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File #: 170677.    Version: 1 Name:
Type: Discussion Item Status: Passed
File created: 12/20/2017 In control: City Attorney
On agenda: 1/4/2018 Final action: 1/4/2018
Title: Approvals by City as property owner and developer of Heartwood Community (B)
Attachments: 1. 170677A_Final Plat_20180104.pdf, 2. 170677B_Declaration_20180104.pdf, 3. 170677C_Articles of Incorporation_20180104.pdf, 4. 170677D_By Laws_20180104.pdf, 5. 170677E_Design Guidelines_20180104.pdf, 6. 170677_Heartwood_20180104.pdf, 7. 170677_Heartwood Articles of Incorporation_20180104.pdf
Title
Approvals by City as property owner and developer of Heartwood Community (B)


Explanation
The City of Gainesville owns property that is commonly referred to as Heartwood. The City is redeveloping the 15.1 acre property as a deed restricted subdivision with 34 lots for single family detached homes. The purpose of this agenda item is to request the City Commission, acting in its proprietary capacity as the property owner/developer, approve certain actions necessary to create the Heartwood Community. If this agenda item is approved, there is an item on this evening's agenda to request the City Commission, acting in its regulatory capacity, approve the Final Plat of the Heartwood Subdivision.

As owner/developer, there are several legal documents that must be approved and filed prior to the City commencing construction on the property or selling lots. The documents include:

* Heartwood Subdivision - Final Plat
* Declaration of Covenants, Conditions and Restrictions for Heartwood Community
* Articles of Incorporation and Bylaws of Heartwood Community Homeowners' Association, Inc.


Final Plat

State law and the City's Land Development Regulations require that a subdivision be platted prior to commencement of construction or sale of lots. The Final Plat for Heartwood Subdivision establishes 34 lots, setback lines within the lots, conservation easements, drainage easements, public roads, private roads, alleys, utility easements and common areas. Because the City owns the property, the City must authorize the City Manager on behalf of the City to execute the plat and record the plat upon final approval by the City Commission, acting in its regulatory capacity.

Declaration of Covenants, Conditions and Restrictions for Heartwood Community

The Declaration of Covenants, Conditions and Restrictions ("Declaration") describes membership and voting rights in the homeowners' association, assessments on individual lots, and the duties of the homeowne...

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