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Home My WebLink Aboutbocc.res.036.1999A RESOLUTION OF THE PITKIN COUNTY BOARD OF COUNTY OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, AUTHORIZING THE CHAIR TO EXECUTE THE TEMPORARY WINTER TRAIL EASEMENT WITH ROLL INTERNATIONAL CORPORATION Resolution #99Str - 1. Roll International Corporation ("Grantor") is the record owner of that certain real property located in Pitkin County, Colorado, as shown and described on the First Amended Plat of Stillwater Ranch parcels recorded December 2, 1993 in Plat Book 33 at Page 34 of the Pitkin County, Colorado records. 2. The Winter Trail Easement was established in the Winter Trail Easement Agreement recorded August 11, 1993 in Book 720 at Page 974 of the Pitkin County, Colorado records. 3. The Grantor wishes to enter into a Temporary Winter Trail Easement Agreement which grants to the Board of County Commissioners of Pitkin County, Colorado a temporary, non-exclusive trail easement and right-of-way for the use of the general public for this 1999 winter season only. 4. The Temporary Easement shall be subject to the same "Trail Use Restrictions" as are contained in the above -described Winter Trail Easement Agreement. 5. The County will assume full responsibility for maintenance of the Temporary Easement, and agrees that each and every term and provision of the above - described Winter Trail Easement Agreement shall apply to the Temporary Easement with the same effects as if the Temporary Easement were part of the Winter Trail Easement. 6. It is in the best interest of the County to enter into the Temporary Winter Trail Easement Agreement. NOW THEREFORE, be it resolved by the Board of County Commissioners of Pitkin County, Colorado, that the Temporary Winter Trail Easement Agreement is accepted and the Chair is authorized to execute the Temporary Trail Easement Agreement, after approval of the form by the County Attorney, and such other documents as are necessary to finalize the transaction. INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING ON THE 10TH DAY OF FEBRUARY, 1999. NOTICE OF PUBLIC HEARING PUBLISHED IN THE WEEKEND EDITION OF THE ASPEN TIMES ON THE 20TH DAY OF FEBRUARY, 1999. Resolution # 99-4 Page 2 APPROVED UPON SECOND READING AND PUBLIC HEARING ON THE 10TH DAY OF MARCH, 1999. PUBLISHED AFTER ADOPTION IN THE WEEKEND EDITION OF THE ASPEN TIMES ON THE 20TH DAY OF MARCH, 1999. ATTEST: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO Je_i ette Jones Leslie J. Lamon puty Clerk Chair /' Date: , APPROVED AS TO FORM: Aii°44 a -- Deborah Quinn Assistant County Attorney 1/reso/rolLres Suz Koncha Cou anager FT'a 80C-C- 11 €sh/C///S £it4in c7`11-r 711-(1 )l o r Ct/i s !F -to cA-.-K-t- % ,-/t_s £sE6iavt TEMPORARY WINTER TRAIL EASEMENT This Temporary Winter Trail Easement (the "Easement") is made and entered into this day ofJanuary , 1999, by and between ROLL INTERNATIONAL CORPORATION (hereinafter referred to as "Grantor") and the BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, as the governing body of Pitkin County, Colorado (hereinafter referred to as "Grantee") RECITALS: A. Grantor is the record owner of Stillwater Ranch Parcels 2 and 3, Pitkin County, Colorado, as shown and described on the First Amended Plat of Stillwater Ranch Parcels, recorded December 2, 1993, in Plat Book 33, at Page 34 of the Pitkin County records (hereinafter collectively referred to as the "Subject Parcels"). B. Pursuant to a Winter Trail Easement Agreement (Restated), dated August 10, 1993, and recorded in Book 720 at Page 974 of the Pitkin County records (the "1993 Easement"), the previous owner of the Subject Parcels, Fabienne Benedict, granted an easement to the Board of County Commissioners of Pitkin County for winter use only cross country skiing purposes over and along a trail alignment described therein. C. Grantor desires, by this instrument: (1) to establish and grant to Grantee, on a temporary basis, an alternative alignment to that described in the 1993 Easement; and (2) to establish certain restrictions with respect thereto. D. Grantee desires, by this instrument: (1) to accept the temporary trail easement described herein, subject to the restrictions set forth herein; and (2) to assume certain responsibilities in connection therewith. NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor and Grantee agree as follows: 1. Grant of Temporary Winter Trail Easement. Grantor hereby grants, transfers and conveys unto Grantee and its successors and assigns, for the use and benefit of the general public, by quit claim only and without warranties of title, a non-exclusive easement and right of way over and along a 12-foot wide strip of real property which lies 6 feet on either side of the centerline alignment described as the "Proposed Adjustment" on the attached Exhibit A (hereinafter referred to as the "Temporary Winter Trail Easement"). Grantee shall have the right to operate outside the Temporary Winter Trail Easement, occasionally and temporarily only, for the turning of track setting vehicles. No trail cutting or vegetation removal will take place outside of the Temporary Winter Trail Easement. It is understood and agreed that Grantee's trail use, signs and/or trail marker guides may also be installed out of, but as close as possible to, the Temporary Winter Trail Easement. Any other activities or operations outside the Temporary Winter Trail Easement shall require the prior written approval of Grantor. Grantee hereby accepts the Temporary Winter Trail Easement in an "as is" condition, subject to the restrictions herein contained, and subject to all latent defects or problems of any kind or nature. 2. Term/Trail Use Restrictions. Grantee's rights in and to the use of the Temporary Winter Trail Easement shall commence on January 1, ,999., and shall terminate on May 1, 199',9. The Temporary Winter Trail Easement shall be subject to the trail use restrictions as set forth in paragraph 2 of the 1993 Easement. 3. Care and Maintenance. Grantee hereby agrees to care for, groom and maintain the Temporary Winter Trail Easement in the same manner as is required pursuant to the terms of the 1993 Easement. 4 Avalanche Hazards. Grantee acknowledges that portions of the Temporary Winter Trail Easement may be subject to avalanche hazards, and Grantee expressly assumes all responsibility and liability for warning the public of such hazards, for monitoring the condition of the trail and of the slopes above it, and for closing the Temporary Winter Trail Easement during periods of potential slide danger. 5. Enforcement; Signs and Gates. To the extent applicable, Grantee's use and operation of the Temporary Winter Trail Easement shall be subject to the terms and conditions of paragraph 6 of the 1993 Easement. 6. Grantee's Obligations to Defend, Hold Harmless and Insure. The parties acknowledge that the Grantor is entitled to the benefits, protections and limitations on liability afforded by Colorado law, including C.R.S. Sections 33-41-101 through 105. Grantee hereby agrees to defend (including reasonable attorneys' fees) and hold harmless Grantor and its respective successors and assigns in the record ownership of the Subject Parcels, or any of them, or any part thereof, to the full extent allowed under Colorado law, from and against any and all claims, demands, causes of action, damages, losses, liabilities, costs and expenses of any kind or nature (including those involving death, personal injury or property damage) arising from or incurred in any way in connection with the use of the Temporary Winter Trail Easement by anyone, including members of the general public, excepting any such claims or losses which may arise directly from the willful and grossly negligent acts of Grantor and its agents or employees, or other claims as described in C.R.S. Section 33-41-104(1). Grantee further agrees to add Grantor (and its successors and assigns in the ownership of the Subject Parcels or any of them 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 Temporary Winter 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 therefor from Grantor or any successor or assign, provide a Certificate of Insurance as verification of compliance with these requirements. The parties acknowledge that the Grantee is not, by the foregoing, making any representation about its legal ability to defend and hold harmless the Grantor against any claims, damages, losses or liability. However, Grantee hereby reaffirms its agreement to so defend and hold harmless to the full extent allowed under Colorado law. 7. Attorneys' Fees. In the event the interpretation or enforcement of this Temporary Winter Trail Easement should ever become the subject of litigation between Grantor (or its successors and assigns in the record ownership of the Subject Parcels or any of them 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. Binding Effect. This Temporary Winter Trail 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 Subject Parcels, or any of them. The benefits and burdens hereof shall also run with the title to the Subject Parcels and each of them and all parts thereof. This Easement may only be amended by a writing signed by Grantee and by the then recorded owners of the Subject Parcels. reanick\twtease ROLL INTERNATIONAL CORPORATION By: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO By: -3-