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Home My WebLink Aboutbocc.ord.027.1999 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO GRANTING AN EASEMENT FOR BERM CONSTRUCTION TO BIDGLE LLC FROM PITKIN COUNTY Ordinance No. 99- 417_ Recitals 1. Pitkin County is the owner of certain real property situated in Pitkin County known as the Subdivision Exemption Plat of the Pitkin County Service Center and the Airport Ranch East. 2. Bidgle, LLC is seeking an non-exclusive easement on the County's Service Center and Airport Ranch East property to build, erect, construct, remove trees, revegetate, maintain, repair and rebuild a Berm subject to the terms and condition of such Easement for Berm Construction attached here to as Exhibit A which easement is for the benefit of and appurtenant to the North Forty PUD Subdivision. 3. The Board of County Commissioners and Bidgle LLC agree to the terms and conditions of the Easement for Berm Construction. NOW, THEREFORE, be it ordained by the Board of County Commissioners of Pitkin County, Colorado that the Board of County Commissioners does hereby authorize the chair to execute the Easement for Berm Construction subject to the terms and conditions set forth in the Easement for Berm Construction attached hereto as Exhibit A. INTRODUCED, FIRST READ AND SET FOR PUBLIC HEARING ON THE 14"' DAY OF JULY, 1999. NOTICE OF PUBLIC HEARING PUBLISHED IN THE WEEKEND EDITION OF THE ASPEN TIMES ON 24 h DAY OF DULY, 1999. APPROVED UPON SECOND READING AND PUBLIC HEARING ON THE 111h DAY OF AUGUST, 1999. PUBLISHED AFTER ADOPTION IN THE WEEKEND EDITION OF THE ASPEN TIMES ON THE 21 s` DAY OF AUGUST, 1999. 111111111111111111 IN 11111111111111 OF 1111111111111111 IN 434489 08/17/1999 10:29A ORDINANC DAVIS SILVI 1 of 9 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO Ordinance No. 99---� Page 2 ATTEST: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO B y , Je tte Jones, Deput Clerk a ie J. Lamont, air Date: APPROVED AS TO FORM: John M. Ely Suz e Ko an County Attorney Cou Man er Vords/Wbermease.doc 11111111%4/8 HIM 111111 111111111111111111 IN 434489 08/17/1999 10:29A ORDINANC DAVIS SIL VI 2 of 9 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO rExhibit EASEMENT FOR BERM CONSTRUCTION EAS ENT FOR BERM CONSTRUCTION made and entered into this,HIS ay of , 1999 by and between Pitkin County ("Grantor") and Bidgle, LLC, who a address is 303 E AABC, Aspen, CO 81611 ("Grantee"). RECITALS A. Grantor owns certain real property located in Pitkin County, State of Colorado, known as the "Subdivision Exemption Plat of the Pitkin County Service Center', filed at Plat Book 22, Page 40, in the Pitkin County Clerk and Recorders Office, hereinafter referred to as the "Service Center Plat" and "Airport Ranch East", a parcel of land recorded at Book 714, Pages 604-612 in the Pitkin County Clerk and Recorders Office. B. Grantee seeks a non-exclusive easement and Grantor agrees to grant said non-exclusive easement to ,Grantee, it successors or assigns, the right to enter upon the Easement Area as shown in Exhibit A to build, erect, construct, remove trees, revegetate, maintain, repair and rebuild the Berm according to the plans and specifications of attached Exhibit B (4 pages) and subject to the terms and conditions of this Easement for Berm Construction which easement is for the benefit of and appurtenant to the North Forty. NOW THEREFORE,.for Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Grantor,does hereby grant, bargain, sell and convey to ��c Grantee, its successors and assigns, an Easement for Berm Construction described in Exhibit A and Exhibit B (4 pages) for the benefit of the North =W Z Forty. M� cc —10 M 1. Grantor retains the right to use and occupy the easement areas for any �iiiiiiiia x purpose not inconsistent with the Easement for Berm Construction granted 1-4 herein. Without limiting the generality of the foregoing, Grantor agrees to �o m undertake no incompatible use of the easement areas nor erect any �cc m incompatible structures. E�NZ m 2. Grantee shall be solely responsible for all expenses incurred in the construction of the berm, and Grantee shall indemnify and hold harmless Grantor with respect to such expenses. arm 3. Any liability for personal injury to Grantee, its employees, agents and invitees or any other third person, as a result of or arising out of or relating to the o construction of the berm byiGrantee shall be borne by Grantee, its successors or assigns. Further, Grantee, its successors and assigns agree to indemnify and 432254 'I 06/17/1999 10:50A EASEMENT DAVIS SILVI i of 7 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO hold harmless Grantor, against any loss or damage which should result from, arise out of or be attributable to the use of the Easement for Berm Construction. 4. All provisions of this instrument, including the benefits to the North Forty and the burdens to Grantor's land, run with the land of the dominant and servient estate and are binding upon and inure to the benefit of the successors, assigns and tenants of the parties hereto. IN WITNESS WHEREOF, Grantor executes this Easement for Berm Construction as described on Exhibit A and Exhibit B (4 pages). Approved as to form GRANTOR: Zyv: Count i Johnslie J amont El e Chair State of Colorado ) ) ss Pitkin County ) Tb&kpregoin sement for Berm C n ucti as ac k9cfwledged before me this ay of , 1999 by ' NA Witness my hand and official Seal. My Commission expires: KA No 5 TAI I II'III "III I'III' I"I I'II' I'II"I II"I III "III 'I'I I"I 434489 08/17/1999 10:29A ORDINANC DAVIS SILVI 4 of 9 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO I 432254 08/17/1999 10:S0A EASEMENT DAVIS SILVII 2 of 7 R 0.00 D 0.00 N 0,00 PITKIN COUNTY CO 04/01/99 12:50 FAX 9709639003 TIMBERLINE ENG 4--* NORTH FORTY tQ003 BERM CONSTRUCTION I RUCTION EASEMENT EXAMIr 04 PROPERTY LINE NORTH 40 NORTH 40 t� Z � Q J V H W M Z N j� LnU 90 us Z YlZ O Q ��V Hz CL Vz QU Q � rt � =Z� Z 0] O W ILO B Oat W a -N= as � 16a En r.m 0) m n �0)0 we' =gym no Coop r-m �m8: �m CCDa Co Cr. NORTH 40 ��o �. .r In inN o Q z W 0 100 200 300 a. o a Scale 1 " = 100' EXHIBIT Qj N jibs°' Hz b �a wle _ - - M d __-_" O �O 5 �Cm �t �49 co CL O � �1 r 7 vyet yl! �C, i btr as op or w — o � ' - SAGE WAY � Z \ i nao ' m o CL H>- � F CD i 1 I _O CD 0 • n r, ( �� P�A I � o v (nA— LL— CD °- - - = , 040 O '�� 9940 mm CD 96 z in re seta a rz ss[z.ae � aw�i•- BY 30.1' MIN. CLEARANCE TO WALL CENTERLINE ROCKS o NOR TH 40 co Z RIWRDOMN CL N O LL RFTA Li HOLDING LOOP " s z cr- as 11.1' TYP. o Cc 30.1' (VARIABLE) a w a n w 37.2' (VARIABLE) a m m m PROPOSED NOISE WALL a z a IIIIIIIIII Hill 11111111 IN 111111111111 Ill III Hill IN IN 434189 08/17/1999 10:29A ORDINANC DAVIS SILVI G 8 of 9 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO Z A ■ C ■ flcm M. NORTH 40 z `- LL- W RFTA HOLDING LOOP w W ROCKS z a 0 a THIS PROPOSED NOISE WALL CONFIGURATION IS ACCEPTED N CR TH FO Y Ic , RFTA PI TKI UN TY EN NE Mill Hill 11111111111111111111111111111111111 IN IN 4489 08/17/1999 10:29A ORDINANC DAVIS SILVI 9 of 9 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO In 111111 MMV 432254 08/17/1999 10:50A EASEMENT also DAVIS SILVI 7 of 7 R 0.00 D 0.00 N 0.00 ;PITKIN COUNTY CO CONTRACT# APPROVED B)' ORDINANCE � EASEMENT FOR BERM CONSTRUCTION ' HIS EASEMENT FOR BERM CONSTRUCTION made and entered into this ay of , 1999 by and between Pitkin County ("Grantor") and Bidgle, LLC, who a address is 303 E AABC, Aspen, CO 81611 ("Grantee"). RECITALS A. Grantor owns certain real property located in Pitkin County, State of Colorado, known as the "Subdivision Exemption Plat of the Pitkin County Service Center', filed at Plat Book 22, Page 40, in the Pitkin County Clerk and Recorders Office, hereinafter referred to as the "Service Center Plat" and "Airport Ranch East", a parcel of land recorded at Book 714, Pages 604-612 in the Pitkin County Clerk and Recorders Office. B. Grantee seeks a non-exclusive easement and Grantor agrees to grant said non-exclusive easement to Grantee, it successors or assigns, the right to enter upon the Easement Area as shown in Exhibit A to build, erect, construct, remove trees, revegetate, maintain, repair and rebuild the Berm according to the plans and specifications of attached Exhibit B (4 pages) and subject to the terms and conditions of this Easement for Berm Construction which easement is for the benefit of and appurtenant to the North Forty. NOW THEREFORE, for Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Grantor does hereby grant, bargain, sell and convey to Grantee, its successors and assigns, an Easement for Berm Construction described in Exhibit A and Exhibit B (4 pages) for the benefit of the North Forty. 1. Grantor retains the right to use and occupy the easement areas for any purpose not inconsistent with the Easement for Berm Construction granted herein. Without limiting the generality of the foregoing, Grantor agrees to undertake no incompatible use of the easement areas nor erect any incompatible structures. 2. Grantee shall be solely responsible for all expenses incurred in the construction of the berm, and Grantee shall indemnify and hold harmless Grantor with respect to such expenses. 3. Any liability for personal injury to Grantee, its employees, agents and invitees or any other third person, as a result of or arising out of or relating to the construction of the berm by Grantee shall be borne by Grantee, its successors or assigns. Further, Grantee, its successors and assigns agree to indemnify and 111111111111111111 IN 11111 IN 11111111111 HIM IN IN 432254 06/17/1999 10:50A EASEMENT DAVIS SILVI 1 of 7 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO hold harmless Grantor, against any loss or damage which should result from, arise out of or be attributable to the use of the Easement for Berm Construction. 4. All provisions of this instrument, including the benefits to the North Forty and the burdens to Grantor's land, run with the land of the dominant and servient estate and are binding upon and inure to the benefit of the successors, assigns and tenants of the parties hereto. IN WITNESS WHEREOF, Grantor executes this Easement for Berm Construction as described on Exhibit A and Exhibit B (4 pages). Approved as to form GRANTOR: Zyv: Coun EI t John Leslie J amont Chair State of Colorado ) ) ss Pitkin County ) T—fAdoregoin sement for Berm C n cti as ackn ledged before me this ay of , 1999 by , Witness my hand and official Seal. J � 4 D My Commission expires: ��' � `�:' � • n 14b No APPROVEQ Lc3y BOCC ON0-0 �-2� IIIIII IIIII IIIIII IIII IIIII IIII IIIIIIII III _254 06/17/1999 10:50A EASEMENT DAVIS SII IIIII 2 of 7 R 0.00 0 0.00 N 0.00 PITKIN COUNTY CO 04/01/99 12:50 FAX 9709639003 TIMBERLINE ENG ---- NORTH FORTY Q 003 BERM CNSTRUCTION EA ,-,cMEN T PROPERTY UNE NORTH 40 NORTH 40 0 Q� H QZz =(Az Qrn � _pV ¢tipz z m Q -la H �Wd N �W m �l �n zm �mm m �0)m _a c �m n NORTH 40 ��r n ��o Q � W 0 100 200 300 a 0 a n_ Scale 1 " = 100 EXHIBIT C C ;2 rf N -- m-Lj- -�, t •C 2 .� 2 ,nV O 37.2 1;4 cl wr A p / W� ul= tl Q ;v O!— m IS . Om� m 40!!! m CD ZOM-- '- m mm=a_ N , ! Vm— SAGE WAY Xzm N..q On= U' ----- '»,o. M_ 't • 0 � J co CL CL (-=o �1 <� OLLJ l - J QD iLih ; , i I 4A4 ul CO 49 m _ 37.?' d r. 7.1 r -- 0 t(Oo 49 B CY 96,"At M to A u, w�,.- BY 30.1' MIN. CLEARANCE TO WALL CEN TERLINE ROCKS NORTH 40 LLJ RIVERDOM > cl- -T LL- 04 RFTA w HOLDING LOOP w o ck:: 0 ra U- 0 TYP. I pj,� w cm 30.1' (VARIABLE) cc -j 40b ;o qq� 37.2' (VARIABLE) cL co-J� C9 ,,_ o PROPOSED NOISE WALL w 0 z G)m . _u m MEER X Z� Z z(n (A C3 4c NORTH 40 ui ti /x RFTA LLJ QD /�\��\�%\��`�i�� % HOLDING LOOP o \\�\\�� LU ROCKS 30.1, FXISTINP cnND17I0NS THIS PROPOSED NOISE WALL CONFIGURATION IS ACCEPTED B " < N R TH FO Y RFTA PI TKI UN TY EN NE 432254 06/17/1999 10:50A EASEMENT DAVIS SILVI 7 of 7 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO