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Home My WebLink Aboutbocc.ord.033.2014Mrs_vr 1 MVS: 014ibl, lullu/Zu14 al 01:16:15 PM, 1 OF 7. R $0.00 Doc Code ORDINANCE Janice K. Vos Caudill, Pitkin County, CO ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO ACCEPTING THE LE CHAMONIX ASSOCIATION, INC. TRAIL EASEMENT ORDINANCE NO. 0�3 -2014 RECITALS I. 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. The Open Space program has benefited from exactions of trail easements over the years. 3. Pursuant to Resolution 068-2014 which approved a Site Plan and other entitlements, Le Chamonix Association Inc., agreed to convey a trail easement within and along Maroon Creek. 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 Chair is authorized to execute the Trail Easement needed to consummate this transaction. INTRODUCED, FIRST READ, AND APPROVED ON THE 24th DAY OF September, 2014. NOTICE OF PUBLIC HEA JNG, , PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE DAY OF ('� 2014. APPROVED UPON SECOND READING AND PUBLIC HEARING ON THE _`� DAY O r 2014. PUBLISHED AFTER ADOPTION E WEEKEND EDITION OF THE ASPEN TIMES ON THE /6-tL DAY OF , 2014. 3 APPROVED AS TO FORM: Open Space and Trails Program BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO Robert A. Ittuer Jr. Chair Date: Jon Peacock County Manager TRAIL EASEMENT /,�, THIS BLIC TRAIL EASEMENT (the "Trail Easement"), made and entered into this `� day of hJ✓ , 2014, by and between Le Chamonix Association Inc. ("Grantor"), the Board of County Commissioners of Pitkin County, Colorado ("Grantee"), RECITALS Grantor is the record owner of certain real property located in Pitkin County that lies in Section 14, Township 10 South, Range 85 West of the 6`h P.M. in Pitkin County, Colorado, as legally described in Exhibit A and depicted in Exhibit B (the 'Property"), and 2. Grantee desires to grant the trail easement consistent with Board of County Commissioner's Resolution 068-2014, and 3. Grantee desires by this instrument (a) to accept said Trail Easement subject to the restrictions set forth herein, and (b) to assume certain responsibilities in connection therewith. AGREEMENT NOW, THEREFORE, for and in consideration of the mutual covenants and agreements set forth herein, and for other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, Grantor and Grantee agree as follows: 1. Grant of Trail Easement. Grantor hereby grants, transfers and conveys unto Grantee and its successors and assigns, for the use and benefit of the general public a non-exclusive perpetual public trail easement located from the Property boundary within Maroon Creek to five (5) feet above high water mark as defined in the Pitkin County Land Use Code and, as depicted on Exhibit B (the "Easement"). 2. Grantee hereby accepts the Trail Easement in an "as is" condition, subject to the restrictions herein contained. Such acceptance does not preclude improvement or maintenance activities within the Trail Easement insofar as such activities may be allowed or required by this Agreement. 3. Trail Easement Use Restrictions. a. Public use of the Trail Easement shall be exclusively for non -motorized recreation hiking, horseback riding, bicycling and nordic skiing. Dogs on the trail must be leashed at all times. b. The Trail -Easement is governed by the rules and regulations and other provisions of Title XII of the Pitkin County Code, as said Title XII may be amended or recodified from time to time, provided always that the provisions of this Agreement shall control wherever they are more restrictive than the provisions of said Title XII. C. No motorized vehicles shall be permitted to use the Trail Easement, except as needed for maintenance of the trail or emergency response. d. Grantor reserves the right to use and enjoy the Trail Easement and the land beneath and the airspace above for all purposes and uses which do not unreasonably interfere with the use and enjoyment by Grantee or members of the public of the rights herein granted. Without limitation to the foregoing, Grantor shall have the right to grant any easements to utility companies over or under the Trail Easement. The Trail Easement is granted subject to all existing easements, restrictions and covenants of record. 4. Trail Easement Care and Maintenance. Grantee hereby assumes complete responsibility for and agrees to care for, groom and maintain the Trail Easement in a clean and attractive condition and in a good and safe order and repair, at its sole cost and expense, unless the need therefore is caused by Grantor, or its successors or assigns in interest in the ownership of the underlying Property, in which case Grantor, or its successors or assigns in interest, shall perform the maintenance or care so required; provided, however that Grantor is not responsible for said damage if caused by horses or third parties. Grantee's maintenance responsibilities shall include, but not be limited to, trash and debris removal, keeping the trail clear of rocks, vegetation and other obstructions, grooming as needed, controlling erosion and water runoff, and general care and maintenance. 5. Grantor's immunity. The parties expressly acknowledge that the Trail Easement is granted for a "recreational purpose" under C.R.S. Section 33-41-101, et sem., and that Grantor is entitled to pursue the benefits, protections and limitations on liability afforded by Colorado law governing recreational Easements, including without limitation said Section 33-41-101, et seq. By granting the Trail Easement, Grantor shall have no obligation to repair, clear or otherwise maintain the area within the Trail Easement, or to insure or indemnify Grantee or the public for any injury, claim or damage to any person or property, whether alleged to have occurred as a result of use of the Trail Easement for public non -motorized travel or otherwise, or due to the condition of the Public Trail area. 6. Attornevs' Fees. In the event the interpretation or enforcement of this Trail Easement should ever become the subject of litigation between Grantor (or its successors and assigns in the record ownership of the underlying real property traversed by the Trail Easement, or any part thereof) ,and Grantee, the prevailing party shall be entitled to an award of its reasonable costs and attorneys' fees incurred in connection therewith. 7. Binding Effect. This Easement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors and assigns forever including all future record owners of the underlying real property traversed by the Trail Easement, or any part thereof. The benefits and burdens hereof shall also run with the title to the underlying real , property and all parts thereof traversed by the Trail Easement. This Easement may only be amended by a writing signed by Grantee and by the then -record owners of the underlying real property traversed by the Trail Easement. - 2 - IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the day and year first above written. GRANTOR: Le C amonix Associatio Inc. By Melvin B. Eagle, President STATE OF COLORADO ) ss.' COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this 1 6 r l day of Ie�kmlxZ 2014, by Melvin B. Eagle as President of Le Chamonix Association, Inc. Witness my hand and official seal. My commission expires: / 1 /J � 7 SARAH E. CHATHAM Notar lic NOTARY PUBLIC STATE OF COLORADO NOTARY ID #20134043279' My Commission Expires Juy 16.2017 Pitkin County, Colorado Robert A. Ittner Jr., Chair k, Pitkin County 3 - EXHIBIT A LE CHAMONIX CONDOMINIUMS COUNTY OF PITKIN, STATE OF COLORADO PROPERTY DESCRIPTION A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF THE NORTHWEST, QUARTER OF SECTION 14, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6TH P.M., IN PITKIN COUNTY, COLORADO; SAID TRACT IS MORE FULLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHWESTERLY RIGHT OF WAY LINE OF THE MAROON CREEK ROAD WHENCE THE RELOCATED WITNESS CORNER TO THE WEST 1/4 CORNER OF SAID SECTION 14 (SAID RELOCATED WITNESS CORNER BEARS SOUTH 86.33 FEET FROM THE ORIGINAL LOCATION) BEARS S57'06'W 20.00 FEET AND S44'38'30"W 378.87 FEET; THENCE N57'06'E 460.00 FEET ALONG SAID RIGHT OF WAY; THENCE N33'06'W 76.67 FEET; THENCE S56'54'W 44.47 FEET; THENCE N63'30'W 223 FEET, MORE OR LESS, TO THE CENTER LINE OF MAROON CREEK; THENCE SOUTHWESTERLY ALONG THE CENTER LINE OF MAROON CREEK 270.00 FEET, MORE OR LESS; THENCE S18'30'E 205 FEET, MORE OR LESS, TO THE POINT OF BEGINNING, CONTAINING 2 ACRES MORE OR LESS. HIGH COUNTRY ENGINEERING, INC. PLECHRKIN COUNTY C ON T ORaw RPK 5C4LE 1" -OUNT/ 2 151]BLAKE AVENUE, STE101, CNECNEOBY: ROJECT O: OLENWOODSPRING5, CO 81601 EXHIBITA RPK 2071; PHONE(970)94 676 FAX (970) 045,2555 LECHAMONIX OATE' PAGE: WWW.HCENG.COM CONDOMINIUMS 9.1&14 IOFI J./SoS OJ/207/1780/1780PUD PLAN 2013 oil a r m 9 bd 9 v[nMIGMCOUNi EN` INEFAING, INC, IKIUMONIX CONOOMMVMB uy.�y�,Jy�yv E RANNBD YNR OEVFLMMCNI www.NCLro.coNY'w �R=lla9 v"iWia RECEPTION#: 614362,10/10/2014 at 01:16:16 PM, 1 of 5, R $0.00 Doc Code EASEMENT Janice K. Vos Caudill, Pitkin County, CO 'TRAIL EASEMENT THIS BLIC TRAIL EASEMENT (the "Trail Easement"), made and entered into this 73f day of bZK , 2014, by and between Le Chamonix Association Inc. ("Grantor"), the Board of County Commissioners of Pitkin County, Colorado ("Grantee"), RECITALS 1. Grantor is the record owner of certain real property located in Pitkin County that lies in Section 14, Township 10 South, Range 85 West of the 6ih P.M. in Pitkin County, Colorado, as legally described in Exhibit A and depicted in Exhibit B (the "Property"), and 2. Grantee desires to grant the trail easement consistent with Board of County Commissioner's Resolution 068-2014, and 3. Grantee desires by this instrument (a) to accept said Trail Easement subject to the restrictions set forth herein, and (b) to assume certain responsibilities in connection therewith. AGREEMENT NOW, THEREFORE, for and in consideration of the mutual covenants and agreements set forth herein, and for other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, Grantor and Grantee agree as follows: 1. Grant of Trail Easement. Grantor hereby grants, transfers and conveys unto Grantee and its successors and assigns, for the use and benefit of the general public a non-exclusive perpetual public trail easement located from the Property boundary within Maroon Creek to five (5) feet above high water mark as defined in the Pitkin County Land Use Code and, as depicted on Exhibit B (the "Easement"). 2. Grantee hereby accepts the Trail Easement in an "as is" condition, subject to the restrictions herein contained. Such acceptance does not preclude improvement or maintenance activities within the Trail Easement insofar as such activities may be allowed or required by this Agreement. 3. Trail Easement Use Restrictions. a. Public use of the Trail Easement shall be exclusively for non -motorized recreation hiking, horseback riding, bicycling and nordic skiing. Dogs on the trail must be leashed at all times. b. The Trail Easement is governed by the rules and regulations and other provisions of Title XII of the Pitkin County Code, as said Title XII may be amended or recodified from time to time, provided always that the provisions of this Agreement shall control wherever they are more restrictive than the provisions of said Title XII. C. No motorized vehicles shall be permitted to use the Trail Easement, except as needed for maintenance of the trail or emergency response. d. Grantor reserves the right to use and enjoy the Trail Easement and the land beneath and the airspace above for all purposes and uses which do not unreasonably interfere with the use and enjoyment by Grantee or members of the public of the rights herein granted. Without limitation to the foregoing, Grantor shall have the right to grant any easements to utility companies over or under the Trail Easement. The Trail Easement is granted subject to all . existing easements, restrictions and covenants of record. 4. Trail Easement Care and i\Aaintenance. Grantee hereby assumes complete responsibility for and agrees to care for, groom and maintain the Trail Easement in a clean and attractive condition and in a good and safe order and repair, at its sole cost and expense, unless the need therefore is caused by Grantor, or its successors or assigns in interest in the ownership of the underlying Property, in which case Grantor, or its successors or assigns in interest, shall perform the maintenance or care so required; provided, however that Grantor is not responsible for said damage if caused by horses m third parties. Grantee's maintenance responsibilities shall include, but not be limited to, trash and debris removal, keeping the trail clear of rocks, vegetation and other obstructions, grooming as needed, controlling erosion and water runoff, and general care and maintenance. 5. Grantor's immunity. The parties expressly acknowledge that the Trail Easement is granted for a "recreational pmpo c" under C.R.S. Section 33-41-101, et seg., and that Grantor is entitled to pursue the benefits; p otections and limitations on liability afforded by Colorado law governing recreational Easements, including without limitation said Section 33-41-101, et seg. By granting the Trail Easer,ent, Grantor shall have no obligation to repair, clear or otherwise maintain the area within the Trail Easement, or to insure or indemnify Grantee or the public for any injury, claim or damage to any person or property, whether alleged to have occurred as a result of use of the Trail Easement for public non -motorized travel or otherwise, or due to the condition of the Public Trail ❑rca. 6. Attorneys' Fees. In the went the interpretation or enforcement of this Trail Easement should ever become the subject of litigation between Grantor (or its successors and assigns in the record ownership of the underlying real property traversed by the Trail Easement, or any part thereof) and Grantee, the prevailing party shall be entitled to an award of its reasonable costs and attorneys' fees incurred to connection therewith. 7. Binding Effect. This E�t'senneni shall be binding upon and inure to the benefit of the parties hereto and tl-ir respective heirs, personal representatives, successors and assigns forever includi;ig all future record owners of the underlying real property traversed by the Trail Easement, or any part thereof. The benefits and burdens hereof shall also run with the title to the underlying real property and all parts thereof traversed by the Trail Eric-7-ci t. This Easement may only be amended by a writing signed by Grantee and by the then -record owners of the underlying real property traversed by the Trail E; cmci:;. -1)- IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the day and year first above wriueai. GRANTOR: Le Cf amonix Associatio Inc. (/ By: — Melvin B. Eagle, President D STATE OF COLORADO ) ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this ISS�k day of �e�krnFs�R 2014, by Melvin B. Eagle as President of Le Chamonix Association, Inc. Witness my hand and official seal. My commission expi ,: s SARAH E. CHATHAM NOTARY PUBLIC STATE OF COLORADO NOTARY ID #201346.13279 My Commisslon Expiree .r.'y 16, 2017 GRA Notar lic Pitkin County, �Colorado �/- Robert A. Ittner Jr., Ch AT fE T: Jeanette Jones, Deput,.;,� Cicrk, Pitkin County 1 !i J - 3 - EXHIBIT A LE CHAMONIX CONDOMINIUMS COUP TNI OIC PITKIN, STATE OF COLORADO PROPERTY DESCRIPTION A TRACT OF LAND LOCAT=D IN THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 14, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6TH P.M., IN PITKIN COUNTY, COLORADO; SAID TT2ACT IS MORE FULLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT TA Tri: NORTHWESTERLY RIGHT OF WAY LINE OF THE MAROON CREEK ROAD WHENCE THE 1DF11c"",1'-" MINESS CORNER TO THE WEST 1/4 CORNER OF SAID SECTION 14 (SAID RELOCATED ._ . CORNER BEARS SOUTH 86.33 FEET FROM THE ORIGINAL LOCATION) BEARS S57'06'W 20.00 "ELT AND 544'38'30"W 378.87 FEET; THENCE N57 -06'E 460.00 FEET ALONG SAID RIGHT OF HENCE N33 -06'W 76.67 FEET; THENCE S56'54'W 44.47 FEET; THENCE N63'30'W 225 _::T. ,ORE OR.LESS, TO THE CENTER LINE OF MAROON CREEK; THENCE SOUTHWESTERLY ALO;,J :;;= CENTER LINE.OF MAROON CREEK 270.00 FEET, MORE OR.LESS; THENCE S18'3O'E 205 Fc!:T, MORE OR LESS, TO THE POINT OF BEGINNING: CONTAINING 2 ACRES MORE OR LESS. LECHAMONI% DRAWN BY: SCN.E: HIGH COUNTRY ENGIN—ERING,INC. PITKIN COUNTY RPK 1" = 2000' CHECKEDBY: ROJECT o: I 517 BLAKE AVENUE, 5'. E 101, EXHIBITA RPK 2071780 GLEN WOOD SPR INGS, CO 111601 PHONE (970)945,11676 FAX 15'i 0! 9.15'L5::5 LE CHAMONIX DATE: PACE WWW.HCENG.001.1 CONOOMINIUMS B Ifr14 10F 1 Flu: J:/sDvw1mu207/1780/I780PUDPWJ2013 rywrya n it !�I IN 2l 511 e� a°Cel, i l: "Z \ - C w I \ 'tl Ir \ sG !E \ !c \ 9G \ 1 � \ 1 1 0 [d£ `"o \ \v iU 74 o�ga AGA g a°Cel, i l: "Z \ - C w \ 'tl `"o \ \v iU 74 o�ga AGA g a°Cel, i \ - C w \ 'tl \ sG !E \ !c \ 9G \ \ urtn caw.00 ItCII COUNTRY ENGINEERING, INC. y 8 •� L[OUM01m1 CONOOMQiUM! ...e ....w M � � �... w...�evene q MHMm YN1t �CV6DrMltlT COq.CO�Y"m � ��'441}S'A-'i'L