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HomeMy WebLinkAboutbocc.ord.051.2000 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, AUTHORIZING RELOCATION OF LOWER RIVER ROAD EASEMENT WITHIN THE DART PROPERTY ORDINANCE , SERIES OF 2000 RECITALS 1. The completion of a recreational/commuter bicycle trail through Snowmass Canyon is u great importance to the health and welfare of the citizens of Pitkin County. 2: A goal of the Open Space and Trails Program is to minimize the number of road crossings along trails. 3. At a point just upvalley from the Old Snowmass Bridge, River Road crosses the RFRI,A right of way and trail easement twice within the distance of a roughly five hundred feet just beyond mile marker 387 on the rail right of way, following a bend in the road, through properl owned by the Dart Family Limited Partnership. 4. To avoid two crossings at this location, the Dart Family Limited Partnership("Darts") desires to give the County road and trail easements to relocate River Road slightly to the insid( of the curve and allow the construction of the bicycle trail around the outside of the curve, thereby avoiding two road crossings in the trail. 5. The County holds a Conservation Easement on the property owned by the Darts, and lie road and trail easements being offered by the Darts are consistent with the Conservation Easement. Aspen Valley Land Trust, the co-grantee of the Conservation Easement, agrees that these are uses consistent with the Conservation Easement. NOW THEREFORE BE IT ORDAINED by the Board of County Commissioners of Pitkin County, Colorado, that Pitkin County accepts the attached road easement relocating River Road slightly towards the Roaring Fork River, and also accepts the attached trail easement along the prior location of the road itself. The chair is authorized to execute the deeds in substantially the form as attached hereto, and such other documents as may be necessary to complete the donation after approval of the form of such other documents by the Open Space Director and County Attorney's office. 111111111111111111 INII 1111111111111111 450842 01/24/2001 12:00P ORD!I! I "1111111111II 1 of 8 R 0.00 D 0.00 N 0.00 PITKIND COUNTY COI INTRODUCED, FIRST READ AND SET FOR PUBLIC HEARING AT THE MEETING ON THE 6th DAY OF December 2000. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKEND EDITION ON THE^ DAY OF 2000. APPROVED AND ADOPTED AFTER SECOND READING AND PUBLIC HEARING ON THE 200'DAY OF December 2000. PUBLIS D TER ADOPTION IN THE ASPEN TIMES WEEKEND EDITION O�N�THt, DAY OF , 2000. ATTEST: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO B B Jean a Jones, Shells oy De ty Clerk and iecorder Chair Date: I2- z1 • ea APPROVED AS TO FORM: MANAGER APPROVAL: De orate uinn is '/ Assistant County Attorney County Manager IL 1" REC ENDED FOR OPTION: D e Will, Director Open Space and Trails cAdw%darl road%properly\ord.doc I I"III "III "III' II'I'I I'I IIIIII"I"I III I'II' IIII I"I 450842 01/24/2001 12:00P ORDINANC DAVIS SILVI 2 of 8 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO QUIT CLAIM DEED �� �'1L THIS DEED made this- �IJA day of November 2000 between DART FAMILY PARTNERSHIP, L.T.D., a Colorado Limited Partnership whose legal address 866 Paragon Drive, Boulder, Colorado, 80303, Grantor and the BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLOR ADO, and whose legal address 530 East Main Street, Aspen, Colorado, 81611, Grantee: WITNESSETII: That the Grantor, for and in consideration of Ten Dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged have remised, released, sold, conveyed and QUITCLAIMED unto the Grantee, its successors and assigns, forever, without warranty, the real property, together with, all their right, title and interest, improvements, if any, situate, lying and being in the County of Pitkin and the State of Colorado, described as follows: A 40 Foot Wide Road Easement over the property as more fully described on Exhibit A attached hereto and incorporated by this reference located in Pitkin County, Colorado. TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, all the estate right, title, interest and claim whatsoever, of the Grantor, either in law or equity, to the only proper use, benefit and behoof of the Grantee, its successors and assigns forever. IF ANY TERM or provision of this Quit Claim Deed would otherwise violate the rule against perpetuities or the rule restricting restraints on alienation, such term or provision shall automatically expire and be of no further force or effect, on the day before the expiration of ninety (90) years from the date of this deed. IN WITNESS WHEREOF, the Grantor have executed this deed on the date set forth above. DART FAMILY PARTNERSHIP, L.T.D. A Colorado Limited Partnership t lwvvc , BY: - Acknowledgments on following page - I1111111111111111111111111111111111111111111111111111111111 IN 450842 01/24/2001 12:00P ORDINANC DAVIS SILVI 3 of 8 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO STATE OF 0,Q Ora d o ) ,/ ) ss. COUNTY OF OI.� &r) Acknowledged before me this 1�_'�-day of /1,jN1Qt�,eV- , 2000, by — p]l C 1)aIr /"" as r&j. par4ier for the DART FAMILY PARTNERSHIP, L.T.D., a Colorado Limited Partnership. Witness my hand and official seal. My Commission expires: My Commission Expires 04/21/2004 _. 4770 e- 00--- Boulder, CO 80303 �4' Notary blic ATTEST: ACKNOWLEDGED AND ACCEPTED BY THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY COLORADO: ___P7�s f.S Shellie Roy �j Deputy Clerk Chair I/openspace/dart qcd road easement.doc 111111111111111111111111111111111111111111111111111 I'll 450842 01/24/2001 12:00P ORDINANC DAVIS SILVI 4 of 8 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO 2 A 40 FOOT WIDE RIGHT-OF-WAY FOR EXHIBIT A LOWER RIVER ROAD A FOOT WIDE RIGHT-OF WAY SITUATED IN TRACT 73, SEC] ION 27, TOWNSHIP 8 SOUTH, RANGE 86 WEST OF THE SIXTH PRINCIPAL MERIDIAN. THE CENTERLINE OF SAID FOOT WIDE RIGHT-OF-WAY BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT AP3 TRACT 73 (WITH ALL BEARINGS CONTAINED WITHIN BEING REALITIVE TO A BEARING OF N 00001'30" E ON THE 2-3 LINE OF TRACT 73); THENCE S 48037'13" E 854.86 FEET TO A POINT ON THE EXISTING CENTERLINE OF LOWER RIVER ROAD; THENCE ALONG SAID REALIGNED CENTERLINE THE FOLLOWING (5) COURSES: 1. N 74023'09" E 15.00 FEET 2. 118.49 FEET ALONG AN ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 500.00' AND A CENTRAL ANGLE OF 13034'39" (CHORD BEARS N 81°10'28" E 118.21 FEET) 3. N 87057'48" E 115.62 FEET 4. 480.49 FEET ALONG AN ARC OF A CURVE TO THE RIGHT H,ykVING A RADIUS OF 500.00' AND A CENTRAL ANGLE OF 55003'36" (CHORD BEARS S 64°30'24" E 462.21 FEET) 5. N 36058'36" E 70.87 FEET TO A POINT ON THE EXISTING CENTERLINE OF LOWER RIVER ROAD, THE TERMINUS WHENCE SAID AP3 TRACT 73 BEARS N 59029'26" W 1564.71 FEET. PREPARED BY: SOPRIS ENGINEEIZING, LLC MARK S. BECKLER P.L.S. 428643 I I"III "III 'IIII' I"III I'I I'IIII"I"I III "I') IIII I"I 450842 01/24/2001 12:00P ORDINANC DAVIS SILVI 5 of 8 R 0.00 0 0.00 N 0.00 PITKIN COUNTY CO QUIT CLAIM DEED THIS DEED made this day of November 2000 between DART FAMILY PARTNERSHIP, L.T.D., a Colorado Limited Partnership whose legal address is 866 Paragon Drive, Boulder, Colorado, 80303 Grantor and the BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, and whose lej!,al address 530 East Main Street, Aspen, Colorado, 81611, Grantee: WITNESSETII: That the Grantor, for and in consideration of Ten Dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged have remised, released, sold, conveyed and QUITCLAIMED unto the Grantee, its successors and assigns, forever, without warranty, (lie real property, together with, all their right, title and interest, improvements, if any, situate, lying and being in the County of Pitkin and the State of Colorado, described as follows: A 12 Foot Wide Pedestrian Trail Easement over the property as more fully described on Exhibit A attached hereto and incorporated by this reference located in Pitkin County, Colorado. TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, all the estate right, title, interest and claim whatsoever, of the Grantor, either in law or equity, to the only proper use, benefit and behoof of the Grantee, its successors and assigns forever. IF ANY TERM or provision of this Quit Claim Deed would otherwise violate the rule against perpetuities or the rule restricting restraints on alienation, such term or provision shall automatically expire and be of no further force or effect, on the day before the expiration of ninety (90) years from the date of this deed. 1N WITNESS WHEREOF, the Grantor have executed this deed on the date set forth above. DART FAMILY PARTNERSHIP, L.T.D. A Colorado Limited Partnership �l IIIIII IIIII IIIIII IIIIII III IIIIIII IIIII III IIIII IIII IIII BY. 450842 01/24/2001 12:00P ORDINANC DAVIS SILVI 6 of 8 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO - Acknowledgments on following page - STATE OF QIrCI, 40 ) ) ss. COUNTY OF ) Acknowledged before me this �lc ay of /��Q ,M(Mt— , 2000, by 1_ I�LV l np�i C • a r T" as i2'o/,Q ,& r for the DART FAMILY PARTNERSHIP, L.T.D., a Colorado Limited Partnership. Witness my hand and official seal. My Commission expires: My Commission Expires 04121/200A elin —4 8 @ase Rd , le 100 Boulder,CO B0303 NotaPublic ATTEST: ACKNOWLEDGED AND ACCEPTED B THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY COLORADO: 1 r )✓ � tET! E �S Sheltie Roy Deputy Clerk Chair /openspace/dart trail easement gcd.doc 111111111 Bill 111111111111111111111111111111111111111111111111111I_ _III 450842 01/24/2001 12:00P OROINANC DAVIS 7 of 8 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO 2 A 12 FOOT WIDE PEDESTRIAN TRAIL EASEMENT FXHISIT A A 12 FOOT WIDE PEDESTRIAN TRAIL EASEMENT SITUATED IN TRACT 73, SECTION 27, TOWNSHIP 8 SOUTH, RANGE 86 WEST OF THE SIXTH PRINCIPAL MERIDIAN. THE CENTERLINE OF SAID 12 FOOT WIDE PEDESTRIAN EA.�EMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING A ; AP3 TRACT 73 (WITH ALL BEARINGS CONTAINED WITI-IIN BEING REALITIV; TO A BEARING OF N 00001'30" E ON "THE 2-3 LINE OF TRACT 73); THENCE S 55'12'10" E 926.58 FEET TO A POINT OF SAID CENTERLINE OF 12 FOOT WIDE PEDESTRIAN EASEMENT SAID POINT ALSO BEING ON TI-lE NORTHERLY RAILROAD RIGHT-OF-WAY; THENCE LEAVING; SAID NORTHERLY RAILROAD RIGHT-OF-WAY ALONG SAID PEDESTRIAN EASEMENT THE FOLLOWING EIGHT (8) COURSES:. 1. 57.67 FEET ALONG AN ARC OF A CURVli TO THE RIGHT HAVING A RADIUS OF 600.00 FEET AND A CENTRAL ANGLE OF 05°30'25" (CHORD BEARS N 79-58'11" E 57.65 FEET) 2. N 82043'23" E 94.98 FEET 3. 72.11 FEET ALONG AN ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 550.00 FEET AND A CENTRAL ANGLE OF 07030'41 (CHORD BEARS N 86028'44" E 72.05 FEET) 4. N 89045'55" E 22.55 FEET 5. 111.62 FEET ALONG AN ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 225.00 FEET AND A CENTRAL ANGLE OF 28025'27" (CHORD BEARS S 75°33'12" E 110.48 FEET) 6. S 61°20'29" E 16.90 FEET 7. 79.29 FEET ALONG AN ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 300.00 FLET AND A CENTRAL ANGLE OF 15"08'33" (CHORD BEARS S 53046'12" E 79.06 FEET) 8. S 46"11'56" E 19.74 FEET TO A POINT ON SAID NOTHERLY RAILROAD RIGHT-OF-WAY, THE TERMINUS WHENCE SAID AP3 TRACT 73 BEARS 63036'43" 1346.46 FEET PREPARED BY: SOPRIS ENGINEERING, LLC MARK S. BECKLER P.L.S. #28643 1111111 Hill 11111111111111111111111111111111111111 Hill IN 111111 450842 01/24/2001 12:00P ORDINANC DAVIS SILVI 8 of 8 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO