HomeMy WebLinkAboutbocc.con.055.1996 � '�/G -SS ��i-;'�"'"'z.
�.. ':''
rr::~
;E'
.39'c'c74 �4/,��/96 �fi4:14F' F'G 1 QF 9 REC DOC UCC x;:`� .{�`;,•
� SILVIA DAVIS F'ITY,IN COUNTY CLERN. R RECORdEk �•�� �
� .c
ACCESS AND UTILITY EASEMENT AGREEMENT J . ��
�'.'
.�'
THIS ACCfiSS AND UTILITY EASEMENT AGREEMENT is made and
entered into this 29th day of April, by and between COUNTY OF
PITICIN ("Grantor"}, whose address is 530 East Main Street, Aspen, -
Colorado 81611, and MARR KWIECIENSKI ("Grantee"), whose address is �i.. "'.
C/o Aspen Club Properties, 730 East Durant Avenue, Aspen, Colorado ''"
81611.
WHEREAS, Grantor is the owner of certain real property ,
located in Pitkin County, Colorado, as described in Exhibit "A"
attached hereto and incorporated herein by this reference; and
WHEREAS, Grantee is the owner of certain real property
located in Pitkin County, which is adjacent to Grantor's real
property, and which is more fully described in Exhibit "B" attached '-
hereto, and in the Kwiecienski 1041 Hazard Review Map recorded in ��.
Plat Book �� at Page � of Lhe real estate records of Pitkin
County; and
!
WHEREAS, Grantor has agreed to grant an access and �
� utility easement to Grantee along an existi.ng road in place on g
Grantor's property as more fully described in Exhibit "C" attacYted �
hereto, and as depicted in the Easement Map attached hereto as 1.
Exhibit "D" and incorporated herein by this reference upon the �
terms and conditions hereinafter set forth; and -
M
" WHEREAS, without the access and utility easement,
� d Grantee's options for access are to apply for a variance aZlowing
him to build within the two hundred (200) foot setback, which would
create visual i.mpacts on the Highway 82 corridor, or to place his r
�'� road down a steep embanlanent which would create a significant road �
co cut. ��
u
a NOW, THEREFORE, in consideration of the foregoing �,
ra premises and other good and valuable consideration, the receipt and ;
6 sufficiency of which are hereby acknowledged, the parties agree as
i
"" POI.ZOWS:
�D '
°' 1. Grant of Easements.
i
� (a) Grantor hereby grants to Grantee a fifteen (15) .
g foot utility easement as depicted upon the Easement Map attached
hereto, which easement may be utilized foz the installation o£ 4
underground utilities servicing Grantee's real property, including, �
� without limitation, water, electric, natural gas, telephone and
� cable television services. This grant of easement shall be deemed ,
� to include a right of ingress and egress along the easement for � -
purposes ot installing and maintaining said utilities and for such -_
i
1• �
1
� i 1�=�;;
• �
e
. i
��.,. .
:t.��
392�74 04/3�/96 N4:14P PG � OF 9 �'� '�•� ,
��',:•,
other purposes as may be reasonably incidental to the use and `�
enjoyment of the utility easement. All of the utilities shal� be ''
installed underground in a good and worJananlike fashion. • �°
_� ,�
(b) Grantor hereby grants to Grantee a thirty (30) ,. .
foot access easement as depicted on the Easement Map attached
hereto. The access easement shall coincide with the location of
the road in place on Grantor's real property and shall inciude the
right for Grantee to construct an access drive off of Grantor�s �.�.'
road in place providing access to the building envelope on ; ..�:
Grantee's property. All work conducted by Grantee in connection r
with extending access from Grantor�s road in place to Grantee's �
real property shall be done pursuant to applicable Pitkin County - -
penmitting reqnirements in a good and worlananlike fashion. .
(cy The easements granted hexein shall be deemed
permanent easements constituting a benefit to Grantee's real prop-
erty and shall be deemed to run with the land.
(d) Prior to the commencement of any work on �
Grantor•s property, Grantee shall provide to Grantor a certifi.cate �,•
of insurance naming Grantor as an additional insuzed, which cer-
tificate of insurance sha11 be in an amount reasonably required by
Grantor and protecting Grantor from casualty and general liability
. n� clai.ms which may be asserted by any third party in connection with
'" Grantee•s work. Grantee shaZl be obligated to pay for all such �
o woxk in a timely fashion so as to insure khat na worlanan's or �
mechanic's li.ens are filed against Grantor's real property. In the I
event of any dispute between Grantee and any worlanan or material � .
� supplier which could result in the filing of any lien against �''=
� Grantor's real property, Grantee shall be obligated to post a bond �
�- or other substitute security to insure that no such li,en is filed
¢ or that it is discharged. i
�J
,g 2. IIse of Sasements. The easements granted herein sha1Z �
-+ be used solely for the purposes described above and for purposes `
�, reasonably necessary and incidental thereto. In the event of any
� alleged vioiation of the permitted uses of the easements granted
r•� herein, Gzantor shall provide written notice thereof to Grantee, �
� and Grantee shall promptly correct any such violation. In the
�� event Gxantee does not promptly correct such violation, Grantor
� shall be entitled to in'unctive relief and dama es if an
7 g , y, as well
as an award of all costs and attorneys' fees incurred in connection
� therewith.
m
� 3. Grantee's Obligations. With respect to the utility •
r� easement granted herein, Grantee shall be obligated to return any
portion of the easement outside of the access easement which is ;
disturbed by construction or utility installation to a natural
condi.tion at least as good as that existing prior to the com-
mencement of any construction or utility installation activities. �-
Grantee shall xeseed and revegetate the easement where disturbed -
and shall not allow any construction debris to accumulate on the _
i
2
� ' ��;,:«
-'� r
�a '
�,r
h ;l..
,�� �� '.
.:9��74 04/3Q/96 04:14D �G 3 OF 9 �.;:,_;:-.
�v ,.c�.
easement. Grantee shall obtain and maintain in effect casualty and '� `' _ ��
liability insurance covering Grantee's use and enjoyment of the �_. ,,
easements in amounts reasonably acceptable to Grantor, with ;�
Grantee's insurance policy naming Grantee as an additional insured. �
Grantee shall indemnify and hold Grantor harmless £rom any and all :'� '�.;v
claims, liabilities, losses, damages and costs of defense, � •
including attorneys' fees, which may be asserted against or j,"�.
incurred by Grantor as a conseguence of this grant of utility
easement or Grantee's use and enjoyment of the utility easement.
4. Consideration for Easements. Grantee shall provide �"
to Grantor upon �he execution of this Agreement the following � ;r
consideration: !
(a) $2,000.00; !� .�' -
(b) A fishing easement along the Roaring Fork River `
where it traverses Grantee•s property, which easement shall be
deemed to include that portion o£ Grantee�s property within the
Roari.ng Fork River and five (5j feet along the bank of the river
above the high water mark; and
(c) Grantee�s waiver of any claims against Grantor 't
which might arise in connection with the use of Grantor's pzoperty ��
. r� by Western Mobile Mix or other operator of the concrete batching j
-� operations located on Grantor's property or other futuze activities
0 or uses for which that site may be permitted by Grantor.
�
5. Miscellaneous. This Agreement shall be binding upon �-
u� and inure to the benefit of the parties hereto and their respective
� heirs, representatives, successors and assigns. This Access and � '��
8- Utility Easement shall be a burden upon Grantor's real property and
� ¢ a benefit to Grantee's real property, constitutes an interest in
�� xeal property and shall be deemed to run with the land. This
� Agreement shall be construed and interpreted in accordance with the
..., laws of the State of Colorado. Venue for any dispnte arising �
y hereunder shaZl be in the District Court of Pitkin County, k
m Colozado. �
. �
r•�
�U IN WITNESS WHEREOF, this Agzesment is entered into the
Sday and year first above written.
Grantor: Grantee:
a
� COUNTY OF PITKIN
iU
m
r� -
sy �..�-��.� `^ !1� C.�
MARK KWIECIENSKI
3 ' i
t .r;;>
. �';
� - r
A
.:I
+.�•�,.' .;ii . �:a ' fr ����rt � � ii�l! t`.. r�, � y..
>. _ -. :'Y: t:,_. . . .. i. .. . � . r -
�p ���'��?.
�{r t b�',',
i^C',�'�.,'.� 5.��.�:
t!
39�274 �4/3�/9E Q+4:14F' PG 4 qF 9 �k'"':�}"��
�t...�:ti'�:
;:, .�
5TATE OF COLORADO ) :�.
) ss. ' •
COUNTY OF PITKIN ) ' ',-,`�
The foregoing Access and IItilit� Easement Agree ent was
acknowJ.edqed and signed}before me this ��day of l:.-:a-�-�-� , ;r;
1996, by ,..'�':,,�<<. ?i- �t�.:`-- on behalf of tl e COUNTY OF �'�....
PITRIN. % `� :. "
WITNE5S my hand and official seal. ��r �
My commission e�cpires: 1
/l :,. , 1 �' ,
�.s,
�- ![(,.�'',o! ,�i.� i.',�'-v I.�:�. .
Notary Public �
j% � �
'
STATE OF COLORADO ) ji
) ss. ''
COUNTY OF PITRIN ) Y��•
The foregoing Access and Utilit� Easeme � Agreement was
acknowledged and signed before me this ,221 day of .
" 1996, by M2iRR KWIECIENSKI. !
WITNESS my hand and officia seal.
My commission expires: J`��/��a2lTUt� 1
LL ��R`(PUS��� /1
_ o = -
� Notary Public �
o �
.n y�rr+•�" O
t7 � o��'
a �rE'oF c�'
¢
"� 4�PP�o""� �'j r5oec �-aN-��
9
�. y I
P S
h7
`i J .
� ' .
07 y .
6 �
A:;'
S �
S
�� � �
O�
r7 .;
� —_
1 �
4
(�
� . . • �' .
, .
r
" - �.
.
',� .
•�.�, '�' . .
•...f
. .., ... . . ,.. .,_. . _ nM��iafk�.�,......�
r�w�.
t
���� '
3 .
39227�+ �+4/3@/96 04:14F ��6 � ' ��
OF 9 ,;S_;�'�t•.
!.,
�,
EXHIBIT"A" A,
A tract of land situated in Government Lots]0 and 14,Section 8,Township 9 � .{. .
South,Range 8S West of the Sixth Principat Meridian,Pitkin County,Colorado.
r,. �.
��
, �
392944 +2�5/c�?/9b lA:c7A PG 7 OF 13 `
� -_
I
i
� . �,�L, .
. , `x
<<
,
.,. '
�
`�, .
�N.. �
'u%
�-�:;�"'.
�;,%.._,
`'"._4�,;
�i;.Yt;
EXHIBIT "B" -
��i..
A tract of land situated in Lot 10, Section B, Townsh.ip ,�+,,,
9 South, Range SS West of the Sixth Principal Meridian, '.
Pitkin County, Colorado, described as follows: Beginning
at a point on the northeasterly right-of-way line of
State Highway No. 82 whence the Southeast Corner of said
Section 8 bears S. 23°48'45" E 1771.80 feet; thence N.
41°31' W. 300.00 feet along northeasterly rzght-o£-way ,
line of said State H9.ghway No. 82; thence N. 48°24' E.
454.80 feet to the center of the Roaring Fork River;
thence S. 44°42' E. 144.52 feet along center of the
Roaring Fork River; thence S. 51°47' E. 158.25 feet along �
center of the Roaring Fork River; thence S. 48°29' W.
491.05 feet to the point of beginning,
Toqether with any and all ditch and water rights
appurtenant and used ia connection with the above
described land; sub ject to a right-of-way and easement of
Rocky Mountain Natural Gas Company, Inc., more fully
described in Document No. 112282 in Book 145 at Page 43S
of the records for Pitkin County,
County ot Pitkin,
' State of Colorado.
�92274 04/�0/96 04:14R F'G 6 OF 9
�
.:929k4 Q�5/^c3/96 10:27A PG 8 OF 13
1 -
�
i . ( . . � `:,c- .
. r .
� ,
a
y�� .
.t.,�_ . � � �
•:)
�r:':�.::
�- _
�:,,';:-;
39�274 04/3�b/96 Q�4:14F� F'G 7 OF 9
EXHIBIT "C" '
e
ti.
A strip of land being 30.U0 feet in width, situated in ;±
Section 8, Township 9 South, Range 85 West of the Sixth -
Principal Meridian, County of Pitkin, State of Colorado; c�
said parceZ lying 15.00 feet on each side of the follow- r�?
ing described center line: �
�
Seginning at a point on the northeasterly right-of-way of
Colorado State Highway No. 82 from which the Southeast g '
Corner of Section 8, a U.S. Government Land O£fice survey c.\n
standard brass cap monument bears S. 30° 43�00" E. �� .
2850.24 feet; then the following courses: � ,
�
' 1) 61.00 feet along the arc of a curve to the right, `r
having a radius of 123.53 feet, a central angle of �
28°17'33" (chord of which bears N. 58°53'08" E. 60.38 -.
feet); �;i
2) 96.71 feet along the arc of a curve to the right, D
having a radius of 204.01 feet, a central angle of n
53°16'30" (chord of which beazs S. 80°19'S0" E. 93.27 �
feet); iO
3) 50.88 feet along the arc of a curve to the right,
having a radius o# 527.57 feet, a central angle of o
' 05°31�34^ (chord of which bears 5. 50°55'48" E. 50.86 �
feet) .�
4) S. 48°10'00" E. 429.64 £eet; �`'
5) 84.76 feet along the arc of a cuzve to the left,
having a radius of 260.32 feet, a central angle of ,
18°29'22" (chord of which bears S. 57°29'42" E. 54.39
feet);
. 6) 53.26 feet along the arc of a curve to the left,
having a radius of 68.12 feet, a central angle of
44°48'O1" (chord of which bears S. 89°13'24" E. 51.92
feet);
7) 164.46 feet along the arc of a curve to the right,
having a radius of 114.93 feet, a central angle ot
81°59'08" (chord of which bears S. 70°37�50" E. 150.79
feetj to the Northerly line of that parcel of land
I described in Book 212 at Page 368, the terminus, from
, which a rebar and cap, PLS #27613 (Witness Corner} bears
N. 48°29'00" E. 20.37 feet, and also from which the
Southeast corner of said Section 8 bears S. 18°31'26" E.
2163.32 feet,
containing 28,222 square feet (0.647 acres), more or
less,
County of Pitkin,
State of Colorado.
' .
�"' '
� - ;
.� '
;,
`:3
r^
�
..,-.�.'",.w' -; .. � .,[7� �i1 ���.
� �
. y `�S
Y... ,
. t'
�M
\ °�`,
� LyA �t
`
S+'�� � . � "i.t:
� ^ ��
� �:l^�"_ ._ � -- `..... _ _.. _Ja�. $�. � ��.,�p���F� ~``,q.' ` � �
. . `,�`� / ��� ' ^9�.� ,.
`a=_� t ' ''''' �� �f �e s-�,`. (;4•�-..
� •.�1`E �'�, _� �� �/��,.� .
� ��M''c�,�:'?�--� �' �� .
�, � � �� �
. �,, - � i�' ` �
\.--.�'"'%%` `\ E .> !'� �S� � ,
� � �
/ ^`� ;� ��,:s�� �10 0� ,
��` g-s; `e. �;, "�� �°; �•�, rr
�,,{���� h �j 1/ `d � `;
Yf x'/ t � '+Y �c�+r�� •
lC�"�i?~����i 5�3�rs'� y o P_p � t.
`�*g' s,_„ `'"¢- :�,�,',m�`i] PH. .
�" �% t� .�.cS, �� :u 7[�! ��`a l`
.i:,s� .,�� +41 ��,����� c-,��b s �`
-f � c�"� �F'��°t��j ds
� .�` p
4 4������'x�� 5; �v.� �r' ��'
� -� � ,�nM '` `aRR;�ti'6i,��S�`�''`��`;i�'. `'c`°�t�y
� � �"a '
��a � -� �li���a5f�t��#� E�'� p���'y
t i°•:� :=3k�►,�t�= �`� � ti
. i;9x y95 �,�. ��� o
� � ���a�i i� �ct j.�, ``��° � 4 ,
''6�i�!l, �.E �t t�' �.,
.' ��iiE `s:�s- ;�
�Lt g� 9�9� � x3 ' b:y
� �����e 9 e[��d �� �n . s
7tY.,�'�j��` • 4 jtgy��� !.�:5�.5��� � .
��'4$,�� 1 ?i��._i ``��;6� W .
9
, �� Lan '�: ` .
v '6 � . y"
ti a�� ��� . ,•�, .
g •,•.
s��
o � ,,.� a ,�,���,�i'�`� _ /_
� � 9 ,i.y �t•
-.,g`� ��iQ�,E:r 6.�gq��x;5��` �i�. �... =
, cu +°q� �'< �� `Y`11�{����§� '+`e�'4'�� � i ,`t:"" ��
� ' 9 az ..
�' ' �•6a'� ��`R��eA6������t�� � . �,;-
- a,��C�:�r� ,,��.�.�� ' -
� cs , �9�� �., � �
�, . ����� � �� �i�� :,- ,
a, ^n��3ot 4 a¢� i� t, 1
. g �6`�E
d" .
��
. � ' �:..�
� �F L� \ .
n, pG 1�' '
P
�a� Vy+9h 1Q.�� t`�
�
4!✓�r ���� �
3�Y�ytt �,s�u o.i'�t"J'"
o+°`
f
4
�
f
>,.. , .. . .... , ... .. �-• . . . �,_ -
�+�����,
�:;.�;'�.
���y`F ti�.
. '_;"
RELEASE ANB WAIVER OF CLAIMS .i� .r,
. ?.
THIS IS A LEGAL DOCUMENT AFFECTIN6 YOUR RIGHTS - READ CAREFUIS,Y �'-` �:��
�.•; '
KNOW ALL MEN BY THESE PRESENTS, that I, MARR KWIECIENSRI `�
(~Kwiecienski~), have released and discharged, and by these
presents do hereby forever release and discharge the COUNTY OF �:�° ''
- PITKIN (the "County"), the insurers, successors, employees, guaran- •:�.,:T_�`:
tors, agents, and assigns of such party, of and £rom any and all
liahilities, clai.ms, demands, controversies, damages, costs, and
causes of action, and all other losses or damages of any kind ar -
- nature, known or unknown, liqnidated or unliquidated, caused by or .
resulting from, or hereafter resulting to me or in any way related �,
to or in connection with the use of the County's property by � `
Western Mobile Mix or other operator of the concrete batchinq
operations located on the County�s property or other future ,
activities or uses for which that site may be pezmitted by the r-.
County. � �
-i'�� ;M��
Witness my hand at Aspen, Colorado, this �`� day o£ April, v',
1996.
/��v`�X �`'"J-�R�ci.�-�..�� /
MARR RWIECIENSKI
;-.
i
392�74 04/3Q�/96 m4:14P PG 9 OF 9
392944 05/23/96 1�:�7A PG 21 OF 13
r
�
i:
I
o -
�'.
t •
.r --
! 1 '-
� (
�
- � .. . � . � �.;'," .
i �!-
ti
� � '
•
;Y� , .
�'v'::: .:"_. .
'.uJ