Guilford County
File #: 2019-402    Version: 1 Name:
Type: New Business Status: Passed
File created: 10/28/2019 In control: Board of Commissioners
On agenda: 11/7/2019 Final action: 11/7/2019
Title: RECONVEYANCE OF 50% UNDIVIDED OWNERSHIP IN THE BRYAN PARK NORTH PROPERTY TO CITY OF GREENSBORO
Attachments: 1. Bryan Park North Agreement - clean, 2. Special Warranty Deed - Bryan Park.Draft
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
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TITLE

Title

RECONVEYANCE OF 50% UNDIVIDED OWNERSHIP IN THE BRYAN PARK NORTH PROPERTY TO CITY OF GREENSBORO

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SPONSOR

Sponsor

Marty K. Lawing

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BACKGROUND

Background

On August 5, 1998 the Joseph M. Bryan Foundation gave approximately 534.43 acres of land to the City of Greensboro and Guilford County to be developed as a public park or maintain as open space.  The property is referred to as Bryan Park North and no park development has occurred on the property by the city or county since taking ownership.  On April 3, 2007 the city and county deeded 23.57 acres to Timothy and Sandra Troxler leaving 510.86 acres to be used for park and open space.  On November 12, 2008 the City of Greensboro deeded its one-half interest by Special Warranty deed to Guilford County.  The property consists of three parcels:

        

                     Parcel 128313     7770 Doggett Road              476.23 acres

                     Parcel 128250     7519 Doggett Road              21.6 acres

                     Parcel 128241     7219 Brown Summit Road  12.0 acres

 

A Master Plan for development of the Bryan Park North property was prepared, but no significant development has occurred primarily due to the lack of funding. The City of Greensboro has some potential funding for the development of the Bryan Park North property and has requested the reconveyance of 50% undivided ownership interest in the property in order to justify investing in park development.

 

In January 1999 the City and County entered into an agreement to outline the duties, responsibilities and obligations of both parties with respect to the development and maintenance of the property.  A revised agreement between the City and County entitled the Bryan Park North Agreement includes the following provisions for the current uses of the property:

 

- Beginning July 1, 2020, all revenue realized from existing leases on the property and any operating expenses will be shared equally. (The County currently has two leases, one with the Greensboro Radio Aeromodelers Association, Inc. (4.5 acres) and one farmland lease (96 acres) that generates $4,800.00 per year.)

- Bryan Park North shall be owned jointly by the City and County as tenants in common and all future acquisitions shall be jointly approved by the City Council and the County Board of Commissioners.

- On or after July 1, 2020 the County shall operate and maintain the Bryan Park North and invoice the City for one-half of the actual costs associated with the maintenance of the grounds, direct costs and insurance.

- The annual operating budget for Bryan Park North shall be approved by the City Council and the Board of Commissioners.

- All revenues from the operation of Bryan Park North including farmland leases will be shared equally after July 1, 2020.

 

The current uses for the property include cross country running trails, horse trailer parking, horse riding trails, radio controlled model airplane field and leased farm land.  The parties will endeavor to continue these uses at current locations unless the parties agree through an amended agreement that these uses need to be moved or terminated.

 

The following provisions will govern the future development of Bryan Park North:

- The Park shall be developed in accordance with the Master Plan, as it may be amended from time to time by written agreement between the City and County

- Annually, a Bryan Park North development budget will be submitted to the City Council and the Board of Commissioners for consideration listing the improvements to be made.  Adoption of the capital or development budget shall be the approval of the work to be completed.

- If future development is approved by both parties the county shall contract with the engineers, consultants and contractors to complete the work and the costs will be shared equally

-Three members of the City Parks and Recreation Commission and three members of the County Parks and Recreation Commission shall be appointed to an oversight committee that shall meet at least semiannually to review operating policies and development options and shall act in an advisory role.

- The City or the County may separately undertake a project on the property that is not prohibited by the master plan following approval by the other party and provide all costs associated with developing and maintaining the use and recover all revenues generated by this use.  The non-developing party of this use will not be required to contribute any costs toward developing or maintaining this use.

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BUDGET IMPACT

Budget Impact

NO ADDITIONAL COUNTY FUNDS REQUIRED - NO IMPACT FOR FY 2019-20 BUDGET

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REQUESTED ACTION

Requested Action

Approve, the Reconveyance of 50% Undivided Ownership in the Bryan Park North Property to the City of Greensboro by Special Warranty Deed and approve the Bryan Park North Agreement Between the City of Greensboro and Guilford County, in substantial form.

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