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HomeMy WebLinkAbout38068_JACKSON, JOHN_20040412k CAMA / ❑ DREDGE & FILL NY 3 8 W GENERAL PERMIT Previous permit# [)New El Modification El 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 I SA NCAC_ Rules attached. Applicant Name 74u JAcKjood Project Location: County Address i.o' Bvx M1 Street Address/ State Road/ Lot #(s) toj #5 � /u,,;r J CityI--avckc4 State N� ZIP Z85*37- cajl vF 3L( r'1,: (1A pave- Phone # ( TSZL Fax # ( ) Subdivision Authorized Agent / trcj",,l,;, City 4e yr, • ZIP 2tS�C Affected ❑ Cw ;9 Ew f9 PTA ❑ ES ❑ PTS Phone # ( ) River Basin /1 ❑ OEA ❑ HHF ❑ IH ❑ USA ❑ N/A Q `N+`L } { t.tt� AEC(s): Adj. Wtr. Body 017i • e w �: vt -� E> a /man /unkn) ❑ Pws: ❑ FC: ORW: � / no PNA yes / Q Crit. Hab. yes / no Closest Maj. Wtr. Body �'� �c t u t� — [ f Type of Project/ Activity �jj JJ ,,)) X lj 1fi f?�G� :IL tJ,i(. f�. '" r,;n.j ff�J/r(ilikCTYtr Vl1(G.f.Prl t'CGTY �' �'� (Scale: Pier (dock) length t a Platform(s) i q,h4• "i Finger piers) Groin length number Bulkhead/ Riprap length avg distance offshore �; L'{•t CS max distance offshore Basin, channel cubic yards Ly J 1 jj J Boat ramp (7lUfc{ CGC�hiil�(,�['T Boathouse/ oatl t LK 1 1 17 r Beach Bulldozing` - Other r Shoreline Length IC4 I I SAM nQ si re yes no ! I Sandbags: not susure yes o1 (�� I j Moratorium: n/a yes n 7lklS/t'� Photos: yes n Waiver Attached: yes no RE_ A building permit may be required by: (a" -kc (G . ❑ See note on back regarding River Basin rules. Notes/Special Conditions G��cclGiilt m,r:/^.4 F•f'.�i 'ti\�.� LC :` ��� i�li • �jv4th� �;� 2-- (iMht�rir .iL ,;,- ,f, • � ��'('�d '`- tta'�J Cu��t �{ Pv�;�.� �icQ• �x �E'r'ly �tVo flier t(v �f,'�t(- t�� Fui� hi�hf nLf �r' tLhJV-1k:f�j •� i •� (;-vv � S •i-t'-.-mot 1%i t' i Agent or Applicant Printe ame Signature ** Please read compliance statement on back of permit fcc. Co Application Fee(s) Check # A A / Permit Officelignature 'pdo'- Issuing Date Expiration Date ('J." 6-zf (C. 03 30 ( t. A Local Planning Jurisdiction Rover File Name ❑ CAMA / D DREDGE & FILL ^' GENERAL PERMIT Previous permit # ❑New Modification ❑Complete Reissue -Partial Reissue Date previous permit issued I 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 ❑ Rules attached. Applicant Name c Iip.l Jfir V s.Al Address City State !'J'r ZIP i65 3i'- Phone # ( ) ``'1 Jf2 Z Fax # O Authorized Agent t 1r, . �„ Z004 Affected ` Cw ❑ EW [2� PTA ❑ ES ❑ PTS AEC(s): C OEA ❑ HHF ❑ IH ❑ UBA ❑ N/A PwS: ❑ FC: ORW: yes / no PNA yes / no Crit. Hab. yes / no Project Location: County Street Address/ State Road/ Lot #(s) I ' / •,,. Pete Subdivision FC, a.,. f(V 0 A ,i� City ^aNCN+^e: ZIP Phone # O River Basin Adj. Wtr. Body (hat /man /unkn) pp I Closest Maj. Wtr. Body l%I �V Type of Project/ Activity i s (Scale: ) Pier (dock) length Platform(s) Groi Basin Boat Othe Shor SAV: Sand Waiver Attached. yes (no A building permit may be required by: Notes/ Special Conditions f See note f, r' on back regarding River Basin rules. _ I r pier(s) n length number head/ Riprap length avg distance offshore max distance offshore channel cubic yards ram Boatlift h Bulldozing _,—. :.a aline Length - -- - not sure yes no I i bags: not sure yes � no atorium: n/a yes (no os: yes (no I Agent or Applicant Print N e Signature ** Please r d compliance stateent on back of permit Application Fee(s) Check # Permit Officer's Signature D � �r0 Issuing Dale Expiration ate Local Planningf urisdiction Rover File Name Agent or Applicant Print N e Signature ** Please r d compliance stateent on back of permit Application Fee(s) Check # Permit Officer's Signature D � �r0 Issuing Dale Expiration ate Local Planningf urisdiction 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 / 1-888ARCOAST 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 151-13 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 AG'a NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary April 12, 2004 Mr. John Jackson P.O. Box 249 Havelock, NC 28532 Dear Mr. Jackson: Attached is General Permit #C-38068 to install a 260' x 5' pier, a 24' x 16' "T" platform with roof and two adjacent 12' x 12' uncovered boatlifts in Carteret County adjacent to the Bogue Sound within the Bogue Sound Yacht Club on Lot # 1 Phase I lot east of 366 Yacht Club Drive in Newport, NC. In order to validate this permit, please sign all three (3) copies as indicated. Retain the white copy for your files and return the signed yellow and pink copies to us in the enclosed, self- addressed envelope. If the signed permit copies are not returned to this office before the initiation of development, you will be working without authorization and will be subject to a Notice of Violation and subsequent civil penalties. We appreciate your early attention to this matter. Sincerely, M. Ted Tyndall District Manager MTT/srk Enclosures 151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper BRANCHBANKING TRUST HAVELOCK&NC 285320MPANY 15399 JACKSON & JACKSON, LLC U NEW CONSTRUCTION 66 112/531 4/b/2004 R 252-447-7122 P.O. BOX 249 N HAVELOCK, NC 28532 $ ** 100.00 PAY TO THE Dept. of*Environment Natural Resources ORDER OF DOLLARS j One Hundred and 00/100 Dept. of Environment &. Natural Resources llestron Plaza ll 151-B 151-B I lwy 24 Morehead City, NC 28557 AUTHORIZED SIGNATURE MEMO Dock Permit 370 Yacht Club Dri\'c 6-pc- --W66 0DL53991" 1'053LOL12L11:5L1691,020711' I J NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary April 12, 2004 Mr. and Mrs. Jerry Houser 366 Yacht Club Drive Newport, NC 28570 Dear Mr. and Mrs. Houser: This correspondence is in reference to your March 24, 2004 letter of objection to the recent pier, gazebo, and boadift project proposal by Mr. John A. Jackson. Mr. Jackson's proposed project is located on lot #3 in Phase I of Bogue Sound Yacht Club just east of your property, in Newport, Carteret County, North Carolina. It appears that your objection is based upon the project obstructing the view of neighbors along the shoreline as well as the potential of the gazebo damaging neighboring properties during a storm. You also raised questions regarding the need of the boatlifts in the shallow waters of Bogue Sound. The North Carolina Division of Coastal Management has reviewed your concerns and objections and has determined that the proposed project is consistent with the pertinent regulations for docks and piers. Therefore on April 12, 2004, this office issued CAMA General Permit #38068-C for the pier, boadifts and gazebo. I have enclosed a copy of the permit for your review. If you wish to appeal this permit decision, you may file a request with the Director of the Division of Coastal Management, Mr. Charles S. Jones, Department of Environment and Natural Resources within 20 days of the permit decision. If you have any questions regarding this matter, please don't hesitate to contact me at my Morehead City Office (252-808-2808). Sincerely, /mod ,/ -11� (l M. Ted Tyndall District Manager Enclosure cc: Brad Shaver - DCM Field Representative 151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastaimanagement.net An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper ■ 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. A. Received by (Ple se Print Clearly) /t f flq B. Date of Del -� C. Signature XElAgent ❑ Addre D. Is delivery address different from item 1? ❑ Yes 1. Article Addressed to: If YES, enter delivery address below: ❑ No t11 MR JERRY M HOUSER 366 YACHT CLUB DRIVE NEWPORT NC 28570 3. Service Type )�7 Certified Mail ❑ Express Mail ❑ Registered? Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 7001 0360 0002 5222 9263 a b 3 PS Form 3811, July 1999 Domestic Return Receipt 102595-00-M-0952 (D Z3 a cD (D N U) (D 0 rlXo n X 7� D v A m C� �o C) N a N U) C. Co O U) W � lV p� a N_ .A rn CT O X • C Z_ m 0 Of D M m O D r U) m m -0C-0-n �mvN C/)co C) Z (D d O Ro N G) m m v. p N — T N ti i1 ■ 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: MR GEAEY T ALLREO 905 FLECKER LAN? HIGH POINT NC 27262 A. Received by (Please Print Clearly) I B. Date of Delivery C. Signature /}/�► l 1 ❑ X '3. Addressee D. Is'delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type 9 Certified Mail ❑ Express Mail ❑ Registered N Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Arti,'- ni, �.. k— --- - -. _ . , . .. 14 7001 0360 0002 5222 9256 J-/ PS Form 3811, July 1999 Domestic Return Receipt 102595.00-M-0952 • O7 (D 7 a (D O s` xro� C O �t o O Q C r N Ci -3 z PP > (D C) n 71 a N to a Co O (D Ln z (n W � N p� 7 Q N_ S U) 0- 0 x • c z m m 0 D m m O U) D cn m m (D ((D O T U (n n z m iv o pc N G) - m �. cD (n — v a` SUgjEoT PRoPERT'l LOT 3 PNASE I bo&UE 50UtJD YACHT CLUB 4-1L - -- t&k 3 1 2004 Toga,! la .4pocK - A 6 �w/ IO Butt' PovND Pli lr1G5 6' 0,C. LCNGTH of DocK To MATCH EXISTING, ADJAC6IJT DOCKS F�orn �#ays �e 0-P nla•rs'h , COVERED 5SATiN6 AREA SKALL NOT ExCEED 4-00 SQ. FT. PLAN SKAL-L- INCLUDE. 2 WT LIFTS W(-4TED Al V0 OF DOCK, EAST AND WEST' SIDES of SEATING ARCA JA C N(- (11 N1 PAI n.('1 MtS` .� LoT 3 PtAiz e I R�6 u S;4 Q o b Y CAc T CL J U I 9,56, Ot 0 uD mcic- � BE)R`f t,E F T S 0 N MWN 3 2� LIFTS Are dee fjk!5 �y AT X 14 38 b , o � o _ 0 ago ADD 31 ovar i�n0.Y5H t\ r • cxf l&� pact - ProP° sed tjew dck +6 f ie.r head <<�� I 1 MAR 2 5 2004 .20O Wit. mud .Slerv� N c �iuwccn, apfAQ /I�a�na CA- k a EP A r (4AR 2 9 2o04 i A ✓of nu;t, a ho aj,- '66A127r,- eo dwGht AW,4,z y3 -5 f2Y// / / K 01a. J�Aa �- -- CERTIFIED MAIL RETURN RECEIPT REQUESTED fwHR 2 9 2004 Dear TER This letter is to notify you as an adjacent riparian landowner of Mr./Mrs. /ISrs. r c�€ %� SAcK�ab plans to construct �Q�� at on their property located T CLLt� 11,`7 3 P AS�I TI 80C7UE L� in 90A CRESVI # NC. The sketch on the revers a.ce side accurately depts the proposed construction. Should you have no objections to this proposal, please check the statement below, sign and date the blanks below the statement, and return this letter to: P. �. CLO as soon as possible. Should you have objections to this proposal, please send your Coastal written comments to the NC Division of comement, P. O. et written comments must be Box 769, 1iorehead City, NC S of rece57. ipt of this notice. received within ten (10) day Failure to respond in either method within ten (10) days will be interpreted as no objection. Sincerely, I have no objection to the project as presently waive that right of objection as proposed and hereby te 133-229. provided in General Statu project as presently proposed I have objections to the and have enclosed comments. Si atu D T£ : l 9 G' - cue do mb�e� fo �� A " utiau�cP he- o b�utis�r� h� 1 � CWt holt ?s A w-- 44- do f4AR 2 9 2004 sugJEc,T PRopERT`I LOT 3 POSE I $OGuE Soutio YACHT CLQ8 pocK- 200 X s' w/ loll Bu1T ROUND Plt,►NGS Wo,c. LCNGTN of DOCK To MATCH EXISTING ADJACENT DOCKS COVERED 5EATiW& AREA SRALL NOT ExCEED 400 SQ. FT. PLAW S4ALL INCLUDE 2 MAT LIFTS LOCATED Al FND OF POCK, FAST AND WEST SIDES OF SEATING ARCA NC GENERAL CONTRACTORS SCA\-& l I I -r 12G 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 Seiler is Buyer's builder and the sale involves the construction of a new single fatally dwelling prior to closing, use the standard Offer to Purebase and Contract (Form 2) with the New Construction Addendum (Form 2A3). Jackson & Jackson, LLC as Buyer, hereby offers to purchase and Donald Wayne Newnam and Elizabeth Gunton Newnan 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 County of County , State of North Carolina, being known as and more particularly described as: Street Address 370 Yacht Club Drive Zip Subdivision Name BoRu Sound Yacht Club Plat Reference: Lot 3 , Block or Section _ _ l one as shown on Plat Book or Slide at Page(s) 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, Mules and Regulations, and other goverwng documents of the owners' association and/or the subdivision, if applicable. 2. PURCHASE PWCE: The purchaw price is 3` and shall be paid as follows: (A) S 000.00 _, EARNEST MONEY DEPOSIT with this offer by ❑ cash Q personal check 0 bank check ❑ certified check Q other: to be deposited and held in escrow by Linda Rile/Linda Rike Real Estate ("Escrow Agent'l until the sale is closed, at which t me, it vnU be credited to Buyer, or Imtil this contract is otherwise terminated. In the even (1) this offer is not accepted, or (2) any of the conditions hereto are not satisfied, theta all earnest monies shall be returned to Buyer. In the evezat of breach of this contract by Seller, upon Buyer's request, all earnest monies shall be returned to Buyer, but such return shall not affect any other remedies available to Buyer for such breach. In the event this offer is accepted and Buyer breaches this contract, then all earnest monies shall be forfeited upon Seller's request, but receipt of such forfeited earnest navvies 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 irony 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 utaW a written release from the parties emsensuag 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 Age= no later than . T1MP BEING OF THE ESSENCE NTTH REGARD TO SAID DATE. (e) $ , BY ASSUMPTION of the unpaid principal balance and all obligations of Seller on the existing loan(s) secured by a deed of trust va the Property in accordance with the attached Loan Assumption Addendum. (d) S. , BY SELLER FINANCING in accordance with the attached Seller Financing Addendum. (e) S. _ . 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 ❑ F1TA ❑ VA (attach. FHA/VA Financing Addendum) O Conv"tional ❑ Other N/A loan at a Cl Fixed Rate ❑- Adjustable Rate in the principal amount of N/A (plus any financed VA Funding Fee or FHA MIP) fur a term of year(s), at an initial interest Tate not to exceed % per annum, with ;mortgage loan discount points sot to exceed °/a of the loan amount. Buyer shall apply for said loan within days of the Effective Date of this contract Buyer shall use Buyer's best efforts to sex-= the lender's customary lo$n co t letter on or before and to satisfy all ter= and conditions of the loan commituaent Jew by Closing. After the above letter date, Seller may request in writing from Buyer a copy of the loan commitment letter, If Buyer fails to provide Seller a copy of the loan commitment letter or a written waiver of this loan condition within five days of receipt of Seller's request, Seller may tenz3ivate thisr by wri notice to Buyer at any time thereafter, provided Seller has not then received a copy of the letter or the waiver. 4 Buyer Initials: 4�SellcrInitials:PU'v Z2/ r 3/ 11 /o cf -3�////oy Page. I of 4 NC Sir Association Porto No 12 8 2002 This Standard Farm bas been droved jointly by thc- SoftPro Corporation, 333 E. Sic For o Rd.. Raleigh, NC 2760 NORI14 CAROLINA BAR ASSOCIATION - NC ear Form No, 12 Printed by a7ec t t with the NC 13ar Association - I " I NORTH CAROLINA ASSOCIATION OF REALTORS®, INC. - Standmrd Form No. I2T (b) There must be no restriction, easement, zoning or other governmental regulation that would prevent the reasonable use of the erty Propfor s'd al he purposes ("Intended Use's. (c) T Prop" must be in. substantially the were: or better condition at Closing as on the date of this offer-, reamnable 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 Seiler 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 WAMANTY DEED unless otherwise stated herein, and m= be fee simple marketable and insurable title, free of all cncumbrauces except: ad valorem taxes for the current year (prorated *Tough the date of Closing); utility easemeatss and unviolated ,restrictive covenants. that do not mates lly affect the value of the property; d other. rmttcos cneumbas xmy be assumed or specifically approved by.Buyer. The property must have le al access to a of way. gpu anand such right 4. SPECIAL .ASSESSMENTS: Seller warrants that there are no pending or confirmed governmental special assessments fvr sidewalk, paving, water, sewer, or other in4=vcmeuts on or adjoining the Property, and no pending or confianed owners' association special assessments, except as follows: none (Insert "None" or the identification of such assessments, if any.) Seller shall pay all owners' swociatio7u assessments and al governmental assessments confirmed through the tune of Closing, if any, and Buyer sball take title subject to all peed ng assessments, if any, unless otberwise agreed as follows: none 5. PRORA110NS AND AD.TUSTMENTS: Unless otherwis4 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 listiug 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 Lilco charges shall be prorated through the date of Closing. Seller represents that the regular owners' association dues, if any, am S 450.00 per scat 6. CLOSING EXPENSES: Buyer shall be responsible for all costs with respect to any loan obtained by Buyer. Buyer d ail pay for recording the deed and for preparation and recording of all instruments required to sec= the balance of the puaU se price unpaid at Closing. Seiler sball 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 experses associated with the purchase of the property, the amount darreof shall be S none . inchrding any FHA/VA lender and inspection cosh that Buyer is not petrmittrd to pay, but excluding any portion disapproved by Buyer's lender. 7. EVIDENCE OF Tl'I'LE: Seller agrees to use his best efforts to deliver to Buyer as soon as rcuonably possible aver the Effective Date of this contract copies of all title information in possession of or available to Seller, inchxiing but not limited to: title insurance Policies, attorneys opinions on title, surveys, covenants, deeds, notes and deeds of trust and easements relating to the Property. Seller anthotiZrs (1) any aftnxy pertly or previously representing Seller to release and disclose any title insurance policy in such attornrey's file to Buyer and both Buyer's and Sellet'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 immnves (or title iustaer'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 foam satisfactory to Buyer showing that all labor and materials, if any, filrujahed to the Property within 120 days prior to the date of Closing have been paid for and agreeing to indemnify Buyer against all loss ftom any cause or claim arising thetefzom. 9- CLOSING; Closing shall be defied as the date and time of recording of the deed All parties agree to execute any and all documents and papers ncccwwy in connection with Closing and transfer of title an or before April 9. 2004 at a place designated by Buyer. The deed is to be made to Jackson & Jackson. UC 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 Buyer Initials Seller InitiJ VlX 5/1l10 10`4 (00054494.DOC)page 2 of 4 NC Bar Associapon Form No 12® 1995, 2002 'This Sundatd Form has btc n approved jointly by tbc- NORTH CAROLINA OAR ASSOMYTON - NC Bar Form No. 12 NORTH CAROLINA ASSOCTATTON OF REALTORS®. INC. — Standard Form No. 12T 11. SEWER SYSTEM (check only ONF): Q Buyer has investigated the cosh and expenses to install the sewer system approved by the Improvement Permit attached hereto as Exhibit A and hereby approves and accepts said Impa vvement Pcmnit. ❑ Buyer acknowledges receipt of the Iatpmvemmt Pernut Attacbed hereto as Exhibit A. Seller represents that the system has been installed, which representation survives Closing, but makes no further representations as to its condition. ❑ This contract is contingent upon, Buyer obtaining an IurpnovemcW Permit from the County Health Department ClCounty-) for a (check only ONE) ❑ Conventional or ❑ other ground absorption sewage system fbr e 3 bedraoml home. All costs and expenses of obtai�g such Pert iit shall be borne by Buyer, except Seller shall be responsible for clearing that portion o£ the Property required by the County to perform its tests and/or inspections no later than . Buyer shad use Buyer's best eforts to obtain such Peimit Tf the ground absorption sewage system is not permitted, Buyer may terminate this contract and the Earnest money Deposit shall be refinided to . Buy er Yer shall have until lime being of the essence, to provide written notice to Scller that this condition cannot be satisfied, otherwise the conditwn is deemed sated. 12. SOIL, WATER, 'Ul'ILITIES AND ENVIRONMENTAL CONTINGENCY: This contract is contingent upon Buyer abtanimg reports) that (r' the soil is suitable for Buyer's Intended Use, (ii) utilities and water are available to the Property, (iii) there is no envirournental 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'). AR costs and expenses of obtaining the Reports shall be bouic by Buyer. Buyer shall use Buyer's best of forts 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 shall have until time bdng of lke essence, to provide written notice to Seller that this condition cannot be satisfied, otherwise the condition is deemed satisfied 13. RIGHT OF ENTRY, RESTORATION AND INDEMNITY.. Buyer and Buyer's agents and contractors shall have the rot to eater upon the Property for the purpose of appraising the Property, and Peribrnwg the tests and ' one this cx>�ct 1f Buyer terminates this catI tact ra,pectl permitted m Property to su gt and 13 of Provided herein, Buyer shall, at Buyer's expense, testae the Property to sab:;�ntially its grin-e=y condition within thirty days of contract tMuWation. Buyer will : arinify and bold Seller harmless from all loss, damage, claims, snits or costs, which shall arise out of any contact, agreement, or k0iry to any person ar property as a result of any activities of Buyer and Buyer's agents and contractors rotating to the Property. This indemnity shall survive this act and any be iiijnw inn hereof: Notwith8bliding the ;foregoing, Sewer shall be responsible for any loss, damage, claim, suit or cost arising out of pre-existing conditions of the property and/or out of Seller's negligence or wi7ifut acts or omissions. 14. OTRER MOVISIONS AND CONDITIONS: M-E!� I7.E ALL ADDENDA TO THIS CONTRACT AND ATTACH HFY,ETd.) See attached Exhibit A. 15. RISK OF LASS: The risk of loss or damage by fire or other casualty prior to Closing shall be upon Seller. I& ASSIGNMENTS: This contract may not be assigned without the written consew of all parties, but if assigned by agreement, then this contract shaII be binding on the assignee and his heirs and successors. 17. PARTIES- This contract shall be binding upon and shall ia= to the benefit of the parties, i.e., Buyer and Seller and their heirs, suc=ssors and assigns. As used herein, words in the singular include the plural and the masculine includes the feminine and neuter genders, as appropriate. I& SVRVIVAL. If any provision heroin conttamed which by its nature and effect is required to be observed, kept or performed afmr the Closing, it shall survive the Closing and rennin binding upon and for the benefit of the parties herew until fully observed, kept or performed. 19. ENTIRE AGREEMENT: This contract contains the entire agreement of the parties and there are no representations, inducements out other provisions other than those expressed burin. 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 is any hsnng aim, buyer icy fit, or any other agency agreement between them Buyer initials Seller Initi A'`" ?)if ey l (00054494_r)OC)Page 3 of 4 NC Bar AsYOcietion Form No 12Ca 1995, 2002 This Standard Fwm has ben approved jointly by the: NORTH CAROLINA BAR ASSOCIATION —NC Bar Poem No. I NORTH CAiROUNA ASSOCIATION OF REALTORST, rNC. — Standud Form No. 121 20, NOTICE AND EXF-CMON: Any notice or commmn3icatiOu to be ,given, to a Party herein may be given to the party or to such Party" agent This offer shall become a binding contract (the "Effective Date") when signed by both Buyer and Seller and such signing is conItnunicated to the offering party. This contract is execow under seal in signed multiple originals, all of which together constitute one and the same instrument, with a signed original being retained by each pay and each REALTORO° or broker hcroto, and the parties adopt the word "SEAL" beside their signattu'd below, Buyer acknowledges having made an on -site personal examination of the Prop" prior to the maldng of this offer. TIM NORTH CAROLINA AMCIATION OF REALTORS*, INC. AND THE NORTH CAROLINA 13AR 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 FROME FOR YOUR LEGAL NEEDS, YOU SHOULD CONSULT A NORTH CAROLINA REAL ESTATE ATTORNEY BEFORE YOU SIGN IT. ,r Date: - E� -�"*`, Date: 1 d T Buyer (SEAT.) � Sellerr Olt —(SEAL) Jackson on, LLC P. Wa e Nez Date: ate: �T/'/0 Buyer (SEAI� ScllAE11 ,r �, %Y�. �� th Gupton Newnam Escrow Agent aclaolo ledges receipt of the earnest money and agrees to hold and disburse the saw in accordance with the terms hereof: Date Firm Linda Rikc/Lm& Pike Real Le BY (Si ) Selling Agent/Fi nVftone John A, Jackson/John Jackson, Broker 4 4 7 - 712 2 / 2 5 9 - 0 513 Acting as ® Buyer's Agent Cl Seller's (sub) Agent Ll Dual Agent Lasting AgcntTkm4 2xow Linda RikelLinda Me Real Estate Acting as 3 Seller's (sub) Agent Cl Dual Agent {00054494.DOC}Pagc 4 of NC Bar Asso62ticm Form No 12@ 1995, 2002 Thus Standard Form has b= appmvcd jointly by the. NORTH CAROLINA BAR ASSOCIATION — NC Bsr Form No, 12 NORTH CAROGINA ASSOCIATION OF Rt:ALTORSQC, INC. — S1 adard Farm No. 12T ADDENDUM TO OFFER TO PURCHASE & CONTRACT by and between JACKSON & JACKSON, LLC, Buyer and DONALD WAYNE NEWNAM and wife, ELIZABETH GUPTON NEWNAM, Seller dated March 4, 2004 Buyer and Seller hereby amend the above stated Offer to Purchase and Contract as follows: Buyer acknowledges receipt of the sewer system Improvement Permit attached hereto. This contract is contingent upon Buyer's ability to confirm that the construction. of improvements upon adjoining properties has not adversely affected Buyer's ability to instal a septic system. in accordance with specifications set forth on the attached Improvement Permit. 2. This contract is contingent upon. Buyer being able to obtain approval, from all necessary governmental and homeowners associations, to install a boat dock upon the property. 3. In accordance with the regulations established by the North Carolina Real Estate Commission, Buyer hereby notifies Seller that John A. Jackson, Broker, is the sole member of Jackson & Jackson, LLC. March 4, 2004 Jackson & Jackson, LLC/Buyer By: Jo Jack anager Donald Wayne Newnam/Seller 01 f oq �zt 1a Gupton Newnam/Seller .�., /o�t