The URL can be used to link to this page

Home My WebLink Aboutbocc.ord.032.20231111111 III1IllIIIIIIIIIIII1IJI1II1IIIOhI IHhJIPIIllO HIIIIJI11 RECEPTION#: 700293, R: $0.00, D: $0 00 DOC CODE: ORDINANCE Pg 1 of 11, 0210112024 at 02:14:57 PM Ingrid K. Grueter, Pitkin County, CO AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, AMENDING THE TRAIL EASEMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND WJWJ RANCH HOLDINGS, LLC ORDINANCE NO. 032-2023 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, by Pitkin County Board of County Commissioner's Ordinance No. 010-2015, the BOCC approved the purchase of a public trail easement. Ordinance No. 010-2015 is recorded in the real property records of the Pitkin County Clerk and Recorder's Office at Reception No. 621974; and, WHEREAS, the public trail easement was granted to Pitkin County on July 28, 2015, and recorded in the real property records of the Pitkin County Clerk and Recorder's Office at Reception No. 621980 and in the real property records of the Eagle County Clerk and Recorder's Office at Reception No. 201514291 (the "Trail Easement"); and, WHEREAS, the Glassier Open Space Management Plan was updated and adopted on December 8, 2020, and included an action item to utilize the Trail Easement and identify an alignment and construct a trail connecting Glassier Open Space and Nancy's Path , and; WHEREAS, the Open Space and Trails staff identified a more appropriate trail alignment that travels outside the 15' wide Trail Easement that would be more beneficial to user experience, vegetation and habitat, and is a more appropriate crossing of the existing Home Supply Ditch; and, ORDINANCE NO. 032-2023 WHEREAS, the Pitkin County Open Space and Trails Board reviewed the proposal and unanimously recommended that Pitkin County approve the trail easement amendment at their regular meeting on September 5, 2023. WHEREAS, the owner of the private property affected by the trail easement is desirous of amending the perpetual trail easement over and across their 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 amending the trail easement between the Board of County Commissioners and WJWJ Ranch 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 I ITH DAY OF OCTOBER, 2023 AND SET FOR SECOND READING AND PUBLIC HEARING ON THE 25TH DAY OF OCTOBER 2023. NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE ORDINANCE PUBLISHED IN THE ASPEN DAILY NEWS ON THE 12TH DAY OF OCTOBER, 2023. NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE ORDINANCE POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.pitkincounty.com ) ON THE 5TH DAY OF OCTOBER 2023. ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE 25TH DAY OF OCTOBER 2023. POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN COUNTY WEBSITE (mw1A.pitkincount).com) ON THE 26TH DAY OF OCTOBER, 2023. PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN DAILY NEWS ON THE 2ND DAY OF NOVEMBER, 2023. ORDINANCE NO. 032-2023 ATTEST: BOARD OF COUNTY COMMISSIONERS By S By: Frain.cit, jacal.ur Sam Engen Deputy County Clerk APPROVED AS TO FORM: 5a� ay Francie Jacober, Chair Date: Nov-02-2023 MANAGER APPROVAL John Ely, County Attorney Jon Peacock, County Manager Form Revrsed 01-01-2023 romp llhl lull Ilgl IIIO HMI minim n 1 unman nurse ...n meals ..eon RECEPTION#: 700292, R: $0.00, D: 90.00 DOC CODE: EASEMENT Pg 1 of 8, 02/01/2024 at 02:12:23 PM Ingrid K. Grueter, Pitkin County, CO AMENDED TRAIL EASEMENT THIS GRANT OF AMENDED TRAIL EASEMENT (this 'Amendment") is made and entered into this l7yday of cf 6R 2023. by and between WJWJ RANCH HOLDINGS. LLC, a Colorado 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 and Eagle Counties. Colorado, as more fully described in Exhibit A and appended hereto ("Property"); and. WHEREAS. by Pitkin County Board of County Conunissioner's Ordinance No. 010-2015. the BOCC approved the purchase of a conservation easement eliminating four approved homesite and a public trail. Ordinance No. 010-2015 is recorded in the real property records of the Pitkin County Clerk and Recorder's Office at Reception No. 621974; and, WHEREAS. the public trail easement was granted to Pitkin County on July 28. 2015. and recorded in the real property records of the Pitkin County Clerk and Recorder's Office at Reception No. 621980 and in the real property records of the Eagle County Clerk and Recorder's Office at Reception No. 201514291 (the "Trail Easement"); and, WHEREAS. the Glassier Open Space Management Plan was updated and adopted on December 8. 2020, and included an action item to utilize the Trail Easement and identify an alignment and construct a trail connecting Glassier Open Space and Nancy's Path , and; WHEREAS. the Open Space and Trails staff identified a more appropriate trail alignment that travels outside the 15' wide Trail Easement that would be more beneficial to user experience. vegetation and habitat. and is a more appropriate crossing of the existing Home Supply Ditch; and. WHEREAS. the Parties now intend to amend the Trail Easement by replacing the Description of Public Trail Easement, attached as Exhibit B, and Map of Public Trail Easement, attached as Exhibit C. with a depiction showing the as -built location of the trail and desired alignment. the Amended Trail Easement Alignment. attached as Exhibit D. The centerline of the as -built trail will become the centerline of the 15' wide easement. seven and one half feet (7.5') on either side of the centerline: and. WHEREAS. the Pitkin County Open Space and Trails Board reviewed the proposal and unanimously recommended that Pitkin County approve the trail easement amendment at their regular meeting on September 5.2023. WHEREAS, Grantor is desirous of amending the perpetual trail easement over and across said real property under the terms and conditions hereinafter specified; and 1 WHEREAS. Grantee is desirous of accepting said amended trail easement. AGREEMENT NOW. THEREFORE. for and in consideration of mutual promises and other good and valuable consideration. the receipt and sufficiency of which are hereby acknowledged. Grantor hereby grants and conveys to Grantee. its succeor and assigns. the following amended trail easement as further described herein and subject to the following rights, terms. obligations. and reservations: 1. The contents of Exhibit A and Exhibit B to the Trail Easement are hereby deleted and replaced in their entirety by the contents of Exhibit D. attached to this Amendment and made a part hereof. ?. In the event of a conflict between the terms of the Trail Easement and this Amendment. the terms of this Amendment shall prevail. 3. The Parties hereby ratify and confirm this modification to the exhibits of the Trail Easement. Nothing herein shall be construed to change or otherwise affect the effective date of the Trail Easement, and except as amended by this Amendment. the teens of the Trail Easement shall remain in full force and effect. 4. This Amendment shall be recorded in the real property records of the Clerk and Recorder of Pitkin County. IN WITNESS WHEREOF. the parties hereto have hereunto set their hands and seals as of the day and year first above written. 2 GRANTOR: WJWJ RANCH HOLDINGS, LLC. a Colorado limited liability company STATE OF C.OicvAdo ) ss. COUNTY OF P t E -Itir} ) The foregoing instrument was acknowledged before me this I el " 1" CC . 2023, by LoJzn 114. lViciags Authorized Representative for WJWJ Ranch Holdings. LLC. a Colorado limited liability company. WITNESS my hand and official seal. [SEAL] LAUREN ELIZABETH BULLARD NOTARY PUBLIC • STATE Or COLORADO NOTARY ID 2012401426E MY COMMISSION ExPIRES MAR 19, I024 day of Notary Public My conunission expires: 0 3Jf /i)0aL ACCEPTED and AGREED to by Grantee this _20 day of 1p 2023. eiley III, Assistant County Attorney STATE OF COLORADO ) ss. COUNTY OF PITKIN This foregoing instrument was acknowledged before me this 2,1:)+1^ day ofisrrp N 2023, by F1re.,k k �Vir_ as (fir- _ of THE BOARD OF COUNTY COMMISSIONERS OF E COUNTY OF PITKIN, a body corporate and politic and subdivision of the State of Colorado. WITNESS my hand and official seal. My commission expires: 1211IZ1 4 6 ;i'iioht tip Fngen ND1.11Y I. ;JC OF Ct. .ADO NUhwii :Di 204+1 MY COMMISSION LX,..RES CECEMBER 7, 2027 Public EXHIBIT A Legal Description LOTS 1, 2 AND 7 AND OPEN SPACE PARCELS A AND B, EMMA FARMS SUBDIVISION EXEMPI1ON, ACCORDING TO THE AMENDED FINAL PLAT (EAGLE COUNTY) AND AMENDED SUBDIVISION EXEMPTION PLAT(PI7KP1 COUNTY) RECORDED JULY 30, 2015IN PLAT BOOK 112 AT PAGE 13 (P17KIN COUNTY) AND RECORDED JULY 30, 2115 A5 RECEPTION NO.20151.1392 AND AMENDMENT THERETO RECORDED OCTOBER 19, 20LS AS RECEPTION NO. 424244 (PQKIN COUNTY) AND RECORDED JULY 30, 2015 A5 RECEPTION NO.26151420! (EAGLE COUNTY). COUMl7FS OF EAGLE AND PI17(IN, STATE OF COLORADO. aho known by meat and member as: EMMA ROAD BASALT C O 01612 EXHIBIT B Description of Public Trail Easement The following property located in Eagle County and Pitkin County, State of Colorado: A strip of land for the purpose ofa trail easement situate in Section 10, Tract 57, Township 8 South, Range 87 West of the 6' principal meridian, Counties of Eagle and I'itkin, State of Colorado, all bearings relative to a bearing ofN88°57'50" E along the south line of said Tract 57 between Angle Point 3 of said Tract 57, a USGLO brass cap in place and Angle Point 3 of Tract 64, u USGLO Brass Cap in place, said strip of land being fifteen (15) feet wide. seven and one hulf(7.5) feet to each side of the following described centerline: Commencing at said Angle Point 3 of Tract 57; thence along the south line of said Tract 57 N88'57'50" E 376.30 feet to the True Point of Beginning; thence departing said south line N22°12'27" W 729.81 feet; thence N00°06'24"W 91.36 feet, thence N13°49'53"W 221.56 feet; thence N I4° 17'32"W 60.73 feet; thence N09° 12'25"W 150.96 feet; thence N 11 D46'02"W 169.93 feet; thence N 18°26'S0"W 196.35 feet; thence N00° 13'51 "W 50.1 1 feet; thence N25°07'29"W 64,94 feet; thence N38303'08"W 281.71 feet; thence N 18°02'26"W 85.78 feet; thence N l8°32'46"W 136.70 feet; thence N43°09'53" 180.91 feet; thence N I3°46'36" East 395,39 feet; thence N27°21' I8"W 121.47 feet to a point on the south line of Tract 54, the point of terminus, side lines to be lengthened or shortened to close with property lines. LESS AND EXCEPT any portion of the above described casement which is located on property owned by Pitkin County. 6 EXHIBIT C Map of Public Trail Easement 7 • Exhibit D Amended Trail Easement Alignment - Amended Trail Easement Alignment Existing Recreation Easement A 0 100 200 400 Feet