HomeMy WebLinkAboutbocc.res.049.2013 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
APPROVING A DECLARATION OF TRAIL USE REGARDING CERTAIN
TRAILS TRAVERSING AIRPORT PROPERTY
RESOLUTION NO. OW -2013
Whereas, the Pitkin County Airport is presently traversed by the Owl Creek Trail now
administered by the Pitkin County Open Space and Trails Program; and
Whereas, the Pitkin County Open Space and Trails Board adopted the Sky Mountain
Park Plan on June 19, 2012 after consultation and input by the Board of County
Commissioners.
Whereas, the Sky Mountain Park Plan anticipates the construction of two additional
trails that will cross the Pitkin County Airport property, the "Airline Trail" and the
"Buttermilk Connector."
Whereas, the Federal Aviation Administration has assisted in the purchase of the Airport
property and has requested this "Declaration of Trail Use"to clarify the terms by which
the trails may be maintained there.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Pitkin County, Colorado that:
I. The Board of County Commissioners declares that the use of certain lands within the
Pitkin County Airport for the Owl Creek, Airline, and Buttermilk Connector trails is
in the public interest.
2. The Chair is authorized to execute the"Declaration of Trail Use" in
substantially the form attached hereto upon final approval by the Open Space
Director and County Attorney.
3. This resolution is to be in full force and effect from and after its passage and
approval.
INTRODUCED AND ADOPTED ON THE TENTH DAY OF JULY 2013.
ATT ST: BOARD OF COUNTY COMMISSIONERS
OF '1 KIN COUNTY, r OLORADO
4 By ,0 .
Jean: • Jones George Newma Chair ,an
Depujy Clerk& Recorler
Date:' 20(3
APPROVED AS TO FORM: MANAGER APPROVAL:
John Ely, County Jonack, County
SI /7
Dale W Ii -for
Open Space and Trails
2
2
DECLARATION OF TRAIL USE
THIS DECLAR TION OF TRAIL USE (this "Declaration") is made as
of this day of 6 f , 2013, by PITKIN COUNTY,
COLORADO.
RECITALS
A. Pitkin County, Colorado (the "County") is the owner of the Aspen/Pitkin
County Airport (the "Airport") and is responsible for the management of the
Pitkin County Open Space and Trails Program.
B. A portion of the existing Owl Creek Trail is located on the Airport, as
depicted on Exhibit A attached hereto and incorporated herein by this
reference.
C. The County is planning to construct the Airline Trail in connection with Sky
Mountain Park; a portion of the Airline Trail is located on the Airport at the
location depicted on Exhibit A.
D. The County is planning to construct a trail, referred to for planning purposes
as the Buttermilk Connector Loop Trail, a portion of which would be located
on the Airport at or near the location depicted on Exhibit A.
E. The portions of the Owl Creek Trail, Airline Trail, and Buttermilk
Connector Loop Trail located or to be located on the Airport are referred to
herein as the "Trails."
F. The County has determined that use of approximately 6 acres of Airport
property for this recreational use will promote and maintain positive Airport-
community relations.
G. The County has determined that the use of the Trails is a compatible,
concurrent use with the Airport and will not impede the present or future use
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of the Airport for airport purposes.
H. The County is recording this Declaration to define uses of the Trails.
NOW, THEREFORE, for ONE DOLLAR ($1.00) and other valuable
consideration, the County hereby declares that the Trails shall be owned and used
subject to the terms and provisions hereof.
1. Use of the Trails
a. Use of the Trails shall be subject to the rules and regulations
promulgated by the County for all similar County trails, currently
codified at Title 12 of the Pitkin County Code, and any applicable
management plan pertinent to the specific trail, including without
limitation the Sky Mountain Park Management Plan.
b. Use of the Trails shall also be subject to the rules and regulations
promulgated by the County applicable to the Airport, currently
codified at Title 10 of the Pitkin County Code.
c. Notwithstanding the generality of the foregoing, in no event shall
the Trails be used by horses due to the risks to horse and rider and
to the public from such use in close proximity to the Airport.
d. In the event of a conflict among the rules and regulations for
County trails, an applicable management plan, and the rules and
regulations for the Airport, the more restrictive requirement or
standard shall apply.
2. Construction and Maintenance
a. The County Department of Open Space and Trails ("OST") shall
be solely responsible for the cost of maintaining the portion of the
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Owl Creek Trail located on the Airport.
b. OST shall be solely responsible for the cost of constructing and
maintaining the portion of the Airline Trail to be located on the
Airport.
c. OST shall be solely responsible for the cost of constructing and
maintaining the portion of the Buttermilk Connector Loop Trail to
be located on the Airport.
d. OST shall comply with applicable notice, security, and other
requirements of the Airport prior to initiating construction or
conducting maintenance of the Trails.
e: No Airport revenue shall be used to support any capital or
operating costs associated with the maintenance and/or use of the
Trails.
3. Temporary Closure and Relocation
a. The Trails may be subject to temporary closure at the direction of
the Director of OST or the Director of Aviation; provided however
that the party directing closure shall notify the other party in
writing no less than 30 days prior to the closure, except in
emergencies.
b. The Director of Aviation is authorized to require the removal or
relocation of the Trails or any portion thereof, should the Director
of Aviation reasonably determine that the property is required for
airport purposes or that the use of the Airport property would
provide greater benefits to the Airport than continuation of the
recreational trail use. In such event:
434038_1
i. The Director of Aviation shall notify the Director of OST in
writing no less than 90 days prior to the date the property is
needed for airport purposes, and shall assist the Director of
OST to determine whether and how to relocate that portion
of the Trails needed for airport purposes to another location
on the Airport.
ii. OST shall be solely responsible for the cost of removing or
relocating any portion of the Trails should the Director of
Aviation issue the notice described herein that the property
is required for airport purposes.
c. OST may independently determine that removal or relocation of
the Trails or, any portion thereof, is necessary, in the absence of
receiving notice from the Director of Aviation. In such event:
i. The Director of OST shall notify the Director of Aviation in
writing no less than 90 days prior to initiating any action,
and shall coordinate with the Director of Aviation, as
necessary, to remove the relevant portion of the Trails.
ii. OST shall be solely responsible for the cost of removing any
portion of the Trails covered by this notice.
4. From time to time, but no less often than once every three years, the
Director of Aviation and the Director of OST shall meet to evaluate
the continued use of the Trails and the planned and foreseeable use of
the property and other portions of the Airport with potential effects on
the property.
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5. The County reserves the right to terminate or amend this Declaration
at any time.
6. Nothing herein contained shall be deemed to be a gift or dedication to
the public of any portion of the Trails or Airport. There are no
intended third party beneficiaries of this Declaration and no member
of the general public shall have the right to enforce the provisions
hereof.
[Signature Pages Follow]
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IN WITNESS WHEREOF the County has executed this Declaration as of
the date first written above.
PITKIN COUNTY, COLORADO
Date: I H By:
Title: � A
//Attest:
BY: 41. ; _ ' �VUUX/J
Title: 1 .1 . ), JAL, i. :.
434038_1 �j{
v
STATE OF COLORADO )
) ss.
CITY AND COUNTY OF )
The foregoing instrument was hereb6or cknowledged before me this r2-7f "
day of vZ f , 2013,( by Q s-e r 1{w/u&r,L as
'�ta1 vrn&w tt r�d c).2.AYt-ei-he e..7 as
Y/ctf`c of a°"1y c"I'n�dsigisiitkin County, Colorado.
age 4./T./ L°G'VPI -( c!4nia
WITNESS my hand and official seal.
C./
/ GYN T • Notary Public
: M : c y.. r
My Commission expires:
•'7Aoo 'g0 iM016
[SEAL]
•
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