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HomeMy WebLinkAbout37559_HARRIS, RICK_20040302id,, ❑CAMA / - DREDGE & FILL ® ' GENERAL PERMIT r� Previous permit # EINew [-]Modification C,Complete Reissue ❑Partial Reissue Date previous permit issued As authorized by the State of North Carolina, Department of Environment and Natural Resources i and the Coastal Resources Commission in an area of environmental concern pursuant to 15A NCAC i_: ii Rules attached. Applicant Name Address_ �: ^' ► , , , X F City__/,!! I, w (r State ` ZIP Phone # (_) Cr t'((I Fax # O Authorized Agent Affected ❑ CW DEW I PTA ❑ ES ❑ PTS AEC(s): ❑ OEA ❑ HHF ❑ IH ❑ USA ❑ N/A ❑ PWS: ❑FC: ORW': yes / no PNA yes / no Crit. Hab. yes / no Type of Project/ Activity Pier (dock) length Platform(s) Finger piers) Groin length number Bulkhead/ Riprap length avg distance offsh< max distance offsF Basin, channel cubic yards_ Boat ramp Boathouse/ Boatlift Beach Bulldozing Other Me e Shoreline Length SAM not sure Sandbags: not sure Moratorium: n/a Photos: Waiver Attached: A building permit may be required by: A ' ip, �p r j Notes/ Special Conditions C w , ,J —e ti,-k- Project Location: County Street Address/ State Road/ Lot #(s) (, v, , Subdivision �t,Y,i !,), ,, City - !.1.1,. N -�. el. .r, 1 zip L Phone # ( _) River Basin 441 Adj. Wtr. Body (nat /fnan /unkn) Closest Maj. Wtr. Body `= <� Agent or Applicant Printed Name J-r) Signature ** Please read compliance statement on back of permit ** (Scale: ❑ See note on back regarding River Basin rules. Ala j, Y, 1- cj aS �r q. irl !rrt•,Gd Permit Officer's Signature Issuing Date Expiration Date 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 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 ❑ 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 Mailing Address: 1638 Mail Service Center Raleigh, NC 27699-1638 Location: Parker -Lincoln Building 2728 Capital Blvd. Raleigh, NC 27604 919-733-2293 / 1-888-4RCOAST Fax: 919-733-1495 Elizabeth City District 1367 U.S. 17 South Elizabeth City, NC 27909 252-264-3901 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.nccoastalmanagement.net Revised 10/05/01 RICHARD D. HARRIS, CLU, CkFC BB&T 2 319 THERESA DIPASQUALE-HARRIS RALEIGH, NC 27607 P.O. BOX 779 66-112/531 KNIGHTDALE, NC 27545 W 2/3/2004 PAY TO THE CAMA OF ORDER .- $ ** 100.00 One Hundred and 00/100*********************************************************************************************,.*****� z DOLLARS 5 CAMA G: G MEMO 1+90023141I' 1:0S3101121':S2IS4Go ?Z�a s Complete items 1, 2, and 3. Also complete A. Sig ture item 4 if Restricted Delivery is desired. ❑ Agent ■ Print your name and address on the reverse X ❑ Addressee so that we can return the card to you. B. Received by ( Printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: DSIs elivery address different from item 1? ❑ Yes enter delivery address below: ❑ No C,oRoo� ��be�4Sof� � . 'I�a I ei 9 h Al ,2/7 J,3 '? Service Type C (D 6%2 -9 Certified Mail ❑ Express Mail " Z LJ Registered ❑ Return Receipt for Merchandise p ❑ Insured Mail ❑ C.O.D.CO 4 4. Restricted Delivery? (Extra Fee) El Yes 2. Article Number -{ (DD n 7 - / / ti CO r1 ! _0 (Transfer from service label) 1002 3� S� OOd 3 99 J lY 6 U tD lD u � In O PS Form 3811, August 2001 Domestic Return Receipt 02595-02-M-1540 -� O O W �' N m m rb O G 1 kCL N (D Q. ..,,- air �,�, _• N VJ .M V, . e 1,rM, 0 z u! C) A F zt k O go nn �. &* — ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: EAe1�1EST lI\Izl,v-W a133 Sti o}we11 'Red- (Aa4G.') t�C .2w(go A. lJ Agent Addressee B. Received by ( Printed Name) Date of Delivery D. Is delivery address different from item 19 ❑ Yes If YES, enter delivery address below: ❑ No I i FEB 1 2 2004 3. Service Type Certified Mail ❑ Express Mail Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number (Transfer from service label) '1ppp 1530 0002 q MH ZSZ'7 PS Form 3811, August 2001 Domestic Return Receipt 102595-02-M-1e40 CT 4 Z.NW k c Q, CO CD v m a eft AIWO . r +• STROUD ENGINEERING, P.A. FEB 0 5 H04 CONSULTING ENGINEERS HESTRON PLAZA TWO 151-A HWY. 24 January 5"' 2004 MOREHEAD CITY, NORTH CAROLINA 28557 (252)247-7479 N.C. Division of Coastal Management 151-B Highway 24 Morehead City NC 28557 Attn: Brad Shaver Re: General Permit Sound View, Block 7, Lot 6 Dear Brad, On behalf of Mr. Rick Harris please accept this as our request for a general permit, for the construction of two boat slips at Sound View Isles, Block 7, Lot 6. Attached are copies of the proposed site plan as well as the letters that were mailed to the adjoining property owners via certified mail. Also please note that a CAMA minor permit is also be applied for simultaneously through the Town of Atlantic Beach. If you have any questions or if you need and additional information, please feel free to give me a call. Sincere � G Matthew L. Montanye Stroud Engineering P.A. Attachments: 2- Copies of the site plan 2- Letters to adjoiners 2- Adjacent riparian owner statements 1- Check no. 2319 for $100.00 CC: Rick Harris 107 COMMERCE ST. HESTRON PLAZA TWO SUITE B 102-D CINEMA DRIVE 151-A HWY. 24 GREENVILLE, NC 27858 WILMINGTON, NC 28403 MOREHEAD CITY, NC 28557 (252) 756-9352 (910) 815-0775 (252) 247-7479 ADJACENT RIPARIAN PROPERTY OWNER STATES I'2«rJ,1 (FOR A PIER/MOORING PILINGS/BOATLIFT/BOATHOUSE) I hereby certify that I own property adjacent to �. 1116A 1NoOTW Tz 's (Name of Property Owner) property located at (Lot, Block, Road, etc.) on �OGl1Q J()Uf�(,� , in A:uL e— 6Q A, 111C f�� LD. , N.C. (Waterbody) (Town and/or County) He has described to me, as shown below, the development he is proposing at that location, and, I have no objections to his proposal. I understand that a pier/mooring pilings/boatlift/boathouse 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 that setback requirement. ------------------------------------------------------------------------------------------------------------------ DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT: (To be filled in by individual proposing development) 4, e"14 .4a=;1 ignature 1',OZ60AI &Led soul Print or Type Name (`/'L 5q 7 -- l 7 Telephone Number Date: 0 Z STROUD ENGINEERING, P.A. CONSULTING ENGINEERS HESTRON PLAZA TWO 151-A HWY. 24 MOREHEAD CITY, NORTH CAROLINA 28557 (252) 247-7479 January 281" 2004 Ernest Blackley 2133 Shotwell Road Clayton NC 27520 Gordon Robertson P.O. Box 68311 Atlantic Beach NC 28512 Re: Sound View Isles, Block 7, Lot 6 FEB 2 0 4004 Dear Adjoining property owner, Please find the enclosed "Adjacent Riparian Property Owner Statement", and a copy of the proposed site plan for the Sound View Isles, Block 7, Lot 6. This application is for the development of (2) boat slips on Bogue Sound. We respectfully request you respond to the Division of Coastal Management with the "Owner Statement" provided. If you have any questions please feel free to contact: Brad Shaver North Carolina Division of Coastal Management 151-B Highway 24 Morehead City, NC 28557 (252) 808-2808 Sincer y, Matthew L. Montanye Cc: NCDENR- Division of Coastal Management 107 COMMERCE ST. SUITE B GREENVILLE, NC 27858 (252) 756-9352 102-D CINEMA DRIVE WILMINGTON, NC 28403 (910)815-0775 HESTRON PLAZA TWO 151-A HWY. 24 MOREHEAD CITY, NC 28557 (252)247-7479 FEB 0 5 2004 STROUD ENGINEERING, P.A. CONSULTING ENGINEERS HESTRON PLAZA TWO 151-A HWY 24 MOREHEAD CITY, NORTH CAROLINA 28557 (252)247-7479 January 281h 2004 Ernest Blackley 2133 Shotwell Road Clayton NC 27520 Gordon Robertson P.O. Box 68311 Atlantic Beach NC 28512 Re: Sound View Isles, Block 7, Lot 6 Dear Adjoining property owner, Please find the enclosed "Adjacent Riparian Property Owner Statement", and a copy of the proposed site plan for the Sound View Isles, Block 7, Lot 6. This application is for the development of (2) boat slips on Bogue Sound. We respectfully request you respond to the Division of Coastal Management with the "Owner Statement" provided. If you have any questions please feel free to contact: Brad Shaver North Carolina Division of Coastal Management 151-B Highway 24 Morehead City, NC 28557 (252) 808-2808 Sincer y, Matthew L. Montanye Cc: NCDENR- Division of Coastal Management 107 COMMERCE ST. HESTRON PLAZA TWO SUITE B 102-D CINEMA DRIVE 151-A HWY. 24 GREENVILLE, NC 27858 WILMINGTON, NC 28403 MOREHEAD CITY, NC 28557 (252)756-9352 (910)815-0775 (252)247-7479 ADJACENT RIPARIAN PROPERTY OWNER STATEMENT (FOR A PIER/MOORING PILINGSIBOATLIFT/BOATHOUSE) FEB 0 5 2004 I hereby certify that I own property adjacent to s , �t''MA 140TEI3 �K 's (Name of Property Owner) property located at (Lot, Block, Road, etc.) on 'R)�oaue Snnhj. , in A=tmo- A Car4MA L. , N.C. (Waterbody) (Town and/or County) He has described to me, as shown below, the development he is proposing at that location, and, I have no objections to his proposal. I understand that a pier/mooring pilings/boatlift/boathouse 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 d-Q wish to waive that setback requirement. DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT: (To be filled in by individual proposing development) SEE k1-Mc4b -?\QUS 1 Signature C,D,P00A o ez SoW Print or Type Name Telephone Number Date: ADJACENT RIPARIAN PROPERTY OWNER STATEMENT (FOR A PIER/MOORING PILINGSIBOATLIFT/BOATHOUSE) FEB Q 5 Z004 I hereby certify that I own property adjacent to S,1)ll1nKX 1NOOTDIA :3K 's (Name of Property Owner) property located at (Lot, Block, Road, etc.) on 'l OGUR Spun] , in AsULMe 6A Qar4Mr L. , N.C. (Waterbody) (Town and/or County) He has described to me, as shown below, the development he is proposing at that location, and, I have no objections to his proposal. I understand that a pier/mooring pilings/boatlift/boathouse 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 & wish to waive that setback requirement. DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT: (To be filled in by individual proposing development) SCE k-RACab -V'ays ? Signature E�3 Print or Type Name Telephone Number Date: m CLAru YTON NC V5* IAs Postage $ $0.83 0557 Om-. Certified Fee 04 M Return Receipt Fee Postmark (Endorsement Required) Here O Restricted Delivery Fee ED (Endorsement Required) Total Postage & Fees $ 02/05/2004 m Ln Sent To EAQIJesT Tackle ----rees----,-A--p--t.--No----.;--or----P- O-----------.--------- t------------------------------ 0 Box No ----------------- (91 o--------- -- ------------------ ------ ---------- City,l,az +a ►J J`JSap O F77;TIC BEACH NC 28`512 �� j ru I rq Postage $ $0.83 0557 M 0 Certified Fee 04 rU Return Receipt Fee Postmark Here (Endorsement Required) I� Restricted Delivery Fee d (Endorsement Required) $ 02(05l2004 � Total Postage &Fees m Lr) Sent To M ------- -------------------------- ---1------------- Street, Apt. No.; or PO Box No. Q8 311------- o - ----�°x------� Crt Siate, ZIP+ 4 C't �S Form :00 May 2000 See Reverse for instructions + '01/27/2004 12:55 FAX 919 833 2001 PRINCIPAL FINANCIAL GROP VACANT LOT OFFER TO PURCHASE AND CONTRACT MAR O u 2004 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 tlhe 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). hereby offers to purchaseRichard D Harris Theresa Harris aril 5 Dillon Wooten Jr. Susan B Wooten • as Btryer, upon acceptance of said offer. agrees to sell and convey, all of that lot, piece or as Seller, the "Pro P p parcel of land described below (hereafter referred to as perry"), upon the following terms And conditions: L REAL PROPERTY. Located in the City of Atlantic Beach County of earteret State of Nonh Carolina, being known as find more Street Address 210 East s e Sound Drive particularly described as Subdivision Name Sound view isles PSN# ti385.23.Og . 7721 PIN 0 63g5. 1g . pQ 45 gip 28512 Plat Reference' Lot 6 , Block or Scction 7 Sound View Isles Plat Book or Slide N/A at Pagc(s) N(A ro as shown on NOTE: Prior to si g ply acquired by Seller in Deed Book 609 at Page 351 ). Pin 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 subdivisiorL if applicable, 2. PURCHASE l?RICE: The purchase price is 3 295 000 .00 (a) $ 2 000.00 . EARNEST MONEY DEPOSIT with this offer bF ❑ cah sand shall be paid as follows; ❑ certtfted check ❑ other N/A personal check ❑ bank check Coldwell Beaker 9peetrtam Properties to be deposited and held in escrow by ("Escrow' Agent") wail die sale is closed, at which time it will be credited to Buyer, or until this contract is otherwise tenninated. In the event' (1) this offer is not accepted: or (2) any of the conditions Hereto are not satisfied, then A earnest monies shall be returned to Buyer. In the event of breach of tills contract by Seller, upon Buyer's request, all earnest monies shall be returned to Buyer, but such return slhalI not affect arty 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 Sellcr 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 panics consenting to its disposition has been obtained or until disbursement is ordered by a court of competent jurisdiction. (b) $ N/A 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 tie 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 Loam Assumption Addendum. (d) $ N/A , BY SELLER FINANCING m accordance with the attached Seller Financing Addendum. (e) S 293 000. 00 , BALANCE of the purchase price in cash at Closing 3. CONDITIONS: (Stare N/A in each blank that is not a condition to this contract.) (a) Buyer crust be able to obtain a ❑ Conventional ® Other: Lot Loan ❑ FLxed Rate M Adjustable Rate in the principal amount of 808 zTv loan at initial inietest rate not to exceed 6.000 o for a term of 5 year(s), at an �o per annurn. with mortgage loan discount points not to exceed N/A % of the loan amount. Buyer shall apply for said loan within 2 Buyer's best efforts to secure the lender's ctuTo loan co days of the Effective Bate of this contract. Buyer shall use n>Ary mmitmem letter on or before December 20o3 and to satisfy all terms and conditions of the loan cohnniitment letter by Closing. After the above letter date, Seller may request in writing This forgo jointly approved by: Page 1 of 3 North Carolina Bar Association �. rtEar oRs North Carolina Association of REALTORS ,��K STANDARD FORM 12 - T Bu ar Initials 0"e"W" Z 7/2003 Y $tiler Initials Coldwell S Aker Spayrna - 515 .4ttuntic Hescb Cawsewey, r u ach V 28312 Phonc:247I477620 21 22d72618 Louis Wcil 1'6114165.ZFN 102/27/2004 12:56 FAX 919 833 2001 PRINCIPAL FINANCIAL GROP 0 002 �ANR 0 1W 2004 from Buyer a copy of rite loan comntitttrent letter. If Buyer fails to provide Seller a copy of tlw loan comttiitrnent letter or a written waiver of this loan condition within five days of receipt of Seller's request. Seller may terminate this oantract by written notice to Buyer at arty 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 govern mental regulation that would prevent the reasonable use of the Property for Residential nlmisix (c) n1c Property must be in substantially the same or better condition at Closing as on the date of dris offep �ses ("Intended "Int ended U tear excepted (d) All deeds of trust, liens and other charges against the Property, riot assumed by Buyer, must be paid and satisfied by Seiler prior to Of at Closing such that cancellation may be promptly obtained following Closing. Seller shall remain obligated to obtain arty such cancellations following Closing, (e) Title must be delivered at Closing by GENERAL WARRANTY DEED unless otherwise stated bCrein, and roust 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 affeci the value of the Property; and such other encumbrances as inay 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: Norge (Insert "None" Or the identification of such assessments, if any,) Seller shall pav all owners' association assessments and all governmental assessments confirmed through die time of Closing, if any, and Buyer shall take title subject to all pending assessments, if any, unless otherwise agreed as follows: None S• PRORATIONS AND ADJUSTMENTS: Unless othenvise provided, the following items shall be prorated and either adjusted between die 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 represents that the regular owners' association dues. if any, ate S N/A r N/A G. CLOSING EXPENSES: Buyer shall be responsible for all costs with respect to any loan obtained by Buycr. Buyer shalt pay for recording the deed and for preparation and recording of all instruments required to secure the balance of the purchase price unpaid at Closing. Seiler shall pay for preparation of a deed and all other documents necessary to perform Seller's obligations under tills 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 S N/A Buyer's lender, , excluding any portion disapproved by 7. EVIDENCE OF TITLE: Seller agrees to u3c his best et%rts to deliver to Buyer as soon as reasonabh possible after rite 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, attorncy's opinions on tide, surveys, covenants, deeds, notes and deeds of trust and easements relating to the Property. Seller authorizes (1) any attorney ptesenUy or previously representing Seller to release and disclose any title insurance policy in such attorney's file to Buyer and both Buyer's and ScIlers agents and attorneys: and (2) the Property's title insurer or its agent to release and disclose titl materials in the Property's title insurers (or title insurers agent's) file to Buyer and both Buyer's and Sellers agents and attorneys, S. LABOR AND MATERIAL: Seller sh111 furnish at Closing an affidavit and indemnification agreement in form satisfactory to Buyer showing 1}uat 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 docuruents and papers necessary in connection with Closing and transfer of title on or before Jams at a place designated by Buycr. The deed is to be made to dam' 30 2004 CLOSING SMALL CONSTITUTE ACCEPTANCE OF THE PROPERTY IN I'IS TIJEN EXISTING CONDITION UNLESS PROVISION OTHERWISE MADE IN WRI ING. 10• POSSESSION: Unless otherwise provided herein, possession shall be delivered at Closing. No alteration$, excavabons, tree removal or other such activities may be done before possession is delivered. Buyer Initials Page 2 of 4 STANDARD FORM 12 - T 7l2003 Seller Initial T6114163ZFX ,02/27/2004 12:56 FAX 919 833 2001 PRINCIPAL FINANCIAL GROP (AO03 11. SEWER SYSTEM (check only ONE): MAR 0 u 2G0 4 0 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. Q 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 inspoctong or obtaining, at Buyers expense, inspcction(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, 0 This contract is contingent upon Buyer obtaining an Improvement Permit or written evaluation from the County Health Department ("County") for a (check only ONE) Q conventional or W other LPP Septic sewer System for a Duplex ground absorption sewage system fora 4 bedroom home. All costs and expenses of obtaining such Permit or written evaluation shall be borne by Buyer, except Seller, by no later than N/A , shall be responsible for clearing that portion of the 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 Deposit shalt be refunded to Buyer. Buyer waives this condition unless Buyer provides written nonce to Sellerby 1/20/2004 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 U community sewer system. 12. SOIL, WATER, UTILITIES AND ENVIRONMENTAL CONTINGENCY: This contract is contingent upon Buyer obtaining mport(s) that (i) the soil is suitable for Buyer's Intended Use, (u) utilities and water ate 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 linuts Buyer's Intended Usc (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 1/20/2004 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 injury to any person or property as a result of anv activities of Buyer and Buyer's 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 airy loss, damage, claim, suit or cost arising out of pre-existing conditions of the Property and/or out of Seller's negligence or willful acts or omissions. 14. OTHER PROVISIONS AND CONDITIONS: (ITEM ZE ALL ADDENDA TO THIS CONTRACT AND ATTACH HERETO.) a) See Attached Addendum A to Paragraph 14. b) See Attached Addendum B - Seller saaking Tax Deferred Exchange. IS. 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 connect 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 amid effect is required to be observed, kept or performed alter the Closing, it shall survive the Closing and remain binding upon and for the benefit of the parties bcreto until fully observed., kept or performed. 19. ENTIRE AGREEMENT: This contract contains the entire agreement of the patties 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 oonmined herein shall alter any agreement between a REALTORV 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 12 - T V 7/2003 Buyer Initials Seller Initials oq ^oM T611.416S.LFX -0'2/27/2004 12:56 FAX 919 $33 2001 PRINCIPAL FINANCIAL GRGP 14004 t,JAR n 2 2004 20. N0110E AND EXECUTION: Any notice or communication to be given to a parry herein may be given to the party or to sucil paq's agent. This offer shall become a binding contract (tile "Effective Date") when signed by both Buyer and Seller and such sighing is communicated to the offering patty. This contract is executed under seal in si one and the same instrument. with a signed original being retained b each sued multiple originals, a❑ of which together constitute Parties adopt the word "SEAL" beside their signatures below, y p tY a each REALTORS or broker hereto, and the Buyer acknoWledges having made an on -site personal examination of the Property prior to the making of this offer. THE NORTH CAROLINA ASSOCIATION OF REALTORSQO, INC. AND THE NORTH CAROLINA BAR ASSOCIATION MAKE NO REPRESENTATION AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY FROVTSION OF IRIS 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 NORTEI CAROLINA REAL ESTATE ATTORNEY BEFORE YOU SIGN IT. Date: --- o Buyer Rich-=d D 19arz1s (SEAL) Date- Buyer resa Harris (SEAL) Date. _ ► k l , l6 Seller S 17illon Wooten, Jr y (SEAL) Date: Seller r� 9 san B Woot®n (SEAL) Eecrow Agent aclanowledges receipt of the earnest money and agrs to terms hereofhold and disburse the sarrre in accordance with the Date Firm:Coldwell Banker S ctrum pro ernes By: Selling Agent/Fitm/PhOne The star Team LLC-Louis Weil Coldwell Banker S ectr= Pro roes Actingas ❑ Buyer's Agent ® Seller's(sub)Agent ❑ DualAg ent 252 2q7-�szo Listing Agent/Finn/Phone The star Teas, LLC-Louis Weil ColdwoN banker sr, ectr.mt Pi; ope roes Acting as Q Seller's (sub)Agent ❑ Dual AS ent c2sa 2a�-�6zo Page 4 of 4 STANDARD FORA( 12 - T C 7/2003 Produced with ZiPForM— by RE FOM-NpA LLC 180:M Fgfeen Mge Road. V,rnory Tvrmstup. WNW AaM5, (WO) 3fl39505 161 14165.Zj7(