Land Trust of the Upper Arkansas
Public Trail Easement
THIS PUBLIC TRAIL EASEMENT (“the Easement”), made and entered into this day of , 20xx,
by and between (collectively referred to as “Grantor”), and
(“Grantee”).
Recitals:
- Grantor is the record owner of certain real property located in County.
- Grantor has agreed to convey a public, non-motorized Trail Easement as more fully described in Exhibit A and depicted by the map on Exhibit B; and
- Grantor desires by this instrument to establish and to grant to Grantee a perpetual Trail Easement over the property of Grantor which would connect as described in Exhibits A and B.
- Grantee desires by this instrument (a) to accept said Trail Easement subject to the restrictions set forth herein, and (b) to assume certain responsibilities in connection therewith.
Agreement
NOW, THEREFORE, for and in consideration of the mutual covenants and agreements set forth herein, and for other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged. Grantor and Grantee agree as follows:
- Grant of Public Trail Easement. Grantor hereby grants, transfers and conveys unto Grantee and its successors and assigns, for the use and benefit of the general public a 16 foot wide non-exclusive perpetual Trail Easement in the alignment as depicted on Exhibit A. Use of the trail easement shall be exclusively non-motorized except as may be required for trail maintenance, emergencies or as otherwise required by law.
- Grantee herby accepts the Public Trail Easement in an “as is” condition, subject to the restrictions herein contained, and subject to all patent or latent defects or problems of any kind or nature. Such acceptance does not preclude improvement or maintenance activities within the Public Trail Easement insofar as such activities may be allowed or required by this Easement.
- Trail Use Restrictions:
- Public use of the Trail Easement shall be exclusively for walking, hiking, horseback riding, and Nordic skiing. The Trail requirement will be all dogs must be leashed. No other uses or activities are permitted what so ever. The Trail Easement can be closed to the public seasonally based on concerns for wildlife, public safety, or other activities as determined by the Grantee. Grantee may further restrict the public uses allowed by the Easement, including limitations on the times and numbers of visitation, if such restrictions are necessary for the protection of ecological resources or other sensitive resources.
- The Public Trail Easement is hereby declared to be part of the Stage and Rail Trail System, and the use of the Public Trail Easement shall also be governed by the rules and regulations and other provisions of the Stage and Rail Trail Committee and/or the Grantee, as may be amended or recodified from time to time, and other statutes, rules or regulations that may be applicable from time to time, provided always that the provisions of this Public Trail Easement shall control wherever they are more restrictive than the provisions of applicable county code, statues, rules or regulations.
- Trail Easement Care and Maintenance. Grantee hereby assumes complete responsibility for the construction of a soft trail within the Public Trail Easement and agrees to care for, groom and maintain the Public Trail Easement in a clean and attractive condition and in a good and safe order and repair, at its sole cost and expense, unless the need therefore is caused by Grantor, assigns, or its successor in interest in the ownership of the underlying real property in which case Grantor or its successor in interest shall perform the maintenance or care so required provided however that Grantor is not responsible for said damage if caused by livestock, horses, or third parties. Grantee’s maintenance responsibilities shall include, but not limited to, trash and debris removal, keeping the Trail clear of rocks, vegetation and other obstructions, grooming as needed, controlling erosion and water runoff, and general care and maintenance.
- Grantee may install turnstiles or other similar structures to insure that livestock enclosures are secure despite the passage of the trail through them. The design of any such structure shall be subject to the approval of the Grantor, such approval shall not be unreasonably withheld.
- The Stage and Rail Trail maintains the right to construct a pedestrian bridge over the Arkansas River to connect segments of the Trail. Any bridge design over the River shall be subject to the approval of the Grantor and Grantee, such approval shall not be unreasonably withheld. The Stage and Rail Trail, or its assigns, assumes all responsibility for the design, construction, safety, and maintenance of the bridge.
- The Grantee maintains the right to assign or contract its responsibilities to a third party. The Grantee is responsible to make sure any assignment fulfills its requirements to the Grantor.
- Enforcement. Grantee agrees to enforce diligently all covenants and use restrictions set forth herein and all other applicable rules and regulations as developed for the Rail and Stage Trail. Grantor’s expectation that public access granted herein is limited to the described trail easement. Should any member of the public leave the described trail easement without invitation by the Grantor, the Grantor can treat this as trespass and can pursue any and all legal options available to them as exists in existing codes, statutes, rules and regulations.
- Grantor’s Immunity and Grantee’s Obligation to Insure. The parties expressly acknowledge that the Public Trail Easement is granted for a “recreational purpose” under C.R.S. Section 33-41-101, et seq., and that Grantor is entitled to the benefits, protections and limitations on liability afforded by Colorado law governing recreational Easements, including without limitation said Section 33-41-101, et seq. By granting the Public Trail Easement, Grantor shall no obligation to repair, clear or otherwise maintain the area within the Public Trial Easement, or to insure or indemnify Grantee or the public for any injury, claim or damage to any person or property, whether alleged to have occurred as a result of use of the Public Trail Easement for public non-motorized travel or otherwise, or due to the condition of the Public Trail Area.
- Attorney’s Fees. In the event the interpretation or enforcement of this Public Trail Easement should ever become the subject of litigation between Grantor (or its successors and assigns in the record of ownership of the underlying real property traversed by the Public Trail Easement, or any part thereof) and Grantee, the prevailing party shall be entitled to an award of its reasonable costs and attorney’s fees incurred in connection therewith.
- Binding Effect. This Public Trail Easement shall be binding upon inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors and assigns forever including all future record owners of the underlying real property traversed by the Public Trail Easement, or any part thereof. The benefits and burdens hereof shall also run with the title to the underlying real property and all parts thereof traversed by the Public Trail Easement. This Public Trail Easement may only be amended by a writing signed by the Grantee or by the then-record owners of the underlying real property traversed by the Public Trail Easement and the Grantee.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the day and year first above written.
GRANTOR:
By:
STATE OF COLORADO)
) ss.
COUNTY OF)
The foregoing instrument was acknowledgedbefore me this day of , 20xx, by
Witness my hand and official seal.
My commission expires:
Notary Public
GRANTEE:
By:
Title:
STATE OF COLORADO)
) ss.
COUNTY OF)
The foregoing instrument was acknowledged before me this day of , 20xx, by
Witness my hand and official seal.
My commission expires:
Notary Public
EXHIBIT A
Surveyed Legal
EXHIBIT B
Map from Survey