HomeMy WebLinkAboutRueh, Marty & Lisa®P❑PAMA / ❑ DREDGE & FILL \' NO. 75943 A B C D
❑ENERAL PERMIT A, Previous permit#
ew Modification ❑❑ Complete Reissue Partial'Reissue Date previous perfnit issued
As authored by the State of North Carolina, Department of Environmental Quality �/
and the Coastal Resources Commission in an area of env ronmental concern pursuant to 15A NCAC
❑ LRules attached.
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Agent or Applicant Printed Name -
Signature "Please read compliance statement on back of permit"
Application Fee(s) Check #
Permit Officer's Printed Nan
Signature
hq
I wing Date Expiration Date
I hereby certify that I own property adjacent to
r1 .—r-� � " �1`�ar
property located at I3/ � X*ez t.AA/&
(Address, Lot Block, I
on in
(Waterbody) (Cil
of Property Owner)
etc.)
and/or
I
N.C.
The applicant has described to me, as shown below, the development proposed at the above
location.
I have no objection to this proposal.
I have objections to this proposal.
DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT
W0,1EA VJTLL, �Z94 1 1r Aso
WAIVER SECTION
I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or groin
must be set back a minimum distance of 15' from my area of riparian access unless waived by
me. (If you wish to waive the setback, you must initial the appropriate blank below.)
I do wish to.waive the 15' setback requirement.
I do not wish to waive the 15' setback requirement.
(Adjacent Property Owner Information)
(—Polcl L (1.t1('CA0 )
Il/ILolt�i
Date*—._
(Revised Aug. 2014)
I hereby certify that I own property adjacent to MC—A4419� 's
--- �� ( a e of Property Owner)
property located
�kJ� cated at �9A lKt+
onge7 6 �(Addrein, Lot, BIO ��ad, tc. , N.C.
(Waterbody) (City/Town andlor County)
The applicant has described to me, as shown below, the development proposed at the above
locatio2
✓ ' I have no objection to this proposal.
I have objections to this proposal.
I understand that a pier, dock, modring pilings, boat ramp, breakwater, boathouse, lift, or groin
must be set back a minimum distance of 15' from my area of riparian access unless waived by
me. (If you wish to waive the setback, you must initial the appropriate blank below.)
I do wish to waive the 15' setback requirement.
I do not wish to waive the 15' setback requirement
(Property Owner Information)
FOM
Telephone Number/email address
hJIV /8Z4e?
Daft
(Adjacent Property Owneri ormati�
Si lure*
Print or Type Name
Mailing Address
City/State/Zi
Telephone Nurpber/ aims �� Q
Dale*
(Revised Aug. 2014)
*Valid for one calendar year after signature*
JOINT USE AGREEMENT
This Joint Use Agreement ("Agreement") is made by Rueh ("Marty & Elizabeth (Lisa) Rueh"),
Green("Miriam Green") and Henderson ("Joe (Be) & Richard Henderson"), owners of neighboring
properties on Sea Trace Lane,
for the purposes of establishing the rights and responsibilities of the joint use of a dock accessed via
Miriam Green's real property. The term "Party or Parties"
refers to the signatories and.successors of this agreement.
RECITALS
Parcel A is the real property of the Rueh's
137 Sea Trace Lane Newport NC 28570 adjoining the Green Property
Parcel B is the real property of the Green's
133 Sea Trace Lane Newport NC 28570 adjoining the Henderson's
Parcel C is the real property of the Henderson's
129 Sea Trace Lane Newport NC 28570
The Parties hereto wish to establish certain rights and responsibilities regarding the use,
maintenance and operation of the dock/pier that has been shared by the families for decades.
THEREFORE, in consideration of the mutual benefits to be derived therefrom, the
Parties agree as follows:
1. All costs concerning the repair & maintenance of the dock shall be borne equally by all three
parties.
2. The dock shall be owned by the three parties.
3. The terms and conditions of this Agreement shall;
be construed to be for the benefit of the Parties, and the same shall run with Parcel A, Parcel B and
Parcel C shall ensure to the benefit of the owners of such parcels, and their
successors in interest in and to such parcels. This Agreement is binding upon the Parties
and their respective heirs, successors and assigns.
4. Use of the pier/dock. The dock may be used jointly by Rueh; Green and
Henderson and the members of their respective families who reside with them & guests, in
accordance with the following conditions:
4.1 Green shall have unlimited exclusive use of the east boat lift, which has been paid for by
Green and is responsible for the lifts repair & maintenance.
4.2 Rueh shall have unlimited exclusive use of the south boat lift, which has been paid for by
Rueh and is responsible for the lifts repair & maintenance.
4.3 No Party may use the dock in a manner that precludes the authorized use
of another Party. The Parties may use the dock area assigned to the other user
provided they have communicated with the affected user and obtained specific
prior approval from the affected user;
4.4 If the pier/dock is to be removed or secured in cases of severe
inclement weather, all parties shall equally share in the labor and/or
any costs involved in its removal and replacement, except for the boat lifts, those are to be paid by
the owner.
5. Operating Costs. Ongoing Operating Costs for the dock such as power and water
utilities, repairs and maintenance, insurance, and other operating costs shall be paid by
the parties respectively.
6. Indemnity. The Parties acknowledge that a dock can be a dangerous place and each
Party hereby agrees that it shall use the dock entirely at its own risk. The Parties hereby
indemnify and hold each other harmless from any loss, -damage, injury, cause of action or
claim resulting from any and all acts or omission of a Party, their agents, guests, or other
person using the dock/pier or boat lift at the invitation of the Party.
7. Insurance. The pier shall be self -insured as it always has been between the parties until one party
feels the need to discuss binding pier insurance.
8. Damages to Dock. If the dock is damaged by a Party or by any person using the dock at
the invitation of that Party, The Party responsible for the damage will be invoiced for any costs with
repair of the dock/pier to a safe standard and or reconstruction to a manner of prior condition before
damages.
9, Nuisance. The Parties will not engage in, or allow to be engaged in, any activity at or
about the easement, dock or float in contravention of law or that reasonably may be
deemed a nuisance. Nuisance shall include, but is not limited to, any loud or boisterous
activity that would disturb the natural peace and tranquility of the area.
10. Access to Dock. Green shall give Rueh & Henderson reasonable access to the path and dock
and hereby grants a license to Henderson & Rueh to cross the property line from Parcel B to the pier
head located on Parcel B.
11. Parties Responsible for their awn Boats. The Parties shall be solely
responsible for their boats moored at the pier and shall bear no
responsibility or liability for loss or damage of boats they do not own.
Boats will be kept in neat, clean and seaworthy condition at all times and
each Party shall be responsible for the relocation of their boat when weather or tidal
conditions so require.
12. No Unattended Boats. The Parties shall only keep a boat on the dock when they are
residing on or using their respective parcel unless permission is obtained from both
Parties, which shall not be unreasonably withheld.
13. Noise. Best efforts shall be made to keep the dock quiet after 10:00 PM and before 9:00
AM ("After Hours") to minimize the impact of noise, lights, etc. on the shore properties.
It is understood that the Parties can use the dock After Hours; however, the Parties shall
be particularly careful to minimize noise, lights or any disruption during After Hours
usage.
14. Dock Cleanliness and Appearance. The dock shall be kept clear and there shall be no
storage containers kept on the dock. The dock shall be kept clean, orderly and free from
all hazards and flammable substances. The Parties may set reasonable rules for good and
safe management of the dock consistent with this Agreement and they are empowered to
enforce such rules.
15. Recreational Use Only. The use of the dock is for recreational purposes only. No
commercial use shall be made of the dock, nor shall any commercial maintenance be
performed on any vessel at the dock excepting emergency repairs.
16. Exclusive Use and Benefit to the Parties to this Agreement. The dock is for the
exclusive and sole use and benefit of Green, Rueh & Henderson. Notwithstanding any other
term in this declaration, no Party shall grant rights of any kind whatsoever concerning
the use and benefit of the dock to any third party without the prior written consent of the
other Party, however, the Parties may permit guests, invitees and contractors to use the pier/dock
when visiting and no consent shall be required.
17. Expansion. Any future expansion or enhancement of the dock is at the benefitting parties sole
discretion, cost, and expense.
18. Terms and Conditions of Agreement are Enforceable. The terms and conditions of
joint use as set forth herein are expressly conditioned upon compliance by each joint user
with all requirements set forth herein. Green, Rueh & Henderson are empowered to enforce the
terms, conditions and requirements of this agreement, Failure to abide by.the terms,
conditions and requirements may result in loss of dock use privilege.
19. Entire Agreement. This is the entire agreement between the Parties. There are no other
understandings, verbal or written concerning the subject matter of this declaration. This
agreement may be amended only by written agreement signed by the Parties..
20. Notices. All Notices which any Party desires to give hereunder shall be in writing and
will be sufficiently given if delivered by personal delivery, by nationally recognized
overnight courier service or by certified mail, postage prepaid, addressed to the Party to
whom directed at the applicable address set forth below (unless changed by similar notice
in writing given by the particular Party whose address is to be changed).
21. North Carolina Law. This Agreement shall be governed by the laws of the State of
North Carolina.
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