Minutes - Council - 01/24/2006 - Laserfiche WebLink

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The Meadow Plat, which includes the property the City intends to exchange with GM in return for GM conveying certain property to the City. The City property to be conveyed to GM consists of 10.2177 acres exclusive of street rights-of-way for The Meadows. The property to be conveyed by GM to the City consists of 8.7684 acres exclusive of street rights-of-way for The Meadows. In addition to the 8.7684 acres, the City will receive, as additional consideration, street construction paid for by GM having an approximate value of $100,000.00, and over-sizing of a holding pond sufficient to accommodate the approximate 21.5 acre City Hall site. Mr. Goodrich advised GM has a couple of issues with the agreement. There became a gap in the legal description on the boundaries and GM wanted the City to undertake a title action to resolve the issue. He informed GM that they should take the legal responsibility of the title action due to all the benefits they are receiving with this exchange. Mayor Gamec inquired if the dental property was required to take responsibility for this type of title action. City Attomey Goodrich responded in the affirmative. He indicated GM will reconfigure and reconstruct the existing access on CR 5 into the current City Hall, with the City Hall and the Fire Station continuing to have access. There is a requirement included in the agreement that states "...In addition, street construction shall be scheduled so as to maintain at all times ingress and egress to the City's existing fire station facility. Said street construction shall also be coordinated with the City in order to accommodate the traffic and parking needs of the City's annual Happy Days community celebration." Mr. Goodrich advised the first action before the Council is to approve this land exchange agreement. Mayor Gamec questioned if this land exchange will provide enough property for the school. City Attorney Goodrich replied the area will be approximately 21 ½ acres. Councilmember Elvig commented it is an asset to have this property for a school adjacent to the elementary school, as it will allow the sharing of facilities. He noted the school could be accessed off of Alpine Drive. He questioned if there are any issues related to selling this property since it was donated at one time. City Attorney Goodrich replied this land was not donated, it was purchased. There is a requirement to pass a Sale Ordinance, and this purchase agreement is subject to the adoption of that ordinance. He advised one hurdle is that there is not currently a legal description, as this will be based on the plat for The Meadow. A better diagram will be available for the final transfer; the current description will work for the Sale Ordinance. Councilmember Elvig suggested consideration of First Right of Refusal on the adjacent properties. City Administrator Norman replied this would require direction from the Council. Councilmember Cook stated one of the landowners is very insistent on his existing property remaining as it is. He would not recommend discussing First Right of Refusal in relation to this property. City Council / January 24, 2006 Page 14 of 22