HomeMy WebLinkAbout34229D - Sunderland 0 CAMA / DREDGE & FILL 0tyj"} N9 34229
GENERAL PERMIT ..0.00
""' Previous permit#
>Z _:New Modification Complete Reissue Partial Reissue Date previous permit issued
As authorized by the State of North Carolina, Department of Environment and Natural Resources /
and the Coastal Resources Commission in an area of environmental concern pursuant to 15A NCAC 7 ii //O(-
I Rules attached.
Applicant Name t t .s VIP} a r2 u 1/� NO Project Location: County (
Address ,0 . Of� 9-Ljf Street Address/State Road/ Lot#(s) L 0+
City f7 A i(L V. 0.,,I State PC ZIP ;-,7 05 80 y O Ji, ,&i•- 1'.3 J4 C
Phone#(II) ( ) Subdivision
Authorized Agent • a I \ e(iii--r City roo/so /• l f-/ ZIP• Ys
Affected _ CW PTA €S ❑PTS Phone # ( ) River Basin �iti—
AEC(s): ❑OEA ❑HHF El ❑USA ❑N/A Adj.Wtr. Body fir A1PS (/iNNhPL 6/man /unkn)
❑PWS: ❑FC: /
ORW: yes / no PNA yes / no Crit. Hab. yes / no Closest Maj.Wtr. Bodys�s� !f �C�1�
Type of Project/Activity li.tid(.f j(iQ,. Px/3 T/N 4 6 c.y L- k # D t. )) R lye Ig t/z er 4e7 D
'114 'i7 ---COUV-Ie/N END flr/AGO ,�4L '4D '/ /dx .'S t f t� l/f'(Scale: //I�j(.) )
Pier(dock)length or 4�r></s 7 0 •4/0,9 f 7
.f?�,.y
Platform(s) r-- 1 --1- —?-- —F I --I- i I ' , . .4-17//0 �' I —
A' a
V
Finger pier(s) i 1 Ai `-
i
Groin length 1 1
I
number � i ' ; i 1
i
I
- _ l
Bulkhead/Riprap length
` # t — I i i ,
avg distance offshore 5 I._.. ._............. I — 1 i
max distance offshore .S �. F .
Basin,channel i
r
— , . yJ 1 .7
cubic yards I , i /r ,I 7'
Boat ramp
- I_ 1._
1 I 1
Boathouse/Boatlift I
1
Other 0": , .. _ 0. _ ifir I ! I Y/.1 CS&Ik15177W—F. -
Beach Bulldozing I 1 t `,��■—��
fW
I :
U
_...._..._ 1 j --1 I
i
•
Shoreline Length _. I
SAV: not sure yes no j _ ` I
Sandbags: not sure yes no ; ,l 2 I -- j
....4 _ Ii I. -sI f 1 ' _
a 4�{Moratorium: n/a yes no . _ I S'i1 m. ' 1 I I __
Photos: yes no __7 - 19W V 1��`
Waiver Attached: yes no 1 ,I , I 1
, ^ r'�
A building permit may be required by: ' 11 Ir-1C( 1 . M1 u See note on backy regarding River Basin rules.
Notes/Special Conditions —Pr- 60 L,4Al) NM Ex7Z LD £O E71 1 /l/L/ /I ( /) t
t-- (.1)-i 1 fU cJ ftL/hNrnOn l
Agent or Applicant Printed Name ; .___ Pe i ter s lure
" /6 —Z3--.0 I' -•--0 t-/
Signature `Please read compliance statement on back of permit Issuing Date Expiration Date
/ik)r 0 L'' toi91-4 - 1
L. 'v &II-0 H
Application Fee(s) Check# Local PlanningJurisdiction v r ile Name
Statement of Compliance and Consistency
This permit is subject to compliance with this application, site drawing and attached general and specific conditions. Any
violation of these terms may subject the permittee to a fine or criminal or civil action; and may cause the permit to become
null and void.
This permit must be on the project site and accessible to the permit officer when the project is inspected for compliance. The
applicant certifies by signing this permit that I)prior to undertaking any activities authorized by this permit,the applicant will
confer with appropriate local authorities to confirm that this project is consistent with the local land use plan and all local
ordinances, and 2) a written statement or certified mail return receipt has been obtained from the adjacent riparian
landowner(s).
The State of North Carolina and the Division of Coastal Management, in issuing this permit under the best available
information and belief,certify that this project is consistent with the North Carolina Coastal Management Program.
River Basin Rules Applicable To Your Project:
Tar-Pamlico River Basin Buffer Rules Other:
Neuse River Basin Buffer Rules
If indicated on front of permit,your project is subject to the Environmental Management Commission's Buffer Rules for the
River Basin checked above due to its location within that River Basin. These buffer rules are enforced by the NC Division of
Water Quality. Contact the Division of Water Quality at the Washington Regional Office(252-946-6481)or the Wilmington
Regional Office(910-395-3900)for more information on how to comply with thesebuffer rules.
Division of Coastal Management Offices
Central Office Elizabeth City District Washington District
Mailing Address: 1367 U.S. 17 South 943 Washington Square Mall
1638 Mail Service Center Elizabeth City, NC 27909 Washington, NC 27889
Raleigh, NC 27699-1638 252-264-3901 252-946-648 I
Location: Fax: 252-264-3723 Fax: 252-948-0478
(Serves:Camden,Chowan,Currituck, (Serves: Beaufort, Bertie, Hertford, Hyde,
Parker Lincoln Building
Dare,Gates, Pasquotank and Perquimans Tyrrell and Washington Counties)
2728 Capital Blvd. Counties)
Raleigh, NC 27604
9I9 733 2293 / I-888-4RCOAST Morehead City District Wilmington District
Fax: 9 19 733 I495 15 I-B Hwy. 24 127 Cardinal Drive Ext.
Hestron Plaza II Wilmington, NC 28405-3845
Morehead City, NC 28557 910-395-3900
202-808-2808 Fax: 910-350-2004
Fax: 252-247-3330 (Serves: Brunswick, New Hanover,
(Serves:Carteret,Craven,Onslow-above Onslow-below New River Inlet-and
New River Inlet-and Pamlico Counties) Pender Counties)
www.nccoastalmanagement.net Revised I0/OS/01
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OftnillAte./,, ��e
27472 Strawberry Hill Road
Rhoadesville, VA 22542
(540)854-4884 phone
(540)854-8862 fax
•
26 February 2003
Mr. Gary Sunderland
P. O.Box 2452
Surf City,NC 28445
Dear Gary,
We have received your proposed site plan on the lot adjoining our property. My finance(we are
getting married in Topsail this summer)and I have reviewed the plan and have some questions.
First,what is the purpose of the proposed"pump tank?" It is drawn leading to one of the lots that
you own across Channel Boulevard from us and we cannot tell what it goes to and what purpose it
serves. Secondly,why is the existing bulkhead being changed? We noticed that the plan calls for
bringing the existing bulkhead out five feet into the sound,thus changing the present shore line
beside our home.
If you would kindly answer these questions,we will be happy to review the plan further.
Thank you.
Sincerely,
Adrianna S.Cowan,CCIM
ENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
■ Complete items 1,2,and 3.Also complete A. Sign
item 4 if Restricted Delivery is desired. IDAgent
X
• Print your name and address on the reverse 4/ a ❑ Addresse
so that we can return the card to you. B. eived by(P,nted Na e) C. Date of Deliver
El Attach this card to the back of the mailpiece, S'C� LL�
or on the front if space permits. / [/
D. Is delivery address different from item 1? 0 Yes
1. Article Addressed to: If YES,enter delivery address below: ❑ No
Ni A CAL"'Lk-'A i1/4-3
2 74.72_‘-;-T i1-tBl_LtLN/ 1+l LL
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3. Service Type
Certified Mail 0 Express Mail
0 Registered 0 Return Receipt for Merchandise
0 Insured Mail 0 C.O.D.
4. Restricted Delivery'?(Extra Fee) 0 Yes
2. /
7001 2510 0002 1600 4025
'S Form 3811,August 2001 Domestic Return Receipt 102595-02-M-15
UNITED STATES POSTAL SERVICE First-Class Mail
I. 1111 Postage& Fees Paid
LISPS
Permit No. G-10
• Sender: Please preett.your name, address, and ZIP+4 in this box •
0 1:;0>e. Z c
errY , 20 4-4-C
Ms. Adrianna Cowan
27472 Strawberry Hill Road
Rhodesville, VA 22542
Date: March 16, 2003
Subject:-CAMA Permit
Dear Adrianna,
Forgive me for not responding to your letter requesting clarification of items related to my
CAMA Permit Application. My wife,Betsy, collapsed three weeks ago and was
transported to New Hanover Hospital Emergency Room where a CT-Scan revealed a
massive, hemorrhaging,brain tumor. Neuro-surgery was performed the following day. She
returned home a week later and is making remarkable progress in recovering her lost
motor skills with the assistance of physical&occupational therapy. Daily trips to
Wilmington for radiation therapy, doctors meetings etc. leaves little time for business.
As you know,the depth of my lot bordering your property is less than 60 feet. Since
purchasing my property, CAMA has instituted a 30 foot buffer zone along the waterfront
of Topsail Sound and the Town of Topsail has established a 10 foot front yard setback.
The usable depth of my Lot measures 29 feet at your property line and increases in depth
with the angle of the bulkhead. These setbacks have significantly reduced the usability of
my Lot.
The existing Bulkhead on our lots are constructed with corrugated asbestos. They have
been significantly weakened by time since they were installed many years ago. Prior to
further construction on my Lot, I am replacing mine with a wall identical to the new wall
along the Assembly Building waterfront.
Current CAMA Regulations permit the reconstruction of an existing bulkhead a maximum
distance of 5 feet seaward of an existing bulkhead. I have used this permitted projection
to increase the usable depth of my Lot consistent with current Regulations.
The septic tank and nitrification field, for the proposed house on my lot which adjoins
your property,will be located on a portion of the Lot across the street from your cottage.
The effluent from the house will flow beneath the street by gravity if possible, or,from a
septic pump tank if necessary as is currently shown on the drawings.
Enclosed is a revised Site Plan. You will note that the house has been moved northward
away from your house and the pump tank, if required,will be within this new15 foot wide
side yard. The location of the tank within the10 foot front yard setback was not permitted
by either the Town or Pender County.
Your prompt response to this new information will be greatly appreciated.
Sincere ,
sy Sunderland
SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
• Complete items 1,2,and 3.Also complete A. Received Pl.- P„ le r B. Date of Delivl
item 4 if Restricted Delivery is desired. tik -G.
• Print your name and address on the reverse
C.
so that we can return the card to you.
• Attach this card to the back of the mailpiece, ll 0 Agent
.or on the front if space permits. X ❑Address
D. I lli�e ad from item 1? 0 Yes
1. Article Addressed to:
If YES,enter delivery address below: 0 No
.AR .\0)1-4--1 Aui tvioQ2ISG
pa 60X 3070
60404. IJC 2644.;
3. Service Type
❑Certified Mail 0 Express Mail
❑ Registered 0 Return Receipt for Merchandi
0 Insured Mail 0 C.O.D.
4. Restricted Delivery?(Extra Fee) ❑Yes
2. Article Number(Copy from service label) —
7002 0 510 0001 1866 3790
PS Form 381 1,July 1999 Domestic Return Receipt 102595-99-M-17i
UNITED STATES POSTAL SERVICE $..„ Di01 pp pp,-Class
Fees Mail w Paid
'�0e Permit No. l'11
• Sender: Please print your name, address, a d F44 iK tx • •
1U PER-1-t +17 r�l�
refgox24-52
S oi2e c fry/ R1 G 2,,A44 S'
A45s1t4 Y [u I L-P 1 N
Gary E. Sunderland, NCARB, Architect
PO Box 2452, 2604 South Shore Drive Surf City, North Carolina 28445 Telephone: 910-328-2253
Certified by the National Council of Architectural Registration Boards. Registered:Washington,DC,Maryland,Virginia &North Carolina
Mr. William Morrison
PO Box 3070 T
Town of Topsail Beach 28445
Date: February 17, 2002
Subject: Riparian Neighbor Notification
Dear Bill,
First let me thank you for offering to present this notice to the appropriate parties for their review
and comments.
Enclosed is a Riparian Property Owners Notification Form and a copy of a Plot Plan showing the
proposed construction on my lot,Lot No. 19, Block 5, of the Anderson Subdivision, located at
804 Channel Boulevard in the Town of Topsail Beach.
The proposed construction includes a four bedroom,two story house on pilings, a new bulkhead
and pier as shown on the attached Site Plan.
If their is no objections to the proposed work, please have the appropriate agent or officer sign
the enclosed form and return it to me in the enclosed stamped envelope.
Thank you,
r /
Gary E. 5un erland
CERTIFIED KAIL
RETURN RECE2T TO: A 5 5 c�✓1 J LX f?Li i L.Q ) N
ADJACENT RPARL4N PROPERTY OWNER STATEMENT
I hereby certify that I own property adjacent toj2y
(Name of Property Owner)
Property located at
(Lot, Block, Road, Etc)
on i U�S/alL SbL�1� , in iOPS%klL l2( �(a►" _�C.
(Vi aterbodv) (Town aneJor County)
I have reviewed the survey or drawing on the project he is proposing at that Ioca "and, I have no objections to his pr6posai. non,
CURRENT SURVEY OR DR.WLNTG OF PROPOSED PROJECT AND
COPY OF PERti=APPLICATION
•
(ATTACHED)
ON ,a.6714 = 6' 7o PS4-/C- /SG,q j
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Print or Type Name
TIHCAC
P. O. BOX 3250 Address
TOPSAIL BEACH, NC 28445
(970
Telephone Number
Dater(/} //Z Z u Z o0 3
ri
". TOPSAIL SOUND ,� FLOW
• ASSEMBLY BUILDING VICINITY PLAN Scale: 1 Inch = 30 Feet
/ .
_ !_
!--�..
_ LINE OF
-' ' EXISTING
1 BULKHEAD
_ O WOOD DECK -
- - - ' -- WOOD '_— — eI \ill
1.
!!— - - -- ' FLOAT o `
—— ! - AW ' . •
—
! —! — — ! o WOOD DECKL — —
al 24' g'.
!f- -30 FOOT BUFFER
WOOD Q
FLOAT FLOAT j LINE OF - --
� - WOOD
r _ _ PROPOSED _ -•
- - - - - - - -
DECK I WOOD DECK BULKHEAD -'.5'--
WOOD DECK LINE OF /' ASSEMBLY B
EXISTING
/
LINE OF EXISTING I.S. BULKHEAD
LINE OF EXISTING BULKHEAD ' }
BULKHEAD I OPEN WOOD DECK •fV -
4\ • ¢ EXISTING PORCH -
EXISTING PORCH OVER WATER i- n
OVER WATER EXISTING PORCH -5! 40' ..' -5' v BLOCK 5
OVER WATER — ��
4 BEDROOM HODS% 1 n
M.H.W LINE i - •• 1440 SQ FT FOOTPRINT t'�)
01 19 �' . .
50' 50' - 50' 1 • 50' . L- .
i - PUMP TANK.r p .
_ PORCH ROOFED PORCH `— ffII''''II'' ��II��II''IIII
— — i ' ' :?•..,. - I 1 llllll____Illllll
ADRIANNA COWANt GARY SUNDERLAND b
‘:• 7• CONCRETE APRON :j .804
•
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UNITED STATES POSTAL SERVICE 11 First-Class Mail
Postage&Fees Paid
LISPS
Permit No. G-10
• Sender: Please print your name, address, and ZIP+4 in this box •
/1.11-1/ vput)i fi-te, D
pc) fox0451-
Ne 2h44
a
Gary E. Sunderland, NCARB, Architect
•
PO Box 2452, 2604 South Shore Drive Surf City, North Carolina 25445 Telephone: 910.32S-2253
Certified by the National Council of Architectural Registration Boards. Registered:Washington,DC,Maryland,Virginia &North Carolina
Ms. Adrianna Cowan
27472 Strawberry Hill Road
Rhodesville, Virginia 22542
Date: February 17, 2002
Subject: Riparian Neighbor Notification
Dear Adrianna,
First let me thank you for the invitation to your oyster roast this past Fall. I am certain that all
your neighbors and friends had a great time and I regret that I was unable to attend.
Enclosed is a Riparian Property Owners Notification Form and a copy of a Plot Plan showing the
proposed construction on my lot,Lot No. 19,Block 5, of the Anderson Subdivision, located at
804 Channel Boulevard in the Town of Topsail Beach.
The proposed construction includes a four bedroom,two story house on pilings, a new bulkhead
and pier as shown on the attached Site Plan.
If you have no objections to the proposed work, please sign the enclosed form and return it to me
in the enclosed stamped envelope at your earliest convenience.
Thank you,
Gary E. Sunderland
a •
. CERTIFIED MAIL •
RETURN RECEIPT
•
ADJACENT RIPARIAN PROPERTY OWNER STATEMENT
I hereby certify that I own property adjacent to (.) ��t^L�n'UD ,s
(Name of Property Owner)
Property located at LOT I q gt„oc K s C P n
(Lot, Block, Road, Etc)
on T6FSA►L SouP.)
(Waterbody)i , m"ra�/nt ,_ .C.
(Town and/or County)
I have reviewed the survey or drawing on the project he is proposing at that location.
and, I have no objections to his proposal.
CURRENT SURVEY OR DRal%v-NG OF PROPOSED PROJECT AND
COPY OF PERMIT APPLICATION
(ATTACHED)
AO12/AAJNA cow-AN
27472 S i l2 w.Sei2t?y �f t LC. RD Signature
12HoAPES V)LLrz VA 22542
Print or Type Name
Address
Telephone Number
Date:
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TOPSAIL SOUND ,� FLOW
•
{ ASSEMBLY BUILDING VICINITY PLAN Scale: 1 Inch = 30 Feet
54/7. . • .
_
LINE OF
1 BULKHEAD
__� =��� � WOOD DECK
1:p
OD -
_ if, o____________\L_________::
` LOAT �� e + I
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ti 24' 6' -30 FOOT BUFFER
r WOOD WOOD Q
iT FLOAT FLOAT j LINE OF
_ _ PROPOSED
_ - - - - - - - - - -
, BULKHEAD
DECK I WOOD DECK .5,
WOOD DECK LINE OF / ASSEMBLY B
• EXISTING • .
LINE OF EXISTING. IA BULKHEAD/ ' '
LINE OF EXISTING BULKHEAD y
BULKHEAD OPEN WOOD DECK
4. .� EXISTING PORCH _-'
EXISTING PORCH OVER WATER ,-- n
OVER WATER EXISTING PORCH ' -
BLOCK 5
OVER WATER 'S 40 5'-
. u
— 4 BEDROOM HODS%
M.H.W LINE - • 1440 SO FT FOOTPRINT CO
22 21 20 19 a
50' 50' 50' !_- 50'
,-- L .
- PUMP TANK b
-
— • PORCH -' ROOFED PORCH 1
•:)>!-?.'ADRIANNA COWAN GARY SUNDERLAND I If ELM;' °`,',,.•`.. .-: ;.�'' •CONCRETE APRON i N
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24' 6' -30 FOOT BUF ER
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FLOAT FLOAT LINE OF -- -
PROPOSED /b/ - -
CK BULKHEAD
WOOD DE *5'` `
WOOD DECK J LINE OF / ASSEMBLY B
EXISTING
LINE OF EXISTING c3; BULKHEAD
LINE OF EXISTING BULKHEAD `
BULKHEAD OPEN WOOD DECK N
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♦ + EXISTING PORCH - 4 EXISTING PORCH OVER WATER 0 n
OVER WATER EXISTING PORCH -5'` 40' �5' < BLOCK 5
OVER WATER
4 BEDROOM HOUSES
M.H.W LINE - 1440 SQ FT FOOTPRINT CO
-
021 20 . � 0a
50' 50' - - 50' L_____ 50'
_ - - PUMP TANK p
_ PORCH --' ROOFED PORCH `—
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ADRIANNA COWAN GARY SUNDERLAND o
CONCRETE APRON N
810 .808806 - 4
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OFFER TO PURCHASE AND CONTRACT
0
•
A ,•
as Buyer,
Qnlrl'aimY,c✓ �J4 CW /or•
!� C-�c� Si hS
hereby offers to purchase and &-M` (�2 v1tQ� �LL�' ,as Seller,
upon acceptance of said offer, agrees to sell-dnd convey,.all of that,plot,piece Pr,parce1 of land described below;together with all improvements
located thereon and such fixtures and personal property as'are-listed below(collectively referred to as the,"P•op`erty"),upon the following terms
and conditions:
1. REAL PROPERTY:Located'in the City of �a �� SLR►r� 6 cJ ,County of
y1(!L 2l— State gf North Carolina,being known as and more particularly described as:
Street Address (I7 h'44 I Ua Zip
Legal Description: 1_OT l C )) oC k. � •
(❑ All ❑ A portion of the property in Deed Refefence:Book ,Page No. , County.)
NOTE:Prior to signing this Offer to Purchase and Contract,Buyer is advised to review Restrictive Covenants,if any,which may limit the use of
the Property,and to read the Declaration of Restrictive Covenants,By-Laws,Articles of Incorporation,Rules and Regulations,and other governing
documents of the owners'association and/or the subdivision,if applicable.
2. FIXTURES: The following items,if any,are included in the purchase price free of liens:any built-in appliances,light fixtures,ceiling fans,
attached floor coverings,blinds,shades,drapery rods and curtain rods,brackets and all related hardware,window and door screens,storm windows,
combination doors, awnings,antennas, satellite dishes and receivers, burglar/fire/smoke alarms, pool and spa equipment, solar energy systems,
attached fireplace screens,gas logs,fireplace inserts,electric garage door openers with controls,outdoor plants and trees(other than in movable
containers),basketball goals,stQrage Aeceailboxes,wall and/or door mirrors,and any other items attached or affixed to the Property,EXCEPT
the following items: /v b/U
3. PERSONAL PROPERTY:The following personal property is included in the purchase price: N d VU
4. PURCHASE PRICE:The purchase price is$ -goo1 C) 00 and shall be paid as follows:
(a) $ /,/000— , EARNEST MONEY DEPOSIT with this offe�yby ❑ cash ❑ personal check r] bank check ❑ certified check
[Mother: /t a to be deposited and held in escrow by �(�cS S `1-r
("Escrow Agent")until the sale is closed,at which time it will be credited to Buyer,or until this contract is othelvvise terminated. In the event:(1)
this offer is not accepted;or(2)any of the conditions hereto are not satisfied,then all earnest monies shall be returned to Buyer. In the event of
breach of this contract by Seller,upon Buyer's request,all earnest monies shall be returned to Buyer,but such return shall not affect any other
remedies available to Buyer for such breach. In the event this offer is accepted and Buyer breaches this contract,then all earnest monies shall be
forfeited upon Seller's requests but receipt of such forfeited earnest monies shall not affect any 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 escrow by a broker,the broker
is required by state law to retain said earnest money in the broker's trust or escrow account until a written release from the parties consenting to its
dispositiors�,as been obtained or until disbursement is ordered by a court of competent jurisdiction.
(b) $ (J� ,ADDITIONAL EARNEST MONEY DEPOSIT to be paid to Escrow Agent no later than
TIME$RING OF THE ESSENCE WITH REGARD TO SAID DATE.
(c) $ V ,BY ASSUMPTION of the unpaid principal balance and all obligations of Seller on the existing loan(s)secured by a
deed of est on the Property in accordance with the attached Loan Assumption Addendum.
(d) $ CJ ,BY SELLER FINANCING in accordance with the attached Seller Financing Addendum.
(e) $c. l 0 00 ,BALANCE of the purchase price in cash at Closing.
5. CONDI NS:(State N/A in each blank that is not a condition to this contract.)
(a) Buyer must be able to obtain a ❑ FHA VA(attach FHA/ A Financing Addendum) ❑ Conventional ❑ Other:
loan at a ❑ Fixed Rate Adjustable Rat m the principal :_,count of / (plus any financed VA Funding Fee
or FHA MEP)for a to of year(s), an initial inte •. rate not to x'eed %per annum,with mortgage loan discount points not to
exceed "/ of the I an amount. uyer shall ap, y for said 1 t.n hin days of the Effective Date of this contract. Buyer shall use
Buyer's best eff s to secu -the'len r's•customary ,an commit nt.I I. ' - -on or-before -- - - --.--- -- -and-to satisfy-all-terms and
conditions of e loan co ment etter by Clos',•. After tt--.•ove etter date, Seller may request in writing from Buyer a copy of the loan
commitme etter. If Buyer fail o provide Sel -r a copy of e loan ommitment letter or a written waiver of this loan condition within five days
of recei of Seller's reques, eller may to t ;late this c t.'Tact by , ' en notice to Buyer at any time thereafter,provided Seller has not then
rece d a copy of the lette or the waiver. f t uyer shall lie responsib e for all costs with respect to any loan obtained by Buyer,except if Seller is
t ay any of the Buyer's Closing costs(including loan discount points),those costs am as follows:
(b)There mustbee,up restn Lion, ment, zoning or other governmental regulation that would prevent the reasonable use of the Property for
'P y �'e� 1- ase purposes.
(c)The Property must be in substantially the same or better condition at Closing as on the date of this offer,reasonable wear and tear excepted.
(d)All deeds of trust,liens and other charges against the Property,not assumed by Buyer,must be paid and satisfied by Seller prior to or at Closing
such that cancellation may be promptly obtained following Closing.Seller shall remain obligated to obtain any such cancellations following Closing.
(e)Title must be delivered at closing by GENERAL WARRANTY DEED unless otherwise stated herein,and must be fee simple marketable title,
free of all encumbrances except:ad valorem taxes for the current year(prorated through the date of Closing);utility easements and unviolated
restrictive covenants that do not-materially affect the value of the Property; and such other encumbrances as may be assumed or specifically
approved by Buyer. The Property must have legal access to a public right of way.
6. SPECIAL ASSESSMENTS: Seller warrants that there are no pending or confirmed governmental special assessments for sidewalk,paving,
water,sewer,or o er ovyements on or adjoining the Property,and no pending or confirmed owners'association special assessments,except as
follows: O L
(Insert"None"or the identification of such assessments,if any.)Seller shall pay all owners'association assessments and all governmental assessments
confirmed through the time of Closing,if any,and Buyer shall take title subject to all pending assessments,if any,unless otherwise agreed as
follows:
7. PRORATIONS AND ADJUSTMENTS: Unless otherwise provided,the following items shall be prorated and either adjusted between the
parties or paid at Closing: (a)Ad valorem taxes on real property shall be prorated on a calendar year basis through the date of Closing; (b)Ad
valorem taxes on personal property for the entire year shall be paid by the Seller unless the personal property is conveyed to the Buyer,in which
case,the personal property taxes shall be prorated on a calendar year basis through the date of Closing;(c)All late listing penalties,if any,shall
be paid by Seller; (d)Rents, if any, for the Property shall be prorated through the date of Closing;(e)Owners'association dues and other like
charges sll be rorated through the date of Closing. Seller represents that the regular owners association dues,if any,are$ //g—
per /
8. CLOSING XPENSES:Seller shall pay for preparation of a deed and all other documents necessary to perform Seller's obligations under this
agreement, and for excise tax(revenue stamps)required by law. Buyer shall pay for recording the deed and for preparation and recording of all
instruments required to secure the balance of the purchase price unpaid at Closing.
9. FUEL: Buyer agrees to purchase from Seller the fuel, if any, situated in any tank on the Property at the prevailing rate with the cost of
measurement thereof,if any,being paid by Seller.
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12. PROPERTY DISCLOSURE AND INSPECTIONS: '
(a) PrP y Disclosure:
❑ er has received'a signed copy of the N.C.Residential Property Disclosure Statement prior to the signing of this Offer to Purchase and Contract.
Buyer has NOT received a signed copy of the N.C.Residential Property Disclosure Statement prior to the signing of this Offer to Purchase and
Contract and shall have the right to terminate or withdraw this contract without penalty prior to WHICHEVER OF THE FOLLOWING EVENTS
OCCURS FIRST: (1)the end of the third calendar day following receipt of the Disclosure Statement;(2)the end of the third calendar day
following the date the contract was made;or(3)Closing or occupancy by the Buyer in the case of a sale or exchange.
❑ Exempt from N.C.Residential Property Disclosure Statement because(SEE GUIDELINES) •
❑ The Property is residential and was built prior to 1978(Attach Lead-Based Paint or Lead-Based Paint Hazards Disclosure Addendum.)
(b) Property Inspection:Unless otherwise stated herein,or as otherwise provided on an inspection addendum attached hereto,Buyer shall have
the option of inspecting or,obtaining at Buyers expense, inspections to determine the condition of the Property. Unless otherwise stated herein,it is
a condition of this contract that: (i) the built-in appliances, electrical system, plumbing system, heating and cooling systems, roof coverings
(including flashing and gutters),doors and windows,exterior surfaces,structural components(including foundations,columns,chimneys,floors,
walls,ceilings and roofs),porches and decks,fireplaces and flues,crawl space and attic ventilation systems (if any),water and sewer systems
(public and private), shall be performing the function for which intended and shall not be in need of immediate repair;(ii)there shall be no unusual
drainage conditions or evidence of excessive moisture adversely affecting the structure(s);and (iii)there shall be no friable asbestos or existing
environme to go�tamination. Any inspections shall be completed and written notice of necessary repairs shall be given to Seller on or before
� ' . Seller shall provide written notice to Buyer of Seller's response within days of Buyer's notice.Buyer is advised
to have any inspections made prior to incurring expenses for Closing and in sufficient time to permit any required repairs to be completed by Closing.
(c) Wood-Destroying Insects:Unless otherwise stated herein,Buyer shall have the option of obtaining,at Buyer's expense,a report from a licensed
pest control operator on a standard form ip�c okdance with the regulations of the North Carolina Structural Pest Control Committee,stating that as
to all structures except `IO �' there was no visible evidence of wood-destroying insects and
containing no indication of visible damage the efrom. The report must be obtained in sufficient time so as to permit treatment,if any,and repairs,if
any,to be completed prior to Closing. All treatment required shall be paid for by Seller and completed prior to Closing,unless otherwise agreed
upon in writing by the parties. The Buyer is advised that the inspection report described in this paragraph may not always reveal either structural
damage or damage caused by agents or organisms other than wood-destroying insects.If new construction,Seller shall provide a standard warranty
of termite soil treatment.
(d) Repairs:Pursuant to any inspections in(b)and/or(c)above,if any repairs are necessary,Seller shall have the option of completing them or
refusing to complete them. If Seller elects not to complete the repairs,then Buyer shall have the option of accepting the Property in its present
condition or terminating this contract,in which case all earnest monies shall be refunded. Unless otherwise stated herein,or as otherwise provided
on an inspection addendum attached hereto,any items not covered by(b)(i),b(ii),b(iii)and(c)above are excluded from repair negotiations under
this contract.
(e) Acceptance: CLOSING SHALL CONSTITUTE ACCEPTANCE OF EACH OF THE SYSTEMS,ITEMS AND CONDITIONS LISTED
ABOVE IN ITS THEN EXISTING CONDITION UNLESS PROVISION IS OTHERWISE MADE IN WRITING.
13. REASONABLE ACCESS: Seller will provide reasonable access to the Property(including working,existing utilities)through the earlier of
Closing or possession by Buyer,to Buyer or Buyer's representatives for the purposes of appraisal,inspection,and/or evaluation.Buyer may conduct
a walk-through inspection of the Property prior to Closing.
14. CLOSING: Closing shall be defined as the date and time of recording of the deed. All...parties agree to execute any and all documents and
papers necessary in connection with C s' g and transfer of...title on or before 4.3(n :J UL 11 c -0 8.� ,at a place designated by
Buyer. The deed is to be made to i`a-N in C►-) COc.-J O1 �-ep/6 r GidS'r � •
15. POSSESSION:Unless otherwise provided herein,possession shall be ivered at Closing. In the event possession is NOT to be delivered at
Closing: ❑ a Buyer Possession Before Closing Agreement is attached. OR, ❑ a Seller Possession After Closing Agreement is attached, /�
16. O'('HER PROVISIONS AND CONDITIONS:� (ITEMIZE A ADD NDA TO THIS FACT AND ATTACH HERETO.) � uy��
if 5 /;cell L recc.( esda�� ��n3- f r, ) NAG, � cSGw- /p�►br-Q._.sdht. t-2-13 �' v1t-4s•Ccca-56o")-. .a-F_� . ar WI(II hd46-1=y see G�ef- Fit
w 1'h".^ d•o �4„� O� 410 S i`� h f1 v"�COI,Lr,� 1�- oe c 4- ne-tLi- 44-z®
17. RISK LOSS:The risk of loss or damage by fire or other casualty prior to Closing shall be upon Seller.If the improvements on the Property
are destroyed or materially damaged prior to Closing,Buyer may terminate this contract by written notice delivered to Seller or Seller's agent and
all deposits shall be returned to Buyer. In the event Buyer does NOT elect to terminate this contract,Buyer shall be entitled to receive,in addition
to the Property,any of the Seller's insurance proceeds payable on account of the damage or destruction applicable to the Property being purchased.
18. ASSIGNMENTS: This contract may not be assigned without the written consent of all parties,but if assigned by agreement,then this contract
shall be binding on the assignee and his heirs and successors.
19. PARTIES:This contract shall be binding upon and shall inure to the benefit of the parties,i.e.,Buyer and Seller and their heirs,successors and
assigns. As used herein,words in the singular include the plural and the masculine includes the feminine and neuter genders,as appropriate.
20. SURVIVAL:If any provision herein contained which by its nature and effect is required to be observed,kept or performed after the Closing,it
shall survive the Closing and remain binding upon and for the benefit of the parties hereto until fully observed,kept or performed.
21. ENTIRE AGREEMENT:This contract contains the entire agreement of the parties and there are no representations,inducements or other
provisions other than those expressed herein. All changes,additions or deletions hereto must be in writing and signed by all parties. Nothing
contained herein shall alter any agreement between a REALTOR®or broker and Seller or Buyer as contained in any listing agreement,buyer
agency agreement,or any other agency agreement between them.
22. NOTICE AND EXECUTION: Any notice or communication to be given to a party herein may be given to the party or to such party's agent.
This offer shall become a binding contract(the"Effective Date")when signed by both Buyer and Seller and such signing is communicated to the
offering party. This contract is executed under seal in signed multiple originals,all of which together constitute one and the same instrument,with
a signed original being retained by each party and each REALTOR® or broker hereto, and the parties adopt the word "SEAL" beside their
signatures below.
IF YOU DO NOT UNDERSTAND THIS OFFER TO PURCHASE AND CONTRACT OR FEEL THAT IT DOES NOT PROVIDE FOR YOUR
LEGAL NEEDS,YOU SHOULD CONSULT A NORTH CAROLINA REAL ESTATE ATTORNEY BEFORE YOU SIGN IT.
Buyer acknowledges having made an on-site personal examination of the Property prior to the making of this offer.
Date: � i 00�,� Date:
Buyer__a
i 41-4,75."--(-SEAL) Seller (SEAL)
Date: Date:
Buyer (SEAL) Seller (SEAL)
Escrow Agent acknowledges receipt of the earnest money and a re s to hold and disburse the same in accordance with the terms hereof.
Date ► Finn: SS
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ADDITIONAL PROVISIONS ADDENDUM
NOTE: All of the following provisions which are marked with an "X" shall apply to the
attached Offer to Purchase and Contract. Those provisions marked "N/A" shall not apply. ���
1. EXPIRATION OF OFFER: is offer shall expire unless acceptance is delivered to Buyer or to /41 d 1 0
�, �` -x-i o r A5 �i C,on or before /2 i/h / ❑ AM Ltl-P1CI,
2. 4_ on o " ,or untii'withdrawn by the Buyer,whichever occurs first.
2. 'v INTEREST BEARING TRUST ACCOUNT: Any earnest monies deposited by Buyer may be placed in the
interest bearing trust account of the escrow agent named in the Offer to Purchase and Contract. Any interest
e earned thereon shall belong to the escrow agent in consideration of the expenses incurred by maintaining
such account and records associated therewith.
3. SEPTIC SYSTEM IMPROVEMENT PERMIT: This contract is contingent upon Buyer obtaining an
Improv9ment Permit from the Co n y Health Department for a onventional ground absorption se age system for a
l�rJ bedroom home or Y1GL'4'1 Liz. _,.. i S o. All costs
and expenses of obtaining such Permit shall be bon by Buyer. Buyer s all obtain such'Permit or waive this
condition in writing on or before midnight of p9.S Jc €_L j tf a conventional ground absorption sewage system
is not permitted,a the option of the Buyer, is ntract ma be terminated and all earnestmonies shall be refu de
to Buyer. U �.ct.Se r ��Gm tuo eS O `I- i 5V
p P Y d���LLpp �(?'�y
'IGO 4-e-f'� I.1.°— " s !`c 5 Li S- ok,I 5'hO S ,�I
CY(.� been advised that the rroo-e is located in an area which the edretary of
4. FLOOD HAZARD ZONE: Buyer has p P rh'
HUD has found to have special flood hazards and that it will be necessary to purchase flood insurance in order to
obtain any loan secured by the property from any federally regulated institution or a loan insured or guaranteed by
A) an agency of the U.S.Government.
5. /APPRAISAL: The Property must appraise at a value equal to or exceeding the purchase price or,at the option of
the Buyer, this contract may be terminated and all earnest monies shall be refunded to Buyer. In the event this
contract is not subject to a financing contingency requiring an appraisal,Buyer shall arrange to have the appraisal
completed no later than midnight of .In any event,the cost of the appraisal shall be borne
o A by the Buyer.
6. CLOSING OF EXISTING CONTRACT CONTINGENCY: This contract is contingent upon closing of an
existing contract on the Buyer's real property located at: 1
on or before . If this contingency is not removed on or before midnight of
,Seller may terminate this contract and all earnest monies shall be returned to Buyer.
7. RENTAIJINCOMFJINVESTMENT PROPERTY: The Property is subject to existing leases and/or rights of
Ala
tenants in possession under month-to-month tenancies. Seller agrees to deliver to Buyer on or before
,true and complete copies of all existing leases,rental agreements,outstanding
tenant notices,written statements of all oral tenant agreements,statement of all tenant's deposits,uncured defaults
by Seller or tenants,and claims made by or to tenants,if any. This contract is contingent upon Buyer's approval of
said documents. Buyer shall be deemed to have approved said documents unless written notice to the contrary is
delivered to the Seller or Seller's agent within seven (7) days of receipt of same. If Buyer does not approve said
documents and delivers written notice of rejection-within the seven day period,this contract shall be terminated and
all earnest monies shall be returned to Buyer. NOTE: DO NOT USE THIS PROVISION FOR PROPERTY
SUBJECT TO THE NORTH CAROLINA VACATION RENTAL ACT. A VACATION RENTAL ADDENDUM
A) # SHOULD BE USED IN SUCH CASES.
8. COST OF REPAIR CONTINGENCY: If a reasonable estimate of the total cost of repairs required by Paragraph
12(b)and Paragraph 12(c)of the Offer to Purchase and Contract equals or exceeds $ ,then
Buyer shall have the option to terminate this contract and all earnest monies shall be returned to Buyer.
IN THE EVENT OF A CONFLICT BETWEEN THIS ADDENDUM AND THE OFFER TO PURCHASE AND CONTRACT, THIS
ADDENDUM SHALL CONTROL.
Buyer: 4 ,
/ !L---- (SEAL) Date:/-2 G2002
Buyer: (SEAL) Date:
Seller: (SEAL) Date:
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MERRITT MARINE CONSTRUCTION, INC. GP zi{),z ct ".b 4784
DAIL MERRITT-NCDL 3481068
PH. (910) 329-6651 // 7 �' ss 301631
P.O.BOX 528 8931 WILMINGTON HWY DATE /V � S r 46�
HOLLY RIDGE, C 28445
PAY fii, c [�,. — $ /fir 0 mac, a
TO THE C• - , L
ib ORDER OF
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FIRST CITIZENS<5,
BANK F,.-XV:r„rtIliwac°"""i
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