HomeMy WebLinkAboutbocc.ord.043.2020 RECEPTION#: 671569, R: $0.00, D: $0.00, 12/16/2020 at 08:54:57 AM, Pgs 1 of 10,Janice K.Vos Caudill, Pitkin County, CO
Contract No. 230.2020
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY,COLORADO,APPROVING AND ACCEPTING THE MUSIC ASSOCIATES
OF ASPEN INC. LOT 2 CASTLE CREEK RECREATION AND ACCESS EASEMENT
ORDINANCE NO. 043 -2020
RECITAL S
1. Pursuant to 30-35-301 C.R.S.,the Board of County Commissioners ("BOCC")of Pitkin
County, Colorado a Home Rule County is authorized to make 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 2.8.1 of the Home Rule Charter("HRC"), the BOCC is authorized to
take official action by Ordinance for certain matters where action is prescribed pursuant
to the Colorado Revised Statutes as amended.
3. 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 ("OSTB")to
guide the expenditure of those funds and make recommendations to the BOCC.
4. The Open Space and Trails Program is charged with protecting agriculture, open space,
habitat, scenic view planes, and recreational routes on public lands.
5. Helvetica Endeavours, LLC, owns Music Associates of Aspen(MAA) Lot 2 located
along Castle Creek at 361 and 365 Hall Drive.
6. On October 10, 2019,the BOCC approved Resolution 91-2019,recorded on 11/19/2019
at reception number 660526, allocating 6,079 square feet of floor area as a result of Pitkin
County's Growth Management Quota System("GMQS").
7. Resolution 91-2019 requires the conveyance of a recreation and access easement for
Castle Creek,to be approved by Open Space and Trails and accepted via ordinance by the
BOCC.
8. Helvetica Endeavours are prepared to convey a recreation and access easement along
their driveway and along Castle Creek to Pitkin County in accordance with Resolution
91-2019.
9. On July 9, 2020,the Pitkin County OSTB recommended that the MAA Lot 2 Recreation
and Access Easement be approved and accepted by the BOCC and designated as an Open
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Space and Trails asset.
10. The BOCC finds that adoption of this ordinance is in the best interest of the citizens of
Pitkin County.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Pitkin
County, Colorado that it hereby approves and accepts the Music Associates of Aspen Lot 2
Recreation and Access Easement and authorizes the Chair or the Chair's designee to sign the
Ordinance and upon the satisfaction of the County Attorney as to form, execute any other
associated documents necessary to complete this matter.
RECEPTION#: 671569, 12/16/2020 at 08:54:57 AM, Pgs 3 of 10,Janice K.Vos Caudill, Pitkin County, CO
INTRODUCED AND FIRST READ ON THE 28th DAY
OF October , 2020 AND SET FOR SECOND READING AND PUBLIC
HEARING ON THE 18th DAY OF November 2020.
NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE
ORDINANCE PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE 5th DAY
OF November , 2020.
NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE ORDINANCE POSTED
ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.pitkincounty.com)ON THE
_5th DAY OF November 2020.
ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE _18th
DAY OF November 2020.
PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN
TIMES WEEKLY ON THE 26th DAY OF November , 2020.
POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN COUNTY
WEBSITE (www.pitkincounty.com )ON THE_19th DAY
OF November , 2020.
ATTEST: BOARD OF COUNTY COMMISSIONERS
By v11-th, . -S By: 5d�e�en F. CG,1d
Jeanette Jones Steven F. Child, Chair
Deputy County Clerk
Date: Nov-19-2020
APPROVED AS TO FORM: MANAGER APPROVAL
10A, e17 pL 5 i taf&
John Ely, County Attorney Phylis Mattice for Jon Peacock, County Manager
Effective 01-01-2020
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Exhibit 1
MUSIC ASSOCIATES OF ASPEN INC. LOT 2
CASTLE CREEK RECREATION AND ACCESS EASEMENT
THIS PUBLIC EASEMENT FOR RECREATION AND ACCESS TO CASTLE CREEK
(the "Easement Agreement"), made and entered into this day or eC-03-2020 , 2020, by and
between the Helvetica Endeavours, LLC, whose address is P.O. Box 437, Aspen, Colorado
81612 (the "Grantor"), and the Board of County Commissioners of Pitkin County, Colorado, a
body corporate and politic, whose address is 530 East Main Street, Aspen, Colorado 81611
("Grantee"). Grantors and Grantees may collectively be referred to herein as the "Parties".
The following exhibits are attached hereto:
Exhibit A: Legal description of the Property
Exhibit B: Map of the Easements
RECITALS
A. Grantor is the record owner of certain real property located in Pitkin County
specifically described in that Special Warranty Deed recorded at Reception No. 475694, in the
property records of the Pitkin County Clerk and Recorder's Office (the "Records") and
commonly known as Music Associates of Aspen Inc. (MAA) Lot 2 with an address of 335, 361,
and 365 Hall Drive, Aspen Colorado, 81611, located in Pitkin County, Colorado (the
"Property").
B. On October 10, 2019, Resolution 091-2019 of the Board of County
Commissioners of Pitkin County was recorded at Reception No. 660526 and requires the Grantor
to record a recreation and access easement(the "Easement")dedicated to the Pitkin County Open
Space and Trails for access to and within Castle Creek(the"Resolution").
C. Grantor now desires to grant the Easement to the Grantee consistent with
the Resolution 091-2019.
D. Grantee desires by this instrument (a) to accept the Easement subject to
the restrictions set forth herein, (b) to assume certain responsibilities in connection with
the Easement.
E. The Parties acknowledge and agree that the grant of this Easement
Agreement does not constitute a takings.
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:
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1. 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 non-exclusive
perpetual public recreation and access easement located along Hall Drive for parking and public
access and within the watercourse of Castle Creek and ten feet above the mean high water mark
on both sides of the creek as depicted on Exhibit B (the"Easement").
2. Scope of Easement.
The Easement shall 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 to
time, provided always that the provisions of this Easement shall control wherever they are more
restrictive than the provisions of said Title XII. Without limiting the generality of the foregoing,
the following activities and uses are expressly prohibited, or restricted as set forth below:
i. Parking will be permitted only in designated areas established and maintained by
the Grantee.
ii. Overnight camping is prohibited and use of the Easement is restricted to between
Sunrise to Sunset.
iii. Fires and grills are prohibited.
iv. Any and all signage installed within the Easement by either party will be
approved by the other party and will be uniform to Pitkin County standards, provided that the
placement of any signs will be agreed upon by the parties in writing prior to installation of the
same.
v. Grantor reserves the right to use and enjoy the 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. Without limitation
to the foregoing, Grantor shall have the right to grant any easements to utility companies over or
under the Easement. The Easement is granted subject to all existing easements, restrictions and
covenants of record.
3. As-is conveyance. 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 insofar as such activities may be allowed or required
by this Easement Agreement.
4. Easement Care and Maintenance. Grantee hereby assumes complete
responsibility for and agrees to care for, groom and maintain the access 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
_ 2 _
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underlying 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 be limited to, trash and debris removal, keeping the access clear of rocks, vegetation and
other obstructions, controlling erosion and water runoff, and general care and maintenance.
5. Grantor's Immunity. The parties expressly acknowledge that the Easement is
granted for a "recreational purpose"under C.R.S. Section 33-41-101, et seq., and that Grantor is
entitled to the benefits, protections and limitations on liability afforded by Colorado law
governing recreational Easements, including without limitation said C.R.S. Section 33-41-101, et
seq. By accepting the Easement granted hereunder, Grantee agrees: (a) by granting the
Easement, Grantor shall have no obligation to repair, clear or otherwise maintain the area within
the 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 Easement for
public non-motorized travel or otherwise, or due to the condition of the Easement area; (b)to add
Grantor as a co-insured on any policy or liability insurance carried by Grantee and insuring
against such claims or losses; and (c) to reserve to Grantor the right to claim full credit for the
Easement granted hereunder under the Pitkin County Land Use Code in any future subdivision or
other land use application or approval relating to the Property.
6. Attorneys' Fees. In the event the interpretation or enforcement of this Easement
should ever become the subject of litigation between Grantor(or its successors and assigns in the
record ownership of the underlying real property traversed by the Easement, or any part thereof)
and Grantee, the prevailing party shall be entitled to an award of its reasonable costs and
attorneys' fees incurred in connection therewith.
7. 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 real property traversed by the
Easement, or any part thereof The benefits and burdens hereof shall also run with the title to the
underlying real property and all parts thereof traversed by the Easement. This Easement
Agreement may only be amended by a writing signed by Grantee and by the then-record owners
of the underlying real property traversed by the Easement.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as
of the day and year first above written.
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Helvetica Endeavours LLC—Easement
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GRANTOR:
Helvetica Endeavours,LLC
harstud A-AL
Marshall Hall, Manager
j,
STATE OF Calia a )
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COUNTY OF )
The fgregoing instrpment was acknowledged before me this -) day of keels.,
2020, by dle,tr5/4.441
My commission expires C119-5-
Witness my hand and official seal.
4,66. t‘4‘,41
Notary Public
JEANETTE JONES
NG OW PUBLiC
STATE Oi•-:cotoano
NOTARY ID 1%0403:2356)
commtom Ex-Y ,
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Helvetica Endeavours LLC—Easement
RECEPTION#: 671569, 12/16/2020 at 08:54:57 AM, Pgs 8 of 10,Janice K.Vos Caudill, Pitkin County, CO
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RECEPTION#: 671569, 1211612020 at 08:54:57 AM, Pgs 9 of 10,Janice K.Vos Caudill, Pitkin County, CO
EXHIBIT A
Legal Description of Property
Lot 2 of the M.A.A. Inc. Filing No. 1 as described on the amended plat of record
in Plat Book 4 at Page 466 of the real property records of Pitkin County,
Colorado, and subject to the dedications, notes and restrictions thereon.
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Helvetica Endeavours LLC—Easement
RECEPTION#: 671569, 12116I2020 at 08:54:57 AM, Pgs 10 of 10,Janice K.Vos Caudilla>, Pitkin County, CO
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RECEPTION#: 671570, R: $0.00, D: $0.00, 12/1612020 at 09:02:24 AM, Pgs 1 of 7,Janice K.Vos Caudill, Pitkin County, CO
Contract No. 230.20
MUSIC ASSOCIATES OF ASPEN INC. LOT 2
CASTLE CREEK RECREATION AND ACCESS EASEMENT
THIS PUBLIC EASEMENT FOR RECREATION AND ACCESS TO CASTLE CREEK
(the "Easement Agreement"), made and entered into this day or eC-03-2020 , 2020, by and
between the Helvetica Endeavours, LLC, whose address is P.O. Box 437, Aspen, Colorado
81612 (the "Grantor"), and the Board of County Commissioners of Pitkin County, Colorado, a
body corporate and politic, whose address is 530 East Main Street, Aspen, Colorado 81611
("Grantee"). Grantors and Grantees may collectively be referred to herein as the "Parties".
The following exhibits are attached hereto:
Exhibit A: Legal description of the Property
Exhibit B: Map of the Easements
RECITALS
A. Grantor is the record owner of certain real property located in Pitkin County
specifically described in that Special Warranty Deed recorded at Reception No. 475694, in the
property records of the Pitkin County Clerk and Recorder's Office (the "Records") and
commonly known as Music Associates of Aspen Inc. (MAA) Lot 2 with an address of 335, 361,
and 365 Hall Drive, Aspen Colorado, 81611, located in Pitkin County, Colorado (the
"Property").
B. On October 10, 2019, Resolution 091-2019 of the Board of County
Commissioners of Pitkin County was recorded at Reception No. 660526 and requires the Grantor
to record a recreation and access easement(the "Easement")dedicated to the Pitkin County Open
Space and Trails for access to and within Castle Creek(the"Resolution").
C. Grantor now desires to grant the Easement to the Grantee consistent with
the Resolution 091-2019.
D. Grantee desires by this instrument (a) to accept the Easement subject to
the restrictions set forth herein, (b) to assume certain responsibilities in connection with
the Easement.
E. The Parties acknowledge and agree that the grant of this Easement
Agreement does not constitute a takings.
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:
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Helvetica Endeavours LLC—Easement
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1. 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 non-exclusive
perpetual public recreation and access easement located along Hall Drive for parking and public
access and within the watercourse of Castle Creek and ten feet above the mean high water mark
on both sides of the creek as depicted on Exhibit B (the"Easement").
2. Scope of Easement.
The Easement shall 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 to
time, provided always that the provisions of this Easement shall control wherever they are more
restrictive than the provisions of said Title XII. Without limiting the generality of the foregoing,
the following activities and uses are expressly prohibited, or restricted as set forth below:
i. Parking will be permitted only in designated areas established and maintained by
the Grantee.
ii. Overnight camping is prohibited and use of the Easement is restricted to between
Sunrise to Sunset.
iii. Fires and grills are prohibited.
iv. Any and all signage installed within the Easement by either party will be
approved by the other party and will be uniform to Pitkin County standards, provided that the
placement of any signs will be agreed upon by the parties in writing prior to installation of the
same.
v. Grantor reserves the right to use and enjoy the 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. Without limitation
to the foregoing, Grantor shall have the right to grant any easements to utility companies over or
under the Easement. The Easement is granted subject to all existing easements, restrictions and
covenants of record.
3. As-is conveyance. 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 insofar as such activities may be allowed or required
by this Easement Agreement.
4. Easement Care and Maintenance. Grantee hereby assumes complete
responsibility for and agrees to care for, groom and maintain the access 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
_ 2 _
Helvetica Endeavours LLC—Easement
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underlying 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 be limited to, trash and debris removal, keeping the access clear of rocks, vegetation and
other obstructions, controlling erosion and water runoff, and general care and maintenance.
5. Grantor's Immunity. The parties expressly acknowledge that the Easement is
granted for a "recreational purpose"under C.R.S. Section 33-41-101, et seq., and that Grantor is
entitled to the benefits, protections and limitations on liability afforded by Colorado law
governing recreational Easements, including without limitation said C.R.S. Section 33-41-101, et
seq. By accepting the Easement granted hereunder, Grantee agrees: (a) by granting the
Easement, Grantor shall have no obligation to repair, clear or otherwise maintain the area within
the 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 Easement for
public non-motorized travel or otherwise, or due to the condition of the Easement area; (b)to add
Grantor as a co-insured on any policy or liability insurance carried by Grantee and insuring
against such claims or losses; and (c) to reserve to Grantor the right to claim full credit for the
Easement granted hereunder under the Pitkin County Land Use Code in any future subdivision or
other land use application or approval relating to the Property.
b. Attorneys' Fees. In the event the interpretation or enforcement of this Easement
should ever become the subject of litigation between Grantor(or its successors and assigns in the
record ownership of the underlying real property traversed by the Easement, or any part thereof)
and Grantee, the prevailing party shall be entitled to an award of its reasonable costs and
attorneys' fees incurred in connection therewith.
7. 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 real property traversed by the
Easement, or any part thereof The benefits and burdens hereof shall also run with the title to the
underlying real property and all parts thereof traversed by the Easement. This Easement
Agreement may only be amended by a writing signed by Grantee and by the then-record owners
of the underlying real property traversed by the Easement.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as
of the day and year first above written.
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Helvetica Endeavours LLC—Easement
RECEPTION#: 671570, 12/16/2020 at 09:02:24 AM, Pgs 4 of 7,Janice K.Vos Caudill, Pitkin County, CO
GRANTOR:
Helvetica Endeavours,LLC
harstud A-AL
Marshall Hall, Manager
STATE OF(titia do )
) ss.
COUNTY OF j 0.4 )
The fgregoing instrpment was acknowledged before me this -) day of 0.,ettilaxes.,
2020, by
My commission expires C119-5-
Witness my hand and official seal.
2/e4t/41
Notary Public
JEANETTE JONES
NG oRy PUBLIC
STATE Oi•-:COWRADO
NOTARY ID 1%0403:2356
COWS:AIN Eit-QkN ,
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Helvetica Endeavours LLC—Easement
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RECEPTION#: 671570, 1211612020 at 09:02:24 AM, Pgs 6 of 7,Janice K.Vos Caudill, Pitkin County, CO
EXHIBIT A
Legal Description of Property
Lot 2 of the M.A.A. Inc. Filing No. 1 as described on the amended plat of record
in Plat Book 4 at Page 466 of the real property records of Pitkin County,
Colorado, and subject to the dedications, notes and restrictions thereon.
- 6 -
Helvetica Endeavours LLC—Easement
RECEPTION#: 671570, 12116I2020 at 09:02:24 AM, Pgs 7 of 7,Janice K.Vos Caudill, Pitkin County, CO
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