HomeMy WebLinkAboutbocc.ord.009.1998421030 08/24/1998 04:19P ORDINANC DAVIS SILVI
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AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, AUTHORIZING THE ACQUISITION OF AN
EASEMENT FROM THE BLM THROUGH BLM LOT 29 TO CREATE AN ACCESS
FOR HUNTER CREEK ROAD AND FOR THE SOUTH IUNTER CREEK TRAIL
ORDINANCE #98- 9
1. The Bureau of Land Management (the `BLM") is the owner of real property
located between Block 1 and Block 4 of the Red Mountain Ranch Subdivision known as BLM
Lot 29 and the Board of County Commissioners of Pitkin County, Colorado ("County") desires
to acquire an easement through this property.
2. In connection with the settlement negotiations regarding Hunter Creek, and for the
sale of the Benedict Property, it has come to the attention of the County that BLM Lot 29 creates
a gap in the road serving Red Mountain Ranch and in the Hunter Creek Trail. BLM Lot 29 is
land which has never been patented.
3. The County needs an easement from the BLM through BLM Lot 29 both for use
of Hunter Creek Road and for the South Hunter Creek Trail to have a continuous trail alignment.
The County has previously obtained easements from the Red Mountain Homeowners Association
and from the BLM for the BLM Parking Lot and for access to the Hunter Creek Trail, and from
other private owners for the Hunter Creek Trail.
II
4. The Colorado Affordable Catholic Housing Corporation and Aspen/Pitkin County
Housing Authority also require an easement in order to provide continuous access to the property
known as the Benedict Parcel in Hunter Creek, which it is under contract to be sold to a private
party. Because of the time constraints within that contract, an application for the easements
needed to be submitted at the earliest possible opportunity.
5. The Colorado Affordable Catholic Housing Corporation, Aspen/Pitkin County
AHousing Authority and the County have prepared an application to submit to the BLM for these
easements over BLM Lot 29. Although the County has been involved in discussions with the
BLM and joined in the cover letter submitting the application, the actual application has not yet
been signed on behalf of the County.
6. The cover letter requests that the County be named as a permittee or right-of-way
holder for itself and for other present and future grantees of easements or rights of way of record,
which easements or rights of way grant the right to use those portions of the Hunter Creek Road
contiguous to BLM Lot 29, and which grant the right to use those portions of the Hunter Creek
Trail contiguous to BLM Lot 29. The County Attorney will send a supplemental letter to the
BLM explaining the public nature of the roads as determined in the Order and Judgment dated
February 6, 1998, in United States District Court Case 90-Z-1232.
111111111111111111111111111111111111111111111111111111
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Ordinance #98- 1
Page 2
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7. It is necessary for the immediate health, safety and welfare of the citizens of
Pitkin County that acquisition of an easement from the BLM through BLM Lot 29 to create an
access for Hunter Creek Road and for the Hunter Creek Trail be approved; that the Chair and the
County Attorney be further authorized to take such other actions as are necessary to finalize the
acquisition of the easement; and that the application for the easement may be signed and
submitted by the County Attorney prior to finalization of the ordinance.
NOW THEREFORE, be it ordained by the Board of County Commissioners of Pitkin
County, Colorado that the Board of County Commissioners agrees to acquire an easement
through BLM Lot 29 located between Block 1 and Block 4 of the Red Mountain Ranch
Subdivision; that the Chair and the County Attorney are further authorized to take such other
actions as are necessary to finalize the acquisition of the easement; and that the application for
the easement may be signed and submitted by the County Attorney prior to finalization of the
ordinance.
INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING ON THE
11TH DAY OF FEBRUARY, 1998.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE WEEKEND EDITION
OF THE ASPEN TIMES ON THE 14TH DAY OF FEBRUARY, 1998.
APPROVED UPON SECOND READING AND PUBLIC HEARING ON THE
25TH DAY OF FEBRUARY, 1998.
PUBLISHED AFTER ADOPTION IN THE WEEKEND EDITION OF THE
ASPEN TIMES ON THE 7TH DAY OF MARCH 1998.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
Jeette Jones / / Dorothea Farris
D uty Clerk U Chairman
Date: K'-19 — 9r
1111111111111111111111111111111111111111111111111111111
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Ordinance #98- 1
Page 3
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APPROVED AS TO FORM:
4,/,)
Deborah Quinn
Assistant County Attorney
1/ord/blmlot29.ord
Su. ne Ko han
Co ty Man ger
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421808 09/10/1998 03:01P ORDINANC DAVIS SILVI
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FORM 2800-14
4 ofU8 Rao.001D98 :
0.00NNP 0.00DINANC PITKINOAVIS I
LYI
COUNTY CO
ISSUING OFFICE
', g9-7/
(August 1985) Glenwood Springs Resource Area
UNIT v STATES
DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
RIGHT-OF-WAY GRANT •
SERIAL NUMBER COC-61656
APPROVED BY
ORDINANCE
1. A right-of-way is hereby granted pursuant to Title V of the Federal Land
Policy and Management Act of October 21, 1976 (90 Stat. 2776; 43 U.S.C.
1761) .
2. Nature of Interest:
ti
a. By this instrument, the holder:
Pitkin County
Board of County•Commissioners
530 East Main Street
Aspen, Colorado 81611
receives a right to use, maintain, and terminate a trail on public
lands described as follows:
Sixth Principal Meridian, Colorado
T. 10 S., R. 84 W.
sec. 10, lot 29
b. The right-of-way or permit area granted herein is 15 feet wide,
approximately 95 feet long and contains 0.03 acres, more or less.
c. The term of this right-of-way is perpetual from its effective date
unless it is relinquished, abandoned or terminated pursuant to the
terms and conditions of this instrument or of any applicable
Federal law or regulation.
d. Notwithstanding the early relinquishment, abandonment, or
termination of this instrument, the provisions of this instrument,
to the extent applicable, shall continue in effect and shall be
binding on the holder, its successors, or assigns, until they have
fully satisfied the obligations and/or liabilities accruing herein
before'or on account of the expiration, or prior termination, of
the grant.
3. Rental:
This right-of-way is rental exempt according to CFR 2803.1-
2(b)1(i).
4. Terms and Conditions:
a. This grant or permit is issued subject to the holder's compliance
with all applicable regulations contained in Title 43 Code of
Federal Regulations part 2800.
h, Upon grant termination by the authorized officer, all improvements
shall be removed from the :._blic lands within 90 days, or
otherwise disposed of as provided in paragraph (4)(d)or as
directed by the authorized officer.
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4.4
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c. Each grant issued for a term of 20 years or more shall, at a
minimum, be reviewed by the authorized officer at the end of the
20th year and at regular intervals: thereafter not to exceed 10
years. Provided, however, that a right-of-way or permit granted
herein may be reviewed at any time deemed necessary by the
authorized officer.
d. The stipulations, plans, maps; or designs set forth in Exhibits A
& B , dated April 28, 1998, attached hereto, are incorporated into
and made a part of this grant instrument as fully and effectively
as if they were set forth herein in their entirety.
e. Failure of the holder to comply with applicable law or any
provision of this right-of-way grant or permit shall constitute
grounds for suspension or"termination thereof.
f. The holder shall perform all operations in a good and workmanlike
manner so as to ensure protection of the environment and the
health and safety of the public.
IN WITNESS WHEREOF, the undersigned agrees to the terms and conditions of this
right-of-way grant or permit,.
Board of County Commissioners.
of Pi kin County, Colado
AV
(Signature of oleer)
%4"ofeeieZzi...GeZte.",..2-)
(Title)
Dorothea Farris, Chairperson
(Date)
Signature of Authorized Officer)
(Title)
1111111111111111111111111111111111111111111111111111111
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(Effective Date of Grant)
420590 08/12/1998 10:39A RGT.OF E DAVIS SILVI
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420590 08l12/1998 10:39A RGT OF E DAVIS SIL'JI
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) SOUTH, RANGE 84 WEST, OF :THE SIXTH PRI
DEPENDENT RESURVEY AND SURVEY
Aq
111E11111 1111111111 11111 1111 111111111 11111 1111111
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sb
Sec. 7
4K,16
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28
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26
EXHIBIT A
RIGHT-OF-WAY COC-61656 ----
Hunter Creek Trail
Two Trai' ,.aocations In
TlOS R84W, sec. 7, lot 29
Page 1//��of 2 Pages
DATE Apr/ at? t 95£
. r III 111111111111111111111M1111111111111 rt� r
s ic3 4/' /1998 03:01P ORDINANC DAVIS SILVI
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421030 8o124/1998 04:19P ORDINANC DAVIS SILVI
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Tr►.ti / Loca"'toiv.
•
EXiiIBIT A
RIGHT-OF-WAY COC-61656 --
Hunter Creek Trail
Two Trail Locations In
T1OS R84W, sec. 7, lot 29
Page. 2 of 2 Pages
DATE Ape-,7 c 4r /9Er
421030 08/24/1!98 I4:19P ORDINANC DAVIS SILVI
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SPECIAL STIPULATIONS
COC-61656
EXHIBIT B
April 28, 1998
1. Any cultural and/or paleontological resource (historic or prehistoric site
or object) discovered by the holder, or any person working on his behalf, on
public or Federal land shall be immediately reported to the authorized
officer. Holder shall suspend all operations in the immediate area of such
discovery until written authorization to proceed is issued by the authorized
officer. An evaluation of the discovery will be made by the authorized
officer to determine appropriate actions to prevent the loss of significant
cultural or scientific values. The holder will be responsible for the cost of
evaluation and any decision as to proper mitigation measures will be made by
the authorized officer after consulting with the holder.
2. The holders) shall comply with all applicable Federal laws and
regulations existing or hereafter enacted or promulgated. In any event, the
holder(s) shall comply with the Toxic Substances Control Act of 1976, as
amended (15 U.S.C. 2601, et sag.) with regard to any toxic substances that are
used, generated by or stored on the right-of-way or on facilities authorized
under this right-of-way grant. (See 40 CFR, Part 702-799 and especially,
provisions on polychlorinated biphenyls, 40 CFR 761.1-761.193.) Additionally,
any release of toxic substances (leaks, spills, etc.) in excess of the
reportable quantity established by 40 CFR Part 117 shall be reported as
required by the Comprehensive Environmental Response, Compensation and
Liability Act of 1980, Section 102b. A copy of any.report required or
requested by any Federal agency or State government as a result of a
reportable release or spill of any toxic substances shall be furnished to the
authorized officer concurrent with the filing of the reports tosthe involved
Federal agency or State government.
3. The holder of Right -of -Way No. COC-61656, agrees to. indemnify the United
States against any liability arising from the release of any hazardous
substance or hazardous waste (as these terms are defined in the Comprehensive
Environmental Response, Compensation and Liability Act of 1980,
42 U.S.C. 9601, It s_g.) or the Resource Conservation and Recovery Act of
1976, 42 U.S.C. 6901, It seg.) on the right-of-way (unless the release or
threatened release is wholly unrelated to the right-of-way holder's activity
on the right-of-way. This agreement applies without regard to whether a
release is caused by the holder, its agent, or unrelated third parties.
4. The holder shall be responsible for weed control on the right-of-way. The
holder is responsible for consulting with the authorized officer and/or local
authorities for acceptable weed control methods.
5. Use of pesticides shall comply with the applicable Federal and State laws.
Pesticides shall be used only in accordance with their registered uses and
within limitations imposed by the Secretary of the Interior. Prior to the use
of pesticides, the holder shall obtain from the authorized officer an approved
Pesticide Use Proposal.
6. Trail widening or additional construction on this right-of-way is not
permitted. Any such plans must be specifically approved by the authorized
officer.
420590 08/12/1998 10:39R RGT OF 1' t iVIS SILVI
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I 111111 11111 111111 11111 11111 1111 111111 III 11111 1111 1111
421808 09/10/1998 03:01P ORDINANC DAVIS SILVI
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16) This right-of-way is rental exempt according to CFR 2803.1-
CO es. 2(b)1(i) .
•
FORM 2800-14
(August 1985)
ISSUING OFFICE
Glenwood Springs Resource Area
UNITED STATES
DE^ .T:QENT OF THE INTERIOR
BUREA OF LAND MANAGEMENT
RIGHT-OF-WAY GRANT
SERIAL NUMBER COC-61657
��
r R*we Ira War f)
MAR 3 1 199S
1. A right-of-way is hereby granted pursuant to Title V of theFa eral`Land
Policy and Management Act of October 21, 1976 (90 Stat. 2776; 43 U.S.C.
1761).
2. Nature of Interest:
a. By this instrument, the holder:
Pitkin County
Board of County Commissioners
530 East Main•Street
Aspen, Colorado 81611
receives a right to use, maintain, and terminate an access road on
public lands described as follows:
Sixth Principal Meridian, Colorado
T. 10 S., R. 84 W.
sec. 10, lot 29
b. The right-of-way or permit area granted herein is 35 feet wide,
approximately 25 feet long and contains 0.02 acres, more or less.
c. The term of this right-of-way is perpetual from its effective date
unless it is relinquished, abandoned or terminated pursuant to the
terms and conditions of this instrument or of any applicable
Federal law or regulation.
d. Notwithstanding the early relinquishment, abandonment, or
termination of this instrument, the provisions of this instrument,
to the extent applicable, shall continue in effect and shall be
binding on the holder, its successors, or assigns, until they have
fully satisfied the obligations and/or liabilities accruing herein
before or on account of the expiration, or prior termination, of
the grant.
immi ao m
soma ea4. Terms and Conditions:
graNMI ••�+ m a. This grant or permit is issued subject to the holder's compliance
CO IX with all applicable regulations contained in Title 43 Code of
es Federal Regulations part 2800.
In
61
Of o b. Upon grant termination by the authorized officer, all improvements
w shall be removed from the public lands within 90 days, oz
otherwise disposed of as provided in paragraph (4)(d) or as
directed by the authorized officer.
415232 04/03/1998 10:59A RIGHT OF DAVIS SILVI
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c. Each grant issued for a term of 20 years or more shall, at.a
minimum, be reviewed by the authorized officer at the end of the
20th year and at regular intervals thereafter not to exceed 10
years. Provided, however, that a right-of-way or permit granted
herein may be reviewed at any time deemed necessary by the
authorized officer.
d. The stipulations, plans, maps, or designs set forth in Exhibits A
& B , dated March 11, 1998, attached hereto, are incorporated into
and made a part of this grant instrument as fully and effectively
as if they were set forth herein in their entirety.
e. Failure of the holder to comply with applicable law or any
provision of this right-of=way grant or permit shall constitute
grounds for suspension or termination thereof.
f. The holder shall perform all operations in a good and workmanlike
manner so as to ensure protection of the environment and the
health and safety of the public.
IN WITNESS WHEREOF, the undersigned agrees to the terms and conditions of this
right-of-way grant or permit.
BOARD OF COUNTY COMMISSIONERS OF
PITKj COUNTY, COLORADO
(Signattit o "H'.lder)
U i C-C P-cX. c,
(Title)
vv1c�,z I 1 9 9'
(Date)
ATTEST:
ynd bean, Deputy Clerk to the
Boar of County Commissioners, Pitkin
County, Colorado
(Signature of Authorized Officer)
A? l
(Tit e)
3/3 0 7�'
(Effecti e Date of Grant)
415232 04/03/1998 10:59A RIGHT OF DAVIS SILVI
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14R11111111101111111119111111
lllll"I'll('II"IANC DAVIS SILVI
10 of 13 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO
SPECIAL STIPULATIONS
COC-61657 March 11, 1998
EXHIBIT B
1. Any cultural and/or paleontological resource (historic or prehistoric site
or object) discovered by the holder, or any person working on his behalf, on
public or Federal land shall be immediately reported to the authorized
officer. Holder shall suspend all operations in the immediate area of such
discovery until written authorization to proceed is issued by the authorized
officer. An evaluation of the discovery will be madeby the authorized
officer to determine appropriate actions to prevent the loss of significant
cultural or scientific values. The holder will be responsible for the cost of
evaluation and any decision as to propermitigation measures will be made by
the authorized officer after consulting with the holder.
2. The holder(s) shall comply with all applicable Federal laws and
regulations existing or hereafter enacted or promulgated. In any event, the
holder(s) shall comply with the Toxic Substances Control Act of 1976, as
amended ;1.. U.C.C. 26C' ut sec.) with regard tz. any toxic substances that are
used, generated by or stored on the right-of-way or on facilities authorized
under this right-of-way grant. (See 40 CFR, Part 702-799 and especially,
provisions on polychlorinated biphenyls, 40 CFR 761.1-761.193.) Additionally,
any release of toxic substances (leaks, spills, etc.) in excess of the
reportable quantity established by 40 CFR Part 117 shall be reported as
required by the Comprehensive Environmental Response, Compensation and
Liability Act of 1980, Section 102b. A copy of any report required or
requested by any Federal agency or State government as a result of a
reportable release or spill of any toxic substances shall be furnished to the
authorized officer concurrent with the filing of the reports to the involved
Federal agency or State government. +
3. The holder of Right -of -Way No. COC-61657, agrees to indemnify the United
States against any liability arising from the release of any hazardous
substance orhazardous waste (as these terms are defined in the Comprehensive
Environmental Response, Compensation and Liability Act of 1980,
42 U.S.C. 9601, et lag.) or the Resource Conservation and Recovery Act of
1976, 42 U.S.C. 6901, et sea.) on the right-of-way (unless the release or
threatened release is wholly unrelated to the right-of-way holder's activity
on the right-of-way. This agreement applies without regard to whether a
release is caused by the holder, its agent, or unrelated third parties.
4. Use of pesticides shall comply with the applicable Federal and State laws.
Pesticides shall be used only in accordance with their registered uses and
within limitations imposed by the Secretary of the Interior. Prior to the use
of pesticides, the holder shall obtain from the authorized officer an approved
Pesticide Use Proposal.
5. Widening of the road or other surface disturbing activities shall not be
done without the prior approval of the authorized officer.
418232 04/03/1998 10:89A RIGHT OF DAVIS SILVI
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I IIIIII IIIII 111111 IIIIII111111111111111 III 111111 111 IIII
21808 09/10/1998 03:01P ORDINANC DAVIS SILVI
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EXHIBIT "A"
Road ROW COC-61657
Page 1 of 2 pages
T. 10 S., R. 84 W.
sec. 10; lot 29
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1111111 11111 1111111111 1111 11111110 111111 11111111
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•
EXHIBIT "A"
Road ROW COC-61657
Page 2 of 2 pages
T. 10 S., R. 84 W.
sec. 10; lot 29
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