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Home My WebLink Aboutbocc.con.070.1981 r� ._ i ,`.. , ti:'' i . � '% ��-r�t . . ` i�'�--J � r � '� �y�� c�,:eE�",r.akar�F:iS.�..�r'it��.ns.i,�?_�iir f...�v:;,�_rti:�7':i�kwr�xt��=t'17K.�i{xs��1na��'Xi��'s�'a: . . '�tv h � ; � ` ' , ' � Reception � �,`'1 � � Recorded at 4:45PM October 21, 1981 Loretta Banner, Recorder � � �3�S6(3 . LICENSE A6REEMENT : CA 70(81) s��K41�i e��_�3`� THIS AGREEMENT made and entered into this 14TH day of 5�� > 1981, by and between ASPEN METROPOLITAN SANITATION DISTRTCT, a Colorada special district (hereinafter referred to as "Aspen Metro") _ and TNE BOARD OF COUNTY COMMISSIONERS OF PTTKIN COUNTY, COLORADO (hereinafter ; referred to as "County"). • WITNESSETH: WHEREAS, Aspen Metro has requested from the County permission to install � . a su6surface utility line (and appurtenance) within the Rio 6rande Right-of-Way, � and !4HEREAS u on com lian e ith ce t ' �` . P p c w r ain terms and conditions (hereinafter C`' `; I specified) the County is willing to make the right-of-way available by per- (� :, mitting Aspen Metro an imnediate license to install the uti7ity system 1':; �" agreeing to grant a permanent ("in-place") easement upon completion of the ,� _--�-�;;: ,f• :� ;#.. project, j'.,:: '�- . NOI�I, THEREFORE, in consideration of the mutual promises herein contained, � =f it is agreed by the parties hereto as follows: � i;; 1. The County does hereby grant to Aspen Metro a temporary license :�:. �;�i for the purpose of constructing and installing an outfall sevre r line with �'' ��i �manholes, together with associated equipment required above ground, a71 within �' ��; 'i-s the following described lands: �'� , � :. � ��; All of the 100-foot wide right-of-way described in the �� instrument at Book 243, Page 217 of the records of the Pitkin County Clerk and Recorder and formerly the real ,� �', property of the Denver and the Rio Grande Western Rail- road Company being 50 feet wide on each side of the �;� centerline of said Railroad Company's Aspen Branch main ; , track, as said track was formerly constructed and = operated over and across the SW; of Section 35, Township r. ;� 9 South, Range 85 West of the 6th P.M., and over and � across the NZ of Section 2, W% and SW;SE; of Section 1, NEq of Section 12 and the SWaNWa of Section 7 and that � part of the NW;S414 of Section 7 lying Westerly of the � Easterly bank of the Roaring Fork River, Township 10 ' ;�:� South, Range 85 tdest of the 6th P.M., all within Pitkin � `� County, State of Colorado, together with the bridges ' � over the Roaring Fork River and Hunter Creek. �:i �� 1 k ::� � �, . , �: .: : _�, �� , }:F .� .��.,�:a��.. _ . . _ ..:�� — _ ,� 1.� � c�� .:�;� � �(�,p� � r t?7."ik„�f�'_�+- ,�. ... . . . . • . .. . . . . . �1 1 . .. _2_ �t.,��y��Ra .� � F Y,+�'S�;"�� eoK416 rr,c�238 �;�=; . , J Together with the right to remove any and all trees, brush, vegetation, and obstructions within said strip of land when such is reasonably necessary for the exercise of the rights hereinabove granted. ; � 2. This license is conditioned upon compliance of Aspen Metro with ' # the following terms and limitation: �• (a) Construction Schedule. Aspen Metro shall begin construction = - " of an underground outfall sewer line along the paved portion of the + right-of-way described above within a reasonable time following the :`s • i. execution of this Agreement. Construction along the paved portion of this right-of-way between the Slaughterhouse Bridge and Castle Creek � shall not begin until after Labor Day (September 7, 1981) and must be , � completed before July 1, 1982. " : r (b) Construction Practices. Aspen Metro agrees, with respect r to its construction activity, that: '? (1) It will take all reasonable precautions for the safety of employees on the job and of the public, � and shall comply with all applicable provisions � of Federal, State and Municipal safety laws and � construction codes including the provision of � #, all necessary warning lights and barricades. ;� (2) All machinery and equ4pment, and other physical hazards, shall be guarded in accordance with ;;: the "Manual of Accident Prevision in Construction" � of the Associated General Contractors of America. :�. (3) All property damaged in the course of the con- '� struction of the project including, but not �; limited to, fences, sign posts, railings, culverts, ; _ pavement, and bridges, shall be restored immediately i; to as good a state as before such damage occurred. �; (4) The provisions of subsection (3) notwithstanding, s no more than a total of 3000 feet of paving shall �� be removed and/or damaged, ' �:� (5) Rock (smaller than one-half (2) cubic yard) and all excess earth, debris, underbrush), and other r useless material shall be removed from the site of the : project as rapidly as is practicable as the work progresses, and no materials will be disposed of in the river. � (6) All trenches opened near the existing bike path `` !� will be backfilled each evening. (7) All necessary permits for tree removal shall be � acquired from the Pitkin County Building Inspector : � prior to their removal or destruction. - ' � (8) Construction work on. the project shall receive � constant supervision by a competent inspector. � (9) A progress report shall be submitted to the County i ( in November, 1981, detailing construction thus ; far completed, and the upcomin9 completion schedule, 's:� ! '-.� , . � ��. 4.r�.. , r.-�415,,� �'�:_�'�a'l?``�;+ . � 1 ( �J h.��"){�e . �� . � . . . . f'. . .. . ' � � �� '',.fi?�fY:. � �. . � -3- ��a �oK416 �;.e:239 ;:��,� �'.N'.J4li.::�.•: • (c) Restoration. Aspen Metro agrees, with respect to its construction activity, that: (1) All pavement restoration sha17 be performed in accor- dance with County specifications. Minimum depth of asphalt 2", 6" road base, 8' paved width. � (2) Compaction under the paved path sha11 meet the ;. requirements of ninety-five percent (95%) proctor � density; and Aspen Metro agrees to, at its cost, ; � - - undertake necessary soil tests to demonstrate compli- ; ance with this requirement. � (3) All disrupted portions of the right-of-way shall be � reseeded with a U.S. Forest Service approved "high altitude" seed mix preferably before the winter of 1981-1962, but in no event later than the fiirst a available opportunity in the spring 1982. � (4) All culverts shall be replaced with 18-inch culverts, � (CMP), usable for the 1982 spring runoff. �. (5) Rocks in excess of one-half (a) cubic yards shall be ;; lined along the border of the path and arranged in a ` manner acceptable to the County Engineer. ;; (6) All restoration shall be subject to the final approval ' of the County Engineer. � 3: Aspen Metro agrees to furnish (prior to construction) a � ��' Performance (or other} Bond in an amount of not less than Ten Thousand � # ,� ;� ($1�,00�) Dollars from a surety or sureties listed with the U.S. Treasury Department payable to the County to guarantee pspen Metro's compliance with 3 the provisions of subsections (a), (b), and (c) of Section 2 above. In � p.. addition, a two (2) year maintenance bond will be provided for the asphalt in the amount of Fifty Thousand ($50,000) Dollars. �{ 4. The County agrees that upon completion of the project; full � :� compliance by Aspen Metro of the provisions of this Agreement; and tendering ? ; . to the County of an "in-place° centerline surveyed description of the im- �` provements made, the County will grant to Aspen Metro a twenty (20') foot ;� perpetual easement (10' on both sides of the centerline) for such improvements S'�� made; the County will grant to Aspen Metro a 20 foot perpetual easeMent (10' on both sides of the centerline) for such improvements (plus reasonable right of access thereto), for the purpose of repairing, operatYng, and maintaining ; � the improvements installed under the terms of this Agreement. Said easement � � shall be conditioned upon receiving prior approval of the Board of County � � S � Comnissioners for any entry and further subject to surface restoration and ! 3 repair meeting the reasonable demands of the County Engineer. � � 1 t 3 i a � y , �. v,�,�.. .. � . . . - � � ' � ... .. .. . . . .. ..... . . . _;�.`:�v`..'xd �� ` 7 _. �._.....4 . . .,..��,�..�...a,k .� . � 1�� . � � • . r � �, � . �� +�cik r� . , . ��Kf.'K', . � � ,. � � n�n 1 s�'"'h'��--—as.ii.ox-��.,ra�•x.r::i�-.s_';MS-. ..r W,.,w.:..'.. .-.._�...�..,..e.,..,..._,.,»�-.�.'.:�,...._��.,�.��''!'!^�_.W_.._. n r .- . ,. ..: -. _::.��! . . � -4- � {��* .. ',' . . �,�v,V?tir,�, sooK416 c�c�240 �`�-��`�f�� IN WITNESS WFIEREOF the parties hereto have executed this Agreement = �a � on the days and years noted to be effective on the date of last signature. '� _. � THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO r 21 OCTOBER, 1981 By' � Date: Ro6ert-!�. C i d, Chairman � ATTEST: + �� > Deputy Cler an Recorder � � - . � ASPEN METROPOLITAN SANITATION DISTRICT � � Date: Gc?. � /9&i BY� � r� ATTEST: # � � , S ;' ' - _ _ � 'i� � . •j � I `.:y%:.z . . . w ' ;.y: 1 , f . ..... ,� . . ..,�._ ..,....� . .... . _....."' .._...... .,. _ , ,..: ,, . �...:..�... . .. . _ ....:.... . ... '_ ! ... 1� - _. a._ .. . .. . . __ �'"` y � .t�wp��3. . . `+�� 1�':.�: . F '