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HomeMy WebLinkAbout39677_FARR, EDWARD_20040921❑GAIWA,/ El DREDGE & FILL GENERAL PERMIT ❑New ❑Modification ❑Complete Reissue ElPartial Reissue As authorized by the State of North Carolina, Department of Environment and Natural Resources and the Coastal Resources Commission in an area of environmental concern pursuant to I SA NCAC shb Previous permit # Date previous permit issued E Rules attached. Applicant Name " I /�l'.. Project Location: County__ * L / F i Address `I ' i- '''' '�' ! Street Address/ State Road/ Lot #(s) i City �"° State f ZIP Phone # O ww ' U`)c ax # Subdivision t _.i• J j !''`, Authorized Agent "' Cityt, F i; r f < `` f IV (_ ZIP Affected Cw ❑ Ew [! ? A ❑ ES ❑ PTS Phone # (__) River Basin AEC(s): ❑ OEA ❑ HHF ❑ IH ❑ UBA ❑ N/A Adj. Wtr. Body ' nat Lmanjunkn .' fir• ❑ PWS: ❑FC: Closest Maj. Wtr. Body ORW: yes / nod yes PNA / no Crit. Hab. yes / no Type of Project/ Activity Pier (dock) length Platform(s) _ Finger pier(s) _ Groin length number Bulkhead/ Riprap length avg distance offshore_ max distance offshore Basin, channel cubic yards_ Boat ramp Boathouse/ Boatlift Beach Bulldozing Other Shoreline Length SAM not sure . yes no Sandbags: not sure yes no Moratorium: n/a yes no Photos: yes no -h Waiver Attached: es no, • Y A building permit may be required by: Notes/ Special Conditions Agent or Applicant Printed Name Signature Please read compliance statement on back of permit (State: ) _J I See note on back regarding River Basin rules. Permif'Officer's Signature Issuing Date Expiration Date /e.: Application Fee(s) Check # Local Planning Jurisdiction Rover File Name Statement of Compliance and Consistency This permit is subject to compliance with this application, site drawing and attached general and specific conditions. Any violation of these terms may subject the permittee to a fine or criminal or civil action; and may cause the permit to become null and void. This permit must be on the project site and accessible to the permit officer when the project is inspected for compliance. The applicant certifies by signing this permit that 1) prior to undertaking any activities authorized by this permit, the applicant will confer with appropriate local authorities to confirm that this project is consistent with the local land use plan and all focal ordinances, and 2) a written statement or certified mail return receipt has been obtained from the adjacent riparian landowner(s) . The State of North Carolina and the Division of Coastal Management, in issuing this permit under the best available information and belief, certify that this project is consistent with the North Carolina Coastal Management Program. River Basin Rules Applicable To Your Project: ❑Tarr� Pamlico River Basin Buffer Rules [ Other: F_Q�- @use River Basin Buffer Rules If indicated on front of permit, your project is subject to the Environmental Management Commission's Buffer Rules for the River Basin checked above due to its location within that River Basin. These buffer rules are enforced by the NC Division of Water Quality. Contact the Division of Water Quality at the Washington Regional Office (252-946-6481) or the Wilmington Regional Office (910-395-3900) for more information on how to comply with thesebuffer rules. Division of Coastal Management Offices Central Office Elizabeth City District Mailing Address: 1367 U.S. 17 South 1638 Mail Service Center Elizabeth City, NC 27909 Raleigh, NC 27699-1638 252-264-3901 Location: Parker -Lincoln Building 2728 Capital Blvd. Raleigh, NC 27604 919-733-2293 / 1-888ARCOAST Fax: 919-733-1495 Fax: 252-264-3723 (Serves: Camden, Chowan, Currituck, Dare, Gates, Pasquotank and Perquimans Counties) Morehead City District 151-B Hwy. 24 Hestron Plaza II Morehead City, NC 28557 202-808-2808 Fax: 252-247-3330 (Serves: Carteret, Craven, Onslow -above New River Inlet- and Pamlico Counties) Washington District 943 Washington Square Mall Washington, NC 27889 252-946-6481 Fax: 252-948-0478 (Serves: Beaufort, Bertie, Hertford, Hyde, Tyrrell and Washington Counties) Wilmington District 127 Cardinal Drive Ext. Wilmington, NC 28405-3845 910-395-3900 Fax: 910-350-2004 (Serves: Brunswick, New Hanover, Onslow -below New River Inlet- and Pender Counties) www.nccoastaimanagement.net Revised 10/05/01 T - . , EDWARD C. FARR PATRICIA G. FARR NCDL 4270064 8668122 4611 LUDWELL BRANCH COURT PH. 919-783-0009'l? RALEiGH, NC 27612 PAY TO THE e ORDER OF `Q 66-7549/2531 3369 DATE Y Coastal Federd..Credit Union , r P.O. BOX 26843, CHARLOTTE, NC 28221r www�.)9 coastalfcu.or ``^,{� - if .{` MEMO �1 _ 9i7t007295216000501143369 70 SECTION .1200- GENMAL I'ER.NIf7' FOIZ CONS•IRUCTION OF PIERS: DOCKS: AND BOAT I LOUSES IN ESTUARINE AND PUBLIC TRUST 11'ATERS AND OCEAN IIAZARD AREAS 15A \CAC 0711 .1201 PURPOSE A permit under this Section shalf allow the construction of new piers, docks, and boat 110n5e5 in the estuarine and public tRiSt waters AECs and conSU•uction of nc«• piers and clocks within coastal wetlands AECs according to the authority provided in Subchapter 071 A 100 and according to the Rulesin this Section. This permit shall not apply to oceanfront shorelines or to waters an:d shorelines adjacent to the Ocean Hazard AEC with the exception of those shorelines that feature characteristic; of the EStuarine Shoreline AEC. Such tcatures include the presence of wetland vegetation, lower wa%e energy, and lower erosion rates than the adjacent Ocean Erodible Area. llismrt•A'ntr: Awhnrii *I-G..S'. 113.•f-107(u): 113:f-107(b); 113.-f-113(h); 113:f-1RY.l: 113.4-124; L*ff' Alcu•c•h 1. 19S4; :I memlecl Ell.' eflwil 1. 2003. ISA \CAC 0711 .1202 APPROVAL PROCEDURES (a) The applicant mist contact the Division of Coastat Management and compicte an Application form requesting approval for development. The applicant shall provide information on site location, dimensions of'thc project area, and his name and address. (b) The applicant mist pl-OVWe: (1) confirmation that a written statement has been obtained signed by fl;e adjacent riparian property owners indicating that they have no objections to the proposed work; or (2) confirmation that the adjacent riparian property owners ha%c been notitied by ccrtitied mail Of' the proposed work. S1t,:11 notice shall instruet adjacent property owners to Provide any comments on the proposed development in writin for consideration by pcnnittim, ollicials to the Division of Coastal Management within 10 days of receipt of the notice, and, indicate that no response will be interpreted as no objection. DCNI staff shall review all comments and determine, based on their relevance to the potential impacts of the proposed project, if the proposed project can be approved by a General Permit. II DCM staff finds that tine comments are worthy of more in-depth review, the applicant shall be notified that he must submit an application for a major development permit. (c) Appro%al of individual projects shall be 1cklI0WICLl ed in Writing by the Di%ision of Coastal Management and the applicant shall be provided a copy of this Section. (d) Construction must be completed within 90 days of th:: approval of the permit or the permit expires. (c) Anv modification or iddition to the approved project still[ require prier approval from the Division of Coastal Manavenncnt. MSIO1T :\'arc: : f uthoi-itr G.S. 1 I3A-107(u): L')): Alurch 1, 1954; Anicncleil Elf: August 1, 1998 I5A NCAC 0711 .1203 PHIMIT FEE 113.•I-1117(hl; 113.•I-113(1). Il?.I-11,� l 1/?.I-I'J; J.n;ual-v 1, 1990. The applicant must pay a permit fee of one hundred dollars (SIOO.00) by check or merry order payable to the Department. 1listory•Nutc: Authol-ill.G.S. 113A-107; 113.4-113(b); 113:I-1IS. 1:10.4-119. 113-119.1; 113.4-124; l=ll. Alurch 1, /9S4; Amended Lf: August 1, 2000; March 1, 1991. 15A NCAC 0711 .120.1 GENERAL C0NDITIONS (a) Piers authorized by this general permit shall be for the exclusive use of the land owner, or occupant and shall not provide either leased or rented docking space or any other commercial services. Piers designed to provide docking space for more than two boats shall, because of their greater potential for adverse impacts, be reviewed through the major pemtitting process and, therefore, are not authorized by this general permit. (b) Individuals shall allow authorized representatives of the Department of Environment and Natural Resources to make periodic inspections at any time deemed necessary in order to be sure that the activity being performed under the authority of this general permit is in accordance with the terms and conditions prescribed herein. (c) There shall be no unreasonable interference with navigation or use of the waters by the public by the existence of piers, docks and boat houses. (d) This permit will not be applicable to proposed construction whcrc the Department believes that the - prolroscd activity might unnecessarily endanger adjoining properties; significantly affect historic, culturat, scenic, conservation or recreation values, idctitifted in G.S. 113,-V-102 and-G.S. 113A-I 13(b)(4), nor that might significantly affect the qualit}' of the human environment. (e) This permit (loci not eliminate the need to obtain any other requimd state, local, or federal authorization. (f) Development carried out under this, permit must be consistent with all local requirements, AEC Guidelines, and local land un;e plans current at the time of authorization. Ilistw,l Note: Authot-ityG.S. 113.4-107(a); 113A-107(h); 113A-113(h); 113.4-1IS. 1; 113A-124; LiJ.j: Alarch 1, 1934; An endeal Q: : AM 1, 1990: RRC Objection due to ambiguit.v Ef/: A/at• 19, 1994; :Irnevuh•rl E%/:.•fugust 1, 199LY: Jul t 1, 1994. 15A NCAC 0711 .1205 SPECIFIC CONDITION'S (a) Piers, docks, and boat houses may extend or be located up to a maximum of 400 feet waterward from the normal high water line or the normal water level, whichever is applicable. (b) Piers, clocks, and boat houses shall not extend beyond the established pier length along the same shoreline for similar use. This restriction shall not apply to piers 100 feet or less in length unless necessary to avoid unreasonable interference with navi_ation or other uses of the waters by the public such as bfocking established nay igation routes or interfering with access to adjoining properties. The length of piers shall be measured from the waterward edge of any wetlands that border the water body. (c) Piers longer than 200 fret shall be permitted only if the proposed length gives access to deeper water at a rate of at least one foot at cacti 100 foot increment of pier length longer than 200 feet, or if the additional length is necessary to span sonic obstruction to navigation. Measurcmcnts to determine pier lengths shall be made from the waterward cdI-,e ofany coastal wetland vegetation, which borders the witer body. (d) Piers and docks shall be no wider than six feet and shall be elevated at least three feet above any coastal uvctland substrate as measured from the bottom of the decking. (c) Any portion of a pier (either fixed or floating) extending from the main strucutre and six feet or less in width shall be considered either a "T" or a finger pier. (f) Except in the case of boat houses, any portion of a structure (either fixed or floating) greater than six feet wide shall be considered a platform or deck. (g) "T"s, finger piers, platforms, and decks of piers on lots with shorelines 100 feet or greater in length shall not exceed a combined total area of 400 square feet. The combined total area for lots less than 100 feet shall not exceed four square feet per linear foot of shoreline. (h) Platforms and decks shall have no more than six feet of any dimension extending over coastal wetlands. (i) The width requirements established in Paragraphs (d). (c), (0, (g) and (h) of this Rule shall not apply to pier structures in existence on or before July I, 2001 when structural modifications arc needed to prevent or minimize storm damage. In these cases, pilings and cross bracing may be used to provide structural support as long as they do not extend more than of nvo feet on either side of the principal structure. These modifications may not be used to expand the floor decking of platforms and piers Q) BoathouseS shall not exceed 400 square feet and shall have sides extending no further than one-half the height of the walls as nncaSured in a downward direction from the top wall plate or header and only covering the top half of the walls. Measurements of Square footage shall he taken of the greatest exterior t h less than %5 linear feet of shoreline. dimensions. Boathouses shall not be allowed oil lots %y'tt (k) The area enclosed by a boat lift shall not exceed 400 square feet. (1) Piers, docks, decks, platforms and boat In0uSC5 shall be single story. They may be roofed but shall not be designed to allow second story use. - (m) Pier alignments along federally maintained channels must also meet Corps of Engineers regulations .u-- for pier construction pursuant to Section 10 of the Rivers and Harbors Act. j (n) Piers, docks, and boat houses shall in no case extend more than 1/4 the width of a natural water body, -human-made canal or basin. Measurements to determine widths of the water body, human -made canals or - basins shall be made from the waterward edge ol`any coastal wetland vcgetatiotrwhich borders the water body. The 1/4 length limitation sllall not apply when the proposed pier is located between longer piers within 200 feet of the applicant's property. however, the proposed pier shall not be longer than the pier head line established by the adjaccnt piers, nor, longer than 1!3 the %kidth of the %eater body. (o) Piers, clocks and boat houses shall not interfere with the access to any rilimian property, and Shall have a minimum Setback of 15 feet behycen any part of the pier and the adjaccnt property Gees extended into the hater at the points that the}. intersect the shoreline. The minimum setbacks proei&Il in the rule may be waived by the written agreement of the adjacent riparian owner(s), or when two adjoining riparian owners are Co -applicants. Should the adjacent property be sold before construction of the pier commences, the applicant shall obtain a written agreement with the new owner waiving the minimum setback and Submit it to the Division of Coastal Management prior to initiating any development of the pier, dock, or boat house. The line of clivi>ion of areas of riparian access shall be established by drawing a line along the channel or deep water in front of the property, then drawing a line perpendicular to the line of the channel so that it intersect; with the shore at the point the upland property line meets the water's edge. Application of this I Rule may be aidCd by reference to the approved diagram in I'magraph (r) ofthis Mule illustrating the rUIC as applied to various shoreline configuration;. Copies of the diaCr,tnt may be obtained from the Division of Coastal Management. When shoreline confieuration i; such that a perpendicular ali nmetlt cannot be achieved, the pier shall be aligned to meet the intent of this Rule to the maxinrtun extent practicable. j(p) Piers, and mooring facilities shall be designed to provide docking space for no more than two boats. (q) Applicants for authorization to COIISMICt a dock or pier Shall provide notice of the permit application to the owner of any part of a shellfish franchise or lease over which the proposed cluck or pier would extend. The applicant shall alloy% the lease holder the opportunit% to mark a navigation route front the pier to the edge of the lease. r ThC diagram shown below illusu;uCS the variouS shorelutc confiLurations: 11 sr+ra Nor". Aurhow,G.S. HM-107(up INA-107(b); 113.4-113(b); 113,4-118-1; 113.4-124; 1:f1: rtl trclt 1, 19S4, Anrrnded Ef/: Dc•c-cvnber 1, 1991; A AQ- 1, /990; Ala rch 1, 1990; RKC Objection clue to ambiguity Ef . March 18. 1993; Amended Efj: August 1, 1998; April 23, 1993; Tcnrporun Antcitdment Ell. December 20, 20UI. Antemled L•'(/. rtpri! 1. 2003. { MARTIN e oa szs Pr Its ,fr�-,rs I r -`/fie`' 8, 3>.+��c•s- r I.a Trwvcrzt .�o - Sot a� .3 gyp.:.. ^� �� +�-•: ;y�` ;! N � 4 "� - • l I; a uI .�' 80 A � v, w Nd � Ni+ eon — i�•si.99 "P h w 6o•Oo' z O N+R is tot• 2t.». r��?� `� FF� c e 24y_4 3P \ 1f. In a N 11 f i vt InN+0. N 00 E 2.52 Acrts EtR Z Z , 3 C•.1fti \ 1.ta� _ 3 i '1 z � 180 ,� � �• ost � Sl4' $� � o ' Imo• R b� ' 39 // EY EsA �0'C0 � 53 e/ � 1 m oQj j�10 $9 5 UMFLEET J3 :Zlb 00 9 FROM.: PHOt-.IE NC. 0 Sep. 31' 2004 12:20PM POI ........... ---------- •.............. ........ V.101,Y FARP AWACEWRIP.UUAN PROPERTY OWNER STATEMMI�111 PIERAVOURING 1111.ING-Sli10A7-LIl�-1-180ATIIOVSL.') I 11cro'by cert.i ry t1ju I ptopc-f ty adjKell L to Wile oft r0perty C)sVii P(opefty locawl at -av (1-4to Block, Roa.g' IVIC.) cm N.C. "VVsAvrbody) (Town and/or.Cowity) lie hac descritx-d to me, is shown below, the dev0(.qmnerit Ife' is Proposing at ilat lovalion, and, I have 110 0�jCCOOI's 10 hi'i Pro-POSal. I klode.r'stand that a tier/mrmirrig Pi Iings/boaffiftlboa thou sr,' in List b-C VI NICV, It 11.1;IAiIIIUT)I distance of fl rlrCTI feel (15') 0.0n) my Firea of riparian acce.ss tinless waived by nie, 'K I fio-lwj. wi!Oi to Nyalvo ihe qe1back,io.quiremeOL. I djQ wjOl to WJVC that SVIU,1(1< 1'('qLdrCiIICIIt- I)ESCIOPTION ANWOR DRAWING, OV PHOPOSsEl) DVNTL0PiNILNT-' (I'o be filled In b'v indhidual proposing de�.'efojmlonl) X--- Print of Type Name FROM PHONE NO. 0 Sep. 09 2004 10:09PM P01 ` � 1.1':4 +:! ? f '_:+J i l•:f 14 : 4Jr, ,'�., �'L,y j F...11 k� l il,�f •i�. J"r t•a„ i itu.:+t..t..�d'' 1=+.1'iit it,.' t19/��l�tlt?d 1:. lil Qt J7a;Et'leiiht , • .. �., , ....... J111_I,n'f i cu:'t` {C'U�.� !'II.sRh}ft)�.I�ING r�lr.rNC;,S�l�On7r,►l`•►�urr�trlrr�us�} i ht�rFby vgj.tfy'that X,o"vn pt-byerly lldj:tc mt to . (1�'[Ittte r,►f�ift'ul.'r.i�ty f)t�rls�c'� ' , proNfLy'iurnted at .1'1''1717-,1�_?...4�I,-�f .iY. C�„ # L _F C:..S� "G�..' X-Ar ......,.. . .. (L,ut+ ill�arlt, Rand, Pig,) , (Wattt,bo4y) (Trost rt4aodoor C rtimtty) I Ko 1115 to wc', m shov:n to}luw, the do -clots tt6'+?t he t:; ltreposina At U,-At 10"Atiott, have no trbjcction:[ to Otis PrOPtsoaf, pit IPplivadif, 1lacat)wkISO. mti[sl Ue• set b;wk o minimtIll) dtsovice of Cl'.(tun rrr; !15') om 111) area at'stt,ariar.:wce.gs to less waitril by me. wish li. wa['+'p Ole-setlluk +'•>rtial111 -ml. t to m. ive that srti g.k rctl,[ircli .m. Di;(iCATIVl10N Aih'C. OR'DRAti\•i\(.� (To btf,/IMP11 !rr hs unlyddisty! irre f.lgs dbrolOnt,' • StZ�n�htn4 PfItit o/.f5{v 1t MP• + • : �I�;i•�iephgitt Nuiniher".... ..(.«.,...... ,. �.:, ,. (a : TIN 3'40H4 FROM,: PHONE NO. 0 Jul. 14 2004 10:21AM P03 I OD'►Olf c E d't 0 i Mo 0 1\ IA coo ,` M'"�' �� .. 185.06' S 3' 30' oo•' F: �` _ _. — 'r W r. Yq • l GG `y -0- ' M tl (J(/ Jt 11L3vo`•` Q T 4! �•- t L { 9ZN N u d N r � f' I �V ry t(! (11 4%7 U 936 tv1 OX t- ! - � rr 16 ' rir; '.�if� j1i.'� E t�.r,t^t 45 S�• ¢� 4.41 of �•f• � �Y � � 2.P 3 N t) 7 Off . r 9� M�� OI'.,� f�.1i � . ..:tea • i I " VACANT LOT OFFER TO PURCHASE AND CONTRACT NOTE: This contract is intended for use only for lots which have been developed pursuant to a Subdivision Ordinance adopted by a City or County and for which a plat has been recorded in the Office of the Register of Deeds in the county in which the property is located. If Seller is Buyer's builder and the sale involves the construction of a new single family dwelling prior to closing, use the standard Offer to Purchase and Contract (Form 2) with the New Construction Addendum (Form 2A3). 4� Edward C Farr, Patricia G Roberts —Farr , as Buyer, hereby offers to purchase and John W Carson Jr, Sue L Carson , as Seller, upon acceptance of said offer, agrees to sell and convey, all of that plot, piece or parcel of land described below (hereafter referred to as the "Property"), upon the following terms and conditions: 1. REAL PROPERTY: Located in the City of Havelock TWP. , County of Craven , State of North Carolina, being known as and more particularly described as: Street Address 261 Wards Lane Zip 28532 Subdivision Name Carson Ridge Plat Reference: Lot 2 _Block or Section Pin 4 5-008-129 as shown on Plat Book or Slide at Page(s) (Property acquired by Seller in Deed Book 1212 at Page 250 ). NOTE: Prior to signing this Vacant Lot 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. PURCHASE PRICE: The purchase price is $ 35, 000.00 and shall be paid as follows: (a) $ 250.00 , EARNEST MONEY DEPOSIT with this offer by ❑ cash M personal check ❑ bank check ❑ certified check ❑ other: to be deposited and held in escrow by Realty One! Saunders Real Estate Co ("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) 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 retumed 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 n/a , TIME BEING OF THE ESSENCE WITH REGARD TO SAID DATE. (c) $ n/a , BY ASSUMPTION of the unpaid principal balance and all obligations of Seller on the existing 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) $ 34, 750.00 , BALANCE of the purchase price in cash at Closing. 3. CONDITIONS: (State N/A in each blank that is not a condition to this contract.) (a) Buyer must be able to obtain a a Conventional ❑ Other: loan at a a Fixed Rate ❑ Adjustable Rate in the principal amount of $28 , 000.00 for a term of 5 year(s), at an initial interest rate not to exceed (7.750) % per annum, with mortgage loan discount points not to exceed .5 % of the loan amount. Buyer shall apply for said loan within 3 days of the Effective Date of this contract. Buyer shall use Buyer's best efforts to secure the lender's customary loan commitment letter on or before August 20, 2004 and to satisfy all terms and conditions of the loan commitment letter by Closing. After the above letter date, Seller may request in writing V3This form jointly approved by: Page 1 of 4 North Carolina Bar Association n STANDARD FORM 12 - T TOR- North Carolina Associaliou of REALTORS*, Inc. WPOR TTM" 07/2003 Buyer Initials itfC tt` Seller initials REALTY ONE SAUNDERS REAL ESTATE CORP PO BOX 942, MOREHEAD CITY NC 28557 Phase: 2S22477444 Fax: 2522477177 REALTY ONES SAUNDERS REAL T5652504.ZF-X Produced wM rpFom — by RE FwmsNK LLC lam FNs"n Ws Rood, Ckftn Towns*. Wchumn i8M, (OM 30-cAM 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 ("Intended Use"). (c) The Property must be in substantially the same or better condition at Closing as on the date of this offer, reasonable wear and tear excepted. (d) All deeds of trust, liens and other charges against the Property, not assumed by Buyer, must be paid and satisfied by Seller prior to or at Closing such that cancellation may be promptly obtained following Closing. Seller shall remain obligated to obtain any such cancellations following Closing. (e) Title must be delivered at Closing by GENERAL WARRANTY DEED unless otherwise stated herein, and must be fee simple marketable 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; 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. 4. SPECIAL ASSESSMENTS Seller warrants that there are no pending or confirmed governmental special assessments for sidewalk, paving, water, sewer, or other improvements on or adjoining the Property, and no pending or confirmed owners' association special assessments, except as follows: n/a (Insert "None" or the identification of such assessments, if any.) Seller shall pay all owners' association assessments and all governmental assessments confirmed through the time of Closing, if any, and Buyer shall take title subject to all pending assessments, if any, unless otherwise agreed as follows: n/a 5. PRORATIONS AND ADJUSTMENTS: Unless otherwise provided, the following items shall be prorated and either adjusted between the patties 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) All late listing penalties, if any, shall be paid by Seller; (c) Rents, if any, for the Property shall be prorated through the date of Closing; (d) 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 $ n/a per n/a 6. 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 $ n/a , excluding any portion disapproved by Buyer's lender. 7. 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: tide 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 tide insurance policy in such attorney's file to Buyer and both Buyer's and Seller's agents and attorneys; and (2) the Property's title insurer or its agent to release and disclose all materials in the Property's title insurer's (or title insurer's agent's) file to Buyer and both Buyer's and Seller's agents and attorneys. & 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. 9. CLOSING: Closing shall be defined as the date and time of recording of the deed. All parties agree to execute any and all documents and papers necessary in connection with Closing and transfer of title on or before Se tetnber 30 2004 at a place designated by Buyer. The deed is to be made to Edward C. Farr and Wife Patricia G. Robertg-,F CLOSING SHALL CONSTITUTE ACCEPTANCE OF THE PROPERTY IN ITS THEN EXISTING CONDITION UNLESS PROVISION IS OTHERWISE MADE IN WRITING 10. POSSESSION: Unless otherwise provided herein, possession shall be delivered at Closing. No alterations, excavations, tree removal or other such activities may be done before possession is delivered. Page 2 of 4 STANDARD FORM 12 - T 0 7/2003 ..pp Buyer Initials G_ 1 iJ � Seller Initials PmdoW -1r, ZkF-- M RE Fcm Nst U.0 180Z FA"n ram. Ro.d cry, Tor—tV. WtiSp" . MM 383-%W T5652504.ZFX { 11. SEWER SYSTEM (check only ONE): ❑ Buyer has investigated the costs and expenses to install the sewer system approved by the Improvement Permit attached hereto as Exhibit A and hereby approves and accepts said Improvement Permit. ❑ Seller represents that the system has been installed, which representation survives Closing, but makes no further representations as to the system. Buyer acknowledges receipt of the Improvement Permit attached hereto as Exhibit A. Buyer shall have the option of inspecting or obtaining, at Buyer's expense, inspection(s) to determine the condition of the system. If the system is not performing the function for which intended and is in need of immediate repair, Buyer may terminate this Contract and the Earnest Money Deposit shall be refunded to Buyer. Buyer waives this condition unless Buyer provides written notice to Seller by that this condition cannot be satisfied, time being of the essence. ❑ This contract is contingent upon Buyetg an Improvement Permit or written evaluation from the County Health Department ("County") for a (check only ONE�.ZO-Adroom onal or ❑ other ground absorption sewage system fora home. All costs and expenses of obtaining such Permit or written evaluation shall be borne by Buyer, except Seller, by no later than 09/01/2004 , shall be responsible for clearing that portion of the Property required by the County to perform its tests and/or inspections. Buyer shall use Buyers best efforts to obtain such Permit or written evaluation. If the ground absorption sewage system is not allowed, Buyer may terminate this contract and the Earnest Money Deposit shall be refunded to Buyer. Buyer waives this condition unless Buyer provides written notice to Seller by 09/30/2004 that this condition cannot be satisfied, time being of the essence. ❑ Buyer has investigated and approved the availability, costs and expenses to connect to a ❑ public or ❑ community sewer system. 12. SOIL, WATER, UTILITIES AND ENVIRONMENTAL CONTINGENCY: This contract is contingent upon Buyer obtaining report(s) that (i) the soil is suitable for Buyers Intended Use, (ii) utilities and water are available to the Property, (iii) there is no environmental contamination, law, rule or regulation that prohibits, restricts or limits Buyers Intended Use, and (iv) there is no flood hazard that prohibits, restricts or limits Buyers Intended Use (collectively the "Reports"). All costs and expenses of obtaining the Reports shall be borne by Buyer. Buyer shall use Buyers best efforts to obtain such Reports. If the Reports cannot be obtained, Buyer may terminate this contract and the Earnest Money Deposit shall be refunded to Buyer. Buyer waives this condition unless Buyer provides written notice to Seller by 09/17/2004 that this condition cannot be satisfied, time being of the essence. 13. RIGHT OF ENTRY, RESTORATION AND INDEMNITY: Buyer and Buyers agents and contractors shall have the right to enter upon the Property for the purpose of appraising the Property, and performing the tests and inspections permitted in Sections 11, 12 and 13 of this contract. If Buyer terminates this contract as provided herein, Buyer shall, at Buyers expense, restore the Property to substantially its pre -entry condition within thirty days of contract termination. Buyer will indemnify and hold Seller harmless from all loss, damage, claims, suits or costs, which shall arise out of any contract, agreement, or injury to any person or property as a result of any activities of Buyer and Buyers agents and contractors relating to the Property. This indemnity shall survive this contract and any termination hereof. Notwithstanding the foregoing, Seller shall be responsible for any loss, damage, claim, suit or cost arising out of pre-existing conditions of the Property and/or out of Sellers negligence or willful acts or omissions. 14.OTHER PROVISIONS AND CONDITIONS: (ITEMIZE ALL ADDENDA TO THIS CONTRACT AND ATTACH HERETO.) Sale subject to Buyer obtaining permit to build a dock Seller to pay for update on provisional septic approval Seller to have root mat seporated from debris pile and burn remaining pile 15. RISK OF LOSS: The risk of loss or damage by fire or other casualty prior to Closing shall be upon Seller. 16. ASSIGNMENTS: This contract may not be assigned without the written consent of all parties, but if assigned by agreement, then this contract shall be binding on the assignee and his heirs and successors. 17. 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. 18. 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. 19. 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 REALTORO or broker and Seller or Buyer as contained in any listing agreement, buyer agency agreement, or any other agency agreement between them. Page 3 of 4 STANDARD FORM 11- T r ©7/2003 � -Je' Buyer Initials � Seller Initials Produced *1h ZipF-- by RE FomnsNK LLC raM FMMen Vie Road, Ckftn Township, Mchgen 49M. MOO) 383.96M T5652504 ZFX 20. 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 REALTOR® or broker hereto, and the panties 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 REALTORS®, 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: %- — t7 -k— Date: Buyer —� - �"-- (SEAL) Seller Edward C Farr (SEAL) L, John W Carson Jr Date: --jr— ? Date: Buyer -PaZW�- SEAL Seller Patricia G Robert Farr ) (SEAL) _ ��_ Sue L Carson Escrow Agent acknowledges receipt of the earnest money and agrees to hold and disburse the same in accordance with the terms hereof. Date v ev za.re Firm: Realty Gnei Saunders Real Estate Co By: Selling Agent/Firm/Phone Buck Carson Realty One! Saunders Real Estate Co (252) 247 7444 Acting as ❑ Buyer's Agent M Seller's (sub)Agent ❑ Dual Agent Listing Agent/Firm/Phone Buck Carson Realty One! Saunders Real Estate Co (252)247 7444 Acting as ® Seller's (sub)Agent ❑ Dual Agent Page 4 of 4 STANDARD FORM 12 - T 0712003 Produced wih Z'PF-- by RE F—A&SL UJC 1WZ Fiber M% ROW, Cb*bn Tvw. Wt*pn OM. MW) 3n4i" 6 T5652504.7 FX 6 �, , �J,s�,X �`� z�� '�2( 7�T-�