HomeMy WebLinkAboutbocc.ord.029.2001 ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY, COLORADO,AUTHORIZING THE POSSESSION AND USE, AND
CONVEYANCE OF PARCEL 121 TO THE COLORADO DEPARTMENT OF
TRANSPORTATION FOR THE AIRPORT TO BUTTERMILK HIGHWAY 82
EXPANSION
ORDINANCE NO. 2000-D 2 9
Recitals
1. The Colorado Department of Transportation ("CDOT") is commencing right-of-
way acquisition for the Highway 82 expansion from the airport to Buttermilk.
2. CDOT has identified a parcel of land owned of record by the City of Aspen which
must be acquired in connection with this section of Highway 82 expansion. The legal
description of this parcel, Parcel 121 is attached hereto as Exhibit 1 and incorporated by this
reference(the "Property").
3. The County claims an interest in the Property due to the construction of
improvements on the Property with EOTC transit tax funds.
4. The County recognizes CDOT's power of eminent domain and recognizes that the
only issue with respect to CDOT's acquisition of the Property is the fair market value to be paid
for such property and the allocation of proceeds. It is in the best interests of the public to allow
CDOT to proceed with this portion of highway construction as quickly as possible, so long as the
County's interests are protected.
5. CDOT has submitted a Possession and Use Agreement to the City of Aspen and
the County for Parcel 121, a copy of which is attached as Exhibit 2.
6. It is anticipated that there will be further negotiation and agreement between the
City and the County concerning the allocation of proceeds from any ultimate settlement or
determination of value for the Property.
7. It is in the best interests of the public to authorize the right of entry, a possession
and use agreement, and eventual conveyance of the Property to CDOT.
NOW, THEREFORE, be it ordained by the Board of County Commissioners of Pitkin
County, Colorado that the Possession and Use Agreement for the Property is approved and that
the County's interest in the Property be conveyed to CDOT; the County Manager is authorized to
sign a Possession and Use Agreement for the Property upon terms and conditions substantially
the same as those set forth in Exhibit 2; and the Chair is authorized to sign necessary documents
to convey the County's interest in the Property to CDOT. Staff is directed to work with the City
to finalize negotiations on value with CDOT and to allocate the proceeds.
INTRODUCED AND FIRST READ AND SET FOR PUBLIC HEARING ON THE
24th DAY OF MAY, 2000.
l IIIIII lllll llllll llilll Illl IIII lllllll III llill IIII I'll
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Ordinance No.2000--04
Page 2 /
NOTICE OF PUBLIC HEARING PUBLISHED IN THE WEEKEND EDITION
OF THE ASPEN TIMES ON THE 10th DAY OF JUNE, 2000.
APPROVED UPON SECOND READING AND PUBLIC HEARING ON THE 28th
DAY OF JUNE, 2000.
PUBLISHED AFTER ADOPTION IN THE WEEKEND EDITION OF THE
ASPEN TIMES ON THE 8th DAY OF JULY, 2000.
THIS ORDINANCE SHALL BECOME EFFECTIVE THIRTY (30) DAYS AFTER
PUBLICATION FOLLOWING FINAL ADOPTION BY THE BOARD.
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
By:�4jam k A-, Z/A'5�2
Je ette Jones, De y Clerk Shellliie�Roy Harp rr,�Chair
Date:
APPROVED AS TO FORM:
Deborah Quinn, Assistant County Attorney Suz Konc an, County Manager
cAhome\vickiv\ords\cdotroity.doc
IIIIII IIIII 111111111111111111111111 IN IIIIIII III IIIII IIII IIII
452135 03/06/2001 04:12P ORDINANC DAVIS SILVI
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I
COLORADO DEPARTMENT OF TRANSPORTATION
POSSESSION AND USE AGREEMENT
Parcale
project code ISM)
,
This agreement is made this day of a.d. 19 between the State Department of
Transportation,State of Colorado,(herein referred to as the department),and Boa-d 77 County Corsn'ssio ers -
Pitkin Cornty and Cr«, ' eage (herein
referred to as the landowner) for the purpose of granting the inevocable right to possession and use to the department, its
contractors,agents,and all others deemed necessary by the department of paroel(s) 121 and 121 Access
of Project no.VH OA9'-O5+ •« 7 for the
purpose of constructing a portion of State Highway no. 82 .The property involved is described more fully in Exhibit A(and
Exhibit B)attached hereto and made a part hereof by reference.
1.In consideration for this irrevocable grant of possession the department will tender to the landowner(s)the sum of
969 640.00 .The department shall be entitled to take` ,P possession upon tender of payment.It is understood the sum
tendered represents 1007 percent of the department's appraised value of the just compensation owed to the landowner(s). It '
is agreed this sum shall be deducted from any final settlement amount,award,or verdict.It is also agreed in the event the ultimate n _�
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settlement amount, award, or verdict is less than this sum the undersigned landowner(s) shall refund the difference to the na
department.
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2.The landowner(s)represents that the title to the property is free and clear of all liens and encumbrances or that proper releases
will be executed for the property herein described prior to funds being disbursed under this agreement.The landowner(s)further
agrees to hold the department harmless from all liability for unreleased or undisclosed liens or encumbrances affecting the property
herein described.
I
3.This agreement is made with the understanding the department will continue to negotiate in good faith with the undersigned
landowner(s)to acquire the interest in the property described by direct purchase.It is further understood in the event a settlement
is not reached within 90 days of the signing of this agreement such failure will be a confession that the negotiations to acquire
the property described herein have proved futile.At this point the department may begin proceedings in eminent domain to acquire
title to the property herein described.The department shall not unreasonably delay the commencement of proceedings under the
eminent domain law once the time provided for In this paragraph has expired. If the department begins proceedings in eminent
domain,it is understood and agreed this agreement shall continue in effect until either a settlement is reached or a rub and order
as provided for in C.R.S.39-1-105(3)is entered by the court.
4.If the department begins proceedings in eminent domain it agrees to deposit the remaining amount of its appraised value of the
just compensation owed to the landowner(s)into the registry of the court if it has not previously tendered 100 percent of this amount.
Any sums deposited in the registry may be withdrawn bythe undersigned landowners)0 all parties interested in the property sought
to be acquired consent and agree to such withdrawal.Any such withdrawal of said deposit shall be deducted by the clerk from any M>O
award or verdict entered thereafter or by the department from any settlement reached.It is agreed in the event the ultimate settlement —J V
amount,award,orverdict is less than the total of the sums paid to and withdrawn by the undersigned landowner(s),the undersigned t�1/1 t
landowner(s)shall refund the difference to the department. F
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5. It is agreed by the undersigned in the event proceedings in eminent domain are begun the valuation date for determining the
amount of just compensation shall be the date on which payment was tendered to the landowner(s)pursuant to paragraph one above. -Cc V
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S.it is agreed by entering into this agreement the undersigned do not waive any right to raise any issue pertaining to just compensation C3 Y
—c
at the time of trial. c 1--
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The purpose of this agreement is to allow the department to proceed with its construction project without delay and to allow the
landowner(s)to avoid litigation at this time.
9.The undersigned landowner(s)agrees)to pay all taxes,including prorated taxes for the current year,and special assessments N m
due at the time the department takes possession of its(their)property. w Z
9.This agreement shall be deemed a contract and it shall bind the parties only when signed by all landowners or their designated =m 0
representatives and one of the following on behalf of the department:Staff Right of Way Manager,Staff Right of Way Supervisor, . m Regional Transportation Director,Region Preconstruction Engineer,Region Rghtof Way Supervisor ortheir superiors.This contract ' �10
shall also emend to and bind the heirs,devisees,executors,administrators, legal representatives,successors and assigns of the _
parties. N
CD
�eg 9
10. It is agreed the department shall record this document. iiiiiiiiiiiiiiii m m
This Possess Loa and Use Azreexect n,-• '>e e_:ecc-ed ._, cor'Pr,nr«c, o,' t7
11.Other cond'dionssG'cF to>j n :o�e-��- - Q�e -- �m Im
e•:ecu«+ng n es ecu-fired - Ps Z..✓e ei:ecs ea a'_ 'east one co i e n-
vt
Landowner agrees to indemnity and hold harmless the Colorado Department of Transportation from all claims and liability related —ffel In
to the presence,disposal,release or clean-up of any contaminants located on or attributable to activities occurring on the property
prior to the execution of this Agreement.Uvxkw -
1er SE. �.Pm..CgtU SSe or FEIN# Dab
n'
L ^er J SSeorFEIN# Dab
£ ter �rG44r6A4
FOR THE DEPARTMENT OF TRANSPORTATION
Rghtol Way SuperNsor
Ec ✓15Yt �G4 Dab
WI„les,elI ROWICywn.PrwMy w.ner/Gr,vy.Rp,m qpW,P,nY-gpron p,ey,nlrvaanE P
eoltlenlel.Ryon LorMrvaon Ere�we,/11wdeM Ey�mer ^Be,w mP eeneBe. CDOT Fs,n RL N]
EXHIBIT 2 TO ORDINANCE
^""�TwrarV DQe
.po= CW AND F PONNTAbox "wwa
AGREEAAEIVT '"'
cede tih
ThwrWoroyngrt fs made age. f—a-:^day of
T tfoUen'811 M Cobryd „r e
0.1Mfaln naarn�dT .the •�—•---mod. is
dsPanment),andr, ....� ,aeon the state p r■femed tau 1M landoanrsr) - :ph � •. .a r,.. . . •Patm•M W
am to.aBamo,and aN ethao d•smsd�eaosa9 the
s Inswceble rlgM to doeeeuion and ur � IMrein
PuPou of ssnshuctlng■ pion of�olea no. aPanm•M of peroel(a) r Io th dsWrfMont No
Exhibit E)enachod herselfend mad•. a 'aY no. Tha , .�
s Lill
Pan he by to rfttKa; try ww Is derdbed mono hrN for the
1.In oawtdantbn for this. - Y in Exhith A land
ikarrdarod sMdmeM sha��q the dsQ�°rS'!�s ,�ender,to,tM kndewrarr(s)Me aum of
ate,' roPna•Mo.�� ntNl•tl to 1
/®°s a• om am �haB bo.Badua d from a y 'tat vaN.a m•1 anconm rolpayrttdnt k k undenII the
award er wrdla k IMida s•Blsment amoynl,awW,or Dentudbn owed to M•kmfo
dapamneM. ' lhk aum M• undersigned YeNia.It b alas agreed b Ih•u•M thee(a)•it
omdownar(a) shall refund tin dklennce
to� y aZ'IU bpi�axooNad�rMManM Chet Ih•tkla b Ih r the
a h�rrwd�A y a•d•Panm.M hvmkti fro Idl�'rb m�n�jwo�d dosed lk� g`aam�ent The landmt r
n.r('fologgeor
lo
or encumbrance.affealrg the prepeny
. k not�"how emu^�• •at in pre�progeny standing the
describe by ed u condnw to negotiate In good faith with.fin undersigned
MIaP M.rly describ►fed heroin hiw_111—days�tpr�y signing
N .gr this in maM Such f�akq•wBl h•s cepartmentynfeoslonntoad In the event a aspl•tr�t
Property domain,kk ^o�eroin�maI The providad for this nO dunraasonaba dakytho '�nBs^In•min•"Istions to sWu►•
maybe
is _ r^aneement of rot de rods under the
♦a
r provided for In Cad�prpdtha•mend by th•ag Continue nbY expired.either a d*11,911mani
a in nu^ .W�'In eminent
R.s.i&1-1tnut effoa unto begin prod of
A II the ' sd or a rule and order
dopenm•ntbphm
Just mmpenalrul owed lO tho mod( •mb•m domain k agrees to dopook the remain-
Any amount of hs appraised veto of tin
.. t �urr red consen in t
an ngkyy may biw hdr�`b the ,do" kheas�(r*4byy1ndendtooparo•M'ofthie amount.
acOWrad oonrm and agree to awh withdrawal.y snlpr red landow a"wood orvardhs.Mond tMmaffaor It the dopanmem�m��anrsM Of saidd. "If all Parties ntaductedrested lby the clodr from an
amount,award,Orvoin ict k Ire pun tAa aoumped wnl of tale d W sag read be find property sought
Is^dotsrtsH•1.hall nhsM Me di llerancn m the d panmont m as w�tednwn byfha ungdenlgreed n"•d^jLy ;itimae s•mem.nl
B.h is ( ),the undsntgnad
=� amoum�ua-MP$s$$aaion�AMbe thned In t date• onwep kh pdaymsruwat N.omain are begun the wluatbn data for debiminf
—_J V �Gw Brood by utarhp lrrb MkaDtoamemlM ands �s'd•l+ndowrur(s)PunuaMtopangraphonsabova—.. pme of trial, nlpn•d do notwalw artYrlpMbrako artylrue Panain J Panaslbn
�aa F bg to uat Compensation
to 7.The purpose of Mk IagrM pant bh at irh�tl�w the d panment to proceed adlfr ke oorinrctlon ro
_ry landewrter(a)to avoid
c Z B.The undprilgnop I urdowr spayad, P Jec without delay and to.lbw the
e F duo a me time the dePanmo l p uraplortisalon d its
pew tp arty. d taxes for the uunnt year,and special aeseeen onu
=«« This agreement shah be deemed a nrrbaa and it `
IL nPraaMapven and one of the 106""100 be she dbind N•Parties staff aeon sign Y IwWown
K m RsgbnalTM-mportatlon Dbecbr,Rgbn g hk of t Signed b e/
o a 66N 4110•a bind the h•ho,d rownshuabn ganmant�sb IRkA2M Way Manager.Staff Rat of ways parvkoreir a
end to and EgMost,q
N m pwtiw. .Wass,"sources,adminisbagMa legs rpm UPOMSOI their supodon.Thiscon
`•r sggggggz 10. k Is nm _ r succe+.wa and assigns.a the
grad the dopaant shod,raoord this
�mm 11.Other cmndhlo cir s�,r�o.ur:.ron :ri.: tBocumem�+unant: - r;,,
i.— r 0 .;r.L,_rn:r,'tp !♦ o:ar4!a9� 7r fp'ii t.
�tDO ..•. •, 1L a,i
r. a,
LarrdoWner agrees le Won,
*and hold
m 19 prior m eaa�drposal,raiser or ckan•up a any contaminant$boosthe Coiongdo o of Transportation from ell claims end Gabliky,rolaad
upon of thin Agroomem, looaad on or annbaabk to activities=m occurring on the property
_�n . 5=.x F,y1.h4rlrr�i slit orppNe _
—fNO a FMO.�7��c �£'{'f Sw er
—•r m 4 o.w
FOR THE DE FAR'j 4EOI OF TUMPORTATION
wBtdawro.
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ew"'q.ayin°i"!'"1�'a"r�au4•iM,�, r f*'•�i:r Ra�' i
Prerr..wr.
��Z ' d 'Ebi36 • �N AND
Wd6ti ! 10H ' 91 ' 9ej
SIGNATURE ADDENDUM .
Attached hereto and made a part of that certain Possession and Use Agreement by and
between the State of Colorado Department of Transportation and City of Aspen and
Pitldn County.
CITY OF ASPEN
_ ���./ �y: JJo� oft:ester� at�
Board of County Commissioners of Pitldn County
/1 Date
Mill Hill111111IIIIII Ill IIII IIIIIII III Hill IN IN
452135 03/06/2001 04:12P ORDINRNC DAVIS SILVI
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ti/E ' d £ti86 ' ON Wd09 l lor"
EXHIBIT "A"
PROJECT NUMBER: NH 0821-051 UNIT 1
PARCEL NUMBER: 121
Project Code: 12269
Date: January 12,2000
DESCRIPTION
A tract or parcel of land No. 121 of the Department of Transportation,State of Colorado, Project No.
NH 0821-051 Unit 1 containing 1.159 acres more or less,said tract or parcel being a part of the excepted and
reserved tract GC, as described in book 294, page 943 in the records of Pitkin County, in the Northeast
Quarter of Section 3,Township 10 South, Range 85 West, of the Sixth Principal Meridian, inPitkin County,
Colorado, said tract or parcel being more particularly described as follows:
BEGINNING at a point on the Southerly line of said tract GC, from which the Northeast corner of
said Section 3 bears North 42" 53' 39" East,a distance of 1,480.19 feet;
1. Thence North 09'33'41"Fast, a distance of 180.68 feet;
�« 2. Thence North 02° 05' 48"East a distance of 394.41 feet;
J Cl
�'^F 3. Thence North 03" 43'24" West, a distance of 97.46 feet;
—(n
c C3 4. Thence North 06°43' 48"West, a distance of 212.79 feet;
z
�cc« 5. Thence North 18°58' 06"West,a distance of 230.85 feet to the Northerly line of said tract
won GC;
—om
�N m 6. Thence along said Northerly line, South 89" 12' 25" East, a distance of 62.46 feet to the
�. z Westerly Right of Way line of Colorado State Highway 82(Project No.AWP 2012-13,Nov.
=mm 1937);
In O 7. Thence along said Westerly Right of Way line,and along the arc of a curve to the right with
==m m a radius of 1,860.00 feet,a central angle of 21°38' 03",an are length of 702.31 feet and a
m m (chord which bears South 060 45' 03"East, a distance of 698.15 feet);
�mrc
8. Thence continuing along said Right of Way line, South 04° 02' 29" West, a distance of
�a o 406.84 feet to the Southerly line of said tract GC;
_In
9 Thence along said Southerly line,North 89" 09' 31" West, a distance of 54.00 feet to the
Point of Beginning.
The above described tract or parcel contains 50,487 square feet(1.159 acres), more or less.
BASIS OF BEARING: South 890 12'25"East, 2703.97 feet, along the North line of the Northeast
Quarter of Section 3;Township 10 South,Range 85 West,of the Sixth Principal Meridian.The North Quarter
comer of Section 3 being a 2.5" G.L.O. Brass cap and the Northeast corner of Section 3 being a 2.5" Brass
cap,LS 9184, 1994. %'110 RE
� °""""'°•+r
PREPARED BY: C)
Ronald E. Ilk, PLS 24313 J'v�P/oo
MK Centennial = v °e 24313
o -
10822 W. Toiler Drive
Littleton, CO 80127 -y%
A!11,±"00 E ta'14R r`
YI\I 2VtOWLLEGALSITK-131.WC
lenwr, 61-143 Z'."•'Tb ORDINANCE
C f_,
EXHIBIT"B" /
PROJECT NUMBER: NH 0821-051 UNIT 1
ACCESS
PARCEL NUMBER: 121
Project Code: 12269
Date: January 12,2000
DESCRIPTION
EACH AND EVERY RIGHT OR RIGHTS OF ACCESS OF THE GRANTOR to and from any part
of the right of way of Colorado State Highway No. 82,a Highway established according to the laws of the
State of Colorado,and from and to any part of the property of the Grantor in the Northeast Quarter of Section
3,Township 10 South,Range 85 West,of the Sixth Principal Meridian,inPitkin County,Colorado, abutting
upon said Highway,along or across the access line or lines described as follows:
NH 0821-051 UNIT 1 121 Westerly
(Project No.) (Parcel No.) (Location of Line)
BEGINNING at a point from which the Northeast corner ofsaid Section 3 bears North 42°53'39"
East, a distance of 1,480.19 feet;
1. Thence North 09° 33' 41" East, a distance of 109.71 feet to the center of a 116.05 foot
opening which is being excepted from this access limitation agreement;
2. Thence continuing North 09'33'41"East, a distance of 70.97 feet:
3. Thence North 02° 05' 48"East, a distance of 394.41 feet;
4. Thence North 03"43' 24"West,a distance of 97.46 feet;
5. Thence North 06°43' 48"West, a distance of 212.79 feet;
J Ct
i�—U)F 6. Thence North 18° 58' 06"West,a distance of 230.85 feet to the POINT OF
c TERMINUS of this description.
w WIDTH CENTER OF ACCESS OPENING OPPOSITE
be
116.05 Right 844+76.55
�iwIL
—o m BASIS OF BEARING: South 89°12'25" East,2,703.97 feet, along the South line of the Southeast
N m Quarter of Section 34,Township 9 South,Range 85 West,of the Sixth Principal Meridian.The South Quarter
��z comer of Section 34 being a 2.5"G.L.O. Brass cap, The Southeast corner of Section 34 being a 2.5" brass
m m cap,LS 9184, 1994.
eD
�Kn °�QpDO RfGI,r�''•.o
m m PREPARED BY: o� .rP D '-
�m m Ronald E. Ilk, PLS 24313
W�—m a MK Centennial o e 24 1 �;
n10822 W.Toner Drive
i o Littleton,CO 80127 x
r.aenavrowv.ecusnc-isi.uoe Page 2
Im..a iz 2a g
COLORADO DEPARTMENT OF TRANSPORTATION P'a"ri • a
POSSESSION AND USE AGREEMENT to 'ASC to Huttermi'k
ParcelsProloct
Dods(SAi)
+^n
This agreement is made this day of ad. 18_between the State Dapaamem of
Transportation,Stets of CoorZ.'(heroin referred to as the department),and$oard o` Cour t+r Co^n'ss io a-s a° sa.._ p+.kin County and C--v o' Asn a (herein
retorted to as the lendowcer)for the purposed granting the irrevocable right to possession and use to the department, its Contractors,agents,and a8 others deemed necessary by the department of pa cal(s) 121 and 121 •c c s a - -
ctProjsgno. _y11 purpose of mn;b_ng a portion of Sta e is
the
and t Highway no, 91 , The property involved descried more fully in Exhbk A(and v
Exhibit B)attached hereto a made a part hereef by reference.
1.In Consideration for this irrevocable gram of possession the department will tender to the landowners)the sum of
."_A40 inn The department shall be entitled to take possession upon tender of payment.It is understood the am J
tendered represents JnnT percent of the department's apprised vabe of the just Compensation avoid to the landownw(s).It is agreed this sum shag be deducted from any final settlement amount,award,or verdict.It is aim agreed in IM avant the ukimats ,VJ
settlement
amount, award, or verdict is ben Man this sum the undersigned landowner(s) shall refund the event
b the department. L. ...,._.
2.The landowner(s)represents that the this to the property is free and clear of all lima and encumbrances or that proper releases t will be executed for the property herein described prior to funds being disbursed under this agreement.The Iandownar(s)furtherer._,
agrees to hold the department harmless from all liability for unreleased or undisclosed liens at encumbrances affecting the properly
herein described.
i .
3. This agreement is made with the understanding the department will Continue to negotiate in good faith with the undersigned
landowner(s)to acquire the interest in the property described by direct puschau.-h is further understood in the event a settlement
is not reached within 9_days of the signing of this agreement such failure will be a Confession that the negotiations to acquire the property described herein hew proved futile.At this point the department may begin proceedings in eminent domain to acquire
this to the property herein described.The department shall not unreasonably delay the Commencement at proceedings under the
eminent domain law once the time provided for in this paragraph has expired. If the department begins proceedings in eminent
domain,it is understood and agreed this agreement shall Continue In effect until either a settlement Is reached or a rub and order
as provided for in C.R.S.38.1-105(3)Is entered by the Court.
I �
4.If the department begins proceedings in eminent domain it agrees to deposit the remaining amount or its appraised value of the
just Compensation owed to the landowner(s)into the registry of the Court 0 it has not previously tendered 100 percent of this amount.
Any sums deposited in the registry may be wkhdrawn by the undersigned landowner(s)if all parties interested in the property sought
to be acquired consent and agree to such withdrawal.Any such withdrawal of said deposit shall be deducted by the Clark from any —j p
award or verdict ordered thereafter or by the department from any settlement reached.It is agreed in the event the ultimata senloment J U amount.award,orvardict is tau thanthebtef ofthesums paid to andwfthdrawn bythe undersigned landowner(s),the undersigned I any
landowners)shall refund the difference to the department. ��Op 0 3.
F
up z
S. It Is agreed by the undersigned in the event proceedings in eminent domain are begun the valuation date for determining the N Y a mount of just compensation shall be the data on which payment was tendered to the landowner(s)pursuant to paragraph one above 1- �a V
B.ttlaa reed .. - —w ��_
g by entering into this agreement undersigned do not waive any right to raise any issue panaining to just compensation Now no
�QFat the time of trial. ZZ
7.The purpose of this agreement Is to allow the department to proceed with its Construction project without delay and to allow the yW=�Y �O landowner(s)to avoid litigation at this time. W w O to
8.The undersigned landownar(a)agrees)to pay all texas,including prorated taxes for the current year,and special assessment$ s�q�IL N m IL
due at the time the department takes possession of its(their)property.
9.This agreement shall be deemed a contract and it shall bind the parties only when signed by all landowners or their designated N m m representatives and ona of the fallowing on behalf of the department:Staff Right of Way Manager,Stall Right of Way Supervisor, ��Z .e
Regimal Transportal'ron Director,Region PrsConstrocdon Engineer,Region Right Of Way Supervimrortheir aupariors.This Contract N m I —m m
par ti s. extend to aed bled the heirs,dwiaees,exetuiore.administrators,legal representatives,successors and assigns of the m m its N O
shales.
10, it is agreed the department shall record this document.
Pos secs'_o-. e1:r. 7sP .,ecee_ert �::• SP P--e +n
11.OtherCoedkiong pert
h -- CIt.P.d ._ COS.:P.^,w_�t^, �w ( —ink
�_�. •_OnP nor - r
e-e^_L i^Z pc _e.. .-_ ,Pcu4rPc! n _e5 h-Je`e'( -\� n�
- .- .. rw� aC1 R� dC '_aESt 01P COL'^`P.^.Dy^C pp-_
Landowner agrees to indemnity and hold harmlen
iiiiiiiiiN
ass the Colorado Department of Transportation from all claims.and liability related �1~.n �_i n
own
to the presence,disposal,febasa or clean-up-of any Contaminants located an or attributable to activities aocumng on the properly �r_C
prior to the execution of this Agreement. _
Lando"nx SSe or FElNi Dab
�* SE! AT7..C9EJ
c SSeor FEINe Dar
J-4L-c -(cr Jill-�(�¢rUii4
FOR THE DEPARTMENT OF TRANSPORTATION
Right of%WCay S�wr
y i�r
CSC /t '�tr4 Der
Oasnn Nqp Column E �- �+-Pq�m NOW r Pnr.ggin„Pnmm,mm�Egwr.Pmwe�
gnPMaraM eq.w �^q" r+loT ir,r,rLe •s:
ram'-- J •;,,, r,
f
�ORADO airru�r rr OP I,
CWMfDVUSE ARgEE�h
•p 1
Will
Io fit;'erail'k
' areNa
This d7reynrm Is made drlr •, . ,
• TrP"•P°�bn,91eh of tbfondq as vs f r t_. _ '•r
'. md. Yr
. taarrad to as the ,+ ww vr•dePedm•m),and r .tween the stab 0ePart net _
°° •operate °eaurl a dtd PMpoaa d1 m •.. • a
016.
Cos"by the
PWPD",)ate efle•PtlnNn ofof tA. a Wro•1rq P°u"'ion .nd aao to the d.P„e„• 1
y ,,.zn
/ 1.In considerationIII
and mad•■Part herea by .. a Proparly mro w d 1w this ••arlbrd moo Noyy
"arms"gram of i ldaDb A tarp
tarWnad nPrNenryto wSr" :dthlosmhj The dpadmerdati adMeperyn•m a'I�bnd•r,b,tltd 4n W
. tl el&44"1 almuuro w ,may�@ft.. "Poll
t ( m w!e•neadd•
d.auarad ePPml..d
Zeparotrem. dmir 1Na aunt the Undersilh over
gned shelf nM the
its$ 4�j claw Of
agr 66 n prolearly he*
I The IshIdo d for 1M m" M the'he Ihla b theInes tAe dMlemnp b dM
r hh rein d hold th.dpwiment hams from Wiabbad�y at Nr b"dipure•d under this ano and Fyn nt T e that PrePN ra•••r
a •aeadarundiedoaadIonaoreneumbran encumbrances ")der
8.This 49mem•111 AN made with m• e•e aHearyg IIr Property
Wdawner(•)to btdereandl department w
e•gyka the In tg IA•d
�gqesy t Is not"a"hod v`ghIft he Pm"dwibedd. �dayealA•afvnlnaatt e PMP" bed by dk•psprgrmemewd wushy aWde•In 9�dfaith with tl!e undeu .
be a
ssaluira
domain,k I• en4 lA•d lesa y� aheN flei"arble Paw�uryp• yy the no
oin pouybj�delay Me car, �ems W�^bb epyyefullhor understood In the seen,A f
Ua8PmvWmdhulnnderstood
S'i4!'ned dIt me em.m or Ini this
rsoh she"u W Yae�i. a "gym xnPid«dr Y
4 entered 6y the kge In•m
and erd•r
.. Ahyvjm in it
aaaden WwwddInt a dbwy manya into reRP J"'Offlill" maryo thocotodeaaah dratt" &mo�a�Y+P�aMw wlu•Mgr
Is be eopyy��In
airmaW may beam nrp M� �OOertNkAaa G
inaum,•teats,arvvdlo It's"am th foal d�h,ouuaw Wbba maMreedmd'll. hag
dn de•vmedlby�NMcfromoothig�jltyr Jty
andoaner(y aha0 N&W the di eranaa to via department,
w+Ihdmwn by itt•Undersigned em me ultimate sodberent 1tt�rr
!.it Y aDred by do raid• ngsIn
kwm rafdnd ladawner(s),tlt•urkeryyn•d wn _�N
vaso
�>C ? a y�ad oOmPensebn dralMthe�date onwhP ke�Peym•mwaateaderansinaI begun the
vManan dab fordWmd —�
wf7. t timPOrowO.Imo MknOi•em•m'he umeabnadda nntw"arryrighttomfp MAY�.•uop rtea!Ir!p eJuant'a � pormailon
• f=oY
_ F
M>c > Ii11d0Nnt•r(•)M avoW ee tlNdeb that dpamrr•m ro aroo•d whh its eons d
-� a.Tna and - construction Prolep wiNrout delay and to aibw the lttittt�
Y dUe at the Wt��dp ar ant too meh)to Pay all tax•a,ineludLq vroralad rat:•e fa the wmm w,
=M d 9.71ria eYte•m•lt1 chef b•dewd a PoateWen a its
(thek)Property, Y and special amaf rl dnb =v at
and h ShNI hind the parit"only
when signed
m �T""d w bind ai Region '.uogen dE ylnat..r ppb gq rody�manager,ej aaatf pis of way tS�w m
—N rePteam,admintapatpre,feat n�peuParviwrarthekwPadpta•ThM ea
s Ib•h 12 agreed the departmen spoilt raved this "tadreer etroee•aom cad eefbn•:n Mhi
Sil
ORION m t1.Other oartd- y4t. h1- . Ibtarm•m. =.pi m
0 or:.ran +ttl, fine
—manage�C _?i,_:ir:1.'lY 7r.!'rti'!ai rfLL1.{'Ar1 MAll,a7:`:hi^ 1>9 e:v,nLead 'lM ..^.:•J.:L.T i'U,:i r!:tl� , _=N
Larml
�m in
0w ar area M indemnity and hold AarmWa the C. rn r.
M t9 _ Prior b db•sea thin Agm m.�rnaM4 a mmatann 6wbd on or01baftftl of 7an �rtafbn from allzJaima and BaOV - - �m a
ro d rrotmlb6 to aaivhl a a 'ratatN f N
eaurnn
—fir 'r• �z9 hrw'w!Tr�t MaswPBNe en dr•areP.eM
r�N O
C a0 "�C �}'t r t� "am
irE7ly
FOR THE 08P pate -
Ap TMlEtd F Op T11AMMRTATIOhi
Sol
bl7, d E#RR oN . w Fr, nwG`7Cw a
SIGNATURE ADDENDUM ,
Attached hereto and made a part of that certain Possession and Use Agreement by and
between the State of Colorado Department of Transportation and City of Aspen and
Pithn County.
CITY OF ASPEN
By .��est1�i✓/ 1p >o
3.
10 oer ate —�"
=y h
may• � to0 5 =g
_- _
M
Board of County Commissioner of Piti in County � IL
wm— d
a� m
= m
= m
��z
B L. w
Q Date
-Nh
� w
I
IIIII IN IN
4521V 03/06/2001 04:12P ORDINANC DAVIS SILVI
7 of 7 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO
t/E ,• d 086 ' 0N NMI 1007 ci caa
EXHIBIT "A..
PROJECT NUMBER:NH 0821-051 UNIT 1
PARCEL NUMBER 121 '
Project Code: 12269 .
Date:January 12,2000
DESCRIPTION
A tract or parcel of land No. 121 of the Department of Transportation,State of Colorado, project No.
NH 0821-051 Unit 1 containing 1.159 acres more or less,said tract or parcel being a part of the excepted and
reserved tract GC, as described in book 294, page 943 in the records of Pitkin County, in the Northeast
Quarter of Section 3,Township 10 South, Range 85 West,of the Sixth Principal Meridian, inPitkin County,
Colorado,said tract or parcel being more particularly described as follows:
BEGINNING at a point on the Southerly line of said tract GC, from which the Northeast comer of
said Section 3 bears North 42' 53'39" East,a distance of 1,480.19 feet;
1. Thence North 09'33'41"East, a distance of 180.68 feet;
t•J�
2. Thence North 02' 05' 48"East, a distance of 394.41 feet; _
=y I 3. Thence North 03'43'24" West, a distance of 97.46 feet; =-J o
�o 0 4. Thence North 06'43' 48"West,a distance of 212.79 feet
—u z =Q
w 5. Thence North 18' 58' 06"West, a distance of 230.35 feet to the Northerly line of said traci =z w
ch
-yr M
Thence along said Northerly line, South 89' 12' 25"East, a distance of 62.46 feet to the m
z Westerly Right of way line of Colorado State Highway 82(Project No.AWP 2012-B,Nov. m
mm 1937);
�m
Paz
iza9'm
�v m 7. Thence along said Westerly Right of Way line,and along the arc of a curve to the right with �. m
e m a radius of 1,860.00 feet, a central angle of 21'38' 03" 3
,an arc length of 702.31 feet and a r_
�o m (chord which bears South 06'45' 03"East,a distance of 698.15 feet); —�
—�
�n S. Thence continuing along said Right of Way line, South 04' 02' 29" West, a distance of �m z
e `0 406.84 feet to the Southerly line of said tract GC; n
r Pl N O
9 Thence along said Southerly line,North 89' 09' 31" West, a distance of 54.00 feet to the —e r
Point of Beginning.
The above described tract or parcel contains 50,487 square feet(1.159 acres),more or less.
BASIS OF BEARING: South 89' 12'25"East,2703.97 feet, along the North line of the Northeast
Quarter of Section 3,Township 10 South,Range 85 West,of the Sixth Principal Meridian.The North Quarter
comer of Section 3 being a 2.5"G.L.O. Brass cap and the Northeast corner of Section 3 being a 2.5" Brass
cap, LS 9184, 1994. �,auvru..hq,
°�QPD RREG
PREPARED BY:
Ronald E. Ilk, PLS 24313
MK Centennial ie 24313
10822 W. Taber Drive
Littleton,CO 80127 _ �V..
v113'fII11ROW 1LECALSITK_1:1IXK
A( luyr, ' .a
Exmrr"B"
PROJECT NUMBEA:NH 0821-051 UNIT 1
ACCESS
PARCEL NUMBER: 121
Project Code: 12269
Date: January 12,2000
DESCRIPTION
EACH AND EVERY RIGHT OR RIGHTS OF ACCESS OF THE GRANTOR to and from any part
of the right of way of Colorado State Highway No. 82,a Highway established according to the laws of the
State of Colorado,and from and to any part of the property of the Grantor in the Northeast Quarter of Section
3,Township 10 South,Range 85 West,of the Sixth Principal Meridian,inPitkin County,Colorado, abutting
upon said Highway, along or across the access line or lines described as follows:
NH 0821-051 UNIT 1 121 Westerly
(Project No.) (Parcel No.) (Location of Line)
BEGINNING at a point from which the Northeast comer ofsaid Section 3 bears North 42°53'39"
East, a distance of 1,480.19 feet;
1. Thence North 09° 33' 41" East, a distance of 109.71 feet to the center of a 116.05 foot
opening which is being excepted from this access limitation agreement;
2. Thence continuing North 09°33'41"East,a distance of 70.97 feet.• J
—y
3. Thence North 02°OS' 48"East, a distance of 394.41 feet; �a z
�Q4. Thence North 03°43' 24"West, a distance of 97.46 feet; z=
e 5. Thence North 06° 43' 48"West,a distance of 212.79 feet;
6. Thence North 18° 58' 06"West,a distance of 230.85 feet to the POINT OF a
=w M TERMINUS of this description. �`o
eau
CJ w WIDTH CENTER OF ACCESS OPENING OPPOSITE ��o
�az f 116.05 Right 844+76.55 m
mod c
=gym
m BASIS OF BEARING: South 89°12'25" East,2,703.97 feet,along the South line of the Southeast MtA m
,m Quarter of Section 34,Township 9 South,Range 85 West,of the Sixth Principal Meridian.The South Quarter =2 m
o:
r!z comer of Section 34 being a 2.5"G.L.O. Brass cap, The Southeast comet-of Section 34 being a 2.5" brass an
6�—m as cap,LS 9184, 1994. _
KV,in
REGI
PREPARED BY:
m Ronald E. Ilk,PLS 24313 �� j� F�� 9a
Mac MK Centennial
o r 10822 W.Toiler Drive rD '
in o Littleton,CO 80127 x
Y:om2Mowv.EGAuuai21.00c Page 2
OOLORADO DEPARTMENT OF TRANSPORTATION rPMJ.1.d
o t- , t-;- I
POSSESSION AND USE AGREEMENT to Buttermi,i
n P
Ae)
t�
This agreement is made this day of a.d. 19 between the State Department of
Transportation,State of Colorado,(herein referred ton the department),and 3oa-d o` Cour,,
PALkir, Coun-: and Cl-, of Asps (herein -
referred to as the landowner) for the purpose of granting the irrevocable right to possession and use to the department, its
contractors,agents,and all others deemed necessary by the department of parcels) 121 a-d :2' Access
of Project no. VP OR9l-0SI 11n•- 1 for the
purpose of constructing a portion of State Highway no. p, .The property involved is described more fully in Exhibit A(and
Exhibit B)attached hereto and made a part hereof by reference. `
1.In consideration for this irrevocable grant of possession the department will tender to the landowner(s)the sum of v
4A9 640.00 .The department shall be entitled to take possession upon tenderof payment,it is understood the sum
tendered represents i nn7 percent of the department's appraised value of the just compensation owed to the landowner(s).It a
is agreed this sum shall be deducted from any final settlement amount,award,or verdict.It is also agreed in the event the ultimate
settlement amount, award, or verdict is less than this sum the undersigned landowners) shall refund the difference to the
department.
2.The landowners)represents that the We to the property is free and clear of all liens and encumbrances or that proper releases
will be executed for the property herein described prior to funds being disbursed under this agreement.The landowner(s)further
agrees to hold the department harmless from all liability for unreleased or undisclosed liens or encumbrances affecting the property
herein described.
3.This agreement is made with the understanding the department will continue to negotiate in good faith with the undersigned
landowner(s)to acquire the interest in the property described by direct purchase.It is further understood in the event a settlement
is not reached within 9_days of the signing of this agreement such failure will be a confession that the negotiations to acquire
the property described herein have proved futile,At this point the department may begin proceedings in eminent domain to acquire
title to the property herein described.The department shall not unreasonably delay the commencement of proceedings under the
eminent domain law once the time provided for in this paragraph has expired. If the department begins proceedings in eminent
domain,it is understood and agreed this agreement shall continue in affect until either a settlement is reached or a rule and order
as provided for in C.R.S.38-1-105(3)is entered by the court.
4.If the department begins proceedings in eminent domain it agrees to deposit the remaining amount of its appraised value of the
just compensation owed to the landowners)into the registry of the court if lines not previously tendered 100 percent of this amount. _
Any sums deposited in the registry may be withdrawn by the undersigned landowner(s)if all parties interested in the property sought gy
to be acquired consent and agree to such withdrawal.Any such withdrawal of said deposit shall be deducted by the clerk from any >O
award or verdict entered thereafter or by the department from any settlement reached.It is agreed in the event the ultimate settlement J V
amount,award,or verdict is less than the total of the sums paid to and withdrawn by the undersigned landowner(s),the undersigned =w H Y
landowner(s)shall refund the difference to the department. >O (—
J 0
Fy
5. It is agreed by the undersigned in the event proceedings in eminent domain are begun the valuation data for determining the N Y
amount of just compensation shall be the data on which payment was tendered to the landowners If- ccU
landowner(s) paragraph one above. =�2C OZ
6.It is agreed by entering into this agreement the undersigned do not waive any right to raise any issue partaining to just compensation �R0 =F
at the time of trial. C ZZQ►,
= M d
7.The purpose of this agreement is to allow the department to proceed with its construction project without delay and to allow the Y m landowner(s)to avoid litigation at this time. W w O m
8.The undersigned landowner(s)agree(s)to pay all taxes,including prorated taxes for the current year,and special assessments t�0 m N�
due at the time the department takes possession of its(their)property. a B .r=
9.This agreement shall be deemed a contract and it shall bind the parties only when signed by all landowners or their designated cm f9 m
representatives and one of the following on behalf of the department:Staff Right of Way Manager,Staff Right of Way Supervisor, �C Z w m
shall also extend to and bind the heirs,devisees,executors,administrators,legal representatives,Regional Transportation Director,Region Preconstruction Engineer,Region Right of Way Supervisor or their superiors.This contract Nm m
successors and assigns nit the C4 m N O
parties. =
ID
10. It is agreed the department shall record this document. mmN C
P':'s Po-. e o • an r J. P agree P - no ie P,ecc'P.d ''-- coo. e.»-•_r„ __--- 0_- dam BC
11 Other eondtions rh F -a 0 e- - - -
P e __ g fl ._e., _PCLL- e _ -,B nr
- -_P. Z"✓P. P::ef e at e - One CO P. J.«:C ]!O': ��� IFI
Landowner agrees to indemnity and hold harmless the Colorado Department of Transportation from all claims,and liability related r n n
to the presence,disposal,release or clean-upof any contaminants located on or attributable to activities occurring on the property N O prior to the execution of this Agreement. n
landowner SSeorFEINe Dam
-` SEE A1-AC"E7
Lan er 7 _ SSe or FEIN#
// Dam
FOR THE DEPARTMENT OF TRANSPORTATION
Right of Way Supernsor
��� ,14y �
Nnb-91aX flOW,prr„ PrygnY Dense/Canvy-By,on ROW r qnX Py,on Fmm�alrvawn enpmwrNro,a Manager '
Cgkenm-Regan Curmrvnvn En9�nwnewnaM Eng,neer rnOi Fw,n FfA .-
OR►A11Ti�gr P OF ZRANg1`01M ON •
E8910NU"AGREEMENT �'
AND>
set: r revs r ,,,h.
armor
This oarWnsnt it mode tars-- y
.. Tralepodi4en,Slats of Colorado. M de m-.-' e
( rein rM 'Ya tM4 the - a_d. 1s _ e
ratarr.d lo as rM' 61 !. . dQP•#1menQ,and ,, .. r tween Iho State DePadment of
COM Om,egonre,M rh la the ParPosa al Oramin9 the Me •.. ,..n •., IMrein
purpose of censbuctl oro dosmod n Ptejeq d•Panme oteP:r al(a�PeB!�6°ion and was to tM dep stmeM, iu
Eahroh 8)akackod ng°ponihn of Sqb It
no. -
haters end made a PM hereof b to en the propsny mvo for the
1,In oon• Y a. k described morn fully in Exhibit A(and
b•rabn her rAH sreweoa o gram of posa..aloq the 4garynent wiY tender,to,
rendered raprgejgy •P•nmoM shall6e ambled to take" N•kndowner(a)rM aunt of
to wesci thlo sum ehal bo,tl Percent of the daparknyty appraked p N�°°�on upon fonder of p•ymdnl.k is underatodd� 'jha eUm settlement amount, award, eeauood t in i�IthaI INS .�nt amount,awe N,Oros 1dictt it le Won owed fo tM lendownir(a,k
wltDCi is m me under award,Or w )deParlmeM. than this au signed tandawrr ae apt..d d the event the trklmam
er(s) shall rotund IlkrM dkfennce m If,
Z The landowners)repreeen atrhi,M�desmAod Propertyrton ds b and Clow Of d Ilene and encumbrane•e or that propw tale
wiY be executed for the propertyMrs to the
t � agrees m hold the department _
heroin described• from all IkbRdy for unrateasod or end' antlerso agreement The landowner(,)further
{� fadosod lions oreneumbrencea affecting the pmpary
31 TWIN yrwmand H made with Mo .leodtavnar(s)re u'he"ely the described
bdepon nt will continua to nagotlate In era
chin q the l days o in the progeny dtrecrl r b
th not reached within d_ c, days al the Y dh•at purchase.Ir I,further undo d faith e e the undersigned
the 10 the P d..wibod 01 of hew Winning At This
agreement part ant will 6o a rotoed In the event a a•Mem•nt
We to me propsrry hersln doxr&eti sThe uch °'A,thle poi"the depodmoM maul h m confession that the negotiations to oayube
emannl domain Hw once tM time provided or Inem shay not unreaeonabty tleky them nrym•nt ofloan under the
. d Provided far 1 R S 3B- r thu•greomant ahaY Irerrue In an tuotk either o w department
begins sen proceedings
Proceedings
(3)Is entered by the solar. fawned or a rule
eminent
d.11 the department bghm and order
Just cemgenoation rnwd to the ine ndownan eminent domain it agrees a dopoak tM remain, amount o1 ka appraised value o!tM
.. Any aunts deposbN b the (e)into the roaiefy of the court II it has not w..
to be"used con Or a toY a wklMrewn by the undorolgnod lattdownw vmu°y rendered too percaMnfthis amount.
awardowrdkteMceirW od such wkhdrawaL Any such wkhdnwal of (pit a9 pashas interested mlraaka or by the eskd salt sha116a dad geode ly the •m'saughi�o
larboa•6 awafd,arvsrdimkI..aman '"Ms" It'm anyasttH�hd reached.It is
y the clerk
from
manyem eJi tJ
ner(s)shell refund The dike kto totat a Paid ro and ,gross In the ovem me ultimata
ranee to me department, rotgMod landawna(s),the undersigned =N�
s.It ii°grsod hY tM undersigned In tM• ~=� amount of)up cerrtP•naalon shelf be th•daa on"jhCC 0
playnenn eminent!
end•rodsiN»begun the vehratfon dare for determining rho �>>0
e>Ji u B.kkignad by entethq info thle Mment tlfe Undersigneddonotwalw (s)Pursuamto paragraph On•above. �0
at tM gars of trial, any to rake any l..ua petteining roJwtoomponeatbn ==F
NF
In z ` 7,The purpose of Mk agreement k to skew the de en _
ig
>G > tandownar(°)f°avoid INgatbn at this nme, P mom to proceed with Its consInxtion PM10at without delay and to allow rho m Cc CJ
S.The
_Z Y due at the time thedepartment s�p��°naalon of vitsas qne DuyI�Ty rated tat..for rho current year,and spacial aaeeeaments N
•ze 6r•c, > roprasenuell.. °h*n he deemed a conuaa and h shalt hind
_Vz
R old one N tho foYowkp on bo No Puniea on
t9 ogbntdTfsnWortatbn Dbectdr,Rollin °f the deptutmsrft:Staff Rly wi+°n signed by as landowners or their designated �m m
and to and nekucfion Psginest,R b bM d W W up'm or.Staff Right M Way Sup,,via, �"m
Ot9 Peru".
eru"eat 6btl th•h�he,devkeae,exec sq nRlghtol Way SupeiWsorarthaksu srla
n m atom,adminktVaW%legal eprosematlrao P rs.This contract _m G
,uccassor,and aealp...at fro �N z To, It Is agreed the d
B opartment shalt reard the Secumem a m
arm 11.Other rnrtdkHns YrLf �u' 3raF,,t.! Alt: tjJ1N d ,v �m
ve dimrtrai ><�- :,,, d:tacttod
ITO
-.>.,ar)l !. 't 't i�' yr. �mK
so va
N, ttn d,f i•
Cy [r)w9 hY !v y MOM
rr ee
m LaMewner agrees to ... , u' .. ^T»•f? ,•^r. =N O
to the resents, hfdemnfry sod Mkt Iwml..o Ma Cclorsd m m P dkfposal rolase or clean-up a any umntamkfanre Oslo of 7raneponetlen from all claims a '_ ,: ,. In
Prior to the executlon a thin Agreement. locered en or attributable to WIVIT1ia omurring e�odlh reWad �'a N
property
in r .. ;jry F,yr SSear PGINe
�INit ° /ZC ColdtDate
SSaaFEW
FOR THE DE PAR TfEhl*OF TAANEcORTATION
Dw
. . de�wr.a,je,oeap,e•r'°r"rEieara ,raw-�..
?n.tvwrr,
nn7'47CI
SIGNATURE ADDENDUM .
Attached hereto and made a part of that certain Possession and Use Agreement by and
between the State of Colorado Department of Transportation and City of Aspen and
Pitldn County.
CITY OF ASPEN
By: f _JU
Jo o ester ate =y y
N to C) 5C�5 00
�a cis
_=M
Board of County Commissioners ofPitlan County d
_ccm
=am
By� /G�,— �w r N
�—� =v_
/1 ON So
Date m
y COS
-:m
=N o
—aeq
I
452135 03/06/2001 04:12P ORDINANC DAVIS SILVI
7 of 7 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO
V/E _ ' d EV86 ' ON N OC : i 007 Cl q?
EXHIBIT "A"
PROJECT NUMBER: NH 0821-051 UNIT 1 J
PARCEL NUMBER: 121 /
ug
Project Code: 12269
Date: January 12,2000
DESCRIPTION
A tract or parcel of land No. 121 of the Department of Transportation,State of Colorado, Project No.
NH 0821-051 Unit 1 containing 1.159 acres more or less, said tract or parcel being a part of the excepted and
reserved tract GC, as described in book 294, page 943 in the records of Pitkin County, in the Northeast
Quarter of Section 3,Township 10 South, Range 85 West, of the Sixth Principal Meridian, inPitkin County,
Colorado, said tract or parcel being more particularly described as follows:
BEGINNING at a point on the Southerly line of said tract GC, from which the Northeast corner of
said Section 3 bears North 42' 53'39" East, a distance of 1,480.19 feet;
i. Thence North 09'33'41" East, a distance of 180.68 feet;
0 2. Thence North 02' 05' 48"East, a distance of 394.41 feet;
az 3. Thence North 03' 43' 24" West, a distance of 97.46 feet; =-J 0
�In
o4. Thence North 06' 43' 48"West, a distance of 212.79 feet; ��0
z �cc 0
0»
z H 5. Thence North 18' S8' 06"West a distance of 230.85 feet to the Northerly line of said tract =z w
..d GC; macs-
m ��n.
N m 6. Thence along said Northerly line, South 89' 12' 25" East, a distance of 62.46 feet to the 0 m
z Westerly Right of Way line of Colorado State Highway 82(Project No. AWP 2012-B,Nov. N m
m 1937); iiiii� W z
mm yam
so 7. Thence along said Westerly Right of Way line,and along the are of a curve to the right with Wm--m m
m a radius of 1,860.00 feet,a central angle of 21°38' 03",an arc length of 702.31 feet and a �N n
m\m (chord which bears South 06'45' 03"East, a distance of 698.15 feet); w m
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M r 8. Thence continuing along said Right of Way line, South 04' 02' 29" West, a distance of iiiiii�m
n u 406.84 feet to the Southerly line of said tract GC; in
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9 Thence along said Southerly line, North 89' 09' 31" West, a distance of 54.00 feet to the in
v
Point of Beginning.
The above described tract or parcel contains 50,487 square feet(1.159 acres), more or less.
BASIS OF BEARING: South 89' 12'25"East, 2703.97 feet,along the North line of the Northeast
Quarter of Section 3;Township 10 South,Range 85 West,of the Sixth Principal Meridian.The North Quarter
corner of Section 3 being a 2.5" G.L.O. Brass cap and the Northeast corner of Section 3 being a 2.5" Brass
cap, LS 9184, 1994. ,�•°"""""•+r,;
°�PpO BEG�ST'��
PREPARED BY:
Ronald E. Ilk, PLS 24313 'v oo
MKCentennial ' v 'Q 2431,
0 o x
10822 W. Toiler Drive - -�
Littleton, CO 80127
Y 11SA1=t EGAL5M.131.0C
January Il,.UW
C f:;>
EXIIIBIT "B" f
PROJECT NUMBER: NH 0821-051 UNIT 1
ACCESS
PARCEL NUMBER: 121
Project Code: 12269
Date: January 12,2000
DESCRIPTION
EACH AND EVERY RIGHT OR RIGHTS OF ACCESS OF THE GRANTOR to and from any part
of the right of way of Colorado State Highway No. 82, a Highway established according to the laws of the
State of Colorado,and from and to any part of the property of the Grantor in the Northeast Quarter of Section
3,Township 10 South,Range 85 West, of the Sixth Principal Meridian, inPitkin County, Colorado, abutting
upon said Highway, along or across the access line or lines described as follows:
NH 0821-051 UNIT 1 121 Westerly
(Project No.) (Parcel No.) (Location of Line)
BEGINNING at a point from which the Northeast comer of said Section 3 bears North 42° 53'39"
East, a distance of 1,480.19 feet;
I. Thence North 09' 33' 41" East, a distance of 109.71 feet to the center of a 116.05 foot
opening which is being excepted from this access limitation agreement;
2. Thence continuing North 09' 33'41" East, a distance of 70.97 feet:
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3. Thence North 02' 05' 48"East, a distance of 394.41 feet; a i
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4. Thence North 03' 43' 24" West, a distance of 97.46 feet; o z
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5. Thence North 06' 43' 48" West, a distance of 212.79 feet; au W n
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�+F 6. Thence North 18° 58' 06"West,a distance of 230.85 feet to the POINT OF =a
H� TERMINUS of this description. -a=
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cc 0
z WIDTH CENTER OF ACCESS OPENING OPPOSITE m m
z X 116.05 Right 844+76.55 �_m
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c m BASIS OF BEARING: South 89°12'25" East, 2,703.97 feet, along the South line of the Southeast -m
N m Quarter of Section 34,Township 9 South, Range 85 West,of the Sixth Principal Meridian.The South Quarter m z
.+z corner of Section 34 being a 2.5" G.L.O. Brass cap, The Southeast comer of Section 34 being a 2.5" brass in
m cap,LS 9184, 1994. =N`o
�� ,,,,,µpor4ryrrryr �fn
N o ,.�oQPpO RER�JA .'e.
m m PREPARED BY: p� . 'PAD F% F9
m m Ronald E. Ilk, PLS 24313 /o� `^o
ow MK Centennial = v 24 1 o c
n r 10822 W.Toller Drive
�n`o Littleton,CO 80127
_av 5
Y.ufMMOV LEGALSW 121 oc Page 2
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