Showing posts with label Oriental. Show all posts
Showing posts with label Oriental. Show all posts

Wednesday, May 20, 2015

Cox v Oriental Release and Settlement Agreement




Good morning Judge Alford -

We wanted to make you aware that the Town of Oriental and Mr. David Cox have resolved this matter with Mr. Cox agreeing to withdraw his appeal of your Orders.  Pursuant to the terms of the agreement, Mr. Cox filed his Notice of Withdrawal of Appeal yesterday.  Under the agreement, the Town agreed that it would waive its rights to pursue any claims against Mr. Cox for sanctions and damages, and further agreed to advise you by email notice that the Town does not desire that the Court, on its own motion, consider or hear any further motions for sanctions against Mr. Cox arising out of 12-CVS-121 or 13-CVS-67.

With each party now having satisfied its obligations under the settlement agreement, this matter is officially settled.

Scott
_______________________________________________________________________________









Thursday, April 3, 2014

In Memory Of John Knauth

Our friend John Knauth died last month. John was an important member of this community for many years and contributed much to our welfare. He was also a dedicated and visible member of the County Democratic Party. I am taking the liberty of quoting today's Town Dock's article:

"If you called 911 here in Oriental a few years back, chances are John Knauth would’ve come to your door, his EMT kit in hand. He was part of Oriental’s First Responders, which was a continuation of the volunteering he’d done in Connecticut. In retirement here, John also helped get the Pamlico Musical Society going. And was on the Pamlico Arts Council and active with the Pamlico Amateur Radio Society. As we write this, we’re certain we’re leaving something out.

"John and his wife Ilona Forgeng moved from Oriental to New Bern a few years ago. John died there last month and this Saturday their families and friends are gathering at the Unitarian Church in New Bern to remember him. That’s from 4-7p on April 5 at 308 Meadows Street."

We'll be there.


Wednesday, November 6, 2013

Now The Town Of Oriental Has Three New Faces On The Board

It remains to be seen whether the outcome of yesterday's election is good news, bad news or just news.

I think the present board, which will be replaced next month, has not moved the Town forward in any way. It has been a disappointing board. It has been a disappointment both for what it has done and for what it has left undone.

The failings are those of individuals, but also failings resulting from the dynamics of small town politics.

Some of those failings can be addressed by changing the structure of Town government. It should have become clear over the last two years that the Board of Commissioners doesn't want to hear from the public.

We can change that. If we amend the town's charter so that at least a majority of the commissioners are elected to represent districts, every citizen would have at least one commissioner who would have to listen. It might also help to have the commissioners elect the mayor. That would certainly bedebatable, but we need to have that conversation.

Let's put the matter on the ballot by petition.

We can shoot for the May primary.

Sunday, October 27, 2013

Some Thoughts On Oriental's Future - From A Candidate

Ben Cox has posted some thoughts on his facebook page. If you are thinking about supporting him, take a look here. If you aren't thinking about supporting him, you should think about changing your mind. What does he think should be done? The information is here.

You should also write in Lili Stern and Barbara Stockton. If you want things done to improve the future of Oriental, Barbara Stockton is the only Barbara to vote for.

While you are at it, cast a vote for Lori Wagner for mayor. You'll be glad you did.

Wednesday, October 16, 2013

Town Of Oriental Elections

Out of town this week, so no posts so far. But tonight is a big event in Oriental - the candidate's forum. And voting starts tomorrow.

With ten candidates for five seats on the Town Board, voters will face some difficult choices. My advice: don't reelect any incumbents. I thought about posting my reasons, but decided against it. My reasons have to do with policy, not personalities, though in some cases it is hard to separate the two.

I don't know anyone who follows town affairs who believes the present Board has done well.

I will vote for Benjamin Cox. He has the knowledge and skills to contribute valuable insights to the Board.

Something to bear in mind is, voters don't have to vote for all five commissioner seats. There are good reasons to vote for the one or two that you support and no others. There is also the option of casting write-in votes. I could be tempted, for example, to write in Lilli Stern's name. I think she is going to contribute a great deal to the Town, whether in office or not.

I intend to vote for Lori Wagoner for mayor.

Time for a new broom.

Thursday, October 4, 2012

Oriental Street Closing Appeal

Today I received in the mail the Town of Oriental's response to my appeal of the Town's closing of Avenue A and Request for Declaratory Judgment.

No big surprises.

Sunday, September 16, 2012

Meanwhile, Back At Oriental Town Hall

It has been a pleasure to watch the progress in rebuilding Oriental Town Hall.

We have been talking about modifying Town Hall for five or six years now. Glad to see the project seriously underway.

I'm sorry the town Board I served on made the obviously erroneous decision to let our flood insurance lapse. Bad idea, though it saved a bit of money for a couple of years.

I think the newly-designed layout will better serve the citizens of Oriental.

Thursday, August 23, 2012

Bay River

Bad news in today's County Compass concerning Bay River Metropolitan Sewer District and a planned moratorium on new hook ups in the Oriental area starting next month.

I know the issues are complex and the planning and financing of repairs and upgrades present enormous challenges.

Nevertheless, I have thought for some time that the Town of Oriental may have made a mistake when it decided to sell the Town's sewage treatment plant to Bay River. By making that decision, the Town turned over major control over its own future to an entity over which it has only limited influence or control.

Maybe it's time to take another look.

Saturday, August 11, 2012

Lost In The Village?

As the rain began to fall this morning, I ran into a frequent visitor to Oriental with a puzzled look on his face. "I can't find my truck," he admitted. I was on my bike, so I didn't offer him a ride. A kind neighbor rode by and offered to take him on a search. I'm confident he found it.

Getting lost in Oriental? Who knew it could be done?

Tuesday, August 7, 2012

Cox v. Town Of Oriental

Some readers are aware that I filed an appeal last Thursday to the closing by the Town of Oriental of Avenue A on July 3 after a public hearing.

I filed the appeal within the statutory deadline of thirty days following the permanent closing of the street. A civil summons notifying the town of the appeal and providing a copy was served on Mayor Sage Monday morning about ten o'clock.

The mayor transmitted the appeal to Mr. Scott Davis, the Town Attorney, and to the town's insurance carrier.

Anyone who wishes to read a copy of the appeal will find a link on the home page of TownDock.net. I think the appeal speaks for itself.

Tuesday, July 10, 2012

South Avenue Special Meeting July 9

Monday evening's special meeting of Oriental's Town Board opened at 5:30 PM, then immediately went into closed session to "consult with the attorney." Both the Town Attorney, Scott Davis and the Town Manager took part in the closed session. About an hour and a half later, the Board came out of closed session and adjourned. In response to a question after adjournment, Mayor Sage stated that no action by the Board is contemplated before the next regular meeting in August.

Monday, July 9, 2012

Thoughts On Today's South Avenue Meeting

 Today's special meeting of the Board of Commissioners of Oriental at 5:30PM (Monday, July 9, 2012) at First Baptist Church Fellowship Hall on Broad Street, is for Town Board to consult with counsel concerning the South Avenue Street end transactions and the Fulcher contract with the Town. The Board may go into closed session during the meeting.

It isn't clear what the meeting intends to accomplish, but the Town has already held the required public hearing. The Board can close South Avenue at any time, though they seem inclined currently to do more research before taking such an irrevocable step. 
This would be a good time for residents to make their views known to the Board.

Friday, July 6, 2012

Oriental Croaker Fest 2012

A bit hot, but the opening of the Croaker Fest at 4:00 today went well and was enjoyed by all. Good music. Tasty food. And I loved the root beer floats (they benefit Hope Clinic, but they are not just morally good - they taste great!)

South Avenue

Last Tuesday night, Oriental Town Attorney Scott Davis at one point said he's convinced there's a legal way for the Town Board to close South Avenue and other streets and obtain the waterfront parcel on Raccoon Creek that Chris Fulcher offered to donate the Town. So do I and for the past six months I have been quietly feeding information to the Town Board along those lines.

But the Board seemed committed to the existing contract which barters rights of way held in trust for the public for property rights held in fee simple which the Town can sell at any time. I remain opposed to that scheme, as I wrote in yesterday's County Compass.

There are signs at least some commissioners may be rethinking the issue. I hope so.

Monday, July 2, 2012

South Avenue: New Stuff

Today at 3:15 the Town of Oriental published a set of significant amendments to the contract with Chris Fulcher. The public hearing is tomorrow night at 7:00. Not good.

Wednesday, June 27, 2012

South Avenue: History Lesson

Above is an annotated copy of the plat prepared for the Oriental Bulkhead Improvement Company (OBIC) about 1915. The dotted line shows the eastern and northern boundary of the parcel of land sold to OBIC by L.B. (Lou) Midyette in 1911. Wall Street, South Avenue and Front Street already existed. In a court case in 1908, the Town of Oriental denied ever accepting Front Street as a public street.

The plat dedicated Avenue A, Neuse Front Street West of the dotted line, Avenue B and Main(e) Street. In 1923, The Town of Oriental conveyed Avenue B to adjacent landowners W.E. Northen and W.M. Adams. In September 1927 The Town of Oriental conveyed a strip of land described by metes and bounds (red hatched area) which corresponds to the outline of Neuse Front Street west of Avenue A and Main(e) Street to C.P. Goodwin. Town Board minutes indicate that most of the outlined area was then under water.


Saturday, June 9, 2012

Oriental Noise Ordinance

Tuesday night at the meeting of the Town Board, during the public hearing concerning the Steamer's special use permit request, noise complaints were discussed. When asked, our acting police chief reported that he had received three recent noise complaints concerning the Steamer. Someone asked whether he had measured the noise level with the dB meter. Mr. Moore responded that, at that time of night he didn't need to.

That may confuse some of our citizens who remember the struggle about four years ago to modify the noise ordinance in effect at the time.

Four years ago, the Town Board engaged in a protracted effort to craft an amended noise ordinance that balanced the uncertainty facing businesses and musicians (caused by the fact that the previous ordinance established the standard that if a neighbor complained, the sound was ipso facto too loud) with the reasonable interest of residents to be allowed to enjoy peaceful uses of their residences. We sought to accomplish this by establishing a measurable, objective standard for the operation of sound amplification equipment. For such equipment, acceptable sound levels were set at a maximum of 65 dBA +/- 2dBA between the hours of 9:00 a.m. and 9:00 p.m. Permissible levels were set at 60 dBA between the hours of 9:00p.m. and 9:00 a.m. In both cases, the measurement was to be at an exterior portion of the dwelling of the person making the complaint.

Exceptions may be granted up to four times a year at any place of business, allowing on these special occasions sound levels up to 75 dBA from 9:00 a.m. to 9:00 p.m. and 70 dBA from 9:00 p.m. to midnight, also measured at an exterior location of the complainant's residence. In no case can the sound level exceed 92 dBA +/- 2 dBA when measured at a distance of 20 feet from the source.

Mr. Moore may be relying on Article II Section 1, which declares it "unlawful for any person or group of persons "to willfully make, continue, or cause to be made or continued, any unreasonable loud or disturbing noise...." As written, the ordinance only requires dB measurements for use of sound amplification equipment.

It might be a good idea for the Town Board to revisit this ordinance with a view to removing any residual ambiguity.


Thursday, May 17, 2012

South Avenue Contract

We attended this morning's special meeting of the town board concerning the proposed contract to close certain town rights of way (Avenue A and part of South Avenue plus other historic bits and pieces) in return for Chris Fulcher donating a portion of his waterfront property.

This meeting was the first significant opportunity for many members of the public to express their views. I think it's fair to say that most attendees were opposed to the contract in its present form. Those who spoke during the public comment period asked a number of questions about the legality and the advisability of the proposal. Several speakers (I was one) expressed doubt that the town had received competent legal representation.

Several speakers questioned whether the town had a complete picture of what it can build on the site in view of DENR and CAMA regulations. Some questioned whether touted advantages of the deal (an almost-completed pier and two historic structures) were going to be an asset or a liability. There was widespread disbelief that the parcel the town would receive is wide enough. Various speakers wondered whether Mr. Fulcher might block navigation by private boats.

Some speakers had researched restrictions on the existing town right of way for South Avenue and asserted that there are ways to obtain legislative approval to build some of the desired structures.

Several speakers objected to the assertions that "these rights of way are of no value" that supporters of the proposal have made. I offered the view that, "in coastal North Carolina, nothing is more valuable to the public than public access to the water."

After public comments were heard, the board deliberated and by a vote of 4-1 approved proceeding with the contract. (Warren Johnson voted "no").

At an afternoon continuation of the meeting, the board voted 4-0 to hold public hearings on street closures at the regular meeting of July 3.

Wednesday, May 9, 2012

South Avenue Contract

Here Is The Proposed South Avenue Contract


NORTH CAROLINA
PAMLICO COUNTY
AGREEMENT
THIS AGREEMENT (“Agreement”) is made and entered into this ____ day of May,
2012, by and between the TOWN OF ORIENTAL, a North Carolina municipal corporation,
party of the first part (“Town”), and G. CHRISTOPHER FULCHER and wife DEBORAH
WILLIS FULCHER, citizens and residents of Pamlico County, North Carolina (“Fulcher”) and
BAY CITY LODGE, INC., a North Carolina corporation (“Bay City”), parties of the second
part, all hereinafter collectively are referred to as the “Parties.”
W I T N E S S E T H:
THAT WHEREAS, the Town is considering closing the right of way of Avenue A and a
portion of the western terminus of the right of way of South Avenue at Raccoon Creek, said
rights of way being more specifically described in Exhibit A attached hereto and incorporated
herein by reference (the “Street R/W”), and identified on the survey attached hereto as Exhibit D
as “Exhibit A Street Closings”); and, because there exist plats or maps showing Neuse Front
Street, Avenue B and Main (or Maine) Street, the term “Street R/W” shall include any and all
streets or rights of way or remnants thereof in the area west of the portion of Wall Street that
extends from the southern margin of South Avenue to the Neuse River and westwardly, South of
South Avenue, to Raccoon Creek (all the property of Fulcher or entities controlled by Fulcher);
and
WHEREAS, if the Town closes the Street R/W, Fulcher and Bay City desire to convey to
the Town in fee simple certain real property located in the Town, said property being more
specifically described in Exhibit C attached hereto and incorporated herein by reference (the
“Property”) and to convey and dedicate a street right of way for public use to the Town a parcel
of land more specifically described in the attached Exhibit B; both of which are identified on the
survey attached hereto as Exhibit D as “Exhibit B Rededicated Portion South Avenue” and
“Exhibit C To be Conveyed to Town of Oriental” respectively; and
WHEREAS, the Parties hereto desire to reduce their respective obligations regarding the
Street R/W and the Property to writing in the event the Town closes the Street R/W.
Page 1 of 8
NOW, THEREFORE, IT IS MUTUALLY AGREED by and among the Parties as
follows:
1.
Definitions
1.1.
Certain terms having specific definitions are used in this Agreement, and these
terms and definitions, unless the context clearly indicates to the contrary, are as set forth in this
Section 1. The defined terms appearing in this Section are set forth in the Agreement in the
exact capitalized form as they appear between the quotation marks. When the same term is used
in this Agreement with the meaning as assigned herein, it shall appear in the identical capitalized
form. Otherwise, the meaning shall be as used in the context of the sentence in which it appears
and not necessarily that as defined herein.
1.1.1. “Agreement” – means this Agreement among the Town and Fulcher and
Bay City.
1.1.2. “Bay City” – means Bay City Lodge, Inc., a North Carolina corporation
with its principal, office and place of business in Oriental, Pamlico County, North Carolina.
1.1.3
“Deed(s)” – means one or more general warranty deeds conveying the
Property from Fulcher and Bay City to the Town in fee simple (Exhibit C parcel) or as public
street right of way (Exhibit B parcel).
1.1.4. “Fulcher” - means G. Christopher Fulcher and wife Deborah Willis
Fulcher, citizens and residents of Pamlico County, North Carolina.
1.1.5.
“Property” – means the real property owned by Fulcher and a portion of
the real property owned by Bay City located in the Town of Oriental, Pamlico County, North
Carolina, more specifically described on Exhibit C attached hereto and incorporated herein by
reference.
1.1.6. “Street Dedication” - means the real property identified on the attached
Exhibit B and being a portion of the real property conveyed to Fulcher and/or Bay City as a
result of the Town closing the Street R/W that Fulcher and/or Bay City shall dedicate to the
Town for use as a public street in the event the Street R/W is closed by the Town.
1.1.7. “Street R/W” – means the real property identified on the attached Exhibit
A, together with any streets or rights of way or remnants thereof in the area west of the portion of
Wall Street that extends from the southern margin of South Avenue to the Neuse River and
westwardly, South of South Avenue, to Raccoon Creek (all of the property of Fulcher or entities
Page 2 of 8
controlled by Fulcher) of the Town, whether or not shown on Exhibit D, and excluding any and
all utility easements that may exist, or that may be retained by the Town, within the area
identified on the attached Exhibit A.
1.1.8
“Town” - means the Town of Oriental, a municipal corporation duly
established and existing pursuant to the laws of the State of North Carolina.
2.
Town Obligations
2.1.
The Town shall consider closing the Street R/W in compliance with North
Carolina law no later than July 31, 2012.
2.2.
The Town shall cause a survey of the Street R/W (not necessarily showing all
remnants or platted streets), the Street Dedication and the Property to be prepared.
2.3.
If the Board of Commissioners determines that it is not in the best interest of the
Town to close the Street R/W, none of the Parties shall have any further obligations to the others
under this Agreement.
2.4.
If the Board of Commissioners closes the Street R/W, the Town shall accept the
Deed(s) from Fulcher and Bay City for the Property, and cause the same to be recorded.
2.5.
If the Board of Commissioners closes the Street R/W, the Town shall also accept
the dedication of the Street Dedication and cause the same to be recorded.
2.6.
If the Board of Commissioners closes the Street R/W, the Town shall also relocate
the two existing structures identified on Exhibit D onto the Property at the Town’s sole cost and
expense no later than ninety (90) days after the recordation of the Deed(s) to the Property.
2.7.
If the Board of Commissioners closes the Street R/W, the Town shall also execute
an agreement with Fulcher and Bay City, and any related waivers, to establish the use of and
access to the riparian corridors as illustrated on Exhibit D.
2.8.
The Town shall have no obligation to pay for, fund, or finance the purchase of the
Property, or any of Fulcher’s or Bay City’s obligations hereunder.
2.9.
The Town shall be responsible for the costs and expenses associated with its
obligations under this Agreement.
2.10.
It is specifically understood and agreed between the Parties that every obligation
assumed herein by the Town is subject to the limitation “to the extent that it may legally do so.”
Page 3 of 8
3.
Fulcher and Bay City Obligations
3.1.
Fulcher and Bay City shall prepare and execute the Deed(s) to convey the
Property to the Town, and deliver the same to the Town Manager who shall hold the Deed(s) in
trust pending the Board of Commissioners’ decision to close the Street R/W. If the Board of
Commissioners closes the Street R/W, the Town Manager shall cause the Deed(s) to be recorded.
If the Board of Commissioners determines that it is not in the best interest of the Town to close
the Street R/W, the Town Manager shall return the Deed(s) to Fulcher and Bay City within ten
(10) days of the Board’s decision.
3.2.
Fulcher and/or Bay City shall also prepare and execute a street dedication to
dedicate the Street Dedication to the Town for use as a public street, and deliver the same to the
Town Manager who shall hold the same in trust pending the Board of Commissioners’ decision
to close the Street R/W. If the Board of Commissioners closes the Street R/W, the Town
Manager shall cause the Street Dedication to be recorded. If the Board of Commissioners
determines that it is not in the best interest of the Town to close the Street R/W, the Town
Manager shall return the Street Dedication to Fulcher and/or Bay City within ten (10) days of the
Board’s decision.
3.3.
If the Town Manager records the Deed(s) to the Property, Fulcher shall cause the
removal the dolphin at the channel end terminus of the partially completed dock or pier located
on the Property no later than thirty (30) days after recordation of the Deed(s). Fulcher may keep
the piles from the dolphin, and shall in any event remove them from the Property unless the
Parties otherwise agree in writing.
3.4.
If the Town Manager records the Deed(s) to the Property, Fulcher shall install
appropriate pilings to extend the partially completed dock or pier located on the Property to the
maximum permitted length while maintaining the existing width of the said dock or pier no later
than forty-five (45) days after recordation of the Deed(s).
3.5.
If the Town Manager records the Deed(s) to the Property, Fulcher and Bay City
shall transfer all existing permits associated with the Property to the Town to the greatest extent
possible no later than ten (10) days after such recordation of the Deed(s), or as soon thereafter as
practicable.
3.6.
If the Town Manager records the Deed(s) to the Property, Fulcher and/or Bay City
shall execute any and all documents necessary and appropriate to transfer the Bay River
Page 4 of 8
Metropolitan Sewerage District sewer tap located adjacent to the Property to the Town no later
than thirty (30) days after recordation of the Deed(s), so that the Town may locate the sewer tap
to the Property.
3.6.
If the Town Manager records the Deed(s) to the Property, Fulcher and Bay City
shall also execute an agreement with the Town, and any related waivers, to establish the use of
and access to the riparian corridors as illustrated on Exhibit D.
3.7.
Within three (3) years of recording the Deed(s), and only in the event the Town
adopts an ordinance allowing property owners to waive side setbacks for Town parks while
Fulcher and/or Bay City (or any entity or entities whose majority interest[s] are owned or
controlled by them or either of them) directly or indirectly owns the real property to the
immediate south of the Property, Fulcher and Bay City agree to waive any side setbacks along
the southern line of the Property to the greatest extent possible.
3.8.
Fulcher and Bay City shall be responsible for the costs and expenses associated
with their respective obligations under this Agreement.
4. Miscellaneous
4.1. If any of the provisions of this Agreement shall be held by a court of competent
jurisdiction to be unconstitutional or unenforceable, the decision of such court shall not affect or
impair any of the remaining provisions of this Agreement, and the parties shall, to the extent they
deem to be appropriate, take such actions as are necessary to correct any such unconstitutional or
unenforceable provision. It is hereby declared to be the intent of the parties to this Agreement
that this Agreement would have been approved and executed had such an unconstitutional or
unenforceable provision been excluded therefrom.
4.2.
This Agreement shall be enforceable by each party hereto by all remedies
available at law or in equity, including but not limited to specific performance. Failure or delay
to exercise any right, remedy or privilege hereunder shall not operate as a waiver of such right,
remedy or privilege nor prevent subsequent enforcement thereof.
4.3.
This Agreement shall be executed by the Parties hereto in triplicate originals, each
of which, when executed, shall constitute one and the same Agreement and one of which shall be
retained by each party.
4.4.
This Agreement shall be governed in accordance with the laws of the State of
North Carolina.
Page 5 of 8
4.5.
Each party agrees that from and after the date of execution hereof, each will, upon
the request of the other, execute and deliver such other documents and instruments and take such
other actions as may be reasonably required to carry out the purpose and intent of this
Agreement.
4.6.
This Agreement may not be modified or amended except by subsequent written
agreement authorized and executed by each party.
4.7.
This Agreement is solely for the benefit of the identified parties to the Agreement
and is not intended to give any rights, claims, or benefits to third parties or to the public at large.
4.8.
No party hereto may assign this Agreement without the express written consent of
the others, which consent shall not be unreasonably withheld.
IN WITNESS WHEREOF, the Town of Oriental has caused this Agreement to be
signed and executed in its behalf by its Mayor, and duly attested by its Town Clerk or Deputy
Clerk; and Bay City Lodge, Inc. has caused this Agreement to be signed and executed by its
president or vice president, after due authorization by its Board of Directors; and G. Christopher
Fulcher and wife Deborah Willis Fulcher have signed and executed this Agreement, all in
triplicate, on the day and year first above written.
TOWN OF ORIENTAL
By:
William R. Sage, Mayor
ATTEST:
______________Oriental Town Clerk
BAY CITY LODGE, INC.
By: ________________________________
G. Christopher Fulcher, President
Page 6 of 8
G. Christopher Fulcher
____________________________________
Deborah Willis Fulcher
STATE OF NORTH CAROLINA—COUNTY OF PAMLICO
I, _____________________________________________________,the undersigned Notary
Public of the County and State aforesaid, certify that Robert J. Maxbauer, personally known
to me or identified by satisfactory evidence, personally came before me this day and
acknowledged that he is the Town Clerk for the Town of Oriental a North Carolina municipal
corporation, and that William R. Sage is Mayor of the Town of Oriental, and, by authority
duly given and as the act of such entity duly approved and authorized by the Oriental Board
of Commissioners, they both voluntarily signed the foregoing instrument in its name on its
behalf as its act and deed.
Witness my hand and Notarial stamp or seal, this the _____ day of May 2012
My Commission Expires:
Notary Public
Page 7 of 8
STATE OF NORTH CAROLINA—COUNTY OF PAMLICO
I, _____________________________________________________,the undersigned Notary
Public of the County and State aforesaid, certify that G. Christopher Fulcher, personally
known to me or identified by satisfactory evidence, personally came before me this day and
acknowledged that he is the President of Bay City Lodge, Inc., a North Carolina corporation,
and that by authority duly given and as the act of such entity, he voluntarily signed the
foregoing instrument in its name on its behalf as its act and deed.
Witness my hand and Notarial stamp or seal, this the _____ day of May 2012
My Commission Expires:
Notary Public
STATE OF NORTH CAROLINA—COUNTY OF PAMLICO
I, the undersigned Notary Public of the County and State aforesaid, hereby certify that G.
Christopher Fulcher and wife Deborah Willis Fulcher, personally known to me or identified
by satisfactory evidence,, personally came before me this day and acknowledged, their due
and voluntary execution of the foregoing instrument for the purposes therein stated.
Witness my hand and Notarial stamp or seal, this the _____ day of May 2012
My Commission Expires:
Notary Public
Page 8 of 8