HomeMy WebLinkAboutAgenda - 05-01-2001-9a
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: May 1, 2001
Action Age a
Item No. ~~ ^
SUBJECT: Contract to Purchase - CHCCS Potential School Sites (Malcolm and Matrena
Hunter
DEPARTMENT: ERCD PUBLIC HEARING: (Y/N) No
Map of Site
Contract to Purchase TELEPHONE NUMBERS:
Hillsborough 732-81$1
Chapel Hill 9C8-4501
Durham 688-7331
Mebane 336-227-2031
ATTACHMENT(S): INFORMATION CONTACT:
David Stancil, 245-2590
PURPOSE: To consider the purchase of a
Malcolm and Matrena Hunter; and to exempt
from the requirements of G.S. 143, Article 3D.
44-acre tract of land on Eubanks Road from
surveying services incidental to this acquisition
BACKGROUND: In December 2000, ERCD staff began working with Chapel Hill-Carrboro City
Schools staff on the negotiation and purchase of land for potential school sites on Eubanks
Road. On January 26~', the County sent Malcolm and Matrena Hunter, the owners of. a 44-acre
site on Eubanks Road near the intersection with Old NC 86 (also referenced as parcel ID
number 986600643), anon-binding letter of intent to purchase. The property is bounded by
Eubanks Road to the north, Duke Forest lands to the east, lands owned by John H. Cate to the
south, and the Morris Grove Heights subdivision to the west. After discussing terms and
conditions, the Hunters have agreed to terms of purchase.
The County would pay the owners $1,050,000 for the property ($23,$64/acre), plus $10,500 in
deferred use value taxes due on the property and estimated closing costs of $4,500, for a total
of $1,065,000. Although there are no known underground storage tanks on the property, a
Phase I environmental assessment will be conducted prior to closing. Upon approval by the
Board, and contingent upon an acceptable environmental report, closing on the property would
occur on or before May 31; 2001.
Evaluation of the property indicates that the size and configuration of the property could
accommodate potential elementary and middle schools.
Further, a survey will be required of the site. G.S. 143, Article 3D allows counties to exempt
themselves from a selection process for surveyors on any project if the professional fee will be
less than $30,000, or, in their discretion, on any project by stating the reasons therefor. In order
to expedite the survey work and since the cost of work is estimated to be a fraction of the
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$30,000 threshold, it is recommended that the County exempt this project from the selection
process.
FINANCIAL IMPACT: The estimated purchase price of this properky totals $1,065,000
(including estimated closing costs): Funds to purchase the property would come from the
County's School/Park Reserve Fund. The chart below provides additional financial information
regarding the funds available in the School/Park Reserve Fund:
SchoollPark Reserve Fund
Funds Available 7!01!00 (including
interest earnings) 3,071,549
Projects Funded:
McGowan Creek Preserve 78,549
Hunter Property 1.065.000
Funds Remaining after Purchase of
Hunter Property 1,928,000
Upon BOCC ,approval of this purchase, staff will present a corresponding budget amendment at
the May 15 BOCC meeting.
RECOMMENDATION(S): The Manager recommends that the Board:
• Approve the purchase of a 44-acre tract of land on Eubanks Road from Malcolm and
Matrena Hunter, and
• Authorize the Chair to sign the contract on behalf of the County; and
• Instruct the County Attorney and staffs from ERCD and Finance to schedule and complete
closing on the properly on or before to May 31, 2001; and
• Exempt this project from the requirements of G.S. 143, Article 3D as it respects the selection
of surveyors.
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Potential Schools Site
Chapel H i I I -Carrboro City Schools
Legend County of OrangF
- Carrboro City Limits N Hunter Property ERCD
1:2318fi ~ 44 Acres April 24, 2001
Chapel Hill Township Beth Young
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Prepared by: Geoffrey E. Gledhill
Return to: Geoffrey E. Gledhill., P.0. Drawer 1529,
Hillsborough, NC 27278
STATE OF NORTH CAROLINA
COUNTY OF ORANGE
OFFER TO PURCHASE AND CONTRACT
THIS OFFER TO PURCHASE AND CONTRACT ("Agreement"), made and
entered into this the day of 2001 by and between
MALCOLM RAY HUNTER and MATRENA FINN HUNTER, husband and wife,
having an address of 6100 Friendly Avenue, #1208, Greensboro,
North Carolina 27410-4057, hereafter called "Seller", and the
COUNTY OF ORANGE, NORTH CAROLINA, a body politic and corporate, a
political subdivision of the State of North Carolina, having an
address of P.0. Box 8181, Hillsborough, North Carolina 27278,
hereafter called "Buyer";
WITNESSETH:
Buyer hereby offers to purchase and Seller, upon acceptance
of ,said offer, agrees to sell and convey, all of that plot, piece
or parcel of real property located in Orange Caunty, North
Carolina, which said real property is more particularly described
as follows:
The 43.81.-acre tract of-land identified as
on the plat of property titled "
prepared by R.L.S., which plat
is recorded at Plat Baok Page , Orange County
Registry. The Property is further identified as Orange
Caunty P.I.N. 9860-96-5382 and has an Orange County tax
map reference of 7.23.C.1.
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THE TERMS AND CONDITIONS OF THIS AGREEMENT ARE AS FOLLOWS:
1. PURCHASE PRICE: The purchase price for the Property
shall be ONE MILLION SIXTY THOUSAND FIVE HUNDRED AND 00/100
DOLLARS ($1,060,500). The purchase price shall be paid by payment
in cash at the closing.
2. TITLE: Title will be delivered to Buyer at closing by a
General Warranty Deed made to the County of Orange, North
Carolina, which shall be fee simple marketable title, free of
liens, encumbrances, easements, restrictions, rights and
conditions, including, but not limited to, any promissory note,
mortgage, deed of trust, real estate contract, right of first
refusal, or option to buy, other than current property taxes and.
rights, reservations, covenants, easements, conditions, and
restrictions of record as of the effective date of this Agreement
that do not materially affect the value of the Property or unduly
interfere with Buyer's intended use of the Property, and those
exceptions approved in writing by Buyer ("Permitted Exceptions").
3. REPRESENTATIONS, WARRANTIES AND COVENANTS OF SELLER:
Seller makes the following representations and warranties to
Buyer as of the effective date of this Agreement and again as of
the Closing Date:
(a) Title. At the Closing Date, Seller shall have good,
marketable, and indefeasible fee simple title to the Property
subject only to the Permitted Exceptions, and Seller is aware of
no other matters that adversely affect title to the Property.
(b) Leases. There are no leases, licenses, or other
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agreements granting any person or persons the right to use or
occupy the Property or any portion thereof.
(c) Options. Seller has not granted any options nor
committed nor obligated themselves in any manner whatsoever to
sell the Property or any portion thereof to any party other than
Buyer.
(d) Construction Liens. To the extent any improvements
have been made or will be made to the Property prior to the
Closing Date that might farm the basis of mechanics'„ or
materialmen's liens, Seller agrees to keep the Property free from
such liens that might result and to indemnify, defend, and hold
Buyer harmless from any and all such liens and all attorneys'
fees and other costs incurred by reason thereof.
(e) Rego-rts. All Reports, certificates, and other
documents containing factual information delivered by Seller, or
by Seller's agents in connection with this Agreement, are and
shall be, to the best of Seller's knowledge, true and complete
and shall not contain any untrue statement of material. fact or
omit to state any material fact, the disclosure of which is
necessary to make the statements contained therein and in this
Agreement, in light of the circumstances under which they are
made, not misleading.
(f) Ins ections and Environmental.
(1) Seller has no knowledge of any underground storage
tanks being located on the Property. Buyer agrees to perform a
Phase T Environmental Assessment of the Property (hereafter "the
Phase I"), at Buyer's expense. Should the Phase I disclose that
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one or more underground storage tanks to be located on the
property, a condition precedent to Buyer's obligation to close on
the sale of the Property is that the following be done at
Seller's expense: (1) any underground storage tanks located on
the Property be removed, (2) all discharged fuel oil or other
contaminants be removed from the Property, (3) a copy of a
certificate demonstrating removal and clean-up be provided to
Orange County, c/o Pamela Jones, Director of Purchasing and
Central Services, 132 E. King Street, Hillsborough, North
Carolina 27278, as soon as the certificate is available and (4)
the original of the certificate be provided to Buyer at the
closing.
(2) Seller warrants and represents to Buyer as
follows:
(i) Seller has no knowledge of, and no reason to
believe (A) that any industrial use has been made of the
Property, (B) that the Property has been used for the storage,
treatment or disposal of chemicals or any wastes or materials
that are classified by federal, State or local laws as hazardous
or toxic substances, or (C) that any manufacturing, landfilling
or chemical production has occurred on the Property.
(ii) The Property is in compliance with all
federal, State and local environmental laws and regulations,
including, but not limited to, the Comprehensive Environmental
Response, Compensation and Liability Act of 1980 ("CERCLA"),
Public Law No. .96-510, 94 Stat. 2767, 42 USC 9601 et sea., and
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the Superfund Amendments and Reauthozization Act of 1986
("SARA"), Public Law No. 99-499, 100 Stat. 1613.
(iii) Seller has fully disclosed to Buyer that
Seller has no knowledge of the existence, extent and nature of
any hazardous materials, substances, wastes or other
environmentally regulated substances (including without
limitation, any materials containing asbestos), in or under the
Property or use in connection therewith.
(3) Seller shall indemnify and hold Buyer, prior to
the date of closing, harmless from and against (i) any and all
damages, penalties, fines, claims, liens, suits, liabilities,
casts (including clean-up costs), judgments and expenses
(including attorneys', consultants' or experts' fees and
expenses) of every kind and nature suffered by or asserted,
against Buyer as a direct or indirect result of any warranty or
representation made by Seller in subsection (f) herein being
false or untrue in any material respect, or (ii) any requirement
under any law, regulation or ordinance, local, State or federal,
which requires the elimination or removal. of any hazardous
materials, substances, wastes or other environmentally regulated
substances by Buyer or Seller or any transferee or assignee of
Buyer or Seller.
(4) Should .the Phase I disclose the existence on the
Property of any hazardous materials, substances, wastes or other
environmentally regulated substances (including without
limitation, any materials containing asbestos), a condition
precedent to Buyer's obligation to close on the sale of the
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Property is that the following be done at Seller's expense: (1)
any such material or substance located on the Property be
removed; (2) other found contaminants be removed from the
Property, (3) that a copy of a certificate demonstrating removal
and clean-up be provided to Orange County, c/o Pamela Janes,
Director of Purchasing and Central Services, 132 E. King Street,
Hillsborough, North Carolina 27278, as soon as the certificate is
available and (4) that the original of the certificate be
provided to Buyer at the closing.
(5) In the event that Buyer elects not to close on
this transaction, the Buyer shall give Seller a copy of the Phase
I Environmental Assessment Report at no cost to Seller.
(g) Re resentations Warranties. A11 representations and
warranties contained in this Agreement are true and correct as of
the date of execution of this Agreement and will be true as of
the Closing Date.
4. SETTLEMENT CHARGES:
(a) Seller shall pay for the preparation of a deed, for the
preparation and recording of all documents necessary to convey
marketable fee simple title free of liens and encumbrances, and
for the excise tax required by law.
(b) Buyer shall pay for recording the deed.
(c) Ad valorem taxes on the Property, if any, shall be
prorated on a calendar year basis to the date of closing. Seller
shall pay any Orange County ad valorem taxes on personal property
of Seller for the entire year of the closing. Seller shall pay
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all deferred taxes and any tax penalties including late listing
penalties.
(d) Buyer shall pay for the entire cost of the survey of
the Property and all other closing costs other than those
associated with environmental cleanup, if necessary, as provided
in paragraph 3(f).
5. CONDITIONS:
(a) If and when water and sewer utilities are extended to
the Property, Buyer agrees to grant at no charge to Seller (other
than survey and OWASA fees as hereinafter set forth) a non-
exclusive easement for the further extension of water and sewer
utilities across the Property,'generally in the area where
indicated on the attached water and sewer easement area map, to
the lots that are owned by the Seller and located adjacent to the
Property and within the Morris Grove Heights Subdivision. Seller
agrees to obtain and pay for a survey of any water and sewer
easement across the Property required for the extension of such
water and sewer utilities. Buyer and Seller agree that the deed
transferring title shall make reference to Buyer's agreement to
convey the utility easements set forth herein. The location of
the water and sewer easement is subject to approval by Buyer. In
the event water and sewer is extended through the Property to
serve the lots that are owned by the Seller and located adjacent
to the Property and within the Morris Grove Heights Subdivision,
Seller will be responsible for the cost of the construction of
such extension of the water and sewer lines and for all OWASA
fees and charges for such extension. All plans and specifications
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for the construction must be reviewed and approved by Buyer
before construction is commenced. Buyer and Seller agree to enter
into such further agreements as are reasonably necessary to
accomplish the water and sewer extensions contemplated by this
subsection. Buyer's agreement with respect to such extension of
water and sewer utilities shall survive closing and execution and
delivery of the deed and shall not be merged therein.
(b) Seller agrees to allow Buyer access to the Property for
the purpose of inspecting, testing and analyzing the Property at
any time prior to the closing of the purchase of the Property.
(c) 0n request of Buyer, Seller agrees to exercise their
best efforts to deliver to Buyer, as soon as reasonably possible
following the signing of this agreement, copies of any title
information in possession of or available to Seller, including,
but not limited to, title insurance policies, attorneys opinions
on title, surveys, covenants, deeds, notes, and deeds of trust
and easements relating to the Property.
(d) Any and all deeds of trust, liens or other charges
against the Property not assumed by Buyer must be paid and
cancelled by Seller prior to or at closing.
6. MISCELLANEOUS PROVISIONS:
(a) This Agreement embodies and constitutes the entire
understanding between the parties with respect to the transaction
contemplated herein a:nd all prior agreements, understandings,
representations and statements, oral or written, are merged into
this Agreement. Neither this Agreement nor any provision hereof
may be waived, modified, amended, discharged or terminated except
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by an instrument signed by the party against whom the enforcement
of such waiver, modification, amendment or discharge ar
termination is sought, and then only to the extent set forth in
such instrument.
(b) This Agreement shall be governed by and construed in
accordance with the laws of the State of North Carolina, without,
however, giving effect to any principle of conflicts of law.
(c) The captions in this Agreement are inserted for
convenience of reference only and in no way define, describe ar
limit the scope or intent of .this Agreement or any of the
provisions hereof.
(d) Any provision herein contained which by its nature and
effect is required to be observed, kept or performed after the
Closing Date, shall survive the closing and remain binding upon
and far the benefit of the parties hereto, their heirs, personal
representatives, successors ar assigns, until fully observed,
kept or performed.
(e) This Agreement shall be binding and shall inure
to the benefit of the parties hereto and their respective
beneficiaries, heirs, personal representatives, successors and
permitted assigns.
(f) As used in this Agreement, the masculine shall include
the feminine and neuter, and vice versa; the singular shall
include the plural and the plural shall include the singular, as
the context may require.
(g) Any provision contained in this agreement which by its
nature and effect, if required to be observed, kept or performed
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after closing shall survive the closing and shall remain binding
upon and for the benefit of the parties hereto until fully
observed, kept or performed.
7. CLOSING: All parties agree to execute any and all
documents and papers necessary in connection with the closing and
transfer of title to the Property on or before May 31, 2001 in
Hillsborough, North Carolina ("Closing Date"). In the event that
the closing does not occur on May 31, 2001, then the Seller or
the Buyer, each in their sole discretion, shall have the right
together to extend the closing deadline or shall each have the
absolute unilateral right to terminate this contract, time being
of the essence.
8. POSSESSION: Possession of the Property shall be
delivered at closing.
IN WITNESS WHEREOF, the Seller has hereunto set their hands
and seals, the day and year written above, and Orange County has
caused this instrument to be signed by the chair of the Board of
County Commissioners and attested by the Clerk to its Board of
County Commissioners, all the day and year written above.
SELLER:
MATRENA FINN HUNTER
MALCOLM RAY HUNTER
(SEAL)
(SEAL)
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ATTEST:
Beverly A. Blythe, Clerk
to the Board of Commissioners
NORTH CAROLINA
COUNTY
BUYER:
COUNTY OF ORANGE, NORTH CAROLINA
By:
Stephen H. Halkiotis, Chair
Orange County Board of
Commissioners
I, a Notary Public of County
and the aforesaid State, certify that and
personally came before me this day and duly
sworn acknowledged that they executed the foregoing instrument
for the purposes contained within.
Witness my hand and official stamp or seal, this the
day of 200.
My commission expires:
NORTH CAROLINA
COUNTY OF ORANGE
Notary Public
I, a Notary Public of the County and State aforesaid,
certify that Beverly A. Blythe personally came before me this day
and acknowledged that she. is Clerk to the Board of Commissioners
for the County of Orange and that by authority duly given and as
the act of said County, the foregoing instrument was signed in
its name by the Chair of said Board of Commissioners and attested
by her as Clerk to said Board of Commissioners.
Witness my hand and official. stamp or seal, this the
day of 200_.
Notary Public
My commission expires:
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