HomeMy WebLinkAboutcoa.lu.sm.Roaring Fork River Trail.A43-91 CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED: 8 6 91 PARCEL ID AND CASE NO.
DATE COMPLETE: ZmLM A43-91
STAFF MEMBER: LL
PROJECT NAME: Roaring Fork River Trail Stream Margin Review
Project Address:
Legal Address:
APPLICANT: City of Aspen
Applicant Address:
REPRESENTATIVE: Gary Lacy/Patrick Duffield (Parks)
Representative Address/Phone:485 Arapahoe
Boulder, CO 80302 440-9268
PAID: YES NO AMOUNT: Due NO. OF COPIES RECEIVED 1
TYPE OF APPLICATION: 1 STEP: X 2 STEP:
P&Z Meeting Date 11, ) }I l PUBLIC HEARING: YES 0
VESTED RIGHTS: YES NO
CC Meeting Date PUBLIC HEARING: YES NO
VESTED RIGHTS: YES NO
Planning Director Approval: Paid:
Insubstantial Amendment or Exemption: Date:
REFS LS:
City Attorney Mtn Bell School District
City Engineer Parks Dept. Rocky Mtn NatGas
Housing Dir. Holy Cross State HwyDept(GW)
Aspen Water Fire Marshall State HwyDept(GJ)
City Electric Building Inspector
Envir.Hlth. Roaring Fork OtherCCAC1
Aspen Con.S.D. Energy Center
DATE REFERRED: 811 -01 , INITIALS: H-
FINAL ROUTING: DATE ROUTED: INITIAL:
City Atty City Engineer Zoning Env. Health
Housing Other: LI,
FILE STATUS AND LOCATION:
' 411
RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION GRANTING
STREAM MARGIN APPROVAL FOR THE CONSTRUCTION OF A. KAYAK COURSE AND
PEDESTRIAN PATH ADJACENT TO THE RIO GRANDE PROPERTY, AND AMENDING
THE STREAM MARGIN APPROVAL TO PLACE FILL BEHIND THE EAGLES CLUB,
ASPEN, COLORADO
Resolution No. 91-03
WHEREAS, the Aspen Planning and Zoning Commission held a
meeting October 22, 1991; and
WHEREAS, the Commission reviewed an application for a stream
margin review for the construction of a pedestrian trail and kayak
course in the Roaring Fork River adjacent to the Rio Grande
property; and
WHEREAS, pursuant to Section 24-7-504 development within 100
) feet from the high water line of the Roaring Fork River and its
tributary streams, or within the one hundred year floodplain is
required to undergo Stream Margin Review; and ,
WHEREAS, the Planning staff reviewed the application and
recommended approval with conditions; and
WHEREAS, the Commission reviewed the application and amended
the conditions of approval to include:
3 . Boater put-in and take-out including parking shall be
addressed for the course. This will occur prior to and during
the Master Plan effort.
4 . The City Attorney shall review the liability impacts of
this whitewater course.
5. Additional stream margin review is anticipated to complete
the course; and
Resolution No. 9$-
Page 3
3 . Boater put-in and take-out including parking shall be addressed
for the course. This will occur prior to and during the Master
Plan effort.
4. The City Attorney shall review the liability impacts of this
whitewater course.
5. Additional stream margin review is anticipated to complete the
course.
6. Prior to the removal of any trees greater than 6" caliper tree
removal permits must be obtained from the Parks Department. Any
tree removed shall be replaced on site pursuant to the Parks
Department standards.
7 . All fill shall be stabilized and landscaped by the Spring of
1992 .
8. Neighborhood concerns shall be resolved prior to the placement
of fill in Newbury Park.
9. Placement of fill shall in no way encroach into the 100 year
floodplain without further review.
10. Prior to placement of fill the City Attorney' s office shall
review the liability impacts.
APPROVED by the Commission at its regular meeting on October
22, 1991 and amended November 19, 1991.
ASPEN PLANNING AND ZONING COMMISSION
By Lam.
Bruce Kerr, Chairperson
Date Signed 44ea/ / 957
ATTEST;.
if.
Jan Car hey, Deputy cjty Clerk
Date Signed �/a/9-7/
4 410'
MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Leslie Lamont, Planner
RE: Roaring Fork River Trail Stream Margin Review
DATE: September 3, 1991
SUMMARY: The applicant proposes to construct a pedestrian/bike
path and a new bridge along the Roaring Fork River, and replace the
existing Hopkins Street pedestrian bridge. Pursuant to Section 7-
504, Stream Margin Review is required. The Planning Department
recommends approval with conditions.
APPLICANT: City of Aspen, as represented by Gary Lacey and Patrick
Duffield
LOCATION: The new trail will connect the Art Museum to the Rio
Grande Trail with a Mill Street underpass and new bridge downstream
from the Mill Street Bridge. The Hopkins Street pedestrian bridge
will be replaced.
ZONING: Public, Park, R-15, and R/MF
APPLICANT'S REQUEST: Stream Margin Approval for a new
pedestrian/bike trail, a new bridge and replacement of an existing
bridge.
REFERRAL COMMENTS: Please see the attached referral comments from
the Engineering Department and Aspen Consolidated Sanitation
District.
STAFF COMMENTS: The Parks Department proposes to provide a new
segment of trail along the Roaring Fork River between the Rio
Grande Trail and the Art Museum. The new trail will require a new
pedestrian/bike bridge downstream from the Mill Street Bridge and
an underpass at the Mill Street Bridge. The Department also needs
to replace the Hopkins Street pedestrian/bike bridge. Please see
attached drawings and maps for your review.
The City is developing a lease with the Aspen Consolidated
Sanitation District for the ACSD land that the trail will pass
over. Recent conversations with the District Manager, Bruce
Matherly, confirmed that the lease is almost completed.
A. Stream Margin: Pursuant to Section 7-504 C. , development is
required to undergo Stream Margin Review if it is within 100 feet
from the high water line of the Roaring Fork River and its
tributary streams, or within the one hundred year floodplain.
The applicable review standards are as follows:
1. It can be demonstrated that any proposed development which is
in the Special Flood Hazard Area will not increase the base flood
elevation on the parcel proposed for development. This shall be
demonstrated by an engineering study prepared by a professional
engineer registered to practice in the State of Colorado which
shows that the base flood elevation will not be raised, including,
g,
but not limited to, proposing mitigation techniques on or off-site
which compensate for any base flood elevation increase caused by
the development.
RESPONSE: According to the application, the proposed replacement
of the Hopkins Street pedestrian bridge will not affect the
existing 100 year floodplain or floodway. The low chord of the new
bridge will be more than 2 ' above the 100 year flood elevation,
reducing the chance of debris blockage. The bridge itself is
designed as a "breakaway" bridge which is tethered on one end. In
the event of a major flood, it will breakaway and not become debris
downstream.
The proposed trail from the Art Museum to Rio Grande Trail will be
at or below existing grade, thereby not affecting the existing
floodplain or floodway. The proposed new pedestrian bridge will
not affect the existing 100 year floodway or floodplain. The new
bridge and approaches will cause a minor constriction in the 100
year floodplain limits. This bridge is engineered so as not to
create a blockage during the peak flows and will have a minimum of
2 ' clearance above the 100 year flood. It also will be a
"breakaway" bridge.
2 . Any trail on the parcel" designated on the Aspen Area .
Comprehensive Plan: Parks/Recreation/Open Space/Trails Plan map is
dedicated for public use.
RESPONSE: The proposed trail is on the Plan and will be dedicated
for public use as will the bridges.
3 . The recommendations of the Roaring Fork Greenway Plan are
implemented in the proposed plan for development, to the greatest
extent practicable.
RESPONSE: The Roaring Fork Greenway Plan specifically identifies
trail system criteria. The development of this new trail, in this
location, is consistent with this criteria primarily the provision
of access to the river for fishermen and other interested groups,
4 . No vegetation is removed or slope grade changes made that
produce erosion and sedimentation of the stream bank.
RESPONSE: According to the applicant, no vegetation removal or
slope grade changes are being made that will produce erosion or
2
• •
sedimentation. A number of disturbed areas will be restored
reducing the amount of erosion and sedimentation. All new cut and
fill areas will be revegetated. A tree removal permit shall be
reviewed for the removal of any tree greater than 6" in caliper.
The applicant shall work with the Engineering Department to
identify erosion mitigation measures during construction.
5. To the greatest extent practicable, the proposed development
reduces pollution and interference with the natural changes of the
river, stream or other tributary.
RESPONSE: The application states that the "proposed trails and
bridges allow for natural changes in the river to the greatest
extent possible. Some areas along the trial will be able to trap
urban runoff pollution prior to it flowing into the river. "
6. Written notice is given to the Colorado Water Conservation
Board prior to any alteration or relocation of a water course, and
a copy of said notice is submitted to the Federal Emergency
Management Agency.
RESPONSE: There will be no alteration or relocation of a water
course.
7. A guarantee is provided in the event a water course is altered
or relocated, that applies to the developer and his heirs,
successors and assigns that ensures that the flood carrying
capacity on the parcel is not diminished.
RESPONSE: Not applicable.
•
8. Copies are provided of all necessary federal and state permits
relating to work within the one hundred (100) year floodplain.
RESPONSE: There will be no work below the normal high water line.
RECOMMENDATION: Staff recommends approval of the new bridge and
underpass, new trail segment, and replacement of the Hopkins Street
Bridge subject to the following conditions:
1. Prior to the issuance of any building permits:
a. the applicant shall provide a set of drawings stamped by the
engineer who performed the hydraulic analysis and shall be reviewed
and approved by the Engineering Department.
b. an erosion mitigation plan shall be approved by the Engineering
Department and the plan . shall include, but not limited to,
revegetation of disturbed areas.
c. tree removal permits are required from the Parks Department
before any trees greater than 6" in caliper may be removed. Every
3
• •
effort should be made to relocate on site the trees that must be
disturbed.
2. All representations that have been made in the application and
during the presentation shall be adhered to.
11\v 41141 /444111"/
s� ,i. •
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4
® •
MEMORANDUM
' , i AUG.231991 ; ' II}
To: Leslie Lamont, Planning Department 4)1 er
From: Rob Thomson, Project Engineer( k,S% °�----- ---� -�-
Date: August 23, 1991
Re: Roaring Fork River Trail Stream Margin Review
Having reviewed the above application, the engineering department
has the following comments:
1. Responses to attachment four should be required conditions of
approval.
2 . The applicant must provide a set of drawings stamped by the
engineer who performed the hydraulic analysis. The applicant has
verbally agreed that this will be provided
rt/memo91. 64
• •
Aspen (9onsolidated Sanitation ( Astiict
565 North Mill Street
Aspen, Colorado 81611
Tele. (303) 925-3601 Tele. (303) 925-2537
AUG 1 41991
August 13, 1991 ‘0)
Leslie Lamont
Planning Office
130 S. Galena
Aspen, CO 81611
Re : City trail across 565 N. Mill street/
ACSD property
Dear Leslie :
This letter is written to confirm that we are in the process of
developing a license in order to facilitate the construction of a
segment of trail which will link the Rio Grand trail with Mill
Street. We have been working with Patrick Duffield and his
engineer on this.
Our Board of Directors has agreed to grant a license to the City
for this project if we can address the Board' s concerns in the
license agreement. Their concerns included fencing, the
construction and placement of berms where the trail elevation is
not at a lower elevation than the District property, and the
posting of signs where necessary. _ The overriding concern of the
Board was that the construction of trail not preclude the
District' s future use of the central portion of our property.
We feel that the Board' s concerns can be addressed in the text of
the license, and we have identified on the map exhibit which will
be attached to the license, suggested locations for fencing,
berming, etc. . .
Please call if you have any questions. The proposed license is
currently being reviewed by our attorney in Denver.
Sincerely,
Bruce Matherly
District Manager
d.�C; .
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August 16, 1991
Mr. Gary Davis
US Army Corps of Engineers
764 Horizon Dr., Room 211
Grand Junction, CO 81606-8719
Dear Mr. Davis:
Enclosed please find design drawings for a trail and bridges along and
over the Roaring Fork River.in Aspen. The project involves replacing the
existing pedestrian bridge at Hopkins Street and connecting a trail from the
Art Museum to the Rio Grande Trail. The project is planned so it will not
encroach on any wetlands, and it will not disturb the riparian zone, and it will
be located above the normal high water line. Construction is planned for mid-
September 1991.
Please contact me with any questions, concerns or if you would like.to
tour the site.
Sincerely,
Gary M. Lacy V
cc: Patrick Duffield V
MEMORANDUM
TO: City Attorney
City Engineer
Mark Fuller
Aspen Consolidated Sanitation District
FROM: Leslie Lamont, Aspen/Pitkin Planning Office
RE: Roaring Fork River Trail Stream Margin Review
DATE: August 13 , 1991
Attached for your review and comments is an application from the
City of Aspen Parks Department requesting Stream Margin Review
approval for a new trail.
Please return your comments to me no later than August 26, 1991.
Thanks.
•
•
July 25, 1991
Ms.Leslie Lamont
City of Aspen Planning Dept.
130 S. Galena
Aspen, CO 81611
Dear Leslie:
Enclosed please find a completed Stream Margin Development Application for the
Roaring Fork River Trail. This project is being proposed by the City of Aspen Parks
Department through Gary Lacy- the authorized representative for the department. His
address is: 485 Arapahoe, Boulder, Colorado 80302; phone number(303)440-9268.
The project is located entirely on City of Aspen property,right-of-way,or
easements obtained from the Aspen Sanitation District and Pitkin County.
Please see the enclosed drawings describing the project and a local vicinity map
locating the project within the City of Aspen. The information on these drawings should
satisfy all of the requirements listed in attachments 2& 3. In general, the following is a
brief description of the proposed work:
• Replacement of the existing Hopkins Street Pedestrian Bridge,including
improvements to the approaches.
• A new trail along the Roaring Fork River connecting to the existing trail at the Art
Museum and the Rio Grande Trail.
• A trail underpass under the existing Mill Street Bridge.
• A new pedestrian bridge to be located downstream from the Mill Street Bridge.
This project is designated on the Aspen Area Parks/Recreation/Open Space/Trails
Plan and is part of the Roaring Fork Greenway Plan.
Please contact me or Gary Lacy with any questions or if you require further
information. If the project is approved, we would like to begin construction in early
September. /
Sincerely,
Patrick Duffield
City of Aspen Parks Dept.
cc: George Robinson
Gary Lacy
ATlr 1
o- • LAND USE APPLICATION Ft)I
1) Project Name 'Rnaring Fnrk Rivar Trail ArtMiisei1 to Rj.o rand Tr. .;
& Hopkins St. Footbridge replacement.
2) Project location e . • : ._ ••• - - - - the
Art Museum to the Rio Grande Tr. near Aspen San. Dist. ;
(indicate street address, lot & block rnnber, legal description where
appropriate) And at the Hopkins St. Footbridge on East Hopkins St.
3) Present Zoning F1oodp a i n 4) lot Size N/A
5) Applicant's Name, Address & Phone # City of Aspen, Parks Dept.
130 S . Galeria St. , Aspen, Colorado 81611 14 (303) 920-5120
6) Representative's Name, Address & Phone # Gary Lacy
485 Arapahoe, Boulder . Colorado 80102 # (101) 44fl-97(8
7) Type of Application (please check all that apply) :
Conditional Use Conceptual SPA ConceAotual Historic Dev.
Special Review Final SPA . Final Historic Dev.
8040 Greenline Oonceptual PUD Minor Historic Dev.
X Stream Mar33in Final PUD Historic Demolition
Motmtain View Plane Subdivision Historic Designation
Condamin.iumizaticn Text/Map Amen±rent GMQS Allotment
Lot Split/Lot Line CMS motion
Adjustment
8) Descriptions of Existing Uses (number and type of existing structures;
approximate sq. ft. ; number of bedrcans; any previous approvals granted to the
PAY) -
There are no existing structures other than the Mill St autb
bridge and the Hopkins St pedestrian hridge
9) Description of Development Application
See attatched drawings and respnn_s_e to attarhment #9
10) Have you attached the following?
X Response to Attachment 2, Minimum noon Submission its
X Response to Attachment 3, Specific Submission Contents
X Response to Attachment 4, Review Standards for Your Application
w'.
•
Responses to Attachment 4 for Roaring Fork River Trail
Review Standards: Development in Stream.Margin
1. a.) The proposed replacement of the Hopkins Street pedestrian bridge
will not affect the existing 100 year floodplain or floodway. The low
chord of the new bridge will be more than 2' above the 100 year flood
elevation, reducing the chance of debris blockage. The bridge itself is
designed as a "breakaway" bridge which is tethered on one end. In the
event of a major flood, it will breakaway and not become debris
downstream.
b.) The proposed trail from the Art museum to Rio Grande Trail will
be at or below existing grade, thereby not affecting the existing
floodplain or floodway. The proposed new pedestrian bridge will not
affect the existing 100 year floodway or floodplain. The new bridge and
approaches will cause a minor constriction in the 100 year floodplain
limits. This bridge is engineered so as not to create a blockage during
the peak flows and will have a minimum of 2' of clearance above the
100 year flood. It also will be a "breakaway" bridge.
2. All of the trails proposed are on the Aspen Area
Parks/Recreation/Open Space/Trails Plan and are dedicated for public
use.
3. Recommendations of the Roaring Fork Greenway Plan are included in
the project.
4. No vegetation removal or slope grade changes are being made that will
produce erosion or sedimentation. A number of disturbed areas will be
restored reducing the amount of erosion and sedimentation. All new
cut and fill areas will be revegetated.
5. The proposed trails and bridges allow for natural changes in the river
to the greatest extent possible. Some areas along the trail will be able to
trap urban runoff pollution prior to it flowing into the river.
6. There will be no alteration or relocation of a water course.
7. No water course is being altered or relocated.
8. No state or Federal permits are required due to no work below the
normal high water line.
•
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Pitkin County Opeace & Trails Board - Pr rt Data Worksheet
---
Updated: i / / 7 State Parcel # : g 1 .2_ - _ _ - _ - _ -
Property Name: \al (6. G(c,naa, k Co `\ C 6-de fr'Gn
J
Uses: Park ( ) Passive OS ( ) Trail (cam River ( ) Sports Venue ( ;)
Type: Public ( (..) Public/Private ( ) Private ( ) Fee Req'd ( )
Administered by: Cow Size: �—, acres DOB: / (D9/75
Legal Description: No (`r■ 'poc-,j cka-itc60,
) 1
Documentation Reference: ())(Y1k.. ?,CS G� 5Q3
Type of Deed/Right: 07-It2Y`;
Warranty ( ) Quit Claim ( ) Quiet (_ ) Lease ( ) Easement ( c-)-
/ (o,IX�
Easement Terms: NA ( ) Perpetual (k-') Renewable ( ) Expires
Property Owner: ----3G MP z) JR , 'roz.n-Cl b'1
Address:
Zoning: Planning Sub-Area: {.a, r)L f,na
Other Planning Designations:
Access:
Type(s) of Facilities:
Parking ( ) Picnic ( ) Potable water ( ) Playground Equip. ( )
Softball ( ) V'Ball ( ) Tennis ( ) Other
Trails: Biking ( ) Hiking ( ) Equestrian ( ) Skiing ( ) Motors ( )
"Flags" : cnc ■n ■nG6 (r1V(,..�1. \-)l C), .r jcS h
iru ))
V
l)
Info Source( s) : ex � (ci i -1(01') Q„,,i)11-0 A
.Q11 <6- , 4.( .51 --3-5 9� y 0 2
I; 7----1 — alit-VnV descr1Prion vl. .L...� ---- - -
History: �.
25. Any and all right, title, interest, claim and demand which
County has in the real property described in and by virtue of that
agreement concerning Pioneer trail easement with James R. Trueman,
dated September 22, 1975, between James R. Trueman and Pitkin
County, recorded September 25, 1975 , (Reception No. 178051 ) , and
Book 303, Page 503 of the records of the Pitkin County Clerk and
Recorder's office.
(note - check recording number. References Exhibit "B" but is not
attached. Easement states that Trueman "agrees to give a pioneer
trail easement to Pitkin County for public use, maintenance and
control by the County on the following terms and conditions".
References a copy of the plat of the Aspen Center property which
is not annexed. Trail is twenty feet in width as measured from
the centerline. References that "a survey description of its
location as completed shall be provided at the expense of the
County" . The description shall include as an addendum thereto a
legal description of the trail location. "Once easement has been
given, County agrees to place signs, maintain, manage and police
the trail and hold owner harmless from any accidents or injuries
sustained. Easements shall exist in perpetuity subject to right
to relocate the trail incident to development and "owner shall
have the right to terminate this easement and to reenter exclusive
possession and use of property subject to if, and only if, the
above described tract cannot be conveyed, encumbered or demised by
the owner to prospective purchasers, encumbrances or lessees while
encumbered by the easement granted herein. Termination pursuant
to this provision shall be made by giving sixty ( 60 ) days' notice ,
in writing to Pitkin County Board of Commissioners.
( note - approved September 22 , 1975. It is not notarized , it is
signed by Robert Grueter as attorney-in-fact for James R. Trueman,
there is no power of attorney. Question whether or not the ease-
ment was actually prepared by the County including legal descrip-
tion and survey. )
13I77(IN COUNTY
506 E. JITAN
ASPEN COLORADO
81611
The City of Aspen
Planning Department
130 S. CJ arena
Aspen Colo. 81611 August 6th, '91
To whom it may concern:
The City of Aspens Parks Department is working on a trail improvement across a
parcel of land owned by Pitkin County. This parcel lies just down river from the Mill St.
auto triage on the wring ForkAivei. '4'e are aware of this project. We are currently
negotiating a trail easement with the City Attorneys office.
Thiiankyou for your time,
\ \\\
Mark Fuller
County Development Director
.111 410
EASEMENT
THIS GRANT OF EASEMENT is made and entered into by the
County of Pitkin, Colorado, a political subdivision, 506 East
Main Street, Aspen, Colorado ("Grantor") , and the City of Aspen,
a municipal corporation, 130 South Galena Street, Aspen, Colorado
(Grantee") .
WHEREAS, Grantor is the owner of a certain parcel of land
located within the City of Aspen, Colorado, described in Book 180
at Page 145 in the records of Pitkin County, Colorado, and
commonly known as the Pitkin County Mill Street Property; and
WHEREAS, Grantee desires to obtain a perpetual easement
over, under and across Grantor' s parcel for the construction,
installation and maintenance of a ten (10) inch water pipeline.
NOW, THEREFORE, for and in consideration of the mutual
covenants and obligations contained herein and the payment by
Grantee of Ten Dollars ($10. 00) , the receipt and sufficiency of
which is hereby acknowledged by Grantor, Grantor does hereby
grant, sell, and convey to Grantee a perpetual easement and also
a temporary construction easement to construct, install, main-
tain, operate, repair, remove and replace an underground water
pipeline along and across the Easement Premises situated on
Grantor' s parcel as described above, and more particularly
described as follows:
A strip fifteen (15) feet in width over, under and across
the Grantor's parcel centered on and extending seven (7)
feet and six (6) inches to either side of the following
described centerline, in such a manner that at all angle
points along the centerline, and at the point of beginning
to the point of terminus, the exterior boundary lines of the
strip shall lengthen or shorten as necessary to form a
continuous strip exactly fifteen feet in width: Commencing
at the West quarter corner of Section 7, Township 10 South,
Range 84 West of the 6th Principal Meridian, Pitkin County,
Colorado; thence South 51°28 ' 57" East, 1306. 02 feet to a -
point on the Easterly boundary of the Aspen Consolidated,
Sanitation District property as described in Book 181 at
Pace 466 in the Records of Pitkin County, Colorado, ''the true
point of beginning, said point being 8 feet North 7 °45 ' West
of the Southeasterly corner of said property; thence South
80°19 ' 41" East, 44 . 31 feet; thence South 45°43 ' 23" East,
67 . 39 feet; thence South 19 °13 '46" West, 72 . 16 feet; thence
South 55°41 ' 14" East, 16.21 feet; thence. 50°35 ' 52" East,
38 . 81 feet to a point on the Westerly boundary of the Aspen
Visual Arts Center property as described in Book 459 at Eage
961 in the Records of Pitkin County, Colorado, and on the
centerline of the Roaring Fork River the terminus of this
easement, as depicted on the Map of the Pitkin County
Waterline Easement attached hereto and incorporated herein
as Exhibit "A" .
Grantee shall have all other rights and benefits necessary
or convenient for the full use of the rights granted herein,
including, but not limited to, . full rights of ingress and egress
over and across the property to and from the easement. However,
Grantee acknowledges that a portion of the Easement Premises and
Easement as granted herein has been previously conveyed and bur-
dened by a perpetual, non-exclusive easement and right-of-way by
Grantor in favor of the Aspen Consolidated Sanitation District as
described in Book 536 at Page 984 in the Records of Pitkin
County, Colorado, and that the grant of easement as provided
herein shall not unduly interfere or disturb the rights, use and
occupancy granted to the Aspen Consolidated Sanitation District
in the Easement Premises.
Grantee ' s pipeline and all associated facilities shall be
constructed, installed, maintained, and operated in a safe and
workmanlike manner and in such a way as to avoid damage to or .
destruction of Grantor' s property, including trees, shrubs and
other vegetation. Any damage to Grantor' s property or to the
surface, trees, shrubs or other vegetation caused by the instal-
lation, repair, removal or maintenance of the pipeline or atten-
dant facilities shall be repaired, restored or replaced by Gran-
tee to the satisfaction of Grantor.
Grantee' s pipeline shall be buried and installed in such a
fashion so as not to interfere with any current use of the
surface of the Easement Premises.
Grantee hereby agrees to indemnify and hold the Grantor
harmless from and against any loss, damage or any liability which
may result from the Grantee' s negligent installation, excavation,
construction, maintenance, .repair, 'replacement, use or location
of the pipeline and/or attendant facilities, including attorney' s
fees, as subsequently determined by a court of competent juris-
diction.
Nothing herein shall constitute a waiver of Grantee' s
.. rights as provided in Section 24-10-106 (4) , C.R.S. (1988 Repl.
Vol 10A) .
Grantor warrants and agrees to defend the title to the
Easement Premises as conveyed herein.
Grantee will in no way hinder or prevent the proper and
reasonable use and enjoyment of the property through which this
easement is granted and Grantor shall enjoy full use of the
Easement. Premises so long as->such. use does not interfere with the
installation and maintenance of the Grantee' s pipeline.
2
•
. 411
This grant of easement shall run with the land and shall be
binding on and shall inure to the benefit of the parties to this
agreement and their respective successors or assigns.
The perpetual easement shall only expire upon abandonment of
the pipeline located within the easement by Grantee pursuant to a
formal resolution adopted by the City Council of the City of
Aspen abandoning said pipeline and vacating the easement.
The parties further agree that, if necessary, Grantor will
reconvey by correction deed the rights as granted herein when an
as-built centerline description is prepared at the completion of
all of the construction and installation as described herein.
IN WITNESS WHEREOF, the Grantor and Grantee have affixed
their duly authorized signatures on the dates as specified below.
BOARD OF COUNTY COMMISSIONERS
PITKIN COUNTY, COLORADO
By:
Title:
Date:
ATTEST:
THE CITY OF ASPEN
By:
Title:
Date:
ATTEST:
3
Louis H. Buettner Surveying
0040 West Sopris Creek Road
Basalt , Colorado 81621
( 303-927-3611 )
September 24 , 1990
• City .ci,f Aspen
Engineering =Department •
130 South Galena Street
Aspen , Colorado 8161
•
•
Dear _7iri
The included Easement description for the Pitkin County Mill .
Street Property 2S based on a survey performed ormed by• me , or under my
direction , recently. ' I have carefully reviewed the descriptions
' and declare it to be accurate to the best of my Lncwledoe and
' belief . Any change , addition or deletion of any part of the
act void � that I descrl_•tion wii : act to void any responsibility that may have
for the descriptions . I t is My understanding of the. law that any
responsibilities relieved of me in regards. to this description
will flow to the party res porisible for changir,,g the description .
wish to thank. you for your patronage .
OF '•
Sincerely; N;,.•ae T ?�
13166 •
Louis H. _,uet tner LS 13166 •
S. •
F .fie
•
•
. S .
• •
06 !
. •
Louis H. Buettner Survevina
0040 West SonriS Creel,: Road
• Basalt . Colorado 81621 •
• ( 303-927-3611 )
Easement Description
for the
PithirL County Mill Street Property
, •
•
1 - -
A 15 foot Water Line Easement over , under and across that Parcel
of land known as the Pitkin County' Mill Street Property and
described in Doo;,. • . at page in the records of- PitLin
County. Said easement is 7 . 0 feet on each side of the followina
described centerline .
Commencina at the West Quarter corner of Section 7 , Township 10
South , Rance 84 West ' of the 6th Principal Meridian , Pithin
County, Colorado ; thence South 51 decrees 28 minutes 57 seconds
East , 1306 . 02 feet to a point on the easterly boundary of the
Aspen Sanitation property the true point of beginning , said point
being 8 feet North 07 degrees - 45 minutes West of the
southeasterly corner of said property; thence South 80 decrees
minutes 41 seconds East , 44 . 32 feet ; thence South 45 .decrees
43 minutes 23 seconds East , 67 . 39 feet ; thence South 9 decrees
:3 minutes 46 seconds West , 72 . 16 feet ; thence South 55 decrees
. 41 minutes 14 seconds East , 16 . 21 feet ; thence South 50 decrees
35 minutes 52 Seconds East , 3 . 81 feet to a point on the westerly
boundary of the Aspen .Visual Arts Center property and on the
centeriine of the Roaring For;c River the terminus of this
easement . •
. •
•
C-17. j1/11(
•
•
• •
•
1 \
.
PITKIN COUNTY. PROPERTY \ ,
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PUPPY SMITH ST. �O
CITY OF ASPEN
ENGINEERING DEPARTMENT
130 SOUTH OA LENA STREET, ASPEN, COLORADO 81611
PITKIN COUNTY WATER LINE EASEMENT
CITY ENGINEER I DATE I PREPARED 8Y I DATE
1 .
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e:):25 AM La.pture 2(J, .1.975 kr.1,:(2pLion No .1 71;1)51 ttl i.c: Hence l:,:r.oruor
c Z... _\ BOOK 303 PAGE 503
ieleenge,-)
'611
PITKIN COUNTY
BQARD OF COrt•'IISSIONEPS 3r4;;
• AGREEMENT #4,7(15)
!), CONCERNING PEIONEER TRAIL EASEMENT WITH JAMES R. TRUETIAN
JAMES R. TRUENIAN, as the Owner of a tract of land in the County of
Pitkin, State of Colorado, which is particularly described by a deed of record
in the office of the Clerk and Recorder of Pitkin County as follows:
(See Exhibit "B" attached hereto)
-(and incorporated herein)
herewith agrees to give a pioneer trail easement to Pitkin County for public
use, maintenance and control by the County on the following terms and conditions:
• 1. The easement granted herein shall be located approximately along
. I) the line illustrated in red on a plat of the As per Center Property,erty, which line
runs through the Rio Grande Extension from the railroad bridge at the Roaring
Fork River to Mill Street. A copy of the plat is attached hereto as Exhibit •
"A" and incorporated herein by reference. •
2. The easement shall be twenty (20) feet in width as measured from
the center line of the trail when it is installed.
3. The approximate center line of the easement shall be flagged
and agreed to in the field by Robert P. Grueter, for the Owner, and George Ochs,
Engineer for the County.
4. When the approximate center line of the easement is agreed upon.
• • .as required in Paragraph 3, above, the County may enter upon the Cwner's property,
clear and build the pioneer trail, and, upon cannletion of the trail to the
satisfaction of Messrs. -Ochs and Grueter, the easement shall be given as marked
by the trail itself, subject to the conditions set forth in Paragraph 7, below.
5.' No survey description shall be required prior to the installation
of the trail; however, upon completion of the installation of the trail, a
survey description of its location as completed shall be provided at the expense
description of the trail location.
6. Once the easement has been given, the County agrees to place
signs, maintain, m_.nage and police the trail, and agrees to hold the Owner
l;ar..a1.c :.:; for any accident::, or in jurir:; •air;t_tinc: :2, u!-,cr:3 tik trail.
e
7. The easement granted shall exist in perpetuity in the County,
subject to the following conditions:
a. The Owner shall have the right to relocate the trail incident
' to any development of the property upon which it is situated.
• b. The Owner shall have the right to terminate this easement
and to reenter exclusive possession and use of the property
subject to it if, and only if, the above described tract
• cannot be conveyed, encumbered or demised by the Owner to
prospective purchasers, encumbrancers or lessees while en
cumbered by the easement granted herein. Termination pur-
suant to this provision shall be made by giving sixty (60)
days' notice, in writing, to the Pitkin County Board of
Commissioners.
The Board of Commissioners agrees to execute all documents and take
any and all actions necessary to effectuate the termination and relinquishment
of all easement rights granted hereunder upon being provided with the written
notice referred to herein..
Pitkin County acknowledges and accepts all the terms and conditions
herein.
PITKIN COUNTY BOARD OF COMMISSION RS
APPROVED: September 22, 1975
By .-ey(*i.i .e,-
i.
• Dwight K. Shenman, Jr., Cha
• • ri^∎ f 9z/;r
rg Ochs; Pitkin County Engineer
/ e(
P...• t P. Grueter - Attorney-in-Fact
for James R. y = _
..---,
Dated: 4.
1c? Par
# 100041 QUITCLAIM DEED
THIS DEED, Made this 20th day of March, 1953, between THE DENVER AND RIO GRANDE WESTERN I
RAILROAD COMPANY, a Delaware corporation, Grantor, and THE BOARD OF COUNTY COMMISSIONERS OF
PITKIN COUNTY, COLORADO, Grantee:
WITNESSETH, That the said Grantor, for and in consideration of the sum of TWO HUNDRED
SIXTY-FIVE AND NO/100 DOLLARS ($265.00) , to the said Grantor in hand paid by the said
,' . Grantee, the receipt whereof is hereby confessed and acknowledged, has remised, released,
sold, conveyed, and QUITCLAIMED, and by these presents does remise, release, sell, convey,
and QUITCLAIM unto the said Grantee, its successors and assigns forever, all the right,
title, interest, claim and demand which the said Grantor has in and to the following des-
' cribed parcel of land, situate, lying, and being in the County of Pitkin and State of Colo-
'''.' rado, to-wit:
A tract or parcel of land within the northwest quarter of the southwest quarter of Section
3" 7, Township 10 South, Range 84 West, Sixth Principal Meridian, at Aspen, Pitkin County,
State of Colorado, described as follows: Commencing at the southeast corner of said north-
" west quarter of the southwest quarter of Section 7; thence North 89 degrees 32 minutes West
184.4 feet; thence North 53 degrees 35 minutes West 335.0 feet; thence North 1 degree 15
minutes East 100.0 feet to the true point of beginning of the tract or parcel of land here-
in conveyed; thence North 7 degrees 45 minutes West 630 feet, more or less, to the southerly
or left bank of the Roaring Fork River; thence southeasterly, southerly, and southwesterly
1 along said left bank of the Roaring Fork River a distance of about 835 feet to the point of
beginning, containing 2.12 acres, more or less.
- This deed is made subject, however, to all existing easements, licenses, rights, or
rights of way for pipe lines, pole and wire lines, roads, ditches, or otherwise, upon, along,
aver, or across the land hereinabove described.
TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privi-
leges thereunto belonging, or in anywise thereunto appertaining, and all the estate, right,
title, interest, and claim whatsoever, of the said Grantor, either in law or equity, to the
only proper use, benefit, and behoof of the said Grantee, its successors and assigns for-
ever.
IN WITNESS WHEREOF, the said Grantor has caused its corporate name to be hereunto sub-
scribed by its President, and its corporate seal to be hereunto affixed, attested by its
Secretary, the day and year first above written.
1 : THE DENVER AND RIO GRANDE WESTERN
I RAILROAD COMPANY
($0.65 Documentary Stamp Attac ed
and Cancelled) �.,� By Wilson McCarthy
::
Attest: COR;' ? TE President
T. A. Thomason
-', Secretary S [. A ti T
E. L
STATE OF COLORADO
CITY AND COUNTY OF DENVER ss
The foregoing instrument was acknowledged before me this 20th day of March, 1953, by
WILSON McCARTHY as President and T. A. THOMPSON as Secretary of THE DENVER AND RIO GRANT
WESTERN RAILROAD COMPANY, a Delaware corporation.
` My notarial commission expires Jan. 12; 1956
Witness my hand and official seal.
Jesse E. Buell
i /Approved as to form / NOTARIAL Notary Public
/T. R. Woodrow /
/General Attorney / SEAL
fl -; (RECORDER'S NOTE: Map pertaining to above described tract filed with original -instrument).
N: " Filed for record on April 7, 1953 at 11:30 A.M. Wm. C. Stapleton Recorder
#100048 KNOW.ALL MEN BY THESE PRESENTS: That Matthew Drug (W 0 Matthew) Street
ity Aspen Colorado, in consideration of $ to him paid by The National Cash Register
, ompany, a corporation, of Dayton, Ohio, does hereby convey and mortgage to The National
', ,: ash Register Company, its successors or assigns, the equipment described below,
.. quantity Size and Finish of Cash Registers or Accounting or Adding Machines Serial or
1 21-33 Factory Numbers
5039968
Provided, Nevertheless, if said mortgagor shall pay to said mortgagee his note dated April 1
° 1953, for $686.10, payable in 22 payments of $30.00 each, due on the 1st day of each month
after date respectively, and one of $261.10, due 23 months after date, then this conveyance
1 :nd mortgage shall be void. Provided, Also, it shall be lawful for said mortgagor to re-
tain possession of said equipment until default in the payment of said sum, or any part
thereof. Said mortgagor agrees in case default be made in any payment aforesaid; or if he
' sell or assign, or attempt to sell or assign, said equipment; or if any Writ or Process be
levied on said equipment; or if the mortgagee shall feel insecure or unsafe, all unpaid
payments shall, at the option of said mortgagee, become immediately due and payable, and
said mortgagee shall have the right to take immediate possession of said equipment wherever
it may be found, and to sell it at public or private sale, with or without notice to the
, ortgagor, or to the. oublic, for cash or credit, as mortgagee may elect, and said mortgagee
°`' may bid upon and purchase said equipment at any such sale, and from the proceeds of such sale
said mortgagee shall pay all costs of recovering and selling said equipment, including att-
orney fees and a fair and reasonable commission for making said sale, whether public or pri-
; vate, and whether said mortgagee or another purchase said equipment, together' with the amount
due and unpaid on said note, paying balance, if any, to said mortgagor.
Signed this 1st day of April, 1953. k.
By W. 0. Matthew \
�.3•'. • ;; If firm or corporation, give title.
State of Colorado )
41 � . County of Mesa ) es. ACKNOWLEDGMENT OP INDIVIDUAL- I
;.° This mortgage was acknowledged before me this 1st day of April, 1953, by W. 10-. Matthe ��sITARIAL
Mortgagor.
My commission expires Ex Commission Expires Sept. 5, 1955, 19_, Ruth L. Pennister
SF AL)
Notary Public
Piled for p
record April 10, 1953 at 1:05 P.M. Wm. C. Stapleton Recorder
---
;:z .
•
•r Iii .let_P QUIT-1 ID—The C.F.Hoeekel Blank Book&Litho.Co-, r„Colo. il
•
1r1ptii Bush, Made this -- day of in the year of ouLone thousand nine hundred and fifty s even between LOEY RINGQUIST •of the County of Pitkin and State of Colorado,of the first part,and
ASPEN SANITATION DISTRICT, duly organized pursuant to Chapter 89,
C. R. S., 1953
of the County of Pitkin and State of Colorado,of the second part,
Witneesetb, That the said part y of the first part,for and.in consideration of the sum of
TEN DOLLARS and other valuable considerations -- ,.
to the said part y of the first part in band paid by the said part y of the second part, the receipt whereof is hereby
confessed and acknowledged, ha S remised, released, sold, conveyed and Quit-Claimed, and by these preeengaddo 0 S •
remise, release, sell, Convey and Quit-Claim unto the said part 7 of the second part, its NM andrasigns,
forever,ill the right,title,interest,claim and demand which the said part y of the first part hag in and to the•foilowing
described parcels of land situate, lying and
being in the County of Pitkin and State of Colorado, to-wit:
A tract of land within the NW- of the Mt of Section 7,
Township 10 South, Range 84 West, 6th P. M.
Commencing at the Southeast corner of the NW* off the SW '
of Section 7, Township 10 South, Range 84 West;
thence N. 89°321 West along the South line of said sub-
division a distance of. 184.4 ft.;
thence N. 53°351 West 335.0 ft. ; s.
thence N. 1° 151 East 100.0 ft. ;
thence N. 7° 451 West 217.0 ft. to true point *of beginnin
of the tract herein convoyed;
thence S. 82°151 West a distance of 303.0 ft. to a point
50 ft. easterly measured at right angles from the center line of
main track of the Aspen Branch of the Denver & Rio Grand Railroad C ;
thence N. 8° 151 West parallel with and 50 ft. easterly
from center line of main track a distance of about 585 ft. to the
southerly bank of the Roaring Fork River;
thence easterly and southeasterly along the southerly
bank of said Roaring Fork River a distance of 380 ft. more or less;
thence S. 7° 451 East 413.0 ft. to point of beginning, ,
containing 3.79 acres more or less.
Subject, however, to all existing easements, licenses,
rights, rights-of-way for pipe lines, pole and wire lines, roads,
ditches or otherwise upon, along, over or across the land herein
above described.
,,,,',,,,,1,,,,,,,,,,,,,
ICI
;1.S' ii.16.4e dstd'+o Hold the Same, Together with all and singular the appurtenances and privileges thereunto belonging
er ia aiiy'v1a th'eceeifita appertaining, and all the estate, right, title, interest and claim whatsoever of the said part y of
tb t.Iarl,.e el• .law or equity, to the only proper use, benefit and behoof of the said part y of the second part,
-, ' . 1311-Q . -�! • ?d assigns, forever.
Ti. el : lr} Wi@aA Wh reot, The said part y of the first part ha a hereunto set her hand and seal
%y ffi,c_ley ndf es `&.hhpye written.
.
, . ' -C •
0,/ f l.MP— ' .
,,� „ _, s4•Delivered in Presence of q ` ,t
(SEAL)
1, •e,•%.
(SEA )- --- ...
: -__�s< r-s.:r.•— (SEAL)
(SEAL)
STATE OP • ,►'+,�. •,,., •
es.
County of, ,t4 ° �Th`e.f�egoing instrument Was
acknowledged before me this U U . '
9 day of a_ , 19 57
by' LOEY RINGQUIST �l
Witness my hand and official seal. .Q)011 Geriu.i.vt.A./x/14..,......
41_1 commission expires
..- .--- NOTARY Pumas.
elf acting in official or representative capacity,insert name and also office or capacity and for whom acting.
• • ..-o'clock-_+ Cobl a _� AECOADER.
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