HomeMy WebLinkAboutBOCC Packet 06272012 Sparovic Trail Easement
AGENDA ITEM SUMMARY
REGULAR MEETING DATE:
June 27, 2012
AGENDA ITEM TITLE
:OrdinanceVacating A Trail Easement On Sparovic
Lot 1-AAnd Accepting A New Trail Easement And
River Access Easement From River Sanctuary LLC
STAFF RESPONSIBLE:
Barb D’Autrechy
ISSUE STATEMENT
:Pitkin County currently holds a trail easement across Lot 1-Aof the
Sparovic Subdivision along the south bank of Roaring Fork River East of Aspen. When the
East of Aspen Trail was constructed, portions of the trail were builtoutside the existing
easement, not directly adjacent to the river. The current landowner has agreed to convey a
new trail easement and a river access easement, in exchange forthe County vacating the
original easement.
BACKGROUND
:In 1994, the Open Space and Trails program constructed the first
segment of the popular East of Aspen Trail. This first reach of the trail began at the
intersection of Highway 82 and Stillwater Drive and traveled east to its original terminus,the
North Star Bridge. The trail segment relied on a chain of trail easements that the County
acquired through the land use process inprior years. One such easement traverses Lot 1-Aof
the Sparovic subdivision. In 1982,the BOCC approved the Sparovic Subdivision, located on
the south side of Highway 82 in the Mountain Valley area east of Aspen. This approval
included two forms of public access: an in-stream recreational access to the Roaring Fork
River, and a 15 foot wide trail easement along the south bank of the river.The trail that was
eventually constructed across the Sparovic subdivision, including Lot 1-A, was not located
entirely within the platted trail easement. Thatencroachment has never been corrected. The
current owner of Lot 1-A,River Sanctuary LLC, has agreed to grant the County a new trail
easement agreement that corresponds to the existing trail’s alignmentin exchange for the
County’s vacation of the original platted trail easement. The result of this new trail easement
is the creation of a gap in public access between the trail and the Roaring Fork River. To
ensure continued public accesstothe Roaring Fork River, River Sanctuary LLC will also
grant a 15 foot wide public river access at the east end of the property, in the location of an
existing “take out” for boaters. OST would like to acknowledgethe generous cooperation of
River Sanctuary LLC.
LINK TO STRATEGIC PLAN:
Amending this trail easementmeets the County’s goal for
a livable and supportive communityaccess to recreation
by providing .
KEY DISCUSSION ITEMS:
This proposed trail and river access easement is intended to
amend existing documentation to reflect the current public uses that occur on the Property so
that the public may continue to enjoy the trail and access the river, and the rights of the
landowner are protected. There will be no change in the use or public enjoyment of the East
of Aspen Trail or the Roaring Fork River on this property.
BUDGETARY IMPACT:
The incidental costs associated with this trail and river
access easementcan be covered by the current 2012budget.
RECOMMENDED BOCC ACTION:
Approve the ordinance at public hearing on July
11, 2012.
ATTACHMENTS:
Map, Draft Ordinance
ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
VACATING A TRAIL EASEMENT ON SPAROVIC LOT 1-AAND ACCEPTING
A NEW TRAIL EASEMENT AND RIVER ACCESS EASEMENT FROM RIVER
SANCTUARY LLC
ORDINANCE NO. _______-2012
RECITALS
1.The Voters of Pitkin County and the Pitkin County Commissioners established an
Open Space and Trails program for the purposes of preserving and providing open
space and trails resources in Pitkin County, and specifically to ensure access to public
lands.
2.In 1982,the Board of County Commissioners approved the Sparovic Subdivision
plat, which was recorded at Plat Book 13Page78. This plat included the dedication
of public in-stream recreational access to the Roaring Fork River and a 15foot wide
trail easement along the south bank of the river.
3.In 1994, the County Open Space and Trails program constructed the East of Aspen
trail across the Property. However, portions of the trail were constructed outside the
existing easement. This encroachment was not corrected.
4.The current owners of Lot 1-Aof the Sparovic subdivision, River SanctuaryLLC,
now wish to convey a new trail easement agreement located along the existing East
of Aspen Trail, in exchange for the County’s vacation of the 1982 platted trail
easement. The landowneralso wishes to grant the county public access tothe
Roaring Fork Riverat the location of an existing “take out”, so that the public may
continue to access the river from the trail lawfully.
5.The County wishes to accept these public recreation easements and agrees to vacate
the originally platted trail easement.
6.The Open Space and Trails Board unanimously recommended this amendment on
August 25, 2011.
NOW, THEREFORE, BE IT ORDAINED
by the Board of County Commissioners of
Pitkin County, Colorado that:
1.)The Board authorizes the vacation of the 15 foot wide trail easementon Lot 1-A
of the Sparovic Subdivisionas represented on Plat Book 13 Page 78.
2.)The Board accepts from River Sanctuary LLCa new 15 foot wide trail easement
along the East of Aspen Trail as it currently exists across Lot 1-Aand accepts a
public river access easement on the south bank of the Roaring Fork River.
3.)Upon approval of the form by the Open Space Director and County Attorney, the
Chair of the Board, or alternate member of the BOCC, is authorized to execute
and agreement with River Sanctuary LLCto complete theactions stated above,
and any other documents necessary to complete these transactions.
INTRODUCED, FIRST READ, AND APPROVED ON THE 27thDAY OF JUNE
2012.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES
WEEKLY ON THE ____ DAYOF _________ 2012.
APPROVED UPON SECOND READING AND PUBLIC HEARING ON
THE 11th DAY OF JULY2012.
PUBLISHED AFTER ADOPTION IN THE WEEKEND EDITION OF THE
ASPEN TIMESON THE ____ DAY OF ______________, 2012.
ATTEST:BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
____________________________________________________________
Jeanette JonesMichael M. Owsley
Deputy ClerkChair
Date: _________________________
APPROVED AS TO FORM:
___________________________________________________________
John ElyJon Peacock
County AttorneyCounty Manager
______________________________
Dale Will, Director
Open Space and Trails Program