Board approves sale of 250 sq ft at Luzberg Open Space to resolve property encroachment

The Open Space Board of Trustees voted 4'to'0 to approve and recommend that City Council approve disposal of approximately 250 square feet of the Luzberg Open Space to John and Kate Barbaras to resolve a boundary encroachment. Staff characterized the area as a small triangular parcel where an older fence line and private irrigation infrastructure were located after the city's 1996 acquisition and a partial fence relocation.

Mark Pedrucci, senior property agent for Open Space and Mountain Parks, presented the item and described the survey history: the city moved a fence in one location after buying Luzberg in 1996 but did not relocate a short triangular segment; the Barberas family, which owned the adjacent parcel prior to the city's acquisition, assumed the fence indicated the boundary and later installed underground irrigation in the triangle. Pedrucci said the city considered the operational burden of maintaining a narrow triangular patch and the cost to the homeowners to remove irrigation infrastructure when evaluating options and concluded disposal to the homeowner was an appropriate resolution.

Staff proposed a purchase-and-sale agreement with a per-square-foot price of $1.35; based on a survey estimate of roughly 250 square feet, staff estimated total proceeds around $350 (final amount to be based on the completed survey and legal description). The agreement would require the purchaser to pay any due-diligence costs and is contingent on approval of a boundary-line adjustment (subdivision exemption) by Boulder County Community Planning and Permitting. Pedrucci said OSMP had completed a pre-application meeting with county staff who characterized the process as a subdivision-exemption/lot-line adjustment.

Kate Barbaras, who spoke in favor of the proposal during public comment, told trustees the irrigation infrastructure in the triangle is substantial and that removing it would be burdensome and costly. Trustees asked whether selling the small parcel would reduce maintenance difficulty for Open Space operations; staff said the tiny pointed triangle is hard to maintain and that disposal would simplify mowing and maintenance in that location.

The motion to recommend sale to city council was made and seconded by trustees. Roll-call votes recorded Robinson, Glenn, Estrella and the presiding trustee as voting "yes." The board's recommendation must be forwarded to City Council for final approval; the purchase agreement and county boundary adjustment are required conditions for the disposal to close.