HomeMy WebLinkAboutbocc.con.011.2002FISHING EASEMENT
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THIS EASEMENT is made this Flo'day of ])eGPMAei� , 2001,
and is granted by Lazy Glen Homeowners' Association (hereinafter referred to as
"Grantors") to the County of Pitkin, State of Colorado (hereinafter referred to as
"County") for the benefit of the public.
W[TNESSETH
CONTRACT #€m j - 2 00 -2
APPROVED BY
RESOLUTION
# o2/-Zoo°
WHEREAS, Grantor is the owner of certain real property in Pitkin County,
Colorado, described as Lazy Glen Mobile Home Park PUD according to the Plat thereof,
recorded in Book 6,0 at Pagea5--R 9 of the Pitkin County records, which property is
traversed by the Roaring Fork River (hereinafter referred to as "the Property");
WHEREAS, as an exaction and condition of approval by the Board of County
Commissioners of Pitkin County of a Subdivision and PUD for the Lazy Glen Mobile
Home Park, pursuant to Resolution No. 98-168, adopted September 9, 1998, Grantors
have agreed to grant an easement to allow the use of a described portion of their property
for fishing by members of the Public;
WHEREAS, in exchange for said exaction and fishing easement, County has
agreed to approve certain land use and other enumerated benefits in connection with the
development approval.
NOW, THEREFORE, for Ten Dollars ($10.00) and other good and valuable
consideration, and in consideration of the mutual covenants and conditions contained
herein, Grantor agrees as follows:
L Easement. Grantor hereby grants to the Board of County
Commissioners of Pitkin County, Colorado, for the benefit of the Public a non-exclusive
easement for the purpose of fishing in the Roaring Forlc River where the same traverses
property owned by Grantor. This easement shall extend to five feet (5') above the high
water mark on the Property along the bank of the said river.
2. No Easement for Access. Nothing contained herein shall be construed
to grant an easement across any of the remainder of the Property owned by Grantor, or
across any other real property owned by Grantor for ingress and egress to the Roaring
Fork River or for access to or from any other property or otherwise. This easement is
solely for fishing by the Public along the course of the Roaring Fork River and shall be
strictly construed.
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3. No Interference. The exercise of rights granted hereunder shall not
unreasonably interfere with the use of the property burdened hereby.
4. Maintenance, Ilold Harmless and Insurance
u. The parties expressly acknowledge that Grantor is entitled to the
benefits, protections and limitations on liability afforded by Colorado law
governing recreational easements, Section 33-41-101, et seq., C.R.S. By
granting the casement hereunder, Grantor shall have no additional
obligation to repair, clear, or otherwise maintain the area within the
easement, including without limitation the river and the banks along the
river within five feet (5') above the high water mark, or to insure or
indemnify County for any injury, claim or damage to any person or
property, whether alleged to have occurred while using the easement for
fishing purposes or otherwise and due to the condition of the river or its
banks or otherwise.
b. By exacting and accepting the easement granted hereunder, County
agrees:
i. To defend and hold harmless Grantor and its successors and
assigns, to the full extent allowed under Colorado law, for any
injury, claim or damage to any person or property using the
easement, whether alleged to have occurred while using the
easement for fishing purposes or otherwise and due to the
condition of the river or its banks or otherwise;
ii. To add Grantor as a co-insured on any policy or liability
insurance carried by County and insuring against such claims
or losses, and
iii. To reserve to Grantor the right to claim full credit for the
easement granted hereunder under the Pitkin County Land Use
Code in any further subdivision or other land use application or
approval relating to the Property.
5. Gates, Signs and Fences. Nothing in this Agreement shall authorize or
entitle the County to erect or to remove any gates, signs, or fences on the Property or
within the easement granted hereunder without the advance written consent of Grantor.
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b. Running of Benefits and Burdens. All provisions of this easement,
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.
IN WITNESS WHEREOF, Grantor has hereunto set their hands and seals the
date and year first above written.
STATE OF COLORADO
) ss.
COUNTY OF PITKIN
1�eborah Voigt, Presid
Lazy Glen Homeowners Association
Subscribed and sworn tc(beford'dt,;:._s jG.'71 day of , 2001,
by Deborah Voigt. ii "•' •
JOAN
Witness my hand an off•Iti:[S¢ilON
My commission expi :a; r r 22 ee r ',:,.,-
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