HomeMy WebLinkAboutbocc.con.308.2012 G"UU�Ii�Lir�i� � J�..�sU/vf���a oYa= �oG`
�..���e_���cx. f�a.- 5G9G�2
��N�AC'r'# � -a6r�- RECEPTION#: 594538, 12/06/2012 at
09:07:50 AM,
1 OF 5, R $0.00 Doc Code AGREEMENT
Janice K.Vos Caudill, Pitkin County, CO
INDEMNIFICATION AGREEMENT
�c�2-►�t}�-¢r�j �.lJ1 2
THIS AGREEMENT is made as of�-_--�,z�1 (this "Agreement"), by
and between SMUGGLER C LLC, a Colorado limited liability company, having
an address of: c/o Manson & Karbank, 604 West Main Street, Aspen, Colorado
81611 ("Indemnitor"), and BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY, COLORADO, having an address of 530 East Main Street, Aspen,
Colorado 81611 (the "County").
W-I-T-N-E-S-S-E-T-H:
WHEREAS, the Board of County Commissioners of the County approved
and adopted that certain "Resolution of the Board of County Commissioners
of Pitkin County, Colorado, Finding a Taking and Remediating the Taking
for the Timroth Parcel C; and Approving an Extension of Vested Real
Property Rights", also known as Resolution No. 045-2005, dated May 15, 2005
(the "Resolution") and recorded May 24, 2005 as Reception No. 510443 in the
real estate records of Pitkin County, Colorado; and
WHEREAS, the Resolution concerns development rights for the real
property legally described on Exhibit A annexed hereto (the "Property"); and
WHEREAS, Section 4D of the Resolution provides that as a condition of
the approvals granted in the Resolution, the owner of the Property must
indemnify the County against certain losses arising from the development work
on the Property; and
WHEREAS, Indemnitor is the Property's current owner and is the
successor in interest to the "applicant" named in the Resolution, and Indemnitor
desires by this Agreement to indemnify the County as provided in Section 4D of
the Resolution.
NOW, THEREFORE, in consideration of the approvals granted in the
Resolution, Indemnitor and the County hereby agree as follows:
1. Indemnitv. Indemnitor hereby agrees to indemnify, protect, and hold the
County harmless from and against any and all liability, losses, damages,
claims, demands and costs (including reasonable attorney's fees), arising
from rockfall or mudslides emanating from the Property, or from any other
natural hazard arising from with sitework or other development work on
the Property pursuant to the Resolution.
11.30.12 MKB
I
2. Term. The indemnity contained herein shall be effective from the date
hereof through the date which is two (2) years after the issuance, by the
County, of a final certificate of occupancy for the home to be built,
pursuant to the restrictions and approvals contained in the Resolution, on
the Property.
3. Covenant Runninq With The Propertv; Successors and Assipns. This
Agreement shall be deemed a covenant running with the Property and
shall be binding on and inure to the benefit of the parties' respective
successors and assigns.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement
as of the day and year first above-written.
SMUGGLER C LLC
By' ---_ -
Neil D. Karbank, Authorized Agent
BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO
By: `��� �r�P �t,� ��.�,�%,
� �
�
.,.....�.... _v�__ .� .e_ . _ _ __
ATTEST: BOARD OF COUNTY COMMISSIONERS
�� �
� �
By ' ���,.� By: l��(�� _ 'G��/�
Jean e Jones Michael M. Owsley,�Chairman
Depu County Clerk�
Date: /�-5`"�� �-
�
STATE OF COLORADO )
) ss.
COUNTY OF P1TK1N )
On this 30th day of November, 2012, before the undersigned, a Notary Public in
and for said County and State, personalfy appeared NEIL D. KARBANK and
acknowledged to me that he executed the same in his capacity as an authorized
agent of Smuggler C LLG, a Coforado limited liabiiity company, as the act and
deed of such company.
IN W1T SS WHEREOF, I have hereunto set my hand and affixed my official
seal th y nd year in this certificate first above written.
�
��\��,�NA �.`'i ..
. • . .q"
Notary Public within and for said County and State �• •�'�
My commission expires i�? I�5 _ : ��TAR'�' •. .`
�'�• �UB�.t� .��O.
��F CO�-���
.
�
EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL 1:
A tract af land located in the Northeast'/<and the Southeast Y of Section 7,Township 10 South, Range 84 West of the 6th
Principal Meridian,more fully described as follows
Beginning at a point from which the Center East 1/16 Comer of Section 7,Township 10 Sauth, Range 84 West of the 6th
Principal Meridian bears N 01°32'48" E 5.47 feet;
thence N 75°41'10"E 49.08 feet;{N 75°35'E 49.63 feet)
thence N 75°37'15"E 140.73 feet;
thence S 00°17'31"W 217.49 feet;
thence S 00°21'42"W 25.69 feet;(S 00°U5'W 25.74 feet)
thence S 56°19'40"W 219.53 feet; (5 56°08.3'W 219.78 feet)
thence N Od°00'56"E 317.80 feet; (N 00°01.9'W 311.85 feet)to the point of beginning.
PARCEL 2:
That part of the Northe�ly portion of the Pride of Aspen Patented Lode Mining Claim, V.S.M.S.#7883,which lies within the
Ballart Claim and which is located in the Northeast%.and Southeast'/4 of Section 7,Township 10 South, Range 84 West
of the 6th Principal Meridian, described as follows:
Beginning at a pont from which the Center East 1/16 Comer of SecGon 7,Township 10 Sauth, Range 84 West of the 6th
Principal Meridian bears N 01°32'48" E 5.47 feet;
thence N 75°41'10"E 49.08 feet measured(N 75°35'E 49.63 feet-record)to the paint of beginning;
thence N 75°37'15"E 140.73 feet;
thence S 00°17'31"W 217.49 feet;
thence N 66°32'59"E 2.28 feet; �
thence N 35°58'04"W 226.66 feet(N 35°52.6' E 225.85 feet-recordy to the point of beginning.
NOTE: Cal{s shown abave in parentheses{ )are Historical Calls.
.--
�