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HomeMy WebLinkAboutbocc.ord.028.2016 R�u®NUIUIIuD.I•II CONTRACT#j2_-12_;...- �/ DOC CODE ORDINANCEEPTIONS:6.31135R,R:!ODD.D.10.00 eI ( Pg 1 of 7,0212412017 012:00:37 PM -fc Janice K.Vas Caudill,Pitkin County,CO AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,COLORADO ACCEPTING A DEDICATION OF EASEMENT FROM 34 PLACER INC ALONG RED MOUNTAIN ROAD ORDINANCE NOD/B-7016 RECITALS I. Pursuant to 30-35-301 C R.S.,the Board of County Commissioners("BOCC")of Home Rule Counties is authorized to make and publish ordinances for carrying into effect or discharging the powers and duties conferred upon such counties by law and as seems necessary 2 Pursuant to Section 2.81 of the Home Rule Charter,the BOCC is authorized to take official action by Ordinance for certain malleo where action is prescribed pursuant to the Colorado Revised Statues as amended 3. The BOCC of Pitkin County,Colorado approved 11w subdivision of two parcels of land along Placa Lane with Resolution No. 152-2005 and Resolution 135-2006 This Subdivision Exemption approval included a condition requiring the granting of an easement for Red Mountain 4 The owner 34 Placer INC,of certain property legally described as Lot 2,George Family LIC Subdivision has agreed to dedicate those areas located cast of Red Mountain as desenbed on Exhibit A,and as more particularly described on Exhibit B,each attached hereto and made a pan hereof(the"Road Easement"). 5. The BOCC desires to accept an casement as described in the Road and Utility Easement Deed and Agreement in Exhibit A and Exhibit B. 6 The BOCC finds that adoption of this ordinance is in the best interest of thc citizens of Pitkin County. 7 The Board finds that adoption or this ordinance es necessary far the immediate preservation of the public health,safely and welfare of the citizens of Pitkin County and therefore declares this ordinance to be effective immediately upon adoption NOW THEREFORE, BE IT ORDAINED that the Board of County Commissioners of Pitkin County,Colorado, authorizes the dedication of an easement from 36 Placer Inc,and the chair of the Board of County Commissioners of Pitkin County,Colorado is further authonzcd to execute such documents as necessary to consummate this transaction subject to the recommendation for approval as to fon by the County Attorney. RECEPTION# 636356,0212412217 at 12 00 37 PM, Pg 5 2 of 7.Jarce K Vos Caudill,Pitkin County,CO INTRODUCED AND FIRST READ ON THE /tA DAY OF P 2016 177 SET FOR SECOND READING AND PUBLIC HEARING ON THE 9/ DAY OF 0,i3 'Jay 2016. NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE O ANCE PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE. g. DAY 2016. NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE ORDINANCE POSTED ON THEE FICIAL PITKIN COUNTY WEBSITE 1 www.pitkincounty(Alm)ON THE `d DAY OF 1 4r,s s,logy 2016. PTED AFTER FINAL READING AND PUBLIC HEARING ON THE 4/d DAY OF 2016. PUBLISHED BY TITLE AND SNORT SUMMARY,AFTER ADOPTION, IN THE ASPEN TIMES WEEKLY ON THE _DAY 6F\ ,h-. h„Y 2016. POSTED BY TITLE AND SHORT SUMMARY.:[ THE OJQCIAL PITKIN COUNTY WEBSITE(www pokincountv-com)ON THE93 DAY OF t.Ad.eAs(.r,2016. ATTE T. BOARD OF COUNTY COMMISSIONERS K 1lPZ 1 Jean -Tones Rachel E.Ric ds,Chair Depu,•County Clerk , Dae /7 '7/-16/0 APPROVED AS TO FORM MANAGER APPROVAL — Ak Johnn$ly ltumcy Jon P ock,County MaMgcr RECEPTIONL 636356,02/2412017 at 12.0037 PM, Pgs 3 of 7,Janice K.Vos Caudill,Pitkin County,CO CONTRACT# 1± ROAD AND UTILITY EASEMENT DEED AND AGREEMENT 1 fns Access and tdu 1tty Easement Deed and Agreement (this"Agreement')is made and 7, entered this da3 or nital _ (the "Effective Date"). by and between 34 Placer, enc. ("Grantso), a d �t fdt. ' . whose address u f,3 ,/fk `el ler‘ ("Granteeor 'County"). For good and valuable consideration, the receipt and s nency of which are hereby confessed and a_knowtedged, Grantor and Grantee hereby make the following grants,agreements and covenants RCCf1'ALq A Grantor is the owner of certain property legally described as Lot 2, George Family LLC Subdivision,according to the plat thereof recorded December 29, 2006,in Plat Book 82 at Page 24, as Reception No. h32739, a/k/a 34 Placer lane, Pitkin County, Colorado ("Grantor'§ B. Grantee owns and maintains a section of Red Mountain Road, Atkin County, Colorado adtaccrt to Grantor's Property("G.tantte's Property) C Grantee desires to enter euro an agreement with Grantor for the grant of 2 perpetual, nonexclusive road and utility casement across Grantor's Properrl as shown on EXHIBIT A,and as more particularly described on EXHIBIT B,each attached hereto and made a pan hereof(the "Road Easement"). D Grantee acknowledges that this easement satisfies all requirements in prior approvals for an easement or tight-of-way for Red Mountain Road, including, without limitation, Resolution 152-2005 recorded November 22, 2005 as Reception No 517673 and Resolution 135-2006 recorded November t3,2006 as Reception No 531999 '1HHEREFORE, in consideration of the Recitals, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and subtect to the terms and condinons hereof,the Patties agree as follows AGREEMENTS I A r ss and UdLty Eacement Grarnnr hereby sells, bargains, grants, quitclaims, conveys, assigns,establishes,and creates to and for the benefit of Grantee,for Grantee's use and the use of Grantee's licensees, guests and invitees, a perpetual, non-exclusive easement across the Road Easement fur the construction and maintenance of Red Mountain Road, Installation and maintcnante of underground utilities, drainage and snow removal for Red Mountain Road, and similar uses typical of a roadway easement Grantor rerenves the rights of ownership and use of Grantois Property insofar as Grartors ownership and use does not impair or interfere with Grantee's nghts hereunder. 2- Consideration In exchange for the Road Easement granted above, Grantee agrees that the Road Easement shag be considered for all purposes an easement and nota tight-of-way for purposes of calculating development setbacks under Section 5 20-30 of the Pitkin County Code. RECEPTIONS 636356,02124/2017 at 12 CO 37 PM,Pgs 4017,Janice K VosCa rlin, Pitkin County,CO 3 ,(•axes. Grantor shall pay all property taxes associated with Grantor's Property, including the portion eublect to the Road Easement 4 Warranties Grantor warrants that a has all necessary power 2nd authority to grant the Road Easement and that this Instrument has been duly authonzed, approved, and executed. Grantee warrants that this instrument has been duly authorized, approved, and executed by Grantee 5 Insurance. Dunng the term of this Agreement, the Loamy will maintain commercial general liability assurance with respect to its use of the Road Easement. 6 Liahjhyy Termination. Whenever Grantor's or Grantee's Proper?, is transferred. the transferor shall have no further liability under this Agreement for any breach of this Agreanent occurring after such transfer 7 Modification No provision or term of this Agreement may be amended, modified, revoked, supplemented, waived, or otherwise changed except by a written instrument duly executed by the Parties hereto or such others as may from tune to time own an interest in thc respective Properties 6 Attorneys' Fres If any action is commenced between the Parties concerning this .\greemcnt or for the enforcement of tights and dunes of any Party pursuant to this Agreement, the court shall award the substannally prevailing Party in the action as reasonable attorneys fees in addition to any other relief that may be granted. 9. Successors and Assigns/Covenants Ron With Land. The terms and conditions of this Agreement bind and inure to the Grantor's and Grantee's benefit, and their respective successors and assigns.The Road Easement granted herein shall constitute a covenant running with the land and shall bind Grantor's Property described herein and inure to rhe benefit of and be binding upon the parties and their respecnve successors and assigns, and any persons claiming by, through, or under them Notwithstanding anything to the contrary, this easement is subject to existing casements of record and accruing under common law 10. \lechanu's.LcII. Nothing contained herein shall authonze a par) or person acting through,with,or on behalf of the County to subject the Road Easement or Grantor's Property or any portion thereof to mechanics' bens. If any such hen is filed against Grantor's Property, the County will promptly cause such ken to be discharged or otherwise released from record. 11 S'nnstmction This Agreement resulted from review and negouaoons between the parties and their attorneys This Agreement will be construed to have been drafted by all of the pames so that the rule of construing ambiguities against the drafter will have no force or effect. 12 Governing Law. This Agreement is governed by the laws of the State of Colorado,without reference Lu coif icts of law principles. RECEPTION*636356,02/24/2017 a 12 00 37 PM. Pgs 5 of 7,Janrce K Vos Caudill, Pak n County,CO 13 Asethonzanon Bach party is authorized and empowered to execute this Agreement and all necessary corporate or partnership action has been taken to authorize execution of thus Agreement 14 Counterparts. 'This Agreement may be executed in counterparts, tach of which shill be deemed to consDmte an original and all of which when taken together shall constitute one and the sane instrument provided, however,that this Agreement will not become binding upon any party unless and until c,ccund (whether or not in numterpart) by aE the paints In witness whereof, the undersigned have executed and delivered this Agreement as of the Effective Date. GRANTOR: GRANTEE: 34 Pt.n.ER,1N't. IPakrn ConntyJ l Al .cuL L .1 ck,Authorized Agent / SI'A'I'I(OF COLORADO ) )Ss. COUNTY OF EAGLE ) The foregoing instrument was acknowledged before mc this 244 day of January,2017, by Lucas Peck,as Authorized Agent In 34 Placer,Inc My Commission Expires. 1375/9 Witness my hand and official seal •= 4--- C- 14 4aTRU MAN OcO Nor 'Public NOTARY/ he er. OF COL 0414400 NOTARY'!ID s 20114047115 Nr CORYWg11rlIMS AuOUeT O ore S A 1L' [ OLURADO ) ) ss COUNTY OF PITKtq ) The foregoing instrument was acknowledged before me dusd*day of Fe {](LLG, 2911 b}kOCIY} . WnW11, as CVsa:r or Adad lo4(ciu.4.4.0VAN;%.oreri ikdY'Boa n.o.t Expiry', Witness my hand and official seal JLL JANE A.ACNEY Nat •Publict ROTARY TAMIL STATE 0?COLORADO NOTARY it a,995iO01111r WY CO WASSiOR FAIDRES Ancon ee 7010 RECEPTION# 636356.02/2412017 at 12 0037 PM.Pgs 6 of].Jenice K Vas Caudill, Prtkin County.CO EXHIBIT A-SURVEY :i+iii. _ swim-- rasa- _-at- \ CPltiavfxww.• 1 , 1 I ws- I \ " .. - F ;�. \ -c::::11%\.< k,,•' y 3••• "-‘-'=--____-.1:-72- S 1 `V - 1ti • • 1414 04. lirdra `i St.v CF sem..—.a% RECEPTION#:C36356,02/24/2017 at 12 00'77 PM, Pgs 7 of 7,Janice R Vos Caudill, P,tk n County,CO EXHIBIT If—LEGAL DESCRIPTION RFI) MOUNTAIN ROAD EASEMENT A ROAD EASEMENT,LYING ENTIRELY IN IAT 1,GEORGE FAMILY LIC SUBDIVISION, ACCORDING TO THE FINAL PLAT THEREOF RECORDED DECEMBER 29,2006 IN PLAT BOOK 82 AT PAGE 14 AS RECEPTION NO 532739,COUNTY OF PITKJN,STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLI.OW 5s BEGINNING AT A POINT BEING THE SQ I'I MERIT MOST CORNER OF SAID LOT 2 THENCE,N 50°20'03"E 27.34 FEET ALONG THE.BOUNDARY BETWEEN LOT 2 AND LOT I SAID SUBDIVISION, THENCE,N 22°51'27"1V 115.47 FEET; THENCE,N 19°07'77"W 31.14 FEET, THENCE,N 07°57'30"W 65 41 FEET; THENCE,N 0723110 W 111317 FEET TO'FHE MOS I NOR I MERLE PROPERTY LINE OF SAID LOT 2; THENCE S 79'25'00"W 11 94 TO THE NW CORNER 01- SAID LOT 2'. TI IENCE THE FOLLOWING COURSES ALONG TIF WESTERLY BOUNDARY OF SAID LOT 2- S 09°40'01"E 12.62 FEET; S 06°17'30"E 195 34 FEET, 5 23'1270"F 131.02 FEET TO THF POINT OF BEGINNING CONTAINING. 6,827.6 SQ I'T +/- PREPARED BY JOHN M HO WORTH Pt S.25947 1A5E111)13 F151128G) RECEPTION*638556.02/202017 et 1200'37 PM,Pis a of 7.Janice K.Vas Caudill,Pitkin County,CO APPHuVED BY ORDINANCE CONTRACT#1d # D °fid'-`f2oi, ROAD AND UTILITY EASEMENT DEED AND AGREEMENT Ibis Access and IJollty Ea13ced and Agreement(this"Aprrqurnt")is made and entered this/"�e�Mimi, tsar{semeu (the a)fabrtfvrfjyte"),by and between 34 Placer, Inc t x amasses 1. a d `/trite. e &r whose address u /13 fs.MIR iron* ("Grantee" orCounryl. For good and valuable consideration, the receipt and a aecy of which are hereby confessed and acknowledged, Grantor and Grantee hereby mike the following gams,agreements and covenants. RECITALS A Grantor is the owner of certain property kgally described as Lot 2,George Family /IL: Subdivision,according to the plc thereof recorded December 2'1, 2006,in Plat Book 82 at Page 24, as Reception NIL 532?39, a/k/a 34 Placer lane, Pitkin County. Colorado ('Granmr'a B. Grantee owns and maintains a section of Red Mountain Road, Polon County,Colorado adjacent to Grantors Property C C!Llte's Pr/peely'). C. Grantee desires to enter into an agreement with Grantor for the gram of a perpetual, euneaduave road and utility easement across Gaato/s Property as shown on EXHIBIT A,and as mine particularly described on EXHIBIT B,Lich attached hereto and made a part hereof(the Toad P.asrmeta"), D. Grantee .cknowiedgu that this easement satisfies all rc9uuementa in prior approvals for an casement at tight-of-way fns Red Mountain Road, including, without Emulation, Resolution 152-2005 recorded November 22, 2005 as Reception No. 517673 and Resoludro 135-2006 recorded November 13,2006 as Reception No. 531999. THEREFORE, in consideration of the Recitals, and for other gond and valuable consideration,the receipt and sufficiency of which are hereby acknowledged, and subject to the tams and conditions hereof,the Patties agree as follows. AGREEMENTS 1. Acros and Umber Easement,Grantor hereby scan,hawks', grants,quitclaims,conveys, assigns,establishes,and creates to and for the benefit of Grantee,for Grantee's use and the use of Grantee's lirauees, guests and invitees, a perpetual, oon.esclusive easement across the Road Basement (or the osnatnsction and maintenance of Red Mountain Road, installation and maintrsade of underground Whin,drainage and snow removal fur Red Mountain Road,and sindsr uses typical of a roadway easement. Gnrtor tc>erve> the rights of ownership and ow of Grinds Propecry insofar as Grantors ownership end use does not impair or interfere with Grantee's tights hereunder. 2. Cemsidsradrn. la exchange for the Road E semeat granted above,Grantee agrees dist the Road Easement shall be considered for all purposes an easement and not a right-of-way far purposes of calx development setbacks under Section 5-20.30 of the Pitkin County Code. 11111111111111111111111111111111111111111111 RECEPTIONS:642682,R:$0.00,D:$0.00 DOC CODE: EASEMENT P81 M 5,10/24/2017 at 02:48:25 PM Janice K.Vos Caudill,Pitkin County, CO REC?PTICNte 636356.02/24 2 011 et 13.00:37 PM,Pg54 at7,Janice N vos ca odIy,PIlklm County,Co 3. ]amm.Grantor shall pay all property taxes associated with Grantor's Property.including the portion subject to the Road Easement. 4. Warranties, Grantor watranra that n has all neceuary power and authonty t0 grant the Road Easement and that this instrument has been duly authorized, approved, and executed. Grantee warrants that this instrument has been duly authorized, approved. and executed by Grantee. 5. Jnurnnrc During the term of this Agreement, the County will maintain commercial general liability insurance with respect to iia use of the Road Easement. 4 Lim lideg.agrn Wherever Grantor's or Grantee's Property is transferred. the transferor shill have no fiuthrrr liability under this Agreement For my breach of this Agrccmcnt occurring after such transfer. 7. pfsalifiratinn No provision or terns of this Agreement may be amended, modified. revoked, supplemented, waived, or otherwise dungcd except by a written Sunman duly executed by the Parties hereto or such othen as may from time to :tory own an interest in the respective Properties. 8. Alum/eye Pres. ff soy action is commenced between the Parties concerning this Agreement en for the enforcement of tights and duties of any Party pursuant to this Agreement, the court shag sward the subaundally prevailing Party in the action its reasonable attorneys' fees in addition to any other relief that may be granted. 9. cs¢easan and AulymoiCmena_tx Run W th 1 and The terms and conditions of this Agreement bind and inure to the Grantor's and Grantee's benefit,and their respective successors and assigns The Road Easement granted herein shall constitute a covenant running with the land and shall bind Grantors Property described herein and mute to the benefit of and be binding upon the panics and their respective saccessocs and assigns,and any pentons claiming by,through,or undes dive. Notwithstanding anything to the conrary, this easement is subject co existing • casements of record and accruing under common law. 10.Alrrhsnic's Uena, Nothing contained herein alai' aurhocize a party or person arcing through,with,et on behalf of the County to subject the Road Easement or Gramme s Property or any portion thereof to mevhamrs' liens If any such lien i.t fated against Grantor's Propene.the County will promptly cause such ben to be discharged or otherwise released from record. 1I.J'nattntrripy,Tnis Agreement resulted from review and negotiations between the patties and their attorneys.This Agreement will be constmed to have been drafted by sit of the panes so that the Wile of construing ambiguities against the drafter will have no forts or effect. 12.Governing Law This Agreement is governed by the laws of the State of Colorado,Without reference to con(luts of law pdnnples. 00'dyuno0 Whl!d 'Mimeo sort N aaiuef•S to Z s6d 'Wd gt:8p:Z0 to 11-OZIPZIOL 'Z9SZf9:$$NOI1d303a1 RECEPTION#642562,1017412017 at 02.46 25 PM, Pgs 3 of 5,Janice K Vas Caudill,Pitkin County,CO KECEPTIONt$86351,02/224/209 at f2:00.37 PM,Pgs 5 of 7.Janice K.Vos Caudill,P9k n County.Co • fJ Andacedz thio,Each panty is enchanted and aupowtted to execute this Attestant'and all necessary cu urate otpartnership action has been taken to authorize ezecutionoftho,igreement It Cmnrerpnt. 'ibis Agreement may be executed m couatapatts,cacti of which Shan be deemed to consoture an original and all of which when taken together shall constitute one and the saint nanumene provided,however,this this Agreement will not become binding upon any party smkss and and executed(whether or not in counterfoil)by et the parties In witness whereof,she undersigned have executed and delivered iiia Agreement es of the Effective Date. GRANTOR: • GRANTEE: 34 Puit:te,1Kt (Pstkm Caunrj 0_ x_ .A. ..,Authorised Agent /S TATE OF COLORADO ) ) ns- C.01WITY OF MOLL ) The foregoing inatnnnent n ackr ow*-' r't before me Mb 24th day of January.2017,by Lucas Peck,as Authorized Agent fn 39 Placer,Inc. My Commission Espies: 8181' \Vitncs%my hand and official sed. ff Maaaionow N Public aMO auaW: names wfoaauu wwvtoa»staar is Y.falUrUAaaaAUU t4ta AII:IR'wL 7�iC4UO i }ss. COUNTY OF'Pt'(Y.1a ) The forrpnusg ins of was acknowledged before me thiai' ay of Tee Into An{ A411� as SY^A• of biswail(nunLg f asesie &onb1 Ai Mytismsniesion Expires' .4 _ W*nms my band and official seat . atapR�1anwK Nnr •Public oars tlr ca60.aen non q•snelMIN? n iawNaoaain J,&O46rM int RECEPTION#642562, 10/24/2017 at 02:48 25 PM, Pgs 4 of 5,Janice K.Vos Caudill,Pitkin County,CO RECEEPTONR 337166,0112413017 at1?0037PM,Pgs 6 of 7,...an ce 4 Vos Covdtr,PRkr,Count?.CO • EXHIBIT A—SURVEY -a'iili r=1 I ecoeiwrW' I _netw ---- «r-- t I i 1 I `��. 1 *1e _ 1- 4,7-4, / 7 --- -.,_.� ltd\ N" �.. N ki . -I. N ♦yY.G y�.4p ' 1 —.w• .1.?' >\t• \a\. 1 q : .,,.T.� l �� --- i. . - RECEPTION# 642562, 1 0/2 412 01 7 at 02:48 25 PM, Pgs 5 of 5,Janice K Vos Caudill, Pitkin County,CO RECEPTION#434360,0271412017 et 12:00:37 PM,Pgs 7 of 7,Janice K.Vos Caudill,P6kin County,CO EXHIBIT B—LEGAL DESCRIPTION RED MOUNTAIN ROAD EASEMEN1 A ROAD EASEMENT,LYING ENTIRELY IN LOT 2,GEORGE FAMILY LIZ SUBDIVISION, ACCORDING TO THE FINAL PLAT THEREOF RECORDED DECEMBER 29.2006 IN PLAT BOOK 12 AT PAGE 24 AS RECEPTION NO.532139.COUNTY OF PITKM.STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS' BEGINNING AT A POINT BEING THE SUIRHERLY MOST CORNER OF SAID LOT 2 TIIENCE,N 50°2007'E 2734 FEET ALONG THE BOUNDARY BETWEEN LOT 2 AND LOT I SAID SUBDIVISION; TIIENCE,N 2P512TW 125.47 FEET; THENCE,N 19°0797"W 31.14 FEET, THENCE,N 07'5130"W 65.11 FEET; THENCE,N 092790"W 103.17 FEET TO THE MOST NORTHERLY PROPERTY LINE OF SAID LOT 2: THENCE S 79°2500"W 11.94 TO THE NW CORNER OF SAID LOT 2: THENCE THE FOLLOWING COURSES ALONG THE WESTERLY BOUNDARY OF SAID LOT 2' 509°1001"E 12.62 FEET; S 06'1730'E 195.34 FEET; S 2722'70"F. 131.02 FEET TO THE.POINT OF BEGINNING. CONTAINING:6.127.6 SQ.FT.+/. PREPARED BY. JOHN M.HOWORTH P.L.S.25947 (ASEI 1001151729G)