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HomeMy WebLinkAbout46156D - Hewett 'eAMA/ ❑DREDGE & FILL // 4 3ENERAL PERMIT Previous permit# New -Modification LComplete Reissue JPartial Reissue Date previous permit issued rized by the State of North Carolina,Department of Environment and Natural Resources � :oastal Resources Commission in an area of environmental concern pursuant to 15A NCAC 7,1/. /2 00 l+ftules attached. t Name Ne/�!f/i /I C 1-1/1 TT Project Location: County ea,,,�s(...t./j c it Y6 7/6", y ,51; Street Address/State Road/Lot#(s) /5L L.), 1 "O",/ss/ o ?©,,c A State "IC ZIP 275'6 9 5 f. La / 7i (910).. 2,9-45 69 Fax#( )/167, Subdivision l`j P Ref6a Y n / OcpfJr Z-fZ edAgent)-/�Sfic 4 /'7IAP/1 �i9/C City 0co4r iJZe ea9r4i ZIP 2 7514 ❑CW L P ❑ S ❑PTS Phone# ( ) River Basin Li,* ❑OEA ❑HHF ❑IH ❑UBA ❑N/A Adj.Wtr. Body 0[d sc ry N d C// ee a ( at/i ❑PWS: ❑FC: yes / ....-9;) PNA yes /6) Crit.Nab. yes / no Closest Maj.Wtr. Body /42/ w G✓ 'Project/Activity Pier V fr 1 ( C v et t2)Gt l( (Scale: .k)length 23 y //2 _y� 1 i ier(s) ngth I. Tiber j i I � e i/Riprap length �' fi I S 5,,,, f` ;distance offshore x distance offshore cannel i �— )ic yards 1 x / r 1 r. _ iP se/Boatlift L I 1 ifldozing Pel, { It Length 1-12/.2 not sure yes - ..c•_..:—__ y, N s: not sure yes cum: n/a yes no 1 yes , t f 4 .t__, I- kttached: yes no 1 .-_-� : I I r.v. ovn OCEAN ISLE BEACH, NC 28469 (910)575-3063 66-112/531 1/10/20 4 - PAY TO THE ORDER OF DEHNR $ * l00. 00 One Hundred and 00/106*************************-****** .. .************ ,Rg DEHNR 8 WIL.MINGTON REGIONAL OFFICE DIVISION OF COASTAL MANAGEMENT GPI/4 ' 127 CARDINAL DRIVE EXTENSION MEMoIkA/Gtt W I LM I NG,TON, NC c 8405—G845 ruaE " OO24590 1:053LOLL2LI: 529LL93413L -------------- - -------_ -_ --- - — JESSIE & MYERS CONSTRUCTION B T anking and Trost Chan, 4387 P.O. BOX 5024 OCEAN ISLE BEACH,NC 28469 (910)575-3063 66-112/531 1 1/30 `i ; 8 PAY TO THE ORDER OF DEHNR **3( i. 0i-J 0 3 Three Hundred and 00/10O************************************-****** ftARs DEHNR 8 W I LM I NGTON REGIONAL OFFICE Leuic-(- DIVISION OF COASTAL MANAGEMENT GPStk/Sd 127 CARDINAL DRIVE EXTENSION W I LM I NGTON, NC 28405-384 5 SIGNATURE MEMO 11'00438711' 1:053LOLL2Li:000529LL aLe OL.D SOUND CE-E W�v1H of \NATE.T- 9-2 o D\( DEvrAl OF WATEtz. Low -Tl 9E �� 2 fiz An N16- DCxx- 1 U,'x4' Pry'? 4' WET Llty\ DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM ame of Individual Applying For Permit: t- e.B-►'Vn eweit ddress of Property: 155 2 \NJ (Lot or Street #, Street or Road) OCQ V\ -IS 6, P)C- AA - BJLciL_ (City and County) iereby certify that I own property adjacent to the above-referenced..property. The individt plying for this permit has described to me as shown on the attached drawing the development th 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 Coast inagement,. 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 t 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. La40-€_, 11/ a* 1 Name D to DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM Name of Individual Applying For Permit: e - E( Address of Property: 155 2 \tJ - 11n1 Yd S--[1(62 (Lot or Street #, Street or Road) OCSLQ.va . be-26-1A - Bt'U vas lac c-1z— (City and County) I hereby certify that I own property adjacent to the above-referenced.property. The indivi applying for this permit has described to me as shown on the attached drawing the development are proposing. A description or drawing, with dimensions, should be provided with this lette L/ I have no objections to this proposal. :f you have objections to what is being proposed, please write the Division of Coa +Management,. 127 Cardinal Drive Extension, Wilmington, NC 28405 or call 910-395-3 vithin 10 days of receipt of this notice. No response is considered the same as no objectio ou have been notified by Certified Mail. WAIVER SECTION understand that a pier, dock, mooring pilings, breakwater, boat house or boat lift must bck a minimum distance of 15' from my area of riparian access - unless waived by me. ou 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. gnN e at 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 subdivid )t be used to sell subdivided property that has not been platted,approved and recorded. If Seller is Buyer's builder and the the construction of a new single family dwelling prior to closing,use the standard Offer to Purchase and Contract (Form New Construction Addendum(Form 2A3-T). HEATH HEWETT, BECKY HEWETT ,as Bi Ffers to purchase and THE RESORT AT OCEAN ISLE BEACH, LLC ,as S< eptance of said offer,agrees to sell and convey,all of that plot,piece or parcel of land described below(hereafter refelTed i lefty"),upon the following terms and conditions: L PROPERTY: Located in the City of OCEAN ISLE BEACH Df BRUNSWICK , State of North Carolina, being known as and more particularly describe ldress 152 WEST THIRD ST. OCEAN ISLE BEACH Zip 28469 ion Name THE RESORT AT OCEAN ISLE BEACH :rence:Lot ,Block or Section as show k or Slide at Page(s) (Property acquired by Seller in Deed Book at Page Prior to signing this Offer to Purchase and Contract - Vacant Lot/Land, Buyer is advised to review Restrictive Covenan may limit the use of the Property,and to read the Declaration of Restrictive Covenants,By-Laws,Articles of Incoipora d Regulations,and other governing documents of the owners'association and/or the subdivision,if applicable. CHASE PRICE: The purchase price is$ 600,000.00 and shall be paid as foil ,000.00 ,EARNEST MONEY DEPOSIT with this offer by ❑ cash ❑ personal check ❑ bank c :rtified check other: PAID WITH(7/22/05) RESERVATION AGREEMENT to be deposited and held in escro' LILES AND GODBEY ("Escrow Agent") until the sale is closed, at which time it will be credit( r, or until this contract is otherwise terminated. In the event: (1) this offer is not accepted; or(2) any of the conditions h( of satisfied, then all earnest monies shall be refunded to Buyer. In the event of breach of this contract by Seller, all ea: es shall be refunded to Buyer upon Buyer's request, but such return shall not affect any other remedies available to Buye breach. In the event of breach of this contract by Buyer, then all earnest monies shall be forfeited to Seller upon Se :st,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 ;r,the broker is required by state law to retain said earnest money in the broker's trust or escrow account until a written ref the parties consenting to its disposition has been obtained or until disbursement is ordered by a court of comp fiction. to,000.00 ,ADDITIONAL EARNEST MONEY DEPOSIT to be paid to Escrow Agent no later 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 of tive 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 exi s)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. 580,000.00 ,BALANCE of the purchase price in cash at Closing. DITIONS: (State N/A in each blank that is not a condition to this contract.) r must be able to obtain a ❑ Conventional ❑ Other: N/A loan xed Rate ❑ Adjustable Rate in the principal amount of N/A for a term of N/A year(s), I interest rate not to exceed N/A %per annum,with mortgage loan discount points not to exceed N/A %o mount.Buyer shall apply for said loan within N/A days of the Effective Date of this contract. Buyer shal cs best efforts to secure the lender's customary loan commitment letter on or before N/A a: y all terms and conditions of the loan commitment letter by Closing. After the above letter date, Seller may request in wr must be no restriction, easement, zoning or other governmental regulation that would prevent the reasonable use o1 rty for RESIDENTIAL — SINGLE FAMILY DWELLING purposes("Intended U roperty must be in substantially the same or better condition at Closing as on the date of this offer, reasonable wear and led. :eds of trust, liens and other charges against the Property, not assumed by Buyer, must be paid and satisfied by Seller losing such that cancellation may be promptly obtained following Closing. Seller shall remain obligated to obtain any llations following Closing. must be delivered at Closing by GENERAL WARRANTY DEED unless otherwise stated herein, and must be fee sii table and insurable title,free of all encumbrances except: ad valorem taxes for the current year(prorated through the da ig); 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 rig 'IAL ASSESSMENTS: Seller warrants that there are no pending or confirmed governmental special assessment: paving,water, sewer, or other improvements on or adjoining the Property, and no pending or confirmed owners' associ; ,sessments,except as follows:AN OWNER'S ASSOCIATION WILL BE FORMED AND INITIAL FUNDING OF ) SHALL BE COLLECTED FROM BUYER AT CLOSING alone" or the identification of such assessments, if any.) Seller shall pay all owners' association assessments am ;ntal assessments confirmed through the time of Closing,if any, and Buyer shall take title subject to all pending assessm less otherwise agreed as follows:N/A RATIONS AND ADJUSTMENTS: Unless otherwise provided, the following items shall be prorated and either adjr he 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 throug losing; (d) Owners' association dues and other like charges shall be prorated through the date of Closing. Seller repre: ;gular owners' association dues,if any,are$ 139.00 per QUARTER r,NSES: Unless otherwise agreed, Buyer shall be responsible for all costs with respect to any loan obtained by Buyer, tle insurance, recording the deed and for preparation and recording of all instruments required to secure the balance o price unpaid at Closing. Seller shall pay for preparation of a deed and all other documents necessary to perform Se 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 FHA/VA lender and inspection costs lot permitted to pay,but excluding any portion disapproved by Buyer's lender. ENCE OF TITLE: Seller agrees to use his best efforts to deliver to Buyer as soon as reasonably possible after the Effe Os contract, copies of all title information in possession of or available to Seller, including but not limited to: title insur attorney's opinions on title, surveys,covenants, deeds, notes and deeds of trust and easements relating to the Property. S s (1) any attorney presently or previously representing Seller to release and disclose any title insurance policy in 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 rll 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 satisfactoi )wing that all labor and materials,if any,furnished to the Property within 120 days prior to the date of Closing have been ;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. MI parties agree to execute any anc Ls and papers necessary in connection with Closing and transfer of title on or before December 31, 2005 designated by Buyer. The deed is to be made to AS BUYER DIRECTS G SHALL CONSTITUTE ACCEPTANCE OF THE PROPERTY IN ITS THEN EXISTING CONDITION UNL ION IS OTHERWISE MADE IN WRITING. ESSION: Unless otherwise provided herein, possession shall be delivered at Closing. No alterations, excavations, rr other such activities may be done before possession is delivered. PERTY INSPECTION,APPRAISAL,INVESTIGATION(Choose ONLY ONE of the following Alternatives): ERNATIVE 1: , Water, Utilities And Environmental Contingency: This contract is contingent upon Buyer obtaining reportts► that ti uitable for Buyer's Intended Use, (ii) utilities and water are available to the Property, (iii) there is no environmi cation, 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 she Buyer. Buyer shall use Buyer's best efforts to obtain such Reports. If the Reports cannot be obtained, Buyer may term ract and the Earnest Money Deposit shall be refunded to Buyer. Buyer waives this condition unless Buyer provides wi Seller by N/A that this condition cannot be satisfied,time being of the essi er System(check only ONE): :r 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. r represents that the system has been installed,which representation survives Closing, but makes no further representatio. 'stem. Buyer acknowledges receipt of the Improvement Permit attached hereto as Exhibit A. Buyer shall have the optic ig or obtaining, at Buyer's expense, inspection(s)to determine the condition of the system. If the system is not performin for which intended and is in need of immediate repair,Buyer may terminate this Contract and the Earnest Money Deposit Jed to Buyer.Buyer waives this condition unless Buyer provides written notice to Seller by N/A condition cannot be satisfied,time being of the essence. contract is contingent upon Buyer obtaining an Improvement Permit or written evaluation from the County Health Depart r")for a(check only ONE) ❑ conventional or ❑ other N/A xi sewage system for a N/A bedroom home.All costs and expenses of obtaining such Permit or written evaluation by Buyer,except Seller,by no later than N/A ,shall be responsible for clearin€ )f the Property required by the County to perform its tests and/or inspections. Buyer shall use Buyer's best efforts to o mit or written evaluation. If the ground absorption sewage system is not allowed, Buyer may terminate this contract an Money Deposit shall be refunded to Buyer. Buyer waives this condition unless Buyer provides written notice to Sell( N/A that this condition cannot be satisfied, time being of the essence. :r has investigated and approved the availability,costs and expenses to connect to a El public or ❑ community sewer sy: iraisal Contingency: The Property must appraise at a value equal to or exceeding the purchase price or, at the option of B tract may be terminated and all earnest monies shall be refunded to Buyer. If this contract is not subject to a finar ncy requiring an appraisal,Buyer shall arrange to have the appraisal completed on or before N/A of the appraisal shall be borne by Buyer. )SING SHALL CONSTITUTE ACCEPTANCE OF THE PROPERTY IN ITS THEN EXISTING CONDIT S PROVISION IS OTHERWISE MADE IN WRITING. 'ERNATIVE 2: (This Alternative applies ONLY if Alternative 2 is checked AND Buyer has paid the Option Fee.) perty Investigation with Option to Terminate: In consideration of the stun set forth in paragraph 2(c) paid by Buy Lot Escrow Agent) and other valuable consideration, the sufficiency of which is hereby acknowledged (the "Option F iall have the right to terminate this contract for any reason or no reason, whether related to the physical condition o 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 Clo iall have the right to inspect the Property at Buyer's expense (Buyer is advised to have all inspections and appraisals o ,including but not limited to those matters set forth in Alternative 1,performed prior to the Option Termination Date). rcise of Option: If Buyer delivers the Termination Notice prior to the Option Termination Date, time being of the essence shall become null and void and all earnest monies received in connection herewith shall be refunded to Buyer; however ree will not be refunded and shall be retained by Seller. If Buyer fails to deliver the Termination Notice to Seller prior t 'ermination Date,then Buyer will be deemed to have accepted the Property in its physical condition existing as of the 01 tion Date;provided such acceptance shall not constitute a waiver of any rights Buyer has under paragraph 3. The Option F tdable,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 CONDIT S PROVISION IS OTHERWISE MADE IN WRITING. IT OF ENTRY, RESTORATION AND INDEMNITY: Buyer and Buyer's agents and contractors shall have the rigl 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 Buyei agents and contractors relating to the Property. This indemnity shall survive this contract and any termination he Landing the foregoing, Seller shall be responsible for any loss,damage,claim,suit or cost arising out of pre-existing condil >perty 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' ED "EXHIBIT A" SHALL BECOME A PART OF THIS CONTRACT /'<< �u.ykC( Y f o- -- c' ri be';‘,) ab« Oeless "— Qerw%.:'b -to (0,, IC/ try pr. /."t1 %D,IG, :OF LOSS: The risk of loss or damage by fire or other casualty prior to Closing shall be upon Seller. GNMENTS: This contract may not be assigned without the written consent of all'parties, but if assigned by agreement, act shall be binding on the assignee and his heirs and successors. • CIES: This contract shall be binding upon and shall inure to the benefit of the parties, i.e., Buyer and Seller and their h -s 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 ng, it shall survive the Closing and remain binding upon and for the benefit of the parties hereto until fully observed, ke d. IRE AGREEMENT: This contract contains the entire agreement of the parties and there are no representations, inducer provisions other than those expressed herein. All changes, additions or deletions hereto must be in writing and signed b Tothing 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 ent. This offer shall become a binding contract(the "Effective Date")when signed by both Buyer and Seller and such si@ inicated 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, am lopt the word"SEAL" beside their signatures below. :knowledges 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 M, RESENTATION AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION OF TI-IIS FORM IN i C TRANSACTION. IF YOU DO NOT UNDERSTAND THIS FORM OR FEEL THAT IT DOES NOT PROVIDE ,EGAL NEEDS, YOU SHOULD CONSULT A NORTH CAROLINA REAL ESTATE ATTORNEY BEFORE YOU S ///( h S Date: 41ea..Z �' (SEAL) Sell (SE EHEWETT RESORT AT OCEAN ISLE BEACH Date: LezdA: (SEAL) Seller (SE ECKY +WETT Agent acknowledges receipt of the earnest money and agrees to hold and disburse the same in accordance with reof. g_-G I"05 Finm LILES AND GODBEY "EXHIBIT A" ADDENDUM TO VACANT LOT OFFER TO PURCHASE AND CONTRACT Prepared by Seller BUYER: SELLER: THE RESORT AT OCEAN ISLE BEACH, LLC. PROPERTY: LOT , THE RESORT AT OCEAN ISLE BEACH 1) BUYER ACKNOWLEDGES RECEIPT OF SUBDIVISION MAP, DECLARATION, BY-LAWS AND PROJECTED BUDGET. BUYER AFFIRMS THAT THE SAME HAS BEEN READ, UNDERSTOOD AND APPROVED BY BUYER. 2)NOTWITHSTANDING ANY UNUSUAL EVENTS OR ACTS OF GOD THAT CAUSES UNEXPECTED DELAYS, SELLER AGREES THAT (a) ALL NECESSARY STREETS AND UTILITIES SHALL BE COMPLETED ON OR ABOUT MARCH 31, 2006 AND THAT SELLER HAS SECURED AN IRREVOCABLE LETTER OF CREDIT IN FAVOR OF THE TOWN OF OCEAN ISLE BEACH GUARANTEEING COMPLETION OF STREETS AND UTILITIES TO TOWN SPECIFICATIONS (b) THE OCEAN-FRONT BEACH CLUB WITH SWIMMING POOL AND THE SOUND- FRONT CRAB DOCK SHALL BE COMPLETED ON OR ABOUT JUNE 1, 2006. The provisions of Paragraph 9 with respect to the acceptance of the property in its present condition do not apply to this paragraph. If there is an unusual event or act of God that causes a substantial delay for the installation of the utilities (and in particular the sewer system), then Seller and Buyer agree to cooperate to extend the time accordingly to begin construction of the dwelling. 3) BUYER ACKNOWLEDGES THAT THE PROPERTY IS LOCATED IN A FLOOD HAZARD ZONE AND THAT IT MAY BE NECESSARY TO PURCHASE FLOOD INSURANCE FOR ANY DWELLING CONSTRUCTED ON THE PROPERTY. 4) AS PER A RESERVATION AGREEMENT BETWEEN THE PARTIES DATED , BUYER or his Successor AGREES TO ENTER INTO A SEPARATE CONTRACT WITH JESSIE&MYERS CONSTRUCTION COMPANY, INC. FOR THE CONSTRUCTION OF A SINGLE FAMILY DWELLING ON THE PROPERTY and the time for the contracting of construction is extended from 12 months to 24 months following the closing of the purchase of the lot. ACKNOWLEDGED AND AGREED • Se 4-, BUYER SELLER Date )I kOk j `134,4v AkeiL BUYER J Date II I i& Cs Date // -elle