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HomeMy WebLinkAboutSW6140202_HISTORICAL FILE_20140311STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS HISTORICAL FILE 111❑�� COMPLIANCE EVALUATION INSPECTION DOC DATELD3/� YYYYMMDD 'EID LECS GEES: J�ft, tj rr '�mo 21 20-16 14 4 0 P. 02 , - I L 0 ? - , (I"Nsi, �, ! � f i:. *' J]I�Mlj 'epartment of The Secretary of State 'Co all NvIloni (liese Presents shall come, G'reelirigs: A, ELMNE, F. INUNRSDALL, Secretary of Statc of the State of NOT111 Carolina, do ber0y certify the follov.,int, and hereto atuiched to be a true Copy of ;N-wric j,rs OF ORGANIZATION BREEZEWOOD OFFAYE-TTEVILLE, LLC the original of which was filed in this office on the 20th day of'Jamiary, 2004. MAR 1 1 2C-14 IINT WITNESS WHEREOF,`I bive hereunto set my hand surd arlixe(I niv official seal at the City of Rsiciol, his 20th day of January, 2004 Secretary of State. Doeumontld: CM40050019 2 fEID LE,.hIS D E E S E HANG[ Fax a'10 s3ZiA!0 Se 27 "M6 1::•.0 F.Q8 )Tate, Filed:.1120t200J 9:41:00 AM Elaine .F.Marshall : ;North Carolina Sure.tary of State C20040051101 9:. State of North Carolina Depu-tntent of tite Secretar}• of State, LIMITED L(AI3iLITV COMPANY ARTICLES OF ORGANIZATION Pursuant to y57C-2-20 of the General Stands of North Carolina, the undersigned do hereby submit these ,articles Of Organization for (lift purpose of forming a liniited liability company. 1. The name, of the limited liability comp nay is: Li)'tEEZEWOOD OF FAYETTEVILLE, L: LC: 2. The latest hate on which the limited liability crtmpany' is to dissolve is Decetnber3l, 2053. 3. The. name and address of each organizer executing these articles (if_ organization`is -as follows: Rebecca F. Person Post OWice Drawer 1358 Fayetteville, NC 28302-1358 I. The street address andcantty of initial rcgisu.ted office of the limited li0biliu♦ company i 559ExecutivePhtce,Suite 10I, Fopetieyil)e, C:umbcrlanrl (;minty; iNorthCarolita 2$305 5. The mailing address of the initial registerede ' office is: 559 EseentivPlace, Sitite 101. Fayetteville, North Carolina 2830-5 'fife nturte of the initial registcred agent is t4atson.G. Caginess Cheek one Of the following Y {i) Member -managed LLC: all of the members by virtue of their_suuus as. members shall be inanagets of this limited liability company Manager -managed L,LC : except a< piovidel by N.C.C.S. §57C-3-20(a), the members of this limited liability company shall not .be managers by virtue^ of their status as members, a. To the fullest extant permitted by applicable law, as it now exists Or May'hereatter be amended, the limited liability company shall indemniiv all members and mongers of the limited iiatiiloycompany agsinstail liability andittoluding; lint 1101 limited to, rca-eonnhle. 1110171e}•.5 fees. arising out of (heir status ai s.rclt or their activities in the foregoing capacity. re;artless of vhen sucJt st8tits exists or activity occLin n-r or trot they arz members or manager's of the limited liability company al the time such indemnification is sought or obtained. Without FMitingIII" gencrrtlityottheforceoinaindemnity. such persoOsmayalsorecover. froth the limited liability Company all reasonable cost,, expenses and atlorncv's fees io connection REID LEWIS HESE NPXE F'a,:9iti13326,40 S�;t'2% 20R5 a:np P�pa with dieenforcement of rights to nldemnificatipn.granted herein. 'Gte,provisions of lus Paragraph are in acid tion to and not in limitation of the power of the limited lirshilitycompany with respect to, and the rights of any mnnager or mc;tnber oftlic limited liabilitycompany to receive, the benafm of my other or further indemnification. insurance. limirntiait otliahility or the right orrtenefit which either-requireci by Tire North Carolina Uinited T,.iabihty Company Act or permitted thereby and. duly adopted by the limited liability company in accordance therewith. 9. TO tite fullest emcnt periniued by applicable law. as it now exists or may hereafter be. amended, no is em6er or tnanttger of the limiter] liability company shnfl have am' personal IhibiIity an in_} Out of any action, whereby or in die dfilit of the limited liability company or otherwise, for monetaz dnma ec for breach of his or her duly as a ntanager-ormcmbar. This paragraph shall not impair auy right to receive indcmnity or insurance front the liniil.Od liability company or any third' Pam, which tiny member or managct' may now or hereafter have. Any repeal ofmodi f9crnionpribis; Paragraph shall not impair or otherwise adt'erse(y affect any limitation on, or elimination of, the Personal lizib i 1 i t v oi'a member or ma nae cr e ffhcted hereby wi th; cspect to acts or,nm ission s vCeulTi(:c Prior to such repeal or modification. 10'these articles will be effective upon ding. rli This dte c>2 / say ut vtcarrtru Rebecca 1=: I'e.rsnn, ncganizer TY;, of him .V*mc mut ralr F'.tDA'1'A\LI7_1CUfe.F`,t:ret:ztvo(1 u'pd February 3, 2014 Mr. Mike Randall State of North Carolina Department of Environment and Natural Resources Division of Water Quality Wetlands and Stormwater Branch 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Re: Stormwater Permit Application Bedford Subdivision Phase 1 Hoke County Mr. Randall, ENGINEERS PLANNERS SURVEYORS - MOORMAN, KIZER & REIIZEL, INC. 115 Broadfoot Ave. P.O. Box 53774 Fayetteville, NC 28305 (910)484-5191 Fax:(910) 484 0388 www.mknnc.mm Enclosed please find the Stormwater Permit Application package for the above referenced residential subdivision. Included in the submittal are the following: • The original executed application (SWU-101) and one copy. • The original executed Deed Restriction Document (DRPC-3, Rev. 2) and one copy. • The original Supplement Form for the Wet Detention Basin. • The original executed Operation & Maintenance Agreement for the Wet Detention Basin. • A check, payable to NCDENR, in the amount of $505.00 for the application fee. ■ A detailed Narrative of Design including Storm drainage & Wet Detention Basin Calculations. ■ A copy of the USGS Quadrangle Map with the site highlighted. • Two sets of Construction Drawings • A copy of the Soil Report (Building & Earth) including Seasonal High Water Table elevation information. • A copy of the current deed for the property. • One copy each of the Articles of Incorporation for Breezewood of Fayetteville, LLC Please let me know if you need any additional information, or if you have any questions or comments. My telephone number is (910)484-5191, and my email address is ikizerir(cDmkrinc.com. Respectfully submitted, MAR 1 1 2014 James M. Kizer, Jr., PE MOORM^ KIZER & REITZEL, INC. 115 Broadfoot Avenue Post Office Box 53774 Fayetteville, North Carolina 28305 Telephone (910)484-5191 www.;nkrinc.com FEB n , 20174 _ _RORT`B&AG!-9— M�iK f 'rY? � ?• r4 f� r � 63MkaAF�`� °(ic ��/�, _(� xQ =� lull-�P � I 1 0HO W N�,� 4 14a is r 5 EL it,, f I .�`-- 06TP?IYJ� ! BEDFORD fT SECTION ONE PUPPY Lj CREEK R h �� U.S. HWY. 401 - FAYETTEVILLE ROADco n Um4 4 gn a= 0R CA 0731 0173 Hakes County 00-1<7006 NORTH CAROLINA Real Fdne E.!e Tex $12no.00 BK O0731 PG:0173 FILED T"' HOKE COUNTY ONNIE DUDLEY REGISTER OF DEEDS FILED Sep 14, 2006 AT 04:35:32 pm BOOK 00731 START PAGE 0173 END PAGE 0175 INSTRUMENT # 06828 NORTH CAROLINA GENERAL WARRANTY DEED Excise Tax S J.Too.00 RLDNP File 06R&367 Parcel Identifier No.494660001027 and 49466000I028 Prepared by/Return to: Rebecca F. Person, P.O. Drawer 1358, Fayetteville, NC 28302 This Deed made this the 11ih day of September, 2006 by and between: GRANTOR LOUISE DALE P. BOYER and husband ALLEN N. BOYER, JR. GRANTEE BREEZEWOOD OF FAYETTEVILLE, LLC, a North Carolina limited liability company Mailing Address: , iaa I ' 2818 Raeford Road, Suite 300 Fayetteville, NC 28303 Enter in appropriate block for each party: name, address, and, if appropriate, character of entity, e.g., corporation or partnership The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WfrNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel ofland situated in McLauchlin Township, Hoke County, North Carolina and more particularly described as follows: SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE. 0731 0174 BK:00731 PG:0174 A map showing the above described property is recorded in Plat Book 3, Page 34, Cumberland County, North Carolina, Registry. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized ofthe premises in fee simple, has the right to convey the same in fee simple, that title is marketable and Gee and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: utility easements, permits, and rights of way as the same may appear of record IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate, has caused this instrument to be signed in its corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of its Board of Directors, effective the day and year first above written. cif Q.C.. � l,J.�,,.aJ (SEAL) vise Dale P. Boyer NORTH CAROLINA CUMBERLAND COUNTY (SEAL) Allen N. Boyer, r. rt--m----.a.,.,..._.....-!----..._ I certify that the following person(s) personally appeared before me this day and I have personal knowledge of the identity of the principal(s) or have seen satisfactory evidence of the principal's identity, by a current state or federal identification with the principal's photograph in the form of a driver's license or a credible witness has swom to the identity of the principal(s); each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Name of Principal: t.owlse bats 0. fiver aAd A11e4 N. 6vyer Date: 9 _ t r+-o V �• �• • • _ _ . Notary Pubtic My commission expires: 7 _ 1 4 — 01f 0731 0175 BK:00731 PG:0175 EXHIBIT A LYING AND BEING in McLauchlin Township, Hoke County, as follows: Situate, lying and being on the north side of U.S. Highway No. 401 leading from Fayetteville to Raeford, about 8 miles east from Raeford and BEGINNING at a stake, a pump pipe or point, in the northern margin of said Highway 401, said stake being the southwest comer of that 95.04 acre tract of land of which this was originally a part conveyed to Ercel L. Cole by deed recorded in Book 120, Page 356, of the Hoke County Registry; said stake also being North 87 degrees 24 minutes West 1010.51 feet from a concrete monument located at the point where the Old Longstreet Church Road intersects with said Highway No. 401, and was thence with the Johnson line and the western line of the original tract of which this is a part the following courses and distances North 4 degrees 11 minutes East 234.70 feet to a stake, a buggy axle with hub; thence North 3 degrees 30 minutes East 683.38 feet to a flat iron stake; thence North 3 degrees 35 minutes East 219.05 feet to an iron pipe; stake; thence a new line South 86 degrees 25 minutes East 623.92 feet to another von pipe stake; thence another new fine South 2 degrees 37 minutes West 1127.2 feet to an 'von stake pipe in the northern margin of said U.S. Highway No. 401; thence with the northern margin of said Highway North 87 degrees 24 minutes West 641.2 feet to the BEGINNING comer, the same containing 16 acres,. more or less, and being a part of that tract of land conveyed to said Ercel L. Cole by deed recorded in Book 120, Page 355 of the Hoke County Registry. 1059 0771 Certificate of Approval tot Recording I hereby certify that this transaction hereon has been found to comply with the Subdivision Regulations of the County of Hoke, North Carolina, and that this has been approved for recording in the Office o} the Re star of eels of Hoke County. BK:01059 PG:0771 FILED HOKE COUNTY NC CAMILLE HURST REQICT FILED Nov 01, 2013 TIME 01:09:25 PM BOOK 01059 START PAGE 0771 END PAGE 0779 INSTRUMENT # 07502 RECORDING $26.00 EXCISE TAX Ni- $802.00 NORTH CAROLINA SPECIAL WARRANTY DEED Parcel Identifier No. Portion of 4-9466-00-01-029 Verified by Countyon the _ day of , 20_ Mail/Box to: Reaves Law PLLC PO Box 53187 Fayetteville NC 28305 This instrument was prepared by: L. Holden Reaves, Esq. [Title Insurance with Charter Title, Fayetteville, NCl Brief description for the Index: 20.04 Acres/ Raeford Road/ Hwy 401/ Redford THIS DEED made this LIP day of October,20 [, by and between Great Oaks Property Holdings, LLC, a North Carolina limited company, and Pelican Property Holdings, LLC, a North Carolina limited liability company, as equal tenants in common, collectively owning a 100% interest 238 N. McPherson Church Road Fayetteville, NC 28303 LURA"Im? Breezewood of Fayetteville, LLC, a North Carolina limited liability company 639 Executive Place, Suite 400 Fayetteville, NC 28305 Enter in appropriate block for each parry: name, address, and, if appropriate, character of entity, e.g. corporation or partnership. The designation Grantor and Grantee as used herein shall include said panics, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. W ITNESSE'fH, that the Grantor, fora valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in Hoke County, North Carolina and more particularly described as follows: See Exhibit A attached hereto and incorporated herein by reference. The property hereinabove described was acquired by Grantor by instrument recorded in Book 982..Paee 42r i1bCCALUW NC Bar Association Form No. 6 C 1977, 2002 p�� Printed by Agreement with the NC Bar Association - 1981 �Iwt3t �.... 1059 ' BK:01059 PG:0772 07TMproperty herein conveyed does not include the primary residence of Grantor. A map showing the above described property is recorded in [See legal description for plat reference- if anvl. TO HAVE. AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor has done nothing to impair such title as Grantor received, and Grantor will warrant and defend the title against the lawful claims of all persons claiming by, under or through Grantor, other than the following exceptions: all easements, restrictions, covenants and conditions of record, if any, and taxes which are not yet due and payable —see also Exhibit B attached for additional reservation of easements and use restrictions. IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above written. ISee Signature and Notary Addendum Attached Heretol By: Title: By: (gNa Title: I State of - County of I, the undersigned Notary Public of the County and State aforesaid, certify that personally appeared before me this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed. Witness my hand and Notarial stamp or seal this _ day of , 20. My Commission Expires: Notary Public State of - County of I, the undersigned Notary Public of the County and State aforesaid, certify that personally came before me this day and acknowledged that he is the of. a North Carolina corporatioMimited liability company/general partnership/limited parmership(strike through the inapplicable), and that by authority duly given and as the act of such entity, he signed the foregoing instrument in its name on its behalf as its act and deed. Witness my hand and Notarial stamp or seal, this _ day of _, 20_ My Commission Expires: Notary Public State of North Carolina - County of I, the undersigned Notary Public of the County and State aforesaid, certify that . Witness my hand and Notarial stamp or seal, thisday My Commission Expires: Notary Public The foregoing Cettificate(s) of is/am certified to be correct. This instrument and this certificate are duly registered at the date and time and in the Book and Page shown on the first page hereof. Register of Deeds for County By:_ Deputy/Assistant - Register of Deeds NC Bar Association Form No. 6 m 1977, 2002 Printed by Agreement with the NC Bar Association - 1981 1059 , 0773 SIGNATURE AND NOTARY ADDENDUM TO BK:01059 PG:0773 NORTH CAROLINA SPECIAL WARRANTY DEED [Page I of 21 OWNER: Great Oaks Property Holding , LC By: (SEAL) (Dayrd B. F'razell , as T stee of the Non-GST Trust for Sharlene R. Williams u/a/d April 3, 2012, its sole Member/Manager STATE OF NORTH CAROLINA COUNTY OF CUMBERLAND I certify that the following person personally appeared before me this day, acknowledging to me that he signed the foregoing document for the purpose stated therein and in the capacity indicated: David B. Frazelle, in his capacity as Trustee of the Non - Date: /o,%f/- /% Official Signature of Notary:_ Notary's Printed Name: LC • 1 ` z ' // 0-f • I f My commission expires: .,, 1 !f [Affix Notary Seal or Stamp] i- * rt�,tyon NC Bar Association Form No. 6 O 1977, 2002 Printed by Agreement with the NC Bar Association - 1981 0774 SIGNATURE AND NOTARY ADDENDUM TO BK:01059 PG:0774 0774 NORTH CAROLINA SPECIAL WARRANTY DEED [Page 2 of 2] GRANTOR: Pelican Property Holdings, LLC By, 01 ._Su-p—(6rt�ArbY Sharlene R. Williams, its sole Member/ Manager STATE OF NORTH CAROLINA COUNTY OF CUMBERLAND I certify that the following person personally appeared before me this day, acknowledging to me that she signed the document for the purpose stated therein and in the capacity indicated: Sharlene R. Williams. in her capacity as sole Manager of Pelican Property Holdings, LLC, a North Carolina limited liability comMrrv. Date: Ofcial Signature of Notary: ^ V/ Notary's Printed Name: My commission expires:2:sf [Affix Notary Seal or Stamp] NC Bar Association Form No. 6 C 1977, 2002 Printed by Agreement with the NC Bar Association - 1981 1059 0775 EXHIBIT A BK:01059 PG:0775 Legal Description 20.04 Acre Tract 1 st Purchase - Portion of D.B. 982, Page 496 (166.45 acre tract) To reach the Point of Beginning proceed from a point where the eastern line of the tract recorded in Deed Book 982, Page 496 (166.45 acre tract), Hoke County, North Carolina Registry, of which this is a part, intersects the northern right-of-way margin of US 401 and run with said eastern line North 00 degrees 05 minutes 39 seconds West, 443.39 feet to a point in the approximate center of the wetlands, the POINT OF BEGINNING of the following described tract; thence leaving the property line and running with the approximate center of the wetlands the following courses and distances; South 62 degrees 35 minutes 00 seconds West, 100.00 feet to a point; North 85 degrees 03 minutes 29 seconds West, 211.06 feet to a point; North 72 degrees 58 minutes 33 seconds West, 19.22 feet to a point; South 79 degrees 06 minutes 00 seconds West, 30.00 feet to a point; North 81 degrees 00 minutes 00 seconds West, 62.00 feet to a point; South 70 degrees 40 minutes 00 seconds West, 130.00 feet to a point; South 46 degrees 00 minutes 00 seconds West, 40.00 feet to a point; South 63 degrees 40 minutes 00 seconds West, 120.00 feet to a point; North 82 degrees 00 minutes 00 seconds West, 50.00 feet to a point; South 54 degrees 42 minutes 14 seconds West, 213.15 feet to a point; South 45 degrees 12 minutes 36 seconds West, 169.39 feet to a point; South 00 degrees 00 minutes 00 seconds East, 172.67 feet to a point in the northern right-of-way margin of U.S. 401; thence with said right-of-way margin South 82 degrees 29 minutes 36 seconds West, 496.69 feet to a point; thence leaving the right-of-way of U.S. 401 and running North 07 degrees 00 minutes 00 seconds West, 130.70 feet to a point; thence with the wetlands line (upper wetlands line) the following courses and distances; North 20 degrees 54 minutes 33 seconds East, 39.12 feet to a point; South 81 degrees 10 minutes 30 seconds East, 65.65 feet to a point; North 67 degrees 00 minutes 39 seconds East, 46.37 feet to a point; South 77 degrees 03 minutes 08 seconds East, 57.03 feet to a point; North 10 degrees 53 minutes 46 seconds East, 18.09 feet to a point; North 08 degrees 30 minutes 38 seconds West, 42.99 feet to a point; North 00 degrees 16 minutes 19 seconds East, 37.51 feet to a point; North 23 degrees 48 minutes 00 seconds West, 45.54 feet to a point; North 39 degrees 44 minutes 15 seconds West, 52.19feet to a point; North 35 degrees 16 minutes 42 seconds West, 52.00 feet to a point; South 63 degrees 58 minutes 59 seconds West, 43.53 feet to a point; NC Bar Association Form No. 6 ® 1977, 2002 Printed by Agreement with the NC Bar Association - 1981 0059 776 North 79 degrees 38 minutes 18 seconds West, 42.78 feet to a point; 0776 North 82 degrees 05 minutes 50 seconds West, 50.45 feet to a point; North 40 degrees 04 minutes 08 seconds West, 52.53 feet to a point; North 29 degrees 39 minutes 45 seconds West, 55.75 feet to a point; North 50 degrees 14 minutes 49 seconds West, 36.60 feet to a point; North 01 degrees 24 minutes 01 seconds West, 25.18 feet to a point; North 28 degrees 52 minutes 24 seconds West, 52.92 feet to a point; North 26 degrees 41 minutes 24 seconds West, 51.29 feet to a point; North 06 degrees 01 minutes 26 seconds West, 64.73 feet to a point; North 25 degrees 52 minutes 50 seconds West, 47.92 feet to a point; North 59 degrees 42 minutes 39 seconds East, 38.97 feel to a point; South 80 degrees 10 minutes 46 seconds East, 70.43 feet to a point; South 76 degrees 19 minutes 01 seconds East, 49.53 feet to a point; South 58 degrees 35 minutes 10 seconds East, 55.39 feet to a point; South 80 degrees 49 minutes 23 seconds East, 40.02 feet to a point; North 86 degrees 36 minutes 05 seconds East, 58.93 feel to a point; North 27 degrees 31 minutes 16 seconds East, 34.35 feet to a point; North 58 degrees 28 minutes 00 seconds East, 34.34 feet to a point; North 31 degrees 45 minutes 37 seconds East, 58.11 feet to a point; North 20 degrees 03 minutes 39 seconds Fast, 33.90 feet to a point; North 77 degrees 35 minutes 14 seconds East, 27.85 feet to a point; North 32 degrees 47 minutes 38 seconds East, 55.77 feet to a point; North 58 degrees 43 minutes 01 seconds East, 57.51 feet to a point; South 84 degrees 42 minutes 26 seconds East, 40.63 feet to a point; North 55 degrees 40 minutes 27 seconds East, 61.16 feet to a point; North 59 degrees 50 minutes 32 seconds East, 80.24 feet to a point; North 68 degrees 09 minutes 06 seconds East, 53.82 feet to a point; North 58 degrees 19 minutes 51 seconds East, 34.36 feet to a point; North 35 degrees 10 minutes 41 seconds West, 38.58 feet to a point; North 39 degrees 49 minutes 49 seconds East, 52.26 feet to a point; BK:01059 PG:0776 thence leaving the wetlands line and running South 63 degrees 24 minutes 16 seconds East, 148.74 feet to a point; thence South 44 degrees 47 minutes 25 seconds East, 52.19 feet to a point; thence with a curve to the right on a radius of 25.00 feet an arc distance of 29.68 feet (chord North 64 degrees 21 minutes 03 seconds East, 27.97 feet) to a point; thence South 84 degrees 21 minutes 39 seconds East, 24.22 feet to a point; thence South 02 degrees 55 minutes 04 seconds West, 137.20 feet to a point; thence North 80 degrees 30 minutes 13 seconds East, 64.56 feet to a point; thence North 72 degrees 31 minutes 26 seconds East, 166.85 feet to a point; thence North 80 degrees 1 I minutes 00 seconds East, 173.64 feet to a point; NC Bar Association Form No. 6 ® 1977, 2002 Printed by Agreement with the NC Bar Association - 1981 i ce North 86 degrees 15 minutes 08 seconds East, 81.75 feet to a point; BK:01059 PG:0777 04 thence North 81 degrees 56 minutes 43 seconds East, 74.99 feet to a point; thence North 74 degrees 31 minutes 12 seconds East, 74.99 feet to a point; thence North 67 degrees 05 minutes 41 seconds East, 74.99 feet to a point; thence North 63 degrees 15 minutes 25 seconds East, 90.05 feet to a point in the eastern line of the tract of which this is a part; thence with said eastern line the following 2 calls; South 00 degrees 43 minutes 34 seconds West, 108.91 feet to an existing iron stake; South 00 degrees 05 minutes 39 seconds East, 314.09 feet to the POINT OF BEGINNING. Containing 20.04 acres, more or less. And being a portion of the tract conveyed to Pelican Property Holdings, LLC and Great Oaks Property Holdings, LLC as recorded in Deed Book 982, Page 496 (166.45 acre tract), I Joke County, North Carolina Registry. The bearings on the above described tract are based on N.C. Grid (Nad 83). Prepared by Moorman, Kizer & Reitzel, Inc., Fayetteville, North Carolina. NC Bar Association Form No. 6 ® 1977, 2002 Printed by Agreement with the NC Bar Association - 1981 f069 EXHIBITB BK:01059 PG:0778 0778 [Additional Easements and Use Restrictions] The 20.04 acres, more or less, as specifically described in Exhibit A of this Special Warranty Deed (the "Property"), is conveyed subject to the following: The Property is hereby restricted to single family residential use only; 2. Grantor expressly reserves the right to reasonably approve the restrictive covenants for the proposed Bedford subdivision to be located upon the Property, either partly or in whole (and as a condition of such reasonable approval, Grantor reserves the right to be affirmatively vested therein with declarant rights to annex any of Grantor's contiguous remaining property into the covenant scheme (said contiguous remaining property being defined to mean the remaining portion of that 163.78 +/- parcel of land having Hoke County parcel number 4-9466-00-01-029 (the "Grantor's Remaining Property)), if Grantor so chooses); also, if Grantee decides to materially change its residential product (by changing its construction materials and/ or design and/ or price points) from what Grantee (or its builders) build in initial phasing of the proposed Bedford subdivision, then Grantor shall have the right to reasonably approve any such change; 3. Grantor hereby reserves non-exclusive easement rights for ingress, egress, and regress, as well as for utilities and drainage, across the Property conveyed hereby (and Grantee hereby conveys, as a condition of Grantee's acceptance of this Special Warranty Deed, identical easement rights across any contiguous property owned by Grantee, which Grantee intends to develop for residential and/ or commercial use), in the locations engineered and/ or developed for such purpose(s) within the proposed Bedford subdivision, so as to benefit Grantor's Remaining Property for its maximum future development, said easement rights to automatically expire upon Grantee (i) constructing subdivision roads (but only when such roads are adequately stubbed to the boundary line of Grantor's Remaining Property and dedicated and accepted by NCDOT or other governmental agency as public rights -of - way), and (ii) constructing adequate utility and drainage infrastructure within the proposed subdivision (but only when such utility and drainage infrastructure is adequately stubbed to the boundary of Grantor's Remaining Property for Grantor's adequate future and public use (also, it is noted that such easement rights shall additionally include the right (but not the obligation) of Grantor to construct any unfinished portions of any such subdivision roads and adequate utility and drainage infrastructure, so as to benefit Grantor's Remaining Property, if Grantee fails to do same, upon six (6) months prior notice to Grantee); additionally, Grantor reserves specific non-exclusive easement rights for vehicular and pedestrian ingress, egress, and regress across all roadways constructed by Grantee on the Property (and Grantee hereby conveys, as a condition of Grantee's acceptance of this Special Warranty Deed, identical easement rights across any contiguous property owned by Grantee) until such time as such roadways are dedicated and accepted by NCDOT or other governmental agency, such that they may be freely used by Grantor; 4. Grantee hereby conveys, as a condition of Grantee's acceptance of this Special Warranty Deed, a non- exclusive easement of vehicular and pedestrian ingress, egress, and regress, as well as an easement for utilities and signage, across the portion of Grantee's property that is currently zoned "HC" for commercial use, and that is located to the west of the proposed entrance road into the proposed Bedford subdivision, for the benefit of the portion of Grantor's Remaining Property that is also NC Bar Association Form No. 6 O 1977, 2002 Printed by Agreement with the NC Bar Association - 1981 BK:01059 PG:0779 1059 , Currently zoned "HC" for commercial use. Grantor and Grantee agree to work together in good faith 0779 to specify adequate locations on the ground for such easements conveyed hereby, such that both Grantor's and Grantee's commercial parcels can be developed to their maximum commercial use, if so intended; All rights and easements contained in this Exhibit B are intended to run with title to the Property and Grantor's Remaining Land, respectively. The rights and obligations set forth herein shall apply to the Grantor, Grantee, and their respective successors in interest and/ or successors in title, as the case may be; 6. The Grantor parties hereby release the Property conveyed hereby from their respective rights of first refusal (and any other rights), as set forth in that certain Memorandum of Agreement Between Tenants In Common, entered into by and between the Grantor parties, recorded in Book 982, Page 499, Hoke County, North Carolina Registry. NC Bar Association Form No. 6 O 1977, 2002 Printed by Agreement with the NC Bar Association - 1981