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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").