HomeMy WebLinkAboutbocc.ord.021.2010 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO AUTHORIZING PITKIN COUNTY TO ACCEPT
EASEMENTS IN CONNECTION WITH THE SETTLEMENT OF ASPEN VALLEY
RANCH V. BOARD OF COUNTY COMMISSIONERS, CASE NO. 08CV02363
ORDINANCE #ak-2010
RECITALS
1. The Board of County Commissioners of Pitkin County (the "Board ") and Aspen
Valley Ranch, LLC ( "AVR ") are currently engaged in litigation over questions surrounding,
among other things, the existence of a public right of access across the AVR property in Woody
Creek, Colorado.
2. The Board and AVR have reached agreement in principle on a settlement of the
litigation that will provide for, among other things, non - motorized public access across the AVR
property in exchange for a vacation of alternative public rights of way across that property.
3. The settlement calls for AVR to convey certain easements to the Board, and for
the Board to accept those easements. This Ordinance provides authority to accept the easements,
and for the Board Chair to execute a Settlement Agreement, Easement Agreement, and other
documents that may be necessary to finalize the settlement.
4. Finalizing the settlement requires an ordinance vacating certain rights of way
across the AVR property. That step will be undertaken through a separate ordinance and public
hearing process; nothing in this ordinance shall be deemed to prejudice the outcome of the
vacation hearings in any way.
5. The Board and AVR have agreed to the terms, covenants and conditions of a
Settlement Agreement in a form substantially approved by the County Attorney.
6. The Board finds that adoption of this ordinance is necessary for the immediate
preservation of the public health, safety and welfare of the citizens of Pitkin County.
NOW THEREFORE, be it ordained by the Board of County Commissioners of Pitkin
County Colorado, that the Chair of the Board of County Commissioners of Pitkin County,
Colorado, is hereby authorized to sign a Settlement Agreement between the Board and AVR in a
form approved by the County Attorney, and is authorized to execute and accept certain
easements made in connection with that Settlement Agreement. The County Attorney is directed
to take such further steps as may be necessary to finalize the settlement, and to dismiss the
litigation once the settlement is finalized.
INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING ON THE 8TH
DAY OF SEPTEMBER 2010.
1
ORDINANCE NO. t 2010
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES
WEEKLY ON THE 3 DAY OF OCTOBER 2010.
ADOPTED UPON SECOND READING AND PUBLIC HEARING ON THE 13
DAY OF OCTOBER 2010.
PUBLISHED BY TITLE ANT SHORT SUMM4Ry, 4FTER ADOPTION, IN THE
ASPEN TIMES WEEKLY ON THE / OF r 2010.
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
A �.� % V i ifs r..� t/`"
Je ette Jones George New an
D:t� uty Clerk Chair
11 Date: 0
APPROVED AS TO FORM:
1A.( , 1)
Christopher . Seldin PhyliA Mattice
Assistant County • ttorney Intelalh County Manager
2