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HomeMy WebLinkAbout40063_HARDEE, J. R._20041014a DCAMA / . I DREDGE & FILL ® "f Ll A11)63 GENERAL PERMIT Previous permit# ❑New JModification ❑Complete Reissue Partial Reissue Date previous permit issued As authorized by the State of North Carolina, Department of Environment and Natural Resources and the Coastal Resources Commission in an area of environmental concern pursuant to 15A NCAC ❑.Rules attached. Applicant Name J %` Project Location: County Address ✓`` -44 ` �'"P Street Address/ State Road/ Lot #(s) r � City_ �f 1 C , . { (; State ZIP Phone # (�- ) ^'1 . } : Fax # ( ) - Subdivision Authorized Agent fi `_t City t o PAI _ ZIP �- (,/: Affected ❑ CW D-EW S3 PTA ❑ ES ❑ PTS Phone # ( ) River Basin ❑ OEA ❑ HHF ❑ IH F UBA ❑ N/A '� L i �/ / AEC(s): ❑ PWS: El FC: � Adj. Wtr. Body v (nat an unkn ORW: yes / no PNA yes / no ; Crit. Hab. yes / no Closest Maj. Wtr. Body Type of Project/ Activity Pier (dock) length Platforms) Finger pier(s) Groin length number Bulkhead/ Riprap length_ avg distance offshore_ max distance offshore_ Basin, channel _ cubic yards Boat ramp Boathouse/ •Boatlift_ 3. K. Beach Bulldozing Other Shoreline Length J SAV: not sure yes no Sandbags: not sure yes no Moratorium: n/a yes no Photos: yes no Waiver Attached: yes , no' A building permit may be required by: Notes/ Special Conditions Agent or Applicant Printed Name Signature Please read compliance statement on back of permit Application Fee(s) Check # (Scale: ✓w d ,%-i— ) See note on back regarding River Basin rules. Permit Officer's Signature Issuing Date Expiration Date 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 local ordinances, and 2) a written statement or certified mail return receipt has been obtained from the adjacent riparian landowner(s) . The State of North Carolina and the Division of Coastal Management, in issuing this permit under the best available information and belief, certifythat this project is consistent with the North Carolina Coastal Management Program. River Basin Rules Applicable To Your Project: ❑ Tar- Pamlico River Basin Buffer Rules _j Other: Neuse River Basin Buffer Rules If indicated on front of permit, your project is subject to the Environmental Management Commission's Buffer Rules for the River Basin checked above due to its location within that River Basin. These buffer rules are enforced by the NC Division of Water Quality. Contact the Division of Water Quality at the Washington Regional Office (252-946-6481) or the Wilmington Regional Office (910-395-3900) for more information on how to comply with thesebuffer rules. Division of Coastal Management Offices Central Office Elizabeth City District Mailing Address: 1367 U.S. 17 South 1638 Mail Service Center Elizabeth City, NC 27909 Raleigh, NC 27699-1638 252-264-3901 Location: Fax: 252-264-3723 Parker -Lincoln Building 2728 Capital Blvd. Raleigh, NC 27604 919-733-2293 / 1-888ARCOAST Fax: 919-733-1495 (Serves: Camden, Chowan, Currituck, Dare, Gates, Pasquotank and Perquimans Counties) Morehead City District 151-13 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.nccoastalmanagement.net Revised 10/05/01 J. R. HARDEE NCDL 2301197 LPG �Dd 104 RATTAN LANE PH 252-726-5837 MOREHEAD CITY, NC 28557 Pay to the Order of_ ck • - t-) R Q t State Employees' Credit Union Morehead City, North Carolina 62._ For J�� ��. 1: 2 S 3 17 701,91:086 29644 38 71 20 2 3 2023 66-7704/2531 ate Dollars INTRACOASTAL WATERWAY 839.18 99.53 101.69 89.96 I -- ,o8.3s 105.B8 Belcher arrdee "'3'S Diehlman N. Rodriquez q Smith Hardee Property IW6perty Property N Property Property Property 9 j O N _ p ROAD \. � PROPO E 91.05 79.40 77.39 97.82 90.26 82. A 9 .1 N00°38'03"W 5.79 140.38 Sight Plan Hardee Property Lot #7 Block C Sea Gate Beaufort Township Notes: Proposed 6'x65' max. access to a 50'x8' "T" running with gazebo and two uncovered boat lifts on either side of the proposed plat form L, ` VACANT LOT OFFER TO P U R C I IASE 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 `, x"•i located. If Seller is Buyer's builder and the sale involves the construction of a new single family dwelling prior to closing, use the t; > tystandard Offer to Purchase and Contract (Form 2) with the New Construction Addendum (Form 2A3). t { herebyoffers to purchase and Buyer„ P , as Seller, F upon acceptance of said offer, agrees to set and convey, all of that plot, piece or parcel of land described bel w (hereafter referred to': as the "Property"), upon the following terms and conditions: n z ,r a 1. REAL PROPERTY: Located in the City of Seaop—o✓-- , County of i.'o,r+ e.re-+ State of North Carolina, being known as and more particularly described as,',,, Street Address ZrP ZIM-% Subdivision Name s :Plat Reference: Lot Block or Section C_ as shown on F ; Plat Book or Slide at Page(s) (Property acquired by Seller in Deed Book at Page G A -NOTE: Prior to signing this Vacant I:ot Offer to Purchase and Contract, Buyer is advised to review Restrictive Covenants, if any r ._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 documentsif the owners' association and/or the subdivision, if applicable. }i „2. PURCHASE PRICE: The purchase price is $ and shall be paid r -as follows: (a) $ ' ODO , EARNEST MONEY DEPOSIT with this offer by ❑ cash ❑ personal check 'Y.. ❑ bank check ❑ certified check ❑ other: to be deposited e+. 4. and held in escrow by FS _ t� "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 M 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 another remedies available to Buyer for such breach. In the event this offer is accepted and Buyer breaches this contras Y Y P Y t, 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) $ f dQD. r'� ADDITIONAL EARNEST MONEY DEPOSIT to be paid to Escrow Agent no later than TIME BEING OF TI-IE ESSENCE WITH REGARD TO SAID DATE. (c) $ f , BY ASSUMPTION of the unpaid principal balance and all obligations of Seller on the existing loan(s) secured by a de d of trust on the Property in accordance with the attached Loan Assumption Addendum. (d) $ N� , BY SELLER FINANCING in accordance with the attached Seller Financing Addendum. (e) $ , 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 ❑ Conventional ❑ Other:loan at a ❑ Fixed Rate ❑ Adjustable Rate in the principal amount of /l,(/1 for a term of _M year(s), at an initial interest rate not to exceed 1& & % per annum, with mortgage loan discount points not to exceed rA % of the loan amount. Buyer shall apply for said loan within g4jG 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 , 0- 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 Pagel of 4 This form jointly approved by: ® North Carolina Bar Association aenuoas North Carolin ss ciation of REALTORS, Inc. Buyer Initials Seller Initials STANDARD FORM 12 - T ® 7/2003 • - _ may, � ' c... of the loan commitment letter. If Buyer fails to provide Seller a copy of the loan commitment letter or a written waiver of this k ae. loan condition within five days of receipt of Seller's request, Seller may terminate this contract b written notice to Buyer at an eF Y P q , Y Y Y time thereafter, provided Seller has not then received a copy of the letter or the waiver. r (b)' There must be no restriction, easement, zoning or other governmental regulation that would prevent the reasonable use of ek, r , ,. f+:.. Property for $oad- 17oele purposes ("Intended Use's ' (c) The Property must be in substantially the same or better condition at Closing as on the date of this offer, reasonable wear and teaT� w excepted. oaf k ` (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 r such cancellations following Closing. (e) Title must be delivered at Closing by GENERAL WARRANTY DEED unless otherwise stated herein, and must be fee simple r marketable and insurable title, free of all encumbrances except: ad valorem taxes for the current year (prorated through the date of t ` Closing);utility easements and unviolated restrictive covenants that do not materially affect the value of the Property; ty y p rty; and such other encumbrances as may be assumed or specifically approved by Buyer. The Property must have legal access to a public ri s` of way. y y SPECIAL ASSESSMENTS: Seller warrants that there are no pending or confirmed governmental special assessments for x' nsidewalk.'paving, water, sewer, or other improvements on or adjoining the Property, and no pending or confirmed ownersassociation. 3-special assessments except as follows: Ro V., %t xe ;(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, of an and Buyer shall take title subject to all pending assessmen ,.g b b, Y, � Y J P g �. . _if any, unless otherwise agreed as follows: K o we J r N : 5. 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) 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 sir ,.represents that the regular owners' association dues, if any, are S -- per +o toe dtVy M; ►+4Ld . 6. CLOSING EXPENSES: Buyer shall be responsible for all costs with respect to any loan obtained by Buyer. Buyer shall pay forF 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 $ Novi ,excluding any portion disapproved by Buyer's w 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: 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 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. 8. 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. E 9. CLOSING: Closing shall be defined as the date and time of recording of the deed. All parties agree to execute any and � �a_ll` `documents and papers necessary in connection with Closing and transfer of title on or before A!� ♦1rnt, s�C1Gsi,ne► (off �Y—��G s at a place designated by Buyer. The deed is to be made to t t CLOSING SHALL CONSTITUTE ACCEPTANCE Oh Tl1L' PROPI•;RTY IN ITS THEN EXISTING CONDITION UNLESS S n� __-___ -..t_avtd� 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. s.. L Page 2 of 4 STANDARD FORM 12 - T Buyer Initials Seller Initials 07/2003 Ei . 1 w r 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 ash 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 Buyer obtaining an Improvement Permit or written evaluation from the County Health Department Y+ ("County")for check only ONE ❑ conventional or ❑ other ound • ( Y ) _-. PST � absorption sewage system for a bedroom home. All costs and expenses of obtaining such Permit or written evaluation shall be borne by Buyer, except Seller, by no later than , shall be responsible for clearing that portion of the ; Y ;;,Property required by the County to perform its tests and/or inspections. Buyer shall use Buyer's 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, ' + k., —Deposit shall be refunded to Buyer. Buyer waives this condition unless Buyer ,provides written notice to Seller, by,, r ., 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 syst,c V 71 . 12. SOIL, WATER, UTILITIES AND ENVIRONMENTAL CONTINGENCY: This contract is contingent upon Buyer obtaining ?- �,yx v report(s) that (i) the soil is suitable for Buyer's 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 Buyer's Intended Use, and (iv) there is no flood `. ,hazard that prohibits, restricts or limits Buyer's Intended Use (collectively the "Reports"). All costs and expenses of obtaining the � Reports shall be borne by Buyer. Buyer shall use Buyer's 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 _ that this condition cannot be satisfied, time being of the essence..' 13. RIGHT OF ENTRY, RESTORATION AND INDEMNITY: Buyer and Buyer's 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 Buyer's 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 nrjury to any person or property as a result of any activities of Buyer and, Buyer's agents and contractors relating to the Property. This indemnity shall survive this contract and any termination hereof. ;M Notwithstanding the foregoing, Seller shall be responsible for any loss, damage, claim, suif or cost arising out of pre-existing conditions of the Property and/or out of Seller's negligence or willful acts or omissions. :3 14. OTHER PROVISIONS AND CONDITIONS: (ITEMIZE ALL ADDENDA TO THIS CONTRACT AND ATTACH HERETO.)'ihe pwr i &Se_ o$ +k%'%S lob iS Lo.hdiSvbjee� 4. 4hc, kerm T whd Csicl, 'o v, S og 41�t ktSe.fva�ran,' f 1dt SVev%+g�ttn►ot,ni-^ion Lc.nd;w . _� bwyer eltr.�s Moil• +o 'Pvrat�o►%P_ /of dr ..,� as-l\i&v%-Gkls C&AVroc4 keomeli rivll and Yoid. ��'` .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,' r 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 t: performed. 3 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 REALTOR" or broker and Seller or Buyer as contained in any c listing agreement, buyer agency agreement, or any other agency agreement between them. x << Pa,e 3 of 4 r3- STANDARD FORM 12 - T Buyer Initials Seller Initial 0 7/2003 4 � '•sy S z A Z. 20. NOTICE4AND EXECUTION: Any notice or communication to br given to a party herein may be given to the party or to such ;t r. parry's agent. This offer shall become a binding contract (the "Ef'fective 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 togeth constitute one and the same instrument, with a signed original being retained by each party and each REALTOe or broker hereto, x. and the parties adopt the word "SEAL" beside their signatures below. , f Buyer acknowledges having made an on -site personal examination of the Property prior to the making of this offer. J, i- THE NORTH CAROLINA ASSOCIATION OF REALTORS@, INC. AND THE NORTH CAROLINA BAR ASSOCIATION.- ' w MAKE NO REPRESENTATION AS TO THE LEGAL VALIDITY Olt ADEQUACY OF ANY PROVISION OF THIS FORM IN::>.: SPECIFIC TRANSACTION. IF Y T DER TANI) THIS T -'p ANY S N. YOU DO NO UN S S FORM OR FEEL THAT IT DOES NO PROVIDE FOR YOUR LEGAL NEEDS, YOU SHOULD CONSULT A NORTII CAROLINA REAL ESTATE ATTORNEY BEFORE YOU SIGN IT. it f Date: Date: � Buyer (SEAL) Scller (SEAL) 8 y Date. t� Date: r S B EAL(SEAL) Seller*�+ ( s {Escrow Agent acknowledges receipt of the earnest money and agrees to hold and disburse the same in accordance with their ft ..': terms hereof. " Date` Finn: 1; By: - (Signature) f Selling Agent/Firm/Phone Acting as ❑ Buyer's Agent ❑ Seller's (sub)Agent ❑ Dual Agent Listing Agent/Firm/Phone a •fi�c 1- tl A4 09,130/2004 01; 08 843-042-4455 E r:ELCH _F,' PAI''aL 0 1 ADJACENT RIPARIAN PROPERTY OWNER sTATUMENT (FOR A PIER/:MOORIVGPIl,I1VCSIBOATI.1FTIL??ATHOU.SE) - , I Hereby Certify that I Owrl property adjacent to� ! �' "s � 0 7 ��r �f Property ner) propertylocated at.... 1 � — {+ (�t Bior�lc, Road, etc-) N.C. (rowl-t d/or County) �Wat�ri�edy) Ii® has describW to ale, as shown brlow, the developtn.$ni: he is ps posing at that iocati' n' and, I have no objections torn his prvWsal. i understund &but a picr/mmr ng pilingstboadifVhK thouse must ba spat back u txninimum dinwice of fiftrc❑ f*et (15) Pram my uca0f rip arion acce! 9 unless waived by me. I. not wish to waive, the sctlack requirement. I dog; is to waive the setback requirement, ------------------------------------------ DESCRIPTION AND/OR DRAWING OF PROPEEC DEVELOPMENT ENT r1°� BR FILLED ITV �Y TIti'DlylDUAL PROPOSING IDEVELOPM&NZ •-. moo. a«..v-uur...rr s.•..•--.re.. a-avr• ................. AIC x1f, ; pa po 60' ( ��`� zSz N <' ° ep �— -79 3 Dam - or 1pe Name Selz- v gO'd 9LSr� �ZL 4aL. i �i1 �'S fl Wj yT Ivy bRfi�f.-8�-d3£ ADJACENT RIPARIAN PROPERTY OWNER STATEMENT (FOR A PIER/MOORING PILINGSIBOATLIFTIBOATNOU,SE) I hereby Certify that I own property adjacent to U &e --- S 's (Name of Property Owner) property located at 1.0407 S&L G-o -J:C '&OcA - C, (Lot, Block, Road, etc..) on-xm'� A)P,&-u in kak4t.� ,N.C. (Waterbody) (Torn and/or County) Fie has described to me, as shown below, the development he is proposing at that location, and, I have no objections tom his proposal. I understand that a pier/mooring pilings/boatliftiboathouse must be set back a minimum distance of fifteen feet (15) from my area of riparian access unless waived by me. ✓ I do not wish to waive the setback requirement. I do wish to waive the setback requirement. DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT (TO BE FILLED IN BY INDIVID UAL PROPOSING DEVELOPMEri, -------------------------------------------------------------- Signature �. atr,� �1 ie,�q�HYli0.Y� (o q6% Print of Type Name Telephq6e Number Date: J