HomeMy WebLinkAboutbocc.ord.019.2012 RECEPTION#: 590625, 07/16/2012 at
�" p� 09:28:17 AM,
���"��Q►(r`'r# l d'd�� 1 OF 9, R $0.00 Doc Code ORDINANCE
� ��_ ��� � Janice K.Vos Caudill, Pitkin County, CU
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��- ���� � ORDINANCE OF THE BOARD OF COUNTY CONIMISSIONERS
OF PITKIN COUNTY, COLORADO ACCEPTING TEMPORARY CONSTRUCTION
EASEMENTS AND A PERMANENT EASEMENT FROM PROPERTY OWNERS ALONG
COAL CREEK ROAD FOR THE COAL CREEK CULVERT REPLACEMENT PROJECT
ORDINANCE NO. D/ -2012
1. Pitkin County(the"County")owns and maintains County Road 3D (Coal Creek Road)
which is intersected by Coal Creek approximately 13 miles up valley from SH 133 in Pitkin
County, Colorado.
2. Salvatore Rubino owns property adjacent to Coal Creek Road known as Lot 6 Redstone
Unique. Richard Simpson owns property adjacent to Coal Creek Road known as Lot SA
Redstone Unique.
3. The County will be engaging in a culver replacement project due to a failing culvert and retaining
walls. The project consists of removal of an old, failing culvert and adjacent walls and replacing
with a new culvert, head wall, and wing walls.
4. The County is seeking temporary construction easements from Rubino and Simpson in
order to replace the culvert, attached hereto as Exhibits A and B respectively
5. The County is also in need of a permanent easement from Simpson for placement of a
portion of the headwall structure on the private property, attached hereto as Exhibit C.
6. Both Rubino and Simpson consent to and authorize access through their property as
delineated on both the temporary easements and on the permanent easement.
NOW, THEREFORE,BE IT ORDAINED by the Board of County Commissioners of
Pitkin County, Colorado that the Board does hereby accepts the temporary construction
easements and permanent easement from Rubino and Simpson and authorizes the chair to
execute such easements in substantially the form approved by the County Attorney.
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INT ODUCED, FIRST READ, AND SET FOR PUBLIC HEARING ON THE�DAY OF
.,� 2012.
NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE
ORDINANCE PUBLISHED IN THE ASPEN TIMES WEEKLY ON lr'� � , 2012.
NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE ORDINANCE POSTED
ON THE OFF CIAL PITKIN COUNTY WEBSITE(www.aspenpitkin.com ) ON THE � "�
DAY OF �i �t 2012.
ADO TED AFTER FINAL READING AND PUBLIC HEARING ON THE //� DAY OF
2012.
�
Ord# d�� -2012
PUBLISHED BY TITLE AND SHORT SUMMARY,AFTER ADOPTION, IN THE ASPEN
TIMES WEEKLY ON THE /��. DAY OF 2012.
ATT T: BOARD OF COUNTY COMMISSIONERS
c �
By �,c.� By: -
Jeanett ones Michael M. Owsley, Chairman
Deputy ounty Clerk
Date: 7//" �/�
APPROVED AS TO FORM: MANAGER APPROVAL
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John Ely, Courtty A� ney Jon Peacock, County Manager
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EASEMENT REGARDING COAL CREEK CULVERT RECONSTRUCTION
This easement regarding the reconstruction of a culvert conveying Coal Creek under Coal Creek Road in
Pitkin County, Colorado("Agreement") is made and entered into this,l/�day of /
2012 by and between Richard Simpson("Simpson")and the Board of County Commissioner of Pitkin
County,Colorado ("the County")
RECITALS
A. Coal Creek Road is a county road located in Pitkin County, Colorado.The County owns and has
management authority over this road.AI!communications shall be routed to:
Pitkin County Public Works
76 Service Center Road
Aspen, CO 81611
With a copy to:
Pitkin County Attorney's Office
530 E Main St#302
Aspen,CO 81611
Richard Simpson
750 Coal Creek Rd
Redstone,CO 81623
B. Simpson owns that certain parcel of real property(the"Simpson Property") located in Pitkin
County, described as lot 5A Redstone Unique and more fully described in the attached exhibit.
This property is situated to the southwest of Coal Creek Road.
C. The County is scheduled to reconstruct and enhance certain aspects of Coal Creek Road during
the summer and fa(I of 2012.As part of its reconstruction,the County will be replacing the
existing culvert that conveys Coal Creek adjacent to the Simpson Property, and will be
constructing necessary head and wing walls to retain the roadway adjacent to the culvert
crossing. In the course of these improvements, certain additional activities will take place within
the right-of-way between the paved surface and the Simpson Property. Additional grading and
dewatering may be necessary to minimize impacts to adjacent lands.To maximize efficiencies it
will be necessary for construction workers to enter on the Simpson Property temporarily in the
vicinity of the work, and the parties wish to provide a temporary construction easement for this
purpose.All construction activities shall be carried out at the County's expense.
D. In general the area needed for access is located adjacent to Coal Creek Road immediately to the
west-southwest of the road. It includes an area which may be graded to gain access to the creek
and the area between it and the roa�dway and the area. A more detailed depiction of the
construction easement area is delineated in the construction easement with its own exhibits.
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substantially prevailing party shall be awarded its reasonable costs and attorneys'fees and costs
incurred in connection therewith
5. Insurance.The County agrees that it will promptly add Simpson as an additional insured on its
comprehensive general liability policy for purposes of liability or claims that arise out of the
County's activities within the Construction Easement.
6. Whole A�reement;Severabilitv.This Agreement is fully integrated and represents the entire
agreement between the parties. If a court of competent jurisdiction finds or holds any part of
this Agreement to be void, unenforceable, invalid,or illegal,the remainder of this Agreement
shall nevertheless be continued in full force and effect.
7, Recitals.The Recitals contained in this Agreement are hereby made an integral part of the
Agreement.
8. Authoritv.The Signatories to this Agreement warrant that they have full authority to act on
behalf of and bind their respective organizations to the terms of this Agreement.
/ � --
DONE THIS / b DAY OF —� �"� 2012:
The Board of County Commissioners of Richard Simpson
Pitkin County
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EASEMENT REGARDING COAL CREEK CULVERT RECONSTRUCTION
This easement regarding the reconstruction of a culvert conveying Coal Crgek under Co I Creek Road in
Pitkin County,Colorado("Agreement") is made and entered into this /���t day of (�U�
2012 by and between Richard Simpson("Simpson")and the Board of County Commissioners of Pitkin
County, Colorado("the County")
RECiTALS
A. Coal Creek Road is a county road located in Pitkin County,Colorado.The County owns and has
management authority over this road.All communications shall be routed to:
Pitkin County Public Works
76 Service Center Road
Aspen,CO 81611
With a copy to:
Pitkin County Attorney's�ffice
530 E Main St#302
Aspen,CO 81611
Richard Simpson
750 Coal Creek Rd
Redstone,CO 81623
B. Simpson owns that certain parcel of real property(the"Simpson Property") located in Pitkin
County,described as lot 5A Redstone tJnique and more fully described in the attached exhibit.
This property is situated to the southwest of Coal Creek Road.
C. The County is scheduled to reconstruct and enhance certain aspects of Coal Creek Road during
the summer and fall of 201Z.As part of its reconstruction,the County will be replacing the
existing culvert that conveys Coa!Creek adjacent to the Simpson Property, and will be .
constructing necessary head and wing walls to retain the roadway adjacent to the culvert
crossing. In the course of these improvements, certain additional activities will take place within
the right-of-way between the paved surface and the Simpson Property. Additionaf grading and
dewatering may be necessary to minimize impacts to adjacent lands.To maximize efficiencies it
will be necessary for construction workers to enter on the Simpson Property temporarily in the
vicinity of the work,and the parties wish to provide a temporary construction easement for this
purpose.All construction activities shall be carried out at the County's expense.
D. In general the area needed for access is located adjacent to Coal Creek Road immediately to the
west-southwest of the road. It includes an area which may be graded to gain access to the creek
and the area between it and the roadway and the area. A more detailed depiction of the
construction easement area is attached here to as Exhibit A.
, �,
Agreement Regarding Coal Creek Culvert Reconstruction:
Pitco/Simpson
Page ( 3
5. Whole A�reement;SeverabilitY This Agreement is fully integrated and represents the entire
agreement between the parties. If a court of competent jurisdiction finds or holds any part of
this Agreement to be void, unenforceable, invalid,or illegal,the remainder of this Agreement
shall nevertheless be continued in full force and effect.
6. Recitals.The Recitals contained in this Agreement are hereby made an integral part of the
Agreement.
7. Authoritv.The Signatories to this Agreement warrant that they have full authority to act on
behalf of and bind their respective organizations to the terms of this Agreement.
� ��
DaNE THIS�DAY OF .� 2012:
The Board of County Commissioners of Richard Simpson
Pitkin County
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EASEMENT REG�lRDING COAE CR�K CilRVERT RECONSTRUtTION
Tliis Agreement regardingthe recanstrudian af a culvert sanveyJr�g Coa!Ct eek under CoaJ Geek Koad in
Pitkin Covaty,Coiarado�"Agreement")is made and es►tered inio this�day of
20�2 6y and between Saivatore Ruhtno("Ru6itro"}and the Baard of County Commksfoners kkin
County,Colorado�"the County�'}
RECtTALS
A. CoalCreek Road'u a county raad located in Pi;kfn County,Colo�ado.'fhe Courtty owrrs and feas
ma�agement authority overt�is road.A!1 commernicatFons shal!be�outed to:
Pitkin Coamy 4�ublic Works
76 Servi�e Center Road
Aspen,CO 81611
With a copy ta:
Pitktn Courtiy Rttomey's Office
530 E Main St#302
Aspen,CQ$1611
Salvatore Rubino •
P.Q.Box 25Q ' �
Carbondafe,CO 81623 .
B. R�rbino ownsthat certain parcef of real property{the"Rcrbino Propetty")located in P1Lkin
County,described as fot 6Redstone uniqueand morefufSy described in the aKached.exhibk.
This properry es adjatent to Coal Creek Road to the nor[heast. ,
C. The Co�rtty is scheduied to reconscrud and enhance certain aspects of Caal Creek Road in 2D12.
As part of its recoastruction,the County wFtt be replacing the extsting cufvert that conveys Coai
Creek adjacertt to tAe Rubino Property,and witl be cortstructing necessary head and wing walls
to retafn the roadway adJacent to ihe cuhrert crossing.In the course ofthese improvements,
certain additional act3vltles w71 take place within the right-of-way between tf►e paved surFace
and the Rubino Property. �ldditional gradtngat►d dewatering may be necessary to minirimize
impactsto adjacent fands_To maxiFlnize etEictencies it wit!be necessaryfor cahstruttiort.uior�cers
to enter on the Rubino Propertytemporari{y in ihe vicir►ity aft6e work,and�he pat[ies wish to
provide a temporary conmuction easement forthis purpose.A!1 constru�tion adivhfes sha(t be
carried out at the County's expense;
U. In generet the area needed for access k toCated adjatent to Coai C�eek Road Smmedtatelyta the
nartheast otihe culvert to be replaced.{t inctudes an area graded to galn access to the creek
and tfie area between it and the roadway(the"Upper Rubino Entrance"1 and the area to che
narth of ihe cufvert indudirsg the creek and the area graded to the cre�ek j"Graded Area and
/�
Jul 17 12 11;52a p�Z
Agreemem Regarc�ing Coal Geek CuiveR Reconstruction:
P�tco/Aubino
IZ
Creek). A mare detaifed depldion of the constrvction easement area is aiYached herero as
Exhibit A.
FVOW THER�EORE,im m�sideration of the fo�egoiRg recJtals and the covenants coatained herein,
and such other good and valuable consideration the suffidency of which is here6y acknowtedg�,
The Couaty and Ruhina agree as fotlaws:
1. Temooraru Canstractian Easemeni.
Rubino herebygrants ta the Board a non-exclusive temporary construction easement in ti►e locatians ,
deplcted on Exhibit A Eor the purpose of rep(acEngthe cutvert,instailing the head and wing walts,attd
perfo�ming other construrtion adivities necessary to repair a►u)sEabli'ize the cutvert and raad
� {hereinafter referred to as the"VHork").This construction easement provides the Couniy(inciuding its
ageMs,representatives and cotriradorsti with che rights of ingress and egress to and fram the area of
the Warlc,withthe rightto perForm necessary anc�Flary Work wfthin tbe construdton easement itself,
and with the rlght to perform reclamatiow and restoratfon work vvithin the construdion easement once
the YVork is compieted.Tiie Covnty sha(!also have the righY under the corutructton easement ta
4emporari(y store materiais and equipmeRt,artd to stage coastruction activities necessary for the Wofk,
The boundariss of the consiruction easemeni{the"Construdfon Easement Area"j,and the routa of
)ngress and egress,are depicied on ExhCbit A attached h¢reto. The parties anticipate that[he �
� construction easement sha�t be used primarily i�summer and autumn of 2Al2 to perform the Work.
7he parties anticipate that some furiher maintenance use af tf►e co�struqEon easement may be ���.
necessary after that date,Gut anticipate that such use shall be rar� Any part nr parts of the Rubino
PropeRy,(nctudiag wttfiout IfmitatFan the Construction Easemeat Area,which are damaged or disturbed
during the prnress of tbe Work,sfiall 6�promptiy restared by the County at ifie Caunty's eKRee►se.
2_ Reciamation bv Courtty. Caunty shafl restore any areas of the Rubino Property fmpacied by the
use af thisternporary construdion easement[otheir�rfginal condition afterthe compleEEon oF
work on ihe culvert and ad]a�erstwafls.This Endudes areas ar delineated in ExhibitA as the
Upper Rubino Entraace,and Graded Area to Creek and aey wark eo restora f�vw to the headgate
("headgate°}.
3. Attornevs'Fees.fn the event the interpretation or enfortemeat of this Agreement should ever
�ecome the subjed af litigation,arbltration or mediatian 6etween the County and Rubino,the
substantia►Iy prevailing parey shatl be awarded Pts reasonabie costs and attaroeys'fees and costs
incurred in conneetion therewlth
4. Insurance.The County agrees Yhat il wilt promptly add Rubino as an eddftFonaf i�sured on its
comprahensive general fiabil'�ty polecyfor purposes of liabilfty or ctaims that arise ovt of the
Count�/s acUvittes wtthin the Co�struction Easement.
5, Who1e A¢reemeert:5everabilitv.'fhis Rgreement is fulty iotegrated and represents the endre
agreemertt hetween the parfies.if a court of competent jurisdiction finds ar hoids any part of
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,1u1 11 12 11:53a p 3
Agreement Regarding Coal Qeek Culvert Retonstrutti0n:
Pitco/Rubeno
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this Agreement to be void,unenforceable,invalid,or ilfegal,the remainderof this Agreement
sbad nevqtheless be cont[nued in fufi force and effed.
6, R c a s.The Recttais contaEned fn thls Rgreernent are he�eby made an integrat part of the
Agreement.
7. A orit The Signataries to this Agreement warraotthat they have full author'rty to act on
behai!of and bind tfieir respedlve arganlzatiom to ihe terms of this Agreemeni.
DONE THiS �� DAY aF V Ll-L C_I .2012:
The Boarrl of County Commissioners of Saivatore Rabino
Pitki County
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RECEPTIQN#: 590626, 07/1612012 at
09;28:78 AM,
��t�TF�ACT#,��aC��- 1 oF 3, R $OAO Doc Code EASEMENT
Janice K.Vos Caudill, Pitkin County, CO
EASEMENT REGARDING COAL CREEK CULVERT RECONSTRUCTION
This easement regarding the reconstruction of a culvert conveying Coal Creek under Coal Creek Road in
Pitkin County,Colorado ("Agreement") is made and entered into this /�� day of l� ,
2012 by and between Richard Simpson ("Simpson")and the Board of County Commissioner of Pitkin
County,Colorado("the County")
RECITALS
A. Coal Creek Road is a county road located in Pitkin County,Colorado.The County owns and has
management authority over this road.All communications shall be routed to:
Pitkin County Public Works
76 Service Center Road
Aspen, CO 81611
With a copy to:
Pitkin County Attorney's Office
530 E Main St#302
Aspen, CO 81611
Richard Simpson
750 Coal Creek Rd
Redstone,CO 81623
B. Simpson owns that certain parcel of real property(the "Simpson Property") located in Pitkin
County,described as lot 5A Redstone Unique and more fully described in the attached exhibit.
This property is situated to the southwest of Coal Creek Road.
C. The County is scheduled to reconstruct and enhance certain aspects of Coal Creek Road during
the summer and fall of 2012.As part of its reconstruction,the County will be replacing the
existing culvert that conveys Coal Creek adjacent to the Simpson Property, and will be
constructing necessary head and wing walls to retain the roadway adjacent to the culvert
crossing. In the course of these improvements,certain additional activities wifl take place within
the right-of-way between the paved surface and the Simpson Property. Additional grading and
dewatering may be necessary to minimize impacts to adjacent lands.To maximize efficiencies it
will be necessary for construction workers to enter on the Simpson Property temporarily in the
vicinity of the work,and the parties wish to provide a temporary construction easement for this
purpose.All construction activities shall be carried out at the County's expense.
D. In general the area needed for access is located adjacent to Coal Creek Road immediately to the
west-southwest of the road. It includes an area which may be graded to gain access to the creek
and the area between it and the roadway and the area. A more detailed depiction of the
construction easement area is delineated in the construction easement with its own exhibits.
�C
E. A permanent easement will be necessary to complete the work. it is delineated on Exhibit A and
B.This area shall be twenty feet(perpendicular to Right-Of-Way) by twenty-nine feet (parallel to
Right-Of-Way).This area is in total sum equal to 584.02 square feet more or less.
NOW THEREFORE,in consideration of the foregoing recitals and the covenants contained herein,
and such other good and valuable consideration the sufficiency of which is hereby acknowledged,
The County and Simpson agree as follows:
1. Permanent Easement
Simpson hereby grants to the Board a permanent easement,which shall run with the land and be
binding upon the parties and all of their successors and assigns, in the locations depicted on Exhibit A for
the purpose of ensuring proper installation of the culvert, head and wing walls necessary to repair and
stabilize the area. The County shall be authorized to permanently install and maintain such structures
within the permanent easement area,and shall have rights of ingress and egress across the Simpson
Property to accomplish those purposes. Simpson shall not alter the structures once in place.
2. Easement area.A tract of land situated in Lot 5A, Redstone Unique as described in the Deed
recorded as Reception No. 375279 in the office of the Pitkin County Colorado Clerk and
Recorder, lying in the SE1/4 of Section 18,Township 10 South, Range 88 West of the Sixth
Principle Meridian, Pitkin County Colorado, being more particularly described as follows:
Beginning on a point on the Southerly line of the Coal Creek Road Maintenance Easement
described in Reception No. 389306, being 18 feet southerly and parallel to the northerly line of
said Lot 5A,from whence a Rebar and Cap stamped LS No. 19598 monumenting the end of said
southerly easement line,on the west line of said Lot 5A,which is located 500°�7'S7"E a
distance of 18.31 feet from the northwest corner of said Lot 5A,which is located N83°16'48" a
distance of 446.36 feet,thence along said southerly easement line the following two (2) courses:
9.22 feet along the arc of a non-tangent curve to the right, having a radius of 462.70 feet, a
central angle of 01°08'32",the chord of which bears 556°56'27"E a distance of 9.22 feet;
Thence S56°22'11"E a distance of 20.18 feet;
Thence S33°37'49"W a distance of 20.Q0 feet;
Thence N56°22'11"W a distance of 20.18 feet;
Thence 8.83 feet along the arc of a curve to the left, having a radius of 442.70 feet, a central
angle of 001°08'32"the chord of which bears N56°56'27"W a distance of 8.83 feet;Thence
N32°29'17"E a distance of 20.00 feet to the point of beginning,containing 584.02 square feet
more or less.
3. Reclamation bv County. County shall restore any areas of the Simpson Property impacted by
the use of this temporary construction easement to their original condition after the completion
of work on the culvert and adjacent walls.
4. Attornevs' Fees. In the event the interpretation or enforcement of this Agreement should ever
become the subject of litigation, arbitration or mediation between the County and Simpson,the
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substantially prevailing party shall be awarded its reasonable costs and attorneys'fees and costs
incurred in connection therewith
5. Insurance.The County agrees that it will promptly add Simpson as an additional insured on its
comprehensive general liability policy for purposes of liability or claims that arise out of the
County's activities within the Construction Easement.
6. Whole A�reement: Severabilitv. This Agreement is fully integrated and represents the entire
agreement between the parties. If a court of competent jurisdiction finds or holds any part of
this Agreement to be void, unenforceable, invalid,or illegal,the remainder of this Agreement
shall nevertheless be continued in full force and effect.
7. Recitals.The Recitals contained in this Agreement are hereby made an integral part of the
Agreement.
8. Authoritv.The Signatories to this Agreement warrant that they have full authority to act on
behalf of and bind their respective organizations to the terms of this Agreement.
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DONE THIS / b DAY OF � �`� , 2012:
The Board of County Commissioners of Richard Simpson
Pitkin County
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RECEPTION#: 590627, 07/16l2012 at
09:28:19 AM, �`�NTRACT# �S�����
1 OF 3, R $0,00 Doc Code EASEMENT
Janice K.Vos CaudiH, Pitkin County, CO
EASEMENT REGARDING COAL CREEK CULVERT RECONSTRUCTION
This easement regarding the reconstruction of a culvert conveying Coal Cr�ek under Co I Creek Road in
Pitkin County, Colorado("AgreemenY') is made and entered into this /�oryt day of �U�
2012 by and between Richard Simpson("Simpson")and the Board of County Commissioners of Pitkin
County, Colorado ("the County"j
RECITALS
A. Coal Creek Road is a county road located in Pitkin County, Colorado.The County owns and has
management authority over this road.All communications shall be routed to:
Pitkin County Public Works
76 Service Center Road
Aspen, CO 81611
With a copy to:
Pitkin County Attorney's Office
530 E Main St#302 .
Aspen, CO 81611
Richard Simpson
750 Coal Creek Rd
Redstone, CO 81623
B. Simpson owns that certain parcel of real property(the "Simpson Property") located in Pitkin
County,described as lot 5A Redstone Unique and more fully described in the attached exhibit.
This property is situated to the southwest of Coal Creek Road.
C. The County is scheduled to reconstruct and enhance certain aspects of Coal Creek Road during
the summer and fall of 2012.As part of its reconstruction,the County will be replacing the
existing culvert that conveys Coal Creek adjacent to the Simpson Property, and will be
constructing necessary head and wing walls to retain the roadway adjacent to the culvert
crossing. In the course of these improvements,certain additional activities will take place within
the right-of-way between the paved surface and the Simpson Property. Additional grading and
dewatering may be necessary to minimize impacts to adjacent lands.To maximize efficiencies it
will be necessary for construction workers to enter on the Simpson Property temporarily in the
vicinity of the work, and the parties wish to provide a temporary construction easement for this
purpose.All construction activities shall be carried out at the County's expense.
D. In general the area needed for access is located adjacent to Coal Creek Road immediately to the
west-southwest of the road. It includes an area which may be graded to gain access to the creek
and the area between it and the roadway and the area. A more detailed depiction of the
construction easement area is attached here to as Exhibit A.
.
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Agreement Regarding Coal Creek Culvert Reconstruction:
Pitco/Simpson
Page � 2
E. A permanent easement wili be necessary to complete the work. It is delineated in a separate
easement with is own exhibits This area shall be twenty feet(perpendicular to Right-Of-Way) by
twenty-nine feet(parallel to Right-Of-Way).This area is in total sum equal to 584.02 square feet
more or less.
NOW THEREFORE, in consideration of the foregoing recitals and the covenants contained herein,
and such other good and valuable consideration the sufficiency of which is hereby acknowledged,
The County and Simpson agree as follows:
1. Temporarv Construction Easement.
Simpson hereby grants to the Board a non-exclusive temporary construction easement in the locations
depicted on Exhibit A for the purpose of replacing the culvert, installing the head and wing walls, and
performing other construction activities necessary to repair and stabilize the culvert and road
(hereinafter referred to as the "Work"). This construction easement provides the County(including its
agents, representatives and contractors)with the rights of ingress and egress to and from the area of
the Work,with the right to perform necessary ancillary Work within the construction easement itself,
and with the right to perform reclamation and restoration work within the construction easement once
the Work is completed. The County shall also have the right under the construction easement to
temporarily store materials and equipment,and to stage construction activities necessary for the Work.
The boundaries of the construction easement(the"Construction Easement Area"), and the route of
ingress and egress, are depicted on Exhibit A attached hereto. The parties anticipate that�the
construction easement shall be used primarily in the autumn of 2012 to perform the Work. The parties
anticipate that some further maintenance use of the construction easement may be necessary after that
date, but anticipate that such use shall be rare. Any part or parts of the Simpson Property, including
without limitation the Canstruction Easement Area,which are damaged or disturbed during the process
of the Work,shall be promptly restored by the County at the County's expense.This re-vegetation shall
be with native type seeding and all areas to be regraded to like existing conditions.
2. Reclamation bv County. County shall restore any areas of the Simpson Property impacted by
the use of this temporary construction easement to their original condition after the completion
of work on the culvert and adjacent walls.
3. Attornevs' Fees. In the event the interpretation or enforcement of this Agreement should ever
become the subject of litigation, arbitration or mediation between the County and Simpson,the
substantially prevailing party shall be awarded its reasonable costs and attorneys'fees and costs
incurred in connection therewith
4. Insurance.The County agrees that it will promptly add Simpson as an additional insured on its
comprehensive general liability policy for purposes of liability or claims that arise out of the
County's activities within the Construction Easement.
�vl
Agreement Regarding Coal Creek Culvert Reconstruction:
Pitco/Simpson
Page � 3
5. Whole Agreement: Severabilitv.This Agreement is fully integrated and represents the entire
agreement between the parties. If a court of competent jurisdiction finds or holds any part of
this Agreement to be void, unenforceable, invalid, or illegal,the remainder of this Agreement
shall nevertheless be continued in full force and effect.
6. Recitals.The Recitals contained in this Agreement are hereby made an integral part of the
Agreement.
7. Authoritv.The Signatories to this Agreement warrant that they have fuil authority to act on
behalf of and bind their respective organizations to the terms of this Agreement.
, � �--�
DONE THIS�_DAY OF � , 2012:
The Board of County Commissioners of Richard Simpson
Pitkin County
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11 12 11 .— —.._ p'1— — .—. .
RECEPTI�N#: 590628, 07116/2012 at
as:2a:2o ann, �r��1TRACT#����`�.�.�/ �-
1 OF 3, R $0.00 Doc Code EASEMENT ..a
Janice K.Vos Caudill, Pitkin County, CO
EASEMENT REGARDING COALCR�K CU�VERT RECONSTRUCTION
This Agreement regardingthe recanstruction o!a culveR conveylt�g Coal CreeEc under Coal Ueek Aoad tn
Pitkin Couoty,Colorado("Agreement"�fs made and entered i�to this�day of
20�2 by and between Salvatore Rubino("Ru6ino")and the Board of County Commissfaners ftkin
County,Colorado�"the Count�{'f
RECICALS
A. Coal Creek Road is a county raad located in Aiikin County,Colorado.The County owns and has
management autharity over this road.A!I carrcmun[tatiorss shalt be routed to:
Pitkia County Public Works
76 Service Ceater Road
Aspen,CO 81611
With a copyta:
Piikin Gounty Attomey's Office
530 E Main St Jt302
Aspen,CO 81613
Sal�atore Rubino '
a.o.aoX zso �
Cafiondale,CO 816Z3
B. Rvbino nwns that rertain parce!of real property{the"Rubino Propetiy"}located In Pitkin
County,described as fot 51Ledstone Unique and moraiul4y described in the attached.ex�iblt.
7his property is adjacent to Coal Creek Road to the northeast. .
C. The Courrty is scheduted to reconstrud and enhance certain aspeds of Coal Creek Road in 2U12.
As part of its reconstrudion,the County wflt be replacing the exlsting culvert that conveys Coa�
treek adjacerrt to the Rubino Property,and will be construding necessary head and wireg walls
to retak�the roadway adJacent tothe culveiri cross'sng.In the course ofthese improvements,
ceRain additiona!activities wll take place within the right-of-way between the paved surface
and the Rubino Property. additional grading and dewateriag may be necessary to mis.imize
impaci.s to adjacent lands_To maxiresize effidencies it wiEl be necessaryfor consiruRlon.workers
to enter on the Rubina Propertytemporarily iRihe vicinity oftAe wor[c,and[he pariies wish to
provide atemporary construccion easementforthis purpose.All construdion activities shail be
carried out at the Caurtty's expense_
Q. In general ihe area needed for access is Iocated adjacent to Coai Creek ftoad immedlatelyto the
northeast afthe cutuert to be replaced,It inciudes an area grade6 Lo galn access to the creek
and tfie area between it and tfie roadway(the"'Upper Rubino 6ntrance")and the area to che
north of the cu{vert induding tF�e ueek and the area graded to the creek("Graded Area and
/�
Jul 19 12 11;52a p�2
Agreement Regarding Coal Creek Culvert Reconsiruction:
P}tco/RubFno
�2
Creek}. A mo�e detafled depidion of the construdfon easement area is attached hereto as
Exhibit A.
NOW THER�FORE,in consideration of the faregoing recitals and the covenanu coatained herein,
and suth other good and valuable consideration the suffrciency of which is hereby acknawiedged,
The Courttyr and Rubino agree as fo[lows:
1. Tempararv Constructicn fasemeni.
Rubino herebygrants ta the Board a non-exclusive temporary cansYructian easemenf in the lacations
depicted on Exhi6it A for the purpase of replacEng the culve�t,installing the head and wing walls,a�d
performing other constn�etion accivlties necessary to repair and sLa6iiize the cuivert and road
{hereinafter reEarred So as the"Work"},This construction easemeot provides the County(intiuding Its
agents,representatives and contradors)with che rights of ingress and egress to and from the area of
the Work,withthe�ightto perfortn necessary andilaty Work withln the construttion easement itself,
and with the right to perform redamatfon and resioration work within che wnstructivn easement once
the Work is compieted. The County shafl also ha�e the righc under the corutruction easement to
femporarify store materials and equipmeRt,and[o stage construction activities necessary for Lhe Work.
The boundar{es ot'the construction easement(the"Cans[ruction Easement Area"),and the route of
ingress and egress,are depicted on Ex[�ibit A attached hereRo. The paities anticipate fhat the
� constreiction easement shalt be used primarily in summer and autumn oi 2012 to perform the Work.
7he parties anticipate that some further maintena�ce useafthe conscrudion easement may be ���
necessary after that date,6ut anticipate thaL such use shaU be rar� Any parc or parts of the Rubino
PropertY.Including without limitation the Cortstruction Easement Area,which are damaged or distur6ed
during the process of the Work,shall he prompkiy restored by the County at the County's expense.
2_ RedamaYion bv CountV. County shall restore any areas of the Rubino PropeRy impaded by the
use af thlstemporary constructinn easement to their orfginal condtion afterthe comple[ion of
workon the culuert and adjacentwalk.Thts indudes areas as delineated in ExftibilA as the
tlpper Rubino Entraace,and Graded Area to Creek and any work to restore flow to the headgate
{"headgate°}.
3. Attor�evs'Fees.In the event the interp�etation or enforcement of this Agreement should ever
become the subjed oF litigatior►,arbltration or mediation beiween che County and Rubino,the
substantially prevaiEing party shall be awarded iu reasonable costs and attorneys'fees and costs
incur�ed in conneetfon therewith
4. Insu►ance.The County agrees that it wi1F promptEy add Rubino as an addRio�al iasured on i1s
comprehensive general liatri!'Ry policy for purposes of IiabllEty or claims[hat arise out of the
Count�s activittes wkhin the Corntrudion Easement.
5, Who1e Aareement:5everability,This Agreement is fuliy integrated and represents the entire
agreement betweeq the parties_tf a cuurt of competeni jurisdictian finds or hoids any part ot
�/
Jul 11 'f2 11:53a p.3
Agreement Regarding Coal Creek Cu[vert Reconstruction:
Piteo/Rubeno
�3
t�is AgreBment to 6e void,unenforceable,invalid,or illegal,tbe remainder oF this Agreement
shall nevertheless 6e continued in full force and effect.
6. Rec al .The Recitals contaEned 1n this/tgreement are hereby made an N►tegra!part of the
Agreement.
7. A orit ,The Signatories to this Agreement warrant that they have full authority to act on
behaif ofand bind theic respective organizations to t6e terms of this Agreemer+t,
DONE THIS �� DAY OF CJ�.��_ ,2032:
The Board oFCounty Commissioners of Salvatore Rubino
P;tki Cou�ty
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