11071988 (2)65
SOUTH CENTRAL WATER AND SEWER DISTRICT MEETING, NOVEMBER 7, 1988
RESOLUTION RE:
OPTION TO PUR-
CHASE PHASE II
TANK SITE
ADJOURNMENT
DOCUMENT NO. 1.
The Harnett County Board of Commissioners sitting as the governing body of
South Central Water and Sewer District of Harnett County met November 7, 1988,
in the County Office Building, Lillington, North Carolina, with the following
members present: Rudy Collins, Bill Shaw, Mack Reid Hudson, Mayo Smith, and
Chairman Lloyd G. Stewart presiding. Others present were: Dallas H. Pope,
County Manager; Glenn Johnson, County Attorney; Vanessa W. Young, Clerk to the
Board, and Kay S. Blanchard, Recording Secretary.
Chairman Lloyd G. Stewart called the meeting to order at 10:50 a.m.
John M. Phelps, II, Public Utilities Attorney, presented a resolution re-
garding an option to purchase Phase II tank site. Commissioner Shaw made a
motion to adopt the resolution. Commissioner Smith seconded the motion and it
passed with a unanimous vote.
There being no further business, the Harnett County Board of Commissioners
sitting as the governing body of South Central Water and Sewer District of
Harnett County duly adjourned at 10:55 a.m.
IC 1 i a4te%a04(
Kay S . 1anchard, Recording Secretary
Lwa,
Vanessa W. Young, Clerk
RESOLUTION REGARDING OPTION
TO PURCHASE PHASE II TANK SITE
(SOUTH CENTRAL WATER AND SEWER DISTRICT OF HARNETT COUNTY)
WHEREAS, the South Central Water and Sewer District of Harnett
County (hereinafter "the District ") in order to construct and install
the second phase of its water distribution facilities within its
boundaries, is in need of and desires to acquire real property upon
which to locate a water storage tank; and
WHEREAS, the District has the opportunity to enter into an option
to purchase a .742 acre tract of real estate upon which the referenced
water storage tank may be located; and
WHEREAS, said tract is of sufficient size to accomodate
a water storage tank and is physically located at a point which is
hydraulically suitable for such use; and
WHEREAS, attached hereto as Exhibit "A" is an Option to Purchase
Real Estate" regarding the above referenced tract; and
WHEREAS, the Harnett County Board of Commissioners, sitting as
the governing body of the South Central Water and Sewer District of
Harnett County, upon review of said Option to Purchase Real Estate,
desires to authorize the District to enter into the same.
NOW THEREFORE, BE IT RESOLVED by the the Harnett County Hoard of
Commissioners, sitting as the governing body of the South Central
Water and Sewer District of Harnett County, that:
1. The District is hereby authorized to enter into the Option
to Purchase Real Estate attached hereto as Exhibit "A ".
2. The District, and its appropriate officers are hereby
authorized to execute said Option.
3. The District is authorized to pay to the current owner of
the above referenced tract the sum of One hundred ($100.00) Dollars as
consideration for said Option.
oard
Duly adopted
made by Commissioner
Smi }� and
this 71-IL
5haus
day of November, 1988, upon motion
, seconded by Commissioner
adopted by the following vote.
Ayes ,j Noes Q _ Absent () Abstained 0
Harnett County Board of
Commissioners, sitting as the
governing body of the
South Central Water and Sewer
District of Harnett County
Chairman
ATTEST:
Exhibit "A"
NORTH CAROLINA
HARNETT COUNTY
OPTION TO PURCHASE REAL ESTATE
This Option to Purchase made the _ day of November, 1988, between
TOM J. KEITH & ASSOCIATES, INC., a North Carolina corporation with offices
located at 121 Cool Springs Street, Fayetteville, Cumberland County, North
Carolina hereinafter referred to as Seller, to the SOUTH CENTRAL WATER AND
SEWER DISTRICT OF HARNETT COUNTY, a County Water and Sewer District, duly
organized and existing pursuant to Article 6, Chapter 162A of the North
Carolina General Statutes, hereinafter referred to as Buyer.
WITNESSETH, that the Seller, for and in consideration of the sum of
One Hundred (8100.00) Dollars to him in hand paid by the Buyer, receipt of
which is hereby acknowledged, does hereby give and grant unto the Buyer,
its, assigns, or representatives, the exclusive right and option to
purchase all of that certain plot, piece, or parcelof land
all improvements located thereon in the Township of Anderson
of Harnett, State of North Carolina, being known
described as follows:
together with
Creek, County
as and more particularly
Beginning at an existing iron pipe, corner between Lot No.
41 and Lot No. 42 (said corner being the northeast corner of
Lot No. 41 and the northwest corner of Lot No. 42) as shown
on a plat recorded at Map Book 13, page 51, Harnett County
Registry, as prepared by C. C. McDonald, Surveyor, in
October, 1967; and runs thence from said beginning point
along, with and as the northern line of said Lot No. 42
North 74° 10' 42" East 224.10 feet to an existing iron pipe,
said pipe being in the western margin of a 60 feet access
easement; and runs thence, along, with and as the western
margin of said access easement South 00° 06' 00" West 150
feet to an iron pipe set; and runs thence South 74° 10' 54"
West 224.14 feet to an iron pipe set located in the line
between Lot No. 42 and Lot No. 41; and runs thence along,
with and -assaid line North 00° 07' 04" East 150 feet to the
point and place of beginning and contains .742 acres as
shown on a plat entitled "South Central Water and Sewer
District of Harnett County Tank Site" dated September 30,
1988 prepared by T. & R Associates of Asheboro, North
Carolina.
TOGETHER WITH a perpetual and nonexclusive easement and
right of way for ingress, egress, and regress, over the
above mentioned 60 feet access easement, the -same being more
particularly described as follows:
67
Beginning at an existing iron pipe located at the northeast
corner of Lot No. 42, as shown on that plat recorded in Map
Book 13 page 51, Harnett County Registry, and runs thence
from said beginning point along, with and as the eastern
line of said Lot No. 42 South 000 02' 00" East 901.06 feet
to an existing iron pipe at the southeast corner of said Lot
No. 42 and on the northern margin of a 40 feet soil road
leading from SR 1116; and runs thence along, with and as the
northern margin of said soil road and the southern line of
said Lot No. 42 North 79° 30' 00" West 61.02 feet to an
existing iron pipe; and runs thence North 00° 02' 00" East
438.87 feet to an existing iron pipe; and runs thence North
00° 06' 00" East 283.89 feet to an iron pipe set, corner
with the above described .742 acre tract; and runs thence
along, with and as the line of said .742 acre tract North
00° 06' 00" East 150 feet to an existing iron pipe, another
corner with the .742 acre tract; and runs thence North 74°
10' 42" East 62.34 feet to the point and place of beginning
and is shown as the "60' Access Easement" orithe referenced
plat of the South Central Water and Sewer District of
Harnett County Tank Site.
The terms and conditions of this option are as follows:
1. TERM. This option shall exist and continue from the date on which
Seller's execution hereof is duly acknowledged until 5:00 o'clock p.m.
on the 3rd day of April, 1989.
2. EXERCISE. At any time during the option period, Buyer may exercise
this option by hand delivery or deposit of written notice by certified
or registered mail, return receipt requested thereof, to Seller by
notifying Tom J. Keith, Tom J. Keith 6 Associates, Inc., 121 Cool
Spring Street, Fayetteville, North Carolina 28301.
3. CONTRACT UPON EXERCISE. Upon exercise, the terms of purchase and sale
shall be as follows:
(a) The purchase price for the said real property described above
shall be Nine Thousand four hundred ($9,400.00) Dollars to be
paid by Buyer to Seller at the time of closing, upon delivery of
a good and sufficient deed to said property to Buyer by Seller
pursuant to the terms hereof. The consideration paid for this
option shall be applied to the above stated purchase price at
closing.
(b) It is acknowledged that Buyer has previously caused an actual and
accurate survey of,the subject real property to have been
conducted and that a plat of the said real property has been
prepared.
(c) Title must be delivered at closing by general warranty deed and
must be fee simple marketable title, free of all encumbrances
except ad valorem taxes for the current year (prorated to date of
closing), utility easements and unviolated restrictive covenants
that do not materially affect the value of property and such
other encumbrances as may be assumed or specifically approved by
Buyer. The subject property must have legal access to a public
right of way.
All deeds of
must be paid
It is agreed
the property
for purposes
trust, liens and other charges against the property
and cancelled by Seller prior to or at closing.
that there must be no restrictions or easements upon
that would prevent the reasonable use of the same
of construction, operation, use and maintenance of a
water storage tank,
water distribution pipelines and related
appurtenances. Seller agrees to comply with any local, county,
state or federal government law or regulation relative to zoning
or subdivision with respect to any condition precedent to the
recordation of the deed conveying and passing fee simple
marketable title to Buyer.
(f) The Buyer and Seller agree to execute any and all documents and
papers necessary in connection with the closing and transfer of
title within 30 days after the option is exercised, at a place
and time mutually agreed upon by the Buyer and Seller. The deed,
of general warranty, shall be made to Buyer.
(g) Unless otherwise provided, the following items shall be prorated
and adjusted between the parties or paid at closing:
(i) Ad valorem taxes on real property shall be prorated on a
calendar year basis to date of closing.
(ii) All late listing penalties, if any, shall be paid by
Seller.
(h) Buyer shall pay for the preparation of a deed and for revenue
stamps required by law, and shall pay for recording the deed and
for the costs of examination and certification of title.
(i) Possession shall be delivered at the time of closing.
4. APPLICATION OF OPTION MONEY. The consideration paid for this option,
above set forth, shall be applied on the purchase price at closing, if
this option is exercised. If this option is not exercised, the option
money will be retained by Seller. However, in the event that any of
the conditions hereto are not satisfied, or in the event of a breach
of this agreement by Seller, then the consideration paid for this
option shall be returned to Buyer, but such return shall not affect
any other remedies available to Buyer for such breach. In the event
this option is exercised and Buyer breaches this agreement, then the
consideration paid herefor shall be forfeited, but such forfeiture
•
shall not affect any other . remedies available to Seller for such
breach.
5. ASSIGNMENTS. This contract may not be assigned without the written
agreement of all parties, but if the same is assigned by agreement,
then the same shall be binding on the Assignee and his heirs,
successors or assigns.
PARTIES. This contract shall be binding upon and shall inure to the
benefit of the parties and their heirs, successors and /or assigns.
7 ENTIRE AGREEMENT. This contract contains the entire agreement of the
parties and there are no representations, inducements, or other
provisions other than those expressed in writing. All changes,
additions, or deletions hereto must be in writing and signed by all
parties.
8. REFERENCES. The singular as used herein shall include the plural and
any reference to gender shall include masculine, feminine and neuter.
IN WITNESS WHEREOF, the parties have hereunto executed this instrument
on the day and year indicated.
Executed by Seller this the _ day of November, 1988.