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HomeMy WebLinkAboutbocc.ord.025.2023AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, APPROVING THE AMENDED TRAIL EASEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND CRYSTAL BASIN HOLDINGS, LLC ORDINANCE NO. 025-2023 RECITALS WHEREAS, Pursuant to 30-35-301 C.R.S., the Board of County Commissioners ("BOCC") of Pitkin County, Colorado a Home Rule County is authorized to make and publish ordinances for carrying into effect or discharging the powers and duties conferred upon such counties by law and as seems necessary, and; WHEREAS, Pursuant to Section 2.8.1 of the Home Rule Charter ("HRC"), the BOCC is authorized to take official action by Ordinance for certain matters where action is prescribed pursuant to the Colorado Revised Statutes as amended, and; WHEREAS, The Voters of Pitkin County and the Pitkin County Commissioners established an Open Space and Trails Fund for the purposes of preserving and providing open space and trails resources, and established an Open Space and Trails Board of Trustees ("OSTB") to guide the expenditure of those funds and make recommendations to the BOCC, and; WHEREAS, The Open Space and Trails Program is charged with protecting agriculture, open space, habitat, scenic view planes, and recreational routes on public lands, and; WHEREAS, Crystal Basin Holding LLC (the "Grantor"), is the owner of a 221 acre property located at 4180 Coal Creek Road, aka Coal Basin Ranch, which includes several miles of public trails (the "Property"), and; WHEREAS, by Board of County Commissioner's Resolution No. 138-2018, the BOCC approved the Crystal Basin Holdings LLC Activity Envelope and Site Plan Review for Trails and Restoration ("2018 Site Plan and Activity Envelope"). Resolution No. 138-2018 is recorded in the real property records of the Pitkin County Clerk and Recorder's Office ("Records") as Reception No. 653618; and, WHEREAS, by Board of County Commissioner's Resolution No. 022-2023, the BOCC approved the Crystal Basin Holdings LLC Activity Envelope and Site Plan Review for Trails and Restoration ("2023 Site Plan and Activity Envelope") for an additional 5.5 miles of mountain bike and pedestrian trails to the existing trail system, and continue ecological restoration of the Property. Resolution No. 022-2023 is recorded in the Records as Reception No. 694393; and WHEREAS, pursuant to Resolution 022-2023, the Grantor is required to amend the existing Trail Easement for the Property recorded in the Records as Reception No. 656014; and 1111111011111111111111111111111111111111111111111111111111111111111111111 RECEPTION#: 699453 R: $0.00, D: $0.00 DOC CODE: ORDINANCE Pg 1 of 21, 12/20/2023 at 02:11:24 PM Ingrid K. Grueter, Pitkin County, CO WHEREAS, the Pitkin County Open Space and Trails Board reviewed the proposal and unanimously recommended that Pitkin County approve the 2023 Site Plan and Activity Envelope and accept the Trails as an asset at their regular meeting on April 6, 2023. WHEREAS, Grantor is desirous of amending the perpetual trail easement over and across the Property; and WHEREAS, 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 approving the amended trail easement between the Board of County Commissioners and Crystal Basin Holdings, LLC, 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. INTRODUCED AND FIRST READ ON THE 26TH DAY OF JULY, 2023 AND SET FOR SECOND READING AND PUBLIC HEARING ON THE 9TH DAY OF AUGUST 2023. NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE ORDINANCE PUBLISHED IN THE ASPEN DAILY NEWS ON THE 27TH DAY OF JULY, 2023. NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE ORDINANCE POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.pitkincounty.coin ) ON THE 27'1' DAY OF JULY 2023. ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE 9TH DAY OF AUGUST 2023. POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.pitkincount)..com ) ON THE 24TH DAY OF AUGUST, 2023. PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN DAILY NEWS ON THE 31 ST DAY OF AUGUST, 2023. ATTEST: BOARD OF COUNTY COMMISSIONERS By SA8' elAit,w Sam Engen Deputy County Clerk APPROVED AS TO FORM: Z06, Eli John Ely, County Attorney FnrnrRev,sed 01-01-2023 By: FrcuA,Git, 3acakr Francie Jacober, Chair Date: Aug-24-2023 MANAGER APPROVAL Jon Peacock, County Manager AMENDED TRAIL EASEMENT THIS GRANT OF AMENDED TRAIL EASEMENT is made and entered into this 1'-1 day of Ajf/u e.,T 2023, by and between CRYSTAL BASIN HOLDINGS, LLC, a Delaware limited liability company ("Grantor"), and the BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO ("Grantee" or "Pitkin County"), a body corporate and politic whose address is 530 East Main St., Suite 302, Aspen, Colorado 81611. Grantor and Grantee are sometimes referred to collectively herein as the "Parties." RECITALS WHEREAS, Grantor is the owner of certain real property located in Pitkin County, Colorado, as more fully described in Exhibit A and appended hereto ("Property"); and, WHEREAS, by Board of County Commissioner's Resolution No. 138-2018, the BOCC approved the Crystal Basin Holdings LLC Activity Envelope and Site Plan Review for Trails and Restoration ("2018 Site Plan and Activity Envelope"). Resolution No. 138-2018 is recorded in the real property records of the Pitkin County Clerk and Recorder's Office ("Records") as Reception No. 653618 and is appended hereto as Exhibit B; and, WHEREAS, by Board of County Commissioner's Resolution No. 022-2023, the BOCC approved the Crystal Basin Holdings LLC Activity Envelope and Site Plan Review for Trails and Restoration ("2023 Site Plan and Activity Envelope") for an additional 5.5 miles of mountain bike and pedestrian trails to the existing trail system, approved pursuant to Resolution No. 138-2019, and continue ecological restoration of the Property. Resolution No. 022-2023 is recorded in the Records as Reception No. 694393; and WHEREAS, pursuant to Resolution 022-2023, the Grantor is required to amend the existing Trail Easement for the Property recorded in the Records as Reception No. 656014; and WHEREAS, the Pitkin County Open Space and Trails Board reviewed the proposal and unanimously recommended that Pitkin County approve the 2023 Site Plan and Activity Envelope and accept the Trails as an asset at their regular meeting on April 6, 2023. WHEREAS, Grantor is desirous of amending the perpetual trail easement over and across said real property under the terms and conditions hereinafter specified; and WHEREAS, Grantee is desirous of accepting said amended trail easement. AGREEMENT NOW, THEREFORE, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor hereby grants and conveys to Grantee, its successor and assigns, the following amended trail easement as further described herein and subject to the following rights, terms, obligations, and reservations: 1 1. Grant of Amended Trail Easement. Grantor hereby grants, transfers, and conveys unto Grantee and its successors and assigns, for the use and benefit of the general public, a perpetual, non-exclusive easement in and to, upon, over, on, under, and across Grantor's Property, which easement is described as a ten foot (10') wide strip of land, being five feet (5') on either side of the centerline of the as -built trails, as shown on the 2018 Site Plan and Activity Envelope, and the 2023 Amended Site Plan for the Property which shall be recorded 90 days after the completion of the construction of the trails. The Trail Easement shall be for the installation, construction, operation, use, inspection, repair, and maintenance of trails over and across the Property in the locations set forth in Exhibit B (the "Trail Easement Area"). Use of the Trail Easement shall be exclusively non -motorized, except as may be required for maintenance and emergencies or otherwise provided in this instrument. The trails permitted within the Trail Easement Area (the "Trails") shall be soft -surfaced and constructed of permeable materials. Additional details concerning the Trails' management, occasional closures, and specifications are set forth herein, and may be further set forth in a management plan ("Coal Basin Trails, Operations & Management Plan"). 2. Trail Use Restrictions. (a) Public Use and Closures. Public use of the Trail Easement shall be exclusively for mountain biking, hiking, trail running, Nordic skiing, snowshoeing, and other non -motorized recreational uses provided for in the Coal Basin Trails, Operations & Management Plan as approved by Grantor. No motorized uses will be allowed on trails specified for mountain biking, although Classl/pedal assist E-bikes may be allowed following adequate study of the impact of this use and compatibility with existing uses. No dogs shall be permitted off leash for users of the mountain bike trails, and dogs shall be required to be leashed by users of the pedestrian trails. No other uses or activities are permitted. As determined by the Grantor and as set forth in the Coal Basin Trails, Operations & Management Plan, the Grantor may also enact temporary or seasonal closures as necessary for repairs to the Trails and maintenance and for the protection of ecological resources within or adjacent to the Trail Easement Area, including, but not limited to, erosion control, soil stabilization, and vegetation management, as set forth in the Coal Basin Trails, Operations & Management Plan. The monitoring and enforcement of any use restrictions and temporary or seasonal closures shall be exclusively by Grantor. (b) Trail Easement Care and Maintenance. Grantor hereby assumes complete responsibility for the maintenance of the Trail Easement Area and agrees to care for and maintain the Trails and Trail Easement Area in a clean and attractive condition and in good and safe order and repair, at its sole cost and expense. Grantor's maintenance responsibilities shall include, but not be limited to, trash and debris removal, keeping the Trails clear of undesired rocks, vegetation and other obstructions, improving or fixing eroded sections of the Trails and generally controlling erosion and water runoff from the Trail Easement Area, and general care and maintenance of the Trail Easement as may be set forth further in the Coal Basin Trails, Operations & Management Plan. Grantor agrees to use best management practices in the maintenance of the Trails and any improvements within the Trail Easement Area, and agrees to avoid damage to the land surrounding the Trails and Trail Easement Area and improvements thereon, and further agrees to promptly (and in no circumstance beyond thirty (30) days after damage) restore such land and improvements to the same or better condition they were in immediately prior to any damage that occurs outside of the designated easement area caused by Grantor or members of the public. Grantor agrees to monitor the Property for the creation of non- 2 system trails (trails not approved by BOCC Resolution No. 138-2018, BOCC Resolution No. 22- 2023, and the Coal Basin Trails, Operations & Management Plan) leading to United States Forest Service land and take any steps necessary to eliminate and restore any areas within the Property disturbed by the creation of non -system trails to discourage proliferation thereof. 3. Signs. Grantor may place and maintain a sign or signs on the Property, including at or along the Trails. The size of the signs, and the location, design and content of such signs shall be at Grantor's discretion and in accordance with applicable signage regulations. Grantor shall be responsible for the maintenance of any such signs. Signs may be placed on White River National Forest property with approval and cooperation of the USFS if deemed necessary and appropriate with regard to the use and operations proposed for the easement described herein. 4. Coal Basin Trails. Operations & Management Plan. This Trail Easement refers to the Coal Basin Trails, Operations & Management Plan, which shall be done at Grantor's expense, shall integrate the recommendations of the Pitkin County OST program, and shall be mutually approved by the Parties. The Coal Basin Trails, Operations & Management Plan may be amended by Grantor from time to time as appropriate. A discussion will occur with Pitkin County OST and the USFS before winter access to the trails is provided by Grantor. Additionally, a discussion will occur with the USFS regarding camping and road maintenance. The Parties shall clarify the role of the OST Ranger for enforcement and responsibilities with respect to the trails. 5. Termination of Easement. Grantee acknowledges that the construction, maintenance and oversight of the Trails on the Property is entirely the responsibility of Grantor. Additionally, the Parties agree that the County Code permits other uses on the Property and the Grantor may be desirous of using the Property for other allowed uses which may not be compatible with the Trails and/or public use of the Property beyond what is permitted on the United States Forest Service right- of-way. The Parties agree that this Trail Easement, or portions thereof, may be terminated by mutual written agreement of Grantor and Grantee, upon the following terms and conditions: (a) the Grantor shall provide the Grantee written notice of at least one -hundred eighty (180) days ("Notice Period") of its desire to terminate the Trail Easement ("Notice to Terminate"); and (b) any proposed uses for the Property, in lieu of the Trail Easement, at the time of termination must be consistent with the Pitkin County Code in effect at the time of termination and/or any application for any new land use approvals. If the Parties are unable to come to a mutual agreement and/or amendment to this Trail Easement and/or Coal Basin Trails, Operations & Management Plan, which would allow public use of the Trails to continue, including the option for Pitkin County to take over management and maintenance of the trails pursuant to Title XII of the Pitkin County Code, the Trail Easement shall terminate at the end of the Notice Period if the other terms and conditions of this Section 5 have been met. 6. Effect of Amendment. The Amended Trail Easement shall supersede and replace the Trail Easement recorded the Records as Reception No. 656014 in its entirety. 7. Insurance and Liability. It is the intention of the Grantor to make the Trails available to the public for the recreational purposes described above without charge and to limit the Parties' liability to persons entering thereon for such purposes. Grantor shall insure the Trail Easement granted herein and Trails, and name Grantee as an additional insured on such policy with coverage of no less than $5 million per claim or occurrence. Nothing herein shall constitute a waiver of Grantee's rights as provided in C.R.S. §§ 24-10-101, et seq., and specifically, as set forth 3 hereunder, Grantee shall not maintain or otherwise improve or be responsible for the maintenance or improvement of the Trail Easement or any portion of the Grantor's property. As set forth in Paragraph 2(c) above, Grantor shall have the sole right and responsibility for improvement and maintenance of the Trail Easement as well as all other portions of Grantor's property. Nothing herein shall constitute a waiver of Grantor's rights pursuant to Colorado's Recreational Use Statute, C.R.S. § 33-41-103, the latter of which provides that an owner of land who either directly or indirectly invites or permits, without charge, any person to use such property for recreational purposes does not thereby: (a) extend any assurance that the premises are safe for any purpose; (b) confer upon such person the legal status of an invitee or licensee to whom a duty of care is owed; or (c) assume responsibility or incur liability for any injury to person or property or for the death of any person caused by an act or omission of such person. The Parties expressly acknowledge that this Trail 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 this Trail Easement, Grantor shall have the obligation to indemnify Grantee in connection with any injury, claim, or damage to any person or property, whether alleged to have occurred as a result of use of the Trail Easement for public non- motorized travel or any other use, or due to the condition of the Trail Easement Area. 8. Notices. Any notice required or permitted under this Agreement shall be in writing and shall be hand -delivered or sent by registered or certified regular mail, postage pre -paid to the addresses of the parties as follows. Each party by notice sent under this paragraph may change the address to which future notices should be sent. Electronic delivery of notices shall also be deemed sufficient and considered delivered upon receipt of confirmation of delivery on the part of the sender. To Grantor Pitkin County: County Manager 530 East Main St., Suite 302 Aspen, Colorado 81611 Email: jQ peacocki;pitkinccpjsnty, (: To Grantor Crystal Basin Holdings: Greg Nelson P.O. Box 5027 Larkspur, CA 94977-5027 gregnelson@a,catena. group 9. Binding Effect: Covenants Running with the Land. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns forever and the benefits and burdens hereof shall constitute covenants running with the title to the County Property and the City Property, respectively. Notwithstanding anything to the contrary, this easement may be subject to existing easements of record or accruing under common law. 10. Attorney Fees. In the event legal remedies must be pursued to resolve any dispute or conflict regarding the terms of this Agreement or the rights and obligations of the parties hereto, the substantially prevailing party shall be entitled to recover costs incurred in pursuing such remedies, including expert witness fees and reasonable attorney fees. With copies to: Pitkin County Attomey's Office 530 East Main St., Suite 301 Aspen, Colorado 81611 Email: attorney@pitkincounty.com With copies to: 533 E. Hopkins Ave., Third Floor Aspen, CO 81611 Email: smo@a.okglaw.com 4 11. No Waiver of Governmental Immunity. Grantee, its directors, officials, officers, agents, and employees are relying upon and do not waive or abrogate, or intend to waive or abrogate by any provision of this Agreement the monetary limitations or any other rights, immunities, or protections afforded by the Colorado Governmental Immunities Act, C.R.S. §§ 24-10-101, et seq., as it may be amended from time to time. 12. No Assignment Without Written Consent. Grantee shall not, without first obtaining the prior written consent of Grantor, sell, assign, transfer, encumber, hypothecate, or sublease any or all of the rights, interests, or obligations under this Agreement. 13. Entire Agreement. This Agreement constitutes the entire agreement and understanding between the parties relating to the subject matter hereof. All preceding representations or agreements relating to the subject matter hereof, whether written or oral, are hereby merged into this Agreement. 14. Modification. No provision or term of this Agreement may be amended, modified, revoked, supplemented, waived, or otherwise changed except by a written instrument duly executed by the parties hereto or the parties' successors and/or assigns. 15. Severability. If any term or provision of this Agreement shall be held to be invalid or unenforceable by a Court with competent jurisdiction or by operation of statute, the remaining terms and provisions of this Agreement shall continue to exist and shall be valid and enforceable to the fullest extent permitted by law. 16. Waiver. Any waiver by either party hereto of any breach of any kind or character whatsoever by the other party, whether such shall be direct or implied, shall not be construed as a continuing waiver of or consent to any subsequent breach of this Agreement on the part of the other partY- 17. Default. Either party shall have the right to enforce the obligations of performance of the other party as contained herein through litigation seeking an award of damages or injunctive relief. 18. Counterparts. This Agreement may be executed in counter -parts and, as executed, shall constitute one agreement, binding on all of the parties hereto notwithstanding that all said parties are not signatory to the original or same counterpart. 19. Governing Law and Venue. This Agreement shall be governed 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. 20. Recordation. Upon execution by the parties, this Agreement shall be recorded in the real estate records of Pitkin County, Colorado. 21. Authority to Sign. 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. [Signature Page(s) Follow] 5 IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals as of the day and year first above written. GRANTOR: CRYSTAL BASIN HOLDINGS, LLC, a Delaware limited liability company elson, its Authorized Representative STATE OF SS. COUNTY OF Sep flu- Pukrea5_ i\cknkt5L,oly'\ The foregoing instrument was acknowledged Ere me this day of , 2023, by reg.' Nelson, as Authorized Representative for Crystal Basin Holdings, LLC, a Delawrcimited liability company. WITNESS my hand and ofeial seal. [SEAL] Notary Public My commission expires: 6 ALL-PURPOSE ACKNOWLEDGMENT 1 1 1 1 1 1 County of . _ 1V J11 1 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. 1 1 1 1 1 • 1 1 1 1 1 1 1 1 1 1 • 1 1 State of California On - 6USl 1 D_, . DA , before me, }Ss. _i'knift_iEA Mc 1.. personally appeared V R- A Lst0 4 1 1 1 1 1 1 1 1 8 , Notary Public, • 1 , who proved to me on the 1 basis of satisfactory evidence to be the person(s) whose name(s) israre subscribed to the within instrument and acknowledged to me that heshe'they executed the same in his. her'their authorized capacity(ies), and that by his'her.their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. r a► KATHLEEN M. MCMAHON A COIN. # 2383004 hi -: ►'-, '� NOTARY PII$uO-CAROM MA W �1s U N Comm Mr Carl. Exp. Nov.11, 202S E PLACE NOTARY SEAL IN A©.2', r S'AC I_ I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. NOTARY'S S ICNATURC OPTIONAL INFORMATION } The information below is optional. However, it may prove valuable and could prevent fraudulent attachment 0 of this form to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) 1 ❑,NDIVIDUAL 1 CORPORATE OFFICER IF - ❑ PARTNER(S) TITa.rIsl ❑ ATTORNEY -IN -FACT • ❑ GUARDIAN/CONSERVATOR • ❑ SUBSCRIBING WITNESS 1 ❑ OTHER: -. 0 1 1 SIGNER (PRINCIPAL) IS REPRESENTING: 8 • NAM="OFPLRSO ;S}ORLNTITYEIES) DESCRIPTION OF ATTACHED DOCUMENT rtkikoir TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES -C.; DA E OF DOCUMENT RIGHT THUMBPRINT OF SIGNER OTHER Top or Ihumhpnnt hrrc 1 1 1 8 1 1 1 1 • 8 1 1 8 1 1 • 8 1 • 1 • • • • 8 1 1 1 1 1 1 1 Af'A i NOTARY BONDS, SUPPLIES AND FORMS AT IITTP WWW VALLEY -SIERRA COM • 2005-20171ALLLY•SICi2RAINSURANCL 1 ACCEPTED and AGREED to by Grantee this _; day of LkusArvJac 2023. APPRRM: By: Ri STATE OF COLORADO COUNTY OF PITKIN ssistant County Attorney ) ss. This foregoing instrument was acknowledged before me this O` day of V)ecep `lr 2023, by Frar,,c1 e CA r Y as Milt— of THE BOARD OF COUNTY COMMISSIONERS OF TE COUNTY OF PITKIN, a body corporate and politic and subdivision of the State of Colorado. WITNESS my hand and official seal. My commission expires: 7 Samantha Engen NOTARY PUBLIC STATE OF COLORADO NOTARY IDS 20234045821 MY COMMISSION EXPIRES DECEMBER 7, 2027 EKtki rr 4— LEGAL DESCRIPTION The Land referred to in this policy is described as follows: A parcel of land situated In Sections 10, 11, and 15 all within Township 10 South, Range 89 West of the Sixth Principal Meridian, County of Pitkin, State of Colorado, being more particularly described as follows: Section 10: SE 'A SE 'A NE 'A SE %, SE'/, SE 'A, S'A S'/SW'/SE/, S'! S'/, S'h SW'/, Section 15: N%NW'/NW'/., N'hS%NW'/ NW'/. NE/iNW1A, N AS %NW'4NE'/., NhNW1ANE%. N ''A SW'/. NE'/. NE'/., N'Y NE'A NE'/., Section 11: SW'/ SW Excepting therefrom a parcel of land described as Reception No. 409040 on 1st of October 1997 in Pitkin County, being more particularly described as follows: Beginning at the Southwest 1/16 Comer of Section 11; thence South 00°06' East 1310.10 feet to the West 1/16th Comer of Sections 11 and 14; thence North 89'44' West along the Section line 475.00 feet: thence North 00.11' West 710.00 feet; thence West 50.00 feet; thence North 602.00 feet to the North line of the SW 'A SW 'A; thence along said North line of the SW 'A SW ''A South 89°31' East 525.00 feet, to the Point of Beginning. County of Pitkin, State of Colorado IFarm 5000000-C (7•1-14) Page 1 of 1 I Schedule C RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITIQN COUNTY, COLORADO GRANTING APPROVAL FOR THE CRYSTAL BASIN HOLDINGS LLC ACTIVITY ENVELOPE AND SITE PLAN REVIEW FOR TRAILS AND RESTORATION Resolution No. 022-2023 RECITALS 1. Pursuant to Section 2.8.4 (Actions) of the Pitkin County Home Rule Charter ("HRC"), all matters not required to be acted upon by ordinance or formal resolution may be acted upon by informal resolution. 2. Crystal Basin Holdings LLC (hereafter "Applicant") has applied to the Board of County Commissioners of Pitkin County, Colorado ("BOCCI to designate a series of Activity Envelopes and obtain Site Plan Review approval to add 5.5 miles of mountain bike and pedestrian trails to their existing trail system. The trails will be open to the public free of charge with a recorded easement held by the County. The Applicant is also proposing to update the existing Coal Basin Trails, Operations and Management Plan and continue the ecological restoration of the property. 3. The Applicant describes the intent of the trail system as follows: A. To provide recreation and access to the surroundings of the Coal Creek and Dutch Creek forested areas on the private property for the general public. Trail system will provide optimized experiences for mountain bikers ranging from beginner to expert skill levels. B. To provide access and opportunities for educational groups to teach skills, associated responsibilities, and ethics to the next generation of riders." 4. The subject property is located at 4180 Coal Creek Road and is more specifically described in Exhibit A. 5. The property is zoned RS-30 and is 221+/- acres. 6. Mid -Continent Resources operated a complex of underground coal mines in Coal Basin from early 1950s to 1991. More than 5,800 acres of lands previously owned by Mid -Continent Resources have been transferred into the ownership of the National Forest Service (NFS) as part of the White River National Forest (WRNF). The subject property is the remaining portion of the holdings of Mid -Continent Resources, and is surrounded by NFS land. The property was heavily impacted by the former industrial operation. Since the mines were closed, the property has been reclaimed, which included elimination of surface facilities, backfill, grading, drainage and seeding. Even with the reclamation work that has occurred, evidence of the mining operation remains. The lamp house is the only remaining mining Resolution No. 022-2023 Page 2 structure on the property. The property is traversed by old mining roads. The public is allowed to use Coal Basin Road for pedestrian, bicycle and equestrian access to the adjacent NFS lands; there are no seasonal restrictions on public use of the road, nor any restrictions on dogs. 7. The Hearing Officer granted 1041 Hazard Review approval pursuant to Determination No. 08-2002 to establish principal and accessory envelopes for a single family residence and a barn. The 1041 Site Plan was recorded in Plat Book 65 at Pages 95-96. The barn was built. The residence was not built, and the 1041 approval for the single family residence has lapsed. 8. In 2018 the BOCC approved 4.5 mile of mountain bike trails and other recreational amenities, BOCC Resolution No. 138, Reception No. 653618. The Resolution approved Activity Envelope and Site Plan Review for the trails and restoration. The Activity Envelope and Site Plan was recorded in Book 128, Page 80. The approval included a Restoration Plan and required a Trail Easement to run to the benefit of the County. The Trail Easement was recorded as Reception No. 656014. 9. The trails were constructed and opened to the public in 2021. 10. The Applicant proposes to add 5.5 more miles of trails to the existing system. The trails will provide for mountain bikers from beginner to expert. A pedestrian only trail will also be constructed. 11. The Applicant proposes to update the Coal Basin Trails, Operations and Management Plan and continue the ecological restoration that was started after the 2018 approval. 12. The Applicant requests an Activity Envelope and Site Plan review to establish envelopes for the development of new trails. 13. The BOCC considered the proposed application at a duly noticed public hearing on April 11, 2023 at which time evidence and testimony were presented to the BOCC. The BOCC voted to approve the Applicant's proposal. 14. The BOCC finds that the Applicant is committed to ongoing ecological restoration of the former Mid -Continent mine disturbance area. 15. The BOCC finds that the prior commitments have been accomplished and the Applicant is a good steward of the land. 16. The BOCC finds that the Applicant is willing to add the new trails to the existing Trail Easement dedicated to Pitkin County. 17. The BOCC finds that the proposed Activity Envelope and Site Plan review for the trails and restoration work are consistent with the applicable provisions of the Pitkin County Land Use Code, as amended, found at Sections 7-10-50 and 7-20 as follows: Resolution No. 022-2023 Page 3 A. Portions of the trail alignments encroach on slopes in excess of 30%. The proposed non - motorized trails will be located on land held in easement by the County, and prohibit motorized conveyance, therefore, development of the trails may occur on slopes in excess of 30%, pursuant to Sec. 7-20-20(f) of the Land Use Code. The trails will be built in accordance with sustainable trail design standards as outline in the Trail Restoration Guidelines, and will not subject users to hazardous conditions. In some areas the trails will be used to mitigate erosion and stabilize slopes. B. A short segment of the new trail, in the south east comer of the property, will be located within the riparian and wetland buffer of Dutch Creek, which may be permitted pursuant to Sec. 7-20-80(c)(1) of the Land Use code. The trails proposed in this area are located in an area that was significantly disturbed by mining activity. A new trail will not create adverse impacts. C. Restoration work is permitted in the riparian and wetland buffer of Dutch Creek, near the new trail in the SE corner of the property, pursuant to Sec. 7-20-80(c)(2). The Application proposes to seed and plant in the riparian area to restore disturbed areas, enhance existing riparian vegetation and reduce erosion. No work is proposed within Dutch Creek D. The property is not within any mapped wildlife habitat areas. E. The property is proximate to elk production habitat. It was confirmed in the 2018 review that steep slopes on the south side of Dutch Creek provide an adequate buffer from the recreational activity and the wildlife habitat. F. No trees greater than 6" d.b.h. will be removed within the Activity Envelopes. Any trees and shrubs greater than 4" d.b.h. that will be removed will be replaced on a 1:1 ratio. G. The property is within the scenic view protection area as seen from Coal Basin Road. No new buildings are proposed. The trails will have limited visual impact as seen from Coal Creek Road. The trails will utilize previously disturbed areas or will be constructed to meander through existing vegetation. H. The Operations and Maintenance Plan will be updated to integrate the recommendations of the Pitkin County OST program. I. No development is proposed within a riparian or wetland buffer. Portions of trails that require a drainage crossing will be located only on an existing or pre -approved culvert. 18. The BOCC finds that it is in the best interests of the citizens of Pitkin County to approve this Resolution. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Pitkin County, Colorado that it hereby approve the Crystal Basin Holdings LLC Activity Envelope and Site Plan Review subject to the following conditions, which shall run with the land and be binding on all successors in interest, and authorizes the Chair to sign the Resolution and upon the Resolution No. 022-2023 Page 4 satisfaction of the County Attorney as to form, execute any other associated documents necessary to complete this matter: 1. All material representations made by the Applicant in the application and in public meetings and hearings shall be adhered to and considered conditions of approval, unless otherwise amended by conditions. 2. Coal Basin shall incorporate Best Management Practices as guidelines that may evolve as deemed appropriate by Pitkin County Open Space & Trails in cooperation with property owner. 3. Prior to submission of an Earth moving/Clearing/Grubbing permit application, the Applicant shall be required to submit for approval by the County Attorney and Community Development an Activity Envelope and Site Plan in accordance with Land Use Code Section 2-30-20(g) and Application Manual Section 2.1.12. The above referenced approvals shall be a condition precedent to finalization and recordation. The Activity Envelope and Site Plan shall be amended as follows, prior to recordation: A. Include a note that actual disturbance to construct the trails within the Trail Envelopes shall be limited to 5' on each side of the established centerline of the trail. B. Include a note that trail work next to Dutch Creep in the SE comer of the property, will not encroach more than 30' from the high water mark of the Creek. 4. Within 90 days after completion of construction of the trails, the Applicant shall submit to Community Development for recordation an amended Site Plan that identifies the as -built location of the trails. 5. Concurrent with recordation of the Activity Envelope and Site Plan, the Applicant shall record an amended easement for public use of the trails. The Trail Easement shall run to the benefit of the County, shall be enforceable by the County, and may not be released or amended without the consent of the County. Prior to recordation, the Easement shall be submitted to the County Attorney and the Open Space and Trails Land Officer for review; accepted by the Open Space and Trails Board as an asset; and accepted by the Board of County Commissioners by Ordinance 6. The Amended Trail Easement shall include the following: A. A prohibition of dogs off leash for users of the mountain bike trails and require dogs on leash for users of the pedestrian trail. B. The following language regarding E-bikes: No motorized uses will be allowed on trails specified for mountain biking, although Class 1/pedal assist E-Bikes may be allowed following adequate study of the impact of this use and compatibility with existing uses. Resolution No. 022-2023 Page 5 C. Stipulate that discussion will occur with Pitkin County OST and the access to the Coal Basin trails is provided. D. Stipulate that discussion will occur with the USFS regrading maintenance. USFS before winter camping and road E. Clarify the role of OST Ranger for enforcement and responsibilities. 7. With the Earthmoving/Clearring/orubbing permit application, the Applicant shall: A. Submit a drainage and erosion control plan for review and approval by the Planning Engineer. The Applicant shall apply for and obtain a State Stormwater Permit, if applicable. All historic and natural drainage patterns shall be maintained. Stormwater shall be detained onsite and allow infiltration of runoffprior to discharge. B. Submit a detailed restoration and revegetation plan with appropriate native materials. C. Submit a tree mitigation plan if any trees with larger than 6" DBH are to be removed. D. Submit the 1996 Environmental Site Assessment by Harlan & Associates, Inc., including information regarding soils testing, and the August 27, 2007 Summary Report Coal Basin Mine Reclamation Projects by Steve Renner, Colorado Divisions of Reclamation, Mining and Safety to Environmental Health to review. E. Demonstrate that the trail construction will avoid areas where a soil cap has been placed as part of the reclamation, or, if a cap will be breached, then the Applicant shall provide a plan to replace the cap. 8. All plants used for landscaping and revegetation shall be native species. Areas disturbed by construction shall be re -vegetated within one growing season of the project's completion. 9. Trash /garbage shall be kept in an approved bear resistant container or enclosure. 10. No development shall occur outside of the approved Activity Envelopes. 11. The ponds shall be available for fire -fighting. 12. Any new fencing on the property shall comply with the following standards: A. Wood or pipe rail fencing shall employ three (3) rails or less, be the round or split rail type, shall not exceed fifty-four (54) inches in height above ground level, and twelve (12) inches in width (top view), and shall have at least eighteen (18) inches between the lower two (2) rails. B. Wire fencing must be three (3) strands or less. The top wire should be a twelve -point -five Resolution No. 022-2023 Page 6 (12.5) gauge twisted barbless type at a maximum height of forty-two (42) inches. The middle strands (which may be barbed) should be located a minimum twelve (12) inches apart and from the top wire preventing entanglement when mule deer jump over. The bottom strand should be sixteen (16) inches from the ground. C. Mesh or woven wire fences are prohibited, except when used for protection around isolated trees or clumps of trees. 13. Failure to comply with the conditions of this approval may result in revocation of this approval, or any subsequent permit(s) or approval(s) related to this property, or vested rights associated with this property. 14. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use Code, § 2-20-170 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall expire on April 11, 2026. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN DAILY NEWS ON THE 9th DAY OF MARCH 2023. ADOPTED ON THE 11TH DAY OF APRJL 2023. PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the Aspen Daily News on the 27th day of April, 2023. ATTEST: BOARD OF COUNTY COMMISSIONERS By: By: Frtu.&th, .our Julie Ely Francie Jacober, Chair Deputy County Clerk Date: Apr-1&-2023 APPROVED AS TO FORM: APPROVED AS TO CONTENT: lay,. Ely 5+I, . 0416(.f John Ely, County Attorney Suzanne Wolff, Community Development Director PLAN.0197.2023 PID# 2727-104-0 .004 EXHIBIT A • 1 • f., FirstAmerican Tide' Schedule C File No.: 15003443 Owner's Policy of Title Insurance ISSUED BY First American Title Insurance Company NUMBER 5011408.0019712e LEGAL DESCRIPTION The Land referred to in this policy is described as follows: A parcel of land situated in Sections 10, 11, and 15 all within Township 10 South, Range 89 West of the Sixth Principal Meridian, County of Pitkin, State of Colorado, being more particularly described as follows: Section 10: SE % SE'/. NE % SE '4 , SE '/a SE A S'/ S'/ SW %SE'4, S'/:S%S%SW%, Section 15: ,N'NW%NW%, N'r4S 'NW'4NW'/. NE'6 NW %, N'4 S'J NW'h NE'/, N'/:NW %NE'/, N'% SW'/. NE'/. NE'/., N % NE % NE'/., Section 11: SW'/ SW'/ Excepting therefrom a parcel of land described as Reception No. 409040 on 1st of October 1997 in Pitkin County, being more particularly described as follows: Beginning at the Southwest 1/16 Comer of Section 11; thence South 00°06' East 1310.10 feet to the West 1/16th Comer of Sections 11 and 14; thence North 89°44' West along the Section Tine 475.00 feet; thence North 00°11' West 710.00 feet; thence West 50.00 feet; thence North 602.00 feet to the North line of the SW '4 SW %; thence along said North line of the SW'/. SW'/. South 89631' East 525.00 feet, to the Point of Beginning. County of Pitkin, State of Colorado rForm 5000000-C (7-1-14 Page 1 or 1 Schedule C 0 C) 0, CO y a 3 t7 A O M. CD 0 O ` a, —I 0. V) 3 g[tar X k� Apt L FII •'fl ��- i. s� 9i E eA4.1 � nc on i:011! 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