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Home My WebLink AboutGrace Church Acquisition AGENDA ITEM SUMMARY MEETING DATE: September 12, 2018 AGENDA ITEM TITLE: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, AUTHORIZING ACQUISITION OF THE GRACE PARCEL STAFF RESPONSIBLE: Dale Will SUMMARY OF ISSUE: Should the BOCC ratify a contract to purchase a parcel of land of approximately 10 acres in Emma? BACKGROUND: The Grace Church has signed a contract to sell the County I0 of its 17 acres, for$600,000. The configuration of the 10 acres is depicted on the attached map. Acquisition of this area will add to our protection of farmlands and irrigation rights in the Emma area. The property lies directly west of the Emma Open Space, and includes significant water rights in the Home Supply Ditch. The property also includes approximately 800 feet of streambank along Sopris Creek. An interesting historical note is that the original patentee of this property was Gustavus Grace. s` The deed for the property of ,_rte ---- --_ /_ n Gustavius Grace, totaling 155.60 yxg UgIT6D STAfiES OF MEM A, acres, signed by the secretary r: -ter - 110•,•••,,• of then president of the United Aru - States Benjamin Harrison in 1897, is shown here.The Grace �--� property has been subdivided, and near the site of the old Emma ►- �' � _ schoolhouse a new Grace church -- was recently built, after much contentious and litigious debate with Pitkin County. r _ am. ._.r •••.• of r`,�,•,may„ -• Source "Basalt" by Bennett Bramson 2 16 Our contract includes contingencies for allocation of the water right,and mutual agreement to a site plan revision that will consolidate the Church's existing entitlements onto the 7 retained acres. The contract is also contingent on a subdivision necessary to create the 10 and 7 acre parcels. The Open Space program has similarly carved off portions of other parcels to allow acquisition of parcels with significant open space values. The Open Space program anticipates making this property available to agricultural lessees under our Agricultural Lease Bidding Process. See https://pitkincounty.com/DocumentCenter/View/87 I 3/Agricultural-Lease-Bid-Process?bidld= We currently have more demand than land under this successful program that is keeping fertile lands in production and helping to bolster a local food movement in our valley. LINK TO STRATEGIC PLAN: This project supports the Strategic Plan Goal to acquire and/or preserve lands with significant environmental values. KEY DISCUSSION ITEMS (ALTERNATIVES): Leaving this property in the ownership of the Grace Church would result in the eventual development of non-open space uses. BUDGETARY IMPACT: The transaction costs are well within the available capacity of the Open Space Fund. RECOMMENDED BOCC ACTION: Staff recommends that the Board of County Commissioners approve the attached Ordinance on first reading and set for public hearing on September 26, 2018. ATTACHMENTS: Map Ordinance 3 17 QJ c CO Q O r PALS . �� 4 —ion N CD (tII1 co co CC OC I (...0 O o I c V Hu O • d d U ..__... O ,- d "O Q i ll '.."--e:-' "/ . E/ a+P L V. i P A , ' : —Ilir , . —4 .....IF 1.11111115-"MR! 1 til . ..4(V., i —6,.. , C1-.111 t' • rp %..`► a .,. te _. ,r p} ^, f Pc♦ -I .' • t -*,,,• ,,r.A._ , A ,. fw+F� 'OA'', M _ .'"..1 It MO "t:.: r 0; . - 1. . ' .- ..,...; -•1'- .. - , Ali; • .II 1111` 1 ..:. iilkoj' llk'. . . ... • , . ,i„ ...., iiii'�s 1I it AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO,AUTHORIZING ACQUISITION OF THE GRACE PARCEL ORDINANCE NO. -2018 RECITALS: 1. Pursuant to 30-35-301 C.R.S.,the Board of County Commissioners("BOCC")of Home Rule Counties is authorized to make and publish ordinances for carrying into effect or discharging the powers and duties conferred upon such counties by law and as seems necessary. 2. Pursuant to Section 2.81 of the Home Rule Charter,the BOCC is authorized to take official action by Ordinance for certain matters where action is prescribed pursuant to the Colorado Revised Statues as amended. 3. 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. 4. The Open Space and Trails Program is charged with preserving open space lands and protecting historical routes of egress to the same. 5. A ten acre portion of the former Gretig parcel now owned by the Grace Church (the "Property")possesses agricultural and scenic values. 6. By historical coincidence,the original patentee of this property was Gustavus Grace. 7. The BOCC finds that adoption of this ordinance is necessary for the immediate preservation of the public health, safety and welfare of the citizens of Pitkin County and therefore declares this ordinance and legislation to be effective immediately upon adoption. 8. On September 4, 2018, the Pitkin County Open Space and Trails Board unanimously recommended that the BOCC approve the proposed Contract and Ordinance. 9. The Chair or Chair's designee shall be authorized to sign the documents necessary to complete • this transaction in substantially that form approved by the County Attorney. 1 19 NOW THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Pitkin County,Colorado that it hereby adopts an Ordinance Authorizing Acquisition of the Grace Parcel and authorizes the Chair or the Chair's designee to sign the Ordinance and upon the satisfaction of the County Attorney as to form,execute any other associated documents necessary to complete this matter. Further,that the Chair or the Chair's designee shall be authorized to: I. Approve an expenditure of up to $600,000 for the Grace Parcel (approximately 10 acres)and transaction costs up to $15,000. 2. Execute the acceptance of the deed of conveyance upon approval of the form by the County Attorney. 3. Execute other documents as necessary to complete the transaction upon approval of the • form by the County Attorney. 4. That adjustments be made to the year 2018 budget as follows: OPEN SPACE AND TRAILS FUND Previous This Revised Project Budget Change Budget Grace Parcel Acquisition Acquisition Cost $0 $600,000.00 $600.000.00 Estimated Transaction Costs $0 $ 15.000.00 $ 15,000.00 Total Expenditure SO 5615,000.00 S615,000.00 Signatures on next page 2 20 INTRODUCED AND FIRST READ ON THE 12TH DAY OF SEPTEMBER, 2018 AND SET FOR SECOND READING AND PUBLIC HEARING ON THE 26T11 DAY OF SEPTEMBER, 2018. NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE ORDINANCE PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE DAY OF , 2018. NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE ORDINANCE POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE ( www.pitkincountv.com )ON THE DAY OF 2018. ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON TIIE DAY OF 2018. PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN TIMES WEEKLY ON THE DAY OF 2018. POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN COUNTY WEBSITE(www.pitkincounty.com)ON THE DAY OF , 2018. ATTEST: BOARD OF COUNTY COMMISSIONERS By By: _. Jeanette Jones Patti Clapper, Chair Deputy County Clerk Date: APPROVED AS TO FORM: MANAGER APPROVAL John Ely, County Attorney Jon Peacock, County Manager Gary Tennenbaum, Director Open Space&Trails 3 21