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HomeMy WebLinkAboutSW8121104_HISTORICAL FILE_20131030STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW8 DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE 2 0 1310 30 YYYYMMDD Nelson, Christine From: Nelson, Christine Sent: Thursday, September 11, 2014 3:26 PM To: 'starzero1 @aol.com' Subject: RE: Lattier Landing - SW8 121104 Assuming the only change is the development of the buildings and the common area isn't being sold either, then no. If the Division is made aware that the development is within an existing permitted site, then the current permittees (the lot owners in this case) must sign off on the modification. However, if those 4 un-built lots are sold (or any other piece of the project), then a transfer needs to be submitted adding the new owner(s) to the permit. Christine Email correspondence to and from this address is subject to the North Carolina Public Records Law and maybe disclosed to third parties unless the content is exempt by statute or other regulation. From: starzerolCalaol.com [mailto:starzerolCalaol.com] Sent: Thursday, September 11, 2014 3:14 PM To: Nelson, Christine Subject: Re: Lattier Landing - SW8 121104 Christine, Thank you for your quick response to my request. The property owners here still have one question. If, in fact, a builder purchases the un-built lots can he/she obtain a modification to the present permit without the current property owners approval? Thank you so much for your help. Steve Sent from Windows Mail From: Nelson, Christine Sent: Thursday, September 11, 2014 10:42 AM To: starzerol@aol.com Steve, Thanks for the phone call yesterday. I was able to confirm that the 4 un-built lots (lots 101, 103, 105, and 107) were not included in the built -upon area allocation for the development. Per the plans submitted and approved on October 30, 2013, the following amounts of built -upon area were approved for the post development condition: Gravel Drive / Parking — 6,713 sq ft (after removing 2,300 sq ft along the drive and parking area) Buildings — 4,400 sq ft Concrete — 480 so ft Total—11,593 sq ft I have also attached a copy of the permit for your review and records. If it is now desired to develop these four lots, then a modification to the permit will be required. If these 4 lots are developed, then the project will no longer meet the redevelopment exclusion criteria and will likely result in the project MEMORY TRANSMISSION REPORT TIME :11-04-2013 12:09 FAX NO.1 NAME FILE NO. DATE TO DOCUMENT PAGES START TIME END TIME PAGES SENT STATUS 651 11.04 12:08 ft 919194676008 2 11.04 12:08 11.04 12:09 2 OK `SUCCESSFUL TX NOTICE' NC�ENR North Carolina Department of Environment and Natural Resources Division of Energy, Mineral, and Land Resources Tlncy F. Davis, PE. CPM Pat MOCmry, Cesar.., Director John E. Skvarla, III, Secretary October 30. 2013 Mi, Larry Craig Taylor at al., owners of the unbulll Unite 101. 103. 105. and 107 antl 4/8 ownarw of the 17g Rooaor Putman Rd. Broadway. NO L7505 64 obul h IS Sand treet aholoy Barth, ownars of Unit 202 and 1/a Ownara of the crrmmon area Jackeonvllle. NO 26540 Ma. Amy Twylor at al. (includes Larry Craig '1 oylor and Andrea Falrclolh), owner! of Unit 204 and 11. 1' 0 Rowo"here oflhe r Pitt an Rd. as Broadway, NO 27506 Mr. Slavon J. and Diwnn I- Purdy, owners of Unit 208 antl 118 owno,a of the common area 3d40 Owlrympla Reed Chesapeake Beach. NO 20732 M.. wale war Cry. a a wirer of Unit 208 and 1/8 uwrm, or O,o common area Surf City. NO 284446/- Sabjoc[: 8tormwatar Parmll Czcluolon - RatlavOlopmsn! G _ Pettier Lending Pbaoo Ponida r Countyr3Wa121104 Coar Mr. Craig of ol.. Mr, and Mm. Barth. Mr. and Mre. Purdy.. and Me. Coy: On September 23. 2013, the Wllminpton Roplonal Offix of lha OnntflOh of Enorov. Mineral and Lond era olouno a..r tnrratInp ra,alramante on aelon Laved 2d008-211. OffoOtWe October 1. 2008. and [ha [Ormwotor rules Wllming,nn Regional OHlca 121 Cardlnal Do- E.noail , wllmingbn. NorO, Carolina 28405 Phone: (910) 71I K7210 / Fax(910) 380-2004 Nelson, Christine From: Dan Rizzo [danrizzolaw@yahoo.com] Sent: Tuesday, October 29, 2013 2:33 PM To: Nelson, Christine Cc: ctaylorconstruction@aol.com Subject: Lattier Landing Christine, In reference to the deed from the Lattier Landing HOA to the owners of the lots Andrea Faircloth was part of the 5/8's owned by Larry and Amy Taylor and should not have been conveyed an additional 1/8 interest. Please let me know if I need to do anything else for you. Dan Rizzo, Attorney Lattier Landing— Phase 1 Redevelopment Exclusion Narrative Project Narrative: Lattier Landing — Phase 1, located in Surf City, NC, was originally planned as a residential development consisting of eight townhome units. Michael Cole was the original developer, but went bankrupt after building only four townhomes. Mr. Cole was able to sell one townhome to Mr. Leonard Grady, and Newbridge Bank foreclosed on the remaining properties. The remaining townhomes were purchased by private investors and subsequently sold to the current property owners. The remaining four undeveloped properties were eventually purchased by Mr. Craig Taylor and Mr. Leonard Grady to preserve parking area on the subject property. Property Owner Information: Owner Address Larry Craig Taylor et al (Units 101, 103, 105, 107) 179 Rosser Pittman Rd Broadway, NC 27505 Zebulon E. & Asheley K. Barth (Unit 202) 454 Agerholm Street Jacksonville, NC 28540 Amy Taylor et al (Unit 204) 179 Rosser Pittman Rd (includes Larry Craig Taylor & Andrea Faircloth) Broadway, NC 27505 Steven J. & Diana L. Purdy (� �74] 3640 Dallrymple Road Chesapeake Beach, NC 20732 Marianne Coy (U�k ao3) 208 Waterway Lane Surf City, NC 28445 Common Area Interests Amy & Craig Taylor-4/8 (For Addresses, Please see above) Andrea Faircloth —1/8 Zebulon E. & Asheley K. Barth —1/8 Mary Ann Sneeden-Coy —1/8 StevenJ. and Diana L. Purdy-1/8 Previous Property Development: The subject property was originally developed as a mobile home park with 5 trailers and a gravel access drive and parking area. The total built upon area for this project was 11,607 square feet (4,507 square feet of gravel access and parking and 7,100 square feet of buildings). The project sheet flowed into an existing marsh area, and no piped conveyances were provided. Current Property Development: The subject property is currently developed with four townhome units and a gravel access drive and parking area. The total built upon area for this project is 13,893 square feet (9,013 square feet of gravel access and parking, 4,400 square feet of buildings, and 480 square feet of concrete pads). The project sheet flows into an existing marsh area, and no piped conveyances were provided. Applicable Redevelopment Exclusion: EC E I M E OCT 2 8 2013 BY: !I The current development has 2,286 square feet of additional built upon area as compared to the previous development on this property. To meet the redevelopment exclusion requirements, it is proposed to remove 2,300 square feet of the existing gravel drive and parking area as depicted in the plans. With the removal of this built upon area, and storm water sheet flowing across at least 30' of grassed area prior to reaching the marsh area, the current development will meet the redevelopment exclusion requirements. 13'v3 - 0,3Q=I1,593 5T-% •41 Nelson, Christine From: Nelson, Christine Sent: Monday, October 28, 2013 11:53 AM To: 'McKenzie, Tucker' Subject: RE: Lattier Landing submittal Thanks! I will see what I can do on getting the permit/approval letter to you faster. The best I will probably be able to do is to have a copy of the signed letter faxed. The next time you are in a hurry for a project, you might want to consider submitting through the express program. Christine Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation. -----Original Message ----- From: McKenzie, Tucker [mailto:TMcKenzie@withersravenel.com] Sent: Monday, October 28, 2013 11:33 AM To: Nelson, Christine Subject: RE: Lattier Landing submittal Christine, Please see attached revised Project Narrative. Regarding the common area, there was a mistake made, and The Taylors should only have 4/8ths undivided interest. This will get re -recorded ASAP to correct this. Thanks for catching it. I will forward the updated document as soon as it is recorded. One more question - Is there any way I could get you to email me the permit that you will be mailing out (once you get it finished of course). The Taylors wanted to get that to their attorney so they can be writing whatever deed restrictions they need to and possibly speed up the closing by a couple of days. Then once they receive the official permit, they can just go ahead and sign the closing documents. Let me know if you need anything else, and thanks again for all of your help on this. Thanks, -Tucker McKenzie -----Original Message ----- From: Nelson, Christine [mailto:christine.nelson@ncdenr.gov] Sent: Monday, October 28, 2013 10:04 AM To: McKenzie, Tucker Subject: RE: Lattier Landing submittal Again, I apologize for the duplicate e-mails. I was trying to document the latest changes to the common area but, if I'm adding up the interests correctly, it looks like the common area has been split into 9/8ths: The Taylors - 5/8 Ms. Faircloth - 1/8 Mr. & Mrs. Barth - 1/8 W1 Ms. Coy - 1/8 Mr. and Mrs. Purdy - 1/8 = 9/8 How is that possible? Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation. -----Original Message ----- From: Nelson, Christine Sent: Monday, October 28, 2013 9:54 AM To: 'McKenzie, Tucker' Subject: RE: Lattier Landing submittal Tucker, I recall having a conversation about updating the narrative with the correct owners, which units they own, and the owner's correct addresses. Can you please provide an updated narrative? Christine Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation. -----Original Message ----- From: McKenzie, Tucker[mailto:TMCKenzie@uwithersravenel.com] Sent: Friday, October 18, 2013 1:20 PM To: Nelson, Christine Subject: RE: Lattier Landing submittal Christine, Please give me a call regarding this (919-238-0334). I have the addresses of the townhome owners (see below). I need to discuss the "HOA" property so I can get a little more clarity, and it would be easier to explain over the phone. Amy Taylor and Larry Craig Taylor 179 Rosser Pittman Road Broadway, NC 27505 Steven J. Purdy and Diana L. Purdy 3640 Dalrymple Road Chesapeake Beach, NC 20732 Mary Ann Sneeded-Coy 208 Waterway Lane Surf City, NC 28445 Zebulon E. Barth & Asheley K. Barth 454 Agerholm Street Jacksonville, NC 28540 Thanks, -Tucker 3 Nelson, Christine From: McKenzie, Tucker [TMcKenzie@withersravenel.coml Sent: Friday, October 18, 2013 1:20 PM To: Nelson, Christine Subject: RE: Lattier Landing submittal Christine, Please give me a call regarding this (919-238-0334). I have the addresses of the townhome owners (see below). I need to discuss the "HOA" property so I can get a little more clarity, and it would be easier to explain over the phone. Amy Taylor and Larry Craig Taylor 179 Rosser Pittman Road Broadway, NC 27505 Steven J. Purdy and Diana L. Purdy 3640 Dalrymple Road Chesapeake Beach, NC 20732 Mary Ann Sneeded-Coy 208 Waterway Lane Surf City, NC 28445 Zebulon E. Barth & Asheley K. Barth 454 Agerholm Street Jacksonville, NC 28540 Thanks, -Tucker -----Original Message ----- From: Nelson, Christine[mailto:christine.nelson@ncdenr.gov] Sent: Wednesday, October 16, 2013 3:32 PM To: McKenzie, Tucker Subject: RE: Lattier Landing submittal Tucker, I'm sorry to bother you again on this project but the address for Zebulon Barth is incorrect. The letter sent to that address on August 19th was returned. I will need a proper address for that owner. Thanks, Christine Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation. -----Original Message ----- From: Nelson, Christine Sent: Wednesday, October 16, 2013 2:29 PM To: 'McKenzie, Tucker' Subject: RE: Lattier Landing submittal 1 Sounds great. Thank you! Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation. -----Original Message ----- From: McKenzie, Tucker [mailto:TMcKenzie@withersravenel.com] Sent: Wednesday, October 16, 2013 2:27 PM To: Nelson, Christine Subject: RE: Lattier Landing submittal Christine, Thank you. I will run this down this evening and shoot you an email so you will have it first thing tomorrow. Thanks, -Tucker McKenzie -----Original Message ----- From: Nelson, Christine [mailto:christine.nelson@ncdenr.gov] Sent: Wednesday, October 16, 2013 2:26 PM To: McKenzie, Tucker Subject: RE: Lattier Landing submittal A good place to start would be to find the current deed for the property. Once the deed is located, then make sure the correct owner is listed in the narrative. Christine Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation. -----Original Message ----- From: McKenzie, Tucker [mailto:TMcKenzie@withersravenel.com] Sent: Wednesday, October 16, 2013 2:22 PM To: Nelson, Christine Subject: RE: Lattier Landing submittal Christine, That's a very good question. I have had a call into the attorney's office that was supposedly the registered agent for the HOA, and have yet to receive a call back. I don't know of any other way to find out. If I had to assume, I would assume Lattier Landing Phase 1 also. Please let me know if there is anything I can do to help you out. Thanks, -Tucker McKenzie -----Original Message ----- From: Nelson, Christine [mailto:christine.nelson@ncdenr.gov] Sent: Wednesday, October 16, 2013 2:16 PM To: McKenzie, Tucker Subject: RE: Lattier Landing submittal 9 Tucker, Can you please clarify which Lattier Landing HOA is associated with this development? There are two registered with the Secretary of State - Lattier Landing Homeowners Association, Inc and Lattier Landing Phase I Homeowner's Association, Inc. The Fender County GIS website appears to indicate that Lattier Landing Phase 1 Homeowner's Association, Inc is the property owner but the other association listed in the narrative as being the owner. Thanks, Christine Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation. -----Original Message ----- From: McKenzie, Tucker [mailto:TMcKenzie@withersravenel.com] Sent: Monday, October 14, 2013 3:52 PM To: Nelson, Christine Subject: RE: Lattier Landing submittal Christine, Unfortunately, the HOA has been non -active, and there is not an HOA president. I believe that all homeowners (with addresses) are listed on the application. I've also listed the former HOA representative from the law firm that was located in Greensboro. I did this for more of a paper trail stand point, so that if necessary, the homeowners can contact the law firm and discuss solutions. Also, I received your voicemail, and I appreciate your help with this. I was going to wait to contact you in the next couple of days, just because I know I have been a bit bothersome with this project. Thanks and feel free to call with any questions, -Tucker McKenzie 919-238-0334 -----Original Message ----- From: Nelson, Christine [mailto:christine.nelson@ncdenr.gov] Sent: Monday, October 14, 2013 3:46 PM To: McKenzie, Tucker Subject: RE: Lattier Landing submittal Tucker, Were you able to confirm who the permittee is for the redevelopment exclusion? Thanks, Christine Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation. -----Original Message ----- From: McKenzie, Tucker [mailto:TMcKenzie@withersravenel.com] Sent: Tuesday, September 24, 2013 1:14 PM To: Nelson, Christine Subject: RE: Lattier Landing submittal 3 Nelson, Christine — From: McKenzie, Tucker [TMcKenzie@withersravenel.com] Sent: Monday, October 14, 2013 3:52 PM To: Nelson, Christine Subject: RE: Lattier Landing submittal Christine, Unfortunately, the HOA has been non -active, and there is not an HOA president. I believe that all homeowners (with addresses) are listed on the application. I've also listed the former HOA representative from the law firm that was located in Greensboro. I did this for more of a paper trail stand point, so that if necessary, the homeowners can contact the law firm and discuss solutions. Also, I received your voicemail, and I appreciate your help with this. I was going to wait to contact you in the next couple of days, just because I know I have been a bit bothersome with this project. Thanks and feel free to call with any questions, -Tucker McKenzie 919-238-0334 -----original Message ----- From: Nelson, Christine [mailto:christine.nelson(@ncdenr.gov] Sent: Monday, October 14, 2013 3:46 PM To: McKenzie, Tucker Subject: RE: Lattier Landing submittal Tucker, Were you able to confirm who the permittee is for the redevelopment exclusion? Thanks, Christine Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation. -----Original Message ----- From: McKenzie, Tucker [mailto:TMcKenzie(dwithersravenel.com] Sent: Tuesday, September 24, 2013 1:14 PM To: Nelson, Christine Subject: RE: Lattier Landing submittal Christine, Thanks for the information. I will pass this on to our client. As I mentioned, I apologize for being over whelming with this projecgt, but they are trying to close on the sale of this property tomorrow. Obviously, I don't think that this can happen, but if there is anyway to speed this process up, we would be extremely greatful. I understand there has to be a process for this to be reviewed. If there is anything we can do to help expedite this process, please let me know. Thanks again for all of your help, -Tucker McKenzie From: Nelson, Christine [christine.nelson@ncdenr.gov] i Sent: Tuesday, September 24, 2013 12:44 PM To: McKenzie, Tucker Subject: Lattier Landing submittal Tucker, This is to confirm that the redevelopment exclusion for Lattier Landing was submitted to the Division for review on September 23, 2013. The process for projects submitted to the regular stormwater program is to undergo a completeness review prior to accepting the project. This completeness review is conducted to ensure all the pieces and parts have been submitted. Once the package has been accepted, the goal (as far as I know) is to review the package in 45-60 days. If additional information is needed, the permittee will be contacted. Please let me know if you have additional questions. Christine ** Please note the new direct phone number ** Christine Nelson Environmental Engineer State Stormwater Program NC Division of Energy, Mineral and Land Resources 127 Cardinal Drive Ext., Wilmington, NC 28405 Direct: 910-796-7345 / Main: 910-796-7512 / Fax: 910-350-2004 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation. z Date Filed: 10/23/2013 11:40:00 AM Elaine F. Marshall North Carolina Secretary of State State of North Carolina Deparhnent of the Secretary of State C20I3 290 00879 - i 1 ARTICLES OF DISSOLUTION BY DIRECTORS, NYNMERS, AND THIRD PERSONS OR`-. NONPROFIT CORPORATION Ptaseent to §SSA-14-04 6fthe General Statutes of North Carolina, the undersigned corporation hereby submitb the following Artiples...: of Dissolution for the purpose of dissolving the corporation " 1. Thenameoftheeorporationis,Lattier Landing Phase 1 Homeowner's Association, Inc. 2. The names,titles, and addresses of the officers of the corporation Are- Amy maulare President Ana Wataruray T.ano.. Rttrf ri t-y MC 9nd6.S,. �wgm,,jCYr SBCiBt.a Sjr� Treas3urer 204 Waterway Lane Surf City- NC 2AAA9 , 3. The names and addresses of the directors of the corporation are: See attached 4. Attache" the plan of dissolution as required byN.C.GS. §55A-14-03. 5. The dissolution of the corporation was authorized atthe thiay of 20j. 6. (Check q b, and/or, c, as applicable) s _Approval of members was not required far the dissolution, and the plan of dissolution was 9proved by a sufficient vote of the board of directors b. ,x_Approval of the members was requn-ed for the dissolution, and the plan of dissolution was approved as required by Chapter 55A of the North Carolina General Statutes. o. Approval of the dissolution by some person or persons other than the members or the board of directors was required pursuant to N.C.G.S. §55A-14-02(a)(3), and such approval was obtained. 7. These articles will be effective upon filing, unless a delayed date and/or time is specifies This the 16 thday of October 20_} 'S Notes: I. Filing fee is S15. This document and one exact or conformed copy of these articles must be Sled with the Secretary of State. (Bgy&ed.lamrmy 2000) (Form N-06) CORPORATIONS DIVISION P.0-BOX 29622 RALE1011, NC 2762"M C201329000879 PLAN OF DISSOLUTION THE ONLY ASSET OF THE CORPORATION 15 THE COMMON AREA WHICH WILL BE DEEDED TO THE BOARD OF DIRECTORS WHO ARE THE SOLE PROPERTY OWNERS OF THE TOWNHOUSE UNITS IN LATTIER LANDING, PHASE 1 0 C201329000879 I a AMY TAYLOR AND LARRY CRAIG TAYLOR STEVENJ. PURDY AND DIANA L. PURDY MARY ANN SNEEDEN-COY BOARD OF DIRECTORS. ZEBULON E. BARTH AND ASHELEY K. BARTH 179 ROSSER PITTMAN ROAD BROADWAY, NC 27505 3640 DALRYMPLE ROAD CHESAPEAKE BEACH, NC 20732 208 WATERWAY LANE SURF CITY, NC 28445 202 WATERWAY LANE SURF CITY, NC. 28445 0 1 C I TOBEK,1'5,2PI,3 ec Amy Ta"yioT-- ya- ' I ted'Prosidmvo thean :-nugA' UYLUI �os!e was=Occ rasSecrc `-',Trids'uf—ir-; ­ d 'le�Edic6nVeying,ailloftthe common area ' -�T�'lo sfauthRriKe zespecuvc,intcrcbu-- 3. Arn . y Taylor, - was - aiioionzid:t6.4igiI,A:r�icies'of,'f)m6juuon dis§oMh9 tli6 §eall. rAmycTaylor ;(sea,),: Larry go aywr. Atidria,Fairolbtlf! NORTH�CkROI- . AGiENlY'DEEDER-kL M51-6246440000 THIS THISDEEDi Made this li 5th'. 4ay.6f..0.ct,bbei,,2013,';VY,Rnd bCt*PqTf And I Deeds of County] N&th' line: The ,oTpeny,hereiiTabove 'ldiscriba%,AsicqUir6dby.Grehtoi'O iiistrmen,recbrde; inBwk'S7'08;Page 67; .., id appuiteriances thereto bei6ngi,geto. e. "a 'th 6mrteein• tee simple. Acstricti6fis arid Easeinents,-fif rivcorc; ipmny,. IN WTMTM the forego4as otthe day and.year i7v:aiiovewiiften: LAT. MRXANDING.14 OWNEWS A5,k f �Z NO), at c St . ate,,of.N6rt - hecre-tary�a' - Carolin- DcDepartmentrDepartmentDepartmenthe.s 'Of i ---I-. I - �o f AATI=& I - - iis , — . . 2- Tbz names-,- tiMS,Rnd ad&esw 6ftbedfricars ofthr.como�l. On -rreasuzeL 3. ,S e-, Ar- ,4. AUChed is.Efiq n bf' *d"$o §5SX-14t,.03' . Tfie,&ssgdtjoh'Of &eOjpomtxon.was.S I�iLllifit JDct 6, ;(Ch;jjkm b, i2ndlar, C;.jw,6W!dablr-) plan 4ifed"bi the'dssObLl#9n,'Hn 4- ,x 'Approval of mcmb6x*yqp POITIeq. d:wis j1ppm ms;re� q vovoteof the boarOf difectOrs- -dili 'Inn of diwo ution y I 'tt� I 6. -Approklic _q on"Ba tpl— vim�req*od 0 Utb e�th irnbeft or thepc�ard of These articles i�.ffbwaactive;UPOWP094- em a delayed....-dste,UaWoln Urde 7. 1-hi&lhe _l .6t-Wz;y,Of Lo �tgber I bI. mSlW E P.O. -, BO X:�-W 0 pj.AgbF.DjSSOLUTION THE ONLY�A§ F'THECORPORATIONI I -15 . T I HE cOmMONAREKWHICH . I WILL BE.: 0 E E D ED 7,0;,T,H E BOARD OF:p1REGfORS'WHO;ARE THE SOLE'PROPERTV OWNERS E T 0 WN HOUSE UNITSJ N L ATTIER LANDING; PHASE I- I �,M-t ------------ BOARD OF DIRECTORS AMY TAYLOR AND LARRY CRAIWTAYLOK STEVEN t'P.,U RDYrAN D! DIANA i-L. RUkDY NjARY'ANN.SNEEDEWCOY ZEBULdN BARTH 176 kdSSIfA'prr.T.MAN ROAD, BROADWAY;�k :ff5bt RYMPLE-'R-OA` b 3640VAL -1 CHESAPj4 !208VATERWAYL.ANE :SURF. crtY,,NC' 2*5. 202 WATERWAY. LANE: SURF CITY, NC,128445 Nelson, Christine From: Scott, Georgette Sent: Tuesday, October 15, 2013 9:21 AM To: Nelson, Christine Subject: RE: Lattier Landing - Redevelopment Exclusion ?? As we discussed. Make sure they understand that they can't build over the redevelopment BuA. From: Nelson, Christine Sent: Monday, October 14, 2013 5:17 PM To: Scott, Georgette Subject: Lattier Landing - Redevelopment Exclusion ?? The original permit covering both phases was issued August 16, 2006. The plans approved in August 2006 identify these 4 townhouse as "existing". To confirm, I checked with Google Earth and the County records. According to Google Earth aerial photos, the townhouses first clearly show up in imagery dated August 30, 2006. 1 dug a bit further and found that the plat for this area was recorded with the county on November 8, 2005 and that 2 of the 4 constructed town houses on the plat are identified as "existing". I tried looking at the county websites for the date the other two houses were constructed but have not been able to find that yet. Additionally, the stormwater control permitted in 2006 never included the runoff from the constructed townhouses. I think that answers all the questions. How would you like me to proceed? •' Please note the new direct phone number " Christine Nelson Environmental Engineer State Stormwater Program NC Division of Energy, Mineral and Land Resources 127 Cardinal Drive Ext., Wilmington, NC 28405 Direct: 910-796-7345 / Main: 910-796-7215 / Fax: 910-350-2004 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation. ✓G7nJ Jf /.a J�/-L� /�J1p-zti 0 Project Name: Project Location: // � t,o/mpiece�ness neview a 11MMuaL Received Date: N_Ge � � c � k-t- Accepted Date: 9a'? d 3 / j Rule(s) 2008 Coastal ❑1995 Coastal Phase II (WiRO) Universal �1988 Coastal Type of Permit: New or Mod or PR Existing Permit # (Mod or PR): PE Cert on File? Density; -HD or-- --- --LD - %: OK?) Subdivided?: Subdivision .-Type:--Commercial -.—or.-.=-.Residential__ Stream class: ❑SA Map or Sinale Lot JMORW Map DOffsite to SW8 MExempt Paperwork Emailed Engineer on: ❑Supplement(s) (1 original per BMP) B M P Type(s): ❑O&M with correct/original signatures (1 original per BMP except LS/VFS and swales) Application with correct/original signatures ❑ Deed Corp or LLC: Sig. Auth. per SoS or letter ❑Email Address: Design Engineer r--1$505 (within 6mo) Email Address: Owner ❑Soils Report with SHWT Note to Reviewer: ®Calculations (signed/sealed) D a _ter () F1No obvious errors 1S6-'^-C-cp'v )Density includes common areas, etc Deed Restrictions, if subdivided: l� Signed & Notarized (x v v ]Correct Template (Comm/Res & HD/LD) or Dec. Covenants & Rest. Plans ❑2 Sets Grading Vicinity Map ® Legend Report Bottom: Additional Information: Permitted Details (roads, cul-de-sacs, curbs, sidewalks, BMPs, Buildings, etc) Delineated or No Wetlands (proposed BUA dimensions) )DA Maps Wet Pond Soils Report SHWT: PP: Proposed: Offsite Project Boundaries Cert for Master JDeed Rest for Master BUA Permitted (Master): BUA Proposed (Offsite): Lot #: Lot # Matches Master sf sf Proposed: Proposed: BUA (sf) DA (sf) PP (el) SHWT (el) Depth (ft) SA (sf) I WITHERS a'" RAVENEL ENGINEERS PLANNERS I SURVEYORS September 23, 2103 Christine Nelson NCDENR-DEMLR, Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405 RE: Lattier Landing — Phase 1 W&R No. 2130349.00 Dear Christine: r� 12t(0� Q Please find attached two copies of the redevelopment exclusion plans for Lattier Landing — Phase 1. Also included is the project narrative as required for redevelopment exclusion. This plan and narrative have been produced per your request for a state storm water management permit application update. In your request, it was noted that a letter regarding the state storm water permit (SW8060716) had been issued to Lattier Landing Phase 1 Homeowners Association. Unfortunately, all four home owners were unaware that a homeowners association existed for this site, and subsequently were unaware of this notification. Additionally, one week after receiving this letter, all four home owners received a letter of resignation from a June L. Basden of Carruthers & Roth, P.A. With this, please excuse the tardiness in getting a response to your request. Please advise if you have any questions or comments regarding the attached plans and supporting documentation. Sincerely, WITHE S &RAVENEL, INC. ECEIp®E Fog ®! Tucker McKenzie SEP 23 2013 Attachments BY. -- cc (letter only): Larry Craig Taylor et at (Units 101, 103, 105, 107) Zebulon E. Barth (Unit 202) Amy Taylor et al (Unit 204) Leonard D. Grady et al (Unit 206) Marianne Coy (Unit 208) June Basden, Registered Agent, Lattier Landing Ph. 1 HOA Inc. Lattier Landing Ph. 1 HOA Inc., do Newbridge Bank 115 MacKenan Drive I Cary, NC 275111 tel.: 919.469.3340 ] fax: 919.467-6008 1 www.withersravenel.com I License No. C-0832 C201324600214 SOSID: 1094991 Date Filed: 9/6/2013 8:21:00 AN1 Effective: 10/7/2013 Elaine F. Marshall North Carolina Secretary of State C2013 246 00214 State of North Carolina Department of the Secretary of State AMENDED STATEMENT OF RESIGNATION OF REGISTERED AGENT Pursuant to § 55D-32 of the General Statutes of North Carolina, the undersigned hereby submits the following statement: 1. I, .TUNE L. BASDEN, hereby resign my appointment as registered agent for the following entity: LATTIER LANDING PHASE'I HOMEOWNER'S ASSOCIATION, INC., a North Carolina corporation 2. The undersigned hereby certifies that written notice of this resignation as registered agent of the entity has been mailed as follows: R. Michael Hendricks 1501 Highwoods Blvd., Suite 400 Greensboro, NC 27410 William C. Jackson III 1501 Highwoods Blvd., Suite 400 Greensboro, NC 27410 William Gaskins, Registered Agent Topsail Holdings and Consulting, LLC 107 Sea Urchin Ct. Surf City, NC 28445 Larry Craig Taylor et al. 179 Rosser Pittman Rd. Broadway, NC 27505 Zebulon E. Barth 202 Waterway Lane Surf City, NC 28445 Amy Taylor, et al. 204 Waterway Lane Surf City, NC 28445 C201324600214 Leonard D. Grady, et al. 206 Waterway Lane Surf City, NC 28445 Marianne Coy 208 Waterway Lane Surf City, NC 28445 3. The registered office is to be discontinued. This the 30th day of August, 2013. CATTIER LAND G PHASE I HOMEOWNER'S ASSOCIATION, INC. ' 1 frot June L. Basden, Re istered Agent f June L. Basden Carruthers & Roth, P.A. 235 N. Edgeworth Street (27401) Post Office Box 540 Greensboro, NC 27402 North Carolina Secretary of State Page 1 of 1 Account Login Register North Carolina Elaine F. Marshall DEPARTMENT OF THE Secretary SECRETARY OF STATE PO Box 29622 Raleigh. NC 2762"622 (919)807-2000 Date: 8/19/2013 Click here to: View Document Filings i PC, PLLC, LP and Non -Profit entities are not required to file annual reports Corporation Names Name Name Type NC LATTIER LANDING PHASE I LEGAL HOMEOWNER'S ASSOCIATION, INC. Non -Profit Corporation Information SOSID: 1094991 Status: Current -Active Effective Date: 4/29/2009 Citizenship: DOMESTIC State of Inc.: NC Duration: PERPETUAL Registered Agent Agent Name: BASDEN, JUNE L. Office Address: 235 N. EDGEWORTH STREET. GREENSBORO NC 27401 Mailing Address: 235 N. EDGEWORTH STREET. GREENSBORO NC 27401 Principal Office Office Address: 1501 HIGHWOODS BLVD. SUITE 400 GREENSBORO NC 27410 Mailing Address: 1501 HIGHWOODS BLVD. SUITE 400 GREENSBORO NC 27410 Officers This website is provided to the public as a part of the Secretary of State Knowledge Base (SOSKB) system. Version 1307 http://www.secretary.state.nc.us/corporations/Corp.aspx?Pitemld=9110756 8/19/2013 1� !r NC®ENR North Carolina Department of Environment and Natural Resources Tracy E. Davis, PE, CPM Director August 19, 2013 Division of Energy, Mineral, and Land Resources Pat McCrory, Governor John E. Skvarla, III, Secretary Current Association President Lattier Landing Phase 1 Homeowner's Association, Inc 1501 Highwoods Blvd., Suite 400 Greensboro, NC 27410 Subject: Request for State Stormwater Management Permit Application Lattier Landing — Phase 1 Stormwater Project No. SW8 121104 Pender County Dear Mr./Ms. Association President: On November 6, 2012, the Wilmington Regional Office issued a letter regarding the state stormwater permit for Lattier Landing, SW8 060716, issued on August 16, 2006. At that time, a file review revealed that the property had been subdivided into two parcels and that each parcel was under new ownership. Please note that state stormwater permits do not automatically transfer with the sale of the land. Since this November 6, 2012 letter was issued, a separate permit has been obtained, by the property owner for Phase 2 of this project. In order for Phase 1 to remain compliant with the state stormwater rules and to continue coverage under a state stormwater permit, please apply for a new permit that demonstrates the development associated with Phase 1 remains compliant with the state stormwater rules. Please understand that the NPDES 010000 Federal Stormwater Permit that is issued with the Erosion Control Plan approval letter for a project site is NOT the same as a Coastal Stormwater Management Permit. As noted above, your site was covered by a Coastal Stormwater Permit; however, conditions of the site have changed. Therefore, please a Stormwater Permit Application Package including 2 sets of plans, completed application form, fee, and supporting documentation, or a written response regarding the status of this project and the expected submittal date must be received in this Office no later than Se tember 18 2013. Failure to respond to this request may result in the initiation of enforcement action, an construction may experience a subsequent delay. Please reference the Project Number above on all correspondence. If you have any questions, please call me at (910)-796-7215. Sincerely, 1/ Christine Nelson Environmental Engineer GDS/can: S:\WQS\Stormwater\Permits & Projects\2012\121104 Registered\2013 08 regTswapp 121104 cc: June Basden, Registered Agent, Lattier Landing Phase 1 Homeowner's Assoc ation, Inc, 235 N. Edgeworth St., Greensboro, NC 27401 Lattier Landing Phase 1 Homeowner's Association Inc., c/o Newbridge Bank PO Box 18807, Greensboro, NC 27419 Units 101, 103, 105, and 107: Larry Craig Taylor et al, 179 Rosser Pittman Rd., Broadway, NC 27505 Unit 202: Zebuloh E. Barth,.202 Waterway Lane, Surf City, NC 28445 Unit 204: Amy Taylor et al, 204 Waterway Lane, Surf City, NC 28445 Unit 206: Leonard D. Grady et al, PO Box 56, Albertson, NC 28508 Unit 208: Marianne Coy, 208 Waterway Lane, Surf City, NC 28445 Pender County Building Inspections Wilmington Regional Office Stormwater File Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 Phone: (910) 796-7215 / Fax: (910) 350-2004 q ;, Johnson, Kelly ,L8 1a )IoU From: Johnson, Kelly Sent: Wednesday, June 12, 2013 2:15 PM To: Scott, Georgette Subject: Transfer Question - SW8 060716 (Lattier Landing) Georgette, This project was foreclosed, and the bank split it into two owners. We sent both sides a letter last fall asking them to either: 1.) Transfer the current permit to the two current owners, and then modify the permit to reflect the current subdivided state under separate permits. 2.) Apply for a new permits for each of the two subdivided parcels. We have received an application for one of the pieces, but not the other. The main issue is that the "half' that we have is the piece where the original BMP was going to be. Now, that "half' is changing the BMP and only treats its own water such that if we permit the half that has been submitted it leaves the other side in limbo without treatment. I think I will have to return the application because this doesn't offer a full solution to the problem. But, I wanted to verify this with you first because the application by itself could be a valid permit and the applicant for this permit doesn't have control over getting the other side to cooperate. Any thoughts on this? Here is a summary for the file (so I don't have to re-create this later): 1. 8/16/06: Originally issued to Michael Cole (private owner, no LLC or Inc.) 2. 10/3/12: Thomas Nelson called G. Scott. He had bought a portion of SW8 060716 from the bank. It had been foreclosed on. 3. 10/4/12: D. Cox inspected the site. It was under construction. 4. 11/6/12: K. Johnson mailed a letter: a. Addressed to the original pennittee and created two new permit numbers (one for each half): i. SW8 060716: Michael Cole ii. SW8121103: Thomas Nelson (Phase ll: west side of SW8 060716 if it splits into two) iii. SW8121104: Lattier Landing Phase I HOA (Phase I: east side of SW8 060716 if it splits into two) b. Options: i. Transfer SW8 060716 to the two new owners, then mod ii. Apply for two new permits 5. 6/11/12: Received application for the SW8121103 portion (not including the SW8121104 portion). a. Rule Subject: I, Keep Old Rule per Previous Discussion: Per 5/6/13 discussion (& email documentation), a project that applies for a new permit to replace an active HD permit can keep the old rule (1995 in this case) unless the modification is a major modification under the 2008 rule. 1. Impervious Increasing in 6/11/12 Application?: Previous application didn't split the impervious into these two sides. I don't know the amount that was permitted for each side in 2006. 2. BMP Size Increasing in 6/11/12 Application?: Changing BMP type (trench to pond) doesn't trigger this requirement alone. ii. This Application: Applied as HD under 2008 rules, subject to SA requirements. 1. Treatment is 90%o wet pond to a LSNFS as the 2nd BMP 2. Percent Impervious: 23.3% (LD under 1995 b/c 25% max, but would probably be a POHD). iii. Note: The 6/11/12 application shows that it is a modification, but it is anew permit. It has a number already because it is registered (stormsub sent). b. Fate of SW8121104 Permit Area: i. 2006 Permit: This was a HD permit with an infiltration trench on the side that will be SW8121103. So, if that trench is not built we have to figure out what to do with the water that was designed to drain to that trench. ii. 2006 BMPs: Infiltration trench (with a pump system) and permeable pavement. (But, permeable pavement isn't referenced in the permit text so I don't know for sure that it was part of the State Stormwater-required design. I also don't know if the impervious data is before or after the permeable pavement credit was applied.) iii. 2006 DA Map: 1. SW8121103: Phase II (west side/Nelson): Included in the drainage area. 2. SW8121104: Phase I (east side/HOA): The 2006 narrative says that the storrnwater management plan only covers the area that was not yet constructed in 2006; buildings 101, 103, 105, and 107 and the surrounding area as shown in the DA map. The "existing" townhomes are excluded from the DA map (buildings 202, 204, 206, and 208). (It is unclear why this was done.) iv. 2006 Impervious Summary: The data was not split into two pieces (for Phase I and Phase 2), so I don't know the amount of impervious on the SW8121104 (the HOA's) side. ►�e��l. ol�wsovt. Kelly Johnson Environmental Engineer Division of Water Quality Stormwater Permitting 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Office: 910.796.7331 Fax: 910.350.2004 Completeness Review Checklist Project Name: Project Location: Received Date: Accepted Date: IRule(s) ❑2008 Coastal 1:11995 Coastal ®Phase II (WiRO ) ®Universal F-11988 Coastal l Type of Permit: New or Mod or PR Existing Permit it (Mod or PR): nPE Cert on File? 1 Density: HD or LD I Type: Commercial or Residential I ®NCG: %: M(% OK?) Stream Class: MSA Map I nOffsite to SW8 Subdivided?: Subdivision or Single Lot 11 (ORW Map I i (Exempt Paperwork Emailed Engineer on: �Supplement(s) (1 original per BMP) BMP Type(s): ®O&M with correct/original signatures (1 original per BMP except LS/VFS and swales) Application with correct/original signatures ®Deed ®Corp or LLC: Sig. Auth. per SoS or letter ®Email Address ®$505 (within 6mo) 7N� �-r (ApQ ®Email Address Design Engineer Owner ®Soils Report with SHWT Note to Reviewer: — 6k— t`/lo/11 1 ekcec ; Wu13 ®Calculations (signed/seoled) � `S IS `' 1idkC 0(' P(Yv1W5 5 W '� ObO71 b p.2C•fri l � wva\ Ww(d h0.VR srAmQ� b sw�7 l auoa's BMP, 507 5wa-t)lIa3 ❑No obvious errors 15t,gvJtd. T��y1i5 Density includes common areas -tetc V -11�\� WAN Ih5iletl on /r��,3. e IAA map tn5w�o�o�lto. ®Deed Restrictions, if subdivided: 5 no evd b Sw8 0(o0�lto (Ro}%r T�t�-t �Rt SaYso. �rwA l�ury�. t Cc�v -y ®Signed & Notarized !� O(i>. 'fN luec-9- hot 1D"A- kb(t\ c-6 aokT' W 70 - /J EE7 �--'7 1 1('n rrort Temnh .. ro lfnmm/Roc R. un/� M . n�,- l`I16.. �...� o. o,.�« -(-o11oW u a / C75'� PC Plans ®2 Sets SH (e) Dep h SA (sf) Ma Report ®Details posed kr OL Wro�P& U f cxt IJukki` Buildings, etc) (yt1V_p cYzF *cm I + fn 155u2 TR l NEEO 1oD P 1RAA X- oject Boundaries JV'5 vI I'H t�IV09 s r Lot q: Master nl,6t # Matches Master fitted (Master): sf posed (Offsite): sf Drnnncad• IL Drn 1 ®F� �� NC®ENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor November 6, 2012 Mr. Michael Cole, SW8 060716 permittee 255-A 1 South Kerr St Wilmington NC 28403 Mr, Thomas Nelson (Owner, Plat 00440031) 3075 AB Carter Rd Fayetteville, NC 28312 Division of Water Quality Charles Wakild, P. E. Director Lattier Landing Phase 1 Homeowner's Assn Inc. (Representative, Plat 00400099) C/o Newbridge Bank PO Box18807 Greensboro, NC 27419 . Subject: Request for State Stormwater Management Permit Application SW8 060716 - Lattier Landing SW8121103 - Lattier Landing -Nelson Property, Plat 00440031 SW8121104 - Lattier Landing -Phase 1 HOA Property, Plat 00400099 Pender County Dear Property Owners and Representatives: Dee Freeman Secretary On November 1, 2012 staff of the Wilmington Regional Office of the Division of Water Quality performed a file review of State Stormwater Permit Number SW8 060716. Fender County property records show that the land covered by State Stormwater permit number SW8 060716 which was most recently issued on August 16, 2006 has been subdivided into the two subject parcels, and that each parcel is under new ownership. Copies of the county records have been included for your use. State Stormwater permits do not automatically transfer with the sale of the land. In order to continue coverage by a State Stormwater permit, please either: 1.) Transfer the current SW8 060716 permit from Mr. Cole to the two current owners and then modify the permit to reflect the current subdivided state under separate permits. A name/ownership change form is available on our website http://portal.ncdenr.org/web/wq/ws/su/statesw/fortns_docs, or 2.) Apply for a new permits for each of the two subdivided parcels. Either a Stormwater Permit Application Package including 2 sets of plans, completed application form, fee, and supporting documentation, or a written response regarding the status of this project and the expected submittal date must be received in this Office no later than December 6, 2012. Failure to respond to this request may result in the initiation of enforcement action, and construction may experience a subsequent delay. Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 Phone: 910-796-72151 FAX: 910-350-20041 DENR Assistance: 1-877-623-6748 Internet: vrxw.ncwaterquality.org NorthCarolina Natura!!tff An Equal Opportunity \ ARrma6ve Action Employer If you have any questions, please do not hesitate to call Kelly Johnson, Environmental Engineer in the Wilmington Regional Office of the Division of Water Quality, (910) 796-7215. Sincerely, 9m Charles Wakild, P.E., Director Division of Water Quality GDSlkpj: S:IWQSIStormwatehPermits&Projects120061060716 HD1201211 req_SWapp 060716 GDSlkpj: S:IWQSIStormwateAPermits&Projects120121121103 RegisteredQ01211 req_SWapp 121103 GDSlkpj: S:IWQSIStormwaterlPennits&Prolects120121121104 Registered1201211 req_SWapp 121104 enc: State Stormwater Permit SW8 060716 Property Records, Plat 00440031 Property Records, Plat 00400099 cc: Georgette Scott, DWQ WiRO Stormwater File Page 2 of 2 Map Page 1 of 1 Scale: 1,100 a _ PIN: 4235-62-2044-0000 PLAT:00400099 NAM E: LATTIER LANDING PHASE ACCOUNT: 925044.000000 HOMEOWNER'S ASSN INC TOWNSHIP: 102 ADDR: C/O NEWBRIDGE BANK.P 0 BOX 18807 TNSH DESC: TOPSAIL CITY: GREENSBORO ACRES: 0.65 STATE: NC LAND VALUE: $29,250.00 ZIP:27419 BUILDING VALUE:$51,602.00 PROPERTY ADDRESS: LITTLE KINSTON RD TOTAL VALUE:$80,852.00 PROPERTY DESCRIPTON: L2140/99 LATTIER DEFERRED VALUE:$0.00 LANDING ON B/S 50 NEAR BRIDGE PS 9/53 SUBDIVISION: LATTIER LANDING DATE:11/19/2009 ZONE:RSM SALE PRICE: Null TAX CODES: G01 C53 R40 SOSID: 1094991 Date Filed: 4/29/2009 4:01:00 PM Elaine F. Marshall North Carolina Secretary of Slate C200911901047 ARTICLES OF INCORPORATION OF LATTIER LANDING PHASE I HOMEOWNER'S ASSOCIATION, INC. In compliance with the requirements of Chapter 55A of the North Carolina General Statutes, the undersigned, a natural person of full age, has this day executed these Articles of Incorporation for the purpose of forming a non-profit corporation and hereby certifies: ARTICLE I NAME The name of the corporation is the Lattier Landing Phase I Homeowner's Association, Inc., hereinafter called the "Association". ARTICLE II REGISTERED OFFICE AND PRINCIPAL OFFICE The initial registered office of the Association is located at 235 N. Edgeworth Street, Greensboro, Guilford County, North Carolina 27401. The principal office of the Association is located at 1501 Highwoods Boulevard, Suite 400, Greensboro, Guilford County, North Carolina 27410. ARTICLE III REGISTERED AGENT June L. Basden, whose address is 235 N. Edgeworth Street, Greensboro, Guilford County, North Carolina 27401, is hereby appointed the initial registered agent of this Association. ARTICLE IV PURPOSE AND POWERS OF THE ASSOCIATION This Association does not contemplate pecuniary gain or profit to the members thereof, and the specific purposes for which it is formed are to provide for ownership, management and maintenance of the Common Areas, as defined in that certain Declaration of Covenants, Conditions and Restrictions for Lanier Landing Phase 1 with an effective date of November 8, 2005, executed by Michael L. Cole (such Declaration, as it may be modified, amended or supplemented from time to time is hereinafter called the "Declaration'; unless otherwise defined, capitalized terms shall have the same meaning as set forth in the Declaration), in the development known as Lattier Landing Phase I, which is more particularly described below, and in pursuit of said purposes, to: (a) engage in any lawful activity for which corporations may be organized under Chapter 55A of the General Statutes of North Carolina; e+ ". _r" : ... Ir, +(,,, ., n.li. .'4 r .. f.i2'.'.i .t.'., ' 't :i i ,� t . :I • ,.1'i . u ... C• .,._. :a: j+ r _ t' +;' tl'. l.i jol, j.A ');. i'41, t4.. r (b) exercise all of the powers and privileges and to perform all of the duties and obligations of the Association as set forth in the Declaration with respect to Lattier Landing Phase I as described therein (the "Property"), as such Declaration is now or hereafter made applicable to the Property and as recorded in the Office of the Register of Deeds of Pender County, North Carolina, and as the same may be amended from time to time as therein provided, and to promote the health, safety and welfare of the residents within the Property. (c) fix, levy, collect and enforce payment by any lawful means, all charges or assessments pursuant to the terms of the Declaration, to pay all expenses in connection therewith and all office and other expenses incident to the conduct of the business of the Association, including all licenses, taxes, or governmental charges levied or imposed against the property of the Association. (d) acquire (by gift, purchase or otherwise) own, hold, improve, build upon, operate, maintain, convey, sell, lease, transfer, dedicate for public use or otherwise dispose of real or personal property in connection with the affairs of the Association; (e) borrow money, and in accordance with the terms and conditions of the Declaration, mortgage, pledge, deed in trust, or hypothecate any or all of its real or personal property as security for money borrowed or debts incurred; (0 grant permits, licenses and public or private easements over the Common Areas for utilities, roads and other purposes reasonably necessary or useful for the proper maintenance or operation of the Property; (g) dedicate or convey portions of the Common Areas, if any, to applicable governmental authorities for park purposes; (h) dedicate, sell or transfer all or any part of the Common Areas, subject to such conditions as may be agreed to by the Association. No such dedication, sale or transfer shall be valid unless it is made subject to each Member's right of ingress, egress, regress over the Common Areas; and (i) have and to exercise any and all powers, rights and privileges which a corporation organized under the Non -Profit Corporation Act of the State of North Carolina by law may now or hereafter have or exercise. ARTICLE V MEMBERSHIP Every Owner shall be a Member of the Association. Conveyance of fee simple title to a Townhome automatically transfers membership in the Association without the necessity of further documents, with or without a fee, as determined by the Board of Directors. Membership shall be appurtenant to and may not be separated from ownership of any Townhome that is subject to Assessment. 2 'a .. " ,' LI . ' 1 .. i;,.' 1. t • . I h '..—;4 r.f a .. ..'� 11. .. `r.. I .> i..:, i.. is ;r.l: .,.. 1"1 �i_ ."r �, 5. a'a-': i. ,. .:1. �, ..._ .'1 .:,—, .I^, �. •r: ic,r.l ,?:a;n;'as! ;^; :•. .... r, rt :�i r. J•1� �'I' .. i 1 ♦! �... ''ai ._ i.,a• "i 1! �'("'.: IJ-.,.. I _.. ,. b_. r.'., u • .•). r:-� .. _: ... r. i,'• you' _ +• �s, . I i ,'. 1� .' fl .. .", .. :.i 'it ...I' '!C .. 'f• ... i l° �^ o rS .?•_ . +. ., , .: r . ... :.li rfi I' 1. 'r;l� ... ! .. 11.. r: t, ... ll �l {' ':r II r ..�fl. � .1 ,..!,. 11;1' .. '.1- .. �rl. I i,' .. •,.. . ,._ '11 .. .. ... r '1.%� J"':f .. 1,_• -.' f�.:. e` 't. - . ,.. /•. i"�'.i.?"' .. .0 I ... hil '.I!!'.. .' ARTICLE VI VOTING RIGHTS The Association shall have two (2) classes of voting membership, as follows: (a) Class A Membership: Every person, group of persons, or entity which is a record Owner of a fee interest in any Lot upon which a Dwelling Unit has been erected within the Property, shall automatically he a Class A Member of the Association except the Declarant during the Development Period; provided however, that any such person, group of persons or entity who holds such interest solely as security for the performance of an obligation shall not be a Member. A Class A Membership shall be appurtenant to and may not be separated from ownership of any Lot upon which a Townhome has been constructed that is subject to Assessment. Class A Members shall be entitled to one (1) vote for each Townhomc in which they hold the interest required for membership. In the event that more than one person, group of persons or entity is the record Owner of a fee interest in any Townhome, then the vote for the membership appurtenant to such Townhome portion shall be exercised as they among themselves determine, but in no event shall more than one (1) vote be cast with respect to any Townhome. In the event agreement is not reached, the vote attributable to such Townhome shall not be cast. (b) Class B Membership: The Class B Member during the Development Period shall be the Declarant. The Class B Membership shall cease and be converted to Class A Membership upon the expiration of the Development Period. (c) Voting. Each Member shall have one (1) vote with respect to each Townhome owned by such Member, but a Class A Member shall not be entitled to exercise any vote until the expiration of the Development Period. Only the Class B Member shall be entitled to vote during the Development Period. ARTICLE VII BOARD OF DIRECTORS The Association, in accordance with the Bylaws, shall choose the Board of Directors. The Board of Directors shall be authorized to delegate the administration of its duties and powers by written consent to a managing agent or administrator employed for that purpose by the Board of Directors. The number of members of the first Board of Directors shall be two (2). The number of Board of Director members on subsequent Boards shall be as set forth in the Bylaws of the Association. The names and addresses of persons who are to act in the capacity of Board of Directors members until the selection of their successors are: 3 u l n '1(�1:. .. .•Cr _ }?) ^ " .Il �. (1: -IJ-i% 1. Il i .. l ILI _ 1.LI; P.a�t:!r',^_ .ram ..,. ...�'�I'.��., r. �.i ._ ",.t.. • i. �. {"!! ?R r 't 1. e. . 1 4 ..... .. .. .. �'i`t; ;r•... . 'IJ •?(- ,..:7�` • t .... t ! ' (ai:" i .'r!. ..,... 1 f h�:. l : .. � r. VOA' '� rlJ... t. . .. .r 1 r 1... '1)' ^ !r: . r .�"1 :1:•J :.r, E NAME ADDRESS R. Michael Hendricks 1501 Highwoods Boulevard, Suite 400 Greensboro, North Carolina 27410 William C. Jackson 111 1501 Highwoods Boulevard, Suite 400 Greensboro, North Carolina 27410 ARTICLE VIII INDEMNIFICATION Every person who is or shall be or shall have been a member of the Board of Directors or officer of the Association and his or her personal representative shall be indemnified by the Association against all costs and expenses reasonably incurred by or imposed on him or her in connection with or resulting from any action, suit or proceeding to which he or she may be made a party by reason of his or her being or having been a member of the Board of Directors or officer of the Association or any subsidiary or affiliate thereof at any time after these Articles become effective, except in relation to such matters as to which he or she shall finally be adjudicated in such action, suit or proceeding to have acted in bad faith or to have been liable by reason of willful misconduct in the performance of his or her duty as such member of the Board of Directors or officer. For purposes of this provision, "costs and expenses" shall include, without limiting the generality thereof, attorneys' fees, damages and reasonable amounts paid in settlement. The foregoing right of indemnification shall be in addition to and not exclusive of all other rights to which such director or officer may be entitled. ARTICLE IX DISSOLUTION The Association may be dissolved with the assent given in writing and signed by not less than seventy-five percent (75%) of the votes of each class of voting Members of the Association. Upon dissolution of the Association, other than incident to a merger or consolidation, the assets of the Association shall be dedicated to an appropriate public agency to be used for purposes similar to those for which this Association was created. In the event that such dedication is refused acceptance, such assets shall be granted, conveyed and assigned to any nonprofit corporation, association, trust or other organization to be devoted to such similar purposes. ARTICLE X DURATION The Association shall exist perpetually. If the Association should be dissolved or cease to exist, then in that event all the Owners of record at the time of required maintenance shall he jointly and severally liable for any and all costs attendant thereto. 0 1 ARTICLE XI AMENDMENTS During the Development Period, these Articles may be amended by the Declarant in Declarant's sole discretion without any obligation to give advance notice or to hold a meeting. After the Development Period, these Articles may be amended, at a regular or special meeting of the Members, by the Members with sixty-seven percent (67%) of the votes, provided proper notice is sent to the Members in accordance with the Bylaws, and no such amendment shall be effective with respect to permanent easements or other permanent rights on interests relating to Common Areas created in the Declaration unless such amendment is consented to by all Class A Members. No provision of this Article XI shall be construed to prevent an Owner, including, without limitation, the Declarant, of one or more Lots from further restricting or encumbering Lots owned by such Owner with additional declarations, easements and restrictions without the necessity to join any Owner of any other Lot or the Association. Notwithstanding the foregoing, Declarant may at anytime unilaterally amend these Articles to terminate or restrict any right reserved hereunder by Declarant and Declarant, during the Development Period, may unilaterally amend these Articles to make any changes required by the VA, the FHA, the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation or any other private or governmental insurer of residential mortgage loans in order to obtain the approvals necessary for purchasers of Lots to obtain financing insured by any of the foregoing mortgage insurers, or to make any changes deemed by Declarant to be necessary to carry out and effectuate the orderly development of the Property as intended by Declarant. ARTICLE XIl INCORPORATOR The name and address of the incorporator is as follows: June L. Basden, Esq. Carruthers & Roth, P.A. 235 North Edgeworth Street Greensboro, North Carolina 27401 ARTICLE X111 EFFECTIVE DATE AND TIME These Articles shall be effective as of 12:01 a.m. on the date filed. ARTICLE XIV For the purposes of these Articles, all defined terms not otherwise defined herein shall have the meaning given such terms in the Declaration. I .__ .L..,. ....7,,,i_•�:I .�r.iu .n t:;.Elri�. .,�r':.,i:•r �,,;.,, ,,._. ,:I.�...,:.f'.,, ,1 "� 'l.' .. ,�.. .n1 ,!' ! .1., t '!V,li _' � f:'.� f. .. :I.,�T: � •Y.�;n :i IN WITNESS WHEREOF, 1, the undersigned incorporator, have hereunto set my hand and seal, this the 28th day of April, 2009. -June'L,. Basden IN05 )192 S 47-32'57" W 100.2T_�. Loti1_ kx�s}1 F Lot 20 _ - �"• �� Notes: LEGEND_ v` ;; .P✓F ,J.. a � G _1✓" F J,J II —'�" ---—� N 51'25'40"E 100.OB LITTLE KINSTON RD 60' RAN SR 1538 ���xxrrr�vnv� s Lot 22 �•�� d. o.,xu s: .+..mod LLI• �,�cFc 4 un:av 9. blt N[MM x.p x.T.F. v I w-. Mzps.oc-ne-� dar�auo. D WESTON LYALL, PLS, ,"',.• - — - ---- ;o.` ` .� EA IANpMG ]OFNOGEKDDODxn.E �' KI LITTtE NINSTGNIID. xOCxv MDuxT.xczwp2 _ SURF CM, NC. 2WS 210YSTw y� �y ., OufipA fElMc[f ev: �r 1 h��s{" DATE OF SUmEY oEvw FExMCEa lannax wwMoxm xE,x N..ER OR EGif rn. Nc. xwx .___ '4xErr: - nararnp.mum 1GF1 O..TE: SCIGE: GRAM BY: EGE.ME: Imms 1:20 GMD. JRF V.mEn uxEiM.aq -_ .-_.. _.... s. .-