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Home My WebLink Aboutordinance.council.041-05'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 all respects with the City's Public 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, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Page: I of 5 10/18/2005 0g:57 SILVIA DAVIS PITKIN COUNTY CO R 26.00 D 0.00 Section 1. That the portion of the Stage Road Right-of-Way described and depicted on Exhibit A appended hereto and by this reference incorporated herein, shall be, and the same hereby is vacated subject to the conditions set forth below. 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 this 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 Page: 2 of 5 10/18/2005 09:57 SILVIA DAVIS PITKIN COUNTY CO R 28.00 D 0.00 amended as herein provided, and the same shall be construed and concluded under such prior ordinances. the~ A public hearing on the ordinance shall be held on day in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the /~o day 2005. .FINALLY adopted, passed and approved ~2005. t~elen l~tllrrlrdal~erucl, rvlayor JPW- ~: ~-53i ~:kio~Xwor ~or~Xv~mion-s~ero~. doc Page: 3 o¢ 5 10/lg/2005 0g:57 SILVIA DAVIS PITKIN COUNTY CO R 26.00 D 0.00 Page: 4 o¢ 5 10/18/2008 0g:87 SILVIA DAVIS PITKIN COUNTY DO R 26.00 D 0.00 Stage Road Right-of-Way Vacation Exhibit Map N 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 1 OF 2 LE2 LINE TABLE LINE LENGTH BEARING LE1 46.12' N 01°01'58" E LE2 1009.04' N 88°21'30'' E LE3 295.69' N 89°43'40'' E LE4 331.30' S 89°37'07" E LE5 105.76' S 87°14'42" E LE6 48.92' N 53°00'41" E LE7 47.88' N 88°13'15'' E LES 45.8T S 43°12'15" E LE9 38.70' S 03°45'10" W LEI0 23.15' S 89°09'40" W LE11 30.02' S 89°09'40" W LE12 8.04' S 74°30'42" W LE13 618.95' S 89°13'52" W LEI4 316.02' S 89°16'56" W LEI5 228.21' S 88°59'33" W LE16 156.94' S 89°08'18" W LE17 144.94' S 88°56'55'' W LE18 136.14' S 88°41 56 W LE19 189.99' S 89°42'25" W LE20 5,9T N 87°18'47'' W 5OO SCALE 5OO 1/4 Comer Se~ion 2 found 1954 BLM Brass Cap ( IN FEET ) 1 inch -- 500 ft. SOPRIS ENGINEERING - LLC CML C0NSULTANT~ 502 Y.~IN STREET, SUITE A3 CARBONDALE, COLORADO 81623 (gTO) 704-0311 25055 08/23/05 23033pl(]t. DWO 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 corner 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 comer, 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 Harvey Planned Unit Development/Subdivision 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 corner; 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. Page: 5 o{~ 5 10/18/2005 09:57 SILVIA DAVIS PITNIN COUNTY CO R 26.00 D 0.00 SOPRIS ENGINEERING - LLC CML CONSULTANTS 50;8 YAIN STREET, SU/TE A3 CARBONDALE, COLORADO 81683 (970) 704-0311 23033 08/23/05 23033plat. DWG