HomeMy WebLinkAbout84-017_Jones & Strange-Boston_19840403 (3)_ NAGS HEAD R EPU _ 8 4.01 7 Local Governmen Permit Number APR 4'84 C At NLIJ EC MINOR DEVELOP PERMIT 7 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 JONES & STRANGE-BOSTON authorizing development in AN OCEAN HAZARD AEC , at LOTS 89, 90 AND 91, BODIE ISLAND BEACH SUBDIVISION as requested in the permittee's application dated MAC 19' 1984 This permit, issued on APRIL 3, 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. r. Triis permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuingQ67, date. From the date of an appeal, any work conducted under this Local Permit officer (signature) permit must cease until the appeal is resolved. M. EDwARD t tARRELL This permit must be on the project site and accessible, to the TOWN OF NAGS HEAD permit officer when the project is inspected for compliance. name Any maintenance work or project modifications not covered P. o BOX: 99 under this permit require further written permit approval. ' NAGS HEAD, N. C. Z7959 All work must cease when this permit expires on address In is 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 Permitee (signature required if special conditions above apply to permit) the written approval of the Office of Coastal Management. ~QENERAL INFORMATION 1. LAND OWNER V90VED MAR 2 2'84 OC&I - EC , Name 3I otJ C:5 S "r ii N C-E 0 3 r "r✓ • Address City Pie-AAkt c-J D StateVA - Zip y3� i9 Phone 2. AUTHORIZED AGENT Name C f-I A AL1-1L l% 9 �J !E L.S Address City State Zip Phone 3. LOCATION/DESCRIPTION OF PROJECT UP L ay a a u rO E e l.% 9 lr y S 1z ce— 13r—Ae.14 S06aiUi510r./ 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' 4 Residential Commerical/Industrial Other . 6. SIZE OF BUILDING IN SQUARE FEET: 7. SIZE OF SITE IN SQUARE FEET: 'r 44 � This application includes: general information (this This the 19 day of form), a site drawing as described on the back of this 19. 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- Applicant's signature (or authorized agent) tion as described by these sources are incorporated without reference in any permit which may be issued. Indicate below address and phone if not shown above. Deviation from these details will constitute a violation of any permit. Any person developing inanAECwithout 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: 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 3 0 5 page 8 5 in the n A i 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 wtitten contract, or lease, explain below or use a separate sheet attached to this application. S l' tr Go C_ o tQ Tr-tk c—T- A r T'A c: it t D NOTIFICATION OF ADJACENT PROPERTY OWNERS furthermore certify .that the following persons are owners of properties adjoining this property. 1 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) 3 e A R � t t.s fr : c•.: C o ct4�t=LrL Si+! Z- R N �lc.0 t �;+� �8 LuFr= � X. c.r �o i-/G� �/A. Z 3r� S /V•': (1) RO6eKi wCtjr!5eq 1jel X,1A1gc5,6 LF%. aRtAyu.,e,: j�rS, btllI!''O k--g147 (2) RodrE_fr- -►' 5CAt1Lor1 5Gr3 St_D4Eu:tC[G 4w1 . S//C/►+CFtCte7i f/,a. 22/SI (3) -r DAQiML_ V =c:! 7 PLaff5A►7_ �i�La 164Lr1AeQ r- or MV, (4) W,t 4_t4,ic A LEiTiu-�tL 2[S GGatiCccu =,T �O,[t5�trct,rN, ��iJ ?37Q % �, Ut W car i 15L(co ,Bzes"e,ar.i' s r . sit',Ox s/":" y09°.2— 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. 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. Tk This the i9 day ofIq�"_ 04:�2_' o Land owner or person authorized to act as his agent for purposes of filing a CAMA application. V ., OFFER TO PURCHASE AND CONTRACT . MEREDITH DEVELOPMENT CORPORATION ......................... CO4U�NA ..... .PARTNERSHIP. . . as Buyer. hereby agrees to purchase and ..................... ....... as Seller, hereby agrees to sell and convey all of that plot, piece or parcel of land described below, together with all improvements located thereon and such per- sonal property as is limed below (the real and personal property are collectively referred to as "the Property"), in accordance with the Standard Provisions on the REVERSE SIDE HEREOF and upon the following terms and conditions:" 1. REAL PROPERTY: Located in thee. To. m .of . Nags.. Head ................................................... County of .... Dare ........................... State of North Carolina. being known as and more particularly described as: S.R. 1243 Street Address..... .. .... .. .... .................................................... ... Legal Description ............ .90. and„91, Bodie„Island . �C Ch ..Nags . Head.> . NC........... 2. PERSONAL PROPERTY: ............................n/.a� ................ ....... ........................................... Zv% 2f n. �� ..� 4?- �.�t , o�s.e,.a 7 .. • 3. PURCHASE PRICE: Tice purchase price is $- ..... 000.00... N] .HUNDRED NINETY-FIVE THOUS all be paid as follows (a) $ _ C in earnest money paid b f hqf*...................... ... ............... . cash: bank .Y.-'••t � ( or personal check) with the delivery o • . •ntr ct, to be held in escrow by s t, until the sale is closed, at which time it �,4 credited to Buyer, or until this agreement is otherwise terminated and it is disbursed in accordance with the Standard * Provisions on the REVERSE SIDE HEP.EOF. S 9 __ by assumption of the unpaid principal balance and all obligations of Seller on the existing loan secured by a deed of tnm on the Property: (c) f n /a by a pro uisory note secured by a purchase tponey deed of trust oq the Property with interest p�ari'or to default at the rate Of n / a % per annum, payable by n a payments off n/ a commencing on 1• . Prepayment rights, if any, shall be: Q a Assumption or transfer rights, if any, shall be: n / a (d) $ �. the balance of the purchase price in cash at closing; f4. CONDITIONS: (State N/A in each blank of paragraph 4 (a) and 4 (b) that is not a condition to thiis �Connttrract)The Buyer must be able toobbtain a firm commitment effective through the date of closing for a ......JWI Ir 1 •� i"-., ,xo ?Ai. n in the n'ncipal amount of � .. for a tern of ..-r&M..'j .... year(s), at an interest rate not to exceed �1�2 .. c .. % prior to , f y ... i Y. . dr`% -31 f3............ Buyer agrees to use his best efforts to secure such commitment and to advise Seller immediately upon ' his receipt of thf lender's decision. Mortgage loan discount points not to exceed .........>L�.. L................. % of the loan shall be paid by %F $- , and loan closing cost shall be paid by... �P J. (b) The Buyer mum be able to assume the unpaid principal balance of the existing loan described in paragraph 3(b) above for the re- rnainder of the loan term, at an interest rate not to exceed .... �.�,tl�% % fixed or .. n1a . ........ �)............... ..... If such assumption requires the lenders approval, approval mum be granted prior to ...... ;VA.! Buyer agrees to advise Seller immediately upon his receipt of the lenders decision. In addition tp any reasonable transfer fee (see STANDARD PROVISION No. 2)• mortgage loan na assumption and/or discount points not to exceed S ........... .. ................. shall be paid as follows:.. II a. .. ............... .......................................... .. . ........... ........ (c There must be no regrictio alei7rent zoning or othergovernmental regulation that would prevent the reasonable use of the real property for ... �ny use permitter` y' R-2 zoning in the Town of Nags•Head•• ,. ..... ... .............. ... .................... purposes. S. ASSESSMENTS. Seller warrants that there are no encumbrances or special assessments, either pending or confumed, for sidewalk, paving, water. or other pro.cmenuonoradjoining the Property. except asfollows: water service„feg„ef apPTPY-.t�teix„ ..... scwc �1=410%unit all be Buyer's responsibility,, ; (insert "none" or the identification of any such assessments, if any; the agreement for payment or proration of any assessments indicated is to be set forth in paragraph 6 below.) 6. OTHER PROVISIONS AND CONDITIONS: (a) All of the Standard Provisions on the REVERSE SIDE HEREOF are understood and shall apply to this instrument, except the following numbered Standard Provisions shall be deleted: ...... 3 ; . f.. 7 t . 8 �.. 9, 10 , , 11, and„ 14 .............................................. (If none are to be'deleted, state "None" in this blank) (b) Buyer must be able to .obtain all necessary permits to 'construct two oceanfront duplexes (4 units-3 bedrooms each). (c) This contract shall be contingent upon Buyer obtaining satisfactory ac uis' V and construction loan financing .to build said project. etermined at time of e! _[1W6 CO)71Vf :P iS Ccv7il) } �prt -11.0 /,u-/ex chime/.�t��i �t C���n�� tmbsl fl Jli 4 6t 6r � Cj J1:� O rn o) Wv_ I �I C SCC�C/4>�i'r�r�'4f� /Exe; At an .rrl s Y hf3f�-�O L77.CLUOS ��%.. e Bono �-v Q ll EEC yG� , cge Q � � S ii'S Gcrin F.G�j An 01 /W7 Cc� S'fi'� onal space is n ,the bottom a revere sr of this page may I G: AU panicsagm to execute any and all documents and papers necessary in connection with closing and transfer oftitle on or before ..3Mareh 1984 ,ataplacedesignatedby ..Se1Ler.�s..attorney . ...... ...... ... be made to ..... MEREAITII.DEVELOPMENT.CORPORA.TION..and/or ..its. Assigns. 8. POSSESSION: Possession shall be delivered ... S t time of ..1 o s ing , , . , . , , , , , , , . , . , , , , : in the event that Buyer his agreed that possession is not delivered at closing, then Seiler agrees to pay to Buyer the sum of ......... nl. a .................................. per day to and including the date that possession is to be delivered as above set forth. 9. COUNTERPARTS: This Offer shall become a bind'bindiy contra +hen signed by both Buyer and Seller and is executed in .................... . our (4 ........... .... � . • •%� .ounterparts with an executed ��� bet retained by each patty hereto �.............. Date of Offer: �.. ... Date of Acceptance: ............................ a .t soynME DEV CO RATIO SEAL) ski � rr�OQUINA (SEAL) (SEA) ........ ....71;p........... s„y<T u seller (o aY Agrnt/Firm E. o ricFi n ke t Agent/FirE. Paul Breaux,, - /Sun Realty �2�50t7.cs�' i hereby acknowledge receipt of the earnest money heron set forth in accordance with the terms hereof. M. J.q.&,.4............................Ageitt/� Frm f By: R R. V— This Standard Form approved has been approved THE NORTH CAROLINA BAR ASSOCIATION Standard Form No. 5 REAITOR1) Jointly by: THE NORTH CAROLINA ASSOCIATION OF REALTORS®, INC. Revised 3182, .W V. M STAN DAR�DROVIS(ON 1. kARNEST MONEY: In the event this offer is noraccepted "'`'option of (a) completing them, (b) providing for their completion, or in the event that any of the conditions hereto are not satisfied, or ' or,(c) refusing to complete them. If Seller elects not to complete the in the event of a breach of this contract by Seller, then the earnest repairs, then Buyer shall have the option of (a) accepting the Prop - money shall be retumed to Buyer, but such return shall not affect erty in its present condition, or (b) terminating the contract, in any other remedies available to Buyer for such breach. In the event ;which case the earnest money shall be refunded. Closing shall con - this offer is accepted and Buyer breaches this contract, then the stitute acceptance of the electrical, plumbing, heating and cooling earnest money shall be forfeited, but such forfeiture shall not affect systems and built-in appliances in their existing condition. unless any other remedies available to Seller for such breach. provision is otherwise made in writing pursuant to this paragraph. 2. LOAN ASSUMED: In the event a loan is assumed as part of the payment of the purchase price, then all payments due from Seller thereon must be current at closing, and the principal balance assumed shall be computed as of the date of closing. The amounts shown for the assumption balance and cash at closing shall be ad- justed as appropriate at closing to reflect the final computations: Unless Buyer has otherwise specifically agreed in writing, the ex• isting loan must be assumable without acceleration of the amount ` secured or any change in the original terms of the note and deed of trust and without imposition of any charge, fee or cost to Buyer other than a reasonable transfer fee or similar charge not to exceed $175.00. The escrow account, if any, shall be purchased by Buyer. 3. PROMISSORY NOTE AND DEED OF TRUST: In the event a promissory note secured by a deed of trust is given by Buyer to Seller as pan of the payment of the purchase price, the prom- issory note and deed of trust shall be in the form of and contain the provisions of the promissory note and deed of trust forms approved by the N.C. Bar Association as Forms 4 and 5, as modified in paragraph 3(c) on the.reverse side. 4. PROBATIONS AND ADJUSTMENTS: Unless otherwise provided, the following items shall be prorated and adjusted be- tween the parties or paid at closing: (a) Ad valorem taxes on real property shall be prorated on a calendar year basis to the date of closing. . (b) Ad valorem taxes on personal property for the entire year shall be paid by Seller. (c) All late listing penalties, if any, shall be paid by Seller. (d) Rents, if any, for the Property shall be prorated to the date of closing. (e) Accrued, but unpaid, interest and other charges to Seller, if any, shall be computed to the date of closing and paid by Seller; in- terest and other charges prepaid by Seller shall be credited to Seller at closing and paid by Buyer. (Other charges may include FHA -n.,rtgage insurance premiumt. private mnngagr insurance premiums and Homeowners Association dues.) 5. FIRE OR OTHER CASUALTY: The risk of loss or damage by fire or other casualty prior to closing shall be upon Seller. 6. CONDITIONS: (a) The Property must be in substantially the same condition at closing as on the date of this offer, reasonable wear and tear excepted. (b) All deeds of trust, liens and other charges against the Property, not assumed by Buyer, must be paid and cancelled by Seller prior to or at closing. (c) Title must be delivered at closing by general warranty deed and must be fee simple marketable title, free of all encumbrances except ad valorem taxes for the current year (prorated to 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 subject Property must have legal access to a public right of way. (d) If a portion of the purchase price for the Property is being paid by assumption of an existing loan and if the lender requires its approval for the assumption, then the approval of the Lender, after diligent applicatinn therefor by Buyer, is a condition of this contra�t. 7. NEW LOAN: Buyer shall be responsible for all charges made to Buyer with respect to any new loan obtained by Buyer and Seller ,,Jiall have no obligation to pay any discount fee or other charge in connection therewith unless specifically set forth in this contract. 8. UTILITIES: Unless otherwise stated herein, the electrical. plumbing, heating and cooling systems and built-in appliances, if any, shall be in good working order at closing. Buyer has the option to have the same inspected by a reputable inspector or contractor at Buyers expense, but such inspections must be completed in suf- ficient time before closing so as to permit repairs, if any, to be com- plcted by closing. If any repairs are necessary. Seller shall have the (CONTINUATION OF OTHER CO! l �2 i7 AV I-1 cti� f_ c,)-- /c2 /i i,-r,�,n}-ly d v !l 1 J �1�,•,�s �'I� c�=�l��G.,-y [RECOMMENDATION: Buyer should have any inspections made prior to incurring expenses for closing.] 9. TERMITES, ETC.: Unless otherwise stated herein. Seller shall provide at Seller's expense a report from a licensed pest con- trol operator on a standard form in accordance with the regulations of the North Carolina Structural Pest Control Committee, stating that there was no visible evidence of wood•desttoying insects and that no visible damage therefrom was observed, or, if new construc- tion, a new construction termite bond. All extermination required shall be paid for by Seller and completed prior to closing, unless otherwise agreed upon in writing by the parties. if any structural repairs are necessary. Seller shall have the option of (a) paying for them, or (b) refusing to pay for them. If Seller elects not to pay for such structural repairs. then Buyer shall have the option of (a) accepting the Property in its present condition, or (b) terminating the contract, in which latter case the earnest money shall be refunded. The inspection and report described in this paragriph may not reveal either structural damage or damage caused by agents or organisms other than termites and wood -destroying insects. 10. LABOR OR MATERIAL: Seller shall furnish at closing an affidavit and indemnification agreement in form satisfactory to Buyer showing that all labor or materials, if any, furnished to the Property within 120 days prior to the date of closing have been paid and agreeing to indemnify Buyer against all loss from any cause or claim arising therefrom. 11. FUEL OIL: Buyer agrees to purchase from Seller the fuel oil, if any, situated in a tank on the premises for the prevailing rate per gallon with the cost of measurement thereof, if any, being borne by Seller.' 12. CLOSING EXPENSES: Seller shall pay for the preparation of a deed and for the 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. 13. EVIDENCE OF TITLE: Seller agrees to exercise his efforts to deliver to Buyer as soon as reasonably possible after the accep- tance of this offer, copies of all title information in possession of or available to Seller, including but not limited to: title insurance policies, attomey's opinions on title, surveys, covenants• deeds, notes and deeds of trust and casements relating to the real and per- sonal property described above. 14. ASSIGNMENTS: This contract may not be assigned without the written agrccmenS of all parties, but if the same, is assigned by agreement, then :he same shall be binding on the Assignee and his heirs. 15. PARTIES: This contract shall be binding and shall inure to the benefit of the parties and their heirs; successors and assigns. The Provisions herein contained with respect to promissory notes and deeds of tnm shall be binding upon and shall inure to the benefit of all parties to the same as well as subsequent owners ofthe Property and the said notes and deeds of trust. As used herein, words in the singular include the plural and the masculine includes the feminine and neuter genders, as appropriate. 16. SURVIVAL: Any provision herein contained which by its nature and effect if required to be observed, kept or performed after the closing shall survive the closing and remain binding upon and for the benefit of the parties hereto until fully observed• kept or performed. 17. ENTIRE AGREEMENT: Buyer acknowledges that he has inspected the above -described property. This contract contains the entire agreement of the parties and there are no representations, inducements, or other provisions other than those expressed in writing. All changes, additions or deletions hereto must be in writing and signed by all parties. Nothing herein contained shall alter any agreement between a REALTOR and the Seller as con- tained in any listing contract or other agreement between them. DITIONS FROM REVERSE SIDE, IF APPLICABL l f LAMA L�rIC- G FI ATLANTIC /50• o ra� now 7�. D B Lh • I I vFG. L N �t 20 0 OCEAN _ IS• o ~�� /i 4/ � .SOo �� �. _ sir 75. U ' _ � rn O J - 3 v N _ � I ��GNNI�itlNwtl� 7 01 U4 l N CA O 0 7Z -0, 77 1 5OX CV) 7;�:A:sk cAN Z CAN t, Clq T Y A c (\ rit 'Box MA LLY l_V_j rc, Zoo'- p1 tiff � -j-, .- 10 y 1961 L. CGS HEAD 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 March 19, 1984, Jones and Strange -Boston, t' ,.:the applicants, proposed to erect a duplex on lot 89 and the northern one-half of lot 90, and a duplex on lot 91 and the southern one-half ..of lot 90, Bodie Island Beach subdivision 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 Telephone: 919-441-5508 For publication in The Coastland Times, March 22, 1984. Please use Nags Read logo and legal type. i -