Farquhar Middle School "deal" before Planning Board Feb 20, 2014

Note the Farquhar Middle School land "swap" is no longer a swap. MCPS will own both pieces of property. 

Planning Board Agenda: 
A. Mandatory Referral review of land acquisition and change in use. MCPS is acquiring approximately 17 acres of parkland on Batchellors Forest Road in Olney located adjacent to the current school site to redevelop Farquhar Middle School, which will be combined with the 18 acre site currently housing the school. The combined 35 acres will be developed for use as a school and a park. 
Staff Recommendation: Approval 
B. Release of Rural Open Space Easement granted to M-NCPPC by Pulte Home Corporation on approximately 17 acres of land dedicated to M-NCPPC as parkland as a condition of Batchellors Forest Site Plan No. 820080190/A located on Batchellors Forest Road in Olney adjacent to the Farquhar Middle School. 
Staff Recommendation: Approval with Conditions

C. Abandonment of Deed of Dedication granted by Pulte Home Corporation to M-NCPPC on approximately 17 acres of land as parkland as a condition of Batchellors Forest Site Plan No. 820080190/A located on Batchellors Forest Road in Olney adjacent to the Farquhar Middle School in exchange for Perpetual Use Easement to be granted by MCPS to M-NCPPC over 18 acre site currently housing the adjoining Farquhar Middle School.
Staff Recommendation: Approval with Conditions

http://www.montgomeryplanningboard.org/agenda/2014/documents/FinalStaffReportFarquharMiddleSchool_002.pdf

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From the Planning Board memorandum, here is all the legal work that is going to need to take place for this MCPS "deal" to be completed:

Implementing this complex arrangement requires the following actions, some of which are part of this review before the Board, and some that require the Board’s supplemental review as the proposed development moves forward: 

1. MCPS must acquire by eminent domain the underlying fee to the 17 acre parkland site that Pulte Homes dedicated to M-NCPPC as a condition of its development approvals for the Batchellors Forest subdivision; 

2. M-NCPPC must abandon the dedication; 

3. M-NCPPC must release the Rural Open Space (“ROS”) Easement that Pulte Homes granted to it as a condition of its development approvals for the Batchellors Forest subdivision based on the Release of ROS Easement Policy approved by the Board on May 9, 2013; 

4. MCPS must grant both a Perpetual Use Easement and an ROS Easement to M-NCPPC over the existing school site as consideration for the abandonment and the release; 

5. MCPS and M-NCPPC must enter into a Joint Use Agreement to establish the terms and conditions of joint operations for the new park site, specifically access and maintenance of jointly used facilities; and 

6. MPCS must construct both the new school facilities and the interim park: 

a. consistent with the concept plan submitted with this mandatory referral, and 

b. consistent with the bid documents for such improvements as approved by the 

Planning Board, as the Board will review in a later mandatory referral for 

construction of the school and interim park.