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Exchange Authorization - Authorization of Property Exchange Concerning Settlement of the Matter of Josh Courtright v. Union County Environmental Health
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INFORMATION CONTACT:
Jason Kay, County Attorney’s Office, County Attorney, 704-283-3673
ACTION REQUESTED:
Authorize the Clerk to the Board to publish notice of a proposed exchange of property between Union County, Josh Courtright, and Courtright Homes, LLC, as described in this agenda item.
PRIOR BOARD ACTIONS:
December 4, 2023, Regular Meeting, Agenda Item # 23-833 - BOCC authorization for Manager to negotiate and execute a consent judgment and release related to this matter.
BACKGROUND:
Josh Courtright brought an action against Union County Environmental Health in the Office of Administrative Hearings related to permitting an on-site wastewater system on property owned by Courtright Homes, LLC (the “Courtright Property”). Pursuant to statute, the State of North Carolina is involved in this action as well.
The relevant parties previously reached a resolution in this matter concerning a potential consent judgment. The parties now must execute a settlement agreement for this matter. As part of the settlement, Union County will transfer title to two properties it owns adjacent to the Courtright Property to Courtright Homes, LLC (Union County Tax Parcels #08231002B and 08231002C) in exchange for Courtright’s personal property of release of all claims against Union County and the State of North Carolina.
This will allow Courtright to construct a wastewater system on such properties to serve the Courtright Property. The State of North Carolina will be responsible for paying Union County $70,725.10 to reimburse Union County half of its costs for originally acquiring such properties being conveyed to Courtright. The State is also responsible for reimbursing Union County up to $3,500 in any additional closing costs. Courtright will be responsible for the permitting, installation, and operation of the associate wastewater system serving the Courtright property.
This action requested authorizes publication of notice concerning the potential exchange of property described in this item pursuant to N.C.G.S. § 160A-271. After publication of this notice, the Board will be asked to adopt a resolution authorizing the exchange.
FINANCIAL IMPACT:
Monetary revenue of $70,725.10 representing half of Union County’s costs of previous property acquisition.