HomeMy WebLinkAboutBOCC Packet 06222011 Tariff Mining Claim
AGENDA ITEM SUMMARY
REGULAR MEETING DATE:
JUNE 22, 2011
AGENDA ITEM TITLE
: AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF PITKIN COUNTY,
COLORADO ACCEPTING THE CONVEYANCE
INTEREST IN THE TARIFF MINING CLAIM
AND AUTHORIZING THE EXECUTION OF
THE NECESSARY CONVEYANCE
DOCUMENTS
STAFF RESPONSIBLE:
Brian Pettet
ISSUE STATEMENT
: Introduction and first reading of an ordinance accepting the
laim and
authorizing the Chairwoman or her designee to execute the documents necessary to complete
the transaction.
BACKGROUND
: The Simpson Family Trust dated July 14, 2004 owns a 19/32 share of
the surface and mineral rights to the Tariff Lode Mining Claim (U.S.M.S. # 5410). Pitkin
County owns the remaining 13/32 share of the surface and mineral rights. At this time, the
Simpson Family Trusts desires to convey its interest in the Tariff Lode to Pitkin County as a
gift by quit claim deed and the County desires to accept the interest.
By way of further background, there are no development rights appurtenant to this property as
a result of a July 2010 transaction wherein the Simpson Family Trust and Pitkin County
agreed to sever development rights from the parcel for the issuance of one certificate of
Transferable Development Right. The Simpson Family Trust desired to acquire the TDR
certificate and the County sold its interest in the certificate to the Simpson Family Trust for
$100,000.
KEY DISCUSSION ITEMS:
Currently, the General Fund has in its inventory of properties about 40 mining claims,
which are managed by Pitkin County Public Works. The disposition and management of
these mining claims have been a topic of discussion in the past, and thus far the County
has decided not to include these in Open Space and Trails inventory.
The property could be designated as an Open Space and Trails asset which would allow
the property to be managed using Open Space and Trails funds. While doing so would
not place any restrictions regarding disposal or change in use on the property, there may
be some expectation that properties managed by open space should remain open space.
Since this property would not have any immediate or costly management and
1
maintenance needs, and since the County owns several other mining claims that are not
designated as open space assets, Open Space & Trails staff do not think that there is any
need for the BOCC to make a decision at this time to designate the Tariff Lode an Open
Space and Trails asset.
RECOMMENDED BOCC ACTION:
Motion to approve ordinance and set for second
reading and public hearing on July 13, 2011
ATTACHMENTS:
Proposed Ordinance
Tariff Lode Map
2
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
PITKIN COUNTY, COLORADO ACCEPTING THE CONVEYANCE OF
LODE MINING
CLAIM AND AUTHORIZING THE EXECUTION OF THE NECESSARY
CONVEYANCE DOCUMENTS
ORDINANCE NO. #_____-2011
1. The Simpson Family Trust dated July 14, 2004, by and through Steven P.
Simpson and Georgiana K. Simpson as trustees, is the owner of a 19/32 share of the
surface and mineral rights to a certain real property situated in Pitkin County known as
the Tariff Lode Mining Claim, more fully described as follows:
Tariff Lode Mining Claim (U.S. Mineral Survey No. 5410,
in that certain United States Patent No. 27725 dated December 23,
1896 and recorded May 20, 1949, in Book 175 at Page 188
2. Pitkin County is the owner of the remaining 13/32 share of the surface and
mineral rights to the Tariff Lode.
3. The Simpson Family Trust desires to grant their interest in the Tariff Lode
to Pitkin County.
4. The Board of County Commissioners desires to accept the property
interest as a gift conveyed by quit claim deed in substantially the form approved by the
County Attorney.
5. The BOCC 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 Board of County Commissioners accepts the conveyance
of the Simpson Family interest in the Tariff Lode Mining Claim and the
Chairwoman or her designee is hereby authorized and directed to execute a quit claim
deed on behalf of the County and any other documents necessary to complete the
transaction subject to the recommendation for approval by staff and approval as to form
by the County Attorney.
INTRODUCED, FIRST READ AND SET FOR PUBLIC HEARING ON
ND
THE 22DAY OF JUNE 2011.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES
RD
WEEKLY ON 3 DAY OF JULY 2011.
Ordinance No. ___-2011
Page 2
APPROVED UPON SECOND READING AND PUBLIC HEARING ON
TH
THE 13 DAY OF JULY 2011.
PUBLISHED AFTER ADOPTION IN THE ASPEN TIMES WEEKLY ON
THE _____ DAY OF _____________________ 2011.
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
By:
Jeanette Jones Rachel E. Richards, Chairwoman
Deputy Clerk & Recorder
Date:
APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL:
John M. Ely, County Attorney Jon Peacock, County Manager
Tariff Lode 11 . irk*
t r
�. / /r • : ......, --\\
.. sit , NI . At , i .
� I � � `r'r�rf' � �
i --/ —I i -. 4,11 .,...." / /
/ ! '''", e ,or'"
r `> '' '"
1 ---ii 4„,,,,.......
/ I l f � `�
e
i ~'14. .
�� t
' .— LW i , s _
n
4 '-: ' . d
f
G .,. " ate& \—
°� HIE'S ve
- r` ;> `'
n "j t. ' ^ � t . RESTAURANT
f
"--.—\\ , 0. 1 „if , , .,.
j 1
Tariff MC 7,1.'''ll' ate C ounty Mining Claim ° "y E x ASC Property `:` m
CA
x J Conservation Easement _ � - - . _, Open Space _� , - - - -• Trails — _`- - __ ►+i,�"� - 4 Chair Lift "
0 500 1,000 Feet
i \ WI , , . ' ,.. ' / . * : -