HomeMy WebLinkAboutbocc.ord.008.2011 'ONTRACT #e il
C444. Lai
ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
ACCEPTING A PARKING AND TRAIL EASEMENT FROM RICHARD D. SPIZZIRRI
ORDINANCE NO. ea -2011
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 and Trails constructed and manages the East of Aspen
Trail which currently extends from Stillwater Drive to Wildwood Drive along State Highway 82,
and
3. A portion of this trail and a parking area associated with the trail by North Star Preserve lies
within property owned by Richard D. Spizzirri in compliance with a revocable license, and
4. Board of County Commissioner Resolution 142 -2008 granted Mr. Spizzirri a constrained lot
TDR conditioned on the conveyance of a permanent trail and parking area easement, and
5. Mr. Spizzirri is prepared to convey a Trail and Parking Easement to Pitkin County, pursuant
to Resolution 142 -2008, and
6. The Pitkin County Open Space and Trails Board recommends the acceptance of the Trail
and Parking Easement, to be designated as an Open Space and Trails asset.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Pitkin
County, Colorado that:
1. The Board approves the conveyance of a perpetual Trail and Parking Easement from
Richard D. Spizzirri for the use and benefit of the general public, as the East of Aspen Trail and
associated parking area are currently located on Mr. Spizzirri's property, attached as Exhibit A.
Use of the trail portion of the easement shall be exclusively non - motorized except for equipment
as may be needed for trail maintenance or emergency response.
2. The Board accepts the Trail and Parking Easement from Mr. Spizzirri in an "as is"
condition. 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.
INTRODUCED, FIRST READ, AND APPROVED ON THE 22nd DAY OF JUNE 2011.
RECEPTION #: 583731, 10/20/2011 at
Spizzirri Trail and Parking Easement 03:42:19 PM,
Ordinance -2011 1 OF 13, R $0.00 Doc Code ORDINANCE
Janice K. Vos Caudill, Pitkin County, CO
NOTICE OF PUBIC HEART G PUBLISHED IN THE ASPEN TIMES
WEEKLY ON THE DAY OF q�)U� 2011.
APPROVED UPON SECOND READING AND PUBLIC HEARING ON THE 13th
DAY OF JULY 2011.
PUBLISHED AFTER, ADOPTION IN THE WEEKEND EDITION OF THE
ASPEN TIMES ON THE 3J DAY OF d u r, , , 2011.
• EST: BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO cl, . 1111 %16 6
.1 I, .. , 1 I .4%.(
M.
Jea • tte Jones ' Ra el E. Richards
Dep ty Clerk Chairwoman
Date: / /? ` 9,0/7
APPROVED AS TO FORM:
-
John Ely 1 1 ' eac:
County . irney County Manager
' & ii Ir ° 416.1 Of
Dale Will,'rector
Open Space and Trails Program
Spizzirri Trail and Parking Easement
Ordinance -2011
TRAIL AND PARKING EASEMENT
(County as Grantee)
£HIS GRANT OF TRAIL AND PARKING EASEMENT is made and entered into
this �O _ day of du 2011, by and between Richard D. Spizzirri (hereinafter referred to as
"Grantor "), and th Board of County Commissioners of Pitkin County, Colorado (hereinafter
referred to as "Grantee ").
WITNESSETH:
WHEREAS, Grantor is the owner of certain real property located in Pitkin County,
Colorado, as more fully described as follows:
That part of Government Lot 14 in Section 20, Township 10 South,
Ranch 84 West of the 6 P.M., County of Pitkin, State of
Colorado, located south and west of that portion of said
Government Lot 14 previously conveyed to the Colorado
Department of Highways under Deed recorded in Book 174 at
Page 477 under Reception No.104258 in the Pitkin County,
Colorado real property records, hereinafter described as the
"Burdened Property."
The portion of the Burdened Property that is burdened by the Trail and Parking Easement, is
shown on the Location Map attached hereto as Exhibit "A ".
WHEREAS, Grantor is desirous of granting to Grantee a non - exclusive perpetual public
Trail and Parking Easement and right -of -ways located over and across certain portions of the
Burdened Property under the terms and conditions hereinafter specified; and
WHEREAS, Grantee is desirous of accepting said Trail and Parking Easement.
= NOW, _ THEREFORE, for and in consideration o f the sum of Ten Dollars ($10.00) and _
other good and valuable consideration, the receipt and suff of which is hereby
acknowledged, Grantor hereby grants and conveys to Grantee, its successor and assigns, for the
benefit of the general public, a non - exclusive perpetual trail easement in the current location of
the trail as shown on Exhibit "A" attached hereto and by this reference incorporated herein (the
"Trail Easement ") and a non - exclusive perpetual parking easement in the current location of the
gravel parking area as also shown on Exhibit "A" ( "Parking Easement ").
THE ABOVE GRANTED TRAIL AND PARKING EASEMENT is subject to the
following terms, agreements and reservations:
1. Trail Easement Permitted Uses. The Trail Easement shall be for the
installation, construction, operation, use, inspection, repair and maintenance of a non- exclusive
• gravel public trail suitable for bicyclists, pedestrians, cross country skiers, snowshoers, and for
other similar recreational purposes, over and across the Burdened Property in the location shown
on Exhibit "A" attached hereto. To this end, this grant and conveyance includes a grant of
Spizzirri Trail and Parking Easement 1
rights and privileges necessary or incident to the reasonable, proper and safe use of the Trail
Easement. Notwithstanding the foregoing, Grantee is expressly prohibited from installing or
maintaining any other improvements other than a gravel trail and shall not pave the trail. In this
regard, and by way of illustration and without limitation, the following are expressly prohibited
from being installed or maintained within any portion of the Trail Easement unless Grantee first
receives the express written consent of Grantor: fences, signs, trash receptacles, recycle
receptacles, benches, tables, sporting equipment, recreational fields, courts, pitches, monuments
and sculptures.
2. Parking Easement Permitted Uses. The Parking Easement shall be for the
installation, construction, operation, use, inspection, repair and maintenance of a gravel parking
lot suitable for use by authorized users of the Trail Easement, including cross country skiers,
snowshoers, bicyclists, pedestrians, and other persons engaged in similar non - motorized
recreational activities over and across Grantor's property. To this end, the grant and conveyance
includes a grant of rights and privileges necessary or incident to the reasonable and proper use as
described above of the easement in and to, upon, over, under and across Grantor's property,
including but not limited to vehicular access from Highway 82 to the parking lot and non-
motorized access from the parking lot over and across the Parking Easement toward the direction
of the Trail Easement. Notwithstanding the foregoing, Grantee is expressly prohibited from
installing or maintaining any other improvements other than a gravel parking lot in its current
location and shall not pave the parking lot. In this regard, and by way of illustration and without
limitation, the following are expressly prohibited from being installed or maintained within any
portion of the Parking Easement unless Grantee first receives the express written consent of
Grantor: fences, signs, trash receptacles, recycle receptacles, benches, tables, sporting
equipment, recreational fields, courts, pitches, monuments and sculptures.
3. Other Easement Restrictions. Notwithstanding routine maintenance for use and
appearance of the Trail and Parking Easement, no additional improvements, nor any additional
landscaping shall be placed over or across the Trail and Parking Easement, nor change the
contour or grade or, or add or remove dirt from the Easement without, in each case, first
obtaining Grantor's prior written consent, which consent will not be unreasonably withheld.
_. Other_Easements.Not in Conflict. The rights and privileges granted by these..
Easements are subject to dedicated road and utility easements shown on the Plat map for the
Burdened Property as well as other prior agreements, easements, and conveyances recorded, or
unrecorded.
5. Duty of Care. Grantee shall at all times exercise reasonable care in the operation,
maintenance, and care of the Improvements within the Trail and Parking Easement, including,
without limitation, the trail and parking lot and Grantee agrees to avoid damage to the
surrounding land and improvements thereto, and further agrees to restore such land and
improvements to their condition immediately prior to any construction, improvements or repairs
to the Trail and Parking Easement.
6. 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
Spizzirri Trail and Parking Easement 2
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.Grantee
further agrees to add Grantor (and its successors and assigns in the ownership of the underlying
real property traversed by the Trail Easement, or any part thereof) as additional named insureds
on its comprehensive general liability insurance policy, which insurance shall be maintained by
the Grantee to provide protection against liability from claims arising out of the use of the Trail
Easement. Such insurance shall be carried in amounts not less than the liability limits specified
in C.R.S. Section 24 -10- 114(1), as it may be amended from time to time, and shall provide
Grantor and its successors and assigns with thirty (30) days advance written notice prior to
cancellation or termination. Grantee shall, upon written request therefore from Grantor or any
successor or assign, provide a Certificate of Insurance as verification of compliance with these
requirements.
7. Abandonment. For the purpose of this Easement, abandonment shall be defined
as the discontinuance of public use and discontinuance of management for public use by the
Grantee for a period of ten years, or as set forth through written notice from the Grantee. In the
event that the Grantee shall abandon the rights granted to it under the Trail or Parking Easement,
all right, title and interest hereunder of the Grantee in and to the Easement shall cease and
terminate, and Grantor shall hold the Burdened Property, as the same may then be, free from the
rights of the Grantee so abandoned and shall own all of the improvements located on such
Burdened Property.
8. No Liens. The Grantee shall pay or cause to be paid all costs for work done by or
on behalf of the Grantee or any of its agents, employees, designees, contractors, or assigns, .
occupying any portion of the Burdened Property. The Grantee will keep the Burdened Property
free and clear of all mechanic's liens and other liens on account of work done or performed by or
on behalf of the Grantee. The Grantee hereby agrees to indemnify, defend and save Grantor
harmless from all claims or liens for work performed by or on behalf of the Grantee or materials
or supplies used by or for the Grantee upon the Burdened Property. Should any liens be filed or
recorded = against the -Burdened- Property or -any action title thereto be - co — n nnencd`as a
result of work by the Grantee on the Burdened Property, the Grantee shall cause such liens to be
removed of record within ten days hereafter. If the Grantee desires to contest any such claim of
lien, the Grantee shall furnish to the Grantor adequate security of at least the amount of such
claim pending release of such lien. If a final judgment establishing the validity or existence of
any lien for any amount is entered, the Grantee shall immediately pay and satisfy the claim.
9. Remedies of Grantor. In the event the Grantee breaches or otherwise fails to
•
perform its obligations under this Easement, and fails to cure said breach within thirty (30) days
after notification to it by Grantor, then Grantor at its option may seek damages and appropriate
injunctive relief as a result of the Grantee's breach.
10. Notices. Any notice or communication between Grantor and the Grantee which
may be required, or which may be given, under the terms of this Grant shall be in writing, and
shall be deemed to have sufficiently been given when directly presented or sent pre -paid, first
class United States Mail, to Grantor and Grantee at the following addresses, unless a party has
Spizzirri Trail and Parking Easement 3
been notified by the other of a change of address:
To Grantor: Richard D. Spizzirri
160 East 71 Street
New York, New York 10021
With a copy to:
Christopher J. Heaphey, Esq.
Holland & Hart LLP
600 East Main Street, Suite 104
Aspen, Colorado 81611
To Grantees: Pitkin County Open Space and Trails
530 East Main Street
Aspen, Colorado 81611
11. Entire Agreement; Modifications. The Trail and Parking Easement constitutes
the entire agreement between the parties relating to the subject matter hereof and may not be
modified or amended except by written instrument executed by the Grantee and the then owner
of the Burdened Property, or the respective portion thereof affected by such instrument.
12. Captions for Convenience. All headings and captions used herein are for
convenience only and are of no meaning in the interpretation or effect of this Easement.
13. Binding Effect. The Trail and Parking Easement shall extend to and be binding
upon the successors and assigns of the Grantor and the Grantee.
14. Maintenance of Trail and Parking Easement Improvements. Grantee shall
provide regular maintenance and upkeep of the improvements on the Trail and Parking Easement
at its sole cost and expense and shall keep the same in good and safe condition at all times.
Grantee shall also perform all snow plowing and snow removal within the Parking Easement as
part of Grantee's ordm .
p ary wintertime public and snow removal activities.
15. Default; Attorneys Fees. In the event litigation is brought to enforce any term,
agreement, provision or covenant hereunder, the substantially prevailing party shall be entitled to
an award of its reasonable attorneys' fees and costs.
[Intentionally left blank - signature page to follow]
Spizzirri Trail and Parking Easement 4
IN WITNESS WHEREOF, the parties hereto have executed the foregoing on the day
and year above first given.
GRANTOR:
RICHARD D. SPIZZIRRI
GRANTEE:
PITKIN COUNTY, COLORADO BOARD OF COUNTY COMMISSIONERS
By: 2 } 7Lz
Its: V
Spizzirri Trail and Parking Easement 5
STATE OF Q�, 6 )
ss.
COUNTY OF i - )
The foregoing instrument was acknowledged before me this 3 day of 9--e ,
2011, by Richard D. Spizzirri.
Witness my hand and official seal.
My commission expires:
ANTHONY S. ARSUCCI
Notary Public, Stale of New York
No. 31- 5096700
Qualified in New York County ` rr i / /
Commission Expires Oct. 31, 2Oj. -
Notary ' u
Citglitii NA.
Address 'Mork; NY 10021
STATE OF COLORADO )
) ss. 2 -
COUNTY OF PITKIN )
The foregoing instrument was acknowled. - sefore me this day of
2011 by as on behalf of Pitkin County,
Colorado Board of County Commissi. - rs.
Witness my hand and official seal.
My commission expi'res:
i
Notary Public
Address
Spizzirri Trail and Parking Easement 6
GRANTOR:
RICHARD D. SPIZZIRRI
Se pus,
GRANTEE:
PITKIN COUNTY, COLORADO BO OF COUNTY COMMISSIONERS
B y : I mo . R6,
Its:
Spizzirri Trail and Parking Easement
STATE OF ) 5e <
ss.
COUNTY OF )
The foregoing instrument was owledged before me this day of
, 20011, by RicharS1�. Spizzirri.
Witness my hand and�ficcial seal.
My commission expires:
'Notary Public
Address
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
The foregoing instrum9pt was acknowledged before me this °4 I' day of
di , 20011 by I l4CbtEL C. - let Ct* €DS as C Uttar alrat) on
behalf of Pitkin County, Colorado Board of County Commissioners.
Witness my hand and official seal.
My commission expires: 7—
N ublic
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530 /14/4iv.r —tl6 /tscgo //O //
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•
Spizzirri Trail and Parking Easement
LIST OF EXHIBITS
EXHIBIT "A"
Location Map Showing Burdened Property
(Includes portion of the plat map for Stage Road PUD /Subdivision, showing the area surrounding
the existing trail and gravel parking lot that comprise the Trail & Parking Easement.)
4452595_1.DOC
•
Spizzirri Trail and Parking Easement
' EXHIBIT MAP OF:
TRAIL & PARKING EASEMENT
A TRACT OF LAND SITUATED IN LOT 14, SECTION 20, TOWNSHIP 10 SOUTH, RANGE $4 WEST OF THE 6TH P.M.,
COUNTY OF PITKIN, STATE OF COLORADO.
SHEET 1 O 2
CURVE TABLE
CURVE LENGTH RADIUS TANGENT CHORD BEARING DELTA
CE3 160.00' 447.50' 80.87' 159.15' S 1712'07" E 202910"
LINE TABLE FOUND BLM BRASS CAP SPM
LINE BEARING LENGTH . / BEARS N 8813'38" E, 117.46'
L2 S 06'57'26" E 17.76' FROM THE NW COR LOT 14
i r Y 5 89'48'45" E E . 307.60'
•
FOUND BLM BRASS CAP
LOT 12/14/1'3
FOUND BLM BRASS CAP SPM
BEARS N 14'05'4.r W, 7.83'
FOUND BLM BRASS CAP
LOT 14 S20
0
0)
o
0
0
GRAPHIC SCALE REC. NO. 559081
100 0 50 100 ,
( IN FEET)
1 inch =100 ft
70' RIGHT—OF—WAY
(C.D.0.T. PROJ. NO. C -57- 0082 -09) o
0
tn
i I
1 1 \ 1 L SET 3" ALUMINUM CAP LOT 14/32 /33/21
• % + L.S. 28643
SCALE 1" a 100' 1 \ `,�
0
1 t
� ,' a
HWY 82
\ ■ (PAVED SURFACE)
GRAVEL PARKING � 1 \
FOR NORIHSTAR ' .
TRAIL & PARKING EASEMENT � . J \
(HATCHED AREA) I,' "s • ) ASPHALT PATH
FOUND 8LM BRASS CAP Il
`` \
E1/16S20
SOUTHWEST CORNER LOT 14 ' yz +`' 1
POINT OF BEGINNING o^ �, +� i
4, ,
\ ,
SOPRIS ENGINEERING - LLC t ' 4 ' � I 1
CIVIICONSULTANTS • r ' 1 837'04" W 395.00' BASIS OF BEARING
502 MAIN STREET, SUITE A3
CARBONDALE, COLORADO 51623
( 970) 704-0311 SOPRISENG @SOPRISENG.COM 26149 02a31 26149.01/0
Spizzirri Trail and Parking Easement to
EXHIBIT MAP OF:
TRAIL & PARKING EASEMENT
A TRACT OF LAND SITUATED IN LOT 14, SECTION 20, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6TH P.M.,
COUNTY OF PITKIN, STATE OF COLORADO.
SHEET 1 OF 2
A TRAIL AND PARKING EASEMENT LOCATED WITHIN THAT PROPERTY DESCRIBED IN THE
DOCUMENT RECORDED AS RECEPTION NUMBER 559081 OF THE PITKIN COUNTY RECORDS,
ALSO WITHIN GOVERNMENT LOT 14, SECTION 20, TOWNSHIP 10 SOUTH, RANGE 84 WEST
OF THE 6TH P.M., COUNTY OF PITKIN. SAID EASEMENT BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 14; THENCE N 05 °07'54 "E ALONG
THE WEST BOUNDARY OF SAID LOT 14, A DISTANCE OF 170.78 FEET TO A POINT ON THE
WESTERLY RIGHT -OF -WAY OF HIGHWAY 82 DESCRIBED AS COLORADO DEPARTMENT OF
HIGHWAYS PROJECT NO. C- 57-0082 -09; THENCE LEAVING SAID LOT 14 BOUNDARY AND
ALONG SAID WESTERLY RIGHT -OF -WAY, 160 FEET ALONG THE ARC OF A CURVE TO THE
RIGHT HAVING A RADIUS OF 44730 FEET AND A CENTRAL ANGLE OF 20°29'10" (CHORD
BEARS S 17'12'01 "E ,159.15 FEET); THENCE CONTINUING ALONG SAID WESTERLY
RIGHT -OF -WAY 5 06 °57'26 "E , A DISTANCE OF 17.76 FEET TO A POINT ON THE SOUTHERLY
BOUNDARY OF SAID LOT 14; THENCE LEAVING SAID RIGHT -OF -WAY AND ALONG SAID
SOUTHERLY BOUNDARY S 89'37'04 "W , A DISTANCE OF 64.49 FEET TO THE POINT OF
BEGINNING.
CONTAINING 6,491 SQUARE FEET OR 0.149 ACRES, MORE OR LESS.
SOPRIS ENGINEERING - LLC
CIVIL CONSULTANTS
502 MAIN STREET, SUITE A3
CARBONDALE, COLORADO 81623
0701104-0311 SOPRISENGUbSOPR1SENG.CDM 26149 02/23/11 26149.DWG
5167673_2.DOC
Spizzirri Trail and Parking Easement
TRAIL AND PARKING EASEMENT
(County as Grantee)
JHIS GRANT OF TRAIL AND PARKING EASEMENT is made and entered into
this D day of _y2011, by and between Richard D. Spizzirri (hereinafter referred to as
"Grantor "), and th Board of County Commissioners of Pitkin County, Colorado (hereinafter
referred to as "Grantee ").
WITNESSETH:
WHEREAS, Grantor is the owner of certain real property located in Pitkin County,
Colorado, as more fully described as follows:
That part of Government Lot 14 in Section 20, Township 10 South,
Ranch 84 West of the 6 P.M., County of Pitkin, State of
Colorado, located south and west of that portion of said
Government Lot 14 previously conveyed to the Colorado
Department of Highways under Deed recorded in Book 174 at
Page 477 under Reception No.104258 in the Pitkin County,
Colorado real property records, hereinafter described as the
"Burdened Property."
The portion of the Burdened Property that is burdened by the Trail and Parking Easement, is
shown on the Location Map attached hereto as Exhibit "A ".
WHEREAS, Grantor is desirous of granting to Grantee a non - exclusive perpetual public
Trail and Parking Easement and right -of -ways located over and across certain portions of the
Burdened Property under the terms and conditions hereinafter specified; and
WHEREAS, Grantee is desirous of accepting said Trail and Parking Easement.
NOW, THEREFORE, for and in consideration of the sum of Ten Dollars ($10.00) and
other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, Grantor hereby grants and conveys to Grantee, its successor and assigns, for the
benefit of the general public, a non - exclusive perpetual trail easement in the current location of
the trail as shown on Exhibit "A" attached hereto and by this reference incorporated herein (the
"Trail Easement ") and a non - exclusive perpetual parking easement in the current location of the
gravel parking area as also shown on Exhibit "A" ( "Parking Easement ").
THE ABOVE GRANTED TRAIL AND PARKING EASEMENT is subject to the
following terms, agreements and reservations:
1. Trail Easement Permitted Uses. The Trail Easement shall be for the
installation, construction, operation, use, inspection, repair and maintenance of a non - exclusive
gravel public trail suitable for bicyclists, pedestrians, cross country skiers, snowshoers, and for
other similar recreational purposes, over and across the Burdened Property in the location shown
on Exhibit "A" attached hereto. To this end, this grant and conveyance includes a grant of
RECEPTION #: 583732, 10/20/2011 at
03:42:20 PM,
Spizzirri Trail and Parking Easement 1 1 OF 11, R $0.00 Doc Code EASEMENT
Janice K. Vos Caudill, Pitkin County, CO
rights and privileges necessary or incident to the reasonable, proper and safe use of the Trail
Easement. Notwithstanding the foregoing, Grantee is expressly prohibited from installing or
maintaining any other improvements other than a gravel trail and shall not pave the trail. In this
regard, and by way of illustration and without limitation, the following are expressly prohibited
from being installed or maintained within any portion of the Trail Easement unless Grantee first
receives the express written consent of Grantor: fences, signs, trash receptacles, recycle
receptacles, benches, tables, sporting equipment, recreational fields, courts, pitches, monuments
and sculptures.
2. Parking Easement Permitted Uses. The Parking Easement shall be for the
installation, construction, operation, use, inspection, repair and maintenance of a gravel parking
lot suitable for use by authorized users of the Trail Easement, including cross country skiers,
snowshoers, bicyclists, pedestrians, and other persons engaged in similar non - motorized
recreational activities over and across Grantor's property. To this end, the grant and conveyance
includes a grant of rights and privileges necessary or incident to the reasonable and proper use as
described above of the easement in and to, upon, over, under and across Grantor's property,
including but not limited to vehicular access from Highway 82 to the parking lot and non-
motorized access from the parking lot over and across the Parking Easement toward the direction
of the Trail Easement. Notwithstanding the foregoing, Grantee is expressly prohibited from
installing or maintaining any other improvements other than a gravel parking lot in its current
location and shall not pave the parking lot. In this regard, and by way of illustration and without
limitation, the following are expressly prohibited from being installed or maintained within any
portion of the Parking Easement unless Grantee first receives the express written consent of
Grantor: fences, signs, trash receptacles, recycle receptacles, benches, tables, sporting
equipment, recreational fields, courts, pitches, monuments and sculptures.
3. Other Easement Restrictions. Notwithstanding routine maintenance for use and
appearance of the Trail and Parking Easement, no additional improvements, nor any additional
landscaping shall be placed over or across the Trail and Parking Easement, nor change the
contour or grade or, or add or remove dirt from the Easement without, in each case, first
obtaining Grantor's prior written consent, which consent will not be unreasonably withheld.
4. Other Easements Not in Conflict. The rights and privileges granted by these
Easements are subject to dedicated road and utility easements shown on the Plat map for the
Burdened Property as well as other prior agreements, easements, and conveyances recorded, or
unrecorded.
5. Duty of Care. Grantee shall at all times exercise reasonable care in the operation,
maintenance, and care of the Improvements within the Trail and Parking Easement, including,
without limitation, the trail and parking lot and Grantee agrees to avoid damage to the
surrounding land and improvements thereto, and further agrees to restore such land and
improvements to their condition immediately prior to any construction, improvements or repairs
to the Trail and Parking Easement.
6. 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
Spizzirri Trail and Parking Easement 2
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.Grantee
further agrees to add Grantor (and its successors and assigns in the ownership of the underlying
real property traversed by the Trail Easement, or any part thereof) as additional named insureds
on its comprehensive general liability insurance policy, which insurance shall be maintained by
the Grantee to provide protection against liability from claims arising out of the use of the Trail
Easement. Such insurance shall be carried in amounts not less than the liability limits specified
in C.R.S. Section 24- 10- 114(1), as it may be amended from time to time, and shall provide
Grantor and its successors and assigns with thirty (30) days advance written notice prior to
cancellation or termination. Grantee shall, upon written request therefore from Grantor or any
successor or assign, provide a Certificate of Insurance as verification of compliance with these
requirements.
7. Abandonment. For the purpose of this Easement, abandonment shall be defined
as the discontinuance of public use and discontinuance of management for public use by the
Grantee for a period of ten years, or as set forth through written notice from the Grantee. In the
event that the Grantee shall abandon the rights granted to it under the Trail or Parking Easement,
all right, title and interest hereunder of the Grantee in and to the Easement shall cease and
terminate, and Grantor shall hold the Burdened Property, as the same may then be, free from the
rights of the Grantee so abandoned and shall own all of the improvements located on such
Burdened Property.
8. No Liens. The Grantee shall pay or cause to be paid all costs for work done by or
on behalf of the Grantee or any of its agents, employees, designees, contractors, or assigns,
occupying any portion of the Burdened Property. The Grantee will keep the Burdened Property
free and clear of all mechanic's liens and other liens on account of work done or performed by or
on behalf of the Grantee. The Grantee hereby agrees to indemnify, defend and save Grantor
harmless from all claims or liens for work performed by or on behalf of the Grantee or materials
or supplies used by or for the Grantee upon the Burdened Property. Should any liens be filed or
recorded against the Burdened Property or any action affecting title thereto be commenced as a
result of work by the Grantee on the Burdened Property, the Grantee shall cause such liens to be
removed of record within ten days hereafter. If the Grantee desires to contest any such claim of
lien, the Grantee shall furnish to the Grantor adequate security of at least the amount of such
claim pending release of such lien. If a final judgment establishing the validity or existence of
any lien for any amount is entered, the Grantee shall immediately pay and satisfy the claim.
9. Remedies of Grantor. In the event the Grantee breaches or otherwise fails to
perform its obligations under this Easement, and fails to cure said breach within thirty (30) days
after notification to it by Grantor, then Grantor at its option may seek damages and appropriate
injunctive relief as a result of the Grantee's breach.
10. Notices. Any notice or communication between Grantor and the Grantee which
may be required, or which may be given, under the terms of this Grant shall be in writing, and
shall be deemed to have sufficiently been given when directly presented or sent pre -paid, first
class United States Mail, to Grantor and Grantee at the following addresses, unless a party has
Spizzirri Trail and Parking Easement 3
been notified by the other of a change of address:
To Grantor: Richard D. Spizzirri
160 East 71 Street
New York, New York 10021
With a copy to:
Christopher J. Heaphey, Esq.
Holland & Hart LLP
600 East Main Street, Suite 104
Aspen, Colorado 81611
To Grantees: Pitkin County Open Space and Trails
530 East Main Street
Aspen, Colorado 81611
11. Entire Agreement; Modifications. The Trail and Parking Easement constitutes
the entire agreement between the parties relating to the subject matter hereof and may not be
modified or amended except by written instrument executed by the Grantee and the then owner
of the Burdened Property, or the respective portion thereof affected by such instrument.
12. Captions for Convenience. All headings and captions used herein are for
convenience only and are of no meaning in the interpretation or effect of this Easement.
13. Binding Effect. The Trail and Parking Easement shall extend to and be binding
upon the successors and assigns of the Grantor and the Grantee.
14. Maintenance of Trail and Parking Easement Improvements. Grantee shall
provide regular maintenance and upkeep of the improvements on the Trail and Parking Easement
at its sole cost and expense and shall keep the same in good and safe condition at all times.
Grantee shall also perform all snow plowing and snow removal within the Parking Easement as
part of Grantee's ordinary wintertime public snowplowing and snow removal activities.
15. Default; Attorneys Fees. In the event litigation is brought to enforce any term,
agreement, provision or covenant hereunder, the substantially prevailing party shall be entitled to
an award of its reasonable attorneys' fees and costs.
[Intentionally left blank - signature page to follow]
Spizzirri Trail and Parking Easement 4
IN WITNESS WHEREOF, the parties hereto have executed the foregoing on the day
and year above first given.
GRANTOR:
RICHARD D. SPIZZIRRI
CP/
GRANTEE:
PITKIN COUNTY, COLORADO BOARD OF COUNTY COMMISSIONERS
By: `e � e 7
Its:
Spizzirri Trail and Parking Easement 5
STATE OF Qw b )
ss.
COUNTY OF - )
o
The foregoing instrument was acknowledged before me this 5 day of S
2011, by Richard D. Spizzirri.
Witness my hand and official seal. _\
My commission expires: /
ANTHONY S.ARSUCCI /
Notary of New York
Qualified inNow Yolk County %r ►r te / -„/
Commission Expires Oct. 31, 2Q
Notary 'u.
�.. E1tthink NA. a 20
Address lork NY 10021
STATE OF COLORADO )
) ss. 5 _g..e d 'a c t�
COUNTY OF PITKIN ) J
The foregoing instrument was acknowled. >: •efore me this day of
2011 by as on behalf of Pitkin County,
Colorado Board of County Commissi • - - rs.
Witness my hand and offrdial seal.
My commission expires:
Notary Public
Address
Spizzirri Trail and Parking Easement 6
GRANTOR:
RICHARD D. SPIZZIRRI
sue{ s �
GRANTEE:
PITKIN COUNTY, COLORADO BO OF COUNTY COMMISSIONERS
B y: IC ' . Ri‘c.t/Ari_S
Its:
Spizzirri Trail and Parking Easement 7
STATE OF ) 5_ e - 2 c(b- (O
ss. � (/
COUNTY OF
The foregoing instrument was f 4elnowledged before me this day of
, 20011, by Richard'D. Spizzirri.
Witness my hand and official seal.
2
My commission expires:
•Notary Public
Address
STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
The foregoing instrum9pt was acknowledged before me this 0 4, day of
/42(6dis./ , 20011 by KIW L L • bet Cc-IR,eDS as (4.44/00n91 J on
behalf of Pitkin County, Colorado Board of County Commissioners.
Witness my hand and official seal.
My commission expires: ? /'1-4V
N a ublic
`o V P.OZ� 30 t �1. /,v.t /6 / /f SP�) 8 /l6//
.� ; � o kgY � , Address
• $ PATE
Spizzirri Trail and Parking Easement
LIST OF EXHIBITS
EXHIBIT "A"
Location Map Showing Burdened Property
(Includes portion of the plat map for Stage Road PUD /Subdivision, showing the area surrounding
the existing trail and gravel parking lot that comprise the Trail & Parking Easement.)
4452595_1 DOC
Spizzirri Trail and Parking Easement
EXHIBIT MAP OF:
TRAIL& PARKING EASEMENT
A TRACT OF LAND SITUATED IN LOT 14, SECTION 20, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6TH P.M.,
COUNTY OF PITKIN, STATE OF COLORADO.
SHEET 1 OF 2
CURVE TABLE
CURVE LENGTH RADIUS TANGENT CHORD BEARING DELTA
CE3 160.00' 447.50' 80.87' 159.15' S 1712'01" E 2029'10"
LINE TABLE FOUND BLM BRASS CAP SPM
LINE BEARING LENGTH BEARS N 8813'38" E, 117.46'
L2 S 06'57'26" E 17.76' FROM THE NW COR LOT 14
j S 89'48'45" E. 307.60' 0.
•
N — FOUND BLM BRASS CAP
LOT 12/14/15
FOUND BLM BRASS CAP SPM
BEARS N 14'05'43" W, 7.83'
FOUND BLM BRASS CAP
LOT 14 S20
0)
GRAPHIC SCALE REC. NO. 559081
100 0 50 100
•
(IN FEET)
1 inch =100 ft.
co
70' RIGHT —OF —WAY a"
(C.D.O.T. PROJ. NO. C- 57- 0082 -09)
• I o
(1
W SET 3" ALUMINUM CAP LOT 14/32/33/21
SCALE 1" =100' L.S. 28643
a
\ HWY 82
(PAVED SURFACE)
GRAVEL PARKING , 'r
FOR NORTHSTAR
Yk \
TRAIL & PARKING EASEMENT
(HATCHED AREA)
ASPHALT PATH
■
FOUND BLM BRASS CAP { ,
E 1/16 5 20
SOUTHWEST CORNER LOT 14 ro
POINT OF BEGINNING o^ AY�
SOPRIS ENGINEERING - LLC �� ��� � -�x g•
CIVIL CONSULTANTS • 8 ?'37'04" W 395.00' BASIS OF BEARING
502 MAIN STREET, SUITE A3
CARBONDALE, COLORADO 81623
(970) 704-0311 SOPRISENG @SOPRISENG.COM 26149 0223(11 26149.DWG
Spizzirri Trail and Parking Easement �D
EXHIBIT MAP OF:
TRAIL & PARKING EASEMENT
A TRACT OP LAND SITUATED IN LOT 14, SECTION 20, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6TH P.M.,
COUNTY OF PITKIN, STATE OF COLORADO.
SHEET 1 OF 2
A TRAIL AND PARKING EASEMENT LOCATED WITHIN THAT PROPERTY DESCRIBED IN THE
DOCUMENT RECORDED AS RECEPTION NUMBER 559081 OF THE PITKIN COUNTY RECORDS,
ALSO WITHIN GOVERNMENT LOT 14, SECTION 20, TOWNSHIP 10 SOUTH, RANGE 84 WEST
OF THE 6TH P.M., COUNTY OF PITKIN. SAID EASEMENT BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 14; THENCE N 05 °07'54 "E ALONG
THE WEST BOUNDARY OF SAID LOT 14, A DISTANCE OF 170.78 FEET TO A POINT ON THE
WESTERLY RIGHT -OF -WAY OF HIGHWAY 82 DESCRIBED AS COLORADO DEPARTMENT OF
HIGHWAYS PROJECT NO. C -57- 0082 -09; THENCE LEAVING SAID LOT 14 BOUNDARY AND
ALONG SAID WESTERLY RIGHT -OF -WAY, 160 FEET ALONG THE ARC OF A CURVE TO THE
RIGHT HAVING A RADIUS OF 447.50 FEET AND A CENTRAL ANGLE OF 20 °29'10" (CHORD
BEARS S 17 °12'01 "E , 159.15 FEET); THENCE CONTINUING ALONG SAID WESTERLY
RIGHT -OF -WAY S 06 °57'26 "E , A DISTANCE OF 17.76 FEETTO A POINT ON THE SOUTHERLY
BOUNDARY OF SAID LOT 14; THENCE LEAVING SAID RIGHT -OF -WAY AND ALONG SAID
SOUTHERLY BOUNDARY 5 89 °37'04 "W , A DISTANCE OF 64.49 FEET TO THE POINT OF
BEGINNING.
CONTAINING 6,491 SQUARE FEET OR 0.149 ACRES, MORE OR LESS.
SOPRIS ENGINEERING - LLC
CIVIL CONSULTANTS
502 MAIN STREET, SUITE A3
CARBONDALE, COLORADO 81623
1970) 704.0311 SOPRISENGeSOPRISENG.COM 26149 02 23 11 26149.DWG
5167673 2.DOC
Spizzirri Trail and Parking Easement
/l