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Home My WebLink About2013-470 DEAPR - Kennon Carver Attorneys at Law for Legal Services for executing and recording the Bliss-Dobyns Conservation easement (35 acres) $3,000 KENNON � William A Anderson,III Gwendolyn C Brooks pllC Joel M GRhode,Cr ATTORNEYS AT LAW G Rlwde,•Craver James R Easthoin Brian M Ferrell William T Hutchins,Jr Benjamin B Ingold (Catherine I.•McKee Henry W SappenJield Let1{li P Vaned A William Kennon,Of Counsel October 24, 2013 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: Orange County's Acceptance of a Conservation Easement From Katherine Bliss&Brian Dobyns Dear John& Rich: i Thank you both for contacting me regarding Orange County's need for legal assistance in the closing of the above referenced conservation easement. I am pleased to assist the County f with this easement transaction. 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 full title search of no less than 30 years on the parcel of land having Orange County PIN 9854-10-5504, the same being an approximately 35.46 acre property located Cheeks Township, Orange County (the "Property"). I will provide the County with a preliminary title opinion on forms prescribed by Investors Title Insurance Company containing the results of the title search in advance of the closing. I will also procure a title insurance policy on the Property in the coverage amount you request. The title insurance premium will be determined by the title company based on the coverage amount requested by the County. Please be aware that matters of zoning and environmental hazards are not included in a standard title search. Please notify me immediately if you require additional information or assistance concerning these two issues. Zoning laws affect setback and use 1 4011 universi drive suite ?1 t 300,durham,nc,27707 post offiee boa 5I579,dutham,nc2.7717-1579 TELEPHONE 919 490 0500 FAX 919 490 0873 • wwwlennoneraver.eom J 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 legal description of the Property based on the survey that I understand is now being prepared specifically for this transaction. The legal description will be used to describe the Property in the Warranty Deed of Conservation Easement (the "Easement Deed"). The Easement Deed was drafted,negotiated and executed prior to my involvement in this matter. Therefore, I will not have any responsibility for preparation of the Easement Deed except for the preparation of the legal description. I also understand that it may be necessary for us to draft one or more subordination agreements given the Easements Property is currently encumbered by a mortgage loan. I am prepared to assist the County in the negotiation and/or preparation of any subordination agreement that may be necessary. I will prepare a closing statement to be executed by the parties. I am willing to conduct the closing in my offices or another location that works better for the parties. The County agrees to wire the closing funds into my trust account prior to the closing. I will mak=e every effort to provide the County with a draft of the settlement statement no less than 24 hours prior to the closing date. Following the closing, I will update title and record the new plat and Easement Deed in the office of the Register of Deeds and prepare a final title opinion and deliver the same to Investors Title for issuance of the title insurance policy. Legal Fees & Expenses My fees for performing the legal work outlined herein are as follows: (1) $85.00 dollars per hour for the services of my firm's real estate paralegal who will collect the necessary documents from the office of the Register of Deeds and otherwise assist me with this matter; and (2) $225.00 per hour for all work I perform. The maximum fees due under this agreement will not exceed $3,000.00. Please note that costs of survey, environmental reports, insurance premiums, tax stamps, recording fees, and other costs are NOT included in the legal fee quoted above. Any and all such costs incurred during this engagement will be billed to the County. In the event the County requires representation prior to closing or additional legal work not referenced in this letter becomes necessary (such as work associated with clearing any title defects), then I will perform such work at the County's specific request under an amendment to this agreement at our normal hourly rates I estimate the preliminary title opinion will be completed two weeks following my receipt of an executed copy of this letter. I can complete the closing whenever you request thereafter assuming the status of title is acceptable to the County. a 2 kennon cfaver,plle 4011 university drive,suire 300,thtrl Im,nc 2,770, post offiee box 515?9,drrrbant.ne 2 7717.1579 TELEPHONE 91.94900500,FAX 9194900873 uu•uakrnnonn'a„er.com I will begin work on this transaction as soon as I receive an executed copy of this letter agreement from the County. Please understand that I must charge for all work performed even if this transaction fails for any reason. Please do not hesitate to contact me with any questions or concerns regarding this letter. I look forward to working with you both on this transaction on behalf the County. Sin rely, r M. Ferre THE FIRM Engagement Letter Simnature Page The legal services engagement described herein is understood and agreed to: Orange Co rt ro ' By: ichael T e nt m County Manager Date: This instrument has been pre-audited in the manner required by the Local Government Budget an fiscal Control Act. f� Orange County Finance Director t 3 ' kennon craver,pllc 4011 unlrertlty drive,mire,300,durb4m,ne 2770; PO;e 0f ine box 51 S.'2 durt�rm,rat 2.7.71.74$,'9 TELEPHONE9194900500,FAX 9194900879 tva•u.kntno+uraner.rom