COUNTY OF ALBEMARLE
Route 240 Holdings, LLC 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 56-95 which is owned by Route 240 Holdings, LLC. The Parks and Recreation Department is seeking approval of an agreement to allow a public access trail through 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 the Daily family. 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 located between the Daily property and the Western Ridge development open space area which has been proffered to the County for the greenway trail. (See attached map) The Daily property is adjacent to Crozet Park and the Western Ridge property is adjacent to Lickinghole Basin. This property is currently under development review. A permanent agreement for the greenway trail is anticipated during the formal review and approval process. This license agreement will serve as a temporary agreement for a public access greenway trail during the interim. This section of 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.
Attachment A - Draft License Agreement
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