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Home My WebLink Aboutbocc.con.123.2008CONTRACT #~/~,~-~0~~ RECEPTION#: 547292, 03/1112008 at 02:58:52 PM, 1 of to, R $0.00 Doc Code AGREEMENT Janice K. Vos Caudill, Pitkin County, CO MOTORIZED ACCESS EASEMEN _ - -______ THIS MOTORIZED ACCESS EASEMENT AGREEMENT (the "Easement Agreement"), is made and entered into this ~ day of /Llarc~ , 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 Board 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 aze 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 "Plat"). 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 shall be referred to collectively as the "Properties." 2. Grantee manages public trails and property in Pitkin County, Colorado and wishes to obtain motorized access for itself and the United States Forest Service along the old Crystal River Railroad 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 County and the Service will have motorized access from the North Redstone Bridge to Filoha Meadows. The ROW is also shown on the Plat; and 3. This Motorized Access 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 Motorized Access 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 sufficiency of which are hereby acknowledged, Grantors and Grantee agree as follows: 1. Grant of Motorized Access Easement. Grantors hereby grant, transfer and convey unto Grantee and its successors and assigns forever, a perpetual non- exclusive easement and right-of--way (hereinafrer, the "Motorized Access Easement") over and along a twenty (20) foot wide strip of real property which lies ten (10) feet on B EXHIBIT 1 ~ 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 attached Exhibit A. The Motorized Access Easement shall 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 County and the United States Forest Service shall have trail access from the North Redstone Bridge to Filoha Meadows. The County and the Forest Service may use the Motorized Access Easement for official administrative uses, land management, law enforcement, firefighting, emergency medical, and all other official business purposes, and to construct and/or maintain the trail contemplated by the Parties' settlement agreement and the Trail Easement provided for therein. The County may, but shall have no obligation to, maintain (including, without limitation, paving) the Motorized Access Easement in its sole discretion. The County will erect and maintain prominent signs at both places the County Motorized Access Easement enters the Wild Rose Ranch Subdivision stating that it is a "PRIVATE ROAD -ALL MOTOR VEHICLES PROHIBITED EXCEPT AS SPECIFICALLY ALLOWED." 2. Survev. Pitkin County shall prepaze a survey of the centerline of the Motorized Access Easement. Upon completion of the survey, Pitkin County shall re-record the Motorized Access Easement along with the survey. 3. Attorneys' Fees; Venue. In the event the interpretation or enforcement of this Motorized Access Easement Agreement should ever become the subject of litigation between either or both of the Grantors (or their successors and assigns in the record ownership of their respective Properties traversed by the Motorized Access Easement, or any part thereof] and Grantee, the prevailing party shall be entitled to an award 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 agreed 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 Motorized Access 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 Motorized Access Easement. This Easement Agreement may only be amended by a writing signed by Grantee and by the then- record owners of the Properties traversed by the Motorized Access Easement. 5. Contingency in Event of Litigation Impairing Easement. In the event that any person, entity, or other party of any kind institutes litggation or any other proceeding of any kind challenging this Motorized Access 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 use of the Motorized Access Easement, the easement 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 eastern-most boundary of the easement in question along the eastern-most boundary of the ROW. All other provisions of the easement shall remain the same, except that the width of the easement shall be 15 feet rather than 20 feet. 2 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, return receipt requested, addressed to: Pitkin County Pitkin County Attorney 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 Department 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 shall be effective for notice. 7. Recitals. The Recitals contained in this Agreement are hereby made an integral part of the Agreement. 8. Recordine. The Parties hereto agree that upon signature by all parties, Pitkin County shall record this Easement Agreement in the Real Property Records of Pitkin County, Colorado. - --- 9. _ Quiet and_PeacefuLEnjoyment. The Parties hereto each agree t~gerform 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 Easement Agreement may be executed in counterparts and that the counterparts taken together shall constitute the whole Agreement. Facsimile signatures shall be accepted as original. 3 2 11. Remedies. In addition to any other remedies available to an aggrieved Party it is specifically agreed, without limitation, that the Parties may seek specific performance, injunctive relief and damages as a remedy herein. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the ~ day of /'~,~c~-- , 2008. ATTEST: BOARD OF COUNTY COMMISSIONERS OF PITICIN COUNTY, COLORADO By: ae~ Hatfield, C man Nicholas J. Zeigler Living Trust Agreement (May 5, 1992, by APPROVED AS TO FORM: s opher G. a 'n Assistant Pitkin County Attorney 4 STATE OF COLORADO ) ss COUNTY OF PITKIN ) The above instnunent was acknowledged before me this day of ~, 2008, by J Oic,`4. ~~t~as Chairman of the Boazd of County Commissioners of Pitkin County, Colorado. Witness my hand and official seal. ~~ eapbxs °~ My commission expires: ••« ~ NoT 5:dco _: ~~ ~ _,~ , o y Public y M ~ ^ ` _ a ~ j• t I~ O f ~ ,,',,~~11et/tat \\\````~ 5 _ TeXAS STATE OF ~9b9~4BO COUNTY OF 1~ DMi Ars ss The above instrument was acknowledged before me this Z51H day of F, 2008, by Kenneth M. Good, Sr. Witness my hand and official seal. My commission expires: ob.o9•o9 blic STATE OF FLORIDA ) ~<~'Y ~ Jacktyn R Perry My Cowmiss~on Expires COUNTY OF PALM BEACH ) ss ~~~~ usrzerzeos The above instrument 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 6 / n F18. §, 2D08 4;20PM PITKIN CO MANAGER N0. 3024 P. 5 In addition to ~Y other remedies available to an aggrieved Party it is 11. ~ ciftc ormanco, injunctive specifically agreed, without limitation, that the Panics may seek spe p~ relief aad damages as a remedy herein. Sl WT'TNE55 WHEgEOF, the Parties have horeuato set their hands and seals as da oP , 2005. of the Y A'X'I'EST: 3oenette Tones Deputy Clerk and Recorder Kenneth M, Good Sr. APPROVED AS TO FORM: Christopher G. Soldiu ' Assistant Firkin County Attorney BOARD OF COUNTY COLARAS70RS OF PTTf;IN COUNTY, 4 'r, 2 ~. By. ~C J I-latfield, C ' FEB. §.,12D08 4:21PM PI?KIIJ CO MAYAGER KG. 3024 P. 7 STATE OF COLORADO ) ss COUNTY OF PITKTt'd ) The above instrument was acknowledged before me this _~ day of ~ 2D08, by Kenneth M. Good, Sr. Witness my hand and official seal, My commission expires: Nata~y Public STATE OP FLORIDA ) ss, COUNTY OF PALM BEACH ) The above instrument was acimowledged before me this (~, day of ~~Y1n/~~edgMay ' ~ / on behalf of The Nicholas J. Zeigler Livtag Test Mme 5,1992. Witness my hand and official seal. My commission expires: ?~~4~ SHERYL L. MAHONEY ~~ MV COMMISSIONI DD 578887 o7n~ exauaes:Meysa,zmo ,aaoa+lornny rir~p,~,,,,,,~~ 6 dti~ Tatary lic EXAIBIT A LEGAL DESCRIPTION OF MOTORIZED ACCESS EASEMENT g //I