HomeMy WebLinkAbout45935D - Furman V.
6AMA/ LJ DREDGE & FILL
ENERAL PERMIT Previous permit#
w `.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/. 12 GG
[I� RGfes attached.
t Name J,/07 d,714 y < ti/z r».9. / Project Location: County j3a,rAO'c /,./i c k
/05 lib/ Cis s ,�/ Street Address/State Road/Lot#(s) /2 Y Ai. 31
A, y State/v C ZIP 2 7 51/ / 0 7t 22
(2L )25-4"3 4,Z1 Fax#( ) Subdivision A e 62P,scal 71 OCAA., .4
ed Agent tad 7-fi 1 e City oC PI',s Is le 5 ,9c 4 ZIP ?.g/,
❑cw W ❑ S" ❑PTS Phone# ( ) / River Basin Gory A
El ❑OEA ❑HHF IH ❑UBA ❑N/A Adj.Wtr. Body a d SoN-,d (lLetie ,GIIIt r
❑ PWS: ❑FC:
yes no PNA yes no Crit. Nab. yes / no Closest Maj.Wtr. Body / kid
Project/Activity (Pe i ✓ -4' A e z / DocA.
,�7 (Scale:
:k)length Z 7 ')4 7�/ '— g__e f� __ Y '
(s) /0 ',X io '
1
er(s)
igth E
nber — .._p,.-_ _-} _
I/Riprap length
distance offshore
x distance offshore
annel — - — ;�_
iic yards I r 14;,1 i 7 `
ip
se/Boatlift
tt r ,
illdozing / v
Length S.0
t .
not sure yes no '_
not sure yes +. .....�' *' -—
- � +
um: n/a yes
yes �' i Q �.
2Y w,105 IU
.
ttached: yes L.d It 72.
J
"�r_°" Z"°"" 66-112/531
PAY
TO THE
ORDER OF DEHH1R
One Hundred and
DEHNR
WILMIN8TON REGIONAL OFFICE
�
DIVISION OF COASTAL MANAGEMENT
127 CARDINAL DRIVE EXTENSION
W ILMINGTON' NC 805-3845 ^mH» p SGNXWRE 121 �
�BT~ �� S���ET
x"[][] 2L.6 Go* n:053 10 1 1 2 0: 5 29 L L931.13����
DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM
game of Individual Applying For Permit: TriA.o4- rW,
ddress of Property: V 24 VN , m
(Lot or Street #, Street or Road)
oceakA 13e6e,L fvtaswie-k_
(City and County)
`iereby certify that I own property adjacent to the above-referenced.property. The individ
plying for this permit has described to me as shown on the attached drawing the development tl-
e proposing. A description or drawing, with dimensions, should be provided with this letter.
I have no objections to this proposal.
you have objections to what is being proposed, please write the Division of Coasi
anagement, 127 Cardinal Drive Extension, Wilmington, NC 28405 or call 910-395-39
thin 10 days of receipt of this notice. No response is considered the same as no objection
i have been notified by Certified Mail.
WAIVER SECTION
aderstand that a pier, dock, mooring pilings, breakwater, boat house or boat lift must I
bck a minimum distance of 15' from my area of riparian access - unless waived by me. (
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.
12I2 t1 S
am D to
_ -r _I n _r . , .. AV' A
DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORT\
Name of Individual Applying For Permit: --1
Address of Property: 124 W . TA y-'d ' -.
(Lot or Street #, Street or Road)
O e IS 13e&e,ti.
(City and County)
I hereby certify that I own property adjacent to the above-referenced.proper i. The inci
applying for this permit has described to me as shown on the attached drawing the developmer
are proposing. A description or drawing, with dimensions, should be provided with this It:
I have no objections to this proposal.
If you have objections to what is being proposed, please write the Division of C(
Management,. 127 Cardinal Drive Extension, Wilmington, NC 28405 or call 910-395
within 10 days of receipt of this notice. No response is considered the same as no object
you have been notified by Certified Mail.
WAIVER SECTION
I understand that a pier, dock, mooring pilings, breakwater, boat house or boat Iift mu
set bck a minimum distance of 15' from my area of riparian access - unless waived by rn,
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.
///q olo
Name D to
n _ r n ( _ � �
OFFER TO PURCHASE AND CONTRACT - VACANT LOT/LAND
'his contract is intended for unimproved real property that Buyer will purchase only for personal use and will not subdivide.
tt be used to sell subdivided property that has not been platted, approved and recorded. If Seller is Buyer's builder and the
:he construction of a new single family dwelling prior to closing, use the standard Offer to Purchase and Contract (Form
Jew Construction Addendum(Form 2A3-T). fr
TIMOTHY FURMAN I ovJ , as E31.1
fers to purchase and THE RESORT AT OCEAN ISLE BEACH, LLC , as Se
ptance of said offer,agrees to sell and convey,all of that plot,piece or parcel of land described below(hereafter referred tt
erty"),upon the following terms and conditions:
L PROPERTY: Located in the City of OCEAN ISLE BEACH
BRUNSWICK , State of North Carolina,being known as and more particularly descrihec
dress 124,AND 148 WEST THIRD ST Zip 28469
on Name THE RESORT AT OCEAN ISLE BEACH
rence:Lot 72. ,'RLf ,Block or Section as showy
or Slide at Page(s) (Property acquired by Seller in Deed Book 2 2 8 5 at Page 13 97
'nor to signing this Offer to Purchase and Contract - Vacant Lot/Land, Buyer is advised to review Restrictive Covenant:
;h may limit the use of the Property,and to read the Declaration of Restrictive Covenants,By-Laws,Articles of Incorporat
I Regulations,and other governing documents of the owners'association and/or the subdivision,if applicable.
:RASE PRICE: The purchase price is$ 1,300,000.00 and shall be paid as folic
000.00 ,EARNEST MONEY DEPOSIT with this offer by ❑ cash ❑ personal check ❑ bank ch
rtified check Ill other: PAID WITH(10/11/05)RESERVATION AGREEMENT to be deposited and held in escrota
LILES AND GODBEY ("Escrow Agent")until the sale is closed, at which time it will be creditel
or until this contract is otherwise terminated. In the event: (1) this offer is not accepted; or(2) any of the conditions he:
>t satisfied, then all earnest monies shall be refunded to Buyer. In the event of breach of this contract by Seller, all can
:s shall be refunded to Buyer upon Buyer's request, but such return shall not affect any other remedies available to Buyer
breach. In the event of breach of this contract by Buyer, then all earnest monies shall be forfeited to Seller upon Sell
it,but such forfeiture shall not affect any other remedies available to Seller for such breach.
E: In the event of a dispute between Seller and Buyer over the return or forfeiture of earnest money held in escrow b
r, the broker is required by state law to retain said earnest money in the broker's trust or escrow account until a written rel(
the parties consenting to its disposition has been obtained or until disbursement is ordered by a court of compe
iction.
20,000.00 ,ADDITIONAL EARNEST MONEY DEPOSIT to be paid to Escrow Agent no later t
11/10/05 ,TIME BEING OF THE ESSENCE WITH REGARD TO SAID DATE.
N/A ,OPTION FEE in accordance with paragraph 11,Alternative 2,to be paid to Seller on
ive Date as set forth in paragraph 19. (NOTE: If Alternative 2 applies,then do not insert$0,N/A,or leave blank).
N/A , BY ASSUMPTION of the unpaid principal balance and all obligations of Seller on the exist
)secured by a deed of trust on the Property in accordance with the attached Loan Assumption Addendum.
N/A ,BY SELLER FINANCING in accordance with the attached Seller Financing Addendum.
1,260,000.00 ,BALANCE of the purchase price in cash at Closing.
DITIONS: (State N/A in each blank that is not a condition to this contract.)
must be able to obtain a ❑ Conventional ❑ Other: N/A loan
tied Rate ❑ Adjustable Rate in the principal amount of N/A for a term of N/A year(s),al
interest rate not to exceed N/A %per annum,with mortgage loan discount points not to exceed N/A %of
mount.Buyer shall apply for said loan within N/A days of the Effective Date of this contract. Buyer shall
's best efforts to secure the lender's customary loan commitment letter on or before N/A am
• all terms and conditions of the loan commitment letter by Closing. After the above letter date, Seller may request in writ
311ver a rnnv of the lnan rnmmitment letter Tf
must he no restriction, easement, zoning or other governmental regulation that would prevent the reasonable use of
rty for RESIDENTIAL - SINGLE FAMILY DWELLING purposes("Intended U:
'roperty must he in substantially the same or better condition at Closing as on the date of this offer. reasonable wear and
ted.
:eds of trust, liens and other charges against the Property, not assumed by Buyer,must be paid and satisfied by Seller pric
Closing such that cancellation may be promptly obtained following Closing. Seller shall remain obligated to obtain any
Ilations following Closing.
must be delivered at Closing by GENERAL WARRANTY DEED unless otherwise stated herein, and must he fee sin
:table and insurable title,free of all encumbrances except: ad valorem taxes for the current year(prorated through the dat
ng); utility easements and unviolated restrictive covenants that do not materially affect the value of the Property; and
encumbrances as may be assumed or specifically approved by Buyer. The Property must have legal access to a public rigl
;IAL ASSESSMENTS: Seller warrants that there are no pending or confirmed governmental special assessments
,paving, water, sewer,or other improvements on or adjoining the Property, and no pending or confirmed owners' associa
>sessments,except as follows:AN OWNER'S ASSOCIATION WILL BE FORMED AND INITIAL FUNDING OF
D SHALL BE COLLECTED FROM BUYER AT CLOSING
gone" or the identification of such assessments, if any.) Seller shall pay all owners' association assessments and
:ntal assessments confirmed through the time of Closing, if any, and Buyer shall take title subject to all pending assessme
Mess otherwise agreed as follows:N/A
RATIONS AND ADJUSTMENTS: Unless otherwise provided, the following items shall be prorated and either adju:
the parties or paid at Closing: (a)Ad valorem taxes on real property shall be prorated on a calendar year basis through the
g; (b) All late listing penalties,if any, shall be paid by Seller, (c)Rents, if any, for the Property shall be prorated through
losing; (d) Owners' association dues and other like charges shall be prorated through the date of Closing. Seller represi
:gular owners' association dues,if any,are$ 139.00 per QUARTER .
:NSES: Unless otherwise agreed, Buyer shall be responsible for all costs with respect to any loan obtained by Buyer, I
tle insurance, recording the deed and for preparation and recording of all instruments required to secure the balance of
price unpaid at Closing. Seller shall pay for preparation of a deed and all other documents necessary to perform Sell
is under this agreement, and for excise tax(revenue stamps)required by law. Seller shall pay at Closing$ NONE
iy of Buyer's expenses associated with the purchase of the Property, including any FHANA lender and inspection costs 1
rot permitted to pay,but excluding any portion disapproved by Buyer's lender.
1ENCE OF TITLE: Seller agrees to use his best efforts to deliver to Buyer as soon as reasonably possible after the Effect
ris contract,copies of all title information in possession of or available to Seller, including but not limited to: title insura
ittorney's opinions on title, surveys,covenants, deeds,notes and deeds of trust and easements relating to the Property. Se
3 (I) any attorney presently or previously representing Seller to release and disclose any title insurance policy in si
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
ill 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
)R AND MATERIAL: Seller shall furnish at Closing an affidavit and indemnification agreement in form satisfactory
swing that all labor and materials, if any,furnished to the Property within 120 days prior to the date of Closing have been p
;Teeing to indemnify Buyer against all loss from any cause or claim arising therefrom.
iING: Closing shall be defined as the date and time of recording of the deed. All parties agree to execute any and
s and papers necessary in connection with Closing and transfer of title on or before December 31, 2005
designated by Buyer. The deed is to he made to AS BUYER DIRECTS
G SHALL CONSTITUTE ACCEPTANCE OF THE PROPERTY IN ITS THEN EXISTING CONDITION UNLE
[ON IS OTHERWISE MADE IN WRITING.
ESSION: Unless otherwise provided herein, possession shall be delivered at Closing. No alterations, excavations, t
r other such activities may be done before possession is delivered.
?ERTY INSPECTION,APPRAISAL,INVESTIGATION (Choose ONLY ONE of the following Alternatives):
3RNATNE 1:
Water, Utilities And Environmental Contingency: This contract is contingent upon Buyer obtaining reporttst that ti t
citable for Buyer's Intended Use, (ii) utilities and water are available to the Property, (iii) there is no environme
ation, law, rule or regulation that prohibits, restricts or limits Buyer's Intended Use, and (iv) there is no flood hazard
restricts or limits Buyer's Intended Use (collectively the "Reports"). All costs and expenses of obtaining the Reports shal
Buyer. Buyer shall use Buyer's best efforts to obtain such Reports. If the Reports cannot he obtained, Buyer may termi
act and the Earnest Money Deposit shall be refunded to Buyer. Buyer waives this condition unless Buyer provides wri
Seller by N/A that this condition cannot be satisfied,time being of the essei
System (check only ONE):
•has investigated.the costs and expenses to install the sewer system approved by the Improvement Permit attached here(
. and hereby approves and accepts said Improvement Permit.
represents that the system has been installed,which representation survives Closing,but makes no further representation
gem. Buyer acknowledges receipt of the Improvement Permit attached hereto as Exhibit A. Buyer shall have the option
3 or obtaining, at Buyer's expense, inspection(s)to determine the condition of the system. If the system is not performing
'or which intended and is in need of immediate repair,Buyer may terminate this Contract and the Earnest Money Deposit s
ed to Buyer.Buyer waives this condition unless Buyer provides written notice to Seller by N/A
,ondition cannot be satisfied,time being of the essence.
;ontract is contingent upon Buyer obtaining an Improvement Permit or written evaluation from the County Health Departn
')for a(check only ONE) ❑ conventional or ❑ other N/A gro
n sewage system for a bedroom home. All costs and expenses of obtaining such Permit or written evaluation s
by Buyer,except Seller,by no later than N/A • ,shall be responsible for clearing
f the Property required by the County to perform its tests and/or inspections. Buyer shall use Buyer's best efforts to oh
nit or written evaluation. If the ground absorption sewage system is not allowed, Buyer may terminate this contract and
Money Deposit shall be refunded to Buyer. Buyer waives this condition unless Buyer provides written notice to Seller
N/A that this condition cannot be satisfied,time being of the essence.
has investigated and approved the availability,costs and expenses to connect to a public or ❑ community sewer syst
•aisal Contingency: The Property must appraise at a value equal to or exceeding the purchase price or,at the option of Bu:
act may be terminated and all earnest monies shall be refunded to Buyer. If this contract is not subject to a financ
cy requiring an appraisal,Buyer shall arrange to have the appraisal completed on or before N/A
)f the appraisal shall be borne by Buyer.
SING SHALL CONSTITUTE ACCEPTANCE OF THE PROPERTY IN ITS THEN EXISTING CONDIT'
PROVISION IS OTHERWISE MADE IN WRITING.
;RNATIVE 2: (This Alternative applies ONLY ifAlternative 2 is checked AND Buyer has paid the Option Fee.)
erty Investigation with Option to Terminate: In consideration of the stun set forth in paragraph 2(c) paid by Buvei
t Escrow Agent) and other valuable consideration, the sufficiency of which is hereby acknowledged (the "Option Fel
tll have the right to terminate this contract for any reason or no reason, whether related to the physical condition of
or otherwise, by delivering to Seller written notice of termination (the "Termination Notice") by 5:00 p.m.
N/A ,time being of the essence (the "Option Termination Date"). At any time prior to Closi
ill have the right to inspect the Property at Buyer's expense (Buyer is advised to have all inspections and appraisals of
including but not limited to those matters set forth in Alternative 1,performed prior to the Option Termination Date).
rise of Option: If Buyer delivers the Termination Notice prior to the Option Termination Date, time being of the essence, t
hall become null and void and all earnest monies received in connection herewith shall be refunded to Buyer; however,
e will not be refunded and shall be retained by Seller. If Buyer fails to deliver the Termination Notice to Seller prior to
.rmination Date,then Buyer will be deemed to have accepted the Property in its physical condition existing as of the Opt
Dn Date;provided such acceptance shall not constitute a waiver of any rights Buyer has under paragraph 3. The Option Fei
able,is not a part of any earnest monies,and will be credited to the purchase price at Closing.
SING SHALL CONSTITUTE ACCEPTANCE OF THE PROPERTY IN ITS THEN EXISTING CONDITIt
PROVISION IS OTHERWISE MADE IN WRITING.
EIT OF ENTRY, RESTORATION AND INDEMNITY: Buyer and Buyer's agents and contractors shall have the iigl
>n the Property for the purpose of appraising the Property, and performing the tests and inspections permitted in this cont
terminates this contract as provided herein, Buyer shall, at Buyer's expense, restore the Property to substantially its pre-e
within thirty days of contract termination. Buyer will indemnify and hold Seller harmless from all loss, damage,claims.
which shall arise out of any contract, agreement, or injury to any person or property as a result of any activities of Buyer
agents and contractors relating to the Property. This indemnity shall survive this contract and any termination he
>tanding the foregoing, Seller shall be responsible for any loss,damage,claim,suit or cost arising out of pre-existing condit
operty and/or out of Seller's negligence or willful acts or omissions.
[ER PROVISIONS AND CONDITIONS: (ITEMIZE ALL ADDENDA TO THIS CONTRACT AND ATTACH HERE"
lED "EXHIBIT A" SHALL BECOME A PART OF THIS CONTRACT. BUYER AGREES TO CLOSE ON FAsp
12/10/2005 AND SECOND LOT BY 1/18/2006 1
V iv r ii& 4P t-f( ----j - "Crc.CC
C OF LOSS:The risk of loss or damage by fire or other casualty prior to Closing shall be upon Seller.
IGNMENTS: This contract may not be assigned without the written consent of all parties, but if assigned by agreement,
ract shall be binding on the assignee and his heirs and successors.
TIES: This contract shall be binding upon and shall inure to the benefit of the parties, i.e., Buyer and Seller and their h
rs and assigns. As used herein, words in the singular include the plural and the masculine includes the feminine and n<
as appropriate.
VIVAL: If any provision herein contained which by its nature and effect is required to be observed, kept or performed
ing, it shall survive the Closing and remain binding upon and for the benefit of the parties hereto until fully observed,ke
sd.
IRE AGREEMENT: This contract contains the entire agreement of the parties and there are no representations, inducem
provisions other than those expressed herein. All changes, additions or deletions hereto must be in writing and signed b:
nothing contained herein shall alter any agreement between a REALTOR® or broker and Seller or Buyer as contained in
;reement,buyer agency agreement,or any other agency agreement between them.
'ICE AND EXECUTION: Any notice or communication to be given to a party herein may be given to the party or to
gent. This offer shall become a binding contract(the "Effective Date")when signed by both Buyer and Seller and such sig
unicated to the offering party. This contract is executed under seal in signed multiple originals, all of which together const
the same instrument, with a signed original being retained by each party and each REALTOR® or broker hereto, and
dopt the word"SEAL" beside their signatures below.
cknowledges having made an on-site personal examination of the Property prior to the making of this offer.
)RTH CAROLINA ASSOCIATION OF REALTORS®, INC. AND THE NORTH CAROLINA BAR ASSOCIATION Mi
RESENTATION AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION OF THIS FORM IN P
:C TRANSACTION. IF YOU DO NOT UNDERSTAND THIS FORM OR FEEL THAT IT DOES NOT PROVIDE I
.EGAL NEEDS, YOU SHOULD CONSULT A NORTH CAROLINA REAL ESTATE ATTORNEY BEFORE YOU S
0 c Date: it-p7A)- OL-
(SEAL) Selle .� (SE
IMOTHY F THE RESORT A CEAN ISLE BEACH,LLC
h .21 S' Date:
0.24(e
. �—. (SEAL) Seller (SE
ARTI OWKER
Agent acknowledges receipt of the earnest money and agrees to hold and disburse the same in accordance with
Tent'. 11 ( ( —6
C) I 5 Firm: LILES AND GODBEY
- 7)
OLD op ND ezEE
W I v►H o�
\NATETL P26P' 2
DEV OF V\/ATE g.
I LAN TI pE
8'xZo FL0Am►*(3- oca-
/
Ilo'x4' f }MP
to x►O' PEE.I PP
\/ "V V/ \I/
23.ZS' 4' z 3.Z ' WE'[" I..�NO L►M►T
r- •