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HomeMy WebLinkAbout84-0025_Fisher, Ronald J. & Stephanie L._19840319� , .... o .., � mit under CAMA is dart of the C.ornmISsioprs .. effort to meet the spirit ' intent of file - 1,77 I Ass esig Am It has been designed to be r Genera . e y straightforward, andrgquire no more time or effortzthati nece sary from'the applicant. Please go over is folder with the Local Permit Ufficer�for It locality in which:you plan to buildto be CetjSttat.you=under- fo mation,he_-o she -needs. stand what in, {p,UnderCAMA regua ions the minor permit �• _ i ` o be *ssued within days once a complete.=c= �.... � a p icationjs in hand Of en less time is needed i� the project is sirrip eThe process generally hakes about 18 daslou can help speed the approval process by, rpakmg certain that your a phcatign is complete and signed, that your �drawing-me ets the 3e ifieations given inside ;4. and ;tharyour appl cation fee is attached. Other permits are�sometimes required for development in the coastal area. While these �. �. �1e nottAMA�related we urgeyouu to check U U with,the LocalPermit Officer-to'determi .e-.' �. whccF of these you -may i.'A listinghis .. included onpage-2°of-the #older We appreciate your cooperation with the North_Carolina coastal management program and your willingness to build in a way which protects the resources of our beautiful and productive coast. ' -Coastal Resources Commission ,• Office of Coastal Management, — r« _ r� GENERAL INFORMATION 1. LAND OWNER R Name Ronald T �. and Stephanie L. )usher �iOxU� Address 6564 Stratton Place City Falls Church 2. AUTHORIZED AGENT Name—JasPnh V State VA Zip 22043 Phone 703-533-8393 Address_c/o Britt Real Estate, SR 272, Duck City Kitty Hawk State NC Zip 27949 Phone 919-261-42'17 3. LOCATION/DESCRIPTION OF PROJECT Lot 18, Snow Geese South Subdivision, Atlantic Township, harp ^aunt, _ NC'. 4. AREAS OF ENVIRONMENTAL CONCERN (AEC) CLASSIFICATION (To be filled in by Local Permit Officer prior to completing application.) X Ocean Hazard Estuarine Shoreline Other 5. PROPOSED USE v Residential Commerical/Industrial Other 6. SIZE OF BUILDING IN SQUARE FEET: 2000 square feet 7. SIZE OF SITE IN SQUARE FEET: 18,907 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 1 St day of March 19_8A_. .5 -� C. k sePb C _ Britt Applicant's signature (or authorized 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: B R ITT REAL ESTATE .RECOVEE"D S.R. BOX 272 DUCK, KITTY HAWK, N.C. 279496 le i C 919 ] 261-3566n flCEeI EC r � � TO t�ltUvp SIGNED___ DATE SUBJECT._..._A�F-`a_.--_---__._..________ p LoT i U� �5'." G sE �C JOJ jI I ( Trz Z4,59 f ORM OL.1 0 DISTRIBUTED 6T ODILL CORPORATION • 100 S. SCNELTER ROAD • LINCOLNSHIRE. ILLINOIS 60069 AEC. HAZARD NOTICE YOUR PROJECT IS IN AN: OCEAN ERODIBLE AREA 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 _3 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 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 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. 2:2�9 9 , ( � (�) +_ ZQz � Date Applicant's Signature The applicant must acknowledge receipt of this information by signing 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 he local permit officer before the expiration date for a six month permit 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 for a 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 earlier setback 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 BATE ON YOUR PERMIT. IT IS UNLAWFUL TO CONTINUE WITHOUT THIS APPROVAL. FOR MORE INFORMATION, CONTACT: LOCAL PERMIT OFFICER: ADDRESS: LOCALITY: PHONE: aoezie //. WOW ODIC' or 60A5M (_ / %,14 6 61 6rvr /og 5, i f 7eIC fie; eAZ&7�q C11 /IBC 27909 46 ���, woxm &�6OVA & C 19 — 33<5 — /,55c3 5C/Rev. 6/83 BEFORE YOU BUILD... Setting Back for Safety: A Guide to Wise Development Along the Oceanfront When you build along the oceanfront you take a calcu- lated risk. Natural forces of water and wind collide with tons of force, even on calm days. There are no man-made structures guaranteed to survive the force of a hurricane. Long-term erosion (or barrier island migration) takes from two to ten feet of the beach each year and, sooner or later, will threaten oceanfront structures. These are the facts of life for oceanfront property owners. THE RULES When you build along the oceanfront, coastal manage- ment rules require that the structure be sited to fit safely into the beach environment. Specifically, a structure along the oceanfront must be: (1) behind the frontal dune; and, (2) landward of the crest of the primary dune; and (3) set back from the first line of stable vegetation a distance equal to 30 times the annual erosion rate or 60 feet, whichever is greater. The Coastal Resources Commission has adopted rules for building along the oceanfront. The rules are intended to avoid an unreasonable risk to life and property and to limit public and private losses from both storms and long-term erosion. These rules do not eliminate —but only lessen —the element of risk in oceanfront development. As you consider building along the oceanfront, the CRC wants you to understand the rules and the risks. With this knowledge you can make a more informed decision about where and how to build in the coastal area. THE REASONS The beachfront is an ever -changing landform. The beach and the dunes are nature's "shock absorbers", taking the beatings of the wind and waves and protecting the inland areas. By setting back 30 times the annual long-term erosion rate, you have a good chance of enjoying the full life of the PERMITTED STRUCTURE; ADEQUATE SETBACK I SETBACK I FIRST LINE OF It-_ STABLE NATURAL 30xANNUAL VEGETATION I AVERAGE _ IEROSION RATE %LW U. structure. At first glance, it seems very inviting to build your dream house as close to the beach as possible but in five years you could find the dream has become a night- mare as high tides and storms threaten your. investment. PRE -PERMIT STRUCTURE; INADEQUATE SETBACK PRE -STORM BEACH PROFILE __— POST -STORM BEACH PROFILE ONE YEAR AFTER STORM/BEACH REBUILDING After the storm, the house on the dune will be gone. The other has a much greater chance of surviva% THE EXCEPTION The Coastal Resources Commission recognized thatthese rules, passed in June of 1979, might prove a hardship for a small group of property owners. So there was an exemption established for lots which cannot meet the setback require- ments of 30 times the annual erosion rate. The exemption allows building in front of the setback line under certain conditions. These are: (1) the lot must have been platted as of June 1, 1979, and not capable of being enlarged by combining with adjoining land under the same ownership; and (2) development be as far back on the property as possible and in no case less than 60 feet landward of the vegetation line; and, (3) no development can take place on the frontal dune; and, (4) special construction standards on piling depth and square footage must be followed; and, (5) all other CAMA, State and local regulations must also be met. The exemption is not available in the Inlet Hazard Area's which are especially dynamic. In seeking this exemption the Local Permit Officer will make these measurements and observations: required setback from vegetation line max. allowable square footage on lowest floor exception setback (maximum feasible) lot area as calculated from vegetation line rear property line setback piling length necessary to extend 4 feet below MSL i Dare County/ (DNRCD) . Permit Number Local Government ` CAMA MINOR DEVELOPMENT - -Y- PERMIT 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." Ronald J. and Stephanie L. Fisher Issued to Lot 18, Atlantic Townshi p authorizing development in Snow Geese South Subdivision , at March 1, 1984 as requested in the permittee's application dated March 19, 1984 , is subject to compliance with the application and site drawing This permit, issued on (where consistent with the permit), all applicable regulations and special conditions and notes set forth below. Any violation of " civil action; or may cause the permit to be null and void. terms may subject permittee to a fine, imprisonment or ll shall be 1._ In order to avoid unreasonable•damgze damaer to ieeduedtorfluctuationsdinegroundtelevation and designed and placed so as to min 9 area wave action in a 100-year stormWindstoAny rmiResistivesConstruction,tructed " ofethe eNorth zCarolina shall comply with Appendix D, appendix are incon Residential Building Code, except that°wher} any provisions of that sistent with any of the following AEC standards, the more restrictive provisions shall control. 2. All structures in the ocean hazard area will be on pilings not less than eight inches in de if squ e diameter if round, or eight inches to a si 3.{ All pilings will have a tip penetration greater than eight feet below the lowest ground elevation under the structure. ' A11 foundations will be adequately designed to be stable during applicable fluctuations 4. vered cks and to in ground elevation and wave forces during a`i00-year be breakaawalewithoutestructural` designed to Y :walkways shall meet this standard or shall damage to the main structure. 5. S All pilings will be appropriately treated to resist decay, insects, and corrosion. (continued) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing Wood date. From the date of an appeal, any work conducted under this Local Pe it officer (signa permit must cease until the appeal is resolved. This permit must be on the project site and accessible to the Office of Coastal Management 9 permit officer when the project is inspected for compliance. 108 South Water Street name ` Any maintenance work or project modifications not covered Elizabeth City, N. C. 27909 under this permit require further written permit approval. All work must cease when this permit expires on address (919) 338-1558 September 19, 1984 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 Permitee (signature required if special conditions above apply to permit) the written approval of the Office of Coastal Management. CAMA Minor Development Permit Conditions Ronald J. and Stephanie L. Fisher Permit No. 84-0025 6. The lowest portion of the structural member of the lowest floor (excluding the pilings or columns) will be elevated to or above the 100-year-storm elevation. 7. All exposed structural connections will be adequately rustproofed or enclosed.` 8. All utility systems will be located and constructed so as to minimize or eliminate storm damage. 9. All walls below 100-year-base flood level will be designed and installed to: (A) allow storm waters to rise and flow freely under the structure, (B) not permit the break- away walls themselves to become water -borne debris, and (C) not cause the accumulation of.water-borne debris. Break -away walls will be intended to collapse under stress without jeopardizing the structural support of the structure. 10. No impermeable (such as asphalt or cement) surfaces will be allowed over any functional part of a complete septic tank system. 11. The permittee will sign and return the copy of the AEC Hazard Notice which is attached. --- VEGETATION UNE 0 MEAN HIGH WATER Of DUNE V� a T or DUNE NSURVEY TIE LINE h TQP Or OUNE b 11p5 TOE or oussc 0 ws O 0apt M 0 1. 3 t 0 8, Ocean Am" o Strip 1? 8 � 18 Jig, I in CY I =� w —I Dock 0 tit Proposed W Houee �/ in • Lxe lea � A.E. C. LINE M 1O cREL• se.�' Permit Required From „ CAM A m Piovw«! ' N I OtMe115-0 Z� Ito 1 • ' w N N 11° 30 cd ?3 �• ter• ro //�� 0. Existing Pips, O Rebor Set O Tslephons Pedestal W ` G I N: t"s40'FLOOD ZONE V date SURVEY ` foR "' r . 11 2-16-84 MICHAEL D. ARR hereby R Mr. a Mrs. RONALD FISHER 0 R certify that this Reap Is correct c and Mot thsis M DUCK DARE COUNTY NORTH CAFIOLINA dolare no encroachments" of ot1w buildings on a LOT 181 the sole lot. r►n SNOW GEESE SOUTH s s RECORDED IN M.B. 8, Pg. ST, D. C.R. triapgle engineering L - 1756 services, inc. Weigh. n.a. swasnboro. no. kill devll hiller n.c. FIE Excise Tax $82.00 Recording Time, "Book and Page Tax Lot No......... :... .... ... Parcel Identifier No. Verified by ..... ... County on the ................ day of ........ ........ ...... ............ 19............ by................................. t. .. .. .... Mail after recording to' .:.......... Norinan..W ....Sh'earl?h::.,T .�.�.::SHR tTN:.&.. iG'H>31;LL., ..... ................:. ......::......:::. ..,..:... Attorneys...at Lawn ,Itty H4w%.,:..Q.:.2.7.9.4..9 ......::. ....::::. .. ... ...... ..... This instrument was prepared by Starkey„ Sharp Brief description for the Index Lot 18, Snow Geese South NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED made this .:.26.th•.. day of ......::....January ............................. 19.84...:... by and between GRANTOR GRANTEE ROYAL R. ROSS, unmarried RONALD J. FISHER and wife STEPHANIE L. FISHER 6504 Statton Place Falls Church, VA 22043. Enter In appropriate block for each party: name, address, and, if appropriate, character of entity, e.q. corporation or partnership. The designation Grantor and Grantee 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 the Grantor, for a valuable consideration paid by the Grantee, the `receipt of which is hereby acknowledged, has and, by these presents does grant, bargain, sell and convey unto the Grantee- in fee simple, all that certain lot or parcel of land situated in the x:........Atlantic. Township, :.Dare.. ............................... County, North Carolina and more particularly described as follows; All that certain lot of land known as and designated and being Lot No 18 of the'subdivision known as Snow Geese South,'as shown on inap or plat thereof made by Donald E. Wood, Registered Surveyor, T.E.A.P., Inc., which said'map or plat is duly of,record in Map Book,8, page 57,. Public Registry of Dare County, -North Carolina. N.C. Bar Assoc. Form No. 3 a 1976. Revised 1971. The property hereinabove described was acquired by Grantor by instrument recorded in ......... ......... ......... ......... ......... ...........Book:. . UG P...R"If9t~ry ......... ......... ......... ........... .............. ..................:......... ...5.7........ , A map showing the above described property is recorded in Plat Book ........ ........ ..... page ....... . TO HAVE AND TO HOLD the aforesaid lot,or parcel of land and all privileges and appurtenances thereto belonging .to. the Grantee in fee simple. s And the Grantor covenants with the Grantee, that Grantor 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 Grantor 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 ia.subject to the following exceptions: , Subject to such easements and restrictions as may appear of record in the Dare County . Registry. t' IN WITNESS WHEREOF, the Grantor has hereunto set his hand and or I corporate, as soar this i u ent to be signed in its corporate name by its duly authorized officers and Its seal to be hereunto aft ed uthority o is oat I Director the day and year first above written. �. --- ----- ----- - -- ---Corporate Name) ----- - ---- a - - -- ROyal R. Ross-- ---------------- -(SEAL) t C By: ---------- - -------------- _ ------ --- --- - ---- -- - ____-__- -__ -_- __- (SEAL) _. iti. ------ --- ----- ------ --- - -- ------------- -- -----President M ATTEST: U H -------------------------------------------------------------(SEAL) ---------------------------------------------------------------- ----------------- --Secretary (Corporate Seal)�A Virginia .-------------------------------------------------------------(SEAT:). SEAL-STAMP-2O.xtsmouth _ ___ __F. City I, a Notary Public of the County and State aforesaid, certify that __________________________ __ ______ --RCL a1_a__Ros `.u=arriad x---------- � S•r--l--------r------------------*-------------------- Grantor, personally appeared before me this day and acknowledged the execution of the foregoing instrument. Witness MY 41 21st February D and official stamp or seal, this day of February -------- hand- --- - --� 19 M 7 September 1986 -Zc_�C ' Notary 'Public ycommission expires: ________ ___-____-__- -_- _-__ 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 ._____ _.......... _----------- ______________ a North Carolina corporation, and that by authorlty duly 4 given and as the act of the corporation, the fotegoing instrument was signed In Its name by its ... M President, sealed with Its corporate seal and attested by ----------- as Its ............. _--------- _--- Secretary. ►� ` Witness my hand and official stamp or seal, this ---- .--day of --------------- ------------ 18_-- My commission expires: _ -__ _ __ __ _ _ _ __ Notary Public ' The foregoing Certificate(s) of _____-_-_ _ _ -__ ____________ -_-__-----_ --------------__ 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., ----------- -_ __ __--_ _________ ____ _-REGISTER OF DEEDS FOR_ _-__-Dara-------____ ...-.COUNTY. By------- ------------ ---------------------------------------------Deputy/Assistant- Register of Deeds N.C. Bar Assoc. Form No. 3 0 1976. Revised 1977. ' POOLE PRINTING CO., INC. P.O. BOX 17370 RALEIGH. N.C. 27610 Printed by Arrwn.al aph the N.C. ao Aum-11111. 'ER TO PURCHASE AND CONTRACT r ...Ron, ,Fisher .................................... ............................... ................... as Buyer, hereby agrees to purchase and .... Royal, .Ross....................................................................................... as Seller, hereby a ees to sell and convey, all of that plot, piece or parcel of land described below, together with all improvements located thereon and such per• sonaj roperty as is listed below (the real and personal property are collectively referred to as "the Property"), in accordance with the Standard Provisions ofi the REVERSE SIDE HEREOF and upon the followin$ terms and conditions: 1. REAL PROPERTY: Located in the City of..... N/. .................................................................. . County of , , , T). $ r.P ........ . . .. . . . . .. . .. . .. . ...... . ................................. . State of North Carolina, being known as and more particularly described as: Street Address ............. :............................................................................................ Legal Description.Lo>r, s411th.A0dAV1V10;l,.At3, nship,..Dare.............. County.s..Noxth..Cax9lina................................... ................................. 2. PERSONAL PROPERTY:... none ...................... - •......................................... . •3. PURCHASE PRICE: The purchase price is .................... and shall be paid as follows: (a); 1a000.00 in earnest money paid by. Pexs,onal..che.ck........................................................ (cash; bank, certified, or personal check) with the delivery of this contract, to be held in escrow by Atlantic Realty as agent, until the sale is closed, at which time it will be credited to Buyer, or until this agreement is otherwise terminated and it is disbursed in accordance with the Standard Provisions on the REVERSE SIDE HEREOF. (b) S N/A by assumption of the unpaid principal balance and all obligations of Seller on the existing loan secured by a deed of trust on the Pro (c) $ 70, 000.00 by a ro no secured by a purchase money deed of trust on the Property with interest prior to default at the rate of % nnum,payableby_paymentsof;%DrDQQommrncingon5/15/,lepaymrntrights,if `.. . 7-• ptionortransferrights,ifany,shallbe: granted only with written cnncent frnm ,,/ •O RP_l 1 Pr (d) SA�A�e'�08' , the balance of the purchase price in cash at closing; 4. CONDITIONS: (State N/A in each blank of paragraph 4 (a) and 4 (b) that is not a condition to this contract) (a) The Buyer must be able to obtain a firm commitment effective through the date of closing for a . p exmanent . mortgage .............. loan in the principal amount of $ .15.40M.00. for a term of .. 3.0........... year(s), at an interest rate not to exceed .14 z .......... % prior to .. January 15,, ,19 $4 ............... Buyer agrees to use his best efforts to secure such commitment and to advise Seller immediately upon his receipt of the lenders decision. Mortgage loan discount points not to exceed ......three ...................... % of the loan shall be paid by , , ,buyer , , , , , , , , , , , , and loan closing cost shall be paid by... buyer ............ (b) The Buyer must be able to assume the unpaid principal balance of the existing loan described in paragraph 3(b) above for the re- mainder of the loan term, at an interest rate not to exceed ... R/A..... % fixed or ..... N/A .............................................. If such assumption requires the lender's approval, approval must be granted prior to ....... N/A ..................... Buyer agrees to advise Seller immediately upon his receipt of the lender a decision. In addition to any reasonable transfer fee (see STANDARD PROVISION No. 2), mortgage loan assumption and/or discount points not to exceed $ .......NJA .................... shall be paid as follows:..... N/A• ..................... ............................................................................................................................... (c) There must be no restrictions, easement, zoning or other governmental regulation that would prevent the reasonable use of the real property for ... xental.....:....:.................................................... purposes. 5. ASSESSMENTS. Seller warrants that there are no encumbrances or special assessments, either pending or confirmed, for sidewalk, paving, water, sewer or other improvements on or adjoining the Property. except as follows: 5.npW..C7r p Ae..$nutb.. pxopex t.y ..ownex s.:............ . ... aS.$9.ciatian.Auea.,..currently..set..at. $41).DO..per..year................................................. (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 CONDMONS: (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:.. none........................................................... ............................ (If none are to be deleted, state "None" in this blank) 1) buyer acknowledges receipt of a copy of the res- trictive covenants.for Snow Geese South; 2) Offer is contingent upon approval by Dare Health Department for septic system to serve four bedroom house; 3) Offer is further contingent upon buyer's successful negotiation and agreement to a construction contract for a hosue to be built on this lot; 4), This offer is to be considered null and void if not accepted by the seller on or before December , 1984. (If additional space is needed, the bottom of the reverse side of this page may be used) 7. CLOSING: All parties agree to execute any and all documents and papers necessary in connection with closing and transfer of title on or before ... January 15,, 1984............................ ataplace designated by..OR1.lee'.s..attorney.......................... Deed is to be made to .. ROn . F.i sb er........................................................................................... . 8. POSSESSION: Possession shall be delivered. , a t. c 1 o s in g. , , , .. • , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ; in the event that Buyer has agreed that possession is not delivered at closing, then Seller agrees to pay to Buyer the sum of .... NIA ........................................ per day to and including the date that possession is to be delivered as above set forth. 9. COUNTERPARTS: This Offer shall become a binding contract when signed by both Buyer and Seller and is executed in ..................... four ...............L.. ........................... counterparts with an executed counte art being retained by each party hereto. �ateof er:..NO.�IeTA,.1984.................. Da o tance:....,/7 ...................... ✓ ... \`fir✓ �... .. ............ (SEAL) ..(SEAL)BuyerSeller �..��� 9�-Nf(SEAL) .... (SEAL) `Buyer Seiler (Owner . • .. Barbara N. Britt/ Britt Real Estate Atlantic Realty Agent/Firm .. Agent/Firm . I hereby acknowledge receipt of the earnest money herein set forth in accordance with the terms hereof. �'t. }':.................. Date .............. ..... Agent/Firm. By. Standard approved has been approved 'THE NORTH CAROLINA BAR ASSOCIATION Standard Form No. 5 �• has REALTORQ Jointly by: THE NORTH CAROLINA ASSOCIATION OF REALTORSO, INC. Revised 3182 STANDARD PROVISIONS 1.�FARNEST MONEY: In the event this offer is not accepted, oriri the event that any of the conditions hereto are not satisfied, or ui the event of a breach of this contract by Seller, then the earnest money 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 the earnest money shall be forfeited, but such forfeiture shall not affect '.any other remedies available to Seller for such breach. 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 part 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 fortes approved by the N.C. Bar Association as Forms 4 and 5. as modified in paragraph 3(c) on the reverse side. 4. PRORATIONS 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 mortgage insurance premiums, private mortgage 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 application therefor by Buyer, is a condition of this contract. 7. NEW LOAN: Buyer shall be responsible for all charges made to Buyer with respect tq any new loan obtained by Buyer and Seller shall 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- pleted by closing. If any repairs are necessary, Seller shall have the option of (a) completing them, (b) providing for their completion, or (c) refusing to complete them. If Seller elects not to complete the repairs, then Buyer shall have the option of (a) accepting the Prop- erty in its present condition, or (b) terminating the contract, in which case the earnest money shall be refunded. Closing shall con- stitute acceptance of the electrical, plumbing, heating and cooling systems and built-in appliances in their existing condition unless provision is otherwise made in writing pursuant to this paragraph. [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 -destroying 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 paragraph 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, attorneys opinions on title, surveys, covenants, deeds, notes and deeds of trust and easements relating to the real and per- sonal property described above. 14. ASSIGNMENTS: This contract may not be assigned without the written agreement of all parties, but if the same is assigned by agreement, then the 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 trust shall be binding upon and shall, inure to the benefit of all parties to the same as well as subsequent owners of the 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 gender, 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. (CONTINUATION OF OTHER CONDITIONS FROM REVERSE SIDE, IF APPLICABLE) North Carolina Department Natural OFFICE OF of COASTAL MANAGEMENT Resources & Community Development DavidlM1LOwens Director James B. Hunt, Jr., Governor James A. Summers, Secretary Telephone 919733-2293 Field Services 108 South Water Street Elizabeth City, N. C. 27909 (919) 338-1558 March 6, 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 Thurs_. March 8-1 984 edition of your newspaper. If it will not be possible to include 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, l-S George H. Wood Field Consultant i Enclosure: Fisher Notice P.O. Box 27687 Raleigh. N.C. 27611-7687 — An Equal0 . - - - - pportunityAffirmativeActionEmplover NOTICE OF FILING OF APPLICATION FOR CAMA MINOR DEVELOPMENT PERMIT Pursuant to NCGS 113A-119(b), the North Carolina Department of Natural Resources and Community Development Office of Coastal.Management, the State agency authorized to issue CAMA minor development permits in Areas of Environmental Concern of unincorporated portions of Dare County, hereby gives Notice that on March 5 1984 , the applicant, Ronald Fisher proposed to construct an oceanfront single-family residential structure at Lot 18, Snow Geese South Subdivision, Atlantic Township 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 below. address. . KUkXXl�t���6X�XXlP�XJ9 Mr. George Wood Office of Coastal Management 108 South Water Street Elizabeth City, N. C. 27909 (919) 338-1558 COCA �� i3Hc2 CR �,•�� ff��, N cwass�s _ _- •� RZ . IVNIMA y • = 21050 7a sow �-.......�. ,� ,. gFx RECEIVED MAR 0 5 '84 CII 8 eal Sea Ridge Properti i1 &R.Box ra Duck, Kitty Hawk, N.C. rM9 919• it61.5566 March 2, 1984 Office of Coastal Management Department of Natural Resources and Community Development Attn: George Woods 108 South Water Street Elizabeth City, N.C. 27909 Dear Mr. Woods Enclosed is the completed CAMA permit for Lot 18, Snow Geese South Subdivision, Atlantic Township, Dare County, North Carolina, 27949. Enclosed also are: 1. A recent survey of the property depicting bound- aries, appropriate CAMA lines and building setbac'A lines. 2. A plat depicting the proposed location of the house -and septic system. 3. A copy of the deed of trust on Lot_18. 4. Copies of letters mailed to the adjacent property owners (Lots 17 and 19, Snow Geese South). 5. A check in the amount of $25.00 for permit applica- tion. Please process this application as expeditiously as possible. Approved permit can be mailed to the letterhead address and any questions can be addressed to the undersigned at 919- 261-3566 Sincerely, e C. Britt JCB:es Enclosures: '� � -�. , �'.;. ._.ter. •,...y t> � h M ::< .y. e., i,. ,x d.,,,. ., ;. y. �� t - t F n r l 1 i Z + �N n J f ' � e t t '+ t ,� �,�; ', . "' Y � n � Y .J -... _.-. _.. ���fj •LL IT - STATEMENT OF OWNERSHIP r A - a I, the undersigned, an applicant for a CAMA minor development permit, being either the owner of property in Z 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) X an owner of record title, Title is vested in (See attached deed) see Deed Book , page in the L� 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. Deed to be recorded on -or about March 1, 1984) 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) (1) Lucille S. Keyes, c/o Ke es ,Condan Elorance 1320 1gth Street ashin ton DC Y YY r r r r g ((Lot 19 - (2) Snow.Geese Dunes; Inc., SR 275, Kitty Hawk, NC 27949 (Lot 17) 20 03b (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 :st day of March 1984 Joseph C. Britt Land owner or person authorized to act as his agent for purposes of filing a CAMA application. ^1 Z O, SITE DRAWING /APPLICATION CHECKLIST T 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 X label roads See Site, Plan _^X label highway right of ways See Site Plan _ X label local setback lines See Site Plan and Survey N/A label any and all structures and driveways currently existing on property No structures on property PHYSICAL CHARACTERISTICS X draw and label mean high water mark (MHW) See Survey —X draw location of septic tank or filter field See Site. Plan If you will be working in an ocean hazard area: —X draw and label dune ridges (note height) See Survey. and Site Plan (approximately, 22 ft.) _ X draw and label toe of dune See Survey —X_ identify and locate first line of stable vegetation See Survey X draw and label setback line under CAMA See Survey _X. draw and label topographical features (optional) See Survey If you will be working in an estuarine shoreline area: N/A draw and label landward limit of AEC -Na describe terrain (slope) DEVELOPMENT PLANS X draw and label areas that will be disturbed See Site Plan X if house to be placed on lot, describe location of house See Site Plan —X_ note size of piling and depth to be placed in ground See Site Plan —_ draw and label all areas to be paved or graveled See -Site Plan y_ describe composition of surface See Site Plan - to be gravel or crushed rock —X— note and list fully all trees and vegetation to be removed or relocated See Site Plan _X_ show landscaping See Site Plan - no major landscaping planned 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 FEE RECEIVED 4'k- SITE INSPECTIONS Q DATE OF ACTION: ISSUED EXEMPTED DENIED APPEAL DEADLINE (20 days)