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HomeMy WebLinkAboutresolution.council.079-03 RESOLUTION # 79 (Series of 2003) A RESOLUTION APPROVING AN EASEMENT AGREEMENT BETWEEN THE CITY OF ASPEN, COLORADO, AND ASPEN VALLEY LAND TRUST SETTING FORTH THE TERMS AND CONDITIONS REGARDING PHASE II CEMETERY LANE PEDESTRIAN TRAIL AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT WHEREAS, there has been submitted to the City Council an easement agreement between the City of Aspen, Colorado, and Aspen Valley Land Trust, a copy of which contract is annexed hereto and made a part thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITy COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the City Council of the City of Aspen hereby approves that easement agreement between the City of Aspen, Colorado, and Aspen Valley Land Trust regarding Phase 1I, Cemetery Lane Pedestrian Trail, a copy of which is annexed hereto and incmporated herein, and does hereby authorize the City Manager of the City of Aspen to execute said contract on behalf of the City of Aspen. Dated: ~ /~ , Mayor 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 Cit)~ Council of the City of Aspen, COlorado, at a meeting held september 8, 2003. ff Kathryn S. Koch, City Clerk Page: ! of ~. 09/16/2e03 09:32~ Page: ! of" ~1 09/16/2003 09:32; SILVIA D~4VI$ PITKIN COUNTY CO R 56.00 D 0.00 TRAIL AND TRAILS FACILITIES EASEMENT AGREEMENT THIS AGREEMENT, made the ~ day of,,.~-j/AJ ,2003~ by and between the Aspen Valley Land Trust (hereinafter referred to ~s "Grantor", and the City of Aspen (hereinafter referred to as "Grantee"). WITNESSETH WHEREAS, Grantor is owner of real property located in Section 1 and 12, Township 10 South, Range 85 West of the 6th Principal Meridian, Pitkin County, Colorado, more fully described on Exhibit "A" attached hereto and incorporated herein by this reference (hereinafter referred to as the "Property"); and, WHEREAS, 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, WHEREAS, 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, THEREFORE, 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 temporary, trail construction easement being twenty feet (20') in width, as measured from the east property line of the Property, as the same is described within Exhibit "B" incorporated herein by this reference (hereinafter referred to as the "Trail Construction Easement"). It is agreed and understood between the parties that a 15 feet (15') perpetual, exclusiye public trail easement, as measured seven and one half feet (7.5') either side of the centerline of the trail as constructed, is granted to provide a trail tread of up to ten feet (10') in width and fifteen feet (15') 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 route 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 rights hereby granted. Specificaily, 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 Propcr~y, by improved or unimproved roads which will not be modified by the Trail Easement granted hereunder. The right of ingress and egress and the responsibilities associated with such right reserved by the Grantor, shall inure to the benefit of all 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 approvals), 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 herein. Attached as Exhibits "C" and "D" are drawings depicting the representations regarding construction of the trail made by Grantee when negotiating this easement. In the event the grant of this Trail Easement requires a replatting of the Property, Grantee shall undertake such replatting at its expense. Grantee will be responsible for constructing the trail and any related facilities in a safe, stable and aesthetically acceptable mariner with the least mount of environmental impact. Grantee shall post signs along the Trail Easement which identify Permitted Uses and rules for public use of the Trail Easement, and shall prohibit any use of the Trail Easement other than the Permitted Uses. Grantor shall 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 informational siguage will be constructed of wood and/or metal and blend into the natural.environment to the extent possible. Hazard warning signs will be constructed of metal. The trail will be constructed as represented during the 1041 Hazard Review approval for the trail and blend into the natural 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 normal wear and tear created thereby. Such repair shall restore the trail to the condition which existed prior to such damage and shall 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 repmrs, Grantee, at Grantee's option, may complete the repairs and shall bill Grantor for the cost of the repairs, which bill Grantor agrees to pay immediately upon receipt. 5. Maintenance of the Trail Easement. Grantee shall maintain the Trail Easement in good order and repair. C~antee 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 shall place informational, directional, and safety signs where necessary at its expense. Notice to Grantor will be required prior to installation of the above referenced signs, but approval of Grantor for such installation shall be deemed granted by execution of this document. 6. No Easement for Access. Nothing herein shall 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 lim!tations on liability afforded by Colorado law governing 2 recreational easements, Section 3 3-41-101 et. sea., C.R.S. By granting the Trail Easement hereunder, Graritor 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 indemnify 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. 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 insurance. 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. If Grantee fails to provide insurance, Grantee agrees to indemnify Grantor for all losses which would have been covered by insurance had the insurance been in force. 8. Duration; Runs With The Property. This Trail Easement is perpetual 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. 9. Relocation. The parties reserve the right 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 furore; 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 offofthe Property at any point in the future. In the event °fany 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 right to require certain improvements to remain in place. In the eventofrelocation 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 Pitkin COunty 10. Condemnation/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. 11. Assignment. This Agreement and the various terms and conditions attached thereto may not be assigned by Grantee without Grantor's prior written co. nsent, which shall not be unreasonably withheld. 3 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 heroin; 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 writing signed by all parties hereto. 13. Captions. All heading and captions are solely for identification purposes, and have no effect on the !nterpretation 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 mason, 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, performance 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 Siates Mail with sufficient postage affixed, certified and return receipt requested, and addressed to such party at the respective address shown below: Grantor: Grantee: Aspen Valley Land Trust City of Aspen 320 South Main Street, Suite 204 130 South Galena Street Carbondale, CO 81623 Aspen, CO 81611 IN WITNESS WHEREOF, the parties have executed this agreement as of the day and year first above written. 4 GRANTOR: Martha Cochran, Executive Director Aspen Valley Land Trust STATE OF C~3 ~Om(~- (~) COUNTY OF 9 Y;~/~{-~I ~ The ~foregoing instrument was acknowledged before me this _~ day of G~TEE: CITY OF ASPEN ATTEST: Ka~ Ko~ City Clerk ~PROVED AS TO FO~: Ci~ A~omey Page: 5 of 11 5 Exhibit "A" Description of Property RED BUTTE TRACT 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 6t~ 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 right-of-way line 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 295.00 feet, more or less to a point on the Westerly side of said Lot 12; thence N.02°along the westerly line of said Lot 12, 21.51 feet, more or less, to the Southeast comer of said Lot 13; thence S.89°51'42'W along the Southerly line of said Lot 13, 1180.21 feet, more or less, to the Southwest comer of said Lot 13; thence N.02°58'09"E. along the Westerly line of said Lot 13 1108.72 feet more or less to the Northwest comer of said Lot 13; thence N. 87°27'04"E. along the Northerly line of said Lot 13 11 I0.00 feet, more or less, to a point on the Southwesterly bank of the Roaring Fork River; thence S. 37°44'45"E. along the Southwesterly bank of the Roaring Fork River 106.51 feet more or less, to a point on the Easterly line of said Lot 13; thence S. 54° 03'38"E. 196.44 feet along the Southwesterly bank of said river; thence 64°04'04'E. along the Southwesterly bank of said river, 25.00 feet to a point on the Westerly right of way line of said County road; thence S.1 l°20'00"W. 40.00 feet along the Westerly right of way line of said County road; thence S.03°45'00'E. 825.00 feet along the Westerly right of way line of said County road; thence S.04°15'00"W. 55.00 feet along the Westerly right of way line 0f said County r°ad to the point of beginning. The above-described parcel of land contains 35.58 acres, more or less. FISHERMAN'S PARK Lot 5, Section 2, in Township I0 South~ Range 85 West of the 6t~ Principal Meridian, excepting that part of the claim identified as the George placer on United States Mineral Survey No. 6832 situate in Section 2, Township 10 South, Range 85 West of the 6th Principal Meridian, described as Tract B on the plat of said survey and as described in the patent thereto recorded as Document No. 103 ! 85 in Book 180 at Page 580 of the records in the office of the County Clerk and Recorder of Pitldn County, Colorado, as referred to in Document recorded in Book 277 at Page 636, reception No. 160916, Pitkin County, Colorado. Page: 6 o~ 11 09/16/2003 09:32~ ~$ILV~ O~VI~ P~TKIN COUNTY CO R 56.00 O 0.00 6 Exhibit "B" Description of Trail Easement A parcel of land situated in the northwest quarter of the southwest quarter and the northwest quarter of Section 1 in Township 10 South, Range 85 West of the 6th Principal Meridian, said parcel of land is described as follows: Beginning at a point on the westerly right-of-way line 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 N.78°58'00"W 1200 feet more or less; thence S.64°04'04'' E. 40 feet more or less; thence S.11 °20'00"W. 80 feet; thence S.64°04'04"E 65 feet more or less to the Westerly right of way line of said County road; thence South and East 200 feet more or less to the Northeast property comer of the Red Butte Tract; thence S.1 l°20'00"W. 40.00 feet along the Westerly right of way line of said County road; thence S.03°45'00"E. 825.00 feet along the Westerly right of way line of said County road; thence S.04°15'00"W. 55.00 feet along the Westerly right of way line of said County road to the point of beginning. The above-described parcel of land contains 0.64 acres, more or less. -_. ......... _ ........ :_' ...... ; .... 7 Exhibit "C" Trail Design Through AVLT Property Exhibit "D" Construction Drawings for Trail Through AVLT Property 1 TRAIL SEGMENT B TYPICAL SECTION STA ,348+31.69 TO STA ,349+30.00 -FENCE WOOD. (SPECIAL) (SEE PATH & ROADWAY D~T~LS) WALL (SEE PATH A TRAIL SEGMENT B ~PICAL SECTION 6" ABC 'CL 6) J -- TRAIL SEGMENT B TYPICAL SECTION STA 549+49,95 TO STA 35A+$0.63 65% SUBHITTAL 2'26'03 ttes, Inc, ~. PATH nROJECT NO/CODE NO REVISIONS: TYPICAL SECTIONS CEMETERY LANE ~O1 REVISED: iSSUED BY: LORIS AND ASSOC)ATES lNg. 01129 REVISED: VOID: SHEET SUBSET SUBSET SHEETS: SHEET NUMBER 7