Post by leokeeler on Mar 21, 2016 11:53:24 GMT -7
The following has been submitted to the GLA Board of Directors
Competitive soccer matches were held on the fields for several years, but ceased several years ago. The fields have been watered, and mowed every year under a budget of approximately $750. The 2016 GLA budget approves up to $800.00 worth of maintenance on the concession building.
There is a need for a decision about whether or not the lands should be maintained because of the condition of the building, lack of use of the mowed area, and a reversion clause in the Warranty Deed. The reversion of the lands back to the Church depends upon the County Commissioners finding of a violation of the Parkland Dedication Agreement between Park County, GLA and the Church.
The deed GLA holds states “Ownership of the land will revert to the Grantor in the event the Commissioners of Park County, Montana determine at a later date that this conveyance does not meet the Park County requirement that the Glastonbury Landowners Association Land Use Master Plan for North Glastonbury set aside for parks and recreation.” The Land Use Master Plan for North Glastonbury was being developed while GLA was administered by the Church, but, like the plan for South Glastonbury, was never completed. The Glastonbury Land Use Master Plan of 2007 does not address the Soccer Fields.
The decision authority by the Commissioners was restated in the Parkland Dedication Agreement. The Agreement designates that developed recreation is required rather than just wild land recreation in item 3 which states: “The GLA continues to maintain improvements constructed upon this parcel in a condition useful to the community, and constructs additional facilities as such needs may arise within the community and money is raised to fund said construction.”
The Parkland Dedication Agreement states: “THEREFORE, the parties agree as follows;
“Park County will accept Parcel No. 16A as satisfying 20.261 acres toward the dedication of parkland as required by the Park County Subdivision Regulations in effect at the time of the proposed development of said “Reserved Land” or any portion thereof and may be submitted for review and approval as a major subdivision development provided the following conditions are met. The Reserved Land is the 176 acres surrounding the 20.261 acre Soccer Field.
The Agreement benefits the Church because Park County accepted the 20.261 acres as a credit against future recreation land requirements in County regulations, should such be needed when the lands surrounding the soccer fields are developed. The Church receives further ongoing benefits from GLA because GLA covers the costs/expenses of maintaining a recreational site in the center of lands the Church may develop and advertise for sale or lease.
Recommendation: Since GLA expenditures have little benefit to GLA Landowners but significant benefit to the Church by increasing the value of the surrounding 176 acres, and reversion of the lands is dependent on action by the County, I recommend ceasing all maintenance and allowing the lands to revert to Church ownership if or when the County challenges or cancels the Parkland Dedication Agreement. Reversion is not based on any action that can be taken by the Church, other than filing a complaint with the County.
Records Last modified, 1/27/16,
Ownership: GLA 100%, Ownership last modified 11/16/2007
Appraisals: 2015, Land Value $902. Building Value $9,720
Building size 14 x 29 - 409 Sq ft. built 2005
Original lots, 3, 4, 8, 13, 14, 15, 16, 17, 18, 19, 20, 21, 41, 54, 55 and 56 shown on Certificate of Survey 615A were listed on Exhibit B when GLA covenants were recorded in 1982 (R41, 1042, glastonbury.freeforums.net/thread/220/original-1982-glastonbury-covenants), and by Covenant 1.03 were “not subject to or burdened by the covenants. “
Lots 3, 4, 13, 14, 15, 16, 17, 18, 19, 20, and 21, were not listed in Exhibit A or B of covenants recorded in 1997 Covenants (R124, 548), and as “unlisted” lands, they are not burdened by the Covenants or entitled to benefits, which I interpret to include prohibiting the owners use of the roads.
In 2001, the intent appeared to be to use Lot 21 for the soccer fields and recreational development, but changed to current Lot 16A in 2002. Lot 21 was transferred to GLA from Church Universal and Triumphant by Warranty Deed on July 11, 2001 (R161, 215). A Parkland Dedication Agreement between Park County, GLA, and the Church on Lot 21 was executed July 11, 2001 (R161, 001). A Agreement between GLA, Park County, and the Church to exchange Lot 21 for Lot 16A was executed on June 11, 2002.(R174, 814) A General Warranty Deed transferred Lot 21 from GLA to the Church on May 24, 2002. (R174, 904)
The lands developed as the soccer fields were transferred from Church Universal and Triumphant to GLA by Warranty Deed on May 3, 2002 and identified as Lot 16A, of Certificate of Survey 1729, totaling 20.261acres. (R174, 906)
On June 11, 2002 a Parkland Dedication Agreement was signed by Park County, Church Universal and Triumphant, and GLA President. (Doc. 299529)
A Right-of-Way Easement granted a 20 foot wide easement shown in COS 1729 was granted to Park Electric Cooperative on March 14, 2003. (R188, 356)
Certificate of Survey 1729 shows “60 foot wide Private Access and Public Utility Easement” along existing roads of: Sirius Dr., Aries Dr., Capricorn Dr., Jupiter Way, Helios Way, Vesta Lane, Taurus Rd and Borderline Rd. The same Easements shown for roads, or segments not yet built, include: Original Aries Dr. as an arch through green grass area of the soccer fields from junction of Sirius and Aries to junction of Aries and Capricorn; extension of Jupiter Way continuing from present end, nearly diagonally SW to near junction Sirius and Aries. (See attached photo for approximate easement locations within the 20.261 acres.)
Lot 16A is 20.26 acres of GLA land surrounded by 144.2 acres of undeveloped land transferred from Church Universal and Triumphant by Quit Claim Deed to Western Shamballa Inc., a subsidiary or affiliate of Church Universal and Triumphant, on 1/15/2013. (R35, Doc. 374904)
Nearby developments include: Golden Age Village on Lots 3 & 4, served by Sirus Dr., Helios Way, Vesta Lane.
Encumbrances on Lot 16A by the deed or Parkland Dedication Agreement: (the Soccer Fields)
A. Covenants, Easements, and Rights-Of-Way of record.
B. Minerals, Oil, Gas and Coal etc. were reserved to the Church.
C. Lot 16A was identified and transferred through a Certificate of Survey 1729 and Warranty Deed and not a Subdivision dedication that would have brought in County Subdivision regulations.
D. On January 31, 2005, the GLA President signed and recorded a Declaration subjecting and burdening Lot 16A to the GLA Covenants. (R214, 1393)
E. Encumbrances in the Warranty Deed for Lot 16A of Certificate of Survey 1729 lists “ADDITIONAL TERMS AND CONDITIONS” addressing reversion of Lot 16A back to the Church as follows:
1. “Land Use Restrictions. “Grantee is restricted to using the land for community recreation and sports activities. Any other use by Grantee will cause the land to revert to Grantor. Grantee may not subdivide and/or sell portions of the land to generate revenue or for any other purposes.”
GLA covenants reference: hiking, camping, picnicking, horseback riding, cross-country skiing, fishing and other similar recreational activities
Big Sky Covenants reference: Playgrounds, Parks, Tennis courts & tennis building, Health clubs, Swimming Pool & Swimming pool building Skiing & Ski trails. Skeet and Trap, Baseball, Playgrounds, Parks, Basketball courts
2. Unrelated Commercial Activities such as Condominiums, housing developments, stores, restaurants, etc. Nontransferable Title – “Grantee may not bargain, sell, bestow, convey or transfer title of this property to any person or entity without the written consent of the Board of Directors of the Grantor.”
3. Reversion: “Ownership of the Land will revert to Grantor in the event the Commissioners of Park County determine at a later date that this conveyance does not meet the Park County requirements that the Glastonbury Landowners Association Land use Master Plan for North Glastonbury set aside areas for parks and recreation use.”
4. Restated Declaration of Covenants.
5. Water and Mineral Rights; “this deed does not include ….
6. Community of Glastonbury “Community of Glastonbury” is a trade name of Church Universal and Triumphant Inc., a Montana Nonprofit Corporation, its successors and assigns-the Grantor described herein. Grantee has received a Certificate of Registration of Assumed Business Name from the Secretary of state of the State of Montana authorizing the exclusive use of the trade name. Grantee will not infringe upon or use the said Grantor’s trade name in commerce or otherwise without the express permission of the Grantor, its successors and assigns. NOTE: The registration of the Trade Name expired in 2012 and the Board said they would pursue registering it for the GLA.
F. Statements in the Parkland Dedication Agreement that identifies Park County constraints placed on Lot 16A, and who benefits from accepting those constraints are:
1. WHEREAS: transfer of this parcel is expressly for the purpose of providing land for the community recreation and sports activities with the Community of Glastonbury:
2. WHEREAS the property adjoining Parcel No. 16A on COS 1729 on file and of record in Park County, Montana is delineated as Reserved Land and designated as the North Glastonbury Village Center by the Glastonbury Land Use Master Plan (presently in draft form) and:
3. WHEREAS, prior to development of this “Reserved Land” the development plans may be submitted to review and approval as a major subdivision by Park County:
4. THEREFORE, the parties agree as follows: “Park County will accept Parcel No. 16A as satisfying 20.261 acres toward the dedication of parkland as required by the Park County Subdivision Regulations in effect at the time of the proposed development of said “Reserved Land” or any portion thereof and may be submitted for review and approval as a major subdivision development provided the following conditions are met. Note: Park County accepting the 20.261 acres as credit toward future Church Universal and Triumphant recreation land obligations is a significant benefit to the Church, as well as an expensive burden on GLA.
5. Parcel No. 16A is transferred from the Church to the GLA free and clear by warranty deed, subject to the following normal encumbrances:
1. a,b,c,d,e,f = taxes, covenants, easements, minerals, zoning, state and federal laws and regulations
6. The GLA develops solely for community recreation and sports activities
7. The GLA continues to maintain improvements constructed upon this parcel in a condition useful to the community, and constructs additional facilities as such needs may arise within the community and money is raised to fund said construction. Note: GLA has expended funds from general assessments of all Landowners for mowing and watering the soccer fields the last several years, without there being a equitable benefit to Landowners. Approximately $1,500 is in the 2016 Budget for maintaining the building and mowing and watering.
Park County planner, Mr. Inman, advised that if the “reserved lands” are subdivided into lots of less than 5 acres, for the 20.261 acres in the Agreement to be accepted as fulfilling current recreational land requirements for subdivisions, the 20.261 acres must be conveyed to Park County.
If the Church subdivides the “reserved lands” into lots less than 5 acres, GLA may be required to transfer the ownership of the lands to Park County.
Mr. Inman, advised this problem can be avoided if the “reserved lands” in North Glastonbury are not subdivided into lots of 5 acres or less. Regulations do not require a Parkland dedication for subdivisions unless the subdivision establishes lots that are less than 5 acres.
The 5 acre limitation is cited in the Park County Subdivision Regulations 2010, Chapter VI, Design and Improvement, Section P Park Land Dedication, Cash In Lieu, Waivers, Administration, page 96 - 98. www.parkcounty.org/site/pdfs/Pln/SubDivisons/2010%20Regs/JUNE%201-2010%20PARK%20COUNTY%20SUBDIVISION%20REGULATIONS%20-%20FINAL.pdf, and State requirements at: leg.mt.gov/bills/mca/76/3/76-3-621.htm.
Page 96, VI-P Park Land Dedication – Cash in Lieu – Waivers – Administration
B. A park dedication is not required for:
1. Subdivision Lots larger than five acres;
2. Nonresidential Subdivision Lots;
3. Subdivisions in which parcels of land will not be created, other than
Subdivisions that will provide permanent multiple spaces for recreational
camping vehicles, mobile homes, or condominiums; or
4. Subdivisions which will create only one additional parcel.
Photo of landownership
Soccer Field Report
SUMMARY AND RECOMMENDATION
The lands known as the Soccer Fields consist of 20.261 acres owned by GLA and situated in/near the center of approximately 176 acres of undeveloped land owned by Western Shamballa, a subsidiary or affiliate of Church Universal and Triumphant. Approximately 30% of the 20.261 acres was developed as a soccer field, complete with watering system and a concession building of 406 square feet, with 2 restrooms. The restrooms are in the center of the building, making it difficult to remodel for other uses. SUMMARY AND RECOMMENDATION
Competitive soccer matches were held on the fields for several years, but ceased several years ago. The fields have been watered, and mowed every year under a budget of approximately $750. The 2016 GLA budget approves up to $800.00 worth of maintenance on the concession building.
There is a need for a decision about whether or not the lands should be maintained because of the condition of the building, lack of use of the mowed area, and a reversion clause in the Warranty Deed. The reversion of the lands back to the Church depends upon the County Commissioners finding of a violation of the Parkland Dedication Agreement between Park County, GLA and the Church.
The deed GLA holds states “Ownership of the land will revert to the Grantor in the event the Commissioners of Park County, Montana determine at a later date that this conveyance does not meet the Park County requirement that the Glastonbury Landowners Association Land Use Master Plan for North Glastonbury set aside for parks and recreation.” The Land Use Master Plan for North Glastonbury was being developed while GLA was administered by the Church, but, like the plan for South Glastonbury, was never completed. The Glastonbury Land Use Master Plan of 2007 does not address the Soccer Fields.
The decision authority by the Commissioners was restated in the Parkland Dedication Agreement. The Agreement designates that developed recreation is required rather than just wild land recreation in item 3 which states: “The GLA continues to maintain improvements constructed upon this parcel in a condition useful to the community, and constructs additional facilities as such needs may arise within the community and money is raised to fund said construction.”
The Parkland Dedication Agreement states: “THEREFORE, the parties agree as follows;
“Park County will accept Parcel No. 16A as satisfying 20.261 acres toward the dedication of parkland as required by the Park County Subdivision Regulations in effect at the time of the proposed development of said “Reserved Land” or any portion thereof and may be submitted for review and approval as a major subdivision development provided the following conditions are met. The Reserved Land is the 176 acres surrounding the 20.261 acre Soccer Field.
The Agreement benefits the Church because Park County accepted the 20.261 acres as a credit against future recreation land requirements in County regulations, should such be needed when the lands surrounding the soccer fields are developed. The Church receives further ongoing benefits from GLA because GLA covers the costs/expenses of maintaining a recreational site in the center of lands the Church may develop and advertise for sale or lease.
Recommendation: Since GLA expenditures have little benefit to GLA Landowners but significant benefit to the Church by increasing the value of the surrounding 176 acres, and reversion of the lands is dependent on action by the County, I recommend ceasing all maintenance and allowing the lands to revert to Church ownership if or when the County challenges or cancels the Parkland Dedication Agreement. Reversion is not based on any action that can be taken by the Church, other than filing a complaint with the County.
Soccer Field Cadastral Information:
Records Last modified, 1/27/16,
Ownership: GLA 100%, Ownership last modified 11/16/2007
Appraisals: 2015, Land Value $902. Building Value $9,720
Building size 14 x 29 - 409 Sq ft. built 2005
Soccer Field Lands Transfer History:
Note: References R1234, 789 refer to the Park County Records on file in the Clerk and Recorders Office.
Original lots, 3, 4, 8, 13, 14, 15, 16, 17, 18, 19, 20, 21, 41, 54, 55 and 56 shown on Certificate of Survey 615A were listed on Exhibit B when GLA covenants were recorded in 1982 (R41, 1042, glastonbury.freeforums.net/thread/220/original-1982-glastonbury-covenants), and by Covenant 1.03 were “not subject to or burdened by the covenants. “
Lots 3, 4, 13, 14, 15, 16, 17, 18, 19, 20, and 21, were not listed in Exhibit A or B of covenants recorded in 1997 Covenants (R124, 548), and as “unlisted” lands, they are not burdened by the Covenants or entitled to benefits, which I interpret to include prohibiting the owners use of the roads.
In 2001, the intent appeared to be to use Lot 21 for the soccer fields and recreational development, but changed to current Lot 16A in 2002. Lot 21 was transferred to GLA from Church Universal and Triumphant by Warranty Deed on July 11, 2001 (R161, 215). A Parkland Dedication Agreement between Park County, GLA, and the Church on Lot 21 was executed July 11, 2001 (R161, 001). A Agreement between GLA, Park County, and the Church to exchange Lot 21 for Lot 16A was executed on June 11, 2002.(R174, 814) A General Warranty Deed transferred Lot 21 from GLA to the Church on May 24, 2002. (R174, 904)
The lands developed as the soccer fields were transferred from Church Universal and Triumphant to GLA by Warranty Deed on May 3, 2002 and identified as Lot 16A, of Certificate of Survey 1729, totaling 20.261acres. (R174, 906)
On June 11, 2002 a Parkland Dedication Agreement was signed by Park County, Church Universal and Triumphant, and GLA President. (Doc. 299529)
A Right-of-Way Easement granted a 20 foot wide easement shown in COS 1729 was granted to Park Electric Cooperative on March 14, 2003. (R188, 356)
Certificate of Survey 1729 shows “60 foot wide Private Access and Public Utility Easement” along existing roads of: Sirius Dr., Aries Dr., Capricorn Dr., Jupiter Way, Helios Way, Vesta Lane, Taurus Rd and Borderline Rd. The same Easements shown for roads, or segments not yet built, include: Original Aries Dr. as an arch through green grass area of the soccer fields from junction of Sirius and Aries to junction of Aries and Capricorn; extension of Jupiter Way continuing from present end, nearly diagonally SW to near junction Sirius and Aries. (See attached photo for approximate easement locations within the 20.261 acres.)
Lot 16A is 20.26 acres of GLA land surrounded by 144.2 acres of undeveloped land transferred from Church Universal and Triumphant by Quit Claim Deed to Western Shamballa Inc., a subsidiary or affiliate of Church Universal and Triumphant, on 1/15/2013. (R35, Doc. 374904)
Nearby developments include: Golden Age Village on Lots 3 & 4, served by Sirus Dr., Helios Way, Vesta Lane.
Encumbrances on Lot 16A by the deed or Parkland Dedication Agreement: (the Soccer Fields)
A. Covenants, Easements, and Rights-Of-Way of record.
B. Minerals, Oil, Gas and Coal etc. were reserved to the Church.
C. Lot 16A was identified and transferred through a Certificate of Survey 1729 and Warranty Deed and not a Subdivision dedication that would have brought in County Subdivision regulations.
D. On January 31, 2005, the GLA President signed and recorded a Declaration subjecting and burdening Lot 16A to the GLA Covenants. (R214, 1393)
E. Encumbrances in the Warranty Deed for Lot 16A of Certificate of Survey 1729 lists “ADDITIONAL TERMS AND CONDITIONS” addressing reversion of Lot 16A back to the Church as follows:
1. “Land Use Restrictions. “Grantee is restricted to using the land for community recreation and sports activities. Any other use by Grantee will cause the land to revert to Grantor. Grantee may not subdivide and/or sell portions of the land to generate revenue or for any other purposes.”
GLA covenants reference: hiking, camping, picnicking, horseback riding, cross-country skiing, fishing and other similar recreational activities
Big Sky Covenants reference: Playgrounds, Parks, Tennis courts & tennis building, Health clubs, Swimming Pool & Swimming pool building Skiing & Ski trails. Skeet and Trap, Baseball, Playgrounds, Parks, Basketball courts
2. Unrelated Commercial Activities such as Condominiums, housing developments, stores, restaurants, etc. Nontransferable Title – “Grantee may not bargain, sell, bestow, convey or transfer title of this property to any person or entity without the written consent of the Board of Directors of the Grantor.”
3. Reversion: “Ownership of the Land will revert to Grantor in the event the Commissioners of Park County determine at a later date that this conveyance does not meet the Park County requirements that the Glastonbury Landowners Association Land use Master Plan for North Glastonbury set aside areas for parks and recreation use.”
4. Restated Declaration of Covenants.
5. Water and Mineral Rights; “this deed does not include ….
6. Community of Glastonbury “Community of Glastonbury” is a trade name of Church Universal and Triumphant Inc., a Montana Nonprofit Corporation, its successors and assigns-the Grantor described herein. Grantee has received a Certificate of Registration of Assumed Business Name from the Secretary of state of the State of Montana authorizing the exclusive use of the trade name. Grantee will not infringe upon or use the said Grantor’s trade name in commerce or otherwise without the express permission of the Grantor, its successors and assigns. NOTE: The registration of the Trade Name expired in 2012 and the Board said they would pursue registering it for the GLA.
F. Statements in the Parkland Dedication Agreement that identifies Park County constraints placed on Lot 16A, and who benefits from accepting those constraints are:
1. WHEREAS: transfer of this parcel is expressly for the purpose of providing land for the community recreation and sports activities with the Community of Glastonbury:
2. WHEREAS the property adjoining Parcel No. 16A on COS 1729 on file and of record in Park County, Montana is delineated as Reserved Land and designated as the North Glastonbury Village Center by the Glastonbury Land Use Master Plan (presently in draft form) and:
3. WHEREAS, prior to development of this “Reserved Land” the development plans may be submitted to review and approval as a major subdivision by Park County:
4. THEREFORE, the parties agree as follows: “Park County will accept Parcel No. 16A as satisfying 20.261 acres toward the dedication of parkland as required by the Park County Subdivision Regulations in effect at the time of the proposed development of said “Reserved Land” or any portion thereof and may be submitted for review and approval as a major subdivision development provided the following conditions are met. Note: Park County accepting the 20.261 acres as credit toward future Church Universal and Triumphant recreation land obligations is a significant benefit to the Church, as well as an expensive burden on GLA.
5. Parcel No. 16A is transferred from the Church to the GLA free and clear by warranty deed, subject to the following normal encumbrances:
1. a,b,c,d,e,f = taxes, covenants, easements, minerals, zoning, state and federal laws and regulations
6. The GLA develops solely for community recreation and sports activities
7. The GLA continues to maintain improvements constructed upon this parcel in a condition useful to the community, and constructs additional facilities as such needs may arise within the community and money is raised to fund said construction. Note: GLA has expended funds from general assessments of all Landowners for mowing and watering the soccer fields the last several years, without there being a equitable benefit to Landowners. Approximately $1,500 is in the 2016 Budget for maintaining the building and mowing and watering.
Park County planner, Mr. Inman, advised that if the “reserved lands” are subdivided into lots of less than 5 acres, for the 20.261 acres in the Agreement to be accepted as fulfilling current recreational land requirements for subdivisions, the 20.261 acres must be conveyed to Park County.
If the Church subdivides the “reserved lands” into lots less than 5 acres, GLA may be required to transfer the ownership of the lands to Park County.
Mr. Inman, advised this problem can be avoided if the “reserved lands” in North Glastonbury are not subdivided into lots of 5 acres or less. Regulations do not require a Parkland dedication for subdivisions unless the subdivision establishes lots that are less than 5 acres.
The 5 acre limitation is cited in the Park County Subdivision Regulations 2010, Chapter VI, Design and Improvement, Section P Park Land Dedication, Cash In Lieu, Waivers, Administration, page 96 - 98. www.parkcounty.org/site/pdfs/Pln/SubDivisons/2010%20Regs/JUNE%201-2010%20PARK%20COUNTY%20SUBDIVISION%20REGULATIONS%20-%20FINAL.pdf, and State requirements at: leg.mt.gov/bills/mca/76/3/76-3-621.htm.
Page 96, VI-P Park Land Dedication – Cash in Lieu – Waivers – Administration
B. A park dedication is not required for:
1. Subdivision Lots larger than five acres;
2. Nonresidential Subdivision Lots;
3. Subdivisions in which parcels of land will not be created, other than
Subdivisions that will provide permanent multiple spaces for recreational
camping vehicles, mobile homes, or condominiums; or
4. Subdivisions which will create only one additional parcel.
Photo of landownership
Attachments:
