HomeMy WebLinkAboutbocc.ord.045.1998JIH111111111111111111111111111111111111111111111111111
423811 10/27/1998 01:34P ORDINANC DAVIS SILVI
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AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO AUTHORIZING THE CHAIR OF THE
BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO
TO EXECUTE AN EASEMENT AGREEMENT WITH THE OWNERS OF
Z PROPERTY AT 225 REDSTONE BOULEVARD FOR THE ELK PARK BRIDGE
� Ordinance No. 98- 145
Recitals
1. Marvin E. Wahlstrom and Irma L. Wahlstrom (the "Walstroms") are the
former owners of certain real property known as 225 Redstone Boulevard, Redstone,
Colorado, situated in the County of Pitkin, State of Colorado, which property was
conveyed to and which is currently owned by Robert and Patricia Stier -more particulary
described as follows (the "Wahlstrom Property"): S`r►Fre,2
A PARCEL OF LAND SITUATED IN THE NORTHWEST QUARTER OF
`C THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 10 SOUTH,
RANGE 88 WEST, 6TH P.M., COUNTY OF PITKIN, STATE OF
COLORADO. SAID PARCEL INCLUDES LOTS 11 AND 12, BLOCK 1 ..
116
AND THE PLATTED PORTION OF BEECH DRIVE AS VACATED BY '" .-i
(q COUNTY RESOLUTION RECORDED JUL 1, 1986 IN BOOK 514, PAGE w CD
744 AND AS RE -RECORDED MAR 25, 1987 IN BOOK 532, PAGE 112, . =
k) IN THE KISTLER SUBDIVISION OF REDSTONE AND LIES BETWEEN ;s N -
11911191
THE CENTERLINE OF THE CRYSTAL RIVER AND THE C9 o NMI
NORTHWESTERLY RIGHT OF WAY LINE OF A ROADWAY KNOWN is co
ODD
AS REDSTONE BOULEVARD. SAID PARCEL ALSO LIES BETWEEN i� w
k\ THE SOUTHWESTERLY LINE OF SAID LOT 11 EXTENDED TO THE
u
CENTERLINE OF THE CRYSTAL RIVER AND THE SOUTHWESTERLY z cm
z o
LINE OF LOT 1, BLOCK 2, OF SAID SUBDIVISION, EXTENDED TO m CI—
THE CENTERLINE OF THE CRYSTAL RIVER. SAID PARCEL IS v z
DESCRIBED BY METES AND BOUNDS AS FOLLOWS: ci
(/) z
P BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID LOT 11 2 $
,„,==
BEING THE TRUE POINT OF BEGINNING; z .4 =
THENCE NORTH 29 DEGREES 59' 00" EAST, 75 FEET TO THE MOST ♦c 4
SOUTHERLY CORNER OF SAID LOT 1; CI o M
THENCE NORTH 60 DEGREES 01 ' 00" WEST, 110 FEET TO THE
MOST WESTERLY CORNER OF SAID LOT 1;
THENCE NORTH 60 DEGREES 01 ' 00" WEST, 73 FEET TO THE
r( CENTERLINE OF THE CRYSTAL RIVER;
k THENCE SOUTH 42 DEGREES 45' 16" WEST, 76.90 FEET ALONG
THE CENTERLINE OF THE CRYSTAL RIVER;
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Ordinance No. 98-_ 4/5--
Page 2
THENCE SOUTH 60 DEGREES 01' 00" EAST, 90 FEET TO THE MOST
WESTERLY CORNER OF SAID LOT 11;
THENCE SOUTH 60 DEGREES 01' 00" EAST, 110 FEET TO THE
TRUE POINT OF BEGINNING.
2. Pitkin County is the owner of two parcels of property in the Redstone,
Colorado area commonly known as:
a. Redstone Park, more particularly described as Lots 1-9 of Block 2,
Kistler Subdivision and which is immediately adjacent to the Wahlstrom
Property.
b. Elk Park, which is across the Crystal River from the Wahlstrom
Property, more particularly described as follows:
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mow
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_ C.)Y
Ma
Z d BEGINNING AT A POINT ON THE CENTERLINE OF SAID
S IM t GO
COAL CREEK AT ITS INTERSECTION WITH THE EASTERLY
o •
RIGHT OF WAY LINE OF SAID HIGHWAY WHENCE THE
tL
Z NORTH ONE -QUARTER CORNER OF SAID SECTION 20
n om r; m BEARS NORTH 61 DEGREES 30 MINUTES WEST 782.80 FEET;
to
ao THENCE SOUTH 52 DEGREES 19 MINUTES WEST 128.00
en
i scam FEET ALONG THE EASTERLY RIGHT OF WAY LINE OF SAID
N m HIGHWAY; THENCE SOUTH 29 DEGREES 54 MINUTES 30
MEM WISECONDS WEST 357.10 FEET ALONG THE EASTERLY RIGHT
ce
mom e)
OF WAY LINE OF SAID HIGHWAY; THENCE SOUTH 39
DEGREES 12 MINUTES WEST 180.20 FEET ALONG THE
a EASTERLY RIGHT OF WAY LINE OF SAID HIGHWAY;
THENCE SOUTH 30 DEGREES 45 MINUTES WEST 130.00
FEET ALONG THE EASTERLY RIGHT OF WAY LINE OF SAID
HIGHWAY; THENCE SOUTH 30 DEGREES 59 MINUTES 30
SECONDS EAST 53.50 FEET; THENCE SOUTH 85 DEGREES
21 MINUTES EAST 40.00 FEET TO A POINT IN THE CENTER
OF SAID RIVER; THENCE NORTH 44 DEGREES 22 MINUTES
ALL THAT PART OF THE NORTHWEST QUARTER OF THE
NORTHEAST QUARTER, SECTION 20, TOWNSHIP 10 SOUTH,
RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN,
PITKIN COUNTY, COLORADO, LYING SOUTHEASTERLY OF
STATE HIGHWAY NO. 133 (PRO S 0163 (3), NORTHWESTERLY
OF THE CENTERLINE OF THE CRYSTAL RIVER AND
SOUTHERLY OF COAL CREEK DESCRIBED AS FOLLOWS:
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Ordinance No. 98- !IS
Page 3
EAST 110.84 FEET ALONG THE CENTERLINE OF SAID
RIVER; THENCE NORTH 51 DEGREES 57 MINUTES 30
SECONDS EAST 334.10 FEET ALONG THE CENTERLINE OF
SAID RIVER; THENCE NORTH 04 DEGREES 45 MINUTES
EAST 35.10 FEET ALONG THE CENTERLINE OF SAID RIVER;
THENCE NORTH 27 DEGREES 15 MINUTES EAST 225.00
FEET ALONG THE CENTERLINE OF SAID RIVER; THENCE
NORTH 32 DEGREES 14 MINUTES EAST 163.10 FEET ALONG
THE CENTERLINE OF SAID RIVER; THENCE NORTH 77
DEGREES 56 MINUTES WEST 144.40 FEET ALONG THE
CENTERLINE OF SAID COAL CREEK TO A POINT ON THE
EASTERLY RIGHT OF WAY LINE OF SAID HIGHWAY TO THE
POINT OF BEGINNING.
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o 5. The Wahlstroms desired to grant to Pitkin County an easement over that
GEM oz e portion of the Wahlstrom Property which will be spanned by the bridge in the form
aimMn z attached hereto as Exhibit A, and have advised their Purchasers of the Easement
moo 19 Agreement.
m
m
� m
010 6. The bridge will serve as a vital pedestrian link between the Elk Park
EMI MEI N
m property, which will include a parking lot, and the center of Redstone and will be a
MEM..,,) significant benefit to Pitkin County.
��z
a..Im NOW, THEREFORE, be it ordained by the Board of County Commissioners of
mom u Pitkin County, Colorado that the Board of County Commissioners does hereby authorize
r,, the Chair to execute an Easement Agreement in the form attached as Exhibit A with
Marvin E. Wahlstrom and Irma L. Wahlstrom, and to execute such other documents as
are necessary, after approval by the County Attorney's Office, to finalize the transaction.
3. Pitkin County will be installing a pedestrian bridge from its Elk Park
property to the Redstone Park property.
4. The bridge support will be entirely on property owned by Pitkin County,
but the bridge will span and cross over a corner of the Wahlstrom Property, which is
currently under the Crystal River.
INTRODUCED, FIRST READ AND SET FOR PUBLIC HEARING ON
THE 9th DAY OF SEPTEMBER, 1998.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE WEEKEND
EDITION OF THE ASPEN TIMES ON THE 26th DAY OF SEPTEMBER, 1998.
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Ordinance No. 98- 4/.)
Page 4
1111111 11111 111111 11111111111 III 1111111111 11111 1111 1111
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APPROVED UPON SECOND READING AND PUBLIC HEARING ON
THE 14th DAY OF OCTOBER, 1998.
PUBLISHED AFTER ADOPTION IN THE WEEKEND EDITION OF THE
ASPEN TIMES ON THE 24TH DAY OF OCTOBER, 1998.
ATTEST:
wive •>404it/
Deputy Clerk
APPROVED AS TO FORM:
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
By:
Dorothea Farris, Chair
Date:
/o - 'v-9r
Deborr Quinn Suz . l�. Konc041-,
h
Assistant County Attorney
Date: do cP tf f f
CounW anage
Date: 6// /41
THIS ORDINANCE SHALL BECOME EFFECTIVE 30 DAYS AFTER PUBLICATION FOLLOWING
ADOPTION BY THE BOARD
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Ic\ords\elkpark.ord
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EASEMENT AGREEMENT
C: 48-Izy
CONTRACT #0%{ y
This Easement Agreement made this PA day of �l��j�L� �Z .998, by and
m�., o between Marvin E. Wahlstrom and Irma L. Wahlstrom, Grantors, and the Board of County
'� Commissioners, Pitkin County, Colorado, Grantees ("Pitkin County").
Immy
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UMW . z d 1. Grantors are the owners of certain real property known as 225 Redstone
ems IZ m Boulevard, Redstone, Colorado, situated in the County of Pitkin, State of Colorado, more
= o m particularly described in Exhibit A ("Grantors' Property"). Grantors' Property is under contract
.sm s z for sale, with a closing scheduled for September 24, 1998.
ai m
2. Pitkin County is the owner of two parcels of property in the Redstone, Colorado
a area: Redstone Park, immediately adjacent to Grantors' property, as more particularly described
N m as Lots 1-9 of Block 2, Kistler Subdivision, and Elk Park, across the Crystal River from
'OMMI wl
Grantors' property, more particularly described in Exhibit B.
m 3. Pitkin County will be installing a pedestrian bridge from its Elk Park property to
11° the Redstone Park property.
sr If/
Recitals
4. The bridge supports will be entirely on property owned by Pitkin County, but the
bridge will span, and cross over a corner of Grantors' Property which is currently under the
Crystal River.
� > 0
.�. >- 5. Grantors' desire to grant to Pitkin County an easement over that portion of their
aim y property which will be spanned by the bridge.
UMW >a
_ate 6. The bridge will serve as a vital pedestrian link between the Elk Park property
� a 1- which will include a parking lot, and the center of Redstone, and will be a significant benefit to
MN sot d Grantors' commercial property as described in Exhibit A.
a THEREFORE, in consideration of the mutual promises and benefits herein:
.tea=
mi.
Aa
�a 1. Grantors hereby grant and convey unto the County an easement across a portion of
a c Grantors' Property, for the purpose of allowing the bridge to span across the Crystal River. The
�°: a easement shall include so much of the surface and underwater areas of the Grantors' property as
�• a may be necessary for support and maintenance of the bridge. A legal description of the easement
ID « area will be prepared and recorded by Pitkin County within thirty (30) days after completion of
�
H49 the bridge construction.
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N •
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2. In the event that Pitkin County needs to enter upon Grantors' property for
maintenance or construction of the bridge, such property will be restored to its condition prior to
such entry by Pitkin County, at no cost to Grantors.
Exhibit
-149Litiluljetputimmillosup
of 0 R 0.00 0.00 NO.00 PITKIN COUNTY CO.
AY/4/7-
71, 0,Q D I i✓.WIniGe.
111111 11111 111111 IIIIII 11111 III 1111111 III 11111 1111 1111
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3. _ Grantors agree not to use the property subject to this easement in any way .which
will interfere with the bridge use ..Ff the easement area.
4. Pitkin County shall be responsible at all times for maintenance of the bridge.
5. Grantors agree to incorporate the terms of this Easement in any deed or other legal
instrument by which they convey any interest in all or any part of the property burdened by this
Easement. The Grantors further agree to give written notice to the County of the transfer of any
interest at the time of such transfer, and such notice shall include a new notice address for their
successors in interest or assigns.
6. This instrument sets forth the entire agreement of the parties with respect to the
Easement and supersedes all prior discussions, negotiations, understandings, or agreements
relating to the Easement, all of which are merged herein. Any amendment must be in writing,
signed by the parties.
7. The covenants, terms, conditions, and restrictions of the Easement shall be
binding upon, and inure to the benefit of, the parties hereto and their respective successors and
assigns, and shall continue as a servitude on the Grantors' Property and a benefit to Pitkin
County's property described in paragraph 2 of the Recitals, running in perpetuity with the land.
2.
.�v� 8. The notice address for the parties is as follows:
th
i Li
g Z For Pitkin County:
Y
� a.
•-•
0 m
min gm
For Walstroms:
z
_3
—00
c/o Pitkin County Administration
530 East Main Street
Aspen, CO 81611
Marvin E. Wahlstrom
0062 Elk Mountain Drive, Redstone, CO 81623
1/7
Irma L. Wahlstrom
0062 k Mountain Drive, Redstone, CO 81623
IIIIIIIIIIII 111111 III 1111111 111111111111111111111111111
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1111111 11111 1E1111111H 1111111 11111111111 11111 11111
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IN WITNESS WHEREOF, the parties have executed this Easement Agreement on the
day and date f e, 4d w .
(SEAL) Board of County Commissioners of Pitkin County,
Colorado
By:�
Dorothea Farris, Chairperson
/// /1e74,f t/t)all-k4en/CC)
Marvin E. Wahlstrom
Irma L. Wahlstrom
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this 11 4 day of
c-r-a /2, �.,� 1998, by Dorothea Farris, Chairperson.
Witness my hand and official seal.
My commission expires: 1 Z- 4 1- Z O O
111111111111111111111111111111111111111111111111111111
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- Notarial Acknowledgments Continue On Following Page -
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STATE OF COLORADO
vim EL.D
COUNTY OF PFIIKIN
ss.
1111111 IIII IIIIII IIIIII IIIII III IIIIRI N IIIII IIII IIII
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The foregoing instrument was acknowledged before me this
SEmb£r' , 1998, by Marvin E. Wahlstrom.
Witness my hand and official seal.
My commission expires:
day of
-16h Leen •,1.
Notary Public
STATE OF COLORADO )
G,r47EL� ) ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this 8 day of
—'T�i fiber , 1998, by Irma L. Wahlstrom.
Witness my hand and official seal.
My commission expires:
1/d/miscwork/redspark.grt
Notary Public
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1
EXHIBIT A
371075 8-753 P-260 06/14/94 01t46P PG 2 OF 2
A PARCEL OP LAND SITUATED INTIM NORTHWEST QUARTER OF THE
NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 10 SOUTH, RANGE 88
WEST, 6TH P.N. COUNTY OF PITKIN, STATE Or COLORADO. SAID
PARCEL INCLUDES LOTS 11 AND 12, BLOCK 1 AND THE PLATTED
PORTION OF BEECH DRIVE AS VACATED BY COUNTY RESOLUTION
RECORDED JUL 1, 1986 IN BOOK 514, PAGE 744 AND AS RE -RECORDED
MAR 25,- 1987 IN BOOX 532# PAGE 112, IN THE KISTLER --
SUBDIVISION or REDSTONE AND LIES BETWEEEN THE CENTERLINE OP
THE CRYSTAL RIVER AND THE NORTHWESTERLY RIGHT or WAY LINE Or
A ROADWAY =OWN AS REDSTONE BOULEVARD. SAID PARCEL ALSO LIES
BETWEEN THE SOUTHWESTERLY LINE OF SAID LOT 11 EXTENDED TO THE
CENTEPLINE OF THE CRYSTAL RIVER AND THE SOUTHWESTERLY LINE Or
LOT 1, BLOCK 2, OF SAID SUBDIVISION, EXTENDED TO THE
CENTERLINE OF THE CRYSTAL RIVER. SAID PARCEL IS DESCRIBED BY
METES AND BOUNDS AS mums:
BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID LOT 11 BEING
THE TRUE POINT OF BEGINNING;...
THENCE NORTH 29 DEGREES 59' 00° EAST, 75 FEET TO THE MOST
SOUTHERLY CORNER Or SAID LOT 11
THENCE NORTH 60 DEGREES 01' Dom imr, 110 PEZT TO THE MOST
WESTERLY CORNER or SAID LOT 1;: •
,,THENCE NORTH 60 DEGREES 01' 00° WEST, 73 FEET TO THE
CENTERLINE OT THE CRYSTAL RIVER;
Tit EN C E SOUTH 42 DEGREES 45' 16" WEST, 76.90 FEET ALONG THE
CENTERLINE or THE CRYSTALRIVER1
THENCE SOUTH 60 DEGREES 01' 00° EAST, 90 PEET TO THE MOST
WESTERLY CORNER'OF SAID LOT 11$ -=
THENCE SOUTH 60 DEGREES 01' 00° EAST, 110 PEET TO THE TRUE
POINT OF BEGINNING.
1
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Tr.
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All that part of the Northwest quarter of the Northeast quarter,
Section 20, Township 10 South, Range 88 West of the Sixth
Principal Meridian, Pitkin County, Colorado, lying Southeasterly
of State Highway No. 133 (Pro S 0163. (3), Northwesterly of the
center line of the Crystal River and Southerly of Coal Creek
described as follows:
Beginning at a point on the center line of said Coal Creek at its
intersection with the Easterly right of way line of said highway
whence the North one -quarter corner of said Section 20 bears North
61 degrees 30 minutes West 782.80 feet; thence South 52 degrees
19 minutes West 128.00 feet along the Easterly right of way line
of said highway; thence South 29 degrees 54 minutes 30 seconds
West 257.10 feet along the Easterly right of way line of said
highway; thence South 39 degrees 12 minutes West 180.20 feet
along the Easterly right-of-way line of said highway; thence
South 30 degrees 45 minutes West 130.00-feet along the Easterly
right of way line of said highway; thence South 30 degrees 59
minutes 30 seconds East 53.50 feet; thence South 85 degrees 21
minutes East 40.00 feet to a point in the center of said river;
thence North 44 degrees 22 minutes East 110.84 feet along the
center line of said river; thence North 51 degrees 57 mintues 30
seconds East 334.10 feet along the center line of said river;
thence North 04 degrees 45 minutes East 35.10 feet along the
center line of said river; thence North 27 degrees 15 minutes East.
225.00 feet along the center line of said river; thence North 32
degrees 14 minutes East 163.10 feet along the center line of said
river; thence North 77 degrees 56 minutes West 144.40 feet along
the center line of said Coal Creek to a point on the Easterly
right of way line of said highway the Point of Beginning.
County of Pitkin, State of Colorado
1II III IIIIII III IIIIIII IIIIII IIIII III IIIIII III IIII
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CONSENT TO EASEMENT AGREEMENT
This Consent to Easement Agreement is executed this
1998 by Robert Stifter and Patricia Stifter.
Recitals
7
APPROVED
ORDNANCE
' ' day of
1. The Stifters are the owners of property known as 225 Redstone Boulevard,
Redstone, Colorado, having acquired such property from Marvin E. Wahlstrom and Irma
L. Wahlstrom on September 24, 1998.
2. Prior to the purchase of said property, the Wahlstroms had executed and
delivered to Pitkin County an Easement Agreement, a copy of which is attached as
Exhibit A.
3. The real property currently owned by the Stifters and the property owned
by Pitkin County, which is the subject of the Easement Agreement, is described in that
Agreement.
4. Because the Easement was not executed by Pitkin County or recorded
prior to the Stifters' purchase of the property, Pitkin County desires to obtain the Stifters'
consent to the easement.
THEREFORE, in recognition of the benefits accruing to the property, the Stifters
hereby consent to the Easement Agreement, and agree that the covenants, terms,
conditions, and restrictions of the Easement shall be binding upon the Stifters and their
respective successors and assigns, and shall continue as a servitude on the Stifters'
property and the benefit to Pitkin County's property as described in the Easement
Agreement.
DATED this 472 a- day of 9e- bf -1998.
q9BERT S'1TN rE
PATRICIA S'1'LF'1'ER
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1111111 11111 IIIIII 111111 11111 IIII �1
423821
10/27/1998 03 :18P CONSENT IDI zs IL IIII
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CI
COt�iTY CO
STATE OF = )
) ss.
COUNTY OF cL4- )
e foregsin Co sent o Easement Agreement was acknowledged before me this
day of V 1998, by Robert Stifter.
"OFFICIAL SEAL„
BEVERLY A. NICASIO
Notary Public, Status lii 08128102
is
My Commission ExP
STATE OF ��--
COUNTY OF �Z—
Witness my hand and official seal.
B' iP-Fs )0 aL
My commission expires:
The foregoing Consent to Easement Agreement was acknowledged before me this _
y of n C/41998, by Patricia Stifter.
"OFFICIAL SEAL"
BEVERLY A. NICASIO
Notary Public, State of Illinois
My Commission Expires 08/28102
lc/d/elkpark/consente.agr
Witne4.ss my hand and official se a)
.
My .• mmission expires: �g JO `
of,_ _
Notary Public
•
IIIIIIIIIIIIII111111111111111111111111111111111111111
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MINI1 11111 111111 1111118 3111111 111 DAVIS Ipq 1111VI
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IIN
2
A11 that part of the Northwest quarter of the Northeast quarter,
Section 20, Township 10 South, Range 88 West of the Sixth
Principal Meridian, Pitkin County, Colorado, lying Southeasterly
of State Highway No. 133 (Pro S 0163 (3), Northwesterly of the
center line of the Crystal River and Southerly. of Coal Creek
described as follows:
Beginning at a point on the center line of said Coal Creek at its
intersection with the Easterly right of way line of said highway
whence the North one -quarter corner of Said Section 20 bears North
61 degrees 30 minutes West 782.80 feet; thence South 52 degrees
19 minutes West 128.00 feet along the Easterly right of way line
of said highway;. thence South 29 degrees 54 minutes 30 seconds
West 257.10 feet along the Easterly right of way line of said
highway; thence South 39 degrees 12 minutes West 130.20 feet
along the Easterly right-of-way line of said highway; thence
South 30 degrees 45 minutes West 130.00 feet along the Easterly
right of way line of said highway; thence South 30 degrees 59
minutes 30 seconds East 53.50 feet; thence South 85 degrees 21
minutes East 40.00 feet to a point in the center of said river;
thence North 44 degrees 22 minutes East 110.84 feet along the
center line of said river; thence North 51 degrees 57 mintues 30
seconds East 334.10 feet along the center line of said river;
thence North 04 degrees 45 minutes East 35.10 feet along the
center line of said river; thence North 27 degrees 15 minutes East
225.00 feet along the center line of said river; thence North 32
degrees 14 minutes East 163.10 feet along the center line of said
river; thence North 77 degrees 56 minutes West 144.40 feet along
the center line of said Coal.Creek to a point on the Easterly
right of way line of said highway the Point of Beginning.
County of Pitkin, State of Colorado
'III IIIII IIIIII III IIIIIII IIIIII IIIII III IIIIII III IIII
42 470 11/12/1998 03:55P ORDINANC DAVIS SILVI
13 of 13 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO
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