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HomeMy WebLinkAboutsmuggler_mountainAN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO AUTHORIZING THE PURCHASE, ACCEPTANCE AND ACQUISITION OF SMUGGLER MOUNTAIN PROPERTIES ORDINANCE # -2005 Recitals 1. The greater Smuggler Mountain area, located east of the City of Aspen in Pitkin County, has remained largely vacant and undeveloped during the growth of the resort community. 2. The public land areas around Smuggler Mountain as well as the Smuggler Mountain cotmty road have become heavily utilized recreational amenities for the residents of Pitkin County. This area of Pitkin County stands in dramatic contrast to other areas of private land surrounding the City of Aspen, which have been subject to intense development densities over the years. 3. Recently, since the inception of the voter-authorized Open Space and Trails program and fund, Pitkin County has been able to acquire some property interests in the Smuggler Mountain area. These properties have been acquired in order to maintain open space and recreational amenities for Pitkin County residents. However, the majority of land on Smuggler Mountain has continued to be held in private ownership with a development potential that could dramatically change the character of the mountain and the surrounding community. 4. The majority of the property on Smuggler Mountain is owned or controlled by George M. Wilkinson. Negotiations between Pitkin County and Mr. Wilkinson have presented an opportunity to acquire his properties for their open space and recreational benefits to the cormnunity while compensating Mr. Wilkinson for their value. NOW, THEREFORE, BE IT ORDAINED, that the Board of County Commissioners approves the pumhase of real property on Smuggler Mountain particularly the mining claims known as: Tiger, USMS 3937; Snowstorm and Rainstorm, USMS 6270; Rainstorm No. 2, USMS 6318; Regent, USMS 3936; Park, USMS 3935; Lizzie, USMS 4702; Alpine and Bushwacker, USMS 6642; North Star, USMS 6145, Jay Gould, USMS 1794; Cascade No. 2, Joplin No. 2 and Iowa No. 2, USMS 6948; Ballarat, USMS 4438; General Jackson, USMS 3941; J.C. Johnson, USMS 1436; Robert Emmet, USMS 6044 and Pride of Aspen, USMS 7883, along with associated mineral and water interests from George M. Wilkinson, Echo Films and Fidelity Trust Building, Inc. This acquisition shall be for a total price of $15,000,000.00, contingent upon contribution and participation by the City of Aspen of one-half (½) of the total purchase price and costs to accept these properties with Pitkin County. Ordinance # -2005 Page 2 It is further ordained that the Chair or Chair's designee is authorized to execute all contracts, documents, settlements, warrants and all other instruments, in the form approved by the County Attorney, to effectuate the acquisition and the pumhase of all real estate, water rights and mineral interests owned or controlled by Mr. Wilkinson, Echo Films and Fidelity Building Trust, Inc., located on or near Smuggler Motmtain in unincorporated Pitkin Cotmty. The Board of County Commissioners finds that adoption of this ordinance is necessary for the immediate preservation of the public health, safety and welfare of the citizens ofPitkin Cotmty and therefore declares this ordinance and legislation to be effective immediately. iNTRODUCED, FIRST READ AND SET FOR PUBLIC HEARING ON THE 2ND DAY OF NOVEMBER 2005. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE 6TM DAY OF NOVEMBER 2005. APPROVED UPON SECOND READING AND PUBLIC HEARING ON THE 16TM DAY OF NOVEMBER 2005. PUBLISHED AFTER ADOPTION IN THE ASPEN TIMES WEEKLY ON THE DAY OF ,2005. THIS ORDINANCE SHALL BECOME EFFECTIVE IMMEDIATELY AFTER FINAL ADOPTION BY THE BOARD OF COUNTY COMMISSIONERS. ATTEST: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO Jeanette Jones, Deputy Clerk Patti-Kay Clapper, Chair County Manager: Approved as to Form: 'lary F~cher Smith John M. ~tomey