HomeMy WebLinkAboutbocc.ord.017.2010CONTRACT # 165 -���� RECEPTION #: 572191, 07/26/2010 at
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Janice K. Vos Caudill, Pitkin County, CO
ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
AMENDING THE STILLWATER ROAD TRAIL EASEMENT AGREEMENT
ORDINANCE NO. G -2010
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. In 1994, Fabienne Benedict and Roll International Corporation, as owners of the
Stillwater Ranch, granted a trail easement to Pitkin County along Stillwater Road,
recorded at Reception #375205, providing public access from State Highway 82 to
the County's East of Aspen Trail.
3. That Trail Easement Agreement expressly acknowledged load limitations for the
Stillwater Road Bridge, a private bridge which is encumbered by the trail easement.
4. The City of Aspen and Pitkin County Open Space and Trails intend to construct a
trail connection from Cooper Street in Aspen to the East of Aspen Trail at Stillwater
Road.
5. Engineering specifications require that the trail utilize a bridge that exceeds the load
specifications of the existing Stillwater Bridge. The City of Aspen have obtained
approval to construct a separate pedestrian bridge, parallel to the Stillwater Bridge.
6. The alignment for the separated trail and bridge does not fall within the alignment for
the trail conveyed in 1994.
7. The Stillwater Ranch Condominium Association, successors in interest to Fabienne
Benedict and Roll International for this Trail Easement Agreement, wish to amend
the agreement to modify the alignment of the trail easement in order to accommodate
the alignment as proposed by the City's Location and Extend Review application,
approved by the Planning and Zoning Commission on June 15, 2010.
8. The Open Space and Trails Board unanimously recommended this amendment on
May 20, 2010.
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
authorizes the amendment of this Trail Easement Agreement with the Stillwater Ranch
Condominium Association, and authorizes the Chair to executed the amended agreement
and any other documents necessary to transact this amendment.
The BOCC finds that adoption of this ordinance is necessary for the immediate
preservation of the public health, safety and welfare of the citizens of Pitkin County and
therefore declares this ordinance and legislation to be effective immediately.
INTRODUCED, FIRST READ, AND APPROVED ON THE 23rd DAY OF JUNE
2010.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES,
WEEKLY ON THE � DAY OF e v /v, 2010.
APPROVED UPON SECOND READING AND PUBLIC HEARING ON
THE 14th DAY OF JULY 2010.
PUBLISHED AFTER ADOPTION I THE WEEKEND EDITION OF THE
ASPEN TIMES ON THE I±k_ DAY OF i,�..f , 2010.
ATTEST: BOARD OF COUNTY COMMISSIONERS
O PITKIN COUN - . Y, COLORADO
Jea tte Jones George Ne4man
De ty Clerk Chair
Date:
APPROVED AS TO FORM;
John Ely -- Hilary Fle c er
Cou A y l County Manager
_ 1
i f
Dale 11, Director
Open Space and Trails Program
AMENDMENT TO TRAIL EASEMENT AGREEMENT
This Amendment to Trail Easement Agreement ( "Amendment ") is entered into as of
2010, by and between the Stillwater Ranch Condominium Association,
Inc., (hereinafter referred to as "grantor "), and the Board of County Commissioners of Pitkin County,
Colorado (hereinafter referred to as "grantee ").
Recitals
WHEREAS, Fabienne Benedict and Roll International Corporation entered into the Trail
Easement Agreement with Pitkin County on August 2, 1994, recorded at Reception # 375205 at the
Pitkin County Clerk and Recorder's Office; and
WHEREAS, the Stillwater Ranch Condominium Association assumed ownership of Lot 1 of the
Stillwater Ranch Subdivision/PUD on July 1 Ith, 2005 by a Special Warranty Deed recorded on October
7, 2009 at Reception # 563481 at the Pitkin County Clerk and Recorder's Office, and are thus a
successor in Grantor's interest to the Trail Easement Agreement; and
WHEREAS, the parties have determined that the alignment of the original trail easement needs
to be modified in order to accommodate the as trail it is to be constructed; and
WHEREAS, the parties hereto desire to memorialize the actual trail alignment and modify the
trail easement for the actual alignment of the trail;
NOW, THEREFORE, in consideration of the mutual promises and covenants set forth herein,
and for other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties agree as follows.
Exhibit A to the Original Agreement is hereby replaced with a revised legal description, attached hereto
as Exhibit 1. The Original Trail Easement Agreement granting a non - exclusive easement and right -of-
way as described Paragraph 1 of the original Agreement is hereby amended to be over and along that
certain strip of real property described in the attached Exhibit 1.
IN WITNESS WHEREOF, the parties have executed this Amendment as of the date and year first above
written.
Board of County Commissioner of Pitkin County
l �
George Neivmai
Chair
Attest:
J nette Jones
D puty County C erk
Stillwater Ranch Condominium Association, Inc.
STATE OF Colorado)
I
COUNTY OF Pitkin)
C
Association President
SS.
The foregoing instrument was acknowledged before me this \ U day of 7 v f 5 2010,
by Shelley Popish as President of the Homeowners Association of Stillwater Ranch Condominium
Association.
Witness my hand and official seal.
My c ission expires:
OWN"N,
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Notary Public U
Address
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EXHIBIT 1
LEGAL DESCRIPTION — Stillwater HOA Trail Easement
4 -29 -2010
A TRACT OF LAND BEING A PART OF PARCEL 1 AND PARCEL 3, FIRST AMENDED PLAT OF STILLWATER
RANCH PARCELS, A PLAT RECORDED IN PLAT BOOK 33 AT PAGES 34,35 AND 36, IN THE RECORDS OF THE
OFFICE OF THE PITKIN COUNTY CLERK AND RECORDER, LOCATED IN THE SOUTHWEST QUARTER OF
SECTION 17 AND THE SOUTHEAST QUARTER OF SECTION 18, ALL IN TOWNSHIP 10 SOUTH, RANGE 84 WEST
OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF PITKIN, STATE OF COLORADO, AND BEING DESCRIBED AS
FOLLOWS:
"COMMENCING" AT ANGLE POINT #5, U.S. MINERAL SURVEY #3905 AMENDED, AS MONUMENTED BY A 3
1/4" BLM BRASS CAP AND CONSIDERING THE LINE BETWEEN SAID ANGLE POINT #5 AND THE EAST
QUARTER CORNER OF SAID SECTION 18, AS MONUMENTED BY A 3 1/4" BLM BRASS CAP, TO BEAR SOUTH
56 °44'33" EAST, A DISTANCE OF 3186.93 FEET; THENCE SOUTH 53 °26'27" EAST, A DISTANCE OF 3254.79 FEET
TO THE MOST NORTHERLY CORNER OF PARCEL 3, SAID STILLWATER RANCH PARCELS, SAID CORNER
LYING ON THE SOUTHWESTERLY RIGHT -OF -WAY LINE OF COLORADO STATE HIGHWAY No. 82, AS DEFINED
ON PROJECT RIGHT -OF -WAY MAP No. C57- 0082 -09, COLORADO DEPARTMENT OF TRANSPORTATION
RECORDS; THENCE NORTH 44 1 54'00" WEST, ALONG SAID SOUTHERLY RIGHT -OF -WAY LINE AND ALONG THE
NORTHERLY LINE OF PARCEL 1, SAID STILLWATER RANCH PARCELS, A DISTANCE OF 8.13 FEET TO A NON -
TANGENT POINT OF CURVE, FROM WHICH THE RADIAL LINE BEARS NORTH 74 °48'04" WEST, SAID POINT
BEING THE "POINT OF BEGINNING'; THENCE SOUTHWESTERLY ALONG THE ARC OF A NON - TANGENT
CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 35 0 57'16 ", A RADIUS OF 27.50 FEET, AN ARC LENGTH
OF 17.26 FEET AND A CHORD WHICH BEARS SOUTH 33 0 10'34" WEST, A DISTANCE OF 16.98 FEET TO A POINT
TANGENT; THENCE SOUTH 51 °09'12" WEST, A DISTANCE OF 27.95 FEET TO ANON-TANGENT POINT OF
CURVE, FROM WHICH THE RADIAL LINE BEARS SOUTH 40 °56'19" EAST; THENCE ALONG THE ARC OF A NON -
TANGENT CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 42 °54'39 ", A RADIUS OF 125.18 FEET, AN ARC
LENGTH OF 93.75 FEET AND A CHORD WHICH BEARS SOUTH 27 °36'21" WEST, A DISTANCE OF 91.58 FEET TO A
NON - TANGENT POINT; THENCE SOUTH 05 °10'32" WEST, A DISTANCE OF 65.79 FEET; THENCE SOUTH 10 °49'00"
WEST, A DISTANCE OF 63.78 FEET; THENCE SOUTH 34 °41'11" WEST, A DISTANCE OF 79.07 FEET; THENCE
NORTH 59 °17'31" WEST, A DISTANCE OF 15.04 FEET; THENCE NORTH 34 °41'11" EAST, A DISTANCE OF 76.94
FEET; THENCE NORTH 10 1 49'00" EAST, A DISTANCE OF 59.87 FEET; THENCE NORTH 05 °10'32" EAST, A
DISTANCE OF 65.17 FEET TO A NON - TANGENT POINT OF CURVE, FROM WHICH THE RADIAL LINE BEARS
SOUTH 83 °54'11" EAST; THENCE ALONG THE ARC OF A NON - TANGENT CURVE TO THE RIGHT HAVING A
CENTRAL ANGLE OF 43 0 04'46 ", A RADIUS OF 140.18 FEET, AN ARC LENGTH OF 105.40 FEET AND A CHORD
WHICH BEARS NORTH 27 0 38'12" EAST, A DISTANCE OF 102.93 FEET TO A NON - TANGENT POINT; THENCE
NORTH 51 0 09'12" EAST, A DISTANCE OF 28.22 FEET TO A POINT OF CURVE; THENCE ALONG THE ARC OF A
CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 89 0 29'22 ", A RADIUS OF 12.50 FEET, AN ARC LENGTH OF
19.52 FEET AND A CHORD WHICH BEARS NORTH 06 °24'30" EAST, A DISTANCE OF 17.60 FEET TO A NON -
TANGENT POINT; THENCE NORTH 35 °23'17" EAST, A DISTANCE OF 1.31 FEET TO THE NORTHERLY LINE OF
SAID PARCEL 2; THENCE SOUTH 44 °54'00" EAST, ALONG SAID NORTHERLY LINE, A DISTANCE OF 22.63 FEET
TO THE "POINT OF BEGINNING ".
CONTAINING 0.121 ACRES OR 5263 SQUARE FEET, MORE OR LESS.
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RECEPTION #: 572192, 07/26/2010 at
09:40:47 AM,
1 OF 4, R $0.00 Doc Code EASEMENT
Janice K. aos Caudill, Pitkin County, CO
AMENDMENT TO TRAIL EASEMENT AGREEMENT
_... This Amendment to Trail Easement Agreement ( "Amendment ") is entered into as of
�� C%e ; (,p 2010, by and between the Stillwater Ranch Condominium Association,
Inc., (hereinafter referred to as "grantor "), and the Board of County Commissioners of Pitkin County,
Colorado (hereinafter referred to as "grantee ").
Recitals
WHEREAS, Fabienne Benedict and Roll International Corporation entered into the Trail
Easement Agreement with Pitkin County on August 2, 1994, recorded at Reception # 375205 at the
Pitkin County Clerk and Recorder's Office; and
WHEREAS, the Stillwater Ranch Condominium Association assumed ownership of Lot 1 of the
Stillwater Ranch Subdivision/PUD on July 11th, 2005 by a Special Warranty Deed recorded on October
7, 2009 at Reception 4 563481 at the Pitkin County Clerk and Recorder's Office, and are thus a
successor in Grantor's interest to the Trail Easement Agreement; and
WHEREAS, the parties have determined that the alignment of the original trail easement needs
to be modified in order to accommodate the as trail it is to be constructed; and
WHEREAS, the parties hereto desire to memorialize the actual trail alignment and modify the
trail easement for the actual alignment of the trail;
NOW, THEREFORE, in consideration of the mutual promises and covenants set forth herein,
and for other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties agree as follows.
Exhibit A to the Original Agreement is hereby replaced with a revised legal description, attached hereto
as Exhibit 1. The Original Trail Easement Agreement granting a non - exclusive easement and right -of-
way as described Paragraph 1 of the original Agreement is hereby amended to be over and along that
certain strip of real property described in the attached Exhibit 1.
IN WITNESS WHEREOF, the parties have executed this Amendment as of the date and year first above
written.
Board of County Commissioner of Pitkin County
George Newman
Chair
Attest: /
J nette Jones
D puty County C erk
Stillwater Ranch Condominium Association, Inc.
— ZL f, , � .
Shellev'PoDa, Homeowners Association President
STATE OF Colorado)
ss.
COUNTY OF Pitkin)
The foregoing instrument was acknowledged before me this \ � day of 2010,
by Shelley Popish as President of the Homeowners Association of Stillwater Ranch Condominium
Association.
Witness my hand and official seal. j
My c ission expires:
= NR
fit:• • _.. • �►Q' ..�
i`. � •irate
i
c
Notary Public
Address
l
EXHIBIT 1
LEGAL DESCRIPTION — Stillwater HOA Trail Easement 4 -29 -2010
A TRACT OF LAND BEING A PART OF PARCEL 1 AND PARCEL 3, FIRST AMENDED PLAT OF STILLWATER
RANCH PARCELS, A PLAT RECORDED IN PLAT BOOK 33 AT PAGES 34,35 AND 36, IN THE RECORDS OF THE
OFFICE OF THE PITKIN COUNTY CLERK AND RECORDER, LOCATED IN THE SOUTHWEST QUARTER OF
SECTION 17 AND THE SOUTHEAST QUARTER OF SECTION 18, ALL IN TOWNSHIP 10 SOUTH, RANGE 84 WEST
OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF PITKIN, STATE OF COLORADO, AND BEING DESCRIBED AS
FOLLOWS:
"COMMENCING" AT ANGLE POINT #5, U.S. MINERAL SURVEY #3905 AMENDED, AS MONUMENTED BY A 3
1/4" BLM BRASS CAP AND CONSIDERING THE LINE BETWEEN SAID ANGLE POINT #5 AND THE EAST
QUARTER CORNER OF SAID SECTION 18, AS MONUMENTED BY A 3 1/4" BLM BRASS CAP, TO BEAR SOUTH
56 °44'33" EAST, A DISTANCE OF 3186.93 FEET; THENCE SOUTH 53 °26'27" EAST, A DISTANCE OF 3254.79 FEET
TO THE MOST NORTHERLY CORNER OF PARCEL 3, SAID STILLWATER RANCH PARCELS, SAID CORNER
LYING ON THE SOUTHWESTERLY RIGHT -OF -WAY LINE OF COLORADO STATE HIGHWAY No. 82, AS DEFINED
ON PROJECT RIGHT -OF -WAY MAP No. C57- 0082 -09, COLORADO DEPARTMENT OF TRANSPORTATION
RECORDS; THENCE NORTH 44 °54'00" WEST, ALONG SAID SOUTHERLY RIGHT -OF -WAY LINE AND ALONG THE
NORTHERLY LINE OF PARCEL 1, SAID STILLWATER RANCH PARCELS, A DISTANCE OF 8.13 FEET TO A NON -
TANGENT POINT OF CURVE, FROM WHICH THE RADIAL LINE BEARS NORTH 74 °48'04" WEST, SAID POINT
BEING THE "POINT OF BEGINNING "; THENCE SOUTHWESTERLY ALONG THE ARC OF A NON - TANGENT
CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 35 °5716 ", A RADIUS OF 27.50 FEET, AN ARC LENGTH
OF 17.26 FEET AND A CHORD WHICH BEARS SOUTH 33 °10'34" WEST, A DISTANCE OF 16.98 FEET TO A POINT
TANGENT; THENCE SOUTH 51 °09'12" WEST, A DISTANCE OF 27.95 FEET TO A NON - TANGENT POINT OF
CURVE, FROM WHICH THE RADIAL LINE BEARS SOUTH 40 °56'19" EAST; THENCE ALONG THE ARC OF A NON -
TANGENT CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 42 0 54'39 ", A RADIUS OF 125.18 FEET, AN ARC
LENGTH OF 93.75 FEET AND A CHORD WHICH BEARS SOUTH 27 0 36'21" WEST, A DISTANCE OF 91.58 FEET TO A
NON - TANGENT POINT; THENCE SOUTH 05 °10'32" WEST, A DISTANCE OF 65.79 FEET; THENCE SOUTH 10 0 49'00"
WEST, A DISTANCE OF 63.78 FEET; THENCE SOUTH 34 °41'11" WEST, A DISTANCE OF 79.07 FEET; THENCE
NORTH 59 0 17'31" WEST, A DISTANCE OF 15.04 FEET; THENCE NORTH 34 °41'11" EAST, A DISTANCE OF 76.94
FEET; THENCE NORTH 10 °49'00" EAST, A DISTANCE OF 59.87 FEET; THENCE NORTH 05 °10'32" EAST, A
DISTANCE OF 65.17 FEET TO A NON - TANGENT POINT OF CURVE, FROM WHICH THE RADIAL LINE BEARS
SOUTH 83 °54'11" EAST; THENCE ALONG THE ARC OF A NON - TANGENT CURVE TO THE RIGHT HAVING A
CENTRAL ANGLE OF 43 0 04'46 ", A RADIUS OF 140.18 FEET, AN ARC LENGTH OF 105.40 FEET AND A CHORD
WHICH BEARS NORTH 27 °38'12" EAST, A DISTANCE OF 102.93 FEET TO A NON - TANGENT POINT; THENCE
NORTH 51 0 09'12" EAST, A DISTANCE OF 28.22 FEET TO A POINT OF CURVE; THENCE ALONG THE ARC OF A
CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 89 0 29'22 ", A RADIUS OF 12.50 FEET, AN ARC LENGTH OF
19.52 FEET AND A CHORD WHICH BEARS NORTH 06 0 24'30" EAST, A DISTANCE OF 17.60 FEET TO A NON -
TANGENT POINT; THENCE NORTH 35 0 23'17" EAST, A DISTANCE OF 1.31 FEET TO THE NORTHERLY LINE OF
SAID PARCEL 2; THENCE SOUTH 44 0 54'00" EAST, ALONG SAID NORTHERLY LINE, A DISTANCE OF 22.63 FEET
TO THE "POINT OF BEGINNING ".
CONTAINING 0.121 ACRES OR 5263 SQUARE FEET, MORE OR LESS.
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