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HomeMy WebLinkAboutFerrell, Mark 76324C/ D DBEDGE A FILL ENERAL PERMIT Nerrr EModlfication D Complete Reissue DPanial Reis:ue by the Sate of tlordr Caroltra, Depertment of E.Nirorunental Qualltyand the Coastal Rercurces Comndrsloo ln an area of No. 76324 Previons permh #AB it AppliEant Address Phone # AEC(s): ORW: yes State collcern FfSuant to l5A NCAC Proiect Locati'rn: Count, Street Phone # Adi. Wtr. Closest Mai. Wtr. Boq/ Authorfzed Atent ln*t a tw Hk^ztP River Basin D OEA a EES O PTS O UEA D IVA PNA yes i s )-C '/ I T Type of ProrecU Activlty (scale !7 )h€r (do.k) hntth Finger Groh hngrh i Bukhead/ Xlprep rydlo,tcao[thd!\ In.r &l2i<6 ol[*o.E Balifi, dta.rd----.- jL T l_ I cubk r II i+Boat rrmp -ri,_-l_l_r 1--1- I I I I r ot) i EC I I.j. I Beedt Od*T AUH trp t Iq CM.M tITY I I I I L ShordirE Lerytt i r.-+'tlSAV: noa sllr! ttlorddt m n a Photoi: W.fver Anach.d: -t-r-:-Iya. F )ra @ I IL A buildint pennit .n y be requirrd bla n Sec iotc oo beck rega*E RIv€r Baslo rdes ( Note Local Planning.Jur'udktion) Notes/ bn back ofread &.1 N H FI rs.lIt HE t 'g EllV a \- l/ Iil Applkirion Fee(s)Cherk # 4 Date I i-i I! I ----i i-I Fixed PLdo.rn(3) i .l I I I1--_L ,L !-i I I I I I Condltlons t CAMA / DREDGE & FILL ENERAL PERMIT New lModification lCompleteReissue :PartialReissue As by the State of North Carolina, Department of Environmental euality and the Coastal Resources Commission in an area oI vt mental concern pursuant to l5A NCAC Applicant Address Proied Location: County Street AddreW"WIX jjz:ffi{trz No. 76324 Previous permit #@AB s rmrt I City Phone # ( Authorized Agent Affected State t Mail Subdivis 1l---ru Ciq/t"*\H, .[t"ztP River Basin q,LESPTS N/A )<> AEc(s)OEA ORI,V: yes / Agent or Applicant Printed Nam UBA Phone # Adi. Wtr Body (!at PNA yes I \L J,p[(q4( 1p-" t*d to'nPtiante statement o t Type of ProiecV Activity (ScaU: !v )Pier (dod) len$h Fixed Pladorm(s)8 IAtwFloatint Platform(s) \-- I Frnger pier(s) 4\- luGroin lentth - number L errr.r,""alnip[ r*aQ avg distance ofthore\- max distan<e ofishorq_ Basin. <hannel----...-I + b L Boat ramp Eoath VZBeach Bulldozi Other Shoreline Length rs +----------l-L yes yes @ A building permit may be required by See note on back regarding River Basin rules ( Note Local Planning.lurisdiction) N otes/ [q nbackofpermitH Signzluazq\ 4l - 'Cr*.t*, lsui$pr \aoroti". D*. Closest Maj. Wtr. Body T ffi ) t'___f---F-f---i l-t-l--_r--F--i--ffi cubic yard!.- l I + I #I ]T I t SAV: not sune Mora@.ium: nta Photos: I Conditions Application Fee(s) Statement of Compliance and Consistency This permit is subiect to compliance with this application, site drawing and attached Seneral and specific conditions. Any violaiion of these ierms may subiect the permittee to a fine or criminal or civil action; and may cause the Permit to become nullandvoid. This permit must be on the projectsite and accessibletothe permit officerwhen the prolect is insPected forcompliance. The applicant certifies by signing this permit that l) prior to undertaking any activities authorized by this Permit, the aPplicant will confer w6h appropriaie local authorities to confirm that this proiect 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 adiacent riparian landowner(s) . The State of North Carolina and the ovision of coastal Management, in issuing this Permit under the best available information and belief, certifythatthis proiect is consistentwith the North Carolina Coastal Management Program' lf indicated on front of permit, your Proiect is subiect 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 Resources. Contact the Division of Water Resources at the Washington Regional Olfice (257-946-6481) or the Wilmington RegionalOffice (910-795-721 5) for more information on howtocomPlywith these buffer rules. River Basin Rules Applicable To Your Proiect: Tar - Pamlico River Basin Buffer Rules Neuse River Basin Buffer Rules Morehead City Headquarterc 400 Commerce Ave Morehead City, NC 28557 252-808-2808/ | -888-4RCOAST Fax: 252-747 -3330 (Serves: Carteret, Craven, onslow _ Nonh oI New River lnlet- and Pamlico Counties) Elizabeth C ity District 401 S. Griffin St. Ste.300 Elizabeth Ciq/, NC 27909 752-764-3901 Fax:252-264-3723 (Serves: Camden, Chowan, Currituck, Dare, Gates. Pasquotank and Perquimans Counties) ! ,1 other: Washington District 943 Washington Square Mall Washington, NC 27889 257-946-6481 Fax:752-948-0478 (Serves: Beaufon. Bertie, Hertford, Hyde, Tyrrelland Washington Counties) - Wilmington District 127 Cardinal Drive Ext. Wilmington, NC 28405-3845 9t0-796-7715 Fax: 9 I 0-395-3964 (Serves: Brunswick, New Hanover, Onslow - South of New River lnlet- and Pender Counties) Revised 7/06/ I 7 Division of Coastal Management Offices http://portal.ncdenr.or8/web/cm/dcm-home NC Division of Coastal Management Cashier's Official Receipt Date: s Check No.: County: 20 Beceived From:e\Y4\l Applicant's Name:rt-Q-- Project Address:l\3* Pmd Dr frA Please retain receipt for your rgcords as proot of payment for permit issued, Signature of Agent or Applicant: Signature ot Field Representative: Date: Date: >a 10137 o r@o _b ( S Permil No.: Atlanlic Erach/Ce4er€t County , N.C. (Clty/Town and/or County) ' Thc sppllcant haa deecrlbsd b nE, as ahryn b.ilorr, tha dardopnsrt pmpced at t," 601,.l@tbn. X I hara no oQpcdon b tt{s pmpocat. I hffi ot&c ord b thb propoeal. AOJACENT R]PARIAN PROPERTY OWNER STATEMENT Ferrell 's prop€rty located at 't 12 Drive (Name of Property Ownor) Atlantic Beach on (AddrBs, Lot,Block, Road, etc.) ln DESCRIPTION AND/OR DRAWTNG OF PROPOSED DEVELOPTIENT(lndlvldual proposlng development must fr ln descrlptlon betow or eltach . Bt'r. &awtng) I understand- that a prer, doci<, ,""*rffiffir, broar$ater, boarhorise, ri*, or grcrnmud b€ sd back a minrmJm dstanco d ts tom nry an# of rrparian acc6ss unr€8s waiv.d bvrne. (lf you wtsh to walve the setback, !,ou mu.r tnlflit ure "pprdtats H;;k Lb*.i --'--- -' \X r Oo *th to s/atve the i5,6etbed(,Bquhoment. (Prcporty Owner lnformatton) Signaturer Itilark F Pdnl or TW l,lano 11'F)rirra Malllng Actdtsss Allanlin Bc:ch NC 2851, ws:tatealp Telepl1Dne Nunber / ozEi, addrass Allanfin Beanh N(-- ?nq1? R .loh hlnt or TyN I'tamep6q,R Me ing Addrcss Wsttate/Zip Tolephone Numbsr / amall addrcss (RevMAtg.frl4) RECEIVED MAR l6 20a1 DCM.MHDCITY 'Velld lbr on€ calondar yoar afrsr slonattra. Dale' I hereby certr'S that I own plope y adjacont to Sea- ft+o,r]\*d 6k".kL _ I do not wish to rvai\re tho 15, setback roqulrement. Date ADJACENT RIPARIAN PROPERW OWNER STATEMENT I hereby certi! that I own property adjacent to fulark Ferrell (Name of Property Owner) property located at 11'Pond Drive I 3OC B-2 Atlanlic Beach lsles s (Address, Lot, Block, Road, etc.)on Bogue Sound , ln Atlantic Beach/Cartere{ Countv , N.C.(Waterbody) (Ctty/Toym andror County) - The applicant has described to mE, as shourn belour, lhe development proposod at the above location- -+- I have no obiec{ion to this proposal. I have objections to this proposal. DESCRIPTION AND/OR DRAWNG OF PROPOSED DEVELOPMENT (lndividuel prcposlng development must fll! in descrlpfion balow or afrach a slte dnwlng) SER-q,+laryhaot S kel"A-..-' WAIVERSECNON I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or groin must be s€t back a minimum distancE of 15'from my area of riparian access unless walveo oy me. (lf you wish to waive lhe setback, you must lnltlal the appropriate blank below.) I do wish to waive the 15' setback requirement. (Property Owner Itilark Fcrrcll Pint or TWe Name 112 Pond Drive Mailing Address Atlantic Beach NC 28512 C y6tateaip Telephone Number / email addrsss (AdJacent Propertypwner lnlormation) .lohn & Kafherin \Afilliams Print or Type Name )6j) Grant A e Mailing Addess Raleiah NC 27508 >r\or .1, t./', Telephme Nmber / emall addrcss1/tt /to MAR 16 2020 DCU.MHDOTY Dale 'Valid for one calendar ygar ater signatura' Daler _ I do not wish to waive the 15' setback requirement. (Revl*d Aug. 2014) RECEIVED Name of Property Owner Requesting Permit:lVlark Ferrell AtlanticBeach- NC 2851 2 Phone Number: Email Address: I certify that I have authorized The Cutlipher Grorrp, p A. , Agent / Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development:dock ancl lifr 11) Panrl F)rirra All antic Beach in Carteret County. I fufthermore ceftW that I am authorized to grant, and do in fact grant pemission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. Property Owner lnformation : S ture Mark Ferell Print or Type Name Title -o3 tJlt-zep Date RECEIVEOThis certification is valid through 12 I 3't I 2o2o AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Mailing Address:112 Pond Drive at my property located at MAR 16 2020 DCU.IIHDCITY AGREEMENT FORPT]RCHASE AND SALE OF REALPROPERTY Buyer:Mark C. Fenell and wife, Patricia A. Ferrell 1 12 Pond Drive Atlantic Beach, NC 28512 Offer Purchase and Contract:Subject to the terms and conditions set forth herein, Buyer hereby offers to purchase, and Seller agrees to sell and convey, all of Seller's Seller: John Rand Williams and wife, Katherine Rose Williams 2612 Grant Avenue Raleigh, NC 27608 Date of offer: P ebruary ')0 , 20zo (The designation "Buyer" and "Seller" as used herein shall include said parties, their successors, ';"i ;ri;^, and shill include singular, plural, masanline, feminine or neuter as required by context.) The parties hereto own adjoining property located in the Town of Atlantic Beach, NC. Seller is the owner of the poperty loca-ted at 114 Pond Drive, Atlantic Beach, NC (herein .is"ller,. Property") and the Buyer is the owner of the property located at 112 Pond Drive, Atlantic Bea&, NC iherein "Buyer's Property"). The parties are entering into the Agreement in order for Buyer to obtain a portion of Seller's property which Buyer will combine with his existing parcel in order to allow Buyer to access Pond Canal' 1 interest in the land, any improvements, fixtures described as follows: Being a portion of the real property located at 114 Pond Drive, Atlantic Beach, CartJret bounty, North Carolina and being located at the northeast comer ofLot 28, Block 20, Atlantic Beach Isles and the riparian.rights associated with the same all as shown on the attached Exhibit A (herein thd "Property")' The Property is a portion of Carteret County Tax Parcel # 63 75128555658000' The parties acknowledge upon receipt of a survey a more accurate legal description will be drafted and substituted herein. 2. Purchase Price: The purchase price shall be $105,000.00 and shall be paid on the following terms: (i) 'Ee44!$I4q!9y" in the amount of One Thousand and 00/100 Dollars. Upon tt ir Agr""In.nt becoming a contract in accordance with Section 18, the Eamest Money shall be p.ompily deposited in escrow with Kikman Whitford Brady Berryman & Gordon, PA, Atto-.yr at Law, to be applied as part payment ofthe Purchase Price ofthe Property at Closing, or disbursed as agreed upon under the provisions of Section 13 herein. RECEIVEDSeller Initials tu! #J suyertnitials:,14(F W MAR 1 6 ii.iad DCM-MHDOTY $04,000.00 the amount of (ii) Cash. or attomevs' trust account' the balance o*-Hundr"d Four Thousand and 00/100 Dollars' of Purchase Price, at Closing in RECEIVED 3. Proration of Expenses: Seller and Buyer agree that all property taxgs- (9n a calendar year basis) shall be i:rorated as of the dati of Closing on that portion of Seller's property being conveYed to BuYer' 4. Deliveries: Seller agrees to use best :I9ry to deliver to Buyer as soon as reasonably possible after trr. c""tri.i pJ copies of_all information relating to the Property in ;;;;;;i; lior avaitabte to s"ile., including but not limited to: title insurance policies, surveys t#H;: ;i;i,;r*r,r;r;"tir" *urru.,til or service conrracts related to the Property. Seller authorizes (1) any attomey pd;;t oi previously representing Seller to release ard disclose any title insurance policy in.r"r, uoor;,.yJ rrle to Iiuyer and both Buver's and Seller's agents and attorneys;and(2)theProperty'stitleinsureroritsagenttoreleaseanddiscloseallmaterialsin ,f," i;r"'pJ"y. ,i i" irr.ur"js 1o. titt" ln.rt"f. agent's)-file to Buyer and both BuyeCs and Seller's agents and attorneys. f nry.t jo"t 'ot consurimate the Closing for any-reason other than Seller Oii"ri , ,tt"" Buyer shall ,.tu- to Seller all materials delivered by Seller to Buy:r Pyrsuant to ,rrr, i"i,,r* +, iiany, and .nuri, "pon i"1"r's request, provide to Seller copies of (subject to the ;;.rhtp ura .opy.igt t interests of the preparer thereof) any and a1l studies' reports' surveys andotherinformationrelatingdirectlytothePropertypreparedbyorattherequest-ofBuyer,its ".pr"y..r--a agents, and .t-uii a"tir". to seller, upon ttre release of the Earnest Money, copies ;[ii;,h. for:egoing without any warranty or iepresentation by Buyer as to the contents' accuracy or correctness thereof' 5'ExaminationPeriod.TheBuyershallhavetherighttocancelthisAgreemeltfor any reason or for no ."uron i-ithin the Examination Period without liability or penalty if it so cancels.TIMEISoFTHEESSENCEASToTHEEXAMINATIoNPERIoD.T\e ExaminationPeriodshallm"antheperiodbeginningontheContractDateandextendingfor ,i*ty iioi .rr"naar days. The cont *t Date m-eans the date on which this Agreement has been fully executed by both Buyer and Seller' 6. Conditions: This Agreement and the rights and obligations of the parties- under this Ag.ee-"J-t *elre."by made" expressly conditioned .upon fulfillment (or waiver by the partieslwhether explicit or implied) ofthe following conditions: (a) Title Examination: After the Contract Date, Buyer may' at Buyer's expense' cause a titl" "x;ir-"tion to b" made of the Property before the end of the Examination Period' In the event that such title examination shall ihow that Seller's title is not subject only to permitted .,""p,i"*'thenBuyershallpromptlynotifusetler.invritingofallsuchtitle-defectsand "r".p,ior., in no case later than the end of the Examination Period, and Seller shall have until ifr. 6i".irg O"" to cure said noticed defects. If Seller does not cure the defects or objections iefore thetlosing Date, then Buyer may terminate this Agreement. Seller shall be_deemed to hur" notic" of titli defects that reiult from encumbrances placed or allowed on the Property by Seller Initials W. ist Buyer kitials'. /lllE MAR l6 2c20 DCI&MfIDCITY /-11J )frt Seller whether or not Buyer gives notice of such defects, including but not being limited to mortgages, deeds of trust, covinants, easements, and liens'- This closing is conditioned.on the i;."d.y being released irom Sellei's deed of trust dated March 29, 2019, recorded in File ,u.U"i te:::ZZ, Carteret County Registry. ln the event the seller's lender does not approve this t unru"tion o. iftireir additional dtwn payment required is greater than $50,000.00, Seller shall have right to cancel this Agreement. Upon termination by Seller during the Examination Period, Buyer s-hall be entititled to retum of the Eamest Money Deposit' (b) Inspections: Buyer, its agents or representatives, at Buyer's expense and at ,.uronuil. ti.G-d*ir'tg normul business hours, shall have the right to enter upon the Property. for the purpose of inspecting, examining, performing soil boring, environmental and other testing, and'surveying the Property. Buyer shai conduct all such on-site inspections, examinations, soil boring and o er testing, antl surveying of the Property in a good and workmanlike manner, shall .epui." "ny damage to -iire Property caused by Buyeys_ entry and on-site inspections and shall conduct same in-a manner thai do;s not unreasonably interfere with Seller's use and enjoyment ofthe property. Upon Seller's request, Buyer shall provide to Seller evidence ofgeneral liability insurance.- nuy". ihatl also have a right to review and inspect all conuacts or other agreements affecting or related directly to the Property and shall be entitled to review such books and records ofselleithat relate directly to the operation and maintenance of the Property, provided, however, that Buyer shall not disclose any information regarding this Property unless required by law and the same shall be regarded as confidential, to any person, except to its attorneys, accountants, lenders and other professional advisors, in which case Buyer shall obtain their agreement to maintain such confidentiality. Buyer assumes all responsibility for the acts of itself, its agents or representatives in exercising its rights under this Section 6(b) and agrees to indemnifu and hold Seler harmless from any damageJ resulting therefrom. This indemnification obligation of Buyer shall survive the Closing or earlier termination of this Agreement. Buyer shall, at Buyer's expense, promptly repair any damage to the Property caused by Buyer's entry and on-site inspectioni. euyir shill have from the Contract Date through the end of the Examination Period to perform the above insPections, examinations and testing. (c) Approvals: This Agreement is contingent upon both Buyer and Seller obtaining all necessary approvals and permits from the State of North Carolina and the Town of Atlantic Beach for each parties' intended dock. (d) If Buyer chooses not to purchase the Property, for any reason or no reason' and provides written notice to Seller thereof prior to the expiration Examination Period or any extension thereof, then this Agreement shall terminate. (e) Extension. If Buyer has not, despite good faith efforts, obtained all required approvals and permits, on terms, conditions and requirements acceptable to Buyer, by the expiration ofthe Examination Period, then Buyer may extend the Examination Period for two (2) consecutive periods of thirty (30) days each, or Buyer may terminate this A$eement. If Buyer elects to terminate this Agreement, then Buyer shall deliver written notice to Seller prior to the expiration of the initial Examination Period, and in that event the Deposit shall be retumed to @ RECEI\/EO llAR 16 Z0Z0 DCM.MHD CITY Seller Initials ([ry Buyer lr,itrzls:/'hF ftfr RECEIVED MAR 16 2020 DCM.MHD CITY Btyertritiats:fLf qrf Buyer,andthereafterthisAgreementshallbenullandvoid,exceptfortheSurviving Obligations. IfBuyer properly extends the Examination Period, but thereafter Buyer is unable, despite commercially ."uror"tt. efforts, to obtain all approvals, permits and the necessary amendment to the restrictive covenants on the Property by the expiration of the extended Examination period, in each case on terms, conditions and requirements acceptable to Buyer, then Buyer may terminate this Agreement by delivery of written notice to Seller during the extended Examination period. Upon s,i"h te.-i.rution, the entire Deposit shall be retumed to Buyer, and thereafter this Agreement shall be null and void, except for the Surviving Obligations' Not*ithst"nding th" for"going, Seller represents Seller has no knowledge that any portion of the soil or ground water of the Property is contaminated with haz-ardous substances or petroleum productJ. This representation is not a warranty or guarantee as to the absence of such iontamination but serves only as a representation of the knowledge ofthe Seller' 8. Adverse Information and Compliance with Laws: (a) Seller Knowledee: Seller has no actual knowledge of (i) condemnation(s) affecting or contemplated with respect to the Property; (ii) actions, suits or proceedings pending or threatened againit the Property; (iii) changes contemplated in any applicable laws, ordinances or restrictions affecting the Property; or (iv) govemmental special assessments, either pending or confirmed, for sidewalk, paving, water, sewer, or other improvements on or adjoining the Property. Seller represents that the property is not under the jurisdiction of an owners association. Note: For purposes of this Agreement, a "confirmed" special assessment is defined as an assessment that has been approved by a govemmental agency for the purpose(s) stated, whether or not it is fully payable at time of closing. A "pending" special assessment is defined as an assessment that is under formal consideration by a governing body. (b) Comotiance: To Seller's actual knowledge, (i) Seller has complied with all applicable laws, ordinances, regulations, statutes, rules and restrictions pertaining to or affecting the Property; (ii) performance of the Agreement will not result in the breach of, constitute any default under or result in the imposition ofany lien or encumbrance upon the Property under any agreement or other instrument to which Seller is a party or by which Seller or the Property is bound; and (iii) there are no legal actions, suits or other legal or administrative proceedings pending or threatened against the Property, and Seller is not aware of any facts which might result in any such action, suit or other proceeding. 9. Title. (a) Seller agrees to convey fee simple marketable and insurable title to the serrerrnitials:h!1 E}gl Property. Title must be delivered from Seller to Buyer at closing by general warranty deed and must be free of all resffictions, encumbrances, and assessments except: ad valorem taxes for the ;;;;y; ir-y 6.o."t.a tt rough tt " dut" of "toring), utility easements that do not materiallv affect the value of the p.p".ty, uiJ such other "n.*i6r"r."i as may be specifically approved byBuyer.SellershallnotenterintoorrecordanyinstrumentthataffectsthePropertyafterthe Contract Date without tft" priot written consent of Buyer' which consent shall not be unreasonably withheld, conditioned or delayed' (b) The Property must be released.from all deeds of trust' liens' and other "ha.g". againriii and paid uy l"iil, p.io, to or at closing such that the release may be promptly obtained following closing. seller shau remain obligated to obtain any such cancellations and/or releases closing. 10. Closing Expenses: Seller shall pay for -preparation of a a.ee! 3a all other do"r-"nt. n""E.".yIEEFSeller's obligations under this Agreement including any fees related to the release ofthe Property from any &isting deed of trust, excise tax (revenue stamps)' anv deferred or rollback ta*"r, 'uni othe. .on.'.y"r"" f".t or taxes required by law' Buyer shall ;i;;;t;;;;.ir.."", "rarlv title search, title insurance, survey. the cost of any inspections i."inr"rtiguttn, undertaken Uy euyer under this Agreement' Each party shall pay its own attomey's fees. 11. Closins: All parties agrce to execute any and all documents and papers necessary in connection *ith "loring--d the- transfer of title on or before thirty (30) days after the ,xoiration of the Examinattn Period at the law offrces of Kirkman' Whitford, Brady, Berryman ;"d;rd*,;;. ii" a..a is to be made to Buyer. At Closing Seller shall turnish a deed and such ..se[[er,, documents as are normal and cuitomary in transactions of this type in Carteret County, North Carolina. |2.fuskofLoss/Damage/Repair:UntilClosing,theriskoflossordamagetothe P.op".ty, "r".pt u, oth..*it"J.ut"a h.,.in, shall be bome by Seller' Except as to maintaining the'property in its same .ondition, Seller shall have no responsibility for the repair of the frop.tty, including any improvements, unless the parties hereto agree in writing' 13. Eamest Monev Disbursement: In the event that any of the conditions hereto are not sati;fied, o.-in th" "*,r,t of u breach of this Agreement by Seller, then the Eamest Money shall be retumed to Buyer, but such retum shall not affect any other remedies available to Buyer ioi ruct b."""h. In the event this offer is accepted and Buyer breaches this Agreement, then the Earnest Money shall be forfeited, but such forfeiture shall not affect any other remedies available to Seller for iuch breach. NOTE: In the event of a dispute between Seller and Buyer over the retum or forfeiture of Eamest Money held in escrow the escrow agent will retain said Eamest Money in its trust or escrow account until it has obtained a written release from the parties consenting to its disposition or until disbursement is ordered by a court of comPetent jurisdiction, or altemalively, the party holding the Earnest Money may deposit the disputed monies with the appropriate clerk of court in accordance with the provisions of N.C G'S $93A-12' RECEIVED MAR 16 2020 DCM.MHD CITY B"yetratna,,t/lLl:F fufsellerlnitials: iliJ h-y' 14. Con on fP ln If the PropertY is not in substantiallY the same condition at Closing as on the date of the offer, reasonable wear and tear and conditions caused by Buyer excePted,then the BuYer maY (i) terminate this Agreemen t and receive a retum ofthe Eamest MoneY or (ii) proceed to Closi ng whereuPon Seller will bear the cost of restoring the Property to its conditi on on the date ofth e offer. Possession shall be delivered to Buyer at closing' C 15. P S 16.urv lv of All repre sentations, warranties'wS covenants and agreements made by the partiis hereto shall survive the C losing and delivery of the deed. Seller shall, at or within six (6 ) months after the Closing,and without further consideration, execute, acknowledge and de liver to Buyer such other docum ents and instruments, and take such other action as Buyer may reasonably request or as may be necessary to more effectively transfer to Buyer the Property d escribed here in in accordance with this Agreement 17.Entire A ent This contract contains the entire agreement of the parties and there are no rePresentati ons, inducements or other Provisions other than those expressed in writing. All changes, add itions or deletions hereto must be in writing and signed by all parties transaction 18. Contract. Enforceabilitv: This Agreement shall become a contract when signed by uotr, goy".;e s;1., "nd *"h-Jgning i, io,,,.rnicaled. to both parties; it being expressly ;;ffi#;"ii". a"r".iuainiE.iio"n z: is not required for effective communication for the p"r.p"t* "f ,frf t Section 18' ft it agt"trn*t shall be. binding upon and inure to the benefit of in"iJi"t, tn.i. t eirs, successors and assigns and their personal representatives' 19. Authoriw: Each signatory to this Agreement represents and warrants that he or she has full urtt -ity-to sign thls Agreement and such inskuments as may be necessary to "rr"*"" any transaction contemplatei by this Agreement on behalf of the party for whom he or she signs and that his or her signature binds such party' 20.Brokers:BuyerandSellerrepresentandwarranttoeachotherthattheyhavenot ".ptoy"a nii *gaged any brokers, "ontultuntt or real estate agents to be involved in this 2l.Countemarts:ThisAgreementmaybeexecutedincounterparts'eachofwhich *ill b" de"-ld 6J! an original anld all of which together will constitute one and the same ir.t n1"nt. Buyer and Seller both acknowledge and agree that a facsimile or scanned copy of ;i; A;;".# *ith a party's signature is as legally valid and. binding as the original Agreement *frfl "1, "+i""f signature. ThJ parties ug."" th"t any action between them relating to the ounr""aion Jont".p-lut.d by this igreement may be conducted by electronic means, including the signing of this Agreement by one or more of them' include the plural, the masculine form shall be deemed to include the feminine and neuter, and RECEI\/ED MAR I 6 2020 DCM.MHDCITY Seller Initials at-Btyerrnitizts;/111d Li- the neuter form shall be deemed to include the masculine and feminine' 23.Notices:Unlessotherwiseprovidedherein,allnoticesandothercommunications which may-be or are required to be gi'"n or- made by any party to the other in connection herewith shall be in writing and shall bJ deemed to have been properly.given and received on the I"i. a"iir"i.a in person Jr deposited in the United _states mail, registered or certified, retum ."."ipi."q""""J, to the addreJses set out at the beginning of this Agreement' or at such other "aa.Jtt"t l, ,p."ifi"d by *ritten notice delivered in accordance herewith' 24. Additional provisions: It is the intent of both of the parties to this Agreement to constru; ao"t" una pot.iUfy t*t lifts on their respective properties' The parties agree.to locate their docks in such a manner so that there is at leait six (6) feet of separation between the docks ;];;;;rr;;s dock being built no closer than four (4) feet from the common riparian line' e".r, p".'y ug,"., to fully co-operate with the other in obtaining approvals for their docks and any boat lifts to be installed. In the event CAMA or other permitting agency requires the consent of ;;;j;iri;g "*"er as a requirement of issuing a permit for a party's dock or lift, the party from whom consent in sought shall give consent' TheprovisionsinthissectionshallsurvivetheclosingoftheProperty,shallbebinding on the parties, their heirs, successors and assigns an{ shall run with the title to both Seller's PropertyandBuyer,sProperty.Thepartiesagree-toexecuteadocumentwhichwillberecorded at the time ofcloiing regarding the provisions of this paragraph' IN WITNESS WIIEREOF the parties have executed this Agreement' SELLER:BIIYER: CTTC ll Patricia A. Fenell Date J Rand illiams 1 Katherine Williams Date: 'i--Lo LO /a-"d <,"p4/1't/ af a"f n" til"t-, A-X"-- RECEIVED MAR 16 2020 DCM.MHDCTTY plrrver lrritials: I liF 'rfu. *1 Setrerlnitials:fl- ry- Date of Ofrer: FebruarY 4t,2020 (fhe designation ,,Buyer,' and "seller" as used herein shall include said parties, their successors, 'ond assiitrs, and shill include singular, pltnal, masc-uline, feminine or neuter as required by context.) l. Offer to Purchase and Contract Propertv: Subject to the terms and conditions set forth herein, S-tto ugre"r to sell and convey, all of Seller's interest in the land, any improvanents, fixtures described as follows: Being a portion of the real property located a 108 Pond Drive Atlantic Beach, and being part of Lot 30A as shown in Map Book 33, Page 71' Carteret County Registry and the riparian rights associate with the same all as shown as the crosshatched area on the attached Exhibit A fterein the '?roperty'). The Property is a portion of Carteret County Tax Parcel # 637512854678. The parties acknowledge upon receip of a survey a more accurate legal description will be drafted and substituted herein. AGREEMENT FORPIJ'RCHASE AND SALE OF REAL PROPERTY Buyer Mark C. Fenell and wife, Patricia A. Ferrell 1 12 Pond Drive Atlantic Beach, NC 28512 Seller:Cheryl A. Harnilton Richard D. Johnson P.O. Box 928 Atlantic Beach, NC 28512 2. Purchase : In consideration for the acquisition of the property, Buyer shall pay the sum of $100.00 plus all of costs incurred by Seller related to the conveyance of the property including, paying any release fees to release the property from Seller's deed of trust with l$ Mariner Bank dated May 3, 2013, recorded in Deed Book lz[46, Page152, Carteret County Registry. S 100.00 (i) "Earu9$-I4A!eg' in the amount of One Hundred and 00/100 Dollars. Upon this Agreement becoming a cootract in accordance with Section 16, the Earnest Money shall be promptly deposited in escrow with Kirknan Whitford Brady Berryman & Gordon, PA, Attomeys at Law, to be applied as part payment of the Purchase Price of the Property at Closing, or disbursed as agreed upon under the provisions of Section I t herein. RECEIVED MAR l6 2020 DCM.MHD CITY Seller tnitials:*5 a.,y*roraa",fiUF :i# 3. Expenses: Seller and Buyer agree that all proPTw t"*"t (on a calendar year basis) sha, be prorated as of the o"t" #ir-".t,g # tt ur portioo oi s"il"r't prop"rty being conveyed to BUyef. c t-^) ^-a ^ll ^+kd.lncrrrncnfs nexessarv tO Buyer shall pay for preparation of a deed and all other documents necessary nerform Seller,s obligations *d* rf,i;f,g*-ent including anv fees related to the release of the ffidffi ;;iil;;iloiru'i"*"i'" tax (revenue stamps)' anv defened or rollback taxes, and other conveyanc€ toiot *"t t"quired by iaw' Buyer shall pay recording costs' costs of anv title search, title hr;;' il;v, tr," '*t of any inspections or investigations Iloti*"Ti, *v"i *J"t tut Lse".enl -Buver shall pav all attomev's fees' 4. Examination period. The Buyer shall have the risht to cancel this Agreement for anv re.son or for no ,*ron *ti nin ih; ;;;;t#; Period wiihout liability or ptlgljry^lf il to ;"#;"..M;^-ii Oi rgL rSSrrIir AS TO THE EXAMINATION PENOD. T\E Examination period shall .# ;"";;;";1"gi*irg on the contract Date and extending for sixry (60) calendar auy.. fn" to.It uii-Out" -".-" tf," dut" on which this Agreement has been fully executed by both Buyer and Seller' 5. Conditions: This Agreement and th. 9 riefrs and obligations. of the parties^under this Agreement are hereby ."a. -ixp;.rrv conditioned upon fulfillment (or waiver by Buyer, *fr"tftJ. "xptlcit or implied) of the following conditions: (a) Release: This closing is conditioned uryL th" release of the same from any and al1 mortgages, deeds of trus! *;il;,;;ents' ;d fiens including' but not limited to that deed of trust with 1$ Mariner B-il;d M;y 3,'2013 recorded in Deed Book 12146, Page152' Carteret CountY RegisrY. (b)llppl9yal:ThisAgreementiscontinqeltuponobtainingallnecessaryapprovals and permits from the St"t" ;i fr;; Carolina unJ th" io*t of Atlantic Beach for Buyer's intended dock. (c) If Buyer chooses not to purchase the Property' for any reason or no relson' and pr#des written nouce io Seller thereof prior to the expiration Examination Period or "oy "*t"o.ion thereof, ther this Agreement shall terminate' (d)Extension.IfBuyerhasnot,despitegoodfaithefforts,obtainedallrequired upp.ora, *d p.rrit , on terms," conditions- and requirements acceptable to Buyer' by the "lii-ti"" "f tfti Examination Period, then Buyer may extend the Examination Period for two (2) "ujn.."utir" periods of thirty (30) days each, or BuYer may terminate this Agreement' .If Buyer elects to terminate t51s agxeement, ti-ren Buyer shail deliver written notice to Seller prior to the "*piru,loo of the initial g*u-inution Period, and in that event the Deposit shall be retumed to iiir* ."0 thereafter this Agreement shall be null and void, except for the Surviving Obligations. IfBuyerproperlyexterrdstheExaminationPeriodbutthereafterBuyerisunable,despite RECEIVED MAR l6 2020 DCM.MHD CITY Seller Initials:c^L Buy*rninarstfuE w commercially reasonable efforts, to obtain all appfovals, Permits and the necessary amendment to the resfiictive covenants on the Property by the expiration of the extended Examination Period, in each case on terms, conditions and requirements acceptable to Buyer, then Buyer may i".*irut" tt ir agr"ement by delivery of written notice to Seller during the extendedExamination i"f"a. Up.. r.irh t".-iootioo, the entire Deposit shall be returned to Buyer, and thereafter this Agreemeni shall be null and void, except for the Surviving Obligations' Not*i*rrtanai"g tfr" f*"going, Seli". t.pres"ot, Seller has no knowledge that any portion of the soil or ground -water of ihe p.op".ty iJ contaminated with hazardous zub1anc9s or petroleum prodrrcti. This representation is not a warranty ot guarantee as to the absence of such oonwnination but serves only as a representation ofthe knowledge of the seller. 7.4 and C liance with Laws (a)SellerKnowledqe:Sellerhasnoactualknowledgeof(i)condemnation(s) affecting or "ont"Inplut"d *ith respect to the Property; (ii) actions, suits or ploceedings pending or tlreaiened against the Property; (iii) changes contemplated in any applicable laws, ordinances or restrictions aftecting the Property; or (iv) governmental special assessments, either pending or confrmed, for sidewaft paving, water, sewef, or other improvements on or adjoining the Property. Seller represents that the property is not under ttre jurisdiction of an owners association. Note: For purposes of this Agreement, a "confirmed" special assessment is defined as an assessment that has been approved by a govemmental agency for the purpose(s) stated, whether or not it is fully payable at time of closing. A "pending" special assessment is defined as an assessment that is under formal considemtion by a goveming body. (b) Comoliance: To Seller's actual knowledge, (i) Seller has complied with all applicable laws, ordinances, regulations, statutes, rules and restrictions pertaining to or affecting the Property; (ii) performance of the Agreement will not result in the breaoh ol constitute any default under or rezult in the imposition of any lien or encumbrance upon the Property under any agreement or other instrument to which Seller is a party or by which Seller or the Property is bound; and (iii) there are no legal actions, suits or other legal or administrative proc.eedilgs pending or threatened against the Property, and Seller is not aware of any facts which might result in any such action, suit or other proceeding. 8. Title. (a) Seller agrees to convey fee simple marketable and insurable title to the Property. Title must be delivered ftom Seller to Buyer at closing by general warranty deed and must be free of all restrictions, encumbrances, and assessments except: ad valorem taxes for the current year, ifany (prorated through the date ofclosing), utility easements that do not materially RECEIVED MAR 16 2020 DCM.MHD CITY Seller Initials:ft\\.Brryrl lrrttizls: /Aff W(q-u- affect the value of the Property, and such other encumbrances as may be specifically approved Ui S"y.". Seller shall not ;nter into or record any instument that affects the Property after the io"t u"t Date without the prior written consent of Buyer, which consent shall not be uffeasonably withheld, conditioned or delayed. (b) The Property must be released fiom all deeds of trust liens' and other charges against it and paid by $eiler prior to or at closing such that the release may be promptly obtalned iollowing ctoiing. Seller shall remain obligated to obtain any such cancellations and/or releases closing. 9. Closing: All parties agree to execute any and all documents and papers necessary in connection *itl, closiog- and the- traosfer of title on or before thirty (30) days after the expiration of the Examination Period at the law offices of Kirkman, whitford, Brady' Berryman & bordon, P.A. The deed is to be made to Buyer. At Closing Seller shall flrmish a deed and such "seller" documents as are normal and customary in fiansactions of this type in Carteret County, North Carolina- Property, except as otherwise provided herein, shall be borne by Seller. Except as the -Property in its same condition, Seller shall have no responsibility for the Property, including any improvernents, unless the parties hereto agree in writing' 11. Eamest Money Disbursement: In the event that any ofthe conditions hereto are not satisfie4 or in the event of a breach of this Agreement by Seller, then the Earnest Money shall be returned to Buyer, but such retum shall not affect any other remedies available to Buyer for such breach. Lr the event this offer is accepted and Buyer breaches this Agreemenl then the Eamest Money shall be forfeited, but such forfeiture 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 retum or forfeiture of Eamest Money held in escrow the escrow agent will retain said Earnest Money in its trust or escrow account until it has obtained a written release from the parties consenting to its disposition or until disbursement is ordered by a court of competent jurisdiction, or alternaively, the party holding the Earnest Money may deposit the disputed monies with the appropriate clerk of court in accordance with the provisions ofN.C'G.S $93A 12' 12. Condition of Property at closine: If the Property is not in substantially the same condition at Closing as on the date of the offer, reasonable wear and tear and conditions caused by Buyer excepted, then the Buyer may (i) terrninate this Agreement or (ii) proceed to closing whereupon Seier will bear the cost of restoring the Property to its condition on the date of the offer. 10. Risk of Until Closing, the risk of loss or damage to the 13. Possession: Possession shall be delivered to Buyer at closing. t4.Reoresentations and Warranties: All representations, warranties, to maintaining repair of the RECEIVED MAR 16 2020 DCM.MHDCIry Seller Iaitials: Survival of rluyetfinab'. ./'1!Fgh!+w- covenants and agreements made by the parties hereto shall survive the closing and delivery of the deed. seller shall, at or witlin six (6) months after the closing and without further "orrria"*tion, "*ecute, acknowledge and deliver to Buyer such other documents and instruments, and take zuch other action as Buyer may reasonably request or as may be necessary to more effectively transfer to Buyer the Property described herein in accordance with this Agreement. 15. Entire Aseement: This confact contains the entfue agleement of the parties and there are no ..p."r"a[tio*, i"ducements or other provisions other than tlose expressed in .*iting. err changes, additions or deletions hereto must be in writing and signed by all parties. 16. Contracr Enforceabilitv: This Agreement shall become a conEact when sigred by both Buy". -d Selle. *d r*h rigpiog is iommunicated to both parties; it being_ expressly ug.ra thut ttr. notice described in Siction ZO is not required for effective communication for the pi.po.", of this Section 18. This Agr€ement shall be binding upon and inure to the benefit of itrc parties, ttreir treirs, successors and assigns and their personal representatives. 17 . AuthoriW: Each sipatory to this Agreement represents and warrants that he or she has full authority io sigr this Agreement and such instruments as may be necessary to effectuate any transaction contemplated by this Agreement on behalf of the party for whom he or she signs and that his or her signature binds such party. 18. Brokers: Buyer and seller represent and warrant to each other that they have not employed "ot *gag"a any brokers, consultants or real estate agents to be involved in this transaction. 19. Counterparts: This Agreement may be executed in counterparts, each of which *ill b" d"e."d to b. u, original and all of which together will constitute one and the same instrument. Buyer and Seller-both acknowledge and agree that a facsimile or scanned copy of this Agreemeni with a party's sip.ature is as legally valid and binding as the original Agreement with i original signaturi. Thi parties agtee that any action between them relating to the transaction Jontempiated by this Agreement may be conducted by electronic means, including the signing of this Agreement by one or more of them. 20. Number. Gender: As the context herein may require, the singular shall be deemed to irr"lud. th. plurul, tt " ma."oline form shall be deemed to include the feminine and neuter, and the neuter form shall be deemed to include the masculine and ferninine' 21. Notices: Unless otherwise provided herein, all notic€s and other communications *hi"h.ay b" * are required to be given or made by any pafty to the other in connection herewith sha11 be in writing and shall be deemed to have been properly given and received on the date delivered in person or deposited in the United States mail, registered or certified, retum receipt requested, -to th" uddresr"s set out at the beginning of this Agreement, or at such other addresses as specified by written notice delivered in accordance herewith. RECEIVED MAR 16 2020 DCM-MHD CITY Seller Initials:od\.atryerwnab:fvkFur]J- ,--,.F,W BUYER: IN WITNESS WHEREOF the parties have executed this Agreement' SELLER: C. Ierrell D.J Cheryl Hamilton Date: ,- Patricia A. Ferrell Date: a Z ,r')L a,LuL)4 o,-y14--,tc(/,0(/, oA'lALzl A"0O RECEIVED MAR 16 2020 DCM.MHD OTY Seller Initials:Buyer Initials:4E tYU;, @'""f.-- ff'a-]W THE CUtt|PHER GROUP, P.A. ENGINEERING & SURVEYING SERVICES HESTRON PLAZA TWO 151-A NC HWY 24 MOREHEAD CITY, NC 28557 P:(252) 773-0090 Ftlzs2l 773'0243 tilTER OF TRANSMITIAT To: t l0btro - ap(ff\A ( WE ARE SENDING YOU: THESE ARE TRANSMITTED as checked below: ! For approval EResubmit -copies for approval ! For your use lsubmit -copies for distribution E As requested [For review and comment D ron sros our E pRtrurs RETURNED AFTER LoAN To us RECEIVEO MAR 16 2020 DCM.MHDOW DATE IOB NO ATTENTION ^r,lll ? H ENil€R. Nb"l PoruD D€. coPtEs DATE NO.DESCRIPTION eeuaRnu Dc,Qrnr i APPUCA no\J REMARKS COPY TO SIGNED