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HomeMy WebLinkAboutbocc.con.081.1996 �,. ���_�� �,�r;;;,., ��:.,. 395199 �7/29/96 03:29G F�G 1 OF 1� REC DOC UCC ' SILVIA DqVIS F'ITN.IN COUIVTY CLERN, & RECORDER Q�,�0 _ �ONSTR TIUN L•IC .N E A F. NT ` �.. THIS AGREEMENT,made this�day of__ _ _ � , 19�by and between �� �� Joy mith ("Grantor(s)"), and The Board of County Commissi ners of Pitltin County, Coiorado, a Home Rule County, existing under and by virtue of the laws of the State of Colorado("Grantee"). Y. ; WITNESSETH . WHEREAS,Grantor is the owner of certain real property located in(�o�+ 1-�t� �;►a i9,ao a k� � � Section�,Township 10 South,Range 84 West of the 6th P.M.,Pitkin County,Colorado,more fully described in Exhibit"A"attached hereto and incorporated herein by reference("Property"); and WHEREAS, Grantor wishes to grant to Grantee a public trail easement("Trail")to provide for a public trail across its Property, or su�cient property to support trail development, as set . out in the TRAIL AND TRAII,S FACILIZ'IES EASEMENT AGREEMENT ("Trail ' Agteement")of even date herewith, which is incorporated herein,by this reference and attached as Exhibit"C". WHEREAS,Grantee is the owner of a trail, in an area to the north of Grantor's Property, which was constructed in 1994 and is known as the"East Aspen Trail";and '- *- WHEREAS, Grantee wishes to incorporate the existing privately-built soft snrface trail, a portion of which crosses Grantor's Property, as a segment of an extensi�n of the East Aspen Trail,and Grantee intends to repair and upgrade the existing privately-built trail to Pitkin County Trails Design and Conctruction Standards;and WHEREAS, Grantor and Grantee wish to set forth in this Construction License Agreement the nature, terms and conditions under which Pitkin County might gain access to and across . portions of Grantor's Property, as shown on Exhibit "B" and designated as "Travel and Construction Activiry Area" for purposes of constructing, repairing and/or upgrading the Trail pursuant to the Trail Agreement,and assceiated construction activity therewith. NOW, TH�REFORE, for and in consideration of the mutual covenants, agreements, representations and warranties herein set forth, and for other good and valuable consideration, � the receipt and sufficiency of which is hereby acknowiedged by the parties' execution of this � Agreement,the parties hereto agree as follows: � i / ',;,;. , � ,�;'.?��,,, �.:.�,;:- F�,.. _.J; ;�:, .� 1,nFSIGNATION OF ACTIVTTY AREA. ��' �.. Grantor hereby grants to Grantee, for the purposes of the construction,upgrade and/or repair of ry � ''. the Trail,a twenty foot(20')wide temporary access conidor along the alignment of the Trail for " � access to and across a portion of Grantor's properry as shown on E�chibit"B" attached hereto, i � and designated "Travel and Construcdon Activity Area" ("Activity Area"). Grantee and its - contractors will limit their activiry on Grantor's Property to the Activity Area. The travel route ','� ro and from the constreiction site will adhece generally to the location of the Trail alignment as `" r designated on Exhibit"B". The boundaries of the Activity Area will be staked by Grantee,and Grantee's contractors will be instructed not to operate ouuide those staked boundaries uniess � . � under emergency circumstances or unless both Grantee and Grantor have been noticed by the Y ` contractor of the necessity of operating outside those boundaries and have provided their mutual ; consent to those operations. � - `' 1 2.FOiTiPMENT MATR TA _ ND P RSONN •t.. ; � �',"?' Equipment and materials may be siored within the Activity Area if necessary during the C��. construction period. Equipment accessing the site from time to time during the construction :� � period may include, but not be limited to: backhoes, pickup or flatbed trucks, crane, cement • trucks, dump trucks and butldozers; provided, however, Grantee agrees to keep to an absolute ' minimum the number of trips across the Activity Area made by tracked vehicles. No personnel will be on the site and no equipment will be operated except during regulaz conshuction hours as noted below. No personal vehicles, campers, pets or other personal property wil! be allowed - within ihe Activity Area or any other portion of the Property at any time. At no time will � construction vehicles or equipment block access to or from Grantor's Property or in any other way interfere with the use and enjoyment of the Property by its residents or visitors or with emergency access to and from the Property as further set out in the Trail Agreement. 3.HO RS AND P .ROD OF ACTIVTTY. Hours of operation will be limited to 7:00 AM to 7:00 PM Monday through Friday. This f Construction License Agreement will be in efFect from the date hereof until December 31, 1996, ° upon which date it will automatically terminate unless extended beyond that date by mutual t� agreement of the parties. I• . - � 395199 iD7/c^9/9C 03:�9G F'G : OF 16 �.� �. v. � j - i 1 ��' � �. , + e .,.i ���': " '�;,::_ t;: �. . :. . 4,�runri.nFVFi OPMENT AND REGL.AIV ATION. i�: �. ' ;. Grantee shall use its best efforts ro compel its contractors to cocreplete the work contemplated by �`��' - this Agreement as expeditiously as possible,however,Grantor acknowledges that certain matters f. ' may be beyond Grantee's control, including, but not limited to, adverse weather conditions, utility company schedules, etc. To the extent that the Activiry Area is damaged by trail installation by Grantee, Grantee hereby commits to complete,at Grantee's expense,reclamation 'i,�°.. of such damage to as near as possible the condition which existed prior to trail installation by Grantee, within 30 days of termination of the construction on the trail or the use of the Activity '� r Area. Such reciamation may include,but is not limited to,replacement of destroyed or damaged trees, shrubs and grasses, restoration of natural contours and drainage pattems, replacement of • ' pavement or other structural elements of Properry roadways or facilities,cleanup of vegetation or construction debris and repair or replacement of any damaged sprinkler system or]andscaping features. It is understood that reclamadon,to the extent reclamation cannot be complered within • the current growing season, may extend beyond the initial 30 day period. The parties agree to inspect the Activity Area upon the conclusion of tzaii construcNon to make a detailed, mutually . agreed upon, determination of reclamation requirements, to prepare a detailed list of required �, reclamation activities and to append that list to this Construction License Agreement and incorporate it herein by reference. The reclamation will include any remediation requiced by or . enforced by the U.S. Arrny Corps of Engineers, Pitkin County, State of Colorado, or other � applicable governmental regulatory or enforcement body. � i 5.NAMED AS ADDITIONAL NCURFD. ' i Grantee will name Grantor as an additionai insured under the terms of Pitkin County's � � comprehensive liability insurance policy during the term of construction and reclamation, said , coverage to be extended upon recordation of a Trail Easement Agreement conveying the trait easement to Grantee. Grantee shall not enter the Property nor commence any work referenced in . this Agreement until such iasurance coverage has been extended to Grantor. Grantee shall . deliver to Grantor a copy of the CertiFicate of Insurance for such insurance policy.The insurance policy shall provide that, as to Grantor, the policy shall not lapse, be canceled, be amended or modified in any way untess the insarance co�repany shall have first given each of the parties thirty ' (30)days prior written notice thereof at the address of each insured as provideci herein. In the event of Grantor receiving said cancellation notice, Grantee will provide replacement insurance and provide Certificates of Insurance,as set out in this paragraph. Grantee will assure that there is no lapse in coverage to Grantor. 395199 07/c9/96 Q�3:°c:9P PG 3 aF 16 , 3 � ' ' �';"�. -� , s � • � 1 :}.. ,�t.'.�'�.N��_ £�^,r��;�. �;���n:,�•,�:. 395199 07/29/96 @3:29F� f�G 4 OF lE " . r` , `;. , c 6.COST. ,;. r`; Grantor agrees that there are no sums to be paid Grantor under this Agreement. Grantee agrees ' �'� that all costs of construction,reclamation and maintenance will be bome solety by Grantee. �.r:.°:: 7.MISCEL.L.AN�OU�. :;.';r.� ^� Grantee represents that it has obtained,or will obtain,at its sole expense, any and all necessary � permits, clearances and reviews from relevant agencies, including the U.S. Army Corps of ' Engineers, the Aspen-Pitkin Planning Office, and the Pitkin County Engineer for the ' construction contemplated by this Agreement. 8.NOTICE. All noti�es required or permitted hereunder will be deemed delivered when hand delivered or ''� when mailed, by certified mail, retum receipt requested, to the parties and at the following � ' addresses or such addresses as the respective parties may in wridng hereafter direct: � Grantor: Joy Smith � � c/o Kaufman&Peterson,P.C. 315 East Hyman Avenue C ''' Aspen,CO $1611 i. � • Grantee: Board of Counry Commissioners F of Pitkin County • 506 East Main Street ; Aspen,CO 81611 � 9.ATTORNFYS'FEBS. . In the event of litigation arising from the interpretation or the enforcement of any of the terms or � provisions of this Construction License Agreement, the parties hereto agree that the prevailing 3 �: � �L . � i • �' . -.. , . ,:,- , -:.; "� � k. 395199 �7/',?9/96 0�:c9G F'G 5 OF 16 �ry t;.�.��•. ���::. �;<'�.',�, party in such action shall be entiHed to recover its At[orneys'fees,expenses and court costs from ; �; � the other. - t•;: .� '� '�. IlV WITNESS WHEREOF, the par[ies enter into this Construction License Agreement as of ' • the day and year first above written. `' ��. . i�` GRANTOR(S)• , � . ":���:7'•. Jo mi �' _ . �.. i . ` l., � 1 STATE OF COLORADO ) )ss. �' COUNTY OF PITKIN ) � �' - The foregoin ment was acknowtedged before me this 1� day of N� �j/ `�l S�n„7N — i � "^�''k�0 Witness nd a f�i 'al al. My co is o 2 - �� _�40 � �lf Uf C��'Ua' '__L No Pub'c t r?. ' ATTFST: GRANTEE: BOARD OF COUNTY COMMISSIONERS OF PITHIN �' , COUNTY,COLO DO - J r ,. � � By: � Jea �tte Jones . • e l �k (/i�, � Deputy Clerk and Recorder v1(,i Chairman � '{ �Lt�F DATE: � � _ �: i j . ;�:: / . �.'.• . -� � . �a' . �:. ,<+,:; , .. - .r. .,t, . . _ . � r `� , ��� z�. f�� .�. �::.� .54.;.� . {. 'r: APPROVED AS TO FORM: MANAGER APPROVAL: ;:, .,, , �*. :`,r• - J � ' � De rah Quinn Suza Koncha Assistant Counry Attorney Coun y Manager ," ` �.:::•_.. I:a.`:Y' �. 1 .'' t ;. ' APPROVED AS TO CONTENT: !. ' �/����-�. �.��� ,. - Chairperson Open Space and Trails Board of Tmstees �yl / RECOMMENDED FORAPPROVAL: E•: ( � ` ,�.Pi uc�.(�d`¢u� � ne Ellen Hamiltoa,Chief Executive Officer t Open Space and Trails �, � �:c���y ��� d�'`, 7.�/�%G �;�"` pcmac�wwakontraaWn;tl�.�ic / 395199 07/29/96 03:29P P6 6 OF 16 r I 'i. ' � � -_ � I � � . . (g�,�._ ' . r - _ . ; . ,:. , . _.; M�A." .:�d:�: �. .. � ' ' :, ,, .'�:' •., . .?.., 1 �..`r�: 'r 4 �� �k { Ili:.tyr�s�� �� . . �.�.. .- ..... � � ' �:� . .. . .. . .. ... . . .. ... �� �. �y3.�,1:: �rs•h�x.• �". ' tr'.:i..:��V�•�,',��. . ' 395199 07/29/96 Q�:29F� PG 7 OF 16 '� `-n. �� .� ti.. y'. '�' Exhibit A � � �'J:..�:i . t: That portion of Govemment Lot I5,lying Southwesterly of Highway 82,and Government Lots 18, ���r � 19,20 and 28,of Section 20,Township 10 South,Range 84 West of the 6th Principal Meridian., except for those portions of said Lots conveyed to The Nature Conservancy by Deed recorded in ' � Book 339 at Page 540,and except of that portion of said Lot 20 conveyed to Lewis by Deed recorded � �. ` in Book 295 at Page 371,Pitkin County,Colorado. ; E�= � F �. : if' �,'. _ J t *i i. � u • �r ,�t �il oz�i.nm � I� � : . . :;t � ' - . . ,�''_ . �. ^ � . � ;'s�' , tz.. ` -:� �y,, � °G�` � ' jC ''v1�'at;;�1 k,�r�4yS 1. �r �y. �� . . .ki.:t� �iY" -} .�� �� �Y� � �e� 1� ��} . ' J�•A � �� . .. t :� r - ,�'i�:. •i� h���;a��i���J���Wi* +:r�+kp�:.s�c, �� , a { .. : . � Fs t :5�., �dc� ko t ��= h ' ! '. .. � -�l 'w;y ��,.'�� �'.+�J�f k- . � Y� . '. �' � �. 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THIS AGREEMENT, made this day of_ , 19 _, by ` � and between Joy Smi h, Owner(s} (hereinafter referred to as�Grantor(s)"), and � TI� BOARD OF COUNTY CONIlVIISSIONERS OF PITKIN COUNTY, � COLORADO, a Home Rule County, existing under and by virtue of the laws of ` the State of Colorado(hereinafter referred to as "Grantee"). i WITNE TH ? WHEREAS, Grantor is the owner of real property located in , Secrion_, Township 10 South, Range 84 West of the 6th P.M., Pitkin County, Colorado, more fuliy described on E�ibit "A" attached hereto and incorporated herein by this xeference(hereina8er referred to as the "Property");and �'� WHEREAS, Grantor wishes to grant to Grantee a trail easement across its Property, generally located to provide a public trail along the eastern boundary of said Property;and WHEREAS, Grantor and Grantee desire to set forth in this Agreement the nature, terms and conditions governing the Iocation, development and use of the � trail easement. NOW,TIiEREFORE,for and in consideration of the mutual covenants and agreements hereinafter set forth,and for other good and valuable consideration,the • receipt and sufficiency of which is acknowledged, the parties hereto agree as follows: I. Grant of Trail .acemen , Grantor hereby grants to Grantee a perpetual, . non-exclusive public trail easement and right-of-way being twenty feet (20') in . - 395199 �7/�9/9b �3:29F� F'6 4 OF 16 , r �„ t ':�'4� . � , r s • � __ :�;: , , ��n`: 395199 @7/�9/96 @.::c9fi F'G 147 OF 16 �. �.. width, generalty located along the eastern boundary of said property, as the same is ` `= . shown on the attached Exhibit "B" incorporated herein by this reference ��� '., (hereinafter referred to as the "Trail Easement"), subject to the terms and `�'° '� ,.: ..�. conditions set forth in Paragraph "3" and eisewhere in this Agreement. It is agreed _ and understood between the parties that the twenry foot (20') easement is granted � ` ��` to provide a trail tread eight feet(8') in width and twenty feet(20') for access by emergency and/or maintenance vehicles. - 2. J�. The Trail Easement granted by this Agreement may be used by the k'.Y public for all trail purposes and uses specified herein. The Trail Easement is ��-. • • granted for use by the public of a non-motorized travel route across Grantor's ` • property for pedestrian, bicycle, cross-country ski, equestr�an and similar use; and `' for County maintenance vehicles, emergency vehicles and equipment. All of the ; • foregoing uses shati hereinafter be referred to as "Permitted Uses". � Further, Grantor shall have the right to use and occupy the Trail �'�� Easement for all purposes which are not inconsistent with Grantee's full enjoyment �"', - o f t he rig hts hereby granted. Specifically, Grantor will be allowed vehicular and 44 pedestrian use across the Trail Easement if the easement crosses or overlaps the y Grantor's access to residences or facilities within the Property, by improved or unimproved roads which will not be modified by the Trail Easement granted hereunder. The right of ingress and egress and the responsibilities associated with - such right reserved by the Grantor, shall inure to the benefit of all Grantor's successors and assigns to insure their reasonable access to the Property and various parts thereof_ �:`. 3. Grantee's Responsibilitv. Grantee will be responsible for development �� (including the costs of any land use approvals), management and maintenance of � the above described Trail Easement and/or related faciIities in accordance with � • adopted and applicable trails design, construction and management standazds and , buiiding code and land use regulations, including appropriate signs for purposes set • forth herein. Informational signs installed by Grantee shall be substantialty in the � form set forth in Exhibit "C" hereto. Grantee, at Grantee's expense, shall cause an "as-built" survey to be created reflecting the actual location of the Traii � � Easement and recorded in the records of the Pitkin County Clerk and Recorder. t The parties agree that such survey shall supplant Exhibit "B" to this Agreement, � 2 i . � , . �' � ' � ,.; 395199 07/29/9E a3:c9�� F'G il OF 16 �'� and in the event of any conflict between the two, the survey shall control. The - . survey will reflect a location for the Trail Easement substantially as shown in : ` Exhibit "B" or as agreed to by the parties hereto by a subsequent written ~� modification. In the event the grant of this Trail Easement requires a replatting of ��. �.,. the Property, Grantee shall undertake such replatting at its expense. Grantee will be responsible for constructing the trail and any related facilities in a safe, stable . and aesthetically-acceptable manner. Grantee shall post signs along the Trail �'°.. Easement which identify Permitted Uses and rules for public use of the Trail Easement, and shall prohibit any use of the Trail Easement other than the � `�. Permitted Uses. Grantor shali also have the right and authority to enforce any . violation of the restrictions on the use of the Trail Easement as set forth herein. - All informational signage will be constructed of wood and/or metal and blend into the natural environment to the extent possibie. Hazard warning signs will be constructed of inetal. The trail will be aesthetically constructed and blend into the natural environment to the extent possible. �� It is also specifically agreed by Grantee, that as additional consideration for the granting of this Trail Easement by Grantor, Grantee agrees, as to the trail that - already exists on the property,to: - a. Where the Trail Easement coincides with the existing trail, improve the existing trail to the standards for the Trail Easement under this Agreement; and � �� b. Where the Trail Easement does not coincide with the existing trail, the � existing trail wili be removed and the lands where said trail is � remaved, restored to a natural condition and revegetated as therefore � necessary;and a Where the existing or the proposed trail has damaged or will damage a "wetland" as defined by applicable law that requires remediation and restoration pursuant to the standards of the U.S. Army Corps of Engineers, Pitkin County, State of Colorado or other relevant regulatory or enforcement body, then Grantee will be required to fully � remediate and restore said lands, as required by law and said regulatory bodies, and Grantee will pay the full cost thereof; and , 3 i - . � �` . �`,... , � :z' , . ,��,,. �,..,.:. 395199 a7/29/96 03:29� FG 1'2 OF 16 �'�" `,, . d. The above requirements will also apply to any subsequent relocation �`�,� and/or modification of the trail by Grantee. � •�. By accepting the easement granted hereunder, Grantee agrees to reserve to Grantors the right to claim full credit for the easement granted hereunder under the Pitkin County Land Use Code in any future subdivision or other land use application or approval relating to the Property. r�' 4. Grantor's Resnonsibilitv. To convey a perpetual, non-exclusive public • " trail easement, and to repair damage to the trail caused by Grantor, except as ' caused by the access permitted by Paragraph "2" above and the normal wear and tear created thereby. Such repair shall restore the trail to the condition which existed prior to such damage and shall be completed within ten (10) days of the damage occurring or notice from Grantee that damage occurred, whichever happens first. Should Grantor fail or refuse to complete such repairs, Grantee, at ' Grantee's option, may complete the repairs and shall bill Grantor for the cost of the repairs, which bill Grantor agrees to pay immediately upon receipt. 5. Maintenance of the Trail Easement. Grantee shall maintain the Trail Easement in good order and repair. Grantee shalt erect signs, in the form required by this Agreement, within the easement identifying the Trail Easement and ���= explaining the location of and limitations upon the use of the easement, if any, and shall place informational, directional, and safety signs where necessary at its � expense. Notice to Grantor wilt be required prior to installation of the above referenced signs, but approval of Grantor for such installation shall be deemed • granted by execution of this document. 6. No Easement for Access. Nothing herein shall be construed to grant an � easement across other property of Grantor in order for individuals to gain access to the Trail Easement. Grantee shall post signs notifying the public that private property is being crossed and to stay on the Trail Easement. 7. Insv�anc�. The parties expressly acknowledge that Grantor is entitled to the benefits, protection and limitations on liability afforded by Colorado law governing recreational easements, Section 33-41-101 �. �., C.R.S. By granting � 4 Y ' , . ', . � ,, ,�t,<�Y••�i.`�. �(;.-' 395199 07/29/96 Q�3:�9F� PG 13 �F 16 �, `. the Trail Easement hereunder, Grantor shall have no obligation to repair, clear or : �,, otherwise maintain the area within the Trail Easement except as specified in this '� Agreement. Grantor has no obligation to insure or indemnify Grantee for any � . injury, claim or damage to any person or property, whether alleged to have occurred while using the Trail Easement for the identified purposes or otherwise and due to the condition of the trail or otherwise, unless such injury, claim or damage occurred as a direct and proximate result of a dangerous condition created by the actions of Grantor, Grantor's employees or invitees, that have immediate f r impact upon the Trail Easement. � . . By accepting the Trail Easement granted hereunder, Grantee agrees to add Grantor as an additional insured on any policy of liability insurance carried by . Grantee and insuring against all claims or losses. Grantee shall, within one (1) month after recordation of this Agreement, and on or before January 1 of each , subsequent year thereafter, furnish Cerdficates of Insurance to Grantor as ';• verification of the acquisition and maintenance of such insurance. The policy shall provide that, as to Grantor, the policy shall not lapse, be canceled, be amended or , be 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. In the event of Grantor receiving said cancellation notice, Grantee will provide replacement insurance and provide Certificates of Insurance, as set out in this paragraph within ten (10) days of such cancellation notice. Grantee will assure that there is no lapse in coverage to Grantor. , 8. I�uration_ Runs With The Pro�ertv. This Trail Easement is perpetual and irrevocable, and the burdens and benefits shall run with title to the Property and shall be enforceable against Grantor and Grantor's successors and assigns. i 9. Relocation. The parties reserve the ripht to relocate, at their respective costs, the Trail Easement to another location on or off of the Property which shall be acceptable to both parties, at any point in the future; and the parties shall agree , they shall relocate the Trail Easement to a mutually acceptable location in the event 1 unforeseen conditions(such as high ground water conditions or the like)so require. ` ' Any relocation will not result in a material change in impact of the trail upon the Property uriless agreed to by Grantor. The Grantee reserves the right to relocate ��• the trail easement to another Location off of the Property at any point in the future. r:;f ; . . ��. ; _ 5 ,, � ;;. , , �� . s ;9.i199 �D7/c9/96 03:29P PG 14 OF 16 '3,'t�;�'*.;��;"� �r;•_ . ,�.. In the event of any relocation by Grantee, the Grantee will be responsible for ���_� �+ reclamation and revegetation of the previously developed areas of the Property. In � � the event of relacation of the Trail Easement off of the Property, Grantor and :': Grantee shall enter into a written release of this Agreement and record the same in '�r�':�.�',, the real property records of Pitkin County. � 10. Condemnation. In the event Grantee or any governmental authority of i�'.:;. which Grantee is a part, seeks to condemn any portion of the Property, Grantee '� �r:,Y,. < sha1l not assert the existence of the Trail Easement as a factor diminishing the value of the Property. 11. Assignment. This Agreement and the various terms and conditions attached thereto may not be assigned by Grantee without Grantor's prior written consent, which shall not be unreasonably withheld. 12. Int�gT,�ion and Modification of Agr m n . This Agreement contains �;• the entire understanding of the parties. There are no representations, warranties, f.. covenants or undertakings other than those expressly set forth herein; and Grantor � � specifically acknowledges that all compensation and other considerarion for the � grant of the Trail Easement is accurately set forth in this Agreement and that there � is no other consideration to be paid other than as reflected in this Agreement. This p Agreement may not be modified or amended except in writing signed by all the �;,�� parties hereto. 13. �an ion,. All headings and captions are solely for identification purposes, and have no effect on the interpretation or meaning of the provisions € contained in each paragraph. �. ;• . 14. A orney,�' Fees. Should this Agreement or the relationship created � . hereby become the subject of litigation for any reason, the prevailing party shall be � entitled to its reasonable attorneys' fees, expenses and court costs from the other. 15. $inding Effect. This Agreement shall be binding upon the parties hereto,their heirs,respective successors,personal representatives and assigns. " r I 6 �' i - � ;:::. � A �_._... . . � , ", a .a :i ..tii.::., . . ... . . � , n . .�yld.!it.M1"`�t3,. 395199 07/�9/96 03:29P PG 15 OF 16 '*.''"� .;r��:T,�-' ��, '^�:;:;:,�y`.; �iL�.=::..;.�V;;:s� 16. Governing Law. The taws of the State of Colorado shall govern the ,`':'� , vaiidity, perfarmance and enforcement of this Agreement. �`� � `:�;� .s 3�' ;. 17. Notices. Notices and other communications which may be given, or are :y�.�.� ��� required to be given hereuader, shall be in writing and shall be deemed given to a ' •. party when delivered personally, or when deposited in the United States Mail with i�`•: sufficient postage affixed, certified arni return receipt requested, and addressed to such party at the respective address shown below: #.`�'� •-,r• Gra�' �CaIIt€&' :.�.� ,. .y.,' - Joy Smith c/o Kaufman&Peterson, P.C. Board of County Commissioners �,;;; 315 East Hyman Avenue of Pitkin County �� Aspen, CO 81611 506 East Main Street "`. � Aspen, Colorado 8I611 � ' �;� i- . K� IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. � GRANTOR(S): Joy Smith STATE OF COLORADO ) )ss. ' � COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this day of , 19_by j Witness my hand and official seal. � My commission expires: � r . �, Notary Public � _!; :�a . ..: ; 7 � i� ,� , . _ . 4;`�,,:_ � `' -. , � ' � . ,:�-�.: .,, �� �_�..____ ��,` ST.-.Jh �{J t..:",u. . , '.l ' n 2 t '}� . � '. '" �^ �� ` + ��" i' - r i'"wtW , � .. .,... ,..., .; e� �- � ... ;. � _•�, . . t.' ��.. ,,.,:..1.l�..... . .. . :� . Y., ... �. .. . . 14�:, • 395199 07/29/96 03:29P RG 16 OF 16 �'�', �,y. ATTEST: GRANTEE: ;, BOARD OF COUNTY COMMISSIONERS OF PITKIN '{��- COUNTY,COLORADO sy: . Jeanette Jones James R.True,Chairman Deputy CIerk and Recorder ' DATE: APPROVED AS TO FORM: MANAGER APPROVAL: Deborah Quinn Suzanne Konchan Assistant County Attorney County Manager . , APPROVED AS TO CONTENT: � Chairperson � + Open 5pace and Trails Board of Trustees ; 1 RECOMMENDED FOR APPROVAL: � Jane Ellen Hamilton,Chief Executive Off'icer Open Space anci Trails pcmx�vrom�oo�xiacttsmiA�.eu 8 1 i , . ���`���-°;;_.- � ��. � . ti . ` � ` . ,��+� � .:; .