HomeMy WebLinkAboutbocc.con.282.2012 CONTRACT#5
( fit aeI e 1)
ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
VACATING A TRAIL EASEMENT ON SPAROVIC LOT 1-A AND ACCEPTING
A NEW TRAIL EASEMENT AND RIVER ACCESS EASEMENT FROM RIVER
SANCTUARY LLC
ORDINANCE NO. 0/8� -2012
RECITALS
1. The Voters of Pitkin County and the Pitkin County Commissioners established an
Open Space and Trails program for the purposes of preserving and providing open
space and trails resources in Pitkin County, and specifically to ensure access to public
lands.
2. In 1982, the Board of County Commissioners approved the Sparovic Subdivision
plat, which was recorded at Plat Book 13 Page 78. This plat included the dedication
of public in-stream recreational access to the Roaring Fork River and a 15 foot wide
trail easement along the south bank of the river.
3. In 1994, the County Open Space and Trails program constructed the East of Aspen
trail across the Property. However, portions of the trail were constructed outside the
existing easement. This encroachment was not corrected.
4. The current owners of Lot 1-A of the Sparovic subdivision, River Sanctuary LLC,
now wish to convey a new trail easement agreement located along the existing East
of Aspen Trail, in exchange for the County's vacation of the 1982 platted trail
easement. The landowner also wishes to grant the county public access to the
Roaring Fork River at the location of an existing "take out", so that the public may
continue to access the river from the trail lawfully.
5. The County wishes to accept these public recreation easements and agrees to vacate
the originally platted trail easement.
6. The Open Space and Trails Board unanimously recommended this amendment on
August 25,2011.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of
Pitkin County, Colorado that:
1.) The Board authorizes the vacation of the 15 foot wide trail easement on Lot 1-A
of the Sparovic Subdivision as represented on Plat Book 13 Page 78.
2.) The Board accepts from River Sanctuary LLC a new 15 foot wide trail easement
along the East of Aspen Trail as it currently exists across Lot 1-A and accepts a
public river access easement on the south bank of the Roaring Fork River.
RECEPTION#: 590620, 07/13/2012 at
04:08:17 PM,
1 OF 11, R $0.00 Doc Code ORDINANCE
Janice K. Vos Caudill, Pitkin County, CO
3.) Upon approval of the form by the Open Space Director and County Attorney, the
Chair of the Board, or alternate member of the BOCC, is authorized to execute
and agreement with River Sanctuary LLC to complete the actions stated above,
and any other documents necessary to complete these transactions.
INTRODUCED, FIRST READ, AND APPROVED ON THE 27th DAY OF JUNE
2012.
NOTICE OF PUBLIC HE NG PUBLISHED IN THE ASPEN TIMES
WEEKLY ON THE ¢/tb-DAY OF 2012.
f��e &k -f-�..c d {-/�i K C?O ge Mti tv..cbs/tr ox 4.- s
APPROVED UPON SECOND READING AND PUBLIC HEARING ON
THE 11th DAY OF JULY 2012.
PUBLISHED AFTER ADOPTION Ily THE WEEKEND EDITION OF THE
ASPEN TIMES ON THE if DAY OF d U!Y ,2012.
A/T-TEST: BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
,i/
6iL.,
Jea tte Jones / ichael M. Ows ey
De I ty Clerk Chair
Date: '7—//'AP-D/2
APPROVED..AS-
John El -'` Jon Peacock
Co orney County Manager
Dale Will,Director
Open Space and Trails Program
e:-/ L7 ? / CONTRACT#, mod 46I-
TERMINATION AND GRANT OF PUBLIC TRAIL EASEMENT
AND GRANT OF PUBLIC RIVER ACCESS EASEMENT
THIS TERMINATION AND GRANT OF PUBLIC TRAIL EASEMENT AND
GRANT OF PUBLIC RIVER ACCESS EASEMENT (this "Agreement") is made and entered
into this 1*day of Jt.ez 2012,by and between River Sanctuary LLC, a Colorado limited
liability company ("Grantor"),whose address is do Millard J. Zimet, P.C., 604 West Main
Street,Aspen, CO 81611, and the Board of County Commissioners of Pitkin County, Colorado
("Grantee"),whose address is 530 E. Main Street, Aspen, Colorado 81611.
RECITALS
A. Grantor is the owner of certain real property located in Pitkin County, Colorado,that is
legally described as Lot lA Sparovic Lot Split, according to the Plat thereof recorded
August 24, 1982, in Plat Book 13 at Page 78 (the "Property") and amended'J°/.
2012, in Plat Book 06 Page All (the "Amended Plat"). igGe,d, ord
clepf'-ed 7-/r-ad/7.-
B. The Final Plat of the Sparovic Subdivision recorded January 28, 1974 in Plat Book 4 at
Page 463 (the"Subdivision Plat") dedicates a 15' wide Public Trail Easement across the
Property(the"Original Easement").
C. The Original Easement also appears on the Sparovic Lot Split Plat recorded
August 24, 1982, in Plat Book 13 at Page 78 (the "Lot Split Plat"), which Plat
also dedicates a Public Recreational Easement along the water course of the
Roaring Fork River (the "Watercourse Easement"). As platted, the Original
Easement would provide the public with access to the Watercourse Easement.
D. Excerpts of the Subdivision Plat and Lot Split Plat showing the location of the Original
Easement and Watercourse Easement on the Property are attached hereto as Exhibit"A".
E. The Original Easement was dedicated with the intent that Grantee would construct a
public trail in the Original Easement, and that such trail would provide the public with
access to the Roaring Fork River for recreational enjoyment.
F. Grantee constructed(or caused to be constructed) a public trail on the Property(the
"Trail"); however,the Trail is located outside the Original Easement.
G. The location of the Trail on the Property, and the Trail's location in relation to the
Original Easement, is depicted on the Amended Plat an excerpt of which is included as
Exhibit"B" attached hereto.
H. By this Agreement, Grantor and Grantee desire: (i)to terminate,release and extinguish
the Original Easement; (ii) for Grantor to grant to Grantee the"Trail Easement" (as
defined below)for the Trail as constructed and in place; (iii)to further define the uses
and obligations associated with the Trail Easement; and(iv) for Grantor to grant an
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additional river access easement in order to preserve public access from the trail to the
Roaring Fork River in specified locations.
WITNESSETH:
NOW, THEREFORE, for good and valuable consideration,the receipt and sufficiency
of which is hereby acknowledged, Grantor and Grantee hereby agree that:
1. Termination of Original Easement. Each of Grantor and Grantee agree
that the Original Easement is hereby terminated, released and extinguished and shall no
longer burden the Property or benefit Grantee or the public.
2. Grant of Trail Easement. Grantor hereby grants,transfers and conveys
unto Grantee and its successors and assigns, for the use and benefit of the general public
a 15' wide non-exclusive perpetual public trail easement for the Trail, as constructed and
in place(the"Trail Easement"). The location of the Trail as constructed and in place is
depicted on Exhibit`B"attached hereto. Grantee hereby accepts the Trail Easement in
an"as is" condition, subject to the restrictions herein contained, and subject to all patent
or latent defects or problems of any kind or nature. Such acceptance does not preclude
improvement or maintenance activities within the Trail Easement insofar as such
activities may be allowed or required by this Agreement.
3. Trail Easement Use Restrictions.
a. Public use of the Trail Easement shall be exclusively for non motorized
recreation such as hiking, horseback riding,bicycling and nordic skiing. Dogs on the
trail must be leashed at all times.
b. The Trail Easement is governed by the rules and regulations and other
provisions of Title XII of the Pitkin County Code, as said Title XII may be amended or
recodified from time to time,provided always that the provisions of this Agreement shall
control wherever they are more restrictive than the provisions of said Title XII.
No motorized vehicles shall be permitted to use the Trail Easement, except(i) Grantee
may use motorized equipment as needed for maintenance of the Trail or emergency
response, and(ii) Other Power Driven Mobility Devices (OPDMDs), as defined on the
date hereof are permitted on the trail in accordance with the American Disability Act and
with the Pitkin County OPDMD Management Plan as adopted on July 21, 2011.
c. Grantee shall be permitted to make improvements to the Trail Easement
only to the extent required for drainage, safety and maintenance of the Trail.No other
improvements by Grantee(e.g., lighting,paving, etc.) are permitted,without written
consent of Grantor which may be granted or withheld at Grantor's sole discretion.
d. While the Trail Easement runs through lands owned by Grantor, access to
the Trail Easement may only be obtained by first crossing other lands not owned by
2
Grantor. Obtaining access to the Trail Easement shall be Grantee's responsibility.No
other lands of Grantor may be used to access the Trail Easement and nothing herein shall
be construed as a grant, express or implied,over lands of Grantor not within the Trail
Easement for access to the Trail Easement.
e. Grantor reserves the right to use and enjoy the Trail Easement and the land
beneath and the airspace above for all purposes and uses which do not unreasonably
interfere with the use and enjoyment by Grantee or members of the public of the rights
herein granted. Without limitation to the foregoing, Grantor shall have the right to grant
any easements to utility companies over or under the Trail Easement. The Trail Easement
is granted subject to all existing easements, restrictions and covenants of record.
4. Trail Easement Care and Maintenance. Grantee hereby assumes complete
responsibility for and agrees to care for, groom and maintain the Trail Easement in a
clean and attractive condition and in a good and safe order and repair, at its sole cost and
expense, unless the need therefore is caused by Grantor, or its successors or assigns in
interest in the ownership of the underlying Property, in which case Grantor, or its
successors or assigns in interest, shall perform the maintenance or care so required;
provided, however that Grantor is not responsible for said damage if caused by horses or
third parties. Grantee's maintenance responsibilities shall include, but not be limited to,
trash and debris removal, keeping the trail clear of rocks, vegetation and other
obstructions, grooming as needed, controlling erosion and water runoff, and general care
and maintenance.
5. Grant Of River Access Easement. Grantor hereby grants, transfers and
conveys unto Grantee and its successors and assigns, for the use and benefit of the
general public a non-exclusive perpetual public River Access Easement, ("River Access
Easement") for the purpose of permitting the public access to the Roaring Fork River
from the Trail easement as it occurs on the Grantor's property to the Roaring Fork River.
The location of the River Access Easement is depicted on Exhibit `B" attached hereto.
Grantee hereby accepts the River Access Easement in an "as is" condition, subject to the
restrictions herein contained, and subject to all patent or latent defects or problems of any
kind or nature.
6. River Access Easement Use Restrictions.
a. Public use of the River Access Easement shall be exclusively for non
motorized river recreation such as boat put/in and take/out, fishermen access, wading and
passive enjoyment of the river.
b. The River Access Easement is governed by the rules and regulations and
other provisions of Title XII of the Pitkin County Code, as said Title XII may be
amended or recodified from time to time,provided always that the provisions of this
Agreement shall control wherever they are more restrictive than the provisions of said
Title XII.
3
c. No motorized vehicles shall be permitted to use the River Access
Easement, except Grantee may use motorized equipment as needed for maintenance of
the River Access Easement or emergency response.
d. Grantee shall be not permitted to make improvements to the River Access
Easement, except to post a sign at Grantor's request, identifying the preferred point of
boat access,without Grantor's consent, which is at Grantor's sole discretion. Grantor
conveys and Grantee accept this River Access Easement with existing spur paths, but
Grantee will not manage Grantor's property to create new spur paths,nor is Grantee
obligated to restore existing paths.
e. The River Access Easement only encumbers the portion of Grantor's
property that includes and lies upstream of the existing boat take out, as identified on
Exhibit B. This River Access Easement does not grant public access to any portion of the
Grantor's Property that does not connect the riverbank to the Trail Easement as it passes
through the Property. Specifically,the River Access Easement does not grant public
access to the portion of the Property that lies downstream of the existing boat take out.
f. Grantor reserves the right to use and enjoy the River Access Easement and
the land beneath and the airspace above for all purposes and uses which do not
unreasonably interfere with the use and enjoyment by Grantee or members of the public
of the rights herein granted. Without limitation to the foregoing, Grantor shall have the
right to grant any easements to utility companies over or under the River Access
Easement. The River Access Easement is granted subject to all existing easements,
restrictions and covenants of record.
7. Grantee's Obligations to Defend, Hold Harmless and Insure. The parties
expressly acknowledge that the Trail Easement and River Access Easement are granted
for a "recreational purpose" under C.R.S. Section 33-41-101, et seq., and that Grantor is
entitled to the benefits, protections and limitations on liability afforded by Colorado law
governing recreational Easements, including without limitation said Section 33-41-101,
et sew. By granting the Trail Easement and River Access Easement, Grantor shall have
no obligation to repair, clear or otherwise maintain the area within the Trail Easement or
River Access Easement, or to insure or indemnify Grantee or the public for any injury,
claim or damage to any person or property, whether alleged to have occurred as a result
of use of the Trail Easement or River Access Easement for public non-motorized travel or
otherwise, or due to the condition of the Trail.
By accepting the Trail Easement and River Access Easement granted herein,
Grantee hereby agrees,to defend (including reasonable attorneys' fees) and hold harmless
Grantor and its successors and assigns in the record ownership of the underlying Property
traversed by the Trail Easement and River Access Easement, or any part thereof, to 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 use of the Trail Easement and River Access
4 /
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Easement by anyone, including members of the general public, excepting any such claims
or losses which may arise directly from the willful and grossly negligent acts of Grantor
and its agents or employees, or other claims as described in C.R.S. Section 33-41-104(1).
Grantee further agrees to add Grantor (and its successors and assigns in the ownership of
the underlying Property traversed by the Trail Easement and River Access Easement, or
any part thereof) as additional named insureds on its comprehensive general liability
insurance policy, which insurance shall be maintained by Grantee to provide protection
against liability from claims arising out of the use of the Trail Easement and River
Access Easement. Such insurance shall be carried in amounts not less than the liability
limits specified in C.R.S. Section 24-10-114(1), as it may be amended from time to time,
and shall provide Grantor and Grantor's successors and assigns with thirty (30) days
advance written notice prior to cancellation or termination. Grantee shall, upon written
request therefore from Grantor or any successor or assign, provide a Certificate of
Insurance as verification of compliance with these requirements.
8. Attorneys' Fees. In the event the interpretation or enforcement of this
Trail Agreement and River Access Easement should ever become the subject of litigation
between Grantor (or her successors and assigns in the record ownership of the underlying
real property traversed by the Trail Easement and River Access Easement, or any part
thereof) and Grantee, the prevailing party shall be entitled to an award of its reasonable
costs and attorneys' fees incurred in connection therewith.
9. Binding Effect. This Agreement shall be binding upon and inure to the
benefit of the parties hereto and their respective heirs, personal representatives,
successors and assigns forever including all future record owners of the underlying real
property traversed by the Trail Easement, or any part thereof. The benefits and burdens
hereof shall also run with the title to the underlying real property and all parts thereof
traversed by the Trail Easement and River Access Easement. This Agreement may only
be amended by a writing signed by Grantee and by the then-record owners of the
underlying real property traversed by the Trail Easement and River Access Easement.
IN WITNESS WHEREOF,the parties have hereunto set their hands and seals as of the
day and year first above written.
GRANTOR:
River Sanctuary LLC
A Colorado limited liability corn..
Br
Millard Zimet Man' i
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
5
5 ee eAt f Q
The foregoing instrument was acknowledged before me this day of ckuA C
2012, by Millard Zimet, acting in his capacity as a Manager of River Sanctuary LLC, a
Colorado limited liability company.
Witness my hand and official seal.
My commission expires: My Commission Expires
Y p August 4,2015,
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GRANTEE:
Board of County Commissioners of Pitkin County, Colorado
By: 4 4/i; /
ichael M. Owsley, Chair
ATT T:
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(C7 TY OF PIT I )
The foregoing instrument was acknowledged before me this /.344 day of Jac(
2012,by Michael M. Owsley, Chair of the Board of County Commissioners of Pitkin County,
Colorado, and attested to by J./ti e,i f^e.
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Witness my hand and official seal.
My commission expires: 7-15���6
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EXHIBIT "A"
Excerpts of Subdivision Plat and Lot Split Plat Showing Property and Original Easement
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EXHIBIT "B"
Excerpt of Amended Subdivision Plat Showing Trail Easement Location
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RECEPTION#:590619, 07/1312012 at
04:04:53 PM,
1 OF 9, R $0.00 Doc Code EASEMENT CONTRACT/Go 2- a''-
Janice K.Vos Caudill, Pitkin County,CO
TERMINATION AND GRANT OF PUBLIC TRAIL EASEMENT
AND GRANT OF PUBLIC RIVER ACCESS EASEMENT
THIS TERMINATION AND GRANT OF PUBLIC TRAIL EASEMENT AND
GRANT OF PUBLIC RIVER ACCESS EASEMENT(this"Agreement") is made and entered
into this 1*day of Zt.ote, 2012,by and between River Sanctuary LLC, a Colorado limited
liability company ("Grantor"),whose address is do Millard J. Zimet,P.C., 604 West Main
Street, Aspen, CO 81611, and the Board of County Commissioners of Pitkin County, Colorado
("Grantee"),whose address is 530 E. Main Street,Aspen, Colorado 81611.
RECITALS
A. Grantor is the owner of certain real property located in Pitkin County, Colorado,that is
legally described as Lot lA Sparovic Lot Split, according to the Plat thereof recorded
August 24, 1982, in Plat Book 13 at Page 78 (the"Property") and amended i-/3
2012, in Plat Book Id Page A/( (the"Amended Plat"). 44666 Ord erce,
4a,opt.ed 7~/!-0011.
B. The Final Plat of the Sparovic Subdivision recorded January 28, 1974 in Plat Book 4 at
Page 463 (the"Subdivision Plat") dedicates a 15' wide Public Trail Easement across the
Property (the"Original Easement").
C. The Original Easement also appears on the Sparovic Lot Split Plat recorded
August 24, 1982, in Plat Book 13 at Page 78 (the "Lot Split Plat"), which Plat
also dedicates a Public Recreational Easement along the water course of the
Roaring Fork River (the "Watercourse Easement"). As platted, the Original
Easement would provide the public with access to the Watercourse Easement.
D. Excerpts of the Subdivision Plat and Lot Split Plat showing the location of the Original
Easement and Watercourse Easement on the Property are attached hereto as Exhibit"A".
E. The Original Easement was dedicated with the intent that Grantee would construct a
public trail in the Original Easement, and that such trail would provide the public with
access to the Roaring Fork River for recreational enjoyment.
F. Grantee constructed(or caused to be constructed) a public trail on the Property(the
"Trail");however,the Trail is located outside the Original Easement.
G. The location of the Trail on the Property, and the Trail's location in relation to the
Original Easement, is depicted on the Amended Plat an excerpt of which is included as
Exhibit`B" attached hereto.
14. By this Agreement, Grantor and Grantee desire: (i)to terminate,release and extinguish
the Original Easement; (ii) for Grantor to grant to Grantee the"Trail Easement" (as
defined below) for the Trail as constructed and in place; (iii)to further define the uses
and obligations associated with the Trail Easement; and(iv) for Grantor to grant an
1 l /"
additional river access easement in order to preserve public access from the trail to the
Roaring Fork River in specified locations.
WITNESSETH:
NOW,THEREFORE,for good and valuable consideration,the receipt and sufficiency
of which is hereby acknowledged, Grantor and Grantee hereby agree that:
1. Termination of Original Easement. Each of Grantor and Grantee agree
that the Original Easement is hereby terminated,released and extinguished and shall no
longer burden the Property or benefit Grantee or the public.
2. Grant of Trail Easement. Grantor hereby grants,transfers and conveys
unto Grantee and its successors and assigns, for the use and benefit of the general public
a 15' wide non-exclusive perpetual public trail easement for the Trail, as constructed and
in place (the "Trail Easement"). The location of the Trail as constructed and in place is
depicted on Exhibit`B" attached hereto. Grantee hereby accepts the Trail Easement in
an"as is"condition, subject to the restrictions herein contained, and subject to all patent
or latent defects or problems of any kind or nature. Such acceptance does not preclude
improvement or maintenance activities within the Trail Easement insofar as such
activities may be allowed or required by this Agreement.
3. Trail Easement Use Restrictions.
a. Public use of the Trail Easement shall be exclusively for non motorized
recreation such as hiking, horseback riding, bicycling and nordic skiing. Dogs on the
trail must be leashed at all times.
b. The Trail Easement is governed by the rules and regulations and other
provisions of Title XII of the Pitkin County Code, as said Title XII may be amended or
recodified from time to time,provided always that the provisions of this Agreement shall
control wherever they are more restrictive than the provisions of said Title XII.
No motorized vehicles shall be permitted to use the Trail Easement, except(i) Grantee
may use motorized equipment as needed for maintenance of the Trail or emergency
response, and(ii) Other Power Driven Mobility Devices (OPDMDs), as defined on the
date hereof are permitted on the trail in accordance with the American Disability Act and
with the Pitkin County OPDMD Management Plan as adopted on July 21, 2011.
c. Grantee shall be permitted to make improvements to the Trail Easement
only to the extent required for drainage, safety and maintenance of the Trail.No other
improvements by Grantee(e.g., lighting,paving, etc.)are permitted,without written
consent of Grantor which may be granted or withheld at Grantor's sole discretion.
d. While the Trail Easement runs through lands owned by Grantor, access to
the Trail Easement may only be obtained by first crossing other lands not owned by
2 / 3
.. .
Grantor. Obtaining access to the Trail Easement shall be Grantee's responsibility. No
other lands of Grantor may be used to access the Trail Easement and nothing herein shall
be construed as a grant, express or implied, over lands of Grantor not within the Trail
Easement for access to the Trail Easement.
e. Grantor reserves the right to use and enjoy the Trail Easement and the land
beneath and the airspace above for all purposes and uses which do not unreasonably
interfere with the use and enjoyment by Grantee or members of the public of the rights
herein granted. Without limitation to the foregoing, Grantor shall have the right to grant
any easements to utility companies over or under the Trail Easement. The Trail Easement
is granted subject to all existing easements,restrictions and covenants of record.
4. Trail Easement Care and Maintenance. Grantee hereby assumes complete
responsibility for and agrees to care for, groom and maintain the Trail Easement in a
clean and attractive condition and in a good and safe order and repair, at its sole cost and
expense, unless the need therefore is caused by Grantor, or its successors or assigns in
interest in the ownership of the underlying Property, in which case Grantor, or its
successors or assigns in interest, shall perform the maintenance or care so required;
provided, however that Grantor is not responsible for said damage if caused by horses or
third parties. Grantee's maintenance responsibilities shall include, but not be limited to,
trash and debris removal, keeping the trail clear of rocks, vegetation and other
obstructions, grooming as needed, controlling erosion and water runoff, and general care
and maintenance.
5. Grant Of River Access Easement. Grantor hereby grants, transfers and
conveys unto Grantee and its successors and assigns, for the use and benefit of the
general public a non-exclusive perpetual public River Access Easement, ("River Access
Easement") for the purpose of permitting the public access to the Roaring Fork River
from the Trail easement as it occurs on the Grantor's property to the Roaring Fork River.
The location of the River Access Easement is depicted on Exhibit `B" attached hereto.
Grantee hereby accepts the River Access Easement in an "as is" condition, subject to the
restrictions herein contained, and subject to all patent or latent defects or problems of any
kind or nature.
6. River Access Easement Use Restrictions.
a. Public use of the River Access Easement shall be exclusively for non
motorized river recreation such as boat put/in and take/out, fishermen access, wading and
passive enjoyment of the river.
b. The River Access Easement is governed by the rules and regulations and
other provisions of Title XII of the Pitkin County Code, as said Title XII may be
amended or recodified from time to time, provided always that the provisions of this
Agreement shall control wherever they are more restrictive than the provisions of said
Title XII.
3
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c. No motorized vehicles shall be permitted to use the River Access
Easement, except Grantee may use motorized equipment as needed for maintenance of
the River Access Easement or emergency response.
d. Grantee shall be not permitted to make improvements to the River Access
Easement, except to post a sign at Grantor's request, identifying the preferred point of
boat access,without Grantor's consent,which is at Grantor's sole discretion. Grantor
conveys and Grantee accept this River Access Easement with existing spur paths, but
Grantee will not manage Grantor's property to create new spur paths, nor is Grantee
obligated to restore existing paths.
e. The River Access Easement only encumbers the portion of Grantor's
property that includes and lies upstream of the existing boat take out, as identified on
Exhibit B. This River Access Easement does not grant public access to any portion of the
Grantor's Property that does not connect the riverbank to the Trail Easement as it passes
through the Property. Specifically,the River Access Easement does not grant public
access to the portion of the Property that lies downstream of the existing boat take out.
f. Grantor reserves the right to use and enjoy the River Access Easement and
the land beneath and the airspace above for all purposes and uses which do not
unreasonably interfere with the use and enjoyment by Grantee or members of the public
of the rights herein granted. Without limitation to the foregoing, Grantor shall have the
right to grant any easements to utility companies over or under the River Access
Easement. The River Access Easement is granted subject to all existing easements,
restrictions and covenants of record.
7. Grantee's Obligations to Defend, Hold Harmless and Insure. The parties
expressly acknowledge that the Trail Easement and River Access Easement are granted
for a "recreational purpose" under C.R.S. Section 33-41-101, et seq., and that Grantor is
entitled to the benefits, protections and limitations on liability afforded by Colorado law
governing recreational Easements, including without limitation said Section 33-41-101,
et sec,. By granting the Trail Easement and River Access Easement, Grantor shall have
no obligation to repair, clear or otherwise maintain the area within the Trail Easement or
River Access Easement, or to insure or indemnify Grantee or the public for any injury,
claim or damage to any person or property, whether alleged to have occurred as a result
of use of the Trail Easement or River Access Easement for public non-motorized travel or
otherwise, or due to the condition of the Trail.
By accepting the Trail Easement and River Access Easement granted herein,
Grantee hereby agrees,to defend (including reasonable attorneys' fees) and hold harmless
Grantor and its successors and assigns in the record ownership of the underlying Property
traversed by the Trail Easement and River Access Easement, or any part thereof, to 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 use of the Trail Easement and River Access
4 r
J
Easement by anyone, including members of the general public, excepting any such claims
or losses which may arise directly from the willful and grossly negligent acts of Grantor
and its agents or employees, or other claims as described in C.R.S. Section 33-41-104(1).
Grantee further agrees to add Grantor (and its successors and assigns in the ownership of
the underlying Property traversed by the Trail Easement and River Access Easement, or
any part thereof) as additional named insureds on its comprehensive general liability
insurance policy, which insurance shall be maintained by Grantee to provide protection
against liability from claims arising out of the use of the Trail Easement and River
Access Easement. Such insurance shall be carried in amounts not less than the liability
limits specified in C.R.S. Section 24-10-114(1), as it may be amended from time to time,
and shall provide Grantor and Grantor's successors and assigns with thirty (30) days
advance written notice prior to cancellation or termination. Grantee shall, upon written
request therefore from Grantor or any successor or assign, provide a Certificate of
Insurance as verification of compliance with these requirements.
8. Attorneys' Fees. In the event the interpretation or enforcement of this
Trail Agreement and River Access Easement should ever become the subject of litigation
between Grantor (or her successors and assigns in the record ownership of the underlying
real property traversed by the Trail Easement and River Access Easement, or any part
thereof) and Grantee, the prevailing party shall be entitled to an award of its reasonable
costs and attorneys' fees incurred in connection therewith.
9. Binding Effect. This Agreement shall be binding upon and inure to the
benefit of the parties hereto and their respective heirs, personal representatives,
successors and assigns forever including all future record owners of the underlying real
property traversed by the Trail Easement, or any part thereof. The benefits and burdens
hereof shall also run with the title to the underlying real property and all parts thereof
traversed by the Trail Easement and River Access Easement. This Agreement may only
be amended by a writing signed by Grantee and by the then-record owners of the
underlying real property traversed by the Trail Easement and River Access Easement.
IN WITNESS WHEREOF,the parties have hereunto set their hands and seals as of the
day and year first above written.
GRANTOR:
River Sanctuary LLC
A Colorado limited liability coin..
BV
Millard Zimet Man sV
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
5 /G
5 ee- Ntl e-4
The foregoing instrument was acknowledged before me this \54, day of cG vt C ,
2012,by Millard Zimet, acting in his capacity as a Manager of River Sanctuary LLC, a
Colorado limited liability company.
Witness my hand and official seal.
My commission expires: My Commission Expires
Y P August 4,2015,
r
N% V.. . .ey',,� No rr 'ublic 1 Or o :
GRANTEE:
Board of County Commissioners of Pitkin County, Colorado
B � �l -'I l
ichael M. Owsley, Chair
ATT T:
(C! UNTY OF PIT )
The foregoing instrument was acknowledged before me this /.3'1 day of Jab( ,
2012,by Michael M. Owsley, Chair of the Board of County Commissioners of Pitkin County,
Colorado, and attested to by c,n•�f±e. ,es
Witness my hand and official seal.
My commission expires: 145-4-6
V■4.&
o Public
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EXHIBIT "A"
Excerpts of Subdivision Plat and Lot Split Plat Showing Property and Original Easement
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EXHIBIT `B"
Excerpt of Amended Subdivision Plat Showing Trail Easement Location
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