AG 2018 03 19 - Laserfiche WebLink

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To: Board of Commissioners From: Jonathan B. Marshall, Deputy County Manager CC: Michael K. Downs, County Manager Date: 228/2018 R« Settlement, Release and Purchase Agreement The Water and Sewer Authority of Cabarrus County (WSACC) has begun an expansion of the Muddy Creek Wastewater Treatment Plant. As part of the zoning approval for that project, WSACC sought and was granted a variance by the Cabarrus County Planning and Zoning Commission acting in their role as the Board of Adjustment. An adjacent property owner, Heirs of John Bunyan Green II LLC (Heirs), appealed the Board of Adjustment decision to the Cabarrus County Superior Court. The Superior Court dismissed the lawsuit. WSACC had initiated a condemnation action simultaneous to the appeal of the variance for the purpose of acquisition of an existing easement area and additional property to serve as the required buffer for the wastewater treatment plant. There were subsequent discussions between representatives of WSACC, the Heirs and Cabarrus County and an agreement was reached for purchase of the existing easement area as well as the acquisition of a landscape easement by WSACC. A map is attached showing these two areas in relation to the wastewater treatment plant. There are multiple interests in this Settlement, Release and Purchase Agreement and all of those parties are included in the approvals. In addition to the County, the County Board of Adjustment, WSACC and the Heirs, the LandTrust for Central North Carolina holds an agricultural easement on the Heirs property and also needs to approve the Agreement. The Cabarrus County Attorney has reviewed the draft agreement and a final review is underway by the attorneys for the Heirs and the LandTrust. A copy of the draft agreement will be attached once those reviews are completed. Attachment number t \n F-3 Page 50