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Home My WebLink Aboutbocc.con.185.2008 G0~1TjRAGT # ~5 ~~D ~ rr~clk e/ ORDINANCE OF THE BOARD OF COUNTY COMNIISSIONERS OF PITHINN OF NHUNTER CREEK ROAD FROMGTHEUNITE ESTATES FOREST A PORTI SERVICE ORDINANCE No. 0/ ~ -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 Auster 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 USES has tendered to the Board a Public Road Easement that achieves the objective described in Paragraph 3. The County Attorney'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 1sT DAY OF JUNE, 2008. APPROVED UPON SECOND READING AND PUBLIC HEARING ON THE 25TH DAY OF JUNE, 2008. PUBLISHED TER ADOPTION IN THE ASPEN TIMES WEEKLY ON THE DAY OF ~ v > 2008• RECEPTION#: 550620, 06130/2008 at 09:55:38 AM, t OF 7, R $0.00 Doc Code ORDINANCE Janice K. Vos Caudill, Pitkin County, CO Ordinance No.(J/~ -2008 Page 2 THIS ORDINANCE SHALL BECOME EFFECTIVE 30 DAYS AFTER FINAL ADOPTION BY THE BOARD OF COUNTY COMMISSIONERS. ATTEST: ~, .a~ ~,, Jean Jones De ~ ty Clerk BOARD OF COUNTY COMMISSIO OF PITKIN COUNTY, COLORADO Jac tfield, Chairma i Date: ~-~~.. ~~ / [ f' APPROVED AS TO FORM: -- = ~ -- Chris per drt~ As~ty Attorney I/mde200e/pdacceyt eme fiom mB hwtacreek MANAGER APPROVAL: ~~ ~-~ Hilary Fletch County Man i d ~~ a a ~~~i~ir Authorization ID: ASP397 FS-2700-9f (03/06) Contact ID: PITKIN_COUNTY_BOARD OMB No. 0598-0082 Use Code: 751 U. S. DEPARTMENT OF AGRICULTURE Forest Service PUBLIC ROAD EASEMENT Act of October 13, 1864, (P.L. 88-657); 36 CFR 251.5D, et seq THIS EASEMENT, dated this vl~day of C ?(k16 from the UNITED STATES OF AMERICA, acting by and through the For's~Department of Agriculture, hereinafter called Grantor, to PITKIN COUNTY BOARD OF COMMISSIONERS, hereinafter called Grantee. W ITN ESSETH: WHEREAS, the Grantee has applied for a grant of an easement under the Act of October 13, 1964 (78 Stat. 1089, 16 U.S.C. 532-538), for a road over certain lands or assignable easements owned by the United States in the County of PITKIN ,State of COLORADO and administered by the Forest Service, Department of Agriculture. NOW THEREFORE, Grantor does hereby grant fo Grantee an easement for a public road and highway along and across a strip of land, hereinafter defined as the right-of-way over and across the following described lands in the County of PITKIN, State of COLORADO: SW 1/4 Sec. 5 T. 10 S. R. 84 W. 6TH PRINCIPAL MERIDIAN, as described on exhibit A attached hereto). - The word "right-of-way" when used herein means said strip of land whether or not there is an existing road or highway located thereon. Except where it is defined more specifically, the word "highway" shall mean roads or highways now existing or hereaker constructed on the right-of-way or any segment of such roads or highways. The right-of-way is shown and specifically described on the plat attached hereto and made a part hereof. This grant is made subject to the following terms, provisions, and conditions: 1. Outstanding valid claims, if any, existing on the date of this grant. 2. The easement herein granted is limited to use of the described right-of-way for the purpose of construction, operation, and maintenance of a highway and does not include the grant of any rights for nonhighway purposes or facilities; Provided, That the Forest Service shall not exercise its right to use or authorize the use of any portion of the right-of-way for nonhighway purposes when such use would interfere with the free flow of traffic or impair the full use and safety of the highway; and Provided further, That nothing herein shall preclude the Forest Service from locating National Forest and other Department of Agriculture information signs on the portions of the right-of-way outside of construction limits. 3. Not applicable. 4. Any reconstruction of the highway situated on this right-of-way shall conform with plans, specifications, and written stipulations approved by the Forest Supervisor or authorized representative prior to beginning such reconstruction. 5. Consistent with highway safety standards, the Grantee shall: a. Protect and preserve soil and vegetative cover and scenic and aesthetic values on the right-of-way outside of construction limits. b. Provide for the prevention and control of soil erosion within the right-of-way and adjacent lands that might be affected by the construction operation, or maintenance of the highway, and shall Y vegetate and keep vegetated with suitable species all earth cut or fill slopes feasible for revegetation or other areas on which ground cover is destroyetl. The Grantee shall perform these activities where it is deemed necessary during a joint review between the authorized Forest Officer and Grantee prior to completion of the highway. The Grantee also shall maintain all terracing, water bars, leadoff ditches, or other preventive works that may be necessary to accomplish this objective. This provision also shall apply to waste disposal areas and slopes that are reshaped following slides that occur during or after construction. 6. The Grantee shall: Establish no borcow, sand, or gravel pits; stone quarry; permanent storage areas; sites for highway- operation and maintenance facilities; camps; supply depots; or disposal areas within the right-of-way, unless shown on approved construction plans, without first obtaining approval of the authorized Forest Officer. 7. The Grantee shall maintain the right-of-way clearing by means of chemicals only after the Forest Supervisor has given specrfic written approval. Application for such approval must be in writing and must specify the time, method, chemicals, and [he exact portion of the right-of-way to be chemically treated. 8. The Grantee does by the acceptance of this document covenant and agree far itself, its assigns, and its successors in interest to [he property here granted or any part thereof, that the covenant set forth below shall attach to and run with the land: a. That the Grantee shall operate fhe described property and its appurtenant areas and its buildings and facilities whether or not on the land therein granted as a public road, in full compliance with Title VI of the Civil Rights Act of 1964 and all requirements imposed by or pursuant to the regulations issuetl thereunder by the Department of Agriculture and in effect on the date of this document to the end that no person in the United States shall, on the grounds of race, sex, color, religion, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any programs or activities provided thereon; and b. That the United States shall have the right to judicial enforcement of these covenants not only as to the Grantee, its successors and assigns, but also as to lessees and licensees doing business or extending services under contractual or other arrangements on the land therein conveyed. The Chief, Forest Service, may terminate this easement, or any segment thereof, (1) by consent of the Grantee, (2) by condemnation, or (3) after a five (5) year period of nonuse, by a determination to cancel after notification and opportunity for hearing as prescribed by law. 9. DiSDULeS (X96). Appeal of any provisions of this authorization or any requirements thereof shall be subject to the appeal regulations at 36 CFR 251, Subpart C, or revisions thereto. 5 IN WITNESS WHEREOF, the Grantor, by its Regional Forester, Forest Service, has executed this easement pursuant to the delegation of authority to the Chief, Forest Service, 7 CFR 2.60, and the delegation of authority by the Chief, Forest Service, dated August 22, 7984 (49 FR 34283), on the day and year first above written. UNITED STATES OF AMERICA NORA A URE Deputy Regional Forester USDA -Forest Service, Rocky Mountain Region Department of Agriculture ACKNOWLEDGMENT STATE OF Colorado COUNTY of Jefferson The foregoin,~9JJnstrument w acknowled ed before me this `~~ day of , 2008, by ~V~G-~ ~/f~-ZL~f~ _ ._. .. _.. _- -- ,~ 'r Si elute ~ ~a4~ 1 NOTAF;Y fU;:' ~~-,~~ ~ Seal ~} // "( r_ ~ ~F CCI= `I;'~t:U } ~i4/U G`~' H . 7`A?c-L~l~i~79'! STAT .,.>-».., _ ..+_.-..~ -.-. Name My commission expires: ~'~'~Cf ..i'bDnf According to the Paperwork ReducNOn Ad of 1995, an agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a valid OMB conbl number. The valid OMB control number for This information collection is 0596- OD82. The time required to complete this information collection is estimated fo average 1 hour per response, including the Nme for reviewing instructions, searching exis5ng data sources, gathering and maintaining the data needetl, and completing and reviewing the colection of information. The U.S. Department of Agdculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, gender, religion, age, disability, poliNCal beliefs, sexual odentation, antl marital or family status. (Nat all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information (Braille, large pring, audiolape, etc.) shoultl contact USDA's TARGET Center at 202-720-2600 (voice and TDD). To file a complaint of discrimination, write USDA, Director, face of Civil Rights, 1400 Independence Avenue, SU, Washington, DC 20250- 941 D or call (800) 975-3282 (TDD). USDA is an equal opportunity provider and employer. The Privacy Act of 1974 (5 U.S.C. 552a) and the Freedom of Information Act (% U.S.C. 552) govern the confidentiality to be provided for information received by the Forest Service. 10 1~ tl r ~ , ~ Ij // r ~` i E i ~ I ~ ~ ~ , ~ '~ 1 ~\ \\ ~ ~ ~~ ~ \. ~ \\ ~~ ~ ~ \ ~~ /I ~ ~ 1\ s 8 ° \ 1 1 ~ ~ ~ ~ t` ,i ) ~ ~ ~ / , ~ O ~ ~~ ~ z ~ ~ ~ ~ ~ r7 ~ y ~ ~ ~, , ~ ,. ~~ z ~ '~,,; ~ dgE ~ s ~ ,i I ~ = a C7 , ~ • I E cn ~~\ I ~~ M ~ ~ 1 $ H ~ 66 v A 3 ~ i~ ! / m 9 x ~ ~' ~ s rotrl x ~p ~ i ~ ] l ~ ;a ~ -- ct~1k~-- ta "^'"erm~e<.rnu'ane¢e i wr~cvax w~xa HIGH C~ ~TRY NGINEERWG, INC. + ~ ~s¢r~TUwart y ~ r.. ."~~w~e.mr~ ~C ` _ W.,.,,,,,e.~,,,,.,.... . . Authorization lD: ASP397 FS-2700-9f (03/06} Contact ID: PITKIN COUNTY BOARD OMB No. 059E-0082 Use Code: 751 U. S. DEPARTMENT OF AGRICULTURE p Forest Service F- ~ PUBLIC ROAD EASEMENT z Act of October 13, 7864, (P,L. 88-657}; o w ~ 36 CFR 251.60, et seq N N v q o w c p~_ ~ THIS EASEMENT, dated this ~O ~ day of ,Q(j~ from the UNITED Q Q e~ STATES OF AMERICA, acting by and through the For st Servi ,Department of Agriculture, hereinafter v called Grantor, to PITKIN COUNTY BOARD OF COMMIS TONERS, hereinafter called Grantee. ; e o 0 WITNESSETH: ~ ~ ~ OQ~c WHEREAS, the Grantee has applied for a grant of an easement under the Act of October 13. 1964 (78 F, ~ ~ Y Stat. 1089, 16 U.S.C. 532-538), for a road over certain lands or assignable easements owned by the n. o United States in the County of PITKIN ,State of COLORADO and administered by the Forest Service, v Department of Agriculture. ~ o ~ NOW THEREFORE, Grantor does hereby grant to Grantee an easemenf for a public road and highway along and across a strip of land, hereinafter defined as the right-of way over and across the following described lands in the County of PITKIN, State of COLORADO: ~W 114 Sec. 5. T. 10 S.. R. 84 W.. 6TH PRINCIPAL MERIDIAN, as described on exhibit A attached hereto). The word "right-~of way' when used herein means said strip of land whether or not there is an existing road or highway located thereon. Except where it is defined more specifically, the word "highway" shall mean roads or highways crow existing or hereafter constructed on the right-of-way or any segment of such roads or highways. The right-of-way is shown and specifically described on the plat attached hereto and made a part hereof. This grant is made subject to the following terms, provlsfons, and conditions: 1. Outstanding valid claims, if any, existing on the date of this grant. 2. The easement herein granted is limited to use of the described right-of-way for the purpose of construction, operation, and maintenance of a highway and does not include the grant of any rights for nonhighway purposes or facilities; Provided, That the Forest Service shalt not exercise its right to use or authorize the use of any portion of the right-of-way for nonhighway purposes when such use would interfere with the free flow of traffic or impair the full use and safety of the highway; and Provided further, That nothing herein shall preclude the Forest Service from locating National Forest and other Department of Agriculture information signs on the portions of the right-of--way outside of construction limits. 3. Not applicable. 4. Any reconstruction of the highway situated on this right-of-way shall conform with plans, specifications, artd written stipulatiarts approved by the Forest Supervisor or authorized representative prior to beginning such reconstruction. 5. Consistent with highway safety standards, the Grantee shall: a. Protect and preserve soil and vegetative cover and scenic and aesthetic values on the right-of-way outside of construction limits. b. Provide for the prevention and control of soil erosion within the right-of-way and adjacent lands that might be affected by the construction operation, or maintenance of the highway, and shall vegetate and keep vegetated with suitabie species all earth cut or fill slopes feasible for revegetation or other areas on which ground cover is destroyed. The Grantee shall perform these activities where it is deemed necessary during a Joint review between the authorized Forest Officer and Grantee prior to completion of the highway. The Grantee also shall maintain all terracing, water bars, leadoff ditches, or other preventive works that may be necessary to accomplish this objective. This provision also shall apply to waste disposal areas and slopes that are reshaped following slides that occur during or after construction. 6. The Grantee shall: Establish no borrow, sand, or gravel pits; stone quarry; permanent storage areas; sites for highway- operation and maintenance facilities; camps; supply depots; or disposal areas within the right-of-way, . unless shown on approved construction plans, without first obtaining approval of the authorized Forest Officer. 7. The Grantee shall maintain the right-of-way clearing by means of chemicals only after the Forest Supervisor has given specific written approval. Application for such approval must be in writing and must specify the time, method, chemicals, and the exact portion of the right-of-way to be chemically treated. 8. The Grantee does by the acceptance of this document cov a~ ~e`~fatghat the covenant set9orthand its successors in interest to the property here granted or any p below shall attach to and run with the land: a. That the Grantee shall operate the described property and its appurtenant areas and its buildings and facilities whether or not on the land therein granted as a public road, in full compliance with Title VI of the Civil Rights Act of 1964 and all requirements imposed by or pursuant to the regulations issued thereunder by the Department of Agriculture and in effect on the date of this document to the end that no person in the United States shall, on the grounds of race, sex, color, religion, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any programs or activities provided thereon; and b. That the United States shall have the right to judicial enforcement of these covenants not oniy as to the Grantee, its successors and assigns, but also as to lessees and licensees doing business or extending services under contractual or other arrangements an the land therein conveyed. The Chief, Forest Service, may terminate this easemear oeaod of ngonusehby a determinat Qn to cancel Grantee, (2) by condemnation, or (3) after a five (5) y p after notification and opportunity for hearing as prescribed by law. 9. Dis utes (X96). Appeal of any provisions of this authorization or any requirements thereof shall be subject to the appeal regulations at 36 CFR 251, Subpart C, or revisions thereto. 2 IN WITNESS WHEREOF, the Grantor, by its Regional Forester, Forest Service, has executed this easement pursuant to the delegation of authority to the Chief, Forest Service, 7 CFR 2.60, and the delegation of authority by the Chief, Forest Service, dated August 22, 1984 (49 FR 34283), on the day and year first above written. UNITED STATES OF AMERICA ey: NORA A URE Deputy Regional Forester USDA -Forest Service, Rocky Mountain Region Department of Agriculture ACKNOWLEDGMENT STATE OF Colorado ) COUNTY of Jefferson ) The foregoin,~~J)'nstrument w acknowled ed afore me this day of C , 2008, by ND ~fl- - - •1'~.'-r..•~•.~''' t _ Si ature NAtsCY A. NCi^i-~' ~'~AMF NOTARY PUf~f-IC Seal GY H ~c-~~i4rYl STATC OF COLC}RADU ~.~~>,,~x~~h~:: ci~»~S~t2cG~ Name My commission expires: Oh'OL -.~Od According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a val'~d OMB control number. The valid OMB control number for this information collection is 0598- 0082. The time required to complete this information collecton is estimated to average 1 hour per response, induding the Gme for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of Information. The U.S. Department of Agriculture (USDA} prohibits discrimination in all its programs and activities on the basis of race, color, national origin, gender, religion, age, disability, political beliefs, sexual orientation, and marital or family status. (Not all prohibited bases apply to a8 programs.) Persons with disabilities who require alternative means for communication of program information (Braille, large pring, audiotape, etc.) should contact USDA's TARGET Center at 202-720-2600 (voice and TDD). 7o file a complaint of discrimination, write USDA, Director, Office of Civil Rights, 1400 Independence Avenue, SU, Washington, DC 20250- 9410 or calf (800) 975-3282 (TDD). USDA is an equal opportunity provider and employer. The Privacy Act of 1974 {5 U.S.C. 552a) and the Freedom of Information Act U.S.C. 552) govern the confidentiality to be provided for information received by the Forest Service. 4 ,r X11 n i i i r ~ i l ~ ~ ~ } ~ 11` ~ \ ~ ~ l~ ° \ ,1 g~ ~ ~ 1 ~ ~ ~ ~ \1' ~~I ~ ~ / ~ ~ ~ J ~ ~ CrJ ~ JfJ ~ .i t 1 r~ 6 , ~ a ~ ~ ~ ~ „ z ~ - i ~ ~ i 3 ~ ~ ~ a tq i sucKN*Kaa NIGH U TRY EERING, C. ~ ~ EABEAIENT ®OIAIT N~w~ava°w"~~aw,~i~wmw~i~'~w`w °'mw~a e..~a~i'y«°~~.~,,.:,°~w~.w ~ r 'y r~P*rlwwn riots waus