The northern end of the River Run subdivision is shown, along with the school property and some abutting properties. The green shaded area is the common area parcel that is in dispute. The red-striped areas are the two 14-acre parcels that were swapped in 1998 and rezoned in 1999. The red-striped areas were generated by the computer, based upon the legal description of the property provided for the rezoning. As you can see, the bulk of the common area was owned by Crossmann even before the land swap. The little spike on the north side of the common area was transferred to Crossmann due to the land swap.
At this point it is clear to me that this common area is owned by the River Run HOA and not the school district. If the district continues to make claims on its ownership, then it needs to prove the ascertain. But, I believe they are simply mistaken.
[August 31, 2010 - edited to add - in speaking with a neighbor in this area, it is clear that the property being discussed is not this 1.5 acre common area. Rather it is a 5 or more acre area to the north that lies between the homes in River Run and a creek or stream that runs through the school property. Why the school district thinks that this is linked to the land swap is not clear at all, as this property would have been zoned for school use and owned by the district well before, during, and after the swap. In addition, the district could not sell or transfer for free, any property it owned unless two independent appraisals determined its value at zero dollars. It is difficult to imagine that any valid appraisal would determine that a 5 plus acre parcel, with frontage on a busy street, is zero. Nor, it is clear that the district could preselect the buyer of such a property. Below is a map of the area. The 5 acre parcel is the land laying between the homes, which I highlighted with a red line, and the blue line that denotes a stream.
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