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HomeMy WebLinkAbout20020013 Ver 1_General Major Variance_20020107i .-~_ SUNBELT ASSOCIATES REAL ESTATE INC. `~ ~ ~ ~ ~ ~ ,yj BUYER'S AGENTS Mr. Bob Zaraecki December 31, 2001 DWQ 401/Wetlands Certification Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Dear Bob: I understand from Deborah Sawyer that the previous "General" Variance Application that was submitted in the beginning of November cannot be located. This is a duplicate application for Mr. & Mrs. Richard Schneider that I am submitting on their behalf. As you will see from the enclosed application and the attachments, the problem here is that there is a fringe of coastal vegetation that occurs on the watermost north side of the lot and extends almost 200' landward from the water. The septic permit that was obtained when this lot was created occurs on the south side of the lot about 195' back from the water. At the time this lot was created, there was enough area between the septic system and the water for a house location. The coastal vegetation has been delineated by DCM and Zone I and Zone II of the Neuse River Buffer are shown on the survey which is attached to the application. As you will see, with the 50' buffer in place, there is no longer any room to site a home at this location. Mr. & Mrs. Schneider have obtained several permits over the years and copies of their septic permit and their Major LAMA permit are attached to the application. They are asking a variance to encroach into Zone II only. I am also enclosing a copy of an Offer to Purchase and Contract for the sale of this lot which was signed back on October 30, 2001, and which is specifically conditioned upon the Seller obtaining a "General" Major Variance into Zone II. Your help in obtaining this variance would be greatly appreciated. Ver truly you , is an~r~ Cc: Deborah Sawyer Broad Street, Post Office Box 729. Oriental, North Carolina 28571 •252-249-2867.1-800-334-4694 Fax: 252-249-1015 ~ E-mail: sunbelt@coastalnet.com Visit Our Web Site: http://www.pamlieo-ne.com/sunbelt.htm Sailing Capital of North Carolina OFFICE USE ONLY: Date Received Request # State ~f North Carolina . Department of Environment and Natural Resources Division of Water Quality 1 "General" Major Variance Application Form - From the Neuse and Tar-Pamlico Riparian Buffer Protection Rules for residential structure on existing lots within the coastal counties as defined by the Coastal Area Management Act (As approved by the Water Quality Committee of the Environmental Management Commission on 5/9/2001) ;, ...... pis.:;:;~i...~..~;~:i;~w.,.;.~... ,,..... ~.+ax.~+aa:... .....e.......~y... . y.# .... ~~........ - err .. Please identify which Riparian Area Protection Rule applies. ~ Neuse River Basin: Nutrient Sensitive Waters Management Strategy Protection and Maintenance of Riparian Areas Rule (15A NCAC .0233) o Tar-Pamlico River Basin: Nutrient Sensitive Waters Management Strategy Protection and Maintenance of Riparian Areas Rule (15A NCAC .0259) >...ry . ~ Q.1' -.Hti.<.: v..;~.:?a<b:•i)}isa6~rw+ii`.>v~:i$~itiil2Fa~:!b.Mtii l>:~!9-2i?Dwxi2.t }.:Fytx»$:>q»lYv,NYtii~iE:~ti Nf>,fN.Fi+..i..'>J:2Y.'fiY..:':')n?ZF:xYfM`AN?1:TXYt<fo",ti~:lldMXiim:'iiAri~inRO:tei`r .Y..t \5~ti...l .. NorE: To constitute a complete application, all of the information requested in this form must be provided. Incomplete applications wll! be returned to the applicant. The original and two copies of the completed "General" Var/ance Application Form and any attachments must be sent to the DWQ 401/WeUands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650, 919-733-1786 to constitute a complete submittal. This form may be photocopied for use as an original. Part 1: General Information (Please include attachments if the room provided is insufficient.) 1. Applicant's name (the corporation, individual, etc. who owns the property): RICHARD C. SCHNEIDER and JUDITH ANN SCHNEIDER 2. Print Owner/Signing Official (person legally responsible for the property and its compliance) Name: RICHARD C. SCHNEIDER Title: OWNER Street address: 560 Thra Ave . City, State, Zip: Suffield. CT 06078 _ Telephone: (,,~„0,~,)_ -668-9949 Fax: (.,8,60„) 668-3720 3. Contact person who can answer questions about the proposed project: Name: Nick Sant;<cro Telephone: (..~.~.2..)_ 249-2867 FaX: ~,..Z..~.2..~ 240-1015 "General" Variance Application Form Version 1: May 2001 Email: sunbeltC~coastalnet . com 4. project Name (Subdivision, facility, or establishment name -consistent with project name on plans, specifications, letters, operation and maintenance agreements, etc.): a Deimo Subdivision, Pamlico County 5. Project Location: Street address: 3636 Brown Creek Rd. City, State, Zip: Merritt, NC 28556 County; Pamlico County Latitude/longitude: 35 05.7 N, 76 6, Directions to site from nearest major intersection (Also, attach an 8'/ x 11 copy of the portion of the USGS topographic map indicating the location of the site): Trent Rd. E to Straight Rd. N to Brown Creek Rd. S. 7. Stream to be impacted by the proposed activity: Stream name (for unnamed streams label as "UT" to the nearest named stream): Stream classification [as identified within the Schedule of Classifications 15A NCAC 2B .0315 (Neuse) or .0316 (Tar-Pamlico)J: _ perennial waterbody 8. Which of the following permits/approvals will be required or have been received already for this project? Required: Received: Date received: Permit Type: ~_ x 1998 CAMA Major CAMA Minor 401 Certification/404 Permit --x- -~ -1L~~/95 On-site Wastewater Permit Active Connection to Sanitary Sewer System NPDES Permit (including stormwater) Non-discharge Permit Water Supply Watershed Variance Others (specify) Part 2: Proposed Activity (Please include attachments if the room provided is insufficient.) Description of proposed activity [Also, please attach a map of sufficient detail (such as a plat map or site plan) to accurately delineate the boundaries of the land to be utilized in carrying out the activity, the location and dimension of any disturbance in the riparian buffers associated with the activity, and the extent of riparian buffers on the land. Include the area of buffer impact in ftz.: The owners ropose to construct a single family residence ' 30' foot rint (1200 sq ft. of w is sq ft 'n Zone II of Neuse River Buffer. a ouse will ' from mean hi h water and no closer an coastal vegetation as determine y si 0/22/01. "General" Variance Application Form, page 2 n.c.s.x. uai >~,.~..... q & cy Pw r ~~ \''i BRpWt7S `. r 't ~:~s, . R R -a~ OCE: Ly' Ro,~ Vicinity Map W "A" To "M" REGULATORY DELINEATION Bearing S 13°31'18"W S 76°19'57"W S 80 °54 ' 35 "ii S 69°45'26''W S 66°53'23 "AI S 41 °40' S2 "ii S 85 °i8' 00 "w S 69°01'44 "w S 58°53'04 "W S 25°10'49"AI S 11 °28' 42 "TI S 3 °42' 49 "TI Distance 11.38' 19.59' 21.61' 23.94' 28.84' 18.20' 12. 78' 22.29' 28.21' 18.00' 26.70' 7.57' IPS ................................ ......IRON F IPF ................................ ......IRON F DB .............................. ......DEED 1 PG ............................... ..... PAGE PP .............................. .....P0~1'ER R/V1' ............................ ......RIGHT CMS ........................... ......CONCF CMF ........................... .......CO'~C: x x--x ~- FF ~.. ~.. ,.. ,.. I :' ,.. ,~ ,.. ~~~~ 1 ' ,~/ ~~ . - ~• -~• ~~ x ~.. .~ ~ ~ • Ogren • i'~ Db. 313, Pg. 644 ~ ~ I~ ~~ ~: Lot 1 Rosa Deimo Subdvn. ~ w P1. Cab . A, S1. 95- 7 ''- ~~ ~ j ~1 N .. A ° `_......~••--~..~....._. ~ N 86°06'49"N - ~D w f coos al~ h "A' r ,~, / 537.28' °_ °o . w I ~~~ = pc ' ~ oao I 'GL ~ N, 50' riparian buffer I ~ _~ °cy N ~ 1 -- Lot 1 ~o "~ yore -}• ~/ ~ Plat Cab. A, Slide 95-7 ~ ~ 1 ~fl ~ ~ r ~ ~ ,c"a v! Araa: 2. 76 Acres IPF Sr( 4 N 88 °12' 05 "W "M" ~ ~~- 642.48' 114. •~••_..-..-..-..-. -.. ~- / ~ 214.0'ditch is +/- 5' south of /' property boundary o~ a' ~~ ,,.4'- Sparacino ca Db . 310, Pg. 941 ~5 Lot 1, Old Lupton Landing I Phase II is Fornes, Professional Land Surv®ying, P.O. Box 12947, Nev Bern, N. C. 28561 Telephone: (252) 249-0488 f C /a. c.~ ~ ~ - t (~ ~~ r PAMLICO COUNTY HEALTH DEPARTMENT ENVIRONMENTAL HEALTH SECTION BAYBORO, NORTH CAROLINA 28515 IMPROVEMENTS PERMIT Permit valid for 5 years ISSUED T0: Sunbelt Associates PERMIT # __4.710-~. ADDRESS: P.O. Boz 880 RECORD # 4710 Oriental N.C. 28571 MAP # K071-8 REGISTERED PLAT: MAP BOOK N/A PAGE N/A DATE_ N/A REGISTERED DEED: DEED BOOK N A PAGE N/A DATE N/A SUBDIVISION: Rosa Deimo LOT # 2 TOWN: Whortonsville N C SR # 1325 LOCATION DIRECTIONS Lot an west side of SD7~7S ~,,,,.,.,..:.~.,+,,,.. THIS PERMIT IS HEREBY ISSUED TO SERVE A: HOUSE (xxx) MOBILE HOME ( ) OTHER ( ) #BEDROOMS: 3 #FACTORS 360GPD WATER SUPPLY: (x) PUBLIC OR (x) PRIVATE 100 feet from any part of septic system SITE CLASSIFICATION: ( ) SUITABLE (xzx) PROVISIONALLY SUITABLE LAND DRAINAGE: ( ) SUGGESTED ( ) NECESSARY ( ) DITCH NECESSARY ( ) SUB-SURFACE TILE NECESSARY set deep and ( ) TRENCH ROCKED TO WITHIN 1'OF GROUND SURFACE and ( ) WITH POLYURITHANE CURTAIN: FRENCH DRAIN and ( ) FINISHED AT OUTFACE W/ SOLID PIPE & SCREEN and ( ) FINISHED AT OUT FALL W/ CHECK VALVE ««« If land drainage is necessary, you may need to contact CAMA or The Army Corps of Engineers for appropriate Permits DESIGN:( ) LOCATION OPTIONAL (xxx) LOCATION AS SPECIFIED ON PLOT PLAN ( ) CONVENTIONAL SYSTEM:(ref.1955) 18"X 3'trench, rock 12"deep nitrification lines on 9' centers (xxx) SHALLOW SYSTEM:(ref.1956) trench 36 " wide, rack 12"deep, ««« add fill = 6" sail cover, rock to natural ground surface ( ) MOUND SYSTEM:(ref.1950b) trench 18" deep R " wide in suitable fill extending ' beyond any part of system «*« 6" depth of FILL; pump necessary if unable to gravity feed ««• If fill material is prescribed, you may need to contact The Army Corps of Engineers or CAMA for appropriate permits. ( ) LPP SYSTEM:(ref.1957) see comments for design criteria ( ) BED SYSTE!!:(ref.1955d) see comments for design criteria ( ) OFF-SITE DISPOSAL:(ref.1957) see comments for design notes 1000 gal SEPTIC TANK gal PUMP TANK ( ) GREASE TRAP 900 SQUARE FEET NITRIFICATION FIELD or NITRIFICATION BED 300 LINEAR FEET NITRIFICATION LINE; 3(100') Lines XX) COMMENTS: GFNRRAr.. e nuunur:u SYS'rr:[t: HEIGHT = ~- A X ' CROWN AREA; X ( ) COMMENTS: LOW PRESSURE PIPE SYSTEMS• ` PUMP AND SEPTIC TANKS TO BE WATERTIGHT WITH RISERS ON ALL CHAMBERS r ADDITIONAL FOR ALL SYSTEMS: LANDSCAPE SYSTEM AREA FOR SURFACE WATER RUNOFF AND GRASS DO NOT PLACE DRIVE OR ANY BUILDING OVER SYSTEM AREA OBSERVE ALL PROPER SETBACKS: ref .1950 TANKS MUST BE PUMPED CLEAN AS A PART OF ANY SYSTEM REPAIR. DISC NATURAL GROUND BEFORE INSTALLATION OF ANY FILL ALARM & ON-OFF FLOATS ON PUMPS MUST BE ON SEPARATE CIRCUITS * IF BUILDING AREA EXTENDS INTO SYSTEM AREA THIS PERMIT WILL BE INVALID * IF ANY OTHER REGULATORY AGENCY DENIES PERMITS FOR LAND ALTERATIONS AS DESCRIBED HEREIN, THIS PERMIT WILL BE INVALID PLOT PLAN MUST NOT BE ALTERED UNLESS BY SANITARIAN APPROVAL *************************ic***** PLOT PLAN *****t*********************** *DO NOT DRIVE ON TANK, SYSTEM, OR REPAIR. BUILDING AREA TO BE GREATER THAN FIVE FEET FROM TANK SYSTEM AND REPAIR VIOLATIONS WILL VOID PERMIT* See Addendu' Sheet ikl for Plot Plan. ~_ TE STEPHEN D. LANE ENVIRONMENTAL HEALTH SPECIALIST ALL SEPTIC SYSTEMS MUST BE INSPECTED & RECEIVE APPROVAL BY THE LOCAL HEALTH DEPARTMENT BEFORE BEING COVERED OR PLACED INTO USE AND NO ELECTRICAL CONNECTION SHALL BE ALLOWED UNTIL APPROVAL HAS BEEN RECEIVED. (GS 13OA) A PLOT PLAN fT0 SCALE) SHOWING ALL BUILDINGS, DRIVEWAYS, WATER LINES & SEPTIC SYSTEM LOCATIONS MUST BE APPROVED BY THE ENVIRONMENTAL HEALTH DEPARTMENT PRIOR TO RECEIVING A BUILDING PERMIT. ~nA i i ' / ' i lw I Y _._ ____ __ _ __ _ ___ ih,Y-oc_-~ J„~~ ~ 1-.i l,i~ ~ 4 r'~~ Pik L :'J t~:- CJA~Tft1 rG:1NT FA}~; N~, c52c47333U P. 02 ~o~ o-•o..~.~o~o.o~~ono.. ~...Fo.~v,.oxoxo~.~.,.~, Pom;i, Class ~O'~O'"°"°'O`°"O"°" ' ,e Permit NumhCr NEi~; STATE OF NORTH CAROLINA 99,98 ~v Dcpat•ttn;:nt ~-~f ray; ironment and I~at•~r31 Resources ~' tnd 1~1 ~~, c~oas:ai Resources C'omrnission ~ /' ~~r~it ~~~.~~~; ~99~ ~~ .~ For Q ..._ Major DeveIepment in an Ana of Envimn,7lcntal Canccm q pursuant to NCC3S 113A-11 ~ -. Excavation nd/or fiL'ing pursuant to NCGS 113-229 l~aucil :a Richard C. c~ Judith Ann Schneider P. U, Box 1088, Simsbu , CT OfiU70 suit,~n,~rs Jccc;c~pme~t in Pamlico County at Brown's Creek, at 3636 E3ro~z•u Crcck Road -------. - , as rtquestcd in the pcnr.iarc's application datccl 3%2Ri98 including at~u,hed work plan ,i:awings, sheers 2-6 oi'6 dated received 4/15/98. , lfiis p:rn~,t, i:;sucd un ~~•,= ~- 4 ~l~ , !S sab'4c[ ;U Cool liana with lh-e- a, ;' ~' ? l p tcation (whct•e cotts,stcnt ~itlt ti, : Ccrnrtl, ;iil appli•:abic reaalatum, special :.or,di[lons and clogs cct forth bC1Jw. My violation o' thc;sc terms tray h~ su`,l~~.t to a .n;;, imprisocltnent pr c,vi] acU;,cr pr n:~y cause the permit to be n+i11 anJ void. l l "!'t-is permit nut};ori~es only the docks, piers, and other structures and uses located in or over the water t'iat are e~PresSly and speci fit;ally set fUrtlt in ilio permit aFplication ar.d associated plains dated 'tCClti'd u; l 5;98 No r;d7cr s's'ucnLC_, tt~h::thrr rloatir~g o: statioran•, n~.ay become a permanetlt part c~t'this strtlctur, v~-ithout permit mcdi±icatioli. No non-water dependent uses of Slrttcture~ mtty be ca_~r',ucted ot:, it1, or over public tract ~~'atCCS wltl]oUt perltllt I110~1fICatI0I1. ::) No s;,wage, u•hethAr treated :,r unh.•eated, shall be disclt2sged at any tiltte From boats usin6 the uGCr;illt ~acilit)•, .~.ny se~rabe disc}ta*ge at the docking facility shall b~ con~idcred a t~ioltliion of Uiis pern~_:t for which the pernlittee ig responsible. This prohibition shall be applied and enforced tluouSh~~ut thr rntire existence of the p~.rmitted stntcture. (Sie attat:hetl sheet fur AdditiotrAl Conditi,~ns) 'i~!;is p~rrr,i~aaiorc may ~ appzaied by the pc:rrtlittcc cr cd,cr qua'ificd patsy^.s within twznty (2(l) dtiv5 of the issuir~ date, An tipp~;a1 requires resolation prior to work ir,i~iation o; continuance, as the easy may be. Thi?. hcnnit must be accessible qn-site to Dcpartr,;cnt P~',,or.'IG; when the pm_ject is inspected for comYlian~a. Ar.~- mgt^tenarcc arori< or pmject modi>7caticn not eo retec.' hcrc,uacc~rrt`quires furtherDeparunrntal approval. .~i wca` oust c: ace when the permit expires on _____ Deccmhc~ 31 2001 Ir: i;;>;'ni; t.}>:~a permit, the S:a:c of'YOrih Crtrelia3 agrees t.~:,t ,~ cur prt~ct~t is consistent with the Norm Carolina Cc;%t:;t.;l \lanat;~,acnt 1'rograrn. Signed by the authp-it)• o{the Secretan~af UI/1\TR and the Chairman of the Coss~al Resot;rccsCoinrnission, i r--•~ ~ ~ Donna .i`1o~~fitt; Director Divsion of Cossta )`-fanagcment This permit and its conditions ;ire hereby accepted Jignatur~ Of Permiacc "b,~o~.vxw~O~.-Wrcy'Sxcv~p~p~q,~+O,rO,..~,.o,,,p~s~,O~~r v+~OworOre ~~~-~~~~~ !hU U3~~8 F'M NC L~'J OF ~OAST'Al ftu"INT FR~~: N0, ~5~~473330 P. 03 J % e ~ , ' ' - Richard C. & .Ju~ilh A. Schneider I'crmit ~#~9-98 Page 2 of 2 At)DITIONAL CONDITIUN5 Iti`o a:tortpt will be made by thw permittee to prevent the Hill and tree use by the pubic of ail nrviable waters at or adjacent to fho authorized work. a - Thy l:iers acid asru~ciated strucfisres sha11. have a minimum setback distance of 1 ~' between any part c~f'the structure and both riparian lines. ~; "I h,~ pr=rmitYCC wil! r:;~urttain the aati~orizcd structure in good condition and in confarn~ance with the ~crrlis acid corditiuns rsf this permit, The permittce is not relieved of this requirerncnt if he nbandons the permitted sinreturo without hati•ing the permit han.ferrrd to a third party. Gj This siruetur~ is for the private, nor-commercial use of the; pe:miiiee, Any coir.:nrrcial activities, i;;ciu:.iing tl~~e r~nt'tag of slips is strictly prohibited ~-itlzout per;txit modifications. \'r,,~r;, The U, S. Anny Corps of Engineers approved this project under a Ganeral Penr.it OFFER TO PURCHASIE AND CONTRACT f r % .; -. GENE OSIA5' and NANCY OSIAS , as Buyer. n~rcb) oilers to purchase and~jCHARD C . SCHNEIDER and JUDITH ANNA SCHNEIDER . as Seller. ,,pun accepta,ice. of said offer, agrees to sell and convey, all of that plot, piece or pared of land described below, together with all improvements locatr+l thereon and Bach fixtures and personal property as are listed below (collectively referred to as the "Property"), upon the following terms and condinons t. REAL PROPERTY: Located in the City of TOWNSHIP I I .Count) of PAMLICO ,State of North Carolina, being known as and more particularly described as itreet:lddress_ ~-~fi RRnWN CRF,F.K RD. ~~(F~R~L'j~'f_~jC Zip28556 Legal Description: T L1t #2 Bl1SA I1EIMn STTRTITVTSTnN (PT.. CAR. A ~ ST,.95-7 ~ _ All O A portion of the property in Dccd Reference: Book 330 ,Page No. 631 PAMLICO Counq ~ NUTS: Prior to signing this Offer to Purchase and Contract, Buyer is advised to review Restrictive Covenants, if any, which may limit the use of the I'rupen). and to read the Ucclaratiun of Restrictive Covenants, By-Laws, Articles of Incorporation, Rules and Regulations, and other governing documents ui the oyvners' association and/or the subdivision, if applicable. ?. FIXTURES: 1'he following items, if'any, are included in the purchase price free of liens: any built-in appliances, light fixtures, ceiling fans. attached slues coyrrings, blinds. shades, drapery rods and curtain rods, brackets and all related hardware, window and door screens, storm windows. comb,nauun ,~uon. a,+nu,gs. antennas, satellite dishes and receivers, burglar/fire/smoke alarms, pool and spa equipment, solar energy systems, attached fireplace scaerri. gus lugs. fireplace inserts, electric garage door openers with controls, outdoor plants and trees (other than in movable containers), basketball goals. storage sheds. mailboxes, wall and/or door mirrors, and any other items attached or affixed to the Property, EXCEPT the following items. NA ~ PERSONAL PROPERTY: 1'he following personal property is included in the purchase price: a. PURCHASE PRICE: The purchase price is $ 100 ,,Q00 . 00 and shall be paid as folio+vs ~a) S S00 , 00 .EARNEST MONEY DEPOSIT with this offer by O cash ~ personal check O bank check O cenif~ed check ~ other to be deposited and held in escrow by SUNBELT ASSOCIATES REAL ESTATE, INC .~ t Lscroy+ ,agent") until the sale is closed, at which time it will be credited to Buyer, or until this contract is otherwise terminated. In the event. (I) th,s osier n not accepted: or (2) any of the conditions hereto are not satisfied, then all earnest monies shall be returned to Buyer. In the event of breach of this contract by Seller, upon Buyer's request, all earnest monies shall be returned to Buyer, but such return shall not affect any other remedies available to Buyer for such hreach In the event this offer is accepted and Buyer breaches this contract, then all earnest monies shall be forfeited upon Seller's request, but rece,p; of ,urh Iurfcited earnest monies shall not affect any other remedies available to Seller for such breach. ~c)l F: In the went 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 n+ ;tzue la++ to retain said earnest money in the broker's trust or escrow account until a written release from the panics consenting to its disposition has been ,.hta,ned or until disbursement is ordered by a court of competentjurisdiction. ~ b, S NA ,ADDITIONAL EARNEST MONEY DEPOSIT to be paid to Escrow Agent no later than NA TI!vtE BEING OF T'I-IE ESSENCE WITFI REGARD TO SAID DATE. t~) ~ NA , BY ASSUMPTION of the unpaid principal balance and all obligations of Seller on the existing loan(s) secured b) a deed of trust on the Propeny in accordance with the attached Loan Assumption Addendum. ~ d l , _ N A , BY SELLER FINANCING in accordance with the attached Seller Financing Addendum. ,z i 5~gg_,_~~Q,~. BALANCE of the purchase price in cash at Closing. 5. CONDITIONS: (Start N/A in each blank that is not a condition to this contract.) ,,,I t3uyer must br able to obtain a _FHA _VA (attach FHA/VA Financing Addendum)~Conventional _Other: loan at a F,~ed Ratr ~,~1,„tuhl~ Rate u, the principal amount of ~ 50.000 (plus any financed VA Funding Fee or FHA MIP) for ;, term u~ 20_ •,~ar(,), at an iniual interest rate not to exceed 7 _ 2% per annum, with mortgage loan discount points not to exceed ~°/a of the loan amount ISu,rr ,h;+II apply for said loan within ~Qdays of the Effective Dale of this contract. Buyer shall use Buyer's best efforts to secure the lender's cuswman ~„un comntment lever on or bel'oa Jan . 1 , 2002 and to satisfy all terms and conditions of the loan commitment letter by Closing. aster thi :.ho+~ lever date, Seller may request in writing from Buyer a copy of the loan commitment letter. If Buyer fails to provide Seller a copy of the loan runu,utment letter or a written waiver of this loan condition within five days of receipt of Seller's request, Seller may terminate this contract b) +snnen n,,u~r to Buyer at any time thereafter, provided Seller has not then received a copy of the letter or the waiver. Buyer shall be responsible for all costs ++nh respect to arty loan obtained by Buyer, except if Seller is to pay any of the Buyer's Closing costs (including loan discount points), those costs are as fulluy~s ~ bi I here must he no restriction. easement, zoning or other governmental regulation that would prevent the reasonable use of the Propem for r e s i d ent. i a 1 purpose; l l he Propeny must br in substantially the same or better condition at Closing as on the date of this offer, reasonable wear and tear excepted. ~,!~ ,III deeds of trust, liens and other charges against the Propeny, not assumed by Buyer, must be paid and satisfied by Seller prior to or at Clos~ne such that cancellation ma)• be promptly obtained following Closing. Seller shall remain obligated to obtain any such cancellations following Closing. ic) I ule must be delivered at closing by GENERAL,V~ARRANTY DEED unless otherwise stated herein, and must be fee simple marketable uric, free of ~!~ encumbrances except: ad valorem taxes for the current year (prorated through the date of Closing); utility easements and unviolated restrictive coyenan~; that du nut materially affect the value of the Property; and such other encumbrances as may be assumed or specifically approved by Buyer. The Proper:. inu;t have legal access to a public right of way. 6. SPECIAL ASSESSMENTS: Seller warrants that there are no pending or confirmed governmental special assessments for sidewalk, pay,ne. writer. ,c,~cr ur usher improvements on or adjoining the Property, and no pending or confirmed owners' association special assessments, except as iollu,,; ,!n;urt 'zone" or the identilication of such assessments, if any.) Seller shall pay all owners' association assessments and all governmental assessn,eni; ;,~nl~rnnd through the time of C'lusing, if any, and Buyer shall take title subject to all pending assessments, if any, unless otherwise agreed as iollu+,s ____ none ''. PRO RATIONS AND ADJUSTMENTS: Unless otherwise provided, the following items shall be prorated and either adjusted between the panes ur ;r,,~,f .u Clos,ng (a) .Ad +alorem taxes on real property shall be prorated on a calendar year basis through the date of Closing; (b) .Ad valorem tapes un ;y~r,un:,l progeny fur the entire year shall be paid by the Sellerunless the personal progeny is conveyed to the Buyer, in which case. the personal proper, ,.,yes ;hall be prorated on a calendar year basis through the date of Closing; (c) All late listing penalties, if any, shall be paid by Seller: (d) Rents. a an, i„r :h; I'rupen) shall be prorated through the date of Closing; (c) Owners' association dues and other like charges shall be prorated through the date ui Clu:u.e ~riirr reprcicnls that the regular us+ncrs' association dues, il'any, are S none per H. ~ CUBING EXPEi~S'r_':i. Seller shall pay for preparation of ~ dr,eri and all other documents necessary to perform Seller's obligauons un~fer th.; :~rcemcnt. and fur e~cisr tax (avenue stamps) required by law. Buyer Shall pay for recording the deed and for preparation and record,ng of all instrumen~.; ;~;u,red w >ecua the balance of the purchase price unpaid at Closing. ~~. FUEL: Buyer agrees to purchase from Seller the fuel, if any, situated in any tank on the Propeny at the prevailing rate +aith the cost of measuren,en! ~.!,erw(. if :,ny. being paid by Seller. IU. EVIDENCE OF TITLE: Seller agrees to use his best efl'ons to deliver to Buyer as soon as reasonably possible after the Effective Date ui this ~untn,:. :,,pie, ul ;,II title information in possession of or available to Seller, including but not limited to: title insurance policies, attorney's opuuorn un ~.,.:~. gun cs s. a,y enants, deeds, notes and deeds of trust and easements relating to the Propeny. I I . L:~ BOR :AND MATERIAL: Seller shall furnish at Closing an affidavit and indemnification agreement in form satisfactor}~ to Buyer shot'+,ng ~..a .,I! I~bur and materials, il'an). I'urnishcd to the Property within 120 days prior to the date of Closing have been paid for and agreeing to indemnif> Bud er ~._.,~n,t ,,II lu>s From arty carne or claim arising therefrom. ~ -. •~F I' , ,,! _ This form has been North Carolina Bar Association j~,,,tl, nphrusc,t b> wc: North Carolina A/sso)ciation of REALTORS® Buyer Initial G~j~l. Seller Initials _ S~I ~yvD~HG FUkyl ~UV1 HIGIIT .' .. ~~ r ADDENDUM I (Offer to Purchase and Contract Gene Osias and Nancy Osias) 3636 Brown Creek Rd., Memo, NC 28556 1) This Offer to Purchase and Contract is contingent upon the Seller providing the Buyer with a current Improvements Permit issued by the Pamlico County Department of Environmental Health for a septic system suitable for a three bedroom home at a location on the property acceptable to the Buyer. 2) This Offer to Purchase and Contract is contingent upon the Seller providing the Buyer with a "General" Major Variance issued by the North Carolina Division of Water Quality allowing for the placement of a home within Zone II of the Neuse River $uffer but no closer than 30' to Coastal Vegetation as defined by the North Carolina Division of Coastal Management. Bu er Y (seal) Buyer ~~'.o~r~°(seal) Date iU /f o l r Seller (seal Sell Date ~ ~