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HomeMy WebLinkAbout21622_PALING, MICHAEL_19990323CAMA AND DREDGE AND FILL - GENERAL' 021622 PERMIT � ,,�.,"�� �._,• as authorized by the State of North Carolina Department of Environment, Health, and Natural Resources and the Coastal Resources Commission in an area of environmental concern pursuant to 15A NCAC Applicant Name Phone Number Address City State Zip Project Location (County, State Road, Water Body, etc.) Type of Project Activity FT. r - PROJECT DESCRIPTION SKETCH (SCALE: c ? Pier (dock) length C n�,iC ; !�!iJC v Groin length ice_' E ,' IF --I— , tXt �TlN number P. r„£ Bulkhead length max. distance offshore 1 A ' Z —:=.__ *, / Basin, channel dimensions 3 cubic yards Boat ramp dimensions I Other 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, applicant's signature imprisonment or civil action; and may cause the permit to be- come null and void. This permit must be on the project site and accessible to the permit officer's signature permit officer when the project is inspected for compliance. The applicant certifies by signing this permit that 1) this pro- ject is consistent with the local land use plan and all local issuing date ordinances, and 2) a written statement has been obtained from adjacent riparian landowners certifying that they have no objections to the proposed work. attachments In issuing this permit the State of North Carolina certifies that this project is consistent with the North Carolina Coastal application fee Management Program. expiration date . 4c), Dear Mr. Bysheim • The Heyer property is under contract for sale and the Buyer, Mr. & Mrs. Paling want to extend This letter is to tniuuf'Yx� i'g 9nocd'dJacent riparian landowner of Mr/Mrs Heyer ( seller ) , Paling (buyPRIps to construct an extension o the existing pier on their property located at 300 Whittaker Pt. Rd. in oriental, , NC. The sketch on the reverse side accurately depicts the proposed construction. Should you have no objections to this proposal, please check the statement below, sign and date the blanks below the statement, and return this letter to: Nick Santoro, Sunbelt Associates, PO Box 729, Oriental, NC 28571 as soon as possible. Should you have objections to this proposal, please send your written comments to the N. C. Division of Coastal Management, Hestron Plaza II, 151-B Hwy 24, Morehead City, NC 28557. Written comments must be received within (10) days of recent of this notice. Failure to respond in either method within (10) d tys will be interpreted as no objection. Sincerely, Nick Santoro Buyer's Agent I have no objection to the project as presently proposed and hereby waive that right of objection as provided in General Statute 113-229. I have objections to the project as presently proposed and have enclosed comments. Signatutre' DATE: 3 1 7- �) �� Fr) UN G o A Dear Ms. Henry The Heyer property is under contract for sale and the Buyer, Mr. & Mrs. Paling want to extend t existing dock. This letter is to noil-y you as an adjacent riparian landowner of Mrlb&s Heyer (seller),Paling (buy ePtUnStOCOnStruCt an extension to the existing pier on their property located at 300 Whittaker Pt. Rd. in Oriental , NC. The sketch on the reverse side accurately depicts the proposed construction. Should you have no objections to this proposal, please check the statement below, sign and date the blanks below the statement, and return this letter to: Nick Santoro, Sunbelt Associates, PO Box 729, Oriental, NC 28571 as soon -as possible. Should you have objections to this proposal, please send your written comments to the N. C. Division of Coastal Management, Hestron Plaza I1, 151-B Hwy 24, Morehead City, NC 28557. Written comments must be received within 10) d:w+� � or,-cce of this notice. Failure to respond in either method within (10.) davl will be interpreted as no objection. /Sincerely, �4 i��n t o Buyer's Agent — I have no objection to the project as presently proposed and hereby waive that right of objection as provided in General Statute 113-229. 1 have objections to the project as presently proposed and have enclosed comments. / Signature DATE: 3-13 - ff rig' 1 ;1 " ai SENDER: :2 ■ Complete items 1 and/or 2 for additional services. to ■ Complete items 3, 4a, and 4b, y ■ Print your name and address on the reverse of this form so that we can return this card to you. ■ Attach this form to the front of the mailplece, or on the back If space does not > pp ■ W3rite t'Return Receipt Requested" on the mallplece below the article number. r ■ The Return Receipt will show to whom the article was delivered and the date delivered. c I also wish to receive the following services (for an extra fee): Gi 1. ❑ Addressee's Address 2. ❑ Restricted Delivery rn Consult postmaster for fee. i u o. nrncru Addressed to: �^/ `7 4a. Artcle Number �j c_ _l i 1 0 t/ a (, °i U ¢ a F l c-� t� vt ( 4b. Service Type 0 UU t" del. WVq<V,� S j� ❑ Registered ettified L rt � �-1 � t_ C, SCr �) ❑ Express Mail �ured rn = ❑ Return Receipt for Merchandise ❑ COD a 7. Date of Delivery S o 0 ¢ 5. Received By: (Print Name) (Only if requestedW w 6. Signature: ( dressee or Agent) , X �G =Addressee's 0 n PS Form 11, December 1994 102595-9e-13-0229 Domestic Return Receipt SENDER: I also wish to receive the ■ Complete items 1 and/or 2 for additional services. ■ Complete items 3, 4a, and 4b. f0110w1n S8rvIC8S for an g ■ Print your name and address on the reverse of this form so that we can return this extra fee): card to you. ■ Attach this form to the front of the mallplece, or on the back it space does not 1. ❑ Addressee's Address permit. ■ Write "Return Receipt Requested"on the mailplece below the article number. 2• ❑ Restricted Delivery • The Return Receipt will show to whom the article was delivered and the dale COf1SUlt for fee. delivered. postmaster 3. Art{c{e Addressed to: (CND r-e- (� -y l�n t T -i 'A- ►u, L r ce "ll �at�rt 1�r9 r �� -A ITT IL'l Yid t J2 r� 5. Received By: (Print Name) 6. Signs Addwee A ant) PS Form 3811, December 1994 4a. Article Number C�,)v(--e7 Ab. Service Type ❑ Registered rtified ❑ Express Mail ❑ Insured ❑ Return Receipt for Merchandise ❑ COD 7. Date -) - O 1 1 8. Addressee's Address (Only if requested and fee is paid) 102595-98.8-0229 Domestic Return Receipt E c u -- - - ---- - _ �:j rr y .r n rr ,, - -MOM;- -- _--__—_-�.ti r, r r 1 r n n, ,• A d n, ,� n I. ti ,' r !r n r A J rt r rl r 1 a i 1 s. -- —- —_ - SUNBELT ASSOCIATES REAL ESTATE INC. 1218 BROAD STREET P O BOX 729 PH# 252-249-2867 ORIENTAL, NC 28571 531 DATE Wt 2 3 66-30/472 PAY l TO THE ,l p $sue• ORDER OF t / DOLLARS ]FIRST CITIZENS 472 FolroD A ATII Firstrtitizsns Banc 6 Trust Company rjjru�i� OlaMd,N.C.28571 FOR U . 1 \ M1l n 11000 L 2 Lfinm 1:0 S 3 L00 3001:004 7 L 2004 S660 OFFER TO PUIZCIIASE AND C(;NTRACT MICHAEL PALING asBu)er hereby of ers to purchase and MARQARET F . HEYER , as Seller, upon acceptance of said offer, agrees to sell and convey, all of that plot, piece or parcel of land described below, together with all improvements located iliereon and such fixtures and personal property as are listed below (collectively referred to as "the Property"), upon the following terms and conditions: I. REAL PROPERTY: Located in the City of OR I ENT41, County of _ PAMT. T CO , State of North Carolina, being known as and more particularly described as. Street Address WHTTTAKER PQTNT Rn- Ztp__Q7_52,J__.__ Legal Description: ,tc :kJ All O A portion of the property in Deed Reference: Book_ 9 i n , Page No. 3 O 1 ., p A],y j rn County. ) NOTE: Prior to signing the Offer to Purchase and Contract, Buyer is advised to review Restrictive Covenants, if any, which may limit the use of tlwc Property, and to read the Declaration of Restrictive Covenants, By -Laws, Articles of Incorporation, Rules and Regulations, and other govcniin,; documents of the owners' association und/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 fans, attached floor coverings, blinds and shades including window hardware, window and door screens, storm windows, combination doors, awnings, antennas, swclhwc dishes and receivers, burglar/fire/smoke alarms, pool and spa equipment, solar energy systems, attached fireplace 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, «,a l and/or door mirrors, and any items attached or affixed to the Property, EXCEPT the following items: 3. PERSONAL PROPERTY: The following personal property is inch Trip the purtraase price: n /(Y 2/10 4 d. PURCHASE PRICE: The purchase price is $ DDD - V _ and shall be paid as foliows: (a) S 1 - n n n - ap , EARNEST MONEY D • OSIT by O cash JP personal check O bank check O certified Owck 0 other _ to be deposited and held in escrow by MARINER REALTY, INC. escrow agent, until the sale is closed, at which time it will be credited to Buyer, or until this contract is otherwise terminated. In the event: (1) tftis of fcr is not accepted; or (2) any of the conditions hereto are not satisfied, then all earnest monies shall be returned to Buyer. ht the event of breach of laws contract by Seller, upon Buyer's request, all earnest monies shall be returned to Buyer, but such return shall not affect any other I. ...Cdies ;:vJlablc I') Buyer for such breach. In the event this offer is accepted and Buyer breaches this contract, then all earnest monies shall be forfeited upon ti_licr's rC11ue:•1, but receipt of such forfeited earnest monies 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 by a broker, the brOkci is rctluirt,f by state law to retain said earnest money in the broker's trust or escrow account until a written release From life parties consenting to its d4po:,iiil,n b,. . been obtained or until disbursement is ordered by a court of competent jurisdiction, (b) $ NA , ADDITIONAL EARNEST MONEY DEPOSIT to be paid to escrow agent no later than (0 S NA BY ASSUMPTION of the unpaid principal balance and all obligations of Seller on the existing loan(S) secured h a deed of trust on the Property in accordance with the attached Loan Assumption Adacndum. tiiJ) S bn , BY SELLER FINANCING in accordance with the attached Seller Financing Addeudurn. $ BALANCE of the purchase price in cash at closing. 5. COND IONS: (Stute N/A in each blank that is not a condition to this contract.) (a) The Buyer must be able to obtain a loan commitment on or before March 2 4 . 1999 , effective through the date of closing, for a D FHA O VA (attach FI-IA/VA Financing Addendum) Ot: Conventional O Other luwi at a Q Fixed Rate 13 Adjustable Rate O Other: - n d _in file princit al aniouot of _ n n n \-%A .�:: for a term of 15._— year(;), at an interest rate not to cx"#.d �_ 12 _°' per ;, :r,cwn. 1A i,r. �Q mongagi loan discount points not to exebed 0 %of the loan amount. Buyer agrees to use his best efforts to secure such commitment. 11,.yci ('( shall be responsible for all costs with respect to any loan obtained by Buyer, except if Seller is to pay any of the Buyer's loan closing co,as includhig Zllcl� discount points, those costs are as follows: na In the event Buyer fails to provide Seller with written evidence of the loan commitment within five days after receipt of a written request team Scllcw (but such request may not be made before the loan commitment date listed above), then Seller may terminate this contract unless Buyer waives the loan commitment condition. (b) There must be no restriction, easement, zoning or other governmental regulation that would prevent the reasonable use of the real propen} J",r RPRTnFNTT AT. _ puwpoS,;_ (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 the Property, not assumed by Buyer, must be paid and stitislied by Seller prior to or at closinb suki that cancellation maybe promptly obtained following closing. Seller shall remain obligated to obtain any such cancellations foliowing clusirg. (c) Title must be delivered at closing by GENERAL WARRANTY DEED unless otherwise stated herein, and must he fee title, lwr of all encumbrances except: ad valorem taxes for the current year (prorated through the date of closing): utility eascownts laid wivu,ialcd covcnants shut Jo not materially affect the value of the Property; acid such other encumbrances as may be assumed or %pacifically appwved by (1u) er. The Property must have legal access to a public right of way. 6. SPECIAL ASSESSMENTS: Seller warrants that there are no governmental special assessments, either pending or confirmed, for sidewalk, pavin;-.. water, sewer, or other improvements on or adjoining the Property, and no owners' association special assessments, except as tililut+, NONE (Insert "None" or the identification of such assessments, if any,) Seller shall pay all confirmed owners' association asscssmcrds and aft confirmed governmental assessments, if any, and Buyer shall take title subject to all pending assessments, if any, unless utherwise agreed as f0floii,. NONE 7. PRORATIONS AND ADJUSTMENTS: Unless otherwise provided, the following items shall be prorated and either adjusted behvicen the p,.rfwr. or paid at closing: (a) Ad valorem taxes on real property shall be prorated on a calendar year basis through the date of closiog; (b) Ad vaforcin on personal property for the entire year shall be paid by the Seller unless the personal property is conveyed to the Buy%:r, it, which case, the persunai property taxes shall be prorated on a calendar year btuis through the date of closing. (c) All late listing penalties, if any, shall be a;d 11y % Jler. (J) kclw., if any, for the Property shall be prorated through the date of closing. (e) Owners' association dues, and other like charges shall be prorated through tllc date of closing. Seller represents that the regular owners' association dues, if any, are SSE per S. CLOSING EXPENSES: 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. Buyer shall pay for recording the deed and for preparation and recoiding 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, situated in any tank on the Prupeny at the prcrNiliug rate with the cost of measurenwil, thereof, if any, 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 acceptance of this offer. copies of all title information in pyssession of or available to Seller, including but not limited W: title insurance policies, attorney's opinions on title, surveys, covenants, deeds, notes a+d deeds of trust and easements relating, to, the Property. 11. LABOR AND MATERIIAk: Seller shall furnish at closing an affidavit and indemnification agreement in form satisfactory to Buyer showing that all labor and materials, if anygfurnished to the Property within 120 days prior t., the date of closing have been paid for and agreeing to indemnitj Buyer against all loss from any cause or claim arising therefrom. This Standard Form has been NORTH CAROLINA BAR ASSOCIi TION, INC. Standard Form No. 2 UJ 13 Qw,,100 approved jointly bythe: NORTH CAROLINAASSOCIATIOi OF REALTORS®, INC. Copyright a 6198 ""' I!. I'1 OPFRTY DISC1.0S IRE AND INSPECTIONS: (a) Property Disclosure: 73 Buyer has received a signed copy of the Residential Property Disclosure Statement prior to the signing of this Oficr to Purch::se aid Contract. )(1 Buyer has NOT received a signed copy of the Residential Property Disclosure Statement prior to the signing of this Offer to I'archase and C'unt,,.. . ;unJ ,hall have the right to terminate or withdraw this contract without penalty upon receipt of the Residential Property Disclosure Statement pRw tJc ;- such termination or withdrawal notice is hand delivered or mailed to Seller or Seller's Agent within three days following receipt of same. O Exempt from Residential Property' Disclosure Statement because (SEE GUIDELINES)_!— !1 The Property is residential and was built prior to 1978 (Attach Lead -Based Paint or Lead -Based Paint 1 lazards Disclosure Addendum ) (b) Property Inspection: Unless otherwise stated herein, or as otherwise provided on an inspection addendum attached hereto, Buyer shall have L1­ option of inspecting or, obtaining at Buyer's expense, inspections to determine the condition of the Property. Unless otherwise stated herein, it i,. - condition of this contract that: (i)the built-in appliances, electrical system, plumbing system, heating and cooling systems, roof coverings (inclucim, flashing and gutters), doors and windows, exterior surfaces, structural components (including foundations, columns, chimneys, floors, walls, ccilm.. avid roofs), porches and decks, fireplaces and flues, crawl space and attic ventilation systems (if any), water and sewer systems (public and private), sli.iii be performing the function for which intended and shall not be in need of immediate repair; (ii) there shall be no unusual drainage conditions or evidence._ of excessive moisture adversely uffecting the structure(s); and (iii) there shall be no friable asbestos or existing environmental contamination. lnspecuoi, . most be completed on or before _ Februa rv- 2 4 , _ 1999__—. Buyer is advised to have any insnectisms made n1ior t�1 incurring e xneu�. _ (c) Wood -Destroying Insects: Unless otherwise started heruin, Buyer shall nave the option of obtaining, at Buyer's expense, a report from a liccw-,: I,c:,t control operator on a standard form in accordance with the regulations of the North Carolina Structural 1'est Control Committee, stating that iL,;, wan, rro visible evidence of woud-destroying insects wid containing no indication of visible damage therefrom. ]'he report must be obtained in sulhc t, i,i oinC so as to permit treatment, if any, and repairs, ifany, to be completed prior to closing. All treatment required shall be paid for by Seller and comptcic,i prior to closing, unless otherwise agreed upon in writing by the parties. The Buyer is advised that the inspection retort described in this paragraph m.'_ not Aways reveal either structural damage or damage caused by agentssr orga,,n_ic_ms other than wood-destroyine insects, If new construction, Seller shall provide a standard warranty of termite soil treatment. (J) Repairs: Pur•ivant to any inspections in (b) and/or (c) above, if any repairs are necessary, Seller shall have the option of (i) completing them, (iu providing for their completion, or (iii) refusing to complete them. If Seller elects not to complete or provide for the completion of the repairs, then Liu y ci shall have the option of (iv) accepting the Property in its present condition, or (v) terminating this contract, in which case all earnest monies shall he refunded. Unless otherwise stated herein, or as otherwise provided on an inspection addendum attached hereto, any items not covered by (b)(i), b (it) b (iii) and (c) above are excluded from repair negotiations under this contract. (e) Acceptance: CLOSING SHALL CONSTITUTE ACCEPTANCE OF EACH OF THE SYSTEMS, ITEMS AND CONDITIONS LISTFI vIiOVE IN ITS THEN EXISTING CONDITION UNLESS PROVISI0NJ&Q1IPHgRWISE MADE IN WRITING, 13. REASONABLE ACCESS: Seller will provide reasonable access to Buyer<or Buyer's representatives for the purposes of appraisal, inspectiw,. andlor evaluation. buyer may conduct a walk-through inspection of the Property 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 paper necessary in connection with closing and transfer of title on or before Apr J 1 2 4 , 1999 at a place designated by Buyer. The deed is to be made to Michael Paling and Diane E. Paling IS. POSSESSION: Unless otherwise provided herein, possession shall be delivered at closing, In the event possession is NOT to be delivcucJ cluing: O a buyer possession before closing agreement is attached, OR, O a seller possession after closing agreement is attached. to. OTHER PROVISIONS AND CONDITIONS: (ITEMIZE ALL ADDENDA `'O'I'1dIS CON'I'RAC'I' AND A I' I'AC'I I HERETO. SEE LIST (;I S I'ANDARD FORM ADDENDA AVAILABLE.) a) This offer is contingent upon the Buyer being able to obtain a CAMA permit to either: 1) extend the existing pier out to a water depth of 5 1/2', or 2) dredge the bottom adjacent to the existing pier tU d ClC�'i:ll UL r i% �'and (:�Ji n. -,i_`c '.:hat. ��0P01 tO 1-hc' f-. t1ng depth of the navigation channel. The Buyer will bear the cost of the permitting process and apply for the permit. 17. RISK OF LOSS: The risk of Toss or damage by fire or other casualty prior to closing shall he upon Seller. If the improvements on the Propc i,, .tie destroyed or materially damaged prior to closing, Buyer may terminate this contract by written notice delivered to Seller or Seller's agent anLI oll Llep0,its shall be returned to Buyer. In the event Buyer does NOT elect to terminate this contract, Buyer shall be entitled to receive, in addition io the Property, any of the Seller's insurance proceeds payable on account of the damage or destruction applicable to the Property being purchased. 18. ASSIGNMENTS: This contract may not be assigned without the written consent of all probes, but if assigned by agreement, then this contract sh,ih he binding on the assignee and his heirs and successors. 19. PARTIES: This contract shall be binding upon and shall inure to the benefit of the parties i.e., Buyer and Seiler and their heirs, successors a,,d a„igns. As used herein, words in the singular include the plural and the masculine includes the feminine and neuter 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 closuiE is shill 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 are no representations, inducements or �ntly c provisions other than those expressed herein. All changes, additions or deletions hereto must be in writing and signed by all parties. Nothing cuntainco herein shall alter any agreement between a REALTOR's' or broker and Seller or Buyer as contained in any listing agreement, buyer agency agreement, or arty other agency agreement between them. 22. EXECUTION: This offer shall become a binding contract when signed by both Buyer and Seller. 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' of 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 REAL ESTATE ATTORNEY BEFORE YOU SIGN IT. ltu, cc atknuwie ges hauhig, Horde anre jte personal ezaminotion of the Property prior to the n ing of this offer. i>uycr r(L��r 1 • (SEAL) Seller 1�~ (SI:AI.i .�'- WI ax IDa r- -7 z'I8 SSrrax Ic I lu)cr — _!(SEAL) Seller _— _-_ (SL:Al,) �S/fax ID# SS/I'ax 1D#___*_._ Bale: — —� -1 --- -- I hereby/acknowledge receipt of the earnest money herein se forth and agree to hold and disburse the same in accordance with the terms hereui. Dale / Firm: (A Buyer's Agent O Seller's (sub)agcni Selling AgenuFinn/Phone SUNBELT ASSOCIATES REAL ESTATE, INC. ,__ — Acting as O Dual Agent CRSeller's (sub)agent Listing Agent/Firm/Phone MARINER REALTY, INC. Acting as 0 Dual Agent