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2017-594-E DEAPR - Kennon Craver, Attorneys at Law for legal services to purchase conservation easement for Fickle Creek
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2017-594-E DEAPR - Kennon Craver, Attorneys at Law for legal services to purchase conservation easement for Fickle Creek
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Last modified
6/25/2018 10:11:14 AM
Creation date
10/27/2017 4:33:24 PM
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Contract
Date
10/19/2017
Contract Starting Date
10/19/2017
Contract Ending Date
12/30/2017
Contract Document Type
Contract
Agenda Item
10/3/2017
Amount
$2,500.00
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R 2017-594-E DEAPR - Kennon Craver, Attorneys at Law for legal services to purchase conservation easement for Fickle Creek
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\Board of County Commissioners\Contracts and Agreements\Contract Routing Sheets\Routing Sheets\2017
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DocuSign Envelope ID:8C374B87-5E13-4545-B092-5C1BD8C3AFCD <br /> the present. In other words absent your timely objection, we will "tack" to that existing policy of <br /> title insurance. This procedure will enable us to keep the County's costs to a minimum while, at <br /> the same time, providing full title insurance coverage for the County. You should be advised that <br /> title insurance, while a valuable insurance coverage, does not cover any and all damage that may <br /> arise from a title defect. Title insurance also does not necessarily provide immediate relief in the <br /> form of the payment of a claim given title insurers have a reasonable time to correct defects in <br /> title which the insurer reasonably believes can be corrected. What constitutes a"reasonable time" <br /> depends upon the nature of the defect. Assuming title is insurable, we will obtain a title <br /> insurance policy in favor of the County in the amount of the purchase price for the Easement. <br /> The County will be responsible for the payment of the title insurance premium at closing. <br /> Please be aware that matters of zoning and environmental matters are not included in a <br /> standard title search. We, as closing attorneys, do not provide any opinion as to the <br /> environmental condition of the Property. Please notify me immediately if the County requires <br /> additional information or assistance concerning these two issues. Zoning laws affect setbacks <br /> and use requirements to name a few. Environmental hazards include, but are not limited to, the <br /> existence of radon gas, lead-based paint, underground storage tanks and asbestos. <br /> We will either use the survey commissioned by the County for this transaction, if any, or <br /> the description of the Property included in the current vesting deeds as the legal description for <br /> the Easement. We recommend the County obtain a new survey of the Property if it has not <br /> already done so. A survey may show title encumbrances and defects such as existing <br /> encroachments onto or from neighboring properties, legal description gaps and overlaps, and <br /> other matters "on the ground" that would not otherwise be discovered during our title search of <br /> the public records. The legal description will be used to describe the boundaries of the Easement <br /> in the Deed of Easement (the "Easement Deed"). I understand the final terms of the Easement <br /> Deed have been agreed to by the County and the grantor prior to our involvement in this matter, <br /> and the County does not require our assistance with negotiating or drafting the Easement Deed. <br /> Closing <br /> We will conduct the closing on the Easement. The closing can occur in our offices or <br /> another location that works better for the parties. The County agrees to wire the closing funds <br /> into my trust account prior to the closing. We will make every effort to provide the County with <br /> a draft of the settlement statement no less than 24 hours prior to the closing date. Following the <br /> closing, we will update title and record the new plat and Easement Deed in the office of the <br /> Register of Deeds and prepare a final title opinion and deliver the same to Investors Title for <br /> issuance of the title insurance policy. <br /> Wire Instructions <br /> BEFORE SENDING ANY WIRE, CALL OUR OFFICE AT (919) 490-0500 TO <br /> VERIFY THE INSTRUCTIONS. WE WILL NOT CHANGE WIRING INSTRUCTIONS. <br /> IF YOU RECEIVE WIRING INSTRUCTIONS FOR A DIFFERENT BANK, BRANCH <br /> LOCATION, ACCOUNT NAME OR ACCOUNT NUMBER OTHER THAN TH <br /> INSTRUCTIONS YOU HAVE ON FILE, THEY SHOULD BE PRESUMED <br /> 2 <br /> kennon cravev pilc <br /> 4011 unilerrity duve ,iirte 300,durhani no 27707 post office box 51579 43ihom, no 277171579 <br /> TELEPHONE 91)490 0900 FAX 919 430 0873 a a a ken non(ral rom <br />
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