Public access to trails

Met recently to discuss the challenges related to conflicts occurring for residents accessing the undeveloped land east of Top of the World Drive.

The following is paraphrased from a recent communication from the CHPD: "My staff has been in contact with the property owner, DBA Cottonwood Heights Golden Oaks LLC, as well as the property manager, who is also a resident of the neighborhood.

Pursuant to the Land Protection and Security Services Agreement (the “Agreement”), the property manager has been granted full authority to manage the parcel located at 3690 E 8335 South in the City of Cottonwood Heights. Under the terms of the Agreement, the designated agent (“Agent”), is authorized to oversee and make decisions on behalf of Cottonwood Heights Golden Oaks LLC. This authority includes, but is not limited to, securing the property, restricting access, procuring necessary services, and implementing security measures. In furtherance of these duties, the Agent utilizes video surveillance and drone technology to monitor the property for trespassers, both of which are permitted under Utah state law. 

Concerns have been raised regarding the Agent’s residency within the neighborhood while managing this contentious issue. However, it can also be argued that his proximity enhances oversight and ensures more effective property management. Ultimately, this is a private business decision, and law enforcement's role is not to mediate personal disputes but to enforce applicable laws.

One specific security measure that has drawn neighborhood concern is the installation of a pole-mounted surveillance camera. The primary issue relates to its placement on what was initially believed to be a public utility structure. Upon further investigation, Sergeant Soakai determined that the pole is owned by a third party, the LDS Church, and that the Agent has obtained the necessary authorization for its use. 

Additionally, (a Parks, Trails & Open Space Committee “PTOS” member) has expressed concerns regarding a wire extending from a residential structure into the property. The Agent has acknowledged the presence of the guywire, recognized the potential safety and liability risks, and has agreed to take appropriate steps to mark it for visibility.

It is undisputed that the parcel in question constitutes private property. The property owner retains the legal right to prohibit trespassing, absent any court ruling to the contrary issued by the Third Judicial District. There is no recorded easement on the property, and it has been properly marked to indicate private ownership. Furthermore, Cottonwood Heights Golden Oaks LLC has voluntarily granted easements to three other neighboring property owners.

While this resolution may not align with all stakeholders' preferences, the police department is obligated to enforce trespassing violations unless directed otherwise by a court of law."

CM Birrell note:  I have urged the CH PTOS citizen committee to decide where their top priorities lie. If there is a decision by the citizenry to recommend that the City Council obtain funding to make a serious offer to the landowner for either easement through or purchase of the undeveloped land, I will do all I can to gain a Council majority support to go after the funding. This will likely require a General Election Bond or some other action because there are not General Funds currently available for property acquisition.