HomeMy WebLinkAboutresolution.council.011-02 RESOLUTION # 11
(Seie of 2002)
r s
A RESOLUTION APPROVING A PARKING EASEMENT OVER LOT 5 OF
THE TRUSCOTT PLACE APARTMENTS PROPERTY FOR THE PARKING
AND ACCESS pRIVILEGES OF THE TRUSCOTT PHASE II LLLP AND
ASSOCIATED TENANTS
WHEREAS, on September 14, 200!, the City of Aspen sold properties
cormnonly known as "Phase II" of the Truscott Place Apartments expansion
project, including existing occupied 200 and 300 residential buildings and land on
which to develop additional res!dential units, to a partnership known as Truscott
Phase II, LLLP; and
WHEREAS, the property holdings of Truscott Phase II, LLLP do not
include ownership of property dedicated to parking and/or existing parking
associated with Truscott Place Apartments or the golf course; and
WHEREAS, the residents of properties held by Truscott Phase II, LLLP
require parking and access privileges via the property held by the City of Aspen
that may be granted through a parking easement; and
WHEREAS, such dedicated parking and access privileges are
required to obtain bonds, tax credit financing, and construction loans for the
construction work associated with Phase II of the Truscott expansion project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO:
Section 1
That the City Council of the City of Aspen hereby approves that parking
easement substantially in the form of Exhibit A appended hereto and that it be
granted to Truscott Phase II, LLLP over lot 5 to allow parking and access
privileges to Truscott Phase II, LLLP and its' associated residents for 40 years
fi.om the date of this Resolution, a copy of which is annexed hereto and
incorporated herein,
._ /
," ~-i e~enXy,;.at~lT,an demd, Mayor
I, Kathryn S. Koch, 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 February 11, 2002
ratl~ S7 K~)c~; City Clerk
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EXHIBIT A
Legal Description of Truscott Tract
(To be a~ached)
EXHIBIT B
Legal Description of City Tract
(To be attached)
EXitlBIT C
Depiction of Truscot~ Tract and City Tract
(To be attached)
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$[LVI~ D~VIS PITKIN COUNTY CO R ~.00 ~ 0.90
Trascott Lot 5 Parking Easement 4 of 4
EXHIBIT A
LEGAL DESCRIPTION OF TRUSCOTT TRACT
Lot 3. The Aspen Golf Course Subdivision. according to the Plats thereof recorded June 20. 1985
m Plat Book 17 at Page 34 as Reception No. 269092 and as Amended by Plat recorded May 19.
1994 in Plat Book 34 at Page 51 as Reception No. 370200 and Amended by Plat recorded Aprii
29, 1998 in Plat Book 44 at Page 84 as Reception No. 416226, and Th/rd Amended Plat of the
Aspen Golf Course Subdivision recorded February 23, 2001 in plat Book 56 at Page 72 as
Reception No. 451795.
County of Pitkin, State of Colorado
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SILVIA D~V~$ PITNIN COUNTY CO R 65.00 O 0,00 i~
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SILV/~ DAVIS PITKI~ COUNTY CO R 65.0~ D ~.00
~SILVZR DAVZS PITKIN COUNTY CO R 65.ee o o.ee
W,×I--IIBI? C
DEPICTION OF TRUSCOTT TRACT & CITY TRACT
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L~'l
luprl
GRAPHIC SCALE
200 0 100 200
SOPRIS ENGINEERING - LLC ( IN FEET
CFy'IL CONSULTANTS ~. inch = 200
502 ~UN STREET, SUITE A3
CARBONDAL~, COLORADO 8/.6:~3
(970) 704-0311
BXI'LIBIT B
LEGAL DESCRIPTION OF CITY TRACT
Lot 5, Thc Aspen Golf Course Subdivision, according to the Plats thereof rcoorcled ,rune ~10, 1985
in Pla Book 17 at l~a~ 94 as Reception No, 269092 and as Amend,'d by PIa~ recorded May 19,
199,i in Plat Book 3~ at Page ~ l.as Reeeptio~ No. 370200 ~d Amended by Plat recorded April
29, 1998 in Plat Book 4,I at Page 84 as P~eptton No. 416226, and Third Amended Plat of' the
Aspen Golf Cours~ Subdivision recorded Februm'y 23, 2001 in plat Book 56 at Pal~¢ 72 as
R~eeption No. 451 ?95.
County of Pitl~, State of Colorado
PARKING EASEMENT
THIS AGREEMENT is made as of the o,9,~4~day of ~/~ ,2002, by and
between Tmscott Phase 1/, LLLP, a Colorado limited liability limited partnership ("Truscott"), and
the City of Aspen, a public body corporate and politic of the State of Colorado ("City").
RECITALS
A. Tmscott is the owner of the parcel of land described on Exhibit A and depicted on
Exhibit C, both attached hereto (the "Tmscott Tract'').
B. The City is the owner of the parcel of land described on Exhibit B and depicted on
Exhibit C, both attached hereto (the 'iCity Tract")·
C. The City desires to grant certain easements to Tmscott for parking and pedestrian
and vehicular ingress and egress over the parkifig 16i'and related access points located on the City
Tract.
NOW, THEREFORE, in consideration of the mutual covenants and conditions
contained herein, the parties hereby agree as follows:
I. Upon and subject to the terms and conditions set forth herein, the City hereby
gives, grants and conveys to Tmscott, as an appurtenance to the Tmscott Tract and running with
the land, a non-exclusive easement in and on the City Tract for the purpose of the passage and
parking of Vehicles and the passage and accommodation of pedestrians on, over and across the
parking, driveway and sidewalk areas thereon, as the same may from time to time be constructed
and maintained for such USes (the "Easement Areas'') The parking easement granted hereby shall
be for forty-two (42) vehicles. Subject to Section 4 hereof, ~t all times during the Term (as defined
below) and any extension thereof, not less than forty-two (42) parking spaces shall be available to
Tmscott on the City Tract.
2. The easement granted herein by the City shall continue in effect for forty (40)
years commencing on the date of this Agreement (the "Term") and may not be terminated for any
reason prior to the expiration of the Term without Tmscott's prior written consent. Provided that
Tmscott is in substantial compliance with the terms and provisions hereof, Tmscott shall have
the option to extend the Term for one additional five (5) year period (the "Extension Option"). In
order to exercise the Extension Option, Tmscott shall give written notice of such exercise to the
City at any time on or before sixty (60) days pr/or to the expiration of the Tenn.
3. Tmscott shall be responsible for maintaining, repairing and replacing its
proportionate part of the Easement Areas in a good state of repair and condition and in such
manner as may be reasonably necessary to allow parking and the uninterrupted flow of,
pedestrian and vehicular ingress, egress, and access; provided that upon request by Truscott, the
City shall conduct such maintalnence, repair or replacement on behalf of Tmscott. If the City
C:LHome~AttachXparking EaSement Agmt.3.20.02.doc
conducts any maintainence, repair or replacement on behalf of Truscott, promptly following
receipt by Truscott of an invoice therefore together with reasonable supporting documentation,
Truscott shall reimburse the City for the costs thereof. The parties agree that Truscott's
proportionate part of the costs of maintainence, repair and replacement of the Easement Areas
shall be the ratio that forty-two (42) bears to the total number of parking spaces on the Easement
Areas.
4. The Easement Areas shall be maintained in approximately the same configuration
as shown on Exhibit C. No fence or other barrier shall be erected or permitted within or across
any portion of the City Tract that could prevent or obstruct the passage of pedestrian or vehicular
travel; provided, however, that the foregoing shall not prohibit the temporary erection of
barricades which are reasonably necessary for security and/or safety purposes in connection with
the construction, reconstruction, maintenance, repair and replacement of the Easement Areas
subject to at least forty-two (42) parking spaces being available to Truscott on the City Tract or at
a reasonable alternative location at all times during the Term and any extension thereof.
5. The right to use the Easement Areas shall extend to Truscott's agents, employees,
tenants, subtenants, and any other persons occupying the Truscott Tract with Tmscott's consent.
6. Tmscott shall protect, defend, indemnify and hold harmless the City from and
against any and all claims, causes of action, suits, proceedings, losses, liabilities, damages,
awards, costs, fees and expenses, of any nature, including, without limitation, reasonable
attorneys' fees and all court costs (collectively, "Claims"), related to, arising out of or attributable
to, in any way, Truscott's or its agents', employees' or tenants' or its or any of their respective
guests', invitees' or licensees' use of or presence on the Easement Areas and whether any such
Claim is for injury to any person or property or othenvise, except to the extent any Claim arises
out of the negligence or willful misconduct of the City or any of its agents, employees,
contractors, invitees or licensees.
7. Truscott shall, at its sole expense, procure and maintain at all times during the
Term and any extension thereof a policy of general liability insurance in such amount as shall be
reasonably acceptable to the City, which policy shall name the City as an additional insured and
shall provide that it may not be cancelled without at least thirty (30) days prior written notice to
the City. Truscott shall furnish the City with a certificate of such insurance from time to time
upon request by the City.
8. This instrument may be executed in two or more counterparts, each of which shall
be deemed an original but all of which together shall constitute on and the same instrument. The
covenants and agreements herein contained shall mn with the land, and shall be binding upon
and inure to the benefit of the parties hereto and their respective successors and assigns.
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C:h~IomeXAttach~Parking Easement Agmt.3.20.02.do~2-
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the date set forth above.
TRUSCOTT PHASE II, LLLP
By: Aspen/Pitkin County Housing
Authority, its general partner
Its
CITY OF ASPEN, COLORADO
465558 Its
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STATE OF COLORADO )
) SS.
COUNTY OF PITK1N )
AsperFPitkin County Housing Authority, the general partner of Tmscott Phase II, LLLP, a
Colorado limited liability limited partnership, on behalf of said partnership.
C:~Home~Attach~Parking Easement Agmt.3.8.02.doc-3-
STATE OF COLORADO
COUNTY OF PITKIN
The foregoing instrument was acknowledged before me this c~5~day of
. ~_ ,v'cJ, q ,2002 by ~ ,I..~ob~./~ ~ c,,, ~(~e ~[~~_, of the City of
Asp;n, Colorado, a public body~e aTn~l'~(~l~tl'~ of the Stat~ of Co~)~'It~; on behalf of said
THIS INSTRUMENT WAS DRAFTED BY:
Faegre & Benson (KNW)
2200 Wells Fargo Center
90 South Seventh Street
Minneapolis, MN 55402
Phone: (612) 766-7000
M1:817984.02
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EXHIBIT A
LEGAL DESCRIPTION OF TRU$COTI' TRACT
Lot 3. The Aspen Golf Course Subdivision. according to the Plats thereo[ recortted June 20. 1985
in Plat Book ] 7 at Page 34 as Reception No. 269092 and as Amended by Plat recorded May 19.
1994 in Plat Book 34 at Page $1 as Reception No. 370200 and Amended by Plat recorded April
29, 1995 in PSat Book 44 at Page 84 as Reception No. 416226, and Third Amended Plat of the
Aspen Golf Course Subdivision recorded Februsry 23, 2001 in plat Book 56 at Page 72 as
Reception No. 451795.
County of Pitkin, State of Colorado
r~, LO, LUUL. ~'?~l~ ~,
994 in Plat ~ook
~o~on NO. 451~95,
CO~ o~, ~ of Colo~do
EXHIBIT C
DEPICTION OF TRUSCOTT Tt~ACT & CITY TRACT
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SILVI~ D~VI$ PITKIN COUNTY CO R 65.~ D ~,~
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