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Home My WebLink Aboutbocc.con.364.2017 - BOCC CONTRACT IIIIIII'"iiIIIIIIIIIIIII1111111111Ihl11111INIIII1111MIII111111NIINI a (p (--/- 6)/1 DOC PTIONACODE: ER: 80.00, D. 80.00 DOlC of 10, EASEMENT Pg 1 of 10,06/08/2017 at 09:50:04 AM IIS PUBLIC TRkII. EASECI M TRAILENT (thEASEMENT"Ease ' JanicedK.Vosd Caudill,entered PitkinintthCounty, co T e mentmae ano is //W" day of Ulla . 2017. b) and between Douglas L. Parris and Dorothea A. Farris ("Grantor' ). and the oard of County Commissioners of Pitkin County, Colorado ("Grantee") (collectneh. the "Parties"). RECITALS: A. Grantor is the record owner of certain real properh located in Pitkin County that lies adjacent to and east of Prince Creek Road (County Road No 5). legally described in Exhibit A attached hereto and as depicted in Exhibit B attached hereto (the "Property"). and B Grantee desires by this instrument (al to accept said easement subject to the restrictions set forth herein, and Ib) to assume certain responsibilities in connection therewith. AGREEMENT NOW, THEREFORE, for and in consideration of the mutual covenants and agreements set forth herein. and for other good and valuable considerations. the receipt and sufficiency of which are hereby acknowledged, Grantor and Grantee agree as follows: 1. Grant of Trail Easement Grantor hereby grants. transfers and conveys unto Grantee and its successors and assigns, for the use and benefit of the general public a 30 foot wide non-exclusive perpetual public trail easement for a trail in an alignment that runs approximately parallel to the alignment of Prince Creek Road, as depicted on Exhibit B and legally described on Exhibit C (the "frail Easement-). 2 Acceptance of Easement. Grantee hereby accepts the Trail Easement in an "as is" condition, subject to the restrictions herein contained Such acceptance does not preclude improvement or maintenance activities within the Trail Easement insofar as such acti)ities ma} he allowed or required by this Easement 3. Trail Easement Use Restrictions. a. Public use of the Trail Easement shall he exclusi)ely for non- motorized recreation such as hiking, horseback riding, bicycling and nordic skiing. Dogs within the Trail Easement must he leashed at all times b This Easement is governed by the rules and regulations and other provisions of "1 itic XII of the Pitkin Count) Code, as said Title XII ma) be amended or recodified from time to time, pro\ided always that the provisions of this Easement shall control where)er they are more restrictive than the provisions of said Title XII. c. No motorized vehicles shall be permitted to use the Trail Easement except as follows: i. As needed for maintenance of the Trail Easement or emergency response and, 1 Fan-is Trail Easement ii those wheelchairs. mobility aids, and other pow er- driyen mobility devices (OPDMD) in compliance with the Americans with Disabilities Act ("ADA"), unless a particular type or deuce cannot he accommodated because of legitimate safety requirements in accordance with Assessment Factors defined by the ADA d. Grantor reserves the right to use and enjoy the Trail Easement and the land beneath and the airspace above for all purposes and uses which do not unreasonably interfere with the use and enjoyment by Grantee or members of the public of the rights herein granted. This Easement is granted subject to all existing easements. restrictions and covenants of record 4 Trail Easement Care and Maintenance Grantee hereby assumes complete responsibility for and agrees to care for and maintain the Trail Easement in a clean and attractive condition and in a good and safe order and repair, at its sole cost and expense, unless the need therefore is caused by Grantor, or its successors or assigns in interest in the ownership of the Property, in which case Grantor, or its successors or assigns in interest, shall perform the maintenance or care so required, provided, however that Grantor is not responsible for said damage if caused by horses or third parties. Grantee's maintenance responsibilities shall include. but not he limited to, trash and debris removal, keeping the trail clear of rocks, vegetation and other obstructions, grooming as needed, controlling erosion and water runoff, and general care and maintenance 5 Severability. Should any one or more sections or provisions of this Easement he Judicially adjudged invalid or unenforceable. such judgment shall not affect, impair, or invalidate the remaining provisions of this Easement, the intention being that the various sections and provisions hereof are severable 6. Governmental Immunity. The Parties hereto understand and agree that Grantee is relying on, and does not waive or intend to waive by am provision of this Easement. the monetary limitations or terms or any other rights, immunities and protections provided by the Colorado Governmental lmmunit\ Act. CRS Section 24-1(I-101. et seq., as from time to time amended or otherwise available to the panics or any of their officers, agents or employees 7. Grantor's Immunity The Parties expressly acknowledge that the Easement is granted for a "recreational purpose" under CR S Section 33-41-101. et seq.. and that Grantor is entitled to pursue the benefits, protections and limitations on liability afforded by Colorado law governing recreational casements, including without limitation said Section 33-41-101, et seq By granting this Easement. Grantor shall have no obligation to repair. clear or otherwise maintain the area within the Trail Easement, or to insure or indemnify Grantee or the public for any injury, claim or damage to any person or property, whether alleged to have occurred as a result of use of the Trail Easement for public non-motorized travel or otherwise, or due to the condition of the Frail Easement. The pros isions of this paragraph expressly extend to and shall include Grantor's trustees and beneficiaries, as well as Grantor's successors and assigns, and their respective agents, contractors and employees, and any record owner of all or any portion of the Property. 8. Attorneys' Fees. Choice of Law and Venue. In the event the interpretation or enforcement of this Easement should ever become the subject of litigation between Grantor (or their its successors and assigns in the record ownership of the Propert traversed by the Trail Easement. or any part thereof) and Grantee. the substantially prey ailing party shall he entitled to an award of its reasonable costs and attorneys' fees incurred in connection therewith. This Farris frail Easement Easement shall be construed according to the laws of the State of Colorado. and 1.enue for an action shall he in the District Coon fir Pitkin County. in the Ninth Judicial District of the State of Colorado. Each pang to this Easement shall has e standing to bring an action to enforce the terms and conditions of this Easement in District Court, including an action for specific per-fin-mance and injunctive relief._ 9, Bindine Effect. This Easement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors and assigns forever including all future tecotd owners of the underlying real property traversed by the Trail Easement. or any part thereof. The benefits and burdens hereof shall also run with the title to the Property and all parts thereof traversed by the Trail Easement. chis Easement may only be amended in writing signed by both parties hereto or their respective heirs personal representatives. successors and assigns 10. Any notice required or permitted under this Easement shall be in writing and shall be hand-delisered or sent by registered or certified regular mail. postage pre- paid to the addresses of the parties as follows below. Electronic delivery of notices shall also be deemed sufficient and considered delivered upon receipt of confirmation of deliver> on the part of the sender Nothing contained herein shall be construed to preclude personal service of any notice in the manner prescribed for personal service of a summons or other legal process. Each party by notice sent under this paragraph may change the address to which future notices should he sent. lo Grantor Douglas L and Dorothea A. Fams 32 Thar Ranch Road and 40 18 bar Ranch Road Carbondale.CO 81 623 dfams soprisnet lo (irantee: Board of County Commissioners of Pitkin County c/o Dale Will Acquisition and Special Projects Director 806 West Hallam Street Asper., (Df1611 Dale \\'ill a pitkincnunta coin With a Cop} to: John Ely Pitkin County Attorney 123 Emma Road, Stole 204 Basalt. CO 81621 John.E18 a pitkincountys.om Fart FraI: baccnrnt GRANTEE: BOARD OF COUNTY COMMISSIONERS OF PITIi1N COUNTY, COLORADO 13)--/* At_ / ' George' ewma ' Chair. ; e yp The foregoing instrument was acknowledged before me this day ofjlhe , , 2017. by George Newman, Chair. Board of County Commissioners of Pitkin County. Colorado Witness m} hand and offic'all seal. -yam Mc commission expires: t rl�./(1/� 4. Allei/$14 iLitallilliki I 1 V LISA MACDONALD Notary Public Notary Public State of Colorado Notary ID it 19924016259 MyCommission Expires 11-18-2020 s 6 Earns Trail Easement B>: 41ifat i loCceai Dorothea A Farris STATE OFRADO I n 1 ss. COUNTY OF t r 1 I The foregoing instrument was acknowledged before me this day of 11\1- . 2017. by Dorothea A. Farris Witness my hand and official seal My commission expires ', N0 LISA MACDONALD NoPublic State t ofYColorado M CoNmmission Ex•tre sj 1 15.2020 lit*AIM& ► rigi ;igla Earns Trail Easement IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the da and \ear first above written. GRANTOR.� B": V . !isQ*. Douglas L. Farris STATE OF C 0 \DO ) ss. COUNTS OF 1The foregoing instrument was acknowledged before me this dap of Wert . 2017, k Douglas L. Farris. Wunesc my hand and official seal My commission expires:SO LISA MACD `1 Notar Public ONgLD �' � State ofColorado M Commssion Notary/D#E992es 16269 ` ' ``1r 1e2o2o Nota . 4 Earns Trail Easement EXHIBIT A A TRACT OF LAND SITUATED IN LOTS 3 AND 4 OF SECTION 14. TOWNSHIP 8 SOUTH RANGE 88 WEST OF THE 6TH PRINCIPAL MERIDIAN. LYING EASTERLY OF A COUNTY ROAD AS CONSTRUCTED AND IN PLACE. DESCRIBED AS FOLLOWS BEGINNING AT A POINT IN LOT 4 WHENCE A ROCK FOUND IN PLACE AND PROPERLY MARKED FOR THE SOUTHEAST CORNER OF SAID SECTION 14 BEARS SOUTH 34°29'53" EAST 5198.52 FEET, THENCE SOUTH 00001'27" EAST 277.43 FEET: THENCE SOUTH 76°37100" WEST 85.51 FEET. THENCE NORTH 41007'11" WEST 62.53 FEET, THENCE SOUTH 88°39'41" WEST 230.87 FEET: THENCE NORTH 60°46'05' WEST 166.83 FEET TO A POINT ON THE EASTERLY LINE OF SAID COUNTY ROAD: THENCE NORTH 03°35100" WEST 465.00 ALONG SAID COUNTY ROAD, THENCE NORTH 89058'51" EAST 529 55 FEET, TI IENCE SOUTH 00001'09" EAST 290.23 FEET TO THE POINT OF BEGINNING. THERE IS HERBY EXCEPTED FROM THE ABOVE CONVEYANCE A 25 FOOT STRIP OF LAND ALONG THE EAST MESA DITCH AS DESCRIBED TN DEED RECORDED IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY. COLORADO. AS DOC. NO. 56416 IN BOOK 115 AT PAGE 499 THEREOF AND DOC. NO 56418 IN BOOK 115 AT PAGE 501. THERE IS ALSO HERBY CONVEYED BY QUITCL AIM, WITHOUT WARRANTY OF ANY KIND, THE FOLLOWING: ROAD EASEMENT DESCRIBED AS FOLLOWS A 30 FEET STRIP OF LAND IN SECTION 14, TOWNSHIP 8 SOUTH, RANGE 88 WEST OF THF 6TH PRINCIPAL MERIDIAN. LYING 15.00 FEET TO EACH SIDE OF CENTERLINE MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT IHE NORTHWEST CORNER OF SAID SECTION 14, A REBAR AND CAP IN PLACE. THFNCF SOUTH 59'39'28" EAST 2642.20 FEET '1 O I HE TRUE POINT OF BEGINNING: THENCE NORTH 76°37'00" EAST 145.01 FEET: THENCE NORTH 17°15'32" WEST 9 57 FEET: THENCE ALONG A CURVE TO THE LEFT. HAVING A RADIUS OF 39.39 FEET AND A CENTRAL ANGLE OF 64° 4822" A DISTANCE OF 44.55 FEET; THENCE NORTH 8200353" WEST 31.17 FEET TO FHE TERMINUS. 7 Earns Trail Easement eh = z- - g _ t. 11-1 2. k sh • ? \i _ _ ,,. ix, t.._, Z3 .cI 1 -- - . rrl � I`I 45, T *— -Th it I--_ .11 I L S -r s , c ' _ - . . . J. 5, `4" ,. r JCARROW k WALKER rr sra /1CORFORATEO SPAT 4 9TYROPEN " _ —I Fy[(rmh Land tuneynrs V d06 9EST a e/c, aT I _ ....o c / s.....e.v..m e...e. en i. 4SPA CO 9/611 ms "" EXHIBIT C A 30 FOOT PUBLIC TRAIL EASEMENT SITUATED IN LOTS 3 AND 4 OF SECTION 14. TOWNSHIP 8 SOUTH, RANGE 88 WEST OF I HE SIXTH PRINCIPAL MERIDIAN, COUNTY OF PITKIN, STATE OF COLORADO. SAID EASEMENT LYING EAST OF THE EASTERLY RIGHT OF WAY OF PRINCE CREEK ROAD AND NORTHERLY OF TYBAR ROAD AS CONSTRUCTED AND IN PLACE. SAID EASEMENT BEING THE WESTERLY 30 FEET OF THAT TRACT OF LAND DESCRIBED IN BOOK 580 AT PAGE 897 OF TILE PITKIN COUNTY CLERK AND RECORDERS OFFICE. SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID TRACT OF LAND DESCRIBED IN BOOK 580 AT PAGE 897: THENCE NORTH 89°58'51" EAST ALONG THE NOR IHERLY LINE OF SAID TRACT OF LAND 30.06 FEET: THENCE LEAVING SAID NORTHERLY LINE SOUTH 03°35'00" EAST BEING 30 FEET EASTERLY AND PARALLEL TO THE WESTERLY LINE OF SAID TRACT OF LAND 482.48 FEET TO A POINT OF THE SOUTHERLY LINE OF SAID TRACT OF LAND, THENCE NORTH 60`46'05" WEST ALONG SAID SOUTHERLY LINE 35.70 FEET TO THE SOUTHWEST CORNER OF SAID TRACT OF LAND: THENCE NORTH 03=35'00" WEST ALONG THE WESTERLY LINE OF SAID TRACT OF LAND 465.00 FEET TO THE POINT OF BEGINNING. SAID EASEMENT CONTAINING 14.212 1 SQUARE FEEL AS DESCRIBED. 9 Fans Trail Easement