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| "Kum Ba Ya" easement east to Forsythe Road from Rose residence. |
After many miscues, meetings and negotiations regarding the TanStone Development on Forsythe Road, a little “kum bay ya” paved the way for the city to “ease” into the final approval of a Development Agreement with TanStone Group LLC (Agreement), the developers of the project. When the final development agreement was presented and approved at the May 24 meeting of the Branson Board of Aldermen (Board), on its first of two required readings, it was clear that the board was concerned about an access easement issue regarding the property of Dr. Pat Rose.
The second and final reading of the agreement was scheduled for the Board’s June 9 meeting as part of the Consent Agenda. Alderwoman Sandra Williams requested its removal from the Consent Agenda which opened the way for additional public and board input on the issue.
Stephen Bradford, the attorney representing Dr. Rose, said, “I am here to inform the board that a resolution has been reached between the parties and they do have an agreement concerning access and easement that has been executed. We are ready to sing ‘Kum Ba Ya.”
Bradford pointed out that the access road involved in the easement agreement will be designed and drawn specifically to a drawing by the engineering firm. Using a copy of the drawing, Branford explained that the easement starts at the end or Rose’s current driveway and heads east in a relatively straight defined manner toward the realigned Forsythe Road. He pointed out that it will be bermed and elevated.
Alderwoman Sandra William asked Chris J. DeJohn, representing the developer, whether or not there would be any problem indicating the easement location etc. on the final plat that would be submitted to the city? DeJohn replied, “Nope, and as part of our agreement we are going to record it prior to the final plat as far as the deeding of the easement.” Williams asked if there has been a timeline established for the building of the easement and DeJohn replied that there had. He did not state what that time line was nor did Williams press for a specific answer.
Exhibit D to the Agreement entitled “Estimated Timeline” does not mention the Pat Rose easement. It does, however indicate that Forsythe Road will be open to traffic by Sep. 15 and that the entire road portion of the project, including the Roark Valley Road interchange will be completed by the Spring of 2009.
The Board’s final approval of the Agreement at its June 9 meeting also included approval of the attached cooperative agreements between the city, TanStone, and the TanStone Development’s related Community Improvement District (CID) and Transportation Development District (TDD). The cooperative agreements, with their associated tax revenues, will provide the primary source of the revenues being used to pay for Forsythe Road and, possibly, some or all of the city’s costs for the Roark Valley Road improvements.
As reported previously, the Agreement will require TanStone to fund and construct both Forsythe Road and the Roark Valley Road improvements with the city reimbursing TanStone’s cost for the Roark Valley Road improvements, including financing costs, up to a maximum of the $1,908,610 that it is estimated the improvements will cost. The reimbursement will take place over a period of three years at a cost of $636,204 during each of the Fiscal Years 2008, 2009, and 20l0. In order to accommodate the 2008 payment, an amendment to the city’s 2008 budget is part of the ordinance. The agreement also provides that if the actual cost of the improvement is lower than the $1,908,610 estimated cost that the city will pay the lower amount.
The agreement also provides the possibility that the CID and TDD sales taxes collected within the development could also be used to reimburse the city for some or all of the costs involved with the Roark Valley Road improvements. That provision will only become operational after TanStone has received reimbursement for the initial $3,500,000 in project costs involved with the rebuilding of Forsythe Road and its other authorized public improvement costs related to the development.
Reprinted with permission of the Tri-Lakes Tribune, a free newspaper published and distributed three times weekly, Sunday, Wednesday and Friday. Please call 417-336-NEWS (6397) for classified and display advertising opportunities.
