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Home My WebLink Aboutbocc.con.098.2012 pprnUtd b J No 03y -aoo8 CONTRACT Of t -10( EASEMENT AGREEMENT FOR MUSIC SCHOOL ROAD THIS EASEMENT AGREEMENT, is made and entered into this Z of bVkaV� , 2012, by and between MUSIC ASSOCIATES OF ASPEN INC., a Colorado non -profit corporation (hereinafter referred to as "MAA" or "Grantor "), and THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, c/o Pitkin County Attorney, 530 East Main Street, Suite 302, Aspen, Colorado 81611, as the governing body of Pitkin County, Colorado (hereinafter referred to as "the County" and "Grantee." RECITALS: 1. The MAA is the owner of the Aspen Music School Castle Creek Campus, as described and shown on the Amended Final Plat bearing that name recorded in Plat Book ?9 at Page 35 under Reception No. 58'7 Z o f of the records of the Clerk and Recorder of Pitkin County on h- a.t , (the "Final Plat "). 2. The MAA, as Grantor, desires by this instrument (i) to establish and to grant to the County a perpetual and irrevocable easement and right -of -way for a public road over and along that alignment depicted as "New Location of Music School Road" on the Final Plat at Plat Book 99 at Page 31_, said Final Plat sheet being entitled "Final Plat Replacement Easements." 3. The County desires by this instrument to accept said easement and right of way for a public road. 4. Grantor and Grantee further wish to assume certain responsibilities in connection with the public road easement granted herein. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements set forth herein, and for other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, Grantor and the County agree as follows: AGREEMENT 1. Grant of Easement. The MAA, on behalf of itself and its successors and assigns, hereby grants unto the County and its successors and assigns, with warranties of title, a perpetual and irrevocable easement and right -of -way for a public road over and along that alignment depicted as "New Location of Music School Road" on the Final Plat at Plat Book T 9 at Page 37 , said Final Plat sheet being entitled "Final Plat Replacement Easements." The easement and right -of -way shall be sixty (60) feet in width, and shall provide unrestricted County and public access along its entire length. The following list of allowed uses is descriptive only and is not intended to impose a limitation on the County's or the public's rights of use: a. By the County and other federal, state and local governmental agencies for official administrative uses, law enforcement, firefighting. emergency medical, construction, maintenance and all other official business purposes. RECEPTION #: 587205, 03/05/2012 at 1 03:44:19 PM, 1 OF 4, R $0.00 Doc Code EASEMENT Janice K. Vos Caudill, Pitkin County, CO b. By the public for motorized and non - motorized ingress and egress to and from the MAA Campus and points beyond. c. By the public for parking and special events as may be allowed by the County in its sole discretion. d. By the public for all uses recognized as proper uses of a public road, street, highway, or right -way by applicable law. e. As used in this Agreement, the "public" shall include the general public, the County and all other governmental agencies. 2. Relocation of Existing Music School Road. The existing easement for Music School Road shall remain in effect until the MAA has completed all construction activities required to relocate Music School Road to the easement alignment granted herein. The MAA shall complete all such construction necessary to relocate Music School Road at its own expense, and must do so to the satisfaction of the County Engineer and in compliance with any and all design and permit requirements of the Pitkin County Asset Management Plan. 3. MAA Covenants. The MAA, in behalf of itself and its successors and assigns, covenants and agrees as follows: a. Neither it nor its contractors shall undertake activities on Music School Road that would create a barrier, impediment, or hazard to motorized or non- motorized travel without first obtaining the written consent of the County Engineer. This includes, without limitation, parking or staging of vehicles, or of any other material or substance, on Music School Road. Absent prior authorization of the County Engineer, the MAA may use Music School Road only for purposes of ingress and egress in the same manner allowed to other members of the public. b. The MAA shall have a continuing obligation to maintain the new alignment of Music School Road granted herein; provided, however, that it shall not undertake construction, repair, or maintenance of Music School Road (other than plowing snow, crack sealing, and pit -hole repair) without obtaining prior written consent of the County Engineer and all applicable permits. Nothing in this Agreement shall be deemed to exempt the MAA from full compliance with the Pitkin County Land Use Code, the Pitkin County Asset Management Plan, or other laws relating to land or road use, management, or maintenance. c. The MAA shall install, and properly maintain for the longest period allowed by applicable law, fencing or other barriers in the locations shown as "Snow Fencing /Barrier Area" on the Final Plat at Plat Book 99 at Page 31 , said Final Plat sheet being entitled "Final Plat Replacement Easements." The fencing or other barriers installed shall be to the reasonable satisfaction of the County Engineer, and shall be sufficient to prevent snow, rock, and other debris from entering the new location of Music School Road providing for herein. 4. County Construction and Maintenance. The County may, but shall have no obligation to: construct, reconstruct, repair, maintain, improve, or otherwise alter Music School 2 Road and all of its associated facilities, including but not limited to drainage facilities. This right of construction and maintenance specifically entitles the County to undertake all actions appropriate for a public road, including without limitation the installation of facilities or structures identified in the Colorado Department of Transportation's Standard Plans and Specifications for Road and Bridge Construction and any other public highway design or construction manual that is generally accepted in the field of public road or highway design or construction. 5. No Effect on Castle Creek Road. Nothing herein shall be deemed to vacate or otherwise affect the right of way for Castle Creek Road, which the parties recognize was not affected by the vacation of the Newman Tunnel Spur as provided in Pitkin County Board of County Commissioners Resolution No. 050 -2008 and Ordinance No. 034 -2008. 6. No Waiver of Approval Requirements. Nothing herein shall be construed to exempt the MAA from full compliance with applicable land use approvals or requirements, including without limitation those set forth on the Final Plat. 7. Attorney's Fees. In the event the interpretation or enforcement of this Easement Agreement should ever become the subject of litigation between the parties hereto, the prevailing party shall be entitled to an award of its reasonable costs and attorney fees incurred in connection therewith. 8. Binding Effect. This Easement Agreement shall run with the land, and shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors and assigns forever, including all future owners of the (Castle Creek Campus) or any portions thereof. 9. Miscellaneous. This Easement Agreement may not be modified except in writing signed by the authorized representatives of the parties hereto. This Easement Agreement does not create or give rise to any confidential or fiduciary relationship between or among the Grantor on the one hand and Grantee on the other. In addition, this Easement Agreement does not constitute any party hereto the agent of any other party hereto for any purpose whatsoever, nor does any party hereto have the right or authority to assume, create or inure any liability of any kind, express or implied, against or in the name or on behalf of any other party. IN WITNESS WHEREOF, the parties have duly executed this Easement Agreement effective the day and year first above written. MUSIC ASSOCIATES OF ASPEN, INC., a Colorado no - profit corporation. By: Alan Fletcher, President 3 BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO AT' S : I/LW/4 Deput Clerk and Reef der Michael Owsley, Chai :. APPROVED AS TO FORM: Pitkin County At STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me, a Notary Pubic, by Alan Fletcher as President of the Music Associates of Aspen, Inc. thisRrn` day of u 2012. , WITNESS my hand and official seal. J � ` ' J � R jJ •:•9 111 r } r .1 Jae "la" % ice i �ootary Public i • By commission expires r II • A . G � et ; •. . ••••• � rgV � • : o STATE OF COLORADO ) N ` O PP. CO ss. COUNTY OF PITKIN ) MYon Expires05 /20/2012 The foregoing instrument was acknowledged before me, a Notary Public, by Michael Ow_Mey as Chairman of the Board of County Commissioners of Pitkin County, Colorado this jeliday of , 2012. WITNESS my hand and official seal. Via Not. y Public By commission expires `l -I`1 _l y - wt. if 5383107_1 { • S �5 P 11 Bu c r