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
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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
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posed (Offsite): sf
Drnnncad• IL Drn 1
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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
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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:
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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.
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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.
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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_�.
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LEGEND_
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