LAND USE ` Big G AL
Initial Application Date , ^ 7 3 _ { ` Appl cat o # 1/ 572117 � f ✓ /J
17 ` 93
CU#
COUNTY OF HARNETT RESIDENTIAL LAND USE APPLICATION
Ce lral Pe m U g 108 E F o tt Stre t L II gtt NC 275466 Phone (910) 893 7525 Fa (910) 893 2793 www h tt g/p m t
LANDOWNER 4rl -Ai dei (irTPL To f d / lft Ma l ng Add ess J2 (4N `/ 2d31P // , ? 5 'Dr c ty J�"a la _e_. State Z1p42S3 D Contact # Email 0
APPLICANT Blackwell Homes Mailing Address PO Box 189
City Clayton State NC Z p 27528 Contact # 919 320 8256 Ema 1
P1 fll t pplic nt form t dddf nt th 1 dow
CONTACT NAME APPLYING IN OFFICE Paul Gorman Phone it 919 R 332 0-82256 c2
PROPERTY LOCATION S bd son Anderson Creek Lot # 7W Lot Size /V
�-7
State Road # St te Road Name Map Book &Pageo2� / 7 J r
Parcel O/J 0771 7-- PIN OSW( - 'O3 - IQ /3
Zon ng ,q 44 78 Flood Zone W tershed / 'r' eed Book &PageQ /,3t/(o / 009t Power Company South Rwer
New structures with P ogress E rgy as sery ce provide eed to s pply p ern se number from Prog ess E e gy
SPECIFIC DIRECTIONS TO THE PROPERTY FROM LILLINGTON 27 N to Nursery Rd follow Nursery for 3 miles The entrance to
Anderson Creek is on the left
PROPOSED USE
111 SFD (Sae Lit 1QQ) # Bedrooms et # Baths 3 Basement(w/wo bath) Garag ✓ Deck ✓ C awl Space _ Slab / I th
Slab
(Is the bonus m fn shed? ( yes ( w/ a closer ( ) yes (_)no (f yes dd w th it bedrooms)
❑ Mod (Size ) # Bedrooms # Baths Baseme t (w /wo bath) Ga g _ Site Built Deck _ On Frame Off Frame
(1 the second floo fn shed? ( yes (,)no Any othe s te bu It add tions ( ye (
❑ Ma uf t d Home _ SW _ DW _ TW (S e x ) # Bed m Ga ag _ (s to b 11t ? D ck _ (site bu It
❑ D plex (Size _ ) No B Id gs No Bedrooms P Un t
❑ Home Occup t on # Rooms Use H s of Operation #Employees
❑ Add t on /Accessory/Other (S ze J ) Use Closets n add t o 9 ( yes (
Water Supply ✓ Co my E st ng Well _ New Well (# of dwell g s ng well ) MUST have operable water before fnal
Sewage Supply New S pt c Tank (Complete Checkkst) Ex st ng Sept c T k (Complete Check! st) ✓ County Sew
Does own of th s tract f 1 d own la d th t conta ns a ma f t red home with f h ndred feet (500) f tract I sled above? ( ) yes (✓) o
Struct s (ex sting o p opo ed) S ngle ram ly dwellings Ma uf ct red Homes Othe ( pec fy)
Required Residential Property Line Setbacks Comme is
Front Minim m 3O Actuall 2 1
Rear 25- 3F
Closest Side O ./ 3
Sidestreetico ner lot
Nea est Bu Id ng
same lot
If perm t re granted 1 ag ee to conform to II ord nances a d laws f the State of North C rol na regulat g ch work and the sp fcat ons of pia s s bm tted
I h reby tate that f o eg pgylat@ments at cc rate and co ect t the best of my k owledge Pe m t b) 1 t r ()cation f false nformation is p o ded
Signal re of Owner or Owner's Agent D e
This application expires 6 m nths from the 1 Mai date If permits ha not been Issued
A RECORDED SURVEY MAP RECORDED DEED (OR OFFER TO PURCHASE) AND PLAT ARE REQUIRED WHEN APPLYING FOR LAND USE APPLICATION
Res dent al 1 nd Use Appl cal a i age 1 of 1 07 10
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6
STATE OF NORTH CAROLINA
AGREEMENT FOR SALE
HARNETT COUNTY
THIS AGREEMENT made and entered into this the 28th day of August 2010 by and
between Anderson Creek Partners LP (hereinafter referred to as Seller') and Blackwell
Homes, Inc a company organized under the laws of the state of North Carolina
(hereinafter referred to as "Purchaser')
WITNESSETH
WHEREAS the Seller is the owner of certam property consisting of single family
lots developed in the Anderson Creek development m Harnett County North Carolina
and more particularly shown on the maps filed with the Harnett County Register of
Deeds hereinafter referred to as Anderson Creek Club Phase 5A 1B and SA 1C
WHEREAS Seller has agreed to sell lots 894 895 896 and nine additional lots to
Purchaser Purchaser has agreed to purchase the same upon the terms and conditions
hereinafter set forth The lots to be purchased are hereinafter referred to as the Premises
NOW THEREFORE for the good and valuable consideration as described
herem the receipt and sufficiency of which is hereby acknowledged the parties hereto
agree as follows
1 0 Property to be Convened The Seller shall sell and Purchaser shall buy all of that
certain real estate described above (the `Prennses') in the Anderson Creek Club
Development m Harnett County North Carolina
2 0 Purchase Price The purchase price for lots 894 895 it 896 shall be One Hundred
Twenty Seven Thousand Five Hundred Dollars ($127 500 00) and the pnces for
the additional nine lots are itemized on Exhibit B
3 0 Ownership and Liens and Encumbrances Seller covenants that it is or will be by
closing the owner of an indefeasible fee simple title to the Premises and will
convey the same subject only to easements restrictions and the Declaration of
Covenants Conditions and Restrictions of public record
4 0 Water and Sewer Utilities The pretenses are, or will be by closing served by
Harnett County Pubhc Utilities
5 0 Title This Contract and all of Purchaser s obhgations hereunder shall be subject
to and conditioned upon Seller being able to convey good and marketable fee
simple title to the Premises subject only to easements restrictions and
Declarations of Covenants Conditions, and Restrictions of record at closing
6 0 Closing,
6 1 Closing Date. Purchaser shall purchase 2 lots from the 894 895 and 896
group within 30 days of execution of this agreement, but m any event no
later than September 30 2010 Purchaser will then purchase the third lot
within 90 days of the first closmg Purchaser shall purchase 3 additional
lots on or before February 28 2011 then 3 additional lots on or before
May 30 2011 and then the final 3 lots on or before August 30 2011 All
additional lots will selected from the 850 — 857 and 906 — 915 inventory
groups Closing shall occur at the offices of James E Holshouser
( Escrow Agent) or at an attorney selected by Purchaser Closmg dates
will be extended if lots are not recorded, or if roads not paved or fiber
optic Imes have not been installed
6 2 Delivery of Documents and Purchase Price At closing Seller shall
dehver a General Warranty Deed conveying the lots being closed to
Purchaser General Warranty Deed shall convey fee simple title to the
Prenuses subject to easements, restrictions and Declarations of Covenants,
Conditions and Restrictions of record at closing
6 3 Taxes and Closing Costs Harnett County ad valorem taxes shall be
prorated at closing Any transfer fees or excise taxes levied upon this sale
or the deed consummating this sale by Harnett County shall be paid by
Seller Seller shall deliver the Deed, a hen waiver and a Deed of Release
at closing Purchaser shall bear all of its own closing costs Purchaser
shalt provide Seller with written evidence reasonably satisfactory to Seller
that all taxes and assessments have been paid when due
7 0 Possession. Possession of the premises hereby sold shall be given to Purchaser as
of the date of closing provided however that Seller and Seller s agents may
enter upon the Premises at reasonable times for the purpose of fulfilling
Purchaser s obhgation to properly maintain the property if Purchaser shall fail to
do so
8 0 Mamtenance Piucbaser shall not commit or suffer any waste of the Premises and
shall maintain the Prenuses in good condition. Other than to cut trees and shrubs
reasonably necessary for the nnimnent construction of a dwelling house on the
Premises or to cut trees and shrubs damaged by disease wind or fire the
Purchaser shall not cut down any trees or shrubs an the Premises
9 0 Default, Should Purchaser fail to close the lots or otherwise default on any of its
obligations for any reason other than defective title then Seller shall retain the
earnest money as hquidated damages Should. Purchaser default in any of its
continuing obligations herem and fail or refuse to timely close subsequent lots
pursuant to this Agreement for any reason other than defect' e title Seller shall
at its discretion, terminate this Agreement Time is of the essence with respect to
the closing of the lots The Seller s remedies provided herein shall be
nonexclusive and m addition to any other remedies provided by law Should
Seller fail to consummate this Contract or shall otherwise default, Purchaser shall
have as its sole remedy the nght to sue for specific performance Failure to timely
close any lot or lots as provided hereunder shall constitute a default In the event
either party files suit to collect damages or enforce this contract against a
defaulting party the prevailing party shall be entitled to attorneys fees
10 0 Entire Document, This Agreement represents the entue understanding of the
parties with respect to the subject matter hereof and merges all pnor negotiations
and agreements concrro the purchase and sale of the Premises All
amendments hereto must be in writing and signed by the parties sought to be
charged with the same.
*41
11 0 Applicable Law This Agreement shall be interpreted pursuant to the laws of the
State of North Carolina.
12 0 Assignment. This Agreement may not be assigned by Purchaser without the pnor
wntten consent of Seller
13 0 Survival of Representations and Warranties The representation and warranties
made by Seller and Purchaser herein shall survive closing and the delivery of the
deed to the Premises for one year
14 0 House Plan Approval Purchaser shall submit all construction plans and design
drawings to Seller prior to construction for Seller s prior wntten approval
pursuant to the Anderson Creek Club Arclutectural Guudelmes Plan review will
be in a lamely fashion as set forth in the aforementioned Arclutectural Guidelines
15 0 Earnest Money Purchaser shall deliver on of before September 5 2010 to
Seller s Escrow Agent, James E Holshouser Es(' The Sanford Holshouser Law
Firm PLLC Pmehurst N C the sum of Eighteen Thousand ($18 000 00) Dollars
In the event of a default hereunder by Purchaser Seller shall retain the earnest
money In the event Earnest Money is received by Seller Purchaser shall receive
a credit of One Thousand Five Hundred ($1 500 00) Dollars at the closing of each
lot.
16 0 Contract Execution Date Purchaser must execute and deliver this contract on or
before August 31 2010 or this offer of contract shall be withdrawn and null and
void
17 0 Architectural Review Deposit Purchaser shall pay at closing a fee of Five
Hundred Dollars ($500 00) for each lot closed and One Hundred Fifty dollars
($150 00) for repeat plans Should the purchaser start any construction prior to
obtaunng wntten arebitectural approval certain penalties may apply as outlined in
the Anderson Creek Club Architectural Guidelines
18 0 Commissions Purchaser acknowledges that he mtends to build a home on the
Premises for a thud party and agrees to compensate the agency provided by Seller
on the resale of both the lot and home to any third party Purchaser will be
obhgated to pay sales commission and marketing fees as outlined on the attached
Addendum A Sales commissions may change at the discretion of the Seller and
the marketmg agent of the Seller however m no event shall the comnussion paid
by the Purchaser exceed 5% of the sales price Seller in its sole discretion may
change realtors at any time
19 0 Markenne Fees In addition to commissions Seller may collect a marketing fee
not to exceed 1% of the Sales Price of the home and lot The marketing fees will
be utilized to assist in the Seller s subdivisions sales and marketing expenses
20 0 Indemnification, Purchaser shall forever defend, mdemnify and hold Seller
harmless from any claim, loss or liability arising out of or m any way connected
with Purchaser s possession or use of the Premises Purchaser s conduct with
respect to the Premises or any condition of the Premises In the event of any
htigation or proceeding brought against Seller and ansing out of or in any way
connected with any of the above events or claims against which Purchaser agrees
to defend Seller Purchaser shall upon notice from Seller vigorously resist and
defend such actions or proceedings through legal counsel reasonably satisfactory
to the Seller
Mn
21 0 Limitations of Purchaser s Right to Resell Property Purchaser represents that he
is purchasing the Premises as a Builder for the purpose of building and selling
homes on the mdividual Lot that comprise the Premises Purchaser warrants that
he will not sell Lots either individually or as a group without simultaneously
selling a home on each Lot sold Purchaser further warrants that he will not pnce
his home for sale on the Premises separately from the Lot on which they are to be
built, and that he will in no way indicate either directly or indirectly to buyers or
potential buyers of his homes that the Lot price component of his total home plus
Lot package is less than the pnee at which Seller is offenng to sell comparable
Lots to the general public Purchaser hereby agrees that Seller may record a
document mdicatmg that the Lots compnsmg the Property cannot be sold
separately from the house to be built on them
22 0 Representations Conditions of Prenuses Purchaser accepts the land,
improvements and all other aspects of the Premises in their present condition, AS
IS including latent defects without any representation or warranties expressed or
implied unless they are expressly set forth m this Agreement or are in writing
signed by the Seller Purchaser agrees that Purchaser has ascertained from
sources other than Seller the apphcable zoning building housing and other
regulatory ordinances and laws and that Purchaser accepts the Property with full
awareness of these ordinances and laws as they may affect the present use or any
intended future use of the Property and Seller has made no representations with
respect to such laws or ordinance except that Seller represents that there are no
restrictions easements zoning or other governmental regulations that would
prevent the reasonable use of the Premises for residential single family purposes
23 0 Financing. Purchase of the additional rune lots will be contingent on Purchaser
being able to increase his line of credit with his Lender New Century Bank, to be
able to finance the additional 9 lots
IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day
and year first wntten above
Anderson Creek Partners LP
By Anderson ree Gen Partner Blackwell Homes Inc
l
BY ..aliSalle By _
David Levinson Charles D Blackwell
President President
Date 5 � 6 � 6 Date N 3 /