03.13.13 OSBT Red Lion with Attachments
CITY OF BOULDER
OPEN SPACE BOARD OF TRUSTEES AGENDA ITEM
MEETING DATE: March 13, 2013
AGENDA TITLE
: Consideration of motions:
1) to accept Special Warranty Deeds for approximately 8,200 square feet of land
from the Red Lion Inn and Chris and Heidi Mueller abutting Chapman Drive as an
addition to the Bonnie Schnell Open Space land; and
2) to approve and recommend a grant of a perpetual access easement along Chapman
Drive to the Red Lion Inn, Chris and Heidi Mueller, Bonnie L. Schnell Revocable Trust
and Carol J. Loran Trust; and
3) to approve and recommend a grant of an easement for an existing underground
water service line across the Bonnie Schnell Open Space land for the benefit of the Red
Lion Inn; and
4) to approve and recommend the grant of a nonexclusive license to use Chapman
Drive as an emergency access; and
5) to approve and recommend a land exchange between Open Space and Mountain
Parks and Chris and Heidi Mueller that would dispose of 1,000 square feet of the Bonnie
Schnell Open Space land in exchange for 1,000 square feet from the Mueller parcel.
Items number 2, 3 and 5 above are disposals of interests in Open Space Lands pursuant to
City Charter Section 177.
PRESENTER/S :
Michael Patton, Director, Open Space and Mountain Parks
Jim Schmidt, Property Agent
EXECUTIVE SUMMARY
The acquisition of the 119-acre Bonnie Schnell/Chapman Drive property was closed on
September 12, 2012 pursuant to approvals by the Open Space Board of Trustees (OSBT)
(May, 16, 2011) and City Council (April 6, 2011). Prior to closing, the city entered into a
Cooperative Agreement for Bridge Project Funding and Construction with the Red Lion
Inn and the Muellers individually as well as a Permanent Easement Agreement with all
the property owners who gained access to their respective lands by crossing Boulder
Creek at the bridge which straddled the Red Lion Inn and Bonnie Schnell properties.
These pre-closing agreements require Open Space and Mountain Parks (OSMP) to
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formalize this permanent access easement agreement and grant an easement to the Red
Lion Inn for its existing underground waterline which supplies the Red Lion with treated
city water.
The Bridge Project Funding agreement also requires that the Red Lion Inn and the
Muellers convey to the city all land on which the new bridge is situated as well as any
land on which the realigned Chapman Drive is situated. The acceptance of the Special
Warranty Deeds completes that conveyance. This land transfer can only be accomplished
pursuant to a lot line adjustment process which requires application and approval by the
Board of County Commissioners.
As part of the agreement entered into with the Bonnie Schnell Trust prior to the closing
of that acquisition, the city agreed to seek OSBT and Council approval to provide a
nonexclusive license to Bonnie Schnell, Carol Loran, Chris and Heidi Mueller and the
Red Lion Inn for emergency access along Chapman Drive if and only if the new Red
Lion bridge is impassable. The granting of said nonexclusive easement will fulfill that
obligation.
Bonnie Schnell Open Space land is sought to fulfill an old county boundary line
adjustment process (Docket SE-86-33) wherein the Muell
county approval to exchange 1,000 square foot triangular parcels in order to have the
outdoor swimming pool and decking, which the Muellers had constructed on their land,
fall within the set-back requirements per the Boulder County zoning regulations. The
county gave its approval to the land exchange, but the Muellers and Bonnie Schnell never
actually made or recorded deeds to affect the approved exchange. This matter was
discovered when staff submitted an application to the county for the Chapman Road
boundary line adjustment between the city and Red Lion/Muellers. The county has
conditioned approval of that application upon the parties recording the deeds
contemplated and approved in the 1986 application.
STAFF RECOMMENDATION
Staff recommends that the Open Space Board of Trustees approve motions:
1)Recommending that the City Council accept conveyance of 8,207 square feet of
land for Open Space purposes from the Red Lion Inn and Chris and Heidi Mueller
on which the re-aligned Chapman Drive is located.
2)Approving the Disposal of an interest in Open Space land in the form of a grant of
a perpetual access easement across the new bridge and along Chapman Drive to
the Red Lion Inn,
Chris and Heidi Mueller, Bonnie L. Schnell Revocable Trust and
Carol J. Loran Trust; and further recommend council approval of said Disposal.
3)
Approving the Disposal of an interest in Open Space land in the form of a grant of a
utility easement for an existing underground treated water line; and further
recommends that council approves said Disposal.
4)Approving the grant of a nonexclusive license to use Chapman Drive as an
emergency access; and further recommend that council approves said grant.
Agenda Item 5 Page 2
5) Approving a land exchange between OSMP and Chris & Heidi Mueller that
would dispose of 1,000 square feet of the Bonnie Schnell Open Space land in
that council approve said exchange.
COMMUNITY SUSTAINABILITY ASSESSMENTS AND IMPACTS
Environmental: Open Space and Mountain Parks is a significant community-
supported program that is recognized worldwide as a leader in preservation of
open space lands contributing to the environmental sustainability goal of the City
Council. The department's land acquisition, land and resource management and
visitor service programs help preserve and protect the Open Space values of these
lands.
Economic: Open Space and Mountain Parks contributes to the sustainability goals
of the city as it provides the context for the diverse and vibrant economic system
that sustains services for residents. The land system and the quality of life it
represents attract visitors and help businesses to recruit and retain quality
employees.
Social: Because Open Space and Mountain Parks lands, facilities and programs
are equally accessible to all members of the community, they help to support the
city's community sustainability goal because all residents "who live in Boulder
can feel a part of and thrive in" this aspect of their community.
OTHER IMPACTS
Fiscal The approval of the recommended motions herein has no fiscal impact on
the Open Space budget.
Staff time The acquisition of the Bonnie Schnell property and the approvals
sought in this memo are part of the normal work plan for the property agent.
PUBLIC COMMENT AND PROCESS
This item is being heard as part of this public meeting advertised in the Daily Camera on
March 10, 2013. A Notice of Disposal of Open Space Lands was published in the Daily
Camera on March 1 and 2, 2013 pursuant to Section 177 of the City Charter.
ANALYSIS
1. Land Being Conveyed to the City
The resolution of the issues surrounding the closing of the Bonnie Schnell purchase and
the rebuilding of the Chapman Drive/Red Lion bridge resulted in the city entering into
agreements with the various landowners who gain access to their properties by crossing
Boulder Creek on the old bridge (which straddled property owned by Bonnie Schnell and
the Red Lion Inn). This old bridge had been destroyed as the result of a flood event on
Boulder Creek in June of 2010. The agreements involved all landowners granting
reciprocal easements to access their respective properties over Chapman Drive, the
temporary bridge, the new bridge and the realigned Chapman Drive which accommodates
constructed (the new bridge construction was completed on January 7, 2013) a new legal
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description of the centerline of the new bridge and realigned Chapman Drive would be
made and that the Red Lion Inn and the Muellers would individually agree to deed any
portions of their respective properties that lay within the new alignment to the City of
Boulder; the city would then have unquestioned ownership of the bridge and roadway
(Chapman Drive). In order to effectuate this agreement, Boulder County needs to
approve the necessary boundary line adjustments and the City of Boulder needs to
formally accept ownership of the new property. The land being conveyed is a total of
8,207 square feet (about one-fifth of an acre).
2. Grant of Perpetual Access Easements
The Contract to Buy and Sell the Schnell property required the city, after purchasing the
property, to convey easements over the property to the Schnell Trust and the Loran Trust.
Thus this matter is being noticed and processed as a formal Disposal pursuant to Charter
Section 177. The easement agreement gives the Red Lion Inn, the Muellers, the Schnell
Trust, the Loran Trust and the city Open Space the right to access their properties by
crossing the new bridge and driving on the realigned Chapman Drive. No vehicle access
is allowed beyond the Loran residence driveway (about 300 yards up Chapman Drive).
3. Grant of Utility Easement for Water Line
Prior to the c
underground water pipeline across roughly 200 linear feet of the Schnell property to
bring city water to the restaurant. The supply of city water to the Red Lion is not a new
event and has been ongoing for 40 or 50 years. There was never an easement for this
waterline, although Open Space staff was aware of its existence. As part of the Bridge
Funding Agreement between the Red Lion and the city, Open Space agreed to seek
OSBT and council approval to formalize this usage in an easement agreement.
4. Grant of an Emergency Access License
Paragraph 7 of the June 1, 2012 Perpetual Nonexclusive Easement Agreement for Ingress
and Egress grants to Schnell, Mueller, Red Lion and Loran a nonexclusive license to use
Chapman Drive as an emergency ingress/egress route as follows:
7. Chapman Drive. Except for official City Open Space, safety or
governmental purposes, no public motor vehicle access will be allowed on
Chapman Drive above a point about 50 feet up-hill (Southeast) of the
trailhead parking area. The City agrees to install a gate operated via
remote control or passcode at that point restricting access to Chapman
Drive. City will provide remote controls or passcodes to the other
Beneficiaries to exercise their rights under this Easement. In addition to
any other rights conveyed in this Agreement, the Beneficiaries, but not
patrons of the Red Lion Inn, shall, under §177 of the Boulder Home Rule
Charter, have a nonexclusivc license to use Chapman Drive as an
emergency ingress/egress route to and from their respective Properties
only when the relocated Red Lion Bridge is impassable.
Under Charter §171, the department has authority to "grant nonexclusive licenses",
"subject to the limitations in section 175." Section 175 states, in pertinent part "The
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[open space] Board [of truShall make recommendations concerning the
grant or denial of any nonexclusive license
1
(emphasis added) The director requests that the Board grant a nonexclusive license to
implement Paragraph 7 of the Perpetual Nonexclusive Easement Agreement for Ingress
and Egress.
5. Land Exchange
In 1986 the Muellers and Bonnie Schnell made an application to Boulder County for a
boundary line adjustment that sought approval for the exchange of 1,000 square feet of
their respective lands. This boundary line adjustment was sought in order for the
ce with the county
set-back requirements. The application was approved by the Board of County
Commissioners on Feb. 12, 1987 (County Resolution 87-44). The applicants however
failed to follow through with the post-approval requirement, to wit: the making and
recording of deeds to affect the newly approved boundary line. The current application
with Boulder County for the boundary line adjustment connected with the realigned
Chapman Drive has triggered the county to investigate this earlier boundary line
adjustment resulting in the county now requiring that as a condition of the new approval,
the earlier approval be memorialized with appropriate deeds. The 1,000 square feet of
land owned by Bonnie Schnell is now owned by the City of Boulder OSMP, thus to
effectuate this land exchange, Open Space is seeking the Disposal of the 1,000 square
feet of land from the recently-acquired Bonnie Schnell lands. The Muellers will likewise
be conveying 1,000 square feet of their land to the city which will become part of the
Bonnie Schnell Open Space land.
Submitted by:
__________________________
Michael Patton, Director
__________________________
Jim Schmidt, Property Agent
ATTACHMENTS:
A. Vicinity Map
B. Location Map
1
§§2-3-9 and 2-2- substantially mirror the pertinent Charter
provisions
(emphasis added)
Agenda Item 5 Page 5
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