HomeMy WebLinkAboutord041-05TO:
FROM:
DATE:
RE:
Mayor and Members of Council
John P. Worcester
September 26, 2005
Ordinance No. /~LI , Series Of 2005 - An Ordinance to Vacate a Porti°n of
Stage Road - Public Hearing and Second Reading
Attached for your consideration and review is an ordinance that, if approved, would vacate a
portion of Stage Road within the Stage Road PUD (Bar/X Ranch). The portion of Stage Road
proposed to be vacated is depicted on arL exhibit map appended to the proposed ordinance.
The pre-annexation agreement for the annexation of the Bar/X Ranch calls for this portion of
Stage Road to be vacated following annexation of the Bar/X Ranch into the boundaries of the
City of Aspen. The pre-annexation agreement also requires that "adequate provisions are made to
ensure that other properties served by Stage Road (Caudill and Harvey properties) are not
financially harmed by any new arrangements for access to their properties and that maintenance
of the road will be undertaken without additional cost to the Caudill and Harvey properties..."
Counsel for the Bar/X Ranch and the Caudill and Harvey properties have negotiated a mutually
agreeable Road Ac.cess Agreement. In addition, the ordinance approving the Stage Road PUD
and the PUD/SIA documents to be recorded contain the requisite language to protect the Caudill
and Harvey properties.
ACTION R/EQUIRED: A Motion to approve Ordinance No. ~ ,Seriesof2005, onSecond
Reading.
CITY MANAGER'S COMMENTS:
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'ORDINANCE NO.
(Series of 2005)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, TO
VACATE A PORTION OF THE STAGE ROAD RIGHT-OF-WAY ADJOINING THE STAGE
ROAD PLANNED UNIT DEVELOPMENT WITHIN THE CITY OF ASPEN, PITKIN
COUNTY, COLORADO.
WHEREAS, the City of Aspen and the owners of the Bar/X Ranch entered into that
certain Fourth Amended and-Restated Pre-Annexation Agreement dated December 20, 2004,
wherein the parties agreed to vacate a portion of Stage Road following the annexation of the
Bar/X Ranch into the boundaries of the City of Aspen in furtherance of the development plan
described in the pre-annexation agreement; and
WHEREAS, the right--of-ways or portions thereof proposed to be vacated are located
entirely within the corporate limits of the City of Aspen;and
WHEREAS, the Stage Road Right-of-Way Vacation Map and legal description, appended
· hereto as Exhibit A has been reviewed by the Community Development Department and a
determination made that the exhibit complies in ~ respects with the City's'~ublic Rights-of-ways
Vacation Policies and the land proposed to be vacated is eligible for vacation pursuant to said
policies; and
WHEREAS, the proposed vacation will not leave any land adjoining the same without a
means of access over an established public right-of-way connecting such lands to an established
public street.
NOW, 'rHEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO:
Section 1.
That the portion of the Stage Road Right-of-Way described and depicted on Exkibit A
appended hereto and by this reference incorporated herein, shall be, and the same hereby is
vacated subject to the conditions set forth beloTM.
Section 2.
That ownership and title to the lands so vacated shall vest as provided in and by Section 43-2-
302. C.R.S.
Section 3.
That the City Clerk be and hereby is directed, upon the adoption of this ordinance, to
record a copy of this ordinance in the Office of the Pitkin County Clerk and Recorder.
Section 4.
That the City Engineer be and hereby is directed, upon the adoption of this ordinance, to
make all corrections necessary to the Official Map of the City of Aspen.
Section 5 ....
That if any section, subsection, sentence, clause, phrase or portion of tiffs ordinance is for
any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall
be deemed a separate, distinct and independent provision and shall not affect the validity of the
remaining portions thereof.
Section 6.
That this ordinance shall not have any effect on existing litigation and shall not operate as
an abatement of any action or proceeding now pending under or by virtue of the ordinances
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II -
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amended as herein provided, and the same shall be construed and concluded under such prior
ordinances.
A public hearing on the ordinance shall be held on the day of
in the City Council Chambers, Aspen City Hail, Aspen, Colorado.
,2005,
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City
Council'ofthe City of Aspen on the __ day of ,2005.
ATTEST:
Helen Kalin Klandemd, Mayor
Kathryn S. Koch, City Clerk
FINALLY adopted, passed and approved this day of
Helen Kalin Klanderud, Mayor
ATTEST:
,2005.
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/
Stage Road Right-of-Way Vacation Exhibit Map
LINE TABLE
N
A STRIP OF LAND SITUATED IN SECTION 2
TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6Ih P.M.
COUNTY OF PITKIN, STATE OF COLORADO
SHEET I OF 2
LE2
LE14
LEI~
BEARING
N 01'01'58" E
N 88°21'39' E
N 89°43'40" E
8 89'3707" E
S 87°14'42- E
N 53'00'41 · E
N 88°13'15" E
S 43°12'15" E
S 03'45'10" W
S 89°09'40' W
S 89°O9'4O- W
S 74°30'42- W
8 89°13'52" W;
S 89'16'56" W
S 88°59~3" W
8 89°08'18" W I
S 88°56'55" W
S 88°41'56" W
S 89°42'25" W
N 87°18'47" W
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5OO
GR~
SCALE
1/4 Comer Section 2 found 1954 BLM Brass Cap
k
IN FEET )
1 inch = 600 ft.
SOPRIS ENGINEERING - LLC
CIVIL CONSULTANTS
502 M.4]N STREET, SUITE A3
CARBONDM.,E, COLORM)O 81623
(970) 704-0311
23o33 08/23/05
23033plot. DWG
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Stage Road Right-of-Way Vacation Exhibit Map
A STRIP OF LAND SITUATED iN SECTION 2
TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6th P.M.
COUNTY OF PITKIN, STATE OF COLORADO
SHEET 2 OF 2
STAGE ROAD RIGHT-OF-WAY VACATION DESCRIPTION
That Portion of the existing Stage Road Right-Of-Way situated on the Stage Road Planned Unit
Development/Subdivision as recorded in Plat Book__ at Pages __ __. Pitkin County Records; Said
Right-Of-Way being located in Section 2, Township 10 South, Range 95 of the Sixth Principal Meridian and is more
particularly described as follows:
Beginning at a point from which the South 1/4 comer of said Section 2 bears North 41 degrees, 05 minutes, 08
seconds West, 2,174.20 feet (with all bearings contained herein being relative to a beadng of N 04°41'16" E
between the W1/4 corner, Section 2, a found 1954 BLM Cap and the NW corner, Section 2 a found Brass Cap in
concrete LS//9184); thence N.01°01'58"E. along said boundary, 46.12 feet; thence leaving said boundary the
following four (4) courses along an existing fence line:
1) N.88°21'30"E., 1,009.04 feet;
2) N.89°43'40"E., 295.69 feet;
3) S.89°37'07"E., 331.30 feet;
4) S.87°14'42"E., 105.76 feet;
thence leaving said fence line N.53°00'41"E., 48.92 feet, to a point on the Boundary of a previous road right-of-way
vacation described in that document recorded as Reception Number 99746 of the Pitkin County records; thence
N.88°13'15"., along said vacation Boundary, 47.88 feet; thence continuing along said vacation Boundary
S.43°12'15"E., 45.87 feet; thence continuing along said vacation boundary S.03°45'10"W., 38.70 feet; thence leaving
said vacation Boundary S.89°09'40"W., 23.15 feet to a point on the Northerly boundary of Parcel 2 as shown on the
Plat of Han/ey Planned Unit DevelopmentJSubdivision recorded in Plat Book 72 on Pages 98-100 of the Pitkin County
Records; thence S.89°09'40"W. along said Northerly boundary, 30.02 feet; thence leaving said Northerly boundary
S.74°30'42"W., 8.04 feet to an existing fence comer; thence S.89°13'52"W. along an existing fence line, 618.95 feet;
thence leaving said fence line S.89°16'56"W., 316.02 feet to a point on the Southerly boundary of said Stage Road
Planned Unit Development/Subdivision; thence the following six (6) courses along said Southerly boundary:
1) S.88°59'33"W., 228.21 feet;
2) S.89°08'18"W., 156.94 feet; .
3) S.88°56'55"W., 144.94 feet;
4) S.88°41'56"W., 136.14 feet;
5) S.89°42'25"W., 189.99 feet;
6) N.87°18'47"W., 5.97 feet to the POINT OF BEGINNING.
Containing 102,503 square feet or 2.353 acres, more or less.
Pitkin County, Colorado.
SOPRIS ENGINEERING - LLC
CIV/L CONSULTANT~
502 MAIN STREET, SUITE A3
CARBONDALE, COLORADO 81623
(970) 704-0311
25035 08/23/05 23033pl~tOWG