HomeMy WebLinkAboutBOCC Packet 06272012 Coal Creek CulvertAGENDA ITEM SUMMARY
REGULAR MEETING DATE: June 27. 2012
AGENDA ITEM TITLE: ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO ACCEPTING TEMPORARY
CONSTRUCTION EASEMENTS AND A PERMANENT
EASEMENT FROM PROPERTY OWNERS ALONG COAL CREEK
ROAD FOR THE COAL CREEK CULVERT REPLACEMENT PROJECT
STAFF RESPONSIBLE: G.R. Fielding, County Engineer
ISSUE STATEMENT:
In order to replace a culvert along Coal Creek Road, Pitkin County is seeking two temporary construction easements and one
permanent easement from property owners adj acent to the construction site.
BACKGROUND:
The Coal Creek Culvert Replacement Proj ect ("the Proj ect") is located 1.3 miles up Coal Creek Road above State Highway
13 3 in Redstone. The proj ect consists of removal of an old, failing culvert and adj acent walls and placing a new culvert, head
wall, and wing walls. The easements will be granted by two property owners adj acent to the Proj ect area, Rubino and
Simpson.
The easement granted from Rubino is a temporary construction easement, which is needed in order to access the downstream
portion of the Proj ect. The downstream wing walls are directly adj acent to the Rubino property. Access through the property
will allow needed working space and easier access to the construction site.
The easements granted from Simpson are a temporary easement needed to access the upstream portion of the project and a
permanent easement needed for a small portion of the headwall to be constructed. The headwall is necessary to protect the
embankment as the creek curves where it crosses the roadway just upstream from the road crossing. The temporary
construction easement, similar to the Rubino easement, will allow access to the upstream construction area.
Both Rubino and Simpson are in agreement with the terms and conditions contained in the easements. Signed easements are
expected to be received prior to the second reading of this ordinance. There will be no cost incurred to acquire these
easements. The temporary easements will expire for the construction access at the end of the project.
The Board originally heard of this issue and the need for construction last fall. Unfavorable weather and higher than expected
bids postponed this project to this construction season. Proposals have been received and a contract is being executed at the
time of the writing of this agenda item summary. Work will begin this summer and Staff has already contacted several
affected land owners in the area. Additional meetings with the public are being scheduled, such as the July 10th meeting of the
Redstone Community Association.
LINK TO STRATEGIC PLAN:
Flourishing Built and Natural Environment
RECOMMENDED BOCC ACTION:
Approve the ordinance and set for second reading and public hearing on July 11, 2012
ATTACHMENTS:
Ordinance
Easements
ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO ACCEPTING TEMPORARY CONSTRUCTION
EASEMENTS AND A PERMANENT EASEMENT FROM PROPERTY O�JNERS ALONG
COAL CREEK ROAD FOR THE COAL CREEK CULVERT REPLACEMENT PROJECT
ORDINANCE NO. -2012
1. Pitkin County (the "County") owns and maintains County Road 3D (Coal Creek Road)
which is intersected by Coal Creek approximately 1.3 miles up valley from SH 133 in Pitkin
County, Colorado.
2. Salvatore Rubino owns property adjacent to Coal Creek Road known as Lot 6 Redstone
Unique. Richard Simpson owns property adj acent to Coal Creek Road known as Lot SA
Redstone Unique.
3. The County will be engaging in a culver replacement proj ect due to a failing culvert and retaining
walls. The proj ect consists of removal of an old, failing culvert and adj acent walls and replacing
with a new culvert, head wall, and wing walls.
4. The County is seeking temporary construction easements from Rubino and Simpson in
order to replace the culvert, attached hereto as Exhibits A and B respectively
5. The County is also in need of a permanent easement from Simpson for placement of a
portion of the headwall structure on the private property, attached hereto as Exhibit C.
6. Both Rubino and Simpson consent to and authorize access through their property as
delineated on both the temporary easements and on the permanent easement.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of
Pitkin County, Colorado that the Board does hereby accepts the temporary construction
easements and permanent easement from Rubino and Simpson and authorizes the chair to
execute such easements in substantially the form approved by the County Attorney.
INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING ON THE DAY OF
2012.
NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE
ORDINANCE PUBLISHED IN THE ASPEN TIMES WEEKLY ON . 2012.
NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE ORDINANCE POSTED
ON THE OFFICIAL PITKIN COUNTY WEBSITE (���.�.s��n�itl�in.�c�rr� ) ON THE
DAY OF 2012.
ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE DAY OF
2012.
Ord # - 2012
PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN
TIMES WEEKLY ON THE DAY OF 2012.
ATTEST:
By
Jeanette Jones
Deputy County Clerk
APPROVED AS TO FORM:
BOARD OF COUNTY COMMISSIONERS
By:
Michael M. Owsley, Chairman
Date :
MANAGER APPROVAL
John Ely, County Attorney Jon Peacock, County Manager
EASEMENT REGARDING COAL CREEK CULVERT RECONSTRUCTION
This Agreement regarding the reconstruction of a culvert conveying Coal Creek under Coal Creek Road in
Pitkin County, Colorado ("Agreement") is made and entered into this day of ,
2012 by and between Salvatore Rubino ("Rubino")and the Board of County Commissioners of Pitkin
County, Colorado ("the County")
RECITALS
A. Coal Creek Road is a county road located in Pitkin County, Colorado. The County owns and has
management authority over this road. All communications shall be routed to:
Pitkin County Public Works
76 Service Center Road
Aspen, CO 81611
With a copyto:
Pitkin County Attorney's Office
530 E M a i n St #302
Aspen, CO 81611
Salvatore Rubino
Z� : . . :�►�'�
San Jose, CA 95150
B. Rubino owns that certain parcel of real property (the "Rubino Property") located in Pitkin
County, described as lot 6 Redstone Unique and more fully described in the attached exhibit.
This property is adjacent to Coal Creek Road to the northeast.
C. The County is scheduled to reconstruct and enhance certain aspects of Coal Creek Road in 2012.
As part of its reconstruction, the County will be replacing the existing culvert that conveys Coal
Creek adjacent to the Rubino Property, and will be constructing necessary head and wing walls
to retain the roadway adjacent to the culvert crossing. In the course of these improvements,
certain additional activities will take place within the right-of-way between the paved surface
and the Rubino Property. Additional grading and dewatering may be necessary to minimize
impacts to adjacent lands. To maximize efficiencies it will be necessary for construction workers
to enter on the Rubino Property temporarily in the vicinity of the work, and the parties wish to
provide a temporary construction easement for this purpose. All construction activities shall be
carried out at the County's expense.
D. In general the area needed for access is located adjacent to Coal Creek Road immediately to the
northeast of the culvert to be replaced. It includes an area graded to gain access to the creek
and the area between it and the roadway (the "Upper Rubino Entrance") and the area to the
north of the culvert including the creek and the area graded to the creek ("Graded Area and
Agreement Regarding Coal Creek Culvert Reconstruction:
Pitco/Rubino
� ..��2
Creek). A more detailed depiction of the construction easement area is attached hereto as
Exhibit A.
NOW THEREFORE, in consideration of the foregoing recitals and the covenants contained herein,
and such other good and valuable consideration the sufficiency of which is hereby acknowledged,
The County and Rubino agree as follows:
1. Temporary Construction Easement.
Rubino hereby grants to the Board a non-exclusive temporary construction easement in the locations
depicted on Exhibit A for the purpose of replacing the culvert, installing the head and wing walls, and
performing other construction activities necessary to repair and stabilize the culvert and road
(hereinafter referred to as the "Work"). This construction easement provides the County (including its
agents, representatives and contractors) with the rights of ingress and egress to and from the area of
the Work, with the right to perform necessary ancillary Work within the construction easement itself,
and with the right to perform reclamation and restoration work within the construction easement once
the Work is completed. The County shall also have the right under the construction easement to
temporarily store materials and equipment, and to stage construction activities necessary for the Work.
The boundaries of the construction easement (the "Construction Easement Area"), and the route of
ingress and egress, are depicted on Exhibit A attached hereto. The parties anticipate that the
construction easement shall be used primarily in summer and autumn of 2012 to perform the Work .
The parties anticipate that some further maintenance use of the construction easement may be
necessary after that date, but anticipate that such use shall be rare. Any part or parts of the Rubino
Property, including without limitation the Construction Easement Area, which are damaged or disturbed
during the process of the Work, shall be promptly restored by the County at the County's expense.
2. Reclamation by County. County shall restore any areas of the Rubino Property impacted by the
use of this temporary construction easement to their original condition after the completion of
work on the culvert and adjacent walls. This includes areas as delineated in Exibit A as the Upper
Rubino Entrance, and Graded Area to Creek and any work to restore flow to the headgate
("headgate").
3. Attorneys' Fees. In the event the interpretation or enforcement of this Agreement should ever
become the subject of litigation, arbitration or mediation between the County and Rubino, the
substantially prevailing party shall be awarded its reasonable costs and attorneys' fees and costs
incurred in connection therewith
4. Insurance. The County agrees that it will promptly add Rubino as an additional insured on its
comprehensive general liability policy for purposes of liability or claims that arise out of the
County's activities within the Construction Easement.
5. Whole A�reement; Severability. This Agreement is fully integrated and represents the entire
agreement between the parties. If a court of competent jurisdiction finds or holds any part of
Agreement Regarding Coal Creek Culvert Reconstruction:
Pitco/Rubino
� ..��3
this Agreement to be void, unenforceable, invalid, or illegal, the remainder of this Agreement
shall nevertheless be continued in full force and effect.
6. Recitals. The Recitals contained in this Agreement are hereby made an integral part of the
Agreement.
7. Authority. The Signatories to this Agreement warrant that they have full authority to act on
behalf of and bind their respective organizations to the terms of this Agreement.
DONE THIS DAY OF , 2012:
The Board of County Commissioners of Salvatore Rubino
Pitkin County
EASEMENT REGARDING COAL CREEK CULVERT RECONSTRUCTION
This easement regarding the reconstruction of a culvert conveying Coal Creek under Coal Creek Road in
Pitkin County, Colorado ("Agreement") is made and entered into this day of ,
2012 by and between Richard Simpson ("Simpson")and the Board of County Commissioners of Pitkin
County, Colorado ("the County")
RECITALS
A. Coal Creek Road is a county road located in Pitkin County, Colorado. The County owns and has
management authority over this road. All communications shall be routed to:
Pitkin County Public Works
76 Service Center Road
Aspen, CO 81611
With a copyto:
Pitkin County Attorney's Office
530 E M a i n St #302
Aspen, CO 81611
Salvatore Rubino
Z� : . . :�►�'�
San Jose, CA 95150
B. Simpson owns that certain parcel of real property (the "Simpson Property") located in Pitkin
County, described as lot 5A Redstone Unique and more fully described in the attached exhibit.
This property is situated to the southwest of Coal Creek Road.
C. The County is scheduled to reconstruct and enhance certain aspects of Coal Creek Road during
the summer and fall of 2012. As part of its reconstruction, the County will be replacing the
existing culvert that conveys Coal Creek adjacent to the Simpson Property, and will be
constructing necessary head and wing walls to retain the roadway adjacent to the culvert
crossing. In the course of these improvements, certain additional activities will take place within
the right-of-way between the paved surface and the Simpson Property. Additional grading and
dewatering may be necessary to minimize impacts to adjacent lands. To maximize efficiencies it
will be necessary for construction workers to enter on the Simpson Property temporarily in the
vicinity of the work, and the parties wish to provide a temporary construction easement for this
purpose. All construction activities shall be carried out at the County's expense.
D. In general the area needed for access is located adjacent to Coal Creek Road immediately to the
west-southwest of the road. It includes an area which may be graded to gain access to the creek
and the area between it and the roadway and the area. A more detailed depiction of the
construction easement area is attached here to as Exhibit C.
E. A permanent easement will be necessary to complete the work. It is delineated on Exhibit A and
B. This area shall be twenty feet (perpendicular to Right-Of-Way) by twenty-nine feet (parallel to
Right-Of-Way). This area is in total sum equal to 584.02 square feet more or less.
NOW THEREFORE, in consideration of the foregoing recitals and the covenants contained herein,
and such other good and valuable consideration the sufficiency of which is hereby acknowledged,
The County and Simpson agree as follows:
1. Permanent Easement
Simpson hereby grants to the Board a permanent easement, which shall run with the land and be
binding upon the parties and all of their successors and assigns, in the locations depicted on Exhibit A for
the purpose of ensuring proper installation of the culvert, head and wing walls necessary to repair and
stabilize the area. The County shall be authorized to permanently install and maintain such structures
within the permanent easement area, and shall have rights of ingress and egress across the Simpson
Property to accomplish those purposes. Simpson shall not alter the structures once in place.
2. Easement area. A tract of land situated in Lot 5A, Redstone Unique as described in the Deed
recorded as Reception No. 375279 in the office of the Pitkin County Colorado Clerk and
Recorder, lying in the SE1/4 of Section 18, Township 10 South, Range 88 West of the Sixth
Principle Meridian, Pitkin County Colorado, being more particularly described as follows:
Beginning on a point on the Southerly line of the Coal Creek Road Maintenance Easement
described in Reception No. 389306, being 18 feet southerly and parallel to the northerly line of
said Lot 5A, from whence a Rebar and Cap stamped LS No. 19598 monumenting the end of said
southerly easement line, on the west line of said Lot 5A, which is located S00 7'S7"E a
distance of 18.31 feet from the northwest corner of said Lot 5A, which is located N83°16'48" a
distance of 446.36 feet, thence along said southerly easement line the following two (2) courses:
9.22 feet a long the a rc of a non-ta ngent cu rve to the right, havi ng a rad i us of 462.70 feet, a
central angle of 01°08'32", the chord of which bears S56°56'27"E a distance of 9.22 feet;
Thence S56°22'11"E a distance of 20.18 feet;
Thence S33°37'49"W a distance of 20.00 feet;
Thence N56°22'11"W a distance of 20.18 feet;
Thence 8.83 feet a long the a rc of a cu rve to the left, havi ng a rad i us of 442.70 feet, a centra I
angle of 001°08'32" the chord of which bears N56 °56'27"W a distance of 8.83 feet; Thence
N32°29'17"E a distance of 20.00 feet to the point of beginning, containing 584.02 square feet
more or less.
3. Reclamation by County. County shall restore any areas of the Simpson Property impacted by
the use of this temporary construction easement to their original condition after the completion
of work on the culvert and adjacent walls.
4. Attorneys' Fees. In the event the interpretation or enforcement of this Agreement should ever
become the subject of litigation, arbitration or mediation between the County and Simpson, the
substantially prevailing party shall be awarded its reasonable costs and attorneys' fees and costs
incurred in connection therewith
5. Insurance. The County agrees that it will promptly add Simpson as an additional insured on its
comprehensive general liability policy for purposes of liability or claims that arise out of the
County's activities within the Construction Easement.
6. Whole A�reement; Severability. This Agreement is fully integrated and represents the entire
agreement between the parties. If a court of competent jurisdiction finds or holds any part of
this Agreement to be void, unenforceable, invalid, or illegal, the remainder of this Agreement
shall nevertheless be continued in full force and effect.
7. Recitals. The Recitals contained in this Agreement are hereby made an integral part of the
Agreement.
8. Authority. The Signatories to this Agreement warrant that they have full authority to act on
behalf of and bind their respective organizations to the terms of this Agreement.
DONE THIS DAY OF , 2012:
The Board of County Commissioners of Richard Simpson
Pitkin County
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Salva tore A Rubino `��
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San Jose, CA g515D
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Curve # Length Radius Delta Chord Direction Chord Length
C 1 9.22' 462. 70' 401 '08'32" S56'S6'27�'E 9.22'
C2 8. 83' 442. 74' 001 '08'32 " NSfi'Sfi'27'�Y 8. B3'
� SCHMUESER GORDON MEYER, INC. Permanerlt Easement
I 1 8 W. 6TH S�'R�E�, SUE�'� 200
970) 945- 1�004 ��(�70}�945 �948 S�'1/4 Section 1 U� l« �� R.7.� 1b. VU �/•
SCHMUESER � GORDON I MEYER As��N, CO�oRADO (970) 9z5-67Z7'
� E N Cs I N E E R 5 � S tJ R V E Y a R S CR�STED Burr�, C� (97�) 349-5355 Jo6 Na. 2411�-442.OD1 Date: 70%25�1 Drawn 6y.• re6 Fle.• Cc�'if�enf.�d
EASEMENT REGARDING COAL CREEK CULVERT RECONSTRUCTION
This easement regarding the reconstruction of a culvert conveying Coal Creek under Coal Creek Road in
Pitkin County, Colorado ("Agreement") is made and entered into this day of ,
2012 by and between Richard Simpson ("Simpson")and the Board of County Commissioners of Pitkin
County, Colorado ("the County")
RECITALS
A. Coal Creek Road is a county road located in Pitkin County, Colorado. The County owns and has
management authority over this road. All communications shall be routed to:
Pitkin County Public Works
76 Service Center Road
Aspen, CO 81611
With a copyto:
Pitkin County Attorney's Office
530 E M a i n St #302
Aspen, CO 81611
Salvatore Rubino
Z� : . . :�►�'�
San Jose, CA 95150
B. Simpson owns that certain parcel of real property (the "Simpson Property") located in Pitkin
County, described as lot 5A Redstone Unique and more fully described in the attached exhibit.
This property is situated to the southwest of Coal Creek Road.
C. The County is scheduled to reconstruct and enhance certain aspects of Coal Creek Road during
the summer and fall of 2012. As part of its reconstruction, the County will be replacing the
existing culvert that conveys Coal Creek adjacent to the Simpson Property, and will be
constructing necessary head and wing walls to retain the roadway adjacent to the culvert
crossing. In the course of these improvements, certain additional activities will take place within
the right-of-way between the paved surface and the Simpson Property. Additional grading and
dewatering may be necessary to minimize impacts to adjacent lands. To maximize efficiencies it
will be necessary for construction workers to enter on the Simpson Property temporarily in the
vicinity of the work, and the parties wish to provide a temporary construction easement for this
purpose. All construction activities shall be carried out at the County's expense.
D. In general the area needed for access is located adjacent to Coal Creek Road immediately to the
west-southwest of the road. It includes an area which may be graded to gain access to the creek
and the area between it and the roadway and the area. A more detailed depiction of the
construction easement area is attached here to as Exhibit C.
Agreement Regarding Coal Creek Culvert Reconstruction:
Pitco/Simpson
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E. A permanent easement will be necessary to complete the work. It is delineated on Exhibit A and
B. This area shall be twenty feet (perpendicular to Right-Of-Way) by twenty-nine feet (parallel to
Right-Of-Way). This area is in total sum equal to 584.02 square feet more or less.
NOW THEREFORE, in consideration of the foregoing recitals and the covenants contained herein,
and such other good and valuable consideration the sufficiency of which is hereby acknowledged,
The County and Simpson agree as follows:
1. Temporary Construction Easement.
Simpson hereby grants to the Board a non-exclusive temporary construction easement in the locations
depicted on Exhibit C for the purpose of replacing the culvert, installing the head and wing walls, and
performing other construction activities necessary to repair and stabilize the culvert and road
(hereinafter referred to as the "Work"). This construction easement provides the County (including its
agents, representatives and contractors) with the rights of ingress and egress to and from the area of
the Work, with the right to perform necessary ancillary Work within the construction easement itself,
and with the right to perform reclamation and restoration work within the construction easement once
the Work is completed. The County shall also have the right under the construction easement to
temporarily store materials and equipment, and to stage construction activities necessary for the Work.
The boundaries of the construction easement (the "Construction Easement Area"), and the route of
ingress and egress, are depicted on Exhibit C attached hereto. The parties anticipate that the
construction easement shall be used primarily in the autumn of 2012 to perform the Work. The parties
anticipate that some further maintenance use of the construction easement may be necessary after that
date, but anticipate that such use shall be rare. Any part or parts of the Simpson Property, including
without limitation the Construction Easement Area, which are damaged or disturbed during the process
of the Work, shall be promptly restored by the County at the County's expense. This re-vegetation shall
be with native type seed i ng a nd a I I a reas to be regraded to I i ke existi ng cond itions.
2. Reclamation by County. County shall restore any areas of the Simpson Property impacted by
the use of this temporary construction easement to their original condition after the completion
of work on the culvert and adjacent walls.
3. Attorneys' Fees. In the event the interpretation or enforcement of this Agreement should ever
become the subject of litigation, arbitration or mediation between the County and Simpson, the
substantially prevailing party shall be awarded its reasonable costs and attorneys' fees and costs
incurred in connection therewith
4. Insurance. The County agrees that it will promptly add Simpson as an additional insured on its
comprehensive general liability policy for purposes of liability or claims that arise out of the
County's activities within the Construction Easement.
5. Whole A�reement; Severability. This Agreement is fully integrated and represents the entire
agreement between the parties. If a court of competent jurisdiction finds or holds any part of
Agreement Regarding Coal Creek Culvert Reconstruction:
Pitco/Simpson
� ..��3
this Agreement to be void, unenforceable, invalid, or illegal, the remainder of this Agreement
shall nevertheless be continued in full force and effect.
6. Recitals. The Recitals contained in this Agreement are hereby made an integral part of the
Agreement.
7. Authority. The Signatories to this Agreement warrant that they have full authority to act on
behalf of and bind their respective organizations to the terms of this Agreement.
DONE THIS DAY OF , 2012:
The Board of County Commissioners of Richard Simpson
Pitkin County