HomeMy WebLinkAboutresolution.council.025-08RESOLUTION NO. Z~
Series of 2008
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING AN AMENDED AND RESTATED RIGHT-OF-WAY EASEMENT TO
CONSTRUCT, OPERATE, AND MAINTAIN A TWO LANE PARKWAY AND A
CORRIDOR FOR A LIGHT RAIL TRANSIT SYSTEM AND, IN ADDITION, A TWO
LANE PARKWAY AND TWO EXCLUSIVE BUS LANES BETWEEN BUTTERMILK
AND THE MAROON CREEK ROUNDABOUT PURSUANT TO THE MAY 2007 CITY
OF ASPEN BALLOT QUESTION, AND AUTHORIZING THE CITY MANAGER TO
EXECUTE SAID AMENDMENT ON BEHALF OF THE CITY OF ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council an Amended and Restated Right
of Way Easement document that would convey to the Colorado Department of Transportation a
right of way easement to construct, operate and maintain a two lane parkway and a corridor for a
light rail transit system, and a two lane parkway and, in addition, two exclusive bus lanes between
Buttermilk and the Maroon Creek Roundabout pursuant to the May 2007 City of Aspen bus lane
ballot question, a copy of which is annexed hereto and made a part thereof.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO:
That the City Council of the City of Aspen hereby approves the amendment to the original
2002 Entrance to Aspen Right of Way Easement, a copy which is annexed hereto and incorporated
herein, and does hereby authorize the City Manager of the City of Aspen to execute said Amended
and Restated Right-of--Way Easement on behalf of the City of Aspen.
INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the
day of ~~, 2008.
Micha C. eland, M yor
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a
true and accurate copy of that resolution adopted by the City Council of the City of Aspen,
Colorado, at a meeti~ng~helpd on the day hereinabove stated.
~~_Fifi~-~ ~i
i
Katlu S. Koch, City Clerk
AMENDED AND RESTATED RIGHT-OF-WAY EASEMENT
The City of Aspen, a home rule municipality of the County of Pitkin, State of Colorado,
with its principal office located at 130 S. Galena St., Aspen, Colorado 81611, here referred to as
Grantor, in consideration of TEN AND NO/100 DOLLARS ($10.00) and other valuable
consideration the receipt and sufficiency of which is hereby acknowledged, including the
agreements contained in this instrument and that certain Memorandum of Understanding
between Grantor, Grantee and the Federal Highway Administration dated July 27, 1998, grants
to the State of Colorado, Department of Transportation, whose legal address is 4201 East
Arkansas Avenue, Denver, Colorado 80222 of the City and County of Denver, Colorado, here
referred to as Grantee, aright-of--way easement to construct, operate and maintain a two lane
pazkway and a corridor for a light rail transit system (to be constructed when the financing is
available), and a two lane-parkway; and, in addition, two exclusive bus lanes between Buttermilk
and the Mazoon Creek Roundabout pursuant to the May 2007 City of Aspen ballot question, but
for no other purpose or purposes, portions of Grantor's property described in Exhibit 1 appended
hereto and incorporated herein as if fully set forth (the "Right-of-Way"). This grant is made on
the following terms and conditions:
1. The light rail transit system shall be built only after adequate financing
mechanisms and final design details are identified and approved by public vote of the citizens of
the Grantor.
2. A two lane-parkway and two exclusive bus lanes between Buttermilk and the
Maroon Creek Roundabout pursuant to the May 2007 City of Aspen ballot question; and, in
addition, a two lane parkway and corridor for a light rail transit system shall be constructed in
full compliance with all provisions relating to the construction of a two lane parkway and light
rail transit system of that certain State Highway 82 Entrance to Aspen Record of Decision,
Project STA 082A-008, issued by the Colorado Department of Transportation and Federal
Highway Administration in August 1998, and that certain Memorandum of Understanding
between Grantor, Grantee, and the Federal Highway Administration dated July 27, 1998,
including, but not limited to, all environmental and historic mitigation measures identified
therein. The platform width and maximum total right-of--way width for each corridor section of
the two lane parkway and corridor for a light rail transit system; or, a two lane-parkway and two
exclusive bus lanes between Buttermilk and the Mazoon Creek Roundabout pursuant to the May
2007 City of Aspen ballot question shall be no greater than as described in Table 1 on page 2 of
the Record of Decision.
3. The use of the Right-of--Way shall be contingent upon environmental and historic
resource mitigation measures including, but not limited to:
a. A cut and cover tunnel of no less than 400 feet to return public open space
approximately 2 acres or more of Marolt open space.
b. The return to open space of the portion of State highway 82 between
Cemetery Lane and the Maroon Creek intersection to be abandoned by CDOT.
c. The acquisition of other deed restricted open space of equal value and
equal or greater acreage to replace any net loss in open space.
d. An alignment of the two-lane parkway and corridor for a light rail transit
system that is designed to be as sensitive as possible to the location of the historic
Holden Smelting and Milling Complex and Museum.
e. The total use of open space shall be the minimum possible, consistent with
good design.
f The design of the proposed bridge shall be sensitive to the environment
and community character.
g. A landscaping plan to include plantings, berms and depressions, and other
methods to mitigate environmental and neighborhood concerns along the entire
two-lane parkway and corridor for a light rail transit system.
4. Before the start of any construction on any part of the Right-of--Way referenced
herein, Grantor shall have reviewed and approved all landscaping plans, final highway, bridge
and light rail corridor designs, and final bid packages applicable thereto, and all plans developed
to ensure compliance with the above referenced Memorandum of Understanding, the Record of
Decision, and the environmental and historic resource mitigation requirements set forth at
paragraph 3 above.
5. Before Grantee commences any ground disturbing activity on any portion of the
Right-of--Way referenced herein necessary for preliminary engineering or design work, Grantor
shall have reviewed and approved all such proposed activity to ensure that the proposed
disturbance is the minimum reasonably necessary and if construction is not commenced within
one year, Grantee shall re-vegetate and landscape immediately after the completion of such
activity.
In witness whereof, Grantor, by its duly authorized representatives, has executed this instrument
on the date set opposite his or her signature below.
City of Aspen, a Home Rule Municipality
Date: ~- ~,S O ~ By: ~ ~~~~
Ste en H. Barwick,
City Manager of the City of Aspen
State of Colorado
County of Pitkin
ss.
The foregoing instrument was acknowledged before me this o~J` day of
~? AA ,~ , 2008, by Stephen H. Barwick, City Manager of the City of Aspen.
Witness my hand and official seal.
~~ ,
_ aY PU~~
JACWE
LO7}IIAN
My commission expires: d4//~e~D//
otary Public
JPW-saved: 12/6/20U/$Ln\word\aer\rieht-of-wav-cdot-120407.doc