The URL can be used to link to this page

Home My WebLink Aboutbocc.ord.037.2001 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO ACCEPTING THE GRANT OF A RIGHT OF WAY EASEMENT FROM TIM AND JINNY DITZLER FOR THE IMPROVEMENT OF THE BRUSH CREEK/MEDICINE BOW INTERSECTION Ordinance No. S 1 - 2001 Recitals 1. Tim and Jinny Ditzler are the owners of real property situated in the Brush Creek Subdivision, known as Lot 2, Block 2 and as more fully described on Exhibit A attached to the Right of Way Easement. 2. In May of 1999, Pitkin County entered into an Intergovernmental Agreement with the Brush Creek Metropolitan District. Pursuant to the IGA, Pitkin County and Brush Creek acknowledged that the intersection of Medicine Bow Road and Brush Creek Road was inadequate and substandard. Pitkin County agreed to disburse funds towards the acquisition of lands necessary to improve such intersection. 3. As a result of construction at the intersection, the Ditzlers have conveyed to Pitkin County, a right of way on their property adjacent to Brush Creek Road to finish the improvements. NOW, THEREFORE, be it ordained by the Board of County Commissioners of Pitkin County, Colorado that the Board of County Commissioners does hereby accept the Right of Way Easement from Tim and Jinny Ditzler for the improvement of the Owl Creek/Medicine Bow Road. INTRODUCED, FIRST READ AND SET FOR PUBLIC HEARING ON THE 8" DAY OF AUGUST, 2001. NOTICE OF PUBLIC HEARING PUBLISHED IN THE WEEKEND EDITION OF THE ASPEN TIMES ON DAY OF 1111 H AUGUST, 2001 . APPROVED UPON SECOND READING AND PUBLIC HEARING ON THE 22ND DAY OF AUGUST, 2001. PUBLISHED AFTER ADOPTION IN THE WEEKEND EDITION OF THE ASPEN TIMES ON THE 1ST DAY OF SEPTEMBER, 2001. III IN 11111111 gof 860 61:03R I III SILVIR DAVIS PITKIN COUNTY CO R 0.00 D 0.00 Ordinance # �� - 2001 Page 2 ATTEST: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO Jea to Jones, Michael C. Irelan Dep ty Clerk Chair Date: APPROVED AS TO FORM: Kathleen M. Morgan Hilary Fl cher Smith Assistant County Attorney County Mimager Date: Q— "DL hords\caulflel.ord I IIIIIIIIIII IIIIII III IIIII IIIIII Iilllll III IIIII IIII IIII 458695 09/ 1 11:03A SILVIP DAVIS PITKIN COUNTY CO R 0.00 D 0.00 RIGHT-OF-WAY EASEMENT THIS RIGHT-OF WAY EASEMENT is granted this2-0ay of _ 2001 by Tim Ditzler and Jinny Ditzler, whose address is 0351 Brush Creek R ad, Aspen, Colorado 81611 ("Grantors") to Pitkin County, a home rule county, State of Colorado, whose address is 530 East Main Street, #302, Aspen, Colorado 81611 ("Grantee"). WHEREAS, Grantors are the owners of real property in Pitkin County, Colorado, more specifically described as Lot 2, Block 2 Brush Creek Subdivision, as recorded in Plat Book 3 at Page 62 of the Pitkin County records ("Property") and desire to grant an easement for use of the same to Grantee on the terms and conditions set forth herein; WHEREAS, Grantee is a home rule county that owns and has the responsibility for the maintenance of the roads in Brush Creek Village and desires to receive this easement based on the conditions set forth herein; NOW, THEREFORE, for Thirty-Three Thousand, One Hundred and Thirty-Three Dollars and Thirty-Three Cents ($33,133.33) and other good and valuable consideration, the sufficiency and receipt of which is hereby acknowledged, the parties covenant and agree as follows: 1. Grant of Easement. Grantors hereby grant and convey to Grantee a perpetual non-exclusive casement over, upon, across, and under that certain parcel of land of approximately 0.083 acres which is more particularly described on Exhibit A attached hereto ("Easement Land") for the purposes set forth therein. 2. Purpose of Easement. The easement over, upon, across, and under the Easement Land shall be an easement for the design, construction, operation, maintenance, repair, replacement, and improvement of a public road as a part of the public road system of Grantee and for any necessary drainage or utilities. 3. Binding Effect. This easement shall run with the land and be binding upon and inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors and assigns. IN WITNESS WHEREOF, the parties hereto have executed this easement on the day and year first above written. GRANTORS: TIM DITZLER ( JI Y DITZL IIII IIIII IIIIII III IIII)IIIII IIIIIII III IIIII IIII IIII 0 Page:695 el :03A SILVIA DAVIS PITKIN COUNTY CO R 0.00 0 0.00 GRANTEE: PITKIN COU�TY By:: hairman, Board of dounty C!otnmissioners f •13-d � STATE OF COLORADO ) ss COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this a0'V'l day of 2001 by Tim Ditzler. Witness my hand and official seal. My commission expires: �►YCAI;stlSslOidk)iPlfi iU:e a , OR+ Notar ublic STATE OF COLORADO ) ss COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this d-OV) day of 2001 by Jinny Ditzler. Witness my hand and official seal. My commission expires: My �;pr�6kPiAtSJU �`�,sCJ Nota Public IIIIIIIIIIIIIII111111IIIIIII1111111111111 Page: 4 of V95 6 SILVIR DA IS PITKIN COUNTY CO III 17/2001 11.03q R 0.00 D 0.00 2 STATE OF COLORADO ) ss COUNTY OF PITKIN ) The foregoing i r ent was ackn 1 ged before me this P,3�day of 2001 by s Chairperson of the Pitkin CountQ Board of County ommissioner . ff Witness my hand and official seal. My commission expires: N ary Public INIIIIII4 ge:5 osl:0aa NCOCO R 0.00 D 0.00 SILVIi7 DAVISS PITKIN COUNTY 3 l '� i �nl'll j a f FED+ GrHL E'TA-E 970-947-9007 h)� [4�9,. 2r ' LZOAL DZSCRiPTION: Medicines How Road Zasement Lot 2, Bleak 2, Filing 1, Brush Creek Village A road, drainage and utility easement situated in LOL 2, Block 2, Filing 1, Brush Creek Village (as monumented) according to the plat thereof recorded in Plat Book 3 at Page 62, Section 21, Township 9 South, Range 85 West of the 6th Principal Meridian, Pitkin County, Colorado, being more particularly described as follows: Said road, drainage and utility easement beginning at a point on the northerly line of said Lot 2, Block 2 and the common southerly line of Lot 1, Block 2, Filing One, Brush Creek Village whence the northwesterly corner of said Lot 2, Block 2 a r.ebar and cap L. S. #2376 found in place bears N 88°22' 32" W 496. 79 feet with all bearings being based upon two rebar and caps L.S. #2376 found at the southwesterly and northwesterly corners of said Lot 2, Block 2 using a bearing of S 03*48100" E between the two described monuments. Thence along said line S 90*22132" E a distance of 29.51 fAeY_ to the northeasterly corner of said Lot 2, Block 2 and the . common southeasterly corner of said Lot 1, Block 2; Thence, southwesterly along the easterly line of said Lot 2, Block 2, S 12"39129" W a distance of 114 .08 feet; Thence, 122.75 feet along the arc of a non-tangent curve to the right having a 75 .00-foot radius, a central angle or 93046123" and subtending a chord bearing of N 03°46153" W a distance of. 109.50 feet; Thence, N 4300611,8" E a distance of 3.95 feet to thN Point, of beginning, containing an area of 3, 608 sq. ft. (0.083 acres) , more or less. The name and address of the person who created the above legal description is Jeffrey Allen Tuttle L.S. 33638, Tuttle Surveying services, 226 Heather Lane, Glenwood Springy, Colorado 81601. ------------------------------------- Jeffrey Allen Tuttle i,.S. 33638 Date EXHIBIT A I IIIIII IIIII IIIIII III IIIII IIIIII IIIIIII III I 58695 Y`� � IIII IIII IIII 4ge. 6 of 6 , rj' ;;; ,� ,, SILVifi DAVIS PITKIN COUNTY CO 09/17/2001 71:03q R 0.00 D 0.00 RIGHT-OF-WAY EASEMENT //� Q THIS RIGHT-OF WAY EASEMENT is granted this Clay of du 2001 by Tim Ditzler and Jinny Ditzler, whose address is 0351 Brush Creek R ad, Aspen, Colorado 81611 ("Grantors") to Pitkin County, a home rule county, State of Colorado, whose address is 530 East Main Street, #302, Aspen, Colorado 81611 ("Grantee"). WHEREAS, Grantors are the owners of real property in Pitkin County, Colorado, more specifically described as Lot 2, Block 2 Brush Creek Subdivision, as recorded in Plat Book 3 at Page 62 of the Pitkin County records ("Property") and desire to grant an easement for use of the same to Grantee on the terms and conditions set forth herein; WHEREAS, Grantee is a home rule county that owns and has the responsibility for the maintenance of the roads in Brush Creek Village and desires to receive this easement based on the conditions set forth herein; NOW, THEREFORE, for Thirty-Three Thousand, One Hundred and Thirty-Three Dollars and Thirty-Three Cents ($33,133.33) and other good and valuable consideration, the sufficiency and receipt of which is hereby acknowledged, the parties covenant and agree as follows: 1. Grant of Easement. Grantors hereby grant and convey to Grantee a perpetual non-exclusive easement over, upon, across, and under that certain parcel of land of approximately 0.083 acres which is more particularly described on Exhibit A attached hereto ("Easement Land") for the purposes set forth therein. 2. Purpose of Easement. The easement over, upon, across, and under the Easement Land shall be an easement for the design, construction, operation, maintenance, repair, replacement, and improvement of a public road as a part of the public road system of Grantee and for any necessary drainage or utilities. 3. Binding Effect. This easement shall run with the land and be binding upon and inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors and assigns. IN WITNESS WHEREOF, the parties hereto have executed this easement on the day and year first above written. GRANTORS: TIM DITZLER +JIYITZL IIIIII IIIII IIIIII III IIIII IIIIII IIIIiII III IIIII IIII IIII esg 8696 1 i:07A SILVIR DAVIS PITKIN COUNTY CO R 0.00 D 0.00 GRANTEE: PITKIN COU] TY /7 /JJ� By7 Thairman, Board of ounty o missioners f•y3•d / STATE OF COLORADO ) ss COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this 010* day of 2001 by Tim Ditzler. `,Fitness my hand and official seal. My,q�xilimission expires: MYCO'W&I.WEXPIRESiWE19.2001 Notarikublic STATE OF COLORADO ) ss COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this a201V) day of 2001 by Jinny Ditzler. Witness my hand and official seal. My commission expires: WC0=&StpI,4EXP1BE8JW&19.2= NotakyPublic IIIIIIIIIIIIIIII Page:696 4 SILVIP DAVIS PITKIN COUNTY CO 001 11 .07R R 0.00 D 0.00 2 STATE OF COLORADO ) ss COUNTY OF PITKIN ) The foregoing i94r ent was ackn 1 dged before me this P,?��day of 2001 by s Chairperson of the Pitkin CounQ Board of County ommisSion — Witness my hand and official seal. My commission expires: N ary"Public IIIII 1111 IIIIPage: 3 of 4 458696 IIIIIIIIIIIIII11R 09/17/200 0 0011:07R SILVIR DAVIS PITKIN COUNTY CO 3 I AIUi jefASPEN REAL ESTATE 970-847-9007 NO . 2429) 2H . LEGAL DseCRIPTIOST: Medicine Bow Read saseanent Lot 2, Block 2, rIling 1, Brush Creek Village A road, drainage and utility easement situated in LUG 2, Block 2, Filing 11 Brush Creek Village (as monumented) according to the plat thereof recorded in Plat Book 3 at Page 62, Section 21, Township 9 South, Range 85 West of the 6th Principal Meridian, Pitkin County, Colorado, being more particularly described as follows: Said road, drainage and utility easement beginning at a point on the northerly line of said Lot 2, block 2 and the common southerly line of Lot 1, Block 2, Filing One, Brush Creek Village whence the northwesterly corner of said Lot 21 Block 2 a r.ebar and cap L.S. 02376 found in place hears N 88022 '32" W 496.79 feet with all bearings being based upon two rebar and caps L.S. #2376 found at the southwesterly and northwesterly corners of said Lot 2, Block 2 using a bearing of S 03048100" E between the two described monuments. Thence along said line S 88°22'32" E a distance of 29.53 feet_ to the northeasterly corner of said Lot 2, Block 2 and the . common southeasterly corner of said Lot 1, Block 2; Thence, southwesterly along the easterly line of said Lot 2, Block 2, S 12039'29" W a distance of 114 .08 feet; Thence, 122.75 feet along the arc of a non-tangent curve to the right having a 75.00-•foot radius, a central angle of 93'46123" and subtending a chord bearing of N 03*46153" W a distance of. 109.50 feet; Thence, N 43006, 181, E a distance of 3.95 feet to tilm point. of beginning, containing an area of 31608 sq, ft. (0.083 acres) , more or less. The name and address of the person who created the above legal description is Jeffrey Allen Tuttle L.S. 33638, Tuttlo Surveying Services, 226 Heather Lane, Glenwood Spri.ng.-,, Colorado 81601. Jeffrey Allen Tuttle I,.S. .136:18 Date EXHIBIT A IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 4g869f i::e7 A SILVIA DAVIS PITKIN COUNTY CO R 0.00 D 0.00