HomeMy WebLinkAboutpitkin.planning.246721400008, 246727201802, 246727201803 (2017)DOCUMENT LAYOUT
THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION
LISTED BELOW IN THE FOLLOWING ORDER
Summary Sheet
Resolution for the BOCC and/or P&Z
Ordinance for the BOCC and/or P&Z
Determination for the Hearing Officer
Administrative Determination
Staff Memo
Application
Public Notice, Acceptance Letter, Referral(s) Letter
Site Plan
Miscellaneous
Plat(s)
Parcel ID: 2467-21-4-00-008 Application Date: 2/13/17 Case No: P013-17
Description: Pitkin County/Lazy Glen Open Space Location & Extent Review Planner:
# Copies: 2
Allocated Hours: 3
Project Address: 99 N RIVER RD, SNOWMASS, C081654 % Over Hours: 4
Property Owner: PITKIN COUNTY OPEN SPACE Address: 530 E MAIN ST Owner Phone:
ASPEN, CO 81611
Owner's REP: LINDSEY UTTER Address: 530 E MAIN ST, OPEN SPACE At REP'S Phone: (970) 920-5224
ASPEN, CO 81611
REP's Email: lindsey.utter@pitkincounty.com
Referrals: ALL OTHER REFERRALS Other Referrals: Long Range (Ellen) None
Comments Due Date: 04/1 412 01 7
Meetings: 1st Meeting: 2nd Meeting: 3rd Meeting:
Meeting Date: 05/02/2017
Review Body: p8¢
Public Hearing? yes
Notice Date: 03/30/2017
Meeting Notes: no vesting
Approvals:
BOCC Resolution #: PBZ Determination #: 004-2017 #638386
BOCC Ordinance #: HO Determination #:
Admin Determination #:
Other Information:
VR Approval Date:
VR Expires Date:
Remarks:
Application Type:
Plat Recorded Date:
Plat (Bk, PG): n/a
Parcel ID: 2467-27-2-01-803 Application Date: 2/13/12 Case No: P013-17
Description: Pitkin County/Lazy Glen Ofen Space Location & Extent Review • Planner:
Project Address: 99 N RIVER RD, SNOWMASS, C081654
Property Owner: PITKIN COUNTY OPEN SPACE Address: 530 E MAIN ST
ASPEN, CO 81611
Owner's REP: LINDSEY UTTER
REP's Email: lindsey.utter@pitkincounty.com
Referrals: ALL OTHER REFERRALS
Comments Due Date: 04/14/2017
# Copies: 2
Allocated Hours: 3
% Over Hours: 4
Owner Phone:
Address: 530 E MAIN ST, OPEN SPACE At REP's Phone: (970) 920-5224
ASPEN. CO 81611
Other Referrals: Long Range (Ellen) None
Meetings: 1st Meeting: 2nd Meeting: 3rd Meeting:
Meeting Date: 05/02/2017
Review Body: p&Z
Public Hearing? yes
Notice Date: 03/30/2017
Meeting Notes: no vesting
Approvals:
BOCC Resolution #: P&Z Determination #:
004-2017 #638386
BOCC Ordinance #: HO Determination #:
Admin Determination #:
Other Information:
VR Approval Date: Plat Recorded Date:
VR Expires Date: Plat (Bk, PG): n/a
Remarks:
Application Type:
Parcel ID: 2467-27-2-01-802 Application Date: 2/13/17
Case No: P013-17
Description: Pitkin County/Lazy Glen Open Space Location & Extent Review
Planner:
# Copies: 2
Allocated Hours: 3
Project Address: 99 N RIVER RD, SNOWMASS, C081654
% Over Hours: 4
Property Owner: PITKIN COUNTY OPEN SPACE Address: 530 E MAIN ST Owner Phone:
ASPEN, CO 81611
Owner's REP: LINDSEY UTTER Address: 530 E MAIN ST, OPEN SPACE At REP's Phone: (970) 920-5224
ASPEN, CO 81611
REP's Email: lindsey.utter@pitkincounty.com
Referrals: ALL OTHER REFERRALS •
Comments Due Date: 04/14/2017
Meetings:
1st Meeting:
Meeting Date:
05/02/2017
Review Body:
p8s
Public Hearing?
yes
Notice Date:
03/30/2017
Meeting Notes: no vesting
Other Referrals: Long Ranji(Ellen) None
2nd Meeting:
3rd Meeting:
Approvals:
BOCC Resolution #: P&Z Determination #: 004-2017 #638386
BOCC Ordinance #: HO Determination #:
Admin Determination #:
Other Information:
VR Approval Date:
VR Expires Date:
Remarks:
Application Type:
Plat Recorded Date:
Plat (Bk, PG): n/a
DECISIONS
RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF PITKIN COUNTY,
COLORADO, FINDING THE LAZY GLEN OPEN SPACE IMPROVEMENTS LOCATION AND
EXTENT REVIEW IN CONFORMANCE WITH THE 1987 DOWN VALLEY MASTER PLAN
Resolution No. PZ -4/-2017
RECITALS
1. The Pitkin County Open Space and Trails Department (OST) (hereafter referred to as the "Applicant)
has applied to the Planning and Zoning Commission of Pitkin County ("Planning Commission') to
obtain approval for Location and Extent Review to implement the Lazy Glen Management Plan and
construct associated improvements including a bridge across the Roaring Fork River connecting the Lazy
Glen Subdivision to the Rio Grande Trail, parking area enhancements, agricultural operations, soft
surface trail connections to the adjacent BLM land, to legalize a unpermitted dwelling unit, and conduct
stream restoration and wildlife management activities.
2. The property commonly known as the Lazy Glen Open Space is comprised of three parcels including
Parcel Nos. 246721400008, 246727201802, 246727201803 and are legally described in Exhibit A. All
three parcels are zoned AR -10.
3. Pursuant to C.R.S 30-28-110(1), and Land Use Code Section 2-30-30(h)(10), the Planning
Commission finds that Location and Extent Review for the proposed Lazy Glen Open Space
improvements is the only applicable review for the proposal.
4. The Planning Commission reviewed the application at a duly noticed public hearing on May 2nd, 2017
at which time evidence and testimony were presented with respect to this application.
5. The Planning and Zoning Commission further finds the proposed improvements are consistent with
the 1987 Down Valley Master Plan.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission that it hereby finds
that the Lazy Glen Open Space Improvements Location and Extent Review are in conformance with the
Down Valley Master Plan, subject to the following conditions:
1. The Applicant shall adhere to all material representations made during the application process or in
public meetings or hearings and shall consider those representations to be conditions of approval.
2. The Applicant shall apply for, and obtain the applicable permits for the construction of the bridge.
3. Prior to occupying the unpermitted dwelling unit in the barn, the Applicant shall apply for, and obtain
a building permit for the improvements required to legalize the unit. Proof of legal water supply and
a permitted Onsite Wastewater Treatment System are required.
4. Grading and fill placement activities that exceed fifty cubic yards shall require an earthmoving
permit.
5. Failure to comply with these conditions of approval may result in revocation of this permit or any
subsequent permits related to this property or vested rights associated with this property.
I VIII VIII V III VIII VI II VIII VIII I III II I II VI II VIII VI II I II I III I I I II
RECEPTION#: 638386, R: $0.00, D: $0.00
DOC CODE: RESOLUTION
Pg 1 of 2, 0511712017 at 09:44:47 AM
Janice K. Vos Caudill, Pitkin County, CO
Resolution No. PZ- -.1--2017
Page 2
NOTICE OF THE PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES
WEEKLY ON THE 30' DAY OF MARCH 2017.
FOUND IN CONFORMANCE WITH THE DOWN VALLEY MASTER PLAN by the Planning
Commission this 21 Day of May, 2017.
PLANNING AND ZONING COMMISSION
OF PITKIN COUNTY, COLORADO
//
W06nklin, Chair
5—/ z/zot�
Date
ATTEST:
( -nklie St -).les
Bonnie Shiles, Administrative Assistant
AS TO FORM: APPROVED AS TO CONTENT:
c
Attorney Cindl ouben, Communi elopment Director
I k u &Sir
P013-17
PID 246721400008;246727201802;246727201803
STAFF
MEMO
MEMORANDUM
TO: Pitkin County Planning and Zoning Commission
FROM: Tami Kochen, Planner
RE: Lazy Glen Open Space Location and Extent Review
DATE: May 2, 2017
SUMMARY OF REQUEST: The Applicant is requesting Location and Extent review approval to
implement the Lazy Glen Management Plan, and construct associated improvements including a bridge
across the Roaring Fork River connecting the Lazy Glen Subdivision to the Rio Grande Trail, parking area
enhancements, agricultural operations, soft surface trail connections to the adjacent BLM land, and to
legalize a unpermitted dwelling unit, and conduct stream restoration and wildlife management activities.
APPLICANT: Pitkin County Open Space and Trails
REPRESENTATIVE: Jessie Young
LOCATION: The Lazy Glen Open Space area is located approximately 1/2 mile from the intersection of
Highway 82 and North River Road. It is bordered by the Roaring Fork River to the southwest, Bureau of
Land Management to the northeast, the Rio Grande Trail on the north, and the Lazy Glen Subdivision to the
northwest.
ZONING/PARCEL SIZE: The area is comprised of three parcels including Parcel Nos. 246721400008,
246727201802, 246727201803. They contain 43.28acres, 1.444 acres, and 29.987 acres respectively. All
three parcels are zoned AR -10.
EXISTING CONDITIONS/BACKGROUND: The first Lazy Glen Open Space parcel (Parcel No.
246721400008) acquired by the Pitkin County Open Space and Trails Department (OST) was purchased in
March of 2015. This parcel includes one mile of river frontage, water rights, a barn structure containing
equestrian stalls, one legal CDU (Occupancy Deed Restriction and Agreement recorded as reception No.
391174), one illegal dwelling unit, a riding arena, and irrigation infrastructure. Parcel Nos.
24672727201802 and 246727201803 were acquired in February of 2016. In May of 2016 the Pitkin
County Open Space Board approved the Lazy Glen Open Space Management Plan after an extensive
planning process including public outreach and collaboration.
In summary, the Management Plan proposes that fields on the upper bench of the open space will be
opened to agricultural leasing through Pitkin County's agricultural lease bid process, while existing fruit
trees on the land will be pruned to improve their long-term health and productivity. Ongoing wildlife
monitoring on Lazy Glen and adjacent lands will continue, and a seasonal closure of Bionaz Gulch will
be implemented to protect wildlife habitat. Along the Roaring Fork River, riparian -area restoration will
be explored with the goal of improving habitat.
Recreation that is compatible with Lazy Glen's habitat and potential agricultural use will be
accommodated, including a bridge and trails linking Lazy Glen subdivision to the Rio Grande Trail,
possible Nordic grooming, angler access and areas for private boaters and kayakers to stop along the
river. On the south side of the river, an off -leash area for dogs under voice and sight control is proposed.
The existing barn currently includes 1 legal, and 1 illegal dwelling unit. Improvements required to obtain
a Certificate of Occupancy through the Community Development Department for the illegal dwelling
unit will be pursued. Demolition of a house on the property has already been completed and a small
parking lot constructed in its place.
A License Agreement with the Roaring Fork Transportation Authority (RFTA) allowing for public
motorized access and the ability to maintain the irrigated areas with in the RFTA right-of-way was
recorded at Reception No. 630279.
Prior to County ownership, a non—exclusive fishing and boating easement was granted to the County
within the Roaring Fork River and 5 feet above the high-water line. Other easements on the property
include Holy Cross Electric and Ute Electric overhead electrical easements, Rocky Mountain Natural
Gas Company pipeline easement, and RFTA trail easement for a portion of the Rio Grande Trail.
PROCEDURE/PROCESS: C.R.S 30-28-110(1) provides that the Planning Commission shall review
the location and extent of public projects proposed by a governmental entity in the unincorporated area of
the County for conformance with the applicable comprehensive plan or master plan. The Planning
Commission's action on a Location and Extent proposal is essentially "advisory", as disapproval may be
overruled by the governmental jurisdiction making the proposal. No other land use review is required.
REFERRAL COMMENTS: The application was referred to the Town of Basalt. A letter of support
from the Town of Basalt is found in Attachment A.
STAFF COMMENTS: The Down Valley Master Plan was adopted in 1987 and is applicable for this
review. The Applicant has correctly identified and addressed the Land Use Goals and Objectives section
and the proposed plan shows consistency as outlined below:
1. The "Agricultural Lands and Preservation of Open Space" goal seeks to preserve agricultural
operations and open space in agriculture to maintain rural character. The Applicant proposes to
continue agricultural production on the upper bench which was historically utilized for agriculture.
Portions of the lower bench may be used for future grazing. The existing barn and dwelling unit
directly support the agricultural operations.
2. The `Environmental Quality" goal seeks to preserve environmentally sensitive areas, as well as soil,
air, and water quality. With approximately one mile of river frontage, the Applicant proposes to
evaluate the riparian areas in order to establish healthy riparian vegetation and habitat. Future plans
include small paths, benches, plant labels, and educational signage to further promote the
importance of protecting riparian areas.
3. The "Transportation" goal seeks to provide a safe environment for all modes of transportation
including bicycles. By providing a bridge connection between the Lazy Glen Subdivision, residents
and visitors will have improved access to the Rio Grande Trail corridor reducing the need to drive
to a trail head.
2
4. The "Wildlife" goal seeks to preserve and protect wildlife habitat areas for the benefit of wildlife,
residents, and visitors. The property will protect lands that have been identified as wildlife habitat
for deer, elk, bear, bald eagle, and osprey. The proposed management plan calls for wildlife
monitoring to adjust management actions and activities if needed. The Bionaz Gulch portion of the
property will have seasonal closures for wildlife protection.
5. The "Scenic Quality" goal is to preserve and enhance scenic quality. The open space land be
preserved in its rural and open state with the proposed agricultural uses and preserved habitat areas.
6. The "Public Land" goal seeks to preserve and enhance public lands for the benefit of ranchers,
residents and visitors, as well as maintain public access for pedestrians, horseback riders, and
bicyclist in conjunction the Forest Service and BLM. The proposed bridge and trail improvments
will provide access to the BLM land to the north of the property, Pitkin County Open Space, and
the Rio Grande Trail.
7. The "Agricultural Lands and Preservation of Open Space" goal specifically seeks to "provide safe,
affordable housing in a variety of types and styles for all residents... And provide on-site housing
for family members and/or ranch employees." The barn structure currently contains a legal deed
restricted CDU occupied by the agricultural leasee, and an illegal one bedroom dwelling unit. The
Applicant proposes to legalize the bandit unit with the appropriate permits and occupy it with a
Pitkin County employee or resident. Staff recommends that prior to occupancy of the unit, proof of
legal water supply is established, and the appropriate building and septic permits are obtained, and a
Certificate of Occupancy is issued.
RECOMMENDATION: Staff recommends that the Planning Commission approve the location and
extent review for the Lazy Glen Open Space Improvements, subject to the attached Resolution.
Application provided separately
ATTACHMENT A
April 18, 2017
1901
Tami Kochen BASALT
Pitkin County Community Development Department
130 S. Galena Street
Aspen, CO 81611
RE: Referral Comments- Lazy Glen Open Space Location and Extent
Dear Tami,
Thank you for the opportunity to respond to your referral on the Lazy Glen Open Space
Location and Extent Application.
The following comments reflect the opinions of the Basalt Planning and Zoning
Commission.
Comments:
1. The Town P&Z fully supports the proposed Application.
2. In addition, the Basalt Parks, Open Space and Trails (POST) Committee
reviewed the request at their April meeting and voiced their support for the
improvements outlined in the Location and Extent Application.
The comments above are referral recommendations made to Pitkin County. The Town
recognizes that Pitkin County is responsible for reviewing all of the input on this matter
and the Town does not have the jurisdictional authority to make the decision on these
issues.
If you have questions about the above comments or need clarification, please contact
Susan Philp or James Lindt in the Town Planning Department at 970927-4701.
Sincerely,
6av
Dylan Johns, Chair
Planning and Zoning Commission
Town of Basalt
CC: Basalt Town Council
Basalt Planning and Zoning Commission
Susan Philp, Town Planning Director
James Lindt, Assistant Planning Director
101 MIDLAND AvE. • BASALT, CO 81621.970-927-4701 - FAx 970-927-4703 • www,basakna
RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF PITKIN COUNTY,
COLORADO, FINDING THE LAZY GLEN OPEN SPACE IMPROVEMENTS LOCATION AND
EXTENT REVIEW IN CONFORMANCE WITH THE 1987 DOWN VALLEY MASTER PLAN
Resolution No. PZ- -2017
RECITALS
The Pitkin County Open Space and Trails Department (OST) (hereafter referred to as the "Applicant'
has applied to the Planning and Zoning Commission of Pitkin County ("Planning Commission") to
obtain approval for Location and Extent Review to implement the Lazy Glen Management Plan and
construct associated improvements including a bridge across the Roaring Fork River connecting the Lazy
Glen Subdivision to the Rio Grande Trail, parking area enhancements, agricultural operations, soft
surface trail connections to the adjacent BLM land, to legalize a unpermitted dwelling unit, and conduct
stream restoration and wildlife management activities.
2. The property commonly known as the Lazy Glen Open Space is comprised of three parcels including
Parcel Nos. 246721400008, 246727201802, 246727201803 and are legally described in Exhibit A. All
three parcels are zoned AR -10.
3. Pursuant to C.R.S 30-28-110(1), and Land Use Code Section 2-30-30(h)(10), the Planning
Commission finds that Location and Extent Review for the proposed Lazy Glen Open Space
improvements is the only applicable review for the proposal.
4. The Planning Commission reviewed the application at a duly noticed public hearing on May 2nd, 2017
at which time evidence and testimony were presented with respect to this application.
5. The Planning and Zoning Commission further finds the proposed improvements are consistent with
the 1987 Down Valley Master Plan
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission that it hereby finds
that the Lazy Glen Open Space Improvements Location and Extent Review are in conformance with the
Down Valley Master Plan, subject to the following conditions:
1. The Applicant shall adhere to all material representations made during the application process or in
public meetings or hearings and shall consider those representations to be conditions of approval.
2. The Applicant shall apply for, and obtain a building permit and floodplain permit for the construction
of the bridge.
Prior to occupying the unit, the Applicant shall apply for, and obtain a building permit for the
improvements required to legalize the bandit dwelling unit in the barn. Proof of legal water supply
and permitted Onsite Wastewater Treatment System are required.
4. Grading and fill placement activities that exceeds fifty cubic yards shall require an earthmoving
permit.
5. Failure to comply with these conditions of approval may result in revocation of this permit or any
subsequent permits related to this property or vested rights associated with this property.
Resolution No. PZ- -2017
Page 2
NOTICE OF THE PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES
WEEKLY ON THE 301' DAY OF MARCH 2017.
FOUND IN CONFORMANCE WITH THE DOWN VALLEY MASTER PLAN by the Planning
Commission this 2' Day of May, 2017.
PLANNING AND ZONING COMMISSION
OF PITKIN COUNTY, COLORADO
Jeff Conklin, Chair
Date
ATTEST:
Bonnie Shiles, Administrative Assistant
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
John Ely, County Attorney Cindy Houben, Community Development Director
P013-17
PID 246721400008;246727201802;246727201803
EXHIBIT "A"
LEGAL DESCRIPTION
PARCELA
A tract of land being part of Tract 68 situated in the Southwest 1/4 Southwest 1/4 of Section 22 and in the
Northwest 1/4 Northwest 1A of Section 27, Township 8 South, Range 86 West of the Bin P.M., said tract
Is more fully described as follows:
Beginning ata point on the Southwesterly edge of the Denver & Rb Grande Railroad right-of-way, whence
the witness comer to the Northwest Comer of sold Section 27 (a U.S.G. L.O. Brass Cap) bears S
83`57'23" W 330.54 feet;
thence S 34°10'17" E 255.13 feet along Na Southwesterly edge of said R.O.W.;
thence South 240.00 feet to a point on the Northeasterly bank of the Roaring Fork River,
thence N 69°53'47' E 165.64 feet along said bank of river;
thence North 366.00 feet to the point of beginning.
PARCEL B:
A tract of land situated in Tracts 65, 66, 67 and 68, said Tracts being parts of Section 21, 22, 27 and 28,
Township 8 South, Range 86 West of the 6th P.M., and being more fully described as follows:
Beginning at Angle Point No. 1 of said Tract 65,
thence North 304.32 feet to Angle Point No. 2 of sold Tract 66;
thence S 87"3613" E 1463.30 feet to Angle Point No. 1 of said Tract 66;
thence South 1636.38 feet to Angle Point No. 4 of said Tract 66;
thence N 88,15'00" E 399.30 feet along the North line of said Tract 66, to the Northwest comer of that
certain tract of land conveyed to Otto L. Kuehn, afkla Odie Kuehn, by Deed recorded August 29, 1967 in
Book 228 at Page 526 of the Pitkin County records;
thence South 2172.75 feet along the West line of said Tract conveyed to Otto L Kuehn to the Northerly
dght-of-way line of Colorado State Highway No. 82;
thence N 46°54'201 W 1051.73 feet along the Northerly dghtroFway line of Said Highway;
thence along the arc of a curve to the right having a radius of 1860.00 feet a distance of 681.73 feet along
said right-of-way;
thence N 25°64'19" W. a distance of 513.50 feet along said right-of-way;
thence along the arc of a curve to the left having a radius of 2342.00 feet a distance of 407.14 feet along
said right-of-way to the most Southerly comer of that Tract of land described in Book 214 at Page 566 of
the Pllkin County Records;
theme N 65°26'00" E along the Southerly line of said Tract to the center of the Roaring Fork River,
thence Northwesterly along the cannoneer of said river to the North line of said Tract 65:
thence S 89°23'20" E 1125.16 feel to Angie Point No. 1 of said Tract 65, the point of beginning.
EXCEPT that part of the above described parcel previously conveyed to the Denver and Rio Grande
Western Railroad Company, being a slip of land 100 feet on either side of the cenlerllne of the tract of the
O & R G W RR as presently constructed and In place over and access the above described tract.
EXCEPT Final Plat of the Johns Lot Line Adjustment and 1st Amendment to the Naylor Lot Split,
according to the Plat thereof recorded In Plat Book 36 Of Page 51.
EXCEPT that portion of the subject property conveyed the the Colorado Department of Transportation in
Deed recorded April 3, 2001 as Reception No. 452977.
EXCEPT that portion of the subject property conveyed by Deed recorded July 28, 2006 as Recepuon No.
526970.
3'>?0023
Lazy Glen Open Space I Location and Extent Application 29
Parcel H:246721400008,246727201802,246727201803
APPLICATION
MATERIAL
?'eACF B
n �r
OST Memorandum
r�ry COV
TO:
Tami Kochen
FROM:
Jessie Young
SUBJECT:
Lazy Glen Location and Extent Review - Addendum
DATE:
4/24/2017
CC:
Paul Holsinger, Lindsey Utter
This memo is an addendum to the Location and Extent Review for the Lazy Glen Open Space
submitted to Community Development on February 9, 2017 and being reviewed by the
Planning and Zoning Commission on May 2, 2017.
Open Space and Trails would like to add more details to the Maintenance Actions, Barn
Improvements action item included in the Management Plan and the Location and Extent
application. Currently there are two dwelling units on-site which are part of the existing barn;
however, only one meets the building code requirements for a legal unit. The one -bedroom
legal unit is currently being leased through OST's agricultural bid process as a deed restricted
caretaker dwelling unit according to Reception # 386442, Book 796 Page 830. Staff intends to
apply for a building permit to make improvements to the second one -bedroom dwelling unit by
adding an exterior door, and any other improvements, to meet the building code requirements.
The barn and apartments are both served by an existing well and sewer. OST does not plan to
place a deed restriction on the second unit, however, the intent would be to lease the unit to
an employee and/or resident of Pitkin County, with priority given to County employees. No
additional employee or residential dwelling units are currently being contemplated at this site.
OCCUPANCY DEED RESTPJC77ON AND AGREEMENT
FOR A CARETAKER DWELUNG UNrr
APPROVED PURSUANT TO SECTION 3.150,130
OF THE PITK/N COUNTY LAND USE CODE
TMS AGREEMENT is made and entered into this Li1ji day of Maul ION. by Gregory and
Pamoia gryneff (MnmaRer referred to se "0~), whop addnMa is 0088 North River Road, located
o the County Of Pthom, and the hspsNPitkin County Houeing Authanty, a rrnukti Jta40k5onal houaing
authority pyh4aNd Purouarrt to theAMENDEDAND RESTATEDINTERGOVERNMENTAL AGREEMENT
recorded in Book 505 and Page 751 W the lam Of the Pitkin County park aro RecordN$ Off a
(he*naRw referred to a "Authority")
WITNESSETH
WHEREAS, Owner owns reel property mare apeWk ey described In Exhibit W p recorded in Book
786 at Page 830, Reception No. 386"2, of the PMcin County Clark and Reoorcwg Office wfach a
attached hereto and incorporated herein (h'r*WWW Mmmd to as `R911611 conlaeal Property), which Reale
located i cLnta I bam�h (amber of bedmmg). aoprmants" 645 net tivpge square lost andisu
(location of unit) approved by the Board of County Commissioners
prO wm b Re'40'ap un No. 85.174. FW Purposes of We Agreement, the CaMe4er Una, the Real
Pftim" 1 and N appurtenance', improvements and Routes associated therawah SW hereinaller be
Merced o tl the "Property"; and
Wf1EREAS, this AOroemefd "Po dertair. covenants upon Me Proparry which restrict the use wld
octuPancy at the Caretaker Unit to wrlployees and their families who AM employed in pan County and
meet the qualifioafion guklalines established and indexed by the Authority on an annual bub or to
members of the immadiaM family of the Cwrier
NOW, THEREFORE, in coneitlwabon N the mutual promises and oblpatlont contained hertin, the
Own- hereby Corensnts and agrees as follows.
1. Own- hereby covenants that the Caretak- UNI described abrnn al -mill not be condominhanced.
The CaaeWr Unit shall be constructed as a separate dw#Mg unit so of to be capable of being
ocaplad separately from the Principal residence.
2. The Yea and dxuM" Of the Caretaker Unit shall hencre(Wh be hnaed to occupancy by M IoM
than taro (2) i dub and Misted children, who an employed in Pitkn County and who mast the
dsfndsi of "smPbYW as that farm is defined by the qualification guidelines, estabiehsd and
Indexed by the Authority on an annual btlis, or membsn or the knmedMy fam* of the Owner.
"Immediate family" shall mean a person related by blood W marriage which is a first cousin for chmer
Mfg ive) and his or her children. Owner &hall have the right to lease the Caretaker Unit to a
"qu2W*d OmPlpyee" of his own selection. Such individual may be an employee of the Owner,
Provided such person(') Millie the Mqulrememe of a qualdad employee.
3. Owner "A not be reWjmd to rem the Caretaker Una, however, when Mmes, w'rRten verification of
"Vidyment of empoyes(s) Proposed o reside in the howaar, 1ha shall C. mmplatsd and nfilof
with the Authority by me Owner prior t0 occupancy thereof, and such vanfic"m must be acceptable
o this Authority
391174 03/26/96 03205P PS 1 OF 4
REC DOC UCC
SILVIA DAVIS PITKIN COUNTY CLERK d RECORDER 21.00
/0 r y
4. Lease agreements e)o=wd for occuprcy Of the Caretaker Unk shag provide for a remN term of
not NM Oen abr (6) oorwcutwe monf s. A signed end eXeoulcd copy of the in" sha11 be Provided
to the Authority by de CWMr wiNin en (10) days of approval Of the amployee(s) for the Cargalw
Ung.
5. 7M All co Wn may be removed by the Owner With the approval of Ne Pannvlg Director of Pitkin
County. subject to the requirement that the Caretaker Unit is removed or modiRed. It modified, the
remaining Improvemend must no WW be COPabte of Occupriq M 8-DwNling Untr as defined
in the Phkin County Land Use Coda ant must meet otherwae applicable cods requirertents.
8. Unless modleW as slated above, On Agreement s -all Constitute covenantal runnhtg wVM me Real
Property as a burden meson for ft brnsfit of, and shell be speceleally eMoreeebe by, the
Authority, the Board of Co," Commissionm of me County of Pitkin, Colorado. W neif respectwe
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391174 03/26/96 03:05P PG 4 OF 4
4
LAZY GLEN OPEN SPACE
Location and Extent Application
February 9, 2017
0000n1 di bZ9
February 9, 2017
Mike Kraemer, Planner
Community Development Department
Pitkin County, Colorado
130 S. Galena Street
Aspen, CO 81611
RE: Lazy Glen Open Space — Parcel IDs: 246721400008, 246727201802, and 246727201803
Pitkin County Open Space and Trails is requesting a Location and Extent Review for the implementation of
the Lazy Glen Open Space Management Plan for the Lazy Glen parcel (aka the Kirianoff South Parcel)and the
Bionaz Parcel pursuant to Section 2-30-10(h)(10) of the Pitkin County Land Use Code and Section 2.2.23 of the
Pitkin County Land Use Application Manual. The Lazy Glen Open Space Management Plan was adopted by the
Pitkin County Open Space and Trails Board in May 2016 after a robust planning process including significant
public outreach and collaboration. The plan outlines several management actions and planned improvements
for the property which are detailed in the attached Lazy Glen Open Space Management Plan. The planned
improvements include the construction of a bridge across the Roaring Fork River connecting the Lazy Glen
Subdivision to the Rio Grande Trail, parking area enhancements, agricultural operations, stream restoration,
soft surface trail connections to the adjacent BLM land, and wildlife management.
The following application materials include a written response addressing how the proposed improvements
support the goals and objectives outlined in the 1987 Down Valley Master Plan and the materials required in
the pre -application conference summary and identified code sections.
We hope to proceed to a public hearing with the Pitkin County Planning and Zoning Commission in April,
2017. Please contact me if you need additional information, have any questions, or if you wish to discuss the
application in general.
Sincerely,
Jes i Y ng
Pitkin County Open Space and Trails
970.920.5224
jessie.young@pitkincounty.com
806 West Hallam St I Aspen, CO 81611
000002
Lazy Glen Open Space I Location and Extent Application
Parcel #: 246721400008, 246727201802, 246727201803
TABLE OF CONTENTS:
1. INTRODUCTORY INFORMATION AND CODE COMPLIANCE
Parcel Description 8
History and Background Information 8
Vicinity Map 9
Existing Conditions 10
Proposed Management Actions & Site Improvements 11
Code Compliance - Section 2.30.30 (h)(10): Location and Extent Review 12
2. SITE PLAN 17
3. ATTACHMENTS
1.
Agreement for Payment of Land Use Application Fees Form
22
2.
Pre -application Conference Summary
23
3.
Property owners within 300 feet
25
4.
Warranty Deed -Lazy Glen Parcel
27
5.
Warranty Deed - Bionaz Parcel
32
6.
Title Policy - Lazy Glen Parcel
37
7.
Title Policy - Bionaz Parcel
51
8.
Access License
62
9.
Bridge and Access Easement
86
000013
Lary Glen Open Space I Location and Extent Application
Parcel #: 246721400008, 246727201802, 246727201803
61
1. INTRODUCTORY INFORMATION
AND CODE COMPLIANCE
0000,94
Lary Glen Open Space I Location and Extent Application
Parcel #: 246721400008, 246727201802, 246727201803
PARCEL DESCRIPTION
STREET ADDRESS:
99 North River Rd
Snowmass, CO 81654
and
26501 Highway 82
Snowmass, CO 81654
The Lazy Glen Open Space properties are located approximately 0.5 miles to the northwest from the
intersection of Highway 82 and North River Road. Vehicular access to the property is provided from a shared
driveway with the adjacent property at the terminus of North River Road.
LEGAL ADDRESS:
The legal descriptions for parcels are included in the Warranty Deeds and Title Policies in Section 3 of this
document.
HISTORY AND BACKGROUND INFORMATION
Pitkin County Open Space and Trails purchased the bulk of Lazy Glen Open Space in March of 2015. The
original purchase included 40.2 acres, one mile of river frontage, water rights, a large barn and the potential to
connect the subdivision of Lazy Glen to the Rio Grande Trail. The 32.9 -acre Bionaz Gulch purchase closed on
February 19, 2016, providing a public land connection between the Roaring Fork River and Rio Grande Trail to
Bureau of Land Management property to the north.
The Lazy Glen Open Space Management Plan for the two properties provides the background and details of
each management action. A copy of the plan is included as an attachment to this application. The Management
Plan was approved by the Pitkin County Open Space Board, in May 2016. A License Agreement (Reception #:
630278) executed in June, 2016 allows for public motorized access and the ability to maintain the irrigated
areas within the Roaring Fork Transportation Authority's railroad right of way (see attachment #8).
In November, 2016 the Lazy Glen Home Owners Association granted a bridge and access easement to the
county. The easement, recorded as Reception #634209, includes public vehicular and pedestrian access, a
bridge easement for access and construction, and space for three parking spaces (see attachment #9).
The open space properties create a unique opportunity to fulfill all of the elements in the Open Space and Trails
mission. The management plan establishes a vision that includes not only a pedestrian bridge to provide safe access
to the Rio Grande Trail for the residents of the Lazy Glen subdivision, but a place for both river and Rio Grande
Trail users to pause and enjoy the surroundings in a rural landscape. The open space presents an opportunity to
showcase riparian -area restoration, to protect a wildlife corridor linking the river to substantial public lands to the
north and to accommodate small-scale agriculture. Wildlife habitat protection/enhancement and agricultural leasing
opportunities are balanced with appropriate recreation and passive enjoyment of the resource.
0 0 0 DO 5)
Lazy Glen Open Space I Location and Extent Application
Parcel #: 246721400008, 246727201802, 246727201803
EXISTING CONDITIONS
Lazy Glen Open Space encompasses 72 acres in unincorporated Pitkin County. The property is located adjacent
to the Roaring Fork River to the southwest and Bureau of Land Management property to the northeast. The
Rio Grande Trail travels along the northern boundary of the property and a private parcel is located north
of the trail. The property has an impressive variety of vegetation communities which include pinon/juniper
hillsides, irrigated meadows, wetland and riparian areas, the Roaring Fork River and an ephemeral gulch.
Fishing easement — Prior to County ownership, a non-exclusive fishing and boating easement was
granted to the public within the Roaring Fork River and 5 feet above the high-water line. A 5 -foot
"south' fishing access easement exists along the far southwest boundary of the property between
Highway 82 and the Roaring Fork River.
Four (4) Overhead Electric Line Easements — (1) 20 -foot -wide Holy Cross easement traveling across
the southwest corner and, (2) a 25 -foot -wide Holy Cross easement crossing the Roaring Fork River
and supplying power to the irrigation pump for the Wheatley Ditch enlargements, (3) a 25 -foot -wide
Colorado — Ute Electric easement exists across the Bionaz property and (4) an adjacent 100 -foot
Colorado — Ute Electric easement exists across the Bionaz property.
Trail Easement —A trail easement exists on the property where the Rio Grande Trail travels outside the RFTA
corridor and onto the property in two locations.
Rocky Mountain Natural Gas Company Easement —A 50 -foot underground gas pipeline easement exists
across the Bionaz portion of the open space to maintain, operate, repair, alter, inspect, protect, remove
and replace infrastructure.
Agriculture
Lazy Glen Open Space has three (3) sprinkler -irrigated meadows or approximately 10 acres. Prior to County
ownership, the property was maintained as an equestrian property and the meadows were grazed by horses.
Structures
Lazy Glen Open Space currently has improvements including several existing structures:
Barn —The barn is approximately 5,000 square feet and was primarily used in conjunction with equestrian
activities. Two (2), one (1) -bedroom living units were developed within the barn as caretaker facilities.
The unit in the southeast corner of the barn is the legal dwelling.
Riding Arena — An unenclosed riding arena exists on the property north of the barn. It is currently a flat,
sandy area with no vertical structures.
Irrigation Infrastructure —Two (2) utility boxes are located on the property to supply power to the
irrigation infrastructure. One utility box supplies power to a large pump located along the bank of the
Roaring Fork River to divert the Wheatley Ditch water rights. The other utility box is located near the
pond and supplies power to the sprinkler system for both Lazy Glen Open Space and the parcel to the
north.
0000111-1
Lary Glen Open Space I Location and Extent Application 10
Parcel N:246721400008,246727201802,246727201803
PROPOSED MANAGEMENT ACTIONS & SITE IMPROVEMENTS
The management actions outlined in the Lazy Glen Open Space Management Plan are divided into four areas:
Agricultural, Natural Resources, Recreational Use, and Maintenance Management Actions. Action items within
these sections are detailed in the attached plan and are summarized below.
Agricultural Management Actions
Leasing of Identified Agricultural Areas - Based on current and historic irrigation and the topography of
the property, the two upper irrigated meadows, the riding arena, barn and dwelling unit will be leased
in accordance with the Agricultural Lease Bid Process. The identified agricultural lands will be made
available for agricultural uses including small -animal husbandry. The lower benches will be irrigated but
not included within an agricultural lease. OST staff may permit the agricultural lessee to graze the lower
bench areas when conditions are appropriate. The land lease will contain appropriate language regarding
fencing requirements and maintenance, water rights use, agricultural improvements, etc., dependent on
the lessees' operation. OST staff will incorporate appropriate language within the land lease based on the
lessees proposed operation to address specific resource issues and to protect and mitigate any wildlife
impacts or possible nuisances.
Natural Resource Management Actions
Wildlife Monitoring - OST will work with CPW and the BLM to monitor any changes to the wildlife use
and movement patterns on Lazy Glen and the surrounding area. If any change to management of Lazy
Glen is necessary, an update to the Management Plan will be created for public comment. In the future,
OST may group Lazy Glen with other Open Space properties for a greater, regional, consultant -assisted
wildlife study.
Evaluate the Riparian Area Condition, Re-establish Healthy Riparian Vegetation and Habitat - Staff
will work with a consultant, the Roaring Fork Conservancy and the Healthy Rivers and Streams Board
to determine the best way to re-establish a healthy riparian habitat. The re-established area could be
used as an example and an education tool by our partners to encourage others to re-establish a healthy
riparian edge. This may include small paths, benches, plant labels and educational signage.
Renewable Energy - OST is open to renewable energy proposals on Lazy Glen Open Space that are
compatible with other approved uses and meet the mission of Open Space and Trails, however no
proposal renewable energy facilities are currently planned.
Recreation Management Actions
Lazy Glen Bridge and Trail Connection - Staff has been working with consultants to design a bridge
and trail connection between Lazy Glen subdivision and the Rio Grande Trail. The preferred design is
a prefabricated steel truss bridge which is consistent with OST improvements in other locations. This
bridge design is the best fit for the design considerations including context sensitivity, complementing
the natural surroundings, overall cost (including long-term maintenance), constructibility and floodplain
impacts. The bridge will be located at the up -valley end of the Lazy Glen subdivision, crossing the Roaring
Fork River (see the site plan). The trail linking the new bridge to the Rio Grande Trail will most likely take
two routes: One will be more direct, going east from the bridge to the Rio; it will require crossing the
Roaring Fork Ditch and, potentially, stairs. A route on a more gradual grade will cross the lower bench,
roughly following the existing two -track road, cross over the ditch on an existing culvert and connect to
the Rio. Lazy Glen HOA granted a bridge and access agreement including space for two parking spaces to
the County to facilitate the construction of the bridge.
Fishing and River Access - Fishing access is allowed through the property. Anglers are encouraged to use
existing routes and discouraged from trampling riparian vegetation. Staff will monitor angler routes and,
if needed, restore and reroute access to avoid riparian damage.
Lary Glen Open Space i Location and Extent Application 11
Parcel p: 246721400008, 246727201802, 246727201803
Public Parking - A small, public parking area will be constructed at the location of the previous homesite.
As part of the Lazy Glen Bridge easement, obtained three public parking spaces adjacent to the bridge.
Nordic Storage and Grooming - The mid -valley Nordic snowcat and associated materials are stored
year-round in the existing barn. A new, more direct access connecting the north end of the barn to
the Rio Grande Trail will be explored. The access would separate Nordic use from the Ag lessee(s) and
help alleviate melt -out issues on the current routes. A large loop may be groomed on the upper bench,
Meadows A and B, but must be arranged and coordinated with the agricultural lessees(s). The trail
connecting the bridge to the Rio Grande, through the lower bench, may also be groomed and connect to
the upper groomed loop.
Bionaz Gulch Access - Property boundaries for Bionaz Gulch and the unimproved "trail" access to the
BLM lands will be signed, including a sign along the Rio Grande Trail.
Rio Grande Trail Node Plan - The Lazy Glen Open Space may be used for future Rio Grande Node
elements such as benches, signage, river access and restrooms if it is deemed appropriate in the Rio
Grade Node Planning Process.
River Access Trails and Amenities - During the riparian planning, river access trails and amenities like
benches will be incorporated where appropriate, with healthy riparian habitat being the priority.
Maintenance Actions
Weed Monitoring and Noxious Weed Plan - Lessees will be responsible for noxious weed management
as specified in their lease. OST Staff will work with lessees on developing a noxious weed management
plan to be included in their annual operating plan. Areas located outside the lease areas will managed by
the OST department.
Demo of House and Debris Pile Removal - The Open Space and Trails Board and the Board of County
Commissioners agreed to the demolition of the existing house on the property in 2016 and the removal
of a debris pile. This prior home site will be utilized for the additional public parking needs and the site of
the debris pile has been seeded with Pitkin County irrigated seed mix.
Water Rights Maintenance - Significant water rights are tied to the open space and will be fully exercised
by potential lessees or OST staff to accomplish the goals of the management plan. Lessees of the
agricultural areas will be responsible for exercising the water rights on the lease areas. OST staff will
work with the lessees on monitoring application of water.
Barn Improvements - OST Staff will define and separate the Nordic and agricultural uses within the
existing barn. Six hundred square feet will be allocated accommodate the Nordic operational needs.
Additionally, staff will work to evaluate what it would take to make a second legal living unit within the
barn.
RFTA Access and Management Agreement - Staff has obtained an access license with RFTA to allow
public, motorized access in the RFTA right-of-way and the ability to maintain the irrigated areas within
the right-of-way.
Driveway Maintenance Agreement - Staff will work with adjacent property owners, who share the
driveway for property access, on a Driveway Maintenance Agreement.
Trash/Dog Pot Responsibilities with Lazy Glen HOA - OST encourages pack-in/pack-out ethics for trash/
dog pot facilities but recognizes that the property's proximity to a subdivision may mean trash facilities
require additional oversight. Staff will work with the Lazy Glen HOA on responsibility for these facilities.
Lary Glen Open Space I Location and Extent Application 12
Parcel p:246721400008,246727201802,246727201803 000T,19 .
CODE COMPLIANCE - SECTION 2.30.30 (H)(10): LOCATION AND EXTENT REVIEW
(a) The purpose of the location and extent review is to determine whether any proposed road, park, or other
public way, ground, or space, or public building or structure, or public utility, whether publicly or privately
owned is in conformance with the applicable Comprehensive Plan or Master Plan.
Response — The 1987 Down Valley Master Plan's Land Use Goals and Objectives list Agricultural Lands
and the Preservation of Open Space in addition to Scenic Quality as top priorities. The Lazy Glen Open
Space is within the Emma/Basalt Planning Area and is identified within the scenic foreground area. In
general, the public acquisition of roughly 73 acres of land embodies the overall theme of the Down Valley
Master Plan to promote land -use patterns that preserve open space for scenic quality, rural lifestyle and
habitat protection. Preserving the land as public open space furthers the goals for the scenic foreground
by precluding the parcels from new development. The following documents the Lazy Glen Open Space
Management Plan's compliance with specific goals and objectives documented in the 1987 Down Valley
Master Plan. The adopted Management Plan supports a number of the Master Plan's goals including
sensitivity and restoration of wildlife habitat and riparian zones adjacent to the Roaring Fork River,
facilitating agriculture operations, and perpetuating the rural character of the Down Valley area.
Down Valley Master Plan Goal #2: Agricultural Lands and Preservation of Open Space
Preserve agricultural operations and open space in agriculture to maintain the rural character of the Down
Valley Area and to enhance the Pitkin County resort economy.
Response: The Lazy Glen Open Space Management Plan encompasses over 73 acres along the Rio Grade
Trail and within the scenic foreground area which will be preserved in public ownership as agricultural
and open space lands. The Management Plan identifies two historically used agricultural areas on
the upper bench, approximately 14% of the open lands, will be which will be leased for agricultural
production. Additional lands on the lower bench may be used for grazing when/if appropriate. The plan
stipulates that the water rights tied to the open space be exercised by the lease holders, furthering
objective "e" of the Master Plan to maintain minimum stream flows and water rights for agricultural uses.
The existing barn on the property and living accommodations are being made available to the lessee to
support successful agricultural operations.
Down Valley Master Plan Goal #3: Environmental Quality
Preserve environmentally sensitive areas and the quality of soil, air and watersheds.
a. Identify environmentally sensitive areas based on the mapping within the Existing Conditions Report
and discourage development from occurring in the environmentally sensitive and hazardous areas.
b. Protect riparian areas from development.
c. Monitor air, water and soil quality and investigate programs to protect these resources.
g. Encourage the use of mass transit along major transportation corridors in order to decrease automobile
emissions.
h. Consider dust control measures for unpaved County Roads.
i. Develop public and private programs to control weeds.
Response: The Lazy Glen Open Space Management Plan's Natural Resource Actions address the Master
Plans goals for environmental quality. With one mile of river frontage, important riparian and wetland
habitats are protected within the Lazy Glen Open Space. The plan also calls for the evaluation of riparian
areas and the re-establishment of healthy riparian vegetation and habitat. The re-established area
could be used as an example and an education tool by our partners to encourage others to re-establish a
healthy riparian edge. This may include small paths, benches, plant labels and educational signage.
Lazy Glen Open Space I Location and Extent Application c O O O i n 13
Parcel #: 246721400008, 246727201802, 246727201803
The addition of a bridge connection from the Lazy Glen Subdivision to the Rio Grade Trail provides
important, non -motorized access for both commuters and those seeking to recreate along the Rio
Grande Trail. This connection will mitigate the need to drive to another trail head to access the Rio
Grande Trail and thereby reduce automobile emissions.
Weed Monitoring and a Noxious Weed Plan is addressed in the Management Plan for the property. OST
Staff will work with lessees on developing a noxious weed management plan to be included in their
annual operating plan. Areas located outside the lease areas will be managed by the OST department.
Down Valley Master Plan Goal #4: Wildlife
Protect wildlife and preserve wildlife habitat areas for the benefit of wildlife, residents, and the resort
economy.
Response: The property protects lands that have been identified as wildlife habitat for deer and elk, black
bear, bald eagle, and osprey. Specifically, the plan calls wildlife monitoring to identify if there are any
changes to wildlife use and adjust management actions if needed. The Bionaz Gulch portion of the Lazy
Glen Open Space is managed with seasonal closures for wildlife protection.
Down Valley Master Plan Goal #5: Scenic Quality
Preserve and enhance the scenic quality of the down valley area for the benefit of residents and the
continued viability of Pitkin County's resort and agricultural economy which is highly dependent upon the
quality of the rural environment.
a. Identify outstanding visual corridors or views and discourage future development.
Response: Preservation of the Lazy Glen Open Space lands within the scenic foreground furthers the
goals for preserving the scenic quality and the entrance to the Aspen / Snowmass area. The lands will be
preserved in their rural and open state with agricultural uses consistent with the intent of this goal.
Down Valley Master Plan Goal #6: Public Land
Preserve and enhance public lands for the benefit of ranchers, residents of and visitors to Pitkin County.
a. Provide consistent, high levels of maintenance for public lands in the Down Valley Area.
b. Maintain existing public access to public lands for pedestrians, horseback riders and bicycle riders in
conjunction with the Forest Service and BLM_
Response: The purpose of the Lazy Glen Management Plan is to develop a guide for planning,
implementation and maintenance the county -owned public lands. The purchase of the land enhanced
access to BLM lands to the north of the property. The planned bridge improvements will significantly
improve the publics' access to county owned and BLM lands on the opposite side of the Roaring
Fork River and further connections to other lands and regional trails located along the Rio Grande
Trail. Additionally, the County has the opportunity to encourage continued agricultural use and land
stewardship and maintenance through the agricultural lease provisions in the Management Plan.
000011
Lary Glen Open Space I Location and Extent Application 14
Parcel k:246721400008,246727201802,246727201803
Down Valley Master Plan Transportation Goals and Objectives: Provide a safe operating environment for
all modes of transportation including bicycles
Response: The construction of a bridge across the Rio Grande River provides an important connection for
residents of the Lazy Glen Subdivision to access the Rio Grade Trail which provides direct non -motorized
transportation access to both Basalt and Aspen. Without this connection there is no safe way for bikes to
access the Rio Grande Trail from the subdivision.
(b) The acceptance, widening, removal, extension, relocation, narrowing, vacation, abandonment, change
of use, or sale of or acquisition of land for any road, park or other public way, ground, place, property, or
structure, shall be subject to similar submission approval.
Response: The proposed bridge construction is the most significant element currently proposed for this
parcel, other management actions have been identified as being consistent with the Down Valley Master
Plan. Nothing currently anticipated for the Lazy Glen Open Space property is believed to be inconsistent
with the goals and objectives of the Down Valley Master Plan. It is understood that future requests not
included in the application will be subject to subsequent location and extent application approval.
(c) A location and extent review may be undertaken concurrently with any other applicable County review
process.
Response: No other County review process is applicable or requested.
(d) In the case of disapproval by the Planning and Zoning Commission of a location and extent review
the Commission shall communicate its reason to the governing body or official having jurisdiction for the
proposed project.
Response: This provision is understood by the applicant.
000012
Lazy Gen Open Space I Location and Extent Application
Parcel n: 246721400008, 246727201802, 246727201803 15
Lazy Glen Open Space I Location and Extent Application 000013
Parcel #: 246721400008, 246727201802, 246727201803
2. SITE PLAN
17
SITE PLAN
', Ito
rm
Public parking spots
Pedestrian bridge over river
Trail connection to Rio Grande
Trail (two routes potentially)
Dog sight and sound control r
Restoration Area
Lazy Glen Open Space I Location and Extent Application
Parcel #: 246721400008, 246727201802, 246727201803
Restoration Area
Dog sight and sound control
Restoration Area
Dog sight and sound control
VAR
_ f
rm
Public parking spots
Pedestrian bridge over river
Trail connection to Rio Grande
Trail (two routes potentially)
Dog sight and sound control r
Restoration Area
Lazy Glen Open Space I Location and Extent Application
Parcel #: 246721400008, 246727201802, 246727201803
Restoration Area
Dog sight and sound control
Restoration Area
Dog sight and sound control
P
.IAa lease orchard
•r
% Public parking
River Access iA
�t. T
Y
000014 19
Lazy Glen Open Space
Action Item Map
1 Lazy Glen Open Space
L ---d
---- Trail
BLM
0 0.05 0.1 Miles
Y`
' f
Public land access
f
e:
e'
Nordic
ew
f Ag lease
'
f Admin
/arking
P
.IAa lease orchard
•r
% Public parking
River Access iA
�t. T
Y
000014 19
Lazy Glen Open Space
Action Item Map
1 Lazy Glen Open Space
L ---d
---- Trail
BLM
0 0.05 0.1 Miles
3. ATTACHMENTS
1. Agreement for Payment of Land Use Application Fees Form
2. Pre -application Conference Summary
3. Property owners within 300 feet
4. Warranty Deed - Lazy Glen Parcel
5. Warranty Deed - Bionaz Parcel
6. Title Policy - Lazy Glen Parcel
7. Title Policy - Bionaz Parcel
8. Access License
9. Bridge and Access Easement
000015
Lazy Glen Open Space I Location and Extent Application 21
Parcel #: 246721400008, 246727201802, 246727201803
1. AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES FORM
PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES
PITKIN COUNTY (hereinafter COUNTY) and Open Space and Trails
(hereinafter APPLICANT) AGREE AS FOLLOWS:
1. APPLICANT has submitted to COUNTY an application for Lazy Glen Open Space Bridge and
Site Improvements (hereinafter, THE PROJECT).
2. APPLICANT understands and agrees that Pitkin County Ordinance No. 012-2016 establishes a
fee structure for land use applications and the payment of all processing fees is a condition precedent to a
determination of application completeness. The fee structure is based on the County's policy that development
shall pay, in full, the cost of development review in Pitkin County. Fees have been set to be consistent and fair to
the public and to reflect the expense incurred in providing such services to the public.
3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed
project, it may not be possible at the time of application to ascertain the full extent of the costs involved in
processing the application.
4. APPLICANT and COUNTY agree that fees charged for the processing of land use applications
shall accumulate if an application includes more than one type of land use review.
5. COUNTY and APPLICANT further agree that it is impracticable for COUNTY staff to complete
processing or present sufficient information to the Planning Commission and/or Board of County Commissioners
to enable the Planning Commission and/or Board of County Commissioners to make legally required findings for
project approval, unless current billings are paid in full prior to decision.
6. Therefore, APPLICANT agrees that in consideration of the COUNTY's waiver of its right to
collect full fees prior to a determination of application completeness, APPLICANT shall pay a base fee in the
amount of $ which is based on _ hours of staff time, and if actual time spent by staff to process the
application exceeds the average number of hours by more than 20%, then the COUNTY will bill the
APPLICANT quarterly for the additional time spent. Such periodic payments shall be made within 30 days of
the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for
suspension of processing.
I1,141► 9 WIll 111111►Y
Cindy Houben
Community Development Director
Effective 4/9/08
G:county\admin\forms\agreement to pay
Jessie Young, Environmental Planner
Print Name
Sig7ur�
Date:: Z- 61 - 13:
Mailing Address:
806 West Hallam St
000016
Aspen. CO 81611
Lary Glen Open Space I Location and Extent Application .�
Parcel #: 246721400008, 246727201802, 246727201803 "
2. PRE -APPLICATION CONFERENCE SUMMARY
PITIQN COUNTY PRE -APPLICATION
LOCATION: Lary Glen Open Space
ZONE: AR -10
SUMMARY
PARCEL ID #: 246721400008
246727201803
246727201802
PARCEL SIZE: 43 acres
OWNER/APPLICANT: Pitkin County
REPRESENTATIVE: Lindsey Utter PHONE: 920-5224 EMAIL: lindse, .utte &itkincounty.com
PLANNER: Mike Kraemer PHONE: (970) 920-5482 E-MAIL: michael.kraemer@pitkincouM.com
DATE: October 21. 2016
Type of Application: Location and Extent Review
Description of Project/Development: The Applicant proposes to implement portions of the Lazy Glen Open Space
Management Plan. This includes construction of a bridge from the Lazy Glen Subdivision to the Rio Grande Trail. The
Applicant should comprehensively outline all desired projects to be completed and respond to the Master Plan.
Land Use Code Sections to be addressed in letter of request (aoolication):
➢ 2-30-30(h)(10): Location and Extent Review— 1987 Downvalley Master Plan
Review by: Planning and Zoning Commission
Public Hearing: Yes. Notice is required via posting, mailing and publication. The Applicant shall post a public
notice sign on the property at least 15 days prior to the date specified for the hearing pursuant to Sec. 2-20-100(a)(3) of
the Land Use Code. In addition, the Applicant shall mail notice at least 30 days prior to the public hearing (by first class
mail) to all property owners within 300' of the subject property with the return address of the Community Development
Department (form of notice to be obtained from the Community Development Department). The names and addresses
shall be those on the current tax records of Pitkin County, as they appear no more than 60 days prior to the date of the
public hearing.
Staff will refer the application to the following agencies: Long Range Planning (Ellen Sassano)
FEES: $1,029.00 (make check payable to "Pitkin County Treasurer")
■ $975 Planning Office flat fee (non-refundable; based on 3 hours of staff time; if staff review time exceeds 4 hours,
the Applicant will be charged for additional time above 3 hours at a rate of $325/hour)
• $54 Publication Fee
To apply, submit 1 cop v (unbound) of the following information, unless noted otherwise:
1. Summary letter explaining the request, explaining existing conditions, providing background on prior approvals and
permits, and addressing compliance with the Code sections listed above.
2. Application Submission Requirements for Location and Extent Review as detailed in Section 2.2.23 of the Pitkin
County Application Manual — 24" by 36" and 11" by 17".
3. Disclosure and proof of ownership of the property, consisting of a current certificate from a title insurance company or
attorney licensed to practice law in the State of Colorado, listing the names of all owners of the property and all
mortgagees, judgments, liens, easements, contracts and agreements affecting use and development of the parcel and
proof of the owner's right to use the land for the purposes identified in the development application.
4. Legal Description of the property.
5. Consent from the owner of the property for the representative to process the application and represent the owner;
Q0O011
Lary Glen Open Space I Location and Extent Application 23
Parcel #: 246721400008, 246727201802, 246727201803
6. Street address and parcel description, including legal description, and 8-1/2"x 11" vicinity map locating the subject
property within Pitkin County;
7. Executed Pitkin County Community Development Agreement for Payment of Land Use Application Fees form (1
copy — form attached);
8. List of all property owners within 300' of the subject property (1 copy); and
9. Copies of this pre -application Conference Summary Sheet.
NOTES.
➢ PLEASE SUBMIT TWO UNBOUND AND ONE-SIDED COPY OF YOUR COMPLETE APPLICATION PLEASE
SUBMIT TWO-SIDED COPIES OFALL REMAINING COPIES OF YOUR APPLICATION (IF POSSIBLE). THE
PARCEL IDs SHOULD BE INCLUDED ONALL DOCUMENTS INCLUDED IN YOUR APPLICATION.
➢ ALL MAPS SHALL BE FOLDED. One copy of submittal materials shall have all documents informal no larger than
8 L2" by 11':
➢ This pre -application conference summary is advisory in nature and not binding on the County. The information
provided in this summary is based on current zoning standards and stat s interpretations based upon
representations of the applicant. Additional information may be required upon a complete review of the application.
The Pitkin County Code and Land Use Application Manual can be found at the following link
httl2://www.pitkincouniy.com/DocumentCenter/HomeNiew/248
000018
Lary Glen Open Space I Location and Extent Application 24
Parcel #: 246721400008, 246727201802, 246727201803
3. PROPERTY OWNERS WITHIN 300 FEET
Lazy Glen Open Space
Mailing List - Properly Owners wKhin 300 feet
Owner Name
OSBORN PAMELA
JOHNS DANIEL C
WIRTH HEIDI
FLYING W SNOWMASS LLC
COLORADO DEPT OF TRANSPORTATION
PITKIN COUNTY
RED TAIL LLC
LAZY GLEN HOMEOWNERS ASSOC
PITKIN COUNTY
PITKIN COUNTY
EBERLI RITA M
SOLIS JOSE 18 CARMEN E
BOKENKO LEONARD
KENNEY MARY V
LIDDINGTON JEFFREY
CONE MICHAEL
SMITH RACHEL
PAXTON THOMAS E 8 JULIETTE C
HANDRICH DENISE A
GOODWIN JONI
JOHNSON KENNETH C REV TRUST
HENDERSON NANCY
WOLFE BRANDI
GINGLES HOLLY
FRANKLIN STEPHEN H 8 SAUNDRA M
LAZY GLEN HOMEOWNERS ASSOC
SEEBOHAR LINDA
CARR WILLIAM
RILEY CARMEN
HALL TOM 8 DONNA LEE
WALSH ELIZABETH M
GILMAN PETER
PHILLIPS CHRISTOPHER L
LAZY GLEN HOMEOWNERS ASSOC
BLAKNEY SUSAN
LAZY GLEN HOMEOWNERS ASSOC
CONNLEY THERESE
LAZY GLEN HOMEOWNERS ASSOC
RIZZUTO PETER
CORTEZ AMILCAR HENRIQUEZ
ESCOBAR DE ENRIQUEZ MARIA EUGENIA
SCHULER DAVID L
HALE DARIEN T 8 VICKI M
MOSES GAARD
TYSON HONEY
SARACENO CYNTHIA TRUST
GALLEGOS CRISTIAN
JACKOVICH JANE A
LAZY GLEN HOMEOWNERS ASSOC
RIVERA JOSEFA SILVIA
MARTINEZ MAYORAL GERARDO
SALCEDO ISABEL MARTINEZ
CRANN MARY E
VASQUEZ ALEJANDRO REYES
AYALA FRANCISCO
PINEDA VICTORIA
SAUCEDOJOSE
DELGADILLO MARIA A
GAMBLE GARY L
LAZY GLEN HOMEOWNERS ASSOC
MEZA JAVIER GOMEZ
SANCHEZ LOPEZ MERICARMEN
CUTTITFA MARGO R
NEVOLSJOHN
HAGEN MARTIN 8 LAFRANCES
BOHAN JULIE K BOWDEN
QUINTANA OSCAR
MOORE BRENT
ROSALES DAVID
LAZY GLEN HOMEOWNERS ASSOC
ALVARADO JUAN 8 MARIA
LAZY GLEN HOMEOWNERS ASSOC
LAZY GLEN HOMEOWNERS ASSOC
LAZY GLEN HOMEOWNERS ASSOC
PITKIN COUNTY
ROARING FORK TRANSIT AUTHORITY
ELK VALLEY RANCH LLC
PO BOX 281
PO BOX 594
PO BOX 594
3411 S MAIN ST UNIT
4201 E ARKANSAS AVE
123 EMMA RD #204
205 S MILL ST 9301A
101 LAZY GLEN
123 EMMA RD #204
123 EMMA RD #204
12 LAZY GLEN
13 LAZY GLEN
PO BOX 11
PO BOX 8802
PO BOX 8802
16 LAZY GLEN
17 LAZY GLEN
18 LAZY GLEN
19 LAZY GLEN
20 LAZY GLEN
PO BOX 83
PO BOX 1093
23 LAZY GLEN
24 LAZY GLEN
25 LAZY GLEN
101 LAZY GLEN
27 LAZY GLEN
28 LAZY GLEN
29 LAZY GLEN
PO BOX 4858
PO BOX 262
6351 LORITL RD
33 LAZY GLEN
101 LAZY GLEN
35 LAZY GLEN
101 LAZY GLEN
37 LAZY GLEN
101 LAZY GLEN
39 LAZY GLEN
40 LAZY GLEN
40 LAZY GLEN
41 LAZY GLEN
PO BOX 10332
PO BOX 21
44 LAZY GLEN
46 LAZY GLEN
46 LAZY GLEN
47 LAZY GLEN
101 LAZY GLEN
50 LAZY GLEN
51 LAZY GLEN
PO BOX 884
52 LAZY GLEN
55 LAZY GLEN
PO BOX 2161
PO BOX 2161
57 LAZY GLEN
58 LAZY GLEN
62 LAZY GLN
101 LAZY GLEN
PO BOX 4525
PO BOX 4525
88 LAZY GLEN
69 LAZY GLEN
73 LAZY GLEN
74 LAZY GLEN
PO BOX 11225
76 LAZY GLEN
77 LAZY GLEN
101 LAZY GLEN
PO BOX 1655
101 LAZY GLEN
101 LAZY GLEN
101 LAZY GLEN
123 EMMA RD #204
0766 INDUSTRY WY
537 MARKET ST #202
Lary Glen Open Space I Location and Extent Application
Parcel #: 246721400008, 246727201802, 246727201803
CRY
SNOWMASS
SNOWMASS
SNOWMASS
H SANTA ANA
DENVER
BASALT
ASPEN
SNOWMASS
BASALT
BASALT
SNOWMASS
SNOWNIASS
MASONVILLE
ASPEN
ASPEN
SNOWNIASS
SNOWMASS
SNOWNIASS
SNOWMASS
SNOWMASS
SNOWMASS
BASALT
SNOWMASS
SNOVYMASS
SNOWMASS
SNOWMASS
SNOWMASS
SNOWMASS
SNOWMIASS
ASPEN
SNOWMASS
EGG HARBOR
SNOWMASS
SNOWAIASS
SNOWMASS
SNOWMASS
SNOWMASS
SNOWMASS
SNOWMASS
SNOWMASS
SNOWMASS
SNOWMASS
ASPEN
ASPEN
SNOWMASS
SNOWMASS
SNOWMASS
SNOWMASS
SNOWMASS
SNOWMASS
SNOWMASS
BASALT
SNOWMASS
SNOWMASS
BASALT
BASALT
SNOWMASS
SNOWNLASS
SNOWIAASS
SNOWMASS
ASPEN
ASPEN
SNOWMASS
SNOWMASS
SNOWMASS
SNOWMASS
ASPEN
SNOWMASS
SNOWMASS
SNOWMASS
BASALT
SNOWMASS
SNOWMASS
SNOWMASS
BASALT
CARBONDALE
State
CO
CO
CO
CA
CO
CO
CO
CO
CO
CO
CO
CO
CO
CO
CO
CO
CO
CO
CO
CO
CO
CO
CO
CO
CO
CO
CO
CO
CO
CO
CO
WM
CO
CO
CO
CO
CO
CO
CO
CO
CO
CO
CO
CO
CO
CO
CO
CO
CO
CO
CO
CO
CO
CO
CO
CO
CO
CO
CO
CO
CO
CO
CO
CO
CO
CO
CO
CO
CO
CO
CO
CO
CO
CO
CO
CO
TN
Zip
81654
81654
81654
92707
80222
81621
81611
81654
81621
81621
81654
81854
805410011
81612
81612
81654
81654
81654
81654
81654
81654
81621
81654
81654
81654
81654
81654
61654
81654
81612
81654
54209-9338
81654
81654
81654
81654
81654
81654
81654-9132
81654
81654
81654
81612
81612
81654
81654
81654
81654
81664
81654
81654
81621
81654
81654
81621
81621
81654
81654
81654-9100
81654
81812
81612
81654
81654
81654
81654
81612
81654
81654
81654
81621
81654
81654
81654
81621
81623
37402
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Lary Glen Open Space I Location and Extent Application n n O O
Parcel #: 246721400008, 246727201802, 246727201803 0 U 26
4. WARRANTY DEED - LAZY GLEN PARCEL
WARRANTY DEED
THIS DEED, made March 27, 2015,
Between FIVE WINDS INVESTMENTS, LLC, A COLORADO LIMITED LIABILITY
COMPANY
of Bre County of PITKIN , State of COLORADO. GRANTOR,
AND PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS, GRANTEE
whose legal address is.PITKIN COUNTY OPEN SPACE AND TRAILS. 530 E MAIN STREET, SUITE
300, ASPEN, CO 81611
of the County of PITKIN. Slate of COLORADO
WITNESSETH, That for and In consideration of the sum of TWO MILLION FIVE HUNDRED EIGHTY
FIVE THOUSAND (52,585,000.00 the receipt and sufficiency of which Is hereby acknowledged, the
grantor has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell and
convey and confirm unto the grantee, heirs and assigns forever, all the real property togeMer wnh
Improvements, K any, situate and lying and being In the County of PITKIN, State of COLORADO,
described as follows'.
See Attached Exhibit W"
TOGETHER with all and singular the hereditaments and appurtenances Ihereto belonging. or le anywise
appertaining. and the reversion and aversions, remainders. rants, issuea and profits thereof, and all the
estate, right IIIb. Interest claim and demand wha6oe+ar of the grantor either in I" or equity. of, In and lo
the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the
said premises above bangaohed and described, With the appurtenances. unto the gramme, ITS theirs and
assigns forever And the Grantor, for ITSELF, ITS, haus and assigns, does covenant grant bargain, and
agree to and with the Grantee. ITS helm and assigns, Net at the time of the ensesting and delivery of
Nese presents. IT is well seized of the promises above conveyed, has good. sure, perfect, absolute and
Indefeasible estate of inheritance, in low, in fee simple, and has good right full power and lawful authority
to grant bargaln, sell and convey the same in manner and form as aforesaid, and that the same are free
and clear from all former and otrer grans, bargains, sales, liens, taxes, assessments. encumbrances and
restrictions of whatever kind or nature never, except Nose maters as set forth on Exhibit 'a" attached
hereto and incorporated herein by reference. The grantor shall and win WARRANT AND FOREVER
DEFEND the above bargained pramaes in Ne quiet and peaceabb possession of the grantee, heirs and
assigns, against all and every person or persons lawfully cleaning he whole or any pan thereof. The
singular number shall include the plural, the plural the singular, and the use of gender shall be applicable
to all genders.
IN WITNESS WHEREOF the grantor has executed this deed.
SIGNATURES ON PAGE 2
RECEPTION#: 618521, 03/2712015 at
12:48:30 PM,
1 OF 3, R $0.00 OF $0.00 Doc Code WD
Janice K. Vos Caudill, Pitkin County, CO
Lary Glen Open Space I Location and Extent Application 000021
Parcel 246721400008, 246727201802, 246727201803 27
1
SIGNATURE PAGE TO WARRANTY DEED
PAGE 2
FIVE WANDS INVESTMENTS, LLC, A COLORADO LIMITED LIABILITY COMPANY
BY: T. GREGORY IGR1ANQPF REVOCABLE FAMILY TRUST DATED APRIL 25. 2001, AS
AMENDED AND TATED, ITS SOLE MEMBER AND MANAGER
BY. /
H/E/F/ T S.EIN. SPECIAL MANAGER
STATE OF l O faC_ia
COUNTY OFA tt
Theomg t was subscribed and sworn m before me this o1 dey of
G 2015 by:NF,RBERT S. MIN, SPECIAL MANAGER OF FIVE WINDS
INVESTMENTS, LLC A COLORADO L AITED LIABILITY COWANY BY T. GREGORY
KWANOFF REVOCABLE FAMILY TRUST DATED APRIL 25 DDI, AS AMENDED AND
RESTATED, TTS SOLE MEMBER AND MANAGER
WITNESS my hand em1 ofrxial eeai Notary Pub
my commission expom
u)v(v'
PCT23922W4 \SZ1NA Dq'
Q NOTARY
PUgoG ..
Lary Glen Open Space I Location and Extent Application 000022
Parcel #: 246721400008, 246727201802, 246727201803 28
EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL A
A tract of land being part or Tract 68 aituaLed in the Southwest 114 Southwest 114 of Section 22 and m the
Northwest 114 Northwest 114 of Section 27, Township 8 South. Range 86 West of the 6th P.M., sad tract
is more fully described as follows.
Beginning at a point on the Southwesterly edge of the Denver 8 Rio Grande Railroad rightof-way. whence
Me wMaras comer to the Northwest Comer of said Section 27 (a U.S.G.L.O. Brass Cap) bears S
83'57.23" W 330.54 kat.
thence S 34'10'17' E 255.13 feet along the Southwesterly edge of Said R.O.W.;
thence South 240.00 feet to a paint on the Northe"ter y bank of the Rooming Fork River,
thence N 59'53'42' E 165.64 feet along said bank of river,
thence North 368.00 feel to the point of beginning
PARCELS:
A tract of tend situated h Tracts 65, 66, 67 end 68. said Tracts being parts of Section 21, 22, 27 and 28,
Township 8 South, Range 86 Wast of the 61h P.M., and being more fully described as follow'.
Beginning at Angle Point No 1 of said Trad 65,
thence North 304.32 feet W Angle Point No. 2 of sad Tract 66;
thence S 8735'13' E 1463.30 feet W Angle Point No. / of said Tract 66.
Memo South 1636.36 feet to Angle Point No. 4 of said Tract 66;
thence N 88'1SW E 399.30 feet along the North [me of said Tract 68, to the NMhwesl comer of that
certain tract of land conveyed W Ono L Kuehn. a/k/a Osie Kuehn, by Deed recorded August 29, 1967 in
Boric 228 at Page 526 of the Pitkin County records'.
thence South 2172.75 feet a" the Wast line of said Tract conveyed W Otto L Kuehn to the Northerly
right-of-way line of Colorado Stele Highway No. 82;
thence N 46'5420' W 1051.73 feet along the Northerly right-of-way line of said Highway;
Memo Wong the arc of a curve W the right having a radius 011860.00 feet a distance of 681 73 feel along
said rightof-way:
thence N 25'54'19 W, a distance of 513.50 feet along said nightof-way;
thrice along the arc of a curve W the left having a radius of 2342.00 feet a distance of 407.14 feet along
sad right-of-way W the moat Southerty comer of that Tract of land described in Book 214 at Page 565 of
Me Pddn County Records;
thence N 65'2500" E along the Southerly line of said Tract to the renter of the Rasing Fork River;
thence Northwesterly a" the conforms of said river to the North lbw of mid Tract 65:
thence S 89'2320" E 1125.16 feet W Angle Point No. 1 of said Tract 65, the point of beginning.
EXCEPT that part of the above described parcel previously conveyed W the Denver and Rio Grande
Weamem e of Me carnal of the ract
0 8 R G W Ilroad RR as0pres presently constructed and in over and acroof land 100 feet an ss ss of ftf
he above detained bact.
EXCEPT Final Plat of the Johns Lot Line Adjustment and tat Amendment to the Naylor Loi Split.
according W the Plat thereof recorded In Plat Book 36 at Page 51.
EXCEPT hat portion of the Subject property conveyed the the Colorado Department of Transportation In
Owed recorded April 3, 2001 as Reception No. 452977.
EXCEPT that Portion of the subject prepefty conveyed by Deed recorded July 212006 as Reception Na.
526970.
0000/3
Lazy Glen Open Space I Location and Extent Application 29
Parcel #:246721400008,246727201802,246727201803
EXHIBIT "B"
1 Taxes for the year 2015, and subsequent years not yet due or payable.
2. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to
penetrate or intersect the premises hereby granted and right of way for ditches or canals constructed by the
authority of the United States as reserved in United States Patents recorded April 2, 1917 in Book 55 at Page 220,
July 31, 1917 in Book 55 at Page 226, July 31, 1917 in Book 55 at Page 549 and July 31, 1917 in Book 55 at
Page 225.
view
3. Easement and right of way for an easement for ingress and egress asset forth in instrument recorded August 29,
1967 in Book 228 at Page 526.
view
4 Easement and right of way for an electric transmission or distribution line or system, as granted to Holy Cross
Electric Association, Inc., in instruments recorded October 23, 1973 in Book 280 at Page 644 and October 23,
1973 in Book 280 at Page 645 and 646.
view
5 Terms, conditions, provisions and obligations as set forth in Agreements recorded June 28, 1994 in Book 754 at
Page 269
view
6. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Board of County
Commissioners recorded December 2, 1992 in Book 696 at Page 143 as Resolution No. 92-405 and re-recorded
December 16, 1992 in Book 697 at Page 939 and re-recorded August 9, 1994 in Book 757 at Page 951.
iew
7. Terms, conditions, provisions, obligations and all matters asset forth in Resolution of the Board of County
Commissioners recorded October 13, 1995 in Book 796 at Page 828 as Resolution No. 95-174.
(viewl
8. Terms, conditions, provisions and obligations as set forth in Agreement for a Caretaker Dwelling Unit recorded
March 26, 1996 as Reception No. 391174.
view
9. Easement and right of way for an electric transmission or distribution line or system, as granted to Holy Cross
Electric Association, Inc., in instrument recorded September 17, 1999 as Reception No. 435612.
1MV1
10. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Board of County
Commissioners recorded October 30, 2002 as Reception No. 474188 as Resolution No. 193-2002.
view
11. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Board of County
Commissioners recorded November 18, 2003 as Reception No. 491305 as Resolution No. 126-2003.
NL,2w
12. Terms, conditions, provisions and obligations as set forth in Agreement recorded July 25, 2005 as Reception No.
512764
(yleWi
13. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Board of County
Commissioners recorded August 15, 2006 as Reception No. 527483 as Resolution No. 06-71.
vi
14. Terms, conditions, provisions and obligations as set forth in Water Use and Ditch Operating Agreement recorded
December 18, 2014 as Receotion No. 616111 and re-recorded January 20, 2015 as Reception No. 616779.
15. Terms, conditions, provisions and obligations as set forth in Agreement recorded December 18, 2014 as
Reception No. 616112 and Amendment to Trail Easement Agreement recorded 11'k, .17e1c5 as Reception
No. (o!f.51
16. Terms, conditions, provisions and obligations as set forth in Water Rights Agreement recorded January 20, 2015
as Reception No. 616780 and Amendment to Water Rights Agreement recorded ;Lo a as Reception
No. Col ASl1
(Continued)
Lary Glen Open Space I Location and Extent Application
000OJ1I.
Parcel tt: 246721400008, 246727201802, 246727201803
9C
t 7. Any question, dispute or adverse claim as to any loss or gain of land as a result of any change in the river bed
location by other than natural causes, or alteration through accretion, relict ion, erosion or avulsion of the center
thread, bank, channel or flow of waters in the Roaring Fork River lying within subject land. and any question as to
the location of such center thread, bed, bank, bed or channel as a legal description monument or marker for the
purposes of describing or locating subject lands.
NOTE. There are no documents in the land records of the Office of the Clerk and Recorder of Pitkin County,
Colorado accurately locating past or present location(s) of the center thread, bank, bed, or channel of the above
River or indicating any alterations of the same as from time to time may have occurred.
AND
Any rights, interest or easements in favor of the riparian owners, the State of Colorado, The United States of
America, or the general public, which exist, have existed, or are claimed to exist in and over the waters and
present and past bed and banks of the Roaring Fork River.
0001,5
Lazy Glen Open Space I Location and Extent Application
Parcel #: 246721400008, 246727201802, 246727201803
31
5. WARRANTY DEED - BIONAZ PARCEL
Warranty Deed
(Pursuant to 38-30-113 C,R.S.)
RECEPTION#: 627286, 02/24/2016 at
01:17:01 PM.
1 of 7, R $0.00 DF $0.00 Doc Code WD
Janice K. Vos Caudill, Pitkin County, CO
State Documentary Fee
Date: February 19, 2016
$ 0.00
THIS DEED, made on February 19, 2016 by DANIEL C. JOHNS AND HEIDI WIRTH-JOHNS Grantor(s), of the County of
PITKIN and State of COLORADO for the consideration of ($190,000.00) •■. One Hundred Ninety Thousand and 00/100...
dollars in hand paid, hereby sells and conveys to THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO Grantee(s), whose sheet address is 530 EAST MAIN STREET, 3RD FLOOR Aspen, CO 81611, County of PITKIN,
and State of COLORADO, the following real property in the County of Pitkin, and State of Colorado, to wit:
SEE ATTACHED "EXHIBIT A"
also known by street and number as: N/A
with all its appurtenances and warrants the title to the same, subject to GENERAL TAXES AND ASSESSMENTS FOR THE YEAR
2016 AND SUBSEQUENT YEARS AND SUBJECT TO THOSE ITEMS AS SET FORTH ON EXHIBIT "A" ATTACHED
HERE'T'O AND INCORPORATED HEREIN. B
C.
M"11:Q141:[&I
State of COLORADO )
ss.
County of PITKIN )
The foregoing instrument was acknowledged before me on this day of February 19, 2016
b DA JOHNS AND HEIDI WIRTH-JOHNS
JENNIFER STEPISNIK
NOTARY PUBLIC
STATE OF COLORADO
ir/ NOTARY ID 20034934379
My commNcIVQ PLO) bssion expires !� / 07 t i wN conxniabn Expires October 21, 2019
When Recorded Retum to: THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO
530 EAST MAIN STREET, 3RD FLOOR Aspen, CO 81611
Lafld
Form 13082 09/2008 wd.open.odt Warranty Deed Open (Photographic) n Q62007006 (24129863)
Lary been Upen space I Location and trent App ication V n L O 7 L1
Parcel #: 246721400008, 246727201802, 246727201803
32
I*Fi) L7Iwil
LOTS 2 AND 3, BIONAZ GULCH SUBDIVISION EXEMPTION PLAT, ACCORDING TO THE PLAT RECORDED FEBRUARY
18, 2016 UNDER RECEPTION NO. 627129, COUNTY OF PITKIN, STATE OF COLORADO.
ALSO KNOWN AS:
A PARCEL OF LAND BEING THAT PORTION OF LOT 1, IRVIN NAYLOR LOT SPLIT, ACCORDING TO THE PLAT
THEREOF, RECORDED AUGUST 23,1982 IN PLAT BOOK 13 AT PAGE 77 AS RECEPTION NO. 243626 AND FIRST
AMENDMENT THERETO RECORDED MARCH 3, 1995 IN PLAT BOOK 36 AT PAGE 51 AS RECEPTION NO. 379434, LYING
NORTH OF THE CENTERLINE OF THE ROARING FORK RIVER, ALSO LYING, FOR REFERENCE, IN TRACT 68, IN
SECTION 27, TOWNSHIP 8 SOUTH, RANGE 86 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF PITKIN, STATE OF
COLORADO, AND BEING MORE FULLY DESCRIBED AS FOLLOWS:
BEGINNING AT AN ANGLE POINT ON THE WEST LINE OF SAID LOT 1, IRVIN NAYLOR LOT SPLIT, THENCE ALONG
THE BOUNDARY OF SAID LOT 1, IRVIN NAYLOR LOT SPLIT THE FOLLOWING EIGHT (8) COURSES;
1. N 00000'00" E A DISTANCE OF 1731.14 FEET TO THE NORTHWEST CORNER OF SAID LOT 1, IRVIN NAYLOR LOT
SPLIT:
2. N 88015'00" E A DISTANCE OF 805.04 FEET TO THE NORTHEAST CORNER OF SAID LOT 1, IRVIN NAYLOR LOT SPLIT;
3. S 00°00'00" E A DISTANCE OF 1320.00 FEET TO AN ANGLE POINT OF SAID LOT 1, IRVIN NAYLOR LOT SPLIT;
4. S 30005'06" W A DISTANCE OF 761.29 FEET AN ANGLE POINT OF SAID LOT 1, IRVIN NAYLOR LOT SPLIT;
5. N 53022'00" W A DISTANCE OF 100.00 FEET TO AN ANGLE POINT OF SAID LOT 1, IRVIN NAYLOR LOT SPLIT;
6. S 30005'06" W A DISTANCE OF 91.03 FEET TO AN ANGLE POINT OF SAID LOT 1, IRVIN NAYLOR LOT SPLIT;
7. S 35022'00" E A DISTANCE OF 109.22 FEET TO AN ANGLE POINT OF SAID LOT 1, IRVIN NAYLOR LOT SPLIT;
8. S 30005'06" W A DISTANCE OF 80.16 FEET TO THE CENTERLINE OF THE ROARING FORK RIVER;
THENCE ALONG SAID CENTERLINE THE FOLLOWING FOUR (4) COURSES:
1. N 28000'00" W A DISTANCE OF 148.54 FEET;
2. N 36000'00" W A DISTANCE OF 140.00 FEET;
3. N 44000'00" W A DISTANCE OF 140.00 FEET;
4. N 52000'00" W A DISTANCE OF 90.00 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM:
THAT PORTION OF THE ROARING FORK TRANSPORTATION AUTHORITY (RFTA) RIGHT-OF-WAY (ROW), (FORMERLY
THE DENVER & RIO GRANDE WESTER RAILROAD RIGHT-OF-WAY), ACCORDING TO THE RAILROAD RIGHT-OF-WAY
SURVEY - BATES SEGMENT, RECORDED AS RECEPTION NO. 555087 OF THE PITKIN COUNTY RECORDS, LYING
WITHIN SAID LOT 1, IRVIN NAYLOR LOT SPLIT, BEING MORE FULLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE WEST LINE OF SAID LOT 1, IRVIN NAYLOR LOT SPLIT, ALSO BEING ON THE
Form 13082 09/2008 wd.open.odt Warranty Deed Open (Photographic) Q62007006 (24129863)
Lazy Glen Open Space I Location and Extent Application O " 0 ? `
Parcel #: 246721400008, 246727201802, 246727201803 33
SOUTHERLY LINE OF SAID RFTA ROW FROM WHENCE THE NORTHWEST CORNER OF SAID LOT 1, IRVIN NAYLOR
LOT SPLIT BEARS N00°00'00"E A DISTANCE OF 1305.19 FEET;
THENCE N 00000'00" E ALONG THE WEST LINE OF SAID LOT 1, IRVIN NAYLOR LOT SPLIT A DISTANCE OF 178.04 FEET
TO THE NORTHERLY LINE OF SAID RFTA ROW;
THENCE ALONG THE NORTHERLY LINE OF SAID RFTA ROW THE FOLLOWING TWO (2) COURSES:
1. S 34010'07" E A DISTANCE OF 387.42 FEET;
2.358.48 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 1096.28 FEET, A CENTRAL ANGLE
OF 18044'08", THE CHORD OF WHICH BEARS S 43032'11 " E A DISTANCE OF 356.89 FEET TO A POINT ON THE EAST LINE
OF SAID LOT 1, IRVIN NAYLOR LOT SPLIT;
THENCE ALONG THE EAST LINE OF SAID LOT 1, IRVIN NAYLOR LOT SPLIT THE FOLLOWING THREE (3) COURSES:
1. S 30005'06" W A DISTANCE OF 80.54 FEET;
2. N 53022'00" W A DISTANCE OF 100.00 FEET;
3. S 30005'06" W A DISTANCE OF 16.11 FEET TO THE SOUTHERLY LINE OF SAID RFTA ROW
THENCE ALONG THE SOUTHERLY LINE OF SAID RFTA ROW THE FOLLOWING TWO (2) COURSES:
1.302.91 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 1196.28 FEET, A CENTRAL ANGLE
OF 14°30'29", THE CHORD OF WHICH BEARS N 41°25'22" W A DISTANCE OF 302.10 FEET;
2. THENCE N 34010'07" W A DISTANCE OF 240.10 FEET TO THE POINT OF BEGINNING.
COUNTY OF PITKIN, STATE OF COLORADO.
Form 13082 0912008 wd.open.odt Warranty Deed Open (Photographic) Q62007006 (24129863)
Lazy Glen Open Space I Location and Extent Application 000023
Parcel #: 246721400008, 246727201802, 246727201803 34
EXHIBIT B
Property Address: 26501 HIGHWAY 82 SNOWMASS CO 81654
RIGHT OF THE PROPRIETOR OFA VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM,
SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES HEREBY GRANTED, AND A
RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES,
AS RESERVED IN UNTIED STATES PATENT RECORDED JULY 31,1917 IN BOOK 55 AT PAGE 594.
RESERVATION OF AN UNDIVIDED ONE-HALF INTEREST IN AND TO ALL OF THE OIL, GAS AND OTHER
MINERALS AND MINERAL RIGHTS IN, UPON AND UNDER THE LANDS DESCRIBED THEREIN AND IN
ADDITION THERETO RESERVATION OF ALL OIL, GAS AND OTHER MINERALS AND MINERAL RIGHTS IN,
UPON AND UNDER THE LANDS DESCRIBED IN DEED RECORDED JUNE 30, 1959 IN BOOK 188 AT PAGE 48.
TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF RIGHT OF WAY AND EASEMENT TO ROCKY
MOUNTAIN NATURAL GAS, INC. RECORDED OCTOBER 19,1961 IN BOOK 195 AT PAGE 434 AND RECORDED
OCTOBER 11,1962 IN BOOK 199 AT PAGE 520.
TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF EASEMENT TO COLORADO -UTE ELECTRIC
ASSOCIATION, INC. RECORDED NOVEMBER 21, 1963 IN BOOK 205 AT PAGE 20.
TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF EASEMENT AS SET FORTH IN INSTRUMENT
RECORDED AUGUST 29,1967 IN BOOK 228 AT PAGE 526.
TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF EASEMENT GRANTED IN DEED RECORDED
DECEMBER 21,1967 IN BOOK 231 AT PAGE 438.
TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF EASEMENT AS SET FORTH IN INSTRUMENT
RECORDED SEPTEMBER 14,1970 IN BOOK 250 AT PAGE 631.
TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF EASEMENT AS SET FORTH IN INSTRUMENT
RECORDED FEBRUARY 25,1972 IN BOOK 261 AT PAGE 572.
TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF EASEMENT TO COLORADO UTE ELECTRIC
ASSOCIATION, INC. RECORDED AUGUST 13, 1975 IN BOOK 301 AT PAGE 694.
TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF EASEMENT AS SET FORTH IN INSTRUMENT
RECORDED JUNE 9,1980 IN BOOK 389 AT PAGE 859.
TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF RESOLUTION OF THE PITKIN COUNTY BOARD
OF COUNTY COMMISSIONERS, NO. 53, SERIES OF 1981 RECORDED JULY 14, 1981 IN BOOK 411 AT PAGE 204.
TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF RESOLUTION OF THE PTTKIN COUNTY BOARD
OF COUNTY COMMISSIONERS NO. 71, SERIES OF 1982 RECORDED JULY 21, 1982 IN BOOK 429 AT PAGE 597.
EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF
IRVIN NAYLOR LOT SPLIT RECORDED AUGUST 23,1982 IN BOOK 13 AT PAGE 77.
TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF EASEMENTAGREEMENT RECORDED AUGUST
23,1982 IN BOOK 431 AT PAGE 414.
TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF RESOLUTION OF THE PTTKIN COUNTY BOARD
OF ADJUSTMENT NO. 06, SERIES OF 1989 RECORDED MAY U, 1989 IN BOOK 592 AT PAGE 235.
TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF AGREEMENT RECORDED RECORDED JUNE 28,
1994 IN BOOK 754 AT PAGE 269.
Form 13100 08/2008 b2exbibit.escrow.odt Q62007006 1241298621
00
Lazy Glen Open Space I Location and Extent Application
Parcel p:246721400008,246727201802,246727201803
35
TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF RESOLUTION OF THE PITKIN COUNTY BOARD
OF ADJUSTMENT NO. 28, SERIES OF 1994 RECORDED OCTOBER 18, 1994 IN BOOK 764 AT PAGE 689.
EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF
JOHNS LOT LINE ADJUSTMENT RECORDED MARCH 03,1995 IN BOOK 36 AT PAGE 51.
TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF AGREEMENT WITH HOLY CROSS ELECTRIC
ASSOCIATION RECORDED AUGUST 20,1996 AS RECEPTION NO. 396189.
TERMS, CONDITIONS, PROVISIONS AND OBLIGATONS OF RESOLUTION OF THE PITKIN COUNTY BOARD
OF ADJUSTMENT NO. 20, SERIES OF 1997 RECORDED JUNE 12, 1998 AS RECEPTION NO. 418081.
TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF PERPETUAL EASEMENT TO THE STATE OF
COLORADO RECORDED OCTOBER 22,1999 AS RECEPTION NO. 436959.
TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF RESOLUTION OF THE PITKIN COUNTY BOARD
OF ADJUSTMENT NO. 11A, SERIES OF 2001 RECORDED NOVEMBER 16, 2001 AS RECEPTION NO. 460951 AND
NO. U, SERIES OF 2001 RECORDED NOVEMBER 16, 2001 AS RECEPTION NO. 460954.
ANY RIGHTS, INTERESTS OR EASEMENTS IN FAVOR OF THE UNITED STATES OF AMERICA, THE STATE OF
COLORADO, OR THE PUBLIC, WHICH EXIST OR ARE CLAIMED TO EXIST IN AND OVER THE PASTAND
PRESENT BED, BANKS OR WATERS OF ROARING FORK
THE EFFECT OF THE ROAD CUTS, SMALL DRAINAGE AND PATHS AND THE DITCH WHICH ALLTRAVERSE
THROUGH THE SUBJECT PROPERTY, THE RIP -RAP, FENCE AND PROPANE TANK ENCROACHING ONTO
ADJOINING PARCELS AND ANY LOSS OR DAMAGE ARISING FROM THE DISCREPANCIES IN THE
LOT/BOUNDARY LINES OF PARCEL NUMBERS 246721400010 WIRIANOFF NORTH PARCEL) AND 246721400008
(KIRIANOFF SOUTH PARCEL) AS DISCLOSED ON IMPROVEMENT SURVEY PLAT ISSUED BY SGM
CERTIFIED FEBRUARY 3, 2016, JOB NO. 2015-429.001.
SAID DOCUMENT STORED AS OUR ESI 26217254.
CLAIMS OF RIGHT, TITLE AND/OR INTEREST IN THE PROPERTY BETWEEN THE WESTERLY BOUNDARY
LINE OF THE SUBJECT PROPERTY AND THE FENCE RUNNING ALONG THE LOT LINE OF PARCEL NUMBER
246721400010 AS DISCLOSED ON IMPROVEMENT SURVEY PLAT ISSUED BY SGM CERTIFIED FEBRUARY 3,
2016, JOB NO. 2015-429.001 WHETHER SAID CLAIMS ARISE BYABANDONMENT, ADVERSE POSSESSION OR
OTHER MEANS.
SAID DOCUMENT STORED AS OUR ESI 26217254.
EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON BIONAZ GULCH
SUBDIVISION EXEMPTION RECORDED FEBRUARY 18, 2016 AS RECEPTION NO. 627129.
TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO, APPROVING THE JOHNS (BIONAZ GULCH) SUBDIVISION EXEMPTION
TO CREATE OPEN SPACE PARCELS RECORDED FEBRUARY 18, 2016 AT RECEPTION NO. 627127.
TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF PITKIN COUNTY, COLORADO AUTHORIZING ACQUISITION OF THE BIONAZ GULCH
PROPERTY RECORDED FEBRUARY 24, 2016 AS RECEPTION NO. 627272.
Form 13100 08/2008 b2exhibit.escrow.odt Q620((0j�7006 {24129862}
Lazy Glen Open Space I Location and Extent Application Q'fl J o J
Parcel N:246721400008,246727201802,246727201803 36
6. TITLE POLICY - LAZY GLEN PARCEL
PITKIN COUNTY TITLE, INC.
601 E. HOPKINS, 3rd Floor
ASPEN, COLORADO 81611
970-925-1766 1 970-925-6527 FAX
June 16, 2015
BOARD OF COUNTY COMMISSIONERS
PITKIN COUNTY OPEN SPACE & TRAILS
530 E. MAIN STREET, SUITE 300, ASPEN, CO 81611
RE: PCT23922W5 -- TR.65-68, SEC. 21,22,27 & 28-8-86
Pitkin County Title, Inc, is pleased to provide you with the owners policy along with the following endorsements relative to
the above mentioned file:
Endorsement Form 110.1
Please review the policy in its entirety. We at Pitkin County Title, Inc. believe in providing you, our customer, with a quality
product which will serve your needs.
In the event you do find a discrepancy, or if you have any questions or comments regarding your final policy, please
contact us and we will gladly handle any request you may have as efficiently and quickly as possible.
We have assigned the above number to your records to assure prompt processing of future title orders involving the
property. If you sell or obtain a loan on this property within 5 years, ask your broker or agent to contact our office to ensure
re -issue rates which may be available to you.
Thank you very much for giving Pitkin County Title, Inc. the opportunity to serve you.
Sincerely,
Brandi Wolfe
Enclosures: Original Policy
Lary Glen Open Space I Location and Extent Application 0 0 n0 i 37
Parcel a:246721400008,246727201802,246727201803
WESTCOR
Lend 7tle Insurance Company
ALTA OWNER'S POLICY (6-17-06)
ISSUED BY
WESTCOR LAND
TITLE INSURANCE COMPANY
OWNER'S POLICY OF TITLE INSURANCE
POLICY NO.
OP -6-001045-4151165
Any notice of claim and any other notice or statement in writing required to be given to the
Company under this Policy must be given to the Company at the address shown in Section 18
of the Conditions.
COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE
CONTAINED IN SCHEDULE B, AND THE CONDITIONS, WESTCOR LAND TITLE INSURANCE
COMPANY, a California corporation (the "Company") insures, as of Date of Policy and, to the extent
stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount
of Insurance, sustained or incurred by the Insured by reason of:
1. Title being vested other than as stated in Schedule A.
2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to
insurance against loss from
(a) A defect in the Title caused by
(i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation;
(ii) failure of any person or Entity to have authorized a transfer or conveyance;
(iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged,
notarized, or delivered;
(iv) failure to perform those acts necessary to create a document by electronic means authorized
by law;
(v) a document executed under a falsified, expired, or otherwise invalid power of attorney;
(vi) a document not properly filed, recorded, or indexed in the Public Records including failure
to perform those acts by electronic means authorized by law; or
(vii) a defective judicial or administrative proceeding.
(b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority
due or payable, but unpaid.
(c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the
Title that would be disclosed by an accurate and complete land survey of the Land. The term
"encroachment" includes encroachments of existing improvements located on the Land onto adjoining
land, and encroachments onto the Land of existing improvements located on adjoining land.
3. Unmarketable Title.
COVERED RISKS Continued on next page
IN WITNESS WHEREOF, WESTCOR LAND TITLE INSURANCE COMPANY has caused this policy
to be signed and sealed as of the Date of Policy shown in Schedule A,
Issued By: WESTCOR LAND TITLE INSURANCE COMPANY
CO1045' PCT23922W
Pitkin County Title Inc. niciil
BY Q tOGpj y�//�
601 E. Hopkins #3
re.¢ident
Aspen, CO 81611 _ A7
I Secretary
OP -6 ALTA 6-17-06 Omen's Poliev (WLnC Edition 2-25-08)
Lary Glen Open Space I Location and Extent Application n n v 0 732 38
Parcel #:246721400008,246727201802,246727201803
4. No right of access to and from the Land.
6. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating
to building and zoning) restricting, regulating, prohibiting, or relating to
(a) the occupancy, use, or enjoyment of the Land;
(b) the character, dimensions, or location of any improvement erected on the Land;
(c) the subdivision of land; or
(d) environmental protection
if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention
to enforce, but only to the extent of the violation or enforcement referred to in that notice.
6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 6 if a
notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to
the extent of the enforcement referred to in that notice.
7. The exercise of the rights of eminent domain if a notice ofthe exercise, describing any part of the Land, is recorded
in the Public Records.
8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without
Knowledge.
9. Title being vested other than as stated in Schedule A or being defective
(a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a
transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting
Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer
under federal bankruptcy, state insolvency, or similar creditors' rights laws; or
(b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer
under federal bankruptcy, state insolvency, or similar creditors' rights laws by reason of the failure of its
recording in the Public Records
(i) to be timely, or
(ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor.
10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has
been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and
prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown
in Schedule A.
The Company will also pay the coats, attorneys' fees, and expenses incurred in defense of any matter insured against
by this Policy, but only to the extent provided in the Conditions.
f�F.idiltlyTi7i�33T�7u [KiPL77,SN a
The following matters are expressly excluded from the coverage (b) not Known to the Company, not recorded in the Public Re
of this policy, and the Company will not pay loss or damage, costs, cords at Date of Policy, but Known to the Insured Claimant
attorneys' fees, or expenses that arise by reason of: and not disclosed in writing to the Company by the Insured
1. (a) Any law, ordinance, permit, or governmental regulation Claimant prior to the date the Insured Claimant became an
(including those relating to building and zoning) restricting, Insured under this policy;
regulating, prohibiting, or relating to (c) resulting in no loss or damage to the Insured Claimant;
(i) the occupancy, use, or enjoyment of the Land; (d) attaching or created subsequent to Date ofPolicy (however,
(ii) the character, dimensions, or location of any improve- this does not modify or limit the coverage provided under
ment erected on the Land; Covered Risk 9 and 10); or
(iii)the subdivision of land; or (e) resulting in loss or damage that would not have been
sustained if the Insured Claimant had paid value for the
(iv) environmental protection; or the effect of any violation Title.
of these laws,ordinances, or governmental regulations.
This Exclusion I (a) does not modify or limit the cover- y nA
4. Aclaim by reason of the operation of federal bankruptcy, state
age provided under Covered Risk 5. insolvency, or similar creditors' rights laws, that the transaction
vesting the Title as shown in Schedule A, is
(b) Any gooey or ntallimit
police power. This Exclusion 1(b) docs (a) a fraudulent conveyance or fraudulent transfer; or
not modify or limt the coverage provided under Covered
Risk 6. (b) a preferential transfer for any reason not stated in Covered
2. Rights of eminent domain. This Exclusion does not modify or Risk 9 of this policy.
limit the coverage provided under Covered Risk 7 or 8. 5. Any lien on the Title formal estate taxes or assessments imposed
3. Defects, liens, encumbrances, adverse claims, or other mat- by governmental authority and created or attaching between
ters Date of Policy and the date of recording of the deed or other
instrument of transfer in the Public Records that vests Title as
(a) created, suffered, assumed, or agreed to by the Insured shown in Schedule A.
Claimant;
OP -6 ALTA 6.17-06 Owner's Policy
000033
Page 2
Lary Glen Open Space I Location and Extent Application 39
Parcel tt:246721400008,246727201802,246727201803
CONDITIONS AND STIPULATIONS
1. DEFINITION OF TERMS Records" shall also include environmental protection liens filed
The following terms when used in this policy mean: in the records of the clerk of the United States District Court
for the district where the Land is located.
(a) "Amount of Insurance": The amount stated in Schedule A, as
may be increased or decreased by endorsement to this policy,
increased by Section 8(b), or decreased by Sections 10 and 11
of these Conditions.
(b) "Date of Policy": The date designated as "Date of Policy" in
Schedule A.
(c) "Entity": A corporation, partnership, trust, limited liability
company, or other similar legal entity.
(d) "Insured": The Insured named in Schedule A.
(i) The term "Insured" also includes
(A) successors to the Title of the Insured by operation of
law as distinguished from purchase, including heirs,
devisees, survivors, personal representatives, or next
of kin;
(B) successors to an Insured by dissolution, merger, con-
solidation, distribution, or reorganization;
(C) successors to an Insured by its conversion to another
kind of Entity;
(D) a grantee of an Insured under a deed delivered without
payment of actual valuable consideration conveying
the Tide
(1) if the stock, shares, memberships, or other equity
interests of the grantee are wholly-owned by the
named Insured,
(2) if the grantee wholly owns the named Insured,
(3) if the grantee is wholly-owned by an affiliated
Entity of the named Insured, provided the affiliated
Entity and the named Insured are both wholly-
owned by the same person or Entity, or
(4) if the grantee is a trustee or beneficiary of a trust
created by a written instrument established by the
Insured named in Schedule A for estate planning
purposes.
(ii) With regard to (A),(B), (C), and(D) reserving, however, all
rights and defenses as to any successor that the Company
would have had against any predecessor Insured.
(c) "Insured Claimant": An Insured claiming loss or damage.
(f) "Knowledge" or "Known": Actual knowledge, not construc-
tive knowledge or notice that may be imputed to an Insured by
reason of the Public Records or any other records that impart
constructive notice of matters affecting the Title.
(g) "Land": The land described in ScheduleA, and affixed improve-
ments that by law constitute real property. The term "Land"
does not include any property beyond the lines of the area
described in Schedule A, nor any right, title, interest, estate, or
easement in abutting streets, roads, avenues, alleys, lanes, ways,
or waterways, but this does not modify or limit the extent that a
right of access to and from the Land is insured by this policy.
(h) "Mortgage": Mortgage, deed of trust, trust deed, or other secu-
rity instrument, including one evidenced by electronic means
authorized by law.
(i) "Public Records": Records established under state statutes at
Date of Policy for the purpose of imparting constructive notice
of matters relating to real property to purchasers for value and
without Knowledge. With respect to Covered Risk 5(d), "Public
OP -6 ALTA 6.17-06 Owner's Policy
(j) "title": The estate or interest described in Schedule A.
(k) "Unmarketable Title": Title affected by an alleged or apparent
matter that would permit a prospective purchaser or lessee of
the Title or lender on the Title to be released from the obligation
to purchase, lease, or lend if there is a contractual condition
requiring the delivery of marketable title.
2. CONTINUATION OF INSURANCE
The coverage of this policy shall continue in force as of Date of
Policy in favor of an Insured, but only so long as the insured retains
an estate or interest in the Land, or holds an obligation secured by a
purchase money Mortgage given by a purchaser from the Insured,
or only so long as the Insured shall have liability by reason of war-
ranties in any transfer or conveyance of the Title, Thispolicyshall
not continue in force in favor of any purchaser from the Insured
of either (i) an estate or interest in the Land, or (ii) an obligation
secured by a purchase money Mortgage given to the Insured.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED
CLAIMANT
The Insured shall notify the Company promptly in writing (i) in
case of any litigation as set forth in Section 5(a) of these Condi-
tions, (ii) in case Knowledge shall come to an Insured hereunder of
any claim of title or interest that is adverse to the Title, as insured,
and that might cause loss or damage for which the Company may
be liable by virtue of this policy, or (iii) if the Title, as insured, is
rejected as Unmarketable Title. If the Company is prejudiced by
the failure of the Insured Claimant to provide prompt notice, die
Company's liability to the Insured Claimant under the policy shall
be reduced to the extent of the prejudice.
4. PROOF OF LOSS
In the event the Company is unable to determine the amount of loss
or damage, the Company may, at its option, require as a condition
of payment that the Insured Claimant furnish a signed proof of loss.
The proof of loss must describe the defect, lien, encumbrance, or
other matter insured against by this policy that constitutes the basis
of loss or damage and shall state, to the extent possible, the basis
of calculating the amount of the loss or damage.
5. DEFENSE AND PROSECUTION OFACTTONS
(a) Upon written request by the Insured, and subject to the options
contained in Section 7 of these Conditions, the Company, at
its own cost and without unreasonable delay, shall provide for
the defense of an Insured in litigation in which any third party
asserts a claim covered by this policy adverse to the Insured.
This obligation is limited to only those stated causes of action
alleging matters insured against by this policy. The Company
shall have the right to select counsel of its choice (subject to the
right of the Insured to object for reasonable cause) to represent
the Insured as to those stated causes of action. It shall not be
liable for and will not pay the fees of any other counsel. The
Company will not pay any fees, costs, or expenses incurred by
the Insured in the defense of those causes of action that allege
matters not insured against by this policy.
(b) The Company shall have the right, in addition to the options
contained in Section 7 of those Conditions, at its own cost, to
institute and prosecute any action or proceeding or to do any
other act that in its opinion may be necessary or desirable to
establish the Title, as insured, or to prevent or reduce loss or
Lary Glen Open Space I Location and Extent Application 00003L+
Parcel p:246721400008,246727201802,246727201803
Page 3
40
CONDITIONS AND STIPULATIONS -CONTINUED
damage to the Insured. The Company may take any appropri-
ate action under the terns of this policy, whether or not it shall
be liable to the Insured. The exercise of these rights shall not
be an admission of liability or waiver of any provision of this
policy. If the Company exercises its rights under this subsec-
tion, it must do so diligently.
(c) Whenever the Company brings an action or asserts a defense as
required or permitted by this policy, the Company may pursue
the litigation to a final determination by a court of competent
jurisdiction, and it expressly reserves the right, in its sole dis-
cretion, to appeal any adverse judgment or order.
6. DUTY OF INSURED CLAIMANT TO COOPERATE
(a) In all cases where this policy permits or requires the Company to
prosecute or provide for the defense of any action or proceeding
and any appeals, the Insured shall secure to the Company the
right to so prosecute or provide defense in the action or pro-
ceeding, including the right to use, at its option, the name of the
Insured for this purpose. Whenever requested by the Company,
the Insured, at the Company's expense, shall give the Company
all reasonable aid (i) in securing evidence, obtaining witnesses,
prosecuting or defending the action or proceeding, or effecting
settlement, and (ii) in any other lawful act that in the opinion
of the Company may be necessary or desirable to establish
the Tide or any other matter as insured. If the Company is
prejudiced by the failure of the Insured to furnish the required
cooperation, the Company's obligations to the Insured tinder
the policy shall terminate, including any liability or obligation
to defend, prosecute, or continue any litigation, with regard to
the matter or matters requiring such cooperation.
(b) The Company may reasonably require the Insured Claimant to
submit to examination under oath by any authorized representa-
tive of the Company and to produce for examination, inspection,
and copying, at such reasonable times and places as may be
designated by the authorized representative of the Company,
all records, in whatever medium maintained, including books,
ledgers, checks, memoranda, correspondence, reports, e-mails,
disks, tapes, and videos whether bearing a date before or after
Date of Policy, that reasonably pertain to the loss or damage.
Further, if requested by any authorized representative of the
Company, the Insured Claimant shall grant its permission, in
writing, for any authorized representative of the Company to
examine, inspect, and copy all of these records in the custody or
control of a third party that reasonably pertain to the loss or dam-
age. All information designated as confidential by the Insured
Claimant provided to the Company pursuant to this Section shall
not be disclosed to others unless, in the reasonable judgment of
the Company, it is necessary in the administration of the claim.
Failure of the Insured Claimant to submit for examination under
oath, produce any reasonably requested information, or grant
permission to secure reasonably necessary information from
third parties as required in this subsection, unless prohibited by
law or governmental regulation, shall terminate any liability of
the Company under this policy as to that claim.
7. OPTIONS TO PAY OR OTHERWISE SETTLE
CLAIMS; TERMINATION OF LIABILITY
In case of a claim under this policy, the Company shall have the
following additional options:
(a) To Pay or Tender Payment of the Amount of Insurance.
To pay or tender payment of the Amount of Insurance ander this
policy together with any costs, allomeys' fees, and expenses in -
OP -6 ALTA 6-17.06 Owner's Policy
curred by the Insured Claimant that were authorized by the Com-
pany up to the time of payment or tender of payment and that the
Company is obligated to pay.
Upon the exercise by the Company of this option, all liability and
obligations of the Company to the Insured under this policy, other
than to make the payment required in this subsection, shall termi-
nate, including any liability or obligation to defend, prosecute, or
continue any litigation.
(b) To Pay orOtherwise Settle With Parties Other Than the Insured
or With the Insured Claimant.
(i) To pay or otherwise settle with other parties for or in the
name of an Insured Claimant any claim insured against
under this policy. In addition, the Company will pay any
costs, attorneys' fees, and expenses incurred by the insured
Claimant that were authorized by the Company up to the
time of payment and that the Company is obligated to pay;
or
(ii) To pay or otherwise settle with the Insured Claimant the
loss or damage provided for under this policy, together with
any costs, attorneys' fees, and expenses incurred by the
Insured Claimant that were authorized by the Company up
to the time of payment and that the Company is obligated
to pay.
Upon the exercise by the Company of either of the options provided
for in subsections (b)(i) or (ii), the Company's obligations to the
Insured under this policy for the claimed loss or damage, other
than the payments required to be made, shall terminate, including
any liability or obligation to defend, prosecute, or continue any
litigation.
8. DETERMINATION AND EXTENT OF LIABILITY
This policy is a contract of indemnity against actual monetary loss
or damage sustained or incurred by the Insured Claimant who has
suffered loss or damage by reason of matters insured against by
this policy.
(a) The extent of liability of the Company for loss or damage under
this policy shall not exceed the lesser of
(i) the Amount of Insurance; or
(ii) the difference between the value of the Title as insured and
the value of the Title subject to the risk insured against by
this policy.
(b) If the Company pursues its rights under Section 5 of these
Conditions and is unsuccessful in establishing the Title, as
insured,
(i) the Amount of Insurance shall be increased by 10%, and
(ii) the Insured Claimant shall have the right to have the loss
or damage determined either as of the date the claim was
made by the Insured Claimant or as of the date it is settled
and paid.
(c) In addition to the extent of liability under (a) and (b), the Com-
pany will also pay those costs, attorneys' fees, and expenses
incurred in accordance with Sections 5 and 7 of these Condi-
tions.
9. LIMITATION OF LIABILITY
(a) If the Company establishes the Title, or removes the alleged
defect, lien, or encumbrance, or cures the lack of a right of ac-
cess to or from the Land, or cures the claim of Umnarketable
Title, all as insured, in a reasonably diligent manner by any
000035
Page 4
Lazy Glen Open Space I Location and Extent Application 41
Parcel #: 246721400008, 246727201802, 246727201803
method, including litigation and the completion of any appeals,
it shall have fully performed its obligations with respect to that
matter and shall not be liable for any loss or damage caused to
the Insured.
(b) In the event of any litigation, including litigation by the Com-
pany or with the Company's consent, the Company shall have
no liability for loss or damage until there has been a final deter-
mination by a court of competent jurisdiction, and disposition
of all appeals, adverse to the Title, as insured.
(c) The Company shall not be liable for loss or damage to the
Insured for liability voluntarily assumed by the Insured in set-
tling any claim or suit without the prior written consent of the
Company.
10. REDUCTION OF INSURANCE; REDUCTION OR
TERMINATION OF LIABILITY
All payments under this policy, except payments made for costs,
attorneys' fees, and expenses, shall reduce the Amount of insurance
by the amount of the payment.
11. LIABILITY NONCUMULATIVE
The Amount of Insurance shall be reduced by any amount the
Company pays under any policy insuring a Mortgage to which
exception is taken in Schedule B or to which the Insured has agreed,
assumed, or taken subject, or which is executed by an Insured after
Date of Policy and which is a charge or lien on the Title, and the
amount so paid shall be deemed a payment to the Insured under
this policy.
12. PAYMENT OF LOSS
When liability and the extent of loss or damage have been definitely
fixed in accordance with these Conditions, the payment shall be
made within 30 days.
13. RIGHTS OF RECOVERY UPON PAYMENT OR
SETTLEMENT
(a) Whenever the Company shall have settled and paid a claim
under this policy, it shall be subrogated and entitled to the
rights of the Insured Claimant in the Title and all other rights
and remedies in respect to the claim that the Insured Claimant
has against any person or property, to the extent of the amount
of any loss, costs, attorneys' fees, and expenses paid by the
Company. If requested by the Company, the Insured Claimant
shall execute documents to evidence the transfer to the Com-
pany of these rights and remedies. The Insured Claimant shall
permit the Company to sue, compromise, or settle in the name
of the Insured Claimant and to use the name of the Insured
Claimant in any transaction or litigation involving these rights
and remedies.
If a payment on account of a claim does not fully cover the loss
of the Insured Claimant, the Company shall defer the exercise
of its right to recover until after the Insured Claimant shall have
recovered its loss.
(b) The Company's right of subrogation includes the rights of the
Insured to indemnities, guaranties, other policies of insurance,
or bonds, notwithstanding any terms or conditions contained
in those instruments that address subrogation rights.
14. ARBITRATION
Either the Company or the Insured may demand that the claim or
controversy shall be submitted to arbitration pursuant to the Title
Insurance Arbitration Rules of the American Land Title Associa-
tion ("Rules"). Except as provided in the Rules, there shall be
OP -6 ALTA 6.17-06 Owner's Policy
no joinder or consolidation with claims or controversies of other
persons. Arbitrable matters may include, but are not limited to,
any controversy or claim between the Company and the Insured
arising out of or relating to this policy, any service in connection
with its issuance or the breach of a policy provision, or to any other
controversy or claim arising out of the transaction giving rise to
this policy. All arbitrable matters when the Amount of Insurance
is $2,000,000 or less shall be arbitrated at the option of either the
Company or the Insured. All arbitrable matters when the Amount
of Insurance is in excess of $2,000,000 shall be arbitrated only
when agreed to by both the Company and the insured. Arbitration
pursuant to this policy and under the Rules shall be binding upon
theparties. Judgment upon the award rendered by theArbitrator(s)
may be entered in any court of competent jurisdiction.
15. LIABILITY LIMITED TO THIS POLICY; POLICY
ENTIRE CONTRACT
(a) This policy together with all endorsements, if any, attached to
it by the Company is the entire policy and contract between the
Insured and the Company. In interpreting any provision of this
policy, this policy shall be construed as a whole.
(b) Any claim of loss or damage that arises out of the status of the
Title or by any action asserting such claim shall be restricted
to this policy.
(c) Any amendment of or endorsement to this policy must be in
writing and authenticated by an authorized person, or expressly
incorporated by Schedule A of this policy.
(d) Each endorsement to this policy issued at any time is made a
part of this policy and is subject to all of its terms and provi-
sions. Except as the endorsement expressly states, it does not
(i) modify any of the terms and provisions of the policy, (ii)
modify any prior endorsement, (iii) extend the Date of Policy,
or (iv) increase the Amount of Insurance.
16. SEVERABILITY
In the event any provision of this policy, in whole or in part, is held
invalid or unenforceable under applicable law, the policy shall be
deemed not to include that provision or such part held to be invalid,
but all other provisions shall remain in full force and effect.
17. CHOICE OF LAW; FORUM
(a) Choice of Law: The Insured acknowledges the Company has
underwritten the risks covered by this policy and determined
the premium charged therefor in reliance upon the law affecting
interests in real property and applicable to the interpretation,
rights, remedies, or enforcement of policies of title insurance
of the jurisdiction where the Land is located.
Therefore, the court or an arbitrator shall apply the law of the
jurisdiction where the Land is located to determine the validity
of claims against the Title that are adverse to the Insured and to
interpret and enforce the terms of this policy. In neither case
shall the court or arbitrator apply its conflicts of law principles
to determine the applicable law.
(b) Choice of Foram: Any litigation or other proceeding brought
by the Insured against the Company must be filed only in a
state or federal courtwithin the United States ofAmerica or its
territories having appropriate jurisdiction.
18. NOTICES, WHERE SENT
Any notice of claim and any other notice or statement in writing
required to be given to the Company under this policy must be
given to the Company at: Westcor Land Title Insurance Company,
Attn.: Claims, 875 Concourse Parkway South, Suite 200, Maitland,
FL 32751.
Page 5
00003G
Lary Glen Open Space I Location and Extent Application 42
Parcel lt:246721400008,246727201802,246727201803
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OP -6 ALTA ,_w _y Page
Lazy Glen Open Space I Location and _mom me 000037
Parcel +ammo 246727201802, 246727201803 43
Owner's Policy of Title Insurance — Schedule A
Issued by
Name and Address of Title Insurance Company: Westcor Land Title Insurance Company, 201 N. New York Avenue,
Suite 200, Winter Park, Florida, 32789
State: CO
County: PITKIN
Address Reference: 99 N. RIVER ROAD, SNOWMASS, CO 81654
File No.: PCT23922W5
Amount of Insurance: $2,585,000.00
Date of Policy: March 27, 2015 @ 12:49 PM
Policy No.: OP-6-CO1045-4151165
Premium: $ 4,746.00
Simultaneous M N/A Reinsurance M 104478
1. Name of Insured: PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS
2. The estate or interest in the Land that is insured by this policy is: IN FEE SIMPLE
3. Title is vested in: PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS
4. The Land referred to in this policy is described as follows:
See Attached Exhibit "A"
Issued By
Authorized Signatory
000033
Lary Glen Open Space I Location and Extent Application 44
Parcel #: 246721400008, 246727201802, 246727201803
EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL A:
A tract of land being part of Tract 68 situated in the Southwest 1/4 Southwest 1/4 of Section 22 and in the Northwest 1/4
Northwest 1/4 of Section 27, Township 8 South, Range 86 West of the 6th P.M., said tract is more fully described as
follows:
Beginning at a point on the Southwesterly edge of the Denver & Rio Grande Railroad right-of-way, whence the witness
comer to the Northwest Comer of said Section 27 (a U.S.G.L.O. Brass Cap) bears S 63°57'23" W 330.54 feet;
thence S 34010'17" E 255.13 feet along the Southwesterly edge of said R.O.W.;
thence South 240.00 feet to a point on the Northeasterly bank of the Roaring Fork River;
thence N 59°53'42" E 165.64 feet along said bank of river;
thence North 368.00 feet to the point of beginning.
PARCEL B:
A tract of land situated in Tracts 65, 66, 67 and 68, said Tracts being parts of Section 21, 22, 27 and 28, Township 8
South, Range 86 West of the 6th P.M., and being more fully described as follows:
Beginning at Angle Point No. 1 of said Tract 65,
thence North 304.32 feet to Angle Point No. 2 of said Tract 66;
thence S 87035'13" E 1463.30 feet to Angle Point No. 1 of said Tract 66;
thence South 1636.38 feet to Angle Point No. 4 of said Tract 66;
thence N 88'1600" E 399.30 feet along the North line of said Tract 68, to the Northwest corner of that certain tract of land
conveyed to Otto L. Kuehn, a/k/a Oftie Kuehn, by Deed recorded August 29, 1967 in Book 228 at Page 526 of the Pitkin
County records;
thence South 2172.75 feet along the West line of said Tract conveyed to Otto L. Kuehn to the Northerly right-of-way line of
Colorado State Highway No. 82;
thence N 46°54'20" W 1051.73 feet along the Northerly right-of-way line of said Highway;
thence along the arc of a curve to the right having a radius of 1860.00 feet a distance of 681.73 feet along said
right-of-way;
thence N 25"54'19" W, a distance of 513.50 feet along said right-of-way;
thence along the arc of a curve to the left having a radius of 2342.00 feet a distance of 407.14 feet along said right-of-way
to the most Southerly corner of that Tract of land described in Book 214 at Page 565 of the Pitkin County Records;
thence N 55°25'00" E along the Southerly line of said Tract to the center of the Roaring Fork River;
thence Northwesterly along the centerline of said river to the North line of said Tract 65;
thence S 89023'20" E 1125.16 feet to Angle Point No. 1 of said Tract 65, the point of beginning.
EXCEPT that part of the above described parcel previously conveyed to the Denver and Rio Grande Western Railroad
Company, being a strip of land 100 feet on either side of the centerline of the tract of the D & R G W RR as presently
constructed and in place over and across the above described tract.
EXCEPT Final Plat of the Johns Lot Line Adjustment and 1st Amendment to the Naylor Lot Split, according to the Plat
thereof recorded in Plat Book 36 at Page 51.
EXCEPT that portion of the subject property conveyed the the Colorado Department of Transportation in Deed recorded
April 3, 2001 as Reception No. 452977.
EXCEPT that portion of the subject property conveyed by Deed recorded July 28, 2006 as Reception No. 526970.
Lazy Glen Open Space I Location and Extent Application 45
Parcel M: 246721400008, 246727201802, 246727201803
SCHEDULE B -OWNERS
CASE NUMBER DATE OF POLICY POLICY NUMBER
PCT23922W5 March 27, 2015 @ 12:49 PM OP-6-CO1045-4151165
THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE BY REASON OF THE FOLLOWING:
1. Any facts, rights, interests, or claims which are not shown by the public records but which could be
ascertained by an inspection of the land or which may be asserted by persons in possession, or claiming
to be in possession, thereof.
2. Easements, liens, encumbrances, or claims thereof, which are not shown by the public records.
3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that
would be disclosed by an accurate and complete land survey of the Land, and that is not shown by the
public records.
4. Any lien, or right to a lien, imposed by law for services, labor, or material heretofore or hereafter furnished,
which lien, or right to a lien, is not shown by the public records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance
thereof; (c) Indian treaty or aboriginal rights, including but not limited to, easements or equitable
servitudes; or, (d) water rights, claims or title to water(see additional information page regarding water
rights), whether or not the matters excepted under (a), (b), (c) or (d) are shown for the public records.
6. Taxes or assessments which are not now payable or which are not shown as existing liens by the records
of any taxing authority that levies taxes or assessments on real property or by the public records;
proceedings by a public agency which may result in taxes or assessments, or notices of such
proceedings, whether or not shown by the records of such agency or by the public records
7. Any service, installation, connection, maintenance or construction charges for sewer, water, electricity, or
garbage collection or disposal or other utilities unless shown as an existing lien by the public records.
SPECIAL EXCEPTIONS:
8. Taxes and assessments (not including condominium or homeowners association assessments or dues)
for the year 2015 and subsequent years only, a lien not yet due and payable.
9. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found
to penetrate or intersect the premises hereby granted and right of way for ditches or canals constructed by
the authority of the United States as reserved in United States Patents recorded April 2, 1917 in Book 55
at Page 220, July 31, 1917 in Book 55 at Page 226, July 31, 1917 in Book 55 at Page 549 and July 31,
1917 in Book 55 at Page 225.
view
10. Easement and right of way for an easement for ingress and egress as set forth in instrument recorded
August 29, 1967 in Book 228 at Page 526.
view
11. Easement and right of way for an electric transmission or distribution line or system, as granted to Holy
Cross Electric Association, Inc., in instruments recorded October 23, 1973 in Book 280 at Page 644 and
October 23, 1973 in Book 280 at Page 645 and 646.
view
12. Terms, conditions, provisions and obligations as set forth in Agreements recorded June 28, 1994 in Book
754 at Page 269.
view
13. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Board of County
Commissioners recorded December 2, 1992 in Book 696 at Page 143 as Resolution No. 92-405 and
re-recorded December 16, 1992 in Book 697 at Page 939 and re-recorded August 9, 1994 in Book 757 at
Page 951.
view
14. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Board of County
Commissioners recorded October 13, 1995 in Book 796 at Page 828 as Resolution No. 95-174.
view
(Continued)
Lazy Glen Open Space i Location and Extent Application n
Parcel ri: 246721400008, 246727201802, 246727201803 46
POLICY NO. OP-6-CO1045-4151165
CASE NO. PCT23922W5
SCHEDULE B -OWNERS --EXCEPTIONS--CONTINUED--
15. Terms, conditions, provisions and obligations as set forth in Agreement for a Caretaker Dwelling Unit recorded
March 26, 1996 as Reception No. 391174.
view
16. Easement and right of way for an electric transmission or distribution line or system, as granted to Holy Cross
Electric Association, Inc., in instrument recorded September 17, 1999 as Reception No. 435612.
view
17. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Board of County
Commissioners recorded October 30, 2002 as Reception No. 474188 as Resolution No. 193-2002.
view
18. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Board of County
Commissioners recorded November 18, 2003 as Reception No. 491305 as Resolution No. 126-2003.
view
19. Terms, conditions, provisions and obligations as set forth in Agreement recorded July 25, 2005 as Reception No.
512764
view
20. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Board of County
Commissioners recorded August 15, 2006 as Reception No. 527483 as Resolution No. 06-71.
view
21. Terms, conditions, provisions and obligations as set forth in Water Use and Ditch Operating Agreement recorded
December 18, 2014 as Reception No. 616111 and re-recorded January 20, 2015 as Reception No. 616779.
22. Terms, conditions, provisions and obligations as set forth in Agreement recorded December 18, 2014 as
Reception No. 616112 and Amendment to Trail Easement Agreement recorded March 27, 2015 as Reception No.
618518.
23. Terms, conditions, provisions and obligations as set forth in Water Rights Agreement recorded January 20, 2015
as Reception No. 616780 and Amendment to Water Rights Agreement recorded March 27, 2015 as Reception
No. 618519.
24. Terms, conditions, provisions, obligations and all matters as set forth in Ordinance No. 007, Series of 2015 by
Board of County Commissioners of Pitkin County recorded March 27, 2015 as Reception No. 618508.
25. Terms, conditions, provisions and obligations as set forth in Memorandum of Water Allotment Contract recorded
March 27, 2015 as Reception No. 618523 and 618524. and 618525.
(Continued)
Lazy Glen Open Space I Location and Extent Application 000041
Parcel 4: 246721400008, 246727201802, 246727201803
47
POLICY NO. OP-6-CO1045-4151165
CASE NO. PCT23922W5
SCHEDULE B -OWNERS —EXCEPTIONS--CONTINUED--
26. Any question, dispute or adverse claim as to any loss or gain of land as a result of any change in the river bed
location by other than natural causes, or alteration through accretion, relict ion, erosion or avulsion of the center
thread, bank, channel or Flow of waters in the Roaring Fork River lying within subject land; and any question as to
the location of such center thread, bed, bank, bed or channel as a legal description monument or marker for the
purposes of describing or locating subject lands.
NOTE: There are no documents in the land records of the Office of the Clerk and Recorder of Pitkin County,
Colorado accurately locating past or present location(s) of the center thread, bank, bed, or channel of the above
River or indicating any alterations of the same as from time to time may have occurred.
AND
Any rights, interest or easements in favor of the riparian owners, the State of Colorado, The United States of
America, or the general public, which exist, have existed, or are claimed to exist in and over the waters and
present and past bed and banks of the Roaring Fork River.
EXCEPTIONS NUMBERED 1 THRU 7 ARE HEREBY DELETED, EXCEPT FOR SUBSECTION (d) UNDER
PARAGRAPH NUMBER 5 (WATER RIGHTS).
OnOO42
Lazy Glen Open Space 1 Location and Extent Application 48
Parcel #: 246721400008, 246727201802, 246727201803
Obligatory Insurance Fraud Statement:
We are obligated by Colorado Law (CRS 10-1-128) to provide the following statement:
It is unlawful to knowingly provide false, incomplete or misleading facts or information to an insurance
company for the purpose of defrauding or attempting to defraud the company. Penalties may include
imprisonment, fines, denial or insurance and civil damages. Any insurance company or agent of an insurance
company who knowingly provides false, incomplete or misleading facts or information to a policy holder or
claimant for the purpose of defrauding or attempting to defraud the policy holder or claimant with regard to a
settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance
within the Department of Regulatory Agencies.
000043
Lary Glen Open Space I Location and Extent Application 49
Parcel 246721400008,246727201802, 246727201803
7. TITLE POLICY - BIONAZ PARCEL
Land Title Guarantee Company
Date:July 11, 2016
Land Title
GUAMN E ( PA
-- Nmer r;b-
THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
530 EAST MAIN STREET, 3RD FLOOR
ASPEN, CO 81611
dale.will@pitkincounty.com
Subject: Attached Title Policy 0X62007006.1526860
for 26501 HIGHWAY 82, SNOWMASS, CO 81654
Enclosed please find the Owner's Title Insurance Policy for your purchase of the property listed
above.
This title policy is the final step in your real estate transaction, and we want to take a moment to
remind you of its importance. Please review all information in this document carefully and be sure
to safeguard this policy along with your other legal documents.
Your owner's policy insures you as long as you own the property and requires no additional
premium payments.
Please feel free to contact any member of our staff if you have questions or concerns regarding
your policy, or you may contact the Final Policy Department at Phone: 970-927-0405 or Email
Address: finals@ltgc.com
As a Colorado -owned and operated title company for over 45 years, with offices throughout the
state, we take pride in serving our customers one transaction at a time. We sincerely appreciate
your business and welcome the opportunity to assist you with any future real estate needs. Not
only will Land Title be able to provide you with the title services quickly and professionally, but you
may also be entitled to a discount on title premiums if you sell or refinance the property described
in the enclosed policy.
Thank you for giving us the opportunity to work with you on this transaction. We look forward to
serving you again in the future.
Sincerely,
Land Title Guarantee Company
Onnn45
Lazy Glen Open Space I Location and Extent Application
Parcel p:246721400008,246727201802,246727201803
51
it
OWNER'S POLICY OF TITLE INSURANCE
ANY NOTICE OF CLAIM AND ANY OTHER NOTICE OR STATEMENT IN WRITING REQUIRED TO BE GIVEN TO THE COMPANY
'MINDER THIS POLICY MUST BE GIVEN TO THE COMPANY AT THE ADDRESS SHOWN IN SECTION 1Q OF THE CONDITIONS.
*COVERED RISKS
* * * SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B
AND THE CONDITIONS, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation, (the
"Company"), insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding
the Amount of Insurance, sustained or incurred by the Insured by reason of:
1. Title being vested other than as stated in Schedule A.
2. Any defect in or lien or encumbrance on the title; This covered Risk includes but is not limited to insurance against loss from
(a) A defect in the Title caused by
(i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation; (ii) failure of any person or Entity to have
authorized a transfer or conveyance;
(iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered; (iv) failure to
perform those acts necessary to create a document by electronic means authorized by law;
(v) a document executed under a falsified, expired, or otherwise invalid power of attorney;
(vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic
means authorized by law; or
(vii) a defective judicial or administrative proceeding.
(b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid.
(c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Tide that would be disclosed by an accurate and
complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the Land onto
adjoining land, and encroachments onto the Land of existing improvements located on adjoining land.
3. Unmarketable Title.
4. No right of access to and from the Land.
5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting,
regulating, prohibiting, or relating to
(a) the occupancy, use or enjoyment of the Land;
(b) the character, dimensions, or location of any improvement erected on the Land;
(c) the subdivision of land; or
(d) environmental protection
if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the
extent of the violation or enforcement referred to in that notice.
6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement
action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice.
7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records.
8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge.
9. Title being vested other than as stated in Schedule A or being defective
(a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title
to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a
fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws; or
(b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state
insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records
(i) to be timely, or
(ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor,
10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has
been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in
the Public Records that vests Tide as shown in Schedule A.
The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the extent
provided in the Conditions. OLD REPUBLIC NATIONAL TITLE INSURANCE O COMPANY
Issued through the Office of:
LAND TITLE GUARANTEE COMPANY
3033 E 1ST AVE #600
DENVER, CO 80206
303-850-4165
'. ��7_�_
John E. Freyer, President
a Stock Company
400 Second Avenue South
Minneapolis, Minnesota 55401
612) 371-1111
V
Mark Bilbrey, President
AMERICAN
LAND TITLE
ASSOCIATION
Rande Yeager, Secretary
nr
Copyright 2006-2015 American two Title Association. All rights reserved. The use of this form is restricted to ALTA licensees and ALTA members in good
standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Tide Association.
AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY Adopted 6.17-06
ao.06.policy.pgLortodt
Lary Glen Open Space I Location and Extent Application O 0 O O 4 G 52
Parcel N:246721400008,246727201802,246727201803
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that
arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting or relating to
O the occupancy, use, or enjoyment of the Land;
(i) the character, dimensions, or location of any improvement erected on the Land;
(iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage
provided under Covered Risk 5.
(b)Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or lima the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured Claimant
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the
Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title.
4. 4. Any claim, by reason of the operation of federal bankruptcy, slate insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown
in Schedule A, is
(a) a fraudulent conveyance or fraudulent transfer; or
(b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy.
S. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date
of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A.
CONDITIONS
1. DEFINITION OF TERMS
The following terms when used in this policy mean
(a) "Amount of Insurance": The amount stated in Schedule A, as may be increased or decreased by endorsement to this policy, increased by Section 8(b) or
decreased by Sections 10 and 11 of these Conditions.
(b) "Date of Policy: The date designated as "Date of Policy' in Schedule A.
(c)'En[ity': Acorporation, partnership, trust, limited liability company, or other similar legal entity.
(d) "Insured": The Insured named in Schedule A.
(I) The term "Insured" also includes
(A) successors to the Tide of the Insured by operation of law as distinguished from purchase, including heirs, devisees, survivors,
personal representatives, or next of kin;
(B) successors to an Insured by dissolution, merger, consolidation, distribution, or reorganization; (C) successors to an Insured by its
conversion to another kind of Entity;
(D) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Tide
(1) if the stock, shares, memberships, or other equity interests of the grantee are wholtyawned by the named Insured.
(2) if the grantee wholly owns the named Insured.
(3) If the grantee is wholly-owned by an affiliated Entity of the named Insured, provided the affiliated Entity and the
named Insured are
both wholly-owned by the same person or Emily, or
(4) if the grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured named in
Schedule A for estate planning purposes.
(ii) Wah regard to (A), (B), (C), and (D) reserving, however, all rights and defensed as to any successor that the Company would have had
against any predecessor Insured.
(e) "Insured Claimant": An Insured claiming loss or damage.
(1) "Knowledge" or "Known": Actual knowledge, not constructive knowledge or notice that may be imputed to an Insured by reason of the Public Records or
any other records that Impart constructive notice of matters affecting the Tide.
(g) "Land": The land described in Schedule A, and affixed improvements that by law constitute real property. The term "Land" does not include any
property beyond the lines of the area described in Schedule A, nor any right, title, interest estate, or easement in abutting streets, roads, avenue, alleys,
Imes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is insured by this policy.
(h) "Mortgage": Mortgage, deed of trust, trust deed, or other security instrument, Including one evidenced by electronic means authorized by law.
()'Public Records": Records established under state statutes at Date of Polity for the purpose of impeding constructive notice of matters relating to real
property to purchasers for value and without Knowledge. With respect to Covered Risk 5(d), "Public Records" shall also include environmental protection
liens filed in the records of the clerk of the United States District Court for the district where the Land is located.
O "Title": The estate or interest described in Schedule A.
'Unmarketable Title": Tide affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or lender on the Title to
be released from the obligation to purchase, lease, or lend if there is a contractual condition requiring the delivery of marketable title.
2. CONTINUATION OF INSURANCE
The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured, but only so long as the Insured retains an estate or interest in the Land, or
holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured, or only so long as the Insured shall have liability by reason of
warranties in any transfer or conveyance of the Title. This policy shall not confinue in force in favor of any purchaser from the Insured of ember (i) an estate or interest in
the Land, or (ii) an obligation secured by a purchase money Mortgage given to the Insured.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT
The Insured stall nosy the Company promptly in writing (i) in case of any litigation as set forth in Section 5(a) of these Conditions, (i) in case Knowledge shell come to
an Insured hereunder of any claim of title or interest that is adverse to the Title, as insured, and that might cause loss or damage for which the Company may be liable
by virtue of this policy, or (iii) if the Title, as insured, is rejected as Unmarketable Idle. lithe Company is prejudiced by the failure of the Insured Claimant to provide
prompt notice, the Company's liability to the Insured Claimant under the policy shall be reduced to the extent of the prejudice.
4, PROOF OF LOSS
In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of payment that the Insured
Claimant furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other matter insured against by this policy that constitutes the
basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage.
5. DEFENSE AND PROSECUTION OF ACTIONS
(a) Upon written request by the Insured, and subject to the options contained in Section 7 of these Conditions, the Company, at its own cast and without unreasonable
delay, shall provide for the defense of an Insured in litigation in which any mint parry asserts a claim covered by this policy adverse to the Insured. This obligation is
limited to only those stated causes of action alleging matters insured against by this policy. The Company shall have the right to select counsel of its choice (subject to
the right of the insured to object for reasonable cause) to represent the Insured as to those stated causes of action. It shall not be liable for and will not pay the fees of
any other counsel. The Company will not pay any fees, costs, or expenses incurred by the Insured in the defense of those muses of action that allege matters not
Lary Glen Open Space I Location and Extent Application U U U U 4 I 53
Parcel #: 246721400008, 246727201802, 246727201803
Insured against by this policy.
(b) The Company shall have the right, in addition to the options contained In Section 7 of these Conditions, at is own cost, to institute and prosecute any action or
proceeding or to do any other act that in its opinion may be necessary or desirable to establish the Tale, as insured, or to prevent or reduce loss or damage to the
Insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable to the Insured. The exercise of these rights shall
not be an admission of liability or waiver of any provision of this policy. If the Company exercises as rights under this subsection, it must to so diligently.
(c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation to a final determination
by a court of competent jurisdiction, and it expressly reserves the right, In Its sole discretion, to appeal any adverse judgment or order.
6. DUTY OF INSURED CLAIMANT TO COOPERATE
(a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals, the Insured shall
secure to the Company the right to so prosecute or provide defense in the action or proceeding, Including the right to use, at as option, the name of the Insured for this
purpose. Whenever requested by the Company, the Insured, at the Company's expense, shall give the Company all reasonable aid (i) in securing evidence, obtaining
witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act that in the opinion of the Company may be
necessary or desirable to establish the Title or any other matter as insured. If the Company is prejudiced by the failure of the Insured to tumish the required cooperation,
the Companys obligation to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to
the matter or matters requiring such cooperation.
(b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to produce for
examination, inspection, and copying, at such reasonable times and places as may be designated by the authorized representative of the Company, all records, in
whatever medium maintained, including books, ledgers, checks, memoranda, correspondence, reports, e-mails, disks, tapes, and videos whether bearing a date before
or after Date of Policy, that reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Insured Claimant shall
grant los permission, in writing, for any authorized representative of the Company to examine, inspect, and copy all of these records in the custody or control of a third
parry that reasonably pertain to the loss or damage. All information designated as confidential by the Insured Claimant provided to the Company pursuant to this Section
shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Insured Claimant to
submit for examination under oath produce any reasonably requested Information, or grant permission to secure reasonably necessary information from third parties as
required in this subsection, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this policy as to that claim.
7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY
In case of a claim under this policy, the Company shall have the following additional options:
(a) To Pay or Tender Payment of the Amount of Insurance.
To pay or tender payment of the Amount of Insurance under this policy together with any costs, attorneys' fees, and expenses incurred by the Insured
Claimant that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay. Upon the exercise
by the Company of this option, all liability and obligations of the Company to the Insured under this policy, other than to make the payment
required in the subsection, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation.
(b) To Pay or Othermse Settle With Parties Other Than the Insured or With the Insured Claimant.
(1)To pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this policy. In addition,
the Company will pay any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the
time of payment and that the Company is obligated to pay; or
(I) To pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy, together with any costs, attorneys'
fees, and expensed incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is
obligated to pay.
Upon the exercise by the Company of either of the options provided for in subsections (b)(i) or (i), the Companys obligations to the Insured under
this policy for the clamed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to
defend, prosecute, or continue any litigation.
8. DETERMINATION AND EXTENT OF LIABILITY
This policy Is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Clamant who has suffered loss or damage by reason
of matters insured against by this policy.
(a) The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of
() the Amount of Insurance; or
(ii) the difference between the value of the Tile as insured and the value of the Title subject to the risk insured against by this policy.
(b) If the Company pursues its rights under Section 5 of these Conditions and is unsuccessful in establishing the Title, as insured,
(1) the Amount of Insurance shall be increased by 10%, and
(ii) the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by the Insured
Claimant or as of the date it is settled and paid.
(c) In addition to the extent of liability under (a) and (b), the Company will also pay those costs, attorneys' fees, and expenses incurred in accordance with
Sections 5 and 7 of these Conditions.
9. LIMITATION OF LIABILITY
(a) If the Company establishes the Title, or removes the alleged defect, lien, or encumbrance, or cures the lack of a right of access to or from the Land, or cures the claim
of Unmarketable Title, all lis insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals, it shall have fully performed
Its obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured.
(b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there
has been a final determination by a court of competent jurisdiction, and disposition of all appeals, adverse to the Tale, as insured.
(c) The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in senting any claim or suit without the prior written
consent of the Company.
10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY
All payments under this polity, except payments made for costs, attorneys' fees, and expenses, shall reduce the Amount of Insurance by the amount of the payment.
1L LIABILITY NONCUMULATIVE
The Amount of Insurance shall be reduced by any amount the Company pays under any policy insuring a Mortgage to which exception is taken in Schedule B or to which
the Insured has agreed, assumed, or taken subject, or which is executed by an Insured after Date of Policy and which is a charge or lien on the Title, and the amount so
paid shall be deemed a payment to the Insured under this policy.
12. PAYMENT OF LOSS
When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the payment shall be made within 30 days.
13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT
(a) Whenever the Company shall have sewed and paid a claim under this policy, it shall be subrogated and entitled to the rights of the Insured Claimant in the Title and
all other rights and remedies in respect to the claim that the Insured Claimant has against any person or property, to the extent of the amount of any loss, costs,
attorneys' fees, and expenses paid by the Company. If requested by the Company, the Insured Claimant shall execute documents to evidence the transfer to the
Company of these rights and remedies. The Insured Claimant shall permit the Company to sue, compromise, or settle in the name of the Insured Clamant and to use the
name of the Insured Claimant in any transaction or litigation involving these rights and remedies. If a payment on account of a clam does not fully cover the loss of the
Insured Claimant, the Company shall defer the exercise of its night to recover until after the Insured Clamant shall have recovered its loss.
(b) The Companys night of subrogation includes the rights of the Insured to indemnities, guaranties, other policies of insurance, or bonds, notwithstanding any terms or
conditions contained in those instruments that address subrogation rights.
14. ARBITRATION
Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the
American Land Title Association ("Rules"). Except as provided in the Rules, there shall be no joinder or consolidation with clams or controversies of other persons,
Arbitrable matters may include, but are not limited to, any controversy or clam between the Company and the Insured arising out of or relating to this policy, any service
in connection with its issuance or the breach of a policy provision, or to any other controversy or claim arising out of the transaction giving rise to this polity. All arbitrable
matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of ether the Company or the Insured. All arbitrable matters when the
Amount of Insurance is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this policy and
under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arottrator(s) may be entered in any court of competent jurisdiction.
x..aty V ICH UPen �PdUtf I t.ux-auun amu cA.en1 MPPm,nuvn 54
Parcel #:246721400008,246727201802,246727201803
15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT
(a) This policy together with all endorsements, if any, attached fo it by the Company is the entire polity and contract between the Insured and the Company. In
Interpreting any provision of this policy, this policy shall be construed as a whole.
(b) Any claim or loss or damage that arises out of the status of the Tale or by any action asserting such claim shall he restricted to this policy.
(c) Any amendment of or endorsement to this policy must be In writing and authenticated by an authorized person, or expressly incorporated by Schedule Act this policy.
(d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and provisions. Except as the endorsement expressly
states, it does not () modify any of the terms and provisions of the policy, (ii) modify any prior endorsement, (iii) extend the Date of Policy, or (w) increase the Amount of
Insurance.
16. SEVERABILITY
In the event any provision of this polity, in whole or in part, is held invalid or unenforceable under applicable law, the policy shall be deemed notto include that provision
or such part held to be invalid, but all other provisions shall remain in full force and effect.
17. CHOICE OF LAW; FORUM
(a) Choice of Law; The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged therefor in reliance
upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of policies of dtle insurance of the jurisdiction
where the Land is located.
Therefore, the court or an arbitrator shall appy the law of the jurisdiction where the Land is located to determine the validity of claims against the Tide that are adverse
to the Insured and to interpret and enforce the terms of this policy. In neither case shall the croup or arbitrator appy its conflicts of law principles to determine the
applicable law.
(b) Choice of Forum; Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within the United States
of America or its tart homes having appropriate jurisdiction.
18. NOTICES, WHERE SENT
Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at: 400 Second
Avenue South, Minneapolis, Minnesota 55401, (612) 371-1111.
ANTI -FRAUD STATEMENT: Pursuant to CRS 10.1-128(6)(a), it is unlawful to knowingly provide false, incomplete, or misleading facts or information to an
Insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may Include imprisonment, fines, denial of insurance and
civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a
policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable
from insurance proceeds shall be reported to the Colorado division of insurance within the department of regulatory agencies.
This anti -fraud statement is affixed to and made a part of this policy.
AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY Adopted 6.17-06
Copyright 2006-2015 American Land Title Association. All rights reserved. a olf.policy.cover.odt
Lary Glen Open Space I Location and Extent Application �] d
Parcel 11: 246721400008, 246727201802, 246727201803 000049 0 4 9 55
Land Title Guarantee Company Representing Old Republic National Title Insurance Company
Schedule A
Order Number: Q 62007006 Policy Number: OX62007006.1526860
Amount: $190,000.00
Property Address:
26501 HIGHWAY 82, SNOWMASS, CO 81654
1. Policy Date:
February 24, 2016 at 5:00 P.M.
2. Name of Insured:
THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO
3. The estate or interest in the Land described or referred to in this Schedule and which is covered by
this policy is:
Gld��.`lI�I9q�
4. Title to the estate or interest covered by this policy at the date is vested in:
THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO
5. The Land referred to in this Policy is described as follows:
LOTS 2 AND 3, BIONAZ GULCH SUBDIVISION EXEMPTION PLAT, ACCORDING TO THE PLAT
RECORDED FEBRUARY 18, 2016 UNDER RECEPTION NO. 62�, COUNTY OF PITKIN, STATE OF
COLORADO.
ALSO KNOWN AS:
A PARCEL OF LAND BEING THAT PORTION OF LOT 1, IRVIN NAYLOR LOT SPLIT, ACCORDING TO THE
PLAT THEREOF, RECORDED AUGUST 23, 1982 IN PLAT BOOK 13 AT PAGE 77 AS RECEPTION NO.
243626 AND FIRST AMENDMENT THERETO RECORDED MARCH 3, 1995 IN PLAT BOOK 36 AT PAGE 51
AS RECEPTION NO. 379434, LYING NORTH OF THE CENTERLINE OF THE ROARING FORK RIVER,
ALSO LYING, FOR REFERENCE, IN TRACT 68, IN SECTION 27, TOWNSHIP 8 SOUTH, RANGE 86 WEST
OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF PITKIN, STATE OF COLORADO, AND BEING MORE
FULLY DESCRIBED AS FOLLOWS:
BEGINNING AT AN ANGLE POINT ON THE WEST LINE OF SAID LOT 1, IRVIN NAYLOR LOT SPLIT,
THENCE ALONG THE BOUNDARY OF SAID LOT 1, IRVIN NAYLOR LOT SPLIT THE FOLLOWING EIGHT
(8) COURSES;
1. N 00000'00" E A DISTANCE OF 1731.14 FEET TO THE NORTHWEST CORNER OF SAID LOT 1, IRVIN
NAYLOR LOT SPLIT;
2. N 88015'00" E A DISTANCE OF 805.04 FEET TO THE NORTHEAST CORNER OF SAID LOT 1, IRVIN
NAYLOR LOT SPLIT,
Lary Glen Open Space I Location and Extent Application 0 0 0 5 0 56
Parcel #: 246721400008, 246727201802, 246727201803 l.' Li
Land Title Guarantee Company Representing Old Republic National Title Insurance Company
Schedule A
3. S 00000'00" E A DISTANCE OF 1320.00 FEET TO AN ANGLE POINT OF SAID LOT 1, IRVIN NAYLOR
LOT SPLIT;
4. S 30005'06" W A DISTANCE OF 761.29 FEET AN ANGLE POINT OF SAID LOT 1, IRVIN NAYLOR LOT
SPLIT;
5. N 53022'00" W A DISTANCE OF 100.00 FEET TO AN ANGLE POINT OF SAID LOT 1, IRVIN NAYLOR
LOT SPLIT,
6. S 30005'06" WA DISTANCE OF 91.03 FEET TO AN ANGLE POINT OF SAID LOT 1, IRVIN NAYLOR LOT
SPLIT;
7. S 35022'00" E A DISTANCE OF 109.22 FEET TO AN ANGLE POINT OF SAID LOT 1, IRVIN NAYLOR LOT
SPLIT;
8. S 30005'06" W A DISTANCE OF 80.16 FEET TO THE CENTERLINE OF THE ROARING FORK RIVER;
THENCE ALONG SAID CENTERLINE THE FOLLOWING FOUR (4) COURSES:
1. N 28000'00" W A DISTANCE OF 148.54 FEET;
2. N 36000'00" W A DISTANCE OF 140.00 FEET;
3. N 44000'00" W A DISTANCE OF 140.00 FEET;
4. N 52000'00" W A DISTANCE OF 90.00 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM:
THAT PORTION OF THE ROARING FORK TRANSPORTATION AUTHORITY (RFTA) RIGHT-OF-WAY
(ROW), (FORMERLY THE DENVER & RIO GRANDE WESTER RAILROAD RIGHT-OF-WAY), ACCORDING
TO THE RAILROAD RIGHT-OF-WAY SURVEY - BATES SEGMENT, RECORDED AS RECEPTION NO.
555087 OF THE PITKIN COUNTY RECORDS, LYING WITHIN SAID LOT 1, IRVIN NAYLOR LOT SPLIT,
BEING MORE FULLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE WEST LINE OF SAID LOT 1, IRVIN NAYLOR LOT SPLIT, ALSO BEING
ON THE SOUTHERLY LINE OF SAID RFTA ROW FROM WHENCE THE NORTHWEST CORNER OF SAID
LOT 1, IRVIN NAYLOR LOT SPLIT BEARS N00000'00"E A DISTANCE OF 1305.19 FEET;
THENCE N 00000'00" E ALONG THE WEST LINE OF SAID LOT 1, IRVIN NAYLOR LOT SPLIT A DISTANCE
OF 178.04 FEET TO THE NORTHERLY LINE OF SAID RFTA ROW;
THENCE ALONG THE NORTHERLY LINE OF SAID RFTA ROW THE FOLLOWING TWO (2) COURSES:
1. S 34010'07" E A DISTANCE OF 387.42 FEET;
2. 358.48 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 1096.28 FEET, A
CENTRAL ANGLE OF 18°44'08", THE CHORD OF WHICH BEARS S 43°32'11" E A DISTANCE OF 356.89
FEET TO A POINT ON THE EAST LINE OF SAID LOT 1, IRVIN NAYLOR LOT SPLIT;
THENCE ALONG THE EAST LINE OF SAID LOT 1, IRVIN NAYLOR LOT SPLIT THE FOLLOWING THREE
(3) COURSES:
1. S 3000606" W A DISTANCE OF 80.54 FEET;
2. N 53022'00" W A DISTANCE OF 100.00 FEET
Lazy Glen Open Space I Location and Extent Application 51 57
Parcel p:246721400008,246727201802,246727201803
rdrCel R: L40 / L14000U8, L40 / L i ZU16UL, L40 / L / N16UJ
Land Title Guarantee Company Representing Old Republic National Title Insurance Company
(Schedule B)
Policy Number 0X62007006.1526860
Order Number 62007006
THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE BY REASON OF THE FOLLOWING
1) ANY FACTS, RIGHTS, INTERESTS, OR CLAIMS THEREOF, NOT SHOWN BY THE PUBLIC RECORDS BUT
THAT COULD BE ASCERTAINED BY AN INSPECTION OF THE LAND OR THAT MAYBE ASSERTED BY
PERSONS IN POSSESSION OF THE LAND.
2) EASEMENTS, LIENS OR ENCUMBRANCES, OR CLAIMS THEREOF, NOT SHOWN BY THE PUBLIC
RECORDS.
3) ANY ENCROACHMENT, ENCUMBRANCE, VIOLATION, VARIATION, OR ADVERSE CIRCUMSTANCE
AFFECTING THE TITLE THAT WOULD BE DISCLOSED BYAN ACCURATE AND COMPLETE LAND SURVEY OF
THE LAND AND NOT SHOWN BY THE PUBLIC RECORDS.
4) ANY LIEN, OR RIGHT TOA LIEN, FOR SERVICES, LABOR OR MATERIAL HERETOFORE OR HEREAFTER
FURNISHED, IMPOSED BY LAW AND NOT SHOWN BY THE PUBLIC RECORDS.
5) (A) UNPATENTED MINING CLAIMS; (B) RESERVATIONS OR EXCEPTIONS IN PATENTS OR IN ACTS
AUTHORIZING THE ISSUANCE THEREOF; (C) WATER RIGHTS, CLAIMS OR TITLE TO WATER.
6) TAXES AND ASSESSMENTS FOR THE YEAR 2015 AND SUBSEQUENT YEARS.
7) RIGHT OF THE PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM,
SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES HEREBY GRANTED, AND A
RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES, AS
RESERVED IN UNITED STATES PATENT RECORDED JULY 31, 1917 IN BOOK 55 AT PAGE 594.
8) RESERVATION OF AN UNDIVIDED ONE-HALF INTEREST IN AND TO ALL OF THE OIL, GAS AND OTHER
MINERALS AND MINERAL RIGHTS IN, UPON AND UNDER THE LANDS DESCRIBED THEREIN AND IN ADDITION
THERETO RESERVATION OF ALL OIL, GAS AND OTHER MINERALS AND MINERAL RIGHTS IN, UPON AND
UNDER THE LANDS DESCRIBED INDEED RECORDED JUNE 30, 1959 IN BOOK 188 AT PAGE 48.
9) TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF RIGHT OF WAY AND EASEMENT TO ROCKY
MOUNTAIN NATURAL GAS, INC. RECORDED OCTOBER 19, 1961 IN BOOK 195 AT PAGE SAND RECORDED
OCTOBER 11, 1962 IN BOOK 199 AT PAGE 520.
10) TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF EASEMENT TO COLORADO -UTE ELECTRIC
ASSOCIATION, INC. RECORDED NOVEMBER 21, 1963 IN BOOK 205 AT PAGE 20.
11) TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF EASEMENT ASSET FORTH IN INSTRUMENT
RECORDED AUGUST 29, 1967 IN BOOK 228 AT PAGE 5Z6.
12) TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF EASEMENT GRANTED INDEED RECORDED
DECEMBER 21, 1967 IN BOOK 231 AT PAGE 438.
13) TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF EASEMENT ASSET FORTH IN INSTRUMENT
RECORDED SEPTEMBER 14, 1970 IN BOOK 250 AT PAGE 63L
14) TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF EASEMENT ASSET FORTH IN INSTRUMENT
RECORDED FEBRUARY 25, 1972 IN BOOK 261 AT PAGE 572.
15) TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF EASEMENT TO COLORADO LITE ELECTRIC
ASSOCIATION, INC. RECORDED AUGUST 13, 1975 IN BOOK 301 AT PAGE9944.
Lazy I Open Space I Location and
Parcel tt.n2446721400008, 24672720118 2,246 Application7201803 0 0 0 0 5 3 59
Land Title Guarantee Company Representing Old Republic National Title Insurance Company
(Schedule B)
Policy Number OX62007006.1526860
Order Number 62007006
16) TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF EASEMENT ASSET FORTH IN INSTRUMENT
RECORDED JUNE 9, 1980 IN BOOK 389 AT PAGE 859.
17) TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF RESOLUTION OF THE PITKIN COUNTY
BOARD OF COUNTY COMMISSIONERS, NO. 53, SERIES OF 1981 RECORDED JULY 14, 1981 IN BOOK 411 AT
PAGE 204.
18) TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF RESOLUTION OF THE PITKIN COUNTY
BOARD OF COUNTY COMMISSIONERS NO. 71, SERIES OF 1982 RECORDED JULY 21, 1982 IN BOOK 429 AT
PAGE x`977.
19) EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT
OF IRVIN NAYLOR LOT SPLIT RECORDED AUGUST 23, 1982 IN BOOK 13 AT PAGE 77.
20) TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF EASEMENT AGREEMENT RECORDED
AUGUST 23, 1982 IN BOOK 431 AT PAGE 414.
21) TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF RESOLUTION OF THE PITKIN COUNTY
BOARD OF ADJUSTMENT NO. 06, SERIES OF 1989 RECORDED MAY 11, 1989 IN BOOK 592 AT PAGE 235.
22) TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF AGREEMENT RECORDED RECORDED JUNE
28, 1994 IN BOOK 754 AT PAGE 269.
23) TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF RESOLUTION OF THE PITKIN COUNTY
BOARD OF ADJUSTMENT NO. 28, SERIES OF 1994 RECORDED OCTOBER 18, 1994 IN BOOK 764 AT PAGE 689.
24) EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT
OF JOHNS LOT LINE ADJUSTMENT RECORDED MARCH 03, 1995 IN BOOK 36 AT PAGE 51.
25) TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF AGREEMENT WITH HOLY CROSS ELECTRIC
ASSOCIATION RECORDED AUGUST 20, 1996 AS RECEPTION NO. 396189.
26) TERMS, CONDITIONS, PROVISIONS AND OBLIGATONS OF RESOLUTION OF THE PITKIN COUNTY
BOARD OF ADJUSTMENT NO. 20, SERIES OF 1997 RECORDED JUNE 12, 1998 AS RECEPTION NO. 418081.
27) TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF PERPETUAL EASEMENT TO THE STATE OF
COLORADO RECORDED OCTOBER 22, 1999 AS RECEPTION NO. 436959.
28) TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF RESOLUTION OF THE PITKIN COUNTY
BOARD OF ADJUSTMENT NO. 11A, SERIES OF 2001 RECORDED NOVEMBER 16, 2001 AS RECEPTION NO.
460951 AND NO. 11, SERIES OF 2001 RECORDED NOVEMBER 16, 2001 AS RECEPTION NO. 460954.
29) ANY RIGHTS, INTERESTS OR EASEMENTS IN FAVOR OF THE UNITED STATES OF AMERICA, THE STATE
OF COLORADO, OR THE PUBLIC, WHICH EXIST OR ARE CLAIMED TO EXIST IN AND OVER THE PAST AND
PRESENT BED, BANKS OR WATERS OF ROARING FORK.
30) THE EFFECT OF THE ROAD CUTS, SMALL DRAINAGE AND PATHS AND THE DITCH WHICH ALL
TRAVERSE THROUGH THE SUBJECT PROPERTY, THE RIP -RAP, FENCE AND PROPANE TANK ENCROACHING
ONTO ADJOINING PARCELS AND ANY LOSS OR DAMAGE ARISING FROM THE DISCREPANCIES IN THE
LOT/BOUNDARY LINES OF PARCEL NUMBERS 246721400010 (KIRIANOFF NORTH PARCEL) AND
246721400008 (KIRIANOFF SOUTH PARCEL) AS DISCLOSED ON IMPROVEMENT SURVEY PLAT ISSUED BY
SGM CERTIFIED FEBRUARY 3, 2016, JOB NO. 2015-429.001.
SAID DOCUMENT STORED AS OUR ESI 26217254.
31) CLAIMS OF RIGHT, TITLE AND/OR INTEREST IN THE PROPERTY BETWEEN THE WESTERLY BOUNDARY
LINE OF THE SUBJECT PROPERTY AND THE FENCE RUNNING ALONG THE LOT LINE OF PARCEL NUMBER
Lazy Glen
k:246721400008,6
2 72720/,nt 71
8 224627201803 000051cation }
Parcel60
Land Title Guarantee Company Representing Old Republic National Title Insurance Company
(Schedule B)
Policy Number 0X62007006.1526860
Order Number 62007006
246721400010 AS DISCLOSED ON IMPROVEMENT SURVEY PLAT ISSUED BY SGM CERTIFIED FEBRUARY 3,
2016, JOB NO. 2015-429.001 WHETHER SAID CLAIMS ARISE BY ABANDONMENT, ADVERSE POSSESSION OR
OTHER MEANS.
SAID DOCUMENT STORED AS OUR ESI 26217254.
32) EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON BIONAZ
GULCH SUBDIVISION EXEMPTION RECORDED FEBRUARY 18, 2016 AS RECEPTION NO.20277129.
33) TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF PITKIN COUNTY, COLORADO, APPROVING THE JOHNS (BIONAZ GULCH) SUBDIVISION
EXEMPTION TO CREATE OPEN SPACE PARCELS RECORDED FEBRUARY 18, 2016 AT RECEPTION NO.
27127.
34) TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF PITKIN COUNTY, COLORADO AUTHORIZING ACQUISITION OF THE BIONAZ GULCH
PROPERTY RECORDED FEBRUARY 24, 2016 AS RECEPTION NO. 627272.
ITEM NOS. 1 THROUGH 4 OF THE STANDARD EXCEPTIONS ARE HEREBY DELETED
NOTE: ITEMS 5AAND 5B OF THE GENERAL EXCEPTIONS ARE HEREBY DELETED.
Lary Glen Open Space i Location and Extent Application U 105 J 61
Parcel #: 246721400008, 246727201802, 246727201803
8. ACCESS LICENSE
RECEPTION#: 630278, 06/28/2016 at 10:06:54 AM, 1 OF 24, R $0.00
Janice K. Vos Caudill, Pitkin County, CO
License No 386.12A -Pitkin County
ACCESS LICENSE
THIS LICENSE AGREEMENT is made and entered into, effective 6/15/901(aby
and between THE ROARING FORK TRANSPORTATION AUTHORITY A), hereinafter
called the "Licensor" or "RFTA" and the Board of County Commissioners of Pitkin County,
Colorado, hereinafter called the "Licensee."
WITNESSETH, that RFTA, for and in consideration of the covenants and agreements of the
Licensee contained herein and upon the terms and conditions stated, hereby licenses and permits the
maintenance and use of a nonexclusive access road ("Access Road") and agricultural use area
("Agricultural Area') within RFTA's Railroad Corridor ("Corridor"), the Corridor being 200 feet wide,
that is to say 100 feet on each side of the center line of the railroad tracks as they were laid in 1886,
adjacent to the Licensee's property at 99 Lower River Road, Snowmass, CO 81654 The Access Road
is more particularly described as a 16 foot -wide driveway extending southerly from Lower River Road
and along and within the Corridor to permit ingress and egress to and from the Licensee's property
located on the south side of the Corridor (Exhibit A), as constructed and in place at approximate mile
marker 386.12. The Agricultural Area is as depicted on Exhibit C.
THIS LICENSE is expressly conditioned upon the performance by the Licensee of all the
covenants and agreements hereinafter set forth, and it is also hereby stipulated that a waiver by RFTA
of any breach of any such covenant or agreement shall in no way impair the right of RFTA to avail
itself of any subsequent breach of the same or any other covenant or agreement.
The Access Road may be used as a non-exclusive way for ingress and egress to and from
Licensee's property which will be used as a community garden, fishing access and other Open Space
uses as defined in Pitkin County Code Title XII (Exhibit B). Use of the Access Road shall be
restricted to those pedestrians, non -motorized and motorized vehicles visiting or using the community
gardens, fishing access and other Open Space uses as defined in Pitkin County Code Title XII. The
Agricultural Area may be used for agriculnual production by the Licensee and its lessees. Any
change in use of the Access Road or Agricultural Area shall be as required by RFTA, or which may at
any time be required by any Local, State or Federal law, or by any order of any Local, State or Federal
officer or regulatory board having jurisdiction over such matters. This is for a private access only; any
change to the designated use will have to come before the RFTA Board of Director's for approval.
I. Maintenance and Reoair. The Licensee shall, at the sole cost and expense of the Licensee,
maintain, repair, reconstruct, relocate or remove the Access Road and/or Agricultural Area and all its
appurtenances whenever necessary and when required to do so by RFTA, in accordance with plans
prepared by Licensee and in a manner satisfactory to RFTA. RFTA, however, shall have the right, if it so
elects, at any time, though it shall be under no obligation whatever to do so, to maintain, repair,
reconstruct, relocate or remove the Access Road and all or any of its appurtenances, notwithstanding the
obligation of the Licensee to construct, maintain, repair, reconstruct, relocate or remove the Access Road.
The optional right of RFTA to maintain, repair, reconstruct, relocate or remove the Access Road shall in
RFTA License — 386.12A Page 1 of 7
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Lazy Glen Open Space I Location and Extent Application 62
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Janice K. Vos Caudill, Pitkin County, CO
no manner or degree relieve the Licensee's responsibility to RFfA or to other persons or corporations for
the failure of the Licensee to property maintain, repair, reconstruct, relocate or remove the Access Road,
or any other structure which RFFA agrees to maintain, repair, reconstruct, relocate or remove.
2. Limitations on Rights Granted. This License is without covenant of title or quiet
enjoyment and is subject and subordinate to a reservation of the prior and continuing right of RFTA to
all other uses of the Corridor, including the right to construct, use, maintain, repair, relocate and renew
in RFTA's sole discretion any and all improvements, including without limitation tracks, overhead lines,
pipelines, bus ways, trails and other facilities upon, along, over, under or across any or all parts of the
Corridor, all of which may be done at any time by RFTA without prior notice and without liability to
Licensee or to any other party for compensation or damages. This License is subject and subordinate to
all existing leases, licenses, easements, permits, claims of title or other interests and as may in the future
be modified, renewed or extended by RFTA, including but not limited to any fiber optic cable.
3. License Fee. The Licensee agrees to pay to RFTA, in advance, the sum of V0.00 per
year for the License herein granted and a one-time $150.00 processing fee, due and payable to RFTA
upon execution of license.
4. No Interference with RFTA's Uses. The Licensee at the Licensee's expense, shall keep any
track, bus way, trail or other improvement constructed at the Access Road and Agricultural Area clean
and free from dirt, rocks and other material, and shall not damage or permit the damaging of any track,
bus way, hail or other improvement on the Corridor, or permit any condition which RFTA determines in
its discretion may interfere with the safe operation of locomotives, railcars, trains or other vehicles or the
use of any hail over the Corridor. Licensee acknowledges that RFIA's Corridor is not abandoned and is
under the jurisdiction of the federal Surface Transportation Board. Licensee further acknowledges that the
Corridor is "rail banked" so that RFTA is required to preserve the Corridor for future rail use which
entails not doing anything that may impede or interfere with future mil activation on the Corridor.
5. Protection of Drainage. Any and all cuts and fills, excavations or embankments
necessary in the maintenance or future alteration for Licensee's use of the Access Road and
Agricultural Area shall be made and maintained in such manner, form and extent as will provide
adequate drainage of the Access Road and Agricultural Area, the Corridor, and adjoining lands.
Wherever any such fill or embankment may obstruct the natural and pre-existing drainage from such
lands, Licensee shall construct and maintain sufficient culverts or drains as may be required to
accommodate and preserve such natural and pre-existing drainage.
6. Environmental Protection. Licensee shall, at its expense, comply with all applicable laws,
regulations, riles and orders regardless of when they become or became effective, including, without
limitation, those relating to health, safety, noise, environmental protection, waste disposal, and water
and air quality, and furnish satisfactory evidence of such compliance upon request of RFTA with regard
to activities on the Access Road and Agricultural Area. Should any discharge, leakage, spillage,
emission or pollution of any type occur upon or arise from the Access Road and Agricultural Area as a
result of Licensee's use, presence, operations or exercise of the rights granted hereunder, Licensee shall
immediately notify RFTA and shall, at Licensee's expense, clean all property affected thereby, to the
reasonable satisfaction of RFTA (insofar as the property owned or controlled by RFTA is concerned)
RFTA License — 386.12A Page 2 of 7
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Janice R. Vos Caudill, Pitkin County, CO
and any governmental body having jurisdiction in the matter. RFTA may, at its option, clean RFTA's
property of such discharge referred to above, and Licensee shall indemnify, defend and hold RFTA
harmless from and against all claims, liability, costs and expenses (including without limitation, any
fines, penalties, judgments, litigation costs and attomeys' and consultants' fees and expenses) incurred
by RFTA as a result of any such discharge, leakage, spillage, emission or pollution by Licensee.
7. Protection of Undergmund Utilities. Licensee acknowledges that Qwest
Communications Corporation or its successor has an easement for underground cable along the
Corridor and that fiber optic cable is buried through the Corridor and possibly under the Access Road
and Agricultural Area. Licensee, at least five (5) days prior to performing any excavation activities on
the Corridor or Access Road and Agricultural Area, shall notify RFTA at (970) 384-4982 and shall
notify the Qwest at 1- 800 -AT -FIBER (a 24-hour number) at least three business days before doing any
digging. Prior to beginning any work on the Access Road and Agricultural Area, Licensee shall
determine where any utilities are buried on or about the Access Road and Agricultural Area. Licensee
shall pay special attention to fiber optic cable and determine the names of the telecommunications
company lies) involved, arrange for a cable locator, determine whether arrangements for relocation or
other protection of the fiber optic cable is required and shall so notify RFTA. Any such relocation or
protection shall be at Licensee's expense.
8. Protection of Trail and Conservation Easement. Licensee acknowledges that the
Corridor is subject to and encumbered by a perpetual covenant running with the land held by the State
Board of the Great Outdoors Colorado Trust Fund for the protection of the Conservation and Trail
Values. The Licensee agrees not to undertake any further activity within the Corridor other than
customary maintenance and repair without first obtaining the written approval of RFTA.
The notice addresses are as follows:
If to RFTA: RFTA
c/o Corridor Manager
1340 Main Street, #4
Carbondale, Colorado 81623
970-384-4982
If to Licensee: Pitkin County Board of County Commissioners c/o
County Attorney
530 East Main Street
Aspen, Colorado 81611
970/920-5190
9. Licensee's Duty to Install Safety Improvements. If at any time after the installation of the
Access Road, any Local, State or Federal law or regulation, or any Local, State or Federal officer or
regulatory board or commission having jurisdiction shall require any alterations, changes or
improvements of the Access Road, as herein defined, or any additional safeguards, protection, signals or
warnings, the same shall be constructed, maintained and operated at the sole expense of the Licensee.
RFTA License — 386.12A Page 3 of 7
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Lazy Glen Open Space I Location and Extent Application 64
Parcel #: 246721400008, 246727201802, 246727201803
RECEPTION#: 630278, 06/28/2016 at 10:06:54 AM, 4 OF 24,
Janice R. Voa Caudill, Pitkin County, CO
10. Any Future Work to Require Permit. Licensee shall not enter upon the Access Road or
Corridor for the purpose of constructing, repairing, reconstructing, relocating or removing the Access
Road without special written permit first had and obtained from RFTA, except in cases of an
emergency when work is necessary to avert injury to persons or loss or damage to property. All work
of construction, maintenance, repair, relocation or removal shall be done by the Licensee in such
manner as to cause no interference with the constant, continuous and uninterrupted use of the tracks,
trails, buildings or other improvements of RFTA now in place or as may be installed in the future by
RFTA in RFTA's discretion.
11. RFTA's Right to Alter. Relocate, or Remove. This License shall not be deemed to give the
Licensee exclusive possession of any part of the premises described, but RFTA shall have the unimpaired
right to construct, maintain, repair, relocate or remove track, trails, buildings or appurtenant structures or
other improvements deemed appropriate in RFTA's discretion and nothing shall be done or suffered to be
done by the Licensee at any time that shall in any manner impair the usefulness or safety of any property
of RFTA or of any track, trail, building or appurtenant structure or other improvement to be hereafter
constructed. RFTA shall have the right at any and all times hereafter to construct, maintain and operate
such additional tracks, trails, buildings, appurtenant structures or other improvements where the Access
Road and Agricultural Area are located, as RFTA may from time to time elect. In case of any such change
by RFTA requiring in RFTA's discretion the alteration, relocation or removal of the Encroachment
structures, the structures shall be altered as directed by RFTA or entirely removed by the Licensee at the
sole cost and expense of the Licensee, in such manner as may be deemed necessary by RFTA to conform
to the tracks, trails, buildings, appurtenant structures or other improvements on the Corridor or
Encroachment area as so changed, altered or improved, and if the Licensee shall fail to do any of the
things in this paragraph enumerated, RFTA may do or cause the same to be done at the cost of the
Licensee. RFTA shall use its best efforts to relocate the Access Road if it determines that the current
Access Road must be removed.
12. No Liensto be Filed. Licensee shall pay in full all persons who perform labor on the
Access Road and Agricultural Area for Licensee and will not allow any mechanics' or material men's
liens to be enforced against RFTA's Corridor for work done or materials furnished at Licensee's instance
or request. If any such liens are filed thereon, Licensee agrees to remove the same at Licensee's own cost
and expense and to pay any judgment, which may be entered thereon or thereunder. Should Licensee fail,
neglect or refuse to do so, RFTA may pay any amount required to release any such lien or liens, or to
defend any action brought thereon, and to pay any judgment entered therein, and Licensee shall be liable
to RFTA for the payment of any such liens or judgment and any and all costs, expenses, damages,
attomeys' and consultants' fees and expenses, and any other amounts expended in defending any such
proceedings.
13. Licensee's Assumption of Liability. The Licensee assumes the entire burden and duty of
preventing the use of the Access Road and Agricultural Area by any persons, firms or corporations, other
than those mentioned herein for whose benefit the Access Road and Agricultural Area is licensed; and
Licensee assumes all liability for damage to or destruction of property, injury to or the death of persons
resulting from the use of the Access Road and Agricultural Arm by persons other than those for whose
P FTA License — 386.12A Page 4 of 7
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RECEPTION#: 630278, 06/28/2016 at 10:06:54 AM, 5 OF 24,
Janice R. Vos Caudill, Pitkin County, CO
benefit the Access Road and Agricultural Area are licensed, or resulting from the failure on the part of
the Licensee to keep the Access Road and all of its appurtenances in safe condition.
14. Indemnification. The Licensee shall at all times protect, indemnify, defend and save RFTA
harmless from any and all claims, demands, judgments, cost, expenses, and all damage of every kind and
nature made, rendered or incurred by or in behalf of any person or corporation whatsoever, in any manner
due to or arising out of any claim for injury to or death of any person, or any claim for damage to property
of any person or persons whomsoever, including the parties hereto and their officers, families, servants
and employees, in any manner arising from or growing out of the construction, maintenance, operation,
repair, extension, renewal, existence, use or removal of the Access Road and Agricultural Area, or the
failure to properly construct, operate, maintain, renew or remove the same, and from all costs and
expenses, including attorneys' and consultants' fees and expenses, connected in any way with the matters
and things contained in this License Agreement. Neither the right of supervision by RFTA of the location,
installation, operation and the maintenance of the Access Road and Agricultural Area, nor the exercise or
failure to exercise the right, nor the approval or failure to disapprove, by RFTA of the location,
installation, operation and maintenance of the Access Road and Agricultural Area, nor the election of
RFTA to repair, construct, reconstruct or remove the whole or any part of the Access Road, shall be
deemed a waiver of the obligations of the Licensee contained in this License Agreement, expressed or
implied.
15. RFTA's Right to Terminate License. If the Licensee shall fail to locate, construct, operate,
use, repair, extend, renew, relocate or remove the Access Road and Agricultural Area in accordance with
the terms of this License Agreement and to the entire satisfaction of RFTA, or shall fail to pay to RFTA
any License Fee or any other sum of money for the construction, repair, extension, renewal, relocation or
removal of the Access Road and Agricultural Area, or shall fail to adjust the Access Road and
Agricultural Area to any changes made by RFTA, or shall in any respect fail to keep and perform any of
the conditions, stipulations, covenants and provisions of this License Agreement to be kept and
performed by the Licensee, this License Agreement shall at the option of RFTA be void and of no effect;
and this License shall immediately cease and terminate and RFTA shall have the right to remove the
Access Road and Agricultural Area and restore the right of way and premises of RFTA at any time
thereafter at the sole expense of the Licensee. Any termination hereunder shall be effective thirty (30)
days following notice delivered to Licensee. Any notice herein provided for shall be deemed given and
delivered if mailed in an envelope properly stamped and addressed to the Licensee at Licensee's last
known address. Termination of this License for the convenience of RFTA shall occur only if the RFTA
Board votes by a 2/3 majority to do so, and only after notice delivered to Licensee six (6) months prior to
planned termination of the License.
16. Abandonment of Access Road. Non-use of such Access Road for the purpose for which
it was originally constructed, continuing at any time for the period of one year; shall constitute an
abandonment of this License. Unless so abandoned or terminated, as provided herein, this License shall
remain in full force and effect until terminated by written notice given by either party to the other party
not less than sixty days in advance of the date of such termination; but it is understood that if at any time
in RFTA's discretion the maintenance and operation of the Access Road shall be inconsistent with the
use by RFTA, this License shall immediately cease and terminate.
RFTA License — 386.12A Page 5 of 7
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17. Licensee's Duty to Remove Access Road Upon Termination. Within thirty days after the
abandonment or termination of this License, the Licensee, at Licensee's sole expense, shall, if RFTA so
desires the Licensee to do, remove the Access Road and all their appurtenances and restore or construct
the premises of RFTA, including all right-of-way fences and drains, to a condition which will be
satisfactory to RFTA, and if the Licensee fails to do so, RFTA may do such work of removal, restoration
and construction at the expense of the Licensee. In the event of the removal of the Access Road as in this
section provided, RFTA shall not be liable to the Licensee for any damage sustained by Licensee for or
on account of such removal, and such removal shall not prejudice or impair any right of action for
damages or otherwise which RFTA may have against the Licensee.
18. License Non -Assignable. The Licensee shall not assign this License or any interest therein
directly or indirectly, nor encumber the same. The covenants, stipulations and conditions of this License
shall extend to and be binding upon RFTA and, if assigned, its successors and assigns, and shall extend to
and be binding upon the Licensee and the heirs, administrators, executors, and successors of the Licensee.
19. Headings. The section headings contained in this License Agreement are inserted for
convenience only and are not intended to in any way affect the meaning or interpretation of any such
section or provision of this License Agreement.
20. Governing Law. This License Agreement shall be governed and construed in accordance
with the laws of the State of Colorado.
21. Amendments and Waivers. No amendment of any provision of this License Agreement shall
be valid unless the same shall be in writing and signed by RFTA. No waiver by MA of any default or
breach of any covenant or agreement hereunder shall be deemed to extend to any prior or subsequent
default or affect in any way any of RFTA's rights arising by virtue of any prior or subsequent default.
22. Severability. Any tens or provision of this License Agreement that is held by a court of
competent jurisdiction to be invalid or unenforceable shall not affect the validity or enforceability of the
remaining terns and provisions of this License Agreement.
23. Entire Agreement. This License Agreement constitutes the entire agreement between the
parties and supersedes all prior understandings, agreements or representations among them, written or oral,
that may have related in any way to the subject matter hereof.
24. No Third Pare Beneficiaries. This License Agreement defines the rights and duties of the
parties hereto and may not be relied upon by any third party as the basis of a claim.
RFTA License — 386.12A Page 6 of 7
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Janice K. Vos Caudill, Pitkin County, CO
IN WITNESS WHEREOF, the parties hereto have executed this License Agreement.
LICENSOR, ROARING FORK LICENSEE,
TRANSPORTATION AUTHORITY BOARD OF COUNTY
COMMISSIONERS OF PITK NTY
By: Y I By:
Angela rson, Assistant Director of Property Board Lf County Com t sione1rs of Pitkin
and Trails County R.c� 4 . ,
C14;A-1
STATE OF COLORADO
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COUNTY OF Gay 16 18
The foregoing instrument was acknowledged before me this 16 day of -� U'n C 2016, by
Angela M. Henderson, Assistant Director, Property and Trails, Roaring Fork Transportation Authority.
Witness my hand and official seal.
Mycommission expires 4. 13. 2019
(i1cor,,,'] A. &,r0% -.k
Notary Public
STATE OF COLORADO
COUNTY OF PITKIN
AMYL B......
NOTARY PUBLIC
STATE OF COLORA00
NOTARY ID.1999<909�08
1fY COMMISSION E%PIflE'APRIL q $]]
The foregoing instrument was acknowledged before me this day of Jw„e 2016,
by Rachel E. Richards, Chair, Board of County Commissioners of Pitkin County.
Witness my hand and official seal.
tl I �t
ACHEY
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My commission expires SE
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NOTARY 1..1995..0.9.)
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Lazy Glen Open Space I Location and Extent Application
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Parcel #: 246721400008, 246727201802, 246727201803
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Janice K. Vos Caudill, Pitkin County, CO
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Lary Glen Open Space I Location and Extent Application 1
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Janice R. Vos Caudill, Pitkin County, CO
TITLE 12: OPEN SPACE AND TRAILS
CHAPTER 12.04: GENERAL REGULATIONS ...........................................................................2
12.04.010
ACQUISITION OF OPEN SPACE AND TRAILS PROPERTIES ........................2
12.04.030:
RESTRICTIONS ON TRAIL USE..........................................................................3
12.04.040:
RESTRICTIONS ON OPEN SPACE USE..............................................................5
12.04.050:
GENERAL RESTRICTIONS APPLICABLE TO ALL OPEN SPACE AND TRAILS
PROPERTIES..................................................................................................................................6
12.04.060:
MANAGEMENT PLANS.......................................................................................8
12.04.070
PERMITS—SPECIAL REVIEW OF USES ON OPEN SPACE PROPERTIES ...9
12.04.075:
COMMERCIAL USE OF OPEN SPACE AND TRAILS.....................................10
12.04.080:
EASEMENTS AND AGREEMENTS................................................................... 11
12.04.090:
AMENDMENT OF RULES AND REGULATIONS ............................................ 11
12.04.100:
VIOLATIONS, ENFORCEMENT AND PENALTIES ........................................ 11
12.04.110:
POSTING............................................................................................................... 12
Pitkin County Code - Title 12 - Open Space and Trails Page 1
EXHIBIT B - RFTA LICENSE 386.12A
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TITLE 12: OPEN SPACE AND TRAILS
CHAPTER 12.04: GENERAL REGULATIONS
SECTIONS:
12.04.010 ACQUISITION OF OPEN SPACE AND TRAILS PROPERTIES
12.04.020 DESIGNATION OF OPEN SPACE AND TRAILS FACILITIES
12.04.030 RESTRICTIONS ON TRAIL USE
12.04.040 RESTRICTIONS ON OPEN SPACE USE
12.04.050 GENERAL RESTRICTIONS APPLICABLE TO ALL OPEN SPACE AND
TRAILS PROPERTIES
12.04.060 MANAGEMENT PLANS
12.04.070 PERMITS—SPECIAL REVIEW OF USES ON OPEN SPACE
PROPERTIES
12.04.080 EASEMENTS AND AGREEMENTS
12.04.090 AMENDMENT OF RULES AND REGULATIONS
12.04.100 VIOLATIONS, ENFORCEMENT AND PENALTIES
12.04.110 POSTING
12.04.010 ACQUISITION OF OPEN SPACE AND TRAILS PROPERTIES
The trails, trailhead parking lots, open spaces and attendant facilities and structures that
are named as Open Space or Trails through Resolution or Ordinance of the Pitkin County
Board of Commissioners are declared to be Pitkin County Trails and Open Space
Properties; and further, that properties acquired by funds designated for the Open Space
and Trails Program are declared to be Pitkin County Open Space and Trails Properties,
and further, that properties may be added to or deleted from the inventory of Pitkin
County Trails and Open Space Properties according to applicable statutes, including, but
not limited to, Article 13, section 5.3 of the Pitkin County Home Rule Charter and by
Pitkin County Code - Title 12 - Open Space and Trails Page 2
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Ordinance or Resolution of the Board of County Commissioners. (Ord 01-04 (part):
Ord 93-25 (part): Ord: 30-05 (repealed and re-enacted) prior code Title 1X § 14)
12.04.020: DESIGNATION OF OPEN SPACE AND TRAILS FACILITIES
Open Space and Trails properties and facilities will be identified by specific action of the
Board of County Commissioners, through Ordinance or Resolution, identifying open
space and trails facilities as such. Such facilities will include, but not be limited to,
County owned and maintained trails, trailheads, parking areas, signs, mining claims, open
spaces, parks, river access points for boating or fishing purposes, fishing easements,
bridges, wildlife areas, and easements obtained for the purposes of wildlife habitat
preservation, scenic preservation, agriculture, access to public lands or for other purposes
identified by the County. As otherwise set forth in Article 13 of the Pitkin County Home
Rule Charter, Section 1.3, Open Space and Trails funds are not available for maintenance
or management purposes for those County properties not either purchased with Open
Space Funds or designated to the Open Space and Trails program pursuant to this Article.
Non -designated properties otherwise owned by Pitkin County shall be managed by the
General Fund through the Asset Management Division. (Ord 01-04 (parr): Ord 93-25
(part): Ord. 30-05 (repeated and re-enacted) prior code Tide 1X § I-2)
12.04.030: RESTRICTIONS ON TRAIL USE
The following restrictions apply to all trails owned in fee simple by the Pitkin County,
and to all trail easements except where such restrictions are limited by the express terms
of the trail easement.
A. Motorized vehicles restricted. No motorized vehicles whatsoever, including
automobiles, trucks, farm or agricultural vehicles, motorcycles, motorbikes, motor
scooters, go-carts, snowmobiles, motorized bicycles, mopeds or all -terrain vehicles
will be allowed on any county trail at any time. The following vehicles and uses
are exempted from this prohibition:
1. County maintenance vehicles, ambulance, law enforcement, fire or other
emergency vehicles will be allowed to enter onto County trails in the
course of carrying out their normal duties.
2. Snowmobiles or snowcats may be allowed onto County trails to set cross
country ski tracks or to otherwise install or maintain Nordic trails with
approval of the Open Space Land Steward.
WENN
Pitkin County Code -Title 12 - Open Space and Trails Page 3
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3. Construction or maintenance vehicles owned and operated by private
contractors may enter onto County trails subject to specific permission
as set forth in Section 6.02 of the Asset Management Plan as may be
amended from time to time.
4. Agricultural, ranch or personal vehicles belonging to specific owners,
thew employees or assigns, may enter onto County trails subject to the
terms of easements or agreements between the County and individual
landowners.
B. Allowed Uses. Bicycles, pedestrians, skates, skateboards, nonmotorized scooters,
and baby strollers are allowed on all trails at all times unless specifically prohibited
and posted otherwise. All trail users will travel at safe speeds at all times.
C. Right of Way. In areas of mixed use, i.e. horses, bicycles and pedestrians,
equestrians have the right of way in all circumstances. All traffic is to yield to
equestrians. Bicycle or other wheeled traffic is to yield to pedestrians.
D. Fires Prohibited. Fires are prohibited at any location and at all times within trails,
trail easements or trail facilities, including, but not limited to, parking areas, trail
shoulders and borders, bridges and structures, except for management purposes as
authorized by the County Land Steward, and/or for irrigation ditch maintenance,
and in accordance with all other applicable laws.
E. Trespass Prohibited. It is prohibited to trespass from trails onto adjacent private
lands. Trails may be subject to seasonal closures and the use of such when so
posted shall constitute a trespass.
F. Equestrian Use. Equestrian use is restricted to unpaved trail areas unless otherwise
posted. Horse traffic is restricted to walk or trot speeds. Horses must be under
control at all times. Buggies, carts, or other horse-drawn vehicles are prohibited
from all trails.
G. Stop Required. Trail users shall stop at all road and driveway crossings and yield to
any motorized traffic, except where the trail right of way takes precedence over a
driveway crossing, in which case driveway users shall yield to trail users. Trails
and highways will be posted with informational signs designating intersections.
K Dogs. Wherever Dogs are allowed on trails, they must be leashed at all times, with
a leash extended no greater than 6 feet in length. A single person may walk no
Pitkin County Code - Title 12.Open Space and Trails Page 4
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more that three dogs. Those persons attending dogs on trails must carry a
receptacle, such as a plastic bag, for removal of excrement. Trails will be posted if
dogs are prohibited. Trails may be closed to dogs by action of the Board of County
Commissioners.
(Ord. 01-04 (part): Ord. 93-25 (part): Ord: 30-05 (repeakd and re-enacted) prior code Thk 1X§ 2-1)
12.04.040: RESTRICTIONS ON OPEN SPACE USE
The following restrictions apply to all open space owned in fee simple by Pitkin County.
These restrictions also apply to public use provided in any conservation easement held by
Pitkin County, unless superseded by the specific terms of the conservation easement in
question. Nothing contained herein limits or otherwise modifies rights reserved to the
owner of fee simple property subject to a conservation easement held by Pitkin County.
A. Camping Prohibited. Overnight camping is prohibited on Open Space and Trails
properties.
B. Commercial Activities Limited. Commercial activities, provision of services, or
any activity for which a fee may be charged are prohibited on any Open Space land
except when specifically authorized pursuant to applicable laws, as noted herein:
Commercial Activities that occur entirely within an Open Space Property may be
approved by the Open Space Director or his/her designee pursuant to Section
04.075. Commercial activities that occur on both Open space Properties and other
County -owned property or roads requires a special review use approval from the
County, subject to section 4-30-40(q) of the Pitkin County Land Use Code.
C. Closed Areas. Entry onto or use of Open Space lands posted as closed is
prohibited.
D. Fires Restricted. Fires are permitted in designated grills or firepots only. Fires are
prohibited in all other locations. Fires are prohibited in all locations between the
hours of 12:00 AM and 5:00 AM, MST. It is unlawful to bum fires in any location
at any time in a careless manner, to leave a fire unattended, to bum any explosive
or toxic materials, or to fail to extinguish fires completely. This provision shall not
prohibit fires authorized by the County for land management purposes, or fires used
for irrigation ditch maintenance.
E. Hand -Gliding Restricted. Hang-gliding or operation of any motorized or non-
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motorized aircraft, glider, parachute, paraglider, or balloon for landing or take -off
prohibited except pursuant to special use permit pursuant to Article 3 and section
3- the Pitkin County Code.
F. Motorized Vehicles Restricted. Motorized vehicles are restricted to parking areas,
driveways and other areas specifically posted for motor vehicle occupancy.
Parking in any posted "no parking' area is prohibited. The exception to this shall be
County or other maintenance or construction vehicles specifically authorized for
access pursuant to Section 6 of the Asset Management Plan, emergency vehicles
acting in the line of duty, or private vehicles specifically authorized under Section
2-4 or Article 3 or authorized by previous written access easement.
G. Domestic Animals Prohibited. Domestic animals are prohibited on Open Space
properties except where specifically permitted pursuant to an agricultural lease, or
for land management purposes authorized by the County. It is unlawful to chase or
molest any livestock on Open Space properties. All gates, fences, and other entry
points must be closed in areas where livestock is permitted.
12.04.050: GENERAL RESTRICTIONS APPLICABLE TO ALL OPEN SPACE AND
TRAILS PROPERTIES
The following restrictions apply to all open space owned in fee simple by Pitkin County.
These restrictions also apply to public use provided in any conservation easement held by
Pilkin County, unless superseded by the specific terms of the conservation easement in
question. Nothing contained herein limits or otherwise modifies rights reserved to the
owner of fee simple property subject to a conservation easement held by Pitkin County.
A. Hunting. All Open Space and Trails Properties are closed to hunting unless
specifically authorized by the Open Space and Trails Board, and in accordance
with other applicable laws.
B. Firearms. It is forbidden to discharge firearms or projectile weapons on any Open
Space or Trails Properties unless hunting is specifically authorized by the Open
Space and Trails Board, and in accordance with other applicable laws. The
exception to this will be law officers discharging weapons in the line of duty.
C. Disorderly Conduct Prohibited. Disorderly conduct of any kind is prohibited on
Open Space and Trails Properties. Disorderly conduct includes, but is not limited
to, making any coarse, annoying, derisive or obviously offensive utterance, gesture
Pitkin County Code - Title 12 - Open Space and Trails Page 6
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or display which tends to incite an immediate breach of the peace. Also fighting,
littering or abandonment of private property, making excessive or amplified noise
that would tend to disturb the peace and quiet of adjacent residents or occupants, or
any other activity that deliberately infringes on the ability of others to use or enjoy
open space or trails facilities.
D. Hazardous Activities Prohibited. Hazardous activities of any kind are prohibited
on
Open Space and Trails Properties. Hazardous activities are defined as those
activities which might constitute or contribute to a hazard to the safety of any
person. Such activities include, but are not limited to, use of fireworks or other
explosives, use of remote-controlled craft, and launching of missiles. Exceptions
or additions to these restrictions may be made in specific locations or
circumstances pursuant to Special Use Review under Article 3 and posted
accordingly.
E. Boating Restricted. Boat launching and landing is limited to sites designated for
that purpose. Man-made structures for boating such as access ramps, docks, kayak
courses, or buoys are prohibited except in locations specifically authorized by a
Management Plan enacted pursuant to Article 4.5, or pursuant to a Special Use
review under Article 3,
F. Vandalism Prohibited. Vandalism, property damage or removal of resources or
facilities is prohibited on any Open Space or Trails Property. It is unlawful to
remove, damage, deface, mutilate or destroy any structure, poster, sign, marker,
fence, gate furniture, vegetation, rock, or any object of scientific or historic value
or interest.
G. Dogs and Pets Restricted. Dogs, cats, and other pet animals must be leashed on
trails. Posted leash laws or more restrictive leash laws within other jurisdictions
(i.e. within municipal boundaries) must be obeyed. Owners of uncontrolled dogs
observed on Open Space or Trails Properties will be subject to penalty under these
regulations. Dogs or other animals are prohibited in areas specifically posted for
such prohibition. Dogs observed molesting or menacing any person, wildlife or
livestock may he destroyed. Dog waste must be picked up and disposed of in a
trash receptacle or off-site by owners or keepers.
H. Fishing Restricted. Fishing is permitted according to the regulations of the
Colorado Division of Wildlife, except where otherwise posted and prohibited in a
Pitkin County Code - Title 12 - Open Space and Trails Page 7
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management plan enacted pursuant to section 2A. A valid fishing license is
required. Fishing access is by designated trails only.
Wildlife Protected. Wildlife is protected on all Open Space and Trails Properties.
Hunting, trapping, chasing, molesting, harming, removing, killing or otherwise
disturbing wildlife on Open Space and Trails Properties is prohibited at all times
and under all circumstances, with the exception of hunting authorized by the Open
Space and Trails Board and in accordance with other applicable laws, and fishing
(See Paragraph 2-3.8., above). Damaging or destroying the habitat of any species
of wildlife is prohibited. Removing or destroying, native plants, bird or reptile
eggs is prohibited. Nothing in this section shall prohibit trapping for research,
management and monitoring purposes as authorized by the County Land Steward.
J. Littering and Waste Disposal Prohibited. Any disposal, depositing or abandonment
of trash, garbage, litter, waste paper, waste food products, human or animal wastes,
toxic materials, oil and other mechanical waste products, animal parts, fire ash or
other combustion byproducts, or other waste products on Open Space or Trails
Properties other than in designated containers and locations is prohibited.
K. Structures, Storage of Materials, and Notices Prohibited. Construction of any kind
not specifically authorized by the Open Space Director is prohibited. Activities
prohibited include, but are not limited to, excavations, ground clearing or grading,
erection of permanent or temporary structures, erection of signs, posting of bills,
notices or posters, storage of items, fencing or clearing of vegetation. (Ord 01-04
(part): Ord 93-25: Ord. • 30-05 (repealed and re-enacted) prior code Title IX § 2-
3)
12.04.060: MANAGEMENT PLANS
The Board of Open Space Trustees may adopt individualized management plans for
specific Open Space and Trails Properties, to set forth management policies and
objectives. If a management plan imposes restrictions that are different from those set
forth in this Title, and are to be enforced under Article 6 below, the management plan
must be adopted by the Board of County Commissioners pursuant to an ordinance. In
that event, the ordinance adopting a management plan shall include a provision that it is
governed by Title 12 of the Pitkin County Code and that violation of its terms and
conditions shall be enforced under the provisions of this regulation as if they were set
forth herein. (Ord 01-04 (part): Ord 93-25 (parr): Ord: 30-05 (repealed and re-
enacted) prior code Title IX § 24)
Pitkin County Code -Title 12 - Open Space and Trails Page 8
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12.04.070 PERMITS—SPECIAL REVIEW OF USES ON OPEN SPACE
PROPERTIES
This Section establishes review standards for Uses of Open Space Properties allowed
only by Special Use permits pursuant to Section 4-30-50(i) of the Pitkin County Land
Use Code. The County may approve, approve with conditions, or deny applications for
special uses of Open Space Properties pursuant to section 30-50(i) of the Pitkin County
Land Use Code.
A. Prior to submitting an application for a Special Use pursuant to section 3-210
{Now recodified to 4-30-50(i)} of the Pitkin County Land Use Code, the applicant
shall obtain a written certification from the Director of Open Space and Trails
regarding the consistency of the proposed use with the following.
I. The Management Plan for the open space property in question, if
available.
2. The provisions of Title K Article 2, of the Pitkin County Land Use Code
3. The protection of the conservation values of the Open Space Property on
which the use is proposed.
B. In responding to requests pursuant to this Article, the Open Space Director shall
consult with the County Wildlife Biologist and/or other persons with requisite
expertise to evaluate the impact of the proposed use on the conservation values of
the Open Space Property.
C. The Open Space Director may condition a certification of consistency on the
applicant agreeing to provide a surety bond in favor of the County in the event that
a Special Use Permit is granted, in the amount of at least two thousand dollars
($2000.00), or other amount to be determined by the Open Space Director, or
his/her designee. All Financial Security will be held for the duration of any special
use permit. The bond will be conditioned upon:
1. Faithful compliance with the terms of a special use permit, regulations,
and ordinances of Pitkin County.
2. The restoration and clean up of any site affected by the special use. Any
revegetation needed to restore the site shall conform to the adopted
Pitkin County Landscape Guidelines
Pitkin County Code - Title 12 - Open Space and Trails Page 9
Lazy Glen Open Space I Location and Extent Application 0 n 0 0 7 4 80
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Janice K. Vos Caudill, Pitkin County, CO
R The Open Space Director may condition certification on the applicant's agreement
to pay a use impact fee which is commensurate with the additional maintenance
costs associated with the proposed use.
E. The Open Space Director shall make a written response either certifying the
consistency of the proposed special use with or without conditions, or determining
the proposed special use is not consistent, within 45 days of receiving a written
request for certification. An applicant may appeal the determination of the Open
Space Director to the Board of County Commissioners within 15 days of receipt of
the determination. The Board of County Commissioners must issue a final
determination within 30 days of hearing an appeal pursuant to this section.
F. Notwithstanding Section 3-1.1, noncommercial organized recreational users, as
called out in the 2000 North Star Management Plan, and other management plans
as may be adopted pursuant to section 2-4, may obtain a special use permit directly
from the Open Space and Trails Department based on a finding of consistency
made pursuant to this Article without applying under section 3-210. (Ord 0I-04
(part): Ord 93-25 (part): prior code Title IX § 3-I)
12.04.075: COMMERCIAL USE OF OPEN SPACE AND TRAILS
This section establishes review standards for Commercial uses of Open Space Properties.
The Open Space Director or his/her designee may approve commercial uses on Open
Space Properties based on the following standards:
1. The use is consistent with the management Plan for the open space property in
question, if available.
2. The use is consistent with the provisions of Title XII, Article 2, of the Pitkin
County Land Use.
3. The activity will not materially harm the conservation values of the open space
property on which the use is proposed.
The Open Space Director or his/her designee may place reasonable conditions on
commercial use permits as deemed necessary to protect the conservation values of the
Open Space Property on which the use is proposed, to recoup the Open Space
Departments expenses associated with the use, and to protect the access of the general
public to the subject property. Such conditions may include, but are not limited to:
Pitkin County Code - Title 12 - Open Space and Trails Page 10
Lazy Glen Open Space I Location and Extent Application (i 07 J 81
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Janice R. Vos Caudill, Pitkin County, CO
A. The applicant agreeing to provide a surety bond in favor of the County in
the event that a Commercial Use Permit is granted, in the amount of at least
two -thousand dollars (42,000), or other amount to be determined by the Open
Space Director, or his/her designee,. All financial security will be held for the
duration of any commercial use permit. The bond will be conditioned upon:
1. Faithful compliance with the terms of a Commercial Use Permit,
regulations, and ordinances of Pitkin County.
2. The restorations and cleanup of any site affected by the commercial
use. Any revegetation needed to restore the site shall conform to the
adopted Pitkin County Landscape Guidelines.
3. The applicant(s)' agreement to pay a use impact fee, which is
commensurate with the additional maintenance costs associated with
the proposed use. (Section 12 -075 -Added: Ord 007-14 04-23-140)
12.04.080: EASEMENTS AND AGREEMENTS
The terms and conditions of Conservation or Trail Easements or other approved
agreements between the County and private property owners are incorporated into these
regulations by reference. To the extent of any conflict between these regulations and the
terms of conservation easements or trail easements, the terms of such easements will
control. Those terms and conditions shall be enforced under the provisions of this
regulation as if they were set forth herein. (Ord 01-4 (part): Ord. 93-25 (part): Ord: 30-
05 (repealed and re-enacted): prior code Title lX Art 4)
12.04.090: AMENDMENT OF RULES AND REGULATIONS
These rules and regulations may be amended from time to time by the Pitkin County
Board of County Commissioners in consultation with the Open Space and Trails Board.
These rules shall apply to existing Open Space and Trails Properties and to such trails
and open space properties as may be acquired by the Pitkin County Open Space and
Trails Program from time to time or designated by the County as being subject to these
rules. (Ord 01-4 (part): Ord 93-25 (part): Ord 30-05 (repealed and re-enacted) prior
code Tide IX Art S)
12.04.100: VIOLATIONS, ENFORCEMENT AND PENALTIES
Pitkin County Code - Title 12 - Open Space and Trails Page 11
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A. Unlawful Activity. It shall be unlawful to engage in any activity that is in
violation of the Article 2 or Article 3 of this ordinance.
B. Penalty. Violation of this ordinance is a class 2 petty offense, punishable by a fine
of $100.00 for the first offense, $500.00 for the second offense, and $1000.00 for
the third and subsequent offenses. Violations of hunting related regulations are
punishable by a fine of $1000.00 for each offense.
C. Criminal Enforcement The Director of Pitkin County Open Space and Trails,
Open Space and Trails Land Steward, Open Space and Trails Ranger, the Pitkin
County Wildlife Biologist, Pitkin County Zoning Officer, the Pitkin County
Community Development Director, Pitkin County Engineer, or any law
enforcement officer may follow the penalty assessment procedure provided in
Section 16-2-201, C.R.S. for any violation of this ordinance, or may enforce the
provisions of this ordinance by filing and service of summons and complaint in
accordance with county court procedures. In the event the penalty assessment
procedure is followed, the penalty shall be the as set forth in 3B, and such
assessment shall also include a surcharge required by C.R.S. Section 30-15-002(2).
A person who violates this ordinance three (3) or more times in the space of one (1)
year shall be subject to imprisonment for no more than ninety days per offense
pursuant to C.R.S. 30-35-201 C.R.S. and Article 12 of the Pitkin County Home
Rule Charter. Each day a violation of this ordinance continues shall constitute a
separate offense.
D. Civil Enforcement - In the event of any activity in violation of this Ordinance, the
County Attorney, in addition to other remedies provided by law or specified herein,
may institute an injunction, mandamus, abatement, or other appropriate action or
proceeding to prevent, enjoin, or abate any unlawful activity, or to remove any
improvements on construction resulting from such unlawful activity. In the event
that such unlawful activity has damaged any county property, the violator shall be
liable for any damage to county property resulting from any such unlawful activity,
including, but not limited to, compensation for staff time and for use of county
equipment to repair such damage. Any civil action or proceeding can include a
claim to recover all such money damages. (Ord 01-4 (part): Ord 93-25 (part):
Ord 30-05 (repealed and re-enacted) prior code Title IX Arc 6)
12.04.110: POSTING
These regulations, or a summary thereof, will be posted at visible locations on Open
Space and Trails Properties. Full text of these regulations shall be available for public
Pitkin County Code - Title 12.Open Space and Trails Page 12
Lazy Glen Open Space I Location and Extent Application C n 0 0 7
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Janice R. Vos Caudill, Pitkin County, CO
inspection at the offices of the County Open Space and Trails Director, Land Steward and
the Pitkin County Open Space and Trails Program. (Ord 01-4 (part): Ord 93-25 (part),
Ord: 30-05 (repealed and re-enacted): prior code Tide 1X Ara 7)
Pitkin County Code - Title 12 - Open Space and Trails Page 13
Lazy Glen Open Space I Location and Extent Application 84
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Janice K. Vos Caudill, Pitkin County, CO
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9. BRIDGE AND ACCESS EASEMENT
RECEPTION#: 634209, 11/29/2016 at 12:26:32 PM, 1 OF 17, R $0.00
Janice K. Vos Caudill, Pitkin County, CO
BRIDGE AND ACCESS EASEMENT
This Bridge and Access Easement ("Easement") is granted this day of J L;, eV
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
Lazy Glen Open Space I Location and Extent Application
OQ0030
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Property").
2. Purr ose. 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
Us 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.
Qnnn31
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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 I
c/o Karen Nfld%rdnf0 {�i ll,elOraY)d
101 Lazy Glen
Snowmass, Colorado 81654
lazyglenng.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. will0pi tkincounty.com
970-920-5203
With copy to: The Pitkin County Attorney's Office
530 East Main Street, Suite 302
Aspen, Colorado 81611
John.Ely(@,i)itkincounty.com
970-920-5190
00no8o2
Lazy Glen Open Space j Location and Extent Application 88
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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. Recordin . 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
000033
Lazy Glen Open Space I Location and Extent Application
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Janice K. Vos Caudill, Pitkin County, CO
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 day of
TlOoP;A64r 12016.
GRANTEE:
BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY
By�P-/14A P/2
Rachel E.'Richards, hair iI II$ oV$
i
5
Lazy Glen Open Space I Location and Extent Application 000034
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STATE OF COLORADO )
ss.
PITYJN COUNTY )
This Easement was acknowledged before me
Us
day of () D A4,m o t l 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
STATE OF G010RA0o
(SEAL) 'OT
ARY 10 S95�OO5
IY MMISS'ON ExPIREG^AUGUST 9v. 2019
C � • C'Uc/
No y Public
00035
Lazy Glen Open Space I Location and Extent Application
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GRANTOR:
By: !�
Its:
STATE OF COLORADO )
ss.
PITKIN COUNTY )
s Easemen was cknowledged b fore me this qday of OC tV iti- ' 2016, by
hrl's as its SIO of the Lary Glen Homeowners
Association
Witness my hand and official seal. KAREN HILLEBRAND
NOTARY PtJBUC
0�•���y11.'!1441y, .STATE �Notary ID 1104006D75
aCOLORADO
u.t{It l.�e `zjp�4 W 0QWS5MElPMJUNEM 2D1B
(S E A
NOTARY:
Pte. • �- . P� /I/l (/VL /� 11CJ(_ CXl1 fA/Vl�
EN'•PUBLIC. O
C • ' Q No Public
,F,,,,,,n��° My Commission Expires: e
61
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Lazy Glen Open Space I Location and Extent Application
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EXMIT A
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Lazy Glen Open Space I Location and Extent Application 93
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Vehicular Access Easement
An easement situated In Parcel A, Lary 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 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 feel 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 feel 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 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 feel;
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 5 33'21'44" E a distance of 28.92 feet;
Thence 5 25'37'14' E a distance of 28.34 feet;
Thence 5 24'30'32" E a dlstance of 29.86 feet;
Thence 5 22'37'07' E a distance of 33.02 feet;
Thence 5 21'46'48" E a distance of 29.81 feet;
Thence 51917'26" E a distance of 25.54 feet;
Thence S 09'11'24' E a distance of 26.51 feet;
Thence 509'17'31" W a distance of 14.71 feet;
Thence S 32'13'45" W a distance of 13.31 feet;
Thence S48'2948" 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 sold 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 Paint of Beginning, said easement containing
0.127 acres (5,535 square feet), more or less.
Legal Defcrlpdon Created BK--D-,c-
Joshua
Joshua L Wilson t v 8
Colorado PLS 8 38417;5
For, and on behalf of SGM i0 ......•"'
HdL 1.0t
000038
GLENWOOD SPRINGS 118 Wel Sixth 51, Suite 200 1 Glenwood Springs, CO 81601 1 970.945.1004
Lary Glen Open Space I Location and Extent Application 94
Parcel 246721400008, 246727201802, 246727201803
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Lary Glen Open Space I Location and Extent Application 95
Parcel 246721400008, 246727201802, 246727201803
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Lary Glen Open Space I Location and Extent Application 95
Parcel 246721400008, 246727201802, 246727201803
RECEPTION##: 634209, 11/29/2016 at 12:26:32 PM, 11 OF 17,
Janice K. Vos Caudill, Pitkin County, CO
EXHIBIT B
C.Co0'?o
Lazy Glen Open Space I Location and Extent Application 96
Parcel #: 246721400008, 246727201802, 246727201803
RECEPTION#: 634209, 11/29/2016 at 12:26:32 PM, 12 OF 17,
Janice K. Vos Caudill, Pitkin County, CO
GSGM
www.s9m-inc.com
PEDESTRIAN ACCESS EASEMENT
An easement situated In the Private Roads 6 Utility Easement and Parcel A of Lary Glen
Subdivision according to the Plat thereof recorded In Plat Book 60 at Page 26, also being
situated In Seaton 21, Township 8 South, Range 86 West, of the 6'^ P.M., County of Pitkin, Stale
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 Bight of Way of State Highway No, 82;
Thence N 19'15'56" E a distance of 81.80 feet;
Thence N 21'43'24" E a distance of 45.28 feet;
Thence N 2498'35" E a distance of 44.89 feet;
Thence N 24'35'59" E a distance of 44.24 feet;
Thence N 62'14'56' E a distance of 34.63 feet;
Thence 54694'57" E a distance of 57.14 feet;
Thence S 4]47'55' E a distance of 58.45 feet;
Thence 547943] E a distance of 40.86 feet;
Thence S 47'34'37" E a distance of 3.00 feet;
Thence 5 47'34'37' E a distance of 390 feet;
Thence S 47'34'37" E a distance of 50.49 feet;
Thence 5 52'05'12" E a distance of 6057 feet;
Thence 5 64'14'04" E a distance of 52.37 feet;
Thence S 66'29'20" E a distance of 50.12 feet;
Thence 5 64'30'27" E a distance of 27.21 feet;
Thence 5 71'51'DO" E a distance of 49.66 feet;
Thence 5 79'16'49" E a distance of 23.67 feet;
Thence 5 72'58'07' E a distance of 23.24 feet;
Thence 5 70'02'06" E a distance of 43.10 feet;
Thence S 67'25'38" E a distance of 32.47 feet;
Thence 566'44'42" E a distance of 32.89 feet;
Thence 5 64'41'33" E a distance of 42.53 feet;
Thence 5 60'54'40" E a distance of 42.68 feet;
Thence S 59'19'23" E a distance of 42.25 feet;
Thence S 50'5944" E a distance of 26.85 feet;
Thence 5 5742'03" E a distance of 32.86 feet;
Thence 5 SS'56'23" E a distance of 38.72 feet;
Thence S 60'16'36" E a distance of 33.44 feet;
Thence 5 70'0448" E a distance of 94.06 feet;
Thence S 63'19'11" E a distance of 57.86 feet;
Thence 5 36'11'08" E a distance of 117.62 feet;
Thence 5 5592'11" 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 2153 feet;
Thence N 46'2943" W a distance of 57.97 het;
Thence N 33'41'07" W a distance of 114.46 feet;
Thence N 63'03'54" W a distance of 55.14 het;
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 64'13'20' W a distance of 6935 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.BB feet;
Thence N 63'54'11" 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 4W29'4S' W a distance of 107.06 feet;
Q Thence N 46'56'23" W a distance of 77.06 feet;
s Thence N 45'31'30" W a distance of 14.15 feet;
l.i LS�J
GLENWOOD SPRINGS 119 West Sixth St, Suite 200 1 Glenwood Springs, CO 81601 1 970.945.1004
Wry Glen Open Space I Location and Extent Application 9
Parcel #:246721400008,246727201802,246727201803
RECEPTION#: 634209, 11/29/2016 at 12:26:32 PM, 13 OF 17,
Janice K. Vos Caudill, Pitkin County, CO
000O9 L
(3SGM
w ww.
Thence 582'43'33" W a distance o11132feet s9m
Thence S 43'32'25" W a distance of 1455 feet;
Thence 5 28'07'11' 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 70'53'00" 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.
Legal Description Created By.
Joshua L Wilson
Colorado PIS If 38417
for, and on behalf of SGM
inc. com
GLENWOOD SPRINGS 118 Wal Sixth St, Suite 200 1 Glenwood Springs, CO 81601 1970.945.1004
Lazy Glen Open Space I Location and Extent Application 98
Parcel #:246721400008,246727201802,246727201803
RECEPTION#: 634209, 11/29/2016 at 12:26:32 PM, 14 OF 17,
Janice K. Vos Caudill, Pitkin County, CO
000013
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Easement 1
Lary Glen Open Space I Location and Extent Application
Parcel 246721400008, 246727201802, 246727201803
99
RECEPTION#: 634209, 11/29/2016 at 12:26:32 PM, 15 OF 17,
Janice K. Vos Caudill, Pitkin County, CO
EXHIBIT C
Lazy Glen Open Space I Location and Extent Application
Parcel 246721400008, 246727201802, 246727201803 100
RECEPTION#: 634209, 11/29/2016 at 12:26:32 PM, 16 OF 17,
Janice K. Vos Caudill, Pitkin County, CO
00009`3
SSGM
w w w. s g m -i n c. c om
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 60 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 sold Parcel A whence the Northeast corner of
sold 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 Slate 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 11252 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 19'57'26" W a distance of 25.54 feet;
Thence N 21'46'48' W a distance of 29.81 test;
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 56111 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 124886 square feet), more or less.
Legal Description Created By:
Joshua L Wilson
Colorado PLS Is 38417
For. and on behalf of SGM
GLENWOOD SPRINGS I10 Waal Sloth Sr, Suite 200 1 Glenwood Springs, CO 81601 1 970.945.1004
Lazy Glen Open Space I Location and Extent Application 101
Parcel p:246721400008,246727201802,246727201803
RECEPTION#: 634209, 11/29/2016 at 12:26:32 PM, 17 OF 17,
Janice K. Vos Caudill, Pitkin County, CO
000001'
Lary Glen Subdivision
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MISCELLANEOUS
DOCUMENTS
County of Pitkin } AFFIDAVIT OF NOTICE &
ss. MAILING PURSUANT TO
State of Colorado } PITKIN COUNTY LAND USE
CODE SECTION 2-20-100
I., J e_ LUnvtcr , being or representing an
Applicant to the Pitkin Co my Development Department, personally certify that I have complied with
the public notice requirements pursuant to Section 2-20-100 of the Pitkin County Land Use Regulations
in the following manner:
By mailing of notice, a copy of which is attached hereto, by first-class, postage prepaid U.S. Mail at
least 30 days prior to the public hearing to all owners of property within 300' to the subject
property, as indicated on the attached list, on the ZZ -day of &KL , 201_7 -(which is _ days prior
to the public hearing date of 511111). The names and addresses of the adjacent property owners
shall be those on the current tax records of Pitkin County as they appeared no more than 60 days
prior to the public hearing.
2. By mailing of notice, a copy of which is attached hereto, by first-class, postage prepaid U.S. Mail at
least 30 days prior to the public hearing to the owner(s) of the mineral estate underneath the subject
property, as indicated on the attached list, on the � day of Harcli 2017(which is _ days prior
to the public hearing date of 5L1 II� ). The names and addresses of the mineral estate owners shall
be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to
the public hearing.
3. By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest
public way) on the day of NavcAA , 201'�,-which is at least fifteen (15) days prior to the
public hearing. A photograph of the posted sign is attached hereto.
1 �
licant's name
(Attach photograph here)
1:lcomdev'countyipla ingiboccforms or pz forms or ho forms
Si fu
Signed before me thisLT"�'day of 0021 ,
20 r}by
WITNESS MY HAND AND OFFICIAL SEAL
M:= mission ex res: 3 ' :w • l
Notary Public
My" HE 1 12015/011441
Eilft Maida 20, 2018
LAZY GLEN OPEN SPACE
� g
�t
sti 3
Pitkin County Mailing List of 300 Feet Radius
From Parcel: User Defined Area on 03/22/2017
�11'KIN
COUNT
Instructions:
This document contains a Mailing List formatted to be
printed on Avery 5160 Labels. If printing, DO NOT "fit to
page" or "shrink oversized pages." This will manipulate the
margins such that they no longer line up on the labels
sheet. Print actual size.
Disclaimer:
Pitkin County GIS presents the information and data on this web
site as a service to the public. Every effort has been made to
ensure that the information and data contained in this electronic
system is accurate, but the accuracy may change. Mineral
estate ownership is not included in this mailing list. Pitkin County
does not maintain a database of mineral estate owners.
Pitkin County GIS makes no warranty or guarantee concerning
the completeness, accuracy, or reliability of the content at this
site or at other sites to which we link. Assessing accuracy and
reliability of information and data is the sole responsibility of the
user. The user understands he or she is solely responsible and
liable for use, modification, or distribution of any information or
data obtained on this web site.
hftp://www.pitkinmapsandmore.com
0
COLORADO DEPT OF TRANSPORTATION
PITKIN COUNTY
JOHNS DANIEL C
4201 E ARKANSAS AVE
123 EMMA RD 0204
PO BOX 594
DENVER, CO 80222
BASALT, CO 81621
SNOWMASS, CO 81654
WIRTH HEIDI
FLYING W SNOWMASS LLC
EBERLI RRA M
PO BOX 594
3411 S MAIN ST UNIT H
12 LAZY GLEN
SNOWMASS, CO 81654
SANTA ANA, CA 92707
SNOWMASS, CO 81654
SOLIS JOSE I d CARMEN E
BOKENKO LEONARD B
KENNEY MARY V
13 LAZY GLEN
PO BOX 11
PO BOX 8802
SNOWMASS, CO 81654
MASONVILLE, CO 805410011
ASPEN, CO 81612
LIDDINOTON JEFFREY
CONE MICHAEL A
SMITH RACHEL
PO BOX 8802
18 LAZY GLEN
17 LAZY GLEN
ASPEN, CO 81612
SNOWMASS, CO 81654
SNOWMASS, CO 81654
PAXTON THOMAS E & JULIETTE C
HANDRICH DENISE A
GOODWIN JONI
18 LAZY GLEN
19 LAZY GLEN
20 LAZY GLEN
SNOWMASS, CO 81854
SNOWMASS, CO 81654
SNOWMASS, CO 81654
JOHNSON KENNETH C REV TRUST
MAETZOLD CINDY R
HENDERSON NANCY E
PO BOX 83
PO BOX 83
PO BOX 1093
SNOWMASS, CO 81654
SNOWMASS, CO 81654
BASALT, CO 81621
WOLFE BRAND[
GINGLES HOLLY
FRANKLIN STEPHEN H & SAUNDRA M
23 LAZY GLEN
24 LAZY GLEN
25 LAZY GLEN
SNOWMASS, CO 81654
SNOWMASS, CO 81654
SNOWMASS, CO 81654
LAZY GLEN HOMEOWNERS ASSOC
SEEBOHAR LINDA
CARR WILLIAM
101 LAZY GLEN
27 LAZY GLEN
28 LAZY GLEN
SNOWMASS, CO 81654
SNOWMASS, CO 81654
SNOWMASS, CO 81654
RILEY CARMEN
HALL TOM d DONNA LEE
WALSH ELIZABETH M
29 LAZY GLEN
PO BOX 4858
PO BOX 262
SNOWMASS, CO 81654
ASPEN, CO 81612
SNOWMASS, CO 81654
GILMAN PETER
PHILLIPS CHRISTOPHER L
SLAKNEY SUSAN
6351 LORITZ RD
33 LAZY GLEN
35 LAZY GLEN
EGG HARBOR, WI 54209-9338
SNOWMASS. CO 81654
SNOWMASS, CO 81654
y
CONNLEY THERESE
RIZZUTO PETER
CORTEZ AMILCAR HENRIOUEZ
37 LAZY GLEN
39 LAZY GLEN
40 LAZY GLEN
SNOWMASS, CO 81654
SNOWMASS. CO 81654-9132
SNOWMASS, CO 81654
ESCOBAR DE ENRIOUEZ MARIA EUGENIA
SCHULER DAVID L
HALE DARIEN T 6 VICKI M
40 LAZY GLEN
41 LAZY GLEN
PO BOX 10332
SNOWMASS, CO 81654
SNOWMASS, CO 81654
ASPEN, CO 81612
MOSES GAARD
TYSON HONEY
SARACENO CYNTHIA TRUST
PO BOX 21
44 LAZY GLEN
45 LAZY GLEN
ASPEN, CO 81612
SNOWMASS, CO 81654
SNOWMASS, CO 81654
GALLEGOS CRISTIAN
JACKOVICH JANE A
RIVERA JOSEFA SILVIA
46 LAZY GLEN
47 LAZY GLEN
50 LAZY GLEN
SNOVJMASS, CO 81654
SNOWMASS, CO 81654
SNOWMASS, CO 81654
MARTINEZ MAYORAL GERARDO
SALCEDO ISABEL MARTINEZ
CRANN MARY E
51 LAZY GLEN
PO BOX 884
52 LAZY GLEN
SNOWMASS, CO 81654
BASALT, CO 81621
SNOWMASS. CO 81654
AYALA FRANCISCO
PINEDA VICTORIA
SAUCEDO JOSE
PO BOX 2161
PO BOX 2161
57 LAZY GLEN
BASALT, CO 81621
BASALT, CO 81621
SNOWMASS. CO 81654
MEZA JAVIER GOMEZ
SANCHEZ LOPEZ MERICARMEN
CUTTITTA MARGO R
PO BOX 4525
PO BOX 4525
68 LAZY GLEN
ASPEN, CO 81612
ASPEN, CO 81612
SNOWMASS, CO 81654
WOLFF MARY CATHERINE
HAGEN MARTIN & LAFRANCES
BOHAN JULIE K BOWDEN
PO BOX 2871
73 LAZY GLEN
74 LAZY GLEN
BASALT, CO 81621
SNOWMASS, CO 81654
SNOWMASS, CO 81654
QUINTANA OSCAR
MOORE BRENT
ROSALES DAVID
PO BOX 11225
76 LAZY GLEN
77 LAZY GLEN
ASPEN, CO 81612
SNOWMASS, CO 81654
SNOWMASS, CO 81654
ALVARADO JUAN 8 MARIA
ROARING FORK TRANSIT AUTHORITY
ELK VALLEY RANCH LLC
PO BOX 1655
0766 INDUSTRY WY
537 MARKET ST #202
BASALT, CO 81621
CARBONDALE, CO 81623
CHATTANOOGA. TN 37402
OSBORN PAMELA
PO BOX 281
SNOVUMASS, CO 81654
Cj
RED TAIL LLC
205 S MILL ST $301A
ASPEN, CO 81611
BUREAU OF LAND MANAGEMENT
US DEPT OF INTERIOR COLO OFFICE
2850 YOUNGFIELD ST
LAKEWOOD, CO 80215-7076
PiU<iiiMaps More
Pitkin Maps & More
Map Created on 10:08 AM 03/22/17 at htlp://WWW.pllkinmapsandmore.curn
43 6 a 2.192 32 a 394 5
1 26,308
WG6 19a4_WM_MerulorA.M.ry_Sph.m
Feed THIS MAP IS FOR INFORMATIONAL PURPOSES.
Pitkin County GIS makes no Warranty or guarantee
O concerning the completeness, accuracy, or reliability
of the content represented.
T
Rw Cereenin. 38K
o Pnmery Roan
- – sii tla Road
perch Bourgery
RN.n a Creek,
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PUBLIC NOTICE
RE: Pitkin County/Lazy Glen Open Space Location & Extent Review
(Case #P013-17; PID 2467-214-)0-008,2467-272-01-803)
NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, May 2,
2017 at a regular meeting to begin at 5:00 p.m. or as soon thereafter as the conduct of
business allows, before the Pitkin County Planning and Zoning Commission, Library
(Dunaway) Conference Room, 120 North Mill Street, Aspen to consider an application
submitted by Pitkin County Open Space (530 East Main Street, Aspen, CO 81611)
requesting to implement portions of the Lazy Glen Open Space Management Plan. The
properties are located at 99 North River Road, and 26501Hwy 82 and are legally described
as a tract of land being part of Tract 68 situated in the SW 1/4 SW 1/4 of Section 22 and in the
NW 1/4 NW '/4 of Section 27, Township 8 South, Range 86 West of the 61' P.M. and Lots 2
and 3, Bionaz Gulch Subdivision Exemption Plat. The State Parcel Identification Numbers
for the properties are 2467-214-00-008,2467-272-01-802, and 2467-272-01-803. The
application is available for public inspection in the Community Development
Department, City Hall, 130 S. Galena St., Aspen, CO 81611. Comments or objections
due by April 14, 2017. For further information contact Tami Kochen at the Pitkin
Community Development Department (970) 920-5359.
Jeff Conklin. Chair
Pitkin County Planning and Zoning Commission
Published in the Aspen Times Weekly on March 30, 2017.
y�7i T1.1N
COUNT*)
FW: Public Notice: Laxy Glen Open Space
1 message
Tam! Kochen <tami.kochen@pitkincounty.com>
Jason White <jwhite@rfta.com> Mon, Mar 27, 2017 at 3:37 PM
To: "Tam i.Kochen@pitkincounty.com" <Tami.Kochen@pitkincounty.com>
Cc: Brett Meredith <bmeredith@rfta.com>, Lindsey Utter <lindsey.utter@pitkincounty.com>, David Johnson
<djohnson@rfta.com>
Hi Tami,
Referring to the attached public notice, RFTA does not have any major comments on this particular P&Z hearing. Brett
Meredith, RFTA Rio Grande Trail Manager, has been working cooperatively with Pitkin County Open Space on the new
Lazy Glen Open Space and a new bridge over the river and into the RGT.
I've copied both Brett and Lindsey Utter here.
In addition, can you please make note in the County (and City of Aspen if possible) files that any planning/land
use/public notices be sent to the following:
RFTA
c/o David Johnson or Jason White
1340 Main St.
Carbondale, CO 81623
Please feel free to use my name and number as the primary point of contact for referral processes. I've also copied
David Johnson, the Director of Planning and my boss, here at the Carbondale office.
Thank you,
Jason White
RFTA Assistant Planner
970-384-4968
Leave the car, ride your bike, grab a bus.....
—Original Message—
From: Bruce Somers
Sent: Friday, March 24, 2017 3:50 PM
To: Jason White; David Johnson; Kent Blackmer, John Hocker; Brett Meredith; Angela Henderson
Subject: FW: Public Notice: Laxy Glen Open Space
SI
�owN 0
CApril 18, 2017
1001
Tami Kochen BASALT
Pitkin County Community Development Department
130 S. Galena Street
Aspen, CO 81611
RE: Referral Comments- Lazy Glen Open Space Location and Extent
Dear Tami,
Thank you for the opportunity to respond to your referral on the Lazy Glen Open Space
Location and Extent Application.
The following comments reflect the opinions of the Basalt Planning and Zoning
Commission.
Comments:
1. The Town P&Z fully supports the proposed Application.
2. In addition, the Basalt Parks, Open Space and Trails (POST) Committee
reviewed the request at their April meeting and voiced their support for the
improvements outlined in the Location and Extent Application.
The comments above are referral recommendations made to Pitkin County. The Town
recognizes that Pitkin County is responsible for reviewing all of the input on this matter
and the Town does not have the jurisdictional authority to make the decision on these
issues.
If you have questions about the above comments or need clarification, please contact
Susan Philp or James Lindt in the Town Planning Department at 970-927-4701.
Sincerely,
Dylan Johns, Chair
Planning and Zoning Commission
Town of Basalt
CC: Basalt Town Council
Basalt Planning and Zoning Commission
Susan Philp, Town Planning Director
James Lindt, Assistant Planning Director
101 MIDLAND AVE. •BASALT, CO 81621 •970-927-4701 • FAx 970-927-4703 - wwwbasall.net
C71
PUBLIC NOTICE
RE: Pitkin County/Lazy Glen Open Space Location & Extent Review
(Case #P013-17; PID 2467-214-00-008, 2467-272-01-803)
NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, May 2,
2017 at a regular meeting to begin at 5:00 p.m. or as soon thereafter as the conduct of
business allows, before the Pitkin County Planning and Zoning Commission, Library
(Dunaway) Conference Room, 120 North Mill Street, Aspen to consider an application
submitted by Pitkin County Open Space (530 East Main Street, Aspen, CO 81611)
requesting to implement portions of the Lazy Glen Open Space Management Plan. The
properties are located at 99 North River Road, and 26501Hwy 82 and are legally described
as a tract of land being part of Tract 68 situated in the SW 1/4 SW'/4 of Section 22 and in the
NW 1/4 NW 1/4 of Section 27, Township 8 South, Range 86 West of the 6t' P.M. and Lots 2
and 3, Bionaz Gulch Subdivision Exemption Plat. The State Parcel Identification Numbers
for the properties are 2467-214-00-008, 2467-272-01-802, and 2467-272-01-803. The
application is available for public inspection in the Community Development
Department, City Hall, 130 S. Galena St., Aspen, CO 81611. Comments or objections
due by April 14, 2017. For further information contact Tami Kochen at the Pitkin
Community Development Department (970) 920-5359.
Jeff Conklin, Chair
Pitkin County Planning and Zoning Commission
Published in the Aspen Times Weekly on March 30, 2017.
Pitkin County Account 002.02.
Public Private
Attention Applicant/Representative:
It is your responsibility to do the following:
1. Mail this Public Notice to all adjacent property owners and mineral estate
owners at least 30 days prior to the hearing with the return address of the
Community Development Department. The names and addresses shall be
those on the current tax records of Pitkin County as they appeared no more
than 60 days prior to the date of the public hearing
2. Submit the Affidavit of Notice by Posting & Mailing (previously sent to you
with your applicant letter) as proof of compliance with the Code at the hearing.
3. Pick up Public Notice sign from the Pitkin County Community Development
Department, 130 South Galena Street, Aspen, CO (970) 920-5526
4. Post the Public Notice sign on the property at least fifteen days (15) prior to
the hearing
5. Remove the Public Notice sign within one week after hearing date
http://Ditkincounty.com/DocumentCenter/View/12292
PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
(970) 920-5526 FAX# (970) 920-5439
February 28, 2017
Lindsey Utter
806 West Hallam Street
Aspen, CO 81611
Lindsey.utter@pitkincounty.com
Re: Lazy Glen Open Space Location and Extent Review
(PID#2467-214-00-008, 2467-272-01-802, & 2467-272-01-803; CASE # P013-17)
Dear Ms. Utter:
The Planning Office has completed its preliminary review of the captioned application. We have determined that
this application is complete. After a more detailed review of the submittal information, additional information
specific to the application may be requested in order to adequately review and process the application.
The planner in charge of the review will request the information from you directly.
We have scheduled this application at a public hearing before the Pitkin County Planning and Zoning Commission
on Tuesday, May 2, 2017 at a meeting to begin at 5:00 pm before the Pitkin County Planning and Zoning
Commission, in the Library Dunaway Meeting Room, 120 North Mill Street, Aspen, Colorado. Should this date be
inconvenient for you please contact me within 3 working days of the date of this letter. After that the agenda date
will be considered final and changes to the schedule or tabling of the application will only be allowed for
unavoidable technical problems. The Friday before the meeting date, we will call to inform you that a copy of the
memo pertaining to the application is available for you to pick up at the Community Development Office.
Please note that it is your responsibility to post a public notice sign on the property at least fifteen days prior to
the public hearing (and remove it within one week after). You are also required to mail notice (you may obtain
a copy of the public notice from our office) to all property owners and mineral estate owners within 300' of the
subject property at least 30 days prior to the hearing with the return address of the Community Development
Department given above. The names and addresses shall be those on the current tax records of Pitkin County as
they appeared no more than 60 days prior to the date of the public hearing. Please submit the enclosed Affidavit
of Notice by Posting & Mailing as proof of compliance with the code at the hearing.
If you have any questions, please call Tami Kochen, the planner assigned to your case, at (970) 920-5359.
Sincerely,
Bonnie Shiles
Administrative Assistant
Encl: Affidavit (Code Section 2-20-100)
PITIGN COUNTY
COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
Phone (970) 920-5526 FAX (970) 920-5439
MEMORANDUM
TO: Pitkin County Long Range
FROM: Tami Kochen, Community Development Department
Tami.kochen@pitkincounty.com
RE: Lazy Glen Open Space Location and Extent Review
(PID# 2467-214-00-008, 2467-272-01-802, & 2467-214-01-803; CASE# P013-17)
DATE: February 28, 2017
Attached for your review and comments are materials for an application submitted by Pitkin County
Open Space and Trails. The Pitkin County Planning and Zoning Commission will review the
application on May 2, 2017.
Please return your comments to me by Wednesday, April 14, 2017.
http://pitkincounty.com/DocumentCenterNiew/ 12292
Thank you.
PITIQN COUNTY
COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
Phone (970) 920-5526 FAX (970) 920-5439
fu' 8 �u [1]:7:\►itlllu i
TO: Town of Basalt
FROM: Tami Kochen, Community Development Department
Tami.kochen@pitkincounty.com
RE: Pitkin County/Lazy Glen Open Space Location & Extent Review
(PID# 2467-214-00-008, 2467-272-01-803, and 2467-272-01-802; CASE# P013-17)
DATE: April 3, 2017
Attached for your review and comments are materials for an application submitted by Pitkin
County/Lazy Glen Open Space Location & Extent Review. The Pitkin County Planning and Zoning
Commission will review the application on May 2, 2017.
Please return your comments to me by Friday, April 21, 2017.
http://pitkincounty.com/DocumentCenterNiew/12292
Thank you.
JOURNAL ENTRY
REF:
FISCAL YEAR: 2017
SOURCE: JE
DESCRIPTION:
Month: February
Pitkin County/Lazy Glen Open Space Location B Extent Review
P010-17
CONTROL TOTALS: DEBITS 1,029.00
CREDITS 1,029.00
BY
DATE.
le form. xis
DESCRIPTION
11
11111
• Flat Fee11
M
1 1
M 11 1 1 s NUMM-15—ublic
Notice1
1
Lazy Glen bridge & trail
T. M1,
BY
DATE.
le form. xis