HomeMy WebLinkAboutresolution.council.091-18 RESOLUTION # 91
(Series of 2018)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A TRAIL EASEMENT BETWEEN THE CITY OF
ASPEN AND THE COUNTY OF PITKIN AND THE ASPEN VALLEY LAND
TRUST AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID
TRAIL EASEMENT ON BEHALF OF THE CITY OF ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council a proposed Trail
Easement between the City of Aspen, Pitkin County and the Aspen Valley Land
Trust, a true and accurate copy of which is attached hereto as Exhibit "A";
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO,
That the City Council of the City of Aspen hereby approves the Trail
Easement between the City of Aspen, Pitkin County and the Aspen Valley Land
Trust, a copy of which is annexed hereto and incorporated herein, and does
hereby authorize the City Manager to execute said agreement on behalf of the
City of Aspen.
INTRODUCED, READ AND ADOPTED by the City Councilf the City of
Aspen on the 11th day of June 2018.
1� 1- k V 1
Steven Skadr n, Mayor
I, Linda Manning, duly appointed and acting City Clerk do certify that the
foregoing is a true and accurate copy of that resolution adopted by the City
Council of the City of Aspen, Colorado, at a meeting held, June 11, 2018.
Linda Manning, City Cit
TRAIL EASEMENT
THIS GRANT OF TRAIL EASEMENT is made and entered into this day of
, 2018, by and between Aspen Valley Land Trust (hereinafter
referred to as "Grantor"), and the City of Aspen, Colorado, and Pitkin County, Colorado
(hereinafter collectively referred to as "Grantee"), with the parties individually referred to as
"Party" or collectively as "the Parties."
WITNESSETH:
WHEREAS, Grantor is the owner of certain real property located in Pitkin County,
Colorado, as more fully described in Exhibit"A" and appended hereto ("Property"); and,
WHEREAS, Grantor is desirous of granting 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 ($10.00) and
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, Grantor hereby grants and conveys to Grantee, its successor and assigns, the
following trail easement as further described herein and subject to the following rights, terms,
obligations, and reservations:
1. Grantor hereby grants, transfers, and conveys unto Grantee and its successors and
assigns, for the use and benefit of the general public, a perpetual, non-exclusive easement in and
to, upon, over, on, under, and across Grantor's Property, which easement is described as a
fifteen-foot (15') wide strip of land, being seven and one half feet (7.5') on either side of the
centerline described and depicted on Exhibit `B" hereto (hereinafter, "Trail Easement"). 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 or otherwise
provided in this instrument. The trail permitted within the Trail Easement Area (the "Trail")
shall be soft-surfaced, constructed of permeable materials, 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 further set forth in a management plan or Memorandum of
Agreement("MOA") as necessary, which shall establish and control such details.
2. Grantee hereby accepts the condition of this 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 Trail Easement insofar as such activities may be allowed or required by this
Trail Easement.
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3. Trail Use Restrictions.
(a) Public Use and Closures. Public use of the Trail Easement shall be
exclusively for hiking, trail running, mountain biking (including as set forth in Section 3(b),
below),Nordic skiing, snowshoeing, and other non-motorized recreational uses provided for in
a management plan or MOA or, if none, as approved by Grantor, or as set forth in Section 3(b).
No other uses or activities are permitted. Unless otherwise provided 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 restrictions shall be the sole responsibility of
the Grantee, though Grantor shall have the right to monitor such 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 Trail may be seasonally closed
to public use to mitigate impact to wildlifa. in the area during sensitive times.. Grantee may
also enact temporary or seasonal closures as necessary for Trail repairs and maintenance
and for the protection of ecological resources within or adjacent to the Trail Easement
Area, including, but not limited to, erosion control, soil stabilization, and vegetation
management, as set forth in the management plan or MOA. The monitoring and
enforcement of any use restrictions and temporary or seasonal closures shall be by Grantee.
(b) Pitkin County Trail S,, sem. This Trail Easement is hereby declared to be part
of the Pitkin County Trail System, and the Trail Easement and use of the Trail shall 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 re-codified from time to time, and
such other statutes, rules or regulations that may be applicable from time to time, provided
always that the provisions of this Trail Easement shall control wherever they are more
restrictive than the provisions of applicable county code, statutes, rules or regulations.
Notwithstanding anything to the contrary in this instrument, if Title XII of the Pitkin
County Code or regulations adopted pursuant thereto are amended to allow electric motor
pedal assist bicycles on dirt single track trails within the Pitkin County Trail system,
Class I of such 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 Trail.
(c) Trail. Easement Care and Maintenance. Grantee hereby assumes complete
responsibility for the maintenance of the Trail Easement Area and agrees to care for and
maintain the Trail 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
responsibilities shall include, but not be limited to, trash and debris removal, keeping the
Trail clear of undesired rocks, vegetation and other obstructions, Trail grooming as needed,
improving or fixing eroded sections of the Trail and generally controlling erosion and water
runoff from the Trail Easement Area, and general care and maintenance of the Trail Easement
as may be set forth further in the management plan or MOA. Grantee agrees to use best care
in the maintenance of the Trail and any improvements within the Trail Easement Area, and
agrees to avoid damage to the land surrounding the Trail and Trail Easement Area and
improvements thereon, and further agrees to promptly (and in no circumstance beyond thirty
(30) days after damage) restore such land and improvements to the same or better condition
they were in immediately prior to any damage to the Trail or Trail Easement Area. Grantor
and Grantee agree to consider future re-alignments of the Trail if it is determined that the
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existing alignment of the Trail is detrimental to the ecological health of the Property, or
detrimental to the intended uses of the Verena 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 to stabilize the Trail, 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 to prevent further damage to the Trail, the Trail Easement Area, and surrounding
lands, at Grantee's sole cost and expense as soon as practicable thereafter. Such plans for
initial repairs and erosion control measures, if any, shall be approved by Grantor prior to
implementation, which approval shall not be unreasonably withheld.
5. Signs. Grantor may place and maintain a sign or signs on the Property, including
at or along the Trail. The size of the sign, and the location, design and content of such signs shall
be at Grantor's discretion and in accordance with applicable signage regulations. Grantor shall
be responsible for the maintenance of any such signs. Grantee may also install and maintain
signs to guide Trail access rules and regulations, and the Parties may agree to jointly install and
maintain signs.
6. Managementplan or MOA. This Trail Easement refers to a management plan or
MOA, which, if prepared, shall be done at Grantee's expense and mutually approved by the
Parties. So long as the terms of this Easement are sufficient to guide the care, maintenance, and
management of the Trail and Trail Easement, a management plan or MOA shall not be 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 ecological 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 from time to time as appropriate upon mutual agreement of
the Parties. The Parties acknowledge that any management plan or MOA, and any amendments
thereto, must be approved by Grantee at a public meeting noticed in advance as required by
applicable state and local laws.
7. Insurance and Liability. It is the intention of the Parties to make the Trail
available to the public for the recreational purposes described above without charge and to limit
the Parties' liability to persons entering thereon for such purposes. Grantee shall insure the Trail
Easement granted herein and Trail Easement Area, and name Grantor as an additional insured on
such policy with coverage of no less than$5 million per claim or occurrence.Nothing herein shall
constitute a waiver of Grantee's rights as provided 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 provides that an owner of land who either directly or indirectly invites or
permits, without charge, any person to use such property for 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 invitee or licensee to whom a duty of 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-
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101, et seq., 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 seq. By granting this Trail Easement, Grantor shall have no
obligation to repair, clear, or otherwise maintain the Trail Easement Area, 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 Trail Easement for public non-
motorized travel or any other use, or due to the condition of the Trail Easement Area.
8. Amendment. This Trail Easement may only be amended by a writing signed by
Grantee and Grantor and recorded in the Pitkin County real property records.
9. Controlling Law. The interpretation and performance of this Trail Easement shall
be governed by the laws of the State of Colorado.
10. Severability. If any provision of this Trail Easement, or the application thereof to
any person or circumstance, is found to be invalid, the remainder of the provisions of this Trail
Easement shall be deemed severable and remain in full force and effect.
11. Entire Agreement. This instrument sets forth the entire agreement between the
Parties with respect to the Trail Easement and supersedes all prior discussions, negotiations,
understandings, or agreements relating to the Trail Easement, all of which are merged herein.
12. No Forfeiture. Nothing contained herein will result in a forfeiture or reversion of
Grantor's title in any respect.
13. Joint and Several Obli ag tion. The obligations imposed by this Trail Easement
upon multiple Grantors and Grantees shall be joint and several.
14. Successors. The covenants, terms, conditions, and restrictions of this Trail
Easement shall be binding upon, and inure to the benefit of, the Parties hereto and Grantor's
Grantee's successors, transferees, and assigns, and shall continue as a servitude running with the
land it burdens.
15. Termination of Rialits and Obligations. A Party's rights and obligations under this
Trail Easement terminate upon transfer of the Party's interest in the Trail Easement, except that
liability for acts or omissions occurring prior to the transfer shall survive the transfer.
16. Captions. The captions in this instrument have been inserted solely for
convenience of reference and are not a part of this instrument and shall have no effect upon
construction or interpretation if inconsistent with the underlying text.
17. Counterparts. The Parties may execute this instrument in two or more
counterparts, which shall, in the aggregate, be signed by all the Parties; each counterpart shall be
deemed an original instrument as against any Party who has signed it. In the event of any
disparity between the counterparts produced,the recorded counterpart shall be controlling.
18. Merger. Unless the Parties expressly state that they intend a merger of estates or
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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 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; 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 iii) 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. 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 do so, and that this Trail Easement constitutes a valid and
legally binding obligation of said parry enforceable against said party in accordance with its
terms.
IN WITNESS WHEREOF, the parties hereto have executed the foregoing on the day and
year above first given.
GRANTOR:
ASPEN VALLEY LAND TRUST,
a Colorado nonprofit corporation
By:
Suzanne F. Stephens, Executive Director
STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this day of
, 2018, by Suzanne F. Stephens, Executive Director of
Aspen Valley Land Trust, a Colorado nonprofit corporation.
WITNESS my hand and official seal.
[SEAL]
Notary Public
My commission expires:
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