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HomeMy WebLinkAbout214-04 RESOLUTION• • RESOLUTION NO. 214-04 A RESOLUTION TO APPROVE A DEED FROM THE CITY OF FAYETTEVILLE TO MEADOWS ENTERPRISES, INC. FOR 1.95 ACRES TO SWAP FOR SIMILAR ACREAGE TO ENLARGE A NEARBY CITY PARK WHEREAS, Meadows Enterprises, Inc. dedicated 1.95 acres for a neighborhood park in an earlier phase of their residential development; and WHEREAS, the Parks and Recreation Division, Parks and Recreation Committee, Planning Commission and City Council agree that this 1.95 acres should be deeded back to the developer in exchange for similar acreage adjoining additional dedicated parkland in a later phase of the neighborhood development; and WHEREAS, all agree this larger neighborhood park will better serve the neighborhood and citizens of Fayetteville. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section I: That the City Council of the City of Fayetteville, Arkansas hereby approves the deed attached as Exhibit "A" to Meadows Enterprises, Inc. in exchange for a similar amount and type of land to be dedicated by Meadows Enterprises, Inc. as parkland next to and adjoining other dedicated parkland. The City Council hereby authorizes Mayor Coody to execute this deed. PASSED and APPROVED this 2151 day of December, 2004. ATTEST: Sp,vamnp� 14;;t%l' Op • a, U;FAYETTEVILLE113 I. • By ' tt.• : > _ cs-9se9:5kANS:• c� J ".aHAM uuu" SONDRA SMITH, City Clerk APPROVED: DAN COODY, Mayor • • • WARRANTY DEED MUNICIPAL CORPORATION BE IT KNOWN BY THESE PRESENTS: THAT the CITY OF FAYETTEVILLE, ARKANSAS, a municipal cor-poration, hereinafter called GRANTOR, for and in consideration of the sum of One Dotter ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell and Convey unto Meadows Enterprises, Inc., a corporation, hereinafter called GRANTEE, and unto Grantee's successors and assigns, the following described land situated in the County of Washington, State of Arkansas, to -wit: Property Description' Part of the Southwest Quarter (SW/) of Section 19, Township (16) North, Range Twenty-nine (29) West of the 5°' Prindpal k County, Arkansas, being more particularly described as follows: Commencing in the Southwest corner of Section 19 and running N. 1321.99 feet; thence EAST 614.37 feet to the Point of Beginning; thence South 89' 5T 06' East 566.28 feet thence SOUTH 150 89' 57' 06' West 666 28 feet thence NORTH 150.00 feet to the Point of Beginning, containing 1 95 acres, more or less TO HAVE AND TO HOLD the said lands and appurtenances thereunto belonging unto the said Grantee and Grantee's success Grantor, hereby covenants that it is lawfully seized of said lands and premises; said lands against all legal claims whatever. BY: WITNESS the execution hereof on this 021.3f day of cL 2t., e,P Dan Coody, Mayor that the same is unencumbered, IN MAIO Grantor will fa F;��G• G\Z Y ............... • 11‘ m r . 2004. CITY OF FAYETTEVILLE, ARKANSAS, a municipal corporation ATTE Sondra Smith, City CI tom E ;FAYETTEVILLE: tit.% .--9s'1KANS?G Jam;: Da ACKNOWLEDGMENT STATE OF ARKANSAS SS COUNTY OF WASHINGTON BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Pudic within and for said Dan Coody and Sondra Smith. to me well known as the persons who executed the foregoing document, and who stated and acknowledged of the City of Fayetteville, Arkansas, a municipal corporation. and are duly authorized in their respective capacities to execute the foregc behalf of said municipal corporation, and further stated and acknowledged that they had so signed. executed and delivered said instrument fk therein mentioned and set forth. WITNESS my hand and seal on this 0244#day of My Commission Expires: 7 ala ib Notary Public 2 NAME OF FILE: CROSS REFERENCE: Item # Date • Resolution No. 214-04 w/Warranty Deed Document • 1 12/13/04 memo to mayor & City Council 2 draft resolution 3 draft warranty deed 4 copy of PRAB minutes 6/2/03 5 copy of preliminary plat 6 copy of project proximity map 7 copy of Deed correction 8 Staff Review Form 9 10 11 12 13 14 15 16 NOTES • Cu�a+ • A, 8* able ciaas EcitApitcal ga".P -Swop. City Council Meeting of January 4, 2005 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Gary Dumas, Director of Operations Connie Edmonston, Director of Parks and Recreati From: Alison Jumper, Park Planner Date: December 13, 2004 Subject: Stonebridge Meadows Phase 11 /rltyloasfl kktrrartit RECOMMENDATION Fayetteville Parks and Recreation Advisory Board (PRAB) and Parks and Recreation Staff recommend an exchange of 1.95 acres of land for 5.45 acres of land to meet the Park Land Dedication requirement for Stonebridge Meadows Development. BACKGROUND The Stonebridge Meadows Phase II Development is located south of Hwy 16 and between Hunt Lane and Dead Horse Mountain Road. The owner is Bill Meadows and the engineering firm is Tomlinson Asphalt Company. Phase II of the development contains 88 single-family units on 53.81 acres. The requirement for park land is 2.11 acres and money in lieu is $48,840. Eagle Park (1.95 acres) was dedicated in 1998 to meet the requirements of Stonebridge Meadows Phase I. The layout of Phase 11 created an awkward relationship between Phase I, the park land and Phase II. The developer requested the City to deed the 1.95 acres dedicated as park land for Phase I back; and in rctum, the developer will rededicate the 1.95 acres plus the requirement for Phases 11 and III as one contiguous piece of land. The land exchange was presented to the Parks and Recreation Advisory Board on June 2, 2003. • • DISCUSSION The Parks and Recreation Staff and PRAB recommend the exchange of 1.95 acres of land for 5.45 acres of land to meet the Park Land Dedication requirements for Stonebridge Meadows. If you have any questions, please call me at 444-3469. Attachments: Stonebridge Meadows Concept Plan Location Map PRAB June 2, 2003 Meeting Minutes • • RESOLUTION NO. A RESOLUTION TO APPROVE A DEED FROM THE CITY OF FAYETTEVILLE TO MEADOWS ENTERPRISES, INC. FOR 1.95 ACRES TO SWAP FOR SEMILAR ACREAGE TO ENLARGE A NEARBY CITY PARK WHEREAS, Meadows Enterprises, Inc. dedicated 1.95 acres for a neighborhood park in an earlier phase of their residential development; and WHEREAS, the Parks and Recreation Division, Parks and Recreation Committee, Planning Commission and City Council agree that this 1.95 acres should be deeded back to the developer in exchange for similar acreage adjoining additional dedicated parkland in a later phase of the neighborhood development; and WHEREAS, all agree this larger neighborhood park will better serve the neighborhood and citizens of Fayetteville. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves the decd attached as Exhibit "A" to Meadows Enterprises, Inc. in exchange for a similar amount and type of land to be dedicated by Meadows Enterprises, Inc. as parkland next to and adjoining other dedicated parkland. The City Council hereby authorizes Mayor Coody to execute this deed. PASSED and APPROVED this 21" day of December, 2004. ATTEST: By: SONDRA SMITH, City Clerk APPROVED: �� Off' By: DAN COODY, Mayor • • WARRANTY DEED MUNICIPAL CORPORATION BE IT KNOWN BY THESE PRESENTS: THAT the CITY OF FAYETTEVILLE, ARKANSAS, a municipal cor-poratlon, hereinafter called GRANTOR for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration. the receipt of which is hereby acknowledged, does hereby grant, bargain. sell and convey unto Meadows Enterprises, Inc., a corporation, hereinafter called GRANTEE, and unto Grantee's successors and assigns, the following described land situated in the County of Washington, State of Arkansas. to -wit: Property Description' Part of the Southwest Quarter (SW%) of Section 19, Township (16) North, Range Twenty-nine (29) West of the 5" Principal k County, Arkansas, being more particularly described as follows: Commencing in the Southwest comer of Section 19 and running Ni 1321 99 feet; thence EAST 614.37 feet to the Point of Beginning; thence South 89° 57' O6° East 566.28 feet; thence SOUTH 150.1 89° 5T O6° West 666.28 feet; thence NORTH 150.00 feet to the PoiM of Beginning, containing 1 95 acres more or less. TO HAVE AND TO HOLD the said lands and appurtenances thereunto belonging unto the said Grantee and Grantee's success Grantor, hereby covenants that it is lawfully seized of said lands and premises; that the same is unencumbered, and that the Grantor will fol said lands against all legal claims whatever. WITNESS the execution hereof on this day of , 2004. CITY OF FAYETTEVILLE, ARKANSAS, a municipal corporation BY: ATTEST: D: Dan Goody, Mayor Sondra Smith, City Clerk ACKNOWLEDGMENT STATE OF ARKANSAS COUNTY OF WASHINGTON BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within and for said Dan Coady and Sondra Smith, to me well known as the persons who executed the foregoing document, and who stated and acknowledged of the City of Fayetteville, Arkansas, a municipal corporation, and are duly authorized in their respective capacities to execute the foregc behalf of said municipal corporation. and further stated and acknowledged that they had so signed, executed and delivered said instrument fc therein mentioned and set forth. WITNESS my hand and seal on this My Commission Expires: day of 2004. Notary Public PARKS AND RECREATION ADVISORY BOARD Meeting Minutes June 2, 2003 Opening: The regular meeting of the Parks and Recreation Advisory Board was called to order at 5:30 p.m. on June 2, 2003 in Room 326 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas by Chairperson Colwell. Present: Parks and Recreation Advisory Board members Hill, Batley, Colwell, Eads, Marley, Pawlik-Holmes, and Mauritson; City staff Edmonston, Coles, Hatfield, Hesse, Nelson, Wright; and Audience 3. Park Land Dedication Development Name: Engineer: Hennelly Owner. Location: Park District: Units: Total Acres: Land Dedication Requirement: Money in Lieu Requirement: Existing Parks: Staff Recommendation: Developer Request: Justification: Stonebridge Meadows, Phase II Tomlinson Asphalt Company, Tom Bill Meadows Stonebridge and Goff Farm Road SE 153 Single Family Lots 53.81 acres 3.67 acres $84,915 Bayyari Park (7.05 acres) within One - Mile Radius Land Dedication Land Dedication Project is located in an area considered to be underserved by the Parks Master Plan. A total of six acres (two acres from Phase I) will adequately serve both Phase I and Phase II residents. Eagle Park (2 acres) was dedicated during development of Stonebridge Meadows Phase I in 1998. Thomas Hennelly said when the property was dedicated there wasn't a tremendous amount of forethought into the layout of Phase 11. This two -acre parcel is awkwardly located in relationship to Phase II. Property owner Bill Meadows has set aside 14.97 acres adjacent to the development to be dedicated to the Fayetteville Public School System for either an elementary or middle school. Mr. Hennelly said the main drive to the school needed to be straight instead of routing through • • the subdivision. Therefore, a request to have the original two -acre land dedication deeded back to Mr. Meadows was made. Another two -acre tract would be deeded In its place from another location. Ms. Edmonston said the City Attomey had approved the swapping of land but had asked a conditional recommendation be dependent upon receipt of deed before final plat. Ms. Hesse said the exact parameters of the park land haven't been defined. According to city ordinance, they can be defined at the final plat stage. The plan could be brought back to the board with boundaries defined. Board members agreed staff should negotiate park boundaries with the developer within the 14.97 acres indicated on the preliminary plat. However, Mr. Hennelly was hesitant about restricting the dedication to this area. He suggested looking at the entire development because there are other areas available. Because it is unknown whether a middle school or elementary school would be constructed, Mr. Hennelly said there is plenty of property available elsewhere to dedicate. If a middle school is constructed it would require use of the entire 15 acres An elementary school would allow room for both the school and a park. Board members decided if park land was to be dedicated outside of the 14.97 acre parcel as indicated it should be brought back for a recommendation. MOTION: Mr. Mauritson moved to accept a Land Dedication within the 14.97 acres indicated on preliminary plat dependent upon receipt of deed before final plat to satisfy the Park Land Dedication Ordinance for Stonebridge Meadows, Phase 11. Any land outside the indicated 14.97 acres must be presented to the Board for recommendation. Mr. Bailey seconded the motion. Upon roll call, the motion was approved unanimously 6-0-1 with Pawlik-Holmes abstaining from the vote. rn m m A A m 2 D Tomlinson Asphalt Company, Inc. STONLBRIDGE MEADOWS PHASE II Civil Enginxxring Division PRELIMINARY PLAT =AU' r..: o1 8 MAP - Stonebridge Meadows ti a c 0 ®' om 3 4 co is rv��4'II oat ..."utr ,t..��i�hr E =12.1111 �n oc la P= - -;_T U. r. , i `Ii M : , € t. a .� .O__ 0 - �� 1 Dec 15 04 05:19p Ic/I)/cuu4 I] )d ren we a 11 • WARRANTY Cartectlon to EED 98064060 BE IT KNOWN BY MESE PRESENTS: • THAT eleadaw FJtapfbr, GRANTOR. Ier and N mrd'rsdon of dm' Ss Seen 7mt booth no and Altana a wessicsae co.poratMrt. 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MY11a:99 tIM CtwAfon hereofoil aaa _2z! _ d 6R'LryaiRr tare I Name of Gtader/Cfooraio.e may address d RMe4dor e Gan; Doi aunt !• .TsOQ,y,w9JlO901DRL� W004/004 end add m the ATTEST: 1 A./4s.d-'- Warn rt tleedcn.hoidee end din executive Meese pita or typs 1• urn Cf ARK/POM COI)RY OF WASNMGTON SE n Silt end for sect toms wad Lawn I,ACKNOWLEDGMENT I ) late end The) ave D. chat On dei dile, Was the natal rod, a 6u y ooaMronW end acting 1 Pubes end art pefonety eppeotes soma N. Wsown end de persons etc Cacitted de foregoing document, and who recd erect edaoxledged t4W fey • nava r....••••• ren... e... .i nM GeoaeStdos Meadows c' -g p.2 It City of Fayetteville 4 g • Staff Review Form City Council Agenda Items Contracts City Council Meeting Date Connie Edmonston f() Parks and Recreation Operations Submitte By Division Department Action Required: Resolution to accept the recommendation of the Fayetteville Parks and Recreation Advisory Board to exchange 1.9 acres of land for 5.45 acres of land to meet the Park Land Dedication requirement for Stone Bridge Meadows. Cost of this request Account Number Project Number Budgeted Item Category/Project Budget Funds Used to Date Remaining Balance Budget Adjustment Attached Program Category / Project Name Program / Project Category Name Fund Name Department Director I City Attomey Date tw. 12-1G'0il Date gC/ 12-77 7,7, Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Received in City Clerk's Office Received in Mayor's Office Comments: