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HomeMy WebLinkAboutC23-126 Trail Easement_first amendment_Red Mountain Ranch PartnershipDocuSign Envelope ID: 136A15F1-C2A04OE1-835E-78B1AA2FF72F FIRST AMENDMENT TO TRAIL EASEMENT AGREEMENT THIS FIRST AMENDMENT TO TRAIL EASEMENT AGREEMENT ("First Amendment") is made on 4/11/2023 ("Effective Date") by and between The Red Mountain Ranch Partnership LTD, with an address of 232 Meadow Drive, Vail, CO 81657 ("RMRP") and Eagle County, Colorado, a body corporate and politic ("County"), whose address is 500 Broadway, Post Office Box 850, Eagle, CO 81631. RMRP and County shall collectively be referred to as the "Parties." WITNESSETH WHEREAS, RMRP is the fee owner of two parcels of real property located in Eagle County, State of Colorado. The first parcel is generally described and depicted on Exhibit A (hereinafter "Parcel 1") and the second parcel is generally described and depicted on Exhibit B (hereinafter "Parcel 2"). Parcel 1 and Parcel 2 shall together be referred to as the "Property and WHEREAS, pursuant to a Trail Easement Agreement executed by the Parties on July 26, 2016 and recorded at Reception Number 201613349 of the Eagle County Records ("Original Agreement"), RMRP granted a perpetual, non-exclusive easement across a portion of the Property to County in the location described and depicted on Exhibit C and Exhibit D ("Easement") of the Original Agreement for purposes of constructing, maintaining, repairing, and replacing a paved trail ("Trail") and related improvements for the benefit, use, and enjoyment by the public all in accordance with the terms and conditions of the Original Agreement; and WHEREAS, since the Original Agreement was executed, it has been brought to the attention of the Parties that the location of the Trail constructed by County, which was intended to be located entirely within the Easement, is actually located partially outside the Easement; and WHEREAS, the Parties desire to amend the legal description of the Easement to accurately reflect the location of the Trail constructed by County; and WHEREAS, the Parties also mutually desire to confirm and amend other aspects of the Original Agreement, including to acknowledge the acceptance of ditch, fence, gate, and road improvements required by the Original Agreement. AGREEMENT NOW, THEREFORE, in consideration of the recitals set forth above, incorporated herein by this reference, and the following promises, the Parties hereby agree to amend the Original Agreement as follows: 1. Section 1 of the Original Agreement is hereby amended to read as follows: 1. Grant of Easement. RMRP, for good and valuable consideration in the amount set forth in paragraph 6a of the Original Agreement, hereby grants a twenty (20') foot wide perpetual, non- exclusive easement, over, upon, under and across the Property in the location described and depicted Eagle County, CO Regina O'Brien Pgs: 14 REC: $0.00 DOC: $0.00 202303866 04/11 /2023 12:26:54 PM DocuSign Envelope ID: 136A15F1-C2A0-40E1-835E-79B1AA2FF72F in Exhibit C-1 and Exhibit D-1 to ' County, for the benefit of the public, for construction, maintenance, repair, and replacement thereon of a paved Trail and Trail Improvements (defined below) for use and enjoyment by the public (hereinafter collectively the "Easement"). Exhibit C-1 and Exhibit D-1 replace and supersede Exhibit C and Exhibit D included with the Original Agreement. "Trail Improvements" shall mean and include any or all or some of the following construction items: excavation, embankment, asphalt, gravel shoulders, fencing, signs, pavement markings, drainage grates and pipes, side slopes, wall and railing, and revegetation as necessary. Motorized vehicles shall not be permitted within the Easement, except for approved road crossings; during construction, maintenance, repair or replacement of the Trail Improvements; and, for emergency purposes, or as may be required by law. 2. Section 4 of the Original Agreement is hereby amended to include subsection 4.h. as follows: h. RMRP accepted County's satisfactory construction of the Ditch Work on 3. Section 5 of the Original Agreement is hereby amended to included subsection 5.d. as follows: d. RMRP accepted County's satisfactory construction of the Fence, Gates, and Ranch Road Improvements on 4. Capitalized terms in this First Amendment will have the same meaning as in the Original Agreement. To the extent that the terms and provisions of this First Amendment conflict with, modify, or supplement portions of the Original Agreement the terms and provisions contained in this First Amendment shall govern and control the rights and obligations of the Parties. 5. Except as expressly altered, modified and changed in this First Amendment, all terms and provisions of the Original Agreement shall remain in full force and effect, and are hereby ratified and confirmed in all respects as of the date hereof. ` 6. This Second Amendment shall be binding on the Parties, their heirs, executors, successors, and assigns. [Remainder of Page Intentionally Left Blank] N DocuSign Envelope ID: 136A15F1-C2A040E1-835E-79B1AA2FF72F IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the day and year first above written. RED MOUNTAIN RANCH PARTNERSHIP, LLLP By: k.�, "� Name: Rv�d Its: Managing Partner STATE OF COLORADO ) ) ss. COUNTY OF EAGLE ) The foregoing instrument was acknowledged before me this _!t day of "I' 'A+` 2021, by n 1 A pi,�-, as Managing Partner of Red Mountain Ranch Par!netship LLLP. My NOTARY PUBLIC STATE OF COLORADO NOTARY ID 2W04032ggg Attest, DocuSiyned by - "VA Regina 'B4 #W,,BU9Wk to the Board EAGLE COUNTY, COLORADO By and tbrougb its Board of County Commissioners DocuSiaoed by: By: r�taut��lr_i�yr. �e i�*iienry, Chair' DocuSign Envelope ID:136A15F1-C2A0-40EI=835E-79B1AA2FF72F EXHIBIT A PARCEL 1 1 V. I JVM I Jr I'liGI1V-YV L I-VJJL'I Ju I/l/lLl I I �I Exhibit A Parcel Nun Red Mountain Ranch Partnership LTD Eagle, Colorado ® Subject Property Property Boundary AStreets BLM DocuSign Envelope ID:136A15F1-C2A0-40E1-835E-79B1AA2FF72F EXHIBIT B PARCEL 2 t 5 w: woniorl-UZr U-vv=i-000=-Iooirvrcrrru Exhibit B BLM Red Mountain Ranch Partnership LTD Eagle, Colorado ® Subject Property Property Boundary qStreets �r..� „ eCO,,. parcel BLM DocuSlgn Envelope ID:136A15F1-C2A0-40E1-835E-79B1AA2FF72F EXHIBIT C-1 EASEMENT LOCATION DocuSige Envelope ID: 136A15F1-C2A0-00Ei-83SE-79B1AA2FF72F SOUTHERN PACIFIC RAIL OAO Exhibit C-1 Trail Easement Agreement Eagle Valley Trail Sheet 1 March 2023 Mmm' amwo+r met DocuSign Envelope ID: 136A15F1-C2A0�40E1-835E-79B1AA2FF72F U.S. INTERSTATE 70 R.O.W. �— — — _ — — _ — _ — \ I Exhibit C-1 Trail Easement Agreement Eagle Valley Trail Sheet 2 March 2023 N 65'56'24' E L 105.80' — _ — _ — — — — _ _ _ _ _ _ _ — — — — — — — — — LL PARCELL I ` 27.944 ACRES I---------- ------- -------- S 63'09'47' W SOUTHERN PACIFIC RAILROAD �]vmc uw uwr I' NL [AP W NWBFA ] P®A9 PIS ]]W] 1]�kw) 1463.04' DocuSign Envelope ID: 136A75F1-C2A0-49E1-835E-79BiAA2FF72F Exhibit C-1 Trail Easement Agreement Eagle Valley Trail Sheet 3 March 2023 � O •N. P,�E�� X-mnez 5,\h\(ER� 1^N2l0 o-ix�z�e' a-N�svYoo'E ntao i ONO w�ass' E Jw.1C Y��'^N'�, N G5VrN' E mew POP\C / \ / /PARCFIL /2].9GC .. _ _ \ ACRES �_ V\ _ RImw _ trR{9YW' i L ru m W.ink"]"N DocuSign Envelope ID: 136A15F1-C2A0-40E1-835E-79B1AA2FF72F EXHIBIT D-1 EASEMENT LEGAL DESCRIPTION 7� DocuSign Envelope ID: 136A15F1-C2A0-00E1-835E-79B1AA2FF72F Exhibit C-1 Trail Easement Agreement, Eagle Valley Sheet 1, March 2023 Legal Description for Path Easement A Parcel of land located along the south boundary of Red Mountain Ranch Filing 4, Parcel L subdivision plat, as filed at Reception Number 201914373 in the office the clerk and recorder of the County of Eagle, State of Colorado. Beginning at southeast corner of Red Mountain Ranch Filing 4, Parcel L subdivision (Reception Number 201914373); thence along the south line of said Red Mountain Ranch Filing 4, Parcel L subdivision (Reception Number 201914373) the following courses: thence S 38°34'47" W, 191.45 feet; thence in a southwesterly direction with a tangent curve turning to the right with a radius of 4168.02 feet, having a chord bearing of S 50'52' 17" W and a chord distance of 1774.64, having a central angle of 24°35'00" and an arc length of 1788.33 to a NAV; thence S 63°09'47" W, 1463.04 feet; thence in a southwesterly direction with a tangent curve turning to the right with a radius of 2713.30 feet, having a chord bearing of S 67°09'47" W and a chord distance of 378.54, having a central angle of 08°00'00" and an arc length of 378.85 to a NAV; thence S 71°10'l1" W, 1815.19 feet; thence S 88112'11" E, 56.88 feet; thence S 71°12'53" W, 244.84 feet to the southwest corner of said Red Mountain Ranch Filing 4, Parcel L subdivision (Reception Number 201914373); thence along the west line of said Red Mountain Ranch Filing 4, Parcel L subdivision (Reception Number 201914373) N 02°49149" W, 21.96 feet; thence departing said west line of Red Mountain Ranch Filing 4, Parcel L subdivision (Reception Number 201914373) and along the north line of said Path Easement the following courses: N 65-32-55" E, 170.66 feet; thence N 68°08'09" E, 70.05 feet; thence N 71 °52'52" E, 95.37 feet; thence N 67157'21" E, 26.01 feet; thence N 59°05'22" E, 15.55 feet; thence N 51°20'37" E, 31.02 feet; thence N 54006151" E, 24.34 feet; thence N 66°16'44" E, 24.95 feet; thence N 74°06'57" E, 16.27 feet; thence N 79°04'36" E, 39.80 feet; thence N 80°39'56" E, 34.14 feet; thence N 78°00'32" E, 40.84 feet; thence N 77°04'56" E, 28.34 feet; thence N 72°36'29" E, 26.30 feet; thence N 68°35'57" E, 19.97 feet; thence N 62*18'01" E, 24.66 feet; thence N 56*59122" E, 24.10 feet; thence N 02°30'56" E, 7.57 feet; thence N 81°00'29" E, 15.41 feet; thence N 61*00'16" E, 17.77 feet; thence N 66°53'49" E, 8.30 feet; thence N 71'14'27" E, 27.11 feet; thence N 76°29'01" E, 30.69 feet; thence N 83-5l'58" E, 28.19 feet; thence N 85'11'43" E, 15.76 feet; thence N 80°52'50" E, 18.04 feet; thence N 76°48'51" E, 18.08 feet; thence N 74°14'42" E, 24.32 feet; thence N 72005,26" E, 267.56 feet; thence N 70°43'56" E, 90.82 feet; thence N 68°48'14" E, 118.58 feet; thence N 68056'17" E, 57.17 feet; thence N 68°52'07" E, 55.64 feet; thence N 69°05'27" E, 145.36 feet; thence N 65000'00" E, 25.35 feet; thence N 57°35'44" E, 27.04 feet; thence N 51 °58'37" E, 36.67 feet; thence N 52040'39" E, 17.53 feet; thence N 64°32' 19" E, 25.51 feet; thence N 78°20'53" E, 17.76 feet; thence N 87°45'l5" E, 25.32 feet; thence N 86°26143" E, 25.28 feet; thence N 79°43'36" E, 21.76 feet; thence N 74°28'38" E, 28.12 feet; thence N 69°06'09" E, 425.33 feet; thence N 67022'19" E, 118.94 feet; thence N 64°19'29" E, 98.32 feet; thence N 62055'00" E, 252.10 feet; thence N 62°55'31" E, 60.12 feet; thence N 65°41'28" E, 44.75 feet; thence N 70°25'48" E, 59.44 feet; thence N 65029'l5" E, 63.90 feet; thence N 63°13'48" E, 128.81 feet; thence N 62°59'36" E, 28.29 feet; thence N 40°14'08" E, 26.53 feet; thence S 86112'04" E, 20.04 feet; thence N 62°59'36" E, 22.89 feet; thence N 64000'51" E, 82.84 feet; thence N 62042'04" E, 101.34 feet; thence N 62°07'34" E, 97.43 feet; thence N 62°39'17" E, 164.12 feet; thence N 62020'37" E, 123.26 feet; thence N 61 *18'51" E, 104.32 feet; thence N 59°39100" E, 80.78 feet; thence N 59°35'35" E, 57.37 feet; thence N 57°44'55" E, 41.96 feet; thence N 55°41'22" E, 31.48 feet; thence N 31 °36'56" E, 57.30 feet; thence S 79°13'28" E, 29.28 feet; thence N 53°29'06" E, 25.74 feet; thence N 52036'45" E, 75.61 feet; thence N 53°55'14" E, 44.60 feet; thence N 55°32'04" E, 106.56 feet; thence N 55°39'41" E, 149.81 feet; DocuSign Envelope ID: 136A15F1-C2A0-40E1-835E-79B1AA2FF72F thence N 55053'13" E, 91.45 feet; thence N 55050'59" E, 69.26 feet; thence N 54031'19" E, 42.05 feet; thence N 52043125" E, 50.57 feet; thence N 54004'48" E, 84.67 feet; thence N 51 °26'39" E, 29.34 feet; thence N 44026'10" E, 46.62 feet; thence N 44034'46" E, 45.60 feet; thence N 43007'24" E, 97.34 feet; thence N 41 ° l 8'05" E, 66.08 feet; thence N 40°36'43" E, 66.61 feet; thence N 39050'55" E, 86.01 feet; thence N 40038'32" E, 76.84 feet; thence N 39018'05" E, 48.72 feet; thence N 38034'49" E, 133.32 feet; thence N 38"55'32" E, 57.33 feet; thence N 38048'10" E, 54.09 feet; thence N 39020'09" E, 31.58 feet; to the east line of said Red Mountain Ranch Filing 4, Parcel L subdivision (Reception Number 201914373) thence along said east line N 89057'51" W, 53.01 feet to the Point of beginning, Containing 4.431 acres more or less.