SW8930303_Historical File_20150302

Lewis,Linda
From: Lewis,Linda
Sent: Monday, March 02, 2015 12:01 PM
To: Scott, Georgette; Bennett, Bradley
Subject: Snug Harbour (SW8 930303) and Covil Crossing (SW8 040416)
I have a situation where 2 lots within Section 1 of the low density Snug Harbour (SW8 930303) were converted into
"Open Space" in 2003 and their BUA was reallocated as part of the addition of 5 lots within Section 3 of Snug Harbour.
The 2 lots were mostly wet and have a powerline easement running through them. It was our understanding at the time
we issued the permit that those lots would remain designated "Open Space" as part of the Snug Harbour development.
In 2004, we approved a low density permit for Covil Crossing, which included this same "Open Space" as Lot 63 within
Covil Crossing SW8 040416. We didn't connect the dots at the time.
Covil Crossing HOA recently discovered that they owned this area (I have a copy of the deed), because they were being
billed by the County Tax office for this open space as a single buildable lot. The HOA is looking at the possibility of selling
this area for development as one or possibly 2 lots.
Our problem is that we have an area that's been double -counted as low density project area within each respective
subdivision. Under Snug Harbour's permit, it's open space and has no BUA limit assigned. Under Covil Crossing's original
permit, it's Lot 63 with a BUA limit of 3,064 square feet. Please note that the Covil Crossing permit was transferred to
the Covil Crossing Owners Association last year, but was corrected from 63 lots to 62 lots, since the recorded maps that
were submitted as part of the permit transfer documents for Covil Crossing don't include this overlap area. The only
place it's shown as Lot 63 is on the 2004 approved plan for Covil Crossing.
My first thought is that Snug Harbour 930303 needs to modify their permit and recalculate the per lot density limits to
reflect the loss of this project area. That permit has not been transferred to the Snug Harbour at Covil Estates HOA, Inc.
yet, so a modification could be part of the transfer process. If that is approved, then we need to modify Covil Crossing's
permit to include 63 lots, as was originally permitted.
Does this seem reasonable or do I need to pursue a different option?
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 correspnndence to and from this address may be subject to the North Carolina Public Records Low and may be disclosed to
third parties.

Corporations Division Page 1 of 1
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I011RakWNC01OW-1i180 Account
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Corporate Names
Legal: SNUG HARBOUR AT COVIL ESTATES HOA, INC.
Non -Profit Corporation Information
Sosld:
0331454
Status:
Current -Active
Annual Report Status:
Not Applicable
Citizenship:
Domestic
Date Formed:
9/24/1993
Fiscal Month:
December
State of Incorporation:
NC
Registered Agent:
Harris, Dallas L
Corporate Addresses
Mailing: 7208 Wrightsville Ave
Wilmington, NC 28403
Reg Office: 7208 Wrightsville Avenue
Wilmington, NC 28403
Reg Mailing: 7208 Wrightsville Avenue
Wilmington, NC 28403
http://www.secretary.state.nc.us/SearchJprofcorp/4774400 3/2/201 S

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RC REV ST�IP:�320.�
I�SiRUI # 2�I�Di9�61
(Excise Tax) $7220.00 Recording time, Book and Page
Tax Parcel No. R04413-003-005-000; R04413-003-006-000
04 7
Prepared By and James A. MacDonald P.O.. Box 04 Se0ox Cavil Crossing
Return To: je Allen, MacDonald & Davis, PLLC WrightavUle Beach, NC 28480
1508 Military Cutoff Road, Suite 102
Wilmington, North Carolina 28403
After recording mail to: Thai T, LLC (Grantes)
P.O. Sox 777
Carolina Beach, N.C. 28428
STATE OF NORTH CAROLINA
WARRANTY DEED
COUNTY OF NEW HANOVER
THIS DEED, made this 30th day of June, 2010, by and between COVIL CROSSING
GROUP, LLC, a North Carolina limited liability company, hereinafter called the Grantor, and
THAI T, LLC, a North Carolina limited liability company, hereinafter called the Grantee. The
designation Grantor and Grantee as used herein shall include said parties, its heirs, successors, and
assigns, and shall include singular, plural, masculine, feminine or neuter as required by context.
WITNESSETH:
THAT said Grantor, for a valuable consideration paid by the Grantee, the receipt of which is
hereby acknowledged, has granted, bargained, sold and conveyed and by these presents does hereby
grant, bargain, sell and convey unto the said Grantee, its heirs and assigns, in fee simple, all that
certain lot or parcel of land situated in New Hanover County, North Carolina, and more particularly
described as follows:
BEING ALL OF THAT PROPERTY SHOWN ON EXHIBIT "A" WHICH IS
HERETO ATTACHED AND INCORPORATED BY REFERENCE.
Together with all and singular the tenements, hereditaments and appurtenances thereunto
belonging, or in anywise appertaining.
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 is seized of the premises in fee
simple, and has the right to convey the same in fee simple; that title is marketabic and free and clear
of al l encumbrances, except as follows. 2010 ad valorem taxes which Grantee agrees to pay, the two
existing deeds of trust as noted and assumed by the Grantee on Exhibit "A", usual rights -of -way for
utilities, restrictive covenants of record, if any, and applicable zoning regulations and ordinances,
if any; and that Grantor will WARRANT and DEFEND the title against the lawful claims of all
persons whomsoever, except for exceptions herein stated.

IN WITNESS WHEREOF, the Grantors have caused this instrument to be signed by its duly
authorized members/managers, the day and year first above written.
COVIL CROSSING GROUP, LLC
a North Carolina limited liability company.
REDLAND DEVELOPME INCORPORATED
(Member/Man )
BY:
MARTIN SORENSEN, President
TIHOMCO GRO INC., (Member/M'anager)
- 7.
BY:
DIC10. TROMPSON, President
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I certify that the following person personally appeared before me this day, acknowledging
to me that he voluntarily signed the foregoing document for the purpose stated therein and in the
capacity indicated: Martin Sorensen, President of Rediaad Development, Incorporated
(Member/Manager) for Covll Crossing Group, LLC, a North Carolina limited liability
company. [CHECK ONE] 0 (I) I have personal knowledge of the identity of the principal; or
❑ (ii) I have seen satisfactory evidence of the principal's identity by a current state or federal
identification, with the principal's photograph, in the form of a
��Date: Jane 30 , 2010.
�Z pUBL� • s P lic Signature
R _ Ward _
�isr '•••• ••' • 1 of Notary) Notary Public's Printed Name •
w. wwa�
My Commission Expires: s/ig/2U3
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I certify that the following person personally appeared before me this day, acknowledging
to me that he voluntarily signed the foregoing document for the purpose stated therein and in the
capacity indicated: Dick L Thompson, President of Thomeo Group, Inc., (Member/Monager)
for CovH Crossing Group, LLC, a North Carolina limited liability company. [CHECK ONE]
V (1) I have personal knowledge of the identity of the principal; or ❑ (ii) I have seen satisfactory
evidence of the principal's identity by a current state or federal identification, with the principal's
photograph, in the form of a
Date: Jae 30 , 2010.
—
N Pu is Si ature
Lym B. Ward
Notary Public's Printed Name
My Commission Expires: snai2nr-

EXHIBIT "A"
BEING all of the land and Lots contained within Section One of Cavil Crossing at Cavil
Estates as shown on the map for Section One recorded in Map Book 51 at Page 150 of the New
Hanover County Registry reference to which map is made for a more particular description
saving and excepting Lots 8, 9,10,11,12,13,15,16,17,18, 20 and 21. It being the intent of
the Grantor to convey to the Grantee all remaining lots or lands owned by the Grantor lying
within the bounds of Section One of Cavil Crossing at Cavil Estates as shown on the map of
Section One recorded in Map Book 51 at Page 150 of the New Hanover County Registry.
BEING all of lots, wetland areas, easements, open space lots and recreation space or any land
area as depicted on the map of Section Two, Cavil Crossing at Cavil Estates as the same b
recorded in Map Book 51 at Page 148 of the New Hanover County Registry reference to
which is made for a more particular det-eription. It being the intent to convey all lands owned
by the Grantor in Section Two to the Grantee.
ALL of that tract of land labeled "Open Space (Formerly Lot 40)" as shown on plat recorded
in Map Book 41, Page 133, of the New Hanover County Registry.
ALL of that tract of land labeled "Open Space (Formerly Lot 41R)" as shown on plat recorded
In Map Book 41, Page 133, of the New Hanover County Registry.
SUBJECT to the deed of trust granted by Cavil Crossing Group, LLC, to Frank W. Ix, as
Trustee for Park Sterling Bank recorded in Book 5326 at Page 886 of the New Hanover
Country Registry; and
SUBJECT to the deed of trust granted by Cavil Crossing Group, LLC to Ned M. Barnes, ae
Trustee for Dick J. Thompson recorded in Book 5278 at Page 1928 of the New Hanover
County Registry.
By the acceptanceof this deed the Grantee agrees to assume the above described deeds of trust.

JENNIFER H. MACNEISH
REGISTER OF DEEDS, NEW HANOVER
216 NORTH SECOND STREET
WILMINGTON, NC 28401
!!R!!!t##!R#R#t!!!!ii#}RRIMRIFtMRIii####!!#R#!!i!!!}#!R!!R!t!!!!!i!i}}RRR}RRRItRRiIiRR#itRRRlilR!##R#R##iRR##i!###RYY}RRR!
Filed For Registration:
Book:
Document No.:
NC REAL ESTATE EXCISE TAX:
Recorder:
07/09/2010 03:46:18 PM
RE 5496 Page: 2447-2450
2010018761
4 PGS $25.00
$2,220.00
JOHNSON,CAROLYN
State of North Carolina, County of New Hanover
PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT.
*2010018761*
2010018761

k
i2MUS1573imun
FOR REGISTRRTION REGISTER OF DEEDS
RESECCA P. SMITH
NEW HANOVER COUNTY NC
2W JAN 16 04:32:56 PM
BK:4963 P6216-322 FEE:f23.00
% REV STA1P42,920B
ISM 20151
$2, 820 Excise Tax Recording time, book and page
ParcelldenffwNo. R04400-005-034-000; R04400-005-041-000; tti13g UU033-Lgglp000 and
No certification or on on title is sed the"'`�`� I3—S03— 86— OU
opinion exprea by prepaer of this deed as may appear prepareds
signed certificate or opinion.
Prepared by: William O.J. Lynch, Hogue, Hill, Jones, Nash & Lynch, L.L.P.
P. O. Drawer 2179, Wilmington, NC 29402
Grantee mailing address: PO Box 777, Carolina Beach, NC 28428
Returned to:
STATE OF NORTH CAROLINA
WARRANTY DEED AND ASSIGNMENT
COUNTY OF NEW HANOVER
KNOW ALL MEN BY THESE PRESENTS that DALLAS FFL4RWS LAND
COMPANY, LLC, a North Carolina limited liability company ("GRANTOR'l, in consideration
Of TEN AND NO1100 ($10.00) DOLLARS and other good and valuable consideration, paid to
GRANTOR by COVIL CROSSING GROUP, LLC, a North Carolina limited liability company
("GRANTEE"), the receipt of which is hereby acknowledged, by these presents, does give, grant,
bargain, sell and convey unto the said GRANTEE, and GRANTEE'S successors, and assigns,
forever, in fee simple, all those certain lots or parcels of land located in the County of New
Hanover, State of North Carolina, and more particularly desm1W on Exhibit A attached hereto
and incorporated herein by reference (the "Property).
TO HAVE AND TO HOLD the Property and all privileges and appurtenances thereto
belonging, to the said GRANTEE and said GRANTEE's successors, and assigns, forever, in fee
simple; and the GRANTOR, for itsel& its successors and assigns, does covenant with the said
GRANTEE and said GRANTEE's successors and assigns, that GRANTOR is seised of the
Property in fee simple, and has the right to convey the same in the estate aforesaid, that title is
marketable and free and clear of all encumbrances, except as herein stated, and that GRANTOR
hereby will warrant and defend the title against the lawful claims of all persons whomsoever,
except for the exceptions and other matters set forth on Exhibit B attached hereto and
incorporated herein by reference.
FURTHER, Grantor assigns and sets over to Grantee any and all rights which Grantor
may have (i)under that Declaration recorded in Book 2053, Page 825 of the New Hanover
County Registry (the "Amenities Declaration'), (ii)to add lots to Covil Estates, including lots
subdivided by Grantee from the Property, and (iii)to subject the Property or any part thereof to
the terms of the Amenities Declaration. All of the provisions of that certain Agreement for
Purchase and Sale of Real Property between Grantor and The Golden Road Croup, LLC, dated
Nov. 17,12003, covering the Property (the "Contract'), are merged into this deed and no
representations and warranties other than the warranty of title contained in this deed, whether
contained in the Contract or otherwise, shall survive the conveys= of the Property pursuant to
this deed.
[SIGNATURE PAGE FOLLOWS)

IN WITNESS WHEREOF, the GRANTOR has caused thi •ns trument to be signed in its
name by its duly authorized Member/Manager, this thee day of ,,, r , 200,?.'
D S LAND COMPANY, LLC
By.
Member/Manager
STATE OF AOMW d#jr iv,¢
COUNTY OFMA/ MWVil,,94
1, J1.,_14•41;eAeAh*A! , a Notary Public of the State and County aforesaid,
certify that DALLAS HARRIS personally came before me this day and acknowledged that he is
the Member/Manager of DALLAS HARRIS LAND COMPANY, LLC, a limited liability
company, and that he, as Member/Manager, being authorized to do so, executed the foregoing on
behalf of the limited liability company.
WITNESS my hand and official seal this the A$ day of , 200.<"
My commission expires: Z�
(SEAL)
§ 47-18.3 and § 47-41.01
U, Q] .
No Public /V.M. Strachan
CFMK SEAL
11'!1. 7! CAWLMA a NEW HANOM COUNTY
0 tir STRAMN
NOTARY PUBLIC
qr CmaMiaa F

EXHIBIT A
TMCT 1. Beginning at the north most corner of Lot 63, as shown on that map entitled "Section 3 and
Revision of Lots 40 & 41R of Section 2" of Snug Harbour at Covil Estates", as recorded in Map Book 41,
Page 133 of the New Hanover County Registry; running, thence from said beginning and along the east
line of that tract recorded in Book 1610, Page 851 of said Registry:
1. N3402510211E 560.15' to the southeast corner of that tract recorded in Book 14, Page 273 of said
Registry; thence, along the east line of said tract and beyond
2. N25044'35"E 454.64' to a point; thence,
3. S889411521T, 164.14' to a point; thence,
4. S71'26'48"E 245.65' to a point; thence,
5. S88034'09"E 149.57' to a point; thence,
6. N79°29'54"E 256.77' to a point in the east lime of a 100' CP&L Right of Way; thence, along said
east line
7. S08011'24"W 1396.66' to a point; thence, leaving said line and along the north lines, if extended,
of the aforesaid Sections 2 and 3 of Snug Harbour
S. N48026'04"W 259.95' to a point; thence,
9. N53°38'46"W l 14.49' to a point; thence,
10. N5V13'52 V 114.49' to a point; thence,
IL N65010'54'W 125.07' to a point; theacc,
12. N69051'53"W 100.02' to a point; thence,
13. S1912014611W 20.00' to a point, thence,
14. N70039' 14"W 200.00' to a point; thence,
15. N19°20'46"E 19A9' to a point; thence,
16. N73035'00"W 346.84' to the point of beginning
Containing 24.59 ae+/. and being a portion of Covil Farts Tract, however, together with, and/or subject
to, any easements or rights of way which may be found of record or otherwise.
The above description is not the result of an actual survey performed by Arnold w. Carson, PLS, PC, and
was derived from various record and non -record documents.
TRACT 2. All of that tract of land labeled "Open Space (Formerly Lot 40)" as shown on plat recorded in
Map Book 41, Page 133, of the New Hanover County Registry.
TRACT 3. All of that tract of land labeled "Open Space (Formerly Lot 41R)" as shown on plat recorded
in Map Book 41, Page 133, of the New Hanover County Registry.

EXHIBIT `RN
I. Seller warrants that owners of the property, when subdivided, will have use of the Covil
Estates amenities.
2. Seller warrants that the property shall be exempt from any HOA dues on the property until
the property is conveyed from Buyer to others.
3. Seller warrants that the property is not subject to Wilmington City development regulations.
4. Seller warrants that Buyers house plans shall be approved prior to closing.
5. Seller to furnish to Buyer all surveys, plans (preliminary or completed), permit applications,
wetland delineations and any other submissions or information regarding the property at no
cost to Buyer.
6. Seller to respond to Buyers offer within 24 hours.
7. Intracoastal Realty will receive the initial listing on the finished units when built by Buyer.

REBECCA P. SMITH
REGISTER OF DEEDS, NEW HANOVER
216 NORTH SECOND STREET
WILMINGTON, NC 28401
Filed For Registration: 01/10/2006 04:32:58 PM
Book: RE 4963 Page: 2018-2022
Document No.: 2006001573
DEED 5 PGS $23.00
NC REAL ESTATE EXCISE TAX: $2,820.00
Recorder: SCOTT, NANCY A
State of North Carolina, County of New Hanover
YELLOW PROBATE SHEET IS A VITAL PART OF YOUKRECORDED DOCUMENT.
PLEASE RETAIN WITH ORIGINAL DOCUMENT AND SUBMIT FOR RE-RECORDING.
*2006001573*
200600/573

JOHN TYHACZ p
7114 Key Point Drive
Wilmington, NC 28405
[phone]-`
[e-mail] c
April 16, 2004
Linda Lewis
NC Department of Environment
& Natural resources
127 Cardinal Drive
Wilmington, NC 28405
Dear Ms. Lewis:
APR -�
Thought more about our phone conversation and feel you would be interested in the attached.
- Exhibit "A" - Warranty Deed showing a ten -parcel transfer executed on 12/31/03 does not seem to
present any requirements your department placed on any parcels.
- Exhibit `B" - Quit claim going to another company of Dallas Harris for all the parcels does not seem to
present any of your requirements. Transfer took place 12/31/03
- Exhibit "C" - Claim of adverse conveyance and registry documents a number of transfers of all of the
same parcels on the same day 12/31/03.
- Exhibit "D" - Registered plat shows all parcels and their location. Approval of plat was rejected by the
NHC planning department. A formal complaint has been lodged against the surveyor.
- Exhibit "E" - NHC records show parcel R04413-002-032-000 (trac "I" on exhibit "D") as being owned
and having been transferred to the NCCLT by Pepper Tree At Covil Est. HOA. Note the warranty deed
includes the same parcel R04413-002-032-000 as being transferred to the NCCLT by Dallas Harris Land
Co., L.L.C..
- Exhibit "F" - Copy of letter from NHC Planning Director to the NCCLT calling for compliance with the
applicable zoning ordinance and approved plans.
I don't know where of if your department wishes to get involved in this serious matter, but if you decide to
participate in some helpful way, it would be welcomed.
Ve 'your

EnNi6i1"A' 051110M
VM NEWNIM94WPIAMP0M
Tax parcel No. oyM�'f•ee9•a9P�•evs R3yii��oe"s""tea w
18 '0�"oO o ° iroo -a'ia• oo Rer4 ��i
Prepared By: Deaxt'" ' t 2, Attor�y RaOy�3•ee'!
1508 Military Cutoff Road, to lag
Wilmington, Worth Carolina 20403
Deb
After recording mail to: MGM CAROL& NiA ClQAVM LUM TMMT
RERMMTO 3 11b6 '� PARR Ant
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+rrrrrttttrrtrwwwrttrwww,►•*twr*rtrtrrww*wwwwrtrwwwrtrrt*rrrrrrtr
STATE OF NORTH CAROLINA
COi1M OF Nor HAWOM
THIS UMD, mQdo this day of December 2003,.by and
between D&W" ZWZS "MMM, i.LC, a North Careliaa 11"ted
liability coormw herein called the Grantor, and nun= CAXOynM
COASTAL L74W TRUST, hereinafter called the Grantee. The designation
Grantor and Grantee as used herein shall include said parties, his
heirs, successors, and assigns, and shall Include singular, plural,
masculsne, feminine or neuter as required by context.
Wa TV2322TSt
TN71T said Grantor, #or a valuable uoasideratica paid by the
Grantee, the receipt of which is hereby acknowledged, has granted,
bargained, sold and conveyed and by these presents does hereby
Great, bargain, sell sad ceavey unto the said Grantee, ate successor*
and assigns, in fee simple, all that certain lot or parcel of land
situated in the New Aanovar County, Worth Carolina, and more
particularly described as follows:
Bits sZUBXT 'As x'1'SUM ZMMW0 AND CRAM AS IS WMLE
MT MUM amEN.
Together with all and singular the tenements, hereditameats
and appurtenances thereunto belonging, or in anywise appertaining.
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 Granter covenants with the arantee, that Grantor is
seised of the premzmes is fee simple and has the ri t to Conveythe some in too simple, that title is Warketable and ree and clear
of all encumbrances, except 2004 ad valorem taxer., and ordinances
and municipal building erode restrictions, if any, and that Grantor
will WARRIM and DWMW the title against the lawful claims of all
persuae whomsoever except for excaptices herein stated.

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4126
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hR:11 PN
F� s�.h�10M I M170
(Excrse Tax) $ RO yq 17 • o oy . o V r. o00
TaxParcehNo by4t-1•0o�(�aY6•000 R0gfl)11• 007.asq.000
,0'X, . Oor-03t+•000 R0y�f1'1• 003r.003.00 R0ggj3.Oo"1•o36•oao
Qogvoo• aor-o38.000 R0t(gj3 e0a•83A•000
Prepared By bean I. Davis, Attorney R O u y 19- oo 1/ • QySI• 000
1508 Military Cutoff Road, Suite 102
Wilmington, North Carolina 28403
Aber recording mail to:
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVBR QUITCLAIM DEED
This deed, made and entered into this Alst day of December, 2003, by and between
DALLAS HARM REAL. k'MATE-coast melon, INCORPORATED. a North t aran..
corporation , of New Hanover County, North Carolina; and DALLAS HARM LAND
COMPANY, LLC, a North Carolina limited liability empany, of New Hanover County,
North Carolina.
WITNESSETH:
That said Onntor, for a valuable consideration paid by the Grantee, the receipt of which
ua hereby acknowle484 has remssed and released and by these Puents does remise, release, and
forever quitclaim unto grantaa, its aueeM=8 cad assigns all right, title, claim, and interest of
the said Grantor in and to a certain tract or panel of land lying and being in the County of New
Hanover and State ofNorth Carolina„ and more particularly descx,'bed as follows:
SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED AS IF
FULLY SET FORTH HEREIN.
To have and to hold the aforesaid tract or parcel of land and all privileges thereunto
belonging to the said Oradea and its heirs and assigns fire and discharged from all right,
title, claim, or interest of the said Grantors or anyone claiming by, through or under them.
2N WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if corpo-
rate, caused this instrument to be signed in its corporate name by its duly authority of its Board of
Directors, the day and year first above written
DALLAS HARRIS REAL ESTATE -construction,
INCORPORATED
FETMED10 a North Carolina corporation
uw' I imiz
011
BY (SEAL)
y�'C� President

ea e.hibif
I�IISIIIIIIII
FOR REGISTRATIION REGISTER OF DEEDS
REBECCA T. CHRISTIAN
NEW HANOVER COUNTY, NC
2004 APR * 04:34:48 PM
BK:4274 PG:705-708 FEE120.00
I1111F 120911969
Tax Parcel No: RO 4417 004-044-000
Prepared By: The Key Colony At Covil Estates HOA, Inc.
1630 Military Cutoff Road
Wilmington, NC 28403
Mier recording mail to: North Carolina Coastal Land Trust
3806-B Park Avenue
Wilmington, NC 28403
Dallas Harris Real Estate
Construction, Inc.
C/O Dean R. Davis
Dallas Harris Land Company LLC
C/O Dean R Davis
1508 Military Cutoff Road
Wihmington, NC 28403
DHL Development Company LLC
C/O Dean R. Davis
1508 Military Cutoff Road
1508 Military Cutoff Road Wilmington, NC 28403
Wilmington, NC 28403
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
North Carolina DOT
3113 N. Kerr Avenue
Wilmington, NC 29405
Attu: Hugh Thompson
NOTICE OF ADVERSE CLAIM OF
CONVEYANCE and REGISTRY
Pursuant to N.C.G.S. Chapter 43, Article 5, Section 43-27, now comes The Key Colony At Covil Estates HOA, Inc. Board of
Directors and hereby gives notice to North Carolina Coastal Land Trust, Dallas Harris Real Estate Construction, Inc, Dallas Harris
land Company LLC, and DLH Development Company LLC of a Claim of Adverse Registry of Quit Claim Instrument 2003081748,
Quit Claim Instrument 2003081749, and Warranty Deed instrument 2003081750, filed with the Register of Deeds for the County of
New Hanover, North Carolina, on the Tax parcel Number RO 4417 004-04-00; also described as "Trac G" on the plat (see note)
attached to each instrument stated as recorded in Map Book 45 at Page 122.
Whereas:
On May 19, 1993, the Declarant/Developer of The Key Colony At Covil Estates, Dallas Hams Real Estate Construction,
Inc., did file with the New Hanover County Register of Deeds, the Declaration of Covenants, Conditions and Restrictions Of
Key Colony At Covil Estates; and,
2. On July 21, 1993, the Declarant/Developer of The Key Colony At Cavil Estates, Dallas Harris Real Estate Construction, Inc.,
did file with the New Hanover County Register of Deeds a plat, duly approved by the County of New Hanover in Map Book
33, Page 110, which included such real property in its entirety, noted on such plat as `Buffer", within the jurisdiction of and
dedicated to The Key Colony At Covil Estates HOA, Inc.; and,

3. �n September 23, 1993, the Declarant/Developer of The Key Colony At Covil Estates, Dallas Harris Real Estate
Construction, Inc., did file with Secretary of State for the State of North Carolina, the Articles of Incorporation and By -Laws
for The Key Colony At Covil Estates HOA, Inc.; and,
4. On or about February 15, 1995, pursuant to the Articles of Incorporation, By -Laws, and Covenants, Conditions and
Restrictions for The Key Colony at Covil Estates, the Declarant/Developer of The Key Colony At Covil Estates, Dallas
Harris Real Estate Construction, Inc., did duly resign all authority and positions on the Board of Directors of The Key Colony
at Covil Estates HOA, Inc.; and,
5. From the time period of on or about February 1995 until December 31, 2003, the Declarant/Developer was negligent by not
properly conveying said real property to The Key Colony At Covil Estates, HOA, Inc., pursuant to the Articles of
Incorporation, By -Laws, and Convenants, Conditions and Restrictions filed with New Hanover County and the State of North
Carolina for benefit of The Key Colony At Covil Estates HOA, Inc., and its members; and,
6. On December 31, 2003, DHL Development Company LLC did, illegally and without proper authority of the Board of
Directors of The Key Colony At Covil Estates HOA, Inc, or a vote of a majority of its members, convey said real property to
Dallas Harris Land Company LLC (Quit Claim Instrument 2003081748); and,
7. On December 31, 2003, Dallas Harris Real Estate Construction, Inc. did, illegally and without proper authority of the Board
of Directors of The Key Colony At Covil Estates HOA, Inc, or by a vote of a majority of its members, convey said real
property to Dallas Harris Land Company LLC (Quit Claim Instrument 2003081749); and,
8. On December 31, 2003, Dallas Harris land Company LLC did, illegally and without proper authority of the Board of
Directors of The Key Colony At Covil Estates HOA, Inc, or a vote of a majority of its members, convey said real property to
North Carolina Coastal Land Trust (Warranty Claim instrument 2003091750); and,
9. On or about December 31, 2003, Dallas Harris Real Estate Construction, Inc., Dallas Harris Land Company LLC, DHL
Development Company LLC, and North Carolina Land Trust Company did conspire and work together to negotiate the
unauthorized conveyance and registry of said real property away from the jurisdiction of The Key Colony At Covil Estates
HOA, Inc, and its members, as to deny such parties control, access, use and enjoyment of said real property; and
10. On or about December 31, 2003, Dallas Harris Real Estate Construction, Inc., Dallas Harris Land Company LLC, DHL
Development Company LLC, and North Carolina Land Trust Company did conspire and work together to negotiate the
unauthorized conveyance and registry of said real property away from the jurisdiction of The Key Colony At Covil Estates
HOA, Inc, and its members, as to enter into contractual agreements with the North Carolina Department of Transportation to
fiuther convey said real property to the control of the North Carolina Department of Transportation for the purpose of
acquiring substantial financial benefits.
Note: Approval request for Plat in Map Book 45 at page 122 rejected by Local Jurisdiction.
Therefore:
1. The Key Colony At Covil Estates HOA, Inc. Board of Directors does hereby file this Notice of Adverse Claim as to the
improper conveyance and registry of said real property by said third and fourth parties without the authority of the Board of
Directors or approval of a majority of its members of The Key Colony at Covil Estates HOA, Inc,; and,
2. The Board of Directors At Covil Estates HOA, Inc. hereby asserts damages caused to the corporation and its members by
said actions of said third and fourth parties; and,
3. The Board of Directors At Covil Estates HOA, Inc. hereby asserts a loss of control, access, use, enjoyment and financial
benefits and a future loss of control, access, use, enjoyment and financial benefit caused to the corporation and its members
by said actions of said third and fourth parties.

New Hanover County Tax Records Inquiry - Detail Data
Page 1 of 1
Cxhi�it 0 :y
NEW HANOVER COUNTY TAX DEPARTMENT
Real Estate Tax Records Inquiry - Detail Data
Current Tax Year Data
Parcel ID ................................. R04413-002-032-000
Owner 1/l/03.......................... PEPPER TREE AT COVIL EST HOA
Current Owner ........................ N C COASTAL LAND TRUST
Property Address .................... ISLAMERTA PL CONSV
Legal Description ..................... (2.84 AC) CONSERVATION AREA
Real Estate Values Represent Market Value as of January 1,1999
TOTAL RCN ( 0 BUILDINGS ) ................................... 0
TOTAL DEPRECIATION ............................................. 0
TOTALRCNLD.................................................... = 0
TOTAL MISC. IMPROVEMENTS ....................................... +0
TOTALLAND ..................................................... +425
TOTAL RCNLD + MI + LAND ........................................ = 425
MARKET ADJUSTMENT.............................................. 0
TOTAL VALUE OF PROPERTY USING MARKET ADJUSTED COST METHOD...... 425
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http://www.nhcgov.com/Oasinq/Oasdata.jsp?sel=RD4413-002-032-000 4/17/04

Ldibit 11F//
New Hanover County
Planning Department
Dexter L. Hayes
Director
Ms Camilla Herlevich
Executive Director
NC Coastal Land Trust
3806-B Park Avenue
Dear Camilla:
County Annex Building
230 Marketplace Drive, Suite 150
Wilmington, NC 28403
P 910.798.7165
F 910.798.7053
March 30, 2004
Several residents in the Key Colony Development off Military Cut -Off have brought to
our attention the recent transfer of a parcel of land located within their subdivision. This
parcel is described as a "buffer" and is part of the open space that was set -aside in the
development approval that was granted for this project in 1993. The area is clearly
labeled on several maps that were approved and recorded for the Subdivision.
As you are aware, New Hanover County's Performance Residential Requirements in our
Zoning Ordinance allows the clustering of smaller lots than would otherwise be permitted
provided an adequate amount of open space is encumbered for the benefit of the private
properties in the development. Any transfer of such open space must preserve the
interest of the Key Colony Residents in that property. If the property has been transferred
without any of these restrictions and covenants such transfer would be in conflict with the
approved plans and a violation of our Zoning Ordinance.
By copy of this letter I am also notifying the Dallas Harris Land Co of this serious matter
being brought before us. It is our hope that both parties will promptly make
arrangements to comply with the County's requirements.
Cc Dallas Harris Land Co
County Attorney
Sincerel
Dexter Hayes