HomeMy WebLinkAboutbocc.con.083.20 Contract No. 083-2020 Attached
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY, COLORADO,AUTHORIZING A BOUNDARY AGREEMENT WITH THE
COLORADO DEPARTMENT OF TRANSPORTATION
ORDINANCE NO. -2019
RECITALS:
WHEREAS, 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 seems necessary.
WHEREAS, Pursuant to Section 2.81 of the Home Rule Charter, 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.
WHEREAS, Board of County Commissioners Resolution No. 57-1977 authorized Pitkin County to
purchase the North Star Preserve and this acquisition was finalized by the recording of a deed in 1979.
WHEREAS, pursuant to the Board of County Commissioners Ordinance No. 024-2001, Pitkin
County and the City of Aspen acquired the Joy Smith North Star Parcel aka James H. Smith North
Star Parcel and the deed was recorded in 2001.
WHEREAS, surveyors have recently determined that the legal boundaries on the deeds for both the
North Star Preserve and the James H. Smith North Star encroach onto State Highway 82,which had
been there since the nineteen fifties.
WHEREAS, the State Highway Right of Way had vested in its location along the edge of the North
Star Preserve and the James H. Smith Nature Preserve prior to the acquisition of those properties by
the County and the City.
WHEREAS, the Colorado Department of Transportation has proposed a Boundary Agreement by
which the County, the City, and the State would recognize the actual property boundaries.
WHEREAS, the BOCC 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.
WHEREAS, the Chair or Chair's designee shall be authorized to sign the documents necessary to
complete this transaction in substantially that form approved by the County Attorney.
NOW THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Pitkin
County, Colorado that it hereby adopts an Ordinance Authorizing a Boundary Agreement with
the Colorado Department of Transportation and authorizes the Chair or the Chair's designee to
sign the Ordinance and upon the satisfaction of the County Attorney as to form, execute any
other associated documents necessary to complete this matter. Further, that the Chair or the
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RECEPTION#:663353,R:$0.00,D: $0.00
DOC CODE: ORDINANCE
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Janice K.Vos Caudill,Pitkin County,CO
Chair's designee shall be authorized to execute the Boundary Agreement upon approval of the
form by the County Attorney.
INTRODUCED AND FIRST READ ON THE 24rd DAY OF JULY, 2019 AND SET FOR
SECOND READING AND PUBLIC HEARING ON THE 14TH DAY OF AUGUST, 2019.
NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE
ORD ANCE PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE l.e;I DAY
OF ,_�, ( , 2019.
J
NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE ORDINANCE POSTED
ON THE O FICIAL PITKIN COUNTY WEBSITE (www.pitkincountv.com ) ON THE F-fJ
DAY OF �._i �, 2019.
ADr PTSD AFTER FINAL READING AND PUBLIC HEARING ON THE £`' DAY OF
Vc G� 2019.
U
PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN
TIMES WEEKLY ON THE g DAY OF ,i,v� f 2019.
. 0
POSTED BY TITLE AND SHORT SUMMARY ON THE OFFI IAL PITKIN COUNTY
WEBSITE (www.uitkincountv.com) ON THE,{• DAY OF � v f, 2019.
_ Q
ATT: BOARD OF COUNTY COMMISSIONERS
\ �y --
Cr; r
By,J i BY:
Jeanefjejoncs Qrr Adman, Chair
Depu� County Clerk 9���j�
., Date:
APPROVED-AS TO FORM: MANAGER APPROVAL
�E„ r hty Attorney Jori Peacock, County Ma"ger
Gary Tennenbaum,
Director Open Space&Trails
2
BOUNDARY AGREEMENT
This Boundary Agreement("Agreement") is made this�day of � , 20A
by and between THE STATE OF COLORADO, FOR THE USE AND BENEFIT OF THE
DEPARTMENT OF TRANSPORTATION, hereinafter referred to as"CDOT", and THE
BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, a Home
Rule County, hereinafter referred to as "Pitkin County".
WHEREAS, Pitkin County is the owner of certain real property located in Sections 17
and 20, Township 10 South, Range 84 West of the 6t'Principal Meridian in Pitkin County,
Colorado, as more particularly described by certain instrument(s)recorded in the office of the
Pitkin County Clerk and Recorder under Book 359 Page 377 ("Pitkin County Property"); and
WHEREAS, CDOT owns,maintains and controls State Highway 82 and its associated
right-of-way ("CDOT Right-of-Way) located adjacent to the Pitkin County Property; and
WHEREAS, Pitkin County and CDOT have determined that certain ambiguities exist
concerning the exact locations of the boundaries common to the Pitkin County Property and the
State Highway 82 Right-of-Way; and
WHEREAS, pursuant to §38-44-112, C.R.S., Pitkin County and CDOT may enter into
written agreements concerning the establishment of common boundaries in accordance with the
provisions described therein; and
WHEREAS,by this Agreem,-nt, Pitkin County and CDOT wish to specifically determine
and establish the locations of the boundaries common to the Pitkin County Property and the
CDOT Right-of-Way.
NOW, THEREFORE, in con sideration of the mutual covenants contained herein and
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, Pitkin County and COOT hereby agree as follows:
1. This Agreement is made voluntarily by the parties pursuant to Section 38-44-112,
C.R.S., as amended, as affecting the boundaries common to each party's real property interests.
2. The parties agree that,notwithstanding any prior deeds, agreements,real property
conveyance instruments, plats, maps and/or surveys to the contrary, the true and accurate
locations of the boundaries common to the Pitkin County Property and the CDOT Right-of-Way
are as legally described and depicted on Exhibit A attached hereto and incorporated herein by
reference.
3. Pitkin County hereby conveys and quitclaims to CDOT those portions of the
Pitkin County Property which are in conflict with the boundaries as established by Exhibit A,
free and clear of all taxes, leases, easements, tenancies and liens. Prior to the execution hereof,
Pitkin County shall obtain any and all releases, extinguishments, acceptances and consents as
may be required to deliver free and clear title to CDOT.
4. The parties agree that CDOT will retain the right to control access to and from the
CDOT Right-of-Way to the Pitkin County Property in accordance with the Colorado State
Highway Access Code as either now in effect or hereinafter amended.
5. Pitkin County agrees to, at no cost or expense to CDOT, engage the services of a
Colorado licensed Professional Land Surveyor to set monuments at required intervals and angle
points along the boundaries common to the Pitkin County property and the CDOT Right-of-Way
in compliance with the procedures set forth in Chapter 2 of the CDOT Right of Way Manual.
6. CDOT agrees to furnish, at no cost or expense to Pitkin County, the monuments
to be set pursuant to Paragraph 6 above.
7. CDOT agrees to, at no cost or expense to Pitkin County,record this Agreement in
the real estate records in the office of the Pitkin County Clerk and Recorder and shall deliver to
Pitkin County a copy of this Agreement with the recording information affixed thereto.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and
year first above written.
THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
DEPARTMENT OF TRANSPORTATION
STATE OF COLORADO
By:
Michael Goolsby
Region 3 Transportation Director
State of Colorado )
)ss.
County of Pitkin )
The fo egoing i ment was acknowledged before me this day of ��)Ot-t , 20`V
by �/''Lc, D6 L�.i co, as�u-i-' on behalf of the Board of
County CoMmissioners of Pitkin County, Colorado.
Witness my hand and official seal.
My commission expires:
Notary PAblic
JEANETTENOTARY PUBUC
OF COP V;
State of Colorado )
)ss.
County of Mesa )
I
The foregoing instrument was acknowledged before me this A day of J-�' bit,( 20�
b Michael Goolsbyas Director of Transportation Region 3 of the Department of Tranrtation
State of Colorado.
Witness my hand and officl' 1 al. l ,1
My commission expires:
Notary Pu
KIMBERLY KAY WOOD
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 19944013977
MY COMMISSION EMRES NOVE6W 13.2022
Contract No. 083-2020
BOUNDARY AGREEMENT
This BoundaryAgreement("Agreement") is made this "' da of 0"L , 20AO
g ( g ) �— Y
by and between THE STATE OF COLORADO, FOR THE USE AND BENEFIT OF THE
DEPARTMENT OF TRANSPORTATION, hereinafter referred to as "CDOT", and THE
BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, a Home
Rule County,hereinafter referred to as"Pitkin County".
WHEREAS, Pitkin County is the owner of certain real property located in Sections 17
and 20, Township 10 South, Range 84 West of the 6a'Principal Meridian in Pitkin County,
Colorado, as more particularly described by certain instrument(s)recorded in the office of the
Pitkin County Clerk and Recorder under Book 359 Page 377 ("Pitkin County Property"); and
WHEREAS, CDOT owns,maintains and controls State Highway 82 and its associated
right-of-way("CDOT Right-of-Way) located adjacent to the Pitkin County Property; and
WHEREAS, Pitkin County and CDOT have determined that certain ambiguities exist
concerning the exact locations of the boundaries common to the Pitkin County Property and the
State Highway 82 Right-of-Way; and
WHEREAS,pursuant to §38-44-112, C.R.S., Pitkin County and CDOT may enter into
written agreements concerning the establishment of common boundaries in accordance with the
provisions described therein; and
WHEREAS,by this Agreement, Pitkin County and CDOT wish to specifically determine
and establish the locations of the boundaries common to the Pitkin County Property and the
CDOT Right-of-Way.
NOW, THEREFORE, in consideration of the mutual covenants contained herein and
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, Pitkin County and CDOT hereby agree as follows:
1. This Agreement is made voluntarily by the parties pursuant to Section 38-44-112,
C.R.S., as amended, as affecting the boundaries common to each party's real property interests.
2. The parties agree that, notwithstanding any prior deeds, agreements,real property
conveyance instruments, plats,maps and/or surveys to the contrary, the true and accurate
locations of the boundaries common to the Pitkin County Property and the CDOT Right-of-Way
are as legally described and depicted on Exhibit A attached hereto and incorporated herein by
reference.
3. Pitkin County hereby conveys and quitclaims to CDOT those portions of the
Pitkin County Property which are in conflict with the boundaries as established by Exhibit A,
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RECEPTION#: 663354, R: $0.00, D: $0.00
DOC CODE: AGREEMENT
Pg 1 of 5,03/10/2020 at 12:17:10 PM
Janice K.Vos Caudill, Pitkin County, CO
free and clear of all taxes, leases, easements, tenancies and liens. Prior to the execution hereof,
Pitkin County shall obtain any and all releases, extinguishments, acceptances and consents as
may be required to deliver free and clear title to CDOT.
4. The parties agree that CDOT will retain the right to control access to and from the
CDOT Right-of-Way to the Pitkin County Property in accordance with the Colorado State
Highway Access Code as either now in effect or hereinafter amended.
5. Pitkin County agrees to, at no cost or expense to CDOT, engage the services of a
Colorado licensed Professional Land Surveyor to set monuments at required intervals and angle
points along the boundaries common to the Pitkin County property and the CDOT Right-of-Way
in compliance with the procedures set forth in Chapter 2 of the CDOT Right of Way Manual.
6. CDOT agrees to furnish, at no cost or expense to Pitkin County,the monuments
to be set pursuant to Paragraph 6 above.
7. CDOT agrees to, at no cost or expense to Pitkin County,record this Agreement in
the real estate records in the office of the Pitkin County Clerk and Recorder and shall deliver to
Pitkin County a copy of this Agreement with the recording information affixed thereto.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and
year first above written.
THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
By: %
DEPARTMENT OF TRANSPORTATION
STATE OF COLORADO
By: l_.J
Michael Goolsby
Region 3 Transportation Director
State of Colorado )
)ss.
County of Pitkin )
The fo egomg i rument was acknowledged befor me this 3��
day of M04d, , 20 Q
by rer' D5 t�ff cvi, as_ �c,v on behalf of the Board of
County CoMmissioners of Pitkin County, Colorado.
Witness my hand and official seal. / )
My commission expires: ��I�/
Notary P he
JEAhlETTE JONES
I NOTARY PUBLUC J
13TXX=OF
State of Colorado )
)ss.
County of Mesa )
1
The foregoing instrument was acknowledged before me this �� day of �",Ghl'l,(w , 20�_
by Michael Goolsby as Director of Transportation Region 3 of the Department of Transportation,
State of Colorado.
Witness my hand and offic}' 1 a221.
My commission expires: / ..J
Wotary Pubjtj�
KAY WOOD
NARY PUBLIC
STATE OF COLORADO
NO
ID 19944013977
FKIMOBfflLy
MMSSION EXPIRES NOVEMBER 13,2022
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