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RESOLUTION NO. /8
(Series of 1988)
A RESOLUTION AUTHORIZING THE COMMENCEMENT OF A LEGAL ACTION IN
EMINENT DOMAIN TO CONDEMN TWO (2) FIFTEEN (15) FOOT EASEMENTS FOR
A PEDESTRIAN, BICYCLE AND NORDIC CROSS COUNTY SKI TRAIL OVER AND
ACROSS A TRACT OF LAND SITUATED IN THE SOUTHEAST QUARTER OF
SECTION 12, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE SIXTH
PRINCIPAL MERIDIAN, PITKIN COUNTY, STATE OF COLORADO, SAID TRACT
BEING A PORTION OF U.S.M.S 19640, MARY B LODE #2, ROARING FORK
MINING DISTRICT
WHEREAS, the City of Aspen, Colorado, desires to complete
the trail system for pedestrian, bicycle and nordic cross country
ski trail on Shadow Mountain, Aspen, Colorado; and
WHEREAS, the City Council has determined that it is in the
best interest of the City, its visitors and citizens to acquire
two (2) fifteen (15) foot easements for pedestrian, bicycle and
nordic cross country ski trail over and across a tract of land
situated in the Southwest Quarter of Section 12, Township 10
South, Range 85 West of the Sixth Principal Meridian, Pitkin
County, State of Colorado, said tract being a portion of U.S.M.S.
19640, Mary B Lode #2, Roaring Fork Mining District as appears on
Exhibit "A" attached hereto; and
WHEREAS, the City Council, through its representatives, has
attempted to purchase said trail easements from the present owner
of the affected property, Christopher Sheehan, but such negoti-
ations have been unsuccessful; and
WHEREAS, the City Council desires to authorize the com-
mencement of legal action in eminent domain to condemn said
easements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section 1
That the City Council of the City of Aspen, Colorado, hereby
determines that it is in the best interest of the City, its
residents and visitors to acquire for public purposes two (2)
fifteen (15) foot easements for a pedestrian bicycle and nordic
cross country ski trail over and across a tract of land situated
in the Southeast Quarter of Section 12, Township 10 South, Range
85 West of the Sixth Principal Meridian, Pitkin County, State of
Colorado, said tract being a portion of the U.S.M.S. 19640, Mary
B Lode #2, Roaring Fork Mining District as appears on Exhibit "A"
attached hereto, and such construction easements as may be
necessary to construct the aforesaid trail, and does hereby
authorize the City Attorney to commence legal action in eminent
domain for such purposes.
Dated:
rL:3
, 1988.
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William L.
r
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,
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, 1988.
Colorado, at a meeting held
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BOOK 544
PAGE 145,
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Easement. No. 1
A 15 foot easement., being 7.5 feet. on each side of a centerline,
for a Pedestrian, blcycle, and Nordic cross-country ski t.rail,
over and across a t.ract of land sit.uat.ed in t.he sout.heast quart.er
of Sect.ion 12, Township 10 Sout.h, Range 85 West. of t.he 6t.h~
Principal Meridian, Pitkin Count.y, st.at.e of Colorado, said t.ract.
being a port.ion of t.he USMS 19640, Mary B Lode no. 2, Roaring
Fork Mlning District.. The cent.erline of t.he easement. is more
part.icularly described as follows:
Commencing at a point. on t.he sout.herly ext.ension of t.he east.erly
line of Sout.h 6t.h. St.reet. in the Cit.y of Aspen, being t.he same as
t.he sout.herly ext.ension of t.he west.erly line of Block 25,
Original Aspen Townsit.e, whence t.he 1959 Cit.y of Aspen monument.
set. for t.he sout.hwesterly corner of said Block 25 bears Nort.h 14
degrees 50 minut.es 49 seconds East. a dist.ance of 257.32 feet.;
thence South 78 degrees 52 minut.es 29 seconds West a dist.ance of
57.33 feet. to the terminus of this easement.
Easement No. 2
A 15 foot. easement., being 7.5 feet on each side of a centerline,
for a pedestrian, bicycle, and Nordic cross-country ski trail,
over and across a tract of land situated in the southeast quarter
of Section 12, Township 10 South, Range 85 West of the 6th.
Principal Meridian, Pitkin County, state of Colorado, said tract
being a portion of the USMS 19640, Mary B no. 2 Lode, Roaring
Fork Mining District. The centerline of the easement is more
particularly described as follows:
Commencing at a point on the southerly extension of the easterly
line of South 6th. Street in the City of Aspen, being the same
as the southerly extension of the westerly line of Block 25,
Original Aspen Townsite, whence the 1959 City of Aspen monument
set for the southwesterly corner of said Block 25 bears North 14
degrees 50 minutes 49 seconds East a distance of 257.33 feet;
and thence South 78 degrees 52 minutes 29 seconds West a distance
of 57.33 feet to the true point of beginning; thence South 78
degrees 52 minutes 29 seconds West a distance of 37.22 feet to
the t.erminus of this easement.
EXHIBIT "A"
pAGE 2 OF 2