HomeMy WebLinkAboutbocc.ord.013.2002 002
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AN ORDINANCE OF THE COUNTY COMMISSIONERS OF
PITKIN COUNTY, COLORADO,
APPROVING ACQUISITION OF FILOHA MEADOWS
ORDINANCE # /f-Veal.
RECITALS
1. The Pitkin County Open Space and Trails Board of Trustees is charged with the
responsibility of acquiring open space properties within Pitkin County, and;
2. The Pitkin County Open Space and Trails Board of Trustees has designated
certain types of properties as priority acquisitions, with scenic lands and habitat
lands as priorities.
3. The approximately 50-acre Filoha Meadows ("Property") is possessed of
outstanding scenic and habitat values. It was once part of the Kelly Grange
Ranch which also included the Hot Springs Ranch which the County purchased
last year. If similarly acquired, Filoha Meadows would remerge with the Hot
Springs parcel and constitute a contiguous 185-acre meadow of superlative scenic
and habitat value.
4. The Johnson family currently owns a total of approximately 63 acres. The
County will acquire approximately 50 acres comprising all of the land east of the
Crystal River except for an approximately 2-acre piece surrounding an existing
greenhouse. This two-acre piece would be subject to a conservation easement and
would remain part of the Johnsons' retained lands.
4. The Property is highly visible from the Highway 133 Scenic Byway and contains
critical winter range for big horn sheep and elk.
5. As part of the deal, the Johnsons will complete a lotline adjustment with their
daughter, who lives on adjacent land on the south, the result of which will be
conveyance to the County of the former Crystal River Railroad Grade linking Hot
Springs Ranch to an existing County Easement through the Wild Rose
subdivision, and on to Redstone. The Sellers do not wish this open to general
public access for three years following the closing date.
6. Open Space and Trails, on behalf of Pitkin County, was awarded a GOCO a grant
of up to $235,000 for this acquisition.
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6. On June 12, 2002 the Open Space and Trails Board passed a resolution
recommending the expenditure of up to $800,000 for the acquisition of the
Property.
NOW THEREFORE, BE IT ORDAINED, by the Board of County Commissioners of Pitkin
County, Colorado as follows:
1. The Board approves an expenditure of up to $800,000, minus any amount awarded by
Great Outdoors Colorado, for the purchase of the approximately 50-acre Filoha
Meadows Property under terms substantially the same as provided in the Filoha
Meadows purchase contract dated June 4, 2002.
2. The Chair is authorized to execute a contract for the purchase of the property
following approval of the form by the County Attorney's office and Open Space
Director, and is authorized to execute such other documents, as may be necessary to
finalize this transaction following approval of the form of those documents by the
County Attorney's office and Open Space Director.
3. That adjustments be made to the year 2002 budget as follows:
OPEN SPACE AND TRAILS FUND
Previous Revised
Budget This Chanee Proi Budget
GOCO Grant Revenue 0 235,000 235,000
Filoha Meadows expenditures 0 800,000 800,000
OPEN SPACE AND TRAILS FUND TOTAL
NET REVENUE (EXPENDITURES) CHANGE 565,000 565,000
INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING ON THE 12th
DAY OF JUNE, 2002.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE WEEKEND EDITION
OF THE ASPEN TIMES ON THE 15TH DAY OF NNE, 2002.
APPROVED AT SECOND READING AND PUBLIC HEARING ON THE 26th
DAY OF JUNE, 2002.
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PUBLISHED AFTER ADOPTION IN THE WEEKEND EDITION OF THE
ASPEN TIMES ON THE 6TH DAY OF JULY, 2002
ATTEST: BOARD OF COUNTY
COMMISSIONERS
OF PITKIN COUNTY, COLORADO
r
Se, ette Jones Patti Kay-Cla er
D6puty Clerk Chairperson
/ Date: Z�f/ —1
APPROVED AS TO FORM:
John Ely Hilary S th
Con y County anager
Da , irector
Open Space and Trails Program
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EXHIBIT A
Aproximately fifty acres of the property known as "Filoha Meadows"being part of the
E1/2SWIA lying on the east side of the Crystal River and part of the N1/2 lying on the
east side of the Crystal River, Section 4, Township 10 South, Range 88 West of the Sixth
P.M. Pitkin County Colorado, depicted more fully in yellow on Exhibit D hereof. The
exact leaga descriptoin of the approximately fifty acre tract of land shall be set forth on
the survey to be prepared as provided in paragraph 5(a) of this contract
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EXHIBIT B
Water Rights Conveyed to Pitkin County
All of the Seller's water rights for the Wilke Ditch, including an undivided one-half of
the water rights adjudicated to the Wilke Ditch, as referenced in the deed recorded at the
Pitkin County Clerk and Recorder's Office at Book 368 Page 731.
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EXHIBIT C
Water Rights Retained by the Seller
Twenty (20) gallons per minute or 25% of the flow from the cold springs pipeline that
serves the Grange (Hot Springs Ranch) residence and undivided 1/3 interest in and to the
Penny Hot Springs, together with a pipeline easement across the Hot Springs Ranch,
Pitkin County Clerk and Recirder's Office Book 368 Page 731 and Book 445 Page 276.
.088 cfs of the Johnson Cold Springs Ditch, appropriated March 21, 1979, per District
Court Ruling for Water Division 5 case number 79CW319.
1.5 acre feet of water with the appropriation date of August 11, 1986 for the Firefly pond,
per District Court Ruling for Water Division 5 case number 85CW597.
.I 1 cfs awarded to the Firefly well and the Elk well, per District Court Ruling for Water
Division 5 case number 90CW169.
Any other water rights owned by the Seller that are not listed in Exhibit B.
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