TO: Mayor and City Council
THROUGH: Krishna Namburi, City Manager
FROM: Gretchen Bennett, Community Services Director
SUBJECT:
title
Purchase and Sale Agreement for the acquisition of the Fabry Natural Area (Lots 47 and 66 within the Headwaters Subdivision) for future natural area park use.
Ward(s): Ward 4
Councilor(s): Gwyn
Neighborhood(s): South Gateway
Result Area(s): Natural Environment Stewardship; Welcoming and Livable Community.
end
SUMMARY:
summary
City staff have been in discussions for several years with Landau SFV, LLC (Seller) (John Miller, Manager) to acquire property within the Headwaters Subdivision identified for park purposes through an approved land use decision. The proposed acquisition, known informally as the Fabry Natural Area, consists of two proposed legal lots (Lots 47 and 66) for sale to the City for use as a park. This proposed property acquisition will preserve the headwaters of Pringle Creek, protect wetlands, and advance implementation of the trail plan contained with City’s comprehensive park system plan. Staff and Seller have come to terms on a proposed Purchase and Sale Agreement (Agreement)(Attachment 1) for conveyance of the property to the City, with acquisition funded through Parks System Development Charges.
end
ISSUE:
Shall City Council authorize the City Manager to execute the Purchase and Sale Agreement for acquisition of the Fabry Natural Area (Lots 47 and 66) within the Headwaters Subdivision?
RECOMMENDATION:
recommendation
Authorize the City Manager to execute the Purchase and Sale Agreement for acquisition of the Fabry Natural Area (Lots 47 and 66) within the Headwaters Subdivision.
body
FACTS AND FINDINGS:
The Headwaters Subdivision, 5600 block of Reed Lane SE and Battle Creek Road SE, was approved in 2021 under land use decision SUB-ADJ21-10. Conditions of approval for that decision require dedication of a natural area park to the City as part of the subdivision phasing. Specifically:
• Condition 42 requires construction of a natural area park within proposed Lots 47 and 66 pursuant to the Comprehensive Parks System Master Plan Update at the time of final plat of Phase 2.
• Condition 45 requires conveyance of Lots 47 and 66 to the City prior to final plat of Phase 3.
The Fabry Natural Area is a developer-driven acquisition tied directly to subdivision phasing and implementation of adopted land use approvals.
A Natural Area is a park classification within the Comprehensive Parks System Master Plan (CPSMP). The CPSMP identifies acquisition of land to establish new natural areas as appropriate for conservation and natural area protection. Acquisition of the Fabry Natural Area will conserve undeveloped headwaters of Pringle Creek, including associated wetlands, and will help implement a proposed off-street trail connection shown in the CPSMP as part of the City’s planned recreationally-focused trail network. The site also supports expansion of the half-mile service area of Wes Bennett Neighborhood Park via a planned linkage through an existing trail easement connecting to Pringle Elementary School. This strategy, which is similar to the Woodscape Linear Park, helps expand walkable close-to-home access to Wes Bennett from across Battle Creek Rd SE.
Key Terms of the Agreement
• Seller: Landau SFV, LLC
• Property: Approximately 5.64 acres (Lots 47 and 66) created with recording of the Phase 2 plat of the Headwaters Subdivision
• Purchase Price: $235,438
• Earnest Money: none
• Special Conditions: Seller to complete improvements identified in the Headwaters Subdivision Phase 2 Improvement Agreement (Attachment 2)
• Closing Date: Closing to occur following satisfaction of all conditions, with closing anticipated on or before April 30, 2027
Funding for this acquisition will come from Parks System Development Charges.
BACKGROUND:
The Seller is actively advancing Phase 2 of the Headwaters Subdivision and has entered into a public infrastructure improvement agreement. Prior to closing on this acquisition, and consistent with the reimbursement strategy outlined in that agreement, the Seller will complete the following improvements to the property:
• Manage invasive and noxious vegetation (to be completed prior to closing)
• Construct a paved pathway with lighting
• Install irrigation and seed lawn area
Rob Romanek
Parks Planning Manager
Attachments:
1. Agreement
2. Headwaters Subdivision Phase 2 Improvement Agreement