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Home My WebLink Aboutbocc.ord.047.19984079 11/02/199D 3:50P OUGINRNC DAVIS SILVI t of 14 R 0.00 0 0.00 N 0.00 PITKIN COUNTY CO AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO AUTHORIZING THE ACQUISITION OF PERMANENT ACCESS TO THE PITKIN IRON PROPERTY FROM THE ROARING FORK RAILROAD HOLDING AUTHORITY Ordinance No. 98-47 Recitals 1. Pitkin County is the owner of real property located within the County as described on Exhibit A attached hereto and incorporated by this reference. 2. There is crossing over the Roaring Fork Railroad Holding Authority ('RFRHA") property which has existed historically and was included in the list of existing crossings in connection with the acquisition of the right-of-way by RFRHA. 3. Pitkin County needs to have a legally documented access right across the right-of- way in connection with any future sale or development of the property. A Road Crossing Agreement, in a form acceptable to RFRHA with respect to other crossings, has been drafted and is attached as Exhibit B hereto and incorporated by this reference. 4. It is in the best interest of the County to enter into a Road Crossing Agreement with RFHRA for access to the Pitkin Iron property described in Exhibit A. NOW, THEREFORE, be it ordained, that the County Attorney's Office or such other County staff as may be designated by t c County Manager, shall present and negotiate a Road Crossing Agreement with the Roaring Fork Railroad Holding Authority for the property described in Exhibit A, upon terms and conditions substantially the same as contained in the draft Road Crossing Agreement attached as Exhibit B, that the Chair be authorized to sign such Road Crossing Agreement as may be acceptable to the Roaring Fork Railroad Holding Authority after approval of the form of such document by the County Attorney and County Manager, and to execute such other documents as may be necessary to finalize this transaction. INTRODUCED, FIRST READ AND SET FOR PUBLIC HEARING ON THE 20 DAY OF AUGUST, 1998. NOTICE OF PUBLIC HEARING PUBLISHED IN THE WEEKEND EDITION OF THE ASPEN TIMES ON l2th DAY OF SEPTEMBER, 1998. APPROVED UPON SECOND READING AND PUBLIC HEARING ON THE 14'a DAY OF OCTOBER, 1998. 1111111111111111111111 IIIIII 11101111111111111111111111 435803 09/23/1999 09 3R 5RDIWRIC DAVIS SILVI t of 28 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO Ordinance No. 98-47 Page 2 424079 11/02/1998 03:50P ORDINRNC DAVIS SILVI 2 of 14 R 0.00 D 0 00 N 0 00 PITKIN COUNTY CO PUBLISHED All'ER ADOPTION IN THE WEEKEND EDITION OF THE ASPEN TIMES ON THE 24TH DAY OF OCTOBER, 1998. ATTEST: Jeanet,! Jones, Deputy •Perk APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO Dorothea Farris, Chairman Date: /0 ' n-"AV Deborah Quinn, Assistant County Attorney Suzanonchan, County Manager UORDS/PitlrOrd.doc II11111fill IIIIIIIII'IIIII1111111111EIII"III IIIIIIII 435803 09/23/1999 09 23A ORDINRNC DAVIS SILVI 2 of 28 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO ID:303443547S PACE 1F. FED-IS-9e 15.48 FROM:LAW OFFICES VACANm LAND/FARM AND RANCH CONTR : TO BUY AND SELL REAL t' 6; T •A_ • • Tits (7cruaj 1. thin 1 b ='1, ,_ ?ITEI:: law ContIM::A1T1ON 5th ,My se Decembc: i v.wr+s:.iv dWa •ttin.a.l and raid.% t.4lr Ina by piny. .( Ike 'w. K IL. AM. s Calura.in EST: WC i.u= of tho!hot ..a..4w1 TILE iiJAau ore catzry CEUN1SS1p:7EIli of PITRL: CO Political Subdivision aXe.wffes IV elaauf..t uM niniwr nr4+a.,d he.'irtue .f the auto at the Wat.. of .awl twit Colorado WIDMMEl7r. ilat fly .uw lee! M tl....m Mn. f r aM N.•a.en,u..a .f tY vw .( TEN DCD.LAUS \tD 0TSEG VAI.UADLE anisIDzxuttlou: . ,4 tap 14 Ihe tdM puny at the Mut tat is 1n.14 pas Lr the fie letr .f Use w.tae pan. 110, snip. what to Irwin gomeframoi oral l waver a,.a "•414a.t lark .mdwl. f..ee.al. aW oral .aa.m4 aM by MM.. mome.l gem I.oraua .oaths. aata Mani MIT of the s.. pm. R. sae aeittp 4n.er. >W tip (.tan Miilie .r Peter{ $ .f l...I. q..$t Pumas" tetM la Ma C.aat. of P i tk in fund =1Y. .( Calmer* t. +Itt react :t tract of land being part of Lots feettuu a. 7ownshsp 9 south, Range Morsoian. Said Tract is sore fully 6, 1, 8, 10 and 14, of a5 West of the t:th Principal described as follows: Doginning at a point on the uortheasterly right-of-way line of Culora.:o Kiq!way 82. whence the northwest Cornet of said Section a bears tf. 54'11'22• W. 4601.09 feet: thence a. 14'48' L. 134.85 feet: thence a. 1'23' E. 313.64 tcct to the center line of t' - Roaring Fork River: thence S. 86'24' F.. 116.57 feet alon the line of the Roaring Fork River: thence N. 0'33' W. 466.25 feet: thence U. 10'39' t. 21.91 feet: thence R. 15'43' E. 15.92 feet: thence N. 0'17' W. 534.23 feet to the Southwesterly right-of-way line of the Denver and aio Grande Western Railroad: thence 5. 47003' E. 181.35 feet along said Southwesterly right-of-way line to the Cast line of Lot 6; thence South 301.20 feet along the Gast Lsno of Lot 4 to the aerti w,st corner of Lot 3: thence Cast 323.5: fret along the North llnc of Lot d to the Southwesterly tiiht-of-way lino Of the u.st:.u.s. Raiiroae: thence S. 47.03' E. slots! said Sottbao:terly right -Of -way lino. 734.15 feet: thence S. 42'57' t,. 80.00 feet: thence S. 47'03' L. 225.00 foot: thence R. 42•57' E. 80.00 feet to the Southwesterly right -of -ray line of tho 3.4R.D.il. Railroad right-of-way, thence S. 47.03' C. 123.45 feat along said Southwesterly right-of-way line to tha raze line of said Lot 8; thence J. J84.72 feet along the Cast line of Lot 0: thence J. 3G•20'37' W. 672.17 feet to the Center of the Roaring Fork River: thence along the center of the river as follows: 3. 28.49'07• C. 211.41 feet: thence S. 32'54'19' C. 215.20 Coat: thence S. 45'04'37° C. 116 feet: thence S. 43'29' w. 434.40 feet to the Northeasterly right -et -way line el Colorado 'Liglwoy No. 32: taente Northwesterly alone said Northeasterly highway right-of-way lino to the point of 4ugsnninq. containing 38.25 acres more or loss. Tract Range portions Of of eL6th Principal $lend 6. ridiaon n s descrribed in Deed recorded in Dock 195. Page 3Sl, ritkin County Records. descriDcG by metes and bounds as follows Doginning at the intersection of the northeasterly right -of. -way 1Lnc of the Denver and Rio Grande Western railroad (Aspen branch) Na' Slt.4 • "NA." Olinbe.4.-- M1..,.e... Ilw.aa ttvr...e.t.. rtaamot loon. a.m..war :.:. Od 6-1 J 0 N1- M O au 1 zI- zo. ►1 ..1 NNW 0It • m was • aa 01 0 m -rom • = N f9 ma N 0 CI0 ro ef7 EXHIBIT A -19-99 15.49 FROM.LAW OFFICES ID.3O34435479 PACE 17/17 aa.vaa uaysa, ratnan Cnty Clerk, Doe SAC with the South line of said Lot•1, whoseo the Southwest Corner Of said Lot 1 bears West 471.6 foots thence Last 66.0 feet along t South lice of said Lot 1 to the southwesterly lase eat roadwy: thonec along the arc of a entailto the right with a radios of - 66t.0 foot. a distance of 111.5 feet along southwesterly line of said roadway: thence R. 35.43' W. 58.3 foot along southwesterly line of said roadway: thanes along the are of a curve to them left with a radius of 720.3 feet a distant of 343.4 feet along southwesterly line of said roadway: thence U. 60.56' W. 226.2 feet along southwesterly Line of said roadway; :'ante along tho are et a curve to the right with a radius of 382.4 feet a distance of 90.0 feet along southwesterly lint of said roadway to a Mine en the northeasterly right-of-way line of said Denver and Rio Cr Wosuern Railroad (Aspen branch): rhe,,,,e S. 47.03' E. 771.0 feet along northeasterly rightaofway line of said Railroad to the point of beginning, containing 1.00 acre more or less. Tract 3 That part of Lot 9, Section 8 and that part of Lot 3. Section 9 Tip 9 S.. Range 65 W. of she 6th Principal Meridian: located Nettheasterly of the Denver and Rio Grande Western Railroad Company right-of-way and Wos0rrly and Southwesterly of the County Road. containing 1 acre. more or loss as described in Rook 195, P.,.. 346. Pitkin County Records. Also, together with all ditch and water rights. incl:di:q well rights. used upon or appurtenant to the •- bed lands•vit.4 an ai_ocation tit....72 eft. in Malt/ f65 and c12 c s. in Priority Y:6 of•thv Nathan Ditch based on atadgaee Civersion t but. without warranty as to the availability aer diversion ot�anYy specifi ts used of meter at the headgata. Y Included are all vats r w4lthelf agilneiren a gebla .e.wm.ar. uponor appurtenant to trots .. emr.wea.def. anti W n'maV swan Wwoaee bM,nat � r a all '•'a" i.j er.re:.e► rr.rrrirr W pwaarMrw n.e. (ik' aM :ache ia.r.art al all W CAS NM. Ixh. Meer. Ara a *MSS .Ara.... « eP Mad pry w Ow an }err. •i.en r la" « w'mr. saw• la aM a as eMn rotas ravaWa else Ier anrieaw.wsw a.1 airiaomer.t TO UAYP..1701106011 tat said MIMS y^ yyieS a& -. with W w S* I nit ports at W ea..d srrt ea arwglen a.a flow here .eat the era leyd W der ••A. rr IMt. a. memo sad. aq ark a+.00w4 d at. xwrptw aM awn• Y earn "4 tap rawer a a 00 /rf. Ib nm•merr me wo. .widat ea w ds .f d e w..dm or ie d.9a.s a[ ei. h 4•444 4 4 ankatr, h. se* w.. Silk la Lto pee l � ass.- gra .( L rink mem..24 i.i a It• .me .i Ada.0.q pia....• and IwrM a.Ieair m as. rrsi►..4 worn woe. IS MAIM In sae« .M h.mu sj.,at mug eat ilia s ... tn..M are us an homy a.d sew erar w •naaK fans awe t...ti eawse. W l' e"+'ra .000. Sal se rotor ono••• r except for patent reservations, easements and rights -of -way of record: Loan Agreement dated tehreaty 17. 1917 with Mountain mobil mix: existing ditch easements: taxes tor 1990 payable in 1991. to be prorated. ma the der. ti.piaed maw. in she "oat and nrr.�mai tmrrtr er.a.• ai W rid Not .r I►r eseer44n r kg a win en Si Mil every vas Waal lmrt.n+ 1 ar= 0 C ward. « .n pa Na.TKwWa pweraeM van WAaaAXTASD POaaY@ DQlCXa. n 1,17102111 meamf; Ter ea maw at U. Gee mot irH — Ma ammo Ie_ w la/ irmala _vital b Up 1utMr. et b eleme ad /a be 101.• ailba. mast lee as rr'rt•rip wdnp..d rettintaa ...tkms. i . q %.- `:fir'.. .''. .V r- • •';..• rPIQ1fIN IRON CORPORATION s _ 'sal ' t ' '': \I J t-tJ 47:4-n(... J. A. Reaves. i.. 'ofa: •; : 1-7 et Oa > V — 9.4 =N= ass Inn > 0 gz — M U 3C. REF =LL M CI GI _ et n- m N mm a � ID aNGI • — 0 It CI) N GI MOM - 112 O —rem OCT-14-Be 12.69 PROM. ROBERT M NOONE PC ID.9709466670 --PACE DRAFT{Poo Peru - APP4 -2/11 PITICIN IRON EASEMENT Railroad Milepost 393.15 Pitkin County, Colorado KNOW ALL MEN BY THESE PRESENTS, that THE ROARING FORK RAILROAD HOLDING AUTHORITY ("RFRHA"), for and in consideration of the sum of ONE DOLLAR ($1.00), and other good and valuable consideration, in hand paid by the Board of County Commissioners of Pitkin County ("the County"), receipt of which is hereby acknowledged, does hereby remise, release and QUIT CLAIM unto the County, subject to the terms and conditions set forth herein, a NON-EXCLUSIVE EASEMENT ("Easement") to accommodate the County's use, operation, maintenance and repair of certain public roadway improvements on the following described premises owned by RFRHA, to -wit: See attached Exhibit "A" hereinafter referred to as the "Property." The Easement granted herein is for the limited purpose of the use, operation, maintenance and repair of an existing public roadway known as the Pitkin Iron Crossing, which encroaches upon RFRHA's railroad corridor at Railroad Milepost 393.15 feet, more or less, located in the County of Pitkin, Colorado (the "Pitkin Iron Crossing"), and which roadway accesses and benefits property owned by Pitkin County as described in Exhibit B, attached. RESERVING, however, unto RFRHA, its successors and assigns, the right, upon no less than forty-eight (48) hours prior notice to the County, to use, operate, relocate, reconstruct and renew any facilities deemed in RFRHA's sole discretion appropriate for the use of the Property for transportation, shipping, trail and/or conservation purposes as it may at any time, and from time - to -time, desire within the Property, including the right and privilege to use the Property for any and all purposes, free of any liability whatsoever to the County. ALSO RESERVING unto RFRHA, its successors and assigns, the right, upon no less than forty-eight (48) hours prior notice to the County, to construct, place, operate, maintain, alter, repair, replace, renew, improve and remove communications and utility lines above, below and on the surface of the Property, including without limitation, transmission by conduit, pipe, fiber optics, cable, wire or other means, of electricity, voice data, video, digitized information, or other materials, information or utilities. AND FURTHER RESERVING unto RFRHA, its successors and assigns, all right and privileges as RFRHA, its successors and assigns may require to investigate and remediate any and all hazards on the Property, including, without limitation, environmental contamination. 424079 11/02/1990 03 50PORDINR DAVIS 5 of 14 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO OCT-14-99 12.66 PROM.ROBERT M NOONE PC 10.9709466670 '"'PAGE , 3/1L.. This Easement is granted subject to all existing leases, licenses, permits or other interests of any description whatsoever and by whomsoever held and as may in the future be renewed or extended by RFRHA, and is further subject to the following, express conditions: 1. The County shall be responsible for the relocation, construction, operation, repair and maintenance of the PitkinIron Crossing and shall furnish material for, and construct, repair and maintain the Pitkin Iron Crossing at the sole cost and expense of the County and, furthermore, shall at all times keep the Pitkin Iron Crossing in a good state of repair. Prior to commencing any construction on or repair of the Pitkin Iron Crossing, the County shall prepare detailed construction plans and specifications for review and approval by RFRHA. the County shall provide general supervision of all construction and repair activities to insure compliance with the applicable plans and specifications and all applicable federal, state and local laws or regulations. RFRHA shall have the right, if it so elects, at any time upon forty-eight hours prior notice to the County, to make necessary or proper repairs or to reconstruct the Pitkin Iron Crossing, notwithstanding the obligation of the County to maintain, repair and reconstruct. In the event RFRHA at any time elects to repair or reconstruct the Pitkin Iron Crossing, the County shall, within thirty days following presentation of estimates, advance such sum of money as RFRHA may deem necessary for such repair or reconstruction, or within thirty days of being billed for work already done, the County shall reimburse RFRHA for such repair or construction. The optional right of RFRHA to make repairs or reconstruct the Pitkin Iron Crossing shall be contingent upon the County's failure to commence any such repair or reconstruction within forty-eight hours after receipt of notice from RFRHA and shall in no manner or degree relieve the County from responsibility to RFRHA or to other persons or corporations for the failure of RFRHA to properly maintain or construct the Pitkin Iron Crossing Before commencing any work on the Property, the County or its Contractor shall notify: Tom Newland, Executive Director Roaring Fork Railroad Holding Authority P.O. Box 1270 Carbondale, Colorado 81623 (970) 704-9282 All notices and correspondence with RFRHA shall contain the project number and location. Conforming copies of such notices and correspondence shall be submitted to. 424079 11/02/1998 03:50P ORDINRNC DAVIS SILVI 8 of 14 R 0.00 D 0 00 N 0.00 PITKIN COUNTY CO RPRKA - Pitkin Iron Sanamant Minim 0i �1.,» N MIMa3 _a0 _—c z M S�z1- zd M yam _01N _m • OCT-14-9e 12.67 FROM.ROBERT M NOONE PC ID.9709466670 Robert M. Noone, Esq. Robert M. Noone, P.C. P. O. Drawer 39 Glenwood Springs, Colorado 81602 Said notice shall be given in writing at least ten (10) days in advance of the date on which the County or its Contractor expects to begin such work. Notice shall also be given within ten (10) days following completion and acceptance of such work. 2. Grantee acknowledges that the Property is encumbered by a Deed of Conservation Easement and Deed of Trail Easement for the benefit of the Aspen Valley Land Trust and Pitkin County, through its Open Space and Trails Board (hereinafter "Conservation/Trail Easement"). Grantee agrees not to undertake any paving activity within the right-of-way not authorized herein without first obtaining the written approval of the grantees of the Conservation/Trail Basement. The notice address for the grantees is: Aspen Valley Land Trust Post Office Box 940 Aspen, Colorado 81612 Attn: President 424079 11/02/1998 03:50P ORDINRNC DAVIS SILVI 7 of 14 R 0.00 D 0 00 N 0 00 PITKIN COUNTY CO Pitkin County Open Space and Trails Board 520 East Main Street Aspen, CO 81611 Attn: Chainnan 3. A. Fiber optic cable systems may be buried on the Property. The County, at least five (5) days prior to performing any digging activities on the Property, shall telephone 1-800-AT-FIBER (a 24-hour number) to receive a Qwest Communications Corporation control number. the County will be advised if there is a telecommunications system buried anywhere on or about the Property in the location where City will perform such digging activities. If there is, the County will be advised as to the telecommunications company(ies) involved, provided instructions to arrange for a cable locator, and will be advised whether arrangements for relocation or other protection of the fiber optic cable is required prior to beginning any work on the Property. Any such relocation or protection shall be at the County's expense. B. In addition to the liability terms elsewhere in this . agreement, the County shall, to the extent permitted by law, indemnify and hold RFRHA harmless against ant; v nm all cost, liability, and expense whatsoever (including, without limitation, attorney's fees and court costs and expenses) -3- EMU - P4tktn Iran Easement NMI iu _.J+a Mimi yri- te a� 0Z .. tea« zo- maor9 la 0 CC 49 N= amen OCT-14-99 12.67 FROM.ROBERT M NOONE PC 1D19709466670 PAGE gall arising out of or in any way contributed to by any act or omission of the County, its contractor, agents and/or employees, that causes or in any way or degree contributes to (1) any damage to or destruction of any telecommunications system by the County, and/or its contractor, agents and/or employees, on the Property, (2) any injury to or death of any person employed by or on behalf of any telecommunications company and/or its contractor, agents and/or employees, on RFRHA's property, and/or (3) any claim or cause of action for alleged loss of profits or revenue by, or loss of service by a customer or use of, such telecommunication company(ies). 4. It is understood that the Pitkin Iron Crossing shall not interfere with RFRHA's use of the Property for transportation, shipping, trail, and/or conservation purposes and that no disturbance or interference of said any such uses shall be allowed hereunder without the prior written approval of RFRHA. This Pitkin Iron Crossing shall not be deemed to give the County exclusive possession of any part of the premises described, and nothing shall be done or suffered to be done by the County at any time that shall in any manner impair the usefulness or safety of the Property or of any track or other improvement on the Property or to he constructed thereon by RFRHA in the future. 5. If at any time after the installation of the Pitkin Iron Crossing, RFRHA or any local, state or federal law, or any local, state or federal office or regulatory board or commission having jurisdiction shall require any relocations, alterations, changes, additional safeguards, protection, signals or warnings ("Improvements") of the Pitkin Iron Crossing, the same shall be constructed, maintained and operated at the sole expense of the County. 6. Pitkin County shall be responsible for the costs of construction of Improvements, and the maintenance thereof, on the Pitkin Iron Crossing as are necessary to separate the uses of the Property by RFRHA and Pitkin Iron and to prevent any substantial interference with or impact upon RFRHA's use of the Property that might otherwise result from the use of the Pitkin Iron Crossing by Pitkin County. Such financial obligation shall be secured by a deed restriction and lien against the Pitkin Iron property, enforceable by RFRHA. 7. Upon the determination of the type of Improvements to be required at the Pitkin Iron Crossing or at any other portion of the Property to protect safety of the users and to prevent any substantial interference with RFRHA's utilization of the Property, and also prior to filing any approval or final plat for any development proposed to use the Pitkin Iron Crossing or any other portion of the Property, the County or its surr.Acsors shall provide RFRHA an irrevocable (except as provided herein) letter of credit, drawn on a bank acceptable to RFRHA, or other security acceptable to RFRHA, to guarantee RFRHA the full estimated costs of constr.,27m of the required improvements to the crossing licenses, which security shall be increased on an annual basis to account for moui + o 1.1 N Z �> 0 as .. �z1- z61 yam =MINZ CDi• fl eD CO1io palm 111 el • m BNB —01 0 —03 Pl N co cci fa. o am MBA - Plcktn iron Easement 424079 11/02/1998 03:50P ORDINANC DAVIS SILVI 8 of 14 R 0.00 D 0 00 N 0.00 PITKIN COUNTY CO OCT-14-Se 12167 FROM.ROBBRT M NOONE PC inflation, in proportion to any annual increase in the CPI-U All Urban Consumers U.S. National Average Price Index. In the event a letter of credit is provided, the County or its successors agree to reissue such letter of credit every five years and to keep such letter of credit or other security in continuous and full force and effect. 8. In the event RFRHA shall give 30 days' advance notice to the County, the County shall promptly commence construction of the required Improvements. In the event the County fails to undertake such construction within 30 days of the receipt of such notice, RFRHA may draw on the letter of credit or other security and may proceed to make such Improvements and, for such purpose, shall have a right to a temporary easement and license to use such land of the County as is reasonably necessary to access and install the required Improvements. In the event of the inadequacy of the security to pay the entire direct and indirect costs of completing such Improvements, RFRHA shall have the right to collect the deficiency of such costs from the County or its successors or from the then owners of the property benetitted by the Pitkin Iron Crossing pursuant to the deed restriction and lien. 9. The. County shall not enter upon the Property for the purpose of constructing, reconstructing or repairing the Pitkin Iron Crossing, without first obtaining special written license or permit from RFRHA, which license or • approval shall not be unreasonably denied, and providing proof of insurance as required therein, except in cases of emergency when work is necessary to avert personal injury or death or loss or damage to property. All work of construction, maintenance, operation or reconstruction of the Pitkin Iron Crossing shall be done by the County in such manner as to cause no interference with the uninterrupted use, operation, maintenance, operation of the Property and rail corridor by RFRHA, without first obtaining special written approval from RFRHA as provided herein. 10. Any and all cuts and fills, excavations or embanlanents necessary in the maintenance or future alteration of the Pitkin Iron Crossing shall be made and maintained in such manner, fonn and extent as will provide adequate drainage of and from all adjoining lands; and wherever any such fill or embankment shall or may obstruct the natural and pre-existing drainage from such lands, the County shall construct and maintain such culverts or drains as may be required to preserve such natural and pre-existing drainage, and shall also wherever necessary, construct extensions of existing drains, culverts or ditches through or along the premises of RFRHA, such extensions to be of adequate sectional dimensions to preserve the present flowage of drainage or other waters, and of materials and workmanship equally as good as those now existing. 11. T e County shall bear the cost of removal, relocation or reconstruction runny and all fences, telephone or telegraph poles or other -5. RFRHA - Pi Gain Aron iassmene 424079 11/02/1998 03:SOP ORDINANC�DAVIS SILVI 9 of 14 R 0.00 D 0 00 N 0.00 PITKIN COUNTY CO OCT-14-99 12.69 PROM'ROBERT M NOONE PC tD.9709466670 facilities including signals and warning lights and all related wiring and conduit made necessary at any time by the use, operation, maintenance or repair of the Pitkin Iron Crossing. 12. The County or its Contractor shall contact RFRHA by phone prior to any excavation on the Property to determine if fiber optic or other cable is buried anywhere on the. Property, and if so, the County or its Contractor will contact the company involved and make arrangements with the company for protection of the fiber optic or other cable prior to beginning any work on the property. the County or its Contractor shall also notify RFRHA at P.O. Box 1270, Carbondale, Colorado, 81623 (970-704-9282), a minimum of two (2) days prior to the County or its Contractor entering upon the Property. 13. For the further protection of RFRHA, and prior to commencing any work pursuant to this Pitkin Iron Crossing, the County agrees that it shall require any Contractor retained by the County to perform any work on the Property or adjoining land to procure and maintain at the Contractor's own expense, with a company reasonably acceptable to RFRHA, Comprehensive General Liability Insurance (including automobile) to be maintained during the period of any construction activities and providing for: A. A limit of not less than S2,000,000.00 for all damages • arising out of bodily injuries to or death of one (1) person and subject to that limit for each person; B. A total limit of S2,000,000.00 for all damages arising out of bodily injuries to or death of two (2) or more persons in any one occurrence; C. Regular Contractor's Property Damage Liability Insurance providing for a limit of not less than $2,000,000.00 for all damages arising out of injury to or destruction of property in any one occurrence and subject to that limit per occurrence; and D. A total (or aggregate) limit of $4,000,000.00 for all damages arising out of injury to or destruction of property during the policy period. Such insurance policy shall contain no exclusions the effect of which are to exclude or defeat assumed contractual liability and/or indemnity; and said policy shall specifically reference this Pitkin Iron Crossing and its indemnity provisions and shall insure the liability assumed in Paragraph 10, below. Furthermore, SF.' ?. insurance policy shall name RFRHA as an additional insured; -6- Yl= 10 3 1.4 Paz �0w _U H -ad oifl CC P acn Nm ainIS! _00 Imo °lco Mm - N� �co � 0N CO Ocs- no 0 fel m RFRHA - Pitkin Iron Saaamcnt 424079 11/02/1998 03:50P ORDINRNC�DAVIS �SILVII 10 of 14 R 0.00 D 0 00 N 0.00 PITKIN COUNTY CO OCT-14-99 12.6e PROM.ROBBRT M NOONE PC ID.9709466670 "�".PAGE8/11 however, there shall be no exclusion the effect of which is to exclude any personal injury or death or damage to property sustained by any directors, officers, agents, attorneys or employees of RFRHA_ Any exclusion for working on or near a railroad must be deleted from the policy. the County shall furnish RFRHA with certificates of insurance evidencing such insurance to be in full force and effect and that same will not be canceled without at least thirty (30) days advance written notice by the insurance carrier to RFRHA. 14. This Pitkin Iron Crossing is subject to all existing interests of any nature whatsoever in, on, under, over and through the Property, to whomsoever belonging and as may in the fume he extended or renewed by RFRHA. No permanent building, structure, fences or footings shall be erected or maintained by the County on or over the Property, and no material or obstruction of any kind or character shall be stored or maintained on said Property which would obstructor interfere with RFRHA's operations, without die prior written consent of RFRHA 15. the County shall, to the extent allowed by law, at all times protect, indemnify and save harmless RFRHA from any and all claims, demands, judgments, costs, expenses, and all damage of every kind and • nature made, rendered or incurred by or on behalf of any person or corporation whatsoever, in any manner due to or arising out of any injury to or death of any person, or damage to property of any person or persons whomever, including the parties hereto and their officers, agents, attorneys and employees, in any manner arising from or growing out of failure to properly construct, operate or maintain Pitkin Iron Crossing constructed pursuant to this Pitkin Iron Crossing, and from all costs and expenses, including attorneys' fees connected in anywise with the matters and things contained in this agreement. Neither the right of supervision by RFRHA of the Location, installation, operation and the maintenance of said Pitkin Iron Crossing or any other work, nor the exercise or failure to exercise said right, nor the approval or failure to disapprove, by RFRHA of the location, installation, operation and maintenance of the Pitkin Iron Crossing or other work shall be deemed a waiver of the obligation contained in this paragraph or a release therefrom, or from any other obligation of this agreement that is hereinbefore or hereinafter expressed or implied. Nothing contained herein shall be construed to constitute an indemnity by the County of RFRHA for any negligence of RFRHA, nor shall it be construed to relieve RFRHA of any liability for its negligence. 16. If the County shall fail to locate, construct, operate, zaintain, relocate, or remove any part of the Pitkin Iron Cal -,: ;ng or other work in accordance with the terms of this Pitkin Iron Crossing, or shall fail IMO 1-1 Z >`�' �gz 0 1— m1•Zw Io MOM �g ea gz N m — m m c m iiii= I e m CO m� N N CO 0 -v: APRHA - Pi Skin Iron Ranamcnt 424079 11/02/1998 03:90P ORDINRNC�DAVIS �SILVI� 11 of 14 R 0.00 D 0 00 N 0.00 PITKIN COUNTY CO OCS-14-98 12.69 PROM.ROBERT M MOONS PC ID.9709466670 PAGE to pay to RFRHA any sum of money for the construction or maintenance of the Pitkin Iron Crossing as required in this Pitkin Iron Crossing, or shall fail to adjust the Pitkin Iron Crossing to any changes made by RFRHA, or shall fail to cause the procurement of insurance as required herein, or shall in any respect fail to keep and perform any of the conditions. stipulations, covenants and provisions of this Pitkin Iron Crossing to be kept and performed by the County, RFRHA shall be entitled to such damage or remedy as may be available at law or in equity (including an action to require specific performance). 17. RFRHA does not warrant its title to the Property nor undertake to defend the County in the peaceable possession, use or enjoyment thereof, and the grant herein made issubject to all outstanding rights or interests of others and as they may be extended or renewed. 18. If at any time the use of the Pitkin Iron Crossing should be discontinued by the County for a continuous period of one year, this Pitkin Iron Crossing shall thereupon cease and the County shall surrender or cause to be surrendered to RFRHA, or its successors or assigns, the peaceable possession of the Property, and title to the Property shall remain in RFRHA, or its successors or assigns, free and clear of all rights and claims of the County or of the public for use of the Pitkin Iron Crossing. • 19. Any notice required or permitted to be given hereunder must be in writing and will be deemed given upon personal delivery or upon the deposit thereof in the United States mails, by registered or certified mail, postage prepaid, addressed to the appropriate party at the following addresses: If to RFRHA: Roaring Fork Railroad Holding Authority c/o Tom Newland, Executive Director P.O. Box 1270 Carbondale, Colorado 81623 With a copy to: If to the County: Robert M. Noone, P.C. P.O. Box 39 Glenwood Springs, CO 81602 Either party may change such parry's addret.. for notices by giving notice to the other party in accordance with this paragraph, but no -8- M (.i N f MEM in 0 s> CE p .r �0r w �Nm mom mom Paz BNB CD • m en m CDn CD 67 �Mm _67N N mew Saoa /+lN RPRItA - Pitkin Iran Easement 424079 11/02/1998 03:50P ORDINRNC DAVIS SILVI 12 of 14 R 0.00 D 0 00 N 0.00 PITKIN COUNTY CO OCT-14-99 12.69 FROM.ROBERT M NOONE PC ID.9709456670 !..PACE % such change will be effective as against any person without actual knowledge thereof. THE COVENANTS, stipulations and conditions of this Pitkin Iron Crossing shall extend to and be binding upon the parties hereto, their successors and assigns. In addition, this Pitkin Iron Crossing shall nun with and be binding upon the Property as a burden to the Property described in Exhibit A and a benefit to the Property described in Exhibit B. SIGNED as of this the RPRRA - P1 Wan zron sasemenc day of , 1998. ROARING FORK RAILROAD HOLDING AUTHORITY By: George Roussos Chairman of the Board of Directors BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY By: 1111111111111111111111111111111111111 III III III 1111 435803 09/23/1999 09 23A ORDINRNC DAVIS SILVI 13 of 28 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO 1 1UU111 ••m uu., ,u n,.,, .. _- -- _g 424079/02/1998 0.00 D 03 00N 0.00 PITKIN COUNTY SILVIIS COUNTYCO OCT-14-99 12.69 FROM.ROBERT M NOONE PC 1D.9709466670 PACE ,g 41/11.. STATE OF COLORADO ) ) ss. COUNTY OF ) THE FOREGOING PITKIN IRON EASEMENT WAS SUBSCRIBED AND SWORN TO before me the undersigned authority on this the - day of 1998, by George Roussos, Chairman of the Board of Directors of the Roaring Fork Railroad Holding Authority. WITNESS MY HAND AND SEAL. Address of Notary: STATE OF COLORADO COUNTY OF ) ss. Notary Public [SEAL] My Commission Expires: • THE FOREGOING PITKIN IRON EASEMENT WAS SUBSCRIBED AND SWORN TO before me the undersigned authority on this the day of , 1998, by , of the Board of County Commissioners of Pitkin County. WITNESS MY HAND AND SEAL. Notary Public [SEAL] My Commission Expires: Address of Notary: 111101111111101111111101111011111111111111101111 435803 09/23/1999 09 23A ORDINRNC DAVIS SILVI 14 of 28 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO 424079 11/02/1098 03:50P ORDINRNC DAVIS SILVI 14 of 14 R 0.00 D 0 00 N 0.00 PITKIN COUNTY CO -10- RARID1 - Pickln Iron Easement C ; 98- / 3 2_ PTTKIN IRON EASEMENT Railroad Milepost 393.15 Pltkin County, Colorado KNOW ALL MEN BY THESE PRESENTS. that TILE ROARING FORK RAILROAD HOLDING AUTHORITY ("RFRIi4' ), for and in consideration of the sum of ONE DOLLAR ($1.00), and other good and valuable consideration, in hand paid by the Board of County Commi esioners of Pitkin County ("County"), receipt of which is hereby acknowledged, does hereby remise. release and QLTT CLAM unto the County, subject to the terms and conditions set forth herein, a NON-EXCLUSIVE EASEMENT ('Basement') to accommodate the County's use, operation, maintenance and repair of certain public roadway improvements on the following described premises owned by RFRHA, and more particularly described in that certain Bargain and Sale Deed recorded in the real property records of the Garfield County Recorder's Office at Book 1024, Page 600: in the real property records of the Eagle County Clerk and Recorder's Office at Book 731, Page 636; and in the real property records of the Pitkin County Clerk and Recorder's Office at Reception No. 405937, hereinafter referred to as the "Property." The Easement granted herein is for the limited purpose of the use, operation, maintenance and repair of an existing public roadway known as the Pitkin Iron Crossing, which encroaches upon RFRHA's railroad corridor at Railroad Milepost 393.15 feet. more or less, located in the County of Pitkin, Colorado (the "Pltkin Iron Crossing"), and which roadway accesses and benefits property owned by Pitkin County as described in Exhibit A, attached. RESERVING, however, unto RFRHA, its successors and assigns, the right, upon no less than forty- eight (48) hours prior notice to the County, to use, operate, relocate, reconstruct and renew any facilities deemed in RFRHA's sole discretion appropriate for the use of the Property for transportation, shipping, trail and/or conservation purposes as it may at any time, and from time -to - time. desire within the Property, including the right and privilege to use the Property for any and all purposes, free of any liability whatsoever to the County. ALSO RESERVING unto RFRHA, its successors and assigns, the right. upon no less than forty- eight (48) hours prior notice to the County. to construct, place, operate, maintain, alter, repair. replace, renew, improve and remove communications and utility lines above, below and on the surface of the Property, including without limitation, transmission by conduit, pipe. fiber optics, cable, wire or other means, of electricity. voice data. video, digitized information, or other materials, information or utilities. AND FURTHER RESERVING unto RFRHA, its successors and assigns, all right and privileges as RFRHA, its successors and assigns may require to investigate and remediatc any and all hazards on the Property, including, without limitation, environmental contamination. 424002 11/17/1995 10:08A EASEMENT DAVIS SILVI 1 of 14 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO tiz amid WL999bS0L9'OI Dd 3NOON W lrr3BOa'WOa3 90'Z1 BB -CO -ACM IIIIII IIIII IIIIII 1111 lilt 111111 IIIII III IIIIII III I'll 435803 09/23/1999 09 23A ORDINRNC DAVIS SILVI 15 of 28 R 0.00 D 0.00 N 0 00 PITKIN COUNTY CO This Easement is granted subject to all existing leases, licenses, permits or other interests of any description whatsoever and by whomsoever held and as may, in the future be renewed or extended by RFRHA, and is further subject to the fcllowing express conditions: 1. The County shall be responsible for the operation. construction, repair and maintenance of the Pitkin Iron Crossing and shall famish material for. and operate, construct, repair and maintain the Pitkin Iron Crossing at the sole cost and expense of the County and, furthermore, shall at all times keep the Pitkin Iron Crossing in a good state of repair. ?nor tocommencing any construction onorrepair of the Pitkin Iron Crossing, the County shall prepare detailed construction plans and specifications forreviewand approval by RFRHA. The County shall provide general supervision of all construction and repair activities to insure compliance with the applicable plans and specifications and all applicable federal, state and local laws or regulations. RFRHA shall have the rieht, if it so elects, at any time upon forty-eight hours pri or notice to the County, to make necessary or proper repairs or to reconstruct the Pitkin Iron Crossing, notwithstanding the obligation of the County to maintain, repair and reconstruct In the event RFRHA at any time elects to repair or reconstruct the Pitkin Iron Crossing, the County shall, within thirty days following presentation of estimates, advance such sum of money as RFRHA may deem necessary for such repair or reconstruction, or within thirty days of being billed for work already done, the County shall reimburse RFRHA for such repair or construction. The optional right of RFRHA to make repairs or reconstruct the Pitkin Iron Crossing shall be contingent upon the County's failure to commence any such repair or reconstruction within forty-eight hours after receipt of notice from RFRHA and shall in no manner or degree relieve the County from responsibility to RFRHA or to other persons or corporations for the failure of RFRHA to properly maintain or construct the Pitkin Iron Crossing Before commencing any work on the Property. the County or its Contractor shall notify: Tom Newland, Executive Director Roaring Fork Railroad Holding Authority P.O. Box 1270 Carbondale. Colorado 81623 (970) 704-9282 Ali notices and correspondence with RFRHA shall contain the project number and location. Conforming copies of such notices and correspondence shall be submitted to: 424552 11/17/1000 10:00A EASEMENT DAVIS SILVI 2 of 14 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO alaiA - Pltktn Trail &seen[ /E aowa 0L999bB0LB'OI Od HNOON N tNaaoa•Noad 90,et BB-CO-AON 111111111111111111 1111111111 111111 11111 III 1111111111111 435803 09/23/1999 09 23A ORDINRNC DAVIS SILVI 16 of 28 R 0.00 D 0.00 N 0 00 PITKIN COUNTY CO 424852 11/17/1990 10 eeq EASE m 11111 IIII 1111 3 of 14 R 0.00 D 0.00 N 0.00 PEI KINRVIS COUNTYLVI CO Robert M. Noonc, Esq. Robert M. Noone,P.C. P. 0. Drawer 39 . Glenwood Springs, Colorado 81602 Said notice shall be given in writing at least ten (10) days in advance of the date on which the County or its Contractor expects to begin such work. Noticc shall also be given within ten (10) days following completion and acceptance of such work. 2. The County acknowledges that the Property is encumbered by a Deed of Conservation Easement and Deed of Trail Easement for the benefit of the Aspen Valley Land Trust and Pitkin County, through its Open Space and Trails Board (hereinafter "Conservation?rail Easement"). The County agrees not to undertake any paving activity within the right-ofway not authorized herein without first obtaining the written approval of the grantees of the Conservation/Trail Easement. The notice address for the grantees is: Aspen Valley Land Trust Post Office Box 940 Aspen, Colorado 81612 Attn: President Pitkin County Open Space and Trails Board 530 East Main Street Aspen, CO 81611 Attn: Chair 3. A. Fiber optic cable systems may be buried on the Property. The County, at least five (5) days prior to performing any digging activities on the Property, shall telephone 1.800•AT•FIBER (a 24-hour number) to receive a Qwest Communications Corporation control number. The County will be advised if there is a telecommunications system buried anywhere on or about the Property in the location where the County will perform such digging activities. If there is, the County will be advised as to the telecommunications company(ics) involved, provided instructions to arrange for a cable locator. and will be advised whether arrangements for relocation or other protection of the fiber optic cable is required prior to beginning any work on the Property. Any such relocation or protection shall be at the County's expense. B. In addition to the liability terms elsewhere in this agreement. the County shall, to the extent permitted by law, indemnify and hold UREA harmless against and from all cost. liability, and expense whatsoever (including, without limitation, attorney's fees and court costs and expenses) arising out of or in REIM - ➢i skin Iron wont an_ /b 3nwd OLSSSbBOLB'OI Od 3NOON W SN3BOa'WOad BO'ZI BB-CO-AON 111101 IIIII "III' IIII 11011 10101111111 III "I'll'll 1111 435803 09/23/1999 09 23A ORDINANC DAVIS SILVI 17 of 28 R 0.00 D 0.00 N 0 00 PITKIN COUNTY CO any way contributed to by any act or omission of the County, its contractor. agents andior employees, that causes or in any way or degree contributes to (1) any damage to or destruction of any telecommunications system by the County, and/or its contractors, agents and/or employees, on the Property, (2) any injury to or death of any person employed by or on behalf of any telecommunications company and/or its contractors, agents and/or employees, on the Property, and/or (3) any claim or cause of action for alleged loss of profits or revenue by, or loss of service by a customer or use of. such telecommunication company(ies). 4. It is understood that the Pitkin Iron Crossing shall not interfere with RFRHA's use of the Property for transportation, shipping, trail, and/or conservation purposes and that no disturbance or interference of said any such uses shall be allowed hereunder without the prior written approval of RPRHA. This Pitkin Iron Crossing shall not be deemed to give the County exclusive possession of any part of the premises described, and nothing shall be done or suffered to be done by the County at any time that shall in any manner impair the usefulness or safety of the Property or of any track or other improvement on the Property or to be constructed thereon by RFRHA in the future. 5. If RFRHA or any local, state or federal office or regulatory board or commission having jurisdiction shall at any time require any relocation, alterations, changes, additional safeguards, protection. signals or warnings of the Pitkin Iron Crossing. the same shall be constructed, maintained and operated at the sole expense of the County. .. to 6. If any person or entity ("Proponent") submits to Pitkin County any 3" land use proposal that would require any use of the Pitkin Iron Crossing, Pitkin w County shall immediately forward any such proposal to RFRHA for its review and a e w proposal, and with the approval of the Aspen Valley Land Trust and the Pitkin comment. Upon RFRHA's request. and prior to taking any formal action on the County Open Space and Trails Board, Pitkin County shall require as a condition of any approval of the proposal that the Pitldn Iron Crossing be abandoned and that an V. alternate access be provided along a new eighteen -foot -wide road easement to be 12 granted by RFRHA within the RFRHA right of way and upon such land owned by 8 z the County described on Exhibit A, as may be necessary, to be dedicated to the public lea to accommodate a continuous eighteen -foot -wide road easement parallel to the rail corridor depicted on Exhibit B ("Alternate Access"). m to 7. Pitkin County shall require as a condition of approval that the Proponent of the land use proposal be responsible for the costs of construction of the ea Alternate Access, and the maintenance thereof. as may be necessary to protect the "4: uses of the Propel ry by RFRHA and to prevent any substantial interference with or ` impact upon RFRHA's use of the Property that might otherwise result from the use N of the Alternate Access. v� RFI,NA - Pitkin rror, aasenen. ./S 3OVd 02.993bsete-01 Od 3NOON W 1a39o3'WOad 90'al 09-CO-AON I IIIIII IIIII IIIIII IIII IIIIII IIIII111111 III 111111 III 1111 435803 09/23/1999 09 23A ORDINANC DAVIS SILVI 18 of 28 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO 8: Upon the determination of the type and approximate cost of construction of' improvements to be required at the Pitkin Iron Crossing or construction of the Alternate Access to protect safety of the users and to prevent any substantial interference with RFRHA's utilization of the Property, and also prior to filing any approval or final plat for any development proposed to use the Pitkin Iron Crossing or the Alternate Access, the County shall require the Proponent of the land use proposal to provide RFRHA an irrevocable letter of credit, drawn on a bank acceptable to RFRHA, or other security acceptable to RFRHA„ to guarantee RFRHA the full estimated costs of construction of the required improvements and/or the Alternate Access, which security shall be increased on an armual basis to account for inflation. in proportion to any annual increase in the CPI-U All Urban Consumers U.S. National Average Price Index. In the event a letter of credit is provided, the County shall require the Proponent to agree to reissue such letter of credit every five years and to keep such letter of credit or other security in continuous and full force and effect until construction of any improvements and Alternate Access is finally approved by the County. 9. In the event the Proponent fails to undertake such constriction of improvements and/or the Alternate Access, RFRHA may draw on the letter of credit or other security and may proceed to make such irnprovements and/or construct the Alternate Access and, for such purpose, shall have a right to en easement to use such land of the County or the Proponent as is reasonably necessary to access, construct and maintain the required improvements or Alternate Access. 10. The County shall not enter upon. the Property for the pupose of constructing. reconstructing or repairing the Pitkin Iron Crossing or the Alternate 8 Access without first obtaining special written license or permit from RPRHA, which aa F license or approval shall not be unreasonably denied, and providing proof of rr§ insurance as required therein, except in cases of emergency when work is necessary 0 0 to avert personal injury or death or loss or damage to property. All work of construction, maintenance, operation or reconstruction of the Pitkin Iron Crossing or the Alternate Access shall be done by the County in such manner as to cause no interference with the uninterrupted use, operation, maintenance, operation of the w $ Property andrail corridor by RFRHA, without first obtaining special vviitten approval a m from RFRHA as provided herein. a z m 11. Any and all cuts and fills, excavations or embankments necessary in 10 m the maintenance or future alteration of the Pitkin Iron Crossing or the Alternate om Access shall be made and maintained in such manner, form and extent as wilt ea provide adequate drainage of and from all adjoining lands: and wherever any such ell ▪ m fill or embankment shall or may obstruct the natural and pre-existing drainage from el el ▪ we such lands, the County shall construct and tnaintain such culverts or drains as may in `e be required to preserve such natural and pre-existing drainage, and shall also N ▪ o wherever necessary, construct extensions of existing drains, culverts or ditches se through or along the premises ofRFRNA, such extensions to be of adequate sectional RFRHA - Pitkin .ion aamement [/9 ROW.' OL999bS0L6.Or Dd SNOOK 14 r839oa•14oa3 total 9B-CO-AON IIIIII IIIII 111111 IIII 111111 IIIIII IIIII III HMI III IIII 435803 09/23/1999 09 23A ORDINRNC DAVIS SILVI 19 of 28 R 0 00 D 0.00 N 0.00 PITKIN COUNTY CO dimensions to preserve the present flowage of drainage or other waters. and of materials and workmanship equally as good as those now existing. 12. The County shall bearthecestofremoval. relocation orreconstruction of any and all fences, telephone or telegraph poles or other facilities including signals and warning lights and all related wiring and conduit made necessary at any time by the use, operation, maintenance or repair of the Pitkin Iron Crossing or the Alternate Acccss. 13. The County or its Contractor shall contact RFRHA by phone prior to any excavation on the Property to determine if fiber optic or other cable is buried anywhere on the P,ope,ry, and if so, the County or its Contractor will contact the company involved and make arrangements with the company for protection of the fiber optic or other cable prior to beginning any work on the property. the County or its Contractor shall also notify RFRHA at P.O. Box 1270, Carbondale. Colorado, 81623 (970-704-9282). a minimum of two (2) days prior to the County or its Contractor entering upon the Property. 14. For the further protection of RFRHA, and prior to commencing any work pursuant to this agreement, the County agrees that it shall require any Contractor retained by the County to perform any work on the Property or adjoining land to procure and maintain at the Contractor's own expense, with a company reasonably acceptable to RFRHA. Comprehensive General Liability Insurance (including automobile) to be maintained during the period of any construction activities and providing for: A. A limit of not less than 82,000,000.00 for all damages arising out of bodily injuries to or death of one (1) person and subject to that limit for each person; B. A total limit of 82,000,000.00 for all damages arising out of bodily injuries to or death of two (2) or more persons in any one occurrence; C. Regular Contractors Property Damage Liability Insurance providing for a limit of not less than $2,000,000.00 for all damages arising out of injury to or destruction of property in any one occurrence and subject to that limit per occurrence: and D. A total (or aggregate) limit of $4,000,000.00 for all damages arising out of injury to or destruction of property during the policy period. RPPM.% - P;tkin tron armament L/t 30Vd OG599bB066'Ot Od SWOON W J. 3BON'WOad L0,31 BB-CO-AON 1111111111111 111111111111111 1111III 1111111 111111 435803 09/23/1999 09 23A ORDINANC DAVIS SILVI 20 of 28 R 0.00 D 0.00 N 0 00 PITKIN COUNTY CO Such insurance policy shall contain no exclusions the effect of which are to exclude or defeat assumed contractual liability, and/or indemnity; and said policy shall specifically reference this Pitkin Iron Crossing and its indemnity provisions and shall insure the liability assumed in Paragraph 10, below. Furthermore, said insurance policy shall name RFRHA as an additional insured; however. there shall be no exclusion the effect of which is to exclude any personal injury or death or damage to property sustained by any directors, officers, agents, attorneys or employees of RPRHA. Any exclusion for working on or near a railroad must be deleted from the policy. the Counry shall furnish RFRHA' with certificates of insurance evidencing such insurance to be in full force and effect and that same will not be canceled without at least thirty (30) days advance written notice by the insurance carrier to RFRHA. 15. This Pitkin Iron Crossing issubject to allexisting interests of any nature whatsoever in, on, under, over and through the Property. to whomsoever belonging and as may in the future be extended or renewed by RFRHA. No permanent building, structure, fences or footings shall be erected or maintained by the County on or over the Property, and no material or obstruction of any kind or character shall be stored or maintained on said Property which would obstruct or interfere with RFRHA's operations. without the prior written consent of RFRHA 16. The County shall, to the extent allowed by law, at all times protect, indemnify and save harmless RFRHA from any and all claims, demands, judgments, costs, expenses, and all damage of every kind and nature made, rendered or incurred by or on behalf of any person or corporation whatsoever, in any manner due to or arising out of any injury to or death of any person, or damage to property of any person or persons whomever, including the parties hereto and their officers, agents, attorneys and employees, in ary manner arising from or growing out of failure to properly construct, operate or maintain Pitkin Iron Crossing constructed pursuant to this Pitkin Iron Crossing, and from all costs and expenses. including attorneys' fees connected in anywise with the matters and things contained in this agreement. Neither the right of supervision by RFRHA of the location, installation, operation and the maintenance of said Pitkin Iron Crossing or any other work, nor the exercise or failure to exercise said right knife - Pitkin Iron "'moment /B aOMd 04SOB60046.0I Od 3NOON N 12130oa•NOad BOLZI BB-CO-AON 111111 11111 111111 1111 111111 111111 11111 III 1111111 II 1111 435803 09/23/1999 09 23A ORDINANC DAVIS SILVI 21 of 28 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO nor the approval or failure to disapprove, by RFRHA of the location. installation, operation and maintenance of the Pitkin Iron Crossing or other work shall be deemed a waiver of the obligation contained in this paragraph or a release therefrom. or from any other obligation of this agreement that is hereinbefore or hereinafter expressed or implied. Nothing contained herein shall be construed to constitute an indemnity by the County of RFRHA for any negligence of RFRHA, nor shall it be construed to relieve RFRHA of any liability for its negligence. 17. If the County shall fail to locate. construct, operate. maintain, relocate. or remove any part of the Pitkin iron Crossing or other work in accordance with the terms of this Pitkin Iron Crossing, or shall fail to pay to RFRHA any sum of money for the construction or maintenance of the Pitkm Iron Crossing as required in this Pitkin Iron Crossing, or shall fail to adjust the Pitkin Iron Crossing to any changes made by RFRHA, or shall fail to cause the procurement of insurance as required herein, or shall in any respect fail to keep and perform any of the conditions. stipulations, covenants and provisions of this Pitkin Iron Crossing to be kept and performed by the County, RFRHA shall be entitled to such damage or remedy as may be available at law or in equity (including an action to require specific performance). 18. RFRHA does not varrant itstitletothePropertynor undertake to defend the County in the peaceable possession, use or enjoyment thereof: and the grant herein made is subject to all outstanding rights or interests of others and as they may be extended or renewed. 19. If at any time the use of the Pitkin Iron Crossing should be discontinued by the County for a continuous period of one year, this Pitkin Iron Crossing shall thereupon cease and the County shall surrender or cause to be surrendered to RFRHA, or its successors or assigns. the peaceable possession of the Property, and title to the Property shall remain in RPRHA, or its successors or assigns, free and clear of all rights and claims of the County or of the public for use of the Pitkin Iron Crossing- 20. Any notice required or permitted to be given hereunder must be in writing and will be deemed given upon personal delivery or upon the 424002 11/17/1098 10:0811 EASEMENT DAVIS SILVI 8 of 14 R 2.00 D 0.00 N 0.00 PITKIN COUNTY CO RPenA - Pitkin Iron Easement :A/O 3DWd oesssosoLs'Ot Od 3NOON W SN300a'WONd B0'Zr BE-EO-AON I IIIIII IIIII IIIIII IIII IIIIII 111111 IIIII III 111111101111 435803 09/23/1999 09 23A ORDINRNC DAVIS SILVI 22 of 28 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO deposit thereof in the United States mails, by registered or certified mail. postage prepaid. addressed to the appropriate party at the following addresses: If to RFRHA: Roaring Fork Railroad Holding Authority c/o Tom Newland, Executive Director P.O. Box 1270 Carbondale, Colorado 81623 With a copy to: Robert M. Noone, P.C. P.O. Box 39 Glenwood Springs, CO 81602 If to the County: Pitkin County Manager 530 East Main Street Aspen. CO 81611 With a copy to: Pitkin County Attorney 530 East Main Street Aspen, CO 81611 Either party may change such party's address for notices by giving notice to the other party in accordance with this paragraph, but no such change will be effective as against any person without actual knowledge thereof. THE COVENANTS. stipulations and conditions of this Pitkin Iron Crossing shall extend to and be binding upon the parties hereto, their successors and assigns. In addition, this Pitkin Iron Crossing shall run with and be binding upon the property described in this Easement. SIGNED as of this the 1 %th day of Atice'ri bvl_. . 1998. ROARING FORK RAILROAD HOLDING AUTHORITY 4111101111111111111111111111111111111111 424002 11/17/1995 10:08A EASEMENT DAVIS SILVI 9 of 14 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO RFARA - rltkln Iron xns.oent L/01 30Md 0L5S5b60L6'O1 By: George Roussos Chairman of the Board of Directors Od 3NOON W SN36O3'W0ad 60,31 06-CO-AON 1111111111111111111111111111111111111 III 11111111 1111 435803 09/23/1999 09 23A ORDINANC DAVIS SILVI 23 of 28 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY STATE OF COLORADO COUNTY OF.�'-t THE FOREGOING PITKIN IRON EASEMENT WAS SUBSCRIBED AND SWORN TO before me the undersigned authority on this the .� day of A4r - -..,t r` lggg, by George Roussos. Chairman ot'the Board of Directors of the Roaring Fork Railroad Holding Authority. J J WITNESS MY HAND AND SEAL. Notary Publ / � [SEAT My Commission Expires•: o2O0o( Addggss of Nptary SCO ere 424.1' S2 11/17II000 10:00R EASEMENT DAVIS SILVI 10 of 14 R 0.00 D 0.00 N 0.00 PIMIN COUNTY CO -10- RPM. - Pitkin -Iron !Brement t/tt Mid 0L44466046.0I Dd 3NDON N Sa360a•woad 60'Et BB-CO-AON 111111 11111 111111 1111 111111 11111111111III 111111111 1111 435803 09/23/1999 09:23A ORDINRNC DAVIS SILVI 24 of 28 R 0.00 D 0.00 N 0 00 PITKIN COUNTY CO STATE OF COLORADO i n )ss. COUNTY OF flit to ) THE FOREGOING PITKIN IRON EASEMENT WAS SUBSCRIBED AND SWORN TO before me the undersigned authority on this the /7-fi‘ day of /UBW,rnkr,c. 1998, by Qm fik rofiAL4 , of the Board of County Commissioners of Pitkin County. WITNESS MY HAND AND SEAL. a 5" 2 go njp h Not - Public 1[�.S,EAM My Commission Expires:/into a* Address of Notary: CEO E. /7 ui Sited . �w fr 3os A$Gz.1.i gee -Ado /b!/ IIIIII 11111 1111111 1111 111111 111111 11111III 111111111 (III 435803 09/23/1999 09 23A ORDINANC DAVIS SILVI 25 of 28 R 0.00 D 0.00 N 0 00 PITKIN COUNTY CO 424552 11/17n008 10:00R EASEMENT DAVIS SILVI 11 of 14 R 0.00 0 0.00 N 0.00 PITKIN COUNTY CO -11- RPRHA - RttkIn Iron basement c or c'' r/Zt 3DWd OGGSS000LG,O1 Od 3NOON N lmooszNOad GO DO-CO-AON VACAI. ).AND/FARM AND RANCH CONTR :TO BOY AND SELL REAL EST: eMmmnOrS Spar Sun Deco.wr t►, 5th ,yf.r deember 17 s?i.t...e fITKI4 160a CODPO2.ITIOw a.^r^a:w ar. •nese4 ea rea:ae Pad. r,l Lr ,r.w•.r .M :w. .L4 Y.:....: l n 1 V ra, is THE WactD OV COUNTY e0tLV155IONCPt. OF PITU COO Political 5ul14i ' sswww.ea ear.pW..1 M Milts soar ,N.y.x...r.r ear s( Lb.Colorado ...trans wrisimsern. That W mid tewy .r ti. Orr pert. re .t in s.wnu.,.r ter mow .r .we. SON Dnt.zaitl A4D OTSEn VALUABLE R1wSIoznATlOu.: S_Oltris@ l\ the mil west OR net to is ea roe.. tie W per .r Uw awe pa. On +tit aaer.r a hie r wrw.s a-.tr.l.4rt'4 Mtn nentat. beezh nt .Y N .n.nc re rr ere pests 4...... nape., e dt Ma.n' ea Nee. Ss OM eel 1W N ea our rat. R...r. s asap* teem an Um rament lammed .rent S •[W{:omit, tree eel tent In Oa 400.t Pickle e Mee a Caine is en Tenet 1 :. tract of lass being part of Lets 6, 7, a. 10 and 14. of Gattimr 1, township 9 South, Range 85 Cost of the 4th Principal l:eridiaa. Said Tract is more fully described ae follows: Ocgipnittq at a point on the northeasterly right-of-way line of Colorado Elq!way 81, whence the Northwest Corner of said Suction 0 bears N. 54.11'22' U. 4600.09 feet: thence U. 13'45' E. 114.85 Feet: thence a. 1'23' K. 311.64 feet to the Center line Of t - 20arine Fork Rivers thence E. 36'24' E. L16.57 feet alen the line of the Roaring rork Alver: thence N. 0'10' W. 466.25 feet: thence 0. 10'3S' L. 21.91 foot: thence R. L5'41' E. 15.92 feet; thence R. 0.17' W. 534.23 fact to the Southwesterly right-of-way line of the Danver and Rio Grande FeSvOrn sailroadt thence 5. 47'03' E. 101.95 feet along said Southwesterly right-of-way line to the Cast line of tot 6; thence South 301.20 feet along the East Lana of Lot 6 to the KOrthwst corner of Lot 3: thence Cart 121.54 fret along the Worth Line of Lot 6 to the Southwesterly right-of-way line Of me e.6t.u.w. Raiiroad: thence 5. 47•01' E. along said Southwesterly right-of-way line. 734.15 feet: thence S. 42e57' t;. 60.00 feet: thence 5. 47.03' C 225.00 feet; thence N. 42'57' K. 80.00 feet to the Southwesterly right-of-way line of the 0.4R.G.tt. Railroad taght-ef-way: thence 5. 47'03' C. 125.45 feet along said Sontkveeterly right -of -nay Line to the Last line of said set 8; thence J. 354.72 feet along the Past lane of sot 0: thence d. 06.20'37' M. 672.17 feet to the Center of the Roaring Pork River: thence along the canter of the river as follows: S. 251'49'07' C. 211.41 feet: thence S. 32'54.19' E. 215.70 feet; thence 0. 45'04'31' C. 116 feet: thence S. 43'29' W. 414.40 feet to the Northeasterly right-44w5y lino ar Colorado ;iiglway No. 22: thence northwesterly along said northeasterly highway right-of-way line to the point of beflna.inq. containing alt. acres sore or less. Tract rnosc portions of Lets 1 and 6. Stttion 6, Township Sanyo 85 U. of the 6th Principal Meridian as describedin Dees recorded in pooh 115 Page 35S. ritkin County Records. described by metes Lid bounds as fu1104014t u oginninq at the intersection of the northeasterly right-of-way line of the Denver and Rio Grande Gersten Railroad Campos branch) t A EXHIBIT A 1111111 MI III IN Ell 11111111111 III ION 111111 435803 09/23/1899 08:23R ORDINRNC DAVIS SILVI 28 of 28 R 0 00 D 0.00 N 0.00 PITKIN COUNTY CO atrvla nava,. Ytt.tte UCY Clerk. Dec. t.00 with the South ciao of said fool, Coate the Southwest corner Q of said Lot I bears Past 471.E Shona thenrest 66.0 loot along um,' South line at said Let 1 to the southwesterly lice of roadway: thalac oloaq the arc of a curve to the right with a !adios of 681.0 lout. a distaste of 111.5 test along southwesterly lira of said roadway; Chasse R. 35'43' R. 58_3 feet alma seatbpsteely line of said roadway: theses along the are of a cunt to the Lott with a radius of 780.3 teat a distance Of 343.4 toot along southwesterly lino Of said roadway: thence 7. 40'S4' R. 226.2 feet along swtinesterly line of said roadway: taaneo along the are of a earn to the right with a radius of 332.4 feet a dist:oce of 90.0 feet along southwesterly lint of said roadway to a Paint on the northeasterly right-of-way line of said Denver and Rio Craado� wesacrn Railroad (Aspen branch): thence S. 47e03' E. 771.0 toot along northaasterly right.ot way line of said Railroad to the point of beginning, containing 1.00 acre sere or lest. Tract 3 That Part of tot 9, Section l and that part of Lot 3. Scotian 9 Township 9 S.. Range SS R. of the 4th Principal Meridian located . iloreheesteriy of the Denver and Rio Grande Western Railroad Company right-of-way and wesrorly and Seethweaterly of tae County Road. containing 1 sere, more or loss as described in loot 195. Page 34G. 9/thin County MMWrds. also. together with all ditch end water rights. including well rig ts. used upon or appurtenant to the amen da ribad lends with an 1 -.Nationt 32 els. in Priority f6S and :mots. an rriarsty fie Oman (::althea Ditch �oh netegata Giwrsien .rams ementr. het wrtmat.werraney as to elm 'availability for diversion or any sp.caric g.antrty of sate: at the hraa7►te. ens pt dgp eras vas r right* uaad upon or appurtenant to Trmcts l.i WaRsfdt't dtolso ,m at opts— ta.ws :woos. or' a,r.,,s M.,wt,Nb lot W .wool; W ataiwa carer Y,tteit.i..w so. Wow sod ;soar w.wrlf alas W .atlo lhM. a leistl..latm ES Halal .Araww d W W pony .f do lien wen. .ion I. l.n w ;•wads n. to ad met .saes SOS Isis tido thy te.Ysa ohs sal O rossnvw. 7a fl avt .1N0 70 NOLO W wit gooSom MSS awl Ss* Volt do an.rlomi w W aril sooty .f Ow .odd east ** soitsoso awl Spas. hens And the mid 'wry .f me dam pa. De SAL- somoa ad ways. let ..••••••.1P. tiia4 owl sot —.Load Si Matte tut sod pact Y,aadwes r .e.5 Ysg la W dad W ...slim ad *Awrt b. saw ► Is son rot t W sobs nansL as Of K is 1011PMIL Os W ...1 IvIsavoltsts wars t ah•rmm4 Y Isto loin .ga,L. wan W al eat era —n W Y.M ttY.sr h swat brash. as N .•.r•1 W — m aclaw sod 9w sea sl4 sal Ns W ne as fon awl Olaf as al Mawr sag tetra law. Magda,. Mos. S. wow asos.4. smoolposlosom a Ss IS et rise .soot.. except for patent reservations. easements and rights-Ofway of record: Loaae .grex.ent dated February 17. 1987 with e(ouatais Mobil Mix: astatine ditch easements: taxes tor 1990 payable in 1991. to 0e prove tad. • 424052 11/17/1000 10:00R EASEMENT DAVIS SILVI 13 of 14 R 0 00 D 0.00 N 0.00 PITKIN COUNTY CO sd W Soo t r.dlsd p.•dws i les.'twin col pooh P••••••S• se Art a.t4 ;only of W .nsol tit h. wowereol Ns reams as sane pis or ors Y.hrr l.i..m woo Se Ow so .r on tool llw000f. lIW potting tYfM ,..naa.& A WAfat=T ASO rearm p..rr.. Of ISMS en:sbl. n..a re t tl.. Poo tat W acid es smote sac for In bass solso011011orl MSS owl Yswusewl lots Yards a®nL mum.d as assn.. I1Squd hlo4 1S...t • ! ,', .. s• I �. rotAQQ oil e : se0elot OO ueY g .7. 1 :te • 17 ZRmt entrant/33N go_ . C Ti .i�Ct- C.. aeons. POO SPY 111111111111111111(IIItill 11111111111III1111111II(III 435803 09/23/1999 09:23A ORDINANC DAVIS SILVI 27 of 28 R 0.00 D 0.00 N 0 00 PITKIN COUNTY CO ilI111IlIIl I9 N III 1111111111111 I itI4III1III1111II 28 of 28 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO 424032 11/17/1008 10:08R EASEMENT DAVIS SILVI 14 of 14 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO \Pitkin Iron Crossing i IIIIII IIII till IIII IIIIIII III 435808 09/23/1989 10:07A OCD DAVIS SILVI 1 of 2 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO OUITCLAIM DEED i 144? THIS DEED made this do( day of Setem 3 €L, -1r99f37 between the Board of County Commissioners of Pitkin County, Colorado, a Colorado Home Rule County ("Grantor"), whose legal address is 506 East Main, Aspen, Colorado 81611, and the Town of Basalt, Colorado, a municipal corporation ("Grantee"), whose legal address is 101 Midland Avenue, Basalt, Colorado 81621. 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 successor 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: The Emma Bridge, PIT-002-00.1. 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. BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO �7 BY: '24&tcm - Dorothea Farris, Chair 1111111111111111111iu 111111111111111111111111111111111 435808 09/23/1999 10 07A OCD DAVIS SILVI 2 of 2 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) Ni Th foregoing instrument was acknowledged before me this/2 day of 1998 by Dorothea Farris, Chair of the Board of County Commissioners Pitkin County, Colorado. Witness my hand and official seal. My commissioner expires: /d a I—Z Or" / Accepted by: TOWN OF BASALT, COLORADO By: STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) The foregoing instru ent was ac ledged before me this p 3 day of , 1998 by �i@i(xrd nowtI IJI1� %iiDIC*. of the Town of Basal @ Colorado. Witness my hand and official seal. My commissioner expires: I/dBasaltQD.doc \a s ?Ake. 9 • o: c� t n Notary Public` r„ 4 r /01 Midl A-vg.(((JJJ c! r-ek40 $ C) H 21