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RESOLUTION No.5
Series of 1995
'55 2:. A
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING. A GRANT OF A TRAIL EASEMENT AND A TEMPORARY
CONSTRUCTION EASEMENT AND ACCESS LICENSE AGREEMENT FROM PETER
MOCKLIN, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID
AGREEMENTS ON BEHALF OF THE CITY OF ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council a grant of a trail easement and
a temporary construction easement and access license agreement between Peter Mocklin and the
City of Aspen, true and accurate copies of which are attached hereto as Exhibit "A";
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ASPEN,
COLORADO:
That the City Council of the City of Aspen hereby approves that grant of a trail easement
and the construction easement and access license between Peter Mocklin and the City of Aspen,
copies of which are annexed hereto and incorporated herein, and does hereby authorize the City
Manager of the City of Aspen to execute said agreements on behalf of the City of Aspen.
INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on
the /,j dayof ~, 1995.
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John S. Bennett, 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 City Council of the City of Aspen,
Colorado, at a meeting held on the day hereinabove stated.
. Koch, City Clerk
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DENNIS B. GREEN
Attorney at Law
117 SOL'TH SPRING ST" SLlTE 1
ASPEN, COLORADO 81611
~el'LEPHOI\'E 303-925-1885
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TELECOPIER 303.925.8967
January 23, 1995
Office Of The Aspen City Attorney
John P. Worcester, Esq.
130 S. Galena
Aspen, CO 81611
Re: Mocklin Trail Easements
Dear John:
Enclosed are the originals, fully executed by Mr. Mocklin, of the Grant Of Trail
Easement and Temporary Construction Easement.
Let me know if you need me to appear at the City Council Meeting when same will be
considered and please send me copies once the agreements have been finalized and executed by
the City.
Thank you for your cooperation in this matter.
Sincerely,
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GRANT OF TRAIL EASEMENT
THIS GRANT OF TRAIL EASEMENT is made and entered into this
13 day of ~ ' 199,$; by and between PETER
MOCKLIN (hereinafter ref rred to as "Grantor"), and the CITY OF
ASPEN, COLORADO (hereinafter referred to as "Grantee").
WIT N E SSE T H:
WHEREAS, Grantor is the owner of the fO,llow:j.ng described
real property located in Pitkin County, Colorado, to wit:
See Exhibit "A".
and,
WHEREAS, Grantor is desirous of granting to Grantee a
certain perpetual trail easement and right-Of-way over and across
said real property under the terms and conditions hereinafter
specified; and
WHEREAS, Grantee is desirous of accepting said trail ease-
ment and right-Of-way.
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 successors and assigns,
for the benefit of the general public, a perpetual trail easement
and right-Of-way described in Exhibit "A" attached hereto and by
this reference incorporated herein.
THE ABOVE GRANTED TRAIL EASEMENT and right-Of-way is subject
to the following terms, agreements and reservations:
1. The trail easement shall be for the installation,
construction, operation, use, inspection, repair and maintenance
of a trail suitable for bicyclists, pedestrians, cross country
skiers, and for other similar recreational purposes, over and
across Grantor's property in the location and manner set forth in
Exhibit "A" hereto. To this end the grant and conveyance in-
cludes a grant of rights and privileges necessary or incident to
the reasonable and proper use as described above of the easement
in and to, upon, over, under and across the Grantor's property.
2. The rights and privileges granted by this, easement are
subject to prior agreements, easements, and conveyances recorded
or unrecorded.
3. Grantee agrees to use reasonable care in construction
of improvements within the area of the easement, and agrees to
avoid damage to the surrounding land and improvements thereto,
and further agrees to restore such land and improvements to their
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condition immediately prior to any construction, improvements or
repairs to the trails. Grantee agrees to revegetate and land- '
scape all slope cuts to prevent erosion of Grantor's property and
be reasonably acceptable for Grantor's approval.
4. It is the intention of the parties to make the land
available to the public for recreational purposes without charg-
es, 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 and hold Grantor harmless from and against claims or
awards for loss, damage or any liability including attorney's
fees and costs, which may result from Grantee's acts or omissions
covering and including, but not by way of limitation, installa-
tion, excavation, fill, construction, maintenance, repair,
replacement, public use or locat.ion of the trail or attenda.nt
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 sea.,
C.R.S.
5. As part of the consideration for the Grant of Trail
Easement, Grantee agrees to pay the City of Aspen's Water Fund
the sum of Twenty-six Thousand Seven Hundred Fifty-one Dollars
and No Cents ($26,751.00) on behalf of and on account of Grantor
for the outstanding debt on water tap fees.
6. In the event that at some future time Grantor shall
make a development application to the city of Aspen in accordance
with the city's Land Use Code for uses other than an eight-unit
apartment building, Grantor shall receive a water utility charge
credit for the tap fee based on the existing "ECU" rating for the
structure as it currently exists on the property, to wit, 8.07
ECU's, as this term is defined in Article 23 of the current Aspen
Code. Notwithstanding the provisions of Sec. 23-62 of the City
Code, the Grantor or his successors in title to the property
shall be entitled to a credit based on 8.07 ECU's regardless of
whether or not the Grantor's development proposal involves a
"renovation" or a "substantialremodeling" or "rebuilding" of the
structures involved. However, this credit shall pertain only to
an application for the Grantor's property described in Exhibit
"A" and shall not be transferrable for use on any ,other property
whether owned by the Grantor or otherwise. In the event that the
city changes the manner of calculating credits for utility ,
investment charges, the Grantor or his successors in title shall
be entitled to an equivalent credit based on the provisions in
existence at that time.
7. Grantor's rights to develop the property shown on
Exhibit "B" shall in no manner be reduced or diminished as a
result of this Grant of Trail Easement. For all purposes under
the City of Aspen Land Use Code, including the calculation of
allowable density or development rights, the total amQunt of land
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expressed in acreage or square footage, shall not be affected or
diminished by this Grant of Trail Easement, to wit, the amount of
land to be burdened by this easement shall be included in the
total land included in the parcel shown on Exhibit "B".
8. The rights granted pursuant to paragraphs 5 and 6 above
shall pass with the land and shall be to the benefit of the
Grantor, his heirs, assigns and beneficiaries forever. No future
ordinance, regulation, enactment, or other action of the Grantee
shall be enforceable which would alter or diminish in any way the
ri~hts of the Grantor provided for in paragraphs 5 and 6 above.
9. Maintenance and Insurance. The parties expressly
acknowledge that Grantor is entitled to the benefits, protection
and limitations on liability afforded by Colorado law governing
recreational easements, section 33-41-101 et sea.., C.R.S. By
granting the Easements hereunder, Grantor shall have no addition-
al obligation to repair, clear or otherwise maintain the area
within the Easements, or to insure or indemnify Grantee for any
injury, claim or damage to any person or property, whether
alleged to have occurred while using the easements for the
identified purposes or otherwise and due to the condition of the
trail or otherwise.
IN WITNESS WHEREOF, the parties hereto have executed the
foregoing on the day and year above first written.
GRANTOR:
STATE OF COLORADO
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by Peter MOCk-:!:1/J''1'111'\\
County of Pitkin
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I~he foregoing instrument was acknowledged
),"'7':.1. day of D&eemb'1?V , 1994,
WITNESS MY HAND AND OFFICIAL SEAL.
My commission expires:
1-/~,1'f
Tammy Gabica
My Commission expires 9-12-98
Colorado National Bank Aspen NA
Box 3318, Aspen, Colorado 81611
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Notary p~'
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The foregoing Grant
approved for the benefit
;;::Je I..I.u a 7 .
of Trail Easement is hereby accepted and
of the general public this /~ day of
, 199$'.
CITY OF ASPEN
By: ~V
W Amy Mar rum,
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city Manager
ATTEST:
Clerk
STATE OF COLORADO
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county of Pitkin
The foregoing instrument was acknowledged
1{P day of HItPC'H , 19~,
City Manager and Kathryn S. Koch as City Clerk
Aspen, Colorado.
befoir me ~tJlO
by A l'iJa ~ as
of the City of
WITNESS MY HAND AND OFFICIAL SEAL.
My commission expires:
My Commission exDlres r:vz;/96
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EXIllBIT "A"
(EASEMENT DESCRIPTION)
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A Public Trail Easement, connecting Lone Pine Road with Gibson Avenue located in the N 1/2
of the SW 1/4 of Section 7, Township 10 South, Range 84 West of the 6th Principal Meridian,
Pitkin County, Colorado, as shown in Exhibit "B" attached hereto, said easement being ten
(10.00) feet in width, measured perpendicularly to the centerline and being five (5,00) feet each
side of the following described centerline:
Beginning at a point on the the northerly property line of that parcel described by the instrument
recorded in Book 264 at Page 321 in the records of the Pitkin County Clerk and Recorder's
Office, and being a perpendicular distance of five (5.00) feet from the west property line of said
parcel, whence the Center 1/4 comer of Section 7, nos, R84W, 6TH P.M. a Bureau of Land
Management brass cap monument, 1954, bears N 590 32' 37" E, 1044.37 feet;
1. Thence S 270 51.' 48" W, 390.03 feet to a point on the northerly right-of-way line of Gibson
Avenue as describe~ by the instrument recorded in Book 267, Page 697, on file at the Pitkin
County Clerk and Recorder's Office, whence the Center 1/4 corner of said Section 7 bears '
N 51004' 42" W, 1391.44 feet.
The Public Trail Easement as described above contains 3900.2 square feet more or less.
NOTE: The Center 1/4 corner, Section 7, 1954, referred to above has now become a Special
Purpose Monument and is so marked at this time by the Bureau of Land Management
who has reset the center 1/4 corner of Section 7 marked 1978 near the 1954 monument,
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TEMPORARY CONSTRUCTION EASEMENT AND ACCESS LICENSE
AGREEMENT
THIS AGREEMENT is made and entered into this _day of ,1994, by and
between Peter Mocklin, as Grantor, and the City of Aspen, a municipal corporation, as Grantee.
WHEREAS, Grantor is the owner of certain real property (the "Property") situated in Aspen,
Colorado, depicted in Exhibit "A:" attached hereto; and,
WHEREAS, Grantee desires to construct a twelve (12) foot wide trail, of which ten (10) feet is to
be located partially on Grantors Property which will require moving material, equipment and
personnel to gain access to construct said trail; and,
WHEREAS, the parties wish to set forth the terms under which the Grantee may obtain access
over the Property to construct said trail.
NOW, THEREFORE, for and in consideration of the mutual covenants, agreements,
representations and warranties herein contained, the parties hereto agree as follows:
I. Grantor hereby grants and conveys to Grantee subject to the terms and conditions
hereinafter set forth and the rights herein specifically retained and reserved by Grantor, the right,
privilege and easement to access and construct the proposed trail construction over the land
depicted on Exhibit "A" attached hereto and by this reference incorporated herein.
2. This temporary construction easement and access license agreement shall terminate
on November 1, 1995, unless extended by Grantor in writing.
3.
in width.
The temporary construction easement and access license shall not exceed thirty feet
4. Grantee's use of the temporary construction easement and access license shall be
operated in a safe manner and in such a manner as to the extent possible, avoid damage to or
destruction of Grantor's Property or shrubs and other vegetation on the Property.
5. Grantee agrees to restore such land and improvements to their condition
immediately prior to any construction and/or use of the access easement.
6, Grantee shall not place, keep, store or otherwise permit any equipment or materials
on the access easement except during such times as Grantee's employees or agents are physically
present and conducting activities permitted under this agreement.
7. It is expressly understood and agreed that the grant of a temporary construction
easement and access license as herein provided and Grantee's use of the Grantor's Property shall at
all times be subordinate to the Grantor's use of the Property.
8. This temporary construction easement and access license agreement is not intended
and shall not be construed to grant an easement or access across, over or under any property or
premises other than the property described and depicted herein.
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9. In Consideration for the conveyance of this Temporary Construction Easement and
Access Easement and the grant of a ten (10) foot permanent easement, a description of which is
attached hereto as Exhibits "A" and "B", the Grantee shall pay the City of Aspen Water Fund the
sum of Twenty-Six Thousand Seven Hundred and Fifty-One Dollars ($26,751.00) on behalf of
and on account of Grantor for the outstanding debt on water tap fees.
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IN WITNESS HEREOF, the parties have affixed their duly authorized signatures as ofthe
day and year first written above.
Tammy Gablea
My Commission expires 9-12-98
Colorado National Bank Aspen NA
Box 331 8, Aspen, Colorado 81611
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The foregoing Temporary conSlruClioq'asement and, ccess License Agreement was )/5knowledged before
me by Peter Mocklin; Property Owner. this . day of '. ,PI' . 199 t:t'T
Witness my official seal. MX commission expires-.!l..l A / 99
.... Tammy Gables
MyCommisslon exalr,,' ".,9fl
Colorado Nations' ;hr' ,:;;A
Box 3318, Asper" (;Olor"O(; 81611
The City of Aspen
(_ By:
Title:
Attest:
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Approved
as to Form:
Trails:TempConstEasement
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