Title
Resolution Authorizing Acceptance of Dedication of Floodplain and Open Space Property from Starmount Company
Body
Department: Parks and Recreation
Council District: District 4
Public Hearing: N/A
Advertising Date/By: N/A
Contact 1 and Phone: Phil Fleischmann, 373-3275
Contact 2 and Phone: Shawna Tillery, 373-7808
PURPOSE:
The Parks and Recreation Department is recommending the acceptance of a dedicated floodplain and open space parcel from the Starmount Company. City Council approval of acceptance is requested.
BACKGROUND:
The Parks and Recreation Department is currently in the process of determining whether to recommend to the Parks and Recreation Commission and City Council the acceptance of more than 300 drainageway and open space parcels that have been dedicated to the City by plat over time. A multi-agency committee is currently ranking the parcels with respect to a number of factors including the proximity of the parcel to a Watershed Critical Area, Water Supply Watershed, floodplain, County, State, or City-owned land, Watershed Buffer, other drainage way and open space parcels, and existing or planned parks, schools, and greenways.
The Starmount Company dedicated a floodplain and open space parcel to the City of Greensboro by recording the plat for Section 7 of Starmount Forest. The plat was recorded in the Register of Deeds at Plat Book 64, Page 103 on August 3, 1979. The parcel is known as Parcel 0058713 and addressed as 605 Open Way Cross Drive. There are City sanitary and storm sewer lines which were installed in the parcel from 1960 through 1979 and remain in use. The Field Operations Department regularly mows the right-of-way adjacent to Waycross Drive. Part of the Starmount Country Club golf cart path encroaches on the western border of the parcel. This parcel is one of many drainage way and open space parcels that the Parks and Recreation Department has determined have not been formally accepted by the City Council even though City infrastructure is located within the parcel and the City has performed maintenance activity on the parcel.
By deed recorded June 10, 2015, Starmount Company deeded six other drainage way and open space parcels to the City of Greensboro. Parcel #0058713 was not included in that Deed of Dedication. Just recently, by deed dated August 14, 2017, Starmount Company deeded 2008 Brassfield Road, another parcel which was dedicated to the City as flood plain and open space by Plat recorded on February 22, 1990, to the City of Greensboro.
By deed recorded May 26, 2017, CTC Land Company, LLC acquired the parcel from Starmount Company with the intention of building one or more single family residences on the portion of the parcel which is not encumbered by the floodplain. By letter dated August 11, 2017, the attorney for Starmount Company, Charles E. Melvin, Jr., informed the members of the LLC that the deed was obtained based upon material misrepresentations of a substantial nature and that the deed was null and void and ineffective to transfer any interest of the Starmount Company. By letter dated August 24, 2017, the attorney for CTC Land Company, LLC, Scott Wyatt, disputed the claims of Starmount Company and asserted that CTC Land Company, LLC owns the parcel free and clear of any claims by Starmount Company and/or the City of Greensboro. By letter dated September 6, 2017, the attorney for Starmount Company, Charles E. Melvin, Jr., responded that Starmount Company continues to dispute the ownership claim of CTC Land Company, LLC. All three letters are attached. Neighbors who reside on Monmouth Court, adjacent to the floodplain and open space parcel, have indicated to City staff that they bought their property in reliance on the plat and that they oppose any new residential development on the parcel. City staff have had several meetings with the interested parties and their attorneys.
The Parks and Recreation Commission approved the recommendation to accept this parcel at its meeting on September 13, 2017. Mr. Wyatt representing CTC Land Company, LLC, Mr. Isaacson, representing adjoining property owners, and Ms. Teri MacDonald-Cadieux, member of CTC Land Company, LLC spoke to the Commission. Mr. Wyatt presented a preliminary plan for one building lot to be created on the parcel, for a half-acre portion to be transferred to the Starmount Golf Course, and for the remainder to be transferred to the City as floodplain and open space. Mr. Isaacson presented a letter signed by the owners of eleven adjoining properties indicating their reliance on the open space not being developed and urging the City to formalize ownership of the parcel. A copy of the letter is attached.
Formal acceptance of the parcel is one step in a two-step process. Transfer of legal ownership would be the second step after the various legal claims of Starmount Company, CTC Land Company, LLC, and the adjoining property owners are resolved.
BUDGET IMPACT:
Funding in the amount of $26.00 for the Guilford County Register of Deeds recording fees are budgeted in the Parks and Recreation Department Account #101-5029-01.5288. Funding for the minimal maintenance of the floodplain and open space area is currently budgeted in the Field Operations Right-of Way maintenance budget.
RECOMMENDATION / ACTION REQUESTED:
The Parks and Recreation Department and the Parks and Recreation Commission recommend that City Council formally accept the dedication of the floodplain and open space parcel known as Parcel #0058713.