HomeMy WebLinkAbout43238D - Bonkemeyer 1 '7 if,„?..----, :
►MA/ Li DREDGE & FILL
3ENERAL PERMIT Previous permit#
New Modification t=!Lromplete Reissue Partial 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 ISA NCAC 74 1200
CAales attached.
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j'QAMA/ ❑DREDGE & FILL N
;/ ENERAL PERMIT Previous permit#
New ilModification ❑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 SA NCAC 711./20C.,
❑Rules attached.
:Name AAQ/¢ &Ili ke/i.te yct j kid PliY-5 iin
4n Project Location: County ejScc�i 2 L
k Morns R(Dek l U Street Address/State Road/Lot#(s) kg 8l/i
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ms 1 and/or 2 for additional services. I also wish to receive the
ms 3,4a,and 4b. following services(for an
ime and address on the reverse of this form so that we can return this extra fee):
ai
)rm to the front of the mailpiece,or on the back if space does not 1. ❑ Addressee's Address
r Receipt Requested'on the mailpiece below the article number. 2. ❑ Restricted Delivery N
Receipt will show to whom the article was delivered and the date
Consult postmaster for fee. .-
idressed to: 14a.Article Number
7002 3150 0004 0319 3608
11 Murphy 4b.Service Type
Greymont Dr. ❑ Registered 0 Certified °C
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?viiie, VA 20120 ❑ Express Mail ❑ Insured H
0 Return Receipt for Merchandise 0 COD
7.Date of Delivery
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I By: (Print Name) 8.Addressee's Address(Only if requested c
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(Addressee or A enOi
311, December 1994 - ' Domestic Return Receipt
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lems 1 and/or 2 for additional services. I also wish to receive the
lems 3,4a,and 4b. following services(for an
lame and address on the reverse of this form so that we can return this extra fee):
ai
form to the front of the mailpiece,or on the back if space does not 1. ❑ Addressee's Address
rn Receipt Requested'on the mailpiece below the article number. 2. 0 Restricted Delivery N
Receipt will show to whom the article was delivered and the date ,..
Consult postmaster for fee. .
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UNITED STATES POSTAL SERVICE �U I L C
PM
• Print your nar e,p61 es`', and ZIP£ode-iri"tfiis'b`or.
■,.,
Brunswick Surveying, Inc.
1027 Sabbath Home Rd.,SW
Supply,NC 28462 •
(910)842-9392
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UNITED STATES POSTAL SERVICEN t�;j VA 220 /pa
19 NOV 2005 PM 5 T
• Print your name, address, and ZIP Code fox•
Brunswick Surveying, Inc.
1027 Sabbath Home Rd.,SW
Supply,NC 28462 •
(910)842-9392
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1
ADJACENT RIPARIAN PROPERTY OWNER STATEMENT
(FOR A PIER)
I hereby certify that I own property adjacent to Martha Jane Bonkemeyer and Jeff
Ammon's property located at 894& 896 Ocean Blvd. West, Lots 104 & 105 Harbor
Acres Sub. , on_Canal No. 2 , in Holden Beach ,N.C.
(Water Body) (Town and/or county)
They have described to me, as shown below,the development they are proposing at the
location, and I have no objections to their proposal. I understand that a pier must be set
back a minimum distance of fifteen feet, (15'), from my area of riparian access unless
waived by me. No response after ten days from receipt of this notification will be
considered as no objection to the proposal.
Please initial one: • Q / �// (�/
rs/,I d-�wish to waive that set back requirement.-MJ �✓
do wish to waive that setback requirement.
DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT:
(To be filled in by individual proposing development)
See Attachment
Signature
Print or Type Name
``%%M i 11////.•
HEREBY CERTIFY THAT THE ATTACHED PLAT OF •\ GAR ,j
;URVEY IS A TRUE AND CORRECT REPRESENTATION N •„ , .OVA ,/,
IF LAND SURVEYED AND PLATTED UNDER MY SUPERVI JQ.. '.e$Si5'.•.2 ��
IND IS IN ACCORDANCE WITH THE STANDARDS OF Q I
RAC ICE FOR LAND SURVEYING IN NORTH CAROLINA1.Ja? ,r ••
. r
r•- EM-
1� l�_f 1 r1,3474 S _
IARY L. GU GANUS, PLS L 3474 DATE • �, f/) e Cr)
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/ - N
LOT °��e t/1 Gy es�� a o
111 I z
z
10
o"
Z
Q
I CANAL NO. 2 I — Z
07o
N
LOT I u
z o
110
I I
— LOT
---\ 100
I I — —
LOT A____ _ _ — — — —
109 EXISTING I
FLOATING EXISTING
IAXINE B. WILLIAMS DOCK FLOATING DOCK LOT
ED BOOK 1207-938 I ,I Mi— 101
I111-1".' RUSSELL MURPHY, ET AL
Ilr PR@POSE I (REPUTED OWNER)
/ FL ATINGCK DEED BOOK 1495-362
- — (219 SQ. FT.
EXISTING 111.000 N.
EXISTING
STATIONARY STATIONARY
LOT DOCK .I-41
DOCK
/ ��, is' RIPARIAN
108 SETBACK ____—
it ,1 LIN BACK CORRIDOR LINE
(INE B. WILLIAMS LINE
BOOK 1207-938 _ �— .
r _ _
I `` -:. ------\--
-
RIPARIAN l�//�- �44.66 3. EIP
CORRIDOR LINE I/ EIP ��a 48 1 39 E I
_ - N82 03
- PROPOSED PROPOSED I
EXISTING STATIONARY DECK STATIONARY DECK
I BULKHEAD
LOT I
I LOT 103 I
LOT z 104co
o 894 0.-.r 1 105 c0 /rvicrir.ir c0 N I
FAX NO. :9108429240 Nov. 28 2005 09:16AM P1
OFFER TO PURCHASE AND CONTRACT-VACANT LANDfLOT
This contract is intended for unimproved real property that Buyer will purchase only for personal use and will not subdivk
d not be used to sell subdivided property that has not been platted,approved and recorded. If Seller is Buyer's builder audi
elves the construction of a new single family dwelling prior to closing, use the standard Offer to Purchase and Contract(Fo
lb the New Construction Addendum(Form 2A3-1).
leffrey_61.Ammons . as Buy
)ffers to purchase and___ Sweetwater Investments_11 ,as Sell,
ceptance 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:
L PROPERTY:Located in the City of Holden.13.each ,Count]
, State of North Carolina,being known as and more particularly described
,ddress 006.&89.8..Qpftn.131vd,We,st Zip.. . .28462
sion Name_ Harbor Acres
erenee: Lot 105&106 ,Block or Section HABATX18.parcel 246AD028.. as shown on
Dk or Slide _f9#5 _.....at Page(s) 1078 (Property acquired by Seller in Deed Book at P
Prior to signing this Offer to Purchase and Contract-Vacant Lot/Land,Buyer is advised to review Restrictive Covenants
iich may limit the use of the Property, and to read the Declaration of Restrictive Covenants, By-Laws, Articles
ration,Rules and Regulations,and other governing documents of the owners'association and/or the subdivision,if applicab
;CHASE PRICE:The purchase price is$ / /00 000.00 and shall be I
,EARNEST MONEY DEPOSIT with this offer by El cash El personal che
)ank check 11 certified check H other: to be deposii
I held in escrow by Coastal Development&Realty ("Escrow Agent")until the s
losed, at which time it will be credited to Buyer,or until this contract is otherwise terminated. In the event:(1)this offer is
epted;or(2)any of the conditions hereto are not satisfied,then all earnest monies shall be refunded to Buyer. In the event
ach of this contract by Seller,all earnest monies shall he refunded to Buyer upon Buyer's request, but such return shall:
:et any other remedies available to Buyer for such breach. In the event of breach of this contract by Buyer,then all earn
vies shall be forfeited to Seller upon Seller's request,but such forfeiture shall not affect any other remedies available to Sel
such breach.
1TE: In the event of a dispute between Seller and Buyer over the return or forfeiture of earnest money held in escrow b:
ker, the broker is required by state law to retain said earnest money in the broker's trust or escrow account until a write
ase from the parties consenting to its disposition has been obtained or until disbursement is ordered by a court of compel'
sdiction.
ADDITIONAL EARNEST MONEY DEPOSIT to be paid to Escrow Agent no later than
,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 t
fective 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 existing loan
aced 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.
1,096,000.00 ,BALANCE of the purchase price in cash at Closing.
4DITIONS: (State N/A in each blank that is not a condition to this contract.)
'er must be able to obtain a I 1Conventional H Other: loan at a 11Fixed Rate El Adjustable
he principal amount of n/a for a term of n/a year(s),at an initial interest rate not
eed %per annum, with mortgage loan discount points not to exceed n/a %of the loan amount. Buyer sh
. _
FAX N0. :9108429240 Nov. 28 2005 09:17AM P2
the loan commitment letter. if Buyer fails to provide Seller a copy of the loan commitment letter or a written waiver of
►n condition within five days of receipt of Seller's request,Seller may terminate this contract by written notice to Buyer at
ie thereafter,provided Seller has not then received a copy of the letter or the waiver.
ere must be no restriction,easement,zoning or other governmental regulation that would prevent the reasonable use of
iperty for ...___._._. t ki .ntlal. purposes ("Intent
Property must be in substantially the same or better condition at Closing as on the date of this offer,reasonable wear and
opted.
deeds of trust, liens and other charges against the Property, not assumed by Buyer,must be paid and satisfied by Seller p
►r at Closing such that cancellation may be promptly obtained following Closing. Seller shall remain obligated to obtain
h cancellations following Closing.
le must be delivered at Closing by GENERAL WARRANTY DEED unless otherwise stated herein,and must be fee sin
rketable and insurable title, free of all encumbrances except: ad valorem taxes for the current year(prorated through the da
sing); utility easements and unviolated restrictive covenants that do not materially affect the value of the Property; and s
er encumbrances as may be assumed or specifically approved by Buyer. The Property must have legal access to a public r
vay.
.CIA', ASSESSMENTS: Seller warrants that there are no pending or confirmed governmental special assessments
k,paving,water,sewer,or other improvements on or adjoining the Property,and no pending or confirmed owners'associal
assessments,except as follows: This subject property is under one parcel number;the sewer share fee has been paid
one site. Should the buyer want to improve both sites another sewer fee will due to the Town of Holden Beach.
"None" or the identification of such assessments, if any.) Seller shall pay all owners' association assessme and
iental assessments confirmed through the time of Closing,if any,and Buyer shall take title subject to all pending assessme
nless otherwise agreed as follows
IRATIONS AND ADJUSTMENTS:Unless otherwise provided,the following items shall be prorated and either adju5
i the parties or paid at Closing: (a)Ad valorem taxes on real property shall be prorated on a calendar year basis through
losing;(b) All late listing penalties,if any,shall be paid by Seller;(c)Rents,if any,for the Property shall be prorated thrc
of Closing; (d)Owners'association dues and other like charges shall be prorated through the date of Closing. Se
its that the regular owners'association dues, if any,arc$ Ma per
'ENSES: Unless otherwise agreed, Buyer shall be responsible for all costs with respect to any loan obtained by Buyer,1
title insurance,recording the deed and for preparation and recording of all instruments required to secure the balance of
e price unpaid at Closing. Seller shall pay for preparation of a deed and all other documents necessary to perform Sell
ms under this agreement, and for excise tax(revenue stamps)required by law. Seller shall pay at Closing$ n/a
my of Buyer's expenses associated with the purchase of the Property,including any FHA/VA lender and inspection costs
not permitted to pay,but excluding any portion disapproved by Buyer's lender.
l)ENCE OF TITLE: Seller agrees to use his best efforts to deliver to Buyer as soon as reasonably possible after the Effec
this contract,copies of all title information in possession of or available to Seller,including but not limited to:title insura
,attorney's opinions on title, surveys,covenants, deeds,notes and deeds of trust and easements relating to the Property. Se
:os (1)any attorney presently or previously representing Seller to release and disclose any title insurance policy in si
'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
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
s.
OR AND MATERIAL: Seller shall furnish at Closing an affidavit and indemnification agreement in form satisfactor;
bowing that all labor and materials,if any,furnished to the Property within 120 days prior to the date of Closing have b
and agreeing to indemnify Buyer against all loss from any cause or claim arising therefrom.
SING:Closing shall be defined as the date and time of recording of the deed. All parties agree to execute any and
'its and papers necessary in connection with Closing and transfer of title on or before ...,.. ..._____. _.February3, 200E
e designated by Buyer. The deed is to be made to Jeffrey M._Ammons and/or assigns
LTG SHALL CONSTITUTE ACCEPTANCE OF THE PROPERTY IN ITS THEN ri'Y'TCTrNl:Cntvnrrinrr Erna>r
FAX NO. :9108429240 Nov. 28 2005 09: 17AM P3
.OPERTY INSPECTION,APPRAISAL,INVESTIGATION(Choose ONLY ONE of the following Alternatives):
TERNATIVE):
I,Water,Utilities And Environmental Contingency: This contract is contingent upon Buyer obtaining report(s)that(i
suitable for Buyer's Intended Use, (ii) utilities and water are available to the Property, (iii)there is no environme
ination, law,rule or regulation that prohibits, restricts or limits Buyer's Intended Use, and(iv)there is no flood hazard
is,restricts or limits Buyer's Intended Use(collectively the"Reports"). All costs and expenses of obtaining the Reports s
to by Buyer. Buyer shall use Buyer's best efforts to obtain such Reports. If the Reports cannot be obtained,Buyer i
to this contract and the Earnest Money Deposit shall be refunded to Buyer. Buyer waives this condition unless Buyer pros
notice to Seller by —. . _ n/a that this condition cannot be satisfied, time being of
ver System(check only ONE):
:r has investigated the costs and expenses to install the sewer system approved by the Improvement Permit attached beret
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 representation
ystem. Buyer acknowledges receipt of the Improvement Permit attached hereto as Exhibit A. Buyer shall have the optio
ng or obtaining,at Buyer's expense,inspection(s)to determine the condition of the system. If the system is not performing
a for which intended and is in need of immediate repair, Buyer may terminate this Contract and the Earnest Money Dep
►e 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.
contract is contingent upon.Buyer obtaining an Improvement Permit or written evalution from the County Health Depat'tn
ty") for a(check only ONE) Ll conventional or other n/a
ion sewage system for a ., n/a_bedroom home.All costs and expenses of obtaining such Permit or written evaluation s
e by Buyer, except Seller, by no later than n/a , shall be responsible for clearing that portio
)erty required by the County to perform its tests and/or inspections. Buyer shall use Buyer's best efforts to obtain such Pe.
en evaluation.If the ground absorption sewage system is not allowed, Buyer may terminate this contract and the Ean
Deposit shall be refunded to Buyer. Buyer waives this condition unless Buyer provides written notice to Sellet
n/a.._ that this condition cannot he satisfied,time being of the essence.
r has investigated and approved the availability,costs and expenses to connect to a n public or 0 community sewer syst
praisal Contingency: The Property must appraise at a value equal to or exceeding the purchase price or, at the optio
his contract may be terminated and all earnest monies shall be refunded to Buyer. If this contract is not subject to a flaw
sncy requiring an appraisal, Buyer shall arrange to have the appraisal completed on or before n/a
t of the appraisal shall be borne by Buyer. —
,OSING SHALL CONSTTURE ACCEPTANCE OF THE PROPERTY IN ITS THEN EXISTING CONDIT1
iS P.ROVISION IS OTHERWISE MADE IN WRITING.
TERNATIVE 2: (This alternative applies ONLY if Alternative 2 is checked AND Buyer has paid the Option Fen)
party Investigation with Option to Terminate: In consideration of the sum set forth in paragraph 2(c) paid by Buye
not Escrow Agent) and other valuable consideration, the sufficiency of which Is hereby acknowledged (the "Opi
Buyer shall have the right to terminate this contract for any reason or no reason, whether related to the physi
In of the Property or otherwise,by delivering to Seller written notice of termination(the"Termination Notice")by 5:00 r
20 , time being of the essence (the"Option Termination Date"). At any time prior to Closi
hall have the right to inspect the Property at Buyer's expense(Buyer is advised to have all inspections and appraisals of
r, including but not limited to those matters set forth in Alternative 1, performed prior to the Option.Termination Date).
srclse of Option: If Buyer delivers the Termination Notice prior to the Option Termination Date, time being of Me essi
tract shall become null and void and all earnest monies received in connection herewith shall be rellinded to Buyer;howe
on Fee will not be refunded and shall be retained by Seller. If Buyer fails to deliver the Termination Notice to Seller prio
Ion Termination Date,then Buyer will be deemed to have accepted the Property in its physical condition existing as of
Termination Date;provided such acceptance shall not constitute a waiver of any rights Buyer has under paragraph 3. '
lee is not refundable,is not a part of any earnest monies,and will be credited to the purchase price at Cimino_
FAX N0. :9108429240 Nov. 28 2005 09: 18AM P4
IGHT OF ENTRY,RESTORATION AND INDEMNITY: Buyer and Buyer's agents and contractors shall have the rigl
ipon the Property for the purpose of appraising the Property,and performing the tests and inspections permitted in this conti
sr terminates this contract as provided herein,Buyer shall,at Buyer's expense,restore the Property to substantially its pre-e
km within thirty days of contract termination.Buyer will indemnify and hold Seller harmless from all loss,damage,clai
r costs,which shall arise out of any contract,agreement,or injury to any person or property as a result of any activities of B
iyer's agents and contractors relating to the Property. This indemnity shall survive this contract and any termination her
thstanding the foregoing, Seller shall be responsible for any loss, damage, claim, suit or cost arising out of pre-oxisi
ons of the Property and/or out of Seller's negligence or willful acts or omissions.
THER PROVISIONS AND CONDITIONS: (ITEMIZE ALL ADDENDA TO THIS CONTRACT AND ATTA
r0.)(a)Sailor to provide currant septic permits for both lots, (b)Offer to condltonal on buyer being able to work out a sailsfactory
Wont with the neighbors fora docking facility for subject property.(ex �-,� ysc.......T,r- .,. ._r„E ., ,
+dsy444r096.(d)Contingent on both lots being buildable by Town of MB guidelines.(a)Seiler is a NC Licensed RE Broker.
SK OF'LOSS: The risk of loss or damage by fire or other casualty prior to Closing shall be upon Seller.
SIGNMENTS: This contract may not be assigned without the written consent of all parties, but if assigned by agreement,
itract shall be binding on the assignee and his heirs and successors.
ATMES:This contract shall be binding upon and shall inure to the benefit of the parties, Le,Buyer and Seller and their he
;ors and assigns. As used herein,words in the singular include the plural and the masculine includes the feminine and net
s,as appropriate.
RVIVAL:if any provision herein contained which by its nature and effect is required to be observed,kept or performed a:
sing,it shall survive the Closing and remain binding upon and for the benefit of the parties hereto until fully observed,kepi
led.
TIRE AGREEMENT: This contract contains the entire agreement of the parties and there aro no representation
Seats or other provisions other than those expressed herein. All changes,additions or deletions hereto must be in writing t
by all parties. Nbthing contained herein shall alter any agreement between a REALTOR.®or broker and Seller or Buyet
in any listing agreement,buyer agency agreement,or any other agency agreement between them.
ITICE AND EXECUTION: Any notice or communication to be given to a party herein may he given to the party or to si
agent. This offer shall become a binding contract(the"Effective Date")when signed by both Buyer and Seller and su
is communicated to the offering party. This contract is executed under seal in signed multiple originals,all of which togetl
to one and the same instrument,with a signed original being retained by each.party and each REALTOR®or broker her
parties adopt the word"SEAL"beside their signatures below.
acknowledges having made an on-site personal examination of the Property prior to the making of this offer.
DRTH CAROLINA ASSOCIATION OF REALTORS®, INC. AND THE NORTH CAROLINA BAR ASSOCIATIC
NO REPRESENTATION AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION OF THIS FORM
'ECIFIC TRANSACTION. IF YOU DO NOT UNDERSTAND THIS FORM OR.FEEL THAT IT DOES NOT PROVII
)UR LEGAL NEEDS,YOU SHOULD CONSULT A NORTH CAROLINA REAL ESTATE ATTORNEY BEFORE YC
ovember 9._2005. _— Date:---. __November 3,2005
(SEAL) Seller `P-- `
--- � (SEA'
effrey M.Ammons Sweetwater Investments LI
Date:
(SEAL) Seller (SEAL
Agent acknowledges receipt of the earnest money and agrees to hold and disburse the same in accordance with tl
-.. _ ....-.._- Fi spy
Zar-
13134
BRUNSWICK SURVEYING INC. BRANCH BANKING AND TRUST COMPANY
1027 SABBATH HOME ROAD SW 910-842-9392 SUPPLY,NORTH CAROLINA
SUPPLY,NC 28462 66-112-531
11/28/2005
tot e
order of D.E.N.R '100.00 °
One Hundred and 00/100**************************************************************************************** DOLLRR,5
- a
D.E.N.R
127 Cardinal Drive Ext.
Wilmington,NC 28405
rir_rA0 P y 3 2 3 g' D ( TWAI3
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