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Home My WebLink Aboutbocc.ord.037.2008v ~ AN EMERGENCY ORDINANCE OF THE BOARD OF COUNTY a c COMMISSIONERS OF PITKIN COUNTY, COLORADO o Z 'o AUTHORIZING N a ~ TRAIL LICENSE AGREEMENT WITH N ~ x d~ MEADOWOOD METROPOLITAN DISTRICT CONTRACT # 3~ ~ a S o p 'a ~i U - o c o ~ p ~ ORDINANCE #~ SERIES OF 2008 ~ o V , i6 ¢"r~ O ~ ~ a Y RECITALS a~ W ~ 'f' u w c o ~~ 1. The Voters of Pitkin County and the Pitkin County Commissioners established an ~ " ~ '' Open Space and Trails Fund for the purposes of preserving and providing open space and trails resources in Pitkin County, and established an Open Space and Trails Board of Trustees to guide the expenditure,of those funds. 2. The Voters of Pitkin County in 2006, approved inclusion of funding for nordic program in the Open Space and Trails mission, and the Aspen Snowmass Nordic Council (ASNC) serves as advisory council to the Open Space and Trails Board (OSTB), in its continued oversight of the nordic system. 3. January 8, 2008 the Pitkin County Commissioners adopted the Pitkin County Nordic Trails Plan. 4. The Meadowood Metropolitan District, previously known as the Meadowood Homeowners Association wishes to continue a Trail License Agreement for cross- country skiing, touring skis or snow snowshoes use during the winter months for the next three yeazs. 5. The Meadowood Metropolitan District has worked cooperatively with Open Space and Trails and the Aspen Snowmass Nordic Council to continue a three yeaz winter Trail License Agreement securing a vital nordic trail link. 6. The Open Space and Trails Board recommends acceptance of the Trail License Agreement. 7. The BOCC finds that adoption of this ordinance is necessazy for the immediate preservation of the public health, safety, and welfare of the citizens of Pitkin County and therefore declares this ordinance and legislation to be effective upon adoption December 17, 2008 pursuant to Pitkin County Home Rule Charter Section 2.8.2. NOW, THEREFORE, be it ordained by the Board of County Commissioners of Pitkin County, Colorado that the Board of County Commissioners does hereby accept the grant of a Trail License Agreement as described above, and authorizes the Chair or its designee to execute the Trail License Agreement with the Meadowood Metropolitan District signed by the District December 9, 2008. INTRODUCED, .READ AND APPROVED ON THE 17th DAY OF DECEMBER, 2008 AND SET FOR COMFIRMATORY PUBLIC HEARING ON JANUARY 14, 2009. NOTICE OF PU~LIC HE ~N~ G PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE ~ DAY OF ~7~plL' 2008. ,! CONFIRMED AT A PUBLIC HEARING ON JANUARY 14, 2009. /'/K.4-G ~bt/G~G O~v~ISf~Ed Ova- ~a.vt~~vy ~S'/ ~QO~/ APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS OF PITHIN COUNTY, COLORADO ~~ Ja atfield, h irm. n Date: ~ / `~~j) ~ John Ely Hilar Fletcher County orney ,~ ~ Cou Manager Open Space and Trails Program Ordinance No. - 2008 Page 2 ATTEST: RECEPTION#: 556033, 01/28/2009 at 10:41:12 AM, ~ OF 3, R $0.00 Doc Code AGREEMENT Janice K. Vos Caudill, Pitkin County, CO TRAIL LICENSE AGREEMENT (Pitkin County as Grantee) This TRAIL LICENSE AGREEMENT is made and entered into this ~ day of v 2008 by and between Meadowood Metropolitan District (hereinafter referred to as "Grantor") and the County Commissioners of Pitkin County, a corporate and body politic ("Grantee"). WITNESSETH WHEREAS, Grantor desires to grant to Grantee a certain trail license agreement for the purposes and uses set forth below, over and across real property located in the County of Pitkin, State of Colorado, more particularly described in Exhibit A, attached hereto and made a part hereof by this reference, (hereinafter referred to as the "License"); and WHEREAS, Grantee desires to accept said License upon the terms and conditions set forth below; NOW, THEREFORE, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor hereby grants and conveys to Grantee, its successors and assigns, for the benefit of the general public, across-country skiing trail license over and across the area described in the license depicted in Exhibit "A" appended hereto and by this reference incorporated herein; subject to the terms and conditions set forth below. 1. Term. The license shall remain in effect for a period of 3 years from the date hereof, unless sooner terminated as provided herein. 2. Purposes and Uses. The license shall be used solely and exclusively for cross- country skiing during the winter months. Such use shall include the setting and maintenance of cross- country tracks by mechanized equipment or by hand, as well as the construction and placement of informational trail signs and markers. At its own cost and expense, the Grantee shall install such gates, bridges or other improvements that are necessary for the use and maintenance of the trail system and for the passage of track-setting equipment in the winter. The Grantee shall obtain the Grantor's permission prior to constructing such improvements. Use of the license shall at all times be available to any person gaining access through authorized access points or trailheads established and maintained by the Grantee and utilizing cross-country, touring skis, or snowshoes. Snowmobiles, except for those utilized by the Nordic Program, shall be prohibited. The Grantee shall communicate with the Grantor on a regular basis, and will keep the Grantor informed as to all matters which concern the trails for which this license has been granted. 3. No Easement for Access. Nothing herein shall be construed to grant an easement across other property of the undersigned in order for individuals to gain access to the trail. The County shall provide and maintain reasonable access and trailhead points in order to minimize opportunities for entering or leaving the trail. 4. Indemnification. It is the intention of the parties to make the land available to the public for recreational purposes without charge, and to limit the parties' liability to persons entering thereon for such purposes. In the event that either or both of the parties might otherwise be liable under applicable statutes, Grantee hereby agrees, to the extent permitted by law, to indemnify and hold Grantor harmless from and against claims or awards for loss, damage or any liability including reasonable attorney's fees and costs, which may result from Grantee's acts or omissions covering and including, but not by way of limitation, installation, excavation, fill, construction, maintenance, repair, replacement, public use or location of the trail or attendant facilities, as subsequently determined by a court of competent jurisdiction. Nothing herein shall constitute a waiver of Grantee's rights as provided in Section 24-10-101, et sue., C.R.S. 5. Termination. Grantor may terminate this agreement at any time, for any reason, following delivery of written notice of termination to the Grantee, which notice shall be delivered at least four (4) months in advance of the termination date. Such termination shall be automatic and shall be effective immediately; if for any reason any lands of Grantor are acquired by the City of Aspen or Pitkin County via condemnation or similar proceedings. 6. License subiect to Prior Agreements. The rights and privileges granted by this license are subject to prior agreements, easements, and conveyances recorded, or unrecorded. Grantor represents that it has no knowledge of any recorded or unrecorded agreements, easements or conveyances with respect to such property which would preclude Grantee from using the property for a trail as contemplated herein. 7, Reasonable Care. Grantee agrees to use reasonable care in construction of improvements within the area of the license, and agrees to avoid damage to the surrounding land and improvements thereto, and further agrees to restore such land and improvements to their condition immediately prior to any construction, improvements, repairs to the trail. Grantee agrees to restore the property to its original state at the end of each ski season. TN WITNESS WHEREOF, the parties have executed the foregoing on the day and year above first given. GRANTOR: GRANTEE: (~ Title: C /~~z~ n~-~,t~ Title: ~~oc'C ~ ~Z/y„wy~ STATE OF COLORADO ) COUNTY OF PITKIN SS. Subscribed and swom to before me by r ~i. n{; f~~/rcc(~~15~a.i 17- this ~ day of ~Wrnhtti , 20¢~ Wifiess my hand and official seal. 5andz My commission expires: , ~ \ '~I~txhtt1~1O1Nl~ ~°jss, /aS,r-~jrr. 1'Y1Ct,t,~~~. 1' *`„~j~i~ ~ y .i;'c ~-•(~'•.ZDIU NotaryPu is ,'„' pi78~ ~\ tom- Address: _ z _ STATE OF COLORADO) ^Y'd ~- COUNTY OF PITKIN ) SS. ' db, N,t~3 ~ ` ` _ ~!!UlII111~~x Subscribed and swom to before me by'~~~ ~}~ e ~~ t~UCGCNAI~jMAA) this ~. N~ da ~~~C P1~ 62-~ , 2(~$ Witness my hand and official seal. ,p,~ p,RY ~ Jer My commission expires: /~'U / - Z ~~ `' ' • ~~`~ o ublic r, ~'~,fu 6 Address: 530 E.~fi¢!N ~%/ ~ .~c~T°. " (D SU Q O O O Q ii O Q n r ~' rn rn LX~/3 /f TRAIL LICENSE AGREEMENT (Pitkin County as Grantee) 1/ This TRAIL LICENSE AGREEMENT is made and entered into this ~ day of ~/ (~~~ 2008 by and between Meadowood Metropolitan District (hereinafter referred to as "Grantor") and the County Commissioners of Pitkin County, a corporate and body politic ("Grantee"). WITNESSETH WHEREAS, Grantor desires to grant to Grantee a certain trail license agreement for the purposes and uses set forth below, over and across real property located in the County of Pitkin, State of Colorado, more particulazly described in Exhibit A, attached hereto and made a part hereof by this reference, (hereinafter referred to as the "License"); and WHEREAS, Grantee desires to accept said License upon the terms and conditions set forth below; NOW, THEREFORE, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor hereby grants and conveys to Grantee, its successors and assigns, for the benefit of the general public, across-country skiing trail license over and across the azea described in the license depicted in Exhibit "A" appended hereto and by this reference incorporated herein; subject to the terms and conditions set forth below. L Term. The license shall remain in effect for a period of 3 years from the date hereof, unless sooner terminated as provided herein. 2. PurRoses and Uses. The license shall be used solely and exclusively for cross- country skiing during the winter months. Such use shall include the setting and maintenance of cross- country tracks by mechanized equipment or by hand, as well as the construction and placement of informational trail signs and markers. At its own cost and expense, the Grantee shall install such gates, bridges or other improvements that are necessary for the use and maintenance of the trail system and for the passage of track-setting equipment in the winter. The Grantee shall obtain the Grantor's permission prior to constructing such improvements. Use of the license shall at all times be available to any person gaining access through authorized access points ortrailheads established and maintained by the Grantee and utilizing cross-country, touring skis, or snowshoes. Snowmobiles, except for those utilized by the Nordic Program, shall be prohibited. The Grantee shall communicate with the Grantor on a regular basis, and will keep the Grantor informed as to all matters which concern the trails for which this license has been granted. 3. No Easement for Access. Nothing herein shall be construed to grant an easement across other property of the undersigned in order for individuals to gain access to the trail. The County shall provide and maintain reasonable access and trailhead points in order to minimize opportunities for entering or leaving the trail. 4. Indemnification. It is the intention of the parties to make the land available to the public for recreational purposes without charge, and to limit the parties' liability to persons entering thereon for such purposes. In the event that either or both of the parties might otherwise be liable under applicable statutes, Grantee hereby agrees; to the extent permitted by law, to indemnify and hold Grantor harmless from and against claims or awards for loss, damage or any liability including reasonable s,/ J attorney's fees and costs, which may result from Grantee's acts or omissions covering and including, but not by way of limitation, installation, excavation, fill, construction, maintenance, repair, replacement, public use or location of the trail or attendant facilities, as subsequently determined by a court of competent jurisdiction. Nothing herein shall constitute a waiver of Grantee's rights as provided in Section 24-10-101, et sec ., C.R.S. 5. Termination. Grantor may terminate this agreement at any time, for any reason, following delivery of written notice of termination to the Grantee, which notice shall be delivered at least four (4) months in advance of the termination date. Such termination shall be automatic and shall be effective immediately; if for any reason any lands of Grantor are acquired by the City of Aspen or Pitkin County via condemnation or similaz proceedings. 6. License subiect to Prior Agreements. The rights and privileges granted by this license are subject to prior agreements, easements, and conveyances recorded, or unrecorded. Grantor represents that it has no knowledge of any recorded or unrecorded agreements, easements or conveyances with respect to such property which would preclude Grantee from using the property for a trail as contemplated herein. 7. Reasonable Caze. Grantee agrees to use reasonable caze in construction of improvements within the area of the license, and agrees to avoid damage to the surrounding land and improvements thereto, and further agrees to restore such land and improvements to their condition immediately prior to any construction, improvements, repairs to the trail. Grantee agrees to restore the property to its original state at the end of each ski season. IN WITNESS WHEREOF, the parties have executed the foregoing on the day and year above first given. GRANTOR: GRANTEE: ~/ By: BY~ ` • Title: ~I~GS ~~~ Title: (3oCC ~ STATE OF COLORADO ) SS. COUNTY OF PITKIN ) Subscribed and swom to before me by ~Ci. n~ ~~~ ~~/59aa I `" this ~ day of j7t UimEar.._ , 20~ir. Witness my hand and official seal. yttQS~ndk~ ~ ti~'av`~yr'IOJ ~~~ ~SS% My commission expires: ~ ~`~~~ ~ ~~,~ . ~ i~ ~ I G.'~ ~ _ ~ '~8 y i r ~-•I }.bolo Nota1 ry Pubic _' ~ gyp- ~a -_ T Address: Z; Y~\ v~ic~ STATE OF COLORADO) %Ydydyj,Q~ ,~ \`c COUNTY OF PITKIN ) ) SS. - ~~~i~~NA't35~0~~ Subscribed and swom to before me byT4r ~ ~~ ~-G"~IAlP,MAa this .~2 N~ da ~p f PJM g~/l 2Q~ Witness my hand and official seal. O•(PR`• PVe` ?: ~• ••• ':ter M commission ex fires: /~ "V / - 2 ~~ Y P !_YNDEE R. . o ublic DEAN Address: ,~j 30 E •/1~~iN -n'~ ~ Nj;•.• f}soeN~ co . ~iG// 9~or;,o+-o~'~o° r^ ~~ V! ~J Q O O O Q Z 0 n' -~ r rn c~