1987-12-21 W&S Exhibit
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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
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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.
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(SEAL)
Seller
Address:
(SEAL)
Seller
(SEAL)
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Sell~r- Pre,s Id~'/~'T
J987
Address:
Seller
(SEAL)
Address:
Address:
Accepted
December 21,
19:::7
New Hanover County Water & Sewer Distrfct
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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
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~'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.
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HENRY VON OESEN AND ASSOCIATES, INC.
Consulting Engineers & Planners
Wilmington, North Carolina
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