HomeMy WebLinkAbout44862D - Breeden CAMA/ ' DREDGE & FILL
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7ENERAL PERMIT Previous permit#
'New Modification ,Complete Reissue Partial Reissue Date previous permit issued
•ized by the State of North Carolina,Department of Environment and Natural Resources
:oastal Resources'Commission in an area of environmental concern pursuant to I 5A NCAC 7 H . j 1 00/ 7J-4 . /2-0()
rWAules attached.
t Name 114/( F-jii L. /j►Q EEt2E7\/ Project Location: County / VNS(,(.J/C.((
16001 —2- Sc AS toe120. S V•/ Street Address/State Road/Lot#(s) ,2 C a/9 veo.
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ed Agent .S',MO,ty J )4 d(I•. City OCity a.Of):✓ .7-sle€j 49C 4 ZIP 281/ ,7
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ig permit may be required by: j L A-i/ I S'L E t3E4(4 See note on back regarding River Basin r,
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kMS DOCKS & BULKHEADS INC 4322 i'
4 MONSTER BUCK ESTATES
SUPPLY NC 28462
910-755-6861 �^/ Q / ss t l2/531
DATE .d 2/ IQ sztot
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2/206 1 01 7045416578 MOGILLEWIE PAGE 0:
2 April 2006
Garth E. McGillewle
4905 MO Aery Circle
0-ii:xr t tt . NC ? .'77
Fax ? 704-54l-6578
Sammy Varnem ( sorry about the spelling)
Fax # 9 1 ..755 6871
t)) :Li Saii nv
Michael I3reec on will contact you with the name for the CAMA permit.
Please i:ax. me at the above number with the drawing for the dock. I will
make sure Michael contacts you tomorrow. His numbers are (91.0) 575-1. 10)
.t s v the way, .I wi tl be coming down to the beach this coining weekend if you
• = ;1 i! like to iicel.
/ri 5 )
f /J / 1 i
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f / I 1 'i
'7 06 12: 52p Debbie Smith 910. 579. 5877 p.
fiF F�—Gc esi� i 2..:2 r PM Var nams Docks + Bu i 4- h ead 910 a42 7626 P.
•
UI LLaIUN { 1- COASTAL L MANAGEMENT
ADJACENT RIP4RIA v PROPERTY i'OWNER NOTIFICATION/WA.IVEit FORM .
Name of Individual Applying For Permit: yitCj e f 1 f. ,/ee
Address of Property:__ S l at e P,1 D _
(Lot or Street � Sirce
rC
I hereby certify that I own property adjacent to the above-referenced property. The individual
applying for this permit has described to me 5_'l YA:, on the attached drawing the development they
are proposing. A description or drawing, , i_;n„pions, should be provided with thi. letter.
I inaVe no ooje .;,'.1:�; t(_ .`!1s proposal.
If you have objections to what is being proposed, please write the Division of Coastal`.
Management, 127 Cardinal Drive Extension, Wilmington, NC 28-t0S or call 910-395-391)0
within 10 days of receipt of this notice. No response is considered the same as no objection it+
you have been notified by Certified \hi!,
WA..t\ i• k-e. ;, t ,-110N
untie,sand that a pier,dock, mooring pilings, breakwater, boat house or boat lift must be.sQ,}.,
bck a minimum distance of 15' from my area of riparian access- unless waived by me. TM!
wish to waive the setback, you must initial the appropriate blank below,)
• I do wish to waive the i setback requirement.
i : not V4i5; tU waive the .i5' setback requirement,
•
.STY
i/16/2006 22:10 9105751107 EASTCOASTREALTY PAGE 01
EAST COAST REALTY
& DEVELOPMENT SEASIDE
},g[.... +z •:.Ys try v Ar 9+ `r L. . •
v.a �;..
1601-2 Seaside Rd.SW Office: (910)575-1100
Sunset Beach,NC 28468 Fax: (910)575-1102
Watts: (866)651-7300
FAX TO: FAX FROM: fitl j C ► -L Fje,/ E'J
c/o it+-61PeLy
ATT: ar,3,6 DATE: _0•51L dr)4
FAX NO: 315 - 39 TIME: (0 //;/Z
TOTAL PAGES INCLUDING THIS PAGE:
MESSAGE: f I E
/ !FE / FAL i/ Gi r .�
,9774tnx y i9 i4 Erv... _ 7 C /G Ai,
- . , , Q`/6 - '4/ - 91/i/
'16/2006 22:10 9105751107 EASTCOASTREALTY PAGE 02
1601-2 Seasdie Road SIN
Ocean Isle Beach, NC, 28469
Phone: 910-575-1100, Fax: 910-575-1102
OFFER TO PURCHASE AND CONTRACT-VACANT LOT/LAND
; This contract is intended for unimproved real property that Buyer will purchase only for personal use and will not subdivide.
not be used to sell subdivided property that has not been platted,approved and recorded. If Seller is Buyer's builder and the ss
s the construction of a new single family dwelling prior to closing,use the standard Offer to Purchase and Contract(Form 2-
New Construction Addendum.(For,2A.3 T).
ionRisa a7asis xBtlild, Ina.
3r, hereby offers to purchase and
?ountain Head Investments, Imo.
cceptance of said offer, agrees to sell and convey, all of that plot, piece or parcel of land described below (hereafter referred
'Property"),upon the following terms and conditions:
reAL PROPERTY: Located in the City of Ocean Isle Beag,Laast — , County
wick ,State of North Carolina,being known as and more particularly described
address Craven street, Ocean Ialet Beacham North Carolina _ Zip 28469
ision Name Pia --
.ference: Lot 2 ,Block or Section B-13p, 9-MB as shown
x}k or Slide 21 at Page(s) 28 (Property acquired by Seller in Di
L952 at Page 1346 _).
;: Prior to signing this Offer to Purchase and Contract-Vacant Lot/Land,Buyer is advised to review Restrictive Covenants,if a
may limit the use of the Property, and to read the Declaration of Restrictive Covenants, By-Laws, Articles of lneorporati
rnd Regulations,and other governing documents of the owners'association and/or the subdivision,if applicable.
JRCHASE PRICE: The purchase price is$ and shall be p
follows:
imam
_ ,EARNEST MONEY DEPOSIT with this offer by ❑ cash El personal check [bank chi
certified check '--'taiie . n/a - to be depbsi
kd held in escrow by Fountain Head Investments, Inc, ("Escrow Agent")until the sal
❑ecd, at which time it will be credited to Buyer, or until this contract is otherwise terminated. In the event: (I) this offer is
.cepted: or (2) any of the conditions hereto are not satisfied, then all earnest monies shall be refunded to Buyer. In the even
each of this contract by Seller, all earnest monies shall be refunded to Buyer upon Buyer's request,but such return shall not of
ty other remedies available to Buyer for such breach, In the event of breach of this contract by Buyer, then all earnest monies sl
forfeited to Seller upon Seller's request,but such forfeiture shall not affect any other remedies available to Seller for such bre*
OTE: In the event of a dispute between Seller and Buyer over the return or forfeiture of earnest money held in escrow b
-ulcer, the broker is required by state law to retain said earnest money in the broker's trust or escrow account until a wri,
lease from the parties consenting to its disposition has been obtained ar until disbursement is ordered by a count of compe
risdiction.
n a , ADDITIONAL EARNEST MONEY DEPOSIT to be paid to Escrow Agent no later t
/a ,TIME BEING OF THE ESSENCE WITH REGARD TO SAID DATE.
nix ,OPTION FEE in accordance with paragraph I i,Alternative 2,to be paid to Seller on the Effective
set forth in paragraph 1.9, (NOTE: If Alternative 2 applies,then do not insert$0,N/A,or leave blank).
nf ,BY ASSUMPTION of the unpaid principal balance and all obligations of Seller on the existing Ioa
..cured by a deed of trust on the Property in accordance with the attached Loan Assumption Addendum.
n/a ,BY SELLERFINANCING in accordance with the attached Seller Financing Addendum.
W ,BALANCE of the purchase price in cash at Closing.
'ONDITIONS: (State N/A in each blank that is not a condition to this contract.)
,.�Pr itn„ t}w able to obtain n Conventional 0 Other: nLa -
i/16/2006 22:10 9105751107 EASTCOASTREALTY PAGE 03
30 _ year(s), at an initial interest rate not to exceed 6.5 % per annum, with mortgage loan din
points not to exceed l_. .%of the loan amount. Buyer shall apply lbr said lean within s ..days c
Effective Date of this contract. Buyer shall use Buyer's best efforts to secure the lender's customary loan commitment letter
before March. 15 i 2006 and to satisfy all terms and conditions of the loan commitment letter by Closing. Alit
above letter date, Seller may request in writing from Buyer a copy of the loan commitment letter.If Buyer fails to provide Seller a
of the loan commitment letter or a written waiver of this Lean condition within five days of receipt of Seller's request, Sella
terminate this contract by written notice to Buyer at any time thereafter,provided Seller has not then received a copy of the letter c
waiver.
There must be no restriction, easement, zoning or other governmental regulation that would prevent the reasonable use c
Property for nee Eneidanti4J ham purposes(Intended I
The Property must be in substantially the same or better condition at Closing as on the date of this offer, reasonable wear am
excepted.
All deeds of trust liens and other charges against the Property, not assumed by Buyer, must be paid and satisfied by Seller
to or at Closing such that cancellation may be promptly obtained following Closing. Seller shall remain obligated to obtain
such cancellations following Closing.
Title must be delivered at Closing by GENERAL WARRANTY DEED unless otherwise stated herein, and must be fee s
marketable and insurable title,free of all encumbrances except: ad valorem taxes for the current year(prorated through the d
Closing); utility easements and unviolated restrictive covenants that do riot materially affect the value of the Property; and
other encumbrances as may be assumed or specifically approved by Buyer. The Property must have legal access to a public
of way.
SPECIAL ASSESSMENTS: Seller warrants that there are no pending or confirmed governmental special assessment
ewalk, paving, water,sewer, or other improvements cm or adjoining the Property, and no pending or confirmed owners' assoc;
:c:ial assessments,except as follows:
a
seri "None" or the identification of such assessments, if any.) Seller shall pay all owners' association assessments ar
ternmental assessments confirmed through the time of Closing, if'any,and Buyer shall take title subject to all pending assessr
try,unless otherwise agreed as follows:
PRORATIONS AND ADJUSTMENTS: Unless otherwise provided, the fallowing items shall be prorated and either ad
eveen the parties Of paid at Closing: (a) Ad valorem taxes on real property shall be prorated on a calendar year basis throw
:e of Closing; (b) All late listing penalties, if any, shall be paid by Seller; (c)Rents, if any,for the Property shall be prorated th
date of Closing; (d) Owners' association dues and other like charges shall be prorated through the date of Closing.
'resents that the regular owners'association dues,if any,are S n/a - per n/4.
EXPENSES: Unless otherwise agreed, Buyer shall be responsible for all costs with respect to any loan obtained by Buyer
trcb,title insurance,recording the deed and for preparation and recording of all instruments required to secure the balance of the put
ce unpaid at Closing, Seller shall pay for preparation of a deed and all other documents necessary to perform Seller's obligations
s agreement, and for excise tax(revenue stamps)required by law. Seller shall pay at Closing$ n/a _toward
lyer's expenses associated with the purchase of the Property, including any FHA/VA lender and inspection costs that Buyer
minted to pay,but excluding any portion disapproved by Buyer's lender.
EVIDENCE OF TITLE: Seller agrees to use his best efforts to deliver to Buyer as soon as reasonably possible after the Eft
ue of this contract, copies of all title information in possession of ar available to Seller,including but not limited to: title nisi
licies, attorney's opinions on title, surveys, covenants, deeds, Hates and deeds of trust and easements relating to the Property.
thorizes (1) any attorney presently or previously representing Seller to release and disclose any title insurance policy is
orney'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 releai
>close 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 agent
(alleys,
LABOR AND MATERIAL: Seller shall furnish at Closing an afftdevit and indemnification agreement in form satisfact
e'er showing that all labor and materials, if any, furnished to the Property within 120 days prior to the date of Closing have
id for and agreeing to indemnify Buyer against all loss from any cause or claim arising therefrom.
CLOSING: Closing shall be defined as the date and tune of recording of the deed. All parties agree to execute any a
cunnents and papers necessary in connection with Closing and transfer of title on or before mat,Q 2006 _ t. et-A*,
a place designated by Buyer.The deed is to be made to sonnies nneennBui1d, 214 ��-
LOSING SHALL CONSTITUTE ACCEPTANCE OF THE PROPERTY IN ITS THEN EXISTING CQNDTI'ION UN
tOVISJON IS OTHERWISE MADE IN WR1T1Nc.
POSSESSION: Unless otherwise provided herein, possession shall be delivered at Closing. No alterations, excavation
mova1 or other such activities may be done before possession is delivered,
'16/2006 22:10 9105751107 EASTCOASTREALTV PAGE 04
,Water,Utilities And Environmental Contingency: This contract is contingent upon Buyer obtaining repor(s)that(i) the sr
:le for Buyer's Intended Use, (ii)utilities and water are available to the Property, (iii)there is no environmental cotuaminato
.e or regulation that prohibits, restricts or limits Buyer's Intended Use, and (iv) there is no flood haiard that prohibits, restrit
s Buyers Intended Use (collectively the 'Reports"), All costs and expenses of obtaining the Reports shall be borne by Buyt
hall use Buyer's best efforts to obtain such Reports. If the Reports cannot be obtained,Buyer may terminate this contract ai
nest Money Deposit shall be refunded to Buyer. Bayer waives this condition unless Buyer provides written notice to Seller 1
that this condition cannot be satisfied, tune being of the essence,
re System (check only ONE):
;r has investigated the costs and expenses to install the sewer system approved by the Improvement Permit attached hereto
A and hereby approves and accepts said Improvement Permit.
;r represents that the system has been installed,which representation survives Closing,but makes no further representations as
teinn Buyer acknowledges receipt of the Improvement Pernnit attached hereto as Exhibit A. Buyer shall have the option
nig or obtaining, at Buyer's expense,inspecti+oo(s)to determine the condition of the system. If the system is not performing t
a for which intended and is in need of immediate repair,Buyer may terminate this Contract and the Earnest Money Deposit shall
;d to Buyer. Buyer waives this condition unless Buyer provides written notice to Seller by n/a► d
edition cannot be satisfied, time being of the essence.
contract is contingent upon Bier obtaining an Improvement Permit or written evaluation from the County health Departnir
ty")for a(check only ONE )[conventional or other n,/
absorption sewage system for a n a bedroom home. All casts and expenses of obtaining such Permit or written evahesti
borne by Buyer,except Seller,by no later than n/n , shall be responsible for clearing that portion
3perty required by the County to perform its tests and/or inspections. Buyer shall use Buyer's best efforts to obtain su
or written evaluation. If the ground absorption sewage system is not allowed, Buyer may terminate this contract and 1
t Money Deposit shall be refunded to Buyer. Buyer waives this condition unless Buyer provides written notice to Seller
that this condition cannot be satisfied, time being of themcnce.
Cr has investigated and approved the availability,costs and expenses to connect to a U public or 0 community sewer system.
prangs! Contingency: The Property must appraise at a value equal to or exceeding the purchase price or,at the option et-Buyer,t
:t may be terminated and all earnest monies shall be refunded to Buyer. If this contract is not subject to a financing continget
ng an apraisal,Buyer shall arrange to have the appraisal completed on or before n/a , . The cost of
sal shall be borne by Buyer.
.)SING SHALL CONSTITUTE ACCEPTANCE OF THE PROPERTY IN ITS THEN EXISTING CONDITION UNLE
"ISION IS OTHERWISE MADE IN WRITING,
TERNATIVE 2: ThisAlternative applies ONfl'ifAlternative 2 is checked AND Buyer has paid the Option Fee.)
sperty Investigation with Option to Terminate; In consideration at the sum set forth in paragraph 2(c) paid by buyer to Se
scrow Agent)and ether valuable consideration,the sufficiency of which is hereby acknowledged (the "Option Fee"), Buyer sl
be right to terminate this contract for any reason or no reason,whether related to the physical condition of the Property or otherw
.vexing to Seller written notice of termination(the"Termination Notice")by 5:00 p.m, on r+l=.. , time be
essence (the"Option Termination Date"). At any time prior to Closing,Buyer shall have the right to inspect the Property at Buy
to(Buyer is advised to have all inspections and appraisals of the Property, including but not limited to those matters set born
ative I,performed prior to the Option Termination Date).
:ercise of Option: If Buyer delivers the Termination Notice prior to the Option Termination Date, time being of the essence, this
ct shall become null and void and all earnest monies received in connection herewith shall be refunded to Buyer; however,
a Fee will not be refunded and shall be retained by Seller. If Buyer fails to deliver the Termination Notice to Seller prior to
a Termination Date, then Buyer will be deemed to have accepted the Property in its physical condition existing as of the Opi
nation Date; provided such acceptance shall not constitute a waiver of any rights Buyer has under paragraph 3. The Option Fe
Fundable,is not part of any earnest movies,and will be credited to the purchase price at Closing.
LOSING SHALL CONSTITUTE ACCEPTANCE OF THE PROPERTY IN ITS'MEN EXISTING CONDITION IlNL.l
JISION IS OTHERWISE MADE IN WRITING.
'.IGIIT OF ENTRY,RESTORATION AND INDEMNITY: Buyer and Dryer's agents and contractors 'hall have the sigh
upon the Property for the purpose of appraising the Property,and performing the tests and inspections permitted in this cont
ter terminates this contract as provided herein, Buyer shall, at Buyer's expense,restore the Property to substantially its pre-e
Lion within thirty days of contract termination.Buyer will indemnify and hold Seller harmless from all loss, damage, claims,sun
which shall arise out of any contract,agreement,or injury to any person or property as a result of any activities of Buyer and Bur,
s and contractors relating to the Property.This indemnity shall survive this contract and any termination hereof.Notwithstanding
sing,Seller shall be responsible for any loss,damage,claim,suit or cost arising out of pre-existing conditions of the Property an
'Seller's negligence or willful acts or omissions.
1THER PROVISIONS AND CONDITIONS: (ITEMIZE ALL ADDENDA TO THIS CONTRACT AND ATTACH HEREW
i/16/2006 22:10 9105751107 EASTCOASTREALTV PAGE 05
RISK OF LOSS: The risk of loss or damage by fire or other casualty prior to Closing shall be upon Seller.
ASSIGNMENTS: This contract may not be assigned without the written consent of all parties,but if assigned by agreement,
contract shall be binding on the assignee and his heirs and successors.
PARTIES: This contract shall be binding upon and shall inure to the benefit of the parties,i.e., Buyer and Seller and their 1
;essors and assigns. As used herein, words in the singular include the plural and the masculine includes the feminine and ni
tiers,as appropriate.
SURVIVAL: If any provision herein contained which by its nature and effect is required to be observed, kept or performed
Closing, it shall survive the Closing and remain binding upon and far the benefit of the parties hereto until fully observed,he
brined.
ENTIRE AGREEMENT: This contract contains the entire agreement of the parties and there are no representations,inducer
xher provisions other than those expressed herein. All changes, additions or deletions hereto must he in exiting and signed b
aes. Nothing contained herein shall alter any agreement between a REALTOR) or broker and Seller or Buyer as contained it
ng agreement,buyer agency agreement,et any other agency agreement between them.
NOTICE AND EXECUTION: Any notice or communication to be given to a party herein may be given to the party or to
tyre agent, This offer shall become a binding contract (the "Effective Date") when signed by both Buyer and Seller and
sing is communicated to the offering party, This contract is executed under seal in signed multiple originals, all of which tog
stitute ace and the same instrument with a signed original being retained by each party and each.REALTOR(or broker ht
t the parties adopt the word"SEAL"beside their signatures below.
yer acknowledges having made an on-site personal examination of the Property prior to the making of this offer.
E NORTH CAROLINA ASSOCIATION OF REALTORST, INC. AND THE NORTH CAROLINA BAR ASSOCIA:
DICE NO REPRESENTATION AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION OF THIS FOR]
IY SPECIFIC TRANSACTION. IF YOU DO NOT UNDERSTAND THIS FORM OR FEEL THAT IT DOES NOT PRO`
R YOUR LEGAL NEEDS, YOU SHOULD CONSULT A NORTH CAROLINA REAL ESTATE ATTORNEY BEFORE
3N IT.
eon8i as JTa•� 1 , I G. _YER ✓ \ � /1 .3/6 (SFEAT.
By: D. Michael Breeden
n?ountalzi vaatamants,
ran DATE � (BP,AL
By: Fountain HoAd Inveatamnta, inc.
LIMB DATIL (SEAL
crow Agent acknowledges receipt of the earnest money and agrees to hold and disburse the same in ttecrmitwee wi
rm s hereof.,
tie (Y))\k\,N\t\, _ Finn:�euatain mad Inartillpents, ice},
By:
(Signature)
;/16/2006 22:10 9105751107 EASTCOASTREALTV PAGE 06
Acting as ❑ Buyer's Agent 0 Seller's(sub)Agent ❑ Dual Agent
ng;Agei1/Firm/Phone n/a
Acting as-0 Seller's(sub)Agent Dual Agent
tir
SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
• Complete items 1,2,and 3.Also complete A. Signat e
item 4 if Restricted Delivery is desired. "JX ❑Agent
• Print your name and address on the reverse _ Addressee
so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery
■ Aorton thisf card t the back the mailpiece, Al ��JV /�
or on the front if space permits. f f
D. Is delivery address ' rent ro item 1. s
1.\Article Addressed to:k' ;kk E ikk Si If YES,enter deli ry addres elow: �g
i quo n
'.U. Cry(. to S3 ��
Fott g 5c a(N37 '
3. Service Type �/� CO
,Certified Mai Ci ress Mail
❑ Registered \ etu for Mer andise
❑ Insured Mail `t.O.D.
4. Restricted Delivery?(Extra eel ❑Yes
2. Article Number -
(Transfer from s 7002 0860 0003 5682 4429
PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-1540