SW8080952_Historical File_20151023

North Carolina Department of Environmental Quality
Pat McCrory
Governor
October 23, 2015
James H.P. Bailey, Jr., Managing Member
Crystal Holdings, LLC
517 East Fort Bacon Road
Atlantic Beach, NC 28512
Subject: Stormwater Permit No. SW8 080952
Name Change / Ownership Change
Oceanside Yacht Club
Carteret County
Dear Mr_ Bailev:
Donald R. van der Vaart
Secretary
Effective August 1, 2013 the State Stormwater program has been transferred from the Division of
Water Quality (DWQ) to the Division of Energy, Mineral and Land Resources (DEMLR). All
previous references to DWQ will remain in older stormwater permits issued prior to August 1, 2013
until they are modified. Please note that any updated pages or addendums-to this permit will now
reference DEMLR as the.Division responsible for issuance of the permit
On August 31, 2015, the Wilmington Regional Office received a request to transfer the ownership
of the state stormwater management permit for the subject project. It has been documented that
the project has not yet started constructed. As indicated on the Name/Ownership Change form,
you have acknowledged receipt of a copy of the permit, which includes the application and
supplement forms, a copy of the approved plans, and a'copy of the required Operation and
Maintenance agreement from the previous permittee. By acknowledging receipt of the permit, and
by signing the Name/Ownership Transfer form, you have accepted the responsibility for complying
with the terms and conditions outlined in this permit. The Division is hereby notifying you that the
subject permit has been transferred on October 23, 2015 and to remind you that this permit shall
be effective until December 30, 2021. For your records, please find enclosed a copy of the
updated page 2 of the permit and a copy of the Name/Ownership Change form submitted on
August 31, 2015. Please attach this cover letter and updated page 2 to your permit originally
issued by the Division of Water Quality on March 27, 2009 and as modified thereafter.
Please be aware that the project's built -upon area and stormwater controls must be built and
maintained in compliance with the permit documents and the approved plans. Maintenance of
the approved system shall be performed in accordance with the signed Operation and
Maintenance agreement. Any modifications to this project must be submitted to DEMLR and
approved prior to construction. The issuance of this approval does not preclude you from
complying with all other applicable statutes, rules, regulations or ordinances, which may have
jurisdiction over the proposed activity, and obtaining a permit or approval prior to construction.
If you have -any questions concerning the requirements of the permit or need additional copies of
the permit or approved plans, please do not hesitate to call Christine Hall with DEMLR in the
Wilmington Regional Office at [phone].
Sinc ely,
g. Tracy Da s, P.E., Director
Division of Energy, Mineral and Land Resources
GDS/ canh: 111Stormwater\Permits & Projects12008180952 HD12015 10 permit 080952
cc: Walter Brady, Oceanside Yacht Club Development Company, Inc.
Ginger Turner, Stroud Engineering
Wilmington Regional Office Stormwater File
Division of Energy, Mineral, and Land Resources
Land Quality Section - Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
[phone] / Fax: [phone] • Internet: http://portal.ncdenr.ora/webAr/
An Eaual Onoortunity 1 Affirmative Action Emnlover— Made in cart by recacled naner

State Stormwater Management Systems
Permit No. SW8 080952
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL AND LAND RESOURCES
STATE STORMWATER MANAGEMENT PERMIT
HIGH DENSITY DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143, General'Statutes of North
Carolina as amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
Crystal Holdings, LLC
Oceanside Yacht Club
100 Olde Towne Yacht Club Road, Radio Island, Morehead City, Carteret County
FOR THE
construction, operation and maintenance of 3 (three) infiltration basins and three (3)
underground infiltration chamber systems, in compliance with the provisions of 15A
NCAC 2H .1000 (hereafter referred to as the "stormwater rules') and the approved
stormwater management plans and specifications and other supporting data as attached
and on file with and approved by the Division of Energy, Mineral and Land Resources and
considered a part of this permit.
This permit shall be effective from the date of issuance until March 27, 2019 and shall be
subject to the following specified conditions and limitations:
I. DESIGN STANDARDS
1. This permit is effective only with respect to the nature and volume of stormwater
described in the application and other supporting data.
2. - This stormwater system has been approved for the management of stormwater
runoff as described in Section 1.6 on page 3 of this permit. The infiltration systems
DA-1, DA-2, DA-3, DA-4, DA-5, and DA-6 are permitted to treat the runoff from
51,531, 56,985, 23,659, 60,298, 66,939 and 60,310 square feet of built -upon area,
respectively.
3. Approved plans and specifications for this project are incorporated by reference
and are enforceable parts of the permit.
4. The infiltration basins and chamber systems must be operated with a 50' vegetated
filter.
5. All stormwater collection and treatment systems must be located in either
dedicated common areas or recorded easements. The final plats for the project will
be recorded showing all such required easements, in accordance with the
approved plans.
Paae 2 of 8

State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STATE STORMWATER PERMIT NAME/OWNERSHIP CHANGE FORM
I. CURRENT PERMIT INFORMATION
1. Stormwater Management Permit Number: sw8 080952
2. Project Name: Oceanside Yacht Club
3. Current Permit Holder's Company Name/Organization: Oceanside Yacht Club Development Company, Inc.
4. Signing Official's Name: Walter D. Brady Title: President
5. Mailing Address: 5113 B. Highway 70 West
City: Morehead
6. Phone: ( 252) 241-2780
Fax: (
State: NC Zip: 28557
Il. PROPOSED PERMITTEE / OWNER / PROJECT / ADDRESS INFORMATION
This request is for: (please check all that apply)
❑ Name change of the owner (Please complete Items 1, 2 and 3 below)
❑ Name change of project (Please complete Item 5 below)
0 Change in ownership of the property/company (Please complete Items 1, 2, 3, and 4 below)
❑ Mailing address / phone number change. (Please complete Item 4 below)
❑ Other (please explain):
1. Proposed permittee's company name/organization: Crystal Holdings, LLC
2. Proposed permittee's signing official's name: James H. P. Bailey, Jr
3. Proposed permittee's title: Member - N-la'—stw
4. Mailing Address: 517 East Fort Macon Road
City: Atlantic Beach
Phone:( 252 ) 241-1200
5, New Project Name to be placed on permit:
State: NC Zip
Fax:
28512
Please check the appropriate box. The proposed permittee listed above is:
❑ HOA or POA (Attach documentation showing that the HOA or POA owns, controls, or has a
recorded easement for all areas that contain stormwater system features. Print name of HOA or
POA in #1 above and provide name of HOA/POA's authorized representative in #2 above)
© The property owner
❑ Lessee (Attach a copy of the lease agreement and complete Property Owner Information on
page 4)
❑ Purchaser (Attach a copy of the pending sales agreement. Final approval of this transfer will be
granted upon receipt of a copy of the recorded deed)
❑ Developer (Complete Property Owner Information on page 4)
ECEIVE
AUG 31 2015
SSW N/O Change Rev24Sept2012 Page 1 of 4 BY: 0

III. REQUIRED ITEMS
A request to transfer a permit will not be approved by the Division of Water Quality (DWQ) unless all
of the applicable required items listed below are included with the submittal. Failure to provide the
listed items may result in processing delays or denial of the transfer.
1. This completed and signed form. This certification must be completed and signed by both the
current permit holder and the new applicant if this is a change of ownership.
2. Legal documentation of the property transfer to a new owner.
3. A copy of any recorded deed restrictions, covenants, or easements, if required by the permit.
4. The designer's certification (DWQ Engineer and Designer Certification Forms are available from
each DWQ Regional office), if required by the permit and if not already submitted to DWQ.
5. If the proposed permittee is a firm, partnership, association, institution, corporation, limited liability
company, or other corporate entity, provide documentation showing the authority of the named
representative to act on behalf of the proposed permittee.
6. The $40.00 processing fee. If this is an initial transfer from the original permittee the processing
fee is not required. Subsequent ownership transfers will require the $40.00 processing fee.
IV. CURRENT PERMITTEE'S CERTIFICATION
Please check one of the following statements and fill out the certification below that statement.
❑ Check here if the current permittee is only changing his/her/its name, the project name, or mailing
address, but will retain the permit. I, , the current
permittee, hereby notify the DWQ that I am changing my name and/or I am changing my mailing
address and/or I am changing the name of the permitted project. I further attest that this application
for a name/ownership change is accurate and complete to the best of my knowledge. I understand
that if all required parts of this application are not completed or if all required supporting information
and attachments listed above are not included, this application package will be returned as
incomplete.
® Check here if current permittee is transferring the property to a new owner and will not retain
ownership of the permit.
Walter D. Brady , the current permittee, am submitting this application
for a transfer of ownership for permit # sws Os0952 . I hereby notify DWQ of the sale or
other legal transfer of the stormwater system associated with this permit. I have provided a copy of
the most recent permit, the designer's certification for each BMP, any recorded deed restrictions,
covenants, or easements, the DWQ approved plans and/or approved as -built plans, the approved
operation and maintenance agreement, past maintenance records, and th yiu�,t recr�
stormwater inspection report to the proposed permittee named in Section and V of thi f I
further attest that this application for a name/ownership change is accura nd complete to t best
of my knowledge. I understand that if all required parts of this application not completed or i all
required supporting information and attachments listed above are not incl ed, this application
LDWIQ—
package will be returned as incomplete. I assign all rights and obligations M permittee tcthe
proposed permittee named in Sections II and V of this form. I understand that this transfer of
ownership cannot e ap e by t WQ unless and until the facility is in compliance with the
permit. C�
Signature: Date:
I,r� �X , a Notary Public for the State of
County of _tcu ft% t , do hereby certify that
personally appeared before me this the
2g day of ki1Q1��5T , 20Jf)_, and acknowledge the due execution of the
Illllff/
for ing instrument. Witness my hand and official seal, ,,,`��I�
1� F
o ary Signature�p-T A R Y o'
"� 11-I 19-2019 x
PU,BLIG
v
SSW N/O Change Rev24Sept2012 Page 2 of 4

V. PROPOSED PERMITTEE CERTIFICATION: (This section must be completed by the
Proposed Permittee for all transfers of ownership)
I, James H. P. Bailey, Jr , hereby notify the DWQ that I have acquired
through sale, lease or legal transfer, the responsibility for operating and maintaining the permitted
stormwater management system, and, if applicable, constructing the permitted system. I
acknowledge and attest that I have received a copy of: (check all that apply to this permit)
X❑ the most recent permit
❑ the designer's certification for each BMP
❑ any recorded deed restrictions, covenants, or easements
® the DWQ approved plans and/or approved as -built plans
X❑ the approved operation and maintenance agreement
❑past maintenance records from the previous permittee (where required)
DWQ stormwater inspection report showing compliance within 90 days prior to this transfer
I have reviewed the permit, approved plans and other documents listed above, and I will comply with
the terms and conditions of the permit and approved plans. I acknowledge and agree that I will
operate and maintain the system pursuant to the requirements listed in the permit and in the
operation and maintenance agreement. I further attest that this application for a name/ownership
change is accurate and complete to the best of my knowledge. I understand that if all required parts
of this application are not completed or if all required supporting information and attachments listed
above areAnoincludedds applic n package will be returned as incomplete.
SignatureDate:
a Notary Public for the State of
County of ca Yltyef , do hereby certify that
V�/?j 1�• 17' -k P11 , o)y personally appeared before me this the
2g day of kun 600 , 201,, and acknowledge the due, filF ution of the
forgoing instrument. Witness my hand and official seal, `aN,�� a F 0$y�!����'
(Notar�'�e 0 T A R y o
ilotaary Signature _ J 11-1U-201q x
PumA
� , Now. *_
00K
Additional copies of the original permit and the approved Operation and MaintenancJ agreement can
be obtained from the appropriate Regional Office of the Division of Water Quality.
This completed form, including all supporting documents and processing fee (if required), should be
sent to the appropriate Regional Office of the North Carolina Department of Environment and Natural
Resources, Division of Water Quality, as shown on the attached map.
Please note that if the Proposed Permittee listed above is not the property owner, the property owner
must complete and sign page 4 of this document. Both the lessee / developer and the property
owner will appear on the permit as permittees.
iECEIVE
AUG 31 206
SSW N/O Change Rev24Sept2012 Page 3 of 4 BY:

VI. PROPERTY OWNER CONTACT INFORMATION AND CERTIFICATION
If the Proposed Permittee listed in Sections 11 and V of this form is not the Property Owner, the
Property Owner must provide his/her Contact Information below and sign this form:
Printed Name:
Organization:
Title within the Organization:
Street Address:
City:
Mailing Address:
City:
Phone:
State:
(if different from street address)
State:
Fax:
Zip:
Zip:
Email:
I certify that I own the property identified in this permit transfer document and have given permission
to the Proposed Permittee listed in Sections II and V to develop and/or, lease the property. A copy
of the lease agreement or other contract, which indicates the party responsible for the construction
and/or operation and maintenance of the stormwater system, has been provided with the submittal.
As the legal property owner I acknowledge, understand, and agree by my signature below, that I will
appear as a permittee along with the lessee/developer and I will therefore share responsibility for
compliance with the DWQ Stormwater permit. As the property owner, it is my responsibility to notify
DWQ by submitting a completed Name/Ownership Change Form within 30 days of procuring a
developer, lessee or purchaser for the property. I understand that failure to operate and maintain the
stormwater treatment facility in accordance with the permit is a violation of NC General Statute
(NCGS) 143-215.1, and may result in appropriate enforcement action including the assessment of
civil penalties of up to $25,000 per day, pursuant to NCGS 143-215.6.
Signature of the property owner
County of
Date:
a Notary Public for the State of
do hereby certify that
personally appeared before me this the
day of , 20 , and acknowledge the due execution of the
forgoing instrument. Witness my hand and official seal,
Notary Signature
(Notary Seal)
ECEIV
AUG 3 12015
BY:
SSW N/O Change Rev24Sept2012 Page 4 of 4

NORTH CAROLINA. CARTERET COUNTY
This Instrument and Ylis Tioett are duly 01 at
n
the data and time and h e Book and Page t
on the first page reef. �•�
W�
..mDwa, a
RU 114313
FOR REGISTRATION REGISTER OF DEEDS
JaY L.u.nq.
Grtta+ntk:1NG
Del e�aber 21,e W912 63 PR
LDL DEED 5 p
FEE: sn' Be
NC RES E STW: $2.538. 09
FILE 11431296
NORTH CAROLINA SPECIAL WARRANTY DEED
Excise Tax: $2,530.00
/ Real Estate IAentiifier No.: (p 5q5W. (oq. U559 000
J Return to: 6 ti
Prepared by: Monroe Wallace Law Group, 3225 Blue Ridge Rd. Suite 117, Raleigh, NC 27612
(Without title examination or tax advice)
Brief description for the Index: 12+/- Ac., Radio Island, Carteret County
THIS DEED is made this 1 lth day of December, 2012, by and between
GRANTOR
Oceanside Yacht Club Development, Inc.,
A North Carolina corporation
3225 Blue Ridge Road
Raleigh, NC 27612
�1
Oldl GRANTEE
51 G , 1:4 P rmc 0 n 94
M'IO1.lftii C QjWX-Vi, M
2BS12-
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.
WHEREAS, Oceanside Yacht Club Development, Inc. is the surviving entity of a merger which occurred
in or about July 2012.
WHEREAS, Robert E. Monroe was appointed Receiver for Oceanside Yacht Club Development, Inc., as
evidenced by a Notice of Receivership recorded in Book 1429, Page 364, Carteret County Register of
Deeds.
WHEREAS, "Property" or "Properties" shall individually and collectively mean those tracts and parcels
of land described on Exhibit A -I attached hereto and incorporated by reference herein.
WHEREAS, Grantor and Grantee hereby acknowledge and agree that the conveyance of the Property is
subject to the terms, conditions, exceptions and provisions set forth in Exhibit A-2attached hereto and
incorporated by reference herein.
WHEREAS, the Grantor, for a valuable consideration paid by the Grantee, the sufficiency and receipt of
which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey'unto the
Grantee in fee simple, that certain lot or parcel of land situated in the Town of Morehead City, Carteret
County, North Carolina and being described as follows:
BOOK f0l PAGE a9L
C III
AUK 3 � 2015

Set forth in Exhibit A-1 attached hereto and incorporated by reference herein.
A map showing the property described herein is recorded in Plat Book. Page
CarteretCounty Registry.
All or a portion of the property herein conveyed ❑ includes or ® 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.
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 parsons claiming
by, under and through Grantor, other than the following exceptions:
Set forth in Exhibit A-2, attached hereto and incorporated by reference herein.
IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above
written.
Oceanside Yacht Club Development, Inc.
By:
Robert E. Monroe, Receiver
STATE OF NORTH CAROLINA
COUNTY OF WAKE
I, a Notary Public of the aforesaid State and County, do hereby certify that Robert E. Monroe personally
appeared before me this day and acknowledged that he is Receiver for Oceanside Yacht Club
Development, Inc. and, being authorized to do so, acknowledged and voluntarily executed the foregoing
instrument for the purposes stated therein and in the capacity indicated.
WITNESS my hand and official stamp or seal, this 1_ day of December, 2012.
�,tNDE Fy
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(t Prin ame: u�Ket A- UAL A
[Notary Sta Se� My Commission Expires: I l { I ry
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lz_ Pi l6v�vrC''.
BOOK 1431 P PGE Aq4
0

EXHIBIT A-1
Radio Island Property
BEING located on Radio Island, Carteret County and consisting of twelve (12) acres, more or
less, more particularly described as follows:
Beginning at a point in the eastern right of way margin of Marine Drive, which point marks the
northwest comer of that .90 acre tract of property conveyed by the parties hereto to Carolina
Atlantic Seafood Enterprises, Inc., by deed dated October 30, 1997 and recorded in Deed Book
879, Page 364, Carteret County Registry. From said POINT AND PLACE OF BEGINNING,
North 01 00 East along the eastern right of way of Marine Drive, 400 feet to a point; thence
South 70 21 38 East 612.52 feet to a set iron rod; thence, North 52 23 East 200.95 feet to a
magnetic nail located in the bulkhead wall along Moulton Creek; running thence the following
courses and distances along the highwater mark of Moulton Creek; South 36 54 East 209.24 feet;
South 58 20 East 58 feet; South 41 30 East 71 feet; South 49 15 East 48 feet and South 78 00
East 48 feet to a point in the common line with the Piners (alf); thence South 0106 West 530.93
feet to a point being the northeast corner of that .80 acre tract of property conveyed to Carolina
Atlantic Seafood Enterprises, Inc., recorded in Deed Book 879, Page 364, Carteret County
Registry; thence North 64 00 West with the north line of the .80 acre traot a distance of 1,154.87
feet to the point and place of beginning, together with all riparian and littoral rights incident and
attached thereto.
Being the same property as depicted on that survey prepared by Lary C. Pittman, RLS entitled
"Sam Morgan Heirs" and dated May 12, 2003, reference to which is made for a more particular
description.
NOTE 1: The conveyance by Grantor of the above described property includes all right, title and
interest in and to any improvements (i.e. docks) that are located within the riparian access
corridor for the above described property, regardless of whether the same are physically attached
to said property.
NOTE 2: The conveyance by Grantor of their interest in this tract includes all of their right, title
or interest in and to "Morgan Lane Extension", as the same is depicted in Map Book 4, Page 75,
Carteret County Registry, but only to the extent the same is located within the bounds of this said
tract.
NOTE 3: The conveyance is made together with all right, title and interest of Grantor in that
certain conditional easement reserved in Deed recorded at Book 1010, Page 122, Carteret County
Registry.
NOTE 4: This conveyance is subject to that certain easement described at paragraph 7 of the
Settlement Agreement recorded at Book 816, Page 135, Carteret County Registry.
PAGE d T4

NOTE 5: This conveyance is subject to that certain Deed of Easement recorded at Book 1071,
Page 413, Carteret County Registry.
NOTE 6: This conveyance is further subject to all easements and rights -of -way of record,
including without limitation, utility easements and rights -of -way of record.
BOOK�.15(31 PAGE„ i
i

Exhibit A-2
Exceptions
1. Grantee's pro rata portion of 2012 ad valorem taxes and those for subsequent years, not yet due
and payable.
2. Grantee's pro rata portion of any owner or property association dues, expenses or fees for 2012
and those for subsequent years, not yet due and payable.
3. Easements, covenants and restrictions of record.
4. Rights of way to public roads and streets.
5. Grantor makes no representations regarding, and conveys the Property subject to, any hazardous
or toxic materials which may or may not be legally or illegally present or contained in, under or
on the subject Property or its waters, or any hazardous or toxic materials which may have
contaminated such Property or its waters in any way whatsoever.
6. Grantor is conveying the Property "AS IS, WHERE IS, WITH ALL FAULTS AND
LIMITATIONS". Grantee by acceptance of this Deed acknowledges that neither Receiver;
BB&T; John C. Pracht, IV, Auctioneer/Broker in Charge; Max Spann Real Estate & Auction
Co., Marketing Consultant; nor Grantor, or their respective employees, agents, officers or
contractors have made, nor make and specifically negate and disclaim any representations,
warranties, promises, covenants, agreements or guaranties of any kind or character whatsoever,
whether express or implied, oral or written, past, present, or future, of, as to, concerning or with
respect to: (a) the value, nature, quality or condition of the Property including, without
limitation, the water, soil and geology; (b) the suitability of the Property for any and all
activities and uses; (c) the habitability, merchantability, marketability, profitability or fitness
for a particular purpose of the Property; (d) the compliance of or by the Property or its
operation with any laws, rules, ordinances or regulations of any applicable governmental
authority or body; (e) the existence of any view from the Property or that any existing view will
not be obstructed in the future; or (f) any other matter with respect to the Property except as to
warranties of title included herein. Without limiting the generality of the foregoing, to the
extent applicable, Grantee acknowledges that Grantor's disclaimer of warranties,
representations or guaranties with respect to defects in the following items, or failures of the
following items to comply with applicable laws, was an integral part of the basis of the bargain
between the parties: (i) soil conditions, the presence of asbestos, lead -based paint, radon gas,
mold, mildew, spores or other microscopic organisms or hazardous materials, or any other
environmental matters, (ii) the availability of any public or private water and sewer systems or
any other utility or telecommunications connections; (iii) all structural components of
improvements if any (including foundations, retaining walls, columns, chimneys, floors, walls,
ceilings and roofs; (iv) the square footage of the land; (v) the ability to build upon the Property;
(vi) existence of wetlands; (vi) enforceability or viability of private easements and/or non -State
or City maintained rights of way, whether appurtenant, conditional, or to which the Property is
subject; and (vii) drainage conditions or evidence of excessive moisture.
7. Grantee further acknowledges through acceptance of this Deed that the further disclaimers and
releases, and the covenants and agreements contained in the Averment of ftrhase and Sale
between Grantor and Grantee regarding the Property survive the conveyance of the Property
hereby.
8. Ordinance to Annex recorded in Book 1164, Page 57, Carteret County Registry.
9. Riparian or littoral rights incident to any branches, creeks, streams or other waters coursing the
land.
10. Title to that portion of insured premises lying below the mean high water mark of Beaufort
Harbor.
11. Laws of the State of North Carolina or any other government agency relating to wetlands and/or
waterfront property.
BOOK_ 1,3at/ PAGE a 9G

State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STATE STORMWATER PERMIT NAME/OWNERSHIP CHANGE FORM
I. CURRENT PERMIT INFORMATION
1. Stormwater Management Permit Number: _ SW8 080952
2. Project Name: Oceanside Yacht Club
3. Current Permit Holder's Company Name/Organization: Oceanside Yacht Club Development Company, Inc.
4. Signing Official's Name: Walter D. Brady Title: President
5. Mailing Address: 5113 B. Highway 70 West
City: Morehead City State: NC Zip: 28557
6. Phone: ( 252
241-2780
Fax: ()
II. PROPOSED PERMITTEE / OWNER / PROJECT / ADDRESS INFORMATION
This request is for: (please check all that apply)
❑ Name change of the owner (Please complete Items 1, 2 and'3 below)
❑ Name change of project (Please complete Item 5 below)
x❑ Change in ownership of the property/company (Please complete Items 1, 2, 3, and 4 below)
❑ Mailing address / phone number change. (Please complete Item 4 below)
❑ Other (please explain):
1. Proposed permittee's company name/organization: Crystal Holdings, LLC
2. Proposed permittee's signing official's name: James H. P. Bailey, Jr
3. Proposed permittee's title: Member
4. Mailing Address: 517 East Fort Macon Road
City: Atlantic Beach State: NC Zip:
Phone: ( 252 241-1200 Fax: (
5. New Project Name to be placed on permit:
28512
Please check the appropriate box. The proposed permittee listed above is:
❑ HOA or POA (Attach documentation showing that the HOA or POA owns, controls, or has a
recorded easement for all areas that contain stormwater system features. Print name of HOA or
POA In #1 above and provide name of HOA/POA's authorized representative in #2 above)
© The property owner
❑ Lessee (Attach a copy of the lease agreement and complete Property Owner Information on
page 4)
❑ Purchaser (Attach a copy of the pending sales agreement. Final approval of this transfer will be
granted upon receipt of a copy of the recorded deed)
❑ Developer (Complete Property Owner Information on page 4)
ECEIVE
AUG 31 206
SSW N/O Change Rev24Sept2012 Page 1 of 4 BY:

III. REQUIRED ITEMS
A request to transfer a permit will not be approved by the Division of Water Quality (DWQ) unless all
of the applicable required items listed below are included with the submittal. Failure to provide the
listed items may result in processing delays or denial of the transfer.
1. This completed and signed form. This certification must be completed and signed by both the
current permit holder and the new applicant if this is a change of ownership.
2. Legal documentation of the property transfer to a new owner.
0. A copy of any recorded deed restrictions, covenants, or easements, if required by the permit.
4. The designer's certification (DWQ Engineer and Designer Certification Forms are available from
each DWQ Regional office), if required by the permit and if not already submitted to DWQ.
5. If the proposed permittee is a firm, partnership, association, institution, corporation, limited liability
company, or other corporate entity, provide documentation showing the authority of the named
representative to act on behalf of the proposed permittee.
6. The $40.00 processing fee. If this is an initial transfer from the original permittee the processing
fee is not required. Subsequent ownership transfers will require the $40.00 processing fee.
IV. CURRENT PERMITTEE'S CERTIFICATION
Please check one of the following statements and fill out the certification below that statement.
❑ Check here if the current permittee is only changing his/her/its name, the project name, or mailing
address, but will retain the permit. I, , the current
permittee, hereby notify the DWQ that I am changing my name and/or I am changing my mailing
address and/or I am changing the name of the permitted project. I further attest that this application
for a name/ownership change is accurate and complete to the best of my knowledge. I understand
that if all required parts of this application are not completed or if all required supporting information
and attachments listed above are not included, this application package will be returned as
incomplete.
❑x Check here if current permittee is transferring the property to anew owner and will not retain
ownership of the permit.
I, _ Walter D. Brady , the current permittee, am submitting this application
for a transfer of ownership for permit # SWs 080952 . I hereby notify DWQ of the sale or
other legal transfer of the stormwater system associated with this permit. I have provided a copy of
the most recent permit, the designer's certification for each BMP, any recorded deed restrictions,
covenants, or easements, the DWQ approved plans and/or approved as -built plans, the approved
operation and maintenance agreement, past maintenance records, and the most recent DWQ
stormwater inspection report to the proposed permittee named in Sections II and V of this form. I
further attest that this application for a name/ownership change is accurate and complete to the best
of my knowledge. I understand that if all required parts of this application are not completed or if all
required supporting information and attachments listed above are not included, this application
package will be returned as incomplete. I assign all rights and obligations as permittee to the
proposed permittee named in Sections II and V of this form. I understand that this transfer of
ownership cannot "e app- ed by t WQ unless and until the facility is in compliance with the
permit.
Signature: Date: l� I
I, uwYen e. &1y ffiX I , a Notary Public for the State of
i0' _ , County of eyle,V t , do hereby certify that
wa LAty t�YOL�(,f personally appeared before me this the
29 day of Pm 1Qab$ , 20 5 , and acknowledge the due execution of the
for ing instrument. Witness my hand and official seal, ����y►I1gt�
o ary Signature `a4��pTAR y�o�
=-cc tt-Ili-zotq ::
�-' pU• of
SSW N/O Change Rev24Sept2012 Page 2 of 4

V. PROPOSED PERMITTEE CERTIFICATION: (This section must be completed by the
Proposed Permittee for all transfers of ownership)
I, James H. P. Bailey, Jr , hereby notify the DWQ that I have acquired
through sale, lease or legal transfer, the responsibility for operating and maintaining the permitted
stormwater management system, and, if applicable, constructing the permitted system. I
acknowledge and attest that I have recelved a copy of: (check all that apply io this permit)
© the most recent permit
❑ the designer's certification for each BMP
❑ any recorded deed restrictions, covenants, or easements
® the DWQ approved plans and/or approved as -built plans
Fx-] the approved operation and maintenance agreement
1� past maintenance records from the previous permittee (where required)
�J DWQ stormwater inspection report showing compliance within 90 days prior to this transfer
I have reviewed the permit, approved plans and other documents listed above, and I will comply with
the terms and conditions of the permit and approved plans. I acknowledge and agree that I will
operate and maintain the system pursuant to the requirements listed in the permit and in the
Operation and maintenance agreement. I further attest that this application for a name/ownership
change is accurate and complete to the best of my knowledge. I understand that if all required parts
of this application are not completed or if all required supporting information and attachments listed
above are no included, t 's applic n package will be returned as incomplete.
Signature: Date: '61A9A5_ -
1, RO , a Notary Public for the State of
—,County of en Y ltyP k , do hereby certify that
Aft rr A .P. i nx Ifa a , 11V personally appeared before me this the
2g day of _kun 20_I_r? _, and acknowledge the due mecution of the
forgoing instrument. Witness my hand and official seal, F 0gy�r���
(Notars�t.q�a0OTAR Y p=
iotaary Signature _�v i�-It�-2oi9 x
PU'BLot
cc
Additional copies of the original ipermit and the a 'a p p approved Operation and Maintenancf'le agreement can
be obtained from the appropriate Regional Office of the Division of Water Quality.
This completed form, including all supporting documents and processing fee (if required), should be
sent to the appropriate Regional Office of the North Carolina Department of Environment and Natural
Resources, Division of Water Quality, as shown on the attached map.
Please note that if the Proposed Permittee listed above is not the property owner, the property owner
must complete and sign page 4 of this document. Both the lessee / developer and the property
owner will appear on the permit as permittees.
SSW N/O Change Rev24Sept2012 Page 3 of 4

VI. PROPERTY OWNER CONTACT INFORMATION AND CERTIFICATION
If the Proposed Permittee listed in Sections II and V of this form is not the Property Owner, the
Property Owner must provide his/her Contact Information below and sign this form:
Printed Name:
Organization:
Title within the Organization:
Street Address:
City:
Mailing Address:
City:
Phone:
Email:
State:
(if different from street address)
State:
Fax:
Zip:
Zip:
I certify that I own the property identified in this permit transfer document and have given permission
to the Proposed Permittee listed in Sections II and V to develop and/or, lease the property. A copy
of the lease agreement or other contract, which indicates the party responsible for the construction
and/or operation and maintenance of the stormwater system, has been provided with the submittal.
As the legal property owner I acknowledge, understand, and agree by my signature below, that I will
appear as a permittee along with the lessee/developer and I will therefore share responsibility for
compliance with the DWQ Stormwater permit. As the property owner, it is my responsibility to notify
DWQ by submitting a completed Name/Ownership Change Form within 30 days of procuring a
developer, lessee or purchaser for the property. I understand that failure to operate and maintain the
stormwater treatment facility in accordance with the permit is a violation of NC General Statute
(NCGS) 143-215.1, and may result in appropriate enforcement action including the assessment of
civil penalties of up to $25,000 per day, pursuant to NCGS 143-215.6.
Signature of the property owner Date:
County of
a Notary Public for the State of
do hereby certify that
personally appeared before me this the
day of , 20 , and acknowledge the due execution of the
forgoing instrument. Witness my hand and official seal,
Notary Signature
(Notary Seal)
SSW N/O Change Rev24Sept2012 Page 4 of 4

Ir®mpleteness ReviewChecklist"r
Project Name: Received Date: 2�05
Project Location: Accepted Date:
Ituie(s) E12668 Coastal 11 1995 Coastal Phase II (WiRO.) ID Universal 1988 Coastal
Type of Permit: New or/Mo-b or PR Existing Permit # (Mod or PR): � � � Sri PE Cert on File?
Density HD or LD Type: Commercial or Residential NCG:
%: (% OK?) Stream Class: SA Map Offsite to SW8
Subdivided?: Subdivision or Single Lot I MORW Map MExempt
Paperwork Ema'sled Engineer on:
Supplement(s) (1 original per BMP) BMP Type(s): A X
0&M with correct/original signatures (1 original per BMP except LS/VFS and swales) 113 /!Sr
application with correct/original signatures eed �Gu
rp or LLC: Sig. Auth. per SoS or letter Email Address: Design Engineer'
$505 (within 6mo) Email Address: Owner
Soils Report with SHWT "Note to Review • a;
Calculations (signed/sealed)
No obvious errors
Densi
ty includes common areas, etc
Deed Restrictions, if subdivided: l��-!t%�•�� o
Signed & Notarized
Correct Template (Comm -/Res & HD/LD) or Dec. Covenants & Rest.
Plans
1:12 Sets
Grading
®Vicinity Map
EDLegend
Infiltration
Soils Report
SHWT:
Bottom:
Visited:
Additional Information:
Permitted
BUA (sf)
DA (sf)
PP (el)
SHWT (el)
Depth (ft)
SA (sf)
®Details (roads, cul-de-sacs, curbs, sidewalks, BMPs, Buildings, etc)
Wetlands: Delineated or No Wetlands
Layout (proposed BUA dimensions)
DA Maps ®Project Boundaries
Wet Pond Offsite
Soils Report LJPE Cert for Master Lot #:
SHWT: Deed Rest for Master Lot # Matches Master
PP: BUA Permitted (Master): sf
BUA Proposed (Offsite): sf
Proposed: Proposed:

CA201409804082
SOSID: 1291149
Date Filed: 4/8/2014 9:37:00 AM
Elaine R Marshall
LEWTED LIABILITY COMPANY ANNUAL R1 North Carolina Secretary of State
CA2014 098 04082
NAME OF LIMITED LIABILITY COMPANY: Crystal Holdings, LLC
SECRETARY OF STATE ID NUMBER: 1291149 STATE OF FORMATION: NC FlingorirceUmor4
REPORT FOR THE YEAR: 2014
SECTION A: REGISTERED AGENTS INFORMATION Changes
1. NAME OF REGISTERED AGENT: James HP Bailey, Jr
2. SIGNATURE OF THE NEW REGISTERED AGENT:
SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT
3. REGISTERED OFFICE STREET ADDRESS & COUNTY 4. REGISTERED OFFICE MAILING ADDRESS
517 East Fort Macon Rd 517 East Fort Macon Rd
Atlantic Beach, NC 28512 Carteret Atlantic Beach, NC 28512
1. DESCRIPTION OF NATURE OF BUSINESS: Real Estate
2. PRINCIPAL OFFICE PHONE NUMBER: [phone] 3. PRINCIPAL OFFICE EMAIL:
4. PRINCIPAL OFFICE STREET ADDRESS & COUNTY 5. PRINCIPAL OFFICE MAILING ADDRESS
517 East Fort Macon Rd 517 East Fort Macon Rd
Atlantic Beach, NC 28512 Carteret Atlantic Beach, NC 28512
SECTION C: COMPANY OFF
NAME: Michael H. Burton
TITLE: Member
ADDRESS:
116 Pond Drive
Atlantic Beach, NC 28512
R& (Enter additional Company Officials/Organizers in Section E.)
NAME: W. Douglas Brady NAME: James H. Bailey Jr.
TITLE: Member
ADDRESS:
TITLE Managing Member
ADDRESS:
805 Front Street P.O. Box 7
Beaufort, NC 28516 Atlantic Beach, NC 28512
SECTION D: CERTIFICATION OF ANNUAL REPORT. Section D must be completed in its entirety by a person/business entity.
309"Iew,Q) 4,/Iy
I RE .0DATE
Form swat be signed by a Comp M OtrrNaYOrgenI;w Il Md under Sedot C of tlda ism.
PrintorType N of Co- "ny OftiaUOrganizK TITLE
SUBMIT THIS ANNUAL REST WITH THE REQUIRED FILING FEE OF 5200
MAIL TO: Secretory of State, Carnaratiorra Division, Post Office Boor 29525, Ra fth, NC 2762I3-0525

C201234100004
State of North Carolina
Department of the Secretary of State
Limited Liability Company
ARTICLES OF ORGANIZATION
SOSID: 1291149
Date Filed: 12/11/2012 8:43:00 AM
Elaine F. Marshall
North Carolina Secretary of State
C201234100004
Pursuant to §57C-2-20 of the General Statutes of North Carolina, the undersigned does hereby submit
these Articles of Organization for the purpose of forming a limited liability company.
1.
The name of the limited liability company is: Crystal Holdings, LLC
2. If the limited liability company is to dissolve by a specific date, the latest date on which the
limited liability company is to dissolve: (If no date for dissolution is specified, there shall be no
limit on the duration of the limited liability compaW)
The name and address of each person executing these articles of organization is as follows:
(State whether each person is executing these articles of organization in the capacity of a
member, organizer or both. Note: This document must be signed by all persons listed here).
W. Douglas Brady, Member, 517 east Fort Macon Rd, Atlantic Beach, NC 28512
Michael H. Burton, Member, 517 East Fort Macon Rd, Atlantic Beach, NC 28612
James H. P. Pou Bailey, Jr, Member, 517 East Fort Macon Rd, Atlantic Beach, NC 28512
4. The street address and county of the initial registered office of the limited liability company is:
Number and Street 517 East Fort Macon Rd
City, State, Zip Code Atlantic Beach, NC 28512 County Carteret
5. The mailing address, if different front the street address, of the initial registered office is:
6. The name of the initial registered agent is: James H. P. Bailey, Jr
7. Principal office information: (Select either a or b.)
a. Z The limited liability company has a principal office.
The street address and county of the principal office of the limited liability company is:
Number and Street 517 East Fort Macon Rd
City, State, Zip Code Atlantic Beach, NC 28512 CountyCarteret
The mailing address, if different from the street address, of the principal office of the corporation is:
b. ❑ The limited liability company does not have a principal office.
RECEIVE
AUG 31 2015
sw

C201234100004
8. Check one of the following:
(i) Member -managed LLC: all members by virtue of their status as members shall be
managers of this limited liability company.
(ii) Manager -managed L. . except as provided by N.C.+G.S. Section 57C-3-20(a), the
members of this limited liability company shall not be managers by virtue of their status as
members.
9. Any other provisions which the limited liability company elects to include are attached.
10. These articles will be effective upon filing, unless a date and/or time is specified:
This is the 5 day of December 12012
rwm-�%
1,
+as0 0 E MR M, A 1. Ma
-
. 1)00 alas Bm , kem bey -
Type or Print Name and Title
-Mk chaeL 14, - r t�J .r,r�. F,r'
jow—
� r
e ►
NOTES:
1. Filing fee is $125. This document must be filed with the Secretary of State.
CORPORATIONS DIVISION P.O_ Box 29622 RALEIGH, NC 27626-0622
(Revised January 2002) (Form L-01)
Instructions for Filing

ECEIVE
SEP 0 3 2015
BY:
EXHIBIT A-1
Radio Island Property
BEING located on Radio Island, Carteret County and consisting of twelve (12) acres, more or
less, more particularly described as follows:
Beginning at a point in the eastern right of way margin of Marine Drive, which point marks the
northwest comer of that .90 acre tract of property conveyed by the parties hereto to Carolina
Atlantic Seafood Enterprises, Inc., by deed dated October 30, 1997 and recorded in Deed Book
879, Page 364, Carteret County Registry. From said POINT AND PLACE OF BEGINNING,
North 01 00 East along the eastern right of way of Marine Drive, 400 feet to a point; thence
South 70 21 38 East 612.52 feet to a set iron rod; thence, North 52 23 East 200.95 feet to a
magnetic nail located in the bulkhead wall along Moulton Creek; running thence the following
courses and distances along the highwater mark of Moulton Creek; South 36 54 East 209.24 feet;
South 58 20 East 58 feet; South 41 30 East 71 feet; South 49 15 East 48 feet and South 78 00
East 48 feet to a point in the common line with the Piners (n/f); thence South 0106 West 530.93
feet to a point being the northeast comer of that .80 acre tract of property conveyed to Carolina
Atlantic Seafood Enterprises, Inc., recorded in Deed Book 879, Page 364, Carteret County
Registry; thence North 64 00 West with the north line of the .80 acre tract a distance of 1,154.87
feet to the point and place of beginning, together with all riparian and littoral rights incident and
attached thereto.
Being the same property as depicted on that survey prepared by Larry C. Pittman, RLS entitled
"Sam Morgan Heirs" and dated May 12, 2003, reference to which is made for a more particular
description.
NOTE 1: The conveyance by Grantor of the above described property includes all right, title and
interest in and to any improvements (i.e. docks) that are located within the riparian access
corridor for the above described property, regardless of whether the same are physically attached
to said property.
NOTE 2: The conveyance by Grantor of their interest in this tract includes all of their right, title
or interest in and to "Morgan Lane Extension", as the same is depicted in Map Book 4, Page 75,
Carteret County Registry, but only to the extent the same is located within the bounds of this said
tract.
NOTE 3: The conveyance is made together with all right, title and interest of Grantor in that
certain conditional easement reserved in Deed recorded at Book 1010, Page 122, Carteret County
Registry.
NOTE 4: This conveyance is subject to that certain easement described at paragraph 7 of the
Settlement Agreement recorded at Book 816, Page 135, Carteret County Registry.
BOO 1K� `_PAGE

i
NOTE 5: This conveyance is subject to that certain Deed of Easement recorded at Book 1071,
Page 413, Carteret County Registry.
i
NOTE 6: This conveyance is further subject to all easements and rights -of -way of record,
including without limitation, utility easements and rights -of -way of record.
BOOK AGE SIG

Exhibit A-2
Exceptions
1. Grantee's pro rata portion of 2012 ad valorem taxes and those for subsequent years, not yet due
and payable.
2. Grantee's pro rats. portion of any owner or property association dues, expenses or fees for 2012
and those for subsequent years, not yet due and payable.
3. Easements, covenants and restrictions of record.
4. Rights of way to public roads and streets.
S. Grantor makes no representations regarding, and conveys the Property subject to, any hazardous
or toxic materials which may or may not be legally or illegally present or contained in, under or
on the subject Property or its waters, or any hazardous or toxic materials which may have
contaminated such Property or its waters in any way whatsoever.
6. Grantor is conveying the Property "AS IS, WHERE IS, WITH ALL FAULTS AND
LIMITATIONS". Grantee by acceptance of this Deed acknowledges that neither Receiver;
BB&T; John C. Precht, IV, Auctioneer/Broker in Charge; Max Spann Real Estate & Auction
Co., Marketing Consultant; nor Grantor, or their respective employees, agents, officers or
contractors have made, nor make and specifically negate and disclaim any representations,
warranties, promises, covenants, agreements or guaranties of any kind or character whatsoever,
whether express or implied, oral or written, past, present, or future, of, as to, concerning or with
respect to: (a) the value, nature, quality or condition of the Property including, without
limitation, the water, soil and geology; (b) the suitability of the Property for any and all
activities and uses; (c) the habitability, merchantability, marketability, profitability or fitness
for a particular purpose of the Property; (d) the compliance of or by the Property or its
operation with any laws, rules, ordinances or regulations of any applicable governmental
authority or body; (e) the existence of any view from the Property or that any existing view will
not be obstructed in the future; or (f) any other matter with respect to the Property except as to
warranties of title included herein. Without limiting the generality of the foregoing, to the
extent applicable, Grantee acknowledges that Grantor's disclaimer of warranties,
representations or guaranties with respect to defects in the following items, or failures of the
following items to comply with applicable laws, was an integral part of the basis of the bargain
between the parties: (i) soil conditions, the presence of asbestos, lead -based paint, radon gas,
mold, mildew, spores or other microscopic organisms or hazardous materials, or any other
environmental matters, (ii) the availability of any public or private water and sewer systems or
any other utility or telecommunications connections; (iii) all structural components of
improvements if any (including foundations, retaining walls, columns, chimneys, floors, walls,
ceilings and roofs; (iv) the square footage of the land; (v) the ability to build upon the Property;
(vi) existence of wetlands; (vi) enforceability or viability of private easements and/or non -State
or City maintained rights of way, whether appurtenant, conditional, or to which the Property is
subject; and (vii) drainage conditions or evidence of excessive moisture.
7. Grantee further acknowledges through acceptance of this Deed that the further disclaimers and
releases, and the covenants and agreements contained in die Agreement of Purchase and Sale
between Grantor and Grantee regarding the Property survive the conveyance of the Property
hereby.
8. Ordinance to Annex recorded in Book 1164, Page 57, Carteret County Registry.
9. Riparian or littoral rights incident to any branches, creeks, streams or other waters coursing the
land.
10. Title to that portion of insured premises lying below the mean high water mark of Beaufort
Harbor.
11. Laws of the State of North Carolina or any other government agency relating to wetlands and/or
waterfront property,
gO()K 1 V3l PACE

NORTH CAROLINA. CARTERET COUNTY
Ttis Instrument and We Date are duhl n t
the date and time and In a Book and Page o
on the fast pa99 reef.
1111111111
FILE 1143 &
FOR RE@LETRRTIDR aEDISTER OF DEEDa
a�i°yt pur. rac
0000 er 21, 312 �3:46:93 PR
LM DEED 5 P
FEE: US.Be
NC RME STMP: $2,530.N
FILE # 1431296
NORTH CAROLINA SPECIAL WARRANTY DEED
Excise Tax: $2,530.00
JReal Estate 1 entifier No.: Ld � W, L1q. t, 9559 000
Return to: 164 C-1
Prepared by: Monroe Wallace Law Group, 3225 Blue Ridge Rd. Suite 117, Raleigh, NC 27612
(Without title examination or tax advice)
Brief description for the Index: 12+1- Ac., Radio Island, Carteret County
THIS DEED is made this 11 th day of December, 2012, by and between
GRANTOR Cr I GRANTEE
51
Oceanside Yacht Club Development, Inc., G Pod.
Lt.G
, P. l7 Rd
A North Carolina corporation 3225 Blue Ridge Road Q ptaZIA I M
Raleigh, NC 27612 2$5a
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.
WHEREAS, Oceanside Yacht Club Development, Inc. is the surviving entity of a merger which occurred
in or about July 2012.
WHEREAS, Robert E. Monroe was appointed Receiver for Oceanside Yacht Club Development, Inc., as
evidenced by a Notice of Receivership recorded in Book 1428, Page 364. Carteret County Register of
Deeds.
WHEREAS, "Property" or "Properties" shall individually and collectively mean those tracts and parcels
of land described on Exhibit A-1 attached hereto and incorporated by reference herein.
WHEREAS, Grantor and Grantee hereby acknowledge and agree that the conveyance of the Property is
subject to the terms, conditions, exceptions and provisions set forth in Exhibit A-2attached hereto and
incorporated by reference herein.
WHEREAS, the Grantor, for a valuable consideration paid by the Grantee, the sufficiency and receipt of
which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey -unto the
Grantee in fee simple, that certain lot or parcel of land situated in the Town of Morehead City, Carteret
County, North Carolina and being described as follows:
BOOK ift PAGE 994

Set forth in Exhibit A -I attached hereto and incorporated by reference herein.
A map showing the property described herein is recorded in Plat Book-----. Page
CarteretCounty Registry.
All or a portion of the property herein conveyed ❑ includes or ® does not include the primary residence
of a Grantor.
TO HAVE AND TO HOLD the aroresara 10L ui 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 and through Grantor, other than the following exceptions:
Set forth in Exhibit A-2, attached hereto and incorporated by reference herein.
IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above
written.
Oceanside Yacht Club Development, Inc.
By,y (SEAL)
Robert E. Monroe, Receiver
STATE OF NORTH CAROLINA
COUNTY OF WAKE
1, a Notary Public of the aforesaid State and County, do hereby certify that Robert E. Monroe personally
appeared before me this day and acknowledged that he is Receiver for Oceanside Yacht Club
Development, Inc. and, being authorized to do so, acknowledged and voluntarily executed the foregoing
instrument for the purposes stated therein and in the capacity indicated.
WITNESS my hand and official stamp or seal, this _ _ day of December, 2012.
11DJ1
Jv� Oq A R y Nota ubli
Printe Namee :
My Commission Expires: L O + (q 1I i
[Notary Stam6SQ I
.i°U6�'.a'�'
BOOK 1431 PAGE A%

N/F
RADIO ISLAND INVESTMENTS. LLC
ZONED PI
N/F
RADIO ISLAND RENTAL PROPERTY. LLC
ZONED PI
N/F
NC STATE PORT AUTHORITY
ZONED PM
CLASS SA
r 0•G,
'"
6, c C'
q
SHARED PARKI

Soles VepoP�k
.910'reim'I x4amll Ope yff
.7805 rr7 UfflIAVille 4"'Ime 964e /5
9NF/)ti�a,alai., AV 2840.3
DATE: June 18, 2008
�ivr�sh.�v»a�ala,� �oo7aac�la�a/A
Mad/ Call'ee Son, 2522
�71�uGisat�a aia, Jlr fi�a 9ah Aza, 284092
EFCEiiiE
SEP 0 3 2015
BY:_
49PNO ae: 9/0-4552-000!
,$tag:: 9 /0-452- 006.0
'ramie. Irazorya.loot
SUBJECT: Preliminary land & soils evaluation of the Brady- Radio Island Tract (-6 acres west portion) to
determine general usability with infiltration stormwater treatment usage and general land types.
Tract located NE of Marine Drive & Olde Towne Yacht Club Drive intersection, Radio Island,
Morehead Township, Carteret County, N.C.
TO: Mr. Doug Brady
1722 River Drive
Morehead City, NC 28557 [phone]
The land & soils within the Brady- Radio Island Tract (N6 acres west portion) were evaluated on a preliminary
& qualitative basis to determine potential suitability for on -site infiltration stormwater treatment usage. Current
NCDENR-DWQ "Stormwater Management' rules and regulations (NCAC 15-2H-.1000) were used as
guidelines in making this evaluation.
When the proposed project is greater than 1 acre in size, has >25% impervious surfaces, is within 1/2 mile of,
and/or drains directly to Class S.A. Waters or their unclassified tributaries, stormwater must be treated by
infiltration basins or an equivalent alternative method. This tract appears to be geographically located less
than1/2 mile from Class S.A. and drains to S.A. Classified Waters (see USGS topo map). Thus on this tract,
stormwater should be managed through either low density development or infiltration treatment systems.
This tract is located on historic fill of sandy to loamy materials, that gently slope (0-2%) to the east towards
Bulkhead Channel which is classified as S.A. Waters. Elevations range from 0 ft- <10 ft (amsl USGS topo).
Principle soil and site requirements for an infiltration system are: ---the infiltration system's bottom must be 2
ft or greater from the seasonal high water table; ---must be capable of complete draw -down within 5 days; -
4he soil's hydraulic conductivity must be >0.52 in/hr; ---recent fill material is not usable; —historic fill
materials (<1977) can be used if it meets the minimum site criteria stated above. The enclosed land & soils
map shows the various land/soil types found (see soils map).
Careful planning and design should be exercised to insure the usable soil areas are reserved for stormwater
infiltration treatment, and relatively preserved in their natural state. t!CDENR-DWQ Stormwater Section
should be contacted for a pre -planning conference and review of the site for their general concurrence and
stormwater management system being proposed before expending further time and monies. Soil logs can be
provided upon request.
. `�
Larry F. Baldwin, CPSS/SC ARCPACS #2183; NCLSS #1040

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Image courtesy 2004 Microsoft Corporation•
of the U.S. Geological Survey
Terms of Use Privacy Statement
http:f/terraserver-usa.com/PrintImage.aspx?T=2&S=11&Z=18&X=865&Y=9606&W=1 &... 6/26/2008

PRELIL]INARY LAND & SOILS MAP OF THE BRADY - RADIO ISLAND TRACT
FOR POTENTIAL STOWWATER INFILTRATION USABILITY
Radio Island East Area - Morehead Township - Carteret County - North Carolina
NOT TO SCALE
(all lines paced & approximate)
JUNE - 2008 j
o --
C 'h
Not Evaluated
a
This is a qualrtatm soils evaluation
for preliminary planning purposes. Any
pormit approvals may regUie additional
soil 8 site evaluations, andlor regukitory
concurrences with these Wings.
Deep +7U sandy historic fill soils for potential stormwater infiltration usage. Estimated seasonal high
water table +36 - 46". Estimated permeability 5 -10 min/in (+6 -12 In/hr) to +70" depths.
Deep +70 sandy historic fill soils for potential stormwater infiltration usage. Estimated seasonal high
water table +24 - 36". Estimated permeability 5 -10 min/in (+6 -12 in/hr) to +70" depths.
Deep +70' sandy historic fill soils for potential stormwater infiltration usage. Estimated seasonal high
water table +12 - 2e. Estimated permeability 5 -15 min/in (+4 -12 lnlhr) to +70" depths.
Moderately deep +60" mixed sandy historic fill soils for potential stormwater infiltration usage.
Estimated seasonal high perched water table +0 -15". Estimated permeabllty 10 -100 min in
(+0.6 - 6 in/hr) to +50" depths.
Open tidal waters of Bulkhead Channel classified as S.A. Water.
Land
Management
Group, Inc.

EEIVE,
SEP 0 3 2015
4
z -
n -
1 O
C
CD F
CD
� 9
u
0^

C201234100004
State of North Carolina
Department of the Secretary of State
Limited Liability Company
ARTICLES OF ORGANIZATION
SOSID: 1291149
Date Filed. 12/11/2012 8:43:00 AM
Elaine F. Marshall
North Carolina Secretary of State
C201234100004
Pursuant to §57C-2-20 of the General Statutes of North Carolina, the undersigned does hereby submit
these Articles of Organization for the purpose of forming a limited liability company.
1. The name of the limited liability company is: Crystal Holdings, LLC
2. If the limited liability company is to dissolve by a specific date, the latest date on which the
limited liability company is to dissolve: (If no date for dissolution is specified, there shall be no
limit on the duration of the limited liability company.)
3. The name and address of each person executing these articles of organization is as follows:
(State whether each person is executing these articles of organization in the capacity of a
member, organizer or both Note: This document must be signed by all persons listed here).
W. Douglas Brady, Member, 517 east Fort Macon Rd, Atlantic Beach, NC 28512
Michael H. Burton, Member, 517 East Fort Macon Rd, Atlantic Beach, NC 28512
James H. P. Pou Bailey, Jr, Member, 517 East Fort Macon Rd, Atlantic Beach, NC 28512
4.
5.
The street address and county of the initial registered office of the limited liability company is:
Number and Street 517 East Fort Macon Rd
City, State, Zip Code Atlantic Beach. NC 28512
County Carteret
The mailing address, if di ereni from the street address, of the initial registered office is:
6. The name of the initial registered agent is: James H. P. Bailey, Jr
7. Principal office information: (Select either a or b.)
a. Z The limited liability company has a principal office.
The street address and county of the principal office of the limited liability company is:
Number and Street 517 East Fort Macon Rd
City, State, Zip Code Atlantic Beach, NC 28512 County Carteret
The mailing address, if different fi m the street address, of the principal office of the corporation is:
b. ❑ The limited liability company does not have a principal office. M C c I VE
SEP 0 3 2015
BY:

C201234100004
8.
9.
10.
Check one of the following:
(i) Member-nwnaged LLC. all members by virtue of their status as members shall be
managers of this limited liability company.
✓ (ii) Manager -managed LLC: except as provided by N.C.G.S. Section 57C-3-20(a), the
members of this limited liability company shall not be managers by virtue of their status as
members.
Any other provisions which the limited liability company elects to include are attached.
These articles will be effective upon filing, unless a date and/or time is specified:
This is the 5 day of December , 20 12
i
ar.
1)00g145 13m k . Member
Tye or Print Name and Title
MOTES:
1. Filing fee is $125. This document most be filed with the Secretary of State.
CORPORATIONS DIVISION
(Revised Janwry 2002)
P.O. Box 29622
Instructions for Filing
RALEIGH, NC 27626-0622
(Form L-01)

Hall, Christine
From: Hall, Christine
Sent: Monday, August 31, 2015 4:11 PM
To: 'Ginger Turner'
Subject: RE: SW8 080952 Modification
Ginger,
F apologize; from your e-mail I didn't understand that you were also looking to submit a modification at the same
time. A transfer is considered a standalone permit action. If you are looking to modify the permit, that can be
submitted at the same time as the transfer but it will not be accepted until the site is found in compliance and the
permit is transferred. Also, for SW8 080952, any modification must consider and address the overlap with SW8 020529.
I don't have enough information to give you a solid answer on the soils. In general, if you are utilizing the same or
similar BMP designs in the same locations, then a new infiltration site visit is likely not needed.
Christine
Please note the new e-mail address and direct phone number
tnvirenmental Engineer
NC f.EKI Division of Enc,-Zy, M net ,'] and Land Re,, ource - State Storatwater Pro;.rcm
`_•.27 Carc!;na: Drivc Ext., Wilmington; NC 28405
Direr : t 10-?96-733E / A".a n: 910-796-721F / Fax: [phone] %christine.hallo)ncdenr.gov
http://portal.ncdenr.orpJweb/I r/sto rmwater
f mc.i/ correspondence to and frown ;h s address s subject to the Noah Cm ol'nr Pub!!.- Records ! ov,
cn ,rnoy be disclosed to thlyd parties unless the con,tent is E%enlpt by sta!ute or other regula Jon.
From: Ginger Turner fmailto:gturner@stroudengineer com]
Sent: Monday, August 31, 2015 3:10 PM
To: Hall, Christine
Subject: SW8 080952 Modification
Christine,
Since this project has a current permit with infiltration bmp's is an infiltration site visit required for this modification?
Thanks,
Ginger
From: Hall, Christine [ma ilto:Christine. Hall Ca ncdenr.gov]
Sent: Monday, August 24, 2015 4:47 PM
To: Ginger Turner
Subject: RE: Permit Name/Ownership Change Form
Ginger,
You will need to complete the Name/Ownership Change Form available on the DEMLR website. Complete Sections I, II
(this would be a change in ownership and the proposed permittee is the developer), IV, V, and VI. Original signatures
must be provided. Please be sure to provide the items listed in Section III.
Please let me know if I can be of additional assistance.

Hall, Christine
From: Hall, Christine
Sent: Monday, August 24, 2015 4:47 PM
To: 'Ginger Turner'
Subject: RE: Permit Name/Ownership Change Form
Ginger,
You will need to complete the Name/Ownership Change Form available on the DEMLR website. Complete Sections I, II
(this would be a change in ownership and the proposed permittee is the developer), IV, V, and VI. Original signatures
must be provided. Please be sure to provide the items listed in Section III.
Please let me know if I can be of additional assistance.
Christine
Please note the new e-mail address and direct phone number
0-trisdne (Ndso;i) Hai?
r;Wironmentt I "Engineer
N,-- DENR Division of::nergr, kllnera: and. Land ReSOLI• ces - State sturmwatE.r P; ogram
1.27 Cardinal DJve EA., Wilr cinQtci1, 14C 2E405
Di, ect.:9L0-796-7335' i',,G',:919-7.16'215,•'Fax:[phone]CC4/[e-mail]
http://portal.ncdenr.org/web/ir/stormwater
Er maii correspondence to c:wi firom i:!is address is subject to the Nc rth. Carr olinu Pvb, c Records Law
an r:7sy be disclosed to third parties unless the content is exempt by st^tute or other reguiation.
From: Ginger Turner [mailto:[e-mail]
Sent: Monday, August 24, 2015 4:14 PM
To: Hall, Christine
Cc: Johnson, Kelly
Subject: RE: Permit Name/Ownership Change Form
Thanks Kelly.
Christine will you please see my questions below. Thanks.
From: Johnson, Kelly [mailto:kelly.p.johnsonCalncdenr.gov]
Sent: Monday, August 24, 2015 3:37 PM
To: Ginger Turner
Cc: Hall, Christine
Subject: RE: Permit Name/Ownership Change Form
Ginger,
It looks like Christine (cc'd) has done an inspection out there. She may know more about what needs to be done out
there overall. Letter attached.
Thanks,
K)
From: Ginger Turner fmailto:gturnerastroudengineer.com]
Sent: Monday, August 24, 2015 2:15 PM

,To: Johnson, Kelly
Subject: Permit Name/Ownership Change Form
Kelly,
I am working on completing a transfer document for a project in Carteret County and I'm not sure what actually applies
to the project's situation. There is an existing permit (SW8 080952) which was issued to Oceanside Yacht Club
Development Company, Inc (Walter D. Brady as president). . No improvements were done to the property per the
permitted plans and now a totally new site plan is being proposed and a modification will be requested. Oceanside
Yacht Club Development Company, Inc no longer exists and now needs to be permitted under RIDCO, Inc. (Walter D.
Brady as president). Also the parcel is owned by Crystal Holdings, LLC. Will you please assist with how the form should
be completed and what needs to be included in the transfer submittal.
Thanks!
Ginger Turner, P.E.
Stroud Engineering, P.A.
107 B Commerce Street
Greenville, NC 27858
Office: [phone] ext 233
Fax: [phone]
Email Address: [e-mail]

STROUD ENGINEERING, P.A.
Hestron Plaza Two
151A Hwy. 24
Morehead City, NC 28557
[phone]
TO WrbENQ
WE ARE SENDING YOU ❑ Attached ❑ Under separate cover via
❑ Shop drawings ❑ Prints ❑ Plans
❑ Copy of letter ❑ Change order ❑
[URUCTIEQ 0IF
JOB N
L 1
ATTENTION
V
RE:
❑ Samples
the following items:
❑ Specifications
DESCRIPTION
NOVA
THESE ARE TRANSMITTED as checked below:
) l For approval
❑ For your use
❑ As requested
❑ For review and comment
❑ FORBIDS DUE
REMARKS
❑ Approved as submitted ❑ Resub —+ toftor royal
ElApproved as noted ElSubm copies for ibution
❑ Returned for corrections ❑ Return % cor �
❑■
❑ PRINTS RETURNED AFTER LOAN TO US
=�J.=
COPY TO
SIGNED:
If enclosures are not as noted, kindly notify us at once.

Kateland ir.'l. Kriiier
From: Adam M, Beaudoin - 4847
Friday, July 1% 'yD13 3.19 PM
TO., tirtaf (tiraffte wberrxforrent.com), Janie Figueroa ganieWnewbernforrentcorn)
Subjeft Parking at Cilde Towne
Attadmumts: SScanner113071211200.pcif
rna and Janie -
Attached are an aerial view of the property Where alde Tcaw�±e 1`aci,t Club; Irrc . („Yacht CIS") and Oltie TowneCondominium Homeowners, Association, Inc. ("Condominium") are located and a picture of the boundary of the
PmPerty subjected to the Condo ininium. Lang -story short, the Yacht aub Owns all of the property exi..ept for the
Portion upon which the Corrcfe mInium Building is located (excluding the adjacent parcel).
The Yacht Club acquired its property via Warranty Deed from Qlde Towne Development Co.
Developer") on March 35, 2000 (Book 878, Page 236 Carteret Count Register of Deeds). Corporation, Inc, ("Yacht Club
Towne Condominium Qevelapmen#, ! l.0 ("Condominium Cleve) y 8Then an June 6, 2003 Olde
the boundary line attachment by recording the Declaration fur "T carved Condomirr m whi h is recorded in Bo
p►''oAert1+ Pictured on
ok
997. at Page 63 of the Carteret County Register of De ("Condominium aedaratian„), As a practical matter; the Yacht
Club and/or Condominium would need to hire a surveyor in order to deterredaine the n"), A boundary lines t r,
r>n the grriund; but for purposes of our analysis rt is clear that the on they exist
Condominium is the POrt)On which is located under the Condominonl[Alm Building,, on of the property dedicated to the
As You know there is Deed For Cross Easements dated May 30, 2003 arraaing the Yacht C#ub, Yacht Club Developer, Condominium Qevefoper ("Cross Fasement") which, among other thin
ea rxrent rights to park benesth the Condominium Building anti glues s' Provides
members eloper, and
gs, provides members Of the Yacht Club with
On Yacht Club property. The Condotrrkrtum Developer conveYeci its es C Duller the Crass l: easement rights to park
Condominium when the property was dedicated to the COMCondominium. The Oros$ Casement to the
C14b and Condominium will spilt the mal nance
Article Vlf, Section € Of the Conclorninium ent of the entire t also provides that the Yacht
Declaration, parking areas 5t}�5tl. This is specifl"* detailed in
cast is apllt SO/S0 between the Yacht Club and Co Accordingly, it dogs not mother who owns the ndominium. Parking areas. the
FitrallV. "e Cross Easement provides that all parking is anon-t:xciusive fur use b both
Yacht Club members (i.e, neither the Yacht Club of Condominium corm have a '
entities me Y the Condom'"'" nmembers and
members fr-tnrrt u�t�g time parking areas), in addition the q p�i� spaces nor prevent either .
Prop" Will be in actors a with the t�errrrs and conditions and subject ser net maintenance that Declaration of Corvenarits, Conditions axrd It parking orr Yacht Ciub
237 Carteret County
oup Registerestrictions of Qide T errance as Contained.m tuts
of Deeds ("Yacht Club Declaration Yacht Club which is reco
accordance with the Condominium rid in Book 978, at Page
Declaration. ) d that liarkin�g on Condomirjirtrn property will be in
Article 1, Section 2 of the yacht Club Declaration
Assorlation. Acrdlpgiy► the portion of ttre defines "Common Area" as ail r+eai
C3ub. Article Vll, Secilati 1 of the Yacht parking lot owned fxopertjw Owned by the
Club Decia by the Yacht Club is common Area of the Yaot
formulate, publish and enforr. reasonable rules and lzrovfdesthe Yacht Nub's
liarki;ng lot. COnse .tientl regulations ` hard Qf Dims IV4h the power to
Y� the Yacht Club concerning the, Of the Co Parking lot. has sole avftffty to adopt rules concerning O the uses Area,
i cl t
including the
he

Article II, Section H. provides that the parking area underneath the Condominium Building is a Common Area of the
Condominium. Article IV, Section Cofthe Condominium Declaration allows the Board of Directors of the Condominium
to adopt reasonable rules and regulations regarding its Common Areas.
In summary, the Condominium can only adopt rules regarding the parking area underneath the Condominium Building
and the Yacht Club can only adopt rules regarding parking everywhere else, but neither the Yacht Club nor the
Condominium can prevent members from either entity from parking on their respective portions of the parking lot.
Please give me a call if you have any questions or want to discuss this matter further.
Yours truly,
Adam M. Beaudoin

( "or.n=t(:jIS Fmture Report
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Nelson, Christine
From: Ron Cullipher [[e-mail]]
Sent: Thursday, June 26, 2014 2:32 PM
To: Nelson, Christine
Cc: Ginger Turner
Subject: RE: Olde Towne Yacht Club - SW8 970917 and SW8 020529
HEY CHRISTINE, THANKS FOR THE REMINDER. GINGER IS CLOSE TO SUBMITTING FOR THE OCEANSIDE YACHT CLUB,
ONLY A COUPLE OF FINAL DECISIONS NEED TO BE MADE TO COMPLETE, WE WERE A LITTLE CLOSER BUT
IN WORKING WITH LINDA LEWIS ON SOME MODIFICATION ISSUES WE HAD TO BACK TRACK A LITTLE. THIS WILL
INCORPORATE THE PERMIT FOR THE TEMPORARY LAY DOWN AREA. I WILL ASK GINGER TO GIVE AN
UPDATED ESTIMATE.
ON THE OLDE TOWNE PROPER, WE ONLY HAVE ONE ISSUE THAT WE HAD TO RESOLVE AND HAVE STRUGGLED WITH
HOW TO HANDLE, IE THE OVERFLOW SWALES FROM THE OUTLET BOXES. I THINK I WILL ARRANGE TO TAKE
SOME PICTURES AND SHARE WITH YOU TO SEE IF YOU WOULD CONCUR WITH CERTIFYING THE WAY IT WAS BUILT. I
WILL TRY TO GET THOSE AND SEND TO YOU AND SHOW YOU THE ONLY ISSUE I HAVE. THAT PROJECT
WAS NOT DESIGNED BY US AND THE DRAWINGS ARE NOT VERY DETAILED BUT WE WANT TO MAKE SURE IF WE CERTIFY
THAT YOUR AGENCY IS OK.
AS ALWAYS, THANKS,RON
Ronald D. Cullipher, P.E.
Stroud Engineering, P.A.
Vice -President
151A Hwy 24
Morehead City, North Carolina 28557
Office 252.247.7479
Fax [phone]
From: Nelson, Christine[mailto:[e-mail]]
Sent: Wednesday, June 25, 201412:59 PM
To: Ronald Cullipher
Subject: Olde Towne Yacht Club - SW8 970917 and SW8 020529
Ron,
Your letter dated March 13, 2014 regarding SW8 970917, Olde Towne Yacht Club, indicated that the compliance issues
would be resolved in the next 90 days. Your March 13, 2014 letter for SW8 020529, Olde Towne Yacht Club, indicated
that a modified site plan was on track to be submitted in the April to May timeframe. Can you please update me on the
compliance status for these permits?
Thank you!
Christine
` Please note the new direct phone number "*
....,:;tine
Envirt nrnei-cl Znrint:ec
NC ,;gyls er, ni Erie. -Ty, ,3nd
C+ i;+:� Ex_..:`i!: ;in,tan; NIC 2.",=.05

4 1 ss-s En. `.; cc.; ? v.:," , '-.A::;::- �-�o and J'i�:)rr th-'s u.,� r,- subie.eci -.0 iiii? Alcirtj Cc., Pvt. lj"
bc: to n a rtios ow It ess t,,-,,2 cmiL'Ot i.F by stort I I Gt' C, .--I f—'- i &,w

Lewis,Linda
From: Lewis,Linda
Sent: Tuesday, May 13, 201412:59 PM
To: 'Ginger Turner'; 'Ron Cullipher'
Cc: Scott. Georgette; Brownlow, Roy; Bennett, Bradley
Subject: Oceanside Yacht Club SW8 080952
Ginger & Ron:
After much discussion with central office staff regarding this issue here are our recommendations:
1. Due to the significant changes to the proposed project, the current 2008 rules are applicable. We base this
decision on the following: a) The proposed low density project is not vested to the 1995 stormwater rules
because it was not approved by the local government prior to the implementation of the October 1, 2008
coastal rules; b) the previously permitted project was not built. It is not possible to approve a completely new
proposed low density project as a "minor modification" to an unbuilt project under the 2008 rules. The
minor/major modification language in the 2008 rules was intended to convey information on how to deal with
modifications to existing projects, not to permit a completely new project. I acknowledge that this is different
than what I told you in February. I stand corrected.
2. Since the receiving waters will be classified as SC once the marina basin is excavated, the project would be
limited to 24% for low density. The current proposed project is 30%, which is high density under the 2008 rules.
If the proposed pervious pavement is designed to detain/infiltrate all of the project's BUA the project could still
be permitted as currently proposed, but the permit would be a high density permit instead of a low density
permit.
3. 1 assume you will need a CAMA Major permit for the excavation of this proposed marina basin connected to SA
waters. Under the stormwater rules, a vegetated buffer is not required for newly excavated marina basins that
require a CAMA Major permit. However, DCM has indicated that their 30' CAMA buffer is still required around
the excavated basin, as is shown on your preliminary plan.
Thanks for the opportunity to look up this information for you and your client. If you have any questions, please let me
know and I'll do my best to address them as quickly as possible.
Linda Lewis
Environmental Engineer III
Division of Energy, Mineral and Land Resources
Wilmington Regional Office
127 Cardinal Drive Ext.
Wilmington, NC 28405
Main Office — 910-796-7215
Direct Line — 910-796-7343
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to
third parties.

Lewis,Linda
From:
Lewis,Linda
Sent:
Friday, May 09, 2014 6:17 PM
To:
'Ginger Turner'
Cc:
'Ron Cullipher'
Subject:
RE: Upland (Manmade) Marinas and '95 Low Density Rules
Ginger -
We're still in the fact-finding stage. One of the main questions we have for you is about density. Any calculation of
density (12%, 24%, 25% or 30%) would necessarily be based on a project area that excluded the proposed water surface
of the marina basin. We just want to confirm that you have taken this into consideration in regard to the proposed site
plan because it looks to be much more than 30% impervious.
Thanks,
Linda
From: Ginger Turner fmailto:gturner0stroudengineer.coml
Sent: Thursday, May 08, 2014 10:37 AM
To: Lewis,Linda
Cc: 'Ron Cullipher'
Subject: Upland (Manmade) Marinas and '95 Low Density Rules
Linda,
Has this request been sent to Raleigh for review given the information I provided last week? Did you decide if the project
was vested under the 95 rules?
We are anxious to begin designing this project but need the clarification so we know which way to proceed.
Thanks,
Ginger
From: Ginger Turner[mailto:gturnerCa�stroudengineer.com]
Sent: Wednesday, April 30, 2014 9:09 AM
To: 'Lewis,Linda'
Cc: '[e-mail]'
Subject: RE: Upland (Manmade) Marinas and '95 Low Density Rules
The owners are the same just a different company name (Oceanside Yacht Club Inc to Crystal Holdings LLC). I have
attached a copy of the previously approved site for comparison. The new proposal will not have a dry stack storage and
will be replaced with a larger boat basin, modified residential structures and parking layout. Please let me know if you
need additional information.
From: Lewis,Linda [mailto:Iinda.lewis0ncdenr.c1
Sent: Tuesday, April 29, 2014 4:47 PM
To: Ginger Turner
Subject: RE: Upland (Manmade) Marinas and '95 Low Density Rules
That's beyond the scope of my expertise and I would need a lot of help from Raleigh and a lot more information about
the existing permit and whether or not any "vesting" to the old rules would be allowed in the first place.

The current 2008 rules describe how modifications to existing permits issued under a different rule will be handled. First
and foremost, does the current owner of this new project own the original permit? Has it been transferred, or is the
original permittee still the owner? Vested rights to revise a permitted development scheme under an older stormwater
rule go to the owner of the original permit, not to a new owner.
What exactly are the proposed changes to the original approved plan that you are making?
Linda
From: Ginger Turner [mailto:[e-mail]
Sent: Tuesday, April 29, 2014 4:25 PM
To: Lewis,Linda
Cc: 'Ron Cullipher'
Subject: Upland (Manmade) Marinas and '95 Low Density Rules
Linda,
I have a site I am currently designing which includes the construction of an upland marina. 15A NCAC 2B .301(i)(1)(c)
states that these dredged waters would be classified as SC. Most of the drainage area of the project will drain toward
the basin (minus a small portion shown on the attached). I need verification if the portion draining to the basin will be
allowed the 30% impervious for low density consideration. This new plan will modify an existing permit.
Ginger Turner, P.E.
Stroud Engineering, P.A.
107 B Commerce Street
Greenville, NC 27858
Office: [phone] ext 233
Fax: [phone]
Email Address: [e-mail]

Lewis,Linda
From: Lewis,Linda
Sent: Friday, May 09, 2014 4:37 PM
To: Dumpor, Samir; Vinson, Scott; Bennett, Bradley, Lucas, Annette; Scott, Georgette
Cc: Thorpe, Roger; Moore, Bill; Mcclain, Pat
Subject: RE: Upland (Manmade) Marinas and '95 Low Density Rules
Understood. I'm not sure if the fact that the previously permitted project is changing so drastically, that it warrants
having to meet a new rule. If we can back that up in the rule, I'd go for it.
But, I too, have a lot of heartburn with a project being within 1/2 mile, and ultimately draining to SA via an SC marina
basin that is directly connected to SA waters. It is a bitter pill, but that is the way the rules read. Not sure that was what
was intended, but that is the way it reads.
From: Dumpor, Samir
Sent: Friday, May 09, 2014 2:35 PM
To: Lewis,Linda; Vinson, Scott; Bennett, Bradley; Lucas, Annette; Scott, Georgette
Cc: Thorpe, Roger; Moore, Bill; Mcclain, Pat
Subject: RE: Upland (Manmade) Marinas and '95 Low Density Rules
Linda,
You are correct. Since there is no increase in built -upon area or change in BMP, this would be technically considered as a
minor modification, however, what Scott and I were thinking when we said Major Modification is actually that the
proposed project is substantially different then the originally permitted one, hence the vested rights would not apply for
it, meaning that the modification would be issued under the new rules (24%). We also know about recent changes to
the applicability of SA rules for newly excavated basins and SC classification that they receive, it is just hard pill to
swallow for us.
Thanks
Samir
Samir Dumpor, P.E., Environmental Engineer
Division of Energy, Mineral, and Land Resources
Land Quality Section
Washington Regional Office
North Carolina Department of Environment and Natural Resources
[phone] Office
[phone] Fax
Email correspondence to and from this address may be subject to the North Carolina Public Records Law
and may be disclosed to third parties unless the content is exempt by statute or other regulation
From: Lewis,Linda
Sent: Friday, May 09, 2014 11:50 AM
To: Vinson, Scott; Bennett, Bradley; Lucas, Annette; Scott, Georgette; Dumpor, Samir
Cc: Thorpe, Roger; Moore, Bill; Mcclain, Pat
Subject: RE: Upland (Manmade) Marinas a.nd '95 Low Density Rules
Hey back to Samir (with a very southern accent!!)

I have to respectfully disagree that this change would be a major mod. In order to be a major mod under the 2008 rules,
the project would either have to be increasing its BUA or enlarging its permitted BMP's. It doesn't propose to do either.
It's only going from high density to low density - the BUA is decreasing and the BMP's are going away. I did a similar one
a year or so ago — went from a permitted high density with treatment to 25% low density — that one was within % mile
of SA (no proposed marina basin), but I followed the same procedure that I am outlining here.
None of the project has been constructed that I know of. The individual who was manager of the original LLC (Doug
Brady) is also manager of the proposed new LLC owner. It is technically a different owner. I understand about the
compliance shell game that companies like to play, but as long as the state allows permits to be issued to LLC's, it's our
reality to deal with.
If the marina basin is excavated it would be classified SC. For SA rules to apply, the project ust be with ni' Y mile of SA�
waters (yes) and draining to SA waters (no) or to an unnamed tributary of SA waters (no). Because of the intervening
class SC basin, I don't think we can apply the SA requirements, even if the SC basin is directly connected to SA waters. I
think the call would be different if the basin were an unnamed tributary, but the intervening SC makes it difficult. Kati.
c331
If this were a proposed project that had never been permitted before, but had a valid, unexpired a
p p p l p p approved development G1A
plan from a local government dated prior to October 1, 2008, then I would acknowledge their vested right (the approved
plan) and allow them to develop under the rule that was in place at the time. But because we have an existing permit,
and we have a process in the 2008 rules to deal with modifications to that permit, I think we just need to focus on
whether this would be a minor or a major modification and go from there. There is no vested right to consider, unless
the applicant can produce an approved site plan from the local government that reflects the proposed low density
project.
I agree that the proposed upland area looks very dense to me. I have a feeling that the consultant may have used the
entire project area, basin included, to figure how much BUA that 30% equated to. Once I can review the project area
numbers in the file, I will ask that question of Ms. Turner.
LL
From: Vinson, Scott
Sent: Friday, May 09, 2014 9:52 AM
To: Bennett, Bradley; Lewis,Linda; Lucas, Annette; Scott, Georgette; Dumpor, Samir
Cc: Thorpe, Roger; Moore, Bill; Mcclain, Pat
Subject: RE: Upland (Manmade) Marinas and '95 Low Density Rules
Linda,
From what I remember during our discussions immediately after the 2008 rule change on what constituted a Major vs
Minor modification and what is and is not vested, going from a HD Commercial project to a LD residential project like
what is shown here would constitute a Major modification as specified within SL2008-211. The projects are completely
different and we would require the new project to meet the new rules (12% for SA projects). How much of the
previously permitted upland BUA has already been constructed, if any?
If they are digging a marina basin which may be deemed classified as an unnamed SC water body, but the immediate
receiving stream of that the basin is classified as SA, then historically we would apply the SA requirements for that
project (which means 12% for new LD projects).
If they don't have local approvals for the LD residential development, then they most likely don't remain vested and
would fall under the 12% LD threshold. In addition, wouldn't we consider two different LLCs/Inc. as two different
owners regardless of the fact that the principles may be similar or the same. Just think that in the case with non-
compliance issues, owners could easily play the different ownership cards to get around the rules. I don't think that
vested rights go with the individuals, but the companies. So if the project has changed this dramatically and the
ownership has changed, how can we give them vested rights at this point.
2

I agree with Bradley's comment/question that this does not even look like 30% bua, especially now that the basin has
been extended, thereby creating new surface waters and reducing the project area.
Just my 2 cents worth, scratch that..... just my 1 cent worth now that HR squeezed me out of SW, O
Scott
P.S.
Samir says "Hey Y'ALL"............ but with an European accent on y'all!
SCOTT VINSON
ENVIRONMENTAL ENGINEER
WATER QUALITY REGIONAL OPERATIONS SECTION
DIVISION OF WATER RESOURCES
NC DEPARTMENT OF ENVIRONMENT & NATURAL RESOURCES
943 WASHINGTON SQUARE MALL
WASHINGTON, NC 27889
DIRECT:[phone]
OFFICE:[phone]
*E-mail correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third
parties unless the content is exempt by statute or other regulation.
From: Bennett, Bradley
Sent: Thursday, May 08, 2014 12:53 PM
To: Lewis,Linda; Lucas, Annette; Scott, Georgette; Vinson, Scott
Subject: RE: Upland (Manmade) Marinas and '95 Low Density Rules
Linda,
Are they really going to be 30%? Given all the area now in the basin.
RR
Bradley Bennett
Stormwater Permitting Program Phone: [phone]
NC Division of Energy, Mineral and Land Resources Fax: [phone]
1612 Mail Service Center Email: bradlev.bennettCa7ncdenr.gov
Raleigh, NC 27699-1612 Web: htto://Dortal.ncdenr.o[g/web/Ir/stormwater
Email correspondence to and from this address may be subject to public records laws
From: Lewis,Linda
Sent: Thursday, May 08, 2014 12:08 PM
To: Bennett, Bradley; Lucas, Annette; Scott, Georgette; Vinson, Scott
Subject: FW: Upland (Manmade) Marinas and '95 Low Density Rules
Need some help with this one. We issued a modified high density infiltration permit in 2009, giving them a vested right
to the 1.5" design storm. The project is within ''/: mile of SA waters, and was initially received for review on Sept. 30,
2008, just before the new rules went into effect.
Now, they want to revise the high density commercial project to a low density residential project. In addition, they are
excavating a new marina basin, classified as SC, and will drain the majority of the runoff from the low density

subdivision into the marina basin, and now they want 30% density. Is that OK? The project is still within % mile of SA
waters, but the excavation of a new marina basin classified as SC waters puts a different slant on it.
Linda
From: Ginger Turner[mailto:gturnerC&stroudengineer.com]
Sent: Thursday, May 08, 2014 10:37 AM
To: Lewis,Linda
Cc: 'Ron Cullipher'
Subject: Upland (Manmade) Marinas and '95 Low Density Rules
Linda,
Has this request been sent to Raleigh for review given the information I provided last week? Did you decide if the project
was vested under the 95 rules?
We are anxious to begin designing this project but need the clarification so we know which way to proceed.
Thanks,
Ginger
From: Ginger Turner [mailtn-nturnerCn 4 mi irlanninapr rnm]
Sent: Wednesday, April 30, 2014 9:09 AM
To: 'Lewis,Linda'
Cc: '[e-mail]'
Subject: RE: Upland (Manmade) Marinas and '95 Low Density Rules
The owners are the same just a different company name (Oceanside Yacht Club Inc to Crystal Holdings LLC). I have
attached a copy of the previously approved site for comparison. The new proposal will not have a dry stack storage and
will be replaced with a larger boat basin, modified residential structures and parking layout. Please let me know if you
need additional information.
From: Lewis,Linda fmailto:IInda.lewis@)ncdenr.gov]
Sent: Tuesday, April 29, 2014 4:47 PM
To: Ginger Turner
Subject: RE: Upland (Manmade) Marinas and '95 Low Density Rules
That's beyond the scope of my expertise and I would need a lot of help from Raleigh and a lot more information about
the existing permit and whether or not any "vesting" to the old rules would be allowed in the first place.
The current 2008 rules describe how modifications to existing permits issued under a different rule will be handled. First
and foremost, does the current owner of this new project own the original permit? Has it been transferred, or is the
original permittee still the owner? Vested rights to revise a permitted development scheme under an older stormwater
rule go to the owner of the original permit, not to a new owner.
What exactly are the proposed changes to the original approved plan that you are making?
Linda
From: Ginger Turner rmailto:cjturner@)stroudengineer.com
Sent: Tuesday, April 29, 2014 4:25 PM
To: Lewis,Linda

Lewis,Linda 6
From: Lewis,Linda
Sent: Thursday, May 08, 201412:08 PM
To: Bennett. Bradley; Lucas, Annette; Scott, Georgette; Vinson, Scott
Subject: FW: Upland (Manmade) Marinas and '95 Low Density Rules
Attachments: Crystal Holdings LLC.pdf, Oceanside Yacht Club Inc.pdf, SW8 808952.pdf; PROPOSED
SITE PLAN.pdf; PREVIOUSLY APPROVED PLAN.pdf
Need some help with this one. We issued a modified high density infiltration permit in 2009, giving them a vested right
to the 1.5" design storm. The project is within Y2 mile of SA waters, and was initially received for review on Sept. 30,
2008, just before the new rules went into effect.
Now, they want to revise the high density commercial project to a low density residential project. In addition, they are
excavating a new marina basin, classified as SC, and will drain the majority of the runoff from the low density
subdivision into the marina basin, and now they want 30% density. Is that OK? The project is still within % mile of SA
waters, but the excavation of a new marina basin classified as SC waters puts a different slant on it.
Linda (�
a 4�
From: Ginger Turner [mailto:gturnerC&stmudengineer.com]
Sent: Thursday, May 08, 2014 10:37 AM
To: Lewis,Linda�'
Cc: 'Ron Cullipher'
Subject: Upland (Manmade) Marinas and '95 Low Density Rules
Linda,
Has this request been sent to Raleigh for review given the information I provided last week? Did you decide if the project
was vested under the 95 rules?
We are anxious to begin designing this project but need the clarification so we know which way to proceed.
Thanks,
Ginger
From: Ginger Turner fmailto:gturnerC&stroudengineer.coml
Sent: Wednesday, April 30, 2014 9:09 AM
To: 'Lewis,Linda'
Cc: '[e-mail]'
Subject: RE: Upland (Manmade) Marinas and '95 Low Density Rules
The owners are the same just a different company name (Oceanside Yacht Club Inc to Crystal Holdings LLC). I have
attached a copy of the previously approved site for comparison. The new proposal will not have a dry stack storage and
will be replaced with a larger boat basin, modified residential structures and parking layout. Please let me know if you
need additional information.
From: Lewis,Linda(mailto:linda.lewis(&ncdenr.govl
Sent: Tuesday, April 29, 2014 4:47 PM
To: Ginger Turner
Subject: RE: Upland (Manmade) Marinas and '95 Low Density Rules

That's beyond the scope of my expertise and I would need a lot of help from Raleigh and a lot more information about
the existing permit and whether or not any "vesting" to the old rules would be allowed in the first place.
The current 2008 rules describe how modifications to existing permits issued under a different rule will be handled. First
and foremost, does the current owner of this new project own the original permit? Has it been transferred, or is the
original permittee still the owner? Vested rights to revise a permitted development scheme under an older stormwater
rule go to the owner of the original permit, not to a new owner.
What exactly are the proposed changes to the original approved plan that you are making?
Linda
From: Ginger Turner[mailto:[e-mail]]
Sent: Tuesday, April 29, 2014 4:25 PM
To: Lewis,Linda
Cc: 'Ron Cullipher'
Subject: Upland (Manmade) Marinas and '95 Low Density Rules
Linda,
I have a site I am currently designing which includes the construction of an upland marina. 15A NCAC 213.301(i)(1)(c)
states that these dredged waters would be classified as SC. Most of the drainage area of the project will drain toward
the basin (minus a small portion shown on the attached). I need verification if the portion draining to the basin will be
allowed the 30% impervious for low density consideration. This new plan will modify an existing permit.
Ginger Turner, P.E.
Stroud Engineering, P.A.
107 B Commerce Street
Greenville, NC 27858
Office: [phone] ext 233
Fax: [phone]
Email Address: [e-mail]

STROUD ENGINEERING, P.A.
CONSULTING ENGINEERS
HESTRON PLAZA TkYO
151-A HWY. 24
MOREHEAD CITY, NORTH CAROLINA 28557 MECEIVE
[phone]
March 13, 2014 MAR 17 20%
Ms. Christine Nelson BY:
NC Division of Energy, Mineral, and Land Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
re: Letter dated February 5, 2014 to Walter D. Brady Oceanside Yacht Club
SW8 080952
Dear Ms. Nelson,
We are in receipt of the correspondence referenced above and have been asked by
Mr. Brady to provide the appropriate response. The Oceanside Yacht Club is now
owned by Crystal Coast Holdings, LLC. The original principals of Oceanside Yacht
Club Development Corporation, Inc. are still part of the new corporation. As has
occurred across the State, the debt on the property was restructured and the new entity is
moving forward with a new design.
We are on track to be heard for public hearings in April and May with the Town
of Morehead City for the site plan of the modified Oceanside Yacht Club and hope to
submit a revised application to SW8 080952 along with the appropriate ownership
change within that time frame.
If I can provide any additional information, please let me know.
SEAL I
13343
cc: Doug Brady
i8cerely,
�.j a&. C
�Dnald D. Cullipher, .E.
107 COMMERCE ST. HESTRON PLAZA TWO
SUITE B 102-D CINEMA DRIVE 151-A HWY. 24
GREENVILLE, NC 27858 WILMINGTON, NC 28403 MOREHEAD CITY, NC 28557
[phone] [phone] [phone]

February 5, 2014
Mr. Walter D. Brady, President
Olde Towne Development Corporation, Inc.
PO Box 3576
Morehead City, NC 28557
Subject: NOTICE OF DEFICIENCY
NOD 2012-PC-0034
Olde Towne Yacht Club
Stormwater'Permit No. SW8 970917
Carteret County
Dear Mr. Brady:
On February 5, 2014, the Wilmington Regional Office of the Division of Energy, Mineral and Land
Resources (DEMLR) conducted a file review of Olde Towne Yacht Club in Carteret County to
determine compliance with Stormwater Management Permit Number SW8 970917 re -issued on
February 3, 2000. DEMLR file review and site inspection revealed that the site is not in
compliance with the terms and conditions of this permit. Please find a copy of the completed
form entitled "Compliance Inspection Report" attached to this letter, which summarizes the
findings of the recent inspection.
As indicated in the attached inspection report, the following deficiencies must be resolved:
1. This permit expired on February 3, 2014. Per Title 15A NCAC 02H.1003(h)(2),
permittees are required to submit an application to renew the permit 180 days prior to the
expiration date of the permit. Please complete and submit the attached'renewal
application along with the associated fee. Please ensure to provide the latest contact
information on the renewal application.
2. A copy of the Designer's Certification has not been submitted to this office. Per Section
il.6 of the permit, please submit the completed, signed and sealed Designer's
Certification. Any deviations from the approved plans and specifications must be noted on
the certification. A modification may be required for those deviations.
3. According to the Carteret County GIS website and records available online with Carteret
County, the current owners of the development approved under this permit appear to be
Olde Towne Yacht Club, Inc and Olde Towne Condominium Homeowner's Association,
Inc. The BMPs designed to treat the runoff from this development appear to be located
within the area owned by Olde Towne Yacht Club, Inc. Per Section 11.8 of this permit;
further subdivision of the property and/or the transfer of ownership will require a
modification to the permit. Per Section 111.1 of the permit, the permit is not transferable
without prior approval from the Division.
Once this site is brought into compliance, please initiate the modification and/or transfer
process for this permit. If the property owned by Olde Towne Condominium
Homeowner's Association, Inc does not include any of the BMP treatment devices, the
permit may be modified to create an offsite parcel. This would require Olde Towne
Condominiums Homeowner's Association, Inc to record deed restrictions limiting the
amount of built upon area and require them to obtain their own offsite permit. The other
option would be to transfer the permit to both Olde Towne Yacht Club, Inc and Olde
Towne Condominium Homeowner's Association, Inc. as co-permittees.
4. A Notice of Inspection was issued on August 5, 2013. At this time, a written response
outlining the actions to be taken to bring this site into compliance has not been received.
Per Section 11.14 of the permit, the permittee shall submit a written time schedule to the
Division for bringing this site into compliance.

Please inform this Office in writing before March 7, 2014, of the specific actions that will be
undertaken and the time frame that will be required to correct the deficiencies. Failire to provir e
the requested information, or to respond to this letter by the due date, may initiate enforcement
action including the assessment of civil penalties of up to $25,000 per day. If a written plan of
action is not submitted to this office by March 7, 2014 then DEMLR staff will re -inspect the site
and issue a Notice of Violation if the listed deficiencies have not been addressed.
Please: be reminded that if an ownership change, or a name change or a mailing address change
as hoccurred, it is your responsibility to submit a completed and signed Name/Ownership
Change form to the Division. Please include t;-,e name, mailing address and phone number of the
party who is :ow responsible for this pEsmit. If you have any questions, please contact Christine
Nelson at the `dVilmirgton Regional Office. telephone number [phone] or via e-mail at
christine.nelsor,Cncdenr.gov_
S;-ncerely,
Georgette Scott
State Stormwater Supervisor
Enc: Compliance Inspection Report, Renewal Application
GDS/can: S:\WQS\Stormwater\Permits & Projects\1997\970917 HD\2014 02 NOD 970917
cc: Olde Towne Yacht Club, Inc, PO Box 12553, New Bern, NC 28562
Olde Towne Condominium Homeowners' Association, Inc., PO Box 12553, New Bern, NC 28561
Georgette Scott, State Stormwater Supervisor
WiRO Stormwater File

Easements affecting Olde Towne Yacht Club, Inc. ("OTYC") and
Olde Towne Condominium HOA, Inc ("HOA") Properties
Easement
Date
Recording
Executed by:
Brief Description
Deed from OTYC to
04/24/2002
Bk. 939, Pg.
Jim Bailey for OTYC
Various easements over the
Olde Towne
199
OTYC and the HOA
Development
properties for access, utilities,
Corporation, Inc.
deck area
Sewer and Water
10/1/2002
Bk. 958, Pg,
Doug Brady and Jim
Sewer and water easement in
Easement from OTYC
39
Bailey for OTYC
favor of Town of Morehead
to the Town of
City
Morehead City
Deed of Easement from
5/30/2003
Bk. 996, Pg.
Jim Bailey and Doug
Boat parking easement at
Olde Town
466
Brady for Olde Towne
Morgan Street and 70, this
Development
Development Corp.
area now appears to be built
Corporation, Inc. to
upon; arguably terminated by
Olde Towne
1071/413)
Condominium
Development, LLC
Deed for Cross
5/30/2003
Bk. 996; Pa_
Jim Bailey for OTYC;
Provides for extensive cross -
Easements among
467
Jim Bailey and Doug
easements over both the
OTYC, Olde Towne
Brady for Olde Towne
OTYC and the HOA
Development Corp.,
Development Corp. and
properties
Inc_, and Olde Towne
Olde Towne
Condominium
Condominium
Development, LLC
Development, LLC
Deed of Easement from
8/25/2004
Bk. 1071,
Doug Brady for Radio
Easements for two parking
Radio Island
Pg. 413
Island Development
areas, inc. boat parking
Development
Company, LLC
Company, LLC to Olde
Towne Condominium
Development, LLC
Easement from State to
3/10/2008
Bk. 1313,
State of North Carolina
Submerged lands/riparian
OTYC
Pg. 334
easement
Waiver of Minimum
8/19/2014
Bk. 1503,
David Evans as
OTYC and Crystal Holdings
Setback among OTYC,
Pg. 399
President of OTYC;
waive 15' CAMA min. setback
Olde Towne
Doug Brady as President
Development
of Olde Towne
Corporation, Inc., and
Development
Crystal Holdings, LLC
Corporation Inc.; Jim
Bailey and Doug Brady
for Crystal Holdings,
LLC
ND: 4853-0498-6158, V. 1

Melanie Arthur q
Carteret County Register at Deeds
CRS DD9�a�gtge204/24/2002 Time 15:45:00
Prepared b/C. R. Wheatly, III, Attorney, Beaufort, NC'285I6 Paget of 4
NORTH CAROLINA PIN 4595bo-fgja�q(,
CARTERET COUNTY WARRANTY DEED
THIS DEED, made this 20 day of April, 2002, by and between OLDE TOWNE Y.
CLUB, INC., a North Carolina non-profit corporation, party of the fast part and OLDE
TOWNE DEVELOPMENT CORPORATION, INC., whose address is 1722 River Drive,
Morehead City, NC 28557, party of the second part;
That whereas the deed dated 15 March 2000 was recorded in Book 878, Page 236,
County Registry;
That Whereas the property therein contained was subject to Declaration of Covenants,
Conditions, and Restrictions dated 15 March 2000, and recorded in Book 878, Page 237, Carteret
County Registry;
That whereas the Declaration as contained therein provided that a Charter Member of the
Olde Towne Yacht Club, Inc. would be Olde Towne Development Corporation, Inc. or its
successor. That further, the Declaration recorded in Book 878, Page 237, Carteret County Regis
provided that the Developer was Olde Towne Development Corporation, Inc.;
That whereas the said Declaration provided for the construction on the property as herein
after conveyed a residential hotel; which residential hotel was to be constructed by Olde Towne
Development Corporation, Inc. and/or its successor and such area was more particularly designate
as Phase Three and Phase Four on the map of record in Map Book 29, Page 697, Carteret County
Registry;
That the ddvelopment rights were reserved in Article X, Section 2 by the Party of the
Second Part;
That whereas the said Declaration provided for cross -easements and the joint use of
properties as more particularly defined therein;

That the developer is now able to construct condominiums rather than the residential hotel
and that in order; to protect those areas subject to the use of the Class A members so that their use
of property is not subject to any claims or subject to any liability that may be created by the
developer' in financing the construction of the condomnniumn project, it is necessary that the area or
which the condominiums are to be developed (Phase Three and Phase Four) as shown on map
recorded in Map Book 29, Page 697, Carteret County Registry be conveyed to Olde Towne
Development Corporation, Inc. subject to the covenants, conditions, and restrictions as set forth in
the Declaration recorded in Book 878, Page 237, Carteret County Registry;
That whereas in the Declaration of Covenants, Conditions, and Restrictions, owners of the
residential hotel units would be Class B members;
That whereas the condominium owners will now be Class B members, (i.e. each unit will
have one Class B vote) as set forth in the Amendment to Declaration of Covenants, Conditions, an
Restrictions as recorded in Book, Page 194 , Carteret County Registry;
Therefore in consideration of the terms and conditions and Ten Dolhn and other valuable
consideration, the receipt of which is hereby acknowledged, party of the first part has and by these
presents does grant, bargain, sell and convey unto party of the second part, all that certain lot or
parcel of land situated in the Town of Morehead City (Radio Island), Morehead Townshin.
Carteret County, North Carolina and being more particularly described as follows;
BEGINNING at a point which is described as follows: From an existing railroad spike
In the centerline intersection ofNCSR 1175 and Marine Drive if same were extended
and running from said point of intersection and running with Marine Drive S 01-00-00
VV,1,751.29 feet to a point; thence from said point S 64-00 E, 53.17 foal to a point;
thence from sold point and continuing 5 64-00 E,1,154.93 feet to a point; thence from
said point N 0144-45 E, 86.03 feet to a point; thence from said point S 8s45-I5 E, 28
feet to the POINT OR PLACE OF BEGINNING; running thence from said Point or
Piace of Beginning N 01-14-45 E, 82J feet to a point; thence N 38-3245 E, 71.7 feet to
A point; thence S 51-27-15 E, 30 feet to a point; thence N 38-32-45 E,130.5 feet to a
Point; thence from said point N 51-27-15 W,184 feet to a point; thence N 38-32-45 E,
64 feet to a point; thence S 51-27-15 E, 244 feet to a point; thence S 38-32-45 W, 194.5
feet to a point; thence S 51-27-15 E, 53 feet to a point; thence S 38-32-0 W,137 feet to
a point; thence N 51-27-15 W, 93.2 feet to the POINT OR PLACE OF BEGINNING.
Together with on easement for ingress, egress and regress over and across that 30 foot
access area (30 foot strip) and parking for those areas as more particularly shown in
those maps recorded to Map Book 29, Page 697, and is Map Book 10-S, Page 40,
Carteret County Registry. The use of all of the parking area and the maintenance of

the common area facilities are all those as contained in the Declaration of Covenants,
Conditions, and Restrictions as recorded In Book 87i3� page , Carteret County
Registry, and the Amendment as recorded In Book qR, Page M Carteret County
Registry, • which is Incorporated herein by reference.
The above described tract or parcel of land is all of that area designated Phase IV and
Phase III as shown on those maps recorded in Map Book 29, Page 697, and in Map
Book 10-8, Page 40, Carteret County Registry.
Party of the First Part acknowledges that Party of the Second Part is going to
construct condominiums on the above described tract or parcel of land; therefore, in
addition to conveying the property as above described, Party of the First Part does
hereby grant to Party ofthe Second Part and the subsequent owners of the
condominiums to be constructed on the above described tract a non-exclusive
easement for ingress, egress, and regress over the access road (30 foot strip) and all of
the property which would be landward or above the highwater mark as shown on
those maps recorded in Map Book 29, Page 697, and in Map Book I", Page 40,
Carteret County Registry,
Party of the First Part grants a non-exclusive easement for access to and use of the
Jacuzzi and deck area adjacent to the pool as shown on Map entitled, "Survey for
Olde Towne Development Corporation, Inc.", recorded in Book 10-5, Page 40,
Carteret County Registry.
1
That further there is granted an easement for the Installation of water and sewer lines
as may be required by the Town of Morehead City. The area of said easement will be
that area which would lead from the above described tract to Marine Drive In a
generally westwardly and northwardly direction as may be required by the Town of
Morehead City. All water and sewer lines will be constructed by Party of the Second
Part and Party of the Second Part shall be responsible for the Installation thereof and
any and all repairs that have to be made to the paved areas due to such Installation.
There is further granted to Party of the Second Part a non-exclusive easement for
maintenance to maintain any water and sewer lines, power, telephone, cable, and
utilities of whatever nature which may be placed In the area as designated by the
Town of Morehead City which would go from the above described tract to Marine
Drive or any other area as designated by the Town of Morehead City or any other
utility provider,
Subject to those rights and easements of Grantor, its members, successors, and assigns
to the existing amenities located on Phase III as set forth In that Declaration of
Covenants, Conditions and Restrictions recorded In Book 879 . Page 237 , and as
amended and recorded in Book_, Page l9$ , Carteret County Registry,
TO HAn AND TO HOLD the aforesaid lot or parcel of land and all privileges and
appurtenances thereto belonging to party of the second part, in fee simple.
And party of the first part covenants with patty of the second part, that it is seized of the
premises in fee simple, has the right to convey the same in fee simple, that title is marketable and
800 q 5 i' _ VAUk-A .

fret: and clear of all encumbrances, and that party of the first part will warrant and defend the title
against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated.
1.1 All rights of way, conditians, easem ants and restrictive covenants of record.
2. A *alorem taxes for the year 2002.
IN WITNESS WHEREOF, party of the first part has hereunto set his hand and seal, the
and year first 'ibove written.
It� �•47 ' t�
��t.
W.D. glas rady, Se
NORTH CAROLINA
CARTERET COUNTY
OLDE TOWNE YACHT CLUB, INC.
H. P. Bailey, it.,
I, a Notary Public of the County and state aforesaid, certify that W. Douglas Brady
personally came before me this day and acknowledged that he is Secretary of OLDE TOWNE
YACHT CLUB, INC., a North Carolina non-profit corporation, and that by authority duly given
and w the act of the corporation, the foregoing instrument was signed in its name by its Presider
sealed with its corporate seal and attested by him as its Secretary.
Witness my hand and official stamp or seat, this 241h day of April, 2002.
P,
o h
My ConuNotary P
rrissien Expires: 3/12/05 i"MA_Z A� %ailyhdnaloMtuwnlyxhtdub dew to developcorp2
DELI
NOMHCAROUNACAfiTERETCOUNt'Y �'bi �l� •v... '�y
Tto forepotng cedtficale(s) of Notary Public(s) WAm Out�tt��
certified to be caned This frletrmrlett and this certfll-
I �� ntrnaNs`°�
tale are duty Fostered at the date and tune and In
Rte Book and Page shown on the anal pegs hereof.
t 9t i of d
� � M1A3pw' f14lkV0eldt
4

HOFfTH CAROLII rYA', CARTOfCOPublic(s) Were
toregoing (S ) Notary
t ertlkd to be correct. This inetrument and this WWI-
eate are duty registered m the date and time and In
Dte gook end Page ehown on the !tr", r roa heraoi_
f � I r eXIdl
Nelrnie Arthur 4P
Carteret Comity Register Uf Deeds
CS Date 10/1.4/200t? Time 16:43:00
OR 958039 Page 1 of 4
t
STATE OF NORTH CAROLINA t
COUNTY OF CARTERET SEWER AND WATER BASEMENT
THIS EASEMENT made and entered into this 11t; day of October,
2002, by and between Olde Towne Yacht Club, Inc., hereinafter
called "GRANTOR," and the TOWN OF MOREHEAD CITY, a North Carolina
municipal corporation in Carteret County, North Carolina, hereinaf-
ter called "GRANTEE;"
WITNESSETH THAT:
WHEREAS, the GRANTEE has requested an easement to construct
water and sewer service lines under and upon the property of
GRANTOR, and,
WHEREAS, GRANTOR has authorized and approved the execution of
this instrument for the purposes herein expressed.
NOW, THEREFORE, in consideration of the sum of TEN DOLLARS
($10.00) and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, GRANTOR does hereby
grant, bargain and convey unto GRANTEE, its successors and assigns,
subject to the terms and conditions set forth herein, the perpetual
right, privilege and easement to build, construct, lay, install,
enlarge, relocate , change, repair, improve, upgrade, operate and
maintain underground water and sewer pipes, drains, connections,
manhole banks, and other attachments, equipment, accepsories and
appurtenances as may be desired or deemed necessary by GRANTEE in
connection therewith (hereinafter referred to as "Facilities")
over, under, acrdsa, in and upon the lands of GRANTOR situated in
Morehead 'Township, Carteret County, North Carolina, and more
particularly described as follows:
BEING a parcel of land on Radio Island, Beaufort
Township, Carteret County, North Carolina, and being
bounded on the west by the East line of Marine Drive, and
EIWC. 2L-5 _ PAGE '5q -

on the North by the South line of Radio Island Road, the
same being North Carolina Secondary Road 1175, on the
East by the Olde Towne Yacht Club, Inc. and Celia L. Eudy
et al. land, and on the South by the North line of the
North Carolina State Ports Authority land, and being more
particularly described as follows: COMMENCING at a
concrete monument marking North Carolina Department of
Transportation Survey Station P3100-3 having North
Carolina coordinate system coordinates of X =
2,695,004.888 feet and Y = 361,545,963 feet, North
American Datum of 1983, and running thence S 770 35' 14"
E 974.547 feet to a new iron pipe marking the
intersection of the Fast line of Marine Drive with the
South line of Radio Island Road (North Carolina Secondary
Road 1175); said iron pipe being the POINT OF BEGINNING,
thence with the South line of Radio Island Road N 49 47
06 E 36.308 feet to a new iron pipe; thence along a line
30 feet from and parallel to the east line of Marine
Drive S 05 55 53 E 1770.751 feet to a new iron pipe in
the north line of Olds Towne Yacht Club Road; thence
continuing with the east line of Olde Towne Yacht Club
Road S 05 55 53 E, 33.102 feet to a new iron pipe in the
South line of Olds Towne Yacht Club Road; thence with the
South line of Olde Towne Yacht Club Road, N 70 55 43 W
33.102 feet to a new iron pipe in the East line of Marine
Drive; thence with the East line of Marine Drive N 05 55
53 W 33.102 feet to an existing iron pipe in the North
line of Olde Towne Yacht Club Road; thence continuing
along the East line of Marine Drive N 05 55 53 W,
1736.308 feet to the POINT OF BEGINNING; being easement
"B" and "C" according to a survey and map by McDavid
Associates, Inc., entitled "Survey for Town of Morehead
City, Utility Easement Soining Marine Drive" dated April
28, 2002. For reference see Deed Book 87, Page 236; Map
Book 29, Page 697; Deed Book 816, Page 135 Carteret
County Registry.
GRANTOR does further grant, bargain, and convey to GRANTEE,
its successors and assigns, subject to the conditions set forth
herein, the perpetual right, easement and privilege to allow other
public utility companies, including without limitation telephone,
electric power, natural gas, cable television and cable or fiber
optic trans#ssion companies, to build, construct, lay, install,
maintain, enlarge, relocate, change, repair, improve, upgrade and
operate their facilities as may be required by such companies in
connection therewith, with full right of ingress and egress over,
under, in, across and upon said easement for the purpose of so
maintaining and constructing said facilities in the same easement

area as described above. This easement is granted subject to all
existing rights -of -way and easements, GRANTOR reserves the right
to utilize the area within the easement area for all purposes not
inconsistent with the easement rights herein conveyed.
The facilities erected, constructed, or placed herein shall
remain the property of GRANTEE. GRANTEE shall have the right to
inspect, rebuild, remove, repair, improve, and/or relocate within
the areas above described and make such changes, alterations or
substitutions of its facilities as GRANTEE may from time to time
deem necessary or advisable.
For the purpose of constructing, inspecting, rebuilding,
removing, repairing, improving, maintaining, changing, altering, or
substituting GRANTEE'S facilities, GRANTEE shall have the right of
ingress to and egress from the easement area over the lands of
GRANTOR adjacent to the easement areas in such manner as shall
cause the least practicable damage and inconvenience to GRANTOR.
TO HAVE AND TO HOLD the aforesaid rights, privileges and
easements unto said GRANTEE, its successors and assigns, for so
long as GRANTEE maintains said water and sewer line.
As consideration for this easement, GRANTEE will not charge
GRANTOR the following charges when water and sewer, or either,
become available to the location of Grantor's property adjacent to
the easement area described above: 3/4 inch water tap fee, 4 inch
sewer tap fee, water line extension fee and sewer line extension
fee.
IN WITNESS WHEREOF, the GRANTOR has caused this instrument to
be executed in its name by it President, attested by its Secretary
and its seal hereto affixed by virtue of the power and authority
granted by its Board of Directors, as of the day and year first
above written,.
OLDE TOME -YAM CLUB, INC.
ATTEST�:��
By:
orp. Secretary D g Brady, President

STATE OF NORTH CAROUM
COUNTY 08 CARTERET
I, a Notary Public of the County and State aforesaid, do hereby
certify that Doug Brady personally appeared before me this day and
acknowledged that he is the Secretary of OLDS TOWNS YACHT CLUB,
INC., a North Carolina Corporation, and that by authority duly
given and as the act of the corporation, the foregoing instrument
Was signed in its name by its President, sealed with its corporate
seal and attested by him as its secretary.
WITNESS my hand and official seal, this the 1" day of
October, 2002,
My commission expires:
Notary Public (j
NnTARY PUBLIC
UFF1aAL SEAL
nrtnr:'. "<JF FAY MCGOWAS
CA '%R'T/ �COUNty, �NfQ�l
M, co "MAW,
BOOM J.'AGF.I

Melanie Arthur 3P
CARTERET COUNTY
PL Date 05/30/2003 Time 14:13%00
GR 996466 Page 1 of 3
NORTH CAROLINA, CARTERfT Cf)O!(ty
The toregoing certirira!;;
t2) : I Nucor} F'uhli:•(�) Ware
GertMed lobe oorrecl, r hl^ Ir:rlri.�,!
r„o e ere duly reglst.,j, ,I I" tl,tirv.:_n;
C:,p r
Ow Souk ar,e Pam shcu•r n
Prepared by C. R. Wheatly, I1I, Attorney, Beaufort, NC 28516
NORTH CAROLINA
PIN # 1n3Q5oo 19a�itr
CARTERET COUNTY DEED OF EASEMENT
THIS DEED OF EASEMENT, made this 30"' day of May, 2003, by and between OLDE
TOWNE DEVELOPMENT CORPORATION, INC., a North Carolina corporation, Party of
the First Part, and OLDS TOWNS CONDOMINIUM DEVELOPMENT, I,I,C:, a North
Carolina limited liability company, whose address is 1722 River Drive, Morehead City, NC:
28557, Party of the Second Part;
WITNESSETH:
That whereas, party of the first part is the owner of a certain tract or parcel of land
located on Radio Island, Carteret County, North Carolina; and
That whereas, party of the first part does hereby grant an easement to party of the
second pate to utilize the property as hereinafter described for the purposes o.f parking
boats, trailers, and recreational vehicles for the successors and assigns of party of the
second part. Party of the second part is creating a condominium on certaht property and the
property as hereinafter described will be subject to a Declaration to be filed by party of th
.3
PAGE JUU

second part creating certain rights for the owners of the condominium and the homeowners'
association to be able to utilize the hereinafter described tract or parcel of land for the
purposes of parking said boats, trailers, and recreational vehicles; all in accordance -Mth the
requirements of the Town of Morehead City.
Party of the first part by granting this easement acintowledges that said property wi It
be utilized by the condominium owners for the parking of said boats, trailers, and
recreational vehicles. Party of the second part, its successors and assigns shall have the
right to use said area as hereinafter described for said purpose until such time as party of the
second part is able to substitute additional property which will be used for the same
purposes as above set forth in an area that would be closer in proximity to the condomini um
project_
The area subject to this easement is that area more particularly described to wit:
Lying and being on Radio Island on the Beaufort -Morehead Causeway, Carteret County,
North Carolina and beginning at a point in the eastern right of way of Morgan Street, which
Point of Beginning is described as being the following courses and distances from wl3crc
the eastern right of way of Marine Drive would intersect with the soutbem right of way of
NCSR 1175 (Radio Island Road) and running from said point of intersection N 56-37-00 E.
8936 feet to a point; thence N 56-37-00 E, 149 feet to a point; thence N 59-48-14 F;, 57.78
feet to an iron pipe, the Point or Place of Beginning; thence from said POINT OR Pi.ACE,
OF BEGINNING N 56-17-35 Ea, 99.64 feet to a point; thence S 00-07-00 F, 123.43 Feet to a
point; thence S 89-53-00 W, 83 feet to apoint in the eastern right of way of Morgan Street
(NCSR 1224), thence N 00-07-00 W, 68.3 feet to the Point or Place of Beginning. Said
property being shown on the above referenced map; which map is incorporated herein by
reference.
When party of the second part is able to acquire and relocate an additional aria for rho
parking of boats, trailers, and recreational vehicles and said area is approved by flee Town of
Morehead City, then this easement will tetmirtate. Party of the second part agrees that it will file
doeumente as may be required by party of the first pact acknowledging that the easement is
terminated when all of the conditions have been met, Party of the first -part acknowledges that in
the Declarations that it 3nay file for its condo ni 3 project that it will providc that party of the

second part shall have the right to substitute additional properties and once the substitution has
occun•ed will file those documents required by party of the first part to extinguish the casement on
the above described tract or parcel of land.
TO RAVE AND TO HOLD the above described easement subject to the terms aid
conditions as contained therein thereto belonging to party of the second part.
IN WITNESS WFIEREOF, party of the first part has hereunto set its hand and seal, the
and year first above written.
OLDE TOWNE DEVELOPMENT
CORPORATION,
By �S
President
NORTI I CAROLINA
CARTERET COUNTY
I, a Notary Public of the County and State aforesaid, certify that' yes RT bails Jr•
personally came before me this day and acluiowledged that _ he is Secretary of OLDS T(7W N H
DEVELOPMENT CORPORATION, INC., a North Carolina corporation, and that by authority
duly given and as the act of the corporation, the foregoing uutrumenL was signed in its name by its
President, sealed with its corporate seal and attested by hitn/ber as its Seerelary.
Witness my hand and official stamp or sK,, this 30`b day of May, 2003. ': P
Notary Publlp r%P•PR}
My Commission Expires:o`+ �Q 5 e ,■�'
WaflCjhllncWlld¢mn scmela fram developeory to condo boat parking
BOOK
3

Melanie Arthur 6P
CARTERET COUNTY
PL Date 05/30/R003 Time 14:13:00
GR 996467 Page It of 6
NORTH CAROLFNA, CARTEf7ET COUNTY
71+e foregoing certificate(s) of Notary Pi lc(sl Wa`6 {
certified to be correrl. This inslnunent Arid this. oeit1fl.
[ale ere duly regielt-- i Rt the irate And flrrie and in
the gook and Page slurJr on the ;his: p -p t:.; odk
tnva-d direr*
NORTH CAROLINA
CARTERET COUNTY DEED FOR CROSS EASEMENTS
THIS DEED FOR CROSS EASEMENTS inade and entered into this 301" day of May,
2003 by and between OLDE TOWNE YACHT CLUB, INC., a North Carolina non-profit
corporation, Party of the First Part; OLDS TOWNE DEVELOPMENT CORPORATION, INC.,
a Nortli Carolina corporation, Party of the Second Part; and OLDE TOWNE CONDOMTNIUM
DEVELOPMENT, LLC, allorth Carolina limited liability company, Party of the Third Part.
WITNESSETH:
That whereas, party of the first part is the owner of certain property on Radio Island
which is subject to Articles of Declaration which have been amended and are contained in Book
878, Page 237 and Book 939, Page 198, respectively.
That whereas, party of the first part has agreed and acknowledged that there will he
certain common areas that will be shared by party o Fthe part with parties of the second and third
part.. In addition thereto, party orthe second part and party of the third part have ackrimvIedged
that there are certain areas in which a condominium project is being constructed which will be
subject to cross easements to be utilized by party of the first part on a non-exclusive basis.
r�
BUU I - PAG(

Therefore, in order to meet all of the conditions as contained in the Declaration of
Covenants, Conditions and Restrictions in Book 878, Page 237 and the amendment thereto in
Book 939, Page 198, the first, second, and third parties do hereby acknowledge that all of said
parties, their heirs, successors, and assigns shall have easements to utilize the access areas; all of
which have been shown on the recorded plats that have delineated and shown the property o f
first party and the property of parties of the second and third part. In addition thereto, party o f
the first part does grant a non-exclusive easement to parties of the second and third part to ulil ize
all of the parking areas and access easements together with right to utilize all right, title, and
interest that first party in that judgment recorded in Book 816, Page 135, Carteret County
Registry. Further all parties acknowledge that there are various common areas which include but
are not limited to the following items which would be landward of the bulkhead as located on
said property. They are to wit: The access areas leading from public highway to theproperties
to first, second, and third parties, the parking areas as shown on the recorded plats of said areas,
also to include the final recorded maps attached to the declaration for the condominium,
bulkhead, Jacuzzi, exercise room, clubhouse, ship's store, swintnting pool, showers and shower
room, bathrooms, laundry facility, dumpster, lighting, storm water collection facility, sidewalks,
landscaping, public area and docks, all utility lines (water, sewer, electric, cable, telephone), and
the parking which is to be created under the condominium that has been constructed or will be
constructed by second and/or third parties.
All parking is to be non-exclusive and will be utilized in accordance with the terms aril
conditions 'jand subject to the maintenance as contained in the Declaration of Covenants,
Conditions and Restrictions in Book 878, Page 237 and Book 939, Page 198 and that second and
third pasties upon the filing of the declaration of the condominium documents will likewise
BOOK qi(� PAGE 6�
2

provide for joint maintenance in accordance with the terms and conditions as contained in those
recorded documents above referenced.
That further party of the first part does hereby grant to parties of the second and third part
an easement for the balconies and decks that are above ground affixed to the condominium
project built on the property subject to this agreement. The said balconies and decks shall have
an easement to extend over the property of the party of the first part as they are now built and the
balconies to be constructed for the condominium units on Parcel Five as shown on that neap
entitled "Survey (or Olde Towne Condominium", dated May 27, 2003, prepared by W. U.
Daniels, Jr. and recorded in Condominium Book IOS, Page 245, shall have an easement to
extend over the property of the party of the first part. The said easement shall be enforced for so
long as said project shall exist. Further, party of the first part does hereby grant to parties of the
second and third part the right to install sidewalks adjacent to the condominium project however
said sidewalks shall be subject to the use and benefit of the first, second, and third parties, their
heirs, successors and assigns.
All easements as above referenced are hereby granted to second and third parties and to
their successors and assigns more particularly the homeowners' association of the condominium
that has been constructed and those condominium units to be constructed on Parcel Five on the
above referenced map. All of the easements as above referenced may be assigned by second or
third parties either byway of dedication through a declaration to be recorded and the subsequent
owners of condonunimn units.
Second or third parties, the condominium developers, are required to have additional
storage for boats, trailers, RVs, etc., which is to be located in close proximity of the prolierty of
first, second or third parties. It is agreed that first, second or third parties shall have an easement
UOOK_&�----._ fvnG-40

leading from the access road to the said site: as long as said access is not within the property
dimensions as described in those deeds on which the condominiums and yacht club have been
constructed.
It is contemplated that second and/or third parties in construction of condominium units
on Parcel Five will be required to have additional parking which will be on the western boundary
of the condominium project. Once second and/or third parties has added the additiona! parking
and incorporate same in an amended declaration for file construction of condominium units on
Parcel Five on the above referenced map, then tite cross easements for parking and utilities shall
.also apply to that additional tract.
There is fwt!rcr granted an easement to second and/or third parties, their heirs,
successors, acid assigns to tie into the utilities (water, sewer, electric, telephone and cable) as
long as the access to same is in the area of the access road and would he to the west of the
property on which the condominiums and yacht club have been constructed.
Any use of the access road or any construction to tie any of the utilities into any
additional properties of second or third parties will be done in a mamrer that they will be
responsible for repairing any damage done to the access road and should they use same, they
would pay their pro rata slu+re of maintenance and ad valorem taxes for Carteret County and
Morehead City thereon.
IN WITNESS WHEREOF, party of the first part has hereunto set his hand arut seal, die
day and year first above written.
OLDE TOWNE YACHT CLUB, INC.
By "?'AA
Pre ent
4

OLDE TOWNE DEVELOPMENT
CORPORATION, INC.
By1/(�_1-
President —"
OLDE TOWNE CONDOMINIUM
DEVELOPMENT LLC
By %e
Jam . P. Bailey, Jr. er/Manager
By C" ci/ -
W. Doulilas B dy, Member/Manager
NORTH CA.ROLINA
CARTERET COUNTY
T, a Notary Public of the Cowily and State aforesaid, certify that l,J.`De� glas $4d�
personally came before me this day and acknowledged that,_, he is Secretary of OLDS
TOWNE YACr-TT CLUB, INC., a North Carolina non-profit corporation, and that by authority
duly given and as the act of the corporation, the foregoing instrument was signed in its wane by
its President, scaled with its corporate sea] and attested byhitn/her as its Secretary.
Witness my hand and official stamp or seal, this _?A� day of May, 2003,
My Commission Expims:
ROOK—,
s

NORTH CAROLI.NA
CARTERET COUNTY
1, a Notary Public of the County and .State aforesaid, certify that wN,es N `�''s� �l r•
personally came before me this day and acknowledged that _he is Secretary of OLDF
TOWNE DEVELOPMENT CORPORATION, INC., a North Carolina cotporation, and that
by authority dttly given and as the act of the cotporation, the foregoing instrument was signed in
its name by its President, sealed with its corporate seal and attested by him/her as its
Secretary.
Witness my hand and official stamp or seal, this 5_ day of May, 20(�P111 0"t'R,,
aaa GA/ �4
.aah`�p p;........
Notary PubliV
My Commission Expire vC•y! ° .�I/B%.%G f U
NORTH C:AROLINA At &
CARTERBT COUNTY ''ar�Co
I, a notary public of the county and state aforesaid, certify that James H. P. Bailey, Jr.
personally appeared before me this day and acknowledged that he is a member/manager o f
OLDS TOWNE CONDOMINIUM DEVELOPMENT, LLC, a Limited Liability Company,
and farther acknowledged the due execution of the foregoing document.
WITNESS my hand and notarial seal this the 3o day of May, 2003,
a„�NN�g1,p,r
AV
Notary PuMV If "CnApv S
My Commission Expires:
NORTH CAROLINA �pj
CARTERET COUNTY
`'��unwu�,•�
I, a notarypublic of the county and state aforesaid, certify that W. Douglas Brady
personally appeared before me this day and acknowledged that he is a member./manager of
OLDE TOWNE CONDOMINIUM DEVELOPMENT, I,LC, a Limited Liability Company,
and further acknowledged the due execution of the foregoing document.
WITNESS my hand and notarial. seal this the 30 day of May, 2003.
My Commission Expires, 'b\1';;11CYz�

I
Melanie Rrthar 4P
CARTERET COUNTY
JL Date 08/25/E004 Time. 110500
OR 1071413 Page 1 of k
NORTH CAFtOL1NA, CAMEAEr COUNTY
The foregoing raAifidate(..0 of Notary PUtPld(s)'elate
, odified to be cf)-ot. This inetttenant and this WOO'
case are duty Mglslersd ai the date and time end in
the Book and page shown on.ihe Hral page hereol:
r "1�
Met nie AAhurr of beads
w2 „y,npxrgrd..er
NORTH CAROLINA
CARTERE.T COUNTY DEED OF EASEMENT
1111S DEED OF EASEMENT made grid entered into this _ 5 day of August, 2004 by
and between. RADIO ISLAND DEVELOPMENT COMPANY, LLC, a North Carolina limited
liability company, hereinafter referred to as "GrantoC% and OLDE TO'WNE CONDOMINMUM
DEVELOPMENT, LLC, a North Carolina limited liability company, hereinafter referred to as
"Granted'.
WITNESSETH:
Tlutt whereas Grantor is the owner of a certain tract or parcel of land on Radio Island,
Carteret County, North Carolina and in consideration ofTen ($10.00) Dollars and other valuable
consideration, the receipt ofwhich is hereby acknowledged by Grantor, Grantor does hereby,
grant, bargain, sell and convey unto Grantee an easement to Grantee over the areas as hereinafter
described for the purposes ofparking of automobiles, boats, boat trailers, and recreational
vehicles. In addition thereto, Grantee, its successors and assigns, shall have the right to make
improvements on the areas as hereinafter described by way of fencing, paving, striping and for
the installation of storm water facilities. The said easement is more particularly described as
follows:
tb� i P_AG�-

Parking Easement #1. There arc two parking easements that are to wit:
Lying and being on Radio Island, Beaufort -Morehead Causeway,
Carteret County, North Carolina and being a portion of Parcel Six as set
forth in Declaration dated 30 May 2003, recorded in Book 997, Page 63,
Carteret County Registry; which document is incorporated herein by
reference and BEGINNING at a point in tie northern edge of Parcel
Three - Access Easement 1 as shown on map recorded in Condominium:
Boole 1 OS, Page 245 and also shown on map recorded in Condominium
Book, Page CartcretCounty Registry, said Point of
Beginningbeing descry ed as being N 64-00 W, 186.16 feet from where
(he northern boundary of Parcel Three - Access Easement l as shown on
the shove referenced map would intersect with Parcel One described in
Declaration recorded in Book 997, Page 63, Carteret County Registry;
running thence from said POINT AND PLACE OF BEGINNING and
running with the northern boundary of Parcel Three — Access Easement
1, as shown on the above referenced map N 64-00 W, 213.23 feet to a
point; thence from said point N 26-00 E, 11 l fcet to a point; thence S 64-
00 E, 170 feet to a point; thence S 26-00 W, 65 feet to a point; thence S
64-00 E, 27 feet to a point; thence N 00-53-30 W, 15,1 feet to the
beginning of a curve; running thence with a curve having a radius of 131
feet tuning N 53-38-20 B, with a cord length of 129.13 feet to a point;
thence from said point S 60-26-10 E, 18 feet to a point; thence N 29-34
E, 10 feet to a point; thence N 76-34-10 E, 36.4 feet to a point in Parcel
One as sel. forth in Declaration recorded in Book 997, Page 63, Carteret
County Registry; thence from said point S 01-14-45 W, 23.78 feet to a
point; thence from said point S 76-34-10 W, 20.3 feet to a point; tbenm S
60-26-10 E, 18 feetio a point in the beginning of a curve; running thence
with a curve having a radius of 190 feet, having a course of S 59-47-00
W, and having a cord length of 191.25 feet to a point; thence from said
point S 26-00 W, 5 feet to the Point and Place of Beginning,
A portion of the described tract or parcel of laud consists of 11,000
square feet for an easement area for boat, trailer, and recreational vehicle
parking for Olde Towne Condonrin't as shown on map recorded in
Condominium Book 1 U5, Page "Carteret County Registry.
Said area further being shown as contar ng easement area for additional
parking as further identified on the above referenced map.
Fascment #2:
Lying and being on Radio Island, Beaufort -Morehead Causeway,
Carteret County, North Carolina and beginning at a point in the western
boundary line of that tract designated Parcel One as shown on
Declaration recorded in Book 997, Page 63, Carteret County Registry,
which Point of Beginning is described to wit: Rurwing from a point
from wbere the northern boundary line of tract of land designated Parcel
Three — Access Easement One would intersect with the western
boundary line of Parcel One as shown in Declaration recorded in hook
997, Page 63, Carteret County Registry, and running from said point of
intersection N 01-1445 1, 269.24 feet to the Point or Place of
BOOK / 01 PAGE 10

Beginning; Nnning thence from said Point or Placc of Beginning N 88-
45-15 W, 21.7 feet to a point; thence from said point S 01-14-45 W, 5
feet to a point; thence N 88-45-15 W, 23 feet to a point; thence N 01-14-
45 E, 5 feet to a point; thence N 88-45-15 W, 18 feet to a point; thence N
01-14-45 E, 171 feel to a point; Cnence S 88A5-15 E, 18 feet to a point;
thence N 01-14-45 E, 18 feet to a point; thence S 88-45-15 E, 18 feet to a
point; thence S 01-14-45 W, 18 feet to it point; thence S 88-45-15 F, 5
feet to a point; thence S 01-14-45 W, 9 feet to a point, thence S 88-45-15
E, 21.7 feet to a point; thence from said point S 01-14-45 W, 162 feet to
the Point or Place of Bcgiiuiing.
Said tract orparcel is identified "Easement Area for Additional Parking"
as shown on said map recorded in Map hook 1DS, Page y,
Carteret County Rcgishy.
There is currently located on the above described tracts or parcels of land parking areas
as heroinabove described and more particularly shown on that map recorded in Condominium
48D-
Book IMS , Page Carteret County Registry. The said area is to be used for the parking
as liereinabovc described.
Should Grantee no longer have need of said area and can remove any of the parking from
the area as described above and can meet the requirements of the Town of Morehead City as
same relates to the parking requirements for the Condominium Iocated adjacent lhoreto, then this
easement will terminate.
Grantor acknowledges that said parking is to be used in conjunction with Condominiums
which are adjacent thereto as more particularly shown on map in Condominium Book —s&,
Page QA Carteret County Registry, and that said area is subject to the Amended Declaration
tQD- 4nal'boo f�L torsi Y* 1Z
recorded in Book jcl , Pager, Carteret County Registry.
IN WITNESS WHIER80F, the Grantor his hereunto set its hand and seal this day and
year first above written.
RADIO ISLAND DEVELOPMENT COMPANY, LLC
W. Douglas Brady ernber/Manager
3
BOOK Y-5VI_ PAGET Z3

NORTH CAROLWA
CARTERET COUNTY
1, a notary Public of the county and state aforesaid, certify that W• Douglas Brady
personally appeared before me this day and ackno-,vtedgod that he is a mcmber/manager of
RADIO' ISLAND DEVELOPMENT COMPANY, LLC a Limited Liability Company, and
further acknowledged the clue execution of the foregoing document.
WITNESS my hand and notarial seal this the e*2J- day of August__• Zp04
Public
'00 0
Mycotmnissionexpires:_ a'2iOb` - r, •'•,"„
%bn0cjh%ine%n1d1—oc0nJ*Wi0 +slend enEement a tiq?''
•,yam;E:118L1G ?Ci

STATE OF NORTH CAROLINA
COUNTY OF CARTERET
Jvy Lawren'§g 7P
t FIRTERF.T COMM
PWC Date 07/02/2009 Time 11:.51:00
OR 131.3334 Page 1 of 7
EASEMENT
THIS EASEMENT, hereinafter referred to as Easement, made and entered into this the
10'n day of March, 2008 by and between the STATE OF NORTH CAROLINA, a body politic
and corporate, (GRANTOR) and Olde Towne Development Corporation, Inc., (GRANTEE).
WITN19SSETH:
THAT, WHEREAS, the North Carolina Department of Administration has authorized
and approved the execution of this instrument for the purposes herein expressed; and,
NOW, THEREFORE, in consideration of the public interest in promoting citizen access
to navigable waters and for good and valuable consideration, the Grantor dots hereby grant unto
Grantee, their heirs and assigns, an easement located in Carteret County, North Carolina, and
more particularly described as follows:
Attabeed as "EXHIBIT A"
The terms and conditions on and for which this Easement is granted are as follows:
1. This Easement is appurtenaut to and nuts with the adjacent riparian or littoral land
as described in Deed Book 996, Page 464 and Deed Book 939, Page 199, of the Carteret County
Registry.
2. Grantee shall not exclude or prevent the general public from exercising
public trust rights, including commercial and recreational fishing, shell fishing, seine
netting, pound netting, and other fishing rights in navigable waters within the easement
premises.
3. This Easement confers upon Grantee no additional rights to interfere with the
approval, issuance, or renewal of shellfish or water column leases or to interfere with the use or
cultivation of existing shellfish leases, water column leases, or shellfish franchises.
4. This Easement is subject to all rights conferred in previous conveyances by the
Grantor.
5. This Easement is granted for a term of fifty (50) years beginning on the 101'
day of March, 2008 and terminating on the 9o' day of March, 2058 unless earlier revoked.
6. Subject to compliance with North Carolina General Statute 146-120), this
Easement is eligible for renewal for one (1) additional fifty-year term.
O-QOK t. . PAGE. 3.

7. (a) This Easement covers those structures allowed by CAMA Permit
Numbers: 131-98. Such structures shall be used for the following purposes: construct and
operate a commercial marina with marina -related services. All terms and conditions of those
CAMA Permit Numbers All terms and conditions of those CAMA Permit Numbers 131-98 are
hereby incorporated and made apart hereof.
8. Subject to compliance with Article 7, Chapter 113A of the North Carolina
General Statutes, Grantee shall have the right to repair, rebuild or restore structures located upon
the easement premises.
9. The exercise of the rights under this Easement shall be contingent upon Grantee
obtaining all necessary permits and authorizations and complying with all federal, state,
municipal and other laws, codes, ordinances, rules and regulations applicable to the easement
premises. Grantee shall not make or permit any unlawful use of the easement premises.
10. As further consideration for granting this Easement, Grantee agrees to pay to
Grantor an easement purchase payment in the amount of : $2,250.00.
The easement purchase payment has been calculated based upon the following
information:
I. Footprint of structure: 139,827.60 square feet
2. Riparian shoreline: 768.40 linear feet
3. Riparian credit: 41,493.60 square feet
11. Grantee shall not exercise any rights granted herein in any areas outside the
easement premises without first obtaining a written modification of this Easement in accordance
with North Carolina General Statute 146-12(k).
12. Upon transfer of title of the adjacent riparian or littoral property described in
Paragraph 1 during the term of this Easement or any renewal thereof, the easement rights
conveyed herein shall be transferred automatically to the subsequent owner of the adjacent
riparian or littoral property, subject to the limitations hereinafter set forth. In the event the
subsequent owner of such property (1) gives written notification to the State Property Office
within twelve months of the date of transfer of title of the adjacent riparian or littoral property
accompanied by a copy of the instrument of transfer, and (2) remits the easement purchase
payment as provided in North Carolina General Statute 146-12(1), such subsequent owner shall
be entitled to receive an easement document transferring to such owner the easement rights
granted herein for the remainder of the unexpired easement term. Failure to comply with North
Carolina General Statute 146-12(1) shall result in termination of this Easement.
13. It is expressly understood and agreed between the parties hereto that if the
Grantee shall neglect to do and perform any matter or thing herein agreed to be done and
performed by him, and shall remain in default thereof for a period of 60 days after written notice
s ly 1313 ._..r p,AGF 334-----

from Grantor to Grantee calling attention to such default, Grantor, with the approval of the
Governor and Council of State, may declare this Easement revoked. Said notice shall be given
by certified mail to the Grantee at the address set forth in Paragraph 15 (a) of this Easement,
Revocation of this Easement shall entitle Grantee to seek administrative review in accordance
with the provisions of Article 3, Chapter 15013 of the North Carolina General Statutes.
14. Nothing contained herein shall be construed to prohibit Grantee from granting
other persons rights of use of portions of the structures on the easement premises for periods not
to exceed the berm of this Easement. All rights so granted shall automatically terminate upon
expiration or revocation of this Easement.
15. a. All notices herein provided to be given, or which may be given, by either
party to the other, shall be deemed to have been fully given when made in writing and deposited
in the United States mail, certified and postage prepaid and addressed as follows:
Grantor: Director/Deputy Director -State Property Office
1321 Mail Service Center
Raleigh, North Carolina 27699-1321
Grantee: Olde Towne Development Corporation. Inc.
5113E highway 70
Morehead City. NC 28557
Nothing herein contained shall preclude the giving of such notice by personal service.
The address to which notices shall be mailed as aforesaid to either party may be changed by
written notice.
b. In the event title to the riparian or littoral tract described in Paragraph 1
hereof is transferred subsequent to the date of this Easement, Grantee agrees to give written
notification of such transfer of title to Grantor by certified mail at the above address. Such
notification shall include:
(1) A copy of the title transfer document
(2) The name(s) of the subsequent owner(s) of the riparian tract
(3) The mailing address (es) of such subsequent owner(s)
16. This Easement shall become effective only upon recordation in the Office of
Register of Deeds for Carteret County. Grantee shall mail a copy of the recorded Easement to
Grantor at the address set forth in Paragraph 15(a).
17. Failure by Grantor to require strict compliance with any term or condition of this
Easement shall not be construed as a waiver of Grantor's right to enforce compliance with such
term or condition or any other term or condition contained herein.

18. Grantee, by acceptance of this Easement, agrees to comply with and be bound by
all terms and conditions set forth herein.
IN TESTIMONY WHEREOF, the STATE OF NORTH CAROLINA has caused this
instrument to be executed in its name by the undersigned.
STATE OF NORTH CAROLINA
syv %*--
1410
iSe 'or Deputy Se ary

03/18/2009 14:51 2527263590 5P CREEK MARINA PAGE 07
Rx Date/Time NOY-08-2067f7Htl1 08:31 2927291553 10.082
rROM :WDD FAX NG. :252i291553 Nov. 06 2WH7 09:36A M P2
w. D. DANiUs, Ja. 3URVEYTNG
P. 0. 9 "163
742 HWy- 90 E
DAVISI NC 29524
PRONF,FAX [phone]
RE: Description For Olde Towne Yacht Club: oeing the portion of the
"olde Towne Yacht club" property seaward of the bulkhead, used
for boat dockage as shown on a► survey entitled "Survey For oLDE
TOWNE cONDOMiNIUM" dated August 20, 2004 and being described as
follows:
Lying and being on Radio island Carteret County, NC and being
a portion of the olde Towns Yach club over and on Morgan creek.
and being Further described as follows:
Beginning at an existing railroad spike in the centerline inter-
section of NCSR 1175 ("Radio zsiand Road") and "Marine Drive";
Thence from said ppa�in�t of beginning and with the centerline of
Marine Drive s 0]�00'00"w, 17$1.29' to an existing nail in said
centerline o+ Mrine Drive; thence S 6000100"E, 1210.00' to an
existing iron rod in the west line of the tilde Towne Yacht club
Property; thence Due south, 115.76' to a point on the edge of the -
concrete bulkhead, the true point and place of beginning
•thence from said true point and place of beginning and with said
edge of the Concrete bulkhead the following courses and distances:
N 41A30131"E 740.17'; 5 47A59107"E 11.941,, N 39AZ6'26"E,
92.19'; N 29X41'46"E, 161.43'.N 00128'41"w, 70,77';
N 19A45'20"fit, 3.18 " N 51n27'15"w, 365.271; thence cornering
and leaving the edge of said concrete bulkhead N 39A-U'41"E,
62.Z6' to a point in the US army corps of Engineers 52' setback
from the edge of the Morgan creek channel and with said 52'
setback the following courses and distances:,S 50A12155"F,
397-03' tq a point S 00A00'48"E, 363 58' to.a point;
s 29A51121"w, 413.J7' to a point in said 52' setback; thence
cornering N 37A00'001'w, 327,,.34-1•-ta.,the true point and place
of beginning, contair0ng.;3;2• f.,more or less,
Description by �Q-1.4o-7
w. D. Dania; Date

NORTH CAROLINA _
COUNTYOF W A 1< 1�
SoNr�T� N
I, .,lotE G CAZu— e,i+ r(Z- , a Notary Public in and for the County and State
aforesaid, do hereby certify that Speros J. Fleggas as Senior Deputy Secretary of the
Department of Administration, acting for the State of North Carolina, personally
appeared before me this day and acknowledged the execution of the foregoing
instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and Notary Seal this the
a 4'' day of TZ) N -e_ 12009.
Notary Public
N�
My commission expires:
A �
NORTH CAROLINA, CARTERET COUNTY
This instrument a is certi a are duly flied at
the date and bul and the o and Page showy
on the first page
,L w glslerofDeeds
ay �ll��
A.IL 0.0-.4,, Rxn.ro..f n-,+-

93 fix -100
�}tlrnit �cn )N(- aFC`I'016--)0k '
NORTH CAROLINA, CARTERE'T COUNTY
This instrument and this cerOW6 lire dory W al
Me data and time and in the Book and Page sh"n
on the nrst page tmnsO.
r�awrasaur. Reclshr _
�K ppNylpp[t4rdCaah
STATE OF NORTH CAROLINA
COUNTY OF CARTERET
FILE 1US
FOR REGISTRATION REGISTER OF DEEDS
Jerry T. Nardi. ty
Carteret Count YNC
March 24, 2615 10;405 AM
B9 WAIVER i0 P
FEE, $26.OE
FILE 103399
WAIVER OF MINIMUM SETBACK
THIS WAIVER OF MINIMUM SETBACK (the "Agreement") is made and
entered into as of the 19th day of August, 2014 by and among OLDE TOWNE YACHT CLUB,
INC. ("Club"), a North Carolina non-profit corporation; OLDE TOWNE DEVELOPMENT
CORPORATION, INC. ("Development"), a North Carolina corporation; and CRYSTAL
HOLDINGS, LLC ("Holdings"), allorth Carolina limited liability company;
WITNESSETH:
WHEREAS, Club owns riparian property located at 100 Olde Towne Yacht Club
Drive on the Beaufort Inlet in Beaufort, Carteret County, North Carolina (the "Club's Properly');
and,
WHEREAS, Holdings owns riparian property on Radio Island, Beaufort, Carteret
County, North Carolina adjacent to the Club's Property (the "Holdings Property"); and,
WHEREAS, the Club's Property and the Holdings Property each are located in the
estuarine and ocean system area of environmental concern governed by the Coastal Area
Management Act ("CAMA"), Article 7 of Chapter 113A of the North Carolina General Statutes,
and the implementing rules and regulations of Chapter 7, Title 15A of the North Carolina
Administrative Code ("NCAC% and,
WHEREAS, Development owns a Class A membership in Club, together with all
rights in and to Boat Slip No. 18B, in addition to all rights, benefits and easements arising from
such membership, including the right to the exclusive use of Boat Slip No. 18B and the
nonexclusive right in easement of enjoyment in and to all common areas (the "Class A
Membership"); and,
BOOK,PAGE

WHEREAS, Walter D. Brady is the principal shareholder of Development, and
Walter D. Brady and James H. Bailey, Jr. are the principal members in Holdings; and,
WHEREAS, the Club's Property and the Holdings Property each are subject to the
LAMA minimum setback requirement set forth in 15A NCAC 7H .0208(b)(6)(I) (the "Setback
Requirement"), which requires a minimum setback of fifteen (15) feet between any part of a pier
or docking facility and an adjacent property owner's area of riparian access (the "Minimum
Setback"); and,
WHEREAS, Holdings desires to construct a docking facility on the Holdings
Property that will encroach into the Minimum Setback and interfere with Club's area of riparian
access, as more particularly depicted on Exhibit A as Area A; and,
WHEREAS, Club has pylons Iocated at N 39' 11' 41" E 74.1 l' that may encroach
into the Minimum Setback and may interfere wish Holding's area of riparian access, as more
particularly depicted on Exhibit A as Area B; and,
WHEREAS, the CAMA Setback Requirement allows an adjacent property owner
to waive the Minimum Setback by a written agreement; and,
WHEREAS, in exchange for Club's waiver of (i) the Minimum Setback in favor
of Holdings and (ii) any all dues and fees owed by Development to Club for or associated with
its Class A Membership, Development agrees to assign, transfer and convey its Class A
Membership to Club and Holdings agrees to waive the Minimum Setback in favor of Club.
NOW, THEREFORE, for and in consideration of the mutual covenants and
agreements herein contained, and for other good and valuable consideration, the receipt and
sufficiency of which hereby are acknowledged, it mutually is agreed and covenanted by and
among the parties to this Agreement as follows:
1. INCORPORATION OF RECITALS. The Recitals set for above are
hereby incorporated into this Section I by reference.
2. WAIVER OF CLUB'S MINIMUM SETBACK. Club hereby waives the
Minimum Setback encompassed in Area A as it relates to the Club's Property, as more
specifically identified in the Sketch Plan Modification, dated February 25, 2014, for Oceanside
Yacht Club/Olde Towne Yacht Club attached hereto as Exhibit B and incorporated herein by this
2 BOOK ISUO PAGE 3?;Y

reference, in favor of Holdings in perpetuity to, without limitation, construct slips and/or finger
piers, dredge, or install pilings and/or boat lifts.
3. WAIVER OF HOLDINGS' MINIMUM SETBACK. Holdings hereby
waives the Minimum Setback encompassed in Area B as it relates to the Holding's Property, as
more specifically identified in the Sketch PIan Modification, dated February 25, 2014, for
Oceanside Yacht Club/OIde Towne Yacht Club attached hereto as Exhibit B and incorporated
herein by this reference, in favor of Club in perpetuity to, without limitation, construct slips
and/or finger piers, dredge, or install pilings and/or boat lifts.
4. WAIVER OF CLASS A MEMBERSHIP DUES AND FEES. Club
hereby waives any and all dues and fees owed, whether current or delinquent, by Development to
Club for or associated with its Class A Membership.
5. TRANSFER OF CERTIFICATE OF MEMBERSHIP. Development shall
assign, transfer and convey its Certificate of Membership to Club. Development shall deliver an
Assignment of Class A Membership in substantially the same form as the assignment attached
hereto as Exhibit C for the transfer of such Certificate of Membership.
6. MISCELLANEOUS.
a. Governing Law and Venue. The parties hereto agree that, without
regard to the principles of conflicts of law, the internal laws of the State of North Carolina shall
govern and control the validity, interpretation, performance, and enforcement of this Agreement.
The parties hereto agree that any action relating to this Agreement exclusively shall be instituted
and prosecuted in the courts of the County of Carteret, State of North Carolina, and each party
hereto hereby waives any and all defenses to venue and jurisdiction over the person.
b. Counterparts. This Agreement may be executed in multiple
counterparts, each of which shall be an original, but all of which shall constitute one and the
same instrument
C. Severabiliri. This Agreement shall be binding upon the heirs,
personal representatives, successors, and assigns of all of the parties hereto, and the invalidity or
unenforceability of any provision hereof shall in no way affect the validity or enforceability of
any other provision.
3 BOOKPAGE

d, Successors and Assigns. This Agreement is binding upon the
parties hereto, and their respective heirs, successors and assigns.
C. Entire Agreement. This Agreement contains the entire agreement
and understanding between the parties hereto with regard to the subject matter covered herein.
There are no conditions precedent or subsequent to the effectiveness hereof except as stated
herein or incorporated herein by reference. All prior negotiations, understandings, terms, and
conditions are merged in this Agreement.
f paragraph headings. The paragraph headings contained in this
Agreement are for reference purposes only and shall not affect in any way the meaning or
interpretation of this Agreement.
[This rest of this page is intentionally left blank. A signature page follows.]
4 BOOK PAGE 1>2 9

IN TESTIMONY WHEREOF, the parties hereto have caused this Agreement
to be executed in such form to be binding, all by authority duly given, as of the date first above
written.
OLDE TOWNE YACHT CLUB, INC.
By:
D P nt
OLDE TOWNE EVELOPMXNT CORPORATION,
INC.
By:
Walter D. Brady, resident
CRYSTAL HOLDINGS, LLC
By:
es H. Bailey, fr., e
By:
Walter D. Brady, Membe
ND: 4823-3160-1946, v. 7
ilato of iIL'
1, Mkkoe = Notary Public do hereby
certlty th r�qutc.�i[sr±s 4lfr��J3cacl�JTw es N•
thers ti ��;c ,=fibn (c�ftine coregoJS In zt,umenl.uwleness ley
` Q 2 % my hard sod official sed, this____ day
�OIAPp of _ 20 / iy
U - otay Pubic
C) -%,vo 2
7 m on 6P-Iiim to -a 0' :Qp�
"";N.r rqe,-Z` 5
"4nnn1110,
Boon 1„ AGE 3 1

iExhibit A
Hold,
Club's Property
(NOT TO SCALE)
For illustration purposes only. Please refer to Exhibit B Sketch Plan Modification, dated
February 25, 2014, for Oceanside Yacht Club/Olde Towne Yacht Club
This map is not a certified survey and has not been
reviewed by a Iocal government agency for compliance
With any applicable land development regulations,
BOOK�PAGE

Exhibit B
See attached.
B00K l� PAGES

S011
This map is not a certified survey and has notbeen reviewed by a local government agency for compliance
with any applicable land developmentregulations.
BOOKyAGE 3f

Exhibit C
STATE OF NORTH CAROLINA
COUNTY OF CARTERET
ASSIGNMENT OF CLASS A MEMBERSHIP
THIS ASSIGNMENT OF CLASS A MEMBERSHIP (the "Assignment") is made
and entered into this the 19th day of August, 2014, by and between OLDE TOWN
DEVELOPMENT, INC. ("Assignor") to OLDE TOWNE YACHT CLUB, INC. (the "Club");
WITNESSETH:
WHEREAS, Assignor and the Club are parties to that certain Waiver of Minimum
Setback, dated August, 19 2014 (the "Waiver"), pursuant to which Assignor has agreed to
convey, transfer, and assign Assignor's Class A Membership to the Club, as such term is defined
in the Waiver.
NOW, THEREFORE, for value received, Assignor hereby conveys, transfers,
and assigns unto the Club, all right, title, and interest, both legal and equitable, of Assignor in
and to that certain Certificate of Membership given by the Club dated October 13, 2003, to
Assignor, being Certificate No. 0204 for Assignor's Class A Membership in the Club, together
with all rights in and to Boat Slip No. 18B, in addition to all rights, benefits and easements
arising from such membership, including the right to the exclusive use of Boat Slip No. I8B and
the nonexclusive right in easement of enjoyment in and to all common areas.
Assignor acknowledges and understands that pursuant to the terms of this
Assignment Assignor's Class A Membership in the Club is hereby terminated and that Assignor
shall no longer have any membership rights in the Club. Assignor further authorizes and
requests the Board of Directors of the Club to approve this Assignment, transfer, and to effect the
same on the books of the Club, and to take any further action that the Club deems appropriate in
its reasonable discretion.
[This rest of this page is intentionally left blank. A signature page follows.]
9 BG®KPAGEj-LL

IN TESTIMONY WHEREOF, Assignor has caused this Assignment to be
executed in such form to be binding, all by authority duly given, as of the day and year first
above written.
i OLDE TOWNE DEVELOPMENT, INC.
EXHIBIT ONLY —DO NOT SIGN
By:
Walter D. Brady, President
ND: 4823-3160-1946, v. 7
10 g00K PAGE-34-