HomeMy WebLinkAboutNCC241746_FRO Submitted_20240609 FINANCIAL RESPONSIBILITY/OWNERSHIP FORM
SEDIMENTATION POLLUTION CONTROL ACT
No person may initiate any land-disturbing activity on one or more acres as covered by the Act before this form
and an acceptable erosion and sedimentation control plan have been completed and approved by the Land
Quality Section, N.C. Department of Environmental Quality. Submit the completed form to the appropriate
Regional Office. (Please type or print and, if the question is not applicable or the e-mail address or phone
number is unavailable, place N/A in the blank.)
Part A.
1. Project Name 1 LAN IMexoW
/ 'ElZ-
2. Location of land-disturbing activity: County New Hanover City orTownshipWllmington
Highway/StreetHW-' 421 Latltude(decimaldegrees)34.3064 Longitude(decimaldegrees)-77.9813
3. Approximate date land-disturbing activity will commence:'J u ne 10 2021
4. Purpose of development (residential, commercial, industrial, institutional, etc.): Industrial
5. Total acreage disturbed or uncovered (including off-site borrow and waste areas):29.4
6. Amount of fee enclosed: $1 20 . The application fee of$100.00 per acre (rounded
up to the next acre) is assessed without a ceiling amount (Example: 8.10-acre application fee is $900).
Checks should be addressed to NCDEQ.
7. Has an erosion and sediment control plan been filed? Yes 0 Enclosed ❑ No ❑
8. Person to contact should erosion and sediment control issues arise during land-disturbing activity:
NameStephen Nunn E-mail Addresssnunn@mckinleybuilding.com
Phone: Office# 910-395-6036 Mobile# 910-523-0855
9. Landowner(s)of Record (attach accompanied page to list additional owners):
Seamist Properties LLC 910-395-6036 910-512-3301
Name Phone: Office# Mobile#
3807 Peachtree Avenue Suite 200 3807 Peachtree Avenue Suite 200
Current Mailing Address Current Street Address
Wilmington NC 28401 Wilmington NC 28401
City State Zip City State Zip
10. Deed Book No.5582 Page No.45° Provide a copy of the most current deed.
Continued from Items 9 & 10 in Part A of the Financial Responsibility/Ownership Form for multiple
owners. Attach copies of this page as needed to list all landowners.
Landowner 2 of Record:
WTC 1 Partners LLC 919-637-9621 919-637-9621
Name Phone: Office# Mobile#
3105 Glenwood Avenue Suite 105 3105 Glenwood Avenue Suite 105
Current Mailing Address Current Street Address
Raleigh NC 27612 Raleigh NC 27612
City State Zip City State Zip
Deed Book No.6405 Page No.1 987 Provide a copy of the most current deed.
Landowner 3 of Record:
WTC 2 Partners LLC 919-637-9621 910-637-9621
Name Phone: Office# Mobile#
3105 Glenwood Avenue Suite 105 3105 Glenwood Avenue Suite 105
Current Mailing Address Current Street Address
Raleigh NC 27612 Raleigh NC 27612
City State Zip City State Zip
Deed Book No.6594 Page No.683 Provide a copy of the most current deed.
Landowner 4 of Record:
Name Phone: Office# Mobile#
Current Mailing Address Current Street Address
City State Zip City State Zip
Deed Book No. Page No. Provide a copy of the most current deed.
Landowner 5 of Record:
Name Phone: Office# Mobile#
Current Mailing Address Current Street Address
City State Zip City State Zip
Deed Book No. Page No. Provide a copy of the most current deed.
(c) If the Financially Responsible Party is engaging in business under an assumed name, give name under
which the company is Doing Business As. If the Financially Responsible Party is an individual, General
Partnership, or other company not registered and d ing business under an assumed name, attach a copy
of the Certificate of Assumed Name. At
Company DBA Name
The above information is true and correct to the best of my knowledge and belief and was provided
by me under oath. (This form must be signed by the Financially Responsible Person if an individual(s)
or his attorney-in-fact, or if not an individual, by an officer, director, partner, or registered agent with
the authority to execute instruments for the Financially Responsible Party). I agree to provide
corrected information should there be any change in the information provided herein.
McKinley D. Dull Manager
Type or print nam Title or Authority
kaC..._--N---- � 6/5/24
ignature Date
I, aill''
uj ( 3fl '() , a Notary Public of the County of-B(1)(1SWi CK
State of North Carolina, hereby certify that cnC A 1Ie1.1 0• b 0 (( appeared personally
before me this day and being duly sworn acknowledged that the above form was executed by him/her.
Witness my hand and notarial seal, this 5lik day of Min()_ , 2084
,Ww..,
Amy Griffin NOTARY,PUBLIC Notary(14 41
60 J��
E3runswickCounty,NC My commission expires 6 �
Part B.
1. Company(ies)who are financially responsible for the land-disturbing activity(Provide a comprehensive list
of all responsible parties on accompanied page.) If the company is a sole proprietorship or if the landowner(s)is
an individual(s), the name(s)of the owner(s)may be listed as the financially responsible party(ies).
Seamist Properties LLC kdull@mckinleybuilding.com
Company Name E-mail Address
3807 Peachtree Avenue Suite 200 3807 Peachtree Avenue Suite 200
Current Mailing Address Current Street Address
Wilmington NC 28403 Wilmington NC 28403
City State Zip City State Zip
Phone: Office# 910-395-6036 Mobile# 910-395-6036
Note: If the Financially Responsible Party is not the owner of the land to be disturbed, include with this form
the landowner's signed and dated written consent for the applicant to submit a draft erosion and sedimentation
control plan and to conduct the anticipated land disturbing activity.
2. (a) If the Financially Responsible Party is a domestic company registered on the NC Secretary of State
business registry, give name and street address of the Registered Agent:
McKinley D. Dull kdull@mckinleybuilding.com
Name of Registered Agent E-mail Address
3807 Peachtree Avenue Suite 200 3807 Peachtree Avenue Suite 200
Current Mailing Address Current Street Address
Wilmington NC 28403 Wilmington NC 28403
City State Zip City State Zip
Phone: Office# 910-395-6036 Mobile# 910-512-3301
Name of Individual to Contact(if Registered Agent is a company)
(b) If the Financially Responsible Party is not a resident of North Carolina, give name and street address
of the designated North Carolina agent who is registered on the NC Secretary of State business registry:
Name of Registered Agent E-mail Address
Current Mailing Address Current Street Address
City State Zip City State Zip
Phone: Office# Mobile#
Name of Individual to Contact(if Registered Agent is a company)
9>9
‘cl) oN'
111111111113
2015010746
FOR REGISTRATION REGISTER OF DEEDS
7AMMY THEUSCH BEASLEY
NEW HANOVER COUNTY, NC
2015 APR 17 02 21 07 PM
BK 5882 PG 450-456 FEE $26 00
NC REV UMENTTAMP $1,481 00
# Ni 010146
INSTR
Excise Tax $1,481 00 Recording Time, Book and Page
Tax Lot No Parcel Identifier No A portion of R02400-001-001-000
Verified by County on the day of ,201_by
Mail after recording to Grantee at address shown below
This instrument was prepared by Womble Carlyle Sandridge&Rice,LLP(Hunter S Edwards)
**No title search performed and no title opinion given or implied by the preparer**
Brief Description For The Index
25 357 acres of real property located off of Highway 421 in New
Hanover County,North Carolina
NORTH CAROLINA SPECIAL WARRANTY DEED
THIS DEED made as of April 17 ,2015,by and between
GRANTOR. GRANT;.
INVISTA S.a r.1., SEAMIST PROPERTIES,LLC,
a Luxembourg societe responsabilite limitee, a North Carolina limited liability company
doing business in North Carolina as 1NVISTA
Sar1, LLC
Address Address
4123 East 37th Street North 3807 Peachtree Avenue, Suite 200
Wichita,Kansas 67220 Wilmington,North Carolina 28403
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
RETURN TO: Douglas A. Fox
velem
WITNESSETH, that Grantor, for a valuable consideration paid by Grantee, the receipt of which is
hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto Grantee in fee
simple the property situated in New Hanover County,North Carolina and more particularly described on
Exhibit A attached hereto and incorporated herein by reference(the"Property")
The Property herein described is a portion of the property which was acquired by Grantor in instrument
recorded in Book 2485,Page 978
The Property herein conveyed does not include the primary residence of the Grantor, per NCGS 105-
317 2
TO HAVE AND TO HOLD the Property and all privileges and appurtenances thereto belonging to the
Grantee in fee simple, subject to the restrictions described on Exhibit B attached hereto and incorporated
herein by reference
And 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, except for the exceptions hereinafter stated
This conveyance is expressly made subject to all matters set forth below and incorporated herein which
shall bind Grantee(and its successor in title)and run with the title to the Property
1 Lien(s)of ad valorem taxes for the year 2015 and thereafter which are not yet due and
payable,
2 Matters affecting title to the Property as shown on survey or from a current inspection of
the Property,
3 Zoning ordinances,building codes and other applicable laws,ordinances and
governmental regulations affecting the Property, and
4 All easements,encumbrances,covenants,restrictions,and conditions of record,and
rights-of-way of public and private streets and roads
[Signatures Begin on Following Page]
2
IN WITNESS WHEREOF,this deed has been duly executed as of the date first above written
GRANTOR:
INVISTA S.a r.h,
a Luxembourg societe responsabilitd limited,doing
business in North Carolina as INVISTA S a r 1 ,LLC
By 1 4.5f z
William King,Authorized Si iatory
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I certify that the following person personally appeared before me this day, acknowledging to me
that he voluntarily signed the foregoing document for the purpose stated therein and m the capacity
indicated William King
Date April 17 ,2015
Offtct Signature otary
Notary Public Lori A. Lewis
- New Hanover County
Notary's printed or typed name,Notary Public
(Official Seal) 5)/PTyi ,&a0\���`� My commission expires 09/01/2018
3
a
ACCEPTED and duly executed by the Grantee as of the date first above written
GRANTEE:
SEAMIST PROPERTIES,LLC,
a North Carolina limited !lability company
By
Nam McKinley . Dull
Title Member/Manager
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I certify that the following persons personally appeared before me this day, acknowledging to me
that they voluntarily signed the foregoing document for the purpose stated therein and in the capacity
indicated McKinley D. Dull
Date April 17 ,2015
\���uiuiriniu)iii Vl �IMity
A tFly���i,,��i Official ature o otary
Lori A. Lewis
Notary Publte Notary's printed or typed name,Notary Public
New Hanover County
(Official Seale. ?, My commission expires 09/01/2018
4
Exhibit"A"
BEING ALL of that 25.357 acre tract of land as shown on that plat entitled"Survey for INVISTA
S.A.R.L. Properties Lands on U.S.421 Part of R02400-001-001-000, Cape Fear Township, New
Hanover County,North Carolina"recorded in Plat Book (90 ,at Page '1 CI 0 ,in the New Hanover
County Public Registry.
Further described as:
LEGAL DESCRIPTION OF PARCEL A, INVISTA S a.r.I. PROPERTY
Beginning at an existing iron rod located in the eastern right-of-way of U.S. Highway 421, said iron pipe
being located North 50°27'37" East 149.00' from NCGS Monument "FINA" N: 204,041.30' E:
2,307,567.82 NAD 83(2001), said iron pipe also being at southwest intersection of a point formed by the
eastern right-of-way of Highway 421 and a 65'wide access and utility easement as recorded in DB 5447,
Page 1139 In the New Hanover County Register of Deeds; running thence from said beginning point
North 57°11'51" East 500.12' along the southern line of the aforementioned 65' wide access and utility
easement to a newly set iron rod; thence South 32°47'47" East 1026.94 to a point; thence South
57°12'13" West 25.0' to a point; thence South 32°47'47" East 50.0' to a point; thence North 57°12'13"
East 25.0' to a point; thence South 32°47'47" East 141.19' to a newly set iron rod; thence South
32°45'55" East 1011.38' to an existing iron pipe, said iron pipe being located In the northeast corner of
property now or formerly owned by BGM Properties, LLC as recorded in DB 5166, Page 2738 of the New
Hanover County Register of Deeds, thence South 57°12'53" West 500.12'along the northern property
line of the BGM Properties, LLC land to a newly set iron rod in the eastern right-of-way of Highway 421;
thence running along the eastern right-of-way of the Highway North 32°45'55"West 1011.38'feet to an
existing concrete monument in the eastern right-of-way of the Highway; thence continuing along the
right-of-way of the Highway North 32°47'47"West 1197 81'to the point and place of beginning.
The subject property is located in New Hanover County North Carolina and contains 25.357 acres as
shown on a survey prepared by Paramounte Engineering, Inc. The property is subject to an existing 60'
wide Permanent Easement as shown in DB 5351 Page 302 of the New Hanover County Register of Deeds
and a 30' wide CP&L Easement (centered on the eastern right-of-way of U.S. Highway 421) as recorded
in DB 1142 Page 56 of the New Hanover County Registry.
EXHIBIT B
to North Carolina Special Warranty Deed
Restrictions
1. The Property shall never be used for residential purposes and this restrictive covenant shall run
with the title to the Property and be binding upon the Property and upon Grantee, its successors
and assigns and inure to the benefit of Grantor,its successors and assigns.
2. No groundwater from the Property shall be used for consumption and this restrictive covenant
shall run with the title to the Property and be binding upon the Property and upon Grantee, its
successors and assigns and inure to the benefit of Grantor,its successors and assigns.
3. No more than thirty-five thousand(35,000)gallons of groundwater per day shall ever be pumped
for removal for use by occupiers of the Property and this restrictive covenant shall run with the
title to the Property and be binding upon the Property and upon Grantee, its successors and
assigns and inure to the benefit of Grantor, its successors and assigns.
Grantor shall have the right to prohibit the installation of any pumping equipment on the Property
(the"Pumping Equipment") if the Pumping Equipment would allow more than 35,000 gallons of
groundwater per day to be removed from the Property and subsequent modification of the
Pumping Equipment that would increase its pumping capacity is prohibited unless consented to
by Grantor in writing prior to any such modification. Upon reasonable advance notice to
Grantee,Grantor shall have the right to enter the Property from time to time to ensure compliance
with this restrictive covenant; provided that such inspection and audit shall not unreasonably
interfere with Grantee's operations on the Property, and Grantor's representatives check in at the
time of such inspection or audit with the Grantee's on-site manager(s) and comply with all of
Grantee's reasonable safety requirements.
4. Should public water service ever become available to the Property, Grantee shall tie the Property
into and connect the Property to such public water service and this obligation shall run with the
title to the Property and be binding upon the Property and upon Grantee, its successors and
assigns and inure to the benefit of Grantor, its successors and assigns
I III III1IIII 11 I II II II
2015012147
FOR REGISTRATION REGISTER OF DEEDS
NENMY TMEURGCOU3 4NASLENG
11
BK 5885 PGR357-360 FEE$26 00
1NSIRUMIENI#2015012141
Prepared By&Return To Douglas A Fox,Attorney
102 N.5'h Avenue,Wilmington,NC 28401
"CORRECTIVE/SCRIVENERS AFFIDAVIT"
April Z9 ,2015
Re' Property 25.357 acres of real property located off of Highway 421
in New Hanover County,North Carolina
Parcel ID Number.Part of R02400-001-001-000
GRANTOR INVISTA
A Luxembourg socrete responsabilite limitee,
doing business in North Carolina as INVISTA S a r 1,LLC
4123 East 37'h Street North,
Witchita,Kansas 67220
GRANTEE SEAMIST PROPERnES,LLC
A North Carolina limited liability company,
3807 Peachtree Avenue,Suite 200,
Wilmington,North Carolina 28403
Recording information
for the original instruments North Carolina Special Warranty Deed recorded on April 17, 2015,in
Book 5882, at Pages 450-456, of the New Hanover County Register
Deeds(the"Deed").
Pursuant to and in accordance with N C G S.47-361,the undersigned hereby certifies that the following
typographical or other minor error(s)appears in the Deed
The metes and bounds portion of the legal description in the Deed was erroneously included in the
Exhibit"A", The metes and bounds portion of the legal description in the Deed was supposed to
match the description of the property being conveyed as described on that certain plat recorded in
Plat Book 60, Page 190, in the New Hanover County Public Registry(the "Plat"), however,the
metes and bounds description included as part of the Deed above contained numerous, minor
inconsistencies with the Plat
RETURN To Douchs A. Fox
The undersigned certifies that the correct metes and bounds portion of the legal description in the
Deed should read as follows and this description supersedes and replaces the metes and bounds
portion of the legal description contained in the Deed
PLEASE SEE ATTACHED EXHIBIT"A"
A copy of the onginal instrument(in part or in whole)( )is( X )is not attached.
(SEAL)
Douglas A Fo
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I, b It c 14. �e i s ,a Notary Public of the County and State aforesaid,do hereby certify
that Douglas A Fox, personally came before me this day and acknowledged the execution of the
foregoing instrument
Witness my hand and official seal this 2444""day of Apnl,2015
(Notanal Seal) \\\`�\\ P II`E /s i / , �/1 eMMo
NOTARY P : IC
Notary Public '_ 1
New Hanover County _ Commission Expires 9 1 illg
mitnni\"
Exhibit"A"
Further described as:
LEGAL DESCRIPTION OF PARCEL A,INVISTA S.a'r I PROPERTY
Beginning at an existing iron rod located in the eastern right-of-way of U.S. Highway 421, said iron pipe
being located North 50°57'37" East 149.00 feet from NCGS Monument "FINA" N: 204,041 30' E:
2,307,567.82 NAD 83(2001),said iron pipe also being at the southwest intersection of a point formed by
the eastern right-of-way of Highway 421 and a 65' wide access and utility easement as recorded in DB
5447, Page 1139 in the New Hanover County Register of Deeds, running thence from said beginning
point North 57°11'S1" East 500.12 feet along the southern line of the aforementioned 65 foot wide
access and utility easement to a newly set iron rod;thence South 32°47'47" East 1016.94 feet to a point,
thence South 57°12'13" West 25.0 feet to a point; thence South 32°47'47" East 50 0 feet to a point,
thence North 57°12'13" East 25.0 feet to a point;thence South 32°47'47" East 131 19 feet to a newly set
iron rod; thence South 32°45'55" East 1011.38 feet to an existing iron pipe, said iron pipe being located
in the northeast corner of property now or formerly owned by BGM Properties, LLC as recorded in DB
5166, Page 2738 of the New Hanover County Register of Deeds, thence South 57°12'53" West 500.12
feet along the northern property line of the BGM Properties, LLC land to a newly set iron rod in the
eastern right-of--way of Highway 421, thence running along the eastern right-of-way of the Highway
North 32°45'55"West 101155 feet to an existing concrete monument in the eastern right-of-way of the
Highway; thence continuing along the right-of-way of the Highway North 32°47'47" West 1197.81 feet
to the point and place of beginning
The subject property is located in New Hanover County North Carolina and contains 25.357 acres as
shown on a survey prepared by Paramounte Engineering, Inc. The property is subject to an existing 60'
wide Permanent Easement as shown in DB 5351 Page 302 of the New Hanover County Register of Deeds
and a 30' wide CP&L Easement (centered on the eastern right-of-way of U.S. Highway 421) as recorded
in DB 1142 Page 56 of the New Hanover County Registry.
A - .
Book 6594 Page 683
BK: RB 6594
PG:683-686 NC FEE$26.00
RECORDED 2022033012
09/13/2022 NEW HANOVER COUNTY. NC REAL ESTATE
01:45:19 PM TAMMY THEUSCH PIVER EXTX$1597.00
BY.SAMANTHA SPEAKER REGISTER OF DEEDS
DEPUTY
ELECTRONICALLY RECORDED
PREPARED BY: YOW, FOX&MANNEN, PO BOX 479,WILMINGTON, NC 28402
RETURN TO:
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
REVENUE STAMPS: $1,597.00 Parcel No: Ro2400-001-051-000
This instrument prepared by: Jerry A. Mannen,Jr. a licensed North Carolina attorney,
Yow, Fox&Mannen, LLP, Post Office Box 479, Wilmington, NC 28402. Delinquent
taxes, if any, to be paid by the closing attorney to the county tax collector upon
disbursement of closing proceeds.
Preparer has been informed that this is not the primary residence of the Grantor
Preparer of this document has made no title examination and makes no representation
or certifications as to any matters affecting title.
SPECIAL WARRANTY DEED
THIS SPECIALWARRANTY DEED,made this day of September 2022,by and
between Seamist Properties, LLC, a North Carolina limited liability company,
whose mailing address is 3807 Peachtree Avenue,Suite 200,Wilmington,North Carolina
28403 herein called Grantor, and WTC 2 Partners LLC, a Delaware limited liability
company, whose mailing address is 3105 Glenwood Avenue, Suite 105, Raleigh, North
Carolina 27612, herein called Grantee.
WITNESSETH:
That said Grantor,for and in consideration of the sum of Ten Dollars ($10.00) and
other valuable consideration paid by the Grantee, the receipt of which is hereby
acknowledged,has bargained and sold,and by these presents does grant,bargain,sell and
Submitted electronically by Adams.Howell,Sizemore&Adams.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 6594 Page 684
convey unto said Grantee, its successors and assigns, in fee simple all that real property
located in New Hanover County, North Carolina, and more particularly described in
Exhibit A attached hereto and incorporated herein by reference, (such conveyed real
property,the"Property").
SUBJECT TO the those matters and things contained in Exhibit B attached hereto
and incorporated herein by reference(the"Exceptions" or"Permitted Exceptions").
TO HAVE AND TO HOLD the above granted and described property,together
with all rights,privileges,easements,tenements and appurtenances thereunto belonging,
or in anywise appertaining upon said Grantee, its successor and assigns, in fee simple,
forever.
And, Grantor,for itself,its successors and assigns does covenant to and with the
said Grantee, its successors and assigns, that Grantor has done nothing to impair such
title to the property described herein as Grantor received,and Grantor will warrant and
defend the title to the same against the lawful claims of all persons claiming by,under,
or through Grantor or its successors or assigns.
IN TESTIMONY WHEREOF, the said Grantor has caused this instrument to
be executed as of the day and year first above written.
Seamist Properties, LLC a North Carolina
limited liability company
By: �, �' f !'
\ -
Nam : Mc nley ull
Title: Manager
STATE OF NORTH CAROLINA
COUNTY OF !'3 11A\ AAL f-
I certify that the following person(s) personally appeared before me this day, each
acknowledging to me that he or she voluntarily signed the foregoing document for the
purpose stated therein and in the capacity indicated: McKinley
rDull.
Date: cl . _ .�4�1 puywk„ �1 �U tX_tLL I ll
j L
!. i4fVNNotai Public
,001t1111/u,,,,, My Commission Expires: JU ILL 2 k 2O2
,\` 0. IN/4 �%,, J
ubl•. cP
New Hanover
County
.,���ipR�N I c Acik \\\``\.
Book 6594 Page 685
Exhibit A
BEING all of Parcel xB as shown on that map entitled "Minor Subdivision Plat of Lands
of Seamist Properties, LLC and DLH Holdings, LLC, US Highway 421, Cape Fear
Township, New Hanover County NC" prepared by Paramounte Engineering, Inc. and
recorded in Map Book 69 at Page 97 of the New Hanover County Registry, reference to
which is made for a more particular description.
TOGETHER WITH the rights and easements granted in and created by that Road Access
and Utilities Easement Agreement by and between Inv Performance Materials, LLC, a
Delaware limited liability company (as successor in interest to S.a.r.l., a private
Luxembourg limited company) and Seamist Properties, LLC, a North Carolina limited
liability company, recorded in Book 6399 at Page 1736, New Hanover County Registry.
Book 6594 Page 686
Exhibit B
1.Taxes or assessments for the year 2022, and subsequent years, not yet due or payable.
2. Building restriction lines, easements, rights of way or any other facts as shown on plat
recorded in Plat Book 8, Page 90; Plat Book 6o, Page 19o; Plat Book 69, Page 7o; Plat
Book 69, Page 91 and Plat Book 69 Page 97, New Hanover County Registry.
3. Road Access and Utilities Easement Agreement recorded.in Book 6399, Page 1136,
New Hanover County Registry as shown on the Survey as hereinafter defined.
4. Road Access and Utilities Easement Agreement recorded in Book 5374, Page 2802 as
amended by Amendment to Easement recorded in Book 5447, Page 1139 as shown on
the Survey and as further affected by that Private Road Maintenance and Cost Sharing
Agreement recorded in Book 6399, Page 1746, New Hanover County Registry.
5. Easement(s) and/or Right(s) of Way to Duke Energy Progress, LLC recorded in Book
6484,Page 2927, New Hanover County Registry.
6. Easement(s) and/or Right(s) of Way to Carolina Power and Light Company recorded
in Book 1142, Page 56,New Hanover County Registry as shown on the Survey.
7. 6o'Access Easement reserved in Deed recorded in Book 5351, Page 302, New
Hanover County Registry as shown on the Survey.
8. Restrictions contained in Deed recorded in Book 5882, Page 45o, as corrected in
Book 5885, Page 357, New Hanover County Registry.
9. Matters shown on that certain unrecorded survey entitled"ALTA/NSPS Land Title
Survey, 4104 US Highway 421, City of Wilmington, New Hanover County, NC, July
2022"prepared by Jonathan F. Murphy, PLS of Jonathan Murphy Professional Land
Surveying, dated July 7, 2022(the"Survey").