HomeMy WebLinkAboutRBPR-08-2021-38620.tif tA • THIS IS NOTA PERMIT Case# RBPR-08-202 1-3 8620
IQ CATAWBA COUNTY HEALTH DEPARTMENT
PLAN REVIEW APPLICATION FOR ENVIRONMENTAL SERVICES
\842 S" Residential Building Plan Review- Building New
IMPROVEMENT-AUTH_CONST- NEW WELL -
} ABANDONMENT
Applicant *KATHERINE RUMERY,PO BOX 515,TERRELL NC 28682
C:7047284958 KATIE@FOREVERCAROLINAS.COM
FOREVERCAROLINAS.COM
Contractor *G.P.KON CUSTOM BUILDERS,INC. (GRANTLAND WAGNER II),PO BOX 62,SHERRILLS FORD
NC 28673-
B:828-478-9699 C:7044001721F:828-478-9698 GPKONCUSTOMIIOMES@AOI,.COM
Land Owner ITOWARD BROTHERTON,298 SPRING WOOD DR,AIKEN SC 29803
Owner LAKE NORMAN RENTALS LLC (KEVIN CARTER),7029 DENISON RD,SUMMERFIELD NC 27358
C:3363371867 KEVIN@BULLDOGCAPITAL.COM
NAME TO APPEAR ON PERMIT
Lake Norman Rentals LLC (Kevin Carter)
SITE ADDRESS: 7877 VISTA VIEW DR,SHERRILLS FORD NC 28673 PIN # 460604836505
NAME of SUBDIVISION: Lot fl Section/Block
PROPERTY SIZE: Square Feet Acres 1.02
DIRECTIONS: Sherrills Frod RD,Slanting Bridge RD,Vista View DR on Right
PRIMARY CONTACT: Applicant SEWER TYPE: Septic Tank
GALLONS PER DAY: 600 WATER SUPPLY: Private Well
CRIBS WORK: 10/14/2022 NEW SITE PLAN FOR DRIVEWAY LOCATION.
New 5 bedroom Single Family Dwelling w/basement; 20x10 decks&porches
SITE INFORMATION
Do any of the following apply to the property for which this application is applied?
If the answer to any of the questions below is"YES",then supporting documentation is required:
Does this site contain any jurisdictional wetlands? No
Does this site contain any existing wastewater systems? No
Is any of the wastewater going to be generated on the site other than domestic sewage? No
Is the site subject to approval by any other public agency? Yes
Are there any easements or right-of-ways on this property? No
APPLICATION FOR: New Structure
STRUCTURE TYPE: PRIMARY RESIDENCE
FACILITY TYPE: Single Family Residence OTHER DESCRIPTION:
DESCRIPTION OF vacant lot
EXISTING STRUCTURES
ON SITE(IF ANY)
DIM EXISTING STRUCTURE:
NUMBER OF EXISTING BEDROOMS: #OF OCCUPANTS: 10
PROPOSED CONSTRUCTION
NEW STRUCTURE DIM:: 80x30;20x10 decks&porches
#OF NEW BEDROOMS:: 5
BASEMENT? Yes BASEMENT FIXTURES? Yes PLUMBING REQUIRED?Yes
Desired system types(Improvement Permit or Authorization to Construct):
ACCEPTED: ALTERNATIVE: CONVENTIONAL:
OTHER: INNOVATIVE: ANY: YES
Other described:
APPLICATION FOR WELL CONSTRUCTION
PROPOSED WELL TYPE: Individual Well REPLACE WELL?: NO
Chappli.:rtnm 10/14/2022 10:30 Page 1 of7
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. 4'A ♦ CATAWBA COUNTY
7�'' i 100A SOUTHWEST BLVD
�� NEWTON,NORTH CAROLINA 28658 INVOICE/RECEIPT
° 7-44 PHONE:828.465.8399
Friday,October 14,2022
I8 4 Z sM www.catawbacountync.gov
Invoice Number: 10-22-413459 Invoice Date: 10/14/2022
RBPR-08-2021-38620
CASE TYPE: Residential Building Plan Review WORK CLASS: Building New
SITE ADDRESS: 7877 VISTA VIEW DR,SI IERRILLS FORD NC 28673
Applicant *KATHERINE RUMERY,PO BOX 515,TERRELL NC 28682
C:7047284958 KA IE@FOREVERCAROLINAS.COM
Land Owner IIOWARD BROTI IERTON,298 SPRINGWOOD DR,AIKEN SC 29803
Owner LAKE NORMAN RENTALS LLC,7029 DENISON RD,SUMMERFIELD NC 27358
C:3363371 867 KEVIN@BULLDOGCAPITAL.COM
BULLDOGCAPITAL.COM
Contractor *G.P. KON CUSTOM BUILDERS,INC.,PO BOX 62,SHERRILLS FORD NC 28673-
B:828-478-9699C:7044001721 F:828-478-9698 GPKONCUSTOMHOMES@AOL.COM
AOL.COM
ACCOUNT: 7278
Contractor *WINDSOR CONTRACTING LLC,5603 NEW GARDEN VILLAGE DR,GREENSBORO NC 27429
B:3362152948 DDREWRYWWINDSORCOMMERCIAL.COM
PAYOR: *G.P. KON CUSTOM BUILDERS, INC.
FEES
RBPR-08-2021-38620 FEE AMT DUE AMT
Authorization to Construct Fee(New/Expan 110-580200-663000 10/142022 $300.00 $300.00
sion)Fee
Improvement Permit Fee 110-580200-663000 10/14/2022 $150.00 $150.00
FEES: $450.00 S450.00
TOTAL FEES: $450.00 $450.00
invoicereccipt 10/14/2022 09:04 Page I of l
Julia English
From: GP Kon Email <gpkon,daphne@aol.com>
Sent: Thursday, October 13, 2022 3:01 PM
To: Julia English
Subject: Re: 7877 and 7883 Vista View Drive
This is an external email. Please he cautious before clicking any links or attachments. If you have
questions about this email, please send them to suspiciousemail(aicatawbacountvnc.gov
III Julia,
Nothing has changed with the house location or number of bedrooms for either lot. I will call you now for
payment.
Take care,
Gra
Daphne R. Wagner
G.P. Kon Custom Builders, Inc.
Office Manager
www.gnkon.com
828-478-9699 Office
704-903-2717 Cell
Master Builder
Energy Star Builder
Founded in 1996
On Oct 13, 2022, at 1:04 PM, Julia English <JENGLISH@catawbacountync.gov> wrote:
New site plans received. Did anything change with house location size or number of bedrooms? For the
redraw I will need to collect new permit fees for each of these. Please call to submit that payment. $450
each lot,
Julia English
Administrative Assistant II
PO Box 389 125 Government Drive, Newton, NC 28658
(828) 465-8270 office
(828) 465-8276 fax
https://www.catawbacountvnc.gov/county-services/environmental-health/
i
Prepared by and return to:
Adrianne Edmonds
Schell Bray PLLC
230 N.Elm Street,Suite 1000
Greensboro,NC 27401
DECLARATION OF EASEMENTS
THIS DECLARATION OF EASEMENTS (this "Declaration") is made as of the 27th
day of March, 2023 (the "Effective Date"), by and between JOEL JOSEPH AND JULIE ANN
JOSEPH, jointly and severally (the "Residential Parcel Owner") and LAKE NORMAN
VACATION RENTALS, LLC, a North Carolina limited liability company (the "Commercial
Parcel Owner") (Commercial Parcel Owner and Residential Parcel Owner are each referred to
herein as a"Party"or"Declarant"and collectively, the"Parties"or"Declarants").
RECITALS
WHEREAS, Residential Parcel Owner is the owner of that certain tract or parcel of land
with an address of 7841 Vista View Dr., Sherrills Ford, Catawba County, NC and described as
Tract 1, consisting of 4.3444 acres more or less, 3.84 acres more or less, clear of R/W ("Tract
1"), on that certain plat prepared by Ronnie Dedmon Surveyors, P.A. and titled "Minor
Subdivision of Pearl Springs Village Sheet One" which plat is recorded in Plat Book 63, Page
88, in the Office of the Register of Deeds of Catawba County, North Carolina (the "Residential
Plat") (Tract 1 is referred to herein as the "Residential Parcel").
WHEREAS, Commercial Parcel Owner is the owner of that certain tract or parcel with
an address of 7877 Vista View Dr., Sherrills Ford, Catawba County, NC, as described in that
Deed recorded in Book 3688, Page 1761, in the Office of the Register of Deeds of Catawba
County, North Carolina, and being the westernmost lot, consisting of 1.09 acres more or less,
shown on that certain plat prepared by Hoke S. Heavner, Registered Surveyor, Lincolnton, NC
and titled "Map of W.C. Brotherton Sherrills Ford NC" ("7877 Vista View"), which plat is
recorded in Plat Book 12, Page 32, in the Office of the Register of Deeds of Catawba County,
North Carolina (the "Commercial Plat") (7877 Vista View is referred to herein as the
"Commercial Parcel").
WHEREAS, the Commercial Parcel and Residential Parcel are each referred to
individually as a"Parcel"and collectively as the"Premises".
WHEREAS, Residential Parcel Owner desires to convey to Commercial Parcel Owner
certain temporary and permanent, exclusive easements over portions of the Residential Parcel as
more particularly described herein.
WHEREAS, Commercial Parcel Owner desires to convey to Residential Parcel Owner
that certain non-exclusive permanent easement over that certain portion of the Commercial
Parcel as more particularly described herein.
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual
covenants and conditions herein contained, and other good and valuable consideration, the legal
sufficiency of which are hereby acknowledged, it is mutually covenanted and agreed as follows:
1. Temporary Construction Easement. Residential Parcel Owner, for itself and its successors
and assigns, hereby grants and conveys to Commercial Parcel Owner, its successors and assigns,
and its employees and contractors a temporary, non-exclusive, grading and construction
easement (the "Temporary Construction Easement") over those portions of the Residential Parcel
located within, and extending an additional ten feet on either side of the Permanent Easement
Area (as defined herein) (the "Temporary Easement Area") for the purposes of constructing
those portions of the improvements contemplated herein to be located on or adjacent to the
Residential Parcel. Upon substantial completion of the work on the Residential Parcel,
Commercial Parcel Owner shall, at its sole cost and expense, promptly place the Residential
Parcel in as good a condition as existed immediately prior to the work. All work undertaken in
connection with the Temporary Construction Easement shall be performed in a good and
workmanlike manner, in accordance with all applicable laws and ordinances, and so as to not
unreasonably disturb or interfere with Residential Parcel Owner's use and enjoyment of the
Residential Parcel. Commercial Parcel Owner shall not be permitted to use the Temporary
Construction Easement for the storage of vehicles or other materials or equipment unless same is
kept in a neat, safe and sightly condition. Commercial Parcel Owner shall indemnify, defend and
hold Residential Parcel Owner, its partners, affiliates, agents, officers, directors, and employees,
harmless from and against any loss, cost, claim, liability, or damage arising from use of the
Temporary Construction Easement by Commercial Parcel Owner or its employees and
contractors. Upon the sooner to occur of (a) one (1) year from the Effective Date, and (b)
substantial completion of the improvements, the Temporary Construction Easement shall
automatically terminate and be of no further force and effect.
2. Driveway and Utility Easements. Residential Parcel Owner, for itself and its successors
and assigns, hereby grants and conveys unto Commercial Parcel Owner, its successors and
assigns, an exclusive, perpetual easement over and across that certain portion of the Residential
Parcel consisting of approximately .08 acres and crosshatched on Exhibit A attached hereto (the
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"Permanent Easement Area" and collectively with the Temporary Easement Area, the "Easement
Areas") for: (i) the construction, installation, maintenance, repair, replacement, and relocation of:
(a) a paved driveway and related improvements, including but not limited to a driveway apron,
curb, and gutter, and (b) certain other improvements including but not limited to a gazebo and
stairs, for use by the Commercial Parcel Owner, its tenants, guests and invitees for pedestrian
and vehicular access, parking, ingress, egress, and deliveries to the Commercial Parcel and for
general enjoyment and recreation; and (ii) the construction, installation, maintenance, relocation,
repair and replacement and use of utilities to serve the Commercial Parcel (collectively, the
"Driveway Easements").
Commercial Parcel Owner shall be responsible for the maintenance of, replacement of
and repairs to the improvements located in the Driveway Easements. "Maintenance," as the term
is used in this paragraph, shall mean maintaining the improvements within the areas subject to
the Driveway Easements at all times in a safe, sightly, good, and functional condition and in
conformity with all applicable governmental regulations.
Residential Parcel Owner shall not interfere with Commercial Parcel Owner's easement
rights granted hereunder.
3. Frontage Easement. Commercial Parcel Owner grants to Residential Parcel Owner a non-
exclusive, perpetual easement over and across that certain portion of the Commercial Parcel
consisting of approximately .05 acres and crosshatched on Exhibit B attached hereto (the
"Frontage Easement Area") for use and enjoyment by the Residential Parcel Owner, its guests
and invitees (the "Frontage Easement"). Residential Parcel Owner is not permitted to construct
any improvements within the Frontage Easement Area.
Commercial Parcel Owner shall have continued use of the surface area included within the
Frontage Easement Area but agrees not to unreasonably interfere with Residential Owner's use
and easement and privileges and responsibilities associated therewith, nor to construct or permit
construction or placement of any type structure or make use of such easement areas in any
manner that will result in permanent interference, interruption, or impediment of Residential
Parcel Owner's easement and use of the Frontage Easement Area.
4. Terms and Conditions of the Easements. The Temporary Construction Easement, the
Driveway Easements, and the Frontage Easement are collectively referred to herein as the
"Easements". It is agreed that the Easements are granted solely to the owners from time to time
of the Premises, or any parts thereof, and that the grant of such Easements, rights and privileges
as well as the benefits from said grant, is not intended nor shall it be construed as creating any
rights in or for the benefit of the general public.
5. Insurance. Prior to commencing construction on the Residential Parcel, the Commercial
Parcel Owner shall obtain insurance coverage in amounts reasonably necessary to insure the
Commercial Parcel Owner and any related parties for the work to be completed on the
Residential Parcel. Residential Parcel Owner shall obtain and keep in force, a commercial
general liability insurance policy with an insurance company licensed in the State of North
Carolina, providing insurance against claims for bodily injury, and property damage involving or
3
arising out of the exercise of the rights by Residential Parcel Owner. Such policy shall provide
combined limits not less than $1,000,000.00 per occurrence and shall name Commercial Parcel
Owner as an additional insured.
6. Mechanics' Liens. Commercial Parcel Owner shall not permit any lien to be asserted
against the Residential Parcel as a result of its exercise of the rights granted under this
Declaration or the performance of work contemplated herein. If any mechanics' or
materialmen's lien, or similar is asserted against the Residential Parcel as a result of Commercial
Parcel Owner's presence thereon, the Commercial Parcel Owner shall promptly bond, satisfy,
defend or obtain the release of such lien, all at Commercial Parcel Owner's sole cost and
expense, and Commercial Parcel Owner shall indemnify and defend Residential Parcel Owner
from and against any claims arising out of or connected with such lien.
7. Binding Effect; Running with the Land. All the covenants, terms, agreements,
conditions, and restrictions set forth in this Declaration are intended to be and shall be construed
as covenants running with the land, binding upon, inuring to the benefit of and enforceable by
the parties hereto, their respective successors in interest, grantees and assignees, upon the terms,
provisions and conditions herein set forth.
8. Indemnification. Each Party shall and does hereby, indemnify and hold the other party,
its legal representatives, lessees, tenants, employees, successors and assigns (all of whom shall
be collectively referred to as the "Indemnitees") harmless of, from and against any and all loss,
cost, expense, suits, judgments and liabilities for damages or injuries, of whatsoever kind,
whether to persons or property, including but not limited to death or personal injury, arising in
any way by a reason of the use of the easements herein granted by the indemnifying parties;
provided, that this indemnity and hold harmless shall exclude any and all loss, cost, expense,
suits,judgments and liabilities for damages or injuries, of whatsoever kind, whether to persons or
property, caused by gross negligence or willful misconduct of"Indemnitees" or any other person
acting under their direction or contract with them or other third parties.
9. Disclaimer. Commercial Parcel Owner makes no representation or warranty regarding the
water or riparian rights, water quality or level of the lake adjacent to the Frontage Easement, nor
shall Commercial Parcel Owner be liable or responsible for maintaining or assuring access to
riparian rights, the water quality or level in the lake. Commercial Parcel Owner makes no
representation or warranty as to its ownership of the real property adjacent to the Frontage
Easement should the water level decrease, nor as to its ownership of the Frontage Easement
should the water level rise.
The Commercial Parcel Owner, its employees, agents, contractors, tenants, guests, and
invitees shall enter the Easement Areas at their own risk. The Residential Parcel Owner, its
employees, agents, contractors, tenants, guests, and invitees shall enter the Frontage Easement
Area at their own risk.
10. Modification. This Declaration may only be modified by written instrument executed by
the owners of fee title to the Premises, or such portion or portions thereof as are affected by such
modification, who are vested with such fee title at the time such modification is executed. The
4
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consent of tenants of the Premises, or any portion thereof, shall not be required for such
modification to be effective.
11. Foreclosure. In the event any lien secured by the Residential Parcel, which is superior in
priority to this Declaration, is foreclosed upon and the successor in interest to the fee simple title
to the Residential Parcel elects to disregard and terminate the rights and easements granted to the
Commercial Parcel herein, any rights and easements granted for the benefit of the Residential
Parcel herein shall similarly be terminated and of no further force and effect.
12. Automatic Termination. This Declaration, and the easements granted herein, other than
the Temporary Construction Easement, shall automatically terminate and be of no further force
and effect at such time as the Residential Parcel Owner becomes the fee simple owner of the
Frontage Easement Area and the Commercial Parcel Owner becomes the fee simple owner of the
Easement Areas.
13. Notices. All notices given pursuant to this Declaration shall be in writing and shall be
given by personal service, by United States mail or by United States express mail or other
established express delivery service (such as Federal Express), postage or delivery charge
prepaid, return receipt requested, addressed to the appropriate Party at the address set forth
below. If a notice must be given to a person other than one designated below, such notice shall
be sent to the person and address shown on the then current real property tax rolls of Catawba
County,North Carolina.
Commercial Parcel Owner: Lake Norman Vacation Rentals, LLC
Attn: Kevin Carter
7029 Denison Rd.
Summerfield, NC 27358
Residential Parcel Owner: Joel and Julie Ann Joseph
7841 Vista View Dr.
Sherrills Ford,NC 28673
w/copy to: Schell Bray PLLC
Attn: Adrianne Edmonds
230 N. Elm St., Suite 1000
Greensboro,NC 27401
The person and address to which notices are to be given may be changed at any time by any
Party, upon written notice to the other Parties. All notices given pursuant to this Declaration
shall be deemed given upon receipt. For the purpose of this Declaration, the term "receipt" shall
mean the earlier of any of the following: (i) the date of delivery of the notice or other document
to the address specified pursuant to subparagraph (a) above as shown on the return receipt, (ii)
the date of actual receipt of the notice or other document by the person or entity specified
pursuant to subparagraph (a) above, or(iii) in the case of refusal to accept delivery or inability to
deliver the notice or other document, the earlier of (A) the date of the attempted delivery or
5
refusal to accept delivery, (B) the date of the postmark on the return receipt, or (C) the date of
receipt of notice of refusal or notice of non-delivery by the sending Party.
14. Execution in Counterparts. This Declaration may be executed in several counterparts,
each of which shall be deemed an original. The signatures to this Declaration may be executed
and notarized on separate pages, and when attached to this Declaration shall constitute one
complete document.
15. Governing Law. Any Easements provided hereunder, and the improvements located
therein, shall be subject to compliance with all laws, ordinances and regulations as may be
applicable to the Premises. Further, this Declaration is made and entered into as a contract
respecting land and is to be governed, construed and enforced pursuant to and in accordance with
the laws of the State of North Carolina.
(signature pages to follow)
6
•
IN WITNESS WHEREOF, the undersigned has caused this instrument to be duly
executed pursuant to proper authority duly given as of the day and year first above written.
JOEL ell PH `.)
GAtA,0_,
JULI N JOSEPH
NORTH CAROLINA
VAPJC;ic. enlO LYr,?► COUNTY
I, 140 ,f1P,1 tt(1'�. R�1tY1e,4 , a notary public of the county and state
aforesaid, certify that Joel Joseph a d Julie Ann Joseph personally appeared before me this day
and acknowledged the execution of the foregoing instrument. Witness my hand and official
stamp or seal,this 014 day of Ip,r-C l , 2023.
My commission expires: 1 L`1�(U,.. Q. Notary Public
(90
K�THERdNk RUMERY
Nola(V public, I4Orlh.Carolina
Mack denbui(j CoUnly
My commisf:ton .kpires
April 15,2023
7
IN WITNESS WHEREOF, the undersigned has caused this instrument to be duly executed
pursuant to proper authority duly given as of the day and year first above written.
LAKE NORMAN VACATION RENTALS,LLC,
a North Carolina limited liability company
By: Bulldog Capital, LLC,
a North Carolina limited liability company,
its Manager
By:
Name: Kevin Carter
Title: Manager
NORTH CAROLINA
•-leex enbe jCOUNTY
I, vine, Ru,rnery , a notary public of the county and state
aforesaid, certify that Kevin Carter personally appeared before me this day and acknowledged
the execution of the foregoing instrument. Witness my hand and official stamp or seal, this
(72 Ce`s' day of Mara) , 2023.
r
My commission expires: Q 1'LQX 111 Notary Public
rtl 15 , aoa3 -
KATHERIME
Notary Public, Not rity 'ina
Mecklenburg fires
MY commission Exp
April 15,2023
8
Exhibit A
(depiction of Easement Areas granted to Commercial Parcel Owner)
.08 acres crosshatched area
••*LAKE .®
NORNAN••• pi MGR arr_ ***LAM'MI
•**LI
WC.T ACTUAL
MD&MET NORMAN',"
m LI I e► L2 fD L3 CP
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Exhibit B
(depiction of Frontage Easement Area granted to Residential Parcel Owner)
.05 acres crosshatched area
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