HomeMy WebLinkAboutbocc.ord.010.2004495415
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AN ORDINANCE OF THE COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO, APPROVING JOINT ACQUISITION THE PARKER TRAIL AND
PARKING EASEMENT AND JOINT INTEREST IN PARKER CONSERVATION
EASEMENT
ORDINANCE # 0__10
RECITALS
The Pitkin County Open Space and Trails Board of Trustees is charged with the
responsibility of acquiring open space properties, and;
The Pitkin County Open Space and Trails Board of Trustees has designated
certain types of properties as priority acquisitions, with scenic lands, habitat and
· recreational lands as priorities.
One objective of the Open Space Program is to secure public access rights across
private land to adjacent public land.
Virginia Parker is the owner of the Happy Day Ranch. She has agreed to sell the
County a parking and trail easement that would create a recreational connection
between Emma Road and adjacent BLM land on Crown Mountain above Emma.
The trail easement would follow an existing "social" trail and connects to BLM
land and to the Bracket Property on the "Crown" summit, which was purchased
by the Open Space Program in 2002. ,~*~,.,*//i-rrnc,,~e.~ ~ ~'xff/~t 'r- ~ ~"
On February 10, 2004, Ms Parker conveyed a conservation easement (Reception
Number 494430 in the Official Records of Pitkin County) on 25.5 acres through
which this a part of this trail easement would go, to the Aspen Valley Land Trust
(AVLT). Ms Parker and AVLT have agreed that if the County purchases the
trail easement that it will also be assigned and interest in the conservation
easement as co-grantee.
On February 5, 2004, The Open Space and Trails Board recommended, via a
formal motion, that the County expend $15,000 from the Open Space Fund for an
Option Agreement for the acquisition of a Trail and Parking Easement, provided
that the County is also partially assigned AVLT's interest in the Conservation
Easement prior to any payment on the Option Agreement.
$I:.VIA I)AVI$ PITKIN COUNTY CO R 0.00
495415
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NOW THEREFORE, BE IT ORDAINED, by the Board of County Commissioners of Pitkin
County, Colorado as follows:
The Board approves an expenditure of $15,000 for the purchase of an Option
Agreement for purchase of a trail and parking easement. This expenditure in
conditioned upon the Aspen Valley Land Trust first assigning a partial interest in a
conservation easement executed by Parker on February 10, 2004 to Pitkin County
(Reception Number 494430 in the Official Records of Pitkin County), to be held has
co-grantee with AVLT. The Board approves the County's acceptance of a joint
interest in this conservation easement.
The Chair is authorized to execute an Option contract with an initial payment of
$15,000 and a final payment of $10.00, to effectuate this purchase after approval of
the same by the County Attorney and Open Space Director.
Prior to the County closing on the Option Agreement, the County Wildlife Officer
shall advise the Open Space Board and Board of County Commissioners regarding
potential negative wildlife impacts on managed use of the resulting trail.
4. That adjustments be made to the year 2004 budget as follows:
I OPEN SPACE AND TRAILS FUND
Parker Trail Acquisition
Previous Revised
Budget This Change Proi Budget
$ $ $
0 $15,000 $15,000
OPEN SPACE AND TRAILS FUND TOTAL
NET REVENUE (EXPENDITURES) CHANGE
$15,000
INTRODUCED, FIRST READ, AND APPROVED ON THE 25th DAY OF
FEBRUARY, 2004.
NOTICE OF PUBLIC HEARLNG PUBLISHED IN THE WEEKEND EDITION
OF THE ASPEN TIMES ON THE~WDAY OF ~-~'j,, , 2004f
APPROVED AT SECOND READING AND PUBLIC HEARING ON THE 10th
DAY OF MARCH, 2004.
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JANICE K VOS CAUDILL PITKIN COUNTY CO R 0.00 D 0.00
PUBLISHED AFTER ADOPTION IN THE WEEKEND EDITION OF THE
ASPEN TIMES ON THE a~O~ DAYOF .~~2~-~
ATTEST:
Jeal ,tte Jones /
De tty Clerk
BOARD OF COUNTY
COMMISSIONERS
OF PITKIN COUNTY, COLORADO
Dorothea Farris
Chair
Date: _ ~ - /d -~
APPROVED AS TO FORM:
John Ely iii
Open Space and Trails Program
County Manager
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EXHIBIT A
Description for Parker Conservation Easement
Lot 1, HAPPY DAY RANCH, according to the final plat recorded June 29, 1989, in Plat
Book 22 Page 80 as Regeption No. 312907
Description for Parker Trail Easement
A trail across Lots 1 and 2, HAPPY DAY RANCH, according to the final plat recorded
June 29, 1989, in Plat Book 22 Page 80 as Reception No. 312907, in the approximate
location o£the existing "social" trail and existing driveway. The two parking spots will
be located on Lot 2 of the above mentioned platted subdivision, adjacent to the existing
driveway.
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Parker Trail Easement
PUBLIC TRAIL AND PARKING EASEMENT
THIS PUBLIC TRAIL AND PARKING EASEMENT (the "Easement"), made
and entered into this o2.b~day off,m,_, 2005, by and between PARKER JUNIPER
LLLP, a Colorado Limited Liability Limited Parmership, PARKER SAGE LLLP, a
Colorado Limited Liability Lim/ted Partnership, BARBARA LOUIS SCOTT
REVOCABLE TRUST DATED APRIL 3, 1989, and VIRGINIA JONES PARKER
AND PARKER BINDWEED LLLP, a Colorado Limited Liability Limited Partnership
(collectively referred to as "Grantor"), and the BOARD OF COUNTY
COMMISSIONERS OF PITKIN COUNTY, COLORADO, a body corporate and politic
("Grantee"),
RECITALS:
1. Grantor is the record owner of certain real property located in
Pitkin County which lies between Emma Road and adjacent federal public lands.
2. Grantor has agreed to convey a public, non-motorized Trail and Parking
Easement as more fully described in Exhibit A and depicted by the map on Exhibit B;
and
3. Grantor desires by this instrument to establish and to grant to Grantee a
perpetual Trail and Parking Easement over the property of Grantor which would connect
Emma road to adjacent federal public land, and provide limited parking, as described in
Exhibits A and B. Motorized use shall be limited to the existing driveway between
Emma Road and the parking area as identified on Exhibits A and B, attached hereto.
4. Grantee desires by this instrument (a) to accept said Trail and Parking
Easement subject to the restrictions set forth herein, and (b) 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 are hereby acknowledged, Grantor and Grantee agree as
follows:
1. Grant of Public Trail and Parking Easement. Grantor hereby grants,
transfers and conveys unto Grantee and its successors and assigns, for the use
and benefit of the general public a 15' wide non-exclusive perpetual Trail
Easement to be located as depicted on Exhibit A. Use of the trail easement shall
be exclusively non-motorized except for access to the parking area across that
portion of the trail easement between Emma Road and the parking area, as
traversing Parcel A and a portion of Parcel B only, as further depicted on
Exhibit B. Grantor also
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Parker Trail Easement
hereby grants, transfers and conveys unto Grantee and its successors and
assigns, for the use and benefit of the general public a 15' by 30' Parking
Easement as located adjacent to "the Barn" depicted on "Parcel B" on
Exhibit B.
2. Grantee hereby accepts the Public Trail and Parking 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 Public Trail and
Parking Easement insofar as such activities may be allowed or required by this
Easement.
3. Trail and Parking Use Restrictions.
(a) Public use of the Trail Easement shall be exclusively for hiking,
horseback riding, and nordic skiing. No bicycles, dogs, or other uses or activities
are permitted whatsoever, except that access to vehicles is provided on Parcels A
and B between Emma Road and the Parking Area. Public use of the Parking Area
shall be limited to no more than two motor-vehicles, and no vehicles may remain
in said parking area between 8 pm and 6 am. Grantee may further restrict the
public uses allowed by this Easement, including limitations on the times and
numbers of visitation, if such restrictions are necessary for the protection of
ecological resources including, but not limited to, wildlife and vegetation on
adjacent public lands.
(b) The Public Trail and Parking Easement is hereby declared to be
part of the Pitkin County Trail System, and the use of the Public Trail and
Parking Easement shall also be governed by the rules and regulations and other
provisions of Title XII of the Pitkin County Code, as said Title XII may be
amended or recodified from time to time, provided always that the provisions of
this Public Trail and Parking Easement shall control wherever they are more
restrictive than the provisions of said Title XII.
(c) Trail and Parking Easement Care and Maintenance. Grantee
hereby assumes complete responsibility for and agrees to care for, groom and
maintain the Public Trail and 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 Grantor, assigns, or its successor in
interest in the ownership of the underlying real property in which case Grantor or
its successor in interest, shall perform the maintenance or care so required
provided however that Grantor is not responsible for said damage if caused by
livestock, horses or third parties. Grantee's maintenance responsibilities shall
include, but not be limited to, trash and debris removal, keeping the Trail and
Parking clear of rocks, vegetation and other obstructions, grooming as needed,
controlling erosion and water runoff, and general care and maintenance.
Parker Trail Easement
Grantee may install turnstiles or other similar structures to insure that
livestock enclosures are secure despite the passage of the trail through them.
Grantee may further install a bicycle rack at the parking area. The design of any
such structure shall be subject to the approval of the grantor, such approval not
to be unreasonably withheld.
4. Enforcement. Grantee 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.
5. Grantor's immunity and Grantee's Obligation to insure. The parties
expressly acknowledge that the Public Trail and Parking 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 Public Trail and
Parking Easement, Grantor shall have no obligation to repair, clear or otherwise
maintain the area within the Public Trail and Parking Easement, or to insure or
indemnify Grantee or the public for any injury, claim or damage to any person or
property, whether alleged to have occurred as a result of use of the Public Trail
and Parking Easement for public non-motorized travel or otherwise, or due to the
condition of the Public Trail and Parking Area.
Grantee further agrees to add Grantor (and its successors and assigns in
the ownership of the underlying real property traversed by the Public Trail and
Parking Easement, or any part thereof) as additional named insureds on its
comprehensive general liability insurance policy, which insurance shall be
maintained by the Grantee to provide protection against liability from claims
arising out of the use of the Public Trail and Parking Easement. Such insurance
shall be carried in amounts not less than the liability limits specified in C.R.S.
Section 24-10-114(0, as it may be amended from time to time, and shall provide
Grantor and her successors and assigns with thirty (30) days advance written
notice prior to cancellation or termination. Grantee shall, upon written request
therefore from Grantor or any successor or assign, provide a Certificate of
Insurance as verification of compliance with these requirements.
6. Attorneys' Fees. In the event the interpretation or enforcement of
this Public Trail and Parking Easement should ever become the subject of
litigation between Grantor (or her successors and assigns in the record ownership
of the underlying real property traversed by the Public Trail and Parking
Easement, or any part thereof) and Grantee, the prevailing party shall be entitled
to an award of its reasonable costs and attorneys' fees incurred in connection
therewith.
7. Binding Effect. This Easement shall be binding upon and inure to
the benefit of the parties hereto and their respective heirs, personal
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Parker Trail Easement
representatives, successors and assigns forever including all future record owners
of the underlying real property traversed by the Public Trail and Parking
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
Public Trail and Parking Easement. This Easement may only be amended by a
writing signed by Grantee and by the then-record owners of the underlying real
property traversed by the Public Trail and Parking Easement.
8. The Public Trail and Parking Easement is conveyed by the following
entities as to the respective parcels identified on Exhibit A; Parker Juniper
LLLP is conveying the easement across Lot 1, Parker Sage LLLP is conveying
the easement across Lot 2, The Barbara Louise Scott Revocable Trust Dated
April 3, 1989 is conveying the easement across Parcel A, and the Virginia Jones
Parker and Parker Bindweed LLLP is conveying the easement across Parcel B.
IN WITNESS WHEREOF, the parties have hereunto set their hands and
seals as of the day and year first above written.
GRANTOR:
AstoLotl ~"~ --. <7~
By: K./x J3D I .~.kO~ GtO~,J"-~
Virginia Parker, Markging Partner
Parker Juniper LLLP
STATE OF COLORADO
COUNTY OF PITKIN
The foregoing instrument was acknowledged before
,2005, by /.~/ga,¼ ~,~
Witness my hand and official seal.
My commission expires:
Notary Public
As to Lot 2
Virginia Parker, Managing Partner
Parker Sage LLLP
me this ~'///day of
STATE OF COLORADO
COUNTY OF PITKIN
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JANICE K VOS C~IUDILL PITKIN COUNTY CO R 0.00 D 0.00
Parker Trail Easement
The foregoing instrument was ackno~vledged before me this of
.~/j~ ,2005, by ~f~/q/h~. ~r~r~ ~/'~ffday
Witness my hand and official seal. "'~::'
My commission expires: //9//~//~0'~ ~
Notary Public
As [o~el~_
Barb~a Louise Scott ' -
Barbara Louise Scott Revocable Trust Dated April 3, 1989
STATEOF . .-~, )
) SS.
COUNTY OF ~ )
The foregoing instrument was acknowledged before me this
,2005, by 12~o-{ ~0o.c~ ~,,_~-~ S, .,'+q
Witness my hand and official seal.
day of
My commission expires: g/~
~o~' Not~ Pu~ y
~ ~ . I ~~mY~ES~P~s I
~ ~ AS to ~6¢] B % - ~ ~ I ~ ~T~Y PUBLIC- ARI~ I
--,~ ~ V,rg,ma P~ker, Mmag~g P~er
~r Virgiffia Jones P~ker ~d P~ker Bindweed LLLP
STATE OF COLORADO )
COUNTY OF PITKIN )
~The foregoing instmmenLwas acknowledged before me this
C~ ,2005, by [//~/q/~ [~ ~ F/~c'F~ ~ day of
Witness my hand and official seal.
My commission expires:
II lll II II I lll I lll II II II
Parker Trail Easement
GRANTEE:
Board ofj~ounty Commissioners of Pitkin County, Colorado
By: ~/~ /~-tO-- ~ 0~-2,~-~2~"
Patricia K. Clapper, (3~air
ATTEST:
Deputy Clerk and Recorder
Approved as to Form:
Mm3ager Apl~oval , ~)
Hilary ~th, County }~l~anager
Recommend for AnoroV~
Dkl~"-L. Will', Dii~t~ ~
Open Space ~d Trails
COUNTY OF PITKIN )
The foregoing instrmnent was acknowledged before me this~~ day of
.,'~'~(~~, 2005, by Patricia K. Clapper as Chair of the Board of County
~rs of Pitkin County, Colorado, and attested to by Jeanette Jones as Deputy
~~aOrder of Pitkin County, Colorado.
l~,~l~~_~ m yhand and officials e al.
' ~(° :mmission expires:
Noq~5' Pubhc
05/31/2005 02:4~
SILVIA DAVIS PITKIN COUNTY C0 R 0.00 D 0.00
EXHIBIT "A"
HAPPY DAY RANCH - LOT 1
Trail Easement
A trail easement within Lot 1 as described on the Final Plat of Happy Day Ranch, recorded at
Book 22 Page 80 in the Pitkin County Clerk and Recorders Office, also being situated in Tracts
64 and 65, Township 8 South, Range 87 West of the Sixth Principal Meridian, County of Pitkin,
State of Colorado being more particularly described as follows:
Said easement shall be a strip fifteen feet (15') in width, extending seven and a half feet (7.5')
either side of the following described centerline in such a manner that all side lines of said strip
shall be lengthened or shortened at all angle points and at the point ofbegirming and the point of
terminus the side lines shall be lengthened or shortened as necessary to form a continuous strip
exactly fifteen feet (15') in width.
Beginning at a point on the Easterly line of said Lot 1, Happy Day Ranch, also being the
Westerly line of Parcel B, said Happy Day Ranch, from whence AP 5 of said Tract 65 bears
N23°13'24"W a distance of 537.10 feet with all bearings being relative to S89°04' 13"W along
the Northerly line of Lot 1 and Parcel B of said Happy Day Ranch also being the bearing between
a found monument at said AP 5 of Tract 65 and the true location to AP2 of said Tract 64 from
found Reference Points; thence N58°13'35"W a distance of 29.07 feet; thence 237.21 feet along
the arc of a curve to the left having a 678.45 foot radius, with a central angle of 20°01 '57' and
subtending chord beating N68°14'34'W a distance of 236.00 feet; thence N78°15'32"W a
distance of 124.24 feet; thence 173.78 feet along the arc of a curve to the right having a 365.32
foot radius, a central angle of 27°15'22'' and a subtending chord bearing N64°37'5 I'"'W a
distance of 172.15 feet; thence N5 l°00'10'"'W a distance of 10.69 feet;; thence 117.05 feet
along the arc ora curve to the right having a 180.03 foot radius, a central angle of 37°15'08'' and
a subtending chord beating N32°22'36"W a distance of 115.00 feet; thence N13°45'02"W a
distance of 50.01 feet; thence 113.88 feet along the arc of a curve to the left having a 125.22 foot
radius, a central angle of 52°06'28" and a subtending chord beating N39°48' 16"W a distance of
110.00 feet; thence N65°51 '30"W a distance of 42.12; thence 61.91 feet along the arc ora curve
to the left having a 80.73 foot radius, a central angle of 43056, 16" and a subtending chord
beating N87°49'38"W a distance of 60.40 feet; thence S70°12'14"W a distance of 41.32; thence
34.30 feet along the arc of a curve to the right having a 53.96 foot radius, a central angle of
36°25'37'' and a subtending chord beating S88°25'03"W a distance of 33.73 feet; thence
N73°22'09"W a distance of 39.35 feet; thence 31.47 feet along the arc of a curve to the left
having a 40.96 foot radius, a central angle of 44°01 '18" and a subtending chord bearing
S84°37' 12"W a distance of 30.70 feet; thence S62°36'33"W a distance of 21.44 feet; thence
10.08 feet along the arc of a curve to the right having a 22.41 foot radius, a central angle of
25o47'00'' and a subtending chord beating S75°30'03"W a distance of 10.00 feet; thence
S88°23'33"W a distance of 35.67 feet; thence 10.06 feet along the arc of a curve to the right
having a 26.58 foot radius, a central angle of 21°41 '01" and a subtending chord beating
S39°21 '47"W a distance of 24.00 feet; thence S25°24' 14"W a distance of 30.84 feet; thence
25.05 feet along the arc ora curve to the right having a 113.87 foot radius, a central angle of
12°36'15" and a subtending chord beating S31 °42'22"W a distance of 25.00 feet; thence
S38°00'30"W a distance of 20.55 feet; thence 30.25 feet along the arc of a curve to the left
having a 68.27 foot radius, a central angle of 25°23'12" and a subtending chord beating
S25°18'54"W a distance of 30.00 feet; thence S12°37'18"W a distance of 57.28 feet; thence
25.37 feet along the arc of a curve to the right having a 42.99 foot radius, a central angle of
33048, 15" and a subtending chord bearing S29°31 '26"W a distance of 25.00 feet; thence
S46°25'33"W a distance of94.11 feet;~ thence 10.06 feet along the arc ora curve to the left
having a 26.91 foot radius, a central angle of 21°25'05'' and a subtending chord bearing
S35°43'01"W a distance of 10.00 feet; thence S25°00'28"W a distance of 26.51 feet; thence
10.06 feet along the arc of a curve to the right having a 26.02 foot radius, a central angle of
22°09'22" and a subtending chord bearing S36°05'09"W a distance of 10.00 feet; thence
S47°09'50"W a distance of 34.22 feet; thence 28.38 feet along the arc of a curve to the right
having a 41.36 foot radius, a central angle of 39°19'13'' and a subtending chord bearing
S66°49'26"W a distance of 27.83 feet; thence S86°29'03"W a distance of 65.32 feet; thence
70.01 feet along the arc of a curve to the left having a 58.44 foot radius, a central angle of
68°38'51" and a subtending chord beating S52°09'37"W a distance of 65.90 feet; thence
S 17°50'1 i"W a distance of 66.37 feet; thence 20.48 feet along the arc of a curve to the right
having a 27.20 foot radius, a central angle of 43°08'47TM and a subtending chord bearing
S39°24'35"W a distance of 20.00 feet; thence S60°58'58"W a distance of 79.81 feet; thence
15.77 feet along the arc of a curve to the left having a 14.46 foot radius, a central angle of
62o29'32'' and a subtending chord bearing S29°44' 13"W a distance of 15.00 feet; thence
S01°30'33"E a distance of 9.40 feet to a point on the Southerly line of Lot 1 and the point of
terminus, said point also being on the Northerly line of Lot 2, Happy Day Ranch from whence
the found monument at said AP 5 of Tract 65 bears N64°57'00"E a distance of 1478.88 feet.
HAPPY DAY RANCH - LOT 2
Trail Easement
A trail easement within Lot 2 as described on the Final Plat of Happy Day Ranch, recorded at
Book 22 Page 80 in the Pitkin County Clerk and Recorders Office, also being situated in Tract
65, Township 8 South, Range 87 West of the Sixth Principal Meridian, County of Pitkin, State of
Colorado being more particularly described as follows:
Said easement shall be a strip fifteen feet (15') in width, extending seven and a half feet (7.5')
either side of the following described centerline in such a manner that all side lines of said strip
shall be lengthened or shortened at all angle points and at the point of beginning and the point of
terminus the side lines shall be lengthened or shortened as necessary to form a continuous strip
exactly fifteen feet (15') in width.
Beginning at a point on the Northerly line of said Lot 2, also being the Southerly line of Lot 1,
Happy Day Ranch, from whence AP 5 of said Tract 65 bears N64°57'00"E a distance of 1478.88
feet with all bearings being relative to S89°04' 13"W along the Northerly line of Lot 1 and Parcel
B of said Happy Day Ranch also being the bearing between a found monument at AP 5 of Tract
65 and the tree location to AP 2 of Tract 64 from found Reference Points; thence S01°30'33"E a
distance of 25.46 feet; thence 24.28 feet along the arc ora curve to the right having a 27.85 foot
radius, with a central angle of 49°56'56'' and subtending chord beating S23°27'54"W a distance
of 23.52 feet; thence S48°26'22"W a distance of 26.33 feet; thence 62.53 feet along the arc ora
curve to the left having a 108.47 foot radius, with a central angle of 33°01 '52" and subtending
chord bearing S31°55'26"W a distance of 61.67 feet; thence S15°24'30"W a distance of 46.50
feet; thence 20.33 feet along the arc of a curve to the right having a 32.46 foot radius, with a
central angle of 35°52'54'' and subtending chord bearing S33°20'57"W a distance of 20.00 feet;
thence S51°17'24"W a distance of 39.78 feet; thence 28.73 feet along the arc of a curve to the
left having a 128.75 foot radius, with a central angle of 12°47'06" and subtending chord bearing
S44°53'5 I"W a distance of 28.67 feet; thence S38°30' 17"W a distance of 27.93 feet to a point
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SILVIA DA¥IB PlTKIN COUNTY CO R 0.00 D 0,00
on the Westerly line of said Lot 2 and the point of terminus from whence the found monument at
said AP 5 of Tract 65 bears N59°43'16"E a distance of 1728.62 feet.
HAPPY DAY RANCH - PARCEL A
Trail Easement
A trail easement within Parcel A as described on the Final Plat of Happy Day Ranch, recorded at
Book 22 Page 80 in the Pitkin County Clerk and Recorders Office, also being situated in Tract
64, Township 8 South, Range 87 West of the Sixth Principal Meridian, County of Pitkin, State of
Colorado being more particularly described as follows:
Said easement shall be a strip fifteen feet (15') in width, extending seven and a half feet (7.5')
either side of the following described centerline in such a manner that all side lines of said strip
shall be lengthened or shortened at all angle points and at the point of beginning and the point of
terminus the side lines shall be lengthened or shortened as necessary to form a continuous strip
exactly fifteen feet (15') in width.
Beginning at a point on the Northeasterly line of said Parcel A, Happy Day Ranch, also being a
boundary line of Parcel B, Happy Day Ranch, from whence
the Northerly comer of said Parcel A bears N43°46'37"W a distance of 13.99 feet; with all
beatings being relative to S89°04' 13"W along the Northerly line of Parcel B and Lot 1 of said
Happy Day Ranch also being the beating between a found monument at AP 3 and the true
location to AP 2 of said Tract 64 from found Reference Points; thence S42°02'24"W a distance
of 10.57 feet; thence 32.11 feet along the arc ora curve to the right having a 32.10 foot radius, a
central angle of 57°18'54" and a subtending chord beating S70°41 '51"W a distance of 30.79 feet
to a point on the Northwesterly line of said Parcel A, said point also being on the boundary line
of said Parcel B and the point of terminus, from whence said Northerly comer of Parcel A bears
N43°14"35"E a distance of 38.61 feet.
HAPPY DAY RANCH - PARCEL B
Trail Easement
A trail easement within Parcel B as described on the Final Plat of Happy Day Ranch, recorded at
Book 22 Page 80 in the Pitkin County Clerk and Recorders Office, also being situated in Tract
64, Township 8 South, Range 87 West of the Sixth Principal Meridian, County of Pitkin, State of
Colorado being more particularly described as follows:
Said easement shall be a strip fifteen feet (15') in width, extending seven and a half feet (7.5')
either side of the following described centerline in such a manner that all side lines of said strip
shall be lengthened or shortened at all angle points and at the point of beginning and the point of
terminus the side lines shall be lengthened or shortened as necessary to form a continuous strip
exactly fifteen feet (15') in width.
Beginning at a point on the Northerly line of said Parcel B, Happy Day Ranch, also being the
Southerly line of Tract 57 and Tract 58, from whence a Reference Point to AP 2 of said Tract 64
bears S89°05'21"W a distance of 12.35 feet and from whence a Reference Point to said AP 2 of
Tract 64 bears N11°36'29"E a distance of 32.57 feet with all beatings being relative to
S89°04, 13"W along the Northerly line of said Parcel B and Lot 1 of said Happy Day Ranch also
being the beating between a found monument at AP 3 of Tract 64 and the true location to AP 2
of Tract 64 from said Reference Points; thence S27°17'29"W a distance of 314.94 feet; thence
53.20 feet along the arc ora curve to the left having a 150.39 foot radius, with a central angle of
20016'02'' and subtending chord beating S17°09'28"W a distance of 52.92 feet; thence
S07°01'27"W a distance of 59.03 feet; thence 110.80 feet along the arc of a curve to the right
having a 181.29 foot radius, a central angle of 35 °00'56" and a subtending chord beating
S24°31 '55"W a distance of 109.08 feet; thence S42°02'24"W a distance of 478.44 feet to a point
on the boundary line of Parcel B, said point being on the Northeasterly line of Parcel A, Happy
Day Ranch and from whence the Northerly comer of said Parcel A bears N43°46'37"W a
distance of 13.99 feet; thence continuing trail easement:
Beginning at a point on the Boundary line of said Parcel B, said point being on the Northwesterly
line of said Parcel A, from whence said Northerly comer of Parcel A bears N43°14"35"E a
distance of 38.61 feet; thence; thence 14.69 feet along the arc ora curve to the right having a
32.10 foot radius, a central angle of 26°13'14" and a subtending chord bearing N67°32'05"W a
distance of 14.56 feet; thence N54°25'28"W a distance of 90.61 feet; thence 32.01 feet along the
arc of a curve to the left having a 313.75 foot radius, a central angle of 5050'46" and a
subtending chord beating N57°20'52"W a distance of 32.00 feet; thence N60°l 6'15"W a
distance of 170.89 feet; thence 20.00 feet along the arc of a curve to the left having a 504.79 foot
radius, a central angle of 2° 16' 13" and a subtending chord beating N61 °24'2 I"W a distance of
20.00 feet; thence N62°32'28"W a distance of 161.98 feet; thence 20.00 feet along the arc ora
curve to the right having a 265.66 foot radius, a central angle of 4°18'52" and a subtending chord
bearing N60°23'02"W a distance of 20.00 feet; thence N58°13'35"W a distance of 173.56 feet to
a point on the Northwesterly line of Parcel B and the point of terminus, said point being on the
Southeasterly line of Lot 1, Happy Day Ranch from whence the found monument at said AP 3 of
Tract 64 bears N23°13'24"W a distance of 537.10 feet.
County of Pitkin, State of Colorado
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SILVIA DAVIS PITKIN COUNTY CO R 0.00 O 0.00
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C18
Centerline ~.~,.~,~
of lraii ~
LOT
Found Rebar and 3" Bra.~;s Cap
US Ceneral Lc]nd Office Survey 1924
5176,59
S89'04'1
]'R 6~- 7'7-0" //
Found Robar and
AhJmJnum Cap [S 51145
Referonce DL /.70'
1357.38'
I'ound Rebor arid
Aluminum Cop I S 51145
Reference Pt. 57.25'
CenLerline
of Trail
F~ARCEI..- D'
Found Rabar and
Cap .-IS 15710
....... GRAPHIC SCALE
,-~' ~. ~x~Ck I-aurld Rebar and
Cap LS 15710
F'AIRCE l._ B
,.G
ISCIIMUE. SER GORDON MEYER I
118 W. Sth $[reet..Suite 200
I
'~/~D.){' E'
I ~,I\-_.,L.I. cz``,
Trail Easement
Haoov Dav Ranch
I:~ARC E!_. A
Found Rebar and L=43.50'
Cap LS 15710 R=g2.50'
LO[ S
Exhibit
Map
Found Rebcr and
Cap - IlJegible
LO r 4
lO/O5/O*
1