HomeMy WebLinkAboutresolution.council.028-06
RESOLUTION NO. 28
Series of 2006
A RESOLUTION OF THE CITY OF ASPEN, COLORADO, AUTHORIZING THE
PURCHASE OF THE ASPEN MASS PROPERTY FROM PITKIN COUNTY AND
AUTHORIZING THE EXECUTION OF A CERTAIN DEED RESTRCITION AND
TRANSFERRABLE DEVELOPMENT RIGHTS RELATED TO THE ASPEN MASS
PROPERTY.
WHEREAS, Pitkin County and the City of Aspen jointly own the following interests in
real property (hereinafter the "Property") as follows:
Lots 1, 2 and 3 and FP-2, Aspen-Mass Ranch Subdivision, according to the Plat
therofrecorded May 10, 1989 in Plat Book 22 at Page 53, Final Plat Amendment
recorded July 28,1992 in Plat Book 29 at Page 46, and Second Amended Final
Plat recorded October 14, 1994 in Plat Book 35 at Page 62, FP-2 as adjusted by
Lot Line Adjustment Plat recorded in Book 44, Page 42, County of Pitkin,
State of Colorado;
Together with water rights identified in the quit claim deed dated February 3,
2006, reception number 413245.
(hereinafter collectively referred to as the "Aspen Mass Property"); and
WHEREAS, Pitkin County has approved the sale of the Aspen Mass Property to the
City as City open space, for the payment of $600,000 to Pitkin County for its interest in the
Aspen Mass Property; and
WHEREAS, all development rights on the Aspen Mass Property were severed as a
result of Board of County Commissioner Resolution # 34-2006. Pitkin County shall receive a
single Certificate of Transferable Development Rights and the City shall receive two (2)
Certificates of Transferable Development Rights; and
WHEREAS, the Aspen Mass Property was originally acquired by the City and County
for potential affordable housing development and has subsequently been determined as
inappropriate for such development; and
WHEREAS, it is in the best interests of the citizens of the City of Aspen to purchase the
Aspen Mass Property for open space so that it may be restored to its historic agricultural use or
returned to its natural state.
NOW, WHEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO:
Section One
That the City Council of the City of Aspen hereby approves the purchase of the Aspen
Mass Property from Pitkin County for the total sum of $600,000.00 and hereby authorizes the
Mayor or City Manager to execute a certain deed restriction limiting future development on the
Property (a copy of which is appended hereto as Exhibit A) and the Certificates of Transferable
Development Rights created by Pitkin County pursuant to Pitkin County Resolution # 34-2006.
Dated: ~ ~ c:;
,2006.
I, Kathryn S. Koch, 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 ~ ~ ,2006.
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DEED RESTRICTION
THIS DEED RESTRICTION, made and entered into this _ day of
2006, by the Board of County Commissioners of Pitkin County, Colorado and the City of Aspen,
Colorado.
WITNESSETH
WHEREAS, the Board of County Commissioners of Pitkin County, Colorado and the
City of Aspen, Colorado are the fee simple owners (the "Owner") of that certain real property in
Pitkin County, Colorado, that is more particularly described as follows:
Lots 1,2 and 3, Aspen-Mass Ranch Subdivision, according to the Plat
thereof recorded May 10, 1989 in Plat Book 22 at Page 53, Final Plat Amendment
recorded July 28,1992 in Plat Book 29 at Page 46, and Second Amended Final
Plat recorded October 14, 1994 in Plat Book 35 at Page 62, , County of Pitkin,
State of Colorado (the "Property"); and
WHEREAS, contemporaneously with the execution of this Deed Restriction, Pitkin
County is executing and delivering to the Board of County Commissioners of Pitkin County,
Colorado one Irrevocable Certificate(s) of Transferable Development Rights, bearing Certificate
No(s). , and to the City of Aspen two separate Irrevocable Certificate(s) of
Transferable Development Rights, bearing Certificate No(s). and
evidencing the permanent severance from the Property of all development rights; and
WHEREAS, the Owner has represented that no development or improvements currently
exist on the property except a trail, a pump house, water and other utility infrastructure, a
driveway and cui de sac.
WHEREAS, in exchange for the issuance of said Certificate(s) by Pitkin County, Owner
is prepared to deed restrict the Property against any future development.
NOW, THEREFORE, for and in consideration of the issuance to the Board of County
Commissioners of Pitkin County, Colorado ofTDR Certificate No , and to the
City of Aspen, Colorado ofTDR Certificate No(s) and and for other good
and valuable considerations, the receipt and sufficiency of which are hereby acknowledged,
Owner agrees as follows:
1. Deed Restriction of Property. Owner hereby permanently restricts the Property
against any future development, as the term development is defined in the Pitkin County Land
Use Code.
2. Covenants Runnin!! With The Land; Sindin!! Effect. The provisions of this
Deed Restriction shall constitute covenants that run with the title to the Property for the benefit
of Pitkin County, Colorado its successors and assigns and shall be deemed an appurtenance to
the title to such lands.
IN WITNESS WHEREOF, Owner has executed this Deed Restriction as of the day and
year first above written.
Board of County Commissioners of Pitkin County,
Colorado, as Owner
By
Title:
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
by
The foregoing Instrument was acknowledged before me this _ day of
(Owner).
,2006,
Witness my hand and official seal.
My commission expires:
Notary Public
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
by
Witness my hand and official seal.
My commission expires: bAflt/or-'
2
ACCEPTED BY PITKIN
COUNTY BOARD OF COUNTY
COMMISSIONERS
By:
Title:
3
Certificate No.
Date Issued
IRREVOCABLE CERTIFICATE OF TRANSFERABLE
DEVELOPMENT RIGHT ("TDR")
1. Description of Preservation Site: Lot I, Aspen-Mass Ranch Subdivision,
according to the Plat therof recorded May 10, 1989 in Plat Book 22 at Page 53, Final Plat
Amendment recorded July 28, 1992 in Plat Book 29 at Page 46, and Second Amended Final Plat
recorded October 14, 1994 in Plat Book 35 a~ Page 62, County of Pitkin, State of Colorado.
2. Pursuant to the provisions of the Pitkin County Land Use Code ("Code"), this
certifies that a Transferable Development Right (''TDR'') has been severed from the Preservation
Site described in Exhibit A. This Certificate No. evidences and represents one TDR
and the TDR represented hereby may be transferred to and used at a Receiver Site as permitted
and in accordance with the Pitkin County Land Use Code.
3. Possession of the original of this Certificate, properly endorsed, will constitute
the ownership by the holder of the TDR herein described.
4. This Certificate may be transferred at any time and from time to time by
endorsement and delivery.
5. This Certificate is perpetual and irrevocable, and Pitkin County, Colorado, will
honor the same.
Signature of Owners of the Real Property
at the time of the issuance of this Certificate
Signature of Authorized Official
of Pitkin County, Colorado
Board of County Commissioners of Pitkin County,
Colorado (Owner), which also hereby endorses this
Certificate to the City of Aspen.
By:
Title:
By:
Title:
~~r:o~r~7e~../ __
Tltle~
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-
~.
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN) ~..,J,
The foregoing instrument was acknowledged before me this ~day of
HA,:--r ' 2006, by (Pitkin County as
Owner).
Witness my hand and official seal.
My commission expires:
I
I
I
I
I
,
,
Notary Public
STATE OF COLORADO
)
) ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this _day of
, 2006, by (Pitkin
authorized signature).
County
Witness my hand and official seal.
My commission expires:
Notary Public
2