HomeMy WebLinkAboutbocc.con.354.2017 - BOCC CONTRACT NO. 354 IRECEPTIIOINuIII8440133,R. $0.00,0. NI.NI1IIN
at, 4d \ DOC CODE ORDINANCE
6N 1 Pg 1 or 12. 12/2812017 at 09 49:44 AM
Janice K Vas Caudill,Pitkin County,CO
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY,COLORADO GRANTING AN ACCESS AND UTILITY EASEMENT TO
MELANIE GRIFFITH ACROSS THE 87 LODE OWNED BY PITKIN COUNTY
ORDINANCE NO.037-2017
RECITALS
I. Pursuant to C.R.S. § 30-35-301, the Board of County Commissioners (the
"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; and
2. Pursuant to Section 2 8.I 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;and
3. Section 2.8.1.1 of the Pitkin County Home Rule Charter provides that official action
by ordinance shall be required for the"granting of casements in public lands,acquisition,vacation,
sale, or purchase of any real property asset, lease in excess of one year of public lands, and
authorization of proceedings in eminent domain,"and
4. The proposed Easement Agreement (the "Agreement") is to grant an access and
utility casement and a water well casement to Melanie Griffith across, under, and on property
owned by Pitkin County known as the 87 Lode, upon the terms and conditions set forth in the
Agreement. A copy of the Agreement and its Exhibits are appended hereto as Exhibit 1,and
5. The BOCC desires to grant the easements and enter into the Agreement for that
purpose; and
6. 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,and
7. The BOCC finds 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, hereby adopts this Ordinance Granting An Access And Utility
Easement and Water Well Easement to Melanie Griffith Across The 87 Lode Owned By Pitkin
County. 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.
1
RECEPTION# 644083, 12129/2017 at 09 49 44 AM,Pgs 2 of 12,Janice K Vos Caudill,Pitkin County,CO
INTRODUCED AND FIRST READ ON THE In c' DAY OF.'/3/o.44lu✓ 201AND
Sfc FOR SECOND READING AND PUBLIC HEARING ON THE J'Om'DAY OF
/ IP,LK tither 204
NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMM„„A.�RY� OF THE
R$
OryANCE PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE /'^' DAY
OF//,ll,G/✓ 20L1
NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE ORDINANCE POSTED ON
THE OF AL PITKUN COUNTY WEBSITE (www ottkincountv.com ) ON THE 7
DAY Or LjUJsu4JV 20j7
D9PTED AFTER FINAL READING AND PUBLIC HEARING ON THE w.i DAY OF
Blank}. 20/7
PUBLISHED BY TITLE AND§HORT S RY, AFTER ADOPTION, IN THE ASPEN
TIMES WEEKLY ON THE DAY O ,r,hese 20/1
POSTED BY TITLE AND SHORT SUMMARY ON THEEQFFICIAL PITKIN COUNTY
ww
WEBSITE(w .pitkincountv.com)ON TILE 5/'/DAY OF'U,C te,che,20LY
ATTEST BOARD OF COUNTY COMMISSIONERS
BY>.) I /, Jie BY !& e gopet L )
Jean, e Jones George Newman,Chair
Dep y County Cler
Dale. l2- xi-Lots '
APPRO ' AS TO FORM. MANAGER APPROVAL
fAta
aja i mi By:/, '
Richard it ley III Jon7Fracocffc__,County Manager
10
Asst.Co Attorney
2
RECEPTION# 644083, 12/28/2017 at 09'4944 AM, Pgs 3 of 12,Janice K Vos Caudill, Pitkin County.CO
Ex l56;
EASEMENT AGREEMENT
T�y7IS�EASEMENT� � � AGREEMENT(the "Agreement") is made and entered on the�lJ '
day of 2017 by and between the BOARD OF COUNTY COMMISSIONERS OF
PITKIN COUNTY,COLORADO,a body corporate and politic whose address is 123 Emma Road,
Suite 106, Basalt, Colorado 81621 ("Grantor" or "Pitkin County-) and MELANIE GRIFFITH
whose address is 46 Lower Humcane Road, Aspen, Colorado 81611 ("Grantee"or"Griffith").
Grantor and Grantee are sometimes referred to collectively herein as the'Parties."
RECITALS
WHEREAS,Pitkin County is the owner of an undivided one-fourth(114)interest in certain
real property legally described as the Eighty-Seven(87)Lode Mining Claim,U.S.M.S.No.6116,
Highland Mining District, as described in United States Patent recorded in Book 239 Page 943,
Pitkin County,Colorado(the"87 Lode Property');and
WHEREAS,Castle Creek Investors,Inc,a Colorado corporation("CC1") is the owner of
an undivided three-fourths(3/4)interest in the 87 Lode Property;and
WHEREAS,Griffith is the owner of certain real property legally described on Exhibit A
attached hereto and made a part hereof(the"Griffith Property");and
WHEREAS,in an Easement Agreement recorded December 5,1979,in Book 380 at Page
228,at Reception No. 220063(the"1979 Easement"),CCI's predecessor in the 87 Lode Property
granted to Griffith's predecessor in the Griffith Property a right of access and a right to install and
maintain certain utility lines over an easement located on the 87 Lode Property for the benefit of
the Griffith Property,and
WHEREAS, an existing gravel roadway crosses a portion of the 87 Lode Property and
provides vehicular and pedestrian access to and from the Griffith Property and may be the location '
for certain existing underground utility lines providing utility service to the Griffith Property,all
of which were installed in connection with the 1994 construction of the existing residence on the
Griffith Property(collectively,the"Driveway Imorovements'5;and
WHEREAS,the Driveway Improvements are not located wholly within the area identified
for such uses in the 1979 Easement; and
WHEREAS,in a Water Well Easement and Right of Access Agreement recorded March
14,1983 in Book 441 at Page 916,and re-recorded,together with a"Declaration Regarding Water
Well Easement and Right of Access Easement and the Supplement Thereto",on August 18, 1989
in Book 599 at Page 936, (the"Well Easement"),CCI's predecessor in the 87 Lode Property also
granted to Griffith's predecessor in the Griffith Property a right of access and a right to install and
maintain a domestic water well (the "Her, pump, pipeline, and related equipment over an
easement located an the 87 Lode Property fqr the benefit of the Griffith Property;
Acwe'4743i212 I
RECEPTION*644083, 12/28/2017 at 09 49 44 AM, Pgs 4 of 12,Janice K Vos Caudill, Pitkin County,CO
WHEREAS,in connection with the Well Easement,the Well was previously installed on
the 87 Lode Property,and
WHEREAS,by this Agreement, Pitkin County and Griffith desire to provide for Pekin
County's grant of an access and utility easement in favor of the Griffith Property,which access
and utility easement will provide for access and utilities to the Griffith Property, and will also
provide for the right to maintain, use, repair,and replace the existing Well,pump, pipeline, and
related equipment located on the 87 Lode Property, over and under a portion of the 87 Lode
Property in the general location of the existing gravel roadway,but as more specifically described
herein.
AGREEMENT
NOW,THEREFORE,m consideration of the covenants,conditions and terms hereof,in
addition to other valuable consideration, the receipt and sufficiency of which arc hereby
acknowledged,the parties agree as follows.
I, Pitkin County's Grant of Access and Utilities Easement in Favor of Griffith
Property. Pitkin County,as the owner of the 87 Lode Property,hereby grants,bargains,sells and
conveys to Griffith,as the owner of the Griffith Property,a perpetual,non-exclusive easement and
right-of-way over,under,and across a portion of the 87 Lode Property which is a circular-shaped
area,with radius of ten feet,the center of which is the existing location of the Well,and the thirty
(30)foot wide portion of the 87 Lode Property depicted and described on Exhibit B attached hereto
and made apart hereof for purposes of:(I)pedestrian and vehicular access to and from the Griffith
Property from time to time;and(2)the installation,operation,maintenance,repair and replacement
of mad and driveway improvements from time to time in connection with such pedestrian and
vehicular access uses; (3) the installation, operation, maintenance, repair and replacement of
underground utilities and utility service to and from the Griffith Property from time to time; and
(4) the maintenance, use, repair, and replacement of the existing domestic water well, pump,
pipeline, and related equipment located on the 87 Lode Property(collectively,'tbe "Access and
Utilities Easement") The Access and Utilities Easement shall, for all purposes,be an easement
appurtenant to and for the benefit of the Griffith Property,and shall bind and be a burden upon the
87 lode Property,which appurtenance,benefit and burden shall run with the land.
a. Further Modifications of Driveway Improvements in Connection with Accent
and Utilities Easement To the extent that Pekin County shall require any modifications to the
Driveway Improvements in order to conform the Driveway Improvements to Pitkin County's
applicable road standards,Griffith shall be solely responsible for performing such modifications
and the costs thereof. Further, to the extent that Griffith shall desire to modify or improve the
Driveway Improvements,Griffith shall be solely responsible for performing such modifications or
improvements and the costs thereof, and shall perform such modifications and install such
improvements after first obtaining all necessary permits from Pitkin County and in compliance
with all applicable Pitkin County road/driveway standards and all other standards and requirements
of the Pitkin County Land Usc Code and zoning regulations_
b.Pitkin County's Reserved Rights. Pitkin County reserves all rights of ownership
2
RECEPTION# 6440E13,12/28/2017 at 09'49 44 AM, Pgs 5 of 12,Janice K Vas Caudill,PrtIon County,CO
in and to the 87 Lode Property which are not inconsistent with this Easement Agreement,
including,without limitation, the right to grant further easements on,ova or across the 87 Lode
Property. Pitkin County further reserves the right to use the 87 Lode Property for all uses not
materially and adversely interfering with the Access and Utilities Easement granted to Griffith
hereunder. Nothing herein contained shall create or be construed to have created any other right,
interest, privilege or license in or to any portion of the 87 Lode Property, other than as herein
expressly set forth.
c.Maintenance Gnffith will,at her sole cost and expense,perform any and all work
(including maintenance and repair work) that may be required to make the Access and Utility
Easement Area reasonably available for the uses set forth in Section I,above.
2 Notices. Any notice required or permitted under this Agreement shall be in writing
and shall be hand-delivered or sent by registered or certified regular mail,postage pre-paid to the
addresses of the parties as follows. Each party by notice sent under this paragraph may change the
address to which future notices should be sent. Electronic delivery of notices shall also be deemed
sufficient and considered delivered upon receipt of confirmation of delivery on the part of the
sender.
To Grantor Pitkin County: With copies to:
County Manager Pitkin County Attorney's Office
123 Emma Rd.,Suite 106 123 Emma Rd.,Suite 204
Basalt,Colorado 81621 Basalt,Colorado 81621
Email:jon.peacock(a.prtkincounty.com Email:attornevColvitkincountv.corq
To Griffith:
Melanie Griffith
do Lan Lizer
P.O.Box 46609
Los Angeles, California 90046
3 Indemnification and Release. Griffith assumes any nsk involved in the use of the
Access and Utilities Easement,and releases and discharges Pitkin County and its successors and
assigns from any liability for loss,damage or injury incurred by Griffith or third parties as a result
of or in connection with Griffith's and her guests' and invitees' use,entry or presence upon the
Access and Utilities Easement, or Griffith's and her guests' and invitees' activities thereon
pursuant to the Access and Utilities Easement. To the extent permitted by law, Griffith shall
indemnify, defend and hold harmless Pitkin County, and its successors and assigns from and
against any and all claims,actions,causes of action,liability,losses, damages,costs or expenses,
including reasonable attorney's fees, and including, without limitation, any and all mechanics'
and/or materialmen's liens and claims,which may be imposed upon or incurred by Pitkin County, ,
and which arise from or are related to Griffith's use of the Access and Utilities Easement,or the
operation,construction,maintenance,repair,modification,or any pan thereof.
3
RECEPTION#644083, 1212912017 at 094949 AM, Pgs 6 of 12,Janice K Vos Cautltll, Pitkin County,CO
4. Notice of Default, Right to Cure. In the event of a party's default under the
provisions of this Agreement,the non-defaulting party shall,prior to the exercise of any right or
remedy,give the defaulting party written notice of such default together with the right for a period
of ten(10)days after receipt of such notice to cure said default. If an alleged default by its nature
is not capable of being cured within the time provided, the defaulting party shall, provided that
such defaulting party is proceeding with all due diligence,have up to an additional twenty (20)
days to cure said default. If a default is not cured within the time provided or any extension thereof
(which right to cure period shall not under any circumstances exceed in the aggregate thirty(30)
days), the non-defaulting party shall then and thereafter be free to pursue any right or remedy
allowed by this Agreement or otherwise by law.
5. Binding Effect; Covenants Running with the Land. This Agreement shall be
binding upon and inure to the benefit of the parties hereto and their respective successors and
assigns forever and the benefits and burdens hereof shall constitute covenants running with the
title to the 87 Lode Property and the Griffith Property,respectively. Notwithstanding anything to
the contrary, this easement may be subject to existing easements of record or accruing under
common law.
6. Attorney Fees. 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.
7 No Waiver of Governmental Immunity. Grantee and Grantor, its directors,
officials,officers,agents,and employees are relying upon and do not waive or abrogate,or intend
to waive or abrogate by any provision of this Agreement the monetary limitations or any other
rights,immunities,or protections afforded by the Colorado Governmental Immunities Act,C.R.S.
§§24-10-101,et reg,as it may be amended from time to time.
•
•
8. No Assignment Without Written Consent Grantee shall not,without first obtaining
the prior wntten consent of Grantor,which consent shall not lx unreasonably withheld,sell,assign,
transfer,encumber,hypothecate,or sublease any or all of the rights, interests,or obligations under
this Agreement.
9. Entire Agreement. This Agreement constitutes the entire agreement and
understanding between the parties relating to the subject matter hereof. AU preceding
representations or agreements relating to the subject matter hereof, whether written or oral, are
hereby merged into this Agreement
IC. 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.
•
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
4
RECEPTION#644083, 1 212 812 01 7 at 09'49 44 AM, Pgs 7 of 12,Janice K Vas Caudill, Pitkin County,CO
to the fullest extent permitted by law
12. Waiver. Any waiver by either party hereto of any breach of any kind or character
whatsoever by the other party,whether such shall be direct or implied,shall not be construed as a
continuing waiver of or consent to any subsequent breach of this Agreement on the part of the
other party.
13 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
14. Counterparts. This Agreement may be executed in counter-parts and,as executed,
shall constitute one agreement,binding on all of the parties hereto notwithstanding that all said
parties are not signatory to the original or same counterpart.
15. Governing Law and Venue. This Agreement shall be governed 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.
16Recordation Upon execution by the parties,this Agreement shall be recorded in
the real estate records of Pitkin County,Colorado.
17 Correction Documents. In the event any clerical or other errors are found in this
Agreement or any legal descriptions or other exhibits hereto,or in the event any exhibit shall be
missing, the parties agree to promptly execute, acknowledge, initial and/or deliver as necessary
any documentation in order to correct the erroneous document,description, exhibit or to provide
any missing exhibit.
I R. Authority to Sign. 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.
[Signature Page(s)Follow]
•
5
RECEPTION# 644083, 12/28/2017 at 09 49 44 AM, Pgs 8 of 12,Janice K.Vos Caudill,Pitkin County,CO
IN WITNESS WHEREOF,the parties have executed this Agreement to be effective as of
the date set forth above.
PITKIN COUNTY:
BOARD OF COUNTY COMMISSIONERS
I /
PIITKKIN COUNTY,COLORADO
By. I OIU. . (hijadA(J
Print Name: 17p-r11 C-L A PPWC
Title: ✓W CMA•eM en - 6c4142.+ CO 04.117 ,6w{ c Gkai sfimw
Date IL- Lr_ zo14
APPROV Ai• 0 FORM:
rl
ir
BY dell+ i ft�i
Rsc•7.r.. .eiley 111,Assistant County Attorney
STATE OF t ..L )
COUNTY O' IN a, ` )ss.
ip 3,scI d,sworn to 9f ackn edged before me thi day of 2017,'
b (_ .IIs .. 1 (1 r. V,((. of Pi County, lorado.
f
Witness my .and and official seal.
My commission expires: it
LISA MACDONA D - 1LT Z._r"l
Notary Po.Le N. •lic
_____.$ 11:°141::6:41 : D:1 :4162
tat.01 Col.n.o
N.grylne I./a.a11@aa
LM Comml4lenE dne11•tB-2 O
6
RECEPTION#644083, 12/28/2017 at 09'4944 AM, Pgs 9 of 12,Janice K Vos Caudill, Pitkin County,CO
G F H: IP ft" 1
-ern , y
ame "tth
STATE OF Cola Md• )
COTY OF Pti h,w )ss
UN
Subscribed,sworn to and acknowledged before me this 11
so.day of Dec,mter 2017,
by Melanie Griffith.
Witness my hand and official seal.
My commission expires: lig /Zo19 , 4
04-14
ANANotary Nosy'publicL
NOTARY PUSLIC
STATE OF COLORADO
NOTARY 10 19874000858
,o
7
Amive/471312121
RECEPTION#644093, 12/28/2017 at 0949 44 AM, Pgs 10 of 12,Janice K.Vos Caudill, Pitkin County,CO
Exhibit A to Easement Agreement
(Legal Description of the Griffith Property)
A tract of land in the Legal Tender Claim MS No.6116,more particularly described as
follows:
Beginning at a point on the East line of the"Legal Tender"Claim MS No. 6116,being
577.45 feet N.00 degrees 04 minutes W. from the rock corner 33/MS 6116;
thence N.00 degrees 04 minutes W.295.16 ft.along the East line of the Legal Tender claim;\
thence S.89 degrees 56 minutes W.295.16 ft.;
thence S.00 degrees 04 minutes E.295.16 ft.;
thence N.89 degrees 56 minutes E 295.15 ft.to the point of beginning,Pitkin County,Colorado.
S
RECEPTION/6 644083, 12/28/2017 at 09 49 44 AM,Pgs 11 of 12,Janice K Vos Caudill,Pitkin County,CO
EXHIBIT B
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RECEPTION#-644083,12/28/2017 at 09:49 44 AM, Pgs 12 of 12,Janice K Vos Caudill,Prtkin County,CO
IXEYFMAY FASYFNT
A SIAP Cf IMA Snumta N M O LOOS Oi MOD&DAV EY NL 6114 -FEC A PMT CF SECTION 12,
10MI9i It SWM RACE 55 NEST OF ME MX11 PENOMN IERAM, COUNTY OF KINK STATE OF
W.L9AOO SAD PARCEL OF LYM1 15.0 FEET CM EACH SAE OF 11E FOLLOVVM DESCRDm CENTERLINE
0.IOIOIC AT COINER NO 33 OF SM NS IA 1114 DEICE NOPN'OTYI A DESIANE OF t310.52 W A
Pan OM TME EAl1EEY ma OF IOTIE ANE ROAD. RE Pa1 a varve MICE LEMMA SAD
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4.) NEI RET NOM M MC OF A CUM 10 TIE AMT MAWC A RADIUS OF 73 CO RET NO A CEREAL
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S4 rOEY A OISTMCE Of Mu WEERY. SN'EMY A DSTAIEE OF 64.36 FEET TO A MUT ON TIE IFSIUEY BOUNDARY OF SMO O LIME OF
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WESTERLY DNRDARY of O LIME M TO RE EAS1Th Y EDGE OF MILE NNE ROAD; SC PMIS.OF Wm
CONTAM 17.231 SOME RET. (0325 ACRES) MORE M LESS
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CONTRACTNO. 354 RECEPTIONS 641084.R' S0.00,D' 5000
DOC CODE: EASEMENT
Pg 1 of 10, 12/215/2017 at 09:49:45 AM
Janice K Vos Caudill,Pitkin County,CO
EASEMENT AGREEMENT
S EASEMENT AGREEMENT(the "Agreement") is made and entered on the QOM'
day of T e 2017 by and between the BOARD OF COUNTY COMMISSIONERS OF
PITKIN COUNTY,COLORADO,a body corporate and politic whose address is 123 Emma Road,
Suite 106, Basalt, Colorado 81621 ("Grantor" or "Polon County') and MELANIE GRIFFITH
whose address is 46 Lower Hurricane Road, Aspen, Colorado 81611 ("Grantee"or"Griffith'').
Grantor and Grantee are sometimes referred to collectively herein as the'Parties"
RECITALS
WHEREAS,Pitkin County is the owner of an undivided one-fourth(1/4)interest in certain
real property legally described as the Eighty-Seven(87)Lode Mining Claim, U.S.M,S No.6116,
Highland Mining District, as described in United States Patent recorded in Book 239 Page 943,
Pitkin County,Colorado(the"R7 Lode Property"); and
WHEREAS,Castle Creek Investors, Inc.,a Colorado corporation("CCI")is the owner of
an undivided three-fourths(3/4)interest in the 87 Lode Property;and
WHEREAS,Griffith is the owner of certain real property legally described on Exhibit A
attached hereto and made a part hereof(the"Go ffiih Property");and
WHEREAS,in an Easement Agreement recorded December 5, 1979,in Book 380 at Page
228,at Reception No.220063(the"1979 Easement"),CCI's predecessor in the 87 Lode Property
granted to Griffith's predecessor in the Griffith Property a right of access and a right to install and
maintain certain utility lines over an easement located on the 87 Lode Property for the benefit of
the Griffith Property;and
WHEREAS, an existing gravel roadway crosses a portion of the 87 Lode Property and
• provides vehicular and pedestrian access toand from the Griffith Property and may be the location '
for certain existing underground utility lines providing utility service to the Griffith Property,all
of which were installed in connection with the 1994 construction of the existing residence on the
Griffith Property(collectively,the"Driveway Improvements");and
WHEREAS,the Driveway Improvements are not located wholly within the area identified
for such uses in the 1979 Easement;and
WHEREAS,in a Water Well Easement and Right of Access Agreement recorded March
14, 1983 in Book 441 at Page 916,and re-recorded,together with a"Declaration Regarding Water
Well Easement and Right of Access Easement and the Supplement Thereto", on August 18, 1989
in Book 599 at Page 936, (the"Well Easement'),CCI's predecessor in the 87 Lode Property also
granted 10 Griffith's predecessor in the Griffith Property a right of access and a nght to install and
maintain a domestic water well (the "Well"), pump, pipeline, and related equipment over an
easement located on the 87 Lode Property for the benefit of the Griffith Property;
Mrvt4'N31211.i
RECEPTION# 644084, 12121312017 at 09'49'45 AM, Pgs 2 of 10,Janice K Vos CaudiII, Pitkin County,CO
WHEREAS,in connection with the Well Easement,the Well was previously installed on
the 87 Lode Property; and
WHEREAS,by this Agreement,Pitkin County and Griffith desire to provide for Pitkin
County's grant of an access and utility easement in favor of the Griffith Property,which access
and utility easement will provide for access and utilities to the Griffith Property, and will also
provide for the right to maintain,use, repair, and replace the existing Well,pump,pipeline, and
related equipment located on the 87 Lode Property, over and under a portion of the 87 Lode
Property in the general location of the existing gravel roadway,but as more specifically described
herein.
AGREEMENT
NOW,THEREFORE,in consideration of the covenants, conditions and terms hereof,in
addition to other valuable consideration, the receipt and sufficiency of which arc hereby
acknowledged,the parties agree as follows.
1. Pitkin County's Grant of Access and Utilities Easement in Favor of Griffith
Property Pitkin County,as the owner of the 87 Lode Property,hereby grants,bargains,sells and
conveys to Griffith,as the owner of the Griffith Property,a perpetual,non-exclusive easement and
right-of-way over,under,and across a portion of the 87 Lode Property which is a circular-shaped
area,with radius of ten feet,the center of which is the existing location of the Well,and the thirty
(30)foot wide portion of the 87 Lodc Property depicted and described on Exhibit B attached hereto
and made a part hereof for purposes of.(I)pedestrian and vehicular access to and from the Griffith
Property from time to time;and(2)the installation,operation,maintenance,repair and replacement
of road and driveway improvements from time to timc in connection with such pedestrian and
vehicular access uses; (3) the installation, operation, maintenance, repair and replacement of
underground utilities and utility service to and from the Griffith Property from time to time; and
(4) the maintenance, use, repair, and replacement of the existing domestic water well, pump,
pipeline, and related equipment located on the 87 Lode Property (collectively,'the "Access and
Utilities Easement"). The Access and Utilities Easement shall, for all purposes,be an easement
appurtenant to and for the benefit of the Griffith Property,and shall bind and be a burden upon the
87 Lode Property,which appurtenance,benefit and burden shall run with the land.
a. Further Modifications of Driveway Improvements in Connection with Access
and Utilities Easement. To the extent that Pitkin County shall require any modifications to the
Driveway Improvements in order to conform the Driveway Improvements to Pitkin County's
applicable road standards, Griffith shall be solely responsible for performing such modifications
and the costs thereof. Further, to the extent that Griffith shall desire to modify or improve the
Driveway Improvements,Griffith shall be solely responsible for performing such modifications or
improvements and the costs thereof, and shall perform such modifications and install such
improvements after fust obtaining all necessary permits from Pitkin County and in compliance
with all applicable Pitkin County road/driveway standards and all other standards and requirements
of the Pitkin County Land Use Code and zoning regulations.
b Pitkin County's Reserved Rights Pitkin County reserves all rights of ownership
2
RECEPTION#644084, 1 2/2 812 01 7 at 09'49 45 AM,Pgs 3 of 10,Janice K Vas Couch'', Pitkin County,CO
in and to the 87 Lode Property which are not inconsistent with this Easement Agreement,
including,without limitation, the right to grant further easements on, over or across the 87 Lode
Property. Pitkin County further reserves the right to use the 87 Lode Property for all uses not
materially and adversely interfering with the Access and Utilities Easement granted to Griffith
hereunder. Nothing herein contained shall create or be construed to have created any other nght,
interest, privilege or license in or to any portion of the 87 Lode Property, other than as herein
expressly set forth.
c.Maintenance.Crrifli h will,at her sole cost and expense,perform any and all work
(mcludmg maintenance and repair work) that may be required to make the Access and Utility
Easement Arca reasonably available for the uses set forth in Section 1,above.
2. Notices. Any notice required or permitted under this Agreement shall be in writing
and shall be hand-delivered or sent by registered or certified regular mail,postage pre-paid to the
addresses of the parties as follows. Each party by notice sent under this paragraph may change the
address to which future notices should be sent. Electronic delivery of notices shall also be deemed
sufficient and considered delivered upon receipt of confirmation of delivery on the part of the
sender.
To Grantor Pitkin County- With copies to:
County Manager Putin County Attorney's Office
123 Emma Rd.,Suite 106 123 Emma Rd.,Suite 204
Basalt,Colorado 81621 Basalt,Colorado 81621
Email.jon.neacock(aloitkincountv.com Email: attomcv(n)pitkincountv.com
To Griffith:
Melanie Griffith •
do Laura Lizer
P.O.Box 46609
Los Angeles,California 90046
3. Indemnification and Release. Griffith assumes any risk involved in the use of the
Access and Utilities Easement,and releases and discharges Pitkin County and its successors and
assigns from any liability for loss,damage or injury incurred by Griffith or third parties as a result
of or in connection with Griffith's and her guests' and invitees' use, entry or presence upon the
Access and Utilities Easement, or Griffith's and her guests' and invitees' activities thereon
pursuant to the Access and Utilities Easement. To the extent permitted by law, Griffith shall
indemnify, dcfend and hold harmless Pitkin County, and its successors and assigns from and
against any and all claims,actions,causes of action,liability, losses, damages,costs or expenses,
including reasonable attorney's fees, and including, without limitation, any and all mechanics'
and/or materialmen's liens and claims,which may be imposed upon or incurred by Pitkin County,
and which arise from or are related to Griffith's use of the Access and Utilities Easement, or the
operation,construction,maintenance,repair,modification,or any part thereof.
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RECEPTION#:644084,1212812017 at 09:49-45 AM,Pgs 4 of 10,Janice K Mos Cauntll, Pitkin County.CO
4. Notice of Default Right to Cure. In the event of a parts default under the
provisions of this Agreement,the non-defaulting party shall,prior to the exercise of any right or
remedy,give the defaulting party written notice of such default together with the right for a period
of ten(10)days after receipt of such notice to cure said default. If an alleged default by its nature
is not capable of being cured within the time provided, the defaulting party shall,provided that
such defaulting party is proceeding with all due diligence, have up to an additional twenty(20)
days to cure said default If a default is not cured within the time provided or any extension thereof
(which right to cure period shall not under any circumstances exceed in the aggregate thirty(30)
days), the non•defaulting party shall then and thereafter be free to pursue any right or remedy
allowed by this Agrccment or otherwise by law.
5. Binding Effect; Covenants Running with the Land. This Agreement shall be
binding upon and inure to the benefit of the parties hereto and their respective successors and
assigns forever and the benefits and burdens hereof shall constitute covenants running with the
title to the 87 Lode Property and the Griffith Property,respectively. Notwithstanding anything to
the contrary, this easement may be subject to existing easements of record or accruing under
common law,
6. Attorney Fccs. 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 pastes hereto,
the substantially prevailing party shall be entitled to recover costs incurred in pursuing such
remedies,including expert witness fees and reasonable attorney fees.
7. No Waiver of Governmental Immunity. Grantee and Grantor, its directors,
officials,officers,agents,and employees are relying upon and do not waive or abrogate,or intend
to waive or abrogate by any provision of this Agreement the monetary limitations or any other
rights,immunities,or protections afforded by the Colorado Governmental Immunities Act,C.R.S.
§§24-10-101,et seq.,as it maybe amended from time to time,
8. No Assignment Without Written Consent. Grantee shall not,without fust obtaining
the priorwntten consent of Grantor,which consent shall not be unreasonably withheld,sell,assign,
transfer,encumber,hypothecate,or sublease any or all of the rights,interests,or obligations under
this Agreement.
9 Entire Agreement. This Agreement constitutes the entire agreement and
understanding between the parties relating to the subject matter hereof All preceding
representations or agreements relating to the subject matter hereof, whether written or oral, are
hereby merged into this Agreement.
10 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
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
4
RECEPTION#644084, 12/28/2017 at 09'49'45 AM,Pgs 5 of 10,Janice K Vos Caudill, Pitkin County,CO
to the fullest extent permitted by law.
12 Waiver. Any waiver by either party hereto of any breach of any kind or character
whatsoever by the other party,whether such shall be direct or implied,shall not be construed as a
continuing waiver of or consent to any subsequent breach of this Agreement on the pan of the
other party.
13. 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.
14 Counterparts This Agreement may be executed in counter-parts and,as executed,
shall constitute one agreement, binding on all of the parties hereto notwithstanding that all said
parties are not signatory to the engine]or same counterpart.
15. Governing Law and Venue. This Agreement shall be governed 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
16. Recordation Upon execution by the parties, this Agreement shall be recorded in
the real estate records of Pitkin County, Colorado.
17. Correction Documents. In the event any clerical or other errors are found in this
Agreement or any legal descriptions or other exhibits hereto,or in the event any exhibit shall be
missing, the parties agree to promptly execute, acknowledge, initial and/or deliver as necessary
any documentation in order to correct the erroneous document, descnption,exhibit or to provide
any missing exhibit.
18 Authority to Snot. 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.
[Signature Page(s)Follow]
•
5
RECEPTION# 644084, 12128(2017 at 09 49 45 AM,Pgs 6 of 10,Janice K Vos CaudIII, Pitkin County,CO
IN WITNESS WHEREOF,the parties have executed this Agreement to be effective as of
the date set forth above.
PITKIN COUNTY:
BOARD OF COUNTY COMMISSIONERS
PIT/KIIN COUNTY,� COLORADO
W
By. f�i f/.[R.joRtn
Print Name: RS-rt.! Cr-A P soPc-7e
Tide' VIte Crtq,RH ILA - PJf't r LCa.Jy ,M. 7 Lara:sri.w.-r
Date IL- Li_ zo,1
APPROV' I ' O FORM:
%r
By: ��IrI iProf
!
Ric ff.)v.Neiley III,Assistant County Attorney
STATE OF t v; )
COUNTY O• AI ` ;ss
' ;4, c I sworn to'Qdrackndw�lledged before me thi day off 2017,'
G JH a - b .1 c 11 1} p ofPittt���inn Coumy, olorado.
V Cw
Witness my and and official1seal
My commission expires•_I _400 `.— '',
LISA MACDONALA .. C��11_i1�
No,.ry Public No •lic
Su to of Colorado
NoterylDa 1,9240la2a9
M Com�ualon Ex•ru 11-18-2090
6
RECEPTIONS 644084,12/28/2017 at 09 49:45 AM, Pgs 7 of 10,Janice K Vos Caudill, Pitkin County,CO
1 � ,
Paid I
anieG "ah .
STATE OF C o 16144. )
)ss.
COUNTY OF Erg IC. )
r
Subscribed,sworn to and acknowledged before me this Z!S day of ikum6rr 2017,
by Melanie Griffith.
Witness my hand and official seal.
My commission expires: 7 11 /to 19 9 c/
SUSAN L KNASLE Notary Public
NOTARY PUBUC
STATE OF COLORADO
NOTARY q 1997400065e
7
Actin/4701212I
RECEPTION# 644084, 12128/2017 at 09 49'45 AM,Pgs a of 10,Janice K Vos Caudill,Pitkin County,CO
Exhibit A to Easement Agreement
(Legal Description of the Grath Property)
A tract of land in the Legal Tender Claim MS No.6116,more particularly described as
follows:
Beginning at a point on the East line of the"Legal Tender"Claim MS No.6116,being
577.45 feet N 00 degrees 04 minutes W. from the rock corner 33/MS 6116;
thence N.00 degrees 04 minutes W 295.16 ft.along the East line of the Legal Tender claim;\
thence S.89 degrees 56 minutes W.295.16 ft.;
thence S.00 degrees 04 minutes E. 295.16 ft;
thence N.89 degrees 56 minutes E.295.15 ft to the point of beginning,Pitkin County,Colorado.
•
8
RECEPTION# 644084, 1212E1/2017 at 09'49.45 AM, Pgs 9 of 10,Janice K Vos Caudill,Peskin County,CO
EXHIBIT B
\ I 17:2 ,',16
6arroY l6
R•9JW
1 L.sap(
1177LE ANNIE-1-- �\ b-559'Sl'ISY
ROAD
'-1914
1 \\
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il ....S. ‘N \\. S
Potiw Or IncIMb1.W \ \ •\
OW MN tOP\T[1M,1 • ` \\
Mi MO 6:16 \ J6.,
MARS ‘110.19'MY.1:!V.529 I 1010IM •
\\ .\
PHIWYJAY LUIH[MT \\\Tl, \
',)"(ODE \\\\\\\
—. — — MS N0:6126y \\
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1 illt
6146 it 1)1 I
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1.9r as 1 / i I
t0 511426(02 / /
C•YI fJ / /
// / y
// //
i;`�/
LEGAL TENDERI /7, /
145 NO.6116 ~} /
.ue 1Y12•311/100n• /p% /
u6LLOWER
s,..Wryms
I // , HURRICANE
/ ROAD
11=00]10I// < /
•
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ir J h • I / �"
• 69.unix- / /
• 5/1�P� 6446 1 / .yam
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h / ' / `RI M]Of 119H1404
LEGAL TENDER / ` i (al TO aevnlx WI 33
MS NO 6116 / 7� ha no 6116
$, AR 0
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•HiGH COUNTRY ENGINEERING. �rtwcurrtu..n ca.z.v ..m .,'1111
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RECEPTION# 644084,12/28/2017 at 09'49 45 AM, Pgs 10 of 10,Janice K Vos Caudill, Pitkin County, CO
Ogg6WAY FASOIENT
A EIRP OF LAE ELME N THE SI LODE OF WERE RJC'.EY NO NIL BBN A PMT CF SFC1OI 12
TOES! It SEM MME IS MSO OF 174E SIN PRINCIPAL ROWAN,COMITY Cf PORN. NATE CF
COMM* SAID PEEL Cf DIM 110 FEET W EACH SE OF 11E PILLOUNC DESCRIED CFNERIE
OCELECOIC AT CORNER 113.33 OF SAD NB 110. NIL NNE NOON'KY A DEEM OF 1311.5170 A
PDM ON TE EASTERLY EDGE OF UTILE NINE ROM, RF PINT Of RFOMIND MDICf 1/AMNO SAD
EMELT EDFE OF UTILE Roc ROM MoD SAID CFN1WIE TE 1u011*0 SEEN (7) COMES
IJ SEEM A £STMCE a'2RAJ FEED:
1)1E18 PLT ALEC THE MC OF A OBE TO TE ROOT MEND A RMRS OF 5100 FEET AND A CEREAL
ECU OF 3704 W. CHORD ERS SSR9YICE A DISTANCE Cf 54.74 FEET:
a)84111f5YE A DISTANCE CF I30.M FEET:
A)9929 PET ALONG TIE MC OF A CURIE TO TIC ROT HAMNO A RAMS Cr 70.00 FEET ANO A CDORAL
MOLE CF MEM', OCIM BEMS EOOREOOE A OSTMCE CF 9115 FEET:
5 5401107N A D EMME OF 149.19 PET,
B. $41tU311 A COTRAY OF 5280 FET;
T. SEMEN,A OGEE EF 64.311 PET 10 A PONT CR T E KEW EIICARY Cf SAD ID LOOS IT
10 5110. 1W Pala OF TART'% (Iliac ERNE NO. 13 OF SRO MS 8114 EARS BCOD4'004 A
IISIMCE Cf ELM MEM TE SOMME OF MICH ME TO It IENOINENEO OR SCRIBED 10 DE
1131731LY BOUDARY CF iN LODE CR ID 1IE EASTERLY Elle of uTRE ANE ROM: SAD PMOL 6 Lim
CUR.WS 17,212 SWARF FEET, (0290 ACRES) MO L OR IES
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