HomeMy WebLinkAboutbocc.ord.002.1999 AN ORDINANCE OF THE
BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO
AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE TRAILS AND
TRAILS FACILITIES EASEMENT AGREEMENT DATED MAY 10, 1995
ORDINANCE #fqA-_
RECITALS
1 . The Roaring Fork Club is the successor Grantor pursuant to that certain Trails and
Trails Facility Easement Agreement dated May 10, 1995, by and between the Arbaney
Ranch Partnership, Ltd. and Fierman A. and Beulah B. Arbaney as the original grantors, and
the BOCC as Grantee, recorded in Book 780 at Page 653 of the Pitkin County Records (the
"Trail Easement").
2. The Trail Easement was acquired by funds of the Pitkin County Open Space and
Trails program upon recommendation by the Pitkin County Open Space and Trails Board of
Trustees ("OSTB") to the BOCC.
3. Paragraph 9 of the Trail Easement allows for the relocation of the Easement to
another point, acceptable to the parties, at any point in the future.
4. Pitkin County and the OSTB agreed to a relocation of a portion of the easement
and a portion of the Basalt /Old Snowmass Trail which passes through the Roaring Fork
Club's PUD at the Club's expense;
5. The OSTB desires to recommend to the BOCC approval of this Amendment to
the Agreement, extinguishing the Trail Easement and granting a new alignment for the
portion of the Basalt/Old Snowmass Trail running through the Roaring Fork Club's PUD and
grant a new easement in connection with the relocated trail;
NOW THEREFORE, be it resolved that the Board of County Commissioners of Pitkin
County Colorado, hereby authorizes the chairperson and the Pitkin County Recorder to,
respectively, execute and attest the attached First Amendment to the Trails and Trails
Facilities Agreement with the Roaring Fork Club for purpose of extinguishing the original
Trail Easement and granting a new Trail Easement for the Basalt/Old Snowmass Trail as it has
been relocated through the Roaring Fork Club's PUD, and any and all documents necessary
to complete the transaction.
INTRODUCED AND FIRST READ ON THE 16th DAY OF DECEMBER, 1998.
SECOND READING ON THE 13TH DAY OF )ANUARY, 1999.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE WEEKEND EDITION OF
THE ASPEN TIMES ON THE 23rd DAY OF ]ANUARY, 1999.
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APPROVED UPON THIRD READING AND PUBLIC HEARING ON THE 1 Oth
DAY OF FEBRUARY, 1999.
PUBLISHED AFTER ADOPTION IN THE WEEKEND EDITION ON THE ASPEN
TIMES ON THE40 DAY OF FEBRUARY, 1999.
This Ordinance shall become effective 30 days after publication, following final adoption
by the Board of County Commissioners.
ATT BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
]eane a ones, Deputy Jerk 'Leslie Lamo h '
Date: 9
COUNTY MANAGER: APPR VED AS TO FORM:
vwv.,a &� —
17 ne Konc an Deborah Quinn
Assistant County Attorney
barbh/traiVb-o/ord1298.doc
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APPROVED BY
ORDINANCE
#_�- �
FIRST AMENDMENT TO TRAIL AND TRAILS FACILITIES
EASEMENT AGREEMENT DATED MAY 10, 1995
THIS FIRST AMENDMENT TO TRAIL AND TRAILS FACILITIES EASEMENT
AGREEMENT is entered into this 4 W� day of , 1999, by and between
ROARING FORK CLUB,L.P., a Colorado limited partnership (her inafter referred to as"Club"),
and THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, a
home rule county existing under and by virtue of the laws of the State of Colorado (hereinafter
referred to as "County"):
WITNESSETH:
WHEREAS, the County previously entered into that Trail and Trails Facilities Easement
Agreement with The Arbaney Ranch Partnership, Limited and Fierman A. and Beulah B. Arbaney
dated May 10, 1995 and recorded in Book 780 at Page 653 in the Pitkin County Clerk and Recorder's
Office(hereinafter"Easement Agreement"), wherein the County was granted access across property
owned by The Arbaney Ranch Partnership,Limited and the Arbaneys via a public trail easement and
right-of-way (hereinafter"Easement"); and
WHEREAS,the Easement was granted for the purpose of providing a non-motorized travel
route across said property for pedestrian,bicycle,cross-country ski and equestrian use by the public
as part of the Basalt/Old Snowmass Trail; and
WHEREAS, the Club has purchased the property on which the Easement is located and is
therefore the successor in interest to the original grantors under the Easement Agreement, The
Arbaney Ranch Partnership, Limited and Fierman A. and Beulah B. Arbaney ; and
WHEREAS, the rights of The Arbaney Ranch Partnership, Limited and Fierman A. and
Beulah B. Arbaney under the Easement Agreement were assigned to the Club pursuant to Paragraph
10 of the Easement Agreement,which assignment was consented to by the County pursuant to that
document recorded as Reception No. 397605 in the Pitkin County Clerk and Recorder's Office; and
WHEREAS,Paragraph 9 of the Easement Agreement allows for relocation of the Easement
to another point, acceptable to the parties, at any point in the future and Pitkin County agreed to a
relocation of a portion of the Easement at the Club's expense for safety and aesthetic reasons; and
WHEREAS, that portion of the Basalt/Old Snowmass Trail which passes through the
Roaring Fork Club Planned Unit Development has been relocated by the Club accordingly; and
WHEREAS,the parties now desire to extinguish the original Easement,set forth the new trail
alignment for that portion of the Basalt/Old Snowmass Trail running through the Roaring Fork Club
PUD, and to grant a new easement in connection with the relocated trail.
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NOW, THEREFORE, for and in consideration of the mutual covenants and agreement
hereinafter set forth, and in consideration of the relocation of the Easement to a mutually acceptable
location, and for other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged by the parties, the parties hereto agree as follows:
1. Extinguishment of Easement. The location of the Easement granted to the County
in the Easement Agreement, the description of which is set forth in Exhibit "A" attached hereto, is
hereby extinguished.
2. Grant of Relocated Easement. The Club hereby grants to the County a new perpetual,
non-exclusive, 15-foot wide public trail easement and right-of-way across its property, the location
of which is set forth in Exhibit'B" attached hereto,in lieu of that Easement extinguished above. All
of the rights,benefits and restrictions originally assigned and attributed to the extinguished Easement
set forth in Exhibit"A" are hereby transferred to the relocated easement set forth in Exhibit "B". A
drawing depicting the new easement location is attached hereto as Exhibit "C".
3. Ratification of Easement Agreement and Related Documents. Except as expressly
modified herein, the parties ratify and affirm all terms, provisions and conditions of that Easement
Agreement dated May 10, 1995, as well as that Construction License Agreement entered into by
and between the parties on December 17, 1996, and that Amendment to Construction License
Agreement dated August 13, 1997.
IN WITNESS WHEREOF,the parties have executed this FIRST AMENDMENT TO TRAIL
AND TRAILS FACILITIES EASEMENT AGREEMENT on the day and year first written above.
ROARING FORK CLUB, L.P.
APPROVED BY BOCC By: SNOWMASS ROARING FORK,LLC,General Partner
ON By.
4(l
s W. Light, Mari2ger
BOARD OF COUNTY COMMISSIONERS OF
PITKIN COUNTY, COLORADO
By:
(` airwoman 040 e
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EXHIBIT "A"
DESCRIPTION OF EASEMENT TO BE EXTINGUISHED:
The original Easement is a strip of land 15.00 feet in width measured perpendicularly to the
centerline of the Easement, being 7.50 feet on each side of said centerline as described in the
instrument recorded in Plat Book 37 at Page 33-34 in the records of the Office of the Pitkin County
Clerk and Recorder, and is located in a portion of Lot 4,Final Plat of Block One,Roaring Fork Club
Planned Unit Development, situated in Tracts 53, 54, 55, 56, 57, and 58, Township 8 South, Range
86 West, 6th Principal Meridian,County of Pitkin, State of Colorado,the centerline of which is more
fully described as follows:
Beginning at a point of intersection of the centerlines of the extinguished Easement and the new
replacement easement set forth in Exhibit B whence Angle Point No. I of Tract 57 bears S 49° 11'
29" E, 734.58 feet and an old angle point on centerline bears N 55' 29' 01" W, 120.22 feet and
considering the line between Angle Point No. 1 of Tract 57 and Angle Point No. 2 of Tract 57 to
bear N 88° 29' 57" W, with all other bearings contained herein relative thereto;
1. Thence southeasterly 109.10 feet along the arc of a circular curve to the left with a central angle
of 12° 53' 18", a radius of 485.00 feet and a chord bearing S 63° 52' 22" E, 108.87 feet;
2. Thence S 69° 39' 01" E, 115.08 feet;
3. Thence S 62' 36' 45" E, 202.20 feet;
4. Thence S 53' 16' 20" E, 99.02 feet;
5. Thence southeasterly 64.87 feet along the arc of a circular curve to the left with a central angle
of 16' 22' 28", a radius of 227.00 feet and a chord bearing S 60' 19' 52" E, 64.65 feet;
6. Thence southeasterly 86.54 feet along the arc of a circular curve to the right with a central angle
of 37' 53' 00", a radius of 130.88 feet and a chord bearing S 50' 39' 23" E, 84.97 feet;
7. Thence S 31° 42' 52" E, 62.31 feet;
8. Thence southeasterly 50.20 feet along the arc of a circular curve to the left with a central angle
of 20' 32' 44", a radius of 140.00 feet and a chord bearing S 41° 46' 07" E, 49.93 feet;
9. Thence S 52' 09' 46" E, 80.34 feet;
10. Thence S 62' 54' 36" E, 78.59 feet;
11. Thence S 52' 11' 43" E, 40.96 feet;
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17. Thence S 07' 53' 51" E, 23.21 feet;
18. Thence S 23° 23' 23" E, 26.66 feet;
19. Thence S 43° 40' 38" E, 28.03 feet;
20. Thence S 57' 53' 23" E, 32.02 feet;
21. Thence S 67° 27 40" E, 169.19 feet;
22. Thence S 72' 00' 08" E, 147.80 feet;
23. Thence S 67° 15' 34" E, 29.54 feet;
24. Thence S 61° 21' 41" E, 26.72 feet;
25. Thence S 57' 14' 35" E, 28.17 feet;
26. Thence S 61' 00' 13" E, 47.36 feet;
27. Thence S 68' 38' 09" E, 133.92 feet;
28. Thence S 61° 12' 22" E, 36.89 feet to a point of termination for the new replacement
easement and the extinguished Easement set forth in Exhibit A whence Angle Point No. 1
of Tract 57 bears N 68' 38' 34" W, 715.89 feet;
The easement as described above is a strip of land 15.00 feet in width measured perpendicularly
to the centerline of the easement,being 7.50 feet on each side of said centerline, and is 1504.97
feet long more or less along the centerline.
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12. Thence S 59° 29' 50" E, 76.63 feet;
13. Thence S 730 03' 36" E, 55.99 feet;
14. Thence S 53° 20' 50" E, 161.68 feet;
15. Thence S 68 02 33 E, 167.34 feet to a point of termination for the extinguished
Easement and the new replacement easement set forth in Exhibit B whence Angle Point
No. 1 of Tract 57 bears N 68' 38' 34" W, 715.89 feet;
The Easement as described above is 1450.85 feet long more or less along the centerline.
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EXHIBIT `B"
DESCRIPTION OF REPLACEMENT EASEMENT TO BE SUBSTITUTED FOR THAT
EXTINGUISHED EASEMENT DESCRIBED IN EXHIBIT "A":
Beginning at a point of intersection of the centerlines of the new replacement easement and the
extinguished Easement set forth in Exhibit A whence Angle Point No. 1 of Tract 57 bears S 49'
11' 29" E, 734.58 feet and an old angle point on centerline bears N 55° 29' O1" W, 120.22 feet
and considering the line between Angle Point No. 1 of Tract 57 and Angle Point No. 2 of Tract
57 to bear N 88° 29' 57" W, with all other bearings contained herein relative thereto;
1. Thence S 56' 57' 16" E,42.81 feet;
2. Thence S 60' 42' 3 3" E, 35.02 feet;
3. Thence S 70' 21' 44" E, 46.38 feet;
4. Thence S 73° 20' 53" E, 53.46 feet;
5. Thence S 70' 44' 09" E, 47.03 feet;
6. Thence S 73° 23' 07" E, 102.62 feet;
7. Thence S 70' 16' 58" E, 52.87 feet;
8. Thence S 61° 54' 56" E, 50.97 feet;
9. Thence S 52' 26' 35" E, 48.48 feet;
10. Thence S 49' 29' 48" E, 52.51 feet;
11. Thence S 46' 12' 28" E, 46.26 feet;
12. Thence S 49' 01' 15" E, 78.10 feet;
13. Thence S 44' 39' 38" E, 17.59 feet;
14. Thence S 28° 35' 55" E, 17.04 feet; I
15. Thence S 08' 0315011 E, 21.71 feet; 428540 I!III !illli I!I!IIII!i IIIII!IIN!il DAVIS liil I'il
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16. Thence S 00' 15' 50" W, 62.61 feet;
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