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2011-042 DEAPR - Ferrell Firm for Breeze Farm Conservation Easement
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2011-042 DEAPR - Ferrell Firm for Breeze Farm Conservation Easement
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Last modified
11/19/2018 2:52:53 PM
Creation date
3/14/2012 8:50:06 AM
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Template:
Contract
Date
2/7/2011
Contract Starting Date
2/21/2011
Contract Document Type
Agreement
Amount
$4,000.00
Document Relationships
R 2011-042 DEAPR - Ferrell Law Firm Breeze Farm conservation easement
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\Board of County Commissioners\Contracts and Agreements\Contract Routing Sheets\Routing Sheets\2011
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The advantage of a 30-60 year search over the updated search is that it gives you more certainty <br />about the status of your title. Even if the title company agrees to provide you with full coverage and pays <br />for your attorney's fees and damages, you must still endure litigation and uncertainty about the Easement <br />Property ownership rights. A full search, in short, gives additional assurances as to the status of title. A <br />title update talces significantly lets time to complete than a full search. I estimate a full title search will <br />increase the closing costs anywhere from $1,00-$1,500. Regardless of the type of title search selected, I <br />will engage a title abstractor to collect the necessary title documents from the office of the Orange County <br />Register of Deeds. I understand the County desires to engage me to perform a title update search for this <br />transaction assuming a suitable prior title insurance policy can be located. Please let me know <br />immediately if this is not the case. <br />The County will be responsible for the payment of the title insurance premium estimated by <br />Investors Title Insurance Company. The premium amount will be deternuned by the title company based <br />on the coverage amount requested by the County. <br />Please also be aware that matters of zoning and environmental hazards are not <br />included in a standard title search; hence, if you require additional information from me <br />concerning these issues, please so advise immediately. Zoning laws affect setback and use <br />requirements to name a few. Environmental hazards include, but are not limited to, the existence of radon <br />gas, lead-based paint, underground storage tanks and asbestos. Rich Shaw also informs me the County <br />has engaged a surveyor to prepare a current survey of the Easement Property. <br />Closin~ <br />I will prepare a legal description of the Easement Property based on the newly drawn survey to be <br />included as "Exhibit A" to the Warranty Deed of Conservation Easement (the "Easement Deed"). The <br />Easement Deed was drafted, negotiated and executed prior to my involvement in this matter. Therefore, I <br />will not have any responsibility for preparation of the Easement Deed except for the preparation of <br />Exhibit A. I will prepare a closing statement to be executed by the parties. I am willing to conduct the <br />closing in my office located at 209 N. Columbia Street in Chapel Hill, or at another office in Orange <br />County at your convenience. The County agrees to wire all closing funds and attorney's fees into my <br />trust account prior to the closing. I will make every effort to provide the County with a draft of the <br />settlement statement no less than 24 hours prior to the closing date. Following the closing, I will update <br />title and record the deed of easement at the office of the Register of Deeds and prepare a final title <br />opinion. <br />My fee for all work done pursuant to this agreement is as follows: (1) $75.00 dollars per hour <br />for the services of the title abstractor to collect the necessary documents from the office of the Register of <br />Deeds; and (2) $200.00 per hour for the time it takes to review the title abstract documents and prepare <br />the preliminary and final title opinion, draft the legal description and closing statement, conduct the <br />closing and record the Deed of Easement. There will be an additional flat fee charge of $50.00 that will <br />cover all out of pocket expenses for items such as copy fees, courier fees, mileage costs and mailing costs. <br />The County will pay all fees due under this Agreement at the closing. <br />Please note that costs of the survey, environmental reports, insurance premiums, tax stamps, <br />recording fees, etc., are NOT included in the legal fee quoted above. In the event the County requires <br />representation prior to closing or additional legal work not referenced in this letter becomes necessary <br />(such as work associated with clearing any title defects), then I will perfQrm such work at your request at <br />2 <br />
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