HomeMy WebLinkAboutbocc.con.280.2017 CONTRACT #1 f
ORDINANCE OF THF BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY,CO1 ORADO AUTHORIZING ACQUISI1 ION OF A
PUBLIC TRAIL AND PARKING F ASPME\I O\'TIIE I AGI FS RISE PROPERTY
ORDINANCE NO 0/ -2017
RECITALS:
1 Pursuant o 10-35-30I CRS.the Board(LC aunty Commissioners( H(ICC I of
Hume Rule Counties is authorized to mike and publish ordinances for carrying
into effect or discharging the powers and duties conferred upon such counties by
law and as seems necessary
2 Pursuant to Section 2.81 of the Home Rule Charter,the BOCC is authorized to
take official action by Ordinance for certain matters where action is prescribed
pursuant to the Colorado Revised Statues as amended
3 the Open Space and Trails Program is charged with protecting agnenlmw,open
space,habitat,scenic view planes.water rights and over access
4 Lynda I, Cameron,the owner of the Eagles Rue property(the"Property)legally
described as attached in Exhibit A is granting the County a "Public Troll and
Parking Easement for Fishing Access to Snowmass Creek" per Resolution 024-
2014 to allow for public parking and access to access the fishing easements along
Snowiness Creek Road
5 The Chau or Chair's designee shall be authorized to sign the documents necessary
to complete this transaction in substantially that ('inn appmvcd by the County
Attorney
6 The AlCC finds that adoption of this ordinance s necessary for the painedate
preservation of the public health, safety and welfare of the citizens of Pnkm
County and therefore declares this °Nmancs and legislation to be OOh:sloe
n nmW lately upon adoption
NOW'1IIEKEI ORE,HP IT ORDAINED by the Board of County(ammissioners of
Pstkin(burry,Colorado that the Chau(or(Tai's designee)shall he authorized to
I Ewcute the Pubic 1 red and Parking Easement for FisFmg Accsss to Snowmass
Creek
1111011111111111111121111111111111111PTION# 38 ,R $ 0
RECEPTIDN 6D(91,R SO pp D FO 00
DOC CODE ORDINANCE
Pg 1 of 1202/07/X112 at 04 3022 PM
Janice K Vos Cau0111,RIXin County,CC
RECEPTION#635981,0210712017 at 0130 22 PM,Pgs 2 of 12,Janice K Vos Caudill,Edon County,CO
C4-51ti Erse
INTRODUCED AND FIRST READ ON TIII:21a DAY OP DECEMBER.2017 AND
SEI FOR SECOND RIADIN(i AND PUBLIC HEARING ON THE I Ith DAY OF
JANUARY,2017
NOTICE OF PUBLIC BEARING AND TITLE AND SHORT SUMMARY or THE
ORDINANCE PUBLISH IN"I)IL ASPEN TIMES WEEKLY ON TIIE
,A DAY OF _ eafft to ,204-3 90/&
NOTICL OF PUBLIC HEARING AND THE FULL I hXT OF 1 Ilk ORDINANCE
POSE LI)ON TIIE Of I ICIA II KIN COON TT WEBSITE p'Aumnunt'cant)
ON THE i4 DAY OF JK{uv 2017
ADO TED AFTER TONAL RI.ADING AND PUBLIC IIEARIVG ON 1 HE
// DAV OF OMIT 1/44 Mar 2017
PUBLISHED BY TI FLE AND SHORT SUMMARY,AFTER ADO?NON,IN fi IE
ASPEN TIMES WET hl VON THE. /goLDAy Or_ (yva P&_ 2017
POSILD BY TITLE AND SHORT SUMMARY ON DIP OT ICIJIAI PITICIN
COUNTY W1:BSIEE(Ay.n puklnennnl)coin)ON T111'/"DA\ OF (gamut ,
201? 7
This Ordinance is effective on January I I th,2017
ATTEST BOARD 01 COUNTY('OMMISSION'LRS
11
I
Ices tte Junes George New n,Chat
De Hy County Clerk'
Dace ( 1-7
APPROVED AS TO 1 ORM MANAGER APPROVAI.
John ✓Coo "ry - Yn Peacock, Manager
.-e--c n.r! 9k
Gary Tennrnmum,nneaad
Open Spate and Trails
RECEPTION#635961,0210712017 at 00 30 22 PM,Pgs 3 of 12,Janice R Vos Caudill,Pitkin County,CO
This Ordinance is effective on January l 1th,2017
ATTEST
�,, I(/�J� BOARD OF COIR:TY COMMISSIONERS
By
le rte Jones U C.eorgc a Chei
Dc ty County Clerk ¢ /JJ
Otte /L3 _
APPROVED AS TO FORM MANAGER APPROVAL
John ,,CC,•u • .ey Yuri Peacock,County Manager
A '
Gary ennenbaum,Director
Open Specx and Trails
RECEPTION*635981.02/07/2017 at 0430 22 PM,POs 4 0112,Jane K Vos Caudill,Pitkin County,CO
IXHIBIT'A"LEGAL DESCRIPTION
A PARCEL OF LAND SITUATED IN LOTS 10,II, 12,13 AND 11,SECTION 21 ANO I OTS
2 AND 6 SECTION 34 TOWNSHIP 9 SOUTH.RANGE 86 WEST OF THE 6TH P M.SAID
PARCEL OF 1 AND BEING MORE PARTICUI ARLY DFSCRIM-DAS FOLLOWS
BEGINNING AT A POINT ON THF WEST LINE OF SAID LOT II WHENCE THE SOITHWEST CORNER
OF SAID SECTION A BEARS S B8 DEGREES 49'41'W A DISTANCE DE 153139 FEET
SAID POINT ALSO BEING A POINT 051/1W EASTERLY BOUNDARY LINE OF THE HARVEY
SNOWMASS CREEK RANCH ACCORDING TO THE SUBDMSION EXEMPTION PIAT 111FREOF
RECORDED MARCH 3 2003 UNDER RECEPTION NO 521436 AND ACCORDING TO TI@ I DT I INE
ADJUSTMENT OF MOON RUN RANCH ANO HARVEY PROPERTY RECORDED APRIL 3 2003 UNDER
RECEPTION NO 54/11/81(WITH AU BEARINGS HEREIN BEING RELATIVE TOA SPARING OF
N ODI427'E BITWFEN THE SOLTHW EST CORNER OF SAN SECTION 27 A FOUND STONE
IN PLACE AND THE NORTHWEST CORNER OF SAID SECTION 27.A FOUND IE REBAR AND
325"ALUMINUM CAP STAMPED 1997.L S /19598 IN PLACE):THENCE N 0117'29'E,
ALONG SAID WEST LINE OF SAID LOT 14,SECTION 21.A DISTANCE OF 1.161 53 FEET TO
A POINT ON THE NORTHERLY BOUNDARY LINE OF THAT PROPERTY DESCRIBED IN TIIAT
DOCUMENT RNCOROF.D IN BOOK 276 AT PAGE 524 THENCE ALONG SAID NORTHERLY
BOUNDARY LINE AND THE EASTFRI Y BOUNDARY LINE OF SAN BOOK 216 AT FAG!.526 THE
FOLLOWING TWENTY FNTY 120)COURSES
I)S 89 DEGREES 541? E.A DISTANCE OF 198 97 H-El,
21514 DEGREES 25'48"W..A DISTANCE OF IS?I8 E3 FT
31 S 36 DEGREES 39'121.A DISTANCE OF 296 II FFFT.
I)N 73 DEGREES 05'48 E A DISTANCE OF 53 23 FEET.
5) N R DEGREES N 48'E A DISTANCE OF 145 SI FEET
6)581 DEGREES 32'121.A DISTANCE OF 5811 FLIT
7)N 15 DEGREES 30 48'E A DISTANCE OF 55 70 FEET
BIN SI DEGREES 03'1B'E,A DISTANCE OE 8105 FEET
9)N 00 DEGREES 06'I2'W A DISTANCE IIF 11751 FEET
l0)N 88 DEGREES 3618 WE ,A DISTANCE OF 435 95 FEET,
I I)S 15 DEGREES 22 121,A DISTANCE OF 116 SD FEET
li)S 15 DEGREES 59'121,A DISTANCE OF 36012 FEET
13)N 87 DEGREES 14'41"E,A DISTANCE OF 200 22 FEET,
14)5 57 DEGREES 5312 E.A DISTANCE OF 115 02 FEET
15)583 DEGREES 3r It 1.A DLSTANCE 1W Na 34 FEET,
161 N 12 DEGREES 1441'E.A DISTANCE OF 36 11 FEET,
1'B S 83 DEGREES wit B A DISTANCE DF 152 24 FEET
IO S 11 DEGREES 4511E A DISTANCE OF 230 21 FEET
39)526 DECREES 39'45'W.A DISTANCE OF 131 45 FEET
20)S O8 DECREES 37 Sr W A DISTANCE Oh 98 71 FEET TO A POINT ON THE WESTERLY
BOUNDARY LINE OF THAT 35-ACRE FARCE I DFSCRIRFD IN THAT DOCUMENT RECORDED JUNE
1 1992 IN PIAT BOOK 29 A T PAGE
THENCE LEAVING SAID EAS LEHI V RIXINDARY I I\E OF SAID BOOK 276 AT PAG1.526 ALONG
SAID WESTERLY BOUNDARY I LVE AND THE NORFIIEHI Y BOUNDARY ISN/OE SAID 35 ACRE
PARCEL THE FOLLOWING THIRTEEN(13)COURSES
O S 08 DEGREES H 45"W.A DISTANCE OF 144 04 FEET
2)S19 DECREES 13'12'E A DISTANCE OF 21500 FEET.
3)S II DECREES 0412'F A DISTANCE OF 130 BO FEET
RECEPTION** 635981,0Z07Y2017 at 06 30 22 PM,Pgs 5 of 12.Janice K Vos Caudill,Pitkin County,CO
EXHIBIT"A"LEGAL DESCRIPTION
41529 DEGREES 45'12"E,A DISTANCE DF ISO 00 FEET
5)S 12 DECREES II E,A DISTANCE OF 95 00 FEET,
6) 535 DEGREES 45'12"E A DISTANCE OE 9000 FEET
2)SO5 DEGREES 31'ITE,A DISTANCE OF 220.00 FEET
tl)S 35 DECREES 02'124 A DISTANCE OF 75 00 FEF1,
9)S 48 DEGREES 52'11 E,A DISTANCE OF 1E0 ROME F,
1015 of DEGREES 0510'W A DISTANCE.OF 2362 PEEL,
III N 88 DEGREES 51'12'W A DISTANCE or 110213 EE ET,
121 N 00 DEGREES I3'IS"W..A DISTANCE DE 696 62 FEET
23I 500 DEGREES 1415•W,A DISTANCE IN 615 32 FEET TO A POINT ON THE WEST EINE
OF SAID LOT 2.SECTION 34 SAID POINT ALSO BEING A POINT ON SAID LOT I INE
ADJUSTMENT OF MOON RUN RANCH AND HARVEY PROPERTY,
THENCE,LEAVING SAID NORTIIEI1E Y BOUNDARY LINE OF SAID 33 ACRE PARCEL S OI08'38'E
Al ONC SAID WEST LINE OF SAID LUT 2, SECTION 34 A DISTANCE OF 91912 FEET.
THENCE LEAVING SAID WEST LINE AND CONTINUING ALONG TIM BOUNDARY LINE DE SAID
LOT LINE ADJUSTMENT OF MOON RUN ItANCII AND HARVEY PROPERTY TILE FOI LOWING THREE
OI COURSES
I) 5 89 DEGREES Si 37'W.A DISTANCE.or 130 20 FEET,
2)NO!DEGREES OS'R'W A DISTANCE OF 99T 93 EFT 1,
3)N 89 DEGREES 15'22 E A DISTANCE DE 12910 MI I TO A POINT(IN SAID WEST
I NE.DF SAID LOT 2 SECTION 31
THENCE LEAVING SAID BOUNDARY LINE OF SAID LOT LINE ADJL STMEN I OF MOON RUN RANUI
AND HARVEY PROPERTY N 010438'W,ALONG SAID WEST LINE OF SAIU LOT 2 SECFION
31,A DISTANCE OF 168 91 FEET TO TILE PONT OF BEGINNING
COUNTY OF PIIIUN STATE OF COLORADO
RECEPTIONS 635961,0210712017 at 04 30 22 PM,Pgs 6 of 12,Janice K Yes Caudill Pitkin County,CO
Cyk; Li
PUBLIC TRAIL AND PARKING EASEMENT
FOR FISHING ArCF.55 TO S\OWSIASS CREEK
1 HIS PUBLIC TRAIL AND PARKING EASEMEN"I (the "Easement Agreement"),
made and uttered into this On day of 7 l0r 2017,by and between Lynda L Cameron
Trust B-2nd ("Grantor"), and the Board of CouCommissioners of Pitkin County, Colorado
('Grantee")(collectively,the'Parties-)
RECITALS
I Grantor is the record owner of eenain real property located in Pitkin County
specifically described as a tract of land situated in Sections 27&34,Township 9 South, Range
86 West of the 6th p nt,Conray of Pitkin,State of Colorado,address numbers 14,65, 162,and
250 Reitschule Lane.Old Snowiness Colorado, 81654, located in Pnkm County, Colorado, as
shown on Exhibit A(the'Propeny"),and
2 Pursuant to Resolution No 024-2014 of the Board of County
Commissioners of Pitkin County, recorded in the Offices of the Pit kin County Clerk and
Recorder on March 21, 2014, under Reception #608836 (the "Resolution'], Grantor
obtained land use approvals which conditioned Grantor's conveyance of an casement to
the County in order to facilitate development a public pedestrian trail to Snowinass Creek,and for
two parking spaces located within the Pitkin County right-of-way for Snowmass Creek Road
and on the Pmpcny for the purpose of allowing fisherman to park along Snowmasc Creek Road and
traverse the Property to access a pre-existing fishing easement along Snowmass Creek,
3 Grantor now desires to grant the casement to the County Len sistent with
the Resolution,and
4 Grantee desires by this instrument (a) to accept said casement subject to
the restrictions set forth herein,and Ib) to assume cert em respon sited rues in connection
therewith
AGREFAIEKT
NOW,THEREFORE, for and in consideration of the umtual covenants and agreements
set forth herein, and for other good and valuable considerations,the receipt and sufficiency of
which arc bureby acknowledged,Grantor and Grantee agree as follows
I Grant of Public l rel and Parking Spaces Grantor hereby grants,transfers and
conveys unto Grantee and its successors and assigns, for the use and benefit of the general
public, a 20 foot wide perpetual non-exclusive easement for ingress and egress across the
Property to the existing fishermen's catement alongSnowiness Creek (the "Trail Easement"),
andel portion of the Property that is adjacent to the Pekin County right-of-way for Snowniass
Crock Road for a nonexclusive perpetual vehicle parking area that can accommodate two non-
commercial
omcommercial sehmles (the "Parking Easement') (Both easements are collectively referred to
herein as the"Casements") The Easements arc generally depicted on Exhibit B
Eagle's Rise Trail Ferment 2016
RECEPTION'S:635981,02107/2017 at W 30 22 PM,Pgs T of 12,Janice K Vos Caudell,Pitkin County,Co
2 Scone of Easements
a 11 he Easements arc both being granted to facilitate a connection
between the existing Pilkin County right-of-way for Snowmass Creek Road and n
existing public fishing access easement granted to Elfin') County to 1993, which
document was recorded in the Office of the Clerk and Recorder of Pitkin County,
Colorado, recorded on lune 23. 1993, under Book 715 Page 782 ("1993 Fishing
I asemem"1
h. A ditl trail approximately 3 feet in width shill be constructed by
Grantor and maintained by Grantee within the 'I rail Easement Thereafter, the Trail
Easement shall be exclusnely utilized for public pedestrian some atross the Property
to access the 1993 Fishing Casement for fishing purposes (provided that Grantee may
also utilize the 'Irail Easement for emergency access or authorized masntenante)
Hones. dogs, bicycles, motorized vehicles, or other recreational usesrelated m
fishing access(including but not limited to hunting access),are strictly prohibited.
Two gravel parking spaces. which conform to Prtkm County Public
Works and fransportation current guidelines, rules and regulations,shall be constructed
by Grantor and thereafter maintained by Grantee within the Polon County right-of-way
for Snowmass Creek Road and within a portion of the Property as depicted in Exhibit B
'I hereafter, the two parking spaces shall be exclusively utilized for public parking by
persons utilizing the Trail Easement to access Snowmass Creek for fishing purposes
(provided that Grantee may also utilize the Parking Easement park vehicles for
emergency or authorized maintenance purposes)
d Any and all signage installed within the Trail Easement and the
Parking Easement will be provided by Grantee and will he uniform to Pitkin County
standards, provided that the plavement of any signs will be agreed upon by the Parties
in writing poor to installation of the came
c. the Easements shall also be governed by the rules and regulations
and other provisions of Title XII of the Pitkin County Code, as said Title XII may be
amended or re-codified from time In time, provided always that the provisions of this
Easement Agreement shall control wherescr they are more restrictive than the
provisions of said'I rile XII
f Grantor reserves the tight to use and enjoy the 1 asements, and the land
beneath and the airspace nose the basements, for all purposes and uses which do not
unowsonably interim with the use and enjoyment by Grantee or members of the public of the
nghts herein granted Without himtation to the foregoing,Grantor shall have the nght to grant
any easements to utility companies over or under the I red Easement and/or the Parking
Easement The Easements granted herein arc also subject to all eructing easements,restrictions
and covenants of record
3 As-Huilt Lmtrlcation and future Modification Upon completion of construction of
the two parking spaces wain the Pitkin County nght-of-way for Sr1OWmaaa Creek Road and the
Property and a dm pedestrian trail within the frail basement.Grantor will execute and record in-
built legal descriptions of the Easements, which instrument shall reference this Easement
Agreement (the "As-Built (unification") the Trail basement shall include a descnpmn of the
Eagle's Rim holt amount 2016
RECEPTION[635981,0200712017 at 04 30 22 PM,Pgs 8 of 12,Janice K Vos Caudill,Pitkin County,CO
surveyed centerline of the a.buil) Ind Die As-Built Certification shall therealler be recorded by
Grantor in the Office of the Pitkin County Clerk&Recorder at Grantor's expense within 90 days
following completion of these facilities Grantor shall thereafter retain the nght as adjust the
location of the had and/or the Trail Easement as may be needed to accommodate Grantor's
imgation systems,drainage, fencing.or other allowable uses on the Properly.provided that any
modified location of the frail Easement shall continue to be at least twenty feet in width and in a
location sufficient accommodate a pedcslnan trail with substantially similar features and function
as the pnor location Grantor shall bear all expense for any such relocation
4 As-is conveyance Grantee hereby accepts the basements in an "as is"
condition, subject to the restrictions herein contained Such acceptance does not
preclude improvement or maintenance activities within the Trail Easement and/or the
Parking hasc ent to the extent such acirsrties are allowed or required by this Easement
Agreement
5 Maintenance Obligations. Urns ompletion of construction of the parking span
and pedestrian tail contemplated herein byGrantee, Grantee hereby assumes complete
responsibility for, and agrees to care for, groom and maintain, the Trail Easement and the
Parking Easement in a clean end attractive condition end ins good and safe order and repair,at
its sole cost and expense, unless the aced therefore is caused by Grantor(rncluding but not
limited to instances of any relocation of the 1 rail Easement pursuant to Secton 2.above), in
which case Grantor shall perform the maintenance or care so required Grantee's maintenance
responstbthhcs shall include,but not be limited to,trash and dehns removal,keeping the trail
clear of rocks, vegetation and other obstructions,grooming as needed,contrulltng erosion and
water runoff,and general rare and maintenance
6 liability and insurance The Parties expressly acknowledge that the
Easements are granted for a " irrational purpose"under('R S Section 3341.101, el
.sye and that Grantor is entitled to pursue the benefits, protections and limitations on
liability afforded by Colorado lax governing recreational easements, including without
limitation said Section 33-41-101, et seq Ey granting these Easements, Grantor shall
have no obligation to repair,clear or others rte maintain the area within the Easements,
nor any other liability to or obligation to insure or indemnify Grantee or the public for
any injury, claim or damage to any person or property, whether alleged to have
occurred as a result of use of the Easements for public non-motorised travel or
otherwise, or due to the condition of the Easements- Additionally, unless and until the
Easements are formally abandoned by Grantee.Grantee shall keep and maintain public
liability and property insurance coverage in effect tnsurmg against any injury to persons
or properly occasioned dunng any use of the Easements by Grantee or the general
public Such insurance in shall becommercially reasonable amounts, with coverage
limns of no less than SIM per claim and $2M aggregate,and shall contain it waver of
subrogation against Grantor Grantor shall also be named as an additional insured on
such coverage and shall be provided with 30 days' notice prior to any cancellation Or
termination of said cos erage
i Attorneys' I ees In the event Elie interpretation or enforcement of this
kasement should ever become the subject of litigation between Grantor and Grantee,the
prevailing party shall be entitled to an award of its reasonable costs and attorn0ys' fees
incurred in connection therewith
. 3-
Eagle's Rise Tad Easement 2016
RECEPTION,835981,02J07M011 at 00 30 22 PM,Pgs 9 of 12.Janice K Vos Caudill,Pitkin County.CO
8 B nil nu Efff. This Casement Agreement shall be binding upon and
inure to the benefit of the parties herein and their respective heirs, personal
representatives, successors and assigns forever, including all future record owners of
the Property that is traversed by the Easements,or any part thereof. The benefits and
burdens hereof shall also run with the tole to the Property and all pans thereof
traversed by the Easements Except with regard to the As-Built Certification and
potential relocation of the Trail Easement referred to above in Section 2, this Easement
Agreement may only be amended in writing signed by Grantee and by the then-record
owners of the Properly traversed by the Easements
IN WITNESS WHEREOF, the parties have hereunto sot their hands and seals as
of the day and year first above written
CRA\[OR
LYNDA I CAMERON IRIIST B-2nd
By
STATE OF COI ORA00 )
ss
COUNTY OF PI'1 KIN t'I
,u(n�\\��-, The foregoing s�rumeet ` as aekn wledgW befor me this _ 1 day of
`th 2on 6,by L�Y�p o. L �p as �� for
the ynl a L Cameron Trust RCnd
Witness my hand and official scat.
My commss5its X11
t UdNOTARY PUBLIC
Al OF COLORA �1
STAY IOFD COLORADO__
I NOTARY ID P20014e6051 ry u w
f My t%+i'mi»kn Erpre.Jane 12.3013
laglds Rx TuA Lenrcnt 7n Ib
RECEPTIONA 435991,02107/2017 st 04 30 22 PM,Pp 100f 12,Janice K Vos Caudill,Pitkin Coasts,CO
GRANTEE
BOARD OF COUNTY COMMISSIONERS OF
PITKIN COUNTY,COLORADO
�k4 • 't
y a el E Rlchauds.Cha •+'
STATE OF COLORADO
)55
COUNTY OF PITKIN
The foregoing Imtrumcnt was acknnw ledge() before me INS (y')'‘_ day of
FA2rNaf!t , w. by Rachel F Rlchri'. Chit. Piton Courcy Boa:u K County
Commrss1011eS
Wnvcss ny hand ant officio)scot
My commission eepIrcs }SIA[ ls ty 41910
JANE4A ACNE', (nary PIllf /1
NOTArunlIC
Ea
Xeih"Otr 4
ox4rM1SpMat✓IKEa✓
A w ”.1
-5 -
Fsg.t's Rsx I(an Paseo=2016
RECEPTIONS/'635881.0310112017 at 04:30 22 PM.Pgs 110f 12,Janice N.Vos Caudill,Pitkin County,CO
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RECEPTION# 635981,02107/2017 at 00 30 22 PM,Pgs 12 of 12,Janice N Vos Caudill,Pekin County,CD
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CONTRACT# &'&>
PUBLIC TRAIL AND PA Rhine En SEMEN T
FOR FISHING ACfESS TO SSONSI ASS CREk6
THIS PUBLIC TRAIL AND PARKING EASEMENT (the "Easement Agreement').
made and entered into this tett- day ol_C4&± q-, 2017, by and between Lynda L Cameron
'frust 8-2nd ("Grantor").and the Board of Courq Commisstoners of Pdkin County.Colorado
("Grantee'I(Loll Lovely,the"Panics')
NHL IVIES
I Grantor rs the record owner of cerlam real properly bleared In Pekin County
specifically described as a tract of land situated in Sections 27& W,1 ownship 9 South.Range
fib West of the 6th p m,County of Pnkm.Slam of Colorado,address numbers 34.65. I b2.and
250 Rettschule lane, Old Snnwmass Colorado, 81651. located in 'akin County Colorado, as
shown on Exhtba Atthe"Property'band
2 Pursuant In Resolutmn No 024-2011 of the Board 01 County
Commissioners of Pukm County, recorded n' the!truces of the Pitkin ('away Clerk and
Recorder on March 21, 2019. under Rcccptwn #608836 the "Resolution'}. Grantor
obtained land use approsels whmh conditioned Grantor's conveyance of nn easement to
Me County in order to facilitate deselopment a public pedestrian trail to Snowman Creek.and for
two parking spaces located within the Pukm County right-of-way for Snnwmass Creek Road
and on the Property for the purpose of allowing fisherman to park along Snnwmass Creek Road and
traverse the Property to access a pre-vemg fishing easement along Snnwmass Creek,
3 Grantor now desires to grant the easement to the County consistent with
the Resolution and
J Grantee desires by this instrument (a) to accept said easement subject to
the restmucus set funh herein, and (b) to assume certain res ponsib i11 ties in con moon
therewith
AGR*FSIENT
NOW.TIIP.REFORL. for and in cunvdel.iunn of the mutual covenants and agreements
set forth herein, and for other goixl and valuable considerations, the receipt and sufficiency of
which art hereby acknowledged Granwm and Cramer ague ere tallow%
Grant of Public Trail and Parkes Spaces Grantor hereby grants transfers and
conveys unto Grantee and nP successors and assigns, for the use and benefit of the general
public a 20 foot wide perpem.d n xclusise c ent far ingreand egress the
Property to the ectstmg fishermen's easement along Snnwmass Creek the "Trail Lasement"),
and a portion of the Property that is adjacent to the Pukm County right-of-way for Snowmass
Creek Road for non-extIusise perpetual vehicle parking arca chat can aeemnnuwaie two non
commercial %chicles (the 'Parking Casement") (Both easements are collectively referred to
herein as the"Easements') I he Lasemmnts arc generally depicted an EJubd 8
111111 IINIiNNI11IIIIIIIIII1IMIIEIYI11INYVNINII
l RECEPTION* 635902,R *0 00.D fa 00
DOC CODE EASEMENT
Eagle-Rirt l un Lastmm12N0 Pg 1 of 7.02/07)2017 at 093023 PM
Jana K vol Caudill.Pitkin County,CO
RECEPTIONt 635982,0210712017 at 003023 PM,Pgs 2 of 7.Janice K Vos Caudill,Pitkin County.CO
2 Scoae of Easements
a The basements are both being granted to Iacrblate a connection
between the existing ?akin County right-ul-way for Snowmass Creek Road and an
risting public fishing a easement granted m Paton County J11 1991 which
document w recorded in the Office of the Clerk and Recorder of Pitkin County
Colorado recorded on June 23. 1991, under Nook 715 Page 7112 ( 1993 F'clung
Easement")
A din trail approximately 3 feet in width shall he constructed by
Grantor and ma int a rned by Grantee within the 1 rail Easement Thereafter, the Frail
Easement shall he exelusi vely utilized for public pedes)nail access across the Property
In acs ass the 1993 Fishing t ase mere for fishing purposes (provided that Grantee may
also utilize the Irail Easement for emergency access or authorized m
rnntenaneeI
Hones, dugs, bicycles, motorized vehicles. or oilier rc remumal uses unrelated to
fish mg eat.est Imtludmg but not limited to hunting access) are strictly prohibited
Iwo grand parking spaces. whish conform to Pak m( aunty Public
Works and TM nsportanon current Burd clines rules and regulations, shall he constructed
by Grantor and thereafter maintained by Grantee within the Pitkin C ounty right-of was
for Snow mass Crock Road and within a portion of the Property as depicted in Exhibit 11
Thereafter. the Iwo parking spaces shall he exclusively utilized for public parking by
persons utili ring the Trail Easement to ac cls Snowmass ( reek for fishing purposes
(provided that Grantee may also utilize the Parking I element park vehicles for
emergency or
iii thortrcd maintenance purposes)
Any and all srgn.ige installed withur the Frail I .nenient and the
Parking Facement will be provided by Grantee and will he undorm to Pitkin County
standards. patented that the placement of any signs will he agreed upon by the Partes
m writing prior 10 installation of the sane
the Easements shall also be governed by the rules and regulattnns
and other pros rsrons at lrtle XII of the ['akin County ('ode, us said Title XII may be
amended or re-cod,fed from time to time. pro' dad always that the prosier oro of this
F element Agreement shall control wherever they are more restrict 'e than the
provisions of said Tate XII
Grantor reserves the right In use and enjoy the easements. and the land
beneath and the airspace above the basements, for all purposes and uses which do not
unreasonably mlerlere with the use and eninymenl by Grantee or members of the public of the
nehte herein granted Witham limitation to the tori gene.Grantor shall have the right to went
any easements In utility cumpames o or critic r the )'rad Easement andbr the Parking
m
Et The Easements Fra ref herein arc also eupnea to all existing a cunni'. restrictions
andernenanic til reord
3 As limit Certification and lunge Medific-aton Upon rnpletum of a nstnetion of
the two parking,paces whin the Pitkin County nghtol-way for Snowmass(reek Read and the
Properly and a din polectnan trail within the Trail basement,Grantor will execute and record as
built legal descriptions or the Easements. which instrument shell reference this I nsment
Agreement Iilie"As-Built Ccmfie anon ) the I rail fsement shall include a dewoptionof the
I,.h'i k's Lel I awrienr'.nlb
RECEPTIONS-635982,0210712017 at 043023 PM,Pgs 3 of I.Janice K Vos Calyd.11,Pitkin County,CO
surveyed centerline of the as burp trail Hu As-Hunt C erg/canon shall thetcafier he recorded by
Grantor in the OHrce of thy Pain(minty(lurk&Remade,at Grantorcxpenw within 90 dap
In/lowing completion of thee facilities Grantor shall ,hewalicr learn Mc right to adjust the
'ocaton of IIx trail aad'or the Trail Easement as nay be rimmed to accommodate (aantor s
migation systems, drainage, fencing or other allowable use%on the Property, provided that any
modified location of the Trail Easement shall continue m he at least twenty fret in width and in a
hararinr sufficient to accommodate a pe4,tnan'ni l with caa.taeiai'y similar Mansesand/moron
,tc the prior location,Grantor shall bear all expense for any such relocation
A,-ts�evanag Grantee hereby a cepbs the I-moments m an
s is
condition, subject to the rest n.bons gem in cnntamdoes
vd Such acceptance not
preclude Improvement or maintenance nabs ori es within the Trail Easement andror the
Parking Casement in the orient such actor ioec are allowed or required by this Easement
Agreement
5 Maintenance 01Sali,ns Upon completion of eons/On-bon nl the parking spar r.
and pecestren trail cothetrp'aid herein by Grantee, (tunes Scrum a sones crmp;etr
responsibility for. and agrees m care for, glou and maintain, !tic frail Easement and the
Parking basement in clean and attractive condition and in a good rind sale order and repair,at
is sok cosi and espouse, +micss ilio need iia efrxe is eauaa: by Greer (including bin rot
limited to instances of any relocation of the frail Iasernent pursuant to Section 2,above),
which case Grantor shall perform the maintenm.e or care so required Grantee's maintenance
lesponsebdrecs shall include,but nut he I meed to,trash oral debris removal.keeping the(rad
clear of tacks,vegetation and other abstrueirons maiming as needed, cnrarolting erosion and
water rum/L and general care and maintenance
6 Lj,hrhty a1 ma.rarce 'I he Parties expressly acxnew:edge that the
Lasem cob are wanted for a 'rev reational purpose" under( R S Section 33 41.101, el
Egg, and that Grantor iv entitled to pursue the benefits, protections and limn atmos n
rabbi, afforded by Coloraua taw gnrarrung :ccrntwnal easements, including wnnom
Ilmitat on said Section 11.41-I01 et 1CR Hy granting these La cement, Grantor 'hail
here no nhbgabnn in repair, clear mothers tic maintain the area within the basements,
nor any other Harold} ion or obl;gabor tot node o-indemnify Crantee Pr the public for
any injury, claim or damage to any person or property, whether alleged to hale
occurred as a Insult of use of the daceme/Its for public non-inntor,red Irasel or
otherw.se, or due to the tort-Mum of the Lasemrnrs Additionally, unless and until the
lumemenn ore formalty ahammed by Grantee. Orland,shalt seep and maintain public
liability and properly msu ran cat coverage in client insisting-maim)any injury to per anis
or propv ny out si onoJ dumng any usc of the 1 asementc by Granter or the general
pasha Such ma lance sial; hed
.r, ontmev
: a13 reasonable mncaais, with corerade
bolus of nu leis than SIM per clamiand $2M aggregate, and shall contain a waiver of
subrogation against Granton Grantor shill alto by named e an additional Insured on
sri b cas image and shall be p'm reed with i0 days' notice poor is any aan'eIIauon o
wrnonara :of said eos,rage
adle nen' Ices In slid event nm inter pr claiton or enforcement of rhes
Iasi/merit mould user become ahs cuhjea of/rogation betucen Granter and Crane the
presatLnp party shall he mildlvd to an award of its reasonable costs and attorneys' fees
incurred m connection therewith
- 1
oak Rev Tr,.i Fav^.m:ur
RECEPTION*6359112,0210]12011 at 04 30 23 PM,Pqs 0 of 7.Janice K.Vos CdYEJI Pitkin County,CO
rt
amidst- LIMIT This Lewcmcnt Agreement shad be bending upon and
ionic to Mt benefit of the Rerun hereto and then reaped l ve hors personal
representatives, srcccswrs and Jcsigns forever. ;inhaling MI future rr.ord owners of
fie Properly that is traversest by the Eacerrentc Prany pan tte cot 1he ornefiand
burdens hereof shall ahrun wi
.o th ilio ntic to the Property and 411 pans thercnf
oed by the I asemrnn l.xce pt wrib ayard m the As Ponit CARPET anon and
potent a1 re:ocannn of the Ina t.bsemat re erred m show te Scctnon 2,te.n Easement
Agreement may only he amended in w tamp signed by Cramer and by the then-record
owners 01 the Property traserscd by the Casement%
IN W]TNISS W tilt R fir. the patter, haw hereunto wt then handy and yeah as
ul th1 day and your lint abuse written
CRANTOW
I YVt1N11 1'A)MI RON (RCS I 21-T21-Tutt'n
t3y 1 r
STATE01 COLORADOy 'OY-
ss
(OIINTY UI PITKIN
1t�s,,����
The fm:georg rnstronent u auk-}20.1:4 : PeffiLL me tuts.. 1 day of
� v11,,POyS etm 2101.bYTral-2,A &eLm ..loMC6lrlas. rt�w -101
t1hhrr Wanes)my hand and official seal
My cummentfp fysy4 o��
`FRY PUBLIC
`.1/4.):),friv i0420014014051 ary
iVrc
4 -
RECEPTIONC 6359B2,0210712017 at 04 20 23 PM,Pgs 5 of 7,Janice K Vos Caudill,PIM n County,CO
GRANTEE
BOARD Of COUNTY COMMISSIONERS OF
PITKIN CO1'PI 1 Y,COLORADO
BI Rn IER5ac
STA IE OF COLORADO 1 1161
1 ss
CO CV PY OP PICKIN 1
Me foregoing imwmenl was acknowledged bctnre me Ups (per day of
e_'rgv , 2017, by Rachel F Richards, Chad. Pam County Board of Counts
Cnmmiavonies
Witness my hand and oFLu1al seal
My commission expire. !Y Da 4 N, ZOO
„1-2(1 gfr ix-1.r7.
nry s. acurr — 11arY Public
Cagle a Rnc 1ra' hmuurnl 21110
RECEPTIONS'615902,0?10]2011 at 04 3U 23 PM.nos 6 of),Janice h Mos Cautltll,POLI,County,CO
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RECEPTIONK 635992 0907/2017 at 00 30 23 PM,Pgs T of 7,Janice K Vos Caudill,Pilin County CC
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