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Home My WebLink About2000 S Contract-ERCD- Little River Natural Area and Park and Triangle Community Foundation (2)3_ a3 ~o~ c~~~ P~~ ' 3 NORTH CAROLINA OPTION TO PURCHASE This Option to Purchase made on 1~. ? Z~~ `, between TRTANGLE COM1VlITNITY FOiJNDATION, hereinafterrefened to as Seller, to O UNTY OF ORANGE, NORTH CAROLINA, hereinafter referred to as Buyer. ~ VJITNESSETH, that thc Seller, for and in consideration of the sum of ELEVEN THOUSAND AND NO/100s DOL~,ARS ($11,000.00) (hereinafter referred to as "Option Mone}~~ to them in hand paid by the Buyex, receipt of which is hereby acknowledged, does hereby give and grant imto the Buyer, their heirs, assigns, or representatives, the exclusive right and option to purchase all of that certain plot, piece, or parcel of land together with all improvements thereon, located in the County of Orange, State of North Cazolina, and more particulariy described as that portion of the 390.91 acre tract described on Exhibit A which is located entirely in Little River Township, Orange County, North Cazolina (hereinafier referred to as the Property"). At the time of the excrcise of this option, Buyer may exercise its option to purchase, aitematively, the entire plot, piece, or pazcel of land, less and except that 26 acre tract shown on Exhibit B, under the same terms as conditions. The terms and conditions of this option are as follows: Term, This option sha11 exist and continue unti15:04 P.M. EST on Mav 31. 2000. 2. Exercise. At any time during the option peziod, Buyer may exercise tYris oprion by hand delivery or deposit of written notice by certified or registered mail, retum receipt requested, to Seller at the following address: Mr. Fred Stang Triangle Community Foundation 100 Park Offices, Suite 209 P. O. Box 12834 Research Triangle Park, North Carolina 277Q9 Contract Upon Exercise. Upon exercise, the tezms of purchase and sale shall be as set forth on Exhibit C attached hereto, and incorporated herein by reference. 4. Application of Option Money. The consideration paid for this option, above set forth shall be applied to the purchase pzice at closing, if this option is exercised. If this option is not exercised, the Option Money will be retain.ed by Se11er, except as provided in S.A. below. Other Conditions. A. The parties hereto aclmowiedge that Durhazn County, North Carolina will enter into an Option to Purchase all of the Tract descnbed on Exhibit "A" which is located entireIy in Durham County, North Carolina. If Durham Coimty does not exercise the aforesaid option, then this Option, unless otherwise agreed to by Orange County and the Seller, will be null and void and the Option Money stl~ll be refizuded to Orange County. B. A Phase I Environmental Study will be conducted by the Buyer, at Buyer's expense, and shall be completed on or before 5:00 p.m. May 31, 2000. If the Phase I Environmental Study reveals conditions which disqualify the Buyer from receiving Clean Water Trust Fund grants for the property, then the Option Money shall be refunded to Buyer and the Option shall be terminated. C. Buyer a~ees to pay for and complete by May 1, 2000 the survey required to prepare the exhtbit to the Offer to Purchase and Contract, which survey will locate prxisely the property being purchased. If Buyer eleets not to purchase the 26 acre tract, then Buyer agrees that the survey will locate precisely the 26 acre tract, essentially along the lines shown on Exhibit " B". D. Buyer must notify Seller of its intent to omit the 26 acre tract from the purchase by 5:00 p.m. on May 31, 2000. • E. The Seller agrees to allow the Buyer access to the Property for inspecting, planning, design and fund raising purposes. F. The Buyer agrees to involve the Seller in future publicity and public relations events conceming the Property to a level mutually agreed upon by the Seller and tbie Buyer. N.C. Bar Asooc. form No. 8~ 1977 • PrimeC DY Mreement wfN Ma N.C. Bar Atsee. YW3 1N WITNESS WHL'REOF, the $eIIer has hereunto sct his hand and seal, or if corporate, has caused this instrument to be signed in its corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of its Board of Direciors, the day and year Srs~ ~ove written. _TRIANGLE COr~IlvIUNTTy FOUNDATION (C orate Na~ ~ ~ , B : ,[.~~ sident / ATTBST: '~~ ~, --~ e (~~>Secretary (Corporate S COUNTY OF' ORANGE, NORTH CAROLINA BY: ~? ~ JOHN . LINK, 7R., ge ounty Manager ATT . Beverly ly~e, lerk to the Bo< Commissioners ~~ p° ~• ~'4~J,v ~+~ ~ ~~, " ' .. NORTH CAROLINA, V" { a(/L~Counry, `~ _ ~, % ~O7AR~. ~"~ I, the undarsigned, a Notary Publ o} the CouMy F~nd Sute aforesaid, certify thM BEVPRLY p, BLYTHE personally came before me this day and acknowledged that shg~,j~Clerk to the Board of Commisaio f ~.,~ ;, ~ AU B~,(~ ~ U ~ ~t =. ners or Orange County and that by authority duly given and as the aM of said County, the foregoing instrument was signed in its name by John M. Link, Jr., the Courtty Manager, and attested by her as Clerk to said Board of Commissioners. • 9yG ~~~r~~`~ ~ ;; •`~ ~~• Wtr+ess my hand and o~cial stam or seal, thia ~ day of /`rnY'~~ f P •. ~oV • , _ _ -_ . 2000. T---r._ : My commission expiros:la_~ q-c~ 3 , ~lotary Public Sp,,,Z,~-t,~y? NORTH CAROUNA, County. ed I, ihe undersigr~ed, a Notary Publ'~c of the Courrty and State aforesaid, certity that t~ ( , penonally appearod before me this day and ackrawled ed the execution ot the foregoing instrument. Whness my hand and officiel stamp or seal this , _ day of , 2000. My commission expires:~~ p L G~ Naary Public ~~ I, tha undersigned, a Notary Public ot the County and State aforesaid, certifythat~~ ~. SEAt-STA;JIA personally came before me this day and acknowledged that he/she is Secresary of TRIANGIE COM~ FOUNDA710N, a North Carottne corporation, and that by authortty duly given and as the act of the corporation, the foregoing instrument was slgned in fts name by it President, sealed wkh i~s corpo~ e seal and attasted by him/her as its Secretary, Witness my hand and o icial St p or seal, this~ day oi ~pp0. T~ My commission expires: ~~'L.]~t otary Public l• ~~ Recommendatlon: Attach fupy completed 'Offer To Purchasa And CorrcraM" N.C. Bar Assoe. Fprm pc, 2, a$ Exlu-bR A to set out the terms of Purchau and Sale Upon Exeroise. ~HVrnteo N.C. Bar Assoc. form No. 8 0 1977 PrMteE Ey ApreemeM w7M 1M N.C. Bar Max. lOp3 ... .,.__y.., _. .. 1k r.st }~ :,.h -. r.~xsrr „aM '• ~ ,< , ~~,, , 85G~iL1IRG at a point iri the east siGe •o.L ~ 6~hie~ta Road at~d zuisning thrssce Norl~h 60° 28' 43" East 209.89 fan't ta;AiP01ri~; theiace Nort2~ 06' 38' 17" East 166.58 2eet to a pointr; thett~e North 60' 36~ 55" ~ast 2742.18 =nat to a point; thenCe North fi4"ca13' 08" Ea~st 2218.40 ieet to a point; thence 2torkh OB° 03' S3" Fas:~. 1793.25 feet to a point) thcutCa 2iorth 86° 50' 2~~` W~:sit 53~:94 ~ee~ to a point; thence North 01° 24` 42" East 2058.27 Seet to a poirttcfrt t2ie Centerline or Littla Riverj thence along and vith Littla~<,River the foJ.loviaq COtIx'ses and dis~ances: South 52° 36' 07" ~'tt~L 244.97 i`eet~ South 83'~25~ O8"'East 140.92 Eeet; ttorth 55~ 33' 50" Past iBe.35 feet~ South 88° 20~ 22M East 166.5b teat; Nor.th 87,i 33' 48" East 322.76 featj South 36° OOt 58" EaaC~91.11 fect~ Sp.~th 06' D9' 5Z" EasL I46.98 reatp SOtith 03° 44' OS " Bciat 135.69 ~q&~t~ Sotlth lI' OB~ 33w East 265_60 Peetf South ]3' S0' li° East.135.3T,~eet; South 17' 30' 09" East 179.29 feetj South 14'.i0' 28" East.2'8]..t5 Yeet~ Souttl 10' 31~ 53^ East 247.54 2eet; South 10' 40~ ~4" Ert&t..t4S.75 ~eet; 6outh i~' S8' 2e* East 101.94 feet; south 12° 10.-t3~~" Weat 361.58 fsat; South i?' G3' D9^ East 57.86 =eet; 5outh 21E~:~0~ 5~~ East i76.90 reeL; South 28° 37' 2D" Enst 231.23 feet; South 38° 51' 42" East 204.80 Peet; South 30' 35' 26" East 12Z.~iS,.t~nt;.SOath 59' 40' 05^ Eaat 141.53 Peet~ South 52° 37' 15" Ea~t 274•S~~>£eet; South 16' 22' 53K 17est 6~9.31 teat; South 63' 20'.08" FPtak.,.3~$A•72 leBtj South 26° 11' 06" Weat 19T.39 feat; South 06' 24' 39" East 2oa.o0 ~eet; South 66' 00~ 13M £ast 202.07 Ieet; south 19~~].2' 14" East 133.71 Seet; SOUth 11' 15' 20" EA5t 246.50 feat~ Sotith 28° 00' 37^ S88t 352.98 teat; South 35° 45' CO" East 140.Z0 feet; 6outh 57° 44~ 22" East i15.8o feet to a point in the Qroperty lina of North Fork Saction 3 as showu in Plat Book 113, Page 33; runnfnq thence alozsg and With said Horth For3c 2i~ae South 39' 36~ d2" West 2892.69 feet to a control cornex i.n the pzoperty line o~ Wade I,. Cavin, Deed Book 317, Paga 434; thenee aZong and vith t2ie Cavi.n line 2torth 64° 00' 52° West 865.45 Peet to a po3.z~.t in the southe.~7t r3gb.t oP xay of Rivarboat Road; thence crosaing said Rivesboat RoaG and with the T,ittle R~ve7C Fetrms line Piorth 64' 00' ~52^ Nest 919.53 Pect to a control corner in the property line ot.David Lee, DeeQ Book 389, Paga 34j thance along and irith tha Lee lint Nortb 87° 34` 46" Kest 846.72 xeet to a point in tha pro~erty iine of Robert V. Seck, ~'lat Book 47, Page 17; tb.ence 2t'ortt~ OS 33' 4i~" 5ast 110.06 Eeet; thence North 89' IS' S8" West 866.79 feet; thenee Nqith 00' 45' 19^ East 200.00 Yaet to a point; Ybence Nozth 89° 14' 20^ `4est 450.69 Peet to a Qoint; thence South 13° 59' 31" Ex~st 1.85.18 f4et to a point; the~,ca 2~oTth 89' 7.2' 02" WesC 118.29 ~eet to a peint in t.iie east linn of Gues6 ~toa8; tt~ence along and vith the east line of Guess ~toad North 38° 47' 1'7" West 311.57 fee~ to the poinb and place of BEGIltNING containinq 390.91 acres, moze•or leas, according to that unrecorded aurvey by Hamlett-Jennings &~sgaaiate6 eateQ october, I996 entitled "Reco~ablu~lation Plat George. W. Ne~+ton^ to vhicn survey zeferenco is hereby made £or a more particular description. qv:?ni:~09~3 ~ ~ ~ ~ ~~ r.~ r.~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~Xh i b; -~--.~, ~ ,. -ST a; ~ ' 4~~) p . .~ . qt.';:.. `i . ~ ~ ~ ~~~ ~ ~..