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HomeMy WebLinkAboutresolution.council.096-99 RESOLUTION NO. ~P (Series of 1999) A RESOLUTION OF THE CITY COUNCIL OF ASPEN, COLORADO, AUTHORIZING PROCEEDINGS IN EMINENT DOMAIN TO JOINTLY ACQUIRE PROPERTY WITH THE COLORADO DEPARTMENT OF TRANSPORTATION WHEREAS, the Colorado Department of Transportation ("CDOT') is commencing right-of-way acquisition for the Highway 82 expansion from the airport to Buttermilk, and will need to acquire portions of property owned by the Maroon Creek Limited Liability Company; and WHEREAS, CDOT has requested that the City of Aspen join in acquisition of a portion of the Maroon Creek Limited Liability Company property to further various City objectives as well, inchid'mg the construction or relocation of pedestrian trails along Highway 82; and WHEREAS, the portions of the property to be acquired by eminem domain are identified in Exhibitsl appended hereto and hereby incorporated by reference; and WHEREAS, it is necessary for the City ro acquire the properties for the following public purposes: acquisition of the properties will facilitate the relocation and construction of pedestrian trails along state Highway 82 for the benefit of the citizens of Aspen; and WHEREAS, the City of Aspen has condemnation authority to acquire property for City purposes pursuant to the Colorado Constitution and the City Charter of the City of Aspen; and WHEREAS, CDOT has the funding necessary for the acquisition of the properties, and will acquire the property in co-ownership with the City of Aspen. CDOT has represented that the appraisal process, the negotiations, and the lead legal role in any necessary condemnation proceedings would be undertaken by CDOT through the state's Attorney General's Office; and WHEREAS, acquisition of the properties is in the public interest. NOW, THEREFORE, be it resolved by the City Council of the City of Aspen, Colorado, that: Section 1: Proceedings in eminent domain as co-petitioners with the Colorado Department of Transportation for acquisition of the Property is hereby author'zzed and the City staff is authorized and directed to work with the Attorney General's Office and the Colorado Department of Transportation as necessary top finalize the acquisition and sign such documents as may be necessary for such purposes. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the ~'- day of ~, 1999. I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a tree 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. JPW-09/27/99-G: ~] ohn\word\ resos \CDOT-condemnation2. doc COLORADO DEPARTMENT OF TRANSPORTATION AND CITY OF ASPEN ACCESS RIGHTS TO BE ACQUIRED FROM PARCEL NO. 111 Maroon Creek, LLC. STA. 866+ TO STA. 886+ FOR PROJECT NO. NH 0821-051 UNiT 1 STATE HIGHWAY NO. 82 S.H. 82 PE CORRIDOR EXHIBIT "B" ~ PROJECT NUMBER: NH 0821-051 UNIT 1 · ACCESS PARCEL NUMBER: 111 Project Code: 12269 Date: September 1, 1999 DESCRIPTION EACH AND EVERY RIGHT OR RIGHTS OF ACCESS OF THE GRANTOR to and from any part of the right of way of Colorado State Highway No. 82, a Highway established according to the laws of the State of Colorado, and from and to any part of the property of the Grantor in the Southwest Quarter of Section 2 and in the Southeast quarter of Section 3, Township 10 South, Range 85 West, of the Sixth Principal Meridian, in Pitkin County, Colorado, abutting upon said Highway, along or across the access line or lines described as follows: NH 0821-051 UNIT 1 111 Easterly (Project No.) (Parcel No.) (Location of Line) BEGINNING at a point on the Northerly line of Stage Road as shown on the Final Subdivision Plat & P.U.D. for Maroon Creek Club, recorded in Plat book 33, Pages 4 through 12, in the records of Pitldn County, from which the Southeast comer of said Section 3 bears South 47° 54' 39" West, a distance of 846.22 feet; 1. Thence North 43° 39' 07" West, a distance of 202.26 feet; 2. Thence North 37° 52' 00" West, a distance of 568.47 feet; 3. Thence North 51° 23' 34" West, a distance of 112.39 feet; 4. Thence North 37° 56' 36" West, a distance of 452.43 feet: 5. Thence North 21° 36' 32" West, a distance of 108.73 feet: 6. Thence North 21° 28' 21" West, a distance of 264.98 feet; 7. Thence North 02° 26' 30" West, a distance of 223.74 feet; 8. Thence North 19° I0' 53" West, a distance of 29.60 feet to a point on the Northerly line of Common Area "E", as shown on said Final Plat of Maroon Creek Club, and the point of terminus of this description; NO ACCESS POINT BASIS OF BEARING: South 89012' 25" East. 2,703.97 feet, along the South line of the Southeast Quarter of Section 34. Township 9 South, Range 85 West, of the Sixth Principal Meridian. The South Quarter comer of Section 34 being a 2.5" G.L.O. Brass cap, The Southeast comer of Section 34 ? PREPARED BY: .- -~ . ~ ,< :.. x, . Ronald E, Ilk, PLS 24313 5 .~ /o? _q/~//,Cq~. c~ ~ MKCentennial ' :~ ~ 24~1~ .-. a: ~- P.O. Drawer 1307 Arvada, CO 80001 H:\157323XROWXLEGALS~AC- l 1 I.WPD Page 2 COLORADO DEPARTMENT OF TRANSPORTATION AND CITY OF ASPEN PERMANENT EASEMENT TO BE ACQUIRED FROM PERMANENT EASEMENT NO. PE-111 Maroon Creek, LLC. STA. 866+ TO STA. 878+ FOR PROJECT NO. NH 0821-051 UNIT 1 STATE HIGHWAY NO. 82 S.H. 82 PE CORRIDOR EXHIBIT "A" PROJECT NUMBER: NH 0821-051 UNIT 1 PERMANENT EASEMENT NO. PE-111 Project Code: 12269 Date: September 20, 1999 DESCRIPTION A permanent easement No. PE-111 of the Department of Transportation, State of Colorado, Project No. NH 0821-051 Unit 1 and the City of Aspen, Colorado, containing 1.696 acres more or less, being a part of Common Area "E", Final Subdivision Plat & P.U.D. for Maroon Creek Club, recorded in Plat book 33, Page 4, in the records of Pittdn County, in the Southwest Quarter of Section 2 and in the Southeast Quar;er of Section 3, Township 10 South, Range 85 West of the Sixth Principal Meridian, in Pitldn County, Colorado, said permanent easement being more particularly described as follows: BEGINNING at a point on the Northerly line of Common Area "E" as described in the Final Subdivision Plat & P.U.D. for Maroon Creek Club, recorded in Plat Book 33 at Page 4, in the records of Pitkin County from which the Northeast corner of said Section 3 bears North 14° 15' 32" East, a distance of 3,176.35 feet; 1. Thence South 59° 41' 40" East, along said Northerly line a distance of 98.33 feet to the Northeast Corner of said Common Area "E": 2. Thence South 14° 26' 18" East along the Easterly line of said Common Area, a distance of 539.40 feet; 3. Thence South 41° 40' 11" East continuing along said Easterly line,, a distance of 595.39 feet; 4. Thence South 50° 33' 23" West, a distance of 58.91 feet; 5. Thence North 51° 23' 34" West, a distance of 112.39 feet; 6. Thence North 37° 56' 36" West. a distance of 452.43 feet; 7. Thence North 21 ° 36' 32" West, a distance of 108.73 feet: 8. Thence North 21° 28' 21" West, a distance of 264.98 feet: 9.. Thence North 13° 24' 49" West, a distance of 287.39 feet to the Point of Beginning. The above described permanent easement contains 73.872 square feet ( 1.696 acres), more or less. The above described permanent easement acquired for the construction and maintenance of a roadway and pedestrian, bicycle path. BASIS OF BEARING: South 89° 12' 25" East, 2703.97 feet, along the North line of the Northeast Quarter of Section 3, Township 10 South, Range 85 West, of the Sixth Princi ,ai Meridian. The North Quarter corner of Section 3 being a 2.5" G.L.O. Brass cap and the Northeast corner of Sectio~ ~l¢~l~/~'a,~,~," Brass cap, LS 9184, 1994. PREPARED BY: ? ~ ~...?~,~"~...% ~'~ Ronald E. Ilk, PLS 24313 ~ ~,~ '-/':----'~ ~- MKCentennial ~~ .-24518 10822 W. Toiler Drive \ :.,_.. COLORADO DEPARTMENT OF TRANSPORTATION AND CITY OF ASPEN REAL PROPERTY TO BE ACQUIRED FROM PARCEL NO. 111,Rev. Maroon Creek, LLC. STA. 865+ TO STA. 886+ FOR PROJECT NO. NH 0821-051 UNIT 1 STATE HIGHWAY NO. 82 S.H. 82 PE CORRIDOR EXHIBIT "A" PROJECT NUMBER: NH 0821-051 UNIT 1 PARCEL NUMBER: lll-Rev. Project Code: 12269 Date: September 1, 1999 DESCRIPTION A tract or parcel of land No. 111-Rev. of the Department of Transportation, State of Colorado, Project No. NH 0821-051 Unit I and City of Aspen, Colorado, containing 2.684 acres more or less, being a part of Common Area "E", Final Subdivision Plat & P.U.D. for Maroon Creek Club, recorded in Plat book 33, Pages 4 through 12, in the records of Pitkin County, in the Southwest Quarter of Section 2 and in the Southeast Quarter of Section 3, Township 10 South, Range 85 West of the Sixth Principal Meridian, in Pitkin County, Colorado, said tract or parcel being more particularly described as follows: BEGINNING at a point on the Northerly line of said Common Area "E", from which the Northeast comer of said Section 3 bears North 14° 15' 32" East, a distance of 3,176.35 feet; 1. Thence South 13° 24' 49" East, a distance of 287.39 feet; Thence South 21° 28' 21" East a distance of 264.98 feet; 3. Thence South 21° 36' 32" East a distance of 108.73 feet; 4. Thence South 37° 56' 36" East a distance of 452.43 feet; 5. Thence South 51 ° 23' 34" East a distance of 112.39 feet; .6. Thence South 37° 52' 00" East a distance of 568.47 feet; 7. Thence South 43° 39' 07" East, a distance of 202.26 feet to a point on the Northerly line of Stage Road as shown on said Plat of Maroon Creek Club; 8. Thence along said Northerly line and along the arc of a curve to the right, nontangent to the previous course with a radius of 50.00 feet, a central angle of 89° 54' 13", an arc length of 78.46 feet and a (chord which bears North 89° 46' 07" West, a distance of 70.65 feet) to a point on the Easterly Right of Way line of Colorado State Highway 82 (Project No. AWP 2012-B, Nov. 1937); 9. Thence along said Easterly Right of Way line and along the am of a curve to the right, with a radius of 5,680.00 feet, a central angle of 11 ° 28' 37", an am length of 1,137.77 feet and a (chord which bears North 39° 04~ 49" West, a distance of 1,135.87 feet); 10. Thence continuing along said Easterly Right of Way line, North 33© 20' 30" West, a distance of 124.60 feet to a point of curvature; 11. Thence continuing along said Easterly Right of Way line and along the arc of a curve to the right with a radius of 2,242.00, a central angle of 20° 19' 26", an arc length of 795.28 feet and a (chord which bears North 23° 10' 48" West, a distance of 791.11 feet) to a point on the Northerly line of said Common Area "E"; 12. Thence along said Northerly line South 59° 23' 11" East, a distance of 125.86 feet to the Point of Beginning. The above described parcel contains 116,897 square feet (2.684 acres), more or less. BASIS OF BEARING: South 89° 12' 25" East, 2703.97 feet, along the North line of the Northeast Quarter of Section 3, Township 10 South, Range 85 West, of the Sixth Principal Meridian. The North Quarter comer of Section 3 being a 2.5" G.L.O. Brass cap, The Northeast comer of Section 3 being a 2.5" Brass cap, LS 9184, 1994. PREPARED BY: Gary D. Gable, PLS 24662 MK Centennial 10822 W. Toiler Ddve Littleton, CO 80127 H:\ 157323%ROW~LEGALSATK- 111 -R.WPD Septeml~r 1, 1999 COLORADO DEPARTMENT OF TRANSPORTATION AND CITY OF ASPEN PERMANENT EASEMENT TO BE ACQUIRED FROM PERMANENT EASEMENT NO. PE-118 Maroon Creek LLC STA. 889+ TO STA.893+ FOR PROJECT NO. NH 0821-051 UNIT 1 STATE HIGHWAY NO. 82 S.H. 82 PE CORRIDOR EXHIBIT "A" PROJECT NUMBER: NH 0821-0S1 UNIT 1 PERMANENT EASEMENT NO. PE- 118 Project Code: 12269 Date: September 1, 1999 DESCRIPTION A permanent easement No. PE-118 of the Department of Transportation, State of Colorado, Project No. NH 0821-051 Unit 1 and the City of Aspen, Colorado. containing 0.531 acres more or less, being a part of Golf Course parcel "A", Final Subdivision Plat & P.U.D. for Maroon Creek Club, recorded in Plat book $3, Pages 4 through 12, in the records of Pitkin County, in the Southwest Quarter of Section 2, Township 10 South, Range 85 West of the Sixth Principal Meridian, in Pitkin County, Colorado, said permanent easement being more paai~ularly described as follows: BEGINNING at a point on the Southerly line of Noah Underpass Road as shown on said subdivision plat, from which the Southwest comer of said Section 2 bears South 67° 16' 31" West, a distance of 918.32 feet; 1. Thence along said Southerly line and along the arc of a curve to the left with a radius of 145.00 feet, a central angle of 22° 44' 03". an arc length of 57.53 feet and a (chord which bears North 12° 37' 05" East. a distance of 57.16 feet); 2. Thence North 86° 44' 24" East. a distance of 85.42 feet 3. Thence South 17° 33' 24" East, a distance of 117.52 feet; 4. Thence South 54° 28' 01" East, a distance of 168.48 feet to a point on the Westerly line of the City of Aspen lease parcel as shown on said subdivision plat; 5. Thence along said Westerly line. South 08° 43' 45" West, a distance of 76.48 feet; 6. Thence North 49° 23' 10" West, a distance of 207.60 feet; 7. Thence Noah 48© 24' 04" West, a distance of 135.22 feet to the Point of Beginning. The above described permanent easement contains 23,114 square feet (0.531 acres), more or less. The above described permanent easement acquired for the construction and maintenance of a pedestrian, bicycle path. BASIS OF BEARING: South 89© 12' 25" East, 2703.97 feet, along the North line of the Northeast Quarter of Section 3, Township 10 South, Range 85 West, of the Sixth Principal Meridian. The North Quarter comer of Section 3 being a 2.5" G.L.O. Brass cap, The Northeast comer of Section 3 being a 2.5" Brass cap, LS 9184, 1994. PREPARED BY: Gary D. Gable, PLS 24662 MK Centennial 10822 W. Toller Drive Littleton, CO 80127 COLORADO DEPARTMENT OF TRANSPORTATION AND CITY OF ASPEN PERMANENT EASEMENT TO BE ACQUIRED FROM PERMANENT EASEMENT NO. PE-119 City of Aspen STA. 892+ TO STA.908+ (Maroon Creek LLC Lease) FOR PROJECT NO. NH 0821-051 UNIT 1 STATE HIGHWAY NO. 82 AABC TO BUTTERMILK ~ EXHIBIT "A" , PROJECT NUMBER: NH 0821-051 UNIT 1 PERMANENT EASEMENT NO. PE-119 Project Code: 12269 Date: September 1, 1999 DESCRIPTION A permanent easement No. PE-119 of the Department of Transportation, State of Colorado, Project No. NH 0821-51 Unit 1 and the City of Aspen, Colorado, containing 2.752 acres more or less, being a part of the City of Aspen lease parcel within Golf Course parcel "A", Final Subdivision Plat & P.U.D. for Maroon Creek Club, recorded in Plat book 33, Pages 4 through 12, in the records of Pitkin County, in the Southwest Quarter of Section 2 and in the Northwest quarter of Section 11, Township 10 South, Range 85 West of the Sixth Principal Meridian, in Pitkin County, Colorado, said permanent easement being more particularly described as follows: BEGINNING at a point on the Westerly line of said Aspen lease parcel, from which the Southeast comer of said Section 3 bears South 83° 18' 10" West, a distance of 1,113.34 feet; 1. Thence along said Westerly line, North 08°43' 45" East, a distance of 76.48 feet; 2. Thence South 54° 28' 02" East, a distance of 405.19 feet; 3. Thence South 59° 33' 53" East, a distance of 1,099.13 feet to a point on the Easterly line of said Golf Course parcel "A"; 4. Thence along said Easterly line, South 01° 47154" West, a distance of 81.23 feet; 5. Thence North 60° 10' 43"West, a distance of 42.62 feet; 6. Thence North 61° 01' 44" West, a distance of 679.64 feet; 7. Thence North 57° 20' 29" West, a distance o f 527.25 feet; 8. Thence North 56° 10' 22" West, a distance of 115.61 feet; 9. Thence North 49° 23' 10" West, a distance of 15 L44 feet to the Point of Beginning. The above described permanent easement contains 119,866 square feet (2.752 acres), more or less. The above described permanent easement acquired for the construction and maintenance of a pedestrian, bicycle path. BASIS OF BEARING: South 89° 12' 25" East, 2703.97 feet, along the North line of the Northeast Quarter of Section 3, Township 10 South, Range 85 West, of the Sixth Principal Meridian. The North Quarter comer of Section 3 being a 2.5" G.L.O. Brass cap, The Northeast comer of Section ~,,1oaing~e,,~5" Brass cap, LS 9184, 1994. PREPARED BY: · Ronald E. Ilk, PLS 24313 MK Centennial " P.O. Drawer 1307 ,~ ".... Arvada, CO 80001