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HomeMy WebLinkAboutbocc.ord.008.2004 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITI{IN COUNTY, COLORADO GRANTING A UTILITIES EASEMENT TO THE OWNERS OF LOTS 2, 3, AND 4 OF THE STILLWATER RANCH SUBDIVSION/P.U.D Ordinance No. 0t9~ -2004 Recitals 1. Frederic B. Home, Thomas P. Reagan and SME Investments Limited Partnership ("Lot Owners") are the respective owners of Lots, 2, 3, and 4 of the Stillwater Ranch Subdivision/P.U.D. 2. Pitkin County ("County") is the owner of Lot 1, Stillwater Ranch Subdivision/P.U.D. 3. In 1993, the County granted a thirty-foot utility easement on and over the County lot for installation of utilities contemplated to serve the Stillwater Ranch Subdivision. 4. The Lot Owners have discovered that they require an additional ten-foot utility easement adjacent to the existing 1993 utility easement over Lot 1 and the County desires to grant said additional easement. 5. The terms of the agreement are set forth, and the Chair (or Chair's designee) shall be author/zed to sign, a Utilities Easement Agreement in substantially the form attached as Exhibit A, as approved by the Cotmty Attorney. NOW THEREFORE, BE IT ORDAINED, that the Board of County Commissioners of Pitkin County, Colorado grants a utilities easement to the owners of Lots, 2, 3 and 4 of the Stillwater Ranch Subdix(ision/P.U.D. INTRODUCED, FIRST READ AND SET FOR PUBLIC HEARING ON THE 11TM DAY OF FEBRUARY 2004. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE 14TM DAY OF FEBRUARY 2004. APPROVED UPON SECOND READING AND PUBLIC HEARING ON THE 25TM DAY OF FEBRUARY 2004. PUBLISHED AFrER ADOPTION IN THE ASPEN TIMES WEEKLY ON THE ~, t~c DAY OF_Zi~aa~Z...~ 2004. I Ordinance No.60c~/-2004 Page 2 ATTEST: anette Jones, eputy Clerk APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS OF pITKIN COUNTY, COLORADO boroth~a Fm~is, C~air - Date: Attorney Hilary F~)her Smith County teranager 506700 Page: 2 o¢ 8 02/03/2005 08:58~ D 0.00 EXHIBIT A UTILITIES EASEMENT AGREEMENT THIS UTILITIES EASEMENT AGREEMENT (hereinafter "Agreement") is made and entered into this 1 lth day of January, 2005 by and between FREDERIC B. HORNE, THOMAS P. REAGAN AND CHARLES R. BELLOCK (hereinafter collectively the "Lot Owners") and the BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, a body corporate and politic (hereinafter the "County"); WITNESSETH: WHEREAS, the Lot Owners are the respective owners of Lots 2, 3 and 4 (the "Lots"), Stillwater Ranch Subdivision/P.U.D. (the "Subdivision"); and WHEREAS, the County is the owner of Lot 1, Stillwater Ranch Subdivision/P.U.D. (the "County Lot"); and WHEREAS, the Lot Owners are presently installing utilities within the Subdivision to service the Lots, including water, sewer, gas, cable and telephone (the "Utilities"), which Utilities were never fully installed by the developer of the Subdivision; and WHEREAS, the 1993 First Amended Plat of the Subdivision recorded in Book 33 at Page 34 of the Pitkin County Clerk and Recorder' s Office granted a thirty foot (30') utility easement on and over the County Lot for the installation of utilities contemplated to serve the Subdivision and the Lots (the "1993 Utility Easement"); and WHEREAS, the Lot Owners have discovered that they require an additional ten feet of space adjacent to a portion of the 1993 Utility Easement located on the County Lot in order to adequately install the necessary Utilities; and WHEREAS, the Lot Owners desire the County to grant an additional ten foot (10') utility easement adjacent to the existing 1993 Utility Easement on and over a portion of the County Lot for the benefit of the Lots and the Lot Owners; and WHEREAS, the County desires to grant such an additional utility easement to the Lot Owners pursuant to those terms and provisions as set forth below. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements set forth herein, and for other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the Lot Owners and the County agree as follows: 1. Grant and Acceptance of Easement. The County hereby grants, transfers and conveys unto the Lot Owners, their successors and assigns forever, and the Lot Owners hereby accept, a perpetual, non-exclusive ten foot (10') easement and right- of-way on and over the County Lot in that location as set forth on Exhibit "A" attached hereto and incorporated herein by reference (the "Easement"). The Easement shall be used by the Lot Owners for the installation and maintenance of underground utilities serving and benefiting the Lots. 2. Installation of Utilities; Temporary Construction License. The County hereby grants and conveys to the Lot Owners a temporary construction license on and over the County Lot ten feet on either side of the Easement for purposes of trenching the lines for the Utilities, temporarily storing dirt and debris, and installing the Utilities ~vithin the Easement (the "Installation License"). The Installation License shall be utilized by the Lot Owners, its agents and contractors, for the initial installation of the Utilities and shall exist from the date of this Agreement until April 1, 2004, at which time the Installation License shall expire. The Lot Owners agree to use said Installation License only as is necessary and reasonable during the term thereof and agree that the use of the Installation License shall not unreasonably interfere with any rightful use of the County Lot by the County, their employees or agents. Following the installation of the Utilities within the Easement, any disturbed areas, both inside and outside the boundaries of the Easement, shall be promptly restored, to the fullest extent reasonably possible, to the conditions existing prior to such activity. Any and all costs and expenses incurred due to installation of the Utilities by the Lot Owners shall be the sole responsibility of the Lot Owners 3. Maintenance and Repair of Utilities. In regard to the subsequent operation, maintenance, repair and replacement of the Utilities within the Easement, there shall exist a temporary license ten feet on either side of the boundaries of the Easement for the storage of debris and materials or for any other temporary related purposes; provided, however, that following any such operation, maintenance, repair or replacement activity, any disturbed areas, both inside and outside the boundaries of the Easement, shall be promptly restored, to the fullest extent reasonably possible, to the conditions existing prior to such activity. Any and all costs and expenses incurred due to operation, maintenance, repair and replacement of the Utilities by the Lot Owners, occasioned by the Lot Owners use thereof, shall be the sole responsibility of the Lot Owners 4. Connection of Other Lots to Utilities. The County shall have the right to connect to the easements installed within the Easement by the Lot Owners for the purpose of providing utility service to the County Lot. To the extent the County ever connects the County Lot to any of the Utilities installed within the Easement by the Lot Owners, the County shall be solely responsible for any costs related thereto, as well as any future operation, maintenance, repair or replacement costs solely associated with the County's use of such Utilities (and any related restoration obligations). Furthermore, should the County deem it necessary, other lots located 2 within the vicinity of the Easement may be allowed to connect their lots to such Utilities in order to avoid unnecessary and/or overhead utilities within the neighborhood. To the extent any other lot besides those contemplated herein eventually are allowed to connect to the Utilities within the Easement, such lot owners shall be solely obligated for any and all costs associated with such connection, as well as any future operation, maintenance, repair or replacement costs solely associated with such lot owners' use of the Utilities. 5. Assignment of Easement Rights to Utility Providers. Subsequent to the installation of the Utilities within the Easement by the Lot Owners, the Lot Owners shall have the right to assign any of the rights granted to the Lot Owners herein to such utility providers as may be applicable for the purpose of subsequent operation, maintenance, repair and replacement of the Utilities installed therein 6. Indemnification. The Lot Owners agree to indemnify and hold the County harmless from any and all claims and losses of any nature whatsoever resulting from the excavation, installation, maintenance or repair of the Utilities within the Easement as contemplated hereby, including, without limitation, indemnification against any claims arising under any federal or state environmental pollution laws, rules, statutes, or regulations, and indemnification against any claims of contractors which could result in a mechanic's lien. This indemnification shall include actual attorneys' fees and costs incurred in the event that any party brings an action against the County in connection with the construction, installation, maintenance and repair of the contemplated Utilities. 7. Easement Appurtenant. The Easement granted herein shall, for all purposes, be considered to be an easement appurtenant to the Lots and shall bind and be a burden upon the County Lot, which appurtenance and burden shall run with the land. 8. Attorneys' Fees. In the event the interpretation or enforcement of this Agreement should ever become the subject of litigation between the Lot Owners (or their successors and assigns) and the County, the substantially prevailing party shall be awarded its reasonable costs and attorneys' fees and costs incurred in connection therewith. 9. Amendment. This Agreement may only be amended by a written document executed by the County and by the then record owners of the Lots. 10. Complete Agreement. This Agreement constitutes the entire and complete agreement of the parties in regard to the subject matter herein. No promise or undertaking has been made by any party, and no understanding exists with respect to the transaction herein contemplated except as expressly set forth herein. All prior and contemporaneous negotiations and understandings between the parties are embodied and merged into this Agreement. 3 1 1. Counterparts. This Agreement may be executed in duplicate original counterparts, each of which shall constitute an original, but all of which shall constitute one and the same document. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the day and year first above written. LOT OWNERS: Frederic B. Horne Thomas P. Reagan Charles R. Bellock Page: 0 of 8 02/03/2005 08:58¢ SILVIA DAVIS PlTKIN COUNTY CO R 0.00 D 0.00 4 COUNTY: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO By: Dorothea Farris, Chair ATTEST: SILVIA DAVIS PITKIN COUNTY CO R 0.00 506700 Page: 7 of 0 02/03/2005 08:58~ D 0.00 Deputy Clerk and Recorder APPROVED AS TO FORM: John Ely, County Attorney Hilary Smith, County Manager STATE OF ) ) SS, COUNTY OF ) Page: 8 of 8 02/03/2005 08 SILVIA DAVIS PITKIN COUNTY CO R 0.00 D 0.00 The foregoing instrument , 2004, by Frederic B. Horne. was acknowledged before me this Witness my hand and official seal. My commission expires: ..... day of Notary Public STATE OF COLORADO ) ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this ............... 2004, by Thomas P. Reagan. Witness my hand and official seal. My commission expires: ..... day of Notary Public STATE OF ) ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me ............... 2004, by Charles R. Bellock. Witness my hand and official seal. My commission expires: this ..... day of Notary Public 3131459 3.DOC 6 Page: 1 of 8 02/03/2005 09:~1~ SILVIA DAVIS PITKIN COUNTY CO R 0.00 D 0.00 UTILITIES EASEMENT AGREEMENT THIS UTILITIES EASEMENT AGREEMENT (hereinafter "Agreement") is made and entered into this 1 lth day of January, 2005 by and between FREDERIC B. HORNE, THOMAS P. REAGAN AND CHARLES R. BELLOCK (hereinafter collectively the "Lot Owners") and the BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, a body corporate and politic (hereinafter the "County"); WITNESSETH: WHEREAS, the Lot Owners are the respective owners of Lots 2, 3 and 4 (the "Lots"), Stillwater Ranch Subdivision/P.U.D. (the "Subdivision"); and WHEREAS, the County is the owner of Lot 1, Stillwater Ranch Subdivision/P.U.D. (the "County Lot"); and WHEREAS, the Lot Owners are presently installing utilities within the Subdivision to service the Lots, including water, sewer, gas, cable and telephone (the "Utilities"), which Utilities were never fully installed by the developer of the Subdivision; and WHEREAS, the 1993 First Amended Plat of the Subdivision recorded in Book 33 at Page 34 of the Pitkin County Clerk and Recorder' s Office granted a thirty foot (30') utility easement on and over the County Lot for the installation of utilities contemplated to serve the Subdivision and the Lots (the "1993 Utility Easement"); and WHEREAS, the Lot Owners have discovered that they require an additional ten feet of space adjacent to a portion of the 1993 Utility Easement located on the County Lot in order to adequately install the necessary Utilities; and WHEREAS, the Lot Owners desire the County to grant an additional ten foot (10') utility easement adjacent to the existing 1993 Utility Easement on and over a portion of the County Lot for the benefit of the Lots and the Lot Owners; and WHEREAS, the County desires to grant such an additional utility easement to the Lot Owners pursuant to those terms and provisions as set forth below. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements set forth herein, and for other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the Lot Owners and the County agree as follows: SILVIA DAVIS PITKIN COUNTY CO I~ e.ee o e.ee l. Grant and Acceptance of Easement. The County hereby grants, transfers and conveys unto the Lot Owners, their successors and assigns forever, 'and the Lot Owners hereby accept, a perpetual, non-exclusive ten foot (10') easement and right-of- way on and over the County Lot in that location as set forth on Exhibit "A" attached hereto and incorporated herein by reference (the "Easement"). The Easement shall be used by the Lot Owners for the installation and maintenance of underground utilities serving and benefiting the Lots. 2. Installation of Utilities; Temporary Construction License. The County hereby grants and conveys to the Lot Owners a temporary construction license on and over the County Lot ten feet on either side of the Easement for purposes of trenching the lines for the Utilities, temporarily storing dirt and debris, and installing the Utilities within the Easement (the "Installation License"). The Installation License shall be utilized by the Lot Owners, its agents and contractors, for the initial installation of the Utilities and shall exist from the date of this Agreement until April 1, 2004, at which time the Installation License shall expire. The Lot Owners agree to use said Installation License only as is necessary and reasonable during the term thereof and agree that the use of the Installation License shall not unreasonably interfere with any rightful use of the County Lot by the County, their employees or agents. Following the installation of the Utilities within the Easement, any disturbed areas, both inside and outside the boundaries of the Easement, shall be promptly restored, to the fullest extent reasonably possible, to the conditions existing prior to such activity. Any and all costs and expenses incurred due to installation of the Utilities by the Lot Owners shall be the sole responsibility of the Lot Owners 3. Maintenance and Repair of Utilities. In regard to the subsequent operation, maintenance, repair and replacement of the Utilities within the Easement, there shall exist a temporary license ten feet on either side of the boundaries of the Easement for the storage of debris and materials or for any other temporary related purposes; provided, however, that following any such operation, maintenance, repair or replacement activity, any disturbed areas, both inside and outside the boundaries of the Easement, shall be promptly restored, to the fullest extent reasonably possible, to the conditions existing prior to such activity. Any and all costs and expenses incurred due to operation, maintenance, repair and replacement of the Utilities by the Lot Owners, occasioned by the Lot Owners use thereof, shall be the sole responsibility of the Lot Owners 4. Connection of Other Lots to Utilities. The County shall have the right to connect to the easements installed within the Easement by the Lot Owners for the purpose of providing utility service to the County Lot. To the extent the County ever connects the County Lot to any of the Utilities installed within the Easement by the Lot Owners, the County shall be solely responsible for any costs related thereto, as well as any future operation, maintenance, repair or replacement costs solely associated with the County's use of such Utilities (and any related restoration obligations). Furthermore, should the County deem it necessary, other lots located within the vicinity of the 2 Page: 3 of' & 02/0B/200S 09:01~ SILVZR DAVIS PITKIN COUNTY CO R e.ee o e.ee Easement may hc allowed to connect their lots to such Utilities in order to avoid unnecessary and/or overhead utilities within the neighborhood. To the extent any other lot besides those contemplated herein eventually are allowed to connect to the Utilities within the Easement, such lot owners shall be solely obligated for any and all costs associated with such connection, as well as any future operation, maintenance, repair or replacement costs solely associated with such lot owners' use of the Utilities. 5. Assignment of Easement Rights to Utility Providers. Subsequent to the installation of the Utilities within the Easement by the Lot Owners, the Lot Owners shall have the right to assign any of the rights granted to the Lot Owners herein to such utility providers as may be applicable for the purpose of subsequent operation, maintenance, repair and replacement of the Utilities installed therein 6. Indemnification. The Lot Owners agree to indemnify and hold the County harmless from any and all claims and losses of any nature whatsoever resulting from the excavation, installation, maintenance or repair of the Utilities within the Easement as contemplated hereby, including, without limitation, indemnification against any claims arising under any federal or state environmental pollution laws, rules, statutes, or regulations, and indemnification against any claims of contractors which could result in a mechanic's lien. This indemnification shall include actual attorneys' fees and costs incurred in the event that any party brings an action against the County in connection with the construction, installation, maintenance and repair of the contemplated Utilities. 7. Easement Appurtenant. The Easement granted herein shall, for all purposes, be considered to be an easement appurtenant to the Lots and shall bind and be a burden upon the County Lot, which appurtenance and burden shall run with the land. 8. Attorneys' Fees. In the event the interpretation or enforcement of this Agreement should ever become the subject of litigation between the Lot Owners (or their successors and assigns) and the County, the substantially prevailing party shall be awarded its reasonable costs and attorneys' fees and costs incurred in connection therewith. 9. Amendment. This Agreement may only be amended by a written document executed by the County and by the then record owners of the Lots. 10. Complete Agreement. This Agreement constitutes the entire and complete agreement of the parties in regard to the subject matter herein. No promise or undertaking has been made by any party, and no understanding exists with respect to the transaction herein contemplated except as expressly set forth herein. All prior and contemporaneous negotiations and understandings between the parties are embodied and merged into this Agreement. 1 l. Counterparts. This Agreement may be executed in duplicate original counterparts, each of which shall constitute an original, but all of which shall constitute one and the same document. // IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the day and year first above written. LOT OWNERS: ? ~_ ×-? /~ ,,, . //. / .~.~ ~ '" - ' "~u.-'O" rne~,I Tt<omas m. Reagan ~~ ChArles R. Bellock 4 /¢ COUNTY: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO By: Dorothea Farris, Chair [~ 3uty Clerk and R :order APPROVED AS TO FORM: Page: 5 of g 02/03/2005 09:01~ SILVIA DAVIS PITKIN COUNTY ¢0 R 0.00 O 0.00 John~ 5