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HomeMy WebLinkAbout041419885'7'1 HARNETT COUNTY BOARD OF COMMISSIONERS SPECIAL MEETING, APRIL 14, 1988 CALL TO ORDER INVOCATION RESOL. AUTHOR, SETTLEMENT OF AVIGATION SUIT ADJOURNMENT DOCUMENT NO. 1. The Harnett County Board of Commissioners met in special session on Thursday, April 14, 1988, at the County Office Building, Lillington, North Carolina, with the following members present: Bill Shaw, Rudy Collins, Mack Reid Hudson, Mayo Smith, and Chairman Lloyd G. Stewart presiding. Others present were: Dallas H. Pope, County Manager; Glenn Johnson, County Attorney; Vanessa W. Young, Clerk to the Board, and Kay S. Blanchard, Recording Secretary. Chairman Stewart called the meeting to order at 8:30 a.m. Commissioner Mack Reid Hudson offered the invocation. Holt Felmet, Attorney, presented for consideration, a resolution authorizing settlement of avigation easement condemnation suit. Commissioner Smith made a motion to adopt the resolution authorizing settlement of avigation easement condemnation suit. Commissioner Collins seconded the motion and it passed with a unanimous vote. The resolution is copied in full at the end of these minutes dated April 14, 1988, as document No. 1. There being no further business, the meeting adjourned at 8:45 a.m. 1.yd Stewart, Chairman Ka, 1.ita4cd,�d Kay S.,jlanchard, Recording Secretary 7 Vanessa W. Young, Clerk o the oard RESOLUTION AUTIIORIZING SETTLEMENT OF AVIGATION EASEMENT CONDEMNATION SUIT THAT WHEREAS, Harnett County took an avigation easement above the lands and interests in lands of R. D. Lee et als which lands are a 15.45 acre parcel in Neill's Creek Township, Harnett County, North Carolina. WHEREAS, said taking was by a final resolution of condemnation adopted by the Board of County Commissioners on June 30, 1981 and establishing the date of taking as July 24, 1981 pursuant to the North Carolina General Statutes. WHEREAS, pursuant to N.C.G.S. §160A -250 et seq a Board of Appraisers was appointed to fix the amount of compensation for the taking. WHEREAS, on June 10, 1981 the Board of Appraisers fixed compensation for the taking at $9,947.50 and Harnett County deposited that amount with the Clerk of Superior Court. WHEREAS, within apt time on August 27, 1981 condemnees R. D. Lee, Rachel Lee, W. R. Sorrell, Charles B. Lee, Margaret Lee, Johnnie G. Lee, Sherry W. Lee and Becker Sand and Gravel Company gave notice of appeal from the compensation award to the General Court of Justice. WHEREAS, on July 25, 1985, condemnee Becker Sand and Gravel Company withdrew its appeal from the compensation award of Commissioners. WHEREAS, R. D. Lee died intestate on October 1, 1984 and that on the day of March, 1987, the heirs of R. D. Lee not previously made parties to this proceeding were joined as additional parties by order of J. B. Allen, Jr., Judge, Superior Court Division of the General Court of Justice. r 578 WHEREAS, all parties necessary to the determination of the action are properly before the Court and under no legal disability. WHEREAS, the Clerk of Superior Court held, as of April 6, 1988, the sum of Fourteen Thousand, One Hundred Seven and 85/100 Dollars ($14,107.85) which is the original deposit plus all accumulated interest. WHEREAS, condemnee Becker Sand and Gravel has agreed to give up any claim on the funds on deposit in return for a right of ingress and egress across lands owned by the County and used for an airport; but that all parties understand that specific terms and locations would need to be negotiated and approved by entities that are not parties to this suit and that it is possible that an agreement cannot be reached in which event Becker Sand and Gravel Company is to be paid by Harnett County the sum of Three Thousand Five Hundred Twenty -seven Dollars ($3,527.00). WHEREAS, all condemnees other than Becker have agreed to accept the funds on deposit with the Court plus an additional Two Thousand Dollars ($2,000.00) as payment in full for the taking. WHEREAS, the outcome of a jury trial on the damage issue is uncertain and the expenses for trial which would be due to counsel plus four expert witnesses would be substantial. WHEREAS, when the matter came on for trial at the April 11, 1988 term of Superior Court, the parties through counsel agreed upon a settlement which is incorporated in the consent order which is attached hereto marked Exhibit A. WHEREAS, the Board of Commissioners feel that it is in the best interest of the County to agree to the proposed settlement. NOW, THEREFORE, BE IT RESOLVED that L. Holt Felmet, attorney for the County in this litigation is authorized to accept the settlement as set forth in Exhibit A by signing same as attorney for Harnett County. Attest: 0✓yl,tJ O, By: COUNTY OF HARNETT Lloyd Stewart, Chairman HARNETT COUNTY BOARD OF COMMISSIONERS Vanessa W. Young, d erk 5'I J Exhibit "A" 1 NORTH CAROLINA HARNETT COUNTY IN RE: PROCEEDINGS FOR THE ) CONDEMNATION OF A FEE SIMPLE 1 INTEREST IN LAND OWNED BY: R. D. LEE; RACHEL LEE; W. R. ) SORRELL; CHARLES B. LEE; MARGARET G. LEE; WILLIAM D. ) LEE; ANN MCLEOD LEE; JOHNJIE ) G. LEE; SHERRY W. LEE; HAZEL F) YOUNG; ISABELLA MCKAY YOUNG; ) BECKER SAND 6 GRAVEL COMPANY, ) INC.; DUNN PRODUCTION CREDIT ) ASSOCIATION; EDGAR R. BAIN, ) Trustee; and MRS. CAROL P. PARKER, Executrix of Estate of) E. A. PARKER IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION ON APPEAL 85 CvS 707 CONSENT JUDGMENT AND ORDER THIS CAUSE coming on to be heard and being heard before the undersigned Judge of the Superior Court and it appearing to the Court that the parties hereto have settled the matters in controversy and have consented to the entry of this Judgment and Order as shown by their signatures subscribed hereto and the Court, from the record herein, statements of counsel and the consent of the parties, makes the following: FINDINGS OF FACT 1. That this action involves a taking of an avigation easement above the lands and interests in lands of condemnees which lands are a 15.45 acre parcel in Neill's Creek Township, Harnett County, North Carolina. 2. That said taking was by a. final resolution of condemnation adopted by the Board of County Commissioners on June 30, 1981 and establishing the date of taking as July 24, 1981 pursuant to the North Carolina General Statutes. 3. That pursuant to N.C.G.S. §160A -250 et seq a Board of Appraisers was appointed to fix the amount of compensation for the taking. 4. That on June 10, 1981 the Board of Appraisers fixed compensation for the taking at $9,947.50 and the condemnor deposited that amount with the Clerk of Superior Court. 5. That within apt time on August 27, 1981 condemnees R. D. Lee, Rachel Lee, W. R. Sorrell, Charles B. Lee, Margaret Lee, Johnnie G. Lee, Sherry W. Lee and Becker Sand and Gravel Company gave notice of appeal from the compensation award to the General Court of Justice. 6. That on July 25, 1985, condemnee Becker Sand and Gravel Company withdrew its appeal from the compensation award of Commissioners. 7. That R. D. Lee died intestate on October 1, 1984 and that on the day of March, 1987, the heirs of R. D. Lee not previously made parties to this proceeding were joined as additional parties by order of J. B. Allen, Jr., Judge, Superior Court Division of the General Court of Justice. 8. That all parties necessary to the determination of this action are properly before the Court and under no legal disability. 9. That the Clerk of Superior Court now holds the sum of Fourteen Thousand, One Hundred Seven and 85 /100 Dollars ($14,107.85) which is the original deposit plus all accumulated interest. 10. That condemnee Becker Sand and Gravel has agreed to give up any claim on the funds on deposit in return for a right of ingress and egress across lands owned by the County and used for an airport; but that all parties understand that specific terms and locations would 580 need to be negotiated and approved by entities that are not parties to this suit and that it is possible that an agreement cannot be reached in which event Becker Sand and Gravel Company is to be paid by Harnett County the sum of Three Thousand Five Hundred Twenty -seven Dollars ($3,527.00). 11. That County desires to grant such a right of way to Becker if agreements as to specifics of location and nature of roadways and duration of right of way can be agreed upon between Becker and Harnett County and approved by the Federal Aviation Authority and North Carolina Division of Aviation and the lessee of the airport. 12. That if a right of way agreement cannot be reached by Becker and Harnett County which is satisfactory to both parties Becker is willing to accept and County is willing to pay the additional sum of money in lieu of a right of way of Three Thousand Five Hundred Twenty -seven Dollars ($3,527.00) which amount is to be deposited in escrow by County with the Clerk of Superior Court of Harnett County pending notice as to whether terms of right of way can be worked out. 13. That all parties agree that the sums currently on deposit with the Court can be disbursed to W. A. Johnson, Esquire, who shall disburse sums in excess of his agreed fee to condemnees in this action other than Becker Sand and Gravel in accordance with their percentage of ownership of the fee simple interest in the land. 14. That additionally condemnor shall pay to W. A. Johnson, Esquire, for disbursement to condemnees other than Becker Sand and Gravel Company the sum of Two Thousand Dollars ($2,000.00) which amount together with the other sums on deposit with the Clerk of Superior Court and the promise to either pay to Becker Sand and Gravel Company Three Thousand Five Hundred Twenty -seven Dollars ($3,527.00) or grant a right of ingress and egress across the airport property are agreed by all parties to be fair, full, adequate and just compensation for the aforesaid taking by condemnor. .BASED UPON THE FOREGOING FINDINGS OF FACT, THE COURT MAKES THE FOLLOWING: CONCLUSIONS OF LAW 1. That all parties herein are properly before the Court and the Court has jurisdiction of the parties and the subject matter herein and that the parties herein are under no disability. 2. That pursuant to Article 8 of Chapter 153A and Article 11, Chapter 160A of the General Statutes of North Carolina, as they existed in June of 1981, and by the adoption of a Final Resolution of Condemnation by the Board of Commissioners of Harnett County on June 30, 1981, title to those certain interest or estates and areas described therein, vested in the County of Harnett. 3. That the sum of Nine Thousand Nine Hundred Forty -seven and 50 /100 Dollars previously deposited with the Court plus the sum of Two Thousand Dollars ($2,000.00) to be paid to condemnees other than Becker Sand and Gravel Company plus the agreement of condemnor to either pay the sum of Three Thousand Three Hundred Twenty -seven Dollars ($3,327.00) or to reach an agreement satisfactory to Becker Sand and Gravel and Harnett County as to the location, extent, duration and get said agreement approved by all necessary entities is just compensation for the taking by Harnett County on July 24, 1981. NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED: 581 1. That the County of Harnett was entitled to acquire and did acquire on the 24th day of July, 1981, by the adoption of a Final Resolution of Condemnation which is a part of the record in this action, together with the deposit of estimated just compensation funds as herein above set forth, those certain interests or estates and interests which are described more particularly in the Final Resolution of Condemnation which is a part of the record in this action. 2. That the sum of Nine Thousand Nine Hundred Forty -seven and 50 /100 Dollars previously deposited with the Court plus the sum of Two Thousand Dollars ($2,000.00) to be paid to condemnees other than Becker Sand and Gravel Company plus the agreement of condemnor to either pay the sum of Three Thousand Three Hundred Twenty -seven Dollars ($3,327.00) or to reach an agreement satisfactory to Becker Sand and Gravel and Harnett County as to the location, extent, duration and get said agreement approved by all necessary entities is just compensation for the taking on. July 24, 1981. 3. That the sum now on deposit with the Court in 81 Sp 148 be immediately paid over to W. A. Johnson, Esquire, to be disbursed to condemnees other than Becker Sand and Gravel Company in accordance with their percentage ownerships of the underlying fee title to the 15.45 acre parcel less any agreed attorney fee. 4. That the County of Harnett pay to W. A. Johnson, Esquire, the additional sum of Two Thousand Dollars ($2,000.00) to be disbursed to condemnees other than Becker Sand and Gravel Company in accordance with their percentage ownership of the underlying fee title to the 15.45 acre parcel less any agreed attorney fee. 5. That condemnor shall pay into the Clerk of Superior Court the sum of Three Thousand Five Hundred Twenty -seven Dollars ($3,527.00) to be held in escrow pending notice from Becker Sand and Gravel Company and Harnett County as to whether terms agreeable to both parties can be reached relative to a right of way across airport property and whether same will be approved by Federal. Aviation Authority, the North Carolina Division of Aviation and the lessee of the airport; if said agreement is reached, entered into and consent is given by necessary entities then said sum shall be returned to the County of Harnett; if said right of way agreement is not consummated and consented to by necessary state and federal authorities and the airport lessee then said sum is to be paid over to Becker Sand and Gravel Company. 6. That the County of Harnett shall have no obligation to pay sums other than those set out herein for the taking of the avigation easement over the 15.45 acre parcel as described in the Final Resolution of Condemnation. 7. That condemnor pay the costs of this action. Judge of Superior Court Consented to: L. Holt Felmet, Attorney for Condemnor W. A. Johnson, Attorney for Condemnees other than Becker Sand 6 Gravel Company Edgar R. Bain, Attorney for Becker Sand s Gravel Company