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SILVIA DpVIS (�ITN,IN COUNTY CLERN. R� RECORLER ¢�.�0 ..•Y;�_:
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�RAIL and TRAIL FA ITTF
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F,ASEMENT A � FEMF'NT �.
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THIS AGREEMENT, made this `�day of�{�, 19°�( by ,-
and between Robert B. Lewis, Owner(s) (hereinafter referred to as "Grantor(s)"), .
and TfI�BOARD OF COUNTY COMIVIISSIONERS OF PITKIN COUNTY,
COLORADO, a Home Rule County, existing under and by virtue of the laws of ,
the State of Colarado(hereinafter referred to as "Grantee").
WITNESSETA
WHEREAS, Grantor is the owner of real property located in Lot 20,
Section 20, Township 10 South, Range 84 West of the 6th P.M., Pitkin County,
Colorado, more fuliy describad on Exhibit "A" attached hereto and incorporated
herein by this reference(hereinafter refened to as the "Property");and �
� WHEREAS, Grantor wishes to grant to Grantee a trail easement across its
Property, generally locate@ to provide a public trail along the eastem boundary of
said Property; and
WHEREAS, Grantor and Grantee desire to set forth in this Agreement the
nature, terms and conditions governing the location, development and use of the
trail easement.
NOW,THEREFORE, for and in consideration of the mutual covenants and
agreements hereinafter set forth, and for other goad and valuable consideration, the
receipt and sufficiency of which is acknowledged, the parties hereto agree as "
follows:
1. Gran of Trail �ac m�,nt. Grantor hereby grants to Grantee a perpetual, ,
non-exclusive public trail easement and right-of-way being eight feet(8') in width,
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generally 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" an@ elsewhere in this Agreement. -�.
2. I7�g. The Trail Easement granted by this Agreement may be used by the
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, equestrian and similar use; and �
for County rnaintenance vehicles, emergency vehicles and equipment. All of the . •
foregoing uses shall 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
of the rights hereby granted. Specifically, Grantor will be allowed vehicular and
pedestrian use across the Trail Easement if the easement crosses or overlaps the
Grantor's access to residences or facilities within the Property. The right of
ingress and egress and the responsibilities associated with such right reserved by
the Grantor, shatl 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 Resnonsibility. Grantee will be responsible for development, �
management and maintenance of the above described Trail Easement and/or related
� facilities in accordance with adopted and applicable trails design, construction and
management standards and building code and land use regulations, including
appropriate signs for purposes set Forth herein. Grantee, at Grantee's expense,
shall cause an "as-built" survey to be created reflecting the actual location of the
Trail Easement and recorded in the records of the Pitkin County Clerk and
Recorder. The parties agree that such survey shall supplant Exhibit "B" to this
Agreement, and in the event of any conflict between the two, the survey shall
control. 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 foz public use of the Trail Easement, and
shalt prohibit any use of the Trail Easement other than the Permitted Uses.
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Grantor shall also have the right and authority to enforce any violation of the �'
restrictions on the use of the Trail Easement as set forth herein. �
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4. Grantor's ResFonsibilitv. To convey a perpetual, non-exclusive public �..�; ,
trail easement, and to repair damage to the trail caused by Grantor. 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
khat damage occurred, whichever happens first. Should Grantor fail or refuse to
complete such repairs, Grantee, at Grantee's option, may complete the repairs and r
shall bill Grantor for the cost of the repairs, which bill Grantor agrees to pay , .
immediately upon receipt. Grantor also agrees Grantor shall not cause the closure •
of the trail for any length of time without the prior written approval of the Grantee.
5. �Vlaintenance of the Trail Easement. Grantee shall maintain the Tzail
Easement in good order and repair. Grantee shall erect signs 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 wiil be required
� prior to installarion of the above referenced signs, but approvat of Grantor for such
installation shall be deemed granted by execution of this document.
6. 1�L Fasement 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. Ins�r�ns&. The parties expressly acknowledge that Grantor is entided to
the benefits, protection and limitations on liability afforded by Colorado law
governing recreational easements, Section 33-41-101 �. �., C.R.S. By granting
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, or to insure or indemnify Grantee for any injury, claim or damage to
any person or property, whether alleged to have occuned 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 because of a
dangerous condition created by the Grantor within the Trail Easement.
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By accepting the Trail Easement granted hereunder, Grantee agrees to `ti,
add Grantor as an additional insured on any policy of liability insurance carried by
Grantee and insuring against such claims or losses. Grantee shall, on oc before �''�•
7anuary 1 of each year and annually thereafter, furnish Certificates 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. ' �
- 8. Duration• Runs With The Pronertv. This Trail Easement is perpetual
and irrevocable, and the burdens and benefits shall run with title to the Property
and shali be enforceable against Grantor and Grantor's successors and assigns.
9. Relocation. The parties reserve the right 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
unforeseen conditions(such as high ground water conditions or the like)so require.
The Grantee reserves the right to relocate the trail easement to another location off
of the Property at any point in the future. 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 relocation 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 the real property records of Pitkin
County.
10. Condemnation. In the event Grantee or any governmental authority of
which Grantee is a part, seeks to condemn any portion of the Property, Grantee
shall not assert the existence of the Trail Easement as a factor diminishing the value
of the Property.
11. Assi�nt. 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.
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12. Int�g�tion and Modification o�Agr em n. This Agreement contains ,
the entire understanding of the parties. There are no representations, wananties, ti.
covenants or underta[cings other than those expressly set forth herein; and Grantor •�;.,-�
specifically acknowiedges that all compensation and other consideration for the
grant of the Trail Easement is accurate[y set forth in this Agreement and that there
is no other consideration to be paid other than as reflected in this Agreement. This
Agreement may not be modified or amended except in writing signed by all the
parties hereto. ''
13. ��tions. All headings and captions are solely for identifccation .�
� purposes, and have no effect on the interpretation or meaning of the provisions
contained in each paragraph.
14. Attorne,L' Fees. Shoutd this Agreement or the relationship created
hereby become the subject of litigation for any reason, the prevailing party shali be
entitled to its reasonable attorneys' fees,expenses and court costs from the other.
15. Binding •Ffg�,t. This Agreement shall be binding upon the parties
hereto,their heirs, respective successors,personai representatives and assigns.
16. overnine Law. The laws of the State of Colorado sha11 govern the
- validity,performance and enforcement of this Agreement.
17. Notices. Notices and other communications which may be given,or are
required to be given hereunder, shall be in writing and shaIl be deemed given to a
party when detivered personally, or when deposited in the United States Maii with
sufficient postage affixed, certified and retum receipt requested, and addressed to
such party at the respective address shown below:
Si�nt�r�sl� �� ,
Robert B. L,ewis Board of County Commissioners
PO Box 2190 of Pitkin County
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,:97715 lk�/@3/1996 O9:iHA PG 6 OF l i '�b�$,``:
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Aspen,CO 81612 506 East Main Street ��,,
Aspen,Coiorado 81611 •,':
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IN WITNESS WHEREOF, the parties have executed this Agreement as of �
the day and year first above written.
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GRAIVTOR(S):.. ,
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STATE OF COLORADO ) �
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COUNTY OF PITHIN )
The foregoing instrument was acknowledged before me this ��'�day of
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Witness my hand and official seal. .?'�.'�'t••••-•-•:• .
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My commission expires: � ` "'� • `�„ °
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Notary Public
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ATTEST: GRANTEE: ���':.�� .
BOARD OF COUNTY i �
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Je ette Jones ,� Michael C. Irelarnl,Chairman _ .
Deputy Clerk and Recorder C j� � .
DATE:�G ,
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A,PPROVED AS TO FORM: MANAGER APPROVAL;
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Joh�� Su e Konch .
County Attorney County Manage
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APPROVED A5 TO CONTENT: �
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Chairperson
� Open Space and Trails Board of Trustees
RECOMMENDED FOR APPROVAL:
��,�,�,..�,�
ne Ellen Hamilton,Chief Executive Officer
Qpen Space and Trails
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ERHIBIT nAn •,��':
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Legal Description
A tract of l�nd, b�tng a part of Lot 20, Sectlon.20;'Township 10'South, Range
64 West of the Bth Prir►cipal Meridien, des�ribed more fuily as followss
Beginning at a poirit being the intersection of the South bou�dar•,y line of Lot 20
wf[h the West right-of-way line of Colorado Hlghway E12; thence Westerly along y?' �
the said South bound�ry of said Lot 20 a distance oF 474 feet;
thencfl North 200 feet; . ^ �
thencc East 440 Feet to the West rtght-of-way line of said Colorado Ht9hway B2; , •
thence South along safd right-of-way cf Colorado.Htghway 82 to the point of
6eglnning. W(t�i all f�s appurten��nces , and warrant(s) the title to the same, I
subject to: .United States F�acent reservations as recorded in Book 55 st �
Pnge 265; 5ubject to: Ad Vnlor�m taxes for 1975, payable in 1976; Easements
and rinht-�f-way of record with ric�ht of uigress�nd e�ress reeorded in Book
16� at Pa9e 44U; Pitkin County Zoning nnd subdiv�sion regulations� taxes, fees,
assessments or charc�es by reason of inclusio�of the property tn the A�pen Fire
Protection L�istrict and Ci�s�It and I.ural Fire Protection Uisirict; Rlght of first •
refusai an�f restrictive cove�ants cvntatned in Agreement for purchase and sale
� oi real est�tr record�d in E3oc�k �q,5' at Page 3G3 of the Pttktn County
Colorado, records.
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397715 10/03/1996 09:18A F'G iQ OF ii � I
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TRAIL
• USE REGULATI�NS •
T�� ensure the use and enje�yment ��f thi� trail for `
everyone, please obser�re the fc�llc�win� re�ulations:
1.Respect private property—stay c�n the trail
at all times.
Z.No motorized vehicles.
4.Bicyclists and pedestrians yield to equestrians.
5.Dogs must be leashed.
6.Hunting is prohibited.
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7.No littering—pack your trash.
�'ull text of the Pitkin County Qpen Space and Trai{s
regulations�available at the Pitkin County Administration�ffice,
530 East Main Street,3"�floor, Aspen, Colorado 81611,920-5232. �
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