HomeMy WebLinkAboutbocc.ord.001.2008RECEPTION#: 546721, 0226/2008 at
09:10:49 AM,
1 OF 4, R $0.00 Dac Code ORDINANCE
.fanice K. Vos Caudill, Pitkin County, CO
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITHIN
COUNTY, COLORADO AUTHORIZING VACATION AND CONVEYANCE OF
TRENTAZ DRIVE TO THE STARWOOD METROPOLITAN DISTRICT
ORDINANCE NO. ~G~ - 2008
Recitals
1. Trentaz Drive was dedicated and conveyed to Pitkin County for public use on the
plat for the Starwood Subdivision dated December 3, 1962 and has been utilized as a public road for
access to those properties located within the Starwood Metropolitan District service area since that
time.
2. On January 24, 2001, the BOCC approved the Starwood Metropolitan District
Service Plan ("Service Plan"), which provides for the District to "enter into an agreement with
Pitkin County to assume ownership, control and maintenance of Trentaz Drive."
3. The Board of County Commissioners of Pitkin County wishes to vacate and convey
Trentaz Drive to the Starwood Metropolitan District to implement the Service Plan.
4. Trentaz Drive is more fully described in the legal description designated Exhibit A to
the deed conveying the road to the District.
5. Authority to vacate the road is governed by the standards set forth in the Pitkin
County Land Use Code Section 2-30(H.7) and by CRS § 43-2-303.
6. The Board of County Commissioners finds that the proposal in the Service Plan to
vacate and convey Trentaz Drive complies with the applicable criteria set forth in the Pitkin County
Land Use Code.
7. This vacation shall not leave any land adjoining the roads without an established
public or private access easement connecting said land with another established road.
8. This vacation shall reserve public access over and across Trentaz Drive for bicycle
traffic.
NOW THEREFORE BE IT ORDAINED by the Board of County Commissioners of
Pitkin County, Colorado that:
1. The Board of County Commissioners does hereby vacate Trentaz Drive more fully
described in the legal description attached to the deed conveying Trentaz Drive to the Starwood
Metropolitan District; and f{s Re~o~~b iii ~D ,4-r- ,C~c~PT;on~ #~Sy(,7.~ krcoe~~ z -~~ -zoo~r.
2. The Chair or Chair's designee is authorized to sign a deed and other such documents
that may be necessary to complete the vacation and conveyance of Trentaz Drive to the Starwood
Metropolitan District.
INTRODUCED, FIRST READ AND SET FOR PUBLIC HEARING AT THE REGULAR
MEETING ON THE 28TH DAY OF FEBRUARY 2007.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON
//~' DAY OF MARCH 2007.
APPROVED AND AD TED AFTER SECOND READING AND PUBLIC HEARING ON
THE ~_ DAY OF 2~. v10D~
fi~,
PUB ISHED AFTER ADOPTION IN THE ASPEN TIMES WEEKLY ON THE~~ DAY
OF! 2008.
THIS ORDINANCE SHALL BECOME EFFECTIVE 30 DAYS AFTER PUBLICATION
FOLLOWING FINAL ADOPTION BY THE BOARD,OF COUNTY COMMISSIONERS.
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
APPROVED AS TO FORM:
c.._...___ -~~.~..,._.__.
John M. Ely
Coulaty Attorney "
' ~ ~~ ~
~~ ~r~
~,t ~' L
Jaen Hatfield, Cha' - an
Date: / ~ ~ C> ~%
r~
Hilary Fl~f~cher
County Manager
4
EXHIBIT A
(Trentaz Drive Description)
A strip of land 60 feet wide within Sections 26 and 35, Township 9 South, Range 85 West of the
Sixth Principal Meridian, Pitkin County, Colorado and shown as Trentaz Drive on the plat of
Starwood as recorded in Plat Book 2A at page 282, Pitkin County Records, being 30 feet on each
side of the following described centerline:
Commencing at a point on the centerline on the County Road (McLain Flats Road) as shown on
said Starwood plat from which the northwest corner of said Section 35 bears N8°18'10"W,
2164.71 feet; thence N55°42'00"E, 34.58 feet to a point on the northerly Right-of--Way of the
County Road (McLain Flats Road), said point being the Point of Beginning; thence 89.18 feet
along the arc of a curve to the left having a radius of 170.60 feet, a central angle of 29°57' and a
long chord which bears N40°43'30"E, 88.17 feet; thence N25°45'00"E, 58.88 feet; thence
109.44 feet along the arc of a curve to the left having a radius of 134.03 feet, a central angle of
46°47' and a long chord which bears N02°21'30"E, 106.42 feet; thence N21 °02'00"W, 66.01
feet; thence 188.71 feet along the arc of a curve to the right having a radius of 125.24 feet, a
central angle of 86°20' and a long chord which bears N22°08'00"E, 171.36 feet; thence
N65°18'00"E, 30.75 feet; thence 49.01 feet along the arc of a curve to the left having a radius of
78.26 feet, a central angle of 35°53' and a long chord which bears N47°21'30"E, 48.22 feet;
thence 135.65 feet along the arc of a reverse curve to the right having a radius of 485.25 feet, a
central angle of 16°O1' and a long chord which bears N37°25'30"E, 135.21 feet; thence
N45°27'00"E, 13.80 feet; thence 118.41 feet along the arc of a curve to the left having a radius
of 136.42 feet, a central angle of 49°44' and a long chord which bears N20°35'00"E, 114.73
feet; thence N04°17'00"W, 197.97 feet; thence 161.88 feet along the arc of a curve to the right
having a radius of 474.83 feet, a central angle of 19°32' and a long chord which bears
NOS°29'00"E, 161.10 feet; thence N15°15'00"E, 117.15 feet; thence 143.83 feet along the arc of
a curve to the left having a radius of 865.93 feet, a central angle of 9°31" and a long chord which
bears N10°29'30"E, 143.66 feet; thence NOS°44'00"E, 81.09 feet; thence 92.09 feet along the
arc of a curve to the left having a radius of 532.98 feet, a central angle of 9°54' and a long chord
which bears N00°47'00"E, 91.98 feet; thence N04°10'00"W, 865.85 feet; thence 41.38 feet
along the arc of a curve to the right having a radius of 214.86 feet, a central angle of 11 °02' and
a long chord which bears NOl°21'00"E, 41.31 feet; thence N06°32'00"E, 166.75 feet; thence
114.45 feet along the arc of a curve to the right having a radius of 188.89 feet, a central angle of
34°43' and a long chord which bears N23°53'30"E, 112.71 feet; thence N41°35'00"E, 263.81
feet; thence 95.61 feet along the arc of a curve to the left having a radius of 45.50 feet, a central
angle of 120°24' and a long chord which bears N18°37'00"W, 78.97 feet; thence N78°49'00"W,
131.38 feet; thence 69.68 feet along the arc of a curve to the right having a radius of 42.23 feet, a
central angle of 94°32' and a long chord which bears N31°33'00"W, 62.04 feet; thence 104.96
feet along the arc of a compound curve to the right having a radius of 213.76 feet, a central angle
of 28°08' and a long chord which bears N29°47'00"E, 103.91 feet; thence 94.47 feet along the
arc of a reverse curve to the left having a radius of 238.98 feet, a central angle of 22°39' and a
long chord which bears N32°31'30"E, 93.86 feet; thence N21°12'00"E, 49.77 feet; thence 75.33
feet along the arc of a curve to the right having a radius of 85.69 feet, a central angle of 50°22'
and a long chord which bears N46°23'00"E, 72.92 feet; thence 94.24 feet along the arc of a
compound curve to the right having a radius of 161.28, a central angle of 33°28' and a long
chord which bears N88°18'25"E, 92.91 feet; thence S75°01'00"E, 37.26 feet; thence 124.05 feet
along the arc of a curve to the left having a radius of 483.51, a central angle of 14°42' and a long
chord which bears S82°22'00"E, 123.71 feet; thence S89°43'00"E, 30.73 feet; thence 166.69
feet along the arc of a curve to the left having a radius of 298.93 feet, a central angle of 31°57'
and a long chord which bears N74°18'30"E, 164.54 feet; thence N58°20'00"E, 71.22 feet;
thence 114.25 feet along the arc of a curve to the left having a radius of 276.80 feet, a central
angle of 23°39' and a long chord which bears N46°30'30"E, 113.45 feet; thence N34°41'00"E,
172.86 feet to a point of terminus on the westerly line of said Starwood, the side lines of said
parcel being lengthened or shortened to meet said westerly line of Starwood.
Bearings are based on the plat of Starwood as recorded in Plat Book 2A, page 282 and assumes
that all curves shown on said plat are tangent.
P~\wp~.PJT\RE\Starwood.Dced.Rev.wpd.l.2.08 wpd
DEED
i
THIS DEED, made this ~~day of ~ 2008, between the Board of
County Commissioners of Pitkin County, Colorado (here' after "County"), and Starwood
Metropolitan District, aquasi-municipal corporation and political subdivision of the State of
Colorado whose address is 0121 Stewart Drive, Aspen, CO 81611, County of Pitkin and State of
Colorado (hereinafter "District");
WITNESSETH, that the County, for and in consideration of the sum of Ten Dollars and
other good and valuable consideration in hand paid by the District, the receipt whereof is hereby
confessed and acknowledged, has granted, bargained, sold and conveyed, and by these presents
does grant, bargain, sell, convey and confirm unto the said party of the second part, its successors
and assigns forever, all of the following described lot or parcel of land, situate, lying and being in
the County of Pitkin and State of Colorado, to be used by the District for purposes of a public
roadway:
Trentaz Drive as described on Exhibit "A" attached hereto, together with all
easements and rights of way appurtenant thereto, reserving to the owners of those
properties adjacent to Trentaz Drive any and all existing rights to access their
properties by means of ingress and egress and further reserving to the public the
right to ride bicycles on Trentaz Drive in a reasonable and safe manner.
In accepting this Deed the District covenants with the County that the property shall be
utilized as a public roadway and any interest conveyed by the County to the District hereunder
shall revert to the County if the property is not so utilized as a public roadway. The District
further covenants with the County that the Starwood gatehouse shall not be relocated onto
Trentaz Drive from its current location unless authorized in writing by the County. Further,
should the Starwood gatehouse be relocated onto Trentaz Drive from its current location, no
properties adjacent to Trentaz that would be accessed through the gate will be assessed for the
cost of improving or maintaining Trentaz Drive unless so consented in writing by the owners of
such properties.
TOGETHER with all and singular the hereditaments and appurtenances thereto
belonging, or in anywise appertaining, and the reversion and reversions, remainder and
remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and
demand whatsoever, of the County either in law or equity, of, in and to the above bargained
premises, with the hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described, with the
appurtenances unto the District, its successors and assigns forever.
IN WITNESS WHEREOF, the County has hereunto set its hand and seal the day and
year first above written.
RECEPTION#: 546722, 02/26!2008 at C rman, Board o !County Commissioners
09:10:50 AM, of Pitkin County, olorado
1 OF 4, R $0.00 DF $0.00 Doc Code DEED
Janice K. Vos Caudill, Pitkin County, CO
Starwood Metropolitan District
By
Pr nand Chairman of the Board of
the St ood Metropolitan District
STATE OF COLORADO
COUNTY OF PITKIN
ss.
t~
The f egoing instru ent was acknowledged before me this/9_ day of
2008, by ~,¢~1,~ ,¢~=/~~ p ,Chairman, Board of ..ounty Commissioners of
Pitkin County, Colorado.
My commission expires: 7-G-0 ~
Witness my hand and official seal.
STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this ~ day of ~,i
2008, by ~,~,v ~' ~~~ i vti~i ,~ as President and Chairman of the Board oft e
Starwood Metropolitan Distri
My commission expires: ~ 15 2'D I
Witness my hand and official seal. O~ p,R Y p~e~
'~\ NINA W
l~lJ • E i
~ ~o
Notary Public '• •
F ~~ C ~`pE~
EXHIBIT A
(Trentaz Drive Description)
A strip of land 60 feet wide within Sections 26 and 35, Township 9 South, Range 85 West of the
Sixth Principal Meridian, Pitkin County, Colorado and shown as Trentaz Drive on the plat of
Starwood as recorded in Plat Book 2A at page 282, Pitkin County Records, being 30 feet on each
side of the following described centerline:
Commencing at a point on the centerline on the County Road (McLain Flats Road) as shown on
said Starwood plat from which the northwest corner of said Section 35 bears N8°18' 10"W,
2164.71 feet; thence N55°42'00"E, 34.58 feet to a point on the northerly Right-of--Way of the
County Road (McLain Flats Road), said point being the Point of Beginning; thence 89.18 feet
along the arc of a curve to the left having a radius of 170.60 feet, a central angle of 29°57' and a
long chord which bears N40°43'30"E, 88.17 feet; thence N25°45'00"E, 58.88 feet; thence
109.44 feet along the arc of a curve to the left having a radius of 134.03 feet, a central angle of
46°47' and a long chord which bears N02°21'30"E, 106.42 feet; thence N21 °02'00"W, 66.01
feet; thence 188.71 feet along the arc of a curve to the right having a radius of 125.24 feet, a
central angle of 86°20' and a long chord which bears N22°08'00"E, 171.36 feet; thence
N65° 18'00"E, 30.75 feet; thence 49.01 feet along the arc of a curve to the left having a radius of
78.26 feet, a central angle of 35°53' and a long chord which bears N47°21'30"E, 48.22 feet;
thence 135.65 feet along the arc of a reverse curve to the right having a radius of 485.25 feet, a
central angle of 16°O1' and a long chord which bears N37°25'30"E, 135.21 feet; thence
N45°27'00"E, 13.80 feet; thence 118.41 feet along the arc of a curve to the left having a radius
of 136.42 feet, a central angle of 49°44' and a long chord which bears N20°35'00"E, 114.73
feet; thence N04°17'00"W, 197.97 feet; thence 161.88 feet along the arc of a curve to the right
having a radius of 474.83 feet, a central angle of 19°32' and a long chord which bears
NOS°29'00"E, 161.10 feet; thence N15°15'00"E, 117.15 feet; thence 143.83 feet along the arc of
a curve to the left having a radius of 865.93 feet, a central angle of 9°31" and a long chord which
bears N10°29'30"E, 143.66 feet; thence NOS°44'00"E, 81.09 feet; thence 92.09 feet along the
arc of a curve to the left having a radius of 532.98 feet, a central angle of 9°54' and a long chord
which bears N00°47'00"E, 91.98 feet; thence N04°10'00"W, 865.85 feet; thence 41.38 feet
along the arc of a curve to the right having a radius of 214.86 feet, a central angle of 11°02' and
a long chord which bears NO1 °21'00"E, 41.31 feet; thence N06°32'00"E, 166.75 feet; thence
114.45 feet along the arc of a curve to the right having a radius of 188.89 feet, a central angle of
34°43' and a long chord which bears N23°53'30"E, 112.71 feet; thence N41°35'00"E, 263.81
feet; thence 95.61 feet along the arc of a curve to the left having a radius of 45.50 feet, a central
angle of 120°24' and a long chord which bears N18°37'00"W, 78.97 feet; thence N78°49'00"W,
131.38 feet; thence 69.68 feet along the arc of a curve to the right having a radius of 42.23 feet, a
central angle of 94°32' and a long chord which bears N31°33'00"W, 62.04 feet; thence 104.96
feet along the arc of a compound curve to the right having a radius of 213.76 feet, a central angle
of 28°08' and a long chord which bears N29°47'00"E, 103.91 feet; thence 94.47 feet along the
arc of a reverse curve to the left having a radius of 238.98 feet, a central angle of 22°39' and a
long chord which bears N32°31'30"E, 93.86 feet; thence N21°12'00"E, 49.77 feet; thence 75.33
feet along the arc of a curve to the right having a radius of 85.69 feet, a central angle of 50°22'
and a long chord which bears N46°23'00"E, 72.92 feet; thence 94.24 feet along the arc of a
compound curve to the right having a radius of 161.28, a central angle of 33°28' and a long
chord which bears N88°18'25"E, 92.91 feet; thence S75°01'00"E, 37.26 feet; thence 124.05 feet
along the arc of a curve to the left having a radius of 483.51, a central angle of 14°42' and a long
chord which bears S82°22'00"E, 123.71 feet; thence S89°43'00"E, 30.73 feet; thence 166.69
feet along the arc of a curve to the left having a radius of 298.93 feet, a central angle of 31°57'
and a long chord which bears N74°18'30"E, 164.54 feet; thence N58°20'00"E, 71.22 feet;
thence 114.25 feet along the arc of a curve to the left having a radius of 276.80 feet, a central
angle of 23°39' and a long chord which bears N46°30'30"E, 113.45 feet; thence N34°41'00"E,
172.86 feet to a point of terminus on the westerly line of said Starwood, the side lines of said
parcel being lengthened or shortened to meet said westerly line of Starwood.
Bearings are based on the plat of Starwood as recorded in Plat Book 2A, page 282 and assumes
that all curves shown on said plat are tangent.
P~wp~P1TRE~Starwood.Decd. Rev.vryd. L2.OS.wpd