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Spencer County Fiscal Court releases prohibition to allow sale of lots in Silo Farms Phase 2
Summary
Spencer County Fiscal Court voted Feb. 8, 2021, to lift a 2017 prohibition on selling remaining lots in Silo Farms Phase 2 after the prospective purchaser posted a road bond and agreed to complete culvert work following a Prism Engineering hydrology study, subject to county approvals.
Spencer County Fiscal Court voted Feb. 8, 2021, to release a prior prohibition on selling remaining lots in Silo Farms Phase 2, clearing the way for the prospective purchaser to market and convey lots once specified conditions are met.
Judge Executive John Riley called the special meeting to order at 9:04 a.m. Spencer County Clerk Lynn Hesselbrock conducted roll call; Esqs. J. Moody and M. Moody were recorded absent. Francisco Somoza, a partner with SFNP Dev. Ltd. Co., asked the court to release the county's prohibition against sale of lots in Phase 2 and presented an accompanying agreement.
Esq. Brewer moved to release the prohibition against selling lots in Silo Farms Phase 2; Esq. Travis seconded. The court adopted the release by roll-call vote, with all members present recorded as voting “aye” and the two Moody members absent. The motion ordered that the prohibition recorded May 3, 2017 (Deed Book 281, Page 271) be fully released as to Phase 2.
The recorded release specifies that SFNP Dev. Ltd. Co. satisfied a condition of the original prohibition by posting a road bond for the remaining roads in Phase 2. The company agreed to "complete Silo Farms Phase 2 in conformity with the recommendations of a pending hydrology study conducted by Prism Engineering" for the purpose of providing proper hydrological flow in the acquired portion of the development. That work, described in the document as the "Silo Farms Phase 2 Culvert Project," must be performed in conformity with the hydrologic study and as approved by the Spencer County Road Foreman and the Spencer County Engineer.
The release references a prior partial release recorded in Deed Book 294, Page 254, and directs that the county's full release be entered of record. The instrument names the parties as Spencer County Fiscal Court; WCM-LAND, LLC, Series 16 (owner of the Phase 2 lots); and SFNP Dev. Ltd. Co. (prospective purchaser). The signed record includes signature lines and notarizations dated Feb. 8, 2021.
The release form was prepared by attorney William F. Rigsby of Irvin Rigsby PLC and attested by Spencer County Clerk Lynn Hesselbrock. The court's action removes the prior contractual prohibition on sales in Phase 2 but conditions completion of subdivision work on the pending hydrology study and county engineering approval before, as stated in the release, ensuring proper hydrological flow and culvert installation.
