HomeMy WebLinkAbout40983D - Clark 'LAMA / DREDGE & FILL N9 4
BEN ERAL 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/ /7/240
n (� t S /114r/Zc f pt(LG ❑Rules attached.
:Name K(9DA e/ Cade_ (80,4 RA)�ATT�wf Project Location: County Fa-(/NSal(C
/ �S�r�2� Street Address/State Road/Lot#(s)
State _-ZIP 2657 .t/ fife-A, ado(
( ) Fax# ( ) Subdivision (./CAA) 'R7ff7" '
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wr w [(w A ❑ES ❑PTS P vUAiG Phone++++# ( ) River Basin Ll/M9.
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no yes / PNA yes /C"✓ Crit.Hab. yes / no Closest Maj.Wtr. Body /l/ t --
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(0I X '4' FLOAT l A�6, f AT F (Scale: /
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distance offshore 1
c distance offshore t X/ST' t.f f3Q-'1 j_ ''/V' ie_-j - ,, /y' 't+r
annel /(/LET (C' g)(C2ds✓ � Firm° •1111111' /
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1AR-30-2005 14:47 COASTAL DEVELOPMENT HE 9108423939 P.01/0
Coastal Fg AL mr.
Development Date: ,g/ A 5
& Realty Time:
Homes people talk about. To: erYd----,
Holden Beach: 131 Ocean Blvd.West Fax: a a ' 94 l 3330
Holden Beach,NC 28462
Phone: 1-800-262-7820 From: taiSikk
1-910-842-4939 h �i
Fax: 1-910-842-3939 Fax: CI Jf) ' Vial 7 q_ —
Email: coastal_dev@atmc.net Re: a‘,,5 ! ,s1.,;;A:,,cas„- R
Web: www.HoldenBeach.com This fax is pages including the cover sheet.
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19R-30-2005 11:46 COASTAL DEVELOPMENT HE 9108423939 P.01/1
Coastal ir m
Development Date: 3/30/65
& Realty Time:
Homes people talk about. To: ar
Holden Beach: 131 Ocean Blvd.West Fax: a 5 a - 1t4i -3330
Holden Beach,NC 28462
Phone: l-800-262-7820 From: acit
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1-910-842-4939
Fax: 1-910-842-3939 Fax: f Jd ' o l A -JO
Email: coastal dev@atmc.net Re: A, 5 1 `14dcl Sva_
Web: www.HoldenBeach.com This fax is pages including the cover sheet.
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AR-30-2005 11:46 COASTAL DEVELOPMENT HE 9108423939 P.02/11
DIVISION OF COkSTAL M.ANAGEMENO /WAIVER
A41,6.CENT RIPARIAN PROPERTY OWNER NOTTrICAT
Applying C
Name of Individual A l inS For Permit'
•
Address of Property; Lok-
(Lot or Street#, Street or Road)
(City• and County)
I hereby certify that I. own property adjacent to the above-referenced property. The individual.
applying for this permit has described to me as shown on the attached drawing the development they
are proposing. A description or drawing, with dimensions, should be provided with this letter.
/..1/ I have no objections to this proposal.
If you have objections to what is being proposed, please write the Division of Coastal
Management, 127 Cardinal Drive Extension, Wilmington, NC 28405 or call 910-395.3900
within 10 days of receipt of this notice. No response is considered the same as no objection if
you have been notified by Certified Mail.
WAIVER SECTION
I understand that a pier, dock, mooring pilings, breakwater, boat house or boat lift must be set
bck a minimum distance of 1.5' from my area of riparian access- unless waived by me. (If you
wish to waive the setback, you must initial the appropriate blank below.)
1 do wish to waive the 15' setback requirement.
I do not wish to waive the 15' setback requirement.
'ign Name Date
„v4A(,,Z.57-6,e)
Print Name ,,�
\ I II II I I rauuu,w...a-iv !
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•Sender: Please print your name,address, and ZIP+4 in this box•
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RECE1vFD RECEIVED
MAR 1 1 2085 M ,. I ''''15
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9108423939 P.04/11
AR-30-2005 11:46 COASTAL DEVELOPMENT HB
•
e ER:COMPLETE THIS SECTION COMPLETE THIS SEC LION ON DELIVERY •
impleta items 1,2,and 3.Also complete A. Si. - fe
m 4 if Restricted Delivery is desired. • D Agent
int your name and address on the reverse 0 Addressee
that we can return the Card to you. B. •ecelved by(-rinted Name) C. Date of Delivery
tech this card to the back of the mailpiece,
on the front if space permits. _ O. Is delClsdiffefdnt ten 1? ❑Yes
;de Addressed to: If tar et : 0 No
,Au35on �ipltln R
7C)1 �� M () $ 200
�� a, ervic TYPE
\L Certfi Mail 0 Ex 3 Mai
❑ ist eturn ipt for Merchandise
❑Ins M . .0•
4. Restricted De ivdty? fie Fee) 0 Yes
cle Number 1001 C3&Q 04455 CO10 3464
meter from service label) •
irm 3811,August 2001 Domestic Return Receipt 102505-01-M-2500
MAR-30-2005 11:47 COASTAL DEVELOPMENT HE 9108423939 P.05/
VACANT LOT OFFER TO PURCHASE AND CONTRACT
NOTE:This contract is intended for use only for lots which have been developed pursuant to a Subdivision Ordinance adopt'
City or County and for which a plat has been recorded in the Office of the Register of Deeds in the county in which the prof
located. If Seller is Buyer's builder and the sale involves the construction of a new single family dwelling prior to closing,i
standard Offer to Purchase and Contract(Form 2)with the New Construction Addendum(Form 2A3).
_,__...._ RodneiLD,.in(iiSyn#hia E.Clark --- - ,as
hereby offers to purchase and R b_S, ews Properties,.LLC as
upon acceptance of said offer,agrees to sell and convey,all of that plot,piece or parcel of land described below(hereafter refei
as the"Property"),upon the following terms and conditions:
1.REAL PROPERTY: Located in the City of _ ,Cc
Brunswick ,State of North Carolina,being known as and more particularly descri
Street Address SeaShore Drive,Supply. ..., Zip__28di
Subdivision Name,_ Pelican Point
Plat Reference:Lot.__— 14 _,_w,Block or Section _,. as show
Nat Book or Slide _ _.__..,,,,.,I<8.___.—at Page(s) 5/0 .(Property acquired by Seiler in Deed Book_ 1459
0707 ).
NOTE: Prior to signing this Vacant Lot Offer to Purchase and Contract,Buyer is advised to review Restrictive Covenants,
which may limit the use of the Property,and to read the Declaration of Restrictive Covenants,By-Laws,Articles of Incorpc
Rules and Regulations,and other governing documents of the owners'association and/or the subdivision,if applicable.
2. PURCHASE PRICE:The purchase price is$ _ 535.000 and shall
as follows:
(a)S 2.500.00 ,EARNEST MONEY DEPOSIT with this offer by 0 cash Xpersonal
bank check El certified check❑other: to be del
and held in escrow by Coastal Qeyfllopment&Reiff ,, ,("Escrow Agent")until t
is closed,at which time it will be credited to Buyer,or until this contract is otherwise terminated. In the event:(1)this off(
accepted;or(2)any of the conditions hereto are not satisfied,then all earnest monies shall be returned to Buyer. In the e
breach of this contract by Seller,upon Buyer's request,all earnest monies shall be returned to Buyer,but such return sb
affect any other remedies available to Buyer for such breach. In the event this offer is accepted and Buyer breaches this cc
then all earnest monies shall be forfeited upon Seller's request,but receipt of such forfeited earnest monies shall not afff
other remedies available to Seller for such breach.
NOTE: In the event of a dispute between Seller and Buyer over the return or forfeiture of earnest money held in escro
broker,the broker is required by state law to retain said earnest money in the broker's trust or escrow account until a
release from the parties consenting to its disposition has been obtained or until disbursement is ordered by a court of con
jurisdiction.
(b) $ n/a ,ADDITIONAL EARNEST MONEY DEPOSIT to be paid to Escrow Agent no later tl
n/a ,TIME BEING OF THE ESSENCE WITH REGARD TO SAiD DATE.
(c) $ . n/a ,BY ASSUMPTION of the unpaid principal balance and all obligations of Seller on the existing 1
secured by a deed of trust on the Property in accordance with the attached Loan Assumption Addendum.
(d) $ __.. .. .........fit ,_.,._ ___.__..__,BY SELLER FINANCING in accordance with the attached Seller Financing Addendum.
(a) S 53250Q00,, ,BALANCE of the purchase price in cash at.Closing.
3. CONDITIONS:(State N/A in each blank that is not a condition to this contract.)
(a) Buyer must be able to obtain a Conventional 0 Other: __....-.._._.____ .. __ loan at a XFixed Rate L!Adjustal
in the principal amount of______ 90%ofpurchasepric9____,___ for a term of :!year year(s),at an initial interest rate
exceed 7.. %per annum,with mortgage loan discount points not to exceed .. ... 1.. %of the loan amount. Buy(
apply for said loan within _ 5 _days of the Effective Date of this contract. Buyer shall use Buyer's best efforts to sec
lender's customary loan commitment letter on or before —.__MarCh.15 24Q.___._ and to satisfy all terms and condition:
loan commitment letter by Closing.After the above letter date,Seller may request in writing from Buyer a copy
AR-30-2005 11:47 COASTAL DEVELOPMENT HE 9108423939 P.06/11
•
' 11. SEWER SYSTEM(check only ONE):
X Buyer has investigated the costs and expenses to install the sewer system approved by the Improvement Permit attached her<
Exhibit A and hereby approves and accepts said Improvement Permit.
Seller represents that the system has been installed,which representation survives Closing,but makes no further representatic
to the system. Buyer acknowledges receipt of the Improvement Permit attached hereto as Exhibit A. Buyer shall have the opt/
inspecting or obtaining,at Buyer's expense,inspection(s)to determine the condition of the system. If the system is not perform/
function for which intended and is in need of immediate repair;Buyer may terminate this Contract and the Earnest Money D
shall be refunded to Buyer. Buyer waives this condition unless Buyer provides written notice to Selle
N/A that this condition cannot be satisfied,time being of the essence.
[,This contract is contingent upon Buyer obtaining an Improvement Permit or written evalution from the County Health Depar
("County")for a(check only ONE) 1_conventional or -J other .
absorption sewage system for a bedroom home.All costs and expenses of obtaining such Permit or written evaluation
be borne by Buyer,except Seller, by no later than N/A ,shall be responsible for clearing that port
the Property required by the County to perform its tests and/or inspections. Buyer shall use Buyer's best efforts to obtain such I
or written evaluation.If the ground absorption sewage system is not allowed. Buyer may terminate this contract and the E
Money Deposit shall be refunded to Buyer. Buyer waives this condition unless Buyer provides written notice to Sel
N/A that this condition cannot be satisfied,time being of the essence.
Buyer has investigated and approved the availability,costs and expenses to connect to a[-] public or community sewer sl
12. SOIL,WATER,UTILITIES AND ENVIRONMENTAL CONTINGENCY: This contract is contingent upon Buyer oh
report(s)that(i)the soil is suitable for Buyer's Intended Use, (ii)utilities and water are available to the Property,(iii)then
environmental contamination,law,rule or regulation that prohibits,restricts or limits Buyer's Intended Use,and(iv)there is ni
hazard that prohibits,restricts or limits Buyer's Intended Use(collectively the"Reports"). All costs and expenses of obtain'
Reports shall be borne by Buyer.Buyer shall use Buyer's best efforts to obtain such Reports. If the Reports cannot be obtained
may terminate this contract and the Earnest Money Deposit shall be refunded to Buyer. Buyer waives this condition unless
provides written notice to Seller by N/A that this condition cannot be satisfied, time t
the essence.
13. RIGHT OF ENTRY,RESTORATION AND INDEMNITY:Buyer and Buyer's agents and contractors shall have the
enter upon the Property for the purpose of appraising the Property,and performing the tests and inspections permitted in Secti
12 and 13 of this contract. If Buyer terminates this contract as provided herein,Buyer shall,at Buyer's expense,restore the Pro'
substantially its pre-entry condition within thirty days of contract termination. Buyer will indemnify and hold Seller harmless f
loss,damage,claims,suits or costs,which shall arise out of any contract,agreement,or injury to any person or property as a r
any activities of Buyer and Buyer's agents and contractors relating to the Property.This indemnity shall survive this contract
termination hereof.Notwithstanding the foregoing,Seller shall be responsible for any loss,damage,claim,suit or cost arising
pre-existing conditions of the Property and/or out of Seller's negligence or willful acts or omissions.
14. OTHER PROVISIONS AND CONDITIONS: (ITEMIZE ALL ADDENDATO c as the HIS CONTRACT AND AT
HERETO.) I The Seller to provide a letter of verification by CAMA and also any other regulatory agency
Corp.of engineers etc.that may be applicable,to document for the buyer prior to closing,Mat a pier,dock,and/or boat
rift may be constructed over the adjoining Waterway to the channel beginning at the southern boundary of the property.
15. RISK OF LOSS:The risk of loss or damage by fire or other casualty prior to Closing shall be upon Seller.
16. ASSIGNMENTS:This contract may not be assigned without the written consent of all parties,but if assigned by agreem
this contract shall be binding on the assignee and his heirs and successors. i.e. Buyer and Seller and the
17. PARTIES:This contract shall be binding upon and shall inure to the benefit of the parties, Y
successors and assigns. As used herein,words in the singular include the plural and the masculine includes the feminine am
genders,as appropriate.
which by its nature and effect is required to be observed kept or perforn
the Closing,it shall survip the Closing
i g andcontainedn remainbinding upon and for the benefit of the parties hereto u nil fully observed
performed.
19. ENTIRE AGREEMENT: This contract contains the entire agreement of the parties and there are no represen
inducements or other provisions other than those expressed herein, All c between ands ons or RnALTORti ors heretobroker and 5must bel n or wri
signed by all parties. Nothing contained herein shall alter any agreement
contained in any listing agreement,buyer agency agreement,or any other agency agreement between them.
PaoP I of 4
R-30-2005 11:48 COASTAL DEVELOPMENT HE
9108423939 P.07i11
of the loan commitment letter. If Buyer fails to provide Seller a copy of the loan commitment letter or a written waiver of I
loan condition within five days of receipt of Seller's request,Seller1e y terminate er or the wabs contract by written notice to Buyer at
time thereafter,provided Seller has not then received a copy of the
(b)There must be no restriction, easement,zoning or other governmental regulation that would prevent the preaso able"uses of
ni
Property for __ "___ residential _
Use").
(c)The Property must be in substantially the same or better condition at Closing as on the date of this offer,reasonable wear and
excepted.
(d)AB deeds of trust,liens and other charges against the Property,not assumed by Buyer,must be paid and satisfied by Seller pric
or at Closing such that cancellation may be promptly obtained following Closing. Seller shall remain obligated to obtain any
cancellations following Closing.
(e)Title must be delivered at Closing by GENERAL WARRANTY DEED unless otherwise stated herein,and must be fee sir
marketable and insurable title,free of all encumbrances except ad valorem taxes for the current year(prorated through the ds
Closing);utility easements and unviolated restrictive covenants that do not materially affect the value of the Property; nd,
other encumbrances as may be assumed or specifically approved by Buyer. The Property must have legal access to a public
of way.
4. SPECIAL ASSESSMENTS: Seller warrants that there are no pending or confirmed
g d no rnm governmental
special
assessment
sidewalk,paving,water,sewer,or other improvements on or adjoining the Property, pending e -
special assessments,except as follows:&.O!le— __.
(Insert"None" or the identification of such assessments, if any.) Seller shall pay all owners'association assessments an
governmental assessments confirmed through the time of Closing,if any,and Buyer shall take title subject to all pending assesses
if any,unless otherwise agreed as follows None .... - r
5. PRO RATIONS AND ADJUSTMENTS: Unless otherwise provided,the following items shall be prorated and either adj
between the parties or paid at Closing: (a) Ad valorem taxes on real property shall be prorated on a calendar year basis throng
date of Closing;(b)All late listing penalties,if any,shall be paid by Seller;(c)Rents,if any,for the Property shall be prorated t`
the date of Closing;(d) Owners' association dues and other like charges shall be prorated through the date of Closing.
represents that the regular owners'association dues,if any,are$ rile ._,. per _Ilia
6. CLOSING EXPENSES: Buyer shall be responsible for all costs with respect to any loan obtained by Buyer. Buyer shall p
recording the deed and for preparation and recording of all instruments required to secure the balance of the purchase price unp
Closing. Seller shall pay for preparation of a deed and all other documents necessary to perform Seller's obligations uncle
agreement, and for excise tax (revenue stamps)required by law. If Seller is to pay any of Buyer's expenses associated wi
purchase of the Property,the amount thereof shall be$ _____..0�0
excluding any portion disapproved by B
lender.
7. EVIDENCE OF TITLE:Seller agrees to use his best efforts to deliver to Buyer as soon as reasonably possible after the Efi
Date of this contract,copies of all title information in possession of or available to Seller,including but not limited to:title insi
policies,attorney's opinions on title,surveys,covenants,deeds,notes and deeds of trust and easements relating to the Property.
authorizes (I)any attorney presently or previously representing Seller to release and disclose any title insurance policy ii
attorney'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 rele:
disclose 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 ager
attorneys.
8. LABOR AND MATERIAL: Seller shall furnish at Closing an affidavit and indemnification agreed date in
of C ossng hac
Buyer showing that all labor and materials,if any,furnished to the Property within 120 days prior
paid for and agreeing to indemnify Buyer against all loss from any cause or claim arising therefrom.
9. CLOSING: Closing shall be defined as the date and time of recording of the deed. Ail parties agree
r►eirl5 ZU0cufil ny,
documents and papers necessary in connection with Closing and transfer of title on or before _,.. _"-,
at a place designated by Buyer. The deed is to be made to _._.
As per buyersrequest_--
CLOSING SHALL CONSTITUTE ACCEPTANCE OF THE PROPERTY IN ITS THEN EXISTING CONDITION UI
PROVISION IS OTHERWISE MADE IN WRITING.
Hi. POSSESSION:Unless otherwise provided herein,possession shall be delivered at Closing. No alterations,excavatio
rprnovnl or other such activities may be done before possession is delivered.
4R-30-2005 11:48 COASTAL DEVELOPMENT HB
9108423939 P.08i11
givenpartyherein may be given to the party or to sup
O. NOTICE AND EXECUTION:Any notice or communication to be to a h signed by botheBuyer and Sellerror to sill
is This offer shall become foffering
a binding contract tt se"Effective uted underte")seat in signed multiple originals,all of which togett
signing is communicated to the offering party.
constitute one and the same instrument,with a signed original being retained by each party and each REALTOR®or brokerher(
and the parties adopt the word"SEAL"beside their signatures below.
Buyer acknowledges having made an on-site personal examination of the Property pr
ior to the making of this offer.
A BAR
THE NORTH CAROLINA ASSOCIATION OF REA VALIDITY OR ADEQUACY OF ANY PROV INC.AND THE NORTH ISION OFT THIS FORM
MAKE NO REPRESENTATION AS TO THE LEGALR FEEL THAT IT DOES NOT
ANY SPECIFIC TRANSACTION. IF YOU DON T fERSTAND THIS FORM ANORTH CAROLINA REOAL ESTATE ATTORNEY BEFORE YID
FOR YOUR LEGAL NEEDS,YOU SHOULD CONSULT
SIGN IT.
/VD�" Date:.. _. -/(,,- o-�.
Date:_..- ._..-�� /" / � (SEA
G /A,r 4 (SEAL) Seller ./� e��,LLC
Buyer R&S Ma ews Prop
Rodney D.Claris
A Date:�-14-
Date: ..�.
_�... _ �.�� (SEAL) Seller ---. . ;/� � (SEA
Buyer Cipkg:.Cynthia�', Clark R&R atthews Properties,LLC
Escrow Agent acknowledges receipt of the earnest money and agrees to hold and disburse the same in accordance with
terms hereof.
Dam Firm:.___. _
_ I.Deveiopme t.. fatty__ —
--
By: c spia
ure) Pauline Williamson
PAW/CDbR._ - - __
Selling Agent/Firm/Phonet__, -. ❑Seller's(sub)A ent XDual Agent
Acting as 0 Buyer's Agent g
"-
Listing Agent/Firm/Phone ..— PSW/CDSR --� -
Acting as Q Seller's(sub)Agent X Dual Agent
Page 4 of 4
c...-•.1 is sun FOR
aR-30-2005 11:49 COASTAL DEVELOPMENT HB
91e8423939 P.09i11
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1AR-30-2005 11:49 COASTAL DEVELOPMENT HB 9108423939 P.10/1
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