HomeMy WebLinkAboutSWA000162_Historical File_20220928 v
v MCKJM&CREED LETTER OF TRANSMITTAL NSMITTAL
DELIVERED DATE: September 20,2022
TO: NCDEMLR PROJECT NO: 04245-0023 TASK NO: 40
127 Cardinal Drive Extension RE: Sidbury Station,Phase 2—Fast Track
Stormwater Resubmittal
Wilmington, NC 28405 V A 0 Q c) to),
ATTENTION: Kellie Norris TRANSMITTAL NO: 1 of 1 PAGE 1 OF 1
I
WE ARE SENDING: ® Originals ® Prints ❑ Shop Drawings ❑ Samples
❑ Specifications n Calculations n Other—
Quantity Drawing No. Rev. Description Status
2 Revised sheets from Stormwater Fast Track ATC Application G
2 Revised Site Plan G
1 CD with pdf's of revised documents G
Issue Status Code: A.Preliminary B. Fabrication Only C.For Information D.Bid
E. Construction F.For Review&Comments G.For Approval H.See Remarks
Action Status Code: 1. No Exceptions Taken 2.Make Corrections Noted 3. Other
4.Amend &Resubmit 5.Rejected-See Remarks
REMARKS:
tA
243 NORTH FRONT STREET,WILMINGTON,NC 28401(910)343-1048 FAX(910)251-8282
cc File,McKim&Creed,w/enc McKIM & CREED, Inc.
r 1
Signed
'chard A.Moo ,''PE
Regional Manager
•
v° M KIM&(REED ENGINEERS
SURVEYORS
PLANNERS
September 20,2022 M&C 00494-0039(40)
Ms.Kellie Norris, Environmental Engineer
North Carolina Department of Environmental Quality
127 Cardinal Drive Ext.
Wilmington, North Carolina 28405
RE: Request for Additional Information—
Stormwater ATC Project No. SWA 000162
Sidbury Station Phase 2
New Hanover County
Dear Ms.Norris:
This submittal is in response to comments received on September 13, 2022
regarding the application and submittal packages for the above referenced
project.
The comments below have not been edited and were retyped or cut and pasted
to the extent practical to ensure they accurately reflect the letter provided.
1. 15A NCAC 02H.1043(3)(a)(v) OR(vi): Please confirm the addresses listed
in Section D.1 of the application are consistent with the principal address
on file with the NC SOS's corporation database. If other addresses are
desired,please complete Section D.6 of the application.:
Response:Please find enclosed a copy of the revised application
showing the Corporate Headquarters address in Section D.1 and the
local D.R.Horton office added in Section D.6.
v/- 15A NCAC 02H.1043(3)(f):
A. Please provide dimensioned project or project phase boundary with
bearings and distances.
243 No;r n F + Street
Response:The Stormwater Project boundary has been dimensioned and
,,c. 2 8 4 0 is shown in the attached Site Plan.
B. Please identify the locations of surface waters,wetlands,and buffers on
the site plan or include a note that none exist. If surface waters are
9 1 0 4 3 1 0 4 8 present on the property,please delineate the 50-foot setback as
described in 15A NCAC 1003(4) and .1019(6)(b).
Fax 910.251.8282
mckimcraed.Lam
Ms. Kellie Norris
September 20,2022
Response:There are no wetlands or surface waters in the project area
that meet the definition provided in 15A NCAC .1019(6)(b). A note has
been added to the site plan.
C. Please provide a location map on the site plan with street names and
SR numbers to the nearest intersection,with 1,2,or 3-digit road
numbers,legend,and north arrow.This map is not required to be to
scale.
Response:A vicinity map has been added to the Site Plan.
J3. 15A NCAC 02H.1003(1)(c) and 15A NCAC 02H.1043(3)(f): In Section E.5
of the application,it is reported that 551,775 sf of surface waters are located
in the project area. However,no surface waters are noted on the plan nor
are any setbacks shown. Please clarify this discrepancy. Note: Proposed
ponds are not considered to be surface waters.
Response:There are no surface waters within the stormwater project
boundary. Section E.5 of the application has been revised and is attached
herein.
4. 15A NCAC 02H.1043(3): Please provide two hard copies and one
electronic copy of the revised items listed in the submittal requirements.
Response: Two(2)hard copies and a CD with electronic copies of the
revised documents is included herein.
If you have any questions,please do not hesitate to contact me at our office 910-
343-1048.
Sincerely,
so
McKim&Creed,Inc. �`� �;�': A ���SEAL
025503Q;
Richard A.Moore,PE --,, y ry 0.$:="
Regional Manager ''Z D►► "
Cc: File,04245-0023(40)
v MCKEM&CREED
ROY C
P'7#0,11
ELIZABETH S.BtSPR
Secretary
BRIAN WRENN NORTH CAROLINA.
Director
September 13th,2022
Via email only: IEFlannery(a),drhorton.com
D.R.Horton, Inc.
Attn:Libby Shelton,Vice-President
1341 Horton Circle
Arlington,Texas 76011
Subject: Request for Additional Information
Stormwater ATC Project No.WA 000162
Sidbury Station Phase 2
New Hanover County
Dear Ms. Shelton:
The Wilmington Regional Office received and accepted a State Stormwater Fast Track Process:"Authorization to
Construct"(ATC)Permit Application for the subject project on August 151,2022. A review of that information
has determined that the application is not complete and additional information is needed to determine whether the
project complies with 15A NCAC 02H.1043. To continue the review,please submit the following additional
information both in a single,hard copy package as well as electronically
1. 15A NCAC 02H.1043(3)(axv)OR(vi): Please confirm the addresses listed in Section D.1 of the
application are consistent with the principal address on file with the NC SOS's corporation database. If
other addresses are desired,please complete Section D.6 of the application.
2. 15A NCAC 02H.1043(3)(f)_
a Please provide dimensioned project or project phase boundary with bearings and distances.
b. Please identify the locations of surface waters,wetlands,and buffers on the site plan or include a
note that none exist. If surface waters are present on the property,please delineate the 50-foot
setback as described in 15A NCAC 1003(4)and.1019(6)(b).
c. Please provide a location map on the site plan with street names and SR numbers to the nearest
intersection,with 1,2,or 3-digit road numbers,legend,and north arrow. This map is not required
to be to scale.
3. 15A NCAC 02H.1003(1)(c)and 15A NCAC 02H.1043(3)(f): In Section E.5 of the application,it is
reported that 551,775 sf of surface waters are located in the project area However.no surface waters are
noted on the plan nor are any setbacks shown. Please clarify this discrepancy. Note: Proposed ponds
are not considered to be surface waters.
4. 15A NCAC 02H.1043(3): Please provide two hard copies and one electronic copy of the revised items
listed in the submittal requirements.
Please remember to confirm that any revised information is presented consistently throughout the application
documents. Please also remember to provide two hard copies and one electronic copy of any updated or
requested documents per 15A NCAC 02H.1043(3).
The requested information should be received in this Office by September 28th,2022,or the application will be
returned as incomplete. The return of a project will necessitate resubmission of all required items,including the
application fee. Please note that the Division is allowed 30 days from the receipt of a complete application to
issue the authorization to construct permit.
The construction of any impervious surfaces.other than a construction entrance under an approved Sedimentation
Erosion Control Plan,is a violation of NCGS 143-215.1 and is subject to enforcement action pursuant to NCGS
143-215.6A.
, North Cae a Department of EnvhonmentalQpidtty k Wrenn of Entew.WendendLandResources
Wilmingt on&Rion&Office1127 Cardbiat E rl*E*t rasion I .North CarOntia28405
'', 910.79b.7315
State Stormwater Permit No.SWA 000162
Page 2 of 2
Please reference the State assigned application number on all correspondence. If you have any questions
concerning this matter,please feel free to call me at(910)796-7215 or email me at kellie.norris@ncdenr.gov.
Sincerely,
1Ke Lte, Bet& Ne&vvi.A.
Kellie Beth Norris
Environmental Engineer
DES/kbn: \\\Stormwater\Permits&Projects\SWA Fast Track ATC\000162 ATC HD\2022 09 addinfo 000162
cc: Richard Moore,PE,McKim&Creed;via email RAMoore@mckimcreed.com
Wilmington Regional Office Stormwater Permit File
- • 4111 North Carol=D taee [of Er iron a QJ* lllty f nnsurrr of Emily, a1 and Land Mamma
Wdrotngton Rogiorwl OFHte 1127 Cardinal Drive Extension I Wrlminotgn.North caramel 28403
. 910.796.72155
Burd, Tina J
From: Burd,Tina J
Sent: Monday,August 15, 2022 2:38 PM
To: ieflannery@drhorton.com; majoraccountteam2@wolterskluwer.com;
rarnoore@mckimcreed.com
Subject: SWA 000162 - Sidbury Station Phase 2
The Wilmington Regional Office of the Division of Energy, Mineral and Land Resources (Stormwater Section)accepted
the Stormwater Fast Track Authorization to Construct Permit Application and$505.00 fee for the subject project on
August 15,2022. The project has been assigned to Kellie Beth Norris and you will be notified if additional information is
needed. Please be advised that the construction of built-upon area may not commence until the Stormwater
Authorization to Construct Permit is issued.
Best Regards,
Tina Burd
Administrative Associate II
910-796-7215
NCDEQ
Wilmington Regional Office
127 Cardinal Drive Ext.
Wilmington, NC_28405
r-ti•
s arldresS is sudiec!,r• r.,
may he;liscl'osev' . parife
Website: http://deci.nc.gov/about/divisions/energy-mineral-land-resources/stormwater
Based on the current guidance to minimize the spread of COVID-ig,the Department of Environmental Quality has adjusted
operations to protect the health and safety of the staff and public.Many employees are working remotely or are on staggered
shifts. To accommodate these staffing changes,all DEQoffice locations are limiting public access to appointments only. Please
check with the appropriate staff before visiting our offices,as we may be able to handle your requests by phone or email.We
appreciate your patience as we continue to serve the public during this challenging time.
1
Non-Transfer Application Completeness Review Checklist
Project Name: 2 it21 L)2`[ 5�A T o i iP4 a Date Delivered to WIRO 8 f I S 20Z
Z.
Project County/Location: f. G.a1 4 / 5-r y,- BIMS Received/Accepted Date: �}/ J 15 6 z 2
3r-4 sT TeA C_(c Date Given to Admin: 1b d D-
rmit Action: New New Permit#2: Sw A-00C! DIMS Acknowledged Date': 151 1'
Not located in the ETJ of the following delegated
and functioning programs:
NHC:Carolina Beach/Kure Beach/Wilmington/Wrightsville Beach
Bruns: Leland/Navassa(?)/Oak Island
Cart: Emerald Isle Onsl: Jacksonville Pend: Surf City
Major Mod / Minor Mod / Renewal Existing Permit#:
Applicant&Permittee are the same?3 Expiration Date4:
Permit Type: 0/LD/LD Overall/HO&LD Combo
General Permit/Offsite/Exempt + Redevelopment =Offsite to 5W8:
Development Type: Commercial identia 7Other nis Offsite Lot approved in Master Permit?'
Subdivided?: C=i4Subdivisio _•br Single Lot
Rule(s): 02017 Coastal 02008 Coastal E11995 CoastalIII--
�r�
Phase II ❑universal 01988 Coastal A`�T- 1 F`P\c- 1
Permittee Type&Documents Needed:
®Property Owner(s) =Purchaser IlLessee =HOA =Developer
=Viable? =Viable? =Viable? =Viable? =Viable?
IMeed =Purchase Aunt Lease =Election Minutes
Paperwork
SApplication
aee: ®5505(within 6mo) Check#(s): [374,3 7( =No fee
nSuppiement2(I new form or for older forms:1 original per SCM)
=O&M2
=Soils Report(Infil or PP)
Calculations(signed/sealed)
Deed Restrictions, if subdivided2
Project Narrative
01.1865 Map{or on file?) Subject to SA?: Y / NV Subject to ORW?: Y / `{
Ej-Pians(2 Sets)
NOTES:
'Enter RIMS Acknowledged Date on this Sheet
2For New Projects-Enter New Permit It on Supplements&Deed Restriction Templates.
a If permittee is different,STOP.Needs to be transferred first
' 4lf w/in 6 months and they are requesting a mod,STOP. Needs a renewal first.
slf Lot not approved in master permit,STOP. Master permit needs mod.
EMAILED ENGINEER DATE: '� Comments:
�/
REVIEWER NAME: V L.LI e ►&,ii4
G:WQ111Reference Library\ProcedureslChecklisrs\Completeness Review Checklist 2021 09 0$
C AUG 15 2022
v M KIM&CREED
�, '=_ LETT OF TRANSMITTAL
DELIVERED DATE: August 15,2022
TO: NCDEMLR PROJECT NO: 04245-0023 TASK NO: 40
127 Cardinal Drive Extension RE: Sidbury Station,Phase 2—Fast Track
Stormwater Submittal
Wilmington,NC 28405
ATTENTION: Christine Hall TRANSMITTAL NO: 1 of 1 PAGE 1 OF 1
WE ARE SENDING: ® Originals ®Prints ❑ Shop Drawings ❑ Samples
❑ Specifications ® Calculations ❑ Other—
Quantity Drawing No. Rev. Description Status
2 Stormwater Fast Track ATC Application Form(Original Sr 1 G
Copy)
2 Supporting Documentation (Quad Map,Sequence,Deed,etc) G
2 Sidbury Station, Site Plan and Drainage Area Map (folded) G
2 Flash Drive with pdf of entire submittal
1 Express Fee Check for$505
Issue Status Code: A. Preliminary B. Fabrication Only C. For Information D.Bid
E. Construction F. For Review&Comments G. For Approval H.See Remarks
Action Status Code: 1. No Exceptions Taken 2. Make Corrections Noted 3. Other
4. Amend&Resubmit 5. Rejected-See Remarks
REMARKS:
243 NORTH FRONT STREET,WILMINGTON,NC 28401(910)343-1048 FAX(910)251-8282
File,McKim&Creed, w/enc McKIM & CREED, Inc.
( 3--2L
Signed
'chard A. Moore, PE
Regional Manager
•
4,fr/MCKIM&CREED 4 AUG 152022
er
Sidbury Station, Phase 2
Construction Sequence Narrative
Sidbury Station was approved through zoning efforts with New Hanover County as a 3-phase
project with a total area of approximately 314.3 acres and 758 residential units. The
development will consist of single family residential, multifamily residential, open space, an
amenity center, and private streets.This phase (Phase 2) of the development consists of
approximately 75.56 acres of single family residential and multifamily residential development.
Phase 1 was previously permitted through NCDEMLR and is currently under construction.
Phase 2 is proposed as part of this submittal. Phase 3 will be permitted/constructed in the
future.
It is anticipated that all of Phase 2 is constructed and certified at one time. No sub-phasing of
this section is proposed or anticipated to occur.
See attached overall site plan showing the 3 phases approved by New Hanover County. This is
being provided as an exhibit of the approved layout based on the zoning efforts. Minor
adjustments to the layout have occurred/are allowed by New Hanover County.
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View Filings• Print a Pre-Populated Annual Report form• Print an Amended a Annual Report form
`'Business Corporation
Legal. Name
D.R. Horton,Inc.
Information
Sosld: 0296009 'CA,
Status: Current-Active O AUG ,_
Date Formed: 11/5/1991 By. 542
Citizenship: Foreign
State of Incorporation: DE
Fiscal Month: September
Annual Report Due Date: January 15th
CurrentAnnual Report Status:
Registered Agent: CT Corporation System
Addresses
Mailing Principal Office Reg Office Reg Mailing
1341 Horton Circle 1341 Horton Circle 160 Mine Lake Ct Ste 200 160 Mine Lake Ct Ste 200
Arlington, TX 76011 Arlington, TX 76011 Raleigh, NC 27615-6417 Raleigh, NC 27615-6417
Officers
Vice President Chief Executive Officer Chairman of the Board Secretary Chief Operating Officer
Cade C. Anderson David V Auld Donald R. Horton Thomas B. Montano Michael J Murray
1341 Horton Circle 1341 Horton Circle 1341 Horton Circle 1341 Horton Circle 1341 Horton Circle
Arlington TX 76011 Arlington TX 76011 Arlington TX 76011 Arlington TX 76011 Arlington TX 76011
Chief Financial. Officer
Bill W. Wheat
1341 Horton Circle
Arlington TX 76011
Stock
Class: 99 SEE CERT
Shares: 0
Par Value 0
CERTIFICATE OF OFFICER 406 , " j
The undersigned hereby certifies as follows:
1. He is a duly elected, qualified and acting Vice President and Secretary of D.R.
Horton,Inc.,a Delaware corporation(the "Company"), is familiar with the facts herein certified and
is duly authorized to certify the same.
2. The following is a true,correct and complete copy of resolutions related to the subject
matter as adopted by the Consent of Executive Committee of the Board of Directors of the Company
dated April 1, 2019 (the "Resolutions"). The Resolutions have not been amended, rescinded or
modified and remain in full force and effect as of the date hereof.
Election of Assistant Vice President and City Manager
WHEREAS,effective October 31,2017,Elizabeth Shelton was duly elected
to the office of Assistant Secretary of the Company in the Company's Central
Carolina Division; and
WHEREAS, Elizabeth Shelton transferred to the Company's Coastal
Carolina Division and has been promoted to the position of Assistant Vice President
of the Company,and it is now desirable to grant her additional duties and authority
for that division.
NOW, THEREFORE, BE IT RESOLVED, that Elizabeth Shelton is
hereby elected to the office of Assistant Vice President of the Company (the
"Assistant Vice President') in the Company's Coastal Carolina Division (the
"Division"), to serve until the next annual meeting of the directors of the Company
and until her successor is duly elected and qualified or until her earlier death,
resignation or removal.
RESOLVED FURTHER, that the Assistant Vice President is hereby
authorized and empowered,in the Wilmington area(the "Area')of the Division and
in the name and on behalf of(A) the Company, (B) any partnership of which the
Company is a general partner, manager or agent, and (C) any limited liability
company of which the Company is a member, manager or agent (collectively the
"Entities"), (i)subject to written approval by any one of the following officers of the
Company: (a) Chairman of the Board, (b) President, (c) Senior Executive Vice
President, (d)Executive Vice President or(e)the Region President of the Division
(the "Approving Officers'), to execute and deliver contracts, agreements and other
documents and instruments (other than promissory notes) for the purchase of real
property, and any improvements or appurtenances constructed thereon or affixed
thereto, or any interest therein, including without limitation any right-of-way,
easement,leasehold or other tangible or intangible property,right or interest,and any
personal property relating or incident thereto,(ii)subject to written approval by any
one of the Approving Officers,to execute and deliver contracts,agreements,deeds,
conveyances or other obligations of the Entities, closing statements and other
documents and instruments for the sale of improved or unimproved real property,or
any interest or right therein, owned, leased or otherwise controlled by the Entities
and (iii) to execute and deliver model home leases and such other agreements,
instruments or documents as the Approving Officers shall direct.
RESOLVED FURTHER, that in connection with the management of the
Entities'business,the Assistant Vice President is hereby authorized and empowered,
in the name and on behalf of the Entities in the Area, to execute and deliver (i)
contracts, agreements and other documents and instruments for the subdivision,
development and/or improvement of real property,(ii)contracts,agreements,deeds,
closing statements and other documents and instruments for the sale,transfer and/or
conveyance of mineral rights,groundwater and other water rights owned, leased or
controlled by any of the Entities to DRH Energy,Inc.,an affiliate of the Entities,(iii)
home sales contracts,sales person employment agreements and similar or equivalent
agreements,documents or instruments and(iv)personal property leases for,among
other things, office equipment and construction trailers.
RESOLVED FURTHER, that in connection with the management of the
Entities' business in the Area,the Assistant Vice President shall be authorized and
empowered, in the name and on behalf of the Entities in the Area, to execute and
deliver any and all documents and instruments necessary to sell and convey title to
single-family and multi-family homes.
RESOLVED FURTHER, that effective as of the date hereof, Elizabeth
Shelton is hereby removed from the office of Assistant Secretary of the Company.
RESOLVED FURTHER,that effective as of the date hereof,the authority
hereby granted to the Assistant Vice President supersedes authority previously
granted by Written Consent of Executive Committee of the Board of Directors to the
Assistant Vice President.
IN WITNESS WHEREOF,the undersigned has signed on the 27th day of July, 2020.
g.
itlfacov#
Thomas B. Montano
Vice President and Secretary
U:VTEWAI.TMin1DHIlzoluI27-COS.wpa 2
Book 6492 Page 2571
AUL 1 5 2022 • BK: RB 6492
PG: 2571 -2575 NC FEE$26.00
RECORDED: 2021045356
BY: 09/17/2021 NEW HANOVER COUNTY, REAL ESTATE
01:29:41 PM TAMMY THEUSCH PIVER
REGISTER OF DEEDS E)CfX$20965.00
BY:KELLIE GILES
DEPUTY
ELECTRONICALLY RECORDED
NORTH CAROLINA SPECIAL WARRANTY DEED
Excise Tax: $ ao1'65. °1
Parcel Identifier No. Verified by County on the day of ,2021
By:
Return to: Grantee.
Prepared by: Jennifer N. Fountain.Isaacson Sheridan. 804 Green Valley Rd., Ste. 200,Greensboro,NC 27408
Brief description for the Index: Parcel ID#R01900-002-004-000
THIS DEED made this day of September,2021,by and between:
GRANTOR GRANTEE
SIDBURY 758,LLC, D.R.HORTON,INC,a Delaware corporation
a North Carolina limited liability company 2000 Aerial Center Parkway, Suite 110
701 Green Valley Road, Suite 101 Morrisville,NC 27560
Greensboro,NC 27408
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.
WITNESSETH, 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 of land situated in Cape Fear Township,New Hanover County,North Carolina and more particularly
described as follows:
See EXHIBIT A attached hereto and incorporated herewith
The property hereinabove described was acquired by Grantor by instrument recorded in Book 6417, Page 394, New
Hanover County Registry.
A map showing the above described property is recorded in Map Book 69,Pages 153-154.
All or a portion of the property herein conveyed includes or X does not include the primary residence of a Grantor.
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.
submitted electronically by "Bagwell Holt Smith P.A."
in compliance with North Carolina statutes governing recordable documents
and the terms of the submitter agreement with the New Hanover County Register of Deeds.
Book 6492 Page 2572
And Grantor covenants with Grantee, that Grantor has done nothing to impair the title as received by Grantor, has the
right to convey the same in fee simple,and that Grantor will forever warrant and defend the title against the lawful claims
of all persons claiming by,through, or under Grantor.
This conveyance is made subject to the following exceptions:
See EXHIBIT B attached hereto and incorporated herein by reference.
[SIGNATURE ON NEXT PAGE]
Page 2 of 5
xoox WI 1z rage L7/3
IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above
written.
GRANTOR:
SIDBURY 758,LLC
a North Carolina limited-liability company
By: (.40
- .
Name: Z. �1 ,Manager
State of North Carolina
County of Guilford
I, the undersigned Notary Public of the County of Guilford and State aforesaid, certify that Zachary Tran
personally came before me this day and acknowledged that he is the Manager of Sidbury 758,LLC, a North Carolina
limited liability company, 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 September,2021.
/NL../..."..a....-Q-Cla— AN\isto-4/...Th
My Commission Expires: 01 it m 11-43 Z 1\-t_n►..bre: \c�.N.00 Notary Public
Notary's Printed or Typed Name
(Affix Seal Below) ���,,,Am a,ap h,
0100
(hi \ Od .'
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y ,� 1Vld
Page 3 of 5
Book 6492 Page 2574
EXHIBIT A
Legal Description
All that certain tract or parcel of land lying and being situate in Cape Fear Township,New Hanover
County,North.Carolina, and being more particularly described as follows:
Being all of Tract 1 (197.35 ac.) as shown on a map entitled "Minor Subdivision Plat 312.85 Acres for
Sidbury Station" recorded in Map Book 69,Pages 153-154 in the office of the Register of Deeds of New
Hanover County.
Page 4 of 5
Book 6492 Page 2575
EXHIBIT B
EXCEPTIONS
1. Taxes and assessments for the year 2021,a lien now due and payable and subsequent years,a lien not yet due
and payable.
2. Title to any areas within street,highway or railroad rights of way, if any.
3. The creation or loss of land by natural or artificial changes along water forming part of the boundary of the
land; and/or title to land lying below the higher of the mean high water mark and/or the normal bounds of any body of
water; and/or riparian rights incident to any branches,creeks,streams, lakes or other waters coursing or abutting the
land.
4. Any discrepancy,conflict,access,shortage in area or boundary lines, encroachment,encumbrance,violation,
overlap,setback,easement or claims of easement,riparian right,and title to land within roads,ways,railroads,
watercourses,burial grounds,marshes,dredged or filled areas or land below the mean highwater mark or within the
bounds of any adjoining body of water,or other adverse circumstance affecting the Title that would be disclosed by a
current inspection and accurate and complete land survey of the Land.
5. Any right,easement, setback,interest,claim,encroachment,encumbrance,violation,variations or other
adverse circumstance affecting the Title disclosed by plat(s)recorded in Map Book 20 at Page 89,New Hanover
County Registry.
6. Any right,easement,setback, interest,claim,encroachment,encumbrance,violation,variations or other
adverse circumstance affecting the Title disclosed by plat(s)recorded in Map Book 15 at Page 27,New Hanover
County Registry.
7. Right of Way Agreement to Piedmont Natural Gas Company,Inc. of record at Book 5249 Page 338,New
Hanover County Registry, as re-recorded at Book 5351 Page 1870,New Hanover County Registry.
8 Boundary Line Agreement of record at Book 999 Page 341,New Hanover County Registry.
9. Memorandum of Agreement of record at Book 1148 Page 1437,New Hanover County Registry, and Consent
Judgment in favor of the Department of Transportation of record at Book 1213 Page 1640,New Hanover County
Registry.
10. Easement(s)to Carolina Power&Light Company of record at Book 863 Page 867,Book 874 Page 111,Book
893 Page 83,Book 1159 Page 1227 and Book 1160 Page 346,New Hanover County Registry.
11. Easement to the Department of Transportation of record at Book 1149 Page 117,New Hanover County
Registry.
12. Any right,easement,setback, interest,claim,encroachment,encumbrance,violation,variation,or other
adverse circumstance affecting the Title disclosed in Map Book 69 at Pages 153 and 154,New Hanover County
Registry.
13. Terms, provisions,options,right of first refusal,covenants,conditions,restrictions,easements,charges,
assessments,and liens provided for in instrument(s)filed for record in Book 6417 Page 450 and any related maps,
plans,bylaws and other document(s)and amendment(s), but omitting any covenants or restrictions,if any, based upon
race,color,religion, sex,sexual orientation,familial status,marital status,disability,handicap,national origin,
ancestry,or source of income,as set forth in applicable state or federal laws,except to the extent that said covenant or
restriction is permitted by applicable law.
Page 5of5
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