LAND USEinitial Application Date: �PZEIJ0 rlol Application #
COUNTY OF HARNETT RESIDENTIAL LAND USE APPLICATION
Central Permitting 108 E. Front Street, Lillington. NC 27546 Phone: (910) 893 -7525 Fax: (910) 893 -2793 www.hamett.orglpermits
LANDOWNER: William S. Welions, JR. Mailing
City:
APPLICANT': Caviness & Cates
State: Zip: Contact #
Email
Mailing Address: 639 Executive Place, Ste 400
City: Fayetteville State:IVC Zip: 28305 Contact# 910 481 -0503 Email: natal iei~W'cavinessandcates.corr
'Please fill out apocant information if different than landowner
CONTACT NAME APPLYING IN OFFICE: Natalie Quintal Phone # 910 - 778 -7908
PROPERTY LOCATION: Subdivision: 'Coopers Creek �j Lot # ;�Lot Size: -3S
1 I f '�..
State Road # State Road Name: _ � Map Book &Page: �
Parcel: 0 k 0 504 1ad 0 l W4 (D PIN: 2504—q b'' 1 , 000
Zoning: Flood Zone: Watershed: ll_ Deed Book &Page: . l , Power Company':�k�� I kc_
'New structures with Progress Energy as service provider need to supply premise number
from Progress Energy.
SPECIFIC DIRECTIONS TO THE PROPERTY FROM LILLINGTON: Take 210 S approx. 10 miles, turn right on Bill Shaw Rd .6 miles, turn left
Overhills Road 2.7 miles, sharp left on Ray Road .4 miles, right on W Northpoint Rd
Q— xi b L,o w e.1 :D b a
R SO FD: (Size # Bedrooms: _+_ # Baths:, Basement (wlwo bath): Garage: 442 -6eck: Crawl Space: `Slab:
(Is the bonus room finished? (_) yes ( _ jno wl a closet? L_) yes {_jno (if yes add in with # bedrooms)
• Mod: (Size x___) # Bedrooms_# Baths_,., Basement (wlwo bath),, Garage :_ Site Built Deck:_ On Frame_ Off Frame_
(Is the second floor finished? L_) yes (ono Any other site built additions? (_) yes (,)no
• Manufactured Home: „___SW _DW _TW (Size x___) # Bedrooms: _ Garage:_(site built ?__) Deck:_(site built?
• Duplex: (Size x___) No. Buildings: No. Bedrooms Per Unit:
C1 Home Occupation: # Rooms: Use:
0 AdditiorVAccessorylOther. (Size x} Us(
Hours of Operation: #Employees:
Closets in addition? L_) yes (ono
Water Supply: County Existing Well New Well (# of dwellings using welt ) 'MUST have operable water before final
Sewage Supply: New Septic Tank (Complete Checklist) Existing Septic Tank (Complete Checklist) i=i-6ounty Sewer
Does owner of this tract of land, own land that contains a manufactured home within five hundred feet (5110) of tract listed above? L_) yes (ono
Structures (e)(sting or proposed): Single family dwellings
Required Residential Property Line Setbacks:
Front Minimum 5
Actual_ F)
Rear
Side I
L4
Closest
f) 7
Sidestreeticomer lot
C
Nearest Building 1
on same lot
Homes: Other (specify):
It permits are granted I agree to conform to all ordinances and laws of the State of North Carolina regulating such work and the specifications of plans submitted.
i hereby state that fv oVng statem is are eirat nd correc tot a hest of my knowledge. Permit subject to revo ion if false information is provided.
- 0-1
Signature f Own r or Ownor s Agent Date
"This application expires 6 months from the Initial date If permits have not been Issued-'
A RECORDED SURVEY MAP, RECORDED DEED (OR OFFER TO PURCHASE) AND PLAT ARE REQUIRED WHEN APPLYING FOR LAND USE APPLICATION
t ° 5 f -�)�ol d
s-.
Prepared by and return to: F. Stuart Clarice, THORP, CLARKF, NEVILLE & KIRBY, PA
Post Office Box 670, Fayetteville, NC 28302
NORTH CAROLINA DEVELOPMENT AGREEMENT
AND AGREEMENT TO PURCHASE
CUMBERLAND COUNTY
THIS AGREEMENT ( "Agreement'D is made and entered into this the day of
2010 by and between WILLIAM S. WELLONS, JR. and CHARLES R.
WELLONS, II as Co- Trustees of the ESTATE OF FLORENCE C. WELLONS, hereinafter
"Developer" and "Owner" and H & H CONSTRUCTORS, INC. ("H &H) and CAVINESS &
CATES BUELDING AND DEVELOPING COMPANY, ("Caviness'� and hereinaftercollectively
"Purchaser".
WITNESSETH:
WHEREAS, the Owner is the owner of a certain parcel of land located in Harnett County
NC, more particularly described on Exhibit "A" attached hereto and incorporated herein (the
"Property"); and
WHEREAS, Owner has secured governmental approvals and caused construction plans to
be completed (the "Approved Plans') to develop the Property as a single family residential
development known as "Cooper's Creek" (the "Subdivision"); and
WHEREAS, Developer and Purchaser have agreed that Developer shall cause the Property
to be developed and constructed according to the plans for the sale of single family lots; and
WHEREAS, Developer and Purchaser wish to set forth the terms and conditions pursuant
to which the Developer will cause the Project to be built in accordance with the plans and purchaser
Will purchase lots in said Project; and
WHEREAS, Developer and Purchaser have agreed that upon completion of certain items
Purchaser will purchase lots in said Subdivision; and
WHEREAS, Developer and Purchaser wish to set forth the terms and conditions for said
development and purchase.
NOR', THEREFORE, in consideration of the mutual covenants contained herein and other
good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the
parties agree as follows:
ARTICLE I
CONSTRUCTION
Developer shall cause to be developed Cooper's Creek Subdivision in accordance with the
Plans and Specifications in a good and workmanlike manner, free and clear of all mechanics',
materiaimen's or similar liens.
ARTICLE II
OBLIGATION TO PURCHASE LOTS
At such time as fifty (50) lots are identifiable by recorded plat with adequate ingress, egress
and regress for construction of single family residences and -upon completion of the initial
government mandated requirements to effect transfer of lots, Purchaser does agree to purchase and
Owner does agree to sell lots according to the following terms and conditions:
Purchaser will imp3ndi ately purchase thirty (30) lots at a purchase price of $31 -,500 per lot.
Within ninety WLYs of closing the afore - referenced thirty (30) lots, Purchaser will
purchase an additional twenty (20) lots at a purchase price of $31,500 per lot.
At such times as additional Phases of Cooper's Creek subdivision are developed and fifty
(50) lots are identifiable in said phases by recorded plat with adequate ingress, egress and regress to
and form the lots, Purchaser agrees to purchase and Owner agrees to sell, additional lots in said
Phases upon the terms and conditions indicated above.
ARTICLE III
APPLICABLE LAW
This Agreement, and the application or interpretation hereof, shall be governed by and
construed in accordance with the laws of the State of North Carolina.
ARTICLE IV
BINDING AGREEMENT
This Agreement shall be binding upon the parties hereto, their heirs, executors, personal
representatives, successors and assigns.
ARTICLE V
HEADINGS
All section headings in this Agreement are for convenience or reference only and are not
intended to qualify the meaning of any section.
-2-
ARTICLE VI
TERMINOLOGY
All personal pronouns used in this Agreement, whether used in the masculine, feminine or
neuter gender, shall include all other genders, the singular shall include the plural, and vice versa as
the context may require.
ARTICLE VII
SEVERABILiTY
If any term, covenant, condition or provision of this Agreement or the application thereof to
any person or circumstance, shall to any extent be held by a court of competent Jurisdiction to be
invalid, void or unenforceable. the remainder of the terms, covenants, conditions or provisions of
this Agreement, or the application thereof to any person or circumstance, shall remain in full force
and effect and shall in no way be affected, impaired or invalidated thereby.
ARTICLE VIII
SURVIVAL
If any provision herein contained which by its nature and effect is required to be observed,
kept or performed after the Closing, it shall survive the Closing and remain binding upon and for the
benefit of the parties hereto until fully observed, kept or performed.
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed as
of the date first written above.
ESTATE OF FLORENCE C. WELLONS
William S. Wellons, Jr., Co- Executor
Charles R Wellons, Il, Co-Executor
H & H CONSTRUCTORS, INC.
By:
Name:
Title:
-3-
CAVINESS & CATES BUILDING. AND
DEVELOPING COMPANY
By:
Name:
Title:
-4-
ADDENDUM
TO
DEVELOPMENT AGREEMENT AND AGREEMENT TO PURCHASE
This is an Addendum to the Development Agreement and Agreement to Purchase dated
September 16, 2010 between William S. Wellons, Jr. and Charles R. Wellons, 11 as Co- Trustees
of the Estate of Florence" C. Wellons, as Developer and H & H Constructors, Inc. and Caviness
& Cates Building and Developing Company as purchasers. The Plat for Coopers Creek Phase I
has been recorded in Book 2011 at Pages 140 -142 in Harnett County Registry by the Developer
and the purchasers hereby agree to purchase fifteen (15) lots each designated as follows:
Caviness and Cates Building & Developing Company Lots 32 -46
H & H Constructors, Inc. Lots 1 -6, 11 -14, and 27 -31
for a. purchase price of $ 31,500 per lot.
By signing this Addendum, Developer and Purchasers authorize Thorp, Clarke and
Neville, Attorneys at Law, to proceed with the closing of said lots.
Signed this the a2 day of March, 2011.
ESTATE OF FLORENCE C. WELLONS
By: l
William S. Wellons, Jr., Co -Exe for
By:
Charles R. Wellons, II, Co- Executor
H & H CONSTRUCTORS, INC.
By:
D. Ralph Huff, III, CEO
CAVINESS & CATES BUILDING & DEVELOPING CO.
By:
Wa son Caviness, President
_5_ .
��
Uhris dates
From: Billy Wellons (Billy@a wswellonsrealty.com)
Sent: Wednesday, September 21, 2011 2:55 PM
To: Chris Cates
Cc: ralphhuff o@hhhomes.com; Greg West; Jackie Hairr, Scott Brown
Subject: RE: Coopers Creek
Chris i just reviewed our contract and You and Ralph have purchased 31 lots in phase one. Ralph bought one
extra on a presale. That leaves 15 lots to be purchased in phase one which you are suppose to do 120 days after
the purchase of the first 30. According to our records C&C was going to purchase 8 thru 10 and 15 thru 19. H &H
is going to purchase 7,20 thru 24 and 26 to finish phase one. The 120 days was 8 -13 -11 for Ralph and 9 -9 -11 for
C &C.
The new paving that you have made reference too is Phase 2. 1 have completed Phase 2 and we are including
Phase 3a as a part of 2. That will complete all of the infrastructure to the round -a — bout. When I pave phase 3a,
I hope to record both of these sections at the same time. If you were to have a presale in any of the new
sections 1 will try to move forward to get phase 2 recorded as soon as I can. Then I would do as I did for Ralph
and sell the individual lot. I am in the process of putting my number together so that I can price Phase 2 and 3a
for you guys. If we need to set up a meeting we can. I would like to know that things are going well and that we.
are on tract.
I had some issues with the county and me getting what I needed for the circle in terms of a water tap. Lots of
Crap if you know what I mean. I have been promised by Wellons that my 1 inch saddle will be in this week, then I
can get a water meter for irrigation. I did not want to plant until this was done. I hope to start all of this in the
next 10 days. We are getting the trees and plants In place now from the nursery.
As I mentioned in the 2nd paragraph we are now putting the water and sewer in Phase 3a and as soon as we do
that we will pave everything to Ray Road. Then it will all be new with the entrance landscaped. You and Ralph's
sales people will use Northpoint road for and entrance until we get this paved or they can go in at the normal
entrance and turn right on Aspen and go around to the new section.
Any of you guys call me if you have any questions and I will wait to hear from you as to when you will close on
the rest of Phase 1.
Billy Wellons
From: Chris Cates [ mailto :chris @cavinessandcates.com]
Sent: Wednesday, September 21, 20117:12 AM
To: Billy Wellons
Subject: Coopers Creek
Billy -
Good morning and hope you are well. I have a question about Coopers Creek. I was out there yesterday and
noticed 2 different sections that are paved. One in front of our current section of lots heading back towards the
main road and one behind. Are we able to purchase lots in either area? Are you getting those recorded at the
same time?
Also do you have a timetable on the landscaping for the entrance?
10112/2011