HomeMy WebLinkAboutresolution.council.061-98
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RESOLUTION NO. ~ l
Series of 1998
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF
ASPEN, COLORADO DEPARTMENT OF TRANSPORTATION AND THE FEDERAL
illGHW A Y ADMINISTRATION REGARDING THE ENTRANCE OT ASPEN FINAL
ENVIRONMENTAL IMPACT STATEMENT, AND AUTHORIZING THE CITY MANAGER
TO EXECUTE SAID AGREEMENTS ON BEHALF OF THE CITY OF ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council a Memorandum of
Understanding between the City of Aspen, the Color~do Department of Transportation, and the
Federal Highway Administration regarding the Entrance to Aspen Final Environmental Impact
Statement a copy of which is annexed hereto and made a part thereof.
NOW, WHEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO:
Section One
r That the City Council of the City of Aspen hereby approves the Memorandum of
I Understanding between the City of Aspen, the Colorado Department of Transportation, and the
Federal Highway Administration regarding the Entrance to Aspen Final Environmental Impact
Statement, a copy which is annexed hereto and incorporated herein" and does hereby authorize the
City Manager of the City of Aspen to execute said memorandum of understanding on behalf of the
City of Aspen.
Dated: rf 018'
,1998.
JOhns.k::MaY~:~
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a
true and accurate copy of ,eSOIUtiOn adopted by the City Council of the City of Aspen,
Colorado,at a meeting held - tJ J d:2 r ' 1998.
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JPW-07/2~/9B~3;\john\word\resos\mou-res.doc
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]uLY27,1998
MEi\;rORANDUM OF UNDERSTANDING
BETVVEEN THE
COLORADO DEPARTMENT OFTRAj'lSPORTATION
F'EDERALHIGHWAY ADMINISTRATION
AND
THE CITY OF ASPEN
FOR
THE ENTRANCE TO ASPEN
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I. PURPOSE
The purpose of this Memorandum of Understanding is to express and memorialize the
understandings and a.,oreements of the parties regarding the matters set forth herein and to
advance the planning and construction of the State Highway 82 Entrance to Aspen. The
parties desire to clear the way for early design, Right-of-vVay ,acquisition, and construction
on certain components of the project as soon as the Record of Decision is signed, including
those components listed in the section entitled Project Sequencing. The parties further
desire to recite and memorialize their mutual understandings concerning the projects and
associated mitigation proposals in order to address requirements of Section 4(0 of the
Department of Transportation Act of 1966, as anlended, and the Federal Aid Highway Act
of 1968, and to preserve and protect municipally-owned parklands, open spa"Ce,-recreation
areas, wetlands, and designated historic sites and structures. The parties, without intending
to waive any powers of eminent domain which either may possess under the laws and
Constitution of the State of Colorado, acknowledge prior commitments made by the
Colorado Department of Transportation to the City of Aspen that no solution for State
Highway 82 Entrance to A.spen shall proceed which is not acceptable to the City, and the
parties understand and hereby recognize that the City of Aspen is precluded by the terms
of its Home Rule Charter from conveying or changing the use of real property acquired for
open space purposes without first obtaining the approval of a majority of the electors of the
City of Aspen voting thereon. Accordingly, no term, condition, or provision of this
Memorandum of Understanding shall be interpreted or construed so as to be in conflict
with the. language of ballot question 2A approved by the electorate of the City of Aspen at
its November 5, 1996, election which authorized the City Council "to use or convey to the
State of Colorado Department of Transportation, necessary rights of way across City
owned property for a two lane parkway and a corridor for a light rail transit system."
II. PARTIES
The parties to this Memorandum are:
The City of Aspen, Colorado ("City.');
The Colorado Department of Transportation ("CDOT"); and
The Federal Highway Administration ('FHW A").
Although not a party to this agreement, Pitkin County, Colorado, ("County") \vill be
involved in this project. A. separate memorandum of agreement addresses specific issues
associated with Pitkin County.
III. MITIGATION PLA.l~
Mitigation measures fall into three categories: 1) Section 4(0 Resources; 2) Historic
Properties; and 3) Other Impacted Resources. Prior to commencement of construction of
the two-lane parkway with a corridor for a light rail transit system, and subject to the
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provisions ofIILA.4.i, below, CDOT shall replace the open space and public recreation
land taken ,vith CDOT O\med property at the former Mills Ranch located at the
intersection of State Highway 82 and Brush Creek. Road .and ,,~th vacated Right-of-vVay
from existing State Highway 82 between Maroon Creek intersection and 7th and Main
Streets. CDOT shall convey the vacated State Highway 82 Right-of-Way by quitclaim deed
'to the City. CDOT shall convey the replacement property from Mills Ranch as public open
space by quitclairn deed to the City and County, each to hold an undivided interest in the
property.
Prior to conveying the portion of the Mills Ranch as replacement land to the City and
County, CDOT shall create a transportation easement over the Mills Ranch for a future
bridge across the Roaring Fork River. Such future bridge use shall be agreed to'by the City,
County, and CDOT. In the event that such a bridge is determined.by CDOT, the City and
the County, not to be necessary, CDOT shall remove the easernent. Appended hereto as
Exhibit "A" are a map and legal description that depict the area of the Mills Ranch to be
conveyed to the City and County. E..xcept as provided hereinafter, the portion of the Mills
Ranch to be conveyed by CDOT shall be subject to restrictions on the sale or change in
use provided in City of Aspen yrunicipal Charter, Article XIII, Section 13.4, or Pitkin
County Home Rule Charier Article XIII. Section 13.5.3, as applicable. The
aforementioned restriction shall neither be applicable to exchanges between the City and
County nor to any portion of the Mills Ranch, identified by the City and County prior to
the transfer of title to the NIills Ranch, that is to be used for an affordable housing project;
provided that the City or County dedicate and restrict as open space an equivalent amount
and value of land in the vicinity of the Mills Ranch which shall be subject to such charter
restrictions.
The parties acknowledge that the value of the replacement property is equal to or greater
than the value of the property taken. The parties further acknowledge that the actual
amount of land to be taken can not be determined until after final design and engineering is
completed for the project. Prior to the conveyance of any property to the City, CDOT
. shall cause to be prepared a title commiunent for the property. The City shall not
unreasonably object to exceptions in the title commiunent.
A. Section 4(1) Resources
There are four City-owned parcels of Section 4(1) resources impacted by the transportation
project and construction of the new Maroon Creek Bridge and Castle Creek Bridge. These
are:
The Aspen Trail System
The Zoline Ranch Open Space.
The Aspen City Golf Course / Plum Tree Playing Field.
The Marolt-Thomas Open Space.
The City agrees to provide permanent and temporary easements, as described herein, at no
cost to CDOT for completion of the transportation improvements. CDOT agrees to
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mitigate all impacts to the Section ~(f) resources listed above in the foIlo"ing manner.
1. Aspen Trail System
a. CDOT shall relocate, re-grade and re-pave all trails that are disturbed or impacted
by the widening and/or realignment of State Highway 82. New trail segments shall be
relocated at or near their present locations and the connections shall be constructed in
accordance with the AspenIPitkin County Trail System. The relocation and re-paving of all
trails shall be made in accordance to standards adopted by the City for its trail system.
b. CDOT shall relocate the existing paved trail adjacent to the Plum Tree Playing
Field to provide a continuous trail.
c. CDOT shall reconstruct impacted portions of the paved trail on the north side of
the new State Highway 82 alignment extending from the new Maroon Creek Bridge to the
Maroon Creek/Castle Creek Road intersection. The new trail shall be constructed prior to
the construction of State Highway 82 so as to facilitate uninterrupted pedestnan/bicycle
travel along the transportation corridor. Durini5 the period of construction of the new
Maroon Creek Bridge, trail users shall be routed around the construction site on existing
trails.
d. CDOT shall construct an additional paved pedestrian underpass under State
Highway 82 at or near the roundabout at the 7vIaroon Creek intersection and shall prepare
design and engineering reports for the construction of a paved pedestrian underpass under
State Highway 82 at or near the driveway entrance to the Aspen Golf Course/Truscott
Place.
e. Appended hereto as Exhibit B is a map indicating the location of all trails that ,vill
require relocation. The exact location of all trails to be relocated shall be approved by the
City's Parks Department before any construction commences that requires a trail or
portion of a trail to be relocated.
2. Zoline Ranch Open Space
a. CDOT shall not utilize more than 1.5 acres of the Zoline Ranch Open Space.
b. CDOT shall constrain all construction activities to the temporary and permanent
easements as provided by the City.
c. CDOT shalllirnit roadway shoulder widths to 10 feet.
3. Aspen City Golf Course / Plum Tree Playing Field (excluding Maroon Creek
Basin)
a. CDOT'shall not utilize more that 1.2 acres from the Aspen City Golf Course /
Plum Tree Playing Field (excluding the Maroon Creek Basin). The part of the properties
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that are impacted are underdeveloped and are not used for any recreational purposes at
this time. An additional 0.5 acres is needed from the Maroon Creek Basin, which was
considered part of the Golf Course in the FEIS. This results in a total impact to the Golf
Course of 1.7 acres. The 0.5 acres is reported separately in the Maroon Creek Basin
section of this Memorandum.
b. CDOT shall construct the new Maroon Creek Bridge to include a suspended
pedesoian / bike access. CDOT shall work with the City's Parks Department to design the
best method for mitigating the need for an east-side abutment to avoid impacts to the
playing field. Title to the suspended walkway shall be conveyed to the City by a bill of sale.
. The suspended walkway shall be maintained in perpetuity by the City of Aspen.
4. Marolt-Thomas Open Space (excluding Castle Creek Drainage Area)
a. CDOT shall utilize no more than 4.6 acres for the realignment and widening of the
State Highway 82 transportation corridor through the Marolt-Thomas parcel (excluding the
Castle Creek Drainage Area). An additional 0.8 acres is needed from the Castle Creek
Drainage Area, which was considered part of the Marolt-Thomas Property in the FElS.
This results in a total impact to the Marolt-Thomas Property of 5.4 acres. The 0.8 acres is
reported in the Castle Creek Drainage Area section later in this memorandum.
b. CDOT shall convey by quitclaim deed to the City all its right, title and interest in
the existing State Highway 82 Right-of-vVaybet:ween the Maroon Creek and Cemetery
Lane intersections consisting of approximately 1 acre once State Highway 82 is relocated to
the new corridor alignment across the Marolt-Thomas open space parcel. Appended
hereto as Lxhibit C is a map depicting the land area to be conveyed to the City.
c. CDOT shall be allowed to cross existing trails on the Marolt-Thomas Open Space
to access Castle Creek Bridge in the case of an emergency.
d. CDOT shall provide grading and landscaping to continue the open space over the
cut and cover tunnel, thereby returning 1.5 acres of open space.
e. CDOT shall remove all pavement for those sections of the existing State Highway
82 conveyed to the City and shall re-grade and re-vegetate such areas.
f. CDOT shall reconfigure and reconstruct the Cemetery Lane/ State Highway 82
intersection so as to realign Cemetery Lane for direct access to Hallam Street
g. CDOT shall provide adequate vegetative screening between State Highway 82 and
pedesoian paths.
h. . The City shall grant to CDOT the temporary and permanent easements described
below for construction upon and use of the Marolt-Thomas open space for a two lane
parkway and corridor for a light rail transit system. CDOT shall constrain all construction
activities and uses to the temporary and permanent easements as provided by the City.
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(1). A temporary construction easemeht not to exceed 200 feet in width.
(2). A permanent easement for a platform width for a two-lane parkway, median
strips, and corridor for a light rail transit system which shall not exceed 93.5 feet in
width from Maroon Creek Road to ith and Main Street, excluding the Cut and
Cover tunnel which shall not exceed 78.5 feet in width and the Castle Creek Bridge
which shall not exceed 73 feet in width.
(3). A permanent Right-of."Way width to accommodate the platform, construction
slopes, utilities, drainage, structures, pedestrian needs, and maintenance needs as
determined necessary by CDOT provided the maximum Right-of.W,\y width not
exceed 130 feet from Maroon Creek Road to 7th and Main Street, excluding the
Cut and Cover tunnel which shall not exceed 200 feet in width, and the Castle
Creek Bridge which shall not exceed 90 feet in width.
i. CDOT shall pro,ide for uninterrupted temporary and permanent access to the
Marolt residence, the Marolt Historic Barn, and the Marolt storage shed during and after
construction of the new transportation system. Access routes shall be approved by the City
prior to, during, and after construction.
j. CDOT shall avoid the existing hang-gliding and para-sailing landing zone during
construction.
k. CDOT shall work cooperatively ,vith the City and RFT.-\ to design an interim
solution to the 8th Street transfers prior to the construction of the Maroon Creek
intersection roundabout or the abandonment of the existing SH82 roadway between
Cemetery Lane to the Maroon Creek Intersection.
B.
Historic Properties
There are two historic properties "ithin the City limits that are impacted by the
transportation project and construction of the new Maroon Creek Bridge and Castle Creek
Bridge. These are:
Existing Maroon Creek Bridge
Holden Smelting and Milling Complex
The City agrees to pro,ide permanent and temporary easements at no cost to CDOT for
completion of the transportation improvements. CDOT agrees to mitigate all impacts to
the historic properties listed above in the following manner.
1.
Existing Maroon Creek Bridge
a. CDOT shall retain title, o\\nership and maintenance responsibility for the existing
Maroon Creek Bridge until the Light Rail Transitcomponent is completed.
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r" b. CDOT shall convert the existing :\iIaroon Creek Bridge to a light rail structure
corridor as part of the light rail construction. At the completion of this construction, title to
this bridge shall be conveyed by a bill of sale to the City. The maintenance of the light rail
bridge shall be the responsibility of the entity operating the light rail system and be
maintained as a historic resource in perpetuity. Prior to conveying the bridge to the City,
CDOT shall certi(v that the bridge load ratings are in accordance with the American
Association of State Highway and Transportation Officials (AASHTO) Manual for
Condition Evaluation of Bridges, current edition, and the CDOT Bridge Rating Manual,
current edition, and that the sufficiency rating is in accordance with FHVV A Recording and
Coding Guide for Structure InventoIY and Appraisal of the Nation's Bridges, 1998. CDOT
shall inspect, appraise and rate the bridge as part of the regular CDOT bridge inspection
schedule for a period of twenty-five years. In the event the bridge requires load po~ting or
the sufficiency rating is below fifty in any given year within the twenty-five year period,
CDOT shall make whatever corrective repairs are necessary to remove the load posting
and/or bring the sufficiency rating to fifty or above.
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c. CDOT shall at all times prior to the completion and placement into regular use of
the new Maroon Creek Bridge, maintain the existing Maroon Creek Bridge in
conformance with all safety, structural and maintenance standards so that it can remain in
full unrestricted use for vehicle traffic and then converted to a light rail structure.
2. Holden Smelting and Milling Complex
a. CDOT shall avoid the boundary of the Holden Smelting and Milling Complex.
The boundary shall be staked in the field prior to the. commencement of construction
activities and the location of the stakes shall be verified by the City.
C. Other Impacted Areas
1. Maroon Creek Basin
a. Including the area under the bridge, the new Right-of-Way required for the new
bridge shall not exceed 0.5 acres. Within this 0.5 acres, no more than .1 acres shall be
used for the placement of the piers for the new Maroon Creek Bridge.
b. The temporary easement needed from the Maroon Creek Basin for construction
of the bridge piers will be no more than 1.1 acres.
c. The temporary impact to wetlands within the Maroon Creek Basin for construction
of the bridge piers will be no more than .2 acres.
d. The permanent highway easement width across the drainage area shall not exceed
90 feet.
e. CDOT shall only utilize those temporary and permanent easements as granted by
the City to access the construction site, construct the new bridge and rehabilitate the
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existing bridge.
f. CDOT shall only utilize those temporary and permanent easements as granted by
the City for inspection and repair of the bridges subsequent to their construction and
rehabilitation.
g. All trails and/or trail easements utilized for construction or construction access to
the new bridge shall be fully restored, and currently paved trails shall be re-paved upon
completion of the project.
h. CDOT shall provide, to the extent possible, wetland mitigation onsite .for all the
wetlands impacted by the construction placement and rehabilitation of the bridge 'piers, and
such wetlands mitigation shall be provided either within existing CDOT Right-of-Way or
permanent easements granted by the City. All mitigation measures must be reviewed and
agreed to by the City, the Army Corps of Engineers, and the Colorado Division of
Wildlife.
2. Castle Creek. Drainage Area
a. Including the area under the bridge, the Right-of-vVay required for the new bridge
that is also part of the Marolt-Thomas property shall not exceed 0.8 acres. Within this 0.8
acres, no more than .1 acres shall be used for the placement of the piers for the new Castle
Creek Bridge.
b. The temporary easement needed from the Castle Creek Basin for construction of
the bridge piers will be no more than 0.8 acres.
c. The temporary impact to wetlands within the Castle Creek drainage area for
construction activity shall be no more than 0 acres.
d. The permanent transportation corridor easement ,vidth across the drainage area
shall not exceed 90 feet.
e. CDOT shall only utilize those temporary and permanent easements as granted by
the City to access the construction site and construct the new bridge.
f. CDOT shall only utilize those ternporary and permanent easements as granted by
the City for inspection and repair of the new bridge subsequent to its construction.
g. All trails and/or trail easements utilized for construction or construction access to
the new bridge shall be fully restored, and currently paved trails shall be repaved upon
completion of the new bridge.
h. CDOT shall provide wetland mitigation onsite for all the wetlands impacted by the
construction and placement of the bridge, piers, and such wetlands mitigation shall be
provided either within existing CDOT Right-of-Way or permanent easements granted by
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the City. All mitigation measures must be reviewed and agreed to by the City, the Army
Corps of Engineers, and the Colorado Division or-Wildlife.
IV. Summary of Open Space and Public Recreation Land Replacement
Parcel Permanent Easement Returned Acreage Replacement Acreaee
Zoline 1.5 acres 1.5 acres
Aspen Golf I Plum Tree Field 1.2 acres 1.2 acres
Maroon Creek Basin 0.5 acres 0.5 acres
Marolt-Thomas Open Space 4.6 acres 2.5 acres 2.1 acres
Castle Creek Basin 0.8 acres 0.8 acres
Totals: 8.6 acres 2.5 acres 6.1 acres
V.
Existing Roadway from Cemetery Lane to 7th and Main Streets
After construction of the project segment from the Maroon/Castle Creek intersection to
7th and Main, CDOT shall grant to the City by quitclaim deed the Right-of-Way from
Cemetery Lane to 7th and Main Street. Prior to conveying the Castle Creek Bridge to the
City, CDOT shall certiI:v that the bridge load ratings are in accordance with the American
Association of State Highway and Transportation Officials (AASHTO) Manual for
Condition Evaluation of Bridges, current edition, and the CDOT Bridge Rating Manual,
current edition, and that the sufficienc~' rating is in accordance "~th FHYV A Recording and
Coding Guide for Structure Inventory and ;\ppraisal of the Nation's Bridges, 1998. CDOT
shall inspect, appraise and rate the bridge as part of the regular CDOT bridge inspection
schedule for a period of twenty-five years. In the event the bridge requires load posting .or
the sufficiency rating is below fifty in any given year within the twenty-five year period, .
CDOT shall make whatever corrective repairs are necessary to remove the load posting
and/or bring the sufficiency rating to fifty or above. Following this twenty-five year period,
the City shall maintain the existing Castle Creek Bridge and roadway from Cemetery Lane
to 7th and Main in conformance ,,~th all safety, structural and maintenance standards
applicable to the bridge and roadway so that it shall remain in full and unrestricted use for
vehicular and pedestrian traliic.
VI.
Median Widths
1. CDOT shall install landscaped medians in the new transportation corridor
extending from the east end of the Maroon Creek Bridge to the west end of the new cut
and cover tunnel. The typical width of the rnedian will be 12 feet from back of curb to back
of curb. However, the width of the rnedian varies along this stretch of the corridor. Such
median shall allow for raised planters, and shall be equipped with underground irrigation.
Both the design of the raised planters and the underground irrigation system shall be
subject to the City's review and approval, such approval not to be unreasonably withheld.
The City shall be responsible for planting the median, and maintenance of the plantings
within the City limits.
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') CDOT shall install wide medians where feasible, which rnay include raised
planters, along the balance of the hew transportation corridor situated within the City. The
typical width of the median will be 16 feet from the inside edge of shoulder to inside edge
of shoulder. However, the width of the median varies along this stretch of the corridor.
Planter details shall be determined at the final design stage in consultation with the Citv.
the City shall be responsible fOr planting the median area and maintenance of the .
plantings within the City limits. .
VII. Easements
1. The parties having made every effort to identify and agree upon the maximum
acreage for permanent easements recognize that adjustments may become necessary as a
result of final design and engineering. Therefore, the City agrees to grant and convey to
. CDOT permanent easements exceeding the acreage reflected in paragraph IV, if
reasonably required by the final design and engineering.
2. The City shall also grant and convey to CDOT an additional 20 foot wide
temporary construction easements adjacent to the permanent easements which shall expire
upon completion of that component of construction for which it is needed. The City also
agrees to grant and convey CDOT additional temporary construction easements adjacent
to the permanent easements shown reasonably necessary for project construction. All
temporary construction easements shall expire upon completion of that component of
construction for which it is needed.
3. CDOT shall re-vegetate and landscape all temporary easement premises upon
completion of the highway project.
4. CDOT shall not undertake any construction activity on City-o\med land outside the
temporary and permanent easements as provided for herein absent written authorization
from the City.
5. CDOT shall confirm all parcel descriptions for impacted and/or exchanged land,
and all as-built highway, transit, bridge and easement dimensions as generally described
above by current survey prepared by a licensed surveyor.
VIII. Miscellaneous
1. CDOT shall minimize to the ma:l:imum extent practicable disturbance and/or
destruction of existing vegetation.
2. CDOT shall repair all damage or disturbance caused by construction activities to all
City-owned land and/or structures upon completion of the highway project. This shall
include landscaping, berming and fe-seeding all disturbed land pursuant to the agreed upon
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o landscape plan. Native plant species of grass, shrubs and trees indigenous to the Aspen area
shall be used for landscaping, unless the same are unavailable. The City shall approve all
final landscaping, such approval not to be unreasonably withheld. The City will be
responsible for maintenance of landscaping within the transportation corridor.
3. CDOT shall provide the City access to ana input into final highway and bridge
design for that portion of the project to be constructed within the City or on City-owned
land. The City shall be entitled to review and agree to all final bid packages applicable
thereto, such review and approval not to be unreasonably withheld. The City's Assistant
City Manager shall act as the City's contact person for all design and construction activities.
4. The City, County and CDOT shall each implement, maintain, and fund their
respective portion of the Incremental Transportation Management Program in accordance
with the program requirements defined in the Final Environmental Impact Statement to
maintain the overall goal of the program.
IX. Project Phasing
CDOT shall work cooperatively with the City to construct the fol1o'~g highway
components of the preferred alternative as soon as possible:
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- Maroon/Castle Creek Roads - State Highway 82 intersection and intermodal
transfer center
- Maroon Creek Bridge
- Airport Business Center to Buttermilk, including the realignment of Owl Creek
Road and the signalized, channelized intersection at State Highway 82 and
Buttermilk.
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It is understood that these projects will require both privately owned, City owned, and
County owned Right-of-'Way. These projects will proceed into construction only after all
Right-of-Way transactions are complete.
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x.
Amendments
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This Memorandum of Understanding may only be amended upon written agreement of all
of the parties.
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IN WITNESS WHEREOF, the parties have placed their signatures by and through their
duly authorized representatives on the date(s) as indicated.
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Colorado Department of Transportation
By: LA. )~_ju....l_
~'D",ct"'~ -
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Date
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City of Aspen
.,-li ~~V~
Amy ~~, City Manage
- 7L2!3/93
Date
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Federal Highway Administration
By:_ ~ 4~~
James Yes, Division Administrator
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JULY 27, 1998
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MEMORANDUM OF UNDERSTANDING
between
the
COLORADO DEPARTMENT OF TRAl'lSPORTATION
FEDERAL HIGHWAY ADMINISTRATION
and
PITKIN COUNTY
for
THE ENTRANCE TO ASPEN
Page 1 of 5
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Memorandum of Understanding
Entrance to Aspen
o
PuRPOSE
The purpose of this Memorandum of Understanding is to express and memorialize the understandings and'
agreements of the parties regarding the matters set forth herein and to advance the planning and construction of
the State Highway 82 Entrance to Aspen Project. The parties desire to clear the way for early design, right-of-
way acquisition, and construction on certain components of the project as soon as the Record of Decision is
signed, including those components listed in the section entitled Project Sequencing. The parties further desire
to recite and memorialize their mutual understandings concerning the projects and associated mitigation
proposals in order to address requirements of Section 4(1) of the Department of Transportation Act of 1966, as
amended, and the Federal Aid Highway Act of 1968, and to preserve and protect municipally-owned parklands,
open space, recreation areas, wetlands, and designated historic sites and structures.
PARTIES
The parties to this Memorandum are:
Pitkin County, Colorado ("County"):
The Colorado Department of Transportation ("CDOT"): and
The Federal Highway Administration ("FHW A").
Although not party to this agreement, The City of Aspen ("City") will be involved in this project. A separate
agreement exists with the City.
MITIGATION PLAN
There is a County-owned parcel of Section 4(1) resources impacted by the transportation project and construction
of the Moore Intermodal Transfer Center. This is the Moore Open Space. CDOT has determined to acquire a
portion of this property through eminent domain proceedings.
CDOT agrees to mitigate all impacts to the Section 4(1) resource listed above in the following manner.
Moore Open Space
. Based on studies to date, CDOT does not anticipate using more than 1.5 acres of the Moore Open Space.
. CDOT shall contain all construction activities to the temporary and permanent easements as provided by the
County.
. CDOT, prior to commencement of construction, shall replace the open space taken with CDOT owned
property at the former Mills Ranch located at the intersection of State Highway 82 and Brush Creek Road.
CDOT shall convey the replacement property from Mills Ranch as public open space by quitclaim deed to
the City and County, each to hold an undivided interest in the property. Prior to conveying the replacement
land to the City and County, CDOT shall create a transportation easement over the Mills Ranch for a future
bridge across the Roaring Fork River. Such future bridge use shall be agreed to by the City, County, and
CDOT. In the event that such a bridge is determined by CDOT, the City and the County not to be necessary,
CDOT shall remove the easement. Appended hereto as Exhibit "A" are a map and legal description that
depict the area of the Mills Ranch to be conveyed to the City and County. The portion of the Mills Ranch to
Page 20f5
Memorandum of Understanding
Entrance to Aspen
("
be conveyed by CDOT shall be subject to restrictions on the sale or change in use provided in City of Aspen
Municipal Charter, Article xm, Section 13.4, or Pitkin County Home Rule Charter Article xm, section
13.5.3, as applicable. The parties acknowledge that the value of the replacement property is equal to or
greater than the value of the property taken. The parties further acknowledge that the actual amount of land
to be taken cannot be detennined until after final design and engineering is completed for the project. The
parties agree that th~ replacement property, formerly part of the Mills Ranch, constitutes just compensation
for the land taken from and any damages to the remainder of the Moore Open Space through the CDOT
initiated eminent domain proceedings.
EXISTING MAROON CREEK PEDESTRIAN BRIDGE
. CDOTshall remove the pedestrian bridge, and relocate the segments of the bridge to the Pitkin County
Public Works yard. The bridge shall remain the property of Pitkin County.
MEDIAN WIDTHS
. CDOT shall install medians in the new transportation corridor extending from the east end of Maroon Creek
to the west end of the cut and cover tunnel. Such median shall allow raised planters, and shall be equipped
with underground irrigation. CDOT is responsible for obtaining water for all irrigation and will be solely
responsible for any associated costs including tap fees. The typical width of the median will be 12 feet from
~. back of curb to back of curb. The width of the median, however, varies along this stretch of the corridor. The
landscaping and maintenance of the medians outside the City limits and within the project limits shall be
borne by the County in perpetuity. The details of the County's responsibility for maintenance of the medians
outside the city limits and within the project limits shall be specified in a maintenance agreement to be
executed between CDOT and the County. .
RIGHT-OF-WAY ISSUES
. The County shall also grant and convey CDOT additional 20 foot wide temporary construction easements
adjacent to the permanent easements which shall expire upon completion of that component of construction
for which it is needed. The pennit, easements and temporary construction easements are more completely
described in Exhibit "B".
. CDOT shall revegetate and landscape all temporary easements to the satisfaction of the County upon
completion of the transportation project.
. CDOT shall confirm all parcel descriptions for impacted and/or exchanged land, and all as-built highway,
transit, bridge, and easement dimensions as generally described above by current survey prepared by a
licensed surveyor.
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Page 30f5
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Memorandum of Understanding
Entrance to Aspen
o PROJECT SEQUENCING
. CDOT shall work cooperatively with the County to construct the following highway components of the
preferred alternative as soon as possible:
-Maroon/Castle Creek State Highway 82 intersection
-Owl Creek Road/Highway 82 Pedestrian Underpass
-Maroon Creek Bridge
-Bus Priority Lane from Shale Bluffs to Buttennilk
-Airport Business Center to Buttennilk, including the realignment of Owl Creek Road and the signalized,
channelized intersection at State Highway 82 and Buttennilk.
. It is understood that these projects will require both privately owned, City owned, and County owned right-
of-way. These projects will proceed into construction only after all right-of-way transactions are complete.
. Concerning the realignment of Owl Creek Road and the future construction of the Buttennilk intercept lot,
the right-of-way acquisition of property for the construction of those features shall be done in partnership
between CDOT and the County.
t MISCELLANEOUS
. CDOr shall minimize to the maximum extent practicable disturbance and/or destruction of existing
I r-- vegetation.
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. CDOT shall repair all damage or disturbance caused by construction activities to all County-owned land
and/or structures upon completion of the transportation corridor project. This shall include. landscaping,
benning and re-seeding all disturbed land pursuant to the agreed upon landscape plan. Native plant species of
grass, shrubs and trees indigenous to the Aspen area shall be used for landscaping, unless the same is
Ul\available. The County shall approve all final landscaping.
. CDOT shall provide the County access to and input into final highway and bridge design for that portion of
the project to be constructed within the County or on County-owned land and the County must review and
agree to all final bid packages applicable thereto. The County's Director of Public Works shall act as the
County's contact person for all design and construction activities.
. The County and the City of Aspen shall implement, maintain, and fund the Incremental Transportation
Management Program in accordance with the program requirements defined in the Final Environmental
Impact Statement to maintain the overall goal of the program.
Page 4 of 5
Memorandum of Understanding
Entrance to Aspen
r
AMENDMENTS
This Memorandum of Understanding may only be amended upon written agreement of all of the parties.
IN WITNESS WHEREOF, the parties have placed their signatures by and through their duly authorized
representatives on the date(s) as indicated.
Colorado Department of Transportation
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By: (A)~du-L
r~ D;re,oo, -.
Pitkin County
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By: ~
Suzanne
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Federal Highway Administration
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