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Home My WebLink Aboutbocc.ord.047.2004 AN ORDINANCE OF THE COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, ACCEPTING DONATION OF THE HAL FRENCH PROPERTY AND DESIGNATING THE SAME AS COUNTY OPEN SPACE. ORDINANCE #0~-/- 04 RECITALS Hal French, dba La Bodega del Rio, LLC, desires to donate a three acre property to Pitkin County's Open Space and Trails Program along with the donation of a conservation easement on the same to the Aspen Valley Land Trust, and The French Property is adjacent the Rio Grande Trail and River Road and would provide a natural buffer area to both those public rights of way. The Open Space and Trails Department has visited the property and finds that its acquisition by Pitkin County would further the public interest in maintaining recreational corridors and protecting natural habitat. The Pitkin County Home Rule Charter provides that properties acquired by means other than expenditures of the Open Space Fund may be elig/ble for maintenance by the Open Space and Trails Department is they are designated as Cotmty Open Space pursuant the Home Rule Charter and Title 12 of the Pitkin County Code. On October 21, 2004, the Open Space and Trails Board recommended that the French property donation be accepted by the County, and that the property further be designated as County Open Space. NOW THEREFORE, BE IT ORDAINED, by the Board of County Commissioners of Pitkin County, Colorado as follows: 1. The Board approves the acceptance of the French Property donation and designates this property as Pitkin County Open Space. The Board agrees to accept this property subject to a conservation easement held by the Aspen Valley Land Trust. Page: 1 of 6 12/29/2004 12:53 The Chair is authorized to execute such 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. INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING ON THE 27th DAY OF OCTOBER, 2004. NOTICE OF PUBLIC HEARING PUBLISHED IN THE WEEKEND EDITION OF THE ASPEN TIMES ON OCTOBER 30, 2004. APPROVED AT SECOND READING AND PUBLIC HEARING ON NOVEMBER 17, 2004. PUBLISHED AFTER ADOPTION IN THE WEEKEND EDITION OF THI~ ASPEN TIMES ON NOVEMBER ~ , 2004. ATTEST: Jea ette Jones De ty Clerk I~o~-othea Faltris, Cl~atir BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO APPROVED AS TO FORM: JohnEl , !Ii lu. Dal~#i~Dire[tor Open Spaee and Irails Program I-Iilar¥ Fleicher Smith County Manager PaGe: 2 of 6 12/29/2004 12:531 SILVIA DAVIS PITKIN COUNTY CO R 0.00 D 0.00 French Donation ~ French Property [~ Land To Be Donated ' - · Trails Roads ..... Topographic Lines (10 fi:) ~ Feet 0 125250 500 .ORT. 'i . Co~y Point W/J SlLVIA DRVIS PITKIN COUNTY CO R 0.00 D 0.00 October 21, 2004 POLICY TITLE: REAL PROPERTY ACQUISITION AND DISPOSITION POLICY TYPE: Operations CONTACT: County Manager SCOPE: This policy applies to all County departments. PURPOSE: To describe the policies and procedures for the County's acquisition and disposition of interests in real property. POLICY: It is the policy of the Board of County Commissioners of Pitkin County that the following policies and procedures shall apply to the acquisition and disposition of interests in real property. PROCEDURES: Ordinance Requirement. The Pitkin County Home Rule Charter, Section 2.8.1.l, requires an ordinance for the granting of easements in public lands, acquisition, vacation, sale or lease in excess of one year of public lands, and for authorization of proceedings in eminent domain. Ail ordinances regarding acquisition or disposition of County real properly shall include a reference to the parcel identification number. Review Requirements on Acquisitions. Any real property acquisition, whether by donation, exaction, purchase, dedication, or otherwise, shall require a staff review and recommendation which includes the follo~ving: a. The acquisition is suitable for the purpose intended, after a site review by the County Open Space Land Steward, County Wildlife Officer, County Engineer, and/or such other staff as appropriate. b. The County Attorney's office has determined that there are no title issues, environmental issues, or survey issues that would adversely affect the purpose for which the acquisition is being made. A title commitment, environmental assessment, and boundary and improvement survey shall be reviewed by the County Attorney for each parcel and conservation easement acquisition, unless the County Attorney determines there is no need for these reports. For other acquisitions, at least a title commitment is required and such other reports or surveys as the County Attorney may require. c. The County Attorney has approved the form of deed or other document of conveyance attached to the Ordinance. d. The acquisition does not create maintenance responsibilities or other liabilities to the County that outweigh its value for the purpose intended. e. Any development approval necessary for the property to be conveyed legally has been obtained or otherwise provided for. f. Arrangements have been made to collect all taxes, including pro rata taxes through the date of closing. g. In addition, for proceedings in eminent domain, the County Attorney's office has determined that any statutory requirements and prerequisites have been satisfied. h. For Open Space acquisitions, the Open Space and Trails Board has recommended the acquisition. Gifts of Property. In addition to the review requirements above, for potential gifts of real property, the donor shall be responsible for providing title insurance, an environmental assessment, and a boundary and improvement survey, unless the County Attorney determines there is no need for these reports. Any potential gift of property shall be reviewed by both Open Space and Trails and Public Works to analyze its benefit to the County. Exactions. The acquisition of property through the development process, whether the property is a trail easement, an avigation easement, a fishing easement, a new County road, a parcel, or nther~vise, is subject to these policies and procedures. If the acquisition or disposition is associated with a land use approval, the conveyance must be completed prior to recordation of any required plat or site plan. In the event that the exaction involves a conveyance of property to a third party, such as a conservation easement held by an entity other than the County, the review requirements set forth in this policy still apply, other than the ordinance requirement. Page: 4 of B 12/29/2004 12:53[ 5ILVIA DAVIS PITKIN COUNTY co R 0.00 D 0.00 2 October 2'1, 2004 Disposition of Real Property. Except as provided in this section, no County real property may be sold or otherwise disposed of tmless it is in the best interest of the public and the County to do so, and unless the sale or disposition is consistent with any applicable law or condition of acquisition, as determined by the Board of County Commissioners. Property acquired with Open Space and Trails Funds may only be voluntarily disposed of through the procedure set forth in Home Rule Charter Section 13.5.3. Property acquired by the County through tax sales may be disposed of as provided in state statutes. Notificafion. The department acquiring or disposing of real property is responsible for notifying the County's Risk Management Department, GIS, Finance, and Public Works of any real property the county has leased, purchased, sold, or otherwise acquired or disposed of. When acquisitions require payment of County funds, Finance needs sufficient advance notice of the closing in order to arrange for the funds transfer. Asset List, Recording of Deed. The department acquiring or disposing of real property is responsible for notifying the County's Finance Department of any real property the County has leased, purchased, sold, or otherwise disposed of at the time the action is taken. The department acquiring or disposing of the asset is also responsible for having the deed or other documents recorded. Once a deed is recorded for a parcel of land, the Assessor's Office updates the County property data base and GIS updates the County property map. For acquisitions and dispositions of real property other than parcels, the department acquiring or disposing of the interest is responsible for updating the applicable asset list. Original deeds and title policies to Attorney's Office: Once recorded, any original deed of real property to the County shall be delivered to the Attorney's Office, together with the original title insurance policy, if any. The Attorney's Office shall maintain a list of deeds and policies, and shall store the originals in the Treasurer's Vault. Page: 5 of' 6 12/29/2004 12:53; $ILVIA DAVIS PITKIN COUNTY CO R 0.00 D 0.00 3 LEGAL DESCRIPTION LA BODEGA DEL RIO (aka FRENCH) DONATION A parcel of land located in the southeast quarter of Section 16, Township 9 South, Range 85 West of the Sixth Principal Meridian, County of Pitkin, State of Colorado, bounded by the following: On the North by the Property described in Book 193 Page 228 of the records of Pitkin County; on the East by the westerly Right-Of-Way of the former Denver and Rio Grande Western Railroad; on the South by the South Section Line of said section l 6; on the West by the easterly Right-Of-Way of Upper River Road as described in Book 390 Page 956 of said Pitkin County records. Containing 3.0 acres more or less. Page: 6 of 6 1.2/29/2004 12:53F