HomeMy WebLinkAboutbocc.ord.029.1999AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO AUTHORIZING VACATION AND CONVEYANCE OF
PORTIONS OF EAST MAROON CREEK ROAD
AND CONUNDRUM CREEK ROAD
Ordinance No. 99- 2
Recitals
1. The Board of County Commissioners ("BOCC") has initiated the procedure under the
Pitkin County Land Use Code for the vacation of a portion of East Maroon Creek Road and Conundrum
Creek Road located in the National Forest.
2. The United States Forest Service ("USFS") has experienced an increase in mechanized
and motorized traffic on Conundrum Creek Trail and East Maroon Trail, within the National Forest
wilderness area boundaries, and has not been able to enforce its prohibition on motor vehicles on these
County roads.
3. Only those portions of the Conundrum Creek Road and the East Maroon Creek Road
which are located wholly within the National Forest boundary and which do not traverse or abut or are
not adjacent to any private property, will be vacated.
4. The portions of Conundrum Creek Road and East Maroon Creek Road which traverse,
abut, or are adjacent to private property (now trails) are not included in the vacation request, and are to be
quit -claimed to the USFS, in order to maintain public ownership of the current public access through such
private property.
5. The legal description of these road sections not vacated is: All of those portions of the
county roads known as Conundrum Creek Road commencing at a point 1.12 miles from Castle Creek
Road at the U.S.F.S. boundary and trail head and ending at the County line and East Maroon Creek Road
starting at the intersection of Maroon Creek Road and East Maroon Creek Road at the U.S.F.S. trail head
and ending at the County line, all within Pitkin County, which traverse or are adjacent to or abut the
following private properties: Great Western U.S.M.S. # 6054 located in the Maroon Mining District;
Richard 3rd U.S.M.S. # 6331 located in the Maroon Mining District; Expectation U.S.M.S. # 7024
located in the Elk Mountain Mining District; Parallel U.S.M.S. # 5295 located in the Maroon Mining
District; Guess So U.S.M.S. # 632 located in the Maroon Mining District; Central Terror U.S.M.S. # 634
located in the Maroon Mining District; Champion U.S.M.S. # 3763 located in the Columbia District;
Robert Bonner U.S.M.S. # 5509 located in the Columbia District; Iron King U.S.M.S. # 4410 located in
the Elk Mountain District; and Voice U.S.M.S. # 7023 located in the Maroon District.
6. This road vacation application is governed by the standards set forth in Pitkin County
Land Use Code § 3-200-070 C.
7. The Pitkin County Planning and Zoning Commission reviewed the application on June I,
1999 and recommended approval.
8. The BOCC finds that the proposal complies with the applicable criteria set forth in the
Pitkin County Land Use Code.
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Ordinance # 99 - ,R
Page 2
9. This vacation shall not leave any land adjoining the roads without an established public
road or private -access easement connecting said land with another established road.
NOW THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Pitkin
County, Colorado that:
l . The Board of County Commissioners does hereby vacate those portions of East Maroon
Creek Road and Conundrum Creek Road which are located wholly within the National Forest boundary
as described in Recital 3, and excluding those portions of the roads described in Recital 4; and
2. The Chair is authorized to sign a quit claim deed and other such documents that may be
necessary to complete the vacation and conveyance of portions of East Maroon Creek Road and
Conundrum Creek Road to the United States of American upon approval of such documents by the
County Attorney's Office, which vacation does not include those portions of the county roads known as
Conundrum Creek Road commencing at a point 1.12 miles from Castle Creek Road at the l'.S.F.S.
boundary and trail head and ending at the County lines and East Maroon Creek Road starting at the
intersection of Maroon Creek Road and East Maroon Creek Road at the U.S.F.S. trail head and ending at
the County lines all within Pitkin County which traverse or are adjacent to or abut the following private
properties: Great Western U.S.M.S. # 6054 located in the Maroon Mining District; Richard 3rd U.S.M.S.
# 6331 located in the Maroon Mining District; Expectation U.S.M.S. # 7024 located in the Elk Mountain
Mining District; Parallel U.S.M.S. # 5295 located in the Maroon Mining District; Guess So U.S.M.S. #
632 located in the Maroon Mining District; Central Terror U.S.M.S. # 634 located in the Maroon Mining
District; Champion U.S.M.S. # 3763 .ocated in the Columbia District; Robert Bonner U.S.M.S. # 5509
located in the Columbia District; iron King U.S.M.S. # 4410 located in the Elk Mountain District; and
Voice U.S.M.S. # 7023 located in the Maroon District.
INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING ON THE 11TH DAY
OF AUGUST, 1999.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE WEEKEND EDITION OF THE
ASPEN TIMES ON 31ST DAY OF JULY, 1999.
APPROVED UPON SECOND READING AND PUBLIC HEARING ON THE 25TH DAY
OF AUGUST, 1999.
PUBLISHED AFTER ADOPTION IN THE WEEKEND EDITION OF THE ASPEN
TIMES ON THE 4_TH DAY OF,1999.
This Ordinance shall become effective thirty (30) days after publication following final
adoption by the Board.
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Ordinance # 99 - 6291
Page 3
KITES
Jeanett ones
Depu Jerk
APPOVED AS TO FORM:
Deborah Quinn 9 /c 77
Assistant County Attorney
P21-99
Suzannew\pitkin\cases\road vacation\conundrumtord
caremrosnb+ss
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
slie J. Lamont
Chair
Date:.. ��i■
Cindy Houben
Community Development Director
1111111WIEN1111111111i111llilllIII 1111111111111
437393 11/04/1999 01:19P ORDINANC DAVIS SILYI
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QUIT CLAIM D
THIS DEED, made this 3/a day of / , 19 99 , between the
BOARD OF COUNTY COMMISSIONERS OF PITKIN C NTY, COLORADO, a body corporate
and politic, whose address is 530 East Main Street, Aspen, Colorado, 81611, hereinafter called
'Grantors," to the UNITED STATES OF AMERICA, whose address is Washington, D.C., herein-
after called "Grantee."
WITNESSETH:
Grantors, for and in consideration of Ten dollar ($10.00), received by Grantors, does
hereby Quit Claim to Grantee and its assigns all the right, title, interest, claim and demand which
the Grantor have in and to the following described real estate situate, lying and being in the
County of Pitkin and State of Colorado, to wit:
All that portion of the county road known as Conundrum Creek Road commencing at
a point 1.12 miles from Castle Creek Road, at the boundary of lands owned by UNITED
STATES OF AMERICA, administered by the U.S.D.A. Forest Service, and Private
Lands, and ending at the Pitkin County Line; All that portion of the county road known
as East Maroon Creek Road starting the intersection of Maroon Creek Road and East
Maroon Creek Road and ending at the Pitkin County line.
Including but not limited to those portions which traverse or are adjacent to or abut the
following properties:
Guess So Lode, U.S.M.S. #632, !ocated in tho Maroon Mining District.
Central Terror Lode, U.S.M.S. #634, located in the Maroon Mining District.
Great Western Lode, U.S.M.S. #6054, located in the Maroon Mining District.
Richard 3rd Lode, U.S.M,S. #6331, located in the Maroon Mining District.
Voice Lode, U.S.M.S. #7023, located in the Maroon Mining District
Champion Lode, U.S.M.S. #3763, located in the Columbia Mining District;
Iron King Lode, U.S.M.S. #4410, located in the Elk Mountain Mining District.
Parallel Lode, U.S.M.S. #5295, located in the Maroon Mining District.
Robert Bonner Lode, U.S.M.S. # 5509, located in the Columbia Mining District.
Expectation Lode, U.S.M.S. #7024, located in the Elk Mountain Mining District.
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QUIT CLAIM DEED
Pitkin County BOCC to U.S.A. Page 2
THE ACQUIRING AGENCY is the Forest Service, Department of Agriculture.
TO HAVE AND TO HOLD the same, together with all and singular the appurtenances
and privileges thereunto belong, or in anywise thereunto appertaining, all the estate, right, title,
interest and claim whatsoever, of the Grantor, either in law, equity, to the only proper use, ben-
efit and behalf of the Grantee, its heirs and assigns forever.
IN WITNESS WHEREOF, the said parties have executed this deed on the date set forth
above.
ette Jones
puty Clerk
APF@ROVED AS TO FORM:
Deborah Quinn
Assistant County Attorney
State of Colorado
ss:
County of Pitkin
BOARD OF COUNTY COMMISSIONERS
OF PITKIN CQ1, NTY, COLORAD
Leslie Lamon(Q'haaiir
Date( 3 ! ( ! 1
ACKNOWLEDGMENT
Acknowledged before me this 4/ day of ALP PST , 1999, by 4sdE ,hftlo*T/
Ao e c deemvicaezrafa
Witness my»nd and official se
blic Signature
My Commission Expires: /07 _'/—r?g'/
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437393 11/04/1999 01:18P ORDINRNC DAVIS SILVI
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.� 437394 11/04/1999 01:19P OCD DAVIS SILVI
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QUIT CLAIM DEED
THIS DEED, made this 3 day of 19 99 _, between the
BOARD OF COUNTY COMMISSIONERS OF PITKIN C NTY, COLORADO, a body corporate
and politic, whose address is 530 East Main Street, Aspen, Colorado, 81611, hereinafter called
'Grantors,' to the UNITED STATES OF AMERICA, whose address is Washington, D.C., herein-
after called 'Grantee."
WITNESSETH:
Grantors, for and in consideration of Ten dollar ($10.00), received by Grantors, does
hereby Quit Claim to Grantee and its assigns all the right, title, interest, claim and demand which
the Grantor have in and to the following described real estate situate, lying and being in the
County of Pitkin and State of Colorado, to wit:
All that portion of the county road known as Conundrum Creek Road commencing at
a point 1.12 miles frcm Castle Creek Road, at the boundary of lands owned by UNITED
STATES OF AMERICA, administered by the U.S.D.A. Forest Service, and Private
Lands, and ending at the Pitkin County Line; All that portion of the county road known
as East Maroon Creek Road starting the intersection of Maroon Creek Road and East
Maroon Creek Road and ending at the Pitkin County line.
Including but not limited to those portions which traverse or are adjacent to or abut the
following properties:
Guess So Lode, U.S.M.S. #632, located in tho Maroon Mining District.
Central Terror Lode, U.S.M.S. #634, located in the Maroon Mining District.
Great Westem Lode, U.S.M.S. #6054, located in the Maroon Mining District.
Richard 3rd Lode, U.S.M.S. #6331, located in the Maroon Mining District.
Voice Lode, U.S.M.S. #7023, located in the Maroon Mining District
Champion Lode, U.S.M.S. #3763, located in the Columbia Mining District;
Iron King Lode, U.S.M.S. #4410, located in the Elk Mountain Mining District.
Parallel Lode, U.S.M.S. #5295, located in the Maroon Mining District.
Robert Bonner Lode, U.S.M.S. # 5509, located in the Columbia Mining District.
Expectation Lode, U.S.M.S. #7024, located in the Elk Mountain Mining District.
437383 11/04/1999 01:18P ORDINANC DAVIS SILVI
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QUIT CLAIM DEED
Pitkin County BOCC to U.S.A. Page 2
THE ACQUIRING AGENCY is the Forest Service, Department of Agriculture.
TO HAVE AND TO HOLD the same, together with all and singular the appurtenances
and privileges thereunto belong, or in anywise thereunto appertaining, all the estate, right, title,
interest and claim whatsoever, of the Grantor, either in law, equity, to the only proper use, ben-
efit and behalf of the Grantee, its heirs and assigns forever.
IN WITNESS WHEREOF, the said parties have executed this deed on the date set forth
above.
A L ST:
J 'Fnette Jones
puty Clerk
APRROVED AS TO FORM:
Deborah Quinn
BOARD OF COUNTY COMMISSIONERS
OF PITKIN CNTY, COLORAD
Leslie Lamont9hair
Date/'I/ !1
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Assistant. County Attomey 437394 11/04/1999 01:19P OCD DAVIS SILVI
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State of Colorado )
) ss:
County of Pitkin
ACKNOWLEDGMENT
sf
Acknowledgged before meth`- - of ." _ - — ""- by / _e. � T
Zan c c C./416490e.erow2
Witness my j, nd and official se
blic Signature
My Commission Expires: 2a2a
437393 11/04/1999 01:18P ORDINRNC DAVIS SILVI
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