HomeMy WebLinkAboutsmuggler.purchase.MAAFIRST READING AND PUBLIC HEARING ON DRAFT
ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY APPROVING ACQUISITION OF THE
AXTEL AND PROTECTION MINING CLAIMS
.AGENDA ITEM SUMMARY
REGULAR or WORK SESSION (PICK ONE) MEETING DATE: April 9, 2003
AGENDA ITEM TITLE: Ordinance App~chas~AA Property on Smuggler
Mountain
STAFF RESPONSIBLE: Dale Will
DESCRXPTION OF ISSUE: Should the County and City jointly purchase 20 acres on
Smuggler Mountain offered by the Music Associations of Aspen?
The MAA property is the last private land along the road to Warren Lakes. Purchase by
the City and County will be one step closer toward the long held community goal of
public ownership of Smuggler Mountain. The MAA has agreed to sell this for $650,000
which is the same as the purchase price of the 20-acre BaldwirffMoses property. On
April 2, the City Open Space Board formally recommended that the City split this with
the County, with the proviso that they Would like a third party to hold a conservation
easement on the property as is the case at North Star.
Because part of the MAA property is zoned Rural and Remote, the MAA has further
agreed to attempt to sell the TDR from the property and credit the proceeds against our
price. If they are unable to sell the TDR by the propOsed closing on August 30, the TDR
will go into escrow and the ultimate sale proceeds will be used to reimburse County and
City expenditures toward the purd4~ase.
On April 3, 2003, the County Open Space Board formally recommended to you that the
County spend up to $325,000 from the Open Space and Trails fund for this purchase.
RECOMMENDED BOCC ACTION: Approve the Ordinance authorizing the Purchase
of the MAA property.
AN ORDINANCE OF THE COUNTY COMMISSIONERS OF
PITI<IN COUNTY, COLORADO,
APPROVING ACQUISITION OF THE AXTEL AND PROTECTION MINING CLAIMS
ORDINANCE # - 03
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 Axtel and Protection Mining Claims, owned by the Music Associates of
Aspen and consisting of approximately 20 acres, is possessed of outstanding
scenic and wildlife values.
4. The Property, which is zoned in part AFR 10, and in part, Rural and Remote,
could be developed in a inanner that Would seriously degrade its scenic and
wildlife values.
5. On April 3, 2003 the Open Space and Trails Board passed a motion
recommending the expenditure of up to $325,000 of Pitkin County OST funds for
the acquisition of the Property, to be matched equally by the City of Aspen. The
total purchase price of $650,000 shall be reduced by the proceeds from the sale of
the TDR associated with the property by MAA prior to the closing, such sale
price to be subject to approval by the County. In the event that the TDR is not
sold before the closing date as set in the contract, the Property shall be purchased
for the full purchase price and TDR shall be escrowed until the County is able to
sell the TDR. Net proceeds from the TDR shall be split equally between the
County and the City.
NOW THEREFORE, BE IT ORDAINED, by the Board of County Commissioners of Pitkin
County, Colorado as follows:
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1. The Board approves an expenditure of up to $325,000 for the purchase of the
approximately 20-acre Property, to be matched equally by the City of Aspen. The
total purchase price of $650,000 shall be reduced by the proceeds from the sale of the
TDR associated with the property by MAA prior to the closing, such sale price to be
subject to approval by the County if less than $200,000. In the event that the TDR is
not sold before the closing date of August 30, 2003, the Property shall be purchased
for the full purchase price and TDR shall be escrowed until the County is able to sell
the TDR. Net proceeds from the TDR shall be split equally between the County and
the City.
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 2003 budget as follows:
[-~PEN SPACE AND TRAILS FUND
Previous Revised
Budget This Change Proi Budget.
$ $ $
MAA Parcel expenditures 0 325,000 325,000
OPEN SPACE AND TRAILS .F_UND TOTAL -. 0
NET REVENUE (EXPENDITURES) CHANGE
INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING ON THE 9th
DAY OF APRIL, 2003.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE WEEKEND EDITION
OF THE ASPEN TIMES. ON THE 12th DAY OF APRIL, 2003.
APPROVED AT SECOND READING AND PUBLIC HEARING ON THE 23th
DAY OF APRIL, 2003.
PUBLISHED AFTER ADOPTION IN THE WEEKEND EDITION OF THE
ASPEN TIMES. ON THE 3rd DAY OF MAY, 2003.
ATTEST: BOARD OF COUNTY
COMMISSIONERS
OF PITI(IN COUNTY, COLORADO
Jeanette Jones
Jack Hatfield
Deputy Clerk Chairman
Date:
APPROVED AS TO FORM:
Co?l ~Attorney ? /~
.~,~ .~.. /~/~//~ County M4~nager
'D~ Wi
Open S ~ace and Trails Program
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