HomeMy WebLinkAboutbocc.con.096.1996 :��,: � , � ..
39C344 2+8/2a/9E 12:Qt9G F'Ci 1 QF 9 ��' �
. 5SLVIA DAVIS F'ITY,IN COUNTY CLERK & RECORDER ��C�Q DOC UCC �r ' `�
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CONSTRIICT20N I,ICENSS AGREEMENT � `'
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THI3 AGREEMENT, made this�day of , lg�, J .�"
by and between Peter N. and Barbara B. Guy "Gr or(s)") , and The '� .��,
Board of County Commisaioners of Pitkin Count , Colorado, a Home
Rule County, existing under and by virtue of the laws of the State
of Colorado ("Grantee") .
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W I T N E S S E T 8
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WHExEAS, Grantor is the owner of certain real property located �
in Lots 23, 24, and 25, Ssction 20, 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 'to provide for a public trail across its Property, or
sufficient property to support trail development, generally located
along the alignment of an existing privately-buiit soft surface �'
trail, a portion of which traverses Grantor�s Property; and '
. 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 private].y-
built soft surface trail, a portion of which crosses Grantor's r,.
Property, as a segment of an extension of the Bast Aspen Trail, and f,
Grantee intends to repair and upgrade the existing privately-built
� trail to Pitkin County Trails Design and Construction Standards
prior to any consummation of a Trai2 Easement Agreement with :
Grantor; 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 Pxoperty, as shown on Exhibit "B" and designated as
"Travel and Construction Activity Area" for purposes of repeiring
and upgrading the existing trail and associated construction
activity.
NoW, THEREFORE, for and in consideration of the mutual
covenants, agreemer_ts, representations and warranties herein set
forth, and for other good and valuable consideration, the receipt '
and sufficiency of which is hereby acknowledged by the parties'
execution of this Agreement, the parties hereto agree as follows:
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l. DESIGNATION OF ACTIVITY AREA. �
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Grantor hereby grants to Grantee, for purposes of trail �"�.
conatruction and repair, a twenty foot wide temporary access ' �
corridor aZong the alignment of the existing trail for access to
and across a portion of Grantor's property as shown on Exhibit "B"
attached hereto, and designated "Travel and Construction Activity
Area" ("Activity Area") . Grantee and its contractors wi11 limit
their activity on Grantor's Property to the Activity Area. The
travel route to and from the construction site will adhere
generally to the location of the existing trail alignment as �
designated on Exhibit "B��. The boundaries of the Activity Area . -
will be staked by Grantee, and Grantee's contractora will be ,
instructed not to operate outside those staked boundaries unless
' under emergency circumstances or unless both Grantee and Grantor
have been noticed by the contractor of the necessity of operating
outside those boundaries and have provided their mutual consent to
those operations.
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2. EOUZPMENT. MATERIALS AND PERSONNEL. 5�,�p�II ��
Equipment and materials may be sto d within the Activity Area if
' necessary during the construction eriod. Equipment accessing the
site from time to time during the construction period may include,
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,but not be limited to: backhoes, pickup ��� trucks, ��
�J��' �- ,n dump trucks 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 except during regular construction hours as
- noted below. No persona2 vehicles, campers, pets or other personal
property will be allowed within the 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 intexfere with the use and enjoyment of the
' Property by its residents or visitore or with emergency access to
and from the Property.
3. HOURS AND PERIOD OF ACTIVITY.
Hours of operation will be limited to 7:00 AM to 7:00 PM Monday
through Friday. This 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 agreement of the parties.
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s96344 @8/�3/96 2z:09F' F�G 3 OF 9 '��*'et',
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4. TRAIL DEVELOPMENT AND RECLAMATION.
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Grantee shall use its best eEforts to compel its contractors to ti,
complete the work contemplated by this Agreement as expeditiously �
as possible, however, Grantor acknowledges that certain matters may +,„
be beyond Grantee�s control, including, but not limited to, adverse '.
weather conditions, utility company schedules, etc. To the extent
that the Activity Area is damaged by trail installation by Grantee,
Grantee hereby commits to complete, at Grantee's expense,
reclamation of such damage to as near as possible the condition
which existed prior to trail installation by Grantee only, within
30 days of termination of the construction on the trail or the use
of the Activity Area. Such reclamation may include, but is not
limited to, replacement of destroyed or damaged trees, shrubs and ` �
grasses, restoration of natural contours and drainage patterns, -
� replacement of pavement or other structural elements of Property
roadways or faci2ities, cleanup of vegetation or construction
debris and repair or replacement of any damaged sprinkler system
or landscaping features. It is understood that reclamation, to the
extent reclamation cannot be completed within the current growing
season, may extend beyond the initial 3o day period. The parties
agree to inspect the Activity Area upon the conclusion of trail
construction to make a detailed, mutually agreed upon,
determination of reclamation requirements, to prepare a detailed
. list o� required reclamation activities and to append that list to
this Construction License Agreement and incorporate it herein by
reference.
5. NAMED AS ADDITIONAL INSURED. �
Grantee will name Grantor as an additional insured under the terms
� of PiCkin CounCy's comprehensive liability insurance policy during
the term of constxvction and reclamation, said coverage to be
extended upon recordation of a Trail Easement Agreement conveying
the trail easement to Grantee. 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
sha1Z not lapse, be cancelled, be amended or modified in any way
unless the insurance company shall have first given each of the
parties thirty (30T days prior written notice thereof at the
address of each insured as provided herein.
6. COST. ,
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 borne solely by Grantee.
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396344 �^ "'�'
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7. MISCELLANEOUS. ' !'+� ,
Grantee represents that it has obtained, or will obtain, at its " �ti
sole expense, any and all necessary permits, clearances and reviews .
from relevant agencies, including the Army Corpa of Engineers, the ' :;y
Aspen-Pitkin Planning Office, and the Pitkin County Engineer for ' •.
the construction contemplated by this Agreement.
8. NOTICE.
All notices required or permitted hereunder will be deemed 'Y�
delivered when hand delivered or when mailed, by certiEied mail,
return receipt requested, to the parties and at the following . -
addresses or such addresses as the respective parties may in .
writing hereafter direct: z
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Grantor: Peter N. and Barbara B. Guy
PO Box 412
Aspen, CO 81612
Grantee: Soard oE County Commissioners
of Pitkin Coun[y
506 East Main Street
Aspen, CO 81611
9. ATTORNEYS' FEEsS. �`
In the event of litigation axising 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
, party in such action shall be entitled to recover its Attorneys'
fees, expenses and court costs from the other.
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39E�;44 08/'�FI/9E+ ic:09F� RG 5 QF 9
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IN WITNESS WHEREOF, the arties enter into this Construction ;�`'-,-.;•":>.
P , ,„, t: .:.,
License Agreement as of the day and year first above written. ;-�,_
GRANTOR(S): '3i� -;
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STATE OF COLORADO } �,: '•
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COUNTY OF PITKIN )
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The foregoing instrume t was acknowledged before me th�,wl'd,� �
day of • l�by „�."t'"'. ,.. : f,
� —rt� r' , 1.E�R:.., ;
witness my hand and official seal. ,r ,ti<•L "'• .,�G-,.•. �f?:
Woomo�,p�v�ies r �` �.1���:i,1j �'-:��:
- My commission expires: °�ed�ir,rd - j- :,�. �
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Not ry Public ,_,,;�„„;.���°
STATE OF COLORADO ) '
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COUNTY OF PITKIN )
• The foregoing instrument was acknowledged be£ore me this � y
. day of t-�bru s , 19�by �.
- Witness my hand and official seal. , •"" �
My commission expires: �ise�f�'��.��`�`� R''�'
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Nota�y Pub1iC , 4r.�C��� �
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ATTEST: GRANTEE: � � '
BOARD OF COUNTY �'- `:
COMMISSIDNERS OF PITKIN � A>
COUNTY, COLORAD p�`�.�•�,��
U � BY:
Jea tte Jones — T.`^
De ty Clerk an ecorder Chai man ,'j�/� %���,�-� �. �
DATE:
6 ;t>7_�.
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APPROVED AS TO FORM: MANAGER APPROVAL: �
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� John Ely Suza e Konc n rti,
County Attorney Coun Manag 'p``
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APPROVED AS TO CONTENT: �-.��%( 1
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Chairperson
, Open Space and Trails Board of Trustees
� � RECOMMENDED FOR APPROVAL:
L�"�G�`'� '
J e Ellen Hamilton, Chief Executive Officer
n Space and Trails
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��''� 396344 08/�3/9E 1�:09G PG 7 OF 9 �g��-'
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Exhibit"A"
�gal Desrrjption
A parcel of land situate in Lots 24 and 23,Section 20,Township 10 South,Range 84 • � .
� West of the 6th P.M.,Pitkin County,Colorado,being more particulazly described as
follows:
Beginning at a point on the Westerly right-of-way line of Colorado State Highway No.82
whence the Southeast corner of Section 20,Township 10 South,Range 84 West of the `
6th P.M.,as set and dated 1967,bears South 50°42'30"East a distance of 639.87 feet;
running thence South 62°44'West a distance of 367.81 feet,to the Easterly property line
of Alice Scudder property;thence North 23°09'West for 244.38 feet,to set corner stake
with no identification;thence North 7°19'East a distance of 69.14 feet;thence on a curve
• to the right haviag a radius of 45.0 feet for 64.94 feet,the chord of which bears North
48°39'30"East a distance of 58.26 feet;thence East 72.42 feet;thence on a curve to the
right having a radius of 45.0 feet,for 3131 feet,the chord of which bears South 70°04'
East a distance of 30.68 feet;thence on a curve to the left,having a radius of 74.40 feet
for 169.06 feet,the chord of which bears North 80°10'West a distance of 113.50,to tlie
Westerly right-of-way line of Highway No.82;thence on a curve to the left having a
. radius of 985.00 feet for 72.65 feet,the chord of which bears South 40°45'East a distance
of 72.63 feet;thence along right-of-way line,South 43°08'East a distance of 160.60 feet,
to the place of beginning.
Said parcelcontaining 2.007 acres,more orless
And
A tract of land being part of lots 24 and 25,Section 20,Township 10 South,Range 84
Wast of the 6th P.M. Said tract is more fully described as follows:
Beginning at a point on the north line of said lot 25 whence the N.W_comer of said '
section 20 bears N39°30'13"W 5498.19 ft.
' thence S23°09'E 411.95 R.
thence East 230.00 ft.
thence N23°09'W 411.95 ft.
thence West 230.00 ft.To the point of beginning.
Containing 2 Ac.more or less. '"-_
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A tract of land being part of Lou 24 and 25,Section 20,Township 10 South,Range 84 `:�
West of the 6th P.M. Said tract is more fully descrebed as follows:
Beginning at a point being the intersection of the north line of said Lot 24 with the � •
westerly right-of-way line of Colorado Highway No.82 from whence a brass cap bears S.
40°51'30"E.1302.77 feet; ;.
thence around a curve to the left with a radius of 985.00 feet a distance of 37.25
feet atong the westerly right-of-way line of Colorado Highway No.82; �
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thence S.,17°44'E.56.50 feet along said right-of-way line;
thence around a curve to the le8 with a radius of 985.00 feet a distance of 35035 ,
feet along said right-of-way line;
thence around a curve to the right with a radius of 59.40 feet a distance of 107.24 �
feet(the chord of which carve bears S.78°09'W.93.25 feet; ��`
� thence aronnd a curve to the left with a radius of 60.00 feet a distance of 41.75
feet; �
thence West 146.81 feet;
thence N.23°09'W.428.24 feet;
thence East 248.09 feet io the point of beginning.
Containing 2.238 acres more or less.
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