HomeMy WebLinkAboutbocc.ord.015.2017 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY, COLORADO, AUTHORIZING THE SETTLEMENT OF LITIGATION
CONCERNING SNOWMASS CREEK ROAD AND RECOGNIZING AN EASEMENT
FOR TAIL WATER
ORDINANCE NO. CIL -2017
RECITALS:
I. Pursuant to 30-35-301 C.R.S , the Board of County Commissioners ("BOCC")of Home
Rule Counties is authorized to make and publish ordinances for carrying into effect or
discharging the powers and duties conferred upon such counties by law and as seenic
necessary
2. Pursuant to Section 2.8.1 of the Home Rule Charter("IIRC"), the BOCC is authorized to
take official action by Ordinance for certain matters where action is prescribed pursuant
to the Colorado Revised Statues as amended.
3. The BOCC and David B, Brothers, Marshall A. Brothers. Bennett Bramson, arid 0876
Snowmass Creek, LLC(collectively herein"Brothers") and the Stewart No 1 Ditch
Company("Stewart") are currently engaged in litigation concerning the Snowmass Creek
Road
4. The BOCC, Brothers,and Stewart have reached agreement in principle on a settlement of
the litigation that will provide for,among other things, ditch and tail ditch improvements
to prevent damage to Snowmass Creek Road
5. The settlement calls for the BOCC to recognize an easement for tail water from Brothers
and Stewart's irrigation practices to flow from 876 Snowmass Creek Road at a location
agreed to by the BOCC. Brothers,and Stewart into the borrow ditch along Snowmass
Creek Road as it makes its way back to Snowmass Creek.
6 This Ordinance provides authority to recognize the easement and for the Board Chair (or
C'hair's designee) to execute a Settlement Agreement,and other documents that may be
necessary to finalize the settlement.
7. The BOCC. Brothels, and Stewart have agreed to the terms and conditions of a
Settlement Agreement m a form substantially approved by the County Attorney.
8. The BOCC finds that adoption of this ordinance is in the best interest of the citizens of
Pitkin County and is necessary for the immediate preservation of the public health, safety
and welfare of the citizens of Pitkin County.
NOW,THEREFORE,BE IT ORDAINED by the Board of County Commissioners of
Pitkin County, Colorado that it hereby adopts an Ordinance Authonnng the Settlement of
Litigation concerning Snowmass Creek Road and Recognizing an Easement for'fail Water and
authorizes the Chair (or Chair's designee I to sign .r Settlement Agreement upon the satisfaction
of the County Attorney as to form as well as to execute any other associated documents
necessary to complete this matter.
INTRODUCED, READ AND ADOPTED ON THE 12th DAY OF .April 2017 AND SET FOR
PUBLIC HEARING ON THE 26th DAY OF April 2017.
NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE
ORWNANCE PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE j_364.- DAY OF
Fr
Il _ 2017_
NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE ORDINANCE POSTED
ON THE OFFICIAI. 1TKIN COUNTY WEBSITE w ww.pitkincounty cion ON THEAM` DAY OF_ Hp rt 1 2017. ,,II
ADOPTED Al'A PUBLIC HEARING ON THE DAY OF 4,)ri. _2017
PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER A PUBLIC HEARING, IN THE
ASPEN TIMES WEEKLY ON THE 1 "^' DAY OF �}'I cs,�=_2017.
POSTED BY TITLE AND SHORT SUMMARY9N THE OFFI TIAL PITKIN COUNTY
WEBSITE www.pitkincounty.eom ON THE 1Cr DAY OF ri 1 2017.
THIS ORDINANCE IS EFFECTIVE ON APRIL 26,2017. —777
AFT .$T. BOARD OF COUNTY COMMISSIONERS
By � _ By. Jt Qt 012/2"--e" �cai
Jeane Jones George Newman. Chair
Depli County Clerk
Date- 0`ff7 '
APPROVED AS TO FORM' MANAGER APPROVAL
ems `
takar. Assistant County Attorney Jon Peacock, ;tiny Manager