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HomeMy WebLinkAbout20021159 Ver 3_Application_20160212Montalvo, Sheri A From: Steenhuis, Joanne Sent: Friday, February 12, 2016 7:38 AM To: Montalvo, Sheri A Subject: Happy Friday Sheri, You will be getting (via FED EX) an application from Alexander and Karen Corteselli for Lot 19 in Oceanaire SD. This should be a V3 of 20021159. Can you let me know when you have it in the system. You should have also gotten an application (electronically) from The Dept. of the Army to cut off pilings in Morehead City Harbor. It is a new project that is a CC. Let me know when you have that in as well. Thanks! Joanne Steenhuis Senior Environmental Specialist Wilmington Regional Office 127 Cardinal Drive Ext. Wilmington, NC 28405 Direct phone 910.796.7306 Joanne Steen huis@ncdcnrgov "E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties." LMG LAND MANAGEMENT GROUP nmc. =JW Environmental Consultants February 11, 2016 TO: Ms. Joanne Steenhuis NC DEQ Division of Water Resources 127 Cardinal Drive Extension Wilmington, NC 28405 RE: 401 WQC Application; After -the -Fact Authorization Request Oceanaire Estates; Lot 19 Pender County, NC Action ID# 2006-32259 and DWQ Project #02-1159 Dear Joanne: Enclosed is a 401 WQC application for your review. This application is submitted after -the -fact on behalf of Alexander and Karen Corteselli for wetland impacts that were needed to construct a single- family residence on Lot 19 located within the Oceanaire Estates Subdivision in Surf City, NC. To complete construction of the home, 0.018 acre of wetlands were impacted. Note that a previous developer has already paid into the EEP (now DMS) to mitigate for wetland impacts within the subdivision. Not all of these impacts have occurred. Therefore, we request that no additional mitigation for this lot be required. The Pre -Construction Notification form, associated maps, and site plan are enclosed for your review. The DWR application fee has been submitted to your Raleigh Office. Please contact me if you have any questions. Thank you for your assistance with this project. Sincerely, � 1 Kim Williams Environmental Scientist Encl. Cc: Chris Majewski, CJL Partners, Inc. Charles Riggs, Charles F. Riggs and Assoc. www.lmgroup.net • info@lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 O�0 WA 7 '9 Office Use Only: Corps action ID no. DWQ project no Form Version 13 Dec 10 2008 Page 1 of 12 PCN Form — Version 1.3 December 10, 2008 Version Pre -Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps. ®Section 404 Permit ❑Section 10 Permit 1 b Specify Nationwide Permit (NWP) number: 18 or General Permit (GP) number: 1 c Has the NWP or GP number been verified by the Corps? ® Yes ❑ No 1 d. Type(s) of approval sought from the DWQ (check all that apply): ® 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1 e Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes ® No For the record only for Corps Permit: ❑ Yes ® No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts If so, attach the acceptance letter from mitigation bank or in -lieu fee program Mitigation already completed ❑ Yes ® No 1g Is the project located in any of NC's twenty coastal counties. If yes, answer 1h below ® Yes ❑ No 1h Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ® No 2. Project Information 2a Name of project. Oceanaire Estates, Lot 19 (330 Oceanaire Lane) 2b County. Pender County 2c Nearest municipality / town: Surf City 2d. Subdivision name: Oceanaire Estates 2e NCDOT only, T.I.P. or state project no: N/A 3. Owner Information 3a. Name(s) on Recorded Deed. CJL Partners Inc 3b Deed Book and Page No. CU 49 3c. Responsible Party (for LLC if applicable) Mr. Chns Majewski 3d. Street address: 2828 Brenfield Drive 3e. City, state, zip Raleigh, NC 27606 3f. Telephone no. 3g. Fax no: 3h Email address. Page 1 of 12 PCN Form — Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) Applicant has contract to purchase property (see attached) 4a. Applicant is. ❑ Agent ® Other, specify: 4b. Name* Alexander and Karen Corteselli 4c. Business name (if applicable): 4d. Street address- 26 Crestwood Rd 4e. City, state, zip Port Washington, NY 11050 4f Telephone no.: 4g Fax no.: 4h. Email address. 5. Agent/Consultant Information (if applicable) 5a. Name Kim Williams 5b. Business name (if applicable) Land Management Group, Inc. 5c. Street address: 3805 Wrightsville Avenue, Suite 15 5d City, state, zip- Wilmington, NC 28403 5e Telephone no.: (910) 452-0001 5f Fax no: (910) 452-0060 5g. Email address: kwilliams@lmgroup net Page 2 of 12 B. Project Information and Prior Project History 1. Property Identification 1a Property identification no (tax PIN or parcel ID): 4234-04-7905-0000 1 b. Site coordinates (in decimal degrees): Latitude, 34.412832 Longitude: - 77.570515 (DD DDDDDD) (-DD DDDDDD) 1 c. Property size 1.479 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to Topsail Sound proposed project: 2b. Water Quality Classification of nearest receiving water: SA; HQW 2c. River basin: White Oak 03020302 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: The lot is developed and has a house on it. Adjacent properties are undeveloped or residential. 3b. List the total estimated acreage of all existing wetlands on the property: 1.3 ac 3c List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: N/A 3d. Explain the purpose of the proposed project: The purpose of the project was to construct a single-family house within the lot. Fill was needed to level out an area directly adjacent to the house to provide stability to the structure 3e Describe the overall project in detail, including the type of equipment to be used: This is an after -the -fact permit. This project included grading the lot and constructing a driveway and single-family residence on it. Typical construction equipment such as track hoe, loader, dump truck, and bob cat was used to clear lots for the building footprint, grade the lot, and construct the house. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / ® Yes ❑ No ❑ Unknown project (including all prior phases) in the past? Comments: 4b. If the Corps made the jurisdictional determination, what type ❑ Preliminary ® Final of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company. Name (if known): Mr. Rob Moul Land Management Group, Inc. Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. This most recent delineation was approved in the field by Emily Greer in 2015. Page 3 of 12 PCN Form —Version 1.3 December 10, 2008 Version B. Project Information and Prior Project History S. Project History 5a. Have permits or certifications been requested or obtained for ® Yes ❑ No ❑ Unknown this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. A former developer obtained a CAMA Mayor Permit, 401 WQC, and GP291 for the entire subdivision that authorized 0.31 acre of wetland fill. (Action ID# 2006-32259 and DWQ Project #02-1159). In 2007, it was determined that an additional 0 174 acre of wetland fill occurred within the subdivision, which was then authorized by the USACE and DWR Part of this fill was for impacts on Lot 19. A new developer purchased the property and the site was redelineated by LMG in 2015. A site inspection by Emily Greer of the USACE and Joanne Steenhws of DWR concluded that in addition to the authorized fill, approximately 0.018 acre of unauthorized fill occurred on Lot 19. The applicant requests after -the -fact authorization of this fill. 6. Future Project Plans 6a Is this a phased project? ❑ Yes ® No 6b If yes, explain Development of Lot 19 is not a phased project. Note that additional wetland impacts may be needed for other lots within the Oceanaire S/D and will be permitted separately in coordination with USACE and DWR. Page 4 of 12 C. Proposed Impacts Inventory 1. Impacts Summary la. Which sections were completed below for your project (check all that apply): ® Wetlands ❑ Streams - tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts NIA If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of jurisdiction number — Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ — non -404, other) (acres) Temporary W1 ®P ❑ T Fill for lot development Non -riparian ❑ Yes ® No ® Corps ® DWQ 0.005 W2 ®P ❑ T Fill for lot development Non -riparian ❑ Yes ® No ® Corps ® DWQ 0.013 W3 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W4 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W5 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ 2g. Total wetland impacts 0.018 2h. Comments. Impacts have already occurred. 3. Stream Impacts NIA If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a 3b. 3c. 3d. 3e. 3f. 3g Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - (PER) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ — non -404, width (linear Temporary (T) (INT)? other) (feet) feet) S1 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S2 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S3 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S4 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S5 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S6 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ 3h. Total stream and tributary impacts 31. Comments: Page 5 of 12 PCN Form —Version 1 3 December 10, 2008 Version 4. Open Water Impacts N/A If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S then individually list all open water impacts below. 4a Open water impact number — Permanent (P) or Temporary T 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 01 ❑P❑T 02 ❑P❑T 03 ❑P❑T 04 ❑P❑T 05 ❑P❑T 4f. Total open water impacts 4g Comments: 5. Pond or Lake Construction N/A If pond or lake construction proposed, then complete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 5f. Total 5g. Comments. 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 51. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: Page 6 of 12 6. Buffer Impacts (for DWQ) N/A If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form 6a. ❑ Neuse ❑ Tar -Pamlico ❑ Other: Project is in which protected basin? ❑ Catawba ❑ Randleman 6b. 6c. 6d. 6e. 6f. 6g. Buffer impact number — Reason Buffer Zone 1 impact Zone 2 impact Permanent (P) or for Stream name mitigation (square feet) (square feet) Temporary T impact required? 61 ❑P❑T El Yes ❑ No B2 ❑P❑T El Yes ❑ No B3 ❑P❑T El Yes ❑ No 6h. Total buffer impacts 61. Comments - Page 7 of 12 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Wetland impacts have been minimized to only what was necessary to stabilize building area Remaining wetlands on site will not be impacted. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Silt fencing was used during construction to reduce sediment from eroding into other wetland areas. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? ® Yes ❑ No 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ® Corps 2c. If yes, which mitigation option will be used for this project? ❑ Mitigation bank ® Payment to in-lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank NIA 3a. Name of Mitigation Bank: 3b Credits Purchased (attach receipt and letter) Type Non-riparian Quantity 1 acre 3c Comments. 4. Complete if Making a Payment to In-lieu Fee Program 4a Approval letter from in-lieu fee program is attached. ❑ Yes 4b Stream mitigation requested- linear feet 4c If using stream mitigation, stream temperature: ❑ warm ❑ cool ❑cold 4d Buffer mitigation requested (DWQ only)- square feet 4e. Riparian wetland mitigation requested: acres 4f Non-riparian wetland mitigation requested: 1 acre (already purchased) 4g. Coastal (tidal) wetland mitigation requested: acres 4h Comments- Payment has already been made by previous developer. 5. Complete if Using a Permittee Responsible Mitigation Plan N/A 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 8 of 12 PCN Form — Version 1.3 December 10, 2008 Version 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ N/A 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ❑ Yes ® No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). 6h. Comments: Page 9 of 12 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan N/A 1 a. Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes ® No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. ❑ Yes ❑ No Comments. 2. Stormwater Management Plan 2a What is the overall percent imperviousness of this project? —2.7% 2b. Does this project require a Stormwater Management Plan? ® Yes ❑ No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: N/A 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: A State Stormwater Permit has been issued for this subdivision (SW8 020109). ❑ Certified Local Government 2e. Who will be responsible for the review of the Stormwater Management Plan? ® DWQ Stormwater Program ❑ DWQ 401 Unit 3. Certified Local Government Stormwater Review N/A 3a. In which local government's jurisdiction is this project? ❑ Phase II 3b. Which of the following locally -implemented stormwater management programs ❑ NSW ❑ USMP apply (check all that apply): ❑ Water Supply Watershed ❑ Other: 3c Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached9 4. DWQ Stormwater Program Review ❑ Coastal counties ❑ HQW 4a Which of the following state -implemented stormwater management programs apply ❑ ORW (check all that apply): ❑ Session Law 2006-246 ❑ Other: 4b. Has the approved Stormwater Management Plan with proof of approval been attached? ❑ Yes ® No 5. DWQ 401 Unit Stormwater Review N/A 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 10 of 12 PCN Form — Version 1 3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) la Does the project involve an expenditure of public (federal/state/local) funds or the ❑ Yes ® No use of public (federal/state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ❑ Yes ❑ No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval ❑ Yes ❑ No letter.) Comments: N/A 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ® Yes ❑ No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after -the -fact permit application? ® Yes ❑ No 2c If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): Previous developer impacted wetlands beyond what was authorized on several lots within the subdivision, including Lot 19. This application requests after -the -fact approval of these impacts. 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑Yes ®No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. The development of Lot 19 will not result in additional development. Impacts that may be needed for other lots within the subdivision will the applied for separately. 4. Sewage Disposal (DWQ Requirement) 4a. 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. The project will tie into the local sanitary sewer system. Page 11 of 12 PCN Form — Version 1.3 December 10, 2008 Version 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a Will this project occur in or near an area with federally protected species or ® Yes ❑ No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ❑ Yes ® No impacts? ❑ Raleigh 5c. If yes, indicate the USFWS Field Office you have contacted. ❑ Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? The NC Natural Heritage Program GIS layer was used to determine the presence of federally listed species. No federally protected species are known to occur within the site. Several federally protected species are known to occur within a one - mile radius of the site. Sea turtles have been documented to nest along the Atlantic Ocean Beaches, sturgeon are known to occur within the Atlantic Ocean and Topsail Sound, and seabeach amaranth is found along the foredunes adjacent to the Atlantic Ocean This project will not impact any of these species. 6. Essential Fish Habitat (Corps Requirement) 6a Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ® No 6b What data sources did you use to determine whether your site would impact Essential Fish Habitat? The NOAA Fisheries Essential Fish Habitat Mapper GIS program was used to determine the presence of Essential Fish Habitat (EFH) No EFH or Habitat Areas of Particular Concern (HAPC) were identified at the site. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ❑ Yes ® No status (e g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b What data sources did you use to determine whether your site would impact historic or archeological resources? The NC SHPO HPOWEB GIS service website was used to determine the presence of cultural resources. No cultural resources are known to occur on or adjacent to the property. 8. Flood Zone Designation (Corps Requirement) 8a Will this project occur in a FEMA -designated 100 -year floodplain? -T- ® Yes ❑ No 8b. If yes, explain how project meets FEMA requirements: House has been built to meet floodplain requirements. 8c. What source(s) did you use to make the floodplain determination? Surveyor provided floodplain information. Kim Williams 211112016 Applicant/Agent's Printed Name ------------ Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided ) Page 12 of 12 AGENT AUTHORIZATION FORM TO WHOM IT MAY CONCERN: I/we, the undersigned, hereby authorize Land Management Group, Inc. to act as our agent in the preparation and representation of information related to the Section 404/401 permit application for the Oceanaire project. All questions in regards to this project should be directed to Land Management Group, Inc. Sincerely, 1. An ir1! i t V&1&6 330 (j(Wrelf,4 166, S'r� Ci -y. NC �'Om , -'- GRA -mss (t 11, Print Name o /& Date AGENT AUTHORIZATION FORM TO WHOM IT MAY CONCERN: 1/we, the undersigned, hereby authorize Land Management Group, Inc. to act as our agent in the preparation and representation of information related to the Section 404/401 permit application for the Oceanaire project. All questions in regards to this project should be directed to Land Management Group, Inc. Sincerely, O� r/ pplicant 15 A-leon Print Name Date uocuoign rnvewpe iu »r�ite�o ouzo 1+roa-csuot-�ooruova�to� OFFER TO PURCHASE AND CONTRACT [Consult "Guidelines" (Form 2G) for guidance in completing this form] For valuable consideration, the receipt and legal sufficiency of which are hereby acknowledged, Buyer offers to purchase and Seller upon acceptance agrees to sell and convey the Property on the terms and conditions of this Offer To Purchase and Contract and any addendum or modification made in accordance with its terms (together the "Contract"). 1. TERMS AND DEFINITIONS: 1he terms listed below shall have the respective meaning given them as set forth adjacent to each tern. (a) "Seller": CJL Partners (b) "Buyer": Alexander Corteselli and Karen R Corteselli (c) "Property": The Property shall include all that real estate described below together with all appurtenances thereto including the improvements located thereon and the fixtures and personal property listed in Paragraphs 2 and 3 below. NOTE: If the Property will include a manufactured (mobile) home(s), Buyer and Seller should consider including the Manuf=actured (Mobile) Home provision in the Additional Provisions Addendum (Standard Form 2A I -T) with this offer. Street Address: 330 Oceanaire Lane City: Surf City Zip: 28445 County: Pender North Carolina (NOTE: Governmental authority over taxes, zoning, school districts. utilities and mail delivery may differ from address shown.) Legal Description: (Complete ALL applicable) Plat Reference: Lot/Unit 19 Block/Section Subdivision/Condominium Nautic Bay , as shown on Plat Book/Slide 53 at Page(s) 80 The PIN/PID or other identification number of the Property is: 4234-04-7905-0000 Other description: Some or all of the Property may be described in Deed Book 4405 at Page 65 (d) "Purchase Price": S 480,000.00 paid in U.S. Dollars upon the following terms: S 200.00 BY DUE DILIGENCE FEE made payable and delivered to Seller by the Effective Date 4,600.00 BY INITIAL EARNEST MONEY DEPOSIT made payable and delivered to Escrow Agent named in Paragraph 1(f) cash X personal check _ official bank check wire transfer, EITHER with this offer OR , within five (5) days of the Effective Date of this Contract. S n/a BY (ADDITIONAL.) EARNEST MONEY DEPOSIT made payable and delivered to Escrow Agent named in Paragraph I(f) by cash or immediately available funds such as official bank check or wire transfer no later than n/a , TIME BEVVG OF T11E ESSENCE with regard to said date. 5 n/a BY ASSUMPTION of the unpaid principal balance and all obligations of Seller on the existing loan(s) secured by a deed of trust on the Property in accordance with the attached Loan Assumption Addendum (Standard Form 2A6 -T). n/a BY SELLEIR FINANCING in accordance with the attached Seller Financing Addendum (Standard Form 2A5 -'I). S n/a BY BUILDING DEPOSIT in accordance with the attached New Construction Addendum (Standard Form 2A3 -T). S 475,000.00 BALANCE of the Purchase Price in cash at Settlement (sonic or all of which may be paid with the proceeds of a new loan) Should Buyer fail to deliver either the Due Diligence Fee or any Initial Eames( Money Deposit by their due dates, or should any check or other funds paid by Buyer be dishonored, for any reason, by the institution upon which the payment is drawn, Buyer shall Page I of 12 113 This form jointly approved by: STANDARD FORM 2-T North Carolina Bar Association '• Revised 7/2015 REALTORS North Carolina Association of REALTORSO, Inc. WtAl.=S1" 07/2015 Buyer initials _1`S'C 6- ?e Seller initial This form p &med by, FornKdathow0 800199.9812 Jocuaign tnveiope iu i.3mizLiL o-ouro-4riti-nuoc-uooruauoL c:oo have one (1) banking day after .written notice to deliver cash or immediately available funds to the payee. In the event Buyer does not timely deliver cash or immediately available funds, Seller shall have the right to terminate this Contract upon written notice to Buyer. (e) "Earnest Money Deposit" :The Initial Earnest Money Deposit, the Additional Eamest Money Deposit and any other earnest monies paid in connection with this transaction, hereinafter collectively referred to as "Earnest Money Deposit", shall be deposited and held in escrow by Escrow Agent until Closing, at which time it will be credited to Buyer, or until this Contract is otherwise terminated. In the event: (1) this offer is not accepted; or (2) a condition of any resulting contract is not satisfied, then the Earnest Money Deposit shall be refunded to Buyer. in the event of breach of this Contract by Seller, the Earnest Money Deposit shall be refunded to Buyer upon Buyer's request, but such return shall not affect any other remedies available to Buyer for such breach. in the event of breach of this Contract by Buyer, the Earnest Money Deposit shall be paid to Seller as liquidated damages and as Sellers sole and exclusive remedy for such breach, but without limiting Seller's rights under Paragraphs 4(d) and 4(e) for damage to the Property or Seller's right to retain the Due Diligence Fee. It is acknowledged by the parties that payment of the Earnest Money Deposit to Seller in the event of a breach of this Contract by Buyer is compensatory and not punitive, such amount being a reasonable estimation of the actual loss that Seller would incur as a result of such breach. The payment of the Earnest Money Deposit to Seller shall not constitute a penalty or forfeiture but actual compensation for Seller's anticipated loss, both parties acknowledging the difficulty determining Sellers actual damages for such breach. if legal proceedings are brought by Buyer o r Seller against the other to recover the Earnest Money Deposit, the prevailing party in the proceeding shall be entitled to recover from the non -prevailing party reasonable attorney fees and court costs incurred in connection with the proceeding. (f) "Escrow Agent" (insert name): Lender's Title and Escrow LLC NOTE: In the event of a dispute between Seller and Buyer over the disposition of the Earnest Money Deposit held in escrow, a licensed real estate broker (`Broker") is required by state law (and Escrow Agent, if not a Broker, hereby agrees) to retain the Earnest Money Deposit in the Escrow Agent's trust or escrow account until Escrow Agent has obtained a written release from the parties consenting to its disposition or until disbursement is ordered by a court of competent jurisdiction. Alternatively, if a Broker or an attorney licensed to practice law in North Carolina ("Attorney") is holding the Earnest Money Deposit, the Broker or Attorney may deposit the disputed monies with the appropriate clerk of court in accordance with the provisions of N.C.G.S. §93A- 12. THE PARTIES AGREE THAT A REAL ESTATE BROKERAGE FIRM ACTING AS ESCROW AGENT MAY PLACE THE EARNEST MONEY DEPOSIT iN AN INTEREST BEARING TRUST ACCOUNT AND THAT ANY INTEREST EARNED THEREON SHALL BE DISBURSED TO THE ESCROW AGENT MONTHLY IN CONSIDERATION OF THE EXPENSES INCURRED BY MAINTAINING SUCH ACCOUNT AND RECORDS ASSOCIATED THEREWITH. (g) "Effective Date" :The date that: (1) the last one of Buyer and Seller has signed or initialed this offer or the final counteroffer, if any, and (2) such signing or initialing is communicated to the party making the offer or counteroffer, as the case may be. The parties acknowledge and agree that the initials lines at the bottom of each page of this Contract are merely evidence of their having reviewed the terms of each page, and that the complete execution of such initials lines shall not be a condition of the effectiveness of this Agreement. (h) "Due Diligence": Buyer`s opportunity during the Due Diligence Period to investigate the Property and the transaction contemplated by this Contract, including but not necessarily limited to the matters described in Paragraph 4 below, to decide whether Buyer, in Buyer's sole discretion, will proceed with or terminate the transaction. (i) "Due Diligence Fee": A negotiated amount, if any, paid by Buyer to Seller with this Contract for Buyer's right to conduct Due Diligence during the Due Diligence Period. It shall be the property of Seller upon the Effective Date and shall be a credit to Buyer at Closing. 'Be Due Diligence Fee shall be non-refundable except in the event of a material breach of this Contract by Seller, or if this Contract is terminated under Paragraph 8(n) or Paragraph 12, or as otherwise provided in any addendum hereto. Buyer and Seller each expressly waive any right that they may have to deny the right to conduct Due Diligence or to assert any defense as to the enforceability of this Contract based on the absence or alleged insufficiency of any Due Diligence Fee, it being the intent of the parties to create a legally binding contract for the purchase and sale of the Property without regard to the existence or amount of any Due Diligence Fee. 0) "Due Diligence Period": The period beginning on the Effective Date and extending through 5.00 p.m. on 21 days from contract TIME BEING OF THE ESSENCE with regard to said date. (k) "Settlement": The proper execution and delivery to the closing attorney of all documents necessary to complete the transaction contemplated by this Contract, including the deed, settlement statement, deed of trust and other loan or conveyance documents, and the closing attorney's receipt of all funds necessary to complete such transaction. (1) "Settlement Date", The parties agree that Settlement will take place on February 12, 2016 (the "Settlement Date"), unless otherwise agreed in writing, at a time and place designated by Buyer. Page 2 of 12 STANDARD FORM 2-T ��� �� Revised 7/20(5 Buyer initials �Y'_`— Seller initial 07/2015 Thm 1= vDdumd by: FQrMgdat Y $ 800494-9512 iocuoign cnveiope iu tartittst.o-ouio-4ray-tfuor--uoorvavot,r-oa (m)"Closing": The completion of the legal process which results in the transfer of title to the Property from Seller to Buyer, which includes the following steps: (1) the Settlement (defined above); (2) the completion of a satisfactory title update to the Property following the Settlement; (3) the closing attorney's receipt of authorization to disburse all necessary funds; and (4) recordation in the appropriate county registry of the deed(s) and deed(s) of trust, if any, which shall take place as soon as reasonably possible for the closing attorney after Settlement. Upon Closing, the proceeds of sale shall be disbursed by the closing attorney in accordance with the settlement statement and the provisions of Chapter 45A of the North Carolina General Statutes. if the title update should reveal unexpected liens, encumbrances or other title defects, or if the closing attorney is not authorized to disburse all necessary funds, then the Closing shall be suspended and the Settlement deemed delayed under Paragraph 13 (Delay in Settlement/Closing). WARNING: The North Carolina State Bar has determined that the performance of most acts and services required for a closing constitutes the practice of law and must be performed only by an attorney licensed to practice law in North Carolina. State law prohibits unlicensed individuals or firms from rendering legal services or advice. Although non -attorney settlement agents may perform limited services in connection with a closing, they may not perform all the acts and services required to complete a closing. A closing involves significant legal issues that should be handled by an attorney. Accordingly it is the position of the North Carolina Bar Association and the North Carolina Association of REALTORSO that all buyers should hire an attorney licensed in North Carolina to perform a closing. (n) "Special Assessments": A charge against the Property by a governmental authority in addition to ad valorem taxes and recurring governmental service fees levied with such taxes, or by an owners' association in addition to any regular assessment (dues), either of which may be a lien against the Property. A Special Assessment may be either proposed or confirmed. "Proposed Special Assessment"': A Special Assessment that is under formal consideration but which has not been approved prior to Settlement. "Confirmed Special Assessment": A Special Assessment that has been approved prior to Settlement whether or not it is fully payable at time of Settlement. 2. FIXTURES AND EXCLUSIONS: (a) Items Leased or Not Owned: Any item which is leased or not owned by Seller, such as fuel tanks, antennas, satellite dishes and receivers, appliances, and alarm and security systems must be identified here and shall not convey: none (b) Specified Items -Unless identified in subparagraph (d) below the following items, if any. are deemed fixtures and are included in the Purchase Price free of liens: range/stove/oven, any built-in appliances, light fixtures, ceiling fans, attached floor coverings, blinds, shades, drapery rods and curtain rods, brackets and all related hardware, window and door screens, storm windows, combination doors, awnings, antennas, satellite dishes and receivers, mounting brackets for televisions and for speakers and all related hardware, burglar/firelsmoke/carbon monoxide alarms and security systems, pool and spa equipment, solar energy systems, attached fireplace screens, gas logs, fireplace inserts, electric garage door openers with controls, outdoor plants and trees (other than in movable containers), basketball goals, storage sheds, mailboxes, attached wall and/or door mirrors, fuel tank(s) whether attached or buried and including any contents that have not been used, removed or resold to the fiiel provider as of Settlement*, landscape and/or foundation lighting, invisible fencing including all related equipment, lawn irrigation systems and all related equipment, and water softener/conditioner and filter equipment. (c) Other Fixtures/Unspecified items, Unless identified in subparagraph (d) below, any other item legally considered a fixture is included in the Purchase Price free of liens. (d) Other Items That Do Not Convey: The following items shall not convey (identi, those items to be excluded under subparagraphs (b) and (c)): none Seller shall repair any damage caused by removal of any items excluded above. *NOTE: Seller's use, removal or resale of fuel in any fuel tank is subject to Seller's obligation under Paragraph 8(c) to provide working, existing utilities through the earlier of Closing or possession by Buyer. 3. PERSONAL PROPERTY: The following personal property shall be transferred to Buyer at no value at Closing: none Page 3 of 12 DS STANDARD FORM 2-T Revised 7/2415 Buyer initials Seller initials Ls� 07/2015 ThM fOfm produced try- F MUIatDr 0 e00.esfl-9612 jocuoign cnveiope iu. tam i/o%,o-ouio-4roy-tiuoc-uooruavotcoo (NOTE: Buyer is advised to consult with Buyer's lender to assure that the Personal Property items listed above can be included in this Contract.) 4. BUYER'S DUE DILIGENCE PROCESS: (a)Loan: During the Due Diligence Period, Buyer, at Buyer's expense, shall be entitled to pursue qualification for and approval of the Loan if any. NOTE: Buyer is advised to consult with Buyer's lender prior to signing this offer to assure that the Due Diligence Period allows sufficient time for the appraisal to be completed and for Buyer's lender to provide Buyer sufficient information to decide whether to proceed with or terminate the transaction since the Loan is not a condition of the Contract. (b) Property Investigation: During the Due Diligence Period, Buyer or Buyer's agents or representatives, at Buyer's expense, shall be entitled to conduct all desired tests, surveys, appraisals, investigations, examinations and inspections of the Property as Buyer deems appropriate, including but NOT limited to the following. (i) Inspections: Inspections to determine the condition of any improvements on the Property, the presence of unusual drainage conditions or evidence of excessive moisture adversely affecting any improvements on the Property, the presence of asbestos or existing environmental contamination, evidence of wood -destroying insects or damage therefrom, and the presence and level of radon gas on the Property. (i i) Review of Documents: Review of the Declaration of Restrictive Covenants, Bylaws, Articles of Incorporation, Rules and Regulations, and other governing documents of any applicable owners' association andlor subdivision. if the Properly is subject to regulation by an owners' association, it is recommended that Buyer review the completed Residential Property and Owners' Association Disclosure Statement provided by Seller prior to signing this offer. It is also recommended that the Buyer determine if the owners' association charges fees for confirming owners' association information and restrictive covenant compliance. (iii) Insurance: Investigation of the availability and cost of insurance for the Property. (iv) Appraisals: An appraisal of the Property. (v) Survey: A survey to determine whether the property is suitable for Buyer's intended use and the location of easements, setbacks, property boundaries and other issues which may or may not constitute title defects. (vi) Zoning and Governmental Regulation: Investigation of current or proposed zoning or other governmental regulation that may affect Buyer's intended use of the Property, adjacent land uses, planned or proposed road construction, and school attendance zones. (vii) Flood Hazard: Investigation of potential flood hazards on the Property, and/or any requirement to purchase flood insurance in order to obtain the Loan. (viii) Utilities and Access: Availability, quality, and obligations for maintenance of utilities including water, sewer, electric, gas, communication services, stormwater management, and means of access to the Property and amenities. (ix) Streets/Roads: Investigation of the status of the street/road upon which the Property fronts as well as any other street'road used to access the Property, including: (1) whether any street(s)/road(s) are public or private, (2) whether any street(s)/road(s) designated as public are accepted for maintenance by the State of NC or any municipality, or (3) if private or not accepted for public maintenance, the consequences and responsibility for maintenance and the existence. terms and funding of any maintenance agreements. (x) Fuel Tank: Inspections to determine the existence, type and ownership of any fuel tank located on the Property. (NOTE: Buyer is advised to consult with the owner of any leased fuel tank regarding the terms under which Buyer may lease the tank and obtain fuel.) (c) Repair/Improvement Negotiations/Agreement: Buyer acknowledges and understands that unless the parties agree othenvise, THE PROPERTY IS BEING SOLD IN ITS CURRENT CONDITION. Buyer and Seller acknowledge and understand that they may, but are not required to, engage in negotiations for repaimlimprovements to the Property. Buyer is advised to make any repair/improvement requests in sufficient time to allow repair/improvement negotiations to be concluded prior to the expiration of the Due Diligence Period. Any agreement that the parties may reach with respect to repairs/improvements shall be considered an obligation of the parties and is an addition to this Contract and as such, must be in .writing and signed by the parties in accordance with Paragraph 24. (NOTE: See Paragraph 8(c), Access to Property/Walk-Through Inspection, and Paragraph 8(m), Negotiated RepaiMmprovements.) (d) Buyer's Obligation to Repair Damage: Buyer shall, at Buyer's expense, promptly repair any damage to the Property resulting from any activities of Buyer and Buyer's agents and contractors, but Buyer shall not be responsible for any damage caused by accepted practices either approved by the N.C. Home inspector licensure Board or applicable to any other N.C. licensed professional performing reasonable appraisals, tests, surveys, examinations and inspections of the Property. This repair obligation shall survive any termination of this Contract. Page 4 of 12 STANDARD FORM 2-T Revised 7/2015 Buyer initials Seller initial Gi cU. 7/2015 This tum pTducM by FvinrirAatior Q? 600.449&612 iocuoign tnveiope iu i,)rrizouo-ouro-•+raa-euoc-uooru.3uoucoa (e) Indemnity: Buyer will indemnify and hold Seller harmless from all loss, damage, claims, suits or costs, which shall arise out of any contract, agreement, or injury to any person or property as a result of any activities of Buyer and Buyer's agents and contractors relating to the Property except for any loss, damage, claim, suit or cost arising out of pre-existing conditions of the Property and/or out of Scllees. negligence or willful acts or omissions. This indemnity shall survive this Contract and any termination hereof. (f) Buyer's Right to Terminate: Buyer shall have the right to terminate this Contract for any reason or no reason. by delivering to Seiler written notice of termination (the "Termination Notice") during the Due Diligence Period (or any agreed-upon written extension of theDue Diligence Period), TIME BEING OF TME ESSENCE. if Buyertimelydelivers the Termination Notice, this Contract shall be terminated and the Earnest Money Deposit shall be refunded to Buyer. WARNING: if Buyer is not satisfied with the results or progress of Buyer's Due Diligence, Buyer should terminate this Contract, prior to the expiration ofthe Due Diligence Period, unless Buyer can obtain a written extension from Seller. SELLER IS NOT OBLIGATED TO GRANT AN EXTENSION. Although Buyer may continue to investigate the Property following the expiration of the Due Diligence Period, Buyer's failure to deliver a Termination Notice to Seiler prior to the expiration of the Due Diligence Period shall constitute a waiver by Buyer of any right to terminate this Contract based on any matter relating to Buyer's Due Diligence. Provided however, following the Due Diligence Period, Buyer may still exercise a right to terminate if Seller fails to materially comply with any of Seller's obligations under Paragraph 8 of this Contract or for any other reason permitted under the terms of this Contract or North Carolina law. (g) CLOSING SHALL CONSTITUTE ACCEPTANCE OF THE PROPERTY IN ITS THEN EXISTING CONDITION UNLESS PROVISION iS OTHERWISE MADE IN WRITING. 5. BUYER REPRESENTATIONS: (a) Loan: Buyer, _: does>( does not have to obtain a new loan in order to purchase the Property. If Buyer is obtaining a new loan, Buyer intends to obtain a loan as follows: , _'FHA . VA (attach FI-IA/VA Financing Addendum), ., Conventional Other: n/a loan at a, Fixed Rate_ _ Adjustable Rate in the principal amount of nla plus any financed VA Funding Fee or FHA MiP for a terns of n/a year(s), at an initial interest rate not to exceed nla % per annum (the "Loan"). NOTE: Buyefs obligations under this Contract are not conditioned upon obtaining or closing any loan. If Buyer represents that Buyer does not have to obtain a new loan in order to purchase the Property, Seller is advised, prior to signing this offer, to obtain documentation from Buyer which demonstrates that Buyer will be able to close on the Property without the necessity of obtaining a new loan. (b) Other Property: Buyer, • does X does not have to scall or lease other real property in order to qualify for a ne-w loan or to complete purchase. (NOTE: This Contract is not conditioned upon the sale of Buyer's property unless a contingent sale addendum such as Standard Form 2A2 -T is made a part of this Contract.) (c) Performance of Buyer's Financial Obligations: To the best of Buyer's knowledge, there are no other circumstances or conditions existing as of the date of this offer that would prohibit Buyer from performing Buyer's financial obligations in accordance with this Contract, except as may be specifically set forth herein. (d) Residential Property and Owners' Association Property Disclosure Statement (check only ogre): Buyer has received a signed copy of the N.C. Residential Property and Owners' Association Disclosure Statement prior to the signing of this offer. Buyer has NOT received a signed copy of the N.C. Residential Property and Owners' Association Disclosure Statement prior to the signing of this offer and shall have the right to terminate or withdraw this Contract without penalty (including a refund of any Due Diligence Fee) prior to WHICHEVER OF THE FOLLOWING EVENTS OCCURS FIRST.- (1) the end of the third calendar day following receipt of the Disclosure Statement; (2) the end of the third calendar day following the date the Contract was made; or (3) Settlement or occupancy by Buyer in the case of a sale or exchange. X Exempt from N.C. Residential Property and Owners' Association Disclosure Statement because (SEE GUIDELINES): new construction Pane 5 of 12 DS Buyer initials nL1 Seller initials C This forni PoWced by. RWTlIIifarta '0 803498.9512 STANDARD FORM 2-T Revised 7/2015 07/2015 jocuoign r-nveiope iu. iamizmuo-ouro-4rau-cruor_-uooruauo%.toa (e Mineral and Oil and Gas Rights Mandatory Disclosure Statement (check only one): Buyer has received a signed copy of the N.C. Mineral and Oil and Gas Rights Mandatory Disclosure Statement prior to the signing of this offer. Buyer has NOT received a signed copy of the N.C. Mineral and Oil and Gas Rights Mandatory Disclosure Statement prior to the signing of this offer and shall have the right to terminate or withdraw this Contract without penalty (including a refund of any Due Diligence Fee) prior to WHICHEVER OF THE FOLLOWING EVENTS OCCURS FIRST. (1) the end of the third calendar day following receipt of the Disclosure Statement; (2) the end of the third calendar day following the date the Contract was made; or (3) Settlement or occupancy by Buyer in the case of a sale or exchange. Exempt from N.C. Mineral and Oil and Gas Rights Mandatory Disclosure Statement because (SEE GUIDELINES): Buyer's receipt of a Mineral and Oil and Gas Rights Mandatory Disclosure Statement does not modify or limit the obligations of Seller under Paragraph 8(g) of this Contract and shall not constitute the assumption or approval by Buyer of any severance of mineral and/or oil and gas rights. except as may be assumed or specifically approved by Buyer in writing. (NOTE: The parties are advised to consult with a NC attorney prior to signing this Contract if severance of mineral and/or oil and gas rights has occurred or is intended.) 6. BUYER OBLIGATIONS: (a )Owners' Association Fees/Charges: Buyer shall be responsible for the payment of any fees charged by an owners' association for information relating to Buyers Due Diligence other than those fees to be paid by Seller under Paragraph 80). (b) Responsibility for Proposed Special Assessments: Buyer shall, take title subject to all Proposed Special Assessments. (c) Responsibility for Certain Costs: Buyer shall be responsible for all costs with respect to any loan obtained by Buyer, appraisal, title search, title insurance, recording the deed and for preparation and recording of all instruments required to secure the balance of the Purchase Price unpaid at Settlement. (d) Authorization to Disclose Information: Buyer authorizes the Buyer's lender(s), the parties' real estate agent(s) and closing attorney: (1) to provide this Contract to any appraiser employed by Buyer or by Buyer's lender(s); and (2) to release and disclose any buyer's closing disclosure, settlement statement andlor disbursement summary, or any information therein, to the parties to this transaction, their real estate agent(s) and Buyer`s tender(s). 7. SELLER REPRESENTATIONS: (a) Ownership: Seller represents that Seller: X has owned the Property for at least one year. has owned the Property for less than one year. does not yet own the Property. (b) Lead -Based Paint (check if applicable): The Property is residential and was built prior to 1978 (Attach Lead -Based Paint or Lead -Based Paint Hazards Disclosure Addendum (Standard Form 2A9 -T)). (e) Assessments: To the best of Seller's knowledge there are no Proposed Special Assessments except as follows (Insert "None" or the identification of such assessments, if any): none, but if any, to be Raid by the seller Seller warrants that there are no Confirmed Special Assessments except as follows (Insert "None" or the identification of such assessments, if any): none, but if any, to be paid by the seller (d) Owners' Association(s) and Dues: Seller authorizes and directs any owners' association, any management company of the owners' association, any insurance company and any attorney who has previously represented the Seller to release to Buyer, Buyer's agents, representative, closing attorney or lender true and accurate copies of the following items affecting the Property, including any amendments: • Seller's statement of account • master insurance policy showing the coverage provided and the deductible amount • Declaration and Restrictive Covenants • Rules and Regulations • Articles of Incorporation Page 6 of 12 Ds Buyer initials _ &qe1_4_ Seller initials This to,, aed.-oed by Fodor A sw4e9-96i2 STANDARD FORM 2-T Revised 7/2015 0 7/2015 mcuoign r-nvempe iu. tomizat-,o-ouio-•+r.)y-euot-uooruauoL r-oo Bylaws of the owners' association current financial statement and budget of the owners' association ` parking restrictions and information architectural guidelines The name, address and telephone number of the president of the owners' association or the association manager is: Owners' association website address, if any: The name, address and telephone number of the president of the owners' association or the association manager is: Owners' association website address, if any: SELLER OBLIGATIONS: (a) Evidence of Title and Payoff Statement(s): Seller agrees to use best efforts to deliver to Buyer as soon as reasonably possible after the Effective Date, copies of all title information in possession of or available to Seller, including but not limited to: title insurance policies, attomey's opinions on title, surveys, covenants, deeds, notes and deeds of trust, leases, and easements relating to the Property. Seller shall provide to the closing attorney all information needed to obtain a written payoff statement from any lender(s) regarding any security interest in the Property as soon as reasonably possible after the Effective Date, and Seller designates the closing attomey as Seller's agent with express authority to request and obtain on Seller's behalf payoff statements andor short - pay statements from any such lender(s). (b) Authorization to Disclose Information: Seller authorises: (1) any attomey presently or previously representing Seller to release and disclose any title insurance policy in such attorney's file to Buyer and both Buyer's and Seller's agents and attorneys; (2) the Property's title insurer or its agent to release and disclose all materials in the Property's title insurer's (or title insurer's agenCs) file to Buyer and both Buyer's and Seller's agents and attorneys and (3) the closing attorney to release and disclose any seller's closing disclosure, settlement statement and/or disbursement summary, or any information therein, to the parties to this transaction, their real estate agent(s) and Buyer's lender(s). (c) Access to Property[Walk-Through inspection: Seller shall provide reasonable access to the Property (including working. existing utilities) through the earlier of Closing or possession by Buyer, including, but not limited to, allowing Buyer an opportunity to conduct a final walk-through inspection of the Property. (d) Removal of Seller's Property: Seller shall remove, by the date possession is made available to Buyer, all personal property which is not a part of the purchase and all garbage and debris from the Property. (e) Affidavit and Indemnification Agreement: Seller shall furnish at Settlement an affidavit(s) and indemnification agreement(s) in form satisfactory to Buyer and Buyer's title insurer, if any, executed by Seller and any person or entity who has performed or furnished labor, services. materials or rental equipment to the Property within 124 days prior to the date of Settlement and who may be entitled to claim a lien against the Property as described in N.C.G.S. §44A-8 verifying that each such person or entity has been paid in full and agreeing to indemnify Buyer, Buyer's lender(s) and Buyers title insurer against all loss from any cause or claim arising therefrom. (f) Designation of Lien Agent, Payment and Satisfaction of Liens: If required by N.C.G.S. &44A-11.1, Seller shall have designated a Lien Agent, and Seller shall deliver to Buyer as soon as reasonably possible a copy of the appointment of Lien Agent. All deeds of trust, deferred ad valorem taxes, liens and other charges against the Property, not assumed by Buyer, must be paid and satisfied by Seller prior to or at Settlement such that cancellation may be promptly obtained following Closing. Seller shall remain obligated to obtain any such cancellations following Closing. (g) Good Title, Legal Access: Seller shall execute and deliver a GENERAL WARRANTY DEED for the Property in recordable form no later than Settlement, which shall convey fee simple marketable and insurable title, without exception for mechanics' liens, and free of any other liens, encumbrances or defects, including those which would be revealed by a current and accurate survey of the Property, except: ad valorem taxes for the current year (prorated through the date of Settlement); utility easements and unviolated covenants, conditions or restrictions that do not materially affect the value of the Property; and such other liens, encumbrances or defects as may be assumed or specifically approved by Buyer in writing. The Property must have legal access to a public right of way. NOTE: Buyer's failure to terminate this Contract prior to the expiration of the Due Diligence Period as a result of any encumbrance or defect that is or would have been revealed by a title examination of the Property or a current and accurate survey shall not relieve Seller of any obligation under this subparagraph. Pa,c7of 12 STANDARD FORM 2-T Buyer initials. L2i_ Revised 7/2015 Bu} � SellerinitialO 712015 tlrs tam voduwd by Formcdator O wo.4as-96,;, )ocuoign r-nvempe w. i�r�i��t,o-ouio�+roa-tsuoc-uooruouo�,�o� NOTE: If any sale of the Property may be a "short sale," consideration should be given to attaching a Short Sale Addendum (Standard Form 2A 14-T) as an addendum to this Contract. (h) Deed, Taxes and Fees: Seller shall pay for preparation of a deed and all other documents necessary to perform Seller's obligations under this Contract, and for state and county excise taxes, and any deferred, discounted or rollback taxes, and local conveyance fees required by law. The deed is to be made to: TBD (i) Agreement to Pay Buyer Expenses: Seller shall pay at Settlement $ n/a toward any of Buyer's expenses associated with the purchase of the Property, including any FHANA lender and inspection costs that Buyer is not permitted to pay, less any portion disapproved by Buyer`s lender. NOTE: Examples of Buyer's expenses associated with the purchase of the Property include, but are not limited to, discount points, loan origination fees, appraisal fees, attorney's fees, inspection fees, and "pre-paids' (taxes, insurance, owners' association dues, etc.). U) Owners' Association Fees/Charges: Seller shall pay: (i) any fees required for confirming Seller's account payment information on owners' association dues or assessments for payment or proration; (ii) any transfer or similar fee imposed by the owners' association; and (iii) fees incurred by Seller in completing the Residential Property and Owners' Association Disclosure Statement. (k) Payment of Confirmed Special Assessments: Seller shall pay all Confirmed Special Assessments, if any, provided that the amount thereof can be reasonably determined or estimated. (1) Late Listing Penalties: All property tax late listing penalties, if any, shall be paid by Seller. (m) Negotiated Repairs/lmprovements: Negotiated repairs/improvements shall be made in a good and workmanlike manner and Buyer shall have the right to verify same prior to Settlement. (n) Seller's Failure to Comply or Breach: If Seller fails to materially comply with any of Seller's obligations under this Paragraph 8 or Seller materially breaches this Contract, and Buyer elects to terminate this Contract as a result of such failure or breach, then the Earnest Money Deposit and the Due Diligence Fee shall be refunded to Buyer and Seller shall reimburse to Buyer the reasonable costs actually incurred by Buyer in connection with Buyers Due Diligence without affecting any other remedies. If legal proceedings are brought by Buyer against Seller to recover the Earnest Money Deposit, the Due Diligence Fee and/or the reasonable costs actually incurred by Buyer in connection with Buyer's Due Diligence, the prevailing party in the proceeding shall be entitled to recover from the non -prevailing party reasonable attorney fees and court costs incurred in connection with the proceeding. 4. PRORA TIONS AND A"JUST"'TENTS: Unless otherwise provided, the following items shall be prorated through the date of Settlement and either adjusted between the parties or paid at Settlement: (a) Taxes on Real Property: Ad valorem taxes and recurring govemmentai service fees levied with such taxes on real property shall be prorated on a calendar year basis; (b) Taxes on Personal Property: Ad valorem taxes on personal property for the entire year shall be paid by Seller unless the personal property is conveyed to Buyer, in which case, the personal property taxes shall be prorated on a calendar year basis; (c) Rents: Rents, if any, for the Property; (d) Dues: Owners' association regular assessments (dues) and other like charges. 10. HOME WARRANTY: Select one of the following: No home warranty is to be provided by Seller. Buyer may obtain a one-year home warranty at a cost not to exceed S and Seller agrees to pay for it at Settlement. X Seller has obtained and will provide a one-year home warranty from new construction, one year warranty at a cost of $ and will pay for it at Settlement. (NOTE: Horne warranties typically have limitations on and conditions to coverage. Refer specific questions to the home warranty company. ) 11. CONDITION OF PROPERTY AT CLOSING: Buyer's obligation to complete the transaction contemplated by this Contract shall be contingent upon the Property being in substantially the same or better condition at Closing as on the date of this offer. reasonable wear and tear excepted. Page 8 of 12 os STANDARD FORM 2-T � Revised 712015 Buyer initials f7' �l Seller initials 0 7/2015 nx +orn adjwd by. i'MM&tOr * sM.499.0e12 jocuoign rnveiope iu. isAi4oLo-ouio--+roti-cruor-uooruovou coo .12. RISK OF LOSS: The risk of loss or damage by fire or other casualty prior to Closing shall be upon Seller. if the improvements on the Property are destroyed or materially damaged prior to Closing, Buyer may tenninate this Contract by written notice delivered to Seller or Seller's agent and the Earnest Money Deposit and any Due Diligence Fee shall be refunded to Buyer. In the event buyer does NOT elect to terminate this Contract. Buyer shall be entitled to receive, in addition to the Property, any of Seller's insurance proceeds payable on account of the damage or destruction applicable to the Property being purchased. Seller is advised not to cancel existing insurance on the Property until after confirming recordation of the deed. 13. DELAY IN SETTLEMENT/CLOSING: Absent agreement to the contrary in this Contract or any subsequent modification thereto, if party is unable to complete Settlement by the Settlement Date but intends to complete the transaction and is acting in good faith and with reasonable diligence to proceed to Settlement ("Delaying Party''), and if the other party is ready, willing and able to complete Settlement on the Settlement Date ("Non -Delaying Party") then the Delaying Party shall give as much notice as possible to the Non -Delaying Party and closing attorney and shall be entitled to a delay in Settlement. if the parties fail to complete Settlement and Closing within iburteen (14) days of the Settlement Date (including any amended Settlement Date agreed to in writing by the parties) or to otherwise extend the Settlement Date by written agreement, then the Delaying Party, shall be in breach and the Non - Delaying Party may terminate this Contract and shall be entitled to enforce any remedies available to such party under this Contract for the breach. 14. POSSESSION: Possession, including all means of access to the Property (keys, codes, garage door openers, etc.), shall be delivered upon Closing as defined in Paragraph 1(m) unless otherwise provided below: a Buyer Possession Before Closing Agreement is attached (Standard Form 2A7 -T) a Seller Possession After Closing Agreement is attached (Standard Form 2A8 -T) Possession is subject to rights of tenant(s) (NOTE: Consider attaching Additional Provisions Addendum (Fort 2A-11= I) or Vacation Rental Addendum (Form 2A13 -T)) 15. OTHER PROVISIONS AND CONDITIONS: CHECK ALL STANDARD ADDENDA THAT MAY BE A PART OF THIS CONTRACT, IF ANY, AND ATTACH HERETO. ITEMIZE ALL OTHER ADDENDA TO THIS CONTRACT, IF ANY, AND ATTACH HERETO. NOTE: UNDER NORTH CAROLINA LAW, REAL ESTATE BROKERS ARE NOT PERMITTED TO DRAFT CONDITIONS OR CONTINGENCIES TO THiS CONTRACT. Additional Provisions Addendum (Form 2A 11-1) Additional Signatures Addendum (Form 3-T) Back -Up Contract Addendum (Form 2A1 -T) Contingent Sale Addendum (Form 2A2 -T) FHAIVA Financing Addendum (Form 2A4 -T) Loan Assumption Addendum (Form 2A6-1) New Construction Addendum (Form 2A3 -T) Seller Financing Addendum (Form 2A5 -T) Short Sale Addendum (Form 2A14 -T) .._ Vacation Rental Addendum (Form 2A 13-1) Lead -Based Paint Or Lead -Based Paint Hazard Addendum (Form 2A9 -T) X OTHER: 1) Seller will install glass door on master bath shower at cost and buyer will pay for it 2) Mirrors missing from bathrooms will be installed. 3) All defects in sheetrock and paint will be repaired during due diligence period. 4) Seller will add dead bolt to closet in entryway. 16. ASSIGNMENTS: This Contract may not be assigned without the written consent of all patties except in connection with a tax- deferred exchange, but if assigned by agreement, then this Contract shall be binding on the assignee and assignee's heirs and successors. I 7 .TAX-DEFERRED EXCHANGE: In the event Buyer or Seller desires to effect a tax-deferred exchange in connection with the conveyance of the Property, Buyer and Seller agree to cooperate in effecting such exchange; provided, however, that the exchanging party shall be responsible for all additional costs associated with such exchange, and provided further, that a non -exchanging party shall not assume any additional liability with respect to such tax-deferred exchange. Buyer and Seller shall execute such additional documents, including assignment of this Contract in connection therewith, at no cost to the non -exchanging patty, as shall be required to give effect to this provision. 18. PARTIES: This Contract shall be binding upon and shall inure to the benefit of Buyer and Seller and their respective 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. 19.SURVIVAL: If any provision herein contained which by its nature and cfTect 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. Page 9 of 12 Buyer initials 0`--' titc_ Seller initials Trus form pM&Md by' F0rii>f `0 SMA99.9472 STANDARD FORM 2-T Revised 7/2015 0712015 jocuoign tnvetope iu ��r��to�o ouio �+roa-ouo�-uooru�uo�,too 20. ENTIRE AGREEMENT: This Contract contains the entire agreement of the parties and there are no representations, inducements or other provisions other than those expressed herein. All changes, additions or deletions hereto must be in writing and signed by all parties. Nothing contained herein shall alter any agreement between a RLALTOR01 or broker and Seller or Buyer as contained in any listing agreement, buyer agency agreement, or any other agency agreement between them. 21. CONDUCT OF TRANSACTION: The parties agree that any action between them relating to the transaction contemplated by this Contract may be conducted by electronic means, including the signing of this Contract by one or more of them and any notice or communication given in connection with this Contract. Any written notice or communication may be transmitted to any mailing address, e-mail address or fax number set forth in the "Notice Information" section below. Any notice or communication to be given to a party herein, and any fee, deposit or other payment to be delivered to a party herein, may be given to the party or to such party's agent. Seller and Buyer agree that the "Notice Information" and "Acknowledgment of Receipt of Monies" sections below shall not constitute a material part of this Contract, and that the addition or modification of any information therein shall not constitute a rejection of an offer or the creation of a counteroffer. 22. EXECUTION: This Contract may be signed in multiple originals or counterparts, all of which together constitute one and the same instrument. 2 3 .COMPUTATION OF DAYS/TIME OF DAY: Unless otherwise provided, for purposes of this Contract, the term "days" shall mean consecutive calendar days, including Saturdays, Sundays, and holidays, whether federal, state, local or religious. For the purposes of calculating days, the count of "days" shall begin on the day following the day upon which any act or notice as provided in this Contract was required to be performed or made. Any reference to a date or time of day shall refer to the date andfor time of day in the State of North Carolina. THE NORTH CAROLINA ASSOCIATION OF REALTORS40, INC. AND THE NORTH CAROLINA BAR ASSOCIATION MAKE NO REPRESENTATION AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION OF THIS FORM IN ANY SPECIFIC TRANSACTION. IF YOU DO NOT UNDERSTAND THIS FORM OR FEEL THAT IT DOES NOT PROVIDE FOR YOUR LEGAL NEEDS, YOU SHOULD CONSULT A NORTH CAROLINA REAL ESTATE ATTORNEY BEFORE YOU SIGN 1T'. This offer shall become a binding contract on the Effective Date. Unless specifically provided otherwise, Buyer's failure to timely deliver any fee, deposit or other payment provided for herein shall not prevent this offer from becoming a binding contract, provided that any such failure shall give Seller certain rights to terminate the contract as described herein or as otherwise permitted by law. Date: Buyer: C--/ C/t:-G-b Alexander Corteselii Date: Buyer: Karen P. Corteselli Entity Buyer: (Name of LLC/Corporation/PartnershipfTnist/etc.) By: Name: Title: Date: mL- ta„ r br FarnxdaVW 4" 800-49M 612 Date: 1/9/2016 rpowSi9ned by Seller: I � Date: Seller. Entity Seller: CJL Partners (Name of LLC/Corporation/PartnershiprTrust/etc.) By: Name: Title: Date: Page 10 off2 STANDARD FORM 2-T Revised 7/2015 07/2015 jocuoign cnveiupe iu i�ni�o�,o-ov�o �tr�y-tsuoc-woru�vo�,�o� NOTICE INFORMATION NOTE: INSERT THE ADDRESS ANWOR ELECTRONIC DELIVERY ADDRESS EACH PARTY AND AGENT APPROVES FOR THE RECEIPT OF ANY NOTICE CONTEMPLATED BY THIS CONTRACT. INSERT "NIA" FOR ANY WHICH ARE NOT APPROVED. BUYER NOTICE ADDRESS: Mailing Address: Buyer Fax##: _ Buyer E-mail: SELLING AGENT NOTICE ADDRESS: SELLER NOTICE ADDRESS: Mailing Address: Seller rax#: _ Seller E-mail: LISTING AGENT NOTICE ADDRESS: Firm Name: Landmark Sotheby's Intemational Realty Firm Name: Landmark Sotheby's Intemational Realty Acting as , . Buyer's Agent , Seller's (sub)Agent X Dual Agent Acting as-_ Seller's Agent X Dual Agent Mailing Address: Mailing Address: Individual Selling Agent: _ Dean Phillips Individual Listing Agent : Nick Phillips -Acting as a Designated Dual Agent (check only if applicable) : __ Acting as a Designated Dual Agent (check only if applicable) License # 262891 Selling Agent Phone#: 910-650-7459 Selling Agent Fax#: 910-328-2531 Selling Agent E-mail., _ dean@landmarksircom. License d#: Listing Agent Phone'": Listing Agent Fax#:_ Listing Agent E-mail: (THIS SPACE INTENTIONALLY LEFT BLANK] Page I l of 12 Th,s 10rM produood by. Fot'tMdafor0 800-499-9612 STANDARD FORM 2-T Revised 7/2015 (D 7/2015 jocuoigp tnveiope w nor+i�ai,o-ouzo ria-ouoc-uoorvava� too ACKNOWLEDGMENT OF RECEIPT OF MONIES Seller. Alexander Corteselli and Karen P. Corteselli ("Seller") Buver: Alexander Corteselli and Karen P. Corteselli ("Buyer") Property Address: 330 Oceanaire Lane Surf City, NC 28415 ("Property") ----------------------------------------------------------------- LISTING AGENT ACKNOWLEDGMENT OF RECEIPT OF DUE DILIGENCE FEE Paragraph 1(d) of the Offer to Purchase and Contract between Buyer and Seller for the sale of the Property provides for the payment to Seller of a Due Diligence Fee in the amount of S , receipt of which Listing Agent hereby acknowledges. Date Firm: Landmark Sotheby's Intemational Realty By: (Signature) Nick Phillips (Print name) ----------------------------------------------------------------- SELLER ACKNOWLEDGMENT OF RECEIPT OF DUE DILIGENCE FEE Paragraph I (d) of the Offer to Purchase and Contract between Buyer and Seller for the sale of the Property provides for the payment to Seller of a Due Diligence Fee in the amount of $_ 200.00 , receipt of which Seller hereby acknowledges. Date Seller: (Signature) Date Seller: (Signature) ----------------------------------------------------------------- ESCROW AGENT ACKNOWLEDGMENT OF RECEIPT OF INITIAL EARNEST MONEY DEPOSIT Paragraph 1(d) of the Offer to Purchase and Contract between Buyer and Seller for the sale of the Property provides for the payment to Escrow Agent of an Initial Earnest Money Deposit in the amount of S . Escrow Agent as identified in Paragraph 1(f) of the Offer to Purchase and Contract hereby acknowledges receipt of the Initial Earnest Money Deposit and agrees to hold and disburse the same in accordance with the terms of the Offer to Purchase and Contract. Date Firm: By: (Signature) (Print name) ESCROW AGENT ACKNOWLEDGMENT OF RECEIPT OF (ADDITIONAL) EARNEST MONEY DEPOSIT Paragraph 1(d) of the Offer to Purchase and Contract between Buyer and Seller for the sale of the Property provides for the payment to Escrow Agent of an (Additional) Earnest Money Deposit in the amount of S 4800.00 Escrow Agent as identified in Paragraph I(t) of the Offer to Purchase and Contract hereby acknowledges receipt of the (Additional) Earnest Money Deposit and aerces to hold and disburse the same in accordance with the terms of the Offer to Purchase and Contract. Date Firm: j1-2 Page 12 of 12 This i ItiTE Produme, by.Fornudaftr 0 Soo -09B-9012 (Signature) (Print name) STANDARD FORM 2-T Revised 712015 0712015 tocuoigrl r_nveiope iu. 7Jtiizt5uo-outo-4roer-ouor--uooru,)voutoi 5--�0¢q/ STATE OF NORTH CAROLINA MINERAL AND OXL AND GAS RIGHTS MANDATORY DISCLOSURE STATEMENT Instructions to Property Owners L The Residential Fmpmty Disclosu m AlU (G.S. 47i3) ("Disclosure Act") requires owners of certain residential real cstatc such as singio- family home& individual condominiums, townhouses, and the like, and buildings with up to four dwelling units, to furnish purchasers a Mineral and Oil and (las Rights Isclosure Statement ('0isclosurc Statement). This form is the only one approved for this purpose. 2. A disclosure statement is not required for same transactions. For a complete list of cxcmptions, sec G.S. 47E -2(s). A DISCLOSURE STATEMENT IS RP-OU112I,0 MR THE TRANSFERS IDENTIFIED IN G.S. 47E-2Ih1. iaOuding uansfers involving the firs sale of a dwelling never inhabited., lease with option to purchase contracts where the lessee occupies or intends to occupy the dwelling„ and transfers between parties when both parties agree not to provide the Residential Property and Owner's Association Disclosure Statement. 3. You must respond to each of the following by placing a check v in the appropriate box. NUNERALAND OILAND GAS RIGHTS DISCI.OSI RE Mineral rights and/or oil and gas rights can he severed from the title to real property by conveyance (deed) of the mineral rights and/or oil and gas rights from the owner or by reservation of the mineral rights and/or oil and gas rights by the owner. If mineral rights and/or oil and gat rights are or will be severed from the property, the owner of those rights may have the perpetual right to brill, mine, explore, and remove any of the Subsurface mineral and/or oil or gas resources on or from the property either directly from the surface of the property or from a nearby location. Witb regard to the severance of mineral rights anchor oil and gas rights, Seller make's the following d"rselasures: No No Representation U Yes 1. Mineral rights were severed from the property by % previous owner. Lµ Buyer Initials 1-14r— _4 ,,� 2_ Seller has severed the mineral rights from the property. Buyer Initials X Y _ 3. Seiler intends to sever the mineral rights from the property prior to I 1 Rover Initials transfer of title to the Buyer. Qe 4. Oil and gas rights were severed from the property by a previous owner. Buyer Initials fflnf -S, Seller has severed the oil and gas rights from the property. L} yer Initia Buyer ls uy� W- C? r 6. Seller intends to sever the oil and gas rights from the property prior ! Buyerinitials to transfer of title to Buyer. No No Representation U X X X X X X Note to Purchasers � If the owner does not give you a Mineral and Oil and Gas Rights Disclosure Statement by the time: you make ,our offer to i purchase the property, or exercise an option to pwvju se the property pumiant to a lease with an option to purchase, you may under certain conditions cancel any resulting contract without penalty toyou as the purchaswr: To car►cel the contract, you must + personally deliver or mail written noticx of your docision to cancel to the owner or the ownce's agent within three calcndar days following your receipt of this Disclosure Statement; or three calendar days following the dab: of the contract, whichever occults first. Ifowcvcr, in no event does the Disclosure Act perm it you to cancel a contract after settlernmt of the transaction or ' (in the case of a sale or exchange) aRc r you have occupied the property, whichcwer occurs ii si - Y Prqpt-rty Address: 330 Oceanaire Lane Surf CiNG 28445 OwneesName(s): C.iL Partners Owmcr(s) acknowledge having examined this Disclosure .Statement before signing and that all irgorma6on is true and correct as of the, date signed E,;Z: sar,�a by Owner Signature:: f Date 1/9/2016 �1 .. —�C3F7EDB704C844A. O-vYlrer Signairure; T� i,fale Purchaver(s) a&rjw1edQe rereipt of a colF of this Disclosure Sfatement,that 1hcy hcw awmined it heror+e signing, that they understand that this is not a warrmir ; by awner orruwner"s agcwt,- and that The reBreserdafiorn are made tiv the owner and not the owner's agew(s) or suhagent(s), a .--2 %% .% 7 Purchaser Signature: Purchaser This fam pm&ced by W"99-rW Date l 1 Date_ 19 RLC 4..5 U1115 N. SITE "'rt ati cat; �A Sources: Esri, HERE, DeLorme, USGS, Intermap, increment P Corp., NRCAN, Esri Japan, METI, Esri China (Hong Kong), Esri (Thailand), TomTom, Mapmylndia, © OpenStreetMap contributors, and the GIS User Community 3oundaries are approximate and are not meant to be absolute. Map Source: ArcGIS World Street Map Oceanaire Estates; Lot 19 Pender County, NC LMG NU MANMO MLN I (;kti( , www.lmgroua.net February 2016 3805 Wrightsville Avenue LMG # 01-15-156 Wilmington, NC 28403 Phone: 910.452.0001 Fax: 910.452.0060 SCALE 1" = 1 mile Figure 1 Vicinity Map y be V: k., XNW.4_1 J Boundaries are approximate and are not meant to be absolute. Map Source: USGS Holly Ridge Quad 7.5 minute (1997) Oceanaire Estates; Lot 19 Pender County, NC LMG `.�I�A1:\N�\(�L www.I mgro up net February 2016 3805 Wrightsville Avenue LMG # 01-15-156 Wilmington, NC 28403 Phone: 910.452.0001 Fax: 910.452.0060 I k a+ a 0000 2013«Nationa4 Geogra0hie58ciety, -cu ed SCALE 1" = 500' Figure 2 USGS Topographic Map Le end NkE: Newhan-Corolla Ca: Carteret fine sand {Boundaries are approximate and are not meant to be absolute. Map Source: NRCS Soil Survey Oceanaire Estates; Lot 19 Pender County, NC February 2016 LMG # 01-15-156 LMG 1.'I 11AN\t I VII NI K- I' www.lmgrouD.net 3805 Wrightsville Avenue Wilmington, NC 28403 Phone: 910.452.0001 Fax: 910.452.0060 SCALE 1" = 400' Figure 3 Soils Map 3oundaries are approximate and are not meant to be absolute Map Source: 2012 NC OneMap Aerial Photography Oceanaire Estates; Lot 19 Pender County, NC LMG ANIt MAN�\I;L.MLN'I i;RM P - www.lmgroul).net February 2016 3805 Wrightsville Avenue LMG # 01-15-156 Wilmington, NC 28403 Phone: 910.452.0001 Fax: 910.452.0060 SCALE 1" = 100' Figure 4 2012 Aerial Photograph (house has since been built on site) rho RECEIPT r ,, Sep, ttm tw 19 14 RonBryan' P 'Box 2658 &Urf City. .NC 2844 ` VQ#: EES' _2tC Amount Pai& S14,6'7600 Check Number: 18-41 ,�. ra r,. +, .{„ rw .+.,,^ at `i _ ° G:oS a � (, : a... " % I [S If a.` - 4C"? 'r, ::w s"< WYE wi'...�:s`�1C:iS -d 4 bov dS p"`tiy'<tW The -og t. 3 t os -,Sit V s[ x i si?Ci d;f3` ' iti L# A s#ia rCrquir�`-t"i cnm of the 4f`� ��' :£d ° s < $�y � $ �a Si �i i8 � a" `Cra �S �4i� �C�I ��z4 `Sa§1 v� ki <* You MI pis 'c�t�. With all tdit, : ac,t The ET, aclanowWges diathe NCE= a s resp"' illic `�```#if 4 tf5t, t. -P.6#.. 71VirWii atiVn will t* r-,:-,fP3Ycd L �fl� E a' i3 1 hxl :a..;�,:xx v .#! ' c l is,. .. `Pv. 35 tsrax^ i , ? s� i1i$4 Credits _< i3 X d &> 1 .F tva` Basiij 1 E Cold CoO, 1 i { 1f 0. G3 L 3iJ fO,97 $ j € y k� a1 -w' VA�'i` its isaie t"P ti#;::,c'�C�W'#1 hiSi�i��"i+.f ^�t.'ai d 3 �g�', �Y� � 'F1tT fcnbita ,;1le i:-3€iy5S E'i iqlY"s: for ?tits 2 : C. £:tE ( f t;he rice I , Arm 5 8%i 3Ca�itt- t tru5 £ s.= X,,,. ° Liter x :. t"d i€.'.�tliFed, If' -, ?U have f7om x � t$ x?3�x i s nctd additionzi Info-Ifn tioll, P.C'5e ac ta4a f K- Wt XXV Act Pro ar "d -e= 3Qdci t°�fs3tftCGS'i%; fi?It3i€T2€ii P`i#Cfgs#!,'ft?.ga+�iCts£CStLf, SITE � 9� �y 9yoyc s o;p S• 50 tJC N ATLANTIC OCEAN IVICINITY SKETCH I NOT TO SCALE NQIE DWELLING IS A TWO STORY VINYL ON PILINGS OVER CONCRETE SLAB PARTIALLY ENCLOSED BELOW CURVE TABLE CURVE i LENGTH RADIUS CHORD I BEARING Cl 36.36' 45.00' 35.38' 1 N59 -16.53"W 00 o 19 0 r_ CRES � M Z COASTAL WETLANDS DELINEATION M.B. 53, P. 80 EDGE OF RIPRAPI­-*�, LOT 18 OCEANAIRE ESTATES M.B. 53, P. 80 o /"5"r 1 r�� A S '� i i C n tK: LINE TABLE LINE / LENGTH DIRECTION L1 16.63' N48'55'42"E L2 24.40' N63'36'14"E 6.97' S85'47'24"E EL5 22.46' N46'21'30"E 24.02' N6848'20 "E 00 o 19 0 r_ CRES � M Z COASTAL WETLANDS DELINEATION M.B. 53, P. 80 EDGE OF RIPRAPI­-*�, LOT 18 OCEANAIRE ESTATES M.B. 53, P. 80 o /"5"r 1 r�� A S '� i i C n tK: L ' ° NOTE 3 2 A 10' UTILITY EASEMENT EXISTS x ALONG THE FRONT OF ALL LOTS TAX ID 4234-04-7905-0000 U J LLJ M za_ Q I J Ld Q EMN cy__ = Q 0 1 Z Q Ld U \ 0 o Ln "tI EIR N66 0336„ TOPSAIL SOUND E 40.44 N H _ ; Ati �M ,CA`30' g`R u7 LTJ 0 oT n � of � O ` In COASTAL WETLANDS MA 75, Cb _/ tS L1 L2 R' UPLANDS 404 WETLANDS g '21 / 1° UPLANDSjpj Yr / \� w Lo EIR olp�\o' os� �� �ilp > ti NN�Q� 43.60' EI 0 F 0 w c� Lu Z J J �a m � D_ � a 0 Z I- w J o N 53109, �p"W REFERENCES OWNERS TITLE SOURCE no D.B. 4405, P. 65 CJL PARTNERS, INC. D.B. 4405, P. 65 0 ro N wmoo o ALL POINTS NON MONUMENTED Z THIS IS TO CERTIFY THAT THE SUBJECT PROPERTY IS = UNLESS OTHERWISE NOTED L ' ° NOTE 3 2 A 10' UTILITY EASEMENT EXISTS x ALONG THE FRONT OF ALL LOTS TAX ID 4234-04-7905-0000 U J LLJ M za_ Q I J Ld Q EMN cy__ = Q 0 1 Z Q Ld U \ 0 o Ln "tI EIR N66 0336„ TOPSAIL SOUND E 40.44 N H _ ; Ati �M ,CA`30' g`R u7 LTJ 0 oT n � of � O ` In COASTAL WETLANDS MA 75, Cb _/ tS L1 L2 R' UPLANDS 404 WETLANDS g '21 / 1° UPLANDSjpj Yr / \� w Lo EIR olp�\o' os� �� �ilp > ti NN�Q� 43.60' EI 0 F 0 w c� Lu Z J J �a m � D_ � a 0 Z I- w J o N 53109, �p"W REFERENCES OWNERS TITLE SOURCE ZONED R-5 D.B. 4405, P. 65 CJL PARTNERS, INC. D.B. 4405, P. 65 ZONING SETBACKS N M.B. 53, P. 80 FRONT = 15' wmoo o REAR = 20' Z THIS IS TO CERTIFY THAT THE SUBJECT PROPERTY IS SIDE = 7.5' LOCATED IN FLOOD ZONE "AE" (EL=8.0'+1') WHICH 14 IS A SPECIAL FLOOD HAZARD AREA AS ni DETERMINED BY THE FEDERAL EMERGENCY MANAGEMENT N AGENCY, AND THE NATIONAL FLOOD INSURANCE PROGRAM. COMMUNITY 37204234o0�ER . FEBRUARY 16, 2007 330 I OCEANAIRE LANE PRO,ECT NUMBER I, CHARLES FRANCIS RIGGS , P��tp!~Hs81mN4 LAND o SURVEYOR, DO HEREBY C Y jH AV ❑ SURVEYED THE F OPERTY��A I f�AN N, ACCORDANCE WITH THE��T FOR LAND SURVEYING AVS 'iH i THE RAT10 OF PRECI*N CULATE LATITUDES AND DEPARTUR� 1. J c� mr L-2981 cr• c 0 m h 'f� RA a• LOT 20 OCEANAIRE ESTATES M.B. 53, P. 80 m 0 a m m w U N D R W Z (o cr C0 ) Z � � LL a C' J wmoo o cnn n J w z NQM MAXIMUM ALLOWABLE BUILT UPON: 1768 Sq.Ft. M.B. 43, P. 80 & AS PERMIT / SW8 020109MOD NDM EXISTING DWELLING & 12" EAVES = 1371 Sq.Ft. EXISTING GRAVEL DRIVE = 371 Sq.Ft. EXISTING TOTAL IMPERVIOUS SURFACE = 1742 Sq.Ft. TOTAL LOT AREA = 64408 Sq.Ft. EXISTING IMPERVIOUS AREA = 2.7% I FGFNQ CC = CONTROL CORNER ECM = EXISTING CONCRETE MONUMENT (FOUND)(CONTROL CORNER) EIP = EXISTING IRON PIPE (FOUND) EIR = EXISTING IRON ROD (FOUND) EMN = EXISTING MAGNETIC NAIL (FOUND)(CONTROL CORNER) EPK = EXISTING PARKER-KALON NAIL (FOUND)(CONTROL CORNER) ERRS = EXISTING RAILROAD SPIKE (FOUND) MBL = MINIMUM BUILDING LINE NMP = NON MONUMENTED POINT R/W = RIGHT OF WAY SCM = SET CONCRETE MONUMENT (CONTROL CORNER) SIP = SET IRON PIPE SIR = SET IRON ROD SMN = SET MAGNETIC NAIL (CONTROL CORNER) SPK = SET PARKER-KALON NAIL (CONTROL CORNER) = CENTERLINE 13-11-23 BOUNDARY & PHYSICAL SURVEY FOR Flab SURVEY DATE CJL PARTNERS, I N C NOV 6, 2015 OPPM16 DATE FEB 11, 2016 LOT 19 DltA%N BY. OCREANAIRE ESTATES PHASE 3 XIEOCM Bw TOPSAIL TOWNSHIP, PENDER COUNTY, NC MD BOW/PM: CHARLES F. RIGGS & ASSOCIATES, INC. (C-730) 822/40 502 NEW BRIDGE STREET LANDFALL EXECUTIVE SUITE 217 P.O. BOX 1570 1213 CULBRETH DRIVE 9ME JACKSONVILLE, NC 28540-1570 WILMINGTON, NC 28405 1" = 30' TELEPHONE: (910) 455-0877 TELEPHONE: (910) 681-744 E-MAIL: nggslandOriggslandnc.com