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HomeMy WebLinkAboutbocc.con.393.2016 CONTRACTS 3 moi' �A-I_-Fu c(��d ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO AUTHORIZING ACQUISITION OF A BRIDGE AND ACCESS EASEMENT FROM THE LAZY GLEN HOMEOWNERS ASSOCIATION. ORDINANCE NO. .45 -2016 I. The Voters of Pitkin County and the Pitkin County Commissioners established an Open Space and Trails Fund for the purposes of preserving and providing open space and trails resources,and established an Open Space and Trails Board of Trustees to guide the expenditure of those funds. 2. The Open Space and Trails Program is charged with protecting agriculture, open space,habitat, scenic view planes, water rights and river access. 3. The Lazy Glen Open Space Management Plan,adopted by the Pitkin County Open Space Board of Trustees on May 5, 2016, approves the potential development of a bridge and access across the Lazy Glen Homeowners Association property to allow for public access from the Lazy Glen Homeowners Association property, across the Roaring Fork river and access to the Rio Grande Trail and the Lazy Glen Open Space Property, owned by Pitkin County and legally described as attached in Exhibit A which possess scenic, natural, wildlife, recreation, and agricultural list resources. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Pitkin County, Colorado that: 1. The Board approves an expenditure of up to $10,000 for transaction costs for the bridge and access easement. 2. Upon approval of the form by the Open Space Acquisition Director and County Attorney, the Chair is authorized to execute the easement. 3. Upon approval of the form by the Open Space Acquisition Director and County Attorney, the Chair is authorized to execute other documents needed to consummate this transaction. RECEPTION#: 634210, 11/29/2016 at 12:57:56 PM. 1 OF 28. R $0.00 Doc Code ORDINANCE Janice K. Vos Caudill. Pitkin County, CO ATTEST: BOARD OF COUNTY COMMISSI BI 4E, _ 44 By: A � � Jeaf tte Jones Rachel . . Richards, Chair De uty County Cler Date: /7— (? 2°fC APPROVED AS TO FORM: MANAGER APPROVAL C N cc, John EI omey Jon Pkaock, County Manager 51-<- 4.5.e Dale Will, Acquisition Director Open Space and Trails ATTEST: BOARD OF COUNTY COMMISSIa . IP �- . yp Wilik B Ih By: 'V�li J tte Jones Rac�.Richards, Chair Dc iuty County Cler Date: //— /5- 70/6 APPROVED AS TO FORM: MANAGER APPROVAL J• 1,4„,,11001 Jon Pock,County Manager ..,....001.11. 1, A Dale M I,Acqui•ion I tractor Open Space and Trails 4. That adjustments be made to the year 2016 budget as follows: OPEN SPACE AND TRAILS FUND Previous Revised Budget This ChanzeProject Budget The Lazy Glen Homeowners Association Property Easement Acquisition Acquisition Cost $0 $0 Estimated Transaction Costs $10,000 $10,000 Total Expenditure $10,000 $10,000 4. The Board finds that adoption of this ordinance is necessary for the immediate preservation of the public health, safety and welfare of the citizens of Pitkin County and therefore declares this ordinance and legislation to be effective immediately upon adoption. 5. The Chair (or Chair's designee) shall be authorized to sign the Bridge and Access Easement and to execute such documents in substantially the form approved by the County Attorney as necessary to complete this transaction. INTRODUCED AND FIRST READ ON THE 24th DAY OF AUGUST, 2016 AND SET FOR SECOND READING AND PUBLIC HEARING ON THE 16TH DAY OF NOVEMBER 2016. NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE ORDINANCE PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE -"" DAY OF //w<.wG,: 2016. NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE ORDINANCE POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.pitkincountv.com ) ON THE .-� DAY OF 4ai.,c«Lr.r 2016. ADOPTED AFTER Fr NAL READING AND PUBLIC HEARING ON THE /4,01-DAY OF I(OV-titixr 2016. PUBLISHED BY TITLE AND SHORT SUMMARY, AJTER ADOPTION, IN THE ASPEN TIMES WEEKLY ON THE 9-1(4 DAY OF puevA r 2016. POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PIT IN COUNTY WEBSITE(www.pitkincounty.com) ON THE,''DAY OF 2016. SSSGM ww .sgm int.corn Vehicular Access Easement An easement situated In Parcel A,Lazy Glen Subdivision according to the Plat thereof recorded in Plat Book 60 at Page 26,also being situated in Section 21,Township 8 South,Range 136 West, of the 6'"P.M.,County of Pitkin,State of Colorado,said easement being more fully described as follows: Beginning at a point on the South Boundary of said Parcel A,also being a point on the North Right of Way of State Highway No.82 from whence the Southwest Corner of said Parcel A bears N48108'30"W a distance of 438.14 feet; Thence N 50'0926"E a distance of 9.48 feet; Thence 20.30 feet along a curve to the left, having a radius of 20.14 feet, a central angle of 057'4442',the chord of which bears N 21'16'54'1,a distance of 19.45 feet; Thence 44.88 feet along a curve to the left,having a radius of 151.50 feet, a central angle of 016'58'28",the chord of which bears N 16'04'41"W,a distance of 44.72 feet; Thence N 2191'38"W a distance of 62.12 feet; thence 104.77 feet along a curve to the left,having a radius of 408.15 feet, a central angle of 014'42'251,the chord of which bears N 29'02'50"W,a distance of 104.48 feet; Thence N 58'42'51"E a distance of 21.53 feet; Thence S 35'4405"E a distance of 20.65 feet; Thence S 33'21'44"E a distance of 28.92 feet; Thence S 25'3734"E a distance of 28.34 feet; Thence S 24'3022"E a distance of 29.86 feet; Thence S2227'07"E a distance of 33,02 feet; Thence S 2r46'48"E a distance of 29.81 feet; Thence 519'57'26"E a distance of 25.54 feet; Thence 5 09'1124"E a distance of 26.51 feet; Thence S 09'1731'W a distance of 14.71 feet; Thence S 32'13'45"W a distance of 13.31 feet; Thence S 48'2948"W a distance of 19.51 feet to a point on the North Right-of-Way of State Highway No.82,also being on the south boundary of said Parcel A; Thence along said right of way and boundary 17.85 feet along a non-tangent curve to the left, having a radius of 2342.00 feet, a central angle of 000'26'121, the chord of which bears N 41450'38"W a distance of 1785 feet to the Point of Beginning, said easement containing 0.127 acres(5,535 square feet),more or less. Oma;x• Legal Description Created B Joshua L Wilson = . 3.. ' Colorado PIS#38417 :Dna es11.15 W For,and on behalf of SGM 3. /ON;.,,"t �:' GLENWOOD SPRINGS 118 West Sixth S, Suite 200 I Glenwood Springs, CO 81601 1970.945.1004 . , i , \ F _ _ } r ' /.. Z § i tunti I. / | §§ . � { `� / \ / � |1 ( :_ ( is } \ ! / u .1 / • \ I . t� ` / i,./ ; � /�\ i § ~ . / ,lz - zz ; et /if.l \7 4 S | i ° � * $§ 1 . e' # / / 4" / : « R ~ �2 x oi ! 3 • ?I : t ! / ) !y j` r . m I I/ 1111(§§((| / : 741\///4Y s � | 3 \ /P / emn#HwE § \§ / ' g | y wsli QglA k z z : GR ƒ X 2)4 4 m® . \' % 8417\ . ») §§§ § < H & ! #SGN Subdivision » � - , G� Access __ 6SGM www.sgm•inc.com EASEMENT DESCRIPTION An easement situated in Parcel A,Lazy Glen Subdivision according to the Plat thereof recorded In Plat Book 60 at Page 26,also being situated in Section 21,Township 8 South,Range 86 West, of the 6'"P.M.,County of Pitkin,State of Colorado,said easement being more fully described as follows: Beginning at a point on the North Boundary of said Parcel A whence the Northeast corner of said Parcel A bears 5113'25'00"E a distance of 105.84 feet; Thence 557'59'03"W a distance of 74.13 feet to the North Right of Way of State Highway No. 82,also being a point on the South Boundary of said Parcel A; Thence along said right-of-way and boundary112.53 feet along a non-tangent curve to the left, having a radius of 2342.00 feet, a central angle of 002'45'11", the chord of which bears N 40'14'9"W a distance of 112.52 feet; Thence N 48'29'48"E a distance of 19.51 feet; Thence N 32'13'45"E a distance of 13.31 feet; Thence N 09'1731"E a distance of 14.71 feet; Thence N 09'11'24"W a distance of 26.51 feet; Thence N 19'5726"W a distance of 25.54 feet; Thence N 21'46'48"W a distance of 29.81 feet; Thence N 22'3707"W a distance of 33.02 feet; Thence N 24'3092"W a distance of 29.86 feet; Thence N 25'3714"W a distance of 28.34 feet; Thence N 33'2194"W a distance of 28.92 feet; Thence N 35'44'05"W a distance of 20.65 feet; Thence N 56'18'00"E a distance of 61.75 feet to a point on the north boundary of said Parcel A; Thence along said north boundary the following two(2)courses; S 26'14'00"E a distance of 295.48 feet; 518'25'00"E a distance of 59.54 feet to the Point of Beginning,said easement containing 0.571 acres(24886 square feet),more or less. • Legal Description Created By: tate • �'_ Joshua L.Wilson -� Colorado PIS it 38417 = a t 8417 s .05.11.1eJ For,and on behalf of SGM "E�'•., 0 W ���'��7pNdl LAN9S�Q` GLENWOOD SPRINGS 118 West Sixth SI, Suite 200 I Glenwood Springs,CO 81601 1 970 945,1004 l , } ; Ori ;t `ii hit • tie I I . ` J ; L 1 lig 5- :0 a aiits .... 0 8 i._ I / < // il • ii{ '�7 f: F 'Ar e 1 o q iii Qi r ,-•:;fel' SSf5igiEEGErrgr .gaaf $# 1,;. .• r, a 21.fl ,/f z� n S /" 5 6 HP ' 11 1 i o l :!n•' S5� . 3 ii 1 1. S e3 16 lei 14.4 L1n` L R 6SGM Lazy Glen Subdivision r^'* sx. 1 a...e�m robn county,Colorado Easement �% Rw� .,..m. �. .. a 1 6SGM www.sgm•inc.com PEDESTRIAN ACCESS EASEMENT An easement situated in the Private Roads&Utility Easement and Parcel A of Lazy Glen Subdivision according to the Plat thereof recorded in Plat Book 60 at Page 26,also being situated in Section 21,Township 8 South,Range 86 West,of the C P.M.,County of Pitkin,State of Colorado,said easement being more fully described as follows: Beginning at the Southeast corner of Lot 71,Lazy Glen Subdivision also being a point on the North Right of Way of State Highway No.82; Thence N 1T15'55"E a distance of 81.80 feet; Thence N 21'43'24"E a distance of 45.28 feet; Thence N 24'38'35"E a distance of 44.89 feet; Thence N 24'3059"E a distance of 44.24 feet; Thence N 621456"E a distance of 34.63 feet; Thence 5 46•34.5r E a distance of 57.14 feet; Thence S 47'47'55"E a distance of 58.45 feet; Thence S 47'34'3r E a distance of 40.86 feet; Thence 5 4T3417"E a distance of 3.00 feet; Thence 5 47'34'37"E a distance of 3.00 feet; Thence S 47'34'37"E a distance of 50.49 feet; Thence S 52'05'12"E a distance of 60.57 feet; Thence S 64'141)4"E a distance of 52.37 feet; Thence 5 66'2910"E a distance of 50.12 feet; Thence 5 64'30'22"E a distance of 27.21 feet; Thence 5 71'51'04"E a distance of 49.66 feet; Thence 5 79'16'49"E a distance of 23.67 feet; Thence 572'58'07'E a distance of 23.24 feet; Thence 570'02'06"E a distance of 43.10 feet; Thence 5 67'2518"E a distance of 32.47 feet; Thence 5 66'44'42"E a distance of 32.89 feet; Thence 5 64'4113"F a distance of 42.53 feet; Thence S 60'54'40"E a distance of 42.68 feet; Thence 5 59'19'23"E a distance of 42.25 feet; Thence 5 56'59'44"E a distance of 26.85 feet; Thence 5 5742'03"E a distance of 32.86 feet; Thence S 55'5673"E a distance of 38.72 feet; Thence 5 60'16'36"E a distance of 33.44 feet; Thence S 70114'48"E a distance of 84.06 feet; Thence S 63'1011"E a distance of 57.86 feet; Thence S36'11'08"E a distance of 117.62 feet; Thence 5 55'32'11"F a distance of 45.48 feet; Thence 5 35'23'55"E a distance of 16.56 feet; Thence 5 58'42'51"W a distance of 21.53 feet; Thence N 46'29'43"W a distance of 57.97 feet; Thence N 33'41'02'W a distance of 114.40 feet; Thence N 63'03'54"W a distance of 55.14 feet; Thence N 7010'41"W a distance of 24.09 feet; Thence S 42'22'07"W a distance of 16.17 feet; Thence N 64'1320'W a distance of 69.55 feet; Thence N 57'00'27"W a distance of 45,67 feet; Thence N 57'36'08"W a distance of 63.44 feet; Thence N 59'46'20"W a distance of 76.68 feet; Thence N 63'5411"W a distance of 52.56 feet; Thence N 66'51'17"W a distance of 65.19 feet; Thence N 70'57'32"W a distance of 67.42 feet; Thence N 75'47'36"W a distance of 59.18 feet; Thence N 66'13'17"W a distance of 70.45 feet; Thence N 65'31'20"W a distance of 71.11 feet; Thence N 54'13'09"W a distance of 63.09 feet; Thence N 48'29'45"W a distance of 107.06 feet; Thence N 46'5623"W a distance of 77.06 feet; Thence N 45'3110"W a distance of 14.15 feet; GLENWOOD SPRINGS 118 West Sixth Si, Suite 200 I Glenwood Springs,CO 81601 1970.945.1004 6SGM www.sqm.inc.com Thence S 02'43'33"W a distance of 11.32 feet; Thence 543'32'25"W a distance of 14.55 feet; Thence 528'09'11"W a distance of 42.87 feet; Thence 523102'48'W a distance of 59.52 feet; Thence S 20'0513"W a distance of 89.10 feet; Thence N 70'5300"W a distance of 21.33 feet to the Point of Beginning,said parcel containing 0.692 acres(30,141 square feet),more or less. Legal Description Created By: :eiT Joshua 1.Wilson Colorado PLS 38417 '�,e▪ • For,and on behalf of 5GM 38417 Wit, 5.11.16?�-' '0NAf• L...ettpti ,W GLENWOOD SPRINGS 118 West Sixth Si, Suite 200 I Glenwood Springs, CO 81601 I 970.945.1004 l 1 i U . . '12: .4.3f- .4. .. r 1 _ .l/ II \ 'ao§ 4 es ',f11 ! i".". .�ue7- a 14 y1 n - ; s sl•.. 7 i j - d'< / : Eef / 5.. 5' :0 1 IlliC4 : ... ... '/ Sy :I' 7 gn fl EigIra6011W :I I 38417 i [ 141 / ;le 5.11.16;'_ s .. . ,.1. P3 a '�.;14A.'LAN.`°.' - Vat Mt pN E l I It t ' , til\ : e R ant ;. .A . a^aft i i,6 : a .5 : c: _ 6cc :c5sccc4 I / 1111;111I1111111iiuu4 ' � ..., t iiiiiiitCiiiiiiii � '',mi GGfi GGFEEG65G6G646651 sit ! I /1s!/ ! sI 1s ;!HHHuu 1 D- aX7 Q' i ? // iiiiiiiiiiiiwiii$ 1 ip . Nil:// / A . �J 655FFf EiGSi FFi CFF 6i1 € ?4�n � iiiiiiii$ i8iiiiiiii }�i�J// 2 t. 3 S� M Lary Glen Subd'MstanN. Pedestrian Ise i a'2"airo ram Gary.Co odo e • �`�' e.-.. .... Easement la 1 BRIDGE AND ACCESS EASEMENT This Bridge and Access Easement ("Easement") is granted this qday of ICI a Jern 4/ 2016, by Lazy Glen Homeowners Association Inc., a Colorado Non-Profit Corporation, whose legal address is 101 Lazy Glen, Snowmass, Colorado 81654 ("Grantor") to The Board of County Commissioners of Pitkin County, Colorado, whose legal address is 530 East Main Street, Aspen, Colorado 81611 ("Grantee"). RECITALS A. Grantor owns the property known as the Lazy Glen Subdivision legally described in the instrument recorded under Book 647 at Page 695, on June 5, 1991, in the records of the Clerk and Recorders Office of Pitkin County, Colorado ("Grantor's Property"); and B. Grantee owns adjacent property legally described in the instrument recorded under Reception number 618521, on March 27, 2015, in the records of the Clerk and Recorders Office of Pitkin County,Colorado ("Grantee's Property"); and C. Grantor desires to grant the Grantee a non-exclusive right of public vehicular and pedestrian access and the right to install, operate, maintain, repair, and for public use of a bridge and trail over and across Grantor's Property to Grantee's Property subject to the conditions contained in this instrument; and D. Grantee acknowledges this Easement is subject to all prior recorded encumbrances on Grantor's Property. GRANT OF EASEMENT NOW THEREFORE, in consideration of the above recitals and the mutual covenants contained herein, and for other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged,but subject to the terms and conditions more fully set forth below, Grantor hereby conveys to Grantee, its successors and assigns, the non-exclusive perpetual easement described below: 1. Grant of Easement. Grantor hereby grants and conveys to Grantee a non-exclusive perpetual public "Vehicular Access" easement of approximately 0.127 acres which includes three vehicle parking spaces legally described and depicted on Exhibit A, a non-exclusive perpetual public "Pedestrian Access" easement of approximately 0.692 acres, which will allow permanent public access by bicycles and pedestrians only, legally described and depicted on Exhibit B, , and a non-exclusive perpetual public "Bridge Easement" of approximately 0.571 acres along with the right to access, survey, locate, construct, install, operate, maintain, repair, replace, and the right for the public to ingress and egress a Bridge across the Roaring Fork River, legally described and depicted on Exhibit C, all located on Grantor's Property(collectively referred to as the"Easement 1 Property"). 2. Purpose. Without limiting the foregoing, the terms of this Easement shall apply to the vehicular, bicycle, and pedestrian access and construction, maintenance, and public use of the Bridge. Grantee shall not use the Easement Property for any other uses without an amendment of this Easement. 3. Construction, Improvements and Maintenance. Grantor will grant to Grantee a right for access, surveying, locating, constructing, installing, operating, maintaining, repairing, and replacement for a Bridge across the Roaring Fork River within the Bridge Easement and construction of 3 vehicle parking spaces within the Vehicular Access area. Grantor is responsible for the installation and maintenance of trash and dog waste receptacles on the Easement Property, which location shall be approved by both Grantor and Grantee. County will install and maintain a gate within the Pedestrian Access area, which exact location shall be approved by both Grantor and Grantee. a) Grantee shall conduct the work of accessing, surveying, locating, constructing, installing, operating, maintaining, repairing,replace and the right to ingress and egress the Bridge with all reasonable care. b) Grantee shall contain all work activities within the Easement Property and shall not affect any other portion of Grantor's Property. c) Grantee must comply with all Pitkin County land use regulations, including without limitation,obtaining all necessary approvals and permits for the uses permitted hereunder. d) Grantee shall be responsible for all construction costs and any repairs or maintenance necessary for its construction, maintenance and/or use of the Easement Property. 4. Colorado Department of Transportation Permit. Grantor agrees to execute a Colorado Department of Transportation State Highway Access Permit Application and Access Permit for access from State Highway 82 to the Easement Property. 5. Mechanic's Lien. Nothing contained herein shall authorize Grantee,or any person or entity acting through, with or on behalf of Grantee, to subject the Easement Property or any portion of the Easement Property or of Grantor's Property,to mechanic's liens. If any such lien shall be filed against the Easement and Grantee has caused such lien, Grantee shall cause the lien to be discharged. In the event that such lien is not discharged within twenty (20) days after receipt of written notice of the lien by the Grantee, then Grantor, at its option, and at the cost and expense of the Grantee, may enter into, defend, prosecute or pursue any effort or action (whether or not litigation is involved) which Grantor deems necessary to defend Grantor's Property from and against such lien. 2 6. Enforcement and Restoration. Grantor may exercise immediate reasonable enforcement, restoration and conservation actions when such actions are warranted for the protection and preservation of Grantor's Property. Should an activity be undertaken on the Easement Property to which the parties have not agreed, Grantor may require Grantee to immediately cease and desist from such activity. In such case, if the unauthorized activity was performed by Grantee, its employees, agents, guests or invitees, the cost of any restoration of Grantor's Property shall be borne by Grantee. 7. Grantor's Reserved Rights. Grantor reserves the right to use and occupy the Easement Property for any lawful purpose consistent with the rights and privileges granted herein which will not interfere with or endanger Grantee's use of the Easement Property. Grantee's use of the Easement Property shall be non-exclusive, and Grantee shall have no rights to use any portion of Grantor's Property except the Easement Property and only as permitted in this Easement. 8. Covenant Running with the Land. This Easement shall run with the land and be binding upon and shall inure to the benefit and/or burden of Grantor and Grantee and their respective successors and assigns. 9. Notices. Whenever notice is required to be given hereunder, it shall be in writing and may be sent by electronic mail to the party entitled thereto or mailed to the party entitled thereto, by registered or certified mail, return receipt requested. If mailed, said notice shall be effective and complete as of the date of mailing. If delivered or sent by electronic mail, said notice shall be effective and complete upon delivery or transmission of the electronic mail. Until changed by notice in writing, notice shall be given as follows: To the Grantor: Lazy Glen Homeowners Association II do Karen 3391dh4Srdr(9f 4�i f 1 C�JYOVIC/L 101 Lazy Glen Snowmass, Colorado 81654 lazyglen(u,sopris.nt 970-927-3632 To the Grantee: Director of Acquisitions Pitkin County Open Space and Trails 806 West Hallam Street Aspen, Colorado 81611 dale.will@oitkincounty.com 970-920-5203 With copy to: The Pitkin County Attorney's Office 530 East Main Street, Suite 302 Aspen, Colorado 81611 John.Ely@Mtkincounty.com 970-920-5190 3 10. Severability. If any provisions of this Easement or the application thereof to any person or circumstance is found to be invalid, the remainder of the provisions of this Easement and the application of such provisions to persons or circumstances other than those as to which it is found to be invalid, shall not be affected thereby. 11. Entire Agreement. This instrument and the attached Exhibits contain the entire agreement between the parties relating to the Easement and may be modified only by an instrument in writing executed by both parties. 12. Exhibits. All references to exhibits herein shall incorporate such exhibits by their reference. 13. Counterparts. This Easement may be executed in one or more counterparts, each of which when so executed shall be deemed an original,and such counter parts together shall constitute one and the same instrument. 14. Recording. This Easement shall be recorded in the office of the Clerk and Recorder of Pitkin County, Colorado. 15. No Waiver. The waiver by any party to this Easement of any term or condition of this Easement shall not operate or be construed as a waiver of any subsequent breach by any party. 16. Encumbrances. The Property was purchased by the Grantor subject to exceptions of record and this Easement is subject to all prior encumbrances of record. 17. Government Immunity. Grantor and Grantee agree and understand that both parties are relying on and do not waive, by any provisions of this Easement, the monetary limitations or terms or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. 24-10-101, et seq., as from time to time amended or otherwise available to the parties or any of their officers, agents, or employees. 18. Assignability. This Easement is not assignable by either party. 19. Modification. This Easement may be changed or modified only in writing by an Amended Easement executed by both Grantor and Grantee and recorded in the records of the Clerk and Recorder for Pitkin County, Colorado. 20. Agreement made in Colorado. This Easement shall be construed according to the laws of the State of Colorado, and venue for any action shall be in the District Court in and for Pitkin County, Colorado. 21. Attorneys' Fees. In the event the interpretation or enforcement of this Easement should ever become the subject of litigation, arbitration or mediation between the Grantor (or its 4 successors and assigns) and the County, the substantially prevailing party shall be awarded its reasonable costs and attorneys' fees and costs incurred in connection therewith. 22. Section headings. Paragraph or section headings within this Easement are inserted solely for convenience of reference, and are not intended to, and shall not govern, limit or aid in the construction of any terms or provisions contained herein. IN WITNESS, WHEREOF, the parties have executed this Easement this iXtln day of NlCot,M4)e , 2016. GRANTEE: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY 77 r1 .A Rachel E. Richardschair 046 5 STATE OF COLORADO ) ) ss. PITKIN COUNTY \ This Easement was acknowledged before me this \1� day of OC.tAf SeN' , 2016, by Rachel E. Richards, Chair of the Board of County Commissioners of Pitkin County. Witness my hand and official seal. JANE A. ACHEY NOTARY PUBLIC SLATE C.E OOLODADO (SEAL) DOTAR Dn ,t a. bNoy Public • ne .'..siert Faipir.s: • 6 GRANTOR: By: � / ' / Its: ?YP,C STATE OF COLORADO ) ss. PITKIN COUNTY s Easemen was cknowled ed fore me thiskda of/�, ' /, �' g y ( /[it,[)-u�Cn , 2016, by i��h✓1 5 ( Ief O 7€(as its Lire Sid t of the Lazy Glen Homeowners Association Witness my hand and official seal. KAREN HILLEBRAND NOTARY PUBLIC ..,��ww�,�.,nui�u�� STATE OF COLORADO .014- .LE 9 Nqry ID 19914006076 �3�(.,.•• 9 9y4% WIbM I1F IRESARIE 2.2019 (SEALe ' NpTARy•� • N� P U B L I01:0057 OtAANL alit))) CNVt C%1 •• ••'0P Nooary Public ''42,,,�F.00 My Commission Expires: • 7 6SGM w w w.sgm inc.corn Vehicular Access Easement An easement situated in Parcel A,Lazy Glen Subdivision according to the Plat thereof recorded in Plat Book 60 at Page 26,also being situated in Section 21,Township 8 South,Range 86 West, of the 6'"PM.,County of Pitkin,State of Colorado,said easement being more fully described as follows: Beginning at a paint on the South Boundary of said Parcel A,also being a point on the North Right of Way of State Highway No.82 from whence the Southwest Corner of said Parcel A bears N48°08'30"W a distance of 438.14 feet; Thence N 50°0996"E a distance of 9.48 feet; Thence 20.30 feet along a curve to the left, having a radius of 20.14 feet, a central angle of 057°44'42",the chord of which bears N 21°16'54"E,a distance of 19.45 feet; Thence 44.88 feet along a curve to the left, having a radius of 151.50 feet, a central angle of 016°5828",the chord of which bears N 16°04'41"W,a distance of 44.72 feet; Thence N 21°4198"W a distance of 62.12 feet; thence 104.77 feet along a curve to the left,having a radius of 408.15 feet,a central angle of 014°42'25",the chord of which bears N 29°02'50"W,a distance of 104.48 feet; Thence N 58°42'51"E a distance of 21.53 feet; Thence S 35°4405"E a distance of 20.65 feet; Thence 5 33°21'44"E a distance of 28.92 feet; Thence S 2563734"E a distance of 28.34 feet; Thence S 24°30'32"E a distance of 29.86 feet; Thence 5 2217'07'E a distance of 33.02 feet; Thence S 21°4848"E a distance of 29.81 feet; Thence 519°57'26"E a distance of 25.54 feet; Thence S 09°11'24"E a distance of 26.51 feet; Thence S 091.7'31"W a distance of 14.71 feet; Thence 5 3733'45"W a distance of 13.31 feet; Thence S48°29'48"W a distance of 19.51 feet to a point on the North Right-of-Way of State Highway No.82,also being on the south boundary of said Parcel A; Thence along said right of way and boundary 17.85 feet along a non-tangent curve to the left, having a radius of 2342.00 feet, a central angle of 000°26'12", the chord of which bears N 41°50'38"W a distance of 17.85 feet to the Point of Beginning, said easement containing 0.127 acres(5,535 square feet),more or less. ° vmcluoii tu, Legal Description Created B ae 'Fo Joshua L.Wilson °�.� 3: ' '- Colorado PLS k 38417 5.11.1? For,and on behalf of SGM /ONAL,`,,s�@�° GLENWOOD SPRINGS 118 West Sixth St, Suite 200 I Glenwood Springs, CO 81601 1970.945.1004 l • N e 2 I � a � O al S iii 1 8 A • • 1.] I �\ lel u, nil a : O I g { ]' i fi ar V g „; § gl 2 A 8 ice / 7 @4@ �� �; =" ' o g3 E it N• � @ t /v .a 5E( / / �f _ g '1.5 -/ $ ff' fffcssfp i� % / / hslUU d 45, 515 4 • ' aSae Sas %a 55 0 r" � a °y a ci IA s 3 _ :� _ [ / Y✓ t. .* Y C ? Y. ; i 't. i'>f 8417 '' 3 ell .` sj / '-A'•5.11.16 :c' y R R 6�/� VMLazy Glen Subdivision mem. Vehicular sw. 1 rw..mO.e o'e u� viAkin County,Colorado Access ee 9.“5.e.. ....,. w -. Easement a 1 , 6SGM w w w.sgm inc.corn PEDESTRIAN ACCESS EASEMENT An easement situated in the Private Roads&Utility Easement and Parcel A of Lazy Glen Subdivision according to the Plat thereof recorded in Plat Book 60 at Page 26,also being situated in Section 21,Township 8 5outh,Range 86 West,of the 6th PM.,County of Pitkin,State of Colorado,said easement being more fully described as follows: Beginning at the Southeast corner of Lot 71,Lazy Glen Subdivision also being a point on the North Right of Way of State Highway No.82; Thence N 19°15'56"E a distance of 81.80 feet; Thence N 21°4324"E a distance of 45.28 feet; Thence N 24°38'35"E a distance of 44.89 feet; Thence N 24"35'59"E a distance of 44.24 feet; Thence N 62°1436"E a distance of 34.63 feet; Thence S 46°34'52"E a distance of 57.14 feet; Thence 5 47°47'55"E a distance of 58.45 feet; Thence S 4T34'37'E a distance of 40.86 feet; Thence 5 4T34'37'E a distance of 3.00 feet; Thence S 4T34'37"E a distance of 3.00 feet; Thence 5 47'3417'E a distance of 50.49 feet; Thence 5 52°05'12"E a distance of 60.57 feet; Thence S 64°14'04"E a distance of 52.37 feet; Thence S 664920"E a distance of 50.12 feet; Thence S 64°3027'E a distance of 27.21 feet; Thence S 71°51'04"E a distance of 49.66 feet; Thence 5 79°1649"E a distance of 23.67 feet; Thence S 7258'07'E a distance of 23.24 feet; Thence 5 70502'06"E a distance of 43.10 feet; Thence 567°25'38'E a distance of 32.47 feet; Thence 5 66°44'42"E a distance of 32.89 feet; Thence S 64°41'33"E a distance of 42.53 feet; Thence 5 60°54'40"E a distance of 42.68 feet; Thence 5 59°19'23"E a distance of 42.25 feet; Thence 5 58°59'44"E a distance of 26.85 feet; Thence 557°42'03"E a distance of 32.86 feet; Thence S 55°56'23"E a distance of 38.72 feet; Thence S60°16'36"E a distance of 33.44 feet; Thence 5 70°04'48"E a distance of 84.06 feet; Thence S 63°19'11"E a distance of 57.86 feet; Thence S 36°11'08"E a distance of 117.62 feet; Thence 5 55°32'11"E a distance of 45.48 feet; Thence S 35'23'55"E a distance of 16.56 feet; Thence S 58°42'51"W a distance of 21.53 feet; Thence N 46°29'43"W a distance of 57.97 feet; Thence N 33'41'07'W a distance of 114.48 feet; Thence N 63°03'54"W a distance of 55.14 feet; Thence N 70°10'41"W a distance of 24.09 feet; Thence 5 42°22'07'W a distance of 16.17 feet; Thence N 64°1320"W a distance of 69.55 feet; Thence N 570027'W a distance of 45.67 feet; Thence N 5736'08"W a distance of 63.44 feet; Thence N 59°4620"W a distance of 76.88 feet; Thence N 63°541.1"W a distance of 52.56 feet; Thence N 66°51'17"W a distance of 65.19 feet; Thence N 70°5732"W a distance of 67.42 feet; Thence N 75.4/36"W a distance of 59.18 feet; Thence N 66013'17'W a distance of 70.45 feet; Thence N 65°31'20"W a distance of 71.11 feet; Thence N 54°13'09"W a distance of 63.09 feet; Thence N 48°29'45"W a distance of 107.06 feet; 4 Thence N 46°5623"W a distance of 77.06 feet; Thence N 45°31'30"W a distance of 14.15 feet; GLENWOOD SPRINGS 118 West Sixth SI, Suite 200 I Glenwood Springs, CO 81601 1970.945.1004 SSGM www sgm•inc.com Thence 5 82.4333"W a distance of 11.32 feet; Thence S 43°32'25"W a distance of 14.55 feet; Thence 5 2&0711"W a distance of 42.87 feet; Thence 523.02'43"W a distance of 59.52 feet; Thence 5 20'0513"W a distance of 89.10 feet; Thence N 70.53'00"W a distance of 21.33 feet to the Point of Beginning,said parcel containing 0.692 acres(30,141 square feet),more or less. rn legal Description Created By: . °t Joshua L.Wilson Colorado P15#38417 ' •+' :st. _ For,and on behalf of 5GM = 38417 i 5.11.16;1E 5 GLENWOOD SPRINGS 118 West Sixth St, Suite 200 Glenwood Springs, CO 81601 1970.945.1004 �7 / it "r E > F 13/4r s 0- in 41/ ' g/ Akir ..t ; -"I 8 c 1,f s � at i I ° �. tt ' " .11; r .a 11 d Ci i }_ = 78417 =: .'I '...._„..1 ... ft n -e T .5.11.16:• ;1 V4 31 illi A�� a p1982 qF aQ / _ a3�o 2 r . f g 4 S��g ;NI - , a.a 1. . i. 3 deepp' s "a, 77 $. i ? : Y3 $ i S '", 9. 33 ' 4333. 5559 . se • Ip M1, _ eC i : C pS Y . 6 t : itt s9 v " q qt Z. y "v vfl9 q c 54 Y qq G. &, y f / i m „ 6GG SG 64 ES5GF SESSF 4F5F X �' �' /d • /!. 5iia / Wil! ililigg ( Cp1 ,A 3 ck / 3" ] 5975 9 °-�51. 5ni i 2 j/ aav : s eai . i CsgiSiei FgFFipp5F4@'xEepcyf 's SiEFiEFF Q j{ • / / 9S pe { e5ee $ I ' I Iiii + gR / . / 9555 ; 59 15459 9 5 p: � s / , 6 GSGMLazy Glen Subdivision Pedestrian 5M. I Pitkin County,Colorado Access °7°945'°°' ^- A �I Easement Ia 1 65GM www sgm-inc.cam EASEMENT DESCRIPTION An easement situated in Parcel A,Lazy Glen Subdivision according to the Plat thereof recorded in Plat Book 60 at Page 26,also being situated in Section 21,Township 8 South,Range 86 West, of the 6'"P.M.,County of Pitkin,State of Colorado,said easement being mare fully described as follows: Beginning at a point on the North Boundary of said Parcel A whence the Northeast corner of said Parcel A bears 518°25'00"E a distance of 105.84 feet; Thence S 57.59'03"W a distance of 74.13 feet to the North Right of Way of State Highway No. 82,also being a point on the South Boundary of said Parcel A; Thence along said right-of-way and boundary112.53 feet along a non-tangent curve to the left, having a radius of 2342.00 feet, a central angle of 002°45'11", the chord of which bears N 40°14'57'W a distance of 112.52 feet; Thence N 48°29'48"E a distance of 19.51 feet; Thence N 32'13'45"E a distance of 13.31 feet; Thence N 09°17'31"E a distance of 14.71 feet; Thence N 09°11'24"W a distance of 26.51 feet; Thence N 19'57'26"W a distance of 25.54 feet; Thence N 21.4648"W a distance of 29.81 feet; Thence N 22.37'07'W a distance of 33.02 feet; Thence N 24"30'32"W a distance of 29.86 feet; Thence N 25°37'14"W a distance of 28.34 feet; Thence N 33°21'44"W a distance of 28.92 feet; Thence N 35°44'05"W a distance of 20.65 feet; Thence N 56°18'00"E a distance of 61.75 feet to a point on the north boundary of said Parcel A; Thence along said north boundary the following two(2)courses; 26°14'00"E a distance of 295.48 feet; S 18.25'00"E a distance of 59.54 feet to the Point of Beginning,said easement containing 0.571 acres(24886 square feet),more or less. • Legal Description Created /tat Joshua L.Wilson = 8417 Colorado PLS g 38417 - s c o•05.11.1B&c For,and on behalf of SGM = �'v •A 42'1 `f��NAI LAN��Q> ' GLENWOOD SPRINGS 118 West Sixth St, Suite 200 I Glenwood Springs, CO 81601 1970.945.1004 • \ ^ © \ _ . /. ! , : . z. § W / } 8 §-I:3\ } i� : . .. E f ti { , �\ i /� � . . r44, y\ / \ q / / •• ® 2\, \ ; i «2 ya-I kr I > y < rS ' � � \/5 \ z \ ' / >y . / » \\ / 7/ \- \ ! y ,- / > -y \ eeemane ! I. '/ ) § § ) § ) ( ) | e R4 ® \j " ^ ` q } \ y $ ! � m { ! , H ! < 94 0 I |t \ / { § y / Pilkin y __ 1c / CONTRACT# BRIDGE AND ACCESS EASEMENT This Bridge and Access Easement("Easement") is granted this tK 'day ofA30aryl 6ev 2016, by Lazy Glen Homeowners Association Inc., a Colorado Non-Profit Corporation, whose legal address is 101 Lazy Glen, Snowmass, Colorado 81654 ("Grantor") to The Board of County Commissioners of Pitkin County, Colorado, whose legal address is 530 East Main Street, Aspen, Colorado 81611 ("Grantee"). RECITALS A. Grantor owns the property known as the Lazy Glen Subdivision legally described in the instrument recorded under Book 647 at Page 695, on lune 5, 1991, in the records of the Clerk and Recorders Office of Pitkin County, Colorado ("Grantor's Property"); and B. Grantee owns adjacent property legally described in the instrument recorded under Reception number 618521, on March 27, 2015, in the records of the Clerk and Recorders Office of Pitkin County, Colorado ("Grantee's Property"); and C. Grantor desires to grant the Grantee a non-exclusive right of public vehicular and pedestrian access and the right to install, operate, maintain, repair, and for public use of a bridge and trail over and across Grantor's Property to Grantee's Property subject to the conditions contained in this instrument; and D. Grantee acknowledges this Easement is subject to all prior recorded encumbrances on Grantor's Property. GRANT OF EASEMENT NOW THEREFORE, in consideration of the above recitals and the mutual covenants contained herein, and for other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, but subject to the terms and conditions more fully set forth below, Grantor hereby conveys to Grantee, its successors and assigns, the non-exclusive perpetual easement described below: 1. Grant of Easement. Grantor hereby grants and conveys to Grantee a non-exclusive perpetual public "Vehicular Access" easement of approximately 0.127 acres which includes three vehicle parking spaces legally described and depicted on Exhibit A, a non-exclusive perpetual public "Pedestrian Access" casement of approximately 0.692 acres, which will allow permanent public access by bicycles and pedestrians only, legally described and depicted on Exhibit B, , and a non-exclusive perpetual public "Bridge Easement" of approximately 0.571 acres along with the right to access, survey, locate, construct, install, operate, maintain, repair, replace, and the right for the public to ingress and egress a Bridge across the Roaring Fork River, legally described and depicted on Exhibit C, all located on Grantor's Property(collectively referred to as the "Easement 1 RECEPTION#: 634209, 11/29/2016 at 12:26:32 PM, 1 OF 17. R $0.00 Doc Code EASEMENT Janice K. Vos Caudill. Pitkin County, CO Property"). 2. Purpose. Without limiting the foregoing, the terms of this Easement shall apply to the vehicular, bicycle, and pedestrian access and construction, maintenance, and public use of the Bridge. Grantee shall not use the Easement Property for any other uses without an amendment of this Easement. 3. Construction, Improvements and Maintenance. Grantor will grant to Grantee a right for access, surveying, locating, constructing, installing, operating, maintaining, repairing, and replacement for a Bridge across the Roaring Fork River within the Bridge Easement and construction of 3 vehicle parking spaces within the Vehicular Access area. Grantor is responsible for the installation and maintenance of trash and dog waste receptacles on the Easement Property, which location shall be approved by both Grantor and Grantee. County will install and maintain a gate within the Pedestrian Access area, which exact location shall be approved by both Grantor and Grantee. a) Grantee shall conduct the work of accessing, surveying, locating, constructing, installing, operating, maintaining, repairing, replace and the right to ingress and egress the Bridge with all reasonable care. b) Grantee shall contain all work activities within the Easement Property and shall not affect any other portion of Grantor's Property. c) Grantee must comply with all Pitkin County land use regulations, including without limitation, obtaining all necessary approvals and permits for the uses permitted hereunder. d) Grantee shall be responsible for all construction costs and any repairs or maintenance necessary for its construction, maintenance and/or use of the Easement Property. 4. Colorado Department of Transportation Permit. Grantor agrees to execute a Colorado Department of Transportation State Highway Access Permit Application and Access Permit for access from State Highway 82 to the Easement Property. 5. Mechanic's Lien. Nothing contained herein shall authorize Grantee,or any person or entity acting through, with or on behalf of Grantee, to subject the Easement Property or any portion of the Easement Property or of Grantor's Property, to mechanic's liens. If any such lien shall be filed against the Easement and Grantee has caused such lien, Grantee shall cause the lien to be discharged. In the event that such lien is not discharged within twenty (20) days after receipt of written notice of the lien by the Grantee, then Grantor, at its option, and at the cost and expense of the Grantee, may enter into, defend, prosecute or pursue any effort or action (whether or not litigation is involved) which Grantor deems necessary to defend Grantor's Property from and against such lien. 2 6. Enforcement and Restoration. Grantor may exercise immediate reasonable enforcement, restoration and conservation actions when such actions are warranted for the protection and preservation of Grantor's Property. Should an activity be undertaken on the Easement Property to which the parties have not agreed, Grantor may require Grantee to immediately cease and desist from such activity. In such case, if the unauthorized activity was performed by Grantee, its employees, agents, guests or invitees, the cost of any restoration of Grantor's Property shall be borne by Grantee. 7. Grantor's Reserved Rights. Grantor reserves the right to use and occupy the Easement Property for any lawful purpose consistent with the rights and privileges granted herein which will not interfere with or endanger Grantee's use of the Easement Property. Grantee's use of the Easement Property shall be non-exclusive, and Grantee shall have no rights to use any portion of Grantor's Property except the Easement Property and only as permitted in this Easement. 8. Covenant Running with the Land. This Easement shall run with the land and be binding upon and shall inure to the benefit and/or burden of Grantor and Grantee and their respective successors and assigns. 9. Notices. Whenever notice is required to be given hereunder, it shall be in writing and may be sent by electronic mail to the party entitled thereto or mailed to the party entitled thereto, by registered or certified mail, return receipt requested. If mailed, said notice shall be effective and complete as of the date of mailing. If delivered or sent by electronic mail, said notice shall be effective and complete upon delivery or transmission of the electronic mail. Until changed by notice in writing, notice shall be given as follows: To the Grantor: Lazy Glen Homeowners Association c/o Karen 144ld*kdddl/ wid f t9i iron 101 Lazy Glen Snowmass, Colorado 81654 lazyglenc sopris.net 970-927-3632 To the Grantee: Director of Acquisitions Pitkin County Open Space and Trails 806 West Hallam Street Aspen, Colorado 81611 dale.will(alpitkincounty.com 970-920-5203 With copy to: The Pitkin County Attorney's Office 530 East Main Street, Suite 302 Aspen, Colorado 81611 John.Ely.44/Mtkincounty.com 970-920-5190 3 10. Severability. If any provisions of this Easement or the application thereof to any person or circumstance is found to be invalid, the remainder of the provisions of this Easement and the application of such provisions to persons or circumstances other than those as to which it is found to be invalid, shall not be affected thereby. 11. Entire Agreement. This instrument and the attached Exhibits contain the entire agreement between the parties relating to the Easement and may be modified only by an instrument in writing executed by both parties. 12. Exhibits. All references to exhibits herein shall incorporate such exhibits by their reference. 13. Counterparts. This Easement may be executed in one or more counterparts, each of which when so executed shall be deemed an original,and such counter parts together shall constitute one and the same instrument. 14. Recording. This Easement shall be recorded in the office of the Clerk and Recorder of Pitkin County, Colorado. 15. No Waiver. The waiver by any party to this Easement of any term or condition of this Easement shall not operate or be construed as a waiver of any subsequent breach by any party. 16. Encumbrances. The Property was purchased by the Grantor subject to exceptions of record and this Easement is subject to all prior encumbrances of record. 17. Government Immunity. Grantor and Grantee agree and understand that both parties are relying on and do not waive, by any provisions of this Easement, the monetary limitations or terms or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. 24-10-101, et seq., as from time to time amended or otherwise available to the parties or any of their officers, agents, or employees. 18. Assignability. This Easement is not assignable by either party. 19. Modification. This Easement may be changed or modified only in writing by an Amended Easement executed by both Grantor and Grantee and recorded in the records of the Clerk and Recorder for Pitkin County, Colorado. 20. Agreement made in Colorado. This Easement shall be construed according to the laws of the State of Colorado, and venue for any action shall be in the District Court in and for Pitkin County, Colorado. 21. Attorneys' Fees. In the event the interpretation or enforcement of this Easement should ever become the subject of litigation, arbitration or mediation between the Grantor (or its 4 successors and assigns) and the County, the substantially prevailing party shall be awarded its reasonable costs and attorneys' fees and costs incurred in connection therewith. 22. Section headings. Paragraph or section headings within this Easement are inserted solely for convenience of reference, and are not intended to, and shall not govern, limit or aid in the construction of any terms or provisions contained herein. IN WITNESS, WHEREOF, the parties have executed this Easement this ] 6 day of �inoCwber , 2016. GRANTEE: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY ay/ U, � Aye e2 Rachel E. Richards, hair ll (ISI(Ceti) 5 STATE OF COLORADO ) ) ss. PITKIN COUNTY N) This Easement was acknowledged before me ,v this \uV day of DCif4t C! , 2016, by Rachel E. Richards, Chair of the Board of County Commissioners of Pitkin County. Witness my hand and official seal. JANE A. ACHEY NOTARY FUS C STATE CF COI(BAJO (SEAL) m f 6YIO: 1 l Ll C9 S1 RI .,m bFP'B 9J e..i . ly��Z a. aV- No y Public My r c'W's: 6 GRANTOR:e/1.1. By: !�p Its: -12Y, � , ate_lrf STATE OF COLORADO ) ss. PITKIN COUNTY This Easem-en was acknowledged fore me this&d /ay of J1�-ffii , 2016, by //hV1S IYre b ()eras its / JSI OQti of the Lazy Glen Homeowners Association Witness my hand and official seal. KAREN HILLEBRAND NOTARY PUBLIC •ffiSTATE OF COLORADO 4 HIt,LF?:"'9l,} �1�tF7 ES M1EQ i9 (SEALi %3 NOTARY: (0). PUBL1c..3,. 4.(.nt I�K.Cx� C,vVtC� „' •••••••CO 0PP Notary Public /� F,,,,,.,.."" My Commission Expires: S ::,), A01 7 6SGM m .,.. sgm !n. ...i.. Vehicular Access Easement An easement situated in Parcel A,Lazy Glen Subdivision according to the Plat thereof recorded in Plat Book 60 at Page 26,also being situated in Section 21,Township 8 South,Range 86 West, of the 6th P.M.,County of Pitkin,State of Colorado,said easement being more fully described as follows: Beginning at a point on the South Boundary of said Parcel A, also being a point on the North Right of Way of State Highway No.82 from whence the Southwest Corner of said Parcel A bears N48°08'30"W a distance of 438.14 feet; Thence N 50°09'16'E a distance of 9.48 feet; Thence 20.30 feet along a curve to the left, having a radius of 20.14 feet, a central angle of 057°44'42",the chord of which bears N 21°1654"E,a distance of 19.45 feet; Thence 44.88 feet along a curve to the left, having a radius of 151.50 feet, a central angle of 016"5828",the chord of which bears N 16°04'41"W,a distance of 44.72 feet; Thence N 21°41'38"W a distance of 62.12 feet, thence 104.77 feet along a curve to the left, having a radius of 408.15 feet,a central angle of 014°42'25",the chord of which bears N 29"02'50"W,a distance of 104.48 feet; Thence N 58.42'51"E a distance of 21.53 feet; Thence S.35°44'05"E a distance of 20.65 feet; Thence S 33°21'44"E a distance of 28.92 feet; Thence S 25"37'14"E a distance of 28.34 feet; Thence S 2M30'32"E a distance of 29.86 feet; Thence S 22937'07"E a distance of 33.02 feet; Thence S 21°45'48"E a distance of 29.81 feet; Thence S 19'57'26"E a distance of 25.54 feet; Thence S 09°1124"E a distance of 26.51 feet; Thence 5 09°17'31"W a distance of 14.71 feet; Thence S 32°13'45"W a distance of 13.31 feet; Thence S 48°29'48"W a distance of 19.51 feet to a point on the North Right-of-Way of State Highway No.82,also being an the south boundary of said Parcel A; Thence along said right of way and boundary 17.85 feet along a non-tangent curve to the left, having a radius of 2342.00 feet, a central angle of 000"26'12", the chard of which bears N 41°50'38"W a distance of 17.85 feet to the Point of Beginning, said easement containing 0.127 acres(5,535 square feet),more or less. „,,,,. -- Legal ,DescriptionWnCreated B `.{ Joshua L Wilson E 3; _ Colorado PLS p 38417 -Ao '• 5.11.15 W f For,and on behalf of SGMs�ONA` L,,,.E& "3E.E&J`E. Gl ENV✓OOD SPRINGS 118 West Sixth Si, Suite 200 I Glenwood Springs, CO 81601 1970.945.1004 it a I..•..... .,. I \ , . \ | !\ . 2\ \ / . | E ; awe \ . •E' ' ' \ . . \ ` / z / / \. \ ! i ; :sem z « ; E! • < < » // ) , /g j » \ \ \ , \ / ! ob 2 ' nne � e , ! /4' ' \ ( . !1I \ \ § f ^ } \ \ 4 " tn \ $. --I _ . z , x H: 2 ! , _ } ;k » ° iK / \ \ yyr . 1 \ t \ ! / o ¥ \ GK!> ! s"gni «/ z = « e5c D !G S PA y{ / ,/ y \ \ , eSG M PEDESTRIAN ACCESS EASEMENT An easement situated in the Private Roads&Utility Easement and Parcel A of Lazy Glen Subdivision according to the Plat thereof recorded in Plat Book 60 at Page 26,also being situated in Section 21,Township 8 South,Range 86 West,of the 61"P.M.,County of Pitkin,State of Colorado,said easement being more fully described as follows: Beginning at the Southeast corner of Lot 71,Lazy Glen Subdivision also being a point on the North Right of Way of State Highway No.82; Thence N 19°1556"E a distance of 81.80 feet; Thence N 21°43124'E a distance of 45.28 feet; Thence N 24'38'35"E a distance of 44.89 feet; Thence N 24935'59"E a distance of 44.24 feet; Thence N 62°14'56'E a distance of 34.63 feet; Thence 5 46'34157'E a distance of 57.14 feet; Thence 5 47°47155"E a distance of 58.45 feet; Thence S47'34'37'E a distance of 40.86 feet; Thence S 473427'E a distance of 3.00 feet; Thence S 47°34'37'E a distance of 3.00 feet; Thence S473427'E a distance of 50.49 feet; Thence S 52605112"E a distance of 60.57 feet; Thence 5 641404"E a distance of 52.37 feet; Thence S 662920"E a distance of 50.12 feet; Thence S 642021 E a distance of 27.21 feet, Thence S 71'51'04"E a distance of 49.66 feet; Thence S 79°16'49"E a distance of 23.67 feet; Thence S 72°58'07'E a distance of 23.24 feet; Thence S 70°0206"E a distance of 43.10 feet; Thence S 67°25138"E a distance of 32.47 feet; Thence S 65°4442"E a distance of 32.89 feet; Thence 5 64'41133"E a distance of 42.53 feet; Thence S 60°5440"E a distance of 42.68 feet; Thence S 59°1923"E a distance of 42.25 feet; Thence S 58'59'44"E a distance of 26.85 feet; Thence S 5742'03"E a distance of 32.86 feet; Thence 5 55°56'23"E a distance of 38.72 feet; Thence S 60916'36"E a distance of 33.44 feet; Thence S 70°04'48"E a distance of 84.06 feet; Thence S 63°1921"E a distance of 57.86 feet; Thence 5 36°11'08"E a distance of 117.62 feet; Thence 5 55°32'11"E a distance of 45.48 feet; Thence S 35°23'55"E a distance of 16.56 feet; Thence S 58'4221"W a distance of 21.53 feet; Thence N 4629'43"W a distance of 57.97 feet; Thence N 3Y41'01 W a distance of 114.48 feet; Thence N 63°03'54"W a distance of 55.14 feet; Thence N 70'10'41"W a distance of 24.09 feet; Thence S 4T22'07'W a distance of 1E17 feet; Thence N 64'13120"W a distance of 69.55 feet; Thence N 57°00127'W a distance of 45.67 feet, Thence N 57°36'08"W a distance of 63.44 feet; Thence N 59°46'20"W a distance of 76.88 feet; Thence N 6305411"W a distance of 52.56 feet; Thence N 66°51'17'W a distance of 65.19 feet; Thence N 70°57132"W a distance of 67.42 feet, Thence N 75'4736"W a distance of 59.18 feet; Thence N 66°1327'W a distance of 70.45 feet; Thence N 65°31120"W a distance of 71.11 feet; Thence N 54°13'09"W a distance of 63.09 feet; Thence N 48°29'45"W a distance of 107.06 feet; Thence N 46°5623"W a distance of 77.06 feet; Thence N 4563030"W a distance of 14.15 feet; GLENLHOOD SPRINGS 118 West Sixth St, Suite 200 I Glenwood Springs, CO 81601 1970.945.1004 SSGM Thence 582'43'33"W a distance Of 11.32 feet; - � Thence S 43°32125"W a distance of 14.55 feet; Thence S 28°01'11"W a distance of 42.87 feet; Thence S 23°02'43"W a distance of 59.52 feet; Thence S 20°05'13"W a distance of 89.10 feet; Thence N 70°5390"W a distance of 21.33 feet to the Point of Beginning,said parcel containing 0.692 acres 00,141 square feet),more or less. Legal Description Created By: o°° f y�A�,/ Joshua L.Wilson "4� Colorado PL5#38417 + For,and on behalf of SGM = t 38417 i 5 82,t° 5.11.16{ $ 414S 1.00 os' GLENWOOD SPRINGS 118 West Sixth SL Suite 200 I Glenwood Springs, CO 81601 970.905.)004 ? 1 / ..136„ \ 4.. \ fie / \ ; A \} ± * , b r � • \ \ft ) \ - ; / � . - \ \ ` i yA j.' ` `V. i ` \ ' § \ ,, . £• a : 5 3 ! \ . { � } ( ) : \ ' . . . ;;§� : ` /§ ; , :II / - 2a | t . , /r , IMIlf « § , ; zo2 , \ 2 \ f:. ; y » /« ) I \ \ : //!iAii1S.::t \/ \ f ' - r5 \ ) ( \ ( \ \ >c)( I / t : 2 \2\\ 2\\2\\ � : f " , t : / ® 52255 ) [q / | ) j | . 4 l / 8 2 / { \ '4A. d§2 : y o , % . D y . . ; z « d { esom 1 ^~"�� � \ / , SSGM o.vr. 5p➢, !fC.com EASEMENT DESCRIPTION An easement situated in Parcel A,Lazy Glen Subdivision according to the Plat thereof recorded in Plat Book 60 at Page 26,also being situated in Section 21,Township 8 South,Range 86 West, of the 6'"P.M.,County of Pitkin,State of Colorado,said easement being more fully described as follows: Beginning at a point on the North Boundary of said Parcel A whence the Northeast corner of said Parcel A bears 518'25'00"E a distance of 105.84 feet; Thence S 5]'59'03"W a distance of 74.13 feet to the North Right of Way of State Highway No. 82,also being a point on the South Boundary of said Parcel A; Thence along said right-of-way and boundary112.53 feet along a non-tangent curve to the left, having a radius of 2342.00 feet, a central angle of 002°45'11", the chord of which bears N 40°14'57'W a distance of 112.52 feet; Thence N 48°2948"E a distance of 19.51 feet; Thence N 32°1345"E a distance of 13.31 feet; Thence N 09°1731"E a distance of 14.71 feet; Thence N 09°11'24"W a distance of 26.51 feet; Thence N 19'57'26"W a distance of 25.54 feet; Thence N 21°4648"W a distance of 29.81 feet; Thence N 22°37'07'W a distance of 33.02 feet; Thence N 24°3042"W a distance of 29.86 feet; Thence N 25°37'14"W a distance of 28.34 feet; Thence N 33'2144"W a distance of 28.92 feet; Thence N 35°44'05"W a distance of 20.65 feet; Thence N 56°18'00'E a distance of 61.75 feet to a point on the north boundary of said Parcel A; Thence along said north boundary the following two(2)courses; 5 2614'00'E a distance of 295.48 feet; S 18°25'00"E a distance of 59.54 feet to the Point of Beginning,said easement containing 0.571 acres(24886 square feet),more or less. legal Description Created By: 89 Joshua L.Wilson mo . Colorado 38417 5 ° S.1i.1621 For,and onnbehalf = NO of SGM = F'•.• /JW ;-' '''°0/4/1117. LANOS�Q,.° GLENWOOD SPRINGS 118 West Sixth St, Suite 200 I Glenwood Springs, CO 81601 1970.945.1004 ( 1 nth ,1 tii o0 iic v ' . . . ; T n N g N Td f Y g 2 i a L R / • §5� Y X R R N ,1 /' / 1'.;:".,./ g91 �/ / A ± j ¢¢ 33" / (�^.S 9 8 Nz ' / •I!// • , . / pyo,�jz,#��#jj 0 r lift ///( / / tl�" M 9R= A F siase. a , n ,� ! pY , 5 ; R5 4 ; 22 gyQBS6aY 5 • [ 1 44 / r. S % a ! a ' innA /r A$ 5 A^ s A! e - ; a . 0 0 :po �y2. 0 :56o R 6SGM Lazy Glen Subdivision SM. P Ikin County,Colorado Easement N. 07094:.1034 . 41, 14 ..A 01 1 (