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HomeMy WebLinkAbout11071988 (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.