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Home My WebLink Aboutbocc.ord.026.1999M IIIIIII IIIII 111111 IIIII 1111 IIIII IIIIIII III IIIII 1111 1111 440579 02/16/2000 01:46P ORDINANC DAVIS SILVI 1 of 5 R 0.00 0 0.00 N 0.00 PITKIN COUNTY CO AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO GRANTING A TEMPORARY ROAD ACCESS EASEMENT TO BIDGLE LLC FROM PITKIN COUNTY Ordinance No. 99- A (. Recitals 1. Pitkin County is the owner of certain real property situated in Pitkin County known as the Subdivision Exemption Plat of the Pitkin County Service Center and the Airport Ranch East. 2. Bidgle, LLC is seeking an non-exclusive temporary access easement subject to the terms and condition of such Temporary Road Access Easement attached here to as Exhibit A which easement is for the benefit of and appurtenant to the North Forty PUD Subdivision. 3. The Board of County Commissioners and Bidgle LLC agree to the terms and conditions of the Temporary Road Access Easement NOW, THEREFORE, be it ordained by the Board of County Commissioners of Pitkin County, Colorado that the Board of County Commissioners does hereby authorize the chair to execute the Temporary Road Access Easement subject to the terms and conditions set forth in the Easement for Berm Construction attached hereto as Exhibit A. INTRODUCED, FIRST READ AND SET FOR PUBLIC HEARING ON THE 14th DAY OF JULY, 1999. NOTICE OF PUBLIC HEARING PUBLISHED IN THE WEEKEND EDITION OF THE ASPEN TIMES ON 24th DAY OF JULY, 1999. APPROVED UPON SECOND READING AND PUBLIC HEARING ON THE 11th DAY OF AUGUST, 1999. PUBLISHED AFTER ADOPTION IN THE WEEKEND EDITION OF THE ASPEN TIMES ON THE 21't DAY OF AUGUST, 1999. 111111111111 IIIIII IIII IIIII IIIIIII IIIII III IIIII IIII IIII 434488 08/17/1999 10 28A ORDINANC DAVIS SILVI 1 of 5 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO t Ordinance No. 99- 02 G Page 2 ATTEST: 1111111 IIIII I IIIl 11111 Olin IIIIIII I1 Ill IIII III 440579 02/16/2000 01:46P ORDINANC DAVIS SILVI 2 of 5 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO ate✓ ette Jones, Deputy l lerk APPROVED AS TO FORM: John M. Ely County Attorney 1/ords/n40temproadease.doc Leslie J. Lamont, air Date:// al/ q 9 BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO n.yoRtg„ 111111111111111111111111111111111111111111111111 434488 08/17/1999 10 28A ORDINANC DAVIS SILVI 2 of 5 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO epritat APPROVED BY ORDINANCE TEMPORARY ROAD ACCESS EASEMENT# THIS TEMPORARY ROAD ACCESS EASEMENT made and entered into this /? day of —s—m i e- , 1999 by and between Pltkin County ("Grantor") am l Bidgie, LLC, whose address is 303 E AABC, Aspen, CO 81611 ("Grantee"). RECITALS A. Grantor owns certain real property located in Pitkin County, State of Colorado, known as the "Subdivision Exemption Plat of the Pitkin County Service Center", filed at Plat Book 22, Page 40, in the Pitkin County Clerk and Recorders Office, hereinafter referred to as the "Service Center Plat" and "Airp' Ranch East", a parcel of land recorded at Book 714, Pages 604-612 in the Pitkii County Clerk and Recorders Office. B. Grantee seeks non-exclusive temporary access easement and Grantor agrees to grant said non-exclusive temporary access easements to Grantee, it: successors or assigns, as shown in Exhibit A subject to the terms and conditions of this temporary access Easement, which easements are for the benefit of and appurtenant to the North Forty. ( NOW THEREFORE,'for Ten Dollars ($10;00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Grantor does hereby grant and convey to Grantee, its �� a successors or assigns, a temporary access easement for construction traffic on a .J V temporary road described in Exhibit A for the benefit of the North Forty ufr Subdivision. The within Grant of this temporary access easement is made on ....2.1a o the following agreements, convenants, restrictions and conditions. _o �a F 1. Grantor retains the right to use and occupy the easement area for any z g purpose not inconsistent with the Temporary Road Access Easement granted �o m herein. Without limiting thelgenerality of the foregoing, Grantor agrees to ISa m undertake no incompatible use of the easement areas nor erect any •=eN z incompatible structures which would obstruct maintenance and repair of the Imo �m installed utilities. Qmm �" 0 2. Grantee shall be solely responsible for all expenses incurred in the � m construction of the Temporary Road Access, and Grantee shall indemnify and mea hold harmless Grantor with ;respect to such expenses. 3. Any liability for personal injury to Grantee, its employees, agents and invitees or any other third person, as a result of or arising out of or relating to the construction of the Temporary Road Access Easement by Grantee shall be borne by Grantee, its successors or assigns. Further, Grantee, its successors I' 1 11 tHf 1111ItjIJ1"I 432256 06/17/1000 10 52A EASEMENT DAVIS SILVI 1111111 IIIII 11111111111111111111111111I III 1111111111111 440579 02/16/2000 01 46P ORDINANC DAVIS SILVI 4 of 5 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO and assigns agree to indemnify and hold harmless Grantor, against any loss or damage which should result from, arise out of or be attributable to the use of the Temporary Road Access Easement. 4. All provisions of this instrument, including the benefits to the North Forty and the burdens to Grantor's land, run with the land of the dominant and servient estate and are binding upon and inure to the benefit of the successors, assigns and tenants of the parties hereto. 5. Grantee, its successor or assigns, agree to restore the Temporary Road Access Easement area to its predisturbed date after construction activity ceases, but in no event later than June 1, 2004. 6. This easement is granted for so long as Grantee needs this access to comply with the conditions of approval for the North 40 P.U.D. Subdivision, provided that the duration of the easement shall not exceed June 1, 2004. IN WITNESS WHEREOF, Grantor executes this Grant of Easements for the Temporary Road Access as described on Exhibit A. Approved as to form State of Colorado ) ) ss Pitkin County GRANTOR: Pi , in County y: Leslie . amont Chair APPROVED BY BOCC ON The for ' g "Temporary Road Access Easement" was acknowledged be re e t is , ,gay o \ 1 , 1999 �.�� bye • - ,, •a ~ 0•N Witness my hand and official Seal. My Commission expires: k\-NZODO` Nota 111111 11111 1E111 1111 IIIII 11111 IIIIIII III IIIII IIII 1111 432256 08/17/1999 10 52A EASEMENT DAVIS SILVI 2 of 3 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO IIIIII IIIII 111111111111111 IIIII 1111111 III IIIII 1111 IIII 440579 02/16/2000 01 46P ORDINRNC DAVIS SILVI E.h: A 5 of 5 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO