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Home My WebLink Aboutbocc.res.047.2006 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, APPROVING THE OPEN SPACE AND TRAILS MINOR AMENDMENT TO A DEVELOPMENT PERMIT TO ALLOW FOR A HARD SURFACE ON THE RIO GRANDE TRAIL FROM EMMA TO THE WINGO JUNCTION AREA Resolution No.cift-2006 RECITALS 1. Pitkin County Open Space and Trails (OS&T) ("Applicant") has applied to the Pitkin County Board of County Commissioners ("BOCC") for a Minor Amendment approval to enlarge the approved Rio Grande Trail area from 12 feet to 14 feet, and to allow the portion of the Trail area from Emma to the connection ofthe Basalt Old Snowmass Trail in the Wingo Junction area to be a shared hard (asphalt/concrete) surface with an adjacent soft surface (crusher fines/natural material). Specifically, the Applicant is requesting to maintain a 4-8 foot portion of the trail as a maintained soft surface, and to create a hard surface for the remaining 8-10 feet. 2. The area is zoned AFR-l 0, and the subject section of the Trail is approximately 4 miles in length. 3. The Trail received 1041 Hazard Review approval pursuant to Hearing Officer Determination Nos. 15-2000 and 14-2001, and Minor Amendment approval pursuant to BOCC Resolution No. 176-2000. 4. The BOCC heard this application at a public hearing on April 26, 2006, at which time evidence and testimony were presented with respect to this application. S. The BOCC has determined that the proposed use meets the criteria established in Sections 3- 200-080 of the Land Use Code, and therefore found the proposal to be appropriate. NOW, THEREFORE, BE IT RESOLVED by the BOCC that it does hereby grant approval of the Open Space and Trails Minor Amendment of a Development Permit to increase the width of the Trail area to allow for a hard surface for a portion of the Rio Grande Trail subject to the following conditions, which shall run with the land and be binding on all successors in interest: I. The Applicant shall adhere to all conditions and material representations made in the application and public meetings except as amended herein. 2. The Applicant shall comply with the provisions of Hearing Officer Determination 14-200 I, unless otherwise replaced or amended by the conditions of this approval. 3. Condition No.3 of Hearing Officer Determination No. 15-2000 shall be amended to read: "The trail surface shall be limited to soft surface and natural materials approved by The Pitkin County Engineer, except on the portion of trail that extends from Old Snowmass to the Lower Woody Creek Bridge, and the trail areafrom Emma to the connection of the Basalt Old Snowmass Trail, where an asphalt or hard surface shaH be permitted." 4. Condition NO.4 of Hearing Officer Determination No. 15-2000 shall be amended to read: "The width of the trail shaJ I not exceed 16 feet at any point, with a minimum of 4 feet of maintained soft surface, and a maximum of 1 0 feet of hard surface." 1111111111111111111111111111111111111 ~;~~~:~1 ~2: 081 J~NICE K VOS C~UOILL PITKIN COUNTY CO R 0.00 0 0.00 Bacc Resolution No.O'1 '1-2006 Page 2 5. Condition No.5 of Hearing Officer Determination No. 14-2001 shall be amended to read: "The trail surface shall be a soft natural material surface and a hard surface." 6. Condition No.6 of Hearing Officer Determination No. 14-2001 shall be amended to read: "The width of the trail shall not exceed 16 feet at any point, with a minimum of 4 feet of maintained soft surface, and a maximum of 10 feet of hard surface." 7 . Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use Code, 94-140 and C.R.S., 9 24-68-105. The statutory vested rights granted herein shall expire on April 26, 2009. APPROVED ON THE 26TH DAY OF APRIL 2006. PUBLISHED AFTER ADOPTIO!'l FOR W:STED REAL PROPERTY RIGHTS in the Aspen Times Week Iv on the Gtf,....day Of~, 2006. Mick Ireland, Chair r Date: C,tCJ -06 APPROVED AS TO FORM: ----~ ~ .-...- APPROVED AS TO CONTENT: ~^teC~~ b (f\ i oy Houben, Community Development Director Case #PI21-06 PID# 246707 1111111111111111 111111 ~;~~~:~1 ~2: 081 JANICE K VOS C~UOILL PITKIN COUNTY CO R 0.00 D 0.00 . I RECORDING REQUESTED BY: WHEN RECORDED RETURN TO: Chris LaCroix Garfield & Hecht, P.c. 601 East Hyman Avenue Aspen, CO 81611 1111\\ II \ 1111111111 \ III \\111\ ~;~~~:~~ ~2:111 J~NICE K vos C~UOILL PITKIN COUNTY CO R 0.00 0 0.00 AMENDMENT TO GRANT OF EASEMENT ,eL This Amendment to Grant of Easement (this "Amendment") is made this~ day of July 2006 between BARRY S. FRIEDBERG ("Friedberg"), whose address is 142 E. Reds Road, Aspen, Colorado 81611 and PITKIN COUNTY, COLORADO (the "Countv"). Fliedberg and the County are collectively referred to herein as the "Parties" and individually as a "Party". REClT ALS A. Friedberg is the owner of certain real property in Pitkin County, Colorado legally described as: Lot 2, Block I, Red Mountain Ranch Subdivision, according to the Plat thereof recorded December 15,1966 in Plat Book 3 at Page 114 (the "Propertv"). B. The County is the beneficiary of that certain Grant of Easement dated September 8, 1981 recorded in the office of the Clerk and Recorder of Pitkin County, Colorado on November 3, 1981 in Book 416 at Page 831 (the "Grant of Easement"). C. The Grant of Easement provides for a perpetual easement over, under, along, across and through a pOliion of the Property more particularly described in the Grant of Easement as being "adjacent to the County road" for "public access, together with the lights to install, construct, reconstruct, excavate for, repair, replace and maintain a roadway, and appurtenances, drainage ditches and facilities, and overhead and underground public Plivate utilities" (the "Easement"). D. The legal description of the Easement in the Grant of Easement is incorrect insofar as it refers to the "Northwesterly" comer of the Property as the point of beginning (which results in the Easement not being adjacent to any County road), and it should have referred to the "Southwesterly" comer of the Property as the point of beginning (which would result in the Easement being adjacent to a County road). E. Friedberg and the County desire by this Amendment to amend the Grant of Easement to correct the location of the Easement and to make certain other amendments to the Grant of Easement as set forth in this Amendment. AGREEMENT NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. Relocation of Easement. The description of the location of the Easement on page one of the Grant of Easement which states "Beginning at the Northwesterly corner of said Lot 2, the point of beginning..." is hereby deleted and replaced with the following: "Beginning at the Southwesterly corner of said Lot 2, the point of beginning.. ." I ' 1111111111111111111111 :;~~~:~~ ~2:111 J~NICE K vos C~UOILL PITKIN COUNTY CO R 0.00 0 0.00 The description of the location of the Easement is otherwise unmodified. 2. The Grant of Easement, as amended hereby, remains in full force and effect. IN WITNESS WHEREOF, the undersigned have executed this Amendment as of the day and year first written above. d of County Commissioners of Pitkin County, Colorado By: ~ UyJu / Print Name: r I it"/'f<trt... c..ferr::-lAvtr.{) 1- /-'5-CiG Title: Ck.l<le, State of ~e,.1"/Jl"'~ ) )ss. County of\J..l'w '1/)~ ) The foregoing Agreement was aclrnowledged before me this~day of 0u\ I J 2006 by Barry S. Friedberg. I My commission expires: Witness my hand and official seal.O~ D~ . Notary P blic State of:<"~\o~cyA,-o ) )ss. County ot;J~'~X\;\.~\{\ ) -'" ALDIIIlIlIIIONE NCn'MY~!!!.!."',*, ~::_;;Q '11*'lt1lft .en. My commission expires: Witness my hand and official seaL h ") .... The fOr~ing Agreement wa c 2006 by lY/ JQ.c;Lhrb as Pitkin County, Colorado. ... "< ..,. ~ ~, ~, ~ 2