HomeMy WebLinkAboutbocc.ord.017.2016 CONTRACT#__,_,_35--10/6
(A- e ,ed )
ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO ACCEPTING A TEMPORARY CONSTRUCTION
EASEMENT FROM FORK FRONT BASALT LLC ON EMMA ROAD FOR ACCESS TO THE
ROARING FORK RIVER FOR INSTALLATION OF RECREATIONAL IN-CHANNEL
DIVERSION STRUCTURES
ORDINANCE NO. Ga'? 2016
1. Pitkin County intends to install recreational in-channel diversion structures into the Roaring
Fork River as part of its Pitkin County River Park Project pursuant to the Decree issued in Case No.
2010CW305 on June 12, 2014, Concerning the Application of the Board of County Commissioners
of Pitkin County for Surface Water Right Appropriations for Recreational In-Channel Diversion.
2. The Pitkin County River Park Project includes construction of two (2) recreational in-
channel diversion recreation features, installation of bank stabilization, installation of five (5)
geomorphic structures, and care and control of Roaring Fork River water throughout construction.
3. Fork Front Basalt LLC owns property known as Basalt Commercial Park, Lot J. A
temporary construction easement on the Fork Front Basalt LLC property provides the access and
staging for construction of the Pitkin County River Park Project.
4. Fork Front Basalt LLC will provide a temporary construction easement for the construction
of the Pitkin County River Park Project and Pitkin County will pay Fork Front Basalt LLC a sum of
$500.00 the easement.All construction activities shall be carried out at the County's expense.
5. The terms of the easement agreement are set forth, and the Chair (or Chair's designee) shall
be authorized to execute a Temporary Construction Easement from Fork Front Basalt LLC on
Emma Road for Access to the Roaring Fork River for Installation of Recreational In-Channel
Diversion Structures in its present form or in a substantially similar form approved by the County
Attorney.
6. The Board finds that adoption of this ordinance is necessary for the immediate preservation
of the public health, safety and welfare of the citizens of Pitkin County and therefore declares this
ordinance and legislation to be effective immediately upon adoption.
NOW, THEREFORE, BE IT ORDAINED that the Board of County Commissioners of
Pitkin County hereby approve an Ordinance Accepting a Temporary Construction Easement from
Fork Front Basalt LLC on Emma Road for Access to the Roaring Fork River for Installation of
Recreational In-Channel Diversion Structures and authorize the Chair or Chair's designee to execute
the easement agreement in its present form or in a substantially similar form approved by the
County Attorney.
RECEPTION#: 631422, 08/15/2016 at
02:01:20 PM,
1 OF 10, R $0.00 Doc Code ORDER
1 Janice K. Vos Caudill, Pitkin County, CO
INTRODUCED AND FIRST READ ON THE 1311'DAY OF JULY,2016 AND SET FOR
SECOND READING AND PUBLIC HEARING ON THE 27TH DAY OF JULY 2016.
SECOND READING AND PUBLIC HEARING CONTINUED TO THE 10TH DAY OF AUGUST
2016.
NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE
O INANCE PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE /y ' DAY OF
u( 2016.
NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE ORDINANCE POSTED ON
THE OFFICIAL PITKIN COUNTY WEBSITE(www.pitkincounty.com ) ON THE /9'4" DAY
OF d Vi/ 2016.
ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE 10TH DAY OF
AUGUST 2016.
PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN
TIMES WEEKLY ON THE J DAY OF ((tAri 2016.
POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN COUNTY
WEBSITE (www.pitkincounty.com)ON THE /Stg*DAY OF ���1 2016.
THIS ORDINANCE IS EFFECTIVE ON AUGUST 10, 2016.
ATTEST: BOARD OF COUNTY COMMISSIONERS
BY /./I i./..' /L llliJ By: ii 41W
Jea :tte Jones, Rach= E. Richards, Chai
De. �ty County Clerk
Date: V'/,-'24/6
APPROVED AS TO FORM: MANAGER APPROVAL
__.aidalp
Laura C. Makar, Jon 'eacock, County Manager
Assistant County Attorney
2
ic
4Z/k./
A TEMPORARY EASEMENT FOR CONSTRUCTION ACCESS TO THE ROARING
FORK RIVER FROM BASALT COMMERCIAL PARK LOT J,BASALT FOR THE
PURPOSE OF INSTALLING RECREATIONAL IN-CHANNEL DIVERSION
STRUCTURES
This Temporary Easement Agreement in Pitkin County, Colorado ("Agreement") is made and
entered into this / .14-' day of Jl is t , 2016 by and between Fork Front Basalt
LLC c/o Aaron Ward, 562 Highway 133 Carbondale, CO 81623 ("Fork Front") and the Board of
County Commissioners of Pitkin County, Colorado, 530 E. Main St., Ste. 302, Aspen, CO
81611 (the "County").
RECITALS
A. Fork Front owns real property located in Pitkin County, described as Basalt Commercial
Park Lot J, and more fully described in the attached Exhibit A (the "Subject Property"). The
Subject Property is adjacent to the Pitkin County River Park Project and associated Recreational
In-Channel Diversion construction site.
B. The County is scheduled to install recreational in channel diversion structures into the
Roaring Fork River as part of the Pitkin County River Park Project pursuant to the Decree issued
in Case No. 2010CW305 on June 12, 2014, Concerning the Application of the Board of County
Commissioners of Pitkin County for Surface Water Right Appropriations for Recreational In-
Channel Diversion. The Pitkin County River Park Project includes construction of two (2)
recreational in-channel diversion recreation features, installation of bank stabilization,
installation of five (5) geomorphic structures, and care and control of Roaring Fork River water
throughout construction.
C. The parties wish to execute a temporary construction easement agreement to allow the
County access across and use of the Subject Property for construction of the Pitkin County River
Park Project. A more detailed depiction of the construction easement area is attached hereto as
Exhibit B.
NOW, THEREFORE, in consideration of the foregoing recitals and the covenants contained
herein, and for the sum of Five Hundred Dollars ($500) to be paid by the County to Fork Front,
and such other good and valuable consideration, the sufficiency of which is hereby
acknowledged, Fork Front and the County covenant and agree as follows:
1. Grant of Temporary Construction Easement.
Fork Front, for itself and for its successors and assigns, hereby grants to the County, its
successors and assigns, a temporary, non-exclusive easement (the "Temporary Construction
Easement") on the Subject Property for the purpose of construction of the Pitkin County River
Temporary Construction Easement
Page 12
Park Project (hereinafter, the "River Park Project"). The boundaries of the easement (the
"Construction Easement Area"), and the route of ingress and egress to the River Park Project, are
depicted on the attached Exhibit B.
2. Terms of Temporary Construction Easement.
Temporary Construction Easement provides the County, its agents, representatives and
contractors, with the rights of ingress and egress to and from the area of the River Park Project,
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 River Park Project is completed (no later than September 1, 2017, per the language below).
The County shall also have the right under the Temporary Construction Easement to temporarily
store materials and equipment, and to stage construction activities necessary for the River Park
Project. The Temporary Construction Easement shall commence on the effective date of this
Agreement. The parties anticipate that the Temporary Construction Easement shall be between
August 10, 2016 through April 30, 2017 to perform the River Park Project. The County shall
have the right to extend the temporary easement on a monthly basis from May 1, 2017 until
September 1, 2017 at a monthly cost of$1,500 due to Fork Front by the 5th day of the month.
The County shall give Fork Front 14 days' notice of its intent to invoke this extension provision
and 14 days' notice of its intent to terminate this extension provision, if the extension provision
invoked by the County. Any part or parts of the Subject Property, including the Construction
Easement Area, which are damaged or disturbed during the process of the Work, shall be
restored by the County at the County's expense. All construction activities for the River Park
Project shall be carried out at the County's expense.
3. Restoration.
County shall restore any areas of the Fork Front property disturbed by the use of this temporary
construction easement to the final graded condition shown in Exhibit B with 5 inch minus
screened alluvial material. Pavement shall be restored to conditions existing at the time of
commencement of the River Park Project. Such restoration includes the areas delineated in
Exhibit E. Upon completion of the restoration, County shall provide a survey to Fork Front
which indicates the final grading of the Fork Front property and its relation to flood hazards.
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 Fork Front, the substantially
prevailing party shall be awarded its reasonable costs and attorneys' fees and costs incurred in
connection therewith.
Temporary Construction Easement
Page 13
5. Insurance.
The County agrees that it will promptly add Front Fork 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 Area.
6. Whole Agreement; 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.
9. Notice.
All communications shall be routed to:
Lisa MacDonald
Pitkin County Attorney's Office
530 E Main St., Ste. #302
Aspen, CO 81611
Lisa.MacDonald@pitkincounty.com
Fork Front Basalt LLC
c/o Aaron Ward
562 Highway 133
Carbondale, CO 81623
Award(cvalbridge.com
Temporary Construction Easement
Page 14
DONE THIS 145
-4. DAY OF 111/51/5i 2016:
The Board of County Commissioners of Fork Front Basalt LLC
Pitkin County, Colorado
.....‹.-------1:11 ..0
Rach 1E. Richards, Cham f Aaron A"
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
11I
1
The above instrument is acknowledged before me thi day of 11 L ►,, 2016, by Rachel
E. Richards.
Witness my hand and seal.
My commission expires: `* R47013
1
LISA MACDONALD N.NOTARY PUBLIC ` it.
STATE OF COLORADO !►� 1 1
No r4o=V in# 19924015259 ! � �,
MY CCM:: I ":ES NOVEMBER 18,2018
Not.! Public
STATE OF COLORADO )
Temporary Construction Easement
Page 1 5
� ) ss.
COUNTY OF C7Gt��21 )
The above instrument is acknowledged before me this5riday of / 2016, by Aaron
Ward.
Witness my hand and seal. MISHEEL CHULUUN
Notary Public
�,✓ State of Colorado
My commission expires: Notary 10 20154038113
My Commission Ex,ires Se, 25,2019
otary Public
EXHIBIT A
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LEND AND NOTES
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ti (SEE DETAIL, r t,: S% INCLUDING SHEET PILE DAM, PIPE TRENCH AND I—
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CONTRACT#
A TEMPORARY EASEMENT FOR CONSTRUCTION ACCESS TO THE ROARING
FORK RIVER FROM BASALT COMMERCIAL PARK LOT J,BASALT FOR THE
PURPOSE OF INSTALLING RECREATIONAL IN-CHANNEL DIVERSION
STRUCTURES
This Temporary Easement Agreement in Pitkin County, Colorado ("Agreement") is made and
entered into this / 14'' day of 1#6 t , 2016 by and between Fork Front Basalt
LLC c/o Aaron Ward, 562 Highway 133 Carbondale, CO 81623 ("Fork Front") and the Board of
County Commissioners of Pitkin County, Colorado, 530 E. Main St., Ste. 302, Aspen, CO
81611 (the"County").
RECITALS
A. Fork Front owns real property located in Pitkin County, described as Basalt Commercial
Park Lot J, and more fully described in the attached Exhibit A (the "Subject Property"). The
Subject Property is adjacent to the Pitkin County River Park Project and associated Recreational
In-Channel Diversion construction site.
B. The County is scheduled to install recreational in channel diversion structures into the
Roaring Fork River as part of the Pitkin County River Park Project pursuant to the Decree issued
in Case No. 2010CW305 on June 12, 2014, Concerning the Application of the Board of County
Commissioners of Pitkin County for Surface Water Right Appropriations for Recreational In-
Channel Diversion. The Pitkin County River Park Project includes construction of two (2)
recreational in-channel diversion recreation features, installation of bank stabilization,
installation of five (5) geomorphic structures, and care and control of Roaring Fork River water
throughout construction.
C. The parties wish to execute a temporary construction easement agreement to allow the
County access across and use of the Subject Property for construction of the Pitkin County River
Park Project. A more detailed depiction of the construction easement area is attached hereto as
Exhibit B.
NOW, THEREFORE, in consideration of the foregoing recitals and the covenants contained
herein, and for the sum of Five Hundred Dollars ($500) to be paid by the County to Fork Front,
and such other good and valuable consideration, the sufficiency of which is hereby
acknowledged, Fork Front and the County covenant and agree as follows:
1. Grant of Temporary Construction Easement.
Fork Front, for itself and for its successors and assigns, hereby grants to the County, its
successors and assigns, a temporary, non-exclusive easement (the "Temporary Construction
Easement") on the Subject Property for the purpose of construction of the Pitkin County River
RECEPTION#: 631423, 08/15/2016 at
02:01:21 PM,
1 OF 8, R $0.00 Doc Code EASEMENT
Janice K.Vos Caudill, Pitkin County, CO
Temporary Construction Easement
Page I2
Park Project (hereinafter, the "River Park Project"). The boundaries of the easement (the
"Construction Easement Area"), and the route of ingress and egress to the River Park Project, are
depicted on the attached Exhibit B.
2. Terms of Temporary Construction Easement.
Temporary Construction Easement provides the County, its agents, representatives and
contractors, with the rights of ingress and egress to and from the area of the River Park Project,
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 River Park Project is completed (no later than September 1, 2017, per the language below).
The County shall also have the right under the Temporary Construction Easement to temporarily
store materials and equipment, and to stage construction activities necessary for the River Park
Project. The Temporary Construction Easement shall commence on the effective date of this
Agreement. The parties anticipate that the Temporary Construction Easement shall be between
August 10, 2016 through April 30, 2017 to perform the River Park Project. The County shall
have the right to extend the temporary easement on a monthly basis from May 1, 2017 until
September 1, 2017 at a monthly cost of$1,500 due to Fork Front by the 5th day of the month.
The County shall give Fork Front 14 days' notice of its intent to invoke this extension provision
and 14 days' notice of its intent to terminate this extension provision, if the extension provision
invoked by the County. Any part or parts of the Subject Property, including the Construction
Easement Area, which are damaged or disturbed during the process of the Work, shall be
restored by the County at the County's expense. All construction activities for the River Park
Project shall be carried out at the County's expense.
3. Restoration.
County shall restore any areas of the Fork Front property disturbed by the use of this temporary
construction easement to the final graded condition shown in Exhibit B with 5 inch minus
screened alluvial material. Pavement shall be restored to conditions existing at the time of
commencement of the River Park Project. Such restoration includes the areas delineated in
Exhibit B. Upon completion of the restoration, County shall provide a survey to Fork Front
which indicates the final grading of the Fork Front property and its relation to flood hazards.
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 Fork Front, the substantially
prevailing party shall be awarded its reasonable costs and attorneys' fees and costs incurred in
connection therewith.
Temporary Construction Easement
Page 13
5. Insurance.
The County agrees that it will promptly add Front Fork 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 Area.
6. Whole Agreement; 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.
9. Notice.
All communications shall be routed to:
Lisa MacDonald
Pitkin County Attorney's Office
530 E Main St., Ste. #302
Aspen, CO 81611
Lisa.MacDonald@pitkincounty.com
Fork Front Basalt LLC
c/o Aaron Ward
562 Highway 133
Carbondale, CO 81623
Awardavalbridge.com
Temporary Construction Easement
Page 14
DONE THIS /'S DAY OF Al/y6i 2016:
The Board of County Commissioners of Fork Front Basalt LLC
Pitkin County, Colorado
RachEE. Richards, Chai Aaron f
STATE OF COLORADO )
)ss.
COUNTY OF PITKIN )
kI
,
The above instrument is acknowledged before me thi day of I\L. .., 2016, by Rachel
5:kl%
E. Richards.
Witness my hand and seal.
My commission expires: \� Riav
LISA MACDONALD `
NOTARY PUBLIC
STATE OF COLORADO 1 ' 1 FAI
NO'is'<•; In# 19924015259 i!i1
Llipd
M:.;.;:.;, t ':E.NOVEMBER 18,2018
Not.! Publics
STATE OF COLORADO )
Temporary Construction Easement
Page 15
ec/ )ss.
COUNTY OF �7�� /
The above instrument is acknowledged before me this3r day of, / 2016, by Aaron
Ward.
Witness my hand and seal. MISHEEL CHULUUN
Notary Public
State of Colorado
My commission expires: �Ie!7 o�� Notary ID 20154038113
M Commission Ex•fres Se 25, 2019
otary Public
EXHIBIT A
1 0
LEGEND AND NOTES
• SURVEY CONTROL
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.. 0014
'�, 'B., 1. CONTRACTOR RESPONSIBLE FOR DESIGN, �� ^ae. Fe
's y IMPLEMENTATION AND MAINTENANCE OF THE CARE
j am @k TURBIDITY CURTAIN OF WATER SYSTEM. DETAILS INCLUDED IN THIS
4 1/2016
-y, (SEE DETAIL, PLAN SET ARE FOR PLANNING AND COST ° e
SHEET D1) ;;F' ESTIMATING PURPOSES ONLY. � o� bx�?,
OIL BOOM t
(SEE DETAIL, b 2. FOOTPRINT OF THE CARE OF WATER SYSTEM,
SHEET D1) • >" •
• INCLUDING SHEET PILE DAM, PIPE TRENCH AND I-
�' \ �`: �� PIPE OUTFALL SHALL BE RESTORED TO 0
PIP EXISTING PRE-CONSTRUCTION GRADE AND CONDITION W Z
UNLESS AS OTHERWISE INDICATED IN THESE C3 Q
TREES �;. (SLE UET
`fi SHEET D1) \' PLANS. J
BYPASS PIPE n-
3. ALL TEMPORARY PIPES SHALL BE CORRUGATED
OUTLET DEWATERING PUT E
(SEE DETAIL, SHEET CW05) AND FILTER METAL OR DUAL WALLED HDPE PIPE. Z
(SEE NOTE 6, THIS SHEET) �•• (SEE DETAIL, SHEET 4. ENGINEER TO MARK AND CONTRACTOR TO U 11-1
• AND SPECS FOR \ ,� MAINTAIN LIMITS OF DISTURBANCE IN FIELD. Q
ACCESS ROAD #2 PIP EXISTING INFORMATION) •
TREES �'•, `' 5. HARVEST ALL STAKES AND POLES WITHIN LIMITS Z
• (SEE DETAILS, SHEET CW04) ..
� OF DISTURBANCE AND REUSE DURING () 0
`* POST-CONSTRUCTION RESTORATION.
DRAINAGE ( 0
`'INLET PROTECTION '' \ - 6. CONTRACTOR TO MONITOR BYPASS OUTFALL FOR i W
Tri k EROSION AND MATERIAL REPAIRS ADD MATERIAL > W
+4 F. _ c� g AS REQUIRED. COORDINATE WITH ENGINEER ON —
" , ANY MODIFICATION TO THE OUTFALL DESIGN.
_
s SPILL CLEAN li A 'T a W
STAGING AREA KIT " V 0 Z
a.
& FUELING AREA 6 rx ��` �� %` Z
m"
2 RELOCATE
#>S, EXISTING i Z
' LARGE WOODY - .0,", <%
DEBRIS
LIMITS OF \ 6 065.0+/u 0o0r 01
DISTURBtii _
�� (TYP.) 11111, _ 1 •
/110111
Q sl'300,�.ew.�. ensue
-
.4
LOT J � OIL BOOM , Coonr�
PIP EXISTING ` DETAIL, cam—
CONSTRUCTION ^4 TREES ALONG RIVER & (SEE —�
EASEMENT AREA r<{ NFFT D
Pm"co q
Co0ux Pbss
TURBIDITI' CURTAIN IEMFURARY
ACCESS ROAD #1 STAGING ACCESS RAMP
SPILL CLEAN (SEE DETAIL,
•
(SEE DETAIL, SHEET CW04) AREA UP KIT •
SHEET D1)' • 3� I
•
s STAGING AREA GRADING TEMPORARY 2 X 60" CMP ,� P.O.Box
240
r
<(APPROX 250 CY) Q BYPASS PIPE SHEET PILE .� Carbondale,coe er.,
ENGINEER TO PROVIDE (SEE DETAILS, SHEET CW03)• COFFER DAM \
DIGITAL TERRAIN MODEL. (SEE SHEET CW02)
COUNTY
PROJECT LIMITS ` wi"" a.*.rortwn e "M Raerol
`.{" - Nye', Ron rg Park b.r..
�4'` i• Bctlt,C08,521
j
• CARE OF WATER-FISHERMAN'S PARK .rtbn Gouty RIM
CARE OF WATER-MAIN SITE 1 I MAY 12oic CWO I
8 I". I'-30'
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