HomeMy WebLinkAboutbocc.ord.028.2013 #_ 1d-�Ci/3 RECETION#: 606398, 12/11/2013 at
CONTRACT
4116 Jc,ect ) 1 OF 5, R $0.00 Doc Code ORDINANCE
Janice K. Vos Caudill, Pitkin County, CO
AN ORDINANCE OF THE
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY,COLORADO,AUTHORIZING ACCEPTANCE OF A
NORDIC TRAIL LICENSE ON THE KELEHER PROPERTY
ORDINANCE#Q%.% SERIES OF 2013
RECITALS
I. The Voters of Pitkin County and the Pitkin County Commissioners established an Open
Space and Trails Fund for the purposes of preserving and providing open space and trails
resources in Pitkin County, and established an Open Space and Trails Board of Trustees to
guide the expenditure of those funds.
2. In 2006, the Open Space and Trails Program's purview was expanded to include the funding
of the Aspen Snowmass Nordic Council's(ASNC)trails operations.
3. The ASNC's trail system as it traverses the Meadowood Subdivision crosses the corner of
the John and Linda Keleher property for a distance of approximately 10 feet.
4. The Kelleher's desire to grant the Pitkin County Board of County Commissioners a three
year license for use of that portion of their property for a nordic trail.
5. The Open Space and Trails Board has directed staff to seek BOCC approval of this
acquisition.
NOW THEREFORE BE IT ORDAINED by the Board of County Commissioners
of Pitkin County, Colorado,that:
I. The Board accepts the Trail License Agreement granted by John and Linda
Keleher.
2. The Chair is authorized to execute the Trail License Agreement.
The BOCC finds that adoption of this ordinance is necessary for the immediate
preservation of the public health, safety and welfare of the citizens of Pitkin County and
therefore declares this ordinance and legislation to be effective immediately.
INTRODUCED, FIRST READ, AND APPROVED ON THE 20th DAY OF
NOVEMBER, 2013.
NOTICE OF PUBLIC HEA G PUBLISHED IN THE ASPEN TIMES
WEEKLY ON THE*/ DAY OF / Git1I412013.
APPROVED UPON SECOND READING AND PUBLIC HEARING ON
THE*DAY OF DECEMBER, 2013.
y
PUBLISHED AFTER ADOPTION IN THE WEEKEND EDITION OF THE
ASPEN TIMES ON THE /,1d' DAY OF j �✓1r✓, 20L3
ATTEST: BOARD OF COUNTY COMMISSIONERS
i OF PITKIN COUNTY, COLORADO
Jet. ette Jones George New an
Dj puty Clerk Chair
Date: I 9,1
APPROVED AS TO FORM:
John Ely Jon Peacock
Cou • ey County Manager
a
• 0 • • 6,1124 Tenrlenbaam, /kf ,SbeeG76,e
Open Space and Trails Program
Ordinance -2013
//
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TRAIL LICENSE AGREEMENT
(Firkin County as Grantee)
This TRAIL LICENSE AGREEMENT is made and entered into this,r day of
Oa LB-uab4r 2013 by and between John G.Keleher and Linda B.Keleher(hereinafter referred to as
"Grantor")and the County Commissioners of Pitkin County,a corporate and body politic("Grantee").
WITNESSETH
WHEREAS,Grantor desires to grant to Grantee a certain trail license agreement for the purposes
and uses set forth below, over and across real property located in the County of Pitkin, State of Colorado,
more particularly described in Exhibit A, attached hereto and made a part hereof by this reference,
(hereinafter referred to as the"License");and
WHEREAS, Grantee desires to accept said License upon the terms and conditions set forth
below;
NOW, THEREFORE, for and in consideration of the sum of Ten Dollars ($10.00) and
other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
Grantor hereby grants and conveys to Grantee, its successors and assigns, for the benefit of the general
public, a cross-country skiing trail license over and across the area described in the license depicted in
Exhibit "A" appended hereto and by this reference incorporated herein; subject to the terms and
conditions set forth below.
I. Term. The license shall remain in effect for an initial period of 3 years from the date
hereof; unless sooner terminated as provided herein. At the Grantor's sole discretion, this License may
be extended for successive 3 year terms, which shall also be subject to the Grantor's right of termination
as provided in Paragraph 5,below.
2. Purposes and Uses. The license shall be used solely and exclusively for cross-
country skiing during the winter months. Such use shall include the setting and maintenance of cross-
country tracks by mechanized equipment or by hand, as well as the construction and placement of
informational trail signs and markers. At its own cost and expense, the Grantee shall install such gates„
bridges or other improvements that are necessary for the use and maintenance of the trail system and for
the passage of track-setting equipment in the winter. The Grantee shall obtain the Grantor's permission
prior to constructing such improvements. Use of the license shall at all times be available to any person
gaining access through authorized access points or trailheads established and maintained by the Grantee
and utilizing cross-country, touring skis, or snowshoes. Snowmobiles, except for those utilized by the
Nordic Program,shall be prohibited. The Grantee shall communicate with the Grantor on a regular basis,
and will keep the Grantor informed as to all matters which concern the trails for which this license has
been granted.
3. No Easement for Access. Nothing herein shall be construed to grant an easement
across other property of the undersigned in order for individuals to gain access to the trail. The County
shall provide and maintain reasonable access and trailhead points in order to minimize opportunities for
entering or leaving the trail.
4. Liability. It is the intention of the parties to make the land available to the
public for recreational purposes without charge, and to limit the parties' liability to persons
entering thereon for such purposes. The parties expressly acknowledge that the Trail License
is granted for a "recreational purpose" under C.R.S. Section 33-41-101, et sec., and that
3
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.
5. Termination. Grantor may terminate this agreement at any time, for any reason,
following delivery of written notice of termination to the Grantee, which notice shall be delivered at least
four (4) months in advance of the termination date. Such termination shall be automatic and shall be
effective immediately; if for any reason any lands of Grantor are acquired by the City of Aspen or Pitkin
County via condemnation or similar proceedings.
6. License subject to Prior Agreements. The rights and privileges granted by this license
are subject to prior agreements, easements, and conveyances recorded, or unrecorded. Grantor represents
that it has no knowledge of any recorded or unrecorded agreements, easements or conveyances with
respect to such property which would preclude Grantee from using the property for a trail as contemplated
herein.
7. Reasonable Care. Grantee agrees to use reasonable care in construction of
improvements within the area of the license, and agrees to avoid damage to the surrounding land and
improvements thereto, and further agrees to restore such land and improvements to their condition
immediately prior to any construction, improvements, repairs to the trail. Grantee agrees to restore the
property to its original state at the end of each ski season.
IN WITNESS WHEREOF, the parties have executed the foregoing on the day and year above
first given.
GRANTO'� GRAN 0 :
By:Title: Title: et/ `2 0/S
STATE OF COLORADO )
SS.
COUNTY OF PITKIN ) pp
Subscribed and swom.to before me by A oh'l &. Ke le l(1('C this 01C1111 dayoul it viol
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4 Cab P.(^ . ,20 l3. Witness my hand and official seal. .``�oe P::.... �4i
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My commission expires: .
My Commission Expires d� C( `.: _ o` f'
August 4,2015 N•. Public = o G
A• ss: I s° 651 �o
STATE OF COLORADO ) ) SS. '''��igltll��o�ry ∎.•
COUNTY OF PITKIN )
Subscribed and sworn to before me by fcev✓ f /*Nino r this `7 day of
aoC(rr.hYC/ ,20/3. Wimess my hang$and official seal.
My commission expires: t_/S-de/e
P.o( AddresPubli� '
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Keleher Nordic Trail License
1 inch equals 51.256621 feet
Exhibit A
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RECEPTION#: 606399, 12/11/2013 at
10:26:11 AM, --
1 OF 3, R $0.00 Doc Code AGREEMENT
Janice K. Vos Caudill, Pitkin County, CO
TRAIL LICENSE AGREEMENT --
(Pitkin County as Grantee)
This TRAIL LICENSE AGREEMENT is made and entered into this day of
Ooti t46.er 2013 by and between John G.Keleher and Linda B.Keleher(hereinafter referred to as
"`Grantor")and the County Commissioners of Pitkin County,a corporate and body politic("Grantee").
WIINESSETH
WHEREAS,Grantor desires to grant to Grantee a certain trail license agreement for the purposes
and uses set forth below, over and across real property located in the County of Pitkin, State of Colorado,
more particularly described in Exhibit A, attached hereto and made a part hereof by this reference,
(hereinafter referred to as the"License");and
WHEREAS, Grantee desires to accept said License upon the terms and conditions set forth
below;
NOW, THEREFORE, for and in consideration of the sum of Ten Dollars ($10.00) and
other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
Grantor hereby grants and conveys to Grantee, its successors and assigns, for the benefit of the general
public, a cross-country skiing trail license over and across the area described in the license depicted in
Exhibit "A" appended hereto and by this reference incorporated herein; subject to the terms and
conditions set forth below.
1. Term. The license shall remain in effect for an initial period of 3 years from the date
hereof, unless sooner terminated as provided herein. At the Grantor's sole discretion, this License may
be extended for successive 3 year terms, which shall also be subject to the Grantor's right of termination
as provided in Paragraph 5, below.
2. Purposes and Uses. The license shall be used solely and exclusively for cross-
country skiing during the winter months. Such use shall include the setting and maintenance of cross-
country tracks by mechanized equipment or by hand, as well as the construction and placement of
informational trail signs and markers. At its own cost and expense, the Grantee shall install such gates,
or other improvements that are necessary for the use and maintenance of the trail system and for
the passage of track-setting equipment in the winter. The Grantee shall obtain the Grantor's permission
prior to constructing such improvements. Use of the license shall at all times be available to any person
gaining access through authorized access points or trailheads established and maintained by the Grantee
and utilizing cross-country, touring skis, or snowshoes Snowmobiles, except for those utilized by the
Nordic Program,shall be prohibited. The Grantee shall communicate with the Grantor on a regular basis,
and will keep the Grantor informed as to all matters which concern the trails for which this license has
been granted.
3. No Easement for Access. Nothing herein shall be construed to grant an easement
across other property of the undersigned in order for individuals to gain access to the trail. The County
shall provide and maintain reasonable access and [railhead points in order to minimize opportunities for
entering or leaving the trail.
4. Liability. It is the intention of the parties to make the land available to the
public for recreational purposes without charge, and to limit the parties' liability to persons
entering thereon for such purposes. The parties expressly acknowledge that the Trail License
is granted for a "recreational purpose" under C.R.S. Section 33-41-101, et se q., and that
lf/
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
5. Termination. Grantor may terminate this agreement at any time, for any reason,
following delivery of written notice of termination to the Grantee, which notice shall be delivered at least
four (4) months in advance of the termination date. Such termination shall be automatic and shall be
effective immediately; if for any reason any lands of Grantor are acquired by the City of Aspen or Pitkin
County via condemnation or similar proceedings.
6. License subject to Prior Agreements. The rights and privileges granted by this license
are subject to prior agreements,easements, and conveyances recorded, or unrecorded. Grantor represents
that it has no knowledge of any recorded or unrecorded agreements, easements or conveyances with
respect to such property which would preclude Grantee from using the property for a trail as contemplated
herein.
7. Reasonable Care. Grantee agrees to use reasonable care in construction of
improvements within the area of the license, and agrees to avoid damage to the surrounding land and
improvements thereto, and further agrees to restore such land and improvements to their condition
immediately prior to any construction, improvements, repairs to the trail. Grantee agrees to restore the
property to its original state at the end of each ski season.
IN WITNESS WHEREOF,the parties have executed the foregoing on the day and year above
first given.
GRANTO'� GRAN # :
By: 4. By: LO I
Title: Title: �I{V .2 "2 U/
STATE OF COLORADO )
SS.
COUNTY OF PITKIN )
Subscribed and sworn to before me by el 0h'n &. M 1e he( this as daYiattututtgl�
O Oreb f� •20 13. Witness my hand and official seal. �� oe A• Aehe.'.41i
y
My commission expires: T
My Commission Expires 1G a C{_ _, ,L _ �;R
August 4,2015 NV Public I _ oc o
An ss: P'•,
STATE OF COLORADO ) `'•Mat'•'... ...•µ'if!" N,CL:
COUNTY OF PITKIN ) ) SS. ,(/ ,�1+'.'#4,If 11 COW s%'
Subscribed and sworn to before me by 54'o/GP N,eiunb r this ' day of
L7PGl,r•/st/ ,20/3. Witness myhaat((and official seal.
My commission expires: go t6
otary Public
O,�rt.Y PUeli Address: j o/
LINDA 1 S to g'/6
GUSTAFSON;
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1 inch equals 51.256621 feet
Exhibit A