Loading...
HomeMy WebLinkAboutbocc.con.203.2006~~_ .Lrp~*.¢I~~W19[ain Trail Easement Page : 1 of 6 II II II II III I I I I III II I I I II 532102 iw~l'~~~/1 ~F .~/~ 12/12/2006 01 .38i C' -:1+~ ~~ JfiNICE K VOS CFUDILL PITKIN COUNTY CO R 0.00 D 0.00 PUBLIC TRAIL AND PARKING EASEMENT ~ Z ~ THIS PUBLIC TRAIL AND PARKING EASEMENT (the "Easement"), made O ~ and entered into thisl~ day of~~, 2006, by and between Crown Mountain Ranch d - \ LLC, a Colorado Limited Liability Limited Partnership (collectively referred to as W ~ "Grantor"), and the BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, ~ ~ I COLORADO, a body corporate and politic ("Grantee"), w ~ RECITALS: ~ ~ 1. Grantor is the record owner of certain real property located in Pitkin County which lies between Sopris Creek Road and adjacent federal public lands. 2. Grantor has agreed to convey a public, non-motorized Trail and Parking Easement on Parcels 1 and 2 as depicted on the Crown Mountain Ranch Amended Subdivision Exemption Plat recorded ~ ~ ~ ~ ~ .7~ at S~~~I~I \o t~~~~ P ~ ~- in the location depicted on the aerial photo identified as Exhibit A; and 3. Grantor desires by this instrument to establish and to grant to Grantee a perpetual Trail and Parking Easement over the property of Grantor which would connect Sopris Creek Road to adjacent federal public land, and provide limited parking, as described in Exhibit A. Motorized use shall be limited to the existing driveway between Sopris Creek Road and the parking area as identified on Exhibit A ,attached hereto. 4. Grantee desires by this instrument (a) to accept said Trail and Parking Easement subject to the restrictions set forth herein, and (b) to assume certain responsibilities in connection therewith. AGREEMENT NOW, THEREFORE, for and in consideration of the mutual covenants and agreements set forth herein, and for other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, Grantor and Grantee agree as follows: 1. Grant of Public Trail and Parking 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 Trail Easement to be located as depicted on Exhibit A. Use of the trail easement shall be exclusively non-motorized except for access to the parking area across that portion of the trail easement between Sopris Creek Road and the parking area, as further depicted on Exhibit A. The parking area is anticipated to be 60' by 100', in a configuration large enough to accommodate a truck towing a horse trailer to back up and turn around, to be staked in the spring of 2007. Grantor also hereby grants, transfers and conveys unto Grantee and its successors and CAKBRVClark Tom~Gown Mm PUBLIC iRA1L AND PARKING EASEMENT 12 01 06.doc 532102 Crown Mountain Trail Easement IIIIIII VIII IIIIII IIII IIIIIII III IIIIIII III VIII IIII IIII 0 /2912/02 00 00 1 .38 assigns, for the use and benefit of the general public a 30' by 60' Parking Easement as depicted on Exhibit A. 2. Trail and Parking Use Restrictions. (a) Public use of the Trail Easement shall be exclusively for hiking, horseback riding, and bicycling, and similar non-motorized recreation. No dogs, or other uses or activities are permitted whatsoever. Public use of the Parking Area shall be limited to no more than five motor-vehicles, and no vehicles may remain in said parking area between 8 pm and 6 am. Grantee may further restrict the public uses allowed by this Easement, including limitations on the times and numbers of visitation, if such restrictions are necessary for the protection of ecological resources including, but not limited to, wildlife and vegetation on adjacent public lands. (b) The Public Trail and Parking Easement is hereby declared to be part of the Pitkin County Trail System, and the use of the Public Trail and Parking Easement shall also be 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 Public Trail and Parking Easement shall control wherever they are more restrictive than the provisions of said Title XII. (c) Trail and Parking Easement Care and Maintenance. Grantee hereby assumes complete responsibility for and agrees to care for, groom and maintain the Public Trail and Parking 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, assigns, or its successor in interest in the ownership of the underlying real property in which case Grantor or its successor in interest, shall perform the maintenance or care so required provided however that Grantor is not responsible for said damage if caused by livestock, horses or third parties. Grantee's maintenance responsibilities shall include, but not be limited to, trash and debris removal, keeping the Trail and Parking clear of rocks, vegetation and other obstructions, grooming as needed, controlling erosion and water runoff, and general care and maintenance. Grantee may install turnstiles or other similar structures to insure that livestock enclosures are secure despite the passage of the trail through them. Grantee may further install a bicycle rack at the parking area. The design of any such structure shall be subject to the approval of the Grantor, such approval not to be unreasonably withheld. 3. Enforcement. Grantee agrees to enforce diligently all covenants and use restrictions set forth herein and all other applicable rules and regulations as C:AKBRVClark TomVCrown Mtn PUBLIC TRAIL AND PARKING EASEMENT 12 Ol 06.doc 2 Crown MOnntain Trail Easement Page : 3 of 6 III II VIII II III I I IIIIII VIII II III 532 20 6 01.38 JRNICE K VOS CRUDILL PITKIN COUNTY CO R 0.00 D 0.00 may be contained in Title XII of the Pitkin County Code, and to prosecute violations thereof. 4. Grantor's immunity and Grantee's Obliz;ation to insure. The parties expressly acknowledge that the Public Trail and Parking Easement is granted for a "recreational purpose" under C.R.S. Section 33-41-101, et sec ., and that Grantor is entitled to the benefits, protections and limitations on liability afforded by Colorado law governing recreational Easements, including without ]imitation said Section 33-41-101, et seg. By granting the Public Trail and Parking Easement, Grantor shall have no obligation to repair, clear or otherwise maintain the area within the Public Trail and Parking 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 Public Trail and Parking Easement for public non-motorized travel or otherwise, or due to the condition of the Public Trail and Parking Area. Grantee further agrees to add Grantor (and its successors and assigns in the ownership of the underlying real property traversed by the Public Trail and Parking Easement, or any part thereof) as additional named insureds on its comprehensive general liability insurance policy, which insurance shall be maintained by the Grantee to provide protection against liability from claims arising out of the use of the Public Trail and Parking 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 her 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. 5. Attorneys' Fees. In the event the interpretation or enforcement of this Public Trail and Parking 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 Public Trail and Parking 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. 6. Binding Effect. This Easement 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 Public Trail and Parking 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 Public Trail and Parking Easement. This Easement may only be amended by a writing signed by Grantee and by the then-record owners of the underlying real property traversed by the Public Trail and Parking Easement. C:\KBR\Clark Tom\Crown Mtn PUBLIC TRAIL AND PARKING EASEMENT 12 Ol 06.doc 3 Crown Mountain Trail Easement Page: 4 of fi II II II II III III II II I I II 532 2O 6 01.38 dRNICE K VOS CRUDI LL PITKIN COUNTY CO R 0.00 D 0.00 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the day and year first above written. GRANTOR: By: J. Thoma lark, Crown Mountain Ranch LLC, Manager STATE OF COLORADO ) ss. COUNTY OF PITKIN ) he foregoing instrument was acknowledged before me this ~~ day of ~~ , 2006, by J. Thomas Clark, Manager of Crown Mountain Ranch LLC. Witness my hand and official seal. My commission expires: °3 . l 1 ' -3 0 Notary Pu lic GRANTEE: Board of County Com ~ rs o rtkin ounty, Colorado By: ~~ lZ~/ ~< Michael Ireland, hair ATT1;i/ST//~// /^//l _ ') i f/,(.' / (~-l~`,. i, ~ (.'C `, fi`r' Jeanette Jones Deputy Clei-k and Recorder Approve ~~ Jo y A rn Manai;er Approval ~ ~ _~~~- Hilary County Manager ~L2 ~ LI~"E~ Recommend for Approval C:\KBR\Clark Tom',Crown Mtn PUBLIC TRAIL AND PARKING EASEMENT 12 OI 06.doc Crown Mountain Trail Easement Dale L. Will, Director Open Space and Trails IIIIIII VIII IIIIII IIII IIIIIII III IIIIIII III VIII IIII IIII 5 e ~ ~z©6 a t : ae JRNIGE K VOS ORUDILL PITKIN COUNTY CO R 0.00 D 0.00 COUNTY OF PITKIN ) The foregoing instrument was acl owl~dged before me this ~'^ day of 1>C c~,\~~;' ~ , 2006, by P `~~" `r- ~~ upper as Chair of the Board of County Commissioners of Pitkin County, Colorado, and attested to by Jeanette Jones as Deputy ! ~l ~k` d Recorder of Pitkin County, Colorado. . ~ ,.........,r} ^r j` ~ ~.i~ness my hand and official seal. '~} ~gTa~~Y : ` des ~,' ~l,~v q~ommission expires: a C _ `r. ~ ~~~ t~ Not~r~Public Q\KB R\Clark Tom\Crown Mm PUBLIC TRAIL AND PARKING EASEMENT 12 OI 06.doc EXHIBIT A 5321 Q2 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII VIIIIIII IIIO 12912D2000001 38