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27813_FORTIER, MARK_20010419
CAMA and DREDGE AND FILL V)dl 27813 _`� G E N E R A L �i PERMIT as authorized by the State of North Carolina Department of Environment and Natural Resources and the Coastal Resources Commission in an area of environmental concern pursuant to 15 NCAC Applicant Name Address City Project Location (County, State Road, Water Body, etc.)_ t Type of Project Activity State Phone Number zip PROJECT DESCRIPTION SKETCH Pier (dock) Length Groin Length number Bulkhead Length max. distance offshore a ' m.— (SCALE: t• 3 Basin, channel dimensions I i E cubic yards Boat ramp dimensions f; other .r L L. This permit is subject to compliance with this application, site drawing and attached general and specific conditions. Any violation of these terms may subject the permittee to a fine, imprisonment or civil action; and may cause the permit to become null and void. This permit must be on the project site and accessible to the permit of- ficer when the project is inspected for compliance. The applicant certi- fies by signing this permit that 1) this project is consistent with the local land use plan and all local ordinances, and 2) a written statement has been obtained from adjacent riparian landowners certifying that they have no objections to the proposed work. In issuing this permit the State of North Carolina certifies that this project is consistent with the North Carolina Coastal Management Program. applicant's signature permit officer's signature issuing date expiration date attachments application fee LINDA RIKE REAL ESTATE INC 6827 1410 ARENDELL ST. 919-247-6922 REACTOR MOREHEAD CITY, NC 28557 . ' 66-85/531 PAY DATE V!1 l TO THE ORDER OF 1 is /10 DOL ARS 0 Centura Bank® M. Morehead Clty, NC 28557 (( r FOR n'Lc T L , 11'000068 2 711' 1:0 5 3 1r 850l:0 28 20 2 8 LINDA RIKE REAL ESTATE 1410 ARENDELL STREET MOREHEAD CITY,NC,28557 Phone:252-247-6922, Fax:252-247-6936 OFFER TO PURCHASE AND CONTRACT CHARLES ATKINSON MARK FORTIER as Buyer, hereby offers to purchase and BUNNY PRICE 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 an improvements located thereon and such fixtures and personal property as are listed below (collectively referred to as the "Property"), upon the following terms and conditions: 1. REAL PROPERTY: Located in the City of PINE KNOLL SHORES County of CARTERET State ofNorth Carolina, being known as and more particularly described as: Street Address 151 LOBLOLLY DR Zip 28512 Legal Description L21 BRR PINE KNOLL SHORE ( ® All ❑ A portion of the property in Deed Reference: Book 770 , Page No. 351 , CARTERET County.) NOTE: Prior to signing this Offer to Purchase and Contract, Buyer is advised to review Restrictive Covenants, if any, which may limit the use of the Property, and to read the Declaration of Restrictive Covenants, By -Laws, Articles of Incorporation, Rules and Regulations, and other governing documents of the owners' association and/or the subdivision, if applicable. 2. FIXTURES: The following items, if any, are included in the purchase price free of liens: any built-in appliances, light fixtures, ceiling fans, attached floor coverings, blinds, shades, drapery rods and curtain rods, brackets and all related hardware, window and door screens, storm windows, combination doors, awnings, antennas, satellite dishes and receivers, burglar/fire/smoke alarms, pool and spa equipment, solar energy systems, attached fireplace screens, gas logs, fireplace, insei s, electric garage door openers with controls, outdoor plants and trees (other than in movable containers), basketball goals, storage sheds, mailboxes, wall and/or door mirrors, and any other items attached or affixed to the Property, EXCEPT the following items: _ NONE 3. PERSONAL PROPERTY: The following personal property is included in the se price: RANGE DISHWASHER REFRIGERATOR a �i - C o D '�- d. PURCHASE PRICE: The purchase price is and shall be paid as follows: (a) $ 5000. 00 , EARNEST MONEY DEPOSIT with this offer by Elcash ® personal check ❑ bank check ❑ certified check 11 other: NA to be deposited and held in escrow by LINDA RIKE REAL ESTATE ("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, uponBuyer'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) $ NA ADDITIONAL EARNEST MONEY DEPOSIT to be paid to Escrow Agent no later than NA , TIME BEING OF THE ESSENCE WITH REGARD TO SAID DATE. (c) $ NA 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) $ NA , BY SELLER FINANCING in accordance with the attached Seller Financing Addendum. (e) $ BALANCE of the purchase price in cash at Closing. /) q 4,6 O "E�� /\ 5. CONDITIONS: (State N/A in each blank that is not a condition to this contract) of V (a) Buyer must be able to obtain a ❑ FHA ❑ VA (attach FHA/VA Financing Addendum) ® Conventional ❑ Other: n / a loan at a ❑ Fixed Rate ❑ Adjustable Rate in the principal amount of 220, 000 (plus any financed VA Funding Fee or FHA MIP) 113 This form has been jointly approved by the: North Carolina Bar Association, North Carolina Association at REALTORS@ Standard Form 2, Offer to Purchase and Contract R Tona Copyright©1999 RealFA$T® Forms, Box 4700, Frisco, CO 80443, Version 6.07, ©RealFA$T®, 2001; Reg# PNCNCA227788 �� r Corn eS1� ted by RIKE REAL ESTATE Buyer(s) ,04/08/01 13:14:26 � Page 1 Seller(s) for a term of 3 0 year(s), at an initial interest rate not to exceed 7 . % per annum, with mortgage loan discount points not to exceed 1 % of the loan amount Buyer shall apply for said loan within 3 days of the Effective Date of this contract, Buyer shall use Buyer's best efforts to secure the lender's customary loan commitment letter on or before Apr i 1 2 0 , 2 0 01 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 Seiler a copy of the loan commitment letter or a written waiver of this loan condition within five days of receipt of Seller's request, Seller may terminate this contract by written notice to Buyer at any time thereafter, provided Seller has not then received a copy of the letter or the waiver. Buyer shall be responsible for all costs with respect to any loan obtained by Buyer, except if Seller is to pay any of the Buyer's Closing costs (including loan discount points), those costs are as follows: NONE (b) There must be no restriction, easement, zoning or other governmental regulation that would prevent the reasonable use of the Property for RE S ID ENT T A T, purposes. (c) The Property must be in substantially the same or better condition at Closing as on the date of this offer, reasonable wear and tear excepted. (d) All deeds of trust, liens and other charges against 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 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: 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: NONE KNOWN (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: NONE 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 Closing; (b) Ad valorem taxes on personal property for the entire year shall be paid by the Seller unless the personal property is conveyed to the Buyer, in which case, the personal property taxes shall be prorated on a calendar year basis through the date of Closing; (c) All late listing penalties, if any, shall be paid by Seller; (d) Rents, if any, for the Property shall, be prorated through the date of Closing; (e) 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 S 4 5 per YR 8. 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 recording of all instruments required to secure the balance of the purchase price unpaid at Closing. 9. FUEL: Buyer agrees to purchase from Seller the fuel, if any, situated in any tank on the Property at the prevailing rate with the cost of measurement 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 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. 11. LABOR AND MATERIAL: Seller shall furnish at Closing an affidavit and indemnification agreement in form satisfactory to Buyer showing that all labor and materials, if any, 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. 12. PROPERTY DISCLOSURE AND INSPECTIONS: �) Property Disclosure: Buyer has received a signed copy of the N.C. Residential Property Disclosure Statement prior to the signing of this Offer to Purchase and Contract. El Buyer has NOT received a signed copy of the N.C. Residential Property Disclosure Statement prior to the signing of this Offer to Purchase and Contract and shall have the right to terminate or withdraw this contract without penalty prior to WHICHEVER OF THE FOLLOWING EVENTS OCCURS FIRST: (1) the end of the third calendar day following receipt of the Disclosure Statement; (2) the end of the third calendar day following the date the contract was made; or (3) Closing or occupancy by the Buyer in the case of a sale or exchange. El Exempt from N. C. Residential Property Disclosure Statement because (SEE GUIDELINES) n/ a El The Property is residential and was built prior to 1978 (Attach Lead -Based Paint or Lead -Based Paint Hazards Disclosure Addendum) (b) Property Inspection: Unless otherwise stated herein, or as otherwise provided on an inspection addendum attached hereto, Buyer shall have the option of inspecting or, obtaining at Buyer's expense, inspections to determine the condition of the Property. Unless otherwise stated herein, it is a condition of this contract that: (i) the built-in appliances, electrical system, plumbing system, heating and cooling systems, roof coverings (including flashing and gutters), doors and windows, exterior surfaces, structural components (including foundations, columns, chimneys, floors, walls, ceilings and roofs), porches and decks, fireplaces and flues, crawl space and attic ventilation systems (if any), water and sewer systems (public and private), shall be performing the function for which intended and shall not be in need of immediate repair; (h) there shall be no unusual drainage conditions or evidence of excessive moisture adversely affecting the structure(s); and (iii) there shall be no friable asbestos or existing environmental contamination. Any inspections shall be completed and written notice of necessary repairs shall be given to Seller on or before May 0 5, 2 0 01 This form has been jointly approved by the: North Carolina Bar Association, North Carolina Association of REALTORS@ Standard Form 2, Offer to Purchase and Contract Copyright ©1999 RealFA$T(@ Forms, Box 4700, Frisco, CO 80443, Version 6.07, ©RealFA$T®, 2001; Reg# PNCNCA227788 Completed b - LINDA RIKE REAL ESTATE Buyer(s) 04/08/01 13:14:26 Sellers) Page 2 of4 g°eller shall provide written notice to Buyer of Seller's response within 3 days of Buyers notice. Buyer is advised to have any inspections made prior to incurring expenses for Closing and in sufficient time to permit any required repairs to be completed by Closing. (e) Wood -Destroying Insects: Unless otherwise stated herein, Buyer shall have the option of obtaining, at Buyer's expense, a report from a licensed pest control operator on a standard form in accordance with the regulations of the North Carolina Structural Pest Control Committee, stating that as to all structures except NONE there was no visible evidence of wood -destroying insects and containing no indication of visible damage therefrom. The report must be obtained in sufficient time so as to permit treatment, if any, and repairs, if any, to be completed prior to Closing. All treatment required shall be paid for by Seller and completed prior to Closing, unless otherwise agreed upon in writing by the parties. The Buyer is advised that the inspection report described in this paragraph may not always reveal either structural damage or damage caused by agents or organisms other than wood -destroying insects. If new construction, Seller shall provide a standard warranty of termite soil treatment. (d) Repairs: Pursuant to any inspections in (b) and/or (c) above, if any repairs are necessary, Seller shall have the option of completing them or refusing to complete them. If Seller elects not to complete the repairs, then Buyer shall have the option of accepting the Property in its present condition or terminating this contract, in which case all earnest monies shall be refunded. Unless otherwise stated herein, or as otherwise provided on an inspection addendum attached hereto, any items not covered by (b) (i), b (n), 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 LISTED ABOVE IN ITS THEN EXISTING CONDITION UNLESS PROVISION IS OTHERWISE MADE IN WRITING 13. REASONABLE ACCESS: Seller will provide reasonable access to the Property (including working, existing utilities) through the earlier of Closing or possession by Buyer, to Buyer or Buyer's representatives for the purposes of appraisal, inspection, and/or 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 papers necessary in connection with Closing and transfer of title on or before May 3 0 , 2 001 at a place designated by Buyer. The deed is to be made to CHARLES ATKINSON MARK FORTIER 15. POSSESSION: Unless otherwise provided herein, possession shall be delivered at Closing. In the event possession is NOT to be delivered at Closing: ❑ a Buyer Possession Before Closing Agreement is attached. OR, El a Seller Possession After Closing Agreement is attached. 16. OTHER PROVISIONS AND CONDITIONS: (ITEMIZE ALL ADDENDA TO THIS CONTRACT AND ATT HERETO.) (A) THIS OFFER IS CONTINGENT UPON BUYER GETTING PERMITS FOR INSTALLING BOAT.; (B) THIS OFEER IS CONTINGENT UPON A LICENSED CONTRACTORS OPINION OF THE BULK HEA17 SERVING ITS FUNCTION FOR AT LEAST 12 MOS. 17. RISK OF LOSS: The risk of loss or damage by fire or other casualty prior to Closing shall be upon Seller. If the improvements on the Property are destroyed or materially damaged prior to Closing, Buyer may terminate this contract by written notice delivered to Seller or Sellers agent and all deposits shall be returned to Buyer. In the event Buyer does NOT elect to terminate this contract, Buyer shall be entitled to receive, in addition to 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 parties, but if assigned by agreement, then this contract shall be binding on the assignee and his heirs and successors. 19. PARTIES: This contract shall be binding upon and shall 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. 20. SURVIVAL: If any provision herein contained which by its nature and effect is required to be observed, kept or performed after the Closing, it shall survive the Closing and remain binding upon and for the benefit of the parties hereto until fully observed, kept or performed. 21. ENTIRE AGREEMENT: This contract contains the entire agreement of the parties and there 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 REALTORO or broker and Seller or Buyer as contained in any 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. This offer shall become a binding contract (the "Effective Date") when signed by both Buyer and Seller and such signing is communicated to the offering party. This contract is executed under seal in signed multiple originals, all of which together constitute one and the same instrument, with a signed original being retained by each party and each REALTORS or broker hereto, and the parties adopt the word "SEAL" beside their signatures below. IF YOU DO NOT UNDERSTAND THIS OFFER TO PURCHASE AND CONTRACT OR FEEL THAT IT DOES NOT PROVIDE FOR YOUR LEGAL NEEDS, YOU SHOULD CONSULT A NORTH CAROLINA REAL ESTATE ATTORNEY BEFORE YOU SIGN IT. Buyer acknowledges having made an on -site personal examination of the Property prior to the making of this offer. This form has been jointly approved by the: North Carolina Bar Association, North Carolina Association of REALTORSO Standard Form 2, Offer to Purchase and Contract Copyright ©1999 RealFA$T® Forms, Box 4700, Frisco, CO 80443, Version 6.07, ©RealFA$TO, 2001; Reg# PNCNCA227788 Complete - , LINDA R1KE REAL ESTATE Buyer(s) 04/08/01 13:14:26 Seller(s) Page 3 of 4 BUYER CHARLES 11,ATK J BUYER MARK FORTIER BUYER SELLER BUNNY PRICE SELLER ON Escrow Agent acknowledges receipt of the earnest Date 4-8-2001 Firm: LI. By: Selling A gent/Finn/P hone Listing Agent/Firm/Phone DATE 4 ZtI L- IF Z"aI (SEAL) DATE O/ (SEAL) DATE (SEAL) DATE DATE (SEAL) (SEAL) to hold and disburse the same in accordance with the terms hereof. Acting as U Buy�es Xgent 1,�! eller's (sub)Agent L Dual Agent LINDA RIKE REAASTATE Acting as ® Seller's ub)Agent Dual Agent This form has been jointly approved by the: North Carolina Bar Association, North Carolina Association of REALTORS@ Standard Form 2, Offer to Purchase and Contract Copyright ©1999 ReaIFA$T® Forms, Box 4700, Frisco, CO 80443, Version 6.07, ©RealFA$T®, 2001; Reg# PNCNCA227788 Completed by - , LINDA RIKE REAL ESTATE 04/08/01 13:14:26 Page 4 of 4 ADJACE:N-E RIPARIAN PROPERTY OWNER STATE-,M NT I hereby certl.ry that 1 owrr property adjol.ni_ng property located at p,n-p� t-. fIe has clescri.bad to ma as - shown below, the development he .Ls i,rr�hostng at that locati-on and I have no objectLons to his proposal_. Description and/or drawLnQ nr proposed development: (to be Eil_leci in by individual proposing development.) FINE 0 �+v �)vciG , f oll,11 F Sn s i.Qna lrr. e y12 cL Il54 III �' phnn� numh�r� - 1 fl(/VoL L ADJACENT RIPARI-AN PROPER'rX OWNER STATEMENT I hereby certiff that I owrt property adjoining l5� G IOL property loratect at_f[y1e� Ki4p (5' _l— --- I��PS N. C. tie has described to me as shown be.low, the development he is proposlrtg at that location and I have no objectLons to hi.s proposal. Description and/or drawing of proposed development: (to be Filled in by individual proposing deve.lopment.) P§VF LA //27— Sign'] _ pro --- nallle '1 ff/VOL. L 7� ���a-a