HomeMy WebLinkAbout20080625huntercreekroadAGENDA ITEM SUMMARY
REGULAR MEETING DATE: June 25, 2008
AGENDA ITEM TITLE: Ordinance of the Board of County Commissioners
of Pitkin County, Colorado, Accepting a Grant of
Easement for a Portion of Hunter Creek Road from
the United States Forest Service
STAFF RESPONSIBLE: Chris Seldin, Assistant County Attorney
SUMMARY OF ISSUE: The is the second reading and public hearing of an
ordinance accepting a grant of easement for a portion of the Hunter Creek Road from the
United States Forest Service pursuant to the settlement agreement in the case ofAuster v.
MCloskey.
BACKGROUND: On October 13, 2004, the Board approved Resolution 142-
2004, authorizing the execution of the Hunter Creek Settlement Agreement in Auster v.
McCloskey, Case Nos. 02-1324 and 02-1325. One of the provisions of the settlement
agreement called for a realignment of the Hunter Creek Toll Road as it passes through the
property of the McCloskey family. The realignment would not be finalized, however,
until the United States Forest Service agreed to a starting point of the Hunter Creek Toll
Road on the National Forest that coincided with the realigned route across the
McCloskey property. The Forest Service has now submitted a Public Road Easement to
the Board that accomplishes this objective. The Home Rule Charter requires acceptance
of the easement by ordinance.
Per the Board's request at the May 28, 2008 meeting, included in the packet today is a
copy of the map from the U.S. Forest Service depicting the easement.
RECOMMENDED BOCC ACTION: Motion to approve at second reading and
public hearing an ordinance of the Board of County Commissioners of Pitkin County,
Colorado accepting a Grant of Easement for a Portion of the Hunter Creek Road from the
United States Forest Service.
ATTACHMENTS: Proposed Ordinance
Map of Trail
ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO, ACCEPTING A GRANT OF EASEMENT FOR
A PORTION OF HUNTER CREEK ROAD FROM THE UNITED STATES FOREST
SERVICE
ORDINANCE No. -2008
RECITALS
1. The Board of County Commissioners of Pitkin County, (the "Board") has
previously approved Resolution No. 142-2004, authorizing the execution of the Hunter Creek
Settlement Agreement to resolve fluster v. McCloskey, United States Court of Appeals Case
Nos. 02-1324 and 02-1325.
2. Among other things, the Settlement Agreement called for realignment of the
Hunter Creek Toll Road as it passes through the McCloskey property. The McCloskey
property is adjacent to the White River National Forest, and is the final private property
through which the Hunter Creek Toll Road passes prior to entering Forest Service land.
3. The Settlement Agreement provided that the realignment across the
McCloskey property would not be finalized until the United States Forest Service agreed that
the route of the Hunter Creek Toll Road on Forest Service land would commence at a point
that coincided with the realigned route across the McCloskey Property.
4. The USFS has tendered to the Board a Public Road Easement that achieves the
objective described in Paragraph 3.
5. The County Attomey's Office has approved the form of the easement, and the
Board wishes to accept it in the manner provided by the Pitkin County Home Rule Charter.
NOW, THEREFORE, BE IT ORDAINED that the Board of County Commissioners
of Pitkin County hereby accepts a Grant of Easement for a portion of Hunter Creek Road
from the United States Forest Service in a form approved by the County Attorney's Office.
INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING ON THE 28th
DAY OF MAY, 2008.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY
ON THE 1 sr DAY OF JUNE, 2008.
APPROVED UPON SECOND READING AND PUBLIC HEARING ON THE 25"~
DAY OF JUNE, 2008.
PUBLISHED AFTER ADOPTION IN THE ASPEN TIMES WEEKLY ON THE
DAY OF , 2008.
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Ordinance No. _-2008
Page 2
THIS ORDINANCE SHALL BECOME EFFECTIVE 30 DAYS AFTER FINAL
ADOPTION BY THE BOARD OF COUNTY COMMISSIONERS.
ATTEST:
Jeanette Jones
Deputy Clerk
APPROVED AS TO FORM:
Christopher Seldin
Assistant County Attorney
Vords/2008/ordaccept eeee from oafs huller cecek
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
Jack Hatfield, Chairman
MANAGER APPROVAL:
Hilary Fletcher
County Manager
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