HomeMy WebLinkAboutbocc.ord.024.2000 t
AN ORDINANCE OF THE
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO, AUTHORIZING
ACCEPTANCE OF SUNNYSIDE TRAIL EASEMENT DONATION
ORDINANCE#0 V SERIES OF 2000
RECITALS
l. The Voters of Pitkin County and the Pitkin County Commissioners established an Open
Space and Trails Fund for the purposes of preserving and developing open space and trails
resources in Pitkin County.
2. The Sunnyside Trail connects National Forest lands in the Hunter Creek Valley with the
western edge of Aspen, where it currently ends at a small parking lot on the busy McClain Flats
Road.
3. Mary Dominick has offered to donate an approximately %2 mile trail easement to connect
Sunnyside with the Rio Grande Trail which follows the Roaring Fork River on the old railroad
grade.
4. In addition to the beautiful area the trails passes through as we approach the river, other
benefits of the donation include improved user safety by providing an alternative to McClain
Flats Road and encouraging users of Sunnyside not to drive to start their hike or ride.
5. The Roaring Fork Outdoor Volunteers hope to construct the trail with the assistance of
Open Space and Trails staff on June 3, 2000,National Trails Day.
NOW THEREFORE BE IT ORDAINED by the Board of County Commissioners of
Pitkin County, Colorado, that Pitkin County accept the attached trail easement. The chair is
authorized to execute the attached Trail Easement and such other documents as may be necessary
to complete the donation after approval of the form of such contract by the attorney's office.
INTRODUCED, FIRST READ AND SET FOR PUBLIC HEARING AT THE MEETING ON
THE 15th DAY OF DECEMBER 1999.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKEND EDITION
ON THE 15t,_DAY OF , 2000.
APPROV�,F�rD AND ADOPTED AFTER SECOND READING AND PUBLIC HEARING ON
THE ADAY OF May 2000.
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PUBLISHEP AFTER.ADOPTION IN THE ASPEN TIMES WEEKEND EDITION ON THE
DAY OF_,kLj ,2000.
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ATTEST: BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
B
Jeaneq Jones, She lie Roy
DepuV Clerk and R corder Chair /'�,, /��
Date:__��Q��
APPROVED AS TO FORM: MANAGER APPROVAL:
DIWah Quinn Ste Konc an
Assistant County Attorney ana er
ZWi
NDED PTION:
7
J
rector
Open Space and Trails
c:\dw\sunnyside\property\ord.doc
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PUBLIC FRAIL EASEMENT AGREEMENT
THIS PLTBLIC TRAIL EASEMENT AGREEMENT (the "Easement Agreement"),
made and entered into this,'e`day of%9, 2000, by and between THE MARJORIE B.
STEIN L.L.L.P., a Colorado limited liability limited partnership, and JAMES DAGGS as
SPECIAL TRUSTEE OF TRUST B u/w/o HENRY L. STEIN, deceased (collectively
"Grantor"), and the BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO, a body corporate and politic ("Grantee"),
RECITALS:
1. Grantor is the record owner of certain real property lying between McClain
Flats Road and the Roaring Fork River in Pitkin County, Colorado; and
2. The U.S. Forest Service trail known as the Sunnyside Trail presently
terminates on the northerly right-of-way line of McClain Flats Road; and
3. Grantee is the owner of an existing public trail along the former Rio
Grande Right of Way (the "Rio Grande Trail") which runs along the northerly side of and
roughly parallel to the Roaring Fork River; and
4. Grantor desires by this instrument (a) to establish and to grant to Grantee a
perpetual, non-exclusive trail easement over the property of Grantor for purposes of
connecting the Sunnyside Trail with the Rio Grande Trail, over and along the trail
alignment more particularly described on Exhibit A attached hereto and made a part
hereof by this reference, and (b) to establish certain restrictions with respect to said trail
-'." easement; and
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>0 5. Grantee desires by this instrument (a) to accept said trail easement subject
c z to the restrictions set forth herein, and (b) to assume certain responsibilities in
z Y connection therewith.
W 1_
W A.
W m AGREEMENT
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N z NOW, THEREFORE, for and in consideration of the mutual covenants and
m m agreements set forth herein, and for other good and valuable considerations, the receipt
ai and sufficiency of which are hereby acknowledged, Grantor and Grantee agree as
N follows:
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1. Grant of Public Trail Easement. Grantor hereby grants, transfers and
m°C conveys unto Grantee and its successors and assigns forever, for the use and benefit of
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a%. the general public, by quitclaim only and without warranties of title, a perpetual non-
exclusive easement and right-of-way over and along a twelve (12) foot wide strip of real
property which lies six (6) feet on either side of the centerline alignment generally
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depicted on attached Exhibit A (hereinafter referred to as the "Public Trail Easement").
Upon completion of construction of the trail by Grantee, Grantee shall have a centerline
description of the as-built trail alignment prepared by a licensed Colorado surveyor, shall
attach said as-built centerline description as an Addendum to this Easement Agreement,
and shall re-record this Easement Agreement with the Addendum attached.
Grantee hereby accepts the Public Trail Easement in an "as is" condition, 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 improvement or
maintenance activities within the Public Trail Easement insofar as such activities may be
allowed or required by this Easement Agreement.
2. Trail Use Restrictions.
(a) The Public Trail Easement shall be used exclusively for non-motorized
travel by the public, and for no other uses or activities whatsoever. No motorized
vehicles of any kind shall ever be permitted on the Public Trail Easement, excepting
emergency vehicles when necessary.
(b) No camping, fires, firearms, or noisy or otherwise offensive behavior, no
trespass onto adjacent private lands, and no commercial uses shall ever occur or be
permitted on the Public Trail Easement.
(c) The Public Trail Easement is hereby declared to be part of the Pitkin
County Trail System, and the use of the Public Trail Easement shall also be governed by
the rules and regulations and other provisions of Title IX of the Pitkin County Code
entitled "Trail Regulations", as said Title IX may be amended or recodified from time to
time, provided always that the provisions of this Public Trail Easement shall control
wherever they are more restrictive than the provisions of said Title IX.
M
& �'4 3. Public Trail Easement Care and Maintenance. Grantee hereby assumes
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complete responsibility for and agrees to care for, groom and maintain the Public Trail
aEasement in a clean and attractive condition and in a good and safe order and repair, at
G Z its sole cost and expense, unless the need therefor is caused by Grantor or its successor
Win interest in the ownership of the underlying real property, in which case Grantor or it
W successor in interest shall perform the maintenance or care so required. Grantee's
Wm maintenance responsibilities shall include, but not be limited to, trash and debris removal,
m keeping the trail clear of rocks, vegetation and other obstructions, grooming as needed,
C°Z controlling erosion and water runoff, and general care and maintenance. Except for
a m minor grading and the removal of small vegetation and rocks as needed, the natural
m m topography and vegetation of the Public Trail Easement shall never be altered or
N� disturbed in any way. Grantee may contract with a responsible third party to carry out
N to these care and maintenance requirements, which contract will not change or alter any of
these requirements or relieve Grantee of any of its responsibilities under this Easement
Agreement.
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4. Enforcement. Grantee agrees to enforce diligently all covenants and use
restrictions set forth herein and all other applicable rules and regulations as may be
contained in Title IX of the Pitkin County Code, and to prosecute violations thereof. In
addition, Grantor and its successors and assigns forever in the record ownership of the
underlying real property shall have the right (but never the obligation) at any time to
prosecute any action that may be necessary or appropriate to enforce said covenants and
use restrictions and Title IX rules and regulations by injunction and/or damages action or
otherwise, which action may join Grantee as a defendant if it has failed to perform its
covenants or its enforcement obligations hereunder. The prevailing party in any such
private enforcement action shall be entitled to an award of its reasonable costs and
attorney's fees incurred in connection therewith. If Grantor or it successors and assigns
in the record ownership of the underlying real property incurs any maintenance or
restoration costs occasioned by a violation of the terms of this Easement Agreement by
Grantee or members of the general public, Grantee agrees to promptly reimburse Grantor
or its successor or assign for all such costs.
5. Rights Reserved in Grantor. Grantor hereby reserves to itself and to its
successors and assigns forever in the record ownership of the underlying real property
traversed by the Public Trail Easement, or any portion thereof, the right at any time and
from time to time, at their sole cost and expense, and after reasonable advance notice to
Grantee to install and maintain underground utility lines and/or irrigation or drainage
pipes within and across the Public Trail Easement and/or to cross the Public Trail
Easement with driveways and/or motor vehicles for purposes of installing or maintaining
such lines or to access the land on the other side of the Public Trail Easement, at such
points and along such alignments as may be determined by Grantor or its successors or
assigns. Such reservation shall be for the benefit of and shall run with the title to the
underlying real property traversed by the Public Trail Easement, and all portions thereof.
Grantor, for itself and its successors and assigns, agrees to restore the surface of the
jPublic Trail Easement as nearly as possible to its pre-existing condition (and in all
instances to a usable condition) following any disturbance thereof as a result of the
W Z exercise of any of the rights reserved above.
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oZ 6. Grantee's Obligations to Defend. Hold Harmless and Insure. The parties
Z expressly acknowledge that the Public Trail Easement is granted for a "recreational
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W purpose" under C.R.S. Section 33-41-101, et. seq., and that Grantor is entitled to the
ca benefits, protections and limitations on liability afforded by Colorado law governing
a.m recreational easements, including without limitation said Section 33-41-101, et. seq. By
N z granting the Public Trail Easement, Grantor shall have no obligation to repair, clear or
m m otherwise maintain the area within the Public Trail Easement, or to insure or indemnify
m m Grantee or the public for any injury, claim or damage to any person or property, whether
N a alleged to have occurred as a result of use of the Public Trail Easement for public non-
mmotorized travel or otherwise, or due to the condition of the public trail.
mm
m By accepting the Public Trail Easement granted herein, Grantee hereby agrees to
defend (including reasonable attorneys' fees) and hold harmless Grantor and its
MMA�° successors and assigns in the record ownership of the underlying real property traversed
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by the Public Trail Easement, or any part thereof, to the full extent allowed under
Colorado law, from and against any and all claims, demands, causes of action, damages,
losses, liabilities, costs and expenses of any kind or nature (including those involving
death, personal injury or property damage) arising from or incurred in any way in
connection with the use of the Public Trail Easement by anyone, including members of
the general public, excepting any such claims or losses which may arise directly from the
willful and grossly negligent acts of Grantor and her agents or employees, or other
claims as described in C.R.S. Section 33-41-104(l). Grantee further agrees to add
Grantor (and its successors and assigns in the ownership of the underlying real property
traversed by the Public Trail 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 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 therefor from Grantor or any successor or assign,
provide a Certificate of Insurance as verification of compliance with these requirements.
7. Attorneys' Fees. In the event the interpretation or enforcement of this
Public Trail Easement Agreement 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 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.
8. Binding Effect. This Easement Agreement shall be binding upon and inure
o to the benefit of the parties hereto and their respective heirs, personal representatives,
04
-J V successors and assigns forever including all future record owners of the underlying real
yz property traversed by the Public Trail Easement, or any part thereof. The benefits and
>o burdens hereof shall also run with the title to the underlying real property and all parts
c z thereof traversed by the Public Trail Easement. This Easement Agreement may only be
z 0.4 amended by a writing signed by Grantee and by the then record owners of the underlying
real property traversed by the Public Trail Easement.
N
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"' IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as
N= of the day and year first above written.
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we GRANTOR: The Marjorie B. Stein L.L.L.P.
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N By.
bllr-N m
m m ry omin' k, General Partner
m�
o es Daggs as Special Tru ee of Trust B
u/w/o Henry L. Stein, Deceased
I RIM 1111111111111 MIN 1111111131111111111111111 IN 1111
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GRANTEE: Board of County Commissioners of Pitkin
County, Colorado
Shellie Roy, ChVr
4AR Pe-K
ATTEST:
4 ,Z
eanette Jones
Deputy Clerk and Recorder
Ap&oved as to Form: Manager Approval
I ,
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Debbie Quinn, Assistant County Suzanne lebrich4l, County Manager
Attorney
me or A r Aiaved as to Content
J
Dale L. Will, Director awk Greenway, Chair
Open Space and Trails Open Space and Trails
tea" Board of Trustees
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'moo m STATE OF COLORADO
o ) ss.
�N= COUNTY OF PITKIN )
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�m The foregoing instrument was acknowledged before me this 2 day of
2000, by Mary Dominick as General Partner of the Marjorie B. Stein
L.L.L.P., a Colorado limited liability limited partnership. *�,,,, ,,,,,, •
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�o o: Witness my hand and official seal. *�o�'��' •• RA� �A
�N :_y N OTA R
=40 o My commission expires: 2 1('i 102 is sp "
�/ � e
Notary Public � ' •. ,.,rT
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5
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this Z day of
2000, by James Daggs as Special Trustee of Trust B u/w/o Henry L.
Stein, deceased.
Witness my hand and official seal. ,•,',r 11E�i�.
My commission expires: -2(ri102-
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tG:
Notary Public A t
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this 4;;;t d day of
!/ti-C- , 2000, by Shellie Royas Chair of the Board of County Commissioners
of Pitkin County, Colorado, and at eS'tH3 by Jeanette Jones as Deputy Clerk and
Recorder of Pitkin County, Colorado.
Witness my hand and official seal. s ••"' r
oJ
My commission expires: y- b� i a, c
N'Vary P blic -1
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