HomeMy WebLinkAboutbocc.ord.045.2018 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY,COLORADO ACCEPTING A RECREATIONAL EASEMENT FROM
VALLEY VIEW AJAX, LLC
ORDINANCE NOQqf-2018 CONTRACT
RECITALS # 30 , 26
AA-476c e. teff )
1. Pursuant to C.R.S. § 30-35-301, the Board of County Commissioners (the
"BOCC') of Home Rule Counties is authorized to make and publish ordinances for carrying into
effect or discharging the powers and duties conferred upon such counties by law and as seems
necessary, and
2. Pursuant to Section 2.8.1 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. Pitkin County and Valley View Ajax, LLC desire to resolve United States District
Court for the Distnct of Colorado, Case No. 20 1 7-cv-2738-LTB through the mutual exchange of
easement; and
5. The BOCC desires to accept from Valley View Ajax,LLC a Recreational Easement
in substantially the form of the Recreational Easement Agreement (the "Agreement") appended
hereto as Exhibit I; and
6. 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 of the Board of County
Commissioners of Pitkin County,Colorado Accepting a Recreational Easement from Valley View
Ajax, LLC. The Chair of the Board of County Commissioners of the County of Pitkin, Colorado
is further authonzed to execute such documents as necessary to consummate this transaction
subject to the recommendation for approval as to form by the County Attorney.
I111111110111111IIIIIIII IIIIIIIIIII1111111 III 1111111111111111111111111111
RECEPTION#: 651471, R: $0.00, D: $0 00
DOC CODE: ORDINANCE
Pg 1 of 11, 10/25/2018 at 03:17:29 PM
Janice K.Vos Caudill, Pitkin County, CO
1
80
INTRODUCED AND FIRST READ ON THE /C " DAY OF r'. /v`t' / 20!J AND
S� FOR SECOND READING AND PUBLIC HEARING ON THE ! DAY OF
R i-t�rer 20L45
NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMAR, OF THE
O AA��11C�E PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE //tfc- DAY
OFF / 6fr`nI 20L4'
NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE ORDNANCE POSTED ON
THE OFF5AL PITKIN COUNTY WEBSITE (www.pitkincounty corn ) ON THE ((
DAY OF L-[v 20/4'
A P ED AFTER FINAL READING AND PUBLIC HEARING ON THE) / DAY OF
fi-ctac v 20 .
PUBLISHED BY TITLE AND ,SHORT SUtv]igARY, AFTER ADOPTION, IN THE ASPEN
TIMES WEEKLY ON THE /'4(` DAY OF J II ov 4.“. 20 .
POSTED BY TITLE AND SHORT SUMMARY ON TH OFFICIAL PITKIN COUNTY
WEBSITE (www pitkincounty.com) ON THE95 -DAY OF xie, 20 .
ATTE T. BOARD OF COUNTY COMMISSIONERS
i
By:' ) , . L Iib By:
Jean9 e Jones Patt�apper, Chair
Depu County Clerk
Date: l0 /2444) 3'
APPROV- ' AS TO FORM: MA - ' APPROVAL
BY: .__ V /// 'BY t r:/.xetZ
Rtchac7J. reiey III o •=+coc Aunty Manager
Asst. nty Attorney
2
81
.);
RECREATIONAL EASEMENT AGREEMENT
[ITIS RECREATIONAL f,WEMINT \GRI'ESIENT ("Agreement') is made and
entered into thi, -,,1Z •_ day of Lt.-I- l?fr' 2018 title "Effective Date') b) and between
VALLF Y VII R' AJAX, I d.0("Grantor"or"VVA")a Colorado limited liability company w hose
princip:e office street address is 119 Nea:e Avenue. Aspen.Colorado 8161 I and the BOARD OF
COON I Y COMMISSIONERS OF PITKIN COUNTY, COLORADO ("Grantee'" or "Pitkin
C musty.). a body corporate and pout.: yvhose address is 530 East Main St., Suite 302. Aspen,
Colorado 81611 Grantor and Grantee are sometimes referred to collectiy cl) herein as the
-' ranges..
RECITALS
WHEW-AS. Grantee r the miner of certain real property eoastituttng the entire:' of the
No 7 1 ode. I„SAES 5819, located in the Roaring. Lurk Mining District (the 'County Property"(.
w/itch Count) Proper is is described in the "I reasurers Deed recorded in the real pt eperty records
of the Pitkin Count) Clerk and Recorder's Office at Reception No, 96570: and
N LIT RLAS, Grantee is the owner of certain real property constituting the entirety of die
lot est Queen Lode, C.S NI S. 5780,b•ith located in the Roaring Fork Mining,District Nle 'Counts
rperiy'"I. Which County Property is described in the Treasurers Deed recorded in is real
property records of the Pitkin Count) Clerk and Recorders Oft ice at Reception No. 96132_ and
WI II RLAS, Grantor is the owner of certain teal property constituting a portion of the Iron
Sine: facer ;the `\'\'.A Propeity"). ss h::h \'VA Property is dcs.rihed in the Special l\airtmty
Deed recorded in the real property records of the Pitkin County Clerk and Recorders Office dt
Reception Nis 638:10: and
\k !(ERE AS. the County Property k adjacent to the Aspen Niountain Ski Area and t^e
\spen Mountain Summer Road and Grantee desires to tut ease public recreational eon ities in the
a;ea. and
WI IERFAS, Pitkin CT:unt and Valley \'ten Ajax, LLC. desire to resole tried Siaie-
Distrr.t Court ibi the District of Colorado, lase Nu. ,2017-cs-2738-L1 II through the mutual
escha i c of easement. and
\\FIEREAS. by the execution of this Agreement. Grantor desires It, comes to C;runee.
and Grantee desires Iu accept, a non-exel uske access easement across the V\'A Property fir the
purposes and on the terms and conditions herein pro,.ided.
AGREEMENT
NOW. I HEREFORE. for good and valuable consideration, the receipt and sufficiency of
w h'.h are hereby acknow ledsed, and in further consideral ion of terms.cendit:,n.. :<acnanis
mutual promises contained herein, the parties hereto ago cc as follows.
I. Grant of Recreational Easement. Grantor does hereby grant;rid cons ey to Grantee.
and its \uccesssrs and assigns foreyet. and Graa:ee hereby accepts a perpetua', n.sn-e'ciu>;se
recreational easement (the --Recreational Easement") as descnhed on Exhibit A over. upon. and
across. in and through the VVA Property. Exhibit A is appended hereto and is hereby incorporated
and made a part of this Agreement. the purpose of the Recreational Easement is for ski ingress
and egress of Grantee and members of the public over and across the VVA Property along the
existing alignment of I.oushin's Road consistent Orth this Agreement.
2 Use of Recreational Easement h\ Grantee. Public use of the Recreational Easement
shall he for ingress and egress oNer and across the VVA Property for the purpose of thing
Loushm's Road as it crosses the VVA Property for ski access to and from property o 'ned by the
Inited States l\ing generally to the south of the VVA Property. Grantee's use of the Recreational
I asement shall be further subject to the fill logy mg terms and conditions'
A Public use of the easement shall he restricted to use by the public only )hen
Aspen Mountain is open for skiing and only during daylight hours. unless
in cases of emergency
B. Pitkin County hill add this trail to its list of insured properties and name
VVA as additional insured.
3 Use of Recreational Easement LIN Grantor. Grantor shall retain the right to use and
enjoy the Recreational Easement including the right to relocate Loush in's Road it necessary lot
all uses and purposes consistent yy ith its oy'nership of the V VA Property, so long as such uses do
not interfere yy ith the Grantee's right to r easonahle use of the Recreational Easement lin the
purposes set forth herein
4. Repairs Caused by Negligence In the event that any repairs to the Re.reationul
Easement, or improvements, landscaping, or utilities located thereon arc caused solely by the
negligence of one party hereto or the party's contractors, agents, licensees. employees. or guests.
then such repair shall he undertaken by such party at its sole cost and expense within a reasonable
time after the negligence n hah caused the need for the repair
No Interference or Obstruct ion. Neither Grantor nor Grantee shall obstruct. impede
or interfere in the reasonable use of the Recreational Easement Area for the purposes described
herein Ny nhoul First providing notice to the other party as set forth helm)
6 Notices Any notice required or permitted under this Agreement shall he in writing
and shall he hand-delivered or sent by registered or certified regular mail, postage pre-paid to the
addresses of the parties as folio»s Each party by notice sent under this paragraph may change the
address to y\hich future notices should he sent. Electronic delivery of notices shall also he deemed
sufficient and considered delivered upon receipt of confirmation of debay on the part of the
sender
To Grantor Pitkin County' With copies to
County Manager Pitkin Counts Attorney's 011ie
530 East Main Si.. Suite 302 530 East Main St.. Suite 301
Aspen, Colorado 8161 I Aspen. Colorado 8161 I
Email')on peaLock a pnkincounly coin Email. attorney upitkinLounty coin
To Grantor VVA With copies to.
119 Neale Ave. David McConaughy
Aspen. CO 81611 Garfield K Hecht. P C.
Smith.bridgenugmad corn 675 E. H)man Aye.. Suite 201
Aspen. CO 81611
dmceonaughy ¢garfieldhecht cont
7. Liability to Others. Grantee shall he responsible For any and all claims. demands
actions, losses, liabilities. or eypenses of w hatcycr sort, including attorney fees. that are mem red
by any person or entity arising out of or in connection W.ith Grantee's use or occupation of the
Recreational Easement. or the use or occupation of the Recreational Easement by its agents.
employees. contractors. lessees. invitees or licensees,provided, hots ever,that nothing herein shall
he construed to abrogate or diminish any protections and limitations afforded to Grantee ht the
Colorado Governmental Immunity,Net. 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 he held jointly and set emllt
liable under any statute decision. or other law pros iding lot such joint and several liability liar
their respect[e acts sties on the Recreational Easement. the obligations of each to respond in
damages shall he apportioned. as between Grantor and Grantee, in proportion to the contributions
of each
It is the intent of the parties that VVA shall he afforded all protections and liability
limitations as set forth in C R S. § 33-41-101. et seq w ith respect to the easement granted hcrehy
TVA shall not be entitled to charge any fee or other form of 'charge"to the general public Ili use
of the easement as such term is defined in C R S § 33-41-107. [he County shall he responsible
for management of the public's use of the easement including but not hinted to determining
opening and closure of the trails. signage. and all other purposes as contemplated by C R S p 33-
41-103 The County net delegate all or a portion its management responsibilities to another
governmental entity or nonprofit group in the County's discretion [he County shall ham e the right
to authorize, limit, or prohibit use of the easement by members of the public as in'ited guests''as
that term is defined in C R.S. $ 33-41-103(7110B
8 Binding Effect. Covenants Running with the Land This Agreement shall he
binding upon and inure to the benefit of the parties hereto and their respective successors and
assigns fore[er and the benefits and burdens hereof shall constitute co'enants running with the
title to the County Property and the City, Property. respectit eh. Notwithstanding anything to the
contrary, this easement may be subject to esisti ng easements of record or accruing under common
ave
9 Attorney Fees In the event legal remedies must he pursued to resob e any dispute
or conflict regarding the terms o fth is Agreement or the rights and obligations of the parties hei eto
the substantially prey ailing part) shall he entitled to reco er costs incurred in pursuing such
remedies. including expert witness fees and reasonable attorney fees
10 No Wait er of Governmental Immunity Grantee, its directors. officials, officers.
agents, and employees are relying upon and do not waite or abrogate. or intend to wane 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 §p 24-
111-101, et wq . as it may he amended from time to time
II, No Assignment Without Written Consent Grantee shall not.w ithout first obtaining
the prior written consent of Grantor. sell, assign, transfer. encumber. hypothecate, or sublease am
or all of the rights, interests, or obligations under this Agreement
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 pial ale
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 patties hereto or the parties' successors and/or assigns
14. Severabil it. If any term or pros ision of this Agreement shall he held to be invalid
or unenforceable by a Court with competent jurisdiction or by operation of statute the remaining
terms and pros isions of this Agreement shall continue to exist and shall he sal id and enforceable
to the fullest extent permitted hs lass
I S \Caner Any waiver by either party hereto of any breach of any Lind or character
hatsoes Cr by the other part', whether such shall he direct ur implied, shall not he construed as a
continuing waiver of or consent to any subsequent breach of this Agreement on the part of the
other parts
16 Default Either party shall has c the right to enforce the obligations of perk rmanc
of the other party as contained herein through litigation seeking an award of damages of nj unetn e
relief
17 Counterparts This Agreement may he executed in counter-parts and. as executed
Shull 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 he go'erned and construed in
accordance with the laws of the State of Colorado. Venue for all actions arising under this
greement shall he Pitkin Count. Colorado.
19 Recordation Upon execution by the parties this Agreement shall be refolded in
the real estate reLords ofPitk in Count). Colorado
2U Author it to Sin I he parties acknowledge and represent to each other that all
pi ofedures necessm v to N al idly contract and execute this Agreement hen e been per firmed and that
the persons signing for each part) has e been duly authorized to do so
[Signature Pagers) Follow]
4
IN WITNESS WI IEREOF, the parties hereto have hereunto set their hands and seals as
of the day and year first above written.
BO\RD OF CODN'TI COMMISSIONERS OF PITKIN COUNT
Patti Clapper, Chair
APPROVED.'0 FFORM
By.
v. 1� t Allg/'�
Richan7Srei Ty III, Assistant County Attorney
S 1 ATI' OF COLORADO
J ss
('OLLN l Y OI• PI KIN
The foregoing was acknowledged (sworn) before me this `jy (''c day of G!ai/
2018 by Patti Clapper as Chair of the Board of County Commissioners of Pitkin Count)
Witness my hand and official seal
111} commission expires `( ' )v- 2L Zl_
JEANETTE,:ONS�l1 Notary Public --
i NOTARY
i
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals as
of the dad and year first above written.
Valley V)." Ajax. LC, a Colorado limited liability company
STATE OF COLORADO I
Iss.
COUNTY OF PITKIN
-�1 S ibscribed and sworn to before e this V2 day of O( V b CX 28/i h)
LJrj� ikf t _as 1770/ ((CO/ of Valley View Ajax. LLC, Colorado. a
Coloradif limited liability company
Witness my hand and official seal
Ni) commission expires. . / /'7 2022 _
KATHERINE JEAN MARIE STEWART ta ) Eu Ie
NOTARY PUBLIC --�
STATE OF COLORADO
NOTARY ID N20184016135
MY Commission Eagrea April 12,2022
n
I
TRUEELNORTH
COADO
A LAND SURVEYING AND MAPPING COMPANY
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CONTRACT IIIII((11 ill IIIA :5 .00, 5000RECEPTIONk.651472. R: $0.00,0: $0 00
DOC CODE- EASEMENT
r� Pg 1 of 9, 10/25/2018 at 03:17 30 PM
tF
A Fj(L-J 0 r Janice K.Vos Caudill, Prtkrn County.CO
./ V f RECREATIONAL EASEMENT AGItEENIEN1
CHIS RECREATIONAL. E��/�c.f;',MlI•7NT AGRPLMENI ("Agreement") is made and
,cf
entered into this 3. _ _ day of L/C-f-0/74Y 201S (the 'Effective Dar"} R. ,and between
VALLEY VIEW AI AK. II C ("Grantor"or"VVA") a Colorado limited liability company whose
principle office street address is 1 19 Neale Alenue, Aspen. Colorado 81611 and the BOARD OF
COUNTY COMMISSIONERS OF PITKIN COUNTY. COLORADO ("Grantee" or "Pitkin
County''), a body corporate and politic whose address is 530 Fast Mata S' . Suite 302. Aspen.
Colorado 81611. (irantor and Grantee are sometimes referred to collectively her cin as the
-Parties.-
RECITALS
11/4 HER EAS. Grantee is the onwner of:ertiin real property constituting the entirety of the
No. 7 Lode, ll.S M S. 5819. located in the Roaring Fork Mining District (the "Count) Property"),
which County Property is described in the 1 reasurers Deed recorded in the real property records
of the Pitkin County Clerk and Recorder's Office at Reception No. 06570: and
WHEREAS, Grantee is the owner of certain real property constituting the entirety of the
Forest Queen lode, U.S.M.S.5780,both located in the Roaring Fork Mining District(the"County
Property-I, which County Property is described in the Treasurer's Deed recorded in the real
property records of the Pitkin County Clerk and Recorder's Office at Reception No 96732. and
WI IF RFA S. Grantor is the owner of certain real property constituting a portion of the Iron
Silver Placer (the "VVA Property"), which VVA Property is described in the Special Warrant)
Deed recorded in the real propert) records of the Pitkin County Clerk and Recorder's Office at
Reception No.648310; and
WHEREAS. the County Property is adjacent to the Aspen Mountain Ski .1rea and the
Aspen Mountain Summer Road and Grantee desires to increase public recreational activities in the
arca; and
WHLREAS, Pitkin County and Valley View Ajax. LLC desire to resolve finned States
District Court for the District of Colorado, Case No. 2017-es-2748-LIB through the mutual
e\change of easement,and
A'![EREAS, bs the execution of this Agreement. Grantor desires to convey to Grantee.
and Grantee desires to accept, a non-exclusive access casement across the VVA Property tiff the
purposes and on the terms and conditions herein provided.
AGREEMENT
NOW, fHIFREFOR E. for good and valuable consideration. the receipt and sufficiency of
w
filch are hereby acknowledged.and in further consideration of terms. conditions.covenants and
mutual promises contained herein, the parties hereto agree as follows'
I. Grant of Recreational Easement. Grantor does hereby grant and convey to Grantee.
and its successors and assigns forever, and Grantee hereby accepts a perpetual. non-exclusive
recreational easement (the "Recreational Eaaement) as described on Exhibit A oyer. upon. and
across, in and through the VVA Property. Exhibit A is appended hereto and is hereby incorporated
and made a part of this Agreement. The purpose of the Recreational Easement is for ski ingress
and egress of Grantee and members of the public over and across the VVA Property Chang the
existing alignment of Loushin's Road consistent w ith this Agreement
2. Use of Recreational Easement by Grantee. Public use of the Recreational Easement
shall he for ingress and egress over and across the VV,A Property for the purpose of using
Loushin's Road as it crosses the VVA Property for ski access to and from properly owned by the
United States lying generally to the south of the VV 1 Property. Grantee's use of the Recreational
Easement shall be further subject to the following terms and conditions:
A. Public use of the easement shall be restricted to use by the public on!) w hen
Aspen Mountain is open for skiing and only during daylight hours, unless
in cases of emergency.
13. Pitkin County will add this trail to its list of insured properties and name
VVA as additional insured.
3 Use of Recreational Easement by Grantor. Grantor shall retain the right to use and
enjoy the Rey reational Easement including the right to relocate Loushm's Raad if necessary, for
all uses and purposes consistent with its ownership of the VVA Property, so long as such uses do
not interfere with the Grantee's right to reasonable use of the Recreational Easement for the
purposes set firth herein
4. Repairs Caused by Negligence In the event that any repairs to the Recreational
Easement, or improvements, landscaping. 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.
No Interference or or Obstruction. Neither Grantor nor Grantee shall obstruct.nmpedc
or interfere in the reasonable use of the Recreational Easement Area for the purposes described
herein w ithout first pros iding notice to the other party as set forth below.
b. Notices. Any notice required or permitted under this Agreement shall he 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 he deemed
sufficient and considered delivered upon receipt of confirmation of delivery on the part of the
sender.
I'o Grantor Pitkin County With copies to:
County Manager Pitkin County .Attorney's Office
530 East Main St., Suite 302 510 East Main St.. Suite 301
Aspen, Colorado 8161 I Aspen,Colorado 8161 !
Email: ion peacockd pitkincountv,eom Emailn¢torneea pith incount.cin
1 o Grantor VVA. With copies to:
114 Neale Ave. David McConaughy
Aspen,CO 81611 Garfield &Hecht. PA',
Smith.hridgen&iigmail.com 625 E Hyman ANC . Suhe 201
Aspen, CO 81611
dmcconaughy ii gars ieldhecht coin
7. Liability to Others. Grantee shall be responsible for any and all claims, demands.
actions, losses, liabilities. or expenses of whatever sort, including attorney fees, that ate incurred
by any person or entity arising out of or in connection w ith Grantee's use or occupation of the
Recreational 1 asement, or the use or occupation of the Recreational 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 Grantee by the
Colorado Governmental Immunity Act,C.R.S. §§ 24-10.101 cr 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 he 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 Recreational Easement. the obligations of each to respond in
damages shall be apportioned, as between Grantor and Grantee, in proportion to the contributions
of each.
It is the intent of the parties that VVA shall be at-limited all protections and liability
limitations as set forth in C.R.S. § 33-41-101,etaeq. with respect to the easement granted hereby.
VVA shall not be entitled to charge any fee or other form of to the general public for use
°lithe easement as such term is defined in C.R.S. § 33-31-102. The County shall 'ce responsible
Gw management of the public's use of the easement including but not limited to determining
opening and closure of the trails. signage.and all other purposes as contemplated by C.R.S. § 33-
41-103. The County may delegate all or a portion its management responsibilities to another
governmental entity or nonprofit group in the County's discretion. The Count shall have the right
to authorize, limit,or prohibit use of the easement by members of the public as "invited guests"as
that term is defined in C.R.S. § 33-41-103(2ile)B1).
8- Binding F1Fe,�t 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.
9. 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 he entitled to recover costs incurred in pursuing sudh
remedies, including expert witness fees and reasonable attorney fees,
10. No Waiver of Governmental Immunity. Grantee, its directors, officials, officers,
agents, and employees are relying upon and do not waive or abrogate, or intend to u ante 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. §2_4-
10-101, el seq., as it may he amended from time to time.
3
11 No Assignment Without Written Consent. Grantee shall not,without first obtaining
the prior written consent of Grantor, sell, assign,transfer, encumber, hypothecate.or sublease am
or all of the rights. interests. or obligations under this Agreement.
12. Entire Agreement. Phis Agreement constitutes the entire agreement and
understanding between the parties relating to the subject matter hereof All prczedug
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 he 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
15. \ aiver. Any waiver by either party hereto of any breach of any kind or character
whatsoever by the other party, whether such shall he direct or implied, shall not he construed as a
contmuing waiver of or consent to any subsequent breach of this Agreement nn the part of the
other party.
16. Default Either part) 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 counterparts and.a>executed.
shall constitute one agreement. binding on all of the panics hereto notwithstanding that all said
parties are not signatory to the original or same counterpart.
IS. Governing Law and Venue. Chis 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 he Pitkin Count).Colorado.
19. Recordangn. Upon execution by the parties, this Agreement shall be recorded in
the real estate records of Pitkin County, Colorado.
20. 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 person,signing for eavh part, have been duly authorized to do so.
[Signature Page{s} fol:owj
4
IN WITNESS WHEREOF. the parties hereto have hereunto set their hands and seals as
ufthe day and year first above written.
BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTS
I
j.
By: 1 ( .tr_
Patti Clapper, Chair
APPROVED' S FORM:
1�l_ ._
Riehar 7Y� I i ) Ill. Assistant County Attorney
STATE OF COLORADO
I ss
COUN FY OF PCIK(N
The foregoing was acknowledged (sworn)before me this g(I day of �at/MY _
2018 by Patti Clapper as Chair of the Board of County Commissioners of Pitkin County.
Witness my hand and official seal
My commission expires: _j ",29- 2--G'!J/ �
-241
Mail
JEANE I It JONES Not Public
NOTARY FUF3LVr'
STATE OF GOr.'.^.?
NO7A9tw 1rS.'n
5
IN WPI NESS WHEREOF, the parties hereto have hereunto set their hands and seals as
of the day and year first above written.
Valley' V'.- Ajax, LC, a Colorado limited liability company
EY: _ Iii .��i .—
STA FL' OF COLORADO )
)ss.
COENI V OF Pit KIN 1
�2 S bscribed and sworn to before n]�e this Di day of Mar 9l/ 0 by
_L) f/J7/ as my awn- _of Valley View Ajax. LLC, Colorado.a
Colors limited liability. company.
Witness me hand and official seal.
My commission expires. Art/ f1 2422
---/
KATHERINE JEAN MARIE STEWART N to 6v ,
NOTARY
is
NOTARY PUBLIC t(x✓`
STATE OF COLORADO
NOTARY ID#20184018135
My Commission Evros Apni 12,2022
n
1
TRUEELNORTH
COADO
A LAND SURVIVING AND MAPPING COMPANY
A
ACCENS EASE ME NI ACROSS PROPER IA'OWNED RY VVA
BIARIi(,S CONTAINED HEREIN ARL BASED O\ A BEARING OF 527 45'511"E BE I WLEN CORNER NO
6 AND C ORNER NO 5 OF I'HIE IRON Sit VER PI ACER M N SURVEY N(1 5933 BEING 3-14"
11:'MINI A1C APS 1510598.
A 250-FOOT-WIDE S IRIP OF 1.A ND CROSSING A PI)RTiI)N OF I IIE IRON SILVER PLACER M S
St IR V E1 NO S53, LYING IN SECTIUNs 30& 31, 1 O1CNStIIP 10 SOL Ill. RANGE 81 15 ENT OF I HE
N IXTH PRINCIPAL MERIDIAN.COUNT Y OF PITRIN, S IA FE OF COLORADO; SAID S I RIF'or LAND
BE NG :2 5 FL I TON EACH SIDE OF I HE 1-01 LOWING DESCRIBED(EN I FRI P I ;
COMMS NC'.NG Al C ORNFR NEE OE SAID IRON SILVER PLACER M.S.SURVEY NO 5933„A FOUND
3-114”Al I11s1INIRI CAP STAMPED COR 615963 LS 19598;1 HENCE Sob 16'I6"F A DIS FANCE OF 1432 35
1 MIT 110 A POINT IN THE CENTERLINE OF I.DI ISIIIN ROAD,TI IE POIN T 01'BEGINNING. HIFNCE
AI ONG rim CENTERLINE OF SAID LOUSHIN ROAD THE FOLIOS'INC I W \TY-FOL R C4)
CI)FIRM'S
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1331"01'06"4 A DISI ANI').OF 178 IÔILLI
243 ?2 FFLT ALONG CID ARC OF A CURVE TO I HE RIGHT HAVING A RADIUS OF 18182 FELT AND
A('ENI RAI ANGLE.OF 11145'40" AND A CHORD 1 HAT BEARS, 525110 i n'F A DIS R1N'(T OF 37 20
FEET
31S19'1726'B ADIS FAN( F OF 21122 FLET
4 1 101 I I FEE I AI ONG THE AR('OF A CURVE 10 CHE RIGHT HAVING A RADIUS OE 511 901 LET
AND A CEN]RAE ANGI F t IF I1 14)11" AND A CH(/RD 111A1 BEARS.MD 39155"F A DISTANCE OF
100 95 FEE I'
5 }S07`h8"41: A DLSIAN('E OF 124.33 FEET
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AND A ('IN I RAL ANGI F OF 43'.1.24" AND A CHORD THAT BEARS S1354'18"W A DIS IAN(T (IF
ID 791 EFT
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IN Bennett Al tnue
Glenwood Springs.Colorado N1601
970.945.1104 Telephone
wan.,truenotthcoinrddo.wm
8 ) 149.88 FEET ALONG THE ARC OF A CURVE TO I HE LEF I HAVING A RADIUS OF 130.90 FLL.1 AND
A CENT RAI ANGLE OF 65°36'0(8" AND A CHORD THAI BEARS S02' 58'56"W A DISTANCE OF 111 82
FEL I
9.)529-49'09"E A DISI ANCE OF 192.52 FEE I
10 )201 76 FEE'l ALONG THE ARC OF A CURVE 10 I I IL RIGHT HAVING A RADIUS OF 633 02 I FET
AND A CFN I RAI ANGLE OF 18"15'44" AND A CHORD I HA I BEARS 520/41'17"E A DISI ANCE OF
20091 FEE I'
III SI I"3325"E A DISTANCE OF 190A5 FLL.I
12 ) 116.94 FEE 1'Al ONG THE ARC OF A CURVE 10 II IL RIGHT HAVING A RADIUS OF 193 9(1 FEFT
ANDA CENTRAL ANGLE OF 34'33'24" ANDA CHORD IIIAI BEARS S05'43'16'W A DISI ANCE OF
11518 FEET
13 1 S23"00'00"W A DISTANCE OF 16 31 FEET
14 1125 40 FILE I ALONG THE ARC OF A CURVE R)TI IL I EFT I LAVING A RADIUS OF 85 76 FEFT AND
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15 1 560/4622"F A DIS(ANCE OF 14 77 FEE I
16 136 87 LEFT ALONG THE ARC OF CURVE TO THE RIGA IT HAVING A RADIUS OF 9549 FEET AND A
CENTRAL ANGLE 01 2222°07'32" AND A CHORD I HAI BEARS S49°42/36"E A DISTANC L 01 36 64 FEET
17 1538`38'50"E A DISTANCE OF 38 55 FEET
18 1 S31`39'35"E A DISI ANCE OF 51 48 FEE I
19 1536 3432•'L A DISTANCE OF 99 57 FLl I
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21 167 46 FEET ALONG DIE ARC OF A CURVE TO I HL LEVI HAVING A RADIUS OF 50 89 FCC F ANI)
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FEEI
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2_I )71 18 FEET ALONG TILE ARC OF A CURVE 1U'I I IE RIGIL l HAVING A RADIUS UI 44 43 FEE F AND
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EBL,I
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01 SAID IRON SILVER PLACER NI S SURVEY NO 5933 BEARS N70/38/51"E A DISIANCL OF 854 lb
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COLORADO REGISTRATION NO 38215 i 50 •1ec 3r I a i
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