SC_95-056_McCullough, George & Ann

SURF CITY
Local Government
SC95-056
Permit Number
George D. & Ann E. McCullough
148 Kempenfelt Dr.
Darrie, Ontario
I4M-1C2
CAMA
MINOR DEVELOPMENT
PERMIT
as authorized by the State of North Carolina, Department of Environment,
Health, and Natural Resources and the Coastal Resources Commission for development
in an area of environmental concern pursuant to Section 113A-118 of the
General Statutes, "Coastal Area Management."
Issued to GEORGE & ANN MCCULLOUGH authorizing development in SURF CITY
at LOT 46, Sec. II, Island Oaks
as requested in the permittee's application, dated 10/3/95
This permit, issued on 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.
1) All proposed development and associated construction must be done in accord-
ance with the permitted workplan drawing(s) as originally submitted.
1
2) All construction must conform to the N. C. Building Code requirements and
all other local, state and federal regulations.
3) Any changes in the plans for development, construction, or land use activi-
ties will require a re-evaluation and modification of this permit.
4) The amount of impervious surface areas shall not exceed 30% of the lot area
within the 75' Area of Environmental Concern.
5) In order to prevent sedimentation, a vegetated buffer zone must be maintained
between all disturbed areas and the adjacent waterbody or marsh.
6) Prior to initiating any land -disturbing activities, a barrier line of filter
cloth, stacked hay bales, or burlap must be installed between the land -dis-
turbing activity and the adjacent marsh or water areas, until such time as
the area has been properly stabilized with a vegetated cover.
7) Pursuant to 15 NCAC, Subchapter 7J.0406(b), this permit may not be assigned,
transferred, sold or otherwise disposed of to a third party.
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 per-
mit 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 modifications not covered
under this permit requires further written permit approval.
All work must cease when this permit expires on December
31, 1998
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.
CT
D 60
c
C••-
Division of •.
P. O. Box 27687
address
Raleigh, INC 27611
(signature required if special conditions above apply to permit)

` Division of Coastal Management
# 6t Application Processing Notes
rzql-
Applicant:
Deadline:
Date/Time: Message:
cl� S

SURF CITY
Local Government
SC95-056
Permit Number
CAMA
MINOR DEVELOPMENT
PERMIT
as authorized by the State of North Carolina, Department of Environment,
Health, and Natural Resources and the Coastal Resources Commission for development
in an area of environmental concern pursuant to Section 113A-118 of the
General Statutes, "Coastal Area Management."
Issued to Joseph T. Howell
authorizing development in Surf City at Lot 46 Sec II Island Oaks
as requested in the permittee's application dated 10/03/95
This permit, issued on 10/23/95, issubjectto 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.
1. All proposed development and associated construction must be done in accordance with
the permitted workplat drawing(s) as originally submitted.
2. All construction must conform to the N.C. building Code requirements and all other
local, state and federal 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 areas shall not exceed 30% of the lot area within
the 75' Area of Environmental Concern.
5. In order to prevent sedimentation, a vegetated buffer zone must be maintained betwee
all disturbed areas and the adjacent waterbody or marsh.
6. Prior to initiating any land -disturbing activities, a barrier line of filter cloth,
stacked 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 vegetated cover.
7. Pursuant to 15 NCAC, Subchapter 7J.0406(b), this permit may not be assigned, transfe
sold or otherwise disposed of to a third -party.
8. This permit is for the a single family dwelling only.
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 modifications not covered
under this permit requires further written permit approval.
All work must cease when this permit expires on
December 31, 1998
In issuing this permit it is agreed that this project is consis-
tent 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.
I/ Local Permit Officer (signature)
Jane B. Kirk
name
P. 0. Box 2475
address
Surf City, NC 28445
(signature required if
above apply to permit)
,

APPLICATION FOR TRANSFER
OF A CAMA MINOR DEVELOPMENT PERMIT
INFORMATION ON ORIGINAL PERMIT
Permit Number: SC95-056 Permittee's Name: Joseph T . Howell
Type of Area of Environmental Concern: Estaurine Shoreline
Description of Proposed Project: Single Family Dwelling
Location of Proposed Project: Lot 46, Sect. II, Island Oaks
r p_nrga T1. MrCn11 nuah and Ann F.M R ul l o +gh , hereby request(s) a transfer
of the above CAMA Minor Development Permit. (I)(We) will use the permit only for the
purpose for which it was originally issued and propose no substantial changes or modifications
of the project as originally proposed. (1)(We) will abide by all CAMA regulations currently in
effect concerning (my)(our) proposed project.
Si ature —� r Date
Mailing Address
DOCUMENTS TO BE ATTACHED TO THIS APPLICATION
1. A copy of a Deed, a Sale, a Lease, or Option to the proposed new party showing the
proposed new party as having the sole legal right to develop the property.
2. A copy of the original permit and any accompanying conditions and drawings.
3. A site drawing of the proposed new parry's project which includes the following
information:
(a) Physical Dimensions: Label roads, highway right-of-ways, local setback lines,
any and all structures and driveways currently existing on the property.
(b) Physical Characteristics: Draw and label mean high water mark (MHW) and
septic tank or filter field. If working in an Ocean Hazard Area: Draw and label
dune ridges (noting height), toe of dune, first line of stable natural vegetation,
CAMA setback line and topographic features. If working in an Estuarine
Shoreline Area: Draw and label landward limits of AEC and describe the terrain
and slope.
(c) Development Plans: Draw and label areas that will be disturbe3,
paved or graveled, and, the location and dimensions of the props
4. A. check in the amount of $50.00 made payable to DEHNR. tjJ906
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99 49 CHARLES F. RIGGS & ASSOCIATES. INC.
P. 0. BOX 1570, JACKSONVILLE, NC 28541-1570
30' 202 WARLICK STREET, JACKSONVILLE, NC 28541-1570
TELEPHONE: [phone]

STANDARD PROVISIONS'
1. EARNEST MONEY: In the event this offer is notaccepted,
or in the event that any of the conditions hereto are not satisfied,
or in the event of a breach of this contract by Seller, then the
earnest money shall be returned to Buyer, bill 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 the earnest money shall be forfeited, but such
forfeiture shall riot affect any other remedies available lo'Scllcr
fog such breach. NOTE: In the event of a dispute between Seller
and Buyer over the returmor, forfeiture of earnest money held in
escrow by a broker, the broker is required by Slate law to rcutin,.
said earnest money in his trust or escrow account until he has
obtained a written release from the parties consenting to its
disposition or until disbursement is ordered by it court ill'
competent jurisdiction.
2. LOAN ASSUMED: In the event a loan is assumed as pall ill'
the payment of the purchase price, then all payments due from
Seller thereon must be current at closing, and the principal
balance assumed shall be computed as of the date of closing. The
amounts shown for the assumption balance and cash at closing
shall be adjusted as appropriate at closing to reflect thefinal
computations.:UnlessrBuyer has otherwise specifically agreed in
writing, the existing loan must be assumable without either
acceleration of the amount secured or any change in the original
terms of the note and deed of trust. Buyer shall be responsible
for all loan assumption costs. Seller shall have no obligation to
pay any loan assumption costs unless specifically set forth in this
contract. The escrow account, if any, shall be purchased by
Buyer.
3. PROMISSORY NOTE ANDMEED OF TRUST: In .the
event a promissory note secured by a deed of trust is given by
Buyer to Seller as part of the payment of the purchase price, the
promissory note and deed of trust shall be in the form of and
contain the provisions of the currently approved' N.C. Bar
Association Forms 4 and 5, as modified in paragraph 3(c) on the
reverse side hereof.
4. 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 to the date of closing;
(b) Ad valorem taxes on personal property for the entire year
shall be paid by Seller;
(c) All late listing penallics, if any, %hall be paid by Seller:
(d) Rents, if any, for the Property shall be prorated to the dale of
closing.
(e) Accrued; but -unpaid interest ;aid other charges it') Seller, it
any, shall be computed to the date ill' elosing and paid by Seller.
Interest and other charges prepaid by Seller shallhecredited to
Seller at closing and paid by Buyer. (Other charges may include
FHA mortgage insurance premiums, private mortgage insurance
premiums and homeowner's association dues.)
5. FIRE AND OTHER CASUALTY: The risk of loss or
damage by fire or other casualty prior to closing shall be upon
Seller.
6. CONDITIONS:
(a) The Property must be in substantially the same condition at
closing as on the date of this offer, reasonable wear and tear
excepted.
(b) All deeds of trust, liens and other charges against the
Property, not assumed by Buyer, must be paid and cancelled by
Seller prior to or at closing.
(c) Title must be delivered at closing by general warranty deed
and must be fee simple marketable title, free of all encumbrances
except ad valorem taxes for the current year (prorated to the dap
of closing), utility easements and unviolated restrictive covenants
that do not materially affect the value of the Property and such
other encumbrances as may be assumed or specifically approved
by Buyer. The Property must have legal access to a public right
-of way.
7. NEW LOAN: Buyer shall be responsible for all costs with
respect to any new loan obtained by Buyer. Seller shall have no
obligation to pay any discount fee or other charge in connection
therewith unless specifically set forth in this contract.
8. INSPECTIONS: Unless otherwise stated herein: (i) the
electrical, plumbing, heating and cooling systems and built-in
appliances, if any, shall be in good working order at closing;
(ii) the roof, gutters, structural components, foundation,
fireplace(s) and chimney(s) shall be performing the function for
which intended and shall not be in need of immediate repair;
(iii) there shall be no unusual drainage conditions or evidence of
excessive moisture adversely affecting the structure(s);'and (iv)
the well/water and septic/sewer systems, if any, shall be adequate,
not in need of immediate repair and performing the function for
which intended. Buyer shall have the option to have the above
listed systems, items and conditions inspected by a reputable
inspector or contractor, at Buyer's expense .(unless otherwise
provided in this contract), but such inspections must be
completed in sufficient time before closing to permit any repairs
to be completed by closing. If any repairs are. necessary, Seller
shall have lac option of (a) completing them, (b) providing for
their completion, or (c) refusing to complete them. If Seller
elects not to complete or provide for the completion of the
repairs, then Buyer shalfhave the option of (d).accepting the
Properly io its present condition, or (e) terminating this contract,
in which case the earnest money shall be refunded, Closing shall
constitute acceptance of each of the systems, items and
conditions listed in (i), (ii), (iii) and (iv) above in its then existing
condition unless provision is otherwise made in writing.
If BUYER OBTAINS A VETERANS ADMINISTRATION (VA)
LOAN, SELLER SHALL PAY THE COST OF ANY WELUWATER
AND SEPTIC/SEWER SYSTEM INSPECTION.
RF.COMMENDATION: Buyer should have any inspections
made prior to incurring expenses for closing.
9. 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 fonn,in accordance with the regulations of the North
Carolina Structural Pest Control Committee, stating that there
was no visible evidence of wood -destroying insects and
containingno indication of visible damage therefrom. The report
must be obtained in sufficient time before closing 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. If any structural repairs are necessary,
Seller shall have the option of (a) completing them, (b) providing
for their completion, or (c) refusing to complete them. If Seller
elects not to complete or provide for the completion of structural
repairs, then Buyer shall have the option of(d) accepting the
Property in its present condition, or (e) terminating this contract,
in which case the earnest money shall be refunded. The Buyer is
advised that the inspection report described in this paragraph
may not always reveal either structural damage or damage caused.
by :ageols or organisms other than wood-deshWing insects. If
new construction, Seller shall provide a new construction termite
guarantee.
IF BUYER OBTAINS A VETERANS ADMINISTRATION (VA)
LOAN, SELLER SHALL PAY THE COST OF THE WOOD -
DESTROYING INSECT REPORT.
10. LABOR AND MATERIAL: Seller shall furnish at closing an
all'idavit and indemnification agreement in form satisfactory: to
Iluycr Showing that till labor and malcrials,.if any, furnished to
lie 11toperly 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.
11. FU EL: Buyer agrees to purchase from Seller the fuel, if any,
situated in a tank on the Property at the prevailing rate, with the
cost of measurement thereof, if any, being paid by Seller.
12. CLOSING EXPENSES: Seller shall pay for the
preparation of it deed and for the excise tax (revenue stamps)
required by haw. 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.
13. 'EVIDENCE OF TITLE: Seller agrees to use his best
efforts to deliver to Buyer as soon as reasonably possible after the
acceptamw of this offer, 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,
cuveuanls, deeds, notes and deeds of trust and easements relating
w the Iroperty.
14. ASSIGNMENTS: This contract may not be assigned
without the written agreement of all parties, but if assigned by
agreement, then this contract shall be binding on the assignee and
his heirs and successors. ,
15. PARTIES: Thiscontract shall be binding upon and shall
inure to the benefit of the parties 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.
16. 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 oirthe parties hereto until fully observed,
kept or performed.
17. ENTIRE AGREEMENT: Buyer acknowledges that he has
inspected the Property. This contract contains the entire agreement
of the parties and there are no representations, inducements or
other provisions otherthan those expressed in writing.. All changes,
additions or deletions hereto must be in writing and signed by all
parlics. Nothing contained herein shall alter any agreement
between a REALTORO or broker and Seller as contained in any
listing contract at, other agreement between them.

OFFER TO PURCHASE AND CONTRACT
V" )
George D.McCullough & Ann E. McCullough tah and daughter Kelly A Mi-rii 11 yJkBuyer,
hereby offers to purchase and arinpnh T unman nd Taurn K Howoll as Seller,
upon acceptance of said offer, agrees to sell and convey, all of that plot, piece or pnrcel of land described below, together with all improvements
located thereon and such personal property as is listed below (the real and personal property are collectively referred to as "the Property"), in
accordance with the Standard Provisions on the REVERSE SIDF I IEREOF and upon the following terms and conditions:
1. REAL PROPERTY: Located in the City ul'___Sur f C—i tY----- _.._.__. ... _, County of,
Petl�ers• ---- .. --- ---. f , heing known as and more particularly described as:
Sl:dc n Nurlh ('oroliu:
StreetAddress '__ _'Lip _2E445
Legal Description_- _ Nn. nak Drfirp .
Lot 4A Rer+inn IT nF 'Tg1 and_Oaks_.
2. PERSONAL PROPERTY-
3. PURCHASE PRICE: The purchase price is $ 51 r 0 0 0 _0 0 and shall be paid as follows:,) a ?1 :,
(a) $ , in eamest money paid by ohaalc (ca9h `iiktik beitOi 1t4$6i,tiftal check)
with the delivery of this contract, to be held in escrow by
as agent, until the sale is closed, at which time it will be credited to Buyer, or un 1 [hiss con '6t19'othi:rwise
terminated and it is disbursed in accordance with the Standard Provisions on the REVERSE SIDE HEREOF:
(b) $;t/a by assumption of the unpaid principal balance and all obligations of Seller on the' existtag to ui; s Cured by a
deed of trust on the Property; e
(c) '$_n/a , by a promissory note secured by a purchase money deed of trust on the Property with interest prior to default
at the rate of n/a %,per annum payable as follows: At�B
n/^
Prepayment restrictions and/or penalties, if any, shall be: n /a
Assumption or transfer rights, if any, shall be: e/a
(d) $ 491,000.00 the balance of the purchase price in cash at closing.
4. CONDITIONS: (State N/A in each blank of paragraph 4(a) and 4(b) that is not a condition to this contract.)
(a) The Buyer must be able to obtain a firm commitment on or before n,/a effective through the date of closing,
fora n/a _ _ loan in the principal amount of $ n/a fora term of /a vear(s), at an interest
rate not to exceed n� a .:%.per annum,.with mortgage loan discount points not to exceed _=% of the loan amount. Buyer agrees
to use his best efforts to secure such commitment and to advise Seller immediately upon receipt of the lender's decision. If Seller is to pay any
loan closing costs, those costs are as follows: trans11,
(b) The Buyer must be able to assume the unpaid principal balance of the existing loan described in paragraph 3(b) above for the remainder
of the loan term, at an interest rate not to exceed n In % per annum fixed (or describe type of loan) _ 13/g
with mortgage loan assumption and/or discount points not to exceed _n/a °/„ or the loan balance. (See Standard Provision No. 2) If such
assumption requires the lender's approval, approval must be granted on or before nTa . Buyer agrees to use his
best, efforts to secure such approval and to advise Seller immediately upon his receipt of the lender's decision. If Seller is to pay any loan
assumption costs, those costs are as follows: n/a
(c) There must be no restriction, easement, zoning or other governmental regulation that would prevent the reasonable use of the real
property for residential purposes.
5. ASSESSMENTS: Seller warrants that therc:uc nospecial assessmems, either pending or confirmed, for sidewalk, paving, water, sewer
or other improvements on or adjoining the Property, execpl as Follows: _.___prop.er.ty OWnPY9 As anr+i a+inn dua�
$100.00 per year __(Insert "None" or the identification of such assessments, if any. The agreement
for payment or proration of any assessments indicated is to be set forth in paragraph 6 below.)
6. OTHER PROVISIONS AND CONDITIONS:
(a) All of the Standard Provisions on the REVERSE SIDE HEREOF are understood and shall apply to this instrument, except the following
numbered Standard Provisions shall be deleted:' (If none are to be deleted, state "None".) 2 o , t
LAMA Permit to be t f
rans erred to Buyers
Otherwise Seller shall provide Seller's
tha Buyer can apply for their own CAMA
name,. if allowed by law.
documentation to Buyer, so
permit.
IF THERE ARE ANY ADDENDA TO THIS CONTRACT, INDICATE ABOVE AND ATTACH HERETO.
7. CLOSING: All parties agree to execute any and all documents and papers necessary in connection with closing -and transfer of title
on or before June 28.1996 ataplacedesignatedby ConstantThe deed is to be made to George D.Me-n1lo,gh and Ann F Mrfnlln„gh'^nd roily A'VM -11nx
8. POSSESSION: Possession shall be delivered �B �96 i n g ; , :.; >.
In the event that Buyer has agreed that possession is not delivered at closing, then Seller agrees to pay to Buyer the sum of $'��'
per day from and including the date of closing to and including the datethatpossession is to be delivered as above set forth.
9. COUNTERPARTS: This offer shall become a binding contract when signed by both Buyer and Seller. It is to be sighed in 4
counterparts with a sig� ed c9unteipart being retained by each party hereto and the escrow agent, if any.
Date of Offer__j /D Date of Accccpptance: �' / . -
AL)
Buys l (SEAL) SELLER (SEAL)
,
I hate y ackn�`T"e g c Ipt of the earnest money herein set forth and agree to hold and disburse the some in accordance with the terms hereof,
Date Firm
By:
®
SellingAgenVFirm e-o.. •„ c•4-0e� �L✓ �e.�, Actin ee,�L7(DuulA enb
REALTOR' ListingAgent/Firm ' (� OIiI"BAR
This Standard Form has been NORTH CAROCIATION as Form Na.2
approved jointly by the: NORTH CAROLINA ASSOCIATION OF REALTORSe, INC. as standard Form No. 301 Copydght 02195