HomeMy WebLinkAbout20011291 Ver 1_COMPLETE FILE_20010824State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
Michael F. Easley, Governor NCDENR
William G. Ross, Jr., Secretary NORTH CAROLINA DEPARTMENT OF
Gregory J. Thorpe, Ph.D., Acting Director ENVIRONMENT AND NATURAL RESOURCES
September 18, 2001
Buncombe County
DWQ Project No. 01-1291
D. t tZ
APPROVAL OF 401 Water Quality Certification
Stephanie Armstrong
c/o Robin L. Shook and Ronald D. Shook, Sr.
9 Shook Cove
Leicester, NC 28748-5436
Dear Ms. Armstrong:
You have our "approval in accordance with the attached conditions and those listed below, to impact 40...,
linear feet of Spring Creek branch for the purpose of installing a driveway culvert at 40 Shook Cove Road,
Leicester, NC in Buncombe County. The project should be constructed in accordance with your application
received August 24, 2001. After reviewing your application,- we have decided that this activity is covered
by General Water Quality Certification Number 3289. This certification corresponds to the Nationwide
Permit Number 14 when issued by the US Army Corps of Engineers. In addition, you should acquire any
other federal, state or local permits before you proceed with your project including (but not limited to)
Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. This approval
will expire when the accompanying 404 permit expires unless otherwise specified in the General
Certification.
This approval is valid solely for the purpose and design described in your application (unless modified
below). Should your project change, you must notify the DWQ in writing and submit a new application. If
the property is sold, the new owner must be given a copy of this Certification and approval letter, and is
thereby responsible for complying with all the conditions. If total wetland fills for this project (now or in
the future) exceed one acre, or if total impacts to streams (now or in the future) exceed 150 linear feet,
compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). ). This
- - approval shall expire with the corresponding Nationwide Permit expires or as otherwise provided-in the - - -
General Certification. For this approval to be valid, you must follow the conditions listed in the attached
certification and any additional conditions listed below.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing.
You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written
petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its
conditions are final and binding unless you ask for a hearing.
Wetlands/401 Unit 1650 Mail Service Center Raleigh, North Carolina 27699-1650
Telephone 919-733-1786 FAX 733-6893 -
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post consumer paper
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
Gregory J. Thorpe, Ph.D., Acting Director
4 • ?.
1
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please contact John Dorney (919-733-9646), or Mike Parker in the
Asheville Regional Office at 828-251-6208.
a Sincerel ,
ry J. Thorpe, Ph.D.
Acting Director
Attachment
cc: Wilmington District US Army Coips of Engineers
USACE Raleigh Field Office
Asheville DWQ Regional Office
File Copy
Central Files
01-1291
M
Wetlands/401 Unit 1650 Mail Service Center Raleigh, North Carolina 27699-1650
Telephone 919-733-1786 FAX 733-6893
An Equal Opportunity Affirmative Action Employer 50% recycled/l0% post consumer paper
t `
Office Use Only: Form Version April 20011
USACE Action ID No. DWQ No. 011291
If any particular item is not applicable to this project, please enter "Not Applicable" or,"N1A" rather than
leaving the space blank. ---
nA.
1. Processing
AUG 2 4 2001
1. Check all of the approval(s) requested for this project:
Section 404 Permit W WETLAtiDS11GP
Section 10 Permit `
401 Water Quality Certification
71 Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested: 6,lv,?xw. 1q
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here:
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here: El
II. Applicant Information
1. Owner/Applicant Information b }? L 51?® k
Name: Jac ?l,a•.,E r,m,ca-r??_ Cj? dna?1 h
Mailing Address:__ i [? '?s ivw.y Ir,_ 0,0,),e 0- 1 ti 0
q%r q5t l;q 3L v_ g7 U S_ 5g3f.
Telephone Number: Fax Number:
E-mail Address: -.,% , ?v __ SD SOP t?4%n,, .Chm__
2. Agent Information (A signed and dated copy of the Agent Authorization letter must be
attached if t Agent has signatory authority for the owner/applicant.)
Name:_ L 1,oa
Company Affiliation: ?s-l-r?? _
Mailing Address: CtShoo le t "tra
Telephone Number:
E-mail Address:
Fax Number: 7,d•$ -
Page 3 of 3
E
'
M. Project Informatio
Attac a vicinity ma clearly showing the location of ?the r with respect. to local
landmarks sue as owns, rivers, and roads. Also provide a tailed site plan howing property
boundaries and development plans in relation to surrounding p the vicinity map
and site plan must include a scale and north aao The sl?cif? foznr?nts of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NR?CSr Soil Survey with the property
boundaries out me Phan rawings, or other maps may be included at t he applicant's discretion.
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWO prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If hx size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: 15 tp t-c s? L-gq vie EJ
2. T.I.P. Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): _ to j v-%caot 0 y e
4. Location ???{ US
County: V e? C4 o t? Nearest Town??.S'$
Subdivision name (include phase/lot number): _
Directions to site (include road numbers, landmarks, etc.):__Iq_
Ds 1_'Z L1 Q_
A bi?u? aoyd , ? ' Alit -UP w* ??
5. Site coordinates, if avai 3a ong).
(Note -- Ifproject is linear, such as a road or utility line, attach a_ sheet that separately Lists the
coordinates Tor each crossing of a distinct water)
6. Describe the existing land use or condition of the site at the time of this application
-7 V
7. Property size (acres):
r 8 Nearest body of water (stream/river/sound/oceanAake):
,?NNt_____sfcx _.---_-
P::1 River Basin:
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at littv://h2o.enr.state.nc.us/q4M- /mag5/.)
Page 4 of 4
s
10. /D?e?s,.cri..b?e the purpose of the proposed work:
I I . List the type of equipment to be used to construct the project:
12. Describe the land use in the vicinity of this project: fo n;lq hO&UXA fx,
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USAC;E Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
V. Future Project Plans
Are any additional permit requests anticipated for this project in the future? If so, describe the
anticipated work, and provide justification for the exclusion of this work from the current
application:._jNJM
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
Page 5 of 5
a
1. Wetland Impacts
Wetland Impact
Site Number
(indicate on map)
Type of Impact* Area of
Impact
(acres) Located within
100-year Ftoodplain**
(yes/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***
i
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http:f/www.fema.gov,
**= List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.)
List the total acreage (estimated) of existing wetlands on the property:_ _
Total area of wetland impact proposed: q& X _
2. Stream Impacts, including all intermittent and perennial streams
7 Stream Impact ^Length of Average Width Perennial or I
Site Number Type of Impact* Impact Stream Name** of Stream Intermittent?
(indicate on map) (linear feet) Before Impact (please specify)
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditch ing/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
*x Stream names can be found on USGS topographic maps, If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
.?yv??;wusgs -)v-. - - Several intemet sites also allow direct download and printing of USGS maps (e.g., www. ppozonenc?m,
tivLVw_mupquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site:
Page 6 of 6
3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S.
Qpen W ter Impact
Site Number
(indicate on map)
Type of Impact*
_ Area of
Impact
(acres) Name of Waterbod
(if applicable} y Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)
* List each impact separately and identify temporary impacts. impacts include, but are not limited to: till, excavation, dredging,
flooding, drainage, bul'kbeads, etc.
4. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): F? uplands [] stream wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):___
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stornzwater requirement, etc.): _-
Size of watershed draining to pond:M_,Expected pond surface area:
V11. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
Page 7 of 7
V11I. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http.://h2o.enr.state.nc.us/ncwetlands/strmi?id.e.htip
Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
Page 8 of 8
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 401/Wetlands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at b?ttp-Lili2c?.enr.st,Lite.RL.us/wrp/index.bttr;, If
use of the NCVW is proposed, please check the appropriate box on page three and provide
the following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):` _
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):`_
IX. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
land?
Yes No CR
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at (919) 733-5083 to review current thresholds for environmental documentation.
Yes [:] No E]
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ® No F]
X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DW Q
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify _? ,gs ?,??? )?
Yes No? If you answered "yes", provide the following information:
Page 9 of 9
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
I Zone* Impact
(squa a feet) Multiplier Required
Mitigation
1 3
2 1.5
Total
I-V„o I cn1:11u3 out w icm pcrpcnuicuiar from near nanK oI cnanneto done z extends an
additional 20 feet from the edge of Lone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B.0242 or .0260.
X1. Storrnwater (DWQ Only)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
XII. Sewage Disposal (IDWQ Only)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
1
XIII. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes [] No 14
Is this an after-the-fact permit application?
Yes ? No X
Page 10 of 10
XIVV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's conttr?ol).
/? 1 ).f/ ?fS.. ?J? a /'1i ri ..!! ? i e 9s i/r] . w .r. !lw A ? ?..? !'1Y ?/h .. ..?(' nf'S. Y'171/?w?..?... l{: j ? •-( i' • i. ,?i
12L let ? L&,V% g A
Applicant/Agent's Signature U ' Date I
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
US Army Corps Of !Engineers Field Offices and County Coverage
Asheville Regulatory Field Office Alexander Cherokee Iredel! Mitchell
US Army Corps of Engineers Avery Clay Jackson Polk
151 Patton Avenue Buncombe Cleveland Lincoln Rowan
( Room 208 Burke Gaston Macon Rutherford
! Asheville, NC 28801-5006 Cabarrus Graham Madison Stanley
` "Telephone: (828) 271-4854 Caldwell Haywood McDowell Swain
Fax: (828) 271-4858 Catawba Henderson Mecklenburg Transylvania
Raleigh Regulatory Field Office Alatnance Durham Johnston Rockingham
US Army Corps Of Engineers Alleghany Edgecombe Lee Stokes
6508 Falls of the Neuse Road Ashe Franklin Nash Surry
Suite 120 Caswell Forsyth Northampton. Vance
Raleigh, NC 27615 Chatham Granville Orange Wake
Telephone: (919) 876-8441 Davidson Guilford Person Warren
Fax: (919) 876-5283 Davie Halifax Randolph Wilkes
Washington Regulatory Field Office Beaufort Currituck Jones
US Army Corps Of Engineers Bertie Dare Lenoir
Post Office Box 1000 Camden Gates Martin
Washington, NC 27889-1000 Carteret* Green Pamlico
Telephone: (252) 975-1616 Chowan Hertford Pasquotank
fax: (252) 975-1399 Craven Hyde Perquimans
Wilmington Regulatory Field Office Anson Duplin Onslow
US Army Corps Of Engineers Bladen Harnett Pender
Post Office Box 1890 Brunswick Hoke Richmond
Wilmington, NC 28402-1890 Carteret Montgomery Robeson
Telephone: (910) 251-4511 Columbus Moore Sampson
Fax: (910) 251-4025 Cumberland New Hanover Scotland
Pitt
Tyrrell
Washington
Wayne
_A.10
Union
Watauga
Yancey
Wilson
Yadkin
*Croatan National Forest Only
7
Page I I of I I
Smoky Mountains Realty
Offer to Purchase and Contract
MILTON SHERMAN, Jr.., as Buyer hereby offers to purchase and REEVES E. SUTTLES, and wife EDNA A. SUTTLES and BRONNIE
RAMSEY and wife DANNY JEAN RAMSEY. as Seiler upon acceptance of said offer, agrees to sell and convey, ® all of that plot, ® piece or I
parcel of land described below, together with all improvements located thereon and such personal property as is listed below (the real and personal
property are collectively referred to as "the Property„), in accordance with the Standard provisions on the REVERSE SIDE HEREOF and upon the
following term and conditions:
I. UAL PIt.QPEBTY: Located in the City of SANDYMUSH TOWNSHIP , County of BUNCOMBE , in the State of North Carolina, being
known as and more particularly described as:
Street A4drr,ss0U GARREXT COVE RD.. Zin Code 25748
Legal Description. BEING A 10 ACRE (more or less, to be surveyed) PORTION of plaW751.00-55-6838,RECORDED IN DEED
BOOK#I668, PACE0648
2. PERSONAL I!ILQJRTY: NONE
3. PURCHASE PRICE-. The purchase price is$6.500.00 PER ACRE and shall be paid as follows: c $1,000.40 in earnest money paid by
personal check with the delivery of this contract to be held in escrow by SMOKY MOUNTAINS REALTY as agent, until the sale is closed, at
which time it will be credited to Buyer, or until this contract is otherwise terminated and it is disbursed in accordance with the Standard Provisions
on the REVERSE SIDE HEREOF;
b. NIA by assumption of the unpaid principal balance and all obligations of Seller on the existing loan secured by a deed oftrust on the Property;
c. PURCHASE PRICE, (LESS $1,000.00 EARNEST MONEY DEPOSIT, AND CASH AT CLOSING FOR A TOTAL OF 20% DOWN)
by a promissory noted secured by a purchase money deed of trust on the Property with interest prior to default at the rate of 8% per annum,
payable as follows : IRAN SHALL BE AMORTIZED AT 10 YEARS, WITH 11-ELEVEN EQUAL MONTHLY PAYMENTS,
BEGINNING 30 DAYS FROM CLOSING, AND 12th PAYMENT BEING A GALLON PAYMENT WITH ENTIRE UNPAID
BALANCE DUE.
Prepayment restrictions and/or penalties, if any, shall be NONE
Assumptions or transfer rights, if any, shall be AT SELLERS DISCREATION
d 20% 21 PURCHASE PACE aJSS $1.2K.22 BEST MONEY DEPOSI'I'1 , the balance of the purchase price in cash at closing.
4. CONDITIONS: (State N/A in each. blank of paragraph 4(s;) and 4(b) that is not a condition to this contract.)
g: The Buyer must be able to obtain a firm commitment on or before JULY 15 , 2001 effective through the date of closing for a CONSTRUCTION
loan in the principal amount of CURRENT MARKET RATE, FOR A SINGLE FAMILY HOME for a tern of 0 30 year(s), at an interest rate not
to exceed 7.5% per annum, with mortgage loan discount point not to exceed -2- of the loan amount. Buyer agrees to use his best efforts to secure
such commitment and to advise Seller immediately upon receipt of the lender's decision. If Seller is to pay any loan closing costs; those costs are
as follows PERIMETER SURVEY OF 10 ACRE&
b. The Buyer must be able to assume the unpaid balance of the existing loan described in paragraph 3(b) above for the remainder of the loan term,
at an interest rate not to exceed N/A per annum fixed (or describe type of loan) N/A with mortgage loan assumption and/or discount points not to
exceed N/A of the loan balance. (See Standard Provision No. 2). If such assumption requires the lender's approval, approval trust be granted on or
before . Buyer agrees to use his best efforts to secure such approval and to advise Seller immediately upon his receipt of the lender's decision. If'
Seller is to pay any loan assumption costs, those costs are as follows: NIA I
e. There must be no restriction, casement, zoning or other government regulation that would prevent the reasonable use of the real property for
RESIDENTIAL AND AGRICULTURAL purposes. ,
5. ASSESSSMENTS: Seller warrants that there are no special assessments, either pending or confirmed, for sidewalk, paving, water, sewer or
other improvements on or adjoining the Property, except as follows; NONE (Insert "None" or the identification of such assessments, if any. The
agreement for payment or proration of any assessments indicated is to be set forth in Paragraph 6 blow.)
6. OTHER PROVIMN AND CONDITIONS: All of the Standard Provisions on the REVERSE SIDE HEREOF are understood and shall apply
to this insturment, except the following numbered Standard Provision shall be deleted: (if none are to be deleted, state "None")
IF THERE ARE ANY ADDENDA TO THIS CONTRACT, INDICATE AND AT TACH HERETO. #2, 8, 9, 11. (B)SEE ATTACHED
ADDENDUM
9. CLOSING: All parties agree to execute any and all documents and papers necessary in connection with closing and transfer of title on or before
JULY 25,2001 at. a place designated byBUYER. The deed is to be made to BUYER OR ASSIGNEE
8. POSSESSION: Possession shall be delivered AT CLOSING In the event that Buyer has agreed that possession is not delivered at closing then
Seller agrees to pay to Buyer the sum of 41- per day from and including the date of closing to and including the date that possession is to be
delivered as above set forth.
9. COUNTERPARTS: This offer shall become a binding contract when signed by both Buyer and Seller. It is to be signed in 4- counterparts
with a signed counterpart being retained by each party hereto and the escrow agent, if any.
Date of suffer
Buyer: Seller:
(SAL) ?- SEAL)
Buyer- fla, Seller.
(SEAL) CrEAL)
I hereby acknowledge receipt of the earnest money herein set forth and ee hold and disburse the a in accordance with the terms hereof.
21ge > 20 Finn, 5MQM MOUNTAINS IL_ t TY __ _ REALTY CO. SMR o
BUYERS AGENT
X SELLERS (SIT13) AGENT _ ._.? .. ?_ . __ ._ .
BOOK91668, PAGEN45
2. PERSONAL PROPERTY: NONE
3. PURCHASE PRICE: The purchase price is 6 500.00 PER ACRE and shall be paid as follows: g $1,000.00 in earnest money paid by
personal check with the delivery of this contract to be held in escrow by SMOKY MOUNTAINS REALTY as agent, until the sale is closed, at
which time it will be credited to Buyer, or until this contract is otherwise terminated and it is disbursed in accordance with the Standard Provisions
on the REVERSE SIDE HEREOF;
b. NIA by assumption of the unpaid principal balance and all obligations of Seller on the existing loan secured by a deed of trust on the Property;
c. PURCHASE PRICE,. (LESS $1,000.00 EARNEST MONEY DEPOSIT, AND CASH AT CLOSING FOR A TOTAL OF 20% DOWN)
Ty a promissory noted secured by a purchase money deed of trust on the Property with interest prior to default at the rate of 8% per annum,
payable as follows : LOAN SHALL BE AMORTIZED AT 10 YEARS, WITH 11-ELEVEN EQUAL MONTHLY PAYMENTS,
BEGINNING 30 DAYS FROM CLOSING, AND 12th PAYMENT BEING A BALLON PAYMENT WITH ENTIRE UNPAID
BALANCE DUE.
Prepayment restrictions and/or penalties, if any, shall be NONE
Assumptions or transfer tights, if any, shall be AT SELLERS DISCREATION
d 20% OF P M A PRICE V1 SIJ 00 JARNES1 MONEY DEPOSIT) , the balance of the purchase price in cash at closing.
4. COaITIONS: (State N/A in each blank of paragraph 4(s) and 4(b) that is not a condition to this contract.)
& The Buyer must be able to obtain a firm commitment on or before JULY 15 , 2001 effective through the date of closing for a CONSTRUCTION
loan in the principal amount of CURRENT MARKET RATE, FOR A SINGLE FAMILY HOME for a term of 0 30 year(s), at an interest rate not
to exceed 7.5% per annum, with mortgage loan discount point not to exceed -2- of the loan amount. Buyer agrees to use his best efforts to secure
such commitment and to advise Seller immediately upon receipt of the lenders decision. If Seller is to pay any loan closing costs; those costs are
as follows PERBAETER SURVEY OF 10 ACRES.
b. The Buyer must be able to assume the unpaid balance of the existing loan described in paragraph 3(b) above for the remainder of the loan term,
at an interest rate not to exceed N/A per annum fixed (or describe type of loan) N/A with mortgage loan assumption and/or discount points not to
exceed NIA of the loan balance. (See Standard Provision No. 2). If such assumption requires the lender's approval, approval must be granted on or
before . Buyer agrees to use his best efforts to secure such approval and to advise Seiler immediately upon his receipt of the lender's decision. If
Seller is to pay any loan assumption costs, those costs are as follows: NIA
e. There must be no restriction, casement, zoning or other government regulation that would prevent the reasonable use of the real property for
RESIDENTIAL AND AGRICULTURAL purposes. .
5,, ASSESSIIIEFTL'S: Seller warrants that there are no special assessments, either pending or confirmed, for sidewalk, paving, water, sewer or
other improvements on or adjoining the Property, except as follows; NONE (Insert "None" or the identification of such assessments, if any. The
agreement for payment or proration of any assessments indicated is to be set forth in Paragraph 5 below.)
6 OM1rR PROVISION AND CONDITIONS: All of the Standard Provisions on the REVERSE SIDE HEREOF are understood and shall apply
to this insturment, except tine following numbered Standard Provision shall be deleted: (if none are to be deleted, state "None")
IF THERE ARE ANY ADDENDA TO THIS CONTRACT, INDICATE AND ATTACH HERETO. #2, 8, 9, 11, (B)SEE ATTACHED
ADDENDUM
7. CLOSING: All parties agree to execute any and all documents and papers necessary in connection with closing and transfer of title on or before
JULY 25,2001 at a place designated byBUYER. The deed is to be made to BUYER OR ASSIGNEE
& POSSESSION: Possession shall be delivered AT CLOSING In the event that Buyer has agreed that possession is not delivered at closing, then
Seller agrees to pay to Buyer the sum of 4)- per day from and including the date of closing to and including the date that possession is to be
delivered as above set forth.
9 COUNTEBLARTS: This offer shall becotme a binding contract when signed by both Buyer and Seller. It is to be signed in -4- counterparts
with a signed counterpart being retained by each party hereto and the escrow agent, if any.
DDat of r: 1 - of
Bever: --- n Seller.
' X ( .a SEAL)
Set
(SEAL) 5 ?-)
I hereby acknowledge receipt of the earnest money herein set forth and agfee hold and disburse the a in accordance with the terms hereof.
fig, , 20 Film SMOKY MOi nJ t'AM REAM REALTY CO. $y SMR rt
BUYERS AGENT
X SELLERS (SUB) AGENT
DUAL AGENT
NAM of Selling Ago /_Firm: RANDY GRAVES/SMOKY MOUNTAINS REALTY ACTING AS
BUYERS AGENT
X SELLERS (SUB) AGENT
DUAL, AGENT
Nam of Listing „__ t / Ftrin: RANDY cRAt'ec?tsJlO Y MOUNTAINS REALTYACTING AS
BUYERS AGENT
X SELLERS (SUB) AGENT
DUAL AGENT
STANDARD PROVISION
L EARNEST MONEY: W THE EVENT THIS OFFER IS NOT ACCEPTED, OR
IN THE EVENT THAT ANY OF THE CONDITIONS HERETO ARE NOT
SATISFIED, OR IN THE EVENT OF A BREACH OF THIS CONTRACT BY
SELLER, THEN THE EARNEST MONEY SHALL BE RETURNED TO THE
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 THE
EARNEST 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 RETURN OR FORFEITURE OF EARNEST MONEY HELD
IN ESCROW BY A BROKER, THE BROKER IS REQUIRED BY STATE LAW
TO RETAIN SAO) EARNEST MONEY IN HIS TRUST OR ESCROW ACCOUNT
UNTIL HE HAS OBTAINED A WRITTEN RELEASE FROM THE PARTIES
CONSENTING TO ITS DISPOSITION OR UNTIL DISBURSEMENT IS
ORDERED BY A COURT OF COMPETENT JURISDICTION.
2. LOAN ASSUMED: IN THE EVENT A LOAN IS ASSUMED AS PART OF
THE PAYMENT OF THE PURCHASE PRICE, THEN ALL PAYMENTS DUE
FROM THE SELLER THEREON MUST BE CURRENT AT CLOSING, AND THE
PRINCIPAL, BALANCE ASSUMED SHALL BE COMPUTED AS OF THE DATE
OF CLOSING- THE AMOUNT SHOWN FOR THE ASSUMPTION BALANCE
AND CASH AT CLOSING SHALL BE ADJUSTED AS APPROPRIATE AT
CLOSING TO REFLECT THE FINAL COMPUTA'T'IONS. UNLESS BUYER HAS
OTHERWISE SPECIFICALLY AGREED IN WRITING, THE EXLSTINGLOAN
MUST BE ASSUMED WITHOUT EI'T'HER ACCELERATION OF THE AMOUNT
SECURED OR ANY CHANGE IN THE ORIGINAL TERMS OF THE NOTE AND
DEED OF TRUST'. BUYER SHALL, BE RESPONSIBLE FOR ALL LOAN COST.
SELLER SHALL HAVE NO OBLIGATION TO PAY ANY LOAN COST UNLESS
SPECIFICALLY SET FORTH IN THIS CONTRACT. THE ESCROW ACCOUNT,
IF ANY SHALL BE PURCHASED BY THE BUYER
3. PROMISSORY NOTE AND DEED OF TRUST: IN THE EVENT A
PROMISSORY NOTE SECURED BY A DEED OF TRUST IS GIVEN BY THE
BUYER TO -,HE SELLER AS PART OF THE PAYMENT OF THE PURCHASE
PRICE, THE PROMISSORY NOTE AND DEED OF TRUST SHALL BE IN THE
FORM OF AND CONTAIN THE PROVISIONS OF THE CURRENT APPROVED
N. C. BAR ASSOCIATION FORMS 4 AND 5, AS MODIFIED IN PARAGRAPH
3(c) ON THE REVERSE SIDE HEREOF.
4. PRORATIONS AND ADJUSTMENTS: UNLESS OTHERWISE PROVIDED,
THE FOLLOWING ITEMS SHALL BE PRORATED AND ETHER ADJUSTED
BETWEEN THE PARTIES OR PAID AT CLOSING.
(a) AD VALOREM TAXES ON REAL PROPERTY SHALL BE PRORATED ON
A CALENDAR YEAR BASIS TO THE DATE OF CLOSING.
(b) AD VALOREM TAXES ON PERSONAL PROPERTY FOR THE ENTIRE
YEAR SHALL BE PAID BY THE SELLER;
(c) ALL LATE LISTING PENALTIES, IF ANY, SHALL BE PAID BY SELLER;
(d) RENTS, IF ANY, FOR THE PROPERTY SHALL, BE PRORATED TO THE
DATE OF CLOSING;
(e) ACCRUED, BUT UNPAID INTEREST AND OTHER CHARGES TO
SELLER, IF ANY, SHALL BE COMPUTED TO THE DATE OF CLOSING AND
PAID BY SE1,LER. INTEREST AND OTHER CHARGES PREPAID BY SELLER
SHALT, BE CREDITED TO SELLER AT CLOSING AND PAID BY BUYER.
(OTHER CHARGES MAY INCLUDE F.H.A.MORTAGE INSURANCE
PREMIUMS, PRIVATE MORTGAGE INSURANCE PREMIUMS AND
HOMEOWNER'S ASSOCIATION DUES.)
5. FIRE AND OTIHER CASUALTY: THE RISK OF LOSS OR DAMAGE BY
FIRE OR OTHER CASUALTY PRIOR TO CLOSING SHALL BE UPON SELLER
6. CONDfflONS: (a) THE PROPERTYMUST BE IN SUBSTANTIALLY THE
SAME CONDITION AT CLOSING AS ON THE DATE OF THIS OFFER,
REASONABLE WEAR AND TEAR EXCEPTED.
b) ALL DEEDS OF TRUST, LIENS AND OTHER CHARGES AGAINST THE
PROPERTY, NOT ASSUMED BY BUYER, MUST BE PAID AND CANCELED BY
SELLER PRIOR TO OR AT CLOSING.
(c) TITLE MUST BE DELIVERED AT CLOSING BY GENERAL WARRANTY
DEED AND MUST BE FEE SIMPLE MARKETABLE TITLE, FREE OF ALL
ENCUMBRANCES EXCEPT AD VALOREM TAXES FOR THE CURRENT
YEAR (PRORATED TO THE DATE OF CLOSING), UTILITY EASEMENTS
AND U`VIOLATED RESTRICTIVE COVENANTS THAT DO NOT
MATERIALLY AFFECT THE VALUE OF THE PROPERTY AND SUCH OTHER
ENCUMBRANCES AS MAY BE ASSUMED OR SPECIFICALLY APPROVED
BY BUYER. TttE PROPERTY MUST HAVE LEGAL ACCESS TO A PUBLIC
RIGHT OF WAY.
7, NEW LOAN: BUYER SHALL BE RESPONSIBLE FOR ALL COST WITH
RESPECT TO ANY NEW LOAN OBTAINED BY BUYER SELLER SHALL
HAVE, NO OBLIGATION TO PAY ANY DISCOUNT FEE OR OTHER CHARGE
IN CONNECTION THEREWITH UNLESS SET FORTH IN THIS CONTRACT.
8. INSPECTIONS: UNLESS OTHERWISE STATED HEREIN: (I) THE
ELECTRICAL, PLUMBING, HEATING AND COOLING SYSTEMS AND BUILT-
IN APPLIANCES, IF ANY SHALL BE IN GOOD WORKING ORDER AT
CLOSING; (ii) THE ROOF, GUTTERS, STRUCTURAL COMPONENTS,
FOUNDATION, FIREPLACE(s) SHALL BE PERFORMING THE FUNCTION
FOR WHICii INTENDED AND SHALL NOT BE IN NEED OF IMMEDIATE
REPAIR; (iii) THERE SHALL BE NO UNUSUAL DRAINAGE CONDITIONS
OR EVIDENCE OF EXCESSIVE MOISTURE ADVERSELY AFFECTING THE
STRUCTURE(S) .AAII?(iv)T3NF i1fEi;i.WYit'! ER AND SEPTIC/SEWER
lvC,ro AC Fti.' AlIV Cli Ar 1 QL' Arwr T,."c %r^v N 1I cndly mj%AvnlATc
ANY REPAIRS TO BE COMPLETED BY CLOSING. IF ANY REPAIRS ARE
NECESSARY, SELLER SHALL HAVE THE OPTION OF (A) COMPLETING
THEM, (B) PROVIDING FOR THEIR COMPLETION, OR (C) REFUSING TO
COMPLETE THEM. IF SELLER ELECTS NOT TO COMPLETE. OR PROVIDE
FOR THE COMPLETION OF THE REPAIRS, THEN BUYER SHALL HAVE
THE OPTION OF (d) ACCEPTING THE PROPERTY IN ITS PRESENT
CONDITION, OR (e) TERMINATING THIS CONTRACT, IN WHICH CASE THE
EARNEST MONEY SHALL BE REFUNDED. CLOSING SHALL CONSTITUTE
ACCEPTANCE OF EACH OF THE SYSTEMS. ITEMS AND CONDITIONS
LISTED IN (1), (ii), (iii), AND (iv) ABOVE IN ITS THEN EXISTING
CONDITION UNLESS PROVISION IS OTHERWISE MADE IN WRITING.
IF BUYER OffTAV4S A VETERANS ADMINISTRATION (VA) LOAN,
SELLER SHALL PAY THE COST OF ANY WELLAWATER AND
SEMTC/SEWER SYSTEM WSPECTION,
RECOMMENDATION: BUYER SHOULD HAVE ANY INSPECTIONS MADE
PRIOR TO INCURRING EXPENSES FOR CLOSING.
!. WOOD-DESTROYING BVSECT& UNLESS OTHMWISE STATED
HEREIN BUYER SHALL HAVE THE OPTION OF OBTAINING, AT BUYER'S
EXPENSE, A REPORT FROM A LICENSED PEST CONTROL. OPERATOR
ON A STANDARD FORM IN ACCORDANCE WITH THE REGULATIONS OF
THE NORTH CAROLINA STRUCTURAL PEST CONTROL COMMITTEE,
STATING THAT THERE WAS NO VISIBLE EVIDENCE OF WOOD-
DESTROYING INSECTS AND CONTAINING NO INDICATION OF VISIBLE
DAMAGE THEREFROM. THE REPORT MUST BE OBTAINED IN
SUFFICIENTTIME BEFORE CLOSING SO AS TO PERMIT TREATMENT, IF
ANY, AND REPAIRS, IF ANY, TO BE COMPLETED PRIOR TO CLOSING.
ALL TREATMENT REQUIRED SHALL BE PAID FOR BY SELLER AND
COMPLETED PRIOR TO CLOSING, UNLESS OTHERWISE AGREED UPON
IN WRITING BY THE PARTIES. IF ANY STRUCTURAL REPAIRS ARE
NECESSARY. SELLER SHALL THE OPTION OF (a) COMPLETING THEM, (b)
PROVIDING FOR THEIR COMPLETION, OR (c) REFUSING TO COMPLETE
THEM. IF SELLER ELECTS NOT TO COMPLETE OR PROVIDE FOR THE
COMPLETION OF STRUCTURAL REPAIRS, THEN BUYER SHALL HAVE
THE OPTION OF (d) ACCEPTING THE PROPERTY IN ITS PRESENT
CONDITION, OR (c) TERMINATING THIS CONTRACT, IN WHICH CASE THE
EARNEST MONEY SHALL BE REFUNDED. THE BUYER IS ADVISED THAT
THE MPECTKON AND REPORT DESCRIBED IN TNLS PARAGRAPH MAY
NOT ALWAYS REVEAL EAR STRUCTURAL DAMAGE OR DAMAGE
CAUSED BY AGENTS ORGANZMS, QIHER THAN XOOD-DESTROYINO
INSECTS . IF NEW CONSTRUCTION, SELLER SHALL PROVIDE A NEW
CONSTRUCTION TERMITE GUARANTEE.
IF BUYER OBTAINS A VETERANS ADMINISTRATION (VA) LOAN, SELLER
SHALL PAY THE COST IOF THE WOOD-DESTROYING INSECT REPORT.
18. LABOR AND MATERL41: SELLER SHALL FURNISH AT CLOSING
AN AFFIDAVIT AND INDEMNIFICATION AGREEMENT IN FORM
SATISFACTORY TO BUYER SHOWING THAT ALL LABOR AND
MATERIALS, IF ANY, FURNISHED TO THE PROPERTY WITHIN )20 DAYS
PRIOR TO THE DATE OF CLOSING HAVE BEEN PAID FOR AND AGREEING
TO ADEMNIFY BUYER AGAINST ALL LOSS FROM ANY CAUSE OR CLAIM
ARISING THEREFROM.
11. FUEL: BUYER AGREES TO PURCHASE FROM SELLER THE FUEL, IF
ANY, SITUATED IN A TANK ON THE PROPERTY AT THE PREVAILING
RATE, WITH THE COST OF MEASUREMENT THEREOF, IF ANY, BEIiNG
PAID BY SELLER.
12. CLOSING EXPENSE: SELLER SHALL PAY FOR THE PREPARATION
OF A DEED AND FOR THE EXCISE TAX (REVENUE STAMPS) REQUIRED
BY LAW. BUYER SHALL PAY FOR RECORDING THE DEED AND FOR
PREPARATION AND RECORDING OF ALL INSTRUMENTS REQUIRED TO
SECURE THE BALANCE OF THE PURCHASE PRICE UNPAID AT CLOSING.
13. EVIDENCE OF TITLE: SELLER AGREES TO USE HIS BEST EFFORTS
TO DELIVER TO BUYER AS SOON AS REASONABLY POSSIBLE AFTER
THE ACCEPTANCE OF THIS OFFER, COPIES OF ALL TITLE INFORMATION
IN POSSESSION OF OR AVAILABLE TO SELLER, INCLUDING BUT NOT
LIMITED TO: TITLE INSURANCE POLICIES, ATTORNEY'S OPINIONS ON
TITLE, SURVEYS, COVENANTS, DEEDS, NOTES AND DEEDS OF TRUST
AND EASEMENTS RELATING TO THE PROPERTY.
14. ASSIGNMENTS: THIS CONTRACT MAY NOT BE ASSIGNED WITHOUT"
THE WRITTEN AGREEMENT OF ALL PARTIES, BUT IF ASSIGNED BY
AGREEMENT, THEN THIS CONTRACT SHALL BE BINDING ON THE
ASSIGNEE AND HIS HEIRS AND SUCCESSORS.
IS. PARTIES: THIS CONTRACT SHALL BE BINDING UPON AND SHALL
INSURE TO THE BENEFIT OF THE PARTIES 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.
16. STIRVIVAL: IF ANY PROVISION HEREIN CONTAINED WHICH BY ITS
NATURE AND EFFECT IS REQUIRED TO BE OBSERVED, KEPT OR
PERFORMED AFTER THE CLOSING, IT SHALL SURVIVE THE CLOSING
AND REMAIN BINDING UPON AND FOR THE BENEFIT OF THE PARTIES
HERETO UNTIL FULLY OBSERVED, KEPT OR PERFORMED.
17. ENTIRE AGREEMENT: BUYER ACKNOWLEDGES THAT HE HAS
INSPECTED THE PROPERTY. THIS CONTRACT CONTAINS THE ENTIRE
AGREEMENT OF THE PISRTIESAND jUa2i„44E-N9jtLPXESENTATI0N,
114DUCEMENTS OR OTHER PROVISIONS OTHER THAN THOSE EXPRESSED
IN WRITING. ALL CHANGES, ADDITIONS OR DELETIONS HERETO MUST
TfIE.PAYMENT OF THE PURCHASE PRICE, THEN ALL PAYMENTS DUE
FROM THE- SELLER THEREON MUST BE CURRENT AT CLOSING. AND THE
PRINCIPAL BALANCE ASSUMED S14ALL BE COMPUTED AS OF'THE DATE
OF CLOSING. THE AMOUNT SHOWN FOR THE ASSUMPTION BALANCE
AND CASH AT CLOSING SHALL BE ADJUSTED AS APPROPRIATE AT
CLOSING TO REFLECT THE FINAL COMPUTATIONS- UNLESS BUYER HAS
OTHERWISE SPECIFICALLY AGREED IN WRITING. THE EXISTING LOAN
MUST BE ASSUMED WITHOUT EITHER ACCELERATION OF THE AMOUNT
SECURED OR ANY CHANGE IN THE ORIGINAL TERMS OF THE NOTE AND
DEED OF TRUST. BUYER SHALL BE RESPONSIBLE FOR ALL LOAN COST.
SELLER SHALL HAVE NO OBLIGATION TO PAY ANY LOAN COST UNLESS
SPECIFICALLY SET FORTH IN THIS CONTRACT. THE ESCROW ACCOUNT,
IF ANY SHALL BE PURCHASED BY THE BUYER.
3. PROMISSORY NOTE AND DEED OF TRYST: IN THE EVENT A
PROMISSORY NOTE SECURED BY A DEED OF TRUST IS GIVEN BY THE
BUYER TO THE SELLER AS PART OF THE PAYMENT OF THE PURCHASE
PRICE, THE PROMISSORY NOTE AND DEED OF TRUST SHALL BE IN THE
FORM OF AND CONTAIN THE PROVISIONS OF THE CURRENT APPROVED
N. C. BAR ASSOCIATION FORMS 4 AND 5, AS MODIFIED IN PARAGRAPH
3(c) ON THE REVERSE SIDE HEREOF.
4. PRORATIONS AND ADJUSTMENTS: UNLESS OTHERWISE PROVIDED,
THE FOLLOWING ITEMS SHALL BE PRORATED AND ETHER ADJUSTED
BETWEEN THE PARTIES OR PAID AT CLOSING.
(a) AD VALOREM TAXES ON REAL PROPERTY SHALL BE PRORATED ON
A CALENDAR YEAR BASIS TO THE DATE OF CLOSING.
(b) AD VALOREM TAXES ON PERSONAL PROPERTY FOR THE ENTIRE
YEAR SHALL BE PAID BY THE SELLER;
(c) ALL LATE LISTING PENALTIES, IF ANY, SHALL BE PAID BY SELLER;
(d) RENTS, IF ANY, FOR THE PROPERTY SHALL BE PRORATED TO THE
DATE OF CLOSING;
(e) ACCRUED, BUT UNPAID INTEREST AND OTHER CHARGES TO
SELLER, IF ANY, SHALL BE COMPUTED TO THE DATE OF CLOSING AND
PAID BY SELLER. INTEREST AND OTHER CHARGES PREPAID BY SELLER
SHALL BE CREDITED TO SELLER AT CLOSING AND PAID BY BUYER.
(OTHER CHARGES MAY INCLUDE F.H.A.MORTAGE INSURANCE
PREMIUMS, PRIVATE MORTGAGE INSURANCE PREMIUMS AND
HOMEOWNER'S ASSOCIATION DUES.)
S. FIRE AND OTHER CASUALTY: THE RISK OF LOSS OR DAMAGE BY
FIRE OR OTHER CASUALTY PRIOR TO CLOSING SHALL BE UPON SELLER.
6. CONDITKNIS: (a) THE PROPERTY MUST BE IN SUBSTANTIALLY THE
SAME CONDITION AT CLOSING AS ON THE DATE OF THIS OFFER,
REASONABLE WEAR AND TEAR EXCEPTED.
b) ALL DEEDS OF TRUST, LIENS AND OTHER CHARGES AGAINST THE
PROPERTY, NOT ASSUMED BY BUYER, MUST BE PAID AND CANCELED BY
SELLER PRIOR TO OR AT CLOSING.
(c) TITLE MUST BE DELIVERED AT CLOSING BY GENERAL WARRANTY
DEED AND MUST BE FEE SIMPLE MARKETABLE TITLE, FREE OF ALL
ENCUMBRANCES EXCEPT AD VALOREM TAXES FOR THE CURRENT
YEAR (PRORATED TO THE DATE OF CLOSING), UTILITY EASEMENTS
AND UNVIOLATED RESTRICTIVE COVENANTS THAT DO NOT
MATERIALLY AFFECT THE VALUE OF THE PROPERTY AND SUCH OTHER
ENCUMBRANCES AS MAY BE ASSUMED OR SPECIFICALLY APPROVED
BY BUYER. THE PROPERTY MUST HAVE LEGAL ACCESS TO A PUBLIC
RIGHT OF WAY.
7. NEW LOAN: BUYER SHALL BE RESPONSIBLE FOR ALL COST WITH
RESPECT TO ANY NEW LOAN OBTAINED BY BUYER. SELLER SHALL
HAVE NO OBLIGATION TO PAY ANY DISCOUNT FEE OR OTHER CHARGE
IN CONNECTION THEREWITH UNLESS SET FORTH IN THIS CONTRACT.
S, INSPECTIONS: UNLESS OTHERWISE STATED HEREIN: (1) THE
ELECTRICAL, PLUMBING, HEATING AND COOLING SYSTEMS AND BUILT-
IN APPLIANCES, IF ANY SHALL BE IN GOOD WORKING ORDER AT
CLOSING; (ii) THE ROOF, GUTTERS, STRUCTURAL COMPONENTS,
FOUNDATION, FIREPLACE(s) SHALL BE PERFORMING THE FUNCTION
FOR WHICH INTENDED AND SHALL NOT BE IN NEED OF IMMEDIATE
REPAIR; (iii) THERE SHALL BE NO UNUSUAL DRAINAGE CONDITIONS
OR. EVIDENCE OF EXCESSIVE MOISTURE ADVERSELY AFFECTING THE
STRUCTURE s ; ,ANMLv)TNE WrA LAVA4ER'AN9SRP71C1S>rWER
SYS7? ' SHALL BE ADEQUATE, NOT IN NEED OF IMMEDIATE
REPAIR AND PERFORMING THE FUNCTION FOR WHICH INTENDED.
BUYER SHALL HAVE THE OPTION TO HAVE THE ABOVE LISTED
SYSTEMS, ITEMS AND CONDITIONS INSPECTED BY A REPUTABLE
INSPECTOR OR CONTRACTOR, AT BUYER'S EXPENSE(UNLESS
OTHERWISE PROVIDED IN THIS CONTRACT), BUT SUCH INSPECTIONS
MUST BE COMPLETED IN SUFFICIENT TIME BEFORE CLOSING TO
PERMIT
hAFLSIN-Nt, A KCYUM mum A .{.Lil.mmarU ma i --%jid i muk, l0rc"fk- 1 -1
ON A STANDARD FORM IN ACCORDANCE WITH THE REGULATIONS OF
THE NORTH CAROLINA STRUCTURAL PEST CONTROL COMMITTEE,
STATING THAT THERE WAS NO VISIBLE EVIDENCE OF WOOD-
DESTROYING INSECTS AND CONTAINING NO INDICATION OF VISIBLE
DAMAGE THEREFROM. THE REPORT MUST BE OBTAINED IN
SUFFICIENT TIME BEFORE CLOSING SO AS TO PERMIT TREATMENT IF
ANY, AND REPAIRS, IF ANY, TO BE COMPLETED PRIOR TO CLOSING.
ALL TREATMENT REQUIRED SHALL BE PAID FOR BY SELLER AND
COMPLETED PRIOR TO CLOSING, UNLESS OTHERWISE AGREED UPON
IN WRITING BY THE PARTIES. IF ANY STRUCTURAL REPAIRS ARE
NECESSARY. SELLER SHALL THE OPTION OF (a) COMPLE'T'ING THEM, (b)
PROVIDING FOR THEIR COMPLETION. OR (c) REFUSING TO COMPLETE
THEM. IF SELLER ELECTS NOT TO COMPLETE OR PROVIDE FOR THE
COMPLETION OF STRUCTURAL REPAIRS, THEN BUYER SHALT. HAVE
THE OPTION OF (d) ACCEPTING THE PROPERTY IN ITS PRESENT
CONDITION, OR (e) TERMINATING THIS CONTRACT, IN WHICH CASE THE
EARNEST MONEY SHALL BE REFUNDED. THE BUXER IS ADVISED THAT
T INSPECTION AND REPORT DESCRIBED IN TNT, PARAGRAPH MAY
xrrr AI WAYS REVEAL EITHER STRUCTURAL DAMAGE QRR DAMAGE
CAUSED B Y AGENTS OR ORGANISM;? OTHER TH„A-N-WOOD-DESTROYING
%TM. IF NEW CONSTRUCTION, SELLER SHALL PROVIDE A NEW
CONSTRUCTION TERMITE GUARANTEE.
IF BUYER OBTAINS A VETERANS ADMINISTRATION (VA) JOAN, SELLER
SHALL PAY THE COST IOF THE WOOD-DESTROYING INSECT REPORT
16. LABOR AND MATERIAL: SELLER SHALL FURNISH AT CLOSING
AN AFFIDAVIT AND INDEMNIFICATION AGREEMENT IN FORM
SATISFACTORY TO BUYER SHOWING THAT ALL LABOR AND
MATERIALS, IF ANY, FURNISHED TO THE PROPERTY WITHIN 120 DAYS
PRIOR TO THE DATE OF CLOSING HAVE BEEN PAID FOR AND AGREEING
TO ADEMNIFY BUYER AGAINS'T' ALL LOSS FROM ANY CAUSE OR CLAIM
ARISING THEREFROM.
11. FUEL: BUYER AGREES TO PURCHASE FROM SELLER THE FUEL, IF
ANY, SITUATED IN A TANK ON THE PROPERTY AT THE PREVAILING
RATE, WITH THE COST OF MEASUREMENT THEREOF, IF ANY. BEING
PAID BY SELLER.
12. CLOSING EXPENSE: SELLER SHALT. PAY FOR THE PREPARATION
OF A DEED AND FOR THE EXCISE TAX (REVENUE STAMPS) REQUIRED
BY LAW. BUYER SHALL PAY FOR RECORDING THE DEED AND FOR
PREPARATION AND RECORDING OF ALL INSTRUMENTS REQUIRED TO
SECURE THE BALANCE OF THE PURCHASE PRICE UNPAID AT CLOSING.
13. EVIDENCE OF TITLE: SELLER AGREES TO USE HIS BEST EFFORTS
TO DELIVER TO BUYER AS SOON AS REASONABLY POSSIBLE AFTER
THE ACCEPTANCE OF THIS OFFER, COPIES OF ALL TITLE INFORMATION
IN POSSESSION OF OR AVAILABLE TO SELLER, INCLUDING BUT 40T
LIMITED TO: TITLE INSURANCE POLICIES, ATTORNEY'S OPINIONS ON
TITLE, SURVEYS, COVENANTS, DEEDS, NOTES AND DEEDS OF TRUST
AND EASEMENTS RELATING TO THE PROPERTY.
14. ASSIGNMENTS: THIS CONTRACT MAY NOT BE ASSIGNED WITHOC.T
THE WRITTEN AGREEMENT OF ALL PARTIES, BUT IF ASSIGNED BY
AGREEMENT, THEN THIS CONTRACT SHALL BE BINDING ON THE
ASSIGNEE AND HIS HEIRS AND SUCCESSORS.
15. PARTIES: THIS CONTRACT SHALL BE BINDING UPON AND SHALL.
INSURE TO THE BENEFIT OF THE PARTIES AND THEIR HEIRS.
SUCCESSORS AND ASSIGNS. AS USED HEREIN, WORDS IN THE SINGULAR
INCLUDE THE PLURAL AND
THE MASCULINE INCLUDES THE FEMR41NE AND NEUTER GENDERS, AS
APPROPRIATE.
16. SURVIVAL: IF ANY PROVISION HEREIN CONTAINED WHICH BY ITS
NATURE AND EFFECT IS REQUIRED TO BE OBSERVED, KEPT OR
PERFORMED AFTER THE CLOSING, IT SHALI. SURVIVE THE CLOSING
AND REMAIN BINDING UPON AND FOR THE BENEFIT OF THE PARTIES
HERETO UNTIL FULLY OBSERVED, KEPT OR PERFORMED.
17. ENTIRE AGREEMENT: BUYER ACKNOWLEDGES THAT HE HAS
INSPECTED THE PROPERTY. THIS CONTRACT CONTAINS THE ENTIRE
AGREEMENT OF THE PARTIES ANO'L lERE eRr.. NQ AI3PAESETF-1 *Tt0N
WDUCEMENTS OR OTHER PROVISIONS OTHER THAN THOSE EXPRESSED
IN WRITING. 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 AS CONTAINED IN ANY LISTING CONTRACT OR.
OTHER AGREEMENT BETWEEN THEM.
ADDITIONAL PR033SIQNS ADUEV_kM
NOTE: All of the following provisions which are marked with an "X" shall apply to the attached Offer to Purchase and
Contract. Those provisions marked "N/A" shall not apply.
1. N/A EXPIRATION OF OFFER: This offer shall expire unless acceptance is delivered to Buyer or to on or before
May 28, 2001/ 6.Mo'clock [' AM ® PM, on , or until withdrawn by the Buyer, whichever occurs first.
2. X INTEREST BEARING TRUST ACCOUNT: Any earnest monies deposited by Buyer may be placed in the
interest hearing trust account of the escrow agent named in the Offer to Purchase and Contract. Any interest earned
thereon shall belong to the escrow agent in consideration of the expenses incurred by maintaining such account and
records associated therewith.
3. X SEPTIC SYSTEM IMPROVEMENT PERMIT: this contract is contingent upon Buyer obtaining an Improvement
Permit from the County Health Department for a conventional ground absorption sewage system for a 3 bedroom home or
N/A. All cost and expenses of obtaining such Permit shall borne by the Buyer. Buyer shall obtain such Permit or waive this.
condition in writing on or before midnight of (day before closing). If a ground absorption sewage system is not permitted, at
the option of the Buyer, this contract may be terminated and all earnest monies shall be refunded to Buyer.
4. N/A FLOOD HAZARD ZONE: buyer has been advised that the property is located in an area which the Secretary of
HUD has found to have special flood hazards and that it will be necessary to purchase flood insurance in order to obtain any
loan secured by the property from any federally regulated institution or loan insured or guaranteed by an agency of the J.S.
Government.
5. X APPRAISAL: The property must appraise at a value equal to or exceeding the purchase price or, at the option of the
Buyer, this contract may be terminated and all earnest monies shall be refunded to Buyer. In the event this contract is not
subject to a financing contingency requiring an appraisal, Buyer shall arrange to have the appraisal o wnpleted no later than
midnight of (day before closing). In any event, the cost of the appraisal shall be borne by the Buyer.
(i. N/A CLOSING OF EXISTING CONTRACT CONTINGENCY: This contract is contingent upon closing of an
existing contract on the Buyer's real property located at: , on or before if this contingency is not removed before
midnight of , Seiler may terminate this contract and all earnest monies shall be returned to Buyer.
7. X SURVEYS AND EASEMENTS: Seller shall be responsible for providing a current boundary survey of the property,
prior to closing. Buyer shall grant to Seller an easement, or equal land swap, should it be needed, for a Septic System, w may
be required by the Buncombe Co, Health Department, should Seller regain possession of the existing House at 235 Garrett
Cove Rd. (which the Seller holds a First Mortgage on). NOTE: Should easement or exchange take place, it shall not interfere
with Buyers use of existing Barn.
8. X RETRICTIONS OF RECORD: Buyer ur ands there are restrictions on record, and that the road to the property is
a shared Right-0f-Way.
9.X PROPERTY RELEASES AND SUBORDINATION: Seller shall if required by lender, Release and Subordinate, upon
approval of site and additional loan payment of S 10,000.00 per acre, such land as required for a Construction Loan.
10,X LIFE ESTATE NOTICE: It is agreed between Buyer and Seller, that if so requested, Seller (Reeves E. Suttles) shall be
given a Personal Life Estate on a portion of said property (not to exceed %: acre) and location of said portion, to be agreed on
when surveyed, but shall not cross existing creek. There shall be no permanent buildings, and not more than (one) long term
camper permitted an property.
THIS PROVISIONAL ADDENDUM WAS PREPARED BY: REEVES E. SUTTEES A?agk.
IN THE EVENT OF A CONFLICTBETWEEN THIS ADDENDUM AND THE OFFER TO PURCHASE AND
CONTRA S A DE IJM SHALL CONTRO .
Buyer: ° ?B. (seal) Date r
Bayer: _($tat) Date:
,comes -i
Seller: (seat) Date:
Seller: (seal) Date:
County of
Buncombe
ww"ww?
PLANNING AND DEVELOPMENT
Jon E. Creighton 46 Valley Street Telephone 828-250-4830
Director/Assistant County Manager Asheville, NC 28801 Fax 828-258-6428
E911 STREET ADDRESSING
July 23, 2001
Stephanie Armstrong
235 Garret Cove Rd
Leicester, NC 28748
Diane Lankford 828-2S0-4841
Carolyn Searberry 828-2S0-4846
Shellie Thompson 828-250-4847
The Buncombe County E911 Emergency Service in an effort to improve the Emergency Service (Fire,
Ambulance and Police) and mail delivery to your residence or business, has adopted a Countywide
House Numbering Program. Each structure will be assigned an address in accordance with this plan.
THE NEW ADDRESS ASSIGNED TO YOUR HOUSE OR BUSINESS IS:
40 Shook Cove Rd, Leicester, NC 28748
The above address is your "location" address for the purpose of assisting fire, police and
emergency medical service personnel to locate your home or business. It will also assist delivery
people or visitors to locate your home or business and will be used by the Postal Service to deliver your
mail.
Sixty stays from the receipt of this notice you should begin using the above address and notify your
correspondents to also begin using your newly assigned address. Change of address kits may be
obtained from your Mail Carrier or local Post Office. On newly named roads, residents should begin
using the assigned street address after your street sigh has been erected.
In order to assist emergency vehicles and/or others to locate your house, you are requested to
place your new number in an area which would be visible from the road, either on your house or
at the end of your drive.
Thank you for your cooperation.
Sincerely,
Shellie Thompson
E911 Street Addressing
To Whom It .May Concern-,
I Stephanie Armstrong do here by ivy
Robin Shook permission to s n any and
a1 legal paper orki*n y gad in the
process of purchsl'ng said prorerties and.
all ft entails, until wh ch time I can be
there to sign for myself.
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/ ~ STATE OF NORTH CAROLINA COUNTY OF BUN EIP, N0. ~ REBAR~ ~ OF BUNCOMBE PRESENTED FOR REGISTRATION AND REGARDED IN I, DAVID E SUMMEY, PROFESSIONAL LAND SURVEYOR, CERTIFY THAT ~quuur THAT THIS CA
THIS OFFICE IN P.B. PG. THIS DAY MAP WAS DRAWN FROM AN ACTUAL FIELD SURVEY PERFORMED ' UNDER MY DIRECTION AND SUPERVIS ~r'''%
/ I, REVIEW OFFICER OF BUNC~ABE C0 S ar-Ot'-3i" W CERTIFY 1HAT THE MAP OR PLAT TO WHICH THIS CERTIFlC 5Zet' IS AFFIXED MEETS ALL STATUTORY REQUIREA~ENTS Fit REC OF , 2001, AT 0 CLOCK. ION, THAT THE RATIO OF PRECISION , o, F 1 y NCOMBE COUNTY ; IS 1. 10,000 AND THAT THIS MAP CONFORMS TO GS 47-30 AS AMEND 9 ;
S CERTIFICATION GISTER OF DEEDS RE
tS FOR RECORDING. = WITNESS MY HAND AND SEAL THIS 10th DAY OF JULY, 2001
EIP, N0. 5 REBAR . DEPUTY o '•~O
PROFESSIONAL LAND SURVEYOR L-2999 1
~ ~ DATE REVIEW OFFICER '~~rrrrnngN~~``
E[P. N0. 5 REBAR
AT 8" HICKORY 8 52 ' r
P.B. 60 FG. 7 67 \ ~6°~y19'6 ~ THIS SURVEY CREATES A SUBDIVISION
~ LAND LOCATED IN A PORTION OF
~ ~ THE COUNTY THAT IS REGULATED
REEVES E. SUTTEES \ ~ . ~sEawu~ ~ - AS TO AN OROI NANCE WHICH REGULATES
D.B. f66B PC. 663 TRACT T110 ~R - . PARCELS OF LAND.
9~-
BRONIE RAMSEY ' ~ . ~ X60.93
D.B. 1668 PG. 648 TRACT T1I0 -ti _ _ _ _ Ex t emp from Buncombe County
v ~ ~ ~ Land Develo ment and ~awuvtNC naenrav a~ p
DAVID E. SUM~IlEY ,,~~~~~prt~ ~ Subdivision Ordinance.
D.B. f 668 PG. 648 i RONIE RA11lSEY B
S E. SUTTLES REEVE EIP, N0. 5 REBAR
DAVID E. SUMMEY ~ \ . D.B. 1668 PC. 648 TRACT ONE
D.B. 1795 PG. 8B ~ ' ' ~ D.B, 1668 PG. 653 TRACT ONE DATE JAMES H. COMAN
P,B, 58 PG. 119 Zoning Administrator
EMERY WALLIN `
D.B. 1668 PC. 646 C ' ' • , m ~
+ 1 N / ~
' / ~ ~ ~ O AREA BY D.M.D.
~ ~ry~ , ~ ~ 1 9 ~ M;' 9/
,r O THIS SURVEY IS SUBJECT TO ANY AND ALL ~
ry~ N \ i p 0 ~ " " n , 4~ ~ / EASEMENTS RESTRICTIONS AND RIGHTS OF i
` WAY (SHOWN AND NOT SHOWN) THAT MIGHT ~~/~6 LEGALLY
9 AFFECT THIS PROPERTY.
~ y0 ^~y ~ ~ g/ ~ ~D~
~ j 5 THE M ~ • S 0 RE AY BE UNDERGROUND LINES PIPES ~ -Qd ~ ~ ~
` ~ ANO STRUCTURES THAT ARE NOT SHOWN. ~ / ~ . ` ~ THIS IS AN ABOVE GROUND SURVEY FOR THE
to ~ BARBED WIRE FENCE / PURPOSE OF ESTABLISHING THE BOUNDARY,
~ M UT ~ ~ + AND SHOWING BUI . ,~y TO BE OVEO 4 r LDING IMPROVEMENTS THERE ON.
` OF ROAD R W. / r i ~ ti~ I ` + 0
10.304 ACRE~.~ti . RONALD DOUGLAS SHOOK SR. ~ cP ~ . / ~
` D.B. z3zo Pc. 65z ~ L E END \ ~ ~ ~ • s / +
' . ~ . PIN 8751 00 55 6997 r r r f ~ S. + + i ~ i
~ EIP, N0. 5 REBAR + i ~ EIP EX N A , , ISTI G IRON PIPE
• ~ ~ r ; '
` ~ ' ? • ~ O IPS IRON PIPE SET KING dt ~ r ~ f ~ F . ~ ~ N0. 5 REBAR W CAP
~ ,
~ 10 ADDITIONAL UTILITY EASEMENT ~ ~ ® U.P. UTILITY POLE ~ ~ ~ ~
~ EIP, N0. 5 REBAR i~ / ~ - , ~ SEE P.B. 79 PG. 33 ~ ~ ~ /
~ AT SPRINGHEAD / ' ~ ` NOTE: f ~ ~ : I . ~ ~
wES~r+r+osT coaNa+',' THERE IS RESER~D ACROSS ~j ~ Q304 ACRE OF P.B. 58 PG. 719 ~ • . ~ ~ ~ , ACRE ~ ~ ,
~ ' a~ TRACT, A 30' EASEMENT, FOR U'f~L VtCE DICE ~ ~ ,
~ . FOR THE BENEFIT OF: THE ;PROP P.B. 60 P . ~ 40 R W AND UTILITIES EASEMENT ~ ;
• ~ SEE P,B. 58 PG. 119 ~ 1~~ •
• ~ ~ ~rAtNmc snow a~ • SEE P.B. 79 PG. 33 ~ p ~ ~ , i
~ THE OWNER OF LAND , SHOWN I 'P B. 60 P 161 . ~ BRONZE RAI~SEY~ ~ /
ROBMSON COVE ROAD SHALL DETERMINE-THE:;LOCATI IN ~ , . ITY ~ ~P, • REEVES E. SUTTLES
BOYD CODE ROAD EASEMENT AT TIME;,-OF ;PLACE ~ : n~ ~ : G, , ° ~ , , ~ ~ ~ D.B. 1668 PG. 648 TRACT ONE
~ ~ ~ , ~ ~ ~ ~ / . ~ D.B. 1668 PG. 653 TRACT ONE
SUNRETT CobE R0.N 8~ SAY M~1~ R~~ , \ . '+1 c • ~ P.B. 58 PG. 119
~ ~ /9
• ~ ~ ~ ~ , ~j~J
r' . , ' S
• ~ 5 • ~ r \ r~ r
g ~ _ \ . / I
!
~ EIP, N0. 5 REBAR
PROPERtt SpE 3 R~ S. ~
6P ~ ~
~ c ` ~ 40 R W SEE P.B. 58 PG. 119
Nor ro sc~) \~iq~, `s ~ ~z, ~ 119
VICINITY bfAP _ _ ti S Ss . F ~ PG,
s~ e9. ~ ~ . P g9 g0 - on
?o• s~ 1 R .R t15 RR Gl+
~ 1J , , 5 / OAO a
PROPERTY REFERENG'E \~9'rv ~ • ZG KR 1,6 W B RtiE 22,,. a
- c BAi~ ~,1
~ _ _ ,,,.r-- I S
( BEING A PORTION OF)
D.B. 1668 PG. 648 TRACT ONE NORTH ~ ay C'3 141.6,x.. . ~ r
•-15 . - ; . Sao _ , f
D.B. 1668 PG. 653 TRACT ONE P.B. 58 O P-K All FOUND
P.B. 58 PG. 119 PG. 119 rv ~o•-so'-is . 71.37 70 -30 -28 W S END OF CULVERT - - • ~ • ANCN
71 ~ S 4T-10'-55" W gR i .3T ~3• y
RESTRICTIONS RECORDED ESP, NO.3 REBAR BETWEEN ~ 36.85' S 64'-17'-23" W :BAR BETWEEN » ry 8 N ~ ~ BRANCH +
IN D.B. 1810 PG. 703 ra°"'"°°° ~,~~ST 18 LOCUST TRIPLE BIRO S ~ ~ EIP, 0. 5 REBAR . / 58.32 EAST SIDE BRANCH s ~ .5~, ~Ae AT FENCE TURN 1. ~ • ~ ~ ~ ,-s'-='--
~ w _ . IN ~ A ~ ~
PIN 18 8751 00 55 6843 ROBERT J. BUZZARD r , . ~i-- 81p ' ~ 9• BAR s~Rtrro + 19.41 L• '4NCN''~.. 9 ~ HousE + -s-
'S ~ r .-s'-- j,0
D.B. 7656 PG. 302 S 38 ti . . r- u c ~Y .
SURVEY FOR AUTO LEAF SPRING S 38 05 16 W S~ / ~ ~ + S ~ / +
63.17 ro • r , B . ~ • 24 R/W SEE D.B. 1810 PG. 703 S EIP, N0. 5 REBAR
p 0 SEE P.B. 61 PG. 118
MILTON SHERMAN, JR. AT FENCE CORNER r
c~ ' '
Pa EIP, N0. 5 REBAR ~ + 0~ / • ~ .
T0INNSHIP ~ SANOY IrIUSH BUNCOMBE COUNTY.N.C. ~ +
~ r . / ~5~ , + Line Bearing Distance
_ ~ ~ • ~ LLOYD L. KAMINSKI' ~o r i
SCALE 1" = 50' DATE m 7-10-01
GAIL PAULICK . • / ' . L1 S 61°-11'-56" W 21.48'
IQNG & SUMMEY, PAL D. B. 2019 PG. 455 l2 N 38'-48'-08" W 11.08'
P.O. BOX 2813 PIN 8751 00 bb 5335 ......L3 N 64•-23'-55" W 28.87'
ASHEVILLE, N.C. 28802
1 PHONE 828 254-1405 p]~ \ PC* Curve Radius Chord Beorin and Distonce Arc Len th
FAX 828 254-9033
MwAld l L. 6~ 165 Cl 62.67' S 24'-14'-03" E 113.83' 142.75
0' 25' 50' 100' 150' 250'
~ I C2 71.78' S 52°-01'-43° E 87.31' .93.85'
FILE NO. 2895-55H MAP NO. F-733 ~ ~ ~ ~ C3 160.20' S 67'46'-16" E 169.66' 178.80'