HomeMy WebLinkAboutresolution.council.108-19 RESOLUTION #108
(Series of 2019)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING AN EASEMENT AND A LINE EXTENSION
MODIFICATION AGREEMENT BETWEEN THE CITY OF ASPEN AND
ASPEN CONSOLIDATED SANITATION DISTRICT AUTHORIZING THE
CITY MANAGER TO EXECUTE SAID EASEMENT AND LINE EXTENSION
MODIFICATION AGREEMENT.
WHEREAS, there has been submitted to the City Council an Easement and
a Line Extension Modification Agreement between the City of Aspen and the
Aspen Consolidated Sanitation District, true and accurate copies of which are
attached hereto as "Exhibit A";
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO,
That the City Council of the City of Aspen hereby approves the Easement
and Line Extension Modification Agreement between the City of Aspen and the
Aspen Consolidated Sanitation District, copies of which are annexed hereto and
incorporated herein, and does hereby authorize the City Manager to execute said
Easement and Line Extension Modification Agreement on behalf of the City of
Aspen.
INTRODUCED, READ AND ADOPTED by the City Council of the City of
Aspen on the 8th day of October, 2019.
Torre, Mayor
I, Linda Manning, duly appointed and acting City Clerk do certify that the
foregoing is a true and accurate copy of that resolution adopted by the City
Council of the City of Aspen, Colorado, at a meeting held October 8, 2019.
Linda Mannin , City Clerk
IIIIIIIVIIIVIIIVIIIIIIIIVIIIVIIIIIIIIIIIIIVIIIVIIIVIIIIIIIVIIIIIII
RECEPTION#: 660282, R: $83.00, D: $0.00
DOC CODE: EASEMENT
Pg 1 of 15, 11/08/2019 at 03:02:05 PM
Janice K.Vos Caudill, Pitkin County, CO
LINE EXTENSION MODIFICATION AGREEMENT
THIS LINE EXTENSION MODIFICATION AGREEMENT is made and entered into this 2nd day
of October , 2019, by and between the ASPEN CONSOLIDATED SANITATION
DISTRICT, a quasi-municipal corporation of Pitkin County, Colorado (hereinafter"the
District"), and the CITY OF ASPEN, a municipal corporation of the State of Colorado
(hereinafter"Developer") (both entities together hereinafter collectively referred to as the
"Parties').
RECITALS:
A. Developer is the owner of certain real property located within the District to be
developed as an affordable housing project, known as Burlingame Ranch Phase 3, (hereinafter
the"Project").
B. District is the owner of an existing wastewater collection and treatment system
providing wastewater collection and treatment services to all property owners within the
District.
C. Developer desires to complete improvements to a park known as "Park 2,"part
of Burlingame Ranch Phase 2a project, prior to development of the Project.
D. Developer has designed a sanitary sewer line extension, approved by the
District, to serve"Building 8"of the Project, which if constructed in its current planned
location beneath Park 2, would require destruction of park improvements, should the designed
sanitary sewer line extension ("Line Extension") be installed at a future date.
E. Developer desires to redesign, construct and install said Line Extension using a
different alignment, so as to serve Building 8 of the Project prior to the Project's final approval,
which realignment allows completion of improvements to Park 2.
F. District agrees to allow Developer to redesign, construct and install said Line
Extension using a different alignment, upon the terms and conditions set forth below.
NOW, THEREFORE, in consideration of these premises and the promises of each of the
Parties as set forth below, it is agreed:
1. Develoyer's Obligations.
a. Developer agrees to pay the District all reasonable expenses incurred by District
in retaining District Engineer, District Counsel, and such other professionals to be retained by
the District in performing work related to redesign, construction and installation of the Line
Extension and review and acceptance thereof by the District. Throughout the term of this
Agreement, prior to the first day of each calendar quarter, Developer shall provide the District
with a schedule of work for the upcoming calendar quarter.
b. Developer shall be responsible for preparation, at Developer's expense, of
designs and cost estimates of the Line Extension for the Project. Developer shall reimburse the
District a sum of money determined by the District, as payment for review of the designs and
cost estimates by the District Engineer.
C. Developer shall notify or advise, in writing, all necessary local, state, and federal
agencies with jurisdiction over the Project that Developer has submitted designs for the Line
Extension.
Page 1 of 11
d. Following review of the designs and cost estimates, Developer shall prepare final
designs, based upon suggested changes, if any, from the District Engineer. The set of final
design plan documents and final cost estimates shall be delivered to the District Engineer at
least thirty (30) days prior to the award of any contract for construction and installation of the
Line Extension.
e. Developer shall use only the District pre-qualified contractors for construction
and installation of the Line Extension. If Developer desires to use a non-qualified contractor,
Developer may submit to the District Manager, a District pre-qualification form and a written
resume listing the contractor's qualifications to the District Manager for review. The District, in
its sole and absolute discretion, shall make a determination of the contractor's qualifications
within thirty (30) working days after receipt of the contractor's resume and references and
provide written notice of such determination to the Developer.
f. Developer and its contractor shall be responsible for securing any and all
necessary permits and approvals for construction of the Line Extension. The District agrees to
cooperate with Developer in obtaining all necessary permits and approvals described in the
preceding sentence. Any and all costs incurred by the District as a result of such cooperation
shall be reimbursed to the District by the Developer in accordance with the terms of this
Agreement. Developer and contractor shall be responsible for insuring all work is done in
compliance with District rules, regulations, specifications, local ordinances, and state and
federal laws, and insuring that such construction work is completed in a timely fashion.
g. Developer and its contractor shall provide District with a detailed construction
schedule for all work to be performed and shall meet regularly with the District, or its Engineer
to discuss progress of the work, schedule construction observation by the District, or its
Engineer, and keep District, or its Engineer informed as to the occurrence of any problems with
construction of the Line Extension or deviation from the approved construction plans. Within
five (5) days of an award of contract, Developer shall notify District, in writing, of the cost of the
contract for installation of the Line Extension.
h. It is mutually acknowledged and understood that Developer shall be solely
responsible for all means and methods of construction employed in constructing and installing
the Line Extension in accordance with the final design plans and specifications approved by
the District Engineer.
L Developer and its contractor shall provide all statutorily-required performance,
payment and warranty bonds for all work contemplated by this Agreement, except to the extent
that Developer can establish, to the satisfaction of the District, that such construction work or
any portion thereof is covered by a cash escrow agreement with Developer, Colorado, a copy of
which shall be provided to the District, the terms of which agreement, by addenda or
otherwise, permit the District to use such cash escrow or any portion thereof, to complete all
construction work upon the Line Extension and appurtenances thereto, as intended by this
Agreement.
j. All required performance payment and warranty bonds shall ensure that the
construction of the Line Extension was completed in full accordance with all applicable local
and District specifications, and shall warrant and guarantee the construction work on the Line
Extension for a period of two (2)years following conditional acceptance by the District, as
well as insuring that all labor and materials used in such construction work have been paid for
in full.
Page 2 of 11
k. Upon completion of the Line Extension and prior to the District issuing notice of
"Conditional Acceptance"initiating Developer's two-year warranty period, the Developer shall:
(1) provide evidence of satisfactory completion of testing of all
manholes and appurtenances thereto;
(2) provide the District with copies of all other applicable tests
performed including, without limitation, copies of any and all compaction tests
required by approved plans or as required by the District Engineer;
(3) provide evidence that all final grade adjustments required by the
approved plans or requested by District Engineer have been accomplished;
(4) secure televising and videotaping (CCTV) of the Line Extension, at
Developer's expense, through the District;
(5) complete all Project Contract"punch list" items;
(6) provide one (1) full set of preliminary"as-built"drawings for all
work completed on the Project.
Upon provision of the above items by Developer, and written notice thereof to the
District, the work shall be deemed "conditionally accepted,"commencing the two-year
warranty period; it being acknowledged and understood such Conditional Acceptance of the
Line Extension shall not begin until any and all line extensions contemplated or required to
serve the Project are completed, at which time, the District shall inspect the Line Extension
and, if acceptable, shall include the Line Extension with all other line extensions installed to
serve the Project in accordance with the contemplated, required Collection System Agreement
for Project.
1. Upon completion of the two-year warranty period, the District Engineer shall
issue "Notice of Final Acceptance"of the Line Extension for conveyance of ownership and
perpetual maintenance and repair responsibilities to the District, provided the following has
been completed:
(1) submission to the District of fully executed documents, as
approved by District legal counsel, conveying to the District all right, title and
interest in and to the Line Extension and all appurtenances thereto, except,
however, for those segments deemed the "pressure system," if any. Title to such
system, as well as perpetual maintenance, repair, and replacement
responsibility for such pressure system shall remain with Developer and its
successors;
(2) provision of evidence, acceptable to the District, that title to all
personal property to be conveyed is free from any and all liens and
encumbrances, including, without limitation, proper lien releases;
(3) submission to the District of fully executed, final amended plat or
appropriate perpetual easement documents containing dedication and
conveyance language, using standard District formats, satisfactory to the
District, giving the District the right to gain access to and the right to install,
maintain, repair and replace any or all of the Line Extension and the right to use
portions of the Project or such adjacent real property, as is reasonably necessary
to conduct the business of the District;
Page 3 of 11
(4) provision of evidence acceptable to the District that such
easements or other property rights will not be adversely affected by superior
liens, mortgages, or other encumbrances;
(5) completion of a second televising and videotaping of the Line
Extension, to be performed at Developer's expense, by the District, before the
end of the two-year warranty period;
(6) assignment to the District of any and all manufacturers'
warranties for parts and materials used in construction of the Line Extension;
(7) provision of a set of final"as-built"drawings or"record" drawings,
consisting of at least one mylar and two blueline drawings, all of which shall
bear the seal of a Registered Professional Engineer licensed in the State of
Colorado and a GIS survey of the line in place to be performed by the District, all
at Developer's cost;
(S) final completion of all work items, including surface
improvements and manholes.
in. During the course of work on the Project and, if necessary, during the two-year
warranty period, the Developer shall maintain and repair all temporary sewer lines and
appurtenances thereto, required by construction, maintenance or repair of the Project.
2. District's Obliaations.
a. District agrees to retain and make available for plan review, construction
observation, document review, and approval, a Professional Engineer who is familiar with and
shall act in accordance with the District's rules, regulations, specifications, and requirements
of wastewater collection systems (hereinafter"District Engineer"). District shall also retain and
make available for review and consultation, its legal counsel ("District Counsel"), together with
such other professionals as may be necessary to complete work on the collection system
Project, pursuant to the terms of this Agreement.
b. District agrees to perform all reviews and issue all approvals required under this
Agreement in a reasonable and timely fashion.
C. District shall maintain all monies paid by Developer pursuant to the terms of
this Agreement in an interest-bearing District account. District reserves the right to prepare a
final accounting of construction costs, District Engineer's fees, and District Counsel fees,
together with a final accounting of all rates, fees, tolls, and charges imposed by the District,
based upon the actual costs incurred by the District and the final configuration of the Line
Extension for the Project. If the actual amount of funds determined by the District to be due
and owing from the Developer exceeds the amount previously paid by Developer hereunder,
District shall bill Developer for the difference and Developer agrees to pay District said amount
within thirty (30) days of receipt of such bill. Any and all amounts of rates, fees, tolls, or
charges imposed by the District pursuant to this Agreement which remain unpaid by Developer
or its successors after thirty (30) days following receipt of a bill therefor shall be deemed a
superior perpetual lien upon all future Developer wastewater services. In no instance, shall the
Developer be relieved of any obligation to pay the District in full for uncollected rates, fees, tolls
and charges, together with penalties and interest thereon. In addition, the District reserves any
and all rights it may have to disconnect or otherwise block wastewater collection service from
the Developer's property served by this Project.
Page 4 of 11
If the actual amount of funds determined by the District to be due and owing
from the Developer is less than the amount previously paid by Developer hereunder, the
District shall reimburse the Developer for the difference, within thirty (30) days of issuance of
final acceptance.
It is mutually acknowledged the amount of funds determined by the District to
be due and owing to the District from the Developer pursuant to this Agreement, throughout
the performance of this Agreement, are ESTIMATES ONLY.
d. Neither the District nor the Developer shall be responsible or deemed to be in
default under this Agreement on account of delays in the performance of this Agreement due to
causes beyond the District's or Developer's control, as the case may be, and not occasioned by
their fault or negligence, including, but not limited to, fires, floods, explosions, earthquakes;
serious accidents of third Parties; strikes, riots, or insurrections; irreparable damage to sewer
lines; any act of any government, governmental priorities, acts of God, or other public entity;
failure of transportation; quarantine restrictions; or labor troubles causing cessation, slow-
downs or interruptions of work provided any and all costs are beyond the District's or
Developer's control, as the case may be. Any Party invoking the provisions of this
subparagraph (d) shall provide appropriate notice, per paragraph 10 below, to the other Party.
3. Service Connections.
a. If so required by circumstances, the Developer shall install all individual service
connections to the Collection System within the Project in accordance with the District's rules
and regulations in effect at the time such connections are made.Total collection fees or other
rates, fees, tolls, and charges of the District for such individual connections shall be paid in a
manner prescribed by the District's rules and regulations.
b. Developer shall have the right to install "stub-outs" for service connections to
any or all lots in the Project, at Developer's expense. Prior to the time of installation of any
stub-uut, Developer, fui itself ui acting un belialf of putential, future users, shall pay to the
District forty percent (40%) of the estimated current total connection fee then in effect, for that
particular lot, known hereinafter as the"stub-out fee."
C. When stub-outs are installed, Developer's engineer shall be responsible for
establishing both the stub-out connection point and the point marking the end of the stub-out,
with surveyed tie-ins for both points with two (2) swing ties from the nearest permanent feature
such as a manhole or fire hydrant. The service line stub-out shall be extended to the
individual parcel to be served, laid at the proper legal grade to a point identified by the
approved plans, and extended above the surface of the ground and capped for future testing
and location. The location of all stub-outs shall be field confirmed with the District's Engineer
prior to covering any such stub-out, and all information relating to the survey tie-ins of the
above-referenced stub-out points shall be preserved in pian form on a separate mylar, to be
provided to the District within ninety (90) days of installation of said stub-out.
If Developer for itself or acting on behalf of potential, future users, elect not to
use a previously installed stub-out:
(1) the existing stub-out shall be excavated and capped off at the
District's main, at Developer's or its successor's expense; if this task is not
accomplished, the District shall have the right to perform this work, at
Developer's or its successor's expense and bill Developer or its successor for
such work; and
Page 5 of 11
(2) Developer for itself or acting on behalf of potential, future users,
shall lose the credit of the forty percent (40%) total connection charges
previously paid and shall pay for a new total connection charge for the residence
or other structure not utilizing previously installed stub-outs, at the rate in
effect at the time the tap is to be made.
d. In all other situations, a total connection fee due for any lot shall not be capped
or fixed and the balance shall be computed in accordance with District rules and regulations
and total connection fee rates in effect at the time the balance of such fee is paid.
4. Oversizing.
a. It is mutually acknowledged and understood that Developer shall be responsible
for the cost of installing 8-inch internal diameter main collection lines within the Project's Line
Extension.
b. For any portion of the Line Extension, which District, in its sole discretion,
requires a larger size pipe, the District shall reimburse or otherwise pay the Developer for the
difference in cost between an 8-inch pipe-size and the desired larger diameter pipe-size.
Reimbursable costs shall be for the material costs of the pipe only, which costs shall be derived
from at least three competitive bids. Written proof of bids and a statement for the actual cost of
the oversized pipe installed shall be provided to the District prior to the District becoming
responsible for any oversizing payments hereunder. The District shall have a reasonable time
not to exceed thirty (30) days within which to make payments, properly billed, hereunder.
S. System Impacts. The Parties hereto mutually acknowledge construction of the
Collection System for the Project may have impacts upon the District's existing public sanitary
wastewater collection system, such impacts shall be addressed by Developer depositing funds
in an account with the District on a proportionate basis, if determined necessary in the sole
discretion of the District.
6. District's Estimates. It is mutually acknowledged the amount of funds determined by
the District to be due and owing to the District from the Developer pursuant to this Agreement,
throughout the performance of the Agreement are "made in good faith."
7. Status of Accounts. For all accounts established and maintained by the District
pursuant to this Agreement, if any, the District agrees to provide Developer with account
statements, showing the status of the funds maintained in said accounts. The Parties mutually
acknowledge the District is a governmental entity and therefore its financial statements are
subject to the statutory requirement of an annual audit. The District covenants that it will
direct its auditors, on an annual basis, to specifically address the status of all such accounts
by means of a detailed note to the District's annual audit report.
S. Rules and Regulations. Except to the extent that terms of this Agreement are
inconsistent therewith, in which case the terms of this Agreement shall be deemed controlling,
any and all provisions of the District's rules, regulations, and specifications regarding
installation of the Collection System, District System Improvements connection thereto, and
use thereof shall apply to the Developer, and its agents, independent contractors, related
Parties, successors and assigns.
Page 6 of 11
9. Insurance. The Developer or its contractors and subcontractors shall provide the types
and amounts of liability insurance not less than the following:
a. Worker's Compensation: Statutory
b. Employer's General Liability: $2,000,000.00, each person
C. Comprehensive General Liability:
(i) Bodily Injury: $1,000,000.00, each person
$2,000,000.00, each occurrence
(ii) Property Damage: $1,000,000.00, each occurrence
$2,000,000.00, annual aggregate
d. Comprehensive Automobile Liability:
(i) Bodily Injury: $1,000,000.00, each person
$2,000,000.00, each occurrence
(ii) Property Damage: $1,000,000.00, each occurrence
$2,000,000.00, annual aggregate
C. Excess (Umbrella) Liability Coverage: $3,000,000.00
Notwithstanding any of the language of the Agreement to the contrary, any and all
insurance policies required by the Agreement shall be "occurrence basis"policies, and
each shall name the District as an "additional insured."
10. Miscellaneous.
a. Relationship of the Parties. By entering into this Agreement, the Parties are not
creating, and shall not be deemed or construed as creating a joint venture, partnership,
authority, or any other type of legal relationship, and each Party shall remain a separate and
distinct entity for all purposes under this Agreement. Neither the fact of the existence of this
Agreement nor the Parties'performance of this Agreement shall in any manner alter either
Party's statutory and common law rights, powers, duties, and authorities, except to the extent
expressly set forth in this Agreement.
b. Headings and Cautions. The headings and captions used in this Agreement are
for the convenience of reference only and do not form a part of this Agreement.
C. No Third Party Rights. This Agreement is not intended to, and shall not, confer
rights on any person or entity not named as a Party to this Agreement, expressly including
enforcement of any of the terms and conditions of this Agreement; all rights of action relating
to such enforcement shall be strictly reserved to the Parties.
d. Counterparts. This Agreement may be executed in counterparts and by facsimile
or electronically by PDF, each of which shall be deemed an original and all of which shall
constitute one and the same instrument.
C. Assignment. This Agreement shall not be assignable by either Party hereto
without the prior written consent of the other Party.This Agreement may only be assigned in
whole and not in part. Any purported assignment in violation of the foregoing shall be void.
f. Successors and Assigns. This Agreement, including, without limitation, all such
terms and conditions hereof as survive termination, shall be binding upon and inure to the
benefit of the Parties hereto and their respective successors, assigns, heirs, personal
Page 7 of 11
representatives and any entities resulting from reorganization, consolidation or merger of any
Party hereto.
g. Severability. If any covenant, term, condition or provision under this Agreement
shall, for any reason, be held to be invalid or unenforceable, the invalidity or unenforceability
of such covenant, term, condition or provision shall not affect any other provision contained
herein, the intention being that such provisions are severable.
h. Non-Waiver. No waiver of any breach of any one or more of the conditions or
covenants in this Agreement and no waiver of any condition or covenant in this Agreement by
any Party shall be deemed to imply or constitute a further waiver of any other like breach or
condition or covenant. No waiver shall be effective unless evidenced by a writing.
L Survival. All of the terms and conditions of this Agreement concerning
indemnification, termination, remedies and enforcement of executory provisions or payments
due and owing hereunder, shall survive termination of this Agreement.
j. Governmental Immunity. Nothing contained herein shall be deemed or
construed as a waiver or is intended to waive any protections which may be applicable to the
Developer or the District or their respective officers and employees under the Governmental
Immunity Act, C.R.S. § 24-10-101, et seq., or any other rights, protections, immunities,
defenses or limitations on liability provided by law, and subject to any applicable provision of
the Colorado Constitution and applicable laws.
k. Counterparts. This Agreement may be executed in counterparts and by facsimile
or electronically by PDF, each of which shall be deemed an original and all of which shall
constitute one and the same instrument.
1. Merger/Entire Agreement. This Agreement contains the entire understanding
and agreement between the Parties herein with respect to the transactions contemplated
hereunder and any and all prior agreements, written or oral, are merged herein. This
Agreement may be altered and amended from time to time, only by a written instrument
executed by each of the Parties hereto.
M. Effective Date. This Agreement is effective as of the date the latter of which Party
signs this Agreement.
n. Legal Compliance. In performing the terms of this Agreement, the Parties shall
comply fully with all applicable federal, state, and local laws, rules, regulations, ordinances,
resolutions, or operating procedures.
o. Dispute Resolution. In the event of any action for breach of or to enforce the
provisions of, or otherwise involving any and all disputes or claims arising under or relating to
this Agreement shall be submitted first to mediation. The Parties shall share equally the
mediator's fees and costs associated with the mediation and each Party shall pay its own
attorneys'fees, costs, and expenses related to the mediation. If the dispute is not resolved by
mediation, either Party may commence a Court proceeding, with jurisdiction and venue lying
exclusively in the District Court for the County of Pitkin, State of Colorado. Each Party waives
its right to have such dispute decided by a jury trial. The prevailing Party shall be awarded its
reasonable attorneys'fees, costs, and expenses, including any attorneys'fees, costs, expert
witness fees and other reasonable expenses incurred in collecting or executing upon any
judgment, order or award.
Page 8 of 11
p. Parties'Warranties. The Parties hereby represent and warrant that all actions
necessary to authorize execution of this Agreement, have been taken by each Party and that
the person executing this Agreement on behalf of each Party, is duly authorized to do so and
bind each Party to all of the terms, conditions and covenants contained herein.
q. Further Acts. Each of the Parties agree to execute, acknowledge and deliver such
further instruments, documents or certificates and do all things and acts as the other Party
may reasonably require in order to carry out the intention of this Agreement and the
transactions contemplated hereby. If this Agreement is terminated by any actions of the
Parties, any and all executory obligations of either Party shall remain in full force and effect.
11. Notices. All notices, requests, and other communications hereunder shall be in writing
and shall be deemed to have been duly given upon delivery thereof, by hand, to the appropriate
addresses hereinafter set forth, as evidenced by a signed receipt for same, or as of the second
business day after mailing, by United States Certified Mail, Return Receipt Requested, postage
prepaid, addressed as follows:
(a) To Developer:
City of Aspen
130 South Galena Street
Aspen, CO 81611
(b) To District:
ASPEN CONSOLIDATED SANITATION DISTRICT
565 N. Mill St.
Aspen, CO 81611
With a copy to:
Robert Tibbals, Jr., Esq.
P.O. Box 3112
Englewood, Co 80155
Page 9 of 11
12. Release Upon Assignment/Transfer. In the evert Developer assigns or transfers its
interest in the Project prior to the completion of all the work referred to above, Developer shall
provide written notice to the District thereof and be forever and finally released and discharged
from ani-further liability or obligation under this Agreement and the District agrees :o look
soler- to the assignee for the performance of all covenants.. obligations, terms and conditions
and for any breach therco .
IN WTT1tESS WHEREOF, the Parties hereto have executed this Agreement the dais and year first
above written.
Aspen Co olidated Sanitation District
Attest: By: jU.t
Title: "
S15c-�e"-
ST,kTE OF COLORADO i
ss.
COUNTY OF PITKIit )
Subscribed to and sworn before me this 'Ir�day of rJ a �J 2019. by
�Z k of {'�t (r- (,r-f , as Chairman and o i.1
as Secretary of the Asaen Consolidated Sanitation District. V 141
. SEAL.
ic.k r,� -AAAn (ti
Notary Public
=NOTARY
HERLY .
BLIC
ORADO My Commission expires:
14017W
IRES 11J31I2019
Page 10 of 11
Developer: City of Aspen
Attes�C IN �,Ljwt(/1 ^ Title: �' tA/ A t�;L r�"�•t 'jr
Title: City Clerk
STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
Subscribed to and sworn before me this�day of e , 2019, by
1Zt , as M 01ft V-- and
A , as City Clerk of City of Aspen.
[ SEAL] ��/�,V��W��� , • �
i TA A L. NELSON Notary Public
NOTARY PUBLIC
JAWMy Commission expires: 1
aa^',.;;...+.'C �sS►..piember25,2bi7
��v.•...r..rr�M1i�I.���M...d.y
Page 11 of 11
Exhibit A - Easement and Line Extension Agreement
EASEMENT
THIS EASEMENT is made this 2nd day of October , 2019 , by and between
the City of As en (hereinafter
referred to as "Grantor") and the Aspen Consolidated Sanitation District, a quasi-
municipal corporation of the State of Colorado within the County of Pitkin (hereinafter
referred to as "District").
WITNESSETH
That for and in consideration of the sum of TEN DOLLARS ($10.00) and other good
and valuable consideration paid by District to Grantor, the receipt of which is hereby
acknowledged, the Grantor does hereby grant and convey unto the District, its successors
and assigns, an exclusive perpetual easement, twenty (20) feet in width, and a right
therein to construct, install, remove, replace, add to, maintain,
repair,
ai thereto, ateas ,c asefor
aor
lter underground sewer lines, manholes, and appurtenances
ingress and egress over and across such easement; together with any and all necessary
rights-of-way for convenient ingress and egress thereto and therefrom, and the right to
occupy and use, from time to time, as much of the adjoining land of the Grantor as may
be reasonably be necessary for any of the aforsaid purposes, over, under and across the
following described premises, situate in the County of Pitkin, State of Colorado, to-wit:
located on certain parcel of land owned by the Grantor, situated in the City of Aspen
County of Pitkin, Colorado, described in Book 102, Page 69, of the records maintained by
the Clerk and Recorder of Pitkin County, and more particularly described as:
SEE ATTACHED EXHIBIT A
20'WIDE SANITARY SEINER'EASEIVIENT DESCRIPTION
A 20 FOOT WIDE SANITARY SEWER SEFLING NO.(FINAL SUBDIVISION PLAT ON PORTIONS OF -SECOND AMENDMENT AS RECORDED AS RECEPTION NO.
B AND TRACT 3, ACCORDING TO THE FINAL PLAT OF
BURLINGAME RANCH AFFORDABLE HOUU SINGG,
598456 OF THE PITKIN COUNTY RECORDS.SAID EASEMENT SITUATED IN SECTION 2,TOWNSHIP 10 SOUTH. RANGE 85 WEST OF THE SIXTH
PRINCIPAL MERIDIAN AND IS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAIL; PARK B. THENCE S.B1°25'2ALONG
NG SAIDSOUTHERLY BOUNDARY AND SOUTHERLY
BOUNDARY LINE EXTENDED OF SAID PARK B, A DISTANCE OF 90.91 FEET:THENCE LEAV
BOUNDARY LINE EXTENDEDS.7`21'79'.E,ADISTANCE OF 70. 1,17.53 FEET TO A POINT ON THE RIGHT-OF VJAY h9 NINGCE OF 20.00 FEET:THENCE ISTOCK
DISTANCE OF 89.91 FEET;THENCE N.81°25'21".E,A DISTANCE OF
PARKWAY; THENCE ALONG SAID WESTERLY 5*3HIT-OHA CHORD BEARING OF S.5°5749"AY 20.04 FEET ALONG THE RE FOR A DISTANCE OF 20.03C OF A CURVE To THE 1FEET To THE POINTOF
OF 192.50 FEET AND A CENTRAL ANGLE OF 5`35
BEGINNING.SAID SANITARY SEWER EASEMENT CONTAINING 0,000 SQUARE FEET,MORE OR LESS.
Grantor warrants that the Grantor has the lawful right to grant such an easement,
rights-of-way, and sewer mains and that the Grantor, and any successors and assigns,
will, at no time, permit any building or other permanent improvement to be hereafter
constructed over said easement.
Following the completion of the purpose of any entry by the District upon said
easement for any of the aforesaid objects, the District shall restore the premises to
substantially the same condition existing at the time of entry thereon, except for trees,
shrubs, plants, sidewalks, driveways, parking areas, or structural encroachments,
whether temporary or permanent, thereon located or damaged thereby, including, but not
by way of limitation, fences, decks, and landscaping structures.
The parties hereto acknowledge this easement is granted in exchange for an
existing substantially identical easement to be abandoned to Grantor. Grantor
acknowledges and agrees the surface of this easement, while it may be landscaped, shall
be landscaped in a manner approved by the Grantee, so as not to interfere with Grantee's
need for access to Grantee's facilities for all purposes contemplated by this agreement.
IN WITNESS WHEREOF, the parties hereto have set there hands and seals the day
and year first above written.
Attest: GRANTOR:
iii '--( �• tr By
Title y Title _
STATE OF COLORADO)
) ss:
COUNTY OF PITKIN )
he foregoin EASEMEN20D��(ED �
b wa subscPbed and sworn,to before me this
day of
C
od,1•,AilfL Vl and by as
of
Witness my hand and official seal.
1�7My commission expires , ' TAi--�a I-, 1,1E..S(='•� r
r :LGiRAD i
1 4;,:r ,17
Notary Public h 6
EXHIBIT A
SANITARY SEWER EASEMENT
BURLINGAME RANCH PHASE II
BUILDING 8 SANITARY SEWER MAIN
A TRACT OF LAND SITUATED IN WEST HALF OF SECTION 2,TOWNSHIP 10 SOUTH,RANGE 85 WEST OF THE 6TH P.M.,
CITY OF ASPEN,COUNTY OF PITKIN,STATE OF COLORADO.
SHEET 1 OF 1
\
7—
DESCRIPTION AREA A 1 \
64,245 sq.ft /
1.475 acres w \
(BK.105 PG.63)
w6
a
o •r
6
DESCRIPTION AREA C
52,365 sq.ft
1.202 acres
(BK.109 PG.49) `t 3 PARK B
22,410 Sq Ft
0.514 Ac.
EXISTING 20-FT EASEMENT PER
REC.#598456
VACATED PER THIS
INSTRUMENT
1 / L=20.04' `
25121111.53, R=192.50' \
�.
T=10.03' \
p 5°57'49" •�
�J r CD=55°35'4 'E
C=20.03'
581'2512 90.91' 45'ROW
— — MINING STOCK
BURLINGAME RANCH POINT OF PARKWAY
TRACT 3 BEGINNING
187,421 sfI 1 SOUTHEAST
I 4,302 acres 4 M
ryl I o CORNER OF PARK B
` W SCALE V =40'
zI
o,
r+ CONDOMINIUM 5TH
20'SANITARY SEWER '" SUPPLEMENT
EASEMENT n PARCEL 1
(HATCHED AREA) (BK.85 PG.48)
582°38'41"W 20.00'
20'WIDE SANITARY SEWER EASEMENT DESCRIPTION
A 20 FOOT WIDE SANITARY SEWER EASEMENT LOCATED ON PORTIONS OF PARK B AND TRACT 3, ACCORDING TO THE FINAL PLAT OF
BURLINGAME RANCH AFFORDABLE HOUSING,FILING NO.1 FINAL SUBDIVISION PLAT-SECOND AMENDMENT AS RECORDED AS RECEPTION NO.
598456 OF THE PITKIN COUNTY RECORDS.SAID EASEMENT SITUATED IN SECTION 2, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE SIXTH