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:
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U;FAYETTEVILLE113 I.
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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.
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Tomlinson Asphalt Company, Inc. STONLBRIDGE MEADOWS PHASE II
Civil Enginxxring Division
PRELIMINARY PLAT
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MAP - Stonebridge Meadows
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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
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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: