DEPARTMENT MAKING REQUEST
Budget & Admin Services
Title
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Settlement Agreement, Release Portions of Conservation Easement and Dispose of Lots in Harbour Heights
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REQUESTED MOTION/ACTION
recommendation
Recommended Action:
a) Approve Resolution approving the Settlement Agreement and General Release, and authorizing the Real Estate Services Manager to execute necessary documents releasing Conservation Easements and property transfer; and
b) Authorize the Chairman to sign the Resolution, and the Settlement Agreement and General Release.
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budget
Budgeted Action:
No action needed.
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BACKGROUND (Why is this Action Necessary, and What Action will be accomplished)
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Background:
Between 2021-2023, three property owners received clearing and building permits on parcels encumbered by previously recorded easements that removed density units from one or more parcels. Prior owners agreed to the easements as part of development plans on other sites. However, the property owners failed to pay taxes, which caused the lots to escheat to the County. The lots were then purchased from the County through the direct sale process. Pursuant to the County's Comprehensive Plan and Codes pertaining to where and when density can be relocated, Harbour Heights does not allow for density transfer into or within, only density transfer out. The Settlement Agreement and General Release attempts to balance the property owner's interest with the County's interest to avoid potentially expensive litigation for all of the impacted parties.
Real Estate Services Division, in conjunction with Building and Construction Services and the County Attorney's Office, is seeking approval by the Board of County Commissioners to execute the proposed Settlement Agreement and General Release and authorize execution of the documents pertinent to said agreement. Thus far, settlement agreement and general releases for two of three owners were presented and approved by the Board of County...
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