HomeMy WebLinkAboutbocc.ord.009.2004 Page: 1 of 7
02/03/2005 O& :58~
SILVIA DAVIS PITKIN COUNTY CO R 0.00 D 0.00
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO AUTHORIZING THE BOARD TO ACCEPT
A UTILITIES EASEMENT FROM THE OWNER OF LOT 2 OF THE
STILWATER SUBDIVSION/P.U.D
Ordinance No. t~0~ -2004
Recitals
1. The Board of County Commissioners of Pitkin County, Colorado,
Thomas P. Reagan and SME Investments Limited Partnership ("Lot Owners") are
the respective owners of Lots, 1, 3, and 4 of the StilIwater Ranch
Subdivision/P.U.D.
2. Fred Home is the owner of Lot 2, Stillwater Ranch SubdivisionfP.U.D.
3. In 1993, Home granted a thirty-foot utility easement on and over Lot 2 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 2 and Home
desires to grant said additional easement.
5. The terms of the agreement are set forth, and the Chair (or Chair's
designee) shall be authorized to sign, a Utilities Easement Agreement in substantially the
form attached as Exhibit A, as approved by the County Attorney.
NOW THEREFORE, BE IT ORDAINED, that the Board of County
Commissioners of Pitkin County, Colorado accepts a utilities easement from the owner of
Lot 2 of the Stillwater Ranch Subdivision/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 AFTER ADOPTION IN THE THE ASPEN TIMES WEEKLY
ON THE 6, t~ DAY OF l/J~o_¢.~,.~. 2004.
Ordinance No.t29~ -2004
Page 2
EST:
:te Jones,
ay Clerk
APPROVED AS TO FORM:
Page: 2 of 7
02/03/2005 08:58¢
SILVIA DAVIS PITKIN COUNTY CO R 0.00 D 0.00
BOARD OF COUNTY COMMISSIONERS
OF PITK1N COUNTY, COLORADO
Dorothea Fares, Chair
Attorney
Hilary ~?~Jtcher Smith
Count3~qqlanager
EXHIBIT A
UTILITIES EASEMENT AGREEMENT
THIS UTILITIES EASEMENT AGREEMENT (hereinafter "Agreement") is
made and entered into this lltb day of January, 2205 by and between the BOARD OF
COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, a body corporate
and politic, THOMAS P. REAGAN AND CHARLES R. BELLOCK (hereinafter
collectively the "Lot Owners") and FRED HORNE (" Horne);
WITNESSETH:
WHEREAS, the Lot Owners are the respective owners of Lots
Stillwater Ranch Subdivision/P.U.D. (the "Subdivision"); and
1, 3 and 4,
WHEREAS, Horne is the owner of Lot 2, Stillwater Ranch Subdivision/P.U.D.
(the "Horne Lot"); and
WHEREAS, Lots 1, 2, 3 and 4 of the Subdivision may be hereafter referred to
collectively as the "Lots"; and
WHEREAS, utilities are currently being installed within the Subdivision to
service all of 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 Horne 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 Home
Lot in order to adequately install the necessary Utilities; and
WHEREAS, the Lot Owners desire Horne to grant an additional ten foot (10')
utility easement adjacent to the existing 1993 Utility Easement on and over a portion
of the Horne Lot for the benefit of the Lots and the Lot Owners; and
WHEREAS, Horne 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
3
receipt and sufficiency of which are hereby acknowledged, the Lot Owners and Horne
agree as follows:
1. Grant and Acceptance of Easement. Horne 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 Horne Lot in that location as set forth on Exhibit "A" attached
hereto and incorporated herein by reference for the benefit of the Lot Owners, their
successors and assigns (the "Easement"). The location map attached hereto as Exhibit
"B" and incorporated herein by this reference visually depicts the location of the
Easement on the Horne Lot. The Easement shall be used by the Lot Owners for the
installation and maintenance of underground utilities serving and benefiting the Lots.
Horne agrees that he shall not construct, place, or establish any structures,
improvements, or any other obstruction on said Easement that will interfere with or
render more difficult the use of said Easement or to otherwise hinder or obstruct the use
of such Easement.
2. 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 along and outside 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 natural conditions existing prior to such activity. Any and all costs and expenses
incurred due to operation, maintenance, repair and replacement of the Utilities shall be
borne equally by the owners of Lots 2, 3 and 4; provided, however, that should Horne
need to maintain, repair or replace any Utilities located within the Easement for the
sole benefit of or related solely to the Horne Lot (including connecting to any of the
Utilities located within the Easement), Horne shall be solely responsible for any costs
related thereto.
3. 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
4. Indemnification. The Lot Owners agree to indemnify and hold Horne
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
2
and costs incurred in the event that any party brings an action against Horne in
connection with the construction, installation, maintenance and repair of the
contemplated Utilities.
5. 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 Horne Lot, which appurtenance and burden shall run with the
land.
I~- ~a
6. 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 Horne, the substantially prevailing party shall be
awarded its reasonable costs and attorneys' fees and costs incurred in connection
therewith.
7. Amendment. This Agreement may only be amended by a written
document executed by the County and by the then record owners of the Lots.
8. 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.
9. 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:
BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO
By:
Dorothea Farris, Chair
ATTEST:
Deputy Clerk and Recorder
STATE OF COLORADO )
)SS.
COUNTY OF )
The foregoing instrument was acknowledged before me this
............... 2004, by Thomas P. Reagan.
..... day of
Witness my hand and official seal.
My commission expires:
Notary Public
STATE OF )
) SS.
COUNTY OF )
The foregoing
instrument was acknowledged before me this
, 2004, by Charles R. Bellock.
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 this
............... 2003, by Fred Horne.
Witness my hand and official seal.
My commission expires:
..... day
of
3133394 I.DOC
Notary Public
UTILITIES EASEMENT AGREEMENT
THIS UTILITIES EASEMENT AGREEMENT (hereinafter "Agreement") is
made and entered into this llth day of January, 2205 by and between the BOARD OF
COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, a body corporate
and politic, THOMAS P. REAGAN AND CHARLES R. BELLOCK (hereinafter
collectively the "Lot Owners") and FRED HORNE (" Horne);
WITNESSETH:
WHEREAS, the Lot Owners are the respective owners of Lots 1, 3 and 4,
Stillwater Ranch Subdivision/P.U.D. (the "Subdivision"); and
WHEREAS, Horne is the owner of Lot 2, Stillwater Ranch Subdivision/P.U.D.
(the "Horne Lot"); and
WHEREAS, Lots 1, 2, 3 and 4 of the Subdivision may be hereafter referred to
collectively as the "Lots"; and
WHEREAS, utilities are currently being installed within the Subdivision to
service all of 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 Horne 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 Horne
Lot in order to adequately install the necessary Utilities; and
WHEREAS, the Lot Owners desire Horne to grant an additional ten foot (10')
utility easement adjacent to the existing 1993 Utility Easement on and over a portion
of the Horne Lot for the benefit of the Lots and the Lot Owners; and
WHEREAS, Horne 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 Home
agree as follows:
SILVIA DAVIS PITKIN COUNTY CO R e.ee o e.ee
1. Grant and Acceptance of Easement. Horne 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 Home Lot in that location as set forth on Exhibit "A" attached
hereto and incorporated herein by reference for the benefit of the Lot Owners, their
successors and assigns (the "Easement"). The location map attached hereto as Exhibit
"B" and incorporated herein by this reference visually depicts the location of the
Easement on the Horne Lot. The Easement shall be used by the Lot Owners for the
installation and maintenance of underground utilities serving and benefiting the Lots.
Horne agrees that he shall not construct, place, or establish any structures,
improvements, or any other obstruction on said Easement that will interfere with or
render more difficult the use of said Easement or to otherwise hinder or obstruct the use
of such Easement.
2. 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 along and outside 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 natural conditions existing prior to such activity. Any and all costs and expenses
incurred due to operation, maintenance, repair and replacement of the Utilities shall be
borne equally by the owners of Lots 2, 3 and 4; provided, however, that should Home
need to maintain, repair or replace any Utilities located within the Easement for the
sole benefit of or related solely to the Home Lot (including connecting to any of the
Utilities located within the Easement), Horne shall be solely responsible for any costs
related thereto.
3. 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
4. Indemnification. The Lot Owners agree to indemnify and hold Horne
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 Horne in
connection with the construction, installation, maintenance and repair of the
contemplated Utilities.
2
5. 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 Horne Lot, which appurtenance and burden shall run with the land.
6. 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 Horne, the substantially prevailing party shall be
awarded its reasonable costs and attorneys' fees and costs incurred in connection
therewith.
7. Amendment. This Agreement may only be amended by a written
document executed by the County and by the then record owners of the Lots.
8. 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.
9. 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:
BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO
By:
D6'~thea Farris, Chair
John Ely~
Hilary StrOh, County Manager
SILVIA DAVIS PITKIN COUNTY CO R 0.00
506702
Page: 3 o¢ 7
02/03/2005 08:59¢
D 0.00
3
C~arles R. Bellock
SILVIA DAVIS PITKIN COUNTY CO R 0.00
506702
Page: 4 of 7
/[
STATE OF COLORADO )
) SS.
COUNTY OF ?ZrKIt~ )
506702
Page: 5 of 7
02/03/2005 08:59¢
o o,ee
The foregoing instrument was acknowledged
_~_~_ ....... 2004, by Thomas P. Reagan.
Witness my hand and official seal.
My commission expires: q ICLq/Ot4
Notary Public
STATE OFFS)
) SS.
COUNTY OF ~..~)
before me this ~_._q__~_ day of
r. eg,oing instrument was acknowledged before me this _L'~/__ day of
gO0~, by Charles R. Bellock.
Witness my hand and official seal.
My commission expires: / / -02 g -
STATE OF /~',7~,~5. )
) SS.
COUNTY OF ~<~<,~,)( )
The foregoing instrument was acknowledged before me this
___~¢ ....... 200~, by Fred Horne.
Witness my hand and official seal.
_~__~J~ day of
My commission expires:
~ V~RGINIA O. BEI.ANGER
~'9~, I, Notary Public
~ i I~ t~ Comrnonwea~ ot Massachusefls
~L~',,IIv My Commission Expire.
~/'/'/'/'/'/'/'/'/~ September 23, 2010
3133394 1.DOC
PAGE
2/3
02/03/2005 08:59(
SILVIA O~VI5 PITKIN COUNTY CO R 0.00 D 0.00
~T
~NG ~D B~ND~y ~ LOT 2 ~G ~E N~Ly B~ND~Y ~ ~ ~G ~ F~T
~A~O S~D ~ERLY B~y ~ LOT 2
~-T~ ~ ~ ~E ·
RI~.HAWNG A R~US
623 ~g ~T ~ 0.~4 A~S, M~E ~
FOOT WIDE ,UTILITY EASEMENT
LOCATED IN i PORTION .OF SECTION 18, TOWN:iSJ~ l0
SOUTIt P, ANGE ~ 1~ OF 'l'~u~ 6TH P.M.
COUNTY OF PIT~, STAT~ OF COLORADO
LOT ~
PAGE
3/3
LINE TABLE
UNEILENGTHI BEARING
fo. oo' ~ s ~s:,~'
LOT 2
STILLWATE:R RANCH
POINT OF BEGINNING
LOT 3,
STILLWATER RANCH /
/
156.12'
67.99'
88.13'
56.60'
RADIUS
105.$1'
105.31 '
105..31'
95.$1 '
95.31'
~:o~
¢o~ <
OF LOT 1 ·
SOUTHEAST CORNER ...
OF LOT 2:
.... SILVIA DAVIS PITKIN COUNTY CO
CURVE~
TA8LE
TANGENT C~ORD
96.40' 142.21'
J5.25'
46.83'
83.33'
'42. 74'
29_16' ,
· .'. SOPRIS
(*S ?0) ?04-03~Z
LOT 1
SllLLWATER RANCH
30' WIDE 'ACCESS AND
UllUTY EASEMENT SEE
· PLAT 800K 33 PAGE
~ PI'P41N COUNTY
R£CORD$
506702
Page: 7 o{
DELTA
84.'58'3j"
36'59'3.~
8279'3~' .
~. ,. .....
STATE OF /'].f~ ~:::~. )
COUNTY OF ,-~- ~-~/')Y )
The foregoing instrument was acknowledged before me this
./~. ,qy ,2004, by Frederic B. Horne.
Witness my hand and official seal.
My commission expires:
· ~, VIRGINIA O. BELANOER
Notary Public
Coramonwea~ of Massachus~tls
My Comm~eion Expires
September 23, 2010
STATE OF COLORADO )
) SS.
COUNTY OF )
day of
The foregoing instrument was acknowledged before me this ~ ~k day of
· ~t.~, 2004, by Thomas P. Reagan.
Witness my hand and official seal.
My commission expires: O~ ),~.~ l Oc!
STATE OF ~)
) SS.
COUNTY OF ~
Notary Public (at:flO~r~,/.., 4~&qOe,_,O_.~
~_~e foregoing instrument was acknowledged before me this // day of
'~,v by Charles R. Bellock.
Witness my hand and official seal.
My commission expires://-~-~) ~-'
.... o...'_'o
3131459_3,DOC
6
COUNTy OF PITK]N, STATE OF COLO~RADO
PAGE
$ILVIA DAVIS PITKIN COUNTY CO R 0.00
506703
Page: q o[ 8
02/03/2005 09:01;
D 0.00
UTILIT't' EASE~IENT 'DESCRIPTION
A I0 FOOT ~DE UTEJTY EASEMENT ~TUATED ON A PORTION OF LOT I STIU..WATE'R RANCH
SUBDIVI~ON/P.u,o.; SAID EA$£MENT BEING LOCATED IN SECTION 7~, TOWNSHIP lO SOU~'H. RANGE 84.
WEST OF THE ~ PRINCIPAl. MERIDIAN AND IS MORE PARTICULARLY DEScRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWES;T CORNER OF' SAID LOT I STILLF/ATE'~ RANCH SUBDivisiON/P.U.D.; THENCE
N. 13"J~'02~,( ALONG THE WESTERLY BOUNDARY OF' .%~JD LOT I 4~6g FEE'S, TO THE POINT OF BEGINN[N~
THENCE LEAVING SAiD WE~-RL.y BOUNDARY 88.13 FE~T ALONG THE ARC OF A NON-~'ANGENT CURVE TO
THE I~JGHT HAVING A RADIUS OF 105.3'I ~ AND A CENTRAL ANGt..~ OF 47'56'59' (CHORD BEARS
S.62'59'Iff'E. 85.58 FEE'I-); THENCE S. Sg'OO*~-B'E. 61.15 FEE~ THEN(~E ~.30'Sg'12"W. 10.00 FEET TO A
POINT ON ~ NORTH[-2=J.y BOUNDARY OF AN F-..~IS~NG JO FOOT WIDE ACCESS AND UTfUTY F-ASE~c"NT;
THENCE N.59'00'-¢8'1~. ALONG THE NORTHERLY BOUNDARY OF' SAID E)ESTiNG EASEM~T 61.15
THENCE CONTINUING ALONG THE NORTHERLY BOUNDARY OF SAID E~JSTING EASEMENT 80.~$ P~ T ALONG
THE ARC OF- A CURVE TO 7H£ LEFT HA~NG A RADIUS OF 95.31 FEET AND A CENTRAL ANGLE OF
48'18'17' (CHORD BEARS N. 85'Og'SrW. 7~.00 ¢-I:.~.1) TO A POINT ON TH&- WESTERLy BOUNDARY OF SAiD
LOT 1; THENCE LEAVING THE NORTHERLY BOUNDARY OF .SAID E~STING EASE'.~4ENT N. 13"JS'O2"W. ALONG
THE t't/ESTERLY BOUNDARY OF SAID LOT I 10.02 FEP. I, TO THE P~NT OF BEGINNING.
CONTAINING 14.54 SOUARE ~',~-r OR 0.033 A~ MORE OR LESS.
SOPRIS ENG/N P,_,_R/-N'G -- LLC
~A~,, COLOm4DO 8Z~
/(
LOT ~
5/5
TA~U~
~-"NO77-f BEARING
LI
L2
L.3
I~T 2 -
10.02'
Z~T!
JO' ~fOE ACCESS AND
UTIUI~' E. AEE~ENT S~
PLA T BOOK ~J PAGE
35 PtTi~N COUNTY
RECORDs
I
I
/
I
/
SOUTHWEST CORNER
OF LOT 1
SOUTHEAST CORNER
OF LOT 2
596703
Page: 8 of ~3
02/03/2005 09:01
D 0.00
4756'59"
zcazay ~"=~o'