HomeMy WebLinkAboutbocc.con.066.1994 370889 8-752 P-812 06/08'94 03:72P PG : OF r
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NON-MOTORIZED PUBLIC TRAIL EASEMENT AGREEMENT
THIS NON-MO►•RIZED PUBLIC TRAIL EASEMENT AGREEMENT made this
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Kuu"day of , "' by and between CASTLE
• _ 1994 (the "Agreement"), y
CREEK BAN . PARTNERSHIP,a Colorado general partnership,(the"Owner") and
the BOARD 6 COUNTY COMMISSIONERS of the County of Pitkin,State of
. Colorado,as the governing body of ['Akin County,Cnloracy.,(the"County").
W1lNESSETth
WHEREAS,Owner has submitted to Count; for approval,execution and
recordation a Final Plat(the"Final Plat")of the Castle Creek Banks Partnership Lot
Split PUD/Subdivision (the"Subdivision"), encompassing the real property
described in Exhibit"A"annexed hereto and made a part hereof(the"Property"), e
and also described on the Final Plat which is recorded in Plat Book at Pages .e
Ifft 71 in the real property records of Pitkin County,Colorado;and
WHEREAS,the County has fully considered the Final Plat,and is willing to
grant approval of and execute the same upon the Owner.'agreement to certain
. obligations,including,among other things, the granting of me non-motorized
public trail easement contained herein.
NOW,THEREFORE, in consideration of the mutual covenants herein
• contained,the parties hereto agree as follows:
1. Easement. Owner hereby grants to t; : County a perpetual,non-
' exclusive easement (the "Easement") within the.S'..division for the benefit of the
public at large for the purpose of non-motorized 'f zi1 use within the Easement(the
"Castle Creek Valley Trail")as more particularly d.=scribed in Exhibit"B" annexed
hereto. Ownership of the land within the Easemen!.shall be retained by the Owner,
or his successors and assigns.
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2. Scope of the Easement. The Easement shall be used solely and
exclusively for non-motorized trail use only during daylight hot....-7,(dawn to dusk).
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Overnight camping within the Easement shall be specifically prohibited. Nothing
contained herein shall be construed to grant an easement across any of the
remainder of the Subdivision for access to the Easement or otherwise. The grant
contained herein shall be strictly construed. r
3. No Interference. The exercise of right granted hereunder shall not
unreasonably interfere with the Owner's use of the Property burdened thereby.
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4. Maintenance.Indemnity and Insurance. By granting the .asement,the
Owner shall have no obligation to construct or to repair,clear or otherwise _:' ^M
maintain the trail within the Easement once construction is completed or to insure
or indemnify the County for any injury,claim or damage to any person or property,
4. whether alleged to have occurred while using the Easement for non-motorized use t '-
or otherwise and/or due to the condition of the trail,its construction or otherwise.
The parties expressly acknowledge that the Owner is entitled to the benefits,
protections and limitations on liability afforded by Colorado law governing - a
recreational easements,C.R.S.Sec 33-41-101,et seq. ..
may be� Underground
the used in Utilities,uture fort installation and maintenance ofe underground
Easement
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utilities.
6. Entire Aare• This Agreement contains the entire understanding r .
of the parties hereto. There are no representations,warranties,covenants or
� understandings other than those expressly set forth herein. This Agreement may
ie not be modified or amended except in writin g signed by the p arties hereto.
7. Captions. The captions in this Agreement are for convenience only H
and shall not be considered a part of or affect the construction or interpretation of
any provision contained herein.
8. Successors and Assigns:Easement to Run With the Property. This
Agreement shall be binding upon and inure to the benefit of the parties hereto and
their respective successors and assigns,and shall be construed as a covenant
running with the Property.
9. Attorney's Fees. In the event of litigation to enforce this Agreement,
the prevailing party shall be entitled to an award of such party's attorneys'fees and
expenses.
10. Notices. All notices to be given hereunder shall be in writing and shall
be hand delivered or sent postage prepaid by Certified or Registered United States
Mail,Return Receipt Requested,addressed to the parties at the following addresses
or to such other addresses as the party may designate by notice. r
If If to County: t
Castle Creek Banks Partnership to Owner: Board of County Commissioners a
C I. 506 East Main Street �
c/o Law Offices Aspen,Colorado
Gideon I.Kaufman,P.C. p 81611 e � �
Aspen,Colorado 81611
SIGNATURES AND ACKNOWLEDGMENTS FOLLOW ON PAGES 3&4) 10 4
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IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be
executed and acknowledged as of the day and year first above written. SO-
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OWNER:
CASTLE CREEK BANKS PARTNERSHIP,a Colorado general partnership,by
Irwin A.Molasky,General Partner,on behalf of said partnership.
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Iwin A.Molasky,Ge al artner
,. by his attorney-in-f ct
Gideon Kaufman ..
State of Colorado ) 1
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Cotalty of Pitkin ) t`
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.' ii-,'''''-'4--• 11, foieg Mg instrument was acknowledged before me this p04-day of
't (:-- LO 'f_ , • by bv Irwin A. Molasky, President of CASTLE CREEK
., • a '
YIAN 41k ERSHIP,a Colorado general partnership, by his attorney-in-fact
Od4 iiuftan. ,
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Wiss.niiehand and seal
My commiSsion expires -1/131q(., •
1 ,Notary Public
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COUNTY: .. ".
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BOARD OF COUNTY COMMISSIONERS
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OF PITKIN COUNTY,COLORADO
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Chairperson ,.
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4.. STATE OF COLORADO ) ,
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COUNTY OF PITKIN )
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,- The foregoing instrument was acknowledged before me this L.day of
1994, by -S P1iY,l'. --i-2, --retAG- , as Chairperson of the r ...
et BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,COLORADO. ,.,
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Pt - ;NESS.mk...hand and official seal.
1,7/47 sc;mmission expires: I I- 2r9(
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,Notary Pubqc
Aiipievett as to Form: ' 2
Attorney
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EXHIBIT A
CASTLE CREEK BANKS PARTNERSHIP LOT SPLIT
PUD/SUBDIVISION 1.
Page one of one
A tract of land situated in the Southwest 114 of the Northeast 114, the t -
Northwest 114 of the Southeast 114 and the Southwest 114 of the Southeast 114 of
Section 23, Township 10 South,Range 85 West of the 6TH P.M.lying Westerly of 0
the Bonanza Placer (M.S. 5840 AM), being more fully described as follows; F
Beginning at a point on line 5-6 of said Bonanza Placer,Whence corner No.6
of said Bonanza Placer bears S 13. 19'02" W 120.00 feet.
Thence S 74. 00'00" W 454.92 feet;
Thence N 04. 14'10" W 1132.72 feet;
Thence N 18. 57'11"E 1777.61 feet;
Thence N 12• 00'00"W 652.31 feet to a point on the North line of said Southwest
114 of the Northeast 114.
Thence along the North line of said Southwest 114 of the Northeast 114 and of said
Southeast 114 of the Northeast 114 S 87. 53'33"E 859.03 feet to its intersection
with the West line of said:7lonanza Placer.
Thence along the West line of said Bonanza Placer S 13. 18'52" W 1361.05 feet
to its intersection with the South line of said Southeast 1/4 of the Northeast 1/4 N
88• 44' 00" W 73.65 feet to the Southwest corner of said Southeast 1/4 of the
Northeast 1/4.
Thence along the East line of said Northwest 114 of the Southeast 114 S 00. 09'16"
W 316.03 feet to its intersection with the West line of said Bonanza Placer.
Thence along said West line of the Bonanza Placer S 13. 19'02" W 1698.74 feet i
to the point of beginning, containing 50.3599 Acres more or less.
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EXHIBIT B :,_,
CASTLE CREEK VALLEY TRAIL & UTILITY EASEMENT z
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Page one of two i
The centerline of a 15 foot wide trail and utility easement in the East 1/2 of Section
23, Township 10, South Range 85 West of the 6th Principle Meridian, Pitkin • Y- .
County, Colorado being more fully described as follows:
Beginning at a point whence corner 6 of the Bonanza Placer M.S. 5840 bears
S 02. 04'26" W 3436.07 feet;
Thence S 13. 00'50"E 12.85 feet;
Thence S 11. 34'11"E 209.61 feet;
Thence N 45. 09'55" W 106.16 feet;
Thence S 07' 41'54"E 149.89 feet;
Thence S 40' 04'23"E 32.68 feet;
Thence S 08. 33'52"E 249.09 feet;
Thence S 03• 27'09"E 44.04 feet;
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Thence S 19. 35'20" W 29.81 feet;
Thence S 10. 37'34" W 173.95 feet;
Thence S 01. 10'48" W 36.42 feet;
Thence S 12° 20'50" W 175.90 feet;
Thence S 04. 40'09" W 48.87 feet;
Thence S 17. 54'04" W 101.03 feet;
Thence S 24. 46'35" W 209.79 feet;
Thence S 33* 01'23" W 57.40 feet;
Thence S 55. 27'37' W 27.60 feet;
Thence S 30. 37'53" W 54.89 feet;
Thence S 27. 23'25" W 161.83 feet;
Thence S 05. 00'10" W 109.28 feet;
Thence S 13° 54'18" W 360.09 feet;
Thence S 20. 21'58" W 97.88 feet;
Thence S 09. 23'44" W 39.71 feet;
Thence S 17. 56'34" W 143.42 feet;
Thence S 04. 38'48" W 302.43 feet;
Thence S 04. 21'47'E 69.64 feet; ,.
Thence S 13. 25'43"E 74.69 feet;
Thence S 03. 45'21" W 91.15 feet; •
Thence S 09. 47'41"E 64.65 feet;
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EXHIBIT B
CASTLE CREEK VALLEY TRAIL & UTILITY EASEMENT, CONT.
.> Page two of two
Thence S 00. 14'45"E 88.05 feet; - `":
Thence S 16' 37'10"E 66.10 fect;
Thence S 04• 17'45"E 94.80 feet;
Thence S 11. 18'12"E 75.31 feet;
Thence S 08. 13'44"E 100.31 feet;
Thence S 03. 28'26" W 30.70 feet; "_ ,
Thence S 22' 53'33"E 26.25 feet;
Thence S 16. 07'25" W 9.79 feet to a point on the south line of Lot 1, Castle
Creek Banks PartnershipLot split. ' "
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