Minutes - 19751103 - Laserfiche WebLink

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111 A. Noxthside School Property A. B. Coleman, ,7r., County Attorney, advised the Board that he had conferred with Ed Williams of the Division of Facility Service, Depart- ment of Human Resources, concerning the p~'oposed Mental Health Grant and Mr. Williams had advised him that his agency could not accept the conditions that would have to be outlined in the Letter of Title. "We discussed whether or not the property could be insured with title insurance. Tt had been determined by the Facility Service Division that title insurance would be acceptable if the title policy, in addi- tion to insuring them and the County, would also contain certain pro- visions that any law suit brought would be defended by the Title Insur- __ ance Company. Lawyer's Title Insurance Company of North Carolina wrote a letter to the Facility Division saying that they would insure the property by title policy and in addition thereto would include the defense of the title, if there were ever a law suit brought by anybody in the chain of title." Chairman Garrett inquired, "What are we to do now, Mr. Coleman?" The County Attorney replied: "Mr. Williams has stated that this is acceptable with them and that we can proceed. The Lawyer's Title said they would insure the property upon certain conditions. These conditions include a survey of the property and that the boundaries be established by an agreement with the adjoining property owners." Mr. Coleman stated that "a serious description problem did exist and that after the survey all adjoining property owners must sign an agree- ment establishing the boundaries to be cahere they are shown on the survey. Mr. Coleman suggested that the Gounty secure a surveyor and authorize him to consult with the adjoining property owners at the time that the survey is being conducted in order to avoid any later dispute over the boundary lines. Commissioner L4hitted moved that the County proceed to have the Northside School property surveyed and to authorize the surveyor to consult with the adjoining property owners at the time of the survey in order to establish the boundary lines. The County Administrator inquired, "Will the Surveyor or the Attorney have the authority .to negotiate and reach an agreement independently without coming back to the Board for final authority?" Commissioner Whitted replied, "Xes, that was the intent of the motion." Commissioner Gustaveson seconded the motion. The Chairman called for the vote. Commissioners Garrett, Gustaveson, Pinney and Whitted voted aye. Commissioner Walker voted nay. The motion was declared passed. B. Grady Brown School Property The County Attorney advised the Board that~by virtue of a deed recorded in Book 259, page 38, in the Register of Deeds Office, the County now owns the Grady A. Brown property subject to the following conditions: - "To Have and to Hold the above granted, bargained and described premises, with the appurtenances, unto the said second party, - and its successors and assigns, to its proper use, benefit and behoof forever, upon the express condition that, in case the said above described premises shall not be used by the second party for a public purpose, or if said premises shall ever cease to be used by the second party for a public purpose, then, and in such event, the said parcel of land shall revert to the first party, as if this conveyance had not been made." Mr. Coleman explained to the Board the terminology of ,the pro- vision in the heed to the Grady A. Brown property.