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Home My WebLink Aboutbocc.con.049.1981 ___ -- - -W.�.�� :, '*�,� , . � �f�. .L� L Fj�-'"�v�-'�c'IF.�F:�aai�ki4::5.'�.+,�3�.-inrarm..l,�i:?-[. . .'s.e..�a ..S�f^�M.L+i:..L.:IYT�}.RY'.:i+Ai`M'r.sttixan,f"u�;a�aa''�,'i:s:W'ts�,�. �;n��a.�i•„�,. ,t� la � Kc E^ `r ,: ` ,�..;,. ... �� , . r S. � �.Recordeii at 3:45PM October 5, 1981 Loretta Banner, Recorder Reception 0 �3'��56��ry � ,�. � AGREEMENT 2 . ��1.�� ,,,:__45� CA 49(S1) 3" THIS AGREEMENT, made and entered into this 22 day of � ,�, June , 1981, by and between VIRGINIA ASPEN . :, CORPORATION, d/b/a HOLIDAY INN, a Colorado corporation ("HOliday Inn"j, and THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF '+ PITKIN, as the governing body of Pitkin County, Colorado, and on � «. �« its behalP ("County"), *� WITNESSETH- WHEREAS, the Holiday Inn is the owner of certain real �� property situate within Pitkin County, Colorado, more particularly �a ��;' described as follows: �' That part of Lot 20, Section 2, oE Lot 14, ��: Section 3 and of Lot 5, Section 11, a27. in Township 10 South, Range 85 West of the 6th - P.M., described as follows: . � Beginning at a point from whence the Northwest corner of said Section il bears North � �'=�� 24°56'39" West 34.78 feet; thence North 37°02' �°� East 715,23 feet, more or Iess, to the South- ?.;.� westerly right oE way line of State Highway �;;� N'o. 82; thence along said right of way on a curve to the right having a radius of 5780 feet, an arc distance of 676.9 feet, the chord of said curve having a bearing of North 41°42'09" West and a chord distance of 676.51 feet; thence South 47°26' West 423.94 feet; thence South 42°34' East 47.7 feet; thence �'- South 47°26' West 71.06 feet; thence South 41°54' East 383.35 feet; thence South 47°26' i West 133.36 feet; thence South 41°59' East � 160.2 feet; thence South 22°09' East 228.72 c�. feet, more or less, to the point of beqinning, County of Pitkin, State of Colorado. _; AND, WHEREAS, the Holiday Inn, in anticipation of the adoption of an amendment to the Pitkin County Land Qse Code com- �:.' monly known as the Lodge Preservation Clause, wishes to assume � �certain obligations to assure the County that the adoption of the amendment to the Land Use Code will be in the public interest, L . NOW, THEREFORE, in the event the County, prior to � ,��lr�� Jk�e ��- �a�-�B, 1981, adopts a Lodge Preservation Clause as an amend- ' ment to the Land Ose Code in the form of Exhibit "A" attached � i � , � M ,^.��l� � � . . q"6y . }'•��rA��..ri� . . -i~ . -- �----�..�... � ___ - � .,� ��..� � �� {i, �`��.`.�,.`�� ; �� , � � � � _ � . . ��yT :-I`. _ 'i�Y',f, • ':�;'S,•'.`. �.��7 ��k:+ii� 17'iHiA�� . �:.;r �, i_' ; hereto and incorporated herein by this reference, and in con- sideration of the mutual benefits to be derived herefrom, the i parties hereto agree as follows: f ' I 1. On or before November 1, 1982, the Aoliday Inn sha12 . . - reduce the two access points to its Property now existing from � � State Highway No. 82 to one entrance (which term includes both � � ingress and egress) of sufficient width, grade and location to 4 ' �. accommodate ade vatel and ; , q y properly the traffic needs of the � Holiday Inn; provided, however, that the Holiday Inn is furnished (t±� ' all necessary approvals and permits of all regulatory agencies � � for the design and construction of such appropriate single i j entrance; and provided further, however, that apprOpriate accele- i � ration and deceleration lanes, signs and lighting indicating the � � location of the Holiday inn, and highway markings and traffic i\ - .. control devices, on State Highway No. 82 are provided or al2owed. � . ,�. i: '� 2. Upon completion of construction of the entrance, and as � soon thereafter as weather permits, the Holiday Inn will landscape 4 , its Property parallel to State Highway No. 82 so as to appropri- ately screen the Holiday Inn improvements from State Highway i No. 82. "Appropriately screen" means landscaping designed to substantially decrease the visual impact of the Holiday Inn's �� - - � i = improvements on travelers on State Highway No. 82. It does not { ? ; mean that such improvements may not be partially visible to such travelers through the screening. 3. The Holiday Inn will maintain as employee housing those areas of the Znn presently used for that purpose (or comparable � substitutes); provided, however, that this undertaking may be : waived by the County on request of the Holiday Inn if it shall F demonstrate that maintenance of employee housing on site is unde- � , ' sirable qr unfeasible; and provided further, however, that the � � ,' Holiday Inn need not maintain employee housing if, due to a change � ; in the 2aws, rules or regulations which were in existence on May 7, 1979, the now existing employee housing is or becomes unlawful, ! � I � or is condemned by proper authority. ! I � -2- K , . . ' . . ( . - .. . � 1' ��;R,:.,,:a�� • _ _ �._.�,. � ____.._- ;.�, ,:,, '� -i �p�,�'��C�� . �?�A � � �Q�78:.!�:�*r�S„�..3%�*�:,a6?�FF;.q':,.F?:t......:[r � -.. ..t�seo. -_. :,.z:anur:.t�'a-._.�sr..�:�i._.'..._:.e�_:..,.�:::_;.::��.:::=:r. .. . r �i fl ' I , ' ��ryY�^��•., (�a.�4 � � _.��i� .;.:Qs1 ��n"�',. . �:�. .:. 4. The Holiday Inn will execute the Avigation Easement attached hereto as Exhibit "B°. ; 5. Subject to Sections 5.3, 5.5 and 6 below, the Holiday Inn will quitclaim to the County an easement for a strip of land j thirty-two (32) feet in width adjacent to the Westerly right-of- way of State Highway No. 82 (except the Northern one hundred (S00) feet of the strip shall flare out to be eighty-two (82j feet in width at the Northern edge of the strip), for use by the County �� as a frontage road or bus road, including the western shoulder �; thereof, by executing the Easement Agreement attached hereto as � Exhibit "C". �. The portion of the property to be burdened by said ease- T ; ment is generally described as follows: � j� Commencing at the Northeasterly corner of the ' � Property, thence in a Southeasterly direction �s_ �,'� along the Easterly edge of the Property to � '� the Southeasterly corner of the Property, �; � thence in a Southwesterly direction along the Southern edge oE the Property for 32 feet, thence in a Northwesterly direction to a point � S00 feet South of the Northern edge of the Property and 32 feet Southwesterly of the Easterly edge oE the Property, thence in a �+ Northwesterly direction to a point on the � Northern edge of the Property which is 82 feet Southwesterly of the Northeasterly corner of the Property, thence in a Northeaster2y @i- � ;' rection to the point of beginning. The exact legal description of said portion shall be determined and inserted in Exhibit "C" prior to its execution. ,Y •. 5,1 Subject to Sections 5.3, 5.5 and 6 below, the Holiday Inn will grant to the County a Construction License cover- � ing an additional eight (8) foot wide strip of its Property South- westerly of the easement described in Section 5 above, for use by the County in conjunction with its construction of the frontage � road or bus road, by executing the Construction License attached hereto as Exhibit "D". The exact legal description of said strip ` � � shall be determined and inserted in Exhibit "D" prior to its � execution. � � i t � s _3_ -� !�"� N''� ,, _ __. � . _.m 7.,::.`�;;� -, � i* :.,�y . 4 �''�a. I�^��.>'�.f`�'�"'�',e' «n� a••,.}sr F�� - ti� M�p'� t4?. r �:�v� -•�...�- 1 i.�;cs-xc;,L:nx.7a'.�',es�..�l�.��a:�a�.d;�!.o, r. ..7±'-a«r��r.;=S,.�a.�r..�. �w �'�1`.t,�'�w.tcs�sr+�.�t�'��'..�' ` '�lv' . , . 5tf1�:q��,1: i;:y::::::; : � �o�415 ��.�:462 5.2 It is understood that the easement to be given will be used only as a frontage road or bus road appurtenant to State Highway No. 82, that the Construction License will be used only � in conjunction with the construction of the frontage road or bus � � � road, and that the improvements will accommodate properly and ade- quately the traffic needs for entrance to and exit from the _ i Holiday Inn property. Subject to Sections 5.3, 5.5 and 6 below, � I the xoliday Znn will execute said easement, Exhibit "C" hereto, � and said Construction License, Exhibit "D" hereto, at such time �� as the final design of the frontage road or bus road has received final approval by all authorities which must give their approval; � t the design complies with the conditions set forth herein and in � ' the Easement Agreement, Exhibit "C" hereto; all funds neceasary � � i for the construction and completion of the frontage road or bus In.�. • /` Lr: a �+' road are available for the construction and completion thereof; y � � ownership of said easement and Construction License by the County ; � is necessary for the commencement of actual construction of the frontage road or bus road; and the Chairman of the Board of County Commissioners of the County of Pitkin submits to the Holiday Inn ; an affidavit certifying that these conditions have been satisfied. � � . 5.3 The Holiday Inn's obligations hereunder to convey � , the easement and Construction License, Exhibits "C" and "D" here- to, shall cease and terminate if they have not been conveyed by November 1, 1988. 5.4 In the event the Holiday Inn submits, within ten � (10) years of the date of this Agreement, an application for spe- cial review use approval pursuant to the provision of the Code, `t� and the County requires as a condition to its granting approval � that the Holiday Inn dedicate land or donate cash in lieu thereof, � • for any reason, then the land or the value of the land (valued at � the time of the required dedication or donation, as though no easement had been conveyed, and as it now physically exists) to ! � � be desaribed in the Easement Agreement, Exhibit "C" hereto, shall ! ! i i t a _4_ � :.,t_`:!�an^�?,o , , ' `) ~.��i�p�� . !", . _-_ . _ _ i _ ` �a .;�� „ � i.:y K�� . .._.. —}��;:��;f�;.. . . �,'17`,, i,i � f l � �� .. . � . ,�w��:,. � r,..�:. ': � L•:'ltYt-).:.'.* _ . �ooK415 �,��463 - be deemed a credit in favor of the Holiday Inn, in complete or , partial satisfaction of any such condition. ! i , 5.5 The County may release the Holiday Inn from its '• � ' obligations under this Section 5 at any time in the County's - _ � discretion. 6. If as a result of or in connection with construction work on the easement property and/or the use of the Construction '-, ;. License any landscaping installed pursuant to Section 2 hereof or a 's otherwise existing is damaged or destroyed, the County shall pay ?� �'�� to the Holiday Inn the cost of replacing such landscaping with t material of like kind, quality and quantity and of otherwise � also a to the ��, restoring the landscaping. The County shall p y ` Aoliday Inn the cost of constructing a comparable single entrance �� from the frontage road or bus road to its remaining property, and '.� a _ the cost of repairing any other damage to the Holiday Inn's re- � " 1� �� f � � maining property, including such things as installation of � replacement curb and gutter and paving for the parking lot. This Agreement may be amended or modified only by a rF ;' writinq executed by the parties hereto, their successors or � � assigns. � i The rights and obligations herein contained shall inure r� ,.� si ;�..� to the benefit of and be binding upon the parties hereto and their successors and assigns. `, %j : ATTEST: VIRGINIA ASPEN CORPORATION `; e �/ (�, � ,� BYz��ilA �.�. �' G�Gh..�! Secre ary � �� STATE OF COL O ) 3 )ss COUNTY OF PITKIN ) 'r The foregoing was acknowledged before me by �� and fu.�h�f'd L. R�-�dleN , the pI�!l�lP,�tt" . �l,Li� res ectivel , of the Virginia Aspen � and Lf , P Y � � � i # � i1 1 1 i { fi � i � � -5- a� "j ; _ � �rr _ • ;a.Y:r{'i�Y �::..;.;,�::,,� , ,..,,... :,-.�.,:.,: �.- �as � - . ' i� ��i � 4 r� . �.. �3�y,n' �- .. . �l� �, e� .�� ._._ .....-- ,��- T �;,�... h'r•_.�� -- . ', �, .. . �a,. "�"x'a•M i`� yti+=,`^i,+,'`„�--„e "ii�'��"��' r - �.,..�4' �'tSnF��a"[�.:.we:�rdusr.�y?§�}'y:Y►$la�'r-ftf..f c:�r�+�[cx:�.11uit:zSkfwt:f6.+1T�.��.a'tS��-r:S.� - ...� giiL;��:�`.�'t�.��..sr�r�� . �,•• .. ,•j �.:. 1�:. q;�4{�� - . aycis�::•�., . � . �iri'L�ir... . s�or;41� �_,,..,464 : � Cdrporation, this ,1i�nv day of �, 1981. Witness my ; hand and official seal. ' . : -, �ly Commission expires July 2,1983 � � %'• My commission expires �. `�J, �. , .. " `•-ti-"��'f" � f � . , __ _ p�g��,��:' Notary Public ` � '•Si;.''•... %'��,,� j , �t` "'�c'' � . The foregoing Agreement, its terms and conditions, was i OF ��."' '�o•,n.m m��:�� approved and agreed to by the Board of County Commissioners at � 22nd June - its regular meeting held this-3bt-h day of 3a�ua�-y, 1981. ; � � BOARD OF COONTY COMMISSIONERS �e : ATTEST��?"�_ 6 PITKIN COU�7TY, COLORADO / n (�il • � / /7/i� � �� BY: i%/�P-��Y'G��C�-fiLG�� t Lewis Scanlan Robert Child � . Deputy County Clerk Chairman ;. ; APPROVED AS TO FORM: �j ' :y��rz�-.�l'l7��%G�J � Sandra M. Stuller � � County Attorney �f� STATE OE COLORADO ) i" # )ss COUNTY OF PITKIN ) �} � r; The foregoing was acknowledged before me this 24 day of June , 1981, by Robert Child and ` Lewis Scanlan the Chairman and Secretary, t� � respectively, of the Pitkin County Board of County Commissioners, k 4 Witness my hand and official seal. �� ;s ,.,.::�. �. < . �':,�;:• JI .. , , My commission expires November 26, 1983 �_ ; . �,.: � �;I$E�4L),� : . . .�-�cl��"lc�v � _ v. :_'�,;,'�.,��_�c,�o � �,:"�o,� � . F � � I , ,;.... � � ��:�:>° , 1 � � `� � ¢ + � � j _ , � f i a % -6- � .�� . ?,::;,�:,�..::: _ __ d _ —-._. _ , j...��.:� . . � . � . . � y � �` � ��'�� _�.y;}�_ , _ .. ;.� . �:� >�. ..��""��YK��rF]�'S��tO�l.�.l��.�3�+'�.."�..�IIi1��XM[��1F�?uFY�Yai.+�..� �I>�i;,��, ��f-+ ��rj� . p; q�� tt4` 5 � ' � � I�Y�ak .. � � . 4�or,415 �;.U�465 Exhibit "A" Lodge Preservation Clause I � All hotel, motel and lodge uses that were lawful when established and continuously so used thereafter shall be entitled to continue 'and be deemed allowed uses; provided, however: - �� i ' f (a) The use cannot be enlarged. � • (b) Any change in use shall not be to a use of a t lower or less restrictive classification, but i rather to a use of the same or higher classifi- - cation, and only on receipt of special review � use approval pursuant. to the provisions of � . the Code. a : � (c) The use cannot be restored if all of the structures r , above the foundation have been destroyed, nor resumed if discontinued for more than one year, `' unless special review use approval is received � pursuant to the provisions of the Code_ The � ' use may be restored and resumed only in sub- stantially the same form and location without � � enlargement. g �,°� (df• With respect to discontinuance of use for one �. � year, the submission (and diligent pursuit) _.' of a good faith building permit application �� within said one year period shall toll said `� period, and the use may be resumed on com- � pletion of construction, provided that the same is resumed within thirty (30) days of issuance of a certificate of occupancy. � �a -- : �� `r>" � �;: - :3 '�. ;,, j ��g ' f � i � � � . . . . � � . � � � _ � f r�� .� ' �. � . � . � i � :� ; ; . ; � . , � - � ,�.. � � . � :� ' � � <;� ; . � � � E=,,,�, .� �?"71'�nim.�....!c'.s.a::.wra.i3.'�.#i.c:a-�.,ra�..•-,..�%-__. ,:n...t.�. -.r,+.:��__�..,s,Ct.�-��7-f..�.?ti:;YS'•.tr'`e�t+L..�I_�..�::..i3'..�,..:��ylts. :-x.�ai:.KaYi»u�;� - ' ��' . r,� . �^ 'r _,. �; ' RECORDED AT 12:25 P.M. 22 JULY, 19R1 LOREITA BANNF,R, RECORDER �,�5 �a .S- ' . , � � � -� ��.4 . �`� � 4�-_'..'2.�1 . .'�'�� " ' � Ni. �' R!�'�4337 �� ::�.._�(� �CEPTION �k Exhibit "B" � AVIGATION EASEMENT �' - •. t� - - WEiEREAS, Virginia Aspen Corporation, a Colorado corpora- tion, hereinafter called the Grantor, is the owner of that certain parcel of land situated in the County of Pitkin, State of Colorado, more particularly described as follows: � , That part of Lot 20, Section 2, of Lot 14, � , Section 3 and of Lot 5, Section 11, all in Township 10 South, Range 85 West of the 6th P.M., described as follows: ' y;• Beginning at a point from whence the Northwest corner of said Section 11 bears North 24°56'39" West 34.78 feet; thence North 37°02' East � - • 715.23 feet, more or less, to the South- westerly right of way line of State Highway .f No. 82; thence along said right of way on a � curve to the right having a radius of 5780 feet, an arc distance of 676.9 feet, the chord # of said curve having a bearing of North � r �t' 41°42'09" West and a chord distance of 676.51 � i� R feet; thence South 47°26' West 423.94 feet; �; thence South 42°34' East 47.7 feet; thence ;; ` South 47°26' West 71.06 feet; thence South � , 41°59' East 383.35 feet; thence South 47°26' ;� West 133.36 feet; thence South 41°59' East ! 160.2 feet; thence South 22°09' East 228.72 - feet, more or less, to the point of beginning, � County of Pitkin, State of Colorado. i: NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the �` Grantor, for itself, its successors and assigns, does hereby sell and quitclaim unto Pitkin County, Colorado, hereinafter called {: the Grantee, its successors and assigns, for the use and benefit of the public, an easement and right of way appurtenant to Sardy Field for the passaqe of all aircraft ("aircraft" being defined 1 _ � for the purposes of this instrument as any contrivance intended for carrying one or more persons, now known or hereafter invented, � i • and used for flight in the air) by whomsoever owned and operated, in all air space above any improvements from time to time situate � � 4 on Grantor's said property, to an infinite height above Grantor's i � i. , ` �r,, -y:,w- "::"''-`•� y::,_ ,��,.!�� . � -:. �.��fl � . f �� 5 .�''fi'� �'� `� � t Y )� ��l�: •:,�� .i4. � . ,,��3�`'""'`!��"''��„,...�.�ir��us�►mYi�.a,k�E.� .�:...�a��a�ws�.a�::�Mr,.�r.� `�- : ��` d��.$si�xa��rae�.�%:e��7��i��:�:�i:'� , . .��W.<: . s�:,or,4�� P±t�_46� <�f:�' . ��=a,::�:::;. � �00�411 rr,�e5�2 � ; � said property, together with the right to cause in all air space , i above said improvements such noise, vibrations, fumes, dust and fuel particles that may be caused by the operation of aircraft 1. J landing at, taking off from, or operatin9 at or on said Sardy � • _ - � Fie18 in conformance with all applicable statutes, rules and regulations. TO HAVE AND TO HOLD said easement and right of way and all rights appertaining thereto unto the Grantee, its successors � . and assigns, until said Sardy Field shall be abandoned or shall p 1: cease to be used for public airport purposes, it being understood i and agreed that these covenants and agreements shall run with the � � land. � i TN WITNESS WHEREOF, the Grantor has caused these pre- � °° sents to be executed this 20 day of MaY , 1981. � -_ �. E � �� :i !� , VIRGINIA ASPEN CORPORATION, � A Colorado Corporation � � . By.�.�u�� G� �3��,.� � _ President � � ATTEST: {` i-, Secretary STATE OE COLORADO ) �` .'_ ,� ) ss. CODNTY OF PITKIN ) The foreqoin instrument was acknowledged before me this .ZO�fvday of , 2981, by �,,Y,M,•-A-�tvu� Tr,_ _ . President of Virginia Asp Corporation. Witness my hand and official seal. � .�;, My commission expires: ��m��on explres luly 2,1983 � �, ',`r � l/A�hwv�Pi�^� i � = :FS�EAL) � ; _��'','`,V"(� ;n'� Notary Public , _ . -o- - j ; - '�,`._A'J l3��':`o.� i �,`. :'N ! � �f:'0� c��° � � � r i -2- t �s i • ` .�;?�i•i�="t-.:�.7 . � . ` 7 .. _ . ...,..-1._ _.._. ,. l.' ''.�r.,. ".J � . `�r��:� _ . . � 9J3'�:�.y� . � . . �l�'�f��sl'�ii:��)1�L.'`.�'�`;�.`�.�"°�..".'�'�i�'i.�..s3.a_.�'sriki..:x.[.�':.:�'��.s..a�iN:.r..,,..w__:'s...a:.i:;i�l:tt:�`:�r`�ia�'t�.�st�a,aui�:;�xt,e'ti+tr.L�.n:�"',� ,"�...�:^ �7i:'iiM�fL.'SVV: � Y ' ��M �i� . �.��7t � �"�" � s�u�415 r+��468 ��'>'�. _. � . . � C '� Exhibit "C" � EASEMENT AGREEMENT ! �. I �� . = .#. IN CONSIDERATION of the sum of Ten Dollars ($10.00) and � other good and valuable consideration, the receipt and sufficiency �,' of which is hereby acknowledqed, VIRGINIA ASPEN CORPORATION, a � '~�- Colorado corporation (hereinafter "Grantor"), does hereby sell I� i , �• and quitclaim unto TAE BOARD OF COUNTY COMMISSIONERS OF THE COQNTY OF PITRIN, COLORADO, as the governing body of Pitkin County, � ' � Colorado, and on its behalf ("Grantee"), an easement over and i �. �'�. across that certain parcel of land lying and being in the County �'"t of Pitkin and State of Colorado, said easement being more fully �;. ri�' described as follows: ; ��'�':A' i i� ;��:� (exact easement legal description to be supplied) `:Tl,� subject to restrictions, covenants, easements, licenses, ri hts- b..'� g �� of-way, leases, deeds of trust, agreements and other matters of , ��;: i,. - ;:1 record. ;' 3�. 'r .�: Said easement is for the purpose of building, maintain- ing, repairing, and improving a frontage road or bus road appurte- ��= nant and adjoining to Colorado State Highway No. 82, provided that the westerly eight (8) feet of said parcel shall be used only as �: t a shoulder for such frontage road or bus road. No structures or � improvements, other than highway signs and signs of the Grantor, �4 shall be constructed or maintained on said westerly eight (8) feet. ; Grantor reserves the right to deposit on said westerly eight (8) � feet any snow removed from its property contiquous to said � westerly eight(8) feet. � � A. This easement shall continue so long as the following � conditions are satisfied: ; � ; � � y .� : v-j;.. 4. '} ,. ,`�;C�'• ' • �.�¢`:, , c i`.ti� . _ ._.�.-- � ---- � -.-- , '• -,� ,t. ,4 , k � � �;��,j ., k uT.aOw 1 . ±� � `�.:.��YM�1:4i�L�li'..�•�L•bw�rl....�•%A�n.7l..l.ia-...� ..t�-ai�:.tiarS:i��[....av-6.i��:1��')'��}�.V'�{L...N.+,....`.�5.`..ryt..v:'CIL...�il2+Li�.::d7CS��!:1.�:_'� ( 1�� • .. �'�r�� y2`"�. �::�,. G`, • �� 415 �;��4�9 ,; 0..::, �; 1. The frontage road or bus roa8 shall be designed, >� constructed, and maintained so that vehicles may exit from the � � arterial lanes of State Highway No. 82 and enter Grantor's remain- f ing property which is contiguous to the easement herein conveyed (the "Property"), and may also exit from Grantor's said Property and enter the arterial lanes of State Highway No. 82 at the same point, by traveling no more than fifty (50) yards. �G'� 2. There shall be allowed a minimum of two (2) access s."� oints between Grantor's Pro ert and the fronta e road or bus ' , ,� P P Y g �. �' road, and the slope of the access roads connecting GrantoY's Prop- - w:._ erty and the frontage road or bus road shall be constructed at a �h"c grade not to exceed eight (8$) percent as measured along the � ��. certerlines of the access roads. x�: � *i`: S. This easement shall automatically and forthwith cease �'�',�� and terminate and be of no further force or effect, and all rights � � �`;�� ' herein conveyed shall automatically revert to the Grantor, its ' i - successors or assiqns, at such time that: ' : `.z 1. Any of the conditions set forth herein are not ;.�� satisfied or cease to be satisfied; or f� 2. The property herein described ceases to be used - - �r � �; for a frontage road or bus road appurtenant to State Highway No. ,� 82, or �: 3. The State of Colorado, the Grantee, or any other authority or entity, excluding public utilities, seeks to condemn r-. gi any property of the Grantor, its successors or assigns, which is � contiguous to the easement herein conveyed. ;+ C. If this easement terminates pursuant to Sections B(1) or B(2) hereof, and Grantee desires to continue to utilize the � property conveyed by this easement ("easement property") for any purpose, Grantee shall promptly institute condemnation proceed- � : j ' ings, and such easement property shall be valued in such proceed- � ings as though this easement had not been conveyed. i � � If this easement terminates pursuant to Section B(3) i � � hereof, and Grantee is the taking authority, Grantee shall include -2- w' M.. . 'h`F,�� 1� a� � ✓�`S?,1.''i; ' . . � . . • �. ��F� . 4`:>�i:� � � � . �w � '��.�:_::w��.:.�,..�...::,:.._ _ ._. ....�:.._..�..�__.__�. . :.__�..� ..��..__�........... .:.�..,. ..�_:.. .� _.�.,.�.�. . _ . r�T( " � . ��4F�}`.•. t� ��i�r`f�c7 '� r��'. . �`r`y; e,: �470 r.�..., � such easement property in its condemnation action, and it and the other property of Grantor sought to be condemned shall be valued ' in such proceedings as though this easement had not been conveyed. D. Grantee shall cut weeds, remove debris, and otherwise �: . keep and maintain the shoulder (westerly eight feet) of the ease- � ( ' . -- ment herein conveyed in good condition. ( E. The rights and obligations provided for herein shall inure to the benefit of and be binding upon the parties hereto I f ' and their respective successors and assigns. IN WITNESS WHEREOF, the Grantor and Grantee have caused � ; �N. these presents to be executed this day of , 198 . � ATTEu^T: VIRGINIA ASPEN CORPORATION, a Colorado Corporation By � Secretary President �_ r ATTEST: THE COi7PiTY CODfMISSIONERS OF THE � COULQTY OF PITKIN, COLORADO � . � . By F STATE OF COLORADO ) i ) SS. I COUNTY OF PITRIN ) L; The foregoing instrument was acknowledged before ( '; me this day of 198. , by � ': � , President of Virginia Aspen Corporation. � Witness my hand and official seal. �' � My commission expires: � t (SEAL) � Notary Public STATE OF COLORADO ) � ) Ss. COUNTY OF PITKIN ) � . � The foregoing instrument was�acknowledged before me this day of , 198_, by , j � � i � 1 � 1 � I I -3- 1 _ . r .._ . -'��'�;;�.'tir-'.�„�: � , ,,t..�=>:; -•, � � � f.:i•-�3 - . � , ' ��_�s� . . ' . ... . ��. i � .� , . ' � _. . . �. � .. . ._ ' .._. ��..,::.:. �:.,u.�..-....:� �....:ai$i.a• —��jR._.:..ri.'�.sr" '�.a�'� i`-i�i:.�`lfc: 'tt'..�'ril��il2'�9�f1��iSi=- , . ,r: yyy��s �aY�..�. . � „ � 3,�7,., . 1 � �. �. . � . - . . � . . . � . ^. s , i� e+ . . " ' , � � � . .- . . . A SS „� 2 � '� I�'�1-f.i'+t•_� . $:r;;�� 'AGr�!� I i_ of the County Commissioners of the County , of Pitkin. Colorado. Witness my hand and official seal. rIy commission expires: ..,.jj— � � . . � � � � . � . (SEAL) � i� � �� t � �-. � `.� � �- ----�� , �. ...:.1;: , . . ,�' . . . . . . � . � 1� z � ; :� � � - � �:� � _ t >� � ;�: ' � :�� N f � .'�•• { � - ' i '� � � .�� * _4^ _ i 1�, � _ _.. .. '�+r?-;r�,?✓} ;., , . ;;4 �:� 't�� i,�?� . tt `�"�5�5��:a,:�..�a.rr.:.w:.u.,�s sr.— _ ,,: �._, . -_. ..., ______.�_.....__ __._._...__ �� .. _w __ . .�,.., !� � {��tr�: �1 . �j �i•;:.�'.. e . � F'•:YC;j� . ` �;,�;;4�.5 �;��.4'72 .f , Exhibit "D" CONSTRUCTION LICENSE � � IN CONSIDERATION of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowZedged, VII2GINIA ASPEN CORPORATION, a ,, Colorado corporation (hereinafter "Licensor"►, does hereby grant to THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF PITKIN, �� . 4 COLORADO as the governing body of Pitkin County, Colorado, and on its behalf (hereinafter "Licensee") , a construction license to use that certain strip of land lying and being in the County of �' Pitkin and State of Colorado, said strip of land being more fully � - � described as follows: �+'�� i � #.. , (Exact legal description to be supplied) subject to � �::[ restrictions, covenants, easements, lxcenses, rights-oE-way, a leases, deeds of trust, agzeements and other matters o£ record. ` Said construction Iicense is for the purpose of per- ' mitting licensee to utilize said strip of land for purposes inci- � dental to the construction of'a frontage road or bus road appurtenant to State Highway No. 82 (as such frontage road or bus '� road is provided for in that certain Easement Agreement ["Easement .��.�.: c:�;. � ��' Agreement"] between the parties hereto of even date herewith). � Gr ,,� Said purposes shall include movement of construction machinery; construction of drainage structures (including culverts and head walls) and installation of underground utilities; and sloping of said strip of land between the westerly edge of the shoulder of � the frontage road or bus road and the remainder of grantor's adja- cent property. No structures other than those hereinabove pro- ' I � vided for shall be erected, constructed or placed upon said strip f of land by the County. I � � ' ..• .aTi;'. ' . ..: . . • . . . f�'=�� "�1 i:.�;;.;_.:,�js.�_°i� . ;: t �,ry �� ,�ti,�� ' � s r. ��"� . .� . .,.�, .� . � r t .r e;'J"'��aF, k`�� +��ni�..'��^". y".w.-��,�}}��-e y�,�, ��' �: ^h'.pes`4 .a�i.tfi,_, �� ti.� { ..;�t1��'L�i/� �� e �^y,'�fryr��q.i'rf#�'4:)��.ra�)_I��i,"�,+�. Y... y � y . f 1 .'".;, r'. .��ra':7K��.�'- .i��e..:..,u6.'u'�:a�:a:,�,l��'s.laaU:-��`.�y.Y��Gi:.'�t�� '' �: �i+�eYYtmtnM��it::�u�� t .j ��n� Cia'�'ats�-. r 1 � ��K41� ;��4"73 This construction license shall terminate upon the i earlier to occur of (1) one year after the date hereof, or (2) f � completion of construction of the frontage road or bus road pro- ;� • vided for in the Easement Agr,ement; provided, however, that � • _ Licensee shall have the continuing right to enter upon said strip � � of land for the purpose only of maintaining and repairing drainaqe 3 � structures and underground utilities. � Licensee shall be responsible for, and shall at its �4 i expense promptly replace, repair, and restore to its original !�`' i I � condition, with materials of like kind, quality, and guantity, any landscapinq or other improver�ents which may be damaged or �� destroyed as a result of its use of this license or its exercise j of the rights herein provided. �'� '. This Agreement shall be binding upon and inure to the � �_ - . ; benefit of the parties hereto and their successors and assigns. y�'I -_r'f, �'�I # Nothing herein contained shall be deemed to restrict Grantor in i, � the use or ownership of the property burdened by the construction . license herein gran�ed, except as any use may be inconsistent with i' the rights granted hereunder. This license may be amended or modi- � ; � fied only by a writing executed by the parties hereto, their � � �'` . . 4M1 . �.li . -� successors or assigns, i� Executed this � day of , 198`. ,� . �' VIRIGNIA ASPEN CORPORATION * ATTEST: BY= � � ` � '� Secretary � THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF PITKIN, COLORADO � � � � � u ATTEST: By: `s. ' i i - F �,� Secretary � l 1 '�� 4 � :�� 1 i � � i � � i -2- ,• 1,�'�°'�' ,,.� ` ! �.��:t''k't:T'.�� :�}��;.iv`� , � �!�iv��_,_. _`.. .:.::..�::...�..,....-,......._.�..,--. ..r. ._ ._... .- .�sa«_-_.Y.k'.a,BCS.ikRL�.�'�' ��k'..a�ni'G'aiitiid�tiew`�.`'�lvfl77lt�'r'' +n f. ��i .�"4 R�. r, � ,�� . �� x' � . � � �,�.�, � . ,�; � � i . s��4.�5 r;�.4�4 ; STATE OF COLORADO ) � ) ss. COUNTY OF PITKIN ) I The foregoing instrument was acknowledged before me this day of , 198 , by - President of Virginia Aspen Corporation. � Witness my hand and official seal. 1'�y. commission expires: (SEAL) I Notary Public � �4 STATE OF COLORADO } ) ss. ` COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this day of , 198 , by , of the County Commissioners of the County of Pitkin, Colorado. Witness my hand and official seaL .__�r� My commission expires: � �. ��: � � (SEAL) . � � � � +� Cn� y , Y�� :��'.i � � � . �: 4 � � � � ' � I f � � ._.��.' . . � _f � :� f ..' � . � } � � . ��..:,-� . � � � . , 1 1 ..:�'r.�� . . . . "'.'�.?:..� .. . . .>',`.� � . � . �' � . ��_�':-� . � � � .'� -3- � , � ri� ..... . ._. .._.......... . ..... ... � A�^'AY�;-y.=�� , . f t.?'1 d,'.�,4�! .