Town says Mt. CB’s parcel F not legally obligated to field space

There is no money set aside for a softball field 

[  By Kendra Walker  ]

The Mt. CB town council is still weighing its options for what to do with the town-owned Parcel F. The parcel located at the town tent campground and adjacent to the North Village parcel has been a somewhat complicated topic in recent years, as some believe it is legally obligated to be developed into a ballfield, while North Village Associates has proposed a land swap in their planned unit development (PUD) application. Meanwhile, the council has also expressed interest in building community housing on the parcel.  

Mt. CB resident Cassia Cadenhead spoke to the town council during the February 7 council meeting about the need for more field space in the north end of the valley. “It is a known fact that field space is extremely desired, in short supply and needed by a variety of organizations in the North Valley. Soccer, lacrosse, softball, track, etc. all require field space, and the current fields are operating beyond their operational limits.”

She asked the council to discuss and allocate staff time and direction to look into a field at Parcel F. “It is my understanding that this field has roughly $1,000,000 in funding from the sale of CBMR to Vail; and that this funding was paid directly to the town of Mt. CB. Additionally, I believe this land has been already platted for a field, and that there is a legal obligation to construct it. It is my personal opinion that this field is a VITAL amenity in the town’s quiver and is one way Mt. CB can help with the North Valley recreation needs.”

She continued, “I absolutely understand that the town is presently very consumed working on local housing, which is incredibly important. As even more people secure housing here and start families, even more move here, and even more find ways to live here year-round; increasing capacity at indoor and outdoor recreation facilities and programs will be mission critical, it already is. Please consider that while you navigate securing housing, it would be prudent and forward thinking to catch-up and get ahead of the recreation issue. I am asking you to secure the future resident’s quality of life as well as homes.”

Following her comment, the council asked town staff for clarification on whether there are financial and legal obligations to build a field in Parcel F. 

“We do not believe so, others might disagree,” said town manager Carlos Velado.

“That all got mixed up because we had $1 million to spend on the rec path. We’ve never had a million dollars set aside,” said finance director Karl Trujillo. 

Velado explained to the council and further clarified this week with the CB News that the field originates back to the East Trade Parcel Annexation and Development Agreement for Prospect. However, when the North Village sold to Dr. Claudio Alvarez, the Fifth Amendment to the Annexation and Development Agreement for Prospect was created. 

Velado said that in the amendment, the town and CBMR Real Estate negotiated and released the developer from the following two obligations from the annexation agreement by way of a one-time payment of $2,950,000: 

1) The obligation for the developer (CBMR Real Estate) to install one finished softball field, together with associated facilities and improvements. The developer was released from any further obligations related to the softball field, together with the associated facilities and improvements. 

2) The obligations and conditions in the improvements required for Gothic Road and the bike and recreation path.

Velado also clarified that Parcel F is currently platted as open space, and not specifically for a field. “The property is zoned PUD. The uses for the parcel are set forth through the PUD. Under the current entitlements set forth in the PUD the space is identified as common open space,” Velado told the News. “Under the annexation agreement Parcel F was conveyed to the town for the purpose of the developer constructing the softball field mentioned above. This would fit within the confines of common open space, but the distinction of common open space doesn’t limit the use to a softball field or just a softball field.”

He concluded, “There also seems to be some misinformation out there that there is $1M set aside for the softball field. That is not the case, and I am not sure where this information originated.” 

Velado also told the council that it would be a good idea to have the town’s new interim legal counsel Murray Dahl Beery and Renaud review the agreement. 

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