Note: This story has been edited to correct information regarding restrictive use covenants.

By Rebecca Rider
rebecca.rider@salisburypost.com

SALISBURY — Progress on acquiring a parcel of land for a consolidated elementary school has run into a temporary roadblock. The Rowan-Salisbury Board of Education’s offer to purchase a 40-acre parcel of land on Foster Road was rejected by the seller, according to an e-mail attached to the board’s online agenda.

In an e-mail to Josh Wagner, Sean Walker, an attorney helping negotiate the transaction on behalf of the board, said that the problem arose not from the offer itself, but from the specific tract of land the board wished to purchase. According to Rowan County tax records, the seller, Frank Hall Farm Ltd. Partnership Legal, has listed 113.23 acres for sale on Foster Road

Originally, the SfL+a Architects recommended a 40-acre parcel fronting Foster Road for the school grounds, but Walker said the seller objected to the way it would split up the remaining property.

“The property owners have the entire tract on the market, but have been selling portions in smaller tracts to purchasers in a loosely configured farm-type subdivision,” Walker writes. “In addition to selling a portion to the school board, the owners desire to also sell the remainder of the entire tract to other buyers. Their objection to the location as we have proposed is that it creates an awkwardly shaped residual tract . . . they believe that this will render the remaining part of the tract difficult to market to buyers.”

The sellers recommended two alternative tracts between 40 and 60 acres, but Walker notes that the parcels are “problematic from a design perspective.”

One of the proposed alternatives, attached to the board’s agenda, is a long, narrow tract on the north end of the property. SfL+a’s original suggestion for a parcel was a wide tract along the property’s front. Assistant Superintendent Anthony Vann said that the alternative tracts did not offer enough room for the original layout of the school. The alternative tracts also have little to no road frontage, Vann said, which would make vehicle access difficult.

According to Walker, there are two other options. The board could purchase the entire nearly 114-acre tract which would “substantially increase” the property cost. The property has a market value of $600,000 according to county tax records. A notice by the seller advertises up to 139 acres for sale, available at $6,500 per acre if the whole plot is purchased. The 40-acre plot the board voted on was put up for sale for $300,000.

Building the consolidated elementary school on Foster Road was the most expensive of the board’s three options, with a final estimated price tag of $2.1 million. The site also carries recurring annual costs of up to $125,000 for the life of the school. When the parcel was voted through at a July 18 called meeting, individual board members expressed their desire to see a neutral site between the Cleveland and Woodleaf communities.

Other properties considered were the site of the current Cleveland Elementary school, and a plot at the intersection of N.C. 801 and Godbey Road, which has drawn community concern due to its proximity to Southern Power.

Walker also noted a third option: eminent domain.

“That avenue would not be the most expedient or streamlined mode of acquisition,” Walker wrote, “but it is an option provided by law.”

According to Walker, the property owners have also requested that the board pay recapture taxes on the property and that the new school be named after a family member.

Walker also notes that the property has restrictive use covenants that apply  if the land is used for residential or farming purposes.

“My opinion is that these restrictions do not preclude or prevent this use of this property for a public school,” Walker wrote. “But, the board should be aware that some of the owners who do own property subject to these restrictions have voiced objections concerning the location of the school to the seller. I understand those concerns are related to the possibility of increased vehicle traffic.”

The e-mail notes that Walker and Vann will need additional direction before they can proceed with negotiations.

“I hope this will give us an opportunity to walk away from Foster Road,” Board Chair Josh Wagner said.

Wagner voted against the property at the July 18 meeting.

The board will discuss the property at its Monday work session. The meeting will be held at 1 p.m. in the Wallace Educational Forum Board Room at 500 N. Main St.

Contact reporter Rebecca Rider at 704-797-4264.