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HomeMy WebLinkAboutBOCC Packet 09142011 Merritt Estate Easement AGENDA ITEM SUMMARY REGULAR MEETING DATE: September 14, 2011 AGENDA ITEM TITLE : Ordinance Vacating A Trail Easement On Sparovic Lot 1-B And Accepting A New Trail Easement And River Access Easement From The Merritt Estate STAFF RESPONSIBLE: Barb D’Autrechy ISSUE STATEMENT :Pitkin County currently holds a trail easement across Lot 1-B of the Sparovic Subdivision along the south bank of Roaring Fork River East of Aspen. When the East of Aspen Trail was constructed, portions of the trail were built outside the existing easement, not directly adjacent to the river. The current landowner has agreed to convey a new trail easement and a river access easement, in exchange for the County vacating the original easement. BACKGROUND :In 1994, the Open Space and Trails program constructed the first segment of the popular East of Aspen Trail. This first reach of the trail began at the intersection of Highway 82 and Stillwater Drive and traveled east to its original terminus,the North Star Bridge. The trail segment relied on a chain of trail easements that the county acquired through the land use process inprior years. One such easement traverses Lot 1-B of the Sparovic subdivision. In 1982,the BOCC approved the Sparovic Subdivision, located on the south side of Highway 82 in the Mountain Valley area east of Aspen. This approval included two forms of public access: an in-stream recreational access to the Roaring Fork River, and a 15 foot wide trail easement along the south bank of the river. Thetrail that was eventually constructed across the Sparovic subdivision, including Lot 1-B, was not located entirely within the platted trail easement. Thatencroachment has never been corrected. The current owner of Lot 1-B, the Merritt Estate, has agreed to grant the County a new trail easement agreement that corresponds to the existing trail’s alignmentin exchange for the County’s vacation of the original platted trail easement. The result of this new trail easement is the creation of a gap in public access between the trail and the Roaring Fork River. To rectify the situation, the Merritt estate has also agreed to permit public access between the trail and the river’s edge, so that the public can access the river from the trail without trespassing onprivate land. OST would like to acknowledge the generous cooperation of the Merritt estate. LINK TO STRATEGIC PLAN: Amending this trail easementmeets the County’s goal for a livable and supportive communityaccess to recreation by providing . KEY DISCUSSION ITEMS: This proposed trail and river access easement is intended to amend existing documentation to reflect the current public uses that occur on the Property so that the public may continue to enjoy the trail and access the river, and the rightsof the 1 landowner are protected. There will be no change in the use or public enjoyment of the East of Aspen Trail or the Roaring Fork River on this property. BUDGETARY IMPACT: The incidental costs associated with this trail and river access easement can be covered by the current 2011 budget. RECOMMENDED BOCC ACTION: Approve the ordinance at first reading and set for public hearing on September 28, 2011. ATTACHMENTS: Map 2 ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO VACATING A TRAIL EASEMENT ON SPAROVIC LOT 1-B AND ACCEPTING A NEW TRAIL EASEMENT AND RIVER ACCESS EASEMENT FROM THE MERRITT ESTATE ORDINANCE NO. _______-2011 RECITALS 1.The Voters of Pitkin County and the Pitkin County Commissioners established an Open Space and Trails program for the purposes of preserving and providing open space and trails resources in Pitkin County, and specifically to ensure access to public lands. 2.In 1982,the Board of County Commissioners approved the Sparovic Subdivision plat, which was recorded at Plat Book 13Page78. This plat included the dedication of public in-stream recreational access to the Roaring Fork River and a 15foot wide trail easement along the south bank of the river. 3.In 1994, the County Open Space and Trails program constructed the East of Aspen trail across the Property. However, portions of the trail were constructed outside the existing easement. This encroachment was not corrected. 4.The current owners of Lot 1-B of the Sparovic subdivision, theMerritt estate, now wish to convey a new trail easement agreement located along the existing East of Aspen Trail, in exchange for the County’s vacation of the 1982 platted trail easement. The Merritt estate also wishes to grant the county public access to that portion of the property that lies between the trail easement and the Roaring Fork River, so that the public may continue to access the river from the trail lawfully. 5.The County wishes to accept these public recreation easements and agrees to vacate the originally platted trail easement. 6.The Open Space and Trails Board unanimously recommended this amendment on August 25, 2011. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Pitkin County, Colorado that: 1.)the Board authorizes the vacation of the 15 foot wide trail easementon Lot 1-B of the Sparovic Subdivision as represented on Plat Book 13 Page 78 2.)The Board accepts from the Merritt estate a new 15 foot wide trail easement along the East of Aspen Trail as it currently exists across Lot 1-Band accepts a public river access easement between the new trail easement and the south bank of the Roaring Fork River 3 3.)Upon approval of the form by the Open Space Director and County Attorney, the Chair of the Board, or alternate member of the BOCC, is authorized to execute and agreement with the Merritt estate to complete theactions stated above, and any other documents necessary to complete these transactions. INTRODUCED, FIRST READ, AND APPROVED ON THE 14th DAY OF SEPTEMBER 20110. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE ____ DAY OF _________ 2011. APPROVED UPON SECOND READING AND PUBLIC HEARING ON THE 28th DAY OF SEPTEMBER 2011. PUBLISHED AFTER ADOPTION IN THE WEEKEND EDITION OF THE ASPEN TIMESON THE ____ DAY OF ______________, 2011. ATTEST: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO ______________________________ ______________________________ Jeanette Jones Rachel E.Richards Deputy Clerk Chairwoman Date: _________________________ APPROVED AS TO FORM: ______________________________ _____________________________ John Ely Jon Peacock County Attorney County Manager ______________________________ Dale Will, Director Open Space and Trails Program 4