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Resolution to Authorize Transfer of 190 Fines Creek Road, Clyde, NC to the Fines Creek Community Association for the Sum of Ten Dollars and Authorizing County Manager to Execute all Related Documents

             Whereas, Haywood County owns the former Fines Creek school site at 190 Fines Creek Road, Clyde NC 28721 (PIN 8722-56-9468) described in Deed Book 462, page 55, Haywood County Registry;

             Whereas, the Fines Creek Community Association (“Association”) is a North Carolina non-profit corporation which has qualified for Federal tax exempt status under Section 501(c)(3) of the Internal Revenue Code;

             Whereas, the Association has operated a community center at the former Fines Creek School for several decades and continues to improve the facility for the good of the community;

             Whereas, the County desires to transfer to the Association the former school building and related real estate for the use of the Association in its community development and improvement efforts; and

             Whereas, N.C. Gen. Stat. § 160A-279 authorizes a county to convey property by private sale to a nonprofit corporation if the county is authorized by law to appropriate money to the corporation;

             Whereas, N.C. Gen. Stat. 160A-267 authorizes a county to dispose of property by resolution authorizing an appropriate county official to dispose of property by private sale at a negotiated price which may be stated in the resolution; and

             Whereas, the public good would be served by transferring the former Fines Creek school site to the Association to promote its community-service benefits, and eliminate the ongoing maintenance obligations of the County at the site.

             Now, therefore, the Haywood County Commissioners resolve that:

1.  The County Manager is authorized to execute all documents useful or necessary to transfer the former Fines Creek school property, described above, to the Association, in consideration of the sum of Ten Dollars and other good and valuable consideration.
2. The deed of conveyance shall contain language to the effect that:
   1. This property is taken and received by the Grantee subject to the possibility of the reversion of the title to Grantor should the Grantee, its successors or assigns, cease to operate on the subject property a non-profit center for the benefit of the Fines Creek community and its residents for a continuous period of longer than nine months.  Upon the expiration of that nine-month period and for a period of six months thereafter, the Grantor shall have the right, but not the obligation, to require the reconveyance of the title to the subject property to the Grantor.
3. The deed of conveyance shall further contain a reservation of an easement for the location and maintenance of a food locker/book locker located in an area accessible to the community on the site.
4. The Clerk of the Board shall cause a summary of this resolution to be published once after its adoption and the sale shall not be consummated until 10 days after the publication.

Adopted this 6^th day of November, 2023.                         

  s/ L. Kevin Ensley

  L. Kevin Ensley, Chairman

Haywood County Board of Commissioners      

ATTEST:                                                                            

s/ Amy L. Stevens

Amy L. Stevens, Clerk to the Board

Haywood County Board of Commissioners