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HomeMy WebLinkAboutbocc.con.270.2015 RECEPTION#: 623264, 09/15/2015 at NTRACT#� 03:14:01 PM, O msec' 1 OF 10, 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 WINDSTAR PUBLIC ACCESS EASEMENT ORDINANCE NO. 09C -2015 RECITALS 1. 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 donations access easements over the years. 3. The County has previously acquired the Windstar Conservation Easement which is accessed across the Zabriskie property. 4. On August 6,2015 Adelaide Zabriskie executed an access easement directly to Pitkin County providing public access to the Windstar property. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Pitkin County, Colorado that: The Board accepts the conveyance of the access easement executed on August 6, 2015 by Adelaide Zabriskie attached hereto. The Chair is authorized to execute an acceptance of this deed. INTRODUCED,FIRST READ,AND SET FOR PUBLIC HEARING ON THE 26TH DAY OF AUGUST 2015. NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE ORDINANCE PUBLISHED IN THE ASPEN TIMES WEEKLY ON ,2015. NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE ORDINANCE POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE POSTED ON THE OFFII IAL PITHIN OUNTY WEBSITE (www.pitkincounty.com) ON THE p-7 DAY OF s t 2015. ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE 9TH DAY OF SEPTEMBER 2015. 2 PUBLISHED BY TITLE AND SHORT,���SUrrMMARY,A + ER,ADOPTION,IN THE ASPEN TIMES WEEKLY ON THE /`V1DAY OF t.e.of, y 2015. POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE POSTED ON THE OFFICI IT N COUNTY WEBSITE (www.pitkincounty.com ) ON THE 0DAY OF�e� ✓ 2015. ATTEST: BOARD OF COUNTY COMMISSIONERS By: //-1/_%..' /1.., By: Src.e,‘ _ e / Jeane i1 Jones / Steven F. Child, Chair Depu i, County Cler i r Date: c/(U/2b (s— APPROVED AS TO FORM: MANAGER APPROVAL J k ,n •, Cou w - o •: on Peacock, County Manager 4110 It._ . k Dale Till, Director Open Space and Trails 3 CONTRACT#.17a G�5 PUBLIC ACCESS EASEMENT THIS PUBLIC ACCESS EASEMENT(the"Public Access Easement")is made and entered into this 6th day of August, 2015,by and between Adelaide W. Zabriskie, as Trustee of the JOHN L. ZABRISKIE REVOCABLE TRUST and the ADELAIDE W. ZABRISKIE REVOCABLE TRUST each dated September 13, 1988 (collectively "Grantor"),and the BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, a body corporate and politic ("Grantee"). RECITALS: 1. Grantor is the record owner of certain real property located in Pitkin County which lies between Snowmass Creek Road and the Windstar Property. 2. The Windstar Property is subject to a Conservation Easement providing for public trail use and recreational access recorded on December 30, 1996 in the real property records of Pitkin County at Reception Number 400406. 3. Grantor desires by this instrument to establish and to grant to Grantee a perpetual non-exclusive Public Access Easement so as to connect Snowmass Creek Road to the Windstar Property described by reference to the recorded document which is identical in Recital 2. 4. Grantor has agreed to convey a public access easement"Public Access Easement" for access to the Windstar Property in the location described in Exhibit A attached hereto and depicted on the attached improvement survey attached as Exhibit B, both of which are attached hereto and made a part hereof. 5. Grantee desires by this instrument(a)to accept said Public Access 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 consideration,the receipt and sufficiency of which are hereby acknowledged, Grantor and Grantee agree as follows: 1. Grant of Public Access Easement in Gross. Grantor hereby grants, transfers and conveys unto Grantee and its successors and assigns, for the use and benefit of the general public in the exercise of the public's recreational right on the Windstar Property as established in the Conservation Easement referenced 1 Public Access Easement Page 2 of 5 in Recital 2 above and the administrations thereof by the Grantee a non-exclusive perpetual, non-exclusive Public Access Easement in Gross which is described on Exhibit A and depicted on Exhibit B. 2. Grantee hereby accepts the condition of this Public Access Easement in an "as is" condition, subject to the restrictions herein contained, and subject to all patent or latent defects or problems of any kind or nature. 3. Public Access Use Restrictions. (a) Public use of the Access Easement shall be exclusively for vehicles, hiking, horseback riding, and nordic skiing to access the Windstar Property. The public shall observe a maximum speed of 15 miles per hour with adequate signage therefor provided by the Grantee, and Grantee shall make good faith efforts to enforce said speed limit. No pavement may be added within the easement area. If and at such time as public parking shall no longer be provided for on the Windstar Property in the area immediately south of the south terminus of the Access Easement, the right of access by vehicles shall terminate and no longer be permitted. (b) This Public Access Easement is hereby declared to be part of the Pitkin County Trail System, and the use of the Easement shall also be 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 re-codified from time to time, and such other statutes, rules or regulations that may be applicable from time to time; provided always that the provisions of this Public Access Easement shall control wherever they are more restrictive than the provisions of applicable county code, statutes, rules or regulations. (c) Public Access Easement Care and Maintenance. Grantee hereby assumes complete responsibility for maintenance of the Public Access within the Easement area and agrees to care for, groom and maintain the Easement area in a clean and attractive condition free from weeds and noxious plants; and, in a good and safe order and repair, at its sole cost and expense. 4. Enforcement. Grantee agrees to monitor and enforce diligently all covenants and use restrictions set forth herein and all other applicable rules and regulations as may be contained in Title XII of the Pitkin County Code or other statutes, rules or regulations that may be applicable from time to time. Grantee acknowledges Grantor's expectation that public access granted herein is limited as described herein. Should any member of the public leave the Access and cross onto Grantor's other property without invitation by Grantor, Grantee agrees to diligently enforce said intrusion as a violation of the applicable codes, statutes, rules and regulations. 2 Public Access Easement Page 3 of 5 5. Grantor's Immunity. The parties expressly acknowledge that this Public Access Easement is granted for a "recreational purpose" under C.R.S. Section 33-41-101, et seq., and that Grantor is entitled to 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 this Public Access Easement, Grantor shall have no obligation to repair, clear or otherwise maintain the access, 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 access for public non- motorized travel or any other use, or due to the condition of the access. 6. Attorneys' Fees. In the event the interpretation or enforcement of this Public Access Easement should ever become the subject of litigation between Grantor (or her heirs, personal representatives, grantees, successors and assigns in the record ownership of the property underlying the Public Access Easement, or any part thereof) and Grantee, the substantially prevailing party shall be entitled to an award of her or its reasonable costs and attorneys' fees incurred in connection therewith. 7. Binding Effect. This Public Access Easement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, personal representatives, grantees, successors and assigns forever including all future record owners of the property underlying this Public Access Easement, or any part thereof. The benefits and burdens hereof shall also run with the title to the real property underlying the Public Access Easement and all parts thereof. This Public Access Easement may only be amended by a writing signed by Grantee and by the then-record owners of the real property underlying the Access Easement. 8. Access Easement not Cumulative. This Access Easement is not cumulative. To the extent that it grants rights to the Grantee and for the public, this Access Easement supersedes and replaces in full any access rights granted on and over the easement area by any prior recorded document or which could be claimed by prescription. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the day and year first above written. GRANTOR: THE JOHN L ZABRISKIE, JR. REVOCABLE TRUST dated 9/3/1988 and the ADELAIDE W. ZABRISKIE REVOCABLE TRUST dated 9/3/1988 By: 1, . Adelaide W. Zabriskie, Trustee 3 Public Access Easement Page 4 of 5 STATE OF COLORADO ) ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this day of August, 2015, by Adelaide W. Zabriskie, as Trustee of the John L. Zabriskie, Jr. Revocable Trust and the Adelaide W. Zabriskie Revocable Trust, both dated 9/8/1988 Witness my hand and official seal. My commission expires:5.15•i 7 4 No ary Public NOTARY PUBLIC STATE OF COLORADO NOTARY ID#20054018338 ACCEPTANCE BY GRANTEE. My Commission Expires Maw,2017 The forgoing grant of Public Access Easement is accepted by its terms by the Board of County Commissioners of Pitkin County, Colorado by its Ordinance Number -gd/S . Board of County Commissioners of Pitkin County, Colorado By: Slmito T ea Steve Child, Chair • TT ST: I dL 41 ''. /[417 Je• r tte Jones De� ty Clerk and R; order Approved as to Form: Manager Approval: John Jon Peacock, CounManager A• • 4 Public Access Easement Page 5 of 5 Recommend for Approv. Da e L. Will,Director Open Space and Trails 5 Public Access Easement Page 6 of 5 EXHIBIT A A non-exclusive public access easement being located in Section 3,Township 9 South,Range 86 West of the 6th P.M.: Said easement is 15 feet each side of the following described centerline: Beginning at a point being the centerline intersection of the Snowmass Creek Road and an existing road whence the South 1/4 Corner of Section 34,Township 8 South,Range 86 West bears N 74°46'50"W 2832.87 feet;thence S6°49'39"W 604.14 feet;thence 46.40 feet around a curve to the right having a radius of 408.67 feet(the chord of which bears S 10°04'48"W 46.37 feet)to the end of the said easement. Pitkin County State of Colorado 6 Public Access Easement Page 7 of 5 EXHIBIT B 7 V�4 n,•W Exhibit B To Public Access LEGEND & NOTES `"• Easementv''1, Poole s I es CP.Ate 11 IL_......,_ _..._...,• SECTION 34 I SECTION 35 �- � • INSETS I �� 7 Biu.e.nl,u. - Y . 70 ./ SECTION / 3 1 `SECTION 2 r••i «. `' '3:Ja("fY1 7 t 1� • "� I \ 1.:1`a"� r k 's i .."ts+Gi TI:,. •, \'` 1 ' \ za rr -r u aI r!rrst rn,•Imr»�r:Ars.: / N. I s • �. �` mak. �� -.� • t \` N\ _.11$x, 1. ���IRT y IMp AOV EMENT_M1t710.VEY and Public Access �C+"+ r• p Se. � Easement ., l •\ • N. r. J LINE TABLES t�, «7,.,II...�Y.7 y. • T. �'- .."--...• .�` RECORD. P I :^. .I.... _Y"�l� •+~::•.,. X,, ••'1.I. FIELD i \ j •'A IC« ?:,�'.>;,.f�'Il� O ._ r w•r •r � [Z•I7� I \ �7pgf,�,}.. .1I Il:J. f' i :.r•,.. ,.rr _. � J :iii'.. . N'�Jr ' ' 7.1. i , ••s•'JO Mr.A' .M j x'P IOC • •....ii RECEPTION#: 623265, 09/15/2015 at 03:14:02 PM, 1 OF 8, R $0.00 Doc Code EASEMENT Janice K. Vos Caudill, Pitkin County, CO PUBLIC ACCESS EASEMENT THIS PUBLIC ACCESS EASEMENT(the"Public Access Easement")is made and entered into this 6th day of August, 2015, by and between Adelaide W. Zabriskie, as Trustee of the JOHN L. ZABRISKIE REVOCABLE TRUST and the ADELAIDE W. ZABRISKIE REVOCABLE TRUST each dated September 13, 1988 (collectively "Grantor"), and the BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, a body corporate and politic ("Grantee"). RECITALS: 1. Grantor is the record owner of certain real property located in Pitkin County which lies between Snowmass Creek Road and the Windstar Property. 2. The Windstar Property is subject to a Conservation Easement providing for public trail use and recreational access recorded on December 30, 1996 in the real property records of Pitkin County at Reception Number 400406. 3. Grantor desires by this instrument to establish and to grant to Grantee a perpetual non-exclusive Public Access Easement so as to connect Snowmass Creek Road to the Windstar Property described by reference to the recorded document which is identical in Recital 2. 4. Grantor has agreed to convey a public access easement"Public Access Easement" for access to the Windstar Property in the location described in Exhibit A attached hereto and depicted on the attached improvement survey attached as Exhibit B, both of which are attached hereto and made a part hereof. 5. Grantee desires by this instrument(a) to accept said Public Access 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 consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor and Grantee agree as follows: 1. Grant of Public Access Easement in Gross. Grantor hereby grants, transfers and conveys unto Grantee and its successors and assigns, for the use and benefit of the general public in the exercise of the public's recreational right on the Windstar Property as established in the Conservation Easement referenced 1 Public Access Easement Page 2 of 5 in Recital 2 above and the administrations thereof by the Grantee a non-exclusive perpetual, non-exclusive Public Access Easement in Gross which is described on Exhibit A and depicted on Exhibit B. 2. Grantee hereby accepts the condition of this Public Access Easement in an "as is" condition, subject to the restrictions herein contained, and subject to all patent or latent defects or problems of any kind or nature. 3. Public Access Use Restrictions. (a) Public use of the Access Easement shall be exclusively for vehicles, hiking, horseback riding, and nordic skiing to access the Windstar Property. The public shall observe a maximum speed of 15 miles per hour with adequate signage therefor provided by the Grantee, and Grantee shall make good faith efforts to enforce said speed limit. No pavement may be added within the easement area. If and at such time as public parking shall no longer be provided for on the Windstar Property in the area immediately south of the south terminus of the Access Easement, the right of access by vehicles shall terminate and no longer be permitted. (b) This Public Access Easement is hereby declared to be part of the Pitkin County Trail System, and the use of the Easement shall also be 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 re-codified from time to time, and such other statutes, rules or regulations that may be applicable from time to time; provided always that the provisions of this Public Access Easement shall control wherever they are more restrictive than the provisions of applicable county code, statutes, rules or regulations. (c) Public Access Easement Care and Maintenance. Grantee hereby assumes complete responsibility for maintenance of the Public Access within the Easement area and agrees to care for, groom and maintain the Easement area in a clean and attractive condition free from weeds and noxious plants; and, in a good and safe order and repair, at its sole cost and expense. 4. Enforcement. Grantee agrees to monitor and enforce diligently all covenants and use restrictions set forth herein and all other applicable rules and regulations as may be contained in Title XII of the Pitkin County Code or other statutes, rules or regulations that may be applicable from time to time. Grantee acknowledges Grantor's expectation that public access granted herein is limited as described herein. Should any member of the public leave the Access and cross onto Grantor's other property without invitation by Grantor, Grantee agrees to diligently enforce said intrusion as a violation of the applicable codes, statutes, rules and regulations. 2 Public Access Easement Page 3 of 5 5. Grantor's Immunity. The parties expressly acknowledge that this Public Access Easement is granted for a "recreational purpose" under C.R.S. Section 33-41-101, et seq., and that Grantor is entitled to 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 this Public Access Easement, Grantor shall have no obligation to repair, clear or otherwise maintain the access, 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 access for public non- motorized travel or any other use, or due to the condition of the access. 6. Attorneys' Fees. In the event the interpretation or enforcement of this Public Access Easement should ever become the subject of litigation between Grantor (or her heirs, personal representatives, grantees, successors and assigns in the record ownership of the property underlying the Public Access Easement, or any part thereof) and Grantee, the substantially prevailing party shall be entitled to an award of her or its reasonable costs and attorneys' fees incurred in connection therewith. 7. Binding Effect. This Public Access Easement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, personal representatives, grantees, successors and assigns forever including all future record owners of the property underlying this Public Access Easement, or any part thereof. The benefits and burdens hereof shall also run with the title to the real property underlying the Public Access Easement and all parts thereof. This Public Access Easement may only be amended by a writing signed by Grantee and by the then-record owners of the real property underlying the Access Easement. 8. Access Easement not Cumulative. This Access Easement is not cumulative. To the extent that it grants rights to the Grantee and for the public, this Access Easement supersedes and replaces in full any access rights granted on and over the easement area by any prior recorded document or which could be claimed by prescription. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the day and year first above written. GRANTOR: THE JOHN L ZABRISKIE, JR. REVOCABLE TRUST dated 9/3/1988 and the ADELAIDE W. ZABRISKIE REVOCABLE TRUST dated 9/3/1988 By: (4 • /4/. 44:34..... 14 Adelaide W. Zabriskie, Trustee 3 Public Access Easement Page 4 of 5 STATE OF COLORADO ) ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this (0*1 day of August, 2015, by Adelaide W. Zabriskie, as Trustee of the John L. Zabriskie,Jr. Revocable Trust and the Adelaide W. Zabriskie Revocable Trust, both dated 9/8/1988 Witness my hand and official seal. My commission expires:5.16".11 f,J►�-�� No ary Public NOTARY PUBLIC STATE OF COLORADO NOTARY ID#20054018338 ACCEPTANCE BY GRANTEE. My Commission Expires May 15,2017 The forgoing grant of Public Access Easement is accepted by its terms by the Board of County Commissioners of Pitkin County, Colorado by its Ordinance Number a� - 1/S . Board of County Commissioners of Pitkin County, Colorado By: S� Q g41 f Steve Child, Chair BATT ST: I J.JL ,/L /r 4)17 Jea�I.tte Jones / De� ty Clerk and R: order Approved as to Form: Manager Approval: John Jon Peacock, CouniwManager APS 4 Public Access Easement Page 5 of 5 Recommend for A,_prov Da e L. Will, Director Y Open Space and Trails S Public Access Easement Page 6 of 5 EXHIBIT A A non-exclusive public access easement being located in Section 3,Township 9 South,Range 86 West of the 6th P.M.: Said easement is 15 feet each side of the following described centerline: Beginning at a point being the centerline intersection of the Snowmass Creek Road and an existing road whence the South 1/4 Corner of Section 34,Township 8 South,Range 86 West bears N 74°46'50"W 2832.87 feet;thence S6°49'39"W 604.14 feet;thence 46.40 feet around a curve to the right having a radius of 408.67 feet(the chord of which bears S10°04'48"W 46.37 feet)to the end of the said easement. Pitkin County State of Colorado 6 Public Access Easement Page 7 of 5 EXHIBIT B 7 ,„ „. ....,. Exhibit B To Public Access LEGEND a NOTES Easement 4. ..�»a•./0s •...l I....e, 1 .�.. ...,,. , SECTION 34 1 SECTION 35 Y.0 •...•2.".L''._'.'!:_""1.•"__""_•.".__..._._. ...r.v.•....0 .10.1 0111 • INSETS 1' — — - 3""-�. .o,.I. 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