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HomeMy WebLinkAboutAgenda - 05-06-1998 -9ais ORANGE COUNTY _ _ BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: May 6, 1998 Action Agenda Item No. q ~ SUBJECT: Land Purchase -Kennedy Property DEPARTMENT: County Manager/ County Attorney PUBLIC HEARING: (Y/1~ BUDGET AMENDMENT: (Y/1~ ATTACHMENT(S): Offer to Purchase and Contract INFORMATION CONTACT: Geof Gledhill, 732-2196 TELEPHONE NUMBERS: Hillsborough 732-8181 Chapel Hill 968-4501 Durham 688-7331 Mebane 227-2031 PURPOSE: To enter into an offer to purchase and contract for a pazcel of land adjacent to the Orange County Northern Human Services Center in Cedaz Grove. BACKGROUND: The County has received an offer to purchase approximately 40 acres of property adjacent to the Northern Human Services Center. The purchase of additional acres at the Northern Human Services facility will allow for the upgrade of the existing septic system to handle increased waste flow. The current system has reached capacity and cannot provide for an increased number of individuals to use the facilities on a daily basis. Also, the purchase of the property will permit the expansion of the existing recreational azea. Currently, the facility has only one softball field and small playground area for the residents of northern Orange County. However, the additional property will allow the County to build more softball and soccer fields for recreational programs. Most of the property will remain natural and will be suitable for walking trails, picnicking and other passive recreational activities. As the attached Offer to Purchase and Contract reflects, Mr. and Mrs. Kennedy will accept an offer of $110,000 for the approximately 40 acres of property they own in Cedaz Grove. The property adjoins on the west the County's Northern Human Services property and extends westerly to the shoreline of the easternmost sediment pond upstream from Lake Orange. In addition to the conveyance of the property, the Kennedys have agreed to provide, in recordable form, a plat of the property for no additional cost to the County. The purchase of the property will be financed through 1997 Parks and Recreation bonds. The County will pay for the property with cash on hand, and reimburse itself when the first sale of 1997 approved bonds takes place in eazly 1999. RECOMMENDATION(S): The Manager and the Attorney recommend to the Board of Commissioners that Orange County purchase the Kennedy property per the terms and conditions contained in the Offer to Purchase and Contract that is attached and authorize the Chair to sign the Offer to Purchase and Contract on behalf of Orange County. O('~IsR TO PURCHAS(: AND CONTRACT 2 a Orange County, North Carolina ,asBuycr. hereby offers to purchase and - E.H. Keene y an wi e, Eva F. Keene y , as Seller, upon acceptance of said offer, agrees to sell and convey, all of that plot, piece or parcel of land described below, together with all improvements located thereon and such fixtures and personal property as are listed below (collectively referred to as "the Property"), upon the following terms and conditions: Township I. REAL PROPERTY: Located in the LN`~ of Cedar GTOVe ,County of Orange , Srue of North Carolina, being known as and more particularly described as: Street Address Zip Legal Description: see i i a ac e ereto (^ All ^ A ponion of the property in Deed Reference: Book ,Page No. County.) NOTE: Prior to signing the Offer to Purchase and Contract, Buyer is advised to review Restrictive Covenants, if any, which may limit the use of the Property, anti to read the Declaration of Restrictive Covenants, By-Laws, Articles of Incorporation, Rules and Regulations, and other governing documents of the owners' association and/or the subdivision, if applicable. ' 2. FIXTURES: The following items, if any, are inclutletl in the purchase price free of liens: any built-in appliances, light fixtures, ceiling fans, anached Floor coverings, blinds and shades including window hardware, window anti door screens, storm windows, combination doors, awnings, antennas, satellite dishes and receivers, burglar/fire/smoke alarms, pool and spa equipment, solarenergy systems, attached fireplace screens, gas logs, fireplace inserts, electric garage door openers with controls, outdoor plants and trees (other than in movable containers), basketball goals, storage sheds, mailboxes, wall and/or door mirrors, and any items attached or affixed to the Property, EXCEPT the following items: 3. PERSONAL PROPERTY: The following personal property is inclutletl in the purchase price: 4. PURCHASE PRICE: The purchase price is $ t 0 • ~ and shall be paid as follows: (a) $ ,EARNEST MONEY DEPOSIT by D cash ^ personal check ^ bank check ^ certified check ^ other to be deposited and held in escrow by as escrow agent, until the sale is closed, at which time it wi II he credited to Buyer, or until this contract is otherwise terminated. In the event. (I) this offer is not accepted; or (2) any of the conditions hereto are not satisfied, then all earnest monies shall he returned to Buyer In the event of breach of this contract by Seller, upon Buyer's request, all earnest monies shall be returned to Buyer, but such return shall not affect any other remedies available to Btryer for such breach. In the event this offer is accepted and Buyer breaches this contract, then all earnest monies shall be forfeited upon Seller's request, but receipt of such forfeited earnest monies shall not affect any other remedies available to Seller for such breach. NOTE: In the event of a dispute between Seller and Buyer over the return or forfeiture of earnest money held in escrow by a broker, the broker is required by state law to retain said earnest money in the broker's trust or escrow account until a written release from the parties consenting to ifs disposition has been obtained or until disbursement is ordered by a court of competent jurisdiction. - (b) $ ,ADDITIONAL EARNEST MONEY DEPOSIT to be paid to escrow agent no later than (c) $ , BY ASSUMP"I'ION of the unpaid principal balance and all obligations of Seller nn the existing loan (s) secured by a deed of trust on the Property in accordance with the attached Loan Assumption Addendum. (d) $ , BY SELLER FINANCING in accordance with the attached Seller Financing Addendum. (e) $ 110, 000.00 ,BALANCE of the purchase price in cash at closing. 5. CONDITIONS: (State N/A in each blank that is not a condition to this contract.) (a) The Buyer must be able to obtain •u loan commihnent on or before ,effective through the date oFclasing, for a ^ PFIA ^ VA (attach FFIANA Financing Addendum) ^ Conventional ^ Other loan at a ^ Fixed Rme ^ Adjustable Rate ^ Other: in the principal amount of for a term of year(s), at an interest rate not to exceed % per annum, with mortgage loan discount points not to exceed % of the loan amount. Buyer agrees to use his best efforts to secure such commitment. Buyer shall be responsible for all costs with respect to any loan obtained by Buyer, except if Seller is to pay any of the Buyer's loan closing costs including discount points, those costs are as follows: In the event Buyer fails to pmvitle Seller with written evidence of the loan commitment within five days after receipt of a written request from Seller (but such request may not be made before the loan commitmem date listed above), then Seller may terminate this contract unless Buyer waives the loan commitment condition. Ih) There must he no restriction, easement, zoning ur other governmental regulation that world prevent the reasonable use of the real property for purposes. (c) The Property must be in substantially the same or better condition at closing as on the date of this offer, reasonable wear and tear excepted. (tq All deeds of tnrst, liens and other charges against the Property, not assumed by Buyer, must be paid and satisfied by Seller prior to or at closing such that cancellution may be promptly obtained following closing. Seller shall remain obligated to obtain •any such cancellations following closing. (e) Title must he delivered at closing by GENERAL WARRANTY DEED unless otherwise slated herein, and must be fee simple marketable title, free of all encumbrances except. ad valorem taxes for the current year (prorated through the date of closing); utility easements antl unviolated restrictive rnvenants that do not materially affect the value of the Property; and such other encumbrances as may be assumed or specifically approved by Buyer. The Property must have legal access to a public right of way. 6. SPECIAL ASSESSMENTS: Seller warrants that there are no governmental special assessments, either pending or confirmed, for sidewalk, paving, water, sewer, or other improvements on or adjoining the Property, and no owners' association special assessments, except as follows: (Insert "None" or the identification of such assessments, if any.) Seller shall pay all confirmed owners' asstx:iation assessments :rod all confirmed governmental assessments, if any, and Buyer shall take title subject to all pending assessments, if any, unless otherwise agreed as folhrvs: 7. PROBATIONS AND ADJUSTMENTS: Unless otherwise provided, the following items shall be prorated and eitheradjusted between the parties or paid at closing: (a) Ad valorem taxes on real property shall be prorated on a calendar year basis through the date of closing; (b) Ad valorem taxes on personal propeny 1'or the entire year shall he paid by the Seller unless the personal property is conveyed to the Btryer, in which case, the personal property taxes shall be prorated nn a calendar year basis through the date of closing. (c) All late listing penalties, if any, shall be paid by' Seller. (d) Rents, if any, for the Property shall be prorated through the [late of closing. (e) Owners' association dues, and other like charges shall be prorated through the d:ue of closing. Seller represents that the regular owners' assoxiation clues, if any, ere $ per K. (;LOSING h:XI'ISNSI?S: Seller shall pay lilt preparation ul' a decd and all other docuntems necessary to perfunn Srllcr's ohligaliuns under Ibis agreement, and for excise tax (revenue stamps) required by law. Buyer shall pay For recording the deed and for preparation and recording of all instruments required kt secure the balance of the purchase price unpaid at closing. 9. FUEL: Buyer agrees m purchase from Seller the fuel, if any, situated in any tank on the Property at the prevailing rate with the cost of measurement thereof, if any, being paid by Seller. 111. F:V IDENCE OF TITLE: Seller agrees to use his best efforts to deliver to Buyer as soon as reasonably possible after the acceptance of this offer, copies of all title information in possession of or available to Seller, including but not limited to: title insurance policies, attorney's opinions on title, surveys, covenants, deeds, notes and deeds of trust and easements relating to the Property. I I. LAI[OR AND MATERIAL: Seller shall furnish at closing an affidavit and indemnification agreement in form satisfactory to Buyer showing that all labor and materials, if any, furnished to the Property within 12(1 days prior to the date of closing have been paid for and agreeing to indemnify Buyer against all loss from any cause or claim arising therefrom. NC Bar Association Form No. 2, ©~ 996. This Standard Form has been approved jointly by the: PrinteA by Agreement with the NC Bar Association-1981 NORTH CAROLINA BAR ASSOCIATION-NC Bar Form No. 2 •^, ~,, -... •. ~.. i,.~ n,,, t~-r . ynrlkinv llr Nr' ~7n5F NORTH CAROLINA ASSOCIATION OF REALTORS', INC. -StanAarA Form No 2 12. 1'RUI'F,R"Tti' DISCLUSL'KE AND INSPEC"rIUNS: '~ (a) Property Disclosure: ^ Buyer has receiveJ'a signet copy of the Residential Property Disclosure Statement prior W the signing of this Offer to Purchase ant Cunuact. ^ Duyer has NUT receive) a signet copy of the Residential Property Disclosure Statement prior to the signing of this Offer io Purchase ant Contract ant shall have the right to terminate or withdraw this contract without penalty upon receipt of the Residential Property Disclosure Statement provide) such tenuination or withdrawal notice is hand DelivereJ or mailed to Seller or Seller's Agent within three Jays following receipt of same. ^ Exempt from Residential Property Disclosure Statement because (SEE GUIDELINES) ^ The Property is residential ant was built prior to 1978 (Attach Leal-Base) Paint or Leal-Base) Paint Hazards Disclosure AJDendunt.) (Ir) Properly Inspection: Unless ullterwiu: state) hcrciu, ur ;ts otherwise pnrvidal un an inspection aJDcndum attachcD hereto, Buyer shall have the option ul' inspecting uc obtaining at Buyer's expense, inspections to determine the condition of the Property. Unless otherwise state) herein, it is a condition ul' this contract that: (i) the built-in appli:utces•, electrical system, plumbing system, heating ant cooling systems, rtwf coverings tinduJing (lashing and golfers), deKtrs aaD windows, exterior surLtees, xhuctural conywnents (itnauJing fuwlJatiuos, culunuts, chinmeys, IbHrrs, walls, ceilings auJ cools), Iwrches unJ decks, fireplaces ;utJ Ilucs, crawl space and attic vattilaliun systems (il' aoy), water and sewer systems (public ant private), shall be perlimuing the function for which imenJeJ ant shall Wert be in nee) of ilmtteJiate repair: (ii) there shall be nu unusual Drainage l'UIIJIhU115 Ur CVldl.'Ul'L' UI L'Xl'eti,4lye IIWIStnfe aJVll:xay aIICI.'ting Dle tih'UCllll'e(ti); auD (iii) tla;ro shall lx no friable asbestos ur existing cnvirtnuncwal cmuaminatiun. htspectiuns nmst be cuntpleteJ un ur belbre Buyer is advise) to have arty ins ~ctiuns nraJe prior to iucutring,~nenses for closine and in suflicieut time to permit arty reyuireD repairs to be completeD by closin¢. (c) 1VouD-Destroying Ltsecls: Unless otherwise state) hcrciu, Buyer shall have the option ul'obtaining, at Buyer's expense, a reptnt from a license) pest control operator on a stanJard form in acconlance with the regulations of the North Carolina Structural Pest Control Committee, stating that there was nu visible eviJence of woexl-Destroying insects ant containing nu inJication of visible Jantage therefrom. The report must be obtaineD in wl ticient time su as to permit treaunent, if any, auD repairs, if any, to be completeD prior to closing. All treatment reyuireD shall be pail For by Seller and completeD prior W closing, unless otherwise agrceD upon in writing by the parties. The Buyer is advised that the inscection report deuribeD in this Itaragraphmpy not alw,1Ys reveal either structural Dantaee or Damage causeD by~yenL or organisms other than wtx>.J-Destroyjyp it, [sects. If new construction, Seller shall provide a startdarD warranty of termite soil treatnteot. (d) Kepairs: Pursuant to any inspections in (b) artJ/or (c) above, if •any repairs are necessary, Seller shall have the option of (i) completing them. (ii) providing for their completion, or (iii) refusing to complete them. If Seller elects not to complete or provide for the completion of the repairs, then Buyer shall h tion of (iv) accepting the Property iu i6s present condition, or (v) terminating this cont case all earnest monies shall be refunded. Unless otherwise state) herein, ur as otherwise proviJed on an inspetaion aDJenJum attacheD hereto, any items not covered by (b) (i), b (ii), b (iii) anD (c) above are exclude) from repair negotiations under this contract. (e) Acceptance: CL y1N' IlA ONS'TI'1'U'I'EACCEI'1'ANCEOBEACIIOFTI(ESYS'1'F.M1IS,ITEMSANUCONUff10NSLISTEU ABOVE IN ITS THEN EXISTING CONDITION UNLESS PKOVISION IS O'1'IIEKWISE MADE IN WRITING. !3. REASONABLE ACCESS: Seller will provide reasonable access to Buyer or Buyer's representatives for the purposes of appraisal, inspection, anJ/or evaluation. Buyer may conduct awalk-through inspeeaion of the Property prior to closing. iJ. CLOSING: Closing slwll be JefitteJ ae the date attd time of recording of tlx: Dee). All Irarties •agree to execute any mxl all Jocmrtents artD papers necessary in cuonectiun with closing and transfer of litk wt ur belbre .)uI12.1~1298 __ , at a place JesignateD by Buyer. "etc deed i. a, be maDe to Orange County, North Carolina, P.O. Box 181, Hlllsboroueh, NC 27278 I5. 1'US51iSS1UN: Unless otherwise providr:d herein, possession shall Ix: delivered at closing. lu the event possession is NO"T w be DelivereD at closing: ^ a buyer possession before closing agreement is attache). OR, ^ a scaler p~ssessionafter closing agrcanent is attached. Ifi. OTHER PROVISIONS ANU CUNUITIUNS: (ITEMIZE ALL AUUL'NUA'I'O TI IIS CON'1'KACT AND ATTACH IIEKETO. SEE LISP OF STANDARD FOKM ADDENDA AVAILABLC•.) See Exhibit B attached hereto. 17. RISK ON LOSS: The risk of fuss ur damage by tiro ur other casualty prior to closing slrall be upon Seller. [f the improvements un the Property are Destroyed or materially Dautaged prior to closing, Buyer may terminate this contract by written notice delivered to Seller or Seller's agent and all deposits shall be returned to Buyer. In the event Buyer does NO'C elect to terminate this cauract, Buyer shall be entitled to receive, in addition to the Property, any of the Seller's insurance prtxeeds payable un account of the Damage or tkstruction applicable to the Property being purchased. 18. ASSIGNMENTS: This contract may not be assigned without the written consent of all p:uties, but if assigned by agreement, then this contract shall be binding on the assignee altd his heirs art) successors. 19. PARTIES: Tltis contract shall be binding upon attd shall inure to the bettelit of the parties, i.e., Buyer and Seller and their heirs, successors ant asrigns. As uxd heroin, worts in Utc singular ittcluJe rho plural :utd tlu: ntaxulinc itnauJcs flu; fewinittc •arxl neuter genJers, :u appropriate. 20. SUKV IV AL: If any provision herein contained which by its nature atJ effect is required to be observed, kept or performed after the closing, it shall survive the closing auD remain binding upon and for the benefit of the parties hereto until fully observed, kept or performed. 21. ENTIKE AGREEMENT: Phis contract contains the entire •agreement of the parties and theft are no representations, inducements or other provisions other than these expressed herein. All changes, •additions ordeletiotts hereto must be in writing aixl signed by all parties. Nothing containeJ herein shall ahcr any agnY ntcnl lxawewt a REAI: COR' or broker and Seller ur Buyer as txauaineJ in any listing agrecrnent, buyer agcrx:y agrcentcnt. or any other agency agreement between then[. 22. EXECUTION: This otter shall become a binding contract when sighed by both Buyer and Seller. This contract is executed under seal in signed multiple originals, all uF which together constitute one aril the sartte instrument, with a signed original being retained by each party and each REALTOR'or broker hereto, arttl the parties adopt the word "SEAL" besiJe their signatures below. lF YOU DO NOT UNDERSTAND THIS OFFER TO PURCHASE AND CONTRACT OR FEEL THAT IT DOES NOT PROVIDE FOR YOUR LEGAL NEEDS, YOU SHOULD CONSULT A NORTH CAROLINA REAL ESTATE ATTORNEY BEFORE YOU SIGN IT. Buyer acknowled re having made an or -site •rsmtal examination of the Property prior to the making of U>ti r Qer. ORANGE , NORTH 0 Z~ By~ Buyer (St:nL) Seucr E.H. Keened C ~ (st•AL) SS/i'ax (D Buyer ~ (SEAL) Seller Eva F. Kennedy ~;,,,~ 4~ ~~,,.~,,, (SEAL) SS/1'ax ID# SS/tax ID# ~~ Date: Date: ~ - ~l-G - 9 4 ~ I hereby ackuowlcDge receipt of the earnest nwney hcrciu set Curth and agree lu hold and disburse the sauce in accordrnce with the lernts hereof. Date Firm: By: Selling AgeuUFinn/I'home Listing AgcnUFirnUPhone ^ Buyer's Agent ^ Seller's (sub)agent Acting as ^ Dual Agent ^ Seller's (sub)agent Acting as ^ Dual Agent Printed by Jemse Williams & Co., Inc. ©1998 NC BAR ASSOCIATION-Form No. 2 NC ASSOCIATION Of REALTORS©, INC.-Form No. 2 4 PIN 9858-84-1233 Exhibit A Property described in the deed recorded at the Orange County Registry and as shown on of the property prepared by Alois Callemyn plat is dated October 15, 1996 and revised Book 452, Page 552 of the plat of the survey Land Surveyors which lsg-12 kennedy.exA 5 Exhibit B Seller will provide to Buyer, at closing, fully paid for and in recordable form, the plat of the property prepared by Alois Callemyn Land Surveyors substantially the same as that plat prepared by Alois Callemyn Land Surveyors dated October 15, 1996 and entitled "Property Surveyed For Reita Brooks." The plat to be delivered to Buyer shall be revised to show that it is property surveyed for Orange County, North Carolina and further revised to eliminate the lines of and the title of the "PROPOSED 50' R/W" and to make such other minor changes so as to conform the plat to be in recordable form. lsg-12 kennedy.exB