HomeMy WebLinkAboutbocc.ord.006.2004 Page: 1 o¢ 13
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$ILVIA DAVIS PITKIN COUNTY CO R 0.00 D 0.00
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO,
Granting AsperfPitldn County Housing Authority (APCHA) License
and Waterline Easement Across Upper River Road Right-of-Way
ORDINANCE NO .~d;'Z;,¢ -2004
_Recitals
1. Pitkin County, owner ofreai property known as Upper Riyer Road County Road
Right-of-Way wishes to grant a license to APCHA across, over and under said.
property.
2. The purpose of the license agreement is to allow APCHA to construct, install, operate,
use, maintain, repair and replace a water pipeline from the APCHA property and the
Tavern property across the fight-of-way.
3. APCHA and its successors to the APCHA property are responsible for the
maintenance of the water and wastewater system serving the APCHA property and the
Tavern property.
4. Upon completion of installation of the pipeline, Pitkin County shall execute a
permanent, irrevocable easement for construction, installation, operation, use,
maintenance, repair and replacement of the pipeline.
NOW THEREFORE, BE IT ORDAINED by the Board of County Connnissioners of Pitkin
County, Colorado that it does hereby authorize the chair to execute the attached License
Agreement and, upon completion of installation, to execute the Waterline Easement
Agreement.
INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING AT THE REGULAR
MEETING ON THE _ 28th__ DAY OF Januarl~ ,2004
--~ '~ -_l~.o~ ..... 2004.
~UBLISttE...D ,AFTER ADOPTION IN THE ASPEN TIMES WEEKLy! ON THE
AY OF ~, 2004 ' '"
Signature page to follow
ORD._.tSI~ -2004
}De~ ,'tte Jones
~ty County Clerk
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03/15/2004 02:55p
SILVIA DI~VIS PITKIN COUNTY CO R 0.00 D 0.00
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADo
Date
Dorothea Farris Date
Chairperson
Approved as to Form:
John Ely .....
~,R ADOPTION:
Public Works Director
Manager Approval:*
Coun' ~y ~a~a~;;mIrn Date
Page: 3 of 13
03/15/2004 02:55P
SZLV~R DAV)S PITKIN COUNTY CO ~ 0 00 O 0.00
LICENSE AGREEME-N~-~ -
THIS LICENSE AGREEMENT (,,A~reement.) is made this /~ ~'day of
t anror ), WhOSe aaaress ~s 530 East Main Street, Aspen, Colorado 8161 l,
and ASPEN/PITKIN COUNTY HOUSING AUTHORITY, a Colorado multi-jurisdictional
housing authority ("APCHA"), whose address is 530 East Main Street, Aspen, Colorado
81611.
WITNESSETH:
WHEREAS, APCHA is the owner of the real property described on Exhibit A
hereto (the "APCHA Property_");
WHEREAS, Grantor is the owner of (i) the real property that was the former
Denver & Rio Grande Railroad right-of-way (the "Railroad Property"), and (ii) the
county road right-of-way known as Upper River Road (the" ,, -
_Road Property; the Rmlroad
Property and the Road Property collectively, "Grantor Property");
WHEREAS, pursuant to that certain Water and Wastewater Service Use and
Maintenance Easement Dedication, recorded on December 11, 2000, as Reception No.
449548 in the Real Property Records of Pitkin County, Colorado, APCHA and its
successors to the APCHA Property are responsible for the maintenance of the water and
wastewater system serving the APCHA Property and the real property described on
Exhibit B hereto (the "Tavern Prope~_ "); and
WHEREAS, subject to the terms and conditions hereof, Grantor agrees to grant
to APCHA, for the benefit of the ApCHA Property and the Tavern Property, a license
over, across and under the surface of the Grantor Property for the purpose of allowing
APCHA to construct, install, operate, use, maintain, repair and replace a water pipeline
from the APCHA prOperty and the Tavern Property across the Grantor Property (the
"Pioeline").
NOW, THEREFORE, for good and valUable consideration, the receipt and
sufficiency of which are hereby acknowledged, and in further consideration of the terms,
conditions, covenants and mutual promises contained herein, the parties hereto agree as
follows:
1. Grant of License. Grantor hereby grants, conveys, assigns and transfers
unto APCHA, a license over, across and under the surface of the Grantor Property (the
"License") for the construction, installation, operation, use, maintenance, repair and
replacement of the Pipeline permanently installed under the surface of the Grantor
Property to serve and benefit the APCHA Property and the Tavern Property. The Pipeline
shall be located on the Grantor Property approximately as shown on Exhibit C hereto,
and APCHA shall, as nearly as is practicable, confine its operations with respect to the
Pipeline to an area within fifteen feet (15') of either side of the proposed locations of the
C:~home~attach~License Agreement. Water Line. BOCC. 11.10.03.DOC
PAge: 4 of 13
03/15/2004 02:55P
Pipeline as shown on Exhibit C. APCHA shall complete all work on the Pipeline in a
workmanlike manner at its sole cost and expense. Prior to the commencement of any
work off the Grantor Property for installation of the Pipeline, APCHA shall obtain from
all authorities having jurisdiction of the Grantor Property any and all permits and
approvals that may be necessary in order to carry out the work.
2. Conversion to Permanent Easement Agreement. Upon APCHA's written
notice to Grantor that the installation of the Pipeline is completed, and delivery to
Grantor of an "as built" survey of the Pipeline, reflecting the exact location of the
Pipeline on the Grantor Property, Grantor shall execute a permanent, irrevocable
easement, in substantially the same form as the Water Line Easement Agreement
attached hereto as Exhibit D, granting to APCHA a permanent easement across the
Grantor Property for the construction, installation, operation, use, maintenance, repair
and replacement of the Pipeline (the "permanent Easement").
3. Consideration: In consideration of the License and Permanent Easement,
APCHA shall,~ollowing installation of the Pipeline, restore the surface of the Grantor
Property, as nearly as is practicable, to the condition existing immediately prior to said
installation.
4. Indemnification and Insurance. APCHA shall at all times remain solely
responsible for and shall indemnify Grantor and hold Grantor absolutely blameless and
harmless from and against any and all losses (to person or property), damages, claims,
demands, costs of defense (including attorney's fees), liability or obligations of
whatsoever nature and by whomsoever asserted occasioned by, arising in connection with
or in any manner resulting from the construction, installation, operation, use,
maintenance, repair or replacement of the Pipeline, including without limitation, any
mechanic liens and/or construction or related activities performed on the Grantor
Property or otherwise by APCHA, its contractors, agents and assigns, except to the extent
caused by Grantor. During the term of this Agreement, APCHA shall maintain a liability
insurance policy reasonably acceptable to Grantor; provided that Grantor agrees that the
liability policy currently maintained by APCHA shall deemed acceptable to Grantor.
5. Representations of Grantor. Grantor represents to APCHA that Grantor
has the authority to execute this Agreement and the Permanent Easement and that the
Grantor Property is free and clear of ail liens, taxes (other than property taxes for the
calendar year hereof), encumbrances or other matters that could impair the License or
Permanent Easement or result in the License or Permanent Easement being extinguished.
Grantor further represents that APCHA shall have quiet and peaceful possession and use
of the License and Permanent Easement for the purposes herein set forth and subject to
the terms, conditions, covenants and mutual promises contained herein.
6. Grantor's Use of the Grantor Propertx. This Agreement and APCHA's use
of the Grantor Property shall in no way impact, limit Or interfere with Grant~ur's use or
enjoyment of the Grantor Property, provided Grantor's and its guests', im/[i~s' and
licensees' use of the Grantor Property shall not unreasonably interfere with AP CHA's use
C:khomekattach\License Agreement. Water Line. BOCC.11.10.03 .DOC
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SILVI~ DRVIS PITKIN COUNTY CO R E~.00 D 0.00
of the Grantor Property for the purposes set forth in this L!cense Agreement and the
Permanent Easement.
7. Miscellaneous.
(a) This Agreement shall be construed in accordance with the laws of
the State of Colorado. In the event of any litigation arising out of this Agreement
including the enforcement of any or the terms or conditions hereof, the prevailing party
shall also be entitled to recover reasonable attorneys, fees and costs incurred. Each of the
parties agrees that the other patly WOuld be damaged irreparably if any provision of this
Agreement is not performed in accordance with its terms or is otherwise breached.
Accordingly, each party agrees that the other party shall be entitled to an injunction or
injunctions to prevent the breach of any provision of this Agreement and to specifically
enforce this Agreement and the terms and provisions hereof in addition to any other
remedy to which such party may be entitled at law or in equity.
(b) The parties agree to perform such further acts and execute and
deliver such ftmher agreements or other documents as may reasonably necessary to
effectuate and carry out the provisions of this Agreement.
(c) This Agreement constitutes the entire understanding and
Agreement between the parties relating to the subject matter hereof. All preceding
agreements relating to the subject matter hereof, whether written or oral, are hereby
merged into this Agreement.
(e) This Agreement may be executed in counterparts and, as executed
shall constitute one Agreement binding on all of the parties hereto notwithstanding that
all said parties are not signatory to the original or same counterpart.
(f) A facsimile, telecopy or other reproduction of this Agreement may
be executed by the parties and shall be considered valid, binding and effective for all
purposes. At the request of either party, the parties agree t~) execute an original of this
Agreement as well as any facsimile, telecopy or other reproduction.
(g) All notices, notifications, consents and approvals required or
authorized hereunder shall be in writing and shall be served upon the party entitled
thereto either by personal delivery to such party or by certified mail, with osta e the
fully prepaid, addressed to such vartv at the adrlr,~ ...... P, g reon
........... ~es appeanng m mis ^greement. If
any party hereto shall change its address, it shall give notice of the change thereof to the
other party in the manner set forth above.'
[SIGNATURE PAGE FOLLOWS]
C:~home~ztach\License Agreement. Water Line. BOCC.I 1.10.03.DOC
3
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03/1.5/2004 02;55P
SZL.V[~I DRVZS pZTKtN COUNTY CO R 0.00 O 0.00
1N WITNESS WHEREOF, the p~es tiave executed this Agreemem on the day
and year first written above.
BOARD OF COUNTY COMMISSIONERS
OF PITK1N COUNTY, COLORADO:
ASPEN/PITKIN COUNTY HOUSING AUTHORITY:
By: ~' / ~ 2'//- t/ ~3a'~' /- --
Maureen Dobson
Executive Director
STATE OF COLORADO )
) SS.
COUNTY OF PITKIN )
A eement was acknowledged before me this [ day of.
The foregoing Li,c. ense ~gr _ ~.~ . r &' of
sOUnty Commissioners of Pitkin County, Colorado..
S my hand and official seal.
g_n-o 5'
STATE OF COLORADO )
COUNTY OF PITKIN )
The foregoing License Agreement was acknowledged before me this 10d~ day of
,200~by Maureen Dobson, as Executive Director of AsperffPitkin
lng Au~-ffority, a Colorado multi-jurisdictional housing authority.
ESS my hand and official seal. N0t~~ ~u lic~
C :khome\ailachkLicense Agreement.Water Line. BOCC.11.10.03.DOC
4
EXHIBIT A
Page: 7 of' 13
03/15/2004 02:55p
Woody Creek
Aspen/Pitkin County Housinq Authority
A parcel of land known as the Mobile Home Park Parcel as shown on the Fully
Developed Land Subdivision of Woody Creek Mobile Home Park / Tavern
recorded at Plat Book 54, Page 78 also being situated in Section 16, Township 9
South, Range 85 West of the 6th Principal Meridian, Pitkin County, Colorado,
said parcel being more particularly described as follows:
Beginning at a point whence the N1/4 of said Section 16 bears N00°01 '44'W a
distance of 544.24 feet; thence S00°05'11 "W a distance of 1396.37 feet to a
point whence the St14 of said Section 16 bears S00°04'09"W a distance of
3497.72 feet; thence N62°14'00"E a distance of 244.73 feet; thence N75°08'00"E
a distance of 163.38 feet to a point on the westerly line of county road right-oF
way; thence along said county road right-of-way the following mree (3) courses: a
183.59 feet along the arc of a non-tangent curve to the right having a radius o'
1595.52 feet, a central angle of 6°35'34'' and subtending a chord bearing of
N08°54'58"W a distance of 183.49 feet; thence N05°37'10"W a distance of
454.70 feet; thence 232.07 feet along the arc of a curve to the left having a
radius of 850.00 feet, a central angle of 15038'35'' and subtending a chord
bearing of N 13°26'28"W a distance of 231.35 feet; thence S67°22'16"W a
distance of 71.57 feet; thence N32°26'01"W a distance of 62.71 feet: mence
N23°14'42"W a distance of 62.95 feet; thence N66°45'18"E a distance of ~,1 .I ~
feet to a point on said county road right-of-way; thence N23°51'20"W a~ong said
right-of-way a distance of 291.27 feet; thence N90°00'00"W a distal' se of 77.81
feet to the point of beginning. Said :arcel contains 8.05 acres, more or ]ess.
~ ~ ......... ¢:_..-~:
Q:\92148D-plat\woodycreekAH-lega Ldoc
Ei~IBIT B
Pa~e: 8 o¢ 13
A parcel of land situated in Section 16, Township 9 Sou~h, Range 85 West of
the Sixth Principal Meridian, Pitkin County, Colorado, said strip of land
being more particularly described as follows:
Commencing at a point on the westerly right-of-way line of the Denver & Rio
Grande Railroad, whence the North 1/4 corner of said SecTion 16 bears
North 15~00'42'' West 563 feet;
thence South 90"00'00" West 67.61 feet to a point on the westerly right-of-way
line of an existing county road as in place;
thence South 23051,20" East 291.27 feet along said wesCerly llne to the Point
of Beginnihg;
thence continuing along westerly line South 23051,20" East 87.I7 feet;
thence continuing along westerly line 38.46 feet along =he arc of a curve to
the right having a radius of 850.00 feet, and a central angle of 02035'34" and
a chord bearing South 22°33'33. East 38.46 feet;
thence leaving said westerly line South 67a22,I6. West 71.57 feet;
thence North 32~26'0i. West 62.71 feet;
thence North 23~I4,42,, West 62.95 feet;
thence North 66°45,18'' East 81.11 feet to the Point of Beginning.
also described as TAVERN P~CEL, FULLY DEVLOPED LA~D SUBDIVISION OF THE WOODY
CREE~.MOBILE HOME PA~qX/TAVERN according to the Plat thereof recorded November
8, 2000 in Plat Book 54 at Page 76 as Reception No. 448662.
COUNTY OF PITKIN, STATE OF COLORADO.
£ot lA Elam Subdivision
Boole 13 Page 46
Elan~ Construction
Note:
Th~ Exhibit Mop does not represen~ o boundoO/ survey.
30' Proposed
Woter//ne Eoserneo~/~
/ /
/
/ /
/
30' Pro/
Woterl/ne Eosemen~
A/tern~[e
/
/
Lot lB Elam Subdivision
Book 13 PaKe 47
EJam Construction
Proposed Wo(er ?onk
SCHMUESER I GORDON MEYER
WATER LINE EASEMENT AGREF. MENT
THIS WATER LINE EASEMENT AGREEMENT (this "~,,) is made this/0 b~. day
of ~ 2004, between BOARD OF COUNTY COMMissIoNERS OF Prrg2N COLrNTY,
COLORADO ("Grantor"), whose address is 530 East Main Street, Aspen, Colorado 81611, and
AS?EN/PrrK~ COtYNTY HOUS~G AUT~O~d~', a Colorado multi-jurisdictional housing authority
("APCHA"), whose address is 530 East Main Street, Aspen, Colorado 81611.
WITNESSETH:
WHEREAS, APCHA is the owner of the real property described in Exhibit A hereto (the
"APCHA Property");
WHEREAS, Grantor is the owner of (i) the real property that was the former Denver & Rio
Grande Railroad fight-of-Way (the "Railro ~ Pro_.~9.p___~y_"), and (ii) the county road right-of-way known
as Upper River Road (the "Road Property"; the Railroad Property and the Road Prope~
collectively, '[Grantor Property");
WHEREAS, pursuant to that certain Water and Wastewater Service Use and Maintenance
Easement Dedication, recorded on December 11, 2000, as Reception No. 449548 in the Real
Property Records of Pitkin County, Colorado, APCHA and its successors to the APCHA Property
are responsible for the maintenance of the water and wastewater system serving the APCHA
Property and the real property described on Exhibit B hereto (the '~,,);
WHEREAS, pursuant to that certain License Agreement, dated ]~.~6/~. ~3 ~:'~ 2004,
between Grantor and APCHA (the "License,,), APCHA
constructed a water pipeline
from the APCHA Property and the Tavern Property across and under the Grantor Property (the
"Pipeline");
WHEREAS, pursuant to the License Agreement, upon completion of the Pipeline and the
provision of an "as-built" survey of the Pipeline to Grantor, the parties agreed to execute this
Agreement conveying to APCHA an easement for the construction, installation, operation, use,
maintenance, repair and replacement of the Pipeline; and
WHEREAS, Grantor desires to grant such an easement to APCHA on the terms and
conditions stated herein.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, and in further consideration of the terms, conditions, covenants and
mutual promises contained herein, the parties hereto agree as follows:
~ co T~ co R e.ee D e.ee
1. Grant of Easements. Grantor hereby grants unto APCHA (i) a perpetual non-
exclusive thirty foot (30') easement, being fifteen feet (15') on either side of the centerline described
on E'~b}t C hereto, over, across and under the surface of the Railroad ProPerty, and (ii) a perpetual
non-exclusive thirty foot (30') easement, being fifteen feet (15') on either side.of the e",dhterline
described on Exhibit [l)] hereto, over, across and under the surface of the Road Property
(collectively, the "Easements") for the installation, construction, operation, use, mahatenance, repair
and replacement ora water pipeline fi:om the APCHA Property and the Tavern Property across and
under the surface of the Grantor Property (the "Pipeline") to serve and benefit the APCHA Property
and the Tavera Property. APCHA may utilize the Easements as is necessary, to install, construct,
operate, use, maintain, repair and replace the Pipeline. APCHA shall complete all work on the
Pipeline in a workmanlike manner at its sole cost and expense. Prior to the commencement of any
work on the installation of the Pipeline, APCHA shall obtain fi:om all authorities having jurisdiction
of the Grantor Property any and all permits and approvals that may be necessary in order to cany out
the work.
2. Consideration. In consideration of the Easements granted hereunder and the License
Agreement, APCHA shall, following installation of the Pipeline, restore the surface of the Grantor
Property, as nearly as is practicable, to the condition existing immediately prior to said installatiOn,
including the replanting of any vegetation.
3. Indemnification and insurance. APCHA shall at all times remain solely responsible
for and shall indemnify Grantor and hold Grantor absolutely blameless and harmless fi:om and
against any and all losses (to person or property), damages, claims, demands, costs of defense
(including attorney's fees), liability or obligations of whatsoever nature and by whomsoever asserted
occasioned:by, msm~' m connection with or in any manner resulting from the construction,
installation, operation, use, maintenance, repair or replacement of the Pipeline, including without
limitation, any mechanic liens and/or conslraction or related activities performed on the Grantor
Property or otherwise by APCHA, its contractors, agents and assigns, except to the extent caused by
Grantor. So long as the Easements are in existence, APCHA shall maintain a liability insurance
policy reasonably acceptable to Grantor; provided that Grantor agrees that the liability policy
currently maintained by APCHA shall deemed acceptable to Grantor.
4. Representations of Grantor. Grantor represents to APCHA that Grantor has the
authority to execute this Agreement and that th~ Grantor Property is free and clear of all liens, taxes
(other than property taxes for the calendar year hereof), encumbrances or other matters that could
impair the Easements or result in the Easements being extinguished. Grantor further represents that
APCHA shall have quiet and peaceful possession and use of the Easements for the purposes herein
set forth and subject to the terms, conditions, covenants and mutual promises contained herein.
5. Crrantor's Use of the Grantor Property. This Agreement and APCHA's use of the
Grantor Property shall in no way impact, limit or interfere with Grantor's use or enjoyment of the
Grantor Property, provided Grantor's or its guests', invitees' or licensees' use of the Grantor
Property shall not unreasonably interfere with APCHA's use of the Grantor Property for the
purposes set forth in this Agreement.
6. Notices. All notices, notifications, consents and approvals required or authorized
2
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$ILVIA DRVI$ PITKIN COUNTY CO R e.00 D 0.00
h~e~d~ sh~l be in ~t~g ~d s~l be s~ u~n ~e p~ ~fifl~ ~eto ei~ by p~son~
deliv~ m such p~ or by c~fied m~l, wi~ postage ~n ~lly pr~d, ~&ess~ m such
p~ at ~e M&esses appe~ng ~ ~s A~e~t. If ~y p~ h~e~ sh~t ch~ge its ad,ass, it
s~l ~ve notice of~e ch~ge ~ereof m ~e o~ p~ in ~e m~ s~ fo~ above.
7. Binding Effect. This Easement Agreement is intended to mn with the APCHA
Property and the Grantor Property and be binding upon and inure to the benefit of the parties hereto
and the respective successors in interest to said properties and to burden and benefit said properties
as provided for herein. This Agreement shall be recorded in the real property records of Pitldn
County, Colorado.
8. Governing Law. This Agreement is made with respect to rights and obligations
accruing in the State of Colorado and shall be governed by and construed in accordance with the
laws of the State of Colorado.
9. Remedies for Breach of Covenants. The parties shall be entitled to any and all
remedies permitted by law, including injunctive and mandatory relief, for breach of any of the
covenants, warranties, indemnities and obligations contained herein.
10. Attorney's Fees. In the event the provisions of the agreement require enforcement,
litigation or are a subject of controversy, the prevailing party shall be awarded its or their reasonable
attorney's fees and costs incurred therein.
~11 c.*3q Ommtcrparts. This Agreement may be executed m counterparts and, as executed shall
censtttu~e one Agr~ent bmdmg on all of the part, es hereto notwithstanding that all smd parties are
not slgngtory t
o the original or same counterpart.
·'IN~.,. WITNE~g.~ -, ~EREOF, the parties have executed this Agreement as of the date and year
first abox~w[i~.'tten., ,. ~
BOARD OF COLTNTY COMMISSIONERS
OF PITKIN COLTNTY, COLORADO:
Title: O
ASPEN/PITI~ C~UNTY HOUSING AUTHORITY
Maureen Dobson ~ '
Executive Director
STATE OF COLORADO )
) SS.
COUNTY OF PITK1N )
The foregoing Water Line Easement Agreement was acknowledged before me this __
l:XBrlan\Water Line Esmt Agmt. BOCC. I 1.10.03.doe
County Commissioners of Pitkifi County, Colorado.
WITNESS my hand and official seal.
My commission expires:
· STATE OF COLORADO
COUNTY OF PITKIN
The foregoing Water Line Easement Agreement was acknowledged before me this / 0 day
of ~/'xC~fo{r~ 2004 by Maureen Dobson, as Executive Director of Aspen/Pitkin County
Housing Authority, a Colorado multi-jurisdictional housing authority.
WITNESS my hand and official seal.
My commission expires: '~ ]~)/0¢
I:kBfian\Water Line Esmt Ag~ntBOCC. 11.10.03.doc