Saturday, June 27, 2009

Deed Restrictions May Block Bike Trail

from information on Top of Michigan Trails Council

The Boyne City to Charlevoix bike trail is still just a dream, and another measure of uncertainty has just been introduced. Deed restrictions on highway rights-of-way purchases from the 1950s may exclude uses other than vehicular traffic.

Although the concept for the trail exists, through Young State Park and Horton Bay to the Little Traverse Wheelway. Charlevoix County is prepared to own and maintain the trail.

The ultimate plan is to connect Charlevoix with Elk Rapids and then to the TART trail near Williamsburg.

Grants for phase one have been applied for. Yet, a snag has been found in the old deeds. The Charlevoix County Road Commission was contacted by Bay Township residents who realized that their deeds said that the right of way may be used for "highway purposes" only.

The language appears in at least six parcels of property which the trail would need to cross. It is not known how many other deeds contain this clause.

The question, manager Pat Harmon said, may be: Does a bicycle path qualify as a "highway use."

See Boyne City - Charlevoix Trail
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