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AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO, AUTHORIZING VACATION AND CONVEYANCE OF A
NON-EXCLUSIVE EASEMENT ACROSS MOLLIE GIBSON pARK FOR PURPOSES OF
ACCESS AND LANDSCAPING
Ordinance No.(~t~J-2004
.Recitals
Alain Degraeve ("Applicant") has initiated the procedure under the Pitkin Couuty Land
Use Code for the vacation of a perpetual, non-exclusive access easement, and the
conveyance of a new perpetual, non-exclusive access easement across Mollie Gibson
Park.
The Applicant owns Lot 2, Aspen Electric Subdivision and Lot 5, Sunny Park North
Subdivision. Access to both lots is attained via a driveway from Smuggler Road across
the Pitkin County owned Mollie Gibson Park. The Applicant re-aligned the existing
access outside the existing easement across Mollie Gibson Park, and is requesting to
match the new access with a new easement.
The perpetual, non-exclusive access easement to be vacated is 20 feet wide mad is
described as 10 feet on either side of the Salvation Ditch centerline, recorded in Book
702, Page 757. The proposed easement is approximatel~f 5 to I 0 feet to the east of the
existing easement, mad iucludes 5 foot on either side for a landscape easement, in
addition to the 20 foot access easement.
The easement to be conveyed is described as attachment "A".
This road vacation application is governed by the standards set forth in Pitkin County
Land Use Code § 3-200-070 C.
The Pitkin County Planning and Zoning Commission reviewed the application on
November 11, 2004 and recommended approval.
The BOCC finds that the proposal complies with the applicable criteria set forth in the
Pitkin County Land Use Code.
8. This vacation shall not leave any land adjoining the roads without an established public
road or private-access easement connecting said land with another established road.
NOW THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Pitkin
Connty, Colorado that:
1. The Board of County Commissioners does hereby vacate the 20 foot wide perpetual, non-
exclusive access easement across Mollie Gibson Park (recorded at Book 702, Page 757), and
conveys a new 20 foot wide perpetual, non-exclusive access easement to the east and a 5 foot
easement on either side for landscaping.
Page2 Page: 2 of 3
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$ILVIA D~VIS PITKIN COUNTY CO R 0.00 O 0.00
2. ~Vithiu 60 days of this approval, tbe Applicant shall submit for approval and recordation an
amended plat and easement document.
Prior to recordation, the Applicant shall submit for approval a revocable Work in the Right-
of Way Permit to the County Engineer for all activities and structures located outside of the
easement.
INTRODUCED, FIRST READ, AND PUBLIC HEARING ON THE 14TM DAY OF
JANUARY, 2004.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE WEEKEND EDITION OF THI~
_ASPEN TIMES ON 3ra DAY OF JANUARY, 20042
APPROVED AND ADOPTED AFTER SECOND READING on the 28th day of January,
2004.
PUBLISHED AFTER ADOPTION IN ,THE ASPEN TIMES on the .] ~-{~ day of ~
2004. __ ~
This Ordinance shall become effective thirty (30) days after publication following final
adoption by the Board.
ATTEST:
APPROVED AS TO FORM:
John E~j.y...-~-
Pj~l~rC~unty Attorney
Pl13-03
273707401417
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
Dorothea Farris ' '-
Chair
Date: ~ -/~ - d~ 5-/
Cindy Houben
Community Development Director
Attachment "A"
494499
Page: 3 o~? 3
02/~3/20e4 12:22P
[~ 0.00
A strip of land 20 feet wide situated in Section 7, Township 10 South, Range
84 West of the Sixth Principal Meridian, County of Pitkin, State of
Colorado. lying 10 feet on sach side of the following described centerline:
Beginning at a point whence the Northwest Corner of Lot 7, Sunny Park North
,Plat Book 20 at Page 2 ~ bears S 42E 29'E 10.00 feet:
Thence N 27E02'41 "E 53.26 feet:
Thence N 30E20'58"E 35.65 feet:
Thence N 26E43'04"E 39.24 feet;
Thence N 22E41 '32"E 20.41 feet;
Thence N 17E23'25"E 19.81 feet;
Thence N 1 IE55'23"E 24.46 feet;
Thence N 16E51'36"E I1.96 feet:
Thence N 24E30'00"E 95.64 feet more or less to the point of termination at
the intersection of Smuggler Mountain Road.