HomeMy WebLinkAboutbocc.con.232.2018 - BOCC CONTRACT
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AN ORDINANCE OF THE BOARD OF COUNTY COMMISSION 11 OF 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:
L 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
for carrying into effect m discharging the powers and duties conferred upon 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 matters 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 be 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 Trail 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 casement 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 Trail Easement for the Verena
Mallory Trail and authorizes the Chair or the Chair's designee to sign the Ordinance and upon
IIIIII I l Ill1111111111 111111011111111 III 1111101110111110 11111111
RECEPTION#: 649379, R: $0 00, Dt $0.00
DOC CODE: ORDINANCE
Pg 1 of 19,08/07/2018 at 01 27:22 PM
Janice K Vos Caudill, Pitkin County, CO
74,
INTRODUCED AND FIRST READ ON THE /j DAY OF GC R-C , 20IS AND
SET FAIR SECOND READING AND PUBLIC HEARING ON THE j7a DAY OF
rJ Ci 2018.
NOTICE OF PUBLIC HEARING AND TITLE AND SI TORT SUMMARY OF THE.
RE, OLUTION PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE_/Y u" DAY OF
c, I/ , 2018.
NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE. RESOLUTION POSTED
ON THE OFFICIAL PFTK IN COUNTY WEBSITE rr rc pilk:mounit;corn ) ON THE
P?"-DAY OF_ a L t&--c. 2018.
ZL..
ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE .7 - DAY
OF CLAN--t, 2018,
PUBLISHED BY TITLE AND SHORT SUMMARY, Al- I ER ADOPTION, IN THE ASPEN
TIMES WEEKLY ON THE 5"- DAY OF A l .+,_. 2018.
POSTED BY TITLE AND SHORT SUMMARY ON TIIE OFFICINAL PITKIN COUNTY
\VEBSITIi Crew�r.pi Ikinoant�.com 10N THE _24, DAY OF Gn--e_ _, 2018.
ATTEST, BOARD OF COUNTY COMMISSIONERS
By . V
' V. By: • � P F',4t
Jefette loner Patti Clapper, Chair
Dflputy County Clerk
Date. Ct0 - 02 )d1,5
APPROVED AS TO FORM: MANAGER APPROVAL
John Ely, Courtly Attorney Jon Pe ock, County M ager
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eugbred u the tuurr t icctmg this trail heat nee t
I'i Annan: Apprepnat:or.. Nr p:.we yr o. :his ::,^.u';:E: snail re C nonmed
Interpreted 1t te thralls or indite..tis chhgate Grantee 10 male are payment in an} year In
excess of amounts appropnated for <v..h Tea c± e.,creat ng a deb' e: muir.pie fbt.a: yea: dire:
m mdrre.t debt or other `manual obligation whatnueser ssithin the :nmmrng of Artm.e X, Section
6 or Artiste X Section 20 of the Colorado Const tenon or at-4 other Lnnstauntrnal er statutory
rotation a ptows.un, er tn) as d duuamn• or pot 11 Cr m aid :t an person, .umpam or
corporatiu'i within the meaning of AMC'e XI Seehnu 2 of the Colorado( onsptution
20 Authul!p to Execute Last, party tepreseun Ir t to ether Nut stk.!' party has full
posse-and authuntp to c e vee and delis er tins tri I Fauemca• nsd pertorre its .S:;ganuns under
this Trail Casement, that the ruder hal criminally this Trail Faserient Un behalf of said party is
full} cmrkM ere.l end authont<d to do sr send rhai rhe . Trail Iasement constitutes a valid and
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JEANNE HAYES
NOTARY PUBLIC
STATE OF COLORA V C.
NOTARY ID 120104044491
MY COMMISSir N ERP19E90CtO6EP Ir Nt
ACCEPTED BY.
GRANTEE:
BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,Colorado,
a body corporate and politic
By - 4� �_ t (_ t1's --
Pani Clapper,Chairman
Si ATE OF COLORADO )
ss
COUNTY OF PITKIN
The foregoing doyument was acknowledged before me on th1sA21tday ofe LIC ,
2018,by F ti- , Chain of the BOARD OF UNTY
COMMISSIONERS OF PftRIN COUNTY,Colorado.a body corporate and politic,
WITNESS my hand and official seal
ISEALI - ('
RICHARD YOUNG NEILEY III Notary IE V
Notary Publlo My co *non expires: � y{.r te, ,Al
Stat*at Colorado
Notary10/ 20174020181
Cf1'Y OF ASPEN,Colorado,
a body corporate and politic
By /
STATE OF COLORADO )
ss
COUNTY OF PITKIN
The foregoing document was acknowledged before me on this day of A . i-
_ , 2018,by-t. .i Tr:� l' ��-
of CITY OF ASPEN, Colorado, a body corporate and politic �
WITNESS my hand and official seal 1
(SEAL) _
Notary Publ1c
i:..:: c - r My commission expires- _. __
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) `55
CONTRACT
# ,, 32 JO/`i
TRAIL EASEMENT
TIPS GRANT OE TR All. EASEMEN1 n made and entered into this - 2 day of
AY/e5u3t , 201X, by and between Aspen Valley Land Trust (hereinafter
referred to as "Grantor"}, and the City of Aspen, Colorado, and Eakin County, Colorado
(hereinafter coliectn cly referred to as "Grantee"}, with the parties individually referred to as
"Party or collectn el} as"the Parties"
WITNESSETH
WHEREAS, Grantor is the owner of certain real properly located in Pitkin County
Colorado,es more fully described in Exhibit ".A"and appended hereto("Property") and,
WHEREAS, Grantor is desirous of gran'mg to Grantee a certain perpetual trail easement
over and across said real property under the terms and conditions hereinafter specified,and
WHEREAS,Grantee is desirous of accepting said trail easement
NOW, THEREFORE, for and in consideration of the sum of Ten Dollars (310001 and
other good and valuable consideration, the rece pt and suffic,ency of which are hereby
acknowledged. Grantor hereby grants and cons eys to Grantee, as successor and assigns, the
following had easement as further described herein and subject to the following rights, terms,
obligations, and reservations
iraruur hereby grants, transfers, and conveys unto Grantee and its successors and
assigns, for the use and benefit of the general public, a perpetual, nun-exclusive easement in and
to, upon, over, on, under, and across Grantor's Property. which easement is described as e
fifteen-foot ;IS'I wide step of land, being seeen and one half feet 17 5') on either side of the
centerline described and depicted on Exh•bit 13" hereto thereinafter, "I rail (casement'1 The
Trail Easement shall be for the installation, construction, operation, use, inspection, repair, and
maintenance of one single trail over and across Grantor's Property in the location set forth in
Exhibit B (the 'Trail Easement Area") Use of the Trail Easement shall be exclusively non-
motorized, except as may be required for maintenance and emergencies of otherwise
pros Wed in this instrument The trail permitted within the 1 rad Easement Area (the 'Trail')
shall he soft-surfaced, constricted of permeable mater Ms and shall not exceed two feet in
width except as necessary in isolated locations to minimize erosion and safety hazards
Additional details concerning the Trail's management,occasional closures, and specifications are
set forth herein, and may be father set forth in a management plan m Memorandum of
Agreement( 'MOA"1 as necessary, which shall estahhsh and control such details
2 Grantee hereby accepts the condition of this Trail Easement in an "as is"
condi ion,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 improsemenl or maintenance
act vines within the Trail Easement insofar as such acusmes may b: allowed or required by this
Trail Easement
IIIIIIIIIIIIIIIIIIIIIIIIIII11111 IIIIIIIIIIII11IIIIIIIIIIIII111111IIIIIIIII
RECEPTION#: 649380, R' $0.00, D:80.00
DOC CODE: EASEMENT
Pg 1 of 9,08/07/2018 at 01:27:23 PM
Janice K.Vos Caudill, Pitkin County, CO
i l rail Use Rcstrrctions
ta) Public Use and _Closures Public use of the Gad Easement shall be
exclusively for hiking, trail running mountain raking f:n.ludrng as net faith :n Section 3(b),
below), Norda skiing,snow shoeing, and other trot-rnoiarnzed recreational uses provided fur in
a management plan or MOA ia:, if none as apprised by Grantor,or as set forth :n Sector 3(b)
No other uses or astviles are permuted /Mess s otherwise prus.ded prohibited in a
management plan or MOA, dogs shall only be permitted on the Trail Easement if they are on
leash The monitoring and enforcement of these restnettons shah he the sole responsibility of
the Grantee, though (iranto( shall have the right to monitor such use and restrictions and
request that Grantee take enforcen.ent action if necessary, As determined by the Granter
and Grantee and set forth in a management plan or Mt)A, the Trail may be seasonally closed
to public use to mitigate impaact to wildlife in the area during sensitise tunes Grantee may
also enact temporary or seasonal closures as necessary for Tra:', repairs and maintenance
and for the protection of ecological resources within or adacent to the Trail Easement
Area, including. but no: limited to erosion control, soil stabilization, and vegetation
management, as set forth in the management plan or MOA The monitonng and
enforcement of any use restnccons and temporary Cr seasonal closures shall be by Grantee
ib) ?akin Country Trail,ayslcm This Trait ?'cement is hereby declared t;:be part
of the Pitkin County Trail System, and the 1 tali Easement and use of the Trail shall be
governed by the rules and regulations and other provisions of Ttle XII of the Pitkin
County Cndc, as said Title XII may be amended of re-codified from time to time, and
such other statutes, rules or regulations that may be applicable from tune to tune, provided
always that the prosistons of this Trail Easement shall control wherever the) are more
resmctive than the pros)worn of applicable cnunry code, statutes, rules or regulations
Notwithstanding anything :o the contra:a iii tho instrument, f Tule XII of the Pitkin
County lode of regulation' adopted pursuant mereto are amended to allow eiccmc motor
pedal assist bicycles on dirt cin g lc track tails within the Pitkir County Trail system,
Claes I of cuah bashes, uefined under CRS § 42-1-102 as pada. assist and pros)ding
electrical assistance up to 20 mph. may be allowed on the Trail
is trail Easement Care and Maintenance Grantee hereby assumes complete
responsibility for the maintenance of the Tran' Easement Area and agrees to care for and
maintain the I rail and Trail Easement Area in a clean and attractive condition and in good
and safe order and repair, at its sole cost and expense Grantee's maintenance
rerponsihilir.es shall include. but not be linmed a trash and debris removal, keeping the
Trail char of undesired rocks, segetation and other obstructions, (tali grooming as needed,
miprs sitig or fixing eroded sc_ticas of the Tail and generally controlling erosinn and water
runoff from the Trail Easement Arca, and general care and maintenance of the Trail Easement
as mas he set forth vuther in the management alai or MOA Grantee agrees to ase best care
�❑ the maintenance of the Toil and any tmprosemeats within the Ind Easement Area, and
agrees to avoid damage to the land surrounding the Trail and Trail Easement Area and
improvements thereon, and farther agrees to promptly (and in no cit:umstnnce beyond thirty
(10) days after damage) restore such land and imprnsements to the same or better condition
they were in )temediately poor me any damage to the Iran or Trail Easement Area Grantor
end Grantee agree to consider future re-alignments u: the T tail if a is determined thin the
2
existing alignment of the :rail is detrunentm to the ecological health tit the Property, or
detriment:a to the intended uses of the Verera Mallory Stas:
4 lona'.Trail Repairs,and Fronton C ontr_ The Parties acknowledge that the
ended condition of certain sections of the Trait at the time of thn grant may require repair
and martenance work to stabilize the Tra prevent erosion on surrounding hillsides, and
improve public safety Grantee agrees to evaluate the need for such repairs and maintenance
as soon as practicable and undertake such work, if deemed necessary by Grantee and
Grantor in prevent farther damage to the Trail, the Trail Easement Area, and surrounding
lards, at Grantee's sole cost and expense as soon as practicable liereaftei Such plans for
:ni al repass and muter control measure., :t any, shatl be approved by Cnantor pror t:
implementation, which approval hall not he unreasonably withheld
5 Si,g_ns Grantor may place and maintain a sign or signs on the Property, Including
at or atong the Trail The size of the sign,and the Location,design and content of such signs shall
he at Grantor's disci-churl and in accordance v lli applicable signage regulations Grantor shah
he responsible for the maintenance of any scch signs Grantee may also install and maintain
signs in gu.'.c Trail access-ale,and reg::,ton., and the Panics may agree to pinny meta':and
maintain signs
Management plan or MOA Ems Trail Easement refers to a management plan or
MOA, w hall, if prepared. shall be dune at Grantee , espeme and mutually approved by the
Pante, So tong as the tears of this Easement arc sufficient to guide the care, maintenance, and
management of me 1 raft, and trail Easement a management plan or MOA shall not he required,
h;wevcr Grantor may request that Grantee prepare such management plan or MOA withal a year
from the date of request, or upon other mutually agreed timeline. should Grantor deem it
reasonably necessary tor (a) the proiecnoo of Grantor's Property adtacent to or crossed by this
bat Easement, (b) the protection of ecological resources, or lc) the improved care and
management of the "Lail and Trail Easement, including seasonal closures The management
pia:, of AWA may he amended ircrn time t; nice as appropriate upon mutual agreement o:
the Parties The Parties acknowledge that mus nianageinent plan or MOA and any amendments
the:eta, most be approve: by Grantee at e putt t. meettr,g noticed :n advance as requited by
applicable state and local laws,
7 insurance arid ,trability It R :he intention of the Pana: in make the Trail
available to the public for the recreational puuyvees des.ubed above without charge and to limit
the Parties' .:anility to persons entering theicon for stock purposes Grantee shut insure the Trail
Easement granted hereto and 1 rad Easement Area, and name Grantor a,an additional insured on
such po'tcy with coverage of no less than 45 milttrn per claim at o:ccun meet Nothing herein shall
constitute a waver of Grantee s nghs a pros ided in C: R S §§ 24 10-101, et scq nor of
Gra-nuns nghts pursuant to Colorado's Recreational Use Statute C K S § 33-41-103, the
:anti el a hrch provides that an owner of land who either directly or indirectly mates or
pawns, without charge, any person to use such property for recreational purposes does not
thereby ta) extend any assurance that the pretra cs are safe for any purpose,(hi confer upon
such person the legal status of an 'M tee of lueusee to whom a duty of care is owed, or (c)
assume responsibility or :c,ur liability for any tn,ury to p elsot, 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 e "tescatmual purpose" under C R S Section 3341-
101, et sr.7, 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 soy By granting this Trait Easement,Grantor shale, have nu
obligation to repair clear, or otherwise maintain the Trail Easement Area, or to insure or
indemnify Grantee or the public fur any injury, 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-
motorized trace' or any other ise, or due to the condmon of the T rat Easement Area
8 Amendment This Trail Easement nun otiy he amended by a writing signed by
Grantee and Grantor and recorded in the Pitkin(aunts rea property records
9 Comrolli&law The mlerpretattan a•Jd perfumiance of this Trail Easement shall
be governed by the laws of the State of Colorado
I0 Sea erabiiitt If any provision of th s Lai' easement, or the appiicahun thereof to
any rerson or circumstance, is wand to he invalid, the remainder of the pros sions of this I rad
Easement shall he deemed severable and remain in full tone and effect
I : Entire Agreement This instrument set tjrtii the entire agreement between the
Panics with respect to the Trail Easement and supersedes all prior discussions, negotiations,
understandings,or agreements rela ,ng to the 1 rad Easement,d, of which are merged herein
:2 No Forfeiture Nothing contained bereft: will result in a fterfe9tire or reversion of
Grantor s title in any respect
13 Joint and Several ublgation rhe obligations imposed ny this Trail Easement
upon multiple Grantors and Grantees shad be Joint and several
14 Successors The saw enants terms, cuilit,otn and resins tuns t '' this Trail
Easement shall be binding upon, and inure to the 'bcnef' of the Parties hereto and Grantor's
Grantee's successor transferees, and assigns and shall eons rue as a servitude ruining wvh the
land :1 burdens
IS termination of Nights and Ohitgatmns A Partys rights and obligations under this
Trail Easement terminate upon transfer of the Party's interest in the Trail Easement, except that
Lability for acts or omtssnms oceisnng prior id the naistri shall survive the transfer
.6 Captions the capnsns in this instrument have been inserted solely for
convenience of reference and are not : part of this •nstnnnent and shall have no effect upon
construction ur intern;elation dueonsistent with the under Ins text
17 ( ounteman The Parties may txc..me this instrument in ma or more
counterparts which shall, in the aggregate, he signed by all the Parties, each counterpart shall be
deenied an onginal instrument as against any Party es lin has signed it In the event of any
disparity between the counterparts pr odes ed,the recorded Limuterpart shall be controlling
IR Mcrker Unless the Panics expressly state that they intend a merger of estates or
S
interests to occur,no merger shall be deemed to have occurred hereunder or under any document
executed in the future affecting this Trail Easement
19 Annual ADDropnation 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 appropnated for such year, ii) as creating a debt or multiple fiscal year direct
or indirect debt or other financial obligation whatsoever within the meaning of Article X, Section
6 or Article X, Section 20 of the Colorado Constitution or any other constitutional or statutory
limitation or provision, or in) as a donation or grant to or in aid of any person, company or
corporation within the meaning of Article XI,Section 2 of the Colorado Constitution
20 Authunty to Execute Each party represents to the other that such party has full
power and authonty 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 do so, and that this Trail Easement constitutes a valid and
legally binding obligation of said party enforceable against said party in accordance with its
terns
IN WITNESS WI-FREOF, the panes hereto have executed the foregoing on the day and
year above first given
GRANTOR
ASPEN VALLEY LAND TRUST,
a Colorado nonprofit corporation
By ___ fyL+,1�E r.,1 "
l 1
Suzanne FStephens, Execut Director
STATE OF COLORADO )
) ss
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this ZhA day of
ANf)RSr 2018,by Susanne F Stephens,Executive Director of
Aspen Valley Land Trust,a Colorado nonprofit corporation
WITNESS my hand and official seal
[SEAL] ( - k14-�v �Y
Nota Public V I""' 1 0 , [I . LU/ 3
My commission expires
S
JEANNE HAYES
NOTARY PUBLIC
STATE OF COLORADO
NOTARY alt 2010104{192
MY COMMISSION EXPIRES OCTQOEP 1E1 7018
ACCEPTED BY:
GRANTEE:
BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,Colorado,
a body corporate and politic
)
Br _ lata
Patti Clapper,Chairman
STATE OF COLORADO )
ss
COUNTY OF PITIUN /��,
The f oing do,ument was acknowledged before me on thi(AVV''day of rat
2018,by __ ff :�9[xv r Cha .. of the BOARD OF COUNTY
COMMISSIONERS OF P IN COUNTY,Colorado,a body corporate and politic.
WITNESS my hand and official seal.
[SEAL 1/,1iI /_F(
RICHARD YOUNG NEILEY III Notary?l • n
Not.ry Paalb My co • rasion expires:
stets or Cobnaa
Not. ID.20174021111
CITY OF ASPEN,Colorado,
a body corporate and politic
By /f
STATE OF COLORADO )
ss
COUNTY OF PITKIN ) r.1
The foregoing document was acknowledged before me on this I day of /P.;1 L,�i�
2018,by7•kr iu.,.1 t1 i,31 vytAe — ) ,
of CITY OF ASPEN, Colorado, a body coryorate and politic
WITNESS my hand andofficral seal. ,^� N _ r�,t l
(SEAL] 14T _
Notary Public
TARA L. NELSON Mycommwron expires-
NJ-AR,' I+JE i
ST-0" LJ-<A:;:
NOTMR, p",'..44 35J17
My Cr
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EXHIBIT A
Property Legal Descnption
A parcel of land situated in Sections t,and 1, 1 ownship 10 South, Range 84 West of the 6a P M ,
P.tk,n 4 curdy.Co:omdo,more fully Jca.nhed as tedlows'
Beginning at the southwest comer of 1 est t, sold Sewon 7,a found 1978 hrest.cap.
Thence N 00701'00"F 939 51 fee,
Thence S 89'59 00" W 1611 14 feet,
Thence N 04700610"W 139 10 feet
Thence Fav 86 h9 feet,
Thence N 53'15'00"E 145 72 feet,
Thence N 60°00'00"E 7g feet,
Thence N 81`00910"F?73 4h feet
Thence S 82900"L 117 50 feet,
Thence 70630'00"F ill OS feet,
thence 5515'02 C 105 14 feet,
Thence S 69`00'00"E So 32 feet,
Thence South 16 41 feet;
Thence S 86'421107 W 366 54 feet,
Thence S 76"47'00"W I 15 00 feet,
Thence South 510 Oct feet,
Thence S 06'02'OF F 447 14 feet,
!hence S 80449'0/1 W 3:6 11 feet tc 'ne pout el begtnnmg, contain/op 14 GO acres,mute or less
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