HomeMy WebLinkAboutbocc.ord.033.2018 CONTRACT
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AN ORDINANCE OF THE BOARD OF COUNTY C'OMMISSIONEWS nu PITKIN
COUNTY.COLORADO,AUTHORIZING ACQUISITION OF AN EASEMENT FOR
THE VERENA MALLORY TRAIL FROM THE ASPEN VALLEY LAND TRUST
ORDINANCE NO. 0 3 3 -2018
RECITALS:
1. Pursuant to 30-35-301 C.R.S..the Board of County Commissioners of Pitkin County.
Colorado ("BOCC"), a home rule county. is authorized to make and publish ordinances
foi carrying into effect or discharging the powers and duties conferred open such
counties by law and as seems necessary
2. Pursuant to Section 2.8.1 of the Home Rule Charter ( HRC' '). the BOCC is authorized to
take official action by Ordinance for certain mattes where action is prescribed pursuant
to the Colorado Revised Statutes as amended.
3. Section 2 8 1.1 of the Pitkin County Home Rule Charter provides that official action by
ordinance shall he required for the'"granting of easements in public lands,acquisition.
vacation, sale, or purchase of any real property asset, lease in excess of one year of public
lands,and authorization of proceedings in eminent domain.
4. 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, and established an Open Space and Trails Board of Trustees to guide the
expenditure of those funds
5. The Open Space and Trails Program is charged with providing recreational opportunities
throughout Pitkin County.
6. The Aspen Valley Land Trust is the owner of certain real property legally described in
Exhibit A to the attached 'frail Easement and generally known as Verena Mallory Park
{the "Property'). The Property is traversed by a trail commonly known as the Verena
Mallory Trail (the "Trail'"). Aspen Valley Land Trust is desirous of granting Pitkin
County and the City of Aspen an easement for the Trail across the Property in the form of
the Trail Easement attached hereto.
7. On June 7, 2018, the Pitkin County Open Space and Trails Board of Trustees
recommended that the BOCC accept the Trail Easement.
8. The BOCC finds that adoption of this ordinance is in the best interest of the citizens of
Pitkin County.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Pitkin
County,Colorado that it hereby adopts an ordinance accepting the 1 rail Easement for the Verena
Mallory Trail and authorizes the Chair or the Chair's designee to sign the Ordinance and upon
111111111111111111111111111111111111111111101
RECEPTION#: 649379, R: $0.00, D: $0.00
DOC CODE:ORDINANCE
Pg 1 of 19,08/07/2018 at 01:27:22 PM
Janice K.Vos Caudill, Pitkin County,CO
INTRODUCED AND FIRST READ ON TIE � DAY OF CJO')v`e' , 2_018 AND
SET FOR SECOND READING AND PUBLIC LIEARING ON THE J/°4` DAY OF
L 'k-c_ 2018.
NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE
RE, OLUTION PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE /Y u` DAY OF
2018
NOTICE OF PUBLIC HEARING ANI) TILE FULL TEXT OF THE RESOD ITION POSTED
ON THE OFFICIAL WKIN COUNTY WEBSITE i 1C'‘".piikmrounn.corn 1 ON THE
±/ DAY OF c- v-ti. 2018.
14
ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE I/ _ DAY
OF 1"-t 2018.
PUBLISHED BY TITLE AND SHORT SUMMARY. AFTER ADOPTION. IN THE ASPEN
TIMES WEEKLY ON THE 7`r' DAY 01' , 22018.
POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL I'ITKIN COUNTY
WEBSITE I csww.pukincount .com ) ON TIIE )-`at" DAY OF_er-L...—e , 2018.
ATTEST: BOARD OF COUNTY COMMISSIONERS
/1
Byo By: YI
Jeff ette Jones Patti Clapper, Chair
Dcfputy County Clerk
Date, 00- C2 3 2 )l✓
APPROVED AS TO FORM: MANAGER APPROVAL
-
John Ely, County Attorney Jon ek, County ger
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interpreted U to dircetlt nr mdnectly obligate Cramer: to MAC any payment in any year in
excess of amount, appropnat:d tot stab ,.ac. 1l1 a :rear ag a der o: multiple flat year direct
or indirect debt or other fman.lal obligation v.hatoes or within the meaning of Article X, Section
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2U Authunry-tu Execute Each perry represents tr the uihei that sus!! party has full
powerer and authority to execute and deliser th;. Ira .Fasenlcn:,',rid pertorar as obligations under
this Trail Easement, Incthe Indy.idual e'e uung Mrs Trail Fest.-:ent on behalf of said p any is
fully emp(.uere,l and author2ed to do a:, and ter` tri , I rad Easement constitutes a sated and
lega',ry land ng oht.gnr or t.: sae: pan; urine:canis agains said pang in accordance with its
terms
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JEANNE NAYE$
NOTARY at1811C
STAIR OF COtCRAO0
NSH1Dl [
aY SCYM'.SSIONTA1ExpirinOOf040axa9OCTOIFP „ n-
ACCEPTED BY
GRANTEE
BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,Colorado,
a body corporate and politic
1
By _ !L�La_ I i 'f'c . .
Path Capper,Chairman
STATE OF COLORADO )
ss
COUNTY OF PITKIN
The fore,gomg document was acknowledged before me on t i f T{day of/ !3C ,
24[8,by f7]tly 14 r _ , Chautasa of the BOARD OFCOUNTY
COMMISSIONERS OF P1#IN COUNTY,Colorado,a body corporate and politic
WITNESS my hand and official seal
[SEAL] ,/A .. �'
RICHARD YOUNG NEILEY Ill Notaryr ...
Notary Public
ora My co tssron expires y; i,
Stats at Colorado (-� jf'tf
Nagry ID I MDI UDM.aai
sly PwNg aNNNaaFalaaaa.nf�iI
CITY OF ASPEN,Colorado,
a body corporate and potttle
By
STATE OF COLORADO )
$5
COUNTY OF PITKIN •
)
The foregoing document was acknowledged before me on this ' day of
_ _, 2018,by_±, I "' r:, [' 'i r I
CITY-
of COF ASPEN, Colorado, a body corporate and polity
WITNESS my hand and official seal
[SEAL]
Notary Public
My conmisston exotics. 2 _
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CONTRACT
# (..452- 40/4
TRAIL,EASEME\t
THIS GRANT (y} TRAIL EASEMENT is made anJ entered into this 2 day of
AE1,0,St , 2018, by and between Aspen Valley Land Trust (hereinafter
related to as "Grantor"), and the City of Asper„ Colorado, and Pitkin Cie-my, Colorado
hereinafter colleens ely referred to as "Grantee"r, with the parties Indic'dually referred to as
"Party' or callcarveh as"the Parties"
W ITN ES SF1 II
WI fEREAS, Grantor is the owner of certain real property located in Pitkin County
Colorado.a,more fatty dine-zoned in hxhobs ".A"and appended hereto(`Prope-ti'}
W'HERt AS,Grantor :s desirous of granting to Cmantee a certain perpetual trail easement
over and a;ross said real property under the terms and conditions hereinafter specified,and
14'tiFREAS Grantee is desirous of aotcrtmg :aid trail casement
NOW, THL-REEORE, for and :n consideration if the sum o: Sen Dollars 1%10001 and
other good and valuable consideration, the receipt and suffic.ency of which are hereby
acknowledged. Grantor hereby grants and conveys to Otantee, its successor and assigns, the
following hail easement as further de cnbed herein and subject to the following rights terms,
obligations,and reset attons
Grantor hereby grants, transits, and conveys unto Grantee and its successors and
assigns. for the use and benefit of the general public, a perpc ual, non-exclusive easement in and
to, upon, over, on. under, and across Grantor's Property which easement :s described as a
fifteen-font 115') wide stop of land, being sec en and ono half feet 17 S'I on either side of the
centerline desenbed and depicted on Exhibit "13" hereto thereinafter, "Trail Easement 9 the
Trail Easement shad be for the installation, construction, operation, use, inspection, repair, and
maintenance of one single trail ::ler and across Grantor's Property :n the location set forth in
Exhibit El (the 'thrail Easement Areal Use of the Trail Easement shall be exclusively non-
motorized, except as may be required kr maintenance and en:ergem es of otherwise
provided in this mstrunwnt The trail permitted within the Trail basement Area (the "I rail')
shall he soft-surfaced, constructed of permeable materials amt shall net e Iced two Leet in
idth, except as necessary in .solated locations to minimize erosion and safety hazards
Additional details concerning the Trail's management,occasional closure,, and specifications are
set forth herein, and may he farther sci forth in a managernent play: ei Memorandum of
Agreement("MOA",as necessary, which shall establish and cunt:ul such details
theme hereby accepts the condition of this frail h.asement in an "as is"
•uudlnon,subject to the restriction,herein contained, and subject to all patent Or latent defects or
problems of any lied or nature Such acceptan:c does not preclude improvement or maintenance
acrvines within the Trod Easement insofar as sad, achy ices may he el',owed or required by this
'4011 Easement
N111111111 1111111111111IVII1u11111111111
RECEPTION#: 649380, R: $0.00, D- $0.00
DOC CODE: EASEMENT
Pg t of 9,0810712018 at 01:27:23 PM
Janice K Vos Caudill, Pitkin County, CO
I tai' t'se Restr:ctwnm
(a) Public Use arid Closure., Public use of the Trait Easement shall be
exclusively for hiking, trail running mountain hiking (including as set forth m Section 3(b).
below), Nord:s skiing, snowshoeing,and other non-motorized recreational uses pros ided fur in
a management plan or MOA Jr.if norm,as approved by Grantor,cr es set forth in Sermon 3tbs
No other uses or activities an: permitted Unless otherwise prosided prohibited in a
management plan or MOA, dogs shall only he permitted on the Trail Easement if they are on-
leach The monitoring and enforcement of these restrictions shall he the sole responsibility of
the Grantee, Omagh Grantor shall have the right to monitor su.li use and restrictions and
request that Grantee take enforcement action if necessary As determined by the Grantor
and Grantee and set forth in a management plan or MOA, the frail may be seasonally closed
to public use to mitigate impact to wildlife on the area daring sensitive times Grantee may
also enact temporary or seasonal closures as necessary for 'I rail repairs and maintenance
and for the protection of ecological resources within or ad anent to the Trail Easement
Area, including but not Muted to, erosion control, soil stabilization, and segetatwn
management, as set forth in the management plan or MOA The monitoring and
enforcement of any me restrictions and temporary or seasonal closures shall be by Grantor
(5) P,fitn taunt} Trail-System This Trail basement :s hereby declared :c:be part
of the Pitkin County Trail System:, and the trail Easement and use of the hail shall be
governed by the rules and regulations and other provisions of Title XII of the Pitkin
County Code, as said Title XII may he amended or re-codified from time ti time, and
such other statutes, rules or regulations that may be apphwhle from tune to tom, provided
always that the prosisions of this Trail Easement shall control wherever they arc more
restrictive than the pro ismns of applicable county code. statutes, rules or regulations
Notwithstanding anytkng to the ccntmr' n: din instrument, if Title X:1 of the Pttkm
County Code or regulations adopted pursuant thereto are amended to allow elecme motor
pedal assist bicycles on dint single track trails within the P:tkie County Trail system,
Class I of su:h bicycles, defined under C R S ¢ 42-1-102 as pedal assist and providing
electrical assistance up to 20 mph may be allowed on the Gail
(c) frail Easement Care end Maintenance Grantee hereby assumes complete
responsibility for the maintenance of the Trail Easement Arca and agrees re cart for and
maintain the had and Trail Easement Area in d clean and attractive condition arid in good
and safe order and repair. m ns dole +m: and expense Grantee's maintenance
responsibilities shall intrude, hut nut be limited to, trash and debris removal. keeping the
Trail clear of undesired rocks, vegetation and other obstructions, I rail grooming as needed,
improving or fixing eroded sections
o. toe Trac and geneta:is conn t:mg erosion and water
runoff from tie Trail Easement Area, and general care and maintenance of the Trail Easement
as may be set forth further In the management plan or MOP Grantee agrees to ase beet care
in the maintenance of the Trail and any improvements within the Trail Easement Area, and
atrreed to avoid damage to the land surrounding tlic Trail and End Easement Arca and
imp-ove•tient% thereon, and farther agrees to promptly (and it no circumstance beyond thirty
(40) days after damage) restore such land and improvements to the same or better condition
they were in :mmed:atety prior to any damage to the Ira:. or Trail Easement Arca Grantor
and Grantee agree to consider future re-alignments o: the 'lied if it is detemmmed that the
2
existing aignment of the 1 rail is detrimental to the ecological heatrn of the Property, Or
derr:nienta to the intended uses of the Vercca Mallory Trail
4
Initial Trail Repairs and Erosion Control The Parties acknowledge that the
eroded condition of certain sections of the Trail at the time of this grant may require repair
and maintenance work m stabilize the Trail, prevent erosion on surrounding hillsides, and
improve public safety Grantee agrees to evaluate the need for such repairs and maintenance
es soon as practicable and undertake such work, if deemed necessary by Grantee and
Grantor ro prevent father damage to the Trail, the Trait Easement Area, and surrounding
lands, at Grantee's sole cost and expense as soon as practicable thereafter Such plans for
initial repaa+ and erosion control measures if any, shall be approsed by Grantor pour to
implementation, which approsal shall no he unreasonably withheld
5 Signs Grantor may place and maintain e sign or signs nn the Property, including
at or along the Trail The sin of the sign, and the location, design and content of such signs shall
he at Grantor's discretion and in accordance with applicable signage regulations Grantor shall
he responsible for the maintenance of arty s.ch signs Grantee may also install and maintain
signs to guide 'I rail access rules and regulations, and the Parties may agree to jointly instal and
maintain signs
o Management plan or MOA This Trail Easement refers to a management plan or
.MOA, which, it prepared, shall be dune at Grantee's expense end mutually approved b) the
Parties Sn long as the terms of this Easement are sufficient to guide the care, maintenance, and
management of the Trei and Frail Easement, a management plan or MOA shall not he required,
however, Grantor may request that Grantee prepare such management plan or MOA within a year
from the date of request, or upon other mutually agreed timeline, should Grantor deem it
reasonably necessary for (a) the protection of Grantor's Property adjacent to or crossed by this
Trail Easement, (b) the protection of ecologic al resources, or (c) the improved care and
management of the Trail and Trail Easement, including seasonal closures The management
plan or MOA may be amended front time to torte as appropriate upon mutual agreement of
the Parties The Partin acknowledge pat any management plan u: MOA, and any amendments
thereto, must he apprm ed by Grantee a: e public meeting noticed m adsance a required by
applicable state and local laws
7 Insurance and Liability. It is the intention of the Parties to make the Trail
mailable to the public fur the recreational purge e. descnbed above without charge and to lint
the Parties' liability to persons entenng thereon fur such purposes Grantee shall insure the Trail
Easement granted herein and Trail Easement Arca, and name Grantor as an additional insured on
such policy with cur erage of no less than$5 million per claim or occurrence Nothing herein shall
constitute a warner of Grantee's nghts as prmnded in C R S §§ 24-10-101, et seq nor of
Grantor's rights pursuant to Colorado's Recreational Use Statute, C R S § 33-41-103, the
latter of which protides that an owner of land who either directly or indirectly invites or
permits, without charge, any person to use such property tor recreational purposes does not
thereby (a) extend any assurance that the premises are safe for any purpose, (b) confer upon
such person the legal status of an 1m:ee of licensee to whom a duty ut care is owed, or (c)
assume responsibility or incur liability for any injury to person or property or for the death of
any person caused by an act or omission of such person The Parties expressly acknowledge
that this Trail Easement is granted for a "recreational purpose" under C R S Section 33-41-
ICI, ei say , and that grantor is entitled to the benefits protections, and limitations on
Lability afforded by Colorado law governing recreational easements, including without
limitation said Section 33-41-101, et'e4 By granting this Trail Easement,Grantor shat: have no
obligation to repair clear, or otherwise maintain the Triol Easement Area, or to Insure or
indemnity Grantee or the public for any m;urv. clam, or damage to any person or property,
whether alleged to have occurred as a result of use of the Trail Easement for public non-
mntonzed travel or any other use or due to the condi: en V the 7 ra.l Easement Area
N Amendment This Frail Easement may only he amended by a witting signed by
Grantee and Grantor and recorded in the I'itk in C aunty Pea' nroprrts records
9 Controlling law The interpretation and perfornrancc of this Trail Easement shall
be governed by the laws of the State of Colorado
ID Severahtlity Sc' If any provision of Pas Gad basement, or the appl:canon thereof to
any person or circumstance, is round to be ms and, the remainder at the prim isinns of this Irad
Easement shall be deemed seeerable and remain in full mice and effect
11 EntireAgreementThis instrument sets firth the entire agreement between the
Parses with respect to the Trail Easement and supersedes all prior discussions, negotiations,
underaandtngs,or agreements relating to the Trail Easement, C. of which are merged herein
12 No Forfeiture Nothing contained herein ism! result in a Mt-femme or reversion of
Grantor's title in any respect
13 Joint and Several Oblgation The obl,gawas imposed ht this Trail Easement
upon multiple Grantors and Grantees shall be .Dint and se'cc-el
14 Successors The soy enants terns, c:mdroom, and restncuon+ of this Trail
Casement shall he Ending upon, and inure to the bene(' of, the Panus hereto and Grantor's
Grantee's successors, transferees, and assigns and shall rd nue as a servitude inning u ith the
land:t burdens
15 1 ermmauon of Righ's and Obligations \ Pam's rights and obligations under this
'I rad Easement :emanate upon transfer of the Party's interest in the Trail Easement, except that
liability for acts or omissions occhrnng prior hi the mamba shall sin vise the transfer
:6 Captions the captions in this instrument has e been inserted solely for
convenience of reference and are nota part of this instrument and shall have no effect upon
construction or interpretation if inconsistent with the undo-Mint text
17 Counterparts Thr Pam e+ Inas ..sic this m>tmnient in two or more
counterparts, which shall, in the aggregate, he signed ry m' the Partes, each counterpart shall be
deemed an onginal instrument a; against any Party whit has signed it In the esenr of any
disparity between the counterparts produced, the recorded counterpart shall he controlling
IR Merger Unless the Parties espres>ly slate that the) intend a merger of estates or
4
interests in occur,no merger shall be deemed to have occurred hereunder or under any document
executed in the future affecting this Trail Easement
39 Annual Appropriation No provision of this instrument shall be construed or
interpreted i) to directly or indirectly obligate Grantee to make any payment in any year in
excess of amounts appropriated for such year, tit as creating a debt or multiple fiscal year direct
or indirect debtor other financial obligation whatsoever within the meaning of Article X,Section
6 or Article X. Section 20 of the Colorado Consvtunon or any other constitutional or statutory
limitabon or provision, or iii) as a donation or grant to or in aid of any person, company or
corporation within the meaning of Article Xl,Section 2 of the Colorado Constitution
20 Authority to Execute Each party represents to the other that such party has full
power and authority to execute and deliver this Trail Easement,and perform its obligations under
this Trail Easement, that the individual executing this Trail Easement on behalf of said party is
fully empowered and authorized to du so, and that this Trail Easement constitutes a valid and
legally binding obligation of said party enforceable against said party in accordance with its
terms
TN WITNESS W ITEREOF, the parties herein have executed the foregoing on the day and
year above first given
GRANTOR
ASPEN VALLEY LAND TRUST,
a Colorado nonpmfo corporation
By .iii.tirr,.f _c 1 /� • y, _
Suzanne-Er Stephens, Exeeutttd Director
STATE OF COLORADO )
ss
COUNTY OF P1TKIN
The foregoing instrument was acknowledged before me this ZhA day of
�ttt{N5} _ ,2015,by Suzanne F Stephens,hxecutice Director of
Aspen Valley Land Tom',a Colorado nonprofit corporation
WITNESS fly hand and official seal ,rr 'kitty</
[SEAL] l
Nota Public !! ' 2.01 g
Mr commission expires
5
JEANNE HAVES
NOTARY PUBLIC
STATEOR COLORADO
NOTARY i0a aot0404M9r
MY COMMISSION ExPIRES OCtQ ER 19,2018
ACCEPTED BY.
GRANTEE:
BOARD OF COUNTY COMMISSIONERS OF PmUN COUNTY,Colorado,
a body corporate and politic
By: _ lOtt�. -ittic,.
_
Patti Clapper,Chairman
STATE OF COLORADO )
) ss
COUNTY OF PLTKIN )
The Ramping dofoment was acknowledged before mc on thiicUir''day o�ti( ,
2018,by i ( 1 , Chain/Ian of the BOARD OFCOUNTY
COMMISSIONERS OF P IN COUNTY,Colorado,a body corporate and politic.
in
WITNESS my hand and official seal
(SEAL Iii 1 etri—
RICHARD YOUNG MERIT 111 Notary jf? ir
Notary Public la _LL
Sura of Colons* My co • Ission expires:
Noir MO 20174018091
CITY OF ASPEN,Colorado,
a body corporate and politic
=t%' , �`
By %e
STATE OF COLORADO )
ss
COUNTY OF PITKAI )he foregoing document was acknowledged before me on this I Sday of Al...;/1` 3i,-2
_ , 2018,by 7kY'IW,1 'I tit?Wcc__4 t 1 ,
an,of COF ASPEN, Colorado, a body corporate and politic
WITNESS my hand and official seal. .R • I
[SEAL) [ ''/, I L • ,1 ,l
Notary Public -- - -�-
7ARA L NELSON My commission expires. ; , 17 , , I? 1 L
4J-ARV I'JE ,`
ST.JE ,, ^ C-,A .n
NOTAR\ ;x?'>1 .39317
sh Cr- .,S_Cet:e-25 Nal'
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EXHIBIT A
Property Legal Descnption
A parcel of land situated in Sections b end 7. I nwnshtp 10 South, Range 84 West of the 6" P NI ,
Pitkin C ounty, Colorado,more fully described as follows
Hegmmng at the southwest corner of lot I.sold Sutton 7, e found 1978 brass cap.
Thence N 00'01'00" F 939 51 fee,
Thence S 89'59 tX)'W 260 14 fee',
Thence N 04°00'00"W 139 10 feet
Thence East 86 69 feet,
Thence N 53'15'00" E 136 72 feet,
Thence N 60000'00"E 88 7R feet,
Thence N 81`00'00" F 273 48 feet,
Thence S 82`30'00"E 117 50 feet.
Thence 70°10'00"F 111 05 feet,
Thence 55°15'02'E 105 34 feet,
Thence S 69`00'00" E 89 32 feet,
Thence South 16 41 feet,
Thence S 86°42'10"W 366 54 feet
Thence S 26'47'00' W 1 1500 feet,
Thence South 500 00 feet,
Thence S 06'02'01" F 447 14 feet,
Thence S 89°49'01r' R 316 I : feet tri the point of begtnnmg, containing IU 00 acres,more or less
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