TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Authorization to Exchange Property Adjacent to Cedar Falls Park
DATE: September 23, 2002
The attached resolution would authorize the Manager to exchange approximately 27,656 square feet of Town open space property for a quitclaim deed of approximately 41,250 square feet adjacent to Cedar Falls Park.
In 1974 a plat for the Countryside Subdivision was recorded that dedicated several open space areas to the Town.
Cedar Falls Park was purchased and developed in the 1970’s. Since the development of the park we have discovered that a private encroachment has occurred on park property from improvements related to lot 2-8 of the Countryside Subdivision.
On August 26, 2002, the Council authorized the Manager to advertise the proposed property exchange and schedule an agenda item for possible Council action at the Council’s September 23, 2002 regular meeting.
As required by General Statutes, the proposed land exchange was advertised in the September 8, 2002 edition of the Chapel Hill News.
DISCUSSION
In May 2002 Linda and Cliff Butler, the owners of lot 2-8 of Countryside Subdivision requested that the Town take actions that would resolve their current property line conflict within a portion of the Countryside Subdivision open space that was deeded to the Town. Please see the attached letter. The owners of the lot note that portions of their garage, driveway, and a stone wall are actually located on a strip of Town open space consisting of about approximately 27,656 square feet. They also note that a deed gap consisting of approximately 41,250 square feet exists between the open space area and Cedar Falls Park.
The owners of the lot propose that several steps be taken to resolve the boundary problems including:
1. The Butlers would convey by quitclaim deed to the Town their interest in the deed gap area.
2. The Town would convey by quitclaim deed its interest in the strip of open space that lies between the deep gap and lot 2-8.
3. The owners of the lot would remove their improvements, including a fence and walls, from the deed gap area.
4. The Butlers would pay the costs of preparing and recording any necessary deeds and plats.
Potential Impacts on Open Space: It appears that the open space area was originally intended to provide access from the subdivision to Cedar Falls Park. We believe that this proposal would not affect access to the park in any way. Access would still be available from the end of the Cedar Fork Trail cul-de-sac. We also believe that there would be a small increase in the quantity of effective open space in the area because of the removal of the fence and walls in the current deed gap area.
If the Council adopts the attached resolution, we would ask the Butlers to prepare the necessary legal documents and schedule a closing.
Manager’s Recommendation: That the Council adopt the attached resolution, which would authorize the Manager to exchange approximately 27,656 square feet of Town open space property for a quitclaim deed over approximately 41,250 square feet of a deed gap area adjacent to Cedar Falls Park.
ATTACHMENTS
1. Sketch showing Countryside Subdivision lot 2-8, the open space area, and the deed gap (p. 4).
2. Letter requesting the exchange of property (p. 5).
A RESOLUTION AUTHORIZING THE MANAGER TO EXCHANGE APPROXIMATELY 27,656 SQUARE FEET OF TOWN OPEN SPACE PROPERTY FOR A QUITCLAIM DEED OVER APPROXIMATELY 41,250 SQUARE FEET ADJACENT TO CEDAR FALLS PARK (2002-09-23/R-3)
WHEREAS, improvements associated with lot 2-8 of the Countryside Subdivision were built upon open space property owned by the Town; and
WHEREAS, the open space area in question consists of approximately 27,656 square feet (+/-); and
WHEREAS, a deed gap consisting of about 41,250 square feet (+/-) exists between the open space area and Cedar Falls Park; and
WHEREAS, it would benefit both the Town and Linda and Cliff Butler, the owners of lot 2-8 of the Countryside Subdivision to resolve the property line issue; and
WHEREAS, the Butlers have agreed to pay all survey and legal costs associated with the closing; and
WHEREAS, the Butlers have agreed to remove all improvements from the portion of the property that would be deeded to the Town;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager to exchange 27,656 square feet (+/-) of Town open space property for a quitclaim deed over 41,250 square feet (+/-) adjacent to Cedar Falls Park.
This the 23rd day of September, 2002.