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HomeMy WebLinkAboutNTB_05-36_Wellman_NTB Local Government CDASTgL M1 ON OF CAMA Own-mgVELOPMENT 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" NTB 05/36 Permit Number Issued to Mr. David Wellman, authorizing development in ORW Shoreline (AEC) at 208 Porta Vista Drive. North Topsail Beach, NC. 28460 as requested in the permittee's application, dated April 12. 2005. This permit, issued on May 2. 2005, 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. DEVELOPMENT FOR THE ORW SHORELINE - 7H. 0209 This permit authorizes the construction of a single family dwelling with driveway, landscaping. (1) All proposed development and associated construction must be done in accordance with the permitted work plat drawings(s) dated received on April 12, 2005. (2) All construction must conform to the N.C. 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 re-evaluation and modification of this permit. (4) The amount of impervious surface shall not exceed 25% of the lot area within the 575' Area of Environmental Concern (AEC), in this case 2,504 square feet. NC Storm Water Permit #890904 limits the impervious coverage to 4,900 square feet. 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, 2008 In issuing this permit it is ag;W 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. Sue McL CAMA Local Permittee (signature required if conditions above apply to permit) Name: WELLMAN Minor Permit # 05/36 Date: 05/02/05 (5) In order to prevent sedimentation, a vegetated buffer zone must be maintained between all disturbed areas and the adjacent water body or marsh. In this case a 30-foot wide naturally vegetated or planted buffer has been accepted. (6) Prior to initiating any land -disturbing activities, a barrier line of filter cloth, staked hay bales, or burlap must be installed between the land -disturbing activity and the adjacent marsh or water areas, until such time as the area has been properly stabilized with a vegetation cover. This filter cloth barrier must be located at least 30 feet from normal high water. (7) Storm water collection systems are prohibited under this permit, as they are adjacent to all ORW waters. (8) Pursuant to 15 NCAC, Subchapter 710406 (b), this permit may not be assigned, transferred, sold, or otherwise disposed of to a third party. (9) All unconsolidated material resulting from associated grading and landscaping shall be retained on site by effective sedimentation and erosion control measures. (10)All disturbed areas shall be restored with vegetation, which will be planted and mulched within 14 days of construction completion. (11 This permit does not give permission for construction of a pier. (12)A cony of this permit shall be posted or available on site. Contact this office for a final inspection at completion of work 910-328-1349. RI MAY 092005 C AS A� MANAOF GEMENT 168474 Affidavit of Publication j�y��� 15065896 Jacksonville Daily News J� 1 of 2 Jacksonville, NC MAY G 12 r� DIVI�I Personally appeared bWme,ary Public of the County of Onslow, State of Norti &A nvpL t Gtl Wday EMEN6 ,� of The Daly News, who being duly sworn, states that the advertisement entitled CAMA - WELLMAN, DAVID a true copy of which is printed herewith, appeared in The Daily News, a newspaper published in the City of Jacksonville, INC, County of Onslow, State of North Carolina, 1 day n the following dates: April 16, 2005 NORTH CAROLINA ONSLOW COUNTY NOTICE OF FILING OF APPLICATION FOR CAMA MINOR DEVELOPMENT PERMIT Pursuant to NCGS 113A-119 (b), the Town of North Topsail Beach, a locality authorized to issue CAMA permits in Areas of Environmental Concern, hereby gives NOTICE that on April 12, 2005, Mr. David Wellman, applied for a CAMA permit to construct a single family dwelling with a foot print of 952 at 20B Porta Vista Drive, North Topsail Beach, Onslow, County, North Carolina. The appl ication may be inspected at the address belaw.Public comments received by April24, 2005, will be considered. Later comments will be accepted and considered up to the time of permit decision. Project modifications may occur based on further review and comments. Notice of the permit decision in this matter will be provided upon written request. CAMA PERMIT #05136 Sue McLaughlin, CAMA Local Permit Officer Town of North Topsail Beach 2008 Loggerhead Court North Topsail Beach, NC 28460 April 16, 2005 APR 1 6� )// DEVELOPMENT PERMIT In 1974, the North Carolina General Assembly passed the Coastal Area Management Act and set the stage for guiding development in fragile and productive areas that border the state's sounds and oceanfront. Along with requiring special care by those who build and develop, the General Assembly directed the Coastal Resources Commission (CRC) to imple- ment clear regulations that minimize the burden on the applicant. This application for a minor development permit under CAMA is part of the Commission's effort to meet the spirit and intent of the General Assembly. It has been designed to be straightforward and require no more time or effort necessary from the applicant. Please go over this folder with the Local Permit Officer (LPO) for the locality in which you plan to build to be certain that you understand whatinformation he or she needs. Under CAMA regulations, the minor permit is to be issued within 25 days once a complete application is in hand. Often less time is needed if the project is simple. The process generally takes about 18 days. You can speed the approval process by making certain that your application is complete and signed, that your drawing meets the specifications given inside and that your application fee is attached. Other permits are sometimes required for development in the coastal area. While these are not CAMA-related, we urge you to check with the Local Permit Officer to determine which of these you may need. A listing is included on page 2 of this folder. We appreciate your cooperation with the North Carolina Coastal Man- agement Program and your willingness to build in a way that protects the resources of our beautiful and productive coast. Coastal Resources Commission Division of Coastal Management ff '6 -7aq7 F EA O !I IME k 0) s Locality c,20B AA97-P 6_09 Permit Number leas! Ocean Hazard Estuarine Shoreline ORW Shoreline Public Trust Shoreline _Other 2rmi (For official use only) que HY; GENERAL INFORMATION LAND OWNER Name71:>0.y 1 Cx \.Q1Iry-,ftt, Address E�n]r ZXSSL.} Hy" City ���' -� EStale Zip aL815 Phone 41a - 719. 3B46 AUTHORIZED AGENT Name yot Address City State Zip Phone LOCATION OF PROTECT: (Address, street name and/or directions to site. If not oceanfront, what is the name of yoi the adjacentwaterbody?) QQ?A, '1 o�S ra V : N'L_ � ID L}a DESCRIPTION OF PROTECT: (List all proposed construction and land disturbance.) OEV n ��e�J ConS}ruclt5 n -6 rL SIZE OF LOT/PARCEL: q } a. a —square feet acres �N cte PROPOSED USE: Residential_ (Single-family ✓ Multi -family _) Comal/us rial� Other O �3 107 TOTAL ENCLOSED FLOOR AREA OF A BUILDING IN THE OCEAN HAZA) TAREA JN - RONMENTAL CONCERN (AEC): , 60LA square feet (includes all floors Oki to -covere ks) lave Z SIZE OF BUILDING FOOTPRINT AND OTHER IMPERVIOUS OR BUILT -UPON SURFACES IN THE COASTAL SHORELINE AREA OF ENVIRONMENTAL CONCERN (AEC):1.34W sq. ft. (Calculations include the area of the roof/drip line of all buildings, driveways, covered decks, concrete or masonry patios, etc. that are within the applicable AEC. Attach your calculations with the project drawing.) Choose the AEC area that applies to your property: (1) within 75 feet of Normal High Water for the Estuarine Shoreline AEC (2) within 575 feet of Normal High Water for the Estuarine Shoreline AEC, adjacent to Outstanding Resource Waters S (3) within 30 feet of the Public Trust Shoreline AEC S (Contact your Local Permit Officer if you are not sure which AEC applies to your property.) STATE STORMWATER MANAGEMENT PERMIT: Is the project located in an area subject to a StateS&mwater Management Permit issued by the N.C. Division of Water Quality? � E3c pzb YES NO // If yes, list the total built -upon area/impervious surface allowed for your lot or parcel, 0�5 �_ square feet. OTHER PERMITS MAY BE REQUIRED: The activiry you are planning may require permits other than the CAMA minor j development permit. As a service we have compiled a list of the kinds of permits that might be required. We suggest you check over the list '7 with your LPO to determine if any of these apply to your project: Zoning, Drinking Water Well, Septic Tank (or other sanitary waste .r.. treatment system), Burning, Electrical, Plumbing, Heating and Air Conditioning, Insulation and Energy Conservation, FIA Certification, Sand Dune, Sediment Control, Subdivision Approval, Mobile Home Park Approval, Highway, Connection, and others. z STATEMENT OF OWNERSHIP: I, the undersigned, an applicant for a CAMA minor development permit, being either the owner of property in an AEC or a person authorized to act as an agent for purposes of applying for a CAMA minor development permit, certify that the person listed as landowner on this application has a significant interest in the real property described therein. This interest can be described as: (check one) r —an ,o�waner or record title. Title is vested in �n�h.,r Cf8 t ert_*tt see Deed Book ALp page in the Oh- ))& v taim Im 1 County Registry of Deeds. an owner by virtue of inheritance. Applicant is an heir to the estate of , probate was in County.` O l _if other interest, such as written contract or lease, explain below or use a separate sheet and a;o this appli�if N NOTIFICATION OF ADJACENT PROPERTY OWNERS: �� T I furthermore certify that the following persons are owners of properties adjoining this property. I affirm that{ave ACTUAL NOTICE to each of them concerning my intent to develop this property and to apply for a CAMA mIt. (Name) (Address) (I)\,11LLE.TiE A-bav1As Lirwk�L 1o1.% 4n Vislmbr ►r ToTy,:\ Send' 140— Qguun (2) 'iwndr C.\nro t yvi rip otowi OTTAVA iPL 'bAyer Sprtvt Mfg 1ng t„o (3) 34kGeaSE,N. Car•► 1,S`. An #_rn C1409 £I�rn6.44. C rrul4pn m� a��59 (4) FOR DEVELOPERS IN OCEAN HAZARD AND ESTUARINE HAZARD AREAS: I acknowledge that the land owner is aware that the proposed development is planned for an area which may be susceptible to erosion and/or flooding. I acknowledge that the local permit officer has explained to me the particular hazard problems associ- ated with this lot. This explanation was accompanied by recommendations concerning stabilization and floodproofing tech- niques. PERMISSION TO ENTER ON LAND: I furthermore certify that I am authorized to grant and do in fact grant permission to the local permit officer and his agents to (n enter on the aforementioned lands in connection with evaluating information related to this permit application. IT�j This application includes: general information (this form), a site drawing as described on the back of this application, the ownership statement, the AEC hazard notice where necessary, a check for $100.00 made payable to the locality, and any infor- mation as may be provided orally by the applicant. The details of the application as described by these sources are incorporated without reference in any permit which may be issued. Deviation from these details will constitute a violation of any permit. Any person developing in an AEC without permit is subject to civil, criminal and administrative action. p This the, _1 day of 20 r AMA .,a...,.. �....n�.,.,n., Servicer, U.S. Postal CERTIFIED MAIL,, RECEIPT (Domestic Mail Only; Nei Insurance Coverage Provided) For delivery information visit our weosite at www.usps.com€ m FLTON f7b ' I}7 9 rr O Postage $ $2.30 m CedlSed Fee O O Return Reciepl Fee O (Endreement Required) 0445 04 Postmark Here t0.00 $0.00 O Restricted Delivery Fee m (Endorsement Required) $ $2.67 t1J Torel Postage & Fees 04/12/2005 ru Sent To 1 /1 O _ wCJon.__LlACA__it_.__C1O21!!________.______.__.._._ M1 or POT Box No.. 0i%A0A__ L�� ------ A...__..__._..__.__.. Ci State, ZlP14 PS Form 3800, June 20112 See Reverse ter instructions • • stal ServiceTrl CERTIFIED MAIL, RECEIPT tt3 o M1 C Mail Only; ccAL O Pom ce deeQ 7ccC ¢45 Po:vna k0O Retum ReciepHere O (Endorsement Reqm(EndorsesudReqru Total Postage &04/12/2005 See Reverse for lnsVucliosL 0PS 7 ,r`4' U �? d,.. ca C L..� "Q t M1 C3 Postage $ 118.37 $2.30 rn certined Fee 0445 M M Return Redept Fee O 04 Postmark Here $0.00 (Endorsement Required) p Restricted Delivery Fee m (Endorsement Required) $0.00 O M Total Postage & Fees 1 $ $2.67 1 04/12/2005 PS Form 3800, June 2002 See Reverse far Instructions NOTICE OF FILING OF APPLICATION FOR CAMA DONOR DEVELOPMENT PERMIT Pursuant to NCGS 113A-119(b), the Town of North Topsail Beach, a locality authorized to issue CAMA permits in Areas of Environmental Concern, hereby gives NOTICE that on April 12, 2005, Mr. David Wellman, applied for a CAMA permit to construct an single family dwelling with a foot print of 952 at 208 Ports Vista Drive, North Topsail Beach, Onslow County, North Carolina. The application may be inspected at the address below. Public comments received by April 24, 2005, will be considered. Later comments will be accepted and considered up to the time of permit decision. Project modifications may occur based on further review and comments. Notice of the permit decision in this matter will be provided upon written request. CAMA PERMIT # 05/36 Please print on April 16, 2005 Sue McLaughlin CAMA, Local Permit Officer Town of North Topsail Beach 2008 Loggerhead Court North Topsail Beach, NC 28460 C) O' 'P _ c Z z N Q m c`3i In z AEC HAZARD NOTICE Project Is In An: Ocean Erodible Area V 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 onbuilding 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 erosion rate for the area where your property is located is a 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 c2l O feet landward in a major storm. The flood waters in a major storm are predicted to be about !$•Beet 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's§t acknowledge this information and requirements by signing this notice in the below space. Without the proper signature, the application will not be complete. �< I _,�� l d, tee � 4a< Dat 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. For more information, contact: Loca ermit Officer Address Locality Phone O Cn v r_ ::10 Zo o ; O rn m Revised 11193 ns/ ;o/moo ♦o: �� o ... m." .... ,I Lot 13 'k Lot 21 16. Lot 14 \ c^ y � CERIFrA>E OF SANnW L OgnDY Mara Padgett m Rmy art rr n1 6+g1Mi r ��, b. °a'WJ pMriral �eR v fm Mon m agar s "t°ioa8o Mesa r r NL�m�aMarch ion I�XIp UAL L•MW Lot 15 M March 9, 2005 Ref. M.B. 26, Pg. 125 Tbb In a speawtl X s_u oW h ram pww oo! —IS asdet i..d Project Na ,MwNonspatu{ by IM Depvbm o! H. Nq aed i i'� Oran By,Urbm DMdapmmt. 7I1' iS R 30' WVLT FQe Thomas Nelson Danny Marco Padgett Surveying 99 Village Drive of 14 Holly Ridge, NC 28415 'ortofino Office. (910)327-19 7 sump Sound Township,. Onalow County. NC 0 D t� `W V' f >z mm �s 9 z ADJACENT P-TP 4 RL7 - I PROPERTY OWNER STAT EI, �I- I hereby certify that own property adjacent to �j)nv; d. \tireilmanFF , • (Name or Property Owner) u property located at gyp$ for\ O Y i s\-m-- '-be- Lei 1Ll (Lot; Bloch, Road, etr-.) on in —Con- :,;\ D nsloac (Waterbody) (Town and/or County) He has described to mp js shown below, the development he is proposing at that location, and, I have no objections to his proposal DECBIPTiON AND/OR DRAWING OF PROPOSED. DEVELOPIIE:NT- 1, (To bE jMed in by indiyidud proposing development) J Cs= j rG � G)O rn ^ . +�I s t m .1t Signatur- Hint or Type Name • Telephone Number I at--: -79- OFFER TO PURCHASE AND CONTRACT �° Wellman's Construction, Inc. Or- 4J � 'dub as Buyer, hereby offers to purchase and Thomas W. 1qelson and Lorraine B. Nelson 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 and conditions: I. REAL PROPERTY: Located in the City of North Topsail Beach County of Onslow State of North Carolina, being known as and more particularly described as: Street Address 208 Porto Vista Dr North Topsail Beach NC Zip 28460 Legal Description: Lot 14 Portofino ( ❑ All ❑ A portion of the property in Deed Reference: Book 2181 , Page No. 174 Onslow 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 ia)Vppliances, light fixtures, ceiling fans, attached floor coverings, blinds, shades, drapery rods and curtain rods, brackets and all:teCatA hardware, window and door screens, storm windows, combination doors, awnings, antennas, satellite dishes and receivers; burg% fire/smoke alarms, pool and spa equipment, solar. energy systems, attached fireplace screens, gas logs, fireplace inserts, electrlc=garage d_isor openers with controls, outdoor plants and trees (other than in movable containers), basketball goals, storage shedspmailboxes wall;a— or door mirrors, and any other items attached or affixed to the Property, EXCEPT the following items: 3. PERSONAL PROPERTY: The following personal property is included in the purchase per. O Y 4. PURCHASE PRICE: The purchase price is $ *****225,000.00 2 ra : (a) $ *****1,000.00 EARNEST MONEY DEPOSIT with this offer by ❑ cash M per k ❑ certified check ❑ other: y, to be deposited and held in escrow by Fuss and Fairlev, P.C. ("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: (I) 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 request, 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 disposition has been obtained or until disbursement is ordered by a court of competent jurisdiction. (b) $ N/A ADDITIONAL EARNEST MONEY DEPOSIT to be paid to Escrow Agent no later than 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 loan(s) secured by a deed of trust on the Property in accordance with the attached Loan Assumption Addendum. (d) $ N/A BY SELLER FINANCING in accordance with the attached Seller Financing Addendum. (e) $ 224,000.00 . BALANCE of the purchase price in cash at Closing. 5. CONDITIONS: (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/VA Financing Addendum) ❑ Conventional ❑ Other: loan at a ❑ Fixed Rate ❑ Adjustable Rate in the principal amount of $ ***** (plus any financed VA Funding Fee or FHA MIP) for a term of year(s), at an initial interest rate not to exceed % per annum, with mortgage loan discount points not to exceed % of the loan amount. Buyer shall apply for said loan within days of the Effective Date of this contract. Buyer shall use Page 1 of 5 Buyer Initialsoh�_ Seller Initial � k/� _46� NC Bar Association Form No 2 O 1995, 2002, 2004 This Standard Form has been approved jointly by the: NORTH CAROLINA BAR ASSOCIATION —NC Bar Form No. 2 NORTH CAROL NA ASSOCIATION OF REALTORS®, INC. — Standard Form 2 - T Buyer-s best efforts to secure the lender's customary loan commitment letter on or before and to satisfy all terms and conditions of the loan 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 of Seller's request, Seller may terminate this contract by written notice to Buyer at any time thereafter, provided Seller has not then received a copy of the letter or the waiver. (b) There must be no restriction, easement, zoning or other governmental regulation that would prevent the reasonable use of the Property for residential purposes. (c) The Property must be in substantially the same or better condition at Closing as on the date of this offer (or as of the Option Termination Date if Alternative 2 of paragraph 13 applies), 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 otherwisest rein, and must be fee simple marketable and insurable title, free of all encumbrances except: ad valorem taxes for t1�= (prorated through the date of Closing); utility easements and unviolated restrictive covenants that do not mat ally fact the'yolve of the Property; and such other encumbrances as may be assumed or specifically approved by Buyer. The ,perry must havvp: �al access to a public right of way. tP 'rf0 4 - 1 v% :) 'r 6. SPECIAL ASSESSMENTS: Seller warrants that there are no pending or confirms goeinmepgl special assessments for sidewalk paving, water, sewer, or other improvements on or adjoining the Property, and tt din H— confirined owners' association special assessments, except as follows: none (Insert "None" or the identification of such assessments, if any.) Seller shall pay all ets' assocatioo ` sessments and all governmental assessments confirmed through the time of Closing, if any, and Buyer shall take le s 'ding assessments, if any, unless otherwise agreed as follows: none m 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 shall be prorated through the date of Closing. Seller represents that the regular owners' association dues, if any, are $ per 8. CLOSING EXPENSES: Buyer shall be responsible for all costs with respect to any loan obtained by Buyer. 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. 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. If Seller is to pay any of Buyer's expenses associated with the purchase of the Property, the amount thereof shall be $ none , including any FHA/VA lender and inspection costs that Buyer is not permitted to pay, but excluding any portion disapproved by Buyer's 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, being 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, attorney's opinions on title, surveys, covenants, deeds, notes and deeds of trust and easements relating to the Property. Seller authorizes (1) any attorney presently or previously representing Seller to release and disclose any title insurance policy in such attorneys file to Buyer and both Buyers and Seller's agents and attorneys; and (2) the Property's title insurer or its agent to release and disclose all materials in the Propertys title insurer's (or title insurer's agent's) file to Buyer and both Buyer's and Seller's agents and attorneys. 11. LABOR AND MATERIAL: Seller shall furnish at Closing an affidavit and indemnification agreement in form satisfactory to Buyer showing that all labor and materials, if any, furnished to the Property within 120 days prior to the date of Closing have been paid for and agreeing to indemnify Buyer against all loss from any cause or claim arising therefrom. Page 2 of 5 Buyer Initials Seller Initials v/ jJ k`I tV NC Bar Association Form No 2 O 1995, 2002 , 2004 This Standard Forth has been approved jointly by the: NORTH CAROLINA BAR ASSOCIATION —NC Bar Fom No. 2 NORTH CAROLINA ASSOCIATION OF REALTOR3®, INC. — Standard Forth 2 - T 12. 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. ❑ 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) vacant ❑ The Property is residential and was built prior to 1978 (Attach Lead -Based Paint or Lead -Based Paint Haaards Disclosure Addendum.) j 13. PROPERTY INSPECTION, APPRAISAL, INVESTIGATION (Choose ONLY ONE ❑ ALTERNATIVE 1: � (a) Property Inspection: Unless otherwise stated herein, Buyer shall have the option of inspecting, 0 iniWat Btt;F s expense inspections, to determine the condition of the Property. Unless otherwise stated herein, it is a conditio o is e6ntraly*019t (i) the built-in appliances, electrical system, plumbing system, heating and cooling systems, roof coverings (incl� fling and -'gutters), doors and windows, exterior surfaces, structural components (including foundations, columns, chimneys4", TSIS, cet s and roofs), porches and decks, fireplaces and flues, crawl space and attic ventilation systems (if any), water and�y I r s3 ems (ptlb and private), shall be performing the function for which intended and shall not be in need of immediate repagjii) there shalom no unusual drainage conditions or evidence of excessive moisture adversely affecting the structure(s); and (iii) Mere shall le asbestos or existing environmental contamination. Any inspections shall be completed and written notice of ne�gss a all be given to Seller on or before Seller shall provide written notice to BuyW_o Se r 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. (b) 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 in accordance with the regulations of the North Carolina Structural Pest Control Committee, stating that as to all structures, except there was no visible evidence of wood -destroying insects and containing no indication of visible damage therefrom. 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. (c) Repairs: Pursuant to any inspections in (a) and/or (b) 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, any items not covered by (a)(i), (a)(ii), (a)(iii) and (b) above are excluded from repair negotiations under this contract. (d) Radon Inspection: Buyer shall have the option, at Buyer's expense, to have the Property tested for radon on or before the date for completion of inspections as set forth in paragraph 13 (a) above. The test result shall be deemed satisfactory to Buyer if it indicates a radon level of less than pico curies per liter of air (as of January 1,1997, EPA guidelines reflect an "acceptable" level as anything less than 4.0'pico curies per liter of air). If the test result exceeds the above -mentioned level, Seller shall have the option of. a) completing necessary corrective measures to bring the radon level within the satisfactory range; or b) refusing to complete any corrective measures. Upon the completion of corrective measures, Buyer may have a radon test performed at Seller's expense, and if the test result indicates a radon level at or below the level listed above, it shall be deemed satisfactory to the Buyer. If Seller elects not to complete necessary corrective measures, or if corrective measures are attempted but fail to bring the radon level within the satisfactory range, Buyer shall have the option of: a) accepting the Property with its then current radon level; or b) terminating the contract, in which case all earnest monies shall be reloaded. (e) Cost Of Repair Contingency: Notwithstanding the above and as an additional remedy of Buyer, if a reasonable estimate of the total cost of repairs and/or corrective measures required by (a), (b) and (d) above equals or exceeds S then Buyer shall have the option to terminate this contract and all earnest monies shall be returned to Buyer. (1) Appraisal Contingency: The Property must appraise at a value equal to or exceeding the purchase price or, at the option of Buyer, this contract may be terminated and all earnest monies shall be refunded to Buyer. If this contract is not subject to a financing contingency requiring an appraisal, Buyer shall arrange to have the appraisal completed on or before . The cost of the appraisal shall be borne by Buyer. (g) CLOSING SHALL CONSTITUTE ACCEPTANCE OF THE PROPERTY IN ITS THEN EXISTING CONDITION UNLESS PROVISION IS OTHERWISE MADE IN WRITING ,a�g,eof 5 �� Buyer Initials Seller Initials airV �P NC Bar Association Form No 20 1995. 2002 , 2004 This Standard Form has been approved jointly by the: NORTH CAROLINA BAR ASSOCIATION —NC Bar Form No. 2 NORTH CAROLINA ASSOCIATION OF REALTORS®, INC. — Standard Form 2 - T ❑ ALTERNATIVE 2: (This Alternative applies ONLY 1fAlternative 2 is checked AND Buyer has paid the Option Fee.) (a) Property Investigation with Option to Terminate: In consideration of the sum of $ (do not insert So, N/A, or leave blank) paid by Buyer to Seller (not Escrow Agent) and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged (the "Option Fee"), Buyer shall have the right to terminate this contract for any reason or no reason, whether related to the physical condition of the Property or otherwise, by delivering to Seller written notice of termination (the "Termination Notice") by 5:00 p.m. on 20� time being of the essence (the "Option Termination Date"). At any time prior to Closing, Buyer shall have the right to inspect the Property at Buyer's expense (Buyer is advised to have all inspections and appraisals of the Property, including but not limited to those matters set forth in Alternative 1, performed prior to the Option Termination Date). }� (b) Exercise of Option: If Buyer delivers the Termination Notice prior to the Option T ate, time being of the essence, this contract shall become null and void and all earnest monies received in connection he�yti shallrbg.�funded to Buyer; however, the Option Fee will not be refunded and shall be retained by Seller. If Buyer fails ttr liv' a Terniftiation Notice to Seller prior to the Option Termination Date, then Buyer will be deemed to have accepted the PropT m its�hysidal. copdition existing as of the Option Termination Date, excluding matters of survey. The Option Feeisnot re dab 1! in rt oF�py,earnest monies, and will be credited to the purchase price at Closing. -7` 'L � (c) CLOSING SHALL CONSTITUTE ACCEPTANCE OF TIME PROPERTY IIurn T1tN EXISTING CONDITION UPII.hJJ rxuytJlutN 1J U I HER WIJL MADE IN wKI I"I NU. I C) • 0 2'L s •;� d 14. REASONABLE ACCESS: Seller will provide reasonable access to the Property (incluorking, exls f tilities) through the earlier of Closing or possession by Buyer, to Buyer or Buyer's representatives for the purlrpses of a al spection, andlor evaluation. Buyer may conduct a walk-through inspection of the Property prior to Closing. 15. CLOSING: Closing shall be defined as the date and time of recording of the deed. All pa Vis agree to execute any and all documents and papers necessary in connection with Closing and transfer of title on or before **See Additional Provisions at a place designated by Buyer. The deed is to be made to Wellman's Construction Below 16. POSSESSION: Unless otherwise provided herein, possession shall be delivered 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. 17. OTHER PROVISIONS AND CONDITIONS: (ITEMIZE ALL ADDENDA TO THIS CONTRACT AND ATTACH HERETO.) 1. Closing shall occur within ten (10) days of issuance of Sewer Tap from North Topsail Utilities, Inc. The sewer tap fee has already been paid. 2. Seller shall provide buyer with a copy of the existing property survey. WiM%ir+ 30'>V%45 'issUn(Iti aG Sew'er —twp 18. RISK OF 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 19. 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. 20. 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. 21. 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. 22. 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. Page 4 of 5 Buyer Initials Seller Initials</a i) Id NC Bar Association Form No 2 ® 1995, 2002, 2004 This Standard Form has been approved jointly by the: NORTH CAROLINA BAR ASSOCIATION — NC Bar Form No. 2 NORTH CAROLINA ASSOCIATION OF REALTORS®, INC. — Standard Form 2 - T 23. NOTICE AND EXECUTION: Any notice or communication to be given to a party herein may be given to the party or to such parry'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 REALTOe or broker hereto, and the parties adopt the word `SEAL" beside their signatures below. Buyer acknowledges having made an on -site personal examination of the Property prior to the making of this offer. THE NORTH CAROLINA ASSOCIATION OF REALTORSS, INC. AND THE NORTH CAROLINA BAR ASSOCIATION MAKE NO REPRESENTATION AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION OF THIS FORM IN ANY SPECIFIC TRANSACTION. IF YOU DO NOT UNDERSTAND THIS FORM OR FEEL THAT IT DOES NOT PROVIDE FOR YOUR LEGAL NEEDS, YOU SHOULD CONSULT A NORTH CAROLINA REAL ESTATE ATTORNEY BEFORE YOU SIGN IT. Date: February 17, 2005 Buyer (SEAL) Wellman's Construction, Inc. Date: February 17, 2005 Buyer��(SEAL) Date: February 17th, 2005 11 Selle> U d (SEAL) Thomas W. Nelson Date: February 17, 2005 � Seller �, c/ u P5 1 (SEAL) Lorraine B. Nelson Escrow Agent acknowledges receipt of the earnest money and agrees to hold and disburse the same in accordance with the terms hereof. d _ a9_0.5 Selling Listing Firm: Fuss and Fairlev. P.C. Acting as 0 Buyer's Agent ❑ Acting as ® Seller's Page 5 of 5 Dual Agent Dual G!7 �p DU ZL �O � m_17 m z NC Bar Association Fom No 2 C 1995, 2002 , 2004 This Standard Fonn has bean approved jointly by the: NORTH CAROLINA BAR ASSOCIATION —NC Bar Fom No. 2 SITE DRAWINGIAPPLICATION CHECKLIST lease make sure your site drawing includes the following information required for a CAMA minor development :rmit. The drawing may be simple and not necessarily to scale. The Local Permit Officer will help you, if :quested. HYSICAL DIMENSIONS Labelroads Label highways right-of-ways Label local setback lines Label any and all structures and driveways currently existing on property HYSICAL CHARACTERISTICS Draw and label mean high water mark Draw location of on -site wastewater system you will be working in the ocean hazard area: Draw and label dune ridges (note height) Draw and label toe of dune Identify and locate first line of stable vegetation Draw and label setback line under CAMA Draw and label topographical features (optional) you will be working in an estuarine shoreline area: Draw and label landward limit of AEC Describe terrain (slope) WVELOPMENT PLANS Draw and label areas that will be disturbed If a house is to be placed on lot, describe location of house Note size of pflin and depth to be placed in ground Draw and label all areas to be paved or graveled Describe composition of surface Note and list fully all trees and vegetation to be removed or relocated Show landscaping TOTE TO APPLICANT lave you: • completed all blanks and / or indicated if not applicable? • notified and listed adjacent property owners? • included your site drawing/ • signed both application and statement of ownership? • enclosed the $100.00 fee? • completed an AEC Hazard Notice, if necessary? FOR STAFF USE Site Notice Posted �� Final Inspection Fee Received Site Inspections Date of Action: Issued Exempted Revised 3/2003 Denied Appeal Deadline (20 days)