HomeMy WebLinkAboutbocc.ord.029.2013 RECEPTION#: 607232, 01/10/2014 at
CONTRACT# (3 "�0�3 01:58:08 PM,
` ,I/���� 1 OF 8, R $0.00 Doc Code ORDINANCE
( ff rr Janice K. Vos Caudill, Pitkin County, CO
AN ORDINANCE OF THE
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY,COLORADO,AUTHORIZING ACQUISITION OF THE
DROSTE ACCESS EASEMENT
ORDINANCE#r'? , SERIES OF 2013
RECITALS
I. The Voters of Pitkin County and the Pitkin County Commissioners established an Open
Space and Trails Fund for the purposes of preserving and providing open space and trails
resources, and established an Open Space and Trails Board of Trustees to guide the
expenditure of those funds.
2. The Open Space and Trails Program is charged with protecting agriculture, open space,
habitat, scenic view planes,water rights and river access.
3 In December of 2010 the Open Space Program acquired certain lands from the Droste family
- - which now comprise the center of Sky Mountain Park.
4. An administrative access easement was recorded on December 30, 2010 at Reception
#576367 which allowed use of an existing ranch road and bridge on Parcel 10 of the
Bruch Creek PUD for an initial term from 2011-2013, and required that after 2014 the
County's access across Parcel 10 would require construction of a new road and bridge.
5. Acquisition of a permanent easement on the existing ranch road will provide a long term
benefit to the careful stewardship of Sky Mountain Park.
6. On October 3, 2013, the Pitkin County Open Space and Trails Board recommended that the
BOCC approve the proposed purchase.
NOW THEREFORE BE IT ORDAINED by the Board of County Commissioners
of Pitkin County, Colorado, that:
1. The Board approves an expenditure of $40,000 for the Droste Access
Easement.
2. Upon approval of the form by the Open Space Director and County Attorney, the
Chair is authorized to execute a contract, easement deed, and other documents needed
to consummate this transaction.
3
3. That adjustments be made to the year 2013 budget as follows:
OPEN SPACE AND TRAILS FUND
Previous Revised
Budget This Change Project Budget
Droste Access Easement Acquisition
Acquisition Cost $0 $40,000 $40,000
Total Expenditure $0 $40,000 $40,000
4 Upon execution of a permanent administrative access easement in the same
location as that provided by the easement recorded on December 30, 2010 at
Reception #576367 for the initial term from 2011-2013, the December 30, 2010
easement shall be vacated.
INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING ON THE 20Th
DAY OF NOVEMBER, 2013.
NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF
THE ORDINANCE PUBLISHED IN THE ASPEN TIMES WEEKLY ON
l�—°7 t' ,2013.
NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE ORDINANCE
POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE POSTED ON THE
OFFICIAL PITKVI COUNTY WEBSITE ( www.aspenpitkin.com ) ON THE
0-a-4 DAY OF /Oat freif 2013.
ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE
a- DAY OF 1„A,62444142.-A-12013.
PUBLISHED BY TITLE AND SHORT SUMMARY, AFER ADOPTION, IN THE
ASPEN TIMES WEEKLY ON THE/�°I- DAY OF �.r'cmcAcy-2013.
POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE POSTED ON T
OFFICI ITK N COUNTY WEBSITE ( www.aspenpitkin.com ) ON THE
DAY OF hp 2013.
ATTEST: / BOARD OF COUNTY COMMISSIONERS
/ \\ OF I'ITKIN COUN Y, COLORADO
Jeanette Jones / George Ne an, Ch.'r
De$ ty Clerk Date: L /
4
APPROVED AS TO FORM:
John Ely Jon Peacock
Cot/_ ey County Manager
'I, t cforeneg! AiSt it'ecfror
Open Space and Trails Program
Ordinance mg -2013
5
ADMINISTRATIVE ACCESS EASEMENT
THIS ADMINISTRATIVE ACCESS EASEMENT (the "Administrative Access
Easement"), made and entered into this 10th day of January, 2014, by and between Bruce
F. Droste; and Bruce F. Droste, Trustee for Bruce F. Droste Children's Trust for the
benefit of Edward F. Droste and William Droste ("Grantor"), and the Board of County
Commissioners of Pitkin County, a body corporate and politic, 530 E. Main Street,
Aspen, CO 81611 ("Grantee") (collectively referred to as "Parties"),
RECITALS:
1. Grantor is the record owner of certain real property located in
Pitkin County, known as Parcel 10 as depicted on the First Amended Plat of.
Brush Creek Ranch LIR-80 P.U.D., recorded on September 27, 2010, at
Reception #573879, County of Pitkin, State of Colorado ("First Amended Plat"),
and
2. Grantor desires by this instrument to establish and to grant to
Grantee a perpetual Administrative Access Easement over Parcel 10.which would
follow the existing Ranch Road as depicted on the First Amended Plat for the
purpose of providing Grantee with permanent access for administrative,
maintenance and emergency purposes, and
3. On December 30, 2010, the Parties executed-a prior Administrative
Access Easement recorded on December 30, 2010, at Reception #576367, County
of Pitkin, State of Colorado that was similar to this easement except that it •
provided that beginning in-2014,-the access-route would change to-a new road,
and the Parties have now agreed to allow the access route to remain permanently
on the existing Ranch Road, as further provided below, and
4. The intent of this easement is to supersede and replace the
Administrative Access Easement recorded on December 30, 2010, at Reception
#576367, County of Pitkin, State of Colorado, and
5. Grantee desires by this instrument (a) to accept said Administrative
Access Easement subject to the restrictions set forth herein, and (b) to assume certain
responsibilities in connection therewith.
AGREEMENT
NOW, THEREFORE, for and in consideration of the mutual covenants and •
agreements set forth herein, and for other good and valuable considerations, the receipt
and sufficiency of which are hereby acknowledged, Grantor and Grantee agree as
follows:
Droste Administrative Access Easement 1
1. Grant of Administrative Access Easement. Grantor hereby grants,
transfers and conveys unto Grantee and its successors and assigns, for the
use and benefit of and the County an Administrative Access Easement
over Parcel 10, which would follow the existing Ranch Road as depicted
on the First Amended Plat. Use of the Administrative Access Easement
shall be exclusively for administrative, maintenance and emergency
purposes by employees and agents of Pitkin County, and by emergency
response personnel.
2. Administrative-Access Use Restrictions.
A.) Administrative Access. The administrative access shall be
solely for the use of authorized agents and employees of Grantee and its
departments and agencies in the course of their employment in relation to
the operation and maintenance of County Owned Lands.
B.) Emergency Access. Emergency access shall be solely for the
use of official emergency response personnel, vehicles and equipment
acting in response to an emergency situation existing on the County Owned
Lands.
3. Grantee's Obligation to Insure. Grantee agrees hereby to add Grantors
(their successors and assigns in ownership) as additional named insureds on its
comprehensive general liability insurance policy, which insurance shall be
maintained by the Grantee to provide protection against liability from claims
arising out of the use of the Administrative Access Easement granted hereby.
Such insurance shall be carried in amounts not less than the liability limits
specified in C.R.S. Section 24-10-114(1), as it may be amended from time to
time, and shall provide Grantors and their successors and assigns with thirty (30)
days advance written notice prior to cancellation or termination. Grantee shall,
upon written request therefore from Grantors or any successor or assign,provide a
Certificate of Insurance as verification of compliance with these requirements.
4. Attorneys' Fees. In the event the interpretation or enforcement of this
Administrative Access Easement should ever become the subject of litigation
between Grantor(or her successors and assigns in the record ownership of the
underlying real property traversed by the Administrative Access Easement, or any
part thereof) and Grantee, the prevailing party shall be entitled to an award of its
reasonable costs and attorneys' fees incurred in connection therewith.
6 Binding Effect. This Administrative Access Easement shall be
binding upon and inure to the benefit of the parties hereto and their
respective heirs, personal representatives, successors and assigns forever
including all future record owners of the underlying real property
traversed by the Administrative Access Easement, or any part thereof.
Droste Administrative Access Easement 2
•
+111A-
Bruce F. Droste, Trustee for the Bruce F. Droste Children's Trust for the benefit of
Edward F. Droste and William Droste
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this 10th day of January,
2014, by Bruce F. Droste, Trustee for the Bruce F. Droste Children's Trust for the benefit
of Edward F. Droste and William Droste.
Witness my hand and official seal.
My commission expires:
My Commission Expires ' 44 ( "
August 4,2015 No ar Public
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Droste Administrative Access Easement 4
GRANTEE:
Pitkin County, Colorado
By: S Ctn°,in
Robert A. Ittner, Jr., Chair
TT
FAEST:
-16/J ,(�
/ afar' of £2141/ (/L j'13/Iy/&5/Onovs
("TATE OF COLORADO) )
)
(COUNTY OF PITKIN
The foregoing instrument was acknowle9f, before me this 9 day of
t1/(ty , 2014, by�.,Cliair of the Board of County •
Commt sion rs of Pitki Coun a ,/and/atteste9to
by �� r Kel+� �nle4� A 4 7ZU /J4,1fri J £ e'a ,/ (,"prt m/55/oi/PvS
Witness my hand and official seal.
My commission expires: OP
Notar 'ublic
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Droste Administrative Access Easement 4
The benefits and burdens hereof shall also run with the title to the
underlying real property and all parts thereof traversed by the
Administrative Access Easement. This Administrative Access Easement
may only be amended by a writing signed by Grantee and by the then-
record owners of the underlying real property traversed by the
Administrative Access Easement.
IN WITNESS WHEREOF, the parties have hereunto set their hands and
seals as of the day and year first above written. .
By: S.I
Bruce . Droste
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before'me this 10th day of January,
2014, by Bruce F. Droste.
Witness my hand and official seal.
My commission expires: i�J /;
(� -
My Commission Expires
tly Public
August 4,2015
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Droste Administrative Access Easement 3
QQCT#?1l L'5 3 RECEPTION#: 607233, 01/10/2014 at
01:58:09 PM,
1 OF 5, R $0.00 Doc Code EASEMENT
Janice K.Vos Caudill, Pitkin County, CO
ADMINISTRATIVE ACCESS EASEMENT
THIS ADMINISTRATIVE ACCESS EASEMENT (the "Administrative Access
Easement"), made and entered into this 10th day of January, 2014, by and between Bruce
F. Droste; and Bruce F. Droste, Trustee for Bruce F. Droste Children's Trust for the
benefit of Edward F. Droste and William Droste ("Grantor"), and the Board of County
Commissioners of Pitkin County, a body corporate and politic, 530 E. Main Street,
Aspen, CO 81611 ("Grantee") (collectively referred to as "Parties"),
RECITALS:
1. Grantor is the record owner of certain real property located in
Pitkin County, known as Parcel 10 as depicted on the First Amended Plat of.
Brush Creek Ranch LIR-80 P.U.D., recorded on September 27, 2010, at
Reception #573879, County of Pitkin, State of Colorado ("First Amended Plat"),
and
2. Grantor desires by this instrument to establish and to grant to
Grantee a perpetual Administrative Access Easement over Parcel 10 which would
follow the existing Ranch Road as depicted on the First Amended Plat for the
purpose of providing Grantee with permanent access for administrative,
maintenance and emergency purposes, and
3. On December 30, 2010, the Parties executed a prior Administrative
Access.Easement recorded on December 30, 2010, at Reception #576367, County
of Pitkin, State of Colorado that was similar to this easement except that it
provided that beginning in 2014, the access route would change to a new road,
and the Parties have now agreed to allow the access route to remain permanently
on the existing Ranch Road, as further provided below, and
4. The intent of this easement is to supersede and replace the
Administrative Access Easement recorded on December 30, 2010, at Reception
#576367, County of Pitkin, State of Colorado, and
5. Grantee desires by this instrument (a) to accept said Administrative
Access Easement subject to the restrictions set forth herein, and (b) to assume certain
responsibilities in connection therewith.
AGREEMENT
NOW, THEREFORE, for and in consideration of the mutual covenants and
agreements set forth herein, and for other good and valuable considerations,the receipt
and sufficiency of which are hereby acknowledged, Grantor and Grantee agree as
follows:
Droste Administrative Access Easement 1
1. Grant of Administrative Access Easement. Grantor hereby grants,
transfers and conveys unto Grantee and its successors and assigns, for the
use and benefit of and the County an Administrative Access Easement
over Parcel 10, which would follow the existing Ranch Road as depicted
on the First Amended Plat. Use of the Administrative Access Easement
shall be exclusively for administrative, maintenance and emergency
purposes by employees and agents of Pitkin County, and by emergency
response personnel.
2. Administrative Access Use Restrictions.
A.) Administrative Access. The administrative access shall be
solely for the use of authorized agents and employees of Grantee and its
departments and agencies in the course of their employment in relation to
the operation and maintenance of County Owned Lands.
B.) Emergency Access. Emergency access shall be solely for the
use of official emergency response personnel, vehicles and equipment
acting in response to an emergency situation existing on the County Owned
Lands.
3. Grantee's Obligation to Insure. Grantee agrees hereby to add Grantors
(their successors and assigns in ownership) as additional named insureds on its
comprehensive general liability insurance policy, which insurance shall be
maintained by the Grantee to provide protection against liability from claims
arising out of the use of the Administrative Access Easement granted hereby.
Such insurance shall be carried in amounts not less than the liability limits
specified in C.R.S. Section 24-10-114(1), as it may be amended from time to
time, and shall provide Grantors and their successors and assigns with thirty (30)
days advance written notice prior to cancellation or termination. Grantee shall,
upon written request therefore from Grantors or any successor or assign, provide a
Certificate of Insurance as verification of compliance with these requirements.
4. Attorneys' Fees. In the event the interpretation or enforcement of this
Administrative Access Easement should ever become the subject of litigation
between Grantor (or her successors and assigns in the record ownership of the
underlying real property traversed by the Administrative Access Easement, or any
part thereof) and Grantee, the prevailing party shall be entitled to an award of its
reasonable costs and attorneys' fees incurred in connection therewith.
6 Binding Effect. This Administrative Access Easement shall be
binding upon and inure to the benefit of the parties hereto and their .
respective heirs, personal representatives, successors and assigns forever
including all future record owners of the underlying real property
traversed by the Administrative Access Easement, or any part thereof.
Droste Administrative Access Easement 2
•
B . + S
Bruce F. Droste, Trustee for the Bruce F. Droste Children's Trust for the benefit of
Edward F. Droste and William Droste
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this 10th day of January,
2014, by Bruce F. Droste, Trustee for the Bruce F. Droste Children's Trust for the benefit
of Edward F. Droste and William Droste.
Witness my hand and official seal.
My commission expires: 7.
• My Commission Expires e44/ "
August 4,2015 No ar Public
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``' e A;.9 � �ir
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Droste Administrative Access Easement 4
•
GRANTEE:
Pitkin County, Colorado
By: SC Ueen CJ t Li Z° r
Robert A. Inner, Jr., Chair
AT EST: j
•
i' ac,/ l/PF ((? // 11//155/Ol/PVS
("TATEOFCILORADO) )
•
(COUNTY OF PITKIN
The foregoing instrument was acknowleddjee,d before me this 7 day of
11-1/0.v , 2014, by . aatr of the Board of County
Commilsston rs of Pitki Cou ,n , 9lorado,and vested,to
nt
by cylC Gt tt el l e e5/ (ZyfA /0 >I /94Y01 �{ ( 'Dau<� O IHi/55✓D1i P✓S
Witness my hand and official seal.
• My commission expires:
7-72— / V " i
Notar 'ublic
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PUBLIC J
t tJ9kOF C0--O -'s
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Droste Administrative Access Easement 4
The benefits and burdens hereof shall also run with the title to the
underlying real property and all parts thereof traversed by the
Administrative Access Easement. This Administrative Access Easement
may only be amended by a writing signed by Grantee and by the then-
record owners of the underlying real property traversed by the
• Administrative Access Easement.
IN WITNESS WHEREOF, the parties have hereunto set their hands and
seals as of the day and year first above written.
By: II1KMD/„ .d
Bruce . Droste
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN
The foregoing instrument was acknowledged before me this 10th day of January,
2014, by Bruce F. Droste.
Witness my hand and official seal.
My commission expires:
My Commission Expires Not y Public •
• August 4,2015 l
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Droste Administrative Access Easement 3 •
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