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HomeMy WebLinkAbout84-0042_Ozinga, John & Marian_19840426ECEIVFa APPLICATION --R30'84 FOR EC _ CAMA R v I Ns PMET 7 .. PERK I h 5 �t In`1974, N rLaoa�Girerlinr ss r bty passed,tal Area Mnagerit t anil set the s g for, guiding dev Ioo� in n ` the fragile'arc� p o uctive areas•w'�h bo the state' stun s;`soun` in`d+oceanfro toe Along with" u'nn ' s _* are by those � �' • .� &, ho build!- nc deve op, they!General Assembl trectedthe Coal ('Resours orumissi rat s "inple cle'rgtYla tonhich minimize the burden n-tie applicant. is appl►cat[tF "r rninotF� lop eft er- j[� t ` . , - t it under C n Bait of t i t in �s D"s �^ + ttorvto r e f the'spirtt anc intent,of;#he wr,�-, 1r- �l".. ..1 A • L.'1 :* 1c 1.: M,,.... -;I..�..r�.sil�..',�:.. v�r t _ .. Un�er_C-kMA r � u a ions the minor p ermit �61� issued with days once a complete a pltcatiot'" in han en less time is needed prect is si p a The process generally A I Wkes'about 18da` s ou can help speed the appro' process b r aking certain that your a pltcati& is comp and signed, that your f drawing'meets-the s ifications given inside andsthaiyou I cation fee is attached. Other permits s metimes required for . , evelo ment in t ' stal area. While these s° a nottA�rela ed, we urgeayou to check �tithe hoc �efmtt Officertrleterm►�_ .� . • . g— 1 'l a" 109 !hiclo'`incfuded n aeof�ttifalder �a -'- - -We appreciate your cooperation "W"Ih the..... `. ,. __.... North_Carolina coastal management program and your willingness to build in a_ way which `` = •�,_ - _ protects the res ources of our beautiful and ��.°� •�� productive coast rt —Coastal Resources Commission _ Office of Coastal Management i 4 r. R GENERAL INFORMATION 1. LANDOWNER Name 5-0�A PJ /%Alt'//ItU 6 Z/Al- C-A Address City y. ►��fliy�—� State %y Zip Z 7%V" Phone 7 Z 2. AUTHORIZED AGENT Name Address City State Zip Phone 3. LOCATION/DESCRIPTION OF PROJECT L o `r 63 P S /iL GA AM L,<n b lL, C owr-'rap 141x&U(7—'- 4. AREAS OF ENVIRONMENTAL CONCERN (AEC) CLASSIFICATION (To be filled in by Local Permit Officer prior to completing application.) Ocean Hazard — Estuarine Shoreline Other 5. PROPOSED USE X - Residential Commerical/Industrial Other 6. SIZE OF BUILDING IN SQUARE FEET: f 3.5"0 7. SIZE OF SITE IN SQUARE FEET: This application includes: general information (this form), a site drawing as described on the back of this 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- tion as described by these sources are incorporated without reference in any permit which may be issued. 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... This the Z day of A rx J , 19-0-q--- Alro p cant's signature (or h riz d agent) Indicate below address and phone if not shown above. 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: Dare Count ORCD) 84-0042 Lrc. -lovernment Permit Number CAMA MINOR DEVELOPMENT PERMIT as authorized by the State of North Carolina, Department of Nafural 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." John and Marian ozinga Issued to authorizing developpment in Col i ngton Harbour at Lot 63� Section3y Sir Chandler Url Ve as requested in the permittee's application dated This permit, issued on 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. This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing C date. From the date of an appeal, any work conducted under this permit must cease until the appeal is resolved. Local Permit Officer (signature) This permit must be on the project site and accessible to the George H. Wood permit officer when the project is inspected for compliance. Any maintenance work or project modifications not covered NRCD name under this permit require further written permit approval. 108 SOUTH WAYff ftRfEr-t. All wor mus cea w his permit expires on ELIZABETH CITY, N.C. �eceler 1, '8� 27909 address In issuing this permit it is agreed that this project is consis• (919) 338-1558 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. Permitee (signature required if special conditions above apply to permit) P 630 021 577 RECEIPT FOR CERTIFIED MAIL NOINSURANCE NOT FORINTERNATIONAL MAILED (See Reverse) Sent to th �.. Street a No.00 i a, P. ., S to nd ZI C e0�27 a $ j c7 Postage to # Certified Fee i Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to whom and Date Delivered N Return receipt showing to whom, rn Date, and Address of Delivery TOTAL Postage and Fees $ U. c PostmarlS E P 630 021 576 •e_ RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL See Reverse L Sen to l7 v Stree 3X State and S IfCc �i�tt a c� N Postage $ Certified Fee * Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to whom and Date Delivered 0 m Return receipt showing to whom, Date, and Address of Delivery TOTAL Postage and FeesCD $Q LL c Postmark or �° rn 8� Z a y ,� North Carolina Department of Natural CASTALMANAGEMENT Resources &Community Development David Owen Direct James B. Hunt, Jr., Governor James A. Summers, Secretary Te► phone 919733.2293 Field Services 108 South Water Street Elizabeth City, N: C. 27909 (919) 338-1558 May 4, 1984 The Coastland Times P. 0.Box 428 Manteo, North Carolina 27954 Gentlemen: , Please include the enclosed Notice(s),of Filing in the Public Notice section of the ay-q- 19P4 edition of your newspaper. If it will not be possible to these notices in that edition, or if you should have any questions about these notices, please call me as soon as possible at 338-1558. The State Office of Budget and Management requires an Affidavit ' of Publication prior to payment for newspaper advertising. Please send these affidavits, copies of the published notices, and the bill to Cathey Cottle, Office of Coastal Management, Department of Natural Resources and Community Development, P. 0. Box 27687, Raleigh, N. C. 27611-7687. Thank you. Cordially yours, r George H. Wood �� Field Consultan GHW/fob Enclosures: Public Notice - R. R. Turner John & Marian Ozin a 9 Robert T. Pyle_ P. O. Box 27687 Raleigh. N. C. 2761 1-7687 tz 1: Bldg. Inspectors THIS PERMIT DARE COUNTY HEALTH DEPARTMENT Copy GOOD FOR ONLY 9 `) IMPROVEMENT PERMIT (SEPTIC TANK SEWAGE DISPOSAL) NOT TRANSFERABLE - ,/ '," 180 DAYS DATE OF APPLICATION NEW: TH. - o - Bus. EXISTING: Tri. - House - Bus. LOT SIZE PROPERTYOWNER Zn1ij cyltJ' . ADDRESS IL,2. LOCATION t. s!r I'S 5t"C 0, TYPE OF TANK: Pt TCA9_%': SIZE OF TANK: t oat;, AMOUNTOFTILE too' WIDTH OF DITCH S�C ROCK UNDERTILE t. WATER; Private ABOVETILE „ City f SEWAGE CONTRACTOR Tfji �PERMIT ISSUED BY nitarian NOTE: This permit Is Issued subject to all provisions of the ordinance governing the In- stallation of septic tank systems. THE PERSON MAKING SAID INSTALLATION MUST NOTIFY THE HEALTH DEPARTMENT WHEN THE SEPTIC TANK SYSTEM IS READY FOR INSPECTION. If any septic tank system or part thereof is covered before being In. spected and approved, It shall be uncovered at the direction of the Health Officer at the expense of the one responsible for making Installation. sigk!!Ae of property own r aulhorized agent. (Jointly responsible) S.H. WATER TABLE QS SOIL STRUCTURE Suitable Unsuitable r�ovisionally Suitable SOIL TEXTURE Suitable Unsuitable rovisionally Suitable PERCULATION RATE �? RESTRICTIVE HORIZONS 4 SLOPE .a DISTANCE FROM SURFACE WATER DISTANCE FROM "SA" WATER ►` PLAT WITH SKETCH ATTACHED Maintain Minimum 10 Ft. from All Property Lines & Water Lines Maintain Minimum 100 Ft. from All Wells -40 /6 j-:S.) j on the records Dare CountyL `. Register �� deeds tA y: .IGeputy Rcbister of [7eeds SATISFACTION: The debt secured by the within Deed of Trust together w5h the note(s) secured thereby has been satisfied in full. This the _!_���%�ay of _.QtaG.E _ _______, Signed: __�Y�-L¢c51 _ _ _________________ Tax Lot No. __ rILi. FILLETT I. �. Recording: Time, Book and Page . ParcelIdentifier No. _________________________________________________ Verified by ------------------------------------------------ County on the ---------- day of--------------------------------------1 19-------- by Mau after recording to ____Starkey_ Sharp, _Attorney__at Law, _ Kitty__ Hawk,__NC___ 27949--------- ------- ---------------------------------------------------------------------------------------------------------------------------------------------- This instrument was prepared by ------ KE LLOGG ,__WHITE - AND -- EVANS - _ ATTORNEYS AT-- LAW ___________________________ -- - - - ---- - ------------ Brief description for the Index COLINGTON HARBOUR NORTH CAROLINA DEED OF TRUST THIS DEED of TRUST made this l lth day of December , 19 7 8 , by and between: GRANTOR JOHN G. OZINGA, JR. and wife, MARIAN J. OZINGA TRUSTEE STARKEY SHARP BENEFICIARY HUNTER W. TYLER, JR. and wife, ALICE C. TYLER Eater In appropriate block for each party: name, address, and, it appropriate, character of entity, e.g. corporation or partnership. The designation Grantor, Trustee, and Beneficiary as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, That whereas the Grantor is Indebted to the Beneficiary in the principal sum of __ FIVE -_THOUSAND _AND_ NO1100_ths -------------------------------------=------------------------- -5f000.00 )------------------------------------------- Dollars ($---------------, a-s-e-v-de--n-c-ed-by-a-promis-s-o-r-y--n-o-t-e--o-f--e-v-e-n ---d-a-te ---h-e-re-w---th--, -t-h-e--t-e-r-m--s--o-f- which are incorporated herein by reference. The final due date for payment of said promissory note, if not sooner paid, Is December 12,1983 NOW, THEREFORE, as security for said debt and a valuable consideration, receipt of which Is hereby acknowledged, the Grantor has bargained, sold, given, granted and conveyed and does by these presents bargain, sell, give, grant and convey to said Trustee, his heirs, or successors, and assigns, the parcel(s) of land situated in the City bix Atlantic--------------- Township, Dare ----------------------------- County, North Carolina, and more particularly described as follows: Being Lot No. 63, Section B, of the subdivision known as "Colington Harbour" as shonw on a map or plat thereof, made by Quible & Charlton, Registered Engineers and Certified Land Surveyors, No. L1157, dated June 26, 1968, and duly recorded in Map Book 3, page 64, Public Registry of Dare County, North Carolina. Same being the property conveyed to John G. Ozinga, Jr. et ux by deed of Hunter W. Tyler, Jr., et ux, dated November 20, 1978, and filed for record in the Public Registry of Dare County. N.C. Ilar Assoc, Form No. 5 0 1616, Itevised 1917. bUU'N 7 O HAVE AND TO HOLD said real property with all privileges and appurtenances thereunto belonging, to the said Trustee; his heirs, successors, and assigns forever, upon the trusts, terms and conditions, and for the uses hereinafter set forth. It the Grantor shall pay the note secured hereby in accordance with its terms, together with interest thereon, and any renewals or extensions thereof In whole or In part, and shall comply with all of the covenants, terms, and conditions of this deed of trust, then this conveyance shall be null and void and may be cancelled of record at the request of the Grantor. If, however, there shall be any default In any of the covenants, terms, or conditions of the note secured hereby, or any failure or neglect to comply with the covenants, terms, or conditions contained In this deed of trust, then and In any of such events, if the default is not made good within fifteen (15) days, the note shall, at the option of the Beneficiary, at once become due and payable without notice, and it shall be lawful for and the duty of the Trustee, upon request of the Beneficiary, to sell the land herein conveyed at public auction for cash, after having first given such notice of hearing as to commencement of foreclosure proceedings and obtained such findings or leave of court as may be then required by law and giving such notice and advertising the time and place of such sale in such manner as may be then provided by law, and upon such and any resales and upon compliance with the then law relating to foreclosure proceedings to convey title to the purchaser in fee simple. The proceeds of the Sale shall after the Trustee retains his commission be applied to the costs of sale the amount due on the note hereby secured and otherwise as required by the then existing law relating to foreclosures. The Trustees commission shall be five per cent of the gross proceeds of the sale or the minimum sum of s----- 25_0: 00, whichever is greater, for a completed foreclosure. In the event foreclosure is com- menced, but not completed, the Grantor shall pay all expenses incurred by Trustee and a partial commission computed on five per cent of the out- standing indebtedness or the above stated minimum sum, whichever is greater, in accordance with the following schedule, to wit: one-fourth thereof before the Trustee issues a notice of hearing on the right to foreclose; one-half thereof after issuance of said notice; three -fourths thereof after such hearing; and the greater of the full commission or minimum after the Initial sale. And the said Grantor does hereby covenant and agree with the Trustee as follows: 1. INSURANCE. Grantor shall keep all Improvements on said land, now or hereafter erected, constantly insured for the benefit of the Beneficlary. against loss by fire, windstorm and such other casualties and contingencies, in such manner and in such companies and for such amounts, not ex- ceeding that amount necessary to pay the sum secured by this deed of trust, and as may be satisfactory to the Beneficiary. Grantor shall purchase such insurance, pay all premiums therefor, and shall deliver to Beneficiary such policies along with evidence of premium payment as long as the note secured hereby remains unpaid. If Grantor fails to purchase such insurance, pay the premiums therefor or deliver said policies along with evi- dence of payment of premiums thereon, then Beneficiary, at his option, may purchase such insurance. Such amounts paid by Beneficiary shall be add- ed to the Note secured by this Deed of Trust, and shall be due and payable upon demand by Grantor to Beneficiary. 2. TAXES, ASSESSMENTS, CHARGES. Grantor shall pay all taxes, assessments and charges as may be lawfully levied against said premises within thirty (30) days after the same shall become due. In the event that Grantor falls to so pay all taxes, assessments and charges as herein re- quired, then Beneficiary, at his option, may pay the same and the amounts so paid shall be added to the Note secured by this Deed of Trust, and shall be due and payable upon demand by Grantor to Beneficiary. 3. PARTIAL RELEASE. Grantor shall not be entitled to the partial release of any of the above described property unless a specific provision providing therefor is included In this Deed of Trust. In the event a partial release provision is included in this Deed of Trust, Grantor must strictly comply with the terms thereof. Notwithstanding anything herein contained, Grantor shall not be entitled to any release of property unless Grantor Is not in default and is In full compliance with all of the terms and provisions of the Note, this Deed of Trust, and any other instrument that may be securing said Note. A. WASTE. The Grantor covenants that he will keep the premises herein conveyed in as good order, repair and condition as they are now, reason- able wear and tear excepted, and that he will not commit or permit any waste. 5. WARRANTIES. Grantor covenants with Trustee and Beneficiary that he is seized of the premises in fee simple, has the right to convey. the same in fee simple, that title is marketable and free and clear of all encumbrances, and that he will warrant and defend the title against the lawful claims of all persons whomsoever, except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: None 6. SUBSTITUTION OF TRUSTEE. Grantor and Trustee covenant and agree to and with Beneficiary that In case the said Trustee, or any success sor trustee, shall die, become incapable of acting, renounce his trust, or for other similar or dissimilar reason become unacceptable to the holder of the Note, then the holder of the Note may appoint, in writing, a trustee to take the place of the Trustee; and upon the probate and registration of the same, the trustee thus appointed shall succeed to all the rights, powers, and duties of the Trustee. 7. CIVIL ACTION. In the event that the Trustee is named as a party to any civil action as trustee in this Deed of Trust, the Trustee shall be entitled to employ an attorney at law, including himself if he is a licensed attorney, to represent him in said action and the reasonable attorneys fees of the Trustee in such action shall be paid by Beneficiary and charged to the Note and secured by this Deed of Trust. S. PRIOR LIENS. Default under the terms of any instrument secured by a lien to which this deed of trust is subordinate shall constitute default hereunder. IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate, has caused this instrument to be signed In its corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of its Board of Directors, the day and. year first above written. C� John G . Ozir Marian O; (Corporate Name) -------------------------------------------- By: --------------------------------------- ----------------------------------President ATTEST: __________________________Secretary (Corporate Seal) — Illl1llll1q,- `++ �r f••�EAL- �i NORTH CAROLINA- _---- Dare----- ---_--------County. J wi C,2:• %AOTAR y •; - I, a Notary Public of the County and State aforesaid, certify that ___________________________________________ • - John G. Ozin a, Jr. and wife, Marian &T. Ozinga x•-----------------------------g-------------------------------------------------------------------- Grantor, PUBLIC • ill personally appeared before me this day and acknowledged the execution of the foregoing Instrument. Witness my t'• •'•• �'`�� llth December 78 ,,,�0�� hM••.•••• �,+++` ] hand and official stamp or seal, this ______ day of _________ 1903 ____. 11 CDUNl 1 VVVVV� My commission expires:---------1— -�-8—--------- ���G'[]4.t-_V--- Notary Public SEAL -STAMP .NORTH CAROLINA------------------------------------ County. I, a Notary Public of the County and State aforesaid, certify that _________________________________________, personally came before me'this day and acknowledged that --__ he is --------------------------- Secretary of .51------------------------------------ _------------------- a North Carolina corporation, and that by authority duly u Mgiven and as the act of the corporation, the foregoing instrument was signed in its name by its _______________ ' d p President, sealed with its corporate seal and attested by ----------- as its ___________________________ Secretary. Witness my hand and official stamp or seal, this ------ day of ________________________, 19-__-_- illy commission expires:------------------------------------------------------------------- Notary Public The foregoing Certificate(s) of ---- 1 �i51.e_- 'r..�.a*. ^� �� e l�-•-- �,�1-- - � J--------- -------------------- - - �Nh.,s't'�= �--�Q--1 -s_ - ------------------------------------- --------------------- -------------------------------------------------------------------------------------------------------.--------------------------------------- is/are certified to be correct. This instrument and this certificate are duly registered at the date and time and in the Book and Page shown on the first page hereof. _____________ ____�-S.�Si��__� ��1_la____ __________REGISTER OF DEEDS FOR__________ ____ -_ __ _ -_-_COUNTY By -----_I� scS�.S. S__ - � =� y C -------Deputy/kssfetamb-Register of Deeds. N.C. Bar Assoc. Form No. 5 ® 1976, Revised 1977. DEC 20 1978 STATEMENT OF OWNERSHIP 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 D, page in the 1_24-ti Z County Registry of Deeds. V � 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. NOTIFICATION OF ADJACENT PROPERTY OWNERS 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) :j"oj, w e , ' i • ALAJ�m2r- NEUJ 1/4 (2) C'A,-Y Lv/L n fA. 1194- k ///sT[+N .-I) FL. � Z 73-0 (3) (4) FOR DEVELOPERS IN OCEAN HAZARD AND ESTUARINE SHORELINE EROSION AREAS: I 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 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��ay of Ly?P-r L , 19_2�L- n and owner or person authorized to act as his agent for purposes of filing a CAMA application. `:. SITE DRAWING /APPLICATION CHECKLIST Please make sure your site drawing includes the following information required for a CAMA minor development permit. The drawing may be simple and not necessarily to scale. The Local Permit Officer will help you, if requested. PHYSICAL DIMENSIONS label roads label highway right of ways label local setback lines label any and all structures and driveways currently existing on property PHYSICAL CHARACTERISTICS draw and label mean high water mark (MHW) draw location of septic tank or filter field If you will be working in an ocean hazard area: draw and label dune ridges (note height) draw and label toe of dune identify and locate first line of stable vegetation draw and label setback line under CAMA draw and label topographical features (optional) If you will be working in an estuarine shoreline area: draw and label landward limit of AEC describe terrain (slope) s DEVELOPMENTPLANS draw and label areas that will be disturbed if house to be placed on lot, describe location of house note size of piling and depth to be placed in ground draw and label all areas to be paved or graveled describe composition of surface note and list fully all trees and vegetation to be removed or relocated show landscaping NOTE TO APPLICANT Have you: • completed all blanks and/or indicated if not applicable? • notified and listed adjacent property owners? • included your site drawing? • signed both application and statement of ownership? • enclosed the $25.00 fee? • completed an AEC Hazard Notice,if necessary? FOR STAFF USE SITE NOTICE POSTED FINAL INSPECTION SITE INSPECTIONS 6,A- DATE OF ACTION: ISSUED EXEMPTED FEE RECEIVED DENIED APPEAL DEADLINE (20 days)