ANACONDA-CRACKERVILLE GREEN WAY TRAIL EASEMENTS

Transcription

1 ANACONDA-CRACKERVILLE GREEN WAY TRAIL EASEMENTS

2 CONTENTS 01. Contents 02. Project History 03. Who is Involved? 03. What is a Trail Easement? 04. What About My Property Rights? 04. Who Will Maintain the ACG? 04. Will My Family, Livestock, and Property be Safe? 04. How Will the ACG Benefit Me and My Family? 06. Contact Information

3 02 PROPERTY EASEMENTS The Anaconda-Crackerville Greenway establishes a continuous trail system that unites the communities of Butte, Rocker, Opportunity, Warm Springs, Fairmont, Crackerville, and Anaconda. The Anaconda-Crackerville Greenway (ACG) is a multi-use, nonmotorized recreational trail loosely following the old Yellow Ditch, a mining flume of the Anaconda Mining Company in the 1900s that ran from the Smelter operations east toward Silver Bow Creek. The Yellow Ditch Trail, now the Anaconda-Crackerville Greenway, was devised in the late 1990s as a remediation strategy between Atlantic Richfield Company and Anaconda-Deer Lodge County in order to provide Anaconda with a connection to the regional Greenway Service District trail. The trail was designed to provide three major functions as: 1. a historical and recreational outlet for lands that had been damaged and branded with restricted access due to historical mining activities; 2. a connection and alternative transportation route to the neighborhoods of Crackerville and Fairmont that lay outside the city limits of Anaconda; and 3. a connection between Anaconda and the regional Greenway Service District trail running 26 miles from Butte to Warm Springs along Silver Bow Creek, in order to promote and capture economic benefits stemming from the potential recreational and heritage tourism of The Montana Copperway.

4 The original route was included in the 2010 Anaconda-Deer Lodge County Parks and Trails Master Plan as Trail U. Original remediation designs included the construction of a recreational trail following the Yellow Ditch. However, Atlantic Richfield Company altered these designs and began remedial efforts for the ditch in order to impose higher standards for human and environmental health. Due to the historical and local and regional significance of this trail, the Anaconda Trail Society with support from the Anaconda Local Development Company (ALDC) has been working to ensure that the opportunities presented by the Yellow Ditch trail are not lost. As a result, the original trail route was revised to utilize existing public roads and rights-of-way, and to respect property owners. By diverting from the actual Yellow Ditch, the revised trail route follows approximately 11 miles of property boundaries and thereby avoids transection of private property as is done by the Yellow Ditch. The route also encompasses scenic views as well as historic homestead and mining remnants, to which there is presently no public access. In order to better reflect the current reality of this new proposed route, it was decided to refer to the Yellow Ditch trail as the Anaconda-Crackerville Greenway (ACG). A map of the proposed trail is included on the back of this document. However, input from effected property owners, the true land experts, will ultimately guide the final route of the ACG. WHO IS INVOLVED? There are many entities supporting the Anaconda-Crackerville Greenway, all of which are involved to varying degrees. The Anaconda Local Development Company (ALDC) is supporting the efforts of the Anaconda Trail Society, a grassroots community organization developed in April of 2013 with the mission of promoting trail development and connectivity in Anaconda- Deer Lodge County. The Anaconda Trail Society is facilitating this exciting project. Arrowhead Foundation, Anaconda s Technical Assistance Grant Group from the EPA on remediation and land issues, conferred with both Atlantic Richfield Company and Anaconda-Deer Lodge County during initial development stages of the new route. These efforts occurred with the understanding that property owners would play a major role in helping to refine the proposed route. Arrowhead Foundation continues to support the project, providing technical assistance to the Anaconda Local Development Company as well as the Anaconda Trail Society. Additionally, Water & Environmental Technologies, LLC (WET) contributed the development of the revised trail route, providing cost estimates and trail maps. 03 This Trail is an unmatched opportunity to experience the century-old story of the Anaconda- Butte industrial and mining age.

5 04 The Anaconda Trail Society has developed and will uphold a Volunteer Trail Maintenance Plan to ensure the continued maintenance of the ACG WHAT IS A TRAIL EASEMENT? A trail easement is a legal agreement between a landowner and an organization (nonprofit, local government, or land trust) allowing recreational use of a linear corridor of the landowner s property. After being signed by the landowner (the grantor) and the organization which will hold the easement (the grantee), this agreement is notarized and recorded at the County Registry of Deeds. The manner in which the property included in the trail easement may be used by the public is specified in the agreement, and is limited or expanded to the extent upon which both parties agree. The Anaconda Local Development Company has expressed willingness and capability to be the grantee for the ACG trail. WHAT ABOUT MY PROPERTY RIGHTS? Property rights of the trail corridor remain in possession of the landowner and can be transferred, sold, developed, or subdivided as the landowner wishes. The recorded trail easement is legal agreement, and, therefore, exists forever as part of the deed, even if the landowner transfers or sells the property. WHO WILL MAINTAIN THE ACG? Landowners would be in no way responsible for the construction or maintenance of the proposed ACG trail. These duties will be managed by the grantee (the organization which holds the easement) and the Anaconda Trail Society, with assistance from the Anaconda Local Development Company as well as Arrowhead Foundation. Additionally, in accordance with Montana Code Annotated , landowners who allow free use of their property for recreational purposes are not liable in the instance that a recreationist is injured on his/her private land. WILL MY FAMILY, LIVESTOCK, AND PROPERTY BE SAFE? Increases in criminal activity are a concern for landowners when considering a trail easement. However, independent research from across the nation has found no statistically significant correlation between increased crime and recreational trails. Law enforcement and Parks and Recreation employees have been repeatedly quoted by the media emphasizing the rarity of trail crime. In fact, a study in Kentucky found a reduction in crime rates after the establishment of a recreational trail system. HOW WILL THE ACG BENEFIT ME AND MY FAMILY? Since a trail easement does not involve a donation of land, as private owners retain property rights, there are no Federal or State tax reductions available. However,

6 independent research has shown other ways in which agreeing to a trail easement is beneficial for individual property owners. Numerous studies from across the nation indicate that property values increase with the presence of a recreational trail. An Indiana study found that the final sale price was positively affected for homes with direct trail access. Interviewed real estate agents from across the nation report that, in their experience, the presence of multi-use trails increased the sellability of properties. Connectivity is a key component of the ACG. The existing roads offer little to no shoulder on which a pedestrian may ride or walk, creating dangerous conditions for both motorists and pedestrians. Providing a designated space for non-motorized traffic offers increased independence for pedestrians, especially children, while ensuring their safety. The ACG would provide this pivotal pedestrian mode of transportation to the residents of Crackerville, Fairmont, and Anaconda. In addition to offering a space for safe alternative transportation, research has shown that communities with a multiuse trail system have lower incidences of non-communicable chronic diseases such as heart disease, stroke, type 2 Diabetes, cancer, and age related cognitive impairments. These community-wide health benefits translated to significant reductions in public health costs, as well as the development of a more productive workforce. The Anaconda-Crackerville Greenway will effectively establish a continuous multimodal trail system that unites the communities of Butte, Rocker, Opportunity, Warm Springs, Fairmont, Crackerville, and Anaconda. This is an unmatched opportunity for residents and visitors alike to experience the century-old story of the Anaconda-Butte industrial and mining age, thus showcasing both Montana s and the nation s rich culture and history. 05

7 06 CONTACT For further information on trails and easements: (406) ext. 15 PARTNERS 118 East 7th Street Anaconda, MT East 7th Street Anaconda, MT anacondacommunityfoundation.org/ 118 East 7th Street Anaconda, MT

8 In Association With: &