HomeMy WebLinkAbout2015-160-E Co. Atty. - Kennon Craver for legal services related to property exchange with AlterVue, LLC $2,500 DocuSign Envelope ID: EDA1146A-74A3-449E-87A9-390D219C8FEE
ICE NNON
William A Anderson,111
Gwendolyn C Brooks" ,plic
Joel MCraig ATTORNEYS AT LAW
G Rhodes Craver
James R.Easrhom
Brian M Ferrell
William T Hutchins,Jr"
Debomh A McDermott
Katherine L McKee
Henry W Sappenfseld
Leigh P Vaneil
A William Kennon,Retired
"Board Certified Specialist in
,state Planning d'Probate law
`Rowd Certified Specialist in Real Property Lau,;
Businen,Commercial and hidutn'iat Tmntaetiens
March 16,2015
John Roberts, Esquire
Orange County Attorney
P.O. Box 8181
Hillsborough,North Carolina 27278
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VIA EMAIL DELIVERY G�
RE: Engagement For Legal Services Related to Property Exchange with Altervue,LLC(the
'Project")
Dear John:
i
Thank you for contacting me last week regarding the above referenced matter, Kennon
Craver, PLLC, is pleased to assist Orange County (the "County") with certain legal services
described more fully below related to the Project, If agreeable to the County, this letter of
agreement sets out the basic terms of our engagement. We are prepared to move forward with
the following work once this agreement has been countersigned as indicated below. Please do
not hesitate to contact me if you have any questions regarding the scope or terms of the proposed
engagement.
T.Itle Search Title Insurance & Deed Preparation
We will conduct a title update search on the property to be received by Orange County
from Altervue, LLC, being an approximately 143 square foot portion of the property having
Orange County PIN 9865529132 (the "Altervue Property"). Our title update search will begin
on the date the last title insurance policy was issued for the Altervue Property. Following the
title searches described above, I will prepare a title opinion and procure a title insurance
commitment from Investors Title Insurance Company. I will work with Altervue's counsel and
counsel for Investors Title to address and resolve any title issues and defects discovered during
the title search to the extent the same are reasonably curable. The title commitment will secure
owner's coverage in the amount requested by the County and agreeable to Investors Title,
1
4011 university drive,suite 300,durbam,ne 27707 -post office box 51579,durbam,tic 27717.1579
T E L E P H 0 N E 919 490 0500 PAX 919 490 0873 • www,kennoncraver,com
DocuSign Envelope ID: EDA1146A-74A3-449E-87A9-390D219C8FEE
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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.
I will prepare a North Carolina non-warranty deed for the conveyance of an
approximately 6,633 square foot portion of property owned by Orange County having PIN
9865621043 to Altervue, LLC. I am proceeding under the assumption a new recordable survey
will be drawn for the parcels to be exchanged. I will draft the deed based on the new survey that
will be recorded at closing.
Closing
I will work with Altervue LLC's counsel to close the land exchange contemplated in this
agreement. I will coordinate the recording of the relevant deeds and plat map with Altervue's
lawyer.
Fees
This engagement is specifically limited to: (1)performing the title search described above r
on behalf of Orange County; (2) preparing the title opinion discussed above on behalf of Orange
County; (3)procuring title insurance as described above; (5)providing for the proper recordation
of the deeds and survey described above.
The County agrees to pay my firm an hourly rate of$225.00 for all work done up and
through the closing of the Project. This rate reflects a local government fee discount of$25.00
per hour off of my normal hourly rate of$250.00 per hour. The County also agrees to pay $85
per hour for the services of our firm's real estate paralegal who will collect the necessary
documents from the office of the Register of Deeds and otherwise assist me with the Project.
The County and/or Altervue, LLC is responsible for any and all costs associated with the Project
for title insurance premiums, survey costs, ad valorem taxes, recording costs, etc, The County
will pay all fees due my firm on the clay of recording via wire transfer into my trust account. The
County will also arrange to deliver the recording fees,title insurance premium,and tax stamps (if
any) necessary to record any and all transaction documents in the Orange County Registry and
procure title insurance to my trust account via wire transfer on the day of recording.
Please understand that I must charge for all work performed even if this transaction fails
for any reason. The total amount charged to the County for the work described herein will not
exceed Two Thousand Five Hundred and 00/100 Dollars($2,500,00).
kennon craverr,plIc
4011 radverrit>drive,rnitr•300,durk"n,ne 27707 post of fe'e box.71572 durGnnr,nu 2'"17I579
TELEPHONE 919 490 0500, FAX 949 4.9008'3 nom:v.ken nonrrever.rom
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DocuSign Envelope ID: EDA1146A-74A3-449E-87A9-39OD219C8FEE
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Do not hesitate to contact me with any questions or concerns regarding this letter. I look
forward to working with you on this transaction on behalf of the County.
Sincerely,
Ferrell
FO THE FIRM
DocuSigned by: -
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The legal services engagement described herein is understood and agreed to:
Orange Count �T((�rth Carolina
ocu$igned by:
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Bonnie3/19 X20 MY' County Manager
Date:
This instrum kassbwey-pre-audited in the manner required by the Local Government Budget
and Fiscal C n ,Ati bV,
ar�i=�r-a,aaza
Orange County Finance Director
1.
kennan aver,pile
4011 rsuiversiq drive,suite 300,durbam,nr 27707 + post office box.51.5"9,durham,pc T.""1'-I,S'9
TELEPHONE 9194900.500,FAX 919 490 0873 u,it,w.ken rorre rat,er.com