HomeMy WebLinkAboutbocc.res.040.2021RECEPTION#: 680154, R: $0.00, D: $0.00, 09/03/2021 at 10:12:18 AM, Pgs 1 of 3, Janice K. Vos Caudill, Pitkin County, CO
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY, COLORADO, AUTHORIZING THE DESIGNATION OF THE RIVER AREA
ON THE PHILLIPS PROPERTY AS PITKIN COUNTY OPEN SPACE
RESOLUTION NO. 040-2021
RECITALS
WHEREAS, Pursuant to 30-35-301 C.R.S., the Board of County Commissioners ("BOCC") of
Pitkin County, Colorado a Home Rule County is authorized to make and publish resolutions for
carrying into effect or discharging the powers and duties conferred upon such counties by law
and as seems necessary, and
WHEREAS, Pursuant to Section 2.8.1 of the Home Rule Charter ("HRC"), the BOCC is
authorized to take official action by Resolution for certain matters where action is prescribed
pursuant to the Colorado Revised Statutes as amended, and
WHEREAS, 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,
and
WHEREAS, The Open Space and Trails Program is charged with preserving open space lands, and
WHEREAS, The County Home Rule Charter, at section 13.1.3, provides for the use of Open Space
Funds for "managing, maintaining, rehabilitating, and preserving County open space and trails either
acquired from the Open Space and Trails Fund or acquired from other sources and designated from
time to time by the Board of County Commissioners after consulting with the Open space and Trails
Board", and
WHEREAS, Title 12 of the Pitkin County Code, section 1-2, provides that designation of Open Space
and Trails shall occur pursuant to Resolution or Ordinance, and
WHEREAS, Pitkin County Acquired the Phillips Mobile Home Park in 2019, and the river access for
recreation has been open to the public, and
WHEREAS, Home Rule Charter, Article 13, section 1.3 and Title 12, Pitkin County Code, Section
1-2 allow the BOCC to designate County lands as Open Space and thereby assign them to the Open
Space Department for stewardship, and
WHEREAS, the Phillips property was purchased with housing funds and has ongoing public use of
the river area for recreational purposes, the assignment to Open Space is for an interim period pending
the determination of which portions of the property should be re -conveyed to recoup housing funds,
and
RECEPTION#: 680154, 09/03/2021 at 10:12:18 AM, Pgs 2 of 3, Janice K. Vos Caudill, Pitkin County, CO
WHEREAS, five (5) feet above the bank and within the watercourse of the Roaring Fork River
located within the boundaries of the Phillips property, as depicted on Attachment A, is hereby
named, declared, and designated as Pitkin County Open Space and Trails property until December
30, 2023, provided that such designation may be extended by subsequent action of the board.
WHEREAS, the Pitkin County Open Space and Trails Board unanimously recommends this
designation, and
WHEREAS, The BOCC finds that adoption ofthis Resolution is in the best interest of the
citizens of Pitkin County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Pitkin
County, Colorado that it hereby adopts a Resolution of the Board of County Commissioners
Authorizing the Designation of the River Area at Phillips Mobile Home Park as Pitkin County
Open Space and authorizes the Chair to sign the Resolution and upon the satisfaction of the
County Attorney as to form, execute any other associated documents necessary to complete this
matter.
INTRODUCED, READ AND ADOPTED ON THE 9th DAY OF JUNE, 2021
ATTEST: BOARD OF COUNTY COMMISSIONERS
By it,allu 11, 3ol u,S
Jeanette Jones
Deputy County Clerk
By:
Kelly McNicholas Kurys Chair
Date: Sep-01-2021
APPROVED AS TO FORM: MANAGER APPROVAL
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John Ely, County Attorney Phylis Mattice for Jon Peacock, County Manager
Attachments;
A. Phillips Property Public Fishing Area Map
RECEPTION#: 680154, 09/03/2021 at 10:12:18 AM, Pgs 3 of 3, Janice K. Vos Caudill, Pitkin County, CO
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