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Exchange and Settlement Authorization - Authorization of Property Exchange and Settlement in 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:
1) Adopt the Resolution Authorizing the Exchange of Certain Property (the "Resolution"), 2) authorize the County Manager to negotiate and execute a settlement agreement substantially consistent with this agenda item, and 3) authorize the County Manager to execute any documents necessary to effectuate the terms of the Resolution and a settlement agreement substantially consistent with this agenda item, including, without limitation, any documents necessary to effectuate any property transactions required by the Resolution or such settlement agreement.
PRIOR BOARD ACTIONS:
1) December 4, 2023, Regular Meeting, Agenda Item # 23-833 - BOCC authorization for County Manager to negotiate and execute a consent judgment and release related to this matter
2) October 7, 2024, Regular Meeting, Agenda Item # 24-680- BOCC authorization for publication of notice for proposed exchange of property related to this settlement.
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 a...
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