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Home My Public Portal AboutResolution 2016-05-01 Authorizing Execution an Easement Agreement for the Fraser River Trail Around Mary's PondTOWN OF FRASER RESOLUTION NO. 2016-05-01 A RESOLUTION AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT FOR THE FRASER RIVER TRAIL AROUND MARY'S POND BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO THAT: The Town Board of Fraser, Colorado hereby authorizes execution of the easement agreement with Rendezvous Colorado, LLC granting a perpetual, non-exclusive trail easement for the purpose of public recreational use as attached. DULY MOVED. SECONDED, AND ADOPTED THIS 4th DAY OF MAY, 2016. BOARD TRUSTEES OF THE TOWN � F ASER, COLORADO BY: of F�sF� Mayor SEAL ATTEST: (SEA lC) ,«:Town Clerk EASEMENT DEED (Trail) GRANTOR: RENDEZVOUS COLORADO, LLC, a Colorado limited liability company Address: Post Office Box 149, Winter Park, Colorado 80482. GRANTEE: TOWN OF FRASER, COLORADO, acting by and through its Board of Trustees Address: Post Office Box 370, Fraser, Colorado 80442 For and in consideration of good and valuable consideration, in hand paid by GRANTEE to GRANTOR, the receipt whereof is hereby irrevocably acknowledged by GRANTOR, GRANTOR (whether one or more persons) hereby grants, bargains, sells and conveys to GRANTEE, its successors and assigns forever, a perpetual, non-exclusive easement on, over, above, below and across the property described on Exhibit "A" attached hereto and incorporated herein by this reference, with all its appurtenances. This easement is granted for the purpose of public recreational use, including pedestrian, bicycle, snowshoeing and cross-country skiing trails, fishing access to the Fraser River, and other recreational trail uses, but for no other purposes. Nothing contained herein shall obligate the Board of Trustees of Fraser to provide any such public use. GRANTEE shall have the right to construct, maintain, repair, replace, enlarge and operate such trails, bridges, fences, drainage structures, facilities and other structures and improvements as are necessary or convenient for the above-described purposes. GRANTEE acknowledges and agrees that existing individual utility service facilities and lines (such as water, storm sewer, gas, electric, telephone, data transmission, communication, or cable television lines) may exist over, across, or within the easement parcel, and that future utility facilities and lines, or replacement facilities or lines, may be installed with the advance written consent of GRANTEE provided that such future utility service facilities or lines, or replacements of existing facilities or lines, do not materially interfere with GRANTEE's rights herein granted. The operation of any motorized vehicles or equipment by any person or entity other than GRANTOR or its successors as hereinafter provided is prohibited on the easement property, except authorized use by GRANTEE for emergency and maintenance purposes. The easement may be vacated if the trail and related permitted recreational uses are abandoned by the GRANTEE. If the trail and easement interfere with future development by GRANTOR or its successors, the trail and easement may be relocated at the expense of GRANTOR or GRANTOR's successor requesting the relocation, to an alternate location as may be approved by GRANTEE. GRANTOR and its successors shall have the right to operate equipment and/or motorized vehicles on said easement for maintenance and/or operations, all such use must include provisions for public safety and any closures or detours must be approved by the GRANTEE. GRANTEE shall install appropriate wayfaring and/or warning signs within the easement parcel and adjacent to the trail located within the easement, which will include warnings not to trespass on adjacent property owned by GRANTOR. GRANTEE and GRANTOR shall mutually cooperate with respect to the wording, location, color, and sizing of all warning or instructional signs that may be placed within the easement parcel. At all times 100342867 /4 } when GRANTEE allows public use of the easement, GRANTEE shall, at its sole cost and expense, maintain and repair the trail on the easement parcel so the same remains in a good and safe condition and state of repair; provided, however, that GRANTOR shall be responsible for any repairs to the trail or related improvements necessitated due to the activities of GRANTOR or its agents or contractors. Any obligation undertaken by GRANTEE pursuant to this Easement Deed shall not be construed to constitute a multiple fiscal year obligation of GRANTEE, but shall be subject to annual budget and appropriation unless otherwise agreed to in writing by GRANTEE. By its acceptance of this Deed, GRANTEE agrees to indemnify and hold GRANTOR harmless, to the extent GRANTEE is lawfully permitted to do so, from and against any and all claims which may be brought against GRANTOR and which arise out of injury or alleged injury occurring to third parties as a result of the use of the easement herein granted, except for any such injury or alleged injury which is caused by the willful act or gross negligence of GRANTOR. The parties hereto understand and agree that GRANTEE is relying on, and does not waive or intend to waive by any provision of this Easement Deed, the monetary limitations or any other rights, immunities, and protections provided by C.R.S. 24-10-101 et seq., as from time to time amended, or otherwise available to GRANTEE, its officers and employees. The parties hereto further understand and agree that GRANTOR likewise is relying on, and does not waive or intend to waive by any provision of this Deed, the monetary limitations or any other rights, immunities, and protections provided by the provisions of C.R.S. 33-41-101 et seq., as from time to time amended, or otherwise available to GRANTOR. Without limiting the generality of the foregoing, the parties stipulate and agree that this Easement Deed is intended to and shall constitute permission by GRANTOR for the use of the easement by GRANTEE, without charge, for recreational purposes as defined by such law. Under such law, any potential liability of GRANTOR is also limited, and GRANTOR is afforded certain protections, by such statutory provisions. Nothing contained herein shall deemed to amend, modify, expand or limit the terms, conditions, rights and obligations provided in the Grant of Easement and Augmentation Pond Operation Agreement, dated September 4, 2015, entered into between GRANTOR, GRANTEE and Cornerstone Winter Park Holdings LLC, and recorded September 8, 2015 at Reception No. 2015006354 of the records in the office of the Grand County Clerk and Recorder. The rights and obligations provided in said Agreement are independent of those provided herein, and in the event of any conflict, the terms of said Agreement shall control over the terms of this Easement Deed. {00342867 / 4 } - 2 - SIGNED THIS day of 72016. GRANTOR: RENDEZVOUS COLORADO, LLC, a Colorado limited liability company By: KOELBEL AND COMPANY, its Manager BY- NAME: 2 e r TITLE: r�cle ��- STATE OF C, C, ) ) ss. COUNTY OF fib V— ) The foregoing instrument was acknowledged before me this —(J�- day tom • , 2016, by Wa1t2(` � � i �"r , as f re&o of KOE BEL AND COMPANY, a Colorado corporation and the Manager of RENDEZVOUS COLORADO, LLC, a Colorado limited liability company, on behalf of the corporation and the company. Witness my hand and official seal. My Commission expires: 6q/1 Z /l k (SEAL) SUZANNE K. HOBBS NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20004026902 MY COMMISSION EXPIRES SEPT 12, 2016 � I NJ, ON N A SEAR. N "14 {00342867 / 4 } - 3 - STATE OF(lb j^m4-Io ) ss. COUNTY OF ) GRANTEE: TOWN OF FRASER, a Colorado municipal corpora on BY: TITLE: r' The foregoing instrument was acknowledged before me this day day of 2016, by 't In atm,, ttnc.�� , as f"A g&A�NOY of TOVvNCbF FRASER, a Colorado municipal corporation. Witness my hand and official seal. My Commission expires: (SEAL) LU BERGER NOTARY PUBLIC STATE OF COLORADO NOTARY ID # 20044016760 MY COMMISSION EXPIRES 05-14-2020 u a6'%2A Notary Public {00342867 / 4 } - 4 - \ \\\ TLi11RC FRASDP "62 -'r - PARCEL P / PARCEL 7 L�18.25' REC ,/20101-113017 4 �- 1' `=7292' R-47.00' I=8833'4t' CH-N770T'S3"W 85.82' l CUME TABLE CURVE F LENGTH RADNIS I Ddto CHORD C dSi 10.00' t9 1000_, A n759' N25'53'56 16.48 1 11 -AW i20.00 '9'4t'10"W 1t.69 i LINE TABLE _ Lpff i LEMti111 HEMMG 1131.74t7i L2 4. ti9'E L3 37 L4 I .4f'E. mai t{81?Z'S6'E. L 84 L8 25. 2 41'59"W G S c+� ot EXHIBIT A MSS PRW 2011-032 01-31-12 uounr LU t COL R L'Ji Cr OlWPLS 3 MQ C ountain States Surveying (00342867 L-78.31' R-200.00' CH -1121'45'10'11 l 75.85' fdyX ZKVS MOMADO, LLL BOOK 99D0. PACE 8336 P L-1.22' Re300.w 1=17'02'23' 15' IMDE WAR CH-N28'00''C'N ACCESS CASEWNY' 8a 63' M`f2 L-38.64' ! 7p R-28.00' 1.79'03'44' CN -N21 '18"E f N18'29'34'W 1 46.06' L-37.97' R-94. 00' TOM OF FRASER 1=Z3'C8'27' PARL",EL 2 t125Z1'14'W , CH-NO615'20"W PEC QDO1-71.11117 24.32' \ 37 71' L=51.72` ` R-241.92' I -1211'S8' cm 31 42'* sm� C-CTWt/16 COR. SEC. 28. T1S. R75W. 8TH P -M. o/ 2-1/?' p1Q PAU CAP LOT 4 Tgb,E PaN' Cf AEGYUWo Cl/4 COR. SEC. 28 :ouw-ao $ML wog W/ s-, /r " muss CAP NAAMW 00 N69'42'00"E 1297.50 !BASIS OF BEARM/Gj