HomeMy WebLinkAboutresolution.council.018-13 RESOLUTION NO. 18
(Series of 2013)
A RESOLUTION OF THE CITY OF ASPEN, COLORADO, APPROVING A PRE-
ANNEXATION AGREEMENT FOR THE SOUTH PORTION OF LOT 1, MOSES LOT SPLIT,
AND AUTHORIZING THE MAYOR AND THE CITY MANAGER TO EXECUTE SAID
DOCUMENT ON BEHALF OF THE CITY OF ASPEN.
WHEREAS, there has been submitted to the City Council a Pre-Annexation Agreement
between the City of Aspen and South Alps Road, LLC, a copy of which agreement is annexed
hereto as Exhibit 1 and incorporated by this reference (the"Pre-Annexation Agreement"); and
WHEREAS, the City Council believes that it is in the best interests of the City to approve
an agreement in substantially the form of the Pre-Annexation Agreement, such final agreement to
be first approved as to form by the City Attorney's office.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO, that the Pre-Annexation Agreement for the South Portion of Lot 1, Moses
Lot Split is approved and the City Manager and the Mayor are hereby authorized to execute an
agreement in substantially the form of the Pre-Annexation Agreement and all related documents on
behalf of the City of Aspen, after approval of the form thereof by the City Attorney's office.
Dated: �' ' L° , 2013. °
Michael C. Ireland, May,
I, Kathryn S. Koch, 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 2013.
Kathryn S. K(#, City Clerk
CITY OF ASPEN
PRE-ANNEXATION AGREEMENT
SOUTH PORTION OF LOT 1, MOSES LOT SPLIT
SOUTH ALPS ROAD, LLC
AND CONCERNING LOT 2, MOSES LOT SPLIT
ICIE JACKSON, LLC
THIS PRE-ANNEXATION AGREEMENT ("Agreement") is entered into and made on
, 2013, by and between the City of Aspen, a Colorado home rule municipal
corporation, whose address is 130 South Galena Street, Aspen, Colorado 81611, hereinafter
referred to as the "City"; South Alps Road LLC, whose address is c/o Neil Karbank, 604 W.
Main Street, Aspen, CO 81611, hereinafter referred to as "Petitioner" and Icie Jackson LLC,
whose address is c/o Neil Karbank, 604 W. Main Street, Aspen, CO 81611 hereinafter referred to
as "Icie". This Agreement shall become effective following execution by Petitioner and Icie and
upon approval by the City Council of the City of Aspen evidenced by a duly approved resolution
and by the execution of the Agreement by either the City Manager, Mayor, or Mayor Pro-Tem.
RECITALS AND REPRESENTATIONS
1. City, Petitioner and Icie desire to enter into this Pre-Annexation Agreement herein and
referred to herein as the "Agreement" for the convenience of the parties.
2. Petitioner is the owner of Lot 1, Moses Lot Split, according to the plat recorded June
26, 1987 in Plat Book 19 at Page 83 as Reception no. 290474, of the records of Pitkin County,
Colorado(hereinafter the "Moses Lot Split Plat"), a portion of which is located within Pitkin
County, Colorado outside of the municipal boundary of the City, the legal description of said
portion described more fully in Exhibit A attached hereto and incorporated by this reference
(hereinafter the "Property Proposed to be Annexed" or the "Property").
3. Petitioner submitted its Petition for Annexation, along with four copies of an
Annexation Map meeting the standards of C.R.S. §31-12-107(d), on December 6, 2012 and the
hearing on the Petition is scheduled for February 25, 2013.
4. The Property Proposed to be Annexed is more than 1/6 contiguous with the existing
City boundaries and is otherwise eligible to be annexed into the municipal boundaries of the City
in accordance with the Colorado Municipal Annexation Act of 1965, as amended, C.R.S.
2.15.13 mkb
Sections 31-12-101, et se ..
5. The Property Proposed to be Annexed is traversed by a trail that is depicted on the
Moses Lot Split Plat, which trail does not meet current City trail standards with regard to the
easement width and surveyed location. City Parks has requested that Petitioner execute the
Amended and Restated Trail Easement attached hereto as Exhibit B and incorporated by this
reference, and provide a surveyed center line description of the trail as a condition of annexation.
6. The City Engineer has requested that Petitioner submit an annexation plat that
complies with current City Engineering standards, as set forth on Exhibit C and incorporated by
this reference.
7. Petitioner and Icie, the owner of Lot 2, as described on the Moses Lot Split Plat, have
a pending land use application with the City Community Development Department that includes,
among other things, a request for a revision to the boundary line between Lots 1 and 2, which, if
approved, will necessitate the recording of a new subdivision plat, which will also need to meet
current City Engineering standards. In addition, City Community Development has initiated
zoning for the Property Proposed to be Annexed.
8. Petitioner and City believe that it is in the best interests of the citizens of the City of
Aspen and Petitioner and desire to annex the Property Proposed to be Annexed into the
municipal boundaries of the City of Aspen subject to all of the terms and conditions of this
Agreement. City and Petitioner desire to enter into this Agreement to show Petitioner's consent
to these conditions set forth in paragraphs 5 and 6 of these recitals, and to allow the City to
determine that no election is necessary, as authorized by C.R.S. §§31-12-110, 111, and 112(2).
9. The conditions described in this Agreement will assist in the continuation of
recreational trails, thus fulfilling high priority goals of the City and the Aspen Area Community
Plan.
10. The conditions described in this Agreement will assist the City Engineering
Department and the City in having consistency in the information contained on City maps and
plats.
11. Petitioner and Icie desire to continue processing their development proposal and
application pursuant to the City's Land Use Code and agree that the City has not taken a position
on their development proposal nor on the zoning of the Property Proposed to be Annexed.
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13. Petitioner and Icie desire to condition the annexation proposed herein on the
granting of all requisite land use approvals on terms and conditions acceptable to Petitioner and
Icie in their sole discretion, following public input and comment, consistent with the City's Land
Use Code; and the parties recognize that the outcome of the land use proceedings are unknown.
The parties further recognize that annexation under the current circumstances is voluntary with
the Petitioner and that Petitioner may withdraw the-Petition for Annexation-at any time before
both (a) a City ordinance approving the annexation becomes final and (b) the City has granted the
requested land use approvals on terms and conditions acceptable to Petitioner and Icie in their
sole discretion.
14. The City is a home rule municipality of the State of Colorado and is authorized to
enter into this Agreement pursuant to C.R.S.§§ 31-12-110, 111, and 112(2).
NOW, THEREFORE, in consideration of the mutual covenants contained herein, IT IS
AGREED AS FOLLOWS:
I. THE TRAIL EASEMENT, SURVEY AND PLAT
Petitioner shall convey to the City, without cost to the City, an Amended and Restated Trail
Easement dedicating to the public the existing trail across the Property to be Annexed, including
a center line survey of the trail as it exists at the time of the survey, no later than 180 days from
the date of approval of Petitioner's pending land use application. Petitioner agrees to submit an
additional annexation map in the general form of the annexation map that was submitted with the
initial petition, or, if granted certain land use approvals, an amended subdivision plat of Lots 1
and 2 of the Moses Lot Split, such map or plat to meet the requirements of Exhibit C, within 180
days after the effective date of the annexation ordinance.
II. ZONING OF THE PROPERTY TO BE ANNEXED
Subject to all applicable processes and approvals, the Property Proposed to be Annexed shall be
zoned Moderate —Density Residential (R-15) and shall have placed upon it a Planned Unit
Development (PUD) Zone District overlay.
III. SCHEDULE FOR ANNEXATION
A. Petitioner and Icie may in their sole discretion continue, at their cost, the land use
application in accordance with the City's Land Use Code, and Petitioner acknowledges that its
withdrawing of consent to annexation may result in the denial of the requested land use
approvals.
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B. The City shall proceed with its scheduled evidentiary hearing on the Annexation Petition
and, if supported by the evidence at that hearing, will continue the annexation proceedings in
accordance with state law, but agrees not to hold its final hearing on any annexation ordinance
until after its determination of the land use application.
C. Upon the granting of all requisite land use approvals by the Aspen City Council on terms and
conditions acceptable to Petitioner and Icie in their sole discretion (as evidenced by the adoption
of an appropriate ordinance or resolution to which Petitioner and Icie consent), or without such
approvals, provided Petitioner continues to consent, City shall finalize the annexation of the
Property Proposed to be Annexed into the municipal boundaries of the City and thereafter
finalize the zoning of the Property to be Annexed.
IV. PETITIONER'S OBLIGATION.
A. Petitioner's obligation to annex.
Petitioner hereby consents and agrees to annex the Property Proposed to be Annexed into the
municipal boundaries of the City of Aspen upon the terms and conditions set forth in this
Agreement provided, however, that Petitioner's land use application is approved on terms and
conditions acceptable to Petitioner and Icie in their sole discretion. Petitioner acknowledges that
its withdrawal of its consent to annex prior to completion of the land use application may result
in the denial of the land use application. Petitioner may in its sole discretion choose to proceed
with annexation without a land use approval by continuing consent to the annexation.
B. Petitioner's obligation to pay for costs of annexation and land use applications.
Petitioner shall be responsible for the cost of annexation; the cost of recording this Agreement
with the Pitkin County Clerk and Recorder's Office; the cost of recording the Amended and
Restated Trail Easement Agreement; and for preparing and recording all plats required.
Petitioner and Icie shall be responsible for all costs associated with obtaining all land use
approvals and site-specific development plan approvals.
V. CITY'S OBLIGATION.
A. City's Obligation with Respect to Annexation_
City agrees to annex the Property Proposed to be Annexed provided all of the terms and
conditions of this Agreement are met. The parties acknowledge that annexation and zoning are
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subject to the plenary legislative discretion of the City Council of the City and the rights of
referendum and initiative reserved unto its citizens. Notwithstanding any language to the
contrary contained in this Agreement, no assurances of annexation, zoning, or land use approvals
have been made or relied upon by Petitioner.
B. City's obligation to schedule and conduct requisite public meetings.
City agrees that it shall schedule and process any necessary hearings, meetings or work sessions
to consider and take formal action upon Petitioner's applications for all land use approvals
necessary to achieve annexation, zoning and land use approval, in a timely and diligent manner.
City agrees to accept the annexation map previously submitted by Petitioner for purposes of
finalizing the annexation.
C. City's obligation to accept Subdivision Plat as the map referred to in Recitals 6 and 7.
City agrees that a Subdivision Plat that meets the requirements of Exhibit C will satisfy
Engineer's condition for a compliant annexation map. The requirements of Exhibit C may be
depicted on more than one survey page to provide legibility.
VI. CITY'S REMEDY FOR DEFAULT BY PETITIONER.
In the event that Petitioner defaults in any of its duties as set forth herein, in addition to any other
remedies set forth herein, City shall have the right of enforcement by an action for specific
performance filed in the Pitkin County District Court. In such event, the prevailing party shall
be entitled to recover all of its costs for enforcement or defending against enforcement, including
reasonable attorney fees.
VII. WAIVER.
A waiver by any party to this Agreement of the breach of any term or provision of this
Agreement shall not operate or be construed as a waiver of any subsequent breach by either party.
VIII. BINDING EFFECT AND COVENANTS RUNNING WITH THE LAND
The parties hereto agree that this Agreement, by its terms, and unless otherwise terminated, shall
be binding upon the successors, heirs, legal representatives, and assigns thereof and shall
constitute covenants running with both Lots 1 and 2 of the Moses Lot Split. In the event that all
or part of Lots 1 or 2 of the Moses Lot Split are sold, transferred, or otherwise conveyed to
additional or multiple parties, all owners shall be jointly and severally responsible for all terms,
Page 5
conditions, and obligations set forth in this Agreement to the same extent as the transferors.
IX. NO THIRD PARTY BENEFICIARIES.
It is expressly understood and agreed that enforcement of the terms and conditions of this
Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the
City, Petitioner and Icie, and subject, however, to the provisions of sections VIII and XV hereof,
nothing contained in this Agreement shall give or allow any such claim or right of action by any
other third person on such Agreement. Except for the enforcement provisions of section X and
XXI of this Agreement relating to the withholding of building permits for Lot 2, Moses
Subdivision and Icie, it is the express intention of the City, Petitioner and Icie that any person
other than the City or Petitioner or Icie receiving services or benefits under this Agreement shall
be deemed to be an incidental beneficiary only.
X. GOVERNING LAW AND ENFORCEMENT.
This Agreement shall be governed by the laws of the State of Colorado. The parties agree and
acknowledge that this Agreement may be enforced at law or in equity as a contractual obligation
consistent with annexation agreements. Thus, this Agreement is intended to provide a
contractual relationship between the City, Petitioner and Icie to ensure compliance with all rights
and requirements contained herein. In addition to any other available remedies, it is understood
and agreed that the City may withhold or revoke any permits or certificates, including but not
limited to building permits and certificates of occupancy, for either Lot 1 or Lot 2, Moses Lot
Split in the event of a breach of this Agreement by the Petitioner. The prevailing party in any
litigation between Petitioner, Icie and City concerning this Agreement shall be entitled to an
award of its attorney fees and costs. Icie is a party to this Agreement for the express purpose of
consenting to the restriction on building permits and certificates of occupancy.
XI. ADDITIONAL DOCUMENTS OR ACTION.
The parties agree to execute any additional documents or take any additional action that is
necessary to carry out this Agreement.
XII. EXECUTION IN COUNTERPARTS.
This Agreement may be executed in several counterparts, each of which shall be deemed an
original and all of which shall constitute but one and the same instrument.
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XIII. PARAGRAPH CAPTIONS.
The captions of the paragraphs are set forth only for the convenience and reference of the parties
and are not intended in any way to define, limit or describe the scope or intent of this Agreement.
XIV. INTEGRATION AND AMENDMENT.
This Agreement represents the entire agreement between the parties and there are no oral or
collateral agreements or understandings. Only an instrument in writing signed by the parties may
amend this Agreement. This Agreement is separate from and does not in any way change or
modify any agreements existing between or among any of the parties, except to the extent of any
inconsistencies, in which case the terms of this Agreement control.
XV. ASSIGNMENT.
All or part of the rights, obligations or responsibilities set forth in this Agreement may be
assigned by Petitioner or Icie without requiring the consent of the City.
XVL SEVERABILITY.
Invalidation of any of the provisions of this Agreement or any paragraph sentence, clause, phrase,
or word herein or the application thereof in any given circumstance shall not affect the validity of
any other provision of this Agreement.
XVII. RECORDATION OF AGREEMENT
The City shall record this Agreement with the Clerk and Recorder's Office of Pitkin County.
The Petitioner shall pay the reasonable cost of recordation of this Agreement. The terms,
conditions, obligations, rights and benefits of this agreement shall run with the lands to be
annexed hereunder.
XVIII. INCORPORATION OF EXHIBITS.
Unless otherwise stated in this Agreement, exhibits referenced in this Agreement shall be
incorporated into this Agreement for all purposes.
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XIX. ACTIONS AGAINST ANNEXATION AND DEVELOPMENT.
In the event that any person, corporation, special district, municipal or county government, or any
other entity or person asserts any claim against the City, its officials, or employees pursuant to
the provisions of the Colorado Municipal Annexation Act, C.R.S. § 31-12-101 et sec., or asserts
any other claim, based on any theory of law whatsoever, challenging the zoning and development
of the Property Proposed to be Annexed or any approval of the land use application as
contemplated by this Agreement, City shall defend against such an action and may consent to and
permit the entry by the court of an order voiding the annexation or reach another means of
settlement of claims, provided that no consent to an order voiding the annexation or settlement
which adversely affects the Petitioner's or Icie's rights hereunder or under any development
approvals contemplated hereby, shall be entered into without Petitioner's or Icie's written
consent (as the context may require). If by reason of such suit this Agreement is found to be void
or unenforceable, then as between City and Petitioner, the provisions of Sections I, IV.B and V.0
herein shall apply.
XX. APPEAL PERIOD.
Any time period established by this Agreement upon one or the other party to take any action
shall be suspended until the expiration of any jurisdictional appeal time for the initiation of a
judicial challenge to any action taken by the City or the time permitted for the initiation of an
initiative or referendum challenge. If the annexation of the Property Proposed to be Annexed, any
requisite land use approval, or any action required by the City is challenged by a referendum or
initiative, or is subjected to a judicial court proceeding, all provisions of this Agreement, together
with the duties and obligations of each party, shall be suspended pending the outcome of the
election or court proceeding (including any appeals). If the referendum, initiative, or court
challenge results in disconnection of the Property Proposed to be Annexed from the City, then
this Agreement shall be null and void and of no further effect. If the referendum, initiative, or
court challenge fails, then the parties shall continue to be bound by all of the terms and
provisions of this Agreement and any other agreements made in connection therewith.
XXI. TITLE.
When Petitioner dedicates or conveys the Amended and Restated Trail Easement to the City,
Petitioner shall provide to the City a copy of Petitioner's owner's title policy that shall indicate
that the property subject to the Amended and Restated Trail Easement is free and clear of all
encumbrances whatsoever which would impair the use of such easement as proposed in this
Agreement or in any further document. Further, said title policy shall show that the Amended
and Restated Trail Easement is free and clear of all encumbrances which would make said
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dedications or conveyances unacceptable to the City as the City, in its sole discretion,
determines; provided, however, that in the event that the Property to be Annexed is subject to a
deed of trust, then Petitioner may satisfy this obligation by obtaining from the beneficiary of such
deed of trust an agreement, in recordable form, subordinating, to the Amended and Restated Trail
Easement, the lien of such deed of trust.
XXII. TERMINATION BY WITHDRAWING CONSENT.
Petitioner may terminate this agreement only in writing by delivering to the City of Aspen, c/o
the Attorney's Office, a Notice of Withdrawal of Consent to Annexation, which notice shall be
delivered after final action on Petitioner's and Icie's land use application and before finalization
of the annexation ordinance. Petitioner shall record such notice after acknowledgement of
receipt by the City to evidence the termination of this Agreement.
CITY OF ASPEN, a municipal corporation
MicIV,el C. Ireland, Ma or
ATTEST: APPROVED AS TO FORM:
City Clerk -City Attorney
SOUTH LPS ROAD LLC
By:
Neil D. Karbank, Authorized Representative
STATE OF COLORADO )
)ss.
COUNTY OF PITKIN )
Acknowledged before me this 20th day of February, 2013, by Neil D. Karbank ' s c acity as
an Authorized Representative of South Alps Road, LLC -
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ICIE JACKSON LLC
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STATE OF COLORADO )
)ss.
COUNTY OF PITKIN )
Acknowledged before me this 20th day of February, 2013, by Neil D. Kar nk ' s capacity as
an Authorized Representative of lcp Jackson LLC.
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LIST OF EXHIBITS (IF
A - Legal description of Property Proposed to be Annexed.
B - Amended and Restated Trail Easement
C - Engineer's plat requirements
Page 10
LEGAL DESCRIPTION
All that certain property situate in,the.County of Pitkin, State of Colorado,.being within the
Southerly portion of Lot 1, as said Lot 1 Is shown upon that certain plat entitled "Moses Lot
Split"filed in the office of the Clerk and Recorder of Pitkin County, Colorado on June 26, 1987 in
Plat Book 19 at Page 83,said real property being more particularly described as follows:
Beginning at the most Southerly corner of said Lot 1;,thence North 05° 31' 27"West(shown on
said plat of"Moses Lot Split" as N 05° 19' 34" W) 154.87 feet along the Westerly boundary line
of said Lot 1 to the intersection of the City of Aspen "City Limits",line as said "City Limits" line is
shown between station SA7 and station SA8 upon that certain map entitled "South Annexation
to the City of Aspen, Colo" filed in the office of the Clerk and Recorder of Pitkin County,
Colorado on March 24, 1967 In Plat Book 3 at.Page 132; thence along said "City Limits" line
South 70° 37'.-2- V' East (shown on said map of"South Annexation to the City of Aspen, Colo" as
S 70° 37` E) 13136 feet to the intersection with the east boundary of said Lot 1, thence S 44°
43' 37",W (shown on said plat of"Moses Lot Split" as.S 45°00'.00"W) 155.43 feet to the point
of beginning.
EXHIBIT A
AMENDED AND RESTATED TRAIL EASEMENT
(City as Grantee)
THIS AMENDED AND RESTATED TRAIL EASEMENT is made and entered into this
day-of , , by and between South Alps-Road
LLC, of Aspen, Colorado (hereinafter referred to as "Grantor"), and the City of Aspen,
Colorado (hereinafter referred to as "Grantee").
RECITALS
1. Grantor is the owner of certain real property (the "Property") located in Pitkin
County, Colorado, legally described as All of Lot 1, Moses Lot Split, according to the lot split
plat recorded June 26, 1987 in Plat Book 19 at Page 83, records of Pitkin County, Colorado
(the "Lot Split Plat").
2. The Lot Split Plat reflects, in the south corner of the Property, a 15' wide
easement, granted to Grantee (the "Plat Easement"), for a "year round, pedestrian, bicycle and
Nordic ski trail easement 15' wide, traversing the parcel in the same location as the existing
Nordic trail. All motor vehicles with the exception of the Nordic council's grooming equipment
shall be precluded" (the "Plat Easement Standards")
3. Grantee has requested that the Plat Easement be widened to 20' and that the Plat
Easement Standards be amended and restated to provide for broader uses and different
limitations.
4. Grantor is willing to widen the Plat Easement and to amend and restate the Plat
Easement Standards to accommodate Grantee's desires, all as set forth herein.
5. Grantee is desirous of accepting such widening of the Plat Easement and the amendment
and restatement of the Plat Easement Standards, all as provided herein.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the Plat Easement and the Plat Easement Standards are hereby
amended and restated as follows
1. Grant; Amendment and Restatement. Grantor hereby grants and conveys to Grantee,
its successor and assigns, for the benefit of the general public, a 20 foot wide perpetual trail
easement and right-of-way, ten feet on either side of the centerline of the Plat Easement and as
described in Exhibit A attached hereto and by this reference incorporated herein, and as depicted
in the survey attached as Exhibit B (the "Amended Easement"), all subject to the terms and
conditions set forth herein (the "Restated Easement Standards").
2.15.13 mkb
2. Restated Easement Standards. The Plat Easement Standards are hereby
amended and restated as follows: The Amended Easement shall be for the installation,
construction, operation, use, inspection, repair and maintenance of a trail suitable for bicyclists,
pedestrians, cross country skiers, snowshoers, and for other similar non-motorized recreational
purposes, over and across the Property in the location and manner set forth in Exhibit "B" hereto.
No motorized vehicles shall be permitted within the trail easement except for emergency and
maintenance vehicles utilized by the Grantee.
3. Grantor's Representations. Grantor represents that it has no knowledge of any
recorded or unrecorded agreement, encumbrance, easement or conveyance with respect to the
Property which would preclude Grantee from using the Amended Easement for a trail as
contemplated herein. Grantor has provided a copy of its owner's title policy to Grantee,
showing free and clear title to the Property.
4. Grantee's Care. Grantee agrees to use reasonable care in construction of
improvements within the area of the Amended Easement, and agrees to avoid damage to the
surrounding land and improvements thereto, and further agrees to restore such surrounding land
and improvements to their condition immediately prior to any construction, improvements or
repairs to the trail in the Amended Easement once such construction, improvements and repairs
have been completed in each instance.
5. Liability. It is the intention of the parties to make the Amended Easement
available to the public for recreational purposes without charge, and to limit the parties' liability
to persons entering thereon for such purposes. In the event that either or both of the parties
might otherwise be liable under applicable state statutes, Grantee hereby agrees, to the extent
permitted by law, to indemnify, defend and hold Grantor harmless from and against claims or
awards for loss, damage or any liability including reasonable attorneys' fees and costs, which
may result from Grantee's acts or omissions covering and including, but not by way of
limitation, installation, excavation, fill, tree-cutting and trimming, construction, maintenance,
repair, replacement, public use or location of the trail or attendant facilities, as subsequently
determined by a court of competent jurisdiction. Nothing herein shall constitute a waiver of
Grantee's rights as provided in Section 24-10-101, et seq., C.R.S.
5. Term; Successors and Assigns. The easement granted hereunder shall be
perpetual. All rights, benefits and privileges granted, created or reserved herein, and all
impositions and obligations imposed hereunder, shall inure to the benefit of and be binding upon
the parties, their successors and assigns.
2
IN WITNESS WHEREOF, the parties hereto have executed the foregoing on the day and
year above first given.
South Alps Road LLC, Grantor
By:
Neil D. rank, Authorized Representative
State of Colorado )
ss.
County of Pitkin )
The foregoing instrument was acknowledged before me this 20th day of February, 2013,
by above named Grantor.
1C I(L WITNESS MY HAND AND OFFICIAL
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MARCIA POUTOUS Notary Public
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Address
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CITY OF ASPEN, a municipal corporation
Michael C. Ireland, Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
g.\forms\trail easement form.doc
3
EXHIBITS TO EASEMENT AGREEMENT
Exhibit A—centerline description of trail easement
Exhibit B— survey depicting trail easement
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CITY OF ASPEN ENGINEERING DEPARTMENT
COMPLIANT CITY OF ASPEN SURVEY CHECKLIST .
, $CITY or AsrgN
All.projects disturbing>1000 s.£of land within the City of Aspen require a Compliant City of
Aspen Survey. The following are the minimum requirements for a.compliant'City of Aspen
Survey:
❑ Survey performed or'verified within the last 12 months.
❑ Surveyor's certificate stating that the error of closure is less than 1115,000.
❑ Vicinity map showing the property surveyed in reference to nearby highway(s)or major
street intersections(shown at a legible scale).
❑ Monuments placed(or a reference monument or witness to the corner)at all corners of the
boundary of the property,unless already marked or referenced by an existing monument
or witness to the corner.
❑ Legend of symbols,scale,and north arrow.
❑ Survey tied to two COA(City of.Aspen,GPS Control Monumentation,dated 12-2-2009
on the Engineering website)monuments. Use 1988,NAVD datum.
o Overlaps and gores along the exterior of the boundaries. Explain how they were found.
o Legal description of property.
a All improvements within-five feet extending beyond the property boundaries,including
parking areas.
❑ Gross land area to the nearest thousandth of an acre.
❑ One foot contours and the datum of the elevations.
❑ Basis of bearing.
❑ Roads(edge of pavement as applicable),Rights-of-Way and distance to the nearest
intersecting street if within-200' of property.
❑ . Building(s)locations and dimensions with ties.
o Label easements and encroachments add reference numbers as applicable.
❑ 'Indication of access to a public rights—of-way on land such as curb cuts and driveways,
and waters adjoining the surveyed tract.
❑ List setbacks and building envelopes
❑ Names of adjoining owners bf platted lands or subdivision names.
a Location,species,trunk diameter of trees at 4'/2' from the ground,and extents of drip line.
❑ Natural hazards: Identify the areas that constitute natural hazard areas including but not
limited to snow slide,avalanche,mudslide,and rockslide,as identified by the City on the
2001 Surface Drainage Master flan and the 2009 Percent Slope Map. Differentiate areas.
with slopes from 30%to 40%and areas with slopes greater than 40%. Areas with slopes
from 30%to 40%and areas with slopes greater than 40%will require a slope stability
study performed by the Colorado Geological Survey(800-945=0451).
o Flood zone designation(with proper annotation based on federal Flood Insurance Rate
Maps or the state or local equivalent,by scaled map location and graphic plotting only.)
a Location of all utilities existing on or serving the surveyed property as determined by
observed evidence and observed evidence together with evidence from plans obtained
from utility companies or provided by client,and markings by utility companies and other
appropriate sources(with reference as to the source of information).
Revised 3-28-11
-EXHIBIT C.
n List all documents used in the survey with recording information.
n Label and delineate Public and Private roads.
❑ fonds,ditches, spring and rivers:.
t
Revised 3-28-11
EXHIBIT C