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HomeMy WebLinkAboutSW8000204_Historical File_20180823Scott; Georgette From: `Scott, Georgette ;Th : d - , urs ay, „ A u231AM gust , Z08 11.26 b If To -Lewis Linda Subject FW:' Stoemwater File Review - South HarbourVillage. Attachments Original Deed of Gift 63071.pdf Linda, ` Do you remember this email? I checked the files and did not see requests for transfers Georgette' Scott State $tormwater Program Supervisor' bepartrri`ent of Envit.anmental,.Quality .; of fide (910),796 7215 Fax•(910.) 350-2004 Georaette.ScottftnCdenr, aov 127 Cardinal Drive Ext. Wilmington, NC ­28405 '. othina Ootnpares...1;1. En7er; correspandance to.arid from this address is subject to the MIN Caroiina Pubfic Records Law and may be disclosed to third �aarties: From: Scdtt, Georgette Ser%t: Friday; March 24, 201710:41 AM To: Lewis,Linda <linda.lewis@ncdenr.gov> subject: 'FW: Stormwater File Review -South- Harbour Village Linda: Can you please look into.this (see all emails below)? The HaA wants to take the permits. These permits are owned by Point Associates (Burnett and Alton Lennon) If the POA wants them lets work with them to get the transferred; Point Associates is` still active on NC SOS. Georgette Scott State Stormwaier Program Supervisor Department of FnviFcnmental Quality Office '(910)196 7215 Fax_(910) 350-2004 Georgefte.Seot0mcdenr.00v . 127 Cardinal Drive EA - ifrgington,'NC 28405... -:-: r`.Nothi•ng orr a re-s E:*naii Corr sspc Eder -,;e to- and from this add;vss s suoject:to the N07 til Ca; mina -Public Recomc s L a.Ar and nay be disclosed to third parties. 1 Corporations Division Page 1 of 1 r North Cardl[na �s 1 } W 0, PPC9 is A '.Zi2 q Account Login Click Here To: Create View Document Filings File an Annual Report Amend a Previous Annual Report Account Print a Pre -Populated Annual Report form Corporate Names Legal: POINT ASSOCIATES, LLC Limited Liability Company Information Sosld: 0414673 Status: Current -Active Annual Report Status: Current Citizenship: Domestic Date Formed: 1/6/1997 Fiscal Month: December Registered Agent: WASLAW, LLC Corporate Addresses Reg Office: 1001 College Court New Bern, NC 28562-4972 Mailing: 1295 Northern Boulevard Suite 17 Manhasset, NY 11030-3002 Principal Office: 1295 Northern Boulevard Suite 17 Manhasset, NY 11030-3002 Reg Mailing: Post Office Box 867 New Bern, NC 28563-0867 Company Officials All LLCs are managed by their managers pursuant to N.C.G.S. 57D-3-20. Member: Tanlex Corp 1295 Northern Blvd Manhasset NY 11030 Managing Member: Wilmington Holding Corp. 1295 Nothern Blvd Manhasset NY 11030 https://www.sosne-gov/Search/profcorp/4590995 3/24/2017 Scott, Georgette From: Weaver, Cameron Sent: Thursday, March 23, 2017 4:50 PM To: Scott, Georgette Subject: FW: Stormwater File Review - South Harbour Village Attachments: Original Deed of Gift 03071.pdf Hi Georgette. Don't remember last reviewer with knowledge but should probably go to them. n. Cameron Cameron Weaver) Environmental Assistance Coordinator -Wilmington Regional Office NCDEQ-Division of Environmental Assistance and Customer Service 127 Cardinal Drive Ext. v 6. Wilmington, NC 28405 910-796-7303 10 1LO NCDEQ NEW WEBSITE: http://deg.nc.gov/ DEACS NEW WEBSITE: http://deg.nc.sov/about/divisions/environmental-assistance-customer-service E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Jonathon McLendon [mailto:postmasters@bellsouth.net] Sent: Sunday, March 19, 201712:07 PM To: John <mclejc@bellsouth.net>; Weaver, Cameron <cameron.weaver@ncdenr.gov> Subject: Re: Stormwater File Review - South Harbour Village Hi. Mr. Weaver Thank you for pulling the files and allowing me some time to review them. I did notice some discrepancies for the following permits: SW8000204 Glen Cove at South Harbour Village and South Harbour Village Golf Villas at Glen Cove �SW� 8990�851 Westport and Village Greens Townhouses t3ot oI'i of these permits are still held in the name of Point Associates, however ownership was transferred to the South Harbour Village Master POA by Point Associates on 22 Dec. 2006. I've attached the deed for your reference. Can you advise on next steps to transfer the above permits to the SHV Master? Thank you, John McLendon 1 From: John <mcleicCcD-bellsouth.net> To: "Weaver, Cameron" <cameron.weaverCcD_ncdenr.gov> Cc: John McLendon <postmastersCrD-bellsouth.net> Sent: Tuesday, March 14, 2017 3:43 PM Subject: RE: Stormwater File Review - South Harbour Village Hi Mr. Weaver I found another permit I'd like to look over SW8 990121. 1 don't have a name for this one. Thank you, John McLendon 910-448-4884 J.. On Mar 6, 2017 4:31 PM, "Weaver, Cameron" <cameron.weaver(c_ncdenr.gov> wrote: I will be happy to pull the files for you to review; please call me to schedule the review space. Questions that come up during your review can be directed to Christine Hall at Christine.Hall ncdenr.eov . You are set to review the files from 10-12 on Fri. Mar. 17. Cameron Weaver Environmental Assistance Coordinator -Wilmington Regional Office NCDEQ-Division of Environmental Assistance and Customer Service 127 Cardinal Drive Ext. Wilmington, NC 28405 910-796-7303 NCDEQ NEW WEBSITE: http://deg.nc.gov/ DEACS NEW WEBSITE: http://deg.nc.eov/about/divisions/environmental-assistance-customer-service E-mail correspondence to and from this address may be subiect to the North Carolina Public Records Law and may be disclosed to third parties. From: postmasters@bellsouth.net I_mailto:postmasters @beIIsouth net] Sent: Monday, March 06, 2017 10:12 AM To: Weaver, Cameron <cameron.weaver@ncdenr.eov> Subject: Stormwater File Review - South Harbour Village Hi Ms. Weaver, I'm the treasurer of South Harbour Village Master POA (and also President of Marina Club UOA) and we've had some questions come up regarding storm -water permits. Can I schedule a file review for the following permits for Friday March 17th? I'm available all day, so whatever is most convenient for you will be fine with me. Thank you, John McLendon 910-448-4884 SW8 980508 SHV Associates Marina and South Harbour Village SW8 990851 Alton Lennon Village Green/Westport SW8 970615 Tom Nuzio Barnes Bluff SW8 050910 Anthony Bowman Cambridge Crossings SW8 070423 Ed Burnett Fish Factory SW8 090130 David Fortuna Barnes Bluff Lewis,Linda From: Lewis,Linda Sent: Wednesday, August 27, 2014 8:53 AM To: elbiii@ec.rr.com' Subject: RE: South Harbour station Mr. Burnett: Understood. Relying on one's attorney to accomplish certain things can be problematic if that attorney is not completely trustworthy. I do sympathize with you on that point, and I hope your family member recovers soon from their illness. I look forward to hearing from you soon. Linda -----Original Message ----- From: elbiii@ec.rr.com [mailto:elbiii@ec.rr.com] Sent: Wednesday, August 27, 2014 8:27 AM To: Lewis,Linda Cc: elbiii@ec.rr.com Subject: RE: South Harbour station Dear Linda, thanks for the clarification. I believe the ponds were to be taken over by the town, however, that may be immaterial as to the denial of transfer by the state. There are two possibilities, the first is that I also gifted 500 ft of Vanessa Drive. It may have been included in that. More likely, my illustrious attorney, told me he got it done and never did. As soon as I return, 111 research the garage runoff issue. Depending on my findings, I may ask you to meet on site. The issue with the unused pond, I hardly think it is fair for the state to extend a permit for a pond never put in use to collect runoff that doesnt exist from property I dont own, which has no impervious surface. This pond needs to be terminated. 111 be back next week and will respond again. Thanks for your research. Ed ---- "Lewis wrote: > Thank you Mr. Burnett. > 1 think you're mixing up your subdivisions/projects. There are 3 different projects/permits being discussed. > SW8 990851 and SW8 000204 - All of the paperwork from the town, including the signed transfer form and the deed which conveyed the Glen Cove / Westport / Village Greens golf course area to the Town, were submitted to the state. However, because the property that was deeded over to the Town was only the golf course portion of the permitted low density project area for the Glen Cove / Westport / Village Greens subdivision, and did not include the lots, the state could not transfer the permit to the Town. The Town only accepted the golf course area, but the permit covers the BUA on the lots. Since the town didn't own the lot area, it was not possible to transfer a permit that covered the lots to the Town. The permit was never approved for transfer. > SW8 010221- In regard to the 2 wet ponds at Bridge Point Business Park, maybe they were part of the golf course conveyance to the Town, I don't know because there is no paperwork in the file to support that. The only deed of convelance and transfer form related to South Harbour is the one for Glen Cove / Westport / Village Green under SW8 990851 and 000204. There is nothing for Bridge Point. I understand that in order to get a building permit from the Town, everything had to be shown on a drawing as draining to the pond, however, the situation in the field is different. I observed with my own eyes building roof drains that do NOT drain to the pond. > If one of the permitted ponds is not being used at this time, that's fine, but it still needs to be maintained as you agreed to do, or you can submit a permit modification to eliminate that pond from the permit and then transfer the permit to the new owner. Please don't forget that until you submit a formal request to transfer the permit and the Director approves that request, you remain the permittee of record and you remain responsible for compliance with the permit and for maintenance of the BMP's. > Linda > -----Original Message ----- > From: Ed Burnett [mailto:elbiii@ec.rr.com] > Sent: Monday, August 25, 2014 3:06 PM > To: Lewis,Linda > Cc: Scott, Georgette; Gary Lawrence > Subject: South Harbour station > Dear Linda, I received your recent letter of August 8. 111 do my best to respond by the Sept 8 date, although much of my time is spent out of town with an ailing family member. In fact, I m away the rest of this week. > My recollection is that both these ponds were taken over by Oak Island at the time of donating the golf course and road. This was done immediately after a Raleigh meeting. Alton was to do all the paperwork, present was Jerry Walters, Town Manager. 111 see what I can find on this, however, all paperwork has been sent to New York after I was no longer manager member of the development partners. > Secondly, the pond on the east or south side of Vanessa has never been used. There is no impery area or building on that property and the property is not owned by myself or any other entity I am associated with. > The condo project with the garages mentioned in this letter was taken back by New Bridge Bank at considerable expense and financial suffering. This was done quite some time ago at the beginning of the crash. > Lastly, all collection system and storm water was directed directly to the one pond, otherwise, in Oak Island, you cant get a building permit. > > As we ve just been through some poor and false documentation in Leland, please bear with me until I have time to do some research to tell whats what. thanks, ed Lewis,rLinda From: Lewis,Linda Sent: Monday, August 18, 2014 6:05 PM To: 'sfoster@ci.oak-island.nc.us' Cc: 'Michaux, John'; Scott, Georgette Subject: Golf Course at South Harbour Village Mr. Foster: Back in June of 2008, Point Associates, LLC, deeded over a "gift" to the Town of 27.98 acres which was part of the low density project area for Glen Cove at South Harbour Village and Golf Villas at Glen Cove (permit #SW8 000204), and Westport at South Harbour Village and Village Greens Townhomes (permit #SW8 990851). This was of concern to the Division because the golf course area provided the necessary open area to maintain the low density status of the permits. With the sale of the golf course, and potential development, both permits were in jeopardy of losing their low density status. The recorded deed however, restricts the use of the gifted property to a golf course, which provides some assurance to the Division that the area will remain "open" and that the density may not be in as much jeopardy as originally thought. However, shortly after the deed was recorded, the Division received a permit transfer request form from the developer and accepted by Jerry Walters, Oak Island's town manager at the time. The request was to transfer only the SW8 000204 stormwater permit to the Town of Oak Island. This was of concern to the Division because if that had happened, the Town would have been responsible for compliance with that low density permit, including the per lot BUA limits and the piping limits. This did not appear to be advisable, so the request was not processed. Both permits remain with Point Associates, LLC and it should be transferred to the South Harbour Master POA, Inc. with the stipulation that the conditions of the "deed of gift" be enforced by the POA, specifically Section (5). There was also some question from John Michaux as to why a permit transfer request was not also submitted for the development on the other side of Vanessa Drive, i.e., Glen Cove, which is permitted under SW8 990851. The deed of gift covers 3 separate tracts totaling 27.98 acres, but if a request to transfer the 990851 permit to the Town is submitted, the Division would have the same concerns as with the transfer of SW8 000204. Georgette Scott spoke to Mr. Michaux on September 7, 2012. 1 do not know what the result of that conversation was. I will be sending an inspection report to Point Associates to request that, if the requirements of SL 2011-256 are met, they transfer both permits to the South Harbour Master POA, Inc., with the stipulation that the Association enforce the deed of gift requirement to maintain the open area as a golf course. If I have misunderstood something, or if circumstances are different than described, or if Mr. Michaux and Georgette reached a different agreement or conclusion as to how to handle this situation, please advise. Thank you. Linda Lewis Environmental Engineer III Division of Energy, Mineral and Land Resources Wilmington Regional Office 127 Cardinal Drive Ext. Wilmington, NC 28405 Main Office — 910-796-7215 Direct Line — 910-796-7343 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. North Carolina Secretary of State Page 1 of 1 NcM Gaga P DEP4RTh�IM" op Tm PC ft R l.NC271@ 4�1 � Account Looin Register Date: 8/15/2014 Click here to: View Document Filings I File an Annual Report j Print a Pre -populated Annual Report Fillable PDF Form I Amend A Previous Annual Report Corporation Names Name Name Type NC POINT ASSOCIATES, LLC LEGAL Limited Liability Company Information SOSID: Status: Effective Date: Citizenship: State of Inc.: Duration: Annual Report Status: Registered Agent Agent Name: Office Address: Mailing Address: Principal Office Office Address: Mailing Address: Officers/Company Officials Title: Name: Business Address: Title: Name: Business Address: 0414673 Current -Active 1/6/1997 DOMESTIC NC DEC 2055 UNDER REVIEW LLC OTHER EVENT WASLAW, LLC 1001 COLLEGE COURT NEW BERN NC 28562-4972 POST OFFICE BOX 867 NEW BERN NC 28563-0867 1295 NORTHERN BOULEVARD STE 17 MANHASSET NY 11030-3002 1295 NORTHERN BOULEVARD STE 17 MANHASSET NY 11030-3002 MANAGING MEMBER WILMINGTON HOLDING CORP. 1295 NOTHERN BLVD MANHASSET NY 11030 MEMBER TANLEX CORP 1295 NORTHERN BOULEVARD MANHASSET NY 11030 This website is provided to the public as a part of the Secretary of State Knowledge Base (SOSKB) system. Version: 3820 http://www.secretary.state.nc.us/corporations/Corp.aspx?Pitemld=4590995 8/15/2014 LIMITED LIABILITY COMPANY Q ANNUAL REPORT �aa Mi° NAME OF LIMITED LIABILITY COMPANY: POINTASSOCIATES, LLC REPORT FOR THE YEAR: 2014 SECRETARY OF STATE L.L.C. ID NUMBER: 0414673 NATURE OF BUSINESS: Real Estate Development REGISTERED AGENT: WASLAW, LLC REGISTERED OFFICE MAILING ADDRESS: Post Office Box 867 New Bern, NC 28563-0867 E-Filed Annual Report 4590995 Do not data enter manually. STATE OF INCORPORATION: NC REGISTERED OFFICE STREET ADDRESS: 1001 College Court New Bern, NC 28562-4972 Craven County PRINCIPAL OFFICE TELEPHONE NUMBER: (516) 365-9205 PRINCIPAL OFFICE MAILING ADDRESS PRINCIPAL OFFICE STREET ADDRESS: Company Officials: Name: Tanlex Corp Title: Member Address: 1295 Northern Boulevard Manhasset, NY 11030 1295 Northern Boulevard Manhasset, NY 11030-3002 1295 Northern Boulevard Ste 17 Manhasset, NY 11030-3002 Name: W71mington Holding Corp. Title: Managing Member Address: 1295 Nothern Blvd Manhasset, NY 11030 CERTIFICATION OF ANNUAL REPORT MUST BE COMPLETED BY ALL LIMITED LIABILITY COMPANIES Wilmington Holding Corp., by Thomas A. Nuzio - Vice President FORM MUST BE SIGNED BY A MANAGER/MEMBER Wilmington Holding Corp., by Thomas A. Nuzio - Vice President 2/5/2014 DATE Managing Member TYPE OR PRINT NAME TYPE OR PRINT TITLE ANNUAL REPORT FEE: E-Paid MAIL TO: Secretary of State • Corporations Division • Post Office Box 29525 • Raleigb, NC 27626-0525 North Carolina Secretary of State Page 1 of 2 :.,. <, '�• r Narrh Cwdbu D PARTM Este F. EMT qjrTHE secmbw SECRETARYOF TATE PC Ou HIM FMOOL NO 2MMM 4MW Account Login Register Date: 8/15/2014 Click here to: View Document Filings I File an Annual Report ] Print a pre -populated Annual Report Form I Amend A Previous Annual Report Corporation Narr Name Name Type NC WILMINGTON HOLDING LEGAL CORP. Business Corporation Information SOSID: 0162607 Status: Current -Active Effective Date: 2/27/1978 Citizenship: DOMESTIC State of Inc.: NC Duration: PERPETUAL Annual Report Status: CURRENT Registered Agent Agent Name: Office Address: Mailing Address: Principal Office Office Address: Mailing Address: Officers/Company Officials Title: Name: Business Address: Title: Name: Business Address: Title: Name: Business Address: Title: Name: Business Address: WASLAW, LLC 1001 COLLEGE COURT NEW BERN NC 28562-4972 PO BOX 867 NEW BERN NC 28563-0867 1295 NORTHERN BLVD #17 MANHASSET NY 11030-3002 1295 NORTHERN BLVD #17 MANHASSET NY 11030-3002 ASSISTANT SECRETARY CAROL DICONZA 1295 NO", TERN BLVD MANHASSET NY 11030-3002 PRESIDENT DENIS F CRONIN 1295 NORTHERN BLVD. #17 MANHASSET NY 11030-3002 SECRETARY LINDA L CRONIN 1295 NORTHERN BLVD #17 MANHASSET NY 11030-3002 VICE PRESIDENT THOMAS A NUZIO http://www.secretary.state.nc.us/corporations/Corp.aspx?PitemId=50f0888 8/15/2014 North Carolina Secretary of State Page 2 of 2 Title: Name: Business Address: Stock 1295 NORTHERN BLVD #17 MANHASSET NY 11030-3002 VICE PRESIDENT JOHN NESTER 1295 NORTHERN BLVD MANHASSET NY 11030-3002 Class Shares No Par Value Par Value COMMON 200000 1 This website is provided to the public as a part of the Secretary of State Knowledge Base (SOSKB) system. Version: 3820 http://www.secretary.state.nc.us/corporations/Corp.aspx?PitemId=50f0888 8/15/2014 BUSINESS CORPORATION ANNUAL REPORT NAME OF BUSINESS CORPORATION: Wilmington Holding Corp. FISCAL YEAR ENDING: 1213112013 SECRETARY OF STATE CORPORATE ID NUMBER: 0162607 NATURE OF BUSINESS: Real estate REGISTERED AGENT: WASLAW, LLC REGISTERED OFFICE MAILING ADDRESS: PO Box 867 New Bern, NC 28563-0867 E-Filed Annual Report 5060888 Do not data enter manually. STATE OF INCORPORATION: NC REGISTERED OFFICE STREET ADDRESS: 1001 College Court New Bern, NC 28562-4972 Craven County PRINCIPAL OFFICE TELEPHONE NUMBER: (516) 365-9208 PRINCIPAL OFFICE MAILING ADDRESS: 1295 Northern Blvd #17 Manhasset, NY 11030-3002 PRINCIPAL OFFICF. STREET ADDRESS: 1295 Northern Blvd #17 Manhasset, NY 11030-3002 PRINCIPAL OFFICERS: Name: Linda L Cronin Title: Secretary Address: 1295 Northern Blvd #17 Manhasset, NY 11030-3002 Name: Carol Diconza Tile: Assistant Secretary Address: 1295 Northern Blvd Manhasset, NY 11030-3002 Name: Thomas A Nuzio Dtle: Vice President Address: 1295 Northern Blvd #17 Manhasset, NY 11030-3002 Name: John Nester Title: Vice President Address: 1295 Northern Blvd Manhasset, NY 11030-3002 Name: Denis F Cronin Title: President Address: 1295 Northern Blvd. #17 Manhasset, NY 11030-3002 CERTIFICATION OF ANNUAL REPORT MUST BE COMPLETED BY ALL BUSINESS CORPORATIONS Thomas A Nuzio 3/10/2014 FORM MUST BE SIGNED BY AN OFFICER OF THE CORPORATION DATE Thomas A Nuzio Vice President TYPE OR PRINT NAME TYPE OR PRINT TITLE ANNUAL REPORT FEE: E-Paid MAIL TO: Secretary of State • Corporations Division • Post Office Box 29525 • Raleigh, NC 27626-0525 9/6/2012 Georgette: I spoke with John Michaux (Public Works Manager, Town of Oak Island) again. He wanted to know who submitted the Ownership Transfer on SW8 000204 so I gave him that info. He was curious as to why an ownership transfer wasn't submitted on SW8 990851 as well and I told him that was a question that really couldn't be answered. He has questions about both these files and I suggested to him he may want to schedule a file review so he can take a look at everything. He would like to do that but would also like someone to be available to talk to as he has many questions. I told him I was turning this over to you as you had indicated you wanted to study these files further as well. He would like for you to call him to discuss, schedule a file review, etc. His number is 201-8008. Jo oj�� :�- k 0--4 /:/ , � 5 C?/- 7 Stevens, McGhee, Morgan, Lennon & Carter, L.L.P. Attorneys and Counselors at Law 602 Market Street WILMINGTON, N. C. 284.01 910-763-3666 John A. Stevens (1895-1990) Karl W. McGhee (1923-1981) Richard M. Morgan Alton Y. Lennon Mark F. Carter February 17, 2009 Mr. David Cox NCDENR Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Re: Transfer of the Ownership of the Properties covered by Stormwater Permit No. SW8000204 Dear David: Mailing Address: P. O. Drawer 59 Wilmington, N.C.28402 Facsimile 910-251-9562 As a matter of following up, I am enclosing herewith a copy of the ' r ,, 'from Point Associates, LLC to The Town of Oak Island which was recorded on June 27, 2008 in Book 2811 at Page 1144 of the Brunswick County Registry. At the time the above deed was executed by Point Associates, LLC and delivered to The Town of Oak Island, a Coastal Stormwater Permit Ownership Change form was executed and delivered to representatives of the Town. A copy of the document is enclosed herewith. Please note that on or about August 26, 2008, it was executed by Jerry Walters, Town Manager. Please be k ind enough to confirm. that your office is aware of these matters and that NCDENR recognizes the change of ownership described in the attached form. Should you have any questions, please advise. Very truly yours, STEVENS, Mc EE, MORGAN, LLNNON & CARTER, L.L.P. Y. Lennon AYL.jt Enc. xviDavidCoxNCDENR MCUIVIgn FF8 1 8 2009 BY: M-AM 32611 P1144 ; �:06 �a ,f Deeds page 1 of 19 _ Finance conditon inal woes. No Revenue Stamps Drawn By: Stevens, McGhee, Morgan, Lennon & Carter, L.L.P. Tax Parcel No: fe p� STATE OF NORTH CAROL �Fgo g�v G'�O E� ll [ []3' rIl "1' ram, COUNTY OF BRUNSWICK THIS DEED, made and entered into this day of NW 2008, by and between POINT ASSOCIARS, LLC, a North Carolina J,imited Liability Company, party 6 of the first part; and THE TOWN O� y of the second part, whose address is 'I too I f" Di c -.u(&J 0 a8ti Ca 5 WITNESSETH- That the said party of the first part, in consideration of and as a gift and charitable contribution to the party of the seco art, has #X tnd conveyed, and by these presents does give, grant, and co ai� and art and its successors WASP part, ho and assigns, in fee simple, all those certain tracts, parcels o'i'iots of land in Brunswick County, North Carolina, bounded and described as follows, to -wit: See attached Exhibit "A" ' h is incorpora j TDin by reference, for a full and complete description. Oo TOGETHER WITH AND SUli iig T ers an ings set forth on Exhibit "A" attached, the Special Covenants, Conditions, an tions hereinafter set forth, the provisions of all applicable zoning and land use and/or environmental ordinances, statutes o UNNo) AL FEB 1 8 2009 BY: and regulations, utility easeme d§, `ins and/or restrictions of record. SPECIAL COVENANTS, CONDITIONS, AND RESTRICTIONS WHICHSFIALL RUN WITH THE LAND CONVEYED HEREBY, AND BE BINDING UPON THE PARTY OF THE SECOND PART HEREIN, AND ITS SUCCESSORS AND ASSIGNS. (1) Tracts 1, 2, and 3 o�P;V=ift, r�ibed on Exhibit "A" attached hereto shall be used we for the purpose of operating and maintaining d for no other uses or purposes. At the time of recording a "Par Three" executive type course is being operated and maintained on the said Tracts 1,2, and 3 of the said Property. Any owner of the said Tracts 1,2, and 3 of the said Property may, with the express written approval of the South Harbour Master POA, Inc., or its s ssors or assign=course t the said three Tracts so as to accommodate the ope n thereon. However, in no event may s2Tracts be used for any purpose other than for a g ourseOf time play shall be permitted on the golf course without the express written con E t of the South Harbour Master POA, Inc., or its successors or assigns. (2) Tract 4 of the Pr erty as shown on Exhibit "A" attached hereto may be used only and solely he pur ling for the storage and maintenance of golf course m 'ent and golf carts for the golf course located on Tracts 1,� (3) Any changes which an owner desires to make to the Property or any portion thereof, (other than a change in the permitted use thereof which shall not be changed) and/or any of the structures and/or improvements thereon (including, but nofftited to, all ar�eraI changes such as building style and materials, c scaping design and/or planting materials) must n form with all relevant particulars to the South Hour �nc., or its successors for written approval, which approval may be wY Id or conditioned at the discretion of the said South Harbour Master, POA, Inc., or its successors. South Harbour Master, POA, Inc., or its successors in interest shall provide a written response to all sue requests within forty-five days of the receipt of the same. Should no response b ' ely given ted change shall be deemed to have been approved c changes must still comply with all applicable buildin� use d zoning regulations. (4) The Special Covenants, Conditions, and Restrictions set forth in sections (1), (2), and (3) above shall run with the land and be binding upon all owners thereof for a period of thirty-five (35) years from the date of the recording of this instrume Provided, however tat these said Special �osrr�s N O F FIC,:�FFr���� U �NOFF - ICIAL m m�CN ap 0 NJ n d0ti =� C'm 9 w mW o �L ,tl �g �a eV �y �m I627-20B2811 P1146 06- 4 e 650666 Robert J. Robinson unty, of Deeds page 3 of 19 Covenants, Conditions, and Restrictions set fo in sections (1), (2), and (3) may be amended in part or deleted entirely at any time during the term of same by the South Harbour Master, POA, Inc. or its or their successors or assigns. (5) The party of the sec jW1&1�e'dges and agrees that portions of the lands described in Ei a MWOM the storm water management system which serves the Sou our Village community. The said party of the second part further acknowledges and agrees that certain portions of the Property described on Exhibit "A" attached are also subject to governmental regulations and permits, including, without limitation, North Carolina State Stormwate mits. The pa t e second part agrees that it is and shall be bound by sai u=44°eits, and it shall be solely responsible for the proper overed by said permits. Further, the party of the s pa a the sole responsibility to maintain and keep the said permits, and eac a all of them, in full compliance and in full force and proper legal effect. The parties hereto acknowledge and agree that the party of the first part herein shall, after the recording of this instrume and the formal transfer of the aforementioned permits, have no further du bligatio 04ibility with respect to the maintenance of any of the Ian or with respect to any Storm water permit or regulatioii� id IilWFM%ny part or portion thereof. The party of the second part s j�nify and hold the party of the first part, and its members, managers, and employees forever harmless from any claim, cost, liability, or damage relating to the said lands conveyed, and/or any improvements thereon which arises after the recordation of this Deed of Gift and/or as to any clai ich might arise o ult from the negligent act or omission of the party of the o id recordation. Further, the party of the second pa the party of the first part, and its members, ma rs, a es forever harmless from any claim, cost, liability, or damage relating to t e ve noted Stormwater permits and regulations relating thereto whether such claim existed prior to the said recordation or otherwise. The party of the second part, and its successors, and assigns, sh I provide South Harbour Master POA, Inc. reasonable access to said st water m reas during the term of the Special Covenants, Conditi ons above noted. UNO#FZCZM (6) The party of the second ra cknowledges and agrees that the said Property is and shall be subject to the terms and conditions as are set forth in the Master Declaration of Covenants, Conditions, and Restrictions for South Harbour Village recorded in Book 2104 at Page 574 of the Brunswick County Registry, and all endments thereto tr ratifications thereof, as 0 IFF 806�1�(rSB ��FFlCIq� L�BF11 o :1 ®64 05 obar obert J. Robinson Bruns i star of Deeds page 4 of 39 well as to all recorded d f ove restrictions as the same apply to golf course o rayon tenance. The said Master Declaration also provides the owner with certain limitations upon and/or the protections from liability relating to golf course operation. {n Further, as and ere applicable, the sai Property shall be and is hereby made subject to the es ;n=,,ZqSouth Harbour Master POA, Inc., and all aHowever, the said Master Declaration above noted n a sly understood and agreed that the party of the second part nd/or any successor) shall not be or become a voting member of the said South Harbour Master POA, Inc. without the express written approval of a majority of the Member Associations as the same are defined by the said Master Declaration as amended and/or ratified. � ��.��� n n (8) The Special Cov�}1 dition /A,l-strictions set forth in sections (5),(6), and (7) a �bs�e shall land and be binding upon all owners thereof . Provided, however, that these id Special Covenants, Conditions, and Restrictions may be amended in part or deleted entirely at any time during the term of same by the South Harbour Master, POA, Inc. or its or their successors or a ' ns. �(�,j�]�D�j TO HAVE AND TO #Pgaptracts, lots, or parcels of land and all privileges and appurt to the said party of the second part, and its successors and assigns, And the said party of the first part does covenant that it is seized of said premises in fee and has the right to convey the same in fee simple; that the same is free from encumbrances, except as stated above, and that it will WARRANT and DEFEND the said title to the same against the lawful claims of ersons clia%%kqWjng, n =ugh, or under the party of the first part. However, the party th o warranty or representation as to the phy o personalty, or any other improvements convey ereby ed on any of the lands conveyed hereby. ° U N •p F �,,�„F�r«�� U/y�FFIC jAL �. U Np, UN�FFlCIAL AgBii PIk 00_27_2000 1 10:14:05.000 ert J. Robinson arungown, or of Deeds page 5 of 19 IN WITNESS WHERE"of has caused this instrument G� to be executed in its name by authorized Member -Manama as the act and deed of the said POINT ASSOCIATES, LLC, all as of the day and year first above written. UNOMMU STATE OF NEW YORK COUNTY OF I, a Notary Public in and for the aforesaid State and County of do hereby certify that THOMAS A, NUZIO personally appeared before me this day and acknowl that he is a Vice P s' of Wilmington Holding Corp., a North Carolina Corporation which is T ASSOCIATES, LLC, a North Carolina Limited Liability authority duly given and as the act and deed of said corporation, the fo Was signed in its name by its Vice President and sealed with its corporate se a Member -Manager of, on behalf of, and as the deed and act of the said POINT ASSOCIATES, LLC. WITNESS my hand and notarial seal, this the LL&day of M jL4 2008. NOTARY TORo ¢� �'gp& NOTARY PUBLIC, State of New York No. 01ed in Nassau n n e Qualified in Nassau County U Commission Expires May 1, 20 L_ e Oa�.�e` IOP0 My Commission Expires: S-1d i d 1 C1. err U N O F F O� FFICIA[ v, pL UN.' UNO, F,c IC A� Brunswick Countv. RC Reqister B2811 R1149 166 •:14:0550.099 Robert J. Robinson of Deeds paqe 6 of 19 STATE OF NORTH CAROLIN COUNTY OF NEW HANOVER ��� n I, Jerry Y. �r�' n f Iary P IrJ d for the aforesaid State and County of ierdw erebLTON Y. LENNON, personally appeared before me this day and acknowledged that he 1 uthorized Member -Manager of POINT ASSOCIATES, LLC, a North Carolina Limited Liability Company; and that he did acknowledge that he did duly execute the foregoing and annexed instrument as a Member - Manager of, on behalf of, and as the deed and act of the said POINT ASSOCIATES, LLC. WITNESS my hand and no seal, thi f' , 2008. uga"tum ublicL`-' jammy Y. Print Name AYL2006H: PtTOIDeed5-22-08 My Commission Expires: 12/08/2010 0Fly NOFFjCjAL UNOFFICIAL UN � u,vo,�r is ]Fal ,s llA UN Karlu unrFtclnt N�FFICl/gL 0 B2811 P1158 06.2,_20� ,8:,4:06.00a ert J. Robinson II I I o° C e o Deeds page 7 of 19 Exhibit "A" To That Deed of Gift from Point Associates, LLC, to The Town of Oak Island � nn sr. i Pages LYING AND BEING IN SMITHVLLLNSHIP, BRUNSWICK COUNTY, NORTH CAROLINA, and being more particularly described as follows: Tract I Lro nA OFF To arrive at the true P:�r ava�c�e c intemaction of the eontherly tight -of --way line of Vatteasa Drive .way) and the easterly light -of way lino of Morehead Ed%v (60 foot xlght-of-way) as shovrn on a map of "Viiiage Green Townhonses at South Harbour Vftc at Westport" recorded in Map Cabinet 24 at Page 261 of the Brunswick County Registry. Go thence South 83 degroes 42 nsi&mtes 23 seconds East 20.55 feet, along the southerly vWd ef-way tine of said veneer+& Dew to a point. Last said point being end of a c a radius of 4,980.W feet. Go thence along the arc of said c dal -ofway tine .of said Vanessa Drive, as it curves to n South 94 degmee 17 n*mtes 09 seconds East a chord distance our ill point to The TRUE POINT OF BMINNING . ° Q Running th6nce from said beginning point: With the arc of said curve and with the southerly right-of-way fine -of said Vanessa Drive, as it c to the North, to a point 1s South 95 dagmes 15 ftilnutrs 57 seconds chord die from the preco txg poise. Last &aid point being t r of Lot. 145 as shorn on a trap of Westport at Soptt(ij ge p Book 24 at Page 276 of said Registry; then J �b(o� South 06 dept a 20 minutes 02 seconds West 110.00 feat, along the westerly Erne of said Lot 145 to a point thence South 66 degth;es 4I to37 seconds East 115.23 .#et, s 10IM8 the sotttt=iy litre of said Lot 145, Lott 14a portion of said map recorded in Map Book 24 at Page 2269 , n n M U N O 11 U NO F F ��FFr�jAL O� IIIIl i III B2811 PH 1i 6�n-05.028 Brunswick County, NC Reoister of Deeds papa a of 19 4. South 06 degrees 20 seconds WStRAc along the westerly line of Lots 45, 4S, and 44, as shore" � . to a point. Last said point being the southw� FZCZAa 5. South 63 degrees 39 nunutes 58 seconds feek along the southerly line of said Lot 44, to a point on the 50 foot radius cul-do-sac of Hampton Court as shown on last said recorded map; thence 6. With the am of said 50 foot radius cut -de -sac and with the southerly right-of-way lute of said Hampton Cc as it curves to the No ! at a northwesterly corner of Lot 43 that is Sou ogre nds East a chord distance of 26.82 feet, from a point as shown on a map Of Wes recorded t Paga ,,�,�� Registry; thence 7. South 06 dogmas 20 minutes 02 seconds WWeestt330Yf2rfeet, along the westerly lime of said Lot 43 to a point; thence 8. South 83 degrees 39 minutes 58 seconds East 193.44 £act, along the southerly line of said Lot 43, to a point the westerly ragFrt�f-way lie of a 30 foot day, Last said point being on a caiek a radius thence 9. With the arc of last said a -way line of said 30 foot alley, as it curves to to an end of last said curve that is, South 05 degrees 27 minutes 1 a cat a chord distance of 108.94 fret, from the preceding point; thence 10. South 06 degrees 20 minutes 02 seconds West 171.99 feet, along the westerly tightof-way fine of sadd 30 foot alcy, to it point at the rurthvsetorly corner of Lot 57. as shown on a map aj t on recorded in 1 24 at Page 272 of said Registry; thence %�I� 11. North 82 degrees 30 119913IFftong the northerly line of said Lot 57, to a P� prance ° G� d 12. South 07 degrees 29 minutes 29 seconds Went 39.07 fce; to a point on the 50 foot radius curds sae of Kozart Court as shown on last said recorded map; thence 13. With the arc of last said and with the n way line of said Kozart Court, to a point that th 77 02 seconds West a chord distance of 21.28 feet, fr Atho IuuUnV"I Qftvv� ' Page 7%m of Thirteen C -. ,-1CIA( IC A II N O F F ��FFr�IAc p o FFgg CrunsmIck counev. c ealstll 1111 - Ro 15:74:05.008 ealsler oP Deeds' Rabt�s� page 9 of 39 A North 07 degrees 29 29 seconds East along the easterly line of Lot 142, m shown on bw. a 0 ccwe 15. North 82 degrees 30 m �ftw AIMS the no�edy line of said lot 14Z to a pit; t,hGnce zr 16. South 2afLom 14degrees 5522d lmun� seconiis40, as 11101m OnlaWest si said Itt caries aloft alothe line southwesterly corner of said Lot 140; thence to a palm at the 611, 17. South 06 degrees 20 ntlnut�a secpt of Lot 139, as shown on iss �A�aloqs the westetiy tine j� ���int ' thence 18. South 93 degtecs 39 a '" 59 dw ac of said Lot 139, to a point at the norgnvea along i said tad map; therm r«�y corn of Let 13ft, as shown an last 19. South 06 degt n 20 n&mtw 02 seconds West 166.4I feet, along the w essetty of said Lot 139, to a ' on the therly �� OfUnum eota Dd ive ° nor (6D foot r4ort-of-%V) as on last said a point Last said point being on a curve having a 20. With the am of last said O UNO right-of-way ffite of said Xfmmota Drive, as it curves to the South, to a ill South 67 degrees 4s nhuuues 40 seconds West a chard dispmee of 134.11 feet, ftom the proeodntg 1>Oillt, to a point at the southeasterly corner of Lot 137, as shown on last said mcorded map; thence 21. North 02 doves 38 trio seconds West 1 M o the ea of said Lot 137 to a point; �� �I /lJ �B 22. South 97 dcVm 21 mV of said Lot 137, to a poetrt; theac ft' a ° the nWhedy fine 23. South 02 degrees 39 n*uft 25 seeonda East 26.43 fact, along the westerly line Of said Lot 137, to a point at the fly comer of Lot 136, as shown on at said recorded map; thence 24. South 67 degrees 21 minutos ottdsLng Of said Lot 136 to a point; o the nod line Otort¢ Page Tbree of Tb rteen OFF MU v /Mono _ _ eII�Plla N U�OFFrcrAc vgCgpd �aUMMCM Ilillllll0III 8�811 P1153 18:14:06.008 Robert 3. Robinson Brunswiek County. NC Register of Deeds pane ha of h9 25, South 02 dogma 39M&Q5 seconds East ng the westerly line of 504 Lot 136 to a point at t os 135, as slhowu on a map recorded in Map I of , thence 26. South 97 dogma 21 minutes 35 secoadaV"Z4MA along the nordmiy we of said Lot 135 to a point; thence 27. South 02 degres 39 minutes 25 seconds East 15.17 feet, along the ttrosw* sine of said Lot 135 to a point at the northeasterly corner of Lot 134 as shown on last avid recorded Wisp; 28. South 97 degrees 21 feet, along the northerly line of Lots 134, 133, 132, 13 IW,, 4, and 123, as shown on Lot said recorded map to a point; tit CU& 29. South 88 degrees 50 minutes 08 seconds West 46.11 feet, along the northerly line of said Lot 122. Last said point being the northeastely corner of Lot 121, as shown on a map recorded in Map Book 24 at Page 274 of said Registry; thence 30. North 72 degrees 04 min soo:onds the northerly line of Lot 121 as shown on last sal point; thence UNOMMU 31. North 47 degrees 4.B seco feet; along the northeasterly line of Lot 120 as shown on last said recorded point; thence 32, Noith 21 degrees 46 minutes 11 seconds West 40.56 foal, along the northeasterly line of Lot 119 as shown on last said recorded map to a point; thence 33. North 02 degeos 10 seconds Fast 4 the easterly line of Lot 118, as shown on last an theme 34. Nor$ 06 degrees 40 win set, along We easterly line of Lot 117, 116, 115, 114, 113, 112, 111, 8, and 107, as shown on last said recorded map to a point. Last said point being the southeasterly caner of Lot 106 as shown on a map recorded in Map Book- 24 at Page 275 of said Registry; thence 35. C.ontinging North 06 minutes 39 se t .74 feet, along the easterly line of Lacs 106, 105, 10 99, as shown an Iast Drecorded map, to a -way line of said VanessaUR Page Fbur of Thirteen l 1 TA U14uNr�Ilrrrn� -.,rCIgL 1 U N Or L,N I ) ICIAL NOW , OR P1154®fi827-2008 -74:05 008 Brunswick Countv. 6NCRealsbCeeds oa�ae 31 of 19 36_ South 83 dues 42 tnlIIl = 23 seconds East 575.01 along the southern+ right -of -Way hno of a Drive to $ UM of last soudwly rightwf-Way line Drive, as shown an sal of 268 MOmd Rq* y, thence Page 268 of said N-5 31. South 06 degrees 40 miCIMS 38 secopda West 179.75 feet, along the westerly right-of-way line of said Morehead Drive to a polut; thence 38. North 83 degrees 42 minutes 23 aeeonda West 461.35 few, along the wrd.* line of the Common thence %W sham on a reap re Map Book 24 at Page 268 of said Registry; ��� 39. South 06 degrees 17 Wong the y ,lino Of the Common Area on Map Book 24 at pap and the westerly line of de wn On Area she" 268 24 at Page 269 of saidP ttocotded is Map Book RAY toa poi Rance 40. South 02 the Braes 3 minutes 25 seconds West 226.0S feett, along another West * an to a point: tha �pgpi�Map Book 24 at Pap Z69 ence 41. North 87 daMes 21 2 Of the Common Manve the souRlerly line to a point thence 440ak%*alon 42• North 02 degrom 38 minutes 25 seconds West 121.25 feet, 810%the easterly litre Of the Commm Ana. Shawn on last said recorded map to a point on the Wudledy right -fey lace of Morehead Drive; thence 43. North 87 degrees 21 seconds East 2��ttg &a southerly rightrof-way lure of said Mot D� 44, South 06 degrees 40 of tie Common Area sa shown on said map �� thew line of said'Reg any to a p thence M Book za at Page 268 45. South 83 degrees 19 minutes 22 seconds East 121.25 feet, along a southerly lino of the Common Area shown on last said recorded reap to a point; thence 46. North 06 degrees 40 nlitu tC5 ' Of the Common Area shownLre We point of hag Map Book 24 at Page 268 to Page Five of Thirteen U N O F. F. UNp. FFI�. jAC - O 06-27 2009 Illlll�l�1QPR,M!; 0:.,5Uunty. NC er oDeeds pace 12 of 18 Rrunsuiek Co The above described tract contains 14.03 acres, more or n loss, 3Wr�ect to Easement, of O O O gxV Tract 2 OJ U v ��/�, tat��a Beghning at the mtcroacku of the northerly rightway line of Vanessa Drive (60 foot 6&-of way) with the weeterty right- f-way line of fesaica Drive (60 foot right-of-way) as shown on a asap of ViBagc Grout Townhomes at South Harbour ViQage at Gien Cove, as shown on a map recorded in Map Book 21 at Page 275 of the Brunswick County Registry. Rtn>nurg said beabuft p�t.o O 1. North 83 degt�eea 42 miruuos;0 Jeer, along the northerly right-of-way am of to a carxer of L.ot 45, as shown on a of Glen awl""Map Book 24 at Page 266 of said Rom; therm 2. Nardt 06 degrees 40 nwrAca 38 wconds East 652.92 feat, along the easterly Imo of Lots 45 through 52 of said Glen Cove as shown on said map recorded in Map Book 24 at Page 266 ofpM Registry, and beyond to s t at the norihaaatedy comer of Lot K as draw} map of Gir in Map book 24 at Page 265 of said Registry; O 3, North 0 degrees 20 ndmau O eat, the easterly line of Lot 55, as shown on last said Glen Cove m t at the southeasterly comer of Lot 56; thence 4. North 13 degrees 12 n9nWes 01 second West 97.69 foal, along the easterly fine of said Lot 56, to a point at the southeasterly coiner of Lot 57; lhcmc 5- North 26 deg em 27 atmtrtes ong the easterly litre of said Lot 57, to the o It as shown on last said recorded map; thence 6. North 39 degtem 42 nilnutft 12 s®conde West Meet, along the easterly sine of said Lot 59, to a point at the castmtnost tartar of Lot 59, as shown on last said recorded map; thence 7. North 51 degrees 26 16 aeconds West 70.92 along the northeasterly litre of said Lot 59, to a sae 60; thence �MM0 Uv Page six of Thirteen U� � UNUI fIClAL �l CjAL F F. 1 � N O O• FFI CIAL ����,� 1 Pii56 06-27-2000 76:14:05.000 MH o err J. Rabinson Brunswick Countv. of Deeds page t3 of 19 e North 37 degrees 04 minutes 20 seconds West 40.00 foot, along the eastetV litre of said Lot 60, to a pout - southeasterly wC7 q�¢t 61, as shown on last said recorded map; thence %fJ� Notch 06 degrees 52 mir � . the easterly line Of said Lot 61, to a point at the sou Lot 62, as shown on last said recorded map: thence 10. North 09 degrees 29 minor 59 seconds East 60.00 feet, along the eaatntth liras of acid Lot 62, to a point at the souftterMwst comer ofLot 63, as shown on last said recorded map; thence %j� n 11. North 19 degrees 20 minutes If along the dy, line of said Lot 63, to a poitrt at l i et co , shown on last said recorded map; thence e 12. North 29 degrees 05 minutes 41 seconds East 59.I1 foot, along the southeasterly Eno of said Lot 64, to a point at tho southernmost conwr of Lot 65, as shown an last said recorded trap; thence 13. North 48 degrees 24 tthtmt �_.' k the southeasterly litre of said Lot 65, to a point atof Lot 66, as shown on last said recorded map; th t UNPU PMU ao 14. North 77 degrees 22 minutes 16 seconds FCaut f* along rho southerline of said Lot 66, to a point at the-southwestedy comer of Lot 67, as shown on a snap of Glen Cove, recorded in Map Book 24 at page 264 of the Brunawick County Registry; thence 15. Souk 81 degrees 36 minn seconds East 39. the t]�rjy line re Lot d to a point at rho , as shown on last said recorded map; thence 16. South 89 degrees 00 minors 39 wonch �t, along the southerly litre of said iAY 68 and Lot 69, to a point at the westertunost corner of Lot 70, all shown on last said recorded snap; thence 17. South 65 degrees 47 minutes 52 amends East 392.09 feet, along the southerly Tina Of Lute 70 through 75, to at the southow of said Lot 75, as shows on last said recorded enoo U9F4WFZCZAL Page Seven of Thirteens ,� AL 1 � IAL U U v UOff C�� Brunswick Coun Ball rt P1157 � o4°05.®00 egtst.r of Deeds page 14 of 19 18. North 24 degrees 12 ' etas 09 seconds East I20.00 f t, along the easterly isle of Lot 75, to a point in k Can Drive (60 foot 17?t-pf►yyay? satrE o ; thence 19. South 65 degrees 47 20 00 �� �� . right-of-way Fine of acid Cleat Cave Drive to st said Point being located ?north 65 degleea 47 fuhartcs 52 seconds West 117.50 feat< as measltred along the 9ouduh' riles-ef-WaY line of MW Glen Cove DnN a from its nftwWm witb the westerly tight-of�svay line of said %ssica Ihlvr, as shown an a quip of Vsllage Green Townhomes recorded in Maj1 Book 21 at Page 461 of said Registry; thence 20. South 24 degncas 12 ' along a westedy IitIC Of last said recorded taus Rae UjWxWFZCML21, Souh 5ti degrus 12 S0 a« � along a southerly line of last said recorded map to a point westeliy �yt,o{ �, fine of add I.sat a" Point � on a -taus: having a radius of 270.00 fact, as shown on said map recorded in Map Book 21 at Page 461 of said Registry; thence 22. Along the arc of last and along the wee Jessica Drive, as it curves W Efiomm f-WAY lie of said ntuM= 30 seconds West a � degrees 3I Point; thence (j Pry v `I o 23. North 58 degrees 12 tulnutos 50 eMonds West li4f*ak to a point; thence 24. South 39 degrees 22 ruinuree 13 seconds West 156.02 feet, along a westerly Sine of last said recorded snap to a polut thence 25. South 27 degrees 04 min seconds We�one the westerly line of last said recorded snap to s M TA A-, South IS degrees 32 stint e�411`dceo of lest said recorded map to a p0irt0 thence3eO a woaterlY tine 27' South 04 degtnes 02 minutes 48 seconds West 209.72 fact, to a pohir; thence 28. South 46 dqP= 19 Min U s 04 seconds West 117.77 fee shown on a >; along a westerly One as of Y Townitonaes isq Hook 21 at Page 460 of die Hronswick 9997T.- Page Eight of Thirteen � N • F �,��FFI�r�� U/i/OFFIC. jAL �a a�z,-2�8 IIIII1111�11111111111111111�1 .UIS�IlrU9 0 0 11 P115BQnsgnDf Is8 grunswaok Count 29. South 43 degrees 40 migItes 56 seconds East 120.69 feet, to a point in the westerlY right-of-way fin aid Jasuca Drit t being on a curve having a radius of 260.00 fca 30. Along the arc of last s and eater y n-ofrway lino of said Jessica Drive, 0 it curves to the Eset, to a p southeriy end of last said curve that is South 29 dC9MW 19 marutce 01 second West a chord distance of 194.99 feet, from the preceding point; thence 31. South 06 degrees 17 minutes 37 seconds West 70.00 feet, along the westerly fight -of -way line of NMAOV Drive, to tho p The above described tract�g re or less. Tract 3 Beginning at the intersection of tho northerly right-of-way line of Vanessa Drive (60 foot right-Of=way) with the easterly right-of-way line of Jessica Drive (60 foot right-of-way) as shown on a map of Village Gruen Townhomes at Sawk Barbour Village at Glen Cove recorded in Map k 21 at Page 460 of the Br�wick County Registry. Running thence Hrom said beginnin 1. North 06 degrees 17 ' �1dd,'�t ong the eastotiy right-of-way line of *aid Wy a 2. South 93 degrees 42 minutes 23 seconds East 115.95 feet, to a point; thence 3. North 20 degrees 07 minutes 59 seconds East 98.61€eat, along an easterly Sao of said record map to a POW; ; thence 4. North 46 degrees 43 minutes 7� A along an easterly line of said record map to a p aea�r�� 5. North 15 degrees 24 minutes 59 seconds*cet, along an mealy fina of said record map to a point. La=u said point being a southeasterly corner of that tract shown on a map recorded in Map Book 21 at Page 461 of said Registry to a point; thence 6. North 01 degrees 50 mat 7 seconds East 167.� along the caftly ;, e oflast said recorded msp; the RD Page rime of Thirteen ��� 1 � N O F F o�Fr�Ia 811 P1159 W-27-2008 runswJok Ceun{V. C e �eker{ J. 16;14:05.008 er of Deeds RobJnson Page 16 of 19 7. North 15 degrees 00 ' tes 59 seconds East 139.47 feet, along an easterly line Of last said nsap to a po ee 8. North 28 degrees 50 along an easterly lisle of last said map to a p " e 9. North 42 degrees 29 n*lutes 08 seconds Fast 159.86 feet; along an easterly line Of last said map to a point; thence 10. North 56 degrees 39 minutes 22 seconds West 125.05 feet, to a point on the am* ri*-cf-way tg ' Jessica Drive. L §oW b on a curve having a radios of 330.00 fee 11. Along the are of said taro of said Jessica Drive, as it turns m the 054 to a �th, cs 32 minutes 13 seconds East a chord distance of 20.00 feet, fronpoint, thence 12. South 56 degrees 39 minutes 22 seconds East 121.95 feet, to a point, thence 13. North 24 degrees 12Ifoot 08 seconds East 180.07 along an easterly line, as Shown on last said ton don'rig Gf-way Eno of Glen Cove Drivt (' point 6eang on a curve having a radius of 26C�IGUOG 14. Along the ate of last said curve and along the aou lightwf-way One of said Glen Cove Drive, as it curves to the North, to a point that is South 53 degrees 35 minutes 20 Seconds East a chord db aace of 15.29 feet, from the caetcdy end of last said curve. Last said point being the northernmost comer of Lot 76, as shown on a map of Glen Cove nlz d in Map Book 24 at Page 263 of said Registry; thence Q I 15. South 24 degrees 12 Q�a(idei` the westerly litre of Lot 76, to a point; 16. South 64 degrecs 12 minutes 21 seconds East 65.03feet, along rite southerly litre of said Lot 76, to a point at the woatet Most corner of Lot 77, as shown on last said recorded map; thence 17. South 71 degrees 43 min seconds East 60.977gt bong the southerly line of Said Lot 77, to a point at the °II'fgg as shown on last Said recorded map; thence y , n F (lj JI I w UMOMg &&0ZiDiVz'U Page Ten Of 7h3-rt een e FFz� A N O UNOF,r ILIA 0 �i11111 BZ811 P110 16_s7_zaea arunsaiek County, NC Re fst I of peed 18 14`05.00e 4 abinson Page 17 of 19 IS. South 49 degrees 40 in' putes 31 seconds East 39.12 feet, along the southwesterly lino re Lot 78, to a e westernm 79, as shown an last said recorded map: tlxence 19. South 21 degrees 28 PO)me 44 Toot, along the westerly line Of said Lot 79, to a point at the northwester of Lot 90, as shown on last said recorded map; thence 20. South 06 degrees 47 mitiMea 49 seconds West 39.31 faek along the westerly line of said Lot 80, to a point at the northernmost coiner of Lot 91, as shown on 1a9t said recorded map; no 21. South 33 degrees 36 A of said Lot 81, to a pa. Olt 28 &M along the westerly Lae 0 82, as shown on last said recorded map; 22. South 56 degrees 18 miputes 40 seconds West 64.41 fact, along the northwesterly line of Lot 82, to a point at the northernmost corncr of Lest 93, as shown on last said morded map; thosce 23. South 46 degrees I l milnt seconds the northwesterly line of said Lot 83, to a point a tinier of amid Lot 84, as shown on last said recorded mama 24. South 32 degrees 56 minutes 14 seconds West'eat, along the northwesterly Me of said Lot 84, to a point at die northonlrnost corner of Lot 85, as shown on last said racmded map; thence 25. South 19 dogmas 41m08nds West 87.69 feetalong d" nordtwasternline of said Lt 85, to ofenorth f Lot 86, as shown on last said recorded map; thence 26. South 06 degrees 54 ntin� oet, along the westerly Line of said Lot 96, to a point at the Lot 87 as shown on a map of Glen Cove at South HarbourL-4-illage raoorded in Map Book 24 at Page 262 of the Brunswick County Registry; thence 27. South 03 degrees 43 minutes 17 seconds Fast 266.43 feet, siong the westerly be Of Lots 87, 88, 99, and Set Said MGorded nt� tma t at the southwesterly corner of said , di 0 UNDFMCM& upd0mi�e�¢ Page Eleven Of Thirteen FI�IpL `"' rICIgL U N F D F „N«FF _TIM u�OFFIcrAt �pd M urea 82811 P316106-2;-2 me RoberE J Gisler of Deeds ' RobiPaqe 18 of 19 28. South 50 degas$ 02 Minutes 40 seconds West 33.37 point; feet, along a new line to a � 29. South 42 dogtees 02 nrirVt p point; thence U � J�VJ V&I � ¢ along a new line to a Oft e point; thence 30. Saudi 27 dggnxs 51 minutes 06 monde West feet, along a new line to a 31. South 45 degrees 47 minutes 20 second, West 71.05 feet, along a new lino to a Point; thence pD 32. North 88 deg m 29 nunuh s feot, aloog a new line to a Point thence (j r I p � 33. South 62 degrees 17 minutes 47 seconds West 128. feet, along a new line to a pbout an the northerlyigh rtof-way liar said d Vanes,, Drive. Last said point eing on a curve having a radius of 4920 feet; them 34. With the arc of fast said and with the norrthe said Vanessa Drive, ait chives North, to � f es Y fiend of said cum that t eg 83 dew O eat a chord distance of 11.44 feet; thenmsce IJ�Uj� lJ �GI 35. North 83 degree 42 minutes 23 seconds Wmt ISWOt, along the northerly right of -Way lint of said Vanessa Drive to the point of beginning, The above described tract contains 5.28 awes, more or lees. 4,414% o �����pa OUNOFFZrML FI�IpL U N N�F�r�1Ac Page 7gve of zhirteerl UffigWICza p U/�D�.FIc jAL 08 27 2000 Jill 1II IIII IIJIII I III IIv. I IIIIIIIIIIII� B28 P116T� g fs 1 80 of Deeds - �pd Tracts 1, 2, and 3 are sh� a o ed "Revised Glen Cove at South Harbour Village recorde inet?4 at Page 261 (Sheet 1 of 6) and also on two unrecorded survey plats or maps prepared by Sherwin Cribb, PLS, each being dated January 2, 2002. TRACT 4 That tract or parse being described as Parcel � . n es more or less and at Page 392 of the Brunswick County Regist recorded in Map Book 26 a All of the above four (4) tracts of and all improvements thereon are also subject to those matters aRE94 ' �ed from Standard Products of North Carolites, LLC, recorded in Book 1125 at Page 1252 Re s ,j,�t3' � tt'Y- �-�., FIB pL �OFFI CIAO � I�IpL UryOFFI CIAO Page Thurteen of Thirteen U Np, NA F�oa7) � c Z POW k LC :SFI !folding of Po Northern Blvd.,-_,.. 11030 42.05 MOM, k OWN 0 N6WGVVnEeIIXMMW" PUtOW.paMik. Town of'. Oak' Island TIM; 4i V-W*gm w4imw in :Rsbmmlst- WWWAIMMOA 42 DIVISION OF WATER QUALITY SURFACE WATER PROTECTION SECTION WILMINGTON REGIONAL OFFICE August 14, 2007 MEMORANDUM To: Paul Rawls From: Rhonda Hall Through: Edward Beck Subject: Outstanding Stormwater Permit issues Westport at Village Greens Town Houses (Westport) Bridge Point Business Park (South Harbour Station) Brunswick County Westport (SW8 990851) Application Received: Yes Application Processing Fee Recieved: Yes, $2,000.00 (Express Processing) Additional Information Needed Revised deed restrictions for 62 townhomes associated with development. If the townhomes have been sold, the owner(s) will need to sign the revised deed restrictions. The deed restrictions that were submitted to this office on 02/17/2004 indicate that each of the 62 tonwhomes is allotted 3,500 square feet of built -upon area. This does not correspond with the application and plans that were submitted for a permit modification. The application and plans indicate that each of the 62 townhomes will be allotted 2,500 square feet of built -upon area. In addition, if the townhomes have been constructed with 3,500 square feet of built upon area the permitee will need to demonstrate how the development will continue to meet the low density requirements as the application already indicates 25% built -upon area with the townhomes being allotted 2,500 square feet of built -upon area each. As -Built drawing verifying that each of the existing townhomes has been constructed with 2,500 square feet of built -upon area or less. ($) Proposed notarized deed restriction for lots 146-151 (six lots that were suddivided and sold) Conc VA usion uoo With submittal of the additional information requested, the modification can be processed and issued ianxnediately. Bridge Point Business Park (AKA South Harbour Station) (SW8 010221) Application Received: Yes Application Processing Fee Recieved: Yes, $420.00 (Normal Processing — approx. 60 day) Additional Information Needed _51 Deed restrictions which designate BUA for Outparcels 1 and 2 Express fee if quick service is desired (additional $3,580) The designers certification for the two ponds The site plan needs to specify that the tract at the north end that is designated as "outside the drainage area" is to remain undeveloped. This will help assure that the tract remains undeveloped in the future. Submital of an offsite application for lots 22-25 that were sold to a new owner. The offsite application needs to be submitted and processed in conjunction with the application to modify Bridge Point Business Park and the application for a new Onld With submittal of the additional information requested, the modification can be processed and issued immediately with receipt of the express fee. This application needs to be processed in conjunction with the application for an offsite permit for Lots 22-25 and the application for a new development known as Oak Island Resort. Lots 22-25 (Lots were sold to new owner. However the permit for Bridge Point Business Park of which these lots are included in the property boundary has never been modified) Application Received: No Application Processing Fee Recieved: No Additional Information Needed 1. A permit application must be submitted for the tract that includes lots 22-25 as an offsite tract 2. Deed restrictions for the lots to limit the built -upon area associated with each lot 3. A means of conveying stormwater runoff to the designated stormwatcr pond needs to be constructed on the site within a drainage easement. This conveyance system is currently shown on the plans as a swale. A drainage easement will need to be recorded for this purpose 4. Express fee if quick service is desired (additional $2,000) Conclusion With the submittal of the permit application along with the other additional information requested, the modification can be processed and issued immediately with receipt of the express fee. This application needs to be processed in conjunction with the application to modify Bridge Point Business Park and the application for a new development known as Oak Island Resort because land previously in Bridge Point is now part of Oak Island Resort. N_ 4:�, Oak Island Resort (A second portion of the property associated with Bridge Point Business Park was also sold to new owner. New owner has submitted an application for Oak Island Resort which include this property) Application Received: Yes Application Processing Fee Recieved: $420.00 Additional Information Needed 1. Express fee if quick service is desired (additional $3,580) Conclusion With submittal of the additional information requested, the modification can be processed and issued immediately with receipt of the express fee. This application needs to be processed in conjunction with the application to modify Bridge Point Business Park and the application for an offsite permit for Lots 22-25 G \e-r�coc-)�a5 ¢ Electronic Government Solutions - E Services Page 1 of 2 (Notice: This site data is current as of 5/27/2007) Ownership I I s In,'o I I ;`',, p .'ilfo I I Property Card I IParcel Subject Brunswick County Parcel: 237AA146 Parcel Report Parcel Information: Parcel Data: Field Address: Parcel: Account Number: Parcel Description Deed Book: Deed Page: City Id: City Name: Impl_Use_Name: 5140 MINNESOTA DR 237AA146 30904130 L-151 .45AC WESTPORT@S HARB PL- 24/270-276 1470 0289 14 OAK ISLAND SINGLE FAMILY Parcel Information: No. Of 2 BEDROOMS Bedrooms: Bath 4.0 Restrooms: Fireplace: PREFAB No. Of 1.5 STORIES Stories: Air Condition CENTRAL Type: Heat Type: HEAT PUMP/GAS PACK Heating ELECTRIC Type: Interior Flooring HARDWOOD Name1: Interior Flooring CARPET Name2: Interior Wall DRYWALL/SHEETROCK Namel: Interior Wall Name2: Roofing ASPHALT OR Type: COMPOSI Roofing Structure GABLE OR HIP Name:. Exterior Wall HARDY PLANK Typel: Exterior Wall Type2: Actual Year2001 Built: Eff.Year 2002 Built: HeatSq: 2132 http://egs.brunsco.net:8080/EGSV3B PCParcelReport.do?prclno=237AA146 5/28/2007 Flectronic Government Solutions - E Services Page 2 of 2 RESIDENTIAL Total Sq: Imp2_Model_Name: SFR CONSTRUCTION Fire Code Street Number: 5140 LONG BEACH Name: Street Name: MINNESOTA SAD Street Type: DR Name: Street Direction: Floors: Street Blvd: Location: Street Zip: 28461 Units: 00 Land Type: Owner Information: Structure 00 Tax Payer Name: QUALITY FARM INC Frame: Address Line 1: Cell 00 Address Line 2: 5001 O'QUINN BLVD Insulation: UNIT I Rooms 00 City: SOUTHPORT Per: State: NC Common 00 Zip Code: 28461 Wall: Wall 00 Sales Data.• Height: Sale Book: 1470 Sale Page: 0289 Appraisal Information• Sale Month: 06 R_Land_Val: 75000 Sale Year: 2001 R_Deffered_Val:0 Sale Instrument: WD R_Other_Val: Sale Quality: Q R_Home_Val: 224260 Sale Imp: V R Total —Val: 302810 Sale Price: 75000 Exmp_Code: R_Code: Structure Data: Subarea_Desc: BAS Lots Acres Type: L Pct_Base: 1.00Quality Lots Acres Size: 1.00 Adj: 3 Actual Area: 1846 Quality Adj. AVERAGE Effective Area: 1846 Name: Rep 148142 Last Update: 5/10/07 —Cost —New: Cards No.: 1 Card No. Of: 1 Neighborhood: 304B Econ_Obs: 00 Func_Obs: 00 Spec_Code: 00 Percent _Cond : 00 HVAC: Ownership: 0.00 Exmp_Name: http://egs.brunsco.net:8080/EGSV3BWK/PCParcelReport.do?prclno=237AA146 5/28/2007 'Electronic Government Solutions - E Services Page 1 of 2 Ig (Notice: This site data is current as of 5/27/2007) Or. t_:-:tripIF -Tx 61fo Map Info Property Card I Parcel Report Subject Brunswick County Parcel: 237AA150 Parcel Report Parcel Information: Parcel Data: Field Address: Parcel: Account Number Parcel Description Deed Book: Deed Page: City Id: City Name: 5150 MINNESOTA 237AAISO 31414960 L-146 & 147 WESTPORT @ S HARBOUR 24/270- 276 2377 0187 14 OAK ISLAND SINGLE FAMILY Parcel Information: No. Of 4 Bedrooms: BEDROOMS Bath 2.0 Restrooms: Fireplace: PREFAB No. Of 1.5 Stories: STORIES Air Condition CENTRAL Type: HEAT Heat Type: PUMP/GAS PACK Heating ELECTRIC Type: Interior Flooring HARDWOOD Namel: Interior Flooring CARPET Name2: Interior CUSTOM / Wall INTERIOR Namel. Interior Wall Name2: Roofing ASBESTOS Type: SHINGLE Roofing GABLE OR Structure HIP Name: Exterior HARDY Wall PLANK Typel: Exterior Wall Type2: Actual Year2005 Built: Eff.Year 2006 http://egs.brunsco.net:8080/EGSV3BWK/PCParcelReport.do?prclno=237AA150 5/28/2007 `Electronic Government Solutions - E Services Page 2 of 2 Imp1_Use_Name: RESIDENTIAL Built: Imp2_Model_Name: SFR CONSTRUCTION Heat Sq: 2903 Street Number: S150 Total Sq: Street Name: MINNESOTA Fire Code LONG Street Type: DR Name: BEACH Street Direction: SAD Street Blvd: Name: Street Zip: 28461 Floors: Location: Owner Information: Units: 00 ALLEN JOHN W ET JUDY Land Type: Tax Payer Name: F Structure 00 Address Line 1: Frame: Address Line 2: 5150 MINNESOTA DR Cell 00 City: SOUTHPORT Insulation: State: NC Rooms 00 Zip Code: 28461 Per: Common 00 Wall: Sales Data: Wall Sale Book: 2377 Height: 00 Sale Page: 0187 Sale Month: 04 Sale Year: 2006 Appraisal Information: Sale Instrument: R_Land_Val: 112500 Sale Quality: R Deffered_Val:0 Sale Imp: R_Other Val: Sale Price: 0 R_Home_Val: 316630 R_Total _Val: 447230 Structure Data: R Code:ode: Lots Acres Type: L _ode: Subarea_Desc: BAS Lots Acres Size: 2.00 Pct_Base: 1.00 Actual Area: 1976 Quality Adj: 3+ Effective Area: 1976 Quality Adj. Rep —Cost —New: 188214 Name: AVERAGE Last Update: 5/10/07 Cards No.: 1 Card No. Of: 1 Neighborhood: 304B Econ_Obs: 00 Func_Obs: 00 Spec __Code: 00 Percent_Cond: 00 HVAC: Ownership: 0.00 Exmp_Name: http://egs.bransco.net:8080/EGSV3BWK/PCParcelReport.do?prclno=237AA150 5/28/2007 011401001111itwarewE 6 7� No Revenue Stamps Drawn By: Stevens, McGhee, Morgan, Lennon, STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK P1a11nter Re6 PlAafti- /tor MS Ck $ . JFZL0 a Ck N /� CW $__-__,_ Raundt CoM I Ftwnoa,.,� Olbrb sd WanisK as 1MO4N b as�lpn dial 0 DppllelrM 00l�MLlYs; Ylldlola W �r ' MuaentlMttanocs k �.goluordaraoptsd Toll & Carter, L.L.P. Tax Parcel Ne: DEED of Gitlin THIS DEED OF GIFT, made and entered into this j2ndday of D Scdamber 2006, by and between POINT ASSOCIATES, LLC, a North Carolina Limited LiaMity Company, parry of the first part; and SOUTH HARBOUR MASTRR POA, INC., a North Carolina NoWofit Corporation, party of On second part, whose addt+ess is .Vol i n ri Bk/d Unif V- .-I&A0ei N C, That the said party of the first part, in consideration of and as a gift and oouttibution to a nonprofit corporation, the party of the second part, has given, granted, and eattveyed, and by these presents does give, gmt, and convey w to the said party of the second part, and its successors and assigns, in fee sinrpie, all those certain tracts, parcels or lots of land in Bnu%vAck County, North Carolina, bounded and descWbed as follows, W-wit: See att elmd Exhibit "A" which is incorporated herein by reference, for a fall and complete description. The party of tide drat part melees no representation or warranty whafteaver as to &e physical lwdler environmental condition of asy of the ImWa, bandings, roods, and/or ether imp►roveaneets conveyed hereby. The paM of the second part, by accepting and recording this Deed, agrees and acknowledges that it has received and has accepted the said land and aR buildhap, roads, and/or other improvemests'mAS 18" and without warranty except se to asch warranty of titic as may be qpe�'''_. aft set fib herein. PLMOW step 061'. MA:6 TOGETH$R WITH AND SUBJECT TO ALL matters and tlahugis ad forth on 9xillbit "A" attached, tfw proviliaas of all applicable zoning and land use ordinances, statutes and rsguiations, udft Ala, and all dedu atiow, eav+esvtnte and/or restrictions of record and A sapplameasts and/or amendo nants thereto, including, wkhoant Marion, the Master Dedaratlon of OwMaNts, CAtrMatma, and Restrictions for South Harborer Village, recorded In Boot 2104 at Pagp 574 of the Rmwwkk County, North Car fta, Regliftry►, and all numadmeuts thereh and ratiRie dons dwnmL Subject, also, to the terms and conditions of that deed fatiae Shad and Products of North Carolina, Iec. to Point Associates, LLC, dated Jameary 15,1"70 and recorded in Book 1129 at Page17M of the said Bru nswiek Comfy Regis". Thep" of the Second part moderstands and adazevwkdgte that carpals pordm of the real property* conywed herewith save as part of the atom water management Mystern wbkb on v the Sooth, Harbow Vmkge coenueunipr. In accepting and recordion this Deed, the party of the second part acknowledges that it don her be the sole party respendble for noing that all the Unn and candidoaas of fuss and an appmeaMe storm water Maeagmeatt permits iinued by the State of North Car eVes are net sand that all such dersn water manaagan sent systems and/or areas are prepwrly nah t loed in the nanoer required by said panits. TO HAS ANDTO HOLD, the aforesaid tuts, lots, or pals of laud, roads, building% and/or other improvcments, and an privileges and a tutenances dwevnto belonging to The said party of tam uxald park. onal its mmeasrus and assigns, forever. And the said patty of the first pant does covenant that it has done nothing to impair each title as it received fi+rnm Standard Ptodarcts of North Caarolins, Inc., by that above noted Instrument recorded in Book 1 i 25 of Page 1252 of the sold Brunswick County Registry; that the premises herein demn*od is free from encumbrances, cmeep as stated :above; and that it will warrant and defend the title to the same against the lawful claims of all persons claiming by, tiuough, or under, the party ofthe first part. IN WITNESS WHEREOF, the said party of the first part has cmised this inst wnant to be executed in its name by authorized Manber-Managers, as the act and deed of the said Q @!11111 A MY! I W I Fft' bi M-p saw POINT ASSOCIATES, LLC, all as of the day and year first above written. POINT ASSOCIATE, LLC. WILMINGrMN HOLDING CO AA ., Member -Manager r By: ■ Thomas A. NuZW, ice Presi VIABLE CORP., Member-Mpmager By: -w A2��4�' WAI L. BURWMT, M PreoWnt )RK AU I, ®n a ek 'roto . a Nota y Public in and for the aforesaid State and Cowsty of N AA & j . do hereby calW that TSOMAS A. NUZIO persar:Wly appeared before me Ids day and acianaroviedgod that he is a Vice Presides of Wi"rmii swu Holdie Corp., Nerth Carolina Corporation which is a Member -Manager of POINT ASSOCIATES, LLC, a North Carolina Limited Liability Company; and drat by audwity duty given and as the act and deed of said corporaftn, the forego* and wmaxed inshument vas sued in its narne by its Vice president and sealed with its corporate seal, all done as a Member-Marmw ot on bebaif of, and as the deed and act of the said POINT ASSOCIATES, LLC. NVrfNM my band crud notarial seal, this the .V4day of tkor f„4 6f /' , 2006. ANGFLA TMO NOTARY PUBVtC, ftft *f VW Vbdc itio. jtiT06U41 M Cownlissim MOM Mays r 20 10 Notffi P # e - A-n_. 7o to PrintDame my commission: Expires: S-h /i¢ STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, Jerry Y. Thomason , allotary Public in and for the aforesaid State and . County of Ponder , do hereby certify that EDWIN L. BURNETT, A per=Wly appeared before me this day and acknowledged that he is President of VIABLE CORP., a North Carolina Corporation which is a Member -Manager of POINT ASSOCIATES, LLC, a Nwth Cwdina Limited Liability Company; and that by authority duly Sim and as the ad and dad of said corporal n, the foregoing and annexed instrument was signed in its name by its President and seealed with its corporate seal, all dam as a Member -Manager of; on behalf of. and as the deed and act of the said POINT ASSOCIATES, LLC. A WMEN ray hand and notarial sea% this the _ day of A& I , 2006. � otery Public•�•a.•�J Jerky Y. Thca on Print Name - - My Conemission Expires: 12/OS/2010 Miac2:12-22-06 A DedM14-86 INNIUM!"Jill w w0a M-1 EMBRIT "A" All areas designated as "Commen Area" or "Common Areas" and all nwk enowntts, and/or rights of way as are shown on the several maps and plate of the various subdivisions within the South Barbour Village Development, inchrding the plate or maps of Glen Cove, Westp•rt, and the other said mbdivisiens. But spwilksilly exdnding those common area and all roads, easements, aadfor s iglits of way shown upon the plats or maps of Barnes Bluff subdivision, as well as all of the lands orWisally awana Ved to South Barbour Vide Associates, LLC, by Point Associates, LLC, by that deed recorded in Book 1331 at page 1009 of the Brun wick County Registry, and spwWcatly excluding all of that portion of Vanessa Drive which lies widths Soutb Barbour Village SubilMde n. Further excluding tracts previously eoaveyed wW the following deseribed trade or per -eels of land: TRACT 1— CONSISTING OF 14.03 ACRES MORE OR LESS TRACT Z — CONSISTING OF 3A7 ACRES MORE OR LESS TRACT 3 -- COPI MING OF SM ACRES MORE OR LESS The above three tracts are shown on we unrecorded plats prepared by Sherwin D. C Vi bibb, lFLS, each fining dated January 2.2M. TRACT 4 -- CONSISTING OF .027 ACRES MORE OR LESS; BEING DESIGMATED AS PARCEL "B" ON THAT MAP PREPARED BY SMRWIN D. CRI BB DATED JULY 9, 20M AND RECOM D K4M.*. P BOOK 36 AT PAGE 392 OF TEE BRUNSWTCK COUNTY REGISTRY. And speeiBedly including the fellowkC tract or tracts and all improvements thereon, but subject to all exceptions set forth herein: (1) All of that tract or parcel of land demoted as Parcel "A" on that plat entitled WMap of Dh►isie► of Property for Point Associates, LLC" dated July 2, 2002 and recorded in Map Book 26 at Page 392 of the Brmmkk County Registry. Subject, however, to add recorded lease andlor the rkbts of tenants already i possession of any part or portion of said really; further subject to the rio* of said tenants, and their lnvitws, to have the an and accew, in common with others over, upon, and across the parking areas shown and designated an said recorded plat. Subject also to plc casements sad other matter aid things shown on the said recorded plat, locluding, without lbultatian, an eaeeme t area conveyed to Bell South recorded in Deed Book 1381 at Pave 792, together with access to said easement area. THAT TTES SURVEY M ^r EAL t 1. t G9q 1 dHERWlIV 0. CAIIBB f MIZ INOPENSIVAN1, LAND SURVEYOR Nlw L�IO< �a aSbIIO L &IHER%W A CAVIPA CERYWY 7TWT THIS auavEr AS AN EP=71NS PARCEL OR P711RCELS OF LAM AMWimSTTRREEETT AV AAA Aww � 4LIL 4F-3001s3s�rL� SEAL SHERWIN CRAM MCL PRGIWdd/WML. LANDAddRVVVVR Nlw L-1 L-1699 /MEW MAVVER COUNTY NOR7H caRorllMe �'�vIN pr it L YUU.OMtOIA GL 100090ELL. A A0077ARY PU/BLfa OF 77�E COUNTY AM 417MTW APOiRESAID CENTOrY 7TIAT SMERNEV D. CRAM A LICENSED PAWZVAWA4L SURVEYOR: PERSOMLLY APPEARED REPOiE AW 7MV DAY APO AdOMOWLIZWW TPW ENECU77CIN Wr INC. PIOREISOIAAS ' MLS77PUIIUE7VT. K17MENS MY PINAO , ... OPTrPC/AL S7XILtIP OR SEAL, 77*5 DAY E00>Z Yu a WOOOELL. N07DWY �o� OTAq MY ODN AWAISSI ZKPIRES JULY 04 800� � '°uBLIG f 8RU?WWICK COUJAfrY N0971H CAROL Y .� THE PC10WO pW Ct7R7PICATE ' O/< YMOICIA 6t WOODELL. NOTARY PIA LIC IS CERTNrIED 70 sE CORRECT. AQMMr.d RONIIVSON - REVU97EX OFDEMS 81RUMSWNK C06TVTr IPY: z s 3 'Fee3 �� �� iar Lora wi•1T+wv �, S "iu AREA A 7?fL s1 NCE PIMRI �S E �0. w rnp all Ci: BRL#VS"fw COUFVTY NCR7N CAA LLAMA e MLSD FOR REOIS7R07?CW QV 7745 7TIE_DAY Q r 800$ AT AJK/I AA APO DULY REVORQED AN AMP BOOK AT PASS ROSERT .L R MAPON - RE007ER OF DEEaLS &WWO /CK COUAVTY my: CE7MF=47S OF APPROVAL - TOWN OF OAK ISLAND THE TOWN Wr GMK ISLAM HEREBY APPROVES TTAF PLAT POR •POWr ASSOCIATES, LLC- SUCH SU'UUUOVV ICOIN US PoLwO 70 CoArLY WI7H SUBGMVISm REWL&A7110AMS POR OAK ISLAACtTT PLAT /�LASOF THE APPROVED POR REOONOW NV THhfE !QE 7 3/ DOF e�U dyeo4Prrs_ DAIFLF 7CKW CVI K ISLAAOJ K /SLAM RobertJ �tY--ftantiter of needs nsm Inst 02738 Book 26pacje 39�2 06/05/2002 10:47.38ao I�II� qI (GO'PrGVATE N W••, GLEN COVE DRIVE x GLEN COVE DOVE r EN COVE � MA zp D GLC M VX"GV AGO 04MV. T At PAGE GA! - &MEET 8 OF 6 LEVEM PROPERTY LAI,E' CEN7ERL94W LAVE LOT LAW D COAACRETE MDNU. wEwr O alp - OLD AROIN _ .ar AS'VO7Ep PARCEL 'A*'- Qe9 AQ ��a�•n•• � QE7 AQ ��L as ` ¢L aLtw cove oe, 3 rr pe , �STwweawwTw� trwrwwwwY L.ACATIONN P NOTR , PROPOSED BELL SOUTH EASEMENT "B'• WILL SUPERCED EXISTING ",1 L EASM T "A"S TH G� DB V �o c �• 7 f NAp OF D/VISIM OF PAVPERTY fOR POINT ASSOCIATES. LLC REVISED GLEN COVE W SOUTH HAR80UR VILLAGE TOWN Of QAK M"M sw HVRLE ro*w P &w.^ wim OOUAVTY NORTH CAROL#" DEVEiOPED or., POINT ASSOCIATES, LLC Mal HERON RUN ORYVE W91L40VOTm PLC E'I40S (910) S&O-s"I SCALE: r• a 'JO' A&Y OA 8008 OR4PHIC &GALE OF FEET J If CCC 2� SHERW/N 0. CRIMP ACC. PROSICINAL LAND SURVEYQR Ak% S /I44 JWYAM t31LV8 . c wILM,aNeT� P+CQ pe4l>z �° ' rsro� »I-ooeo '�rr OAX /SSANO BRIDGE Lo^ArlO„fA1 v� - -- -- _ _ A: C, //GN'Y, 0/39 Brunswick County --Register of [ieerY w/ Robert J. Robinson 9] 812 Rook 24Paoe 2,b]. OLD LONG BEACH ROAD S.F. A' l2/O eRIasEPorxr sveanyslDN MAP CAINE 'r . PAGE/GE L07I LG-40 TOWN Or SANDY TYNER LONG IEACN NAP CABINEWIS PME' 463 DI EI l OOK rlR PAGC GEI 3 tul J IQ h E;1 _ a • JIIIIl�Nr11M Q LLI.nnan �� anennennnn. � �jurrurruuur �r L� � ri 4�1 : /fy'tuf L eJ yr M j1 £Ftl !+ Af� lea to POINT' ASSOCIArE7, LLC A NOR IN CAROIINA UD L:pTITED LIAB/L/rT COMPANY 4 r umxnnr 1 unnn s�v Cl /. '4R 1,CL4 /2001 0]_24_26[m RPri ""r,� l ^�m>e�a R�Krn� �� • � \ BR/DJOPO/NT VILLAS A `\ BRIDGE PU 7 BUS/N£SKn - MAP CA - � HEATH _ 1 L ..d,��.• r rs sa 114av er n WESOTA OR/ N Ilf HI «r rr N N w r I • tr Ct wr98ra N N.r N � � OLEN COVE GOLF COURSE R °a GLEN COPE DR !T �° e7 fRINK I HERglNf 0 04E se rf �' SUBDIVISION f 1 u 4e 4s 4s eO ofcli a xr 06W so Ge y wr ML ph 7REfN TO*-OMES Al M 0 Cf�1 .� fII ,I rh I GLEN C�ooV,jE��'¢7��,' ? !! h, >, 46 ' •GYM `�+ VILLAOECREEN TiDM7rVlOAIES CLYD£N. FAAWSWORTH rr AT �; MAP CABN£T , PAGE WESTPORT /4e� Nrr wNx `ra n+ GOLF COURSE ar r7 N Nr .. 6• . u � � e-gee � S� \i� . �� N 4 AAUJON VT-, �i 1I N■ a I� u °O fl I. N 11 /1 . ,I r/ f j I •� CT I le S.R. 11101 l - RET C 'S is Ie /7 /e— I N N f 1 H f f 1 f f/ If al so.," - N/ N£SOTA DRIVE' ff- I.A.1.6III81ple J =f BTLOLIFE COMMISSION BOAT AAMP LKROLvaAPvlY£R I a LINT` COLIPANY THE TOWN OF' C14K ISLAAAD HEREBY APPROVES 7He PLAT FOR POINT ASSOCIATES% LLr- SUCH SL4D/VISIOIV /S POLNVD TO COMPLY VW7YY 'THE SL4901WSIOIV REGLKA7rONS FOR OAK /S'LANIX NORTH CAROL/NA, AND 7NIS PLAT MAS BEEN APPRQVED FOR RECORDING NV THE OFFICE OF THE REGISTER OF DEEDS OF BRUNSWICK COLNTY. r , L ir. DATE ..-.._ TOVVN OF OAK ISLAND 0, l �'JS H R p \�• -- - TOWN DF WUPON OEACN S•Ai.RAZ"S TOWN OF YAWON BEACW NAD Y7 N.C. GRIP �J rI (2_ r� n 5 NOTE: THERE /S A MAP OF " GLEN COVE of SOUTH HARBOUR VILLAGE" ON £CORD AT THE BRUNSWICK COWVTY REGISTRY / MAP CABINET 21 PAGE 453 A THE PURPOSE OF RECORp/NG TNIS REV/S£D MAP is TO ADD A lO' PUBLIC UTILITY EAS£A/ENT TO THE FRONTAGE OF ALL LOTS TO REVISE ALL CORNER OTS INCLUDING BEARINGS AND DISTANCES B THE ADDITION OF A 2O' DRAINAGE EASz7mWr B£TWp -5 24/2B NO OTHER CHANGES HAVE BEEN MADE. V u V -r, Cv G u ' rNattmrz OtveLOl�er: POINT ASSOC/ATF4 LLC REVISED . 02/05/0I - ADDED TOWN OF OAK /51-AND CERTIFICATE. n I' GLEN COVE CONTAINS: 57.95 ACRES TOTAL I sl e W WNW/ 13 e Q4G Rio LOCAT10N MAP .9 KEY SHEET HEV/SED GLEN COVE AT SCUTN HAR46O R VILLAGE TOWN OF OAK /SLAAP SN/rHvm-LE 7VNTlSN/P &,?UvSW/CK COGYTY AGRTH CAROL/NA JOO' PESRLIANY OA ZOO/ Q4 ~V°Mal Tsar Parr �00 D !00 coo . r 6Sl.RVE-AW NG PA0PMWXhAL AA,, LIMP I/44 SHPYAID BLvv. NYAiAG7C►i NC R64/2 (9/W 79l-OOBO e Uv SH££T I OF 6 STEVENS, McGHEE, MORGAN, LENNON, TOLL & CARTER, L.L.P. ATTORNEYS AND COUNSELORS AT LAW 602 MARKET STREET WILMINGTON, N. C. 28401 9 1 0-763-3666 JOHN A. STEVENS (1 895- 1 990) KARL W. MCGHEE (1 923-1 98 1 ) RICHARD M. MORGAN ALTON Y. LENNON ALAN E. TOLL MARK F. CARTER KURT B. FRYAR October 25, 2005 DELIVERY BY HAND Mr. Edward Beck, Regional Supervisor Ms. Linda Lewis, Environmental Engineer II NCDENR Division of Water Quality 127 Cardinal Drive Wilmington, NC 28405 Re: Permit No. SW8000204 Dear Ed and Linda: MAILING ADDRESS: P. O. DRAWER 59 WILMINGTON, N.C.28402 FACSIMILE: 910-251-9552 RECEIVED OCT 2 6 2005 DWQ 1pROJ # Village Green Townhouses and Glen Cove Subdivision Low Density Subdivision Stormwater Permit Brunswick County Thank you again for allowing me to meet with you yesterday afternoon. I believe that the enclosed documents are the appropriate ones which relate to what you refer to as the Village Green Townhouses development. The ultimate developer (not Ed Burnett) called the development the South Harbour Golf Villas at Glen Cove, a Townhome Development. I enclose hereto a copy of the Declaration which was recorded in March of 2004 in Book 1915 at Page 465 of the Brunswick County Registry. Please refer to Article XIII, Section 2, on page 14 which restricts the Built Upon Area to a maximum of 2400 square feet. I understand that at the end of that Section 2, I will need to add the provision that any such transfer transaction must be approved by the State. The declaration was supplemented in April of 2004 by a document that brought all of the townhome lots within this section of the development under the original declaration. That supplement was recorded in Book 1935 at page 885, Brunswick County Registry. Copies of these documents are included. Mr. Edward Beck Ms. Linda Lewis October 25, 2005 Page Two I will provide you copies of the recorded amendments to the various declarations which require such amendment. Thanking you again for your attention to these matters, I remain, Very truly yours, STEVENS, MCGHEE, M9"N, LENNON, TOLL & CARTER, L.L.P. ton Y. Lennon AYL:jt Enc. lettxNCDENRVi1Gr. Page i of 1 Elaine F Marshall Corporations OCcxporations Home •important Notice GCorporate Forms/Fees •Corporations FAQ •Tobacco Manufacturers *Dissolution Reports Nylon -Profit Reports GVerify Certification *Online Annual Reports Links *Secretary Of State Home •Register for E-Procurement •Dept of Revenue Legislation} 01999 Serrate Bills 102ti01 801 Summaries •Annual Reports 1997 *Corporations 1997 •Other Legislation Search *By Corporate Name ,wFor New Corporation *By Registered Agent Online Orders --Start An Order *New Payment Procedures Contact Us •Corporations Division *Secretary of States web site Print *Printable Page Secretary North Caroline DEPA T E T OF THE SECRETARY OF STATE P© Bm 29622 Raley . NC 2 ( r":�:H:?2 (919)807-2000 Date: 10/24/2005 Click here to: View Document Filings Print apre-populated Annual Report Form I File an Annual Report I Corporation Names Name Name Type NC POINT ASSOCIATES, Legal LLC Limited Liability Company Information SOSID: FID: Status: Date Formed: Citizenship: State of Inc.: Duration: Registered Agent Agent Name: 0414673 562004712 Current -Active 1/6/1997 Domestic NC DEC 2055 Lennon, Alton Y Registered Office Address: 602 Market St Wilmington NC 28401 Registered Mailing Address: Principal Office Address: Principal Mailing Address: 602 Market St Wilmington NC 28401 5001 O'Quinn Blvd., Unit J Southport NC 28461 Post Office Box 59 Wilmington NC 28402 For questions or comments about the North Carolina Secretary of State's web site, please send e-mail to Webmaster. http://www.secretary.state.nc.us/corporations/Corp.aspx?Pitemld=4590995 10/24/2005 Page 1 of 1 North Carolina Elaine F Marshall 0.1� I_ M E : OF Tii-[E Secretary !S)ECRETARY orzSTATE Corporations %-Corporations Home )Important Notice eCorporate Forms/Fees Corporations FAQ *Tobacco Manufacturers Dissolution Reports *Non -Profit Reports ')Verify Certification °Online Annual Reports Links eSecretary Of State Home WRegister for E-Procurement Q'Dept. of Revenue Legislation 01999 Senate Bills 02001 Bill Summaries IsAnnual Reports 1997 *Corporations 1997 )Other Legislation Search OBy Corporate Name 'For New Corporation OBy Registered Agent Online Orders "Start An Order f)New Payment Procedures Contact Us OCorporations Division t'Secretary of State's web site Print 'Printable Page PO B*x 29622 Raleigh, NC 27626-0622 (919,18 —003 Date: 10/21 /2005 Click here to: View Document Filings I To- Print apre-populated Annual Report Form I File an Annual Report I Corporation Names Name Name Type NC POINT ASSOCIATES, Legal LLC Limited Liability Company Information SOSID: 0414673 FID: 562004712 Status: Current -Active Date Formed: 1/6/1997 Citizenship: Domestic State of Inc.: NC Duration: DEC 2055 Registered Agent Agent Name: Registered Office Address: Registered Mailing Address: Principal Office Address: Principal Mailing Address: Lennon, Alton Y 602 Market St Wilmington NC 28401 602 Market St Wilmington NC 28401 5001 O'Quinn Blvd., Unit J Southport NC 28461 Post Office Box 59 Wilmington NC 28402 For questions or comments about the North Carolina Secretary of States web site, please send e-mail to Webmaster. http://www.secretary.state.nc.us/Corporations/Corp.aspx?PitemId=4590995 10/21/2005 0 C200509800017 LIMITED LIABILITY COMPANY ANNUAL REPORT NAME OF LIMITED LIABILITY COMPANY: POINT ASSOCIATES, LLC STATE OF INCORPORATION: NC SECRETARY OF STATE L.L.C. ID NUMBER: 0414673 NATURE OF BUSINESS: REGISTERED AGENT: REGISTERED OFFICE MAILING ADDRESS: REGISTERED OFFICE STREET ADDRESS: SIGNATURE OF THE NEW REGISTERED AGENT: PRINCIPAL OFFICE TELEPHONE NUMBER: PRINCIPAL OFFICE MAILING ADDRESS: PRINCIPAL OFFICE STREET ADDRESS: MANAGERS/MEMBERS/ORGANIZERS: SOSID: 0414673 Date Filed: 4/8/2005 8:11:00 AM Elaine F. Marshall North Carolina Secretary of State C200509800017 FEDERAL EMPLOYER ID NUMBER: 562004712 SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT Name; WILMINGTON HOLDING COName. Name: raw MANAGING MEMBER rift. Titre: Address. P.O. DRAWER 59 Address: Address. WILMINGTON, NC 28402 City.• City: city. State; Zip: State. ZIP: state: ZiP CERTiFI.OFANNUAL REPOZ... T BE COMPLETED BY ALL LIMITED LIABILITY COMPANIES JZ:i2i�A I -0-r- FORM MUST BE SIGNEDQ A MANAGER/MEMBER Il DATE WILMINGTON HOLDING CORP. MANAGING MEMBER TYPE OR PRINT NAME TYPE OR PRINT TITLE ANNUAL REPORT FEE: $200.00 MAIL TO: Secretary of State • Corporations Division • Post Office Box 29525 • Raleigh, NC 27626-0525 4SM31 01-21.05 LLCARI STATE OF NORTH CAROLINA ANNUAL REPORT-LLC INCLUDE $200.00 FILING FEE PAYABLE TO N.C. SECRETARY OF STATE. 97 121 0095 LLC YD-0'4 1 4 6 7 3 FILING A 0 0 1 STATE OF GANIZATION- NC �Ya M.�o �IDIM! ea�dd 4Y VVAXN� nt AM 9: 00 FILED ELAINE F. WtLl A W6 Des n&TE-04-02-1097 SECRETARY OF N NORTH CARACLIN NOTICE DATE-01-31-1007 DATE OF ORGANIZATION--01-06-1097 1. REGISTERED AGENT i REGISTERED OFFICE AILING ADDRESS ENTER AGENT NAME i NAILING ADDRESS CHANGE HERE - PO=T Ailocx T ' 2'LC ALTON T f =W= 101 a" WX smcas BT, SM 409 010054 HAY 1 TR WMACCIGIVVI NC 20401 2. STREET ADDRESS OF REGISTERED OFFICE 101 Nleis WRAMT ST, ME 409 , 11ZIiLt , NC 20402 NEW RUTq = 3. IF REGISTERED AGENT CHANGED, SIGNATURE OF NEW AGENT 4. ENTER PRINCIPAL OFFICE ADDRESS SERE - 5. ENTER FEDERAL EMPLOYER ID NUMBER MERE- ENTER STREET ADDRESS CHANGE RERE- SIOifAl±lEf 00l'fQl'II'0Z1A OON�r TO APlOD1TH�IP! ADDR- 101 N. Front St. , Suite 409 (P.O. Drawei CITY- Wilmington ST-NC sip- 28402 NUW- applied for but. not yet received 6. ENTER NAM, AND BUSINESS ADDRESS OF MANAGERS HERE- NAPE- WILMINGTON HOLDING CORP., ADDR_ P;.0. Drawer 59 (a N.C. corporation) CITY- Wilmington sT- ZIP - NC 28402 _ EDWIN L. BURNETT, III NANE- ALTON Y, LENNON NAHE- ADDR- 1301 Heron Run Drive CITY- Wilmington ST- NC ZIP- 28403 ADDR- P.O. Drawer 59 Wilmington NC 28402 CITY- ST- ZIP- ADDR- CITY- ST- ZIP- 7. BRIEFLY DESCRIBE THE NATURE Or THE BUSINESS- Owns and develops real properties e. DATE- April 30, 1997 SIGNED- "YraemaJ®slYANAGItOFL73ABVAl'YOWEPANY) !N It Y. Lennon, Member -Manager OBIT NAM This form should be returned by the DUE DATE shown above with a check for $200.0o to, SECRETARY OF STATE, ANNUAL REPORT SECTION, POST OFFICE 29525, RALEIGE NC 27626-0525. Page 1 of 1 North Carolina 181 ' ► ��, x Elaine F Marshall Secretary-,t'5 T .� .. PO Sox 29822 Raie%h, Rio 276264622 (919)807- O3 Corporations *Corporations Home )Important Notice 19Corporate Forms/Fees O'Corporations FAQ *Tobacco Manufacturers %Dissolution Reports Non -Profit Reports >Verify Certification *Online Annual Reports Links OSecretary Of State Home 'JRegister for E-Procurement Dept. of Revenue Legislation 'D1999 Senate Bills ,&2001 Bill Summaries c,'Annual Reports 1997 ,Corporations 1997 Other Legislation Search 013y Corporate Name 'For New Corporation Sally Registered Agent Online Orders 3Start An Order vNew Payment Procedures Contact Us eCorporations Division wSecretary of State's web site Print ])Printable Page Date: 10/1812005 Click here to: View Document Filings I Print apre-populated Annual Report Form I File an Annual Report I Corporation Names Name Name Type WC Pointe Associates, LLC Legal Limited Liability Company Information SOSID: FID: Status: Date Formed: Citizenship: State of Inc.: Duration: Registered Agent Agent Name: Registered Office Address: Registered Mailing Address: Principal Office Address: Principal Mailing Address: 0593610 Admin. Dissolved 6/7/2001 Domestic NC Perpetual Benton, Bryan J 7424 Chapel Hill Rd Raleigh NC 27607 No Address No Address For questions or comments about the North Carolina Secretary of State's web site, please send e-mail to Webmaster. hq://www.secretary.state.nc.us/Corporations/Corp.aspx?Pitemld=5339812 10/18/2005 NOTICE TO REGISTERED AGENT: Under N.C.G.S. Section 57C-240, it is the duty of the registered agent to forward the certificate attached below to the corporation at it last known address. Pointe Associates, LLC (593610.) 7424 Chapel Hill Rd Raleigh, NC 27607 STATE OF NORTH CAROLINA DEPARTMENT OF THE SECRETARY OF STATE CERTIFICATE OF DISSOLUTION I, Elaine F. Marshall, Secretary of State, as mandated by law, do hereby certify that Pointe Associates, LLC has been administratively dissolved pursuant to the procedure set forth in N.C.G.S. Section 57C-6-03 for failure to file an annual report effective as of the date set forth hereunder. A Limited Liability Company administratively dissolved under N.C.G.S. Section 57C-6-03 may apply to the Secretary of State for .reinstatement by complying with the procedure set forth in the N.C.G. S. Section 57C-6-03. This the 5a' day of April, 2005. .,o�J Elaine F. Marshall Secretary of State LIMITED LIABILITY COMPANY (LLC) ANNUAL REPORT NAME OF LIMITED LIABILITY COMPANY: POINT ASSOCIATES, LLC STATE OF ORGANIZATION: = SECRETARY OF STATE L.L.C. ID NUMBER: 0 616 6 7 3 FEDERAL EMPLOYERIONUWBER 5fi2j2Q471a IF THIS 18 THE INITIAL ANNUAL REPORT FILIN% PLEASE COMPLETE THE ENTIRE FORM. IF YOUR LLOV NIFORMATION HAS NOT CHANGED SINCE THE PREWOUB REPORT, PLEASE CHECK THE BOX AND COMPLETE LINE B ONLY. I. REGISTERED AGENT A REGISTERED OFFICE MALiNQ ADDRESS: Z STREET ADDRESS AND COUNT/ OF REGISTERED OFFICE: SOSID: 0414673 Date Filed: 4/14/200412:53:00 PM Elaine F. Marshall North Carolina Secretary of State C200406800393 FISCAL YEAR ENDING: Z Z / 31 / 0 3 MONnWAYJYEAR 9. IF THE REGISiERED�1BEiiFCHANAED, SIGNATWiTrOF THi NiW AIR: -- SIGNATURE CONSTITUTER CONSENT TO THE ApmNTMENT 4. ENTER PRINCIPAL OFF= ADDRESS HERE: ADDRESS - !L ENTER PRINCIPAL OFFICE TELEPHONE NUMBER HERE: PLEASE INCLUDE AREA CODE R. ENTER NAME, TITLE, AND BURNERS ADDRESS OF MANAGER($) HERE- ?. BRIEFLY DEBORIBE THE NATURE OF BUSINESS: S. CEIIMIGATWN OF A; =IMPORTMUST SE D 1W ALL LIME ED LIASN.RY ~AWFS SYANA THEL.L.O. A1U2 to AS no mug= - TM dN PNINT THE REPORT • Catpontlom DMKon • volt ON1oE Box 2S62dr • RWl01y ND 7iSE/.OIES IIIBYAI IIIIIIIIIIIBI lhllllllfll1111f m SOSID: 593610 Date Filed: 6/7/2001 10:16 AM Elaine F. Marshall North Carolina Secretary of State State of North Carolina 21 1 4 3 9049 Department of the Secretary of StatL- Limited Liability Company ARTICLES OF ORGANIZATION Pursuant to §57C-2-20 of the General Statutes of North Carolina, the undersigned does hereby submit these Articles of Organization for the purpose of forming a limited liability company. 1. The name of the limited liability company is: _Pointe Associates, LLC 2. If the limited liability company is to dissolve by a specific date, the latest date on which the limited liability company is to dissolve: (If no date for dissolution is specified, there shall be no limit on the duration gf'the limited liability company.) 3. The name and address of each person executing these articles of organization is as follows: (State whether each person is executing these articles of organization in the capacity of'a member, organizer or both). Bryan J. Benton, 7424 Chapel Hill Road, Raleigh, NC 27607ht-/t9.cy-- W. Thomas Fickling, 117 Lochinvar Court, Cary, NC 27511 /y(�.. J c9,�el a...U"t0-.- 4. The street address and county of the initial registered office of the limited liability company is: Number and Street _7424 Chapel Hill Road City, State, Zip Code _Raleigh, NC 27607 County _Wake The mailing address if different from the street address of the initial registered office is: 5. The name and address of the initial registered agent is: _ Bryanl.Benton, 7424 Chapel Hill Rd., Raleigh,NC 27607 6. Check one of the following: (i) Member -managed LLC: all members by virtue of their status as members shall be managers of this limited liability company. _x_(ii) Manager -managed LLC: except as provided by N.C.G.S. Section 57C-3- 20(a), the members of this limited liability company shall not be managers by virtue of their status as members. 7. Any other provisions which the limited liability company elects to include are attached. These articles will be effective upon filing, unless a date and/or time is specified: This is the_21^ day of May_, 2001_. ` Signaltire pe or Print Na d Title c94rl NOTES: 1. Filing fee is $125. This document and one exact or conformed copy of these articles must be filed with the Secretary of State. (Revised January 2000) (Form L-0:) CORPORATIONS DIVISION P.O. Box 29622 RALEIGH, NC 27626-0622 LIMITED LIABILITY COMPANY (LLC) ANNUAL REPORT NAME OF LIMITED LIABILITY COMPANY: SOSID: 0440635 Date Filed: 3/26/2004 8:39:00 AM Elaine F. Marshall North Carolina Secretary of State C200406100643 SOMM HARBOUR VILLAGE ASSOC., LLC STATE OF ORGANIZATION: SECRETARY OF STATE L.L.C. ID NUMBER:9A 0 6 3 5 FECAL YEAR ENDOR 12 / 311 03 MORTWDAYNEAR FEDERAL EMPLOYER ID NUMBER: 562051747 IF THIS IS THE INTTTAL ANNUAL REPORT PILING, PLEASE COMPLETE THE ENTIRE FORM. IF YOUR LLCI INFORMATION HAS NOT DIAUiED SINCE THE PREVIOUS REPORT, PLEASE CI ECK THE BOX 8 AND COMPLETE LINE B OILY. 1. REGISTERED AGENT3REGISTEAEDOFFICE MAILING ADDRESS: 2. STREET ADDRESS AND COUNTY OF REGTSTIGIED OFFIM 8. IF THE REGISTERED AGENT CHANGED, SIGNATURE OF THE NEW AGENT: SIGNATURE CONSTITUTES OWENT TO THE APPOINTMENT 4. ENTER PRINCIPAL OFFICE ADDRESS HERE: ADDRESS - 5. ENTER PRINCIPAL OFFICE TELEPHC K NUMBER HERE: PLEASE INCLUDE AREA C M & ENTER NAME, TITLE, AND BUSINESS ADDRESS OF MANAGERCSy HERE: ( See List Attached) T. BRIEFLY. DESCRIBE THE NATURE OF BUSINEM a.� =nWATWN REPORT 9M OMPLETEDBYALLLIMBED LIABLITY COMPANIES 71 4, 1-;L`J-0y. FORM M UST BE SC6YED BY A ANAGER OF THE L.L.C. , - DATE WI Ng= $II ING CO". KENO 88t TYPE OR PRINT NAME TYPE OR PRINT TITLE ANNUAL REPORT FEE: S'd M MAIL TO: Secretary of State • ftWadons DWIdon • Poet OBNx Box 29525 • Ra dud NC UM-0625 NIIINIIIN �III�IIIYII� iIIIIIII�I111G11 E,vfi�BIT "A" LIMITED LIABILITY COMPANY (LLC) ANNUAL REPORT SOUTH HARBOUR VILLAGE ASSOCIATES, LLC 6. Enter Name, Title and Business Address of Manager(s) Here: Name: Alton Y. Lennon Title: Manager -Member Name: Viable Corp. c% "E.L. Burnett, III Title: Manager -Member Name: Wilmington Holding Corp. Title: Manager -Member Name: John W. Nester Title: Manager -Member Name: Tanlex Corp. c/o Thomas Nuzio Title: Manager -Member Address: 602 Market Street Wilmington, NC 28401 Address: 5001 O'Quinn Blvd. Southport, NC 28461 Address: 1295 Northern Blvd. Manhasset, NY 11030 Address: 1295 Northern Blvd. Manhasset, NY 11030 Address: 1295 Northern Blvd. Manhasset, NY 11030 y I/ qqn �1 e i 6 �'I -g o a �: j[ �fc� (� J ¢g o u! E 1 O 1 es 2 11 i t Ott... iI t•.'�ycj €��5 { I�1 �r k'�'• �e�..e .frMl'3109M 7v1SrC9 3l1Nr71r AW4WAnergU 190P Wb'r net W -1'� 453 8 - 34 - q9 Cft,T ao ' �ti� ca l OD 1� zz Ct If 9 433W 339 cs m A%9498 S M. 21 Z*.s1-9ff 9 '02 3 PQRUMN .00, B&ARS p rk. 0 4w" m "MIR 71 J. 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FAX#: 910-350-2004 REMARKS 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 Telephone (910) 395-3900 Fax (910) 350-2004 An Equal Opportunity Affirmative Action Employer * * * COMMUNICATION RESULT REPORT ( AUG.12.2003 12:44P P. 1 FILE MODE OPTION ---------------------- 700 MEMORY TX REASON FOR ERROR E-1) HANG UP OR LINE FAIL E-3) NO ANSWER ADDRESS (GROUP) 8-9194676008 NCDENR WIRO PAGE ---- P. 5t5 E-2) BUSY E-4) NO FACSIMILE CONNECTION State of North Carolina - Department of Environment and Natural Resources Wilmington Regional Office Michael F. Easley, Governor William G. Ross Jr., Secretary FAX COVER SHEET • Dade. !�03 No. Of Pages; To: From: � �j CO: j� �Cj O: FAX C- A�- AX #• V - dam 1' AX#: 910-�350-2004 REMARKS 127 Cardinal Drive Extension. Wilmippton, N.C. 28405-3945 Telephone (910) 395-3900 r4x (pip) 350.2004 An Equal Opportunity Affirmative Action Employer * * * COMMUNICATION RESULT REPORT ( AUG.13.2003 1:23PM ) * * * P. 1 FILE MODE 748 MEMORY TX OPTION REASON FOR ERROR E-1) HANG UP OR LINE FAIL E-3) NO ANSWER TTI' NCDENR WIRO ADDRESS (GROUP) RESULT PAGE ----------------------------------------------------- 9-3439604 OK P. 4/4 E-2) BUSY E-4) NO FACSIMILE CONNECTION 2. If this application is being submit as the result of a renewal or modification to an existing permit. list tho existing permit number— � a and its issue date (if known) �n�/ 3. Specify the type of project (check one): tow Density --High Density —Redevelop Redevelop General Permit Other 4, Additional Project Requirements (check applicable blanks): CAMA Major _..Sedimentation/Erosion Control _404/401 Permit ^NPDES St -irmwater Information on required state permits can be obtained by contacting the Customer Service Center at 1-877-623-6748. III. PROJECT INFORMATION 1. In the space provided below, su+ nnarize how stormwater will be treated. Also attach a detailed narrative (one to two pages) describing stormwater management for the project . Runoff will be collected in grassed road swales and conveyed off -site in'swales. Density for total project will be less than 25%. 2. 5tormwater runoff from this project drains to the Cape Fear Rive, basin. 3. Total Project Area: 51.69 acres S. How many drainage areas does the project have? 1 4. Project Built Upon Area; 25 % 6. Complete the following information for each drainage area. If there are more than two drainage areas in the project, attach an additional sheet with the information for each area provided in the same format as below. * * * COMMUNICATION RESULT REPORT ( AUG.13.2003 11:26AM ) P. 1 FILE MODE 734 MEMORY TX OPTION REASON FOR ERROR E-1) HANG UP OR LINE FAIL E-3) NO ANSWER State of North Carolina Department of Environment apd Natural Resources Wilmington Regional Office James B. Hunt, Jr., Governor Bfll Holman, Secretary Division of Water Quality TTI NCDENR WIRO ADDRESS (GROUP) RESULT PAGE ----------- ------------------------------------------ 9-3439604 OK P. 4/4 April 14, 2000 E-2) BUSY E-4) NO FACSIMILE CONNECTION Aft%E� NCDENR EWRONMEW AMU NffUMI. W-SCUFMM Mr. Edwin L, Burnett Pointe Associates, LLC 3950 Old Bridge Road Sauthport,'NC 28461 Subject; Permit No. SW8 000204 Village Green Townhouses and Glen Cove Subdivision Low Density Subdivision Stormwater Permit Brunswick County Dear Mr. Burnett: The Wilm�ngton Regional Office received a complete Storrawater Management Permit Application for Village Green To*houses and Glen Cove Subdivision on April 13, 2000. Staff review ofthe plans and specifications has determiaed that the project, as proposed, will comply with the Stormwater Regulations set forth in Title 15ANCAC 2H.1000. We are forwarding Permit No. SW8 000204, dated April 14, 2000, for the construction of the project Village Green Townhouses and Glen Cove Subdivision. This permit shall be effective from the data of issuance until rescinded and shall be subject to the conditions and limitations as specified therein, and does not supercede any other agency permit that may be require& if any parts, requirements, or ]imitations contained in this permit are unacceptable, you have the right to request an OF WATF'4 Michael F. Easley, Governor O� QWilliam G. Ross Jr. Secretary G v North Carolina Department of Environment and Natural �esources CO >' Alan W. Klimek, P.E.,Director p •C Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality August 7, 2003 Mr. Edwin L. Burnett, Managing Member Pointe Associates, LLC 3950 Old Bridge Road Southport, NC 28461 REQUEST FOR RECORDED DEED RESTRICTIONS Village Green Townhouses and Glen Cove Subdivision Stormwater Project No. SW8 000204 Brunswick County Dear Mr. Burnett: On April 14, 2000, the Wilmington Regional Office issued a stormwater management permit to you for Village Green Townhouses and Glen Cove Subdivision. Per the requirements of the permit, the deed restrictions must be recorded prior to selling any lots, and a copy of the recorded deed restrictions must be forwarded within 30 days of the date of recording. A review of our files indicates that, as of this date; a copy of the recorded deed restrictions has not been received in this Office. Failure to record and/or provide a copy of the recorded deed restrictions prior to selling lots is a violation of your permit, and subject to enforcement action. Please forward a copy of the recorded deed restrictions to this Office at the address below by September 7, 2003, or enforcement action may be initiated and may include recommendations for civil penalties and/or rescinding of the permit. If you have any questions, please do not hesitate to call me at (910) 395-3900. Sincerely, Linda Lewis Environmental Engineer RSS/arl: S:\WQS\STORMWAT\DEEDREST\000204.aug03 cc: Town of Southport Building Inspections Wilmington Regional Office N. C. 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