HomeMy WebLinkAboutbocc.con.256.23 - BOCC AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, APPROVING AND ACCEPTING LOT 6 ASPEN RIVER
VALLEY RANCH TRAIL EASEMENT
ORDINANCE NO. 021-2023
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 ordinances 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 Ordinance 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 (“OSTB”) to guide the
expenditure of those funds and make recommendations to the BOCC, and;
WHEREAS, The Open Space and Trails Program is charged with protecting agriculture, open space, habitat, scenic view planes, and recreational routes on public lands, and;
WHEREAS, Robert Oxenberg and Maureen McCluskey Oxenberg (the “Grantor”), own the
39.08 acre Lot 6 Aspen River Valley Ranch property located along the Roaring Fork River at 2520 Lower River Road (the “Property”), and; WHEREAS, The BOCC granted the Property land use approvals pursuant to BOCC Resolution No.
049-2020 (the “Land Use Approvals”) recorded in the official records of Pitkin County Reception #
665417. The Land Use Approvals are conditioned on Grantor’s conveyance of a Rio Grande trail easement for the portion of the trail that is outside the of the RFTA Right-of-Way, and; WHEREAS, the Pitkin County OSTB recommended that the easements associated with the
approval of the Lot 6 Aspen River Valley Ranch be approved and accepted by the BOCC and
designated as an Open Space and Trails asset, and; WHEREAS, The BOCC finds that adoption of this ordinance is in the best interest of the citizens of Pitkin County.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Pitkin
County, Colorado that it hereby adopts an ordinance approving and accepting Lot 6 Aspen River
Valley Ranch trail easement 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.
INTRODUCED AND FIRST READ ON THE 24TH DAY OF MAY, 2023 AND SET FOR
SECOND READING AND PUBLIC HEARING ON THE 14TH DAY OF JUNE 2023.
NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE ORDINANCE PUBLISHED IN THE ASPEN DAILY NEWS ON THE 1ST DAY OF JUNE, 2023.
NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE ORDINANCE POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.pitkincounty.com ) ON THE 1ST DAY OF JUNE 2023.
ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE 14TH DAY OF
JUNE 2023. POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.pitkincounty.com ) ON THE 15TH DAY OF JUNE, 2023.
PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN DAILY NEWS ON THE 22ND DAY OF JUNE, 2023.
ATTEST: BOARD OF COUNTY COMMISSIONERS
By _________________________ By: _____________________________
Julia Ely Francie Jacober, Chair Deputy County Clerk Date: ______________
APPROVED AS TO FORM: MANAGER APPROVAL ___________________________ _________________________________
Richard Y. Neiley III, Asst. County Phylis Mattice for Jon Peacock, County Manager
Attorney
Jun-15-2023