HomeMy WebLinkAbout20090610drainage.ADEN A.ITE U AY
MEETING .A.TE a June 10, 2009
AGENIIA ITEM TITLE: An Emergency Ordinance By the Board of County
Commissioners of Pitkin County Authorizing Conveyance of
Drainage Structure Maintenance Easements to the Colorado
Department of Transportation.
STAFF S NSILE: Dale will
SUM AItY ®F ISSi1E: Should the Board authorize the conveyance of maintenance
access easements for drainage structures to CDOT?
BA.CI~G(~UN The Construction of the Crystal Bike Trail has been a long standing
goal of the Open Space Department, 0n June 2, 2009, the BOCC approved an Open Space
Budget MOl approving allocation of funds to the proposed contract with Heyl Construction
for the first phase of the trail, from Meadowood Drive in Carbondale to the Seven Oaks (aka
"BRB"} bridge.
The trail will generally follow CDOT's ROw fence up the east side of Highway 133. There
are presently drainage culverts under the highway, The placement of the trail will require
the extension of these drainage culverts to the very edge of the State's right of way. CDOT
therefore has conditioned the final approval of the Trail License Agreement on the County
providing maintenance access easements onto adjacent lands, to ensure they can access the
interior of the extended culverts The access easements are comprised of an area
approximately 16' by 20' at the mouth of each culvert, to allow CDOT access from their
adjacent right of way for maintenance purposes. CDOT generally has a right of access for
emergency measures to protect State Highways. T
Some of the adjacent land in question is comprised by the County's own Thompson Creek
Open Space. The County Attorney has determined that the maintenance access easements do
not change the Open Space uses of the County land and therefore maybe conveyed pursuant
to a duly adopted ordinance. we acquired the property subj ect to the present drainage
patterns, and the flow of water supports vegetation on the Open Space. There are eight
culverts known to CDOT and the County that exit onto the County land and which will
require culvert extensions and CDOT maintenance access easements to accommodate the
bike trail. The proposed Ordinance is not specific on the number of culverts/easements to
avoid delay if any other culverts are uncovered during the course of construction,
The open Space Department is hoping to break ground on this proj ect in June. Because of
the novel nature of this situation, we did not anticipate this procedural step, and therefore
propose this emergency approval, to avoid potential delay in the project groundbreaking.
LINK T® T TEC PLAN: The Crystal Trail promotes the County's goal of
promoting recreational resources, and supporting regionalism in pursuit of the public good.
ICSIN ITEMS (ALTS .RIVE): The alternative would be not to convey
the maintenance access, which would cause CDOT to withhold the Trail License Agreement,
and prevent the construction of the Crystal Trail.
BUDGETARY IMPACT: NA. The budget for this project was previously approved
by the oSTB and BOCC and will not be affected by this action.
CMEN ED CC ACTIN: Approve the Emergency ®rdinance Authorizing
Conveyance of Drainage Structure Maintenance basements to the Colorado Department
of Transportation.
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AN EMERGENCY ORDINANCE OF THE
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORAD®, AUTHORIZING
CONVEYANCE OF DRAINAGE STRUCTURE MAINTENANCE ACCESS
EASEMENTS TO THE COLORADO DEPARTMENT OF TRANSPORTATION
ORDINANCE # ,SERIES OF 2009
CITALS
1. The construction of a bicycle~pedestrian trail along Highway 133 in the Crystal
River drainage is a longstanding public goal, as recognized in Crystal River Valley
Bicycle Trail Study {Pitkin County 1994} the Club 20 "Missing Links" report {1996), the
Pitkin County Crystal River Master Plan {2003}, the West Elk Loop Scenic Byway
Crested Butte to Carbondale Trail Feasibility Report {2008}; and
2. The Town of Carbondale has constructed the first legs of this trail which
currently extend from Highway 82 down Highway 13 3 to Snowmass Drive; and
3. Phase 1 of the Crystal Trail is proposed to utilize the State's Highway 13 3
right of way to extend the existing Carbondale trail approximately 5.3 miles up to the
Seven Oaks Bridge; and
4. The Open Space Board and Board of County Commissioners have approved
all County funds needed to complement other funding from LOCO, Garfield County, the
Town of Carbondale, and other private sources, to proceed with 2009 construction of
Phase 1 of the trail subject to final approval of a trail license agreement with the Colorado
Department of Transportation {"CDOT"},
5. CDOT requires, as a condition of said trail license agreement, that the
County convey drainage structure maintenance access easements for County lands
adjacent the proposed trail on the State Right of Way.
N~~V TER.EF® B IT ® AIMED by the Board of County
Commissioners of Pitkin County, Colorado, that the Board Chair is authorized to execute
maintenance access easements for drainage structures under the State Highway 133 Right of
Way which exit onto the Thompson Creek Open Space, such easements to be sufficient to
allow CDOT to clean out said structures, as well as any other document, including but not
limited to a standard CDOT donation acknowledgement, as may be necessary to effect
these conveyances ,following the final approval of easement form by the County Attorney
and Open Space Director.
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The B4CC finds that adoption of this ordinance is necessary for the immediate
preservation of the public health, safety and welfare of the citizens of Pitkin County and
therefore declares this ordinance and legislation to be effective immediately pursuant to
Pitkin County Home Rule Charter Section 2.8.2,
INTRODUCE I S AD, AND APP ~VED ON T 10th DAY F
JUNE, 2009
N TICS O U IC EA NG PU ISHED IN THE ASPEN TIMES
'i~EE YON THE DAY OF 2009.
CONFI ED UPON SECOND AING AND PUBLIC HEA NG O
THE Z4th DAY OF 2009,
PUBLISHED AFTER A OPTION IN TIDE i~VEE ND EDITION OF TI3E
ASPEN TIMES ON THE DAY OF , 2009.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
OF ITI~IN COUNTY,. COLORADO
Jeanette Jones
Deputy Clerk
APPROVED AS TO FO
John Ely
County Attorney
Hilary Fletcher
County Manager
ale Will, Director
Open Space and Trams ro~ra
Path Kay-Clapper
Chair
Date
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