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HomeMy WebLinkAboutR96-051 vacation of Casteel Court and West Lake Creek Drive1 f ~ ~ moved ado tion 3 Commissioner ~~~~,~. P /~ of the following Resolution: 3~ 1 BOARD OF COUNTY CO1~II~iISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 96 - ~_ VACATION OF SECTIONS OF PUBLIC RIGHTS-OF-WAY COMMONT..~Y REFERRED TO AS CASTEEL COURT AND WEST LAKE CREEK DRIVE (WHICH SECTIONS ARE REFERRED TO AS KNA.PP ROAD NO. 1 AND KNAPP ROAD NO. 2 IN PETITION), COUNTY OF EAGLE, STATE OF COLORADO WHEREAS, pursuant to C.R.S. 43-2-301, et seq. and Section 2.22 of the Eagle County Land Use Regulations, 1982 as amended (the ~~ "L.U.R."), the Roax~3 o:E County Commissioners of the County of Eagle, State of Colorado (hereinafter the "Board"), has the power and authority to vacate any public roadway, public right-of-way or public easement located entirely within the County of Eagle and not within the limits of any city or town; and WHEREAS, pursuant to a July 7, 1995 Petition (File No. G-81-95) submitted by Cleon T. Knapp and Elizabeth W. Knapp (hereinafter referred to as "Petitioner"), the Board was asked to vacate Knapp Road Number 1, (a portion of what is commonly referred to as Casteel Court) and Knapp Road Number 2, (a portion of what is commonly referred to as West Lake Creek Drive), County of Eagle, State of Colorado and identified more particularly in the Petition and in Exhibit A, attached hereto; and WHEREAS, Petitioners have notified the Board that Knapp Agricultural Management Company, LLC, a Colorado limited liability company, is the successor in ownership to cert:ain property previously owned by Cleon T. Knapp and Elizabeth W. F:napp and now owns the property where Knapp Road No. 1 is located, and Knapp Agricultural Management Company, LLC has confirmed to the Board that it supports granting the Petition; and Wt~REA.S, Petitioners have notified the Board that West Lake Creek Company, LLC, Site Five Company, LLC and Haw:Ley-Reese Company, LLC, each of which are Colorado limited liability companies, are successors in ownership to certain property previously owned by Cleon T. Knapp and Elizabeth W. Knapp and now own the property where Knapp Road No. .~ !'~ '~ ~yLUyl 13-byb Y-U~i U6%U4/yti 11 : ~yA 1'G 1 c;~r' ~'~ k~c llUC; Sara J . Wisher ~;agle County Clerk ~. iZecorder U . UU 2 is located, and each of these companies has confirmed to the Board that it supports the Petition; and WHEREAS, notice of public hearings before: the Eagle and Colorado Planning Commission and the Board to consider the proposed vacation of the subject public rights-of-way were duly published in the Eagle Vallev Enter rp ise; and WHEREAS, at its regular meeting of Septernber 20, 1995, the Eagle and Colorado Planning Commission recommended approval of the vacation of the subject public rights-of-wa.y; and WHEREAS, the first public hearing was held November 14, 1995, and a second public hearing was held May 6, :1996, at which time the Board determined that the public rights-of-way described in Exhibit A attached hereto and incorporated herein by this reference lie entirely within Eagle County, and not within the limits of any city or town; that Petitioners Cleon T. Knapp and Elizabeth W. Knapp and their successors in ownership (Knapp Agricultural Management Company, LLC, West Lake Creek Company, LLC, Site Five Company, LLC and Hawley- Reese Company, LLC) are the only persons or entities who own one acre or more of land adjacent to the subject public rights-of-way; that if the Petition is granted and the subject public rights-of-way are vacated, no land adjoining these rights-of-way will be left without an established public road or private-access easement connecting said land with another established public road; and that all easement holders of record, affected governmental entities and adjacent property owners have been notified of the proposed vacation, and have been given an opportunity to comment, and all such comments have been fully considered by the Board. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY CONII~lISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, upon the recording of this Resolution and the attached Exhibit A, the Board hereby divests, relinquishes and vacates any and all rights, title or interest Eagle County may have in the public rights-of-way described in this Resolution and the attached Exhibit. THAT, pursuant to Section 2.22(10), L.U.R., the Chairman of the Board is directed to execute on behalf of the= Board and cause to be recorded in the office of the County Clerk and Recorder, Quit Claim Deeds divesting the County of any interest it may have in the subject -2- _,,, Co? ~yGUyl 13-Eiy(~ Y-y2i Uti/U4jy6 11 : byA YU G U1~ ~'/ public rights-of-way, in favor of the present owners of the properties abutting the rights-of-way being vacated hereby. THAT, as a condition of this vacation Knapp Agricultural Management Company, LLC, West Lake Creek Company, LLC, Site Five Company, LLC and Hawley-Reese Company, LLC have executed Grants of Easement for Knapp Path Number 1 and for Knapp Path Number 2 for the benefit of the public for those purposes as specifically set forth in the Grants of Easement. (Grants of Easements are attached hereto as Exhibits "B" and "C".) THAT, the aforesaid vacation of the rights-of-way described in Exhibit A shall not be construed as affecting in any way whatsoever any and all existing recorded easements necessary for utilities or other public services. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the ~-,,~j_ day of May, 1996. a ~ ?h ~~ • ~~ vi ATTEST : ~ i t~ ~ ~~~~ c Clerk to the Boar of County Commissioners COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD Off? COUNTY COMMISSIONERS By' -~~~~ - George A Gates, Chairman ohnnett~e Phillips, Commiss:i.oner James E. Johnson, Jr., Commissioner Commissioner ! G~ seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: -3- -•~, vJ ~yzuyl t3-Fiyb Y-yt3 U6/U4/y6 11 : byA 1'U ~ UN' ~'( Commissioner Gates --~~ Commissioner Phillips _~ ~ Commissioner Johnson ~~~~~- This Resolution passed by ~~~~~i~~hh~ vote of the Board of County Commissioners of the County of Eagles, State of Colorado. mta\c-dev\row\knapp.vac 96-101 .~ -4- ~~LUyl f3-(iyEi Y-y~3 UtijU4jyEi 11:5yA YC~ 4 U1+' ~'/ EXHIBIT A (to Resolution No. 96-~ of the Board of County Commissioners, County of Eagle, State of Colorado) Descrintion of Knapp Road No. 1 (nublic roadwav to be vacated "Knapp Road 1" as used herein means the section of the "Castee:l Court" roadway (as defined below) that is located within the "Property" (as defined below): a. "Casteel Court" roadwav means that certain publiic roadway identified as Casteel Court on the Amended Plat of Tenderwild recorded on July 6, 1'971 in the Eagle County, Colorado Clerk and Recorder's office at Book No. 220, Page No. 949 at Reception No. 116618; and b. "Property" for purposes of defining Knapp Road No. 1 means Parcel 4 as shown on the Parcel Map recorded on July 20, 1995 in the official records of the Eagle County, Colorado Clerk and Recorder's office in Book No. 671 at Page Ei01 as Reception No. 567619 (which parcel is owned by Knapp Agricultural Management Company, LLC). Description of Knann Road No. 2 (public roadwav to be vacated "Knanp Road No. 2" as used herein means the section of the "West Lake Creek Drive" roadway (as defined below) that is located within the "Property" (as defined below): a. "West Lake Creek Drive" roadway means that curtain public roadway identified as West Lake Creek Drive on the Amended Plat of Tenderwild recorded on July 6, 1971 in the Eagle County, Colorado Clerk and Recorder's office at Book No. 220, Page No. 949 at Reception No. 116618; and b. "Property for purposes of defining Knapp Road ]Vo. 2 means Parcels 1, 2 and 3 as shown on the Parcel Map recorded on July 20, 1995 in the official records of the Eagle County, Colorado Clerk and Recorder's office in Book No. 671 at Page 601 as Reception No. 567619 ~ (which parcels are owned by West Lake Creek Company, LLC, :iite Five Company, LLC, and ~ Hawley-Reese Company, respectively). ~*~ F-a by~Uyl 13-fiyti Y-yt~ UEi/U4%yEi 11:5yA YU 5 UN' 'L '/ EA961370.086/1+ EXHIBIT GRANT OF EASEMENT: Knaoo Path No. 1 This Grant of Easement is made and entE:red into thi~ day of 1996 by and between Knapp Agricultural Management Company, LLC, a of ado limited liability company whose address is 0170 Holy Cross Dive, Post Office Box 1413, Edwards, Colorado 81632 (hereinafter "Grantor") to the Board of Eagle County Commissioners, as the representative of the public, whose legal address is 500 Broadway, Eagle, Coloradio 81631 (hereinafter "Grantee") for the use and benefit of the public, subject to the authority of the Board of Eagle County Commissioners to modify or e~ctinguish this Grant of Ease^~ent as described in Paragraph 5, below. "JHEREAS, Grantor is the owner in fee simple of certain property located in Eagle County, Colorado and more particularly describe ; on Exhibit A attached hereto and incorporated herein; and WHEREAS, Grantor's predecessor in inte;res* petitioned the Board of Eagle County Commissioners (the "County") by a Petition for Vacation of Public Roadways dated July 7, 1995 (File No. G-81-95) (hereinafter "Petition") for the 'vacation of Knapp Road No. 1 (a portion of wlhat has been called Casteel Lane) and Knapp Road No. 2 Ia portion of wheat has been called West Lake Creek Drive) as identified more particularly in th:e Petition; and WHEREAS, by a Staff Report dated September 20, 1995 prepared by the Eagle County Engineer for the Eagle and Colorado Valley Planning Gommission, it was recommended that the Petition for the vacation of Knapp Road No. i and Knapp Road No. 2 be granted, on ceirtain terms and conditions stated therein, and among which was the granting by Grantor of the easement described herein; and WHEREAS, the Planning Commission recommended that Grantor (along with the owners of the parcels on which Knapp Path No. 2 is located) grant easeme~its for the benefit of the public in the properties described on Exhibit B ("Knapp Path No. 1 " and "Knapp Path No.:?"), which are twenty (20) feet wide and run along the course of the existing roadbed that was constructed in the rights-of-way described as Knapp Road No. 1 and Knapp Road No. 2 in the Petition; and WHEREAS, after holdeng public hearings on the Petition, the County passed Resolution No. j~-S I_ on 1996, which grants the Petition for vacation of Knapp Road No. 1 and app Road No. 2; and WHEREAS, Grantee agrees, for and on t~ehalf of the public, by accepting this easement that the public ackriowledges and will comply with all the limitations and conditions in this Grant of Easement. NOW THEREFORE, in consideration of tE:n dollars, and other good and valuable consideration the receipt and sufficiency of which are hereby EXHIBIT v ~: c e~ ~: a c c ~. ~: c c r~-, c'> 1 T~~ l acknowledged, Grantor hereby grants, bargains, conveys, delivers, and transfers unto Grantee in its capacity as representatiw~ of the public, and any successors or assigns of Grantee, and Grantee accepts, anon-exclusive easement as follows: 1. Non-exclusive easement for perpetual use by the public of Knapp Path No. 1 las described on Exhibit B to this Grant of Easement), subject to the authority of the Board of Eagle County Commissioners to modify or extinguish this Grant of Easement as described in Paragraph 5, below, and subject to the following limitations and conditions: a. All uses shall be recreational, typical examples of which include but are not limited to: walking, running, horse-back riding, cross-country skiing, snowshoeing, and bicycling. b. No uses may involve motor vehicles or other motorized means of conveyance or motorized mechanisms or equipment of any type. c. Persons using Knapp Path N~o. 1 may not, while present on that Path, carry or use in any way guns, firearms, explosive devices, ammunition, firecrackers, bows and arrows or other missile throwing devices of any kind. d. Persons using Knapp Path No. 1 may not, while present on that Path, use at any time any type Hof noisemaking device (including, without limitation, stereos, amplifiers, boomboxes, whistles, horns, or bellsl. e. No fires will be permitted at any time at any location along Knapp Path No. 1. No smoking, no littering, and no excretions will be permitted anywhere along Knapp Path No. 1. f. All uses must be strictly confined to the area of Knapp Path No. 1 as described in Exhibit B. Members of the public shall at all times make only such uses of Knapp Path No. 1 as shall result ire maintaining Knapp Path No. 1 in good condition and repair, without erosion or other damage. h. Grantor shalt have the right 'to use and occupy Knapp -.~. Path No. 1 for any purpose, including the right to bring motorized ~ vehicles onto Knapp Path No. 1 or adjacent properties at any time and ~ for any reason. Grantee and the public recognize and agree that, subject ~ to County land use regulations, Grantor is entitled to erect buildings at ;;, any location adjacent to Knapp Path No. 1 and, notwithstanding this W Grant of Easement, Grantor is entitled to gain access to such buildings at any time using Knapp Path No. 1. i. Grantor shall have the right but not the obligation to maintain, repair and rebuild Knapp Path No. 1 as Grantor may deem necessary. Neither Grantee nor the public shall have the right to enforce ~yLUyl Y-tiyEi Y-y~3 Uti/U4%yEi 11:5yA YG '/ U~' 'L'/ 2 upon Grantor the obligation to maintain, repair and rebuild knapp Path No. 1. j. Grantor shall have the right to erect a gate or gates anywhere along the course of Knapp Path No. 1, provided that any such gate will be designed in a manner to permit access by members of the public for the purposes described in this Grant of Easement. k. Grantor may place signs at any location along Knapp Path No. 1. Such signs may inform members of the public about limitations concerning the uses that may be made of Knapp Path No. 1 as long as such limitations are consistent with this Grant of Easement. Such signs shall be approved in advance by Eagle County. I. Members of the public will stay at least 50 feet away from any building on Grantor's property at all times; Grantor may construct fences of any type or design (subject to applicable County regulations governing fences in such locations) along the perimeter of Knapp Path No. 1 for any reason, including to prevent members of the public from gaining access to any of the private land adjacent to Knapp Path No. 1. m. In making use of Knapp Path No. 1. pursuant to this Grant of Easement, the members of the public who use or occupy . Knapp Path No. 1 assume all risk of any liability, harm, injury, damage or cost arising or resulting from or related to such use. All liability for personal injury to members of the public as a result of, arising out of, or relating to the use or occupancy of Knapp Path No. 1 shall be borne exclusively by the affected members of the public. 2~: The easement granted hereby shall endure in accordance with the terms hereof, and shall inure to the benefit of and be binding upon and enforceable by the parties hereto and the successors or assigns of each of the parties to the fullest extent permitted in law and equity. 3. The easement granted hereby shall be appurtenant to and run with the land upon which Knapp Path No. 1 is located, and may not be transferred, assigned or conveyed apart or separately from such land but shall transfer along with any transfer of such land. 4. This Grant of Easement shall be given a reasonable. construction in light of the intention of the parties hereto to provide reasonable, recreational access to Knapp Path No. 1, but not access to any of the private property adjoining Knapp Path No. 1. 5. The Easement created by this Grant of Easement shall be deemed a "Roadway" for purposes of Colorado Revised Statute Section 43-2- 301(3) (Vol. 17, 1993 Repl. Vol.) and any successor provision relating to vacation proceedings for public roadways. Grantor shall be entitled to seek to have this Easement modified or vacated by filing a petition with the Board of Eagle County Commissioners, Eagle County, Colorado, or by any- other means set forth in Colorado Revised Statute Section 43-2-303 (Vol. 17, 1993 Repl. ~y~vy~ ~-s~v ~-y~ vs~v4iys 11:~yA YU ~ ~r~ ~~~ -a• ra . 3 Vol.) (which addresses "methods of vacation") or any successor provision relating to vacation proceedings for public roadways. The Board of Eagle County Commissioners shall have the authority to modify or vacate this Easement, providing that all modifications of this Easement shall require the consent of the Grantor. The Board shall have the authority at any time to execute a document on beha{f of the public, which must also be executed by Grantor, reducing, limiting, or extinguishing but not enlarging the rights that Grantor has granted to the public in this Grant of Easement. 6. If the use of Knapp Path No. 1 by members of the public pursuant to the Grant of Easement shall materially change in nature or extent from the recreational uses that the public made of Knapp Road No. 1 prior to this Grant of Easement in any manner and at any time so as to constitute a nuisance, Grantor shall be entitled in such event to petition a court of competent jurisdiction for modification or revocation of this Easement. Such court shall have authority to modify or extinguish this Grant of Easement, and Grantee and the public shall be bound by the court's decision with respect to any such modification or revocation. 7. Grantor and members of the public .each may enforce any of the terms of this Grant of Easement. By serving as the public's representative in the execution of this Grant of Easement, the County does not expressly or impliedly assume any responsibility for maintenance and repair of Knapp Path No. 1, and further the County shall not have any obligation to enforce this Grant of Easement. In case of any breach of the terms hereof by either Grantor or members of the public, and if the responsible party shall not have cured or remedied such breach within a reasonable period after having received written notice from the other party of the alleged breach, this Grant of Easement may be enforced by the injured party in law or equity in a court of competent jurisdiction. Any breach of this Grant of Easement by members of the public is hereby deemed to be and constitute a nuisance, and every public and private remedy allowed therefor by law or in equity shall be appropriate and may be sought by the injured party, including without limitation elimination of the easement created by this Grant of Easement. The parties agree that any party injured by a breach hereof may take all such action as may be reasonably necessary to remedy the breach, and in particular, may institute legal proceedings including an action to compel specific performance of the terms hereof by the party in breach or an action to cancel this Grant of Easement. 8. This Grant of Easement shall be recorded with the Office of the Clerk and Recorder in the County of Eagle, State of Colorado, and the expense of such recordation shall be borne by Grantor. ~ 9. Grantor represents and warrants that it has all necessary ~ G'.~ power and authority to execute this Grant of Easement. ;~ 10. All Exhibits attached hereto are incorporated herein by reference and constitute a part hereof. . 11. This Grant of Easement shall be governed by the internal laws of the State of Colorado without regard to the conflict of laws provisions thereof. ~y~uyl ~-6ya ~-y~i U6/U4/yEi 11 : ~yA 1'U y U~' 'L'1 4 IN WITNESS WHEREOF, Grantor has executed this Grant of Easement on this '~,1 day of_tllr~~, 1996. ' GRANTOR: • -Knapp Agricultural Management Company, LLC, • a Colorado limited liability company ~ . • ~~ By: ..~a~~ ~~ By: l~ Icon T. Knapp, Manager izab h Wood Knapp, Manage STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. On April 1f~; 1996 before me, the undersigned, aNotary -Public in and for said County o Los Angeles, State of California, personally appeared Cleon T. Knapp personally known to _me (or proved to me -on the- basis of satisfactory evidence) to be the person whose name is subscribed to the within Grant of Easement and acknowledged to me that he executed the same in his authorized capacity as Manager of Knapp Agricultural Management Company, LLC, a Colorado limited liability company, and that by his signature on the Grant of Easement he, or the entity upon behalf of which h ed~e~ce6~ed--- ~ "' - the•instrument. n~~ FAMcLA H.MIUFR • Commlsslon ~ 10824 + " ~- ' Notary Pubec - CoiManb Witness my hand and official al. ~ ~° ~osAnOe~eaCounly ' My Cornrr~.Ex~rea,lan 7.2000 - Notary Public • My commission expires: T7~ 2i~l~17 STATE OF CALIFORNIA ) ). ss.. COUNTY OF LOS ANGELES ) On April f~, 1996 before ~me, the undersigned, a Notary Public in and for said County of Los Angeles, State of California, personally appeared 1 Elizabeth Wood Knapp personally known to me (or proved to me on the basis r..~, of satisfactory evidence) to be the person whose name is subscribed to the ,~ within Grant of Easement and acknowledged to me that she executed the same ~ in• her authorized capacity as Manager of Knapp Agricultural Management ;~ Company, LLC, a Colorado limited liability, company and that by her signature ~ on the Grant of Easement she, or the entity upon behalf of which she acted, executed the instrument. Witness my hand and official s PYIMBA HMMIUJFR Cornrtilon ~ 106~~ Notary Public ~ Nadan~ ~ My,- commission expires: L~ ~ "~C°'""`~'1°'~'~ . 5 SyGUyl 13-(~yti Y-y~i UEijU4jyEi 11:~yA 1'G lU Ur' G'/ Accepted by GRANTEE as representative of the public: Board of Eagle County Commissioners By: George A. Gates Title: Chairman, Board of Eagle County Commissioners STATE OF COLORADO ) 1' ss. COUNTY OF EAGLE ) On ~} , 1996 before me, the undersigned, a Neta~-f~4ic in and for 'd unty of Eagle, State of Colorado, personally appeared George A. Gates known to me to be the person whose name is subscribed to the within Grant of Easement and acknowledged that he executed the same as the authorized representative of the Board of Eagle County Commissioners having the title of Chairman, Board of Eagle County Commissioners. . Witness_my hand and official se I. ~`: ~ ~ o My comri~ ipn~expires. ~ ~.~,~,.~ -r:. ~ f ~ s ~~ ~• ~yLUyl 13-fiyEi Y-y~i U(a/U4jyb 11:5yA 1'G 11 UN' G'/ 6 .EXHIBIT A GRANTOR'S PROPERTY Parcel 4 as shown on that certain parcel map known as the Knapp Property Parcel Map, recorded in the official records of Eagle County, Colorado Clerk and Recorder's Office on July 20, 1995 at Book No. 671 Page 601, Reception No. 567619. .~ Sy~Uyl 13-6yti Y-yi3 Uti%U4/yEi 11 : ~yA YG 1'G UN' L'/ 7 The location of Knapp Path No. 1 and Knapp Path No. 2 is shown on the attached maps prepared by Alpine Engineering. EA952980.065/20 --. Yr4^~ W ~y'LUyl 13-byb Y-y~ U6/U4/yFi 11 : byA YCG l:i Ur' L'( 8 KNAPP PATI-. NW CORNER EAST i /2, SW 1 /4 OF SE 1/4, SEC 30, TSS, R82W NO. 1 S87'48'52"E 1 o8o.4s' ZI O -P W -P 'P.O. B. 2016.82' -.....~ S41'S3'30'W 18.13' ~ ' N sloe. ~~- ~ a 29'07'44' Oj~~e- ~ R ~ 404.13' L - 205.46' CHD~S18'11'S6'W 203.25' C3' C CC tL I O: ~: "'C I OC J N J cfl .~ ~+ SE CORNER SW 1/4, SW 1/4 OF SE 1/4, SEC 30, TSS, R82W SCALE: 1' = 200' .0. T. ~J G7 LAND DESCRIPTION A strip of land located in Section 30, Township 5 South, Range 82 West of the Sixth Principal Meridian, Eegle Coun#y, Ca!orado, b~e:slg ;:e•e.^,t j ;30; 'ec~ .: Vic, ~ tc„ ~' 0~ 'ce' • •' ~ ~ - on each side of the following described centerline: Beginning at a point on the northerly line of the SE 1/4 of the SE 1/4 of Section 30 from which the NW corner of the Eos+. 1 /? of +-,P ~bV t /d of +h~ cc 1 /d ^f SA,.±1.,., ~n bears N 87'48'52' W, 1080.45 feet; thence S 41'53'30' W, 18.13 feet; thence S 32'45'48' W, 213.50 feet; thence 205.46 feet aEong the arc of a curve to the left having o radius of 404.13 feet, a central angle of 29'07'44' and a long chord which bears S 18'11'56' W, 203.25 feet; thence S 03'38'05' W, 187.00 feet to the oint of terminus, from which the NW corner of the east 1 /2 of the SE 1 /4 of the SW 1 ~4 of Section 30 bears N 54'59'47' W, 1070.28 feet. ~... L E. c a: ~. c 6. N F-~ C3' O< rC F., .P C ti ~~ 24325 m: ~ ~o. ~ ~ ~~~ ~~ soi•:...:.~SO ~,16~9~ NAl LANG COWARDS DUSNC55 GCNTLR P.O. 00% 97 ~ CDWARDS.G040RAD0 61632 ~ (303) 926-3373 rA% C303) 926-3390 rRANT OF EASEMENT: Knaoa Path No. 2 This Grant of Easement is made and entered into this ~ lI day of '~ , 1996 by and between West Lake Creek Company, LLC, a Colorado limited bility company whose address is 0170 Holy Cross Drive, Post Office Box 1413, Edwards, Colorado 81632, Site Five Company, LLC, a Colorado limited liability company whose address is 0170 Holy Cross Drive, Post Office Box 1413, Edwards, Colorado 81632, and Hawley-Reese Company, LLC, a Colorado limited liability company whose address is 0170 Holy Cross Drive, Post Office Box 1413, Edwards, Colorado 81632, (these three limited liability companies are hereinafter collectively referred to as "Grantor"- to the Board of Eagle Coun~y Commissioners, as the representative of the public, whose legal address is 500 Broadway, Eagle, Colorado 81631 (hereinafter "Grantee") for the use and benefit of the public, subject to the authority of the Board of Eagle County Commissioners to modify or extinguish this Grant of Easement as described in Paragraph 5, below. WHEREAS, Grantor is the owner in fee simple of certain property located in Eagle County, Colorado and more particularly described on Exhibit A attached hereto and incorporated herein; and WHEREAS, Grantor's predecessor in interest petitioned the Board of Eagle County Commissioners (the "County"- by a Petition for Vacation of Public Roadways dated Juiy 7, 1995 tFile No. G-81-95) thereinafter "Petition") for the vacation of Knapp Road No. 1 Ia portion of what has been called Casteel Lane) and Knapp Road No. 2 (a portion of what has been called West Lake Creek Drivel as identified more particularly in the Petition; and WHEREAS, by a Staff Report dated September 20, 1995 prepared by the Eagle County Engineer for the Eagle and Colorado Valley Planning Commission, it was recommended that the Petition for the vacation of Knapp Road No. 1 and Knapp Road No. 2 be granted, on certain terms and conditions stated therein, and among which was the granting by Grantor of the easement described herein; and WHEREAS, the Planning Commission recommended that Grantor (along with the owner of the parcel on which Knapp Path No. 1 is located) grant easements for the benefit of the public in the properties described on Exhibit B ("Knapp Path No. 1" and "Knapp Path No. 2"), which are twenty (20) feet wide and run along the course of the existing roadbed that was constructed in the rights-of-way described as Knapp Road No. 1 and Knapp Road No. 2 in the Petition; and WHEREAS, after holding public heaein son the Petition, the County passed Resolution No. ~(G ~_S` 1 on 1~1c~ , 1996, which grants the Petition for vacation of Knapp Road No. 1 and napp Road No. 2; and EXHlBlT G v c ~: ~: c ~: c ~. ~: U c ~: .~ Q _,Z F-~ WHEREAS, Grantee agrees, for and on behalf of the public, by accepting this easement that the public acknowledges and will comply with all the limitations and conditions in this Grant of Easement. NOW THEREFORE, in consideration of ten dollars, and other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, Grantor hereby grants, bargains, conveys, delivers, and transfers unto Grantee in its capacity as representative of the public, and any successors or assigns of Grantee, and Grantee accepts, anon-exclusive easement as follows: 1. Non-exclusive easement for perpetual use by the public of Knapp Path No. 2 (as described on Exhibit B to this Grant of Easement), subject to the authority of the Board of Eagle County Commissioners to modify or extinguish this Grant of Easement as described in Paragraph 5, below, and subject to the following limitations and conditions: a. All uses shall be recreational, typical examples of which include but are not limited to: walking, running, horse-back riding, cross-country skiing, snowshoeing, and bicycling. b. No uses may involve motor vehicles or other motorized means of conveyance or motorized mechanisms or equipment of any type. c. Persons using Knapp Path No. 2 may not, while present on that Path, carry or use in any way guns, firearms, explosive devices, ammunition, firecrackers, bows and arrows or other missile throwing devices of any kind. d. Persons using Knapp Path No. 2 may not, while present on that Path, use at any time any type of noisemaking device (including, without limitation, stereos, amplifiers, boomboxes, whistles, horns, or bells). e. No fires will be permitted at any time at any location along Knapp Path No. 2. No smoking, no littering, and no excretions will be permitted anywhere along Knapp Path No. 2. f. All uses must be strictly confined to the area of Knapp Path No. 2 as described in Exhibit B. g. Members of the public shall at ail times make only such uses of Knapp Path No. 2 as shall result in maintaining Knapp Path No. 2 in good condition and repair, without erosion or other damage. h. Grantor shall have the right to use and occupy Knapp Path No. 2 for any purpose, including the right to bring motorized vehicles onto Knapp Path No. 2 or adjacent properties at any time and for any reason. Grantee and the public recognize and agree that, subject to County land use regulations, Grantor is entitled to erect buildings at any location adjacent to Knapp Path No. 2 and, notwithstanding this ~yLUyl ~-~y~ Y-y~ UEi%U4%yti 11:5yA 1'G lEi Ur' G'/ C~ ~J 2 Grant of Easement, Grantor is entitled to gain access to such buildings at any time using Knapp Path No. 2. i. Grantor shall have the right but not the obligation to maintain, repair and rebuild Knapp Path No. 2 as Grantor may deem necessary. Neither Grantee nor the public shall have the right to enforce upon Grantor the obligation to maintain, repair and rebuild Knapp Path No. 2. j. Grantor shall have the right to erect a gate or gates anywhere along the course of Knapp Path No. 2, provided that any such gate will be designed in a manner to permit access by members of the public for the purposes described in this Grant of Easement. k. Grantor may place signs at any location along Knapp Path No. 2. Such signs may inform members of the public about limitations concerning the uses that may be made of Knapp Path No. 2 as long as such limitations are consistent with this Grant of Easement. Such signs shall be approved in advance by Eagle County. I. Members of the public will stay at least 50 feet away from any building on Grantor's property at all times; Grantor may construct fences of any type or design (subject to applicable County regulations governing fences in such locations) along the perimeter of Knapp Path Nc. 2 for any reason, including to prevent members of the public from gaining access to any of the private land adjacent to Knapp Path No. 2. m. In making use of Knapp Path No. 2 pursuant to this Grant of Easement, the members of the public who use or occupy Knapp Path No. 2 assume all risk of any liability, harm, injury, damage or cost arising or resulting from or related to such use. All liability for personal injury to members of the public as a result of, arising out of, or relating to the use or occupancy of Knapp Path No. 2 shall be borne exclusively by the a~>:fected members of the public. 2. The easement granted hereby shall endure in accordance with the terms hereof, and shall inure to the benefit of and be binding upon and enforceable by the parties hereto and the successors or assigns of each of the parties to the fullest extent permitted in law and equity. 3. The easement granted hereby shall be appurtenant to and run with the land upon which Knapp Path No. 2 is located, and may not be transferred, assigned or conveyed apart or separately from such land but shall transfer along with any transfer of such land. ~ 4. This Grant of Easement shall be given a reasonable ~ construction in light of the intention of the parties hereto to provide reasonable, recreational access to Knapp Path No. 2, but not access to any of the private ~,,~ property adjoining Knapp Path No. 2. byLUyl 13-Fiyli Y-y~ Uti/U4jyb 11:~yA YG 1'/ Ur'L'/ 3 5. The Easement created by this Grant of Easement shall be deemed a "Roadway" for purposes of Colorado Revised Statute Section 43-2- 301(3) (Vol. 17, 1993 Repl. Vol.) and any successor provision relating to vacation proceedings for public roadways. Grantor shall be entitled to seek to have this Easement modified or vacated by filing a petition with the Board of Eagle County Commissioners, Eagle County, Colorado, or by any other means set forth in Colorado Revised Statute Section 43-2-303 (Vol. 17, 1993 Repl. Vol.) (which addresses "methods of vacation") or any successor provision relating to vacation proceedings for public roadways. The Board of Eagle County Commissioners shall have the authority to modify or vacate this Easement, providing that all modifications of this Easement shall require the consent of the Grantor. The Board shall have the authority at any time to execute a document on behalf of the public, which must also be executed by Grantor, reducing, limiting, or extinguishing but not enlarging the rights that Grantor has granted to the public in this Grant of Easement. 6. If the use of Knapp Path No. 2 by members of the public pursuant to the Grant of Easement shall materially change in nature or extent from the recreational uses that the public made of Knapp Road No. 2 prior to this Grant of Easement in any manner and at any time so as to constitute a nuisance, Grantor shall be entitled in such event to petition a court of competent jurisdiction for modification or revocation of this Easement. Such court shall have authority to modify or extinguish this Grant of Easement, and Grantee and the public shall be bound by the court's decision with respect to any such modification or revocation. 7. Grantor and members of the public each may enforce any of the terms of this Grant of Easement. By serving as the public's representative in the execution of this Grant of Easement, the County does not expressly or impliedly assume any responsibility for maintenance and repair of Knapp Path luo. 2, and further the County shall not have any obligation to enforce this Grant of Easement. In case of any breach of the terms hereof by either Grantor or members of the public, and if the responsible party shall not have cured or remedied such breach within a reasonable period after having received written notice from the other party of the alleged breach, this Grant of Easement may be enforced by the injured party in law or equity in a court of competent jurisdiction. Any breach of this Grant of Easement by members of the public is hereby deemed to be and constitute a nuisance, and every public and prime ate remedy allowed therefor by law or in equity shall be appropriate and may be sought by the injured party, including without limitation elimination of the easement created by this Grant of Easement. The parties agree that any party injured by a breach hereof may take all such action as may be reasonably necessary to remedy the breach, and in particular, may institute legal proceedings including an action to compel specific performance of the terms hereof by the party in breach or an action to cancel this Grant of Easement. 8. This Grant of Easement shall be recorded with the Office of the Clerk and Recorder in the County of Eagle, State of Colorado, and the expense of such recordation shall be borne by Grantor. 9. Grantor represents and warrants that it has all necessary power and authority to execute this Grant of Easement. rr, :11 4 ~y'LUyl 13-Eiyb 1'-y~3 U6/U4%yFi 11 : ~yA 1'G lei Ur'L'/ 10. All Exhibits attached hereto are incorporated herein by reference and constitute a part hereof. 11. This Grant of Easement shall be governed by the internal laws of the State of Colorado without regard to the conflict of laws provisions thereof. :Ji UT bydUyl 13-tiUEi 1'-y~i UEi/U4/~ti 11: ~yA YG ly UN' 'L '! ~5 IN WITNESS WHEREOF, Grantor leas executed this Grant of Easement on this "~~I day of , 1996. GRANTOR: ~ West Lake Creek Company, LLC, a Colorado limited liability company r~ / By: ~~ ( By: leon T. Knapp, Manage Eliz th Wood Knapp, Ma er SyGUyl STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. On April ~, 1996 before me, the undersigned, a Notary Public in and for said County of Los Angeles, State of California, personally appeared Cleon T. Knapp personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is~ subscribed to the within Grant of Easement and acknowledged to me that he executed the same in his authorized capacity as Manager of West Lake Creek Company, LLC, a Colorado limited liability company, and that by his signature on the Grant of Easement he, or the entity upon behalf of which he acted, executed the instrument. Witness my hand and official eal. ' ~M>~ -~' Notary Plc -CdMbrNO o ary Public My ,b„~j,200D My commission expires: t ~~ ~~ry~ STATE OF CALIFORNIA 1 ss. COUNTY OF LOS ANGELES ) On April 1996 before me, the undersigned, a Notary Public in and for said County o os Angeles, State of California, personally appeared Elizabeth Wood Knapp personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within Grant of Easement and acknowledged to me that she executed the same C} in her authorized capacity as Manager of West Lake Creek Company, LLC, a ~? Colorado limited liability, company and that by her signature on the Grant of ~ Easement she, or the entity upon behalf of which she acted, executed the instrument. Witness my hand and official al. .-- PIAMELA H.MILLER ~^' Corm~isslon / 1082400 Notary Public `~ Not ~-°d"0R1~O _ Ar~eles count-- My conm.E~res.lan 7.2000 My commission expires: 7 / ~ ~-`~~ 6 ki-byb Y-y~i U(~%U4jyEi 11:5yA YG GU Ur' 'L'/ Site Five Company, LLC, ~y~Uyl a Co redo limited liability company ~~ By. Mana r By. EI zi a h ~ ~ood~ Knapp Man ~ on T. napp, STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. On April • ~ ~ , 1996 before me, the undersigned, a Notary Public in and for said County of Los Angeles, State of California, personally appeared Cleon T. Knapp personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within Grant of Easement and acknowledged to me that he executed the same in his authorized capacity as Manager of Site Five Company, LLC, a Colorado limited liability company, and that by his signature on the Grant of Easement he, or the entity upon behalf of which he acted, executed the instrument. Witness my hand and offici pal. PAMELA H.MIUFR Comm~ion # 108?Am Notary ublic -+ No1a~'-CaAtort~O l,a At~eles Casih- My commission expires: ~~v ~ ~~~~~~ STATE OF CALIFORNIA ) ss. COUNTY OF LOS ANGELES 1 On April ~ 1996 before me, the undersigned, a Notary Public in and for said County of Los Angeles, State of California, personally appeared Elizabeth Wood Knapp personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within Grant of Easement and acknowledged to me that she executed the same ' in her authorized capacity as Manager of Site Five Company, LLC, a Colorado limited liability, company and that by her signature on the Grant of Easement ~ she, or the entity upon behalf of which she acted, executed the instrument. „~ Witness my hand and official ~I. _ _ _ _ _ ~~ ~- - - - - - U r r - `•~ PAMELA H.Mg1ER ota y P blic ~ _~ , ~ # b My commission expires: .2.~ 0 '~ ~ toaatge~e~county My Comn.Expfre~ Jon 7,ZOOo Y-EiyEi Y-y~ Uti/U4/yE~ 11 : byA 1'G ~l UN' 'L'/ 7 Hawley-Reese Company, LLC, a Colorado limited liability company ~^ By: ~ By: ~ eon .Knapp, Manager lizab ood Knapp, Mana STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. On April , 1996 before me, the undersigned, a Notary Public in and for said County of os Angeles, State of California, personally appeared Cleon T. Knapp personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within Grant of Easement and acknowledged to me that he executed the same in his authorized capacity as Manager of Hawley-Reese Company, LLC, a Colorado limited liability company, and that by his signature on the Grant of Easement he, or the entity upon behalf of which he acted, executed the instrument. Witness my hand and official seal. My commission expires: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. '~..~ PYWtEtA H.MIUFR is comnlnlont ~oB24oo ~ ~ Notary P~bec -Ca~Pdrrlo D , My Comm.E~lrea 7Jan ~ On April ~ 1996 before me, the undersigned, a Notary Public in and for said County of Los Angeles, State of California, personally appeared Elizabeth Wood Knapp personally known to me for proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within Grant of Easement and acknowledged to me that she executed the same in her authorized capacity as Manager of Hawley-Reese Company, LLC, a Colorado limited liability, company and that by her signature on the Grant of Easement she, or the entity upon behalf of which she acted, executed the instrument. Witness my hand and official seal. otary Public My commission expires: ~ ~ J ~yLUyl !3-Eiyb 1'-y~i UbjU4/yEi 11:5yA YG 'L~ (~N' G'/ 8 r~ c'^~ ;1I AAMEtA H.MILLER conYrrdon~r iogzaao Notary P~11C - Calitomb los Ntpiles County My Cornir.F~lrea Jan 7,20 Accepted by GRANTEE as representative of the public: Sy~Uyl Board of Eagle County Commissioners By: George A. Gates Title: Chairman, Board of Eagle County Commissioners STATE OF COLORADO ) ss. COUNTY OF EAGLE ) On ~l , 1996 before me, the undersigned, a Ne~ar~.l?uWic.in and f said County of Eagle, State of Colorado, personally appeared George A. Gates known to me to be the person whose name is subscribed to the within Grant of Easement and acknowledged that he executed the same as the authorized representative of the Board of Eagle County Commissioners having the title of Chairman, Board of Eagle County Commissioners. .-~ ~A/itn~ss~ hand and official se ~! .~ . °~ - r- ~ ~.( vw...~ ,My G~orrimission expires: 13-fiyU 1'-y~ UFijU4/yg 11:5yA YG ~;3 U~' ~'/ ~~ :J'1 C~ 9 EXHIBIT A GRANTORS' PROPERTY 1. West Lake Creek Company, LLC: Parcel 1 as shown on that certain parcel map known as the Knapp Property Parcel Map, recorded in the official records of Eagle County, Colorado Clerk and Recorder's Office on July 20, 1995 at Book No. 671 Page 601, Reception No. 567619. 2. Site Five Company, LLC: Parcel 2 as shown on that certain parcel map known as the Knapp Property Parcel~Map, recorded in the official records of Eagle County, Colorado Clerk and Recorder's Office on July 20, 1995 at Book No. 671 Page 601, Reception No. 567619. 3. Hawley-Reese Company, LLC: Parcel 3 as shown on that certain parcel map known as the Knapp Property Parcel Map, recorded in the official records of Eagle County, Colorado Clerk and Recorder's Office on July 20, 1995 at Book No. 671 Page 601, Reception No. 567619. ,~-, 4~ Sy~Uyl 13-(~yb !'-y~i U(~jU4/yEi 11 : byA 1'G G4 Ur' G'/ 10 EXHIBIT B The location of Knapp Path No. 1 and Knapp Path No. 2 is shown on the attached maps prepared by Alpine Engineering. EA961060.034/3 + ~• by'LUyl 13-tiyti 1'-y~i U!i%U4%yb 11 : byA 1'G Lb UN' ~'/ 11 KNAPP PATH No. 2 A strip of land located in Sections 29 and 32, Township 5 South, Range 82 West of the Sixth Principal Meridian, Eagle County, Colorado, being Twenty (20) feet wide, Ten (10) feet on each side of the following described centerline: Beginning at a point on the northerly line of the NW 1/4, SW 1/4, SW 1/4 of Section 29, from which the South 1/16 corner between Sections 29 and 30 bears N 89°30'00" W, 256.93 feet; thence 31.74 feet along the arc of a curve to the right having a radius of 951.64 feet, a central angle of Ol °54' 39" and a long chord which bears S 00°07'18" W, 31.73 feet; thence S O1°04'37" W, 37.97 feet; thence 198.39 feet along the azc of a curve to the left having a radius of 637.96 feet, a central angle of 17°49'02" and a long chord which bears S 07°49'54" E, 197.59 feet; thence S 16°44'25" E, 226.98 feet; thence 85.74 feet along the azc of a curve to the right having a radius of 199.63 feet, a central angle of 24°36'2T' and a long chord which bears S 04°26' 11" E, 85.08 feet; thence 154.50 feet along the arc of a compound curve to the right having a radius of 454.47 feet, a central angle of 19°28'39" and a long chord which bears S 17°36'22" W, 153.75 feet; thence 153.86 feet along the arc of a reverse curve to the left having a radius of 167.63 feet, a central angle of 52°35'25" and a long chord which bears S O1°02'58" W, 148.52 feet; thence S 25°14'44" E, 101.67 feet; thence 125.02 feet along the arc of a curve to the right having a radius of 409.93 feet, a central angle of 17°28'2T' feet and a long chord which bears S 16°30'30" E, 124.54 feet; thence S 07°46' 17" E, 158.81 feet; thence 59.92 feet along the azc of a curve to the right having a radius of 482.45 feet, a central angle of 07°06'59" and a long chord which bears S 04°12'4T' E, 59.88 feet; thence S 00°39°18" E, 235.20 feet; thence 88.94 feet along the arc of a curve to the left having a radius of 236.79 feet, a central angle of 21 °31' 14" and a long chord which bears S 11°24'55" E, 88.42 feet; thence S 22°10'32" E, 152.22 feet; thence 97.80 feet along the arc of a curve to the left having a radius of 125.90 feet, a central angle of 44°30'36" and a long chord which bears S 44°25'50" E, 95.36 feet; thence 276.47 feet along the arc of a reverse curve to the right having a radius of 28720 feet, a central angle of 55°09' IT' and a long chord which bears S 39°06'30" E, 265.92 feet; thence S 11°31'51" E, 77.67 feet; thence 79.73 feet along the arc of a curve to the left having a radius of 393.11 feet, a central angle of 11 °37' 12" and a long chord which bears S 17°20'2T' E, 79.59 feet; thence S 23°09'03" E, 91.97 feet; thence 98.66 feet along the arc of a curve to the right having a radius of 246.72 feet, a central angle of 22°54'46" and a long chord which bears S 11°41'40" E, 98.01 feet; thence S 00° 14' 1 T' E, 107.76 feet to the Point of Terminus, from which the S W corner of Section 29 bears N 29°22'OT' W, 1390.54 feet. ;;,....;~ 'F~F ~~; 24325 ~: a• ~• .~•~~ ' o~ SAL LAyO ,1. ~6 -y'(P ~. by'LUyl J3-(~yb Y-yli U(~/U4%yE 11 : byA YCi 'LEi UN' 2~1 ', NE CORNER NW i/4, SW 1/4 S89'30'00"E 663.63' of sw i/4, sec 29 256.93' C1 P.O.B. L' ' S /16 CORNER SEC. 3029 T5S, R82W, 6TH PM C2 Z N O~1 Q 4 ~ f I I :~1 SW CORNER SECTION 29 s+ TSS, R82W, 6TH PM v :7 T t~ ~ I ~ I d" I :D ~ ' ~ ~ :U :D I I ~ I 37 :V S1 ~' I ,.aA~ L2 C4 L3 KNAPP PATH NO. 2 0 0 .. CURVE Ci C2 C3 RADIUS 951.64' 637.96' 199.63' LENGTH 31.74' 198. 9' 85.74' TANGENT 15.87' 100.00' 43.54' CHORD 31.73' 197.59' 85.08' BEARING S00'07'18'W S07'49'S4'E S04'26'11'E ELTA 01'54'39' 17'49'02' 24'36'27' C4 454.47' 154.50' 78.00' 153.75' S17'36'22'W 19'28'39' C5 167.63' 153.86' 82.83' 148.52' SOt'02'S8'W 52'35'25' C6 409.93' 125.02' 63. '2 ' , , C10 287.20' 276.4 ' 150.00' 265.92' S39'06'30'E 44' 6 55'09'17' Cit 393.11' 79.73' 40.00' 79.59' S17'20'27'E 11'37'12' C12 246.72' _ 98.66' 50.00' 98.01' S11'41'40'E 22'54'46' C6 I L4 l5 C8 L6 C9 ti~ , ~~ i° o ~r_ 4c ~,i~-~~ L7 1 C11 12 l9 ~P.O. T. SCALE: 1" = 200' t'~1 ,e' r ., W 1/4 i .~ EDWARDS DUSNE55 CENTER P.O. DOX 41 ~ EDWARDS. COLORADO 87632 ~ <JOJ) 926-JJ73 ~A% f'-n'~) 99b-'1'S9n