ORD-2012-025 Ordinance Amending the Chapel Hill Joint Planning Transition Area Zoning Atlas

Browse Search

WHEREAS, the Parties have reached a mediated settlement agreement whereby they will exchange certain properties which shall result in a termination of the Lessor Lessee relationship and a dismissal of the litigation; and WHEREAS, the Parking Deck property has a stated value of $2,900,000, recognized as such for purposes of the negotiated settlement only, and the Orange County-owned property located at 112 North Churton Street (PIN 9874066435) has an assessed valuation of$450,000 and the Orange County-owned property located at 118 North Churton Street (PIN 9874065497) has an assessed valuation of$130,000; and WHEREAS, the Parties desire to transfer the Parking Deck property to Orange County and to transfer both of the properties at 112 and 118 North Churton Street plus one million dollars ($1,000,000) to Eno River Parking Deck, LLC; and WHEREAS, North Carolina General Statute §160A-271 authorizes the County to exchange county-owned property upon authorization by resolution of the Board of County Commissioners of Orange County adopted at a regular meeting after at least ten (10) days' public notice; and WHEREAS, the County has given the required public notice, and the Board has considered the matter at a regular meeting. NOW, THEREFORE, BE IT RESOLVED THAT: 1. The Exchange of properties described above is authorized. 2. The appropriate county officials are directed to execute the instruments necessary to carry out the exchange. This the 5th day of June 2012. Commissioner Gordon went through the emails exchanged between her and John Roberts. Commissioner Yuhasz said that the owner of the sculpture is willing to do what is necessary regarding the ownership, etc. A motion was made by Commissioner Yuhasz seconded by Commissioner Jacobs to attempt to leave the sculpture in its current location. Commissioner Yuhasz amended his motion to say"if the County purchases the parking deck." Commissioner Jacobs agreed. Frank Clifton suggested making this sculpture a condition of the purchase. VOTE: Ayes, 6; No, 1 (Commissioner Gordon) A motion was made by Commissioner Hemminger, seconded by Commissioner Yuhasz to approve a resolution regarding settlement with Eno River Parking Deck, LLC, by approving the Chair to sign the resolution authorizing the exchange of properties, valued at$580,000 pursuant to North Carolina General Statute 160A-271 to purchase the Eno River Parking Deck; approve budget amendment#9-B for the appropriation of$1,000,000 from the General Fund's fund balance for the cash payment; and authorize the County Manager and Chair to execute all necessary documents to effectuate the settlement and property exchange and the exchange of properties, and to approve Budget Amendment#9-B and authorize the Chair to sign.