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HomeMy WebLinkAbout83-082_Oglesby, Jr., David & Arnhold, James M._19831220STATEMENT OF OWNERSHIP 4 I, the undersigned, an applicant for a CAMA minor development permit, being either the owner of property in an area of environmental concern or a person authorized to act as an agent for purposes of applying for a CAMA minor development permit, certify that the person listed as landowner on this application has a significant interest in the real property described therein. This interest can be described as follows: (check one) an owner of record title, Title is vested in see Deed Book , page in the County Registry of Deeds. an owner by virtue of inheritance. Applicant is an heir to the estate of ; probate was in County. _X_ if other interest, such as written contract or lease, explain below or use a separate sheet attached to this application. Contract to purcliase held by Applicant NOTIFICATION OF ADJACENT PROPERTY OWNERS R�CF�Pki I furthermore certify that the following persons are owners of properties adjoining this property. I affirm that I have given ACTUAL NOTICE to each of them concerning my intent to develop this property and to apply for a CAMA permit. (Name) (Address) , (1) Lot # 23 Leonard D. Frierman P.O. Box 2163, Va. Beach, Va. 23452 (2) Lot # 25 Wilson H. Wright Business Address, Budd's Plumbing. (3) Air/Conditioning and Heating Inc. (4) 2102 Min FOR DEVELOPERS IN OCEAN HAZARD AND ESTUARINE SHORELINE EROSION AREAS: acknowledge that the land owner is aware that the proposed development is planned for an area which may be susceptible to erosion and/or flooding. I acknowledge that the local permit officer has explained to me the particular hazard problems associated with this lot. This explanation was accompanied by recommendations concerning stabilization and flood -proofing techniques. PERMISSION TO ENTER ON LAND I furthermore certify that I am authorized to grant and do in fact grant permission to the local permit officer and his agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. This the 20 day of DeCember ,19_al Vao or person authorized to act as his agent s of filing a CAMA application. a r ri a z -i L1 rc L: r SITE 1 SITE {I +1 i1 1 1. DATE . I IS; i GENERAL INFORMATION 1. LANDOWNER Namepavid B Oglesby Jr &James M Arnhnl A Address6037 Providence Road, Virginia Beach, Virginia 23464 City Virginia Beach, State Virginia Zip 23464 Phone 420-7920 2. AUTHORIZED AGENT Name Address City State Zip Phone 3. LOCATION/DESCRIPTION OF PROJECT Lot 24�. Surf side Drive.,. (Chawanook) Nags Head Nor'ti Carolina Duplex 4. AREAS OF ENVIRONMENTAL CONCERN (AEC) CLASSIFICATION -(To be filled in by Local Permit Officer prior to completing application.) X Ocean Hazard X Estuarine Shoreline .Other .5. PROPOSED USE X Residential Commerical/Industrial Other Duplex 6. SIZE OF BUILDING IN SQUARE FEET: 2. 000 Approx 7. SIZE OF SITE IN SQUARE FEET: 23,000.00 Appx . - This application includes: general information (this This the 20th.day of December form), a site drawing as described on the back of this 83 application, the ownership statement; the AEC hazard notice where necessary, a check for $25.00 made payable to the locality, and any information as may be pro- vided orally by the applicant. The details of the applica- Appli 's signature (or authorized agent) tion as described by these sources are incorporated without reference in any permit which may be issued. Indic a below address and phone if not shown above. Deviation from these details will constitute a violation of any permit. Any person developing in an AEC without a CAMA permit is subject to civil, criminal and admini- strative action. OTHER PERMITS MAY BE REQUIRED... The activity which you are planning may require permits other than the CAMA minor permit you are applying for here. As a service we have compiled a listing of the kinds of permits which might be required. We suggest that you check over this list with your Local Permit Officer to determine which, if any, of these may apply to your project. This is not a requirement of CAMA, only a suggestion to help you complete your project as quickly as possible. zoning ... drinking water well ... septic tank (or other sanitary waste treatment system)... burning... electrical... plumbing... heating and air conditioning ... insulation and energy conservation ... FIA certification ... sand dune ... sediment control ... subdivision approval ..mobile home park approval. ..highway connection ... others: YOUR PROJECT IS IN AN: �! OCEAN ERODIBLE AREA AEC HAZARD NOTICE �' HIGH HAZARD FLOOD AREA INLET HAZARD AREA This notice is intended to make you, the appli- cant, aware of the special . risks and conditions associated with development in this area, which is subject to natural hazards such as storms, erosion or currents. The rules of the Coastal Resources Commission require that you receive an AEC hazard notice and acknowledge that notice in writing before any permit for development in this area can be issued. the annual ocean erosion rate for the area where your property is located is , feet per year. This figure was established by careful analysis of aerial photographs of the coastline taken over the past 30 to 40 years. Studies also indicate that the shoreline could move as much as 2.t feet landward in a major storm. The Commission's rules on building standards, The flood waters in a major storm are predicted oceanfront setbacks and dune alteration are to be about d `' "� feet deep in this area. designed to minimize, but not totally eliminate, property losses from the hazards. By granting Shoreline erosion control structures (excluding permits, the Coastal Resources Commission does beach nourishment and berm projects) are not not guarantee the safety of the development and allowed to be built to protect development built assumes no liability for future damage to the after June 1, 1979. Limited pushing up of beach development. sand is allowed to protect new structures when they are threatened, but bulkheads, groins, or The best available information, as accepted by jetties may not be used to protect buildings put in the Coastal Resources Commission, indicates that after June 1, 1979. December 20th. 1983 • Date Applicant's Signature The applicant must acknowledge receipt of this information gning this notice in the space above. Without the proper signature, the application will not be complete. SPECIAL NOTE: This hazard notice is required for development in'areas subject to sudden and .massive storms and erosion. Permits issued in this area expire in'six'(6) months. To continue your work past that date you must contact the local permit officer before the expiration date for a 'six month. per extension. This is granted if there'is no change in the project site or if you have made "substantial progress" on your -project. Normally a permit can be extended five (5) -times fora total project life of three (3)_years., If the site has changed and you have not made progress, the LPO will determine the new vegetation line and apply the earliersetback distance to show you the new;setback,for: your project.. IT IS IMPORTANT TO.UNDERSTAND_THAT,YOU.MUST RECEIVE OFFICIAL APPROVAL`TO, CONTINUE YOUR WORK AFTER THE EXPIRATION DATE ON YOUR ;PERMIT. IT IS: UNLAWFUL, TO CONTINUE WITHOUT THIS APPROVAL FOR MORE INFORMATION, CONTACT: LOCAL PERMIT OFFICER: J,� `--DtoAcD- 11RX ,C(=L L— ADDRESS: ' ' d 6 9 4/ LOCALITY: ;,J1,4 PHONE: SC/Rev. 6183 f ` I . Li �} h ; i v1. �� 1 1 � AD ki h c�IS 4kv r U i �� � , _._ _—__.___ ... _. ___ ----e-1--,._� _.._______-_� �_� o G ; E-_....,-----...�... __ r.... _--- __.._— fir'—•�i . __ ... . __ _...- _ ! # REAL ESTATE PURCHASE AGREEMENT 1 THIS AGREEMENT, made this day of 193%3- , by and between CHAWANOOK, a partnership, hereinafter referred to as "Seller" and ���,,�►, �, 1r b� :Ty of ! !1 3 1 i46Ali -c► 3c r lW ► t�C��cl,y� 2�y1� �� ,' hereinafter referred.to as "Purchaser", whether one or more. WITNESSETH: That in consideration of the mutual covenani ,to be performed between the parties hereto and the'sum of ve" 3 Fa Dollars ($ 1-16 , od(.5 ) , to : be duly paid by Purchaser to Seller, it is agreed between the parties as follows: 1. Seller hereby sells and. agrees to convey to Purchasei all that certain piece or parcel of land situate in the Town -of Nags Head, Dare County, N. C., known, numbered and designated as Lot -2-L4 , Subdivision of CHAWANOOK ef-�- , the plat of which is duly recorded in the Office of the Register of.Deeds of Dare County .N. C. Such conveyance shall be subject to those restrictions, reservations, easements and other matters of title duly of record. 2. Purchaser hereby purchases said premises from Seller .and agrees to pay Seller the aforesaid purchase price as follows: �— �o �.� �_� �� ►,Q. fix) DOLLARS ($ �, ��� ��) on delivery of this agreement, the receipt of which is•'her be y acknowledged by Seller, NSA DOLLARS ($ NI n ) , due N R , and the balance of �'S1� •� �i'1.r;. _ T-t,..,.. �n��) �a._ 11 t DOLLARS ($ ( �3,-r,t�t�) to accrue interest from 198, at the rate of per cent per annum on unpaid , principal balance, and being payable in equal monthly installments of $ ln()r7 each, all payments being first applied to interest and then to principal. The first of said monthly installments sha 1 be due on the 1 p day of �nM u n e v , 198 and a like installment in the same amount shall be due on the same date of each calendar month thereafter until the 10day of f`�,�Q a 198at which time, the then remaining balance, plus accrued interest, will be due in full. • This indebtedness shall be evidenc d by a Promissory Note of even date herewith, executed by Purchaser and further secured by this agreement and a deed of trust on the subject lot. Kxx�txx_ix��x xM�xxx��� x 1 O[ XXM$XXaL MMXX �/ Seller agrees to convey said property to Purchaser by General Warranty Deed free and clear. of all defects land liens, except as referenced herein,- duly of public record.* (b)xxix5?XXxxixX Mxopumxxxx3 Purchaser shall XhRX' execute a Nft.V=XJeDM deed of trust in favor of Seller or assigns to secure the remaining balance due on the promissory note made under the terms and conditions of this agreement. (c), All documents described in subparagraphs (a) and (b) above are to be prepared by Seller and.recorded at the expense of Purchaser. 3.. Should default be made in the payment of any part of this aforesaid debt, principal or interest, at the maturity of such part, and should such default continue for a period of 30 days from its inception,,Seller may at his option declare this agreement forfeited for non-payment X�X�XX71X�X�,$,XX�C i�XAI�I�+'iXK�XS$$kXX and proceed to foreclosure. Upon forfeiture, the following provisions shall govern: (a) Purchaser shall forfeit all rights in and to this subject lot and immediately deliver possession of same to Seller or his designated agent. (b) Seller may declare all payments made'on this - agreement forfeited to Seller as rental for the use and possession of the subject premises and as stipulated liquidated damages for for Buyer's failure to perform this agreement and may immediately declare fully due and payable the.remaining indebtedness of purchaser to.seller, all without prejudice to Seller's other legal remedies, if any'. (c) The failure of Seller to declare this agreement forfeited after default shall not be deemed a waiver of his right to do'so thereafter as to the same or subsequent defaults. (d). In the event that this agreement is recorded, Seller may file an appropriate document indicating Purchaser's forfeiture and such will be sufficient for -subsequent purchases to treat this contract as terminated and of no further effect. 4. Possession of said premises may be taken by Purchaser immediately and retained -for so long as no default is made by Purchaser in any of the terms or conditions hereof,' such possession being always subject to those restrictions with respect to the isubject lot and applicable ordinances, statutes, rules and r-egulati ns. 5. Said Purchaser shall promptly pay, when due, all taxe., and assessments'of every nature which shall become a lien on said premises after date hereof. Should Purchaser fail to pay any tax or assessment when due, Seller may pay said tax or assessment and the amount thus expended shall be a lien on said premises and shall be added to the balance then unpaid hereon and bear interest until paid at the aforesaid rate and shall be due and payable upon the maturing of the next monthly installment provided in this agreement, 6. Purchaser agrees not to assign or convey (other than y reason of his death) his interest or any part thereof without -2- *Property shall be conveyed to Purchaser subject to the lien of a dee of trust of Seller given to secure a part of the original purchase.pr. of the property, which indebtedness Seller covenants to pay in accord with the note secured thereby and which deed of trust will be release --- upori••payment by Purchaser of '$25; 000.00 'of the principal' bararrce -due from Purchaser to Seller on Purchaser's Promissory Note to Seller. ce nc the written consent of Seller so long'as the purchase price remain unpaid. •In the event of breach of this covenant by Purchaser, the unpaid balance of the purchase price, plus accrued interest, shall become immediately due and payable, the same to'constitute liquidated damages for the said breach. 7. Purchaser shall not commit, or suffer any other pers to commit, any waste or damage to said premises or the appurtenanc and shall keep the said premises and all improvements thereon in a good conditions as they are now. All buildings, trees, or other improvements now on said premises, or hereinafter made or placed thereon shall be a part of the security for the performance of thi agreement and may not be removed therefrom without the prior writt consent of Seller. 8. It is agreed and understood between the parties that all risk of loss'or damages to.the subject lot, and the consequence thereof, shall hereafter be upon Purchaser and Seller shall not be responsible or answerable to Purchaser for the impact upon the subject lot of any governmentally imposed rules, regulations, ordinances, statutes or otherwise. 9. Purchaser agrees that all fees imposed by any - governmental authority for building permits, connection' fees, etc. shall be the responsibility of the Purchaser. 10. Purchaser agrees to*keep surface drainage areas open while dwellings are under construction and, in no manner, to'impaii or obstruct access to the balance of the Seller's property. 11. It is expressly understood and agreed by the parties hereto that time is of the essence of this agreement and that all -stipulations and agreements herein contained shall apply to -bind the heirs, executors, administrators, successors and assigns of the parties hereto. 12. Purchaser specifically warrants: (a) That he has physically inspected -the lot herein - above described; (b) That the Seller has provided him with a bonafide copy of the recorded subdivision plat with his lot clearly, delineated thereoh; (c) That he has read and that he understands and agree: to the Protective Restrictions and Covenants of record which place. certain restrictions on the use of said property 13. Seller and Purchaser agree that this agreement, including all instruments to which reference is made herein, is the only agreement between them and that no representations, oral or written, have been made or relied on which are not herein provided or set forth. 14. Where appropriate, the terms and conditions of this contract shall survive closing.. IN WITNESS WHEREOF, the parties hereto have executed this agreement in triplicate the day and year first above written. CHAW1tNgOK, &_J x- Partner tnership •r a ADDENDUM TO REAL ESTATE PURCHASE AGREEMENT dated this,25th day of October, 1983, by and between CHAWANOOK, a partnership, hereinafter referred to as "Seller" and David B. Oglesby, Jr. and James M. Arnhold of 6037 Providence Road, Virginia Beach, Virginia 23464, hereinafter referred to as "Purchaser", whether one or more. Buyer and Seller agree that Buyer will, at his own time and expense, proceed immediately to obtain a -building permit necessary to build on contracted lot, if said building permit is not obtainable prior to 10 January, 1984, then Seller agrees to void real estate purchase agreement as per above and refund SEVEN THOUSAND DOLLAR ($7,000.00) down payment to Buyer in full. BUYERS: .DATE. December 8, 1983 NAME: David Oglesby Jr. Or James M. Arnhold .4DD:�ESS: 6037 Providence Rd. Virginia Beach, VA 23464 LOCATION: LQT 24 BLOCK SUBDIVISION Chawanook, South Nags Head Svi_---- VATER H i GH TABLE: H I GHES7 LC',.' ST : F00 �D: 5' rc::r:sentative of the Dare County Health Department has of this date inspected, ar.c ind that we see below issue an Improvement Permit (septic *ar,k and drain - field) for this site at this time. Installation of ground absorption se -.,:age disonsal system must conform with current rules and regulations of the State of North Carolina and the Dare County Health Department. This analysis is valid for -ne year from datc of issue. c _v0-„ENDAT I CN COM.MEN T S: _t .rill sup;or: a septic tank and _drainfiei mit be issued we would need a survey plat with the house pcsitioned cr, it to determine ;r all the setbacks requirements can be met. eva:-atian 4�czs nct c::nst;rote an unrestricted ouarantee that a s_ _ic sysze- 1•;ill be a:ito.matically approved et scin.e future date. At time of oppliCatiOn, PL-"iiC health r,.�gu-lations in effect at that timie will be applied. P. survey plat with pra- po;ad use of the property indicated will be required. in e%,erlt you disagree with these findings you may appeal tl:e:n by directing your comments and objections to the indings-to: Dare County Health Director P.C. Box 1000 NC 27JJ �- r TOWN OF NAGS HEAD NAGS HEAD, NORTH CAROLINA 27959 CAMA PERMIT NOTICE Pursuant to NCGS 113A-119(b), the Town of Nags Head, a locality authorized to issue CAMA permits in areas of environmental concern, hereby gives NOTICE that on December 20, 1983, David B. Oglesby, Jr. and James M. Arnhold, the applicants, proposed to erect a duplex at lot 24, Sursdie Drive, Chawanook subdivision in south Nags Head, in an ocean hazard AEC. Persons desiring to inspect the application, to comment thereon or' to appeal the local decision are directed to contact the local permit officer at the address below. M' Edward Harrell Receiving Minor Development Permits under CAMA Address: P. 0. Box 99 Nags Head, N. C. 27959 Phone: 919-441-5508 ---------------------------------------------------------------- For publication•in The Coastland Times, January ,, 1984. Please use legal print and Nags Head logo. Fags Head - 2 Local Go-ernment Permit • CAMA MINOR DEVELOPMENT PERMIT -Y- as authorized by the State of North Carolina, Department of Natural Resources and Community Development and the Coastal Resources Commission for develop- ment in an area of environmental concern pursuant to Section 113A-118 of the General Statutes, "Coastal Area Management." Issued to David B. Oglesby, Jr. and James M. Arnhold authorizing development in , an ocean hazard AEC lot 24, Chawanook subdivision at (Surfside Drive) as requested in the permittee's application dated December 20, 1983 This permit, issued on January 18 1984 , is subject to compliance with the application and site drawing (where consistent with the permit), all applicable regulations and special conditions and notes set forth below. Any violation of these terms may subject permittee to a fine, imprisonment or civil action; or may cause the permit to be null and void. Pilings must be placed four (4) feet below sea level. This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. From the date of an appeal, any work conducted under this permit must cease until the appeal is resolved. This permit must be on the project site and accessible to the permit officer when the project is inspected for compliance. Any maintenance work or project modifications not covered under this permit require further written permit approval. All work must cease when this permit expires on In issuing this permit it is agreed that this project is consis- tent with the local Land Use Plan and all applicable ordinances. This permit may not be transferred to another party without the written approval of the Office of Coastal Management. C&Jal� ad/V_Q,( J, Local Permit Officer (signature) M. Edward Harrell Town of Nags Head name P. 0. Box 99 Nags Head, N. C. 27959 address Permitee (signature required if special conditions above apply to permit) STATEMENT OF OWNERSHIP .F I, the undersigned, an applicant for a CAMA minor development permit, being either the owner of property in an area of environmental concern or a person authorized to act as an agent for purposes of applying for a CAMA minor development permit, certify that the person listed as landowner on this application has a significant interest in he real property described therein. This interest can be described as follows: (check one) an owner of record title, Title is vested in , see Deed Book page in -the A= County Registry of Deeds. an owner by virtue of inheritance. Applicant is an heir to the estate of ; probate was in County. if other interest, such as written contract or lease, explain below or use a separate sheet attached to this application. G c� 12 �� iu 4 C T-r47 C_ k4l 1c, j A r r&CN-C:.P NOTIFICATION OF ADJACENT PROPERTY OWNERS I furthermore certify that the following persons are owners of properties adjoining this property. I affirm that I have given -ACTUAL NOTICE to each of them concerning my intent to develop this property and to apply for a CAMA permit. (Name), (Address) I (1) 0//iV Z 4wc'45 i G,� �� .lax /JV Ngc.s .vCAo W!c . (2) - 7F,eoN7-S-<zir (3) (4) FOR DEVELOPERS IN OCEAN HAZARD AND ESTUARINE SHORELINE EROSION AREAS: acknowledge that the land owner is aware that the proposed development is planned for an area which may be susceptible to erosion and/or flooding. 1 acknowledge that the local permit officer has explained to me the particular hazard problems associated with this lot. This explanation was accompanied by recommendations concerning stabilization and flood -proofing techniques. PERMISSION TO ENTER ON LAND furthermore certify that I am authorized to grant and do in fact grant permission to the local permit officer and his agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. This the /6 day of D�-croi &Landier or person authorized to act as his agent ses of filing a CAMA application. r A z I.3