HomeMy WebLinkAboutresolution.council.077-21 RECEPTION#: 680849, R:$18.00, D:$0.00
DOC CODE: RESOLUTION
Pg 1 of 2,09/24/2021 at 10:42:37 AM
RESOLUTION#77 Janice K.Vos Caudill, Pitkin County, CO
(Series of 2021)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING THE AGREEMENT FOR CONVEYANCE OF CONSERVATION EASEMENT
IN EXCHANGE FOR A PARCEL OF LAND, THE DEED OF CONSERVATION
EASEMENT AND THE LANDSCAPING AND YARD EASEMENT AGREEMENT BY AND
BETWEEN R.D. OLSON INVESTMENTS II, LLC, A CALIFORNIA LIMITED LIABILITY
COMPANY AND THE CITY OF ASPEN, ALL BEING SUBJECT TO AND CONDITIONED
UPON VOTER APPROVAL.
WHEREAS, there has been submitted to the City Council an Agreement for Conveyance
of Conservation Easement in Exchange for a Parcel of Land,to which is attached a Deed of
Conservation Easement and a Landscaping and Yard Easement Agreement by and between R.D.
Olson Investments II, LLC, a California Limited Liability Company and the City of Aspen,true
and accurate copies of which are attached hereto as Exhibit"A"; and
WHEREAS,pursuant to Section 13.4 of the Home Rule Charter of the City,the City
Council shall not sell, exchange or dispose of public building, utilities or real property in use for
public purposes, including real property acquired for open space purposes, without first obtaining
the approval of a majority of the electors voting thereon. Additionally, the City Council shall not
cause or permit the change in use of the real property acquired for open space purposes, other
than for recreational, agricultural or under-ground easement purposes, without first obtaining the
approval of a majority of the electors voting thereon. Further, under such Section 13.4 of the
Home Rule Charter, no real property acquired for open space purposes shall be sold, exchanged,
disposed of, or converted to other uses other than for recreational, agricultural or underground
easement purposes, unless such open space is replaced with other open space property of
equivalent or greater value as of the date of sale or conversion as determined by the City Council
by resolution following a public hearing taking into consideration monetary, environmental, and
aesthetic values; and,
WHEREAS,evidence does not indicate that the City owned land that is the subject of
this proposed exchange was acquired for open space purposes or ever in public use; nonetheless,
the City Council hereby determines that the monetary, environmental, and aesthetic values of the
conservation easement over approximately 19.329 acres (approximate 841,971 square feet) of
the property known as the Pride of Aspen far outweighs the monetary, environmental, and
aesthetic values of the 0.092 acres (4,000 square feet) of City owned land to be conveyed and
developed and the 0.046 acres (1,999 square feet) as a landscape easement to be granted pursuant
Ordinance No. 17 and Ordinance No. 18, Series of 2021 and this Resolution No. 77; and,
WHEREAS,the Aspen City Council has reviewed proposed Ordinance No. 17 and
Ordinance No. 18, Series of 2021, and the proposed exchange, encumbrance, use or conveyance
of parts of property at or adjacent to 501 West Hopkins Avenue, for use in the development and
improvement of a newly configured residential property, the enlargement of the privately owned
Lot to be developed in accordance with such Ordinance No. 17 and Ordinance No. 18, Series of
2021,the rezoning of a portion of City owned land to be conveyed by the City pursuant to the
exchange from the Park (P)Zone District to the Medium Density Residential (R-6)Zone
District, in exchange for a conservation easement over and across the property known as the
Pride of Aspen and has determined that it is appropriate to approve the Agreement for
Conveyance of Conservation Easement in Exchange for a Parcel of Land, to which is attached a
Deed of Conservation Easement and a Landscaping and Yard Easement Agreement and submit
all matters to the electorate for consideration pursuant to Section 5.5 of the Home Rule Charter
of the City.
WHEREAS,the City of Aspen Open Space and Trails Board recommends the approval
of the proposed exchange; and
WHEREAS, after due deliberation and consideration the City Council has determined that
it is in the best interest of the City of Aspen to approve the proposed exchange subject to and
conditioned upon approval by a majority of the registered City voters voting in the coordinated
election to be held on November 2,2021.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO,
That the City Council of the City of Aspen hereby approves the Agreement for
Conveyance of Conservation Easement in Exchange for a Parcel of Land, to which is attached a
Deed of Conservation Easement and a Landscaping and Yard Easement Agreement by and
between R.D. Olson Investments II, LLC, a California Limited Liability Company and the City
of Aspen,true and accurate copies of which are attached hereto as Exhibit"A", subject to and
conditioned upon approval by a majority of the registered City voters voting in the coordinated
election to be held on November 2,2021; and,does hereby authorize the Mayor and the City
Manager of the City of Aspen to execute these agreements and such other documents as necessary
at closing to complete the exchange of the property,if approved by the voters.
INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on
the 24'h day of August 2021.
— WME�
Torre, Mayor
I,Nicole Henning, duly appointed and acting City Clerk do certify that the foregoing is a
true and accurate copy of that resolution adopted by the City Council of the City of Aspen,
Colorado, at a meeting held, August 24, 2021. �L
Nicole Henning, City Cl rk
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