 degrees and 00 minutes west 261 fear, the division litre of tracts 10 and 1 I of the D. S. Funk EMtc Lands according to a map registered in Book of Maps 2 112 at Page 1.06, in the office of It R gister of Deeds of Brunswick County, North Carolina; runs thence North 13 degrees 00 minutes west with said division line 220 feat to an iron pipe; thence norib 77 dcgmes 00 minutes east 30 feet to an iron pipe and the eastern edge ofN1C, rural paved road 1161; thence north 13 degrees and 00 minutes west with the eastem edge of said rural paved road 65 feet to the place and point of beginning, containing 1.51 acres according to a survey made by C. 3, Berry, RLS, October 17, 1967_ This tract is subject to the following perpetual land use restriction: Groundwater: Ground Water from the site is prohibited from use as a water supply_ u'atet supply wells ofany kited shall not be installed or operated on the site, For back rtferm= See deed Book 231 at Page 567; Book 304 at Page 762; Book 456 al Page 914; and Rouk 801 at Page I o4, Brunswick County Registry. Tract 2 S : Beginning at PK nail at tht interseetinn of the umlerlirm of NC Highway 179 and State Road 1161; thence South 10 degrees 26 minutes 30 seconds east 379.73 feet to a PK trail; thence south 10 degrees 19 Mmutes East 2,302.05 feet to a PK nail; thence south 07 degrees 43 minutes 21 strands east 274.11 feet to an iron Pipe.; thence south 07 degrees 43 minutes 21 seconds east 2.9 feet to a point in the right-Of•rray Of SR 1161, the place and poirrt of beginning, froth the beginning point as thus described; thence south I0 degrees 24 minutes east 221.07 Poet to a point in the northern right-of-way of tlse Atlantic Intracoastal Waterway; thence with said right -of --way south 87 degrees 21 minutes 06 seconds west 217.63 feat to a point which lies north 97 degrees 21 minutes 06 seconds cast 36,36 feet from a concrete right-of-way marker; thence north 10 degrees 24 minutes west 200.39 feet to on iron pipe; thence north 81 degrees 44 minutes 20 seconds east 118.I2 feet to an iron pipe; thence north 81 degrees 44 mirutes 20 seconds east 97.68 feet to a pOiu4 the place and point of beginning containing 1.04 acres, more or less as more particularly described in a survey plat dated 13 October 1982, ptepared by Bobby M. Long, to which plat reference,is made for greater certainty of description_ The above -described property is further identified and delineated in that plat of survey entitled "Map of Joseph ❑elmas Hinson Property for Brunswick Bay Dev. Company," dated April 30, 1987, prepared by Jan K. Dale, RLS, said survey being recorded it Map Cabinet R at Page 282, Brunswick Country Registry. For bade reference see deed Bonn 77I at Page 240 and Book 80l at Page 1048, Bnu-istvick _ g T: Being all ofa a ertain tract or parcel of land containing 0.39 acre, more or Jess, according m a Survey prapared by Samuel T. Inman, Registered Land Surveyor #L-27TS, dated the 12th day of July, 1999 and duly recorded in Map Cabinet T at Page 15, Brunswick County Registry. for a more full and complete description. For back reference see 3ook 739 at Page 135 and Book 80l at Page 1050, Brunswick Cooney Reemy- RECE—iVED DCM WILMINGTON, NC JUN 2 3 2021 BTM:82309M illlilf�l lilllfllllllll�� IIIII1Illl � s ? p o2s-�021R0P Brunswick Count 16 33 63 001 Tract 4 Y, NC Register of Deeds page 5 of tq FOU TRA ; Beginning at a stake in the easte1 edge of the Sommersett Lending Road, said stake being the southwest earner of that certain tract or parcel of land as conveyed Sam & Somersett try Viola F. Sgmmctt by deed dated April 2, 1959, as the same appears of record cin Book 134, Page 411, in the office of the Register of Deeds for Brunswick County, said beginnin part also being north 13 degrees west 220.3 feet as measured along the eastern edge of said Sommetscat Landing lined from where it i ntersects the Nghwaler mark of the Intracoastal Waterway; from said beginning point runs thence south 89 degrees SO minutes cast 207 feet to a stake; runs thence north 13 degrees west 74 feet to a stake stuns thence north 89 degrees 50 minutes west with feet to the eastern edge degrees Felt with the eastern edge of said of the Sonunersett Landing Road; rusts thence South I.'road 70 feel to the place and point of bnvoinWrig, the same being Lot No. 1 of the Sam B. Sommerseft property, aS surveyed by M, G. A400 11 cy, Surveyor, on July 15, 1961, and also being a part Of that certain tract or parcel of land conveyed Sam B. S43MMC sett by Viola F. Sommers= by deed dated Apri12, 1959, as the saute appears of record in Book 134 at Page 411, in the office of the ReE Oster of Deeds for Brunswick County, North Carolina. For back reference see Book 868 at Page 557, Bnmvnek County Registry. Tract 5 �' Beginning at an iron stake on The west side of the Samtncrmtt Landing Road 9 feet from center, said beginning point being 2884 feet from where thl, westem edge of the Pavement Of the Sotrtmcnett Landing Road intersects the center of Highway 904 as nseasured a1c-9 the western edge of the pavement of the Sontmersett Landing Road in a southerly surcd runs thence with the western edge of said road, South 13 degrees East 75 feet to an iron stake, Delbert f mson's corner, the= with his litre south 86 degrees 20 minutes west 100 feet to an ir0a stake; thence north 13 degtt;cs vast 75 feet to an iron stake; thence north 845 degrees 20 minutes east IN feel to the point of beginning; provided, that certain 10 font right-of-way heretofore conveyed to Bobby B. White, is cxcelsted from this corrveyannce. Tract 6 S '� ; Beginning at a trail 100"d uirhin the right-of-way of SR 1161, said nail being located 2894 feet, more or lam, south from the center line of NC Highway 904, and also being lacatcd Nrth 02 degteas 46 minutes 30 seconds west 40.28 feet from a nail located in an oak tree, said point of beginning also being known as the "Hamer Frink Cornet"; from said be point i1t1T4 located tbvnrn south 81 degrees SO minutes west f 00 feet to an old iron; tltGnce north08 degrees 55 minutes west 75. t 7 feet to an old iron Pipe; thence north S 1 degrees 56 minutes ast 100 feet to an lrun within the right-of-way of SR 1161; thence south 08 degrees 55 minutes mst 75 feet to the point and place of beginning; provided, this conveyance is made subject to that xrtain easement in favor of Brr nvAck County recorded in Book 761 at Page 1079, in the office of the Brtmswick Cotmty, North Carolina Registry. RF—CEIV ED DCM WILMINGTON, NC JUN 2 3 2021 BTM 823098v2 Tract 7 Ilfllilllllllll�Ifl{I 11![illy sill ' ? Mks6$ :33 $runsw�ctt County, NC Register of Deeds page 6 of I PROP SEYL [F�TRAa; Beginning at a met ca bar se is located at the following dirge courses and distances from a =bar set marking the southern ternzinus of the western litre of the 60 foot right-0f--way of SR 1161 (Sornersett Road); north 96 degrees 17 minutes 52 seconds east 15.01 feet and Knuth 17 degrees 02 minutes 37 seconds cast 22.50 feet to a rebar set and south 75 degrees 02 minutes o3 seconds west 57A6 feet to a point. Thence from said point of beginning, so located, south 14 degmes 51 minutes 49 seconds east 150.01 feet to a point; thence south 75 degrees 06 minutes 20 seconds wnt 152.79 feet to it point marked by a rebar found; thence, north 16 degroea 03 minutes 10 seconds west 149.92 fret to a point; thence, north 75 degrees 02 minutes 03 seconds east 155.79 feet to a point' the point or place of beginning the above -described parcel of land is a portion of the property shoua on that Mr ev map dated Novernber 7, 2006, prepared by Norris & Ward land Surveyors, PA-, entitled "Survey for TJM ]eean Isle Partnars, LLC", reference to which survey maps hereby made for a more complete tnd accurate description Tract S EiG�; A certain tract or parcel of laud located in Shallotte Township, Bnwswick County, NorthCamlula, the same being Lot No. 2 ofthe Sam. B. Sarnmersett Division, according to a map made by M_ G. lvlooney, SurvcYor, and described as follows, 13egiuning at a stake, said stake being .5 toile from the intersecaitm of the Seaside Road and Sommersett Landing Road; ronniag thence south 89 degrees 50 minutes east with a Roadway, 57 Sect to a stake; thence. south 13 degrees East 115 feet to an iron comer; thence Notch 89 degees 50 minutes West 57 feet to a stake on the Somtnersett Landing Road; thence with the said road, North 13 degees West 115 feet to the point cf beginning. This lot lies on the cast side of the Sommersett Landing Road, and is the same lot as that conveyed to Tluomas J. McVey and Jtu uw W. Lindley by Sam B. Sommersett and wife, ?,(mie Sommcrsea by deed dated July 15, 1961 and reeerded in Book 149 at Page 595 in the office of the Register of Deeds for 13tunswick County; the said Junius W. Linfficy having died intestate, a resident of Alamance County, North Carolina, leaving as his sole heir at law, his daughter, the said Peggy 1, Drury, And being the same property as was eonvcpcd by Thomas J. McVey, Widower, to Too lefferson McVey, Jr. and wife, Linda hackney McVey by deed dated I April 1976, recorded in Book 351 at Page 921, Brtuts3vicic County Registry. There is Amber oonveved herewith all right, stle and interest of Grantor in and to that portion of Sommersert Roed wfdch adjoins the property )n its west side and which has been abandoned by the North Carolina ucpar(nwnt of 'transportation. Tract 9 H Tito : Lot No. 3 of the Sam B. Somrnersett lands described in a deed dated April 2, 1959, and th=aftm recorded in Book 134, Page 411, records of Brunswick County, said lot bring specifically located pursuant to survey of M. C_ Mooney, surveyor, on July l6, 196 1, said lot being specifically described as follows: 13EG114N1NG at anoint in the southtm edge of a 15 foot road, the southern edge thereof, far a too lino rem north 89 degrees 59 minutes west a distance of 57 feet, the eastern edge of the Somrnetaetr landing mad, said point of intersection being about one half toile as measured in a northerly direction along the [astern odge of said road from the point where said road intersections with the southern edge oftbo Seaside Road and from said beginning point runs thence south 89 degrees 50 miuutra east with, the Southern edge of said 15 foot roadway, a distance of 75 feet; thence south 13 degrees east, a distaroc of 115 feer; thence north 89 degrees 50 minttm west, a distance of 75 feet; thence north 13 degrees west, a distance of 1, 5 feet, place and Pont{ of beginning, RECEIVE® DCM WiLWNGTQN, NC J U N 2 3 2921 BTM:823098v2 06-22 2021 Tract 10 l�#Ill#I%il lillllki4l#�Il�l#fill#1 mktows ROP Brunswick County, NC Register of heads page 7 of 14 RTC CI': Being lot No. 4 of the Sam B- Sommersett Subdlvrssion, according to map recorded in Book 7, Page 1 ] 0 in the officeof the Register of Deeds of Bnurswack County, North Carolina. BEG NNiNG at a stake it the Allred line; ntns thence west 75 feet to a stake; thence a northerly direction and parallel with the Allred line 115 feet to a stake in the drive way; Brence an easterlq course with the driveway 75 feet to a stake in the Allred line, thcrtce with the Allred line a sc'utherly course 115 Feet to the point of beghirting. Bang the same lands described irk deeds recordsd in Book 1398 at Page 1269, Book 1129 at Page 322, and Book 180 at Page 297 of the Brurrswiek County Registry. Being the same lands desen'bed on the surrey by Jan K, Dale, FLS, dated August 26. 2000, a :spy of wbicb is recorded in Book 2047 at Page 970 of the Bnruswick County Registry and Incorporated herein by reference. =or back reference see Book 2047 at Page 967 of the Brunswick County Registry Tract 11 13ENG all of that certain tract or parcel containing 959.6 square feet (.02 acre) as more ferny described in a survey plat dated 7 March 2009 entity "Recombination Survey for TJM Ocean isle Partners, LLC", paeparesl by Steve M. Morris, P.L-S., Norris �Srard Land Surveyors F.A., and recorded in Map Cabinet 49 at Page 38, in the Of,= of the Register Of Deeds far B--'14 Cotmty, North Carolina to which plat reference is made and which is incorporated herein for greater certainty of description of said property - LESS AND EXCEPT FROM TRACTS 1- 11, INCLUSIVE: All right, titre, and interest in the Ocean Isle Metma and Yacht Club Condominium as set forth in the Declaration of Condominium, nd all amendments thereto and related documents a$ recorded in Declaration of Ocean Isle Marina and Yacht Club, a Condominium, recorded in Book 2638, page 1, to vAlh Su em ptental Dectarations recorded in Book 2644, page 82C; Book 2773. page 1 (rerecorded in Book 2775 page 2$7): Book 2B6 , page 625; Book 2908, page 200: Book 2917. page 160: Rook 2951. page 764 rerecorded In Book 2951, page 1228; Book 3109, page 250; Book 3434, page 548; Book 3620, page 1301; and Book 3648. page 812, and as affected by Consent recorded a1 Book 2756. page 443 and any subsequent amendments !hereto. Decaration of wft�awal of Property from Ocean Isle Marina and Yacht Club, a condominium, recorded In Book 2651. page 843_ Plats recorded in Condominium book 11, pagea 392-397: Book 11. pages 414.419; Book 12, pages 65-67; Book 13, pages 57.5S; Book 14, pages 7-11; Book 14, pages 18-1g; Book 14, pages 44-46; Book 15. pages 12-14; Book 17, pages 8-10, and any subsequent arnendments thereto. RECEIVED DCM VJ#LMINGTON, NC JUN 2 3 2Q21 0TM:8236980 Tract 12 flll�lllfl�lllllflfllifIllfllflflf Ili nt! M 16:33-53 .001 Brunswick County, NC Register of Deeds paginnor's PROP e 8 of 14 Beginning at a point in the norihem right of way of dw Atlantic Intra Coastal Waterway, said point hieing located South 81 degrees 32' 08" West 257,17 fccl from US Army Corps of Engineers monumcat'F25-6; thence front point of beginning and With the aforesaid right of vas South 81 degrees 32' 08" West 193.02 feet to a point; Chance Soutb 08 degees 27` 53" East 78.09 Fect to a point; thence South 81 degrees 25' 52" West 188.7o feet to a point, thence Sotetlt 08 dcbnvts 27 53" East 4U7 fite to a point; thence North 81 degim 32` 07" East 381.72 Feet to a point. thence forth 08 degroes 27' 53" West 118.79 Feet to the POINT AND PLACE OF BEGINNING: is shown on a survey prepared by Norris & Ward Lind SumcyVrs. PA, elated November 18, 008 and enliticxt "Submerged Land Fascmcnt for I NI (kcan isle Partners, Tract 13 Parcel A Being all of Unit Black 3B, Unit Black 4A, Unit Black 5A, Unit Black 5C, Unit Black 6A, Unit Black 6C, Unit Black 7A, Unit Black 8C, Unit Black 9B, Unit Black 1 OA, Unit Black 1 OB, Unit Black 11 A, and Unit Black 11B of Ocean Isle Marina and Yacht Club, a Condominium as more fully described in the plats and plans thereof entitled "Survey of Ocean Isle Marina and Yacht Club, a Condominium", dated March 28 2009, prepared by Steve M. Norris, PLS, Norris & Ward Land Surveyors , P.A., recorded in Condominium Book (Cabinet)12 at Pages 65 through 67, both inclusive (collectively, the "Plat"), and in the "Declaration of Ocean Isle Marina and Yacht Club, a Condominium", of TJM Ocean Isle Partners, LLC, Developer and Declarant, recorded in Book 2638 at Page 1, and amended in Book 2644 at Page 820 and Book 2773 at Page 1 and re -recorded in Book 2776 at Page 297 ("the Declaration"), in the Office of the Register of Deeds for Brunswick County, North Carolina, the Plat and the Declaration being incorporated herein by reference for greater certainty of description, together with the undivided interest in the common elements appurtenant to the Unit as stated in the Declaration, which interest is subject to change and reallocation upon addition of any new Condominium Units as provided in the Declaration. Parcel B Being all of Unit Red 6, Unit Red 15, and Unit Red 24 of Ocean Isle Marina and Yacht Club, a Condominium as more fully described in the plats and plans thereof entitled "Survey of Ocean Isle Marina and Yacht Club, a Condominium", dated 5 June 2007, prepared by Steve M. Norris, PLS, Norris & Ward Land Surveyors , P.A., recorded in Condominium Book (Cabinet) 11 at Pages 392 through 397, both inclusive and amended in Condominium Book (Cabinet) I at Pages 414 through 419, both inclusive (collectively, the "Plat"), and in the "Declaration of Ocean Isle Marina and Yacht Club, a Condominium", of TJM Ocean Isle Partners, LLC, Developer and Declarant, recorded in Book 2638 at Page 1, and amended in Book 2644 at Page 820 ("the Declaration"), in the Office of the Register of Deeds for Brunswick County, North Carolina, the Plat and the Declaration being incorporated herein by reference for greater certainty of description, together with the undivided interest in the common elements appurtenant to the Unit as stated in the Declaration, which interest is subject to change and reallocation upon addition of any new Condominium Units as provided in the Declaration. Parcel C Being all of Unit 5, Eastern Mailbox of Ocean Isle Marina and Yacht Club, a Condominium as more fully described in the plats and plans thereof entitled "Survey of Ocean Isle Marina and Yacht Club, a Condominium", recorded November 25, 2008, prepared by Steve M. Norris, PLS, Norris & Ward UJ Land Surveyors , P.A., recorded in Condominium Book (Cabinet) 13 at Pages 57 through 59, inclusive, and (collectively, the "Plat'), and in the "Declaration of Ocean Isle Marina and Yacht Club, a Condominium", of TJM Ocean Isle Partners, LLC, Developer and Declarant, recorded in Book 2638 Wf at Page 1, and as amended ("the Declaration"), in the Office of the Register of Deeds for Brunswick County, North Carolina, the Plat and the Declaration being incorporated herein by reference for greater U certainty of description, together with the undivided interest in the common elements appurtenant to.i. the Unit as stated in the Declaration, which interest is subject to change and reallocation upon addition of any new Condominium Units as provided in the Declaration. BTM:92309$v2 Parcel D 1Bru sw 1111��i����� 41,11� �111 $ ! 1 �ciV m�mons 53 DROP grunsvick Coav,ty, NC Regaater . .. of Ceeds page 9 of ]4 Being all of Unit 19, Western Mailbox of Ocean Isle Marina and Yacht Club, a Condominium as more fully described in the plats and plans thereof entitled "Survey of Ocean Isle Marina and Yacht Club, a Condominium", recorded April 24, 2009, prepared by Steve M. Norris, PLS, Norris & Ward Land Surveyors, P.A., recorded in Condominium Book (Cabinet) 14 at Pages 18 through 19, inclusive, and (collectively, the "Plat"), and in the "Declaration of Ocean Isle Marina and Yacht Club, a Condominium", of TJM Ocean Isle Partners, LLC, Developer and Declarant, recorded in Book 2638 at Page 1, and as amended ("the Declaration"), in the Office of the Register of Deeds for Brunswick County, North Carolina, the Plat and the Declaration being incorporated herein by reference for greater certainty of description, together with the undivided interest in the common elements appurtenant to the Unit as stated in the Declaration, which interest is subject to change and reallocation upon addition of any new Condominium Units as provided in the Declaration. Parcel E Being all of Unit 1K, Unit 40K, Unit 49K, Unit 52K , and Unit 74K of Ocean Isle Marina and Yacht Club, a Condominium as more fully described in the plats and plans thereof entitled "Survey of Ocean Isle Marina and Yacht Club, a Condominium", recorded April 2, 2009, prepared by Steve M. Norris, PLS, Norris & Ward Land Surveyors , P.A., recorded in Condominium Book (Cabinet) 14 at Pages 7 through 11, inclusive, (collectively, the "Plat"), and in the "Declaration of Ocean Isle Marina and Yacht Club, a Condominium", of TJM Ocean Isle Partners, LLC, Developer and Declarant, recorded in Book 2638 at Page 1, and as amended ("the Declaration"), in the Office of the Register of Deeds for Brunswick County, North Carolina, the Plat and the Declaration being incorporated herein by reference for greater certainty of description, together with the undivided interest in the common elements appurtenant to the Unit as stated in the Declaration, which interest is subject to change and reallocation upon addition of any new Condominium Units as provided in the Declaration. Tract 14 Tract 1: Being all of that (1) tmet or parcel of laced containing 0.19 acres or 8,323.13 square feet, more or less, (2) tn=t or parcel of land containing 377.75 square feet marked "Gap 377.75 Sq. Feet", and (3) tract or parcel of land containing 125.77 square feet marked "Gap t25.77 Sq. Feet", which as show on that survey by Norris & Ward Land Surveyors, PA, dated August 31, 2018, a copy of which survey is attached hereto as Exhibit A and incorporated herein by reference Par greater certainly of description. Trot 2: Being all of Granters right, title and interest in Allred Street and the remaining portion of Allred Street and Allred Street including but not limited to, the tract or parcel of land containing 0.01 acres or 266.99 Sq. Feet, =rc or less, marked "Remaining Portion of Allred Street, 266.89 Sq. Feet 0.01 Acres" on the above -referenced survey a copy of which is attached hereto as Exhibit A and incorporated herein by reference for a greater certainty of description. AS TO CERTAIN PARCELS AS STATED BELOW: Together with appurtenant easement rights contained in Book 3018, Page 813 (only as to the benefitting parcels stated therein), Book 4543, Page 1 (only as to the benefitting parcels stated therein), and Book 2858, Page 1194 (only as to the benefitting parcels stated therein). RECEIVED DCM WILMING 1 ON, NC JUN 2 3 2021 BTM;823098v2 -22-2021 BrInd P00 l ons PREP $runswack County, KC Register of Deeds page 10 of 14 Exhibit B I. Taxes or assessments for the year 2021, and subsequent years, not yet due or payable 2. The following matters affecting the Title disclosed by survey entitled "Survey For Southern Marinas, LLC" by Steve M Norris PLS, dated October 28, 2020, last revised April 23, 2021, further revised June 15, 2021: a. service utilities; b. existing concrete and wooden bulkhead(s); c. existing water line easement and abandoned waterline easement DB 3250 PG 880; d. access easement as referenced in deeds; e. riparian easement DB 2858 PG1194; f. gap indicated on northern boundary of Allred Holdings, LLC tract. 3. Any right, easement, setback, interest, claim, encroachment, encumbrance, violation, variations or other adverse circumstance affecting the Title disclosed by plat(s) recorded in Map Cabinet T , Page 15,Map Cabinet 47, Page 23, Map Cabinet 48, Page 50, Map Cabinet 49, Page 24, Map Cabinet 49, Page 38, Map Cabinet 68, Page 42, Map Cabinet 70, Page 47, Map Cabinet 125, Page 40 and 41. 4. Any right, easement, setback, interest, claim, encroachment, encumbrance, violation, variations or other adverse circumstance affecting the Title disclosed by plat(s) recorded in Condominium Book 11, Pages 392-397, Book 11, Pages 414-419,Book 12, Pages 65-67, Book 13, Pages 57-59, Book 14, Pages 7 - ILBook 14, Page 18-19, Book 14, Pages 44-46, Book 15, Page 12-14 and Book 17, Pages 8-10 and any and all further amendments heretofore and subsequently recorded. 5. Cost Sharing Agreement with Allred Holdings, LLC recorded in Book 4542, Page 1384. 6. Cost Sharing Agreement by and between Ocean Isle Marina and Yacht Club Owners Association and Allred Holdings, LLC recorded in Book 4543, Page 10. 7. Deed(s) of Dedication recorded in Book 3250, Pages 888 and Affidavit recorded in Book 3250, Page 892,Book 2972, Pages 1172 and Affidavit recorded in Book 2972, Page 1176 8. Rights of others in and to Access Easement Agreement by and between Ocean Isle Marina and Yacht Club Owners Association and TMJ Ocean Isle Partners, LLC recorded in Book 3018, Page 813, as to Tracts shown on plat recorded in Map Book 49, page 38. 9. Non-exclusive Right of Way and Easement to Darryl Peterson recorded in Book 3128, Page 96. 10. Non -Exclusive Right of way and Easement to Landis Investments, LLC recorded in Book 3129, Page 808 and rerecorded in Book 3139, Page 503. 11. Easement in favor of Brunswick County recorded in Book 3176, Page 3ST 12. Easement in favor of Thomas Jefferson McVey, Jr and wife Linda Hackney McVey granted in deed recorded in Book 2730, Page 749. 13. Matters and easements shown on map attached to deed recorded in Book 2409, Page 116 RECEIVED DCM WIL MINGTON, NC JUN 2 3 2021 1li�l I�IIIIll �F�1!!! I'fll �Ell� ll ■li � �V % � g jns:53.PROP B-w-sweiek Cody, NC Reg1&tar of Deeds page 11 of 14 idled areas; public rights of access to any navigable waters; Land below the mean high-water mark and the right to maintain any dock, pier, boathouse or related improvements is not insured. 24. The correctness of the square footagetacreage computation contained in the description of the Land is not insured. THE FOLLOWING EXCEPTIONS APPLY TO TRACTS 1 - 7 ONLY: 25. Restrictions contained in the Notice of Residual Petroleum recorded in Book 2506, Page 316. 26. Any right, easement, setback, interest, claim, encroachment, encumbrance, violation, variations or other adverse circumstance affecting the Title disclosed by plat(s) recorded in Map Book R, Page 282 and Map Cabinet T, Page 15. 27. Easement to Brunswick Electric Membership Corporation recorded in Book 309, Page 329 and Book FF, Page 361. 28_ Judgment regarding the Intracoastal Waterway recorded in Book 66, Page 335. 29. Denial of claim to submerged lands in favor of the State of North Carolina recorded in Book 974, page 601. 30. Easement(s) in favor of Brunswick County recorded in Book 767, Page 679,Book 767, Page 688,Book 761, Page 1079, 31. Deed of Easement in favor of RHF Enterprises, Inc. recorded in Book 794, Page 933. THE FOLLOWING EXCEPTIONS APPLY TO TRACTS 4, 5, 6 ONLY: 32. Reservation of 10 foot right of way recorded in Book 409, Page 803. 33. Easement to Brunswick County recorded in Book 761, Page 1079 and Map Book T, Page 246. THE FOLLOWING EXCEPTIONS APPLY TO TRACTS 9-10 ONLY: 34. Any right, easement, setback, interest, claim, encroachment, encumbrance, violation, variations or other adverse circumstance affecting the Title disclosed by plat(s) recorded in Map Book 7, Page 110 and Book 2047, page 967. THE FOLLOWING EXCEPTIONS APPLY TO TRACT 14 ONLY: 35. Any easements or servitudes appearing of record prior to September 5, 2018, 36. Any reversionary interest, reverters, and rights of entry appearing of record prior to September 5, 2018. 37. Any lease, grant, exception, or reservation of minerals or mineral rights or other subsurface substances appearing of record prior to September 5, 2018 38. Covenants, conditions, or restrictions, if any, appearing in the public records prior to September 5, 2018. RECEWED DCM WILMINGTON, NC J u N 2 3 2021 IIIIII Illl ll� ll 111 dill l 111 l 111 B ? ?? 3:5PROP 30 Brunswick County, NC Rag3ster of Dead& page 12 of 14 14. Terms, provisions, options, right of first refusal, covenants, conditions, restrictions, easements, charges, assessments, and liens provided for in instrument(s) filed for record Declaration of Ocean Isle Marina and Yacht Club, A Condominium in Book 2638, page 1, Book 2644, Page 820, Book 2773, Page 1, (rerecorded in Book 2776, Page 297), Book 2860, Page 625, Book 2908, Page 200, Book 2917, Page 160, Book 2951, Page 784 (rerecorded in Book 2951, Page 1228), Book 3169, Page 250,Book 3434, Page 546, Book 3820, Page 1301,Book 3848, Page 812, Consent recorded in Book 2756, Page 443, any and all further amendments heretofore and subsequently recorded and any related maps, plans, bylaws and other document(s) and amendment(s), but omitting any covenants or restrictions, if any, based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, or source of income, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law. 15. Declaration of Withdrawal or Property from Ocean Isle Marina and Yacht Club recorded in Book 2851, Page 843_ 16. Terms and conditions contained in Submerged Land Easement by and between the State of North Carolina and TJM Ocean Isle Partners, LLC recorded in Book 2858, Page 1194 and rights of others thereto, including interests, if any, of Ocean Isle Marina & Yacht Club and unit owners therein. 17. Perpetual Use Restriction contained in deeds recorded in Book 2508, Page 1077 and Book 2655, Page 96. 18. 10' right of way in favor of Bobby B White referenced in deed recorded in Book 2416, Page 65. 19. Title to any portion of the Land lying within the right of way of State Road 1161/5ommersett Road. (As to Tract 3) 20. Rights of others in and to the physical and descriptive lines of demarcation between condominium units. (As to Tract 13) 21. Rights of tenants in possession, as tenants only, under unrecorded leases for a duration of less than three (3) years as such tenants are identified in Schedule 28 attached hereto and incorporated herein by reference. 22. All land use and environmental control rules, regulations, and statutes now in effect established by governmental agencies affecting the Land. 23. Riparian and/or littoral rights incident to the Land; rights of others in and to the continuous and uninterrupted flow of the waters bounding or crossing the Land; title to any portion of the Land owned by any governmental entity including, but not limited to, marsh, dredged and/or RECEIVED CCNI WILMINGTON, NC JUN 2 3 2021 Illi�lllllifll�lllllllllfllllllll �'�? ���5-�3P001 ReP Brunswick Coun y, MC Register of Leeds page 13 of 14 THE FOLLOWING EXCEPTIONS APPLY TO THE TRACT ENUMERATED THEREIN: 39. This policy insures against loss or damage incurred by the insured as a result of the inability to reconstruct or use, or the forced or attempted removal of, the currently existing improvements on Tracts 2 and 3 within the setback lines imposed by government ordinance along the western edge of said Tracts to the extent as set forth in Article 10.4 of the Brunswick County Unified Development Ordinance. (AS TO TRACTS 2 AND 3 ONLY) 40. Possible 1000 foot right of way or easement in favor of the United States Army Corps of Engineers for maintenance of the Intracoastal Waterway. (APPLIES TO TRACTS 1, 2 AND 12 ONLY) ND. 4811-5200-6127, v. 1 RECEIVED DCM WILMINCTCN, NC JUN 2 3 2021 Brunswick C-'^ty, NC Reglat.r of Reeds page 14 of 14 Exhibit C 243PHOOI 243PHOO102 243PHOO103 243PH00104 243PHOO105 243PHOO106 243PHOO107 243PHOO 108 243PHOO 110 243PHOO 111 243PH00130 243PHOO133 243PHOO136 243PHOO 141 256EB025 256EAOIO 256EB002 256EB003 256EB005 256EB007 RECE E DOM WILMINGTON, NG JUN 2 3 2021 --j �u N CD n d a �• 4 a � o 0 �o n � y � h v 0) 0 � v cn nj 3 +• o c KF :� cv l LA 1 O CD Ln (f°o r f° O O r Lon "O � r-r @ O � ro w Z) o O° N