HomeMy WebLinkAboutbocc.con.354.2018 - BOCC 11111111111111111111 111111111111111 Nil1111111ll1lllll 1ll111111
RECEPTION# 663720, R: $0.00. D: $0.00
DOC CODE' ORDINANCE
Pg t of 10.0113112019 at 0911:32 AM
Janice K. Vos Caudill, Pitkin County, CO
AN ORDINANCE OF THE BOARD OF COUNTV COMMISSIONERS OF PITKIN
COUNTY, COLORADO, APPROVING AND ACCEPTING THE SKVBEAM RANCH
SUBDIVISION TRAIL EASEMENT
U CONTRACT
ORDINANCE NO. , ( q -2018
#
RE('1'PALS: 4-44eLe4..k I
I. Pursuant to 30-35-30 I C.K.S., the Board of County Commissioners of Pitkin County,
Colorado CBOCC ). a home rule county, is authorized to make and publish ordinances
for carrying into effect or discharging the powers and duties conferred upon such
counties by law and as seems necessary.
2. Pursuant to Section 2 S.t of the Home Rule Charter("HRC"), the BOCC is authorized to
take official action by Ordinance for certain matters where action is prescribed pursuant
to the Colorado Revised Statutes as amended
3. The Voters of Pitkin County and the Pitkin County Commissioners established an Open
Space and Trails Fund for the purposes of preserving and providing open space and trails
resources,and established an Open Space and Trails Board of Trustees to guide the
expenditure of those funds.
a. The Open Space and Trails Program is charged with protecting akticulture.open space.
habitat, scenic view planes, and recreational routes on public lands.
5. Bryan & Emily Kelln Family Trust (the "Trust") on us the 37 acre Skyheam Ranch
Stash.ision located at 501 West Buttermilk Road.
t,. On Oetober 10. 2018, the Pitkin County Board of County Commissioners (BOCCI passed
a resolution which required the conveyance of a trail easement, to be approved by Open
Space and Trails and accepted via ordinance by the BOCC.
7. The Trust :s prepared to COCA ev a trail easement in accordance with the October 10, 2015
resolution and 535,000 donation for trail construction or maintenance.
8. On May 3. 2018, the Pitkin County Open Space and Trails Board recommended that the
Skyheam Ranch Subdivision trail ea<.ment be accepted by tire BOCC and designated as
an Open Space and Trails asset
9. The BOCC finds that adoption of this ordinance is in the best interest of the citizens of
Pitkin County.
NOW. THEREFORE. BE IT ORDAINED by the Board of County Commissioners of Pitkin
County, Colorado that it hereby adopts an Ordinance of the Board of County Commissioners of
Pitkin County, Colorado, Approving and Accepting the Skybeam Ranch Subdivision Trail
Easement and authorizes the Chair or the Chair's designee to sign the Ordinance and upon the
satisfaction of the County Attorney as to form, execute any other associated documents
necessary to complete this matter.
Signature3 on next page
INTRODUCED AND FIRST READ UN TIIE Sh DAY OF DECEMBER, 2018 AND SET FOR
SECOND READING AM) PUBLIC HEARING ON THE 191n DAY OF DECEMBER, 2018.
NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE
RASOLUTION PUBLISHED IN THE ASPEN TIMES WEEKLY ON TIIE 1p''(" DAY OF
vl.,�VuLc. , 2018.
NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE RESOLUTION POSTED
ON THE OFFICIA ITKIN COUNTY WEBSITE (wttulnkm uuntv.cwu ION THE
GtA- DAY OFLQat,I1t1 _ 2018.
ADO'Jpppppp//TTT���� ED AFTER FINAL READING AND PUBLIC HEARING ON THE /Gf
�_ DAY
OFia-C,tttt,t 2018.
PUBLISHED BY TITLE AND SflOR'I SUMAAKY. AFTER ADOPTION, IN THE ASPEN
TIMES WEEKLY ON THE '9? _ DAY OF I211)e, , 2018.
POSTED BY TIRE AND SHORT SUMMARY ON THE OI'FJCJIAL PITKIN COUNTY
WEBSITE s%u.niilincnumv.uun ON THE 10"- DAY OFA� �-f�n�'�-r" _. 2018.
ATTEST: BOARD OF COUNTY COMMISSIONERS
BY
1)1111 r J' _
B
Jcanrtc Jones / Patti Clapper, Chair
Deputy County Clerk
Date: 01_-0 I '. 'I Y_
APPROVED AS TO FORM. MANAGER APPROVAL
John El}. ('oun , torney Jon Pea och, County Manager
frsl
Gary Iennenbaunt,
Director Open Space and Trails
£ ab, �
TRAIL EASEMENT AGREEMENT
THIS TRAIL EASEMENT AGREEMENT (the "Agreement"), made and entered
into this'34"`c day of ' tt /iiv4 , 200 by and between the Bryan and Emily Kelln Family
Trust, whose address is 5011 West Buttermilk Road, Aspen, CO 81611 ("Grantor"), in
favor of the Board of County Commissioners of Pitkin County, Colorado, a body
corporate and politic, ( BOCC") whose address is 530 E. Main Street, Aspen, CO
81611.
RECITALS:
A. Grantor is the record owner of certain real property located in Pitkin
County commonly known as 501 West Buttermilk, Aspen, CO and more particularly
described as Lots I and 2 on the Skybeam Ranch Subdivision Plat (the "Plat") recorded
in Plat Book /Pi _ at Page 73 _ of the Pitkin County Clerk and Recorder's Office:
and
B. Grantor desires by this Agreement (a) to grant to the BOCC the right to
construct, maintain, replace and repair a non-motorized trail over a portion of Grantor's
property labeled as the "Trail Easement" area and the "Conservation Easement" area on
the Plat from the southern boundary of the property shown on the Plat through the Trail
Easement area to the north and through the Conservation Easement area (the "Easement
Areas"), and (b) to establish certain restrictions with respect to said trail; and
C. BOCC desires by this Agreement (a) to accept said trail easement subject
to the restrictions set forth herein, and (h) to assume certain responsibilities in
connection therewith
AGICEENIENT
NOW, THEREFORE, for and in consideration of the mutual covenants and
agreements set forth herein, and for other good and valuable considerations. the receipt
and sufficiency of which arc hereby acknowledged, Grantor and BOCC agree as
follows:
1 . Grant of Easement. Grantor hereby grants, transfers and conveys unto
13OCC and its successors and assigns, for the use and benefit of the general public, a
perpetual, non-exclusive easement within the Easement Areas (the "Easement"). The
Easement shall be used for the construction, maintenance, repair and replacement of a
single-track trail. Following the grant of this Easement and the construction of such trail
within the Easement Areas, the BOCC shall survey the exact "as-built" location of the
trail and this Agreement shall be re-recorded with that survey attached as Exhibit A.
Upon the construction of the trail and the re-recording of this Agreement, the
1
"Easement" shall thereafter be limited to the area five (5) feet on each side of the
centerline of the trail as constructed.
In accordance with BOCC Resolution No. 069-2017, recorded as Reception No.
643672, prior to construction of any potential trail within the Easement, Pitkin County
Open Space and Trails ("OST") shall notify the Aspen Oaks Homeowners' Association
in writing of all planning meetings about the potential trail. OST shall also consult
Colorado Parks and Wildlife and all beneficiaries of the conservation easement during
the planning phase for the potential trail.
2. As-Is Conveyance. BOCC hereby accepts the Easement in an "as is"
condition, subject to the restrictions herein contained, and subject to all patent of latent
defects or problems of any kind or nature. Such acceptance does not preclude
improvement or maintenance activities within the Easement insofar as such activities
may be allowed or required by this Agreement.
3. Trail Use Restrictions.
(a) The Easement shall he used exclusively for nnn-motorized travel by the
public, construction and maintenance by the BOCC, arid for no other uses or activities
whatsoever. No motorized vehicles of any kind shall ever be permitted on the Easement
Areas, excepting equipment used to construct, enhance of maintain the trail and
emergency vehicles when necessary.
(b) The Easement is hereby declared to be part of the Pitkin County Trail
System, and the use of the Easement shall also be governed by the rules and regulations
and other provisions of Title XII of the Pitkin County Code entitled "Trail Regulations,"
as said Title XII may be amended or recodified from time to time. provided always that
the provisions of this Easement shall control wherever they arc more restrictive than the
provisions of said Title XII.
(c) Grantor reserves the right to use and enjoy the Easement, and the land
beneath and the airspace above the Easement, for all purposes and uses which do not
unreasonably interfere with the use and enjoyment by Grantee or members of the public
of the rights herein granted Without limitation to the foregoing, Grantor shall have the
right to grant any easements to utility companies over or under the Easement. The
Easement granted herein is also subject to all existing easements, restrictions and
covenants of record.
4. Easement Care and Maintenance. BOCC hereby assumes complete
responsibility for and agrees to care for, groom and maintain the 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 therefor is caused by Grantor or its successor in interest in the
ownership of the underlying real property, in which case Grantor or it successor in
interest shall perform the maintenance or care so required. BOCC's maintenance
responsibilities shall include, but not be limited to, trash and debris removal, keeping
2
the trail clear of rocks, vegetation and other obstructions, grooming as needed,
controlling erosion and water runoff, and general care and maintenance.
5. Enforcement. BOCC agrees to enforce diligently all covenants and use
restrictions set forth herein and all other applicable rules and regulations as may be
contained in Title XII of the Pitkin County Code, and to prosecute violations thereof.
6. Grantor's Immunity and BOCC's Obligation to Insure. The parties
expressly acknowledge that the Easement is granted for a "recreational purpose" under
C R.S. Section 33.41-101, et seq., and that Grantor is entitled to the benefits,
protections and limitations on liability afforded by Colorado law governing recreational
easements, including without limitation said Section 33-41-101, et seq. By granting the
Easement, Grantor shall have no obligation to repair, clear or otherwise maintain the
area within the Easement, or to insure or indemnify BOCC or the public for any injury,
claim or damage to any person or property, whether alleged to have occurred as a result
of use of the Easement for public non-motorized travel or otherwise, or due to the
condition of the public trail.
BOCC agrees to add Grantor (and its successors and assigns in the ownership of
the underlying real property traversed by the Easement, or any part thereof) as
additional named insureds on its comprehensive general liability insurance policy,
which insurance shall be maintained by the BOCC to provide protection against liability
from claims arising out of the use of the Easement, Such insurance shall be carried in
amounts not less than the liability limits specified in C.R.S. Section 24-10-114(1), as it
may be amended from time to time, and shalt provide Grantor and its successors and
assigns with thirty (301 days advance written notice prior to cancellation or termination.
BOCC shall, upon written request therefor from Grantor or any successor or assign,
provide a Certificate of Insurance as veritheation of compliance with those requirements.
7. Attorneys' Fees. In the event the interpretation or enforcement of this
Agreement should ever become the subject of litigation between Grantor (or its
successors and assigns In the record ownership of the underlying real property traversed
by the Easement, or any part thereof) and BOCC, the prevailing party shall he entitled
to an award of its reasonable costs and attorneys' fees incurred in connection therewith.
8. Binding Effect. 'Phis Agreement shall be binding upon and inure to the
benefit of the parties hereto and their respective heirs, personal representatives,
successors and assigns forever including all future record owners of the underlying real
property traversed by the Easement, or any part thereof The benefits and burdens
hereof shall also run with the title to the underlying real property and all parts thereof
traversed by the Easement This Agreement may only be amended by a writing signed
by BOCC and by the then record owners of the underlying real property traversed by the
Easement.
3
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as
of the day and year first above written.
GRANTOR:
Bryan and Emily Kelln Family Trust
1/214_Trustee
F it y jCEi ,k/ ris q,.y,.n 1 � �✓
BOCC:
Board of County Commissioners of Pitkin
County, Colorado
By _ `�rhl CGl. (_IAS+jLI _
n-ikt Cia , Chair
ATTEST: Th
Ica cite Jones
Deputy Clerk an: Recorder
Approved as to Form:
s
John Ely
Attorney
[Remainder of page intentionally blank; Notaries on following pagel
4
STATE OF °Okla 0 )
p ��'''' ss.
COUNTY OF Y llyn Os_
The foregoing instrument was acknowledged before me this f?:‘a" day of
10010611/1/r _, 20 (q , by Bryan Kelln as Trustee of the Bryan and Emily Kelln
Family Trust.
,
r.
Witness my hand and official seal.
` c. <
My commission expires: -. .......-.....
Notary Public 4
STATE OF (1110r(t0 )
1 5s.
COUNTY OF F;tt iK )
The foregoing instrument was acknowledged before me this Ra"delay of
1&f11(LNX _ . 20[41, by Emily Ketln as Trustee of the Bryan and Emily Kelln Family
Trust, G
1
Witness my hand and official seal. �'
My commission expires: j,
o-
Notary Public
STATE OF COLORADO
) ss
COUNTY OF PITKIN
The foregoing rostrumtm�t ssas cknowledged before me this JO " day of
Jetttt l�fyl.�� , 204. by All-/ (�t 4.t r as Chair of the Board of County
Commissioa'ers of Pitkin County, Colo ado, and attested to by Jeanette Jones as Deputy
Clerk and Recorder of Pitkin County, Colorado.
Witness my hand and official seal.
My commission expires:‘ -J3- 3c;1 L
' x /
..
RICHARD YOUNG NEILEY III Notary Pub. .
Notary public
State of Cotorado
Notary t0 s 20174028581
M Commission Ex.ues 06.234021 5
TRAIL EASEMENT
A PARCEL OF LAND SITUATED IN GOVERNMENT LOTS 20 AND 21, SECTION 3,
TOWNSHIP 10 SOUTH, RANGE 85 WEST OF 'FITE 6TH PRINCIPAL MERIDIAN,
COUNTY OF PITKIN, STATE OF COLORADO, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 3; THENCE
S59°38'25"W A DISTANCE OF 2118.48 FEET TO A REBAR & 2" ALUMINUM CAP
LS27936, BEING THE SOUTHWEST CORNER OF BURLINGAME RANCH SUBDIVISION
AS RECORDED IN THE PITKIN COUNTY CLERK AND RECORDER'S OFFICE IN PLAT
BOOK 50 AT PAGE 88, THE POINT OF BEGINNING; THENCE N26°53'31"W ALONG
SAIL) WESTERLY LINE A DISTANCE OF 1216.83 FEET TO A REBAR& 2" ALUMINUM
CAP 1,527936; THENCE LEAVING SAID WESTERLY LINE N89°38'56"W A DISTANCE
OF 34.50 FEET; THENCE S 15°42'07"E A DISTANCE OF 179.48 FEET; THENCE
S20"10'12"E A DISTANCE OF 156 23 FEET; THENCE S35°08'39"E A DISTANCE OF
269.26 FEET; THENCE S 12°47'13"E A DISTANCE OF 153.53; THENCE 6(1.69 FEET
ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 155.00 FEET
AND A CENTRAL ANGLE OF 22°25'36",THE CHORD OF WHICH BEARS S50"22'50"E A
DISTANCE OF 60.31 FEET; THENCE S75`03'33"W A DISTANCE OF 25.20 FEET;
THENCE. 262.85 FEET ALONG THE ARC OF A CURVE TO TETE LEFT HAVING A
RADIUS OF 124.00 FEET AND A CENTRAL ANGLE OF 121°27'18", THE CHORD OF
WHICH BEARS 578"10'50"W A DISTANCE.OF 216.33 FEET;THENCE 192.36 FEET
AL()NG THE ARC OF A CURVE T(1 THE LEFT HAVING A RADIUS OF 148.0(1 FEET
ANI) A CENTRAL ANGLE OF 74°27'48",THE CHORD OF WHICH BEARS SI9"18'14"E A
DISTANCE OF 179.11 FEET, THENCE S56°32'14"E A DISTANCE OF 183,41 FEET;
THENCE 57.23 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A
RADIUS OF 202.00 FEET AND A CENTRAL ANGLE OF 16°13'54", THE CHORD OF
WHICH BEARS S45°09'32"F. A DISTANCE OF 57.04 FEET TO A POINT ON THE
NORTHERLY LINE OF BUTTERMILK MEADOWS P.U.D./SUBDIVISION AS
RECORDED IN THE PITKIN COUNTY CLERK AM) RECORDER'S OFFICE IN PLAT
BOOK 75 AT PAGE 99; 1 HENCE N88°20'00"E A DISTANCE OF 100.89 FEET; THENCE
CONTINUING ALONG SAID NORTHERLY AND IT:S EX PENSION THEREOF
N89"41'00"E A DISTANCE OF 130.00 FEE FTU THE POINT OF BEGINNING, SAID
PARCEL OF LAND CONTAINS 5.34 ACRES, MORE OR LESS.
TRAIL EASEMENT
N TRAIL
EASEMENT
•54.T
N c"
I
SCA!f. 1" - 400'
-a't ST
-- t4UT'LRMILA
ROAD
SKYBEAM RANCH SUBDIVISION
SECTION 3,TOWNSHIP IV SOUTH,RANGE 85 WEST OF 6TH P.M.
COUNTY OF PRION,STATE OF COLORADO
TRt1E Nom
TRUE NNOMH COLORADO LLC
isuavmvEl MAPPItt5 on.
=o e5445 an zxD ,F'EVE
COLORADO Nov cAsILLA RAOLL
A LAND SURVEYING AND MAPPING COMPANY
(VO)984.0474
666v)-ttuww-PITro•adOE T
PRO1711 NO 2017229 — SNFB'T
I'CE a VEVU t ttt
CONTRACT NO.
,;//- eesi - 606G
TRAIL EASEMENT AGREEMENT
THIS TRAIL. EASEMENT AGREEMENT (the "Agreement"), made and entered
into this3% day ofcUW rit , 20, by and between the Bryan and Emily Kelln Family
Trust, whose address is 50l West Buttermilk Road, Aspen, CO 81611 ("Grantor"), in
favor of the Board of County Commissioners of Pitkin County, Colorado, a body
corporate and politic, ("BOCC") whose address is 530 E. Main Street, Aspen, CO
81611.
RECITALS:
A. Grantor is the record owner of certain real property located in Pitkin
County commonly known as 501 West Buttermilk, Aspen, CO and more particularly
described as Lots 1 and 2 on the Skybeam Ranch Subdivision Nat (the "Pial") recorded
in Plat Book 1'21 _ at Page 1; _ of the Pitkin County Clerk and Recorder's Office:
and
B Grantor desires by this Agreement (a) to grant to the BOCC the right to
construct, maintain, replace and repair a non-motorized trail over a portion of Grantor's
property labeled as the "Trail Easement" area and the "Conservation Easement" area on
the Plat from the southern boundary of the property shown on the Plat through the Trail
Easement area to the north and through the Conservation Easement area (the "Easement
Areas"), and (b) to establish certain restrictions with respect to said trail; and
C. 130CC desires by this Agreement (a) to accept said trail casement subject
to the restrictions set forth herein, and (h) to assume certain responsibilities in
connection therewith.
AGREEMENT
NOW, THEREFORE, for and in consideration of the mutual covenants and
agreements set forth herein, and for other good and valuable considerations, the receipt
and sufficiency of which arc hereby acknowledged, Grantor and ROCC agree as
follows'
1. Grant of Easement Grantor hereby grants, transfers and conveys unto
BOCC and its successors and assigns, for the use and benefit of the general public, a
perpetual, non-exclusive easement within the Easement Areas (the "Easement"). The
Easement shall be used for the construction, maintenance, repair and replacement of a
single-track trail. Following the grant of this Easement and the construction of such trail
within the Easement Areas, the BOCC shall survey the exact "as-built" location of the
trail and this Agreement shall be re-recorded with that survey attached as Exhibit A.
Upon the construction of the trait and the re-recording of this Agreement, the
ILII ll41IIII1UIII1III1IIIIIIIF lIIIIIfIIIiI
RECEPTION#. 663721.It $0.00, D.60.00
1 DOC CODE: EASEMENT
Pg 1 of 7, 01/31/2019 at 09:11:33 AM
James K.Vos Caudill,Pitkin County,CO
"Easement" shall thereafter be limited to the area five (5) feet on each side of the
centerline of the trail as constructed.
In accordance with BOCC Resolution No. 069-2017, recorded as Reception No.
643672, prior to construction of any potential trail within the Easement, Pitkin County
Open Space and Trails ("051') shall notify the Aspen Oaks Homeowners' Association
in writing of all planning meetings about the potential trail. OST shall also consult
Colorado Parks and Wildlife and all beneficiaries of the conservation easement during
the planning phase for the potential trail.
2. As-Is Conveyance. BOCC hereby accepts the Easement in an "as is"
condition, subject to the restrictions herein contained, and subject to all patent or latent
defects or problems of any kind or nature. Such acceptance does not preclude
improvement or maintenance activities within the Easement insofar as such activities
may be allowed or required by this Agreement.
3. Trail Use Restrictions.
(a) The Easement shall be used exclusively for non-motorized travel by the
public, construction and maintenance by the BOCC, and for no other uses or activities
whatsoever. No motorized vehicles of any kind shall ever be permitted on the Easement
Areas, excepting equipment used to construct, enhance or maintain the trail and
emergency vehicles when necessary.
(b) The Easement is hereby declared to be part of the Pitkin County Trail
System, and the use of the Easement shall also be governed by the rules and regulations
and other provisions of Title XII of the Pitkin County Code entitled "Trail Regulations,"
as said Title XII may be amended or recodified from time to time, provided always that
the provisions of this Easement shall control wherever they are more restrictive than the
provisions of said Tide XII
(e) Grantor reserves the right to use and enjoy the Easement, and the land
beneath and the airspace above the Easement, for all purposes and uses which do not
unreasonably interfere with the use and enjoyment by Grantee or members of the public
of the rights herein granted. Without limitation to the foregoing, Grantor shall have the
right to grant any casements to utility companies over or under the Easement. The
Easement granted herein is also subject to all existing easements, restrictions and
covenants of record.
4. Easement Care and Maintenance. BOCC hereby assumes complete
responsibility for and agrees to care for, groom and maintain the 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 therefor is caused by Grantor or its successor in interest in the
ownership of the underlying teal property, in which case Grantor or it successor in
interest shall perform the maintenance or care so required. BOCC's maintenance
responsibilities shall include, but not be limited to, trash and debris removal, keeping
2
the trail clear of rocks, vegetation and other obstructions, grooming as needed,
controlling erosion and water runoff, and general care and maintenance.
5. Enforcement. BOCC agrees to enforce diligently all covenants and use
restrictions set forth herein and all other applicable rules and regulations as may be
contained in Title XII of the Pitkin County Code, and to prosecute violations thereof.
6. Grantor's Immunity and BOCC's Obligation to Insure. The parties
expressly acknowledge that the Easement is granted for a "recreational purpose" under
C.R S. Section 33-41-101, et seq , and that Grantor is entitled to the benefits,
protections and limitations on liability afforded by Colorado law governing recreational
easements, including without limitation said Section 33-41-101, et seq. By granting the
Easement, Grantor shall have no obligation to repair, clear or otherwise maintain the
area within the Easement, or to insure or indemnify BOCC or the public for any injury,
claim or damage to any person or property, whether alleged to have occurred as a result
of use of the Easement for public non-motorized travel or otherwise, or due to the
condition of the public trail.
BOCC agrees to add Grantor (and its successors and assigns in the ownership of
the underlying real property traversed by the Easement, or any part thereof) as
additional named insureds on its comprehensive general liability insurance policy,
which insurance shall be maintained by the BOCC to provide protection against liability
from claims arising out of the use of the Easement Such insurance shall be carried in
amounts not less than the liability limits specified in C.R.S. Section 24-10-114(1), as it
may be amended from time to time, and shall provide Grantor and its successors and
assigns with thirty (30) days advance written notice prior to cancellation or termination.
BOCC shall, upon written request therefor from Grantor or any successor or assign,
provide a Certificate of Insurance as verification of compliance with these requirements.
7. Attorneys' Fees. In the event the interpretation or enforcement of this
Agreement should ever become the subject of litigation between Grantor (or its
successors and assigns in the record ownership of the underlying real property traversed
by the Easement, or any part thereof) and BOCC, the prevailing party shall be entitled
to an award of its reasonable costs and attorneys' fees incurred in connection therewith.
8. Binding Effect. This Agreement shall be binding upon and inure to the
benefit of the parties hereto and their respective heirs, personal representatives,
successors and assigns forever including all future record owners of the underlying real
property traversed by the Easement, or any part thereof. The benefits and burdens
hereof shall also run with the title to the underlying real property and all parts thereof
traversed by the Easement. This Agreement may only be amended by a writing signed
by BOCC and by the then record owners of the underlying real property traversed by the
Easement.
3
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as
of the day and year first above written.
GRANTOR:
Bryan and Emily Kelln Family Trust
y
, Trustee
rpuH I <n/ ltvt,yph IczL_n/
BOCC:
Board of County Commissioners of Pitkin
County,tColorado J�
By: "I Q `/'`Q'`'[,`
Perth Clr g{ , Chair
EST:
�I ice./ /a Jo
Je. ette Jones
D s.uty Clerk an Recorder
Approved as to Form:
Ian E %/
Attorney
[Remainder of page intentionally blank; Notaries on following page]
4
STATE OF (AGA o__ )
vita
) ss.
COUNTY OF vita Yk )
The foregoing instrument was acknowledged before me this AYday of
TAh�GW}' . 20 I' , by Bryan Kelln as Trustee of the Bryan and Emily Kelln
Family Trust.
HANNAH GREGORY
Witness myhand and official seal. Notary rm
State M Colorado
Nm re ID Ex hes 07303
My commission expires: m Commission ExFi as 09-28-2020
Aaa
Notary Public
STATE OF elided°
) ss.
COUNTY OF ?Nth. _ )
The foregoing instrument was acknowledged before me this gZet3nd day of
Imam , 20jq, by Emily Kelln as Trustee of the Bryan and Emily Kelln Family
Trust. _
HANNAH GREGr'NAI
Notary Pub'
Witness my hand and official seal. state of coer,
Neter,' ID,/1016+- � .3
My commiss.on S. .uo- 14010
My commission expires: a.
-goqtertok ("27/1-9
Notary Public
STATE OF COLORADO )
) ss
COUNTY OF PITKIN
� The foregoing instrum t,�/w, as cknowledged before me this 1Q it day of
JN ylutt w , 20/, by f fit ( htpQ1%r _ as Chair of the Board of County
Commissio'ers of Pitkin County, Coloifado, and attested to by Jeanette Jones as Deputy
Clerk and Recorder of Pitkin County, Colorado.
Witness my hand and official seal.
My commission expires. -,73 - aoa i
RICHARD YOUNG NEILEY III Notary Pub,.
Notary Public
State of Colorado
Notary ID a 20174028881
M Commission Ex.ues 08-23.2021 5
TRAIL EASEMENT
A PARCEL OF LAND SITUATED LN GOVERNMENT LOTS 20 AND 21, SECTION 3,
TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6TH PRINCIPAL MERIDIAN.
COUNTY OF PLTKIN, STATE OF COLORADO, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 3: THENCE
S59°38'25"1V A DISTANCE OF 2118.48 FEET TO A REBAR & 2" ALUMINUM CAP
LS27936, BEING THE SOUTHWEST CORNER OF BURLINGAME RANCII SUBDIVISION
AS RECORDED IN THE PITTCIN COUNTY CLERK AND RECORDER'S OFFICE IN PLAY
BOOK 50 AT PAGE 88, THE POINT OF BEGINNING: THENCE N26°53'31"W ALONG
SAID WESTERLY LINE A DISTANCE OF 1216.83 FEET TO A REBAR& 2" ALUMINUM
CAP LS27936, THENCE LEAVING SAID WESTERLY LINE N89°38'56"W A DISTANCE
OF 34.80 FEET; THENCE S I5°42'07"E A DISTANCE OF 179.48 FEET; THENCE
S20°10'12"E A DISTANCE OF 156.23 FEET; THENCE S35°08'39"E A DISTANCE OF
269.26 FEET; THENCE S12°4713"E A DISTANCE OF 153.53; THENCE 60.69 FEET
ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 155.00 FEET
AND A CENTRAL ANGLE OF 22'25'36", THE CHORD OF WHICH BEARS S50`22'50"E A
DISTANCE OF 60.31 FEET: THENCE S75"03'33"W A DISTANCE OF 25.20 FEET;
THENCE 262.85 FEET ALONG THE ARC OF A CURVE TO TILE LEFT HAVING A
RADIUS OF 124.00 FEET AND A CENTRAL ANGLE OF 121°27'18", THE CHORD OF
WHICH BEARS S78"10'50"W A DISTANCE OF 216 33 FEET; THENCE 192.36 FEET
ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 148.00 FEET
AND A CENTRAL ANGLE OF 74°27'48", THE CHORD OF WHICH BEARS 519'18'14"E A
DISTANCE OF 179.11 FEET; THENCE S56°32114"E A DISTANCE OF 183.41 FEET;
THENCE 57.23 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A
RADIUS OF 202.00 FEET AND A CENTRAL ANGLE OF 16°13'54", THE CHORD OF
WHICH BEARS S45"09'32"E A DISTANCE OF 57.04 FEET TO A POINT ON THE
NORTHERLY LINE OF BUTTERMILK MEADOWS P.U.D./SUBDIVISION AS
RECORDED IN THE PITKIN COUNTY CLERK AND RECORDER'S OFFICE IN PLAT
BOOK 75 AT PAGE 99: THENCE NK8°20'00"E A DISTANCE OF 100.89 FEET: THENCE
CONTINUING ALONG SAID NORTHERLY AND IT'S EXTENSION THEREOF
N89"41'00"E A DISTANCE OF 130.00 FEET TO THE POINT OF BEGINNING; SAID
PARCEL OF LAND CONTAINS 5.34 ACRES, MORE OR LESS,
TRAIL EASEMENT
-TRAIL
EASEMENT
-- J
N
SC,ALE. = 400'
WEST
BUTTERMILK
ROAD
SKYBEAM RANCH SUBDIVISION
SECTION 3,TOWNSHIP 10 SOUTH,RANGE 85 WEST OF 6TH P.M
COUNTY OF PRgN,STATE OF COLORADO
TRUE NORTH TRUE NORTH COLORADO LLC
LAND SURVESING AND MAPPING COMPANS
COLORADO Po
Box 614 529 wiu)HORSE DRIVE
NEW
CASTLE COLORADO N%47
A LAND SURVEYING AND MAPPING COMPANY (970)984-0474
WWW truenorheolorado corn
PROLCI NO 2017-279DRTk
O4Tf IF^.I,nvl n.-na SURVEYED OFI