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Home My WebLink Aboutbocc.packet.07232014 - State of Colorado AABC Access AGENDA ITEM SUMMARY REGULAR MEETING DATE: July 23, 2014 AGENDA ITEM TITLE: RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO APPROVING A LICENSE AGREEMENT WITH THE STATE OF COLORADO GRANTING PERMISSION TO CROSS THE STATE HIGHWAY 82 ACCESS CONTROL LINE FOR THE AABC PEDESTRIAN TUNNEL STAFF RESPONSIBLE: Brian Pettet Public Works Director ISSUE/BACKGROUND STATEMENT: The Colorado Department of Transportation(CDOT) requires that a license be signed in order to allow infrastructure improvements to cross the access control line. This is an administrative procedure that CDOT is requiring because the AABC pedestrian tunnel crosses the access control line of the Airport side of State Highway 82. LINK TO STRATEGIC PLAN: Flourishing Natural and Built Environment Ease of mobility via safe and efficient transportation systems KEY DISCUSSION ITEMS: Does the Board of County Commissioners understand the need to sign this license agreement with CDOT? BUDGETARY IMPACT: None RECOMMENDED BOCC ACTION: Approve the resolution enabling the Chair of the Board of County Commissioners to sign the license agreement with the State of Colorado. ATTACHMENTS: Resolution License agreement Access line license survey RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO APPROVING A LICENSE AGREEMENT WITH THE STATE OF COLORADO GRANTING PERMISSION TO CROSS THE STATE HIGHWAY 82 ACCESS CONTROL LINE FOR THE AABC PEDESTRIAN TUNNEL RESOLUTION NO. -2014 1. Pitkin County lead the effort to construct the AABC pedestrian tunnel at the AABC and Pitkin County Airport. 2. Pitkin County is interested in ensuring that State guidelines are followed in order to ensure the viability and future use of the pedestrian crossing at the AABC. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Pitkin County, Colorado that the Chair of the Board of County Commissioner's is authorized to sign the attached license with the State of Colorado to cross the access control line at the AABC pedestrian tunnel. INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING ON THE DAY OF 2014. NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE RESOLUTION PUBLISHED IN THE ASPEN TIMES WEEKLY ON 2014. NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE RESOLUTION POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.aspenpitkin.com) ON THE DAY OF 2014. ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE DAY OF 2014. PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN TIMES WEEKLY POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.aspenpitkin.com) ON THE DAY OF 2014. ATTEST: BOARD OF COUNTY COMMISSIONERS By By: Jeanette Jones Rob Ittner, Chair Deputy County Clerk Date: APPROVED AS TO FORM: MANAGER APPROVAL John Ely, County Attorney Jon Peacock, County Manager 2 LICENSE THE DEPARTMENT OF TRANSPORTATION, STATE OF COLORADO ("Licensor"), whose legal address is 4201 E. Arkansas Avenue, City and County of Denver, State of Colorado, hereby grants to the BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY ("Licensee")whose legal address is Courthouse Plaza, 530 East Main Street, Aspen, Colorado 81611. PERMISSION TO CROSS OVER the State Highway 82 access control line of the Colorado Department of Transportation, from and to the real property of the Licensee in the City of Aspen in the County of Pitkin, Colorado, ("the property"), at the location of: A TWO HUNDRED NINTY FIVE FOOT A-LINE BREAK ALONG THE WESTERLY RIGHT-OF-WAY OF STATE HIGHWAY 82, COMMON WITH THE EASTERLY LINE OF SARDY FIELD-ASPEN AIRPORT, TOWN OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHENCE THE SOUTHEAST CORNER OF SECTION 34, TOWNSHIP 9 SOUTH, RANGE 85 WEST OF THE SIXTH PRINCIPLE MERIDAN, PITKIN COUNTY, COLORADO BEARS SOUTH 71°42'48" EAST A DISTANCE OF 1235.14 FEET, AND CONSIDERING THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 34 TO BEAR NORTH 89°12'25" WEST WITH ALL BEARINGS HEREIN RELATIVE THERETO: THENCE ALONG SAID WESTERLY RIGHT OF WAY LINE ON THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 1,860.00 FEET, A CENTRAL ANGLE OF 00°17'47" AND A DISTANCE OF 09.62 FEET, (A CHORD BEARING SOUTH 30°03'35" EAST, A DISTANCE OF 09.62 FEET); THENCE CONTINUING ALONG SAID WESTERLY RIGHT OF WAY LINE SOUTH 14°23'33" EAST A DISTANCE OF 285.38 FEET TO THE END POINT OF THE A-LINE BREAK. FOR THE PURPOSE OF ingress and egress to a pedestrian underpass as approved by the Colorado Department of Transportation Region 3 Permits Unit. This agreement constitutes a bare License, conferring no enforceable right on Licensee and creating no property interest. It is a mere personal privilege, non-transferable and revocable at will, but shall be valid and remain in effect in perpetuity unless terminated for good cause in writing by either party. This License shall not be considered a commitment by Licensor nor in any way authorizes or guarantees any continuing use of the License. This License authorizes the construction, use, and maintenance of the aforementioned pedestrian underpass. The Licensee shall locate all utilities prior to commencing work. Licensee shall be responsible for the prompt restoration of CODT right-of-way to the condition found prior to commencing work. Licensee assumes liability for the construction, operation, and use of the entranceway and agrees to defend, indemnify, and hold harmless the Federal Highway Administration and the Licensor and any employees, agents contractors, or other representatives of the Licensor against any and all damages, claims, liability, loss, or expenses, including attorney's fees and litigation costs, arising from or in any way related to the construction, operation, or use of the entranceways or the issuance or use of this License. This License is not a State Highway Access Permit or State Highway Utility Permit. Signed this day of , 2014 DEPARTMENT OF TRANSPORTATION STATE OF COLORADO By: By: David Fox, Chief Clerk— Property Management Scott McDaniel, P.E.,Acting Chief Engineer STATE OF COLORADO ss. CITY AND COUNTY OF DENVER The foregoing instrument was acknowledged before me this day of , 2014, by Scott McDaniel, P.E., Acting Chief Engineer, and David Fox, Chief Clerk, Property Management, of the State of Colorado acting by and through the Department of Transportation. Witness my hand and official seal. My commission expires: {S E A L} Notary Public The undersigned verify that he/she has read the foregoing Agreement and agrees to accept and abide by all the terms and conditions thereof. BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY By: By: STATE OF COLORADO ) ss. COUNTY OF PITKIN The foregoing instrument was acknowledged before me this day of , 2014, by , in his/her capacity as and by , in his/her capacity as and on behalf of the Board of County Commissioners of Pitkin County, Colorado. Witness my hand and official seal. My commission expires: {S E A L} Notary Public Colorado Department of Transportation Sheet Revisions Sheet Revisions Sheet Revisions License P P Date Description Initials Date Description Initials Date Description Initials Exhibit CDOT Room222 south 317 6th Street Project Number:C 0821-101 CO " Grand Junction,CO 81501„. Phone:970 683 6233 FAX:970 683 6249 Project Location: SH 82 AABC Pedestrian Underpass Region 3 JEM Pro iect 47 Code:Last 6/17/IDate Subset Sheet No. BUSINESS CENTER ---DRAINAGE CONNECTION RETAINING WALLS TO E.X SYSTEM 60'ROW— PROPOSED DRAINAGE (TYP) _ f _ 60'ROW TRAIL-1 SAGE WAY / AABC 100 Rpm, _ I / - EXISTING SIDEWALK SAS WAY 7& —,_� AABC LL 100 ROAD j \ a / t V FILL LINE j/ � �n7w wir,i 1wwi�www�itf��r m ww w1�iJ�s .. 1 / m EENBETV ` �� t r I✓ /� •. + / ' -- aCR\," f/ ' •I CDDT •ERM s ___ 1_. .,► L ^+ _EAS: ENT , \ i— DOW ALLEY BIL SNOW CE ON Tr• ~' MIT PEh FNT FORM OF CONCRE - BARRIER I OTHERS) • TRIAN � I g I E. EIIEN" _ — I_ - -- _ �� V�` UNDERP.. i P ' ACED AEDI ISLMq ' I/ � o • HWY 82 - - - - - - - - - - - - - - - - 1 i - _ _ - _ - ` _� `\` 1111 - LIMIT DF �- m • SNOW UN Ti,. _ N r jl , CEP DISTURBED AREA OF I CRE1L Es -4,419 ► BEGIN LICENSE '^. „ „ ,',-r;=.„-% .44.4=0 `` SE COR.SEC.34'BEARS:: - - - - - �Rl ?�jeey. 1 `\ i L—DRAINAGE CFINNF'CTION ° u — � " ROW ACCESS S71 42 48 E - 1235.14 FUTURE BERM ti�ay IMP: Ki TEN AT OR \ TD EX.SYSTEMS `. E CONTROL AIRPORT ROAD CURVE RIGHT CONCRET BARRIER EXISTING SIDEWALK ARC - 09.62' -- AL RADIUS - 1,860.00' '\14°23'33"E -285.38' .....,` , CHORD = S 30°03'35" E, 09.62' TRAIL 2 RETAINING WALLS END LICENSE A�` E ROW ACCESS CONTROL PARKING LOT GREEN BELT 0 PARKING LOT i a E GREEN N EXISTING RIGHT OF WAY ACQUIRED BELT 0' 4a 60 160' ON PROJECT NH 0821-051 UNIT 1