HomeMy WebLinkAboutBocc Packet 11202013 Droste Access EasementMEETING DATE:
AGENDA ITEM TITLE:
AGENDA ITEM SUMMARY
November 20, 2013
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF PITKIN COUNTY, COLORADO
AUTHORIZING ACQUISITION OF THE DROSTE
ACCESS EASEMENT
STAFF RESPONSIBLE: Dale Will
SUMMARY OF ISSUE: Should the BOCC ratify a contract to purchase a permanent
administrative access easement to provide maintenance access onto Sky Mountain Park.
BACKGROUND: When purchased the Droste property in 2010, we secured an
"administrative access" easement over an existing bridge that lies within Parcel 10 of the
Brush Creek Ranch LIR-80 P.U.D. Ownership of Parcel 10 was retained by Bruce Droste,
where he maintains a house. The current easement provides that after this year our access
route must change to the proposed location of "La Reata Dr," a road originally proposed by
Peter Droste for development purposes. The existing easement was recorded on December
30, 2010 at Reception #576367. (See attached map) The construction of "La Reata Dr."
would require that we build both a new road and new bridge over Brush Creek, which is
undesirable from both a scenic and environmental standpoint. As a practical matter, our need
for vehicular access is limited to emergency response and habitat improvement work, the
later which is limited to every few years. Our adopted Sky Mountain Park Management Plan
has slated habitat improvements — thinning oak- for next year. The only other roads up to the
Sky Mountain ridgeline are the Radar Road and the Radio Tour Road, neither of which is
useful to access the areas on the north side of the Park where the habitat improvements are to
occur.
Bruce Droste has agreed to sell us a permanent extension of our right to use the existing road
and bridge for $40,000. He has expended a comparable sum for plantings along Brush Creek
Trail and wishes to recoup these costs. Long term savings to the Open Space program by
avoiding the need for a new road and bridge will exceed the proposed purchase price.
The County Attorney has advised that we should structure this transaction to execute a new
access easement granting permanent access on the existing ranch road and simultaneously
vacate the easement was recorded on December 30, 2010 at Reception #576367.
LINK TO STRATEGIC PLAN: This project strongly supports the Strategic Plan Goal to
preserve County assets as efficiently as possible.
KEY DISCUSSION ITEMS (ALTERNATIVES): The alternative would be to either build
a new road and bridge, to limit our activities to hand carried equipment.
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BUDGETARY IMPACT: The purchase price and transaction costs are well within the
available capacity of the Open Space Fund.
RECOMMENDED BOCC ACTION: Staff recommends that the Board of County approve
the attached Ordinance on first reading, and set for public hearing on December 4, 2013.
ATTACHMENTS: Map
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AN ORDINANCE OF THE
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO, AUTHORIZING ACQUISITION OF THE
DROSTE ACCESS EASEMENT
ORDINANCE # , SERIES OF 2013
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 providing open space and trails
resources, 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 agriculture, open space,
habitat, scenic view planes, water rights and river access.
3. In December of 2010 the Open Space Program acquired certain lands from the Droste family
which now comprise the center of Sky Mountain Park.
4. An administrative access easement was recorded on December 30, 2010 at Reception
#576367 which allowed use of an existing ranch road and bridge on Parcel 10 of the
Bruch Creek PUD for an initial term from 2011-2013, and required that after 2014 the
County's access across Parcel 10 would require construction of a new road and bridge.
5. Acquisition of a permanent easement on the existing ranch road will provide a long term
benefit to the careful stewardship of Sky Mountain Park.
6. On October 3, 2013, the Pitkin County Open Space and Trails Board recommended that the
BOCC approve the proposed purchase.
NOW THEREFORE BE IT ORDAINED by the Board of County Commissioners
of Pitkin County, Colorado, that:
1. The Board approves an expenditure of $40,000 for the Droste Access
Easement.
2. Upon approval of the form by the Open Space Director and County Attorney, the
Chair is authorized to execute a contract, easement deed, and other documents needed
to consummate this transaction.
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3. That adjustments be made to the year 2013 budget as follows:
OPEN SPACE AND TRAILS FUND
Droste Access Easement Acquisition
Acquisition Cost
Total Expenditure
Previous Revised
Budget This Change Project Budget
$0 $40,000 $40,000
$0 $40,000 $40,000
4 Upon execution of a permanent administrative access easement in the same
location as that provided by the easement recorded on December 30, 2010 at
Reception #576367 for the initial term from 2011-2013, the December 30, 2010
easement shall be vacated.
INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING ON THE 20th
DAY OF NOVEMBER, 2013.
NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF
THE ORDINANCE PUBLISHED IN THE ASPEN TIMES WEEKLY ON
, 2013.
NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE ORDINANCE
POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE POSTED ON THE
OFFICIAL PITKIN COUNTY WEBSITE ( www.aspenpitkin.com ) ON THE
DAY OF 2013.
ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE
DAY OF 2013.
PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE
ASPEN TIMES WEEKLY ON THE DAY OF 2013.
POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE POSTED ON THE
OFFICIAL PITKIN COUNTY WEBSITE ( www.aspenpitkin.com) ON THE
DAY OF 2013.
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
Jeanette Jones
Deputy Clerk
George Newman, Chair
Date:
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APPROVED AS TO FORM:
John Ely Jon Peacock
County Attorney County Manager
Dale Will, Director
Open Space and Trails Program
Ordinance -2013
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