Park still on tap for Cedarwood Subdivision

Posted 11/7/19

Residents of the Cedarwood Subdivision in the western part of Powell received assurances from city leaders on Monday that they will get a park one day.

When the subdivision was first annexed …

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Park still on tap for Cedarwood Subdivision

Posted

Residents of the Cedarwood Subdivision in the western part of Powell received assurances from city leaders on Monday that they will get a park one day.

When the subdivision was first annexed into the city years ago, developers Mary Lou and Brad Cummings of The Rosewood Corporation gave 6 percent of the annexed land to the city — a total of 2.04 acres — for a future park.

However, questions recently arose as to whether the land was ever deeded over to the city — and the Cummings asked if a new agreement could be made in which their company would pay a 10 percent fee instead of granting the land.

But that idea drew objections from property owners in the subdivision.

Several residents of the Cedarwood neighborhood filled the council chambers Monday to present a petition demanding the city maintain ownership of the land; it had been granted as part of a final plat agreement with Rosewood Corp for another phase of development in the neighborhood.

As it turned out, state law effectively ensures that the Cedarwood residents will get to keep their park land. Assistant City Attorney Scott Kath explained that, under the law, the plat agreement functioned as a deed and so the city was the owner of the 2-acre property, even absent any record of a deed.

The city cannot repurpose or sell the land for 10 years, and since the final plat was completed in late 2013, the land must remain in city hands until at least 2023. However, the city doesn’t currently have any funds set aside to develop the park.

Cedarwood resident Donald Seagreaves, who spearheaded the petition, thanked City Administrator Zack Thorington on Monday for making a personal visit to discuss the residents’ concerns and assure him the park would be available.

Seagreaves said 90 percent of the neighborhood’s residents signed the petition.

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