Land Exchange Agreement 2-2023

STATE OF NORTH CAROLINA
COUNTY OF MITCHFLL
I, John F. Henning, Jr., a Notary Public, of the aforesaid State of North Carolina and County of
Buncombe, hereby certify that Steve Pitman, Chairman of the Board of Commissioners for
Mitchell County, with whom I am personally acquainted, first being duly sworn by me, says that
he is the Chairman of the Board Taylor McCurry is the Clerk of the Board of County
Commissioners for Mitchell County, and that the name of the Board was subscribed thereto by
its Chairman and that said Chairman and Clerk subscribed their names thereto, all by
authorization of the Board of County Commissioners, and that instrument is the act and deed of
Mitchell County.
Witness my hand and NOTARIAL SEAL, this the 16th day of February, 2023.
o .
John . Henning, Jr., otary Pu c
My Commission Expires: tmt -025
JOHN F. HENNING, JR.
NOTARY PUBLIC
BUNCOMBE COUNTY
North Carolina
Elf Commission i" it s 1, 2026
COUNTY OF MITCHELL
I, John F. Henning, Jr,, a Notary Public, of the aforesaid State of North Carolina and County
of Buncombe, hereby certify that Brandon Pitman, Chairman of the Mitchell County Board of Education,
with whom I am personally acquainted, first being duly sworn by me, says that he is the Chairman of the
Board of Education and Chad Calhoun is the Superintendent for Mitchell County Schools and is the Ex
Officio Secretary of the Mitchell County Board of Education, and that the foregoing instrument was
subscribed thereto by its Chairman and that said Chairman and Ex Officio Secretary subscribed their
names thereto, all by authorization of the Board of Education, and that instrument is the act and deed of
the Mitchell County Board of Education.
Witness my hand and NOTARIAL SEAL, this the 161h day of February, 2023.
Joh . Henning, Jr., Notar 6blic
r Lo. (,'0e)6
(NOTARIAL SEAL) My Commission Expires: 8"5, -2&2-5
JOHN F. HENINING, JR.
NOT %Y PUBLIC
BUN',:" :tif 'fie COUNTY
N ' ." Cc.; C5na
hAy G0MMiss: i _ -4j-w�.,s 5e, tember 1, 2026
{C5: 00101379.DOCX 14

NORTH CAROLINA
MITCHELL COUNTY
LAND EXCHANGE AGREEMENT
THIS LAND EXCHANGE AGREEMENT ("Agreement") is made and entered into this 16th
day of February, 2023, by and between MITCHELL COUNTY ("County") through its Board of
Commissioners, and the MITCHELL COUNTY BOARD OF EDUCATION ("BOE").
WITNESSETH.
County and BOE have reached a mutually beneficial agreement involving the exchange
of real estate pursuant to G.S. §160A-274 and hereby enter into this Agreement.
WHEREAS, the BOE is engaged in the process of designing and constructing a new school
facility designed to accommodate all Mitchell County students enrolled in grades 3 through 8,
and;
WHEREAS, the preferred site for the location of the school is a parcel of real estate
containing approximately 14.05 acres located at 5085 So 226 Highway, Bakersville, North
Carolina, which parcel is owned by County, and is described in deed recorded at Mitchell
County Registry in Book 608 pages 934-937, hereinafter referred to as the "Greene Property"
and;
WHEREAS, the construction and operation of this new school will, when fully
operational, allow the BOE to close other school facilities including Bowman Middle School
("Bowman"), which is located at 41.0 South Mitchell Avenue, Bakersville, NC, and;
WHEREAS, the Bowman property contains approximately 8.16 acres and is described in
three (3) separate conveyances to the BOE, which are recorded in the Mitchell County Registry
in Book 78 page 320, Book 82 page 208 and Book 101 page 603, and;
WHEREAS, for purposes of providing Qualified Zone Academy Bonds (Q.ZAB) funding for
renovations to the Bowman building, the Bowman property was transferred by the BOE to
County by deed dated July 3, 2008, recorded in the Mitchell County Registry in Book 478 pages
210-212; County granted a security interest to Rocky Mountain State Bank for repayment of the
QZAB loan, recorded in Mitchell County Registry in Book 480 pages 732-760. County leased the
Bowman property back to the BOE during the repayment period by that lease recorded in
Mitchell County Registry in Book 480 pages 761-773. The repayment of the QZAB loan in full
was completed in August, 2022, and;
WHEREAS, the BOE has made a finding that, once the new Middle School to be
constructed is completed and authorized to accept students, that the Bowman land, buildings
and facilities will no longer be necessary or desirable for school purposes, and at that time the
BOE will engage in the school closure process as required by statute, and;
{CS: 00101374.DQCX 11

WHEREAS, the school bus garage and bus parking and storage lot located at the
northwest end of the Bowman property will continue to be needed by the BOE for school
purposes. A chain link fence surrounds the bus lot and a paved driveway running from Mitchell
Avenue in a semicircle around the lot and garage building, ending back at Mitchell Avenue,
separates the bus lot and the garage from the school campus. The land within the semicircle
driveway is needed by the BOE after Bowman is closed, and the BOE will retain title to this land
and the joint right to use of the driveway. The County and BOE have caused a survey plat to be
made of the Bowman property, recorded in Plat Book and Page of the Mitchell
County Registry, depicting the said garage property as that 0.83-acre tract labeled Tract 2, and
the balance of the property labeled as Tract 1, and;
WHEREAS, County currently has offices of three County departments housed in rented
facilities, and one agency located in an extremely old building in need of substantial and
extensive repairs, being without hot water or air conditioning. The Bowman building can be
renovated to house all four County departments, and the gymnasium can continue as a
valuable part of the facilities of the County Parks and Recreation Department;
NOW, THEREFORE, based upon the facts stated herein, County and BOE have agreed
that an exchange of the Greene Property and the Bowman property, excepting the school bus
parking lot and garage, will be mutually beneficial to each party and has been negotiated
between the parties as allowed in G.S. §§115C-518 and 160A-274, and the exchange of the
properties is chosen by the BOE as the method for disposal of the Bowman property, as follows:
1. That County is, upon execution of this Agreement conveying to BOE fee simple title to
the Greene Property; provided, however, that if additional funding is required to
complete the new Middle School that the BOE shall (without additional compensation)
reconvey the property to the County for use as collateral for any loan related to the
construction.
2. That by the latest of the following dates, County will deed to BOE Tract 2 as shown on
that plat of the Bowman property as described above, along with an easement for the
joint use with County of the semicircular driveway as shown thereon, and BOE will
convey by Special Warranty Deed the balance of the Bowman property to County upon
the occurrence of the following:
a. 60 days following the approval of the new school facility for occupancy by
students and staff; and
b. 10 days following the date the new school facility is actually occupied by
students and staff.
IN WITNESS WHEREOF, the Mitchell County Board of Commissioners and the Mitchell
County Board of Education have each caused this instrument to be signed by their
respective Chairman and attested as appropriate to demonstrate authority of each Board
duly given, at a joint meeting of the Boards held on the 16th day of February, 2023.
{CS: 00101379.DOCX }2

Mitchell County Board of Commissioners
Y.
.�
Steve 'mi:C
h Ma
Attest
Taylor _Curry, Clerk To Bo
Mitchell County Board of Education
By -
Brandon Pitman, Chairman
:41'1
Attest-h _.m , Ex-Officio Secretary
This instrument has been pre -audited in the manner required by the Local Government Budget
and Fiscal Control Act_
Mitchell County Finance Officer
r
This instrument has been pre -audited in the manner required by the Local Government Budget
and Fiscal Control Act.
Mitchell County Board of Education Finance Officer
(Cs: 00101379_1)ocx l3