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HomeMy WebLinkAboutordinance.council.020-86 ORDINANCE NO. 20 (Series of 1986) AN ORDINANCE APPROVING A LICENSE AGREEMENT GRANTING TO GERMAINE K. AND ALFRED J. DIETSCH A PERPETUAL LICENSE ACROSS THAT PORTION OF THE MAROLT PROPERTY DESCRIBED IN SAID AGREEMENT; APPROVING AN EASEMENT AGREEMENT BETWEEN ALFRED J. AND GERMAINE K. DIETSCH CON- VEYING TO THE CITY A PUBLIC TRAIL ACROSS LOTS 1 AND 2, SAWMILL SUBDIVISION; AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS ON BEHALF OF THE CITY WHEREAS, the City Council desires to approve the annexed license agreement between the City of Aspen and Alfred J. and Germaine K. Dietsch, granting a perpetual license for landscaping and agricultural purposes across a portion of the Marolt Property as described therein, and to authorize the Mayor to execute said agreement on behalf of the City; and WHEREAS, the City Council desires to approve the easement agreement between the City of Aspen and Germaine K. and Alfred J. Dietsch conveying to the City a public trail easement across Lots 1 and 2, Sawmill Subdivision annexed hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That in consideration for the grant to the City of a public trail easement across Lots 1 and 2, Sawmill Subdivision, the City Council does hereby approve the license agreement annexed hereto granting to Germaine K. and Alfred J. Dietsch and their heirs, successors and assigns, a perpetual license across that portion of the Marolt Property described in said agreement, and does further authorize the Mayor to execute said agreement on behalf of the City of Aspen. Section 2 The City Council does hereby approve that easement agreement between the City of Aspen and Germaine K. and Alfred J. Dietsch annexed hereto conveying to the City a public trail easement across Lots 1 and 2, Sawmill Subdivision (which the City Council does hereby accept), and does further authorize the Mayor to exe- cute said agreement on behalf of the City of Aspen. Section 3 If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section 4 Nothing in this ordinance shall be construed to affect any right, duty or liability under any ordinances in effect prior to the effective date of this ordinance, and the same shall be con- tinued and concluded under such prior ordinance. Section 5 A public hearing on the ordinance shall be held on the'~/~-~ day of ~~ , 1986, at 0100 Lone Pine Road, Aspen, Col INTRODUCED, READ AND ORDERED published as provided by law of the City Council of the City of Aspen on the ~i~%-~___ day of ~~ , 1986. William L. Stirling ATTEST: Kathryn S. Koch, City Clerk FINALLY adopted, passed and approved this day of , 1 986. William L. Stirling ATTEST: Kathryn S. Koch, City Clerk 6D PUBLIC TRAIL EASEMENT KNOW ALL MEN BY THESE PRESENTS, that Germaine K. Dietsch and A1 fred J. Dietsch (hereinafter collectively referred to as "Grantor"), is the owner of that real property situated in the County of Pitkin, Colorado, more particulary described as: Lots 1 & 2, Sawmill Subdivision. Said Grantor hereby grants, demises and conveys to the City of Aspen, Colorado, a municipal corporation, (hereinafter referred to as "City") its successors and assigns forever, a perpetual easement over, across and through the above described real estate for the use and purpose of a public trail and trail bridge easement for the use and benefit of the public, said use to include the construction of one pier on the ground for the support of the bridge above, and the placement of buried utilities in addition to the suspension of said utilities underneath said bridge, which suspension must not be visible and must be acceptable to Grantor, said easement more particularly described as follows: A TRAIL EASEMENT ACROSS LOTS 1 AND 2, SAWMILL SUBDIVISION, PITKIN COUNTY, COLORADO. SAID EASEMENT IS 20.00 FEET IN WIDTH, LYING 10.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT THE POINT OF INTERSECTION WITH SAID CENTERLINE AND THE EASTERLY BOUNDARY LINE OF SAID LOT 1 WHENCE THE SOUTHEASTERLY CORNER OF SAID LOT 1 BEARS S 52 47'20" W 58.99 FEET; THENCE N 77 29'55" W 187.59 FEET; THENCE 141.41 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 102.00 FEET THE CHORD OF WHICH BEARS N 37 46'54" W 130.35 FEET; THENCE N 38 55'00" W 148.79 FEET TO THE POINT OF INTERSECTION WITH THE NORTHERLY BOUNDARY OF SAID LOT 2 WHENCE THE SOUTHEASTERLY CORNER OF SAID LOT 1 BEARS S 46 21'58" E 427.61 FEET, together with an easement to construct a cut in the earth alongside said trail easement as indicated by the dashed lines in Exhibit "A", for the purpose of providing an acceptable trail grade and approach to said bridge, and shown graphically on a map attached as Exhibit "A" hereto and by this reference made a part hereof. Conditions imposed by Grantor upon Grantee for the use of said easement are as follows: 1. Said bridge shall be sensitively designed and constructed to blend harmoniously with its surroundings and to minimize the visual impact of the structure. Railings shall be provided of sufficient height to protect the public and screen Grantor's property. ?he design of said bridge m ~t be acceptable to Grantor. 2. Constructi n activities shall be clos ly managed with particular regard or construction impacts clean-up and revegetation for ~i~e purpose of restoring he area to its original condition. No access for construct on purposes is granted over and acr ss any portion of Lots 1 ald 2 not covered by said easement. 3. Trees shall only be cut where absolutc~y necessary for bridge accommodation; no tree cutting is permitted for convenience of const~ction. 4. Screening ~trees in a grove arrange~ent or a wooden fence) shall be placed adjacent to the trail in the area of the east abutment, to screen Grantor's property; and landscaping, including trees and shrubs, shall be planted along both sides of the trail on Lot 1 to further screen Grantor's property. Said screening and landscaping must be acceptable to ~rantor. 5. Signage shall be placed so as to both ~rotect Grantor's property and notice ~ublic to trail use. 6. No parking <towaway) signs shall be placed on both sides of South Seventh Street along its entire length southerly of its intersection with Ho~>kins Avenue. 7. City shall demolish and remove the Sawmill barn which is adjacent to and intrudes into said easement. 8. Granting of said easement shall not affect the FAR of either Lot 1 or Lot 2. 9. City agrees to complete the bridge, improved trail, and all necessary screening and landscaping during calendar year 1986. Grantor will be reasonable in granting extensions for good cause, but it is the intention of Grantor that all necessary screening and landscaping be completed during calendar year 1986. 10. City will cause to be removed of record the trail easement presently held by Pitkin County along Castle Creek on the adjacent Dietsch property. 11. In exchange for the easement granted hereby, City shall grant, demise and convey to Germaine K. Dietsch and Alfred J. Dietsch, their heirs, personal representatives, successors and assigns forever, a perpetual and exclusive easement over and across the real property described in Exhibit "B" attached hereto and by this reference incorporated herein, for agricultural and landscaping uses, including, without limitation, the right to change the contour of said real property and to construct outbuildings thereon. LICENSE AGREEMENT , 1986, THIS LICENSE AGREEMENT made .... between Alfred J. Dietsch and Germaine K. Dietsch, --- , Aspen, Colorado (hereinafter collectively referred to as "Licensee"), and The City of Aspen, Colorado, a home rule municipal corporation (hereinafter "City"). In consideration of the mutual promises herein contained, the parties agree as follows: I. GRANT OF LICENSE: DESCRIPTION OF PREMISES In consideration of and conditioned upon th,~.granting to the City of a public trail easement, the City, as Licensor, hereby grants to Licensee a perpetual, non-exclusive license to use that portion of the City-owned "Marolt Property", described in Exhibit "A" annexed hereto, for the purpose maintaining said parcel as open space and for limited agricultural use, subject to all the terms and conditions of this agreement. II. CONSTRUCTION OF IMPROVEMENTS Licensee may construct an agricultural building of no more than in size on the location depicted on Exhibit "A". No additional improvements shall be constructed until Licensee obtains the prior written approval of the City, reflected by resolution of the City Council. III. CONSIDERATION n addition to granting the City a public trail easement, ee shall perform or provide the following services under the supervision of the City Parks--Di-rect~or as consideration for cense granted by the City: a) Maintain all fences on or around the property; b) Maintain all irrigation ditches which run thro~h, the ~aid ~roperty as directed and supervised by the City Pa~k ; and (c) Irrigation of the property. IV. LIMITATION TO DESCRIBED PUR~SES Licensee shall use the property solely for open space, land- ...:.~.ng, and limited agricultural pur~ses (i.e. planting of ..... ::~, flowers, etc. and raising of livestock) . V. INDEMNIFICATION AND LIABILITY INSU~NCE Licensee shall defend, indemnify, and hold the City harmless frc~ any and all claims, suits, costs and liability occasion~ by '-he acts or neglects of Licensee, his agents, employees or ~nvitees. In this regard, Licensee shall procure, at Licensee's o~ expense, public liability coverage for the benefit of Licensee and City (n~ing the City as c~insured) with limits of not less than those specified by Section 24-10-114, C.R.S. 1973, as it may be ~end~ from time to time and in such ~ounts as may be agre~ ~pon by City. Licensee shall maintain such coverage in full force fect during the term of this license agreement and shall the City with a copy of such coverage or a certificate .~ing such coverage prior to, and as a condition of, the use property in accordance with the terms of this agreement. ~urance policies maintained pursuant to this paragraph shall the following endorsement: It is hereby understood and agreed that this insurance ~licy may not be cancelled by the surety nor the intention pt to renew be stated by surety until thirty (30) days after ~ceipt by the City, by registered mail, of a written notice f such intention to cancel or not to renew." VI. NO ASSIGNMENT ~icensee shall not assign this license or any rights granted ~nt to this agreement without the prior written consent of VI I. NOTICE Ail notices required pursuant to this agreement shall be in ~.7~- %~ng and shall be deemed to have been given if either delivered ~e~s<>nally or mailed by certified mail or registered mail to City ?~ to Licensee, as the case may be, at their respective addresses as follows or to such other address as either party may so notify the other of in writing: Licensee: ~y: Alfred J. and Germain K. cy Manager Dietsch Aspen 0 South Galena Street pen, Colorado 81611 VIII. BINDING EFFECT lis License Agreement shall be binding upon and shall inure benefit of the City and Licensee and their respective personal representatives, successors and assigns. IX. MODIFICATIONS ?his agreement contains the entire understanding of the · ~_~es hereto and may be modified only by written agreement ~.~ ~ed by each of the parties. 1986, day of Sig ned the ....... Aspen, Colorado. LICENSEE: Alfred-3. Dietsch