HomeMy WebLinkAbout20080213neileyAGENDA ITEM SUMMARY
WORKSESSION OR REGULAR MEETING DATE: February 13, 2008
AGENDA ITEM TITLE: Ordinance Accepting Neiley Conservation Easement
STAFF RESPONSIBLE: Dale Will
SUMMARY OF ISSUE: Rick Neiley desires to donate aconservation/public access
easement just below the lower Woody Creek Bridge, and a County Ordinance is required to
accept this.
BACKGROUND:
Rick Neiley owns approximately one acre of land on the east bank of the Roaring Fork River,
just below the Gerbaz bridge. (See map) This land has limited development potential as a
result of it being named as an open space area in the Koch subdivision. A barn could be
placed on the site.
Public access easements qualify as a type of conservation easement under federal and State
tax incentives. Mr. Neiley desired to donate such an easement on a portion of his parcel to
Pitkin County in 2008, and executed and recorded the same last year, with the knowledge
that an Ordinance is required to confirm County ownership of the same. The easement
provides public access from the existing pull-out that lies partially on the southern boundary
of the parcel, to the river, and along the river to the northern boundary. The easement allows
the County to construct such improvements as may be needed by anglers and boaters. The
Open Space and Trails Board voted unanimously to recommend that the County
Commissioners accept this gift.
KEY DISCUSSION ITEMS:
River access along the Roaring Fork is in high demand by by both anglers and boaters.
This river access area would allow such access.
RECOMMENDED BOCC ACTION:
Approve the Ordinance authorizing Pitkin County to accept this conservation easement.
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AN ORDINANCE OF THE
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO, ACCEPTING THE CONVEYANCE
BY RICHARD NEIL,EY TO PITKIN COUNTY OF A CONSERVATION EASEMENT
CREATING VALUBLE RIVER ACCESS TO THE ROARING FORK RIVER.
ORDINANCE #08-
RECITALS
The voters of Pitkin County and the Pitkin County Commissioners established an
Open Space and Trails Fund for the purposes of preserving and developing open
space and trails resources in Pitkin County, and established an Open Space and
Trails Board of Trustees to guide the expenditure of those funds; and,
2. Richard Neiley owns a parcel of land near the north Woody Creek Bridge; and,
3. On December 27, 2007, Mr. Neiley granted a conservation easement to Pitkin
County which provides public access from the adjacent county road to the Roaring
Fork River and along its banks; and,
3. The Open Space and Tails Board moved to recommend that Pitkin County accept
this conservation easement; and,
4. The County Commissioners of Pitkin County wish to accept the conveyance of this
conservation easement, which will be monitored by the Open Space Department;
and,
NOW THEREFORE BE IT ORDAINED by the Board of County
Commissioners of Pitkin County, Colorado, that:
1. The BOCC hereby accepts a conservation easement from Richard Neiley which
creates public access to the Roaring Fork River.
2. Upon final approval by the County Attorney and County Open Space Director, the
Chairman of the Board is hereby authorized and directed to execute and/or accept
any and all documents necessary to complete the transaction which may be
necessary to effect said conveyance.
INTRODUCED, FIRST READ AND SET FOR PUBLIC HEARING AT
THE REGULAR MEETING on the 23rd Day of January, 2008
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES
WEEKEND EDITION on January 27, 2008.
APPROVED AND ADOPTED AFTER SECOND READING AND PUBLIC
HEARING on the 13th day of February, 2008
PUBLISHED AFTER ADOPTION IN THE ASPEN TIMES WEEKEND
EDITION on the 24th day of February, 2008
ATTEST:
Jeanette Jones
Deputy Clerk & Recorder
APPROVED AS TO FORM:
John Ely, County Attorney
RECOMMENDED FOR ADOPTION:
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
By:
Jack Hatfield, Chairman
Date:
MANAGER APPROVAL:
Hilary Fletcher, County Manager
Dale Will, Director
Open Space and Trails