HomeMy WebLinkAboutbocc.ord.012.2009RECEP°f10~1#; 55923~D, 05/22/2009 at
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Janice ~. !!os Caudill, Pitkin County, CO
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO AUTHORIZING THE CHAIR TO ACCEPT AN
ACCESS EASEMENT AND IMPROVEMENT AND MAINTENANCE AGREEMENT
FROM THE STONE ROAD ASSOCIATION AND LOT OWNERS IN THE WEST
SOPRIS RANCH SUBDIVISION
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Pitkin County leases and maintains a telecoinmunications site on real property located
above the West Sopris Creek Subdivision ("Subdivision"), known as the Crown
Mountain Communications Facility (the "Coinmunications Facility"), which
Communications Facility is inore fully described as Exhibit A to the Access Easement
and Improvement and Maintenance Agreement (the "Access Agreement") approved
substantially in form by the County Attorney.
Stone Road provides access to the Com~minications Facility, from se~ve~ral lots ("Lots") ou
property located in the Subdivision, which Lots are more fully described in the Access
Easeinent and Iinprovement and Maintenance Agreement.
Improvement, maintenance, preservation, repair, operation of and insurance for Stone
Road has been delegated to an owners road association as described and detined in
that certain Declaration of Protective Covenants for The Stone Road Association
recorded in the real property records of Pitkin County on August 15, 1995, in Book
790 at Page 723.
4. Pitkin County wishes to utilize Stone Road through the individual Lots as the primary
access and only easement and access route to and froin the Coinmunications Facility
through the West Sopris Creek Subdivision.
The Association and the Lot owners are willing to grant Pitkin County an easeine~nt on
and over Stone Road through the Lots for the purpose of accessing the
Communications Site according to the terms and conditions set farth in the Access
Agreement.
The terms of the agreement are set forth, and the Chair (or Chair's designee) shall be
authorized to sign, the Access Easement and Iinprovement and Maintenance
Agreement in substantially the form approved by the County Attorney.
NOW THEREFORE, BE IT ORDAINED, that the Board of County Commissioners of Pitkin
County Colorado accepts a road easement from the owners of Stone Road Association, Ranch
Subdivision/P.U.D.
INTRODUCED, FIRST READ AND SET FOR PUBLIC HEARING ON THE 22nd
DAY OF APRIL, 2009.
APPROVED UPON SECOND READING AND PUBLIC HEARING ON THE 13th
DAY OF MAY, 2009.
PUBLISHED AFTER ADOPTION IN THE ASPEN TIMES WEEKLY ON THE
~.4 ~ DAY OF MAY 2009.
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
1 ` ~G~ ,
vY ~
By
Jea ette ones, Deput Clerk Patti Kay- lapper, Chair
Date: ~ ~~- 6 ~
APPROVED AS TO FORM:
, _.-.- ~
John M. Ely
Attor~tey ~ - ~'
i
l ~
Hilary F t er
County a ger
2
~~~~~
~ONTRACT #~.~ .> ~ ,~~~`t
ACCE5S EASEMENT
AND IMPROVEMENT AND MAINTENANCE AGREEMENT
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This Access Easement and Improvemen~t ,and ua.~m~tenance Agreement (this
"Agreement") is made and entered into as of the ~c~ay of ~a~uzz~.y, 2009, by and between the
PITKIN COUNTY, COLORADO BOARD OF COUNTY COMMISSIONERS ("PITKIN
COIJNTY"), THE STONE ROAD ASSOCIATION (the "ASSOCIATION"), a Colorado
nonprofit corporation, and each of the undersigned owners (the "OWNERS") of Lots within the
West Sopris Ranch Subdivision, Pitkin County, Colorado as each such Lot is described in the
signature page of the respective Owner, attached hereto.
WITNESSETH:
WHEREAS, the Owners are the several owners of individual Lots located on real
property known as the West Sopris Ranch Subdivision (the "Subdivision"), Pitkin County,
Colorado.
WHEREAS, Stone Road provides access from each of the Lots to West Sopris Creek
Road, a county road owned and maintained by Pitkin County; and
WHEREAS, as used herein, "Stone Road" includes that portion "Skookum Lane" as it
provides access to improvements located on Lots 3, 4 and 6, West Sopris Ranch Subdivision;
and
WHEREAS, improvement, maintenance, preservation, repair, operation of and insurance
for Stone Road has been delegated to the Association by the Owners as described and defined in
that certain Declaration of Protective Covenants for The Stone Road Association (the
"Declaration"), which Declaration was recorded in the real properiy records of Pitkin County on
August 15, 1995, in Book 790 at Page 723; and
WHEREAS, Pitkin County leases and maintains a telecommunications site on real
properiy located above the Subdivision, which site is known as the Crown Mountain
Communications Facility (the "Communications Facility"), which Communications Facility is
described in Exhibit A, attached hereto; and
WHEREAS, Pitkin County wishes to utilize Stone Road through the individual Lots as
the primary access and only easement and access route to and from the Communications Facility
through the West Sopris Creek Subdivision; and
WHEREAS, the Association and the Owners are willing to grant Pitkin County an
easement on and over Stone Road through the Lots for the_ purpose of accessing the
Communications Site according to the terms and conditions set forth herein.
NOW, THEREFORE, for the mutual promises made herein, the receipt and sufficiency
of which is hereby acknowledged, it is agreed between the parties as follows:
'~
1. Acknowled~ement of Existin~ Easement. By their signature hereon, each of the
undersigned Owners acknowledges the existence of an easement on and over Stone Road as it
exists on each such Owner's Lot in favor of each of the other Owners for the purpose of ingress
to and egress from the Lot of each such other Owner to West Sopris Creek Road or lands of the
United States administered by the Bureau of Land Management. Further, each of the
undersigned Owners acknowledges their membership in The Stone Road Association and the
existence of the Declaration as a burden and benefit to the Lot of each such Owner.
2. Grant of Easement.
(a) Subject to the other provisions of this Agreement, each Owner and the
Association hereby grant and convey to Pitkin County and its permitted designees, as defined in
Section 3, below, a non-exclusive perpetual easement for access over and across Stone Road as it
exists on the Lot of each such Owner for the purpose of providing access to and from the
Communications Facility (which shall be referred to herein as the "Easement"). The intensity of
Pitkin County's use of the Easement granted herein shall be limited to the usage which took
place by Pitkin County in the summer of 2008, plus two additional lessees or users. As used
herein, "intensity of use" means, in connection with access to and from the Communications
Facility for any particular period of time, the number of round trips made by motor vehicles
which take place on Stone Road, the weight of each vehicle using Stone Road, the days of the
week and time of day in which each such trip occurs. For purposes of administering this
Agreement, the number of individual antennae, third party users and associated equipment
located within the Communications Facility may be used as an approximation of the intensity of
Pitkin County's use of the Easement. The Association may authorize an increase in the intensity
of Pitkin County's use of the Easement under terms and conditions imposed by the Association
in its sole and absolute discretion. In addition to the use of the Easement permitted above, Pitkin
County shall be allowed to use the Easement during the spring and summer of 2009 for
construction of improvements within the Communications Facility, subject to reasonable
regulations of the Association related to time of use, number and size of construction vehicles,
noise limitation, dust suppression and other similar concerns as determined by the Association in
its sole reasonable discretion.
(b) The Easement granted above shall be subject to: (i) any and all existing road,
driveway, utility, water, sewer, telephone, cable, electric, gas, irrigation systems, ditches and
laterals, and similar easements; (ii) improvements and landscaping in place or to be constructed
in the future; provided however, that any such easements granted or improvements constructed
after the date of this Agreement shall not unreasonably and materially adversely affect the use of
the Easement, and subject to all patent or latent defects, and any adverse legal, practical or
physical conditions, of any kind or nature.
(c) Pitkin County's or any Permitted Designee's placement of signs, the storage of
dumpsters and toilets, or the staging of materials is prohibited in the Easement. Vehicles or
machinery parked or stored in violation of this Agreement shall be subject to immediate removal
by the Association, without notice, and Pitkin County shall pay the costs of towing or removal
and storage of such vehicles and machinery. Pitkin County shall pay the cost of repairing
damage to the road or shoulder of the Easement caused by use of the Easement by Pitkin County
Access Easement and Improvement and Maintenance Agreement Page 2
~
or any Permitted Designee and shall promptly repair, restore, revegetate and regrade, as
necessary, any portions of the Easement damaged by such use, including any affected
landscaping and any other surface improvements, to the condition, topography and grade that
existed prior to the damage. All traffic utilizing the Easement shall adhere to posted speed
limits. Pitkin County and all Permitted Designees shall adhere to all Pitkin County requirements
for fugitive dust control and shall carry out proper and efficient dust control measures whenever
necessary in order to minimize damage to the Easement and nuisance to the Owners. Pitkin
County and all Permitted Designees shall comply with Pitkin County noise ordinances.
(d) No parking, storage or staging of vehicles, trailers or other personal property shall
be allowed within the Easement or on the property of any Owner or of the Association.
3. Permitted Desi~nees. Within thirty (30) days of the execution of this Agreement by
Pitkin County, Pitkin County shall provide the Association the name, address and emergency and
non-emergency contact information for each of the persons or entities who have a right to utilize
the Communications Facility (who shall each be referred to herein as a"Permitted Designee";
the information required by this sentence shall be referred to herein as the "List of Permitted
Designees"). Only persons having a legitimate need to use the Easement for the purpose of
ingress to and egress from Communications Facility may be Permitted Designees. Within thirty
(30) days prior to April 1, July 1, October 1 and January 1 of each year, Pitkin County shall
notify the Association of any changes in the List of Permitted Designees.
4. Maintenance and Other Obli~ations Associated with the Easement.
(a) At its sole cost and expense, Pitkin County shall grade Stone Road (including
Skookum Lane) from West Sopris Creek Road through the Subdivision and onto the lands of the
United States to the Communications Site no less than once each year between the months of
September and December, inclusive. Except for grading of Stone Road within Lot 13, West
Sopris Ranch Subdivision (the "Bennett Property"), grading of Stone Road shall conform to the
standards identified in Section 3 of the Declaration. In the case of grading of Stone Road on the
Bennett Property, Pitkin County shall, at a minimum, maintain the quality of grading which has
historically been provided by the Owner of the Bennett Property.
(b) The Declaration is hereby modified and amended to provide that Pitkin County
shall be obligated to pay a pro rata share of the assessments and special assessments imposed by
the Board of Managers of the Association as described in Article 3 of the Declaration, and that
Pitkin County shall be subject to the Association's enforcement powers as described in Articles 3
and 4 of the Declaration. Pitkin County shall be liable for one-twelfth (1/12th) ofthe assessments
and special assessments which may be levied by the Board of Managers. Pitkin County's
liability for payment of assessments and special assessments shall commence with calendar year
2008. PITKIN COUNTY SHALL NOT BE A MEMBER OF THE ASSOCIATION AND
SHALL NOT HAVE A VOTE IN THE AFFAIRS OF THE ASSOCIATION OR OF THE
BOARD OF MANAGERS. Pitkin County agrees and acknowledges that it shall be liable for
payment of assessments and special assessments levied for any item of expense of the
Association, including, without limitation, those arising from maintaining, improving, repairing
and plowing of Stone Road, insurance, accounting and legal functions of the Association,
Access Easement and Improvement and Maintenance Agreement Page 3
~
contingency and reserve funds for maintenance and improvement of Stone Road and other
anticipated costs and expenses of the Association. "Improving" of Stone Road may include
paving or applying another surface to all or any portion of the road surface, as the Board of
Manager may determine, in its sole and absolute discretion. It shall not be a defense to the
payment of any assessment due from Pitkin County that the expenses paid or proposed to be paid
by the Association disproportionately benefit Members of the Association. The Association and
its Board of Managers shall carry out their obligations under the Declaration and this Subsection
(b) in good faith.
(c) Pitkin County may be required to pay an increased allocation of the expenses of
the Association in the event it wishes to increase the intensity of its use of the Easement. In such
case, the Board of Managers shall be authorized to increase Pitkin County's allocation of the
expenses of the Association as the Association's Board of Managers determines in its sole
reasonable discretion.
5. Enforcement of Pitkin County's Obli at~ ions. In addition to the enforcement powers
established in Articles 3 and 4 of the Declaration, the Board of Managers shall have the right, but
not the obligation, to suspend the rights of Pitkin County and any Permitted Designee to use the
Easement granted herein in the event of any material default of Pitkin County to pay any
assessment or special assessment levied by the Board of Managers under the Declaration or to
otherwise comply with the terms of the Declaration or this Agreement including, without
limitation, Pitkin County's obligation to grade Stone Road as required in Section 4(a), above.
No such suspension shall be imposed against Pitkin County or any Permitted Designee until 30
days following the date notice is provided to Pitkin County of the existence of a material default.
In addition to any other remedy available to the Association or the Owners in the event Pitkin
County fails to grade Stone Road in any year as required by Section 4(a), above, Pitkin County
shall be liable to the Association for liquidated damages of $15,000, which is the currently
estimated cost of the Association to find a replacement provider of grading services for Stone
Road during the winter months. The $15,000 "liquidated damages" sum described in the
preceding sentence shall be increased on an annual basis using the Consumer Price Index Urban
Consumers (CPI-U) as published by the United States Bureau of Labor Statistics (the "BLS"), or
the replacement for said index if the CPI-U is no longer published by the BLS. In calculating the
increase in the "liquidated damages" sum, $15,000 shall be multiplied by the quotient of the
most recent CPI-U available at the time of calculation divided by the CPI-U published for the
month in which this Agreement was executed by the party who last signed this Agreement.
6. Insurance. Pitkin County shall maintain property and liability insurance with respect to
the Easement granted herein covering all insurable improvements in such amounts as the
Association may reasonably require from time to time, including, without limitation, a
comprehensive policy of commercial general liability insurance covering the Easement in an
amount not less than Two Million Dollars ($2,000,000 Each Occurrence/Aggregate) covering
bodily injury, including death to persons, personal injury and property damage liability arising
out of a single occurrence. Such coverage shall include, without limitation, legal liability of the
insureds for property damage, bodily injuries and deaths of persons in connection with the
operation, maintenance or use of the Easement. If permitted by law, Pitkin County shall use its
best efforts to cause its insurance policies to provide that the insurance company waives all right
Access Easement and Improvement and Maintenance Agreement Page 4
~
of recovery by way of subrogation against the Association and the Owners in connection with
any claim covered by any policy. Each such policy shall name the Association and each of the
Owners as additional insureds and shall be non-cancellable without at least 30-days notice. No
less than once each year Pitkin County shall provide the Association certificates of insurance
from the insurors (s) which demonstrate Pitkin County has complied with the terms of this
Section 6. Pitkin County shall require each of its subtenants in the Communications Parcel to
maintain the insurance required of Pitkin County under this Section 6, to name the Association
and each of the Owners as additional insureds under each such insurance policy, which policies
shall be non-cancellable without at least 30-days notice, and to provide a certificate of insurance
from the insuror(s) to the Association which demonstrates compliance with this provision no less
often than once per year.
7. Notices. Any notices required or permitted to be sent pursuant to this Agreement shall be
in writing and shall be deemed served, given, delivered and received upon the earlier of: (a)
when personally received by the party to whom it is addressed; or (b) three (3) business days
after being deposited with the United States Postal Service, registered or certified mail, return
receipt requested; or (c) one business day after being deposited with a commercial overnight
courier for overnight delivery with all required charges prepaid. All notices sent pursuant to
clause (b) or (c) above shall be addressed to the party to be served at the appropriate address, as
set forth below. Any Party may change its address for the purpose of this Section by giving
written notice of such change to all other Pariy in the manner provided for in this Section.
To the Association: Stone Road Association, Inc.
P.O. Box 2017
Basalt, Colorado 81621
With a copy to: Chad Schmit, Esq.
Garfield and Hecht, P.C.
601 E. Hyman Avenue
Aspen, Colorado 81611
To Pitkin County: Pitkin County Attorney
Attn: John Ely, Esq.
530 E. Main Street, Third Floor
Aspen, Colorado 81611
Miscellaneous.
(a) Notice of Default, Ri~ht to Cure. Except in the event of an emergency, in the event
of any default under the provisions of this Agreement, the non-defaulting party shall, prior to the
exercise of any right or remedy, give the party alleged to be in default written notice of such
default together with the right for a period of thirty (30) days after receipt of such notice (or such
longer period as is reasonably necessary due to season and/or weather conditions) to cure said
default. If the default is not cured within the time provided or any extension thereof, the non-
defaulting party shall then and thereafter be free to pursue any right or remedy allowed by this
Agreement or otherwise by law. ~
Access Easement and Improvement and Maintenance Agreement Page 5
f
(b) Remedies. Any party shall have the right and power to bring suit in its own name for
any legal or equitable relief due to lack of compliance with any provisions of this Agreement. If
any court proceedings are instituted in connection with the rights of enforcement and remedies
provided in this Agreement, the prevailing party shall be entitled to reimbursement of its costs
and expenses, including reasonable attorneys' fees, in connection therewith.
(c) No Waiver. The failure of any party to insist upon the strict performance of any
provisions of this Agreement or to exercise any right or option available to it, or to serve any
notice or to institute any action, shall not be a waiver or a relinquishment for the future of any
such provision.
(d) Amendments in Writin~. This Agreement may not be amended, nor may any rights
hereunder be waived, except by an instrument in writing executed by the parties hereto and duly
recorded in the real property records of Pitkin County, Colorado.
(e) Attorne,~s. In the event of any action for breach of, to enforce the provisions of, or
otherwise involving this Agreement, the court in such action shall award a reasonable sum for
attorneys' fees, costs and expenses to the party who, in light of the issues litigated and the court's
decision on those issues, was the substantively prevailing parting in the action.
( fl Colorado Law. The interpretation, enforcement or any other matters relative to this
Agreement shall be construed and determined in accordance with the laws of the State of
Colorado.
(g) Run With the Land. The provisions of this Agreement, including the benefits and
burdens created thereby, shall run with the land and shall burden and benefit the
Communications Facility and each of the Lots. As such, the provisions of this Agreement shall
inure to the benefit of and be binding upon the parties and any and all heirs or successors-in-
interest to Pitkin County and each of the Owners. Notwithstanding the preceding, in the event
Pitkin County alienates or otherwise divests itself of its right to use the Communications Facility,
this Agreement shall terminate and be of no further force and effect, except that any such
termination shall not reduce or eliminate any monetary obligation of Pitkin County which existed
prior to said termination or Pitkin County's obligation to grade Stone Road one time between the
months of September and December, inclusive, during the year in which this Agreement is
terminated pursuant to this Section 8( fl.
(h) Recordation. This Agreement, and any supplements or amendments thereto, shall be
recorded in the real property records of the County of Pitkin, State of Colorado, as affecting the
Communications Parcel and each of the Lots.
(i) Correction Documents. In the event any clerical or other errors are found in this
Agreement or any legal descriptions or other exhibits hereto, or in the event any exhibit shall be
missing, the parties agree to promptly execute, acknowledge, initial and/or deliver as necessary
any documentation in order to correct the erroneous document, description, or exhibit or to
provide any missing exhibit.
Access Easement and Improvement and Maintenance Agreement Page 6 ~
(j) Counterparts and Facsimile Si n~. This Agreement may be executed in multiple
counterparts each of which shall constitute an original but all of which when taken together shall
constitute one and the same document. The parties hereby agree that this Agreement may be
offered and/or accepted by facsimile communication and that delivery of facsimile signatures
shall be deemed the same as delivery of original signatures.
[ REMAINDER OF PAGE INTENTIONALLY LEFT BLANK ]
Access Easement and Improvement and Maintenance Agreement Page 7
IN WITNESS WHEREOF, the parties have executed this Access Easement and
Improvement and Maintenance Agreement to be effective as of the da.te first set forth above.
OWNERS OF LOTS 3 AND 4
David Bork Susan Manchee
STATE OF ~~~ ~~c~~~,~ )
} ss.
COUNTY OF~-.; ~va ~i.+~cz-~ )
The foregoing instrument was acknowledged before me tlus ~~1 day of 1~~R t~.
2009 by D' ork and Susan Manchee.
~2 •~-`n •
WITNESS my hand and official seal.
My connmission expires: ~-Zo- i 2
~ PAUL MERCHAIM ~
U COMM. # 1795980
~
(~ .. • NOTARY PUBIIC • CALIFORMIA
~
~ SANTA CLARA COUMTY
~
COMM, EXPIRES APRIL 20, 2012
~~.~.~ ./~ L~i' ~~
Notary Public
LEGAL DESCRIPTION OF LOTS 3 AND 4:
Lot 3
A parcel of land situated in the W%s of Section 22 and the N'/2 of the NW '/4 of Section 27,
Township 8 South, Range 87 West of the 6`~ P.M., more particularly described as follows:
Beginning at the Southwest Corner of said Section 22; thence N 0°59'02" E 484.40 feet; thence
S 88°57'06" E 655.00 feet to the True Point of Beginning; thence S 0°59' 12" W 767.06 feet;
thence S 88°34'25" E 1978.52 feet; thence N 0°02'31" E 292.03 feet to the S comer of said
Section 22; thence continuing N 1°02"31" E 488.0$ feet; thence N 88°57'06" W 197.22 feet to
the True Point of Beginning.
Lot 4
A PARCEL OF LAND SITUATED IN THE WEST HALF OF SECTION 22 AND THE
NORTH HALF OF THE NORTHWEST 1/4 AND LOT 1 OF SECTION 27, TOWNSHIP 8
SOUTH, RANGE 87 WEST OF THE 6TH PRINCIPAL MERIDIAN, MORE PATICUALLRY
DESCRIBED AS FOLLOWS: BEGINNING AT THE SW CORNER OF SAID SECTION 22,
$EING THE TRUE POINT OF BEGINNING. THENCE N 0 DEGREES 59'02" EAST 484.40
FEET, THENCE SOUTH 88 DEGREES 57'06" EAST 655.00 FEET, THENCE SOUTH 0
DEGREES 59'12" WEST 2460.06 FFET, THENCE SOUTH 89 DEGREES 54'S6" WEST
655.00 FEET,~THENCE NORT'H 0 DEGREES 59'02" EAST 1988.61 FEET TO THE POINT
OF BEGINNING.
~U
ALL PURPOSE CA]LI~OR1~tTA AC~NOVVJLEDGEl1~[]EN~
STATE OF: CALITORNTA
COUN'g"Y OF: ~ye-~ ~ A ~(~~-~
On A~2, c._ 1?.Zt,v~ before me, ~,c~~,~ M~~c ~~~{~~,Notary Public,
personally ap~eared 5;,~,g,,qN /l~~ W~.~ ~~
,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are ~
suUscribed to the within instrument and aclrnowledged to nie tlzat he/she/ihey executed the same in
liis/her/their authorized capacity(ies), and that by his her/iheir signature(s) on the u~strument the
person(s) or the entity upon behalf of which the person(s) acted, executed the Inst~•ument. I certify under
PENALTY OF PERJURY under the laws of the State of California that the foregoing paragrapli is true
an~ correct.
PAUL MERCHAVM ~
WITNESS my hand and official seal Q `~ ' COMM. # 1795980 ~
(~ .. • NOTARY PUBLIC • CAIIFDRaVIA +~
~ SANTA CLARA COUMTY ~
Sib aturep~ ~r~y~ COMM. EXPIRES APRII 24, 2012 ~
(SCAL} '
ATTENTIQN NQTARY: Through.the information ret~uested below is OPTIONAL, it could prevent
fraudu(ent attachment of this certificate to another document.
THIS CERTIFICATE MUST BE ATTACHED T0. Title of Document Type ~~~~ ~R ~~N--~-,t~T 3 r~y
THE DOCUMENT DESCRIBED AT RIGHT Number of Pages ~7 Date of Document ~~~ 2~.,c~
Signer(s) Other Than Named Above
IN WITNESS WHEREOF, the parties have executed this Access Easement and
Improvement and Maintenance Agreement to be effective as of the daxe first set forth above.
OF L9TS,~ AND 4
D vid Bork ~ Susan Manchee ~~. .
^~ ~~,...,:_~'
ST TE OF Gd 1/'/ ) ,~ a~
. ~Q ~.
) ss. : ~j. :
COUNTY OF ~ - ) • ~ F~ ! ~ ''~~Q ~~ ~: O
:~ / ~• y
The foregoing instrument was acknowledged before me this ~ day of ~t/•. ..%~-a ~
..• r
2009 by David Bork and Susan Manchee. i ~ s n a ~
WITNESS my hand and afficial seal.
My commission expires:
~ ~~ 2
Notary Public
LEGAL DESCRIPTION OF LOTS 3 AND 4:
Lot 3
A parcel of land situated in the W 1/2 of Section 22 and the N%2 of the NW 1/a of Section 27,
Township 8 South, Range 87 West of the 6~' P.M., more particularly described as follows:
Beginning at the Southwest Corner of said Section 22; thence N 0°59'02" E 484.40 feet; thence
S 88°57'06" E 655.00 feet to the True Point of Beginning; thence S 0°59'12" W 767.06 feet;
thence S 88°34'25" E 1978.52 feet; thence N 0°02'31" E 292.03 feet to the S corner of said
Section 22; thence continuing N 1°02"31" E 488.08 feet; thence N 88°57'06" W 197.22 feet to
the True Point of Beginning.
Lot 4 '
A PARCEL OF LAND SITUATED IN THE WEST HALF OF SECTION 22 AND THE
NORTH HALF OF THE NORTHWEST'/4 AND LOT 1 OF SECTION 27, TOWNSHIP 8
SOUTH, RANGE 87 WEST OF THE 6TH PRINCIPAL MERIDIAN, MORE PATICUALLRY
DESCRIBED AS FOLLOWS: BEGINIVING AT THE SW CORNER OF SAID SECTION 22,
BEING THE TRUE POINT OF BEGINNING. THENCE N 0 DEGREES 59'02" EAST 484.40
FEET, THENCE SOUTH 88 DEGREES 57'06" EAST 655.00 FEET, THENCE SOUTH 0
DEGREES 59' 12" WEST 2460.06 FFET, THENCE SOUTH 89 DEGREES 54'S6" WEST
655.00 FEET, THENCE NORTH 0 DEGREES 59'02" EAST 1988.61 FEET TO THE POINT
OF BEGINNING.
~ '"
IN WITNESS WHEREOF, the parties have executed this Access Easement and
Improvement and Maintenance Agreement to be effective as of the date first set forth above.
NERS O LO
ill am J. Bernste'
STATE OF ~ p )
) ss.
COUNTY OF ~ )
The foregoing instrument was acknowledged before me thi~~ day of ~~~
2009 by William J. Bernstein. ,,,,,,
; ~s:~ ~; us~ s. PETEHf+EN
:~: ,.= MY COMMISSION # DD 714944
WITNESS my hand and official seal. ~•~~8;= EXPIRES: January 14, 2ot2
'~~`,RF;Ec,• 8onded Thru Notary PuM~c Undenvriters
My commission expires: ~~ ~~~/ %~
of
Notary ~ublic
LEGAL DESCRIPTION OF LOT 5:
A PARCEL OF LAND SITUATED IN THE WEST 'h OF SECTION 22, TOWNSHIP 8
SOUTH, RANGE 87 WEST OF THE SIXTH PRICIPAL MERIDIAN, MORE
PARTICULARLY DECSCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 22:
THENCE S 20°35'02" E 3750.81 FEET TO THE POINT OF BEGINNING.
THENCE S 89°55'03" E 1317.12 FEET;
THENCE S 00°Ol' 14" W 1282.98 FEET;
THENCE N 89°57'04" W 1316.84 FEET;
THENCE N 00°00'29" E 1283.76 FEET TO THE POINT OF BEGINNING. SAID PARCEL
OF LAND CONTAINING 38.800 ACRES, MORE OF LESS.
i~
IN WITNESS WHEREOF, the parties have executed this Access Easement and
Improvement and Maintenance Agreement to be effective as of the date first set forth above.
O S F LOT 7
`1/ `
Fredrick illiam Grove
STATE OF ~ ~ )
`' ) ss.
COUNTY OF ~~~~ 7 )
~~ : ~~
Paula Joyce Grover
The foregoing instrument was acknowledged before me this LV day of ~~ e ~~--
2009 by Fredrick William Grover and Paula Joyce Grover.
WITNESS my hand and official seal.
My commission expires:
~~~~..~.~ .
~
Notary Public
LEGAL DESCRIPTION OF LOT 7:
A parcel of land situated in the W'/2 of section 22, T. 8 S., R 87 W of the 6`i' P.M. more
particularly described as follows: Beginning at the N.W. corner of the said section 22 thence S
00° 59'02" W 2340 feet, thence S 88° 54'42" E 1318.55 feet to the True Point of the Beginning,
thence S O1° 00'46" W 1170.0 feet, thence S 88° 54'42" E 1317.76 feet, thence N O1° 02'31" E
1170.00 feet thence N 88° 54'42" W 1318.55 feet to the True Point of Beginning, containing
35.4 acres more or less.
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
peborah Albright Notary Public
City of Pktshur9h. Alle9heny CountY
My Cq~missbn Explres Jan.15, 2013
Member. PennsYlvania AssociatioA of Notaries
Access Easement and Improvement and Maintenance Agreement Page 11
IN WITNESS WHEREOF, the parties have executed this Access Easement and
Improvement and Maintenance Agreement to be effective as of the date first set forth above.
O S F LOT 8
Thomas G. Morrison
STATE OF )
) ss.
COUNTY OF )
G9/~,v~~ ~-r-~, S _ ~
Christine S. Blish
The foregoing instrument was acknowledged before me this ~day of ~~~ 6~
2009 by Thomas G. Morrison and Christine S. Blish. .
WITNESS my hand and fficial seal.
Notary p~pA~Op~sd ~ of Cp1
My comm~~~e~~~n ~~~Ires 1~/14 ~Of 1 ~
Notary Pu ic
LEGAL DESCRIPTION OF LOT 8:
A parcel land situated in the W'/z of Section 22, T8S, R87W of the 6~' P.M. more particularly
described as follows:
Beginning at the NyV Corner of said Section 22,
Thence S 00° 59'02" W. 2,340.10 feet, to the Point of True Beginning,
Thence S 88° 54'42" E 1318.35 feet,
Thence S 1° 00'46" W 1170.00 feet,
Thence N 88° 54'42" W 1317.76 feet,
Thence N 00° 59'02" E 1170.00 feet to the Point of True Beginning.
Access Easement and Improvement and Maintenance Agreement Page 12 ~
~
IN WITNESS WHEREOF, the parties have executed this Access Easement and
Improvement and Maintenance Agreement to be effective as of the date first set forth above.
OWNERS ~F LOT 9 ~ - ~
vv~s~~~•
~~ ~' o~~~ ~AR~
s~~ O~PRY '•~9~
Margot Bo t er
~:2 :
~; :p
STATE OF ~ °• ~`~ : ~
~ ~ '•.o P1l~.: O
) ss. `s~ql°E O~ G~
COUNTY OF )
The foregoing instrument was aclrnowledged before me this ~ day of -~~`~^`
2009 by Margot Bottcher.
WITNESS my hand and official seal.
My commission expires:
My Commission Expires
09/23/200~
LEGAL DESCRIPTION OF LOT 9:
~
blic
A parcel of land situated in the W'/z of Section 22, T. 8 S., R. 87 W. of the 6`~ P.M. more
particularly described as follows:
Beginning at the NW corner of said Section 22, thence S. 0 degrees 59 xninutes 02 seconds W.
1,170.10 feet, thence S 88 degrees 54 minutes 42 seconds E 1,318.94 feet the True Point of
Beginning, Thence S. 1 degree 00 minutes and 46 seconds W. 1,170.00 feet, thence S. 88
degrees 54 minutes 42 seconds E 1,318.35 feet, thence N 1 degree 02 minutes 31 seconds E.
1,170.00 feet, thence N 88 degrees 54 minutes 42 seconds W 1,318.95 feet to the True Point of
Beginning.
Access Easement and Improvement and Maintenance Agreement Page 13
~~
IN WITNESS WHEREOF, the parties have executed this Access Easement and
Improvement and Maintenance Agreement to be effective as of the date first set forth above.
OWNERS OF LOT 10 ~
~
eorge iller
STATE OF )
COLTNTY OF~~~ ~ ~ ss.
The foregoing instrument was acknowledged before me this Z'~ day of~ ,
eorge Miller.
~~.~........
~~. .li
SS my hand and official seal.
SASkIA LYN's
SEMPLE ' ommission expires:
~•~.....•••.
. otary Public
M~- Comnbs~on Ezuires O7h812011
LEGAL DESCRIl'TION OF LOT 10:
A parcel of land situated in the West'h of Section 22, Township 8 South, Range 87 West of the
Su~th Principal Meridian, more particularly described as follows:
Beginning at the NW corner of said Section ~2, thence S 0°59'02" W 1170.10 feet to the True
Point of Beginning,
Thence S 88°54'42" E 1318.94 feet,
Thence 5 1°00'46" W 1170.00 feet,
Thence N 88°54'42" W 1318.35 feet,
Thence 0°59'02" E 1170.00 feet to the True Point of Beginning.
Access Easement and Improvement and Maintenance Agreement Page 14
(~
IN WITNESS WHEREOF, the parties have executed this ccess Easement and
Improvement and Maintenance Agreement to be effective as of the ~jas irst set forth~~ve.
//
!
A.
The foregoing instrument was acknowledged before me this ~.~ day of 1~
2009 by Douglas W. Leibinger and Rebecca A. Leibin e~.~..,;
~ ~et', ~~- '." ,-P _;'-~
WITNESS my hand and official seal. .~~Q =° `~ '..~~
6
' ,+.f~.;":a~ ~~ . r
N ",~
My commission expires: ~1~~r~C'~ : ~ {~ ~~ :
• i%~Yy .~~,. s; `f~
ct~ _ ;~~~~ ~ C-° =~ % -~-C CtE~-~~
v~¢lY.F ` ,
~ cx~.
LEGAL DESCRIPTION OF LOT 11: My Commiss ~on E~p~res y~ ~~ ~
~ ~/.>
PARCEL 11, WEST SOPRIS RANCH AKA A PARCEL OF LAND SITUATED IN THE
WEST '/z OF SECTION 22, TOWNSHIP 8 SOUTH, NORTH 87 WEST OF THE 6TH P.M.,
MORE PARTICUALLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST
CORNER OF SAID SECTION 22, THENCE SOUTH 88 DEGREES 53' 16" EAST 1319.54
FEET TO THE TRUE POINT OF BEGINNING, THENCE SOUTH 1 DEGREES 00' 46"
WEST 1169.50 FEET, THENCE SOUTH 88 DEGREES 54' 42" EAST 1318.95 FEET,
THENCE NORTH 1 DEGREES 02' 31" EAST 1169.00 FEET TO THE TRUE POINT OF
BEGINNING.
Access Easement and Improvement and Maintenance Agreement Page 15
i~
STATE OF 1~;~-~'%?)}~~`? )
) ss.
COUNTY OF ~~ ~~ ~i ~ )
IN WITNESS WHEREOF, the parties .have executed this Access Easement and
Improvement and Maintenance Agreement to be effective as of the date first set forth above.
O RS O LO~ 11
,,.
Thomas S. Cavill
STATE OF )
) ss.
COUNTY OF ~' ~ ' )
Jenifer L. Cavill
The foregoing instrument was acknowledged before me this~ day of
2009 by Thomas S. Cavill and Rebecca A. Leibinger.
WITN ~, m~ hand ai~f ' .l...sea1.__.~_ ..
u --~.
y commission expires:
~~ ~-~a)~
~
LEGAL DESCRIPTION OF LOT 11:
~9~~~"H~R S€IP
~y ~t~r ~ate of oHo
~y ~~E~rr E~pires
Augu6t 3, 2013
PARCEL 11, WEST SOPRIS RANCH AKA A PA~Z~AND SITUATED IN THE
WEST '/z OF SECTION 22, TOWNSHIP 8 SOUTH, NORTH 87 WEST OF THE 6TH P.M.,
MORE PARTICUALLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST
CORNER OF SAID SECTION 22, THENCE SOUTH 88 DEGREES 53' 16" EAST 1319.54
FEET TO THE TRUE POINT OF BEGINNING, THENCE SOUTH 1 DEGREES 00' 46"
WEST 1169.50 FEET, THENCE SOUTH 88 DEGREES 54' 42" EAST 1318.95 FEET,
THENCE NORTH 1 DEGREE 02' 31" EAST 1169.00 FEET TO THE TRUE POINT OF
BEGINNING.
Access Easement and Improvement and Maintenance Agreement
Page 16
ly
IN WITNESS WHEREOF, the parties have executed this Access Easement and
Improvement and Maintenance Agreement to be effective as of the date first set forth above.
OWNERS OF LOT 11
~~ J~~-~~
Nicholas J. Piediscalzi
STATE OF L "t~~.1"~`~•-r~-t ~
" ) ss.
COUNTY OF f' i1L~~<<' )
The foregoing instrument was acknowledged before me this .~h`~day of ~r L
2009 by Nicholas J. Piediscalzi
. ~ CHRISTINE YOUNG
Commfss(on # 1747912
WITNESS m hand and official seal. ~-+: Notary Public - California ~
Y san Franc(sco County
My Comm. 0~res May 28. 2011
My commission expires: ~
~ ~' r
~a~ 2 ~' °~ ~ ~~ Notary P lic
LEGAL DESCRIPTION OF LOT 11:
PARCEL 11, WEST SOPRIS RANCH AKA A PARCEL OF LAND SITUATED IN THE
WEST '/z OF SECTION 22, TOWNSHIP 8 SOUTH, NORTH 87 WEST OF THE 6TH P.M.,
MORE PARTICUALLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST
CORNER OF SAID SECTION 22, THENCE SOUTH 88 DEGREES 53' 16" EAST 1319.54
1~EET TO THE "TRiJ~ YOIN'T OF B~GiNN1NG, "THEIvCE SGUTH I UEG~ES Gu' ~6"
WEST 1169.50 FEET, THENCE SOUTH 88 DEGREES 54' 42" EAST 1318.95 FEET,
THENCE NORTH 1 DEGREE 02' 31" EAST 1169.00 FEET TO THE TRUE POINT OF
BEGINNING.
Access Easement and Improvement and Maintenance Agreement Page 17 ~~
IN WITNESS WHEREOF, the parties have executed this Access Easement and
Improvement and Maintenance Agreement to be effective as of the date first set forth above.
The foregoing instrument was acknowledged before me this ~ day of ~?
2009 by L. Russell Bennett.
WITNESS my hand and official seal.
My commission expires:
~~ ~ iL
LEGAL DESCRIPTION OF LOT 13:
ry Public
A parcel of land situated in the West'/z of Section 15, Township 8 South, Range 87 West of the
6th Principal Meridian, more particularly described as follows; ~
Beginning at the SW corner of said Section 15;
Thence South 88°53' 16" East 1979.31 feet to the True Point of Beginning;
Thence continuing South 80°53' 16" East 659.77 feet;
Thence North 00°52'07" East 2340 feet;
Thence North 88°53' 16" West 659.58 feet;
'Thence South 00°52'24" West 2340.00 feet to the True Point of Beginning, as hereinbefore
described.
Access Easement and Improvement and Maintenance Agreement Page 19
~~
) ss.
COUNTY OF C f(/~i7~-PS~/~ )
IN WITNESS WHEREOF, the parties have executed this Access Easement and
Improvement and Maintenance Agreement to be effective as of the date first set forth above.
OWNERS 14
ews Cinthia Andrews I vocable Trust
STATE OF ~ )
) ss.
COUNTY OF ~,L. Y~ _ )
The foregoing instrument was acknowledged before me this ~ day of ~
2009 by Cinthia Andrews and Cinthia Andres Irrevocable Trust.
WITNESS my hand and official seal.
My commission expires:
Notary Public
LEGAL DESCRIPTION OF LOT 14:
A parcel of land situated in the W'/2 of Section 15 Township 8 South, Range 87 West if the Sixth
Principal Meridian being more particularly described as follows:
Beginning at the SW corner of said Section 15;
Thence south 88°53' 16" East, 1,319.54 feet to the True Point of Beginning;
Thence continuing South 88°53' 16" East, 659.77 feet;
Thence North 00°52'24" East, 2,340.00 feet;
Thence North 88°53' 16" West, 659.59 feet;
Thence South 00°52'40" West, 2,340.00 feet to the True Point of Beginning.
Access Easement and Improvement and Maintenance Agreement Page 20 ~,Z
IN WITNESS WHEREOF, the parties have executed this Access Easement and
Improvement and Maintenance Agreement to be effective as of the date first set forth above.
THE STONE ROAD ASSOCIATION,
a Colorado nonprofit corporation
/
By:
Name: ~Z GH~• E-~~A.~t pL.~'~ts~~
Title: ~,Ec~. ~~~T S ~
ATTEST:
Name:
Title:
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this ~~,day of~~f
2009 by ~~~'~,,.((`~ Nr ;~(~~_~-:~,as ~~~~(' ~~ ~QN of The Stone Road
Association, a Colorado nonprofit corporation.
WITNESS my hand and official seal.
My commission expires:
~~t ~` ~
Notary Public
~~n~~Ry~;~!-
:
.
:
~ ° '"~ 'r' ;`-` °` ~
9 a~,.~ '.~~w ~
~~~r= :1[.r:-`,: `_~
Mly Com~issia~ E~:~res U~'IiU2010
Access Easement and Improvement arid Maintenance Agreement Page 22
~3
IN WITNESS WHEREOF, the parties have executed this Access Easement and
Improvement and Maintenance Agreement to be effective as of the date first set forth
above.
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
By: ~ I '
Patti Kay-Clappe `
Chairman
STATE OF COLOR.ADO
) ss.
COUNTY OF PITKIN ) ~
The foregoing instrument was acknowledged before me this ~ day of
_~~~~ 2009 by Patti Kay-Clapper as Chairman of the Pitkin County Board of
County o~issioners.
WITNESS my hand and official seal.
My cominission expires: ~~ -~/ 0207~ ~
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