HomeMy WebLinkAboutbocc.ord.001.2017 ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY,COLORADO AUTHORIZING ACQUISITION OF A
PUBLIC TRAIT.AND PARKING EASEMENT ON TILE EAGLES RISE PROPERTY.
ORDINANCE NO.a°( -2017
RECITALS:
I. Pursuant o 10.35-301 C R S.,the Board of County Commissioners("BOCCI')of
ionic Rule Counties is authorized to make and publish ordinances for carrying
into effect or discharging the powers and duties conferred upon such counties by
law and as seems necessary.
Pursuant to Section 2.81 of the Home Rule Charter,the BOCC is authorized to
take official action by Ordinance fur certain matters where action is prescribed
pursuant o the Colorado Revised Statues as amended.
3 1 he Open Space and Trails Program is charged with protecting agriculture,open
space,habitat,scenic view planes,water rights and river access.
4 Lynda L.Cameron,the owner of the Eagles Rise property(the"Property")legally
described as attached in Exhibit A. is granting the County a "Public Trail and
Parking Easement for Fishing Access to Snnwmass Creek" per Resolution 024-
2014 to allow for public parking and access to access tee fishing easements along
Snowiness Creek Ruud.
5 The Chau or Chit's designee shall be authorized to sign the documents necessary
to complete this transaction in substantially that form approved by the County
Attorney
6 The ROCC finds that adoption of this ordinance issary for the immediate
preservation of the public health, safety and welfare e of the citizens of Pi skin
County and therefore declares this ordinance and legislation to be ctliclive
immediately upon adoMion.
NOW TIIEREFORL,BE IT ORDAINED by the Board of County Commissioners of
Pirkin County,Colorado that the Chair(or(hair's designee)shall be authorized to.
I. Execute the Pubae Trail and Parking Easement for Fishing Access to Snowiness
Creek.
1111111111111111111111111111111111111111111111111111CPTlO $-6R:$0.00
RECEPTION*:6DINAN R:SOK D:60,00
COO CODE'.ORDINANCE
Pg 1 e112,02/07/217 at r,C 22 PM
Janice N.Voa Caudill,Pitkihin County,CO
RECEPTIONC 535901,02)0712017 at 04,30:22 PM,Pgs 2 of 12,Janice K.Vos Caudill,Pitkin County,CO
& e 41SC
1� INTRODUCED AND FIRST READ ON TIIE 21st DAY OP DECEMBER,2017 AND
SET FOR SECOND READING AND PUBLIC IIEARING(IN THE I Ith DAY OF
JANUARY,2017.
NOTICE OF PUBLIC IIEARING AND TITLE AND SHORT SUMMARY OF THE
ORDINANCE ruBustipo IN THE ASPEN TIMES WEEKLY ON THE
A n DAY OF _ L4tulrl' 101J. ^JO/6
NOTICE OF PUBLIC REARING AND THE FULL TEXT OF THE ORDINANCE
POSI19)ON THE OPFICIAVITK IN COEN JY WEBSITE(www pitkincaunrvcool)
ON THE JUL"' DAY OF JRyer 2017.
ADOt•I ED AFTER HINAL READING AND PUBLIC IIEARIN(i ON IHE
//Fs' DAY OF Qinbu lµ- 2017.
PUBLISHED BY TITLE AND SHORT SUMMARY,AFTER ADOPTION,IN TIIE
ASPEN TIMES WEEKLY ON THE/got DAY OF_ Team J✓ 2017
POSTED BY TITLE ANDSMIORT SUMMARY ON TILE OP ICCIIIAI PITKIN
COUNTY WEBSITII(wow.piikincmmly.cmn0 ON TIIE L_ AY OF U/pyvu rb.,
2017 4
This Ordinance is effective on January I 1111,2017
ATTEST: BOARD OF COUNTY COMMISSIONERS
•
By / _'�. /[J0J'± By / 5• .s r
lccI Jones 7 George New n,Chat
❑c )tryty County Clerk' 1)-7Daze.
APPROVED AS TO FORM: MANAGER APPROVAL
Jeh,iJ Amey Yon Peacock,County
Sc.. /I,ty
Gary Tcnncnh-eum,Directed
Open Space and Trails
RECEPTIONS 635981,02'0712017 at 04 30:22 PM,Pgs 3 of 12,Janice K.Vos Caudill,Pitkin County,CO
Tilts Ordinance is efoctivc on January I Ith,7017
ATTEST: BOARD OF COUNTY COMMISSIONERS
BYJ . 1 i• t1+_ By_ •. 4. _.
Jones George Chai
D
D ty County Clerk '15 /9
Date y-/
APPROVED AS TO FORM: MANAGER APPROVAL
ar
John ,CC' • ey —Ifni Pocock,County Manager
Gary ennenbaum,Director
Open Space and Trails
RECEPTIONS:635981,0210712017 at 04:30:22 PM,Pgs 4 of 12,Janice K.Vos Caudill,FARM County,CO
EXHIBIT"A'LEGAL DESCRIPTION
A PARCEL OF HAND SITUATED IN 101510,11.12,O AND II.SECTION 27 AND LOTS I.
1 AND S.SECI1OV A TOWNSHIP 9 SOUTH.RANGE 86 WEST OF THE 6TH P.M:SAID
PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS'.
BEGINNING AT A POINT ON THE WEST LINE OF SAID LOT 14 WHENCE THE SOLT4WEST CORNER
OF SAID SECTION 22 BEARS S W DEGREES 49'44'W A I]Is-ANCE OF 1537.39 FEET,
SAID POINT ALSO RFING A POINT ON TUE EASTERLY BOUNDARY LINE OF TIE HARVEY
SNOWMASS CREEK RANCH,ACCORDING TO THE SLIRDIVISION EXEMPTION PLAT 1l IEE11111W
RECORDED MANCH 3,2008 UNDER RECEPTION NO,521136 AND ACCORDING TO TIIE 1.01 EINE
ADJUSTMENT OF MOON RUN RANCH AND HARVEY PROPERTY RECORDED APRIL 0 2009 UNDER
RECEPTION NO,581061 WITH ALL BEARINGS HEREIN BEING RELATIVE TO A BEARING OF
N.own'E.BETWEEN THE SOUTHWEST CORNER OF SAID SECTION 27.A FOUND STONE
IN PIACE.AND THE NORTHWEST CORNER OF SAID SECTION 27.A FOUND 46 REBAR AND
3 25"ALUMINUM CAP STAMPED 1997.L.S.419598 IN PLACE);THENCE N.0111'2XE.
ALONG SAID WEST LINE OF SAID LOT 14 SECTION 27.A DISTANCE OF 1.181.53 FEET TO
A POINT ON THE NORTHERLY BOUNDARY LINE OF THAT PROPERTY DESCRIBED IN THAT
DOCUMENT RECORDED IN WX)K 271 AT PAGE 520:THENCE ALONG SAID NORTHERLY
BOUNDARY LINE AND THE EASTERLY ROUNOARY LINE OF SAID BOOK 276 AT PAGE 526 TIIE
FOLLOWING TWENTY 120)COURSES.
R 589 DEGREES 5412'E.,A DISTANCE OF 196.97 FEET:
2)S 14 DEGREES 25511"W.,A DISTANCE OE 167.61 FEET:
3)5 35 DEGREES 39'12"E.,A DLSTANCE OF 2941 I FEET:
4)N 73 DEGREES 05'48"F..A DISTANCE OF 5323 FEET,
5) N TB DEGREES I4'48'E..A DISTANCE OF 115.21 FEEI:
6)5 87 DEGREES RIPE,A DISTANCE OF 51.11 EF1T
TIN IS DEGREES 30'48'E..A DISTANCE OF 55.70 FEET:
9)N 81 DEGREES 03'IB'E..A DISTANCE OE 17.05 FEET:
9)N 00 DEGREES06'IPW..A DISTANCE OE 117.57 FEET.
l01 NIB DEGREES 36'48"E.A DLSTANCE OF 435.95 FEET;
II)S IS DEGREES 2212"E.A DISTANCE OF 116.60 FEET:
12)S 15 DEGREES 59'12'E..A DISTANCE OF 31072 FEET:
131N 87 DECRF1S 14AXE.,A DISTANCE OF 200,22 FEET'.
II)551 DEGREES 5012'8..A DISTANCE OF 115.02 FEET:
15)583 DECREES 371P6..A DLSTANCE IIF 86.34 FEET:
IG)N 12 DEGREES 14'48"X,A DISTANCE OF W IB FELT
17)50 DEGREES 1012"E..A DISTANCE OF 162 24 FEET.
III 511 DEGREES ISTD"....A DISTANCE OF 23021 FEET
19)S 26 DEGREES 39AW W.,A U6YANCE OE 131 A5 FEET.
20)5 08 DECREES 3115'W..A DISTANCE OF 98.71 FEET TO A POINT ON TETE WESTERLY
BOUNDARY LINE OF THAT 35 ACRE PARCEI.DESCRIBED IN THAT DOCUMENT RECORDED JUNE
I 1992 IN PLAT ROOK 29 AT PAGE 7:
THENCE LEAVING SAID EASTERLY RDUNIIARY LINE OF SAID BOOK 276 AT PAGE 526 ALONG
SAID WFSTFALY BOUNDARY LINE AND THE NORt11ERIN BOUNDARY LINE OF'SAID 35 ACRE
PARCEL THE FOLLOWING THIRTEEN 113)COURSES.
I)5 01 DEGREES 37 45"W..A DISTANCE OF 144 04 FEET:
2)S 19 DEGREES 1311'E..A DISTANCE OF 215.00 FEET.
3)S 11 DEGREES 01'12"E..A DISTANCE OF 130 MI FEET.
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ERHIBIT"A'LEGAL DESCRIPTION
1)529 DEGREES 15'le'E.,A DISTANCE OF 190.00 FEET:
5)S 12 DEGREES 11'1*E..A DISTANCE OF95.00 FEET:
6) 5 35 DEGREES 46'R"E..A DISTANCE OF 90.0D FEET:
1)505 DEGREES 31'12'E..A INSTANCE OF 210.00 FEET:
9)535 DEGREES 02'12"E..A DISTANCE OF 15.00 FEEL:
9)S 48 DEGREES 52'12"E.,A DISTANCE.OF 120.00 FEU:
101 SIR DEGREES 05 48'W..A DISTANCE OF 23.62 FEET:
III
Nal DEGREES 51'12'W..A DISTANCE OP 1.402.11 FELT:
12)N 00 DECREES 13'15'W.,A DISTANCE OF 55692 FEET:
131 5B9 DEGREES 11''15'W..A DISTANCE OF 625.32 FEET TO A POINT ON THE WEST UNE
OF SAID LOT 2.SECTION 34:SAID POINT ALSO BEING A POINT DN SAID LOT LINE
ADJUSTMENT OF MOON RUN RANCH AND HARVEY PROPERTY',
TIIENCE LEAVING SAID NORI1IEHLY BC UNDARY LINE OF SAID 35 ACRE PARCEL S 010808'E.,
ALONG SAID WEST UNE OF SAID LOT Z. SECTION 31,A DISTANCE OF 919.42 FEET;
THENCE LEAVING SAID WEST LINE AND CONTINUING ALONG 11W BOUNDARY LINE OE SAN
LOT LINE ADJUSTMENT OF MOON RUN RANCH AND HARVEY PROPERTY TIIE FOLLOWING THREE
0)COURSES:
I) 5 89 DEGREES 5112'W..A DISTANCE OF 130.10 FEEL
2)N 01 DEGREES 0516"W..A DISTANCE OF 991.93 FEET:
3)N 89 DEGREES was.E..A DISTANCE OF 129.80 FP.E I TO A POINT(IN SAID WEST
LINE OF SAID LOT 2,SECTION 34;
TIIENCE LEAVING SAID BOUNDARY LINE OF SAID LOT LINE ADJUSTMENT OF MOON RUN RANCH
AND HARVEY PROPERTY N.010619'W_ALONG SAID WEST LINE OF SAID LOT 1.SECFIDN
34,A DISTANCE OF 168.91 FEET TO THE POINT OP BEGINNING.
COUNTY OF PITRIN.STATE OF COLORADO.
RECEPTION#635961,02)07/2017 at 04:30:22 PM,Pgs 6 of 12,Janice K.Vus Gaudin,Pitkin County,CO
•
PUBLIC TRAIT,AND PARKING EASEMENT
FOR FISHING ACCESS TO SNOWMASS CREEK
THIS PUBLIC 'TRAIL AND PARKING EASEMENT (the "Easement Agreement"),
made and entered into this 6$t- day ofI b2017,by and between Lynda L. Cameron
Trust B-2nd("Grantor"). and the Board of Cour Commissioners of Pitkin County,Colorado
("Grantee")(collectively,the'Parties").
RECITALS
I. Grantor is the record owner of certain real property located in Pitkin County
specifically described as a tract of land situated in Sections 27&34,Township 9 South,Range
86 West of the 6th p.m.,County of Pit kin,State of Colorado,address numbers 34,65. 162,and
250 Reitschule Lane,Old Snowmass Colorado, 81654. located in Pitkin County, Colorado. as
shown on Exhibit A(the"Property'),and
2. Pursuant to Resolution No 024-2014 of the Board of County
Commissioners of Pitkin County, recorded in the Offices of the Pickin County Clerk and
Recorder on March 21, 2014, under Reception #608836 (the "Resolution"), Grantor
obtained land use approvals which conditioned Grantor's conveyance of an easement to
the County in order to facilitate development a public pedestrian Vail to Snowmass Crack,and for
two parking spaces located within the Pitkin County right-of-way for Snowmass Creek Road
and on the Property for the purpose of allowing fisherman to park along Snowmass Creek Road and
traverse the Property to access a Pre-existing fishing ea,ement along Snowmass Creek,
3. Grantor now desires to grant the casement to the County consistent with
the Resolution,and
4. Grantee desires by this instrument (a) to accept said easement subject to
the restrictions set forth herein, and (b)to assume certain respons ih i lid e.s in connection
therewith.
AGREFMFNT
NOW.THEREFORE, for and in consideration of die mutual covenants and agreements
sot forth herein, and far other good and valuable considerations,the receipt and sufficiency of
wdiiuli arc hereby acknowledged,Grantor and Grantee agree as follows:
I. Grant of Public Trail and Parking Spaces. Grantor hereby grants, transfers and
conveys unto Grantee and its successors and assigns, for the use and benefit of the general
public, a 20 foot wide perpetual non-exclusive as ent for ingress and egress across the
Property to the existing fishermen's casement alongSnowmass Creek (the "Trail Easement),
and a portion of the Property that is adjacent to the Pitkin County right-of-way for Snowmass
Creek Road for a non-exclusive perpetual vehicle parking area that can accommodate Iwo non-
commercial vehicles the 'Parking Easement"). (Both easements alt collectively referred to
herein as the"Casements").The Easements are generally depicted on Exhibit B.
I -
Eagle's Rise Trail Ea:.nem 2016
RECEPTIONR 635981,02107,2017 at 00:3032 PM,Pgs 7 of 12,Janice K.Vos Caudill.Pitkin County,CO
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2. Scone of Easements.
a. The Easements arc both being granted to facilitate a connection
between the existing Pitkin County right-of-way for Snowman Creek Road and an
existing public fishing access a ent granted to Pitkin County in 1993, which
document was recorded in the 0fficc of the Clerk and Recorder of Pitkin County,
Colorado, recorded on June 23. 1993, under Book 715 Page 782 ("1993 Fishing
Easement').
b. A din trail approximately 3 feet in width shall be constructed by
Grantor and maintained by Grantee within the Trail Easement. Thereafter, the Trail
Easement shall be exclusively utilized for public pedestrian access across the Property
In access the 1993 Fishing Easement for fishing purposes (provided that Grantee may
also utilize the 'trail Easement for emergency access or authorized maintenance).
Horses. dogs, bicycles, motorized vehicles, or other recreational usesunrelated to
fishing access(including but not limited to hunting access), strictly prohibited.
c. Two gravel parking spaces, which conform to Pitkin County Public
Works and Transportation current guidelines, rules and regulations,shall be constructed
by Grantor and thereafter maintained by Grantee within the Pitkin County right-of-way
fur Snowman Creek Road and within a portion of the Properly as depicted in Exhibit B.
Thereafter, the two parking spaces shall be exclusively utilized for public parking by
persons utilizing the Trail Easement to access Snowmass Creek for fishing purposes
(provided that Grantee may also utilize the Parking Easement park vehicles for
emergency or authorized maintenance purposes).
d. Any and all signage installed within the Trail Easement and the
Parking Easement will be provided by Grantee and will he uniform to Pickin County
standards. provided that the placement of any signs will be agreed upon by the Parties
in writing prior to installation of the same.
c. The Easements shall also be governed by the rules and regulations
and other provisions of Title XII of the Pitkin County Code, as said Title X11 may be
amended or re-codified from time In time, provided always that the provisions of this
Easement Agreement shall control wherever they arc more restrictive than the
provisions of said Title X17.
I Grantor reserves the right to use and enjoy the Easements. and the land
beneath and the airspace above the Easements, for all purpos.s and uses which do nut
unreasonably interfere with the use and enjoyment by Grantee or members of the public of the
rights herein granted. Without limitation to the foregoing,Grantor shall have the right to grant
any easements to utility companies over or under the Trail Easement and/or the Parking
Easement. The Casements granted herein are also subject to all existing easements,resiBetions
and covenantsof record.
3. As-Huilt Certification and Future Modificaiioa Upon completion of construction of
the two parking spaces within the Pitkin County right-of-way fur Sriowmass Creek Road end the
Property and a din pedestrian trail within the'fail Easement,Grantor will execute and record as-
built legal descriptions of the Easements, which instrument shall reference this Easement
Agreement (the "As-Huilt Certification"). The Trail Easement shall include a description of the
-2-
Eagle's Rise Trail Faaerennma
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surveyed centerline of the as-bull null.The As-Built Cenificotion shall thereafter be recorded by
Grantor in the Office of the Pitkin County Clerk Sr Recorder at Grantor's expense within 90 days
following completion of these facilities. Grantor shall thereafter rdain the right to adjust the
location of the trail and/or the Trail Easement as may be needed to accommodate Grantor's
irrigation systems,drainage,fencing,or other allowable uses on the Property.provided that any
modified location of the Trail Easement shall continue to be at least twenty feet in width and in a
location sufficient to accommodate a pedestrian trail with substantially similar features and function
as the prior location.Grantor shall beat all expense for any such relocation.
4. As-is conveyance. Grantee hereby accepts the Easements in an "as is'
condition, subject to the restrictions herein contained. Such acceptance does not
preclude improvement or maintenance activities within the Trail Easement and/or the
Parking Easement to the extent such activities are allowed or required by this Easement
Agreement.
5. Maintenance Obligation. Upon completion of construction of the parking spaces
and pedestrian trail contemplated herein by Grantee, Grantee hereby assumes complete
responsibility for, and agrees to cure for, groom and maintain, the Trail Easement and the
Parking Easement in a clean and attractive condition and in a good and safe order and repair,at
its sole cost and expense, unless the need therefore is caused by Granter(including but not
limited to instances of any relocation of the /'rail Easement pursuant to Section 2. above), in
which case Grantor shall perform the maintenance or o required. Grantee's maintenance
responsibilities shall include,but not be limited to,hush and debris removal,keeping the trail
clear of rocks, vegetation and other obstructions.grooming as needed,controlling erosion and
water runoff,and general care and maintenance.
6. Liability and insurance. The Parties expressly acknowledge that the
Easements are granted for a "recreational purpose"under C.R.S. Section 33-41-101, el
y., and that Grantor is entitled to pursue the benefits, protections and limitations on
liability afforded by Colorado law governing recreational easements, including without
limitation said Section 33-41-101, et seq. fly granting these Easements, Grantor shall
have no obligation to repair,clear or otherwise maintain the area within the Easements,
nor any other liability to or obligation to insure or indemnify Grantee or the public for
arty injury, claim or damage In any person or property. whether alleged to have
occurred as a result of use of the Easements for public non-motorized travel o
otherwise, or due to the condition of the Easements. Additionally, unless and until the
Easements are formally abandoned by Grantee,Grantee shall keep and maintain public
liability and property insurance coverage in effect insuring against any injury to persons
or property occasioned during any use of the Easements by Grantee or the general
public. Such insurance shall be inecially reasonable amounts, with coverage
limits of no less than$1M per claim and $2M aggregate,and shall contain a waiver of
subrogation against Grantor. Grantor shall also be named as additional insured an
such coverage and shall be provided with 30 days' notice prior to any cancellation or
termination of said coverage.
7. Attorneys' fees. In the event the interpretation or enforcement of this
Easement should ever become the subject of litigation between Grantor and Grantee,the
prevailing party shall be entitled to an award of its reasonable costs and attorneys' fes
incurred in connection therewith.
-3
Eagle's Rise Trawl Easement 2016
RECEPTION#.635981,02/07,2017 at 04:30:22 PM.Pgs 9 0f 12,Janice K.Vos Cancan,Pltkin County,CO
•
R. Dindintt Effect. This Easement Agreement shall be binding upon and
inure to the benefit of the parties herein and their respective heirs, personal
representatives, successors and assigns forever. including all future record owners of
the Property that is traversed by the Easements, or any part thereof. The benefits and
burdens hereof shall also run with the tilts to the Properly and all parts thereof
traversed by the Easements. Except with regard to the As-Bid It Certification and
potential relocation of the Trail Easement referred to above in Section 2, this Easement
Agreement may only be amended in writing signed by Grantee and by the then-record
owners of the Property traversed by the Easements.
IN WITNESS WHEREOF,the parties have hereunto set their hands and seals as
of the day and year first above written.
GRANTOR:
LYNDA L/CAMERON TRUST II-2nd
By: L —
STA'T'E OF COLORADO
)ss.
COUNTY OF!TURIN
The foregoing instrument was acknowledged abes this I day lo`'
2016,by f�. rits. �..,Ca as ( p&,�'
the Lm a Cameron''rust Rind.
Witness my hand and official seal.
My Commrgtest S9l�Y1
I9 '"�"',CHARY PUBLIC
STATE OF COLORAOO__
I NOTARY ID 020014014051rdryyPa ic
f MY cONN11cn cmires rune 12.2017
-4 .
Eagles Rin Trail Cannon'2016
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GRANTEE:
BOARD OF COUNTY COMMISSIONERS OF
PITKIN COUNTY.COLORADO
1fjRa TIE.Richards.Cha '
STATE OF COLORADO )
)55.
COUNTY OFPITKLV )
The foregoing instrument was acknoxledged before me this 4' day of
FU'JN I-01, , 2017, by Rachel F. Richards, Chair. Pitkin County Board of County
Commission&fc.
Witness my hand and official seal
}[
My commission expires: u r� i 4 1,1019
VVVVV
t cp.eAouwo �is,
o. »,a °tory Public
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-5 -
Engles Rise Tail fmement 2016
RECEPTIONA:635981.0V0712017 at 04:3033 PM.Pgs 11 of Janice K.Vos Caudill,Pitkin County.CO
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RECEPTIONt 635981,02Wrz01]at 00:30 22 PM.PO 120112,Janice N.Vos Caudill,Pitkin County.CO
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