HomeMy WebLinkAbout32863_MANINCI, GUY_200210107'AMA / ElDREDGE & FILL._ "t 32863
GENERAL PERMIT Previous permit #
iiNew '-Modification I _Complete Reissue I .-Partial Reissue Date permit ermit issued
P
-ks 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 ' `# 12Gr
C Rules attached.
Applicant Name '%u I N'I t, ✓n At i Project Location: County "IPA a P O ' C ,
Address " 7C 13uy ! t, AVAStreet Address/ State Road/ Lot #(s)
City MPr -JA(F 0V A State ?4t ZIP 1)? 58 1 : `+'3
Phone # ( ) 1 3�1: t Fax # (`) Subdivision I&)A Y n WAgf ^ l
Authorized Agent 1� J C'L City ZIP_.
Affected D CW 1il EW ID PTA ❑ ES a PTS Phone # O River Basin r✓ Fi i r
AEC(s): ❑ OEA ❑ HHF ❑ IH ❑ UBA ❑ N/A Adj. Wtr. Body (`aU /man /unkn)
❑ PWS: ❑FC:
ORW: yes/ no PNA yes / .no Crit. Hab. yes / no
Closest Maj. Wtr. Body f)rtl Tr pI "r/L
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Agent or Applicant Printed Name
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Signature Please read compliance statement on back of permit*
Application Feels) Check #
Permit Officer's Signature
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Issuing Date
Expiration Date
g-mrr 12A
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
landowner(s) .
The State of North Carolina and the Division of Coastal Management, in issuing this permit under the best available
information and belief, certifythat this project is consistent with the North Carolina Coastal Management Program.
River Basin Rules Applicable To Your Project:
❑ Tar - Pamlico River Basin Buffer Rules El 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 / I-888-4RCOAST
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
151-13 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.nccoastaimanagement.net
Revised 10/05/01
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P O BOX 389 CDL 3578499
BEAU FORT, NC 28516 5 313
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If YES, enter delivery address below: 0 No
3. Service Type
❑ Certified Mail 0 Express Mail
Q Reggdered ❑ Return Receipt for Merchandise
11 Insured Mail ❑ C.O.D.
4. Restri4d Delivery? (Extra Fee) 11 Yes
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UNITED STATES POSTAL SERVICE
First -Class Mail '
Postage & Fees Paid
USPS
Permit No. G-10
• Sender: Please print your name, address, and ZIP+4 in this box •
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■ Complete items 1 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
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2. Article Number
(Transfer from se
PS Form 3811, August 2001
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D. Is delivery address different from item 1? 13 Yes
If YES, enter delivery address below; ❑ No
3. Service Type
❑ Certified Mail ❑ Express Mail
❑ Registered ❑ Return Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery? (Extra Fee) ❑ Yes
7002 0860 0008 3312 6459
Domestic Return Receipt
UNITED STATES POSTAL SE r_�
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OFFER TO PURCHASE AND CONTRACT
Guy and Diane Maniacs _, as Buyer,
hereby offers to purchase and Dave and Jan StaffQrr , 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 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 _ HayeloCk County of
Craven State of North Carolina, being known as and more particularly described as:
Street Address 526 Joyn�rive Legal Description: zip
Being all ofL0t 93 Waterways Edge as recorded in plat Cabinet G Slide 17 E&F
(X All IJ A portion of the property in Deed Reference: Book _LS-63 , Page No. ___A26Cfaven 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 inserts, electric garage door openers with controls, outdoor plants and trees (other than in movable
containers), basketball goals, storage sheds, mailboxes, wall and/or door mirrors, and any other items attached or affixed to the Property, EXCEPT
the following items: nla
3. PERSONAL PROPERTY: The following personal property is included in the pu
4. PURCHASE PRICE: The purchase price is $ �'3BBAA.OD _ 1 q� v and shall be paid as follows:
(a) $ 1000.00 EARNEST MONEY DEPOSIT with this offer by 1J cash Xl personal check L bank check LJ certified check
❑ other n/a to be deposited and held in escrow by EddyMyefs Real Estafe
("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) S &,HE
ADDITIONAL EARNEST MONEYDEPOSIT to be paid to Escrow Agent no later than Ala
TIMESSENCE WITH REGARD TO SAID DATE.
(c) Sn/a BY ASSUMPTION of the unpaid principal balance and all obligations of Seller on the existing loan(s) secured by a
dee erty in accordance with the attached Loan Assumption Addendum.
(d) $BY SELLER FINANCING in accordance with the attached Seller Financing Addendum.
(e)BALANCE of the purchase price in cash at Closing.
S. CONDITIONS: (State N/A in each blank that is not a condition to this contract.)
(a) Buyer must be able to obtain a LJ FHA L VA (attach FHANA Financing Addendum) LJ Convent Other: Lot Loan
loan at a X Fixed Rate ❑ Adjustable Rate in the principal amount of 70 s any financed VA Funding Fee
or FHA MIP) for a term of 10 year(s), at an initial interest rate not to exceed te
per annur' gage loan discount points not to
exceed N —% of the loan amount. Buyer shall apply for said loan within __ the Effec f this contract. Buyer shall use
Buyer's best efforts to secure the lerxier's customary loan commitment letter on or band to satisfy all terms and
conditions of the loan commitment letter by Closing. After the above letter date,ay request in writing from Buyer a copy of the loan
commitment letter. If Buyer fails to provide Seller a copy of the loan commitment letter or a written waiver of this loan condition within five days
of receipt of Seller's request, Seller may terminate this contract by written notice to Buyer at any time thereafter, provided Seller has not then
received a copy of the letter or the waiver. Buyer shall be responsible for all costs with 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: n/a
(b) There must be no restriction, easement, zoning or other governmental regulation that would prevent the reasonable use of the Property for
Residential
a purposes.
(c) The Prop
erty rty 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 othefcharges against the Property, not assumed by Buyer, must be paid and satisfied by Seller prior to or at Closing
suchthat cancellation may be promptly obtained following Closing. Seller shall remain obligated to obtain any such cance11ations following Closing.
(e)'fitle 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: Ma
(Insert "None"orthe identification of such assessments, ifany.) Sellershall 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: alb
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 250.00
per _ annum
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 forr:cording 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 TIME: Seller agrees to use his best efforts to deliver to Buyer as soon as reasonably possible after the Effective Date of this
contract,copies of all title information in possession of or available to Seller, including but not limited to: title insurance policies, attorneys opinions
on title, surveys, covenants, deeds, notes and deeds of trust and easements relating to the Property,
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.
® This form has beenjointly approved by the:
North Carolina Bar ociation STANDARD FORM 2
Page I of 2 REALTOR® North Carolina Associati rtl f nC "`.on,'°wn COPYRIGHTO 1999
tNafo""m&m'dbi'F0r7nUAWrOeF-m So%—✓J /0"W1027 Buyer tni�a Seller I is
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12 ;-PROPERTY DISCLOSURE AND INSPECTIONS:
(a) Property Disclosure:
❑ Buyer has received a signed copy of the N.C. Residential Property Disclosure Statement priorto the signing of this Offer to Purchase and Contract.
❑ Buyer has NOT received a signed copy of the N.C. Residential Property Disclosure Statement prior to the signing of this Offer to Purchase and
Contract and shall have the right to terminate or withdraw this contract without penalty prior to WHICHEVER OF THE FOLLOWING EVENTS
OCCURS FIRST: (1) the end of the third calendar day following receipt of the Disclosure Statement; (2) the end of the third calendar day
following the date the contract was made; or (3) Closing or occupancy by the Buyer in the case of a sale or exchange.
Exempt from N.C. Residential Property Disclosure Statement because (SEE GUIDELINES) Vacant Land
Q 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 Buyers expense, inspections to determine the condition of the Property. Unless otherwise stated herein, it is
a condition of this contract that: (i) the built-in appliances, electrical system, plumbing system, heating and cooling systems, roof coverings
(including flashing and gutters), doors and windows, exterior surfaces, stru} tural 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 perfor�ln9 the function for which intended and shall not be in need of immediate repair; (u) there shall be no unusual
drainage conditions or evidence of excessive moisture adversely affecting the structure(s); and (ii) there shall be no friable asbestos or existing
environmental contamination. Any in'>pections shall be completed and written notice of necessary repairs shall be given to Seller on or before
oPA . Scller shall provide written notice to Buyer of Seller's response within
� days of Buyer's notice. Buyer is advised
to have any inspections made prior toincurring expenses for Closing and in sufficient time to permit any required repairs to be completed by Closes (c) Wood Destroying Insects. Unlessotherwise stated herein, Buyershall 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 _ n/a 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 forby Seller and completed prior to Closing, unless otherwise agreed
upon in writing by the parties. The Buyer is adv' ed that the inspection report described in this paragraph may not alwa s reveal erth r structural
daagl ge or damage caused by agents oromanisms other than wood -destroying insects If new construction, Seiler 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, Seiler shalt have the option of completing them or
refusing to complete. them. If Seller elects not to complete the repairs, then Boyer 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 (ii), b (iir) 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 Buyeror 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 October 11, 2002
Buyer. The deed is to be made to at a place designated by
Guv fi
n f e Maniacf
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, ❑ a Seller Possession After Closing Agreement is attached.
16. OTHER PROVISIONS AND CONDITIONS: (ITEMIZE ALL ADDENDA TO THIS CONTRACT AND ATTACH HERETO.)
A. This offer 4 Contingent upon Buyer otalning at Buyers expense a suitable survey for boundary lines,
elevation and coastal and federal wetlands boundaries. B. This offer is Contingent upon Buyers obtaining a
CAMA permit for a dock that has water depths of S feet at MLW.
17. RISK OF LOSS: The risk of loss ordamage by fire or other casualty prior to Closing shall be upon Seller. If the improvements on the Property
are destroyed or materially damaged prior to Closing, Buyer may terminate this contract by written notice delivered to Seller or Seller's 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 ofthe 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 panics, 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, Le., 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 cffect is required to be observed, kept or performed after the Closing, it
shall survive the Closing and remain bind ing 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 bctwcen a REALTOR® 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 parry 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 REALTOR(& or broker hereto, and the parties adopt the word "SEAL" beside their
signatures below.
IF YOU DO NOT UNDERSTAND THIS OFFER TO PURCHASE AND CONTRACT OR FEEL THAT iT DOES NOT PROVIDE FOR YOUR
LEGAL NEEDS, YOU SHOULD CONSULT A NORTH CAROLINA 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.
Date: ugust 2S_2092 Date: $ ' 014 — a1000L
Buyer (SEAL) ) SellerS� (SEAL)
Guy MaftldCi p David Stafford
Date: StA 2W2 Date:
Buyer (SEAL) Se r
Diane Mantaci — (SEAL)
Jan St >5 rd
Escr wAgeat aticruw;e:lgr:s receipt r, the earnest r:rorty :,rd ae.:=; to h&ld and uisburse :Ire sar., in sa:.ce :vtth tSe
Date �tugud 26 200Y Firm:
By:
____EddyA1yers Rgpl Mate
Eddy Myers
Selling Agent/Firm/Phone SyWllson(�y�yersg��tate
Acting as Q Buyer's Agent X Seller's (sub)Agent I Dual Agent
Listing Agent/Firm/Phone _—,E-ddY-M"rs/Edd -A1 ers_R lEsfafe
~Actin as y —Y -
g ❑Seller's (sub)Agent ❑Dual Agent
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