HomeMy WebLinkAboutbocc.ord.016.2023Contract No. 176-2023
Attached
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY, COLORADO ACCEPTING ROAD DEDICATION FROM THE ASPEN
SKIING COMPANY
ORDINANCE NO. 016- 2023
RECITALS
1. Pursuant to C.R.S. § 30-35-301, the Board of County Commissioners of Pitkin
County, Colorado (the "BOCC"), a Home Rule County, 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.
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 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.
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. By BOCC Resolution No. 080-2021, the BOCC granted certain land use approvals
(the "Land Use Approval") as applied for by the Aspen Skiing Company for the expansion of the
Aspen Mountain Ski Area into terrain on the East Side of Aspen Mountain generally known as
Pandora' s.
5. BOCC Resolution No. 080-2021 includes as Condition of Approval No. 4 a
requirement that, prior to issuance of building permits for the Pandora's expansion, the Aspen
Skiing Company dedicate to the BOCC a sixty (60) foot wide right-of-way or fee interest of all
newly created roadways or roadway improvements outside the existing County right-of-way for
Aspen Mountain Summer Road, Midnight Mine Road, and Richmond Hill Road (the "Road
Dedication").
6. The terms ofthe Road Dedication Agreement are set forth, and the Chair (or Chair's
designee) shall be authorized to execute each in a form substantially similar to those attached
hereto as Exhibit 1, upon adoption by the BOCC and with approval to form by the Pitkin County
Attorney's Office.
7. By its express terms, the Road Dedication dedicates to the BOCC, on behalf of the
public, a public road right-of-way for public highway use in the location depicted on Exhibit B to
the Road Dedication. The Road Dedication and the portions of Aspen Mountain Summer Road,
Midnight Mine Road, and Richmond Hill Road described therein shall be incorporated into the
County Road System and fall under the jurisdiction and authority of the BOCC.
8. The BOCC desires to accept the Road Dedication from the Aspen Skiing Company
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DOC CODE: ORDINANCE
Pg 1 of 13, 06/22/2023 at 09:09:35 AM
Ingrid K. Grueter, Pitkin County, CO
1
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and the Aspen Skiing Company desires to grant a Road Dedication to the BOCC in order to satisfy
the condition of approval set forth in BOCC Resolution No. 080-2021.
9. Pursuant to C.R.S. § 43-2-113, the BOCC hereby abandons those portions of Aspen
Mountain Summer Road, Midnight Mine Road, and Richmond Hill Road described and depicted
on Exhibit B to the Road Dedication as "Abandonment Area of Former Road Alignment." Such
abandonment is expressly premised and conditioned on the perpetual duration of the Road
Dedication and the Winter Road Easement accepted contemporaneously with this Ordinance.
10. 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 Road Dedication from
the Aspen Skiing Company upon the terms set forth in Exhibit 1 appended hereto. The Chair of
the Board of County Commissioners of the County of Pitkin, Colorado, or his or her designee, 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.
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INTRODUCED AND FIRST READ ON THE 10TH DAY OF MAY, 2023 AND SET FOR
SECOND READING AND PUBLIC HEARING ON THE 24TH DAY OF MAY 2023.
NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE
ORDINANCE PUBLISHED IN THE ASPEN DAILY NEWS ON THE 11TH DAY OF MAY,
2023.
NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE ORDINANCE POSTED
ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.pitkincounty.com ) ON THE 11TH
DAY OF MAY 2023.
ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE 24TH DAY OF
MAY 2023.
POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN COUNTY
WEBSITE (www.pitkincounty.com ) ON THE 25TH DAY OF MAY, 2023.
PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN
DAILY NEWS ON THE 1ST DAY OF JUNE, 2023.
ATTEST: BOARD OF COUNTY COMMISSIONERS
By: sitAtitt By: 1rrM&Cit, Joao r
Julia Ely Francie Jacober, Chair
Deputy County Clerk
Date: Jun-02-2023
APPROVED AS TO FORM: MANAGER APPROVAL
By: /9‘861—t
Richard Y. Neiley III
Asst. County Attorney
By: Pt441S Maio,
Phylis Mattice for Jon Peacock, County Manager
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PUBLIC HIGHWAY DEDICATION AGREEMENT
THIS PUBLIC HIGHWAY DEDICATION AGREEMENT (the
"Agreement") is made this j day of r\Co2023, by and between
ASPEN SKIING COMPANY, LLC, a Colorad6 limited liability company ("Grantor"),
and the BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO, a Colorado home rule county ("Grantee" or the "BOCC"). The Grantor
and Grantee may at times herein be referred to collectively as the "Parties."
RECITALS:
A. Grantor is the owner and operator of the Aspen Mountain Ski Area, as the
same is shown and described in the 2018 Aspen Mountain Ski Area Amended and
Restated SKI-REC Master Plan (the "Aspen Mountain Ski Area Master Plan") approved
in accordance with BOCC Resolution No. 070-2019 ("BOCC Resolution 070-2019").
B. Grantor owns the real property (the "ASC Property") described and
depicted on Exhibit "A" attached hereto. Portions of the ASC Property are located within
the operational boundaries of the Aspen Mountain Ski Area and portions of the ASC
Property are located outside of the operational boundaries of the Aspen Mountain Ski
Area.
C. The parties agree and acknowledge that Aspen Mountain Summer Road,
Midnight Mine Road, and Richmond Hill Road are public highways under the statutory
authority and jurisdiction of the BOCC. The parties, by this Agreement, do not intend to
change or otherwise alter the status of the roads identified herein as public highways.
D. In accordance with BOCC Resolution No. 080-2021 ("BOCC Resolution
No. 080-2021") approving an amendment to the Aspen Mountain Ski Area Master Plan,
the BOCC approved the realignment of the intersection of the Aspen Mountain Summer
Road, Midnight Mine Road, and Richmond Hill Road to accommodate the Aspen
Mountain Ski Area expansion into the area commonly known as Pandora's. The re-
aligned Aspen Mountain Summer Road, Midnight Mine Road, and Richmond Hill Road
intersection shall hereinafter be referred to as the "Summer Road/Midnight
Mine/Richmond Hill Road Intersection."
E. The traveled surfaces of the roads within the Summer Road/Midnight
Mine/Richmond Hill Road Intersection are partially within the operational boundaries of
the Aspen Mountain Ski Area; and, pursuant to the BOCC's sole authority over the roads,
the BOCC designated portions of those roads as Low Service Area (for Aspen Mountain
Summer Road) and Limited Service Area (for Midnight Mine Road and Richmond Hill
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Road) roads, as those terms are described in the Pitkin County Road Maintenance and
Management Plan.
F. In accordance with Condition of Approval No. 4 of BOCC Resolution No.
080-2021, Grantor is obligated to dedicate and grant a right-of-way or fee interest for the
Summer Road/Midnight Mine/Richmond Hill Road Intersection as those roads are
realigned.
AGREEMENT
NOW, THEREFORE, for and in consideration of ten dollars ($10.00) and other
good and valuable consideration, including the approval of BOCC Resolution No. 080-
2021, the receipt and sufficiency of which is hereby acknowledged, the parties hereby
agree as follows:
1. Public Highway Dedication.
a) Grantor hereby dedicates and grants to Grantee for public highway
uses a right-of-way for a public highway for Aspen Mountain Summer Road,
Midnight Mine Road, and Richmond Hill Road, sixty (60) feet wide in the area
depicted and described on the location map (the "Location Map") attached hereto
as Exhibit "B" (hereinafter the "Road Dedication").
b) The Road Dedication shall be for all lawful, public highway uses
and purposes as determined by the BOCC and subject to its jurisdiction and
management authority. The Road Dedication shall constitute a burden on the title
to Grantor's property that runs with the land for the stated lawful, public highway
uses. The Road Dedication is irrevocable and permanent and the roads described
shall become part of the County Road System.
2. Terms and Conditions related to Realignment of Richmond Hill Road.,
Aspen Mountain Summer Road, and Midnight Mine Road and Road
Dedication.
a) In accordance with the final design criteria for the roadway
improvements set forth in Condition of Approval No. 5 of BOCC Resolution No.
080-2021, the cost of the initial road relocation/construction and grading shall be
borne by Grantor. Grantor shall be responsible for installing at Grantor's expense
all road infrastructure, fencing, culverts, and drainage controls as well as road and
informational signage. Any side slopes, revegetation, landscaping and irrigation
systems shall be installed by Grantor at Grantor's sole cost and expense. Grantor
shall construct and realign the roads in accord with the Pitkin County Road
Maintenance and Management Plan standards and the BOCC, through the County
Engineer, shall accept the condition of the roads upon completion. Thereafter, the
BOCC shall have the sole authority over the roads including maintenance and
management authority.
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b) Grantor, in Grantor's capacity as owner and operator of the Aspen
Mountain Ski Area, and in accordance with the Aspen Mountain Ski Area Master
Plan, is allowed to use the roads and manage snow levels and conduct ski area
related operations on those portions of the roads within the Aspen Mountain Ski
Area Master Plan area. Snow level management includes making snow, storing
snow, moving snow and plowing or removing snow to accommodate ski area
operations, construction, and maintenance activities all subject to the Aspen
Mountain Ski Area Master Plan and the BOCC's management authority to limit
public use of the roads during periods of time when the roads are being actively
used for ski area operations.
c) Public use of Aspen Mountain Summer Road, Midnight Mine
Road, and Richmond Hill Road is managed through the Pitkin County Road
Maintenance and Management Plan and the Aspen Mountain Ski Area Master
Plan, as the same may be amended from time by the BOCC. To accommodate
winter access to Aspen Mountain Summer Road, Midnight Mine Road, and the
Richmond Hill Road during periods of ski area operation, and as contemplated by
BOCC Resolution No. 080-2021, the Parties have further agreed to enter into a
Winter Road Easement Agreement (the "Winter Road Easement") dated on even
date herewith, recorded in the Pitkin County Clerk & Recorder's records as
Reception No. 69 5 (0 1.1.
d) During periods when the Grantor is engaging in ski area operations
as approved by the then -in -effect Aspen Mountain Ski Area Master Plan, Grantor
shall install and maintain ski area boundary signage, fencing, access gates and
other barriers to control access to and from the Aspen Mountain Ski Area during
periods of road closures as determined by the BOCC, the Pitkin County Road
Maintenance and Management Plan and the Aspen Mountain Ski Area Master
Plan, directing road users to the alternative over -the -snow road route described in
the Winter Road Easement. The specifications, maintenance and use of the
signage, fencing, access gates and other barriers shall comply with the Colorado
Skier Safety Act, as amended.
f) Grantor reserves the right to use the subsurface property
underlying the Road Dedication so long as such use does not unreasonably
interfere with the public's use and enjoyment of the property for public highway
purposes only after applying for and obtaining a permit from the BOCC for any
such future work in the road right-of-way, which permit shall not be unreasonably
withheld. It is acknowledged and agreed that existing or future underground
utilities serving the ASC Property can and will exist under the property dedicated
for public highway use. Grantor expressly retains and reserves all right, title and
interest in any existing or future underground utility lines and facilities, as well as
the right, power and authority to convey ownership of such facilities to utility
providers, and to grant non-exclusive easements to utility providers for the
installation, maintenance, and replacement of such facilities.
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g) The parties expressly acknowledge that the Road Dedication is
granted for use by the public. As such, the Road Dedication is granted for a
"recreational purpose" and the parties intend that Grantor shall be entitled to the
benefits, protection and limitations on liability established by applicable Colorado
law governing recreational private use of private property, including, but not
limited to, Colorado Revised Statutes § 33-41-101, et seq., as amended.
h) The Parties understand and agree that Grantee is relying on and
does not waive or intend to waive by any provision of this Agreement, the
monetary limitations or any other rights, immunities, and protections provided by
the Colorado Governmental Immunity Act, Colorado Revised Statutes §24-10-
101 et seq., as amended, or any other limitation or defense otherwise available to
Grantee, its officials, or its employees.
3. Grantee's Acceptance of Road Easement Grant; Abandonment of Former
Road Alignment. Grantee hereby accepts the Road Dedication for the portions of Aspen
Mountain Summer Road, Midnight Mine Road, and Richmond Hill Road right-of-ways
as set forth herein. By Grantee's acceptance of the Road Dedication, those portions of the
former alignment of such roads located outside of the Road Dedication (collectively, the
"Former Road Alignment") are no longer necessary for the Pitkin County road system;
therefore, in accordance with Colorado Revised Statue Section 43-2-113, the Former
Road Alignment, as described herein and depicted on Exhibit "B" as "Abandonment
Area of Former Road Alignment" is hereby fully abandoned and extinguished, with all
right, title and interest in the Former Road Alignment reverting to Grantor. Such
abandonment is expressly premised and conditioned on the perpetual duration of the
Road Dedication and the Winter Road Easement accepted contemporaneously with this
Ordinance.
4. Counterparts. This Agreement may be executed in counterparts, all of
which when taken together shall be deemed to be as effective as if all parties had
executed this one original document.
5. Specific Enforcement; Remedies for Noncompliance. This Agreement
shall be specifically enforceable by either party in an action at law or equity. In the event
of the failure of any of the parties to perform their respective obligations hereunder, a
non -defaulting party shall have the right to perform the same with a right of
reimbursement.
6. Covenants Running with the Land. The terms and conditions of this
Agreement shall be deemed covenants running with the land and shall constitute both a
burden and a benefit thereto.
7. Governing Law and Venue. This Agreement has been negotiated and
formed in the State of Colorado and shall be governed by the laws thereof. Venue for any
action arising under this Agreement shall be in the District Court, Pitkin County,
Colorado.
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8. Notices. Any notices given pursuant to the terms of this Agreement shall
be given by mailing the same, certified mail, return receipt requested, properly addressed
and with postage fully prepaid, to the addresses provided below or to subsequent assigns,
as applicable, as long as prior written notice of the change of address has been given to
the other parties listed below. Notices shall be sent to the parties hereto at the following
address unless otherwise notified in writing:
If to Grantor:
with copy to:
If to Grantee:
with copy to:
Aspen Skiing Company LLC.
Attention: Rana Dershowitz, Chief Operating
Officer Mountain Division and Chief Legal Officer
117 Aspen Airport Business Center
Aspen, Colorado 81611
Holland & Hart LLP
Attention: Thomas J. Todd and Kevin P. Giles
600 East Main Street, Suite 104
Aspen, Colorado 81611
Pitkin County
Attention: County Manager
530 East Main Street
Aspen, Colorado 81611
Pitkin County Attorney
Attention: John Ely, Esq. and Richard Neiley, Esq.
530 East Main Street
Aspen, Colorado 81611
attorney@pitkincounty. corn
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the day and year above first written.
GRANTOR:
ASPEN SKIING COMPANY LLC, a Colorado limited liability company
Bv:
Rana Dershowitz, Chie per mg Officer - Mountain Division
and Chief Legal Officer
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STATE OF eo le rnd o
COUNTY OF P
)ss
The foregoing Easement Agreement was acknowledged before me this day of
Xtt q , 2023 by Rana Dershowitz, Chief Operating Officer - Mountain
Division and Chief Legal Officer of Aspen Skiing Company LLC, a Colorado limited
liability company.
Witness my hand and official seal.
My commission expires: 09 ) 30 / 2-6
POGLIANO
Notary Public
State of Colorado
Notary ID # 19944014188
My Commission Expires 09-30-2026
GRANTEE:
PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS,
a Colorado ho - le County
By:
Attest:
irman
STATE OF COLORADO )
)ss
COUNTY OF PITKIN )
The foregoing Easement Agreement was acknowledged before e this 2 0}hday of
O 30e_ ,2023by %rQ ?c)SG1c gas hairmanofthe
Board of County Commissioners Iicran
by as
for and on behalf of Pitkin County, Colorado.
Witness my hand and official seal.
My commission expires: i 2.-'JO -
JULIA ELY
NOTARY PUBLIC
STATE OF COLOOJO
NOTARY ID 20204 91
MY COMMISSION EXPIRES ,1r30, 2024
Notary Public
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EXHIBIT "A" TO PUBLIC ROAD EASEMENT
AGREEMENT
PROPERTY DESCRIPTION FOR ASC PROPERTY
Two parcels of land located in Pitkin County, Colorado, described as follows:
PARCEL A
PROPERTY DESCRIPTION
PARCEL A
A TRACT OF LAND SITUATE IN SEC 30 AND SEC 31, T.10S., R.84W., 6TH P.M.,
PITKIN COUNTY, COLORADO; SAID TRACT OF LAND ALSO BEING PITKIN
COUNTY PARCEL NO. 273730301001, ASSESSOR ACCOUNT NO. 022032,
COMPRISING THE FOLLOWING MINERAL SURVEYS: M.S. 5933, M.S. 6889
AND M.S. 6755, ACCORDING TO THE ORIGINAL GLO MINERAL SURVEY
PLATS AND NOTES THEREOF; SAID TRACT OF LAND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
PARCEL A, AS SHOWN ON EXHIBITS A AND B ATTACHED TO THAT ORDER
AND DECREE OF PARTITION IN THE DISTRICT COURT OF PITKIN COUNTY,
COLORADO UNDER CASE NO. 2013CV000067, RECORDED DECEMBER 26, 2014
AS RECEPTION NO. 616327;
SAID TRACT OF LAND CONTAINING 1,169,718 SQ.FT. OR 26.853 ACRES, MORE
OR LESS.
PITKIN COUNTY
COLORADO
and
PARCEL B
PROPERTY DESCRIPTION
PARCEL B
A TRACT OF LAND SITUATE IN SEC 25, T.10S., R.85W., AND SEC 30, T.10S.,
R.84W., 6TH P.M., PITKIN COUNTY, COLORADO; SAID TRACT OF LAND ALSO
BEING PITKIN COUNTY PARCEL NO. 273730300002, ASSESSOR ACCOUNT NO.
016089, COMPRISED OF THE FOLLOWING MINERAL SURVEYS: M.S. 5934,
M.S. 6301 AND M.S. 6383, ACCORDING TO THE ORIGINAL GLO MINERAL
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SURVEY PLATS AND NOTES THEREOF; SAID TRACT OF LAND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT CORNER NO. 1 OF M.S. 5963 (IRON SILVER PLACER),
WHENCE CORNER NO. 6 OF M.S. 5963 (IRON SILVER PLACER) BEARS N
42°07'07" E A DISTANCE OF 2043.69 FEET (WITH ALL BEARINGS HEREIN
RELATIVE TO A BEARING OF S 32°39'28" W ALONG THE 3-2 LINE OF M.S. 5933
(JACK ADAM LODE), PER THE ORDER AND DECREE OF PARTITION
RECORDED DECEMBER 26, 2014 AS RECEPTION NO. 616327); SAID POINT
ALSO BEING A POINT ON THE 19-20 LINE OF SAID M.S. 5934 (QUARTSITE
LODE); THENCE S.12°48'12"E. ALONG SAID 19-20 LINE A DISTANCE OF 44.68
FEET TO CORNER NO. 20 OF SAID M.S. 5934 (QUARTSITE LODE); THENCE
LEAVING SAID 19-20 LINE S.77°06'34"W. ALONG THE 20-21 LINE OF SAID M.S.
5934 (QUARTSITE LODE) A DISTANCE OF 243.93 FEET TO CORNER NO. 21 OF
SAID M.S. 5934 (QUARTSITE LODE); THENCE LEAVING SAID 20-21 LINE
N.12°53'32"W. ALONG THE 21-18 LINE OF SAID M.S. 5934 (QUARTSITE LODE)
A DISTANCE OF 171.00 FEET TO THE INTERSECTION OF SAID 21-18 LINE AND
THE 16-5 LINE OF SAID M.S. 5934 (LIME, LITTLE ROBERT, TORNADO AND
TORNADO NO. 2 LODES); THENCE LEAVING SAID 21-18 LINE S.32°39'28"W.
ALONG SAID 16-5 LINE OF SAID M.S. 5934 A DISTANCE OF 1311.20 FEET TO
CORNER NO. 5 OF SAID M.S. 5934 (TORNADO NO. 2 LODE); THENCE
LEAVING SAID 16-5 LINE S.77°41'36"W. ALONG THE 5-4 LINE OF SAID M.S.
5934 (TORNADO NO. 2 LODE) A DISTANCE OF 150.00 FEET TO CORNER NO. 4
OF SAID M.S. 5934 (TORNADO NO. 2 LODE); THENCE LEAVING SAID 5-4 LINE
N.12°18'24"W. ALONG THE 4-3 LINE OF SAID M.S. 5934 (TORNADO NO. 2
LODE) A DISTANCE OF 633.19 FEET TO THE INTERSECTION OF SAID 4-3 LINE
AND THE 24-23 LINE OF SAID M.S. 6301 (BOB ROBERTS LODE); THENCE
LEAVING SAID 4-3 LINE S.02°40'24"E. ALONG SAID 24-23 LINE A DISTANCE
OF 456.83 FEET TO THE INTERSECTION OF SAID 24-23 LINE AND THE 8-7
LINE OF M.S. 6008 (AMERICAN FLAG LODE); THENCE LEAVING SAID 24-23
LINE N.54°20'24"W. ALONG SAID 8-7 LINE A DISTANCE OF 36.83 FEET TO
CORNER NO. 7 OF SAID M.S. 6008 (AMERICAN FLAG LODE); THENCE
LEAVING SAID 8-7 LINE S.35°16'36"W. ALONG THE 7-6 LINE OF SAID M.S. 6008
(AMERICAN FLAG LODE) A DISTANCE OF 93.94 FEET TO THE INTERSECTION
OF SAID 7-6 LINE AND THE 23-14 LINE OF SAID M.S. 6301 (BOB ROBERTS,
BUCKEYE AND JOE DANDY LODES); THENCE LEAVING SAID 7-6 LINE OF
SAID M.S. 6008 (AMERICAN FLAG LODE) S.88°24'33"W. ALONG SAID 23-14
LINE A DISTANCE OF 683.01 FEET TO CORNER NO. 14 OF SAID M.S. 6301 (JOE
DANDY LODE); THENCE LEAVING SAID 23-14 LINE N.02°48'24"W. ALONG
THE 14-13 LINE OF SAID M.S. 6301 (JOE DANDY LODE) A DISTANCE OF
1161.28 FEET TO THE INTERSECTION OF SAID 14-13 LINE AND THE 12-11
LINE OF SAID M.S. 6301 (WILLARD L. LODE); THENCE LEAVING SAID 14-13
LINE S.69°51'36"W. ALONG SAID 12-11 LINE A DISTANCE OF 123.92 FEET TO
CORNER NO. 11 OF SAID WILLARD L. LODE; THENCE LEAVING SAID 12-11
LINE N.22°52'24"W. ALONG THE 11-2 LINE OF SAID M.S. 6301 (WILLARD L.,
TOM HENDRIX AND GEORGIANA LODES) A DISTANCE OF 791.28 FEET TO
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CORNER NO. 2 OF SAID M.S. 6301 (GEORGIANA LODE); THENCE LEAVING
SAID 11-2 LINE N.69°51'36"E. ALONG THE 2-1 LINE OF SAID M.S. 6301
(GEORIANA LODE) A DISTANCE OF 1405.30 FEET TO CORNER NO. 1 OF SAID
M.S. 6301 (GEORGIANA LODE); THENCE LEAVING SAID 2-1 LINE S.22°52'24"E.
ALONG THE 1-8 LINE OF SAID M.S. 6301 A DISTANCE OF 313.55 FEET TO THE
INTERSECTION OF SAID 1-8 LINE AND THE 3-2 LINE OF SAID M.S. 6368
(CHARMION LODE); THENCE LEAVING SAID 1-8 LINE N.32°39'36"E. ALONG
SAID 3-2 LINE OF SAID CHARMION LODE A DISTANCE OF 156.52 FEET TO
CORNER NO. 2 OF SAID M.S. 6368 (CHARMION LODE); THENCE LEAVING
SAID 3-2 LINE S.26°20'24"E. ALONG THE 2-1 LINE OF SAID M.S. 6368
(CHARMION LODE) A DISTANCE OF 300.00 FEET TO CORNER NO. 1 OF SAID
M.S. 6368 (CHARMION LODE); THENCE LEAVING SAID 2-1 LINE N.32°39'36"E.
ALONG THE 11-10 LINE OF SAID M.S. 5934 (LITTLE ROBERT LODE) A
DISTANCE OF 150.67 FEET TO CORNER NO. 10 OF SAID M.S. 5934 (LITTLE
ROBERT LODE); THENCE LEAVING SAID 11-10 LINE S.12°53'24"E. ALONG THE
10-14 LINE OF SAID M.S. 5934 (LITTLE ROBERT AND LIME LODES) A
DISTANCE OF 132.80 FEET TO CORNER NO. 14 OF SAID M.S. 5934 (LIME
LODE); THENCE LEAVING SAID 10-14 LINE N.32°39'36"E. ALONG THE 14-15
LINE OF SAID M.S. 5934 (LIME LODE) A DISTANCE OF 341.80 FEET TO
CORNER NO. 15 OF SAID M.S. 5934 (LIME LODE); THENCE LEAVING SAID 14-
15 LINE N.12°53'24"W. ALONG THE 15-18 LINE OF SAID M.S. 5934 (LIME AND
QUARTSITE LODES) A DISTANCE OF 81.40 FEET TO CORNER NO. 18 OF SAID
M.S. 5934 (QUARTSITE LODE); THENCE LEAVING SAID 15-18 LINE
N.77°06'36"E. ALONG THE 18-19 LINE OF SAID M.S. 5934 (QUARTSITE LODE) A
DISTANCE OF 246.09 FEET TO CORNER NO. 19 OF SAID M.S. 5934 (QUARTSITE
LODE); THENCE LEAVING SAID 18-19 LINE S.12°48'12"E. ALONG THE 19-20
LINE OF SAID M.S. 5934 (QUARTSITE LODE) A DISTANCE OF 1378.79 FEET TO
THE POINT OF BEGINNING;
EXCEPTING THEREFROM A TRACT OF LAND BOUNDED BY THE 11-12 LINE
OF M.S. 6301 (WILLARD L. LODE), THE 4-3 LINE OF M.S. 6383 (CHARMION
LODE) AND THE 17-24 LINE OF M.S. 6301 (BUCKEYE AND BOB ROBERTS
LODES), ACCORDING TO THE AMENDED 1889 PLAT OF M.S. 6301.
SAID TRACT OF LAND CONTAINING 3,830,896 SQUARE FEET OR 87.945
ACRES, MORE OR LESS.
COUNTY OF PITKIN
STATE OF COLORADO
21437521_v4
Contract No. 176-2023
IIIIIIIIIIdIMlIINIIIIIIIIIIINIYIIII
RECEPTION#: 695614, R: 60.00, D: $0 00
DOC CODE: AGREEMENT
Pg 1 of 10, 06/22/2023 at 09:09:36 AM
Ingrid K. Grueter, Pitkin County, CO
PUBLIC HIGHWAY DEDICATION AGREEMENT
THIS PUBLIC HIGHWAY DEDICATION AGREEMENT (the
"Agreement") is made this] day of M2023, by and between
ASPEN SKIING COMPANY, LLC, a Colorac(6 limited liability company ("Grantor"),
and the BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO, a Colorado home rule county ("Grantee" or the "BOCC"). The Grantor
and Grantee may at times herein be referred to collectively as the "Parties."
RECITALS:
A. Grantor is the owner and operator of the Aspen Mountain Ski Area, as the
same is shown and described in the 2018 Aspen Mountain Ski Area Amended and
Restated SKI-REC Master Plan (the "Aspen Mountain Ski Area Master Plan") approved
in accordance with BOCC Resolution No. 070-2019 ("BOCC Resolution 070-2019").
B. Grantor owns the real property (the "ASC Property") described and
depicted on Exhibit "A" attached hereto. Portions of the ASC Property are located within
the operational boundaries of the Aspen Mountain Ski Area and portions of the ASC
Property are located outside of the operational boundaries of the Aspen Mountain Ski
Area.
C. The parties agree and acknowledge that Aspen Mountain Summer Road,
Midnight Mine Road, and Richmond Hill Road are public highways under the statutory
authority and jurisdiction of the BOCC. The parties, by this Agreement, do not intend to
change or otherwise alter the status of the roads identified herein as public highways.
D. In accordance with BOCC Resolution No. 080-2021 ("BOCC Resolution
No. 080-2021") approving an amendment to the Aspen Mountain Ski Area Master Plan,
the BOCC approved the realignment of the intersection of the Aspen Mountain Summer
Road, Midnight Mine Road, and Richmond Hill Road to accommodate the Aspen
Mountain Ski Area expansion into the area commonly known as Pandora's. The re-
aligned Aspen Mountain Summer Road, Midnight Mine Road, and Richmond Hill Road
intersection shall hereinafter be referred to as the "Summer Road/Midnight
Mine/Richmond Hill Road Intersection."
E. The traveled surfaces of the roads within the Summer Road/Midnight
Mine/Richmond Hill Road Intersection are partially within the operational boundaries of
the Aspen Mountain Ski Area; and, pursuant to the BOCC's sole authority over the roads,
the BOCC designated portions of those roads as Low Service Area (for Aspen Mountain
Summer Road) and Limited Service Area (for Midnight Mine Road and Richmond Hill
1
RECEPTION#: 695614, 06/22/2023 at 09:09:36 AM, Pgs 2 of 10, Ingrid K. Grueter, Pitkin County, CO
Road) roads, as those terms are described in the Pitkin County Road Maintenance and
Management Plan.
F. In accordance with Condition of Approval No. 4 of BOCC Resolution No.
080-2021, Grantor is obligated to dedicate and grant a right-of-way or fee interest for the
Summer Road/Midnight Mine/Richmond Hill Road Intersection as those roads are
realigned.
AGREEMENT
NOW, THEREFORE, for and in consideration of ten dollars ($10.00) and other
good and valuable consideration, including the approval of BOCC Resolution No. 080-
2021, the receipt and sufficiency of which is hereby acknowledged, the parties hereby
agree as follows:
1. Public Highway Dedication.
a) Grantor hereby dedicates and grants to Grantee for public highway
uses a right-of-way for a public highway for Aspen Mountain Summer Road,
Midnight Mine Road, and Richmond Hill Road, sixty (60) feet wide in the area
depicted and described on the location map (the "Location Map") attached hereto
as Exhibit "B" (hereinafter the "Road Dedication").
b) The Road Dedication shall be for all lawful, public highway uses
and purposes as determined by the BOCC and subject to its jurisdiction and
management authority. The Road Dedication shall constitute a burden on the title
to Grantor's property that runs with the land for the stated lawful, public highway
uses. The Road Dedication is irrevocable and permanent and the roads described
shall become part of the County Road System.
2. Terms and Conditions related to Realignment of Richmond Hill Road,
Aspen Mountain Summer Road, and Midnight Mine Road and Road
Dedication.
a) In accordance with the final design criteria for the roadway
improvements set forth in Condition of Approval No. 5 of BOCC Resolution No.
080-2021, the cost of the initial road relocation/construction and grading shall be
borne by Grantor. Grantor shall be responsible for installing at Grantor's expense
all road infrastructure, fencing, culverts, and drainage controls as well as road and
informational signage. Any side slopes, revegetation, landscaping and irrigation
systems shall be installed by Grantor at Grantor's sole cost and expense. Grantor
shall construct and realign the roads in accord with the Pitkin County Road
Maintenance and Management Plan standards and the BOCC, through the County
Engineer, shall accept the condition of the roads upon completion. Thereafter, the
BOCC shall have the sole authority over the roads including maintenance and
management authority.
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b) Grantor, in Grantor's capacity as owner and operator of the Aspen
Mountain Ski Area, and in accordance with the Aspen Mountain Ski Area Master
Plan, is allowed to use the roads and manage snow levels and conduct ski area
related operations on those portions of the roads within the Aspen Mountain Ski
Area Master Plan area. Snow level management includes making snow, storing
snow, moving snow and plowing or removing snow to accommodate ski area
operations, construction, and maintenance activities all subject to the Aspen
Mountain Ski Area Master Plan and the BOCC's management authority to limit
public use of the roads during periods of time when the roads are being actively
used for ski area operations.
c) Public use of Aspen Mountain Summer Road, Midnight Mine
Road, and Richmond Hill Road is managed through the Pitkin County Road
Maintenance and Management Plan and the Aspen Mountain Ski Area Master
Plan, as the same may be amended from time by the BOCC. To accommodate
winter access to Aspen Mountain Summer Road, Midnight Mine Road, and the
Richmond Hill Road during periods of ski area operation, and as contemplated by
BOCC Resolution No. 080-2021, the Parties have further agreed to enter into a
Winter Road Easement Agreement (the "Winter Road Easement") dated on even
date herewith, recorded in the Pitkin County Clerk & Recorder's records as
Reception No. 69 5 (0 1 1_
d) During periods when the Grantor is engaging in ski area operations
as approved by the then -in -effect Aspen Mountain Ski Area Master Plan, Grantor
shall install and maintain ski area boundary signage, fencing, access gates and
other barriers to control access to and from the Aspen Mountain Ski Area during
periods of road closures as determined by the BOCC, the Pitkin County Road
Maintenance and Management Plan and the Aspen Mountain Ski Area Master
Plan, directing road users to the alternative over -the -snow road route described in
the Winter Road Easement. The specifications, maintenance and use of the
signage, fencing, access gates and other barriers shall comply with the Colorado
Skier Safety Act, as amended.
f) Grantor reserves the right to use the subsurface property
underlying the Road Dedication so long as such use does not unreasonably
interfere with the public's use and enjoyment of the property for public highway
purposes only after applying for and obtaining a permit from the BOCC for any
such future work in the road right-of-way, which permit shall not be unreasonably
withheld. It is acknowledged and agreed that existing or future underground
utilities serving the ASC Property can and will exist under the property dedicated
for public highway use. Grantor expressly retains and reserves all right, title and
interest in any existing or future underground utility lines and facilities, as well as
the right, power and authority to convey ownership of such facilities to utility
providers, and to grant non-exclusive easements to utility providers for the
installation, maintenance, and replacement of such facilities.
RECEPTION#: 695614, 06/22/2023 at 09:09:36 AM, Pgs 4 of 10, Ingrid K. Grueter, Pitkin County, CO
g) The parties expressly acknowledge that the Road Dedication is
granted for use by the public. As such, the Road Dedication is granted for a
"recreational purpose" and the parties intend that Grantor shall be entitled to the
benefits, protection and limitations on liability established by applicable Colorado
law governing recreational private use of private property, including, but not
limited to, Colorado Revised Statutes § 33-41-101, et seq., as amended.
h) The Parties understand and agree that Grantee is relying on and
does not waive or intend to waive by any provision of this Agreement, the
monetary limitations or any other rights, immunities, and protections provided by
the Colorado Governmental Immunity Act, Colorado Revised Statutes §24-10-
101 et seq., as amended, or any other limitation or defense otherwise available to
Grantee, its officials, or its employees.
3. Grantee's Acceptance of Road Easement Grant; Abandonment of Former
Road Alignment. Grantee hereby accepts the Road Dedication for the portions of Aspen
Mountain Summer Road, Midnight Mine Road, and Richmond Hill Road right-of-ways
as set forth herein. By Grantee's acceptance of the Road Dedication, those portions of the
former alignment of such roads located outside of the Road Dedication (collectively, the
"Former Road Alignment") are no longer necessary for the Pitkin County road system;
therefore, in accordance with Colorado Revised Statue Section 43-2-113, the Former
Road Alignment, as described herein and depicted on Exhibit "B" as "Abandonment
Area of Former Road Alignment" is hereby fully abandoned and extinguished, with all
right, title and interest in the Former Road Alignment reverting to Grantor. Such
abandonment is expressly premised and conditioned on the perpetual duration of the
Road Dedication and the Winter Road Easement accepted contemporaneously with this
Ordinance.
4. Counterparts. This Agreement may be executed in counterparts, all of
which when taken together shall be deemed to be as effective as if all parties had
executed this one original document.
5. Specific Enforcement; Remedies for Noncompliance. This Agreement
shall be specifically enforceable by either party in an action at law or equity. In the event
of the failure of any of the parties to perform their respective obligations hereunder, a
non -defaulting party shall have the right to perform the same with a right of
reimbursement.
6. Covenants Running with the Land. The terms and conditions of this
Agreement shall be deemed covenants running with the land and shall constitute both a
burden and a benefit thereto.
7. Governing Law and Venue. This Agreement has been negotiated and
formed in the State of Colorado and shall be governed by the laws thereof. Venue for any
action arising under this Agreement shall be in the District Court, Pitkin County,
Colorado.
RECEPTION#: 695614, 06/22/2023 at 09:09:36 AM, Pgs 5 of 10, Ingrid K. Grueter, Pitkin County, CO
8. Notices. Any notices given pursuant to the terms of this Agreement shall
be given by mailing the same, certified mail, return receipt requested, properly addressed
and with postage fully prepaid, to the addresses provided below or to subsequent assigns,
as applicable, as long as prior written notice of the change of address has been given to
the other parties listed below. Notices shall be sent to the parties hereto at the following
address unless otherwise notified in writing:
If to Grantor:
with copy to:
If to Grantee:
with copy to:
Aspen Skiing Company LLC.
Attention: Rana Dershowitz, Chief Operating
Officer Mountain Division and Chief Legal Officer
117 Aspen Airport Business Center
Aspen, Colorado 81611
Holland & Hart LLP
Attention: Thomas J. Todd and Kevin P. Giles
600 East Main Street, Suite 104
Aspen, Colorado 81611
Pitkin County
Attention: County Manager
530 East Main Street
Aspen, Colorado 81611
Pitkin County Attorney
Attention: John Ely, Esq. and Richard Neiley, Esq.
530 East Main Street
Aspen, Colorado 81611
attomey@pitkincounty.com
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the day and year above first written.
GRANTOR:
ASPEN SKIING COMPANY LLC, a Colorado limited liability company
Rana Dershowitz, Chie pera mg Officer - Mountain Division
and Chief Legal Officer
RECEPTION#: 695614, 06/22/2023 at 09:09:36 AM, Pgs 6 of 10, Ingrid K. Grueter, Pitkin County, CO
STATE OF eo to rt4 v
COUNTY OF Pi -Heir)
)ss
The foregoing Easement Agreement was acknowledged before me this30 day of
�1G , 2023 by Rana Dershowitz, Chief Operating Officer - Mountain
Division and Chief Legal Officer of Aspen Skiing Company LLC, a Colorado limited
liability company.
Witness my hand and official seal.
My commission expires: 09 ) 30 / 2 2
GINA POGLIANO
Notary Public
State of Colorado
Notary ID # 19944014188
My Commission Expires 09-30-2026
GRANTEE:
PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS,
a Colorado ho - le County
By:
Attest:
irman
STATE OF COLORADO )
)ss
COUNTY OF PITKIN )
The foregoing Easement Agreement was acknowledged before e this 2.04*day of
JO Jo , 2023 by 1 C ?O$C rrt .� i gas hairman of the
Board of County Commissioners anby a3
for and on bchalf of Pitkin County, Colorado.
Witness my hand and official seal.
My commission expires: I Z-3p - ZO�Lt
JULIA ELY
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20204104291
MY COMMISSION EXPIRES laisralw 30, 2024
Notary Public
RECEPTION#: 695614, 06/22/2023 at 09:09:36 AM, Pgs 7 of 10, Ingrid K. Grueter, Pitkin County, CO
This page left blank intentionally
RECEPTION#: 695614, 06/22/2023 at 09:09:36 AM, Pgs 8 of 10, Ingrid K. Grueter, Pitkin County, CO
EXHIBIT "A" TO PUBLIC ROAD EASEMENT
AGREEMENT
PROPERTY DESCRIPTION FOR ASC PROPERTY
Two parcels of land located in Pitkin County, Colorado, described as follows:
PARCEL A
PROPERTY DESCRIPTION
PARCEL A
A TRACT OF LAND SITUATE IN SEC 30 AND SEC 31, T.10S., R.84W., 6TH P.M.,
PITKIN COUNTY, COLORADO; SAID TRACT OF LAND ALSO BEING PITKIN
COUNTY PARCEL NO. 273730301001, ASSESSOR ACCOUNT NO. 022032,
COMPRISING THE FOLLOWING MINERAL SURVEYS: M.S. 5933, M.S. 6889
AND M.S. 6755, ACCORDING TO THE ORIGINAL GLO MINERAL SURVEY
PLATS AND NOTES THEREOF; SAID TRACT OF LAND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
PARCEL A, AS SHOWN ON EXHIBITS A AND B ATTACHED TO THAT ORDER
AND DECREE OF PARTITION IN THE DISTRICT COURT OF PITKIN COUNTY,
COLORADO UNDER CASE NO. 2013CV000067, RECORDED DECEMBER 26, 2014
AS RECEPTION NO. 616327;
SAID TRACT OF LAND CONTAINING 1,169,718 SQ.FT. OR 26.853 ACRES, MORE
OR LESS.
PITKIN COUNTY
COLORADO
and
PARCEL B
PROPERTY DESCRIPTION
PARCEL B
A TRACT OF LAND SITUATE IN SEC 25, T.10S., R.85W., AND SEC 30, T.10S.,
R.84W., 6TH P.M., PITKIN COUNTY, COLORADO; SAID TRACT OF LAND ALSO
BEING PITKIN COUNTY PARCEL NO. 273730300002, ASSESSOR ACCOUNT NO.
016089, COMPRISED OF THE FOLLOWING MINERAL SURVEYS: M.S. 5934,
M.S. 6301 AND M.S. 6383, ACCORDING TO THE ORIGINAL GLO MINERAL
RECEPTION#: 695614, 06/22/2023 at 09:09:36 AM, Pgs 9 of 10, Ingrid K. Grueter, Pitkin County, CO
SURVEY PLATS AND NOTES THEREOF; SAID TRACT OF LAND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT CORNER NO. 1 OF M.S. 5963 (IRON SILVER PLACER),
WHENCE CORNER NO. 6 OF M.S. 5963 (IRON SILVER PLACER) BEARS N
42°07'07" E A DISTANCE OF 2043.69 FEET (WITH ALL BEARINGS HEREIN
RELATIVE TO A BEARING OF S 32°39'28" W ALONG THE 3-2 LINE OF M.S. 5933
(JACK ADAM LODE), PER THE ORDER AND DECREE OF PARTITION
RECORDED DECEMBER 26, 2014 AS RECEPTION NO. 616327); SAID POINT
ALSO BEING A POINT ON THE 19-20 LINE OF SAID M.S. 5934 (QUARTSITE
LODE); THENCE S.12°48'12"E. ALONG SAID 19-20 LINE A DISTANCE OF 44.68
FEET TO CORNER NO. 20 OF SAID M.S. 5934 (QUARTSITE LODE); THENCE
LEAVING SAID 19-20 LINE S.77°06'34"W. ALONG THE 20-21 LINE OF SAID M.S.
5934 (QUARTSITE LODE) A DISTANCE OF 243.93 FEET TO CORNER NO. 21 OF
SAID M.S. 5934 (QUARTSITE LODE); THENCE LEAVING SAID 20-21 LINE
N.12°53'32"W. ALONG THE 21-18 LINE OF SAID M.S. 5934 (QUARTSITE LODE)
A DISTANCE OF 171.00 FEET TO THE INTERSECTION OF SAID 21-18 LINE AND
THE 16-5 LINE OF SAID M.S. 5934 (LIME, LITTLE ROBERT, TORNADO AND
TORNADO NO. 2 LODES); THENCE LEAVING SAID 21-18 LINE S.32°39'28"W.
ALONG SAID 16-5 LINE OF SAID M.S. 5934 A DISTANCE OF 1311.20 FEET TO
CORNER NO. 5 OF SAID M.S. 5934 (TORNADO NO. 2 LODE); THENCE
LEAVING SAID 16-5 LINE S.77°41'36"W. ALONG THE 5-4 LINE OF SAID M.S.
5934 (TORNADO NO. 2 LODE) A DISTANCE OF 150.00 FEET TO CORNER NO. 4
OF SAID M.S. 5934 (TORNADO NO. 2 LODE); THENCE LEAVING SAID 5-4 LINE
N.12°18'24"W. ALONG THE 4-3 LINE OF SAID M.S. 5934 (TORNADO NO. 2
LODE) A DISTANCE OF 633.19 FEET TO THE INTERSECTION OF SAID 4-3 LINE
AND THE 24-23 LINE OF SAID M.S. 6301 (BOB ROBERTS LODE); THENCE
LEAVING SAID 4-3 LINE S.02°40'24"E. ALONG SAID 24-23 LINE A DISTANCE
OF 456.83 FEET TO THE INTERSECTION OF SAID 24-23 LINE AND THE 8-7
LINE OF M.S. 6008 (AMERICAN FLAG LODE); THENCE LEAVING SAID 24-23
LINE N.54°20'24"W. ALONG SAID 8-7 LINE A DISTANCE OF 36.83 FEET TO
CORNER NO. 7 OF SAID M.S. 6008 (AMERICAN FLAG LODE); THENCE
LEAVING SAID 8-7 LINE S.35°16'36"W. ALONG THE 7-6 LINE OF SAID M.S. 6008
(AMERICAN FLAG LODE) A DISTANCE OF 93.94 FEET TO THE INTERSECTION
OF SAID 7-6 LINE AND THE 23-14 LINE OF SAID M.S. 6301 (BOB ROBERTS,
BUCKEYE AND JOE DANDY LODES); THENCE LEAVING SAID 7-6 LINE OF
SAID M.S. 6008 (AMERICAN FLAG LODE) S.88°24'33"W. ALONG SAID 23-14
LINE A DISTANCE OF 683.01 FEET TO CORNER NO. 14 OF SAID M.S. 6301 (JOE
DANDY LODE); THENCE LEAVING SAID 23-14 LINE N.02°48'24"W. ALONG
THE 14-13 LINE OF SAID M.S. 6301 (JOE DANDY LODE) A DISTANCE OF
1161.28 FEET TO THE INTERSECTION OF SAID 14-13 LINE AND THE 12-11
LINE OF SAID M.S. 6301 (WILLARD L. LODE); THENCE LEAVING SAID 14-13
LINE S.69°51'36"W. ALONG SAID 12-11 LINE A DISTANCE OF 123.92 FEET TO
CORNER NO. 11 OF SAID WILLARD L. LODE; THENCE LEAVING SAID 12-11
LINE N.22°52'24"W. ALONG THE 11-2 LINE OF SAID M.S. 6301 (WILLARD L.,
TOM HENDRIX AND GEORGIANA LODES) A DISTANCE OF 791.28 FEET TO
RECEPTION#: 695614, 06/22/2023 at 09:09:36 AM, Pgs 10 of 10, Ingrid K. Grueter, Pitkin County, CO
CORNER NO. 2 OF SAID M.S. 6301 (GEORGIANA LODE); THENCE LEAVING
SAID 11-2 LINE N.69°51'36"E. ALONG THE 2-1 LINE OF SAID M.S. 6301
(GEORIANA LODE) A DISTANCE OF 1405.30 FEET TO CORNER NO. 1 OF SAID
M.S. 6301 (GEORGIANA LODE); THENCE LEAVING SAID 2-1 LINE S.22°52'24"E.
ALONG THE 1-8 LINE OF SAID M.S. 6301 A DISTANCE OF 313.55 FEET TO THE
INTERSECTION OF SAID 1-8 LINE AND THE 3-2 LINE OF SAID M.S. 6368
(CHARMION LODE); THENCE LEAVING SAID 1-8 LINE N.32°39'36"E. ALONG
SAID 3-2 LINE OF SAID CHARMION LODE A DISTANCE OF 156.52 FEET TO
CORNER NO. 2 OF SAID M.S. 6368 (CHARMION LODE); THENCE LEAVING
SAID 3-2 LINE S.26°20'24"E. ALONG THE 2-1 LINE OF SAID M.S. 6368
(CHARMION LODE) A DISTANCE OF 300.00 FEET TO CORNER NO. 1 OF SAID
M.S. 6368 (CHARMION LODE); THENCE LEAVING SAID 2-1 LINE N.32°39'36"E.
ALONG THE 11-10 LINE OF SAID M.S. 5934 (LITTLE ROBERT LODE) A
DISTANCE OF 150.67 FEET TO CORNER NO. 10 OF SAID M.S. 5934 (LITTLE
ROBERT LODE); THENCE LEAVING SAID 11-10 LINE S.12°53'24"E. ALONG THE
10-14 LINE OF SAID M.S. 5934 (LITTLE ROBERT AND LIME LODES) A
DISTANCE OF 132.80 FEET TO CORNER NO. 14 OF SAID M.S. 5934 (LIME
LODE); THENCE LEAVING SAID 10-14 LINE N.32°39'36"E. ALONG THE 14-15
LINE OF SAID M.S. 5934 (LIME LODE) A DISTANCE OF 341.80 FEET TO
CORNER NO. 15 OF SAID M.S. 5934 (LIME LODE); THENCE LEAVING SAID 14-
15 LINE N.12°53'24"W. ALONG THE 15-18 LINE OF SAID M.S. 5934 (LIME AND
QUARTSITE LODES) A DISTANCE OF 81.40 FEET TO CORNER NO. 18 OF SAID
M.S. 5934 (QUARTSITE LODE); THENCE LEAVING SAID 15-18 LINE
N.77°06'36"E. ALONG THE 18-19 LINE OF SAID M.S. 5934 (QUARTSITE LODE) A
DISTANCE OF 246.09 FEET TO CORNER NO. 19 OF SAID M.S. 5934 (QUARTSITE
LODE); THENCE LEAVING SAID 18-19 LINE S.12°48'12"E. ALONG THE 19-20
LINE OF SAID M.S. 5934 (QUARTSITE LODE) A DISTANCE OF 1378.79 FEET TO
THE POINT OF BEGINNING;
EXCEPTING THEREFROM A TRACT OF LAND BOUNDED BY THE 11-12 LINE
OF M.S. 6301 (WILLARD L. LODE), THE 4-3 LINE OF M.S. 6383 (CHARMION
LODE) AND THE 17-24 LINE OF M.S. 6301 (BUCKEYE AND BOB ROBERTS
LODES), ACCORDING TO THE AMENDED 1889 PLAT OF M.S. 6301.
SAID TRACT OF LAND CONTAINING 3,830,896 SQUARE FEET OR 87.945
ACRES, MORE OR LESS.
COUNTY OF PITKIN
STATE OF COLORADO
21437521_v4