HomeMy WebLinkAboutbocc.res.034.2008 RECEPTION #: 587204, 03/05/2012 at
03:44:18 PM,
1 OF 3, R $0,00 Doc Code ORDINANCE
Janice K. Vos Caudill, Pitkin County, CO
- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
(3F PITICIN COUNTY, COLORADO AUTHORIZING VACATION AND CONVEYANCE OF A
PORTION OF TID NEWMAN TUNNEL SPUR RAILROAD RIGHT -OF -WAY TO THL MUSIC
ASSOCIATES OF ASPEN INC. AND RRF CORPORATION; AND AUTHORIZING VACATION
OF THE EASEMENT4OR MUSIC SCHOOL ROAD AND ACCMINC 4NEW EASEMENT
ON THZ MUSIC ASSOCIATES OF ASPEN INC. PROPERTY
Ordinance No.M3t •2008
Recitals
1, Music Associates of Aspen Inc. ( "Applicant") has initiated the procedure under the Pitkin County
Land Use Code for vacation and conveyance of the portion of the Newman Tunnel Spur Railroad Right -
of -Way that traverses their property. The right -of -way is described in Exhibit A, and was conveyed to
Pitkin County in 1938 by the Denver and Rio Grande Western Railroad Company by quit claim deed
recorded in Book 167 at Page 32. The portion of the Newman Tunnel Spur to be vacated and conveyed
also traverses property owned by RRF Corporation (Richard Furman); Mr. Furman has consented to the
application, and his legal access would not be affected by the vacation.
2. In addition, the Applicant is requesting to vacate an access easement that was granted to the
County in Book 476 at Page 402, in anticipation of granting a replacement easement to the County to
maintain access to public and private lands above the AMFS campus.
3. This road vacation application is governed by the standards set forth in Pitkin County Land Use
Code § 2- 30- 30(hX7) and by CRS § 43 -2 -303.
■
4. The BOCC considered the application at a duly noticed public hearing on October 22, 2008, and
on second reading at a regular meeting on November 5, 2008.
5. The BOCC finds that the proposal complies with the applicable criteria set forth in the Pitkin
County Land Use Code.
6. This vacation shall not leave any Iand adjoining the roads without an established public or
private access easement connecting said land with another established road.
NOW THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Pitkin
County, Colorado ( "BOCC ") that:
1. Effective upon receipt and acceptance of replacement easements acceptable to the County Attorney,
the BOCC approves the vacation of the portion of the Newman Tunnel Spur railroad right -of -way
that traverses the properties owned by the Musk Associates of Aspen Inc. and RRF Corporation, as
described in Exhibit A. No other portion of the Neliknan Tunnel right of way shalt be deemed
vacated by this Ordinance, and the vacation provided by this Ordinance shall be effective only upon
completion of the condition subsequent of receipt and acceptance by the BOCC of fully- binding
replacement easements in a form acceptable to the County Attorney.
•
2. Effective upon receipt and acceptance of a replacement easement acceptable to the County Attorney,
the BOCC approves the vacation of the easement granted to the County in Book 476 at Page 402 for
Music School Road.
•
RECEPTION #: 587221, 03/06/2012 at
Li 1151 09 11:41 :37 AM,
1 OF 5, R $0,00 Doc Code ORDINANCE
-7 Janice K. Vos Caudill, Pitkin County, CO
Ordinance # £ -2008
Page 2
3. Within 120 days from the date of this approval, the Applicant shall prepare an amended plat in
accordance with Section 540 -040 of the Land Use Code, and submit the plat to the Community
Development Department and County Attorney for approval and recordation. The amended plat
shall show the portion of the railroad right-of-way to be vacated and the location of the replacement
easements. The owners of the affected lots shall sign the mylar copy of the amended plat prior to
submittal for recording. The plat shall also reflect the amended easement for Music School Road on the
Applicant's property. Replacement easement documents shall be finalized prior to submission of the
amended plat or plats.
4. The Chairman or his designee is authorized to sign a deed and other such documents that may be
necessary to complete the vacation and conveyance of the Newman Tunnel Spur railroad right -of -way
to the Music Associates of Aspen Inc. and RRF Corporation, and the acceptance of the replacement
easements.
5. The County Attorney shall not approve a replacement easement that does not include provisions
acceptable to the County Engineer for addressing snow, rock, and other debris that may enter the
replacement easements from Castle Creek Road.
NOTICE OF PUBLIC HEARING PUBLISHED ON THE 21 DAY OF SEPTEMBER,
2008.
INTRODUCED AND FIRST READ AT A PUBLIC HEARING ON THE 22ND DAY OF
OCTOBER, 2008.
APPROVED UPON SECOND READING AND PUBLIC HEARING ON THE 5" DAY
OF NOVEMBER, 2008.
PUBLISHED AFTER ADOPTION IN THE ASPEN TIMES ON THE ► /VDAY OF
, 3008. 200F
THIS ORDINANCE SHALL BECOME EFFECTIVE THIRTY (30) DAYS AFTER
PUBLICATION FOLLOWING FINAL ADOPTION BY THE BOARD.
•
3
Ordinance #63Y -2008
Page 3
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
•
c . G-s�
d _ iii lctR�t i',
e ette ones Jack Hatfield
rputy Clerk Chairman ��'�
tabs /
APPROVED AS TO FORM:
uv.c C R
John Ely Cindy Houben
Count �:.a* Community Development Director
PiO3 -08
PID 273514701802 & 273513300017
L1
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,t
--- gkiaCh 11 i ce S
• .* and 'shall convey sod quit -claim to each person or persona ant;' 'A to ou ch red, ea•
- _ '., • saidr 'a, tenements and premises sold as aforesaid, and all' right, tie, inters
#5 •enefit 1 nifty or redemption of the party or the first part, 1 -mire sssigus-thb
�X� 1i6� J .. •d null Ate the su nuns a or nuns for which the soid were mold, and nob 11 refer lo th
i
J , —war or sale herein contained, and to the sale or males made by virtue thereof; and in on
•f,: aamigomoent of mach certificate or certifbentee of purchase, or in,iase of the redeem,
.7 e- . lauds; tenements and premises sold hereunder, by a subsequent encumbrancer, such
. si,,• nt or redemption shall also be referred to in such deed or de¢6e; but the notice o
- -le ne not be set out in such deed or deeds, and tbe.eoid P b11c Trustee shall, out of
—cede avails of each sale, after first payiog end rataioag ^ 1 fee*, chergea sad co: •
.7 making a: .6 axle sod advertising end promisee, pay to the ben iciary hereunder. or,tho
■e„a1 holder •f paid notes the principal and interest due on ail notsc according to the t.
- effect the - of, and ell moneys advanced by such beneficiary r leenl holder of sold no1
or insurance, • es and aseassnenta, with intereat thereon nt per cent. per annuxt. rend:
.ng the overplus f any) unto the paid party of the first p , hie legal representatives
-signs; ihich sal- or sales, and said deed or deeds eo nadOball be a perpetual bar, butt
, aw and equity egein t the end party or the Sirat part, h1$ heirs and asaigno, and all old room claiming the • emisea aforesaid, or ray part then r, by, Strom, throulb or under as
I 'by of the /Trott par or may of them. The bolder or ldera of said note or notes any ;
' base said property or -.• pert thereof; and it shall apt be obligatory upon the purchaser
1." ?. -. chasers at any each e_ to ace to the application / Of the purchase money. -
;. And the said party of t •first part, 7o r,bimseif; and for his heirs, executors, and *emir,
rotors,, covenants and agree: to end with Kee. said party of the second part, that at the 13
�'� .7 the enaealing of,and deliver of these proeenta.-§ss is well aotzed.of the eaid premises i
!.' es simple, and has pod right, 11 poser and lorifnl authority to grant, bargain, Dell en4
onvey the sane in manner and fo r as afrreaaidr h ereby fullyand absolutely waiving a.nd re
'esaing en rights and clams he .7 leave in oa to said premioes as a Eomentond Exemption, •
.er and by virtue o n
may not of the Geeral t eembly of the State of Oolora4o, now exietlne
is .r which may herea *tar be pasaed in "-iati thereto; and that tho seem are free and clear •
<,r , 1 liens and eneumbrancee whatever ( v*ep$%as hereinafter opecifio4),
I Except rights -of -way for roads and tetiea now eorstrbeted and in uae, if any.
And the said party of the Blest pa-t ; 11 in•due season pay all taxes and assessments ea
aid pr arises; and, at the reiueat of . e egal holder of and notes will keep all buildings
'., - .t nay at any.tiae be on and prenie s, ring the continuance of said indebtedness, mown
.
such tompony or companies as the lder • said notes nay, from time to tine, direct, for
-oar sun or eons as snub company o a apanie rail insure for, not de: exceed the amount of
; , I -01d indeb except at the tdon of a• : pa_•ty of the first part, and will realm and
-liver the policy or policies o insurance to • e beneficiary hereunder, or the legal holde
, .7 said notes as further recur' for the iadebt reps aforesnid. And in case of the refuse
,_ e
.r neglect of end party of tt;d :Prot part, or e/t.er of them thug to insure, or ensign or d
giver the policies of inawr 0, or to pay such tax or ass:momenta, then the holder of an
. ., i ! —tee or any of them, may p *cure ouch insuurance, or Touch tnzda or aesesamenta, and all
•nays thus paid, with in eat thereon at 6 per cent. or annum, shall become so maaeh a44it
. :i� 1 indebtedness, secured This deed of truet;.tmd a be'paid out of the pr000011. of the
:ale of the lands and ; ass aforesaid, if not otharwis ,�,ppaid by said party or tho first p.
And it 1s Stipulate Covenanted an+' Agreed, That in oas3 of default in any o. raid pay-
- -nts of principal or nterost, actor, .g to the tenor and a ct of said promissory notes
foresnid, on any of hem, or any part thereof, or of a breach violation of any of the cm
i1 is or agrsememt rein, by the party of the first part, his a outore, administrators or
esigns, than and that case the ohole of said principal sum here ceoured, and the inter,
-- - -- - - hereon to the t e of axle, may at once, at She option of tha legal ib 0or thereof, become
' .,; .ue and peyab and the said premioes he said in the manner end with thb ,snore e: of as if t
• -aid indebte as had matured.
In Witnee Whereof,,The said party of the _first port has hereunto set hie heed and. seal th
• y and ye first.above written.
771 the ; �I f 3 2 Soseph Le9try ECeal
...� TE OP C91AFAll0, ) s
,, ot. tj f
7
onnty or Garfield )
» The foregoing instrcmont was acknowledged torero me this 4th day of April,
• iszteft Jhaeph Letey••
5' 1; 1 titneae my hand and official seal.
t s :•'• commission expires July 29, 1939. Helen 3;ngstrand
e. or reoo • on : a • • or -, a : - o * tk F,,1. g.WITEIRWatTgireiridi CIAIK DEED.
98 TBI5 DEED, Made th day of April, 1* R the 7eear of our Load one thousand nine hundred
and thirty- eight, between WILSON 2oCARTEr and NE M MAN, as Trustees of the property of THE
.] atTD R GSA= WESTERN HAILROAR COMPANf, a corporation of the State of Delaware, of tb
first part, ' , �po11 enSdivision of the State of Colorado, of'the sec-
and part:
WITIO SSWT8, That the said parties of the first pert, for and in consideration of tbs cam o: -
FIPTP DOLLARS ($50.00), to tho said parties of the first part -in band paid by the maid party
of the second part, the receipt whereof is herebyconfeased end acknowledged, have remised,
releeaed, sold, conveyed and WIT CLAIM, and by these presents do remise, release, sell, cm
Toy and WIT CLAM unto the said party of the second part, its successors and aeligns forever,
all the right, title and interest of The Denver and Hio Grande neatern Bailrced 0 ompsny in ant
to the following described tracts of land at Aspen, P1taia County, State of Colorado, more
particnlsrly denoribed•ae follows:
( A strip of land 50 feet in width being 25 feet wide . on each side of the center line or a
formerly constructed wed operated spar track known as the Seeman Tome/ Spur at As,pen, Pitkin
County, Colorado; said shrier•of land extending from the nor01031*e of Section 13, Township 10
South, Mange 85 West, Sixth Principal 0.7142an, eoatbdrly to the boundary line between Corner
Numbered 1 end 6 of the Beatrice Placer, U. 5. Survey No. 11426, with an additional strip of
3F land 26 rest wide on the westerly side of the above described at:rep : extending northerly 1,000
feet from a point 60 feet southerly from the north line of the monthlong of the northwest
• . • quarter of said Beoticn 15 between original location stations 36 sad 46; all of said land be-
, lug within the northwest quarter of said Section 15;
1 .Also, a strip of land 100 feet in width being 60 feet aide on each side of the venter line
of.se1d Seaman Tunnel par as formerly constructed over and across the araree014 Beatrice
ruiner in the southwest quarter of the northwest quarter ma in the what half of the south-
west quarter of amid Section 15• f
Also, a strip of land 24 feet in width being 12 feet aide on each aid* of the. center line
of said Newman Tunnel Spar as formerly constructed extending southerly from the boundary line
between 0eraers.phmbered 2 -and a, Bonanza Placer, O. 2. Survey No. 5840, a distance of 340
• feet; thence continuing with a width of 32 feet being 12 feet wide on the southeasterly side
• and 20 fset -on the northwesterly side of said center liaa of 720 feet within
'WA Sonansa Placer; and strip or land being within the west half of the soathwaat quarter o
000015
•
. ,,
• 41 aid Section 13 and mdtbia the southeast quarter of the southeast quarter et Section 14, sold
• • hip and Range;
8eid oauter line of Heiman Tunnel Spar es torserly constructed is dencribed as follows'
Beginning at the intersection of the seater line of the former main track of The Colorado
t, ,, • , • Railway Company with the east asS went center line of Section 11, Township 10 South
, • •se 86 West; said point being 277 teat courtroom the east quarter corner of said Section Ili
-/ t k. -• -nee South 47 °•16' East alcng said center line of mein track 40 feet to the point of begisn- ,
- of the farmer Hemman Tunnel Sp; thence on curve to right with radios of 764.6 feet
1 7 Spur;
° 30' carve), 128.7 feet; thence South 37° 48' Rest, 12.1 feet; thence on carve to right vita
1,... • 02.2292.0 feet (2° 50' curve), 708 feet; thence South 20' 06' last, 1670 feet; thence
•• nurse to left with radius of 673.7 feet (10° e22ve),.350 feet; thence South 55° 06' Fast,
feet; thence on curve to right with radius of 657.5 feet (9° curve), 717.6 feet; thence
a8th 8° 33' West, 584.5 feet; thence an curve to right with a radius of 1910.1 feet (3° ourve ,
-• •-' • • •
•• feet; thence South 17° Q6' Bast, 804.3 feet; thence on carve to left with radios of
884.9 feet (2e carve), 266.7 feet; thence South 11° 46' West, 410.2 feet; thence on:curve to
ght with radius of 1146.5 feet (5 curve), 616 feet; thence Soath•42° 01' West, 169 Zest;
to on curve to left with radius of 359.3 f eet ( 16? carve), 264.1 feet; thence South 0° 16' ,
est, 316.9 feet; thonoe on curve to night with radius of 359.3 feet (16° curve), 186 feet;
• .+ South 29' 52' Most, 158.00 feet; thence on curve to right with radius of 569.5 feet
16° curve), 582 feet; thence North 89° 01' Peet, 183 feet to end of said spur in the soatbene:
• •arter of the southeast quarter of Section 14, Township 10 80328, Range 86 West, *boat 240
. - set went and about 650 feet'north fraatae southeast quarter g�marrtter� of said Bsction 14.
• TO RAYS AND TO $W4,the same together with. all and uiilgular '!Fe end privileges
• reuato belonging, or is s.yeise therehmto appertaining, and all the estate; right, title,
tares' sad claim whatsoevdr, of said Railroad Company or of the said parties of the first
t, either in law or equity, to the only proper ass, benefit and behoof al the said party
•2 the second pert, its eueteseora end assigns forever.
This quit claim deed executed and delivered in puraaance et an order of the District Oourt
.2 the United States for tbs District or 001orado, lathe matter of The Denver sad Rio drawls
eaters Railroad Company Debtor, 80. 8559.
IN WITNESS WBERROP, the said parties of the first part have executed this deed the day and
: -ar first above written.
APPROVED A6 TO 228* Wilson McCarthy
T. R. Comm Hoary Swan
02832x'• *770828! As Trustees of .the property of 788 DENVER AND
RIO GRANDE WsaT251 323/7063 coma.
STATE OP COLORADO, ) sq.
• 0ITY AND C07RTY 08 DENVER. )
I, JESSE R. BUELL, a Notary Public, in and for said City end County, in the
• tate.�foresaid, do hereby' certify that 1"1011 MoCARTTS And 3582! SWAN, who are Derv* 'ally •
• 'horn to me to be the persons those named' re subscribed to the foregoing deed, apps_.ed be-
• era me this day in parson end acknowledged that they signed, sealed end delivered maid
• trument of writing as their tree end voluntary act e014 deed, for the users and purposes
- -- -- ~ •- rein net Certb.
Given under my' head and Sotarial *mil this 4th day of April, A. D. 1956.
My Commission expires Pebrnary 4, 1940
. Jesse 2 Paoli
s� 3a. '
. Piled for record co the lath ay of April A.D.1908, at 4:10 o'clock P.M. M L 5* rdt,gecorde r.
i 189609
D0ROT2Y 132228T, 32237RAIL, COLD �,,.•
•uaty • -of PIT$IN Oouaty. Rece Ro. 76842
RECEIPT FOR IPCR TAX , Y
OFFICE PP 282 TRBASUR&R ¢F
THE STATE OF COLORADO ,✓
460 38 ,7 Denver,Colo DEC 21 . 1937
Received of DO; •... 1i'PPBRT, *28t
L •f the estate of ..-.:,' N UM, deceased POUR g&TY AND:38/100 Dollars for In --
_ .62itance Tax and. tees . examination and isanano of waiver, as itmeimed below, due Ito the
Late of Colorado from ear. :state; parauaat to order of Z. Hon WN 2 SHAW, dndgs-of the
r
r ate 0ourt of PITEIN C..•. Date of death decedent 3232 19 1936 Value of property,
ass 18 778 60 deductions 5 52 '+ net 15.854 53
Description of property:
L82a 18, 19, 550 22, LOTS 2, 3, 7, . ,. •':0 27, LOT 5 SEC 26, LOT 5,
10 330 27, 102 14 SEC 22, LOT 20 .,r. - 25, - - 4 SEC 26, LOT 1
620 27 ALL IN TP 9 8 R 05 W 612 P $ 10 000 00
88 )2y, LOTS 3, 6, 7, pi nvi ,,. 20 TP 9 8 :. W 828 P. M. 2 500 al LOTS 7, 8, 17, MC 35, ' Wail O, 14; 16, 820 LOTS 5, 4, SRC 55,
L02 19 850 26, LOTS 1, 2, 9 ., 12, 13, 820 38.TP • S R 85
. y 3 BIB, P. M. ,j 2 000 00
•31 OARS, ASPEN STATE BANSf 49 00
' ' .� 2 2 82 COM OIT282 8 N'8 104 60
� . - 5IScKL14NR0US PERS TY ' 1 485 00
•� 4 08 2 640 DO
418 778 60
Tax fixed order of court - - -- 368 75
Internett� ••-- - - - - -- . - ---_ 61 35 -: .. P. 5edford. •
Pees Axxminatdan and waiver --- --- 10 00 Treasm'er o i- - a o 0 0 ore.o
TO --- -.- --- - - -__-- 42 By R D ek
2.02 OAR 36 27
480 39
ed for record on the 14% day of April 2.2.1958. at 10:08 o'clock A.R. M.N. - Ne dt,Recoros7
000016
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO, GRANTING DETAILED/FINAL PLAT APPROVAL FOR THE WAGMAN
SUBDIVISON
Resolution No.d~-2008
RECITALS
1. David Wagman (`Applicant'), has applied to the Board of County Commissioners of Pitkin County,
("BOCC"), for Detailed/Final Plat approval to create a two lot subdivision.
2. The Applicant submitted a complete application prior to July 6, 2006, therefore, the application is
being considered pursuant to the 1994 Land Use Code, as amended.
3. The properiy is zoned AFR-10 and contains approximately 27.448 acres.
4. The property is lot 7, Aspen River Valley Ranch 'f n~7 rr'hP~{ 'n err r Pnt A.
5. The Planning and Zoning Commission heard this application at their regularly scheduled public
meeting on January 15, 2008, at which time they recommended approval by a vote of 5-0.
6. The BOCC reviewed the application at a duly noticed Public Hearing on ls` Reading on March
12, 2008, at which time evidence and testimony were presented with respect to this application.
2"a Reading was heard at a Public Meeting on Apri19, 2006.
7. The BOCC finds that the application is generally consistent with the applicable provisions of tl~e
Pitkin County Land Use Code.
NOW THEREFORE BE IT RESOLVED by the Pitkin County Board of County Commissioners
that it hereby grants Detailed/Final Subdivision approval for the Wagman Subdivision subject to the
following conditions, which shall run with the land and be binding on all successors in interest:
The Applicant shall adhere with the conditions of Resolution No. 130-2006 unless otherwise
replaced or amended by the conditions of this approval.
2. Prior to submittal of any building permit applications, the Applicant shall record a Final Plat in
accordance with Section 5-40-020 of the Lai~d Use Code.
3. Condition #24 of BOCC Resolution No. 130-2006 shall be rescinded and replaced with condition
#11 of this Resolution.
4. Condition # 14 of Resolution No. 130-2006 shall be amended to say: "Prior to the submittal of any
building pennits for either Lot, the Applicant shall obtain an Access/Driveway Development
Permit for individual driveways from the County Engineer. The plans must address the crossing
of the platted "drainage area' and must be stamped by a registered engineer in the State of
Colorado."
5. The Applicant shall not request a constrained site Transferable Development Right for the Lot
created by the CDOT ROW identified as Lot 7c (3.045 acres) on the draft subdivision plan. A
plat note shall also be placed on the mylar subdivision plan to reflect this condition.
6. Prior to issuance of a building permit, the Applicant must apply for and shall obtain an approved
Revegetation Report from the Pitkin County Land Mana~er.
RECEPTION#: 548539, 04122/2008 at
04:28:48 PM,
1 oF 2, R$0.00 Doc Gode RESOLUTlOIV
Janice K. Vos Caudill, Pitkin County, CO
Resolution No. ~-2008
Page 2
7. Priar to issuance of a building permit, the Applicant shall provide documentation that any and all
affected ditch companies have been notified about the proposed development.
8. Priar to issuance of a building permit, a final landscape plan shall be submitted for review and
approval by Community Developmeut The plan shall include a wildlife screening plan for Lot
7A that includes, at minimuin, 12 spruce trees from 8' to 10' high to the north and east of the
building envelope. The plan shall be executed prior to any construction activities.
9. Prior to issuance of a building permit, the Applicant shall record a fishing easement along both
river edges of the Roaring Fork River. This easement shall include public access for both the
stream and land area five feet (5') beyond the high water mark on the stream bank.
10. All material representations made by the Applicant in the application and in public meetings shall
be adhered to and considered conditions of approval, unless otherwise amended by conditions.
11. Statutory vested rigllts for the approval contained herein are granted pursuant to the Pitkin County
Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land
Use Code, § 4-140 and C.R.S., § 24-68-105. The statutory vested rights granYed herein shall
eapire on ~~ 9- ~ai/ .
NOTICE OF THE PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON
THE 10`h DAY OF FEBRUARY 2008.
INTRODUCED ON FIRST READING AT A PUBLIC HEARING on the 12"' day of March, 2008.
APPROVED AND ADOPTED ON SECOND READING on the 9`~' day of April, 2008.
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
By
Jack Hatfield
Chairman
Date ~/-c,~~~-~~
APPROVED AS TO FORM:
John Ely,
Coun ey
PID# 246725400004
P102-06
APPROVED AS TO CONTENT:
nd Houben,
Community Development Director
~
APPROVED BY R1•17:03 RM#: 554953, 12/11l2008 at
RESOLUTION ~ oF s, R$31.00 Doc Code EASEMENT
# 0 3 y_ O~ Janice K. Vos Caudill, Pitkin County, caQ(~TRACT ~i ~~~ ~
~ FISHING EASEMENT AGREEMENT
THIS AGREEMENT ("Agreement") is made this ~~ day of ~;~h e%2008,
and is granted by and between DAVID SIMON WAGMAN and CALLIE STARMAN
WAGMAN (hereinafter referred to as "Grantor") and the BOARD OF COUNTY
COMMISSIONERS OF PITKIN COUNTY, COLORADO (hereinafter referred to as
°Grantee") in connection with the land use approvals described below.
RECITALS:
WiiEREAS, Grantor is the owner of certain real property within Pitkin County,
Colorado (the "Property"), more particularly described in attached Exhibit "A"; and
WHEREAS, Grantor has obtained approval from the County for the subdivision
which approval is evidenced by Pitkin County Resolution No. 034-2008 captioned
"Resolution of the Board of County Commissioners of Pitkin County, Colorado Granting
Approval of Wagman Subdivision" recorded at Reception No. 548539 of the real estate
records of Pitkin County, Colorado; and
WHEREAS, Grantor desires to grant to Grantee a fishing easement over the
Property of Grantor; and
WHEREAS, Grantee desires to accept said Easement subject to the restrictions
set forth herein, and assume certain responsibilRies in connection therewith.
1. Easement. Grantor hereby grants to Grantee for the use and benefrt of
the general public a non-exclusive easement for the purpose of fishing in the Roaring
Fork River (hereinafter the "River") where the same Vaverses the Property owned by
Grantor ("Fishing EasemenY). Specifically, this Fishing Easement shall extend and be
limited to five (5) feet horizontalfy along the ground from the high water mark on the
Property following the natural banks of the River (the "EasemeM Area"). Grantor hereby
reserves the right to use and enjoy the Easement Area, water and water rights, and
lands beneath and the airspace above for a{I purposes and uses which do not
unreasonably intertere with the enjoyment by the public of the rights herein granted.
Grantor shalt not be obligated to clear any banks, prune or remove any vegetation or
otherwise change any natural conditions along the banks of the River.
2. No Easement for Access. Nothing contained herein shall be construed to
grant an easement across the remainder of any of the Property owned by Grantor for
ingress and egress to the River. This Fishing Easement is solely for fishing by the public
along the course of the River and shall be strictly construed. The Easement Area shall
be used only by fishermen on foot. Grantor may post signs for purposes of enforcing
any of the provisions hereof, including without limitation notifying the public that private
property is being crossed and to stay within the Easement Area. The County shall keep
the Easement Area free and clear from any refuse or trash deposited by fishermen.
Where fishing seasons are established under state or local laws, use of the Easement
Area by fisherman shall be limited to the dates of such seasons.
3. No Interference. The exercise of rights granted hereunder shall not
interfere with the use of the property burdened thereby and sha1V not, in any manner,
interfere with the use of any of any water rights associated Hrith the Properry.
4. Malntenance and Insurance. By granting the easement hereunder,
Grantor shall have no obligation to repair, clear or othervvise maintain the Easement
Area or to insure or indemn'ify the County for any injury, claim or damage to any person
or property, whether alleged to have occurred while using the Easement Area for fishing
purposes or otherwise and due to the condition of the River or its banks or otherwise.
By accepting the Fishing Easement granted hereunder, Courrty agrees:
A. Grantor's immunity and Grantee's Obligation to insure. The parties
~~
expressly acknowledge that the Fishing Easement is granted for a recreational
~~
purpose under C.R.S. Section 33-41-101, et seq., and that Grantor is entitled to the
benefits, protections and iimitations on liability afforded by Colorado law governing
recreational easements, including without limitation said Section 33-41-1U1, et seq. By
granting the Fishing Easement, Grantor shall have no obligation to repair, clear or
otherwise maintain the area witfiin the Fishing Easement, or to insure or indemnify
Grantee or the public for any injury, claim or damage to any person or property, whether
alleged to have occurred as a resuk of use of the Fishing Easement for public non-
motorized travel or othervvise, or due to the condition of the Public Trail Area.
Grantee further agrees to add Grantor (and its successors and assigns in the ownership
of the underlying real property traversed by the Fishing Easement, or any part thereo~
as additional named insured on its comprehensive general liability insurance policy,
which insurance shall be maintained by the Grantee to provide protection against
liability from claims arising out of the use of the Fishing Easemerrt. Such insurance shall
be carried in amounts not less than the liability limits specified in C.R.S. Section 24-10-
114(1), as it may be amended irom time to time, and shall provide Grantor and its
successors and assigns with thirly (30) days advance written notice prior to cancellation
or termination. Grantee shall, upon written request therefore from Grantor or any
successor or assign, provide a Certificate of Insurance as verification of complia~ce with
these requirements.
B. To reserve to Grantor the right to claim full credit for the Easement Area
under the Pitkin County Land Use Code as the same may be amended from time to
time in any future land use application or approval re{ating to the Property.
5. Gates. 5is~ns and Fences. Nothing in this Agreement shall authorize or
entitle the County to erect or to remove any gates, signs or fences within the Easement
Area.
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6. Desianation of Succesaor. Grantor, by instrument duly recorded in the
real estate records of Pitkin County, Colorado, may designate a party to succeed to all
the rights, privileges and remedies of Grantor hereunder.
7. Runnin~ of Benefits and Burdens. Ali provisions of this Agreement,
including the benefits and burdens, run with the land and are binding upon and inure to
the benefit of successors and assigns of the parties hereto. This Agreement and the
grant of the easement hereunder to the County are made subject to any existing
easement, reservation, restrictions or rights-of-way.
8. Attornevs' Fees. In the event the interpretation or enforcement of this
Fishing Easement should ever become the subject of litigation between Grantor (or
Grantor's successors and assigns in the record ownership of the underlying real
property traversed by the Fishing Easement, or any part thereo~ and Grantee, the
substantially prevailing party shall be awarded its reasonable costs and attomeys' fees
incurred in connection therewith.
IN WITNESS WHEREOF, Grantor has hereunto set its hand and seal the date
and year first above uvritten.
GRANTEE:
BOARD OF COLlNTY COMMISSfONERS OF
PITKIN COUNTY, OLORA Q
, ~ - ~
By
C ai rson
3
ACKNOWLEDGMENT
State of Cal'rfornia
County of LO 5 Q n y[.I? S )
O~ ~~ a0 2.l)~ 3~ before me, v f L n dh .S ~ bL/'r (~) o~c~~ ~~d b(~ L
(insert name and title of the ~cer)
Personally appeared l~av ~ b S'..n o n W~ y ma~ f Cal`~~ S+~'man w~+~ man, who
proved to me on the basis of satisfadory evi ence to be the perso s whose nam s is/are
subscribed to the wit~ strument~and a~wledged t~me that~ they e~uted the
same in hia/heNthev orized ca city ies),) and that b~hisTherRh ' ignatur~(y~n the
instrumeM the pers s or the entity on behalf of which the pers s acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of Calitomia that the
foregoing paragraph is true and corred.
WITNESS my hand and oificial al.
Signature (Seal) BRENDA SIBERT
COMM. #7~96258 z
~ ~ ~s Notary Public - Califomia A
z % - Los Angeles County ~
M Cmnm. Expires r. 72, 2012
State of Cal'rfomia
County of )
On before me,
(insert name and title of the officer)
Personally appeared . ~o
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and adcnowledged to me that helshe/they executed the
same in his/herttheir authorized capacity(ies), and that by his/herftheir signature(s) on the
insVumeM the person(s), or the entity on behalt of whicfi the person(s) acted, executed the
insVument.
I certffy under PENALTY OF PERJURY under the laws of the State of Calffomia that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
4
STATE OF COLORADO }
) ss.
COUNTY OFPITKIN ) ~
The f regoing was acknowledged before me this /D day of 7~~Be,2, 2008,
by T r..k ~(,~, as Chairperson, Board of County Commissianers of Pitkin
County, Colorado
W{TNESS my hand and official seal.
My commission expires: l.t -o I- zca9.
~~G%%~~
otary Pu~lic
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U~ ; ~EAr,~
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5
EXHIBIT "A"
6