27572_BYNUM, JANICE_20010131

s
CAMA and DREDGE AND FILL '7'
G E N E K A L
PERMIT
as authorized by the State of North Carolina
Department of Environment and Natural Resources and the Coastal Resources Commission
in an area of environmental concern pursuant to 15 NCAC
Applicant Name
Address
City
Project Location (County, State Road, Water Body, etc.).
Type of Project Activity
PROJECT DESCRIPTION SKETCH
Pier (dock) Length
Groin Length
number
Bulkhead Length
max. distance offshore
Basin, channel dimensions
cubic yards
Boat ramp dimensions
Other
Phone Number.
State zip
< < , (SCALE: �- )
This permit is subject to compliance with this application, site drawing
and attached general and specific conditions. Any violation of these terms
may subject the permittee to a fine, imprisonment or civil action; and
may cause the permit to become null and void.
This permit must be on the project site and accessible to the permit of-
ficer when the project is inspected for compliance. The applicant certi-
fies by signing this permit that 1) this project is consistent with the local
land use plan and all local ordinances, and 2) a written statement has
been obtained from adjacent riparian landowners certifying that they
have no objections to the proposed work.
In issuing this permit the State of North Carolina certifies that this project
is consistent with the North Carolina Coastal Management Program.
applicant's signature
permit officer's signature
issuing date expiration date
attachments
application fee

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.= JANICE=BYNUM-=
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JAN-29-2001 12:01 CANNON & GRUBER REALTORS 1 252 726 7171 P.02
(FOR A PIERIMOORING PILINGSIB OA TLIFTIBOA THOUSE)
I hereby certify that I own property adjacent to
(Name of Property Owner)
property located at
Block, Road, etc.)
on 49=10 +ho b -, in w 1 , N.C.
(Waterbody) (Town and/or Cou t)
He has descriled to me, as shown below, the development he is proposing at that location,
and, I have no objections to his proposal. I understand that a pier/mooring
pilings/boatlift/boathouse must be se: back a minimum distance of fifteen feet (15') from my area
of riparian ess unless waived by me.
I . o not wish to waive the setback requirement.
I d2 wish to waive that setback requireme:it_
DESCRIPTION AND/OR DRAWr G OF PROPOSED DEVELOP.ME.N T,
(To be filled in by individual proposing development)
J
I
WATER �i m A Ri M19
%JQ PRoPCRrY
r�otiK - � rv1��rZsHnAAQSN
MOnk J
Print or Type Name
(25� 5
Telephone Number _
TOTAL P.02

ADJACEN-F RIPARIAN PROPERTA' 0" ER STATEN EN -I
(FOR A PIER/MOORING PILINGSIBOATLIFT/BOATHOUSE)
I hereby certify that I own property adjacent to _66:p_'s
(frame of Property Owner)
propery located at
on 6a r rjPjPs C2eeu. i1jag. g,, in ZntokehepJc a , N.C.
(Waterbody) (Town and/or Cou t_ )
He has described to me, as shiown below, the deve!opme:it he is proposing at that location,
and, I have no objections to his proposal. I understand that a pier/mooring
pO nasiboadift/boathouse must be se: back a minimum distance of fifteen feet (15') from my area
of riparian access unless waived by me.
46 I do not wish to wane the setback rewire Went.
I d, wish to waive t"ai setback requirement.
DESCRIPTION AND/OR DRAWLNG OF PROPOSED DEVELOPMENT:
(To be filled in by individual proposing development)
♦ htl
LO
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1 Y�1 �► rZ5 Nti M r15i
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'E7 WALL
-------------------- --------------------------------------------------------------------------------,-------
-
Signature
t,T r u _ F -{-z E r- _
Pant or Type Name
-�2,6 2) 2&r 6 1
Te!ephone Number
Date: 2 DD

t SC r -r N M,:AL70FS 2 252 726 7171 P.O4
OFFER TO PURCHASE AND CONTRACT
lan]ca F 6ynrrm.. , as Bayer,
hereby offers to parohase sad L-dtllf[I1d F, KL>RI�as Seller,
apon acceptance of said offer, agttes to so11 and convey, all of that plot, piece or parcel of land described below, together with all improvements
located thereon and such fixtures and personal property as are listed below (collectively referred to as the 'Property"), upon the following terms
and conditions:
1. REAL PROPERTY: Located in the City of County of
_ _beret State of North Carolina, being known as and mat particularly described as:
Street Address _ 1663outh Sj1Q4R41$ Dlll[4.110MOW Cr YOCC- Zip __2KU —
Legal Description:__
.. PflYf ti356 16 $2 7731, Lae 1B�+xwrsQrs Creek SO}�C$�1 _. _,
(X All ❑ A portion of the property in Deed Reference: Book -74 Page No. —�2$ _, . __ County.)
NOTE: Prior to signing this offer to Purchase and Contract, Buyer is advised to review Restrictive Covenants. if any, which may limit the use of
the Property, and to read the Declaration of Restrictive Covenants, By -Laws, Articles of Incorporation, Rules and Regulations, and other governing
documents of the owners' association and/or the subdivision, if applicable.
2, FIXTURES: The following items, if any, are included in the purchase price free of liens: any built-in appliances, light fixtures, ceiling faas,
attached floor coverings, blind&, shades, drapery rods and curtain rods, brackets and all related hardware, window and door screens, storm windows,
combination doors, awnings, antennas, satellite dishes and receivers, burg]ar/ftrefsmokc alarms, pool and spa equipment, solar energy systems,
attached t'kep)acc screens, gas logs, fireplace inserts, electric garage door openers with controls, outdoor plants and trees (other than in movable
containers), basketball goals, storage sheds, mailboxes, wall and/or door mirrors, and any other items attached or affixed to the Property, EXCEPT
the following items:
3_ PERSONAL PROPERTY: The following personal property is included in the purchase price:WA—___ --
4. PURCHASE PRICE -Thu purchase price isS_. and shall be paid as follows:
(a) S" �,Q00.00 EARNEST MONEY DEPOSIT with this offer by ❑ cash X personal check ❑ bank check Lj certified cheek
other: �/ _ _ to be deposited and held in escrow by Cpnrren d GRli, RE11LT__ ._.—,-_. --
("Escrow Agent") antral the sale is closed, at which time it will be credited to Buyer, or until this contract is otherwise terminated. in the event: (1)
this offer is not accepted; or (2) any of the conditions hereto are not satisfied, then all earnest -monies shall be returned to Bayer. in the event of
breach of this contract by Seller, upon Buyers request, all earnest monies shall be remmed to Buyer, but such return shall not affect any other
remedies available to Buyer for such breach. In the event this offer is accepted and Buyer breaches this contract, then all earnest monies shall be
forfeited upon Seller's request, but receipt of such forfeited earnest monies shall not affect any other remedies available to Seiler for such breach.
NOTE: In the event of a dispute between Seller and Bayer over the return or forfeiture of earnest money held in escrow by a broker, the broker
it required by state law to retain said earnest money in the broker's trust or escrow aeconm until a written release from the parties consenting to its
disposition has been obtained or until disbursement is ordered by a court of comp cteat jurisdiction.
(b) ADDITIONAL EARNEST MONEY DEPOSIT to be paid to Escrow Agent no later than _ .WA._.
TIME BEING OF THE ESSENCE WITH REGARD TO SAiD DATE.
(c) $_., BY ASSUMPTION of the unpaid principal balance and all obligatioru of Seller on the existing loans) secured by a
deed of trust on the Property in accordance with the attached Loan Assumption Addendum.
(d) S _Q, BY SELLER FINANCING in accordance with the attached Seller Financing Addendum.
(c) S—.._ . 215,QKQQ, BALANCE of the purchase price in cash at Closing.
S. CONDITIONS: (State N/A in each blank that is not a condition to this contract.)
(a) Buyer must be able to obtain a i-_ FHA ❑ VA (attach FHANA Financing Addendum) Conventional ❑Other._ ._�A
loan at a ❑ Fixed Rate n Adjustable Rate in the principal amount of _dam/ _(plus any fmanced VA Funding Fee
or FHA M IP) for a term of MA. year(s), at an initial interest rate not to exceed _WAA __ % per annum, with mortgage loan discount points not to
exceed _NA—% of the loan amount. Bayer shall apply for said loan within WA_ days of the Effective Date of this contract. Buycr shall use
Buyer's best efforts to secure the lender's customary loan commitment letter oa or before ._ WA — and to satisfy all terms and
conditions of the loan commitment letter by Closing. After the above letter date, Seiler may request in writing from Buyer a copy of the loan
commitment letter. If Buyer fails to provide Seller a copy of the loan commitment letter or a written waiver of this loan condition within five days
of receipt of Seller's request, Seller may terminate this contract by written notice to Buyer at any time thereafter, provided Seller has not then
received a copy of the letter or the waiver. Buyer shall be responsible for all costs with respcet to any loan obtained by Buyer, except if Seller is
to pay any of the Buyers Closing costs (including loan discount points), those costs are as follows: N/A...
(b)There must be no rMs tion, easement, zoning or other governmental regulation that would prevent the reasonable use of the Property for
ft,R W purposes.
(c) The Property must be in substantially the same or better condition at Closing as on the date of this offer, reasonable wear and tear excepted.
(d) All deeds of trust, liens and other charges against tho Property, not assumed by Buyer, must be paid and satisfied by Seller prior to or at Closing
such that cancellation maybe promptly obtained following Closing. Seller shal l -trim obligated to obtain any such cancel l at ions following Closing.
(e) Title must be delivered at closing by GENERAL WARRANTY DEED unless otherwise stated herein, and must be fee simple markctabIc title,
free of all encumbrances except: ad valorem taxes for the current year (prorated through the date of Closing); utfflky casements and unviolated
restrictive covenants that do not materially affect the value of the Property; and such other encumbrances as may be assumed or specifwally
approved by Buyer. The Property must have legal access to a public right of way.
b_ SPECIAL ASSESSMENTSI Seller warrants that there are no pending or confirmed goverrtmerual special assessmcnLs for sidewalk paving,
water, sewer, or other improvements on or adjoining the Property, and no pending or confirmed owners'sssociation special assesamcnts, except as
follows: NONBKNf)iy1V _
(Insert "None' orthe identification of such assessments, if any.) Sellcrshall pay all ovmers' association assessments and all governmental assessments
confnmcd through the time of Closing, if any, and Buyer shall take title subject to all pending asscssritents, if any, unless otherwise agreed as
follows: WA--.-
7. PRORATIONS AND AD]USTINWNTS: Unless otherwise provided. the following items shall be prorated and either adjusted between the
parties or paid at Cloemg; (a) Ad valorem taxes on real property shall be prorated on a calendar year basis through the date of Closing; (b) Ad
valorem taxes on personal property for the entire year shall be paid by the Seller unless the personal property is conveyed to the Buyer, in which
case, the personal property taxes shall be prvmted on a calendar year basis through the date of Closing; (c) All late listing penalties, if any, shall
be paid by Seller; (d) Rents, if any, for the Property shall be prorated through the date of Closing; (e) Owncrs' association dues &ad other like
charges shall be prorated through the date of Closing. Seller represents that the regular owners association dues, if any, are S __ 5Q.QD
per JW
IL CLOSING EXPENSES: Seller shall pay for preparation of a deed and all other documents necessary to perform Seller's obligations under this
agreement, aad for excise tax (revenue stamps) required by law. Buyer shall pay for recording the deed and for preparation sad recording of all
instruments required to secure the balance of the purchase price unpaid at Closing.
9. FUEL: Buyer agrees to purchase from Seller the fuel, if any, struated in any tank on the Property at the prevailing rate with the cost of
rmcasurcment thereof. if airy, being paid by Seller.
10, EVIDENCE OF TITLE: Seller agrees to use his best efforts to deliver to Buyer as soon as reasonably possible after the Effective Date of this
contract, copies of all title information in possession of or available to Seller, including but not limited to: title insurance policies, attorneys opinions
on title, surveys, covenants, deeds, notes and deeds of trust and easements relating to the Property.
I1. LABOR AND MATERIAL: Seller shall furnish at Closing an affidavit and indemnification agreement in form satisfactory- to Buyer showing
that all labor and materials, if any, famished to the Property within 120 days prior to the date of Closing have been paid for and agreeing to
indemnify Buyer against all loss from any cause or claim arising therefrom. Qk
Thi" fbrra hit b� jaccp , pp-d by the: STh.NLL RD FORM 2
.'. North Carolina Bar Association C'OFMCI fm 1999
vage I o r 2 ozE a�ro)t°, ";Sietl(I 6foline Associ#ion of PLEALT So, Inc.
n
n+,b.aA b%aL1 'IMi1!'tf17. n.,yar Isitt e Seller him aI'
MMW Oa: TaaWar, Jarwty air. a7nt 1Tuarta
F

12 PROPERTY DISCLOSURE AND INS rECTtUNS:
(a) Property Wsclature:
L] Buyer has received a signed copy ofthe N.0 Residential Property Disclosure Statement priorto the signing of this Offer to Purchase and Contract.
Lj Buyer has NOT received a signed copy of the N.C. Residential Property Disclosure Statement prior to the signing of this Offer to Purchase and
Contract and shall have the right to terminate or withdraw this contract without penalty prior to WHICHEVER OF THE FOLLOWING EVENTS
OCCURS FIRST: (1) the end of the third calendar day following receipt of the Disclosure Statement; (2) the end of the third calendar day
following the date the contract was made; or (3) Closing or occupancy by the Buyer in the case of a sale or exchange.
Exempt from N.C. Residential Property Disclosure Statement because (SEE GUIDELINES) __, yardird ln;l 9_
The Property is residential and was built prior to 1978 (Attach Lcad-Based Paint or Lcad-Based Paint Hazards Disclosure Addendum.)
(b) Property inspection: Unlcss otherwise stated herein, or as otherwise provided on an inspection addendum attached hereto, Buyer shall have
the option of inspecting or, obtaining at Buyers expense, inspections to determine the condition of the Property. Unless otherwise stated herein, it is
a condition of this contract that: (i) the built-in appliances, electrical system, plumbing system, heating and cooling systems, roof coverings
(including flashing and gutters), doors and windows, exterior surfaces, structural components (including foundations, columns, chimneys, floors,
walls, ceilings and roofs), porches and decks, fireplaces and flues, crawl space and attic ventilation systems (if any), water and sower systems
(public and private), shall be performing The function for which intended and shall not be in need of immediate repair, (hj there shall be no unusual
draittagc conditions or evidence of cxccssive moisture adversely affecting the structure(s); and (uri) there shall be no friable asbestos or existing
euvilonmental contamination. Any inspectoas shall be completed and written notice of necessary repairs shall be given To Seller on or before
NA Seller shall provide written notice to Buyer of Seller's response within fA days of Buyers notice. Boyer is advised
to have any inspectiosmade priortoincurring expenses for ClosWyandir iafficienttimetonerinaanyreauiredrepairstobec2=letedbyClosing.
(e) Wood -Destroying fasscts: Unlessotherwise stated herein, Buyersball have the option of obtaining, at Buyer's expense, a report from a licensed
pest control operator on a standard form in accordance with the regulations of the North Carolina Structural Pest Control Committee, stating that as
to all structures except WA there was no visible evidence of wood -destroying insects and
containing no indiclititm of visible damage therefrom. The reportmust be obtained insufficient time so as to perttra treatment. if any, and repairs, if
any, to be completed prior to Closing. All treatment required shall be paid for by Seller and completed prior to Closing, unless otherwise agreed
upon in writing by the parties. The Bavgr_N advised that the irspcetion report dcscnlred in this parsaraph may not always reveal either structural
damage or amagc caused by agents ororganisms other than wood -destroying insects. If new construction, Seller shall provide a standard warranty
of lermitc soil treatment.
(d) Repairs: Pursuant to any inspections in (b) and/or (c) above, if any repairs are necessary, Seller shall have the option of completing them or
refusing to complete them. if Seller elects not to complete the repairs, then Buyer shall have the option of accepting the Property in its pmscnt
condition or terminating this contract, in which case all earnest monies shall be refunded. Unless otherwise stated herein, or as otherwise provided
on an inspection addendum attached hereto, any items not covered by (b) (i), b (ii), b (iu) and (c) above are excluded from repair negottations under
this contract.
(e) Acceptance: CLOSING SHALL CONSTITUTE ACCEPTANCE OF FACH OF THE SYSTEMS ITEMS AN
D COtiDFTiONS LISTED
ABOVE IN ITS THEN EXISTING CONDITION UNf £SS PROVISION iS OTHERWISE MADE ih WRITING,
13. REASONABLE ACCESS: Seller will provide reasonable access to the Property (including working, existing utilities) through the earlier of
Closing or possession by Buyer,to Buyeror Buyer's representatives for the purposes of appraisal, inspection, and/or evaluation. Buyer may conduct
a walk-through inspection of the Propcny Prior to Closing.
14. CLOSING: Closing shall be defined as the date and time of recording of the deed. All parties agree to execute any and all documents and
papers necessary in connection with Closing and hawfer of title on err before ._ lanllary3i. 2001 _, at a place designated by
Buyer. The deed is to be made to _ . __ Janke F Bynum
15. POSSESSION: Unless otherwise provided herein, possession shall be delivered at Closing, in the event possession is NOT to be delivered at
Closing: f--, a Buyer Possession Before Closing Agmemeot is attached. OR, - a Seller Possession After Closing Agreement is attached.
16- OTHER PROVISIONS AND CONDITIONS: (1TEM17E ALL ADDENDA TO T141S CONTRACT AND ATTACH HERETO.)
16.(e) OFFER contingent upon Buyer being able to obtain CAA(A penult for cortstruetton ofdock & mooring p1/fAgs Ib
Buyer's specNfcmdorm 15.(b) OFFER subject to the 15' encroachment In Addendum ( Book 749 Page 828),
Cartam County Registry, belrg 'perma"at and go" wfth the land'.
17. RISK OF LOSS: The risk ofloss ordamage by fire or other casualty prior to Closing shall be upon Seller. If the improvements on the Property
are destroyed or materially damaged prior to Closing, Buyer may terminate this contract by written notice delivered to Seller or Setter's agent and
all deposits Shall be returned to Buyerin the event Buyer does NOT elect to Terminate this contract, Buyer shall be emiticd to receive, in addition
totbc Property,auy ofthc Seller's insurance proceeds payable on account of the damage or destruction applicable to the Property being purohesed.
18. ASSIGNMENTS: This contract may not be assigned without the written consent of all parties, but if assigned by agreement, then this contract
shall be binding on the assignee and his heirs and successors.
19. PARTIES: This contract shall be binding upon and shall inert to the benefit of the parties, i.e., Buyer and Seller and tbctr heirs, successors and
assigns. As used herein, words in the singular include the plural and the masculine includes the feminine and neater genders, as appropriate.
20. SURVIVAL: If any provision herein contained which by its nature and effect is required to be observed, kept or performed after the Closing, it
shall survive the Closing and remain binding upon and for the benefit of the parties hereto until fully observed, kept or performed.
21. ENTIRE AGREEMENT: This contract contains the entire agreement of the parties and there an no representations, indactments Or other
provisions other than those expressed herein. All changes, additions or deletions hereto must be in writing and signed by all parties. Nothing
contained herein shall alter any agreement between a REALTORZ or broker and Seller or Buyer as contained in any list* agreement, buyer
agency agreement, or any other agency agreement between them.
22. NOTICE AND EXECUTION: Any notice or communication to be given to it party herein may be given to the party or to such patty's agent.
This offer shall become a binding contract (the 'Effective Date') when signed by both Buyer and Seller and such signing is communicated to the
offering party. This contract is executed under seal in signed multiple originals, all of which together constitute one and the same instrument, with
a signed original being retained by each party and each REALTOR® or broker hereto, and the parties adopt the word "SEAL' beside their
signatures below.
IF YOU DO NOT UNDERSTAND THIS OFFER TO PURCHASE AND CONTRACT OR FEEL THAT IT DOES NOT PROVIDE FOR YOUR
LEGAL NEEDS, YOU SHOULD CONSULT A NORTH CAROLINA UAi, ESTATE ATTORNEY BEFORE YOU SIGN R.
Buyer acknowledges baying made an o■-site personal exsmiastiop pf LR.P Prone fty prior to the making of this offer.
Date: Jantrory 9L—.. '— = y _. — _ lAnlRltx➢. TfIOi
Mason
2 /-1cG>✓ (SEAL)- (SEAL)
yen r F. 8pt _—_S.
Janke 1'rt% Z Edmurw F. Muendel
tea
Date: —_--- _ -- Date` t Janttary 9�2401 _
Buyer
(SEAL) cllcr (SEAL)
Vitld r7eBlase Afuatrdel
Escrow Agent acknowiedges receipt of the earnest money and agrees to hold and disburse the some in acoordaact with the terms hereof.
Date laQuar S';w— -- Firm: her By:
Carolyn n7no
Selling Agent/Firm/Phone _ ., Carnlm Cannon/Cannon b Gruber. REALTORS /LWW_2jS=f6Q
Acting as Bayer's Agent Seller's (sub)Ageat ` Dual Agent
Listing Agent /Fam/Phonc ___ _ Cdrt)(ylLCartnon/Canrron6Gruber REAL._ — —. -
Acting as $ Seller's (sub)Agenr [ Dual Agent
r+s• % or z
tera.,,nnvnn l4nemtalmtor're�ees�.w atOSlrAKr
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Pnnr.a on: r-41", Jswary ire. 2001 17-15:30
TOTAL P.©S

January 22, 2001
i I
JAN 2 5 2001
Coastal Management Office - CAMA
i
151 B Highway 24 r
Morehead City,NC 28557 COASTAL ^^AN/ki EMENT I
Attention: Terry Barrett
Reference: Lot 35, Spooners Creek, 155 S. Spooners Creek St,
Spooners Creek Harbor, Morehead City Township, NC
Gentlemen:
Attached is form regarding a proposed pier/mooring pilings/boatlift/boathouse to be
placed in front of Lot 35 Spooners Creek (as referenced above) sent to me by Cannon &
Gruber Realtors and requesting my agreement and signature as owner of adjacent
property.
I want to go on record as objectingto o the proposal and further state that I do not wish to
waive the normal setback requirement.
I have indicated these points by crossing out and initialing the "no" in the first sentence
such that the fragment will now read ... and, I have objections to his proposal." Further, I
have checked the statement " I do not wish to waive the setback agreement.
I am very concerned as the proposal shows pilings being place adjacent to the property
line as extended into the water and, as such, encroaches upon the 15' setback limit. I
believe this encroachment into the setback requirement will block the usage of the boat
slip on the southwest side of the T dock in front of my property.
The current owner of Lot 35 has on a previous occasion has told me that he has "special
riparian rights" from a "previous owner." Thereafter, I discussed this matter with a
representative of your office and with my lawyer who originally prepared my deed and
both stated that no such "special rights" existed. I have also discussed this situation with
Carolyn Cannon of Cannon and Gruber Realtors on at least two occasions. So, I am
alarmed to receive a proposal that asked me to completely surrender the normal setback
requirement.

I am faxing you the letter with attachment and will also mail the original to your office. If
you have any questions or wish to further discuss this letter, I can be contacted as listed
below.
Sin rely Yours,
I)VtAlt
Robert T. Monk Jr.
103 Pinecrest Drive
Farmville, NC 27828
[phone]
[phone] Fax
[e-mail]
coastalnet.com
Or secondarily,
Spooners Creek North
116 Edwards Drive
Morehead City, NC 28557
[phone]
[phone] Fax
JAN 2 5 Z001
COASTAL MANAGEMENT
MORES EAD

+ JAN-18-2001 17:11 CANNON & GRUBER REALTORS 1 252 726 7171 P.02
(FOR A PIER/MOORING PILINGS/BOATLIFT/BOAMOUSE)
I hereby certify that I own property adjacent to L�VUZ&Z
(Name of Property Owner)
He has d to me, as shown below, the development he is proposing at that location,
and, I have objections to his proposal. I understand that a pier/mooring
pilingsiboatiift/boathouse must be se: back a minimum distance of fifteen feet (15') from my area
of riparian acc unless waived by me.
I do not wish to waive the setback requirement.
I da wish to waive that setback requirement.
JAN 2 5 2001
DESCRMTION AND/OR DRAWU G OF PROPOSED DEVEiOP:IIE\-T:
(To be filled in by individual proposing development)
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Date:(
TOTAL P.02

JAN-18-2001 17:10 CANNON & GRUBER REALTORS 1 252 726 7171 P.01
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FAX TRANS ISSION
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Re: 18 l
JAN 2 5 2001
FAX#7,5 Lq , 6,5 s 1 ' /
FAX# l262i726-7171
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