Loading...
HomeMy WebLinkAboutbocc.ord.026.2002 Page: e6/25/2eo3 12:2tp SILVIR DR¥IS P[TKIN COUNTY CO AN ORDINANCE OF THE COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, APPROVING THE ACCEPTANCE OF A TRAIL EASEMENT FROM OWL CREEK RANCH ORDINANCE # 02-96 RECITALS The Pitkin County Open Space and Trails Board of Trustees is charged with the responsibility of acquiring trail easements and properties within Pitkin County, and; In 1999, the Board of County Commissioners designated the Owl Creek Trail to Open Space and Trails through Resolution 99-112 and; A portion of the Owl Creek Trail currently passes through a property known as the Owl Creek Ranch Open Space and Lots 3 and 2 of the Owl Creek Ranch, and; The Owl Creek parties affected by this bike path wish to grant a Public Trail Easement Agreement conveying to Pitkin County a perpetual, non-exclusive trail easement, with certain restrictions with respect to the trail easement, and; The Open Space and Trails Board recommends acceptance of the Public Trail Easement NOW THEREFORE, BE IT ORDAINED, by the Board of County Commissioners of Pitkin County, Colorado as follows: The Board approves the acceptance of a trail easement for the Owl Creek Trail from the Owl Creek Ranch parties. The Chair is authorized to execute the Public Trail Easement Agreement attached hereto as Exhibit A. 3. This Trail Easement is designated as an Open Space and Trails easement per Home Rule Charter 13.1.3 INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING ON THE 25th DAY OF SEPTEMBER, 2002. Page: 2 o¢ 18 ~6/25/20e3 12:21P SILVIR DAVIS PITKIN COUNTY CO R ~.~ D 0.0~ NOTICE OF PUBLIC HEARING PUBLISHED IN THE WEEKEND EDITION OF THE ASPEN TIMES ON THE 2$th DAY OF SEPTEMBER, 2002. APPROVED AT SECOND READING AND PUBLIC HEARING ON THE 9th DAY OF OCTOBER, 2002. PUBLISHED AFTER ADOPTION IN THE WEEKEND EDITION OF THE ASPEN TIMES ON THE 19th DAY OF OCTOBER, 2002 ATTEST: Jeanette Jones DetPuty Clerk BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO Pa~l ti K0~a~-Cla~r,~~son Date: APPROVED AS TO FORM: ~ale~Vill, Director Open Space and Trails Program ila'ry Smith ounty Manager $[LV[R BRVI$ PITKIN COUNTY CO R 484509 Page: 3 of' ~, 06/25/2083 12:21P PUBLIC TRAIL EASEMENT AGREEMENT THIS PUBLIC TRAIL EASEMENT AGREEMENT (hereinafter the "Agreement") is made and entered into as of this :5)/.;`4 day of ,/;/~. ' ,,, ~2',b,y and among the Board of County Commissioners of Pitkin Countyl ~olj6~ado (the County' ), the Owl Creek Ranch Homeowners' Association, a Colorado corporation ("Owl Creek Ranch"), whose address is P.O. Box 3159, Aspen, Colorado 81612, Susan S. Marx ("Marx"), whose address is P.O. Box 7915, Aspen, CO 81612, and James A. Gordon as Trustee of the James Gordon Trust u/a/d January 2 I, 1981 ("Gordon"), whose address is 900 North Michigan Avenue, 14th Floor, Chicago, IL 60611. Owl Creek Ranch, Marx and Gordon may be collectively referred to herein as the "Owl Creek Ranch Parties". RECITALS: WHEREAS, Owl Creek Ranch is the owner of certain real property in Pitkin County, Colorado commonly known as the Owl Creek Ranch Open Space (the "Open Space"), the legal description which is described in Exhibit "A" attached hereto and incorporated herein by reference; and WItEREAS, a portion of a public trail known as the Owl Creek Trail (the "Bike Path") currently passes through and across the Open Space; and WHEREAS, the Bike Path encroaches onto Lots 2 and 3 of the Owl Creek Ranch Subdivision. Lot 2 is owned by Marx. Lot 3 is owned by Gordon. The legal descriptions for Lot 2 and Lot 3 are described in Exhibits "B" and "C", respectively, which are attached hereto and incorporated herein by reference; and WHEREAS, the County has requested that The Owl Creek Ranch Parties grant to and for the benefit of the County. and the general public a non-exclusive access easement for the Bike Path as it crosses over each of their respective properties (collectively referred to herein as the "Properties"); and WHEREAS, the Owl Creek Ranch Parties desire by this instrument: (a) tO establish and to grant to the County a perpetual, non-exclusive trail easement in connection with the Bike Path and (b) to establish certain restrictions with respect to said trail easement; and WHEREAS, the County desires by this instrument: (a) to accept said trail easement subject to the restrictions set fbrth herein; and (b) to assume certain responsibilities in connection therewith. AGREEMENT NOW THEREFORE. ~br and in consideration of the mutual covenants and agreements contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: PUBLIC TRAIL EASEMENT AGREEMENT Owl Creek Ranch, Marx, Gordon Pitkin County Page 2 SlLVIR D~IVI$ PITKIN COUNTY CO R 484509 1=age: 4 of 1.8 06/25/2003 1.2:21.1= D 1. Grant and Acceptance of Public Trail Easement. The Owl Creek Ranch Parties hereby grant to the County, for the use and benefit of the general public, a perpetual, non-exclusive 20 foot easement and fight of way 10 feet on either side of the center line of the as-built location of the Owl Creek Trail located on the Properties and the as-built fence thereupon which is legally described in Exhibit D attached hereto and incorporated by reference (hereinafter referred to as the "Public Trail Easement"). The location map attached hereto as Exhibit E and incorporated herein by reference visually depicts the centerline location tbr the Public Trail Easement described in Exhibit D. The Public Trail Easement shall be subject to any and all road, driveway, utility, water, sewer, telephone, cable, electric, gas, secondary irrigation systems, ditches, and laterals and similar easements or improvements in place or to be constructed in the future that will cross or parallel the Public Trail Easement granted herein, provided that such similar easements or improvements shall not unreasonably and adversely affect the purposes of the Public Trail Easement. The County hereby accepts the Public Trail Easement in "as is" condition, subject to the restrictions herein contained, and subject to all patent or latent defects or problems of any kind or nature. 2. Terms and Conditions. The rights of the County to use the Public Trail Easement shall be subject to the following terms and conditions: A. Required Improvements. The Bike Path intersects with several roads and driveways in the Owl Creek Ranch Subdivision. As soon as is reasonably practicable after the signing of this Agreement, but no later than June 30, 2002, the County shall, at its sole expense, install signage acceptable to and approved by the Owl Creek Ranch Parties, which approval may be withheld in their sole and absolute discretion, within the Public Trail Easement at each such intersection. The signage shall be visible to persons using the Bike Path and shall signal all Bike Path users to yield to vehicles, pedestrians, or equestrians crossing the Bike Path at such intersections. The County shall also erect signs, at its sole expense, at each end of the Public Trail Easement identifying that the Public Trail Easement is located upon private lands and setting forth restrictions upon the use of the Public Trail Easement, including without limitation, the restriction of entry onto adjacent private property from the Public Trail Easement. B. Prohibited Improvements. No temporary or permanent improvements or structures not currently in place, other than as set forth in this agreement, shall be constructed by Pitkin County on or in the Public Trail Easement without the prior written approval of the Owl Creek Ranch Parties, which approval may be withheld in their sole and absolute discretion. Improvements which are specifically prohibited include, but are not limited to: signs (other than as specified in ¶ 2A above), lighting, fences and any type of radio, citizen's band, short wave, television or other transmitting or receiving antenna or satellite dish. C. Trail Use Restrictions. 1. The Public Trail Easement shall be used exclusivelv for non-motorized PUBLIC TRAIL EASEMENT AGREEMENT Owl Creek Ranch, Marx, Gordon Pitkin County Page 3 Page: 5 of 18 06/25/2e03 12:21P S[LVIR DRVIS pI'TK[N COUNTY CO R e.ee o B.ee travel by the public and for no other uses or activities whatsoever. No motorized vehicles of any kind shall ever be permitted on the Public Trail Easement except maintenance, repair, utility or emergency vehicles when necessary or as otherwise authorized herein; 2. No camping, fires, firearms, noisy or otherwise offensive behavior, trespass onto adjacent private lands, or commercial uses shall ever be permitted to be conducted on or from the Public Trail Easement; 3. The Public Trail Easement is hereby declared to be part of the Pitkin County Trail System, and the use of the Public Trail Easement shall be governed by the rules and regulations and other provisions of Chapter 12.04 of the Pitkin County Code entitled "General Regulations", as said Chapter ! 2.04 may be amended or re-codified from time to time, provided that the provisions of this Agreement shall control whenever they are more restrictive than the provisions of Chapter 12.04. D. Maintenance and Repair. The Owl Creek Ranch Parties shall have no maintenance or repair responsibility for the Public Trail Easement. The County hereby assumes complete responsibility for and agrees to care for and maintain the Public Trail Easement and the ~nce located therein in a clean and attractive condition and in a good and safe order and repair, at its sole cost and expense, and shall ensure that the Bike Path located within the Public Trail Easement is safe for public use. The County's maintenance responsibilities shall include, but not be limited to, trash and debris removal, noxious weed removal, keeping the Bike Path clear of rocks, vegetation and other obstructions, grooming as needed, controlling erosion and water runoff, and general care and maintenance. The County shall control and limit the deposit of sediment or debris into ground water or ditches by methods, procedures and protections commonly utilized in Pitkin County during road construction, utility placement and use. The natural topography and vegetation of the Public Trail Easement shall never be altered or disturbed in any way. The County may contract with a responsible third party to carry out these care and maintenance requirements, which contract will not change or alter any of these requirements or relieve the County of any of its responsibilities under this Agreement. E. Failure to Maintain or Repair. If the County fails to maintain or repair the Public Trail Easement or any of the improvements as required by this Agreement, the Owl Creek Ranch Parties, or any one of them, may (but shall not be obligated to) notify the County in writing, noting with specificity the maintenance or repair failures and, if not remedied within 30 days (or such longer period as is reasonably necessary due to season and/or weather conditions) after such nOtice to the reasonable satisfaction of the Owl Creek Ranch Parties, the Owl Creek Ranch Parties, or any one of them, may perform such maintenance or repairs and the County shall be responsible to reimburse the Owl Creek Ranch Parties, or any such individual party which has incurred an expenditure as set forth herein, for the actual costs thereof within thirty/.30) days after receiving an invoice for such work. This subparagraph shall not alter in any way the County's responsibility for PUBLIC TRAIL EASEMENT AGREEMENT Owl Creek Ranch, Marx, Gordon Pitkin County Page 4 I I[I Ill Illll Illll Ill l Illll Illl II Ill lll Illl 06/25/2003 ~2:21P $ILVI~ D~VI$ PITKIN COUNTY CO R 0.00 D 0.00 maintaining the Public Trail Easement in a safe manner, nor shall it obligate The Owl Creek Ranch Parties to inspect or cause any repairs to be made to the Public Trail Easement or other improvements, which inspection and repairs are the sole obligation of the County. F. Enforcement. The County agrees to enforce diligently ali covenants and use restrictions set forth herein and all other applicable rules and regulations as may be contained in Chapter 12.04 of the Pitkin County Code, and to prosecute violations thereof. In addition, the Owl Creek Parties shall have the right (but never the obligation) at any time to prosecute any action that may be necessary or appropriate to enforce said covenants and use restrictions and Chapter 12.04 rules and regulations by injunction and/or damages action or otherwise, which action may join the County as a defendant if it has failed to perform its covenants or its enforcement obligations hereunder. The prevailing party in any such private enforcement action shall be entitled to an award of its reasonable costs and attorney's fees incurred in connection therewith. 3. No Additional Easement. Nothing herein shall be construed or deemed to grant any other easement across the Properties to the public or otherwise grant any right of access to the public on, over, across or to the Properties. 4. Indemnification. The parties expressly acknowledge that the Public Trail Easement is granted for a "recreational purpose" under C.R.S. § 33-41-101, et. seq., and that the Owl Creek Parties are entitled to the benefits, protections and limitations on liability afforded by Colorado law governing recreational easements, including without limitation said § 33-41-101, et. seq. By granting the Public Trail Easement, the Owl Creek Parties shall have no obligation to repair, clear or otherwise maintain the area within the Public Trail Easement, or to insure or indermfify the County 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 Easement fbr public non-motorized travel or otherwise, or due to the condition of the Trail. By entering into this Agreement, the County hereby agrees to defend and hold harmless the Owl Creek Ranch Parties, to the full extent allowed under Colorado law, from and against any and all claims, demands, causes of action, damages, losses, liabilities, costs and expenses of any kind or nature (including those involving death, personal injury or property damage and including reasonable attorneys' fees) arising ti'om or incurred in any way in connection with the use or relocation of the Public Trail Easement by anyone, including members of the general public, excepting any such claims or losses which may arise directly from the wilful and grossly negligent acts of the Owl Creek Parties, their agents or employees, or other claims as described in C.R.S. § 33-41-104(1). The County further agrees to add the Owl Creek Ranch Parties as additional named insureds on its comprehensive general liability insurance policy, which insurance shall be maintained by the County to provide protection against liability from claims arising out of the use of the Public Trail Easement. Such insurance shall be carried in amounts not less than the liability limits specified in C.R.S. § 24- i0-114(1), as it may be amended from time to time, and shall provide the Owl Creek Ranch Parties PUBLIC TRAIL F. ASEMENT AGREEMENT Owl Creek Ranch, Marx, Gordon Pitkin County Page 5 SILVI~ DRVI$ PITKIN COUNTY CO R ~.~g 484509 Page: ? of 18 e6/25/2eo3 12:2tp D e.ee with thirty (30) days advance written notice prior to cancellation or termination. The County shall, upon written request from the Owl Creek Ranch Parties, provide a Certificate of Insurance as verification of compliance with these requirements. 5. Notices. Notices and other communications which may be given or are required to be given hereunder in writing and shall be deemed given when delivered in person or deposited in the U.S. Mail with sufficient postage affixed, certified and return receipt requested and addressed to each party at the addresses below: Owl Creek Ranch: c/o Mr. C.A. Vidal Real Estate Affiliates P.O. Box 2914 Basalt, Colorado 81621 Copy to: Rhonda J. Bazit, Esq. Boyd & Bazil, LLP 632 E. Hopkins Ave. Aspen, Colorado 81611 (970) 925-4668 (facsimile) The Counw: John Ely, Esq. Pitkin County Attorney's Office 530 E. Main Street Aspen, CO 81611 Marx: Susan S. Marx P.O. Box 7915 Aspen, CO 81612 PUBLIC TRAIL EASEMENT AGREEMENT Owl Creek Ranch, Marx, Gordon Pitkin County Page 6 Gordon: page: 8 of' 18 06/25/2eg3 12:2'tP DAVIS pITKIN cOUNTY CO R ~.~0 D ~.~ James A. Gordon 900 North Michigan Avenue 14th Floor Chicago, IL 60611 6. Governing Law; Venue; Attorneys' Fees. This Agreement and the rights and obligations of the parties hereunder shall be governed by and construed in accordance with the laws of the State of Colorado. Venue for all actions arising under this Agreement shall be Pitkin County, Colorado. In the event legal remedies must be pursued to resolve any dispute or conflict regarding the interpretation or enforcement of the terms of this Agreement or the rights and obligations of the Parties, the substantially prevailing party shall recover its reasonable costs incurred in pursuing such remedies, including expert wimess fees and reasonable attorneys' fees. 7. No Waiver. The failure of any party to this Agreement to insist on the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as thereafter waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. 8. Paragra0h Headines. The titles to the paragraphs of this agreement are solely for the convenience of the parties and shall not be used to explain, modify, simplify, or aid in the interpretation of the provisions of this agreement. 9. Modification of Agreement. Any modification of this agreement or additional obligation assumed by either party in connection with this agreement shall be binding only if evidenced in writing signed by each party or an authorized representative of each party. I0. Bindin~ Al~reement - Recording. This Agreement is binding upon and shall inure to the benefit of the parties hereto, their heirs, successors and assigns including all future owners of the underlying real property traversed by the Public Trail Easement, or any part thereof, and any sale or transfer of any of the subject Properties shall be subject to this Agreement. The benefits and burdens hereof shall also run with the title to the underlying real properties and all parts thereof traversed by the Public Trail Easement. This Agreement shall be recorded with the Pitkin County Clerk and Recorder, and shall impose covenants running with the land upon each of the Subject Properties. Deeds to subsequent owners shall provide notice of this Agreement and the obligations contained herein. 11. Entire Agreement. This Agreement and all other agreements executed in connection with this Agreement constitute the entire agreement between the parties relating to the subject matter PUBLIC TILML EASEMENT AGREEMENT Owl Creek Ranch, Marx, Gordon Pitkin County Page 7 06/25/2003 12:21P hereof and thereof. All prior agreements, whether written or oral, among themselves or their agents and representatives relating to the subject hereof are merged into this Agreement. This Agreement may be amended only by an instrument in writing signed by the affected Parties. 12. Authorization of Signatures. The parties acknowledge and represent to each other that all procedures necessary to validly contract and execute this Agreement have been performed and that the persons signing for each party have been duly authorized to do so. 13. Counterparts. This Agreement may be signed using counterpart signature pages, with the same tbrce and effect as if all parties signed on the same signature page. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. OWL CREEK RANCH HOMEOWNERS' ASSOCIATION, a Colorado corporation STATE OF COLORADO ) ) SS. County of Pitkin ) George Shifrin, Presiden~t Acknowledaed betbre me by, President of the Owl Creek Ranch Homeowner's Association, this .~.,~t~ day of qt/4,r~L.~~ , 20~ Witness my hand and official seal. My commission expires: __ PUBLIC TRAIL EASEMENT AGREEMENT Owl Creek Ranch, Marx, Gordon Pitkin County Page 8 ACCEPTED BY PITK1N COUNTY: 'EST: je'a ette Jones Deputy Clerk and Recorder ,, STATE OF COLORADO COUNTY OF PITKIN Page: 10 of '18 0612512003 12:21P $ILVIA DAVIS PITKIN COUNTY CO R 0.00 D 0,00 BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO By: ' ::',:' //'~-~L'/, :~ Ac~lqpowled~ed hefbre me by, The County this .:,,7/ ~ay of /,~/~/5~ ),/ , ~c.c3.300~, by~4~~ir of the Board of CounW Commissioners ofPitkin C~nW, Colorado, and attested to by Jeane~e Jones as DepuW Clerk and Recorder of Pitkin CounW, Color~ Wimess my hand and official seal. ff~ ND My commission expires: Z~' - d:'/- 2 (: C) &--' . ,~ Nota~ ~fiblic ' ' - ~& APPROVED AS TO FORM: ~County Attorney MANAGER APPROVAL: cHioll:nTy S~nt~'ger RECOMMENDED FOR APPROVAL: D~ale L. Will, u Director Open Space and Trails APPROVED AS TO CONTENT: Hawk Greenway ~.- Open Space and Trails Board/o~Trustees PUBLIC TRAIL EASEMENT AGREEMENT Owl Creek Ranch, Marx, Gordon Pitkin County Page 9 o6/25/2ee3 12: SILVI~I DfiVIS PITKIN COUNTY CO R ~.0~ D 0.~ STATE OF ( 0/0 h. ~ 5( '-' ) ) SS. County of fi ~.," ~',d ) Acknowledged before me by Susan Marx this ~/\ dayof ~my hand and official sgal. ;."~ My'"~..~ntSSlOn expires: JAMES GO,ON TRUST U/MD JA~ARY 2I, 1981 By: J ~~esAf~r ~JTmstee STATEOF ) ( // don, ) SS. Coun~ of ) ,200l.~ Acknowledged before me by James A. Gordon as Trustee of the James Gordon Trust u/a/d January21. 198l this l~~dayof ~f)l:I ,200/.o) Wimess my hand and official seal. My commission expires: F:'Diana GodwimOwlCreekL2BikePathEsmt.3.wpd Ant, ! Noisy PubliC Stale of IIII1~ uv ~'.ommla~on Exprm ,, // EXHIBIT A TO PUBLIC TRAIL EASEMENT AGREEMENT All those certain tracts or parcels of land designated as "Open Space Parcel", inclusive of the "Ranch Building Site", all of that tract or parcel of land designated as "Ranch Road", and all of that tract or parcel of land designated as "Construction License", on the Final Plat of Owl Creek Ranch, a Planned Unit Development, recorded March 16, 1987, in Plat Book 19, at Page 45 of the Records of the County Clerk and Recorder of Pitkin County, Colorado, SUBJECT, however, to all of the terms, conditions, easements, restrictions, together with all rights and obligations therewith as described in the Protective Covenants for Owl Creek Ranch, dated March 16, 1987, recorded in Plat book 53 I, Page 387 of the Records of the Clerk and Recorder of Pitkin County, Colorado, and facilities and uses constructed thereon. PITKIN COUNTY, COLORADO. Page: 12 mi' 18 0612512~03 12:21P SILVIR ORVIS PITKIN COUNTY CO R ~.~ D 0.$~ 2BPExA. 1.wpd EXHIBIT B TO PUBLIC TRAIL EASEMENT AGREEMENT Lot 2, according to the Final Plat of Owl Creek Ranch, a Planned Unit Development recorded March 16, 1987, in Plat Book 19 at Page 45 as Reception No. 286842 of the records of the Clerk and Recorder of Pitkin County, P1TKIN COUNTY, COLORADO. Pe. ge: 13 of' 18 06/25/2e03 12:21P 5ILVIR D~Vl5 PITKIN COUNTY CO R e.~ O ~.~e 2BPExB. l.wpd EXHIBIT C TO PUBLIC TRAIL EASEMENT AGREEMENT Lot 3, according to the Final Plat of Owl Creek Ranch, a Planned Unit Development recorded March 16, 1987, in Plat Book 19 at Page 45 as Reception No. 286842 of the records of the Clerk and Recorder of Pitkin County, PITKIN COUNTY, COLORADO. p,,ge: ~.4 of t8 e6/25/2ee3 t2:2tP SILVIA DAVIS pITKIN cOUNTY CO R e.oe 0 e.ee 2BPExC. 1.wpd /5/ Page: 15 of' 06/25/2~e3 12:21.9 SILVIP~ o~mvIS PITKIN COUNTY CO R ~.~e O e.e~ EXHIBIT D TO PUBLIC TRAIL EASEMENT AGREEMENT A parcel of land located in Sections 3, 4 and 5, Township 10 South, Range 85 West, and also located in Section 34, Township 9 South, Range 85 West of the Sixth Principal Meridian, said parcel being a 20 foot wide easement extending ten feet each side of the following described centerline: Beginning at a point on the north line of an Open Space Parcel within the Owl Creek Ranch Subdivision whence the Southeast corner of said Section 34 bears S 74°41'19" E a distance of 4890.94 feet, said Section corner being a 2-1/2" brass cap found in place: Thence along the arc of a curve to the LEFT having a radius of 416.58 feet, and a central angle of 38'50'12" for a distance along the curve of 282.37 feet; the chord of said curve bears S 27'29'24" W a distance of 277.00 feet; thence S 08'04'18" W a distance of 192.89 feet; thence along the arc of a curve to the LEFT having a radius of 280.93 feet, and a central angle of 25'40'00" for a distance along the curve of 125.85 feet; the chord of said curve bears S 23'03'41" W a distance of 124.80 feet; thence S 34'38'15" W a distance of 87.76 feet; thence S 27'38'19" W a distance of 351.28 feet; thence along the arc of a curve to the RIGHT having a radius of 359.22 feet, and a central angle of 30'17'35" for a distance along the curve of 189.92 feet; the chord of said curve bears S 28'36'20" W a distance of 187.72 feet; thence S 12'18'29" W a distance of 45.91 feet; thence along the arc of a curve to the RIGHT having a radius of 100.00 feet, and a central angle of 57'12'17" for a distance along the curve of 99.84 feet; the chord of said curve bears S 40'54'38" W a distance of 95.75 feet; thence along the arc of a curve to the LEFT having a radius of 126.03 feet, and a central angle of 41'50'12" for a distance along the curve of 92.03 feet; the chord of said curve bears S 48'35'40" W a distance of 90.00 feet; thence along the arc of a curve to the RIGHT having a radius of 130.00 feet, and a central angle of 50'24'58" for a distance along the curve of 114.39 feet; the chord of said curve bears S 52'53'03" W a distance of 110.74 feet; thence S 78'05'32" W a distance of 344.67 feet; thence S 81'45'51" W a distance of 346.73 feet; thence along the arc of a curve to the LEFT having a radius of 148.00 feet, and a central angle of 46'25'14" for a distance along the curve of 119.91 feet; the chord cf said curve bears S 58'33'13" W a distance of 116.66 feet; thence S 35'20'36" W a distance of 192.36 feet; thence S 17'39'24" W a distance of 134.48 feet; thence along the arc of a curve to the LEFT having a radius of 181.98 feet, and a central angle of 29'54'29" for a distance along the curve of 94.99 feet; the chord of said curve bears S 02'42'10" W a distance of 93.92 feet; thence S 12'15'05" E a distance of 85.73 feet; thence along the arc of a curve to zhe RIGHT having a radius of 96.76 feet, and a central angle of 76'36'00" for a distance along the curve of 129.36 feet; the chord of said ~urve bears S 26'02'56" W a distance of 119.94 feet; 5hence S 64'20'56" W a distance of 199.14 feet; FgDiana Godwin\OwlCreekL20CRanchBikePth.lgl.doc Page i of 3 /~ Page: 16 of 18 e6/25/2003 12:2tP ~hence S 52'44'59" W a distance of 226.76 feet; thence along the arc of a curve to the LEFT having a radius of 84.90 feet, and a sentrai angle of 81'04'16" for a distance along the curve of 120.12 feet; the chord of said curve bears S 12'12'51" W a distance of 110.35 feet; thence along the arc of a curve to the RIGHT having a radius of 120.00 feet, and a central angle of 35'11'36" for a distance along the curve of 73.71 feet; the chord of said curve bears S 10'43'29" E a distance of 72.56 feet; thence along the arc of a curve to the RIGHT having a radius of 352.07 feet, and a central angle of 38'53'23" for a distance along the curve of 238.97 feet; the chord of said curve bears S 26'19'01" W a distance of 234.41 feet; thence S 45'45'42" W a distance of 91.46 feet; thence along the arc of a curve to the RIGHT having a radius of 328.16 feet, and a central angle of 24'07'05" for a distance along the curve of 138.14 feet; the chord of said curve bears S 57'49'14" W a distance of 137.12 feet; thence S 69'52'47" W a distance of 289.21 feet; thence along the arc of a curve to the LEFT having a radius of 340.00 feet, and a central angle of 41'14'35" for a distance along the curve of 244.74 feet; the chord of said curve bears S 49'30'04" W a distance of 239.49 feet; thence S 28'52'47" W a distance of 386.19 feet; thence along the arc of a curve to the RIGHT haviKg a radius of 123.00 feet, and a central angle of 48'54'28" for a distance along the curve of 104.99 feet; the chord of said curve bears S 53'20'01" W a distance of 101.83 feet; thence along the are of a curve to the LEFT having a radius of 126.44 feet, and a central angle of 64'32'23" for a distance along the curve of 142.43 feet; the chord of said curve bears S 45'31'04" W a distance of 135.02 feet; thence S 13'14'52" W a distance of 223.91 feet; thence along the arc of a curve to the RIGHT having a radius of 163.20 feet, and a central angle of 75'26'28" for a distance along the curve of 214.88 feet; the chord of said curve bears S 50'58'06" W a distance of 199.69 feet; thence S 88'41'21" W a distance of 212.18 feet; thence N 82 58'33" W a distance of 47.12 feet; thence S 89 56'21" W a distance of 192.33 feet; thence £ 39 47'37" W a distance of 671.43 feet; thence N 89 21'15" W a distance of 213.48 feet; thence N 89 56'22" W a distance of 840.28 feet; thence S 88 42'48" W a distance of 234.58 feet; thence S 66 56'34" W a distance of 16.17 feet; thence N 89'43'56" W a distance of 777.22 feet; thence N 81'58'53" W a distance of 75.93 feet; thence N 89'50'08" W a distance of 505.61 feet; thence S 87'13'20" W a distance of 49.33 feet; ~hence N 89'35'40" W a distance of 326.44 feet; thence S 97'05'35" W a distance of 99.67 feet; thence along the arc of a curve to the RIGHT having a radius of 100.00 feet, and a central angle of 43'53'04" for a distance along the curve of 76.59 feet; the chord of said curve bears N 70'57'53" W a distance of 74.73 fee~; thence along ~he arc of a curve to the LEFT having a radius of 61.52 feet, and a central angle of 36'46'02" for a distance along the curve of 39.48 feet; the chord of said curve bears N 67'24'22" W a distance of 38.81 feet; thence N 85'47'£2" W a distance of 77.79 feet; thence N 80'1!'56" ~ a distance of 71.48 feet~ thence S 95'10'47" N a distance of 63.55 fee~; [::'Diana GodwimOwlC:eek' 2OCRanchBikePth.lgl.doc Page 2 of 3 06/25/20~3 12:21P $ILVIR DRVI5 PITKIN COUNTY CO uhence along uhe arc of a curve to the RIGHT having a radius of 88.00 feet, and a central angle of 23'53'53" for a distance along the curve of 36.70 feet; the chord of said curve bears N 82'52'17" W a distance of 36.44 feet; thence along the arc of a curve to ~he LEFT having i radius of 88.21 feet, and a central angle of 47'55'41" for a distance along the curve of 73.79 feet; the chord of said curve bears S 85'06'49" W a distance of 71.66 feet; thence S 61'08'58" W a distance of 45.15 feet; thence along the arc of a curve to the RIGHT having a radius of 40.00 feet, and a cenural angle of 45'23'32" for a distance along the curve of 31.69 feet; the chord of said curve bears S 83'50'44" W a distance of 30.87 feet; thence along the arc of a curve to the LEFT having a radius of 102.70 feet, and a central angle of 35'51'56" for a distance along the curve of 64.28 feet; the chord of said curve bears S 88'36'32" W a distance of 63.24 feet; thence S 70'40'34" W a distance of 19.24 feet; thence along the arc of a curve to the RIGHT having a radius of 228.84 feet, and a central angle of 19'18'50" for a distance along the curve of 77.14 feet; the chord of said curve bears S 80'20'00" W a distance of 76.77 fee~; thence S 89'59'25" W a distance of 308.24 feet; thence N 86'54'50" W a distance of 81.37 feet; thence S 89'46'11" W a distance of 268.62 feet; thence along the arc of a curve to the LEFT having a radius of 5.00 feet, and a central angle of 89'17'49" for a distance along the curve of 7.79 feet; the chord of said curve bears S 45'32'18" W a distance of 7.03 feet; thence S 00'53'24" W a distance of 15.37 feet; thence S 12'41'19" W a distance of 30.S2 feet; ~hence along the arc of a curve to the RIGHT having a radius of 8.11 feet, and a central angle of 75'24'04" for a distance along the curve of 10.67 feet; the chord of said curve bears S 50'23'20" W a distance of 9.91 feet; thence S 88'05'22" W a distance of 44.76 feet; thence along the arc of a curve to the LEFT having a radius of 211.89 feet, and a cennra! angle of 61'55'59" for a distance along the curve of 229.04 feet; the chord of said curve bears S 57'07'23" W a distance of 218.05 feet; thence S 26'09'23" W a distance of 142.96 feet; thence S 28'21'09" W a distance of 157.40 feet to a point whence ~he Northeast corner of said Section 5 bears N 48040'38" E a distance of 4463.36 feet, said section monument being a 2-1/2" brass cap found and in place, said centerline being 16964.14 feet (3.21 miles) in length. F. Diana GodwimCwtCreek\2OCRanchBikePth.igl.doc Page3 of 3 /7 $ILVI~ DAVIS PITKIN COUNTY CO R PUBLIC TRAIL EASEMENT AGREEMENT THIS PUBLIC TRAIL E,&SEMENT AGREEMENT (hereinafter the "A~-,,~-t"x ;~ ,~o,~,~ ~d ente~d ,nto as of th,s ~day of /}Ja ~, ~ by and among the Bo~d of ~o~w uommissioners of Pitkin Co,w, Colprado (the Co~'), the Owl Creek R~ch Homeowners' Association, a Colorado co~oration ("Owl Creek Ranch"), whose ad,ess is P.O. Box 3159, Aspen, Colorado 81612, Sus~ S. M~ ("M~"), whose ad,ess is P.O. Box 7915, Aspen, CO 81612, ~d James A. Gordon ~ T~stee of the James Gordon T~st W~d Janu~ 21, 1981 ("Gordon"), whose ad&ess is 900 North Michig~ Avenue, 14~ Floor, Chicago, ~ 6061 I. Owl Creek R~ch, M~ ~d Gordon may be collectively refe~ed to herein as the "Owl Creek R~eh P~es". RECITALS: WHEREAS, Owl Creek Ranch is the owner of certain real property in Pitkin County, Colorado commonly known as the Owl Creek Ranch Open Space (the "Open Space"), the legal description which is described in Exhibit "A" attached hereto and incorporated herein by reference; and WHEREAS, a portion of a public trail known as the Owl Creek Trail (the "Bike Path") currently passes through and across the Open Space; and WHEREAS, the Bike Path encroaches onto Lots 2 and 3 of the Owl Creek Ranch Subdivision. Lot 2 is owned by Marx. Lot 3 is owned by Gordon. The legal descriptions for Lot 2 and Lot 3 are described in Exhibits "B" and "C", respectively, which are attached hereto and incorporated herein by reference; and WHEREAS, the County has requested that The Owl Creek Ranch Parties grant to and for the benefit of the County and the general public a non-exclusive access easement for the Bike Path as it crosses over each of their respective properties (collectively referred to herein as the "Properties"); and WHEREAS, the Owl Creek Ranch Parties desire by this instrument: (a) to establish and to grant to the County a perpetual, non-exclusive trail easement in connection with the Bike Path and (b) to establish certain restrictions with respect to said trail easement; and WHEREAS, the County desires by this instrument: (a) to accept said trail easement subject to the restrictions set forth herein; and (b) to assume certain responsibilities in connection therewith. AGREEMEN~T NOW THEREFORE, for and tn consideration of the mutual covenants and agreements contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: PUBLIC TRAIL EASEMENT AGREEMENT Owl Creek Ranch, Marx, Gordon Pitldn County Page 2 $ILVIfl DflVI$ PITKIN COUNTY ~0 R 8.~ 484510 Page: 2 of' 16 06/25/2003 12:24;: D 0.00 1. Grant and Acceptance of Public Trail Easement. The Owl Creek Ranch Parties hereby grant to the County, for the use and benefit of the general public, a perpetual, non-exclusive 20 foot easement and right of way 10 feet on either side of the center line of the as-built location of the Owl Creek Trail located on the Properties and the as-built fence thereupon which is legally described in Exhibit D attached hereto and incorporated by reference (hereinafter referred to as the "Public Trail Easement"). The location map attached hereto as Exhibit E and incorporated herein by reference visually depicts the centerline location for the Public Trail Easement described in Exhibit D. The Public Trail Easement shall be subject to any and all road, driveway, utility, water, sewer, telephone, cable, electric, gas, secondary irrigation systems, ditches, and laterals and similar easements or improvements in place or to be constructed in the future that will cross or parallel the Public Trail Easement granted herein, provided that such similar easements or improvements shall not unreasonably and adversely affect the purposes of the Public Trail Easement. The County hereby accepts the Public Trail Easement in "as is" condition, subject to the restrictions herein contained, and subject to all patent or latent defects or problems of any kind or nature. 2. Terms and Conditions. The rights of the County to use the Public Trail Easement shall be subject to the following terms and conditions: A. Required Improvements. The Bike Path intersects with several roads and driveways in the Owl Creek Ranch Subdivision. As soon as is reasonably practicable after the signing of this Agreement, but no later than June 30, 2002, the County shall, at its sole expense, install signage acceptable to and approved by the Owl Creek Ranch Parties, which approval may be withheld in their sole and absolute discretion, within the Public Trail Easement at each such intersection. The signage shall be visible to persons using the Bike Path and shall signal all Bike Path users to yield to vehicles, pedestrians, or equestrians crossing the Bike Path at such intersections. The County shall also erect signs, at its sole expense, at each end of the Public Trail Easement identifying that the Public Trail Easement is located upon private lands and setting forth restrictions upon the use of the Public Trail Easement, including without limitation, the restriction of entry onto adjacent private property from the Public Trail Easement. B. Prohibited Improvements. No temporary or pemianent improvements or structures not currently in place, other than as set forth in this agreement, shall be constructed by Pitkin County on or in the Public Trail Easement without the prior written approval of the Owl Creek Ranch Parties, which approval may be withheld in their sole and absolute discretion. Improvements which are specifically prohibited include, but are not limited to: signs (other than as specified in ¶ 2A above), lighting, fences and any type of radio, citizen's band, short wave, television or other transmitting or receiving antenna or satellite dish. C. Trail Use Restrictions. 1. The Public Trail Easement shall be used exclusively for non-motorized PUBLIC TRAIL EASEMENT AGREEMENT Owl Creek Ranch, Marx, Gordon Pitkin County Page 3 Page: 3 of 16 06/25/2003 12:24P $[LVIR DRV~'$ PZTKIN COUNTY CO R e.oe D e,~ travel by the public and for no other uses or activities whatsoever. No motorized vehicles of any kind shall ever be permitted on the Public Trail Easement except maintenance, repair, utility or emergency vehicles when necessary or as otherwise authorized herein; 2. No camping, fires, firearms, noisy or otherwise offensive behavior, trespass onto adjacent private lands, or commercial uses shall ever be permitted to be conducted on or from the Public Trail Easement; 3. The Public Trail Easement is hereby declared to be part of the Pitkin County Trail System, and the use of the Public Trail Easement shall be governed by the roles and regulations and other provisions of Chapter 12.04 of the Pitkin County Code entitled "General Regulations", as said Chapter 12.04 may be amended or re-codified from time to time, provided that the provisions of this Agreement shall control whenever they are more restrictive than the provisions of Chapter 12.04. D. Maintenance and Repair. The Owl Creek Ranch Parties shall have no maintenance or repair responsibility for the Public Trail Easement. The County hereby assumes complete responsibility for and agrees to care for and maintain the Public Trail Easement and the fence located therein in a clean and attractive condition and in a good and safe order and repair, at its sole cost and expense, and shall ensure that the Bike Path located within the Public Trail Easement is safe for public use. The County's maintenance responsibilities shall include, but not be limited to, trash and debris removal, noxious weed removal, keeping the Bike Path clear of rocks, vegetation and other obstructions, grooming as needed, controlling erosion and water runoff, and general care and maintenance. The County shall control and limit the deposit of sediment or debris into ground water or ditches by methods, procedures and protections commonly utilized in Pitkin County during road construction, utility placement and use. The natural topography and vegetation of the Public Trail Easement shall never be altered or disturbed in any way. The County may contract with a responsible third party to carry out these care and maintenance requirements, which contract will not change or alter any of these requirements or relieve the County of any of its responsibilities under this Agreement. E. Failure to Maintain or Repair. If the County fails to maintain or repair the Public Trail Easement or any of the improvements as required by this Agreement, the Owl Creek Ranch Parties, or any one of them, may (but shall not be obligated to) notify the County in writing, noting with specificity the maintenance or repair failures and, if not remedied within 30 days (or such longer period as is reasonably necessary due to season and/or weather conditions) after such notice to the reasonable satisfaction of the Owl Creek Ranch Parties, the Owl Creek Ranch Parties, or any one of them, may perform such maintenance or repairs and the County shall be responsible to reimburse the Owl Creek Ranch Parties, or any such individual party which has incurred an expenditure as set forth herein, for the actual costs thereof within thirty (30) days after receiving an invoice for such work. This subparagraph shall not alter in any way the County's responsibility for PUBLIC TRAIL EASEMENT AGREEMENT Owl Creek Ranch, Marx, Gordon Pitkin Counv/ Page 4 $1LVIR DRVIS PITKIN COUNTY CO R 484510 Page: 4 of 16 96/25/2993 12:24P D 0.e9 maintaining the Public Trail Easement in a safe manner, nor shall it obligate The Owl Creek Ranch Parties to inspect or cause any repairs to be made to the Public Trail Easement or other improvements, which inspection and repairs are the sole obligation of the County. F. Enforcement. The County agrees to enforce diligently all covenants and use restrictions set forth herein and all other applicable rules and regulations as may be contained in Chapter 12.04 of the Pitkin County Code, and to prosecute violations thereof. In addition, the Owl Creek Parties shall have the right (but never the obligation) at any time to prosecute any action that may be necessary or appropriate to enforce said covenants and use restrictions and Chapter 12.04 rules and regulations by injunction and/or damages action or otherwise, which action may join the County as a defendant if it has failed to perform its covenants or its enfomement obligations hereunder. The prevailing party in any such private enforcement action shall be entitled to an award of its reasonable costs and attorney's fees incurred in connection therewith. 3. No Additional Easement. Nothing herein shall be construed or deemed to grant any other easement across the Properties to the public or otherwise grant any right of access to the public on, over, across or to the Properties. 4. Indemnification. The parties expressly acknowledge that the Public Trail Easement is granted for a "recreational purpose" under C.R.S. § 33-41-101, et. seq., and that the Owl Creek Parties are entitled to the benefits, protections and limitations on liability afforded by Colorado law governing recreational easements, including without limitation said § 33-41-101, et. seq. By granting the Public Trail Easement, the Owl Creek Parties shall have no obligation to repair, clear or otherwise maintain the area within the Public Trail Easement, or to insure or indemnify the County 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 Easement for public non-motorized travel or otherwise, or due to the condition of the Trail. By entering into this Agreement, the County hereby agrees to defend and hold harmless the Owl Creek Ranch Parties, to the full extent allowed under Colorado law, from and against any and all claims, demands, causes of action, damages, losses, liabilities, costs and expenses of any kind or nature (including those involving death, personal injury or property damage and including reasonable attorneys' fees) arising from or incurred in any way in connection with the use or relocation of the Public Trail Easement by anyone, including members of the general public, excepting any such claims or losses which may arise directly from the wilful and grossly negligent acts of the Owl Creek Parties, their agents or employees, or other claims as described in C.R.S. § 33-41-104(1). The County further agrees to add the Owl Creek Ranch Parties as additional named insureds on its comprehensive general liability insurance policy, which insurance shall be maintained by the County to provide protection against liability from claims arising out of the use of the Public Trail Easement. Such insurance shall be carded in amounts not less than the liability limits specified in C.R.S. § 24- 10-114(1), as it may be amended from time to time, and shall provide the Owl Creek Ranch Parties PUBLIC TRAIL EASEMENT AGREEMENT Owl Creek Ranch, Marx, Gordon Pitkin County Page 5 S]LVIR DRVIS PITKIN COUNTY CO 13age: S of t6 06/25/2003 12:2413 R e.e$ D e.oe with thirty (30) days advance written notice prior to cancellation or termination. The County shall, upon written request from the Owl Creek Ranch Parties, provide a Certificate of Insurance as verification of compliance with these requirements. 5. Notices. Notices and other communications which may be given or are required to be given hereunder in writing and shall be deemed given when delivered in person or deposited in the U.S. Mail with sufficient postage affixed, certified and return receipt requested and addressed to each party at the addresses below: Owl Creek Ranch: c/o Mr. C.A. Vidal Real Estate Affiliates P.O. Box 2914 Basalt, Colorado 81621 Copy to: Rhonda J. Bazil, Esq. Boyd & Bazil, LLP 632 E. Hopkins Ave. Aspen, Colorado 81611 (970) 925-4668 (facsimile) The County_: John Ely, Esq. Pitkin County Attorney's Office 530 E. Main Street Aspen, CO 81611 Susan S. Marx P.O. Box 7915 Aspen, CO 81612 PUBLIC TRAIL EASEMENT AGREEMENT Owl Creek Ranch, Marx, Gordon Pitkin County Page 6 Gordon: SILVIR DAVIS PITKIN COUNTY CO R James A. Gordon 900 North Michigan Avenue 14th Floor Chicago, IL 60611 484510 Page'. 6 of 26 06/25/2e03 12:24P o e.ee 6. Governing Law; Venue; Attorneys' Fees. This Agreement and the rights and obligations of the parties hereunder shall be governed by and construed in accordance with the laws of the State of Colorado. Venue for all actions arising under this Agreement shall be Pitkin County, Colorado. In the event legal remedies must be pursued to resolve any dispute or conflict regarding the interpretation or enforcement of the terms of this Agreement or the rights and obligations of the Parties, the substantially prevailing party shall recover its reasonable costs incurred in pursuing such remedies, including expert witness fees and reasonable attorneys' fees. 7. No Waiver. The failure of any party to this Agreement to insist on the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as thereafter waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. 8. Paraeraph Headines. The titles to the paragraphs of this agreement are solely for the convenience of the parties and shall not be used to explain, modify, simplify, or aid in the interpretation of the provisions of this agreement. 9. Modification of Agreement. Any modification of this agreement or additional obligation assumed by either party in connection with this agreement shall be binding only if evidenced in writing signed by each party or an authorized representative of each party. 10. Bindim! Agreement - Recording. This Agreement is binding upon and shall inure to the benefit of the parties hereto, their heirs, successors and assigns including all future owners of the underlying real property traversed by the Public Trail Easement, or any part thereof, and any sale or transfer of any of the subject Properties shall be subject to this Agreement. The benefits and burdens hereof shall also run with the title to the underlying real properties and all parts thereof traversed by the Public Trail Easement. This Agreement shall be recorded with the Pitkin County Clerk and Recorder, and shall impose covenants running with the land upon each of the Subject Properties. Deeds to subsequent owners shall provide notice of this Agreement and the obligations contained herein. 11. Entire Agreement. This Agreement and all other agreements executed in connection with this Agreement constitute the entire agreement between the parties relating to the subject matter PUBLIC TRAIL EASEMENT AGREEMENT Owl Creek Ranch, Marx, Gordon Pitldn County Page 7 SILVIgl DglVIS PITKIN COUNTY CO R ~.00 484510 Page: 7 of 16 es/25/2e03 12:24P O e.ee hereof and thereof. All prior agreements, whether written or oral, among themselves or their agents and representatives relating to the subject hereof are merged into this Agreement. This Agreement may be amended only by an instrument in writing signed by the affected Parties. 12. Authorization of Signatures. Thc parties acknowledge and represent to each other that all procedures necessary to validly contract and execute this Agreement have been performed and that thc persons signing for each party have been duly authorized to do so. 13. Counterparts. This Agreement may be signed using counterpart signature pages, with the same force and effect as if all parties signed on the same signature page. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. OWL CREEK RANCH HOMEOWNERS' ASSOCIATION, a Colorado corporation STATE OF COLORADO ) County of Pitkin ) George Shifrin, P~esiden% "~ .Acknowledged before me by, President of the Owl Creek Ranch Homeowner's Association, this~.~'a~day of ~~L..~' ,20!~ ' Witness my hand and official seal. My commission expires: Notary~.J PUBLIC TRAIL EASEMENT AGREEMENT Owl Creek Ranch, Marx, Gordon Pitkin County Page 8 ACCEPTED BY PITKIN COUNTY: / AT ?EST: , Di' )uty Clerk and Recorder Page: 8 of 16 06/25/2e~3 12:24P SILVIgl DI~VIS PITK~N COUNTY CO R 0.0~ D ~.~ BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO __~j.~/Chair STATE OF COLORADO ) ) SS. COUNTY OF PITKIN ) ,.7oo_3 Ac_c_~wledged ~e.~re me by, The CounW this ,~/ d~y of ~ ~ , ~ b~~g ~ir of the Bogd of Coun. Commissioners of Pitkin C~nW, Colorado, and a~ested to by Je~eae Jones as DepuW Clerk and Recorder of Pitkin CounW, Colom~ Mycommissionexpires: /~-~/- 2c90~ /3 , ~.::~ }.,~.a.O[, APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL: ;P"lJ'ale r. Will, U Director Open Space and Trails MANAGER APPROVAL: APPROVED AS TO CONTENT: Hawk Greenway ~ Open Space and Trails Boar~lxff Trustees PUBLIC TRAIL EASEMENT AGREEMENT Owl Creek Ranch, Marx, Gordon Pitkin County Page 9 DAVIS PlTKIN COUNTY CO R 0.00 484510 Page: 9 of 06/2S/2003 12:24P D 0.00 STATE OF O0/OfbO~ 0 ) County of f~/)~J ) lSSlOn Acknowledged before me by Susan Marx this ~. dayof my hand and official seal. ' ' expires: / By: STATE OF ) ) SS. County of ) JAMES GORDON TRUST U/A/D JANUARY 21, 1981 Ja~rdon, Trustee ,20 $ Acknowledged before me by James A. Gordon as Trustee of the James Gordon Trust u/aYd January21, 1981 this 1~l~dayof ~,tgr~! ,200/..'3 Witness my hand and official seal. My commission expires: ~ / I / ~)_~ / F:'d}iana Godwin\OwlCreekk2BikePathEsrat.3.wpd Notary Pu~lic~ EXHIBIT A TO PUBLIC TRAIL EASEMENT AGREEMENT All those certain tracts or parcels of land designated as "Open Space Parcel", inclusive of the "Ranch Building Site", all of that tract or parcel of land designated as "Ranch Road", and all of that tract or parcel of land designated as "Construction License", on the Final Plat of Owl Creek Ranch, a Planned Unit Development, recorded March 16, 1987, in Plat Book 19, at Page 45 of the Records of the County Clerk and Recorder of Pitkin County, Colorado, SUBJECT, however, to all of the terms, conditions, easements, restrictions, together with all rights and obligations therewith as described in the Protective Covenants for Owl Creek Ranch, dated March 16, 1987, recorded in Plat book 53 I, Page 387 of the Records of the Clerk and Recorder of Pitldn County, Colorado, and facilities and uses constructed thereon. PITKIN COUNTY, COLORADO. SILVIA DIq'qI$ PITKIN COUNTY CO R ~.~ 484510 Page: le of 15 0t3/25/2003 12:24P 2BPExA. 1.wpd EXHIBIT B TO PUBLIC TRAIL EASEMENT AGREEMENT Lot 2, according to the Final Plat of Owl Creek Ranch, a Planned Unit Development recorded March 16, 1987, in Plat Book 19 at Page 45 as Reception No. 286842 of the records of the Clerk and Recorder of Pitldn County, PrrKINCOUNTY, COLORADO. SILVIfl DAVIS PITKIN COUNTY CO R ~.~ 484510 Page: t! o¢ 16 06/25/2003 t2:24P O 0.0e 2BPExB. 1 .wpd EXHIBIT C TO PUBLIC TRAIL EASEMENT AGREEMENT Lot 3, according to the Final Plat of Owl Creek Ranch, a Planned Unit Development recorded March 16, 1987, in Plat Book 19 at Page 45 as Reception No. 286842 of the records of the Clerk and Recorder of Pitkin County, PITKIN COUNTY, COLORADO. $ILVI~ DRVI$ PITKIN COUNTY CO R 484510 Page: 1.2 of 16 06/25/2003 12:24P D e.ee 2BPExC. 1 .wpd SILVIR DAVIS PITKIN COUNTY CO R 484510 Page: 13 of ~E e6/25/2ee3 12:24P D e.ee EXHIBIT D TO PUBLIC TRAIL EASEMENT AGREEMENT A parcel of land located in Sections 3, 4 and 5, Township 10 South, Range 85 West, and also located in Section 34, Township 9 South, Range 85 West of the Sixth Principal Meridian, said parcel being a 20 foot wide easement extending ten feet each side of the following described centerline: Beginning at a point on the north line of an Open Space Parcel within the Owl Creek Ranch Subdivision whence the Southeast corner of said Section 34 bears S 74°41,19'' E a distance of 4890.94 feet, said Section corner being a 2-1/2" brass cap found in place: Thence along the arc of a curve to the LEFT having a radius of 416.58 feet, and a central angle of 38'50'12" for a distance along the curve of 282.37 feet; the chord of said curve bears S 27'29'24" W a distance of 277.00 feet; thence S 08'04'18" W a distance of 192.89 feet; thence along the arc of a curve to the LEFT having a radius of 280.93 feet, and a central angle of 25'40'00" for a distance along the curve of 125.85 feet; the chord of said curve bears S 23'03'41" W a distance of 124.80 feet; thence S 34'38'15" W a distance of 87.76 feet; thence S 27'38'19" W a distance of 351.28 feet; thence along the arc of a curve to the RIGHT having a radius of 359.22 feet, and a central angle of 30'17'35" for a distance along the curve of 189.92 feet; the chord of said curve bears S 28'36'20" W a distance of 187.72 feet; thence S 12'18'29" W a distance of 45.91 feet; thence along the arc of a curve to the RIGHT having a radius of 100.00 feet, and a central angle of 57'12'17" for a distance along the curve of 99.84 feet; the chord of said curve bears S 40'54'38" W a distance of 95.75 feet; thence along the arc of a curve to the LEFT having a radius of 126.03 feet, and a central angle of 41'50'12" for a distance along the curve of 92.03 feet; the chord of said curve bears S 48'35'40" W a distance of 90.00 feet; thence along the arc of a curve to the RIGHT having a radius of 130.00 feet, and a central angle of 50'24'58" for a distance along the curve of 114.39 feet; the chord of said curve bears S 52'53'03" W a distance of 110.74 feet; thence S 78'05'32" W a distance of 344.67 feet; thence S 81'45'51" W a distance of 346.73 feet; thence along the arc of a curve to the LEFT having a radius of 148.00 feet, and a central angle o~ 46'25'14" for a distance along the curve of 119.91 feet; the chord of said curve bears S 58'33'13" W a distance of 116.66 feet; thence S 35'20'36" W a distance of 192.36 feet; thence S 17'39'24" W a distance of 134.48 feet; thence along the arc of a curve to the LEFT having a radius of 181.98 feet, and a central angle of 29'54'29" for a distance along the curve of 94.99 feet; the chord of said curve bears S 02'42'10" W a distance of 93.92 feet; thence S 12'15'05" E a distance of 85.73 feet; thence along the arc of a curve ~o the RIGHT having a radius of 96.76 feet, and a central angle of 76'36'00" for a distance along the curve of 129.36 feet; the chord of said curve bears S 26'02'56" W a distance of 119.94 feet; thence S 64'20'56" W a distance of 199.14 feet; F:~Di~na Godwin\OwlCmek~2OCRanchBikePth.lgl.doc ~ Page I of 3 thence S 52'44'59" W a distance of 226.76 feet; thence along the arc of a curve to the LEFT having a radius of 84.90 feet, and a central angle of 81'04'16" for a distance along the curve of 120.12 feet; the chord of said curve bears S 12'12'51" W a distance of 110.35 feet; thence along the arc of a curve to the RIGHT having a radius of 120.00 feet, and a central angle of 35'11'36" for a distance along the curve of 73.71 feet; the chord of said curve bears S 10'43'29" E a distance of 72.56 feet; thence along the arc of a curve to the RIGHT having a radius of 352.07 feet, and a central angle of 38'53'23" for a distance along the curve of 238.97 feet; the chord of said curve bears S 26'19'01" W a distance of 234.41 feet; thence S 45'45'42" W a distance of 91.46 feet; thence along the arc of a curve to the RIGHT having a radius of 328.16 feet, and a central angle of 24'07'05" for a distance along the curve of 138.14 feet; the chord of said curve bears S 57'49'14" W a distance of 137.12 feet; thence S 69'52'47" W a distance of 289.21 feet; thence along the arc of a curve to the LEFT having a radius of 340.00 feet, and a central angle of 41'14'35" for a distance along the curve of 244.74 feet; the chord of said curve bears S 49'30'04" W a distance of 239.49 feet; thence S 28'52'47" W a distance of 386.19 feet; thence along the arc of a curve to the RIGHT having a radius of 123.00 feet, and a central angle of 48'54'28" for a distance along the curve of 104.99 feet; the chord of said curve bears S 53'20'01" W a distance of 101.83 feet; thence along the arc of a curve to the LEFT having a radius of 126.44 feet, and a central angle of 64'32'23" for a distance along the curve of 142.43 feet; the chord of said curve bears S 45'31'04" W a distance of 135.02 feet; thence S 13'14'52" W a distance of 223.91 feet; thence along the arc of a curve to the RIGHT having a radius of 163.20 feet, and a central angle of 75'26'28" for a distance along the curve of 214.88 feet; the chord of said curve bears S 50'58'06" W a distance of 199.69 feet; thence S 88'41'21" W a distance of 212.18 feet; thence N 82'58'33" W a distance of 47.12 feet; thence S 89'56'21" W a distance of 192.33 feet; thence S 89'47'37" W a distance of 671.43 feet; thence N 89'21'15" W a distance of 213.48 feet; thence N 89'56'22" W a distance of 840.28 feet; thence S 88'42'48" W a distance of 234.58 feet; thence S 66'56'34" W a distance of 16.17 feet; thence N 89'43'56" W a distance of 777.22 feet; thence N 81'58'53" W a distance of 75.93 feet; thence N 89'50'08" W a distance of 505.61 feet; thence S 87'13'20" W a distance of 49.33 feet; thence N 89'35'40" W a distance of 326.44 feet; thence S 87'05'35" W a distance of 99.67 feet; thence along the arc of a curve to the RIGHT having a radius of 100.00 feet, and a central angle of 43'53'04" for a distance along the curve of 76.59 feet; the chord of · said curve bears N 70'57'53" W a distance of 74.73 feet; thence along the arc of a curve to the LEFT having a radius of 61.52 feet, and a central angle of 36'46'02" for a distance along the curve of 39.48 feet; the chord of said curve bears N 67'24'22" W a distance of 38.81 feet; thence N 85'47'22" W a distance of 77.79 feet; thence N 80'11'56" W a distance of 71.48 feet; thence S 85'10'47" W a distance of 63.55 feet; F:~Diana GodwimOwlCreekL2OCRanchBikePth.lgl.doc Page 2 of 3 Page: 14 of' 16 06/25/20~3 $2:24P SILVIA DAVIS PlTKIN COUNTY CO R 0.0~ D 0.00 Page: 15 o¢ 16 06/25/20e3 12:24P SILVIA DAVIS PITKIN COUNTY CO R e.ee D 0.ee thence along the arc of a curve to the RIGHT having a radius of 88.00 feet, and a central angle of 23'53'53" for a distance along the curve of 36.70 feet; the chord of said curve bears N 82'52'17" W a distance of 36.44 feet; thence along the arc of a curve to the LEFT having a radius of 88.21 feet, and a central angle of 47'55'41" for a distance along the curve of 73.79 feet; the chord of said curve bears S 85'06'49" W a distance of 71.66 feet; thence S 61'08'58" W a distance of 45.15 feet; thence along the arc of a curve to the RIGHT having a radius of 40.00 feet, and a central angle of 45'23'32" for a distance along the curve of 31.69 feet; the chord of said curve bears S 83'50'44" W a distance of 30.87 feet; thence along the arc of a curve to the LEFT having a radius of 102.70 feet, and a central angle of 35'51'56" for a distance along the curve of 64.28 feet; the chord of said curve bears S 88'36'32" W a distance of 63.24 feet; thence S 70'40'34" W a distance of 19.24 feet; thence along the arc of a curve to the RIGHT having a radius of 228.84 feet, and a central angle of 19'18'50" for a distance along the curve of 77.14 feet; the chord of said curve bears S 80'20'00" W a distance of 76.77 feet; thence S 89'59'25" W a distance of 308.24 feet; thence N 86'54'50" W a distance of 81.37 feet; thence S 89'46'11" W a distance of 268.62 feet; thence along the arc of a curve to the LEFT having a radius of 5.00 feet, and a central angle of 89'17'49" for a distance along the curve of 7.79 feet; the chord of said curve bears S 45'32'18" W a distance of 7.03 feet; thence S 00'53'24" W a distance of 15.37 feet; thence S 12'41'19" W a distance of 30.52 feet; thence along the arc of a curve to the RIGHT having a radius of 8.11 feet, and a central angle of 75'24'04" for a distance along the curve of 10.67 feet; the chord of said curve bears S 50'23'20" W a distance of 9.91 feet; thence S 88'05'22" W a distance of 44.76 feet; thence along the arc of a curve to the LEFT having a radius of 211.89 feet, and a central angle of 61'55'59" for a distance along the curve of 229.04 fees; the chord of said curve bears S 57'07'23" W a distance of 218.05 feet; thence S 26'09'23" W a distance of 142.96 feet; thence S 28'21'09" W a distance of 157.40 feet to a point whence the Northeast corner of said Section 5 bears N 48040,38'' E a distance of 4463.36 feet, said section monument being a 2-1/2" brass cap found and in place, said centerline being 16964.14 feet (3.21 miles) in length. F:~Diana Godwin\OwlCreekk2OCRanchBikePth.lgl.doe Page 3 of 3 to Public Trail Easement Agreement S1/4 corner Section .32 2-1/2" Bress Cap LOT 9 LOT 10 2-1/2" B~ LOT 8 LOT 7 corner :tion ~s Cap LOT 6 LOT 5 OPEN SPACE PARCEL LOT 4 OPEN SPACE PARCEL LOT 2 LOT 1 ~' YPC20151 LOT 3 OWL CREEK TRAIL- SILVIR DRVI$ PITKIN COUNTY CO R O.ee 484510 Page: 16 o¢ t6 06/25/2003 12:2413 o e.ee ~Sou[heast C 2' 3EANETTE 3ONES CLERK TO THE BOARD GRAPHIC ~ IN FEET 1 INCH - 4o~ fnSET 484510 OWL CREEK ~,'Fi£LO~ \ OWL CREEK TRAIL ! ~ PITKIN COUNTY~=.o~..,,..,~.~PUBLIC WORKSiNc. I.O~T 76 Service Center Rood CENTERUNE 10N SHEIkh I~l ~)~; iT'~ CONI~ULTING B'flGINEICRS & ~ND BURVIgYORB