HomeMy WebLinkAboutbocc.ord.011.2013 RECEPTION#: 604655, 10/11/2013 at
11:52:00 AM,
1 OF 6, R $0.00 Doc Code ORDINANCE
Janice K. Vos Caudill, Pitkin County, CO
AN ORDINANCE OF
THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
AUTHORIZING AMENDMENTS TO THE 2002 OPTION CONTRACT
FOR THE PURCHASE OF A CONSERVATION EASEMENT
FROM CAPITOL CREEK RANCH
•
ORDINANCE#Ctll , SERIES OF 2013
-' RECITALS
I. The Voters of Pitkin County and the Pitkin County Commissioners established an Open
Space and Trails Fund for the purposes of preserving and providing 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.
2. The Open Space and Trails Program is charged with protecting open space, habitat, scenic
view planes, and recreational routes on public lands.
3. In 2002, Pitkin County and the Aspen Valley Land Trust acquired a conservation easement
on the southern half of the Child Ranch dba Capitol Creek Ranch.
4. Pursuant to Ordinance 27-02, on November 26, 2002 the Board of County Commissioners
duly approved an Option Contract for the purchase of.a 753 conservation easement on the
• northern half of Capitol Creek Ranch, which is sct to close on June 15, 2013.
5. The 2002 Option Contract was recommended by the Open Space and Trails Board of
Trustees.
6. Capitol Creek Ranch and the Open Space Board have agreed to certain amendments to the
•
Option Contract.
NOW THEREFORE BE IT ORDAINED by the Board of County Commissioners
of Pitkin County, Colorado, that:
1. Ordinance 27-02 is hereby amended to allow amendments to the Option Contract
attached thereto, to affect the changes outlined in this paragraph. However,
except as explicitly stated below, the terms of the Option Contact approved by
Ordinance 27-02 remain in full force and effect. The Option Contract may be
amended to:
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a. To clarify that if Capitol Creek Ranch extinguishes its reserved right to
construct a back country cabin within the rural and remote area of the
ranch, it may retain the TDR associated with that right.
b. To allow amendments to the proposed conservation easement that would
increase the designated building envelopes from 1 acre to 2 acres, with
a restriction that above ground structures and landscaping remain
limited to I acre, adjust the lot boundaries of the seven 35-acre lots
and the large common area, to lots varying in size from 14 acres to
approximately 1258 acres, adjusting the driveway envelope for one lot,
permit micro-hydro on the ranch consistent with other laws and
regulations, eliminate the back country cabin reserved on the south lot,
and update the water rights language, and generally ensure that the
standard provisions are consistent with most current practices.
c. To allow an extension of the closing date if deemed necessary by the
Open Space Director and County Attorney to ensure that due diligence
items such as surveys and related title insurance are complete.
I. Upon approval of the form by the Open Space Director and County Attorney, the
Chair is authorized to execute an amendment to the Option Contract consistent
with this Ordinance. The Chair is further authorized to execute other documents
as may be necessary to finalize this transaction.
INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING ON THE 8th DAY
OF MAY, 2013.
NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE
ORDINANCE PUBLISHED IN THE ASPEN TIMES WEEKLY ON 5-5- G13
2013.
NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE ORDINANCE
POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.aspenpitkin.com )
ON THE /01,C DAY OF in 2013.
ADOPTEID AFTER FINAL READING AND PUBLIC HEARING ON THE
1-9-int DAY OF "}11u , 2013.
PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE
ASPEN TIMES WEEKLY ON THE 3064" DAY OF Y1'( 2013.
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
5
/ , 4.i 1 , /. . .h. � / �. .. _
Jean•tte Jones / Geoff a New n
Deputy Clerk Chair
Date: ,
APPROVED AS TO FORM:
_ eN a
John Ely Jon `e.�k
Conn • orney County Manager
AO
1 ale Will,Director
Open Space and Trails Program
Ordinance -2013
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EXHIBIT "A"
LEGAL DESCRIPTION
THAT CERTAIN DEED OF CONSERVATION EASEMENT COVERING THE FOLLOWING DESCRIBED REAL
PROPERTY:
THIS DESCRIPTION IS BASED ON DOCUMENTS OF RECORD AND SOME FIELD LOCATIONS BUT DOES NOT
CONSTITUTE A FULL BOUNDARY SURVEY BY HIGH COUNTRY ENGINEERING, INC.
' A PARCEL OF LAND SITUATED IN SECTION 19, THE W1/2W1/2 SECTION 20 AND SECTION 30, TOWNSHIP 9
SOUTH, RANGE 86 WEST OF THE SIXTH PRINCIPAL MERIDIAN,AND THE E1/2E1/2 SECTION 24 AND SECTION
25, TOWNSHIP 9 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF PITKIN, STATE OF
COLORADO, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 30 THE POINT OF BEGINNING; THENCE •
S00°34'47"E ALONG THE EASTERLY BOUNDARY OF SAID SECTION 30 A DISTANCE OF 1,096.69 FEET; THENCE
LEAVING SAID EASTERLY BOUNDARY S90°00'00"W A DISTANCE OF 6,610.28 FEET TO A POINT ON THE
WESTERLY BOUNDARY OF THE E1/2NE1/4 OF SAID SECTION 25; THENCE N00°08'02"W ALONG SAID WESTERLY
BOUNDARY A DISTANCE OF 1,260.99 FEET TO THE NORTHWEST CORNER OF SAID E1/2NE1/4; THENCE
LEAVING SAID WESTERLY BOUNDARY S89°42'01"E ALONG THE NORTHERLY BOUNDARY OF SAID E1/2NE1/4 A
DISTANCE OF 1,316.85 FEET TO THE NORTHEAST CORNER OF SAID SECTION 25; THENCE LEAVING SAID
NORTHERLY BOUNDARY N00°00'20"E ALONG THE EASTERLY BOUNDARY OF SAID SECTION 24 A DISTANCE OF
1,255.00 FEET TO A POINT ON AN EXISTING FENCE; THENCE LEAVING SAID EASTERLY BOUNDARY
GENERALLY FOLLOWING SAID EXISTING FENCE THE FOLLOWING SEVEN (7) COURSES:
1.)S82°50'20"W A DISTANCE OF 15.00 FEET
2.)N00°50'40"W A DISTANCE OF 993.00 FEET
3.)N62°49'40"W A DISTANCE OF 334.00 FEET
4.)N19°22'40"W A DISTANCE OF 217.00 FEET
5.)N58°15'40"W A DISTANCE OF 14.00 FEET
6.)N89°01'40"W A DISTANCE OF 273.00 FEET
7.)NO3°32'40"W A DISTANCE OF 388.28 FEET TO A POINT IN THE CENTERLINE OF CAPITOL CREEK ROAD AS
CONSTRUCTED IN PLACE; THENCE ALONG SAID CENTERLINE THE FOLLOWING FORTY-FOUR (44) COURSES:
1.)N35°59'23"E A DISTANCE OF 211.92 FEET
2.)ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 765.49 FEET AND A CENTRAL ANGLE OF
07°29'21"A DISTANCE OF 100.06 FEET(CHORD BEARS N32°14'43"E 99.99 FEET)
3.)N28°30'02"E A DISTANCE OF 200.49 FEET
4.)ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 744.03 FEET AND A CENTRAL ANGLE OF
22°08'17"A DISTANCE OF 287.48 FEET(CHORD BEARS N39°34'11"E 285.70 FEET)
5.)N50°38'19"E A DISTANCE OF 58.04 FEET
6.)ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 1,190.86 FEET AND A CENTRAL ANGLE OF
06°10'49"A DISTANCE OF 128.45 FEET(CHORD BEARS N47°32'55"E 128.39 FEET)
7.)N44°27'31"E A DISTANCE OF 96.31 FEET
8.)ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 872.68 FEET AND A CENTRAL ANGLE OF
23°16'52"A DISTANCE OF 354.60 FEET(CHORD BEARS N56°05'56"E 352.16 FEET)
9.)N67°44'22"E A DISTANCE OF 34.28 FEET
10.) ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 365.70 FEET AND A CENTRAL ANGLE
OF 15°25'20"A DISTANCE OF 98.44 FEET(CHORD BEARS N60°01'42"E 98.14 FEET)
11.) N52°19'02"E A DISTANCE OF 42.83 FEET
12.) ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 324.74 FEET AND A CENTRAL ANGLE
OF 13°08'35"A DISTANCE OF 74.49 FEET(CHORD BEARS N58°53'19"E 74.33 FEET)
13.). N65°27'37"E A DISTANCE OF 62.82 FEET
14.) ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 2,477.51 FEET AND A CENTRAL ANGLE
OF 05°14'21"A DISTANCE OF 226.54 FEET(CHORD BEARS N62°50'26"E 226.46 FEET)
15.) N60°13'16"E A DISTANCE OF 103.17 FEET
16.) ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 163.56 FEET AND A CENTRAL ANGLE .
OF 46°47'32"A DISTANCE OF 133.58 FEET(CHORD BEARS N83°37'02"E 129.89 FEET)
17.) S72°59'12"E A DISTANCE OF 17.63 FEET
18.) ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 164.95 FEET AND A CENTRAL ANGLE
•
OF 45°3T03"A DISTANCE OF 131.33 FEET(CHORD BEARS N84°12'17"E 127.88 FEET)
19.)' N61 023'45"E A DISTANCE OF 70.00 FEET
20.) ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 2,605.46 FEET AND A CENTRAL
ANGLE OF 04°35'04"A DISTANCE OF 208.48 FEET(CHORD BEARS N63°41'18"E 208.42 FEET)
21.) •N65°58'50"E A DISTANCE OF 228.26 FEET
22.) ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 488.66 FEET AND A CENTRAL ANGLE
OF 16°04'48"A DISTANCE OF 137.14 FEET(CHORD BEARS N57°56'25"E 136.69 FEET)
23.) N49°54'01"E A DISTANCE OF 53.11 FEET
24.) ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 179.59 FEET AND A CENTRAL ANGLE
OF 24°05'13"A DISTANCE OF 75.50 FEET (CHORD BEARS N61°56'38"E 74.94 FEET)
25.) N73°59'14"E A DISTANCE OF 131.13 FEET
26.) ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 501.30 FEET AND A CENTRAL ANGLE
OF 10°05'33"A DISTANCE OF 88.30 FEET(CHORD BEARS N68°56'28"E 88.19 FEET)
27.) N63°53'41"E A DISTANCE OF 233.05 FEET
28.) ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 146.55 FEET AND A CENTRAL ANGLE
OF 13°24'59"A DISTANCE OF 34.32 FEET(CHORD BEARS N70°36'11"E 34.24 FEET)
29.) N77°18'41"E A DISTANCE OF 120.26 FEET
30.) ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 118.27 FEET AND A CENTRAL ANGLE
OF 60°55'02"A DISTANCE OF 125.75 FEET(CHORD BEARS S72°13'48"E 119.91 FEET)
31.) S41°46'18"E A DISTANCE OF 32.90 FEET
32.) ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 247.36•FEET AND A CENTRA •ANGLE
OF 49°18'08"A DISTANCE OF 212.85 FEET(CHORD BEARS S66°25'22"E 206.34 FEET)
33.) N88°55'34"E A DISTANCE OF 277.01 FEET
34.) ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 159.42 FEET AND A CENTRAL ANGLE
OF 34°22'25"A DISTANCE OF 95.64 FEET(CHORD BEARS S73°53'13"E 94.21 FEET)
35.) S56°42'01"E A DISTANCE OF 30.71 FEET
36.) ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 134.48 FEET AND A CENTRAL ANGLE
OF 47°28'17"A DISTANCE OF 111.42 FEET(CHORD BEARS S80°26'09"E 108.26 FEET)
37.) N75°49'42"E A DISTANCE OF 235.64 FEET
38.) ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 474.82 FEET AND A CENTRAL ANGLE
OF 13°40'29"A DISTANCE OF 113.33
FEET(CHORD BEARS N82°39'57"E 113.06 FEET)
39.) N89°30'11"E A DISTANCE OF 475.82 FEET
40.) ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 163.61 FEET AND A CENTRAL ANGLE
OF 15°52'35"A DISTANCE OF 45.34 FEET(CHORD BEARS S82°33'32"E 45.19 FEET)
41.) S74°37'14"E A DISTANCE OF 65.31 FEET
42.) ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 122.95 FEET AND A CENTRAL ANGLE
OF 70°03'20"A DISTANCE OF 150.33 FEET(CHORD BEARS N70°21'06"E 141.14 FEET) •
43.) N35°19'26"E A DISTANCE OF 126.73 FEET
• 44.) ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 1,615:79 FEET AND A CENTRAL
ANGLE OF 04°05'38"A DISTANCE OF 115.45 FEET(CHORD BEARS N37°22'15"E 115.43 FEET)TO A POINT OF
INTERSECTION WITH NICKELSON CREEK ROAD; THENCE LEAVING SAID CENTERLINE OF CAPITOL CREEK
ROAD ALONG THE CENTER LINE OF NICKELSON CREEK ROAD THE FOLLOWING FIFTEEN (15) COURSES:
1.)S21°25'12"W A DISTANCE OF 113.57 FEET
2.)ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 586.30 FEET AND A CENTRAL ANGLE OF
09 03528"A DISTANCE OF 98.14 FEET(CHORD BEARS S26°12'56"W 98.03 FEET)
3.)S31°00'40"W A DISTANCE OF 39.56 FEET
4.)ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 293.00 FEET AND A CENTRAL ANGLE OF
25°37'23"A DISTANCE OF 131.03 FEET(CHORD BEARS S43°49'22"W 129.94 FEET)
5.)S56°38'02"W A DISTANCE OF 42.15 FEET
6.)ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 199.72 FEET AND A CENTRAL ANGLE OF
10°39'39"A DISTANCE OF 37.16 FEET(CHORD BEARS S51°1813"W 37.11 FEET)
7.)S45°58'24"W A DISTANCE OF 49.66 FEET
8.)ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 40.06 FEET AND A CENTRAL ANGLE OF
69°57105"A DISTANCE OF 48.91 FEET(CHORD BEARS S10°59'51"W 45.93 FEET)
9.)S23°58'42"E A DISTANCE OF 55.72 FEET
10.) ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 166.04 FEET AND A CENTRAL ANGLE
OF 33°1022"A DISTANCE OF 96.13 FEET(CHORD BEARS S07°23'31"E 94.80 FEET)
11.) S09°11'40"W A DISTANCE OF 96.29 FEET
12.) ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 437.80 FEET AND A CENTRAL ANGLE
OF 15°59'27"A DISTANCE OF 122.19 FEET (CHORD BEARS S01°11'56"W 121.79 FEET)
13.) S06°47'47"E A DISTANCE OF 38.31 FEET
14.) ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 717.51 FEET AND A CENTRAL ANGLE
ze-
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OF 06°34'29"A DISTANCE OF 82.34 FEET(CHORD BEARS S03°30'33"E 82.29 FEET)
15.) S00°1318"E A DISTANCE OF 50.04 FEET TO A POINT IN AN EXISTING GATE; THENCE LEAVING SAID
CENTERLINE N82°47118"E ALONG SAID GATE A DISTANCE OF 5.18 FEET TO A POINT IN AN EXISTING FENCE;
THENCE GENERALLY FOLLOWING SAID EXISTING FENCE THE FOLLOWING FORTY-NINE (49) COURSES:
1.)N79°05'13"E A DISTANCE OF 6.69 FEET
2.)S01°04'28"E A DISTANCE OF 76.08 FEET
3.)S01°49'41"E A DISTANCE OF 71.51 FEET
4.)SO4°24'08"E A DISTANCE OF 43.98 FEET
5.)S07°31'48"E A DISTANCE OF 31.96 FEET
6.)S24°24'17"E A DISTANCE OF 9.56 FEET
7.)S24°24'17"E A DISTANCE OF 5.50 FEET
8.)S28°45'01"E A DISTANCE OF 116.09 FEET
9.)N72°04'33"E A DISTANCE OF 146.14 FEET
10.) N71°41'14"E A DISTANCE OF 132.05 FEET
11.) N72°32'00"E A DISTANCE OF 117.92 FEET
12.) N72°43'08"E A DISTANCE OF 253.08 FEET
13.) N69°05'46"E A DISTANCE OF 55.40 FEET
14.) N71°18'25"E A DISTANCE OF 40.09 FEET
15.) N71°28'33"E A DISTANCE OF 79.33 FEET
16.) N72°21'37"E A DISTANCE OF 133.40 FEET
17.) S24°25'28"E A DISTANCE OF 137.34 FEET
18.) S23°40'36"E A DISTANCE OF 108.01 FEET
19.) S23°20'42"E A DISTANCE OF 245.46 FEET
20.) S05°56'12"E A DISTANCE OF 182.22 FEET
21.) S14°46'15"W A DISTANCE OF 86.78 FEET
22.) S15°01115"W A DISTANCE OF 251.66 FEET
23.) S15°10119"W A DISTANCE OF 154.34 FEET
24.) S14°34'26"W A DISTANCE OF 99.88 FEET
25.) S16°03'57"W A DISTANCE OF 97.31 FEET
26.) S14°53'43"W A DISTANCE OF 64.98 FEET
27.) S14°46119"W A DISTANCE OF 29.53 FEET
28.) S15°49'23"W A DISTANCE OF 58.66 FEET
29.) S12°58'13"W A DISTANCE OF 58.31 FEET
30.) S43°55'58"W A DISTANCE OF 31.54 FEET
31.) S34°33'12"E A DISTANCE OF 22.87 FEET
32.) S11°16'10"W A DISTANCE OF 67.81 FEET
33.) S36°09'26"W A DISTANCE OF 20.14 FEET
34.) S25°33'03"W A DISTANCE OF 16.94 FEET
35.) S16°05'41"W A DISTANCE OF 43.53 FEET
36.) S18°22'32"W.A DISTANCE OF 52.92 FEET
37.) N85°36'16"W A DISTANCE OF 17.06 FEET
38.) S15°08'52"W A DISTANCE OF 69.83 FEET
39.) S11°25'48"W A DISTANCE OF 120.52 FEET
40.) S12°09'10"W A DISTANCE OF 45.41 FEET
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41.) S11°22'53"W A DISTANCE OF 33.54 FEET
42.) S12°44'05"W A DISTANCE OF 58.09 FEET
43.) S09°19'52"W A DISTANCE OF 51.69 FEET
44.) 532°0221"E A DISTANCE OF 73.22 FEET
45.) S32°28'46"E A DISTANCE OF 56.95 FEET
46.) S33°14'57"E A DISTANCE OF 115.06 FEET
47.) S32°28'23"E A DISTANCE OF 130.24 FEET
48.) 533°48103"E A DISTANCE OF 118.09 FEET
49.) S33°03'14"E A DISTANCE OF 227.37 FEET; THENCE LEAVING SAID EXISTING FENCE S33°03'14"E A
DISTANCE OF 217.29 FEET; THENCE S00°0625"E A DISTANCE OF 1,287.84 FEET TO A POINT ON THE
SOUTHERLY BOUNDARY OF SAID SECTION 20; THENCE N89°14'15"W ALONG SAID SOUTHERLY LINE A
DISTANCE OF 118.19 FEET TO THE POINT OF BEGINNING.
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