HomeMy WebLinkAboutHB_04-012_M&H Xenakis Authorizibg DevelopmetiTJWN OF HOLDEN
BEACH
I oral Government
TOWN OF HOLDEN BEACH
110 ROTHSCHILD STREET
HOLDEN BENCH, NC 28462
CAMA
2004-012
Permit Number
MINOR DEVELOPMENT
PERMIT �~
as authorized by the State of North Carolina, Department of Environment,
and Natural Resources and the Coastal Resources Commission for development
in an area of environment concern pursuant to Section 113A-118 of the
General Statues, "Coastal Area Management"
Issued to Micheal & Hortnese Xenakis authorizing development in High Hazard Area & Estuarine Shoreline
Area at 376 Ocean Blvd. West as requested in the permittee's application, dated 1 /19/04. This permit,
issued on 02/12/04 , is subject to compliance with the application and site drawing (where consistent with
the permit), all applicable regulations and special conditions and notes set forth below. Any violation of
these terms may subject permittee to a fine, imprisonment or civil action, or may cause the permit to be null
and void.
This permit authorizes construction of a single family residence, septic system, retention areas, and landscaping!!!]
Any other development will require additional permits or a modification of this permit. The
following conditions shall apply!
(1) All proposed development and associated construction must be done in accordance with the permitted
work plat drawings(s) dated received January 19, 2004.
(2) All construction must conform to the International Building Code requirements and all other local,
State and Federal regulations, applicable local ordinances and FEMA Flood Regulations.
(3) Any change or changes in the plans for development monstruction, or land use activities will require a
activities will require a re-evaluation and modification�of this permit.
(4)Prior to initiating land -disturbing activities, adequate sedimentation/erosion control measures must be
This permit action may be appealed by the permitlee or other
qualified persons within twenty (20) days of the issuing date. From
the date of an appeal, any work conducted under this permit must
cease unfit the appeal is resolved.
This permit must be on the project site and accessible to the permit
officer when the project is inspected for compliance.
Any maintenance work or project modification not covered under
this permit, require further wdtten permit approval.
All tcease when this permit expires on December 31,
In issuing this permit fl is agreed that this project is consistent with
the local Land Use Plan and all applicable ordinances.
This permit may not be transferred to another party without the
written approval of the Division of Coastal Management.
CC; . _1
Local Permit Official (signature,)
CAMA Local Permit Official
�ertnMee (signature required if conditions above apply to permit)
Name Micheal & Hortense O
Xenakis
Minor Permit # 2004-01 2
employed to p revent the movement of unconsolidated material into the marsh or water. These
measures must revent the movement of unconsolidated material into the marsh or water. These
measures must remain in place until such time as the area is properly stabilized with vegetated cover.
(5) The applicant has effectively demonstrated, through engineered, innovative construction
design, that the amount of impervious surface areas may be exceeded in a way that water runoff will be
managed to a similar degree as limiting the coverage to 30%. This design allows for approximately
40% of impervious surface area within the AEC of this project site. The submitted design was done
by JOHN PHILLIP NORRIS.
(6) PLEASE BE ADVISED THAT BEFORE A BUILDING PERMIT MAY
BE SUBMITTED FOR THIS PROJECT A STORMWATER PLAN
SHOWING THE APPROVED FINISHED ELEVATIONS SHALL BE
SUBMITTED TO THE ZONING OFFICIAL THAT SHOWS RETENTION
AREAS THAT WILL BE ATTACHED TO GUTTERS ON THE HOME.
(7) The innovative stormwater system suthorized with this permit must be maintained for the life
Of the structure addressed.
(8) Pursuant to 15A NCAC 071.0406(b), this permit mfay not be assigned, transferred, sold,
Or otherwise disposed of to a third party by the applicant, agent, or any entity other than
The NC Division of Coastal Management.
(9) It is noted that coastal marsh exists on the property, and that the proposed development addressed on
The submitted plat dated 6-26-00 is not located within these wetlands.
(10) No excavation or filling of any wetlands or waters is authorized under this permit.
(11) The development authorized under this permit must be a lished a minimum of
30' landward of the normal high water of the normal hi at mour/normal water
contour, maintaining this as a vegetated buffer area. g
This permit action may be appealed by the permittee or other �" �`� '
qualified persons within twenty (20) days of the issuing date. From. Local Permit Offidal signature)
the date of an appeal, any work conducted under this permit must I VS
cease unfit the appeal Is resolved. d \ \ 1 i l Y
This permit must be on the project site and accessible to the permit ;,� CAMA Local Permit Official
officer when the project is inspected for compliance. _
Any maintenance work or project modification not covered under �O
this permit, require further written permit approval.
All must ase when this permit expires on December 31,
In issuing this permit it Is agreed that this project is consistent with
the local Land Use Plan and all applicable ordinances.
This permit may not be transferred to another party without the Permittee (sig�e-required if conditions abuW apply to permit)
written approval of the Division of Coastal Management.
I
Name Michael & Hortense
r
Xenakis
Minor Permit * 2004-012
(12)A copy of this permit shall be available onsite for regulatory inspection.
(13)AII construction shall meet all applicable sections of the Town of Holden Beach Code of
Ordinances.
(15).The permittee is required to contact the Local Permit Officer shortly before he plans to begin
construction to arrange a setback measurement which will be effective for sixty (60) days barring a
major shoreline change. Construction must begin within sixty (60) days of the determination or the
measurement is void and must be redone.
(16). Any structure authorized by this permit shall be relocated or dismantled when it becomes
imminently threatened by changes in shoreline configuration. The structure(s) shall be relocated or
dismantled within two (2) years of the time when it becomes imminently threatened, and in any case,
upon its collapse or subsidence. However, if natural shoreline recovery or beach renourishment takes
place within two (2) years of the time the structure becomes imminently threatened, so that the
structure in no longer imminently threatened, then it need not be relocated or dismantled at that time.
This condition shall not affect the permit holder's right to seek authorization of temporary protective
measures allowed by CRC Rules.
This permit action may be appealed by the pernittee or other
qualified persons within twenty (20) days of the issuing date. From
the date of an appeal, any work conducted under this permit must
cease until the appeal is resolved.
This permit must be on the project site and accessible to the permit
officer when the project is inspected for compliance.
Any maintenance work or project modification not covered under
this permit, require further written permit approval.
All work must cease when this permit expires on December 31,
In issuing this permit it is agreed that this project is consistent with
the local Land Use Plan and all applicable ordinances.
This permit may not be transferred to another party without the
written approval of the Division of Coastal Management.
GoPJ;;.�
lPermidee (signature required If conditions 615ove apply to permit)
39 g Q-eca n ifs l va, Uja) �,
AEC HAZARD NOTICE
- a
Project Is In An
Date Lot Was Platted:
Ocean Erodible Area 1/ High Hazard Flood Area _ Inlet Hazard Area '
This notice is intended to make you, the applicant, aware
of the special risks and conditions associated with
development in this area, which is subject to natural
hazards such as storms, erosion and currents. The rules of
the Coastal Resources Commission require that you
receive an AEC Hazard Notice and acknowledge that
notice in writing before a permit for development can be
issued.
The Commission's rules on building standards, oceanfront
setbacks and dune alteration are designed to minimize,but
not eliminate, property loss from hazards. By granting
permits, the Coastal Resources Commission does not
guarantee the safety of the development and assumes no
liability for future damage to the development.
The best available information, as accepted by the Coastal
Resources Commission, indicates that the annual ocean
ero n rate for the area where your property is located is
feet per year.
The rate was established by careful analysis of aerial
photographs of the coastline taken over the past 50 years.
Studies also indicate that the shoreline could move as
much as �Q feet landward in a major stone.
The flood waters in amajor storm are predicted to be about
J-- feet deep in this area.
Preferred oceanfront protection measures are beach
nourishment and relocation of threatened structures.
Hard erosion control structures such as bulkheads,
seawalls, revetments, groins, jetties and breakwaters are
prohibited. Temporary devices, including sand bags, may
be allowed under certain conditions.
This structure shall be relocated or dismantled within two
years of becoming imminently threatened.
The applicant must acknowledge this information and
requirements by signing this notice in the below space.
Without the proper signature, the application will not be
complete.
a/.i3
SPECIAL NOTE: This hazard notice is required for
development in areas subject to sudden and massive
storms and erosion. Permits issued for development in this
area expire on December 31 of the third year following the
year in which the permit was issued. Shortly before work
begins on the project site, the Local Permit Officer will
determine the vegetation line and setback distance at your
site. If the property has seen little change and the proposed
development can still meet the setback requirement, the
LPO will inform you that you may begin work. It is impor-
tant that you check with the LPO before the permit expires
for official approval to continue the work after the permit
has expired. Generally, if foundation pilings have been
placed and substantial progress is continuing, permit
renewal may not be necessary. If substantial progress has
not been made, the permit must be renewed and a new
setback line established. It is unlawful to continue work
after permit expiration without this approval..
Tore information, contact:
IA
Local Permit Officer
Phone
42
o ��
o- Co
co
o�
U
c
Revised 11193
TOWN OF HOLDEN
BEACH
Local Government
CAMA
MINOR DEVELOPMENT
PERMIT
as authorized by the State of North Carolina, Department of Environment,
and Natural Resources and the Coastal Resources Commission for development
In an area of environment concern pursuant to Section 113111 18 of the
General Statues,'Coastal Area Na aimment"
2004-012
Permit Number
Issued to Micheal & Hortnese Xenakis authorizing development in High Hazard Area & Estuarine Shoreline
Area at 376 Ocean Blvd. West as requested in the permittee's application, dated 1 /19/04. This permit,
issued on 02/12/04 , is subject to compliance with the application and site drawing (where consistent with
the permit), all applicable regulations and special conditions and notes set forth below. Any violation of
these terms may subject permittee to a fine, imprisonment or civil action, or may cause the permit to be null
and void.
This permit authorizes construction of a single family residence, septic system, retention areas, and landscaping!!!]
Any other development will require additional permits or a modification of this permit. The
following conditions shall apply!
(1) All proposed development and associated construction must be done in accordance with the permitted
work plat drawings(s) dated received January 19, 2004.
(2) All construction must conform to the International Building Code requirements and all other local,
State and Federal regulations, applicable local ordinances and FEMA Flood Regulations.
(3) Any change or changes in the plans for development, construction, or land use activities will require a
activities will require a re-evaluation and modification of this permit.
(4)Prior to initiating land -disturbing activities, adequate sedimentation/erosion control measures must be
This permit action may be appealed by the permiftee or other
qualified persons within twenty (20) days of the issuing dale. From
the date of an appeal, any work conducted under this permit must
cease until the appeal is resolved.
This permit must be on the project site and accessible to the permit
officer when the project is inspected for compliance.
Any maintenance work or project modification not covered under
this permit, require further written permit approval.
All work must cease when this permit expires on December 31,
00 r�
In issuing this permit it is agreed that this project is consistent with
the local Land Use Plan and all applicable ordinances.
This permit may not be transferred to another party without the
written approval of the Division of Coastal Management,
Local Permit Official (signaturq)
1l �Hsvan�ca. rersenaaGai �/
DIVISION OF
COASTAL MANAGEMENT
ttee (signature required If conditions above apply to permit)
Name Micheal & Hortense
Xenakis
Minor Permit # 2004-012
employed to p revent the movement of unconsolidated material into the marsh or water. These
measures must revent the movement of unconsolidated material into the marsh or water. These
measures must remain in place until such time as the area is properly stabilized with vegetated cover.
(5) The applicant has effectively demonstrated, through engineered, innovative construction
design, that the amount of impervious surface areas may be exceeded in a way that water runoff will be
managed to a similar degree as limiting the coverage to 30%. This design allows for approximately
40% of impervious surface area within the AEC of this project site. The submitted design was done
by JOHN PHILLIP NORRIS.
(6) PLEASE BE ADVISED THAT BEFORE A BUILDING PERMIT MAY
BE SUBMITTED FOR THIS PROJECT A STORMWATER PLAN
SHOWING THE APPROVED FINISHED ELEVATIONS SHALL BE
SUBMITTED TO THE ZONING OFFICIAL THAT SHOWS RETENTION
---
(7) The innovative stormwater system suthorized with this permit must be maintained for the life
Of the structure addressed.
(8) Pursuant to 15A NCAC 07J .0406(b), this permit mfay not be assigned, transferred, sold,
Or otherwise disposed of to a third party by the applicant, agent, or any entity other than
The NC Division of Coastal Management.
(9) It is noted that coastal marsh exists on the property, and that the proposed development addressed on
The submitted plat dated 6-26-00 is not located within these wetlands.
(10) No excavation or filling of any wetlands or waters is authorized under this permit.
(11) The development authorized under this permit must be accomplished a minimum of
30' landward of the normal high water of the normal high water contour/normal water
contour,
as a vegetated buffer area.
This permit action may be appealed by the permittee or other
qualified persons within twenty (20) days of theissuing date. From
the dale of an appeal, any work conducted under this permit must
cease until the appeal is resolved.
This permit must be on the project site and accessible to the permit
officer when the project is inspected for compliance.
Any mainten`dnce work or project modification not covered under
this permit, require further written permit approval.
All wo must ceriase when thW pemriLezpires on December 31,
In issuing issuing this /permit it is agreed that this project is consistent with
the local Land Use Plan and all applicable ordinances.
This permit may not be transferred to another party without the
written approval of the Division of Coastal Management.
r7
Local Permit official
Pernittee (signaVe required if conditions aboW apply to permit)
Name Michael & Hortense
Xenakis
Minor Permit # 2004-012
(12)A copy of this permit shall be available onsite for regulatory inspection.
(13)All construction shall meet all applicable sections of the Town of Holden Beach Code of
Ordinances.
(15).The permittee is required to contact the Local Permit Officer shortly before he plans to begin
construction to arrange a setback measurement which will be effective for sixty (60) days barring a
major shoreline change. Construction must begin within sixty (60) days of the determination or the
measurement is void and must be redone.
(16). Any structure authorized by this permit shall be relocated or dismantled when it becomes
imminently threatened by changes in shoreline configuration. The structure(s) shall be relocated or
dismantled within two (2) years of the time when it becomes imminently threatened, and in any case,
upon its collapse or subsidence. However, if natural shoreline recovery or beach renourishment takes
place within two (2) years of the time the structure becomes imminently threatened, so that the
structure in no longer imrrirnentiy thre'at'ened,'tfien`it need not be relocated or dismantled at that t1me.
This condition shall not affect the permit holder's right to seek authorization of temporary protective
measures allowed by CRC Rules.
This permit action may be appealed by the permittee or other
qualified persons within twenty (20) days of the issuing date. From
the date of an appeal, any work conducted under this permit must
cease until the appeal is resolved.
This permit must be on the project site and accessible to the permit
officer when the project is inspected for compliance.
Any maintenance work or project modification not covered under
this permit, require further written permit approval.
All work must cease when this permit expires on December 31,
In issuing this permh it is agreed that this project is consistent with
the local Land Use Plan and all applicable ordinances.
This permit may not be transferred to another party without the
written approval of the Division of Coastal Management.
,&3 sqV S
FEB 10 TO
pIVISICIN 017 LENIENT
COASTAL MA
Local Permit Official si nature)
CAMA Local Permit Official
lPermittee (signature required fi conditions 66ove apply to permit)
3'I glean Blvd, Wec-ST
AEC HAZARD NOTICE
Project Is In An: Ocean Erodible Area 1 High Hazard Flood Area Inlet Hazard Area
Date Lot Was Platted:
This notice is intended to make you, the applicant, aware
of the special risks and conditions associated with
development in this area, which is subject to natural
hazards such as storms, erosion and currents. The rules of
the Coastal Resources Commission require that you
receive an AEC Hazard Notice and acknowledge that
notice in writing before a permit for development can be
issued.
The Commission's rules on building standards, oceanfront
setbacks and dune alteration are designed to minimize, but
not eliminate, property loss from hazards. By granting
permits, the Coastal Resources Commission does not
guarantee the safety of the development and assumes no
liability for future damage to the development.
The best available information, as accepted by the Coastal
Resources Commission, indicates that the annual ocean
ero ' n rate for the area where your ro is located is
ee per year.
The rate was established by careful analysis of aerial
photographs of the coastline taken over the past 50 years.
Studies also indicate that the shoreline could move as
much as �O feet landward in a major storm.
The flood waters in a major storm are predicted to be about
feet deep in this area.
Preferred oceanfront protection measures are beach
nourishment and relocation of threatened structures.
Hard erosion control structures such as bulkheads,
seawalls, revetments, groins, jetties and breakwaters are
prohibited. Temporary devices, including sand bags, may
be allowed under certain conditions.
This structure shall be relocated or dismantled within two
years of becoming imminently threatened.
The applicant must acknowledge this information and
requirements by signing this notice in the below space.
Without the proper signature, the application will not be
complete.
SPECIAL NOTE: This hazard notice is required for
development in areas subject to sudden and massive
storms and erosion. Permits issued for development in this
area expire on December 31 of the third year following the
year in which the permit was issued. Shortly before work
begins on the project site, the Local Permit Officer will
determine the vegetation line and setback distance at your
site. If theproperty has seenlittle change and theproposed
development can still meet the setback requirement, the
LPO will inform you that you may begin work. It is impor-
tant that you check with the LPO before the permit expires
for official approval to continue the work after the permit
has expired. Generally, if foundation pilings have been
placed and substantial progress is continuing, permit
renewal may not be necessary. If substantial progress has
not been made, the permit must be renewed and a new
setback line established. It is unlawful to continue work
after permit expiration without this approval.
F ore information, contact:
71A P7)3DL
Local Permit Officer
Revised 11193
CAMA PEIRIVM NOTICE
Pursuant to NCGS 113A-119(b), the
municipality of Town of Holden Beach, a
locality authorized to issue CAMA permits
in the areas of environmental concern,
hereby gives NOTICE that on January 19,
2004, applicant Michael and Hortense Xe-
nakis, applied for a CAMA minor develop-
ment permit to construct a single family
residence, filling and grading and install a
septic system at 376 Ocean Blvd. West.
The application may be inspected at the
below address. Public comments received
by January 30, 2004, will be considered. La-
ter comments will be accepted and consid-
ered up to the time of permit decision. Pro-
ject modifications may occur based on fur-
ther review and comments. Notice of the
permit decision in this matter will be pro-
vided upon written request.
Rhonda Phillips
Local CAMA Permit Officer
110 Rothschild Street
Holden Beach, NC 23462
(910)642.6436
Jan. 22
TOWN OF HOLDEN BEACH
110 ROTHSCHILD STREET
HOLDEN PEACH. il;C 29462
STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK
1�1_)'IJO yC-D/y
AFFIDAVIT OF PUBLICATION
Before the undersigned, a Notary Public of said County and State,
duly commissioned, qualified, and authorized by law to administer
oaths, personally appeared
Scott R. Harrell
who, being first duly swom, deposes and says: that he is
Publisher
(Owner, partner, publisher, or other officer or employee
authorized to make this affidavit)
of The Brunswick Beacon, a newspaper published, issued, and en-
tered as periodical mail in the Town of Shallotte in the said County
and State; that he is authorized to make this affidavit and sworn state-
ment; that the notice or other legal advertisement, a true copy of
which is attached hereto, was published in The Brunswick Beacon on
the following date(s):
January 22, 2004
and that the said newspaper in which such notice, paper document or
legal advertisement was published, was at the time of each and every
such publication, a newspaper meeting all the requirements and qual-
ifications of Section 1-597 of the General Statutes of North Carolina
and was a qualified newspaper within the meaning of Section 1-597
of the General Statutes of North Carolina.
This the 22nd day of January, 2004.
4 /
(Signature of person making affidavit)
Sworn to and subscribed before me this 22nd day of ,tw
January, 2004. ; :"%��tl
4" OQTAgy':?2'
...��!.4t1... = i �
(Notary Public) dly� ........ �C,
'o,,.CK COv.o`'l�
My commission expires: December 29, 2004.
Permit Number Localir o�� —b v
Ocean Hazard _Estuarine Shoreline OR\V Shoreline Public Trust Shoreline Other
(For official use only)
GENERAL INFORMATION
LAND OWNER
Name
Address
Michael & Hortense Xenakis
1R Rlavinc AvannP
City Middletown State NJ Zip 07748 Phone 7-i7--fi71 —7611
AUTHORIZED AGENT
Connie Jo Boyte
...
Address 131 Ocean Blvd. West
City Holden Beach
State NC Zip 28462
FAX 732-671-8371
Phone800-262-7820
LOCATION OF PROJECT: (Address, street name and/or directions to site. If not oceanfront, what is the name of the
adjacentwaterbody.) 376 Ocean Blvd west
SIZE OF LOT/PARCEL: square feet acres
PROPOSED IISE: Residential Single-farnvy _2v uhi-family _) CoMmcricaladustrial _ Other
TOTAL ENCLOSED FLOOR AREA OF A BUILDING IN THE OCEAN HAZARD AREA OF
ENVIRONMENTAL CONCERN (AEC): )U3 1 square feet (includes all floors and roof covered decks)
SIZE OF BUILDING FOOTPRINT AND OTHERIMPERVIOUS OR BUILT -UPON -SURFACES IN THE
OA CSTAL SHORELINE AREA OF ENVIRONMENTAL CONCERN (AEC): square feet
(Calculations includes the area of the roof/drip bne of all buildings, driveways, covered decks, concrete or
etc. that are within the applicable A.EC.)(Attacb vote calculations with the proj ect dra ) E (� 9
Choose the AEC area that applies to your property:, ly
(I)withm 75 feet of Normal High Water for the Estuarine Shoreline AEC
(?)within 575 feet ofNormal High Water for theTswarine Shoreline AEC, adjac utcr, ce
(3)within 30 feet of the Public Tract Shoreline AEC
(Contact your Local Permit Officer if you are not sure which AFC appli s to our o
TOWN OF HOLDEN BEACH
STATE STORIvIWATER 1%1ANAGE1VMh'T PERNIIT: Is the project located in an ea - S3a
Management Permit issued by the- NC Division of Water Quality? YES NO
If yes, list the total built upon areahnn)--vious surface allowed for your lot oT parcel, f� square feet
8ER PERM rTT NI.AN BE REQUIRED: Tnc axivin- you are planning may require permits other than the CAMA minor de%mloprncnt permit..
i sen•ice the have conpiled a lining or the kinds or permits that might be required. We suggest you check over.thc list with your LPO to
:nninc ifany of these appiv to %nur proicx. Zoning. Drinking lFater \Fell, Septic Tank (or other sanitary ttattc treatment stem). Burning. .
zrical, Plumbing. Raging and Air Conditioning, Insulation and En
Conscrvmion. FIA Certification, Sand Dune. acdirrunt Control,
.division Approval, Mobile Home Park Approtal. Highway, Connexion, and others.
ATEMEhT OF OWNERSHIP:
he arid.-nigncd, an applicant for a CAMA minor development permit, being either the owner of property in an AEC or
,erson authorizedto act as an agent for purposes of applying for a CAMA minor development permit, certify that the
rson listed as landovmcr on this application has a significant interest in the real property descnbed therein This interest
a be described as (check one)
y an owner her or rmord'title, Title is vested in see Deed Book
3e inthe
Colmty Registry of Deeds.
_an owner by virtue of inheritance. Applicant is an he's to the estate of
�obate was m County.
if other interest, such as written contract or lease, explain below or use a separate sheet and attach to this application.
ioTIFICATION OF ADJACENT PROPERTY O-,ArNERS:
fur-jermore certify that the following persons are owners of properties adj oi=g this property. I affirm that I have given
tCTUAL NOTICE to each of them concemsrgmy intent to d.^velop this property and to apply for a CAMA pe nit
Nam.) (Address)
l� Jose & Mi11ie.Venegas 30D9 Southampton Gastonia NC 28056
2)
.4) .
FOR DEVELOPERS IN OCEAN HAZARD AND ESTIIARL-M HAZARD AREAS:
[ acknowledge that the land owner is awarethat the proposed development is planned for an area which may be
sns epnble to erosion and/or fioodmg I acknowledLe that the local permit officer. has explained to me the -particular
hazard probicros associated with this lot This explanation was accosrparned by =ommendations concerning stabiliZntion
and floodproofing trbniqurs.
PERMISSION TO ENTER ON LAND:
I furfnermore certify that I am authorized to grant and do in fact gant permission to the local Permit officer and his agents
to eater on the aforementioned lands in -ono—non with evaluating information related to this permit _,-Piication.
This application includes: general information (this form), a site drawing as described on the bark of i e
s application, th
ownership stagy -menu nc AEC hazard notice where necessary, a check for S100.00 made payable to the locality, and any
information as may be provided orally by the applicant The details of the application as described by these sources are
vnfnoutrefermce in any p=it which maybe issued. Deviation from these details will cons*tutr a violation
of any permit Any person developing in an AEC withoutpermit is subject to civil, criminal and admini5uative action.
DATE -January 19, 2004
To: Stephen & Malinda Russell
115 Hwy 651
Fountain Inn, SC 29644
DEAF -ADJACENT PROPERTY OWNER:
This letter is to inform you that I have applied for a CAMA Permit on the property
owned by Michael & . Hortense
at 374 Ocean Blvd. West
Xenakis (SU%-tada�)
HolderBeach, NC. I have enclosed a copy of permit application and a copy of the
drawing of proposed project
If you have any comments on the proposed project, please contact
Rhonda Phillips, Local C?AKA. Officer, Town of Holden Beach, 110 Rothschild St.
Holden Beach, NC 28462 - Telephone -( 910) 842-6488.
Sincerely /
'AA
Connie Jo Boyte
(Owner or Aggent)
TELEPHONE NUMBER 732-671-8371 (.fax Xenakis)
0
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C3 I> Puslage $
171 r`
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Return Receipt Fee
to In (Endomemant Raquved)
C3 C3
C3 Realdcled Dalivary Fee
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C3 O Telsl POetage a F.'s $
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1— 1,
■ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to
•3
3o Postmark
115 Here
A. Received by (Please Print Clearly) I B. Date of Delivery
LC. Signature
X ❑ Agent
❑ Addressee
D. Is delivery address different from item 1? ❑ Yes
If YES, enter delivery address below: ❑ No
Stephen & Malinda Russell
115 Hwy 651
Fountian Inn, SC 29644 IL
3. Service Type
ertified Mail ❑ Express Mai(
Registered ❑ Return Receipt tot Merchandise
_ ❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery? (Extra Fee) ❑ yes
s
2. Article Number (Copy from service label)
7001 2510 0005 3570 3456
DATE: January 19, 2004
To: Jose & Millie venegas
3009 Southampton
Gastonia, NC 28056
DEARADIACENN7 PROPERTY OWNER:
Thus letter is to mfonn you that I have applied for a C_AIvIA Permit on the property
owned by Michael & Hortense at 374 Ocean Blvd. West
Xenaki s (sweet ada--)
Holde—Beach, NC. I have enclosed a copy ofpermit application and a copy of the
drawing of proposed proj ect.
If you have any comments on the proposed project, please contact
Rhonda Phillips, Local CA2hLA. Officer, Town of Holden Beach, 110 Rothschild St.
Hoiden Beach, NC =8462 - Telephone -( 910) 842-6488.
Sin y,
J--
Connie Jo Boyte, agent
(Owner or ?.gear)
TELEPHONENUNIBER: 732-671-8371 (fax Xenakis)
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■ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the m,ilpiece,
or on the front if space permits.
1. Article Addressed to
JOse & Millie Venegas
3009 Southampton
Gastonia, NC 28056
Postmark
Here
A. Received by (Please Print Clearly) I B. Date of Delivery
C. Signature
X ❑ Agent
❑ Addressee
D. Is delivery address different from item 1? ❑ Yes
If YES, enter delivery address below: ❑ No
3. Service Type
t8" trertified Mail ❑ Express Mail
registered ❑ Return Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery? (Extra Feet ❑ yess
2. Article Number (Copy from service label)
7nni 21 Q nnns -49713 3463
PS Form 3811, July 1999 Domestic Return Receipt 102595-00-M-0952
OFFER TO PURCHASE AND CONTRACT
Ml_cMN S. Xenakh and wfh Hortanta S. Xenakh __ as Buyer.
hereby offers to purchase and _, Esatem Car011nss Construction . _ _ ,as Seller,
upon acceptance of said offer, agrees to sell and convey, all of that plot. piece or parcel 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 "Property"),
upon the following terms end conditions:
1, REAL PROPERTY: Located in the City of Holden Beach -
County of Brunswick . State of North Carolina, tieing known as and more particularly described as:
Street Address 376 Ocean Blvd. West _., Zip 2e4e2
L�at Description: being all of lot 262 Holden Beach Pl t 7/22
(RAH IA portion of the property in Dee) Reference: Book 1417 Page No 0023 , Brunswick 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, end other governing documents of the owners' association and/or the subdivision, if applicable.
L FIXTURES: The following items, if any, are included in the purchase price free of liens: say built-in appliances, light fixtures,
coiling fans, attached floor coverings, blinds, shades, drapery rode and curtain rods, brackets and all related hardware, window and
door screens, storm windows, combination doors, awnings, antennas, satellite dishes and receivers• burglar/tire/smoke alarms, pool
and spa equipment, solar energy systems, attached fireplace screens, gas logs, fireplace inserts, electric garage door openers with
comrole, outdoor plants and trees (other than in movable teiners), basketball goals, storage shots, mailboxes, wallwnll%ax
mirrors, and any other items attached or affixed to the any, EXCEPT the fob/l/b/wjinn i�tejm�s:
J. PERSONAL PROPERTY: The following personal property i included in the purchase price: Ns
d. PURCHASE PRICE: The purchase price is .fand shall be paid as follows:
(a) f 1,000.00 EARNEST MONEY DEPOSIT with this offer by cash X personal check I , bank check
I certified check ' i other: to be deposited and
held in escrow by Coastal Development & Really, (" Escrow Agent") until the sale
is closed, at which time it will be credited to Buyer, or until this contract is otherwise terminated. In the event: (1) this offer is not
accepted; or (2) tiny of the conditions hereto are not satisfied, then all earnest monies shall be retuned 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 branch. In the event this offer is accepted end Buyer breaches this contain,
then all earnest monies shall be forfeited upon Seller's request, but receipt of such forfeited earnest monies shall not affect any
other remedies available to Seller for such breach.
NOTE: Ito 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 disposition has been obtained or until disbursement Is ordered by a court of competent
jurisdiction.
(b) f ors ADDITIONAL EARNEST MONEY DEPOSIT to he paid to Escrow Agent no Inter than
wa . I'IME BEING OF THL FSSENCE WITH REGARD TO SAID DATE.
(e) f we . BY ASSUMPTION of the unpaid principal balance and all obligations of Seller on the existing loan(s)
secured by a deed of mast on the Property in accordance with the attached Loan Assumption Addendum.
(d) f _ wa , BY SELLER FINANCING in necordance with the attached Seller Financing Addendum.
(e) S 279,000,00__ . , BALANCE of the purchase price in cash at Closing.
S. CONDITIONS: (State N/A in each blank that is not a condition to this contract.)
(&)Buyer must be able m obtain a FHA VA (attach FHANA Financing Addendum) M Conventional
Other: loan at a k Fixed Rate I I Adjustable Rate in the principal amount of
252,000.00 (plus any financed VA Funding Fee or FHA MIP) for a term of 30 _ year(s), at an
initial interest rate not to exceed 6,0 %per annum. with mortgage Iran discount points not to exceed .25 % of' the loan
amount. Buyer shall apply for said loan within S days of the Effective Date of this contact. Buyer shall use Buyer's
best efforts to secure the lender's customary loan commihnent letter on or before _ January 23, 2004 and to satisfy
all terms and conditions of the loon commitment letter by Closing. After the above letter date. Seller may request in writing
from Buyer a copy of the loan commitment letter. If Buyer fails to provide Seller a copy of the loan commitment letter or a
written waiver of this loan condition within five days of receipt OrSellcr`sruqucsL Seller may terminate this contract by written
notice to Buyer at any time thereafter, provided Seller has not then taceivcopy of the letter or the waiver.
Page I of
113 This form jointly approval by: STANDARD FORM 2-T
North Carolis& Bar Association L'.� ® 712002
iay.� North Carolina Association of REALTORS®, In .
Buyer Initials , ' Seller Initials _...
FILE No.399 01.03 '04 PH 03:06 ID:COASTAL CONSTRUCTION FRX:918424706 PAGE 4
(b) There must be no iestrietion, easement, zoning or other governmental regulation that would prevent the reasonable use of the
Property fix resldatndal purposes.
(e) The Property must be in substantially the same or better condition at Closing as on the date of this offer. reasonable wear and roar
excepted.
(d) All deeds of trust, liens and other charges against the Property, not assumed by Buyer, most 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 following0ming.
(a) Title must be delivered at closing by GENERAI. WARRANTY DEED unless otherwise stated herein. and must be fee simple
marketable and insurable 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; slid such
other encumbrances m may he 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 uonfirmed governmental special assessments for
.vidowalk, paving, water, sewer, or other improvements on or adjoining the Property, and no pending or confirmed owners' association
special assessments, except as follows: Buyer is aware of pending sewer fee. ... .
(Insert "None" or the identification of such assessments, if any.) Seller shall pay all owners' association assessments mid 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 calendur year basis thiirugh 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 Cioxing; (e) Owners' association dues and other like charges shall be prorated through the date of Closing. Seller
represents that the regular owners' association dues, if any, are S n/a per We
8. CLOSING EXPENSES: Buyer shall be responsible for all costs with respect to any loan obtained by Buyer. Buyer shut(
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. Seiler shall pay tier preparation of dood and all other documents necessary to perform Seller's obligations
under this agreement, and for excise tax (revenue stamps) required by law. If Seller is to pay any of Buyer's expenses
associated with the purchase of Property, the amount thereof shall be S Na , including any FHANA
lender end inspection costs that Buyer is not permitted to pay, but excluding any portion disapproved by Buyers lender.
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, living paid by Seller.
10. EVIDENCE OF TITLE: Seller agrees to use his best efforts to deliver to Buyer as soon as reasonably possible after the
Effective Date of this contract. copies of all title information in possession of or available to Seller, including but not limited to: title
insurance policies, attorneys upinions on title, surveys, covenants, deeds, notes and deeds of trust and easements relating to the
Property. Seller authorizes (1) tiny attorney presently or previously representing Seller to release and disclose any tills insurance
policy in such aunmay's file to Buyer and both Buyer's and Beliefs agents and attorneys: and (2) tine Property's title insurer or its agent
to release and disclose all materials in the Prupuny's title insurer's (or title insurers agont's) file to Buyer and both Buyers and Seller's
agents and attorneys.
11. LABOR AND MATERIAL: Seller shall furnish K Closing an affidavit and indemnification agreement in form satisfactory to
Buyer showing that all labor and materials, if any, furnished to the Property widsin 120 days prior to the date of Closing have been
paid for end agreeing to indemnify Buyer against all loss from any cause or claim arising tharchon.
12. PROPERTY DISCLOSURE AND INSPECTIONS:
(a) Property Disclosure:
Buyer has received a signed copy of the N.C. Residential Property, Disclosure Statement prior to the signing of this Offer to
Purchase and Contract.
1 � 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 W HIC14LVER
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.
X Exempi from N.C. Residential Property Disclosure Statement because ISLE GUIDELINES)
land purchase /
Tie Property is residential mid was built prior to 1978 (Attach Lead-li Paint or Lend -Based Paint Huzards Disclosure
Addendum.) /
Page
Buyer Initials_ _'����`' Seller
t�s,ameoaeres.l�srtrarihseor're„+.sm... too-t».twr
STANDARD FORM 2-T
O 7/2002
FROM.: X6NAKIS
FAX NO. : 732 671
7631 Jan.
19 2004 09:47AM P2
All 'µiT •'AL CGNSTRIt'7TN
�AX:916424706
PAGE 2
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I �; 'st Jpaap !espa::!cn: Im:Er stuee Irx,r., Rtyt,r eksl' !.Wue the opden i:::geettn„ Or utu toting ai Buyen expense
inspections, to dettmnino the condition of the Property. Unitla othorwim mated hamiC it is I condition of th W ruxarea that :
(1) the bri-in 4"lionem, oteNncal syaurn, pidaebrisg aytreon. healing and cMiling systems, nulf •overietat ((nokalts flwhing end
suituralsium and windrnvt. eauirlor surfues. scucmral ccinpdttelu (including founddtions, columns, chlatrwys. I'loom wells,
wihngaad roofs). Pnnhos and decks, 1110p13em and ntioN, oraw! spate arvi Ntic vantilasiRm syaemx(Ireny), odor and sower
tysttms Whlic and private). dull be performing the furtctton for which Intended and chill not be in need ur immediate
repair, (4there shall be not mua,d drainage cottdi Iona or evidence of excessive moisture adveneiy alfbeting kite strpeatra(s)(
and fiii) Sate Mail be no Rlab)e shall ar mRWing onvirnmesta) eoetnninatite. Any inapenions tlull be complated and
written arile of ner:tasuy repairs sMdl be aim to $sllet on or h•fnre ilia .. � Se11N shall provide
wriofi .a see to Buyer or 9etl el town" w(thlo Nor days of Ruye'I rintiee. Buyer i1 advised m have Lnv
tn. tWMMKLZlor to inav ^a expM s for Closing, and in eufficuar dtn• to D1M9MY.�Il %%=Wm1%OOft'••,
(a) o--Dis"ial hwenl Upton ometwin owed heroin. Boyar shall have the up%icn ut' obuiaing, a Buyet a extaensa, s
report fort a licensed pest control AW&Wr on a standard farm in accordance with tht regulations of the North Carolina
Structural peat Control Ctxnmittse. dluhtg that as to A! siructUrn exeefrt , them wd It o
vlAbla widen of woudde,itr ft% Inteca raid txaxa'Ining no indicalion of vis(hle damogo thetefrom. 13e report must be
abtxlned in aorfolem time to to to permit tnNmanl, If arty, and repels, If any, to oe xvnplou"t priar to Ckwing. All trwtmant
nquitcd 3MI! be phld six ley Sailer usid completed prim to Clotina, unless elhimin agreed upon In mitiaS by tba pletimr. Tda
(d) Ropalnc ftnuaet to nor Ineoections in (b) Iddtur M 6150ve. if •ray redeirs are neceatary. Seller shall have the gKlon of
camplatiaj them ur miming to cnrnplete them. fr. Salter clog& not W oontplete the r"n, non Btryor Shull have tfia With of
docooiingthe property in its present Condition or turminatlas this contrast, in which tree all oarreat Monian dhi111 be nfusdatL
Unlaut otherwisa stated haraln, any it" not covorad hY (b) (7, b (lid b (lit) and (c) above err excluded frob repair thIPI boat
ender thaconcril
(e) Aarraptlaat +LOaINC 816ALL (�_NgT TIttjt 1C[ [PT1N[i Ir [ACt18t :�[�,YgTEMB, iT eta ANo
13. R6ASO MIM ACCRM Seller will provide roetanobi• Iwj;vsl to lho Ptoparny (leollidiag working, exietinl utillfioal
throw the "Olaf of Cinsrog Ir pcnsemlaa by au),ar, Ice Wryer ar pulses rapruswrtail vea for the conduct[ parposa9 of °�
rdor Wpaelbn,
Miceli
aoralutket Buyet rattly a walk-dtnugh (aap=don of Ow ?mporty prior to Gilding. s?� 7 `A' x 4V
Pet—
te. CLD&lr*it Closing shall bat defined as the data end time of recording nfthe deed. All parties 4I t sxscutu KAY �d ail
document[ ad pagan neowa,sry ip vonnsation with Clawing end ttenefer of tide no of bI&M
at a place dtsigmaed tty Bep•r. The dead is to at mule to Wek"- .1, XONA.9.4liid we. a d. 7faraidda
M PORnA WN: Vnivw otherwise pnwided herein, pownion An It be dollvored at Cirwfag• In the etw fawslim is NOT w bat
delivered It Cidafng: 1, n gayer Pousetlart 9efnn Gtusing Agreement is ottachad. OK. ! 1 a Setter PaacutfM After Cloabyi
AYR•mattt itawrhad.
16. OTM6R PROV16IONS AND CONDITION£i (I MMILL ALL ADDFNnh TO TMI.S CONTRACT AND AI'1'ACM
«1�F8 W +ORMr w^W1 to duster p oWdOW a 3 had Mt Lie 011110 Pwrrdt• M►/1-6-11 - of " M'a++
Ianl-WALl/acraaAYswat(�� {� /
. MUSK OF LOBS; The rink of kwu or damage by fire « other eatually prior to Closing shall be upon Saner. If the
iml>tovamante err the Pnopany etc dvatroyd er Materially dMagad poor Ro Closing, Buyer may :oMinufe this contract by written
rutict dellvarad to Stt & or So(tet's agent and alt d"Bits shall he rotumed to Uyer. in the event Buyer dam NOT elect to
terminate this =load. Buyer shall be entitkid in retelve, in et-.k+Ion to the Piepsmy. any of The Saller'R insurance proceeds psyebta
m account nitro damage or deerr cum applla6bia W the ft,falny WAS traecheesd
I& ASSIONIKByTB: This contract may not be snailnad without the writum coosaat of All permm. but if ma:gnad by almantim,
tbea dos aunts[:[ :.hall he hind* tin the Itugeee End his WM end slttaeswsrs.
16. PAIITIM Thin centred shell be bindhoi urnm Ind serail inure to tho benen, aftha pardeL i.e.. Blow and Seiler and their heir,
auca ism bad ati ions. As utad iWran. w<.rds in the singular i netude the piunl and the Mxatulina inclydsa the feminlns and neawr
lunches u abort fine,
2C SBRVfVAL: IF any provision iterern centaieed which by nr mu, I d et'feet is teiuired to he nhsemod. kept or
)7errnnneil a0w the C;aing. (i [hail arevlve the ChwirRg rr"f renutin hindiag end ror the berth of air pwnres herein until fully
observed, kep or p arfhrm ld.
Paso 3 era
STANDARD pUK71 2-T
c rnooa
[3uyer lnhula _� x- i� •_ wlfer Initials
-•a am m.xs:saitee+/etalrr`�•s.w. tta.w.rsa
21. ENTIRF. AGREEMENT: This contract contains the entire agreement ul 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 panics. Nothing contained herein shall filter any agreement between a RFALTORm or broker and Seller or Buyer as
contained in any listing agreement, buyer agency agreement. or any other agency agreement between them.
27. NOTICE, AND EXECUTION: Any notice or communication to be given to a party herein may he given to the party or to such
party's agent. This offer shall become u binding contract (the "Effective Dute") when signed by both Buyer and Seller and such
sagning 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 "SLAI." beside their signatures below.
Buyer acknowledges having made sit on -site personal examination of the Property prior to the making or this offer.
THE NORTH CAROLINA ASSOCIATION OIREAL.TORS®, INC. AND THE NORTH CAROLINA BAR ASSOCIATION
MAKE NO REPRESENTATION AS TO "I'HE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION OF THIS FORM IN
ANY SPECIFIC TRANSACTION. IF YOU DO NOT UNDERSTAND THIS FORM OR FEET. THA r IT DOES NOT PROVIDE
FOR YOUR LEGAL NEEDS, YOU SHOULD CONSULT A NOR I'll CAROLINA REAL ESTATF. AT-1 ORNFY BEFORE YOU
SION IT.
Date Janurry 3 2004 Da" r
Buys _ EAt.) Se
Mkhaal 8. )(anakfar L> E Ca It Con ction
Date: ^ \ January 3, 2004 Date:
Buyer ' Fit+ �. �(SFAL) Seller (SEAL)
Hortens S Xenskfs
Escrow Agent acknowledges receipt of the earnest mtmey and agrees to hold and disburse the mine In accordance with the
teen tf
Date �t,ti) Fi Coas lopmen as
`_
/M _
i
(Signs Connie Jt
Selling Agent/Firm/Phone Connie JO Boytai Co _ tsl Deveiopfr Realty/800-262.7820
Acting as Buyers Agent I Seller's (sub)Agent ✓Dual Agent
Listing Agent/Firm/Phone _
Acting as Seller's (sub)Agent Dual Agent
Page ol'4
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