The URL can be used to link to this page

Home My WebLink Aboutcrystal.island.ranch.easementsFIRST READING ON ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO APPROVING THE ACQUISITION OF CONSERVATION EASEMENTS ON 986-ACRES OF THE CRYSTAL ISLAND RANCH, AND APPROXIMATELY 90- ACRES OF ADJACENT LAND ALONG THE CRYSTAL RIVER, AND AUTHORIZING THE CHAIR TO EXECUTE THE NECESSARY DOCUMENTS I~rom: Dale Will/~ CC: Suzanne Wolff Dato: 1/6/2005 Re: Crystal Island Ranch (Jelinek) Acquisition As you are aware, the Open Space Board and Staff have been discussing conservation options with Richard Jelinek. Everyone involved has sought to achieve a goal of a final master plan for the Crystal Island Ranch that protects a significant acreage for habitat, scenery, and historic ranching. We have worked out a tentative deal that involves the County, the Jelineks, the Conservation Fund (TCF), and the Aspen Valley Land Trust (AVLT). As set forth in detail in the proposed Ordinance, the basic agreement is that Jelineks will encumber 552 acres of their properties with a conservation easement conveyed jointly to Pitkin County and the AVLT. AVLT, in turn, will convey to the County a joint interest in some 434 acres already subject to conservation easements. TCF holds remnants of the old Mautz Ranch acquired in partnership with the County in 2000. Approximately 90 acres of the TCF hold'mgs lie between the Crystal River and the Jelinek Properties. TCF will convey to the County and AVLT a conservation and trail easement that prohibits all development on this property, while conveying the fee title to the Jelineks. The trail easement will allow the general public to walk along the river on the old RR grade on the 90 acres. For this package, and subject to a subsequent, appraisal, the County will pay Jelineks $1,000,000, and will release the Deed of Trust we hold on the TCF property. The result will protect 1076 acres (see map). One additional nuance was devised to allow Jelineks to obtain TDRs on the land to be encumbered by the conservation easement. To do this, the easement will nominally reserve the right to build a 1000 ft sq. cabin for each 35 acres on a 535 area. These rights will be extinguished by certification of the TDRs prior to our cash payment. Hence, the effect will be to sterilize the acreage. Recommendation: hearing. Approve the Ordinance on first reading and set for public AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO APPROVING THE ACQUISITION OF CONSERVATION EASEMENTS ON 986 ACRES OF THE CRYSTAL ISLAND RANCH, AND APPROXIMATELY 90 ACRES OF ADJACENT LAND ALONG THE CRYSTAL RIVER, AND AUTHORIZING THE CHAIR TO EXECUTE THE NECESSARY DOCUMENTS ORDINANCE # -2005 Recitals The Pitkin County Open Space and Trails Program was created in 1990 for purposes that include preserving habitat, scenic lands, and historic agriculture. Richard Jelinek is the principal owner of Crystal Island Ranch ("CIR') and desires to convey a conservation easement on 535 acres of the CIR, and Debbie Jelinek is the owner of an additional separate 17 acres of CIR known as "Duck Meadows," and she desires to place a conservation easement thereon, with the result being a 552-acre conservation easement. The Aspen Valley Land Trust ("AVLT") holds conservation easements on an additional separate 434 acres of the Crystal Island Ranch and is willing to convey a part interest therein to Pitkin County. The Conservation Fund ("TCF") is the owner of approximately 90 acres adjacent CIR ("TCF Property") which Richard Jelinek desires to acquire in fee simple and is willing to accept subject to a conservation easement and public trail easement. The assemblage of 1,076 acres in conservation easements jointly held by AVLT and Pitkin County would ensure the protection of significant habitat, scenic open space, historic agriculture and would help protect the Crystal River Valley fi.om urban sprawl. Richard Jelinek has a demonstrated history of granting and protecting in perpetuity property in the Crystal River Valley. Richard and Debbie Jelinek has agreed to exchange a conservation easement on 552 acres for $1,000,000 plus the 90-acre Conservation Fund Property, restricted as noted above. Any excess of the fair market value of what Richard Jelinek conveys versus the consideration received being reflected as a bargain sale charitable contribution. The County will cooperate with processing documents related to a charitable contribution provided that an appraisal obtained by Richard Jelinek establishes conveyances of value in excess of consideration received. The Open Space and Trails Board recommended this purchase/exchange, as described further below, at its January 6, 2005 Board meeting. Ordinance # -2005 Page 2 NOW THEREFORE, BE IT ORDAINED, by the Board of County Commissioners of Pitkin County, Colorado as follows: 1. Consistent with the Recitals above, the Board approves the acquisition of the 552-acre Crystal Island Ranch Conservation Easement which shall be co-held by Pitkin County and AVLT, and 2. To facilitate the simultaneous certification of Transferable Development Rights ("TDRs") on 535 acres of the land on which the 552-acre conservation easement will be placed, said easement may reserve the right to build one (1) 1000 ft. sq. cabin for every 35 acres thereof consistent with Pitkin County Rural and Remote Zoning; provided however, that the contract that effectuates the transactions will require certification of such TDRs prior to the County payment for the 552-acre conservation easement pursuant to paragraph 5, so that the combined effect of the conservation easement and TDR certification will be that no residential structures may be developed within the 552-acre conservation easement area. Said area will be protected in its natural condition and limited to open space and agricultural uses. 3. The Board approves the acquisition of a conservation and trail easement on the TCF property east of the Crystal River, with the proviso that the fee interest in this land will be transferred to CIR. 4. The Board further approves the acquisition of a joint interest in the approximately 434 acres of CIR conservation easements currently owned by the AVLT. 5. The Board authorizes a payment of $1,000,000 to Richard Jelinek, subject to a condition that an appraisal confirms that the County is not expending a net of more than fair market value for the interests to be acquired/exchanged. 6. The Chair is authorized to execute a contract or contracts for the exchange/ purchases outlined above, in a form approved by the County Attorney and Open Space Director, provided that each conveyance is conditioned on the others closing. The Chair is further authorized to execute such other documents as may be necessary to finalize this transaction in a form approved by the Open Space Director and County Attorney. 7. Adjustments are made to the year 2005 budget as follows: LOPEN SPACE AND TRAILS FUND Crystal Island Ranch Easement Transaction Costs Total Previous Revised Budget This Change Proi Budget $ $ $ 0 1,000,000 1,000,000 0 10,000 10,000 0 1,010,000 1,010,000 Ordinance # -g005 Page $ INTRODUCED, FIRST READ AND SET FOR PUBLIC HEARING ON THE 12th DAY OF January 2005. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE 15th DAY OF JANUARY 2005. APPROVED UPON SECOND READING AND PUBLIC HEARING ON THE 26TM DAY OF JANUARY 2005. PUBLISHED AFTER ADOPTION IN THE ASPEN TIMES WEEKLY ON THE DAY OF _, 2005. ATTEST: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO Jeanette Jones, Deputy Pitkin County Open SPace and Trails Board , Chair County Manager: Approved as to Form: Hilary Fletcher Smith County Manager Open Space Director ~ Xttomey