HomeMy WebLinkAboutbocc.con.057.1996 . 1..���~ �� ��y � -
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39�185 05/30/96 Q4:33P F'G 1 OF 5 REC DOC UCC .+. :"
5IW TR DFaVIS GITKIN COUNTY CLERK & RECORDER 0.00 _ �
BIGHORN iD . PUD `'�
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�'�1NCTRTT(`TT(1N T T(`FNCR ANII F.ASFMENT A(iRF.EMENT ',, �.
(Above Reservoir Road)
This Construcrion License and Easement Agreement("Agreement")is made and entered
into this�day of a. ,1996,by and between Peter A.Martin,as Trustee of the >Y.
Peter A.Martin,P.A.,Mone, Purchase Plan,Dale E.Darnell,and Pamela J.Darnell(hereinafter .
referred to as"Gnntors")and Pitkin County$oard of Commissioners(hereinafter referred to as . •
"Grantee.") ; �
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1. Grantors are the owners of the properry described
pursuant to deed recorded in Book 620 at Page 239 of the Records of the Pitkin County Clerk and
Recorder{hereinafter referred to as the"Property.") !.
2. The Board of County Commissioners of Pitkin County,Colorado,approved the �
- Grantors'application for detailed submission approval pursuant to Resolution No.94-71,recorded
in the Records of the Pitkin County Clerk and Recorder at Book 752 at Page 455.
3. 1'he BOCC approved the Grantors'final plat for the Bighorn Ridge PUD pursuant
to Resolution 96-80,recorded in the Records of the Pitkin County Clerk and Recorder in.Seek ;,�
� at Paue q,� /�j,Ce,�O'�YeN /l.b•3 9 a�s3.
4. As conditions of the aforesaid Resolutions,Grantors have offered and are required
to grant a construction license and trial easement across the property,
S. Grantors desire by this instrument to establish and convey to Grantee a license and
easement for construction of a perpetual non-exclusive easement across the Property for the use �
described herein along the alignment shown on the piat of the Bighorn Ridge PUD,recorded at
Piat Book �_, Page $,3 , made a part hereof, and to establish the conditions for the
conveyance of such license and easement.
6. Grantee desires by this instrument to accept said license and easement in
compliance with the aforesaid Resolution, subject to the conditions and restrictions set forth
herein.
7. Grantors desire hereby to convey a trial easement"as constructed."
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NOW THEREFORE,for and in consideration of the mutual covenants set forth herein and
for other good and valuable consideration, the receipt and sufficiency of which are hereby `.,
acknowledged,the parties agree as follows: . '�
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1. �rant of i icense. Grantors hereby grant unto Grantee, its successors and '.
assigns,a license across a 100 foot strip of land on the Property,located on the eastem portion
of the Bighorn Ridge PUD, as shown on the plat thereof recorded at Plat Book�at Page
�of the Records of the Pitkin County Clerk and Recorder. This license is for the purpose
of construction of a 10 foot trail easement for pedestrian and equestrian uses only. This license
includes permission for access by construction,excavation,and backfill persannel and equipment, •
inc�uding access for laborers,contractors, other personnel,and construction equipment for the
purpose of constructing a pedestrianlequestrian trail,and for no other purposes. .
� 2. ['onstruction and i�aintenance Aciivitie�. Grantee shall be solely responsible for
the construction of the trail and any improvements associated therewith and shall be responsible
for any and all costs associated therewith, Grantee shall, in a prompt and timely manner after
completion of such construction, clean up and revegetate any disturbed areas of the Property
contained within the boundaries of the license estate,to restore such proper[y as nearly as possible
to its prior condition.
- 3, TP�of i ence and a ement, The term of this Construction License and
$asement Agreement shall be in perpetuity from the date of the recordation of the fuial plat of the
Bighorn Ridge PUD. Construction shall be at the option of the Pitkin County Board of Counry
Commissioners.
4. �nL.
(a). Upon completion of construction,as contemplated by this Agreement,the Grantee
shall,at its sole cost and expense,provide to the Grantors and record a written description of a
ten foot trail easement,as constructed,tocated five feet either side of a center line to be described
' ' therein.
(b) (i) The use of the Easement is limited to pedestrian and equestrian recrea[ional
uses only,by the public without consideration. Commercial use of the Easement by the Grantee
or any member of the public is prohibited.
(ii) Grantee shall have the right to operate outside the Easement,occasionally
and temporarily only, to the extent necessary in the exercise of its trail maintenance and
management responsibilities, for the limited purpose of removing rocks, dirt, or vegetation '
interfering with the use of the Easement,minor earth moving necessary to maintain the surface
and to insure proper drainage. However, no trail cutting or vegetation removal is permitted
outside of the boundaries of the Easement. No other uses are permitted beyond the boundaries
of the Easement without the prior written approval of the Grantors. .`
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(iii) No dogs shall ever be permi[ted within or upon the Easement. °
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(iv) No camping,fires,firearms,or noisy or otherwise offensive behavior,no �.
trespass onto to adjacent private lands,and no commercial uses whatsoever shall ever occur or
be permitted on the Easement.
(v) The Easement is hereby declared to be part of the Pitkin County Trails Plan
and shall be governed by the appticable caunty rules and cegulations,as existing or as hereafrer -r
amended,consistent with the Use Restrictions and with the Rights Reserved in Grantors. �
(c) Grantee hereby assumes complete responsibility for and agrees to care for, and �
maintain the Easement en a clean and attractive condition and in good and safe order and repair '
at its sole cost and expense,unless the need therefore is caused by the Grantors,in which case the ;
Grantors shall perform the maintenance or care so required. Except for minor grading and the
removal of vegetation as necessary,the natural topography and vegetation of the Easement shall
never be altered or disturbed in any way. The Grantee may contract with a third party to cazry
out these care and maintenance requirements,which contract will not change or alter any of these ,
requirements,or relieve the Grantee of any of its responsibilities under this Agreement. �
(d) Grantee acknowledges that portions of the easement may be subject to geologic
hazards and Grantee agrees to warn the public of such hazards by placing signs at the forma(
entryways to the trail.
�c.
5. Termination. The easement contemplated by this Agreement may,with the consent
. of the Board of County Commissioc�ers,which shall not be unreasonably withheld,be closed or
restricted if future use detracts from the Grantors' purpose of maintaining the property in its
natural state. Default under Section 3 or recurrent incidents of rowdy behavior or accumulations
of trash or Iitter shall be cause for termination.
6. �tantee's Obli,g�tions to Defend. Hold Harmless and Insure. The parties
acknowledge that the Grantors are entitled to the benefits,protections and Iimitations of liabiliry
afforded by Colorado law, including C.R.S. 33-41-101, �t,.�. Grantee hereby agrees to
defend, including reasonable attorneys' fees,and hold harmless Grantors,their successors and
assigns, for 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 construction and use of the License estate or the Easement by "
anyone,including members of the general pubiic,excepting any such claims or losses which may
arise directly from the willful or grossly negligent acts of Grantors,their agents or employees,
or other claims as described in C.R.S. 33-41-104(1). Grantee further agrees to add Grantors,
their successors and assigns,as additional named insureds on its comprehensive general liability
insurance policy,which insurance shal]be maintained by the Grantee to provide protection against -
liability from claims arising out of the use of the Easement. Such insurance shall be carried in �
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393185 0:�/30/9E 04:3�G F'G 4 OF 5 ��Y`�`
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amounts not less than the liabiliry limits specified in C.R.S.2410-114(1),as it may be amended
from time to time, and shall provide Grantor with thirty (30) days written notice prior to �i,
cancellation or termination. Grantee shall,upon written.request from the Grantor, provide a
certificate of insurance as veri£►cation of compliance with these requirements. The parties • '� •
acknowledge that the Grantee is not,by the foregoing,making any representation about its legal
ability to defend and hold harttdess the Grantors against any claims,damages,losses or liabilities.
However,Grantee hereby reaffirms its agreement to so defend and hold harmless to the full extent
allowed under Colorado law.
7. Attorneys'Fees. In the event the interpretation or enforcement of this Agreement
should ever become the subject of litigation between the Grantors and the Grantee,the prevailing �- '
party shall be entiHed to an award of their reasonable costs and attorneys' fees incurred in !
connection therewith.
8. Binding Effect. This Agreement shall be binding upon and inure to the bene6t of
the parties hereto and their respective heirs, personal representatives, successors and assigns
forever. The benefits and burdens hereof shall also run with the title to the Property. This
Agreement may only be amended by a writing signed by the parties. This Agreement constitutes
the fully integrated agreement of the parties and all other agreements, representations, and
negotiations are merged herein.
IN WITNESS WHEREOF,the parties hereto set their hands and seals on the date first
above written.
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Peter A.Martin,as'Trustee of the
. Peter A.Martit�P.A.,Money Purchase
Plan �
Dale E.Darnell and Pamela J.Darnell
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By �%��-�::
Peter A.Martin
Attorney-In-F� t
Pitkin County Board of Commissioners
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airperson '� '•° y�'
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393185 0:,/30/96 04:�3F' PG 5 OF 5 : F°'•f;
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ACKNOWLEDGMENT '�,
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STATE OF COLORADO )
�-�'kt ti )ss:
COUNTY OF�B )
� ��On this�day of , 1996, before me, the undersigned � '
officer, personally appeared Peter A. artin, known to me to be the person whose name is �
subscribed as attomey in fact for Dale E.Darnell and Paznela J.Darnell,and acknowledged that
he executed the same as the act of I�is principals and that he further executed the same in his
capacity as trustee therein state,al1 for the purposes therein contained.
In witness whereof,I have hereunto set my hand and official seal.
My commission expires:��Z�I ' . '��� N F ��"
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STATE OF COLORADO )
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. COUNTY OF PITKIN )
yL� The foregoing instrument is hereby acknowledged before me this 30�' day of
. _�r/-L-Lpf , 1995,by the Chairperson of the Pitkin Couary Board of Commissioners.
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Witness my hand and seal. , . •••..+'o�"=,
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My commission expires: ��'.?0-�i�"
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