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Home My WebLink Aboutbocc.con.122.2008CONTRACT #�,�00 SS PUBLIC TRAIL EASEMENT A RECEPTION#: 547291, 03/17/2008 at OZ:58:51 PM, 1 oF 10, R$0.00 Doc Code AGREEMENT Janice K. Vos Caudill, Pitkin County, CO THIS PUBLIC TRAIL EASEMENT AGREEMENT (the "Easement AgreemenY'), is made and entered into this � day of �, 2008 by and between Kenneth M. Good; Sr.; the Nicholas J. Zeigler Revocable Living Trust Agreement dated May 5, 1992, (collectively, "Landowners" or "Grantors"); and the Boazd of County Commissioners of Pitkin County, Colorado ("Pitkin County" or the "County" or "Grantee"). The Landowners and the County aze from time to time collectively referred to herein as the "Parties." RECITALS: 1. Grantors are the record owners of certain real property known as Lots A and B of the Wild Rose Ranch Subdivision in Pitkin County, Colorado, which properties are depicted and described as Tracts A and B on the Wild Rose Ranch Subdivision Plat (the "P1aY'). The Plat is recorded with the Pitkin County Clerk and Recorder at Book 14, Page 33. Lots 1 and 2 comprise the entirety of the Wild Rose Ranch Subdivision, and sha11 be referred to collectively as the "Properties:' 2. Grantee manages public trails in Pitkin County, Colorado and wishes to provide public trail access along the old Crystal River Raikoad Right of Way (the "ROW ') as it crosses the Property and passes from one end of the Wild Rose Ranch subdivision to the other, such that the public will have trail access from the North Redstone Bridge to Filoha Meadows. The ROW is also shown on the Plat; and 3. This Trail Easement is a component of a settlement agreement reached between the Grantors and the Grantee to resolve litigation in Pitkin County District Court Case No. 03 CV 87 and Colorado Court of Appeals Case No. 2007 CA 1499. 4. Grantee desires by this instrument to accept said Trail Easement subject to the restrictions set forth herein. AGREEMENT NOW, THEREFORE, for and in consideration of the mutual covenants and agreements set forth herein, and for other good and valuable considerations, the receipt and suffciency of which are hereby acknowledged, Grantors and Grantee agree as follows: 1. Grant of Public Trail Easement. Grantors hereby grant, transfer and convey unto Grantee and its successors and assigns forever, for the use and benefit of the general public, a perpetual non-exclusive easement and right-of-way (hereinafter, the "Public Trail EasemenY') over and along a twenty (20) foot wide strip of real property which lies ten (10) feet on either side of the centerline of the existing access road (sometimes referred to as Dorais Way) which runs along the ROW and is generally depicted on the � IXHIBIT �i 1 � � �� attached Exhibit A. The Public Trail Easement sha11 run along the entire extent of the ROW as it passes from one end of the Wild Rose Ranch subdivision to the other, such that the public will have trail access from the North Redstone Bridge to Filoha Meadows. The County may, but shall have no obligation to, maintain (including, without limitation, paving) the Public Trail Easement in its sole discretion. The public shall be entitled to use the Public Trail Easement for trail purposes including pedestrian, equestrian, bicycle, cross-country skiing, and similaz uses, but excluding motor vehicles. 2. Survev. Pitkin County shall prepaze a survey of the centerline of the Public Trail Easement. Upon completion of the survey, Pitkin County shall re-record the Public Trail Easement along with the survey. 3. Attornevs' Fees: Venue. In the event the interpretation or enforcement of this Public Trail Easement Agreement should ever become the subject of li6gation between either or both of the Grantors (or their successors and assigns in the record ownership of their respective Properties traversed by the Public Trail Easement, or any part thereo� and Gtantee, the prevailing party sha11 be entitled to an awazd of its reasonable costs and attorneys' fees incurred in connection therewith. Exclusive venue for any and all lawsuits or claims arising under or relating to this Agreement is ageed to be in Pitkin County District Court. 4. Binding Effect. This Easement Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors and assigns forever including all future record owners of the Properties traversed by the Public Trail Easement, or any part thereof. The benefits and burdens hereof shall also run with the titles to the Properties and all parts thereof traversed by the Public Trail Easement. T'his Easement Agreement may only be amended by a writing signed by Grantee and by the then-record owners of the Properties traversed by the Public Trail Easement. 5. Contineencv in Event of Litigation Impairin� Easement. In the event that any person, entity, or other party of any kind institutes litigation or any other proceeding of any kind challenging this Public Trail Easement, and obtains a final, non-appealable judgment by a court or other tribunal of competent jurisdiction that has the effect of impairing in any way the public's or the County's use of the Public Trail Easement, the easement so impaired shall be deemed relocated as a matter of law to the alignment stipulated by the parties in the litigation, i.e., that alignment which places the eastem-most boundary of the easement in question along the eastern- most boundary of the ROW. All other provisions of the affected easement shall remain the same, except tkat the widtlraf th� easement shall be 1� feet rather thair20 feet. Iir addition, shouYd the — Public Trail Easement be so relocated, but the County Motorized Access Easement also granted in accordance with the Parties' settlement remain along the original alignment, this Public Trail Easement sha11 include a right to use motorized equipment along the Public Trail Easement to construct and maintain trail facilities within that easement. 6. Notice. Notices shall be given to the parties at the addresses listed below. Notice shall be effective by hand delivery on the date of hand delivery, or one day following deposit in the U.S. mail, postage prepaid, retum receipt requested, addressed to: `a Pitkitt County Pitkin County Attomey 530 East Main Street, Suite 1 Aspen, Colorado 81611 Nicholas J. Zeigler Living Trust Agreement dated May 5, 1992 Kenneth M. Good, Sr. Two Hillcrest Green 12720 Hillcrest Road Suite 720 Dallas, TX 75230 With copy to: Pitkin County Open Space and Trails Deparhnent 530 E. Main Street, 3`d floor Aspen, Colorado, 81611 With copies to: Evelyn Ziegler 328 Banyan Blvd., Suite J West Palm Beach, FL 33401 Joan Ziegler 994 Northwest 7th Street Boca Raton, FL 33486 With copy to: Robert M. Noone The Noone Law Firm, P.C. P.O. Drawer 39 Glenwood Springs, CO 81602 In the event any of the Parties shall change their address, or shall be replaced by successors in interest, they shall give notice in writing to the other Parties, or in the absence of such notice the above addresses sha11 be effective for notice. 7. Recitals. The Recitals contained in this Agreement aze hereby made an integral part of the Agreement. 8. Recordine. The Parties hereto agree tttat upon si�ature by all parties, Pitkin County shall record this Easement Agreement in the Rea1 Property Records of Pitkin County, Colorado. 9. Quiet and Peaceful Enjoyment. The Parties hereto each agree to perform all obligations hereunder to insure that all Parties, their assigns, heirs, successors, tenants, guests and invitees shall be entitled to quiet and peaceful enjoyment of all rights granted by such performance. 10. CounterpartS. The Parties agree that the within Settlement Agreement may be executed in counterparts and that the counterparts taken together sha11 constitute the whole Agreement. Facsimile signatures shall be accepted as original. 11. Remedies. In addition to any other remedies available to an aggrieved Pazry it is specifically agreed, without limitation, that the Parties may seek specific performance, injunctive relief and damages as a remedy herein. 3 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the � day of NI�, e�_, 2008. ATTEST: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO a, � �,(", By: Jones Ja atfield, Chairm Clerk and R order �� Ke th M. ood Sr. APPROVED AS TO FORM: �opher Seldin ` Assistant Pitkin ounty Attorney STATE OF COLORADO � COUNTY OF PITKIN Nicholas J. Zeigler Living Trust Agreement (May 5, 1992, by _ -- — — __ -- — 1r"� The above instrument was acknowledged before me this � day of �+u�� . 2008, by �� .: elc� as Chairman of the Boazd of County Commissioners of Pitkin County, Colorado. Witness my hand and offi�ial seal. My co �� y ��aa _�,......p��s: �T'�' ` = -•- �� _ Y•�MwM'r�SS ��-� 0 Notary Public STATE OFE$b9B9.aD ) �� ) ss COUNTY OF�N ) DM l q.t The above instrument was acknowledged before me this �day of �buva-, _, 2008, by Kenneth M. Good, Sr. 0 Witness my hand and official seal. My commission expires: o b. 09. pq . �. u ' '...I �° � � � STATE OF FLORIDA ) ) ss. COUNTY OF PALM BEACH ) The above insmiment was acknowledged before me this _ day of , 2008, by on behalf of The Nicholas J. Zeigler Living Trust Agreement dated May 5, 1992. Witness my hand and official seal. My commission expires: � Notary Public JAN-31-2008 02:57 PM ;Nn�, 3!. lC�!k 11:16FM �"J;ti CO b'.4Na:;ek R0.',')d3 P�i IN WITNESS WHEREOF, the pardes have hereunto set thoir hands a�id seals aa of tqa day of �, 2008. ATfEST: JeananaJones Deputy Clerk aud Recorder aOARD OF COUNfY COMMLSSTONERS OF PITI:IN CUL:�7Y, COLORAbo H='� - — Jeck Hatfietd, C;k�eiYxnan •._�� , F ��r�� Keanetb M Good Sr. Nichol� . ZeigJcr ivin� Trust ,P,greemeat (Mr�y 5, 1992, by" _ APPROVED A9 TO FORM; Cheatophez G, Seldin Asslstsat Pitkin Counry Attorney STA'TE OP COLORADO ) ) sg � COUNTY OF PITKIN ) ?he ebove instnuuent was aclmowledged befare me thia _ day oF , 20(�B, by ; - - _, ss�heitman oftluBoet�o€CoUnt��ommi,ssioners-ofPitkin CounLY�Coloc�do. __ -� Wihuss my head end offioial seal. � � My Coumuasion pcpiros; _ Notsry Plablic " 4 P.04 JAN-31-2008 02:57 PM dAti,3; 2p9� i2:26?N P:'Y:� �G f1p��;c, ;, P.05 0.'0, 3r,.gj ?.. �i i STA'IE OF COLORA.L10 ) ) gs COUN7'Y OF PITKIN ) The above insWment was a�;l.."lnwledged bofore me thie � day of • Zaf18� by Kameth M. (3ood, sr. wimeas my hand aad offici�l aeal, My eommissio�l expuos; Notazy Public STATE OF FLORIDA ) , ) ss. COUNTY OFPALM BEACH ) , '[he �bovE instrumont was acknowtedged bcfon tne Yhia S�, day of .�;,,�,, ?AOE�, bY • �v�•, ��1,t— on behalf of Tk�e Nicholas J. Zeigler L#viAg Ttust Agteemont 48ted ,1Zay ; 5, �992. �— V1�imoss my hand ead oPAcial soal. i1� COIDIIl188100 QCp1tE9: ` ,� � � �� I Nocazy ub ic � SHERYLL.MAHONEY � � t�n' �waareeroN � DD eiaeof an ewu�s:M.rsa.zoio No0�N0iN1Y RNaryOYOan�Aro0.0s. 5 EXHIBIT A LEGAL DESCRIPTION OF PUBLIC TRAIL EASEMENT