Prepared by & Return to: Ned M. Barnes 1009 N. Lake Park Blvd., Suite C-2 Carolina Beach, NC 28428 Book 6418 Page 2038 BK: RB 6418 RECORDED: 03/02/2021 02:30:20 PM BY: ANGELA ENGLISH 2021010189 NEW HANOVER COUNTY, TAMMY THEUSCH PIVER REGISTER OF DEEDS DEPUTY NC FEE $30.00 EXTX $0.00 ELECTRONICALLY RECORDED STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER PID: RO8807-005-004-000 EXCISE TAX: NTC DECLARATION OF WITHDRAWAL OF EASEMENT AND DEED OF EASEMENT THIS DECLARATION OF WITHDRAWAL OF EASEMENT AND DEED OF EASEMENT, entered into this 26 day February of 2021 by and between Elisabeth M. Struckell, unmarried, Kathryn C. Maney and spouse James C. Cowles, 7980 N. Granite Ridge Rd., Teton Village, WY 83025 (hereinafter "Struckell and Maney"); Oceana Owners Association, Inc. a North Carolina nonprofit corporation, 1908 Eastwood Rd., Suite 321 Wilmington, NC 28403 (hereinafter "Oceana"); and The Town of Carolina Beach, a North Carolina municipal corporation, 1121 N Lake Park Blvd, Carolina Beach, NC 28428 (hereinafter "Town of Carolina Beach").
WITNESSETH A. Withdrawal of Easement THAT, WHEREAS, Struckell and Maney are the owners of the real property known as Lot 2, of Oceana (hereinafter “Lot 2"), said real property being more commonly known as 402 Oceana Way, Carolina Beach, NC 28428, as shown on Map Book 33, at Pages 336 and 337 in the New Hanover County Registry. Said real property having been acquired by Struckell and Maney in Deed Book 4129, at Page 735 in the New Hanover County Registry; and WHEREAS, Lot 2 is burdened by two (2) separate ten foot (10) Utility Easements (hereinafter "Utility Easements"), said easements being depicted on a Map entitled, "Utility Easement for Oceana" dated March 2, 1994 and being recorded in Map Book 33, at Page 337 of
tility Easements (hereinafter "Utility Easements"), said easements being depicted on a Map entitled, "Utility Easement for Oceana" dated March 2, 1994 and being recorded in Map Book 33, at Page 337 of the New Hanover County Registry, said Map being attached hereto and incorporated herein by reference as Exhibit "A", the same also being shown on Map Book 33, at Page 347, New Hanover County Registry; and Submitted electronically by "Ned M. Barnes, Attorney" in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the New Hanover County Register of Deeds.
Book 6418 Page 2039 WHEREAS, Oceana is the purported grantee of said Utility Easements burdening Lot 2, by virtue of that Deed of Easement recorded in Book 5971, at Page 890 in the New Hanover County Registry, or alternatively, by dedication of easement depicted on Map Book 33, and Page 337 of the New Hanover County Registry; and WHEREAS, the Town of Carolina Beach is also a grantee of said Utility Easements by dedication of easement depicted on Map Book 33, and Page 337 of the New Hanover County Registry WHEREAS, since the date of their creation, said Utility Easements have not been used for the purposes of installing, maintaining or operating any water, sanitary sewer, or storm sewer lines utilities of any nature or kind; and WHEREAS, by entering into this Declaration of Withdrawal of Easement it is the intent of Struckell and Maney, Oceana, and the Town of Carolina Beach to terminate, withdraw and abandon said Utility Easements, as shown on Exhibit "B" entitled "Exhibit for Abandonment of Easements and Dedication of Easement for Kathryn C. Maney and Elisabeth M. Struckell" which
e, withdraw and abandon said Utility Easements, as shown on Exhibit "B" entitled "Exhibit for Abandonment of Easements and Dedication of Easement for Kathryn C. Maney and Elisabeth M. Struckell" which is attached hereto and incorporated herein by reference, such that Struckell and Maney, their heirs, successors and assigns, and successors in title shall own Lot 2 free and clear of any interest in, or right to use said Utility Easements by Oceana, their heirs, successors and assigns and successors in title; and WHEREAS, Oceana and the Town of Carolina Beach join in this Declaration of Withdrawal of Easement for the purpose of terminating, withdrawing, and abandoning any right and interest, if any, they may have in and to the Utility Easements, but make no representations or warranties of any kind with respect to their rights in and to said Utility Easements and further make no warranties, express or implied as to title to the easement interest referenced herein; and NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt of which is hereby acknowledged, the undersigned does hereby file and cause to be recorded in the Office of the Register of Deeds of New Hanover County, this Declaration, hereby terminating, withdrawing and abandoning the above referenced Easements, B. Deed of Utility Easement This DEED OF EASEMENT created the day and year first above written and entered into between Elisabeth M. Struckell, unmarried, Kathryn C. Maney and husband, James C. Cowles, 7980 N. Granite Ridge Rd., Teton Village, WY 83025 (hereinafter "Grantor") and The Town of Carolina Beach a North Carolina municipal corporation (hereinafter “Grantee”).
and husband, James C. Cowles, 7980 N. Granite Ridge Rd., Teton Village, WY 83025 (hereinafter "Grantor") and The Town of Carolina Beach a North Carolina municipal corporation (hereinafter “Grantee”).
For and in consideration of the sum of Ten Dollars (10.00) and other valuable consideration paid by the Grantee to the Grantor, receipt of which is hereby acknowledged, the Grantor has bargained, sold and conveyed and by these presents does hereby grant, bargain, sell, and convey Book 6418 Page 2040 unto Grantee, its successors and assigns the right privilege and easement, over, through under and upon the lands and premises hereinafter described for the purpose of constructing, installing, inspecting, maintaining, repairing, removing, extending, improving, preserving and/or operating certain private utilities, including, but not limited to sanitary sewer lines, water lines, pipes, valves, and other related facilities and appurtenances (hereinafter “Easement”), said premises being a certain parcel or tract of land located in the Town of Carolina Beach, New Hanover County, North Carolina, and more particularly described as: BEING ALL of Lot 2 of Oceana as shown on the map or plat thereof recorded in Map Book 33 at Pages 336 and 337, in the New Hanover County Registry, reference to which is hereby made for a more particular description (hereinafter "Property”).
Said Easement Area being more particularly described in the Legal Description for 10' Utility Easement attached hereto and incorporated herein by reference as Exhibit "C", the same Easement Area being depicted as "New 10' Utility Easement" on Exhibit "B".
The above described Property is that property conveyed to Grantor by deed recorded in Deed Book 4129, Page 735, of the New Hanover County Registry.
picted as "New 10' Utility Easement" on Exhibit "B".
The above described Property is that property conveyed to Grantor by deed recorded in Deed Book 4129, Page 735, of the New Hanover County Registry.
TO HAVE AND TO HOLD said Easement to GRANTEE, its successors and assigns, forever. This Easement hereby granted is appurtenant and runs with the Property now owned by the GRANTOR.
The GRANTEE shall at all times have the right to keep the Easement Area clear of all buildings and structures, debris, trees, shrubs, bushes, stumps, roots, undergrowth, or other vegetation as will in its reasonable judgment interfere with the purposes of this Easement. The GRANTOR expressly promises and agrees not to construct of allow to be constructed on the Easement Area, any building, structure, or other improvement, and further promises not to plant or allow to be planted any trees, shrubs, bushes, undergrowth or vegetation, or to otherwise permit encroachment or interference with GRANTEE's rights hereunder. GRANTEE shall have no right to store equipment or vehicles within the Easement Area. GRANTEE shall use its best efforts to restore the Easement Area to its previous condition within seven days of the completion of work in the Easement Area. GRANTOR and GRANTEE agree that GRANTEE shall have the right, but not the obligation, to authorize additional improvements to the Easement Area, such authorization to be evidenced by a writing signed by the GRANTOR and GRANTEE.
The GRANTOR reserves the right to grant easements to other parties within the Easement Area so long as such easements do not interfere with the GRANTEE'S use of the Easement Area and the rights granted herein.
Said GRANTOR covenants and warrants that it is lawfully seized and possessed of
ea so long as such easements do not interfere with the GRANTEE'S use of the Easement Area and the rights granted herein.
Said GRANTOR covenants and warrants that it is lawfully seized and possessed of the Property described above; and that is has good right and lawful authority to convey said Easement for the purposes herein expressed; and that said GRANTOR for its successors and Book 6418 Page 2041 assigns covenant that it will warrant and defend said easement against any and all claims and demands whatsoever.
IN WITNESS WHEREOF, the undersigned parties have hereunto set their hands and seals to this Declaration of Withdrawal of Easement and Deed of Easement, this the 26th day of February, 2021.
Oceana Owners Association, Inc. a North Carolina nonprofit corporation By: OLIN FURR, President (SEAL) The Town of Carolina Beach, a North Carolina municipal corporation By: LeAnn Pierce, Mayor (SEAL) KATHRYN C. MANEY (SEAL) ✓ (SEAL) / ELISABETH M. STRUCKELL [The rest of this page is intentionally left blank] Book 6418 Page 2042 assigns covenant that it will warrant and defend said easement against any and all claims and demands whatsoever.
IN WITNESS WHEREOF, the undersigned parties have hereunto set their hands and seals to this Declaration of Withdrawal of Easement and Deed of Easement, this the 16 day of February, 2021.
Oceana Owners Association, Inc. a North Carolina nonprofit corporation By: OLIN FURR, President (SEAL) The Town of Carolina Beach, a NorthCarolina municipal corporation Lawn Prince By: LeAnn Pierce, Mayor CFFICIAL (SEAL) AL (SEAT KATHRYN C. MANEY (SEAL) ELISABETH M. STRUCKELL [The rest of this page is intentionally left blank] OLINA Book 6418 Page 2043
al corporation Lawn Prince By: LeAnn Pierce, Mayor CFFICIAL (SEAL) AL (SEAT KATHRYN C. MANEY (SEAL) ELISABETH M. STRUCKELL [The rest of this page is intentionally left blank] OLINA Book 6418 Page 2043 assigns covenant that it will warrant and defend said easement against any and all claims and demands whatsoever.
IN WITNESS WHEREOF, the undersigned parties have hereunto set their hands and seals to this Declaration of Withdrawal of Easement and Deed of Easement, this the 26 day of February, 2021.
Oceana Owners Association, Inc. a North Carolina nonprofit corporation By: OLIN FURR, President (SEAL) The Town of Carolina Beach, a North Carolina municipal corporation (SEAL) By: LeAnn Pierce, Mayor (SEAL) KATHRYN C. MANEY (SEAL) ELISABETH M. STRUCKELL [The rest of this page is intentionally left blank] Book 6418 Page 2044 IN WITNESS WHEREOF, the GRANTOR has hereunto set its hand and seal, the day and year first above written.
ATTEST: Kim Ward, Town Clerk Grantor: (SEAL) KATHRYN C. MANEY Arcances (SEAL) JAMES C. COWLES ELISABETH M. STRUCKELL (SEAL) Grantee: The Town of Carolina Beach, a North Carolina municipal corporation By: Leann Pierce, Mayor [The rest of this page is intentionally left blank] (SEAL) Book 6418 Page 2045 IN WITNESS WHEREOF, the GRANTOR has hereunto set its hand and seal, the day and year first above written.
ATTEST: Kim Ward, Town Clerk Grantor: (SEAL) KATHRYN C. MANEY (SEAL) JAMES C. COWLES Free ELISABETH M. STRÜCKELL Grantee: The Town of Carolina Beach, a North Carolina municipal corporation By: Leann Pierce, Mayor [The rest of this page is intentionally left blank] (SEAL) Book 6418 Page 2046 IN WITNESS WHEREOF, the GRANTOR has hereunto set its hand and seal, the day and year first above written.
ATTEST: Kim Ward Kim Ward, Town Clerk Grantor: (SEAL)
y left blank] (SEAL) Book 6418 Page 2046 IN WITNESS WHEREOF, the GRANTOR has hereunto set its hand and seal, the day and year first above written.
ATTEST: Kim Ward Kim Ward, Town Clerk Grantor: (SEAL) KATHRYN C. MANEY (SEAL) JAMES C. COWLES ELISABETH M. STRUCKELL Grantee: (SEAL) The Town of Carolina Beach, a North Carolina municipal corporation Llanfera By: Leann Pierce, Mayor TOWN!
(SEAL)LINA/ OFFICIAL SEAL BEACH [The rest of this page is intentionally left blank] YNITOJ STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER Book 6418 Page 2047 1. Sheila P. Nicholson a Notary Public in and for the said County and State do hereby certify that Kim Ward personally appeared before me this day and acknowledged that she is the Town Clerk of the Town of Carolina Beach, and that by authority duly given, and as the act of the Town, the foregoing instrument was signed in its name by its Mayor and attested by her as its Town Clerk.
WITNESS, my hand and official stamp or seal this 16th day of February, 2021.
Sup Notary Public N SHEILA P NICHOLSON NOTARY PUBLIC New Hanover County North Carolina [SEAL] My Commission Expires June 09, 2024 My Commission Expires: 6-9-2024 STATE OF North Caroling COUNTY OF New Hanover Book 6418 Page 2048 I, Mitchell Co Barnes a Notary Public in and for the said County and State do hereby certify that Olin Furr personally appeared before me this day and acknowledged that he is the President of Oceana Owners Association Inc., a North Carolina nonprofit corporation, and that he as President, being authorized to do so, executed the foregoing instrument on behalf of the nonprofit corporation.
WITNESS, my hand and official stamp or seal this 26 day of February, 2021.
[SEAL] MITCHELL C BARNES NOTARY PUBLIC NEW HANOV COUNTY, NC Notary Public
instrument on behalf of the nonprofit corporation.
WITNESS, my hand and official stamp or seal this 26 day of February, 2021.
[SEAL] MITCHELL C BARNES NOTARY PUBLIC NEW HANOV COUNTY, NC Notary Public My Commission Expires: 12-10-2024 STATE OF Wyoming COUNTY OF Tch Book 6418 Page 2049 I, Anthony Num _a Notary Public in and for the said County and State do hereby certify that KATHRYN C. MANEY and JAMES C. COWLES personally appeared before me this day and acknowledged the due execution of the foregoing instrument.
WITNESS, my hand and official stamp or seal this 26 day of February, 2021.
ANTHONY HUHN - NOTARY PUBLIC COUNTY OF STATE OF TETON WYOMING COMMISSION EXPIRES 07/12/2021 [SEAL] Auth Notary Public My Commission Expires: 7-12-2001 STATE OF NO COUNTY OF NewHanover Book 6418 Page 2050 1. Brenda R. Hayes _a Notary Public in and for the said County and State do hereby certify that ELISABETH M. STRUCKELL personally appeared before me this day and acknowledged the due execution of the foregoing instrument.
WITNESS, my hand and official stamp or seal this 13 day of February, 2021.
[SEAL] MSMQ M BRENDA HAYES NOTARY PUBLIC FFLE HANOVER ON COUNTY.
R. H Notary Public My Commission Expires: 8-22-2022 Book 6418 Page 2051 Exhibit "A" 337 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.
52; Map Book 33 Page 337 (25) (12) (@ UTILITY EASEMENT MAP for OCEANA HANOVER MARCH CARDINA VILMINGTON NORTH CAROLINA CHESTNUT STREET AND POCIATES LAND SURVEYORS ROGER: H. GOSLEE & SHEET 2 OF SHEET 3 @ อก N Book 6418 Page 2052 Exhibit "B" "THIS MAY NOT BE A CERTIFIED SURVEY AND HAS NOT BEEN REVIEWED
ON NORTH CAROLINA CHESTNUT STREET AND POCIATES LAND SURVEYORS ROGER: H. GOSLEE & SHEET 2 OF SHEET 3 @ อก N Book 6418 Page 2052 Exhibit "B" "THIS MAY NOT BE A CERTIFIED SURVEY AND HAS NOT BEEN REVIEWED BY A LOCAL GOVERNMENT AGENCY FOR COMPLIANCE WITH ANY APPLICABLE LAND REVELOPMENT REGULATIONS AND HAS NOT BEEN REVIEW FOR COMPLIANCE WITH RECORDING REQUIREMENTS FOR PLATS."
LINE LINE/CURVE TABLE LENGTH LI (CHORD-TIE) 30.33 BEARING 510°35'23E RADIUS 131.78 L2 L3 L4 8.93 10.00 5.46 572°24'54"E N/A 517°35'06 W N/A N72°24'54"W N/A L5 (CHORD) 1.92' NO0°23'16'E 121.28 LG (CHORD) 8.66 NO1°56'57"W 131.78 N/F TOWN OF CAROLINA BEACH N/F TIR NA NOG, LLC LOT 3 NEW TO UTILITY EASEMENT 523°25'53"E CH.=29.97' N59°53' 7"E 20.00 N89°03'32"E 199.32' TERMINUS OF CURVE 3 NO8°33' 2"W CH. 38.90' NO4°55'07"E CH. 21.08' EXHIBIT FOR ABANDONMENT OF EASEMENTS AND DEDICATION OF EASEMENT FOR KATHRYN C. MANEY & ELISABETH M. STRUCKELL LOT 2 OCEANA TOWN OF CAROLINA BEACH NEW HANOVER COUNTY, N.C.
SALAND PROJECTS OCEANA SECTION | LOT 2402 OCEANA WAY BOUNDARY.dwg JANUARY 7, 2021 50 25 50 1 INCH 50 FEET 100 13 MAGNETIC 510°23'30'E 103.81' SITE CANAL DR.
CAROLINA BEACH AVE. NORTH ATLANTIC OCEAN LOCATION MAP NOT TO SCALE LEGEND 0 = EXISTING IRON PIPE = CENTERLINE CONCRETE MONUMENT O-EXISTING IRON ROD A COMPUTED POINT (5) SANITARY SEWER MANHOLE SURVEY REFERENCE MAP BOOK 33 PAGES 336-337 DEED BOOK 4129 PAGE 735 DEED BOOK 1755 PAGE 613 58.55' 532°33'00"W N47°22'00"W 33.98 49.05 TO UTILITY EASEMENTS HEREBY ABANDONED 46 "W 114.87 N/F HENDRICKSON LOT 1 -OCEANA WAY (40 PUBLIC R/W) 524°17'30"E 37.95 81.69' N70°52'00"W N/F TOWN OF CAROLINA BEACH SURVEYED LOT IS SUBJECT TO ALL EASEMENTS, RESTRICTIONS OR
N/F HENDRICKSON LOT 1 -OCEANA WAY (40 PUBLIC R/W) 524°17'30"E 37.95 81.69' N70°52'00"W N/F TOWN OF CAROLINA BEACH SURVEYED LOT IS SUBJECT TO ALL EASEMENTS, RESTRICTIONS OR COVENANTS OF RECORD.
PATRICK C. BRISTOW LAND SURVEYING, PC 181 SOUND VIEW DRIVE WILMINGTON, NC 28409 PHONE: (910) 471-9998 E-MAIL [email protected] FIRM LICENSURE NO. C-3071