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Filed Consent Judgment for Recording
pIPatl'� 1011 NOV -3 A q 45 CO.,C.S.C. BY_ -- NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION NEW HANOVER COUNTY HOOSIER DADDY, LLC, Plaintiff, Vs. CAPE FEAR PUBLIC UTILITY AUTHORITY, Defendant. CAPE FEAR PUBLIC UTILITY AUTHORITY, Plaintiff, V. HOOSIER DADDY, LLC, RANDY POWELL, TRUSTEE, and TRUSTATLANTIC BANK, BENEFICIARY, Defendant. CONSENT JUDGMENT 15 CVS 4220 15 CVS 4289 (`,EPTIcIED TRUE COPY iRONI Ge „c:4fkoz4ior Court, Rom+ ti ,"6 Or This cause came to be heard before the undersigned Superior Court Judge. Pursuant to a settlement between and among Parties Hoosier Daddy, LLC ("Hoosier Daddy") and Cape Fear Public Utility Authority ("CFPUA") (together, the "Parties"), it appears that entry of this Consent Judgment should be allowed, as evidenced by their signatures affixed hereto. The Parties having stipulated to them, the Court makes the following findings of fact. FINDINGS OF FACT 1. The action numbered 15 CVS 4289 (the "15 CVS 4289 Action") was duly instituted by CFPUA on November 30, 2015, by the issuance of a Civil Summons, the filing of a Complaint and Declaration of Taking, and the deposit of THIRTY-FIVE THOUSAND SIX HUNDRED FIVE DOLLARS AND 00/100 ($35,605.00) ("Deposit") with the New Hanover County Clerk of Court as CFPUA's estimate of just compensation owed for the taking in the 15 CVS 4289 Action. 2. The action numbered 15 CVS 4220 was duly instituted by Hoosier Daddy LLC on November 20, 2015, by the issuance of a Civil Summons and the filing of a Complaint (the "15 CVS 4220 Action") (together with the 15 CVS 4289 Action, the "Actions"). 3. The Civil Summons in the 15 CVS 4289 Action, together with a copy of the respective Complaint, was duly served upon Hoosier Daddy on January 6, 2016, and on Randy Powell, Trustee, and TrustAtlantic Bank, Beneficiary, on December 3, 2015. 4. The Civil Summons in the 15 CVS 4220 Action, together with a copy of the respective Complaint, was duly served upon CFPUA on November 25, 2015. 5. Hoosier Daddy is the sole owner of the real property that is the subject of these Actions (the "Hoosier Daddy Property"), more particularly described in Deed Book 5776, Page 879, of the New Hanover County Registry and identified as New Hanover County Tax Parcel ID R02400-002-010-000. The residential subdivision contemplated and proposed by Hoosier Daddy for the Hoosier Daddy Property is referred to by Hoosier Daddy as the Sunset Reach subdivision. 6. TrustAtlantic Bank was named as a Defendant in the 15 CVS 4289 Action solely in its capacity as the beneficiary of a Deed of Trust recorded on October 15, 2014, in Deed Book 2 5845, Page 1149, New Hanover County Registry ("Deed of Trust"). Randy Powell, Trustee, was named as a Defendant in the 15 CVS 4289 Action solely in his capacity as the Trustee under the Deed of Trust. 7. By execution of the Consent Motion for Disbursement of Deposit filed with the Court in the 15 CVS 4289 Action on February 6, 2016, Defendants TrustAtlantic Bank and Randy Powell, Trustee, agreed to and did waive any interest in and arising out of the 15 CVS 4289 Action, including, but not limited to, any interest in or to the Deposit and any interest in, or the right to recover, any further compensation to be paid in the 15 CVS 4289 Action. 8. By the Court's Order Granting Disbursement of Deposit filed in the 15 CVS 4289 Action on February 9, 2016, it was ordered and decreed that Defendants TrustAtlantic Bank and Randy Powell, Trustee, shall have no further interest in and arising out of the 15 CVS 4289 Action, including, but not limited to, any interest in the Deposit or to any further compensation paid in the 15 CVS 4289 Action. 9. CFPUA instituted the 15 CVS 4289 Action to acquire by eminent domain a sewer utility easement for the project known as the Walnut Hills Pump Station Improvements and Force Main. Exhibit A to the Complaint filed in the 15 CVS 4289 Action describes by metes and bounds the area within the Hoosier Daddy Property taken by the CFPUA for the sewer utility easement. 10. On or about August 6, 2016, CFPUA filed pursuant to N.C. Gen. Star. § 40A-45(c) in the 15 CVS 4289 Action a plat ("the Court Plat") depicting the property taken ("the Sewer Utility Easement Area") and such additional areas as may be necessary to properly determine compensation, and served a copy of that Court Plat upon Hoosier Daddy. 11. Hoosier Daddy instituted the 15 CVS 4220 Action as an inverse condemnation action pursuant to N.C. Gen. Stat. § 40A-51, alleging that it owns a water system, including water pipes, fire hydrants, gate valves, blow -off assemblies, a pressure pipe, and other related components and installations ("the Water System"), that CFPUA had begun using Hoosier Daddy's Water System and had devoted it to public use without legally acquiring any interest in the Water System and without compensation to Hoosier Daddy, and that CFPUA had physically entered the Hoosier Daddy Property in connection with its use of the Water System, thereby devoting those areas of the Hoosier Daddy Property to public use without legally acquiring any interest in said areas and without compensation to Hoosier Daddy. 12. Hoosier Daddy identified the areas of the Hoosier Daddy Property allegedly taken by CFPUA by reference to that certain map ("the Map") attached to Hoosier Daddy's Complaint in the 15 CVS 4220 Action as Exhibit A (and attached hereto as Exhibit A and incorporated herein by reference). 13. Hoosier Daddy is designing and building a pump station ("the Hoosier Daddy Lift Station") that can accommodate sewer flows outside of the Sunset Reach subdivision. CONCLUSIONS OF LAW 1. The Court has jurisdiction over the Parties and the subject matter in this case. 2. CFPUA was entitled to acquire and did acquire, free and clear of all encumbrances, on the 30th day of November, 2015, by the filing of the Complaint and Declaration of Taking in the 15 CVS 4289 Action, together with the Deposit, those certain interests and areas described in the Complaint, and more particularly in the Court Plat filed pursuant to N. C. Gen. Stat. § 40A-45, in the 15 CVS 4289 Civil Action, in, over, upon, and across the Hoosier Daddy Property ("the Sewer Utility Easement Area"). 3. CFPUA has the authority to grant a variance to Hoosier Daddy to construct and maintain a gated fence crossing (the "Fence") in the Sewer Utility Easement Area. 4 4. Hoosier Daddy has submitted an application for such a variance and has the authority to release CFPUA from liability for damage to the Fence. 5. CFPUA has the authority to grant to owners of real property utilizing the CFPUA operated and maintained sewer facilities a valid right of first refusal to the utilization of sewer flow and capacity associated with the CFPUA operated and maintained sewer facilities. 6. Hoosier Daddy has the authority to convey to CFPUA, and CFPUA has the authority to receive from Hoosier Daddy, the Water System, the Hoosier Daddy Lift Station and associated sewer utility lines that have been or will be constructed on the Hoosier Daddy Property by Hoosier Daddy, the "Hoosier Daddy Force Main" (as that term is defined herein), and the "Hoosier Daddy Gravity Lines" (as that term is defined herein). 7. Hoosier Daddy has the authority to convey to CFPUA any and all easements and other interests necessary for CFPUA's use of the Water System, the Hoosier Daddy Lift Station, the Hoosier Daddy Force Main, and the Hoosier Daddy Gravity Lines, including without limitation the areas and interests depicted in the Map (Exhibit A hereto) and the Easement and Conveyance (attached hereto as Exhibit B and incorporated herein by reference). 8. CFPUA has the authority to waive the one-year warranty period for the Water System. 9. Section 4-4.b of CFPUA's governing ordinances ("Cape Fear Public Utility Authority, NC Code of Ordinances"; hereinafter, "the Code"), allows for cost -reimbursement agreements that provide for the potential recapture of portions of sewer infrastructure costs paid by developers. 10. Pursuant to the Order Granting Disbursement of Deposit in the 15 CVS 4289 Action, Defendants TrustAtlantic Bank and Randy Powell have no further interest in the 15 CVS 5 4289 Action. Defendants TrustAtlantic Bank and Randy Powell were not named as parties, and have no affected interest, in the 15 CVS 4220 Action. 11. The Parties are under no legal disability. 12. The Parties have reached an agreement to resolve all claims that have been or could have been raised in the Actions, which agreement is embodied in this Consent Judgment. 13. The Parties are entitled to have the provisions of this Consent Judgment made the judgment of this Court in both of the Actions. 14. These proceedings are regular in all respects and no reason exists for not entering this Consent Judgment. NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED THAT: 1. CFPUA, Plaintiff in the 15 CVS 4289 Action, was entitled to acquire and did acquire, by the filing of a Complaint, Declaration of Taking and Notice of Deposit, together with the deposit of $35,605.00, on November 30, 2015, those certain interests and areas described in the Complaint and depicted in the Court Plat, in, over, upon, and across the Hoosier Daddy Property. 2. The interests acquired by the CFPUA in the 15 CVS 4289 Action in, over, upon, and across the Hoosier Daddy Property, in the area depicted on the Court Plat, are described as follows: An easement for the installation, operation, and maintenance of a system of pipelines or mains and related facilities for sewer purposes (collectively the "Facilities"). Said Facilities may include, without limitation, sewer lines, pipes, valves, hydrants, meters, manholes; provided, however, that such Facilities shall be limited to and consistent with sewer purposes. CFPUA's rights granted herein shall include the right to do all things reasonably necessary and convenient to satisfy the purposes explicitly described in this paragraph, including without limitation constructing, laying, maintaining, inspecting, operating, protecting, repairing, changing the size of, replacing, removing or abandoning the Facilities. 0 3. The area acquired by CFPUA in the 15 CVS 4289 Action in, over, upon, and across the Hoosier Daddy Property is: described by metes and bounds in Exhibit A to the Complaint filed in the 15 CVS 4289 Civil Action; accurately shown upon a plat attached as Exhibit D to that Complaint; and depicted on the Court Plat; provided, however, that if and to the extent there is any discrepancy between Exhibit A to the Complaint and the Court Plat or between the plat attached as Exhibit D to the Complaint and the Court Plat, the Court Plat shall supersede Exhibit A to the Complaint and/or the plat attached to the Complaint as Exhibit D and shall control. 4. CFPUA shall pay Hoosier Daddy the sum of ONE HUNDRED THOUSAND DOLLARS AND 00/100 ($100,000), inclusive of the Deposit previously paid to the New Hanover County Clerk of Court. The Deposit was previously disbursed to Hoosier Daddy, leaving a balance of sixty four thousand three hundred ninety-five dollars ($64,395.00) to be paid to Hoosier Daddy ("the Payment'). The Payment, together with the Deposit, shall be in satisfaction of any and all claims which were made or could have been made in the Actions. The Payment shall be made by check payable to NICHOLLS & CRAMPTON, P.A., as attorney for Defendant Hoosier Daddy, and delivered to NICHOLLS & CRAMPTON, P.A., c/o Emmett Boney Haywood, P.O. Box 18237, Raleigh, NC 27619, in trust for and for the benefit of Defendant Hoosier Daddy. 5. Hoosier Daddy shall be permitted to construct and maintain a gated fence, through which gate Hoosier Daddy shall be permitted at any time to pass, across the Easement Area at the entrance of the Property. The fence and the gate shall be constructed in accordance with the plans submitted by Hoosier Daddy with its application for a variance. A copy of those plans is attached hereto as Exhibit C and incorporated herein by reference. Hoosier Daddy hereby releases CFPUA from any liability for any damage to the Fence. 7 6. Hoosier Daddy may construct at its expense the Hoosier Daddy Lift Station in accordance with the pump station design plans and details entitled "Pump Station Layout Sunset Reach" dated June 27, 2017, by Howard Resnick, P.E., a copy of which is attached hereto as Exhibit D and incorporated herein by reference, except that Hoosier Daddy may not construct the Hoosier Daddy Lift Station by installing a masonry block building, as provided in those plans, but must use a precast concrete or fiberglass enclosure, as manufactured by Smith -Carolina or other manufacturer acceptable to CFPUA. After the Hoosier Daddy Lift Station is constructed in accordance with this Consent Judgment, Hoosier Daddy shall convey and CFPUA shall accept the Hoosier Daddy Lift Station into CFPUA's utility system, at no charge to CFPUA. Hoosier Daddy has constructed gravity sewer lines ("the Hoosier Daddy Gravity Lines") and a force main ("the Hoosier Daddy Force Main") on the Hoosier Daddy Property, from the Hoosier Daddy Lift Station (which has been partially built and which Hoosier Daddy will complete at its expense and convey at no charge to CFPUA) up to a force main owned and operated by CFPUA and which is also located on the Hoosier Daddy Property; after the Hoosier Daddy Force Main is conveyed to CFPUA, CFPUA will connect these two force mains at no cost to Hoosier Daddy. Both Parties understand that time is of the essence for connecting these two force mains, and therefore CFPUA will make all reasonable efforts to connect the force mains as soon as reasonably practical following conveyance to CFPUA of the Hoosier Daddy Force Main. 7. CFPUA shall and does hereby waive the one-year warranty period for the Water System. 8. Hoosier Daddy shall promptly convey, via the Easement and Conveyance attached hereto as Exhibit B: the Water System and any and all associated components or installations; the Hoosier Daddy Force Main; the Hoosier Daddy Gravity Lines; and any and all easements 0 necessary for CFPUA's use of the Water System, the Hoosier Daddy Force Main and the Hoosier Daddy Gravity Lines, at no charge to CFPUA. 9. Hoosier Daddy shall, promptly upon their completion and following approval and inspection by CFPUA, convey the Hoosier Daddy Lift Station and all associated installations and components, as well as any and all easements necessary for CFPUA's use of the Hoosier Daddy Lift Station, at no charge to CFPUA, and CFPUA shall accept the Hoosier Daddy Lift Station into its utility system. 10. CFPUA acknowledges that Hoosier Daddy is designing and building, at its expense, a pump station ("the Hoosier Daddy Lift Station") that will have the capacity to accept more gallons of sewer flow per day than is currently projected for the Sunset Reach subdivision. In exchange for Hoosier Daddy's increased expenditures and to provide for Hoosier Daddy's access to the Hoosier Daddy Lift Station's sewer flow capacity, CFPUA hereby grants to Hoosier Daddy, its subsidiaries and assigns, a ten-year right of first refusal to the allocation of up to forty thousand three hundred twenty (40,320) gallons per day of the Hoosier Daddy's Lift Station's sewer' flow capacity (up to 339 bedrooms) (hereinafter, "the ROFR Sewer Capacity"), above the twenty four thousand four hundred eighty (24,480) gallons of the Hoosier Daddy Lift Station's sewer flow capacity that has been preliminarily allocated, pending submission to and approval by CFPUA of a plan for utilization of those 24,480 gallons of sewer flow per day and payment by Hoosier Daddy of any and all sewer capacity/sewer services charges or fees associated or arising out of that allocation, to Hoosier Daddy for the sixty-eight (68) lots and the clubhouse proposed for the Sunset Reach subdivision (hereinafter, "Right of First Refusal" or "ROFR"), effective as of the date of the entry of this Consent Judgment ("the Effective Date"). CFPUA shall provide notice of the triggering of the ROFR by written notice from CFPUA to Hoosier Daddy, via certified mail, return receipt requested, addressed to "Hoosier Daddy LLC, Attn: James Yopp, 6025 Tarin Road, Wilmington, NC 28409." The ROFR shall not trigger and CFPUA shall not provide notice of the triggering of the ROFR (1) before the Hoosier Daddy Lift Station has been accepted into its utility system by CFPUA and (2) unless and until a third -party makes a written request to the CFPUA for the allocation of some or all of the ROFR Sewer Capacity, accompanied by evidence that a preliminary plat for the development for which the third party is requesting an allocation of some or all of the ROFR Sewer Capacity has been submitted to the New Hanover County Technical Review Committee (or any other agency or body that assumes the tasks and role currently filled by the Technical Review Committee). To exercise the ROFR, Hoosier Daddy shall, as provided herein, provide written notice to CFPUA of Hoosier Daddy's (or its subsidiaries' or assigns') determination to exercise the ROFR ("Hoosier Daddy's Response"). Hoosier Daddy's Response shall state how much of the ROFR Sewer Capacity Hoosier Daddy is choosing to secure, stated in "gallons per day of sewer flow" —for example, Hoosier Daddy's Response may state that Hoosier Daddy is exercising the ROFR "to secure thirty thousand five hundred and ten (30,510) gallons per day of the ROFR Sewer Capacity" —and shall be in writing and sent by certified mail, return receipt requested, addressed to "Cape Fear Public Utility Authority, 235 Government Center Drive, Wilmington, NC 28403." Hoosier Daddy may exercise the ROFR to allocate some or all of the ROFR Sewer Capacity for the development of the property to the south of the Sunset Reach subdivision, owned by Rock Hill Road Investments, LLC, a related entity, and identified as New Hanover County Tax Parcel IDs R02400-002-017-000 and R02400-002-013-000 ("the Rock Hill road Property"). If Hoosier Daddy exercises the ROFR for that purpose, the Rock Hill Road Property may be connected to the Hoosier Daddy Lift Station only in accordance with the plan dated June 22, 2017, prepared by Howard Resnick, P.E., a copy of which is attached hereto as 10 Exhibit E and which is incorporated herein by reference, or in accordance with other plans submitted to and approved by CFPUA. The deadline for Hoosier Daddy to deliver Hoosier Daddy's Response to CFPUA's Notice shall depend on the date of CFPUA's Notice: If the date of CFPUA's Notice is within two (2) years of the Effective Date, Hoosier Daddy's Response must be delivered to CFPUA within one hundred and twenty (120) days of the date of CFPUA's Notice; if the date of CFPUA's Notice is more than two years after the Effective Date but less than three (3) years after the Effective Date, Hoosier Daddy's Response must be delivered to CFPUA within sixty (60) days of the date of CFPUA's Notice; and if the date of CFPUA's Notice is more than three years after the Effective Date, Hoosier Daddy's Response must be delivered to CFPUA within forty-five (45) days of the date of CFPUA's Notice. There shall be no conditions to this ROFR except that Hoosier Daddy's Response must be provided by Hoosier Daddy to CFPUA within the applicable deadline set forth herein and must state the amount, in gallons per day of sewer flow, of the ROFR Sewer Capacity with respect to which Hoosier Daddy is choosing to exercise the ROFR. Upon its exercise of the ROFR, Hoosier Daddy (or, as applicable, any successor or assign) shall have one (1) year from the date of Hoosier Daddy's Response to submit the appropriate "flow tracking sewer extension" form. Hoosier Daddy's exercise of the ROFR shall be treated as an "Allocation of capacity" under the Code and shall be subject to all of the provisions of the Code, including without limitation the provisions of Section 4-143. Upon its exercise of the ROFR, Hoosier Daddy shall be responsible for paying and shall pay any and all sewer capacity/sewer services charges or fees associated or arising out of the allocation requested by Hoosier Daddy, in accordance with CFPUA's Regulations and Ordinance and with any applicable agreements between CFPUA and a third party. If Hoosier Daddy exercises the ROM with respect to some but not all of the ROM Sewer Capacity —for example, if Hoosier Daddy 11 exercises the ROFR with respect to 30,510 gallons per day of the ROFR Sewer Capacity' a time when the available ROFR Sewer Capacity is greater than 30,510 gallons per day —Hoosier Daddy shall be deemed to have declined to exercise the ROFR with respect to any remaining ROFR Sewer Capacity and the ROFR shall immediately lapse with respect to such capacity, and neither party shall have any rights or obligations thereafter with respect to such remaining capacity. If Hoosier Daddy fails to provide written notice of its exercise of the ROFR within the applicable deadline set forth herein, Hoosier Daddy shall be deemed to have declined to exercise the ROFR and the ROFR shall immediately lapse and neither party shall have any rights or obligations thereafter with respect to the subject of the ROFR. Unless exercised by Hoosier Daddy, in response to a triggering notice from CFPUA, on or before the tenth anniversary of the Effective Date, the ROFR shall lapse on that tenth anniversary and neither party shall have any rights or obligations thereafter with respect to the subject of the ROFR. CFPUA hereby aclmowledges that it has the authority to grant to Hoosier Daddy the Right of First Refusal as described herein. 11. In the event that Hoosier Daddy does not exercise the ROFR under this Agreement, or in the event that Hoosier Daddy exercises the ROFR as to a portion but not all of the ROFR Sewer Capacity, Hoosier Daddy may apply for a cost -reimbursement agreement pursuant to Section 4-4.b of the Code and any other applicable policies and regulations in effect as of the date of such agreement. 12. The terms of this Consent Judgment and the terms of the Agreement reached between CFPUA and Hoosier Daddy to resolve the actions are APPROVED in all respects by the Court. 13. The Parties shall each bear their own attorneys' fees and costs in this action, and each Party shall pay one half of the costs of the Mediated Settlement Conference. 12 14. A copy of this Judgment shall be certified by the Clerk of Superior Court of New Hanover County to the Register of Deeds, who shall record the same among the land records of said County. }� This the (/ day of November, 2017. Court Judge 0 [Consent Signatures on the Following Page] 13 CONSENTED TO: CAPE FEAR PUBLIC UTILITY AUTHORITY 2 r, Executive Director , Ckwts '?. �lf(O�tr HOOSIER DADDY, LLC By: L Irles Yopp Title: Al t 14 EXHIBIT A m 15 EXHIBIT B EASEMENT AND CONVEYANCE EXHIBIT C PLANS -GATED FENCE EXHIBIT D PLANS-HOOSIER DADDY LIFT STATION EXHIBIT E PLANS -MANHOLE AND GRAVITY LINE 16 EXHIBIT B TO CONSENT JUDGMENT This instrument prepared by: Brian J. McMillan, Consulting Attorney for Cape Fear Public Utility Authority, 235 Government Center Drive, Wilmington, NC 28403 Please return to: Cape Fear Public Utility Authority, 235 Government Center Drive, Wilmington, NC 28403 Revenue Stamps: $ NORTH CAROLINA NEW HANOVER COUNTY Tax Parcel No. R02400-002-010-000 EASEMENT This EASEMENT AND CONVEYANCE, made and entered into this 'T� day of NOVaYlbty , 2017, by and between HOOSIER DADDY, LLC, hereinafter, whether one or more and including all successors or assigns, collectively referred to as "GRANTOR"; and CAPE FEAR PUBLIC UTILITY AUTHORITY, a body corporate and politic of the State of North Carolina created pursuant to Chapter 162A, Article 1 of the North Carolina Statutes, whose mailing address is 235 Government Center Drive, Wilmington, North Carolina 28403, its successors and assigns, hereinafter referred to as "GRANTEE"; WITNESSETH: WHEREAS, GRANTOR owns certain real property located in New Hanover County more particularly described on Exhibit A attached hereto (the "Property") and has agreed to convey to GRANTEE certain easements for public water and sewer utilities over portions of the Property, together with title to gravity sewer lines, sewer mains, water mains, and related components, services and appurtenances ("the Facilities", as that term is defined herein) located on the Property; NOW, THEREFORE, GRANTOR, for and in consideration of the sum of One Dollar ($1.00) and other valuable consideration to it in hand paid by GRANTEE, and in consideration of the mutual benefits inuring to the parties hereto, does hereby give, grant and convey unto GRANTEE the perpetual rights and easements and title to the Facilities, as more fully described in the paragraphs below. 1. Conveyance of Waterline and Sanitary Sewer Easement Together With Existing Facilities. A. GRANTOR grants, conveys, bargains and sells unto GRANTEE a permanent waterline and sanitary sewer easement (hereinafter, "Waterline and Sewer Easement") upon, through, in, and underthe portions of the Property as shown on the as -built plans entitled "Sewer and Water Record Drawings for Sunset Reach Located in Cape Fear Township New Hanover County, North Carolina" dated November 6, 2014 (and subsequently revised on April 15, 2015, August 12, 2015 and October 13, 2016) by Howard Resnik, P.E., attached hereto as Exhibit B and incorporated herein by reference (hereinafter, "the Easement Area"), including title to the system of pipelines and mains and related facilities for public water and sewer purposes existing on the Property as of the date of this EASEMENTAND CONVEYANCE (collectively, the "Facilities"). If Facilities exist or are built outside the Easement Area, Grantor agrees that the easement shall extend as necessary to allow for the installation, operation, and maintenance of the Facilities. The Facilities being conveyed herein include, without limitation, all existing sewer pipelines and mains, water pipelines and mains, valves, hydrants, meters, manholes, and all other related components or installations. B. Purpose and Scope of Waterline and Sanitary Sewer Easements. The purpose and scope of the Waterline and Sewer Easement is for the installation, operation, and maintenance of the Facilities, including any additions to or expansions thereof. GRANTEE'S rights shall include the right to do all things reasonably necessary and convenient to satisfy said purposes, including 2 without limitation constructing, laying, maintaining, inspecting, operating, protecting, repairing, changing the size of, replacing, removing or abandoning the Facilities. C. Specific Terms. Further specific terms and conditions applicable to the Waterline and Sewer Easement are as follows: (i.) Except as provided in this EASEMENTAND CONVEYANCE, GRANTOR shall not place, construct, deposit, leave, permit to be or remain on, within or over the Ease mentArea, any construction materials, metals, lumber, fences, trees, berms, water bodies, rubbish, refuse, structures, buildings or other obstructions. Furthermore, except for the separate utility lines and facilities that are in existence as of the date of this EASEMENTAND CONVEYANCE, GRANTOR shall not install, or permit to be installed, any utility lines or facilities in the Easement Area without GRANTEE's written approval. Any such obstructions shall constitute an easement nuisance and shall be removed by GRANTOR at its expense. (ii.) It is expressly acknowledged, and it shall be deemed by GRANTEE, that the following non -municipal utility lines and facilities are in existence in, on or underthe Property as of the date of this EASEMENT AND CONVEYANCE, that GRANTEE is taking its Waterline and Sewer Easement subject to such non -municipal utility lines and facilities, that such non -municipal utility lines and facilities do not constitute an easement nuisance, and that GRANTEE shall be prohibited from removing or in any way altering these non -municipal utility lines and facilities regardless of whether such utility lines and facilities are located in the Easement Area: power (Duke Energy), phone (ATU), and cable (Time Warner). (iii.) Except as provided herein, GRANTEE is authorized to remove from the Easement Area all structures, fences, trees, shrubs, vegetation, and other obstructions as necessary, in GRANTEE's sole discretion, to maintain, repair or protect the Facilities; provided, however, that (1) GRANTOR shall be permitted to construct, in accordance with the plans attached as Exhibit _ to the Consent Judgment in cases 15-CVS-4220 and 15-CVS-4289, New Hanover County Superior Court, and maintain a gated fence, through which gate GRANTOR shall 3 be permitted at any time to pass, across the Easement Area at the entrance of the Property, (2) GRANTOR shall be allowed to construct, maintain, and use the Easement Area for paved rights of way, paved drives and parking areas, and (3) GRANTOR shall be allowed to plant and maintain shallow -rooted ground cover material within the Easement Area. (iv.) GRANTOR shall retain fee simple ownership of the Property including the Easement Area; provided, however, no use may be made of the Easement Area or the Property which interferes with GRANTEE's exercise of its rights under this EASEMENT AND CONVEYANCE. GRANTOR releases GRANTEE from any liability for damage to any illegal, improper or unpermitted encroachments found at any time in the Easement Area. Without limiting GRANTOR's rights under this EASEMENT AND CONVEYANCE, GRANTEE acknowledges that the uses set forth in the preceding subparagraphs (ii) and (III) of this EASEMENT AND CONVEYANCE are allowed. (v.) At the conclusion of any installation or maintenance of the Facilities within the Easement Area, GRANTEE will regrade, mulch, and re -seed, or otherwise return the disturbed land, including improvements existing as of the date of this Agreement or thereafter installed or constructed as permitted by this Agreement, within the Easement Area to as near prior conditions as reasonably possible. Said restoration shall not include laying sod, landscaping, or non-standard driveways (exposed aggregate, etc.). 2. Ingress and Egress Easement. GRANTEE shall have the right of access, ingress, and egress over, upon, through, and under the Easement Area. In addition thereto, GRANTEE shall have the right of access, ingress, and egress over such private roads, driveways, alleys and ways as may now or hereafter exist on the Property (collectively, the "Private Roads"), and if there are no public rights of way or Private Roads reasonably convenient to provide access to the Easement Area, then GRANTEE shall have the rights of ingress and egress over the portions of the Property adjacent to the Easement Area in such manner as shall reasonably minimize the inconvenience and damages to GRANTOR. GRANTEE will be responsible for damages to the Property outside of 4 the Easement Area caused by GRANTEE's use of the same for ingress and egress as provided herein. 3. Indemnity. A. GRANTOR agrees, on behalf of itself and any and all successors or assigns, to indemnify and hold harmless GRANTEE and its independent contractors, agents, employees, successors and assigns from and against any and all claims, demands, causes of action, or other liability, including attorneys' fees, on account of property damage resulting from the negligence of all GRANTOR, GRANTOR'S agents, employees, and subcontractors in connection with the Facilities and the Waterline and Sewer Easement. B. GRANTEE agrees to indemnify and hold harmless GRANTOR and its independent contractors, agents, employees, successors and assigns from and against any and all claims, demands, causes of action, or other liability, including attorneys' fees, on account of property damage resulting from the negligence of all GRANTEE, GRANTEE's agents, employees and subcontractors in connection with the Facilities and the Waterline and Sewer Easement. 4. Covenants by Grantor. A. GRANTOR warrants to GRANTEE that the Facilities conveyed herein are of good quality and free from faults and defects, and conform to as -built drawings. B. GRANTOR, for itself, its heirs, executors, administrators and assigns, does covenant with GRANTEE, its successors and assigns, that it (GRANTOR) is the owner in fee simple of the Property; that it has good right to grant and convey the Facilities and the easements and rights described herein and shown on the attachments; that said Property is free and clear from all restrictions, easements or encumbrances, except for those specified herein or any encumbrances of record and for liens for property taxes; that the Facilities are free and clear from any and all liens or similar encumbrances; and that it shall, and its heirs, executors, administrators and assigns shall., warrant and defend the title to said easements, rights, and Facilities against the lawful claims and demands of any and all persons whomsoever. GRANTOR further covenants that the individuals executing this document on behalf of GRANTOR have all necessary and appropriate authority to bind GRANTOR to the obligations and conveyances granted herein, and, in the event that GRANTOR is a corporation or similar entity, that the execution of this document has been authorized by all appropriate and necessary corporate action. TO HAVE AND TO HOLD the rights and easements hereby granted to GRANTEE and its successors in title forever; it being agreed that the rights and easements hereby granted are appurtenant to and shall run with the Property. [SIGNATURES ON FOLLOWING PAGES] 3 IN TESTIMONY WHEREOF, the GRANTOR has hereunto set its hand and seal, the day and year first above written. HOOSIER DADDY, LLC (SEAL) James Yopp, Manager or Authorized gent STATE OF NORTH CAROLI A COUNTY OF _ no I certify that James Yopp personally appeared before me this day, acknowledging to me that she signed the foregoing document for the purpose(s) stated therein, in the capacity indicated therein. Date: I) I_TZ0 f:7 (Official Seal) 01 lCARLOUG `m NOTARY Z' �y PUBLIC 4 lq 1C n vjCR J&�� �21 Si nature of Notary Public �� `hP1 c�4 Y 10 Notary's printed or typed name My commission expires: acu Notary seal or stamp must appear within this box. EXHIBIT A PROPERTY All of that certain tract or parcel of land located in New Hanover County and more particularly described as follows: All of Lot 1, containing 25.29 acres, more or less, as shown on a map entitled "Recombination of Previously -Divided Property for William H. Loughlin and wife, Martha P. Loughlin", recorded in Map Book 49, Page 248 of the New Hanover County Registry, conveyed to Hoosier Daddy, LLC, Grantee, by BOE X, LLC, Grantor, via that deed recorded at Book 5776, Page 879 of the New Hanover County Registry. EXHIBIT B EASEMENT AREA L / z � � sA m°rno� mrY3Mw V z 3� "` tnxs xxw� rvwrv�wwrgurlpY3N'�135NlIS a• 3C 5 I U $R oR J m Q 3 A�'s€E R � W b�2 €2�E=3339N e h CL U ¢ �ppp@¢ppk'mna, 2 e I+j �y a JQ i 8 II iR Dr t ym t 1�1 ai Q) J ' O U th J 00 J N >= U p O0zO O THIS MAP MAY NOT BE A CERTIFIED SURVEY AND HAS Q p Z M NOT BEEN REVIEW ED BY A LOCAL GOVERNMENT ^ O I AGENCY FOR COMPLIANCE WITH ANY APPLICABLE W xO z -j- LAND DEVELOPMENT REGULATIONS AND HAS NOT p m BEEN REVIEWED FOR COMPLIANCE WITH RECORDING = a i REQUIREMENTS FOR PLATS W O Q O �II�■uu■Hi■ �IImI1111�INN®IUNlllwl■II�� � �IIII l■mimmmlll mmtlmf!tltlltllll ■um IINIummlmmulllmllmlmlllmlutllNll ull ■Immllllllm®M!j ��a!�!11NHiIIlIIII111Hi ` lm IINNINImtl116�It��iICUIP�r'�u�mlmll� tlltl NN�Inllmllmlllmumlumlhtilll Hill lllll ■nIImN iiiiiHImulgllilmRmllllmillNltllHiHil a �• IIIIIIPNIIII IIIIHiIIINE7au4�11 UilllmuIIIIIIIINNII ■NIIIIININNI■NlmElrBrhVi11NI110oHiIIflNI■ e _ mNIINII®Ilminumlliimn�4mnngtllulmlllBltln �IIIII��IpI�i�hllllli�ll■HiilG�B�IIIIIIII�°N� � e 1111111111 11Hill II �I4N�INIIIIHiIflHiIHillfll Nmlmlflllmlutlll1 IINI1ltiilmlgn111�N�1��l���l�lml a �IININ NII IDEAS1II191IiilldIiIIHi111NflIN�I .nIIIIINImullltml■uulill[lIIlNlill lllllltln lmiiuuiiimlliomIItlNm111�iaHfIHiI Atllltlm e e �III m1111tlntlIIh111111m1luFFiil pl HiIIHiII mul IM[IMPYAR1119Hmn1®I1mNmlm l s e - ■Hill Ilm�' i/l■�� a,®mulmllIli e INIIIIIINInIi lllMMWIMllt@11�mI�I�InIIIF�W�l mfimiIII flNt9mm 10111mIINI[MIAMImtl�lll ' ■!nllllll■NrmllmltlmurinlmilmllllHillHil HIMNN 19111Hi1011HiHion°HifNI®I■NIL7 ■1NIlulmu�llmlfl INL��/NmN!lmlMNllflm um mmlll rmHilmm,��A��1mriNlunminmllu HIM lmlmll! 1111®Illull jA 101 I Am�l I� B�Ifllll�lll I� 18�IMIA II Ill 111 I�IIIIII■tll!I11HiII■Il'811 m�InlNNlllllllml �IIIIINIIl IlIII iml' ImN11HiIIImINN11111Nm �tlNI HiIIInmN�uml®uNmuNIHiIIIINIImI�■ NNIltllfltlllmllNIHiII? 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' e �WlluuuWle�llalufl�IllI1WIIW■1� J ��ultlYial uWlil'P,WII/�■WIIIaflWII� a _ , a�II1111C✓�IIIWWII,uill[ I nil oil e �IIIIIIID�muul��!mIIP' I■fl1111111111W11 111lip 1111111W11®I it e 111 1 Ir"t 111 lullaui NN ®IIIItlEg1gSUII�I�N is �illAllllll lll�hlnnll ma®II I N Nil llll!lIIlWdalilll®IIIIWIlull IIIa_III a�ll 1� o O - O ' O i O � O sY\\� R g § =1A zCA�% 4 State of North Carolina New Hanover County PARCEL No.W L#Ai3— c6a-616- 66C APPLICATION FOR VARIANCE AND RELEASE The undersigned hereby requests that Cape Fear Public Utility Authority grant a variance for the easemen ad in the In consideration for granting said variance, F .aSLLC, hereby agrees to release and forever discharge Cape Fear Public Utility Authority from any and all claims for damage, both property and personal, as a result of any construction, repair, or any other action taken by Cape Fear Public Utility Authority in maintaining and operating the utility system and that the undersigned shall bear the costs of any repairs to his property. The undersigned agrees to be responsible for any damage caused to the Authority utility facilities by the encroaching structure. The undersigned agrees to pay the cost of recording the variance document in the New Hanover County Register of Deeds. This, the l Q day of A AFC 2015. (Sign) Witness Print Name State of North Carolina New Hanover County PARCEL No.R02400-002-010-000 APPLICATION FOR VARIANCE AND RELEASE The undersigned hereby requests that Cape Fear Public Utility Authority grant a variance for the Entrance Gate and fencing located in the easement at 1305 Rock Hill Road —Sunset Reach Subdivision entrance. In consideration for granting said variance, Hoosier Daddy, LLC hereby agrees to release and forever discharge Cape Fear Public Utility Authority from any and all claims for damage, both property and personal, as a result of any construction, repair, or any other action taken by Cape Fear Public Utility Authority in maintaining and operating the utility system and that the undersigned shall bear the costs of any repairs to his property. The undersigned agrees to be responsible for any damage caused to the Authority utility facilities by the encroaching structure. The undersigned agrees to paythe cost of recordingthe variance document in the New Hanover County Register of Deeds. This, the (O day of �v� 201S. (Sign) Witness Print Name / @ \ � � � � � I \ { \ ■ •t JA Ll C1 I FENCE PNSSNCTSr INC. CONTACT US: Corporate Headquarters I Florida Division; Tennessee Division Search ABOUT US PRODUCTS SPECS & DRAW9NGS GALLERY E-ADVANTAGES PROJECTS M3gFjgckj,jgegpAq,n9r QualffyAluntlnum Fences Raking B Cafes LOCATE CERTIFIED Home { — INSTALLERS IN YOUR AREA Esn�9iv^"�� I :;:mu11�11'i111��11 �f �eil54, Click Here To View The Photo Gallery - ZJPTRACK Z,11'I RAM ZIPTRACK SING[. TRACT: DUAi, TRACK MIX FRAAIE , 1 �1 . 'f` t ! Single Gale Opening Double Drive Opening ZipTmrkr+Single Track 4'-30' ZtpTrsckTM Dual Track 31'40"' 62'-80'•' ZFTmck- Box Free. 41,M). ^ 82'-120"' Heights Colors ZipTrack^' Ornamental Gales THigh-10' High Art ZIPTP-Acx-ALUMINUM CENTTLEVEIL GATES Sakti Ouc Our ZipTrack"' Aluminum Cantilever gales are among the Industries finest It features our own exclusive design and comes fully assembled. Our MEW ZlpTrdckm gates feature an enclosed lower guide wheel, which eliminates a pinch point and provides superior legend) stability. Our exclusive upper track Is assigned for maximum strength and stability. All hardware is Included In the price of our gales, If you have any further questions regarding ZipTrack'° gales feel free to call. ZpTcack"' Aluminum Cantilever Gates are manufactured exclusively by Otte Fence Products Inc. Our exclusive Ziffr ackTM Cantilever Gates are offered in a variety of styles and colors to match and complement your Ornamental Aluminum Fence. We also offer ZipTrack'° Aluminum Cantilever Gates in Game only, which and allow you to add your own wood, chain link or other filler maledal for maximum security. ZlpTracku Aluminum Cantilever Gales and truck assemblies ere covered under. Five Year Limited Wananly. Materials ZpTrerk`" Aluminum Cantilever Gales are denslruriad of our exclusive upper and lower track, fabricated from eximsile, of 606L46 aluminum alloy. The upper track weighs 5.816 if/L.F. and the lower track weighs 3.22 #11- F. The upper and lower tracks shall be welded writer bolted to 2"xTx,i 25 wall sq, ammmum tube, which weighs L124IL.F, Each front section shall have one (1) diagonal brace of i"x2"xd25 wall aluminum lab., which weighs .822 tlN L.F. Each fail section or the gate shalt be X-braced with two (2) i"x2"x.d 25 wall aluminum tube, which weighs.62 WLF. ZpTrackr"' Aluminum Cantilever Gates can be ordered in any of our six standard colors. which imbes the same TGIC polyester powder oat finish. This finish meets or exceeds specifications 603.E of the Archile turd Aluminum Manufactures Association. ZlpTrackna Aluminum Cantilever Gales are also available in aluminum mill finish. Fifer Material 21pTmaP° Aluminum Cantilever Gates are manufactured in our plant to accept many different types of filler material. Ornamental picket type gates have holes punched in the upper track to accept i"xi"x.062 wail pirkels and 2"x2"x.125 Hall posts; the pickets shall be attached to the back with stainless -steel screws. ZpTnea k*a Aluminum Cantilever Gates made for chain link filler wire can be shipped with the wire in place or wire can be easily Installed on the job site. The fabric shall be held in place by tension bands, tension hers and bolts. Gales with addevire shell use brace bands and bolls to hold the wire in place. ZnTmcknu Aluminum Cantilever Gates will also accept wood and PVC filler (Note: gaps should be left between solid fillers In allow vend to pass Thor), MedularlKnock-Down Gales ZpTmckm Aluminum Cantilever Gales can be ordered as moduladar ock-dawn gates, ideal for tmnsponing tali gates. These gates come ready to assemble with all hales pre -drilled for 31W stainless -steel grade S bolts, which are supplied for assembly. These modular sections all slide into the upper and lovrer tracks and boll Into place, Each modular section shall be committed of Il' 2x.125 aluminum tube andfor 2"x2"x.1 25 sq. aluminum tube. Each front section shall have one (1) diagonal brace of i'x2W 25 wall aluminum tube, which weighs .822 ffi L.F. Each tail section of the gale shall be X-braced with We (2)1'x2'x.125 wall aluminum tube, which weighs .822 Af L.F, Fabric ran easily be Installed on the jobsge once the gate is assembled. Ornamental picket type gales CANNOT be ordered as moduiadknock-down gales. Hand.. All ZpTrackt" Nmninum Cantilever Gates include all the necessary hardware for a complete and professional installation. Hardware is available for 3", 4" and fi" mund or square post and comes painted to match the color of the gale, ZipTrack"o Aluminum Cantilever Gates feature our own remark Wck assemblies. These assemblies are made from galvanized steel and have many unique features. Each assembly features a W stud which Is above industry standards. Each of the assemblies has two (2) excite press blind to the main body, The axels are famished with four (4) perromm fly 5/5l2015 tllaok,Wmts,Uumear Bronze, Hartford Green, Walnut Brawn, Beige. Sandstone ZipTrackTM Frame Only 4' High-12' Mill Finish, Black, Chalnlink Brovm, High ChalnlinkGreen- ZlpTmckTM Frame Only Plus 6'+1'High- MITI Finish, Black, Chalnlink Brown, Barb 12',1'High Chalnlink Green' •Custom Colors available surrounded perrequest "Some assembly may be required lubricated sealed ball bearing wheels, which are mounted vertically for the gate to roll on. The end of each assembly has one (1) horizontally mounted permanently lubricated sealed ball bearing wheel used for alignment. Our assemblies also use a pivotal center point to help easy with installation and Improve the movement of the gate. Each gale Witless two (2) swivel type track assemblies as upper guides. Each track assembly Is mounted to a post with the supplied bracket, and each bracket for an upper guide uses two (2) 518- U-bolls. Each gate also utilizes Me (2) lower guides which ate permanently mounted to the bracket which attaches to the post with one (1) 518" U-boll. Fear lower guide uses a ZlpTracko' Aluminum Cantilever Gales are, which should be centered veNo dy, In the lower track to limit lateral movement. This enclosed lower guide assembly otters greater safety utilizing guarded pinch points. All brackets and gale latches shall be galvanized after fabrication. Bead Buv American, TM NEWS & EVENTS DULY 2, 2013 ELITE'S MICHIGAN HEADQUARTERS EXPANSION Big Brings have been happening at Ellie Fence Products: Elite Fence Products NEW facilily is up and running. Wain their stale of the ad powder Deal fadlity and over 200,000 ... (Read L4vel ENVIRONMENTALLY FRIENDLY Q ,a REDUCING OUR CARBON FOOTPRINT Through each stage of production we consistently maintain a high percentage Of recycled malarial. to an effort to reduce Elite Fences Carbon footprint... Leer,,'tow, Rev Amerlcan, Be Amedcanns' Alt Elite Fence Fence Products are a"ih'.✓,_ :,\ made In the United States, within our Ig ^ own manufacturing faculthse, utilizing . ... _ processes developed inlemaliy, over manyyears of experience in the Geld L ^rn More BROCHURES" JUNE30,2013 ELITE FENCE OFFERS PROJECT �, -s ELFCEFENCETAKESTHELEED' LEAD PROGRAM Blue Fence Products is working very hand to research fence Any project that uses Elite Fence Promote Inn. is eligible fort points in Doemioad a FREE version of Adobe Acrobat Reader to vlewdocueards. to help obtain business c S<< Projects across the country and provide yvr"� 6 ¢gr credit Coolant e service to our customers, which most of our compelilion � :=� r�� Ba4(Recycled Dale Based on the LEED 2009 v3 co um go'Y)� d • _ r (Readf are) standard for New Construction &Major Renovations. — Leant Moro CONTACT US -„ Corporate Office She Fence Products, Inc. Phone (586)46B4448 50925 Richard WBlvd Toll -Free 1-800,783-1331 Chesterfield Tue., Nil 48051 Fax (586)4684884 Contact He Florida Divlston Elite Fence Products, Inc. Phone(727)84&7320 6041 Industrial Avenue Toll -Free t-88&222-1846 Pod Richey, FL 34668 Fax (727)84&7326 Copyright © 2015 Elite Fence Products, Inc I Press Releases I She Map I Terms and Conditions Foliowuson: ®Fawbook [MLinkedin 0-pulfter F"rrj Foursquare Conisa Us S• �yFEY:AlE�k „1 e Tennessee Division Elite Fence Products, Inc. Phone(616) 849-1886 835 Scott See.( Toll -Free 1-888.42&7270 Murfreesboro, TN 37129 Fax (015) 849-1816 � ...lf ram•... �. � Conmcl U: 'i Fence., 8e Amedun, aoyAmsdour0.'Aw1Mcha &`ZpTneK am an reyeactl Imdsmare; of age Fence Preduse, Inc Site Design by xFx Sinue Web Dewlopment IM, 5/5/2015 THIS MAP MAY NOT BE A CERTIFIED SURVEY AND HAS �o v NOT BEEN REVIEWED BY A LOCAL GOVERNMENT AGENCY FOR COMPLIANCE WITH ANY APPLICABLE LAND DEVELOPMENT REGULATIONS AND HAS NOT EXHIBIT C BEEN REVIEWED FOR COMPLIANCE WITH RECORDING REQUIREMENTS FOR PLATS PROP. ENTRANCE GATE TO BE LOCATED.-, r;; -'`= ....:' WITHIN HATCHED AREA. \ FINAL LOCATION TO BE DETERMIN BY ... , OWNER IIY _ CENTER I \ �MEN EXIS77NO LATERAL T01 BE JAB#bi7NEb AT MAIN 15 FT Ut71LITY EASEMENT SSMH 1A ` r - SSMN'1 RIM: 2Z5 RM: 28196; 21,3 I V, %85' o TAP /�r 5.8%Z5 RiSC l r' i•;= i46.777�6, 7� . /__MH TAp4r CFPUA STANDARD SEWER NOTES• ` 1. SEWER GUARDS REQUIRED AT ALL MANHOLES STAINLESS STEEL SUER GUARDS REQUIRED AT MANHOLES LOCATED IN 7RAFFIC AREAS. 2. SERVICES SHALL BE PERPINDICULAR TO MAIN AND TERMINA7E AT R/W LINE, SERVICES IN CUL- DE-SACS ARE REQUIRED TO BE PERPINDICULAR, OR MUST ORIGINATE IN MANHOLE AND TERMINATE AT RIGHT-OF-WAY LINE. J. ALL SERVICES TYING INTO DUC7ILE IRON MAINS SHALL BE CONSTRUCTED OF CLASS 50, DIP, WITH PR07ECTO 401 CERAMIC EPDXY LINING, 4. MINIMUM 10' U77LI77ES EASEMENT PROVIDED ALONG THE FRONTAGE OF ALL LOTS AND AS SHOWN FOR NEW DEVELOPMENTS 5. NO Fl FXIRI F MIAING.4 .WAI I RF IICFl1 8" GATEiVALVE 223.3151.1 L i I 15 FT U11U1 ' 66 f1 1 -0 SC y 122 4.6 L-VIM i �A 6 TY EASEMENT T W T 42 1 � -ADDED SEWER SERVICES FOR -ADDED NEW MH - MH 1 A AND -ADDED WATER SERVICES FOR -ALL EXISTING WATER METERS FOR IRRIGATION NOTES: 1. BOUNDARY SURVEY PERFORMED AND PROVI 2. AS —BUILT LOCATIONS PERFORMED AND PRO\ nrl.. b-re un n_ a rn nv r.. , of C J 6 H 9[c%YjiY�WstY� � � snvmi Pv xb "' f k a°wvmamn � ap to 9 u w 9;� 5 .�. �revm am li�vaa ia'tms a gi $ 0 N State of North Carolina New Hanover County PARCEL No. W q6r$-COa-616-666 APPLICATION FOR VARIANCE AND RELEASE The undersigned hereby requests that Cape Fear Public Utility Authority grant a variance for the easemen -d in the In consideration for granting said variance, aS� 4h o��ti LL G hereby agrees to release and forever discharge Cape Fear Public Utility Authority from any and all claims for damage, both property and personal, as a result of any construction, repair, or any other action taken by Cape Fear Public Utility Authority in maintaining and operating the utility system and that the undersigned shall bear the costs of any repairs to his property. The undersigned agrees to be responsible for any damage caused to the Authority utility facilities by the encroaching structure. The undersigned agrees to pay the cost of recording the variance document in the New Hanover County Register of Deeds. This, the day of _, 2015. ��— -2rr1' (Sign) T Witness Print Name State of North Carolina New Hanover County PARCEL No. R02400-002-010-000 APPLICATION FOR VARIANCE AND RELEASE The undersigned hereby requests that Cape Fear Public Utility Authority grant a variance for the Entrance Gate and fencing located in the easement at 1305 Rock Hill Road —Sunset Reach Subdivision entrance. In consideration for granting said variance, Hoosier Daddy, LLC hereby agrees to release and forever discharge Cape Fear Public Utility Authority from any and all claims for damage, both property and personal, as a result of any construction, repair, or any other action taken by Cape Fear Public Utility Authority in maintaining and operating the utility system and that the undersigned shall bear the costs of any repairs to his property. The undersigned agrees to be responsible for any damage caused to the Authority utility facilities by the encroaching structure. The undersigned agrees to pay the cost of recording the variance document in the New Hanover County Register of Deeds. This, the Q day of � _ 2015. (Sign) .�� is� � 6� Witness Print Name { K \ I \ ■ I il W :3 � ) 2 CONTACT US; .,� Corporate Headquarters l Florida Division I Tennessee Division Search SW�n:10aa r- l 0. ABOUT US PRODUCTS SPECS & DRAWWGS GALLERY E-ADVANTAGES PROJECTS MSFffi$�Pi1iLPihkPAK(6rQualityAluminum Fences, Reibng 6 Gales LOCATE CERTIFIED FENCE PABBBCTS, INC. Home 1 ,�') INSTALLERS IN YOUR AREA y � ^4 ise ism Click Here To View The Photo Gallery Zl PI ILXCK' Z.If`fRACK "ZIPTRAck: .SINCH.L TRACK Dt)AI. TMCY. BOX FRAME I,- - t i f i - 1 i Single Gate Opening Double Drive Opening ZipTmck'"Single Track 4'-30' 8'-60' ZipTmckwOual Track 31'49" 62'-60"' ZlpTmak^ Box Frame 41'-60'^ 82'-120' Hetghis Colors ZipTmckN Ornamental Gates 3' Hlgh-10' High fiat ZIPTRACK-ALUMINUM CENTILEVER GATES Our ZipTrackTM Aluminum Cantilever gales are among IMMMMM the indusldes finest. It features our own exclusive design and - comesfullyassembied our ,�I� $ .� ZlpTrack'" gates teature an enclosed lower guide wheal,LA which eliminates a pinch pain) 11, and provides superior lateral stability. Our exclusive upper back is designed for maximum strength and stability. All hardware is included In the price of our gales. If you have any further questions regarding ZpTmck'a gates feel free to call. OpTradN Numinum Cantilever Gales are manufactured exclusively by FJite Fence Products Inc. Our exclusive Zlmmckru Cantilever Gates are offered In a variety of styles and colors to match and complement your Ornamental Aluminum Fence. We also offer ZlpTmckm Aluminum Cantilever Gales in frame only, which will allow you to add your own wood, chain link or other Ater motors) for maximum security. Zip hick'"' Numinum Cantilever Gates and truck assemblies are covered under a Five Year Limited Winningly. Matarlats ZipTmck'" Numinum Cantilever Gates are constructed of our exclusive upper and lower track, fabricated from extrusions of 6061-T6 aluminum alloy. The upper Back weighs 5.816 WLF. and the lower track weighs 3.22 WIL.F. The upper and lower tracks shall be welded and/or bolted to 2"xTx.125 well sq. aluminum tube, which weighs 1.12101.1. Each front section shall have one (1) diagonal brace of IN2"x.125 wall aluminum tube, whirr weighs.822 W/ L.F. Each fall search of the gale shall be X-bated with two (2)1"x2"025 wall aluminum (ube, which weighs.fl2 W/ L.F. ZpTack`m Numinum Cantilever Gates can be ordered in any of our sit standard colors, which utilizes The same TGIC polyester powdercoat finish. This finish meets or exceeds specifications 603.E of the Architectural Numinum Manufactures Association. ZipTrackTM Numinum Cantilever Gales are also available in aluminum mill finish. Filler Material ZpTladlix Numinum Cantilever Gates are manufactured In our plant to accept many different types of filler material. Ornamental picket type gales have holes punched In the upper track to accept 1"x1'x.062 wall pickets and 2"x2"x.125 wall posts: the pickets shall be attached to the back wigs stainless -steel screws. ZpTrackTM Aluminum Cantlever Gates made for chain link filler wire can be shipped will, the wire in place or wire can be easily installed on the job site. The fabric shell be held in place by tension bands, tension bars and bolls. Gales wllh bedevil a shall use brace bands and bolts to hold the wire in place. ZipTack'" Atheneum Cantilever Gales will also accept wood and PVC filler (Note: Bops should be left between solid fillers to alirnv vAnd to pass Ihm,). ModularlKnock Down Gates Zipirack'" Numinum Cantilever Gates con be ordered as moduladiumckAmne gates, ideal for mentioning fall gates. These gales come reedy to assemble with all holes pre -drilled for 318" stainless -steel green 8 balm, which are supplied for assembly. These modular sections shall slide into the upper and lower tracks and bolt Into place. Each modular section shall be constructed of 1"x2-x.126 aluminum tube and/or 2"x2'x.125 sq. aluminum tube. Each front section shall have one H) diagonal brace of I W'x.125 wall aluminum tube, wbitlt weighs .822 W/ L.F. Each (ail section of the gale shall be X-braced with We (2)1'xYx.125 wall aluminum tube, whirls weighs .822 W! LF, Fabric can easily be Installed on the jobsife once the gale is assembled. Communist picket type gales CANNOT be ordered as modular/keockArmin gales. Hardware NI ZpTrackTM' Aluminum Cantilever Gates include all the necessary hardware for a complete and professional installation. Hardware is available for 3", V and 6" round or square post and comes painted to match the color of the gate, ZipTrackTM Numinum Cantilever Gales feature our own special Buck assemblies. Those assemblies are made from galvanized steel and have many unique features. Each assembly features o %'stoo which Is above Industry standards, Each of the assemblies has Nm (2) rants press filled to The main body. The axels are humored with four NI permeability 5/5/2015 BmCk,NOne,Uuaker Bronze, Hartford Green, Walnut Brown, Beige, Sandstone ZlpTrack'" Frame Only 4' High-12' MIII Finish, Black, Chmeink Blow. High ChalnllnkGreen - ZlpTrackTM Frame Only Plus e'+1' High Mill Finish, Black, Chatnlink Brown, Barb 12'+1'High Chalnllnk Green• -Custom Colors available and q..led per request '-Some assembly may be requ1m0 lubricated sealed ball bearing wheels, which are mounted ventrally for the gate to roll on. Tile end of each assembly has one Ui horizontally mounted permanently lubricated sealed ball bearing wheel used for alignment. Our assemblies also use a pivotal center point to help easy with installagon and Improve the movement of the gate. Earb gate ulilizes We (2) swivel type track assemblies as upper guides. Each track assembly is mounted to a post with the supplied bracket, and each bracket for an upper guide uses two (2) SW U-bolls. Each gate also utllizes two (2) lower guides which are permanently mounted to the bracket which attaches to the post with one (1) 5)8" U-boll, Each lower guide uses a ZlpTrack"' Aluminum Cantilever Gates are, which should be centered vertically in the lower track to halt lateral movement. This enclosed lower guide assembly offers greater safely uglhing guarded pinch points. All brackets and gate latches shall be galvanized after fabrication. Buy J �,, .'! lm� American, Be American NEWS&EVENTS ' DULY 2, 2013 ELITE'S MICFHGAN HEADQUARTERS EXPANSION Big things have been happening at Elite Fence Products) Elite Fence Products NEW acidly is up and running. With W stale or the an powder coal faddy and over 200, 00... (Read L'omJ ENVIRONMENTALLY FRIENDLY 0 11 REDUCING OUR CARBON FOOTPRINT Through each stage of production we consistently maintain a hiph percentage It recycled materials in an effort to reduce Elite Fences carbon footprint... Leaal ticm Bull AMBFICHn, Be Ar erinitaa" acF ,r. Nl Elite Fence Fence Products are. I�r.A',✓L sX made in the United States, within our ,w own manufacturing factlilles, utilizing Processes developed fntemally, over many years ofexperience in the field L •.m More BROCHURES UNE30r2013 ELITEFENCEOFFERSPRO J JECT ELITE FENCE'TAKES THE LEED' LEAD PROGRAM Ellie Fence Products is working very hard to research fence +d` ¢r Any project that uses Elite Fence Products Inc, is eligible fort in Download a FREE version W Adobe Acrobat Reader to viewdecumenLs. projects awes. the country to help obtain business and provide a seMce to our customers, which most of cur competition 1 , F' i s }•f v r:� points the MR credit 4 (Recycled Content tegory). Based on the LEED 2c09 v3 (Read [.lore] standard for New Construction & Major aq_ Renovations. — .. Lnam klor•r CONTACT US , Corporate Office Elite Fence Products, Inc. Phone (56B)ORA448 50925 Richard W Blvd To[] -Free 1-800.783-1331 Chesterfield Twp., MI 48051 Fax (586)46848M Contact Us Florida Division Elite Fence Produofs, Inc. Phone (727)848-7320 SNI Industrial Avenue TolhFree 1-88&222-IN6 Port Richey, FL 34668 Fax (727)846-7326 C,i Us Tennessee Civilian Elite Fence Products, Inc. Phone (615)849-1886 8358w11 Street Toll -Free 1-858426-7270 Murfreesboro, TN 37129 FAX (615)NO-1816 Counsel. Uc Copyright so 2015 Elite Fence Pirelli Ina I Press Releases I Site Map I Terms and Conditions Followuson: ®Fambook ®Unkedle UTwiffor EFouniquare POl DER 0 7ATED DaDTech nologi •• oxax• - - es ' NFsrlolmelcetbrnmle 'Elie Fence','Be AmedW n, thn Amedcen'.'Awnrcya' L •7lpirarr am sit asele Bred vadomaks of Ella Fares Pascoe. an Site Sea, by XFx Skas WeGOerelopment Ina 5/5/2015 FIRE EXHIBIT C THIS MAP MAY NOT BE A CERTIFIED SURVEY AND HAS NOT BEEN REVIEWED BY A LOCAL GOVERNMENT AGENCY FOR COMPLIANCE WITH ANY APPLICABLE LAND DEVELOPMENT REGULATIONS AND HAS NOT BEEN REVIEWED FOR COMPLIANCE WITH RECORDING REQUIREMENTS FOR PLATS --' 1 PROP, ENTRANCE GATE TO BE LOCATED.-., ,2.0:., ; x WITHIN HATCHED AREA. FINAL LOCATION TO BE DETERMINE BY -- . I \ OWNER jMENITY CENTER EXISTING LATERAL TOIBE 11ABANDO'NE01 AT MAIM i 15 FT U11TLITY EASEMENT 64 f /� SSMH 1A SSMH'1 + (�R� ` RIM: 27.5 RM: 14Ha/ 2` 1 V: 20, es? MH TAP 1 5.8%75 R l 1--dH 68 CFPUA STANDARD SEWER NOTES- 1. SEWER GUARDS REQUIRED AT ALL MANHOLES, STAINLESS STEEL SEWER GUARDS REQUIRED AT MANHOLES LOCATED IN TRAFFIC AREAS. 2. SERVICES SHALL BE PERPINDICULAR TO MAIN AND TERMINATE AT R/W LINE, SERVICES IN CUL- DE-SACS ARE REQUIRED TO BE PERPINDICULAR, OR MUST ORIGINATE IN MANHOLE AND TERMINATE AT RIGHT-OF-WAY LINE. J. ALL SERVICES TYING INTO DUCTILE IRON MAINS SHALL BE CONSTRUCTED OF CLASS 50, DIP, WITH PR07ECTO 401 CERAMIC EPDXY LINING. 4. MINIMUM 10' U77LI71ES EASEMENT PROVIDED ALONG THE FRONTAGE OF ALL LOTS AND AS SHOWN FOR NEW DEVELOPMENTS .5. NO Fl FXIRI F WIN ING.4 .CNAII RF IISFO 8" GATE%VALVE 223.3/51.1 L WM SC - I 67 i 15 FT UTIUITY EASEMENT, r i 66 1 65 i r 7 i 6L —ADDED SEWER SERVICES FOR —ADDED NEW MH — MH1A AND —ADDED WATER SERVICES FOR —ALL EXISTING WATER METERS FOR IRRIGATION NOTES. _ 1. BOUNDARY SURVEY PERFORMED AND PROVI 2. 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