HomeMy WebLinkAboutbocc.ord.004.2013 RECEPTION#: 630683, 07/15/2016 at
01:35:15 PM,
1 OF 16, R $0.00 Doc Code ORDINANCE
Janice K. Vos Caudill. Pitkin County, CO
ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY,COLORADO,AUTHORIZING A SETTLEMENT
AGREEMENT AND CONSENT DECREE AND ACCEPTING A CONDITIONAL
RESTRICTIVE COVENANT FROM EMMA FARMS,LLC
ORDINANCE No. A' -2013
RECITALS
1. EMMA FARMS, LLC is the owner of Lots 1 through 7, Emma Farms, according to
(
v V the Plats thereof recorded in Eagle County at Reception No. 200800849 and in Pitkin County
at Reception No. 557445 (the "Emma Farms Property"). The Emma Farms Property is
located in both Pitkin and Eagle Counties, Colorado.
2. The BOCC is a party to and beneficiary of a Public Trail and Parking Easement dated
May 23, 2005,recorded in Pitkin County at Reception No. 510751 (the"Trail Easement").
3. The Trail Easement is located on property owned by Parker Juniper, LLLP and Parker
Bindweed, LLLP (the "Parker Entities"). Said property is specifically described in the Trail
Easement and is referred to herein as the "Parker Property." The Parker Property is adjacent
to the Emma Farms Property.
4. EMMA FARMS filed an initial Complaint and an Amended Complaint in Civil
tJ
Action No. 2010-CV-321 in the District Court in and for the County of Pitkin, State of
Colorado, in order to quiet title to an easement and a 0.4 acre parcel of land by adverse use
and adverse possession across and upon the Parker Property. The location of the easement,
referred to herein as the "Red Rock Road," and the location of the 0.4 acre parcel, referred to
herein as the "Pasture Parcel," are illustrated on Exhibit A to the Settlement Agreement and
Consent Decree. Civil Action No. 2010-CV-321 is referred to herein as the "Quiet Title
Action."
5. In addition to the Parker Entities, as owners of the Parker Property, the BOCC was
named as a Defendant in the Quiet Title Action, since the easement sought by EMMA
FARMS along the Red Rock Road and the Pasture Parcel affect the interests of the BOCC in
the Trail Easement.
7. In exchange for the agreement of the BOCC to not contest the claims of EMMA
FARMS asserted in the Quiet Title Action, EMMA FARMS has agreed to limit its use of the
Red Rock Road and the Pasture Parcel as more particularly set forth in the Settlement
Agreement and Consent Decree.
8. The use restrictions concerning Red Rock Road and the Pasture Parcel shall be set
forth in a written Covenant,to be executed and delivered to the BOCC simultaneously with
execution of the Settlement Agreement and Consent Decree. The Covenant shall be retained
by the BOCC pending the occurrence of either conditions precedent described in paragraph 9
below. Upon satisfaction of either condition precedent, and the recording of either the
Ordinance No.Q' -2013
Page 2
judgment/Order or the Easement Agreement,the BOCC is authorized to record the Covenant
in Pitkin County and Eagle County,whereupon it shall constitute a covenant and restriction
on the use of the Red Rock Road and the Pasture Parcel, consistent with the terms of this
Agreement,which shall run with title to the lands burdened and benefitted thereby and which
shall be enforceable by the BOCC.
9. The use restrictions set forth in the Covenant shall not become effective unless and
until EMMA FARMS either:
a. Obtains a fmal,non-appealable judgment or order in the Quiet Title Action
which either establishes a perpetual easement in favor of EMMA FARMS over
the Red Rock Road or confirms EMMA FARMS' ownership and title to the
Pasture Parcel, or
b. Enters into an Easement Agreement with the Parker Entities whereby the
Parker Entities grant to EMMA FARMS a perpetual easement either for use of
the Red Rock Road or the Pasture Parcel on terms acceptable to EMMA
FARMS
10. The BOCC finds that adoption of this ordinance is in the best interest of the public
health, safety and welfare of the citizens of Pitkin County and therefore declares this
ordinance to be effective immediately upon final reading and public hearing.
NOW, THEREFORE, BE IT ORDAINED, that the Board of County Commissioners
of Pitkin County, Colorado:
1. Authorizes a Settlement Agreement and Consent Decree in a form
substantially conforming to that approved by the County Attorney;
2. Accepts from Emma Farms, LLC, a conditional Restrictive Covenant
limiting the use of Red Rock Road and the Pasture Parcel in a form substantially conforming
to that approved by the County Attorney.
INTRODUCED AND APPROVED AT THE REGULAR MEETING ON THE 13TH DAY
OF MARCH 2013 AND SET FOR SECOND READING AND PUBLIC HEARING ON
THE 27TH DAY OF MARCH 2013.
NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE
ORDINANCE PUBLISHED IN THE ASPEN TIMES WEEKLY ON 3_/y , 2013.
NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE ORDINANCE POSTED
ON THE OFFICIAL PITKIN COUNTY WEBSITE(www.aspenpitkin.com) ON THE
/1-4w DAY OF ''f Q,v 2013.
Ordinance No.ay-2013
Page 3
ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE P 7 DAY OF
rn, ti„. 2013.
PUBLISHED BY TITLE AND SHORT S I • t Y,AFTER ADOPTION, IN THE ASPEN
TIMES WEEKLY ON THE 14 DAY OF '11 vi 1 2013.
AT P - : BOARD OF COUNTY COMMISSIONERS
L) 0 ,
By I /4/i . I it BY _.`P. `..I i/ . ♦, ik-Ck•
Jeanette(ones / George Ne i .n, Cha r
Deputy f ounty Clerk
Date: . a
APPROVED AS TO FORM: MANA ER • 'PROVAL
s
a
John Ely, Co ey Jon1P LI k, County Manager
RECEPTION#: 611811 , 07/15/2014 at 09: 41 :26 AM, 1 OF 13, R $0 .00
Janice K. Vos Caudill , Pitkin County, CO
SETTLEMENT AGREEMENT
Emma Farms v Parker,et al
Pitkin County District Court Case No. 10 CV 351
h/�AL
THISSETTLEMENT AGREEMENT is made this//' day of t ZJfL , 2014
between Emma Farms, LLC ("Emma Farms"), Parker Juniper, LLLP and Parker
Bindweed, LI,LP (collectively "Parker."), Board of County Commissioners of Pitkin
County, Colorado ("Pitkin County") and Aspen Valley Land Trust ("AVLT").
Recitals
A. The Parties are currently involved in litigation entitled Emma Farms, LLC v. Parker
Juniper, LLLP, el al, Pitkin County District Court Case No. 1-49-£x`-341- (the
"Litigation"); andjU (Iv3?./ J3
B. Emma Farms and Parker own contiguous parcels of real property in Pitkin and Eagle
Counties, Colorado ("Emma Farms Property" and "Parker Property"), as depicted on
the map attached as Exhibit A; and
C. A dispute has arisen concerning Emma Farms' claim of ownership through adverse
possession of the 0.4 acre Parker "Pasture Parcel" and claim of a prescriptive
easement across the Parker property to access the land area to the west of the Emma
Farms Property and the Parker Property managed by the BLM and commonly
referred to as the "Crown" via ATV and motorcycle as well as other means for
grazing, hunting and all other purposes, following the route of the Public "frail and
Parking Easement ("Public Trail") gifted by Parker to Pitkin County in 2005 and
including the gap between the Emma Farms property boundary and gate and the
Public Trail on Parker property; and
D. Emma Farms, Pitkin County and AVIA. entered into a Settlement Agreement with
respect to the Litigation on or about April 17, 2013 which shall be superseded and
replaced by this Settlement Agreement; and
E. In order to avoid the uncertainties, expenses and risks of the Litigation, the Parties
wish to resolve all issues, claims, disputes and differences asserted or which could be
asserted in the Litigation;
NOW THEREFORE, in consideration of the mutual covenants contained herein
and other good and valuable consideration, the sufficiency of which is hereby
acknowledged,the Parties agree as follows:
1. Easement and Management Agreement. In settlement of the Litigation, Emma
Farms, Parker and Pitkin County shall enter into an Easement and Management
Agreement (the"Easement Agreement") in the form attached hereto as Exhibit B.
The "Easement Area" pursuant to the Easement Agreement shall be Fifteen Feet
RECEPTION#: 611811 , 07/15/2014 at 09: 41 :26 AM, 2 OF 13,
Janice K. Vos Caudill , Pitkin County, CO
Emma Farms, Parker, Pitkin County, AVLT
Settlement Agreement
April 2014
Page 2
(15') in width and shall run from the gate in the fence along the common
boundary between the Parker Property and the Emma Farms Property to and then
following the Public Trail to the BLM boundary.
2. Allowed Uses and Restrictions. The Easement Agreement shall include, at a
minimum, the following restrictions:
a. No Motorized Use. There shall be no use of motor vehicles, motorcycles,
ATVs, snowmobiles, mountain bikes or any other kind of motorized or
mechanized vehicles on the Easement Area.
b. Limitation on Cattle Drives. The moving of cattle between Emma Farms
and the Crown across the Easement Area shall be limited to no more than
ten (10) days during the grazing season of each calendar year, following
notice to Pitkin County and AVLT as required in the Easement
Agreement, provided, however, that if Emma Farms cows occasionally
wander on to the Easement Area or other areas of the Parker Property, the
retrieval of those cows by Emma Farms personnel shall not constitute a
day of cattle moving.
c. No Hunting or Dogs. No hunting or dogs shall be allowed on the Parker
Property.
3. Saltonstall as Alternate Access to the Crown. This Settlement Agreement and the
provisions and restrictions of the Easement Agreement are expressly conditioned
upon Emma Farm's ability to obtain all required approvals for alternative access
to the Crown through the Saltonstall property (currently known as Red Rock
Ranch) for moving cattle and for access by 4-stroke ATV or 4-stroke motorcycle
in direct support of cattle moving and grazing and related agricultural operations
of Emma Farms, including the approval of Pitkin County and notice to and no
objection from Eagle County and the Town of Basalt by no later than June 17-
2014.
4. Disclaimer of Interest. Emma Farms hereby disclaims any ownership interest in
the Pasture Parcel and in the Public Trail, except as specifically granted in the
Easement Agreement, provided, however, that the occasional use of the Pasture
Parcel for cattle grazing purposes only shall not be deemed a trespass and either
Parker or Pitkin County may fence the Pasture Parcel.
5. Dismissal of Litigation. Upon the execution and recording of the Easement
Agreement and satisfaction of the Saltonstall access contingency as set forth in
Section 3, above, the parties will file a Stipulation for Dismissal with Prejudice of
the Litigation. In the interim, the parties will notify the Court of the fact of this
Settlement Agreement and hold in abeyance all further investigation, discovery,
RECEPTION#: 611811 , 07/15/2014 at 09: 41 :26 AM, 3 OF 13,
Janice K. Vos Caudill , Pitkin County, CO
Emma Farms, Parker, Pitkin County, AVLT
Settlement Agreement
April 2014
Page 3
trial preparation and other legal proceedings. If necessary, the parties will file a
Joint Motion to Stay Proceedings in the Litigation.
6. Termination of Previous Settlement Agreement. By execution of this Settlement
Agreement, Emma Farms, Pitkin County and AVLT acknowledge and agree that
the previous Settlement Agreement entered into on or about April 17, 2013,
including the Restrictive Covenant attached thereto and approved thereby, is
hereby superseded and replaced, in its entirety, by this Settlement Agreement and
that the previous Settlement Agreement and Restrictive Covenant shall be of no
further force or effect.
7. Further Assurances. The Parties agree to cooperate in securing all approvals of
this Settlement Agreement and to execute any and all documents or instruments
deemed appropriate and necessary to effectuate the terms of this Settlement
Agreement.
8. Costs and Attorneys' Fees. The parties shall each be solely responsible for their
respective costs and attorney's fees incurred in connection with the Litigation and
its settlement. In the event that any of the Parties hereto litigate the terms and
provisions hereof or the terms and provisions of any of the implementing
documents, the prevailing party shall be awarded reasonable attorney's fees and
costs incurred. Exclusive venue for any and all lawsuits or claims arising under
or relating to this Settlement Agreement is agreed to he in Pitkin County,
Colorado.
9. Settlement Agreement Not to be Recorded. This Settlement Agreement shall not
be recorded in the Real Property Records of Pitkin County, Colorado, but shall be
binding upon and shall inure to the benefit of the Parties, their heirs, successors,
personal representatives and assigns.
10. Remedies. In addition to any other remedies available to an aggrieved Party, it is
specifically agreed, without limitation, that the Parties may seek specific
performance, injunctive relief and damages as a remedy for a breach of this
Settlement Agreement.
11. Recitals. The Recitals contained in this Settlement Agreement are hereby made
an integral part of the Agreement.
IN WITNESS WHEREOF the Parties have executed this Settlement Agreement on the
day and year above first written.
RECEPTION#: 611811, 07/15/2014 at 09:41 :26 AM, 4 OF 13,
Janice K. Vos Caudill, Pitkin County, CO
Emma Farms, Parker, Pitkin County, A VLT
Settlement Agreement
April 2014
Page 4
//1
EM A ' ' S, LL ,
By: .,. I , l, i
Wal. - 'i ana e-r
PARKER JUNIPER,L P,
By• /
, A . General Partner
rT !
LLLP
L„...,
B
y.
4 ': General Partner
Board of County Commissioners of
Pitkin County,Colorado
By: o
ISO CC_ ,Chairman
7-ogoes-f d fit+' 6-/l-got'
Aspen Valley Land Trust /`''
By:
.
ag
• . 0 n
H. VI
0 b
ID H
H
xo
Z
EXHIBIT A o
an o►
r
1 + a o
ILu! 1-1a
L.6 7 I Enema fans t F.'
v:\ Lr.,ww F.•.r. Kra M 1.0&.649 I1
LW' r Pin ICDA 90,hop 7i / I"1 0
Fount,fa.6.. l r `
i PM? 9A J
Pop 70I r \
/took Pow 1 In,n/.,5 ! Foos C.vnty 1 ___ b I"A
L
2 1/4'C.LO B.a�+('ap -—. r ANun(.tray ~7 \
-l-, I Lot; rn Pr N
.1 La 6 Ern4,o Forms
Co
Exuma 116' Pio:Soak 9L.Pb 70 !j r 0
• 11PM:16434 90.Poor 70 $3 A
:�
f1
Annk 16161 I Trott 57& 1.3• i APP^'^ro n Roue
a of _ s a 0 fit
�w1 r es P08• - , . SCALE: 1"=300*
dp
fecter -
I ! 711 S 8e'S T 511'X' 797 3.1 V,tno7r A6nt 3 T 1164 8 Mok Pam/4 putt 57 A l< •fo
`I •
+ Pasture/a6r! Angie./Vent Iron 63 A64114 Poutu S I a o 64 •
0 a?,Acre, v 7 i 7 MD tion.Cap 1,•. M nwnn Cap y ,t.
0,1,.i:' L5 k 31141 0 N
0 ••
J.n• UNE TABLL 41
4 •
�..,•, V t�,.A�. L/AT BFARIVG W574.9C6
20�A,aar �.` L I S73'46 2.1'19 79 6:
L7 S Easenewl -_ L2 S46'37 44'W 11513
Z1
C. 0540.4.- 5�`
a L3 532.5602w o7 79
1 .l 100 - Ror` ° L4 SI54940'14' 6961 4
e%* -'e,
�-- ��`�•y 4i SIS.Y71W 11381
-_e.._.__ `_"-_._ tr-_Ar•cow7 L6 32'S 57 JSW 39 98 , U)
r— 1.;0 tT •
L7 584 91 0.3'i{' 79 64 o
:.,V\� QF • LC 522'19091V 4060
19 559'19 07W 7769
I v W, L1G 512'34J7 6987 I-I
� LI1 645 b3214 34.11. W
�' 66/ 1.12 5182404W S717
46o6-Plow.3 TRIO 378 .2' 1.13
545%739711, 110 90 `
I ( A6•216P o n?6 Tout 65 Amine.Roweo o 1.14 3137'5015W41 88
7 1:4.Gut Pio..Cap
ti. .0.17_Aa+'a LIS 188'57'SOE 70796
I 71e P011, \ 116 523-4873W 2294
4 18eSrs0'8 _ _ —4-------.4.— 1.17 S.51`40 26W 15916 1p{ f
31720 ;'� -L le Llf 554.450'1?W 4857 q
/�•
L19 57673'4311, 33 09 _ ltui
x.11 APVwmYor / ,, F.ncr l.20 I 1?s 3J 34 W 42.77
The 01 save � 'i,:.: L . 6' 1.21 N.11'S7D3'i 6612 1
N., At L22 Nos7oa911' 2494
7 6/10 _PiraRrrrsq Un
CURVE TARL6
CURVE RADIUS LF.81 T1i CHORD REARING MU -
70 AurasCl 5000 5030 4821 535-4149 W 377e48" Is ,
- Ensr+n.9
C2 3000 5428 5165 5SJ75V5W 62.11 52' "' •o
53 3000 1936 1903- S40'4e580W 36'59W �••
Detail (Not to Scale) L'4 too 4658 4616 S 31-4448 W 26-4128
1 ,61
RECEPTION# : 611811 , 07/15/2014 at 09: 41 :26 AM, 6 OF 13,
Janice K. Vos Caudill , Pitkin County, CO
EXHIBIT B
EASEMENT AND MANAGEMENT AGREEMENT
THIS EASEMENT AND MANAGEMENT AGREEMENT (the "Easement
Agreement") is made and entered this day of 2014, by and between
EMMA FARMS, LLC, a Colorado limited liability company ("Emma Farms"), PARKER
JUNIPER, LLLP and PARKER BINDWEED, LLLP, (collectively "Parker"), and the BOARD
OF COUNTY COMMISSIONERS OF PITKIN COUNTY, Colorado ("Pitkin County").
Recitals
A. Emma Farms is the owner of Lots 1 through 7, Emma Farms, according to the Plats
thereof recorded on January 11, 2008 in the Office of the Eagle County Clerk & Recorder
at Reception No. 200800849 and on March 24, 2009 in the Office of the Pitkin County
Clerk & Recorder at Reception No. 557445 (the "Emma Farms Property"). The Emma
Farms Property is located in both Pitkin and Eagle Counties, Colorado;
B. Parker is the owner of Lots 1 and 2 of Happy Day Ranch, as shown on the Plat thereof
recorded in Plat Book 22, at Page 81 in the Office of the Pitkin County Clerk and
Recorder(the"Parker Property");
C. On or about May 23, 2005, Parker granted a Public Trail and Parking Easement to Pitkin
County for non-motorized public access across the Parker Property which was recorded
in the Office of the Pitkin County Clerk and Recorder at Reception No. 510751 (the
"Public Trail Easement");
D. Emma Farms filed an initial Complaint and an Amended Complaint in Civil Action No.
2010-CV-321 in the District Court in and for the County of Pitkin, State of Colorado, in
order to quiet title across and upon the Parker Property adjacent to the Emma Farms
Property (the "Litigation"):
E. The parties desire to enter into this Easement Agreement in order to settle and resolve all
claims and counterclaims which have been or could be raised in the Litigation pursuant to
the Settlement Agreement entered into by the parties on , 2014.
NOW. THEREFORE, for and in consideration of the covenants, terms, conditions, and
restrictions hereinafter set forth and for other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties agree as follows:
1. Easement. Parker hereby grants and conveys to Emma Farms a perpetual, non-exclusive
easement fbr access purposes upon and across Lots 1 and 2 of the Happy Day Ranch along
the alignment which is described on Exhibits A-1 and A-2. The "Easement Area" shall be
Fifteen Feet (15') in width and shall run from the gate in the fence along the common
boundary between the Parker Property and the Emma Farms Property as described on
Exhibit A-1 to and then following the Public Trail Easement to the BLM boundary.
RECEPTION#: 611811 , 07/15/2014 at 09:41 :26 AM, 7 OF 13,
Janice K. Vos Caudill , Pitkin County, CO
Emma Farms. Parker, Pitkin Count}', A VLT
Easement and Management Agreement
Page 2 of 8
2. Allowed Uses and Restrictions. Use of the Easement Area by Emma Farms shall be
subject to the following restrictions:
a. Allowed Uses. Emma Farms or its Authorized Contractor may utilize the Easement
Area only for the purpose of driving cattle between Emma Farms and the BLM grazing
areas within the Crown. The "Crown" consists of the land area to the west of the Parker
and Emma Farms Properties that is managed by the Bureau of Land Management
("BLM") for multiple uses including cattle grazing.
b. Restrictions. Use of the Easement Area by Emma Farms shall be subject to the
following restrictions:
i. There shall be no use of motor vehicles, motorcycles, ATVs, snowmobiles,
mountain bikes or any other kind of motorized or mechanized vehicles on the
Easement Area.
ii. Use of the Easement Area is expressly limited to the moving of cattle between
Emma Farms and the Crown no more than ten (10) days during the grazing season of
each calendar year following notice to Pitkin County and Parker as required herein,
provided, however, that if Emma Farms cows occasionally wander onto the Easement
Area or other areas of the Parker Property, the retrieval of those cows by Emma
Farms personnel shall not constitute a day of cattle moving.
iii. The Easement Area shall be closed to all uses, except as expressly permitted
pursuant to section 2.b.ii., above. Notwithstanding the foregoing, Emma Farms may
use the portion of the Easement Area that corresponds with the Public Trail and
Parking Easement granted by Parker on May 23. 2005 (Reception No. 510751),
referred to herein as the "Public Trail Easement", to the same extent and subject to
the same limitations as members of the general public.
iv. No hunting or dogs shall be allowed on the Parker Property.
v. Only the Members of Emma Farms and its agents, employees, or contractors who
are actively engaged in agricultural and ranching operations on the Emma Farms
Property shall be authorized to utilize the Easement Area for the purposes stated
above. Emma Farms shall be entitled to authorize use of the Easement Area, subject
to the terms of this Easement, by an independent contractor (the "Authorized
Contractor") who is maintaining a cattle operation with its own cattle on the Emma
Farms Property and utilizing the summer grazing permit on the Crown, provided that
Emma Farms provides written notice of such authorization to Parker and Pitkin
County including the name of the Authorized Contractor and its contact information.
vi. Use of the Easement Area for the purposes stated above shall be suspended during
any period of time that Emma Farms, or its successors, fail to maintain grazing rights
and associated permits on the BLM lands within the Crown.
2
RECEPTION#: 611811 , 07/15/2014 at 09:41 :26 AM, 8 OF 13,
Janice K. Vos Caudill , Pitkin County, CO
Emma Farms. Parker, Pitkin County, AVLT
Easement and Management Agreement
Page 3 of 8
vii.Before any planned cattle drive utilizing the Easement Area, Emma Farms shall
provide notice to Pitkin County and Parker as provided in section 3.c. below. The
parties acknowledge that there will be times when cattle will utilize the Easement
Area or Parker Property, on their own, in which case, no notice will be required. In
addition, advance notice shall not be required in the event of an emergency related to
the agricultural or ranching operations on the Emma Farms Property.
c. Public Trail Easement. The Allowed Uses and Restrictions set forth above shall not
apply to use by the public of the Public Trail Easement referenced in Recital C, in
accordance with the terms and conditions of that Easement.
3. Easement Administration, Repair and Maintenance,Monitoring and Enforcement.
a. Repair and Maintenance. Pitkin County, through its Open Space and Trails
Department ("OST'), shall repair and maintain the Easement Area as well as the Public
Trail Easement to the same extent as required under the 2005 Public Trail Easement. The
standards for repair and maintenance shall be suitable for a non-motorized and non-
mechanized public trail for hikers, equestrians and nordic skiers. The parties recognize
that the Public Trail and the Emma Farms Easement traverse a natural and, in places,
steep gully and that "Acts of God" may cause wash outs and erosion which render the
Easement Area and the Public Trail Easement impassible for indefinite periods. For this
reason, Pitkin County in its sole discretion may use such time and equipment as may be
necessary to repair and maintain the Easements.
b. Gates, Fences and Related Improvements. In order to administer as well as
repair and maintain the Public Trail Easement and the Easement Area, all Parties agree
that gates, fences and related improvements may be installed, erected, controlled and
maintained by Pitkin County in its sole discretion, so as to exercise its authority
hereunder and to manage those easements in order to insure compliance with the
seasonal, frequency and type of use restrictions set forth therein. Except when the
Easement Area is actually in use for the movement of cattle, the gate between the Parker
Property' and the Emma Farms Property shall be closed and locked with Pitkin County in
control of the keys to the lock and the operation of the gate in its sole discretion.
Parker acknowledges that Emma Farm's cattle will from time to time, on their own, come
down the trail from the Crown at any time during the grazing season and, if the gate into
Emma Farms Property is closed, may wander on to the Parker Property. Parker further
acknowledges that if the gate is closed and locked when cattle come down from the
Crown, and if there are delays in unlocking the gate, such cattle may cause damage or
injury to the Parker Property. Parker shall cooperate with Pitkin County and Emma
Farms to remove such cattle from the Parker Property, but Pitkin County's obligation
hereunder shall be limited to unlocking the gate between the Parker Property and the
Emma Farms Property as expeditiously as reasonably possible. Parker expressly waives
3
RECEPTION# : 611811 , 07/15/2014 at 09: 41 :26 AM, 9 OF 13,
Janice K. Vos Caudill , Pitkin County, CO
Emma Farms, Parker, Pitkin County, AVLT
Easement and Management Agreement
Page 4 of 8
any and all claims for any damage to the Parker Property or any personal injury that may
occur as a result of cattle on the Parker Property. Emma Farms expressly waives any and
all claims for any damage to Emma Farm's cattle that may occur as a result of cattle
wandering on to the Parker Property, except for injuries to cattle, if any, caused by
intentional acts of the owners of the Parker Property.
Both Emma Farms and the Parker acknowledge that Pitkin County's management of
gates, fences and related improvements and for control of the keys to the lock on the gate
between the Parker Property and the Emma Farms Property includes, in Pitkin County's
sole discretion: (a) the possible need for additional fences, gates, cattle guards, cameras
and other devices; and (h) the possible designation of an agent in or near the Emma
Farms Property and the Parker Property with a key to the lock on the gate.
c. Easement Monitoring. Pitkin County, through OST or otherwise, shall have the
authority to monitor and enforce the use restrictions under both the Public Trail Easement
and this Easement Agreement. This shall include the authority to post suitable permanent
signage for the public and to enforce use restrictions, seasonable closures and other
regulations. To facilitate monitoring and administration, Emma Farms shall provide
notice either by email or other written communication to OST, at least forty-eight (48)
hours in advance, of the dates that Emma Farms expects to move cattle over the
Easement Area. This will facilitate OST administration, e.g., whether to post the trail as
closed for a cattle drive or not post it as closed because the use will in no way interfere
with public use and enjoyment of the trail. Emma Farms shall also furnish, by email or
other written notice to Pitkin County OST and Parker, the dates of each grazing season
when cattle from time to time come down from the Crown onto the Easement Area,
including the number of cattle and the dates and times required to unlock and open the
gate and move the cattle back to the Emma Farms Property or back up to the Crown.
d. Indemnification of Pitkin County Parker and either Emma Farms (if the cattle
utilizing the Easement Area are owned by Emma Farms) or its Authorized Contractor(if
the cattle utilizing the Easement Area are owned by the Authorized Contractor) shall
indemnify Pitkin County for any claims or injuries that arise as a result of Pitkin
County's exercise of authority contained in this Easement.
e. Insurance. Emma Farms or its Authorized Contractor shall procure and maintain
policies of general liability insurance with coverage of at least $1 million dollars per
occurrence and $2 million dollars aggregate. Pitkin County shall be a named insured and
certificates of insurance shall be provided to Pitkin County prior to use of the Easement
Area each spring.
4. Covenant Running with the Land. The provisions of this Easement Agreement shall run with
title to the Parker Property and the Emma Farms Property for the respective burden and benefit
of Parker and Emma Farms, and their respective successors and assigns and shall he deemed an
appurtenance to the title to such land.
4
RECEPTION# : 611811 , 07/15/2014 at 09: 41 :26 AM, 10 OF 13,
Janice K. Vos Caudill , Pitkin County, CO
Emma Farms, Parker, Pitkin County, A VLT
Easement and Management Agreement
Page 5 of 8
5. Disclaimer. Emma Farms, for itself and its members, agents and employees, disclaim any
right to utilize any portion of the Parker Property other than as provided herein.
6. Indemnification/Insurance. Either Emma Farms (if the cattle utilizing the Easement Area are
owned by Emma Farms) or its Authorized Contractor (if the cattle utilizing the Easement Area
are owned by the Authorized Contractor), and except as limited by this Easement and
Management Agreement, will indemnify Parker in the event of any injury to person or property
as a result of the use of the Easement Area by the authorized users described in Section 2.b.v.
Emma Farms or its Authorized Contractor, whoever is utilizing the Easement Area for the
movement of cattle, shall maintain liability insurance covering its agricultural operations on the
Easement Area which names Parker as an additional insured. If Emma Farms is not utilizing the
Easement Area for the movement of its cattle, Emma Farms shall have no indemnity obligation
and shall not be required to maintain liability insurance.
7. Modification. The terms of this Easement Agreement may only be modified by a document
executed by all Parties and recorded in the records of the Offices of the Clerk and Recorder for
Pitkin County and Eagle County.
8. Venue and Jurisdiction. The Parties consent to venue and jurisdiction in the District Court for
Pitkin County, Colorado for all matters concerning the interpretation and enforcement of this
Easement Agreement.
9. Attorneys' Fees and Costs. In the event of any action or suit between the parties hereto or
their successors and assigns to enforce any of the agreements, covenants or restrictions contained
herein, the prevailing party in any such action or suit, whether by final judgment or out of court
settlement, shall recover from the other party all costs and expenses of such action or suit
including reasonable attorneys' fees. If Emma Farms is not utilizing the Easement Area for the
movement of its cattle, Emma Farms shall have no obligation or liability to any party for court
costs or attorneys' fees in connection with any action or suit arising hereunder.
10. Notice. For purposes of providing notice as required herein or as may be desired by the
parties, notification by email to the following addresses shall be deemed accomplished when the
email is sent by one party and received by the other(s):
For Parkers: hdranch@earthlink.net
dparker(a,c rownmtn.com
randysue@me.com
For Emma Farms: tomwaldeck23(iigmail.com
rorv@sopris.net
For Pitkin County: Gary.Tennenbaum@;co.pitkin.co.us
John.Armstrong@co.pitkin.co.us
5
RECEPTION#: 611811 , 07/15/2014 at 09: 41 :26 AM, 11 OF 13,
Janice K. Vos Caudill , Pitkin County, CO
Emma Farms, Parker, Pitkin County, AVLT
Easement and Management Agreement
Page 6 of 8
In addition to email notification, the parties may from time to time provide telephone numbers to
assist in facilitating the movement or removal of cattle across or from the Parker Property. Any
party may change any email address for purposes of notification or provide a telephone number
or alternative address at which they wish to receive notices hereunder by written communication
to all of the parties hereto.
IN WITNESS WHEREOF, the parties have executed this Easement and Management
Agreement as of the date and year first written above.
EMMA FARMS, LLC,
a Colorado limited liability company
By:
Tom Waldeck, Manager
State of Colorado )
)ss.
County of )
The foregoing Easement and Management Agreement was acknowledged before me this
day of 20_by Tom Waldeck as Manager of EMMA FARMS, LLC,a
Colorado limited liability company.
Witness my hand and official seal
My commission expires on:
Notary Public
6
RECEPTION#: 611811, 07/15/2014 at 09:41 :26 AM, 12 OF 13,
Janice K. Vos Caudill, Pitkin County, CO
Emma Farms, Parker, Pitkin County, AVLT
Easement and Management Agreement
Page 7 of 8
PARKER JUNIPER, LLLP,
By:
, its
State of Colorado )
)ss.
County of )
The foregoing Easement and Management Agreement was acknowledged before me this
day of 20_by as of PARKER
JUNIPER, LLLP.
Witness my hand and official seal
My commission expires on:
Notary Public
PARKER BINDWEED, LLLP
By:
, its
State of Colorado )
)ss.
County of )
The foregoing Easement and Management Agreement was acknowledged before me this
day of 20_by as of PARKER
BINDWEED, LLLP.
Witness my hand and official seal
My commission expires on:
Notary Public
7
RECEPTION#: 611811, 07/15/2014 at 09:41:26 AM, 13 OF 13,
Janice K. Vos Caudill, Pitkin County, CO
Emma Farms, Parker, Pitkin County, A VLT
Easement and Management Agreement
Page 8of8
BOARD COUNTY COMMISSIONERS OF
PITKIN COUNTY,Colorado,a political
subdivision of the State of Colorado
By:
, its
ATTEST:
,County Clerk
State of Colorado )
)ss.
County of Pitkin )
The foregoing Easement and Management Agreement was acknowledged before me this
day of 20by
Witness my hand and official seal
My commission expires on:
Notary Public
8