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Recarde��t363236 11/12/93'cibkl^ Fec �.C�O £�K 730 F� 649 �
Silvia Davis, Pitkin Cnty Cler•ky Doc �.UC> ��;,
Recepti. _ _ _
- RECORDING REQUESTED BX: /.,�,r+�''
WHEN RECORDED RETURN TO:
Ronald Garfield, Fsq. i'':
Ga�eid&Hecht, P.C. •"" --
z.:.: , .:
601 East Hyman Avenue ; ':
; Aspen,Colorado 81611 ��� �
; ::
TRAII.EASEMENT AGREEMENT
LMAROON CREEK CONNECTION TO GOVERNMENT TTtAIL1 �
i �
THIS AGREEMENT is made this Z- day of t�'i"��993, by and between �
PEARCE EQUITIES GROUP II LIMITED LIABILdTY COMI'ANY, a Utah limited liability
company("Pearce")and PITHIN COUNTY,COLOItADO,acting by arnl through its Board of
County Commissioners of Pitkin County,Colorado(the "County").
RECITALS '
WHEREAS,Pearce has obtained approval from the County of the Maroon Creek Club
development which approval is evidenced by certain resolutions(the "Resolutions")consisting
of: (i) Pitkin County Resolution No. 90-87 captioned "Resolution of the Board of County
Commissioners of Pitkin County, Colorado Granting Approva] of General Submission for
Subdivision, 1041 Environmental Hazard Review,Scenic Foreground Over(ay Review,Planned �
Unit Development and Rezoning for the Pfister RancMGolf Application"recorded in Book 629
,� at Page 471 of the real estate records of Pitkin County,Colorado,(ii)Pitkin Counry Resolution
;'W 91-111 captioned"Resolution of the Board of County Commissioners of Pitkin County,Colorado
Granting Approval of Detailed Submission for Subdivision,1U41 Environmental Hazard Review,
Scenic Foreground Overlay Review, Planned Unit Devetopment, Rezoning, Special Review
Approvat for Relocation of the KSNO Radio Tower, Lot Line Adjustment with the ARU
Property, General and Detailed Submission to the 'Grand Amendment' Portion of the :
_._ Application and Amendm�nt to the Buttermilk Ski Area Master Plan for the P£ster Ranch/Golf
Application" recorded in Book 657 at Page 306 of the real estate records of Pitkin Counry,
� Colorado,{iii)Pitkin County Resolution No.91-112 granting certain amendments to the Detailed
Submission approval recorded in Book 657 at Page 384 of the real estate records of Pitkin
�`�� County, Co3orado, (iv) Resolution No. 92-226, Resolution of the Board of County
Commissioners of Pitkin County, Colorado Granting an Extension for the Mazoon Creek ,
Development Corporation to Submit the Final Plat for the Pfister Ranch/Golf Project,Recorded
July 30, 1992 in Book 684 at Page 881 and(v)Pitkin County Resolution No.t�'�Jp�ranting
Final Plat approval recorded in Book'7� at Page�of the real estate records of Pitkin
• County, Colorado.
. M''
WFIEREAS, as an exaction and condition of the apQroval, Pearce has agreed, subject .��
� ! ro the terms, conditions and provisions hereof, to grant, for the benefft of nnembers of the � :
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#�3G�c38 1 1/12/43 1 b:1^<• F�ec S.AO Hk; 730 FG 649 r{� �':;•,
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public,an easement for a trail along the west side of Maroon Creek through an area designated .
Common Area Parcel Q;then across Tiehack Road and then through Lot 49 to connect with the ' �`�
trail known as the"Government Traii",ali as shown on the Fival Subdivision Plat and PUD for ' "'a
— Maroon Creek Club (the "Final Plat") recorded in Plat Book�at Page�and amendments ����` �::;'
thereto recorded in Book 657 at Page 387 of the real estate records of Pitkin County,Colorado. . '.
: i
WHEREAS,Pearce and the County desire to set forth,in this Agreement,the terms and '<'- -
conditions governing the use of said trail. �:.�:: ';
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WITNESSETH f:��; :
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: �±�
! {i
i 1. Grant of Easement. Pearce hereby grants to the County,for use by members of -
� the pubiic, a non-exclusive easement(the "Easement") along the west side of Maroon Creek
, across Common Area Parcei Q then across Tiehack Road and then across Lot 49 to connect
' with Govemment Trail, all as shown on Sheets 8, 9 and 10 of the Final Plat. The connection �-
to Government Trail through Lot 49 may be relocated by the dedication to the County of a new �
, trail suitable for both summer and winter use or two [rails, one being the trail shown on the
Final Plat as it fronts Lots 17 and 32 t3uough 40, being for winter, nordic use only and a F.
relocated(or additional)trail being for summer use only and the Final Plat shall be amended to
reflect said relocation. Any such relocadon must meet County trail standards and shaIl be �
subject to the approval of the Aspen Skiing Company,which approval will not unreasonably be
withheld or delayed provided that there is no adverse impact on the operations of the Aspen �
Skiing Company. Notwithstanding the preceding rights of relocation, a connection to
• �: Government Trail shall always remain open sub}ect only to the rights of the Aspen Skiing
�'$ Company to temporarily close the Easement as it crosses Lot 49, as set fortii in Paragraph 2
below.
2. Use. The Easement shall be used for the purposes specified herein and for no '
other purpose. Notwithstanding anything to the contrary coniained herein,this Easement,as it .� : .
__ crosses Lot 49, shall be subject to the operations of ffie Aspen Skiing Company prior to and
during the ski season each year in connection with its preparation, maintenance and operadon
fof the Buttermilk Ski Area, including the right to temporarily close ffie trail,and subject to the
� applicable provisions of the Colorado Ski Safety Act of 1979,as amended. The Fasement shall
'•� only be for non-motorized public use. Examples of pernutted uses are by foot, bicycling,and
i in the winter cross country and snowshces. Iio motorized vehicles of any kind shail be •
' permitted on the Easement except at road crossings or for maintenance or repair. Dogs and
horses shall be prohibited on the Easement during winter months which for purposes of this i! ..
Agreement shall mean November through April. Other than winter months, dogs shali be
• allowed so long as they are leashed,under positive control of owners and otherwise compiy with
leash laws, regulations and rules of the County, United States Forest Service and Colorado j r�
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#363238 11/12/93 16:1.^•_ Rec �.i�c� BFc: 730 F'G 650 ,�.,a��,�.4±�,;
Silvi� Davis, F'itkin Cnty Clerk, Doc $•���' ��'``'�
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Div9sion of Wildlife. Other than winter months, horses shatl be aliowed on the Easament on �-
a daily basis subject to applicable regulations or rules of the County, United States Forest '`^,�
Service and Colorado Division of Wiidiife. Use of the Easement shall be available only to
-•� persons gaining access through authorized access points. Nothing herein shall be construed to "�;��_r.
grant members of the public rights to use or cross other property of Pearce in order to gain
access to the Easement. Pearce 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. Withoat limit to the foregoing,Pearce shall have the �`^.
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; right to: (i)grant any underground easements to utility companies wittiin the Easement granted ,�,.: :.
j herein,provided only, no utility company shall be permitted to exercise any rights under such ��. ,
utility easement that unreasonabty interferes with the rights of inembers of the public hereunder -
and(ii)construct and maintain underground drainage or dewatering structures or facilities.
3. Enforcement. The County shaii be responsible for enfarcing the terms,provisions !
! and conditions of this Agreement and in particular the use restrictions set forth in Paragraph 2 �
� above. Pearce may but shait not be obligated to enforce any of the terms, provisions and
, conditions of the Agreement and in furtherance thereof Pearce may post signs, including
notifying the pubiic that private property is being crossed and to stay within the Easement.
? 4. Constmction and Maintenance. The trail shail be constmcted by Pearce in �
accordance with the terms, provisions and conditions of that conditions of that certain
� Subdivision Improvements Agreement recorded in Book''j�at Page�of tt►e real estate
records of Pitkin County, Colorado, and, with respect to those portions of the trail that cross
� Lot 49, such construction shall be subject to the approval of the Aspen Skiing Company, iu
successors and assigns which approval shall not be unreasonably withheld or delayed. Prior to �
construction, the proposed location of the trail shall be flagged and the flagging shall be
approved by the Counry, which approval sha11 not be unreasonably withheld or delayed. The •
�i � parties hereto understand that Lot 49 has improvements related to the skiing operation of the
;'�� Aspen Skiing Company and that the final alignment of the trail may have to accommodate the
location of such improvements. Once the trail is constructed by Pearce,Lhe County shall assume
all obiigations for the operation,maintenance,repair and replacement thereof,including,but not :
- limited to,the obligations:(i)to keep the uail and areas immediately adjacent thereto clean and ;.
free of trash and refuse,and(ii)to groom,set tracts,provide trail signs and otherwise maintain
trails for cross-country skiers. Notwithstanding anything to the contrary, the County shall not
� '; groom or set tracks or otherwise ghysically maintain the trail as it crosses Lot 49 at any time
� that the Buttermilk Ski Area is being prepazed for operations or is being operated during the ski
season and the County may only maintain trail signs during such periods of time that are
��. approved by the Aspen Skiing Company,which approval may be withheld in the sole discretion
� of the Aspen Skiing Company and that portion of the trail that is located on Lot 49, shall be '
subordinate to the rights of the Aspen Skiing Company,its successors and assigns,in connection
with its operation, maintenance, improvement, replacement, and repair of the Buttermilk Ski
Area. The County may, subject to the terms and provisions of this Agreement, grant to the
� AspenlSnowmass Nordic Council,Inc.or any similar or successor organization established for
such purposes, a sublicense to operate and maintain a nordic trail on the Easement ��`
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#36323f3 11/1�/93 16:1-'- �.ec �.i.ii,� HF;: 730 F'G 651 ' �.�
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' S. Term. The term of this Easement shall commence upon compietion of the ' �°
construction of the trail and shali thereafter be perpetual so long as the County shait compty with ; .,:
the provisions hereof. '.. ,;,
5. As-$uilt Survev. The location of the Easement as shown on the F'inal Plat ,`'� �:{; ,
represents the hest planning of the parties as to where the trail can be built; however, actual ;t:,_�
conditions relative to the construction of the traii or an accurate sarvey may require that portions
of the traii vary from the location shown on the Finai Piat. At such time as the construcGOn of �;c. .
; the trail is complete,Pearce may cause the centerline of the trail to be resurveyed and a precise =`"�'=�' "
legal descripdon of the easement ro be prepared being seven and one-half(7.5)feet on either ti�:r.•:�
side of the centerline of the trail as built or more if necessary to accommodate cuts and fills.
Upon completion of the survey,the parties shall at ffie request of Pearce enter into a supplement ���<°';� -
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to this Agreement in recordable form providing a precise legat description for the Easement and, ' .
if necessary, an amendment to the Final Plat shall be approved showing the precise as-built '
�
location of the Easement.
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7. Maintenance.Hold Harmless and Tnsurance. The parties expressty acknowledge • .
that Pearce is entitled to the benefits, protections and limitations on liabiliry afforded by
` � Colorado law governing recreational easements,§33-41-101,et seq.,C.R.S. Pearce shall have
no obligation to repair or otherwise maintain the area within the Easement, or to iasure or �-
indemnify the Counry for any injury,ciaim ar damage to any person or property,alleged to have �
� occurred while using the Easement. By accepting the Easement granted hereunder,the Counry
agrees:
A. To defend and hold harmiess Peac�e and its successors and assigns,to the
fuli extent ailowed under Colorado law, for any injury, claim or damage to any person or �
property azising from or based upon use of the Easement
�� B. To carry a policy insuring against such claims or losses and to add Pearce ,
as a co-insured on such policy. County shall,on or before January 1 of each year and annually
tUereafter, furnish a Certificate of Insurance and a copy of the policy or policies to Pearce as
verification of the acquisition and maintenance of such insurance;the amount and adequacy of
which shall meet with Pearce's approval, which approval shall not be unreasonably withheld. � .
The policy shall provide that, as to Pearce,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(3�)days written notice thereaf at the addtess of each insured as provided herein. For
. � purposes of this Paragraph 7 B., policies carried by the County with liability coverage of
�� ? $250,000.00 per claim/occurrence and$750,OOO.QO excess Iiability shall be deemed approved
' ! by Pearce;provided however,Pearce may request the County to review the types and limits of
coverage based on coverage then caaied by other governmental units for like or simitar risks. '
C. In the discretion of the County[o allow Pearce the right to ciaim full credit
. � for the total amount of square footage contained within the Easement under the Pitkin County
Iand Usc Code itt any future land use appiication or approval reladng to ffie Property.
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�363238 11/12/9� 16:1� fiec �.4<i Et: 730 F'G 652 �r. ',' .`
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Silvia D�vis, FitF:in Cnty Clerk, Doc #.0�� ' V%
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' 8. Non-Profit Purooses. The u �`��''��`,
; p rpose of this Agreement is to ailow use of the . •�;
Easement by members of the public for recreationai purposes in accordance with the terms, '• �
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provisions and conditions hereof. This Easement shall not be used for commeccial purposes. f�� ,,,,
_ _ Examples of commercial purposes which are prohibited include use of the trail by packing, ' ,..
, outfitters or guide companies for group tours or for staging group tours. The term commercial i,'��s•+,.
purposes does not extend to or prohibit use of the trai! by individuals assisked by coaches, `;��,.�
personal tra+ners, individual instructors and the like. �+�.
s_�
I 9. Notices. Notices and other communications which may be given,or are required 9 'J
� to be given hereunder, shall be in writing and shait be deemed give to a party when delivered >,:,x��`
� persanaily or when deposited in the United States maii with sufficient postage af£xed and
addzessed ta such party at the respective address shown below: ���;�_>`
Pearce: :`;''.
.�s.
� Pearce Equities Group II Limited Liability ,''?f .
Company � .
' 601 East Hyman Avenue
� ; Aspen,Colorado 81611 �,,'�. .
� � Copy To: f'i
. �
+ Ronald Garfield x• �
� G�eld&Hecht,P.C.
601 E. Hyman Ave. �
� Aspen,CO 81611
County:
� The Boazd of County Commissioners
506 E. Main Stteet
r Aspen, Coiorado 81611
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_ �� coPy To: ,` , �.
'_ � Pitkin County Attorney •
S06 E. Main Street
`.� � � Aspen, CO 81611 k
� I � �
i 10. Desienation of 5uccessor. Pearce,by instmment 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 Pearce hereunder. �` `
11. Miscellaneous.
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#36�2?S 11/12/93 1b:12 FecCler'k,bDoc3d�,P6 6S3 ���`Y;
� Silvia D�vis, Pitkin Cn�Y
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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 t6is ''� �`��
Agreement. If any court proceedings are instituted in connection with the rights of enforcement ' �'�
and remedies provided in this Agreement,ffie prevailing party shaii be entitled to reimbursement -'���'�,:;;r.
of its costs and expenses, including reasonable attorneys'fees. ,;�'_. ��
B. The failure of either party to insist upon the strict performance of any 't`�` � ��
rovisions of this A eement or to exercise an ri ht or o tion available to it, or to serve an t'r':> •
` P 8r Y B P Y (�--�;.� :
+ notice or to institute any act[on, shall crot be a waiver or a relinquishment for the future of any t;s:,:':;
such provision. � 7
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 ame�ed, nor may any righu hereunder be ;�;j
waived,except by an insWment in writing executed by the parties heteto and duly recorded in �
�'
the reai estate records. �;�:.
� F 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,inctuding the benefits and burdens ;•`
created thereby, shail run with the land. �
� G. In the event any clerical, administrative or other errors are found in this
4 agreement or any legal descriptioc►s or other exhibiLs hereto or in the event any extubit shall be .
- � missing,the parties agree to pmmptly 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 shail 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 �', : .
i.
_;� maintaining trails or(ii)the City of Aspen,Colorada "°
17 I. All provisions of this Agreement itture to the benefit of and are binding ���
upon the parties hereto, their heirs, successors,assigns and personal representadves. `;
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#.-3632:�8 11/ii/93 16:12 Rec $.44 RY: 730 PG �<1 fa'%
5ilvia Drvis, Pitk;in Cnty Cler•k, Doc �.+=��i �'``
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IN W'1TNESS WI3EREOF,the parties have executed this Agreement as the day � �°
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and year first above written. ;{� .�-
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PEARCE: COUNTY: ',�•�_:`•.':,.
.:�
PEARCE EQUITIES GROiTP II THE BOARD OF LINTY COMMISSIONER3, _ _
LIMITED LIABILITY COMPANY, a PITKIN COUN ,COLORADO '�;;.�r',. '.
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Utah Limited-9iability company ;_:=�.- •
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By ,- By: ;_:�:��:
' 7a T. Pearce,Jr., B'1 Tuit ,
` Member Chairperson "''`"�- •
i STATE OF COLOAADO ) �+
)ss. ��
i COUNTY OF PTTKIN ) ��j
r The foregoing Trail Easement was acknowledged bePore me this �day of ;` � J '
, 1993 by James T. Pearce, Jr., Member of Pearce Equiues Group II �
� Limit d Liabiliry Company,a Utah limited liability company. •
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� WITNESS my hand and official seaL '
; My commission expires: (�(- �j 56 � �'
� (//�f�^�'V _"� � ,•4 �t,• �.,�, y� . .
� Notary Public ��;-,,...... .a�" �.
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STATE OF COLORADO ) ' �:.��GnL1� � _��rl;•
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� COUNTY OF PITKIN ) . ��'
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— The foregoing Trail Easement was acknowledged before me ihis ����day of�' � '
�,"�(,-yv�,�,�(/i Z993 by Bill Tuite as Chanperson of The $oard of County .
Commissioners,Pitkin County,Colorado. i�+�' ,� '
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� WITNFSS my hand and o�cial seal. ;=�° ••,r=.
: . :=��� and:.�, .__
iMy commission expires: t"Z-'2j���j "-�� ��' �
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