Board backs converting Bartlett development‑rights agreement to conservation easement and recommends city buy remaining oil and gas interests

The Open Space Board of Trustees voted unanimously to recommend that City Council convert the Bartlett development‑rights agreement (DRA) over a 7.04‑acre property near Arapahoe Road to a conservation easement, and to recommend that the city acquire the remaining oil and gas interests from current owners Zach and Kelsey Nassar.

The conversion and mineral‑interest acquisition were presented by Bethany Collins, OSMP senior manager of real estate services, and Sarah Kramer, a property agent who manages the department’s conservation easement program. Kramer told trustees the proposed conservation easement establishes a one‑acre building envelope, clarifies reserved and restricted rights, encumbers a one‑third share of the Marshallville (Marshable) ditch to preserve irrigation water for agriculture, and will transfer remaining oil and gas interests to the city if Council approves the acquisition.

Why this matters: staff said the DRA recorded in 1987 uses older, often ambiguous language intended only to limit development; a conservation easement follows current Colorado law and Treasury regulations, provides annual monitoring obligations for the grantee, and is harder to extinguish. Converting the DRA and acquiring mineral interests, staff said, strengthen long‑term protection of the property’s scenic, agricultural and ecological values.

Key facts and outcome: the Bartlett property is adjacent to Teller Farm, Williamson, Anderson and Autry open space parcels. The existing DRA allowed a very limited home and farm buildings; subsequent owners sought larger home footprints and a pool, which prompted staff to examine the DRA language and pursue the conversion. At the meeting Trustee Michelle moved the conversion recommendation and Trustee Sarah Glenn seconded; the board also voted to recommend acquisition of the remaining oil and gas interests from Zach and Kelsey Nassar. The motions passed 5‑0.

Owner comment: owner Zach Nassar joined the hearing online and said he and his family had negotiated with staff to reach the present proposal. “Each side walked away wishing they had a bit more. So I’ll chalk that up to just a good negotiation,” he said, adding the Nas­sars look forward to “continuing good stewardship of the land and an ongoing partnership with OSMP.”

Staff and next steps: staff told trustees there will be no direct cost to the department for the transaction as negotiated; the conversion and the mineral‑interest conveyance are legally structured as exchanges and deeds rather than a purchase requiring an appropriation. Collins said the conservation easement is drafted from an updated template and that the department can share template language with trustees on request. Trustees asked for clarification about water rights: staff said the conservation easement will encumber the ditch certificate so the one‑third ditch share remains with the land and cannot be sold separately (preventing a buy‑and‑dry outcome).

The board’s recommendation will be forwarded to Boulder City Council for final approval under the disposal procedures cited by staff (City Charter Article 12, Section 177). If Council approves, staff said they will finalize the easement deed and the mineral‑interest conveyance and record documents to align with the annexation terms and existing agreements.

Trustee comments and context: trustees thanked staff and the property owners for negotiating a solution staff said balances current private uses with stronger long‑term conservation protections. Several trustees asked for the final attorneys’ drafts to be available to the board through staff channels before Council submittal; staff agreed to confirm the process and timing with the city attorney and to provide the board an update on where drafts will be viewable.

Ending: with Council review still required, the board’s vote sends staff’s recommended package to the next step in the municipal approval process. The department said it will return to the board with any material changes prior to recording the final instruments.