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HomeMy WebLinkAboutbocc.ord.028.2003 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO AUTHORIZING THE GRANTING OF AN EASEMENT TO THE CITY OF ASPEN FOR THE PURPOSE OF TRAIL CONSTRUCTION, OPERATION AND MAINTENANCE WITHIN THE CEMETERY LANE ROAD RIGHT-OF-WAY Ordinance No. ~ -2003 Recitals 1. The City of Aspen is desirous of placing a non-vehicular trail connection between Highway 82 and the Rio Grande Regional Trail adjacent to Cemetery Lane. 2. The City of Aspen has completed improvements to the first phase of this important connector trail from Highway 82 to Mountain View Drive. 3. A condition of a federal grant for congestion management and air quality awarded to the project requires all easements to be in place before bidding of project construction can occur. 4. The County has granted 1041 Hazard Review approval for the trail section as it passes through the Cemetery Lane road right-of-way and the adjacent property owned by the Aspen Valley Land Trust. 5. The granting of this easement will promote safe movement of non-vehicular travel along Cemetery lane by providing a separate, hard-surfaced trail that is removed from the existing road platform. NOW THEREFORE, be it ordained by the Board of County Commissioners of Pitkin County, Colorado that the Board of County Commissioners does hereby authorize the granting of an exclusive easement to the City of Aspen for the purposes described above. The easement is described more fully in the attached Exhibit A. Further the Board authorizes the Chairman to execute any necessary documents for the granting of the easement and federal grant. INTRODUCED, FIRST READ AND SET FOR PUBLIC HEARING ON THE 13th DAY OF AUGUST, 2003 NOTICE OF PUBLIC HEARING PUBLISHED IN THE WEEKEND EDITION OF THE ASPEN TIMES ON DAY OF_, 2003. APPROVED UPON SECOND READING AND PUBLIC HEARING ON DAY OF ,2003. Page: 1 of 10 / SILVI~I DAVIS PlTKIN COUNTy CO og/lEi/2003 82:0~ R e.ee o e.ee OFdinance # 05~ - 03 Page 2 PUBLISHED AFTER ADO. RTION IN THE WEEKEND TIMES ON THE 3 & DAY OF~.,er/~.,~./... ~ 2003. EDITION OF THE ASPEN A/~EST: ll~ BOARD OF COUNTY COMMISSIONERS : , OF PITKIN COUNTY, COLORADO ! ' ? JeJ~[nette Jone; "' BY:j~k~atfield,'Chai ,r~an" Dpputy Clerk and [ecorder Bb,Srd of County C~fmmissioners APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL: Beryl I~. Ey, idar, County Engineer Parle: 2 o¢ 10 09/16/2003 02:~'0P SILVIA OPmVIS PlTKIN COUNTY CO R 8.88 O 0.00 CEMETERY LANE TRAIL PROJECT City of Aspen 1" = 80' Page: 3 o¢ 0911612003 02:00P SILVIA DAVIS PITKIN COUNTY CO R TRAIL AND TRAILS FACILITIES EASEMENT AGREEMF NT TI~IS AGREEMENT, made the ;']& day of ~//z.~-~ , 2003, by and between the Board of County Commissioners o£Pitkin Cou/dty, Colorado, a Home Rule County, Owners (hereinafter referred to as "Grantor", and the City of Aspen (hereinafter referred to as "Grantee"). WITNESSETH WI:IEREAS, Grantor is owner of real property located in Section 1 and 12, Township 10 South, Range 85 West of the 6~ Principal Meridian, Pitkin County, Colorado, more fully described as the public right-of-way for Cemetery Lane Road (hereinafter referred to as the "Property"); and, ~I:IEREAS, Grantor wishes to grant to Grantee a trail easement across its property, generally located to provide a public trail along the west side of said Property; and, WIIEREAS, Grantor and Grantee desire to set forth in the Agreement the nature, terms and conditions governing the location, development and use of the trail easement. NOW, TBI*.REFORE~ for and in consideration of the mutual covenants and agreements hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, the parties agree as follows: 1. Grant of Trail Easement. Grantor hereby grants to Grantee a perpetual, exclusive public trail easement being twenty feet (20') in width, as measured from the west property line of the fight of way, as the same is shown on Exhibit "A" incorporated herein by this reference (hereinafter referred to as the "Trail Easement"). It is agreed and understood between the parties that the twenty foot (20') easement is granted to provide a trail tread of up to twelve feet (12') in width and twenty feet (20') for access by emergency and/or maintenance vehicles. 2. Use. The Trail Easement granted by the Agreement may be used by the public for all trail purposes and uses specified herein. The Trail Easement is granted for use by the public of a non-motorized travel ronte across Grantor's property for pedestrian, bicycle, cross-country ski, and similar use; and for City maintenance vehicles, emergency vehicles and equipment. All of the foregoing uses shall hereinafter be referred to as "Permitted Uses". Further, Grantor shall have the right to use and occupy the Trail Easement for all purposes which are not inconsistent with Grantee's full enjoyment of the fights hereby granted. Specifically, Grantor will be allowed vehicular and pedestrian use across the Trail Easement if the easement crosses or overlaps the Grantor's access to facilities within the Property, by improved or unimproved roads which will not be modified by the Trail Easement granted hereunder. The fight of ingress and egress and the responsibilities associated with such fight reserved by the Grantor, shall inure to the benefit of ail Grantor's successors and assigns to insure their reasonable access to the Property and various parts thereof. 3. Grantee's Responsibility. Grantee will be responsible for development (including the costs of any land use approvais), management and maintenance of the above described Trail Easement and/or related facilities in accordance with adopted and applicable trail design, construction and management standards and building Code and land use regulations, including appropriate signs for purposes set forth herei~ In particular, Grantee shail be responsible for placing signage to warn bicycle users traveling towards Stein Park to slow down in anticipation of the merger with the Rio Grande Trail prior to opening the trail for public use. Grantee has the right to maintain the property adjacent to Cemetery Lane in the areas within the right of way. In the event the grant of this Trail Easement requires a replatting of the Property, Grantee shail undertake such replatting at its expense. Grantee will be responsible for constructing the trail and any related facilities in a safe, stable and aestheticaily acceptable manner. Grantee shail post signs along the Trail Easement which identify Permitted Uses and roles for public use of the Trail Easement, and shail prohibit any use of the Trail Easement other than the Permitted Uses. Grantor shail also have the right and authority to enforce any violation of the restrictions on the use of the Trail Easement as set forth herein. All infoimational signage will be constructed of wood and/or metal and blend into the natural environment to the extent possible. Hazard warning signs will be constructed ofmetai. The trail will be constructed as represented during the 1041 Ha?-rd Review approvai for the trail and blend into the naturai environment to the extent possible. 4. Grantor's Responsibility. To convey a perpetual, exclusive public trail easement, and to repair damage to the trail caused by Grantor, except as caused by the access permitted by Paragraph "2" above and the normai wear and tear created thereby. Such repair shail restore the trail to the condition which existed prior to such damage and shail be completed within ten (10) days of the damage occurring or notice from Grantee that damage occurred, whichever happens first. Should Grantor fail or refuse to complete such repairs, Grantee, at Grantee's option, may complete the repairs and shail bill Grantor for the cost of the repairs, which bill Grantor agrees to pay immediately upon receipt. 5. Maintenance of the Trail Easement. Grantee shail maintain the Trail Easement in good order and repair. Grantee shall erect signs, in the form required by this Agreement, within the easement identifying the Trail Easement and explaining the location of and limitation upon the use of the easement, and shail place infommtionai, directional, and safety signs where necessary at its expense. Grantee shall not have the ability to erect signs not directly related to the management and use of the trail or to erect any signs outside of the easement area. Notice to Grantor will be required prior to installation of the above referenced signs,, but approval of Grantor for such instailation shall be deemed granted by execution of this document. 6. No Easement for Access. Nothing herein shail be construed to grant an easement across other property of the Grantor in order for individuals to gain access to the Trail Easement. 7. Insurance. The parties expressly acknowledge that Grantor is entitled to the benefits, protection and limilations on liability afforded by Colorado law governing recreational easements, Section 3341-101 et. seq., C.R.S. By granting the Trail Easement hereunder, Grantor shall have no obligation to repair, clear or otherwise' maintain the area within the Trail Easement except as specified in the Agreement. Grantor has no obligation to insure or indenmify Grantee for any injury, claim or damage to any person or property, whether alleged to have occurred while using the Trail Easement for the identified purposes or otherwise and due to the condition of the trail or otherwise, unless such injury, claim or damage occurred because of a dangerous condition created by the actions of the Grantor, Grantor's employees or invitees. By accepting the Trail Easement granted hereunder, Grantee agrees to add Grantor as an additional insured on any policy of liability insurance carried by Grantee and insuring against all claims or losses. Grantee shall, within one (1) month after recordation of this Agreement, and on or before January 1 of each subsequent year thereafter, furnish Certificates of Insurance to Grantor as verification of the acquisition and maintenance of such in.qurance. The policy shall provide that, in the event of cancellation or non-renewal, the insurance company will endeavor to notify the Grantee and Grantor. Grantee will guarantee that there is not a lapse in coverage to Grantor. 8. Duration; Runs With The Property. This Trail Easement is perpetn~! and irrevocable, and the burdens and benefits shall run with title to the Property and shall be enforceable against Grantor and Grantor's successors and assigns. However, if Grantee fails to begin conslxuction of the trail on or before March 18, 2006, this Trail Easement shall be automatically extinguished and all rights granted under it shall become null and void. 9. Relocation. The parties reserve the fight to relocate, at their respective costs, the Trail Easement to another location on or off of the Property which shall be acceptable to both parties, at any point in the future; and the parties shall agree they shall relocate the Trail Easement to a mutually acceptable location in the event unforeseen conditions require. The Grantee reserves the right to relocate the Trail Easement to another location off of the Property at any point in the future. In the event of any relocation by Grantee, the Grantee will be responsible for reclamation and revegetation of the previously developed areas of the Property. Grantor shall have the right to approve any restoration and revegetation plan and shall have the fight to require certain improvements to remain in place. In the event of relocation of the Trail Easement offof the Property, Grantor and Grantee shall enter into a written release of this Agreement and record the same in the real property records of Pitk/n County. 10. Condenmation/Annexation. In the event Grantee or any governmental authority of which Grantee is a part, seeks to condemn or annex any portion of the Property, Grantee shall not assert the existence of the Trail Easement as a factor diminishing the value of the Property. 3 11. Assignment. This Agreement and the various terms and conditions attached thereto may not be assigned by Grantee without Grantor's prior written consent, which shall not be unreasonably withheld. 12. Integration and Modification of Agreement. This Agreement contains the entire understanding of the parties. There are no representations, warranties, covenants, or undertakings other than those expressly set forth herein; and Grantor specifically acknowledges that all compensation and other consideration for the grant of the Trail Easement is accurately set forth in this Agreement and that there is no other consideration to be paid other than as reflected in this Agreement. This Agreement may not be modified or amended except in wrifmg signed by all parties hereto. 13. Captions. All heading and captions are solely for identification purposes, and have no effect on the interpretation or meaning of the provisions contained in each paragraph. 14. Attorneys' Fees. Should this Agreement or the relationship created hereby become the subject of litigation for any reason, the prevailing party shall be entitled to its reasonable attorneys' fees, expenses and court costs from the other. 15. Binding Effect. This Agreement shall be binding upon the parties hereto, their heirs, respective successors, personal representatives and assigns. 16. Governing Law. The laws of the State of Colorado shall govern the validity, perfmmance and enforcement of this agreement. 17. Notices. Notices and other communications which may be given, or are required to be given hereunder, shall be in writing and shall be deemed given to a party when delivered personally, or when deposited in the United States Mail with sufficient postage affixed, certified and return receipt requested, and addressed to such party at the respective address shown below: Grantor: Grantee: Board of County Commissioners City of Aspen of Pitkin County 130 South Galena Street 530 East Main Street, Suite 301 Aspen, CO 81611 Aspen, CO 81611 0~1/16/200;~ 02 $IkVlfi DfiVI$ ~ITKIN COUNTY CO R 0.00 ~) 0.00 I~ WITleSS WHEREOF, the parties have executed this agreement as of the day and year first above written. GRANTOR: PPd~in County Board o~' Commissioners ~i'~ST: Jo es // eputy County Clerk APPROVED AS TO FORM: GRANTEE: CITY OF ASPEN He en Klan~'~t~.td, Mayor ATTEST: Kathryn Ko~ City Clerk APPROVED AS TO FORM: SILVIA DI~VIS PITKIN COUNTy CO R O 00 Page: 8 of 10 09/16/2003 02:00p D 0.00 5 Jolf~-~st~r, e City Attorney Exhibit "A" Description of Trail Easement A parcel of land situated in the northwest quarter of the southwest quarter of Section 1, and lots 12 and 13 of Section 2, all in Township 10 South, Range 85 West of the 6th Principal Meridian, in place and Southerly of the Northerly line of said Lot 13, said parcel of land is described as follows: Beginning at a point on the westerly fight-of-way lin~ of said County Road whence the Section Comer common to Section 1, 2 11 and 12 in said township and range bears: 5.07°48'21"W 1692.76 feet; thence West 20.00 feet; thence N.85°45'00"E 55.00 feet; thence N.86°15'00"W. 825 feet; thence East 20.00 feet; thence N.85°45'00"E 55.00 feet; thence N.86°15'00"W. 825 feet; then West 20.00 feet to the Easterly property line of the Red Butte Tract; thence S.03°45'00"E. 825.00 feet; thence S.04°15"00"W. 55.00 feet to the point of beginning. The above-described parcel of land contains 0.38 acres, more or less. Page: 9 o¢ 10 e9/16/2003 02:00P SILVIR DI~VlS PITKIN COUNTY CO R 0.~0 D 0.~ Page: 10 o¢ 10 09/16/2003 02: 00P DAVIS PITKIN COUNTY CO R 0.~) D ~.~