Here is a copy of the resolution that the Franklin Town Board of Aldermen passed by a vote of 6-0 after coming out of a closed session regarding the settlement between the Town of Franklin and the John W Mitchell Trust: (any errors are mine made in transcription) RESOLUTION OF THE BOARD OF ALDERMEN FOR THE TOWN OF FRANKLIN TO ACQUIRE REAL PROPERTY AND SETTLE THE MATTER OF JOHN W. MITCHELL, JR. REVOCABLE TRUST V. TOWN OF FRANKLIN, 12-CVS-228, AND TO DECLARE THE REAL PROPERTY SO ACQUIRED SURPLUS WHEREAS, pursuant to NCGS 160a-11, the board of aldermen for the Town of Franklin is empowered inter alia to acquire real property; and WHEREAS, construction of the Crawford Branch sewer line replacement project required said line to cross a portion of the property located at 381 East Main Street, being Macon County parcel number 6595303520 and described in that deed dated February 6, 2009 from Kenneth R. Kopp and wife Alison J. Kopp to John W. Mitchell, Jr., and Bobby J. Key as Co-Trustees of the John W. Mitchell, Jr. Revocable Trust, u/t/a dated May 30, 2003, recorded in book V-32, pages 335-338 of the Macon County Public Registry (the “Property”); and WHEREAS, the said John W. Mitchell, Jr. Revocable Trust, as Plaintiff, instituted an action in Superior Court concerning the said sewer line, file number 12-CVS-228 in the Office of the Clerk of Superior Court for Macon County; and WHEREAS, the Plaintiff has offered and the Town agreed to completely settle the said action and all matters related thereto upon payment of the sum stated in Section 1 of this Resolution, in exchange for which the Plaintiff will convey the Property to the Town of Franklin; and WHEREAS, the Board of Aldermen finds that the said sum is fair and full consideration for the property and payment of the other fees and costs of this matter; and WHEREAS, the Board of Aldermen finds that the Property is not necessary for public purposes and therefore need not be retained; NOW, THEREFORE BE IT RESOLVED by the Board of Aldermen for the town of Franklin, the following: Section 1. The sum of $180,300.00 is hereby appropriated from the towns retained earnings. The Towns Interim Manager and Finance Officer, or their successors in office, are authorized to pay the said sum unto the Clerk of Superior Court for Macon County, to be released to the said Plaintiff. Section 2. The Mayor is authorized to execute, on behalf of the Town of Franklin and as its corporate act, that Consent Judgment attached hereto and made a part hereof, and to so execute such documents as may be necessary to accomplish the purposes of this Resolution. #WNCnews #FranklinAldermen #MaconGov
Posted on: Tue, 06 May 2014 02:20:08 +0000
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