COUNTY OF ALBEMARLE
Daily Property License Agreement – Crozet Park to Lickinghole Greenway
Request to approve temporary license agreement with private property owner allowing a public greenway trail.
Tucker, White, Kamptner, Mullaney, Mahon
LEGAL REVIEW: Yes
October 6, 2004
ACTION: X INFORMATION:
One of the seven recommendations from the Crozet Master Plan for the development of the Crozet – East area is to establish a greenway trail from Lickinghole Basin to Crozet Park and downtown. The recommended route for this trail is through a portion of TMP 56-57B which is owned by the Daily family. The Parks and Recreation Department is seeking approval of an agreement to allow a public access trail though this property. Concurrently with this request the Parks and Recreation Department is seeking approval of an easement agreement to establish the Lickinghole Basin property as a County park and a similar license agreement on an adjoining property owned by Route 240 Holdings LLC. Once these three agreements have been finalized and an existing outstanding proffer with Western Ridge is executed, an uninterrupted public greenway trail from Crozet Park to Lickinghole Basin can be established.
Goal 2.2: Protect and/or preserve the County’s natural resources.
Goal 3.3: Develop and implement policies that address the County’s growth and urbanization while continuing to enhance factors that contribute to the quality of life in the County.
Goal 4.2: Fund County services in a fair, efficient manner and improve needed public facilities and infrastructure.
This property is strategically located adjacent to Crozet Park and the 2.19 acre parcel the County purchased from the Crozet Park Board in 2003. (See attached map) The primary reason the County purchased this small parcel in 2003 was to preserve this connection to the Daily property for the future greenway. Currently the owners of the property are considering various development options and are unwilling to offer a permanent contribution to the greenway at this time. This license agreement will serve as a temporary agreement for a public access greenway trail. Since the trail alignment is along the existing sewer line easement, it is unlikely that any future development would change the alignment. However since this is a temporary agreement, this section of the trail will be established and maintained as a Class B trail with minimal improvements, until such time that a permanent arrangement is agreed upon.
A draft of the license agreement is attached (Attachment A). The license agreement allows the County to establish trails and related improvements within a 30 food wide greenway across the property; to maintain the trail, the improvements, and vegetation within the greenway; and to open the greenway to the public for walking, jogging and other non-motorized activities. The term of the license is one year, with an annual automatic one year renewal unless it is otherwise terminated. If the license is terminated, the County will be able to remove its improvements. Some minor terms of the license agreement still need to be finalized.
Staff recommends that the Board approve the proposed license agreement and authorize the County Executive to sign the agreement on behalf of the County after the agreement has been approved by the County Attorney with any necessary changes.
View Draft Agreement
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