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Home My WebLink About2012-425 DEAPR - Brian Ferrell for Legal Services on Dennis & Linda Brooks Land Donation $1,000 Z --rJ. Ferrell Firm, P.C. P.Q.Box 16564 Chapel Hill,North Carolina 27516 Telephone(919)883.4960 Fax(866)941-6233 BRIAN M.FERRELL E-MAIL: brian @ferrellfirm.com December 14,2012 John Roberts, Esquire Orange County Attorney P.O. Box 8181 Hillsborough,North Carolina 27278 Mr. Rich Shaw Orange County,North Carolina ERCD P.O. Box 8181 Hillsborough,North Carolina 27278 RE: Engagement for Legal Services: Acceptance of Donation to Orange County of a Parcel of Land from Mr.and Mrs. Dennis Brooks Dear John& Rich: Thank you for contacting me regarding Orange County's need for legal assistance in the closing of the above referenced parcel donation. If agreeable to the County, this letter establishes the terms of our engagement. I propose to perform the following legal services on behalf of the County. Title Search& Title Insurance I will conduct a title update search on the parcel of land having Orange County PIN 9854-93-0639, an approximately 1.07 acre portion of which will be donated to the County (the "Property'). The beginning date of the search will be the effective date of the last title insurance policy issued for the Property. The County will be responsible for the payment of the title insurance premium estimated by Investors Title Insurance Company for coverage in the amount of$10,300.00. Please be aware that matters of zoning and environmental hazards are not included in a standard title search; hence, if you require additional information from me concerning these issues,please so advise immediately. Zoning laws affect setback and use requirements to name a few. Environmental hazards include, but are not limited to, the existence of radon gas, lead-based paint,underground storage tanks and asbestos. Closing I will prepare a closing statement to be executed by the parties at the closing which will be held at the Brooks' attorney's office in Hillsborough or other location which you may designate. The parties agree to wire all closing funds and attorney's fees into my trust account prior to the closing. I will make every effort to provide the parties with a draft ol'the closing statement no less than 24 hours prior to the closing date. Following the closing, I will update title and record the deed at the office of'the Register of Deeds and prepare a final title opinion. Fees and Billing for Services Performed Ferrell Firm. P.C. will charge the County for work, performed on this matter at our normal hourly rates. with the total fee not to exceed $1.000.00. The hourly rate for Brian Ferrell is $225.00 per hour and the rate for work performed by Claire Sauls is$16 .00 per hour. Please note that costs of'survey, environmental reports, insurance premiums, tax stamps, recording fees. etc.. are NOT included in the legal fee quoted above. In the event the County requires representation prior to closing or additional legal work not referenced in this letter becomes necessary (such as work associated with clearing any title defects). then Ferrell Firm will perform such work at the County*s request at our normal hourly rates Please understand that we must charge for all work performed even if this transaction fails for any reason. Please do not hesitate to contact me with any questions or concerns regarding this letter. I look forward to working with you both on this nsaction oil behalf of the County. Sincerelv. working t ere "I you u "o on this a A3ri -errell )R T E FIRM The legal services engagement described herein is understood and agreed to: Orange County, North Cilrolula I r) Bv: _T_rTink CV&n"' Orange County INI,nager Date: This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. Orange County Finance Director ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: November 20, 2012 Action Agenda Item No. SUBJECT: Proposed Land Donation by Dennis and Linda Brooks DEPARTMENT: Environment, Agriculture, Parks PUBLIC HEARING: (YIN) No and Recreation (DEAPR) ATTACHMENT INFORMATION CONTACT: Location Map David Stancil, 245-2510 Rich Shaw, 245-2514 John Roberts. 245-2318 PURPOSE: To consider accepting the donation of a 1.07-acre parcel in Cheeks Township from Dennis and Linda Brooks for open space and recreation purposes. BACKGROUND: In March 2012 Orange County accepted a permanent conservation easement on farmland owned by Dennis and Linda Brooks. The Brooks farm is located south of Ben Johnston Road and west of Hillsborough (Cheeks Township). The conservation easement excludes a small portion of the property that was severed from the farm by the construction of Interstate 85 several decades ago. The 1.07-acre parcel is shown on the attached map. The Brooks intend to donate this property to Orange County for open space and recreation purposes. The property is located in the critical area of Upper Eno Protected Watershed, a priority watershed for land conservation. The land is entirely forested and includes a section of a stream (Rocky Run) that flows under the interstate highway and drains to the Eno River and Lake Ben Johnston, a drinking water intake for the Town of Hillsborough. The land is also within the proposed NC Mountains-to-Sea Trail planning corridor, and this parcel might be suitable for the planned trail. FINANCIAL IMPACT: The anticipated County cost to acquire the property is approximately $2,000 for transaction/closing costs. County funds for this transaction would come from the Lands Legacy Fund. Existing staff and resources would be used to monitor and manage the property as part of its normal duties and responsibilities for stewardship of the nearby County-owned Seven Mile Creek Preserve. The subject property is enrolled in the Present Use Value taxation program, so the land donation would not significantly lessen the amount of property taxes paid to the County. RECOMMENDATION(S): The Manager recommends that the Board approve of this land donation and authorize DEAPR staff to work with Dennis and Linda Brooks and the County Attorney to prepare a deed for the transfer of the subject property to Orange County. Brooks land donation(1.07 acre) 2 >v °4 °I} °t.,'°' Orange County, NC GIS Brooks land donation (1.07 acre) v � o 1 Inch = 1000 feet Created on 11/13/2012.Orange County,North Carolina. hV://server2.co.orange.nc.us/orangeNCGIS/default.aspx 11/13/2012