SUBJECT:
Title
An Ordinance of the Town Council of the Town of Erie Approving the Purchase of Real Property
Body
DEPARTMENT: Parks & Recreation
Department
PRESENTER(S): Luke Bolinger, Director of Parks & Recreation
First Name Last Name, Title
TIME ESTIMATE: 5 minutes
only required for non-consent items
FISCAL SUMMARY:
Cost as Recommended: $2,699,009.00
Balance Available: $7,521,883
Budget Line Item Number: 210-50-110-604500-000000
New Appropriation Required: Yes
POLICY ISSUES:
Consideration of the Town Council to appropriate and expend funds from the Trails, Natural Areas, and Community Character Fund (TNACC) to acquire this property and devote it to open space and trails.
STAFF RECOMMENDATION:
Recommendation
Approve the ordinance authorizing the purchase, authorize the Town Manager to execute the Purchase and Sale Agreement, and authorize staff to expend funds to acquire the property.
End
SUMMARY AND BACKGROUND OF SUBJECT MATTER:
Earlier this year, representatives for the property owner reached out to staff after receiving a courtesy open space inquiry letter sent annually by members of the Open Space & Trails Advisory Council (OSTAB). As part of OSTAB’s annual work plan, a letter is sent to property owners in Erie’s planning area indicating the Town’s interest in purchasing and preserving land for open space. This property has long been identified by OSTAB and staff as one of the highest priority parcels to acquire for open space within Erie’s planning area due to its proximity to Coal Creek, adjacency to existing open space, and opportunities for trail connectivity.
Based on investigative analysis completed by staff, legal counsel, and appraisal reports, the proposed per acre cost is comparable to similar properties in the region. The total acreage to be acquired is 38.9 acres. The landowner would like to donate a small 1.43-acre parcel just west of South Main Street and west of Erie Airport as part of the transaction. The Town already owns the adjacent parcel of land to the west along County Line Rd. Staff believes this land could be beneficial to the future airport access project and/or for a potential additional trail access to circumvent the existing trail alignment that floods at the airport underpass.
If Council approves the Purchase and Sale Agreement, staff will begin a thorough 45-day due diligence investigation of the property. The due diligence investigation will include but not be limited to conducting an independent Phase I Environmental Survey, ALTA survey, and a review of any title exceptions.
The use of TNACC funds requires a supporting recommendation by the OSTAB. The potential purchase of this property was presented to OSTAB in an executive session on March 11, 2024, and OSTAB supports the purchase and property donation as proposed.
The TNACC Fund has an available fund balance of $1,818,435 to cover the additional appropriation of $139,009 required to cover all costs associated with this purchase. However, the already appropriated funds require a budget transfer to the correct account within the TNACC Fund.
TOWN COUNCIL PRIORITY(S) ADDRESSED:
ü Attractive Community Amenities
ü Well-Maintained Transportation Infrastructure
ü Small Town Feel
ü Safe and Healthy Community
ü Effective Governance
ü Fiscally Responsible
ATTACHMENT(S):
1. Ordinance
2. Purchase and Sale Agreement
3. Map