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RESOLUTION NOi~,.,
Series of 199~
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING AN INTERGOVERNMENTAL AGREEMENT CONCERNING THE
PURCHASE AND PUBLIC OWNERSHIP OF THE ASPEN BRANCH OF THE DENVER
AND RIO GRANDE WESTERN RAILROD RIGHT-OF-WAY.
WHEREAS, there has been submitted to the City Council an intergovernmental
agreement concerning the purchase and public ownership of the Aspen branch of the Denver and
Rio Grande Western Railroad right-of-way, a true and accurate copy of which is attached hereto
as Exhibit "A";
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ASPEN,
COLORADO:
That the City Council of the City of Aspen hereby appr~lVes that intergovernmental
agreement concerning the purchase and public ownership of the Aspen braJ;lcl1 of the Denver and
Rio Grande Western Railroad right-of-way, and does hereby authorize the City Manager of the
City of Aspen to execute said agreement on behalf of the City of Aspen.
the
INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on
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John S. Bennett, Mayor
-1, '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 meeting held on the day hereinabove stated.
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ADDENDUM TO
THE INTERGOVERNMENTAL AGREEMENT
BETWEEN PITKIN COUNTY. EAGLE COUNTY. GARFIELD COUNTY
THE CITY OF GLENWOOD SPRINGS. THE CITY OF ASPEN
THE TOWN OF CARBONDALE. THE TOWN OF BASALT,
THE TOWN OF SNOWMASS VILLAGE. AND
THE COLORADO TRANSPORTATION COMMISSION
CONCERNING THE PURCHASE AND PUBLIC OWNERSHIP OF THE
ASPEN BRANCH OF THE DENVER AND RIO GRANDE WESTERN
RAILROAD RIGHT-OF-WAY
PARTIES
THIS ADDENDUM TO THE INTERGOVERNMENTAL AGREEMENT (the
"Addendum") is made this _ day of . 199_, by and between Pitkin County,
Eagle County, Garfield County, the City of Glenwood Springs, the City of Aspen, the Town
of Carbondale, the Town of Basalt, the Town of Snowmass Village, and the Colorado
Transportation Commission (the "Govermnents").
AUTHORITY
This Agreement is entered into, inter alia, pursuant to Section 29-1-201, et seq., C.R.S.,
and Article XIV, Section 10, of the Colorado Constitution.
RECITALS
WHEREAS, the Govermnents are duly constituted governmental entities governed by
Boards or Councils elected by qualified electors of the counties, cities and towns mentioned
above, or is a Commission appointed by the Governor of the State, all of which are located in
Colorado; and,
WHEREAS, the Govermnents have developed an intergovernmental agreement, which
expresses their desire to cooperate in the purchase and ownership of a portion of what is known
as the Aspen Branch of the Denver and Rio Grande Western Railroad right-of-way (the
"Property"). Said Intergovermnental Agreement was approved by most of the participating
Governments, but some of the Governments refused to approve the Intergovermnental
Agreement because they disagreed with the requirements for voting.
NOW, THEREFORE, the Governments have re-negotiated the terms of voting set forth
in the Intergovernmental Agreement, and have revised those terms within this addendum as
follows: .
1. Paragraph 6.b.i. originally read as follows:
"The Board shall meet on a at least a quarterly basis to discuss
matters concerning the management and operation of the Property,
and will make decisions effecting this management and operation
by majority vote."
This paragraph has been replaced to read as follows:
"The Board shall meet on at least a quarterly basis to discuss
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matters concerning the management and operation of the Property,
and will make decisions effecting management and operation of
the Property by consensus."
Paragraph 6. b.ii. originally read as follows:
"A majority vote is defined as comprising at least two-thirds
(2/3rds) of the voting members in attendance at the meeting on a
given issues."
This paragraph has been replaced to read as follows:
"Consensus is defined as occurring when all of the Directors in
attendance at the meeting do not disagree with the proposal given
for resolve of an issue."
3 . Paragraph 6. b .iii. originally read as follows:
4.
"Each Director representing one of the Governments shall have
voting privileges. "
This paragraph has been changed to read as follows:
"Each Director representing one of the Governments shall have the
ability to participate in obtaining consensus. "
Paragraph 6.b.iv. originally read as follows:
"At-large Directors shall have no voting privileges."
This paragraph has been changed to read as follows:
"At-large Directors shall have the ability to express their opinion
on issues, but shall not otherwise participate in obtaining
consensus. "
5. Paragraph 6. b. v. originally read as follows:
"Each voting Director shall have one vote, and shall be bound to
cast votes on issues pursuant to the direction of their respective
govermnent body. "
6.
This paragraph has been replaced to read as follows:
"Each voting Director shall have the ability to participate in
forming a consensus, but shall be bound to express the direction
of that Director's respectivegovermnent body when participating. "
The complete Intergovermnental Agreement as amended is attached as Exhibit "A".
Execution of the Intergovermnental attached as Exhibit "A" shall signify approval of
the changes as proposed within this Addendnm of the Intergovermnental Agreement.
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Exhibit "A"
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THE INTERGOVERNMENTAL AGREEMENT
AS AMENDED
BETWEEN PITKIN COUNTY, EAGLE COUNTY, GARFIELD COUNTY
THE CITY OF GLENWOOD SPRINGS, THE CITY OF ASPEN
THE TOWN OF CARBONDALE, THE TOWN OF BASALT,
THE TOWN OF SNOWMASS VILLAGE. AND
THE COLORADO TRANSPORTATION COMMISSION
CONCERNING THE PURCHASE AND PUBLIC OWNERSHIP OF THE
ASPEN BRANCH OF THE DENVER AND RIO GRANDE WESTERN
RAILROAD RIGHT-OF-WAY
PARTIES
THIS INTERGOVERNMENTAL AGREEMENT (the "Agreement") is made this_
day of , 199_, by and between Pitkin County, Eagle County, Garfield County, the City
of Glenwood Springs, the City of Aspen, the Town of Carbondale, the Town of Basalt,the
Town of Snowmass Village, and the Colorado Transportation Commission (the "Governments").
AUTHORITY
This Agreement is entered into, inter alia, pursuant to Section 29-1-201, et sea" C.R.S.,
and Article XIV, Section 10, of the Colorado Constitution.
RECITALS
WHEREAS, the Governments are duly constituted governmental entities governed by
Boards or Councils elected by qualified electors of the counties, cities and towns mentioned
above, or is a Commission appointed by the Governor of the State, all of which are located in
Colorado; and,
WHEREAS, the Governments are desirous of cooperating in the purchase and ownership
of a portion of what is known as the Aspen Branch of the Denver and Rio Grande Western
Railroad right-of-way (the "Property"). Said purchase will satisfy the mutual, immediate goal
of retaining the Property for the good of the general public, and will allow for the development
of a comprehensive plan for the highest and best public use of the Property. The primary use
for the Property under this future plan shall be as a public transportation corridor. Secondary
uses can include recreational opportunities and access to adjacent public lands, provided that
these secondary uses do not preclude the primary use as a public transportation corridor; and,
WHEREAS, The Boards, Councils and Commission of the respective Governments are
authorized to execute this Intergovernmental Agreement on behalf of the Governments; and,
WHEREAS, This Agreement will abide by and comply with all constitutional
requirements concerning state and local government expenditures and procedures; and,
WHEREAS, the Governments have determined it is in the best interests of the citizens
of the Roaring Fork Valley to enter into this Intergovernmental Agreement.
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OBLIGATIONS OF PARTIES
NOW, THEREFORE, the Governments do hereby approve of the Intergovernmental
Agreement as follows:
1. Purpose. The purpose of this Intergovernmental Agreement is to establish a
cooperative agreement between the Governments that will establish an entity known as the
Roaring Fork Railroad Holding Authority (RFRHA). The purpose of the RFRHA is to pursue
the successful purchase of the Property from the current owner, and, to the extent permitted by
the Constitution and the Laws of the State of Colorado, to manage and plan for the use of the
Property to the benefit of the general public,
2. Participation in the Purchase. The Governments agree that participation in the
local funding of the ultimate purchase of the Property will not exceed Two-Million, Nine-
Hundred Thousand ($2,900,000.00) dollars, which amount shall include all costs for an
environmental audit, title insurance, costs for clearing title and other expenses normally
associated with the purchase of the property. The split of local financial participation between
the Governments is defined within Exhibit "A" of this document. The cost -sharing arrangement
defined within Exhibit "A" applies solely to the purchase of the Property.
The money for funding Pitkin County's, the City of Aspen's, and the Town of Snowmass
Village's cost sharing as described in Exhibit "A" will come from the I/2-cent Use Tax for
transportation recently approved by the voters of Pitkin County.
3. Authorization to Negotiate. The Governments are authorized to appoint a
negotiating team for acquisition of the Property. The team shall be made up of at least three
individuals and shall include at least one elected official. The Negotiating Team shall act as
the buyers representative and work directly with the Owner to determine the nature of the
Property prior to developing agreeable terms for the purchase of the Property. Once an
ownership and encumbrance evaluation, an opinion of the rights to the Property held by the
present owner, and an environmental audit of the Property is completed, and any other terms
have been met to the satisfaction of all parties to this Intergovernmental Agreement,the
Property shall be sold and retained in the ownership of the RFRHA until the termination of this
Agreement.
4. Purchase Price Exceeds Amount Designated. In the event that the actual
purchase price, plus associated costs exceeds the $2,900,000.00 limitation mentioned above,the
Governments may negotiate an amendment to this Agreement for payment of such price and for
a cost sharing formula to address that price.
5. Ownership ofthe Property. The Governments shall purchase the Property from
the current owner based on the level of participation defined above. Ownership of the Property
shall rest with and be managed by the RFRHA. The RFRHA is required to conduct this
ownership of the Property, and will not sell, liquidate or otherwise compromise the existing
nature of the property without the approval of the Governments through the managing RFRHA
Board of Directors as defined below.
6. Management of the Property.
a. RFRHA Board of Directors. The Property shall be managed, and use
and planning for the Property shall be overseen by the Governments through a Board of
Directors (the "Board"). Said Board shall oversee the use and ownership of the property. The
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Board shall consist of twelve (12) Directors, one (1) each from the nine (9) Governments
participating in this Intergovernmental Agreement, and three (3) citizen at-large members elected
by the Board of Directors. Each of the three at-large members shall reside in and therefore
represent the three counties participating in this Agreement.
b. Powers and Responsibilities of the Board of Directors.
i. The Board shall meet on at least a quarterly basis to discuss matters
concerning the management and operation of the Property, and will make decisions effecting
this management and operation by consensus,
ii. Consensus is defined as occurring when all of the Directors in
attendance at the meeting do not disagree with the proposal given for resolve of an issue.
Ill. Each Director representing one of the Governments shall have the
ability to participate in obtaining consensus.
iv. At-large Directors shall have the ability [0 express their opinion
on issues, but shall not otherwise participate in obtaining consensus.
v. Each Director shall have the ability to participate in forming a
consensus, but shall be bound to express the direction of that Director's respective government
body when participating.
vi. The Board may adopt by-laws for operational procedures and
meeting dates of the Board.
vii. A quorum of at least seven (7) voting Directors will be required
to conduct a meeting of the Board.
VIII. Meetings of the Board will be adequately noticed in local
publications, pursuant to the requirements of the Colorado Open Meetings Act. Meetings of
the Board will be open to the public to attend and time will be allotted during each meeting for
public comment.
ix. Work or services required to adequately manage the property will
be the responsibility of the Board of Directors, and will not be the responsibility of the
Governments or their staff. The Board of Directors shall have the ability, if adequately funded,
to contract professional services and procure materials and services as necessary to adequately
manage the property. The Board of Directors will not have the authority to hire full-time staff
for the management or planning of the Property.
c. Limitations of the Board of Directors. The Board of Directors has no
power to levy taxes. The Board of Directors can not bind any of the Governments to actions
required pursuant to decisions, recommendations, resolutions or motions
d. Stewardship of the Property. The overall goals of the management of
the Property are three-fold:
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i. To negotiate for the purchase of the Property on behalf of the
Goverrnnents and to act as the Owner of the Property until the termination of this Agreement;
ii. To operate the Property in it's existing condition until a
comprehensive plan of action is developed to implement a transportation use or uses appropriate
and agreeable to all of the Goverrnnents, and
iii. To develop and have approved such a comprehensive plan.
The Goverrnnents shall continue to recognize any and all existing easements and licenses
granted to any of the participating Governments by the existing Owner upon purchase of the
Property. If anyone Goverrnnent wishes to utilize all or a portion of the Property for a new
or different use within the jurisdiction of that Government, it may do so provided that such a
use does not preclude the desired future uses as determined by the Board of Directors. It is the
responsibility of the Government proposing this new or different use to prove and otherwise
insure that the use will not preclude any desired future use from occurring to the satisfaction
of the Board of Directors.
The Governments recognize the potential issues surrounding certain existing physical conditions
of the Property, in particular existing and proposed at-grade crossings by public rights-of-way
and accesses. Placement, modification, improvement and/or relocation of at -grade crossings
will be allowed provided that those improvements follow generally accepted standards and do
not result in negatively impacting the primary use of the Property, Attached as Exhibit "B" is
an inventory of the Property identifying and locating these at-grade crossings and specific
standards to be required of possible improvements.
e. Development of a Comprehensive Plan. A Comprehensive Plan for the
property (hereinafter the "Plan") must be developed and approved by the Board prior to
improvement of the property for public transportation uses, The Plan shall include the
following:
i. A listing and description of possible uses for the property,
including but not limited to such improvements necessary to place and operate a public
transportation system, public trail, and/or access to public lands;
ii. A detailed improvements and operations plan for the ultimate
preferred use(s) on the property, including a recommended management and funding strategy,
The Plan shall be integrated and developed in conjunction with other, existing planning
processes evolving in the valley, including but not limited to the Basalt to Buttermilk
Environmental Impact Statement Transit Feasibility Study, the Snowmass to Aspen
Transportation Plan, the Mount Sopris Transportation Project, the Buttermilk to Aspen
Environmental Impact Statement and the Glenwood Springs Alternate Route Environmental
Assessment.
The Goverrnnents further recognize that Pitkin County presently owns approximately eight (8)
miles of the Property as described within Exhibit "C". Currently, this portion of the Property
is used by the public as a trail and for recreational access, and has been preserved by Pitkin
County as a potential transportation corridor. Pitkin County agrees to bind this portion of the
Property to the conditions of this Agreement provided that the existing conditions and policies
concerning this portion of the Property are kept in force until such a time that the Agreement
expires or a comprehensive plan for the Property is approved.
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The Governments shall develop, consider and approve the Plan for the Property within thirty-
six (36) months of the date this Agreement is signed. Once the Plan for the Property is
approved by all participating Governments, this Intergovernmental Agreement will become null
and void and a new agreement will be negotiated.
7. Retention of Property. The Property will be retained in the Ownership of
RFRHA through the life of this Intergovernmental Agreement. An additional agreement
concerning sale of the property must be reached after the Plan for the Property is developed
and approved.
8, Entire Agreement. This Agreement and the exhibits attached hereto contain the
entire understanding of the parties. There are no representations, warranties, covenants or
undertakings other than those expressly set forth herein. This Agreement may not be modified
or amended except by writing, signed by all of the parties hereto.
9. Counterparts. This Agreement may be executed in counterparts and, as
executed, shall constitute one addendum binding on all parties hereto notwithstanding that all
said parties are not signatory to the original or same Agreement.
10. Recordation. Upon full execution of this Agreement, the Agreement shall be
placed of record in the real property records of the Clerk and Recorder of Pitkin County, Eagle
County and Garfield County, Colorado.
11. Binding Effect. This Agreement shall be binding upon and shall inure to the
benefit of the parties hereto and their respective heirs, successors and assigns.
12. Unenforceable Provision. If any provision of this Agreement shall be
determined to be void by any court or competent jurisdiction, such determination shall not effect
any other provision hereof, all of which other provisions shall remain in full force and effect
so long as all the material provisions hereof can be performed. It is the intention of the parties
hereto that, if any provision of this Agreement is capable of two constructions, one of which
would render the provision void and the other of which would render the provision valid,the
provision will have the meaning which renders it valid.
13. Governing Law. The interpretation, construction and performance of the
Agreement shall be governed by the laws of the State of Colorado. In the event of any
litigation, jurisdiction and venue shall be with the Courts of Pitkin County, Eagle County, or
Garfield County, Colorado,
14. Captions. Paragraph headings are inserted for convenience only and they shall
in no way define, limit or prescribe the scope or intent of this Agreement.
15. Insurance. RFRHA shall be required to obtain necessary insurance to protect
the Property, liability from ownership of the Property, and liability of the Board of Directors.
Such insurance may be obtained by purchase or by Intergovernmental Agreement. Such
insurance for liability purposes must be in the minimum amounts of the Governmental Immunity
Act. Should staff be retained by the Board of Directors, RFRHA must obtain necessary
unemployment and worker's compensation insurance.
16. Compliance With Applicable Laws. At all times, RFRHA and the Board of
Directors of that entity must comply with all provisions of the Colorado Constitution and the
Statutes of the State of Colorado.
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TERM OF AGREEMENT
To the extent required by Article X, Section 20 of the Constitution of the State of
Colorado, this Agreement is subject to annual renewal and appropriation by the parties hereto.
To the extent not so required, this agreement shall remain in full force and effect for thirty-
six (36) months, and can be renewed for mutually accepted, subsequent terms until the
underlying purposes of this Agreement are met. If any or all of the Governments intend not
to renew the Agreement, they shall notify the Board of the intent no to renew. Such
notification shall be made in writing at least ninety (90) calendar days prior to the end of any
term of the Agreement, including any annual term as required by the Constitution of the State
of Colorado.
EXECUTION
EXECUTED the date first written above.
BOARD OF COUNTY COMMISSIONERS
PITKIN COUNTY, COLORADO
BOARD OF COUNTY COMMISSIONERS
EAGLE COUNTY, COLORADO
Bob Child, Chair
Johnette Phillips, Chair
BOARD OF COUNTY COMMISSIONERS
GARFIELD COUNTY, COLORADO
CITY COUNCIL
GLENWOOD SPRINGS, COLORADO
Bucky Arbaney, Chair
Bob Zanella, Mayor
CITY COUNCIL
CITY OF ASPEN, COLORADO
BOARD OF TRUSTEES
CARBONDALE,COLORADO
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John ennett, Mayor
Bill Grey, Mayor
BOARD OF TRUSTEES
TOWN OF BASALT, COLORADO
TOWN COUNCIL
SNOWMASS VILLAGE, COLORADO
Patrick Collins, Mayor
Jim Hooker, Mayor
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Bernie Buescher, Commissioner
ATTEST:
Jeanette Jones,
Deputy Pitkin County Clerk
Sara Fischer,
Eagle County Clerk
Mildred Alsdorf,
Garfield County Clerk
Pam Oliveira,
Glenwood Springs City Clerk
Kathryn ch,
Aspen lty Clerk
Suzanne Cerise,
Carbondale Town Clerk
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APPROVED AS TO FORM:
Tim Whitsitt,
Pitkin County Attorney
Jim Fritze,
Eagle County Attorney
Don K. Duford,
Garfield County Attorney
Chris Daly, City Attorney,
Glenwood Springs
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Aspen City Attorney
Bob Emerson,
Carbondale Town Attorney
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Pam Schilling,
Basalt Town Clerk
Trudi Worline,
Snowmass Village Town Clerk
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Sherry Caloia,
Basalt Town Attorney
Steven Connor,
Snowmass Village Town Attorney
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EXHIBIT "A"
Formula to Split Financial and Ownership Participation
~ Amount
Aspen 23% $ 667,000
Snowmass Village 13% $ 377,000
Pitkin County 20% $ 580,000
Basalt 1% $ 29,000
Eagle County 6% $ 174,000
Carbondale 4% $ 116,000
Glenwood Springs 16% $ 464,000
Garfield County 17% $ 493,000
TOTAL 100% $2,900,000
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EXHIBIT "B"
Existing Inventory of the Property
Standards and Specifications for Improvements to
At-Grade Crossings
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ASREN BRANCH SCHEMATIC
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TABLE 1
TRACK INVENTORY SUMMARY
I CATEGORY \ GLENWOOD SPRINGS \ CARBONDALE
I TO CARBONDALE TO WOODY CREEK
, Ballast S1a~ ana. cmo.cr. rou1= In SCVen.l ~Iaccs. SIal 8I11l QnGer. fou1eci (cxm:mc m piacc:s."Tiesi
, rails c:overcQ in many places.
I \ Cle.m andior Replace all)
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I ReI.yea . worn lield side. Mew flow I i ,g") ga~ \ Relayed .. WOlD iic1d side. Metal flow (l/S-.,") Clip
Rail side. MosUY 112# C19391 ana 11S#C1939.19491 side. MOsUy9Oll(l924-1926lan.1OO#l1m-
(Test ana ~rind all to be useci. with 90# (1924) at coai. ioadouL Approxima1CJ.v two , 19301wilh some liO ond 8S# 11890-19121.... liS.
Use i 12/t and 1151# on mam. miIcs IMP 361.S . MP 363..51 of llS# CWR C19SOl. \ (19S3-19S41. Est. lS% gooo. 50% fair..... 3S'I\
i 90# ana 100# on sidings) Esr. 30% ~ooa. j5% fair. ami 15% bad. ba<l.
I
Ties Tn:alCa. ana umn:.atea.. Some Dt"Oiccn and SOUL Est. ~,.1osaJ.y untreated.. Many broitcn (at CC%llCtmG
I,Avera~e s'Pacun; = 22" or 21 \0% gooa. i5% fair. ana 15% baa.. entis) and ~iit (at tic -piate a,reu Est. 2~ good..
:ies oer 39' rail length) 60~ fair. ana 38% bad.
I ('oliO 2000 If I 0 tumouu. al new SlOm!.! \MP 364.5) , 7wo lumOUlS 1#10) at Win'.!o\MP38S) 'Mdt "211
Turnouts I
wcauon ami icn~U1 of slCiings '......,tn i l~# n.u I i937 3nQ 194.6), 1h~ wmouu; ilL :"'3U (1936 ana i939) neeo. SWllcn tX)1nts rewoa:cd.
! Glenwooa sonn25 W'\Ie ana Slam25 may neeo SWllcn spnn~ lra!;S reotaccci. ana 20 tir:s ~laccC. Two
lIe SUOlecL La cnange peT ana irog p<JlJlLS rr:won:co. T'....o turnOULS at Cuban- TumOULSI#IO) atMP387.5 wun 100# raa(19rT
I lccnnOIO~Y ) dale COaJ. loaaout ton mam U:u:x: 1 ShOUld be t'I:?lacea. am! 1930) shOUld be n:?iaccd Wlth 115" nrii aDd &he
INun 11;ltr.u.L soum turnout n:ioca.tr:a. La ~~cnl traa. Two
turnouts at Woody Crca shouid be tc~lac:ed. with
11S8 nd ana Lhe mam tr.Ia and. siain~s at SOUI.b.
end re-.i.i~ca for stralgnt mam roUlC.
TIe Plates Mosliv double shoulder and usc.abl.e sim~le shOUlder. ~osaJ.y single shoulder with many smail.. non-
but some small. non-useaole unlicr 90# ana 100# usable l'lates under 608 to lOO# nil..No p1a.ta 1Il
mI. some l'1.a~
Joint Bars FourholcLypc. Maslon 1121 and ll~ltnil.tc Fear hole type. Some NswI (whClC COWftlli)_
._ W\1h Ii~' bolLs. boIu ... loose.
Spikes Two to wee ~ de 1'lau:. Mo. in good. QOCI,oiri-. Twopcrucl'iaIe. ManysmallcrlhmCUlftllll...
Soma. aced. 10 be rcaawn. duIi u well u rusteG and. bcal!..
Anchors Placed. for ,......h~"Mi di1cc:Uoo. ax.c::cpl at c:roainI.. MOOlinlOUlhlloulHiclilccli...onIy. ~_...
__ brid_.... CWR. miain.Ii:onI_ZlIiL
Grade Crossings S' , ....I..-,3_.3...,aa11._1 101. . uoci' 2"-, 1_.2upOo11.3
upbaII/Di1 (2 pm... _ DO"""""" 1 pabIio ~ I diIl(3 piftlawidl_.-
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RepIocc: 1_(S61 Replace: I upiWI. (50' at Hwy. 82. Wilm&o).
1_(20')
R_: 1~(2ll') 1...._....(30')
I uphalllrail (241
_" 2~(30'cacbl
Clean all flanacways. 2_(4O'aml331
Ck:m aIIl11D.owoys.
Bridges 0IlIl_____~"""_ OIlIl_....-_..._lDilaio....
lObe....... .....- ...........
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SUGGESTED ROGHT-OF-WAY, RESERVATIONS FOR
FUTIlRE EXTENSIONS OF ROADWAYS HITRIN
:HE CITY OF GLENWOOD SPRINGS.
8th STREET E::TENSIC;;, ?.ESERVE A 150'
R. 0 . \-.'.. CENTERED ON THE CENTERLINE, E.TIEND:
;':ESTERLY, OF 8th STREET, STATION 10 + 16 +
2. 27th STREET E.~TENSION, RESERVE AlSO'
R.O.H., CENTERED ON THE NORTH LINE OF
SECTION 21, T. 6 s., R 89 H., 6th P.M.,
STATION 91 + 48 ~
3. FUTURE CROSSING NEAR THE AIRPORT,
RESERVE AlSO' R.O.H. IN THE VACINITY OF
STATION 156 + 00 to STATION 163 + 00
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EXHIBIT "C"
Legal Description of the Portion of the Property
Owned by Pitkin County
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Filed far'nc"EcI."~___.P,r:.1969;"'~t~~AIl";"~"i';,~~ 'Y.
Rccepc1.... 110. l36967 ':,'~, . :,:. .. P.~;.,'~,'~" M, ',~" ,~,::;y R,,~~~-~i, .. "
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T!D:S DEED, made this 18th day of June, ,19lS9;:be1:WeeJ1,~::'::';"'C".,,'~~;;,
THE DENVER AND RIO GRANDE WE5'rE1m RAIU!.OAD COMll'AHY..a>;._.>;.;;',,',"::" '~~::
cortloracion duly organized and existing under' and by, virtue'" .~~"
of the laws of the State. of Delaware, of the first part" ".. ".'..
and THE CctlNTY OF PITKIN, a corporation duly orqaniZed and' '.',
exis~ing under and by virtue of the laws of the State of.
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Colorado, of the second part: ....
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WI'l'NESSETl!:
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That the Laid party of the first part, for. and in con-
sideratio01 of t.he Bum of T::m DOLLARS, to the said party of
the first part Ln hand paid by the said party of the second
part, the rece~pt whereof is hereby confessed and acknowledged,
hath remised, :eleased, sold, conveyed and QUITC~IMED, and
by these presents doth remise, release, sell, convey and
:UITCLAIM unto the said party of the second part, all the right,
:~tle. interest, claim and demand which the said party of the
~irst part hath in and to the following described land situate.
ly~ng and being in the County of Pitkin and State of Colorado,
t.o-wit:
~.;~
All of the lOO-foot wide right of way of The Denver
and Rio Grande Western Railroad Company beinq 50 feet
wLde on each side of the centerline of said Railroad
company's Aspen Branch main track, as ..aidl track w....,
formerly constructed and oper..ted over anQ across -
Sections 16, 21, NE~NE~ of Section 2a, SW~ of Section
35, Township 9 South, Range 85 West, Sixth ~Principal,
Meridian, and over and across the N~ of Section, 2,
W~ and SW~SE~ of Section 1, NE~ of Section 12 and
the SWidlw~ of Section 7 and that part of the INlfl(SWI(
of Section 7 lying westerly of the easterly bank of_'.:,
the Roaring Fork niver, Town..hip 10 South, Ranqe 65
West, Sixth Principal Meridian, alao all of tII1e. '.'
200-foot wide right of way of said Railroad COmpany. ';~;.J'L~..:':, t;
beinq 100 feet wide on each side of' the c_te:line '.'':: . " ::;;
of S'lid main track, as 'said track waa formerly con-. . " . '....
structed and oj;lerated over and. across Sec1:ioll 27;' . . . . ,'t'j;:v.;.;.,~.
tbe E~'of Section 34, Township 9'South, Range'SS: -. ,,.::'~c: ""1" .
West:, Sixth Principal Merid1an; .aDd 'OV8J:~poJ:t:ion.,', """'.'~: . ;;':. '
orSection 2, Tcnmship lO.~South;.. Range as. Wesc, .: '~_~':. ~.,< ~:..
Sixth Principal Meridian, al1'::Within;l'ltkin.~COImt:yil.~:; ~;.. '. ;
State of Colorado, together with the'.br:i.dges'overc *'.~" ""','<.'. ~:
the Roaring Fork River and Hunter creeJc. " !:~. .~.
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l[4,-, h:>1~!:~~':~.::',:".. . :G"C"8ooK:t~:r '~..'~;~...
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EXCEPTING from this deed,andreserving unt:o thll party' of 'c.
the first part, its SUCcessors and assigns forllv'l!r. a.ll..min_
erals and all mineral rights of every'kind and character new.
known to exist or hereafter discovered, including- withcu1:. .'
limiting the generality of the foregOing, oil and gas rights
thereto, together with the sole~ exclusive and perpetual, <
right to explore for, remove and dispose cf, ~aid minerals
by any means or methods suit,\ble to the party of the first
part, its successors and ass~gns, but without entering Upon
or using the surface of the lands hereby quitclaimed and in
such manner as not to damage ~e surface of ~aia lar.d~ or
to interfere with the use the~eof by the party of the second
part.
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TO HAVE AND TO HOLD the same, together with all and
singular the appurtenances and privileges thereunt~ belong_
lng, or in anywise thereunto appertaining, and all the estate,
~19ht, title, lnterest and claim whatsoever of the said party
-cf the first part, e1.ther ~n law or equity, to the only
~roper use, benefit and behoof of the said party of the
second part.
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By acceptance of this deed, the party of the second" part
~orees that said lands herein described shall be used for
public purposes and recreational uses only (i.e., equestrian,
uLcycle and walking path) and that no motor vehicles. shall
Le permitted thereon, except for repair, maintenance and
construction of the facility or repair, maintenance, and
'construction of utilities now existing or hereaft'!r' plaCed
upon, under or across said lands. Non-use of said land, for
the tis", herein granted, shall constitute abandonment and
en that event said lands shall revert to the party, of ..the,
[irst part, its successors or assigns. ,~,," .
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The land herein conveyed is subject to'all':prior ea._,...
,"cnts, including but not limited to, tho.. ,grantl!lCl to' the . "
Aspen Sanitation District and the A.pen M.tropolitan Sanitation' ',.
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Df;;WI'J!iIESS WHBREor, th.said' perty of"':th."f1J:.t:<>~~ '''''~_'''''''. . :.; ", "",
hath caused its corporat. n.... to. be "hR.nm1:o' sab.CldltjN;ti'{.;:;~~:~l~~,;,~lt.::~
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STATE OF COLORADo )
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CITY AND COUNTY OF DE9VER )
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The fore9oin9 instrument: waa
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" I - day of 1/- -
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Viee President and General
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