HomeMy WebLinkAboutbocc.con.079.2001 CONTRACT#L Z -z cn
EQUESTRIAN TRAIL EASEMENT AGREEMENT APPROVED BY BOCC
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THIS AGREEMENT is made this O day of O1,by and between
THOMAS D. ANDERSON and CHRISTINE M. ANDERSON also known as THOMAS D.
ANDERSEN and CHRISTINE M. ANDERSEN,whose legal address is 5860 SW 1141
Terrace, Miami, Florida(hereinafter collectively "Anderson") and PITKIN COUNTY,
COLORADO, acting by and through its Board of County Commissioners of Pitkin County,
Colorado (the "County").
RECITALS
WHEREAS, Anderson obtained approval from the County for one non-metro area
residential GMQS allotment; 1041 Hazard Review and Conceptual Submission and Scenic
Overlay Approval to establish a building envelope to construct a single family residence and
accessory structures; and Special Review approval and GMQS Exemption for one fully deed
restricted affordable housing unit which approval is evidenced by certain resolutions (the
"Resolutions") consisting of: (i) Resolution No. PZ-3-2000 captioned ""Resolution of the
Planning and Zoning Commission of Pitkin County, Colorado, Forwarding the 1999 Non-Metro
Area Residential Growth Management Quota System Scores to the Board of County
Commissioners recorded as Reception No. 443427 in the real estate records of Pitkin County,
Colorado; (ii)Pitkin County Resolution No. 85- 2000 captioned Resolution of the Board of
County Commissioners of Pitkin County, Colorado, granting approval of the Andersen 1041
Hazard Review and Conceptual Submission for a Single Family Residence and Special Review/
GMQS Exemption for One Fully Deed Restricted Affordable Housing Unit recorded as
Reception No. 447849 in the real estate records of Pitkin County.
WHEREAS, as an exaction and condition of the approval, Anderson has agreed, subject
to the terms, conditions and provisions hereof, to grant, for the benefit of members of the public,
an easement for a proposed equestrian trail use, measured from the south side of the Brush Creek
n right-of-way. The grant of easement is subject to the trail actually being constructed on the
a properties immediately adjacent to the subject property on the east and on the west. The
a) o m m easement shall be fifteen(15) feet measured from the south side of the Brush Creek and north of
M 0 N m the Wiese Ditch, as shown on the 1041 plat approved by County.
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a w WHEREAS, Anderson and the County desire to set forth, in this agreement, the terms
m and conditions governing the use of said trail.
m
WITNESSETH
_ NOW,THEREFORE, for and in consideration of the mutual covenants and agreement
hereinafter set forth, and for other good and valuable consideration, the parties hereto agree as
follows:
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x 1. Grant of Easement. Anderson hereby grants to the County, for use by members of
the public,non-exclusive easement (the "Easement"), along the south side of the Brush Creek
and to the north of the Wiese Ditch as shown on the Final 1041 Plat. The grant of easement is
subject to the condition that a trail shall be constructed over and across the adjacent properties to
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the east and to the west linking said trail to the easement granted hereby. As depicted on the
1041 Final Plat, the easement shall be fifteen(15) feet, (i.e. 7.5 feet on either side of the
centerline of side trail if, when and as constructed and in place).
2. Use. The Easement shall be used for the purposes specified herein and for no
other purpose. The Easement may be used for equestrian purposes. No motorized vehicles of
any kind shall be permitted on the Easement for maintenance or repair. Dogs shall be prohibited
on the Easement. Nothing herein shall be construed to grant members of the public any right to
use or cross other property of Anderson in order to gain access to the Easement. Anderson
reserves the right to use the Easement and the lands below and airspace above for all purposes
which do not unreasonably interfere with the use by members of the public or the rights herein
granted. Without limited to the foregoing, Anderson shall have the right to: (i) grant any
underground easements to utility companies within the Easement granted herein,provided that
no utility company shall be permitted to exercise any rights under such utility easement that
unreasonably interferes with the rights of members of the public hereunder and(ii) construct and
maintain underground drainage or de-watering structures or facilities.
3. Enforcement. The County shall be responsible for enforcing the terns, provisions
and conditions of this Agreement and in particular the use restrictions set forth in Paragraph 2
above. Anderson may, but shall not be obligated to, enforce any of the terms,provisions and
conditions of the Agreement and in furtherance thereof Anderson may post signs notifying the
public that private property is being crossed and to stay within the Easement.
4. Construction and Maintenance. Any trail shall be constructed by County at
County's sole expense . If and when constructed, the County shall assume all obligations for the
operation, maintenance,repair and replacement thereof, including but not limited to, the
obligations to keep the trail and areas immediately adjacent thereto clean and free of trash and
refuse.
5. Term. The term of this Easement shall commence upon completion of the
construction of the trail and shall thereafter be perpetual so long as the County shall comply with
the provisions hereof.
6. As-Built Survey. The location of the Easement as shown on the Final Plat
represents the best planning of the parties as to where the trail can be built. At such time as the
construction of the trail is complete, the County shall cause the centerline of the trail to be re-
surveyed and a precise legal description of the easement to be prepared,being seven and one half
(7.5) feet on either side of the centerline of the trail as built. Upon completion of the survey, the
parties shall at the request of Anderson enter into a supplement to this Agreement in recordable
form providing a precise legal description for the easement and, if necessary, an amendment to
the Final Plat shall be approved and signed showing the precise as-built location of the
Easement, as provided in paragraph I above.
7. Hold Harmless and Insurance. The parties expressly acknowledge that Anderson
is entitled to the benefits,protections and limitations on liability afforded by Colorado law
governing recreational easements, §33-41-101, et seMc., C.R.S. Anderson shall have no obligation
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SILVIR DAVIS PI 0 00
to repair or otherwise maintain the area within the Easement, or to insure or indemnify the
County for any injury, claim or damage to any person or property, alleged to have occurred while
using the Easement. By accepting the Easement granted hereunder, the County agrees:
A. To defend and hold harmless Anderson and its successors and assigns, to
the full extent allowed under Colorado law, for any injury, claim or damage to any person or
property arising from or based upon use of the Easement;
B. To carry a policy insuring against such claims or losses and to add
Anderson as co-insured on such policy. County shall, on or before January 1 of each year and
annually thereafter, famish a certificate of Insurance and a copy of the policy or policies to
Anderson as verification of the acquisition and maintenance of such insurance; the amount and
adequacy of which shall meet with Anderson's approval,which approval shall not be
unreasonably withheld. The policy shall provide that, as to Anderson, the policy shall not lapse,
be canceled, amended or modified in any way unless the insurance company shall have first
given each of the parties thirty(30) days written notice thereof at the address of each insured as
provided herein.
C. To reserve to Anderson the right to claim full credit for the total amount of
square footage contained within the Easement under the Pitkin County Land Use Code in any
future land use application or approval relating to the Property.
8. Non-Profit Purposes. The purpose of this Agreement is to allow use of the
Easement by members of the public for non-profit recreational purposes in accordance with the
terms,provisions and conditions hereof. This Easement shall not be used for profit or
commercial purposes or any other purposes except as herein allowed.
9. Notices. Notices and other communications which may be given, or are required
to be given hereunder, shall be in writing and shall be deemed give to a party when delivered
personally or when deposited in the United States mail with sufficient postage affixed and
addressed to such party at the respective address shown below:
Anderson:
5860 SW 1141 Terrace
Miami,Florida 33156
and also to the address set forth in the County Treasurer's office for the billing of
property taxes concerning the Anderson property.
County:
The Board of County Commissioners
506 E Main Street
Aspen, Colorado 81611
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Copy To:
Pitkin County Attorney
506 E Main Street
Aspen, Colorado 81611
10. Designation of Successor. Anderson,by instrument duly recorded in the real
estate records of Pitkin County, Colorado,may designate a party to succeed to all the rights,
privileges and remedies of Anderson hereunder.
11. Miscellaneous.
A. Either party shall have the right and power to bring suit in its own name
for any legal or equitable relief due to lack of compliance with any provisions of this Agreement.
If any court proceedings are instituted in connection with the rights of enforcement and remedies
provided in this Agreement, the prevailing party shall be entitled to reimbursement of its costs
and expenses, including reasonable attorneys' fees.
B. The failure of either party to insist upon the strict performance of any
provisions of this Agreement or to exercise any right or option available to it, or to serve any
notice or to institute any action, shall not be a waiver or a relinquishment for the future of any
such provision.
C. This Agreement and the grant of the Easement hereunder to the County is
made subject to any existing easements, reservations,restrictions or rights-of-way.
D. This Agreement may not be amended, nor may any rights hereunder be
waived, except by an instrument in writing executed by the parties hereto and duly recorded in
the real estate records.
E. The interpretation, enforcement or any other matters relative to this
Agreement shall be construed and determined in accordance with the laws of the State of
Colorado.
F. All the provisions of this Agreement, including the benefits and burdens
created thereby, shall run with the land.
G. In the event any clerical, administrative or other errors are found in this
Agreement or any legal descriptions or other exhibits hereto or in the event any exhibit shall be
missing, the parties agree to promptly execute, acknowledge, initial and/or deliver as necessary
any documentation in order to correct the erroneous document, description, exhibit or to provide
any missing exhibit.
H. This Agreement shall not be assignable by the County except to a Park and
Recreation District organized under the laws of the State of Colorado for the purposes of
maintaining trails.
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SILVIA DAVIS PITKIN COUNTY CO R 0.00
IN WITNESS WHEREOF,the parties have executed this Agreement as the day
and year first above written.
ANDERSON: COUNTY:
THE BOARD OF COUNTY COMMISSIONERS,
PITKIN COUNTY, COLORRAIDO
By. By: � q —y—`l
1.
�
Thomas D. Anderson, a/k/a U V (Q Chairperson
Thomas D. Andersen
By:�/rt1r�� ��
Christine M. Anderson, a/k/a
Christine M. Andersen
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SILVIA DAVIS pIlKIN COUNTY
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STATE OF )
)ss.
COUNTY OF )
The foregoing Trail Easement was acknowledged before me this 6 day of
Lk)g!t . , 2001 by Thomas D. Anderson and Christine M. Anderson also known as
Thomas D. Andersen and Christine M. Andersen.
WITNESS my hand and official seal.
My commission expires: Cif 10 2s•'C)f<
Ry pG OFFlCIAL NOTARY SEAL
0 d� UNNE 7E BMOCA0
n
COMMISSION NUMBER
CC974204
�,e . MY COMMISSION EXPIRES
OF F\� OCT.10,2004
Notary Public tiV ACIW t�f>3e
STATE OF COLORADO )
)ss.
COUNTY OF PITKIN )
The foregoing Trail Easement was acknowledged before me this.,0�"day of
/j1�4CH 2O01 by>=i* VAy-VAt g & arehaii�-0f the Board of
County Commissioners, Pitkin County, Colorado.
WITNESS my hand and official seal.
My commission expires: dip 2�
�q..P U3!
/C' ` of ublic
qTf OF C0�"
461138
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