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Home My WebLink Aboutpublication.date.05152004 310 East Main Street, Aspen, Colorado 81611 PROOF OF PUBLICATION STATE OF COLORADO } COUNTY OF PITKIN } I, Jenna Weatherred do solemnly swear that I am PUBLISH- ER ol the ASPEN TIMES WEEKLY; that the same is a week- ly newspaper printed, in whole or in part, and published in the County of PITKIN, State of Colorado and has a general circu- lation therein; that said newspaper has been published con- tinuously and uninterruptedly in said County of Pitkin for a. period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advedise- ment; that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3, I879, or any amendments thereof, and that said newspaper is a weekly newspaper duly qualified for publishing legal notices and advertisements within the mean- lng Of the laws of the State of Colorado. That the annexed legal notice or advertisement was published in tl~e regular and entire issue of every number of said week- ly newspaper for the period of / consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated /"~ ¢, ,., ~ ("- A.D.,20 (")~ ,and the last publication of said r~ic~ was in the issue of said newspaper dated /"f"3~,~ ~ A. D. 20 ('~ ~ ,..)- In witness whereof I have hereun set my hand. p~blis,~ter,.,. ,.- .v ) / Subscribed and sworn to before me, a notary public in and for the County of Pitkin, State of Colorado, this ~,~ day of ~ A.D., 20 Notary Public My Commission expires [,b PUBLIC NOTICE NOT[CE IS HEREBY GIVEN Ti) THE GENERAL PUBLIC OF THE FOLLOWING MATTERS OF INTEREST REGARDING THE PITKIN COUNTY BOARD OF COIJNTY COMMISSIONERS: · Unless otherwise notified ali regular and special meetings will be held n he Board o Co n y Comm ss oners, P aza ne Conference Room, 530 E Main St. Aspen NOTICE OF UPCOMING PUBLIC HEARINGS BEFORE THE BOARD OF COUNTY COMMISSIONERS: MAY 26. 20~1 BOCC The following liquor liceus~s: Be Filed To Replace the Pitkin County Personnel Policies and Procedures Manual with the Pitkin County employee Hand- book A RESOLUTION OF THE COUNTY COMMISSIONERS OF Pr[KIN COUNTY, COLORADO, APPROVING AN INTER- And the fo[lowing Ordinance(s): AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTy COLORADO GRANTING A NON-EXCLUSIVE EASEMENT AND RIGHT-OF-WAY TO OBERMEYER PLACE SALES GROUP, LLC AND OBERMEYER PLACE RENTAL GROUP, LLC Ordinance No. __-2004 C'CountyLot') Obermeyer Place Sales Group, LLC and Obermeyer Place Rental Group, LLC (collectively Ober- meyer') are constructing a mixed-use development within the City of Aspen known as tile Obermeyer Place Subdivision/PUD (the "Projecf') adiacent to the County Lot, g Obermeyer desires an easement over and under the County Lot in order to install such improvements and utilities as are necessary to the development o[ the Proic( t 4 The County desires to grant such easemen o el e meyer p rsuan o he e ms and prey sons se Iorth in the Easement Agreement attached here ~ as Ex A 5 The Chair ((Ir Chair% designee) shall be authorized lo sign tile Easement Agreement in substanlial ly the form attached as Exhibit A, as approved by the County Attorney· NOW THEREFORE, BE IT ORDAINED, that the Board of County Commissioners of Pit kin County, Colorado does grant a non-exclusive easement and right~og-way to Obeymeyer Place Sales Group, LLC and Obermeyer Rental Group· LLC over and under Lot 1, Pit kin County Center Subdivision for the purpose o[ installing such improvements and utilities as are necessary ~o the Obermeyer Place Subdivision/PUD project, THIS ORDINANCE SHALL BECOME EFFECTIVE 30 DAYS ~ER PUBLICATION FOLLOWING FINAL ADOPTION BY THE BOARD OF COUN3~ COMMISSIONERS EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter 'Agreement") is made and entered into this __ day of ,2004, by and between OBERMEYER PLACE SALES GROUP, LLC, a Colorado limited liability company, and OBERMEYER PLACE RENTAL GROUP, LLC, a Colorado limited liability company, (collectively "Obermeyer ) and the BOARD OF COUNTY COMMIS- SIONERS OF PITKIN COUNTY COLORADO, a b~dy corporate and politic (hereinafter the "County"): WITNESSETH: WHEREAS. Obermeyer is constrbcting a mixed-use development within the City el Aspen known as Obermeyer Place Subdivision/PUD (the "Project"); and WHEREAS, the Project is being constructed adjacent to certain property owned by the County known as Lot 1, Pit kin County Center Subdivision (the "County Lot"), which County Lot is shown more fully on that Plat recorded il/ Plat Book 13 at Page 83 of the Pitkin County real estate records (the 'County Pla~"); and WHEREAS a.s shown on the County Plat a 2{Moot Access Right-el-Way was granted to the City o Aspen by he (mmty over the easterly most 20 feet el the County Lot (the "Right-al-Way' ); and WHEREAS the purpose o[ the Right-of-Way was to provide general access eve an across a ex s nga eyway; and WHEREAS, as part of the development of the Project, Obermeyer anticipates the need to install and maintain certain temporary and per manellt subsurface and surface improvements, ~nd subsurface utilities, within a per lion of the County Lot, including the Right-of-Way; WHEREAS, Obermeyer accordingly desires the County to grant all easemenl to Obermeyer on, over and under the County Lm in order to iustall such buprovements and utilities and the County desir~ to grant such an easement to Ober- meyer pursuant to those terms and provisions as set forth below. NOW, THEREFORE,/or and in consideralion o[ the mutual covenants and agreements set lorth herein, and other good and valuable considerations, the receipt and sufficieucy Ut which are hereby acknow[edged, Obermeyer and the County agree as follows: EXHIBIT A I Grant and Acceptance of Easement; Consideration. The County hereby grants, transfers and conveys unto Obermeyer, its successors and assigns forever, and Obermeyer hereby accepts, a Perpetual, non-exclusive easement and right~af-way (the EasemenC) on, over and under the County Lot in that area shown on Exhibit "A" attached hereto and incor- porated herein by relerence (the "Easement Area"). The Easement shall be used by Obermeyer Ior: (a) tile Inst a[latlon of a portion of all underground [oundat [on wa[] related ~o the Project's underground parking garage; (b) the installation el surface roadway improvements including without limitation new pavement, curbs and gutters; (c) the instatlation of subsurface soils stabilization improvements; (dj grading and vegetation activities; (e) the installation of an underground sewer storm line; (0 subsequent access over and across such Easement Area; and (g) the subsequent maintenance of all such improvements and utilities The County hereby grants this Easemen o Obermeyer n cons dera on or he new sur ace roadway mprovements to be installed within tile Easelmqlt ~-rea, which surface roadway improvements shall ¢onstit ute a benefit to the County and its personnel 2, Temporary Construction License· The County hereby grants and conv~ys to Obermeyer a temporary construction license on and over the County Lot ten feet on either side of the Easement Area lot purposes of trenching, temporarily storing dirt and debris, and installing the improvemeuts wilhin the Easement Area (the · 'Construction License")· The Construction License shall be utilized by ObermeycL its agents and contractors, for the initial installation of the improvements contemplated herein aud shall exist from the date el tile first building permit issuance tor the Project and shall terminate thirty (36) months thereaBen 3. No Interference; Restoration Obermeyer agrees to use the Construction License granted herein only as is nec essary and reasonable during the term thereof and agrees thal the use rd the Conslruction License shall nut unreasonably interfere with any use el the County Lot by the County, their employees or agents, including without limitation the e×ist lng access alleyway ("Sheriff's Alley") and the County jail lacilities. Following the inst al]alien of the improvements by Obermey- er within the Easement, any disturbed areas, both inside and outside the boundaries el the Easement, shall be promptly restored, to the fullest extent reasonably possible· Any and all costs and exPenses incurred due to installation el such improvements by the I~*t Owners shall be the sole responsibility o[ Obermeyen 4. Indemnification, Obermeyer agrees to indemnify and hold the County harmless [rom any and all claims and losses of any nature whatsoever resulting from the excavat leu, installation, maintenance or repair of the improvements with- in the Easement as contemplated herein· This indemnification shall include actual attorneys· lees and Cosl$ 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 improvemellts 5 Easemen~ Appurtenant The Easement granted herein shall, Ior all purposes, be considered to be au easement appurtenant to the Project and shall bind and be a burden upon tile County LoC which appurtenance and burden shall run with tile land· 6. Attorneys' Fees. In the eveng the iuterpretation or enlorcement el this Agreement should ever become the sut> iect el liligation between Obermeyer (or its successors and assigns) and the County, the substantially prevailing party shall be awarded its reasonable costs and attorneys' fees and costs incurred itl connection therewith· 7. Amendment This Agreement may only be amended by a written document executed by the County and Ober- meyer, or its successors and assigns 8. Complete Agreement· This Agreement constitutes the entire and complete agreement of the parties in r~gard to the subject matter herein· No promise or undertaking has been made by any party, anti no understanding exists with respect to the transaction herein coutemplat ed except as expressly set forth herein· All prior and contemporaneous negoti ations and understandings between the parties are embodied and merged into this Agreement. 9 Counterparts· This Agreement may be executed itl duplicate original counterparts, each of which shall consti- tute an original, but all of which shall constitute one and the same document 10. Approval of City By signing this Agreement below, the City ackuowledg~s and approves of the granting el tile Easement by the County to OBERMEYER over a portion rd that Right.d-Way previously granted by the County to the City in the same area and acknowledges that the surface improvements contemplated to be installed therein will constitute a bene- fit to the general pubbe [N WITNESS WHEREOF'. the parties have hereunto set their hands and seals as el the day and year f!rst above wrilten EXHIBIT A COUNTY LOT AND EASEMENT AREA LOT 6 Jeanette Jones, Deputy County Clerk Published in the Aspen Times Weekly on May 15, 2004 (1489) 310 East Main Street, Aspen, Colorado 81611 PROOF OF PUBLICATION STATE OF COLORADO } COUNTY OF PITKIN } I, Jenna Weatherred do solemnly swear that I am PUBLISH- ER of the ASPEN TIMES WEEKLY; lhat the same is a week- ly newspaper printed, in whole or in part, and published in the County of PITKIN, State of Colorado and has a general circu- lation therein; that said newspaper has been published con- tinuously and uninterruptedly in said County of Pitkin for a period of more than fifty-two consecutive weeks next prier to the first publication of the annexed legal notice or advertise- ment; that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3, 1879, or any amendments thereof, and that said newspaper is a weekly newspaper duly qualified for publishing legal notices and advedisements within the mean- ing Of the laws of the State of Colorado. That the annexed legal notice or advedisement was published in t~e regular and entire issue of every number of said week- ly newspaper for the period of / consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated r~('~A~, i~'" A.D.,20 OW ,and the last publication of skid n~tice was in the issue of said newspaper dated ~ ~ I~¢ A. D. 20 ~ In wkness whereof I have hereunto set my hand. Subscribed and sworn to before me, a notary public in and for the County of Pitkin, State of Colorado, this ~f"~ day of ~.,_A.D., 20 ~"~ __. Notary Public My Commission expires ~,O "O~ -~: 310 East Main Street, Aspen, Colorado 81611 PROOF OF PUBLICATION d ,d s; of ~d ,id for of 2o04. 048~