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HomeMy WebLinkAboutbocc.ord.039.2001 Ililil IIIII IIIIII IIII IIIII�IIII CO III IIIII IIII IIII a Page: I 4609 1 03:14P AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO CONSENTING TO THE GRANT OF AN EASEMENT TO THE TOWN OF CARBONDALE ON THE MAUTZ/ULRYCH PROPERTY FOR THE PLACEMENT OF A WATER PIPELINE Ordinance No. y 2001 Recitals 1. Pursuant to an Open Space acquisition in 2000, Pitkin County has a security interest via Deed of Trusts from the Conservation Fund and Sustainable v' Conservation Inc. on a portion of the property formerly owned by the Mautz family (a.k.a. the Uhych Property). 2. When the Conservation Fund and Sustainable Conservation Inc. purchased the property with a loan from Pitkin County, there was a pending lawsuit with the Town of Carbondale concerning the scope and use of the Town's water line easement on the property. 3. The Conservation Fund and Sustainable Conservation Inc. have agreed to settle the lawsuit pursuant to the terms of the Water Pipeline Easement Agreement 7 attached hereto as Exhibit A and incorporated by this reference. v �.1 ' 4. Because the County has a security interest in the property, the Town of Carbondale is requesting that the Board consent to the grant of such easement agreement. NOW, THEREFORE, be it ordained by the Board of County Commissioners of Pitkin County, Colorado that the Board of County Commissioners does hereby consent to the Water Pipeline Easement Agreement between Sustainable Conservation Inc, the Conservation Fund and the Town of Carbondale attached hereto as Exhibit A. U INTRODUCED, FIRST READ AND SET FOR PUBLIC HEARING ON THE 81h DAY OF AUGUST, 2001. y NOTICE OF PUBLIC HEARING PUBLISHED IN THE WEEKEND EDITION OF THE ASPEN TIMES ON DAY OF 11" AUGUST, 2001. APPROVED UPON SECOND READING AND PUBLIC HEARING ON THE 22nd DAY OFAUGUST, 2001. PUBLISHED AFTER ADOPTION IN THE WEEKEND EDITION OF THE ASPEN TIMES ON THE 1" DAY OF SEPTEMBER, 2001. 458129 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIO Page: I of 7 8//299//2000110004:11P IIIIIII IIIII IIIIII IIII IIIII IIIII CO III IIIII IIII IIII Page: 6©90 1 03:14P R 0.00 D 0.00 Ordinance # ..9 - 2001 Page 2 ATTEST: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO it Je to Jones, Michael C. Ireland / D ty Clerk Chair Date APPROVED AS TO FORM: i athleen M. Morgan Hilary kilteher Smith Assistant County Attorney'--- County anager Date: ( CJ 1/ords/2001/waterpipeline ease.doc 458129 04:11P IIIIIIRIIIIIIIIIIIIiII IIIIIII IIIII IIIII III IIIII IIII IIIIOPage: 2 of 7 D 0 1 31 (IIIII IIIII IIII I TII NIII�IIII CO I II II III II100 4609 0 1 03:14P EXHIBIT A WATER PIPELINE EASEMENT AGREEMENT This WATER PIPELINE EASEMENT AGREEMENT is made this day of , 2001, between SUSTAINABLE CONSERVATION, INC., a Maryland non- profit corporation whose address is 1800 North Kent Street, Suite 1 f20, Arlington, Virginia 22209, THE CONSERVATION FUND, a Maryland non-profit corporation whose address is also 1800 North Kent Street, Suite 1120, Arlington, Virginia 22209, and the TOWN OF CARBONDALE, a Colorado municipal corporation whose address is 511 Colorado Avenue, Carbondale, Colorado 81623. A. Sustainable Conservation, Inc. owns certain property in Pitkin County, Colorado, which property is described in a General Warranty Deed recorded in the real property records of Pitkin County, Colorado on November 1, 2000 as Reception No. 448469. The Conservation Fund owns adjacent property in Pitkin County, Colorado, which property is described in a General Warranty Deed recorded in the real property records of Pitkin County, Colorado on November 1, 2000, Reception No. 448470. These two properties shall be referred to in this Agreement as the "Property." B. The Town of Carbondale owns and operates a municipal water system, which system includes a main water pipeline that traverses parts of the Property. The centerline of that portion of the pipeline that traverses the Property is described on the attached Exhibit A. C. On or about July 3, 1963, Joe Mautz and Angelina Mautz (predecessors-in-interest to Sustainable Conservation Inc. and The Conservation Fund) conveyed an easement to the Town of Carbondale for the main water pipeline. Such easement was recorded in the real property records of Pitkin County, Colorado in Book 206 at Page 165 (hereinafter referred to as the "Mautz Easement"). Among other things, the Mautz Easement required the Town of Carbondale to provide domestic water to one residence on the Property free-of-charge. The Mautz Easement describes a location for the pipeline that is different from the pipeline's actual location on the Property. D. In Case No. 99CV290, Garfield County District Court, the Court entered an Order on April 17, 2001 approving a Settlement Stipulation whereby the undersigned parties agreed to permanently terminate the Town's obligation to provide water to the Property and to enter into a new easement agreement that would supersede and replace the Mautz Easement. This Agreement is intended to constitute the new easement agreement called for by the Settlement Stipulation in 99CV290. WHEREFORE, in consideration of the mutual promises contained herein, and pursuant to the Settlement Stipulation and Order Approving Settlement Stipulation in Case No. 99CV290, Garfield County District Court, the parties further agree as follows: 1. The Mautz Easement, which was recorded in Book 206 on Page 165 of the Pitkin County real property records, is hereby vacated by agreement of the undersigned parties. Such document shall have no finrther force and effect, and shall he superseded and replaced in its entirety by the terms of this Water Pipeline Easement Agreement. CARaONDALL-Ulrych-Wafer Pipeline Easement Agreement 11�III III I II I IIII III IIIII 111��11 1111 4 9:�20091 04:31P SILVIR DAVIS PITKIN COUNTY CO R 0.00 D 0.00 III II IIIIII IIIIIIIII (IIIIII II II II 46m9 0.1 O3:14P SILVIP DAVIS PITKIN COUNTY CO R 0.00 D 0.00 Water Pipeline Easement Agreement Town of Carbondale Page 2 2. Sustainable Conservation, Inc. and The Conservation Fund hereby grant, sell, bargain and convey to the Town of Carbondale, and the Town hereby accepts, a water pipeline easement located within an area that extends five (5) feet on the west side and fifteen (15) feet on the east side of the line described on the attached Exhibit A (a total easement width of twenty (20) feet). Such water pipeline easement shall be for the purposes of location, construction, operation, maintenance, repair and replacement of an underground water transmission pipeline, together with necessary fixtures or devices used or useful in the operation of said pipeline ("Associated Fixtures"), which Associated Fixtures are used to deliver water to the Town of Carbondale's municipal water system. Such Associated Fixtures shall be limited to pipe fittings, pressure reducing valves, air release valves, and all similar appurtenant features of a water transmission pipeline, all of which features shall be located underground. Said easement shall include a right of ingress and egress over said easement area to survey, construct, operate, maintain, repair or replace said pipeline and Associated Fixtures. The Town shall also be permitted to use an existing ranch road that accesses the portion of the pipeline described on the attached Exhibit A from a point on the south end of the Property on the east side of the Crystal River to survey, construct, operate, maintain, repair or replace said pipeline and Associated Fixtures,. The owner(s) of the Property has the right to relocate die existing ranch road and to permit the Town to use the relocated ranch road to survey, construct, operate, maintain, repair or replace said pipeline and Associated Fixtures. The Town's permission to use the existing ranch road, or any replacement thereof, shall be in addition to the Town's right to use the twenty-toot wide pipeline easement area described above. The Conservation Fund and Sustainable Conservation, Inc., their successors or assigns, also reserve the right to require the Town to cease its use of the existing or any relocated ranch road in its entirety, except to the extent it coincides with this pipeline easement, and to require the Town to use the pipeline easement for ingress and egress to survey, construct, operate, maintain, repair or replace said pipeline and Associated Fixtures. The parties recognize that at present the pipeline easement area is not currently improved to allow for motor vehicle access along the entire length of that portion of the pipeline which traverses the Property. In the event that the Town is limited to the pipeline easement area for motor vehicle access, any improvements required to the easement area for that purpose shall be at the expense of die Town. Nothing in this Easement shall be construed as allowing the Town to use the Easement or any road as access for any purpose other than to survey, construct, operate, maintain, repair or replace the Town's underground water transmission pipeline and Associated Fixtures. 3. The Town of Carbondale shall exercise reasonable care in installing, operating, maintaining, repairing and replacing the water pipeline described herein, and shall hold harmless and indemnify The Conservation Fund and Sustainable Conservation, Inc. from any damage that results from failure of the pipeline or the Town's use of the easements described in this Agreement. The Town of Carbondale agrees to restore any surface disturbance resulting from the installation, maintenance, repair and/or replacement of the water pipeline described herein. The Town shall reasonably restore the surface of all disturbed areas to approximate their condition prior to die disturbance by restoring die coutour and icvcgetatiug will' a uativc seed mixture. Nothing herein shall be construed to obligate the Town to restore tiie contour of or revegetate CAR60NDALE-Ulrych-Water Pipeline Easement Agreement 1111111 1111I 111111111111111111111111111111111111111111111 0 089: 4 0004:11P IIIIIIRIIIIIVIIIIII lIIIIIIII IIIII IIIIIII III IIIII IIII IIII IS PlTKIN COUNTY CO R O Page: 5 of 8 460931 a 1 03:14P Water Pipeline Easement Aereement Town of Carbondale Pace 3 portions of the pipeline easement area described herein in which a maintenance road presently exists or is constructed by the Town in the future. 4. 'Cite Conservation Fund and Sustainable Conservation Inc., as well as their successors and assigns, retain the right to use the property within the easement for any lawful purpose including the right to grant other utilities an easement for utility service but such use shall not unreasonably interfere with the Town of Carbondale's use of the water pipeline or Associated Fixtures described herein or the Town's right to access said pipeline or fixtures for the purposes described herein. In the future, The Conservation Fund and Sustainable Conservation, Inc., and their successors and assigns, agree to use reasonable care in installing utilities or constructing any other improvements in the vicinity of the Town's pipeline, and shall indemnify and hold harmless the Town of Carbondale for any damage that may result to the Town's pipeline from any such construction activity. 5. This Agreement shall be interpreted according to the laws of the State of Colorado and shall be binding upon and inure to the benefit of the parties, their heirs, successors and/or assigns. IN WITNESS WHEREOF, Sustainable Conservation, Inc., The Conservation Fund, and the Town of Carbondale have executed this Water Pipeline Easement Agreement on the date first set to!tit above. SUSTAINABLE CONSERVATION, INC. ATTEST: A Maryland Non-profit Corporation, 1-2 —n----- -- By President ST.ATI. OF COUNTY OF Acknowledged, subscribed, and sworn to before Inc this U day of 2001, by President of Sustainable Conservation, Inc. WITNESS m�r hand and official seal. f y'h commissroll e,4pires: •i - l 1. CF 'Votary Public C.\RnONDALF-Ulrpch-\\'titer p:pcline Eascneni :\er.xmenl I IIIIII III II(IIIIIIIIIIIIIIIIIIII(IIIIIII1IIII1IIIIIIII 5g�200� 04SILVIP RVIS PITKIN COUNTY CC R 0.00 D 0.00 I IIIIII IIIII IIIIIIIIIIIIIII IIII CO IIIIIII IIII IIII 46090e1 03:14P Water Pipeline Easement Agreement R 0.00 D 0.00 Town of Carbondale Page 4 THE CONSERVATION FUND, ATTEST: a Maryland a non-profit Corporation, f♦,sn ii��,l r<-ref..i.-r/ G�t.�.(�.-t-..-�'' / B roc (//e t President STATE OF } ss. COUNTY OF Acknowledged, subscribed, and swom to before me this day of�_-f�' , 2001, by inaml '36,11(r bic President offhe Conservation Fund. 7 WITNESS my hand and official seal. 1 My commission expires: Notary Public THE TOWN OF CARBONDALE a Colorado municipal corporation, Aohner, Town Manager ATTEST: Suzann Cerise,Town Clerk STATE OF COLORADO } } ss. COUNTY OF GARFIELD ) Acknowledged, subscribed, and sworn to before me this,?..kdday of 2001, by John Hier, as Town Manager of the Town of Carbondale, Colorado. WITNESS my hand and official seal. My commission expires: Notary Vublic C:1RIiONDALE-Ulrych-Water Pipeline Basement Agreement II��III��III��III�I�I�II���I IIII�II��I III 458129 Page9e:: of5 of 7 08/29/2001 04:11P SiLVIR DAVIS PITKIN COUNTY CO R 0.00 D 0.00 31 IIIIII IIIII IIIIIi PITKIN IIIII CO III IlIll Jill 1111 0 460/ 01 0a 14P Page: 7 of 8 StL 0 0,00 Water Pipeline Easement Agreement Town of Carbondale Page 5 CONSENT TO GRANT OF EASEMENT: The Board of County Con nissioners of Pitkin County, Colorado, presently holds two deeds of trust that affect the property across which the above-described water pipeline easement will lie. These deeds of trust, both dated November 1, 2000, are recorded in the real property records of Pitkin County, Colorado, Reception Nos. 448476 and 448477. Pitkin County hereby consents to the conveyance of the Water Pipeline Easement described above and on the attached Exhibit A and affirmatively acknowledges that such easement is not part of the collateral described in the deeds of trust held by the County. BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO i4TTgST: _ _ By: Je"A t Jones, Depu. County Clerk Michael C. Irel4ind,Chaiffflan Date: STATE OF COLORADO ) } ss. COUNTY OF PITKIN } Subscribed and sworn to before me by Chairman, Chairman of the Pitkin County Board of County Commissioners, on _ _,02 , 2001 . WITNESS my hand and official seal. My commission expires: Notary Public APPROVED AS TO FORM: John Ely, Pitkin County Attorney IIIIIIII DAVIS IIIIIIIIIII COUNTY I CO 458 z of 04:1 R 0.00 0 0.00 3P CARBONDALE-Ulrych-Water Pipeline Easement Agreement 31 IIIIII IIIII IIIIII IIII COUNTY CO III IIIII IIII IIII a Page: 8 of 8 4609 m 1 03:14P SILVIA DAVIS PITKIN Water Pipeline Easement Agreement Town of Carbondale Page 6 EXHIBIT A A waterline easement situate in Section 27, Township 8 South, Range 88 West of the 6i1' P.M., Pitkin County, Colorado, and being twenty (20) feet in width and lying within an. area extending five (5) feet west of, and fifteen (15) feet east of, the following described centerline: Beginning at a point whence the south '/4 corner of said Section 27 bears S 17'17' 19" W 1389.54 feet; thence N 13°22'29" W 44.40 feet; thence N 06°04'12" W 104.2 feet; thence N 04004'33" E 423.45; thence 04°18'45" E 1414.79 feet; thence N 03°59'05" E 311.84 feet; thence N 04°22'28" E 293.14 feet; thence N 01'29'1 F E 1.19.39 feet; thence N 01 °29'25" E 180.67 feet; thence N 08°57'45" W 226.92 feet to the point of ending. 4 ILVIA IDAVIS IillPt�Tl IN COUNTY CO��� R�00 98 o a 1 04:11P CARBON DALE-Ulrych-Water Pipeline Easement Agreement WATER PIPELINE EASEMENT AGREEMENT This WATER PIPELINE EASEMENT AGREEMENT is made this � day of ` 2001, between SUSTAINABLE CONSERVATION, INC., a Maryland non- profit rporation whose address is 1800 North Kent Street, Suite 1120, Arlington, Virginia 22209, THE CONSERVATION FUND, a Maryland non-profit corporation whose address is also 1800 North Kent Street, Suite 1120, Arlington, Virginia 22209, and the TOWN OF CARBONDALE, a Colorado municipal corporation whose address is 511 Colorado Avenue, Carbondale, Colorado 81623. A. Sustainable Conservation, Inc. owns certain property in Pitkin County, Colorado, which property is described in a General Warranty Deed recorded in the real property records of Pitkin County, Colorado on November 1, 2000 as Reception No. 448469. The Conservation Fund owns adjacent property in Pitkin County, Colorado, which property is described in a General Warranty Deed recorded in the real property records of Pitkin County, Colorado on November 1, 2000, Reception No. 448470. These two properties shall be referred to in this Agreement as the "Property." B. The Town of Carbondale owns and operates a municipal water system, which system includes a main water pipeline that traverses parts of the Property. The centerline of that portion of the pipeline that traverses the Property is described on the attached Exhibit A. C. On or about July 3, 1963, Joe Mautz and Angelina Mautz (predecessors-in-interest to Sustainable Conservation Inc. and The Conservation Fund) conveyed an easement to the Town of Carbondale for the main water pipeline. Such easement was recorded in the real property records of Pitkin County, Colorado in Book 206 at Page 165 (hereinafter referred to as the "Mautz Easement"). Among other things, the Mautz Easement required the Town of Carbondale to provide domestic water to one residence on the Property free-of-charge. The Mautz Easement describes a location for the pipeline that is different from the pipeline's actual location on the Property. D. In Case No. 99CV290, Garfield County District Court, the Court entered an Order on April 17, 2001 approving a Settlement Stipulation whereby the undersigned parties agreed to permanently terminate the Town's obligation to provide water to the Property and to enter into a new easement agreement that would supersede and replace the Mautz Easement. This Agreement is intended to constitute the new easement agreement called for by the Settlement Stipulation in 99CV290. WHEREFORE, in consideration of the mutual promises contained herein, and pursuant to the Settlement Stipulation and Order Approving Settlement Stipulation in Case No. 99CV290, Garfield County District Court, the parties further agree as follows: 1. The Mautz Easement, which was recorded in Book 206 on Page 165 of the Pitkin County real property records, is hereby vacated by agreement of the undersigned parties. Such document shall have no further force and effect, and shall be superseded and replaced in its entirety by the terms of this Water Pipeline Easement Agreement. 45830 CARBONDALE-Ulrych-Water Pipeline Easement Aerccment II 111111111111111�11 1111 1111111 Page:11 of 04:12P SILVIR CPVIS PITKIN COUNTY CO R 0.00 0 0.00 Water Pipeline Easement Agreement Town of Carbondale Page 2 2. Sustainable Conservation, Inc. and The Conservation Fund hereby grant, sell, bargain and convey to the Town of Carbondale, and the Town hereby accepts, a water pipeline easement located within an area that extends five (5) feet on the west side and fifteen (15) feet on the east side of the line described on the attached Exhibit A (a total easement width of twenty (20) feet). Such water pipeline easement shall be for the purposes of location, construction, operation, maintenance, repair and replacement of an underground water transmission pipeline, together with necessary fixtures or devices used or useful in the operation of said pipeline ("Associated Fixtures"), which Associated Fixtures are used to deliver water to the Town of Carbondale's municipal water system. Such Associated Fixtures shall be limited to pipe fittings, pressure reducing valves, air release valves, and all similar appurtenant features of a water transmission pipeline, all of which features shall be located underground. Said easement shall include a right of ingress and egress over said easement area to survey, construct, operate, maintain, repair or replace said pipeline and Associated Fixtures. The Town shall also be permitted to use an existing ranch road that accesses the portion of the pipeline described on the attached Exhibit A from a point on the south end of the Property on the east side of the Crystal River to survey, construct, operate, maintain, repair or replace said pipeline and Associated Fixtures,. The owner(s) of the Property has the right to relocate the existing ranch road and to permit the Town to use the relocated ranch road to survey, construct, operate, maintain, repair or replace said pipeline and Associated Fixtures. The Town's permission to use the existing ranch road, or any replacement thereof, shall be in addition to the Town's right to use the twenty-foot wide pipeline easement area described above. The Conservation Fund and Sustainable Conservation, Inc., their successors or assigns, also reserve the right to require the Town to cease its use of the existing or any relocated ranch road in its entirety, except to the extent it coincides with this pipeline easement, and to require the Town to use the pipeline easement for ingress and egress to survey, construct, operate, maintain, repair or replace said pipeline and Associated Fixtures. The parties recognize that at present the pipeline easement area is not currently improved to allow for motor vehicle access along the entire length of that portion of the pipeline which traverses the Property. In the event that the Town is limited to the pipeline easement area for motor vehicle access, any improvements required to the easement area for that purpose shall be at the expense of the Town. Nothing in this Easement shall be construed as allowing the Town to use the Easement or any road as access for any purpose other than to survey, construct, operate, maintain, repair or replace the Town's underground water transmission pipeline and Associated Fixtures. 3. The Town of Carbondale shall exercise reasonable care in installing, operating, maintaining, repairing and replacing the water pipeline described herein, and shall hold harmless and indemnify The Conservation Fund and Sustainable Conservation, Inc, from any damage that results from failure of the pipeline or the Town's use of the easements described in this Agreement. The Town of Carbondale agrees to restore any surface disturbance resulting from the installation, maintenance, repair and/or replacement of the water pipeline described herein. The Town shall reasonably restore the surface of all disturbed areas to approximate their condition prior to the disturbance by restoring the contour and revegetating with a native seed mixture. Nothing herein shall be construed to obligate the Town to restore the contour of or revegetate CARBONDALL..r lr)'ch-Winer Pipeline Easemen[Agrten'en[ IIIIIII IIIII III�IIIIII IIIIIII IIIII IIIII III IIIII IIII IIII Page:g f/200 04:12P SILVIA DAVIS R 0.00 D 0.00 Water Pipeline Easement Agreement 'Town of Carbondale Page 3 portions of the pipeline easement area described herein in which a maintenance road presently exists or is constructed by the Town in the future. 4. The Conservation Fund and Sustainable Conservation Inc., as well as their successors and assigns, retain the right to use the property within the easement for any lawful purpose including the right to grant other utilities an easement for utility service but such use shall not unreasonably interfere with the Town of Carbondale's use of the water pipeline or Associated Fixtures described herein or the Town's right to access said pipeline or fixtures for the purposes described herein. In the future, The Conservation Fund and Sustainable Conservation, Inc., and their successors and assigns, agree to use reasonable care in installing utilities or constructing any other improvements in the vicinity of the Town's pipeline, and shall indemnify and hold harmless the Town of Carbondale for any damage that may result to the Town's pipeline from any such construction activity. 5. This Agreement shall be interpreted according to the laws of the State of Colorado and shall be binding upon and inure to the benefit of the parties, their heirs, successors and/or assigns. IN WITNESS WHEREOF, Sustainable Conservation, Inc., The Conservation Fund, and the Town of Carbondale have executed this Water Pipeline Easement Agreement on the date first set forth above. SUSTAINABLE CONSERVATION, INC. ATTEST: A Maryland Non-profit Corporation, By , President Ci:•� n., ...: ➢r. i� e_hrlrt:, i.:U�T1iri..�: STATE OF } s_1 } ss. COUNTY OF Acknowledged, subscribed, and swom to before me this Li day of . y_:k 2001, by President of Sustainable Conservation, Inc. / WITNESS may hand and official seal. My commission c$IA�res. = _ ,\•J� Why Notary Public CARBONDALG-Ulrych-Water Pipeline Easement Agreement I illlll IIIII Iillll III IIIIIII IIIII IIIIII III IIIII IIII IIII Page: 3 of 6 0 04:12P SILVIR DAVIS PITKIN COUNTY CO R 0.00 D 0.00 1111 11111111111 I 1111111111111 458 4 of 6 Water Pipeline Easement Agreement Page 08/29D 0 , 04:12P Town of Carbondale SILVIR DAVIS PITK IN COUNTY CO g 0.00 000 Page 4 THE CONSERVATION FUND, ATTEST: a Maryland aa/1non-profit Corporation, B ia.[ �//c ; President S` AT11 OF ss. COUNTY OF Acknowledged, subsetbed, and sworn to before me this day of_ ...- , 200 L by , = •!r,t "-i Lli> President offhe Conservation Fund. WITNESS my hand and official seal. r t My commission expires: Z. y I .. Notary Public THE TOWN OF CARBONDALE C4" a Colorado municipal corporation, t ohn Hier, Town Manager ATTEST:, Suza Cerise, Town Clerk STATE OF COLORADO ', ss. COUNTY OF GARFIELD } Acknowledged, subscribed, and sworn to before me this,�day of 2001, by John Hier, as Town Manager of the Town of Carbondale. Colorado. WITNESS my hand and official seal. My commission expires: . '' ° Notary Piublic CARBONDALE-Ulrych-Water Pipeline Easement Agreement Water Pipeline Easement Agreement Town of Carbondale Page 5 CONSENT TO GRANT OF EASEMENT: The Board of County Commissioners of Pitkin County, Colorado, presently holds two deeds of trust that affect the property across which the above-described water pipeline easement will lie. These deeds of trust, both dated November 1, 2000, are recorded in the real property records of Pitkin County, Colorado, Reception Nos. 448476 and 448477. Pitkin County hereby consents to the conveyance of the Water Pipeline Easement described above and on the attached Exhibit A and affirmatively acknowledges that such easement is not part of the collateral described in the deeds of trust held by the County. BOARD OF COUNTY COMMISSIONERS TE5 OF PITKIN COUNTY, COLORADO By: 1 • � Jeanette Jones, Deputy County Clerk Michael C. Irel nd, Chaftriian Date: 1 f STATE OF COLORADO } } ss. COUNTY OF PITKIN } ParTI MX Cla�r vice - Vice. Subscribed and sworn to before me by :.:; �a ^-eta e, Chairman, Chairman of the Pitkin County Board of County Commissioners, on p.v4usT 2 7 , 2001. WITNESS my hand and official seal. My commission expires: 12—o I-C / ary ub is 'APPROVED AS TO FORM: k t I l 3e�, Pitkin County Afto_, ey x ::QQ TOTE OF COS i:ARoONDALIS-UIrvch-Water Pipeline Easement Agreement I IIIIII IIIII IIIIII III IIIIIII IIIII IIIIII III IIIII IIII IIII 0a5�5 of 04:12P SILVIA DAVIS PITKIN COUNTY CO R 0.00 D 0.00 Water Pipeline Easement Agreement Town of Carbondale Page 6 EXHIBIT A A waterline easement situate in Section 27, Township 8 South, Range 88 West of the 6" P.M., Pitkin County, Colorado, and being twenty (20) feet in width and lying within an area extending five (5) feet west of, and fifteen (15) feet east of, the following described centerline: Beginning at a point whence the south '/4 corner of said Section 27 bears S 17°17'19" W 1389.54 feet; thence N 13°22'29" W 44.40 feet; thence N 06°04'12" W 104.2 feet; thence N 04004'33" E 423.45; thence 04°18'45" E 1414.79 feet; thence N 03°59'05" E 311.84 feet; thence N 04°22'28" E 293.14 feet; thence N 01 °29'11" E 119.39 feet; thence N O1°29'25" E 180.67 feet; thence N 08°57'45" W 226.92 feet to the point of ending. 458130 2OO 04:IZP SILVIB DRVIS PITKIN COUNTY CO R 0.00 D 0.00 CAR130NDALE-Uhych-Water Pipeline Easement Agreement WATER PIPELINE EASEMENT AGREEMENT This WATER PIPELINE EASEMENT AGREEMENT is made this ��day of 2001, between SUSTAINABLE CONSERVATION, INC., a Maryland non- profit rporation whose address is 1800 North Kent Street, Suite 1120, Arlington, Virginia 22209, THE CONSERVATION FUND, a Maryland non-profit corporation whose address is also 1800 North Kent Street, Suite 1120, Arlington, Virginia 22209, and the TOWN OF CARBONDALE, a Colorado municipal corporation whose address is 511 Colorado Avenue, Carbondale, Colorado 81623. A. Sustainable Conservation, Inc. owns certain property in Pitkin County, Colorado, which property is described in a General Warranty Deed recorded in the real property records of Pitkin County, Colorado on November 1, 2000 as Reception No. 448469. The Conservation Fund owns adjacent property in Pitkin County, Colorado, which property is described in a General Warranty Deed recorded in the real property records of Pitkin County, Colorado on November 1, 2000, Reception No. 448470. These two properties shall be referred to in this Agreement as the "Property." B. The Town of Carbondale owns and operates a municipal water system, which system includes a main water pipeline that traverses parts of the Property. The centerline of that portion of the pipeline that traverses the Property is described on the attached Exhibit A. C. On or about July 3, 1963, Joe Mautz and Angelina Mautz (predecessors-in-interest to Sustainable Conservation Inc. and The Conservation Fund) conveyed an easement to the Town of Carbondale for the main water pipeline. Such easement was recorded in the real property records of Pitkin County, Colorado in Book 206 at Page 165 (hereinafter referred to as the "Mautz Easement"). Among other things, the Mautz Easement required the Town of Carbondale to provide domestic water to one residence on the Property free-of-charge. The Mautz Easement describes a location for the pipeline that is different from the pipeline's actual location on the Property. D. In Case No. 99CV290, Garfield County District Court, the Court entered an Order on April 17, 2001 approving a Settlement Stipulation whereby the undersigned parties agreed to permanently terminate the Town's obligation to provide water to the Property and to enter into a new easement agreement that would supersede and replace the Mautz Easement. This Agreement is intended to constitute the new easement agreement called for by the Settlement Stipulation in 99CV290. WHEREFORE, in consideration of the mutual promises contained herein, and pursuant to the Settlement Stipulation and Order Approving Settlement Stipulation in Case No. 99CV290, Garfield County District Court, the parties further agree as follows: 1. The Mautz Easement, which was recorded in Book 206 on Page 165 of the Pitkin County real property records, is hereby vacated by agreement of the undersigned parties. Such document shall have no further force and effect, and shall be superseded and replaced in its entirety by the terms of this Water Pipeline Easement Agreement. 458130 CARBONDALE-Ulrych-Water Pipeline Easement Agreement I 11�1 III IIIIII1111111111111111111111111111111 age:I0of 04:12P SILVIP DAVIS PITKIN COUNTY CO R 0.00 D 0.00 Water Pipeline Easement Agreement Town of Carbondale Page 2 2. Sustainable Conservation, Inc. and The Conservation Fund hereby grant, sell, bargain and convey to the Town of Carbondale, and the Town hereby accepts, a water pipeline easement located within an area that extends five (5) feet on the west side and fifteen (15) feet on the east side of the line described on the attached Exhibit A (a total easement width of twenty (20) feet). Such water pipeline easement shall be for the purposes of location, construction, operation, maintenance, repair and replacement of an underground water transmission pipeline, together with necessary fixtures or devices used or useful in the operation of said pipeline ("Associated Fixtures"), which Associated Fixtures are used to deliver water to the Town of Carbondale's municipal water system. Such Associated Fixtures shall be limited to pipe fittings, pressure reducing valves, air release valves, and all similar appurtenant features of a water transmission pipeline, all of which features shall be located underground. Said easement shall include a right of ingress and egress over said easement area to survey, construct, operate, maintain, repair or replace said pipeline and Associated Fixtures. The Town shall also be permitted to use an existing ranch road that accesses the portion of the pipeline described on the attached Exhibit A from a point on the south end of the Property on the east side of the Crystal River to survey, construct, operate, maintain, repair or replace said pipeline and Associated Fixtures,. The owner(s) of the Property has the right to relocate the existing ranch road and to permit the Town to use the relocated ranch road to survey, construct, operate, maintain, repair or replace said pipeline and Associated Fixtures. The Town's permission to use the existing ranch road, or any replacement thereof, shall be in addition to the Town's right to use the twenty-foot wide pipeline easement area described above. The Conservation Fund and Sustainable Conservation, Inc., their successors or assigns, also reserve the right to require the Town to cease its use of the existing or any relocated ranch road in its entirety, except to the extent it coincides with this pipeline easement, and to require the Town to use the pipeline easement for ingress and egress to survey, construct, operate, maintain, repair or replace said pipeline and Associated Fixtures. The parties recognize that at present the pipeline easement area is not currently improved to allow for motor vehicle access along the entire length of that portion of the pipeline which traverses the Property. In the event that the Town is limited to the pipeline easement area for motor vehicle access, any improvements required to the easement area for that purpose shall be at the expense of the Town. Nothing in this Easement shall be construed as allowing the Town to use the Easement or any road as access for any purpose other than to survey, construct, operate, maintain, repair or replace the Town's underground water transmission pipeline and Associated Fixtures. 3. The Town of Carbondale shall exercise reasonable care in installing, operating, maintaining, repairing and replacing the water pipeline described herein, and shall hold harmless and indemnify The Conservation Fund and Sustainable Conservation, Inc. from any damage that results from failure of the pipeline or the Town's use of the easements described in this Agreement. The Town of Carbondale agrees to restore any surface disturbance resulting from the installation, maintenance, repair and/or replacement of the water pipeline described herein. The Town shall reasonably restore the surface of all disturbed areas to approximate their condition prior to the disturbance by restoring the contour and revegetating with a native seed mixture. Nothing herein shall be construed to obligate the Town to restore the contour of or revegetate CARBONDALE-Ulrych-Water Pipeline Easement Agreement I IIIIII IIIII IIIIII III IIIIIII IIIII IIIIII III IIIII IIII IIII 085 20a: 2 of 8 Page; 6 04;12P SILVIR DAVIS PITKIN COUNTY CO R 0.00 D 0.00 Water Pipeline Easement Agreement Town of Carbondale Page 3 portions of the pipeline easement area described herein in which a maintenance road presently exists or is constructed by the Town in the future. 4. The Conservation Fund and Sustainable Conservation Inc., as well as their successors and assigns, retain the right to use the property within the easement for any lawful purpose including the right to grant other utilities an easement for utility service but such use shall not unreasonably interfere with the Town of Carbondale's use of the water pipeline or Associated Fixtures described herein or the Town's right to access said pipeline or fixtures for the purposes described herein. In the future, The Conservation Fund and Sustainable Conservation, Inc., and their successors and assigns, agree to use reasonable care in installing utilities or constructing any other improvements in the vicinity of the Town's pipeline, and shall indemnify and hold harmless the Town of Carbondale for any damage that may result to the Town's pipeline from any such construction activity. 5. This Agreement shall be interpreted according to the laws of the State of Colorado and shall be binding upon and inure to the benefit of the parties, their heirs, successors and/or assigns. IN WITNESS WHEREOF, Sustainable Conservation, Inc., The Conservation Fund, and the Town of Carbondale have executed this Water Pipeline Easement Agreement on the date first set forth above. SUSTAINABLE CONSERVATION, INC. ATTEST: —A Marvla�rofit Corporation, v ftss,s Z S By President Cir w. N. iehard �. E�LIrnaNJ STATE OF_ !fr n ic, } } ss. COUNTY OF n Acknowledged, subscribed, and sworn to before me this 1) day of �)1y 2001, by 1 tci ttgj L. f=rdmann,President of Sustainable Conservation, Inc. -`� WITNESS mZ hftd.and official seal. My comtmsexxi-F%%Ses: 313t�o�1 a ' " OF ` . - Notary bliC :Y CARBONDALE-Ulrych-Water Pipeline Easement Agreement I IIIIII IIIII IIIIII III Iilllll IIIII IIIIII III IIIII IIII IIII Page:2000 Pa 04:12P SILVIP DAVIS PITKIN COUNTY CO R 0.00 D 0.00 1111111111111111111111111111111111111111111111111 458130 Water Pipeline Easement Agreement Page: 4 or e 08/29D 0. 04:12P Town of Carbondale SILVIR DAVIS PITKIN COUNTY CO R 0.00 000 Page 4 THE CONSERVATION FUND, ATTEST: a Maryland a non-profit Corporation, Cn. �umtrwlve4(+ti. B .ac yi c t— , President OF "rhl•'tI ti } ' } ss. COUNTY OF �r } Acknowledged, subscribed, and sworn to before me this k day of J U 2001, by {� 'clw c� � 41 Sei116f W rA?, —,President ofrhe Conservation Fund. WITNESS my hand and official seal. My ctitiwjission expires: 3I ado � C', r-z ,, : .a Notary Public cwz`,yn h N;P-r2 i t a THE TOWN OF CARBONDALE a Colorado municipal corporation, ohn Hier, Town Manager -SuzatL Cerise,Town Clerk STATE OF COLORADO } } ss. COUNTY OF GARFIELD } Acknowledged, subscribed, and sworn to before me this,2..Udday of , 2001, by John Hier, as Town Manager of the Town of Carbondale, Colorado. WITNESS my hand and official seal. My commission expires: Notary Kiblic j CARBONDALE-Ulrych-Water Pipeline Easement Agreement Water Pipeline Easement Agreement Town of Carbondale Page 5 CONSENT TO GRANT OF EASEMENT: The Board of County Commissioners of Pitkin County, Colorado, presently holds two deeds of trust that affect the property across which the above-described water pipeline easement will lie. These deeds of trust, both dated November 1, 2000, are recorded in the real property records of Pitkin County, Colorado, Reception Nos. 448476 and 448477. Pitkin County hereby consents to the conveyance of the Water Pipeline Easement described above and on the attached Exhibit A and affirmatively acknowledges that such easement is not part of the collateral described in the deeds of trust held by the County. BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO 97,4ella �� By: & / - lea tte A Dep County Clerk Michael C. Irel nd, Cha an Date: f � STATE OF COLORADO } } ss. COUNTY OF PITKIN } PA,„�s -cIn ,a,c vt« — v,cc Subscribed and sworn to before me by Chairman, Chairman of the Pitkin County Board of County Commissioners, on 0,v4usr P 7 , 2001. WITNESS my hand and official seal. My commission expires: II—01-0 / ary b is APPROVED AS TO FORM: 4ohft44y, Pitkin County AuQdtey a CARBONDALE-Ulrych-Water Pipeline Easement Agreement I IIIIII IIIII IIIIII III IIIIIII IIIII IIIIII III IIIII IIII IIII of 6 0`58Page: z 0 001 04:12P SILVIR DAVIS PITKIN COUNTY CO R 0.00 0 0.00 Water Pipeline Easement Agreement Town of Carbondale Page 6 EXHIBIT A A waterline easement situate in Section 27, Township 8 South, Range 88 West of the 6" P.M., Pitkin County, Colorado, and being twenty (20) feet in width and lying within an area extending five (5) feet west of, and fifteen (15) feet east of, the following described centerline: Beginning at a point whence the south I/4 corner of said Section 27 bears S 17°17'19" W 1389.54 feet; thence N 13°22'29" W 44.40 feet; thence N 06°04'12" W 104.2 feet; thence N 04004'33" E 423.45; thence 04°18'45" E 1414.79 feet; thence N 03°59'05" E 311.84 feet; thence N 04°22'28" E 293.14 feet; thence N 01029'11" E 119.39 feet; thence N 01°29'25" E 180.67 feet; thence N 08057'45" W 226.92 feet to the point of ending. II II II IIIIII II I IIII I IIIII II II I III III 4 0 0 2 01 04:12P SILVIP DAVIS PITKIN COUNTY CO R 0.00 D 0.00 CARBONDALE-Ulrych-Water Pipeline Easement Agreement