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HomeMy WebLinkAbout29-03_Adams, Richard & Claudia_20031106DCM/MHD Local Government MINOR DEVELOPMENT PERMIT as authorized by the State of North Carolina, Department of Environment and Natural Resources and the Coastal Resources Commission for development in an area of environmental concern pursuant to Section 113A-118 of the General Statutes, "Coastal Area Management." #29-03 Permit Number Issued to Richard & Claudia Adams , authorizing development in the Coastal Shoreline AEC County at 114 White Oak Bluff Drive, near Stella. Carteret as requested in the permittee's application, dated 10/23/03 This permit, issued on Nov. 6, 2003 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 authorizes shoreline stabilization consisting of rock, grading, and sod placement above the normal water level and coastal wetlands. Any other development will require additional permits or a modification of this permit. The following conditions shall apply: 1) All proposed development and associated construction must be done in accordance with the application dated 10/23/03, workplat drawing(s) dated 10/13/03, and proposed construction schedule stamped received 10/23/03. 2) All construction must conform to the North Carolina Building Code requirements and all other Local,State and Federal regulations. 3) Any change or changes in the plans for development, construction, or land use activities will require a re-evaluation and modification of this permit. 4) Prior to initiating any land -disturbing activities, adequate sedimentation/erosion control measures must be employed to prevent the movement of unconsolidated materials into the marsh or water. These measures will remain in place until such time as the area has been properly stabilized with a vegetated cover. See Page 2 for additional conditions: This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. From the date of an appeal, any work conducted under this per- mit m.st cease until the appeal is resolved. This permit must be on the project site and accessible to the permit officer when the project is inspected for compliance. Any maintenance work or project modifications not covered under this permit requires further written permit approval. All work must cease when this permit expires on December 31, 2006 In issuing this permit it is agreed that this project is consistent 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 Division of Coastal Management. Local Permit Officer (signature) Brad Shaver, Coastal Management Rep. ...... .,�.���.,.. .,� ...,a�. �� �.......b,..., ... name Hestron Plaza 11, 151—B Hwy 24 Morehead City, N.C. 28557 e e: QJZ3 808-2808address Permittee (signature required if special conditions above apply to permit) Richard & Claudia Adams Minor Permit #29-03 Page 2 of 2 5) Pursuant to 15 NCAC, Subchapter 7J.0406(b), this permit may not be assigned, transferred, sold or otherwise disposed of to a third -party by the applicant, agent, or any entity other than the NC Division of Coastal Management. 6) It is noted that coastal marsh exists on the property. This marsh area must be staked by a representative of DCM prior to construction of the rip rap wall. This staked alignment will be valid for 90 days. 7) The area proposed for grading within the 30' buffer from the normal high water contour/normal water contour must immediately be vegetatively stabilized, and must remain in a vegetated state. 8) A copy of this permit shall be available onsite for regulatory inspection. Now 6 -A 21 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary October 27, 2003 Mr. Floyd Messer Agent for: Richard and Claudia Adams P.O. Box 4656 Jacksonville, NC 28594 Dear Mr. Messer: The NC Division of Coastal Management hereby acknowledges receipt of -your client's application for State approval for minor development of property located 114 White Oak Bluffs located in or near Stella adjacent to the White Oak River in Carteret County. It was received complete on October 23, 2003 and appears to be adequate for processing at this time. The projected deadline for making a permit decision is November 6, 2003. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along the property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of- way fronting the property; or at a point along the road right-of-way where a private road would lead one into the property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be notified. Please contact me if you have any questions. Sincerely, Brad Shaver Coastal Management Representative bes Enclosure cc:Ted Tyndall, District Manager Richard and Claudia Adams, 203 Jupiter Court Jacksonville, NC 28546 151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557 Phone: 252-808-2808 \ FAX: 252-247-3330 \ Internet: http://dcm2.enr.state.nc.us An Equal Opportunity \ Affirmative Action Employer— 50% Recycled \ 10% Post Consumer Paper PROJECT: he Q 1 M f /A/t W _ A l f lw/rm um l t7,m,1I N , PhD J4m L. ! v-e 14. A l�- COMMENTS ACCEPTED THROUGH iyoyew be- S, Loo3 APPLICANT: AC4- mrf R�461A Aja olf Zo 3 .i uW; +e*- c4 . J-acL,jo; (k, Alt 29!ggb FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: DeM- MarhamJ ('fir `lo B.vcdAa✓Y . o cw, T.',e a ptt.rkh%, PGA ?.A try !s 1 B l4wy L y �Or�h[q� t .��►. �� ZOSsT Z52- Sob -Z 808 DWISION OF COASTAL MANAGEMENT NCDENR Norm Gaoun" oa.'%Arr,ar or F-wRO/ -Lur µ0 NRURJy RESOURCES 151-B HWY. 24, HESTRON BUILDING MOREHEAD CITY, NC 28557 TELEPHONE: (252) 808-2808 FAX: (252) 247-3330 TO: CA-972EVCT AIk7�JS OFFICE: / C Z- .4l�V1 �eT/si„/ SF�no f TELEPHONE #: f ] FAX #: f 1 7,6 -16 FROM: OFFICE: DIVISION OF COASTAL NfANA(-f%iFyT RE: DATE SENT: ,4 17 �03 TOTAL NUMBER OF PAGES INC imTNG OV R SHEET: --3 . PWA NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary October 27, 2003 Carteret News -Times Legal Advertisement Section P.O. Box 1679 Morehead City, NC 28557 Re: Public Notice — Richard and Claudia Adams Dear Sir: Please publish the attached Notice in the October 29, 2003 issue of the Carteret New -Times. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original invoice to Jaye Poole, NC Division of Coastal Management, 1638 Mail Service Center, Raleigh, North Carolina 27699-1638, Telephone (919) 733-2293. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Morehead City office (252) 808-2808. Sincerely, Brad E. Shaver Coastal Management Representative bes Enclosure cc:Ted Tyndall, District Manager 151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: http://dcm2.enr.state.nc.us An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper NOTICE OF FILING OF APPLICATION FOR CAMA MINOR DEVELOPMENT PERMIT Notice is hereby given that Richard and Claudia Adams have applied to the Department of Environment and Natural Resources for a Minor Development permit. The applicant is requesting to construct a rip -rap wall with grading to stabilize property at 114 White Oak Bluffs adjacent to the White Oak River Creek in Carteret County. Persons desiring to inspect the application, or to comment thereon, are directed to contact Brad Shaver, Coastal Management Representative, NC Division of Coastal Management, 151-B Hwy. 24, Hestron Plaza II, Morehead City, NC, Telephone (252) 808-2808, no later than November 5, 2003. Comments received prior to that date will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modifications may occur based on further review and comments. Notice of the permit decision in this matter will be provided upon written request. PLEASE PUBLISH ON: October 29, 2003 P. 01 TRANSACTION REPORT �c OCT-27-2003 MON 02:29 PM DATE START RECEIVER TX TIME PAGES TYPE NOTE M# DP OCT-27 02:29 PM 97266016 49" 3 SEND OK 942 �c *r Cama Permit Application Form -OCT2 3 2003 Page I of I XA-- AP- . ...... . . . We-appredam ym= coppemtmn with the,%",o.rtb C 'Ptog=.1-nd Cam'diia, mmswmmn�ia�t V.dmnSne&%IiabW1d-In.a wav UI&k protects. the I CoasUl IZ�QurcQ*COAIudssWII Mfti= Of C-OaStSF&Tanaj=Cnt w LAMA Permit Application Page 1 of 1 T.CwAlay FermitNundwr GENERAL INFORMATION LAND Name Addm OCi 2 3 2003 cif����� (1 I �� G_ state AUTHQRUM AGEMT _ flame —� Ad City ZsMLtg Bob Itg�f FIN LOCAMON OF PROJECT / Gl� fl,K,f/&.�f-s •C�f - /S !3/�c� A ScCfiaO J Pia A 4^3 ( 7D 3 V/ - 7696 Uf t`0=nrrm0s:gate-bOdYnatural Qr.mm=dfP. N•4�-�.�r:A�-�. DESCRIPTION OF PROJECT ? :K f f4e 1� u.� �C �.e c..X �� o h. W Are Gftiv-ew oY i= -.L#g lo� 1 cue AREAS OF WV1f10MMEWAL. MCEFtN (AEC) CLASSIFICATION {3 mbe Med in by tkaeLucg re twa C3E erp¢ z t ootr► 3e€ a � ii tiun Hazard . , Esnwine shomline MI W' shoreline __ Oar PRO EDI E �+I1°irustxiat tti�er SIQUARE FOOTAGE OF. $ .I. 1NG FO0TPRLNT AND OTFER.IMPERVIEl!T: S OR II'Lit r;I= t nw-A-CES dxh�e ays, etc %Njt# i5 h i cif jb_e share lne (575 .feet df an. l'4?��hnrclrnc /1� a SQLARF- :FOOTAGE OF TOTAL FLOOR AREA OF IBUMDING 4SQLDIME. FOOTAGE, OF SITEm�� 75�3 [ 011ML PERIMITS MAY FEE REQUIRED. Tl3c =fivity you.:playingmy rrqu= g itslher thm aie �`sNLk.mirror de-1v4dP ca.twaTdL As. a. service w-ba—vc. Waipilcd a Ei� gof-ztm Windsof== is that ever. thelistwith }aurL.P.oIto &ole it anyo h= apptrto your: cCL.. Tank- (orOth= spit R trm==t system), 13um ng- EWMrica4 Ff=binq, Heating and Air Enezw C=stn-A=, FLU at an .Sand I unc, Stdimcn�trgl; Sufvi.��rt�.�sp�+��rn r/ Lama Permit Application Form SlAnOMNI QF �ytZ7C'titlflCt'SI�t4t:�. al8i: �}l«iC�ill�t}T.3{I�'k�+�:itti of roperty in an AEC-Orapea; ut n ti :c: an agent puirp 5e� €a api ist for CA 'k minor development perruik =tiff?. that the pemxllst � kndc e4 04this Mpl eatipa a sigai1=ant•intrrest: in the real pna�rt.� t�stxil>ed titexetn. � inteces-t.c�at-hC ti�ti�d.as::�cli�iC one} an :ca>uner nr recta i ts'tio; iia le i cst dirt:/ ►�v Al. 3ai!>A+)G �.. n�u' ► 54;* DeCA Bonk an.Qw= hyviu'teme ofinher t=;= Applt=t.1r an heir ta.the estate of j3[K� At"WAS In. Coun fotherr" lexes4sueit a'4wxzttC GDntsct ar leach cxpl in bcIaw cr rase a scrod shoe t and aunc:h to this app€titian. NOTIFICATION OF ADJACENT,PROPEMY OWNERS liurthurmcuecatify.. dot ash .c��an�rsc� �a ' alis�Zxnpert , Ia fires d7latI lza: [ti�en C1 t IvTt i I ii�. �s sxi t3ir�xt �a3xtteet7atx►g m� aztteaat to cfe[a i prope *y and to appk-tor a:CrAMA-pmuit. (ame) LA �lcires4) ,B/�A FOR DEVELOPERS IN OCEMI HAZARD: AND ESTUARINE HAZflPMAREAS; Iaa+�riectethal#klaradnvzs.a�are:tt posieuelcrputSs=pl:f+araorea�vlt;iimar f . a� hbl . x It a�r3 itr ffc rx -t . i a grr tl> # tk a tic .pcxihWo€ c=—has expo to me the , �ticularlra:a 3pta iemsas �Y' withil%is%E,.Thisc�cphna.' �,:asaccompar�iedb3,Taa�E�datioirs oanretn�sag>stauiatiaut floodpr-unfi tb:tedrxa quM PERMISSION Tip-IiaTER ON LAND �ie;lt7r;sinrrii7,.a.sIge drss,�n� asd.itred ora.tha �'>'acke,f ti�.;s �' hazard nonce st a saecesarg. a tihe;+x ftao•=Mmac%: payable to 11g�brtiieappSiiianY 'ihedz�aals.ultheapplir ti r s wilt €kuta- ferenc in Ij pemntw. -'-irm he issw� rkniz iwi tsf:uuype=it, Anypeikii devifloping in: :an 4ECwit wut:a:per- AA &�&, a "AOX.4- 2, 3W uwnerur p.M' nn uarized t D apt as his agent fearp rpaws�,off mg.aCAMApenWtapplicafim Page 1 of 1 .= Y:•15-2003 WED 04:19 PM NO DIV OF COASTAL MGMNT FAX NO. 4 P. 05 SITE DRAWING/APPLICATION CHECKLIST OCT 3 2003 Please make sore your silo drawing includes the following information required for a CAMA minor develop- ment permit. The Orawing may be simple and not necessarily to scale. The Local Permit Officer will help you, if recyuested. PFiYSIGA�IMENSIONS label roads hibot highways right of ways f 1;+bet local setback lints i( label any and All structures and driveways currently existing on property 1,11YSICA/Zrawand IAIZAuruos'I-ICS label mean hig li water marl: - �draw location of on -site wastewater system If YOU will he worl:itag; in the ocean hazard.area. draw and label dune ridges (note height) draw And lahel toe of dune identify ;and locate first line of stable vegetation draw anti label setback line under LAMA draw and labr1 topographical feahtres (optional) If you will bcr workinE; in an estuarinc shoreline area: 4/ draw and label landward limit of AEC _ ✓� clescrihr terrain (slope) DGWiL.OPMENT FLANS draw and label areas that trill lie disturbed p!! if a laause is to he plac;,-d on lot, describe location of house flole :,i/,c of piling; and depth to be i)laced in g round �i draw anal label all areas to be paved or graveled cl scrihe composition of surface hole arul list folly all lrcesand vegetation Lobe removed or relocated slaow lindscapin}; NOTE TO APPLICANT liavc �clu: 31collllalctod all blank,, atld /tar indicated if not apl+lleable'? 1'11tltified alld I1"te[1 adjacent properly owners? 1-inClt.IdCd y+,ur ails` clr❑t� ing? `�signrcl both ,Ipl1liclation [anal .Ntaterrn:nt [,f ownrrshir? `FCilO ►teJ llle S100.00 [cc? rGcatnlale[cd all AFC llazard Mitit:u, if neccssaryY Site Nolicu Pc) ti'd Site Inspections FOR STA1T USE Final Inspection _ --- Fee received Date of Action: Issued F:aumpl,ed Denied Appeal Deadline (20 days) Ti - l u If rT% O Ak Q LU FF 2vAI�, —. 34_ S a Tg q•� — — --- — _. NDy N 6aNnil6 L SAI I T'F} AN by S.At rr,� `43 . 5/P6 vIG•.J ;.00T 9 SOD orl --may �-•�' SLOpe : `.T°u, ' Ac-ti,a 4?4.f G �RIIARAPor%i4 u+Aityt Lt N6 fW86rtT T�9.1.u%i ra ', . i �F • ' i 7: - ME44 Hf('iH ; 291. seo9 �s27 ti �- $r EL- C ` r►3 �AP� AR � ARE DIST. � 3 `2003 _ • ..•. ... .T� RE CAE MEXEU ON. - _ 5367.04 �L5 d"S� . M r 6304 .7332: • .... � .: rron 8249 . eq. n 92 106 - OAK st77 2 6079 �. 7030 7960 j 7860 11 RIPER = z 7690 8552 • . I4 .9302 ' • J tZ�d . - oJ9212• 913 00. - (oks+r%kf;ok Jc�e u1 is OCT-9 3 2003 Proposed bulkhead work plan —Block A, Lot • White Oak Bluffs 1) Install 10' — 20' wide section of silt fence at north corner of lot at water. 2) Install 10' — 20' wide section of anti -erosion mat from normal high water line 6' — 8' up bank. 3) Install 10' — 20' wide section of large rip rap on anti -erosion mat to height of 6' — 8' up bank. 4) Slop from rip rap to top of bank at 45 to 60 degree angle by pulling soil to top. of bank. 5) Repeat procedure from north to south end of lot. 6) Keeping rip rap between disturbed soil and river at all times to prevent erosion while under construction. 7) Install sod from top of rip rap to height of lot, length of lot. VACANT LOT OFFER TO PURCHASE AND CONTRACT 0 C T 2 3 2003 NOTE: This contract is intended for use only for lots which have been developed pursuant to a Subdivision Ordinance adopted by a City or County and for which a plat has been recorded in the Office of the Register of Deeds in the county in which the property is located. If Seller is Buyer's builder and the sale involves the construction of a new single family dwelling prior to closing, use the standard Offer to Purchase and Contract (Form 2) with the New Construction Addendum (Form 2A3). Richard Adams, & wife Claudia Adams as Buyer, hereby offers to purchase and t e Bonnie Smith, as Seller, upon acceptance of said offer, agrees to sell and convey, all of that plot, piece or parcel of land described below (hereafter referred to as the "Property"), upon the following terms and conditions: 1. REAL PROPERTY: Located in the City of Wbii<e.Oak Township ,County of — Carteret State of North Carolina, being known as and more particularly described as: Street Address_ 114 White Oak Bluffs Zip Subdivision Name _ Whi fiP 0 k Bl iffy Plat Reference: Lot 15 , Block or Section Block A Section 1 as shown on Page— Plat Book or Slide at Pages) (Property acquired by Seller in Deed Book 946 at ��_), NOTE: Pnor to signing this Vacant Lot Offer to Purchase and Contract, Buyer is advised to review Restrictive Covenants, if any, which may limit the use of the Property, and to read the Declaration of Restrictive Covenants, By -Laws; Articles of Incorporation, Rules and Regulations, and other governing documents of the owners' association and/or the subdivision, if applicable. 2. PURCHASE PRICE: The purchase price is $ 115 , 000, 00 and shall be paid as follows: (a) $ 5,000.00 , EARNEST MONEY DEPOSIT with this offer by O cash II personal check ❑ bank check ❑ certified check ❑ other to be deposited and held in escrow by J�ri denti al SLm S> fealty ("Escrow Agent") until the sale is closed, at which time it will be credited to Buyer, or until this contract is otherwise terminated. In the event: (1) this offer is not accepted; or (2) any of the conditions hereto are not satisfied, then all earnest monies shall be returned to Buyer. In the event of breach of thiscontract by Seller, upon Buyer's request, all earnest monies shall be returned to Buyer, but such return shall not affect any other remedies available to Buyer for such breach. In the event this offer is accepted and Buyer breaches this contract, then all ea mest monies shall be forfeited upon Seller's request, but receipt of such forfeited earliest monies shall not affect any other remedies available to Seller for such breach. NOTE: In the event of a dispute between Seller and Buyer over the return or forfeiture of earnest money held in escrow by a broker, the broker is required by state law to retain said earnest money in the broker's trust or escrow account until a written release from the parties consenting to its disposition has been obtained or until disbursement is ordered by a court of competent jurisdiction. (b) $ —0— ADDITIONAL EARNEST MONEY DEPOSIT to be paid to Escrow Agent no later than , TIME BEING OF THE ESSENCE WITH REGARD TO SAID DATE. (c) $__ NIA _, BY ASSUMPTION of the unpaid principal balance and all obligations of Seller on the existing loan(s) secured by a deed of trust on the Property in accordance with the attached Loan Assumption Addendum. (d) $—�I/A , BY SELLER FINANCING in accordance with the attached Seller Financing Addendum. (e) $ , BALANCE of the purchase price in cash at Closing. 3. , ND ONS: (State N/A in each blank that is not a condition to this contract.) (a) Buyer must be able to obtain a ❑ Conventional ❑ Other: A loan at a ❑Fixed Rate El Adjustable Rate in the principal amount of N/A for a term of � year(s), at an initial interest rate not to exceed -0— % per annum, with mortgage loan discount points not to exceed —A— % of the loan amount. Buyer shall apply for said loan within NJA days of the Effective Date of this contract. Buyer shall use Buyer's best efforts to secure the lender's customary loan commitment letter on or before .. . N/A and to satisfy all terms and conditions of the loan commitment letter by Closing. After the above letter date, Seller may request in writing from Buyer a copy Page] of 4 This form jointly approved by: STANDARD FORM 12 . T North Carolina Bar Association 07/2003 LAJ .r REALTORO North Carolina Association of REALTORS®, Inc. ;;,,,,�;,,, Buyer Initials42;�-Sellcr InitialsIg O C T 2 3 2003 ' of the loan commitment letter. If Buyer fails to provide ,Seller a copy of the loan commitment letter or a written waiver of this j loan condition within five days of receipt of Seller's request, Seller may terminate this contract by written notice to Buyer at any time thereafter, provided Seller has not then received a copy of the letter or the waiver. (b) There must be no restriction, easement, zoning or other governmental regulation that would prevent the reasonable use of the Property for j eSi rlenti al purposes ("Intended Use"). (c) The Property must be in substantially the same or better condition at Closing as on the date of this offer, reasonable wear and tear excepted. (d) All deeds of trust, liens and other charges against the Property, not assumed by Buyer, must be paid and satisfied by Seller prior to or at Closing such that cancellation may be promptly obtained following Closing. Seller shall remain obligated to obtain any such cancellations following Closing. (e) Title must be delivered at Closing by GENERAL WARRANTY DEED unless otherwise stated herein, and must be fee simple marketable and insurable title, free of all encumbrances except: ad valorem taxes for the current year (prorated through the date of Closing); utility easements and unviolated restrictive covenants that do not materially affect the value of the Property; and such other encumbrances as may be assumed or specifically approved by Buyer. The Property must have legal access to a public right of way. 4. SPECIAL ASSESSMENTS: Seller warrants that there are no pending or confirmed governmental special assessments for sidewalk, paving, water, sewer, or other improvem nts on or adjoining the Property, and no pending or confirmed owners' association special assessments, except as follows: none (Insert "None" or the identification of such assessments, if any.) Seller shall pay all owners' association assessments and all governmental assessments confirmed through the time of Closing, if any, and Buyer shall take title subject to all pending assessments, if any, unless otherwise agreed as follows: 5. PROBATIONS AND ADJUSTMENTS: Unless otherwise provided, the following items shall be prorated and either adjusted between the parties or paid at Closing: (a) Ad valorem taxes on real property shall be prorated on a calendar year basis through the date of Closing; (b) All late listing penalties, if any, shall be paid by Seller; (c) Rents, if any, for the Property shall be prorated through the date of Closing; (d) Owners' association dues and other like charges shall be prorated through the date of Closing. Seller represents that the regular owners' association dues, if any, are $ inn -no per vegr 6. CLOSING EXPENSES: Buyer shall be responsible for all costs with respect to anyrloan obtained by Buyer. 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. Seller shall pay. for preparation of a deed and all other documents necessary to perform Seller's obligations under this agreement, and for excise tax (revenue stamps) required by law. If Seller is to pay any of Buyer's expenses associated with the purchase of the Property, the amount thereof shall be $_NIA , excluding any portion disapproved by Buyer's lender. , 7. EVIDENCE OF TITLE: Seller agrees to use his best efforts to deliver to Buyer as soon as reasonably possible after the Effective Date of this contract, copies of all title information in possession of or available to Seller, including but not limited to: title insurance policies, attorney's opinions on title, surveys, covenants, deeds, notes and deeds of trust and easements relating to the Property. Seller authorizes (1) any attorney presently or previously representing Seller to release and disclose any title insurance policy in such attorney's file to Buyer and both Buyer's and Seller's agents and attorneys; and (2) the Property's title insurer or its agent to release and disclose all materials in the Property's title insurer's (or title insurer's agent's) file to Buyer and both Buyer's and Seller's agents and attorneys. S. LABOR AND MATERIAL: Seller shall furnish at Closing an affidavit and indemnification agreement in form satisfactory to Buyer showing that all labor and materials, if any, furnished to the Property within 120 days prior to the date of Closing have been paid for and agreeing to indemnify Buyer against all loss from any cause or claim arising therefrom. 9. CLOSING: Closing shall be defined as the date and time of recording of the deed. All parties agree to execute any and all documents and papers necessary in connection with Closing and transfer of title on or before 10 s after CAMA peIiI111 at a place designated by Buyer. The deed is to be made to Richard Adams & wife Cl at irti A A nmc PROVISION IS OTHERWISE MADE IN WRITING 10. POSSESSION: Unless otherwise provided herein, possession shall be delivered at Closing. No alterations, ekcavations, tree removal or other such activities may be done before possession is delivered. Page 2 of 4 STANDARD FORM 12 - T Buyer Initials J��Seller Initials ©7l2003 sued i / 11. SEWER SYSTEM (check only ONE): 0 C T 2 3 2003 Buyer has investigated the costs and expenses to install the sewer system approved by the Improvement Permit attached hereto as Exhibit A and hereby approves and accepts said Improvement Permit. ❑ Seller represents that the system has been installed, which representation survives Closing, but makes no further representations as to the system. Buyer acknowledges receipt of the Improvement Permit attached hereto as Exhibit A. Buyer shall have the option of inspecting or obtaining, at Buyer's expense, inspection(s) to determine the condition of the system. If the system is nol performing the function for which intended and is in need of immediate repair, Buyer may terminate this Contract and the Earnest Money Deposit shall be refunded to Buyer. Buyer waives this condition unless Buyer provides written notice to Seller by that this condition cannot be satisfied, time being of the essence. Q This contract is contingent upon Buyer obtaining an Improvement Permit or written evaluation from the County Health Deparfrrrent ("County") for a (check only ONE) Q conventional or ❑ other ground absorption sewage system for a bedroom home. All costs and expenses of obtaining such Permit or written evaluation shall be borne by Buyer, except Seller, by no later than , shall be responsible for clearing that portion of the Property required by the County to perform its tests and/or inspections. Buyer shall use Buyer's best efforts to obtain such Permit or written evaluation. If the ground absorption sewage system is not allowed, Buyer may terminate this contract and the Earnest Money Deposit shall be refunded to Buyer. Buyer waives this condition unless Buyer provides written notice to Seller by that this condition cannot be satisfied, time being of the essence. ❑ Buyer has investigated and approved the availability, costs and; expenses to connect to a ❑ public or ❑ community sewer system. 12, SOIL, WATER, UTILITIES AND ENVIRONMENTAL. CONTINGENCY: This contract is contingent upon Buyer obtaining report(s) that (i) the soil is suitable for Buyer's Intended Use, (ii) utilities and water are available to the Property, (fii) there is no environmental contamination, law, rule or regulation that prohibits, restricts or limits Buyer's Intended Use, and (iv) there is no flood hazard that prohibits, restricts or limits Buyer's Intended Use (collectively the "Reports"). All costs and expenses of obtaining the Reports shall be bonne by Buyer. Buyer shalt use Buyer's best efforts to obtain such Reports. If the Reports cannot be obtained, Buyer may terminate this contract and the Earnest Money Deposit shall be refunded to Buyer. Buyer waives this condition unless Buyer provides written notice to Seller by N/A that this condition cannot be satisfied, time being of the essence. 13. RIGHT OF ENTRY, RESTORATION AND INDEMNITY: Buyer and Buyer's agents and contractors shall have the right to enter upon the Property for the purpose of appraising the Property, and performing the tests and inspections permitted in Sections 11, 12 and 13 of this contract. If Buyer terminates this contract as provided herein, Buyer shall, at Buyer's expense, restore the Property to substantially its pre -entry condition within thirty days of contract termination. Buyer will indemnify and hold Seller harmless from all loss, damage, claims, suits or costs, which shall arise out of any contract, agreement, or injury to any person or property as a result of any activities of Buyer and Buyer's agents and contractors relating to the Property. This indemnity shall survive this contract and any termination hereof. Notwithstanding the foregoing, Seller shall be responsible for any loss, damage, claim, suit or cost arising out ofpre-existing conditions of the Property and/or out of Seller's negligence or willful acts or omissions. 14. OTHER PROVISIONS AND CONDITIONS: (ITEMIZE ALL ADDENDA TO THIS CONTRACT AND ATTACH HERETO.) Offer contingent upon buyer being able to obtain a CMA permit to install pier, dock & boat lift.& bulkhead. 15. RISK OF LOSS: The risk of loss or damage by fire or other casualty prior to Closing shall be upon Seller. 16. ASSIGNMENTS: This contract may not be assigned without the written consent of all parties, but if assigned by agreement, then this contract shall be binding on the assignee and his heirs and successors. 17. PARTIES: This contract shall be binding upon and shall inure to the benefit of the parties, i.e., Buyer and Seller and their heirs, successors and assigns. As used herein, words in the singular include the plural and the masculine includes the feminine and neuter genders, as appropriate. 18. SURVIVAL: If any provision herein contained which by its nature and effect is required to be observed, kept or performed after the Closing, it shall survive the Closing and remain binding upon and for the benefit of the parties hereto until fully observed, kept or performed. 19. ENTIRE AGREEMENT: This contract contains the entire agreement of the parties and there are no representations, inducements or other provisions other than those expressed herein. All changes, additions or deletions hereto must be in writing and signed by all parties. Nothing contained herein shall alter any agreement between a REALTOR"' or broker and Seller or Buyer as contained in any listing agreement, buyer agency agreement, or any other agency agreement between them. Page 3 of 4 STANDARD FORM 12 - T Buyer Initials n eller Initials 4k5 _41 07/2003 OCi 9. 3 2003 20. NOTICE AND EXECUTION: Any notice or communication to be given io a party herein may be given to the a parry's agent. This offer shall be b' p rty or to such Come a mdmg contract (the `Effective Date') when signed by both Buyer and Seller and such signing is communicated to the offering party. This contract is executed under seal in signed multiple originals, all of which together constitute one and the same instrument, with a signed original being retained by each party and each REALTOX i or broker hereto, and the parties adopt the word "SEAL" beside their signatures below. Buyer acknowledges having trade an on -site personal examination of the Propertyprior to the malting of this offer. THE NORTH CAROLINA ASSOCIATION OF REALTORS®, INC. AND THE NORTH CAROLINA BAR ASSOCIATION MAKE NO REPRESENTATION AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION OF THIS FORM IN ANY SPECIFIC TRANSACTION. IF YOU DO NOT UNDERSTAND THIS FORM OR FEEL THAT IT DOES NOT PROVIDE FOR YOUR LEGAL NEEDS, YOU SHOULD CONSULT A NORTH CAROLINA REAL ESTATE ATTORNEY BEFORE YOU SIGN IT. Date: 3 Buyer SEAL) Date: l b Zaa Seller (SEAL) Date: ��✓� Date: p� Buyer `�- '� (SEAL) Seller (SEAL) Escrow Agent acknowledges repeipt of the earnest money and agrees to hold and disburse the same hi accordance with the terms hereoL . Date�t Firm: Pnx1e i al R . By: .. (Si ature) Selling AgentTirm/Phone_ Floyd Messer, Jr, Prudential Sun Surf Realty Acting as O Buyer's Agent ❑ Seller's (sub)Agent Dual Agent Listing Agent/Finn/Phone Everett Long Prudential. Sun Surf Realty Acting as O Seller's (sub)Agent Dual Agent Page 4 of 4 STANDARD FORM 12 — T 0 7/2003 �/o j 3 � � ma`s �;� i" AIM VAI wl lVq y� r .. r )At•!� 7' 1 ' 1111J .� ■ram . i i. l R • ;+ ��' p a Prof a Wh to Oak"Bluff . . �� ;..�, t f' ' �4 .3W � � � 8'pw� ,�- * - � � rk .. �NAi� a �� I�y-:.. `"''� � •4. 1 , y, ♦Y � a ir� � � .� i x Y6 M �t .�: �. � � _ � . 3 .�'•' ''tr lb �. ��.4 .�.. �G���elha. 2P"`!, .. .. '4_ _..ad -��._ r x " m 3' i411; Y -�4