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HomeMy WebLinkAbout1987-12-21 W&S Exhibit I' RESOLUTION OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT OF NEW HANOVER COUNTY WHEREAS, after due advertisement, bids were received and publicly opened by Centralized Purchasing at 3:00 o'clock p.m. on the 23rd day of November, 1987, at City Hall, 102 North 3rd Street, Wilmington, North Carolina, and the following bids were received for one (1) 4-Wheel Drive Backhoe/Loader: Case Power and Equipment North Carolina Equipment Company $30,045.00 33,517.00 AND WHEREAS, Centralized Purchasing, the Engineering Department, the Finance Director and the County Manager recommend that the contract be awarded to North Carolina Equipment Company, the lowest responsible bidder, in the amount of Thirty-Three Thousand Five Hundred Seventeen Dollars and No Cents ($33,517.00); AND WHEREAS, funds have been previously appropriated and are now in Account No. 800-470-6400 to cover this contract; NOW, THEREFORE, BE IT RESOLVED by the New Hanover County Water and Sewer District Board that the contract for one (1) 4-Wheel Drive Backhoe/Loader be awarded to North Carolina Equipment Company in the amount of Thirty-Three Thousand Five Hundred Seventeen Dollars and No Cents ($33,517.00); and that the Chairman of the New Hanover County Water and Sewer District Board or the County Manager is hereby authorized and directed to execute the contract on behalf of New Hanover County, contract form to be approved by the County Attorney and bid deposit to be retained until the successful bidder has executed and delivered the contract and, if required, satisfactory bond. BE IT FURTHER RESOLVED that the Purchasing Agent is hereby authorized to return to bid deposits of the unsuccessful bidders. of December, 1987. J1~1~ {/71t/'ll Cha1rman, New Hanover County Water and Sewer District Board ~ ~~~ Cle " ~ OFFER OF SALE OF EASEMENT In consideration of the sum of one dollar ($1) and other valuable consideration in hand paid, the receipt whereof is hereby acknowledged, the undersigned (hereinafter called the "seller") being the owner thereof, hereby offers and agrees to grant and convey to the New Hanover County Water and Sewer District (hereinafter called "the Grantee") or its assignee or nominee a pE!rmanent easement across seller's property located in the County of New Hanover, State of North Carolina, which easement is described in Exhibit A attached. Upon the following terms and conditions: Upon closing, the seller shall convey to the Grantee or its assignee or nominee by grant of easement in the form attached as Exhibit B, the right to use said property for all the purposes stated therein, free and clear of all liens (except liens for current taxes and assessments), easements, restriction, delinquent taxes and assessments, leases and encumbrances of any kind, existing or inchoate that may in any way interfere with or otherwise prevent the Grantee's use of its easement together with the right of access across adjoining property to permanently maintain and utilize all rights acquired by reason of said easement. Possession shall be delivered to the Grantee at the time of closing. The total purchase price shall be $ S CJOO ~ All expenses of examination of title and cSf preparation and recording of the grant of easement shall be paid by the Grantee. Payment of the purchase price shall be made upon execution of the grant of easement by the Seller. Q This offer shall be irrevocable for a period of 60 days from the date hereof and shall remain in force thereafter until accepted by Grantee or terminated by the seller. Such termination may be effected at any time after the expiration of such 60 day period, and before acceptance by Grantee, by seller 60 days prior~written notice to the Grantee of such termination. If this offer is accepted prior to the effective date of any termination, the Grantee shall endorse its acceptance hereon and mail notice thereof to the seller at the address specified below. The Grantee shall specify the place and time of closing, which shall not be more than 60 days after the date of acceptance. The seller agrees that this offer shall not be revocable and that he will not sell, mortgage, encumber, or otherwise dispose of such property or any part thereof prior to said expiration date, except to the Grantee. This agreement shall be binding upon the seller and his heirs, executo~rs, administrators, successors, and assigns. Included in the above conditions is to be a free sewer tap for the property on which the easement is located. Notwithstanding the pri8r acceptance of this offer, the Grantee in lieu of completing the purchase of said easement may, at any time prior to closing, proceed to acquire the same by condemnation at Grantee's expense. The sellei agrees, as an independent stipulation, which shall survive the expiration and termination of this offer that in the event property interest is subsequently condemned, this instrument shall be conclusive evidence of the fair market value and just compensation for such taking. Seller hereby freely and voluntarily makes this declaration and waives all objections to the introduction of this document into evidence in any judicial or administrative proceeding. / / ,'"' / , , 1/ ;ZD (SEAL) Seller Address: (SEAL) Seller (SEAL) I I , /) /, . \ / '.,.-"" :'.- '-'-...- r---,.:,,/ ,..." "~""---' Sell~r- Pre,s Id~'/~'T J987 Address: Seller (SEAL) Address: Address: Accepted December 21, 19:::7 New Hanover County Water & Sewer Distrfct .- -'2 BY:S~~~~~ Chairman (' STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, ~IM-e~ -r;r1i M~Ca.,,,,J:), a Notary Public in and for the State and COUrT y aforesaid, do certify that Gpo rae... ~~LJ~h M~ "-, personally appeared before me this day and acknowledge the due execution of the foregoing ACknowledgement and Authorization. day of WITNESS my hand and notarial seal, this z C) to () v e A. b e r '. 19 6 7 . . y:;P2 L -:~~~ ) ~'1otary. 15 li)f My Commission Expires: 10 /z-~ /6 q /(SEAL)/ RIGHT OF WAY AREA TAX PARCEL, 50-09-05-08 CAPE FEAR TOYOTA 2777-04 10/6/87 BEGINNING at a point in the southern line of Market Street (u.s. Highway 17), 50.00 feet from the centerline, at the north- eastern corner of Tax Parcel 50-09-05-08; running thence from said Beginning with the eastern line of said parcel south 7 degrees 37 minutes 10 seconds east 1019.31 feet to the southeastern corner of said parcel; thence with the southern line of said parcel south 69 degrees 20 minutes 15 seconds west 12.32 feet to a point; thence north 7 degrees 37 minutes 10 seconds west 1019.33 feet to a point in the southern line of Market Street; thence with said southern line north 69 degrees 25 minutes 35 seconds east 12.31 feet to the Point of BEGINNING, containing 12,231.8 square feet in area and being the same right of way area as shown on Tax Parcel 50-09-05-08 on map recorded in Map Book 27, Page 115, New Hanover County Registry. \\" ~. n, f ~I, ",,,,,~ yo. C 1\ H. 0:::" .. ,~." ~~ \. - ~ / #;.~ ' .:- ~J.. \;;IE.,?) ~. . ~ '-,,, (, <<; ~ d}?jW~~)++- t../'; ... ~J^ :..:j..;, ~ ~ ~ .. A: . z) ..<..\.. ~ ~ Y:J ", S U;. .;:,. ;- ......' 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