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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: JPW- saved: 9/7/2005-21943:\john\word\memos\vacation~stage mad.doc P54 '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 P55 II - P56 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. JPW- saved: 8/25/2005-531-G:\iohn\woraSords\vaeation-sta~eroad.do¢ / 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 P57 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 P58 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