HomeMy WebLinkAboutbocc.res.086.1999AN INFORMAL RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO AUTHORIZING THE COUNTY MANAGER TO EXECUTE
THE POSSESSION AND USE AGREEMENT FOR THE MILLS REMAINDER PROPERTY
RESOLUTION #99-
RECITAI.S
1. By Resolution 98-152 and by the Memorandum of Understanding between the County, the Federal
Highway Administration, and the Colorado Department of Transportation ("CDOT") dated July 27,
1998, approved by that Resolution ("the MOU"), the Board of County Commissioners of Pitkin
County, Colorado ("BOCC") agreed not to contest CDOT's authority to condemn 1.5 acres of the
Moore property owned by the County as part of the CDOT acquisition necessary for the Maroon Creek
Roundabout and as part of the Entrance to Aspen addressed in the Record of Decision for the final
three miles of improvements for Highway 82 into the City of Aspen.
2. In the MOU, the County agreed to accept as replacement property approximately 31 acres of the Mills
Ranch, also called the Mills remainder parcel, in common ownership with the City of Aspen.
3. CDOT initiated condemnation proceedings for acquisition of the necessary Moore property as well as
for City of Aspen property needed for the construction of the Roundabout, in Pitkin County District
Court, Case 99 CV 90-3, and the Stipulation for Possession submitted in that case authorizes CDOT to
take possession of the Moore 1.5 acres as described in the Petition in that case, as well as the City
property described therein, "upon execution of a possession and use agreement of the property known
as the Mills remainder...by the petitioner to ...City of Aspen ... and Pitkin County Board of County
Commissioners".
4. CDOT has submitted a Possession and Use Agreement for the Mills remainder parcel, attached hereto
as Exhibit A.
5. Resolution 98-152 contemplated that the Maroon Creek Roundabout would be constructed in 1999.
6. The Possession and Use Agreement is the last right-of-way transaction necessary to be completed in
order for construction of the intersection improvements to be commenced, and it gives the City and
County the irrevocable right to possession and use of the Mills remainder property, as the exchange
parcel for the Moore and the City property needed for the Roundabout and other property identified in
CDOT's MOU with the City of Aspen.
7. The final conveyance of the Mills remainder parcel to the City and County will occur after completion
of other acquisitions by CDOT for the Entrance to Aspen, but not necessary for construction of the
Roundabout.
8. The Board desires to allow construction to begin on the roundabout immediately.
NOW THEREFORE, BE IT RESOLVED that the Board of County Commissioners of Pitkin
County, Colorado does hereby approve a Possession and Use Agreement with the Colorado Department of
Transportation and the City of Aspen in the form attached as Exhibit A and authorizes the County Manager
to execute the Agreement immediately, and to execute such other documents as may be necessary to permit
construction of the Roundabout to begin.
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INTRODUCED, FIRST READ AND ADOPTED ON THE 46F4f DAY OF MAY,
1999.
ATTEST:
Je I. ette Jones
D puty Clerk
APPROVED AS TO FORM:
Acc«*ant County Attorney
I/resos/millP&Uses
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
ChairS /
Date:
SuzaKonch
Cou anage
a
Bill IIII111111IIIIII11111III IIIII11111111
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CONTRACT # 995J
POSSESSION AND USE AGREEMENT
This agreement is made this�day of i a.d. 19g9 between Pitkin
County, the City of Aspen, (herein referred to as the City d County), and the Colorado
Department of Transportation, State of Colorado,(herein referred to as CDOT) for the purpose of
granting the irrevocable right to possession and use to the City and County, a parcel of land
commonly known as the "Mills Property." The property involved is described more fully in
Exhibit "A" attached hereto and made a part hereof by reference.
I. CDOT hereby grants an irrevocable right of possession and use to the City and County. In
consideration for this irrevocable grant of possession the City and County have entered into a
stipulation for possession in CDOT v. City of Aspen, Pitkin County Board of County
Commissioners, and Thomas Oken, as Treasurer for Pitkin County, 99 CV 90. The stipulation
conveyed possession and use of the parcels set forth in Exhibit "A" of the Petition in
Condemnation in 99 CV 90, to CDOT.
2. The purpose of this agreement is to allow the construction to begin on the Maroon Creek
Round -a -bout component of the project without delay and to allow the parties to avoid additional
litigation expenses at this time.
3. This agreement shall be deemed a contract and it shall bind the parties when signed by a
representative of the City, County CDOT with the authority to bind the respective public entities.
4. It is agreed that the parties shall record this document with the,P,ixtioV5C0c ACC
Recorder.
RALPHRAPANI
Program Engineer
Colorado Departrment of Transportation
A
Aspen Ci' Manager
ON 5-d- 7
PIT COUNT BOARD OF COUNTY
C ISSIONERS
By: SUZANNE KONCHAN
Pitkin County Manager
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EXHIBIT "A"
PROJECT NUMBER: STR 0821-029 UNIT 3
PARENT PARCEL NUMBER: 302 Rev.
Project Code: 10211
Date: April 27, 1999
DESCRIPTION
A tract or parcel of land being a part of parcel No. 302 of the Department of Transportation State of Colorado, Project
No. STR 0821-029 Unit 3 containing 31.382 acres more or less, in Lots 9 and 10, Section 21, Township 9 South, Range 85
West of the Sixth Principal Meridian, in Pitkin County, Colorado, said tract being more particularly described as follows:
Commencing at the Southeast corner of Section 21, Township 9 South, Range 85 West of the Sixth Principal
Meridian; Thence South 89" 22' 36" West, a distance of 895.86 feet to a point where the center of the main channel of the
Roaring Fork River as located in 1996 intersects the South line of said Section 21, said point being the TRUE POINT OF
BEGINNING;
MILLS WPO
April 27,1999
1. Thence continuing South 89' 22' 36" West along the South line of said Section 21, a distance of 412.98 feet;
2. Thence North 18' 39' 54" East, a distance of 99.30 feet;
3. Thence North 35. 22' 54" East, a distance of 134.30 feet;
4. Thence North 53' 25' 22" East, a distance of 282.39 feet;
5. Thence North 28' 42' 04" West, a distance of 118.61 feet;
6. Thence North 20" 04' 47" East, a distance of 127.08 feet;
7. Thence North 04' 32' 16" East, a distance of 180.60 feet;
8. Thence North 03' 40' 22" West, a distance of 949.49 feet;
9. Thence North 11' 09' 44" East, a distance of 252.30 feet;
10. Thence North 12' 28' 42" West, a distance of 220.29 feet;
11. Thence North 31* 19' 11" West, a distance of 314.28 feet;
12. Thence North 19' 45' 23" West, a distance of 322.57 feet;
13. Thence North 51" 40' 03" West, a distance of 148.69 feet;
14. Thence North 30' 45' 31" West, a distance of 136.47 feet to the Northerly line of that certain parcel of land
described in deed recorded in Book 736 on Page 296 of the Pitkin County records;
15. Thence North 65' 23' 01" East along said Northerly line, a distance of 557.09 feet to the center of the main
channel of the Roaring Fork River as located in 1996;
16. Thence South 31" 58' 34" East along said channel center, a distance of 111.09 feet
17. Thence South 40' 12' 02" East continuing along said channel center, a distance of 58.21 feet;
18. Thence South 29* 57' 54" East continuing along said channel center, a distance of 91.35 feet;
19. Thence South 12' 23' 31" East continuing along said channel center, a distance of 30.55 feet;
20. Thence South 27' 25' 45" East continuing along said channel center, a distance of 61.85 feet;
21. Thence South 33' 09' 08" Ea conti uing alo g s id cha nel center, dista ce of 51.13 feet;
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MILLS.WPLI
Apnl 27.1999
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22. Thence South 17'
23. Thence South 09'
24. Thence South 17'
25. Thence South 13'
26. Thence South 12'
27. Thence South 09'
28. Thence South 19*
29. Thence South 25*
30. Thence South 22
31. Thence South 19'
32. Thence South 08*
33. Thence South 17*
34. Thence South 01'
35. Thence South 03'
36. Thence South 10'
37. Thence South 03'
38. Thence South 03*
Thence South 00'
Thence South 11*
11' 31" East continuing along said channel center, a distance of 83.60 feet:
39' 36" East continuing along said channel center, a distance of 50.71 feet;
31' 59' East continuing along said channel center, a distance of 96.33 feet;
48' 57" East continuing along said channel center, a distance of 74.86 feet;
55' 53" East continuing along said channel center, a distance of 77.49 feet;
05' 11" East continuing along said channel center, a distance of 64.24 feet;
12' 15" East continuing along said channel center, a distance of 81.69 feet;
25' 08" East continuing along said channel center, a distance of 42.20 feet;
• 41' 11" East continuing along said channel center, a distance of 30.50 feet;
58' 11" East continuing along said channel center, a distance of 39.79 feet;
04' 51" East continuing along said channel center, a distance of 31.14 feet;
08 43" East continuing along said channel center, a distance of 58.87 feet;
17 16" West continuing along said channel center, a distance of 33.29 feet;
48' 16" East continuing along said channel center, a distance of 50.02 feet;
05' 31" East continuing along said channel center, a distance of 26.55 feet;
46' 48' East continuing along said channel center, a distance of 122.24 feet;
18' 02" West continuing along said channel center, a distance of 219.04 feet;
16' 17' West continuing along said channel center, a distance of 122.89 feet;
58' 12' West continuing along said channel center, a distance of 47.38 feet;
Thence South 26' 23' 36" West continuing along said channel center, a distance of 69.74 feet;
Thence South 32' 43' 21" West continuing along said channel center, a distance of 104.98 feet;
Thence South 29' 04' 26" West continuing along said channel center, a distance of 72.04 feet;
44. Thence South 15' 46' 21" West continuing along said channel center, a distance of 59.50 feet;
45. Thence South 05' 14' 16" West continuing along said channel center, a distance of 63.97 feet;
46. Thence South 11' 31 00" East continuing along said channel center, a distance of 77.34 feet;
47. Thence South 09' 35 52" East continuing along said channel center, a distance of 64.82 feet;
48. Thence South 26' 37 15" East continuing along said channel center, a distance of 128.01 feet;
49. Thence South 29' 33 35" East continu'ng along said channel center, a distance of 133.20 feet;
50. Thence South 11' 47 21" East continu ng along said channel center, a distance of 107.68 feet;
51. Thence South 03' 03 50" West continuing along said channel center, a distance of 119.45 feet;
52. Thence South 11'14 44" West c tin ing along said channe ce to , a distance of 194.31 feet;
39.
40.
41.
42.
43.
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53. Thence South 16' 49' 30" West continuing along said channel center, a distance of 69.35 feet;
54. Thence South 18' 25' 08" West continuing along said channel center, a distance of 87.88 feet;
55. Thence South 47' 30' 46" West continuing along said channel center, a distance of 121.02 feet;
56. Thence South 53' 30' 15" West continuing along said channel center, a distance of 59.88 feet;
57. Thence South 47' 04' 21" West continuing along said channel center, a distance of 65.11 feet;
58. Thence South 39' 15' 33" West continuing along said channel center, a distance of 46.07 feet;
59. Thence South 29' 14' 53" West continuing along said channel center, a distance of 48.65 feet to the TRUE
POINT OF BEGINNING.
The above described parcel contains 1,366,989 square feet or 31.382 acres more or less.
BASIS OF BEARINGS: South 89' 22' 36" West along the Section line common to the Southeast Quarter of Section 21
and the Northeast Quarter of Section 28, T. 9 S., R. 85 W., 6'" P.M.. The Section corner common to Sections 21, 22, 27 and 28
of said Township being a 1992 3-1/2 inch brass cap marked P.L.S. 16129 and the Quarter corner common to Section 21 and
22, being a 1994 3-1/4 inch C.D.O.H. aluminum cap marked P.L.S. 17491.
WRITTEN BY:
Gary D. Gable, PLS 24662
MK Centennial
P.O. Drawer 1307
Arvada, CO 80001
MILLSAM
A0127,1999
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CDOT v. FLATIRON STRUCTURES COMPANY,
CASE # 99-CV-353, Division 1 — Weld Count,
HI DH SJJUJ
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DEX TO PLEADINGS
Page 1
N
DESCRIPTION
'PARTY
DATE
1.
PETITION IN CONDEMNATION
CDOT
4/26/99
2.
INITIAL CASE MGMT ORDER
COURT
4/27/99
3.
NOTICE OF LIS PENDENS
CDOT
5/3/99
4.
AFFID OF SERVICE (for Macey&Mershon Oil)
Macey&Mershon
5/6/99
5.
DISCLAIMER
Macey&Mershon
5/6/99
6.
DISCLAIMER
TREAS & PT
5/7/99
7.
ACCPTC OF SERVICE (for Treas & Pub Trustee)
TREAS & PT
5/7/99
8.
SUMMONS IN CONDEMNATION
CDOT
5/7/99
9.
ENTRY OF APPRCE & ACCPTC OF SERVICE (for Sperber Esq.)
FLATIRON
5/11/99
10.
ACCPT OF SERVICE (for Saint Vrain Sanitation District)
ST VRAIN
5/11/99
11.
ACCPT OF SERVICE & DISCLAIMER (for Stan Barrett, Inc.)
STAN BARRETT
5/11/99
12.
ACCPT OF SERVICE (for Rawlins National Bank)
RAWLINS
5/11/99
13.
ACCPT OF SERVICE (for United Power, Inc.)
UNITED PWR
14.
DISCLAIMER & MOTION TO DISMIS ( United Power, Inc.)
UNITED PWR
15.
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EXHIBIT "A"
PROJECT NUMBER: STR 0821-029 UNIT 3
FLOATING EASEMENT AREA
PARENT PARCEL - MILLS PROPERTY - PARCEL 302
Project Code: 10211
Date: May 11, 1999
DESCRIPTION
A Floating Easement being a part of parcel No. 302 of the Department of
Transportation State of Colorado, Project No. STR 0821-029 Unit 3, being within the
area containing 14,520 acres more or less, in Lots 9 and 10, Section 21, Township 9
South, Range 85 West of the Sixth Principal Meridian, in Pitkin County, Colorado, said
easement being a 100 foot wide strip located within the area more particularly
described as follows:
Commencing at the Southeast comer of Section 21, Township 9 South, Range
85 West of the Sixth Principal Meridian; Thence South 89* 22' 36" West, along the
south line of said Section 21, a distance of 1308.85 feet; Thence North 18* 39' 54"
East, a distance of 99.30 feet; Thence North 35* 22' 54" East, a distance of 134.30
feet; Thence North 53* 25' 22" East, a distance of 282.39 feet; Thence North 28* 42'
04" West, a distance of 118.61 feet to the True Point of Beginning;
1. Thence North 20* 04' 47" East, a distance of 127.08 feet;
2. Thence North 04* 32' 16" East, a distance of 180.60 feet;
3. Thence North 03* 40' 22" West, a distance of 949.49 feet;
4. Thence North 11* 09' 44" East, a distance of 252.30 feet;
5. Thence North 12* 28' 42" West, a distance of 157.69 feet;
6. Thence North 74* 33' 39" East, a distance of 432.70 feet to the center of the
main channel of the Roaring Fork River as located in 1996;
7. Thence South 08* 04' 51" East continuing along said channel center, a distance
of 31.14 feet;
8. Thence South 17* 08' 43" East continuing along said channel center, a distance
of 58.87 feet;
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10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22. Thence South 09* 35' 52"
of 64.82 feet;
23.
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Thence South 01* 17' 16"
distance of 33.29 feet;
Thence South 03* 48' 16"
of 50.02 feet;
Thence South 10* 05' 31"
of 26.55 feet;
Thence South 03* 46' 48"
of 122.24 feet;
Thence South 03* 18' 02"
distance of 219.04 feet;
Thence South 00* 16' 17"
distance of 122.89 feet;
Thence South 11* 58' 12"
distance of 47.38 feet;
Thence South 26* 23' 36"
distance of 69.74 feet;
Thence South 32* 43' 21"
distance of 104.98 feet;
Thence South 29* 04' 26"
distance of 72.04 feet;
Thence South 15* 46' 21"
distance of 59.50 feet;
Thence South 05* 14' 16"
distance of 63.97 feet;
Thence South 11* 31' 00"
of 77,34 feet;
West continuing along said channel center, a
East continuing along said channel center, a distance
East continuing along said channel center, a distance
East continuing along said channel center, a distance
West continuing along said channel center, a
West continuing along said channel center, a
West continuing along said channel center, a
West continuing along said channel center, a
West continuing along said channel center, a
West continuing along said channel center, a
West continuing along said channel center, a
West continuing along said channel center, a
East continuing along said channel center, a distance
East continuing along said channel center, a distance
Thence South 26* 37' 15" East continuing along said channel center, a distance
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of 128.01 feet;
24. Thence South 29* 33' 35"
of 133.20 feet;
25. Thence South 11* 47' 21"
of 107.68 feet;
26, Thence South 03* 03' 50"
distance of 119.45 feet;
27. Thence South 74* 33' 39"
Beginning;
East continuing along said channel center, a distance
East continuing along said channel center, a distance
West continuing along said channel center, a
West, a distance of 480.44 feet to the True Point of
The above described area in which the 100 foot wide easement will be located
contains 632,381 square feet, (14.520 acres), more or less
The Colorado Department of Transportation reserves a 100 foot wide transportation
easement consistent with Memorandum of Understanding entered into by the
Colorado Department of Transportation and Pitkin County on June 11, 1998. In the
event that it becomes apparent that the transportation easement will not be utilized,
the Colorado Department of Transportation shall convey the easement to Pitkin
County and the City of Aspen, each with an undivided interest.
BASIS OF BEARINGS: South 89* 22' 36" West along the Section line common
to the Southeast Quarter of Section 21 and the Northeast Quarter of Section 28, T. 9
S., R. 85 W., 6t° P.M.. The Section comer common to Sections 21, 22, 27 and 28 of
said Township being a 1992 3-1/2 inch brass cap marked P.L.S. 16129 and the
Quarter corner common to Section 21 and 22, being a 1994 3-1/4 inch C.D.O.H.
aluminum cap marked P.L.S. 17491.
WRITTEN BY:
Gary D. Gable, PLS 24662
MK Centennial
P.O, Drawer 1307
Arvada, CO 80001
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