Agenda Date: 02/06/2018
Subject:
Title
A resolution vacating an equestrian trail easement at 502 Shadycroft Lane.
Body
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Presented By: |
Anastasia Urban, Development Services Manager and Lena McClelland, Assistant City Attorney |
POLICY QUESTION:
Does city council support a resolution to vacate an existing equestrian easement located on 502 Shadycroft Lane?
BACKGROUND:
The property owners, Jeffrey and Jeana Kelly, of 602 Shadycroft Lane (Lot 5, Block 1 of the Shadycroft Lane Resub of Lots 3, 5 & 7), contacted city staff requesting that an existing equestrian easement be vacated from their property . The existing easement does not provide direct access to local or regional trails, and essentially only serves as a limited connection between Shadycroft Lane and Front Range Road through private property. The Kelley’s wish to vacate the easement to terminate the use of this connection that runs through their side and rear yard.
As the existing 10-foot easement also straddles the property line to 502 Shadycroft Lane to the west, the property owner Jim Ludvik, is also requesting vacation of the equestrian easement on his property.
The Shadycroft Lane easement connects to Front Range Road through 580 Front Range Road to the north. The Kelley’s attorney reached out to the northern property owner to discuss the proposed vacation of the easement. City staff also followed-up with a letter to that property owner to initiate further discussion and gauge interest in vacation of the easement. If the property owner so desires, this easement vacation would be presented at a future city council meeting.
An exhibit depicting the location of the existing equestrian easements and proposed vacation is provided below:
PRIOR ACTIONS OR DISCUSSIONS:
The Shadycroft Lane PUD was recorded on September 26, 1978 with an equestrian easement initially located along the westerly 10 feet of Lot 3 (702 Shadycroft Lane). In a subsequent resubdivision in 1980, the equestrian easement was relocated to its current location, between Lots 5 and 7 (602 Shadycroft Lane and 502 Shadycroft Lane). The easement to the north, located on 580 Front Range Road, was dedicated through a separate easement document in 1978. Combined, these easements provided a connection between Shadycroft Lane and Front Range Road.
STAFF ANALYSIS:
The existing easement does not provide direct access to local or regional trails, such as the High Line Canal Trail. While locally, this easement has provided for a limited connection between Shadycroft Lane and Front Range Road, vacation of the easement would not impact regional trail use. Additionally, both the Shadycroft Lane easement and the separate Mountain Rangeview Third Filing easement language refer to the subject easement as “Equestrian Easement.” While there are some properties with horses in the general area, the majority of properties have developed as large residential lots, with fewer provisions for horses. The existing easement is currently being used by pedestrians, so the original intent seems to have been diminished. Additionally, since the easement does not provide for regional trail connectivity, there is no prominent signage, nor a clear connection to the street.
OPTIONS/ALTERNATIVES:
Should the easement not be vacated, it is anticipated that the affected property owners would seek further discussion and interpretation of the original easement intent for equestrians in order to limit the pedestrian activity currently occurring on their properties.
FISCAL IMPACTS:
There is no financial impact to vacating the easement.
STAFF RECOMMENDATION:
Staff recommends approval of the resolution to vacate the existing equestrian easement located on 502 Shadycroft Lane.
PROPOSED MOTION:
Proposed Motion
I move to approve the resolution to vacate the existing equestrian easement located on 502 Shadycroft Lane.