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HomeMy WebLinkAboutbocc.con.193.2016 RECEPTION#: 628989, 05102/2016 at 1a, _/� 3 09:32:07 AM, 5 % 1 OF 4, R $0.00 Doc Code RESOLUTION CONTRACT# (40, .d Janice K. Vos Caudill, Pitkin County, CO RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO GRANTING APPROVAL OF THE MAM ASPEN LLC AND SUZANNE FARVER ACTIVITY ENVELOPE AND SITE PLAN REVIEW; SUBDIVISION EXEMPTION FOR A MINOR PLAT AMENDMENT;AND AMENDMENT TO DEVELOPMENT PERMIT Resolution No.03-2016 RECITALS 1. MAM Aspen LLC and Suzanne Farver("Applicant")have applied to the Board of County Commissioners of Pitkin County,Colorado("BOCC")to establish a new driveway through White Star Ranch Tract 7, owned by Suzanne Farver,to provide access to Craig Ranch Parcel 7, owned by MAM Aspen LLC. Craig Ranch Parcel 7 is currently accessed from Woody Creek Road. The new driveway would provide access from McLain Flats Road. The request requires establishment of Activity Envelopes and approval of Site Plans on both parcels for the driveway and landscaping; approval of a Minor Plat Amendment to the White Star Ranch plat; and recordation of a covenant confirming that the requested approvals do not change Craig Ranch Parcel 7's obligations under the Craig Ranch Development Agreement. 2. MAM Aspen LLC is the owner of Craig Ranch Parcel 7,which is located at 525 Paradise Mesa and is accessed from Woody Creek Road across two adjacent parcels. The driveway crosses Woody Creek and traverses a steep slope to reach Paradise Mesa. The driveway serves Craig Ranch Parcels 7 and 8;Craig Ranch Parcel 8 is undeveloped at this time. Craig Ranch Parcel 7 is zoned RS-20 and contains 83.01 acres. 3. Suzanne Farver is the owner of White Star Ranch Tract 7,which is located at 114 Meadowlark Lane. White Star Ranch Tract 7 is accessed from McLain Flats Road via White Star Drive and Meadowlark Lane. White Star Ranch Tract 7 is zoned RS-20 and contains 13.94 acres. 4. The Craig Ranch was divided into eight parcels of land in 2004 via a Subdivision Exemption Plat recorded in Plat Book 68 at Page 62. The BOCC granted approvals for the parcels,pursuant to Resolution No. 144-2004. An amended plat was recorded in Plat Book 79 at Page 81 and the Development Agreement was recorded as Reception No. 525493. The 1041 Hazard Review Site Plan for Parcel 7 was recorded in Plat Book 79 at Page 89. 5. The Community Development Director granted Site Plan Review approval for a single family residence and accessory uses on Craig Ranch Parcel 7,pursuant to Administrative Decision Nos.25-2013 and 37- 2013. The Site Plan was recorded in Plat Book 103 at Page 19. A building permit was subsequently obtained and a Certificate of Occupancy for the residence was issued in December 2015. 6. White Star Ranch was originally created in 1980;the plat was recorded in Plat Book 10 at Page 36. The plat was amended in 1988;the amended plat was recorded in Plat Book 20 at Page 65. Tract 7 is improved with a single family residence that was built in 1990. 7. The White Star Ranch owners have agreed to grant access to Craig Ranch Parcel 7 on the existing subdivision roads(White Star Drive and Meadowlark Lane),and Ms.Farver has consented to grant an easement for the new driveway across White Star Tract 7. 8. The BOCC considered this application at a duly noticed public hearing on January 13,2016,at which Resolution No.44'0-201 S Page 2 time evidence and testimony were presented with respect to the application. 9. The Fire Marshal for the Aspen Fire Protection District supports the relocation of the access to Craig Ranch Parcel 7 from Woody Creek Road to McLain Flats Road,as it provides a safer and more efficient access for emergency vehicles,and,therefore,the BOCC finds that it is appropriate to allow access to Craig Ranch Parcel 7 through White Star Ranch. 10. The BOCC further fmds that the proposed Activity Envelopes for the new driveway are located on slopes of less than 30%and that the new driveway has been designed to comply with the standards of the County's Road Management and Maintenance Plan("RMMP"). 11. The BOCC further fmds that White Star Drive and Meadowlark Lane comply with the standards of the RMMP. 12. The BOCC further fmds that the improvements to the existing driveway to White Star Tract 7—a pullout and widening of the curve—are appropriate to satisfy the requirements of the Fire Marshal,and are consistent with the standards of Section 7-20-20(c)(4)of the Land Use Code("Code"),which provides an exception from the prohibition on development on slopes in excess of 30%for improvements to existing roads and driveways. 13. The BOCC further fords that the new driveway will have negligible visual impact when viewed from public rights-of-way,and is sited to utilize existing vegetation and topography to screen the driveway. 14. The BOCC further fmds that the proposed plat amendment complies with the standards of Sec.2-30- 20(g)(5)of the Code,as the amendment is being made to a recorded plat,does not affect the plat's compliance with the Code,and does not conflict with representations made during the subdivision review. NOW,THEREFORE,BE IT RESOLVED by the BOCC that it does hereby approve the proposed amendments,subject to the following conditions,which shall run with the land and be binding on all successors in interest: 1. The Applicant shall adhere to all material representations made in the application or in public meetings or hearings and shall consider those representations to be conditions of approval,unless amended by other conditions. 2. The Applicant shall comply with all conditions of prior approvals,except as amended herein. 3. Prior to submission of an Access/Driveway Permit for the new driveway and the improvements to the driveway on White Star Tract 7,the Applicant shall be required to submit for approval by the County Attorney and Community Development an Amended Plat for White Star Tract 7,an Activity Envelope and Site Plan for White Star Tract 7,and an amended Activity Envelope and Site Plan for Craig Ranch Parcel 7. The above referenced approvals shall be a condition precedent to finalization and recordation of them. The owners must sign the mylar copies of the plat and site plans prior to submittal for recording. 4. Concurrent with recordation of the Amended Plat and Activity Envelope/Site Plans,the Applicant shall record: Resolution No.IQ,3-201 S Page 3 (a) A covenant agreement running with title to Craig Ranch Parcel 7,for the benefit of the County and the owners of Craig Ranch Parcels 4 and 8 to acknowledge the new access to Craig Ranch Parcel 7. The covenant shall also specify that(i)the Paradise Mesa access shall only be used by Craig Ranch Parcel 7 in case of an emergency;(ii)the owner of Craig Ranch Parcel 7 shall continue to be bound by the Craig Ranch Development Agreement and shall continue to share in the costs of improvements,maintenance,repair and snowplowing for Paradise Mesa and the bridge across Woody Creek on Craig Ranch Parcel 4 as required by the Craig Ranch Development Agreement;and(iii)the Craig Ranch Development Agreement is not amended,modified or altered by this Resolution. The Applicant shall submit the covenant for approval by the County Attorney and Community Development; and (b) An easement agreement running with title to Craig Ranch Parcel 7.in a form approved by the County Attorney,pursuant to which the owner of Craig Ranch Parcel 7 grants to the County an easement to use the new driveway to access Paradise Mesa in case of an emergency. 5. With the Access/Driveway Permit application,the Applicant shall: A. Submit a drainage and erosion control plan for review and approval by the Planning Engineer. B. Submit a State Stormwater Permit. C. Submit a construction management plan for review and approval by the Planning Engineer. D. Submit a landscape plan and a detailed revegetation plan for disturbed areas with appropriate seed mixes. 6. Any retaining walls over 4 feet in height shall be engineered. 7. A gate of less than six feet in height may be installed at any point on the driveway serving Craig Ranch Parcel 7. 8. New fencing along the driveway shall comply with the standards below. In addition,the Applicant shall consult with Colorado Parks and Wildlife and consider additional measures to accommodate wildlife movement, including gaps in the fencing or removal of top rails in appropriate locations. Fencing immediately adjacent to the buildings to contain pets or fencing to contain livestock is not subject to these requirements. A. Wood fencing shall employ three rails or less,be the round or split rail type, shall not exceed 48 inches in height above ground level and 12 inches in width(top view), and shall have at least 18 inches between two of the rails. B. Wire fencing shall consist of no more than 3 strands of smooth wire and shall not exceed 42 inches in height. C. Mesh or woven wire fences are prohibited,except when used for protection around isolated trees or clumps of trees. 9. Driveway lighting is prohibited and all other lighting shall comply with the lighting standards in the Code. 10. The agreements between Craig Ranch Parcel 7 and White Star Ranch shall not preclude the owner of Craig Ranch Parcel 8 from pursuing access from White Star Ranch in the future. If Craig Ranch Parcel 8 ever obtains access through White Star Ranches Subdivision,the provisions of Article II 4(h)of the Craig Ranch Development Agreement will apply at such time,unless the Craig Ranch Development Agreement is amended in connection therewith Resolution No.ea.52015 Page 4 11. The driveway approved herein accommodates access to Craig Ranch Parcel 7 from McLain Flats Road and is not intended to provide public access between McLain Flats Road and Woody Creek Road,except if deemed necessary in an emergency by the Pitkin County Sheriff. 12. Failure to comply with these conditions of approval may result in revocation of this permit or any subsequent permits related to this property or vested rights associated with this property. 13. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use Code, § 2-20-170 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall expire on —3(01,06r d( 13 ,2019. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the 10th day of December,2015. APPROVED AND ADOPTED on the 13th day of January,2016. PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the Aspen Times Weekly on the Os day of r1'� ,2016. BOARD OF COUNTY COMMISSIONERS, PITKIN COUNTY,COLO' •. • By � �.► ' chel E.Richards,Ch. ST: I !1 �lr 11114 anette Jones,Cl:`k to the BOCC • 'PROVED AS TO CONTENT: APPROVED AS TO 0' : iCk/ALQ4 U.°° indy Houben —delitrEiy tovra7.111rAlwr—/ L/d{,V Community Development Director /54, ounty Attorney P083-15 PID#264315400009&264315301002 RECEPTION#: 628993, 05/02/2016 at f"ONTRACT# / / / 0 OF 75 $41.00 Doc Code COVENANTS Janice K.Vos Caudill, Pitkin County, CO COVENANT AGREEMENT ACKNOWLEDGING NEW ACCESS AND CONFIRMATION OF OBLIGATIONS UNDER CRAIG RANCH DEVELOPMENT AGREEMENT THIS COVENANT AGREEMENT ACKNOWLEDGING NEW ACCESS AND CONFIRMATION OF OBLIGATIONS UNDER CRAIG RANCH DEVELOPMENT AGREEMENT("Agreement") is made and entered into this day of /l-art / 2016, by and between MAM ASPEN LLC, a Delaware limited liability company (Declarant") and Pitkin County, Colorado (the "County"), for the benefit of the County and the owner(s)of Craig Ranch Parcel 4 (as defined below)and the owner(s)of Craig Ranch Parcel 8 (as defined below). This Agreement shall run with the land described herein and be binding upon the successors and assigns of the parties hereto, subject to the terms and conditions set forth herein. RECITALS A. Declarant owns the real property legally described as: Parcel 7, First Amended Plat of Craig Ranch Parcels, according to the Plat thereof recorded June 20, 2006 in Plat Book 79 at Page 81 in the Office of the Clerk and Recorder for Pitkin County, Colorado ("Craig Ranch Parcel 7"). B. Craig Ranch Parcel 7 is subject to the Development Agreement for Craig Ranch Parcels recorded in the Office of the Clerk and Recorder for Pitkin County, Colorado June 20, 2006 at Reception No. 525493, as amended by the First Amendment thereto recorded in the Office of the Clerk and Recorder for Pitkin County, Colorado on December 10, 2007 at Reception No. 544769 (collectively,the"Development Agreement"). C. Access to Craig Ranch Parcel 7 is provided by certain easements defined and described in Article II 4(d) of the Development Agreement and a common driveway defined in Article II 4(e) of the Development Agreement as "Common Driveway West" (collectively, the "Easements and Common Driveway West"), which Easements and Common Driveway West also affect and serve (i) Parcel 4, First Amended Plat of Craig Ranch Parcels, according to the Plat thereof recorded June 20, 2006 in Plat Book 79 at Page 81 in the Office of the Clerk and Recorder for Pitkin County, Colorado ("Craig Ranch Parcel 4") and (ii) Parcel 8, First Amended Plat of Craig Ranch Parcels, according to the Plat thereof recorded June 20, 2006 in Plat Book 79 at Page 81 in the Office of the Clerk and Recorder for Pitkin County, Colorado ("Craig Ranch Parcel 8"). D. Article II 4(d) and Article II 4(e) of the Development Agreement require Craig Ranch Parcel 7, Craig Ranch Parcel 4 and Craig Ranch Parcel 8 to share in certain costs incurred in connection with the improvement, maintenance, repair and snowplowing of the Easements and Common Driveway West. E. Article II 4(h)of the Development Agreement provides that: In the event there is ever recorded in the Office of the Clerk and Recorder of Pitkin County, Colorado, an instrument of any kind which grants or otherwise establishes a right of vehicular access over and across any part of White Star Ranches Subdivision for the use and benefit of Craig Ranch Parcels 7 and 8 and/or the owners thereof, then upon such recording (i) the 30-foot wide private access drive easements dedicated on the Plat across Parcels 4, 5 and 7 for the use and benefit of Parcels 7 and 8, and (ii) ay historic access routes or rights-of-way that may exist across Parcels 4, 5 and 7 for the use and benefit of Parcels 7 and 8, shall be deemed automatically and forever terminated, vacated and no further force or effect whatsoever, and Parcels 7 and 8 and the owners thereof shall thereafter have no easement or right-of-way whatsoever upon or across Parcels 4, 5 and 7 or any part thereof for purposes of surface access and travel to and from Parcels 7 and 8 or any part thereof. Also, upon such recording, Parcels 7 and 8 shall have no further cost sharing obligations with respect to the access driveway over neighboring property under the provisions of Article II4(d) above and no further cost sharing obligations with respect to Common Driveway West under the provisions of Article II 4(e) above. F. Article II 15 of the Development Agreement provides, in general,that prior to issuance of a building permit for a residence on Parcel 7 or Parcel 8, the existing bridge across Woody Creek on Parcel 4 must be evaluated by a qualified structural engineer, for certain improvements to be made, and for the cost of the evaluation and improvements to be shared by Craig Ranch Parcel 7 and Craig Ranch Parcel 8. G. Declarant submitted an application to the County seeking approval to access Craig Ranch Parcel 7 through White Star Ranches Subdivision. H. Pursuant to Resolution No. OO - 2016 recorded in the Office of the Clerk and Recorder ofPitkin County, Colorado on - , 2016 at Reception No. '-S cW (the "Resolution"), the Board of County Commissioners of the County, among other things, approved Declarant's application to access the Craig Ranch Parcel 7 through White Star Ranches Subdivision. Declarant's application and the Resolution apply only to Craig Ranch Parcel 7 and do not grant access to or otherwise apply to Craig Ranch Parcel 8. As a result, the provisions of Article II 4(h) of the Development Agreement do not apply to the Resolution. J. This Agreement is intended by the parties to satisfy the conditions of Section 4 of the Resolution, which requires a covenant in a form acceptable to the County Attorney and Community Development to be recorded concurrently with recordation of the Amended Plat and Activity Envelope/Site Plans described in the Resolution, to (i) acknowledge the new access to Craig Ranch Parcel 7; (ii) specify that the Paradise Mesa access (aka "Common Driveway West") shall only be used by Craig Ranch Parcel 7 in case of an emergency; and (iii) confirm that Declarant, as the owner of Craig Ranch Parcel 7, shall continue to be bound by the Development Agreement and shall continue to share in the costs of improvements, maintenance, repair and snowplowing for Paradise Mesa (aka "Common Driveway West") and the bridge across Woody Creek on Craig Ranch Parcel 4, all as required by the Development Agreement. 2 NOW,THEREFORE, Declarant hereby represents, covenants and agrees as follows: 1. Acknowledgement of New Access. Declarant hereby acknowledges the new access to Craig Ranch Parcel 7, as approved by the Resolution. 2. Use of Paradise Mesa(aka"Common Driveway West"). Declarant hereby agrees that Craig Ranch Parcel 7 shall have no right to use Paradise Mesa (aka "Common Driveway West")for vehicular access to or from Craig Ranch Parcel 7, except in case of an emergency. 3. Obligations under Development Agreement. Declarant hereby confirms that Declarant, as the owner of Craig Ranch Parcel 7, shall continue to be bound by the Development Agreement and shall continue to share in the costs of improvements, maintenance, repair and snowplowing for Paradise Mesa (aka "Common Driveway West") and the bridge across Woody Creek on Craig Ranch Parcel 4,all as required by the Development Agreement. 4. Other Craig Ranch Parcels and Development Agreement Not Affected. The Resolution and the new access to Craig Ranch Parcel 7 apply only to Craig Ranch Parcel 7. No other parcels in Craig Ranch are affected by the Resolution. Nothing in the Resolution or this Agreement amends, modifies or alters the Development Agreement. Without limiting the foregoing, if Craig Ranch Parcel 8 ever obtains access through White Star Ranches Subdivision,the provisions of Article II 4(h) of the Development Agreement will apply at such time, unless the Development Agreement is amended in connection therewith. 5. Binding on Successors to Declarant; Attorneys' Fees. This Agreement shall be a binding servitude, and shall run with the land and be binding upon Declarant, its successors, transferees, and assigns, in perpetuity, unless terminated by the terms of this Agreement or by voluntary relinquishment by the County. It is explicitly agreed by the parties hereto that this Agreement shall be enforceable in the courts of the State of Colorado; and that in the event an action to enforce this Agreement is brought, the party or parties which substantially prevail in any such enforcement action shall be entitled to recover from the non-prevailing party(ies) the full cost of such action (including reasonable attorneys' fees and costs). Any party may enforce the terms of this Agreement through actions for damages or injunctive relief, or both. 6. Notices. Any notice, consent or approval which is required to be given hereunder shall be given by certified mail, return receipt requested, properly addressed and with postage fully prepaid, to any address provided herein or to any subsequent mailing address of the party as long as prior written notice of the change of address has been given to the other parties to this Agreement, or by fax or email. In the case of faxed or emailed notice, there shall be duplicate mailed notice to insure that faxed or emailed notice is received. All such notices shall be effective seven (7) days following the date the notice was deposited in the U.S. Mail, or faxed or emailed. Said notices, consents and approvals shall be sent or faxed to the parties hereto at the following addresses unless otherwise notified in writing: To Declarant: MAM Aspen LLC c/o Adam Metz and Martha Metz 600 Washington Avenue Glencoe, IL 60022 3 Phone: (847) 835-4171 Fax: N/A Email: adammetz@yahoo.com marthametz@yahoo.com With Copy to: Chris LaCroix Garfield &Hecht, P.C. 625 E. Hyman Ave., Suite 201 Aspen, CO 81611 Phone: (970) 925-1936 Fax: (970) 925-3008 Email: clacroix@garfieldhecht.com To County: Pitkin County Community Development Director 130 South Galena Street Aspen CO 81611 Phone: (970) 920-5526 Fax: (970) 920-9439 Email: lance.clarke@pitkincounty.com suzanne.wolff@pitkincounty.com With Copy to: Pitkin County County Attorney 530 E. Main Street Aspen, CO 81611 Phone: (970) 920-5193 Fax: (970) 920-5198 Email: john.ely@,pitkincounty.com 7. Severability. Whenever possible, each provision of this Agreement and any other related document shall be interpreted in such a manner as to be valid under applicable law; but if any provision of any of the foregoing shall be invalid or prohibited under said applicable law, such provisions shall be ineffective to the extent of such invalidity or prohibition without invaliding the remaining provisions of such document. 8. Choice of Law. This Agreement and each and every related document are to be governed and construed in accordance with the laws of the State of Colorado. 9. Successors. Except as otherwise provided herein, the provisions and covenants contained herein shall inure to, and be binding upon, the heirs, successors, and assigns of the parties. 4 10. Section Headings. Paragraph or section headings within this Agreement are inserted solely for convenience of reference, and are not intended to, and shall not govern, limit or aid in the construction of any terms or provisions contained herein. 11. Waiver. No claim of waiver, consent or acquiescence with respect to any provision of this Agreement shall be valid against any party hereto except on the basis of a written instrument executed by the parties to this Agreement. However, the party for whose benefit a condition is inserted herein shall have the unilateral right to waive such condition. 12. Gender and Number. Whenever the context so requires herein, the neuter gender shall include any or all genders and vice versa and the use of the singular shall include the plural and vice versa. 13. Further Actions. The parties to this Agreement agree to execute such further documents and take such further actions as may be reasonably required to carry out the provisions and intent of this Agreement or any agreement or document relating hereto or entered into in connection herewith. 14. Modifications. The parties to this Agreement agree that any modifications of this Agreement shall be effective only when made by writings signed by all parties and recorded with the Clerk and Recorder of Pitkin County, Colorado. [Signature Pages Follow] 5 IN WITNESS WHEREOF, the parties hereto have executed this instrument on the day and year first above-written. DECLARANT: MAM a P. N LLC, a Delaware limited liability company By: , Print Name: C opC.)10)10 ./. 1-4 Cro IX Title: Atli'rd-La C gco M4„t-6,, 1 ut-e.._ STATE OF QoLove-A D 0 ) )ss. COUNTY OF RIK id ) The foregoing Agreement was acknowledged before me this day of A e r` . , 2016 by W4c Dr 1. 14 mot% (name) as A,lltoAti tel.") r.(title) of MAM Aspen LLC, a Delaware limited liability company. WITNESS my hand and official seal. My commission expires: D1 / 1 g`-to 1 L=, SASHA LYN SEMPLE �� t�. NOTARY PUBLIC 41.• v =�`� STATE OF COLORADO NOTARY ID#19964011120 Notary Public My Commission Expires Jul 18,2016 6 IN WITNESS WHEREOF, the parties hereto have executed this instrument on the day and year first above-written. THE COUNTY: /a r r©v,2-r,Q u-"' .-t' rrh " Board of County Commissioners .� Or Pitkin County, Colorado i By: �, '-'"/L( (`�_ _ �/�t-a e_ ma /.74., orty Rachel Rich ds, Chair 45515 4h F 0i ri-r K epvu/-( se,? STATE OF (3./O./,9 do ) . //'' )ss. COUNTY OF :9 i i% ) The foregoing Agreement was acknowledged before me this 2-Y day of Ki/ , 2016 by Rachel Richards, Chair of the Board of County Commissioners of Pit n County, Colorado. WITNESS my hand and official seal. My commission expires: 7—/5"---01)/6 4111 CIA , '_P' LINDA GUSTAFSON 1 otary Public lb NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20084023866 MY COMMISSION EXPIRES JULY 15,2016 ; 7 Cu `� /6 09:55:53 AM, 628994, 05/02/2016 at 1 OF 4, R $26.00 Doc Code EASEMENT Janice K. Vos Caudill. Pitkin County, CO EASEMENT AGREEMENT �, This Easement Agreement(this"Agreement") is made this o'o day of ►^r , 2016 between MAM ASPEN LLC, a Delaware limited liability company ("G ntor")whose address is do Garfield&Hecht, P.C., 625 E. Hyman Ave., Unit 201, Aspen, CO 81611 and THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, as the governing body of Pitkin County, Colorado ("Grantee")whose address is 130 South Galena,Aspen, CO 81611. Each of Grantor and Grantee may be referred to herein individually as a"Party", or collectively as the "Parties". RECITALS A. Grantor owns certain real property in Pitkin County, Colorado legally described as: Parcel 7, First Amended Plat of Craig Ranch Parcels, according to the Plat thereof recorded June 20, 2006 in Plat Book 79 at Page 81 in the Office of the Clerk and Recorder for Pitkin County, Colorado (the "Grantor Property"). B. According to the Plat of Craig Ranch Parcels recorded in the Office of the Clerk and Recorder for Pitkin County, Colorado on June 20, 2006 in Plat Book 79 at Page 81 (the "Craig Ranch Plat") and the Development Agreement for Craig Ranch Parcels recorded in the Office of the Clerk and Recorder for Pitkin County, Colorado on June 20, 2006 as Reception No. 525493, as amended(the"Craig Ranch Development Agreement"), access to the Grantor Property is provided via Woody Creek Road across certain easements within which is constructed a shared driveway that is defined in the Craig Ranch Development Agreement as "Common Driveway West", and which is also commonly known and referred to as"Paradise Mesa"(hereafter, "Paradise Mesa"). C. Pursuant to Resolution No.7"3 2016 of the Board of County Commissioners of Pitkin County, Colorado recorded in the Office of the Clerk and Recorder for Pitkin County, Colorado on S— — /6 , 2016 as Reception No.4 9g9'% (the"Resolution"), Grantee approved, among other things, Grantor's application to access the Grantor Property through White Star Ranch and to construct a new driveway serving the Grantor Property (the "Driveway"). D. The Resolution requires, among other things,that Grantor grant to Grantee an easement to use the Driveway,once the Driveway is constructed,to access Paradise Mesa in case of an emergency. E. Grantor and Grantee desire to enter into this Agreement to satisfy the requirement of the Resolution that Grantor grant to Grantee an easement to use the Driveway,once the Driveway is constructed,to access Paradise Mesa in case of an emergency. NOW THEREFORE, In consideration of the mutual promises and covenants set forth herein and other good and valuable consideration, the receipt and sufficiency of which are 1 hereby acknowledged, the Parties agree as follows: 1. Incorporation of Recitals. The foregoing Recitals are fully incorporated herein as if set forth in full. 2. Grant of Easement. Grantor hereby grants and conveys to Grantee a perpetual non-exclusive easement(the"Easement") over and across the Driveway, once the Driveway is constructed, for access to and from Paradise Mesa in the case of an emergency by Grantee and providers of emergency services such as firefighters, fire trucks, ambulances,police vehicles and emergency responders ("Authorized Users"). If Grantor installs any gates on the Driveway, Grantor shall provide access codes to Grantee and those Authorized Users designated by Grantee. If the Driveway is relocated after its initial construction,the Easement shall automatically and without further action by the Parties, be deemed to apply to (and only to)the relocated Driveway. 3. Limitations on Easement. Grantee and the Authorized Users shall have no right to use the Easement except in the case of an emergency. The Easement is only for access to or from Paradise Mesa by Grantee and the Authorized Users in the case of an emergency. Grantee and the Authorized Users do not have the right to improve, alter or otherwise work on the Driveway or any other part of the Grantor Property. Any work by Grantee or the Authorized Users on the Driveway or elsewhere on the Grantor Property may only be performed by Grantee with Grantor's prior written consent, which may be granted or withheld in Grantor's sole and absolute discretion. 4. No Required Maintenance. The Parties acknowledge and agree that(i) Grantor may, but is not required to, maintain the Driveway for the purposes of the Easement; (ii) Grantor does not and will not have any responsibility or liability for the condition of,or obligation to maintain,repair or restore the Driveway for the purposes of the Easement; and(iii) Grantee and the Authorized Users accept all risks and liabilities associated with use of the Easement and Driveway in accordance with this Agreement. 5. Attorneys' Fees. In the event the interpretation or enforcement of this Agreement should ever become the subject of litigation between Grantor(or its successors and assigns in the record ownership of the Grantor Property) and Grantee, the prevailing party shall be entitled to an award of its reasonable costs and attorneys' fees incurred in connection therewith. 6. Amendments in Writing. This Agreement may not be amended, nor may any rights hereunder be waived, except by an instrument in writing executed by the Parties hereto and duly recorded in the real estate records of Pitkin County, Colorado. 7. Colorado Law. The interpretation, enforcement or any other matters relative to this Agreement shall be construed and determined in accordance with the laws of the State of Colorado. 8. Binding Effect/Run with the Land. The provisions of this Agreement, including the benefits and burdens created thereby, shall run with the land forever and shall constitute a 2 burden and benefit to the Grantor Property and shall run with title to the Grantor Property. This Agreement shall be recorded in the real property records of Pitkin County, Colorado. 9. No Assignment by Grantee. Grantee may assign its rights under this Agreement only with Grantor's prior written consent, which may be granted or withheld in Grantor's sole and absolute discretion. Any purported assignment of Grantee's rights under this Agreement without Grantor's prior written consent shall be null and void. 10. Correction Documents. In the event any clerical or other errors are found in this Agreement,the Parties agree to promptly execute, acknowledge, initial and/or deliver as necessary any documentation in order to correct the error. 11. Counterparts. This Agreement may be executed in multiple counterparts each of which shall constitute an original but all of which when taken together shall constitute one and the same document. This Agreement shall not be binding on any Party until it is signed by all Parties hereto. IN WITNESS WHEREOF, Grantor has executed this Agreement to be effective as of the date set forth above. GRANTOR: MAM ASPEN LLC, a Dela ar limited liability company By: Print Name: CAiiiivia T, L,a Ceol>C Title: A Ai o/l u J A,p..40,4 '-✓c- STATE OF 41-002,A DO ) ) ss. COUNTY OF pl,-(1,( ) AvY1 Subscribed, sworn to and acknowledged before me this 6 day of , 2016 by Ckr pk' f• kCn► ' as Moat) kfri I1 of MAM Aspen LLC, a Delaware limited liability company. Witness my hand and official seal. My commission expires: N1 ?/1) I • OR 0 SASHA LYN SEMPLE Notary Public NOTARY PUBLIC STATE OF COLORADO NOTARY ID#19964011120 My Commission Expires July 18,2016 3 IN WITNESS WHEREOF, Grantee has executed this Agreement to be effective as of the date set forth above. GRANTEE: THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLO By: Prin ame: Rachel E. Rich s Chair ATTES" ' By: A (LI Prin ame: Tit1 e4rlc a0417c/ Approved as to Form: Bytillo„ Print .r e: Laura C. Makar Assistant Pitkin County Attorney STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) Subscribed, sworn to and acknowledged before me this day of / ' 2016 by gsdiAstis Chair of The Board of County Commissioners of Pitkin County, Colorado and by 5,p4,,,,?/fe 9vir as Witness my hand annd official seal. My commission expires: "7— /5,21)/4 otary Public LINDA GUSTAFSON Jl NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20064023886 MY COMMISSION EXPIRES JULY 15,2016 ti 4