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HomeMy WebLinkAboutbocc.res.054.2003 06/25/2003 09:02A SILVIA DR¥I$ PITKIN COUNTY CO R ~.00 0 0.00 i RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO AUTHORIZING PITKIN COUNTY TO EXECUTE THE SMUGGLER MOUNTAIN ROAD SETTLEMENT AGREEMENT IN BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO v. WILKINSON, ET AL., UNITED STATES DISTRICT COURT CASE NO. 00-MK-1296. RESOLUTION #.~9-~ -2003 RECITALS 1. In Resolution No. 99-61, the Board of County Commissioners of the County of Pitkin ("the Board") directed the County Attorney's Office to initiate litigation to determine the County's ownership interest in Smuggler Mountain Road. On June 22, 2000 the Attorney's Office filed a complaint in Federal District Court to quiet title and seeking a declaration that the Road was a public County Road. 2. The lawsuit, captioned Board of County Commissioners v. Wilkinson, et al., U.S. District Court Case No. 00-MK-1296, named as defendants all persons or entities who owned land traversed or accessed by Smuggler Mountain Road. Certain defendants in the litigation claimed that the Road was a private road and that they were entitled to close the Road to public travel. 3. After extensive litigation, the parties have reached a Settlement Agreement that declares Smuggler Mountain Road a public County Road and spells out certain rights of Pitkin County and of the defendants in the litigation. 4. The Board desires to have the Chairman execute the Settlement Agreement and to authorize the County Attorney to take further necessary actions to have the Settlement Agreement finalized and the litigation in Case No. 00-MK-1296 dismissed. NOW THEREFORE, be it resolved by the Board of County Commissioners of Pitkin County Colorado, that the Chairman of the Board of County Commissioners of Pitkin County, Colorado, is hereby authorized to sign that certain Smuggler Mountain Road Settlement Agreement in a form approved by the County Attorney and attached hereto as Exhibit A. The County Attorney is directed to take such further steps as may be necessary to finalize the Settlement Agreement and dismiss the litigation in U.S. District Court Case No. 00-MK-1296 once the Settlement is finalized. INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING ON THE 23ra DAY OF APRIL, 2003. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE 3m) DAY OF MAY, 2003. I Page: 2 of' 3t 06/Z5/2003 09:02R SILVI~ D~VIS PITKIN COUNTY CO R 0.00 O 0.00 APPROVED UPON SECOND ~ING ~D PUBLIC HE~NG ON THE 14th DAY OF ~Y, 2003. P~LISHED AFTER. OPTION IN THE ASPEN TIMES ~E~Y ON THE ~? DAYOF fl~/~ ~ ATTEST: BO~ OF COUNTY COMMISSIO~RS OF PITON COUNTY, COLO~O ~etie ]~nes U ' - Jac puW Clerk~ ~te:~m~ ~ ~ ~/~ ~ APPROVED AS TO FORM: ~ Hilary F. i~th~ Assistant County Attorney County Manager Page: 3 0¢ 3~. 06/25/2003 09: SILVIA DRVIS PITKIN COUNTY CO R 0,00 D 0.00 SMUGGLER MO~TA~ RO~ SETTLEMENT AG~EMENT THIS SETTLEMENT AGREEMENT ("Agreement") is entered into by and among the following Parties: Board of County Commissioners of Pitkin County, Colorado ("Pitkin County" or "the County"); the United States of America ("USA") (collectively, "the Governments"); and George M. "Wilk" Wilkinson, a/k/a George Marsh Wilkinson, a/k/a Wilk Wilkinson, a/k/a G.M. Wilkinson d/b/a Echo Films; Aspen Free Silver Mining Co.; New Consolidated-Standard et al. Company; Fidelity Trust Building, Inc.; Start Reserve at Smuggler Mountain LLC; Aspen Valley Land Trust; Music Associates of Aspen; and Mickie Flanigan (collectively, "the Landowners"). RECITALS A. Disputes and issues have arisen regarding the existence of public rights to use the road commonly known as Smuggler Mountain Road, located in Pitkin County, Colorado. A centerline legal description and map of Smuggler Mountain Road is attached hereto as Exhibit B. The Parties are involved in litigation concerning the status of Smuggler Mountain Road. The litigation is currently pending in the United States District Court for the District of Colorado as Civil Action No. 00-MK-1296 (the "Litigation"). C. The Parties by this Agreement desire to resolve certain of their disputes and differences regarding rights to use and maintain Smuggler Mountain Road. D. The Parties acknowledge that this Agreement will resolve issues concerning public rights of access to and over Smuggler Mountain Road, and will terminate expensive, lengthy litigation with regard to those issues. G. The Board of County Commissioners of Pitkin County, by duly passed Resolution, a copy of which is attached hereto as Exhibit "B," is empowered to enter into this Agreement on behalf of Pitkin County and on behalf of the public. NOW, THEREFORE, in recognition of the foregoing recitals and in consideration of the mutual covenants herein contained, the Parties agree as follows: 1. Dismissal of Claims and Court Order Enforcing Agreement. The Parties shall jointly petition the United States District Court to dismiss the Litigation, to discharge all lis pendens recorded by the Parties in connection with the Litigation, and to order the enforcement of the terms of this Agreement. The Parties will individually appear through counsel and support such petitions in the event of any court hearing thereon. A certified copy of the Pitkin County Resolution, this Settlement Agreement and Exhibit A thereto, and the order of dismissal and discharge of lis pendens shall be recorded with the Pitkin County Clerk and Recorder. No issues, Smuggler Mountain Road Settlement Agreement Page 2 of 6 other than as specifically set forth herein, shall be deemed resolved by this Agreement or by dismissal of the Litigation. 2. Status of Smuggler Mountain Road. The Parties hereby agree that Smuggler Mountain Road as described in Exhibit A is a public County Road along its entire length from its base to the U.S. Forest Service boundary at the southeast corner of the Protection Lode (i.e., the point after which the road no longer crosses private property). The Parties agree that the public and the Landowners shall have full rights of access over and across Smuggler Mountain Road subject to reasonable regulations as may be adopted by Pitkin County consistent with its powers under existing law. The Parties further agree that the width of the right of way for Smuggler Mountain Road shall be twenty (20) feet on either side of the center line described in Exhibit A. a. Status of Road as Easement or Fee. The Parties recognize that there is a dispute concerning the legal manner in which the County holds Smuggler Mountain Road and the associated 40-foot right of way for Smuggler Mountain Road. Specifically, the County contends that Smuggler Mountain Road and the associated right of way are held by the County as easements, while the Landowners contend that the County holds title to Smuggler Mountain Road and the associated right of way in fee. The Parties recognize that this Agreement does not resolve this dispute concerning the nature of the County's interest in the road and right of way. Use of the terms "road" or "right of way" in this Agreement shall not be construed to bear in any way on the question of whether the County holds Smuggler Mountain Road in easement or fee. 3. Maintenance. The Parties recognize that Pitkin County has both the authority and certain obligations to maintain County Roads, including Smuggler Mountain Road. Pitkin County agrees that should future development of areas serviced by Smuggler Mountain Road place maintenance or improvement demands on the road that exceed the County's budget for maintenance or improvement of the road, the County shall license appropriate Landowners to perform maintenance or improvements, at their own expense, sufficient to bring the road into a state consistent with County or State of Colorado standards for roads servicing such development. Such licenses shall be subject to County oversight and may be terminated for failure to comply with County or State of Colorado standards or directives, but such licenses shall not be terminated unreasonably. Nothing herein shall be construed to obligate the County to any particular level of improvement, maintenance, or budget for Smuggler Mountain Road. Nor shall anything herein be construed to exempt any road maintenance or improvements from full compliance with the Pitkin County Land Use Code or any other applicable law. 4. Utilities. The Parties acknowledge that utilities may be placed within the right of way for Smuggler Mountain Road. Any utilities so placed, however, must be installed underground at the expense of the landowner serviced by such utilities. The County shall retain discretion as to the location of the utilities within the right of way. Utility location proposals on National Forest System land within this right of way will be subject to the rules and regulations of the Secretary of Agriculture in effect at the time of the proposal. Smuggler Mountain Road Seitlement Agreement Page 3 of 6 5. Land Use Applications. Nothing herein shall be construed to exempt any person from full compliance with the provisions of the Pitkin County Land Usc Code or any other provision o£1aw governing land use applications. 6. Binding Effect. This Agreement shall run with the land and shall be binding upon, and inure to the benefit of, the Parties and all of their heirs, successors, personal representatives and assigns. 7. Attorneys Fees and Venue. In the event that the Parties hereto litigate the terms and provisions of this Agreement, the prevailing party shall be awarded reasonable attorneys fees and costs incurred. All litigation concerning the terms of this Agreement shall be initiated and maintained in Pitkin County District Court; provided, however, that if the United States is a party to any such litigation venue shall be in the United States District Court for the District of Colorado. 8. Counterparts. The Parties agree that the within Settlement Agreement may be executed in counterparts and that the counterparts taken together shall constitute the whole Agreement. Facsimile signatures shall be valid. 9. Costs. Each party shall bear its own costs and attorney fees in connection with the Litigation. IN WITNESS WHEREOF the Parties have executed this Settlement Agreement effective this day o f,,JSdareh~, 2003. AGREED: BOARD OF COUNTY COMMISSIONERS STARR RESERVE AT SMUGGLER MOUNTAIN~ OF THE COUNTY OF PITKIN LLC J(J(J(J(~k Hatfield, C~tirman Ronald D. Gollehon Smuggler Mountain Road Settlement Agreement Page 5 of 6 · ASPEN VALLEY LAND TRUST MUSIC ASSOCIATES OF ASPEN Martha Cochran, Executive Director Page: 6 of 31 06/25/2003 09:020 SILVI~ DAVIS PITKIN COUNTY C0 R 0.~0 O 0.0~ APPROVED: P1TKIN COUNTY ATTORNEY FOGNANI~ GUIBORD~ HOMSY & ROBERTS ~ John Fognani 530 East Main, Suite 302 Brian Gonzales Aspen, Colorado 81611 555 17th Street, Suite 2600 Attorney for Plaintiff Board Denver, Colorado 80202 of County Commissioners of Attorneys for Intervenor-Defendant the County of Pitkin Start Reserve at Smuggler Mt., LLC FREILICH~ MYLER~ LEITNER & CARLISLE UNITED STATES ATTORNEY'S OFFICE Michael Hoffinan Paul Johns 106 South Mill Street 1225 17th Street, Suite 700 Aspen, Colorado 81611 Denver, Colorado 80202 Attorney for Defendant Music Associates Attorney for Defendant United States of of Aspen America 04/16/02 13:$9 FAX 7202640510 FOGNANI GUIBORD ~003 Smuggler Mountain Ro~! Settlement Agreem~t Page 3 of 6 5. ~Land Use Application~, Nothing h~rein shall be construed to exempt any person from full compliance with the provisions of the Pitkin County I_and Use Code or any othex provision of law governing land use applications. 6. Biading Effect. This Agreement shall run with the land and shall be binding upon, and inure to the benefit o/~ the Parties and all of their heirs, successors, pexsonal represematives and assigns. 7. Attorneys Fee.$ and Venue. In the event that th~ Parties hereto litigate the teams and provisions of this Agreement, the prevailing party shall be awarded reasonable attorneys fees and costs incurred. All litigation concerning the terms of this ~,ement shall be initiated and maintained in Pitldn County District Court; provided,, however, that if the United States is a party to any such litigation venue shall be in the United States District Court for the Di,tslot of Colorado. $. Counterparts. The Parties agree that the withi~ Settlement Agrcemem may be executed in counterparts and that the countexparts taken togu-thex shall constitute the whole A~,n~nnent_ Facsimile signatures shall be valid. 9. Costs. Each party shall bear its own costs and ~:tomey f~es in connection with the Litigation. IN WlTNESS WHEREOF the Parties have executed this Settlement Agreement effective this \~'- day'of ~,_ ~ 2003_ 06/25/2003 09:02~ SIL¥I~ D~¥IS PlTK';N COUNTY CO R 0.00 D 0.00 BOA,RD O_; COU]~EY CO~V~]/SS]OP~IQ~S STARR I~SER*VE AT SMUGGLER OFTrlR COUNTY OF PI'I'KIN' LLC ~plc I-~ ,¢1d, Chain:nan R.ona~D. Qollehon 04/16/03 13:59 FAX 7202640510 ............. FOGNANI GUIBORD ~,~ oo~~m~o ~?~J Smuggler Mountai~ Road Seffiement Agreement ~age 4 of 6 STARR RESERVE AT SMUIgGLER MOUNTAJN- Page: $ of 31  , ~ SILVIR DRV;S P;TK;N COUNTY CO R e.ee m e.ee Wa~e ~ FIDELITY TRUST BUILDING, INC. GEORGE M, WILKIN$ON~ D/BJA ECHO FI'LMS George M "Wilk" Wilkinson, President George M, "Wilk' Wilkinson, President THE NEW CON$OLIDATED-,qTANDARD/ ASPEN FREE S~LV~R MYNING CO. FULTON/DELLA S. ET Al. COMPANY George M. "Wilk" Wilkinson, President George M. "Wilk" Wilkinsor~ President UNI l ED STATES OF AMEFdiCA MICKII/FL~tNICAN Rick Cables, Regional Forester Mickic Flanigan 04/16/03 13:59 FAX ?202640510 FOGNANI GUIBORD ~002 Smuggler Motmt~- Road Settlemeut Agreemem Page 5 of 6 VALLEY LAND TRUST MUSIC ASSOCIATES OF Page: 9 of ~ha Coc~n~ Ex~fi~ Dk~or e~/25/zee~ S~LV[R DRV[S PZTKZN COUNTY CO R e.ee ~ e.ee APPROVED: ,, P1TI~N COUNTY ATTORNEY FOGNANI, GIIIBORD~ HOMSY & ROBERTS Christopher O. Seldin k----.-~ohn Fo~g~n~ff" ~ -~-... 530 East Main, Suite 302 Brian (~:,~1c$ Aspen, Colorado 81611 555 17'" Street, Suite 2600 Attorney for Pkn'ntiff Board Denver, Colorado 80202 of County Comrnis~oners of Attorneys fo~ Intervenor-Defendant the County of PitMn Starr Reserw at Smuggler Mt., LLC FREHJt:t% MYLER, LEITNER & CARLISLE UNITED ffrA"~ ES ATTORNEY'S OFFICE Michael Hoffman Paul Johns 106 South Mill Street 1225 17~ S~eet, Suite 700 Aspen, Colorado 81611 Denver, Colorado 80202 Attorney/for Defendant Music Associates Attorney fo~Defendant United States of of Aspen America Smuggler Mountain Road Settlement Agreement page: ~.o Page 3 of~ 06/25/2003 ;)9 :~2~ 5. L~d U~ ADDlicafioDS. No~ing herein s~l be co~d to ex,pt ~y pe~on ~m ~1 ~mpli~ce M~ ~e provisions of ~e Plain Co~W L~d U~ Code or ~y o~er pro,sion of law gov~ng l~d use applic~ons. 6, BindMg Effect. ~is A~t s~ll ~ ~ ~e l~d ~d s~l be hnd~ u~n, ~d in~ m ~e b~efit of, ~e Pmies ~d MI of ~eir heirs, su~essom, peson~ r~msen~fives md assi~s. 7. A~mew Fe~ ~d Venue. In ~e event ~t ~e P~es helm litigate the ~s ~d pro~sions offs Agremem, the prevMfing p~ ~all ~ a~ed m~o~ble ~om~s fees ~d costs inched. All litigation concerning ~e terns of ~s A~em~t s~l ~ ~fiat~ ~d ~in~ned in Plain Co=~ DisMct Corn; provided, howe,, ~at if~e Unimd Sams is a p~ m ~y such litigation venue s~ll be in ~e United Sates ~sffict Co~ for ~e DisMct of ColorMo. 8, Counterparts. The Parties agree that the within Settlement Agreement may be executed in counterparts and that the counte[parts taken together shall constitute the whole Agreement. Facsimile signatures shall be valid. 9, Costs. Each party shall bear its own costs and attorney fees in connection with the Litigation. IN WITNESS WHEREOF the Parties have executed tl~,s Settlement Agreement effective this day ofMgrch, 2003. AGREED: BOARD OF COUNTY COMMISSIONERS STARR RESERVE AT SMUGGLER MOUNTAIN, OF THE COUNTY OF PITKIN LLC Jack Haffield, Chairman Ronald D, Gollehon Smu~ler Mountnfn Road Settlement A~reement . Page 4 of 4 STARR RESERVE AT SMUGGLER MOUNTAI~t LLC WayneStarr P&ge: 06/25/2003 0g:02~ DAVIS pITKIN COUNTY CO R 0.00 D 0.00 FIDELITY TRUST BUILDING~ INC. GEORGE M, WILKINSON, D/B/A ECHO FILMS George M. "Wilk" Wilkinson, President George M. "Wilk" Wilkinson=, President , "~Y~'~ ~ ~1~/I ~P~ ~ ~/41/ _ THE NEW CONSOLIDATED-STANDARD/ ASPEN FREE SILVER MINING CO. FULTON]DELLA S. ET AL. COMPANY George M. "Wilk" Wilkinson, President George M. "Wilk" Wilkinson, Presidem UNITED STATES OF AMERICA MICKII~ FLANIGAN Rick Cables, Regional Forester Mickie Flanigan "T ~N. gY: RAY WALL; 505 3~-1 'fg03; APR-tS-03 §:'IgAM~ PA{3~ 2/2 Smuggler Mountain Road Settlement Agreement Page 6 of 6 AUSTIN, PIERCE & SMITH, P.C, OATES~ KNEZEVICI! & GARDEN$WARTZ, Thomas Fenton Smith Ted Oardenswartz 600 East Hopkins, Suite 205 533 East Hopkins Aspcn, Colorado 81611 Aspen, Colorado 8161 ] Attorney,fi~r Dejb. ndant Aspen " .4ttorneyfor Defendant Mickie Flanigan Valley Land Trust ' RAY L WALL ,,/ ,./,, Page: 12 of' 31 SILVIfl DflVIS PITKIN COUNTY CO R ~,~ fl ~.0~ Ray W~ ( 2840~o Grade, N.W. A lbuqu~que, New Mexico 87107 Attorney for DeJb~ants Wil~'~von a~ Fidelily 7~ust Building, Inc. UNITED STATES DEPARTMENT OF AGRICULTURE--FOREST SERVICE MICKIE FLANIGAN BY: Rick Cables Regional Forester, Rocky Mountain Region Mickie Flanigan Page: 13 of 31 06/25/2003 09:02g SILVI~ DAVIS PITKIN COUNTY CO R 0.00 D 0.00 ASPEN VALLEY LAND TRUST MUSIC ASSOCIATES OF ASPEN Martha Cochran, Executive Director APPROVED: PITKIN COUNTY ATTORNEY FOGNANI~ GUIBORD~ HOMSY & ROBERTS Christopher G. Seldin John Fognani 530 East Main, Suite 302 Brian Gonzales Aspen, Colorado 81611 555 174 Street, Suite 2600 Attorney for Plaintiff Board Denver, Colorado 80202 of County Commissioners of Attorneys for Intervenor-Defendant the County of Pitkin Start Reserve at Smuggler Mt., LLC FREILICH~ MYLER~ LEITNER & CARLISLE UNITED STATES ATTORNEY'S OFFICE 106 South Mill Street 1225 17th Street, Suite 700 Aspen, Colorado 81611 Denver, Colorado 80202 Attorney for Defendant Music Associates Attorney for Defendant United States of of Asloen America Page: 14 of 31 06/25/2003 09:02~ SILVIA DAVIS PITKIN COUNTY CO R 0,00 D 0.00 AUSTIN~ PIERCE & SMITH~ P.C. OATES~ KNEZEVICH & GARDENSWARTZ~ P.C. Thomas Fenton Smith Ted Gardenswartz 600 East Hopkins, Suite 205 533 East Hopkins Aspen, Colorado 81611 Aspen, Colorado 81611 Attorney for Defendant Aspen Attorney for Defendant Mickie Flanigan Valley Land Trust RA Y L. WALL Ray Wall 2840 Rio Grande, N. W. Albuquerque, New Mexico 87107 Attorney for Defendants Willa'nson and Fidelity Trust Building, Inc. /¢ BBII Smuggler Mountain Road Settlement Agreement ~Page 4 of 6 gTARR I1E~IERVE AT SMUGGLER MOUNTAIN~ 06/25/2003 09:02¢:l $ILVI~q D~VT$ p;TK/N COUNTY CO R ~.~ D ~.~ Wa~e SL~ FIDELITY TRUST BUILDING, INC. GEORGE M. WILKINSON~ D/B/A ECHO FILMS George M. "Wilk' V¢ilkinson, President George M. "Will{" Wilkinson, President THE NI~WCONSOLIDATED-STANBARD/ ASPEN FREE SILVER MINING CO. FULTON/DELLA S. ET AL, CO~,{i:'ANY George M. "Wilk" Wilkinson, President George M. "Wilk' Wilkinson, President UNITED STATES OF AMERICA MICKIE FLANIGAN Rick Cables. Regional Forester M~~~ Smuggler Mountain Road Settlement Agreement Page 6 of 6 AUSTIN~ PIERCE & SMITHy P.C. /O~ES~ KNEZEVICH & GARDENSWARTZ~ Thomas Fenton Smith Ted Gard'enswartz 600 East Hopkins, Suite 205 533 East Hopkins Aspen, Colorado 81611 Aspen, Colorado 81611 Attorney for Defendant Aspen Attorney for Defendant Mic]a'e Flanigan Valley Land Trust RAY L. WALL Page: 15 of' 31 06/25/2003 09:02R SI~-VI~ D~VIS PITK~N COUNTY CO Ray Wall 2840 Rio Grande, N.W. Albuquerque, New Mexico 87107 Attorney for Defendants l'Vil]a'nson and Fidelity Trust Building, Inc. Smuggler Mountain Road Settlement Agreement Page 5 of 6 ASPEN VALLEY LAND TRUST MUSIC ASSOCIATES OF ASPEN Martha Cochran, Executive Director 06/25/2003 09: 02t~ APPROVED: SILVIR DI~VIS PITKIN COUNTY CO R e.00 D 0.00 PITKIN COUNTY ATTORNEY FOGNANI~ GUIBORD~ HOMSY & ROBERTS Christopher G. Seldin John Fognani 530 East Main, Suite 302 Brian Gonzales Aspen, Colorado 81611 555 17th Street, Suite 2600 Attorney for Plaintiff Board Denver, Colorado 80202 of County Commissioners of Attorneys for Intervenor-Defendant the County of Pitkin Start Reserve at Smuggler Mt., LLC FREILICH~ MYLER~ LEITNER & CARLISLE UNITED STATES ATTORNEY'S OFFICE Michael Hoffman Paul Johns 106 South Mill Street 1225 17th Street, Suite 700 Aspen, Colorado 81611 Denver, Colorado 80202 Attorney for Defendant Music Associates Attorney for Defendant United States of of Aspen America /7 Smuggler Mountain Road Settlement Agreement Page 6 of 6 AUSTIN~ PIERCE & SMITHy P.C. OATES~ KNEZEVICH & GARDENSWARTZ~ PoCo Thomas Fen~(~n S~nith ' Ted Gardenswartz 600 East Hopkins, Suite 205 533 East Hopkins Aspen, Colorado 81611 Aspen, Colorado 81611 Attorney for Defendant Aspen Attorney for Defendant Mickie Flanigan Valley Land Trust Page: 18 of 31 06/25/2003 09:02R SIL¥[R DRVIS PITKIN COUNTY CO R 0.00 D 0.~10 Ray Wall 2840 Rio Grande, N.W. Albuquerque, New Mexico 87107 Attorney for Defendants Wilkinson and Fidelity Trust Building, Inc. Smuggler Mountain Road Settlement Agreement Page: 19 of 31 06/25/2003 09: Page5 of 6 SlLVIA D~qVIS PITKIN COUNTY CO R 0.00 D ~.00 ASPEN VALLEY LAND TRUST MUSIC ASSOCIATES OF ASPEN Martha Cochran, Executive Director ent APPROVED: PITKIN COUNTY ATTORNEY FOGNANI~ GUIBORD~ HOMSY ~; ROBERTS Christopher G. Seldin John Fognani 530 East Main, Suite 302 Brian Gonzales Aspen, Colorado 81611 555 17th Street, Suite 2600 Attorney for Plaintiff Board Denver, Colorado 80202 of County Commissioners of Attorneys for lntervenor-Defendant the County of Pitkin Starr Reserve at Smuggler Mt., LLC FREILICH~ MYLER~ LEITNER & CARLISLE UNITED STATES ATTORNEY'S OFFICE ~~-'~/ Paul Johns 106 South Mill Street 1225 17th Street, Suite 700 Aspen, Colorado 81611 Denver, Colorado 80202 Attorney for Defendant Music Associates Attorney for Defendant United States of of Aspen America 06/25/2003 ~9:02¢~ DAVIS PITKIN COUNTY CO R ~,~ O 0.~ Smuggler Mountain Road Settlement Agreement EXHIBIT A (Surveyor's Map and Centerline Description of Road, 11 pp.) Page: 21 of' 31 06/25/2003 09 SILVIR DAVIS PZTKIN COUNTY CO R 0.00 D 0.00 R.84 W., .M. MONUMEI* .:,.c..,. 7 N FEET 500 0 500 FEET I,r,,l,,~rl GRAPHIC SCALE SCALE: 1 INCH =500 FEET TAIN ROAD ~[ EASEMENT DESCRIPTION OF A PORTION OF SMUGGLER MOUNTAIN ROAD The easement is a strip 24.00 feet in width measured perpendicularly to the centerline of the easement, being 12.00 feet on each side of the centerline with the side lines of which are extended or shortened as the case may be at each property line intersected by the easement so that the easement is continuous. Easement is situated in Sections 7 and 8, Township 10 South, Range 84 West, 6th Principal Meridian, County of Pitkin, State of Colorado, the centerline of which is more fully described as follows: Beginning at the westerly centerline point of the easement, whence the E 1/4 comer of said Section 7 bears N 44° 35' 01" E, 2129.25 feet and considering the north line of the NE 1/4 of the SE 1/4 of said Section 7 to bear N 88° 46' 38" W, with all other bearings contained herein relative thereto; 1. Thence S 47° 27' 00" E, 26.85 feet; 2. Thence southeasterly 58.57 feet along the arc ora circular curve to the right with a central angle of 55 ° 56' 00", a radius of 60.00 feet and a chord bearing S 19° 29' 00" E, 56.27 feet; 3. Thence S 08° 29' 00" W, 46.54 feet; 4. Thence southeasterly 34.98 feet along the arc of a circular curve to the left with a central angle of 40° 05' 12", a radius of 50.00 feet and a chord bearing S 11 ° 33' 36" E, 34.27 feet; 5. Thence southeasterly 55.13 feet along the arc ora circular curve to the left with a central angle of 92° 53' 55", a radius of 34.00 feet and a chord bearing S 78° 03' 09" E, 49.28 feet; 6. Thence northeasterly 156.65 feet along the arc of a circular curve to the left with a central angle of 83 ° 52' 56", a radius of 107.00 feet and a chord bearing N 13 ° 33' 25" E, 143.03 feet; 7. Thence northeasterly 142.54 feet along the arc of a circular curve to the right with a central angle of 181 ° 29' 03", a radius of 45.00 feet and a chord bearing N 62° 21' 29" E, 89.99 feet; 8. Thence S 26° 54' 00" E, 96.42 feet; 9. Thence southeasterly 50.01 feet along the arc of a circular curve to the right with a central angle of 46° 13' 00", a radius of 62.00 feet and a chord bearing S 03° 47' 30" E, 48.67 feet; 10. Thence S 19° 19' 00" W, 147.02 feet; 11. Thence southwesterly 117.48 feet along the arc of a circular curve to the left with a central angle of 34° 10' 05", a radius of 197.00 feet and a chord bearing S 02° 13' 58" W, 115.75 feet; Page: 22 of 31 06/25/2003 Og :02l~ ~. SILVI~ DRVIS PITKIN COUNTY CO R 0.00 D 0.00 Page: 23 of' 31 06/25/2003 09: $ILVI~ DI~VIS P~TKIN COUNTY CO R 0.00 D 0.00 12. Thence southeasterly 82.58 feet along the arc of a circular curve to the left with a central angle of 127° 52' 19", a radius of 37.00 feet and a chord bearing S 78° 47' 14" E, 66.47 feet; 13. Thence northeasterly 66.98 feet along the arc of a circular curve to the left with a central angle of 28° 25' 36", a radius of 135.00 feet and a chord bearing N 23 ° 03' 48" E, 66.29 feet; 14. Thence N 08° 51' 00" E, 60.29 feet; 15. Thence northeasterly 83.73 feet along the arc of a circular curve to the right with a central angle of 159 ° 54' 44", a radius of 30.00 feet and a chord bearing N 88 ° 48' 22" E, 59.08 feet; 16. Thence southwesterly 145.93 feet along the arc of a circular curve to the right with a central angle of 38° 00' 20", a radius of 220.00 feet and a chord bearing S 07° 45' 54" W, 143.27 feet; 17. Thence southwesterly 94.84 feet along the arc of a circular curve to the left with a central angle of 47 ° 40' 04", a radius of 114.00 feet and a chord bearing S 02 ° 56' 02" W, 92.13 feet; 18. Thence S 20° 54' 00" E, 92.51 feet; 19. Thence southeasterly 101.82 feet along the arc of a circular curve to the left with a central angle of 34° 19' 00", a radius of 170.00 feet and a chord bearing S 38 ° 03' 30" E, 100.30 feet; 20. Thence S 55° 13' 00" E, 144.37 feet; 21. Thence northeasterly 84.88 feet along the arc of a circular curve to the left with a central angle of 162 ° 06' 00", a radius of 30.00 feet and a chord bearing N 43 ° 44' 00" E, 59.27 feet; 22. Thence N 37° 19' 00" W, 47.68 feet; 23. Thence northwesterly 132.94 feet along the arc of a circular curve to the right with a central angle of 63 ° 28' 19", a radius of 120.00 feet and a chord bearing N 05° 34' 50" W, 126.24 feet; 24. Thence northeasterly 181.15 feet along the arc of a circular curve to the right with a central angle of 23° 48' 20", a radius of 436.00 feet and a chord bearing N 38° 03' 29" E, 179.85 feet; 25. Thence northeasterly 131.44 feet along the arc of a circular curve to the left with a central angle of 36° 44' 09", a radius of 205.00 feet and a chord bearing N 31 ° 35' 35" E, 129.20 feet; 26. Thence northwesterly 234.45 feet along the arc of a circular curve to the left with a central angle of 37° 06' 30", a radius of 362.00 feet and a chord bearing N 05° 19' 45" W, 230.38 Page: 24 ot' 31 06/25/2003 09:021~ feet~ S~'LYZA DAVIS PITKIN COUNTY CO R 0.00 D 0,00 27. Thence northeasterly 75.98 feet along the arc of a circular curve to the right with a central angle of 174° 08' 00", a radius of 25.00 feet and a chord bearing N 63 ° 11' 00" E, 49.93 feet; 28. Thence S 29° 45' 00" E, 175.90 feet; 29. Thence southeasterly 72.48 feet along the arc of a circular curve to the right with a central angle of 06° 25' 44", a radius of 646.00 feet and a chord bearing S 26° 32' 08" E, 72.45 feet; 30. Thence southeasterly 121.85 feet along the arc of a circular curve to the left with a central angle of 12° 34' 44", a radius of 555.00 feet and a chord bearing S 29° 36' 38" E, 121.60 feet; 31. Thence S 35° 54' 00" E, 220.73 feet; 32. Thence southeasterly 109.23 feet along the arc of a circular curve to the left with a central angle of 85 ° 44' 00", a radius of 73.00 feet and a chord bearing S 78 ° 46' 00" E, 99.32 feet; 33. Thence N 58° 22' 00" E, 43.44 feet; 34. Thence northeasterly 136.83 feet along the arc of a circular curve to the left with a central angle of 65° 20' 00", a radius of 120.00 feet and a chord bearing N 25° 42' 00" E, 129.54 feet; 35. Thence N 06° 58' 00" W, 513.25 feet; 36. Thence northwesterly 86.80 feet along the arc of a circular curve to the left with a central angle of 22° 06' 16", a radius of 225.00 feet and a chord bearing N 18° 01' 08" W, 86.27 feet; 37. Thence northwesterly 74.65 feet along the arc ora circular curve to the right with a central angle of 57 ° 01' 35", a radius of 75.00 feet and a chord bearing N 00 ° 33' 29" W, 71.60 feet; 38. Thence northeasterly 99.82 feet along the arc of a circular curve to the left with a central angle of 46° 52' 46", a radius of 122.00 feet and a chord bearing N 04° 30' 56" E, 97.06 feet; 39. Thence northeasterly 137.55 feet along the arc ora circular curve to the right with a central angle of 20° 25' 01", a radius of 386.00 feet and a chord bearing N 08° 42' 56" W, 136.82 feet; 40. Thence northwesterly 44.70 feet along the arc of a circular curve to the left xvith a central angle of 21 ° 20' 32", a radius of 120.00 feet and a chord bearing N 09° 10' 41" W, 44.44 feet; Page: 25 of' 3~ 06/25/2003 09:02~ SZLVZn DnV~'$ PZTKIN COUNTY C0 R 0.00 D 0.00 4 I. Thence northwesterly 151.20 feet along the arc of a circular curve to thc right with a central angle of 13 ° 49' 0l", a radius of 627.00 £eet and a chord bearing N 12 ° 56' 27" W, 150.83 feet; 42. Thence northeasterly 96.65 feet along the arc of a circular curve to the right with a central angle of 56? 30' 34", a radius of 98.00 feet and a chord bearing N 22° 13' 20" E, 92.78 feet; 43. Thence northeasterly 146.02 feet along the arc of a circular curve to the left with a central angle of 20° 45' 37", a radius of 403.00 feet and a chord bearing N 40° 05' 49" E, 145.22 feet; 44. Thence N 29° 43' 00" E, 100.86 feet; 45. Thence northeasterly 73.53 feet along the arc ora circular curve to the left with a central angle of 42° 07' 47", a radius of 100.00 feet and a chord bearing N 08 ° 39' 07" E, 71.88 feet; 46. Thence northeasterly 59.70 feet along the arc of a circular curve to the right with a central angle of 34° 12' 14", a radius of 100.00 feet and a chord bearing N 04° 41' 20" E, 58.81 feet; 47. Thence N 21° 47' 27" E, 168.01 feet; 48. Thence northwesterly 76.84 feet along the arc ora circular curve to the left with a central angle of 122° 17' 21"; a radius of 36.00 feet and a chord bearing N 39° 21' 13" W, 63.06 feet; 49. Thence northwesterly 78.67 feet along the arc of a circular curve to the right with a central angle of 24° 45' 54", a radius of 182.00 feet and a chord bearing N 88° 06' 57" W, 78.05 feet; 50. Thence N 75° 44' 00" W, 174.41 feet; 51. Thence northwesterly 57.82 feet along the arc of a circular curve to the right with a central angle of 30° 07' 04", a radius of 110.00 feet and a chord bearing N 60° 40' 28" W, 57.16 feet; 52. Thence northwesterly 233.37 feet along the arc of a circular curve to the right with a central angle of 68° 13' 10", a radius of 196.00 feet and a chord bearing N 11 ° 30' 21" W, 219.83 feet; 53. Thence northeasterly 59.99 feet along the arc of a circular curve to the left with a central angle of 17° 11' 10", a radius of 200.00 feet and a chord bearing N 14° 00' 39" E, 59.77 feet; 54. Thence northeasterly 50.33 feet along the arc ora circular curve to the right with a central angle of 36 ° 02' 57", a radius of 80.00 feet and a chord bearing N 23 ° 26' 32" E, 49.51 feet; Page: 26 of' 31 06/25/2003 09: SILVIA DAVIS PITKIN COUNTY CO R 0.00 D 0.00 55. Thence N 41 ° 28' 00" E, 50.87 feet; 56. Thence northwesterly 107.45 feet along the arc of a circular curve to the left with a central angle of 84° 20' 00", a radius of 73.00 feet and a chord bearing N 00° 42' 00" W, 98.01 feet; 57. Thence N 42° 52' 00" W, 126.66 feet; 58. Thence northwesterly 83.70 feet along the arc of a circular curve to the right with a central angle of 85 ° 38' 17", a radius of 56.00 feet and a chord bearing N 00 ° 02' 5 I" W, 76.12 feet; 59. Thence northeasterly 97.98 feet along the arc of a circular curve to the left with a central angle of 20 ° 33' 48", a radius of 273.00 feet and a chord bearing N 32 ° 29' 23" E, 97.45 feet; 60. Thence northeasterly 112.95 feet along the arc of a circular curve to the right with a central angle of 05 ° 32' 26", a radius of 1168.00 feet and a chord bearing N 24° 58' 42" E, 112.90 feet; 61. Thence northeasterly 231.23 feet along the arc of a circular curve to the left with a central angle of 16° 01' 11", a radius of 827.00 feet and a chord bearing N 19° 44' 20" E, 230.47 feet; 62. Thence northeasterly 49.99 feet along the arc of a circular curve to the left with a central angle of 19° 05' 45", a radius of 150.00 feet and a chord bearing N 02° 10' 52" E, 49.76 feet; 63. Thence N 07° 22' 00" W, 68.66 feet; 64. Thence northwesterly 74.01 feet along the arc of a circular curve to the left with a central angle of 47 ° 06' 51", a radius of 90.00 feet and a chord bearing N 30° 55' 26" W, 71.94 feet; 65. Thence northwesterly 100.58 feet along the arc ora circular curve to the right with a central angle of 40° 34' 59", a radius of 142.00 feet and a chord bearing N 34° 11' 21" W, 98.49 feet; 66. Thence northwesterly 146.02 feet along the arc of a circular curve to the left w/th a central angle of 15° 22' 44", a radius of 544.00 feet and a chord bearing N 21 ° 35' 14" W, 145.58 feet; 67. Thence northwesterly 58.27 feet along the arc of a circular curve to the right with a central angle of 55 ° 38' 54", a radius of 60.00 feet and a chord bearing N 01 ° 27' 09" W, 56.01 feet; 68. Thence northeasterly 88.46 feet along the arc of a circular curve to the right with a central angle of 30° 54' 23", a radius of 164.00 feet and a chord bearing N 41 ° 49' 29" E, 87.40 feet; 69. Thence southeasterly 96.33 feet along the arc of a circular curve to the right with a central angle of 100 ° 21' 20", a radius of 55.00 feet and a chord bearing S 72 ° 32' 40" E, 84.48 feet; Page; 27 of' 06/25/2003 og: SZLVZR DRVZS PZTKIN COUNTY CO R 0.0e D 0.~0 70. Thence S 22° 22' 00" E, 121.56 feet; 71. Thence southeasterly 10.33 feet along the arc ora circular curve to the left with a central angle of 05 ° 55' 00", a radius of 100.00 feet and a chord bearing S 25 ° 19' 30" E, 10.32 feet; 72. Thence S 28° 17' 00" E, 191.89 feet; 73. Thence southeasterly 252.78 feet along the arc of a circular curve to the right with a central angle of 19° 52' 03", a radius of 729.00 feet and a chord bearing S 18° 20' 59" E, 251.52 feet; 74. Thence southwesterly 134.19 feet along the arc of a circular curve to the right with a central angle of 22° 57' 05", a radius of 335.00 feet and a chord bearing S 03 ° 03' 35" W, 133.30 feet; 75. Thence southeasterly 163.27 feet along the arc of a circular curve to the left with a central angle of 48° 13' 08", a radius of 194.00 feet and a chord bearing S 09° 34' 26" E, 158.49 feet; 76. Thence S 33° 41' 00" E, 48.95 feet; 77. Thence southeasterly 61.92 feet along the arc ora circular curve to the left with a central angle of 43° 15' 52", a radius of 82.00 feet and a chord bearing S 55° 18' 56" E, 60.46 feet; 78. Thence southeasterly 233.98 feet along the arc of a circular curve to the right with a central angle of 17° 17' 52", a radius of 775.00 feet and a chord bearing S 68° 17' 56" E, 233.09 feet; 79. Thence S 59° 39' 00" E, 178.69 feet; 80. Thence southeasterly 67.89 feet along the arc of a circular curve to the right with a central angle of 19° 27' 00", a radius of 200.00 feet and a chord bearing S 49° 55' 30" E, 67.57 feet; 81. Thence S40° 12'00"E, 193.11 feet; 82. Thence southeasterly 235.38 feet along the arc of a circular curve to the left with a central angle of 27° 14' 44", a radius of 495.00 feet and a chord bearing S 53° 49' 22" E, 233.17 feet; 83. Thence southeasterly I 14.42 feet along the arc of a circular curve to the right with a central angle of 30° 04' 18", a radius of 218.00 feet and a chord bearing S 52° 24' 35" E, 113.11 feet; 84. Thence southeasterly 135.96 feet along the arc of a circular curve to the left with a central Page: 28 of' 3t 06/25/2003 og: 021~ $ILVI~ DI~VZ$ PITKIN COUNTY O0 R o.ge o e.ee angle of 83 ° 45' 34", a radius of 93.00 feet and a chord bearing S 79 ° 15' 13" E, 124.17 feet; 85. Thence N 58° 52' 00" E, 109.81 feet; 86. Thence northeasterly 23.14 feet along the arc of a circular curve to the right with a central angle of 44° 12' 00", a radius of 30.00 feet and a chord bearing N 80° 58' 00" E, 22.57 feet; 87. Thence S 76° 56' 00" E, 123.52 feet; 88. Thence southeasterly 166.70 feet along the arc of a circular curve to the right with a central angle of 74° 02' 22", a radius of 129.00 feet and a chord bearing S 39° 54' 49" E, 155.34 feet; 89. Thence southeasterly 61.72 feet along the arc ora circular curve to the left with a central angle of 78 ° 35' 11", a radius of 45.00 feet and a chord bearing S 42° 11' 14" E, 57.00 feet; 90. Thence southeasterly 74.62 feet along the arc of a circular curve to the right with a central angle of 95° 01' 14", a radius of 45.00 feet and a chord bearing S 33° 58' 12" E, 66.37 feet; 91. Thence southwesterly 131.41 feet along the arc of a circular curve to the right with a central angle of 12° 13' 22", a radius of 616.00 feet and a chord bearing S 19° 39' 05" W, 131.16 feet; 92. Thence southeasterly 63.65 feet along the arc of a circular curve to the left with a central angle of 151 ° 56' 45", a radius of 24.00 feet and a chord bearing S 50° 12' 36" E, 46.57 feet; 93. Thence northeasterly 132.23 feet along the arc of a circular curve to the right with a central angle of 29° 08' 22", a radius of 260.00 feet and a chord bearing N 68 ° 23' 12" E, 130.81 feet; 94. Thence northeasterly 160.86 feet along the arc ora circular curve to the left with a central angle of 21 ° 50' 23", a radius of 422.00 feet and a chord bearing N 72° 02~ 12" E, 159.88 feet; 95. Thence N 61 ° 07' 00" E, 102.60 feet; 96. Thence southeasterly 67.06 feet along the arc of a circular curve to the right with a central angle of 153 ° 41' 00", a radius of 25.00 feet and a chord beating S 42° 02' 30" E, 48.69 feet; 97. Thence S 34° 48' 00" W, approximately 35.00 feet to a point of termination at the intersection with line 7-8, M. S. No. 6270, Rainstorm Lode, whence E 1/4 comer of Said Section 7 bears N 77° 08' 13" W, 1710.74 feet. Page: 29 oF 31 06/25/2003 09:02~ $ILVII~ DI~VI$ PITKIN COUNTY CO R 0.00 D e.00 EXHIBIT 'B' ADDENDUM TO CENTERLINE DESCRIPTION OF SMUGGLER MOUNTAIN ROAD C-E 1/16 SEC~ON 7 T. IO S.. R.8~ W., B.L.M. 1/4 CORNER SECTION 7 T. IO S., R.84 W.. 6TH P.M. ~I.L.M. MONUMENT P.O.B. END · ~%~ FEET 500 0 500 FEET It~ll Il IIII J v.E.c. No. 4o37.o2-o4 GRAPHIC SCALE JMK 5--20-03 SCALE: 1 INCH = 500 FEET Page: 30 o+' 31 06/25/2003 09: 021:1 DAVIS PITKIN COUNTY CO R 0.00 D 0.00 E~IBIT "i" Addendum to Centerline Description of Smuggler Mountain Road Description of Centerline for Additional Portion of Smuggler Mountain Road A portion of Smuggler Mountain Road situated in the SWl/4 of Section 8, Township 10 South, Range 84 West of the 6th Principal Meridian, County of Pitkin, State of Colorado, the centerline being described as follows: Beginning at a point on the centerline of said Smuggler Mountain Road whence the El/4 comer of Section 7 of said Township bears N 77° 08' 13" W, 1710.74 feet and whence a previously described point of tangency on the centerline of said Smuggler Mountain Road bears N 34° 48' 00" E, 35.00 feet; 1. Thence S 34° 48' 00" W, 41.24 feet along the centerline of an existing road; 2. Thence southwesterly 54.02 feet along the arc ora circular curve being concave to the southeast, having a radius of 201.00 feet, a central angle of 15° 24' 00" and a chord beating S 27° 06' 00" W, 53.86 feet; 3.Thence S 19° 24' 00" W, 111.50 feet; 4. Thence southerly 150.30 feet along the arc of a circular curve being concave to the east, having a radius of 548.00 feet, a central angle of 15° 42' 54" and a chord beating S 11° 32' 33" W, 149.83 feet; 5. Thence southerly 26.36 feet along the arc of a circular curve being concave to the east, having a radius of 40.00 feet, a central angle of 37° 45' 30" and a chord bearing S 15° 11' 39" E, 25.89 feet; 6. Thence S 34° 04' 24" E, 42.95 feet; 7. Thence southeasterly 31.94 feet along the arc of a circular curve being concave to the west, having a radius of 40.00 feet, a central angle of 45° 45' 12" and a chord bearing S 11 o 11' 48" E, 31.10 feet; 8. Thence S 11° 40' 49" W, 29.51 feet; 9. Thence southerly 78.55 feet along the arc ora circular curve being concave to the northwest, having a radius of 160.40 feet, a central angle of 28° 03' 28" and a chord beating S 25° 42' 33" W, 77.76 feet; 10. Thence S 39° 44' 17" W, 24.06 feet; 11. Thence southwesterly 111.34 feet along the arc of a circular curve being concave to the northeast, having a radius of 39.86 feet, a 06/~25/2003 09:02R S~'LVIR DI:IVI$ P~T~IN COUNTY CO R e.ee o e.ee central ~gle of 160° 02' 58" ~d a chord being S 40° 17' i2" E, 78.51 feet; 12. Thence N 59° 41' 18" E, 49.34 feet; 13. Thence no,easterly 66.33 feet along the mc of a circulm c~e being concave to the sou~east, having a radius of 600.00 feet, a central ~gle of 06° 20' 03" ~d a chord being N 62° 51' 20" E, 66.30 feet; 14. Thence N 66° 01' 22" E, 25.51 feet; 15. Thence no~heastefly 84.39 feet along ~e mc ofa circulm c~e being concave to ~e no~hwest, having a radius of 70.00 feet, a cen~al angle of 69° 04' 29" ~d a chord bemng N 31 o 29' 07" E, 79.37 feet; 16. Thence N 03° 03' 07" W, 30.60 feet; 17. Thence no~herly 95.20 feet along ~e ~c ofa circul~ c~e being concave to the east, having a radius of 125.00 feet, a c~tral ~gle of43~ 38' 09" ~d a chord bemng N 18° 45' 57" E, 92.91 feet; 18. Thence N 40° 35' 02" E, 63.30 feet; 19. Thence no~heasterly 142.16 feet along the ~c ofa circulm c~e being concave to ~e sou~east, having a ra~us of 250.00 feet, a cen~al angle of 32° 34' 55" ~d a chord bearing N 56° 52' 29" E, 140.26 feet; 20. Thence N 73° 09' 56" E, 34.23 feet; 21. Thence easterly 126.83 feet along ~e arc of a circular c~e being concave to the south, having a radius of 229.37 feet, a central ~gle of 31~ 40' 48" ~d a chord bearing N 89° 00' 20" E, 125.22 feet; 22. Thence S 75~ 09' 16" E, 84.05 feet; 23. Thence easterly 98.14 feet along the mc ora circul~ cu~e being concave to the southwest, having a radius of 175.00 feet, a cen~al ~gle of 32° 07' 51" and a chord bering S 59° 05' 20" E, 96.86 feet; 24. Thence S 43° 01' 25" E, 82.91 feet more or less to a point of te~ination on line 3-4 of the Protection Lode, Mineral Su~ey No. 10050 in the Romng Fork Mining Dis~ct of said County. This Addendm to ~e centerline description of Smuggler Mo~tain Road shall be len~hened or sho~ened to begin on line 7-8 of the Rainsto~ Lode, Mineral Su~ey No. 6270 in said Mining District.