Departments of Utilities, Public Works, Parks and Recreation
Reference: Conservation Easement Amendment
To: Mayor Gregory Mills and Members of City Council
Through: Michael P. Martinez, City Manager
Prepared By: Alicia Calderón, City Attorney
Date Prepared: March 24, 2025
PURPOSE
To approve a resolution amending the Wagner-Mayhew conservation easement for necessary right-of-way and public infrastructure, including regional drainage way, related to the widening of Sable Boulevard.
BACKGROUND
On February 21, 2023, the City Council approved the purchase of a parcel of real property known as “Wagner-Mayhew” and accepted a conservation easement on the property. This property may not be developed and is part of the regional vision for the preservation of agricultural land in the Historic Splendid Valley. The City worked with Adams County and The Conservation Fund to negotiate the purchase of the property and to preserve the property for agricultural use.
On April 13, 2023, a Deed of Conservation Easement was granted and the Conservation Fund conveyed the property, subject to the Conservation Easement, to the City of Brighton. The Conservation Easement protects the land for agricultural and open space purposes. All development rights that would damage the Conservation Easement purposes are prohibited. However, the Easement contains an exception for the future right-of-way to accommodate widening and improvement of Sable Boulevard and a regional drainage way to the west of the future road.
The Easement contemplates an amendment as long as it is consistent with the Conservation Values and Purpose, does not affect the restrictions contained in the Deed, complies with the Board’s approval and receives the Board’s prior written approval. The Board referenced is the Great Outdoors Colorado Board (“GOCO”). Prior to submitting the amendment to GOCO, the City Council must pass a resolution supporting the amendment. Adams County will have to approve the change after the Great Outdoors Colorado approves an amendment to the Easement to except the portion of the property that will be needed for the future widening, drainage channel, and underground utility infrastructure.
At this time, underground utility infrastructure needs to be installed in the future right-of-way and the concept design of Sable Boulevard is under discussion. The City needs to begin the process of amending the Conservation Easement and removing the parcel of land needed for the future right-of-way, drainage channel, and underground infrastructure from the Conservation Easement.
CRITERIA BY WHICH COUNCIL MUST CONSIDER THE ITEM
N/A
FINANCIAL IMPACT
The Easement does require payment for the land removed from the restrictions and this payment will be within the 2025 approved budget.
STAFF RECOMMENDATION
Staff recommend approval of resolution.
OPTIONS FOR COUNCIL CONSIDERATION
City Council may adopt the resolution, request modifications, or deny the approval of the resolution.
ATTACHMENTS
Resolution