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Home My WebLink Aboutbocc.ord.007.1997 _ _ � 1 �.,.. . ,,_ �. _.. . _ . �,,\ , ��;, �;�� $: ��: �:�:;;t;��: �:. ..ti:�•„ p� !.f?r Y,. 1...,i=:. AN ORDINANCE OF THE " BOARD OF COUNTY COMMISSIONERS - OF PITKIN COUNTY,COLORADO,AUTHORIZING l �� THE ACQUISITION OF AN INTEREST IN A CONSERVATION EASEMENT `�� , ��,, AND A TRAIL EASEMENT OVE12 THE DENVER&RIQ GRANDE RAILROAD ;4 •� RIGHT-OF-WAY WITHIN PTTKIN COUNTY FROM THE OPEN SPACE AND t,� ,�' , TRAILS FUND � '":,.:' :'f``` ORDINANCE�97-7 . '�•Y~` _ �: RECITALS �'' ' . . 1. 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 E , . Trails Board of Trustees to guide the expenditure of those funds;and � • � .� . 2. The Open Space and Trails Boazd of Trustees(OSTB)has approved a motion y'x recommending to the Board of County Commissioners(BOCC)acquisition of a y� fifty percent(50%)interest in the conservation easement to be negotiated by the �,'�` Roaring Fork Railroad Holding Authority(RFRHA)and the Great Outdoors � Colqrado Trust Fund(GOCO),in consulta6on with the OSTB,as co-grantee with �� " a yet undetermined second co-grantee,and a twenty foot(20')wide trail easement �t over the railroad corridor in Pitkin County(comprising approximately 152 acres ` � and approximately 12 miles in length). The recommendation of the OSTB is � based on an understanding that the railroad corridor would include all of the ' ! following: a lineaz trail along its length;access points to adjacent pubiic lands; � open space and wildiife habitat components and a multi-modal transportation - i system(including rail lines and staiions). Nothing in the OSTB's , ! recommendation to the BOCC to acquire the interest in the corridor conservation . easement or the trail easement is intended to be or should be interpreted as a � 1i means to prevent or negatively impact the ability of the corridor to inctude a train or other multi-modal transportation system. The OSTB recommendation to the BOCC is subject to certain provisions which would apply to the comdor located iin Pitkin County only. ;i NOW THEREFORE BE IT ORDAINED by the Boazd of County � ; "Commissioners of Pitkin Counry,Colorado,that: � �� • � 1. The BOCC is desirous to approve the contribution from the Open Space and Trails fund for the acquisition of an interest in a conservation easement over the . � Denver&Rio Grande railroad right-of-way within Pitkin County; �.�, �i' 2. T'he contribution is a portion of an overall acquisition program in ozder to acquire } the Denver&Rio Grande railroad right-of-way in Pitkin,Eagle and G�eld � � r� t ?: 5,;;� � i c- - . _ ._ .i . ,., ; / y �, ..:. ► — � .� �_ _ _,_ _ ______ -- — " . �n F �;, . ��"'�r'�.,. F �YI �'C`. y9y.��fia::+�.'�t7'� : F'!'.'iu�.� '.-�>�,��'. Counties. GOCO is requiring fhat a continuous trail be constructed in the railroad _ right-of-way property linking all three counties. Within the boundazies of Pitkin �.' Coun the ri ht-of-wa m rovides si nificant o n s ace and trail values. ,�i� `'' tY� g Y P Pe�Y P g Pe P ti� The contribution qualifies for a contribution of Open Space and Trails funds under •;yi.�; .�. established acquisition criteria; � . 3. The Board of County Commissioners of Pitkin County hereby grants approval of �� '� the contribution of$500,000 from the Open Space and Trails fund for the �'. ' ' acquisition of a fifry percent{50%)interest in the conservation easement to be � �� negofiated by RFRI�IA and GOCO,in consultation with the OSTB,as co-grantee �"='`"c`r.° ' with a yet undetermined second co-grantee,and a twenty foot(20')wide trail ,k.:'� easement,over the railroad corridor in Pitkin County(comprising approximateiy �`--'`=' ' 7,,,:- 152 acres and approximately 12 miles in length),subject to the following ,F..;: • provisions which wouid apply to the corridor located in Pitkin County only: :_;; �.: ,��`' A. A minimum of fifty percent(50%)of the railroad carridor will be �`+'�`` permanendy dedicated solely to open space and recreational uses; � �'�� - �:;�f. . B. The Comdor Master Plan("CMP")which RFRHA is required to prepaze by a date which is no later than iwo(2)years from the date i �. "' - ��: ' of acquisition of the corridor by RFRHA,shalt identify a location ,�� for an interim trail wkich may be constructed by the OSTB at the -j Open Space and Trails program's expense.If the CMP required to i�l be adopted by RFRHA has not been approved and adopted within + � two(2)yeazs of the date of acquisition of the corridor by RFRHA, a consultant reasonably acceptable to RFRHA and the OSTB may, � � at the expense of the Open Space and Trails program,be selected and shall be provided with a set of guidelines agreed upon by RFRHA and the OSTB to enable the consultant to complete the �° c identification of the iocation for an interim traii within the comdor; r ;� � which guideliaes shall include,but are not iimited to: continuity of - ithe trail throughout the Pitkin County segment of the cortidor, consideration of the cost impacts of possible altemadve interim trail locations,accessibitity and serviceability of the irail as a hiking,mountain biking,horseback riding and cross country skiing trail,and preservation of the coiridor for rail purposes;and if the .. '� OSTB so requests,RFRHA shali allow the construction of such � interim trail at OSTB's expense,subject to RFRHA's review and �� approval of the location and design of the interim trail,which 4 - approval shall not be unreasonably delayed or withheld,and which approval,if it requires changes in the location of the trail identified , ��. by the mutually acceptable consultant,shall not substantially �( increase the cost of developing the interim tnil; �;y, , �i, , ,.� � Z �'=r �,- .r ..~ • � `t�' �. � r. ' : -• . .� ._ �'` • ' , ' • ,�. _ - — - -- _._....--- �,...,,__-- __�_ . , ._ �,� _.... �.,. _ �_. _—______ __-- __ , ,, � .; ,- ,, . . ,. ,., . < < ., � , �. . ��t'�;�.�'� '_�a:�.,,, � ,�;�; �`,,. �. , `:.j,s,,'i: f::»�� `;:�; �. C. In accordance with the RFRHA rail attorney's(Charles Montange's) �` advice and correspondence,a trait easement shail be placed over the width •�-` _�:s,y of the rail corridor until such time as the rail]ine is placed within the �;y:�;..._ -. corridor,or the yeaz 2020(whichever is earlier);by which time the • ': perpetual twenty foot(20')wide trail easement shall be identified and �'` � � legally described within the corridor,which easement sha11 replace the �� '� corridor-wide trail easement. The perpetual trail shall be continuous within Pitkin County,shall accommodate hiking,horseback riding,biking �= �� . and cross country skiing uses,and shall be constructed to Pitkin County '`""r ' Open Space and Trails program Trail Design and Management Handbook �k::� standazds. The recommendation of the Open Space and Trails Boazd of `�:.' - " .,.;, . Trustees to defer the final location of the perpetual trail easement and the `?" . • construction of such trail as set forth in this paragraph is specifically �:�•;� :, conditioned upon the establishment of a continuous interim trail within the time frame set forth in pazagraph B above; � � .: �i�� D. A member of the OSTB shall be granted an at-large(non-voting)seat on �«:' the RFRHA Boazd immediately upon completion of acquisition of the �• ?' corridor(anticipated to occur Februaty 28, I997); � �'' •.� , '�; • E. The CMP requited to be adopted by RFRHA shall include provisions for •� , ' an interim trail location and a permanent trail location. Prior to adoption ��f of any CMP,the final draft of the CMP shall be refened to the OSTB at � ; :1 ; least sixty(60)days prior to its adoption for review and comment. RFRHA agrees to incorpornte all reasonable changes in the CMP related ��` to open space and uails segments of the plan requested by the OSTB;and F. The OSTB shall have the right to review and approve the conservation � easement,and RFRIiA agrees to incorporate all reasonabie additions or ,� . � . changes to the conservation easement requested by the OSTB including, " `� - but not limited to,language reflecting the intent of the parties that despite ; � � the fact Pitkin County will be a co-grantee of the conservation easement � and may be the owner of an undivided interest in the corridor as a whole, � the conservation easement will not merge with the fee title;and that the � OSTB will have the right to recommend to the BOCC enforcement of the ;� conservation easement in which it holds an interest withoa[the necessity { of secwing the consent of the second co-grantee of the conservation � j easement; �, . � . 4. The recommended purchase price for the fifty percenY(50%)interest in the conservation easement is$500,000,with payment by date of closing;with fifty �r"' ' parcent(50%)of the funds recommended to be paid from the open space budget �;�, , and fifty perceat(50%)of the funds to be paid from the trails budget;and . z�', � ' i �- � :.� 3 '';i` ��.`.� . `,: `' , . _ 1 _ .. _ . � , � r' � . — � • . , iy'. �_'__ ._ . ._. �. — ._ ' . . :a.! `-�;: .. , •:_____. __--._ __________._._ _ ^ 3 � ��, ��t 4 ' `•_'{� ��t':. � ;`;�fy�';: 5. The Boazd authorizes its Chairman and the Pitkin County Clerk and Recordec to, w':,,. respective[y,execute and attest any and all documents necessary to complete the transaction,subject to prior County approval of other RFRHA agreements which `'� °� are necessary for RFRHA's closing including,but not limited to,the GOCO grant '�� agreement and conservation easement,the Colorado Department of '��' , �' Transportation Intergovemmental Agreement and the amended RFRHA • � Intergovemmental Agreement,and approval of the form of such documents by the County Attorney's Office,and upon the terms and condilions set forth herein. i?�;1:":,; NOTICE OF PUBLIC HEARING PUBLISHEA IN THE ASPEN TIMES �� +�` Fr"r' �. WEEKEND EDITION on the 14th Day of DECEMBER, 199b(for meeting on ;.;".;.�. . the 27th Day of December,1996,which was canceled) �'>�� . � : INTRODUCED,FIRST READ AND SET FOR PUBLiC HEARING AT j ..; '; THE REGULAR MEETING on the 18th Day of December,1996 � ;-� ' NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES ° j WEEKEND EDITION on the 28th Day of December,1996 " SECOND READING AND PUBLIC HEARING on the 8th day of Ianuary, � �; 1997(Tabled to 22nd day of January,1997) , � SECOND READING AND PUBLIC HEARING on the 22nd day of January, 1997{Tabled to 12th day of February,1977) ' f' SECOND READING ANA PUBLIC HEARING on the 12th day of Februaty, j� 1997(Tabled to 26th day of Februazy,I 977} NOTICE OF PUBLIC HEARIIYG PUBLISHED IN THE ASPEN TIMES % i; WEEKEND EDITION on the 15th Day of Febmary,1997 ' f� � �� APPROVED AND ADOPTED AFTER SECOND READING AND PUBLIC �' HEARING on the 26th day of Febmary,1997 i _ :; � � � PUBLISHED AFT�R ADOPTION IN THE ASPEN T7ME5 WEEKEND `} t i EDITION on the�th day of Mazch,1977 F s � i 1 . ; , • ` . � 1 � � I � i � t� ' ! � 4 , _.� . i _ _.�.--- - __� .....� ,.......:._.'.�..-..... .rl-.., ... .. � .- . . � ......_ .. .. . � . ,....... ' 4 , �..... .... .. .. , .. , . .-.. . � 4.W , �� . . I 9 . .. � . ' {_ ` ` �I. y ,. , . 1 . . '.' . . , � _.� , . � � . '�, . ` . ' :�.— __�„'.'_. ._ . .g� � � �"�"��.; . �i. �L,":�. :y ,t';,r, . . f'r• ',�;1 .`_ � . ATTEST: BOARD OF COUNTY ; �`� COMMISSIONERS �"� - OF PITKiN COiJNTY LORADO '�.".,,. 'r,. By:� �?.c.•� $y; � Jeane Jones, j� Bill Tuite 7 Dep Cterk and Rec�rder Chairman h':r-: _ 3 s� 97 ;a� Date: �;.,:-:: . i ' APPROVED AS TO FORM: MANAGER APPROVAL: j.� . ' '� f� ., `,� � � � Assistant County Attomey Su�vu�e Konchan �� ' County Manager � ( � RECOMMENDED FOR ADOPITON: t=_. .Y- . � - S i • �' J e Ellen Haznilton,CEO - � Open Space and Ttaiis � 7 � _ � � _ __-� . a � , � - , :;:-. ti''_ t s 1 : ' __. .__._. . �,.��.. _.�, �s.�.�d ---• _ _..�_._�.__�._�_ .�_.._.��. _,._ � .� _: _,.. ,...._. _._::,.._ .<. �..,.. „�� r � � ..,� ; . .; • � . d;::;.,. .- r, ; -� ' ' �- - I . 1- ' � • - ' � . . . / ' � - ------- �— _�__ -_�_ _.. _-_ _— ��a