HomeMy WebLinkAboutbocc.ord.038.1998AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO AUTHORIZING THE GRANT AND
RELEASE OF RIGHTS OF WAY FOR UPPER RIVER ROAD, FOR THE
GRANT OF AN EASEMENT FROM THE ASPEN FIRE PROTECTION
DISTRICT FOR UPPER RIVER ROAD, AND TO GRANT A PARKING
EASEMENT AGREEMENT TO MICHAEL K. UNDERWOOD AND
MARY JANE UNDERWOOD
Ordinance No. 98-38
Recitals
1. Mary Jane Garth, a/k/a Mary Jane Underwood, and Michael K.
Underwood ("the Underwoods") are the owners of property in Pitkin County, Colorado as
described in Book 497 at Page 634 of the records of the Pitkin County Clerk and
Recorder's Office, located in Section 16, Township 9 South, Range 85 West of the Sixth
Principal Meridian ("the Underwood Property").
2. The Aspen Fire Protection District agreed to accept a donation of a portion
of the Underwood Property from the Underwoods for use as a new fire station and a post
office, and obtained a rezoning of the parcel in Ordinance No. 97-32 and approval of the
growth management and subdivision exemption for essential community facilities by
Resolution No. 97-146.
3. A condition of the land use approval, in Resolution No. 97-146, paragraph
13, is that the owners of the property and the County must adjust the County road right of
way easements in a manner acceptable to both parties.
4. The County has a deeded right of way through the Underwood Property,
recorded in Book 156 at Page 41, records of Pitkin County, Colorado, by deed from the
State of Colorado dated July 24, 1917, but Upper River Road was built through the
property in an area that does not coincide with the deeded right of way. The parties have
worked together to resolve this issue through a Grant and Release of Rights of Way
between the Underwoods and Pitkin County; by the acceptance of an easement from the
Aspen Fire Protection District for the Upper River Road right of way once the deed from
the Underwoods to the District for the rezoned parcel is recorded; and through a Parking
Easement Agreement between the Underwoods and the County, to allow the continuation
of the historical use of a portion of the right of way for parking purposes.
5. Drafts of the Grant and Release of Rights of Way, the Grant of Easement,
and the Parking Easement Agreement are attached as Exhibits A, B, and C, respectively,
and are incorporated by this reference.
6. It is in the best interest of the County to enter into these Agreements to
correct the right of way problem.
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Ordinance # 98 -38
Page 2
NOW THEREFORE, be it ordained by the Board of County Commissioners of
Pitkin County, Colorado that the Board of County Commissioners does hereby accept,
and authorizes the Chair to sign, the Grant and Release of Rights of Way, the Grant of
Easement from the Aspen Fire Protection District, and the Parking Easement Agreement,
in substantially the forms attached as Exhibits A, B, and C hereto, after approval of the
form of such documents by the County Attorney, and to execute such other documents
and take such further actions as may be necessary to finalize this transaction.
INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING ON
THE 26th DAY OF AUGUST, 1998.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE WEEKEND
EDITION OF THE ASPEN TIMES ON 29TH DAY OF AUGUST, 1998.
APPROVED UPON SECOND READING AND PUBLIC HEARING ON
THE 9TH DAY OF SEPTEMBER, 1998.
PUBLISHED AFTER ADOPTION IN THE WEEKEND EDITION OF THE
ASPEN TIMES ON THE 19TH DAY OF SEPTEMBER, 1998.
ATTEST:
COMMISSIONERS
J. nette Jones
puty Clerk
APPROVED AS TO FORM:
Deborah Quinn
Assistant County Attorney
Idords/upprivrd.ord
BOARD OF COUNTY
OF PITKIN COUNTY, COLORADO
Chair, ileii49
Date: 5 . ! S- 9 8
C
Suerhk-----
ne Konc an
Co ty Mana er
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CONTRACT #9- /d l
GRANT AND RELEASE OF RIGHTS OF WAY
This Grant and Release of Rights of Way is entered into this 15th day of September,
1998, by and between the Board of County Commissioners, Pitkin County, Colorado (hereinafter
sometimes referred to as "Grantors") and Mary Jane Garth, a/k/a Mary Jane Underwood, and
Michael K. Underwood (hereinafter sometimes referred to as "Grantees"), Pitkin County,
Colorado.
WHEREAS, the County of Pitkin received a grant of right of way from the State of
Colorado by deed, dated July 24, 1917, recorded in Book 156 at Page 41, records of Pitkin
County, Colorado, a portion of which it desires to convey to Grantees;
AND WHEREAS, the County of Pitkin has been operating, maintaining and using for
public road way purposes a right of way, which has existed since 1912, prior to the conveyance
of property of the Grantees, which right of way is not identical to the deeded right of way through
Grantees' property;
AND WHEREAS, the parties hereto desire to correct and realign the right of way to
include the existing County road;
NOW THEREFORE for good and valuable mutual consideration, the parties hereto agree
as follows:
1) The Board of County Commissioners of Pitkin County, Colorado hereby grants,
conveys and quit -claims unto the Grantees herein the following described real property being a
portion of the road right of way recorded in Book 156 at Page 41, records of Pitkin County,
Colorado:
(See description incorporated herein and attached hereto as Exhibit "A")
Except that portion of the road right of way which lies within the right of way conveyed
to the County in Paragraph 2 below.
2) The Underwoods hereby grant, convey and quit -claim to the Board of County
Commissioners of Pitkin County, Colorado a right of way, over, upon, under and across the real
property hereinafter described:
(See description incorporated herein and attached hereto as Exhibit "B")
EXHIBIT A to
ORDINANCE No. 98-38
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IN WITNESS WHEREOF the parties hereto have entered into this mutual release and
grant of right-of-way the day and year first above written for the use and benefit of the parties
hereto, their heirs, successors and assigns.
(SEAL) Board of County Commissioners of Pitkin County,
Colorado
B
STATE OF COLORADO )
) ss.
COUNTY OF P1TKIN )
The foregoing instrument was acknowledged before me this 1`3.1.5 day of
1998, by .Shupe Rov ii6,per,
her Cdpaal co, A-fn9 Glair on -he eaird of Count Comili►•sstonde5
Witnessmy hand and official seal. `,,,
• ,,tip • •NIy'eosiirijaskion expires: 'C=etor c vtr( Li, 20o L
+V lo Cs
Notary Public
S�je/feieoj t lA•per
t`�a \ \4
Mary Jane Gash
airpersond cf �i•1
J
sc
Michael K. L7 erwood
1111111111111111111111111111IIIIIIIIIIIIIIIIIIIIIIIIIII
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2
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN
The foregoing instrument was acknowledged before me this Ci4'1' day of
eJ.PhP,ol i , 1998, by Mary Jane Garth.
`Wiities r' y hand and official seal.
o _ � � n n et,ko✓oar (1 200Z
y consiniission expires:
L,.. V�L_ ,
•.. 4 3 . •` Notary Public
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN
C141-
The fore oing instrument was acknowledged before me this day of
, 1998, by Michael K. Underwood_ ,A Hat Jane G514h ars k45
atlo✓net- 1 n- f'aor
.Witness my hand and official seal.
••14.\p 9 O.
;• as •lv1y c8tAtlikion expires:
es
,�
FeApetMeci (-1 200Z
Notary Public
I IIIIII 11111 111111 III IIIIII IIIIIII 11111 III 111111111 IIII
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EXHIBIT "A"
(County of Pitkin to the Underwoods)
A portion of an existing sixty -foot (60') wide county road easement as described in Book 156
at Page 41 in the Pitkin County Clerk and Recorder's Office, situated in a parcel of land as
described in Book 497, at Page 634 in the Pitkin County Clerk and Recorder's Office, Section 16,
Township 9 South, Range 85 West of the 6th Principal Meridian, County of Pitkin, Colorado,
being more particularly described as follows:
Said existing county road easement being sixty feet (60') in width and extending thirty feet (30')
either side of the following described centerline:
Beginning at the southeast corner of said parcel of land described in Book 497 at Page
634, whence the North 1/4 corner of said Section 16 bears N17°13'30"W 1803.20 feet; thence
S75°08'00"W 151.95 feet to The True Point of Beginning; thence along said centerline
N15°40'25"W 206.79 feet; thence continuing along said centerline N12°44'25"W 1063.39 feet
to a point on the northerly boundary of said parcel of land described in Book 497, at Page 634,
the Point of Terminus, whence the N1/4 corner of said section 16 bears N10°26'23"W 533.84
feet, and the northeast corner of said parcel bears N90°00'00"E 47.89 feet, said easement
containing 1.750 acres, more or Tess.
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EXHIBIT "B"
( Underwoods to the County of Pitkin)
A parcel of land, situated within a parcel of land as described in Book 497, at Page 634 in the
Pitkin County Clerk and Recorder's Office, Section 16, Township 9 South, Range 85 West of the
6th Principal Meridian, County of Pitkin, Colorado, being more particularly described as follows:
Beginning at the northeast corner of said parcel of land described in Book 497, at Page 634, said
point also being on the westerly right-of-way line of the Denver & Rio Grande Western Railroad,
the True Point of Beginning; thence the following three (3) courses along said westerly right-of-
way line and the easterly boundary line of said parcel of land as described in Book 497, at Page
634; S24°02'37"E 364.51 feet; thence 226.88 feet along the arc of a curve to the right having
a radius of 1382.68 feet and a central angle of 09°24'06", and a chord which bears
S19°20'34"E 226.63 feet; thence S14°38'31"E 121.33 feet; thence leaving said westerly right-
of-way line and easterly boundary line S79°22'53"W 34.29 feet to a point on the easterly edge
of an existing county road in place; thence the following four (4) courses along said county road;
S06°37'21"E 132.22 feet; thence S05°22'52"E 224.26 feet; thence S06°22'48"E 122.82 feet;
thence S11 °16'10"E 80.49 feet to a point on the southerly boundary line of said parcel of land
described in Book 497, at Page 634; thence leaving said county road, along said southerly line
S75°08'00"W 43.61 feet; thence leaving said southerly line 183.59 feet along the arc of a curve
to the right having a radius of 1595.52 feet and a central angle of 06°35'34", and a chord which
bears N08°54'58"W 183.49 feet; thence N05°3710"W 454.70 feet; thence 270.54 feet along
the arc of a curve to the left having a radius of 850.00 feet and a central angle of 18°14'09",
and a chord which bears N14°44'15"W 269.39 feet; thence N23°51'20"W 378.44 feet to a
point on the northerly boundary line of said parcel of land described in Book 497, at Page 634;
thence along said northerly boundary line N90°00'00"E 67.61 feet to the True Point of
Beginning, said parcel of land containing 1.690 acres, more or less.
Provided, however, that the real property described herein shall be used by Pitkin
County for road purposes, and in the event that Upper River Road ceases to be a public
road through the property described herein, said property shall revert to Grantors.
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Recorded at o'clock M
Reception No Recorder.
QUIT CLAIM DEED
THIS DEED, Made this day of , i9 9 8 ,
between
Michael K. Underwood and Mary Jane Garth,
formerly Mary Jane Underwood, Mary Jane Anc9Prso
of the *County of Pitkin and State of
Colorado, grantors), and
Aspen Fire Protection District,
a quasi municipal corporation
whose legal address is 420 East Hopkins
Aspen, Colorado 81611
of the County of Pitkin
CONTRACT #11' -
and State of Colorado, grantee(s),
WITNESSETH, That the grantors), for and in consideration of the sum of a deed of gift
PAWV
the receipt and sufficiency of which is hereby acknowledged. ha veremised, released, sold, conveyed and QUIT CLAIMED, and by
these presents do remise. release. sell. convey and QUIT CLAIM unto the granteets). 1 t s yefty,successors and assigns,
forever. all the right, title. interest. claim and demand which the grantor(s) ha -vein and to the real property, together with
improvements. if any, situate, lying and being in the County of P i tk i n and State of
Colorado, described as follows:
See Exhibit "A" attached hereto and incorporated herein.
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also known by street and number as:
TO HAVE AND TO HOLD the same. together with ail and singular the appurtenances and privileges thereunto belonging or in
anywise thereunto appertaining, and all the estate, right, title. interest and claim whatsoever. of the grantor ). either in law or equity, to
the only proper use. benefit and behoof of the grantee(s). i tS jfr,(rtland assigns forever.
IN WITNESS WHEREOF. The grantors) have executed this deed on the date set forth above.
IV, J-1 J � - t .:"Nf, _k • nok,C r)'"-,
Michael K. Underwood Mary Jane Garth, formerly
2\(-24.\--\, 0 k— -r\ �— ‘----1-.N I ' - ':,fi Mary Jane Underwood, formerly
Mary Jane Anderson
STATE OF COLORADO,
ss.
County of Pitkin
The foregoing instrument was acknowledged before me this -4 day of Savbernica.r-1.9 98,
by Kali -Li vane &a.r'•W1tt K3iv'tuO itL(cjtld a.,c74{7�+1in fack Nichae4 K.O( e/U
M "i;oytgassi i'Er, k-eto/J&I 17
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*If in Deny ,'IYstbrrt'y1City and."
.L . Witness my hand and official seal.
EXHIBIT B to
ORDINANCE 98-38
Notary Public
No. 933. Rev. 3-85. QUIT CLAIM DEED
Lradford Publishing. 1743 Wazee St., Denvrr. CO 80202 — (303; 292.2500-- 10-90
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'EXHIBIT "A"
QUITCLAIM. DEED FROM
MICHAEL K. UNDERW00D AMW MARY JANE UNDBRWOOD TO
ASPE11 TIRE PROTECTION DISTRICT
LEOAL Dasem1R10N
•
A paroel of land altuatad la N81i of 8aation >)0. Township 0 South, Ringe 55 Watt of the etts
Prinotp.l •Msddlan; Pltidn County, Colorado, sald'parosi being mom parttoulwty described se
follow;:
8epinnlnp etpoint on the north boundary 'of a parcel of kind daodbad In Rscepdart No.
113934, filed In the records of Plkt'tn County Clerk and Reoordar's CMOS from which the
North % oamsr•of sold llection 10 bows N 13.07'34 W 1521.801 thence N 78e08'00' t=.
124.42 feet along the northady ling of said caul to a palrrgen the westerly rIstd ot-WayJin.
of the Denver & file Utands Western Rsllroad; thence tong the westerly line of said righsof-
way 151.40 feet slang the ere of a anew to the left, having s radius a 2514E3 tut, central
angle of 03.04'67• and subtending a chord baying of N 13400'021 W 151.43 tests thane
N 14•3l1'51 • W 388.07 feats thence leaving the went KM of Bald dgh .ofrway
8 79922'534 W 91.701ssr to a pent along dafpdstina county road (u build; thanes 'Iona
..id county road 5 00.37'31` .22 fa 0,1E2ts thence aorrdnutnp.lobo ula county road
8 01022'e2• E 224.20 fasts thence continuing slang said oourdy, road S 05,22'48• E 122.82
furl thence 3 11.10'10" 100.45 fast to the point of bapinaing, containing 1.178 sores
more or teas.
Together with a twenty-five (25) foot utility easement located within a parcel of
land situated within Section 18, Township 9 South, Range 86 West of the 6th
Principal Meridian, Pitkin County, Colorado, said parcel of land being further
described in Book 497, at Page 634 of the Pitkin County records, said utility
easement being located along the southerly boundary line of said parcel
recorded in Book 497, at Page 634, said easement being a strip of land Tying
twenty-five feet 10 the north of said southerly line, end being more particularly
described es follows:
Commencing from a point whence the North 1/4 comer of said Section 16 bears
NOO'05'11'E 1921.37 feet; thence N62•14'00•E 87.44 feet along said southerly
boundary line to the True Point of Beginning; thence continuing along said
southerly line N82.14'00•E 177.29 feet; thence continuing along said southerly
line N75•08'00'E 213.57 feet to the Point of Terminus, whence the North 1/4
corner of said Section 16 bears N13'28'45'W 1802.20 feet.
Provided however, that the real property described herein shall
be used for the purposes of the Aspen Fire Protection District
and/or the United States Vestal. Service and in the event -the
described property is no. longer used'for Aspen Fire Protection
District or United States Postal Serrice purposes said property
shall revert to the Grantors;
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CONTRACT # 98 /28-
PARKING EASEMENT AGREEMENT
This Agreement is made this ,'-day of 1998, by and between the
BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO
(County), whose address is 530 East Main Street, Aspen, Colorado 81611, and
MICHAEL K. UNDERWOOD AND MARY JANE GARTH, also known as Mary Jane
Underwood, also known as Mary Jane Anderson (Underwoods), whose address is Box
250, Woody Creek, Colorado 81656.
RECITALS
A. County and Underwoods have agreed to quit claim their interests to one
another in order to relocate the County's deeded Upper River Road Right -of -Way so that
it coincides with the existing improved Upper River Road (the Grant and Release of
Rights of Way referenced below). The Upper River Road was not built within the
County's deeded Right -of -Way, and the relocated Right -of -Way will encompass the
existing actual roadway.
B. There is a plat, a copy of which is attached as Exhibit C, showing the
parcels to be mutually conveyed, and depicting the Parking Area which is the subject of
this agreement; a legal description of the parcel to be conveyed by the Underwoods to the
County is attached as Exhibit B (the "Right -of -Way"); and a legal description of the
parcel conveyed by the County to the Underwoods is attached as Exhibit A. The property
to be benefited by this easement, currently owned by the Underwoods, is generally
described in Book 497 at Page 634 of the records of Pitkin County, Colorado, less those
portions conveyed to the County in that certain Grant and Release of Rights of Way dated
September 15, 1998 between the County and Underwoods, and is commonly known as
the Woody Creek Tavern and the Woody Creek Mobile Home Park (the "Property").
C. The Right -of -Way to be conveyed to the County includes the existing
parking area for the Woody Creek Tavern, and the existing post office. Forty-eight (48)
parking spaces are reserved for the commercial uses pursuant to a lease by the
Underwoods for the Woody Creek Tavern and pursuant to the historical and ongoing uses
consistent with the Commercial Zoning, as specified in Paragraph 6a, b, c, d of this
Agreement. The parties wish to formalize the use of the Right -of -Way for a parking area
for the commercial uses.
D. The Right -of -Way to be conveyed to the County includes language that the
Right -of -Way is for road purposes, and the uses permitted by this Agreement do not
violate any road purpose restriction on the County's use of the Right -of -Way.
EXHIBIT C to
ORDINANCE No. 98-38
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AGREEMENT
For valuable consideration, the parties agree as follows:
1. County grants to Underwoods the right to use the public Right -of -Way,
along the east side of the paved portion of the Upper River Road, depicted on Exhibit C
as Parking Area, for the purposes specified in this Agreement.
2. Use of the Parking Area shall be limited to and restricted to the uses
described herein, and the Underwoods agree that the Parking Easement shall at no time be
used in a manner which interferes with the safety of the public use of Upper River Road.
The historical and ongoing parking arrangement (as specified in Paragraph 6.a, b, c, d) is
permitted and does not interfere with the safety of public use of Upper River Road. Any
improvements to the road shall not eliminate or reduce the existing parking spaces.
3. Underwoods agree to indemnify and hold harmless the County, its
officers, employees and agents from and against all liability, claims and demands on
account of injury or loss or damage, including without limitation claims arising from
bodily injury, personal injury, sickness, death, disease, property loss or damage, or any
other loss of any kind whatsoever, which arise or are in any manner connected with
Underwoods activities under this Easement Agreement. Underwoods agree to
investigate, handle, respond to and to defend against any such liability, claims, or
demands, and agree to bear all other expenses relating thereto, including court costs and
attorneys fees, whether or not any such liability, claims or demands alleged are
groundless, false or fraudulent. Likewise, the County, within its legal ability to do so
under the Constitution of the State of Colorado and without in any way or manner
intending to waive or waiving the defenses or limitation on damages provided under and
pursuant to the Colorado Governmental Immunity Act, C.R.S. §24-10-101, et. seq., the
Colorado Constitution, or under common law or the laws of the United States or the State
of Colorado, except as specifically waived herein shall indemnify, defend and hold
harmless, the Underwoods from any and liability, claims, or demands arising from the
County's activities under this Agreement.
4. Underwoods agree to name the County as an additional insured on their
liability policy on the Property and will provide a certificate of insurance to the County
Risk Manager no later than thirty days after the date of this Agreement.
5. Underwoods shall be solely responsible for all maintenance, including
snow removal, of the Parking Area, and agree to keep the Parking Area in good repair.
The County agrees to keep the drainage from the hill above off the Parking Area, and to
keep snow plowed from Upper Woody Creek Road off the Parking Area. In connection
with snowplowing of the Parking Area and of Upper River Road, Underwoods and the
County agree not to deposit snow on the five (5) foot wide area between the paved
portion of the Parking Area and Upper River Road.
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6. The Parking Area may be used by Underwoods for the following purposes
a. temporary (not overnight) parking for patrons of the Woody Creek
Tavern and the two other commercial spaces;
b. a Park `n Ride area for RFTA; restricted to a fifty (50) foot strip of
property as depicted on Exhibit C;
c. the temporary use of no more than twelve (12) parking spaces for
residents of the Woody Creek Mobile Home Park for overflow parking,
for safety purposes only. This use shall be permitted only until such time
as the Woody Creek Mobile Home Park is reconfigured so as to eliminate
the problems with parking and emergency vehicle access; and
d. a hitching post for horses.
7. County and Underwoods shall each have the mutual right to enforce
parking regulations, which will restrict the uses to those set forth in the previous
paragraph, and which include a prohibition against overnight parking, unauthorized or
abandoned vehicles. Nothing in this Agreement shall obligate the County to enforce any
such use restrictions.
8. Underwoods shall furnish and install all necessary signs in the parking
area, according to a Sign Plan to be approved by County.
9. County shall have the right to cause the prevention and the correction or
require correction of violations of the terms and purposes of this Easement. If the County
believes that a violation exists, it shall immediately notify the Underwoods in writing of
the nature of the alleged violation and what steps are necessary to correct the violation.
The Underwoods shall discontinue any activity which gave rise to the County's notice of
violation from the date of receipt of the notice until the matter is decided. Within not
more than ten (10) days following receipt of the written notice, Underwoods shall either
provide a written explanation to the County of the reason why the alleged violation
should be permitted or take action to correct the violation and advise the county of the
actions they will take to correct the violation. When, in the County's opinion, any
ongoing or imminent violation interferes with public use of Upper River Road, the
County, at its discretion, may immediately take appropriate legal or equitable action.
When there is a dispute about the existence of a violation after written explanation is
provided to the County by the Underwoods, the parties agree to meet as soon as possible
to resolve their differences. If a resolution of the differences cannot be achieved at the
meeting, the parties agree to meet with a mutually acceptable mediator who has
substantial conservation experience within twenty (20) days after the meeting to attempt
3
to resolve the dispute at the mediation session. If there is no resolution of the dispute by
the end of the mediation session, the County may, at its discretion, take appropriate legal
or equitable action, including court action for a temporary or permanent injunction. The
historical and ongoing parking arrangement (as specified in Paragraph 6.a, b, c, d) is in
compliance and permitted; and does not interfere with the safety of public use of Upper
River Road.
10. In any action to enforce the terms of this Agreement, the prevailing party
shall be entitled to reasonable attorneys' fees, expert witness fees and costs as a part of
any judgment rendered.
11. Nothing contained in this Easement shall be construed to either party to
take action against the other for any injury or change to the Parking Area resulting from
causes beyond their control, including, without limitation, fire, flood, storm, and earth
movement, or from any prudent action taken by either party under emergency conditions
to prevent, abate or mitigate significant injury to the Parking Area or Upper River Road
resulting from such causes.
12. Notwithstanding anything else in this Easement, the County shall have the
ability to designate a portion of the Parking Area as public access to connect to the
railroad right-of-way, such portion to be a width sufficient to accommodate a public trail
according to standards used by the Pitkin County Open Space and Trails program, and in
a location to be determined by the County. A proposed location for a twenty (20) foot
trail is shown on Exhibit C. Notice of the location to Underwoods and recordation of an
�
�+ adequate legal description of the public trail shall be the County's responsibility.
EMI
a o 13. If the Parking Easement is taken, in whole or in part, by exercise of the
" power of eminent domain, Underwoods shall be entitled to compensation in accordance
+o M PP
with applicable law.
NMI
m14. Underwoods agree to incorporate the terms of this Easement in any deed
sumo c ca or other legal interest by which they convey any interest in all or any part of the Property
nom a = benefited by this Easement. The Underwoods further agree to give written notice to the
m County of the transfer of any interest at the time of such transfer, and such notice shall
mom
m include a new notice address required under paragraph 17.
!MI co 0
en
moo15. This instrument sets forth the entire agreement of the parties with respect
m to the Easement and supersedes all prior discussions, negotiations, understandings, or
'om� agreements relating to the Easement, all of which are merged herein. Any amendment
i N must be in writing, signed by the parties.
Imo
c4 vir 16. The covenants, terms, conditions, and restrictions of the Easement shall be
binding upon, and inure to the benefit of, the parties hereto and their respective
successors and assigns and shall continue as a servitude on the property described in
Exhibit B and a benefit to the property described in paragraph B of the Recitals, running
in perpetuity with the land.
17. The notice address for the parties is as follows:
For Pitkin County: c/o County Attorney's Office
530 East Main
Aspen, CO 81611
For Underwoods: Box 250
Woody Creek, CO 81656
Copies to: Allen Adger, Esq.
Box 646
Basalt, CO 81621
IN WITNESS WHEREOF, the parties have executed this Agreement on the date written
above.
Michael Underwood
Mary Jane h
BOARD OF COUNTY COMMISSIONERS, ATTEST:
PITKIN COUNTY, COLORADO
air,4,,
a._
�/ir//:eya,pee
APPROVED AS TO FORM:
Jea (tte Jones, Deputy/Jerk
Vet John M. Ely, County Attorney Suz e Konchaij, County Manager
11d\wdyckfs\wdyck4ag.doc
1111111111111111111111111111111111111111111111111111111
424023 11/02/1998 11:12A ORDINANC DAVIS SILVI
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5
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this lb day of
5 fp i 1998, by . Shet tie Qoy E arper, nee
Aaiun Chilit of Ifie lard, a Cou+t+i Ca•,,,Ki,s1-0,►e✓5.
.0:4 Witi* s my hand and official seal.
a,.� .My coirfrission expires: rib✓ .arc, I 1 , 2 Z
i v• .-(ZV_L0��vY
''•-•,..% .113 P.: ,s`'. 1k47‘4-1:- La._ ,
Notary Public
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN
The foregoing instrument was acknowledged before me this 9th day of September,
1998, by Mary Jane Garth.
•Ja .)1`
Wittss my hand and official seal.
• l7 � L
;, `. Mycvn�ssion expires: r2�o✓JdYt,( o
v.�d�U.`'
if 3
Notary Public
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN
The foregoing instrument was acknowledged before me this 9th day of September,
1998, by Mary Jane Garth as attorney -in -fact for Michael K. Underwood..
��� ,�W,tness my hand and official seal.
te: • •. �r
v ; 7 1 g /fly, omission expires: Celoaari j (1 2001
- )1,011A4
rW3 ,,�• �e
,,, �,Notary Public
11111111111111111111111111111111111111011111111111
424023 11/02/1998 11:12A ORDINANC DAVIS SILVI
6 16 of 20 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO
EXHIBIT "A"
(County of Pitkin to the Underwoods)
A portion of an existing sixty -foot (60') wide county road easement as described in Book 156
at Page 41 in the Pitkin County Clerk and Recorder's Office, situated in a parcel of land as
described in Book 497, at Page 634 in the Pitkin County Clerk and Recorder's Office, Section 16,
Township 9 South, Range 85 West of the 6th Principal Meridian, County of Pitkin, Colorado,
being more particularly described as follows: -
Said existing county road easement being sixty feet (60') in width and extending thirty feet (30')
either side of the following described centerline:
Beginning at the southeast corner of said parcel of land described in Book 497 at Page
634, whence the North 1/4 corner of said Section 16 bears N17°13'30"W 1803.20 feet; thence
S75°08'00"W 151.95 feet to The True Point of Beginning; thence along said centerline
N15°40'25"W 206.79 feet; thence continuing along said centerline N12°44'25"W 1063.39 feet
to a point on the northerly boundary of said parcel of land described in Book 497, at Page 634,
the Point of Terminus, whence the N1/4 corner of said section 16 bears N10°26'23"W 533.84
feet, and the northeast corner of said parcel bears N90°00'00"E 47.89 feet, said easement
containing 1.750 acres, more or Tess.
I 111111 11111 111111111 111111 1111111 11111 111 111111 111 1111
424023 11/02/1998 11:12A ORDINANC DAVIS SILVI
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EXHIBIT "B"
( Underwoods to the County of Pitkin)
A parcel of land, situated within a parcel of land as described in Book 497, at Page 634 in the
Pitkin County Clerk and Recorder's Office, Section 16, Township 9 South, Range 85 West of the
6th Principal Meridian, County of Pitkin, Colorado, being more particularly described as follows:
Beginning at the northeast corner of said parcel of land described in Book 497, at Page 634, said
point also being on the westerly right-of-way line of the Denver & Rio Grande Western Railroad,
the True Point of Beginning; thence the following three (3) courses along said westerly right-of-
way line and the easterly boundary Tine of said parcel of land as described in Book 497, at Page
634; S24°02'37"E 364.51 feet; thence 226.88 feet along the arc of a curve to the right having
a radius of 1382.68 feet and a central angle of 09°24'06", and a chord which bears
S19°20'34"E 226.63 feet; thence S14°38'31"E 121.33 feet; thence leaving said westerly right-
of-way line and easterly boundary line S79°22'53"W 34.29 feet to a point on the easterly edge
of an existing county road in place; thence the following four (4) courses along said county road;
S06°37'21"E 132.22 feet; thence S05°22'52"E 224.26 feet; thence S06°22148"E 122.82 feet;
thence S11 °16'10"E 80.49 feet to a point on the southerly boundary line of said parcel of land
described in Book 497, at Page 634; thence leaving said county road, along said southerly line
S75°08'00"W 43.61 feet; thence leaving said southerly line 183.59 feet along the arc of a curve
to the right having a radius of 1595.52 feet and a central angle of 06°35'34", and a chord which
bears N08°54'58"W 183.49 feet; thence N05°37'10"W 454.70 feet; thence 270.54 feet along
the arc of a curve to the left having a radius of 850.00 feet and a central angle of 18°14'09",
and a chord which bears N14°44'15"W 269.39 feet; thence N23°51'20"W 378.44 feet to a
point on the northerly boundary line of said parcel of land described in Book 497, at Page 634;
thence along said northerly boundary line N90°00'00"E 67.61 feet to the True Point of
Beginning, said parcel of land containing 1.690 acres, more or less.
111111111110111111111111111111111111111111111111111111
424023 11/02/1998 11:12A ORDINANC DAVIS SILVI
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Rr TO NI/4
Qr SUWON is
J3?Iblf✓
r
( IV i . ,. -
S 24 02' 37'_ E
1111111 11111 IIIIII III 111111 IIIIIII 11111 III 111111 III IIII
424023 11/02/1996 11:12A ORDINANC DAVIS SILVI
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364.51'_
20' PEDESTRIAN
20' PARKING CROSSWALK
& PEDESTRIAN
REBAR & PLASTIC EASEMENT
CAP LS. 20133, \ 364.51'
SET S 24'02'371' E
100' RAILROAD RIGHT - Of -
REBAR & PLASTIC
7AP LS 20133,
ET
C10
C}7
282-75''679:
i._ i I ter;=.,r -131 _ in
" .�•
•
•
Mr 'ys a o
"i •-' i
LINE TABLE
LINE
BEARING
LENGTH
L1
S79'22'53"W
51.70
1.2
N79'22'53"E
34.29
13
N79'22'53"E ,
17.41
L4
N75'22'49"E
20.00
L5
N23'51'20"W
354.12
L6
N23'51'20"W
362.96
CURVE TABLE
CURVE
LENGTH
RADIUS
TANGENT
CHORD DIST.
BEARING
DELTA
Cl
151.45
2814.93
75.74
151.43
NI 31:16102"W
03'04'57"
C2
178.75
1565.52
89.47
178.65
508-53'26"E
06'32'31"
C3
183.59
1595.52
91.90
183.49
S08'54'581E
0635'34"
C4
270.54
850.00
136.42
269.39
N14'44115"W
1814'09"
C5
211.97
850.00
106.54
211.42
N12'45'49"W
1417'17"
C6
58.57
850.00
29.30
58.56
N21'52153"W
03-56'53"
C7
280.08
880.00
141.24
278.90
N14'44'15"W
1814109"
C8
226.88
1382.68
113.70
226.63
N19-20134"W
09'24'06"
C9
173.91
1535.52
87.05
173.81
S08'51151 "E
06'29'21"
C10
, 145.88
905.00
73.10
145.72
N 19'14'15"W
09'14'09"
C11
142.66 _
885.00
71.48
142.50
N1914115'W
0914'09"
U2J/Uifida nr.JJ ub.L,.: rn.a L oiU a-t.i .,Otav
ENGINEERS
SURVEYORS
(970) 945-1004
FAX (970) 945-5948
sGM
SCHUUESER
OOROON MEYER
118 West 6th, Suite 200
Glenwood Springs, C:) 81601
PROPOSED 20 FOOT WIDE PARKING & PEDESTRIAN EASEMENT
LEGAL DESCRIPTION
A 20 foot wide strip of land to be utilized as an easement for parking and a pedestrian
crosswalk, situated in Section 16, Township 9 South, Mange 85 West of the 6" Principal
Meridian, Pitkin County, Colorado, said scrip of land being more particularly described
as follows:
Commencing at a point on the westerly right-of-way line of the Denver & Rio Grande
Western Railroad whence the North A corner of said section 16 bears N17°13'30"W
544.56 feet; thence S90°00'00"W 29.34 feet to a point being five (5) feet easterly of and
existing county road as in place, the Point of Beginning; thence S23°51'20"E 362.96
feet along a line being parallel to the easterly edge of said existing county road as In
place; thence continuing along said parallel line 142.66 feet along the arc of a curve to
the right having a radius of 885.00 feet and a central angle of 09°14'09", arid.a chord
bearing S l9° 14' 15"E 142.50 feet; thence leaving said parallel line N75°22'49"E 20.00
feet; thence 145.88 feet along the arc of a curve to the left having a radius of 905.00 feet
and a central angle of 09° 14'09", and a chord bearing N 19° 14' 15"W 145.72 feet; thence
N23°51'20"W 354.12 feet; thence S90°00'00"W 21.87 fee to the Point of Beginning.
IIHME11111111111111111111111111111111111111111
424023 11/02/1998 11:12A ORDINANC DAVIS SILVI
20 of 20 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO
92072G
ParkEasement.doc
QUITCLAIM DEED
THIS DEED, Made this Z~'pday of Vor/coil3oie 1998, between the
Aspen Fire Protection District, a quasi municipal corporation of the County of
Pitkin and State of Colorado, grantor, and the Board of County Commissioners
of Pitkin County, whose legal address is 506 East Main Street, Aspen, Colorado
81611 of the County of Pitkin and State of Colorado, grantee,
WITNESSETH, That the grantor, for mutual consideration the receipt and
sufficiency of which is hereby acknowledged, has remised, released, sold and
QUITCLAIMED, and by these presents does remise, release, sell and
QUITCLAIM unto the grantee, its successors and assigns, forever, all the right,
title, interest, claim and demand which the grantor has in and to the real
property, together with improvements, if any, situate, lying and being in the
County of Pitkin and the State of Colorado, described as follows:
An easement for county road right of way described in
Exhibit "A" attached hereto and incorporated herein.
TO HAVE AND TO HOLD the same, together with all and singular the
appurtenances and privileges thereunto belonging or in anywise thereunto
appertaining, and all the estate, right, title, interest and claim whatsoever, of the
grantor, either in law or equity, to the only proper use, benefit and behoof of the
grantee its successors and assigns forever.
IN WITNESS WHEREOF, The grantor has executed this deed on the date set
forth above.
Accepted by County Commissioners
of Pitkin�County
By. YL 1z
Dorothea Farris, Chairperson
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
Aspen Fire Protection District
By:
Sam Staplet. , Presiden
The foregoing instrument was acknowledged before me this ,G day of
Sp�T•n+3e�e 1998 by Sam Stapleton, President of Aspen Fire Protection
District.
My commission expires .Servos, 22 2ov/ Wi ss my hand n official;s6�lij:
Notary Public J +
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this day of
f aiikrab4/1., 1998 by Dorothea Farris, Chairperson of the Board of
County Commissioners of Pitkin County.
My commission ex iresC ut1 p 400 Witn ss my hand and offici8' saafl..
f : 1 v
NotPublic
I IIIIII IIIII 111111 III hug III'I III IIIII IIII mil
424026 11/02/1SSS 11:1t3R OCD DRVIS SILVI
1 of 2 R e.00 D 0.ee N 0.00 ►ITKXN COUNTY CO
F
EXHIBIT "A"
(ASPEN FIRE PROTECTION DISTRICT TO
THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY)
A parcel of land, situated within a parcel of land as described in Book 497, at Page 634 in the
Pitkin County Clerk and Recorder's Office, Section 16, Township 9 South, Range 85 West of the
6th Principal Meridian, County of Pitkin, Colorado, being more particularly described as follows:
Beginning at the southeast corner of said parcel of land described In Book 497, at Page 634, said
point also being on the westerly right-of-way line of the Denver & Rio Grande Western Railroad;
thence S75°08'00"W 124.42 feet along the southerly boundary line of said parcel, to a point on
the easterly edge of an existing county road in place, the True Point of Beginning; thence leaving
said southerly line the following four (4) courses along said county road; N11 °16'10"W 80.49
feet; thence NO8°22'48"W 122.82 feet; thence NO5°22'52'W 224.28 feet; thence
N06°37'21"W 132.22 feet; thence leaving said county road N79°22'53"E 17.41 feet; thence
S05°37'10"E 384.70 feet; thence 173.91 feet along the arc of a curve to the left having a radius
of 1536.52 feet and a central 4ngle of 08629'21", end a chord which bears S08°51'61"E 173.81
feet to a point on the southerly boundary line of said parcel of land as described in Book 497, at
Page 834, the True Point of Beginning, said parcel of land containing 0.204 acres, more or less.
1 IIIIII 1110 IIIIII III IIIIII IIIIIII IIIII III IIIII III! IIII
42102s ZZ/02/159$ 11,30R acp DRVSs $ILVI
2 of 2 R 0.00 0 0.00 N 0.00 PZTKIN COUNTY CO