HomeMy WebLinkAboutbocc.ord.028.1999AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO GRANTING A SEWER AND WATER LINE
EASEMENT TO BIDGLE LLC FROM PITKIN COUNTY
Ordinance No. 99- 01 r
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 sewer line easement over that portion of
the Airport Ranch East and also a Water Line Easement on the Service Center property subject to
the terms and condition of such Sewer and Water Line 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 Sewer and Water Line 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 Sewer and Water Line 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 11`h
DAY OF AUGUST, 1999.
PUBLISHED AFTER ADOPTION IN THE WEEKEND EDITION OF THE ASPEN
TIMES ON THE 21' DAY OF AUGUST, 1999.
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Ordinance No. 99- "li
Page 2
ATTEST:
ette Jones, Dep Clerk
APPROVED AS TO FORM:
John M. Ely
County Atto
1/ords/n40sewerh2oease. doc
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
r�44104
Leslie J. Lamo hair
Date:/ [ c / q9
Suz.,'f e Konch
Co �J anage
111111 11(11 111111 1111 11111 1111111 11111 III 11111 1111 1111
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a
Exhibit
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SEWER AND WATER LINE EASEMENT
THIS SE ER AND WATER LINE EASEMENT made and entered into
this day of t�n(� , 1999 by and between Pitkin County ("Grantor") and
Bidg e, LLC, wh se 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 "Airport
Ranch East", a parcel of land recorded at Book 714, Pages 604-612 in the Pitkin
County Clerk and Recorders Office.
B. Grantee seeks a non-exclusive Sewer Line Easement over that portion of the
"Airport Ranch East" as described in Exhibit A and a Water Line Easement over
that portion of the Service Center Plat described in Exhibit B, collectively
referred to a the "Utility Easements" herein and Grantor agrees to grant said non-
exclusive Utility Easements to Grantee, its successors or assigns, as shown in
Exhibit A and Exhibit B subject to the terms and conditions of this Utility
Easement, which easements are for the benefit of and appurtenant to the North
Forty PUD Subdivision (" North Forty"), as described in The Plat of the North
I .orty PUD Subdivision, filed at Book, Page , in the Pitkin County Clerk and
Recorders Office which is incorporated by reference herein .
NOW THEREFORE, for Ten Dollars ($10.00) and other good and
valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the Grantordoes hereby grant, bargain, sell and convey to
Grantee, its successors and assigns, Utility Easements described in Exhibit A
and Exhibit B for the benefit of the North Forty together with the right to
traverse a reasonable portion of the Grantor's land for the purpose of installing
and maintaining said Utility.Easements. This Grant of Easement is made with
the following agreements, covenants, restrictions and conditions:
1. Grantor retains the right to use and occupy the easement areas for any
purpose not inconsistent with Utility Easements granted herein. Without limiting
the generality of the foregoing, Grantor agrees to undertake no incompatible use
of the easement areas nor erect any incompatible structures which would
obstruct maintenance and repair of the installed utilities.
2. Grantee shall be solely responsible for all expenses incurred in tiie
construction of the utilities, and Grantee shall indemnify and hold harmlest,
Grantor with respect to such expenses.
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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 Utility Easements by Grantee shall be borne by Grantee, its
successors or assigns. Further, Grantee, its successors 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 Utility Easements.
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.
IN WITNESS WHEREOF, Grantor executes this Sewer and Water Line
Easement as described on Exhibit A and Exhibit B.
Approved as to form
John Ely
State of Colorado
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Pitkin County
GRANTOR:
Pkin County
By: Leslie J L..mont
Chair
T ore oin "Sewer and Water Ea ,�m�nt" as . cknowled . ed before, ,,,,,,,,,,,,
me this day of , 1999 by C x
Witness my hand and official Seal.
My Commission expires:
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EXHIBIT A
SANITARY SEWER LINE EASEMENT
LOCATED WITHIN THE PARCEL OF LAND RECORDED IN BOOK 714 AT PAGES 604-612
COUNTY OF PITKIN, STATE OF COLORADO
NORTHEAST CORNER OF
/I SECTION 34,
G.L.O.
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Date: 05.15.99
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20' WIDE SANITARY SEWER LINE EASEMEN 1
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THE NORTH FORTY P.U.D. SUBDIVISION
DESCRIPTION:
SOUTHEAST CORNER
SECTION 34
2 1/2" BRASS CAP
A TWENTY (20) FOOT VIDE SANITARY SEWER LINE EASEMENT LOCATED WITHIN THE PARCEL OF LAND RECORDED IN BOOK 714,
AT PAGES 604-612, SECTION 34, TOWNSHIP 9 SOUTH, RANGE 85 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF PITKIN,
STATE OF COLORADO, BEING TEN (10) FEET ON EACH SIDE OF THE HEREIN DESCRIBED CENTERUNE IN1H SIDELINES EXTENDING
AND SHORTENING AS NECESSARY TO INTERSECT ADJOINING PROPERTY, EASEMENT OR RIGHT-OF-WAY LINES:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 34, WHENCE THE SOUTHEAST CORNER THEREOF BEARS S 02'49'59" E,
5438.50 FEET WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO, THENCE S 13'09'43" W, 3161.97 FEET TO A
POINT ALONG THE EASTERLY LINE OF THE NORTH FORTY P.U.D. SUBDIVISION AND THE TRUE POINT OF BEGINNING; THENCE
N 32'25'35" E, 8.03 FEET; THENCE S 76'46'38" E, 57.70 FEET TO THE POINT OF TERMINUS.
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NOTE THIS D06 NOT REPRESENT A NONUNENTED LAND SURVEY.
`IT IS INTENDED ONLY 10 DEPICT THE ATTACHED D6CRP110N.
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11445 West 1-70 Frontage Road North
SuKe 102, Wheat Ridge, Colorado 80033
(303) 403-4706 Fax (3031403-0800
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Dote: 05.15.99
EXHIBIT B.
WATER LINE EASEMENT
LOCATED WITHIN THE SUBDIVISION EXEMPTION PLAT OF THE
PITKIN COUNTY SERVICE CENTER RECORDED IN BOOK 22 AT PAGE 40
COUNTY OF PITKIN, STATE OF COLORADO
P.O.C.
./ NORTHEAST CORNER OF
SECTION 34
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BRASS CAP
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DESCRIPTION:
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THE NORTH FORTY P.U.D. SUBDIVISION
C
SOUTHEAST CORNER
SECTION 34
2 1/2" BRASS CAP
A TWENTY (20) FOOT WIDE WATER UNE EASEMENT LOCATED WITHIN THE SUBDIVISION EXEMPTION PLAT OF THE PITKIN
COUNTY SERVICE CENTER RECORDED IN PLAT BOOK 22 AT PAGE 40, SECTION 34, TOWNSHIP 9 SOUTH, RANGE 85 WEST OF
THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF PITKIN, STATE OF COLORADO, BEING TEN (10) FEET ON EACH SIDE OF
THE HEREIN DESCRIBED CENTERLINE WITH SIDEUNES EXTENDING AND SHORTENING AS NECESSARY TO INTERSECT ADJOINING
PROPERTY, EASEMENT OR RIGHT-OF-WAY LINES:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 34, WHENCE THE SOUTHEAST CORNER THEREOF BEARS
S 02149'59" E, 5438.50 FEET W1TH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO, THENCE S 21140'41' W,
3628.53 FEET TO A POINT ALONG THE NORTHERLY LINE OF THE NORTH FORTY P.U.D. SUBIDIVISION AND THE TRUE
POINT OF BEGINNING; THENCE N 3026'16" W, 88.17 FEET TO THE POINT OF TERMINUS.
NOTE THIS GOES NOT REPRESENT A NCNUEENTED LAND SURVEY.
IT IS INTENDED ONLY TO OEPICT THE ATTACHED DESCIAPDON.
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T1445 Weal 1-70 Frontage Road North
Suite 102, Wheat Ridge, Colorado 80033
(303) 403-4708 Fax (303) 4034800
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