Have rode - and that's enough! Cycle track in Krylatskoye is threatened with the real estate development

The city government helps it to liquidate the sports facility in the courts.

Julia Suntsova

A tasty piece of land in an elite district of Moscow next to a beautiful landscape park and a well-equipped embankment of the Moskva River. The cost of housing per square meter, according to CIAN, here starts from 240 thousand and confidently crosses the mark of 400 thousand rubles. The rental price is from 36 thousand to 69 thousand rubles per square meter per year.

The Krylatsky hills in Moscow are man-made. Once these were quarries, and by the 1980 Olympics, the slopes were increased with artificial embankments and several sports facilities were built: a buoyage path, a cycle track, a rowing canal, an archery field.

The finish line for the cycle track was laid directly between the villages of Tatarovo and Krylatskoye. The villages disappeared after the Games, one might say, they had to be sacrificed for the sake of a new Olympic facility.

In 2002, the Moscow Federation of Trade Unions, which became a burden to the sports complex, established ZAO Sports and Environmental Complex Lata Track. A year later, the land plot with an area of 147.6 hectares, together with the sports facilities, was transferred to the authorized capital of the company. A little later, the trade unions themselves withdrew from the founders of "Lata Track", their share was bought out and redistributed among themselves by private investors.

Since the 2000s, the new owners have kept the site, but the city does not give this land to anyone for a long-term lease. The company does not disclose the costs of maintaining the cycle road, but judging by the fact that this is a nature reserve - a site with the status of a specially protected area, the expenses are considerable.

Since 2008, there have been persistent rumors among developers about the development of elite real estate in the area of the cycle track on the Krylatsky hills.

Officials and businessmen like the company itself were constantly trying to sue Lata Track for the seizure of the land plot, but the court consistently sided with the owner, each time finding no legal grounds for the seizure of his property (track).

In 2014, Millhouse, an investment company controlled by Abramovich, announced the expansion of its class A business park Krylatskie Hills. It was planned to add a fifth building to the four standing buildings, which was supposed to be adjacent to the cycle road.

In 2015, the Moscow mayor's office specially removed a site from the PA zone for this construction, on which capital construction had previously been prohibited. The earth moved for rent LLC Medical Estate. The building spot has crept right up to the cycle track, and it is planned to build a certain "garage facility" here.

It took quite a bit of time for the managers of the developer Medical Estate to suddenly find on their site "illegal" asphalt paths crossing it - "bicycle road appendixes" (as they call them), which were not on the plans of the land plot. Today the interested parties cling to these "unauthorized actions" in court.

Another boiling point is the home stretch. The plot, which the Moscow Mayor's Office leased to Medical Estate, is overlaid on the asphalt road of the cycle road in such a way that the finish narrows minus the leased plot from 16 to 7 meters, which allegedly leads to the inferiority of the track together.

Thus, in court, the plaintiff demands to recognize the home stretch of 1200 meters as non-existent. And there is no finish line that clearly meets international standards - there is allegedly no cycle road itself, one pitiful likeness...

The City Property Department and the Moscow Government in court argue that in 1978, when the track was accepted by the state commission, those same 1200 meters were allocated for the finish line at the expense of city roads, which were blocked especially on the days of the competition. Then and now it was meters of Krylatskaya Street. Only in 1980, the track was an Olympic facility, where Olympic champions were born, and today it is just an asphalt pavement that is part of the Moscow road network, which means that the city is supposed to dispose of these meters at its discretion.

In 2019, the Medical Estate company owned by the Millhouse fund and, apparently, the Moscow City Property Department, which sympathizes with them, without saying a word, simultaneously launched two claims in arbitration.

“Novye Izvestia” examined the materials in the card file of the Arbitration Court.

Medical Estate is seeking the demolition of a part of the finish line, which supposedly protrudes into their leased area. Officials, in turn, are asking to exclude the sports facility from the state register of real estate.

The claim of Medical Estate LLC against the owner of the cycle road CJSC Sports and Ecological Complex Lata Track was registered in arbitration on January 22, 2018.

A related claim to the same defendant from the Moscow City Property Department is dated April 5 of the same year.

A whole bunch of state institutions act as third parties in the process: the Federal Cadastral Chamber of the Federal Service for State Registration, Cadastre and Cartography, the Department of Property and Land Relations, and the Moscow City Property Department. Government agencies in this process mainly support Medical Estate.

At the hearings, the plaintiff argues that the asphalt on a part of the cycle road is nothing more than an unauthorized construction, and demands that Lata Track's ownership of the facility be declared absent.

During the trial, both parties announced the appointment of expert examinations. The petitions for the appointment of a forensic and construction-technical expertise, which will be carried out respectively by the FBU “Forensic Expertise Center” under the Ministry of Justice of the Russian Federation and LLC “Group“ Legal and Construction-Technical Expertise ”, have been satisfied.

According to the case materials, the experts were asked the following questions:

1) Is a ring cycle road a non-capital object or a capital object inextricably linked to the ground, the movement of which is impossible without causing disproportionate damage to its purpose?

2) Do the initial parameters of the facility during construction correspond to the characteristics registered in Rosreestr and the actual parameters as of the date of the examination?

3) Determine the current state / compliance of the cycle road with the original permissive executive technical documentation;

4) Does the structure comply with town planning and building codes with the rules in force on the date of the start of construction or creation of the facility?

5) Establish a deadline for the construction of a construction site (ring cycle road) located within the boundaries of the land plot with cadastral number 77: 07: 0001003: 1002;

6) Is the facility located partially or completely on the territory of land plots previously occupied by the road network, and is there, and are these zones of the road network still being used?

Until the results of the expert examinations, the court sessions on both processes have been postponed. And while the Olympic track is worse than at the state acceptance, will be considered under magnifying glasses by forensic experts, the defendant filed a motion for interim measures in relation to the cycle road and the land under it.

He asked the court to prohibit Medical Estate LLC and third parties in any way from violating the integrity of the 13 640 m long track (including excavation work, erecting buildings and structures, etc., to prohibit issuing appropriate orders to the authorities for performance of work).

“Carrying out by the plaintiff of work on the disputed land plot, leased to him, will entail the destruction of the cycle road, which cannot be restored. And it will not be able to be used, as it was planned, in the Five Rings of Moscow competition (in May 2019) and for the 40th anniversary of the 1980 Olympics", - explains the defendant, the owner of the cycle track.

But the court in three instances, up to cassation, did not share the defendant's fears and worries, did not see threats from Medical Estate and the City Property Department, and refused interim measures.

At the same time, the Moscow government filed an independent claim against Lata Track. The mayors ask the court to recognize the defendant's ownership of the object absent, to remove the object from the cadastral register, to exclude information about the object from the USRN.

Medical Estate denies any connection with the Moscow government's claim. The mysterious "garage facility" is just a multi-level parking lot with bike rental, showers, cafes and toilets that the same athletes will be able to use, - explained the representative of the developer Roman Dedov.

Environmentalists and eco-activists are worried today: if a sports facility is excluded from the state register, then the entire land on which the cycle road passed will be threatened. With the disappeared real estate object, it will be easier to change the status of the land plot - to transfer it for construction, especially since such plans have long been discussed on the sidelines.

The winning decision on the claim of Medical Estate - on the narrowing of the finish line - will become a trigger for pulling the entire cycle route. There is no finish that meets the established standards, legally there is no cycle road itself, which, apparently, is the purpose of the two-way in arbitration, the lawyers comment.

In July, about 3 thousand cyclists and cycling enthusiasts, as well as local residents, embraced the Olympic track in Krylatskoye. A sports facility in this place is much more necessary and important than “garages” and “parking complexes”, the more practice shows the transformation of such vague “garage objects” into residential and shopping complexes. With a "skillful approach" - it's only a matter of time.

- The action "Hugging the Olympic track in Krylatskoye" was organized by the athletes. Probably, everyone had their own reason to go there. I was there because I am categorically opposed to green areas where Fischer's carnation grows from the specially protected natural area, and to build garages on this place, - says Larisa Gorkovskaya.

The defenders of the natural park announced the creation of the Regional Public Movement "Let's Save the Krylatsky Hills!"

Activists demand to impose a moratorium on any construction, survey and other work on the territory of the entire protected area of the Moskvoretsky Krylatsky Hills, leading to its development with both capital and non-capital structures (structures).

However, residents express serious claims not only to Abramovich's Millhouse, but also to the current owners of the track, ZAO SEK Lada Track and demand:

1. To oblige the company to completely dismantle the installed fence (fencing along the border of the leased area).
2. Terminate the Lease Agreement between DGI of the city of Moscow and ZAO SEK Lata Trek No. М-07-034323 dated 04.09.2009, on the basis of Part 5 of Art. 30 of the Law of September 26, 2001 No. 48 "On Specially Protected Natural Areas in the City of Moscow".
3. Take measures to compel ZAO SEK Lata Track after the termination of the said lease agreement to bring the protected area of the PIP Moskvoretsky Krylatskie Hills into a state suitable for use in accordance with the purpose of a specially protected natural area;
4. Initiate verification of the legality of the transfer to the ownership of ZAO SEK Lata Track of the Olympic cycle road located within the Krylatskiye Kholmy PIP Moskvoretsky PA.

More than 20,000 signatures of district residents and Muscovites have already been collected under the memorandum, the requirements and goals of the community. Today, more than 8 thousand people are members of the communities on social networks and messengers of the Let's Save Krylatsky Hills movement.