TC Res. No. 2008-13 Declaring the intent of the town council to maintain certain tracts of land within wildridge as park and open space tracts and directing town staff to take all action necessary to cause the restriction of the future use of the those trdid nok ?ass
TOWN OF AVON
RESOLUTION NO. 08-13 i{ 2-1 (CR
SEIRES OF 2008 •
A RESOLUTION DECLARING THE INTENT OF THE TOWN COUNCIL TO
MAINTAIN CERTAIN TRACTS OF LAND WITHIN WILDRIDGE AS PARK AND
OPEN SPACE TRACTS AND DIRECTING TOWN STAFF TO TAKE ALL ACTION
NECESSSARY TO CAUSE THE RESTRICTION OF THE FUTURE USE OF THOSE
TRACTS IN PERPETUITY BY CONSERVATION EASEMENT
WHEREAS, the Town is the owner of Tracts A, E through N, O, P, Q and R, Wildridge,
all of which tracts are restricted to use as open space/drainage/access by the Protective
Covenants of Wildridge; and
WHEREAS, the Town is also the owner of Tracts C and D, which tracts are restricted to
use as parks by the Protective Covenants of Wildridge and are currently in use as Firestation
Park and Wildridge Upper Park; and
WHEREAS, it is the intent of the present Town Council that the those tracts never be
used for any purpose other than what is permitted by the Protective Covenants of Wildridge; and
WHEREAS, it is the desire of the present Town Council that future Town Councils not
have the ability to permit the use of those tracts for any purpose other than what is permitted by
the Protective Covenants of Wildridge;
NOW, THEREFORE, be it resolved by the Town Council of the Town of Avon as •
follows:
1. It is hereby declared to be the intent and commitment of the Town Council that no
tract or parcel of land owned by it within Wildridge shall ever be used in a manner
that conflicts with the Protective Covenants of Wildridge, which covenants are
determined by the Town Council to be fully binding on the Town.
2. Town staff are directed to take all action necessary to cause the tracts described above
to be subject to a perpetual conservation easement to the end that those tracts shall be
forever used only for open space or park purposes by the Town or any successors in
interest to the Town.
ADOPTED at a regular meeting of the Town Council the 22nd day of April, 2008.
Ronald C. Wolfe, Mayor
ATTEST:
Patty McKenny, Town Clerk
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Office of the Town Manager
To: Honorable Mayor and Town Council
From: Lary Brooks, Town Managpr-'
Date: April 17, 2008
Regarding: Resolution 08-13: A Resolution of intent and direction, to preserve the
open space in Wildridge
We are aware that the upcoming special election on the 6t' of May has raised a
concern from our citizens about the forecasted status of the open space parcels in
the Wildridge development The ballot question, if approved, would change the
criteria under which the Town could dispose or otherwise trade Town owned
• property. The approval of this ballot has resulted in a community concern that the
Town might sell these open space parcels for development, resulting in dramatic
changes to this residential area.
In order to address this legitimate concern, and to assure the preservation of these
parcels for the benefit of the Town, the staff is suggesting the adoption of this
resolution which serves to declare the intended use of the land and direct staff to
take action to preserve and limit such use through a perpetual conservation
easement
We believe that this resolution should be approved independently of the ballot
question. I, for one, was on the staff when many of these parcels were acquired by
the Town through payment of back taxes. The sole purpose of that purchase was to
protect the land from possible development I have not heard any sentiment from any
council members or citizens since that acquisition by the Town that would change
our feelings. With that in mind, we would recommend the approval of this resolution
as the best way to assure in perpetuity, the preservation of these lands now for future
generations.
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