HomeMy WebLinkAboutbocc.con.211.2011 RECEPTION #: 585026, 12/13/2011 at
09:45:51 AM,
1 OF 9, R $0.00 Doc Code EASEMENT CnNTRACT #2/
Janice K. Vos Caudill, Pitkin County, CO
TERMINATION AND GRANT OF PUBLIC TRAIL EASEMENT
AND GRANT OF PUBLIC RIVER ACCESS EASEMENT
THIS TERMINATION AND GRANT OF PUBLIC TRAIL EASEMENT AND
GRANT (AiPUBLI IVER ACCESS EASEMENT (this "Agreement ") is made and entered
into this day of /)l/(4µ42011, by and between the Estate of Leroy M. Merritt
( "Grantor "), whose address is2D 4 4.4 & /f „ww+ Q've, e'D and the Board of County
Commissioners of Pitkin County, Colorado ( "Grantee "), whose address is 530 E. Main Street,
Aspen, Colorado 81611.
RECITALS
A. Grantor is the owner of certain real property located in Pitkin County, Colorado, that is
legally described as Lot 1B Sparovic Lot Split, according to the Plat thereof recorded
August 24, 1982, in Plat Book 13 at Page 78 (the "Property ") and amended; /off / 3 - o//
2011, in Plat Book 4$ Page 9 (the "Amended Plat ").
B. The Final Plat of the Sparovic Subdivision recorded January 28, 1974 in Plat Book 4 at
Page 463 (the "Subdivision Plat ") dedicates a 15' wide Public Trail Easement across the
Property (the "Original Easement ").
C. The Original Easement also appears on the Sparovic Lot Split Plat recorded
August 24, 1982, in Plat Book 13 at Page 78 (the "Lot Split Plat "), which Plat
also dedicates a Public Recreational Easement along the water course of the
Roaring Fork River (the "Watercourse Easement "). As platted, the Original
Easement would provide the public with access to the Watercourse Easement.
D. Excerpts of the Subdivision Plat and Lot Split Plat showing the location of the Original
Easement and Watercourse Easement on the Property are attached hereto as Exhibit "A ".
E. The Original Easement was dedicated with the intent that Grantee would construct a
public trail in the Original Easement, and that such trail would provide the public with
access to the Roaring Fork River for recreational enjoyment.
F. Grantee constructed (or caused to be constructed) a public trail on the Property (the
"Trail "); however, the Trail is located outside the Original Easement.
G. The location of the Trail on the Property, and the Trail's location in relation to the
Original Easement, is depicted on the Amended Plat, an excerpt of which is included as
Exhibit `B" attached hereto.
H. By this Agreement, Grantor and Grantee desire: (i) to terminate, release and extinguish
the Original Easement; (ii) for Grantor to grant to Grantee the "Trail Easement" (as
defined below) for the Trail as constructed and in place; (iii) to further define the uses
and obligations associated with the Trail Easement; and (iv) for Grantor to grant an
1
additional river access easement in order to preserve public access from the trail to the
Roaring Fork River in specified locations.
WITNESSETH:
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged, Grantor and Grantee hereby agree that:
1. Termination of Original Easement. Each of Grantor and Grantee agree that the
Original Easement is hereby terminated, released and extinguished and shall no longer burden
the Property or benefit Grantee or the public.
2. Grant of 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 15' wide
non - exclusive perpetual public trail easement for the Trail, as constructed and in place (the
"Trail Easement "). The location of the Trail as constructed and in place is depicted on the
Amended Plat. Grantee hereby accepts the 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
Trail Easement insofar as such activities may be allowed or required by this Agreement.
3. Trail Easement 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. Dogs on the
trail must be leashed at all times.
b. The Trail Easement is governed by the rules and regulations and other
provisions of Title XII of the Pitkin County Code, as said Title XII may be amended or
recodified from time to time, provided always that the provisions of this Agreement shall
control wherever they are more restrictive than the provisions of said Title XII.
c. No motorized vehicles shall be permitted to use the Trail Easement, except
Grantee may use motorized equipment as needed for maintenance of the Trail or
emergency response.
d. Grantee shall be permitted to make improvements to the Trail Easement
only to the extent required for drainage, safety and maintenance of the Trail. No other
improvements by Grantee (e.g., lighting, etc.) are permitted.
e. While the Trail Easement runs through lands owned by Grantor, access to
the Trail Easement may only be obtained by first crossing other lands not owned by
Grantor. Obtaining access to the Trail Easement shall be Grantee's responsibility. No
other lands of Grantor may be used to access the Trail Easement and nothing herein shall
be construed as a grant, express or implied, over lands of Grantor not within the Trail
Easement for access to the Trail Easement.
2
f. Grantor reserves the right to use and enjoy the Trail Easement and the land
beneath and the airspace above for all purposes and uses which do not unreasonably
interfere with the use and enjoyment by Grantee or members of the public of the rights
herein granted. Without limitation to the foregoing, Grantor shall have the right to grant
any easements to utility companies over or under the Trail Easement. The Trail Easement
is granted subject to all existing easements, restrictions and covenants of record.
4. 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, or its successors or assigns in interest in the ownership
of the underlying Property, in which case Grantor, or its successors or assigns in interest, shall
perform the maintenance or care so required; provided, however that Grantor is not responsible
for said damage if caused by 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.
5. Grant Of River Access Easement. Grantor hereby grants, transfers and conveys
unto Grantee and its successors and assigns, for the use and benefit of the general public a non-
exclusive perpetual public River Access Easement, ( "River Access Easement ") for the purpose
of permitting the public access to the Roaring Fork River from the Trail Easement as it occurs on
the Grantor's property to the Roaring Fork River. The location of the River Access Easement is
depicted on the Amended Plat and Exhibit `B" attached hereto. Grantee hereby accepts the
River Access 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.
6. River Access Easement Use Restrictions.
a. Public use of the River Access Easement shall be exclusively for non
motorized river recreation such as boat put/in and take /out, fishermen access, wading and
passive enjoyment of the river.
b. The River Access Easement is governed by the rules and regulations and
other provisions of Title XII of the Pitkin County Code, as said Title XII may be
amended or recodified from time to time, provided always that the provisions of this
Agreement shall control wherever they are more restrictive than the provisions of said
Title XII.
c. No motorized vehicles shall be permitted to use the River Access
Easement, except Grantee may use motorized equipment as needed for maintenance of
the easement or emergency response.
d. Grantee shall be not permitted to make improvements River Access
Easement, except to post a sign at Grantor's request, identifying the preferred point of
3
boat access, without Grantor's consent, which is at Grantor's sole discretion. Grantor
conveys and Grantee accept this River Access Easement with existing spur paths, but will
not manage the property to create new spur paths, nor is Grantee obligated to restore
existing paths.
e. The River Access Easement only encumbers the portion of Grantor's
property that includes and lies between the Trail Easement and the Roaring Fork River,
as depicted on the Amended Plat and Exhibit B. This River Access Easement does not
grant public access to any portion of the Grantor' s Property that does not connect the
riverbank to the Trail Easement as it passes through the Property.
f. Grantor reserves the right to use and enjoy the River Access Easement and
the land beneath and the airspace above for all purposes and uses which do not
unreasonably interfere with the use and enjoyment by Grantee or members of the public
of the rights herein granted. Without limitation to the foregoing, Grantor shall have the
right to grant any easements to utility companies over or under the River Access
Easement. The River Access Easement is granted subject to all existing easements,
restrictions and covenants of record.
7. Grantee's Obligations to Defend, Hold Harmless and Insure. The parties
expressly acknowledge that the Trail Easement and River Access Easement are 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 and River Access Easement, Grantor shall have no obligation to repair, clear or
otherwise maintain the area within the Trail Easement or River Access 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 or River Access
Easement for public non - motorized travel or otherwise, or due to the condition of the Trail.
By accepting the Trail Easement and River Access Easement granted herein, Grantee
hereby agrees to defend (including reasonable attorneys' fees) and hold harmless Grantor and its
successors and assigns in the record ownership of the underlying Property traversed by the Trail
Easement and River Access Easement, 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
Trail Easement and River Access 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 underlying Property traversed by the Trail Easement and River Access
Easement, or any part thereof) as additional named insureds on its comprehensive general
liability insurance policy, which insurance shall be maintained by Grantee to provide protection
against liability from claims arising out of the use of the Trail Easement and River Access
Easement. Such insurance shall be carried in amounts not less than the liability limits specified
4
in C.R.S. Section 24- 10- 114(1), as it may be amended from time to time, and shall provide
Grantor and Grantor's 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.
8. Attorneys' Fees. In the event the interpretation or enforcement of this Trail
Agreement and River Access Easement should ever become the subject of litigation between
Grantor (or his successors and assigns in the record ownership of the underlying real property
traversed by the Trail Easement and River Access 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.
9. Binding Effect. This Agreement 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 and River Access
Easement. This Agreement 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 and River
Access Easement.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the
day and year first above written.
GRANTOR:
By: !iirA■
Estate of Leroy M. Me itt
Scott E. Dorsey, Admin strato
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this 1 day of At J., . A ,
2010, by Scott E. Dorsey, Administrator for the estate of Leroy M. Merritt. 1
Witness my hand and official seal.
\ � .iN)iNlilli y �
STACEY M. LONGO ` i,
My commission ex ires:Notary Public•Maryland
Isaltlmore County ��`` YS.� .{�4Mp
My Commission Expires ��; � . %
September 17, 2012 - � t , ' � .. y
Notary Public =
5 4 ), .
,*,„ lt% %t
GRANTEE:
Board of County Commissioners of Pitkin C. . orado
By:
Rachel . Richards, Chairwom n / 1/__
' A ST:
Jea ette Jones
De .uty County Clerk
The foregoing instrument was acknowledged before me this day of a/414 ,�A.r
2011, by Rachel E. Richards, Chairwoman of the Board of County Commissioners of Pitkin
County, folorado, an atte ted to Der 4ijk
Witness my hand and official seal.
My commission expires: 1 74
4
No ary P ilic
,.... .... C� ► ►►
.
i
h. .....
•••'
6
EXHIBIT "A"
Excerpt of Sparovic Lot Split Plat Showing Property and Original Easement
8
,...... '
,,,,,,,,,,,„.. „,„„„„....*** ****°'''' r: , ....,
\ -"-....-
\ \ ,
--------
\
..,------'—'" . \
\
. \
\ \\
\
\
i .„. ., \ \ \ 34 \
,
\
V \ ...- \
% \ \ ..-
1.
\ ...., \
\ ,----
1 \ < --- \
\- ■ \
\ - .„, --
\
.
\
\
y \
\
)11141:1\(tb"-f-@• cort.litici:o. 1
/
I ; •••,,,,,,
/ \
•
_. ,.......-
-",
/
,
N. ."..." \
1
1 _ ..,........--•:. . . s'....S., ,, ,............. i pt
/ /
/ /7 \ \ ,-
", 0
- \\.
‘,..... \ ,.., ,,,, \
--" N.
:s. _.----,-:: - -,... - ----,•---: ' l" - . /
, • , / .„.., - \ , . .. \ ,
/ , . , 34 .. s.t.. / \
. , .•
\
r
\ 4.... \ \ < ....- \ ,
...,
V
1
/
, i i
.e.3 4" ,
... -- - \
...,.
i ( la \ • ..• \ ' \
-i- '.• \ \ I •
- \
r '• .. ' \ •
E-
. \ "7 \ \ \ ,- •,
i 1
' • 1 1
......./ • •
1- 0 .r: /- . , , -13
2 \ ,- )..,
• ..-
. „ -,..
. ,.. -- . ...
'-,, , • ' • ' , ----,
,
i
1
/ i , ' •` • ', .S.
, , \ \ ,
soc, Nr . 1 ' '• ', / '
;
/ / • 90 fr : . ' I • , , .„.-,..
';'.)
-4.
i I 1 `1.-1 N.1 ".. ...% •.....", , ...- ,..
/ / e ,...
..-
.„,
, I 4 , ,,,,,,,,„„„„,, %b.... ir .. • . ,. ,., —.
/ , '...... % Ir ' i / lr%
/ i / , ..„.,---• , ,,, .
I ,
''' ' ...' ,'
. .
i ,
\ _ , 1,c
/
, C■
, I .
. ,
/ 1
. Ac.
,.,.
%,...._ _
g o 41 ''.•;' i' ‘' • 1 /V c " . - ' ''''
k \ . . .-O- •:,•=,, ,, ..- •,..,,,. „,„,,-, , ./ '--- .,- -- -.!-..; :::,•, -= •_, ,.
\ \ -.• id? z - -• . - ,.. -,- ‘--,. „-' .=
• ,•• .--
\\\....... -„„.•:...,... , .., „......,,,,....., ot , ... ,
sl .-,... • it
• ' ' 0
..4.• ',.. L.i.,,_ . , .
.. , :,.,,..„....
: .
. ,
i. , i
\ , --....
..._.
""'■ \
\ \ . itn , s,,,.. • . ; ^1,/
4S %‘ "//, - r : '7 ...4‘ r... • - - , Altath:
'
•
. .
\ \ ‘ "i d: "I'' . - - " -': — - -:4. Y...?' 44 / . ,... ''' ' '- - ' • 1 t
. • ' '
L .
‘ \ t
1 1 '' 1' Od zo,..... " ' .: '
, , ".‘"..'. 4 ■"cro.a...--,q"! , .,' .„,., --. ,,,,j, ..,, , -.30 737 k.
1 \
40 i., ,:' '''' - '''' '5 , .; '. ‘Ci:r ,4 r: 2875
\ 1 \ - r-' es 44' ' -. ' - - : 0 4 ; . . . •,,, 51 CO' T
\ / 1\ ,_ \ c+ s .,■', ,....:,,,- ._:„ ,r,..:, :g- i ; ;;I'
I l i \ \ ...'‘‘ b '' )- 0V-4# 7 ..;,'' --/;.'..,----..
, ,,,, \-•.„:----...... - z .,1 -•.--- , ..-, - '101,/ .k= ,.,..)-', ---.....,
, ......_,.. --- • - •:••:, ,- - • .-/ / • / •••• '''.4i.r.azi.,=•••• . - „,...,,- :,. • s _ ,
pi c ( 4.6. ,,,, ..--, t . .-
' "•'' . ..- l.- 7 ...' , - ,.. • A
• . if ° — - ' . j• • /..., ,,'' „:. p
\ ,..
14. t6
s 13 C •-r .2. ...' ,/ -tY
,„..._, ,..„. 1,0 L ••;', .. •Di
• --••••, . , / /
---......., , ,
'.....,...., 6. .
1.;... .
?..t. .k
4, tr.
,. )/ 41,117;
/ //V iz.• —
i , li:•7i.f ',/•/
s ‘.. z . .....k , 4_ ,• '!: ... ; 4 / 4 i:eh 'i•"'
A '4 ,;;,,
• ,.., , p
•,•:, ,.
".... ..",Ar.
' 4 %
. I
4, KV
'
1- ' ri• 3 ,,..0....V 1..
......
,.....-- ../.. , 2)
./ 42.
. .„, ,.. , .
,s ,.., ......-
.. ,..
. ./.., .2
IN, .
-119S
1
-.---.......---
S • . .-?L__._..-• .,it•ST
'P
1 - ',.......••"'s.. °Ile
cloes0
I
I
0
• \
M
, v.c.Vo<r\
,..„......_..., ::-.1reo-
c . ,..v..)c, •■i - (1''f." ,,, , v6
DCA'
,
oti ,otIC)C
..v110
cf ,6 19—, w' - v.PA =-
,4ort tcro4„ .,co, Az r'
cocticAi'c's
65' Po EXHIBIT "B"
Ex.sept of 1st Amended Plat, Lot 1 -B Sparovic Lot Split Showing Property, Original Easement
( ) and Trail and River Access Easement
9
N.00.TT.6£ m 7 , O
�, g ` ;: :�1 82 it a JCg
4 : j j
" 141 . - E b OD C
eta* :t
i l re ;i $ J a
T.,,-,,, �, "' ' yam p5 . t K e 6, ! i 85! "b t r m m 6, 7 s S c i , ,,, T a ' - ' -,, ~ p � 1 e ta g131910 . .. G 1 i ! N
N.00TT.6£ g
S i 4 i $ b is `g � r
b Eg 5 'w 1 / / 1 ! ii i;8 1 ° i 14 -
b •
i a o '', // t ,2 ,. g . $
r $ B �s 8 F % � 1 y= b d
Ei I I : § / / /; ; .,�/, '1 i
p g
I 1 / .1 - x, I 1 0 '
• & 91 / / ' t / / � / ' 8 a rte
s
' 12t: 2 ,. 2 I / IP , tr':, ; 14' 1
/ / V IA 117 4 r N .1;
r, r ri 1 g7 i *
^ b d / / 3£ §
ta t§ N it s ? 3 hi m h g p ., � � 1 p � { ''''• 1.X1E:rql �i
ki 1
N J „ � / ;
/ / �S .. � � / i i i63 i1E C Y
w;± ..., R LL a .t ,4'/:''
$a 'Y.< RR 1 Z $ 3 Y.
1h, p 13 g$� gage
,,,/ \ / . . 4' /* ' ' 4 fJ. lit"; 4,, !Ill :1
y 114 g
g
q� x .p
' \ w. 1
qii 44/
1 4 1! , \ \ \� Ip ii � 1■` f °"4:1 a l s of € , (
I
t
.. =, :.. , . , x.:.1111, 4`..71 "1" ";07.1 ...,..n..