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HomeMy WebLinkAbout39368_BAKER JR, FLETCHER B_20041130_ __ „9 n� � �r x .r} .tiix � �•Y,.?I'r, +i �., i7�.;-.. �3-, . r „_ _ _nn _ _ _ a T CAMA ! DREDGE & FILL � �'Ip GENERAL PERMIT Previous permit # ❑New JModification El Complete Reissue _Partial Reissue Date previous permit issued 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 15A NCAC ❑ Rules attached. Applicant Name 7 C t-(6 7 3r?� � . Project Location: County_ Address-----.-- "O E r�it !(;o i24-,,l - Street Address/ State Road/ Lot #(s) City---- State , &'' ZIP Phone # (_)� LC)f < Fax # O Subdivision 1,k=17 �- Authorized Agent /7pr,.,♦��y - City ! - ;; , �C% ZIP 1 L�CW OEW 0PTA ❑ES ❑PTS Phone # () River Basin /i/'I "T e5l Affected OEA ❑ HHF ❑ IN ❑ USA ❑ N/A AEC(s): r . Adj. Wtr. Body LLIo -' I�-1r: r_ _ (nat,/man /unkn) ❑ PWS: ❑FC: ORW: yes / no PNA yes /(no 1 Crit. Hab. yes / no ;) Closest Maj. Wtr. Body 1y' 67. i!(I- —. Type of Project/ Activity P,a' �. L (Scale: Pier Platf Finger Groit length number Bulkmead/ Riprap length A� avgdistance offshore-- max distance offshore Basin cubic yards_ Boat ramp Boat Beac Other—,---- Shor�,Iine Length SAV: not sure yes (no Sand Mor Photos: Waiv A building permit may be required by: Notes/ Special Conditions See note on back regarding River Basin / ' ' rules. r �►� Agent or Applicant Printed Name Signature *- Please read compliance statement on back of permit ** Application Fee(s) Check # Permit Officer's Signature Issuing Date /Expiration Date Local PlanningJurisdiction Rover File Name 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 landowners). 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: [_1 Tar- Pamlico River Basin Buffer Rules i 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 (910-395-3900) for more information on how to comply with thesebuffer rules. Division of Coastal Management Offices Central Office Mailing Address: 1638 Mail Service Center Raleigh, NC 27699-1638 Location: Parker -Lincoln Building 2728 Capital Blvd. Raleigh, NC 27604 919-733-2293 / 1-888ARCOAST Fax: 919-733-1495 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) Morehead City District 151-B Hwy. 24 Hestron Plaza II Morehead City, NC 28557 202-808-2808 Fax: 252-247-3330 (Serves: Carteret, Craven, Onslow -above New River Inlet- and Pamlico 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 910-395-3900 Fax: 910-350-2004 (Serves: Brunswick, New Hanover, Onslow -below New River Inlet- and Pender Counties) www.nccoastalmanagement.net Revised 10/05/01 TIMOTHY H. BAKER 66-85/531 2013 HIROMI "PATTY" BAKER 0260209935 LIC. 4296405 4468184 P.O. BOX 12005 DATE J JACKSON/V�ILLE, JJJN/C 28546 PAY TO THE / /f /^/ /,%1jJ(' ORDER OF '�/ / J1(/ (/ � 1-3 nn $ �v RBC Centura 3` 31o8-G C �a RBC Centura Bank ' Jacksonville, NC 28540i MEMO Z�?u Aye-- y /qt& C ------ -- ----- — -- — — 1:053LOOB501:02602099351I' 20L3 5-q5 - 5 e�op P- 23o �,Vtf fes�� p` bury N (� Sw�rs i r ae Co,2 /, ProP, (&At "a �,0-73,k) t'I7c,lcq FROM :PARK WEST APARTMENTS FAX NO. :9105773382 Nov. 24 2004 10:15AM P1 November 24, 2004 To- Ray Brownlow From: Tim Baker Re: 230 Raver Reach Dr. Attached to this oover sheet is an updated drawing and a ietter from the turremt owner allowing the dock permit. I think I followed througli on your fax dated, November 16, 2004. If T missed sometbing 1 will be happy to provide it. My brother and sister-in-law, Fletcher B, Baker, Jr. and Beattie Jeanne Baker, are purchasing this lot from the K.ohler's. I am the real estate broker in the transaction. I gun available anytime for the site inspection. Flcase call me at 9 10-545-2015. Thanks FROM :PARK WEST APARTMENTS FAX NO. :9105773382 i0V,o18 2004� 3:01PM 136j!EALTY WORLD SWAVIKIRD PPOP �Hnw Disc �Ov, ;8.2004 2,F2?M UA,-Y WORLD $00SORO FRU�;���p IPW 6WT A M „L� NU. 110&ft f r l'C2 NrV%mow 11, 2w Nov. 24 2004 10:15AM NO.290 P. 1= NO la `. Nov, lb se '* % s&w mi TornWAvr. tw*' AW FWAff s' B �c►, br. t wwRd % dock w 4t poq i t �14 p1'It I� ar, NC II, ", P2 01 ADJAC;ENT RIPARIAN' PROPERTY OWN17R STA"i'LNWIN;[' (FOR A P11,"RIr1100RING PILINGSIBOATl.,lr~I BOATHOUSE) hereby certify that I own property adjacent to—Elekher t3. Maker, )r.SIs (Name of Property Owner) prolvAy hx-at,xl al L lve (Lot, Ijlock, Rwid, etc.) r on _ r1i QCIK �I Y�1' „,. __- -_-, in . N51ow co" ki , N.C. (1�' atvrbody) __._.,....... (Town and/or County) ---- He h-as describu..l to rue, as shown bolow, the devc►opment he is proposing at that location, anti, I linvo, no objections to his Proposal. I understand that a pier/mooring pilinGsri�i�;rllifr+�i:oatl,ouse must he set back a minimum distance of fifteen feet (15') from my area of riparian access unless waived by vie, —__ I (Jojin1 wish to waive the setback requirement, t I clo wish to waive: that setback rcquirc;mmt. i)I.SCRIP'I' ON AN'D/Olt DRAWING OF PROPOSED I)LVL•'[AI'►MEN : ('%v be fi!lc�l is by irdiiirlrcal p�vposing devclol�nrc�:1) D- TCI U Print or Typo Name Tc! phonc Number late: NOV-C9-2004 TUE 11:04 AM NO DIV OF COASTAL MGMNT FAX NO. 4 P. N ATVAC3,NT RIPAiiIAN ]'I.2 OPIERTY OWNER 5'1 Xf ENWNT (FORA Yllsl+tlrblOORING PiLINUS/IIOATI..II'I BOAT[IOUSB) 1 hereby certify that I own property adjacent to 'l2kher 13. Raker-,k S _'s (Name of Property Owner) prolh,rty Icxatccl at � .. Lo� (Lot, Itlock, Road, etc.) on _kLL k- jQq- K,.- in '1Sjbhf Col.Ly +,-1 �- ----N.C. (Watcrbody) ('Town and/or County) He hats described to rue, its shown below, the development he is proposing; at that location, and, I have no objections to his proposal. I understand that a pier/mooring j�iliti�;siia{i+tliftll.o�tthouse must be set bnk a minimum distance of fifteen feet (15') from nay area of riparian access unless waived by ine. —__ I do -jot wish to waive the setback requirement _x _ I Oo wish to waive that setback rcyuiTCmcnt. iti;SCIZ11Y'ION ANID101t DRAWING OF I11110POS1ErD DEVELOPMENT. (to be filled in by ine&,idual proposing development) Signature nn n [Tint or Typc Name 11 3 Q 4 - 3oi1) Telephone Number Date: t U d FROM :PARK WEST APARTMENTS FAX NO. :9105773382 Nov. 16 2004 11:02AM P2 t NOV-09-2004 TUi= 11:04 Ate NO DIV OF COASTAL MGMNT FAX N0, 4 R D? ADJAUXr,NT RIPARIAN PROPERTY OWNER S-TATEMT,, NT (PORA P11?RIA100RING PiLINGS1110ATL,11,?'IBOAT110USJ,) I hereby certify that I own proper'ty Tdjaccnt to fetcher PJ_ tea er (N,ime of Property Owner) l),'oj-A�i-ty 10C: hell 7L _..._ LCYF # a0 l_LrlcQeh At (Lot, Bloctt, Road, ate..) Oil —KL, in a-TS b --- ---> N.C. (Watvi,body) (Town sindlor Count ) Etc h'u described to rur :, a,s sLown bclow, the dtvc?opmcnt hr is I -oposing, at tlr it location, ancl, r 1,2 vc no objoctims to his proposal_ I undastand that .i piethnoorine PilingsJt�i,ntlifiJl:oatho�ts� must be sv tack a mininlum distant: of fifteen feet (15') from nay uea of riparian access unless waived by i.ie. —__ I ll.Ln�Qj wish to waive iltc setback requirement, -�_ I ,(12, wish to waive that setback rcqulre,mmi. 17rS(.'ItIPI't()1`� ANLYOR DRAWING Of- PROPOSED DDIELOPINIENT; (%o be ftlicil in by im1hidual proposing derclopment) i NWI I 'Lw Sif;nawrc KCNNCT-t-k p--�/% Print or Typc Name J 3 -P 4 3 0) � Tc!ccphone Numbcr �1 FROM :PARK WEST APARTMENTS FAX NO. :9105773382 Nov. 16 2004 11:02AM P3 ,w, uv LUV L tUL. L1,U-1 Lill nU V19 UI UU1JUIL IUlllll fl1A NV, 4 Al)JACI�',N'!' ILl['AlklAN l"ROPT.R'T'Y o`vNER STATL'NE?NT 0,'0 ' A 1' ERIA100RING 1'1LING.SIBOAT1,11-TIPOAMOUSF,) I hcre:by certify Lhat I own property adjacent to lek-i-er b_ taker r•' (Name of Property Owner) property Icuallzcl ,It , %O? # o�t� 1 er RcaQ Vh , (Lot, Ittacit, Ro;►d, etc.) U'l —wig i LS_Mkz._ R.I. yP!'................. .._. in 11►)slow l ou Yi 4"\.1 _ --, N. C. (W�►tvrlwt4}} (Town mullor Ccunty) He hail doscribcx.l to me, m shown below, 0w deva!op ment he is propOsin nt Lhat location, and, ( tw.ve no objections to his proposal, I undcrst:t►td that a pier/mooring i�ifin�;s i�ailtlift/l uattlouse InUst he sci b-ack a minimum distance of fifteen feet (15') from my area of riparian access unless waived by rtr.. I j,�_1lp,t will► to waive the setback requirement, t, _ _ I sly, wish to waive that s•,tback ra;uirc:n�ltt. T)l?5C"ii(T'1'fC1^d ANL)'OIt I)HAtiV[114G OF PROPOSED P N'ELOI'btiNT" ('Iv bepicif in ty inx,irluol proposinS devciopment) U a �B�' xrs.a�• Print or Typc Name Tc'cphonc N,.Imbef fN 76"04'47" E 152.111 76004' 47" E 2 9. 1 N13;55E'W7 w E 263.89 2 .00 4 u� E 251.62 co (: ) -- S 13Q 55 (13" E 20.00' LL � v , N 7s 04 4 E 2 3.80 N�0 ` ,E--- 2JL49' DRAIN AG ESMT, E-- 235:58` N I� 3°�55 3' n f � 20�•00 m �... O'ZI r,cl U \ S 130,51 i3" E 20.00i E <30.00 E 2-30.00` S 130 55' 13 E 2 0.0 0— __j E 230.00' f E I 230.00 ---- -� M .a. N 004 47" E �6004'47 E IV F13055' 13" W 7 2100 N 76004 N 76004'47" F, N F 3° 5 5` 13 W 2 .00 I. 282.1 262.A 265 72' 266 06` S 24002' IE 40.63' S 24Q02')6 L31' -S 0203'9' 37 80.25` .f.� S �39' 37' — 73Oa' 41.26' S 73°4 19.68` S 05°3 70.67' S 12°g4`35" 38,65 S 12024' 35" 5.98' S 160?0' 23" 80.07 $ 14024'32" 40f.00' 3 D .._ S (4024'32" 80.o0 71 O 3 D m LO D D ZJ 3 m z --+ LO D X z 0 Lrl m fU Onslow County, North Carolina Spatial Data Explorer Page 1 of 2 rowcourv `JFN-iial Dales Click on the Map to: Zoomin (' ZoomOut (— Recenter Map (— Identify: I Parcel Map Zoom Factor: 2X C Radius Search (feet) J V - Parcel Data Find Adjoining, Parcels • Abstract Tax Value: $80,000.00 • Tax Parcel ID: 1323A-3 • Current Tax Value: $80,000.00 • NC PIN Number: 536504643994 • Land Value: $80,000.00 • Tax Record Number: 41066 • Structure Value: • Owner's Name: KOHLER RONALD L & JOAN C • Other Buildings Value: • Property Record Card • Improvement Code: V • Plat Book and Page Number:21-219 • House Square Feet. • Deed Book and Page:1208 483 • Property Address: 230 RIVER REACH DRIVE • Date Deed Recorded: 10071994 • Township Code: 113 • Deed Stamp Amount: 57000 • City Code: 22 • Tax Acreage Charged: 0.69 • Neighborhood Code: 1136 • Zoning Code: R•20 (SF) SCALE 1 : 2424 Reference Map Map Layers Draw Layers Draw selected layers: Boundary F City Boundaries Parcel Map F- ETJ Multi Symbol - r Fire Districts (— Flood Data Multi Symbol - 1- Soil Map (— Township Boundary (— Election Districts (— Census Tracts r Neighborhoods F- Zoning Infrastructure r Street Center Line (— Index Map F7 Aerial Photography Physical r Streams Draw Layers MAP Currency This map is prepared for the inventory of real property foi within this jurisdiction, and i; compiled from recorded dee plats, and other public recor and data. Users of this map hereby notified that the aforementioned public primE information sources should consulted for verification of I information contained on thi map. The Onslow County, mapping, and software companies assume no legal responsibility for the information contained on thi map or in this website. Data Effective Date: 13 October 2004 Current Date:11/16/200, Time:2:19:41 PM http://66.208.132.2541servleticom.esri.esrimap. Esrimap?Name=Onslow&Cmd=Clk&Left=25661... 11 / 16/2004 Page 1 of 1 http://66.208.132.254/images/Onslow 10428800B632..ipg 11/16/2004 Ohslow County, NC Property Record Card Page 1 of 1 OWNERSHIP 10122004 49263 301 1PROPERTY DESCRIPTION ITAX SUBDIVISIONS IMAP NUMBER CARD NO KOHLER RONALD L & JOAN C RIVER RCH PH I L20 SWANSBORO TWP 1323A 3, 1 TOWN OF SWANSBORO RECORD NUMBER:. 41066 10034 PURITAN WAY S/F 1323 8 UTE 11360017 DAMASCUS MD 20872 TEMP-536504 45 STER:GB/LC 5VIEW;DC - 5 DEED:1208 483SID071994 57000-22 230 RIVER REACH DRIVE 7 199 ITOPO ISTREET JUTILITY IZONING 0.69 ACRES NBHD ROLLING PAVED ALL PUB 1136 NOTES: LIGHT 1#1LAND CLASS I SIZE IBASERATE*FRNT*DPTH*ADJ=ADJRATE*UNITS=LND-VALUE !I 5000 I2-10 WFR/C/L 180F 243DI I I I I I 1 5000 BLAND VALUE: 1#10THER FEAT I SIZE IBASERATE*COND OTHER VALUE: IFNDATIONIXTRFNISHIROOFTYPE{IROOFMTRL{{ISIZE/QTYI I1.00STHT IWALLFNSHIFLOORS IHEAT&AIRIHEATFUELI 80000 =ADJRATE*UNITS=OFB-VALUE 0 VACANT 0 1 #ISTRUCTUREISKTCH-SF*STHT= AREA RATE*GRDF+HEAT+EXWL*WLHT=ADJRAT* AREA= RPCN* DEPF*CNDF=STR-VALUE STRUCTURE VALUE: 0 VALUATION VALUEIPREV-VAL.IP-N%l SALEIS-N%l TOTAL VALUE 80006 STRUCTURE RUCTUREI I ITOTAL SOOOOf SOOOOI160$f12 57000�8-483 4p$I 116782LV/AC APPRAISED -VALUE: 80000 http://www.roktech. net/cgi-bin/onslow/CreatePRC_2.pll?recNum=41066 11/16/2004 ti 861 Lynchburg Drive Jacksonville NC 28546 Phone:910-353-7777, Fax:910-577-3382 VACANT LOT OFFER TO PURCHASE AND CONTRACT NOTE: This contract is intended for use only for lots which have been developed pursuant to a Subdivision Ordinance adopted by a City or County and for which a plat has been recorded in the Office of the Register of Deeds in the county in which the property is located. 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) with the New Construction Addendum (Form 2A3). Fletcher B Baker Jr Bettie Jeannie Baker as Buyer, hereby offers to purchase and 004* le Ronald Kohler Joan Kohler 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 Swansboro , County of Onslow , State of North Carolina, being known as and more particularly described as: Street Address 230 River Reach Drive Zip 28584 Subdivision Name River Reach Plat Reference: Lot 20 , Block or Section 1 as shown on Plat Book or Slide n/a at Page(s) n/a (Property acquired by Seller in Deed Book 21 at Page 219 ). NOTE: Prior to signing this Vacant Lot 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. PURCHASE PRICE: The purchase price is $ 112, 000.00 and snail be paid as follows: (a) $ 3,000.00 , EARNEST MONEY DEPOSIT with this offer by Ocash ® personal check Elbankcheck El certified check El other: n/a to be deposited and held in escrow by Realty world Swanboro Properties (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) this offer is not accepted; or (2) any of the conditions hereto are not satisfied, then all earnest monies shall be returned to Buyer. In the event of breach of this contract by Seller, upon Buyer's request, all earnest monies shall be returned 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 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 broker is required by state law to retain said earnest money in the broker's trust or escrow account until a written release from the parties consenting to its disposition has been obtained or until disbursement is ordered by a court of competent jurisdiction. (b) $ 0.00 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) $ 0.00 , 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. (d) $ 0.00 , BY SELLER FINANCING in accordance with the attached Seller Financing Addendum (e) $ 109, 000.00 , BALANCE of the purchase price in cash at Closing. 3. CONDITIONS: (State N/A in each blank that is not a condition to this contract) (a) Buyer must be able to obtain a El Conventional O Other: n/a loan at a ❑ Fixed Rate ❑ Adjustable Rate in the principal amount of n/a for a term of 113 This form jointly approved by: North Carolina Bar Association, North Carolina Association of REALTORSO, Inc. PREPARED BY AGENT: Tim Baker, Owner r Ton* Standard Form 12-T, Vacant Lot Offer to Purchase and Contract. North Carolina Association of REALTORSO ® 7/2003 ReaIFAST® Software, 02004, Version 6.15. Software Registered to: Office Manager, Timothy H. Baker, Broker Buyers) r•%� ( 10/30/04 19:54:03 0 Pa n/a year(s), at iitial interest rate not to exceed n/a °" er annum, with mortgage loan discount points not to exceed n/a % of ti.., loan amount. Buyer shall apply for said ban N. ..in n/a days of the Effective Date of this contract Buyer shall use Buyer's best efforts to secure the tender's customary loan commitment letter on or before n/a and to satisfy all terms and conditions of the loan commitment letter by Closing. After the above letter date, Seller 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. (b) There must be no restriction, easement, zoning or other governmental regulation that would prevent the reasonable use of the Property for residential purposes ("Intended Use"). (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 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 gobera otherwise stated herein, and must be fee simple marketable and insurable title, free of all encumbrances except: ad valore ax a current year (prorated through the date of Closing); utility easements and unviolated restrictive covenants that do no ial t the value of the Property; and such other encumbrances as may be assumed or specifically approved by Buyer. The have legal access to a public right of way. 4. SPECIAL ASSESSMENTS: Seller warrants that there are no pending or confirmed g r emmental 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: none (Insert "None" or the identification of such assessments, if any.) 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, if any, unless otherwise agreed as follows: any pending paid by seller 5. 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 Closing; (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' association dues, if any, are $ 250.00 per Year 6. CLOSING EXPENSES: Buyer shall be responsible for all costs with respect to any loan obtained by Buyer. Buyer shall pay for 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. If Seller is to pay any of Buyer's expenses associated with the purchase of the Property, the amount thereof shall be $ 0.00 , excluding any portion disapproved by Buyer's lender. 7. 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 attorney presently or previously representing Seller 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. S. LABOR AND MATERIAL: Seller shall furnish at Closing an affidavit and indemnification agreement it form satisfactory 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. 9. 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 transfer of title on or before November 19, 2004 , at a place designated by Buyer. The deed is to be made to Fletcher B Baker Jr. and Bettie Jeannie Baker CLOSING SHALL CONSTITUTE ACCEPTANCE OF THE PROPERTY IN ITS THEN EXISTING CONDITION UNLESS PROVISION IS OTHERWISE MADE IN WRITING. 10. POSSESSION: Unless otherwise provided herein, possession shall be delivered at Closing. No alterations, excavations, tree This form jointly approved by: North Carolina Bar Association, North Carolina Association of REALTORSO, Inc. PREPARED BY AGENT: Tim Baker, Owner Standard Form 12-T, Vacant Lot Offer to Purchase and Contract. North Carolina Association of REALTORS® © 7/2003 RealFA$T® Software, 0®2004, Version 6.15. Software Registered to: Office Manager, Timothy H. Baker, Broker Buyer(s) ,(" ` �^ 10/30/04 19:54:03 removal or other such activities may be do7 -fore possession is delivered. 11. SEWER SYSTEM (check only ONL,. ❑ 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 n/a that this condition cannot be satisfied, tune being of the essence. ❑ This contract is contingent upon Bu er obtaining an Improvement Permit itten evaluation from the County Health Department ("County") for a (check only ONE conventional or El other n/a "" ground absorption sewage system for a n/a bedroom home. All d enses of obtaining such Permit or written evaluation shall be borne by Buyer, except Seller, by no later than n/a4 ,shall be responsible for clearing that portion of the Property required by the County to perform its tests and/or inspections. B er s�l�ay Buyer's best efforts to obtain such Permit or written evaluation. If the ground absorption sewage system is not allowed, Buyer tnrm nate this contract and the Earnest Money Deposit shall be refunded to Buyer. Buyer waives this condition unless Buyer provides written notice to Seller by n/a that this condition cannot be satisfied, time being of the essence. ® Buyer has investigated and approved the availability, costs and expenses to connect to a ® public or ❑ community sewer system. 12. 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 07, 2004 that this condition cannot be satisfied, time being of the essence. 13. 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 the Property, and performing the tests and inspections permitted in Sections 11, 12 and 13 of this contract. If Buyer terminates this contract as provided herein, Buyer shall, at Buyer's expense, restore the Property to substantially its pre -entry condition within thirty days of contract termination. Buyer will indemnify 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. 14. OTHER PROVISIONS AND CONDITIONS: (ITEMIZE ALL ADDENDA TO THIS CONTRACT AND ATTACH HERETO.) 1. All parties acknowledge the buyer's agent is related to buyer. 2. This offer is contingent upon buyer, at buyer's expense, obtaining a permit for a dock. 15. RISK OF LOSS: The risk of loss or damage by fire or other casualty prior to Closing shall be upon Seller. 16. 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. 17. PARTIES: This contract shall be binding upon and shall inure to the benefit of the parties, ie., 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. 18. 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 patties hereto until fully observed, kept or performed. 19. ENTIRE AGREEMENT: This contract contains the entire agreement 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 writing and signed by all parties. Nothing contained herein shall alter any agreement between a REALTORS or broker and Seller or Buyer as contained in any listing agreement, buyer agency agreement, or any other agency agreement between them. 20. 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. This offer shall become a binding contract (the "Effective Date") when signed by both Buyer and Seller and such This form jointly approved try: North Carolina Bar Association, North Carolina Association of REALTORSO, Inc. PREPARED BY AGENT: rim Baker, Owner Standard Form 12-T, Vacant Lot Offer to Purchase and Contract. North Carolina Association of REALTORSO ® 7/2003 Rea1FA$T® Software, 02004, Version 6.15. Software Registered to: Office Manager, Timothy H. Baker, Broker Buyer(s) 10/30/0419:54:03 `g L44 as � • signing is communicated to the offering This contract is executed under seal in si, d multiple originals, all of which together constitute one and the same instrument, a signed original being retained by each p and each REALTORO or broker hereto, and the parties adopt the word "SEAL" beside their signatures below. Buyer acknowledges having 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 REAL ESTATE ATTORNEY BEFORE YOU SIGN IT. BUYER i . Fletcher B Baker Jr L BUYER W n I - Bettie Jeannie Baker Ronald 1 Joan DATE I — XQ- —C4 (SEAL) DATE IV - - a( (SEAL) DATE _ f ( SEAL) DATE ! G` � (SEAL) Escrow Agent acknowledges receipt of the earnest money and agrees to hold and disburse the same in accordance with the terms hereof. Date Firm: Realty World Swansboro Properties By:_ (Signature) Selling Agent/Firm/Phone Timothy H Baker Broker Acting as ® Buyer's Agent 0 Seller's (sub)Agent El Dual Agent Listing Agent/Firm/Phone David M Pearson, Realty World SNanboro Properties Acting as ® Sellees (sub)Agent 0 Dual Agent This form jointly approved by: North Carolina Bar Association, North Carolina Association of REALTORSO, Inc. PREPARED BY AGENT: Tim Baker, Owner Standard Form 12-T, Vacant Lot Offer to Purchase and Contract. North Carolina Association of REALTORSO 0712003 RealFA$T(g) Software, 02004, Version 6.15. Software Registered to: Office Manager, Timothy H. Baker, Broker 10/30/04 19:54:03 Page 4 of 4 Morehead City District Office 151-B Hwy 24 Hestron Plaza II Morehead City, NC 28557 Phone: 252.808.2808 FAX: 252.247.3330 it To: TIM BAKER From: Roy Brownlow, Compliance Coordinator Fax: 910-577-3382 Pages: 1, including cover Phone: Date: 11 /16/2004 Re: CAMA PERMIT FOR DOCK/LIFT CC: TIM: Upon review of the documents you sent for your proposed dock and boat lift, I need the additional important information on the sketch plan: 1. Show length of shoreline on the sketch. 2. The T-head platform as shown (16' x 16'=256 ft2) exceeds the allowable area based on shoreline length of 61'. You are allowed 4 sq It per linear foot of shoreline, or in this case, a maximum of 244 W. 3. Show distance to adjacent property lines from edge of platform and edge of boatlift pilings. 4. Show where the approximate normal high water mark (NHW) is located. 5. Show dimensions of boat lift (12' x 12'?) 6. Show width of marsh fringe. 7. Indicate water depth at normal low tide. 8. Show the direction North with a simple arrow. 9. Label the name of the waterbody (White Oak River?) 10. Dimension the width and length of the pier — show how far it extends into the water from the NHW mark and how far landward from the NHW it goes. 11. Put your name, the property address (230 River Reach Dr), your phone number, & mailing address on the drawing 12. Also, the Onslow County tax records show that a Mr. Ronald Kohler owns the property. If he is still the current owner, then you need to get a permission letter to obtain the permit to construct a dock on his property. If you own the property, you need to demonstrate that by submitting a copy of the deed since the tax records do not reflect your ownership yet. 13. fax (252-247-3330) the updated drawing back tome for review before we set appointment to meet. (Z1� �p