HomeMy WebLinkAboutbocc.ord.004.2018 CONTRACT !IIII!11111111111HOlIll 11tHOJ Ilfi111IllIlIIINIIIIIIIIIII�11111!
RECEPTION# 644725, R: $0.00, D: $0 00
DOC CODE.ORDINANCE
at 46 Pg 1 of 13, 01126(2018 at 10'10'05 AM
Janice K Vos Caudill, Pitkin County. CO
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AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY,COLORADO GRANTING AN ACCESS EASEMENT TO THE OWNERS OF
THE PROPERTY LOCATED AT 8895 UPPER RIVER ROAD, WOODY CREEK,
COLORADO
ORDINANCE NO.0011-2018
RECITALS
I. 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 I 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. The proposed Easement Agreement (the "Agreement") is to grant an access
easement to Anthony and Kathryn Grant across property owned by Pitkin County,upon the terms
and conditions set forth in the Agreement. A copy of the Agreement and its Exhibits are appended
hereto as Exhibit 1;and
5 The BOCC desires to grant the easement and enter into the Agreement for that
purpose; and
6. The terms of the Agreement are set forth,and the Chair(or Chair's designee)shall
he authorized to execute the Agreement in a form similar to that attached hereto as Exhibit I
approved by the Pitkin County Attorney's Office;and
7 The BOCC finds that adoption of this ordinance is necessary for the immediate
preservation of the public health, safety and welfare of the citizens of Pitkin County and therefore
declares this ordinance to be effective immediately upon adoption.
NOW THEREFORE, BE IT ORDAINED that the Board of County Commissioners of
the County of Pitkin, Colorado, hereby adopts this Ordinance Granting An Access Easement to
the Owners of the Property Located at 8895 Upper River Road, Woody Creek, Colorado The
Chair of the Board of County Commissioik s of the County of Pitkrn, Colorado is further
authorized to execute such documents as necessary to consummate this transaction subject to the
recommendation for approval as to form by the County Attorney.
INTRODUCED AND FIRST READ ON THE P""" DAY OF U 11tJAP✓ 20/7AND
SEE FOR SECOND READING AND PUBLIC HEARING ON THE /0"4- DAY OF
C 144/4.1_ 20/uU
NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE
OR ANCE PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE J5 DAY
OF d xLUt_20/1
NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE ORDINANCE POSTED Oil
THE OF IAL PITKIN COUNTY WEBSITE (www.prtkincyuntv.com ) ON THE ,fi•
DAY OWL L./14A r 20/]
el
ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE /Q " DAY OF
(1GUiUuv 20S
PUBLISHED BY TITLE AND WORT SUMMARY, AFTER ADOPTION, IN THE ASPEN
TIMES WEEKLY ON THE /gM-DAY OFflu)k-Vo-r- 20/5.
C
POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN COUNTY
WEBSITE(www nitkincounty can)ON THE Ifrbt,DAY OFt kid/1.1.e r 202N%
r
ATTEST: BOARD OF COUNTY COMMISSIONERS
BY r)I i .. I By. —L `u Nom-- PA
eai�-tte Jones I Patti Clapper,Chair
De! ty County Cle
Date: 01 -((=1701$
APPROVED AS TO FORM: MANAGER APPROVAL
By: It By �_
Richa I f Neiley III Jon Peac ounty ManagJ
Asst. ounty Attorney
2
pII 61
ACCESS EASEMENT AGREEMENT
This ACCESS EASEMENT AGREEMENT ("Easement Agreement") is made and
entered into this j5f day of intzaW 2018, by and between the BOARD OF COUNTY
COMMISSIONERS OF PITKIN COUNTY,COLORADO a body corporate and politic whose address is 123
Emma Road, Suite 106, Basalt, Colorado 81621 ("Grantor") and ANTHONY JAMES GRANT and
KATHRYN JONES GRANT whose address is 8895 Upper River Road,Woody Creek,Colorado 81656
("Grantees").
RECITALS:
WHEREAS, Grantees are the record owners of certain real property being a part of Lots 2
and 7, in Section 21, Township 9 South, Range 85 West of the Sixth Principal Mendian, more
specifically described in Exhibit A("Grantees' Property") and
WHEREAS, Grantor is the record owner of certain property lying to the East of Grantees'
Property legally descnbed in the Warranty Deed recorded in the real property records of the Pitkin
County Clerk and Recorder's Office at Reception No. 518479("Grantor's Property");and
WHEREAS,Grantor desires by this instrument to grant to Grantees, and Grantees desire to
accept, a non-exclusive Access Easement (the "Access Easement") over Grantor's Property for
purposes of allowing Grantees to utilize the portion of Grantees' dnveway where it traverses
Grantor's Property for access to Grantees'property
AGREEMENT
NOW,THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged,and in further consideration ofthe terms,conditions,covenants and
mutual promises set forth herein, Grantor and Grantees agree as follows:
Grant of Access Easement. Grantor hereby grants, transfers and conveys unto
Grantees,their successors and assigns,for their use andbenefit,a non-exclusive easement along the
existing alignment ofthe driveway from Upper River Road to the Grantees'property as constructed
and mplace traversing Grantor's Property and as more fully described in Exhibit B attached hereto
and by this reference incorporated herein.
2. Acceptance of Easement. Grantees hereby accept the Easement in an "as R'
condition, subject to the restrictions herein contained, and subject to all patent or latent defects or
problems of any kind or nature. Such acceptance does not preclude maintenance activities within
the Easement area insofar as such activities maybe allowed or required bythis Easement.
3. Private Use Restrictions. The Easement shall be used for access to Grantees'
property by Grantees, their guests. invitees, contractors, subcontractors, successors and assigns,
and other members of the public for all lawful purposes.
4 Further Modifications of Access Easement To the extent that Pitkin County shall
1
require any modifications to the Access Easement in order to conform with Pitkin County's
applicable road/driveway standards, Grantees shall be solely responsible for performing such
modifications and the costs thereof Further, to the extent that Grantees shall desire to modify or
improve the Access Easement, Grantees shall be solely responsible for performing such
modifications or improvements and for the costs thereof,and shall perform such modifications and
install such improvements only after first obtaining all necessary permits from Pitkin County and
in compliance with all applicable Pitkin County road/driveway standards and all other standards
and requirements of the Pitkin County Land Use Code and zoning regulations.
5 Grantor's Reserved Rights. Grantor reserves all rights of ownership in and to
Grantor's Property which are not inconsistent with this Easement Agreement, including, without
limitation, the right to grant further easements on, over or across Grantor's Property. Grantor
further reserves the right to use Grantor's Property for all uses not materially and adversely
interfering with the Access Easement granted to Grantees hereunder. Nothing herein contained
shall create or be construed to have created any other right, interest,privilege or license in or to
any portion of Grantor's Property, other than as herein expressly set forth
6. Maintenance. Grantees will, at their sole cost and expense, perform any and all
work(including maintenance and repair work)that may be required to make the Access Easement
reasonably available for the uses set forth in Section I,above
7. Grantees' Obligations to Defend and Hold Harmless
a. The parties expressly acknowledge that the Access Easement is granted
for private access purposes only. By granting the Easement, Grantor shall have no obligation to
repair, clear or otherwise maintain the area within the Easement, or to insure or indemnify
Grantees or the public for any injury, claim or damage to any person or property, whether alleged
to have occurred as a result of use of the Easement for the pnvatc access uses intended, or due
to the condition of the road located within the Easement.
b. By accepting the Easement granted herein, Grantees hereby agree to defend
(including reasonable attorneys' fees) and hold harmless Grantor and its successors and assigns
in the record ownership of the underlying real property traversed by the Easement, to the full
extent allowed under Colorado law, from and against any and all claims, demands, causes of
action, damages, losses, liabilities, costs and expenses of any kind or nature (including those
involving death, personal injury or property damage) arising from or incurred in any way in
connection with the use of the Easement by anyone, including members of the general public,
excepting any such claims or losses which may arise directly from the willful and grossly
negligent acts of Grantor, its agents or employees.
8 Notices. Any notice required or permitted under this Agreement shall be in writing
and shall be provided by electronic delivery to the e-mail addresses set forth below and by one of
the following methods 1) hand-delivery or 2) registered or certified mail, postage pre-paid to the
mailing addresses set forth below. Each party by notice sent under this paragraph may change the
address to which future notices should be sent Electronic delivery of notices shall be considered
delivered upon receipt of confirmation of delivery on the part of the sender. Nothing contained
herein shall be construed to preclude personal service of any notice in the manner prescribed for
2
personal service of a summons or other legal process.
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@pilkincounty corn Email: attorney@pitkincounty.com
To Grantees: With copies to.
P.O Box 50235 PECK FEIGENBAUM PC
Austin, TX 78763 600 E Hopkins, Suite 205
Email. ajgkjg@aol corn Aspen,CO 81611
Email. fred@rfvlaw corn
9 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 Grantor's Property and the Grantees'Property,respectively. Notwithstanding anything
to the contrary, this easement may be subject to existing easements of record or accruing under
common law
10. 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.
11 No Waiver of Governmental Immunity. Grantor, its directors, officials, officers,
agents, and employees are relying upon and do not waive or abrogate, or intend to waive or
abrogate by any provision of this Agreement the monetary limitations or any other rights,
immunities,or protections afforded by the Colorado Governmental Immunities Act,C.R.S. §§24-
10-101,et seq, as it maybe amended from time to time.
12. 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.
13. 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.
14. 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
3
to the fullest extent permitted by law
15. 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.
16. 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
17. Counterparts This Agreement maybe 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
18. 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.
19. Recordation. Upon execution by the parties, this Agreement shall be recorded in
the real estate records of Pitkin County, Colorado.
20. Correction Documents In the event any clerical or other errors are found in this
Agreement or any legal descnptions or other exhibits hereto, or in the event any exhibit shall be
missing, the parties agree to promptly execute, acknowledge, initial and/or deliver as necessary
any documentation in order to correct the erroneous document, description, exhibit or to provide
any missing exhibit.
21 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]
4
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the
day and year first above written.
GRANTOR
BOARD OF COUNTY COMMISSIONERS OF
PITKWCOUNTY,COLORADO
By:-atm( ia& 0/-a-nig
, Chairperson
GRANTEES:
Anthony James Grant
Kathryn Jones Grant
STATE OF COLORADO )
ss.
COUNTY OF PITKIN
T> fore/goiwinstmment was acknowledged before me this)/day of �G. A/
2OIQ by` f(a,4--i (�IG-)fr. / as Chairperson of BOARD OF COUNTY U
COMMISSIONERS OF PITICN COUNTY,COLORADO, Grantor.
Witness my hand and official seal.
My commission expires: I
JENOT�PUBLICS S It N %l: IId berg
STATE OF COLORADO Not. � Public
NOTARY ID 90SG4 25..56
ss
COUNTY OF
The foregoing instrument was acknowledged before me this day of
2017 by ANTHONY JAMES GRANT ANDKATRRYN JoNes GRANT, Grantees
Witness my hand and official seal.
My commission expires
Notary Public
S
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the
day and year first above written.
GRANTOR
BOARD OF COUNTY COMMISSIONERS OF
PITKIN COUNTY,COLORADO
By:
,Chairperson
GRANTE -'
. -"
Anthony Imes Ur nt ir�
� y 1� 51--
Kathryn Jo it rant
STATE OF COLORADO }
} ss
COUNTY OF PITKIN }
The foregoing instrument was acknowledged before me this_day oF_ _ _
2417 by_ as Chairperson of BOARD OF COUNTY
COMMISSIONERS OF PITKIN COUNTY,COLORADO, Grantor,
Witness my hand and official seal.
My commission expires:
Notary Public
STATE OF TEXAS )
} ss
COUNTY OF)lams )
The foregoing instrument was acknowledged before me this 644day oiu(cv'a.r,
2015 by ANTHONY JAMES GRANTANDKATHRYN JONES GRANT, Grantees.
Witness my hand and official seal.
My commission expires:
w� AMBER LEERY CCC t
°+ot Lj,,":F NOUryPu 1C,St eta of Tens(
'rt.._ 1{t Notary Publc
4` Comm,Expires 069]-2019
"#.;°iI" Notary 10 130262981
5
EXHIBIT "A"
LEGAL DESCRIPTION
A tract of land being a pad of Lots 2 and 7,in Section 21,Township 9 South,Range 85 West of the Sixth Principal
Meritan,described as follows:
Beginning at a point on the North line of said Section 21,whence the Northeast Corner of said Section 21 bears North
88'50'East 1445.60 feet
thence South 01'51'East 385.00 feet the True Point of Beginning;
thence North 82'23'West 394.88 feet to the Centerkne of the Roaring Fork River;
thence South 05'00'West 108.16 feet along the Centerline of the Roaring Folk River;
thence South 31'00'East 190.00 feet along the Centerline of the Roaring Fork River,
thence South 48'30'East 180.00 feet along the Cen tertme of the Roaring Fork River;
thence South 88'25'East 199.76 feet along the Centerline of the Roanng Fork River,
thence North 01'51'West 415.00 feet to the Point of Beginning.
EASEMENT LOCATION SURVEY
PARTOF THE NEI/4.SECTION 21,TOS.RBSW,6TH P.M.
8895 UPPER RIVER ROAD
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PARCEL DESCRIPTION:
A PARCEL OF IN10 SITUATED IN THE NORTHEAST QUARTER OF SECTION 21,
TOWNSHIP B SOUTH,RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, 1
COUNTY OF PDICN,STATE OF COLORADO.TO WTT,
BEGINNING ATA POINT ON THE EASTERLY BOUNDARY LINE OF THAT PARCEL
DESCRIBED UNDER RECEPTION NUMBER 123822 OF THE RECORDS OF THE SAD
COUNTY,FROM WHENCE THE NORTHEAST CORNER OF THE SAID SECTION 21
BEARS N 64.0824"E A DISTANCE OF 1561.02 FEET;
THENCE.S 4351'40"E,A DISTANCE OF 04,32 FEET.
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THENCE N 57-4017`W,A DISTANCE OF 7168 FEET TO A POINT ON THE EASTERLY
BOUNDARY OF THE AFORESAID PARCEL,FROM WHENCE THE SOUTHEAST
CORNER THEREOF BEARS S 1.5023'E,A DISTANCE OF 04.40 FEET,WTDI AU.
BEARINGS CONTAINED HEREIN RELATIVE THERETO,THENCE,N 1.5023'W,ALONG
THE EASTERLY BOUNDARY THEREOF,A DISTANCE OF 10 34 FEET TO THE POINT OF
I BEGINNING
THE SAID PARCEL CONTAINS 5778 5.(0013 ACRES)MORE OR LESS.
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RECEPTIONS' 644726, R 60.00, D E0 00
DOC CODE EASEMENT
55-1; 0 Pg 1 of 11, 01/26/2018 at 10 10 06 AM
Janice K.Vos Caudill. Pitkin County, CO
ACCESS EASEMENT AGREEMENT
This ACCESS EASEMENT AGREEMENT ("Easement Agreement") is made and
entered into this /Si' day of 2018, by and between the BOARD of COUNTY
COMMISSIONERS OF PITKIN COUNTY,COLI6RADO a body corporate and politic whose address is 123
Emma Road, Suite 106, Basalt, Colorado 81621 ("Grantor') and ANTHONY JAMES GRANT and
KATHRYN JONES GRANT whose address is 8895 Upper River Road, Woody Creek,Colorado 81656
("Grantees")
RECITALS:
WHEREAS, Grantees are the record owners of certain real property being a part of Lots 2
and 7, in Section 21, Township 9 South, Range 85 West of the Sixth Principal Mendian, more
specifically described in Exhibit A("Grantees' Property") and
WHEREAS, Grantor is the record owner of certain property lying to the East of Grantees'
Property legally described in the Warranty Deed recorded in the real property records of the Pitkin
County Clerk and Recorder's Office at Reception No 518479 ("Grantor's Property"); and
WHEREAS, Grantor desires by this instrument to grant to Grantees,and Grantees desire to
accept, a non-exclusive Access Easement (the "Access Easement") over Grantor's Property for
purposes of allowing Grantees to utilize the portion of Grantees' driveway where it traverses
Grantor's Property for access to Grantees'property.
AGREEMENT
NOW,THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged,and in further consideration of the terms,conditions,covenants and
mutual promises set forth herein, Grantor and Grantees agree as follows:
1. Grant of Access Easement. Grantor hereby grants, transfers and conveys unto
Grantees,their successors and assigns,for theiruse and benefit,anon-exclusive easement along the
existing alignment of the driveway from Upper River Road to the Grantees'property as constructed
and in place traversing Grantor's Property and as more fully descnbed in Exhibit B attached hereto
and by this reference incorporated herein.
2. Acceptance of Easement. Grantees hereby accept the Easement in an "as ?
condition, subject to the restrictions herein contained, and subject to all patent or latent defects or
problems of any kind or nature Such acceptance does not preclude maintenance activities within
the Easement area insofar as such activities maybe allowed or required by this Easement.
3. Private Use Restnctions. The Easement shall be used for access to Grantees'
property by Grantees, their guests, invitees, contractors, subcontractors, successors and assigns,
and other members of the public for all lawful purposes
4 Further Modifications of Access Easement. To the extent that Pitkin County shall
1
require any modifications to the Access Easement in order to conform with Pitkin County's
applicable road/driveway standards, Grantees shall be solely responsible for perfomung such
modifications and the costs thereof. Further, to the extent that Grantees shall desire to modify or
improve the Access Easement, Grantees shall be solely responsible for performing such
modifications or improvements and for the costs thereof,and shall perform such modifications and
install such improvements only after first obtaining all necessary permits from Pitkin County and
in compliance with all applicable Pitkin County road/driveway standards and all other standards
and requirements of the Pitkin County Land Use Code and zoning regulations.
5 Grantor's Reserved Rights. Grantor reserves all rights of ownership in and to
Grantor's Property which are not inconsistent with this Easement Agreement, including, without
limitation, the right to grant further easements on, over or across Grantor's Property. Grantor
further reserves the right to use Grantor's Property for all uses not materially and adversely
interfering with the Access Easement granted to Grantees hereunder Nothing herein contained
shall create or be construed to have created any other right, interest, privilege or license in or to
any portion of Grantor's Property,other than as herein expressly set forth
6. Maintenance. Grantees will, at their sole cost and expense, perform any and all
work(including maintenance and repair work)that may be required to make the Access Easement
reasonably available for the uses set forth in Section I, above.
7. Grantees' Obligations to Defend and Hold Harmless.
a The parties expressly acknowledge that the Access Easement is granted
for private access purposes only By granting the Easement, Grantor shall have no obligation to
repair, clear or otherwise maintain the area within the Easement, or to insure or indemnify
Grantees or the public for any injury, claim or damage to any person or property, whether alleged
to have occurred as a result of use of the Easement for the private access uses intended, or due
to the condition of the road located within the Easement.
b. By accepting the Easement granted herein, Grantees hereby agree to defend
(including reasonable attorneys' fees) and hold harmless Grantor and its successors and assigns
in the record ownership of the underlying real property traversed by the Easement, to the full
extent allowed under Colorado law, from and against any and all claims, demands, causes of
action, damages, losses, liabilities, costs and expenses of any kind or nature (including those
involving death, personal injury or property damage) arising from or incurred in any way in
connection with the use of the Easement by anyone, including members of the general public,
excepting any such claims or losses which may arise directly from the willful and grossly
negligent acts of Grantor, its agents or employees
8. Notices. Any notice required or permitted under this Agreement shall be in writing
and shall be provided by electronic delivery to the e-mail addresses set forth below and by one of
the following methods I) hand-delivery or 2) registered or certified mail, postage pre-paid to the
mailing addresses set forth below. Each party by notice sent under this paragraph may change the
address to which future notices should be sent Electronic delivery of notices shall be considered
delivered upon receipt of confirmation of delivery on the part of the sender Nothing contained
herein shall be construed to preclude personal service of any notice in the manner prescribed for
2
personal service of a summons or other legal process.
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@pitkincounty.com Email. attomey@pnkincounty corn
To Grantees. With copies to.
P.O Box 50235 PECK FEIGENBAUM PC
Austin,TX 78763 600 E. Hopkins. Suite 205
Email: ajgkjg@aol.com Aspen, CO 81611
Email: fred@rfvlaw.com
9. 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 miming with the
title to the Grantor's Property and the Grantees' Property,respectively. Notwithstanding anything
to the contrary, this easement may be subject to existing easements of record or accruing under
common law.
10. 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
11 No Waiver of Governmental Immunity 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 nghts,
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
12 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 wntten or oral, are
hereby merged into this Agreement
13. Modification No provision or term of this Agreement maybe 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
14. Severability. If any term or provision of this Agreement shall be held to be invalid
or unenforceable by a court with competent junsdiction or by operation of statute, the remaining
terms and provisions of this Agreement shall continue to exist and shall be valid and enforceable
3
to the fullest extent permitted by law
15 Waiver. Any waiver by either party hereto of any breach of any kind or character
whatsoever by the other party, whether such shall be director 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.
16 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.
17. 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.
18. 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.
19. Recordation. Upon execution by the parties, this Agreement shall be recorded in
the real estate records of Pitkin County, Colorado.
20 Correction Documents In the event any clerical or other errors are found in this
Agreement or any legal descriptions or other exhibits hereto, or in the event any exhibit shall be
missing, the parties agree to promptly execute, acknowledge, initial and/or deliver as necessary
any documentation in order to correct the erroneous document, descnption, exhibit or to provide
any missing exhibit
21. Authonty 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]
4
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the
day and year first above wntten.
GRANTOR
BOARD OF COUN I'Y COMMISSIONERS OF
PITIOC�Nj/COUNTY.COLORADO
B} t asi.,90a
, Chairperson
GRANTEES:
Anthony James Grant
Kathryn Jones Grant
STATE OF COLORADO }
} ss
COUNTY OF PITKIN
GIT
T eloregot nsirument was acknowledged before me thisll day of l,� .( 'ar ,
2019 by K&f/-t ( �{,1 a,v,✓ as Chairperson of BOARD OF COUNTY
COMMISSIONERS OF Pim 'COUNTS,COLORADO, Grantor.
Witness my hand and official seal l �'
My commission expires: i
JEA ARYH JONES
�
- jedzikeL
ROTARY PUBLIC
STATE OF COLOR € Notublic
NOTARY 20 0i40D.J+ ! r
"-r: I --
} ss
COUNTY OF }
The foregoing instrument was acknowledged before me this _day of
2017 by ANTHONY JAMES GRANT AND KATHRYN JONES GRANT, Grantees.
Witness my hand and official seal.
My commission expires.
Notary Public
5
IN WITNESS WHEREOF,the parties have hereunto set their hands and seals as of the
day and year first above written.
GRANTOR
BOARD or COUNTY COMMISSIONERS OF
PITKIN COUNTY,COLORADO
By:
,Chairperson
CRANTF
a:' r
it
Anthony :ones (jri in .w
Kathryn Jo ii 1rt
STATE OF COLORADO } i
) ss.
COUNTY OF PITKIN }
The foregoing instrument was acknowledged before me this_ day of -
2017 by ___ as Chairperson of BOARD OF COUNTY
COMMISSIONERS Or PITKIN COUNTY,COLORADO, Grantor.
Witness my hand and official seal.
My commission expires;
Notary Public
STATE OF'1 EXAS }
} ss.
COUNTY OF .. - }
The foregoing instrument was acknowledged before me this J5+4tlay of yttURCL.c.
2013 by ANTHONY JAMES GRANT AND KATHRYN JONES GRANT, Grantees. .../
Witness my hand and official seal.
My commission expires: (/
1 stIV.°Oj' AMBEA GEE4Y / / __
4. --' '�—lll _
v„Nptarti Puairt.State et Texas '—
s" ,y, Comm.Expires Os-t/1019 Notary Pith Ic
., Jt
N9tary Ir113@26R9@t
5
EXHIBIT "A"
LEGAL DESCRIPTION
A tract of Land being a part of Lots 2 and 7,in Section 21,Township 9 South,Range 85 West of the Szth Principal
Meridian,described as follows.
Beginning at a point on the North We of said Section 21.whence the Northeast Corner of said Section 21 bears North
89'50'East 144560 feel,
there South 01'51'East 385.00 feet the True Point of Beginning,
thence North 82'23'West 394.86 feet to the Centerline of the Roanng Fork River,
thence South 05'00'West 106.16 feet along the Centerline of the Roaring Fork River,
thence Sash 31.W East 19000 feet along The Centerline of the Roaring Fork River,
thence South 48°30'East 180.00 feet along the Centerline of the Roanng Fork River;
Thence South 68'25 East 199 76 feet along the Centerline of the Roaring Fork River,
thence North 01'51'West 41500 feet to the Point of Begmnmg
C-"?CH/a /i .3
EASEMENT LOCATION SURVEY
PART OF THE NEI/4.SECTION 21.T95.R85W.0TH P.M.
8885 UPPER RIVER ROAD
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PROPERTY DESCRIPTION: b+SI
PEACE ID NO 2S4s11O0mT ' D40
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cw..n ASSESSOR mon EMCEE ASCE nn ND
GRAPHIC SCALE
o 20 40 60
m 4411 m)
I INCH.2O Ba tl11NEY FST
PARCEL DESCRIPTION:
A PARCEL CF LAND SITUATED IN THE NORTHEAST QUARTER OF SECTION 21,
TOWNSHIP 0 SOUTH RANGE 05 WEST OF THE SIXTH PRINCIPAL MERIDIAN.
COUNTY OF PITKIN STATE OF COLORADO TO WR.
BEGINNING AT A POINT ON THE EASTERLY BOUNDARY LINE OF THAT PARCEL
OESCRIRED UNDER RECEPTION NUMBER 123822 OF THE RECORDS OF THE SAID
COUNTY.FROM WHENCE THE NORTHEAST CORNER OF THE SAID BECTON 21
BEARS N 64'0W24"E,A DISTANCE OF 158182 FEET.
THENCE.6 48.51'40 E.A DISTANCE OF 8132 FEET.
THENCE.N 57146171 W.A DISTANCE OF 71 BB FEET TO A POINT ON THE EASTERLY
BOUNDARY OF THE AFORESAID PARCEL,FROM WHENCE THE SOUTHEAST
CORNER THEREOF BEARS 81.606'E.A DISTANCE OF 9140 FEET,WITH ALL
BEARINGS CONTAINED HEREIN RELATIVE THERETO THENCE,N 1.5023'W ALONG
THE EASTERLY BOUNDARY THEREOF,A DISTANCE OF 1931 FEET TO THE POINT OF
BEGINNING
THE SAID PARCEL CONTAINS 527Bq II (0 013 ACRES)MORE OR LESS
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