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HomeMy WebLinkAboutbocc.ord.017.2009CONTRA # 9� - a � RECEPTION #: 564888,12/0112009 at 03:24 :13 PM, 1 OF 29, R $0.00 Doc Code ORDINANCE Janice K. Vos Caudill, Pitkin County, CO AN EMERGENCY ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, AUTHORIZING EXECUTION OF CRYSTAL PHASE ONE BICYCLE/PEDESTRIAN TRAIL LICENSE AGREEMENT WITH THE COLORADO DEPARTMENT OF TRANSPORTATION. 4� ORDINANCE # 6/7 , SERIES OF 2009 N RECITALS g, 1. The construction of a bicycle - pedestrian trail along Highway 133 in the Crystal Y River drainage is a longstanding public goal, as recognized in Crystal River Valley Bicycle Trail Study (Pitkin County 1994) the Club 20 "Missing Links" report (1996), the Pitkin County Crystal River Master Plan (2003), the West Elk Loop Scenic Byway k Crested Butte to Carbondale Trail Feasibility Report (2008); and 2. The Towns of .Carbondale has constructed the first legs of this trail which currently extend from Highway 82 down Highway 133 to Snowmass Drive; and 3. Phase 1 of the Crystal Trail is proposed to utilize the State's Highway 133 right of way to extend the existing Carbondale trail approximately 5.3 miles up to the v Seven Oaks Bridge; and 4. The Open Space Board and Board of County Commissioners have approved all County funds needed to complement other funding from GOCO, Garfield County, the Town of Carbondale, and other private sources, to proceed with 2009 construction of Phase 1 of the trail subject to final approval of a trail license agreement with the Colorado Department of Transportation ( "CDOT "). 5. The County Ho! e- ule Charter Requires that the BOCC itself execute the CDOT license agreement allowing Pitkin County to place a trail in the State's Right of ` Way. NOW THEREFORE BE IT ORDAINED by the Board of County Commissioners of Pitkin County, Colorado, that the Board Chair is authorized to execute the Crystal Phase One Bicycle/Pedestrian Trail License Agreement with the Colorado Department of Transportation, as well as any other document as may be necessary to perfect CDOT's approval to initiate construction of this project, following the final approval of easement form by the County Attorney and Open Space Director. The BOCC finds that adoption of this ordinance is necessary 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 immediately pursuant to Pitkin County Home Rule Charter Section 2.8.2. INTRODUCED, FIRST READ, AND APPROVED ON THE 24th DAY OF JUNE, 2009. NOTICE OF PU LIC HEARI LISHED IN THE ASPEN TIMES WEEKLY ON THE � s DAY OF ..c 2009. CONFIRMED UPON SECOND READING AND PUBLIC HEARING ON THE 246k DAY OF34 2009. PUBLISHED AFTER ADOPTION IN THE WEEKEND EDITION OF THE ASPEN TIMES ON THE '("- DAY OF A (' I 1 .2009. BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO 7/qm� /t4- Patti Kay - Clapper Chair Date: 06 - ?U — d ? APPROVED AS TO FORM: John Ely Cou rney ale ill, Director Open Space and Trails Program Hilary F her County Manager ATTEST: Turnbull Trail Easement 6/12/2009 111V' "OtAeW A& /to 011- X009 TRAIL EASEMENT Awlx "dK, THIS PUBLIC TRAIL EASEMENT (the "Trail Easement'), made and entered into this day o 2009, by and between Four Bar Ranch Company, Ltd. ( "Grantor "), the 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 Garfield County, Colorado, which lies adjacent State Highway 133, and 2. The Town of Carbondale and Pitkin County, with assistance from Garfield County, are seeking to construct a bicycle - pedestrian trail ( "Crystal Trail ") along and adjacent to State Highway 133 and desire to encroach on Grantor's property due to the very narrow State highway right of way available in this location, and 3. Grantor currently has a point of access onto Highway 133 between Prince Creek Road and the Crystal River which will be traversed by the Crystal Trail, and it is the mutual understanding of Grantor and Grantee that the presence of the trail shall not impair Grantor's ability to increase the use of that access in the future. 4. Grantor desires by this instrument to establish and to grant to Grantee a perpetual Trail Easement over, upon and across the property of Grantor as one link in the Crystal Trail, and 5. Grantee desires by this instrument (a) to accept said Trail 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 Easement. Grantor hereby grants, transfers and conveys unto Grantee and its successors and assigns, for the use and benefit of the general public a 10' wide non - exclusive perpetual Trail Easement to be located as depicted on Exhibit A. Use of the trail easement by the general public shall be exclusively non - motorized except for equipment as may be needed for trail construction or maintenance. RECEPTION #: 560215, 06/2412009 at 02:29:40 PM, 1 OF 6, R $0.00 Doc Code EASEMENT Janice K. Vos Caudill, Pitkin County, CO I Turnbull Trail Easement 6/12/2009 2. Grantee hereby accepts the Public Trail 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 shall not preclude improvement, repair or maintenance activities within the Public Trail Easement insofar as such activities may be allowed or required by this Easement. 3. Trail Use Restrictions. (a) Public use of the Trail Easement shall be exclusively for non - motorized recreation such as hiking, horseback riding, bicycling and nordic skiing; provided that, during the irrigation season, Grantor and Grantor's employees shall be entitled to use the trail for access, including by use of all terrain vehicles at no more than fifteen miles per hour, to the irrigation ditch headgates serving Grantor's properties. (b) Trail Easement Care and Maintenance. Prior to allowing public use of the trail easement, Grantee will erect a fence on the boundary between the Trail Easement and the balance of the Grantor's lands. Such fence shall be adequate to prevent public use of the trail from impairing agricultural uses on Grantor's lands, and shall be constructed at the Grantee's expense. Grantee hereby assumes complete responsibility for and agrees to care for, groom and maintain the Trail 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 the gross negligence or willful misconduct of Grantor, its 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. Grantee's maintenance responsibilities shall include, but not be limited to, trash and debris removal, keeping the Trail clear of rocks, vegetation and other obstructions, grooming as needed, controlling erosion and water runoff, and general care and maintenance. 4. Grantor's immunitv. The parties expressly acknowledge that the Trail 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 §.e q. By granting the Trail Easement, Grantor shall have no obligation to repair, clear or otherwise maintain the area within the Trail 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 Trail Easement for public non - motorized travel or otherwise, or due to the condition of the Public Trail Area. 5. Attornevs' Fees. In the event the interpretation or enforcement of this Trail Easement should ever become the subject of litigation between Grantor, Grantor's successors and assigns in the record ownership of the Turnbull Trail Easement 6/12/2009 underlying real property traversed by the Trail 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. 6. Binding Effect. This Easement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors and assigns forever including all future record owners of the underlying real property traversed by the Trail 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 Trail 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 Trail Easement. 7. Grantor Access to State Highwav 133. The parties hereto recognize that Grantor has a point of access onto State Highway 133 that will be traversed by the trail in a location where the trail will be entirely within the State's Right of Way, and Grantee agrees to cooperate with Grantor to facilitate any increase of use desired by Grantor for this point of access in the future, including any requisite modification of a Colorado Department of Transportation trail license within the state Right of Way on the adjacent highway frontage. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the day and year first above written. GRANTOR: Four Bar Ranch Company, Ltd. C By: Thomas R. Turnbull, General Partner STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me this le/A day of 2009, by Thomas R. Turnbull as General Partner of Four Bar Ranch Company, Ltd. Witness my hand and official seal. My commission expires:34-9. // Q , Notary Public B Pty Q G. . . ...... TE 4F �.•• Turnbull Trail Easement 6/12/2009 GRANTEE: Pitkin County, Colorado B k Patti Kay - Clapper, CUirman ATE OF COUNTY OF PITKIN ss. The foregoing instrument was acknowledged before me this �Zr of u U ,-e- , 2009, by Patti Kay Clapper, Chair of the Board of County Commissioners of Pitkin C unty, Colorado, and attested to Witness my hand and official seal. My commission expires: 6 AN Notary Public 1 eGG 's ��c�LORP��`�o // Ies 01 6 LEGAL DESCRIPTION PE -21 REV.1 TRAIL EASEMENT A PORTION OF SECTION 10, TOWNSHIP 8 SOUTH, RANGE 88 WEST OF THE 6th PM, COUNTY OF PITKIN, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARING: A LINE BETWEEN THE NORTHEAST CORNER AND A WITNESS CORNER TO THE SOUTHEAST CORNER OF SECTION 10, TOWNSHIP 8 SOUTH, RANGE 88 WEST OF THE 6th PM, COUNTY OF GARFIELD, STATE OF COLORADO, BEING MONUMENTED BY AT THE NORTH BY A STONE AND AT THE SOUTH BY A WITNESS CORNER BEING A 3.5" BRASS CAP MARKED "GARFIELD COUNTY CO." N00 °08'29 "W, 27.18 FEET FROM ACTUAL CORNER LOCATION, IS ASSUMED TO BEAR N00 °17'34 "W, WITH A DISTANCE OF 5299.71 FEET BETWEEN SAID MONUMENTS. COMMENCING AT THE STONE MONUMENT FOR THE NORTHEAST CORNER OF SAID SECTION 10; THENCE S54 °35'38 "W, A DISTANCE OF 1294.99 FEET TO A POINT ON THE EASTERLY RIGHT -OF -WAY LINE OF STATE HIGHWAY NO. 133 AND THE POINT OF BEGINNING; THENCE S03 °20'39 "E, ON SAID EASTERLY RIGHT -OF -WAY, A DISTANCE OF 109.08 FEET; THENCE S02 0 20'14 "E A DISTANCE OF 92.21 FEET; THENCE S01 °55'59 "E A DISTANCE OF 96.52 FEET; THENCE S00 0 13'56 "W A DISTANCE OF 76.71 FEET; THENCE S00 A DISTANCE OF 145.07 FEET; THENCE S03 0 3635 "W A DISTANCE OF 28.19 FEET TO A POINT OF CURVATURE; THENCE ON THE ARC OF A NON - TANGENT CURVE TO THE LEFT HAVING A DELTA OF 02 0 50'38" AND A RADIUS OF 11,030.58, A DISTANCE OF 547.51 FEET, SAID CURVE HAVING A CHORD THAT BEARS N00 °56' 14 "W, WITH A LENGTH OF 547.45 FEET, TO THE POINT OF BEGINNING. CONTAINING A CALCULATED AREA OF 1,566 SQUARE FEET. Exhibit A Page 1 of 2 1 J POINT OF BEGINNING M M O Z } Q 3 c�3 f- rn Q= 02'50'38', R- 11030.57' L= 547.51' CH= 547.45' N00'56'1 4 "W EASTERLY ROW OWNER: Four Bar Ranch Company, Ltd. N � O I � Ui UI !O a m to rn cn N co n 3 a tD i� r J i � I N ° w N O I- a. o � ui CL 3 N in U) O O In 3 in � M (L) N M O to 60 3,0 0 SCALE: 1" = 60' J a TRAIL EASEMENT 1,566 SO. FT. PE -21 REV. 1 TRAIL EASEMENT JOB NO. 39537.00 I 07 -30 -08 SHEET 2 OF 2 J•R ENGn4E3W NG A WBNNB GampieT 20 Fed Rasped R* 9Aa IOD• Fad Caka 00 OW Exhibit A Page 2 of 2 1� POINT OF COMMENCEMENT NORTHEAST CORNER OF SEC. 10-T8S -R88W FOUND STONE q j5 - ,F35'3 8 1294.9 No �� NI I 'N O h � I . M SOUTHEAST WIAVESS CORNER OF N SEC 10- T2i'S- -R88W N1, FOUND WflNESS CORNER � r o BEING A. J5" BRASS CAP m g MARKED GARnao COUNTY CO. "\ I N � O I � Ui UI !O a m to rn cn N co n 3 a tD i� r J i � I N ° w N O I- a. o � ui CL 3 N in U) O O In 3 in � M (L) N M O to 60 3,0 0 SCALE: 1" = 60' J a TRAIL EASEMENT 1,566 SO. FT. PE -21 REV. 1 TRAIL EASEMENT JOB NO. 39537.00 I 07 -30 -08 SHEET 2 OF 2 J•R ENGn4E3W NG A WBNNB GampieT 20 Fed Rasped R* 9Aa IOD• Fad Caka 00 OW Exhibit A Page 2 of 2 1� Turnbull Trail Easement 6/12/2009 /t/ D /T- = TRAIL EASEMENT ,• o THIS PUBLIC TRAIL EASEMENT (the Trail Easement) z " Easement"), and entered into this day o 2009, by and between Four Bar Ranch Company, Ltd. -r ( "Grantor "), the County Commissioners of Pitkin County, Colorado, a body corporate and politic ( "Grantee "), gCE LO Q RECITALS: -.e M L ry� MME 0 1. Grantor is the record owner of certain real property located in Sao Garfield County, Colorado, which lies adjacent State Highway 133, and �pm r Lo • • N U 2. The Town of Carbondale and Pitkin County, with assistance from Garfield �- , LL n C c, ° County, are seeking to construct a bicycle - pedestrian trail ( "Crystal Trail ") along and - adjacent to State Highway 133 and desire to encroach on Grantor's property due to the vo ° very narrow State highway right of way available in this location, and W r ° 3. Grantor currently has a point of access onto Highway 133 between Prince Creek Road and the Crystal River which will be traversed by the Crystal Trail, and it is the mutual understanding of Grantor and Grantee that the presence of the trail shall not impair Grantor's ability to increase the use of that access in the future. 4. Grantor desires by this instrument to establish and to grant to Grantee a perpetual Trail Easement over, upon and across the property of Grantor as one link in the Crystal Trail, and 5. Grantee desires by this instrument (a) to accept said Trail 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 Easement. Grantor hereby grants, transfers and conveys unto Grantee and its successors and assigns, for the use and benefit of the general public a 10' wide non - exclusive perpetual Trail Easement to be located as depicted on Exhibit A. Use of the trail easement by the general public shall be exclusively non - motorized except for equipment as may be needed for trail construction or maintenance. RECEPTION #: 56021 at 02:29 :40 PM, 1 OF 6. R $0.00 Doc Code EASEMENT Janice K. Vos Caudill, Pitkin County, CO ■1l► V101 Turnbull Trail Easement 6/12/2009 Rece 11/04/2 5 ion 1 : 12 7778 4 8 2 PM Jean Rlberice 2 of 6 Rec Fee $31 00 Doc Fee,0.00 GARFIElD COUNTY GO 2. Grantee hereby accepts the Public Trail 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 shall not preclude improvement, repair or maintenance activities within the Public Trail Easement insofar as such activities may be allowed or required by this Easement. Trail Use Restrictions. (a) Public use of the Trail Easement shall be exclusively for non - motorized recreation such as hiking, horseback riding, bicycling and nordic skiing; provided that, during the irrigation season, Grantor and Grantor's employees shall be entitled to use the trail for access, including by use of all terrain vehicles at no more than fifteen miles per hour, to the irrigation ditch headgates serving Grantor's properties. (b) Trail Easement Care and Maintenance. Prior to allowing public use of the trail easement, Grantee will erect a fence on the boundary between the Trail Easement and the balance of the Grantor's lands. Such fence shall be adequate to prevent public use of the trail from impairing agricultural uses on Grantor's lands, and shall be constructed at the Grantee's expense. Grantee hereby assumes complete responsibility for and agrees to care for, groom and maintain the Trail 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 the gross negligence or willful misconduct of Grantor, its 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. Grantee's maintenance responsibilities shall include, but not be limited to, trash and debris removal, keeping the Trail clear of rocks, vegetation and other obstructions, grooming as needed, controlling erosion and water runoff, and general care and maintenance. 4. Grantor's immunitv. The parties expressly acknowledge that the Trail Easement is granted for a "recreational purpose" under C.R.S. Section 33- 41 -101, et Leg., 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 sere . By granting the Trail Easement, Grantor shall have no obligation to repair, clear or otherwise maintain the area within the Trail 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 Trail Easement for public non - motorized travel or otherwise, or due to the condition of the Public Trail Area. 5. Attornevs' Fees. In the event the interpretation or enforcement of this Trail Easement should ever become the subject of litigation between Grantor, Grantor's successors and assigns in the record ownership of the �0 ■Ili h'i �I'��i�u 4, p± 11�: 1����1�r��1� ++�''�1�:1���.R���hi� ll! Turnbull Trail Easement 6/12/2009 Reception #: 777284 11/04/2009 12 58 25 PM Jean Rlherico 3 of F Rec Fee $31 00 Doc Fee 0.00 GARFIELD C01JHTY (0 underlying real property traversed by the Trail 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. 6. Binding Effect. This Easement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors and assigns forever including all future record owners of the underlying real property traversed by the Trail 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 Trail 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 Trail Easement. 7. Grantor Access to State Hiahwav 133. The parties hereto recognize that Grantor has a point of access onto State Highway 133 that will be traversed by the trail in a location where the trail will be entirely within the State's Right of Way, and Grantee agrees to cooperate with Grantor to facilitate any increase of use desired by Grantor for this point of access in the future, including any requisite modification of a Colorado Department of Transportation trail license within the state Right of Way on the adjacent highway frontage. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the day and year first above written. GRANTOR: Four Bar Ranch Company, Ltd. By: Thomas R. Turnbull, General Partner STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) / The foregoing instrument was acknowledged before me this � day of . 2009, by Thomas R. Turnbull as General Partner of Four Bar Ranch Company, Ltd. Witness my hand and official seal. My commission expires:.3• /a. // � L. " c_�,, Notary Public Q �. •.: ': v ) 'A E " 4F�.•. ■III wl j. I' '4I Via Hv'sF4 1% «�Y I���l Bill I Turnbull Trail Easement 6/12/2009 Re O4 ion 1 : 8 25 P 11rO41 ?009 12 58 25 PM Jean Rlberico 4 of 5 Rec Fee $31 00 Doc Fee 0 00 GARFIELD COUNTY CO GRANTEE: Pitkin County, C 'lo olorado o,� By: � �C - "/7" Patti Kay - Capper, Chairman T: ATE OF COUNTY OF PITKIN ss. 6. ,:A The foregoing instrument was acknowledged before me this � day of V In .-:e, . 2009, by Patti Kay Clapper, Chair of the Board of County Conrissioners of Pitkin C unty, Colorado, and attested to Witness my hand and official seal. My commission expires COLORP / / / /,�Iltt����;2 E xpires 01 Notary Public r9- mill A 1 1 1 1 0 4 Reception #: 777284 11/04/2009 12.58 26 PM Jean Rlberico 5 of 6 Rec Fee $31.00 Doc Fee 0 00 GARFIELD COUNTY CO LEGAL DESCRIPTION PE -21 REV. 1 TRAIL EASEMENT A PORTION OF SECTION 10, TOWNSHIP 8 SOUTH, RANGE 88 WEST OF THE 6th PM, COUNTY OF PITKIN, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARING: A LINE BETWEEN THE NORTHEAST CORNER AND A WITNESS CORNER TO THE SOUTHEAST CORNER OF SECTION 10, TOWNSHIP 8 SOUTH, RANGE 88 WEST OF THE 6th PM, COUNTY OF GARFIELD, STATE OF COLORADO, BEING MONUMENTED BY AT THE NORTH BY A STONE AND AT THE SOUTH BY A WITNESS CORNER BEING A 3.5" BRASS CAP MARKED "GARFIELD COUNTY CO." N00 °08'29 "W, 27.18 FEET FROM ACTUAL CORNER LOCATION, IS ASSUMED TO BEAR N00 °17'34 "W, WITH A DISTANCE OF 5299.71 FEET BETWEEN SAID MONUMENTS. COMMENCING AT THE STONE MONUMENT FOR THE NORTHEAST CORNER OF SAID SECTION 10; THENCE S54 0 35'38 "W, A DISTANCE OF 1294.99 FEET TO A POINT ON THE EASTERLY RIGHT -OF -WAY LINE OF STATE HIGHWAY NO. 133 AND THE POINT OF BEGINNING; THENCE S03 0 20'39 "E, ON SAID EASTERLY RIGHT -OF -WAY, A DISTANCE OF 109.08 FEET; THENCE S02 0 20'14 "E A DISTANCE OF 92.21 FEET; THENCE SO °55'59 "E A DISTANCE OF 96.52 FEET; THENCE S00 0 13'56 "W A DISTANCE OF 76.71 FEET; THENCE S00 A DISTANCE OF 145.07 FEET; THENCE S03 0 36'35 "W A DISTANCE OF 28.19 FEET TO A POINT OF CURVATURE; THENCE ON THE ARC OF A NON - TANGENT CURVE TO THE LEFT HAVING A DELTA OF 02 0 50'38" AND A RADIUS OF 11,030.58, A DISTANCE OF 547.51 FEET, SAID CURVE HAVING A CHORD THAT BEARS N00 °56' 14 "W, WITH A LENGTH OF 547.45 FEET, TO THE POINT OF BEGINNING. CONTAINING A CALCULATED AREA OF 1,566 SQUARE FEET. Exhibit A Page 1 of 13 VIII MA VIRDAN 1% 1075W14 A'10141I II Reception #: 777284 11/04/2009 12 58 26 PM Jean Alberico 6 of 6 P.ec Fee $31 00 Doc Fee 0 00 GARFIELD COUNTY CO POINT OF BEGINNING rn M 0 z } a 3 2 a.7 in N A= 02'50'38; R =11030.57' L= 547.51' CH= 547.45' N00'56'14 "W E g m a 0 0 0 a EASTERLY ROW J a rn 0 cn cn un m to rn 0 N U) to 3 x Y 0 O U) OWNER-. Four Bar Ranch Company, Ltd. I � LO a 3 n N iA O O U) 3 O M aD c0 N M O N 60 30 0 SCALE: 1" = 60' TRAIL EASEMENT 1,566 SQ. FT. PE -21 REV. 1 TRAIL EASEMENT JOB NO. 39537.00 07 -30 -08 SHEET 2 OF 2 j J•R ENGINEERING A Wesman Gonpny 2620 East Rasped Reed Sk 190• Fart Cain, oo eon Exhibit A Page 2 of 2 y POINT OF COMMENCEMENT NORTHEAST CORNER OF SEC. 10 —T8S —R88W \ FOUND STONE W 1294- Li c h L4 1O m 3 r^ SOUTHEAST WITNESS CORNER OF � �t o SEC. 10 —T8S —R88W U) ` FOUND WITNESS CORNER BEING A 3.5" BRASS CAP r W 2 OD MARKED GARR/ELD COUNTY CO. J a rn 0 cn cn un m to rn 0 N U) to 3 x Y 0 O U) OWNER-. Four Bar Ranch Company, Ltd. I � LO a 3 n N iA O O U) 3 O M aD c0 N M O N 60 30 0 SCALE: 1" = 60' TRAIL EASEMENT 1,566 SQ. FT. PE -21 REV. 1 TRAIL EASEMENT JOB NO. 39537.00 07 -30 -08 SHEET 2 OF 2 j J•R ENGINEERING A Wesman Gonpny 2620 East Rasped Reed Sk 190• Fart Cain, oo eon Exhibit A Page 2 of 2 y 4APA,o v o ACM s u e �e 0 17- ;2 0a , 7 SA P /rwg2o y BIKE /PEDESTRIAN TRAIL LICENSE THIS LICENSE, made this Z-2 day of j44_,. 2009 by and between the State of Colorado for the use and benefit of THE DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the "State ", and Board of County Commissioners of Pitkin County, hereinafter referred to as the "Local Agency ", WHEREAS, required approval, clearance and coordination has been accomplished from and with the appropriate agencies; and WHEREAS, the State owns certain property as shown on the map attached as Exhibit A, hereinafter referred to as the "State's Right of Way" which is used for State Highway 133 right of way; and WHEREAS, the Local Agency has planned and anticipates a project for the construction appurtenances to a non - motorized trail, as defined by Section 33 -11- 103(4), C.R.S., as amended; and WHEREAS, the Local Agency desires to construct a bike /pedestrian path within the State's Right of Way (the "path ") from Prince Creek Road to the Seven Oaks Bridge as part of the Crystal Valley Trail improvements and as a connecting trail link adjacent to SH 133; and WHEREAS, the Local Agency has requested permission to construct the path to allow for non - motorized trail traffic to enter, occupy, and then exit the State's Right of Way as shown on the attached plans ( "the Trail Project "); and WHEREAS, the State desires to allow the Local Agency to use the State's Right of Way for construction and use of a trail, as described herein, subject to the terms and conditions of this contract; and WHEREAS, the Local Agency recognizes that the State must retain the superior right to use the State's Right of Way for highway purposes, and the Local Agency desires to agree to relinquish the use of such right of way without any cost or liability to the State, pursuant to the terms of this contract; and WHEREAS, the Trail Project is to be specifically described in the plans and specifications ( "the Plans "), which Plans shall be provided by the Local Agency; and WHEREAS, the Local Agency desires to pay for the cost of the Trail Project; and WHEREAS, the State desires to review the design and construction of the proposed Trail Project to ensure the integrity of the State's right of way in the project area; and WHEREAS, the State and Local Agency consider it to be in their mutual interest to cooperate in and to agree upon certain responsibilities with regard to performance of the Trail Project; and WHEREAS, this contract is executed by the State pursuant to the provision of Sections t 43 -2 -103 and 43 -2 -144, C.R.S., as amended; and WHEREAS, the Local Agency has executed this contract under the appropriate authority, NOW, THEREFORE, it is hereby agreed that: RECEPTION #: 562618, 09/09/2409 at 03 :41:23 PM, 1 OF 13, R $0.40 Doc Code AGREEMENT Janice K. Vos Caudill, Pitkin County, CO A. The Local Agency shall be responsible for the preparation of the Plans and for the accuracy and completeness of the Plans. The Plans are made a part of this contract by this reference. Use of the trail will be limited to bicycles, pedestrians, wheelchairs, and other non - motorized users. No motorized vehicle use will be permitted, with the exception of motorized vehicles necessary for maintenance of the trail, motorized wheelchairs, and emergency vehicles and emergency access. B. The Local Agency shall be responsible for the construction of the Trail Project in accordance with the Plans and intends to retain an independent contractor (the "Contractor ") to construct the Project. The Local Agency shall administer and provide technical direction to the Contractor concerning such construction, as provided herein. C. The State shall review the Plans for the Trail Project, the Local Agency's contract with the Contractor, and review construction of the Trail Project as described herein, so that construction of the Trail Project by the Local Agency will meet Federal and State standards, the provisions of this contract and the Local Agency's construction contract. D. The Local Agency shall be solely responsible for all costs of the Trail Project including, but not limited to, costs of design and construction of the Trail Project. E. The Local Agency shall be solely responsible for any and all damage to the State's roadway, structures and /or associated facilities caused by the construction, operation, or maintenance of the Trail Project within the State's Right of Way, except for damage caused by the State or its agents. Any such damage shall be corrected in accordance with the State's standards at the Local Agency's sole expense. F. The Local Agency shall be solely responsible and liable for any and all claims, damages, liability and court awards including costs, expenses and attorney fees, which arise as a result of the acts of its employees or agents or their acts of omission, if any, in constructing, operating, or maintenance of the Trail Project within the State's Right of Way. Nothing in this contract shall be construed as a waiver by the State or the Local Agency of the provisions and protections of the Colorado Governmental Immunity Act, Section 24 -10 -101, et seq., C.R.S., as now enacted or hereafter amended. G. The State will provide liaison with the Local Agency through the State Region Transportation Director, Region 3, located in Grand Junction. Said Region Transportation Director is responsible for coordinating the State's activities under this contract. H. The Local Agency will provide: 1. Preliminary engineering, design services and preparation of construction plans, and special provisions. 2. Design worksheets used in design of the Trail Project. I. The Local Agency will comply with the following: 1. The Local Agency will be responsible for the plans being accurate and complete. H 2. Notwithstanding any review or consents given by the State for said plans or the performance by the State of the construction review services, the State will not be liable or responsible in any manner for the design details, or construction of the Trail Project. The State will review The Local Agency's construction plans and special provisions and indicate those changes necessary to assure compliance with State and FHWA requirements. The Local Agency will afford the State 10 business days to review the construction plans and special provisions as changed and said plans shall be considered final when accepted by the parties hereto. In the event the State does not object to the construction plans and special provisions within 10 business days after the date of mailing by the Local Agency, the construction plans and special provisions shall be deemed accepted by the State. K. The Local Agency shall not start construction of the Trail Project on State Right of Way, nor authorize the Contractor to start construction, until the State issues a written notice to proceed to the Local Agency, which notice shall not be unreasonably withheld or unduly delayed. In the event the Local Agency contracts for construction of the Trail Project, the Local Agency shall provide final assembly of construction contract documents, advertise the call for bids, receive and open bid proposals, award the construction contract, administer the construction contract and prepare and issue any contract amendments. All such documents and procedures, including award of the construction contract, shall substantially comply with standard State construction specifications and legal requirements and shall be subject to review by the State. The construction contract between the Local Agency and the Contractor shall be subject to prompt review and concurrence by the State, which concurrence shall be evidenced by a letter from the Region Transportation Director. In the event the State does not object to the construction contract within 10 business days after the date of mailing by the Local Agency, the construction contract shall be deemed accepted by the State. Such construction contract between the Local Agency and the Contractor shall contain provisions to protect the interests of the State, including, but not limited to: 1. The Local Agency shall procure from the Contractor certificates of insurance and shall deliver copies of the same directly to the State. The types and limits of insurance shall be at a minimum as follows: 2. Workers' Compensation Insurance as required by State statute, and Employer's Liability Insurance covering all employees acting within the course and scope of their employment and work on the activities authorized by this License in Paragraph 4. 3. Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93 or equivalent, covering Premises operations, fire damage, independent Consultants, blanket contractual liability, personal injury, and advertising liability with minimum limits as follows: 1. $1,000,000 each occurrence; 2. $2,000,000 general aggregate; 3. $50,000 any one fire. If any aggregate limit is reduced below, $1,000,000 because of claims made or paid, the Local Agency, or as applicable, its Contractor, shall immediately obtain additional insurance to restore the full aggregate limit and furnish to CDOT a certificate or other document satisfactory to CDOT showing compliance with this provision. 4. If any operations are anticipated that might in any way result in the creation of a pollution exposure, Local Agency shall also provide Pollution Legal Liability Insurance with minimum limits of liability of $1,000,000 Each Claim and $1,000,000 Annual Aggregate. CDOT shall be named as an Additional Insured to the Pollution Legal Liability policy. The Policy shall be written on a Claims Made form, with an extended reporting period of at least two year following finalization of the License. 5. Umbrella or Excess Liability Insurance with minimum limits of $1,000,000. This policy shall become primary (drop down) in the event the primary Liability Policy limits are impaired or exhausted. The Policy shall be written on an Occurrence form and shall be following form of the primary. The following form Excess Liability shall include CDOT as an Additional Insured. 6. CDOT shall be named as Additional Insured on the Commercial General Liability Insurance policy. Coverage required by the License will be primary over any insurance or self- insurance program carried by the State of Colorado. 7. The Insurance shall include provisions preventing cancellation or non - renewal without at least 30 days prior notice to CDOT by certified mail to the address contained in this document. 8. The insurance policies related to the License shall include clauses stating that each carrier will waive all rights of recovery, under subrogation or otherwise, against CDOT, its agencies, institutions, organizations, officers, agents, employees and volunteers. 9. All policies evidencing the insurance coverage required hereunder shall be issued by insurance companies satisfactory to CDOT. 10. In order for this License to be executed, the Local Agency, or as applicable, their Contractor, shall provide certificates showing insurance coverage required by this License to CDOT prior to the execution of this license. No later than 30 days prior to the expiration date of any such coverage, the Local Agency or Contractor shall deliver to the Notice Address of CDOT certificates of insurance evidencing renewals thereof. At any time during the term of this License, CDOT may request in writing, and the Local Agency or Contractor shall thereupon within 10 days supply to CDOT, evidence satisfactory to CDOT of compliance with the provisions of this section. Insurance coverage must be in effect or this License is in default. 11. Notwithstanding subsection (a.) of this section, if the Local Agency is a "public entity" within the meaning of the Colorado Governmental Immunity Act CRS 24 -10 -101, et sea ., as amended ( "Act'), the Local Agency shall at all times during the term of this License maintain only such liability insurance, by commercial policy or self - insurance, as is necessary to meet its liabilities under the Act. Upon request by CDOT, the Local Agency shall show proof of such insurance satisfactory to CDOT. Public entity Local Agencies are not required to name CDOT as an Additional Insured. �1 12. If the Local Agency engages a Contractor to act independently from the Local Agency on the Premises, that Contractor shall be required to provide an endorsement naming CDOT as an Additional Insured on their Commercial General Liability, and Umbrella or Excess Liability policies. 13. To the extent authorized by law, the Contractor shall indemnify, save and hold harmless the State and the Local Agency, their employees and agents, against any and all claims, damages, liability, and court awards including costs, expenses, and attorney fees incurred as a result of any act or omission by the Contractor, or its employees, agents, subcontractors, or assignees pursuant to the terms of this contract. L. The State hereby grants a license to the Local Agency to use a section of the State's Right of Way as described in Exhibit A, attached hereto and made a part hereof. The sole purpose of the license is for the construction and maintenance of a recreational trail to allow for non - motorized traffic (as defined in paragraph A of this License) to enter State Right of Way, travel within State Right of Way as shown on the Plans, and then exit the State's Right of Way. M. The Local Agency recognizes that the State must retain the superior right to use the State's Right of Way for highway purposes and that the Local Agency's use of the State Right of Way, as described in Exhibit A, is at all times subordinate to and subject to any and all current and future roadway operations, maintenance and State highway needs and purposes, as determined by the State in its sole discretion. The Local Agency agrees that this license is limited in scope, use, and time, as described herein. The license granted herein is a personal right of the Local Agency, and vests no property interest in the State Right of Way to the Local Agency. The Local Agency agrees that this license is revocable by the State at no expense to the State pursuant to the following provisions: 1) The State may revoke this license, and the Local Agency shall relinquish all use of the State Right of Way without any cost or liability to the State whenever the State, in its sole discretion, determines that the -State Right of Way is required for any emergency state highway purpose. The State has the right, if it determines that an emergency situation exists, to terminate this license, to stop construction of the Trail Project, or to close the Trail Project, at any time to protect public safety, to facilitate transportation activities, or for other highway purposes. 2) In non - emergency situations, the State may revoke this license and, in that event, the Local Agency shall relinquish the use of the State Right of Way without any cost or liability to the State within 180 days after receipt of written notice from the State that such right -of -way is needed for current or future roadway operations, maintenance, or other State highway needs and purposes. N. The Local Agency will be responsible for acquiring any additional rights of way required for the completion of the Trail Project, including any necessary construction easements. Prior to the commencement of construction, the Local Agency must certify in writing to the State that all additional right of way has been secured accordingly or that no additional right of way is required. O. The Local Agency shall obtain any required proper clearance or approval from any utility company or ditch company, which may become involved in this project, by separate agreement between the Local Agency and such other entity, if necessary, as determined by the Local Agency. Prior to the Trail Project being advertised for bids, the Local Agency must certify in writing to the State that all such necessary clearances have been obtained. P. For the Trail Project: 1. a. The State will review and inspect the construction of the Trail Project within or affecting State Right of Way to ensure that it meets Federal and State standards and the Plans. 1. b. Except for emergencies, or in the event an immediate threat to public safety exists, the State's Inspector will not have direct contact with the Contractor but will notify the Local Agency's Project Representative, as identified in the construction contract documents, of any State directions concerning proposed construction contract modifications, and will coordinate such modifications and its construction review services with the Local Agency. After consultation of the State's Inspector and the Local Agency's Project Representative, the State's directions will be implemented. In the event that the Local Agency project representative fails to concur in any State construction direction, then the matter will be referred to the State's Region 3 Program Engineer for resolution. 1. c. The State's Inspector may, in writing, suspend the construction of those portions of the Trail Project within or affecting State Right of Way, wholly or in part due to the failure of the Local Agency or the Contractor to correct conditions unsafe for the workmen or the general public; for failure to carry out provisions of this contract or the construction contract including construction modifications or directions required by the State; for such periods as the State's Inspector may deem necessary due to unsuitable weather; for conditions considered unsuitable for the prosecution of the work or for any other condition or reason deemed to be in the public interest. The State shall notify the Local Agency and provide opportunity to correct such conditions prior to any suspension. The Local Agency shall include this provision in its contract with the Contractor. 1. d. The inspections done by CDOT's Inspector shall only be visual, and does not constitute an acceptance of the workmanship or materials used in the work done by the Local Agency's contractor on the Trail Project. Inspection by CDOT's Inspector does not confer any liability for the work of the Trail Project on CDOT's Inspector or CDOT. 2. a. The Local Agency shall provide construction engineering during the construction of all elements of the Trail Project. Said construction engineering will include field and office engineering, land survey controls, inspection and material testing and control by qualified personnel. 2. b. The Local Agency shall be responsible for the administration of and payment to its contractor of all costs incurred for project construction under the construction contract with the Contractor. Q. Upon satisfactory completion of construction of the Trail Project, the Local Agency will issue to the State a Certificate of Final Completion showing the date of final completion and certifying that the Trail Project has been constructed according to the approved plans and specifications. Determination of satisfactory completion of the Trail Project shall be made by the State in accordance with the following procedures: 1. Upon due notice from the Local Agency's project representative of presumptive completion of the Trail Project, the State's Inspector will participate in an inspection of the Trail Project with the Local Agency and the Contractor. 2. If construction of those portions of the Trail Project, within or affecting State Right of Way is found completed to the satisfaction of the State's Inspector, that inspection shall constitute the final inspection and the State's Inspector will notify the Local Agency in writing of the State's acceptance of the Trail Project as of the date of the final inspection. 3. If the inspection discloses any work, in whole or in part as being unsatisfactory, the State's Inspector will give the Local Agency directions for correction of same, and the Local Agency shall direct its contractor to implement the State's directions subject to the provisions of paragraph P.1.b. of this contract. 4. Upon correction of the work, another inspection will be made which shall constitute the final inspection provided the work has been satisfactorily completed. In such event, the State's Inspector will notify the Local Agency in writing of the State's acceptance of the Trail Project as of the date of the final inspection. 5. Final acceptance by the State under this paragraph does not waive any State legal rights contained herein. R. The State shall not be precluded or estopped by acceptance of the Trail Project work from showing at a later time that the Project work as constructed does not in fact conform to the approved as -built Plans. The State shall not be precluded or estopped by acceptance of the Trail Project work from recovering from the Local Agency such damage as the State may sustain by reason of the Local Agency's failure to comply with the terms of this contract. Neither acceptance by the State of the Trail Project work nor any possession of the constructed Trail Project facilities by the State, shall operate as a waiver of any portion of this contract or of any power herein reserved, or of any right to damages. A waiver of any breach of this contract shall not be held to be a waiver of any other or subsequent breach. S. Within 120 days after Local Agency issuance and State acceptance of the Certificate of Final Completion, the Local Agency shall prepare and deliver to the State the final sets of plans and specifications (the "As- built" plans) for the Trail Project, based upon field notes maintained by the Local Agency. A copy of said plans shall be made a part of this contract by reference. T. The Local Agency will maintain and operate the improvements constructed under this contract, at its own cost and expense during their useful life, in a manner satisfactory to the State, and will make ample provision for such maintenance each year. Additionally, the Local Agency shall be responsible for mowing weeds and grasses in those areas, between the Trail and the edge of the State's Right of Way where such mowing needs to be performed by walking lawn mower, rather than a tractor -type lawn mower. The parties shall meet to determine the location of these areas. Such maintenance and operations shall be in accordance with all applicable statutes and ordinances, and regulations promulgated there under, which define the Local Agency's obligation to maintain such improvements. The State may make periodic inspections of the Trail Project to verify that such improvements are being adequately maintained with respect to protection of the State's Right of Way. In the event that the Trail Project is not maintained in an appropriate manner, as determined by the State, the State reserves the right to notify the Local Agency, and if such maintenance remains deficient for a period of thirty (30) days after such written notice, to perform maintenance actions deemed necessary by the State and to be reimbursed by the Local Agency for the costs of such maintenance actions. Additionally, if at any time the Trail Project is determined to be obsolete, unnecessary, or a threat to the safety of the traveling public, the parties hereto shall immediately negotiate the most appropriate and mutually desirable course for removing or covering the trail. The Local Agency shall be responsible for the cost of any such removal or coverage. U. In the event the portion of State highway adjacent to or over the improvements constructed under the Trail Project is widened, the Local Agency shall take all reasonable actions to provide the funding necessary for any required relocation or reconstruction of the trail. The State will provide the Local Agency the opportunity to review and comment on State plans for widening. V. The State hereby reserves the right to revoke the use of State Right of Way by the Local Agency in the event the Trail Project is not used as intended or if the Trail Project is found to be detrimental to the highway or its structures. W. Notwithstanding any review and concurrence with the Trail Project design plans or acceptance of the final constructed Trail Project, the State shall not have any liability for the construction, maintenance, or use of the Trail Project or for any act or omission by the Local Agency or the Contractor. X. The parties hereto agree that this contract is contingent upon all funds designated for the work herein being appropriated and made available from the Local Agency. Should the Local Agency fail to provide necessary funds as agreed upon herein, this contract may be terminated by either party. Any party terminating its interest and obligation herein shall not be relieved of any financial obligations which existed prior to the effective date of such termination. After the construction contract has been awarded and the construction contract is fully executed, this contract may not be terminated by the Local Agency until the construction of the Trail Project is completed and final bills are paid in full, unless the Local Agency restores the project site to its prior condition or completes the Project to the extent necessary to ensure public safety and to comply with the State's obligations under the state highway system. Y. The term of this contract, except for provisions regarding maintenance, shall continue through the completion and final acceptance of the Trail Project by the Local Agency with concurrence from the State. The covenants with regard to maintenance of the improvements constructed under this contract shall remain in effect in perpetuity or until such time as the Local Agency is, by law or otherwise, relieved of such responsibility. Z. As between the parties hereto, each of them shall be responsible for its own negligence, if any, and that of its servants and employees, consistent with the provisions of the Colorado Governmental Immunity Act, C.R.S. 24 -10 -101 et seg. Nothing in this Agreement shall be construed as a waiver by the State or the Local Agency of the respective rights and protections of either under said Act. y . r. AA. This contract shall inure to the benefit of and be binding upon the parties, their successors and assigns. AB. The term of this license shall be for a period of seven (7) years from the date first written above. The license shall be deemed fully executed when it has been signed by the State. AC. The Local Agency represents and warrants that it has taken all actions that are necessary or that are required by its procedures, bylaws, or applicable law, to legally authorize the undersigned signatory to execute this contract on behalf of the Local Agency and to bind the Local Agency to its terms. AD. The enforcement of the terms and conditions of this Agreement and all rights of actions relating to such enforcement, shall be strictly reserved to the Local Agency and the State and nothing contained in this agreement shall give or allow any claim or right of action whatsoever by any other or third person. It is the express intent of the parties to this contract that any person receiving services or benefits under this Agreement shall be deemed an incidental beneficiary only. AE. The Local Agency, in accepting this license agrees to all terms and conditions stated herein. The use of equipment on the State's Right of Way is subject to a Department approved traffic control plan. A temporary fence or other access control barrier must be erected during all times that work is not taking place. No equipment shall be left in the State's Right of Way overnight or unattended, except for the erosion control and temporary barrier fencing. All areas disturbed will be restored to CDOT's satisfaction including stockpiling of existing topsoil to be replaced at the completion of the project, finish grading to restore proper drainage, reseeding, application of certified weed -free mulch, application of an organic mulch tackifier, and the removal of all appurtenances required to support the operation of the contractor. This agreement constitutes a bare license, conferring no enforceable right on Local Agency and creating no property interest. It is a mere personal privilege, non- transferable and revocable at y�ill. This non- transferable ermission shall be valid and remain in effect from 1'( !� 2009 to h �� , 2009, or until the conditions are met in full As determined by a CDOT fepresentative. This permission may be terminated earlier in writing by either party. This permission shall not be considered a commitment by State nor in any way authorizes or guarantees any continuing use of the Property. Local Agency assumes liability for the maintenance, operation, and use of both the temporary access and the re- grading area and agrees to defend, indemnify, and hold harmless the grantor and any employees, agents contractors, or other representatives of the State against any and all damages, claims, liability, loss, or expenses, including attorney's fees and litigation costs, arising from or in any way related to the maintenance, operation, or use of the access or the issuance or use of this license. Upon the expiration or cancellation of the license, the Local Agency shall restore the State's Right of Way to the satisfaction of the State. This permission automatically expires when, and if; the Local Agency ceases as an organization or fails to perform the above maintenance responsibilities during the effective time of this license. This permission is not a State Highway Access Permit. 14 IN WITNESS WHEREOF, the parties hereto have executed this contract the day and year first above written. Department of Transportation State of Colorado ATTEST: By ref Clerk for Right of Way ATTEST: By: 6 lt' 1Q a ta_� Pamela Hutton, PE Chief Engineer LOCAL AGENT By: �� . Patti Kay - Clapped, Chair Pitkin County Board of County Commissioners Date: Q dt�-0 9 By: 01� J ette Jones, puty County Clerk Date: K -2Y —f (? STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this �.L day of d 0Ae by Patti Kay - Clapper as Chair of the Board of County Commissioners of Pitkin County, Colorado WITNESS my hand and official seal. \\\\\\\\ IIlV )mission expires: f� Public Not L COLORADO ) S Non Expires ) ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this 2E of by Jeanette Jones as Deputy County Clerk of Pitkin County, Colorado. WITNESS my hand and official seal. My Commission expires: Cq, 4 7 A Z., 4 © 0 - Op C01,OQp�`ryoo � ISSio r? Expires , 2009, , 2009, EJ i <0 Ln Ir(n( �B Qi t � 1 I i( Z _ y _ M 10, la C z z n yyqq {4jj��+ 11 I 11 � 1� y,�� j ig l^3.a,J�R yy i i 4 r z a i f y�8`R�1 1 it jz P.'9iy8���•� ��� ' 11 11 I I �� 1954 "� 7• � �`5?F H:�w ` -��\ \``�'� �// j11 _�_— II o I n _ I l� r; I � , I I I 1 11 !I I I I g ig R MW $ Rip / a ss V1 1P SEE SHEET M2 CRYSTAL VALLEY TRAIL N - SGALE 1' ^2OV N flE10N BY DAM PREPARED Fa SHEET No a NS su9srr Hsu SHa TORE As P EXHIBIT A 1 3 JR S1YY v..�m�...Y.� M M OPEN CM4 S ES AC � "E AND OPEN SPATE APPRWNAIE REVIEW - DAR: 8/12/09 " 76 SERVICE CENTER ROAD AAGUXZ�s, EA ASPEN CO, 81811 9uY Tae W nASags 9Nm BY KRW 89ERRyHetM WK-R. ft 00 11485 PHONE 970 - 929 - 5355 OESHxA1EO BY TOVIFN RIEIR 8 a1BL11HD BY MSB 9%40-404.910'41'M FAX 970 -920 -5374 AUTHOMMIM MATCH LNE SEE SHEET A-1 I I I J� 1 ' II 1 1 II 1� II II I 1 ' I 1, I 11 I II 1' I I' 1 III I 1 �I , I I ' I; I 8 P i ll o 1 I I I I III I, II II I 1 �1I CRYSTAL VALLEY TRAIL H-SCALE T- -200- Bd �+ �� 91EET No 9A9ET PREPARED FOR UII1L S IIIE M A c otwry WAYMM AK a EXHIBIT A 2 3 J PAAM re e p DAN 9 /12/09 ArYO� 79 SERVICE CEHO32 ROAD wn nE;e M0 a DESIGNED BY KRW L1F- Kc*40D I= 9WEPmwWRw ASPEN CO. 91911 PHONE: 970 - 929 -5355 gNLY Fat lIE AAtPo98 ommuno BY �EIn9l g -FkWD4N-M FAX 970 - 929 -5374 'WBawA>hµ ClEMW BY MSI3 I _ C1� `1 ~ �1 � 1 1 J 1 \ ` 's it r � I i ;r li li l/ `It \ N-9CME 1��200' � N° RENBION CRYSTAL VALLEY TRAIL 9 �w No MAMT }� 3 3 �! $ EXHIBIT A J ; � KKW BY 1i NISB 1 I ii 1( II I , l� I I I I I � I I I I Ili II I: 11 I ^ ( l a � a 1N 1 I I� 1 I+ +'I 1 BY ' O*X PRmMm FOR ORA'MN9 �w� ao CE ! ` l yo l : 76 s ! p9Y m 1015 PHONE 970 - 910 -5355 FNf: 970 - 920-3374 Cold Mountain Trail Easement 6/3/2009 TRAIL EASEMENT THI ,PUBLIC TRAIL EASEMENT (the "Trail Easement "), made and entered into this g3 ay of S4,r� , 2009, by and between Cold Mountain Ranch, LLLP ( "Grantor "), the County Commissioners of Pitkin County, Colorado, a body corporate and body politic ( "Grantee "), RECITALS: I . Grantor is the record owner of certain real property located in Pitkin County, Colorado, which lies adjacent State Highway 133, and 2. Grantee is seeking to construct a bicycle - pedestrian trail ( "Crystal Trail ") along and adjacent to State Highway 133 and desires to encroach on Grantor's property for the purpose of avoiding obstacles within the State highway right of way, and 3. Grantor desires by this instrument to establish and to grant to Grantee a perpetual Trail Easement over, upon and across the property of Grantor as one link in the Crystal Trail, and 4. Grantee desires by this instrument (a) to accept said Trail 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 Easement. Grantor hereby grants, transfers and conveys unto Grantee and its successors and assigns, for the use and benefit of the general public a 10' wide non - exclusive perpetual Trail Easement to be located as depicted on Exhibit A. Use of the trail easement by the general public shall be exclusively non - motorized except for equipment as may be needed for trail construction or maintenance. 2. Grantee hereby accepts the Public Trail 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 shall not preclude improvement, repair or maintenance activities within the Public Trail Easement insofar as such activities may be allowed or required by this Easement. RECEPTION #: 5602!6. 06/24/2009 at 02:29:41 PI i or 8, R $0. Doc Code EASEMENT Janice K. Vos Caudi!i, Pitkin County, CO / N Cold Mountain Trail Easement 6/3/2009 3. Trail Use Restrictions. (a) Public use of the Trail Easement shall be exclusively for non - motorized recreation such as hiking, horseback riding, bicycling and nordic skiing. 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, and agricultural activities on adjacent lands retained by the Grantor. (b) The Trail Easement is 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 Trail Easement shall control wherever they are more restrictive than the provisions of said Title X11. (c) Trail Easement Care and Maintenance. Prior to allowing public use of the trail easement, Grantee will erect a fence on the boundary between the Trail Easement and the balance of the Grantor's lands. Such fence shall be adequate to prevent public use of the trail from impairing agricultural uses on Grantor's lands, and shall be constructed at the Grantee's expense. Grantee hereby assumes complete responsibility for and agrees to care for, groom and maintain the Trail 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 the gross negligence or willful misconduct of Grantor, its 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 farm equipment, livestock, horses or third parties. Grantee's maintenance responsibilities shall include, but not be limited to, trash and debris removal, keeping the Trail clear of rocks, vegetation and other obstructions, grooming as needed, controlling erosion and water runoff, and general care and maintenance. 4. Grantor's immunitv and Grantee's Oblip-ation to insure. The parties expressly acknowledge that the Trail 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 Trail Easement, Grantor shall have no obligation to repair, clear or otherwise maintain the area within the Trail 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 Trail Easement for public non - motorized travel or otherwise, or due to the condition of the Public Trail Area. poll Cold Mountain Trail Easement 6/3/2009 Grantee further agrees to add Grantor (and its successors and assigns in the ownership of the underlying real property traversed by the Trail 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 Trail Easement. Such insurance shall be carried in amounts not less than the liability limits specified in C.R.S. Section 24- 10- 114(1), as it may be amended from time to time, and shall provide Grantor and its 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. 5. Attornevs' Fees. In the event the interpretation or enforcement of this Trail Easement should ever become the subject of litigation between Grantor, Grantor's successors and assigns in the record ownership of the underlying real property traversed by the Trail 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. 6. Bindinp- Effect. This Easement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors and assigns forever including all future record owners of the underlying real property traversed by the Trail 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 Trail 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 Trail Easement. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the day and year first above written. GRANTO By: William Fales, General Partner Cold Mountain Ranch, LLLP STATE OF COLORADO ) ) ss. COUNTY OF� ) The foregoing instrument was acknowledged before me this day of „ , 2009, by William Fales, of Cold Mountain Ranch, LLLP Witness my hand and official seal. A pTAR Y, • •d i G SM � O • • '��" • Im Cold Mountain Trail Easement 6/3/2009 My commission expires: \1-12z Notary Public GRANTEE: Pitkin County, Colorado By: �Q j C� - v G atti Kay - Clapper, Chair A TES ST E OF COLORADO ) ss. COUNTY OF PITKIN ) EN TJL- \ The foregoing instrument was acknowledged before me this � day of c� V V*_' _ , 2009, by Patti Kay Clapper, Chair of the Board of County Commi stoners of Pitkin Co nty, Colorado, and attested to byPLc_.vl�r�! -I�e -e-4 Witness Witness my hand and official seal. My commission expires: `\y ������p,MM1FU v, NO r �9�in= ) �� r 0, ►� C�LORP����� t� /'Iles 107111 o Publi( 3� t At LEGAL DESCRIPTION PE -24 -B REV. I TRAIL EASEMENT Ll A PORTION OF SECTION 15, TOWNSHIP 8 SOUTH, RANGE 88 WEST OF THE 6th PM, COUNTY OF PITKIN, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARING: A LINE BETWEEN THE NORTHEAST CORNER AND A WITNESS CORNER TO THE SOUTHEAST CORNER OF SECTION 10, TOWNSHIP 8 SOUTH, RANGE 88 WEST OF THE 6th PM, COUNTY OF GARFIELD, STATE OF COLORADO, BEING MONUMENTED BY AT THE NORTH BY A STONE AND AT THE SOUTH BY A WITNESS CORNER BEING A 3.5" BRASS CAP MARKED "GARFIELD COUNTY CO." N00 0 08'29 "W, 27.18 FEET FROM ACTUAL CORNER LOCATION, IS ASSUMED TO BEAR N00 °1734 "W, WITH A DISTANCE OF 5299.71 FEET BETWEEN SAID MONUMENTS. COMMENCING AT THE WITNESS CORNER MONUMENTED FOR THE SOUTHEAST CORNER OF SAID SECTION 10; THENCE S31 0 05'27 "W, A DISTANCE OF 3190.57 FEET TO A POINT ON THE EASTERLY RIGHT -OF -WAY LINE OF STATE HIGHWAY NO. 133 AND THE POINT OF BEGINNING; THENCE S09 0 09'42 "W, A DISTANCE OF 16.74 FEET TO A POINT OF CURVATURE; THENCE ON THE ARC OF A TANGENT CURVE TO THE RIGHT HAVING A DELTA OF 05 0 39'32" AND A RADIUS OF 610.00 FEET A DISTANCE OF 60.25 FEET, THE CHORD OF SAID CURVE BEARING S 11 "W, WITH A LENGTH OF 60.22 FEET, TO A POINT OF TANGENCY; THENCE S 14 °49' 14 "W, A DISTANCE OF 165.03 FEET, TO A POINT OF CURVATURE; THENCE ON THE ARC OF A TANGENT CURVE TO THE RIGHT, SAID CURVE HAVING A DELTA OF 10 0 53'27" AND A RADIUS OF 610.00 FEET, A DISTANCE OF 115.95 FEET, THE CHORD OF SAID CURVE BEARING S20 0 15'57 "W, WITH A LENGTH OF 115.77 FEET, TO A POINT OF TANGENCY; THENCE S22 0 53'36 "W, A DISTANCE OF 73.10 FEET; THENCE N17 °02' 16 "E, A DISTANCE OF 429.79 FEET TO THE POINT OF BEGINNING. CONTAINING AN OVERALL AREA OF 3,846 SQUARE FEET. 1, CHAD R. WASHBURN, A COLORADO LICENSED PROFESSIONAL LAND SURVEYOR, DO HEREBY STATE THAT THE ABOVE LEGAL DESCRIPTION AND ATTACHED EXHIBIT WERE PREPARED UNDER MY RESPONSIBLE CHARGE AND ON THE BASIS OF MY KNOWLEDGE, INFORMATION, AND BELIEF, ARE CORRECT. . CHAD R. WASHBURN, PROFESSIONAL LAND SURVEYOR �si� ��Q� l) COLORADO PLS NO. 37963 ....... FOR AND ON THE BEHALF OF JR ENGINEERING LLCf 2620 EAST PROSPECT ROAD, SUITE 190 FORT COLLINS, CO. 80525 THIS LEGAL DESCRIPTION DOES NOT CONSTITUTE A TITLE SEARCH BY JR ENGINEERING TO DETERMINE OWNERSHIP OF THIS TRACT OR VERIFY EASEMENTS OF RECORD. JIZ ENGINEERING AND THE SURVEYOR OF RECORD ASSUMES NO RESPONSIBILITY FOR OWNERSHIP RIGHTS OR EXISTING EASEMENT RIGHTS AND RECOMMENDS CONSULTATION WITH AN ATTORNEY LX17 Page 1 of 2 39— POINT OF BEGINNING 0 a 3� c� S09'09'42 "W 16.74' 5'39'32" R= 610.00' L= 60.25' CH= 60.22' S11'59'28 "W OWNER; COLD MOUNTAIN RANCH 0 E m 0 a N 00 0 N N 0 C0 3 d - rn °> ^ a . a � a� N O A 2 TRAIL EASEMENT 3,846 SQ. FT. 10'53'26" R=610.00' L= 115.95' CH= 115.77' S20'1 5'57 "W LY ROW 50 25 0 50 1 SCALE: 1" = 50' 37 .033 t o � LAN) PE -24 —B REV. 1 TRAIL EASEMENT JOB NO. 39537.00 07 -31 -08 SHEET 2 OF 2 J•R ENGINEEWNG A Westrlan Company 2620 FW Rmped Road S1ia 190 • Fat Cain, CO 60525 970 -0 -9888• Fax 970491-9684•wwwle v*0wh%= NORTHEAST CORNER OF SEC. 10- T85-R88W FOUND STONE z °'I wh W POINT OF COMMENCEMENT SOUTHEAST WITNESS CORNER OF N SEC. 10- T8S -R88W FOUND WITNESS CORNER a ro M BEING A .3.5" BRASS CAP MARKED "GARFIELD COUNTY CO. " 2 / ti 1) / 5� 6 S09'09'42 "W 16.74' 5'39'32" R= 610.00' L= 60.25' CH= 60.22' S11'59'28 "W OWNER; COLD MOUNTAIN RANCH 0 E m 0 a N 00 0 N N 0 C0 3 d - rn °> ^ a . a � a� N O A 2 TRAIL EASEMENT 3,846 SQ. FT. 10'53'26" R=610.00' L= 115.95' CH= 115.77' S20'1 5'57 "W LY ROW 50 25 0 50 1 SCALE: 1" = 50' 37 .033 t o � LAN) PE -24 —B REV. 1 TRAIL EASEMENT JOB NO. 39537.00 07 -31 -08 SHEET 2 OF 2 J•R ENGINEEWNG A Westrlan Company 2620 FW Rmped Road S1ia 190 • Fat Cain, CO 60525 970 -0 -9888• Fax 970491-9684•wwwle v*0wh%= 15�A-4 l 3ZT A o t� T~54L 3 LEGAL DESCRIPTION PE -24 -C REV. I TRAIL EASEMENT EMsSueOr 00q-y A PORTION OF LAND LOCATED IN SECTION 15, TOWNSHIP 8 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF PITKIN, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARING: THE SOUTH LINE OF SOUTHEAST QUARTER OF SECTION 15, TOWNSHIP 8 SOUTH, RANGE 88 WEST OF THE 6th PM, COUNTY OF PITKIN, STATE OF COLORADO, BEING MONUMENTED AT THE WEST BY A 3 '/4" ALUMINUM CAP STAMPED PLS #28643 AND MONUMENTED AT THE EAST BY A FOUND STONE WITH' /4 CHISELED ON THE NORTH FACE, IS ASSUMED TO BEAR N89 1'55"E, WITH A DISTANCE OF 2678.10 FEET BETWEEN SAID MONUMENTS. COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 15; THENCE N24 0 17'12 "E, A DISTANCE OF 1636.34 FEET TO A POINT ON THE EASTERLY RIGHT -OF -WAY LINE OF STATE HIGHWAY NO. 133 AND THE POINT OF BEGINNING; THENCE N17 6"E, ON SAID EAST RIGHT -OF -WAY LINE, A DISTANCE OF 318.30 FEET; THENCE S08 0 01'44 "W, A DISTANCE OF 10.45 FEET, TO A POINT OF CURVATURE; THENCE ON THE ARC OF A CURVE TO THE RIGHT, SAID CURVE HAVING A DELTA OF 08 0 47'07" AND A RADIUS OF 210.00 FEET, A DISTANCE OF 32.20 FEET, THE CHORD OF SAID CURVE BEARING S12 0 25'17 "W, WITH A LENGTH OF 32.17 FEET, TO A POINT OF TANGENCY; THENCE S 16 °48'51 "W, A DISTANCE OF 152.12 FEET, TO A POINT OF CURVATURE; THENCE ON THE ARC OF A TANGENT CURVE TO THE RIGHT, SAID CURVE HAVING A DELTA OF 02 0 56'59" AND A RADIUS OF 810.00 FEET, A DISTANCE OF 41.70 FEET, THE CHORD OF SAID CURVE BEARING S18 °17'20 "W, WITH A LENGTH OF 41.70 FEET, TO A POINT OF TANGENCY; THENCE S19 0 45'50 "W, A DISTANCE OF 88.20 FEET TO THE POINT OF BEGINNING. CONTAINING A CALCULATED AREA OF 1,154 SQUARE FEET. I, CHAD R. WASHBURN, A COLORADO LICENSED PROFESSIONAL LAND SURVEYOR, DO HEREBY STATE THAT THE ABOVE LEGAL DESCRIPTION AND ATTACHED EXHIBIT WERE PREPARED UNDER MY RESPONSIBLE CHARGE AND ON THE BASIS OF MY KNOWLEDGE, INFORMATION, AND BELIEF, ARE CORRECT. CHAD R. WASHBURN, PROFESSIONAL LAND SURVEYOR COLORADO PLS NO. 37963 FOR AND ON THE BEHALF OF JR ENGINEERING LLC 2620 EAST PROSPECT ROAD, SUITE 190 FORT COLLINS, CO. 80525 THIS LEGAL DESCRIPTION DOES NOT CONSTITUTE A TITLE SEARCH BY JR ENGINEERING TO DETERMINE OWNERSHIP OF THIS TRACT OR VERIFY EASEMENTS OF RECORD. JR ENGINEERING AND THE SURVEYOR OF RECORD ASSUMES NO RESPONSIBILITY FOR OWNERSHIP RIGHTS OR EXISTING EASEMENT RIGHTS AND RECOMMENDS CONSULTATION WITH AN ATTORNEY. LX15 Page I of �] 1 n i �. E �.rc a 0 E a� 0 a. a co N co O 0 N aD r SOUTHWEST CORNER OF PE -24 -C REV. 1 SEC. 15 —T8S —R88W TRAIL EASEMENT c FOUND 3 114" ALUM. CAP JOB N0. 39537.00 / 79 0 PLS , 28643 08-04-08 / o SHEET 2 OF 2 LAND J•R ENGINEERING A Westrian Company 20 Fast Rasped Fbed Suk 190• Fat Co M CO 80515 970 - 49}-9888• Fax 970- 49PW•www'*0*w f= L4 3 a � / 00o / / c 6= 8'47' 07" R= 210.00' L=32.20' CH= 32.17' N12'25'17 "E / N 40 20 0 40 3 SCALE: 1 " = 40' M .� co 2 o r �TRAIL EASEMENT 1.154 SQ. FT. n / ? A- 2'56'59" R= 810.00 $ L= 41.70' CH= 41.70' 0 S18'17'20 "W �-- EASTERL Y ROW 0 N / h OWNER: COLD MOUNTAIN .ti` RANCH 0) POINT OF J BEGINNING J / Q O N2477'12 "E ' 1 = 16,36.,34' 1 / POINT OF COMMENCEMENT \ J SOUTH OUARTER CORNER OF SEC. 15- T8S - -R88W J FOUND STONE MONUMENT W TH BASIS OF BEARING 114 CHISELED ON NORTH FACE N-69 2678.10' a 0 E a� 0 a. a co N co O 0 N aD r SOUTHWEST CORNER OF PE -24 -C REV. 1 SEC. 15 —T8S —R88W TRAIL EASEMENT c FOUND 3 114" ALUM. CAP JOB N0. 39537.00 / 79 0 PLS , 28643 08-04-08 / o SHEET 2 OF 2 LAND J•R ENGINEERING A Westrian Company 20 Fast Rasped Fbed Suk 190• Fat Co M CO 80515 970 - 49}-9888• Fax 970- 49PW•www'*0*w f=