Legislation Details

File #: 20-8484    Version: 1 Name: Res for reverter clause
Type: Resolution Status: To Be Introduced
File created: 3/21/2024 In control: City Council
On agenda: 4/2/2024 Final action:
Title: Resolution Authorizing the City Attorney and the City Manager to Execute Any and All Documents to Amend the Transfer of Previously Owned City Property Located at 905 North 10th Street to New Hanover County
Attachments: 1. 2022 Resolution and Letter
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Title
Resolution Authorizing the City Attorney and the City Manager to Execute Any and All Documents to Amend the Transfer of Previously Owned City Property Located at 905 North 10th Street to New Hanover County

Body
LEGISLATIVE INTENT/PURPOSE:

WHEREAS, the City previously owned a 2.584 acre tract of property located at 905 North 10th Street (the "Property"); and,

WHEREAS, the Property was previously declared surplus and transferred to New Hanover County (the County), in an effort to further the collaboration with the Northside Food Cooperative (a cooperative corporation formed under Subchapter IV of Chapter 54 of the General Statutes of North Carolina); and,

WHEREAS, the Northside Food Cooperative desires to design and build a grocery store on the north side of Wilmington, which has been designated as a food desert for over 35 years; and,

WHEREAS, transfer of the Property from the City to the County included a clause restricting the use of the property to the public purpose of a grocery store; and,

WHEREAS, the County has requested that the City remove the reverter clause that the Property serve the aforementioned public purpose as a grocery store; and,

WHEREAS, the Couty will be investing over $9 million to improve the Property; and,

WHEREAS, the County would not like to lose its investment in the Property should the Northside Food Cooperative not be successful; and,

WHEREAS, the City believes in the need for the Northside Food Cooperative and wishes to invest in the future of the community; and,

WHEREAS, effecting the changes requested by the County will require certain affirmative legal steps to be taken by the City in order to have the reverter clause removed.

THEREFORE, BE IT RESOLVED:

THAT, the Wilmington City Council does hereby authorize the City Attorney and the City Manger to take all necessary legal steps to effect changes to convey the Property to the County without the stipulations relating to a reversion of the property should it not b...

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