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HomeMy WebLinkAbout91-04ORDINANCE No. 91-4 Town of Pulaski, Virginia Ordinance Approving Real Estate Purchase on Allison Land for Water Tank Site c: ADOPTED: Feb. 5, 1991 Effective: Feb. 5, 1991 - 17 - • L' • ORDINANCE No. 91-4 TOWN OF PULASRI, VIRGINIA ORDINANCE APPROVING REAL ESTATE PIIRCHASE ON ALLISON LAND FOR WATER TANK SITE WHEREAS, the Town is in the process of improving water service to the area near Pepper's Ferry Road and as part of the project needs to locate a water tank on property formerly owned by Walter Allison; and, WHEREAS, the Town administration has negotiated with the representaive of the estate of Walter Allison and the Special Commissioner named by the Circuit Court to deal with the property, and have reached an agreement whereby a tank site and easements will be conveyed to the Town in exchange for free water and sewer connections having a value of two thousand dollars ($2000.00); NOW, THEREFORE, be it ORDAINED by the Council of the Town of Pulaski, Virginia, sitting in regular session on February 5, 1991, that the Town Manager is authorized to execute a real estate purchase contract for the aforesaid tank site, on substantially the same terms and conditions set forth in the draft document filed with the Clerk of Council this date, and to do those things reasonably necessary to finalize the transaction when Court approval has been obtained and title has been examined. This Ordinance is effective upon its adoption and is adopted by recorded vote of the Town Council of the Town of Pulaski, Virginia on this the 5th day of February, 1991. J.R. Schrader Aye James R. Neighbors Aye Robert N. Glenn Aye Alma H. Holston Ave C. Donald Crispin Aye Mary Lou Copenhaver Ave W. H. Schrader, Jr. Aye Andrew L. Graham Aye TOWN OF PULASRI, VIRGINIA By : ~~~ ry Hancock, Mayor Attest: ~~ ~. ~~~~ Ruth A. Harrell Clerk of Council - 18 - / r ~. REAL ESTATE CONTRACT • THIS AGREEMENT is made on February , 1991 between CHARLES ALLISON, representative of the estate of WALTER ALLISON and ALAN GROSECLOSE, SPECIAL COMMISSIONER, parties of the first part, hereinafter referred to as SELLERS, and the TOWN OF PULASRI, VIRGINIA, a municipal corporation, (the Town) party of the second part, hereinafter referred to as BUYER. SECTION ONE RECITALS 1.1. SELLERS. Charles Allison is the legal representative of the estate of Walter Allison. Alan Groseclose has been appointed Special Commissioner in a suit pending in the Circuit Court of Pulaski County, Virginia, styled Louise Ear ~ Pollard et al v. Larry Allison Sey,the purpose of which is to partition certain property of the late Walter Allison. They make this agreement in their representative capacities and not as individuals. 1.2 BUYER. The Town is a municipal corporation duly chartered by the Commonwealth of Virginia. 1.3 PURPOSE. The Town is engaged in a project to provide improved public water service to the area of the Town near • Route 11 and Pepper's Ferry Road, including the remainder of the Allison property. As part of the project, the Town needs to place a water tank at a location in the Pepper's Ferry Road area. 1.4 AGREEMENT. SELLERS agree to sell and BUYER agrees to purchase, a lot approximately one hundred twenty-five feet by one hundred twenty-five feet (125' x 125') together with an access route and appurtenant easements, upon the terms and conditions set forth herein. SECTION TWO CONTRACT PRICE 2.1. CONSIDERATION. The Town agrees that in consideration of the grant of the lot, and in addition to the increased value that the project will yield to the remainder of the Allison property, the SELLERS will be entitled to three free residential connections to the proposed water main, and four free sewer connections to any present or future sewer serving the remaining property, with a total value of the connections stipulated to be TWO THOUSAND DOLLARS ($2,000.00) at present rates. The sellers will be entitled to the same number of connections regardless of any increase • in connection rates. 2.2 RESTRICTIONS. The aforesaid connections must be for parcels • (now existing or later formed) which are part of the property owned by Walter Allison at the time of his death and lying between Pepper's Ferry Road, Memorial Drive, and Route 11. They may not be transferred to any other property or to any other persons or entities, except for successors in interest to said property. SECTION THREE RIGHTS CONVEYED 3.1 PRIMARY LOT. SELLERS agree to convey to the Town in fee simple a lot in the approximate location shown on the sketch attached hereto. The estimated size is one hundred twenty- five feet by one hundred twenty-five feet (125'x 125'). The precise location and dimensions are to be determined by a survey to be made at the Town's expense and attached to the deed. 3.2 USE. The contemplated use of the subject lot will be for the construction of a water tank approximately one hundred feet (100') high, and for activities reasonably incident to the operation, maintenance, repair and replacement of the tank. 3.3 RIGHT OF WAY. SELLERS further agree to convey an exclusive • easement for vehicular and pedestrian traffic, to be located on a twenty foot strip leading from Pepper's Ferry Road to the lot, to be used as an access road. The road will begin approximately three hundred sixty feet from the corner of an adjacent lot. The approximate location is shown on the sketch attached hereto. Amore precise location and route will be shown on the survey to be made. The Town will be responsible for the construction and maintenance of the access road. Said road will not be deemed a road open to the general public unless affirmatively declared such by the Town. 3.4 EASEMENTS. SELLERS further agree to convey to the Town easements for the installation, maintenance and replacement of water lines, electric service, phone service, and other utilities reasonably needed to construct and operate the water tank and system. These easements are to be located adjacent to and follow the route of the aforesaid access road. SELLERS also will grant a drainage easement from the lot onto the remaining Allison property for both natural runoff and any overflow. SECTION FOUR CONSTRUCTION • 4.1 Construction. The Town will be solely responsible for all construction under this contract, • sequences, procedures, and means, all work. 4.2 Clean-un. The Town agrees to kee; adjoining ways reasonably free of caused by its work or that of its including the techniques, and for coordination of p the work premises and waste material and rubbish contractors. 4.3. Risk of Loss. The risk of loss or damage to the property of the Town which may be stored on the site, is assumed by the Town until the time of settlement. SECTION FIVE CONDITIONS 5.1. POSSESSION. The SELLERS shall deliver actual possession of the property within sixty days from the date of this agreement. 5.2 APPROVALS. by the Pula; approved by signatories approvals. • This agreement will be voidable if not approved ski Town Council in open session and if not the Circuit Court of Pulaski County. The agree to exercise good faith to obtain such SECTION SIX SETTLEMENT 6.1. Settlement shall be made at a mutually agreeable location in the Town of Pulaski within sixty days from the date of this agreement, allowing a reasonable time to correct any defects in title reported by an examination of title to the property. 6.2. The Town shall be entitled to receive a good marketable fee simple title to the property, free from all encumbrances, but subject to all surviving rights, conditions, and obligations surviving settlement hereunder. If an examination of the title to the property discloses objections to the title other than those aforesaid, the Town agrees to notify SELLERS forthwith. SELLERS shall have a reasonable time, but not more than thirty (30) days from the date of such notification, to remove or correct such obligations. If SELLERS are unable or unwilling to remove or correct such obligations within the time specified above, the Town may, at its option, either (1) terminate its obligation to purchase the property; or (2) waive the foregoing rights and proceed to purchase the property; or (3) take actions reasonably necessary to clear the title and • deduct the cost of the same from the credit given as consideration. 6.3. DEED. The Town will be entitled to receive a Deed and • Easement Agreement with General Warranty and Modern English covenants of title, conveying both the fee simple areas and easements. 6.4. Closing Costs. Real estate taxes, assessments and charges applicable to the property shall be prorated as of the date of settlement. SELLERS shall pay for the grantor's recordation tax and any costs associated with obtaining Court approval. The Town shall prepare the Deed and Easement Agreement and pay all its own costs and expenses incurred in connection with this transaction including, but not limited to, costs, expenses, and fees with respect to the examination of title to the property, obtaining any title insurance policies, and all taxes, fees and other costs payable in connection with the recordation of the deed and easement agreement. Each party is responsible for their respective attorney fees. SECTION SEVEN MISCELLANEOUS 7.1. Access. SELLERS hereby grant the Town a right of access to enter and go on the property for the purpose of surveying and inspecting the property and making preparation for construction, so long as such access is at reasonable times • and is done in a reasonable manner, so as not to cause irreparable damage. In the event that the transaction is not completed due to act or omission of the Town, any damage will be repaired by the Town. 7.2. Entire Agreement. This contract constitutes the entire agreement between the parties with respect to the subject matter and supersedes all prior understandings, discussion or agreements, if any, whether oral or written. 7.3. Amendment or Modification. No amendment to or modification of this contract shall be effective unless it is in writing and executed by the parties hereto. 7.4. Survival. All the undertakings contained herein which are now or will at settlement be, executory, shall survive the settlement. 7.5. THIRD PARTIES. The aforesaid obligations of the parties to each other shall not create or imply any obligation to any third party, and no such third party shall be entitled to rely on the provisions of this contract without the express consent of all parties hereto. 7.6. Governing Law. This contract and all documents referred to • herein or contemplated hereby and benefits and burdens of the parties hereunder shall be governed by, construed, interpreted and enforced in accordance with Virginia law. • 7.7. Severability. Should any provisions of this contract be void or become unenforceable at law or in equity, the remaining provisions hereof shall remain if full force and effect and shall not in any way be affected or impaired hereby. 7.8. Counterparts. This contract may be executed by the parties hereto individually, or in any combination, or in one or more counterparts, each one of which shall be an original and all of which shall together constitute and be deemed one and the same contract. SECTION EIGHT TIME OF ESSENCE; EXTENSION OF TIME • TOWN OF PULASKI, VIRGINIA BY: ~. (SEAL) TOWN MANAGER SELLERS: CHARLES ALLISON (SEAL) (SEAL) ALAN GROSECLOSE SPECIAL COMMISSIONER 8.1. All times state herein or in the contract documents are of the essence hereof. 8.2. The contract times may be extended by written agreement of the parties. Such agreement will not be unreasonably withheld when the parties have acted in good faith to obtain any necessary approvals, surveys, and title information. WITNESS the following signatures and seals, this day of 1991. • .~ STATE OF VIRGINIA, COUNTY OF VIRGINIA, to-wit: The foregoing Real Estate Contract was acknowledged before me this ,~~ ~ day of ~~.~ . 1991, by Donald Holycross, Pulaski Town Manager, acting in its name and on its behalf. My Commission expires ~,, 3 /~ /y y 3 NOTARY PUBLIC STATE OF VIRGINIA, COUNTY OF VIRGINIA, to-wit: The foregoing Real Estate Contract was acknowledged before me this day of 1991, by Charles Allison, as represenative of the estate of Walter Allison, and Alan Groseclose, as Special Commissioner, acting in their respective capacities. My Commission expires • NOTARY PUBLIC • I, Ruth A. Harrell, certify that the foregoing Ordinance is a true and correct copy of the Ordinance approving Real Estate Purchase on Allison Land for Water Tank Site as adopted by the Town Council at the regular meeting of February 5, 1991. Ru h A. Harrell, Clerk of Council • •