HomeMy WebLinkAboutresolution.council.132-22RESOLUTION # 132
(Series of 2022)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING THE BURLINGAME LOT lA SECOND
CORRECTION TO DEED OF CONSERVATION EASEMENT IN GROSS AND
AUTHORIZING THE CITY MANAGER TO EXECUTE SUCH CORRECTION
TO DEED.
WHEREAS, there has been submitted to the City Council Burlingame Lot
lA Second Correction to Deed of Conservation Easement in Gross, a true and
accurate copy of which is attached hereto as "Exhibit A"; and,
WHEREAS, the Aspen Valley Land Trust, through Resolution adopted on
June 9, 2022, has approved this Burlingame Lot lA Second Correction to Deed of
Conservation Easement in Gross.
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 Burlingame
Lot lA Second Correction to Deed of Conservation Easement in Gross, a copy of
which is annexed hereto and incorporated herein and authorizes the City Manager
to execute such correction to deed.
INTRODUCED, READ AND ADOPTED by the City Council of the City of
Aspen on the 15' day of November 2022.
7)�
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, November 15, 2022.
Nicole Henning, City Clerk
If I I I I I I I I I I I I I! li I I I I I I I I I I I II I I I I I II I I I I I I I I II I I I I I I I I I I I I I I I I I I I II I I I II
RECEPTION#: 692160, R: $58.00, D: $0.00
DOC CODE: RESOLUTION
Pg 1 of 10, 12/20/2022 at 09:41:51 AM
Ingrid K. Grueter, Pitkin County, CO
Exhibit B I AVLT Letter & Entitlement Docs
ASPEN VALLEY LAND TRUST
RESOLUTION
APPROVE REQUEST FOR CORRECTION TO
AMCORD/BURLINGAME EAST CE
zort0L
At a regular meeting of the Board o�rlirectors of Aspen Valley Land Trust, a Colorado non-profit
corporation, held '1lzursday,June 9, the following Resolution was duly moved, seconded and
adopted by a majority vote of the members:
BE IT RESOLVED by the Board of Directors that the Aspen Valley Land 'Trust, a Colorado
non-profit corporation, approves the second correction to the Amcord/Burlingame East CE to
update the legal description to more accurately reflect the location of lots excluded by the 2009
correction.
The undersigned, being the duly elected and acting President of Aspen Valley Land Trust, a
Colorado non-profit corporation, certifies that the above and foregoing is a full and correct copy
of the Resolution adopted by the Board of Directors of Aspen Valley Land Trust, at the time set
forth above.
WITNESS my hand and official seal.
David Chase, President
:aspen Valley I and Trust,
a Colorado non-profit corporation
DocuSign Envelope ID: D5DEA075-5CDF-459A-9D75-14841 F503E55
Exhibit A I Second Deed Correction to the Deed of Conservation Easement
SECOND CORRECTION TO
DEED OF CONSERVATION EASEMENT IN GROSS
AmcordBurlingame East, Aspen
Pitkin County
THIS SECOND CORRECTION TO THE DEED OF CONSERVATION EASEMENT
IN GROSS ("Correction") is executed *fi 8/202$a� 2C457' 31'WlTby the CITY OF ASPEN
(the "City"), and ASPEN VALLEY LAND TRUST, a Colorado nonprofit corporation (the
"Trust"), having offices at 320 Main St. Suite 204, Carbondale CO 81623 (collectively "the
Parties").
WHEREAS, the City and the Trust entered into that certain Contract to Buy and Sell
Real Estate, dated may 29, 2003, (the "Contact") wherein the City agreed to purchase and the
Trust agreed to sell certain property commonly known as the Amcord property; and
WHEREAS, the City granted a Conservation Easement to the Trust over approximately
one hundred (100) acres of real property in Pitkin County, State of Colorado, in that Deed of
Conservation Easement recorded in the real property records of Pitkin County at Reception No.
484728 on June 30, 2003; and which easement was corrected in an instrument recorded in
Garfield County at Reception No. 558005 on April 14, 2009 to specifically identify three
described properties to be excluded from the Conservation Easement; and, to establish the
Parties' intent to further correct the Conservation Easement in the future to more specifically
identify the properties to be excluded from the Conservation Easement after the City completes
the Burlingame Ranch Affordable Housing Project and completes the development of
affordable housing on the "150 foot wide strip or to the toe of the slope" parcel; and
WHEREAS, the City is currently preparing to develop the property identified as the
150 foot wide strip or to the toe of the slope of the Burlingame Ranch which adjoins Highway
82" for affordable housing; and
WHEREAS, the City and the Trust now wish to correct the Conservation Easement to
update the legal description of the Property to reflect the exact locations of properties excluded
from the Conservation Easement by the 2009 Correction recorded in Garfield County at
Reception No. 558005 on April 14, 2009.
DocuSign Envelope ID: D5DEA075-5CDF-459A-9D75-14841 F503E55
Exhibit A I Second Deed Correction to the Deed of Conservation Easement
NOW THEREFORE, in consideration of the mutual covenants contained herein, the
Parties hereby agree to amend the AmcordBurlingame East Conservation Easement as
follows:
Acreage. The Amcord/Burlingame East Conservation Easement acreage and
references to the Property's total acres are hereby corrected to read
"approximately 83.517 acres", which shall replace any reference to
"approximately 100 acres" in the AmcordBurlingame East Conservation
Easement.
2. Exhibit A. The legal description of the AmcordBurlingame East Conservation
Easement is hereby replaced with that attached here as Exhibit A.
3. Exercised Rights. The Parties acknowledge and agree that the three properties
identified as exclusions in the 2009 Correction are depicted in full in the
attached Exhibit A, and that all rights to exclude land for development within
the Property have been fully exercised and are hereafter extinguished.
4. Full Farce and Effect. Except as corrected by this Correction, the
AmcordBurlingame East Conservation Easement and all of its terms and
conditions shall remain in full force and effect.
IN WITNESS WHEREOF, City and the Trust have executed this Correction as of the
date first written above.
CITY OF ASPEN:
Sara Ott, City Manager
STATE OF Colorado )
ss.
COUNTY OF Pi tki n
11/28/2022 1 2:57:31 PM PST
The foregoing instrument was acknowledged before me this day of , 2022, by
Sara Ott, as the City. Manager.
WITNESS my hand and official seal.
[SEAL]
TARA L. NELSON
NOTARY PUBLIC
STATE OF COLORADO
Notary ID: 20014030017
My commission expires 9/25/2025
Nt" �Doau&gnad by:
ii•,rc L,
079BA18BRW478
Notary Public 9/25/2025
My commission expires:
DocuSign Envelope ID: D5DEA075-5CDF-459A-9D75-14841 F503E55
Exhibit A I Second Deed Correction to the Deed of Conservation Easement
ACCEPTED by TRUST:
ASPEN VALLEY LAND TRUST,
a Colorado nonprofit corporation,
DocuSigned by:
Swyawuu' S{L f"s
MDacenoAae
Suzanne Stephens, Executive Director
STATE OF COLORADO )
ss.
COUNTY OF GARFIELD )
PITKIN
11/28/2022 1 2:38:48 PM PST
The foregoing instrument was acknowledged before me this day of , 2022, by
Suzanne Stephens, Executive Director of ASPEN VALLEY LAND TRUST, a Colorado
nonprofit corporation.
WITNESS my hand and official seal.
[SEAL]
TARA L. NELSON
NOTARY PUBLIC
STATE OF COLORADO
Notary ID: 20014030017
My commission expires 9/25/2025
-Oocu5ignod by:
T L. N&i4&#-
Notary Public
My commission expires: 9/25/20—
'< 0.
m 99yE aF-Zrn z.R 7 a
L SAS Off¢ F•:
a e
i3° G
zl
�o
Q a `s
H pp 28 fill $ges w�
Cn z yyog z=
O O Fx-I 1Zw4�a
P4 w O
XOp st=± V
a
z H 3 0
x- f
1 / J Ou
PIP
O' f
H x
Icl xC0
U F U
p I
w �
7� Gi1 cn an I
WFy�nn O
O V Fy O
W I r I `� •�y �'I'+c'
U '
I I "
U III ~ I 1 ---- I PpP 4:y� a M" n-'iir I0
GO I1 I' _ y S o J OC ZI ��ir
Za •C)N AVM)4�IX-Iv�.s oaa90703
Ln
z
ogj;�
"-M $
�¢Ss_eY fp� �SY cg£ •�4 -� W-6 P� Bg p�j� _a 5
Z .^. s = ra. a 8° aaaF §E FyL Se c f
o „t5
z sill'5;c4m���"�_E,�a'.a
,pr 5�a_•� e`aga^aaa•5��aG?^c°:=aa�asa� 5;• "a: �q a._s:a Wji_s�S's�io
sas:..°- E, j{
G
56
BRIM
� �@
B I S
�-'�:
C0�C9�0CC��9��CC
�
ry�rFr�CC���CC�-��C
�SE9�DE➢r
r�
�EE����EEEEE@EEEEEE3�����E�EE��E�EEEE�E�E�E����E
Exhibit B I AVLT Letter & Entitlement Docs
January 24, 2022
City of Aspen Burlingame Affordable Housing Project Team
C/O: Chris Everson (City of Aspen) & Jason Jaynes (DHM Design)
130 South Galena St.
Aspen, CO 81611
RE: Easement Correction Process for Amcord / Burlingame East "Triangle Parcel"
To Whom it May Concern:
As you are aware, a portion of the Amcord / Burlingame East property also referred to as the Deer Hill
Open Space (the "Property") is encumbered by a perpetual conservation easement, granted to Aspen
Valley Land Trust (AVLT) recorded in Pitkin County on June 30, 2003, at Reception Number 484728
(the "Easement"), and corrected on April 14, 2009 at Reception Number 558008 (the "2009 Correction).
The purpose of this letter is to outline the necessary steps for recording a final correction to the
Easement in order to correct the legal description and identify the exact areas that have been excluded
from the Easement for development of the Burlingame Affordable Housing Project.
Backiround
The stated purpose of the Easement is to "assure that the Property will remain forever predominantly in
its open space, natural habitat and recreational condition subject to the uses of the Property permitted
hereunder, and to prevent any use of the Property that will significantly impair or interfere with the
Conservation Values of the Property and, in the event of their degradation or destruction, to restore
such Conservation Values of the Property. "
The 2009 Correction then identified three areas to be excluded from the Easement for the purpose of
developing the Burlingame Affordable Housing Projects. The 2009 Correction additionally established
"the Parties' intent to further correct the Conservation Easement in the future to more specifically
identify the properties to be excluded from the Conservation Easement after the City completes the
Burlingame Ranch Affordable Housing Project and completes the development of affordable housing oil
the '150 foot wide strip or to the toe of the slope' parcel. " (The ' 150 foot wide strip or to the toe of the
slope' parcel will be referred to as the "Triangle Parcel" for the purposes of this letter.)
Process
While the 2009 Correction calls for the City of Aspen (the "City") to "provide the Trust a legal
description of the property for the affordable housing project contemplated for that parcel within thirty
(30) days of the completion of the Burlingame Affordable Housing Project," AVLT believes that it may
be in the best interest of all involved parties to record the updated correction as soon as soon as
320 Main St. Suite 204 1 Carbondale, CO 81623 1 970.963.8440 1 avlt@avlt.org I page 1
- - - �•
1�;Ly ASPEN VALLEY
�-� ": LAND TRUST
practicable. At a minimum, the updated correction must be recorded before any final subdivision of the
triangle parcel from the main Amcord parcel may occur.
As such, AVLT staff has identified the following process for recording an updated correction to the
Easement, allowing the Burlingame Affordable Housing Project development and any associated land
use actions such as subdivision to proceed:
1) Provide legal descriptions and surveys. The City and partners will provide AVLT staff with
surveys and written legal descriptions for the Annie Mitchel Housing Project, the existing
Burlingame Housing Project, and the Triangle Parcel Burlingame Housing Project. AVLT may
also request that the City provide a survey and legal description of the updated Easement area
that excludes the three parcels. AVLT will then reference these surveys with the 2009 Correction
and provide preliminary approval of the surveys via email.
2) AVLT Board Resolution. AVLT staff will present the AVLT board with the necessary
information and request a Board Resolution approving an updated correction to the Easement.
This resolution would potentially include the provided surveys and legal descriptions, as well as
a draft copy of the updated Correction. This draft Correction language will be developed by
AVLT staff and counsel, and refined with the City and partners as needed.
3) Record updated Correction to the Easement. AVLT Staff will then work with the City and
partners to record the updated Correction to the Easement.
After the updated Correction is recorded, the City may begin development work and subdivision in the
Triangle Parcel as established by the 2009 Correction, without further approval or interaction with
AVLT or the Easement.
Thank you for working closely with our team as we together through this process. Please don't hesitate
to contact me below with any questions or concerns.
Sincerely,
'0� -
Bud Tymczyszyn, AICP (tim-chiz-in)
Conservation Easement Specialist
Aspen Valley Land Trust
bud@avlt.org
909-499-5038 (cell)
320 Main St. Suite 204 1 Carbondale, CO 81623 1 970.963.8440 1 avlt@avlt.org I page 2
Exhibit B I AVLT Letter & Entitlement Docs
From: Bud Tymczyszyn [mailto:bud@avlt.ore]
Sent: Tuesday, May 10, 2022 1:35 PM
To: Jason Jaynes <01a nes dhrndesian.com>; Dave Erickson <dave@avlt.orp,>; Erin Quinn
<erin@avlt.org>
Subject: Re: Aspen Lumberyard - Deer Hill easement exhibit
Hi Jason,
Thanks for checking in, and sorry for the delay. We were out part of last week on a team trip, and I'm
dealing with some sick days right now. Unfortunately I won't be able to get you an updated memo until
next week, but you can go ahead and use the January memo and my email below for the subdivision
application if that still works for you.
I'm hoping to take some time to write up the draft Correction for the CIE later this week / early next, so
hopefully we'll have that to start sharing with you all soon. I'm also working on a little memo that outlines
all the prior land use moves and background related to this so our board can have some history, and we
can have that to refer to in the future should we need. If you're game, I might call you later this week or
next to ask you a couple clarifying questions to help with this.
Our June board meeting has moved and is no longer on the 15th, but is still happening in June. I'll keep
you posted on the date in case that changes anything for you guys.
Thanks Jason! Let me know if I'm missing anything here-- don't want to leave you hanging!
Bud Tymczyszyn, AICP
(Pronounced Tim-chiz-in)
Conservation Easement Specialist
(c) 909.499.5038
Exhibit B I AVLT Letter & Entitlement Docs
From: Bud Tymczyszyn [mailto:bud@avlt.org]
Sent: Tuesday, April 26, 2022 3:42 PM
To: Jason Jaynes <iiavnes@dhmdesign.com>; Dave Erickson <dave@avlt.org>; Erin Quinn
<erin@avlt.org>
Cc: Bob Schultz <rschultzconsulting@gmail.com>; Christopher Everson <chris.eversonC&aspen.gov>
Subject: Re: Aspen Lumberyard - Deer Hill easement exhibit
Hi Jason,
Thanks for sending this over. Having this singular survey with all of the housing exclusions shown is
exactly what we needed to move forward to the next step. Keep us posted as the final verification come
through, otherwise we'll work from this and assume it should pretty closely reflect the final. I think it was a
good call adding the 150' from the ROW into the excluded area too-- I imagine our board will like that this
essentially maxes out the final reserved right from the easement and will be the final amendment.
Now that we have the survey, our next steps are (a) AVLT staff review, (b) AVLT will develop a draft final
amendment to the CE, (c) work with City and parners to refine, (d) bring to AVLT Board for resolution
June 15th. If helpful, I'm happy to update the previous memo to reflect this for the subdivision application.
Let me know if and when you would like that and I can put something together. Also happy to hop on the
phone if there are any questions about the rest of the AVLT board process outlined here.
Thanks Jason! We'll have more for you soon after our team reviews the survey /LD.
Best,
Bud Tymczyszyn, AICP
(Pronounced Tim-chiz-in)
Conservation Easement Specialist
(c) 909.499.5038