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HomeMy WebLinkAboutbocc.ord.008.2009CONTRACTII~~ - G~~ RECEPTION#: 657958, 04f9312009 at 147:Oi:17 AIV1, ~ ~F 8. R $0.00 Doc Code ORDINANCE J~~t~aice I'(, Vcas Caudill, Pitkin County, CO ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO ACCEPTING THE GREENWAY "LITTLE ANNIE" PUBLIC TRAIL EASEMENT ORDINANCE NO. dD~ -2009 RECITALS 1. The Voters of Pitkin County and the Pitkin County Commissioners established an Open Space and Trails program for the purposes of preserving and providing open space and trails resources in Pitkin County, and specifically to ensure access to public lands. 2. The Open Space program has benefited from donations of trail easements over the years. And the County applauds the public spirit of those who have granted such access. Hawk Greenway desires to donate a Public Trail Easement which would link Little Annie Road to other County owned mining claims and to USFS lands in the Little Annie Basin. 4. On February 10, 2009 the Open Space and Trails Board recommended that the County accept the gift of the Greenway "Little Annie" Public Trail Easement and expressed appreciation to the donating landowner. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Pitkin County, Colorado that: Upon approval of the form by the Open Space Director and County Attorney, the Board accepts the gift conveyance of a Public Trail Easement from Stephen Hawk Greenway for the use and benefit of the general public fora 10 foot wide non-exclusive perpetual Trail Easement, located in the approximate location as depicted on Exhibit A. INTRODUCED, FIRST READ, AND APPROVED ON THE 25th DAY OF FEBRUARY, 2009. NOTICE OF P~TBLIC HE N PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE L, DAY OF ~~~~~~ 2009. APPROVED UPON SECOND READING AND PUBLIC HEARING ON THE 11th DAY OF MARCH 2009. PUBLISHED AFTER ADOPTION I TH WEEKEND EDITION OF THE ASPEN TIMES ON THE ~ DAY OF ~ , 2009. Greenway "Little Annie" Public Trail Easement Ordinance -2009 - 1 - APPROVED AS TO F ~--- John Ely _ Coun ey ~~ ~, s ' ~ `' ~, e Dale VKill, Dire for Open Space and Trails Program Greenway "Little Annie" Public Traii Easement Ordinance -2009 BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO . ~~ Patti Kay-Clapper Chair Date: ~ ~ ~ j ~ -('~' ~~l ~-- Hilary F t her County . >lager -2- a- ATTEST: ~x~~~~r PUBLIC TRAIL EASEMENT THIS PUBLIC TRAIL EASEMENT (the "Easement"}, made and entered into thiso~y of ~ 2009, by and between STEPHEN HAWK GREENWAY ("Grantor") and THE. B OP COUNTY COMMISSIOIgERS OE PITKIN COUNTY COLORADO, a body co rate and politic ("Grantee"}. RECITALS 1. Grantor is the record owner of certain real property located in Pitkin County, which lies within the Little. Annie Basin between Little Annie Road and adjacent public lands. 2. Grantor has agreed to convey a public, non motorized Trail Easement as more fully described in Exhibit "B" and depicted by the map on Exhibit "A " 3. Grantor desires by this instrument to establish and grant to Grantee a p'erPetval Trail Easement over the property of Grantor which would connect Little Annie Road ~ adjacent public land. 4. Grantee desires by this instrument (a) to accept said Trail Easement subject to the restrictions set forth herein, and (b) to assume certain responsibilities iII connection therewith. AGREElvME'N'I' 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, Grantor and Grantee agree as follows: 1. Grant of Public Trail Easement. Grantor hereby grants, transfers and conveys unto Grantee and its successors and assigns, for the use aad benefit of the general public a ten (10) foot wide, non exclusive perpetual Trail Easement to be located and depicted on Exhibit "A." Ilse of the Trail Easement shall be exclusively non-ffintari7~ed. 2. Acceptance of Public Trail Easement. Grantee hereby accepts the Public Trail Easement in an "as is" condition, subject to the restrictions herein contained and subject to all patent or latent defects or problems of any kind or nature.. Such acceptance does not preclude .improvement or maintenance activities within the Public Trail Easement insofar as such activities may be allowed or required by this Easement. 3. Trail Use Restrictions. (a} Public use of the Trail Easement shall be exclusively for hiking, bicycling, horseback riding and skiing. No dogs or other uses or activities are permitted whatsoever. Grantee may further restrict the. public uses allowed by this Easement, including RECEPTION#: 556057, 01/2912009 at '! 2:17:52 PNI, 1 OF s, R $31.00 Doc Code EASEMENT Page 1 of 4 Janice K. Vos Caudill, Pitlcin.County, CO 3 limitations on the times and numbers of visitation, if such restrictions are necessary for the protection of ecological resources including, but not limited to wildlife and vegetation on adjacent public lands. (b) The Public Trail Easement is hereby declared to be part of the Pitkin County Trail System, the use of the Public Trail Easement shall also be governed by the rules and regulations and other provisions of Title XII of the Pitkin. County Code, as said Title XII may be amended or re-codified from time to tame, provided always that the provisions of this Public Trail Easement shall control wherever they are more restrictive than the provisions of said Title ill. (c) Trail Easement Care and Maintenance. Grantee hereby assumes complete responsibility for and agrees to care for and maintain the Public Trail Easement in a clean and attractive condition and in a good and safe order and repair, at its sole cost and expense, unless the need therefor is caused by Grantor, assigns or his successors in interest ~ the ownership of the underlying real property is which case Crrant©r or his successor in interest shall perform the maintenance or care so required provided, however, that Grantor is not responsible for any damage if caused by horses or third parties. Girautee's maintenance responsibilitiesshall. include, but not be limited to, trash and debris removal, keeping the. Trail clear of rocks; vegetation and other obstructions, controlling erosion and water runoff, and general care and maintenance. 4. Enforcement. Grantee agrees to enforce diligently all coved and use restrictions set forth herein and all other applicable rules a~ regtttattons as may be contained th Title XII of the Pitkin County Code and to prosecute violations thereof. 5. Grantor's hnmunit~and Grantee's Obligation to Insure_ The parties expressly acknowledge that the Public Trail Easement is granted fora "recreational purpose' under ~C~S § 33-41-101, et seq., and that Grantor is entitled to the benefits, protections and limitations on liability afforded by Colorado law governing recreational easements, including without limitation said § 33-41-i01, et seq_ By granting the Public Trail F,asement, Grantor shall have nQ obligation to repair, cleaz or other rise maintain the area within the Public Trail Easement ~ to insure or uxlemnify Grantee or the public for any injury, claim or damage to any person or property, whetl~r alleged to have occurred as a result of use of the Public Trail Easement for public non motorized travel or otl~ or due to the condition of the Public Trail Grantee further agrees to add Grantor (and its successors and assigns in the ownership of the underlying real property traversed by the Public Trail Easement, or any part thereof) as additional named insureds on its comprehensive general liability insuurnce policy, which insurance shall be maintained by the Grantee to provide pr+ot+~icm against lia~lity from claims arising out of the use of the Public Trail Easement. such insurance shall be carried in amounts not less than the liability limits specified in C.RS. § 24-10-114(1}, as it may be amended from time to time, and shall, provide Grantor and his successors and assigps with thirty (30} days advance written notice ~ eancellaticxn orte., Grantee shall, upon written request therefor from Grantor or any successor or assign, provide a Certificate of Insurance as verification of compliance with these requirements. Page 2 of 4 y 6. Attorneys' Fees. In the event the interpretation or enforcement of this Public Trail Easement should ever become the subject of litigation between Grantor (or his successors and assigns in the record ownership of the underlying real property traversed by the Public Trail Easement, or any part thereof) and CYrantee, the prevailing party shall be entitled to an award of its reasonable costs and attorneys' fees incurred in connection therewith. 7. Binding Effect. `This Easement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors and assigns. IN WITNESS WI-~REOF, this Public Trail Easement is executed and delivered the slay and year fast above written. Grantor: Crrantee: BOARD OF COUNTY COMIvIISSIONERS ~/' / OF PiTKIN COUNTY, COLORADO STEP HAWK GREENWAY ~ ~ Y ~~ ~ . o Chair Jones, Dep~y Clerk & Recorder Approved as to form: John Ely, Pita ' an Attorney County Manager Page 3 of 4 Manager approval: Open Space and Trails Board STATE OF COLORADO ) ss. COUNTY OF PITKIl~i ) The foregoing Public Trail Easement was acknowledged and signed before me this "~ day of ~ 2009, by STEPHEN HAWK GREENWAY. WITNESS my hand and official seal. My commi ~-sion expires: ---- ~ i i u~ ,,,~~~ ``~~~~P pchey .• ~1~4/~GCk~ ~ 4 :. STATE OF COLORADO COUNTY OF PiTKIN ro : ,~ p,Ry ~ti' s _ • ~ ~ ~¢, ••. ~i ••.......... ss. ~~~~~ ii~~ii~~ The forego' g Public Trail Easement w acknowledged d signed before me this ~ day of y> 2009, by ~f i" ~a _ a > y Chair of the BOARD OF COUNTY ~CONIlVIISSIONERS OF PITKIN CO , COLD O and attested to by Jeannette Jones, as Deputy Clerk & Recorder of Pitkin county Colorado. WITNESS my hand and official seal. My commission expires: ~~ _ Q/ - yv p ~pT~~ l~`'.` ..,~.. ~~ .•°' '°°°~'~ f n b ,.S O ! ~ O e '~ ~~ G °~.~ 1 7~0 ~~1, ~~`A' ~~ •qs c° ~ aka. ~ _~x lic Page 4 of 4 G EXHIBIT 'A' AY "LITTLE AI~TIE" PUBLIC TRAIL EASFIV~TI' PARCEL IDS 2911-011-00052 ~~ g~e~~~ 1~'g SECTION 36 TIOS R85W ~ - ~EKA iFOUID BLY BRASS CAP ~~ - - - CJ SI/4 8EC ~ 1954 M , AL-CE M.$.6455 N ~ ~ Z °D ~~ ~~ ~ y J V +1 ,%: .~; "~~~ r ~ , /( ' •; . y1 .i SECTION I TIIS R85W (SUSPENDED) A~N~E ~~??`~ 2228 S .~~~ I r/ SCALE I o~-io zoo ' - - - - _ POINT OF OOII~ENCEIENT FOUND BLY BRASS CAP SE 8EC 36-Sw SEC 31 1954 ODwNER: CASTLE CREEK INVESTORS SECTION 6 I TIIS R84W ~~ (UNSURVEYEDI ~~ ~ "- 9 0 - ~.'G ~~/'~ ID 2D1 1-01 1-00051 I RIl . $ . 6 4 5 owNER BUNT" "'"""' "° O RECEPTION N0. 524653 ~~ • EIVVER a M.S. 5762 o~ 22 r i ~ ~~ PRIDE OF THE SOUTH AN. S. 8472 n ` 1 I PUBLI C TRAIL ~ , I ~ - DE ON-VEHICULAR / Y yi5' oNo t o w l N _ TRAIL EASEMENT FROM _i_ LITTLE ANNIE ROAD /T 1, PR 1 DE /.D/F THE WEST. - -• i A-1~ S. 5 9 Q 4 ~ I '\ l~ POINT 'A- ~ ~~ `. '~ \~ _ TRAIL SPUR I v - TII!` 1 BiQ.IPS$ )s[. S .6914 HOt.IVIA O ~[.S.1OS71 ID 2911-011-00043 ONNER: MOLLICA JNCLE TE M NU I ID 29o9-oat-00099 Ot116ER: LASA INC. 1~IDWSHC7Y 1a[. S .6247 Sp~ Ny ~Y ~~ ~o 0 ~~ w ~~ GRAND QALLBY SURVBYING I WHITEWATER CO 970-210-2690 grandvallsy~nildbius.nst JAN 12. 2009 JOB HAWK-LEGAL 7 E~~IT "B" GREENWAY "LITTLE ANNIE" PUBLIC TRAIL EASEMENT A TRACT OF LAND BEING A PORTION OF THE PRIDE OF THE SOUTH LODE U.S.M.S. 8472 AND THE PRIDE OF THE WEST LODE U.S.M.S. 5904 HIGHLAND MIl~TING DISTRICT LOCATED IN SECTION 1, T11S R85W (SUSPENDED) AND SECTION 6, T11S R84W (UNSURVEYED) OF THE 6~' PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: A STRIP OF LAND BEING 10 FEET WIDE LYING 5 FEET EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: . COMMENCING AT THE SOUTHEAST CORNER OF SECTION 36, T10S R85W 6th P.M. (1954 BLM BRASS CAP) THENCE S37°06'59"W 1,490.18 TO THE POINT OF BEGINNING ON THE EASTERLY EDGE OF THE LITTLE ANNIE ROAD; THENCE S33°03'42"E 250.30 FT.; THENCE N26°53'28"E 131.00 FT.; THENCE N80°33'00"E 131.SS FT.; THENCE S09°33'07"E 136.03 FT.; THENCE S74°53'45"E 153.76 FT.; THENCE N22°47'55"E 433.95 FT.; THENCE S12°13'47"E 323.17 FT.; THENCE S37°06'48"W 76.80 FT. TO POINT "A" THE POINT OF INTERSECTION WITH THE TRAIL SPUR TO THE UNCLE SAM LODE; T'FIENCEN41°52'38"E 236.01 FT.; THENCE S26°49' 19"E 273.71 FT.; T~NCENOl°14'09"E 130.52 FT.; THENCE S38°06'28"E 201 FEET MORE OR LESS TO THE SOUTHEAST CORNER OF SAID PRIDE OF THE WEST LODE (SPRUCE POST IN PLACE) THE POINT OF TERMINUS. AND (UNCLE SAM LODE SPUR) COMIVVIENCING AT POINT "A" HEREINBEFORE DESCRIBED; TI~NCE S37°06'48"E 27.16 FT.; THENCE S47°09'53"E 108 FEET MORE OR LESS TO THE SOUTH L1NE OF SAID PRIDE OF THE WEST LODE THE POINT' OF TERMIl~TUS. COUNTY OF PITKIN STATE OF COLORADO BASIS OF BEARINGS: N89°55'00"E 2587.86 FT. BETWEEN S1/4 CORNER SECTION 36 & SE CORNER OF SECTION 36 T10S R85W 6~' P.M. (1954 BLM BRASS CAPS IN PLACE) PREPARED BY: DAVID McBRIDE PLS 16129 GRAND VALLEY SURVEYING JAN. 11, 2009. 8 RECEPTI©N#; 557959, 04113!2009 at 10:01;18 AM, 1 OF s, R $0.00 t3oc Code EASEMENT Janice K. Uos Caudill, Pitkin County, CO PUBLiC TRAIL EASEMENT ,~ O x THIS PUBLIC TRAIL EASEMENT (the "Easement"), made and entered into thisoZlay of ~ 2009, by and between STEPHEN HAWK GREENWAY ("Grantor's and THE B OF COUNTY COM1+rIISSIOI~ERS OE PITKIl~I COUNTY COLORADO, a body co rate and politic ("Grantee"}. RECITALS 1. Grantor is the record owner of certain real property located in Pitkin County, which lies within the Little Annie Basin between Little Annie Road and adjacent public lands. 2. Grantor has agreed to convey a public, non motorized Trail Easement as more fully descn`bed in Exhibit "B" and depicted by the map on Exhr`bit "A " 3. Grantor desires by this instrument to establish and grant to Cmantee a Pcrpetual Trail. Easement over the property of Grantor which would connect Little Annie Road ~ adjacent public land. 4. Grantee desires by this instrument (a) to accept said Trail Easement subject to the restrictions set forth herein, and (b) to assume certain responsibilities in connection therewith. 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, Grantor and Grantee agree as follows: 1. Grant of Public Trail Easement. Grantor hereby grants, transfers and. conveys unto Grantee and its successors and assigns, for the use ~d benefit of the general public a ten (10) foot wide, non-exclusive perpetual Trail Easement to be located and depicted on Exhibit "A." Use of the Trail Easement shall be exclusively non-mo~rized. v - 2. Acceptance of Public Trail Easement. Grantee hereby accepts the Public Trail p~ ~ Easement in as "as is" eorelition, subject to the restrictions herein contained and subj~t to all X11 patent or latent defects or problems of any kind or nature_ Such acceptance does ~t preclude improvement or maintenance activities within the Public Trail ~ i~fnr as such activities may be allowed or required by this Easement. 3. Trail Use Restrictions. (a} Public use of the Trail Easement shall be exclusively for hiking, bicycling, horseback riding and skiing. No dogs or other uses or activities are permitted whatsoever. Grantee may further restrict the public uses allowed by #his Easement, including RECEPTION#: 556057, 01/29/2009 at 12:17:52 PM, 1 OF fi, R $31.00 Doc Code EASEMENT Janice K. Vos Caudill, Pitkin.County, CO Page 1 of 4 limitations on the times and numbers of visitation, if such restrictions are necessary for the protection of ecological resources including, but not limited to wildlife and vegetation on adjacent public lands. (b) The Public Trail Easement is hereby declared to be part of the Pitkin County Trail System, the use of the Public Trail Easement shall also be governed by the Hiles and regulations and other provisions of Title XII of the Pitkin County Code, as said Title XII may be amended or re-codified from time to time, provided always that the provisions of this Public Trail Easement shall control wherever they are more restrictive than the provisions of said Title Xii. (c) Trail Easement Care and 1lriaintenance. Grantee hereby assumes complete responsibility for and agrees to care for and maintain the Public Trail Easement in a clean and attractive condition and in a good and safe order and repair, at its sole cost and expense, unless the need therefor is caused by Grant~ar, assigns or his successogs in interest in the ownership of the underlying real property in which case Grantor or his successor in interest shall perfoan the maintenance or care so required provided, however, that Grantor is not responsible for any damage if caused by horses or third parties. Gmantee's maintenance respond. shall. inchude, but not be limited to, trash anci debris removal, ~ the Trail clear of rocks; vegetation and other obstructions, controlling erosion and water runoff and general care and maintenance. 4, Enforcement. Csrarar--tee agrees to enfor+ee diligently all covenants and use restrictions set forth herein and all other applicable rules and n~~ as may be gained in Title XII of the Pitkin County Code and to prosecute violations thereof. 5. Grantor's immunity and Grantee's Obligation to Insure_ The parties e~cpressly acknowledge that the Public Trail Easement ~s granted for a tonal purpose'* unc~r C_it_S. § 33-41-I01, et seq., and that Grantor is ent:~tl~ to the benefits, protections and limitations on liability afforded by Colorado law governing recreational easements, including without limitation said ~ 33-41-101, et seq_ By granting the Public Trail Easement, Grantor shall have no obligation to repair, clear or atherwi„se maintain the area within the tic Tian ~. or ~ insure ar indemnify Grantee or the public for any injury, claim or damage to any person or property, whether alleged to Dave occurred as a result of use of the Public Trail Easement for public non motor~~ed travel or otherwise or due #,o the canilitia~ €~f the Public Trail. Grantee further agrees to add Grantor (and its successors and assigns in the own+ersirip of the underlying real property traversed by the Public Trail Easement, or any part thereof) as additional named insureds on its comprehensive general liability in~e policy, which i~~suranee shall be maintained by tear Grmrtee tQ ~ ~ against ~ fr+am claims arising out of the use of the Public Trail Easement. Such insurance shall be carried in amounts not less than the liability limits specified in C.RS. § Zit-1Q-114(1), as it may be amended from time to time, and shall provide Csrantor and his s~~ and assign w~itit thirty (30) days advance written notice p~ ~cm a~ ~, ~ shall, v~ request therefor from Grantor or any successor or assign, provide a Certificate of insurance as verification of cx~mpliaace with these requirements. Page 2 of 4 6. Attorneys' Fees. In the event the interpretation or enforcement of this Public Trail Easement should ever become the subject of litigation between Grantor (or his successors and assigns in the record ownership of the underlying real property traversed by the Public Trail Easement, or any part therex~f) and Grantee, the prevailing party shall be entitled to an award of its reasonable costs and attorneys' fees incurred in connection therewith 7. Binding`Effect. This Easement shall be binding upon and inure to the benefit of the parties hereto and their nrspective heirs, personal representatives, successors and assigns. IN WITNESS Wl3EREOF, this Public Trail Easement is ex~uted and delivered the day and year first above written. Grantor: Grantee: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO .~-a-~ STEP IiAWK GREENWAY ~ J f 5', _ ~ Chair Approved as to form: John Ely, Pi Attorney Coumy Manager Page 3 of 4 ~`l Manager approval: /D~~'i Open Space and Trails Board STATE OF COLORADO ) ss. COUNTY OF PITKIN ) The foregoing Public Trail Easement was acknowledged and signed before me this ~ day of 2009, by STEPHEN HAWK GREENWAY. WITNESS my hand and official seal. IVIy commission expires: `~-----i~~i~~~ •.• ~ 4~' ti`s ? ~~Y ~ Public ' O S ~/~~ i ti~ ~ STATE OF COLORADO ) ~~~.~ s•••...... ••'Go~°,`~ COUNTY OF PITK3N ) The forego' g Public Trail Easement w s acknowledged d signed before me this ~ day of y> 2009, by -f~ i li _ a, ~ Chair of the BOARD OF COUNTY CONIlVIISSIONERS OF PITKIN CO , COLO O and attested. to by Jeannette Jones, as Deputy Clerk & Recorder of Pitkin county Colorado_ WITNESS my hand and official seal. My commission expires: ~~ _ Q/ - 7v p ~ ~oTA~ y~G~~ ... ,. .•• ••. ••. s' }}~~ ;~ ~ . /~. '~'~• r . n ~~',+ ~~. ~ E. .e ~~!'O•e...,•• s ' lic Page 4 of 4 ~~ EXHIBIT 'A" AY "L I Z"I'LE A1~fl~TIE" PUBLIC 13tAI L EASFIV~1"I' PARCEL ID# 2911-011-00052 N~ g~ g~ 9Z 1''S ' +-FOtl10 9LY BRASS CAP SI/4 SEC 3b 1854 ALICE M. S.845S N O " 2 °~ Ao !~ w o~ y fA ~ '~1 J ~ ~ V /_ V' f,/, ~+::. ~ :~ ~. .~ ~ i .~ , SECTION 36 TIOS R85W ~ SCALE ~~~ O 100 200 / E~~E-z2~~-- -- ~ $ / SECTION I TIIS R85W (SUSPENDED) A~HIE ~~Tt~~ 2228 ~•s' ,--, -- POINT OF COIBENCEIENT FOWq BLY BRASS CAP 1954 ~-Sw SEC 31 1D Or1ER: CASTLE CREEK INVESTORS ~ SECTION 6 I TIIS R84W -~~ IUNSURVEYED) ~ ~9 p - All. S . 64 IN c° ~o \~ _ ~ c2 BiCLIPSB )x[.8.6914 l0 2411-011-ooosl f OBNER BUNTA . igNNINB I O RECEPTION NO. 524653 ~. L ~~59po _~ E IV V E R ___- --- 1N. S. 5762 ~ ~' I ~ PRIDE OF THE SOUTH A~/. S . 84 72 n ~ l PUBLIC TRAI L ~ , I 10' WIDE NON VEHICULAR / ~ TRAIL EASEMENT FROM - _F /LITTLE ANNIE ROAD /T ~~~ PR 1 DE /.O/F TH~ WEST. X11 - -• AI/~ S. 5 9 4 ~~' I \ y ~ '~ ~ \ ~ P01 NT -A- ; . \ '`~•/ ~\ `` TRAIL SPUR TO THE UNCLE SAM LODE ~ HLX.I'VIA TERM NU I 1D 2400-062-o0O44 ,[.8.1OS71 0 oBNER: LABA 1NC. l0 2411-011-00043 ~g~ 0' woulcA li[.8.6Z4? 8 gY F gis 0 ~~ ~• ~~ I~rm v~y su~vsnrrG i WHITEWATER CO 970-210-2690 graadrallere~ildblus.net 12. 2009 JOB HAWK-LEGAL /3 E~~IT "B" GREENWAY "LITTLE ANNIE" PUBLIC TRAIL EASEMENT A TRACT OF LAND BEING A PORTION OF THE PRIDE OF THE SOUTH LODE U.S.M.S. 8472 AND THE PRIDE OF THE WEST LODE U.S.M.S. 5904 HIGHLAND MINING DISTRICT LOCATED IN SECTION 1, Tl l S R8SW (SUSPENDED) AND SECTION 6, T11S R84W (UNSURVEYED) OF THE 6~ PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: A STRIP OF LAND BEING 10 FEET WIDE LYING S FEET EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 36, T10S R$SW 6th P.M. (1954 BLM BRASS CAP) THENCE S37°06'S9"W 1,490.18 TO THE POINT OF BEGINNING ON THE EASTERLY EDGE OF THE LITTLE ANNIE ROAD; THENCE S33°03'42"E 250.30 FT.; THENCE N26°S3'28"E 131.00 FT.; THENCE N80°33'00"E 131.SS FT.; THENCE S09°33'07"E 136.03 FT.; THENCE S74°S3'4S"E 153.76 FT.; THENCE N22°47'SS"E 433.95 FT.; THENCE S12°13'47"E 323.17 FT.; THENCE S37°06'48"W 76.80 FT. TO POINT "A" THE POINT OF INTERSECTION WITH THE TRAIL SPUR TO THE UNCLE SAM LODE; THENCE N41 °S2'38"E 236.01 FT,; THENCE S26°49' 19"E 273.71 FT.; TIiENCE NO 1 ° 14' 09"E 130.52 FT,; THENCE S38°06'28"E 201 FEET MORE OR LESS TO THE SOUTHEAST CORNER OF SAID PRIDE OF THE WEST LODE (SPRUCE POST IN PLACE) THE POINT OF TERMINUS. AND (UNCLE SAM LODE SPUR) COMMENCING AT POINT "A" HEREINBEFORE DESCRIBED; THENCE S37°06'48"E 27.16 FT.; THENCE S47°09'S3"E 108 FEET MORE OR LESS TO THE SOUTH LINE OF SAID PRIDE OF THE WEST LODE THE POINT OF TERMINUS. COUNTY OF PITKIN STATE OF COLORADO BASIS OF BEARINGS: N89°SS'00"E 2587.86 FT. BETWEEN S1/4 CORNER SECTION 36 & SE CORNER OF SECTION 36 T10S R8SW 6`~ P.M. (1954 BLM BRASS CAPS IN PLACE) PREPARED BY: DAVID McBRIDE PLS 16129 GRAND VALLEY SURVEYING JAN. 11, 2009.