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Home My WebLink Aboutbocc.ord.017.2017 1111111111111111111111 1111111111111111111110 Ill I1 HIII0lUl ll 11 RECEPTION/I: 639120, R: $0.00, D:$0.00 DOC CODE: ORDINANCE Pg 1 of 7,06/14/2017 at 11:45:14 AM �/ Janice K.Vos Caudill, Pitkin County, CO tOTRACT # / (j Q____. -- t4, AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKiN COUNTY,COLORADO ACCEPTING THE DEDICATION OF A ROAD RIGHT-OF- WAY EASEMENT FROM AML INVESTMENT IV,LLC ORDINANCE NO.00-2017 RECITALS 1. Pursuant to Section 2.81 of the Pitkin County Home Rule Charter, the Board of County Commissioners of the County of Pitkin, Colorado (the "BOCC") is authorized to take official action by Ordinance for certain matters as set forth in the Home Rule Charter as well as the Colorado Revised Statues as amended; 2. AML Investment IV, LLC ("Owner") is the owner of certain real property legally described as Lot 1, George Family LLC Subdivision, according to the plat thereof recorded December 29,2006,in Plat Book 82,Page 24,at Reception No.532739 in the real property records of the Pitkin County Clerk and Recorder's Office,also known as 76 Placer Lane, Aspen,Pitkin County,Colorado("Grantor's Property"); 3. Pursuant to BOCC Resolution No. 135-2006 and Resolution 123-2016,the Owner shall grant a Right-of-Way easement to Pitkin County for Red Mountain Road that extends thirty (30) feet from the centerline of the existing road onto Grantor's Property, 4. The Road Right-of-Way Easement Grant and Agreement ("Agreement") is proposed to dedicate to Pitkin County a right-of-way easement for Red Mountain Road(the"Road Easement")upon the terms and conditions set forth in the Agreement. A copy of the Agreement is appended hereto as Exhibit I; 5. Pursuant to Resolution No. 123-2016, Owner shall amend the Final Plat of the George Plat of the George Family LLC Subdivision recorded in Plat Book 82 at Page 24 to include the dedicated Road Easement. The Amended Plat depicting the Road Easement is appended to the Agreement as Exhibit A and shall be recorded concurrently with the Agreement; 6. The BOCC desires to accept the Road Easement as described in the Agreement and depicted and described on the Amended Plat; 7. The terms of the Agreement are set forth,and the Chair(or Chair's designee)shall be authorized to execute the Agreement in a form similar to that attached hereto as Exhibit 1 approved by the Pitkin County Attorney's Office; 8. The BOCC fords that adoption of this ordinance is necessary for the immediate preservation of the public health,safety 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 the County of Pitkin,Colorado,accepts the dedication of a road right-of-way easement from AML Investment IV,LLC,and the chair of the Board of County Commissioners of the County of Pitkin, Colorado is further authorized to execute such documents as necessary to consummate this transaction subject to the recommendation for approval as to form by the County Attorney. INTRODUCED AND FIRST READ ON THE /O DAY OF 1 _20t/ AND SET FOR SECOND READING AND PUBLIC HEARING ON TH DAY OF irli lcr, 20 . NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMAR( OF THE ORDINANCE PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE /l DAY OF ?'V 20/1 NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE ORDINANCE POSTED 9N THE OFFICRLL, PITKIN COUNTY WEBSITE (www.pitkincounty.com ) ON THE /!64• DAY OF Y 11 Ur 20 AD PTED AFTER FINAL READING AND PUBLIC HEARING ON THE d•'QDAY OF ___Elit_____2012 PUBLISHED BY TITLE AND SHORT SUMY, AFTER ADOPTION, IN THE ASPEN TIMES WEEKLY ON THE I/ DAY OF al tAYt.t.. 20/i POSTED BY TITLE AND SHORT SUMMARY ON THE'O^�FICIAL PITKIN COUNTY d' WEBS ITE(www.pitkincounty.com)ON THE°- DAY OF nil _ 2021 A - T: BOARD OF COUNTY CO ISSIONERS I I ' r D B ( l.,(40�..� �' By: ,'LQ� ) 1lb.,(y•�' /'`' J 1.tte Janes George Newrnarg Chair '. , D=i ty County CI ` Date: 1 9 APPROVED AS TO FORM: MANAGER APPROVAL 1' 1l i VI - - AL`ounty •name),kaa V. Aittiir .n P • ()CR,County Manager 4TT I ROAD RIGHT-OF-WAY EASEMENT GRANT AND AGREEMENT This oa11 Right-of-Way Easement Grant and Agreement ("Agreement") is made and entered this day of et .,32._ 2017 (the "Effective Date"), by and between AML 1NVES IV,LLC, a Nevada limited Iiability company("Grantor")whose address is 430 Parkson Road, Henderson,Nevada, 89011 and BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO("Grantee" or"County") whose address is I23 Emma Road, Suite 106,Basalt,Colorado 81621. . RECITALS 1. Grantor is the owner of certain property legally described as Lot 1,George Family LLC Subdivision,according to the plat thereof recorded December 29,2006,in Plat Book 82,Page 24,at Reception No.532739 in the real property records of the Pitkin County Clerk and Recorder's Office, also known as 76 Placer Lane,Aspen,Pitkin County,Colorado("Grantor's Property"); 2. Grantee owns and maintains a section of Red Mountain Road, Pitkin County, Colorado("Red Mountain Road")a portion of which traverses Grantor's Property; 3. By the execution of this Agreement, Grantor desires to convey to Grantee a non- exclusive right-of-way easement for ingress and egress across Grantor's Property as shown on EXHIBIT A,and as more particularly described on EXHIBIT B,each attached hereto and made a part hereof(the"Road Easement"). By execution of this Agreement,Grantee desires to accept the easement as provided herein; and 4. Grantee acknowledges that this easement satisfies all requirements in prior approvals for an easement or right-of-way for Red Mountain Road,including without limitation, BOCC Resolution No. 135-2006 recorded in the real property records of the Pitkin County Clerk and Recorder's Office at Reception No.530999 and BOCC Resolution No. 123-2016 recorded in the real property records of the Pitkin County Clerk and Recorder's Office at Reception No. 635953. 4 AGREEMENT • 1. Grant of Right-of-Way Easement. Grantor hereby sells, bargains, grants, quitclaims, conveys, assigns, establishes, and creates to and for the benefit of Grantee, for Grantee's use,use by the general public,and the use of Grantee's licensees, guests,invitees, and its successors and assigns,a perpetual,non-exclusive right-of-way easement in the location of the Road Easement over and across Grantor's Property for the construction and maintenance of Red Mountain Road,installation and maintenance of underground utilities,drainage and snow removal for Red Mountain Road,and similar uses typical of a right-of-way easement Grantor reserves the rights of ownership and use of Grantor's Property insofar as Grantor's ownership and use does not impair or interfere with Grantee's rights hereunder. 2. Consideration. In exchange for the Road Easement granted above,Grantee agrees that,as set forth in BOCC Resolution No. 123-2016,the Road Easement shall not deduct from the Lot Area calculation(for purposes of calculating Floor Area for the Lot). ' 1 ;r 3. Taxes. Grantor shall pay all property taxes associated with Grantor's Property, including the portion subject to the Road Easement_ 4. Insurance. During the term of this Agreement, Grantee will maintain commercial • general liability insurance with respect to its use of the Road Easement. 5. Mechanic's Liens.Nothing contained herein shall authorize a party or person acting through, with,or on behalf of Grantee to subject the Road Easement, Grantor's Property, or any portion thereof to mechanics' liens. If any such lien is filed against Grantor's Property,Grantee will promptly cause such lien to be discharged or otherwise permanently released from record. 6. Warranties. Grantor warrants that it has all necessary power and authority to 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. 7. Default. Either party shall have the right to enforce the obligations of performance of the other party as contained herein through litigation seeking an award of damages or injunctive relief 8. 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 the parties'successors and/or assigns. 9. Successors and Assigns/Covenants Run 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 the benefit of and be binding upon the parties and their respective successors and assigns,and any persons claiming by, through,or under them. Notwithstanding anything to the contrary, this easement may be subject to existing easements of record or accruing under common law. 10. Governing Law; Venue, Attorney Fees. This Agreement and the rights and obligations of the parties hereunder shall be governed by and construed in accordance with the 11 laws of the State of Colorado. Venue for all actions arising under this Agreement shall be Pitkin County,Colorado. In the event legal remedies must be pursued to resolve any dispute or conflict regarding the terms of this Agreement or the rights and obligations of the parties hereto, the substantially prevailing party shall be entitled to recover costs incurred in pursuing such remedies, • including expert witness fees and reasonable attorney fees. 11. Severability. If any term or provision of this Agreement shall be held to be invalid or unenforceable by a Court with competent jurisdiction or by operation of statute,the remaining terms and provisions of this Agreement shall continue to exist and shall be valid and enforceable to the fullest extent permitted by law. 12. Authorization of Signatures. The patties aclmowledge and represent to each other that all procedures necessary to validly contract and execute this Agreement have been performed and that the persons signing for each party have been duly authorized to do so. 2 I3. No Waiver. The waiver by any party to this Agreement of any term or condition of this Agreement shall not operate or be construed as a waiver of any subsequent breach by any party. 14. Counterparts. This Agreement may be signed using counterpart signature pages, with the same force and effect as if all parties signed on the same signature page. IN WITNESS WHEREOF,the parties have executed this Agreement the date and year first above written. GRANTOR: GRANTEE: AML Investment IV,LLC P•itin County,Colorado (14 t . Christophell Bryan George Newma r,Chair Authorized Representative Pitkin County Board of Coun oners STATE OF COLORADO - ) )ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this_ d day of Tone ,2017,by Christopher Bryan,authorized representative of AML Investment IV,LLC. WITNESS my hand and official seal. My commission expires CP-9 /ao1S, . 1 . Eary Public . REBEKAH ORTELL STATE OF COLORADO ) NOTARY PUBLIC STATE OF COLORADO )ss- NOTARY to#20114005389 I COUNTY OF PITKIN ) /Comrnlssion Expires Foruary 22,2010 The foregoing instrument was acknowledged before me this aKCt day of L w t ,2017, by George Newman,as Chair of the Pitkin County Board of County Commissioners. WITNESS my hand and o tial seal. My commission expires k '4 nl y JANE A.ACHEY No f Public NOTARY PUBLIC STATE OF COLORADO NOTARY K 19954008967 • MY COMMISSION EXPIRES IDAUGUST 04 2019j 3 EXHIBIT A ♦YI•p•• 134T. NT A. crow• ./Yt•1 LLL .C•m..I. • •==1 :=..,... WZ131Y. ti �a • =•.. •.• r.:frT.30 r.— Frte' I ZYiAaT"z1v rum :1YTl r - ..�T y •... pusp..._............. ,/ 1. v. • _• `� � 2\ acs 1••••••(••w r«.». 1+ \ \ ' t– 1 War snuvrr.J r. =s.. 1.. / i wziFk r.o.orusnx._acv• 1 a — / / .... ._31:x. Z=- x :2.1.6.1=-. • 1 nom-r. .1 \..X„. :.ar..e.r-. 1• 1 •••.•n... 1 • C^ 10J47=estirz —=Y=1r."-....--- 1 ��.w...wo..-.- 11 • u.r nn•..r UH MIS.alialla M.. wa.m-M 4 EXHIBIT B [Legal description] A RIGHT OF WAY EASEMENT BASED ON THE CENTERLINE OF RED MOUNTAIN ROAD AS LOCATED BY ASPEN SURVEY ENGINEERS,INC.ON 02/15/17. LYING ENTIRELY IN LOT I OF THE GEORGE FAMILY LLC SUBDIVISION ACCORDING TO THE FINAL PLAT THEREOF RECORDED DECEMBER 29,2006 IN PLAT BOOK 82 AT PAGE 24 AS RECEPTION NUMBER 532739, COUNTY OF PITKIN, STATE OF COLORADO,MORE PARTICULARLY DESCRIBED AS FOLLOWS: LOT 1: BEGINNING AT A POINT BEING BOTH THE SW CORNER OF LOT 2 AND THE NW CORNER OF LOT I: THENCE,N 50° 19'56 E 23.12 FEET ALONG THE BOUNDARY COMMON TO LOTS I AND 2; THENCE,S 22°44'26 E 33.32 FEET; THENCE, S 18°59'28 E 45.66 FEET, THENCE,S 14°26'08 E 31.53 FEET; THENCE, S 13°50'13 E45.61 FEET; THENCE,S 13°18'17 E 29.30 FEET TO A POINT ON THE EASTERLY PROPERTY LINE OF LOT I SAID SUBDIVISION: THENCE, ALONG THE EASTERLY BOUNDARY OF SAID LOT I THE FOLLOWING COURSES: N 25°48'30 W 41.53 FEET; THENCE,N 14°47'20 W 6.42 FEET; THENCE,N 23°20'58 W 129.50 FEET TO THE POINT OF BEGINNING. CONTAINING: 2,611.8 SQ. FT. +/- 5 ...Immo. II 1111111111IIIIt11111IIIIIIIIIIIIIIIIIII11111111111IIIIIIIIII111111111liiI RECEPTION#: 639121, R: $0.00, D: $0.00 O ? DOC CODE: EASEMENT OONTRACT P9 1 of 5, 06/14/2017 at 11:45:15 AM Janice K.Vos Caudill, Pitkin County, CO ROAD RIGHT-OF-WAY EASEMENT GRANT AND AGREEMENT This oad Right-of-Way Easement Grant and Agreement ("Agreement") is made and entered this +"day of I. e. 2017 (the "Effective Date"), by and between AML 1NVESTM NT IV, LLC, a Nevada limited liability company("Grantor") whose address is 430 . Parkson Road, Henderson, Nevada, 89011 and BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO ("Grantee" or "County") whose address is l23 Emma Road, Suite 106,Basalt, Colorado 81621. . RECITALS 1. Grantor is the owner of certain property legally described as Lot I,George Family LLC Subdivision,according to the plat thereof recorded December 29,2006,in Plat Book 82,Page 24,at Reception No. 532739 in the real property records of the Pitkin County Clerk and Recorder's Office,also known as 76 Placer Iane, Aspen,Pitkin County, Colorado("Grantor's Property"); . 2. Grantee owns and maintains a section of Rcd Mountain Road, Pitkin County, Colorado("Red Mountain Road")a portion of which traverses Grantor's Property; 3. By the execution of this Agreement, Grantor desires to convey to Grantee a non- . exclusive right-of-way easement for ingress and egress across Grantor's Property as shown on • EXHIBIT A, and as more particularly described on EXHIBIT B,each attached hereto and made a part hereof(the"Road Easement"). By execution of this Agreement, Grantee desires to accept • the easement as provided herein; and . 4. Grantee acknowledges that this easement satisfies all requirements in prior • approvals for an easement or right-of-way for Red Mountain Road, including without limitation, 13OCC Resolution No. 135-2006 recorded in the real property records of the Pitkin County Clerk • and Recorder's Office at ReceptionNo. 530999 and BOCC Resolution No. 123-2016 recorded in the real property records of the Pitkin County Clerk and Recorder's Office at Reception No. • 635953. AGREEMENT • • 1. Grant of Right of-Way Easement. Grantor hereby sells, bargains, grants, quitclaims, conveys, assigns, establishes, and creates to and for the benefit of Grantee, for • Grantee's use,use by the general public, and the use of Grantee's licensees,guests, invitees, and i s successors and assigns. a perpetual,non exclusive right-of-way easement in the location of the . Road Easement over and across Grantor's Property for the construction and maintenance of Red • Mountain Road,installation and maintenance of underground utilities,drainage and snow removal for Red Mountain Road,and similar uses typical of a right-of-way easement.Grantor reserves the . • rights of ownership and use of Grantor's Property insofar as Grantor's owcersrip and use does not impair or interfere with Grantee's rights hereunder. 2. Consideration. In exchange for the Road Easement g-anied above,Grantee agrees that, as set forth in 130CC Resolution No. 123-2016, the Road Easement shall not deduct from the • • I,ot Arca calculation(for purposes of calculating Floor Area for the Lot). 1 3. Taxes. Grantor shall pay all property taxes associated with Grantor's Property, including the portion subject to the Road Easement. 4. Insurance. During the term of this Agreement, Grantee will maintain commercial general liability insurance with respect to its use of the Road Easement. 5. Mechanic's Liens.Nothing contained herein shall authorize a party or person acting through, with,or on behalf of Grantee to subject the Road Easement, Grantor's Property,or any portion thereof to mechanics' liens. If any such lien is filed against Grantor's Property, Grantee will promptly cause such lien to be discharged or otherwise permanently released from record. 6. Warranties. Grantor warrants that it has all necessary power and authority to 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. 7. Default. Either party shall have the right to enforce the obligations of performance of the other party as contained herein through litigation seeking an award of damages or injunctive relief. 8. 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 the parties'successors and/or assigns. 9. Successors and Assigns/Covenants Run 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 the benefit of and be binding upon the parties and their respective successors and assigns,and any persons claiming by, through,or under them. Notwithstanding anything to the contrary,this easement may be subject to existing easements of record or accruing under common law. 10. Governing Law; Venue; Attorney Fees. This Agreement and the rights and obligations of the parties hereunder shall be governed by and construed in accordance with the laws of the State of Colorado. Venue for all actions arising under this Agreement shall be Pitkin County, Colorado. In the event legal remedies must be pursued to resolve any dispute or conflict regarding the terms of this Agreement or the rights and obligations of the parties hereto, the substantially prevailing party shalt be entitled to recover costs incurred in pursuing such remedies, • including expert witness fees and reasonable attorney fees. 11. Severability. if any term or provision of this Agreement shall be held to be invalid or unenforceable by a Court with competent jurisdiction or by operation of statute,the remaining terms and provisions of this Agreement shall continue to exist and shall be valid and enforceable to the fullest extent permitted by law. 12. Authorization of Signatures. The parties acknowledge and represent to each other that all procedures necessary to validly contract and execute this Agreement have been performed and that the persons signing for each party have been duly authorized to do so. 2 13. No Waiver. The waiver by any party to this Agreement of any term or condition of this Agreement shall not operate or be construed as a waiver of any subsequent breach by any party. 14. Counterparts. This Agreement may be signed using counterpart signature pages, with the same force and effect as if all parties signed on the same signature page. IN WITNESS WHEREOF,the parties have executed this Agreement the date and year first above written. GRANTOR: GRANTEE: AML Investment IV,LLC Pi ikin County,Colorado �4W y �'�, Christopher Bryan George Newma Chair t Authorized Representative Pitkin County Board of CounP)•Commioners STATE OF COLORADO ) )ss. COUNTY OF PTFKIN ) The foregoing instrument was acknowledged before me this_ d day of Tone ,2017,by Christopher Bryan,authorized representative of AML Investment IV,LLC. WITNESS my hand and official seal. My commission expires x'12 / c i9 • tary Pu lic . e REBEKAH ORTELL STATE OF COLORADO ) NOTARY PUBLIC STATE OF COLORADO )ss• NOTARY iU P20114005389 COUNTY OF PITKIN ) M7 Colon Expires February 22,2019 j The �foregoing instrument was acknowledged before me this d.Ka day of�y» ,2017,by George Newman,as Chair of the Pitkin County Board of County Commissioners. WITNESS my hand and official seal. My commission expires i•-Sk 1 A-O l ti• //;; �i a - 0..„4„" JANE A.ACHEY Nae Public NOTARY PUt3t;C STATE OF COLORADO NOTARY ID I ISR5a008;s MY COuuISSION Exr.RtS AU4WST n4 ?pj 3 • EXHIBIT A /1' ..PUGS. .i.2. US I. C40.10 ..M117 aC ....,+..e. • MO .tom:CM�{•L �17.7r 'l ..•••m.•..a............m WM.. N j '..r.=•;,..7. i 1 L7"J.1 S1J`�ftel.tt� 6Ta 'I.L 1 aa ...r...�±." / Os ` \'' / /iIf / �f� \_ \ rsn_rar • te:.i 5` Zotald'3hTarai 'C' 1':.'S• AppiYsrAii.-rrsr_a+e.e 1 / . :I&e•.�..«.ra.xv . 4,.....m i, \ $ \ \1,..,„ ' s---- �=1_1Y"-" 1 \ 1 \ Pr. Win... • :or ywa raz-- 1 Vr i7.V.. 12&*;iii. PM mom „. - 4 EXHIBIT B [Legal description] A RIGHT OF WAY EASEMENT BASED ON THE CENTERLINE OF RED MOUNTAIN ROAD AS LOCATED BY ASPEN SURVEY ENGINEERS,INC. ON 02/15/17. LYING ENTIRELY IN LOT I OF THE GEORGE FAMILY LLC SUBDIVISION ACCORDING TO THE FINAL PLAT THEREOF RECORDED DECEMBER 29,2006 IN PLAT BOOK 82 AT.PAGE 24 AS RECEPTION NUMBER 532739, COUNTY OF PITKIN, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: LOT 1: BEGINNING AT A POINT BEING BOTH TILE SW CORNER OF LOT 2 AND THE NW CORNER OF LOT 1: THENCE,N 50° 19' 56 E 23.12 FEET ALONG THE BOUNDARY COMMON TO LOTS 1 AND 2; THENCE,S 22°44'26 E 33.32 FEET; THENCE,S 18°59'28 E 45.66 FEET; THENCE,S 14°26'08 E 31.53 FEET; THENCE,S 13°50'13 E 45.61 FEET; THENCE,S 13°18'17 E 29.30 FEET TO A POINT ON THE EASTERLY PROPERTY LINE OF LOT 1 SAID SUBDIVISION: THENCE,ALONG THE EASTERLY BOUNDARY OF SAID LOT I THE FOLLOWING COURSES: N 25°48'30 W 41.53 FEET; THENCE,N 14°47'20 W 6.42 FEET; THENCE,N 23°20'58 W 129.50 FEET TO THE POINT OF BEGINNING. CONTAINING: 2,611.8 SQ.FT. +/- 5