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Agenda 09-03-19 Item 8-j - Finalization of Property Exchange Between the County and Holloways
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Agenda 09-03-19 Item 8-j - Finalization of Property Exchange Between the County and Holloways
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BOCC
Date
9/3/2019
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Special Meeting
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Agenda
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Minutes 09-03-2019 Regular Meeting
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\Board of County Commissioners\Minutes - Approved\2010's\2019
RES-2019-053 Resolution to Exchange Property between the County and Holloways
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\Board of County Commissioners\Resolutions\2010-2019\2019
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5 <br /> (vii) a partial release deed executed by Holloway's lender(s) releasing Tract 1 from all existing <br /> deeds of trust, if any; <br /> (viii) a settlement statement evidencing the flow of funds necessary to complete the transactions <br /> contemplated herein; and <br /> (ix) recordable covenant and agreement running with the land that Holloway, and/or its successors <br /> and assigns will not remove existing vegetation and trees from Holloway Protected Vegetative Area <br /> except for any necessary pruning and maintenance for so long as the County owns the County Lot. <br /> (b) At closing, County shall execute and deliver to Holloway the following: <br /> (i) a recombination plat for recording showing: (a) the recombination of Tract 1 with the <br /> remainder of the County Lot; (b) the recombination of Tract 2 with the remainder of the Holloway <br /> Lot; (c)the location and dimensions of the Sewer Easement; (d)the current and future locations of the <br /> Fence Realignment; (e) County Protected Vegetative Area, and (f) Holloway Protected Vegetative <br /> Area all of which are intended to generally conform to the drawing shown in the form of Exhibit A <br /> attached hereto (the "Recombination Plat"). The parties understand and agree that the final locations <br /> and dimensions of Tract 1, Tract 2, Sewer Easement,the Fence Realignment, the Holloway Protected <br /> Vegetative Area, and the County Protected Vegetative Area will be determined by the Recombination <br /> Plat that generally conforms to the Exhibit A. County hereby agrees that Exhibit A is sufficiently <br /> definite to describe the intent of the parties regarding the conveyances agreed upon herein; <br /> (ii) a special warranty deed on the most current North Carolina Bar Association form or its <br /> equivalent (the "Special Warranty Deed") conveying to Holloway fee simple, marketable, <br /> indefeasible, and insurable (at regular title insurance rates) title to Tract 2, free and clear of all liens, E� <br /> assessments, charges and encumbrances, except for existing encumbrances, easements and matters <br /> shown on recorded plats; <br /> (iii) a Non-Foreign Person affidavit; <br /> I <br /> (iv) a 1099 IRS Form containing reporting information; and <br /> (v) a partial release deed from the County's lender(s) releasing Tract 2 from all existing deeds of <br /> trust, if any; <br /> (vi) a settlement statement evidencing the flow of funds necessary to complete the transactions <br /> contemplated herein;and <br /> (vii) recordable covenant and agreement that County, and/or its successors and assigns will not <br /> remove existing vegetation and trees from the County Protected Vegetative Area except for any <br /> necessary pruning and maintenance for so long as Holloway owns the Holloway Lot. <br /> 4, Closing Costs and Prorations. Holloway shall pay for the revenue stamps on the deed for <br /> Tract 1. The revenue stamps for Tract 1 will be based on the per square foot of land value according to the <br /> Orange County tax records. County will prepare and pay for the preparation of the Sewer Easement, deeds for <br /> Tracts 1 and 2, and for the documentation of the Protected Vegetative Areas. Holloway shall pay for the cost <br /> associated with other documents to be delivered by Holloway to County, though no other dncrnnent is <br /> e cted Uy_the Cminty for this transaction, County shall pay for recording the deeds and the Sewer <br /> Easements. County shall pay the costs for preparation and recording of the Recombination Plat. Each party <br /> shall pay its own attorney fees and any other costs and expenses that it incurs hereunder. All City-County ad <br /> valorem taxes on the Tract 1 for the year in which the closing occurs will be based on the per square foot of <br /> E <br /> i <br />
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