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Home My WebLink About2023-255-E-DEAPR-KEITH A. BISHOP, PLLC.-Earnest payment for land acquisition of the 19.4 acre Kittrell-McAdoo tract Return after recording to: John L. Roberts, Office of the Orange County Attorney Box 8181, Hillsborough, NC 27278 NORTH CAROLINA COUNTY OF ORANGE NORTH CAROLINA OPTION TO PURCHASE REAL PROPERTY This Option to Purchase (“Option”) real property made on ________________between ___________________________, hereafter referred to as Seller and to ORANGE COUNTY, hereafter referred to as Buyer. A. For the purposes of Notice, the addresses of the parties to this Option are: SELLER: BUYER: KITTRELL ALBERT T & Orange County, a local body politic MCADOO WILBERT JR P. O. Box 8181 PO Box 135 Hillsborough, NC 27278 Efland, NC 27243 B. The Seller is the owner of property situated in Orange County and legally described at Book 4938, Page 286, Orange County Register of Deeds and having PIN 9854-91-0340 (hereafter referred to as Property). C. For and in consideration of the sum of One Thousand Dollars ($1,000.00) paid by the Buyer, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Seller does hereby give and grant unto the Buyer, its heirs, successors, assigns, and representatives the exclusive right at the Buyer’s option to purchase the Property more particularly described as the 19.4 acre tract described above. Exact acreage and area to be determined before conveyance by a certified survey. The value shall be determined by an appraisal performed to the Uniform Standards of Professional Appraisal Practice. Buyer shall bear the expense of the appraisal and the survey. The Seller agrees to allow the Buyer, its heirs, assigns, or DocuSign Envelope ID: B1CCE80F-1012-473E-B004-40D81BB4FFB9 representatives, access to the Property for inspecting, surveying, planning, design, and fund raising purposes. D. If the Option is exercised, Seller shall convey marketable fee-simple title to the described portion of the Property by a North Carolina General Warranty Deed, and this conveyance shall be subject to no exceptions or encumbrances other than ad valorem taxes for the year of closing (which shall be prorated between the parties to the date of closing), unviolated restrictive covenants and general utility easements and rights-of-way of record which do not materially affect the value or Buyer’s intended use of the Property, and applicable governmental ordinances and other regulations. The Buyer shall be responsible for any necessary subdivision and costs directly associated with such subdivision. The Seller shall execute and deliver at closing with respect to the Property a title insurance lien waiver affidavit, and the Property shall be in substantially the physical condition at closing as that which existed on the date this Option to Purchase Real Property was executed. Buyer shall be responsible for the cost of recording the deed for the Property. Seller shall bear the cost of preparing the deed and any other instruments and the cost of recording any instruments under the terms of this Contract with respect to the Property. Buyer shall pay for the cost of any title insurance Buyer elects to purchase. Seller shall pay for Seller’s reasonable attorneys’ fees incurred in connection with the preparation of this Contract and the closing of the transactions contemplated hereby. Seller shall pay for the cost of the deed stamps to be affixed to the deed. Seller shall pay the cost of discharging any mortgage, lien, or title encumbrance other than those permitted hereunder. All other fees and costs shall be paid by Buyer or Seller in accordance with generally recognized local custom. This Option is contingent upon and subject to the following terms and conditions: 1. Term. This Option shall commence on the date the Seller signature upon this document and continue until 5:00 P.M. EST on June 30, 2025. Should Buyer purchase the Property the consideration payment shall be credited toward the purchase price. 2. Exercise. At any time during the Option period, Buyer may exercise this Option by hand delivery or deposit of written notice by certified or registered mail, returned receipt requested, to Seller at address above. 3. Price. If Buyer notifies Seller of its intent to exercise its Option, then the agreed upon price of the Property shall be determined by the appraisal, and approval of such by the North Carolina State Property Office, as required by the NC Land and Water Fund grant program policies. The agreed upon price of the Property shall not exceed Four Hundred Thirty Eight Thousand Dollars ($438,000.00). 4. Closing. If the Option is exercised by the Buyer as provided in paragraph 2 above, the sale of the described portion of the Property shall occur at a closing which shall be held at a time and place designated by Buyer, but in any event within sixty (60) days after the date of the Option Exercise Notice. 5. Board Approval. Purchase and Exercise of the Option is subject to and may not occur without approval by the Board of County Commissioners of Orange County. DocuSign Envelope ID: B1CCE80F-1012-473E-B004-40D81BB4FFB9 SIGNATURE PAGE TO FOLLOW IN WITNESS WHEREOF, the Seller has hereunto set its 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 Directors, the day and year first above written. SELLER: ALBERT T. KITTRELL & WILBERT MCADOO JR. By: _____________________________________ Date:_____________________ Title By: _____________________________________ Date:_____________________ Title STATE OF NORTH CAROLINA COUNTY OF ORANGE I, ____________________, a Notary Public for said County and State do hereby certify that ___________________ personally appeared before me and acknowledged the due execution of the foregoing instrument. Witness my hand and official stamp or seal this the ____ day of _________, 2023. ___________________________________ Notary Public My commission expires: _____________________ BUYER: COUNTY OF ORANGE, NORTH CAROLINA By: ______________________________________ Date:_____________________ Bonnie Hammersley, Orange County Manager STATE OF NORTH CAROLINA COUNTY OF ORANGE I, ____________________, a Notary Public for said County and State do hereby certify that ___________________ personally appeared before me and acknowledged the due execution of the foregoing instrument. DocuSign Envelope ID: B1CCE80F-1012-473E-B004-40D81BB4FFB9 6/13/2023 seller 6/13/2023 Owner 6/14/2023 Witness my hand and official stamp or seal this the ____ day of _________, 2023. ___________________________________ Notary Public My commission expires: _____________________ DocuSign Envelope ID: B1CCE80F-1012-473E-B004-40D81BB4FFB9 Revised 04/23 1 ORANGE COUNTY—INTERNAL USE ONLY ______________________________________________________________________________ Finance Information Vendor Name: KEITH A. BISHOP, PLLC. Vendor Contact Person: Keith A. Bishop, Esq. Phone: 919-490-1855 Address: 1802 Martin Luther King, Jr. Parkway City: Durham State: NC Zip: 27707 Department: DEAPR Amount: $1,000 Purpose: Earnest Payment for Land Acquisition of the 19.4 acre Kittrell-McAdoo Tract, for future Mountains to Sea Trail connection and nature preserve Budget Code(s): 6137003585000020011 Vendor # 68084 Vendor Status with NCSOS: Active Vendor is a BOCC consultant: Yes No Contract Details Contract Type: New Amendment (Original Contract: ) (Most Recent Amendment ) Effective Date June 14, 2023 End Date June 30, 2025 Notice Date (Notice Purpose ) Award Approved by Board (Agenda Date: June 1, 2023); Made or Administered by Signature Authority - BOCC Express Delegation (Agenda Date: June 1, 2023) - Policy 9.4: Under $5,000; Service Under $90,000; Construction Under $250,000 - Budget Policy Section XV (Capital Improvement Project: ) Bidding Informal Bidding ($30k-$90k); Formal RFP ($90k+); Other (<$30k); Exception(# ) Department Affirmation This agreement is approved as to technical form and content and I as Department Director affirmatively state work on this project has not been initiated prior to execution of the agreement. Services related to this agreement have already begun or been completed. Description of the nature of the emergency condition that was addressed: Department Director’s Signature ________________________________________ Date: ________ Information Technologies This agreement has been reviewed and is approved as to information technology content and specifications: Office of the Chief Information Officer___________________________________ Date: ________ Inapplicable because no hardware/software purchases or related services Risk Management This agreement is approved for sufficiency of insurance standards, specifications, and requirements: Office of the Risk Management Officer___________________________________ Date: _________ Financial Services This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act: Office of the Chief Financial Officer ____________________________________ Date: _________ Legal Services This agreement is approved as to legal form and sufficiency: Office of the County Attorney __________________________________________Date: ________ Clerk to the Board All Docusign contracts must be copied to the Clerk upon completion: occlerkdocs@orangecountync.gov The following signature block is for hard copies only and is not required for Docusign contracts: Received for record retention: Office of the Clerk to the Board __________________________________________Date:_________ DocuSign Envelope ID: B1CCE80F-1012-473E-B004-40D81BB4FFB9 6/13/2023 6/14/2023 6/14/2023