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Home My WebLink AboutSW3191101_Drainage Easement 2_20231122 BK 2919 PG 448 - 453 ( 6 ) DOC 610651 This Document eRecorded : 06/ 18/2020 08032053 AM Fee : $ 26 . 00 DocType : ESMT & PLAT Tax : $ 0 . 00 L incoln County , North Carolina Danny R . Hester , Register of Deeds STATE OF NORTH CARO INA AMENDMENT OF DRAINA GE COUNTY OF INCO N EASEMENT THIS AMENDMENT OF DRAINAGE EASEMENT (this "Amendment") , dated March I 1 , 2020, is executed by BBC CAMBRIDGE LLC, a North Carolina limited liability company ("BBC ") ; and CAMBRIDG -D NV R9 C . a North Carolina limited liability company (" Cambridge" ) . RECITALS A . Pursuant to a Drainage Easement dated December 22 , 2016 and recorded in Book 2636 at Page 395 i" n the Lincoln County Public Registry (the "Easement") , GLM Holdings, LLC ,, a North Carolina limited liability company (" G M"), granted to Cecil M . OFF Dellinger,, Jr. and Doris D . Keever, individual residents of North Carolina ("Dellinger") , a temporary construction easement and a permanent drainage easement over the southeast portion of certain real prope rty owned by GLM which is more particularly described I'pn the Easement (the " Cambridge Parcel for the benefit of certain real property owned by Dellinger, which also is more particularly described in the Easement (the "Dellinger Parcel") . Any capitalized term that i s used but not defined in this Amendment shall have the meaning provided in the Easement. B . BBC i* s now the record owner of Lots 1 and 2 , as shown on that plat entitled " 1W Minor Subdivision for Cecil M . Dellinger, Jr. , Deborah L . Dellinger, oris D . Keever, PIN 4602 -74- 1002 & 4602-64-9495 "',, recorded i* n Plat Book 17,, Page 437, Lincoln County Registry (collectively, the "BBC Property") . The BBC Property is a portion o e Dellinger Parcel and is adjacent to the Cambridge Parcel . Cambridge is now the record owner of the Cambridge Parcel . C . In connection with the design and peuln g of a proposed multi-family residential development on the BBC Property, the BMP Pond (as defined in the Easement) must be enlarged beyond the size anticlpated at the time of execution of the Easement, which will require an ID increase Recording Requested leg : PREPARED BY AND, AFTER RECORDING, MAIL TO : FNTG-NCS Colorado Robinson, Bradshaw & Hinson, P.A. N002F 1763 // RA 1 9002743 Attention : Brent A. Torstrick 101 N. Tryon Street, Site 1900 Charlotte, NC 28246 submitted electronically by " FNTIC - NCS Colorado Downtown " in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the Lincoln County Register of Deeds . BK 2919 PG 449 DOC# 610651 in the size of the B MP Area (as defined in the Easement) . The parties are executing this Amendment to reflect the expanded boundaries of the BMP Area. STATEMENT OF AMENDMENT NOW THEREFORE, in consideration of the premises and for the purposes set forth above, and for other good and valuable consideration, the rece ipt and suffic iency of wh i ch are acknowledged,, BBC and Cambri dge agree, for themselves and their respective successors and assigns, as follows : 1 . Expansion of BMP, Area . The Easement is amended so that any reference to the `BMP Area" in the Easement shall be deemed a reference to the real property identified as such on Exhibit Al attached to this Amendment, which includes the area identified as "Drainage Line Area" on Exhibit A. 2 . Ratification . Except as expressly amended by this Amendment, the Easement shall continue in full force and effecti'pn accordance with its terms, and i* s ratified by the parties. 3 . Counterparts . This Amendment may be executed in multiple counterparts, each of which shall be deemed to be an original, but all of which taken together shall constitute one and the same instrument. [signatures begin onfolitowingpagel i 2 72600529.3 BK 2919 PG 450 DOC# 610651 IN WITNESS WHEREOF, BBC and Cambridge have executed this Amendment as of the day and year first above written. BBC CAMBRID , LL a North Carol ' aimle iaii- 7com y By : Name4aKgan Mahoney Title : Manager STATE OF NORTH CAROLINA COUNTY OF I, M kn �bb ,%a Notary Public for said County and State, do hereby certify that Brian Mahoney, th e Manag er of BBC Cambridge, LLC , a North Carolina limited 11' abillty -m-- Pcoany, personally appeared before me this day and acknowledged the due execution of the foregoing instrument on behalf of the company, i n its capacity as aforesaid. Witness my hand and official stamp or seal, this � � day of March, 2020 . My Commission Expires : Notary Public tou .�A [Notary Seal] Lpkky\ VXGff )I Ch Notary ' s printed or ped name LEE.*ANN RANDOLPH Notary Public - North Carolina Lincoln County My Commission Expires Nov 18 , 2023 [signatures continued) 1 3 726005293 BK 2919 PG 451 DOC# 610651 Cambridge-Denver, LLC , a North Carolina Ii* mited liability company By : �•c� Name : ifohn J. I nester Jr. Title : Manager STATE OF NORTH CAROLINA COUNTY OF MECKLENBLJRG I, Meredith L . Richmond, a Notary Public for said County and State., do hereby certify that John J. Pn* ester Jr. , the Manager of Cambridge-Denver, LLC , a North Carolina limited liability company, personall y appeared before me this day and acknowledged the due execution of the foregoing instrument on behalf of the company,, in its capacity as aforesaid. W 00 itness my hand and official stamp or seal, this � day of May , 2020 . My Commission Expires : Notary Public [Notary Seal] lV� I low � Notary ' s printed or typed name L /? o � N0 TARy o = L I C R G COV��`�� i 4 72600529.3 BK 2919 PG 452 DOC# 610651 EXHIBIT A DRAWINGS OWING EXPANDED BMP AREA [to be attached] i 72600529.3 BK 2919 PG 453 DOC# 610651 EXHIBIT A TH.1.'S MAP 'MAY NOT BE A CERT1'.FJ'.ED S 'U'R'VEY AND 'H'AS NOT BEEN REVI'EWED BY A M 1ANC' E WITH AN 'Y APPLICABLE LAND LOCA. L GOV.ER.N.M .ENT. AGE..NCy. FOR CO PL 0'') 1111-1111 UL S il�TION AND HAS NOT 'BEEN R.EVIEWED FOR COMPLIANCE E ..E --.L JPM..E.1 �T E VF NTIS FOR W .. R..ECOR DI NG REQUIR.E. M.E. PLATS . I T. 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