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HomeMy WebLinkAboutbocc.con.186.2011 RECEPTION #: 583181, 09/30/2011 at 10:48:24 AM, CONTRACT # 1 OF 11, R $0.00 Doc Code ORDINANCE Janice K. Vos Caudill, Pitkin County, CO _ �, °�/ CONTRACT / ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS 01 OF PITKIN COUNTY, COLORADO ACCEPTING THE ELAM/HOLY CROSS PUBLIC TRAIL EASEMENT ORDINANCE NO. 209 -2010 RECITALS 1. The Pitkin County Open Space and Trails Board of Trustees is charged 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 Park 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 Board of County Commissioners of Pitkin County, Colorado that: 1. The Board 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 tr it parallel to the Rio Grande trail in Woody Creek. M 6;/ K w 4 INTRODUCED, FIRST READ, AND APPROVED ON THE qth DAY OF JUNE, 2010. Woody Creek Public Trail Easement Ordinance -f -2010 l NOTICE OF PUBIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE / 3 DAY OF JU (e 2010. APPROVED UPON SECOND READING AND PUBLIC HEARING ON THE 23rd DAY OF JUNE 2010. PUBLISHED AFTE1 ADOPTION IN THE WEEKEND EDITION OF THE ASPEN TIMES ON THE 2 / 0 t , DAY OF U v , 2010. Al ST: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO \.i : a . / L k Jea l • e Jones George New an De T Clerk / Chair Date: ) 2 0,. J 0 APPROVED AS TO FORM: --- _ _ ,- - - 7 l Joh 1 ly ..,_- -- � 1 . Hila letcher C • tt r" y Couanager u r . -. 1 ale '' , Director Open Space and Trails Program Woody Creek Public Trail Easement Ordinance -2010 9.. g, <, Elam Trail Easement TRAIL EASEMENT THIS PUBLIR TRAIL EASEMENT (the "Trail Easement"), made and entered into thisS3`" day of bt&-L, 2010, by and between Elam Construction Inc. ( "Grantor "), the Board of County Commissioners of Pitkin County, a corporate and body politic ( "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 to 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 subjectto the restnctions set forth herein, and (b) to assume certain responsibilities in connection therewith. AGREEMENT NOW, THEREFORE, for and in consideration of the mural 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 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 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. (b) The Trail Easement is governed by the roles and regulations and other provisions of Title XII of the Pitk in 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 XII. (c) Trail Easement Care 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 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 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 immunity and Grantee's Obligation 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. -2- I 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. Duty to Indemnify. To the extent permitted by law Grantee 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 Attorneys' 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 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 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 - 5 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 ) ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this Zv day of .` Y ev�a ,: 2010, by . Lo S.ov■ C�� , of Elam Construction Inc. Witness my hand and official seal . My commission expires: (n ( C 1 Zb 1 2— C ,CQJ � Notary blic �% tea:: HO ■ ` `C o .. OS C` G Z a. '°U bl‘ o : 0 ISO a te -cv o ,, Of Co ```� off IV � 4 s / on Expires. � • (‘2, Elam Trail Easement GRANTEE: Pitkin C ty, Colorado / r_________ G wmn, Ch: ili T: 1 / IA .',/ . /, (COUNTY OF PITKIN ti) foregoing instrument was acknowledged before me this ay of g g I& , 201 by Geor e Newman, Chair of the Board of linty Co 1 II' sion .ss off Pitkin Conn , olorado, and atte to by 1\ /c # t n Witness my hand and official seal. , : f , My commission expires liiiii . , ■ i -� 8s zo \ \ \ \ Illllllll ry ,�, \\\ NOrgTr :-9Q= b . 7,., ' p J8L IC , <0 • . - .. ...... ......",. 0 .,-',..-.: ' '4',,,F,CO LO�P\�\ \`\\�. nu -- 5_ • • • Elam Trail Easement Exhibit A- Map of Area in Which Trail is to be Located • • -.6 .. . . , . . L W tkj1 . . I - I g k ' 4 --...... 1 ilk ,,- , 1111 171 ., ..„. .. . .,. .-. ..„. //11 .0 . Oa , . \ ' ' ,..-• , , ..," .. > CO • IN ,. ril....fr ...' eg - f. g4 .. . .. ,.. — ' 0 P44. Ui i'41 ,„, .,. ,- - • : f r : 6 gg ..., 4/, ; r , H .- ...,- e z: i kt a 4 I , ''', 0 . 1 ' ,&. 0 0 to fr-i f - q..1 ,. ., ..Z 1 e o I t-t te at ,,- AO' ''' C...) `6* "--, Z s , , , . • Ig' • - - - t-... 0 ?., a.•! ''', ,--, , ....- , , ` ' t- t .: " -' • ..,, „, , •• , ; . ..-. ,L4 Q / '' ,,,, , 4;;Z 7 * - ?7. '''..T/• '' Z'' '- '' ' ' N ' ' , - • - ' .. - ' . t - 4 '-'1 - ..,==' . 44 0 ‘.., - ,4-0,,,,-).. N-44, ..,:-r-I ,11.4.-.15.*:....,• ,, -."....-, ' - , -- — -',,-.. • — • --,r, A v. ,,i.. N. .- . ' .4 C .. ) .., - , -2.4e. , . • '',.` , ;T:flk - ,,p1 ) 1F1-tt 4-1;k1f, - :N4 ,-, - :, . - , , „ „, ?t. , „. ---, ,„. , „.,.. ..,- 4 - '..,, tr •A ____,.. OL.14.....,44 .... =,---, - ' -,7*.:W(1...Z'r..},i ' .' it,. 4 4 44 — ... . .. .. .. , .. i• MOGRAME .fr■J tumn4w4my ' #ZI ___ f, g ".-) Ittt . , .,_ . . . . .. 1... . . • i . 1 .. • . • • .••••••,...• • :. . , ,. .•.. .. . . . . ..•.•••••• . . . , ... . , . .... . . .• .. ... . .. . . .,.. . __ ... _ ..... . • •• AGRE . . , . .._ .. t P" lii THIS AGREEMENT is a this . • day of 2 r u . ,by and'between Holy Cross Energy, a Colorado • • . • corporation (herein er called .Holy Cross'' and Pitkin County8oard of County Comniissloners; (hereinafter called' "Pitkin.Couri WHEREAS, Holy Cros own and maintains electric transmissionlines, (hereby called "Fadlity") located •.on a right -of -way eat Merit' situated in the E1/2 ofSection 16; Township:9 South, Range 85 West of the 6th P.M., • Pitkin County;'State f Colorado aori a sfte knpwn as`Elam Construction Inc:, as shOwim on Exhibit A; and a parcel of land situate in the 1 • J2 Cif Section 16, •Townsinp 4 South, Range 85 West of the 6• P.M., Pitkin County, State of Colorado,.on a site k own as Woody Creek Deveiop.ent 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•Cou desires-to add more trail on the -above mentioned land in conjunction with the existing Rio Grande Railroad :10t -of-Way, which will encroach onto these mentioned Holy Cross easements. Encroachments are 1 dicated on Exhibits`A acrd B. • • . NOW, THEREFORE,3n Consideration of the foregoing and for other good and valuable consideration, the receipt • and suffidency•ofw ch is hetebyacknowledged, the:parties agree as 1. Pitkin County as.proposed trail additions that encroach onto the Holy Cross easements described • above. Pitkin 4 ounty will design the proposed trail additions at its expense and will clearly show any changes requi d in the grade of the ground surface within said easements. Holy Cross will review the design and g t approval if, in the sole - discretion of Holy Cross such trail additions are acceptable. Holy Cross shall ha the :sole discretion to determine whether any changes to the existing Fadlity are needed to accommoda e The proposed trail additions. Any changes to the existing•FaciIity needed to • accommodate tie proposed new trail will be atthe sole expense of Pitkin County. The trail will be constructed in ccordance 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 additional approval from . Hoy Cross. . I • 2. • Holy Cross int ds to use the easements for the construction, operation, maintenance, repair,_ replacement • - and :relocation f ttie Facility and the rights herein granted to' Pitkin 'County forthe use of said.easements are subject to a right Hoy Cross to`use said easements for such purposes; which rights Holy Cross hereby expres yreserves. cP"itktn Countyagree3,-atIts sole expense, to relocate its fadlities constructed j hereunder at a sole discretion and request.o Hoy Cross, should future use of the easements by Holy Cross require ch relocation. I • 3. All equipment • d vehicular traffic entertng;`ussng or crossing Holy Cross's right -of -way shall be less than fourteen (14) f et In height above ground and Pitkin County shall maintain clearance.of ten (10) feet from • any conductor required by the Colorado High Voltage Power tine Safety Act, §40 -9.5 -101, et. seq., C.R.S. i • 4. Pitkin County rees.and understands that the Facility conductors extend beyond the centerline of the • • Facility: Pitkin oiinty also:agrees and underStands it has beenfuly advised by Holy Cross that the Facility may now trans it Ind may continuetcctransmitelectric current at significant voltages, and that the • • conductors of e' Facility are not insulated. County Shall advise all of its employees, agents, • contractors an• other persons; including the public, who enter upon said easements of the existence and • nature of such acility and the potential danger and risk involved. . • 5. Pitkin County rrants and represents that it has investigated and consulted with legat counsel about, and made itself a re . of all laws, rules and governmental regulations,. including, but not limited to the National • Electric Safety , tide and the Occupation Safety and Health Act,'the laws and regulations of the State of Colorado and t e applicable county and "therefore agrees: (a) that It will comply with all applicable laws, rules and regul tions; and (b) that it will, :prior to commencement of any activity on the site, obtain all • necessary pe its, licenses, easements, agreements and other legal or private approvals necessary for the activity at the te. • • : . 6. Pitkin County s all supply a Proof of insurance Certificate showing coverage in the following minimum • amounts: (a)..: orkers'- Compensation 9nsurance covering all employees in statutory limits who perform • any of the obis • ations assumed by Pitkin Count* in construction and maintenance of the trail, (b) Public • • ' • liability and pr. perry damage liability insurance covering all construction and maintenance activities on the . trail with a min mum 51,000,000 combined single limit for public liability, property damage, bodily injury or death, and ( Automobile Iiability.insurance ion all self - propelled vehicles used in connection with the • ' construction d maintenance activities on the rail, whether owned, non - owned, or hired, with a minimum • • 51,000,000 co bined single limit for public liability, property damage, bodily injury or death. . 7. Grantor's imm nity and Grantee's obligation to insure. The parties expressly acknowledge that the Trail , Easement is g ted for a'recreational purpose' under C.R.S. Section 33 -41 -101, et sect., and that Grantor • • is entitled to benefits, protections and limitations on liability afforded by Colorado law governing recreational - ements, including without limitation said Section 33-41 -101, et seq. By granting the Trail Easement, G tor 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, whe er alleged to have occurred as a result of use of the Trail Easement for public non- - motorized tray I or otherwise, or.due to.the condition of the Public Trail Area. • . j , - ..... /0 . .. •... .. .. . .. •• _.•• ... .. ,.. ,,. .. . ....• . . . .... .... . .• • • ...... ... • .... •• • . .• , .. ,......... • ....• •. .. ••:.•:::.._•• ..••• •• . 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, alleged 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 County or any other person's or entity's presence at the premises as a result of or related to this agreement. Pitkin County's duty to protect, indemnify, hold harmless and defend hereunder shall apply to any and all claims and injury, including, but not limited to: (a) Claims asserted by any person or entity, including, but not limited to, third parties, employees 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 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 contact Holy Cross dispatch at 970 -945 -5491 at least 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 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. • ado corporation PITKIN COUNTY BOARD OF COU)V iY COMMISSIONERS By: 1.. ' 1 !- By: I ,v I .. l /! Ri• and D. Brinkley, Gen-rai Manag of v Vie) Chairman El - ctric Operations and Engineerin e STATE 4 F COLORADO ) 1 )ss. I COUNTY •F GARFIELD ) The foregoing instrument as acknowled • ed before me this day of , 20 , by Del Worley, Chief Executive Officer o Holy Cross Energy, a Colorado corporation. Witness my hand and official se -1 My commission expires: . Notary Public Address STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) f The oregoing instru ent as acknowledged before me this, 3 day of c- iL/ Lt_� 20 /l , by •!./,y1 -P / ✓j . ryr et I., . as (Viva) Chairman of Pitkin County Board of County Commissioners. Witness my hand and official seal v7 r ;' My commission expires: i – i 7- it: / , A P f+41 `Q /i r Notary Public i q 2 `� g _ Address At i L �' / ((. ( (- ( 1 'f/ nV \ \ llI(I‘ , -Ares 07I Service Location 7846 V\ GolisWgreementMain County / RECEPTION #: 583182, 09/30/2011 at 10:48:25 AM, 1 OF 7, R $0.00 Doc Code EASEMENT Elam Trail Easement Janice K. Vos Caudill, Pitkin County, CO CONTRACT #1g5 TRAIL EASEMENT THIS PUBLIC TRAIL EASEMENT (the "Trail Easement "), made and entered into this93`' day of 60144-, 2010, by and between Elam Construction Inc. ( "Grantor "), the Board of County Commissioners of Pitkin County, a corporate and body politic ( "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 to 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 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 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 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 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. (b) The Trail Easement is governed by the rifles 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 XII. (c) Trail Easement Care 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 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 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 immunity and Grantee's Obligation 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. -2- 9 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. Duty to Indemnify. To the extent permitted by law, Grantee 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 Attorneys' 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 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 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- /V 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 ) ) ss. COUNTY OF PITKIN The foregoing instrument was acknowledged before me this Zc) day of 2010, by s_0\-\ , of Elam Construction Inc. Witness my hand and official seal. My commission expires: ( C 1 2 5 1 2 — Notary iblic � ,ra HO Q N kt, tQ/b G -.. don N '°ub11 • Of COX °• ,,/ Ion n Fxplres0 -4- / , — — Elam Trail Easement GRANTEE: Pitkin C ty, Colorado By: Pitkin 1 GeoigeRew el I .,Ch • . T: 1 l (COUNTY OF PITICINT ) ' foregoing instrument was acknowledged before me this aY of 20 4 C ) , 2011, by Geor e Newman, Chair of the Board of unty Co i sion s of Piticin Count , olor clncil attested to . by - 1 _ Witness my hand and official seal. ■ My commission expires: rNk i 4 '-- 1 ...., Atavitra.._ '1! a I I ■ --Alb .. il I 10 4 Not Ar7. r ■ ,,IIIIIIIiit \ p . s mAc o / \■% ........ .... o ,, - • — . P U B L I C .5; ...A • •!' c<‘ Op " ...... /// 001.0 \ - 5 - /6 Elam Trail Easement Exhibit A- Map of Area in Which Trail is to be Located -6- 7 3 1 4 e 4 02 i gli,,3 E 3 g § g.2E B a zi18 85 E 5 2 i - 4 5' 1 ' 2 . , , i 0.: E—( t\\ i it'41"4t: cal E3 tei 2 t t — ;•LI 8:i A z ..1 0 6 a 6!iit 44 0 5 r 5 8 1 \ ;14 En ill / vi • cs f... r ' ts ... , , . ... r ' Zi A. 0 tk ie.,, .......-- 4 4,51,4k 01. I...4 • . .6": R , ... 4 0,01$, ....1 / 0 >. _ ..r 1.10 , , . , ••4 , ,,i , r '44, - ' " - E-- , •• 4r. ,.. ''' , 44 '',..",dp '1, 010)..tole* 0 vra + jgd 4 A i bk Z "" P---•'''' -ro' --- --- — 0 ''' --- ---- V4 _ --- ---- Va 4 --- ml 1- - s , — - / Z/ _......_ • ______ RECEPTION#: 583183, 09/30/2011 at , - 10:48:26 AM, . i • • , 1 OF 2, R $0.00 Doc Code AGREEMENT ! oc j...j. Janice K. Vos Caudill, Pitkin County, CO CONTRACT#/65:27// . . . , • . .. , . . . • • , • . , . • cY' . - . . . , nts AGREEMENT . is • this day 20 and n Hot/ C.ross Energy, a C.olorado 10--. bY Inawile I • • • - corn:traction, .0nre • - cafled Cress") and Pitkin Courity limed crf County Commissioners, (hereinafter • . , . WHEREAS, Holy • owns, operates and maintains electric transmission lines, (hereby tailed 71,Cillty"), located i • on a right-of-way • - .- 4 t situated in theli1/2 of Section 16, Township, South, Range SS Win of the V' P.M., Pitkin County:State . Colorado, orf a Siteiletpwn as 8a04Conaftructiokinc., u shown on Exhibit A`, and a parcel of land situate in the 11/2 Of Sacdon 16, •Unreal* 9 South, Range 0 Wrest of file 6' P.M., Pltkin County, State of Colorado,.on a site • SS Woody Creek DeWalopinent Property, u Shown on Exhibit 11. These said easements are 100 feat in-width measuring SO feet on each -side of the center line; and WHEREAS, Pitkin • desiresio add more trail on the-above mentioned land in conjunction with the existing Rio Grande Railroad , k• ht-of-Way,WhiCh "Al encroach onto these mendoned Holy GOSS easements. Enatadtments are nt - ted on Exhibits A and B. • • , . . . NOW, 714EREFORE, In consideration of the foregoing and for other good and valuable consideration, the receipt and suffidency of. Is heneby Wools/lodged, the: parties agree as follows: • , 1. Pftkin County - • proposed trail additions that ancroadt onto the Holy Cross easements described above. Pitkln 4 . will design the proposed trail additions at its expense and will dearly show any - . changes • • • • in the grade of the ground surface within said eaternenti. Holy Cron wil review the • • design and . in:trowel 11, In the seltelticretion of Holy Cis, such trail add*0ofis are acceptable. Holy Cross shall • the sole discretion to determine whether any thatreas te the existing Facility are needed to - — • • • the proposed trail additions. paw changes to the existingladlity needed to • accommodate 'proposed new trail will be tithe sole expense of Pitkin County. The trill will be • • • constructed in •-•• • - with plans approved by Hoiy Cross and at the sole expanse of Pitkin County. No changes or • • • •• s will be made to the trail after inftlal construction without additional approval from • . Holy Cross. 1 . . • 2. • Holy Cross int . s to use the easements for the constnacdon, operation,maintenarice, repak, re.placement • and relocation , the Fealty and the tights herein granted to ' C.ounty kir douse of said easements • _are Subject to • • rights of Holy Cross to use Said easentents for such purposte, wilds lights Holy Cross hereby expre resecNis. Pitkin Ctsurdyigrees, at its sole expense, to relocate its faciaties constructed hereunder at - * sOle discretion and ntquelt.of, Holy Cross, should future use of the easements by Holy C.ross require • - relocation. 1 . • . . . . . , • 3. All equipment • vehicular traffic entering, uslig or crossing Holy Cross's right-of-way shall be less than fourteen (14) et in height above gmund and ih In County shall maintain dearance.of ten (10) feet from • • • any conductor required by the Colorado Mtge Voltage Power Une Safety Act, 940-9.5-101, ataeg., • C.R.S. I I • • 4. Pitkin County ., - sand understands •that the fadlity condtictors extend beyond the centerline of the . • Facility. Midst • *, Also agrees hid undertinds lt has been ft* advised by Hely CrosS that the Facility • may now trans ' And may Continue to transmit electric current at significant voltages, and that the • • • • conductors of • Fadlity are not insulated. Pltkin County Shall advise 0 of Its employees, agents, • contractors • other persons; including the public, who enter upon said easements of the existence and • nature of such adiity and the pOtential denger and risk invoived. - . - I 5. • Pftkln County • and more:cents that It tin investigated and constch:ed with legal counsel about, and - made Itseff re of all laws, tiles and governdientai regulations, fricluding, but not limited to the National • Electric Safety • • • • and the Occupation Safety end Health Accdte law's and regulations of the State a ' Colorado and 4 Applicable *county and therefOre agrees: (a) that it will comply with aft applicable laws, Mtn and Mg ' Tkami and (b) that it will, prior io commencement of any activity on the site, obtain all • *necessary pe • L , licenses, easements, agreements and other legal or private approvals necessary for the activity at the e. • . • • . 6. Pftkin County • 1 supply a Proof of Insurance Certificate showing coverage in the following minimum amount: (a) • rs' Compensation InsuranCe covering all employees in statutory llmks who perform any of the • • • • . • s assumed by Pitkin County n construction and maintenance of the trail, OD) Public • • liability and • • • rty damage Nability inturance covering all construction and maintenance activities on the • . troll with a • • m 51,000,000 counbined sink limit for public ilability,'property. damage, bodily injury • or death, and ( 4 Automobile liabliky instirance on all self-propelled vehicles used In connection with the • construction • maintenance acdvities on the trail, whether owned, non-owned, or hired, with a minimum • 51,000,000 co bind single limit for public llability, property darnage, bodily injury or death. 7. Grantor's lrnm nity and Grantee's obligation tri Insure. The parties expressly acknowledge that the Trail • , Easement H • - . for a 'recitation.' pur under C.RS. Section 33-41-101, disa., and that Grantor • Is entitled to benefits, protections and bmttdons on Kability afforded by Colorado law governing recreational rnents, including without NnsitatIon said Section 33-41-101, aim ity granting the Trail • Easement, • stall have no obligation to repair, dear or otherwise maintain the area within the Trail Easement or • Insure or indemnify Grantee or the public for any Injury claim or damage to any person or • property, • alleged to have occurred as a result of use of the Trail Easement for public non- motorized , I or (Auntie, or.due to.the condition of the Public Trall Anta. . . , . _ - • " • • . . . . -. • . . . . • , .. • . • . • ‘ ( -g - - . • . • • . _ • , 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, alleged to arise from, or related to any injury allegedly or actually occurring, knposed 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 County or any other person's or entity's presence at the premises as a result of or related to this agreement. Pitkkt County's duty to protect, indemnify, hold harmless and defend hereunder shall apply to any and all claims and injury, including, but not limited to: (a) Claims asserted by any person or entity, indluding, but not limited to, third parties, employees 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 etectridty or electromagnetic fields at or near the trail; or (c) Claims asserted by Pitkin County, its sub lessees, or agents. FURTHER, Pitkin County shall contact Holy Cross dispatch at 970 - 945-5491 at least 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 shah be followed by Pltldn County, its agents and employees. Any damage to the 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 je EN Y, a C ado corporation PITKIN C,•UNTY BOARD OF COUNTY COMMISSIONERS I t t By: ! AA B L. R • d D. Brinkley, Gen ra Manag of Chair n El ctdc Operations and ngineerin STATE e F COLORADO ) )ss. COUNTY •F GARFIELD ) The foregoing instrument as acknowle • • ed before ne this day of , 20 , by Del Worley, Chief Executive Officer o Holy Cross Energy, a Colorado corporation. Witness my hand and official se I My commission expires: Notary Public Address STATE OF COLORADO ) ) ss. COUNTY OF GARFIEW ) The oregoing instr ent as acknowledged before me this 3 day of c jet.K 20 /t , by 'f1,1 -, ✓' 440: .. as (Vice) Chairman of Pitkin County Board of County Commissioners. Witness my hand and official seal t7 /) My commission expires: ec i � 'i��� Nory Pub c I fir' 'k t ( • 0)04Y 4 lr i+ 2 = ir _ Address C'E" at IL C 4 �/ Lp, �0 • • > �dt�'(klilAA ►e5 titlt • Service Location 75.16 Y\GolIAAgreement Pitkin County 9"° S. 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, alleged 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 County or any other person's or entity's presence at the • premises as a result of or related to this agreement. Pitkin County's duty to protect, indemnify, hold harmless and defend hereunder shall apply to any and aII •claims and injury, including, but not limited to: (a) Claims asserted by any person or entity, including, but not limited to, third parties, employees 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 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 contact Holy Cross dispatch at 970 - 945 -5491 at least 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 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 ado corporation PITKIN COUNTY BOARD OF COU TY COMMISSIONERS SIF By: ! ►r . I By: �L� . u_, &) .4 . . Ri and D. Brinkley, Gen ral Manag • of V Chair n El • ctric Operations and ngineerin STATE F COLORADO ) ) COUNTY • F GARFIELD ) .. The foregoing instrument as acknowted' ed before tile this 2' .. lnn__ ay of a ... t,d , 20 10 by Bel- Werleyp—C -+ ative- effieero Holy Cross Energy, a Colorado corporation. 1) Richard D. Brinkley, Gener.1 Managet of Electric Operations and Engineering Witness my hand and nffirial co 1 9 1 a m E 211_,________:. CONSTRUCTION, INC. ul7 L� 556 Struthers Avenue Grand Junction, Colorado 81501 -3826 (970) 242 -5370 FAX (970) 245 -7716 Letter of Transmittal To: Gary Tennenbaum Project: Trail Easement Pitkin County Open Space and Trails Elam Property Land Steward 530 E. Main St. Aspen, CO 81611 Transmitted: 0 Attached ❑ Under Separate Cover • For Approval 111 Copy of Letter ❑ For Correction & Resubmission 0 Prints Q Approved ❑ Change Order ❑ Approved as Noted 0 Plans ❑ For Your Records ❑ Specification O IN Original Document Copies Date Description 1 5 -20 -10 Trail Easement Remarks: The entered into date on the first page is left blank. I assumed you would use the date that the Commissioner executes the document. i B AO - jtri, Date 5 O - l0 / 9--.