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HomeMy WebLinkAbout11071988 (3)NORTHWEST WATER AND SEWER DISTRICT MEETING, NOVEMBER 7, 1988 69\ RESOLUTION RE: OPTION TO PUR- CHASE TANK SITE RESOLUTION RE: OPTION TO PUR- CHASE MASTER METER SITE ADJOURNMENT DOCUMENT NO. 1. The Harnett County Board of Commissioners sitting as the governing body of Northwest Water and Sewer District of Harnett County met November 7, 1988, in the County Office Building, Lillington, North Carolina, with the following members present: Bill Shaw, Rudy Collins, 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 Stewart called the meeting to order at 10:45 a.m. John M. Phelps, II, Public Utilities Attorney, presented a resolution re- garding an option to purchase a tank site. Commissioner Smith made a motion to adopt the resolution. Commissioner Collins seconded the motion and it passed with a unanimous vote. The resolution is copied in full at the end of these minutes dated November 7, 1988, as document No. 1. John M. Phelps, II, Public Utilities Attorney, presented a resolution re- garding an option to purchase a master meter site. Commissioner Smith made a motion to adopt the resolution. Commissioner Collins seconded the motion and it passed with a unanimous vote. The resolution is copied in full at the end of these minutes dated November 7, 1988, as document No. 2. There being no further business, the Harnett County Board of Commissioners sitting as the governing body of Northwest Water and Sewer District of Harnett County duly adjourned at 10:50 a.m. Stewart, C airman 61 4 ,d Kay S. lanchard, Recording Secretary GvvcaoaJ (AJ v Vanessa W. Young, C1er to th® Board RESOLUTION REGARDING OPTION TO PURCHASE TANK SITE (NORTHWEST WATER AND SEWER DISTRICT OF HARNETT COUNTY) WHEREAS, the Northwest Water and Sewer District of Harnett County (hereinafter "the District ") in order to construct and install the first 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 .240 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 Northwest 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 Board of Commissioners, sitting as the governing body of the Northwest 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. 70 NORTH CAROLINA HARNETT COUNTY 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. Duly adopted this 7 K. day of November, 1988, upon motion made by Commissioner yn j /-/\ , seconded by Commissioner Co II s and adopted by the following vote. Ayes S Noes Q Absent 0 Abstained Exhibit "A" OPTION TO PURCHASE REAL ESTATE This Option to Purchase made the _ day of November, 1988, between L. W. BENNETT, JR., Trustee as provided in that Deed recorded at Book 537, page 211, Harnett County Registry, hereinafter referred to as Seller, to the NORTHWEST 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 ($100.00) 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 parcel of land together with all improvements located thereon in the Township of Buckhorn, County of Harnett, State of North Carolina, being known as and more particularly described as follows: Beginning at an Existing Iron Pipe in the eastern margin of the right of way of NCSR 1407, designated as Point G on the hereinbelow referenced plat, said beginning point being located approximately 600 feet northeast of the intersection of the eastern margin of the right of way of NCSR 1407 and the northern margin of the right of way of NC Highway 42; and runs thence from said beginning point with the eastern margin of the right of way of said NCSR 1407 North 19 °. 07' 42" East 81.45 feet to an Iron Pipe Set (designated as Point Ii on the referenced plat); and runs thence continuing with said right of way of NCSR 1407 North 180 48' 02" East 18.55 feet to an Iron Pipe Set (designated as Point 1 on the referenced plat); and runs thence South 70° 46' 29" East 104.79 feet to an Iron Pipe Set (designated as Point P on the referenced plat); and runs thence South 19° 08' 00" West 100 feet to an Existing Iron Pipe (designated as Point F on the referenced plat); and runs thence North 70° 46' 29" West 104.68 feet to the point and place of Beginning, containing .240 acres and is designated as "Tract 5 Area (Harnett County Well Site) " - on a plat entitled "Property of L. W. Bennett, Trust" dated June 25, 1986 (Revised September 6, 1988) and prepared by Watkins & Associates, P.A., Fuquay - Varina, North Carolina. 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 L. W. Bennett, Jr.,, Post Office Box 393, Fuquay- Varina, North Carolina 27526. 71 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 Six thousand (6,000.00) 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) Upon notice of exercise as provided above, the Seller shall promptly cause an actual and accurate survey of the subject real property to be conducted by a competent surveyor or civil engineer. Said survey shall be on the ground of all outside boundary lines of said real property and all corners shall be clearly marked and staked. Following the survey, a plat of the said surveyed real property shall be provided to Buyer by Seller. The cost of the survey and preparation of the plat shall be paid by Seller. (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. (d) All deeds of trust, liens and other charges against the property must be paid and cancelled by Seller prior to or at closing. (e) It is agreed that there must be no restrictions or easements upon the property that would prevent the reasonable use of the same for purposes 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. 72 nOCiMENT NO. 2. 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 he 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. 6. 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. RESOLUTION REGARDING OPTION TO PURCHASE. MASTER METER SITE (NORTHWEST WATER AND SEWER DISTRICT OF HARNETT COUNTY) WHEREAS, the Northwest Water and Sewer District of Harnett County (hereinafter "the District") in order to construct and install the first phase of its water distribution facilities within its boundaries, is in need of and desires to acquire real property upon which to locate a master meter facility; and WHEREAS, the District has the opportunity to enter into an option to purchase a.166acre tract of real estate upon which the referenced master meter facility may be located; and WHEREAS, said tract is of sufficient size to accomodate the said facility 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 Northwest 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 Board of Commissioners, sitting as the governing body of the Northwest 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 owners of the above referenced tract the sum of One hundred ($100.00) Dollars as consideration for said Option. Duly adopted this 74 day of November, 1988, upon motion made by Commissioner ?� k NORTH CAROLINA HARNETT COUNTY .S m i , seconded by Commissioner and adopted by the following vote. Ayes 5 Noes Q Absent () Abstained n Exhibit "A" OPTION TO PURCHASE REAL ESTATE This Option to Purchase made the _ day of November, 1988, between MARY SUE COTTON EASON and husband JOHN D. EASON and RICHARD LEWIS COTTON and wife DORIS S. COTTON, hereinafter referred to as Seller, to the NORTHWEST 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, Buyer. WITNESSETH, that the Seller, hereinafter referred to as for and in consideration of the sum of One hundred ($100.00) 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 parcel of land together with all improvements located thereon in the Township of Hector's Creek, County of Harnett, State of North Carolina, being known as and more particularly described as follows: Beginning at a New Iron Pipe located in the eastern margin of the right of way of NCSR 1403 (a 60 foot right of way), said beginning point being located South 61° 01' 45" East approximately 50 feet from an existing gear located in-the centerline of said NCSR 1403, said existing gear being located approximately .9 miles southeast of the intersection of NCSR 1403 and U.S. Highway 401, and runs thence from said beginning point South 61° 01' 45" East 143.55 feet to a New Iron Pipe; and runs thence South 28° 58' 15" West 100.95 feet to a New Iron Pipe located in the eastern margin of the right of way of NCSR 1403; and runs thence along, with and as the eastern margin of the right of way of NCSR 1403 North 25° 54' 48" West 175.49 feet to the point and place of beginning and contains approximately .166 acres and is shown on a plat entitled "A Survey for Black & Veatch, Inc. dated August 9, 1988 and prepared by Fuquay Land Surveying, Inc. The above described property is a portion of that 75 acre tract conveyed to Mary Sue Cotton Eason and her brother Richard Lewis Cotton by Deed from Nellie U. Cotton, recorded at Book 648, page 283, Harnett County Registry. The terms and conditions of this option are 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 Richard L. Cotton, 4721 Yadkin Road, Raleigh, North Carolina 27609. 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 Five hundred ($500.00) 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. (d) All deeds of trust, liens and other charges against the property must be paid and cancelled by Seller prior to or at closing. (e) It is agreed that there must be no restrictions or easements upon the property that would prevent the reasonable use of the same for purposes of construction, installation, operation and use of a master meter facility, water distribution pipelines and related appurtenances. Seller agrees to comply with any local, county, state or federal government ldw 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. 75 (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. 6. 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.