HomeMy WebLinkAboutbocc.ord.035.2007RECEPTION#: 546373, 02/07/2008 at
11:34:20 AM,
1 oF 3, R$0.00 Doc Code ORDINANCE
Janice K. Vas Caudill, Pitkin County, CO
AN ORDINANCE OF THE
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO, ACCEPTING AMENDMENTS TO THE DART
CONSERVATION EASEMENT.
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RECITALS
The voters of Pitkin County and the Pitkin County Commissioners established an
Open Space and Trails Fund for the purposes of preserving and developing open
space and trails resources in Pitkin County, and established an Open Space and
Trails Board of Trustees to guide the expenditure of those funds; and
2. On November 13, 1997, the Open Space Program purchased a conservation
easement from the Dart Family which encumbered approximately 292 acres in
Snowmass Canyon and reserved the right to build two additional residences, and;
3. The 1997 conservation easement is duly recorded in the Official Records of Pitkin
County at reception number 410540 (" 1997 Conservafion EasemenY')
4. The 1997 Conservation Easement is held jointly by Pitkin County and the Aspen
Valley Land Trust, and:
The Dart family haue obtained approvals from Pitkin County for the construction
of the two anticipated residences, and have furthermore agreed to amend the 1997
conservation easement to place a permanent limit on those house sizes and to
make other clazifying changes to the easement map, and;
4. "The 1997 conservafion easement authorizes subsequent amendments that aze
consistent with the conservation values protected therein, and;
5. On November 13, 2007, the Open 5pace and Trails Boazd recommended approval
of an amendment to the Dart Conservation Easement consistent with the specific
terms outlined below.
NOW THEREFORE BE IT ORDAINED by the Boazd of County
Comtnissioners of Pitkin County, Colorado, that:
The BOCC hereby agrees to amend the 1997 Conservation Easement to effect the
following changes;
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A. Substitution of the existing Exhibit B for a more recent survey to provide a map of
the conservation easement area that is more accurate than the one originally
recorded as E~chibit B, which redefines building envelope 2 to delete a wetland
and add an existing barn, and to depict the division of the property into two ,
pazcels as otherwise allowed by the 1997 Conservation Easement.
B. To Amend the Legal Description of the 1997 Conservation Easement to reflect the
more accurate survey work to be included as the revised map.
C. To ad restrictive language to pazagraph 5 of the 1997 Conservation Easement
which provides a maYimum size of 8250 $. sq. for each of the two building
enveIopes, unless the landowner can obtain approval for a lazger house on one of
the envelopes, in which case the aggregate floor azea of bnild'mg envelope one and
two will be 15,000 ft. sq.
2. Upon fmal approval by the County Attorney and County Open Space D'uector, and
approval by the Aspen Valley Land Trust, the Chairmaxi of the Board is hereby
authorized and directed to execute and/or accept any and all documents necessazy to
complete the amendment.
INTRODUCED, FIRST READ AND SET FOR PUBLIC HEARING AT
THE REGULAR MEETING on the 28th Day of November, 2007
NOTICE OF PUBLIC HE G PUBLISHED IN THE ASPEN TIMES
WEEKEND EDITION on ~i ~! i~,., ~~: 9 , 2007.
APPROVED AND ADOPTE TER SECOND READING AND PUBLIC
HEARING on the ~ day of 2007
PUBLISHED AFTER ADOPT ~~IN~ ~THE ASPEN TIMES WEEKEND
EDITION on the~th day of ~4.y~'<007
BOARD OF COUNTY
COMMISSIONERS
OF PITKIN COUNTY, LORADO
By. C ~~ / /
Michael M. Ows ey
Chaiiman
Date: ~d"~~"~7
APPROVED AS TO FORM: RECOMMENDED:
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ATTEST:
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COUnty Attprney
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Dale Will, Director
Open Space and Trai s
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