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Home My WebLink Aboutbocc.con.182.2010�ONTRACT # 1" �� 6i6 �� AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITHIN COUNTY, COLORADO APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH GARFIELD COUNTY FOR ITS ASSISTANCE WITH THE CONSTRUCTION OF PHASE 1 OF THE CRYSTAL VALLEY BICYCLE TRAIL ORDINANCE # Q�3 -2010 Recitals 1. The construction of a bicycle-pedestrian trail along Highway 133 in the Crystal River drainage has been a longstanding community interest 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 Crested Butte to Carbondale Trail Feasibility Report (2008); and 2. The Town of Carbondale has constructed the first legs of this trail which currently extend from Highway 82 down Highway 133 to Snowmass Drive; and 3. The Highway 133 Scenic and Historic Byway Committee has completed the West Elk Loop Scenic Byway Crested Butte to Carbondale Trail FeasibiliTy Report (2008) which analyzes feasible trail alignments to connect those towns and suggests that Phase 1("Phase 1") on the Roaring Fork side to utilize the Highway 133 right of way to extend the existing Carbondale trail approximately 4.3 miles up to Thompson Creek ("Byway Trail Phase 1 "); and 4. Pursuant to an IGA signed in 2004 between Pitkin and Garfield Counties, the Open Space Department has completed the first phase of this trail. 5. Garfield County budgeted $95,000 toward construction costs for 2010, and prefers to transfer those funds to Pitkin County per annual appropriation, and requires an IGA for this transfer. NOW, THEREFORE, BE IT ORDAINED, that the Board of County Commissioners approves the attached Intergovernmental Agreement which authorizes Pitkin County to receive and hold $95,000 in Garfield County Funds for use in the construction of Phase 1 of the Crystal Bike Trail, and to return those funds if they are not so utilized. INTRODUCED, FIRST READ AND SET FOR PUBLIC HEARING ON THE 23 DAY OF JUNE 2010. NOTICE OF PUB�IC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE �� DAY OF JUNE 2010. Ordinance -2010 Page 1 of 2 APPROVED UPON SECOND READING AND PUBLIC HEARING ON THE 14 DAY OF JULY 2010. PiJBLISHED AF R ADOPTION IN THE ASPEN TIMES WEEKLY ON THE � DAY OF , 2010. / � � � Jones ✓ - Clerk & corder APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, C,OLORADO , B ��%� .c�G` George New�ian, Chai Date: � � �. G' MANAGER APPROVAL: ............._._ � � —�:,��:.... ----' f� � John �1.�; C�o�rty AttoXh$_y � Da e Will, Director Pitkin County Open Space and Trails Ordinance -2010 Page 2 of 2 �� Hilary Fl c er, County Manager � �. 20101NTERGOVERNMENTAL AGREEMENT CONCERNING TRAILS CONSTRUCTION PITKIN COUNTY AND GARFIELD COUNTY THIS 2010 INTERGOVERNMENTAL AGREEMENT ("2010 IGA") is made and entered by and between PITKIN COUNTY, COLORADO, by and through the Pitkin County Board of County Commissioners (`Pitkin County"), and GARFIELD COUNTY, COLORADO, by and through the Garfield County Board of County Commissioners ("Garfield County"), collectively referred to as the "Parties." WITNESSETH: WHEREAS, the construction of a bicycle-pedestrian trail along Highway 133 in the Crystal River drainage has been a longstanding community interest 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 Crested Butte to Carbondale Trail Feasibility Report (2004); and WHEREAS, the Town of Carbondale constructed the first legs of this trail extending to Snowmass Drive along Highway 133; and WHEREAS, the Highway 133 Scenic and Historic Byway Committee received funds from the Federal Highway Administration as well as Gunnison County and Pitkin County to complete the West Elk Loop Scenic Byway Crested Butte to Carbondale Trail Feasibility Report (2004), which report proposed utilization of the Highway 133 right of way to extend the existing Carbondale trail approximately 5.3 miles up to the BRB subdivision ("Byway Trail Phase 1"); and WHEREAS, the Byway Trail Phase 1, as planned, traverses the Town of Carbondale, unincorporated Garfield County, and unincorporated Pitkin County; and WHEREAS, a prior IGA between the Parties and the Town of Carbondale facilitated completion of engineering work and a permit application to the Colorado Department of Transportation ("CDOT") and final CDOT action on the permit was granted in the summer of 2009; and WHEREAS, on December 3, 2007, Pitkin County and the Town of Carbondale were awarded a$5,000,000 Legacy Grant by Great Outdoors Colorado ("07 GOCO Legacy Grant") which included $1,000,000 for the construction of the Byway Trail Phase 1; and WHEREAS, Pitkin County's consulting engineer has estimated that the full cost of the Garfield County portion of the trail from Prince Creek Road to the Garfield-Pitkin County line is approximately $870,000; and 2010 IGA Cor the Crystal "Trail Page 1 of 6 � WHEREAS, to date, Garfield County has contributed a total of $200,000 toward the completion of this trail, by a series of intergovernmental agreements recorded as Reception Nos. 771021, 760992, 771344 and 771022; and WHEREAS, Garfield County budgeted and appropriated an additional $95,000.00 in fiscal year 2010 toward completion of this project for construction funding during ti�e Spring and Summer of 2010; and WHEREAS, the difference between the full cost of the Garfield County portion of the trail ($870,0000.00) and the amount of Garfield County's contribution ($295,000.00) will be paid by Pitkin County utilizing funds from the 07 GOCO Legacy Grant. NOW THEREFORE, in consideration of the mutual benefits to be derived from this 2010 IGA, the parties agree as follows: ARTICLE ONE STATEMENT OF PURPOSE The purpose of this 2010 IGA is to add Garfield County funds to the Crystal Trail Construction Fund held by Pitkin County, under this 2010 IGA and the prior IGAs referenced in the recitals, for the sole and exclusive purpose of finishing construction of that portion of the Byway Trail Phase 1 lying in unincorporated Garfield County. ARTICLE TWO 2010 SCOPE OF SERVICES A. Pitkin County: Pitkin County will use funds provided by Garfield County to finish construction of that portion of the Byway Trail Phase 1 lying parallel to State Highway 133 within unincorporated Garfield County, B. Garfield County: Garfield County shall pay Pitkin County $95,000 within thirty (30) days of invoice by Pitkin County. ARTICLE THREE PERIOD OF AGREEMENT Upon the signing of this 2010 IGA, the obligations of Pitkin County shall be in effect and must be completed on or before December 15, 2010, unless this 2010 IGA is renewed prior to that date. Upon the signing of this 2010 IGA, the obligations of Garfield County shall be in effect and must be completed on or before December 1, 2010, unless this 2010 IGA is renewed prior to that date. 2010 IGA for the Crystal "1'rail Page 2 of 6 f� 7 � ARTICLE FOUR TERMINATION BY EITHER PARTY A. Either Party may terminate this 2010 IGA upon ninety (90) days' notice to the other Party if it is reasonably deemed by either Party that the 2010 IGA is not fulfilling the objectives of either Party. B. Upon termination, Pitkin County shall refund any unutilized funds provided by Garfield County. C. This 2010 IGA may be renewed, provided that mutually agreeable terms are reached between the parties. ARTICLE FIVE PITKIN COUNTY'S DUTIES A. Pitkin County shall expend funds provided by Garfield County solely on trail construction within Garfield County. B. Pitkin County shall keep records of its expenditures showing the funds spent on trail construction within Garfield County under this 2010 IGA for a minimum of three (3) years following completion of this 2010 IGA. C. Pitkin County shall present a report to Garfield County during a public meeting demonstrating expenditure of funds under this 2010 IGA and the prior IGAs referenced in the recitals. ARTICLE SIX INSURANCE/INDEMNIFICATION Pitkin County will add Garfield County as an additional named insured on its comprehensive general liability insurance policy, which insurance shall be maintained by Pitkin County to provide protection against liability from claims arising out of this Agreement. Pitkin County shall, upon written request therefare from Garfield County, provide a policy or Certificate of Insurance as verification of compliance with these requirements. Nothing in this 2010 IGA, however, is intended or shall be construed to constitute a waiver on the part of Pitkin County or Garfield County of the provisions of C.R.S. § 24-10-101 et seq., commonly known as the Colorado Governmental Immunity Act. 2010 lGA for the Crystal Trail Page 3 of 6 � � ARTICLE SEVEN NOTICE Any notice provided for in this 2010 IGA shall be given in writing by certified mail, return receipt requested, which shall be addressed as follows: Garfield County: Fred Jarman Building and Planning Director 108 8 Street Suite 402 GWS, Colorado 81601 Copy to: Don DeFord Count�y Attorney 108 8` Street Suite 219 GWS, Colorado 81601 Pitkin County Dale Will, Director Pitkin County Open Space and Trails 530 East Main Street, Suite 301 Aspen, Colorado 81611 ARTICLE EIGHT MODIFICATIONS AND WAIVER Pitkin County shall not assign or delegate any rights or duties under this 2010 IGA to a third Party without the written consent of Garfield County, which shall determine the acceptability of the third Party to Garfield County. However, it is understood that Pitkin County will use sub-contract consultants in performance of this 2010 IGA without formal consent. ARTICLE NINE MISCELLANEOUS PROVISIONS A. Funds Remainin� at the end of this 2010 IGA. If Pitkin County does not expend all funds provided by Garfield County under this 2010 IGA for the purposes contained herein, Pitkin County shall return unused funds to Garfield County. B. Indeuendent Contractor. The parties to this 2010 IGA intend that the relationship of Pitkin County to Garfield County is that of an independent contractor. No agent, employee or volunteer of Pitkin County shall be deemed to be an agent, employee or volunteer of Garfield County. C. Successors. This 2010 IGA shall be binding upon and inure to the benefit of Pitkin County, Garfield County and their respective heirs, legal representatives, executors, administrators, successors and assigns; provided, however, that neither Party 2010 IGA for the Crystal Trail � Page d of 6 may assign nor delegate any of its rights or obligations under this 2010 IGA without first obtaining the written consent of the other Party, in accordance with Article 8, above. D. No Third-Partv Beneficiaries. No third party may enforce or rely upon this 2010 IGA. E. Bud�et/Annronriation. Notwithstanding anything to the contrary contained in this 2010 IGA, the parties shall have no obligations nor shall any payment be made in respect of any period after December 31, 2010, without appropriation by each Party in accordance with a budget adopted by the governing bodies of the Parties in compliance with the provisions of Article 25 of Title 30, C.R.S., the Local Government Budget Law (§ 29-1-101 et seq.), and the TABOR Amendment (Colo. Constitution, Article X, Sec. 20). F. Costs. In the event that a dispute resulting in litigation should arise relating to the performance of the services to be provided under this 2010 IGA, it is agreed that the prevailing Party shall be entitled to recover all reasonable costs incurred in the defense of the claim, including staff time, court costs, attorney's fees, and other claim-related expenses. G. Severabilitv. Should any part term, portion or provision of this 2010 IGA be finally decided to be in conflict with any law of the United States or of the State of Colorado, or otherwise unenforceable or ineffectual, the remaining parts, terms, portions or provisions shall be deemed severable; and the validity of such shall not be affected thereby, provided such remaining terms, portions or provisions can be construed in substance to constitute the agreement which the parties intended to enter into in the first instance. H. Amendment. This 2010 IGA may only be amended by a written agreement signed and approved by the Garfield County and Pitkin County Commissioners. J. Time of Pavment. Garfield County shall provide $95,000.00 To Pitkin County for the purposes of this 2010 IGA by December 1, 2010, in accordance with Article 2.B., above.. 2010 (GA f'or the Crystal Trail j�/ Page 5 of 6 '� NOW, IN WITNESS TO the agreements contained herein, Pitkin County and Garfiel�� o�n have signed and executed this 2010 IGA to be effective the 1'f' day of ,� , 2010, no matter the date of execution below. ATTEST: �,�. ►�1 Q.� lerk to the Board �(i.L�;�.�c_.:.. _,,�r � �, g • `.��f•o�� Y +. C�,• :�`,�, . • . �� • . • . • r ' . : ��. ��. • ��Yie* 6ap � c '�ORA'� PITKIN COUNTY a .�cJ�� Chairman, ard o ounty Commissioners �� C' � Date � ` � Date 2010 lGA for thc Crystal "Trail � Page 6 of'6 RECEPTION#: 572582, 0 811 2 /2 01 0 at 10:15:31 AM, CONTRACT #%�3' / 6 1 CF s. R$0.00 Doc Code CRDINANCE �gy-i v ' Janice K. Vos Caudill, Pitkin County, CO �.4-1-�a��.�d ) ORDINANCE OF THE BOARD OF COUNTY COMA�SSIONERS OF PITKIN COUNTY, COLORADO ACCEPTING THE ELAM/HOLY CROSS PUD' `^ "'" "ir � � c�w,rciv�r ORDINANCE NO. !>D�I I� REC7TALS RECEPTION#: 572678, 08117l2010 at 12:10:28 PM, 1 OF 13. R$J.00 Doc Code ORDINANCE Janice K. Vos Caudill, Pitkin County, CC The Pitkin County Open Space and Trails Boazd of Trustees is chazged with the � �� v � � �� O � responsibiliTy of acquiring open space and trails, and. 2. The Pitkin County Open Space charter allocates 20% of the Open Space Fund to the acquisition and construction of trails, and 3. The Rio Grande Trail is a major amenity in our valley wluch now connects Aspen to Glenwood Springs, and 4. The Rio Crrande Trail has become an increasingly important corridor for commuters as well as recreationists,and 5. The Rio Grande Trail is currently paved from Glenwood Springs to Pitidn Iron, and from Stein Pazk to downtown Aspen, and 6. The Open Space Board would like to ea�tend the pavement from Pitkin Iron to W/J, while preserving an adjacent soft surface trail wherever feasible, and 7. In 2009, a trail easement was conveyed to Pitkin County by Woody Creek Development Inc., which would allow a soft surface trail parallel to the Rio Cnazid grade, and 8. Elam and Holy Cross now desire to convey soft surface trail easements that would connect to the Woody Creek Development Inc., easement and allow a soft surface trail between Raceway Road and Lower Bullwiiilcle Lane, while allowing pavement of the Rio Grande grade in this location. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Pitkin County, Colorado that: 1. The Boazd Chair is authorized to accept the conveyance of Public Trail Easements from Elam and Holy Cross following the approval of the easement documents by the County Attorney and Open Space Director, for the purpose of providing a soft surface trail parallel to the Rio Grande trail in Woody Creek. INTRODUCED, FIRST READ, AND APPROVED ON THE 6th DAY OF NNE, 2010. Woody Creek Piibhc Trail Easement Ordmanre -?O10 NOTICE OF PUB IC HEARIN PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE ��DAY OF c�U L1 �P 2010. APPROVED UPON SECOND READING AND PUBLIC HEARING ON THE 23rd DAY OF JUNE 2010. PUBLISI3ED AFTE� ADOPTION/IN THE ASPEN TIMES ON THE � DAY OF c- I Ul K 0 WEEKEND EDITION OF THE , 2010. BOARD OF COUNTY OF PITKIN COUNTY, COLORADO ./"�JZ.P.�Q ) U I,i�ti,t�`' George New�an Chair Date: � � �G� � � APPROVED AS TO FORM: _-�-� S:. . � Y �71�—� � tf .F �ohu Eiy_-- '" Hi r 0 C�Ynty Attorney Coun anager �4.ro�-��(,�� 'x _1.�..4.� ,�t'4 Dale Will, Director Open Space and Trails Program Woody Creek Pubhe TraJ Easement Ordinance -'O10 � � � � Iz, h ; r , CONTRACT # / �S3'�� AGREEMENT � ��,a THIS AGREEMENT is made this ,� day of 20� by and between Holy Cross Energy, a Colorado corporation, (hereinaker called Holy Cross'� and Pltkin County Board of County Commissioners, (hereinafter called "Pftkin County'). WHEREAS, Holy Cross owns, operates, and maintains electric transmission lines, (hereby called "Facility"), located on a right-of-way easement situated fn the El/2 of Section 16, Township 9 South, Range 85 W2st of the 6'" P.M., Pitkin County, State of Colorado, on a site knpwn as Elam Construction, Inc., as shown on Exhibit A; and a parcel of land situate (n the El /2 of Settion 16, Township 9 South, Range 85 West of the 6'" P.M., Pitkin County, State of Colorado, on a site known as Woody Creek Developrnent Property, as shown on Exhibit B. These said easements are 100 feet in width, measuring 50 feet on each side of the center line; and WHEREAS, Pitkin County desires to add more trail on the above mentioned land in conjunction with the existing Rio Grande Railroad right-of-way, which will encroach onto these mentioned Holy Cross easements. Encroachments are indicated on Exhibits A and B. NOW, THEREFORE, in consideration of the foregoing and for other good and valuable consideration, the receipt and su�ciency of which is hereby acknowledged, the parties agree as follows: i. Pitkin County has proposed trail additions that encroach onto the Holy Cross easements described above. Pitkin County will design the proposed trail additions at its expense and will clearly show any changes required in the grade of the ground surface within said easemenu. Holy Cross will review the design and grant approval if, in the sole discretion of Holy Cross, such trail additions are acceptable. Holy Cross shall have the sole discretion to determine whether any changes to the existing Facility are needed to accommodate the proposed trail additions. Any c,hanges to the exis[ing Facility needed to accommodate tFie proposed new trafl will be at�the sole expense of Pitkin County. The trail will be constructed in a�cordance with plans approved by Holy Cross and at the sole expense of Pitkin County. No changes or additions will be made to the trail after initial construction without additlonal approval from Holy Cross. ; 2. Holy Cross intends to use the easements for the construction, operation, maintenance, repair, replacement and relocation of the Fadlity and the rights herein granted to Pitkin County for the use of said.easements are wbject to the righu of Holy Cross to use sald easements for such purposes, which righu Holy Cross hereby expressly reserves. Pitkin County agreec, at its sole expense, to relocate its facilities constructed hereunder at the sole discretion and request of� Holy Cross, should future use of the easements by Holy Cross require such relocation. 3. All equipment and vehicular tra�c entering, usVng or crossing Holy eross's righbof-way shall be less than fourteen (14) feet in height above ground and Pitkin County shall maintain clearance of ten (10) feet from any conduc[or as required by the Colorado High Voltage Power Line Safety Aa, §40-9.5-1 Ol , et. sea., C.R.S. 4. Pitkin County agrees and understands that the Facility conductors extend beyond the centerline of the Facility. Pitkin Counry also agrees and understands it has been fully advised by Holy Cross that the Facility may now transmit and may continue to trensmit electric current at significant voltages, and that the conductors of the Facility are not insulated. P(tkin County shall advise all of its employees, agents, contractors and other persohs, including the public, who enter upon said easements of the existence and nature of such Facflity and the potentlal dangerj and risk involved. ' 5. Pitkin County warrants and represents that it has investigated and consulted with legal counsel about, antl made itself aware of all laws, rules and governmental regulations, including, but not limited to the National Electric Safety Code and the Occupatlon Safety �nd Health Act; the laws and regulations of the State of Colorado and the applicable county and therefore agrees: (� that it will comply with all applicable laws, rules and regulations; and (b) that it will, prior to commencement of any activity on the site, obtain all necessary permits, licenses, easements, agreements and other legal or private approvais necessary for the activity at the site. 6. Pitkin County shall suppiy a Proof of Insurance Certificate showing coverage in the following minimum amount5: (a) Workers' Compensation Insurance covering all employees in statutory limits who perForm any of the obligations assumed by Pitkin County in construction and maintenance of the trail, (b) Public liabtltty and property damage liability insurance covering all construttlon and maintenance activities on the trail with a minimum 51,000,000 combined single limit for public liability,'property damage, bodily injury or death, and (c) Automobile liability insurance �on all self-propelled vehicles used in connettion with the construRion and maintenance activitles on the trail, whether owned, non-owned, or hired, with a minimum Y7 ,000,000 �ombined single limit for public Ilability, property damage, bodily injury or death. 7. Grantor's immunity and Grantee's obligation ia insure. The parties expressly acknowledge that the Trail Easement is granted for a`recreational purpose" under C.R.S. Section 33-41-101, se ., and that Grantor is entitled to the benefits, protections and limitations on liability afforded by Colorado law governing recreatlonal Easements, including without limitation said Section 33-41-101, et sea. 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 othenvise, or due to the condition of the Public Trail Area. � 8. To the extent,permitted by law, Pitkin County covenants and agrees to (at all times) protect, indemnify, hold harmless and defend Holy Cross, its directors, officers, agents, employees, successors, assigns, parents, subsidiaries and affiliates from and ajainst any and all claims arising from, alleged to arise from, or related to any injury ailegedly or actually occurring, imposed as a result of, arising from, or related to (a) this agreement; (b) the construttion, existence; maintenance, operations, repair, inspec[lon, removal, replacement, or relocation of the trail ; or (c) Pitkin County or any other person's or entity's presence at the premises as a result of or related to this agreement. Pitkin Countys duty to protect, indemnify hold harmless and defend hereunder shall apply to any and al6 clalms and injury, including, but not limited to: (� Claims asserted by any person or entity, including, but not limited to, third parties, employees of Pitkin Counry or its contractors, subcontrac[ors, or tfieir employees; (b) Claims arising or alleged to be arising in any way out of the existence of electricity or electromagnetic fields at or near the trail; or (c) Claims asserted by Pitkin County, its sub lessees, or agents. FURTHER, Pitkin County shall contaa Holy Cross dispatch at 970-945-5491 at least five (5) working days prior to the commencement of any activities within the said e,'asement, and NO activity shall be performed until a representative of Holy Cross has reviewed the activiry that is adjacent to and withfn the Holy Cross said easement. The instructions of such representative relacing to the safety of the Holy Cross facility shall be followed by Pitkin County, its agents and employees. Any damage to ihe Facility shall be paid for or repaired at the expense of Pitkin County. These provisions shall apply to all direct and/or indirect damages, including, but not limited to power outages and loss of revenue. HOL OSS EN Y, a C do corporation ! PITKIN Cf�UN7Y BOARD OF COU TY COMMISSIONERS By: � � � ; / �(/f 1 � "� ! By:_.,[_ ..� .�i(i{Q'V Ricnard D. Brinkley, Gen ral Manag of � Chair n EI �ctric Operations and ngmeerin STATE ( F COLORADO COUNTY�OF GARF�ELD ) ) ss. ) The foregoing instrument as acknowled ed before rrie this �^�lay of �t_S3.�ta�' , 20 �D by se�Wer Holy Cross Energy, a Colorado corporation. 0 Richard D. Brinkley, Gener 1 Managet of Electric Operations and Engineering Witness my hand and o�cial s I My commission expires: ap I STARLA'NAGER � �� Wal.�.�J STA�TE COL�ORADO � Notary Public �� My Commission Ezpiles 3/26rlA13 j ,fyr-�(.(I�id/ JO�G/L�um, � 8/�� Address ' V � STATE OF COLORADO COUNTY OF GARFIELD ) ) ss. ) The oregoing instr ent as acknowiedged before m this 3 � y r 1 �, 20 /fL, by , �J � da of (/ � l---�� (u+cc) Chairman of Pitkin County Board of County Commissioners. Witness my hand and official seal/�7 Mycommissionexpires: l ��]�/D Servlce Location 78-76 V�Go1lsWere<ment Pitkin [ounty �`?� F 1'�'lAi1.�5�.� /O( Address ��/� Q � I, �__ _ y � � o �� _ S � tr � e_ � �; � ( 5 ' ¢ 3 ��ee� f�qii� � � ' L 4 Y� (��} 8 9 �l -. "' _ � 7\_ e � _ �. �-___ � � O �� ^ � 8 � a; � e � � � i i • / 1 � t \ � � !• a � � � � N -j C a � m O � �r _� m m � N O �z �N� ��c 0 o ? C] a� :? ' �Zz N y � S m ' � O o � O? � �o� S�z N � � � o ,.., y � S �„j m � 3 � i � l I I 1 ` � �\ 1 � O � � � � � b � � � � 3 �d - 3 $e{� `�l �� § s � �� -__=' y � i � £ ��,8 s �� ee � 6§� � �, � � i � // ' � �;' ! � I Ic P ' , I ~ O I / b� r �� i f Z_ I� � I ., � � •�� `\ \\ � � � � m r a �3 n 0 w �i vF 3�g �� - R � {i � Fa .' � � S � O =i a0 o � z n x � m Ci7 � �" O d � m ti7 � '� t�' z0 o � -� �f� y a, H a 9 ro m b � oob � o ? 7y oy� o m � H � £ � ti -� ny �z �a m m � � 3 � � G RECEPTION#: 572583, 08/12/2010 at 10:41:93 AM, t oF 4, R$0.00 Doc Code AGREEMEN7 Janice K. Vos Caudill, Pitkin County, CO AGREEMENT r�Q �� THIS AGREEMENT is made this � day of 20� by and between Holy Cross Ener corporation, (hereinaker called "HOIy Cross") and Pitkin County Board of County Commiss oners! (hereinafter called "Pitkin County"). WHEREAS, Holy Cross owns, operates and maintains electric transmission lines, (hereby called "Facility"), located on a right-of-way easement situated in the El/Z of Sec[ion 16, Township 9 South, Range 85 West of the 6'" P.M., Pitkin County, State of Colorado, on a site known as Elam Construction, Inc., as shown on Exhibit A; and a parcel of land situate in the EI/2 of Section 16, Township 9 South, Range 85 West of the 6'" P.M., Pitkin County, State of Colorado, on a site known as Woody Creek Development Property, as shown on Exhibit B. These said easements are 100 feet in wid[h, measuring 50 feet on each side of [he center Iine; and WHERFAS, Pitkin County desires to add more trail on the above mentioned land in conjunction with the existing Rio Grande Railroad right-of-way, which will encroach onto these mentioned Holy Cross easements. Encroachmen[s are indicated on Exhibits A and B. NOW, THEREFORE, in considera[ion of the foregoing and for other good and valuable consideration, the receipt and su�ciency of which is hereby acknowledged, the parties agree as follows: 1. Pitkin County has proposed trail additions that encroach onto the Holy Cross easements described above. Pitkin County will design the proposed trail additions at its expense and will clearly show any changes required in the grade of the ground surface within said easements. Holy Cross will revlew the design and grant approval if, in the sole discretion of Holy Cross, such trail additions are acceptable. Holy Cross shall have the sole discretion to determine whether any changes to the existing Facility are needed to accommodate the proposed trail additions. Any changes to the existing Facility needed to accommodate the proposed new trail will be at'the sole expense of Pitkin County. The trail will be constructed in accordance with plans approved by Holy Cross and at the sole expense of Pitkin County. -No changes or additions will be made to the trail after initial construction without additlonal approval from Holy Cross. , Z. Holy Cross intends to use the easements for the construction, operation, maintenance, repair, replacement and relocation of th'e Facility and the rights herein granted to Pitkin County for the use of said easements are subject to the rights of Holy Cross to use said easements for such purposes, which rights Holy Cross hereby expressly reserves. Pitkin County agrees, at its sole expense, to relocate its facilities constructed hereunder at the sole discretion and request of Holy Cross, should future use of the easements by Holy Cross require such relocation. 3. All equipment and vehicular traffic entering, using or crossing Holy Cross's right-of-way shall be less than fourteen (14) feet in height above ground and Pitkin County shall maintain ciearance of ten (10) feet from any conductor as required by the Colorado High Voltage Power Line Safety Act, §40-9.5-101, e. se ., C.R.S. 4. Pitkin Counry agrees and understands that the Facility conductors extend beyond the centerline of the Facility. Pitkin County also agrees and understands it has been fully advised by Holy Cross that the Faciliry may now transmit and may continue to transmit electric current at significant voltages, and that the conductors of the Facility are not Insulated. Pitkin County shall advise ail of its employees, agents, contractors and other persohs, including the public, who enter upon said easements of the existence and nature of such Facility and the potential danger and risk involved. 5. Pi[kin County warrants and represents that it has investigated and consulted with legal counsel about, and made itself aware of all laws, rules and governmental regulations, including, but not limited to the National Electric Safety Code and the Occupation Safety and Health Act; the laws and regulations of the State of Colorado and the applicable county and therefore agrees: (a) that it will comply with all applicable laws, rules and regulations; and (b) that it will, prior to commencement of any activity on the site, obtain all necessary permits, licenses, easements, agreements and o[her legal or private approvals necessary for the activity at the site. 6. Pitkin County shall supply a Proof of Insurance Certificate showing coverage in the following minimum amounts: (a) Workers' Compensation Insurance covering all employees in statutory limits who perForm any of the obligatlons assumed by Pitkin County in construction and maintenance of the trail, (b) Public liability and property damage liability in"surance covering all construction and maintenance activities on the trail with a minimum 51,000,000 combined single limit for public liability, property damage, bodily injury or death, and (c) Automobile liability insurance'on all self-propelled vehides used in connection with the construction and maintenance activities on the trail, whether owned, non-owned, or hired, with a minimum 41 ,000,000 combined single limit for public liability, proper[y damage, bodily injury or death. �. Grantor's immuniiy and Graniee's obligatian 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 sea., and that Grantor is entitled to the 6enefits, proteaions and limitations on liability afforded by Colorado law governing recreational Easements, including without limitation said Section 33-41-101, et sea. By granting the Trail Easement, Grantor shall have no obligatfon to repair, ciear or otherwise maintain the area within the Trail Easement or to insure or indemni(y 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. � 8. To the extent permitted by law, Pitkin County covenants and agrees to (at all times) protect, indemnify, hold harmless and defend Holy Cross, its directors, officers, agents, employees, successors, assigns, parents, subsidiaries and affiliates from and against any and all claims arising from, aileged to arise from, or related to any injury allegedly or actually occurring, imposed as a result of, arising from, or related to (a) this agreement; (b) the construction, existence; maintenance, operations, repair, inspection, removal, replacement, or relocation of the trail ; or (c) Pitkin Counry or any other person's or entity's presence at the harmless and defend hereun hall a to ny and I�cla ms andan u to protect, indemnify, hold 1 ry, including, but not limited to: (a) Claims asserted by any person or entiry, incduding, but not limited to, third parties, empioyees of Pitkin County or its contractors, subcontractors, or their employees; (b) Claims arising or alleged to be arising in any way out of the existence of eleariciry or elec[romagnetic fieids at or near the trail; or (c) Claims asserted by Pitkin County, its sub lessees, or agents. FURTHER, Pitkin County shall contatt Holy Cross dispatch at 970-945-5491 at leas[ five (5) working days prior to the commencement of any activities within the said easement, and NO activity shall be performed until a representative of Holy Cross has reviewed the activity that is adjacent to and within the Holy Cross said easement. The instructions of such representative relating to the safety of the Holy Cross facility shall be followed by Pitkin County, its agents and employees. Any damage to the Facillty shall be paid for or repaired at the expense of Pitkin County. These provisions shall apply to all direct and/or indirect damages, including, but not limited to power outages and loss of revenue. HOL OSS EN Y, a C ado corporation PITKIN C UNTY BOARD OF COU TY COMMISSIONERS By: � �� , 1"' By' A�YV �-�' Ri ard D. Brinkley, Gen ral Manage of EI ctric Operations and ngineerin g Chair n STATE F COLOR,4D0 ) '� ) ss. j COUNTY F GARFIELD ) � The foregoing instrument as acknowled ed before mle this Z bY ��e1•,��TMeFCyeeeMire�9fficerof Holy Cross Energ �ay of �cf" � z0_ [O Richard D. Brinkley, Gener 1 Manager of Operatio�ns and Engineering Witness my hand and official s I My commission expires: o 2p I STARLA MACER � ' STA�TE CA�L L OR�Dp My Commission E�pirrs 3lZ6I�13 STATE OF COLORADO COUNTY OF GARFIELD ) ) ss. ) ��Y� � � . . , .��2�s-u.a,tiO.iQ,o�.��. �d 8/�D/ Address ' V The oregoing instru ent as acknowledged before me this y3 � ��c.� z0, �� by ,r�� t�_ day of �- (/ ��dy+� as (1�ico) Chairman of Pitkin County Board of County Commissioners. Witness my hand and o�cial seal�- My commission expires: / ��] _/ j� Mno 0 � �� 4 O ?i�,r! ° , Service Locatlon 7g.75 V�GOIisWgreement Pitkin Counry ��° an' P� �� 1 �/�� _ � 3o C-. ��,��T.# lol Address .A�� E�� r' /� t9 I, I� � � O � � — • � � � , �, �� . � 3 r �` }��et � t�;a:� P � Z �,�i 4 8 9 .i�'___ —_ T e a ______} :�� 4 n a i�� ° m �� O �� ---� s � //�, x/ / ' C � � `� n —" ---� �� C� a t � h � � c a .� m o ny �r y� � � �o 0 � N (/] cnH �n�� 0 o z� c� � ' �--� "�OO ��z �N�.� �� oo � oy� s �� O U � � 2 � tn � � 2 ti 3 � O ^C � ti �, � � � �A � � � F I� �i� .m � � ��aF� � �� > ��4v � � � i 3 � �£ F � �€s' �� e 9 a �� ' 1 ; 1 � I 1 \ \ \ � � � n � 'x� np z = � I / ; j ; / ; / / / I '°� I In P ' / �b� � � T I �� ( I �v I I •\� � L �� I \ \\. � � �• � \ \ \\ ..� _ i E: � 'c � � E oF �� r 0 9 z3� �� h y ( aC mt c. z sE m' ,� v ot o�t o�C a, ��[ z � N � � F a�. -� � � Op� � C � p S $ O O � t 0 U Y � �t �t o; �K x 4 S 3 i �� ... . � , {�� Elam Trail Ease e t CONTRACT # ��`/-/ � TRAIL EASEMENT THIS PUBLIC TRAIL EASEMENT (the "Trail EasemenY'), made and entered into this �'`'�ay ofc�UGt 2010, by and between Elam Construction Inc. ("Grantor"), the Board of County Commissioners of Pitkin Counry, a corporate and body polific ("collectively referred to as Grantee"), RECITALS: 1. Grantor is the record owner of certain real property located in Pitkin County that lies adjacent to the Rio Grande trail in Woody Creek, and 2. Grantee desires ro have a hard surface for the existing trail within the Rio Grande Right of Way, while preserving a soft surface trail parallel to it, and 3. Grantor desires by this instrument to establish and to grant to Grantee a perpetual Trail Easement along the western edge of the property of Grantor to allow a soft surface path parallel to the Rio Grande Trail, and 4. Whereas Holy Cross Energy currently holds an easement on the subject property (Holy Cross Easement), and Grantor requested the consent of Holy Cross Energy to the placement of a trail in this location, and Holy Cross Energy has agreed to proceed pursuant to a separate agreement with Pitkin County which is attached hereto, and 5. Grantee desires by this instrument (a) to accept said Trail Easement subject to the restricUOns set forth herein, and (b) to assume certain responsibiliUes in connection therewith. AGREEMENT NOW, THEREFORE, for and in consideration of the mubual covenants and agreements set forth herein, and for other good and valuable considerations, the receipt and su�ciency of which aze 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 Trail Easement to be loca[ed within 50'of the southwest boundary of the Property as depicted in the shaded areas on Exhibit A. Use of the trail easement shall be exclusively non- motorized except for equipment as may be needed for trail maintenance or emergency response. -1- Elam Trail Easement 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 does not preclude improvement or maintenance activities within the Public Trail Easemettt insofaz as such activities may be allowed or required by this Easement. fc7 (a) motorized skiing. Trail Use Restrictions. Public use of the Trail Easement shall be exclusively for non recreation such as hiking, horseback riding, bicycling and nordic (b) The Trail Easemen[ 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 [han the provisions of said Title XII. (c) Trail Easement Caze and Maintenance. 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 Grantor, assigns, or its successor in interest in [he 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 livestock, horses or third parties. Grantee's maintenance responsibilities shall include, but not be limited to, trash and debris removal, keeping the trail cleaz of rocks, vegetation and other obstructions, grooming as needed, controlling erosion and water runoff, and general caze and maintenance. In addition, at Grantor's request, Grantee will install such fencing as may be needed to ensure that the public remain within the trail easement as provided herein, and provided that such fencing will comply with applicable rules related to wildlife protection. 4. Grantor's immunitv and Grantee's ObliQation to insure. The parties expressly acknowledge that the Trail Easement is granted for a"recreational purpose" under C.R.3. Section 33-41-101, et se�c ., and that Grantor is entitled to [he benefits, protections and limitations on liability afforded by Colorado law governing recreational Easements, including without limitation said Section 33- 41-101, et se�c . 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. -2- Elam Trail Easement 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 ro 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 her successors and assigns with thirty (30) days advance written notice prior to cancellation or termination. Grantee shall, annually provide a Certificate of Insurance to Grantor as verification of compliance with these requirements. 5. Dutv to Indemnifv. To the extent permitted by law, Gran[ee covenants and agrees to (at all times) protect, indemnify, hold harmless and defend Grantor, its directors, officers, agents, employees, successors, assigns, parents, subsidiaries, and affiliates from and against any and all claims arising from, alleged to arise from, or related to (a) this agreement; (b) the construction, existence, maintenance, operations, repair, inspection, removal, replacement, or relocation of the Trail ; or Grantee or any other person's or entities presence at the Trail Easement as a result of or related to this agreement. Grantee's duty to indemnify, hold harmless and defend hereunder shall apply to any and all claims and injury. 6. Termination of Trail Easement. The Trail Easement granted hereby shall terminate only upon termination or abandonment of the Holy Cross Easement. In all other respects, the Trail Easement shall be perpetual. 7 Attornevs' Fees. In the event the interpretation or enforcement of this Trail Easement should ever become the subject of litigation between Grantor (or her successors and assigns in the record ownership of the underlying real property traversed by the Trail Easement, or any part thereo� and Grantee, the prevailing party shall be entitled to an award of its reasonable costs and attorneys' fees incurred in connection therewith. 8 Bindine 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. -3- Elam Trail Easement IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the day and year first above written. GRANTOR: Elam Construction Inc. : By��_�-- .� Elam onstrucuon Inc. STATE OF COLORADO CK�I�J�1�'L� ' . 1►I � `�. ) ) ss. ) The foregoing instrument was acknowledged before me this Zc> day of �, 2010, by �� r '�� , of Elam Construction Inc. Witness my hand and official seal. My commission expires: (a � S � 2 b i Z l .l'YLq�CQa,� Notary �iblic ��'��25� ``, ��`��a no� � � �otoi =Q � f, P 4b1\� ��o @ °f CO�a � �On � -4- Elam Trail Easemen[ GRANTEE: Pitldn Counry, Colorado By: i � .� �,P _ George New , Chair — � (COLTNTY OF PTI'KIN ) � The foregoing instrument was aclrnowledged before me this �� of µ � , 2010, by George Newman, Chair of the Boazd of Counry Commis ioners of Pi n Cou�ty, Colorado, and attested to by�l(� - �e S . Wimess my hand and official seal. My commission expires: \J O� �6 D R/S ��i �3 �'p �i � �S �SA/� f .` =�� 2�� %� � � � �� q �� . � � OF GO\��0sa�� '� ExP� ` %t( �i2� No ub ic � - 5 - Elam Trail Easement E�ibit A- Map of Area in Wluch Trail is to be L.4cated �l.i� �.� �6,�� V �I � �� w � N z�� o woo V `� a � � y ,.� �� ;° w (� y o �� z�� ,� �° � U w � � Wa � � y 4 E' s� �:- , "�', , ; �, '"j /,/ /`/• , � � -� � ��'� �� , � ,� ' � T.�:�, . . ,�� / y _� % s,' €\'� / � � . " ,�� /, _.-�`'' _��° _ i ' '; � i �� I , �� 0 � , � E' � �� ------ �� -- �� {2� ��.a� �� !� `� , ..; -� � - gl(8(I�Y � � RECEPTION#: 572679, 08/17t2010 at Elam Trail Easement 12:12:32 PM, t OF 7, R$�.0a Doc Code EASEMENT Janice K. Vos Caudill, Pitkin County, CO TRAIL EASEME THIS PUBLIC TRAIL EASEMENT (the "Trail EasemenP'}, made and entered into this �'`�ay ofc�UGtt, 201Q by and between Elam Construcdon Ina ("Grantor"), the Board of County Commissioners of Pitkin Counry, a corporarte and body politic ("collectively refened to as Grantee"), RECITALS: 1. Gran[or is the record owner of certain real property located in Pitkin Counry that lies adjacent to the Rio Grande trail in Woody Creek, and 2. Grantee desires to have a hard surface for the existi�g trail within the Rio Grande Right of Way, while preserving a soft surface trail parallel to it, and 3. Grantor desires by this instrument to establish and to grant to Grantee a perpetual Trail Easement along the western edge of the property of Grantor to allow a soft surface path parallel to the Rio Grande Trail, and 4. Whereas Holy Cross Energy currently holds an easement on the subject property (Holy Cross Easement), and Grantor requested the consent of Holy Cross Energy to the placement of a trail in this location, arod Holy Cross Energy has agreed to proceed pursuant to a separate agreement with Pitkin County which is attached hereto, 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, far and in consideration of the muUual 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 Trail Easement to be located within 50'of the southwest boundary of the Property as depicted in the shaded areas on Exhibit A. Use of the trail easement shall be exclusively non- motorized except for equipment as may be needed for trail maintenance or emergency response. -1- Elam Trail Easemen[ 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 does not preclude improvement or maintenance activities within the PubVic 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, bicycding and nordic skiing. (b) The Trail Easement is governed by the rules and regulations and other provisions of Title XII of the Pitkin County Code, as said 'Z'itle 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 reskrictive than the provisions of said Title XII. (c) Trail Easement Caze and Maintenance. Grantee hereby assumes complete responsibility for and agrees to caze for, groom and maintain the Trail Easement in a clean and attractive condiuon and in a good and safe order and repair, at its sole cost and expense, unless the need therefore is caused by Grantor, 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 caze so required provided however that Grantor is not responsible for said damage if caused by 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. In addition, at Grantor's request, Grantee will install such fencing as may be needed to ensure that the public remain within the trail easement as provided herein, and provided that such fencing will comply with applicable rules related to wildlife protection. 4. Grantor's immunitv and Grantee's Oblitation to insure. The parties expressly acknowledge that the Trail Easement is granted foQ a"recreational purpose" under C.R.S. 5ection 33-41-101, et s�., and that Granrtor 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 se�c . By granting the Trail Easement, Grantor shall have no obligation to repair, clear or otherwise maintain the area within the Tra�l Easement, ar 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, ar due to the condition of the Public Trail Area. -�- Elam Trail Easement 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 her successors and assigns with thirty (30) days advance written notice prior to cancellation or termination. Grantee shall, annually provide a Certificate of Insurance to Grantor as verification of compliance with these requirements. 5. Dutv to Indemnifv. To the extent permitted by law, Grantee covenants and agrees to (at all times) protect, indemnify, hold lnarmless and defend Grantor, its directors, officers, agents, employees, successors, assigns, parents, subsidiaries, and affiliates from and against any and all claims arising from, alleged to arise from, or related to (a) this agreement; (b) the construction, existence, maintenance, operations, repair, inspection, removal, replacement, or relocation of the Trail ; or Grantee or any other person's or entities presence at the Trail Easement as a result of or related to this agreement. Cdrantee's duty to indemnify, hold harmless and defend hereunder shall apply to any and all claims and injury. 6. Termination of Trail Easement. The Trail Easement granted hereby shall terminate only upon termination or abandonment of the Holy Cross Easement. In all other respects, the Trail Easement shall be perpetual. 7 Attornevs' Fees. In the event the interpretation or enforcement of this Trail Easement should ever become the subject of litigation between Grantor (or her successors and assigns in the record ownership of tMe 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. 8 Bindin¢ 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 Trai] 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. -3- Elam Trail Easement IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the day and year first above written. GRANTOR: Elam Construction Inc. : By � Elam onstruction Inc. STATE OF COLORADO COUNTY OF P1TKIN � �. ) ) ss. ) The foregoing instrument was acknowledged before me thisZV day of "Y�rA,.i , 2010, by .�i s or '�"t'-�� , of Elam Construction Inc. Witness my hand and official seal. My commission expires: (o � S � z b i Z— l .l' ✓LQr�K_.�.�--- �\�� Notary �iblic ` ��.�0�� a'HO 4 �''.. �l'�. ? � aotvi�, G � :Q +� rt� � N, ' � � ��,,�o o � o a�� o ,�N o,��a � o b Oy ;b -4- Elam Trail Easement GRANTEE: Pitkin County, Colorado B ,Q'l.,�p.� .e , �il.� � � George New�an, Chair � (COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this �� of �, 2010, by George Newman, Chair of the Boazd of County Commis ioners of Pitkin Cou y, Colorado, and attested to bv �jt�,l,� � �t S . Witness my hand and official seal. My commission expires: \ ��uriu�� `� �E DR/$ �i� ��r� - ti = � — �o %. p lJ6V��; ^ (�r' � E �i�� OF G ��0y ""iss�on ExP` � � �� Not ub ic � -5- Elam Trail Easement Exhibit A- Map of Area in Which Trail is to be L+ocated -6- �. ,> m � ° `_�� F+ e �� o � W �v� �o ��o Iz1 � O a F z� 0 F � U ]o� �� '. U z o �; o � �, W �� s 6 � � � ; � � � � ° �� @� g ` i / �. � 8. v� ,' e ��€ -_ ' _ 6 8 , �� 4 > �E~ • �� b ____ 2 9 si`� _ � � �� °.�pg� i .., , -- .- �ic, (�� , � _ _ - -- � — � � ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO ACCEPTING THE ELAM/HOLY CROSS PUBLIC TRAIL EASEMENT ORDINANCE NO. OO�/ -2010 RECITALS 1. The Pitkin County Open Space and Trails Board of Trustees is chazged with the responsibility of acquiring open space and trails, and. 2. The Pitkin County Open Space charter allocates 20% of the Open Space Fund to the acquisition and construction of trails, and 3. The Rio Grande Trail is a major amenity in our valley which now connects Aspen to Glenwood Springs, and 4. The Rio Grande Trail has become an increasingly important corridor for commuters as well as recreationists, and 5. The Rio Grande Trail is currently paved from Glenwood Springs to Pitkin Iron, and from Stein Pazk to downtown Aspen, and 6. The Open Space Board would like to extend the pavement from Pitkin Iron to W/J, while preserving an adjacent soft surface trail wherever feasible, and 7. In 2009, a trail easement was conveyed to Pitkin County by Woody Creek Development Inc., which would allow a soft surface trail parallel to the Rio Grand grade, and 8. Elam and Holy Cross now desire to convey soft surface trail easements that would connect to the Woody Creek Development Inc., easement and allow a soft surface trail between Raceway Road and Lower Bullwinkle Lane, while allowing pavement of the Rio Grande grade in this location. NOW, THEREFORE, BE IT ORDAINED by the Boazd of County Commissioners of Pitkin County, Colorado that: 1. The Boazd Chair is authorized to accept the conveyance of Public Trail Easements from Elam and Holy Cross following the approval of the easement documents by the County Attorney and Open Space Director, for the purpose of providing a soft surface trail parallel to the Rio Grande trail in Woody Creek. INTRODUCED, FIRST READ, AND APPROVED ON THE 6th DAY OF NNE, 2010. Woody CrceA Publ�c Trail F.aaemzm Ordinancc �010 . � NOTICE OF PUB IC HEARIN PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE �DAY OF U 9 2010. APPROVED UPON SECOND READING AND PUBLIC HEARING ON THE 23rd DAY OF NNE 2010. PUBLISHED AFTER ADOPTIONjIN THE WEEKEND EDITION OF THE ASPEN TIMES ON THE � DAY OF c 1 Ul (�l , 2010. � BOARD OF COUNTY APPROVED AS TO FORM: �` � — �/ Joh ly..-- ' ., � � � _ ' Lale �, Director Open Space and Trails Program OF PITKIN COUNTY, COLORADO �" �l 1t.P. �QQ � ,e.<,�� George New�an Chair Date: /J /z � �G � � � � Y ��--� � � � � Hila letcher 0 Coun anager Wuody Creek Pubhc TraJ Fiascmcm Ordmanac ?010 � >NSTRUCTION, INC. ��6 Struthers Avenue �and Junction, Colorado 8150b3826 70)242-5370 FAX (970J245-7716 Letter of Transmittal To: Gary Tennenbaum Pitkin County Open Space and Trails Land Steward 530 E. Main St. Aspen, CO 81611 Transmitted: � For Approval � For Correction & Resubmission � Approved � Approved as Noted � For Your Records ❑ Copies I 1 Date 5-20-10 I Trail Easement Description Remarks: �e entered into date on the fust page is lefr blank. I assumed you would use the date that the Commissioner executes thc document. B /�//J f_�,yu�,�� / Project: Trail Easement Elam Property � Attached � Under Separate Cover � Copy of Letter � Prints � Change Order � Plans � Specification � Original Document Date S".2 a - / � � ��