HomeMy WebLinkAboutbocc.ord.037.2017 CONTRACT NO. 354 IaN'NN1I1IBUN,NI11NI11pgWIYNNIININI
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a _.\%Qa l DOC CODE ORDINANCE
1. rY'` { Pp 1 or 12. 17/3012017 at 09:49:44 AM
Janice N.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.Q37-2017
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 stems
necessary; and
2. Pursuant to Section 2 8.1 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 (or certain matters as set forth in the Home Rule Charter as well as
the Colorado Revised Statues as emended;and
3. Section 2.8.1.1 of the Pitkin County Home Rule Charter provides that official action
by ordinance shall be'squired(or the"granting of easements 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 proceed igs to eminent domain;"end
4. The proposed Easement Agreement (the "Agreement') is to grant an access and
utility easement and a water well easement to Melanie Griffith across, under, and on property
owned by Pekin 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 I;and
5. The BOCC desires to grant the easements and enter into the Agrcernent foe 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 es 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 Ow 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
higher authorized to execute such documents as necessary to consummate this transaction subject
to the recommendation for approval as to form by the County Attorney. ,
RECEPTION# 644083, 12/28/2017 at 09 49.44 AM. Pgs 2 of 12,Janice K Vos Caudill,Pitkin County.CO
INTRODUCED AND FIRST READ ON THE 4 tic" DAY OFZ 1 t..w he✓ 20/JAND
S FOR SECOND READING AND PUBLIC HEARING ON THE javIdDAY OF
I JPA.emhtY 2011
NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE
ORJ?RfANCE PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE DAY
OP//Atej4 I er 20l
NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE ORDINANCE POSTED ON
THE OFKIAL PITIUN COUNTY WEBSITE (www oitkincounty.conl ) ON THE 7
DAY or 1JA2J4.41✓ 204
QPTED AFTER FINAL READING AND PUBLIC HEARING ON THE * '
� DAY OF
' LI-Lea kity 20/%
PUBLISHED BY TITLE AND SHORT S RY, AFTER ADOPTION, IN THE ASPEN
TIMES WEEKLY ON THE Wm' DAY OP Mian hey 20/1
POSTED BY TITLE AND SHORT SUMMARY ON THE F� FICIAL PI7'IUN COUNTY
WEBSITE(www.pitklncounty.com)ON TIM 3F'1DAY OF ILC C.c ,20Li
ATTEST. BOARD OF COUNTY COMMISSIONERS
By>.J I 1 G .-)L By: Lgirrl, 0Lypa Lyn
Jean. e Jones George Newman,Chhv
Dep y County Cler.
Date. 12-It-tc13 '
mhAPPRO ' AS TO FORM. MANAGER APPROVAL
By: 1t1 u.( Br:
Richard A1�' i"ey III Jon eacoc c,County Manager
Asst.Co Attorney
2
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� ki6l• l r
EASEMENT AGREEMENT
TIS�EASEMENT� I � AGREEMENT(the "Agreement") is made and entered on the °d0
14-1
day of�ldGU�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 ("Granter or "Pitkin 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,PI kin 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 Pagc 943,
Pitkin County,Colorado(the"87 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"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 Lade 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 Imes 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 Imorovetnents");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'),COI'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 "Well"), pump, pipeline, and related equipment over an
easement located on the 87 Lode Property fqr the benefit of the Griffith Property;
A.wwtniru I
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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 far the nght 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,hut 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 pen 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 a part hereof for purposes of:(1)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 time in connection with such pedestrian and
vehicular access uses; (3) the installation, operation, maintenance, repair and replacement of
underground utilities end 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 Modificationa 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
RECEPTIONA 644D83,12/28/2017 at 09'4944 AM,Pgs 5 of 12,Janice K Vos Caudill, 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 nght 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, pnvilcge or license in or to any portion of the 87 Lode Property, other than as herein
expressly set forth.
c.Maintenance.Griffith 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 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 Pitkin County Attorney's Office
123 Emma Rd,Suite 106 123 Emma Rd.,Suite 204
Basalt,Colorado 81621 Basalt,Colorado 81621
Email:jon peacock(aloitkincounty.com Email:attornevClu aitkincountv.com
To Griffith:
Melanie Griffith '
•
do Laura Lizer
P.O.&x 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, 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 part thereof.
3
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4. Notice of Default, Right to Curt 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 cored 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 seq.,as it may be amended from time to tune.
•
8. No Assignment Without Written Consent. Grantee shall not,without first obtaining
the prior wntten 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 panics hereto or the parties' successors andior assigns
• I I. 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
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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.
16 Recordation. Upon execution by the parties,this Agreement shall he recorded in
the real estate records of Pitkin County,Colorado.
17 Correction Documents In the event any clerical or other mors 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 an&or deliver as necessary
any documentation in order to correct the erroneous document,description, exhibit or to provide
any missing exhibit.
IL 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
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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
PITKIN COUNTY,/� COLORADO
7
By. 1 C..i', rtdA
Print Name: Parti CLA PPe,L
Title: ✓ee CM A•mM an - Psklrtn £0...hi ,6w(? Caststi•r•w
Date IL- tr- to/3
APPROVM • OFORM'
By: ' ftIr
d i I 0fIfi
Rac•7 sir. eiley RI,Assistant County Attorney
STATE OF L )
COUNTYO' as ` )ss.
ip :i;t�-• sworn to ticket edged before me lbi day of 2017,'
b el! lit -1,G1 r. IN` of Pi County, 'credo
V
Witness my •and and officialseal ����J"���'�j�J
My commission expires:_\l 1 'Zt ,I—
1T77 it
LISA A1AC•ONA is 4. ri X 311`
- Not•ry halm N. .. . .lie
bBi1 of Colonao
M L„IpryID11a9a1atata9
..:mbri`nE ,• n�i i•1& .
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6
RECEP'!ON#644083,12!281201?at 09.49 44 AM,Pgs 9 oft?,Janice K Vos Cautltll,Pak County.CO
G: F H:
mai
Genie 'itb '
STATE OF Cafe$ *• )
ss.
COUNTY OF Qr{k, )
Subscribed,sworn to and acknowledged before me this Zi 0 day of Arum we 2017,
by Melanie Griffith.
Witness my hand and official seal.
My commission expires: lit /200 . 94
44-1-4
4fv+A
st>sAN 4"3: Notary Public
NOTARY PUBLIC
STATE OF COLORADO
NOTARY 0 1913T400066$1s
7
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RECEPTION# 644083, 1212812017 at 09 4944 AM, Pgs 10 of 12,Janice K Vos Caudill, Pitkin County,CO
Exhibit A to Easement Agreement
(Legal Description of the Griffith Properly)
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
RECEPTIONS!'644083,1212812017 at 09 4944 AM, Pgs 11 of 12,Janice K Vos Caudill,Pitkin County,CO
EXHIBIT B
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RECEPTIONS'644083,1 212 812 01 7 at 09'49 44 AM, Pgs 12 of 12,Janice K Vos Caudill, Pitkin County,CO
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CONTRACT NO. 354 acro ER: EA8 M84,NR: 5000,D.S000
Pg 1 or 10,12/28/2017 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.90-4-.
day of T y 2017 by and between the BOARD OF COUNTY COMMISSIONERS OF
PITICIN COUNTY,COLORADO,a body corporate and pot Me whose address is 123 Emma Road,
Suite 106, Basalt, Colorado 81621 ("Grantor' or "Falun 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(R7)Lode Mining Claim,U.S.M.S No 6116,
Highland Mining Distnct, 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 to 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"),CC1'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 Gnffith Property;and
WHEREAS, an existing gravel roadway crosses a portion of the 87 Lode Property and
• provides vehicular and pedestrian access totlnd 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 to 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 fqr the benefit of the Griffith Property;
amve/4ratn2 i
RECEPTIONS-644084, 12128)2017 at 09 49 45 AM, Pgs 2 of 10,Janice N 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 Pitkin
County's grant of an access and utility casement to 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 are hereby
acknowledged,the panics 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 a pan hereof for purposes of.(1)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 dnveway 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,'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 casts 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
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RECEPTION# 644084, 1212802017 at 0949.45 AM, Pgs 3 of 10,Janice K Vos Caudill, Pitkin County,CO
in and to the 87 Lock Property which are not inconsistent with this Easement Agreement,
including,without lunitation,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
matenally 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 Griffith will,Miter 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 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 prepaid 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.]on.Deacock®Ditkincounly.com Email: attomcv®pitkincounty.com
To Griffith:
Melanie Griffith
c/o Laura Lizer
P.O.Box 46609
Los Angeles,California 90046
3. bldemnification 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, 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 part thereof.
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RECEPTION#644084,12/2812017 at 09 49 45 AM, Pgs 4 of 10,Janice K Vos Caudill, 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,a seq.,as it may be amended from time to time.
•
8. No Assignment Without Written Consent. Grantee shall not,without fust obtaining
the prior written 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
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RECEPTION#644004, 12128/2017 at 0949 45 AM,Pgs 5 of 10,Janice K Vos Caudill, Prtkm 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 patty,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 Countemarts This Agreement may he 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
16. Recordation Upon execution by the parties,this Agreement shalt be recorded in
the real estate records of Pakin County, Colorado.
17 Correction Documents. In the event any clerical or other errors are found in this
Agreement or any legal descriphons or other exhibits hereto,or in the event any exhibit shall be
missing, the parties agree to promptly execute, acknowledge, initial andror deliver as necessary
any documentation in order to coned the erroneous document, description,exhibit or to provide
any missing exhibit.
18 Authority to Sten. 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 Caudill, Pitkin County,CO
IN WITNESS WHEREOF,the parties have executed this Agreement to be effecnve as of
the date set forth above
PITKIN COUNTY:
BOARD OF COUNTY COMMISSIONERS
PITKINKInCOUNTY,/�� COLORADO
By: "�'( r . L,L.t12RN
Pum Name. 10.-rri G&-A PPcC
Tide' Vtt& Crta,a/.tn - P lcc. 6eu.J,14c .A 9 CPA,+srrou-,
Date IL- Lr_ zorq
APPROV' a '0 FORM:
'Slier
BY: IIlrf 1 rif
Ric 7•iv.Neiley III,Assistant County Attorney
STATE OF(' ' v: ' )
l►. )ss
COUNTYOHl, ` )
• `hc . sworn to ackndied ed before methi( da off 2017,'
b G tit • 1 ci t: °CMitk n County.Colorado.
I.
Witness my and and official seal
My commission expires• 11.�.T1%; rte. pit \h, Ii
LISA MACDONALO
Notary Pubnc No •11C
Suit of Colon#0
NPtrtYID11Blb01a}aB J
M Co`mullon Eo ma tl-ta.BO=B
6
RECEPTIONY 644084,12179/201?at C949:45 AM,Pgs 7 or 10,Janice K.Vos Caudill,Pitkin County,CO
G: t : U:
Ake►:� .�
ante O "1th
STATE OF 0010,44. )
)ss.
COUNTY OF Prl IC.+ )
S+
Subscribed,sworn to and acknowledged before me this Z'day of p cen.Mr 2017,
by Melanie Griffith.
Witness my hand and official seal.
My commission expires: 7 I1 /2019
jes..
c
Notary Public
SUSAN l KNAUTE
NOTARY PUBLIC
STATE OF COLOPADO
NOTARY s isemaxesX65
e
7
AWN171311l2I
RECEPTIONIt 644084, 12/28/2017 at 09'49'45 AM, Pgs 8 of 10,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,mare particularly described as
follows:
Beginning al 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
RECEPTIONW 644084, 12/28/2017 at 09 49 45 AM, Pgs 9 of 10,Janice K.Vos Caudill, Pekin County,CO
EXHIBIT B
, 11, n;31Y5Y
A.b'M 16
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LITTLE ANNIE--r ����/ ce-S59'51'191
ROAD i .. 591,
7OA0wr '��\ ' \6
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MI NO 6:16 \ j\
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LEGAL MAWR /,3/ /
MS NO.6116 I tiYb5//
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LEGAL TENDER 'i f. ( r9 LOUIS AtlSi
MS uO.611m 16 / XX tar WAOf.lt6
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RECEPTION#644084, 12/2812017 at 09.4945 AM,Pgs 10 of 10,Janice K Vos Caudill,Pitkin County,CO
SWAY FASFMLNI
A SIRE Cf LAID S TUA1D N 114E IT LOM Of ISERAL SURVEY NO.Ilte.BSC A PMT OF SECTION IL
=NW 11 90111,ONCE 10 SMT Cf ME SWIM PICKY&*ENbAN,CMTIY Of Pia TATE Of
CCIDRAIC YD PARCEL Of MP ISO FEET CC EACH SM Of TIE FWDMNO o6CRBm CDIICSIE
TC0111110 NC 33 Of SAE IC NO.MIL MSFE LY EDGE Of UTIlE NNE ROAD, 145 YoN
T ENCE a NMn DOMDISTE OF 130.52 ID A
LEA* SAD
POS?CN M
EASILY EDD( OF EMU ACM MAO ALCM SAD CEICFEISIE M Fain10 SEWN (7) COURTS
L)SICIYSTE A MTNIM Of 20.33 FEET;
1)60.13 FEET ALCM SME ARC CF A CLIME TO IME MIT MAMND A*ACM Ci 0.100 REI MD A MORAL
mai Of 3145'36", OOP WAS 55991'I57 A DITANQ OF 51.11 RFT;
3)5/11811%A MUMS 6 130.45 FELT;
A NEN FELT ILMO TIE MC OF A CURVE TO ME NOR MAMMM A RADIUS OF 10 DO FEET MO A CFRIRAL
NIQE OF 144555, CHORD SEAM 500E1'WE A DISTANCE OF N S3 FEET
54 SIOa51M A COTMCE OF 141.19 FEET
IQ SCICICI A NSTAKE CE SLAM FEET:
7.)3489017*A 05TNICE OF 54.31 RET 10 A PONT 04 TIC Y6'I DEY N9ICNIY 0F SAC 10 LIME OF
IB BM 1E P SOF URNS (HENS COWER NO.33 OF SAID MS ens SEMS SIDM'OCE A
bSTAMCE 6 107.0 META 1E S0EEIE5 OF 111011 AM 10 BE IFNCMENW at SERINED 10 ME
*ESIEILY 9CIDARY OF IT IDM CR 10 M FAMILY ECM OF UT11E ANNE ROM, SAD PARCEL OF AAMC
CbRANS 17,232=ME FEET, (03b ACRES) MORE M IES
•
3: 5 1
I le.
®XICG OnoaUMTNY ENGNEERMD.WQ Avrenp r.r .uri n ,m¢oi
•R BLAKE Ai. cine
MEMS 7 5 1I FAROITWw111. ONMN
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