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HomeMy WebLinkAbout51809_SWANTON, JAMES_20071128ECAMA / ❑DREDGE &FILL GENERAL PERMIT Previous permit # ❑New ❑Modification ❑Complete Reissue El Partial Reissue Q1 Date previous permit issued As authorized by the State of North Carolina, Department of Environment and Natural Resour es and the Coastal Resources Commission in an area of environmental concern pursuant to I SA NCAC Applicant Name .��` ! Project Location: County Address Street Address/ State Road/ Lot #(s) City State _� ZIP Phone # O s: �t' Qi}Fax # O Subdivision 0 Rules attached. J I f i Authorized Agent City + I(; i ZIP i (r ElCW ElEW ❑PTA ES ElPTS Phone # ( ) `_`-; r River Basin Affected ) OEA HHF IH UBA NIA AEC(s): Adj. Wtr. Body [-I❑ ❑ El (nat /man /unkn) ❑ PWS: ❑ FC: ORW: yes / no PNA yes / no Crit.Hab. yes / no Closest Maj. Wtr. Body _ - ■■■■■■■■■■■■■■r.+�a■■■■w■■■■■gar■■■■■■■■■■■ ■■wJv■■■■■■■■■ii0■��■■■■■■■■■■■■�■■■■■■E 101 ■■■■■■■■■■■■■■■■Wl■■ ■ I■ ■ iI■■■■■ ■ .. ■■■■■■■■■■■A■■■■■!�I■■[■■■■ram ►���.■■■■■■■■�■ ■■■■■■■■`iii■■■■■f■■!■■■■■�■i■■■■■■■■■■■ ■ 7� I Agent or Applicant Printed Name' Signature "Please read compliance statement on back of permit" Application Fee(s) Check # IssuinglDate • Ekpiration Date Local Planning Jurisdiction Rover File Name n 7� V Statement of Compliance and Consistency 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 or criminal 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 officer when the project is inspected for compliance. The applicant certifies by signing this permit that 1) prior to undertaking any activities authorized by this permit, the applicant will confer with appropriate local authorities to confirm that this project is consistent with the local land use plan and all local ordinances, and 2) a written statement or certified mail return receipt has been obtained from the adjacent riparian landowner(s) . The State of North Carolina and the Division of Coastal Management, in issuing this permit under the best available information and belief, certify that this project is consistent with the North Carolina Coastal Management Program. River Basin Rules Applicable To Your Project: ❑ Tar- Pamlico River Basin Buffer Rules ❑ Other: ❑ Neuse River Basin Buffer Rules If indicated on front of permit, your project is subject to the Environmental Management Commission's Buffer Rules for the River Basin checked above due to its location within that River Basin. These buffer rules are enforced by the NC Division of Water Quality. Contact the Division of Water Quality at the Washington Regional Office (252-946-6481) or the Wilmington Regional Office (910-796-7215) for more information on how to comply with these buffer rules. Division of Coastal Management Offices Raleigh Office Morehead City Headquarters Mailing Address: 400 Commerce Ave 1638 Mail Service Center Morehead City, NC 28557 Raleigh, NC 27699-1638 252-808-2808/ 1-888-4RCOAST Location: Fax: 252-247-3330 2728 Capital Blvd. Raleigh, NC 27604 919-733-2293 Fax:919-733-1495 (Serves: Carteret, Craven, Onslow -above New River Inlet- and Pamlico Counties) Elizabeth City District 1367 U.S. 17 South Elizabeth City, NC 27909 252-264-3901 Fax:252-264-3723 (Serves: Camden, Chowan, Currituck, Dare, Gates, Pasquotank and Perquimans Counties) Washington District 943 Washington Square Mall Washington, NC 27889 252-946-6481 Fax: 252-948-0478 (Serves: Beaufort, Bertie, Hertford, Hyde, Tyrrell and Washington Counties) Wilmington District 127 Cardinal Drive Ext. Wilmington, NC 28405-3845 910-796-7215 Fax: 910-395-3964 (Serves: Brunswick, New Hanover, Onslow -below New River Inlet- and Pender Counties) Revised 08/09/06 NC COASTAL PROPERTIES 8645 GENA GILBERT REAL ESTATE & ASSOCIATES, INC. S amwnk 03 BUSINESS ACCOUNT lJ 4219-H ARENDELL STREET PH: 252-240-0259 66-1246/531 ® MOREHEAD CITY NC 28557 REALTOR www.GenaGilbertRealEstate.com 10/29/2007 0 0 PAY TO THEiZ N ORDER OF CAMA 200.00 0 Two Hundred and 00/100.............*,.,*.,#,.,,,*..,...,..,.,,,,..,,.,..,,....,..«.�..,,�,,..*.�.,.�*�,..#.....*, DOLLARS CAMA I N 1 8 MEMO: j s-1 AUT ORI El IG 269 Gatsey Lane -Swanton 1 I I"00864Sma 1:053 L L 24661: 0004753011, T OFFER TO PURCHASE AND CONTRACT - VACANT LOT/LAND NOTE: This contract is intended for unimproved real property that Buyer will purchase only for personal use and will not subdivide. It sImuld not be used to sell subdivided property that has not been platted, properly approved and recorded with the register of deeds as of the date of the contract. If Seller is Buyer's builder and the sale involves the construction of a new single family dwelling prior to closing. use the standard Offer to Purchase and Contract (Form 2-T) with the New Construction Addendum (Form 2A3-T). JAMES SWANTON JR BARBARA SWANTON as BLlyer- hereby offers to purchase and DAVID T MCGEE REGINA H MCGEE , as Seller. upon acceptance of said offer. agrees to sell and convey.. all of that plot, piece or parcel of land described below (hereafter referred to as the "Property"), upon the following terms and conditions: 1. REAL PROPERTY: Located in the City of BEAUFORT County of CARTERET , State of North Carolina, being known as and more particularly described as: Street Address 269 GATSEY LANE zip 28516 NOTE: Governmental authority over taxes, zoning, school districts, utilities and mail delivery may differ from address shown. Subdivision Name STANTON LANDING Plat Reference: Lot 35 .Block or Section PHASE 2 STANTON LANDING 649001355217000 as shown on Plat Book or Slide N/A at Page(s) N/A (Property acquired by Seller in Deed Book N/A at Page N/A ). �j All ❑ A portion of the property in Deed Reference: Book 1070 Page No. 397 CARTERET County NOTE: Prior to signing this Offer to Purchase and Contract - Vacant Lot/Land, 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. If the Property is subject to regulation by an owners' association, it is recommended that Buyer obtain a copy of a completed Owners' .Association Disclosure And Addendum (standard form 2A 12-T) prior to signing this Offer to Purchase and Contract, and include it as an addendum hereto. 2. PURCHASE PRICE: Fhe purchase price is S 300 000. 00 and shall be paid in U.S. Dollars. Should any check or other funds paid by Buyer be dishonored, for any reason, by the institution upon \which the pay mcnt is drawn. Buyer shall haye one ( I ) banking day after written notice to deliver good funds to the payee. In the event Buy er does not timely deliver good funds, the Seller shall have the right to terminate this contract upon written notice to the Buyer. The purchase price shall be paid as follows: (a) S 10, 000.00 EARNEST MONEY DEPOSIT with this offer by ❑cash ❑personal check ❑ bank check ❑ certified check ❑ other: to be deposited and held in escro\\ b\ RON HARDEE & COMPANY ("Escrow Agent") until the sale is closed. at which time it \\ill he credited to Bu\ er. 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 refunded to Buyer. In the event of breach of this contract by Seller. all earnest monies shall be refunded to Buyer upon Buyer's request, but such return shall not affect any other remedies available to Bu\ er for such breach. In the event of breach of this contract by Buyer, then all earnest monies shall be forfeited to Seller upon Seller's request. but such forfeiture shall not affect any other remedies available to Seller for such breach. NOTE: In the event of a dispute between Seller and Buyer over the return or forfeiture of earnest money held in escrow. a licensed real estate broker ("Broker") is required by state law (and Escrow Agent. if not a Broker. hereby agrees) to retain said earnest money in the Escrow Agent's trust or escro\ account until Escrow Agent has obtained a written release from the parties consenting to its disposition or until disbursement is ordered by a court of competent jurisdiction. Alternatively, if a Broker is holding the Earnest Anne\. the - Broker may deposit the disputed monies with the appropriate clerk of court in accordance with the provisions ol'N.C.G.S. §93A-12. ❑ (CHECK IF APPLICABLE) THE PARTIES AGREE THAT A REAL ESTATE BROKERAGE FIRM ACTING AS ESCROW AGENT MAY PLACE ANY EARNEST MONIES DEPOSITED BY BUYER IN AN INTEREST BEARING TRUST ACCOUNT, AND THAT ANY INTEREST EARNED THEREON SHALL BELONG TO THE ESCROW AGENT IN CONSIDERATION OF THE EXPENSES INCURRED BY MAINTAINING SUCH ACCOUNT AND RECORDS ASSOCIATED THEREWITH. Page I o1 7 This form jointly approved by: STANDARD FORM 12-T 113 North Carolina Bar .association J nf2l Revised 7/2007 North CarotiWEIII ociation of REALTORS®, 1 f/.� OV ORIINIITY �i 7/2007 "ZEAL"OR Buyer initials Seller initials Phone '52'1uu25v Fa�_52'Jnr N•P7 'IrIC;ATSI(1 L� 11T Ha COa51Al Propben -11es. GenR Gdb\ RLNDELL ST STE V4. �t00. ipFor '- tyy V 2x557 Harold [ Gdhen ' I Sxx2 Protlucao with ZipForm "' by RE FortnsNet. LLC 18025 Fifteen Mlle Road. Clinton Township. Michigan 48035 www zloform com N/A, (ADDITIONAL) EARNEST MONEY DEPOSIT to be paid to Escrow Agent no later than N/A , TIME BEING OF THE ESSENCE WITH REGARD TO SAID DATE. (c) $ N/A , OPTION FEE in accordance with paragraph 13, Alternative 2, to be paid to Seller on the Effective Date as set forth in paragraph 22. (NOTE: If Alternative 2 applies, then do'not insert $0, N/A, or leave blank). (d) S N/A , BY ASSUMPTION of the unpaid principal balance and all obligations of Seller on the existing loan(s) secured by a deed of trust on the Property in accordance with the attached Loan Assumption Addendum. (e) $ N/A , BY SELLER FINANCING in accordance with the attached Seller Financing Addendum. (f) S 290, 000.00 , BALANCE of the purchase price in cash at Closing. 3. LOAN CONDITION: (a) Loan. Buyer must be able to obtain a ❑ Conventional M Other: CASH OFFER loan at a ❑ Fixed Rate ❑ Adjustable Rate in the principal amount of N/A for a term of N/A year(s). at an initial interest rate not to exceed N/A % per annum, with mortgage loan discount points not to exceed N/A % of the loan amount ("Loan"). (b) Loan Obligations: The Buyer agrees to: (i) Make written application for the Loan, authorize any required appraisal and pay any necessary fees within N/A days after the Effective Date; (ii) Promptly furnish Seller written confirmation from the lender of having applied for the Loan. II' Buyer fails to furnish Seller written confirmation from the lender of having applied for the Loan, Seller may make written demand for compliance. If Buyer does not furnish Seller written confirmation from the lender of application within five (j) days after such demand, then Seller may terminate this contract by written notice to Buyer at any time thereafter, provided Seller has not received either written evidence of the application or a waiver of the Loan Condition, and all Earnest Money shall be forfeited to Seller as liquidated damages and as Seller's sole at)d exclusive remedy for Buyer's failure to close, but without limiting Seller's rights under paragraph 14 for damage to the Property. Buyer further agrees to: (iii) Pursue qualification for and approval of the Loan diligently and in good faith; (iv) Continually and promptly provide requested documentation to lender. (c) Inability to Obtain Loan Approval: If Buyer has complied with Buyer's Loan Obligations (iii) and (iv) abo%e. then within N/A days after the Effective Date (or any agreed -upon written extension of this deadline) TIME BEING OF THE ESSENCE, Buyer shall have the right to terminate this contract for inability to obtain Loan approval by delivering to Seller written notice of termination. If Buyer has timely delivered such notice, this contract shall be null and void and all Earnest Money shall be refunded to Buyer. If Buver fails to deliver such notice, then Buyer will be deemed to have waived this condition. Thereafter, if Buyer fails to close based upon inability to obtain the Loan, then all Earnest Money shall be forfeited to Seller as liquidated damages and as Seller's sole and exclusive remedy for Buyers failure to close, but without limiting Seller's rights under paragraph 14 for damage to the Property. ( WARNING: Buyer is advised to consult with Buyers lender to assure that the number of days allowed for Buyer to obtain the Loan is sufficient to allow Buyer's lender time to take all reasonable steps necessary to provide reliable loan approval.) 4. FLOOD HAZARD DISCLOSURE/CONDITION (Choose ONE of the following alternatives): Fo the best of' Seller's knowledge. the Property IS located partly or entirely within a designated Special Flood Hazard Area. Buyer understands that it may be necessary to purchase flood insurance in order to obtain any loan secured by the Property from any federally regulated institution or a loan insured or guaranteed by an agency of the U.S. Government. ❑ To the best of Seller's knowledge. the Property IS NOT located partly or entirely within a designated Special Flood Hazard Area. I f. following the Effective Date of this contract, it is determined that the Property is located partly or entirely within a designated Special Flood Hazard Area accordinia to the current FEMA flood map. or if this contract is subject to a Loan Condition and Buyer's lender requires Buyer to obtain flood insurance as a condition of making the Loan. then in either event Buyer shall have the right to terminate this contract upon written notice to Seller, and all earnest monies shall be refunded to Buver. ,. OTHER CONDITIONS: (State N/A in each blank that is not a condition to this contract.) (a) There must be no restriction, easement, zoning or other governmental regulation that would prevent the reasonable use of the Property for SINGLE FAMILY RESIDENTIAL purposes. (b) 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. (c) The Property must appraise at a value equal to or exceeding the purchase price or, at the option of Buyer, this contract may be terminated and all earnest monies shall be refunded to Buyer, even if the Loan Condition has been wai\,ed as provided in paragraph 3. II' this contract is NOT subject to a financing contingency requiring an appraisal, Buyer shall arrange to have the appraisal completed on or before N/A Page 2 of STANDARD FORM 12-T Revised 7/2007 Buyer initials Q-S . Seller initials �'f! / C 7/2007 Produced with LpForm "' by RE FormsNet. LLC 1802255 Fifteen Mile Road. Clinton Township. Micnigan 48035 www ziororm com _69GATSEYLN OT All deeds of trust, liens and other charges against the Property, not assumed by Buyer, must be paid and satisfied by Seller prior to or at Closing such that cancellation may be promptly obtained following Closing. Seller shall remain obligated to obtain any such cancellations following Closing. (e) Title must be delivered at Closing by GENERAL WARRANTY DEED unless otherwise stated herein, and must be fee simple marketable and insurable title, free of all encumbrances except: ad valorem taxes for the current year (prorated through the date of' Closing); utility easements and unviolated restrictive covenants that do not materially affect the value of the Property; and such other encumbrances as may be assumed or specifically approved by Buyer. The Property must have legal access to a public right of way. 6. SPECIAL ASSESSMENTS: NOTE: For purposes of this agreement, a "confirmed" special assessment is defined as an assessment that has been approved by a governmental agency or an owners' association for the purpose(s) stated, whether or not it is fully payable at time of closing. A "pending" special assessment is defined as an assessment that is under formal consideration by a governing body. Seller warrants that there are no pending or confirmed governmental special assessments for sidewalk, paving, water. sewer. or other improvements on or adjoining the Property, and no pending or confirmed owners' association special assessments. except as follows (Insert "None" or the identification of such assessments, if any): NONE KNOWN. IF ANY ARE DUE TO BE PAID BY SELLER. Unless otherwise agreed. Seller shall pay all owners' association assessments and all governmental assessments confirmed through the time of'Closing, if any, and Buyer shall take title subject to all pending assessments disclosed by Seller herein, if any. 7. PRORATIONS AND ADJUSTMENTS: Unless otherwise provided, the following items shall be prorated and either adjusted between the parties or paid at Closing: (a) Ad valorem taxes on real property shall be prorated on a calendar year basis through the date of dosing; (b) All late listing penalties, if -any. shall be paid by Seller; (c) Rents, if any, for the Property shall be prorated through the date of Closing; (d) Owners' association dues and other like charges shall be prorated through the date of Closing. Seller represents that the regular owners' associatidn dues, if any, are S 800.00 per YEAR . Unless otherwise agreed. Buyer shall pay any fees required for obtaining account payment information on owners' association dues or assessments for payment or proration and any charge made by the owners' association in connection with the disposition of the Property to Buyer, including any transfer and/or document fee imposed by the owners' association. 8. EXPENSES: Unless otherwise agreed, Buyer shall be responsible for all costs with respect to any loan obtained by Buyer. appraisal. title search, title insurance, recording the deed and for' preparation and recording of all instruments required to secure the balance of the purchase price unpaid at Closing. Seller shall pay for preparation of a deed and all other documents necessary to perform Seller's obligations under this agreement, and for excise tax (revenue stamps) required by law. Seller shall pay at Closing S NONE toward any of Buyer's expenses associated with the purchase of the Property, including any FHA/VA lender and inspection costs that Buyer is not permitted to pay, but excluding any portion disapproved by Buyer's lender. 9. 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, attorney's opinions on title, surveys, covenants, deeds, notes and deeds of trust and easements relating to the Property. Seller authorizes (1) any attornev presently or previously representing Seiler to release and disclose any title insurance policy in such attorneys file to Buyer and both Buyer's and Seller's agents and attorneys; and (2) the Property's title insurer or its agent to release and disclose all materials in the Property's title insurer's (or title insurer's agent's) file to Buyer and both Buyer's and Seller's agents and attorneys. 10. LABOR AND MATERIAL: Seller shall furnish at Closing an affidavit and indemnification agreement in form satistactory to Buyer showing that all labor and materials. if any. furnished 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. I L CLOSING: Closing shall be defined as the date and time of recording of the deed and shall be on or before November 30, 2007 (the "Closing Date"). All parties agree to execute any and all documents and papers necessary in connection with Closing and transfer of title on or before the Closing Date at a place and time designated by Buyer. The deed is to be made to JAMES SWANTON JR, BARBARA SWANTON Page 3 of 7 STANDARD FORM 12-T Revised 7/2007 Buyer initial .S Seller initialsV:1- 7/2007 Produced with LpForm" by RE FormsNet. LLC 18025 Fifteen Mile Road. Clinton Township, Michigan 48035 www ziptorm com N- KJATSFYl v OT ent agreement to the contrary in this contract or any subsequent modification thereto, the following terms shall apply: If either party unable to close by the Closing Date, then provided that the party is acting in good faith and with reasonable diligence to proceed to closing, such party shall be entitled to reasonable delay of the Closing Date and shall give as much notice as possible to the non -delaying party and closing agent. In such event, however, either party for whom the Closing Date is delayed shall have a maximum of ten (10) days from the Closing Date, or any extension of the Closing Date agreed -upon in writing, in which to close without payment of interest. Following expiration of the ten-day period, the party not ready to close shall be responsible for paying to the other party (if ready, willing and able to close) interest on the purchase price at the rate of eight percent (8%) per annum accruing from the end ol'the ten-day period until closing occurs or the contract is terminated. Should the delay in closing continue for more than thirty (30) days I'rom the last 'agreed -upon extension of the Closing Date, however, then the non -delaying party shall have the unilateral right to terminate the contract and receive the earnest money, but the right to such receipt shall not affect any other remedies available to the non -delaying party for such breach. CLOSING SHALL CONSTITUTE ACCEPTANCE OF THE PROPERTY -IN ITS THEN EXISTING CONDITION UNLESS PROVISION IS OTHERWISE MADE IN WRITING. 12. POSSESSION: Unless otherwise provided herein, possession shall be delivered at Closing. No alterations, excavations, tree removal or other such activities may be done before possession is delivered. Seller shall remove, by the date possession is made available to the Buyer, all personal property which is not a part of the purchase and all garbage and debris from the Property. 13. PROPERTY INSPECTION/INVESTIGATION (Choose ONLY ONE of the following Alternatives): W ALTERNATIVE 1: (a) Soil, Water, Utilities And Environmental Contingency: This contract is contingent upon Buyer obtaining report(s) that (i) the soil is suitable for Buyer's Intended Use, (ii) utilities and water are available to the Property, (iii) there is no environmental contamination, law, rule or regulation that prohibits, restricts or limits Buyer's Intended Use, and (iv) there is no flood hazard that prohibits, restricts or limits Buyer's Intended Use (collectively the "Reports"). All costs and expenses of obtaining the Reports shall be borne by Buyer. Buyer shall use Buyer's best efforts to obtain such Reports. if the Reports cannot be obtained, Buyer may terminate this contract and the Earnest Money Deposit shall be refunded to Buyer. Buyer waives this condition unless Buyer provides written notice to Seller by November 23, 2007 that this condition cannot be satisfied, TIME BEING OF THE ESSENCE. (b) Sewer System (check only ONE): ❑ Buyer has investigated the costs and expenses to install the sewer system approved by the Improvement Permit attached hereto as Exhibit A and hereby approves and accepts said Improvement Permit. ❑ Seller represents that the system has been installed, which representation survives Closing, but makes no further representations as to the system. Buyer acknowledges receipt of the Improvement Permit attached hereto as Exhibit A. Buyer shall have the option of inspecting or obtaining, at Buyer's expense, inspection(s) to determine the condition of the system. If the system is not performing the function for which intended and is in need of immediate repair, Buyer may terminate this Contract and the Earnest Money Deposit shall be refunded to Buyer. Buyer waives this condition unless Buyer provides written notice to Seller by that this condition cannot be satisfied. TIME BEING OF THE ESSENCE. Q This Contract is contingent upon ❑ Buyer M Seller ("Responsible Party") obtaining an Improvement Permit or \,written evaluation from the County Health Department ("County") for a (check only ONE) ❑ conventional or M other PEAT ground absorption sewage system for a 3 bedroom home. All costs and expenses of obtaining such Permit or written ew aluation shall be borne by Responsible Party unless otherwise agreed. In any event Seller, by no later than November 9, 2007 shall be responsible for clearing that portion of the Property required by the County to perform its tests and/or inspections. Responsible Party shall use best efforts to obtain such Permit or written evaluation. If the Improvement Permit or written evaluation from the County cannot be obtained by November 23, 2007 (date), either party may terminate this Contract and the Earnest MUneN Deposit shall be refunded to Buyer. ❑ Buyer has investigated and approved the availability, costs and expenses to connect to a ❑ public or ❑ community sewer system. (c) CLOSING SHALL CONSTITUTE ACCEPTANCE OF THE PROPERTY IN ITS THEN EXISTING CONDITION' UNLESS PROVISION IS OTHERWISE MADE IN WRITING. Page 4of7 STANDARD FORM 12-T / Revised 7/2007 Buyer initia •S . Seller initials D 7/2007 Produced with LpForm- by RE Fo=SNet, LLC 18025 Fifteen Mlle Road. Clinton Township. Michigan 48035 www zipform rom 21,"GATSF.\'LN () r ALTERNATIVE 2: (This Alternative applies ONLY if Alternative 2 is checked AND Buyer has paid the Option Fee.) �) Property Investigation with Option to Terminate: In consideration of the sum set forth in paragraph 2(c) paid by Buyer to Seller (not Escrow Agent) and other valuable consideration, the sufficiency of which is hereby acknowledged (the "Option I-ee"). Buyer shall have the right to terminate this contract for any reason or no reason, whether related to the physical condition of the Property or otherwise, by delivering to Seller written notice of termination (the "Termination Notice") by 5,:00 p.m. on , TIME BEING OF THE ESSENCE (the "Option Termination Date"). At any time prior to Closing, Buyer shall have the right to inspect the Property at Buyer's expense (Buyer is advised to have all inspections of the Property, including but not limited to those matters set forth in Alternative I, performed prior to the Option Tennination Date). (b) Exercise of Option: 11' Buycr delivers the Termination Notice prior to the Option Termination Date, TIME BEING OF TIIE ESSENCE, this contract shall become null and void and all earnest monies received in connection herewith shall be refunded to Buyer: however, the Option Fee will not be refunded and shall be retained by Seller. If Buyer fails to deliver the Termination Notice to Seller prior to the Option Termination Date, then Buyer will be deemed to have accepted the Property in its physical condition existing as of' the Option Termination Date; provided such acceptance shall not constitute a waiver of any rights Buyer has under paragraphs 3.4 or 5 above. The Option Fee is not refundable, is not a part of any earnest monies, and will be credited to the purchase price at Closing. (c) CLOSING SHALL CONSTITUTE ACCEPTANCE OF THE PROPERTY IN ITS THEN EXISTING CONDITION UNLESS PROVISION IS OTHERWISE MADE IN WRITING. 14. RIGHT OF ENTRY, RESTORATION AND INDEMNITY: Buyer and Buyer's agents and contractors shall have the right to enter upon the Property for the purpose of appraising and evaluating the Property, and performing the tests and inspections permitted in this contract. Buyer shall, at Buyer's expense, promptly repair any damage to the Property resulting from any activities of Buyer and Buyer's agents and contractors. Buyer will indemnity and hold Seller harmless from all loss, damage, claims, suits or costs, which shall arise out of any contract, agreement, or injury to any person or property as a result of any activities of Buyer and Buyer's agents and contractors relating to the Property. This indemnity shall survive this contract and any termination hereof. Notwithstanding the foregoing, Seller shall be responsible for any loss, damage, claim, suit or cost arising out of pre-existing conditions of the Property and/or out of Seller's negligence or willful acts or omissions. 15.OTHER PROVISIONS AND CONDITIONS: CHECK ALL STANDARD ADDENDA THAT MAY BE A PART OF THIS CONTRACT, IF ANY, AND ATTACH HERETO. ITEMIZE ALL OTHER ADDENDA TO THIS CONTRACT, IF ANY, AND ATTACH HERETO. (NOTE: UNDER NORTH CAROLINA LAW, REAL. ESTATE AGENTS .ARE NOT PERMITTED TO DRAFT CONDITIONS OR CONTINGENCIES TO THIS CONTRACT.) ❑ Additional Provisions Addendum (Form 2A1 I-T) ❑ Loan Assumption Addendum (Form 2A6-T) ❑ Back -Up Contract Addendum (Form 2A 1-T) ❑ Owners' Association Disclosure And Addendum (Form 2A 12-T) ❑ Contingent Sale Addendum (Form 2A2-T) ❑ Seller Financing Addendum (Form 2A5-T) ❑ FHA/VA Financing Addendum (Form 2A4-T) OTHER:OBTAIN CAMA PERMIT FOR DOCK & ASCERTAIN WATER DEPTH AT DOCK SITE TO ACCOMMODATE 3.5'DRAFT AT LOW TIDE. 16. RISK OF LOSS: The risk of loss or damage by fire or other casualty prior to Closing shall be upon Seller 17. 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. 18. TAX -DEFERRED EXCHANGE: In the event Buyer or Seller desires to effect a tax -deferred exchange in connection with the conveyance of the Property. Buyer and Seller agree to cooperate in effecting such exchange: provided, however, that the exchanging party shall be responsible for all additional costs associated with such exchange. and provided further, that a non -exchanging party shall not assume any additional liability with respect to such tax -deferred exchange. Seller and Buyer shall execute such additional documents, at no cost to the non -exchanging party, as shall be required to give effect to this provision. (NOTE: If Alternative 2 under paragraph 13 of this contract will apply. Seller should seek advice concerning the taxation of the Option Fee.) 19. PARTIES: This contract shall be binding upon and shall inure to the benefit of the parties, i.e.. Buyer and Seller and their heirs. successors and assigns. As used herein, words in the singular include the plural and the masculine includes the feminine and neuter genders. as appropriate. Page 5 of STANDARD FORM 12-T Revised 7/2007 Buyer initials Q•S - Seller initials L_ ©7/2007 Produced with ZipForm " by RE FormsNet, LLC 1802 FF- een Mile Road, Clinton Township. Michigan 48035 www zibtarm corn 26'CATSEYL1. OT SURVIVAL: If any provision herein contained which by its nature and effect is required to be observed, kept or performed after ,e 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 a&reement of the parties and there are no representations, inducements or other provisions other than those expressed herein. All changes, additions or deletions hereto must be in writin; and signed by all parties. Nothing contained herein shall alter any agreement between a REALTORO or broker and Seller or Buyer as contained in an\ listing agreement, buyer agency agreement, or any other agency agreement between them. 22. NOTICE AND EXECUTION: Any notice or communication to be given to a party herein may be given to the party or to such party's agent. Any written notice or communication in connection with the transaction contemplated by this contract may be given to a party or a party's agent by sending or transmitting it to any mailing address, e-mail address or fax number set forth in the "Notice Address" section below. 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 may be signed in multiple originals, all oi' which together constitute one and the same instrument, and the parties adopt the word "SEAL" beside their signatures below. Buyer M has ❑ has not made an on -site personal examination of the Property prior to the making of this offer. THE NORTH CAROLINA ASSOCIATION OF REALTORS&, INC. AND THE NORTH CAROLINA BAR ASSOCIATION MAKE NO REPRESENTATION AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION OF THIS FORM IN ANY SPECIFIC TRANSACTION. IF YOU DO NOT UNDERSTAND THIS FORM OR FEEL THAT IT DOES NOT PROVIDE FOR YOUR LEGAL. NEEDS. YOU SHOULD CONSULT A NORTH CAROLINA�R£�L ESTATE ATTORNEY BEFORE YOU SIGN IT. / j Date: Oyrtober 12, 2007 j Date 11u)er_ZEA�, (SEAL) . Seller ZL (SEAL) CIZAMES SW ON JR 13AVID T GEE Date: October 12 2007 Date: Buyer (SEAL) Seller BARBARA SWANTON REGI MC (SEAL.) NOTE: INSERT THE ADDRESS AND/OR ELECTRONIC DELIVERY ADDRESS EACH PARTY .AND AGENT APPROl FS FOR THE RECEIPT' OF ANY NOTICE CONTEMPLATED BY THIS CONTRACT. INSERT "N/A" FOR ANY WHICH ARE: \M APPROVED. BUYER NOTICE ADDRESS: VlailingAddress:214SLEEPY HOLLOW RD CT, RED BANK NJ 07701 Bw, er Fax#: B1ner 1.-mail .Address: swan tonhvac@ aol. com SELLING AGENT NOTICE .ADDRESS: Mailing Address: 4219-H ARENDELL STREET MOREHEAD CITY, NC 28557 Selling Agent Fax#: (252) 240-0619 harold@genagilbertrea Selling Agent E-mail Address: lestate. com Sellinu Agent Phone#: (252) 240-0259 SELLER NOTICE ADDRESS: Mailing Address: 1510 ROBERTSON RIDGE RD LN, KING NC 27021 Seller Fax#: Seller E-mail .Address: LISTING AGENT NOTICE .ADDRESS: Flailing ;address: 4915 ARENDELL STREET SUITE 301, MOREHEAD CITY, NC 28557 Listing Agent Fax#: info@RH-andCompany.co Listing Agent E-mail Address: m Listing Agent Phone#: (252) 241-0647 Page 6 of 7 STANDARD FORM 12-T Revised 7/2007 7/2007 Produced with ZZpFornt ' dy RE FormsNet, LLC 18025 Fifteen Mile Road. Clinton Township. Michigan 48035 www zmfdrm can _,,,,(; 1TSFY1.N n 1 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary Eugene C. Campbell 271 Gatsey Lane Beaufort, NC 28516 Dear Mr. Campbell: November 28, 2007 This correspondence is in reference to your November 18, 2007 letter of objection to the docking facility proposal of Mr. David McGee, adjacent to Core Creek, located at Lot 35, Stanton Landing in Beaufort, Carteret County, NC. The DCM reviewed the application along with the pertinent rules of the Coastal Resources Commission in conjunction with your objections and determined that the project is consistent with the Commission's rules. Therefore, the DCM issued CAMA General Permit #51809 to Mr James Swanton, contractual purchaser of the property from Mr. McGee, on November 28, 2007, authorizing the docking facility as proposed. If you wish to appeal this permit decision, you must file a Third Party Hearing Request with the Director of the Division of Coastal Management, Mr. James Gregson, Department of Environment and Natural Resources, within 20 days of the permit decision. A copy must also be sent to the Attorney General's Office, Environmental Division. If you wish to appeal, please contact me and I can forward you the pertinent forms. And if you have any questions about this matter, please don't hesitate to contact me at (252-808-2808). Sincerely, } J Tere Barrett District Manager, MHC Enclosure cc: Ted Tyndall, Assistant Director, DCM Brad Connell, Field Representative, DCM 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-2808 \ FAX: 252-247-3330 \ Internet: www.nccoastalmanagement.net An Equal Opportunity \ Affirmative Action Employer — 50% Recycled \ 10% Post Consumer Paper NCDENR hlol-th Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor James Ff. Uregson, Director William G. Ross Jr., Secretary Date OV p'ld &o a 9 Applicant. Name Jam e s Mailing Address ak4 Skee-eH V�o�`a'w (D.d- I certify that I have authorized (agent) kAy y-a L � &t. t �q er1" to act on my behalf, for the purpose of applying for and obtaining all CANIA Permits necessary to install or construct (activity) l o cs c-/ at (location) \, rt' 3 5 S­70. rt o �-\ �-. ►� �, rg This certification is valid thruAate) \ aL` s1 \ 0 e-- Signature 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-2808 \ FAX: 252-247-3330 \ Internet: www.nccoastalmanagement.net An Equal Opportunity \ Affirmative Action Employer — 50% Recycled \ 10% Post Consumer Paper NOV--16-L`OL':;Fk1) 13,O1 3EE3HF'cj FENCE UMPAN'D FRX:1Slit 3d3 8 d 7 5 P.01-]I?G022 Rx Date,'Time NOV-i5-2Co7(Fa11) IQ:30 1 '5? 726 3432 P DOl FROM : Rort Hardee & C„ FAX N0. : 1 252 720 3:I: G Fir.R . 15 2007 09: 08 ?M ?1 RH&Ca. 120 waterway Drive &aufarL NC 28515 252-725.0260 F= 252-728-3432 w>�nv.RH-andCarrp�ury.wm iiftibgl: Inf0�RF'i-anrK.Orr�ary cQtn FAX TRANSMITTAL FORM To: Clip Davis Nams: cc, Phone: Fax. Ito T43 95i7Z - Ms—s-ne' G "Dock fma� d:t- 85� 510 4ZYA I--- ^A4'014� From: A.B. Hardee Date Sent- 11/15107 Number of Pages: 2 total Mr. Davis, I hops all is going well with you and your family Please sigh the Adjacent Riparian Property Owner Stalement for lot #36 and return via fttx to: 252-72s-3432 Have a wonderful l"hartk59ivlm;- -A.B. Hardee 252-725-0260 N0V-i 6-20G 7' FP l ? l ' 01 SEE34S FENCE CCMF,W4 (FRO910 343 84; 5 P. 00�;'Oii' Rx Deq/Tioe NOV-16-UN(FRII) Q`110 1252 TE3 3432 P.OH rr%J' l : Pen Hardee t. Cc. rAX NO. : 1 252 722 34a? No(,,. 16 2007 OIJ: 3q-AI7 P2 Adjacent Riparian Property Owner Statement (FOR A Piit!.IUPV OORI 1G PMiNG&BOATLO"1";BOATSOUSE) T h=by ccriify dw I own property adjacent w 1 avi d C c'G eer $ Alamo �Y tk�-n�r lrope� located at l.ca 3S� l�CL bbc8c, Huai, ctc. ' C,.AreA—k NC Waurbod-.; Town aa&or oowty i£c bw daw6bcd to me, as shown belorw, the dovclopwe= he is proposing at that location and I have no 7i'do, 'oW io his proposal, not wish to waive the setback requircmcnt. ... I ado wish to waive dye setback rcgL&ement. Vescription andfor Drawling of Proposed Devclapmcat (To be Med in by the individual proposing development) �rofow 04ce.s5 40,x 6p, 4o a. H'V x 8, .L*' -?ioA4fm W/ I L)#,P-oNC«d -ja4i 1+ % , 1-3- x 13. ea CA- d Si Print or type name Tcicphonc number r i 404 4-0 Ali � 4 la HCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary MEMORANDUM DATE: November 26, 2007 TO: Tere Barrett FROM: Brad Connell SUBJECT: Objection Letter — Eugene Campbell, Carteret County Please send a letter to notify Mr. Campbell that although we understand his concerns, the docking facility proposed by his future neighbor, James Swanton, is in accordance with our rules. Mr. Tyndall instructed me to ask you to notify him of this at your earliest convenience so that I may go ahead and issue the permit to Mr. Swanton. Please find the objection and proposed development attached. Thank you for your time and consideration in this matter. Enclosure 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-2808 \ FAX: 252-247-3330 \ Internet: www.nccoastalmanagement.net An Equal Opportunity \ Affirmative Action Employer — 50% Recycled \ 10% Post Consumer Paper November 18, 2007 Mr. Ted Tyndall CAMA 400 Commerce Avenue Morehead City, NC 28557 Dear Sir: n,:�., NOV 2 1 2007�- Morehead City DC I have been notified that my neighbor, David McGee, who owns lot 35 in Stanton Landing Subdivision, has applied for a dock permit. I would like to go on record to objecting to the physical construction of the dock. I have an already existing dock located immediately north of the above mentioned property. My dock is located 17 feet from the property line in discussion. My main concern is the Mr. McGee's dock does not hinder my approach to my dock with my 54 foot Sea Ray boat. I am unable to approach my lift from the north due to shoaling that has occurred since the dock was built. A sandbar has been created by extensive sand contribution from the sand pits located to the north of Stanton Landing. His present physical construction implies that he will extend as far out as 63 feet from high water line. His outer poles on his outer lift will make it almost impossible for me to get my boat on my lift. If Mr. McGee would reduce his outside pier from 8 feet to 4 feet that reduces his total intrusion to 59 feet from mean high water, enabling me to still approach my lift from the south. My dock was built first and the other docks nearby to the south were all located in reference to mine. As I am the only person who had my dock's location surveyed by a professional surveyor in relationship to the 80 foot marker from the channel edge, I think that I deserve some consideration by CAMA. Sincerely, +Euggeampbell 271 Gatsey Lane Beaufort, NC 28516 Home phone: 252-728-6010 Cell phone: 252-723-7648 'z i w ' , TP t1f f.fla•' q` Adjacent Riparian Property Owner Statement 2 200� ° (FOR A PIER/MOORING PILINGSBOATLIFTBOATHOUSE) Cit D e'q I hereby certify that I own property adjacent to ayt mc G e e- 's Name of Property Owner property located at L o � # 3S Lot, block, road, etc. OA CO« lirec k �� 7 C w~ ,;n t✓Ai+C(GN CaJ�'�tt , NC Waterbody Town and/or county He has described to me, as shown below, the development he is proposing at that location and I have no obje 'ons to his proposal. I do not wish to waive the setback requirement I do wish to waive the setback requirement. Description and/or Drawing of Proposed Development (To be filled in by the individual proposing development) Draw; nl Nv� ¢-o ca o d o►ccess Sca If__ P Se 40°x (a l� 4 4./�- Co /+s. Creek tc �s- q g,, x S ` ~ L'� tai �ar nr+ W/ 2 o++covcred vr- eoe �- 'Bt'CJ 13' X t3 at34 ac3S 43t0 �►vi5 �� C��bci k z�� 0 �2'" Si lure E AMe C 04-14 - it Print or type name �S2-- b Telephone umber ii zo zo07 D