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HomeMy WebLinkAboutItem 4: Bethel Community Park Deed Transfer ECC DR UGENE ITY OUNCIL AIS GENDA TEM UMMARY Action: Bethel Community Park Deed Transfer Meeting Date: September 27, 2010 Agenda Item Number: 4 Department: Public Works Staff Contact: Neil Björklund www.eugene-or.gov Contact Telephone Number: 541-682-4909 ISSUE STATEMENT This item is for the City Council to take action to authorize the City Manager to transfer deeds to land in the Bethel neighborhood to School District 52, in accordance with a prior intergovernmental agreement. BACKGROUND In 1996, the City and School District 52 discussed a joint acquisition of land in the Bethel neighborhood for future use as a school site and a community park. In October of 1996, the City had an appraisal completed, and based on that appraisal, the City and District 52 agreed in principle that it would be mutually beneficial to proceed with a joint acquisition. In December 1996, the City entered into an Intergovernmental Agreement with District 52 (attached) stating that all costs were to be shared equally, and that the City would manage the appraisal contracting, appraisal review, acquisition-related wetland and title reports, and would perform the negotiations with the affected property owners. The City and Bethel jointly purchased properties from two property owners – the Kokkeler family and the Brewer family. The Brewer sale closed and the deed was recorded January 6, 1997. The Kokkeler property sale closed and was recorded January 9, 1997. The sale price of the Kokkeler property was $1,438,000 and the Brewer parcel was $140,600, based on appraisals completed by Duncan & Brown. The purchase price and closing costs were shared equally between the jurisdictions at the time of the closings. The entire property has been held in joint-ownership by the City and the district since the acquisition occurred. The total acreage acquired was about 70 acres and was to be divided approximately equally based on what would be most mutually beneficial to the school district, the City, and the public. The ultimate configuration of ownership was to be determined as school and park plans were further designed and determined. The park plan and conditional use permit for Bethel Community Park were completed in 1998. There were numerous benefits of acquiring the land jointly, not only in the efficiency of the appraisal and acquisition processes, but also for future shared use of the grounds, parking, and improvements to be constructed by both jurisdictions. The final partition of the site was completed in March of 2010 to create three parcels – two of which were to be conveyed to District 52 (parcels 1 and 3) and the third, which is the City’s Bethel Community Park site (parcel 2), that was to be conveyed to the City. The city park parcel is approximately equal in size to the combined areas of the two school district parcels. Z:\CMO\2010 Council Agendas\M100927\S1009274.doc The remaining step of separating the legal ownerships, consistent with the partition and intended ownership can be accomplished by executing deeds for each parcel to the intended long-term owner. Specifically, the City will transfer its interest in parcels 1 and 3 to District 52, and District 52 will transfer its interest in parcel 2 to the City. Upon consultation with the City Attorney, it was concluded that the most appropriate process for this transaction would be the process outlined in Eugene Code Section 2.868 (governmental transactions), which provides that the council may dispose of real property to any governmental entity without notice or hearing. Under those provisions, the council can adopt a motion authorizing the City Manager to transfer the property consistent with the terms described in the agenda item summary (AIS) or in an attachment to the AIS. RELATED CITY POLICIES No policies were found relating to this proposed action. COUNCIL OPTIONS A. Approve the motion. B. Decline to approve the motion. C. Other, as directed by the council. CITY MANAGER’S RECOMMENDATION The City Manager recommends that the council approve the motion. SUGGESTED MOTION Move to authorize the City Manager to transfer to the Bethel School District all property rights in parcels 1 and 3 as shown on Attachment A in exchange for Bethel’s transfer to the City of all property rights in parcel 2 as shown on Attachment A. ATTACHMENTS A.Bethel Park Deed Transfer Map (showing parcels 1, 2, and 3) B.1996 Intergovernmental Agreement between the City and School District 52 FOR MORE INFORMATION Staff Contact: Neil Björklund, Parks and Open Space Planning Manager Telephone: 541-682-4909 Staff E-Mail: neil.h.bjorklund@ci.eugene.or.us Z:\CMO\2010 Council Agendas\M100927\S1009274.doc ߬¬¿½¸³»²¬ ßæ Þ»¬¸»´ п®µ Ü»»¼ Ì®¿²­º»® п®½»´ ï ó ¬± Ü·­¬®·½¬ ëî п®½»´ î ó ¬± Ý·¬§ ±º Û«¹»²» п®½»´ í ó ¬± Ü·­¬®·½¬ ëî Ô»¹»²¼ l ͬ®»»¬­ п®½»´ÁÒ± п®½»´ ï п®½»´ î Ý¿«¬·±²æ ̸·­ ³¿° ·­ ¾¿­»¼ ±² ·³°®»½·­» п®½»´ í ­±«®½» ¼¿¬¿ô ­«¾¶»½¬ ¬± ½¸¿²¹»ô ¿²¼ º±® ¹»²»®¿´ ®»º»®»²½» ±²´§ò Ì¿¨´±¬­ Ú¬ ðïîðîìðìèð Í»°¬»³¾»® ïêô îðïð