HomeMy WebLinkAboutbocc.ord.036.2017 - BOCC CONTRACT
#s 36b- 365- 37a
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN -e c tilt
COUNTY,COLORADO GRANTING CERTAIN EASEMENTS TO THE CITY OF
ASPEN IN CONNECTION WITH THE PITKIN COUNTY CENTER SUBDIVISION
PROJECT
ORDINANCE NO.gi22017
RECITALS
1 Pursuant to C R.S § 30-35-301, the Board of County Commissioners (the
"BOCC") of Home Rule Counties is authonzed 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 2.8.1 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 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 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 proceedings in eminent domain;" and
4. Pursuant to BOCC Resolution No 113, 2016, the Board approved an Intergovernmental
Agreement("IGA")with the City of Aspen wherein both the County and City found that it was in the best
interest of the citizens of the County as well as the City to work cooperatively for the purposes of
construction of the Pitkin County Administration and Public Safety Building and the City of Aspen Police
Department Facility, and
5. In the IGA, the City of Aspen agreed to grant an access easement to Pitkin County
in connection with the construction of the County building and the City of Aspen building; and
6 The BOCC desires to accept an Access Easement by entering into the Access
Agreement (the "Agreement") attached hereto; and
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 the one attached hereto as Exhibits I
approved by the Pitkin County Attorney's Office; and
R 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 Accepting an Access Easement from
the City of Aspen in Connection with the Pitkin County Center Subdivision Project The Chair of
the Board of County Commissioners of the County of Pitkin, Colorado is further authorized to
1
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 L,-611cDAY OF / 2/ .x/V 20//AND
SEOR SECOND READING AND PUBLIC HEARING ON THE %Otk'DAY OF
Tl.Cevnhvv 2011
NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE
ORDNANCE PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE 7k, DAY
OF late-gape{ 201'7
NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE ORDNANCE POSTED qN
THE OFFICIAL PITKIN COUNTY WEBSITE (wv vs ,iikmcnunly.com ) ON THE //a
,-
DAY or L.A. C..t/ulrt, 20 /1
ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE !DAY OF
\ AagW.5Q( 20 / 7
PUBLISHED BY TITLE AND SHORT S ARY, AFTER ADOPTION, IN THE ASPEN
TIMES WEEKLY ON THE }'v-tl' DAY O ,&r 20 /
POSTED BY TITLE AND SHORT SUMMARY ON THHE-QFFICIAL PITKIN COUNTY
WEBSITE(wwvsukincounty.com)ON THE.0/'# DAY OF I / Gen 5?, 20 /7
ATTEST: BOARD OF COUNTY COMMISSIONERS
By: '�. � 4 uI- ,ri (kJ) By: cat& eftout ( +A )
Jeanett: ones / George Newman, Chair
Deputy ounty Clerk
Date. Id - 2i- x011
APPROVED AS TO FORM: MANAGER APPROVAL
By: 1 (ii 1iR By<
Richard . ei-y Jon Peacock;County Manager
Asst Coun Attorney
2
111111111111111 111111111111111111111111 MI IIIMMED
CONTRACT RECEPTION#: 644589, R' $68 00. D: $0 00
DOC CODE EASEMENT
�(9 0 �D/I Pg 1 of 12, 01/22/2018 at 12.37 49 PM
0Janice K Vos Caudill. Pitkin County. CO
ACCESS AND UTILITY EASEMENT AGREEMENT
THIS ACCESSAND� )�� UTI . Y EASEMENT AGREEMENT("Agreement") is made and
./�
entered into this day of • 2017 (the "Effective Date")by and between the
BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO ("Grantor"or
"County"), a body corporate and politic whose address is 123 Emma Road, Suite 106, Basalt,
Colorado 81621 and the CITY OF ASPEN, COLORADO (the "Grantee" or "City") a Colorado
municipal corporation and home rule city whose address is 130 S. Galena, Aspen, CO 81611.
Grantor and Grantee are sometimes referred to collectively herein as the "Parties."
RECITALS
WHEREAS, Grantor is the owner of certain real property known as Lot 1, Pitkin County
Center Subdivision (the "County Property"), which County Property is fully depicted on the
Second Amended Plat of Lot I Pitkin County Center Subdivision recorded in the real property
records in the Pitkin County Clerk and Recorder's Office at Reception No. 626213,
WHEREAS,Grantee is the owner of certain real property located in County of Pitkin, State
of Colorado a legal description of which is appended hereto as Exhibit C,also known as 540 East
Main Street,Aspen, Colorado 81611 (the "City Property");
WHEREAS, Grantor is constructing the Pitkin County Sheriff and Administration Facility
on the County Property, and Grantee is constructing the City of Aspen Police Department Facility
located on the City Property,
WHEREAS, Grantor and Grantee entered into an Intergovernmental Agreement for the
Construction of the Pitkin County Sheriff and Administration Facility and the City of Aspen Police
Department Facility (the "IGA") dated November 10, 2016 wherein the Parties acknowledge the
interests of public safety and ongoing joint interdepartmental operations require certain access
agreements between County andrCity;
WHEREAS, Exhibit A to the IGA requires that City and County work together to, among
other things establish an access easement for use by the City for approximately 75 feet along the
northwestern edge of the Aspen Police Department site;
WHEREAS, the City also requires an easement in the same area along the northwestern
edge of the Aspen Police Department for the excavation, construction, installation, use,
maintenance,operation,and replacement of fiber optic utilities, sanitary sewer service line,storm
sewer line, gas line, foundation drain, and other associated utilities and infrastructure;
WHEREAS, by the execution of this Agreement, Grantor desires to convey to Grantee,
and Grantee desires to accept, a non-exclusive access and utility easement across the County
Property for the purposes and on the terms and conditions herein provided.
AGREEMENT
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, and In further consideration of terms, conditions, covenants and
1
mutual promises contained herein, the parties hereto agree as follows:
1. Grant of Access and Utility Easement. Grantor does hereby grant and convey to
Grantee, and its successors and assigns forever, and Grantee hereby accepts a perpetual, non-
exclusive access and utility easement("the Access and Utility Easement")as described on Exhibit
A over, upon, and across, in and through Grantor's Property in the location depicted on Exhibit
B Exhibit A and Exhibit B are appended hereto and incorporated and made a part of this
Agreement. The purpose of the Access and Utility Easement is for the ingress and egress of City
police vehicles (and other similar emergency vehicles), maintenance vehicles, and trash vehicles,
and to allow for the City of Aspen Employee Housing windows on the northwest section of the
City property to open over the City property line into the Easement Area, and other similar uses
typical of an access easement and otherwise consistent with this Agreement, and for the
excavation, construction, installation,maintenance, operation, use,repair, and replacement of the
City's fiber optic utility, sanitary sewer service line, storm sewer line, foundation drain, and gas
service utilities and as associated facilities.
The Access and Utility Easement includes the following described Easement Area:
an approximately 2,955 square foot area along the North side of the County Property,
designated in Exhibit B as"Access and Utility Easement."
The location of the Easement Area is shown on Exhibit B. A legal description of the Easement
Area is attached as Exhibit A. A utility plan depicting the City's utilities is attached as Exhibit
D.
2 Use of Access and Utility Easement by Grantee. Grantee's use of the Access and
Utility Easement shall be for ingress and egress for all City of Aspen police vehicles,maintenance
vehicles, and trash vehicles and to allow for City of Aspen Employee Housing windows on the
northwest section of the City property to open over the City property line into the Easement Area,
and similar uses typical of an access'easement, and for the excavation, construction, installation,
maintenance, operation, use, repair, and replacement of the City's fiber optic, sanitary sewer
service,storm sewer, foundation drain,and gas service utilities and associated facilities. Grantee's
agents, employees, contractors, and other designated persons may go upon the Easement Area at
all reasonable times to undertake routine use, operation and maintenance of the City's utilities.
Grantee shall not relocate existing or construct new utilities and improvements within the
Access and Utility Easement without first obtaining Grantor's approval of Grantee's proposed
construction plans for any construction or relocations, such approval shall not be unreasonably
withheld. Notwithstanding the foregoing, the City may go upon the Easement Area at any time in
the event of any emergency situation and undertake such repair or replacement activities as it
reasonably deems necessary to properly resolve the emergency situation After the exercise of its
rights hereunder, the City shall restore the surface of the ground to its former condition and
contour Grantee shall be solely responsible for the cost to construct, maintain, or relocate utility
improvements in the location of the Access and Utility Easement unless otherwise provided in v.
separate agreement between the Parties.
Grantee agrees that no vehicle shall be permitted to park, idle, or otherwise block the
Access Easement in any manner that would prevent emergency ingress or egress as provided
2
herein.
3. Use of Access and Utility Easement by Grantor. Grantor shall retain the right to
use and enjoy the Access and Utility Easement,including the right to construct utilities, so long as
such use and enjoyment do not interfere with the Grantee's rights hereunder and provided that
Grantor shall not install or allow and obstructions or permanent encroachments on the Easement
Area that unreasonably interfere with the rights of the City hereunder.. Grantor agrees that no
vehicle shall be permitted to park,idle,or othenvise block the Access and Utility Easement in any
manner that would prevent emergency ingress or egress as provided herein
In the event Grantor discovers an emergency condition pertaining to the City's utilities located on,
over, mor through the Easement Area,Grantor shall make reasonable attempts to promptly notify
the City of such condition.
4. Road and Other Improvements. The roadway within the Access and Utility
Easement maybe improved to whatever level may be lawfully allowed to serve the uses of Grantor
or Grantee. Grantee may perform such road improvements from time to time as mutually agreed
by the Parties and upon the terms and conditions agreed to by the Parties.
5. Road Maintenance and Snow Plowing. Grantee may perform such snow plowing,
road maintenance, and road repair from time to time, as mutually agreed by the Parties.
Notwithstanding the foregoing, Grantee may go upon the Access and Utility Easement at any time
to respond to an emergency situation or condition, and undertake any repair or maintenance
activities as it deems necessary to properly resolve the emergency situation. Grantee shall not be
required to plow, maintain, or repair, or to contribute to the cost of plowing, maintaining, or
repairing the Access and Utility Easement by virtue of this Agreement unless otherwise provided
in a separate agreement between the Parties, except Grantee shall maintain the Access Easement
in a clean and attractive manner,free and clear of any trash or unsightliness.
6. Repairs Caused by Negligence. In the event that any repairs to the Access and
Utility Easement, or improvements, landscapmg, or utilities located thereon are caused solely by
the negligence of one party hereto or the party's contractors, agents, licensees, employees, or
guests, then such repair shall be undertaken by such party at its sole cost and expense within a
reasonable time after the negligence which caused the need for the repair.
7. No Interference or Obstruction. Neither City nor County shall obstruct, impede or
interfere in the reasonable use of the Access and Utility Easement Area for the purposes described
herein
8. 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
i sender. i
3
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?pitkmcounty.com Email: attomey(Mpitkincounty.com
To Grantee City of Aspen: With copies to:
City of Aspen City of Aspen Attorney's Office
City Manager 130 S Galena
130 South Galena Street Aspen, Colorado 81611
Aspen, Colorado 81611
9. Liability to Others Each party shall be responsible for any and all claims,demands,
actions, losses, liabilities, or expenses of whatever sort, including attorney fees, that are incurred
by any person or entity ansmg out of or in connection with such party's use or occupation of the
Access and Utility Easement, or the use or occupation of the Access and Utility Easement by its
agents, employees, contractors, lessees, invitees or licensees, provided, however, that nothing
herein shall be construed to abrogate or diminish any protections and limitations afforded to either
party hereto by the Colorado Governmental Immunity Act, C.R.S §§ 24-10-101 et seq as
amended, or other law. In the event that either party, or their respective elected officials,officers,
directors, members, employees, agents, contractors, representatives,heirs or assigns may be held
jointly and severally liable under any statute, decision, or other law providing for such joint and
several liability for their respective activities on the Access and Utility Easement, the obligations
of each to respond in damages shall be apportioned,as between Grantor and Grantee,in proportion
to the contributions of each
10. 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 County Property and the City Property, respectively. Notwithstanding anything to the
contrary,this easement may be subject to existing easements of record or accruing under common
law.
1 I 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.
12. 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
tights,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 time.
13. No Assignment Without Written Consent. Grantee shall not,without first obtaining
the prior written consent of Grantor, sell, assign,transfer, encumber,hypothecate, or sublease any
or all of the rights,interests, or obligations under this Agreement.
4
14. 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.
15 Modification. No provision or teen 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
16. 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
17 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.
18 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.
19. 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 onginal or same counterpart.
20. 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.
A
21. Recordation Upon execution by the parties, this Agreement shall be recorded in
the real estate records of Pitkin County, Colorado.
22. 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
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals as
of the day and year first above written.
BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY
By: �'t'l'. ,i (Lew Ltbrt )
George Newman, Chair
APPROVEDTOFORM:
IP i. t1
By Rich •V\ •eiley III, Assistant County Attorney
STATE OF COLORADO )
)ss
COUNTY OF PITKIN )
The foregoing was tvledged(sworn)before me thio day of [
2017 by.(cq;g�L'iair of the Board of County Commissioners of itkin County.
Witness my h and official seal
My commission expires: I ; ' 1 \I
I LISA MACDONALD r � ',�h -
Notary Public r
State of Colorado ��: �_• _ _ _
Notary ID/19924015259 C� '�
MyD on Ezoues 11.1&1020 No +r• Piai
sin
6
IN WITNESS WHEREOF,the parties hereto have hereunto set their hands and seals as
of the day and year first above written
CITY OF ASP' N, C9 ORAJ5O, a municipal corporation
By
Stev irSkad in, Mayor
Atte : ^
1
Linda Manning, City Clerk
APPROVED AS TO FORM:
.dimes R True, City Attorney
STATE OF COLORADO )
)ss.
COUNTY OF PITKIN ) `InplA,}y
r�Q' ubsenbeed and sworn to before r c his day of V tL11Vt'A1 U l'101 I by
/lJ(/
67 G 4I or as ��A $ r of City of Asp n,Colorado, a Colorado
municipal corporation
Witness my hand and official seal.
My commission expires: ClC 174-17.)-24
/
TARA L. NELSON / f Nit( n ,�
NOTARY PUBLIC `�t, O C
STATE OF COLORADO NotaryPublic
NOFARY ID#200150;'50!7
My CoTniss un E„nr_.S-plerneer 25.2021
7
- EXhlbl$ A -
EASEMENT DFSCRIPEON
M easement situated within Lot $ Second Amended Plat of Lot 1, Pitkin, Canty
Center Subdivision, City of Aspen, County of Pdkin. State cf Colorado, as show
on the Plat thereof, recorded n Plat Back 113 at Page 39 of the Pftkil County
records, said easement being more fully described as follows/
Beginning at the Easterly lire of said Lot I, from which the Northeast Comer of
said Lot 1 bears N 14150'49'E a distance of 11.41 feet,
thence S 14'50'49" W along said Easterly line, o distance of 95.87 feet,
thence N 750911` W a distance of 25.26 feet.
thence N 1414150" E a distance of 4582 feet;
thence 8.47 feet along a non—tangent carve to the left, having a radius of 600
feet, a central angle of 801552e, the chad of which bears N 25'38151 W a
distance of 779 feet;
thence N 1594'48" E a distance of 24 25 feet.
thence 2513 feet along a non—tangent curve to the left, having a radius of
31.94 feet, a central angle of 45405'00", the chard of which bears
N 1491'26" W a distance of 24.49 feet to the Northerly Line of said Lot I;
thence N 8494'00" E along said Northerly Line, a distance of 29.23 feet;
thence 8.47 feet along a non—tangent curve to the right, having a radius of
5630 feet, a central angle of 813712°, the chard of which bears S 21'36'49" E
a distance of 8.46 feet;
thence 1025 feet along a non—tangent curve to the left, Meng a radius of
1000 feet, a central angle of 584517", The chord of which bears S 455141" E
a distance of 911 feet
thence S 757420' E a distance of 1.26 feet to the point of beginnhg, said
easement containing 0.068 acres (2955 square feet), more or less.
David A.Cooper •r ;44 0' w'
`
Colo Rep.PIS.k29IXi0
Por,Codon � 29030
behalf of SGM ���—/7�
t
`7Gam`QGM tot 1,2nd Amended 'p'101.1•;,, stn A
r7V1-' Pilkin County Center Sub M7 Easement Exhibit Description
cwe Wo.m owl
N.970U nau ... Aspen,CO x. a B �
1 — Cwe aicEXI INNIt B — .Ane, Lave Ken 'a l
Peri Carrier.I Rud L•rqh
fE sir 5W0130362C N233852b ]A'
/jy
i
_may '\ Cl 2593 13194 01811500r 14141132611141411326112449•
P��P. \ C8 &4T 5836 00/23/If' Rrl6'49"E lilt
o; \>} \\ Ca 1025" 10.03/058'151! 59551.1112 981'
N'/,/ ' 1~ / \\ Lre lade
--
/ n/yr i �/ \e. Lire InmeaF Lvgn
Y
`3' / —'\ \\ HS NI,SO'192 1140
-- 1 \ 1 L47 514501431 95.07
. P \ 1
,C,F F' a•— ' L40 N1SfION 252R
,/",/" ye.,,: .- 1i'1 , a. .'.L {LR - ' se \\ LH NIl4i t 43182.\ La0 n15W'98'E 24.25
d 3' L`1 Nal'S1'WE 2925
yp p --�Q ,L4 57514'211126•
71141il tic •u4 {id �� r , -•%/4 • \\\
Q/. b
32 tl11 1•1;""7,...:.e �./ a_" vq` , 4
P� Fell!' '-PIaI� •11 '11•-r:
liF 33 I• I /1 3 tl ,:H., 4 r LI1 d /i i1
en 1 e1
1 fl 4 j ice
1 , I ' fr , Access Fsmt. r
6.068 Ac.± t`
t
t - - -I. _- % 1C P1318-/ cee„ d
11
B A'iR L. :1i' 5 5- -1,'1 `
LOT 1
I Lt E1, SiHE
ET i r1y
_SECOND AMEMOaD PUT Of LOT i f "F': of'.•_ RKK COATS CENTER SL%MAON jII
r :
dPUi Bbp2. 731150P7A3-E47051
OWNER: FINN COUNTY i 1,; I
530 E WAR enur/302
ASPEN.CO 91611
•
David A.Coo'- `r i, V j,./
- LEGEND - Cob.Reg.P.LS. . I , r_'•., d,
30' 60'
R G SGM Lot 1, 2nd Amended "° sm B
�aw7�`w7ns.V 1x.-1mn Pill in County Center Sub N at? Easement Exhibit Mop
x 736:el
\.rosu 1004m..�. Aspen,CO . a B ,
C
EXHIBIT
LEGAL DESCRIPTION
A parcel of land in the East Aspen Additional Townsite according to the Plat thereof recorded as Document No 108453,
Ditch Book 2A at Page 252 of the Real Estate records of Pdkin County,Colorado,being a portion of that parcel of land
conveyed by Mayor's Deed recorded as Reception No.109112 described as follows.
Beginning at a point on the Northerly right of way line for East Main Street being the Southwest corner of that parcel of
land conveyed in Book 191 at Page 186 and whence the Southwest corner of Block 20 East Aspen Additional Townsite
bears S 75°09'11'E 519 feet,
thence N 75°0911'W 69.81 feet along the Northerly right of way line for East Main Street to the Southeast corner of Block
19,East Aspen Additional Townsite;
thence N 75°0911'W 22.59 feet along the Southerly line of Lot 10,Block 19,East Aspen Additional Townsite to the
Southeast corner of that parcel of land conveyed by Book 197 at Page 166,
thence N 14°50'49'E 100.00 feet along the Easterly line of said Book 197 at Page 166 to the Northerly line of Lot 10,
Block 19,East Aspen Additional Townsite;
thence N 75°0911'W 7.5 feet to the Northwest corner of said Lot 10,Block 19,East Aspen Additional Townsrte,
thence N 75°0911'W 10.09 feet along the South line of said Lot 9 to the Southeast corner of that parcel of land conveyed
in Book 119 at Page 126;
thence N 14°50'49"E 186,03 feet along the Easterly line of said Book 119 at Page 126 to a No 5 rebar m place,
thence S 61°50'02'E 24 43 feet to the Northwest corner of that parcel of land conveyed by Book 191 at Page 186;
thence 5 19°49 E 138.63 feet along the Westerly line of said Book 191 at Page 186,
thence S 04°08'W 67 55 feet along the Westerly line of said Book 119 at Page 186 to the Southwest corner of Lot 1,Block
20,East Aspen Additional Townsite,
thence S 17°09'1 P W 120.50 feet along the Westerly Ilne of said Book 119 at Page 186 to the point of beginning
t
11IIIry IN �ry1ryI ,11n 111Ipy IIII�I Part,472956
IIIII�III�III 1111 �N'1'Illlhl IUYHI tei 4 of 4
rarer oxeeaau nv
PITKIN
COUNTY co a xt ee
u
F �fl,
1'4 Ifa . \ x Y4 l� {'
�� f l qi '� • ° _ �'
.tti
4 S S
r ilic 1
I< it[, I . � It. t II._ i
.. {
,ii, 4
�1 f � - II ,�‘4,.`it cl
I 1
-1-1. ,+ ti , +t` \ Nii \fix '��- til.:. ,
l'i
`f lin �a s _ �a==a
,,� , ( ��� E. " °
� F s* 4 ma �¢ u f tj i ha-
r � o f f8I _A Nail A t�
= f iv',41,
.l , €} eocao�
,Lill -
i
e:a
Mr)
lit3 4,474
i s1H33Aa, ad. ‘ , '���Y% 1\r :lir ` 1 -_
— 1 - _
ai
�.. III�t E `-1
�' Intl as r ❑ z
I
3 ti I.3 k i i^ hisi 11 in B=3
� 1• 1
€ :a I• lig cri $t 9
i
Olaf
En lii
� aill
3Ii" \I I pIn
1
_—:/_— I ____ it _
CONTRACT IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
RECEPTION# 644590, R $53 00, 13' $0 00
DOC CODE EASEMENT
A 3/ 9, Pg 1 of 9,01/22/2016 at 12:37:50 PM
TI' u ! /' Janice K.Vos Caudill, Pitkin County, CO
STORM SEWER EASEMENT AGREEMENT
THIS TORM WER EASEMENT AGREEMENT("Agreement") is made and entered
into this ay of 2017 (the "Effective Date") by and between the BOARD
OF COUNTY COM ISSIONERS OF PITKIN COUNTY, COLORADO ("Grantor" or
"County"), a body corporate and politic whose address is 123 Emma Road, Suite 106, Basalt,
Colorado 81621 and the CITY OF ASPEN, COLORADO (the "Grantee" or "City") a Colorado
municipal corporation and home rule city whose address is 130 S. Galena, Aspen, CO 81611.
Grantor and Grantee are sometimes referred to collectively herein as the "Parties."
RECITALS
WHEREAS, Grantor is the owner of certain real property known as Lot I,Pitkin County
Center Subdivision (the "County Property"), which County Property is fully depicted on the
Second Amended Plat of Lot 1 Pitkin County Center Subdivision recorded in the real property
records in the Pitkin County Clerk and Recorder's Office at Reception No. 626213 (the "County
Property"), and
WHEREAS,Grantee is the owner of certain real property located in County of Pitkin, State
of Colorado a legal description of which is appended hereto as Exhibit A, also known as 540 East
Main Street, Aspen, Colorado 81611 (the"City Property"); and
WHEREAS, Grantor is constructing the Pitkin County Sheriff and Administration Facility
on the County Property, and Grantee is constructing the City of Aspen Police Department Facility
located on the City Property(collectively the"Projects"); and
WHEREAS, Grantee owns and operates the City of Aspen municipal water distribution
system, and manages all stormwater flows and sewer systems within the City of Aspen, and
i
WHEREAS, Grantee desires to install a storm sewer to accommodate stornwater on the
City Property and the Aspen Police Department Facility. The storm sewer will also accommodate
stonnwater on the County Property and the Pitkin County Sheriff and Administration Facility. The
Parties understand and agree that the storm sewer shall be designed to accommodate both Projects
and will be included in the Aspen Police Department Facility construction project; and
WHEREAS,in order to use,operate,maintain,repair and replace the storm sewer depicted
on Exhibit B attached hereto and associated infrastructure, Grantee requires an easement from
Grantor; and
WHEREAS, by the execution of this Agreement, Grantor desires to convey to Grantee,
and Grantee desires to accept,a storm sewer easement across the County Property for the purposes
and on the terms and conditions herein provided
AGREEMENT
NOW, THEREFORE, IN CONSIDERATION of the promises and agreements set forth
1
below, and for other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged,the parties agree as follows:
Grant of Easement Grantor does hereby grant and convey to Grantee, and Grantee
hereby accepts,a perpetual non-exclusive easement as described on Exhibit B attached hereto(the
"Storm Sewer Easement"or"Easement")for the purposes of excavation,construction,installation,
operation, use, maintenance, repair, access to, and replacement of the City's storm sewer and
associated facilities located within the easement premises. The Storm Sewer Easement is
described on Exhibit B,which is attached hereto and incorporated herein by reference The Storm
Sewer Easement is granted over, upon, across, in and through the County Property. This grant of
easement shall run with the land of the County Property for the benefit of Grantee, and shall be
binding upon and inure to the benefit of Grantee, and its successors and assigns
2. Use of Easement Premises by Grantee. The Grantee's agents, employees,
contractors and other designated persons may go upon the Easement at all reasonable times to
undertake routine use, operation and maintenance of Grantee's storm sewer and related utilities.
In the event the City plans repairs or replacement of infrastructure within the Easement premises,
it shall provide Grantor with reasonable adyance notice of the work to be undertaken, and the
estimated time of completion, and obtain Grantor's approval of Grantee's proposed construction
plans for any construction or relocations, such approval shall not he unreasonably withheld Prior
to performing any activities upon the Storm Sewer Easement for which a permit is required,
Grantee must obtain all of the necessary permits for the proposed activity Notwithstanding the
foregoing,the City may go upon the Easement premises at any time in the event of any emergency
situation or condition,and undertake such repair or replacement activities as it deems necessary to
properly resolve the emergency situation.
a. After the exercise of any of its rights hereunder, the Grantee shall grade, re-seed,
or re-sod as necessary to restore the surface of the ground to its former condition and contour as
well as replace any trees or bushes damaged or removed with trees or bushes of like kind and
species. Grantor may waive the requirement that Grantee replace trees and bushes should Grantor
deem doing so desirable. Grantee shall also replace any asphalt or other road improvements
necessarily disturbed or damaged by Grantee's activities on the Storm Sewer Easement
3 Use of Easement Premises by Grantor. Grantor shall retain the right to use and
enjoy the County Property, including the Easement premises, so long as such use and enjoyment
do not interfere with the Grantee's rights hereunder, and provided that Grantor shall not install or
allow any obstructions or permanent encroachments on the Easement premises, including but not
limited to fences, buildings, gates, or other structures, or trees, bushes, brush, gardens, or
pavement, and shall not obstruct or permit obstruction of access to the Easement premises. In the
event any such obstructions or encroachments are erected, installed, or permitted to remain upon
the Easement Area premises notwithstanding this paragraph,Grantor understands and agrees that
such obstructions or encroachments may be removed by the City at Grantor's cost, and that the
City shall have no responsibility or liability for any damage or destruction thereto
a. In the event Grantor discovers an emergency condition pertaining to Grantee's storm•
sewer facilities to be located on, over, in or through the Easement premises, Grantor shall make
reasonable attempts to promptly notify the City of such condition.
2
4 Liability to Others. Each party shall be responsible for any and all claims,demands,
actions,losses,liabilities,or expenses of whatever sort, including attorneys' fees, that are incurred
by any person or entity arising out of or in connection with such party's use or occupation of the
Easement premises, or the use or occupation the Easement premises by its agents, employees,
contractors, invitees or licensees, provided, however, that nothing herein shall be construed to
abrogate or diminish any protections and limitations afforded to the Grantee by the Colorado
Governmental Immunity Act, C.R S § 24-10-101 et seq. as amended, or other law. In the event
the Grantee and Grantor, or their respective officers, directors, members, employees, agents,
contractors, representatives, heirs or assigns may be held jointly and severally liable under any
statute, decision, or other law providing for such joint and several liability for their respective
activities on the Easement premises, the obligations of each to respond in damages shall be
apportioned, as between the City and Grantor, in proportion to the contributions of each as
measured by the acts and omissions of each which in fact caused such legal injury, damage or
harm and the City and Grantor shall indemnify each other to the extent necessary to assure such
apportionment
5 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 peacockg pitkincounty.com Email: attomey rr,pitkincounty corn
To Grantee City of Aspen: With copies to:
City of Aspen City of Aspen Attorney's Office
City Manager 130 South Galena Street
130 South Galena Street Aspen, Colorado 81611
Aspen, Colorado 81611
6 Binding, Agreement - Recording. This Agreement is binding upon the parties
hereto, their successors and assigns, and any sale of the County Property, or any portion thereof
shall be subject to this Agreement. This Agreement shall be recorded with the Pitkin County Clerk
and Recorder,and shall impost an casement and covenants running with the land upon the County
Property. Deeds to subsequent owners of the County Property shall provide notice of this
Agreement and the obligations contained herein.
7. 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
3
prevailing party shall be entitled to recover costs incurred in pursuing such remedies, including
expert witness fees and reasonable attorney fees
8 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 time.
9. No Assignment Without Written Consent. Grantee shall not,without first obtaining
the prior written consent of Grantor, sell, assign,transfer, encumber,hypothecate,or sublease any
or all of the rights, interests, or obligations under this Agreement.
10 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.
11. 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
12. Severability If any term or provision of this Agreement shall be held to he 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
13. 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. t
14 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.
15 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.
16. 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.
[Signature Page(s)Follow]
4
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals as
of the day and year fust above canttcn
BOARD OF COUNTY COMMISSIONERS OF PITKIN Y
COUNT
By 10O (-litre (10 /
George Newman, Thair
APPROVED TO FORM-
By: n
Richar eiley III, Assistant County Attorney
STATE OF COLORADO )
) ss
COUNTY OF PITKIN )
The foregoing was ackioyJe,ked(sworn)before me this day of
2017 byn as Chai the Board of County Commissioners of Pitkin County.
Myrna
ines my iia and officialll �X'seal T^'�/ +
{ ` V� (j
My commission expires' U 6
LISA MACDONALD ‘ 1
I
I Notary Colorado � =�
State #19924015259 kat ill
NotarymiionExpires
_
My Commission Expires 11-18-2020 Not. Pur is
5
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals as of
the day and year first above written.
CITY OF ASP/N,i OL RAIttO, a municipal corporation
I
ve
By: j
Sten dron,' ayor
Attest I !
SA , n ICU
n.. Manning, City Clerk
APPROVED AS TO FORM
es R. True, City Attorney
STATE OF COLORADO )
)ss
COUNTY OF PITKIN I {�In
��SAub enbed and sworn to before eyrrhis 11 day of\JU R 1 gAIBby
v Iv e 4 Ito I as T L 2 of City of Aspen, Colorado, a Colorado
municipal corporation
Witness my hand and official seal
,
My commission expires: 0 I R6I�TI /1 I � �/�
TARA L. NELSON 1 4,, e'‘L-- C/NI (CO "
NOTARY PUBLIC Notary Public
STATE OF COLORADO
NOTARY ID k200I4C30J17
My Comm assn Enp.cs 5':tent,:,7,2 _.
6
EXHIBIT "A"
LEGAL DESCRIPTION
A parcel of land in the East Aspen Additional Townsite according to the Plat thereof recorded as Document No 108453,
Ditch Book 2A at Page 252 of the Real Estate records of Pdkin County,Colorado,being a portion of that parcel of land
conveyed by Mayor's Deed recorded as Reception No,109112 described as follows.
Beginning at a point on the Northerly right of way line for East Main Street being the Southwest corner of that parcel of
land conveyed In Book 191 at Page 186 and whence the Southwest corner of Block 20 East Aspen Additional Townsite
bears S 75°09'11'E 519 feet;
thence N 75°0911'W 69 81 feet along the Northerly right of way line for East Main Street to the Southeast corner of Block
19,East Aspen Additional Townsne,
thence N 75°09'11'W 22.59 feet along the Southerly line of Lot 10,Block 19,East Aspen Additional Townsne to the
Southeast corner of that parcel of land conveyed by Book 197 at Page 166,
thence N 1415949'E 100.00 feet along the Easterly line of said Book 197 at Page 166 to the Northerly line of Lot 10,
Block 19,East Aspen Additional Townsite,
thence N 75609114W 7.6 feet to the Northwest corner of said Lot 10,Block 19,East Aspen Additional Townsite
thence N 75'0911'W 10.09 feet along the South line of said Lot 9 to the Southeast corner of that parcel of land conveyed
in Book 119 at Page 126,
thence N 14°50'49'E 186.03 feet along the Easterly line of said Book 119 at Page 126 to a No 5 rebar in place,
thence 5 6105002'E 24 43 leet to the Northwest corner of that parcel of land conveyed by Book 191 at Page 186,
thence S 19°49 E 138.63 feet along the Westerly line of said Book 191 at Page 186,
thence S 04°06'W 67.55 feet along the Westerly line of said Book 119 at Page 186 to the Southwest corner of Lot 1,Block
20,East Aspen Additional Townie,
thence S 17109'11'W 120 50 feet along the Westerly line of said Book 119 at Page 186 to the point of beginning.
1 1 1
11411111130: 656 0
12 4W
BIL./19.
Fxhihit R
STORM SEWER EASEMENT
I OT
RIO GRINOF SIIB
P K NAIL&SHINER
L S X 28643 Ci ROCK
LQ
P K NAIL&SHINER—'
L S p11166 STORMSFWIMENTJ \ �
EASEMENT
LOT4
RIO GRANDE P K AAI]&SHINER
SUB L543b643&13166
FOUND/RS PEA(F
LOTI
FIRST AMENDED PLAT OF LOT 1
PITT IN COUNTCENTER SUBDIV ISION
PARCEL NO 223702347851
OWNER PITKIN COUNTY
530 E 6W\STREET#30'_
ASPEN,CO 81611
N
e,ov
•r "a
x^• • F LINE TABLE
Y
LINE ft BEARING DISTANCE
LI 500•]0'00'£ 1792'
... L2 N82°5945"W 1042
SS L3 N62'3715"W 260"
rt I 1 L4 N8YOm00"L 3362'
DETAIL
GRAPHIC SCALE
=20'
STORM SEWER EASEMENT
A PARCEL OF LAND SITUATED IN LOT I OF THE RIO GRANDE RUBOR ISION AND PITKIN COUNTY CENTER
SUBDIVISION LOT LINE ADJUSTMENT ACCORDING TO THE PLAT RECORDED JULY 5,200'IN PLAT BOOK 61 AT PAGE
19,SAID PARCEL BEING IN THE CITY OF ASPEN,COUN TV OF PITKIN,STATE OF COLORADO AXD BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS
COMMENCLNG AT THE NORTHEASTERL1 CORNER OF SAID LOT I,THE POINT OF BEGLNNNG WHENCE THE
NOR'HW F SI FRAY CORNER BEARS 582'0000"WA DISTANCF OF 5250 FFET,THENCE S00'3000'F ALONG THEE ASTERE Y
BOUNDARY OF SAID LOT 1 A DISTANCE OF 1792 FEET,THENCE LEAVING SAID EASTERLY BOUNDARY N82°5045"W A
DISTANCE OF 1042 FEET,THENCE N62°3T15'W A DISIANC E OF 2602 FEET TO A POINT ON I HE NORTHERLY
BOUNDARY OF SAID LOT 1,THENCE N82 0000'E ALONG SAID NORTHERLY BOUNDARY A DISTANCE OF 3162 FEET TO
THE POINT OF BEGINNING SAID PARCEL CONTAINING 346 SQUARE FEET MORI OR LESS
400112:Entai. „S
rrn Or ASPEN MLORADO I04
u� f nm 6n mIlM STORM SEWER EASEMENT 1�
SR IN LOT I RIO GRANDE AND
PRAT'COIRDIDTMFR SUR
CONTRACT
# X70- ;aii
LOT LINE EASEMENT AGREEMENT
THIS LOT LINE EASEMENT AGREEMENT (`Agreement") is made and entered into
this Qfilay of np(i Q h-t r 2017 (the "Effective Date") by and between the BOARD OF
COUNTY COMMISSIONERS OF PITKIN COUNTY,COLORADO ("Grantor"or"County"), a
body corporate and politic whose address is 123 Emma Road, Suite 106, Basalt, Colorado 81621
and the CITY OF ASPEN, COLORADO (the "Grantee" or "City") a Colorado municipal
corporation and home rule city whose address is 130 S Galena, Aspen, CO 81611. Grantor and
Grantee are sometimes referred to collectively herein as the`Parties."
RECITALS
WHEREAS, Grantor is the owner of certain real property known as Lot 1, Pitkin County
Center Subdivision (the "County Property"), which County Property is fully depicted on the
Second Amended Plat of Lot 1 Pitkin County Center Subdivision recorded in the real property
records in the Pitkin County Clerk and Recorder's Office at Reception No. 626213,also known as
530 East Main St Aspen Colorado, 81611 (the "County Property"); and
WHEREAS,Grantee is the owner of certain real property located in County of Pitkin,State
of Colorado a legal description of which is appended hereto as Exhibit A, also known as 540 East
Main Street,Aspen, Colorado 81611 (the "City Property"); and
WHEREAS,Grantor is constructing the Pitkin County Sheriff and Administration Facility
("County Facility")on the County Property, and Grantee is constructing the City of Aspen Police
Department Facility ("City Facility") located on the City Property (collectively the "Projects");
and
WHEREAS, Grantor and Grantee share a common lot line between the County Property
1 and the City Property;
WHEREAS, Grantor and Grantee entered into an Intergovernmental Agreement for the
Construction of the Pitkin County Sheriff and Administration Facility and the City of Aspen Police
Department Facility dated November 10,2016 (the"IGA"),wherein the Parties acknowledge that
it is mutually beneficial to enclose the lot line separation in the location of and between the Projects
by constructing "false fronts" and a roof connection between the two buildings (the "Lot Line
Improvements'); and
WHEREAS, in order to construct the Lot Line Improvements, Grantee requires an
easement from Grantor; and
WHEREAS, Grantor and Grantee understand and agree that the Lot Line Improvements
may cause snow, ice, rain, or other materials that collect or accumulate on the Lot Line
Improvements to be directed or otherwise transported from the connection between the two
I buildings onto the adjacent County Property and/or City Property and the buildings being
constructed thereon;and
IIIIIIIIIIII111111111111111111111111 1111111 11111111011111111111111111
RECEPTIONS. 644588, R. $63.00, D. $0 00
DOC CODE EASEMENT
1 Pg 1 of 11, 01/22/2018 at 12:37:48 PM
Janice K. Vos Caudill, Pitkin County,CO
WHEREAS, during the course of construction of the City Facility, it was discovered that
the south wing-wall of the City Facility was constructed in a location that minimally encroaches
onto the County Property in the location of the common lot line, and
WHEREAS, in order to maintain the south wing-wall encroachment on the County
Property,Grantee requires and easement from Grantor, and
WHEREAS, by the execution of this Agreement, Grantor desires to convey to Grantee,
and Grantee desires to accept, a lot line easement on the County Property for the purposes and on
the terms and conditions herein provided.
AGREEM ENT
NOW, THEREFORE, IN CONSIDERATION of the promises and agreements set forth
below, and for other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the Parties agree as follows:
1 Grant of Easement. Grantor does hereby grant and convey to Grantee,and Grantee
hereby accepts, a perpetual non-exclusive lot line easement (the "Lot Line Easement" or
"Easement") in the area depicted in Exhibit B and labeled "Encroachment License," and further
described in Exhibit C for the purposes of installing and maintaining the Lot Line Improvements
on the County Property as well as the south wing-wall encroachment on the County Property as
shown on Exhibit D. This grant of easement shall run with the land of the County Property for
the benefit of Grantee, and shall be binding upon and inure to the benefit of Grantee, and its
successors and assigns.
2. Construction and Repair of Lot Lme Improvements. Grantor and Grantee shall
share in the cost and responsibility for construction and repair of the Lot Line Improvements as
set forth and approved in Exhibit A to the Intergovernmental Agreement for the Construction of
the Pitkin County Sheriff and Administration Facility and City of Aspen Police Department
Facility, Paragraph 5. Lot Line Building Connection and Maintenance, which Paragraph 5 is
expressly incorporated herein by reference.
3 Use and Maintenance of Easement Premises by Grantee During construction,
Grantee's agents,employees,contractors and other designated persons may go upon the Easement
at all reasonable times to perform construction activities associated with the Lot Line
Improvements. After construction of the Lot Line Improvements has been completed. Grantor
shall have the sole responsibility to conduct routine maintenance of those portions of the Lot Line
Improvements located on or above County Property. Notwithstanding the foregoing,the City may
go upon the Easement premises at any time in the event of any emergency situation or condition,
and undertake such repair or replacement activities as it deems necessary to properly resolve the
emergency situation.
4. Use and Maintenance of Easement Premises by Grantor. Grantor shall retain the
right to use pnd enjoy the County Property, including the Easement premises, so long as such use
and enjoyment do not interfere with the Grantee's rights hereunder After construction of the Lot
Line Improvements has been completed, Grantor shall have the sole responsibility to conduct
routine maintenance of those portions of the Lot Line Improvements located on or above County
2
Property
5 Liability to Others. Each party shall be responsible for any and all claims,demands,
actions,losses,liabilities, or expenses of whatever sort, including attorneys' fees,that are incurred
by any person or entity arising out of or in connection with such party's use or occupation of the
Easement premises, or the use or occupation the Easement premises by its agents, employees,
contractors, invitees or licensees, provided, however, that nothing herein shall be construed to
abrogate or diminish any protections and limitations afforded to the Grantee by the Colorado
Governmental Immunity Act, C.R S. § 24-10-101 et seq. as amended, or other law In the event
the Grantee and Grantor, or their respective officers, directors, members, employees, agents,
contractors, representatives, heirs or assigns may be held jointly and severally liable under any
statute, decision, or other law providing for such joint and several liability for their respective
activities on the Easement premises, the obligations of each to respond in damages shall be
apportioned, as between the City and Grantor, in proportion to the contributions of each as
measured by the acts and omissions of each which in fact caused such legal injury, damage or
harm and the City and Grantor shall indemnify each other to the extent necessary to assure such
apportionment
6. 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 lon.peacock(aDpitkincounty.com Email: attorney(u?pitkincpunty.com
To Grantee City of Aspen. With copses to:
City of Aspen City of Aspen Attorney's Office
City Manager 130 South Galena
130 South Galena Street Aspen, Colorado 81611
Aspen,Colorado 81611
7. Binding, Agreement - Recording This Agreement is binding upon the parties
hereto, their successors and assigns, and any sale of the County Property, or any portion thereof
shall be subject to this Agreement. This Agreement shall be recorded with the Pitkin County Clerk
and Recorder,and shall impose an easement and covenants miming with the land upon the County
Property. Deeds to subsequent owners of the County Property shall provide notice of this
Agreement and the obligations contained herein.
S Governing Caw; 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
3
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
prevailing party shall be entitled to recover costs incurred in pursuing such remedies, including
expert witness fees and reasonable attorney fees.
9. 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 seg , as it may be amended from time to time.
10 No Assignment Without Written Consent. Grantee shall not,without first obtaining
the prior written consent of Grantor, sell,assign,transfer,encumber,hypothecate, or sublease any
or all of the rights, interests, or obligations under this Agreement.
II. 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.
12 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.
13. 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.
14. Waiver Any waiver by either party hereto of any breach of any kind or character
whatsoever by the her party, whether such shall be direct or implied, shalltnot be construed as a
continuing waiver of or consent to any subsequent breach of this Agreement on the part of the
other party
15. 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
16. 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
17. 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
[Signature Page(s)Follow] i
4
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals as
of the day and year first above written
BOARD OF iF
COUNTY COMMISSIONERS OF PITNIN COUNTY
By I lf' . l.CLQ PA 4K)
)
George Newman, Chair
APPROV I TO FORM:FOg�
By ►k._1 ►x!`
Richar1 ' wet ey III,Assistant County Attorney
STATE OF COLORADO )
) ss
COUNTY OF PITKIN )
The foregoing was 49Iweledged(sworn)before me this day of
2017 by Cy{ge-rgµlpgiptiaan antair of the Board of County Commissioners of Pitkin County.
Witness my ha and offi 'al scat
I
My commission expires: i I r 1
LISA MACDONALD ..t ..-
Notary Public 11
I State of Colorado 'I
Notary 10519924015269 'i, 1' ,�A-- N_ 1,
M Commission Ex fres 11-18-2020 -
N.' ry PubliT
5
IN WITNESS WHEREOF,the parties hereto have hereunto set their hands and seals as of
the day and year first above written.
CITY OF AA,E4r COLORADO, a municipal corporation
By. ./ ' 1' L'L/
Steven Skadron\Mayor
Att-st:
0� I I ' MC
Linda Maiming, City Clerk
APPROVED AS TO FORM:
mes R. True,City Attorney
STATE OF COLORADO )
)ss
COUNTY OF PITKIN ) I I/� I A p n
Su be and.swom to b�fpre Ih' II day of�1 Q r� p`Q t /��U by
V as Ili
v D of City of Aspen, olorado, a Colorado
municipal corporation. i
Witness my hand and official seal. _(h /,
My commission expires: FIAI v`�
mi
TARA L. NELSON <�,LL -IV(W
NOTARY PUBLIC
S T HTE OF COLORADO
NOTARY ID#20O 14030017 Notary Public
M"Corr45iCf1 Exp.r sE`_Fiem;R:25,2021
6
EXHIBIT "A"
LEGAL DESCRIPTION
A parcel of land In the East Aspen Additional Townsite according to the Plat thereof recorded as Document No 108453,
Ditch Book 2A at Page 252 of the Real Estate records of Pakln County,Colorado,being a portion of that parcel of land
conveyed by Mayor's Deed recorded as Reception No.109112 described as'follows.
Beginning at a point on the Northerly right of way line for East Main Street being the Southwest corner of that parcel of
land conveyed In Book 191 at Page 188 and whence the Southwest corner of Block 20 East Aspen Additional Townsite
bears S 75°09'111 E 5.19 feet;
thence N 7500911'W 69 81 feet along the Northerly right of way line for East Main Street to the Southeast corner of Block
19,East Aspen Additional Tawosde;
thence N 75°09'111 W 22 59 feet along the Southerly line o1 Lot 10,Block 19,East Aspen Additional Townsite to the
Southeast corner of that parcel of land conveyed by Bode 197 at Page 166,
thence N 14°5049'E 1 00 00 feet along the Easterly line of said Book 197 at Page 166 to the Northerly line of Lot 10,
Block 19,East Aspen Additional Townsite:
thence N 75°09'71'W 7.5 feet to the Northwest corner of said Lot 10,Block 19,East Aspen Addtonal Townsite;
thence N 75°0911'W 10.09 feet along the South line of said Lot 9 to the Southeast corner of that parcel of land conveyed
in Book 119 at Page 126,
thence N 14°5049'E 186.03 feat along the Easterly line of said Book 119 at Page 126 to a No 5 rebar in place,
thence S 61°50'02'E 24 43 feet to the Northwest corner of that parcel of land conveyed by Book 191 at Page 186,
thence S 19°49 E 138.63 feet along the Westerly line of said Book 191 at Page 186,
thence SO4°08'W 67 55 feet along the Westerly line of said Book 119 at Page 186 to the Southwest corner of Lol 1,Block
20,East Aspen Additional Townsde;
thence S 17°03'l 1'W 120 50 feet along the Westerly line of said Book 119 at Page 186 to the point of beginning.
4
HN 1Im'''N1 Iq1 1��1nl l�nl,l�l�l 472656
III IIcI11reNs 1 II III IIIIINIIgIII
on. 4 a
fen. 4 of fa'4]P
vrnr m
a at.ea v e ee
Exhibit -LIN`TABLE-
----'
LINEA I 6EARTIG I DISTANCE
711 "snarv. l 869- I
IA1919'119E I 395
L' IC qE Y:'C3' 9 El
/-�I t '75031'Ej
7Th1
�
\
Lon /
; ,
SECOND MENDED PLAT Dr[01 I
NIUN MITI CENTER SUBDIVISION
(PIATBON 111.PACE 3)
nRca N0 2737-07 3-0-051-651
OMER FINN GUNN
530 E.MAN STREET 1302
APEN,CO 81611
I4
(ENCROACHMENT LICENSE 1
l 281 SG`I± ' /. L4
q�. 0006Ac 1- rte r
T4PITONCOUNTY 1.
CO1821HOUSE PLAZA 1 '
BLDG L3 i L , - ,-/
Y
F[
C tYy TS'o, „ 1
{T frl4 g7P",tae -�,l L2 _/�
d``a 1
``a 1 /�Pmnt of y/,
�a``a- II q}LI Beginning
S MolnStre `�l( a�a /'
et \
a
tea`
t
s A
- LEGEND - DovId A.Cooper
9 —qq— Colo Reg PI 829030
A¢ T1P"°' "" h° For,and on A . I
b behalf of SGM
0 30' 60'
R
lot 1, 2nd Amended ;i,
R ���� lot
Cowls,Cenler Sub Encroochmenl bcense 2
ei,-9995.99v Aspen,CO ExEnbll Exhlbe Map 2
Exhibit C
ENCROACHMENT LICENSE 9ESCRIPDION
M encroachment license situated within Lot 1, Second Amended Plot of Lot 1, Pitkin
County Center Subdivision. City of Aspen, County of Pitkin, Stale of Colorado, as
shown on the Plat thereof, recorded in Plat Book 113 at Page 39 of the Pitkin
County records, said easement being more fully described as follows.
Beginning at the Easterly line of said Lot 1, from which the Southeast Corner of said
Lot 1 bears S 14'50'49 W a distance of 18 87 feet,
thence N 75'09'11" W a distance of 3.45 feet,
thence N 14'50'49" E a distance of 81 33 feet to the Easterly Line of said Lot 1,
thence S 75'09'11" E along said Easterly Line, a distance of 3 45 feet to on angle
point at the Easterly line of said Lot 1,
thence S 14'50'49° W along said Easterly line, a distance of 81.33 feet to the point
of beginning, sold encroachment license containing 0 006 acres (281 square feet),
more or less
r
I
1 1
Ig
I
sc
David A.Cooper " e •0
Colo.Reg.P.L.S.land 30on C t 2 �
For,and on °� 29030 f'
behalf of SGM
8
SGMof 1,2nd Amended SM I
Pitkin County Center Sub Encroachment License
Aspen,CO , �, , Exhibit Description s 2
EXHIBIT MAP OF
EXHIBIT D ASPEN POLICE DEPT. BUILDING
CITY AND TOWNSITE OF ASPEN,COUNTY OF PITKIN,STATE OF COLORADO
SHEET 10F 1
PROPERTY LINE
BETWEEN COUNTY BUILDING
AND ASPEN POLICE DEPT BUILDING
016'DISTANCE OF APD PILASTER
WESTERLY EXTENT OF APD PILASTER WITHIN APD PROPERTY
0 04'DISTANCE OF APD PILASTER
WITHIN APD PROPERTY
0 54'DISTANCE OF COUNTY BUILDING
WITHIN COUNTY PROPERTY
EASTERLY EXTENT OF
COUNTY BUILDING
0 06'DISTANCE OF APD PILASTER SCALE 1" = 20'
ENCROACHING ONTO COUNTY PROPERTY
L
WESTERLY EXTENT OF APD PILASTER
NOTES
1) FIELD WORK WAS PERFORMED ON JULY 24,2017
2) FOOTERS WERE BACKFILLED AT THE TIME OF SURVEY
3) DUE TO SITE CONSTRAINTS,ONLY THE EXTENTS OF EACH BUILDING COULD BE LOCATED
NOTICE ACCORDING TO COLORADO LAW YOU MUST
COMMENCE ANY LEGAL ACTION BASED UPON ANY SOPRIS ENGINEERING - LLC
DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER CIVIL CONSULTANTS
YOU FIRST DISCOVER SUCH DEFECT IN NO EVENT MAY
ANY ACTION BASED UPON ANY DEFECT IN THISSURVEY 502 MAIN STREET,SUITE A3
BE COMMENCED MORE THAN TEN YEARS FROM THE CARBONDALE,COLORADO 81623
DATE OF CERTIFICATION SHOWN HEREON (970)704-0311 S0PRISENG@SOPRISENG COM 016238 GM(2/25/20121623802-24-12 dwg