Avery County to convey remnant parcel and consider $30,000 settlement after quiet-title order

Avery County commissioners on April 6 authorized staff to declare surplus a remnant parcel tied to the Avery Cares building and to convey title to the purchaser after a quiet-title action returned the county’s interest.

County Attorney Michelle explained that the purchaser had surveyed the property and discovered the county still held a portion that had not been properly conveyed. A quiet-title action was filed; the court issued an order granting title to the county and the appeal period has expired. The attorney asked the board to declare the property surplus and authorize a non-warranty deed to transfer title back to the purchaser and release the county from future liability. The board approved the resolution by voice vote.

In related business, the county attorney presented a proposed settlement agreement involving David Thirstston and Kevin Fry and the county’s risk pool. The draft settlement, which had not been executed by all parties at the time of the meeting, includes a proposed county payment of $30,000; the attorney asked the board to approve the agreement in substantially similar form. The transcript indicates the settlement proposal was presented and the board moved forward with consideration; the record shows a voice vote request but does not record a roll-call tally or the final signed agreement in the public portion of the meeting.

The board scheduled a closed session under N.C. Gen. Stat. §143-318 to discuss pending litigation and negotiations and invited county legal counsel and management to attend. Next procedural steps include executing the non-warranty deed and finalizing the settlement paperwork if parties sign the presented agreement.