HomeMy WebLinkAboutbocc.res.003.2016 (2) RECEPTION
a' _/(� 3-961009:32:07 AM,#: 628989, 05/02/2016 at
CONTRACT % 1 OF 4, R $0.00 Doc Code RESOLUTION
qq u2 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(3-2016
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
RECEPTION#: 628989, 05/02/2016 at
_/� 3 09:32:07 AM,���'���� 5 i 1 OF 4, R $0.00 Doc Code RESOLUTION
AA-0/ /j t d Janice K. Vos Caudill, Pitkin County, CO
C
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 No403-2016
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.6663-2015
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 finds 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 finds that White Star Drive and Meadowlark Lane comply with the standards of the
RMMP.
12. The BOCC further finds 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 fmds 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 finds 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.10-2015
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. .. -2015
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
yt,av j /3 , 2019.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the 10t 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 5 day of Int- ,2016.
BOARD OF COUNTY COMNIISSIONERS,
PITKIN COUNTY,COLO' •,.I•
By ikk„
4.„,�-,........_ -
I
R..chel E.Richards, Ch.,'
ST:
anette Jones, Cl; k to the BOCC
• 'PROVED AS TO CONTENT: APPROVED AS TO ORM:
lICAPZ(411&-Ni Or 410. 1 k-------
indy Houben -delEly LitAnra.. ` a,eetiK
Community Development Director 4-54 ,j/County Attorney
P083-15
PID#264315400009&264315301002
RECEPTION#: 628993, 05/02/2016 at
CONTRACT __ 09:55:52 AM, '
1 OF 7, R $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 DEVE -OPMENT
AGREEMENT ("Agreement") is made and entered into this,�day of pl / 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
of Pitkin County, Colorado on - , 2016 at Reception No.
6,9_o99 (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 rcS49/ • J. La Cr 1)C
Title: A Lin pci&j 4t ( 4-(411
STATE OF QoLo12Aa D o )
)ss.
COUNTY OF Pi<kc ) )
The foregoing Agreement was acknowledged before me this (0 day of
A e k , 2016 by WIA) 1, L-ACP-ot% (name) as A A• 1fPJe l (title)
of MAM Aspen LLC, a Delaware limited liability company.
WITNESS my hand and official seal.
My commission expires: Di- / g` —L
SASHA LYN SEMPLE 52<eikkt.42- .
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID#19964011120 I Notary Public
My Commission Expires July 18,2016
6
IN WITNESS WHEREOF, the parties hereto have executed this instrument on the day
and year first above-written.
THE COUNTY: A rr rry U�GQ c« �o !Pn1
Board of County Commissioners 41,
Pitkin County, Colorado
By: N` I.. Gr< C'_ ))16,_(.4
Rachel Rich ds, Chair 459/9 u / 4h�1
STATE OF eo/OJ,4 )
)ss.
COUNTY OFr > i / ' )
•
The foregoing Agreement was acknowledged before me this ?-Y day of
/4-72 / , 2016 by Rachel Richards, Chair of the Board of County Commissioners of
Pitkin County, Colorado.
WITNESS my hand and official seal.
My commission expires: 7--/5"--015/6
trA • r
LINDA GUSTAFSON otary Public
NOTARY PUBLIC
STATE OF COLORADO 1111
NOTARY ID 20084023886
MY COAAAAISSION EXPIRES JULY 15,2016 ,
7
` /� 09:55:53 AM#: 628994, 05/02/2016 at
MCT
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 day of
h I , 2016 between MAM ASPEN LLC, a Delaware limited liability company
("G ntor")whose address is c/o 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.703-2016 of the Board of County Commissioners of
Pitkin County, Colorado recorded in the Office of the Clerk and Recorder for Pitkin County,
Colorado on 5-- — /6 , 2016 as Reception No.6 Wq'l (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.
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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
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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
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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: Ctirgjvaha" T, L,� Ceo��c
Title: !U l 01�u 1 �c 1p-t- ,-�-r`�tv'�
STATE OF cpw�A DO )
) ss.
COUNTY OF ps,‹KN )
Subscribed, sworn to and acknowledged before me this 6 day of PQ( I , 2016 by
ekrtS'� kt i kC� as ,a►u4 I &?eJ.-If( of MAM Aspen LLC, a Delaware limited liability
company.
Witness my hand and official seal.
My commission expires: 0911e/ "VD
SASHA LYN SEMPLE
Notary Public
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID#19964011120 3
My Commission Expires July 18,2016 x
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,
COLORA
By: AA-A__.. ....<-- ---...z.,-
Prin - ame: Rachel E. Rich s
Chair
ATTES :
By: I.1 4 'A.. , 41rA tk
Prin , ame:
Titl; �'erlc 7'o zi30/W d
Approved:.___
ppro� as to Form:
By : eee,--"EgOA_______.
Print e: Laura C. Makar
Assistant Pitkin County Attorney
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
Subscribed, sworn to and acknowledged before me this ?8 day of i 1 ,
2016 by ?�1 e g'cA/msis Chair of The Board of County Commissioners of Pitkin
County, Colorado and by�p,/,,,,eg,e 9JAe as �1�—I -- ,,Lle a a1
Witness my hand and official seal.
My commission expires: 1— /5—21)/4.
,....)otary Public
x✓LINDA GUS-TA-FSON
1 STATE OFTOFCOLORADO
NOTARY ID 20084023886
MY COMMISSION EXPIRES JULY 15,2016
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