HomeMy WebLinkAboutbocc.con.315.2008APPRO V GD BY RE17:03 AM#: 554953, 12111!2008 at
RESOLUTION 1 OF s, rz $31.00 Doc Code EASEMENT ~Q
Janice K. Vos Caudill, Pitkin County, C(~QNTRACT #
# 03y- Og
FISHING EASEMENT AGREEMENT
THIS AGREEMENT ("Agreement") is made this 2t:~ day of l~,'~-ahe%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:
WHEREAS, Grantor is the owner of certain real property wthin 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 responsibilities in connection therewith.
1. Easement. Grantor hereby grants to Grantee for the use and benefit of
the general public anon-exclusive easement for the purpose of fishing in the Roaring
Fork River (hereinafter the "River") where the same traverses the Property owned by
Grantor ("Fishing Easement"). Specifically, this Fishing Easement shall extend and be
limited to five (5) feet horizontally along the ground from the high water mark on the
Property following the natural banks of the River (the "Easement 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 all purposes and uses which do not
unreasonably intertere with the enjoyment by the public of the rights herein granted.
Grantor shall 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 shat! 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 shall not, in any manner,
interfere with the use of any of any water rights associated with the Property.
4. Maintenance and Insurance. By granting the easement hereunder,
Grantor shall have no obligation to repair, clear or otherwise maintain the Easement
Area or to insure or indemnify 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, County agrees:
A. Grantor's immunity and Grantee's Obligation to insure. The parties
expressly acknowledge that the Fishing Easement is granted fora "recreational
purpose" under C.R.S. Section 33-41-101, et seq., and that Grantor is entitled to the
benefds, protections and limitations on liability afforded by Colorado law governing
recreational easements, including without limitation said Section 33-41-101, et seq. By
granting the Fishing Easement, Grantor shall have no obligation to repair, clear or
otherwise maintain the area within 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 resuh of use of the Fishing Easement for public non-
motorized travel or otherwise, 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 n:al property traversed by the Fishing Easement, or any part thereof)
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 Easement. Such insurance shall
be carried in amounts not less than the liability limits specked in C.R.S. Section 24-10.
114(1), as it may be amended from time to time, and shall provide Grantor and its
successors and assigns with thirty (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 compliance 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 relating to the Property.
5. Gates. Sisans 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.
2
6. Designation of Successor. 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. Running of Benefits and Burdens. All 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. Attorneys' Fess. 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 thereof) and Grantee, the
substantially prevailing party shall be awarded its reasonable costs and attorneys' fees
incurred in connection therewith.
IN WITNESS WHEREOF, Grantor has hereunto set its hand and seal the date
and year first above written.
GRANTEE:
BOARD OF COUNTY COMMISSIONERS OF
PITKIN COUNTY, OLORAI~Q
By C~ t f //
C ai rson
3
ACKNOWLEDGMENT
State of California
County of Lo S a n~l.~~S )
On to ao a~v~' betoreme, 1J~Lnd~t .5~~ bL/~ Flo ~c~,r ~~.t~~ ~ L
(insert name and title of the officer)
Personally appearedDa~ ~ ~ S'.,., r, n W ~ 4 man ~ Cal~~c.. 5+9rY.~an W ti~man, who
proved to me on the basis of satisfactory evidence to be the perso s whose nam (s is/are
subscribed to the withstrument and a~wledged to me tha~ they executed the
same in hia/herftheir orized capacity les and that by-ttisfierRh ' ignatur~(s~n the
instrument the pars s or the entity on behalf of which the pe s acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the
foregoing paragraph is true and correct.
WITNESS my hand and official al.
Signature (Seal)
State of Califomia
County of
On
before me,
BRENDA SIBERT
COMM. it7796258 Z
rc -•s Notary Public -California A
= Los Angeles County ~
M Comm. Expires A . 22, 2012
(insert name and title of the officer)
Personally appeared ,who
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 acknowledged to me that he/shefthey executed the
same in his/herftheir authorized cepacity(ies), and that by hislherftheir signature(s) on the
instrument the person(s), or the entity on behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of Califomia 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 /0 day of aectm8e,2, 2008,
by T c alcQ, as Chairperson, Board of County Commissioners of Pitkin
County, Colorado.
WITNESS my hand and official seal.
My commission expires: l Z -o I - zcaq .
otary Pu lic
.O~ P.`Z. Y p~A
.,
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EXHIBIT "A"
6
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITICiN COUNTY,
COLORADO, GRANTING DETAII.ED/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 property is zoned AFR-10 and contains approximately 27.448 acres.
4. The property is lot 7, Aspen River Valley Ranch
5. The Planning and Zoning Commission heard this application at their regularly scheduled public
meeting on January I5, 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 1" Reading on March
]2, 2008, at which time evidence and testimony were presented with respect to this application,
2"d 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 the
Pitkin County Land Use Code.
NOW THEREFORE BE [1' RESOLVED by the Pitkin County Board of County Commissioners
that it hereby grants Detailed/Final Subdivision approval for the Waltman Subdivision subject to Ehe
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 Land Use Code.
Condition #24 of BOCC Resolution No. 130-2006 shall be rescinded and replaced with condition
# 1 l 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 drafr 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 tnust apply for and shat] obtain an approved
Revegetation Report from the Pitkin County Land Manager.
RECEPTION#: 548539, 04!2212008 at
04:28:48 PM,
1 OF 2, R $0.00 Doc Code RESOLUTION
Janice K. Vos Caudill, Pitkin County, CO
Resolution No. ~ 2008
Page 2
Prior 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.
Prior to issuance of a building permit, a final landscape plan shall be submitted for review and
approval by Community Development. The plan shall include a wildlife screening plan for Lot
7A that includes, at minimum, 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 rights 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 granted herein shall
expire on <~ 9- jai/ .
NOTICE OF THE PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON
THE 10th DAY OF FEBRUARY 2008.
INTRODUCED ON FIRST READING AT A PUBLIC HEARING on the ] 2a' day of March, 2008.
APPROVED AND ADOPTED ON SECOND READING on the 9"' day of April, 2008.
BOARD OF COUNTY COMM1SS10NERS
OF P1TK1N COUNTY, COLORADO
>3y
Jack Hatfield
Chairman
Date y aY~-!~~
APPROVED AS TO FORM:
John Ely,
Coun y
PID# 246725400004
PIO?-06
APPROVED AS TO CONTENT:
~~~~~
nd Houben,
Community Development Director