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HomeMy WebLinkAboutbocc.con.432,433,434.435 RECEPTION#: 630994,07/29/2016 at CONTRACT 02:54:44 PM, 1 OF 110, R $0.00 Doc Code ORDINANCE Janice K. Vos Caudill, Pdkin County,CO #sy39 51.33,yat y36 (444t.44a,) AN EMERGENCY ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,AUTHORIZING THE ACQUISITION OF THE PRINCE CREEK TRAILS AND BULL PEN PARCELS AND THE ACCEPTANCE OF TWO TRAIL EASEMENTS ORDINANCE NO. 416 -2016 I. The Voters of Pitkin County and the Pitkin County Commissioners established an Open Space and Trails Fund for the purposes of preserving and providing open space and trails resources, and established an Open Space and Trails Board of Trustees to guide the expenditure of those funds. 2. The Open Space and Trails Program is charged with protecting agriculture, open space, habitat,scenic view planes,water rights and river access. 3. The Prince Creek Trail Corridor,comprised of two parcels and two public trail easements, and the 4.91 acre Bull Pen Parcel(the"Property")legally described as attached in Exhibit A owned by the DKD"2004"Trust,a Texas Trust,which has offered to sell the same to Pitkin County. 4. On July 7, 2012, the Pitkin County Open Space and Trails Board recommended that the BOCC approve the previously proposed Contract and Ordinance. 5. The popularity of Prince Creek Road with pedestrians, bicyclists and related parking has created a congestion and safety problem on the roadway. 6. The congestion and safety issues related to recreational use of Prince Creek Road would be significantly mitigated by the acquisition of a grade separated trail and parking area. 7. This Ordinance supersedes Ordinance 010-2016 which had approved the same transaction but had inadvertently failed to include legal descriptions for each parcel and authorization for the Board to accept the easements as otherwise contemplated in the County's acquisition. 8. The Board finds that adoption of this ordinance is necessary for the immediate preservation of the public health,safety and welfare of the citizens of Pitkin County and therefore declares this ordinance and legislation to be effective immediately pursuant to Pitkin County Home Rule Charter Section 2.8.2. NOW,THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Pitkin County, Colorado that: I. The Board approves an expenditure of up to $675,000 from the Parks Dedication Fund for the purchase of Trail Parcels I and 2 and up to$500,000 from the Open Space and Trails Fund for the purchase of the Bull Pen Parcel of approximately 4.91 acres of land with sufficient water for vegetation needs of the "Bull Pen" parcel and also approves up to $15.000 from the Open Space Fund for any related transaction expenses including subdivision approval. 2. The Board accepts conveyance of Easement Area A and B. 3. Upon approval of the form by the Open Space Director and County Attorney,the Chair is authorized to execute the contracts. 4. Upon approval of the form by the Open Space Director and County Attorney,the Chair is authorized to execute other documents needed to consummate this transaction. 5. Pursuant to the Pitkin County Home Rule Charter.section 13.5.3,as amended 11/7/06,Pitkin County hereby declares its intent to reserve the option to later convey interests not essential for the preservation of open space. 6. That adjustments be made to the year 2016 budget as follows: OPEN SPACE AND TRAILS FUND Previous Revised Budget This ChangeProiect Budget Prince Creek Trail Property Acquisition Acquisition Cost $0 $500,000 $500,000 Estimated Transaction Costs $0 $15,000 $15,000 Total Expenditure $0 $515,000 $515,000 PARKS DEDICATION FUND Previous Revised Budget This ChangeProlect Budget Prince Creek Trail Property Acquisition Acquisition Cost $0 $675.000 $675,000 Total Expenditure $0 $675,000 $675,000 7. This Ordinance is intended to supersede Ordinances 016-2012, 05-2013, and 010-2016 which had previously authorized essentially the same transaction and appropriations as a contemplated herein. INTRODUCED,READ AND ADOPTED AS AN EMERGENCY ORDINANCE ON THE 27th DAY OF JULY 2016 AND SET FOR CONFIRMATORY PUBLIC HEARING ON THE IOTHDAY OF AUGUST 2016. NOTICE OF CONFIRMATORY PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE EMERGENCY ORDINANCE PUBLISHED IN THE ASPEN TIMES WEEKLY ON - ,2016. NOTICE OF CONFIRMATORY PUBLIC HEARING AND THE FULL TEXT OF THE ORDINANC POSTE ON THE OFFICIAL PITKIN COUNTY WEBSITE wv N.asocnpitkin coin ON THE cf aDAY OF v 2016. CONFIRMED AT A PUBLIC HEARING ON THE 10TH DAY OF AUGUST 2016. PUBLISHED BY TITLE AND SHORT SUMMARY,AFTER CONFIRMATORY PUBLIC HEARING, IN THE ASPEN TIMES WEEKLY CA- 4t,c6,5/- isoO/6 POSTED BY TITLE AND SHORT SUMMARY ON THE OFFIQIAL PITKIN COUNTY WEBSITE www.asncnpitkin.com ON THE /5-et DAY OF S !iq 2016. THIS ORDINANCE IS EFFECTIVE ON JULY 27, 2016. A 'T: - BOARD OF COUNTY COMMISSIONERS Q BY' i . I ! .� I Ck By:\ /iW'l S �� le!ette Jones Rach I E. Richards, Chair Ilei County Clerk / Date: �aY'7o�ai �v APPROVED AS TO FORM: MANAGER APPROVAL John Ely,County-AtfOrney Jon Peakock,County Manager (1 ``�Dale Will,Director Open Space and Trails i'dPUT)kiUi'h,Wil rrF;l'.Y11 Cnn)iY.11!4'iI'} I!'lI CONTRACT ` 'rte Pr ipf,onY EEP55P_ M 0 Oic_�J..O/L # i'3 )-�o/c ico PUBLIC ACCESS AND USE EASEMENT THIS PUBLIC ACCESS AND USE EASEMENT (the"Easement"), made and entered into this .2 qt-In day of July 2016, by and between Emma Danciger ("Grantor"), and the Board of County Commissioners of Pitkin County,Colorado ("Grantee") (collectively, the "Parties"), RECITALS: A. Grantor is the record owner of certain real property located in Garfield County, located adjacent to and east of Prince Creek Road (Garfield County Road No. I11), legally described on Exhibit A attached hereto and as depicted in Exhibit B attached hereto (the "Property"); and B. Pursuant to Ordinance No. 055-2013 of the Board of County Commissioners of Pitkin County, recorded in the Official Records of Pitkin County under Reception No. 602604 and the Amendment theeto approved by Administrative Decision No. 034-2016 recorded in the Official Records of Pitkin County under Reception No. 629276 (the "Approvals"), Pitkin County established approvals for the Open Space Parcels for the Prince Creek Trail Subdivision Exemption to create two (2) open space parcels (the "Open Space Parcels") The two(2) Open Space Parcels, hereinafter referenced as Trail Parcel I and Trail Parcel 2, were to be created from portions of the Tybar Ranch Subdivision/PUD, as such Subdivision/PUD is described in the plat thereof recorded in the Pitkin County real property records in Plat Book 83 at Page 28 under Reception No. 536444. Additionally, the acquisition Ordinance No. 01(g -2016, recorded in the Official Records of Pitkin County under Reception No. 623001C1 i-)- contemplated the donation of two (2) Easement Areas, with one Easement Area being located on land in Pitkin County and the other Easement Area, being the subject matter of this Easement, being located on land in Garfield County; and C. Grantor desires to donate this Easement and Grantee desires by this instrument(a) to accept said Easement subject to the restrictions set forth herein, and(b)to assume certain responsibilities in connection therewith. AGREEMENT: NOW, THEREFORE, for and m 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. Grant of Easement. Grantor hereby grants, transfers and conveys unto Grantee and its successors and assigns, for the use and benefit of the general public, a variable width non- exclusive perpetual public access and use easement, which shall include a gravel or paved surface non-motorized trail of approximately 15' in width, running over and across the Easement, in an alignment that runs approximately parallel to the alignment of Prince Creek Road. The location of the Easement area is depicted on Exhibit B and is legally described on Exhibit C (the "Easement Area"). 2. Acceptance of Easement. Grantee hereby accepts the Easement in an "as is" condition, subject to the restrictions herein contained. Such acceptance does not preclude improvement or maintenance activities within the Easement Area insofar as such activities may be allowed or required by this Easement. Page - I - J it? 11111 k''11?7 MaPlai IhniiI !M4m1146',6U'+wd' k) I I I Recep<<ene C80550 ! a 2I PM .�Iti 3. Easement Use Restrictions. a) Public use of the Easement shall be exclusively for non-motorized recreation such as hiking, horseback riding, bicycling and nordic skiing. Dogs within the Easement Area must be leashed at all times. b) This Easement is governed by the rules and regulations and other provisions of Title XII of the Pitkin County Code, as said Title XII may be amended or re- codified from time to time, provided always that the provisions of this Easement shall control wherever they are more restrictive than the provisions of said Title XII. c) No motorized vehicles shall be permitted in the Easement Area except as needed for maintenance of the Easement Area, the construction and maintenance of the trail surface, or for emergency service responses. d) Grantor reserves the right to use and enjoy the Easement Area 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. Without limitation to the foregoing, Grantor shall have the right to maintain any previously designated agricultural access and livestock access areas or utility easements on the surface or in the subsurface of the Easement Area. Grantor shall notify Grantee at least 48 hours in advance of Grantor's performing maintenance or construction activities within the Easement Area that would disrupt trail users' use of the Easement. Upon receipt of such notice or notices, Grantee shall post appropriate signs and/or trail closure notices to warn or redirect trail users away from Grantor's maintenance or construction activities. This Easement is granted subject to the exceptions to title listed on Exhibit D attached hereto. 4. Covenants Regarding Fencing. Prior to the removal of any existing fencing on the Easement Area that presently fences out Grantor's livestock from Prince Creek Road, Grantee shall pay for the materials to erect any new fence as may be required to fence out livestock from the Easement Area. Any new fencing shall be installed under Grantor's supervision. Grantor and Grantee shall share equally in the cost of labor for installing the new fencing, with either party having the right to utilize its own employees to provide such labor. All new fencing shall be placed within the boundaries of the Easement Arca and shall be constructed of woven and barbed wire satisfactory to Grantor with a height of not less than fifty-two inches (52") above grade; provided, however, that the height of the new fencing will be capable of being reduced from fifty-two inches (52") above grade to forty-two inches (42") above grade when cattle are no longer present. Grantor shall continue to reserve the right to select the manner and method for replacing and maintaining such new fencing. Grantee, at Grantee's expense, shall be responsible for repairing any damages to the fencing caused by third parties, including trail users, but Grantor shall pay the cost of ongoing maintenance of any boundary fencing constructed pursuant to these restrictions so long as any portion of the Tybar Ranch Subdivision/PUD continues to be used for cattle operations and livestock grazing activities. In the event Tybar Ranch Subdivision/PUD ceases to be used for cattle operations or livestock grazing activities, Grantee, at Grantee's expense, may modify the fence to change wires or the weave of the fence, or reduce the height of the fence, or to install gates or create gaps for wildlife mitigation. Creek clappers will be utilized as necessary at irrigation ditch crossings. 5. Easement Care and Maintenance. Grantee hereby assumes complete responsibility for and agrees to maintain the public trail and Easement Area 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 Page - 2- 111!:N'rat 7 V1 eY IP!!! Peception4 aaQ„a 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 livestock (including cattle and horses) or third parties. Grantee's maintenance responsibilities shall include, but not be limited to, trash and debris removal, keeping the public trail clear of rocks,vegetation and other obstructions, grooming as needed, controlling erosion and water runoff, and general care and maintenance. 6 Severability. Should any one or more sections or provisions of this Easement be 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. 7. Governmental Immunity. The parties 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. Section 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. 8. Grantor's Immunity. The Parties expressly agree and acknowledge that this Easement has been granted for a"recreational purpose”under C.R.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 easements, 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 Easement Area, 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 public trail or Easement Area for public non-motorized travel or otherwise, or due to the condition of the public trail or Easement Area. The provisions 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 the Property. 9. 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 Property traversed by the Easement Area,or any part thereof) and Grantee,the substantially prevailing party shall be entitled to an award of its reasonable costs and attorneys' fees incurred in connection therewith. This Easement shall be construed according to the laws of the State of Colorado, and venue for any action shall be in a District Court in and for Ninth Judicial District of the State of Colorado. Each party to this Easement shall have standing to bring an action to enforce the terms and conditions of this Easement in District Court, including an action for specific performance and injunctive relief. 10. Binding 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 record owners of the underlying Property traversed by the Easement Area, 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 Easement Area. This Easement may only be amended in writing signed by Grantee and by the then-record owner or owners of the Property traversed by the Easement Area. H. Notices. Any notice,demand or document which either party is required or may desire to give, deliver or make to the other party shall be deemed delivered when sent via electronic delivery and deposited in the US Mail, via certified mail, return receipt requested addressed as follows: Page -3 - 'IpG!'ta'}+,It"f,1.1�4.�'�ilv'�.H','111tJ,';Ki! M „}, qi Rec€ptiontl a80550 If to Grantor: Emma Danciger Go Tybar Ranch 1644 Prince Creek Road Carbondale Colorado 81623 e-mail: em madancigerra me Com With copy to: Holland& Hart LLP, attention Thomas J Todd, Esq. 600 East Main Street, Suite 104 Aspen, Colorado 81611 e-mail: ttodd@Jhollandhart.com If to Grantee: Pitkin County Open Space and Trails attention Dale Will, Director 530 East Main Street Aspen Colorado 81611 e-mail. dale.will (dpitkincounty.com With copy to: County Attorney attention John Ely, Esq. 530 East Main Street Aspen Colorado 81611 e-mail:john.ely@pitkincounty con IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the day and year first above written. GRANTOR: Emma Danciger STATE OF COLORADO ) ss. COUNTY OF PITKIN The foregoing instrument was acknowledged before me this „ld 'day of July, 2016, by Emma Danciger. Witness my hand and oftici I eal. My commission expires. 11 -- Ytfcry�yL� NOTARY PUOLIO I inns AI opca p_ i o ry Public NOTARY 102012402239E 211' COMMISSION EXPIRES APRIL 2t 20i'I Page -4- UI I „'r r r111VL 4, i:E I'�il Ri„k'11411011 } Iii H N Long sa0 6 fe�.nt�O�u nessPM GRANTEE: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO Rach I E. Richards, Chair STATE OF COLORADO ss. COUNTY OF PITKIN The foregoing instrument was acknowledged before me this9Q dray of July, 2016, by Rachel E. Richards Chair, Pitkin County Board of County Commissioners. Witness my hand and ofticia ol. / My commission expires: 5/ �] SUSANNA MILLCR /�//, NOTARY PUBLIC (x1!N STATE OF COLORADO tar Public NOTARY ID#19964007052 , Y MY COMMISSION EXPIRES 05-20-2020 Page - 5 - EXHIBIT "A" EMMA DANCICER PROPERTY DESCRIPTION .4 treat of lard situate /n Sections 11,11.1.1 and 74 Township 8 South, Range 88 West et the 6th Principal Meridian being mom pertcalby described n tbSon.' 8ptnnfig of the Southeast corner of said Seetbn 12: thence S O'J6'00' E 2J1187 Leet atony the east line Weald Section 13 to the Catfi.W-Pitkin County 1/k, uwace S 89'SO'OS' W 875525 feet Wong said cowry One' thanes N rSIJS' W 758. 9 feet to the north 6n of Lot 9 of said Season II; Mens N 88'71118r a 291.67 feet along avid north Lin of Lot 9 to the centerline at an kri4otton NLch thence S 3776171*F .52J2 trot sting sold ditch cent.Nme to on misting fence; thence N 651248' E I3&2I feet along said Anew thence N B8-41'26" E 41.01 feet °tang sold fence; thence S 34'18YY9 t E 299:11 feet' thmrca S 4812'40. E 18139 trot to an netting fences; thence S 25'sflt E 9876 feet along - fence; thence S 84'3547 C 8.57.60 feet along said fence; thence N 242800 F 8&09 feet Nang said fence: thenen N SPEW W 40498 Ieeteio o point Lie an eat ting east-vat fenq mortar N 8'42041 £ 1J 05 Leet along sold Nnn; Monte N .751:19" W 13255 feet along sold fenceethence N 400236' W / 23.58 feet Nang sold fence: thence N 1'0748' W 1.00 deet along seed fancy to-the south 6ne of a beet of fond decanted it/ Book 525 N Page 3d of the ,netts of the Clerk and Recorder of Corfield County, Cs/aado; thence S 7315:72' E 571.17 feet along sold smith /Me; Nene S 872.223' E 594.30 feet Mang said south tint; Nene S &9;03'JC E 2577.91 feat along sad south McAto the east fine of Lot 5, section 11; thence S 029'Or E 57382 feet o/dng sod cast &e to the south be. of said Section 12• Mena S 894553- E 225647 feet Nag sad south line to the point of beginning. containing 124.295 octets more or less. /III Nl'alrliV1/41R!M41 {+Na 1'�d++HILI I��e 'aV Iuu}, 51I11 Receotrora aa05S0 _ I _ Si,-.,7: ii3li;; is 5�3` WI � ;�P � � '4a !i1� i ` ' (I .� �f ��' 1 ifi .I i i- F ¢ -1{ -[ 5 F!6 Y til f! fli ,II f i IIt ir i :I rk .f Wok:, • , Ai PeF: [: " p r `.r Isi'ait s9It 1, f Ijs f; , .� . nr. 1 I 'd1 '2 YF ikkr Z!'" i :ii i i i1;1� iP I 1. 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EXHIBIT "C" Property Description Easement Area A EASEMENT AREA A: A PARCEL OF LAND SITUATED WITHIN THE PROPERTY DESCRIBED IN THE DEED RECORDED MAY 22, 1981 AS RECEPTION NO. 3151 1 I OF THE GARFIELD COUNTY RECORDS, ALSO WITHIN THE SOUTH 1/2 OF SECTION I I AND THE NORTH 1/2 OF SECTION 14, TOWNSHIP 8 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN. THE BASIS OF BEARING FOR THIS DESCRIPTION IS BASED ON A BEARING OF N 89°57'00"W BETWEEN THE FOUND NO 5 STEEL BARS USED AS THE TOWN OF CARBONDALE STREET MONUMENT LOCATED AT 2ND& MAIN STREET AND THE MONUMENT LOCATED AT 8TH & MAIN STREET THIS ESTABLISHED A PROJECT BASIS OF BEARING OF 5.00°35'27"E. ALONG THE EAST LINE OF SECTION 13, FROM THE NE CORNER OF SAID SECTION 13 FO THE E 'G CORNER SAID SECTION 13, BOTH MONUMENTED BY FOUND 1924 US-GLO BRASS CAPS; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT SAID NORTHEAST CORNER OF SAID SECTION 13, A FOUND 1924 US-GLO BRASS CAP IN PLACE;THENCE S.00°35'27"E., ALONG THE EAST LINE OF SAID SECTION 13 A DISTANCE OF 236.67 FEET TO THE NORTHEAST CORNER OF THE TYBAR RANCH SUBDIVISION, ACCORDING TO THE FINAL PLAT OF TYBAR RANCH SUBDIVISION/PUD, RECORDED APRIL 09, 2007 UNDER RECEPTION NO. 536444 OF THE PITKIN COUNTY RECORDS; THENCE LEAVING SAID EAST LINE S.89°50'41"W., ALONG THE NORTHERLY BOUNDARY LINE OF SAID TYBAR RANCH A DISTANCE OF 8,753 98 FEET TO A POINT ON SAID EASTERLY RIGHT OF WAY FENCE LINE OF PRINCE CREEK ROAD, THE TRUE POINT OF BEGINNING, THENCE ALONG SAID FENCELINE AND THE WESTERLY BOUNDARY OF SAID PROPERTY THE FOLLOWING SEVEN (7)COURSES: 1)N.02°24'19"W., 78.00 FEET; 2)N.01°20'59"E., 124 23 FEET; 3)/8.03°1453"W , 76.67 FEET; 4)N.04°06'22"W., 106.99 FEET; 5)N.03°38'19"W , 196.19 FEET; 6)N.04°19'06"W., 139.79 FEET; 7)N.06°46'32"W , 37.70 FEET TO THE NORTHWEST CORNER OF SAID PROPERTY; THENCE LEAVING SAID FENCELINE AND ALONG THE NORTHERLY BOUNDARY OF SAID PROPERTY N.88°12236"E., A DISTANCE OF 19 20 FEET; THENCE LEAVING SAID NORTHERLY BOUNDARY THE FOLLOWING THREE (3)COURSES: 1) S 06°40'23"E., 126.40 FEET; 2) 5.03°43'42"E., 208.23 FEET; 3) S.01°45'53"E,425.42 FEET TO A POINT ON THE SOUTHERLY BOUNDARY LINE OF SAID PROPERTY THENCE 5.89°50'41"W,ALONG SAID SOUTHERLY BOUNDARY LINE A DISTANCE OF 20 74 FEET TO THE POINT OF BEGINNING. COUNTY OF GARFIELD, STATE OF COLORADO. 8997533_1 • •'. F 'ak'pk''Y hk"k4,1:1/s"'7.4TMl1• 101'.;'.14'7V I' in Rt<cptionU E3O550 mho r r,Anint I "0" TITLE EXCEPTIONS EASEMENT AREA A 1 TI IE LIEN FOR 2016 PROPERTY TAXES DUE AND PAYABLE IN 2017 2 RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED JUNE 17, 1904, IN BOOK 56 AT PAGE 50I AND RECORDED JANUARY 12, 1911 IN BOOK 71 AT PAGE 411 AND RECORDED MARCH 7, 1957 IN BOOK 298 AT PAGE 99 AND RECORDED MARCH 20 1908 IN BOOK 71 AT PAGE 75 AND RECORDED OCTOBER 19, 1923 IN BOOK 73 AT PAGE 17G 3. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED JUNE 17, 1904, IN BOOK 56 AT PAGE 501 AND RECORDED JANUARY 12, 1911 IN BOOK 71 AT PAGE 451 AND RECORDED MARCH 7, 1957 IN BOOK 298 AT PAGE 99 AND RECORDED MARCH 20, 1908 IN BOOK 71 AT PAGE 335 AND RECORDED OCTOBER 19, 1923 IN BOOK 73 AT PAGE 176. 4. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD TI IE SAME BE FOUND TO PENETRATE OR INTERSECT TI IE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED JUNE 21. 1892, IN BOOK 55 AT PAGE 2' OF THE PITKIN COUNTY RECORDS. 5 RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED JUNE 21, 1892, IN BOOK 55 AT PAGE AND RECORDED NOVEMBER 5, 1919 IN BOOK 55 AT PAGE 217 IN THE PITKIN COUNTY RECORDS 6. 12 1/2 PERCENT ROYALTY INTEREST OF ALL OIL, GAS AND OTHER MINERALS AS RESERVED BY ROBERT W. LONG IN WARRANTY DEED RECORDED APRIL 12, 1961 IN BOOK 333 AT PAGE 317 AS RECEPTION NO. 213373 AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN. 7 SIX AND ONE FOURTH ROYALTY INTEREST AS RESERVED IN INSTRUMENT RECORDED DECEMBER 23, 1968 UNDER RECEPTION NO. 242182. 8 EASEMENT AND RIGHI OF WAY FOR I HE EAST MESA DITCH. 9. TERMS, CONDITIONS AND PROVISIONS OF PIPELINE EASEMENT AGREEMENT RECORDED DECEMBER 09, 1983 IN BOOK 640 AT PAGE 7.45 UNDER RECEP ZION NO 348052 10.. EASEMENTS,CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE. PLAT OF SUBDIVISION EXEM TION PLAT OF OPEN SPACE PARCELS FOR"I HE PRINCE CREEK TRAIL RECORDED 'Sf"L , 20164N—Beelle— I3--. I.t nctei 22c0P&0r A/O. (03/08" 11. TERMS,CONDITIONS, PROVISIONS AND OBLIGATIONS OF ORDINANCE OF THE PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS,NO. 16 SERIES OF 2016 RECORDED lL 2c1 , 2016 AS RECEPTION NO (3O? AND EMERGENCY ORDINANCE REC DED S'J7 2'1, 2016 AS RECEPTION NO. L 3Oc\0 L 8Q95718_3 CONTRACT PUBLIC ACCESS AND USE EASEMENT # y33•ZN( THIS PUBLIC ACCESS AND USE EASEMENT (the "Easement"), made and entered into this 2.Sa day of July 2016, by and between the DKD "2004" TRUST,a Texas trust ("Grantor"),-end the Board of County Commissioners of Pitkin County, Colorado ("Grantee") (collectively, the "Parties"), RECITALS: A. Grantor is the record owner of certain real property located in Pitkin County, Colorado, located adjacent to and east of Prince Creek Road (Pitkin County Road No. 5), legally described on Exhibit A attached hereto and as depicted in Exhibit B attached hereto (the "Property"); and B Pursuant to Resolution No. 055-2013 of the Board of County Commissioners of Pitkin County, recorded in the Official Records of Pitkin County under Reception No 602604 and the Amendment thereto approved by Administrative Decision No. 034-2016 recorded in the Official Records of Pitkin County Under Reception No. 629276 (the"Approvals"t Pitkin County established approvals for the Open Space Parcels for the Prince Creek Trail Subdivision Exemption to create two (2) open space parcels (the "Open Space Parcels"). The two (2)Open Space Parcels, hereinafter referenced as Trail Parcel I and Trail Parcel 2, were to be created from portions of the Tybar Ranch Subdivision/PUD, as such Subdivision/PUD is described in the plat thereof recorded in the Pitkin County real property records in Pla $$ook 83 at Page 28 under Reception No. 536444 Additionally, the acquisition Ordinance No. b/ 14 -2016, recorded in the Official Records of Pitkin County under Reception No. /03099 4 contemplated the donation of two (2) Easement Areas, with one Easement Area being located on land in Garfield County and the other Easement Area, being the subject matter of this Easement, being located on land in Pitkin County; and C. Grantor desires to donate this Easement and Grantee desires by this instrument (a) to accept said Easement subject to the restrictions set forth herein, and (b) to assume certain responsibilities in connection therewith AGREEMENT: NOW, THEREFORE, for and in consideration of the mutual covenants and agreements set forth herein, and for other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, Grantor and Grantee agree as follows: Grant of Easement. Grantor hereby grants. transfers and conveys unto Grantee and its successors and assigns, for the use and benefit of the general public, a variable width non- exclusive perpetual public access and use easement, which shall include a gravel or paved surface non-motorized trail of approximately 15' in width, running over and across the Easement, in an alignment that runs approximately parallel to the alignment of Prince Creek Road. The location of the Easement area is depicted on Exhibit B and is legally described on Exhibit C (the"Easement Area"). 2. Acceptance of Easement Grantee hereby accepts the Easement in an "as is" condition, subject to the restrictions herein contained. Such acceptance does not preclude improvement or maintenance activities within the Easement Arca insofar as such acts sties may be allowed or required by this Easement. RECEPTION#: 631088, 08/02/2016 at 12:18:13 PM. Page - I - 1 OF 17. R $0.00 Doc Code EASEMENT Janice K. Vos Caudill, Pitkin County, CO 3. Easement Use Restrictions. a) Public use of the Easement shall be exclusively for non-motorized recreation such as hiking, horseback riding, bicycling and nordic skiing. Dogs within the Easement Area must be leashed at all times. b) This Easement is governed by the rules and regulations and other provisions of Title XII of the Pitkin County Code, as said Title XII may be amended or re- codified from time to time, provided always that the provisions of this Easement shall control wherever they are more restrictive than the provisions of said Title XII. c) No motorized vehicles shall be permitted in the Easement Area except as needed for maintenance of the Easement Area, the construction and maintenance of the trail surface, or for emergency service responses. d) Grantor reserves the right to use and enjoy the Easement Area 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. Without limitation to the foregoing, Grantor shall have the right to maintain any previously designated agricultural access and livestock access areas or utility easements on the surface or in the subsurface of the Easement Area. Grantor shall notify Grantee at least 48 hours in advance of Grantor's performing maintenance or construction activities within the Easement Area that would disrupt trail users' use of the Easement. Upon receipt of such notice or notices, Grantee shall post appropriate signs and/or trail closure notices to warn or redirect trail users away from Grantor's maintenance or construction activities. This Easement is granted subject to the exceptions to title listed on Exhibit D attached hereto. 4. Covenants Regarding Fencing. Prior to the removal of any existing fencing on the Easement Area that presently fences out Grantor's livestock from Prince Creek Road, Grantee shall pay for the materials to erect any new fence as may be required to fence out livestock from the Easement Area. Any new fencing shall be installed under Grantor's supervision. Grantor and Grantee shall share equally in the cost of labor for installing the new fencing, with either party having the right to utilize its own employees to provide such labor. All new fencing shall be placed within the boundaries of the Easement Area and shall be constructed of woven and barbed wire satisfactory to Grantor with a height of not less than fifty-two inches (52") above grade; provided, however, that the height of the new fencing will be capable of being reduced from fifty-two inches (52") above grade to forty-two inches (42") above grade when cattle are no longer present. Grantor shall continue to reserve the right to select the manner and method for replacing and maintaining such new fencing. Grantee, at Grantee's expense, shall be responsible for repairing any damages to the fencing caused by third parties, including trail users, but Grantor shall pay the cost of ongoing maintenance of any boundary fencing constructed pursuant to these restrictions so long as any portion of the Tybar Ranch Subdivision/PUD continues to be used for cattle operations and livestock grazing activities. In the event Tybar Ranch Subdivision/PUD ceases to be used for cattle operations or livestock grazing activities, Grantee, at Grantee's expense, may modify the fence to change wires or the weave of the fence, or reduce the height of the fence, or to install gates or create gaps for wildlife mitigation. Creek clappers will be utilized as necessary at irrigation ditch crossings. 5, Easement Care and Maintenance. Grantee hereby assumes complete responsibility for and agrees to maintain the public trail and Easement Area 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 Page -2- maintenance or care so required; provided, however that Grantor is not responsible for said damage if caused by livestock (including cattle and horses) or third parties. Grantee's maintenance responsibilities shall include,but not be limited to, trash and debris removal, keeping the public trail clear of rocks, vegetation and other obstructions, grooming as needed, controlling erosion and water runoff, and general care and maintenance. 6. Severability. Should any one or more sections or provisions of this Easement be 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 7. Governmental Immunity. The parties 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. Section 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. 8. Grantor's Immunity. The Parties expressly agree and acknowledge that this Easement has been granted for a "recreational purpose" under C.R.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 easements, 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 Easement Area, 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 public trail or Easement Area for public non-motorized travel or otherwise, or due to the condition of the public trail or Easement Area. The provisions 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 the Property. 9. 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 Property traversed by the Easement Area,or any part thereof) and Grantee, the substantially prevailing party shall be entitled to an award of its reasonable costs and attorneys' fees incurred in connection therewith. 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 for Pitkin County, in the Ninth Judicial District of the State of Colorado. Each party to this Easement shall have standing to bring an action to enforce the terms and conditions of this Easement in District Court, including an action for specific performance and injunctive relief. 10. Binding 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 record owners of the underlying Property traversed by the Easement Area, 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 Easement Area. This Easement may only be amended in writing signed by Grantee and by the then-record owner or owners of the Property traversed by the Easement Area. 11. Notices. Any notice, demand or document which either party is required or may desire to give, deliver or make to the other party shall be deemed delivered when sent via electronic delivery and deposited in the US Mail, via certified mail, return receipt requested addressed as follows: Page -3 - If to Grantor: DKD "2004" TRUST Emma Danciger do Tybar Ranch 1644 Prince Creek Road Carbondale Colorado 81623 e-mail: enunadancigerdrme.com With copy to: Holland &Hart LLP, attention Thomas J. Todd, Esq. 600 East Main Street, Suite 104 Aspen, Colorado 81611 e-mail: ttodd(&hollandhart.com If to Grantee: Pitkin County Open Space and Trails attention: Dale Will, Director 530 East Main Street Aspen Colorado 81611 e-mail: dale.will @pakincounty.com With copy to: County Attorney attention John Ely, Esq. 530 East Main Street Aspen Colorado 81611 e-mail:john.elygpitkincounty.com IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the day and year first above written. GRANTOR: DKD "2004" TRUST, a Texas trust By. -n"tItj Emma Danciger, Trustee A 'CO-- STATE OF COLORADO ) A ss. COUNTY OF PITKIN The foregoing instrument was acknowledged before me this .,�s=day of July, 2016, by Emmapanciger, stee of the DKD "2004" TRUST, a Texas trust. /I "Cot Witness my hand my se.I. My commission expires: l _ 0 NOTARY PIALIC 1�J'E/moi STATE OF COLORADO N tary Pub NOTARY ID 20124022M MY COMMISSION EXPIRES APMI.26,2020 Page -4- GRANTEE: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, Y, COLORADO By: � B -41-t • 1 Rachel,E. Richards, Chair STATE OF COLORADO ) ss. COUNTY OF PITK1N ) The foregoing instrument was acknowledged before me thio day of July, 2016, by Rachel E. Richards Chair, Pitkin County Board of County Commissioners. Witness my hand and of7iccal �l. My commission expires `� �/ SUSANNA MILLER AgienriY.� p 2// NOTARY OLORAPUBLIC 4 r ary Public STATE OF COLORAL'5 NOTASSIO EXPIRES 05-20-2G20 5.20 ' MY COMMISSION EXPIRES OS2lb25t _' Page -5- EXHIBIT "A" DKD "2004" TRUST PROPERTY DESCRIPTION ONn Numbtr: 00026117 LSOAL DESCRIPTION Th. South a.-bail of the Southeast on.-Quarter, the Northwest owe.-OOtrt.r of the Southeast on.-quarter, and the Southvat m.-gutrt.r of S.otion 13, Township S South, Range SS West of the Sixth Principal N.ridlan. =ZIT that part as described In Deed to Lout. J. Lon recorded September 12, 1261 In look 166 •t Page 111 and as described 1n Corr..tloa and Clarification Deed recorded September 2, 1276 to look 311 at Pape 170 as Reception No. 16(920. COON'S Or r1Tr1N. SUMS 07 COLOflOO. 11 `daa h 44 111 vassaay....."' 9 e I :4 1 e ifi QIiIII!!IiiIiiIfl 1111111111 111i3-I .• 11111111x1II 1iiitiiiiiiiiii ll I`i1 i .§! § - I I§I: I4 I.,E 1I33 N E11-� I i i g? 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I 1 k 1 RR i :1n �` �' ,I 0 Fp pp ii fm IP r d li' `” if 1 lIv Chia i I P1 11 eae , ` @ aF 61 9`fr I i. ` ,)F ` ya F r II ! , °I iif o c D ill m m f �,I �. - I . '� v I. r AI III • 01 I \ \ \ I. ii r ; ek RgI if 1! , ! , I ! I I v 1 f!I rI r .' ' -- - - •k •J fill! 'f '40 i / ,! l� ilf \i i, !J 1 i 3 1 ; v'; f it t If : _ .! tj \ I III , , II. / r I r - . �. I EXHIBIT "C" Property Description Easement Area B EASEMENT AREA B: A PARCEL OF LAND SITUATED WITHIN THE PROPERTY DESCRIBED M THE WARRANTY DEEM RECORDED MAY 22, 2001 AS RECEPTION NO. 454617 OF THE PITKIN COUNTY RECORDS, ALSO WITHIN THE SOUTH 1/2 OF SECTION 13, TOWNSHIP 8 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN. THE BASIS OF BEARING FOR THIS DESCRIPTION IS BASED ON A BEARING OF N 89 DEGREES 57100"W. BETWEEN THE FOUND NO. 5 STEEL BARS USED AS THE TOWN OF CARBONDALE STREET MONUMENTS LOCATED AT 2ND& MAIN STREET AND AT 8TH & MAIN STREET.THIS ESTABLISHED A PROJECT BASIS OF BEARING OF S 00 DEGREES 14'30"E. FROM THE WEST 1/4 CORNER OF SAID SECTION 13 A FOUND REBAR AND CAP L.S. NUMBER 15710 TO THE SOUTHWEST CORNER OF SAID SECTION 13 A FOUND STONE, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SEC TION 13, THENCE N 00 DEGREES 14'30"W. ALONG THE WESTERLY LINE OF SAID SECTION 13, A DISTANCE OF 1651.55'TO THE POINT OF BEGINNING, SAID POINT BEING THE MOST SOUTHWESTERLY ANGLE POINT OF SAID PROPERTY. THENCE ALONG THE WESTERLY BOUNDARY OF SAID PROPERTY AND CONTINUING ALONG SAID SECTION LINE N 00 DEGREES 14'JO"W., A DISTANCE OF 237.97 FEET; THENCE LEAVING SAID WESTERLY BOUNDARY AND SAID SECTION UNE THE FOLLOWING SEVENTEEN(17) COURSES: S 65 DEGREES 1739"E., 33.03 FEET: S 00 DEGREES 14115"E., 21344 FEET; S 38 DEGREES 45'37"E., 302.13 FEET; S 73 DEGREES 13107"E., 514.66 FEET; N 84 DEGREES 48'00"E.. 278.06 FEET; N 57 DEGREES 09'09"E,, 235.28 FEET; N 13 DEGREES 13'44"E.. 23.72 FEET: N 65 DEGREES 37'1 I"E., 182,01 FEET; N SO DEGREES 04'45"E., 206.31 FEET; S 65 DEGREES 01'095E., 245.84 FEET, S 71 DEGREES 10'34"E., 189.59 FEET; N 75 DEGREES 3290"E., 143.58 FEET; S 50 DEGREES 01'32"F., 135.28 FEET; S 39 DEGREES 23'22"E., 28.14 FEET; N 71 DEGREES 33'03"E.,46,46 FEET; S 40 DEGREES 5396"E., 1,091.65 FEET; 5 09 DEGREES 56'03"E., 533.56 FEET TO A POINT ON TIIE SOUTHERLY BOUNDARY LINE OF THAT PROPERTY DESCRIBED IN THE WARRANTY DEED RECORDED MAY 22, 2001 AS RECEPTION NO. .154617. THENCE ALONG SAID SOUTHERLY BOUNDARY LINE N 89 DEGREES 49'43"W., 31.30 FEET TO THE NORTHERLY RIGHT-OF-WAY BOUNDARY OF PRINCE CREEK ROAD'; THENCE LEAVING SAID SOUTHERLY BOUNDARY LINE ALONG SAID NORTHERLY RIGHT- OF-WAY THE FOLLOWING FOURTEEN(14)COURSES: N 16 DEGREES 14130"W., 136.09 FEET; N 08 DEGREES 50'06"W., 209.11 FEET; N 20 DEGREES 27'17"W., 187.46 FEET; N 37 DEGREES OI134"W., 366.68 FEET; N 43 DEGREES 2421"W., 725.43 FEET; N 66 DEGREES I3'54"W., 85.68 FEET; S 89 DEGREES 46103"W., 163.23 FEET; N 70 DEGREES 24125"W.,268.25 FEET; N 81 DEGREES 33'54"W, 165.19 FEET; S 83 DEGREES 06120"W.,297,08 FEET; S 46 DEGREES 58151"W.,227.99 FEET; S 84 DEGREES 48100"W.,361.56 FEET; N 73 DEGREES 131/7"W., 529.79 FEET; N 38 DEGREES 45137"W, 321.76 FEET TO THE POINT OF BEGINNING. *PRINCE CREEK ROAD RIGHT-OF-WAY AS PER THE ALIGNMENT DETAILED ON THE RECORD PLATS OF PRINCE CREEK VILLAGE TRACTS(RECORDED AS RECEPTION NUMBER 150377)AND PRINCE CREEK SUBDIVISION (RECORDED AS RECEPTION NUMBER 154711). COUNTY OF PITKIN, STATE OF COLORADO. 8997531_1 EXHIBIT "D" TITLE EXCEPTIONS EASEMENT AREA B I 11 IE- LIEN FOR 2016 PROPER'T'Y TAXES DUE AND PAYABLE IN 2017 2 RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACF AND REMOVE HIS ORE 111 EREFROM SHOULD TI IE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED fN UNITED STATES PATENT RECORDED SEPTEMBER 05, 1902, IN BOOK 55 AT PAGE I I 3 RIGHT OF WAY FOR DI [CUES OR CANALS CONST'RUCT'ED BY THE AU FHORITY OP THE UNITED STA FES AS RESERVED IN UNITED S FATES PATENT RECORDED NOVEMBER 30, 1926, IN BOOK 55 AT PAGE 580. 4 TERMS, CONDITIONS AND RESERVATIONS OF DEED RECORDED JANUARY 21, 1971 IN BOOK 253 Al' PAGE 321 5. 1 ERMS,CONDITIONS AND PROVISIONS OF EASEMENT RECORDED MARCH 27, 1974 IN BOOK 285 AT PAGE 417. 6. T ER\IS,CONDITIONS AND PROVISIONS OF RESOLLTION< 80-U RECORDED FEBRUARY 19, 1980 IN HOOK 383 AT PAGE 862 7 TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED OCTOBER 14, 1981 IN BOOK 415 AT PAGE WP 8 1 FRMS,CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED MAY 15, 1987 IN BOOK 516 AT PAGE -5'. 9. TERMS, CONDITIONS ;ND PROVISIONS OF NON-EXCLUSIVE EASEMENT RECORDED MAY 15, 1987 IN HOOK 536 A F PAGE 700. 10 TERMS,CONDITIONS AND PROVISIONS OF SETTLEMENT AGREEMENT RECORDED DECEMBER 27. 2006 Al'RECEPTION NO. 532031. II. TERMS, CONDITIONS AND PROVISIONS OF DETERMINAI ION RECORDI,D JUNE 06, 200: AT RECEPTION NO. 4,f'_:;211-, 12. 1 ERMS,CONDITIONS AND PROVISIONS OF RESOLUTIONf 094-2001 RECORDED NOVEMBER 08, 2001 Al RECEPTION NO, 4ou>73 13. TERMS, CONDITIONS AND PROVISIONS OF DEED OF CONSERVATION EASEMEN RECORDED APRIT, 10, 2000 A F RECEPTION NO 4'I,0' AND AMENDED AND RESTATED DEED OF CONSERVATION EASEMENT RECORDED JANUARY I :, 2008 AS RECEPTION NO 51+311 14. TERMS,CONDITIONS AND PROVISIONS OF RESOI U I ION# 036-2001 RECORDED MARCH 29, 2001 AT RECEPTION NO. -5_B,I. 15. TERMS,CONDITIONS AND PROVISIONS OF TRENCH, CONDUIT AND VAULT AGREEMENT RECORDED JANUARY 12, 2007 AT RECEPTION NO. 53_3300 16 TERMS, CONDITIONS AND PROVISIONS OF UNDERGROUND RIGHT OF WAY RECORDED JANUARY 12, 2007 AT RECEPTION NO 533310. 17. TERMS,CONDITIONS AND PROVISIONS OF WATER RIGH I'S AGREEMENT RECORDED MAY 19, 2009 AT RECEPTION NO 559001 18. ANY RIGHTS, INTERESTS OR EASEMENTS IN FAVOR OF THE UNIT ED 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 PRINCE CREEK. 19 EASEMENTS AND RIGHTS OF WAY FOR PRINCE CREEK ROAD. 20. TERMS. CONDITIONS AND PROVISIONS OF FIRST AMENDMENT TO CORRECTED DEED OF CONSERVATION EASEMENT RECORDED JULY 29. 2011 AT RECEPTION NO 581560. 21 TERMS, CONDITIONS AND PROVISIONS OF PITKIN COUNTY COMMISSIONERS RESOLUTION NO. 055-2013 RECORDED AUGUST 19, 2013 AT RECEPTION NO x,1126114 AND ADMINISTRA FIVE DECISION NO 34-2016 RECORDED MAY I I. 2016 AT RECEPTION NO. 6111276 22. EASEMENTS. CONDI(TONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NO I'ES ON THE PLAT OF SUBDIVISION EXEMPTION PLAT OF OPEN SPACE PARCELS FOR THE PRINCE CREEK TRAIL RECORDED 4,rks/2 ,2016{)1 BOOK AT PAGE 6(rider- RecePh/YM 410 b3/0Kt 23. TERMS,CONDITIONS, PROVISIONS AND OBLIGATIONS OF ORgINANCE OF THE PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS, NO. It SERIES OF 2016 RECORDED,TU CC12S1. 2016 AS RECEP[ION NO 4.3099VAND EMERGENCY ORDINANCE RECORDED .TuID 29 ,2016 AS RECEPTION NO. 6.0995/ . 24 TERMS, CONDI(TONS, AND PROVISIONS OF SECOND AMENDMENT TO CORRECTED DEED OF CONSERVA TION EASEMENT RECORDED 343-LY ,2016 AT RECEP[ION No (p,3 2089 ACt 8995718_2 lJ totg 'Irk VOA rl1Fthf'LPAlYriF".il1A} I UI!II CONTRACT P,. • ptsonn 820543 # 11— ,61/4 RESTRICTIVE COVENANTS FOR OPEN SPACE PARCELS FOR THE PRINCE CREEK TRAIL AND EASEMENT AREAS THESE RESTRICTIVE COVENANTS (the "Covenants") are entered into effective as of the o&QJt' day of ,jaig , 2016. by and between EMMA DANCIGER, in her iddfvidual capacity and the DKD "2004" TRUST, a Texas trust. collectively doing business as TYBAR ANGUS RANCH (collectively, "Tybar") and the BOARD OF COUNTY COMMISSIONERS FOR PITKIN COUNTY, Colorado (the "County"). RECITALS: A. Tybar is the owner of the real property described on Exhibit "A" attached hereto (the "fybar Property") B. Pursuant to Resolution No. 055-2013 of the Board of County Commissioners of Pitkin County, Colorado, recorded in the official records of Pitkin County under Reception No. 602604 and the Amendment thereto approved by Administrative Decision No. 034-2016 recorded in the official records of Pitkin County under Reception No. 629276 (the "Approvals'), the County established approvals for the Open Space Parcels for the Prince Creek Trail Subdivision Exemption to create two (2) open space parcels (the "Open Space Parcels"), hereinafter referenced as Trail Parcel 1 and Trail Parcel 2, to be created from portions of the Tybar Ranch Subdivision/PUD as such Subdivision/PUD is described in the plat thereof recorded in the Pitkin County real property records in Plat Book 83 at Page 28 under Reception No. 53644 The Open Space Parcels are legally described on Exhibit "B" attached hereto and are illustrated on the Subdivision Exemption Plat recorded on July 629 th 2016 in Plat Book /5 at Page IV under Reception No. (g)30 99 2 . A reduced copy of the Subdivision Exemption Plat is attached hereto and labeled as Exhibit "C " C. Additionally, the acquisition Ordinance No. 016-2016, recorded in the official records of Pitkin County under Reception No. 6.0 994 contemplated the donation of two (2) Easement Areas, with one Easement Area being located in Garfield County and one Easement Area being located in Pitkin County. Such Easement Areas are legally described on Exhibit "D" attached hereto, and shown on the Location Maps attached hereto as Exhibits "E" and "F". D Tybar and the County have agreed upon the terms and conditions of the sale and transfer of the Trails Parcels from Tybar to the County as well as the terms and conditions of the donation of the Easement Areas. and to accommodate the use by Tybar of the retained portions of the fybar Property (the "Retained Tybar Property"). Tybar and the County desire to enter into and establish these Covenants that shall burden the Trails Parcels and Easement Areas and benefit the Retained Tybar Property RECEPTION#: 631090, 08/02/2016 at 12:18:15 PM, 1 OF 2a, R $0.00 Doc Code COVENANTS Janice K. Vos Caudill, Pitkin County. CO 1 tl'F,rR','.:MiWk.k!!rPIN+ iH14,F,'r,F:ln,H'I j,} A !n Feceptionk 989549 oln- . , NOW, THEREFORE, for and in consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows: 1. Use Restrictions Applicable to Trails Parcels and Easement Areas. Tybar hereby declares and covenants that the Trails Parcels and Easement Areas shall be used for open space and trails purposes only. The development of the Trails Parcels and Easement Areas with building improvements shall be expressly prohibited. For purposes of these Covenants, the term "building improvements" shall include any above grade man-made structure of any size or shape; the term "building improvements" excludes utilities, landscaping, irrigation systems and facilities, water features and at- grade improvements such as public trails, roads, pathways and driveways. The parties acknowledge that the use of the Trails Parcels and Easement Areas shall be expressly limited to hiking, mountain biking and equestrian trail uses and that any motorized uses shall be strictly prohibited, except for motorized vehicles used exclusively for trail construction, maintenance and emergency response services by the County and/or its authorized agents and governmental affiliates. 2. Fencing Restrictions. The future use and improvement of the Trails Parcels will require the relocation of certain portions of the agricultural fencing that currently serves the Retained Tybar Property's cattle operations and livestock grazing activities. Prior to the removal of any existing fencing on the Trails Parcels or Easement Areas that presently fence out Tybar's livestock from Prince Creek Road, the County shall pay for the materials to erect any new fencing that may be required to fence out livestock from the Trails Parcels. Any new fencing shall be installed under Tybar's supervision. Tybar and the County shall share equally in the cost of labor for installing the new fencing, and either party shall having the right to utilize its own employees to provide such labor. All new fencing shall be placed within the boundaries of the Trails Parcels and shall be constructed of woven and barbed wire satisfactory to Tybar with a height of not less than fifty-two inches (52") above existing grade; provided, however, that the height of the new fencing will be capable of being reduced from fifty-two inches (52") above existing grade down to forty-two inches (42") above existing grade when livestock are not present on the Retained Tybar Property. Tybar shall continue to reserve the right to select the manner and method for replacing and maintaining such new fencing, and Tybar shall pay the cost of ongoing maintenance of any boundary fencing constructed pursuant to this paragraph so long as any portion of the Retained Tybar Property continues to be used for cattle operations and livestock grazing activities. In the event the Tybar Retained Property completely ceases to be used for cattle operations or livestock grazing activities, the County, at the County's expense, may modify the fence to change the wires or the weave of the fence, or reduce the height of the fence, or to install gates or create gaps for wildlife migration. Creek clappers will be incorporated into the fencing and utilized as necessary at stream and irrigation ditch crossings. 3. Prohibition of Development of Mineral Estate. Tybar hereby declares and covenants that the exploration, leasing or development of the oil, gas and other mineral 2 It'' G14'riAh'3F 1,11, :ti'c,1'a:JlFit.1.140`1rt1 , In Recept coni 880549 ir rights and interests underlying the Trails Parcels from the surface of the Tails Parcels are and shall be strictly prohibited. 4. Tvbar's Reserved Easement Rights. Tybar hereby reserves the right to construct, reconstruct and maintain (a) all utility lines and facilities, (b) all well and water line facilities and (c) all irrigation ditches, driveways and agricultural access ways in the easements located on, over, under and across the Trails Parcels and Easement Areas, as shown, described and dedicated on the Subdivision Exemption Plat Map and Location Maps. 5. Tybar's Reserved Water Rights and Water Facilities. The County acknowledges that all ditch, reservoir, well and other water rights, including Tybar's rights to the uninterrupted flow of Prince Creek (collectively, the "Water Rights"), whether adjudicated, unadjudicated, historically benefitting or appurtenant to the Frails Parcels, are and shall be expressly excluded from the sale and transfer of the Trails Parcels, and are reserved by fybar and by third parties who may have record interests in the Water Rights. 6. Miscellaneous. These Covenants shall be recorded in the real property records of both Pitkin and Garfield Counties. These Covenants shall constitute covenants running with the land and shall not be amended, modified or terminated without the prior written consent of Tybar and the County, and shall be binding on the parties hereto, and their respective successors and assigns. In the event of any breach or threatened breach of the terms and conditions of these Covenants, either party shall have the right to seek specific performance against the other party. In the event of litigation to enforce any of the terms or provisions of these Covenants, the prevailing party shall be entitled to an award of its reasonable attorneys fees IN WITNESS WHEREOF, the parties hereto have executed these Covenants effective as of the day and year first above written. TYBAR: Err. -i-e-,-4--, t.it- PJ df�%J Emma Danciger, individually o DKD "2004".1-7-(-1 TRUST, a Texas trust By: (J`-7" l' a ' u ' CCzi EmmaaDanciger, Trustee V A . CO- 3 ■III M711t117 ''/101.7;MMPi ) 1111H RecepEiontt 880549 1 4�i /a 1 en M PFav nii .ubf iu p STATE OF COLORADO ss COUNTY OF PITKIN The foregoing instrument was acknowledged before me this 915°day of stay , 2016 by Emma anciger, individually, and in her capacity n Trustee on behalf ofDKD "2004"Trust, a Texas trust.' and En,mc A Witness my hand and official seal. [o My commission expires: �/.141,,C,=fid • 4 NSc NOTARY PUBLIC 8711E OP COLORADO NOTARY ID 20124022998 MY COMMISSION EXPIRES APRIL 29 2020 4 ■"'t,4LP!e.kriltigth �6F+I:Wti'+4'�i,klllb'IYIV VIII R. .pti nV S50549 b. COUNTY: BOARD OF COUNTY COMMISSIONERS OF PITK IN COUNTY, COLORADO By: 5 . Board Chairixwmtt STATE OF COLORADO ss. COUNTY OF PITKIN The foregoing instrument p s acknowledged Fb bre me this02Qday of , 2016 by JL[ as ChaVrwrBrr of the and County Commissioners of Pitkin County, Colorado. Witness my hand and official seal. 1, My commission expires: Sla(lc20 SUSANNA MILLER NOTARY PUBLIC dd ��//yy..,,,,,,��,,,,�� // �`�/�1'//� STATE OF COLORADO '} A4vIY//IY'l //// NOTARY IDN 19964007052 tj lat Public MY COMMISSION EXPIRES 05-20-2020 y List of Exhibits Exhibit "A" Legal Description of Tybar Property Exhibit "B" Legal Description of Trails Parcels Exhibit "C" Reduced Copy of Subdivision Exemption Plat Showing Trails Parcels Exhibit "D" Legal Description of Easement Areas Exhibit "E" Location Map Showing Easement Area on AVLT Portion of Tybar Exhibit "F" Location Map Showing Easement Area on Garfield Cty. Portion of Tybar 6309007_4 5 EXHIBIT "A" EMMA DANCIGER PROPERTY DESCRIPTION tract land rON Sa 11. 2. Tie Mb�s /an88 we? of ne SM Prinillen m/pal gmnldendas f : Dgimahg or the southeast corner of Hudd Sinton It merwe S 0'36'00' E 2.467 feet along the wet fine of sold swhon 15 to the DaNNN-#Wen Grouny a; mane $8450106' w 6756.15 Leet Wong said coMO' In theca N I S4sc W 75849 !wt to the north Ens of Lot 9 of said Section I I: mems N 6811'36' E 294.67 feet along sold north Ere of Lot g to the cantagne of on tmtgatiw OM; mega S 37160E £ 34.3.? test along sold siren canter%ne to on existing fence: hence N 6572'4C £ 138.27 feet slang solo'tenor; Mon N 86elthr £ 41.01 fent along sold fen mance S 3F76'OB' E 299:37 fent hence S 4652'48' 2 IMAM kit N en eating fencx, thse.a S 2S5.ESY E 9676 Yet Wong soft fence; One S 69'3547" E 657.60 ret tong sold fen thence N 1476'06' E 8408 Leet along mid lance; thence N .1041Y w 40398 tcet4to a poht in on angling east—cwt fine' mane N 8E'20 4C E :24.45 fent along molt ten thence N SsTJY Jr !3263 tet Nang sold fm thence N 400156' W 25.58 feet along seed fen thence N 1074' w 1.00 log Wong sold fancy teethe south Ere of a tract of land dnated in Book 525 at pogo 34 of the reaves of the ChM and Recorder of 6an0atl County, CNemdo; thews S 7Sistle E 51117 feet along sold south One; than S 8725:21' E 594.30 fast ding said earth (ins thence S 449F370' E 2577.11 fret along mid south tineppto the sot line of Lot 5, Section I1, Nene 5 038Y13- E • 51182 feet offing said east lino to the south tine of mid Section It mance S 69'4555' £ Messy feet along said south fine to Me point of beginning. containing 124.2995 attn more or tess, 'I iI II ■9' h17411'P v n ffiNt4 DAVil}.10RI!II R. ceptxon4 880549 -- n.4 I- - . l toe r• 91bei4 Niek'Arr.ir 10llVdYQ1EMU' l'J' I. ), NI Re-cot,,n±i 8805441 - EXHIBIT"A" DKD"2004"TRUST PROPERTY DESCRIPTION Older Number 0002n27 LEGAL DESCRIPTION 'fit loath one-halt of tat Southeast one-quarter, the Northwest awe-quarter of the Iouth.ut oa.-guarttr, U.S Cha Southwest oat-waren of Station 1.1, tosaship S South. lupi Si Nest of the Sixth Pslaoipal Neridlu. AVM that part .s desarib.d Sar plod to Louis S. lora raaerded SCptoeher 12, DSP is Rook SSS et Ten US lad as described SA Cosmetics end Cl.rifiaatioa Dead recorded l pteab.r 2, 1971 la hook ASS .t p.pe 170 es haoeptian Ms. 1!1710. COUNTY OF P1'i0[SN, Srhrl OF COLORADO. ■"' rilesnhtA'i,kll kil :ONAliti`IY'kU 111'1 Re tpti nn 080549 DKD "2004" TRUST PROPERTY DESCRIPTION Continued Tybar Ranch Subdivision/PUD according to the Final Plat thereof recorded April 9, 2007 in Plat Book 83 at Page 28 at Reception No. 536444 LESS AND EXCEPT: Trail Parcel 1 and Trail Parcel 2 of Open Space Parcels for the Prince Creek Trail. according to the plat thereof recorded July, 2016 in Plat Book 115 at Page 4-( at Reception No. & 3c992_ 8998099_1 • ' FIPA,Z alitl'I4j14U%t%Iul p,i1I15k!,0111.I+W,}, 1IIII Rccepeionn 834+549 EXHIBIT "B" Property Description Trail Parcel I and Trail Parcel 2 TRAIL PARCEL 1 SUBDIVISION EXEMPTION PLAT OF OPEN SPACE PARCELS FOR THE PRINCE CREEK TRAIL, ACCORDING TO THE PLAT THEREOF RECORDED J14 29 , 2016 IN PLAT BOOK I I AT PAGE 41 J COUNTY OF PPTKIN, STATE OF COLORADO TRAIL PARCEL 2 SUBDIVISION EXEMPTION PLAT OF OPEN SPACE PARCELS FOR THE PRINCE CREEK TRAIL, ACCORDING TO THE PLAT THEREOF RECORDED J u I 2C1_ , 2016 IN PLAT BOOK US AT PAGE4I . 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V. `.3'9 ,"� �a pjj m 1�{{1311§i6 1 if { IN B� Nm / I1' 1`+ ' ..,X41;L 7! �� 1 _§ cgs 1t / 4ii� en / Ill It "a; f / \ I/ f' \`7 4 4i 3�34 A 4€€€ in 1 . m 1 ) alk' '\\ �" '.ee x I III II :Id d1d �YF i: III ' \` I 1 51 i II f ' 1, }�7�t_ 1 I 't 4d l 4 /q I 1 l 1 til Rept0549 Racept ,°nh Sbt1549 EXHIBIT "D" Property Description Easement Area A EASEMENT AREA A: A PARCEL OF LAND SITUATED WITHIN THE PROPERTY DESCRIBED IN THE DEED RECORDED MAY 22, 1981 AS RECEPTION NO. 31511 I OF THE GARFIELD COUNTY RECORDS,ALSO WITHIN THE SOUTH 1/2 OF SECTION 11 AND THE NORTH 1/2 OF SECTION 14, TOWNSHIP 8 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN. THE BASIS OF BEARING FOR THIS DESCRIPTION IS BASED ON A BEARING OF N 89°57'00"W BETWEEN THE FOUND NO. 5 STEEL BARS USED AS THE TOWN OF CARBONDALE STREET MONUMENT LOCATED AT 2ND& MAIN STREET AND THE MONUMENT LOCATED AT 8TH &MAIN STREET THIS ESTABLISHED A PROJECT BASIS OF BEARING OF S 00°35'27"E. ALONG THE EAST LINE OF SECTION 13, FROM THE NE CORNER OF SAID SECTION 13 TO THEE ''A CORNER SAID SECTION 13, BOTH MONUMENTED BY FOUND 1924 US-GLO BRASS CAPS; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT SAID NORTHEAST CORNER OF SAID SECTION 13, A FOUND 1924 US-GLO BRASS CAP IN PLACE; THENCE 5.00°35'27"E.,ALONG THE EAST LINE OF SAID SECTION 13 A DISTANCE OF 236.67 FEET TO THE NORTHEAST CORNER OF THE TYBAR RANCH SUBDIVISION, ACCORDING TO THE FINAL PLAT OF TYBAR RANCH SUBDIVISION/PUD, RECORDED APRIL 09, 2007 UNDER RECEPTION NO. 536144 OF THE PITKIN COUNTY RECORDS: THENCE LEAVING SAID EAST LINE S.89°50'41"W., ALONG THE NORTHERLY BOUNDARY LINE OF SAID TYBAR RANCH A DISTANCE OF 8,753.98 FEET TO A POINT ON SAID EASTERLY RIGHT OF WAY FENCE LINE OF PRINCE CREEK ROAD,THE TRUE POINT OF BEGINNING, THENCE ALONG SAID FENCELINE AND THE WESTERLY BOUNDARY OF SAID PROPERTY THE FOLLOWING SEVEN (7)COURSES. 1)N.02°24'19"W, 78.00 FEET; 2)N.01°20'59"E, 124.23 FEET; 3)N.03°14'53"W., 76.67 FEET; 4)N.04°06'22"W, 106.99 FEET; 5)N 03°38'19"W, 196.19 FEET; 6)N.04°19'06"W, 139.79 FEET, 7)N.06°46'32"W, 37.70 FEET TO THE NORTHWEST CORNER OF SAID PROPERTY;THENCE LEAVING SAID FENCELINE AND ALONG THE NORTHERLY BOUNDARY OF SAID PROPERTY N 88°12'36"E.,A DISTANCE OF 19.20 FEET; THENCE LEAVING SAID NORTHERLY BOUNDARY THE FOLLOWING THREE(3)COURSES: 1) S.06°4023"E, 126.40 FEET; 2) S.03°43'42"E,208.23 FEET; 3) 5.01°45'53"E., 425.42 FEET TO A POINT ON THE SOUTHERLY BOUNDARY LINE OF SAID PROPERTY THENCE S.89°50'41"W,ALONG SAID SOUTHERLY BOUNDARY LINE A DISTANCE OF 20 74 FEET TO THE POINT OF BEGINNING. COUNTY OF GARFIELD, STATE OF COLORADO. 8997533_1 Iv]rd 41} ' orlini'k'' 'at�li+i' IIAiW':! �IIIi Recent inn" 880549 EXHIBIT "D" Property Description Easement Area B EASEMENT AREA B: A PARCEL OF LAND SITUATED WITHIN THE PROPERTY DESCRIBED IN THE WARRANTY DEED RECORDED MAY 22, 2001 AS RECEPTION NO. 4546117 OF THE PITKIN COUNTY RECORDS,ALSO WITHIN THE SOUTH 1/2 OF SECTION 13, TOWNSHIP 8 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN. THE BASIS OF BEARING FOR THIS DESCRIPTION IS BASED ON A BEARING OF N 89 DEGREES 57100"W. BETWEEN THE FOUND NO. 5 STEEL BARS USED AS THE TOWN OF CARBONDALE STREET MONUMENTS LOCATED AT 2ND& MAIN STREET AND AT 8TH& MAIN STREET. THIS ESTABLISHED A PROJECT BASIS OF BEARING OF S 00 DEGREES 14'30"E. FROM THE WEST 1/4 CORNER OF SAID SECTION 13 A FOUND REBAR AND CAP L.S. NUMBER 15710 TO THE SOUTHWEST CORNER OF SAID SECTION 13 A FOUND STONE, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 13,THENCE N 00 DEGREES 14'30"W. ALONG THE WESTERLY LINE OF SAID SECTION 13, A DISTANCE OF 1651.55'TO THE POINT OF BEGINNING, SAID POINT BEING THE MOST SOUTHWESTERLY ANGLE POINT OF SAID PROPERTY;THENCE ALONG THE WESTERLY BOUNDARY OF SAID PROPERTY AND CONTINUING ALONG SAID SECTION LINE N 00 DEGREES 14130"W., A DISTANCE OF 237.97 FEET; THENCE LEAVING SAID WESTERLY BOUNDARY AND SAID SECTION LINE THE FOLLOWING SEVENTEEN(17)COURSES: S 65 DEGREES 17'39"E , 33.03 FEET; S 00 DEGREES 14'15"E., 213.44 FEET; S 38 DEGREES 45'37"E., 302.13 FEET; S 73 DEGREES 13'07"E., 514.66 FEET, N 84 DEGREES 48'00"E.,278.06 FEET. N 57 DEGREES 09'09"E.,235.28 FEET; N 13 DEGREES 13'44"E.,23.72 FEET, N 65 DEGREES 37'11"E., 182.01 FEET, N 80 DEGREES 04'45"E.,20631 FEET; S 65 DEGREES 01'09"E.,245.84 FEET; S 71 DEGREES 10'34"E., 189.59 FEET; N 75 DEGREES 32'30"E., 143.58 FEET; S 50 DEGREES 01'32"E., 135 28 FEET; S 39 DEGREES 23'22"E.,28.14 FEET, N 71 DEGREES 33'03"E.,46.46 FEET; S 40 DEGREES 5336"E., 1,091.65 FEET, S 09 DEGREES 56'03"E., 533.56 FEET TO A POINT ON THE SOUTHERLY BOUNDARY LINE OF THAT PROPERTY DESCRIBED IN THE WARRANTY DEED RECORDED MAY 22,2001 AS RECEPTION NO. 454617, THENCE ALONG SAID SOUTHERLY BOUNDARY LINE N 89 DEGREES 49143"W.,31.30 FEET TO THE NORTHERLY RIGHT-OF-WAY BOUNDARY OF PRINCE CREEK ROAD*, IF v'71001II4 !$h I K"l:i'L'U'rt IA Recept ionC 8.80543 THENCE LEAVING SAID SOUTHERLY BOUNDARY LINE ALONG SAID NORTHERLY RIGHT- OF-WAY THE FOLLOWING FOURTEEN (14)COURSES: N 16 DEGREES 1490"W, 136.09 FEET; N 08 DEGREES 5606"W, 209.11 FEET; N 20 DEGREES 27'17"W, 187.46 FEET; N 37 DEGREES 01134"W, 366.68 FEET; N 43 DEGREES 24121"W., 725.43 FEET; N 66 DEGREES 13154"W., 85.68 FEET; S 89 DEGREES 46'03"W., 163.23 FEET; N 70 DEGREES 24'25"W, 268,25 FEET; N 81 DEGREES 33154"W., 165.19 FEET; S 83 DEGREES 0620"W., 297.08 FEET; S 46 DEGREES 5651"W, 227.99 FEET; S 84 DEGREES 48100"W., 361.56 FEET; N 73 DEGREES 13'07"W., 529.79 FEET; N 38 DEGREES 4637"W, 321.76 FEET TO THE POINT OF BEGINNING. *PRINCE CREEK ROAD RIGHT-OF-WAY AS PER THE ALIGNMENT DETAILED ON THE RECORD PLATS OF PRINCE CREEK VILLAGE TRACTS (RECORDED AS RECEPTION NUMBER 150377)AND PRINCE CREEK SUBDIVISION(RECORDED AS RECEPTION NUMBER 154711). 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S \ \ . i li, | / Ili L- ,— ® | 1 iiril ig 1 1' ƒ | � 1 / ' qH ! § i« i § H § § \ / $ H ! % $ Ili , § I � § \ $ ! i ] I § \ $ li dI [ | II hi it J 1 \ % , � NyA \ « $_ . • Z; : § f . 1 ` " d / \ \ » \ ¥ ` \ ® ' % \ \ - 2 \ • ' \ ! \ k\\ \ " % \ \ t $\§ ' \ v , .. © \ \ + I $ « » \ > , ^ \ !/54 \ \ /\ . \ ! > @ k - ' \` S., '\ \ \ \ \ \ \ G\ % . . \ 2 ki\WW1 4 ` \ \\f ƒ\ , \ : / ; \ . « 1�« \ \� \ % + kms \ / , & � s \ - . , `a §% v \i ‘09 � \ \ X \ \ \ . CONTRAC RESTRICTIVE COVENANTS # q3.5--2614 FOR TYBAR BULL PEN PARCEL THESE RESTRICTIVE COVENANTS (the "Covenants") are entered into effective as of the ,2 (11-th day of —Tull , 2016 (the "Effective Date"), by and between DKD "M04" TRUST, a Texas trust, doing business as TYBAR ANGUS RANCH ("Tybar") and the BOARD OF COUNTY COMMISSIONERS FOR PITKIN COUNTY, Colorado (the "County") RECITALS: A. Tybar is the owner of the real property described as the Tybar Ranch Subdivision/PUD, according to the Plat thereof recorded April 9, 2007 in Plat Book 83 at Page 28 as Reception No 53644, as modified and amended by the Subdivision Exemption Plat of Open Space Parcels for the Prince Creek Trail recorded 7uvy_ZCt , 2016 in Plat Book Ira_ at Page Lit as Reception No. 693t'PI92- (the "Tybar Property"). B. the County, in Ordinance No 0110 -2016 (the "Approval Ordinance"), approved the acquisition from Tybar of a 4.918-acre tract of land (the "Bull Pen Parcel") located south of and across Prince Creek Road (Pitkin County Road No. 5) from the Tybar Property. The Bull Pen Parcel is legally described on Exhibit "A" attached hereto and shown on a reduced copy of the Improvement Survey Plat of the Bull Pen Parcel (the "Improvement Survey Plat") attached hereto and labeled as Exhibit "B." C. Tybar and the County have agreed upon the terms and conditions of the sale and transfer of the Bull Pen Parcel from Tybar to the County, and in connection therewith Tybar and the County desire to enter into and establish these Covenants which shall burden the Bull Pen Parcel and benefit the Tybar Property. NOW, THEREFORE, for and in consideration of Ten Dollars (510.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows I. Trailhead Use Restrictions Applicable to Bull Pen Parcel So long as the County ov`ns all or any portion of the Bull Pen Parcel, the use of the Bull Pen Parcel shall be limited to (railhead parking, picnicking and related recreational activities, and to provide public restrooms consistent with these permitted uses and restrictions (hereinafter collectively referred to as the "Trailhead Use Restrictions"); provided, however, that pursuant to Section 13.5.3 of the Pitkin County Home Rule Charter, the County reserves the right to convey Interests in the Bull Pen Parcel and in connection therewith unilaterally terminate the Trailhead Use Restrictions in the event the County determines, in its sole discretion, that all or some portion of the Bull Pen Parcel is not RECEPTION#: 631086. 08/02/2016 at 12:02:12 PM, 1 OF 8, R $0.00 Doc Code COVENANTS Janice K.Vos Caudill, Pitkin County, CO needed for trailhead parking in this location, or if all or any portion of the Bull Pen Parcel is not essential for the preservation of Open Space. Any portion of the Bull Pen Parcel which the County designates as being not needed for :railhead parking or not essential for the preservation of open space shall hereinafter he described as an "Unrestricted Parcel". "the termination of the T railhead Use Restrictions on an Unrestricted Parcel shall be effective as of the dale the County sells and conveys title to an Unrestricted Parcel to a third party. 2. Commercial Use Restrictions Applicable to Bull Pen Parcel. The Bull Pen Parcel shall not be used for commercial purposes. The forgoing restriction on commercial uses shall remain in place until the earlier to occur of either (a) the date which is thirty (30) years from the Effective Date of these Covenants; or, (b) the date on which the last remaining portion of the "1 ybar Property ceases to retain its agricultural land classification, as provided under the State of Colorado and the Pitkin County Assessor's property tax valuation and assessment statutes, rules and regulations. 3. Prohibition of Development of Mineral Estate. The exploration, leasing or development of the oil, gas and other mineral rights and interests underlying the Bull Pen Parcel from the surface of the Bull Pen Parcel is and shall be strictly prohibited. 4. Tybar's Reserved Water Rights and Water Facilities. The parties acknowledge that the County shall own all right, title and interest in the water rights and well facilities associated with Colorado Division of Water Resources Well Permit Number 156225, with an owner well designation of Danciger 41 Well, located on the Bull Pen Parcel. Tybar reserves all other ditch, reservoir, well and other water rights, whether adjudicated, unadjudicated, historically benefitting or appurtenant to the Bull Pen Parcel (collectively, the "Reserved Water Rights"). The Reserved Water Rights include Tyhar's rights and the rights of third parties in and to the Vandventer Spring Ditch and the Vandventer Spring Ditch pipeline and domestic water system and appurtenant casement rights (collectively, the "Vandventer Spring Facilities"),which include (a) all Vandventer Spring Ditch water rights, (h) all easements and rights of way for transporting such water rights, (c) all water pipes, lines, cisterns, water tanks, vents, pump houses, surface improvements, electric riser and utility lines and facilities located on the Bull Pen Parcel which serve and benefit the Vandventer Spring Facilities; (d) all fencing enclosing the Vandventer Spring Facilities as shown and described on the Improvement Survey Plat; and, (e) a right of access to and from the Vanden:et. Spring Facilities for purposes of maintaining, operating, repairing or replacing any and Vanda enter Spring Facilities. 5. Temporary Irrigation Water for Revegetation of Bull Pen Parcel; To the extent permitted by law, and consistent with prior water irrigation practices on the Bull Pen Parcel, for a period of three (3) years from the effective date of these Covenants, and during the June 1 to September 30 irrigation season, Tybar agrees to provide the County with excess temporary irrigation water to aid the County in its efforts to revegetate the disturbed surface areas of the Bull Pen Parcel following parking lot traiihead construction. The source of the irrigation water shall be from water resources on the Tybar Property, and the water shall be delivered to the Bull Pen Parcel via a temporary three inch (3") pipe extending from an existing sprinkler irrigation riser on the Tybar Property, and through an existing corrugated metal culvert under Prince Creek Road. The maximum amount of excess irrigation water that Tybar will make available to the Bull Pen Parcel is O.Icubic feet per second (c.f.s.) of time or 45 gallons per minute. The County shall be responsible for managing the water distribution once the water enters the Bull Pen Parcel. The County shall notify Tybar ten days in advance of when the County desires water deliveries, and such water shall be made available if and only if Tybar determines, in its sole discretion, that sufficient excess water resources are available Tybar will not guarantee delivery of irrigation water during periods of drought when there is likely to be no excess irrigation water 6. Miscellaneous. These Covenants shall be recorded in the real property records of Pitkin County. Theses Covenants shall constitute covenants running with the land and shall not be amended, modified or terminated without the prior written consent of Tybar and the County, and shall be binding on the parties hereto, and their respective successors and assigns. In the event of any breach or threatened breach of the terms and conditions of these Covenants, either party shall have the right to seek specific performance against the other party In the event of litigation to enforce any of the terms or provisions of these Covenants, the prevailing party shall be entitled to an award of its reasonable attorneys fees. IN WITNESS WHEREOF, the parties hereto have executed these Covenants effective as of the day and year first above written. TYBAR: DKD "r,2.004" TRUST,n(�a Texas trust �( By: in..sc.� ou. ¢..3 �Emma anciger, Trustee A STATE OF COLORADO ) . CO- ) ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this.28-J'day of July, 2016 by Emma Danciger, Trustee on behalf of DKD "2004"Trust, a Texas trust. AR . nCo- Wfitness my hand and official seal. My commission expires: //.4/0202 d kEtl�kmaikr -- NOTARY PUEUC MATE OF COLORADO -iea /'a L , I. NOTARY ID20124022%O otary Pu uric MY COMMON EXPIRES APRIL a 2010 3 COUNTY: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO Board Chairs+aw STATE OF COLORADO ss. COUNTY OF PITKIN The forc ,oi igs rumen( was acknowledged before me this& day of July, 2.016 by rl{L�� as Chairwertof the Board of County Commissioners of Pitkin County, Colorado. Witness my hand and official seal. My commission expires: SA.a/ars SNOTARY OBjOMILLE - NDSOFCOLO.RA STATE JD COLORADO j? '/[ N DIARY SS ONE PIRES3]052 i' ary Public ILMv COMMISSiONfxPiRE5 a=IC.1223 List of Exhibits Exhibit "A" Legal Description of Bull Pen Parcel Exhibit "B" Improvement Survey Plat Showing Bull Pen Parcel SX0011J0 I 4 EXHIBIT"A" Property Description Bull Pen Parcel A PARCEL OF LAND SITUATED IN LOTS 4 AND 8, SECTION 14,TOWNSHIP 8 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, PITKIN COUNTY, COLORADO, LYING SOUTHERLY OF THE SOUTHERLY RIGHT OF WAY FENCE OF PRINCE CREEK COUNTY ROAD AS CONSTRUCTED AND IN PLACE(1980)', NORTHERLY OF THE SOUTH LINE OF SAID LOTS 4 AND 8 AND WESTERLY OF THE EAST LINE OF SAID LOT 8, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 8, WHENCE THE SOUTHEAST CORNER OF SAID SECTION 14 BEARS S 36 DEGREES 46' 50"E, A DISTANCE OF 3922 61 FEET(WITH ALL BEARINGS SHOWN HEREON BEING RELATIVE TO A BEARING OF 5 00 DEGREES 14' 30" E FROM THE 1/4 CORNER COMMON TO SECTIONS 13 AND 14,TOWNSHIP 8 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN TO SAID SOUTHEAST CORNER OF SAID SECT ION 14), THENCE N 89 DEGREES 56' 50" W.ALONG THE SOUTHERLY LINES OF SAID LOTS 4 AND 8 A DISTANCE OF 768.71 FEET TO A POINT ON A FENCE LINE AS CONSTRUCTED AND IN PLACE(1980),THENCE LEAVING SAID SOUTHERLY LINE N 12 DEGREES 40'23" E. ALONG SAID FENCE LINE A DISTANCE OF 441.13 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY FENCE OF PRINCE CREEK COUNTY ROAD AS CONSTRUCTED AND IN PLACE(1980);THENCE LEAVING SAID FENCE LINE ALONG SAID SOUTHERLY RIGHT OF WAY THE FOLLOWING'THREE(3) COURSES: I) S 73 DEGREES 54'22" E, A DISTANCE OF 369 02 FEET 2) S 65 DEGREES 30' 55" E A DISTANCE 0F56.13 FEET 3) S 42 DEGREES 31'29" E, A DISTANCE OF 393.85 FEET TO A POINT ON THE EASTERLY LINE OF SAID LOT 8, THENCE LEAVING SAID SOUTHERLY RIGHT OF WAY S 00 DEGREES 19'05" E, ALONG SAID EASTERLY LINE OF SAID LOT 8 A DISTANCE OF 15.27 FEET TO THE POINT OF BEGINNING COUNTY OF PITKIN, STATE OF COLORADO 899)4N5 I Fii� iR't;a4 k i` 1L�!'rpei t '3,' 'i>1_ \ti va ll n1 4 ,t,-`s. tat 1 ^ t y5{ 4 i>6"' ii5 t41t Os 11:5,tt k� la Al `4, A Ottl lit i % i'i i, ivy: t�\ tti=t ts F- k�tti til °ih 1 i, fiy 'L y;ytR, �.a1 IN, t 1..ii st w.. i y Is 1?_; q`3 .. £ \n a • n7.1 :fi _ OL icy / - 4Y^.0 \tl ¢b 1 ; .. 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