Easement through Greenbelt

Our community has about 40 acres of greenbelt that is [naturally] the property of the membership. In an area where the greenbelt extends to the county roadway right of way, a private commercial property owner who is not a part of our association has been instructed by the county to locate his proposed driveway through our greenbelt on an arterial street.

He has applied to our association for an easement and we are at odds with whether or not to allow it and/or how to deal with it.

Some members want to sell him the entire portion of the greenbelt that borders his property. That would require a 67% vote of our 1028 members -(it won't happen).

Other members don't want to allow him any access at all.

We have granted easements for member home owners to place utility, cable or drainage through greenbelts. But that is always for buried construction which can't be seen afterward.

I'd like to hear from any association members or officers who have dealt with easements of any sort that cross common grounds.

How is it that the county ordered him to construct this road thru your property? You need to get that "order" from the county (in writing.) His land may be land-locked, and that's his only way out. OR he is suggesting it on his site plan as anther exit.

Maintenance, traffic concerns and liability are issues, too.

Jim,
I doubt this would apply to you way out there, but our condo and of course the land forming the complex cites clearly that no easement will be allowed except for public utility services. That includes some property designated as having view easements attached.

Another thought? Does your Greenbelt have any "hiking trails" constructed at present. If not, then you may leverage the Contractor to pay for some trails, as part of an easement. I design and construct nature trails in Open Space area's for the past 23 years. I would be happy to talk to your Board of Directors on something like this to help both parties. With 40 acres you could have a number of "miles" of trails built. Cost is not as much as you might think. Please reply back if your interested in something such as this. My advise is free.

Jim,
Susan is extremly perceptive. Mary's suggestion to contact whoever issued this order or whatever it was should be heeded.

I suggest you formulate a list of specific questions to ask this office. One additional one or two is: What person signed off on this. What is their authority? Inform them of your specific covenants that forbid this action. Inform them since the county has now raised the question of doubt with your documents, you feel it is only proper that the county give you a written legal opinion about their proposal and in addition, provide you with the legal standing of your documents concerning this matter.

The intent is to once and for all establish sovereignty of your association, and let the county pay for the legal ruling, and of course to stop this from happening in the future. It might work.