HomeMy WebLinkAboutbocc.res.012.1999A RESOLUTION OF THE PITKIN COUNTY BOARD OF COUNTY OF
COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, AUTHORIZING THE
CHAIR TO EXECUTE THE TEMPORARY TRAIL EASEMENT WITH THE STILLWATER
RANCH OPEN SPACE ASSOCIATION
Resolution #99-
1. The Stillwater Ranch Open Space Association ("Grantor") is the record
owner of that certain real property located in Pitkin County, Colorado, as shown and
described on the Plat of Stillwater Ranch Subdivision recorded December 30, 1995 in
Plat Book 35 at Page 86 of the Pitkin County, Colorado records (the "Trail Easement").
The Trail Easement commences at the point of intersection of an old dirt road with the
southerly edge of the Ute Avenue Cul-de-sac and then continues in a southwesterly
direction along a 12-foot wide strip of land lying 6 feet on ether side of the centerline
of the old road to the point of intersection with the 12-foot wide Winter Trail Easement.
2. The Winter Trail Easement was established in the Winter Trail Easement
Agreement recorded August 11, 1993 in Book 720 at Page 974 of the Pitkin County,
Colorado records.
3. The Grantor wishes to enter into a Temporary Trail Easement Agreement
which grants to the Board of County Commissioners of Pitkin County, Colorado a
temporary, non-exclusive trail easement and right-of-way for the use of the general
public for this 1999 winter season only.
4. The Temporary Easement shall be subject to the same "Trail Use
Restrictions" as are contained in the above -described Winter Trail Easement
Agreement.
5. The County will assume full responsibility for maintenance of the
Temporary Easement, and agrees that each and every term and provision of the above -
described Winter Trail Easement Agreement shall apply to the Temporary Easement
with the same effects as if the Temporary Easement were part of the Winter Trail
Easement.
6. It is in the best interest of the County to enter into the Temporary Trail
Easement Agreement.
NOW THEREFORE, be it resolved by the Board of County Commissioners of
Pitkin County, Colorado, that the Temporary Trail Easement Agreement is accepted and
the Chair is authorized to execute the Temporary Trail Easement Agreement, after
approval of the form by the County Attorney, and such other documents as are
necessary to finalize the transaction.
INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING ON THE I3TH
DAY OF JANUARY, 1999.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE WEEKEND EDITION OF THE
ASPEN TIMES ON THE 16TH DAY OF JANUARY, 1999.
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APPROVED UPON SECOND READING AND PUBLIC HEARING ON THE 27TH
DAY OF JANUARY, 1999.
PUBLISHED AFTER ADOPTION IN THE WEEKEND EDITION OF THE ASPEN
TIMES ON THE 6TH DAY OF FEBRUARY, 1999.
ATTEST:
Jean tteJones
De. ty Clerk
APPROVED AS TO FORM:
Deborah Quinn�P
Assistant County Attorney Cou Manager
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
Chairperson
Date:
1/reso/stilleas4oc
Suz Koncha
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•meat 4,1
CONTRACT# I%t-3Q
TEMPORARY TRAIL EASEMENT AGREEMENT
Know All Men By These Presents: #_ /
APPROVED BY
RESOLUTION
THAT for and in consideration of the premises and for other good and valuable
considerations, the receipt and sufficiency of which are hereby acknowledged, the
undersigned parties hereby agree as follows:
1. Stillwater Ranch Open Space Association (the "Association") grants to
The Board of County Commissioners of Pitkin County, Colorado ("County"), for the
use of the general public, a temporary, non-exclusive trail easement an'd right-of-way
commencing at the point of intersection of an old dirt road with the southerly edge of
the Ute Avenue Cul-de-sac as depicted on the Final Plat of Stillwater Ranch Subdivision
recorded December 30,1995 in Plat Book 35 at Page 86 of the Pitkin County, Colorado
records, and then continuing in a southwesterly direction along a 12 foot wide strip of
land lying 6 feet on either side of the centerline of said old road to the point of
intersection with the 12 foot wide Winter Trail Easement established in that certain
Winter Trail Easement Agreement recorded August 11,1993 in Book 720 at Page 974 of
said records (the "Temporary Easement"). The Temporary Easement may be used for
the same purposes as the said Winter Trail Easement, and for no other purposes, and
shall automatically and forever terminate on May 1,1999.
Jo 2. The Temporary Easement shall be subject to the same "Trail Use
o
_•-,, Restrictions" as are contained in the above -described Winter Trail Easement
Agreement.
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Z 3. County accepts this grant of Temporary Easement and assumes full
—1"
responsibility for maintenance of the same, and agrees that each and every term and
in o
o. provision of the above -described Winter Trail Easement Agreement shall apply to the
W m Temporary Easement with the same effect as if the Temporary Easement were a part of
mIll
W z the Winter Trail Easement.
Nl0
B m
m Executed as of January 25,1999.
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Stillwater Ranch Open Space Association
Nicolas Benedict, President
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Board of County Commissioners of Pitkin
County, Colorado
APPROVED BY BOCC
'_ ok / -1-1 —41
Approved As to Form:
County Attorney
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