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Home My WebLink Aboutcoa.ea.Gibson Ave.sidewalk 1005 378732 B77 i tk_ "P_368 02/03/95 03:23P PIG"e OF' 5 REC DOC SILVIA DAVIS PITN,IN COUNTY CLERK & RECORDER 25. 00 SIDEWALK EASEMENT AGREEMENT THIS EASEMENT AGREEMENT, made and entered into this - J A day of February, 1995 by and between Douglas P. Allen, ("Grantor") and THE CITY OF ASPEN, COLORADO, a municipal corporation of the State of Colorado ("Grantee"). WITNESSETH: WHEREAS,Grantor is the record owner of certain real property in the City of Aspen,Pitkin County,Colorado,abutting Gibson Avenue and,such real property being more particularly described in book 658 page 784 , on file at the Pitkin County Clerk and Recorders office; and, WHEREAS, Grantee desires to construct a municipal sidewalk which will be located partially within the Gibson Avenue public right-of-way and partially within the subject property; and, WHEREAS, Grantee desires to obtain from Grantor a permanent non- exclusive easement and a temporary construction easement along Gibson Avenue, and Grantor is prepared to grant such easements, all upon the terms and conditions hereinafter set forth. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, and for other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged,the parties agree as follows: 1. Grantor hereby grants and conveys unto Grantee A permanent non-exclusive sidewalk easement over,upon and across that portion of the Subject Property as more particularly described in Exhibits A and B attached hereto and made a part hereof by this reference. Said easements shall be used for purposes of constructing, installing, maintaining, repairing, removing and replacing a sidewalk and any necessary retaining walls. 2. Grantor hereby further grants and conveys unto Grantee a temporary construction easement over portions of the Subject Property to allow for over excavation for the purpose of installing the proposed timber retaining wall as originally designed by BANNER ASSOCIATES, INC. in conjunction with the Neale Avenue Sidewalk Project Construction Plans dated May 1994. Said temporary construction easement shall forever expire one year after commencing construction. 3. The foregoing easement grants are made, and Grantee hereby accepts the same, on the following express terms and conditions: (a) Grantee's sidewalk, curb, gutter, retaining wall, and all associated facilities shall be constructed, installed, and operated in a good, safe and workmanlike manner, in compliance with 378732 B-TiY P--369 02/03/95 03:23P IDb"'12 OF 5 all laws and building codes, in such manner as to avoid damage to or destruction of any part of the Subject Property lying outside of the Easement areas, and at Grantee's sole cost and expense. Grantee, to the extent permitted by law, shall be solely responsible for, and shall hold Grantor harmless from, all injuries to persons or damages to property that occur as a consequence of Grantor's construction activities within the easements granted herein. (b) Upon completion of construction of the sidewalk and curb and gutter, Grantee agrees to return the easement area to its original grade,to reseed the area with native grass and wild flower mix agreed upon by Grantor, to repair or replace any surface vegetation or structures within the temporary easement area that may be damaged during construction, and to rebuild to its original condition. All affected property corners along Gibson Avenue shall be permanently reset by Grantee following completion of construction of the sidewalk. (c) Grantee shall not place, store, keep or otherwise permit any equipment or materials on the subject easement areas except during such times as Grantee's employees or agents are physically present and conducting activities permitted under this Easement Agreement. (d) This Easement Agreement is not intended and shall not be construed to grant any access,easement or other user rights to Grantee over, across or upon any other portion of the Subject Property except the easement areas specifically described on attached Exhibits A and B. (e) Grantee agrees to notify Grantor in advance of those dates and times that Grantee, its employees or agents, shall enter upon the easement areas to undertake any excavations thereon. (f) The permanent sidewalk easement granted herein shall be perpetual unless Grantee or its successors or assigns shall violate any of the terms or conditions set forth herein, and such violation continues for a period of 30 days following delivery of written notice of the violation by Grantor to Grantee, in which case the sidewalk easement shall automatically and forever terminate. (g) All rights to the Subject Property that are not specifically granted herein to Grantee shall remain the separate and exclusive property of Grantor and Grantor's successors and assigns forever. (h) The easement granted herein shall have no effect, either present or future, on the permitted F.A.R. for the Subject Property, and all building setbacks shall continue to be measured from the exterior boundaries of the Subject Property, as if the herein granted easement did not exist. 4. In the event of any litigation between the parties hereto involving the interpretation or enforcement of this Easement Agreement,the prevailing party shall be entitled to an award of its reasonable attorneys' fees and cost incurred therein. 5. This Easement Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns forever. 378732 B-773 Fir-=370 02/03/95 03:23P PIG 3 "'OF 5 IN WITNESS WHEREOF,the parties have hereunto set their hands and seals as of the day and year first above written. GRANTOR: DOU P. ALLEN Dou P. Allen STATE OF ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me by Douglas P. Allen this day ofFebruary, 1995. (�'' s�,i hand and official seal. ion expires Approved as to Form: City Attorney's Office �iBIT A _it yuenr g Louis t teSurveyi �Y ±0040 West Sopris:-Creek Road _ .x Basalt,' Colorado 81621 - _ GIBSON AVE. SIDEWALK EASEMENT An easement for the construction of Public sidewalk and its' appurtdnances situated in Section 7, Township 10 South, Range 84 West' of the Sixth Principal Meridian, extending along the southwesterly side of Gibson Ave. , as constructed and in place within. the City of Aspen, Between the Rivers Edge Condominium and the Pitkin County Property westerly thereof , said easement is more fully described as follows : 0 ._Beginning at a point on the westerly boundary of the Rivers Edge Condominium as recorded in Plat Book 35 at page 23 , of the Pitkin .d- County Official Records , said point being North 10 Degrees 00 0 Minutes 37 Seconds West , 1013 .26 feet from the South Quarter CL Corner of said Section 7, (a 1954 Bureau of Land 'Management Brass CL Cap Monument) ; -, thence North 19 Degrees 31 Minutes East , 13 . 16 feet to the curb as constructed and in place on the southwesterly side of said Gibson Ave. ; , thence northwesterly along said curb the following 5 courses : North 27 Degrees 43 Minutes 10 Seconds West , 18. 37 feet; r3 North 12 Degrees 42 Minutes 50 Seconds West , 20 . 18 feet; North 12 Degrees 13 Minutes 07 Seconds West , 15 . 13 feet; North 08 Degrees 42 Minutes 27 Seconds Wes-t , 20 . 54 feet ; North 13 Degrees 02 Minutes 29 Seconds West , 15 . 01 feet more or less to the easterly Boundary of Pitkin County Property as M conveyed on the document recorded in Book 198 at page 457 of the Pitkin County Official Records; thence southerly along said easterly Boundary of the Pitkin County property South 19 Degrees 31 Minutes West , 18.58 feet ; thence southeasterly paralleling the southwesterly curb of Gibson r` Ave, at a distance of 10 feet southwesterly the following 4 courses : . South 08 Degrees 28 Minutes 30 Seconds East ; 19 , 14 feet ; South 12 .Degrees 09 Minutes 01 Seconds East , 15 .74 feet; r'3 South 12 Degrees 42 Minutes 47 Seconds East , 20 . 27 feet ; 00 South 27 Degrees 43 Minutes 10 Seconds East , 29. 89 feet more or f less to the point of beginning. Containing 862 square feet more or less . This description was prepared by: Louis H. Buettner (LS 13166) _ 0040 West Sopris Creek Road Basalt, Colorado 81621 303-927-3611 i b o r � M •4v Z O L" SCALE 1 s 20, o b O 10 'D 0 10 20 30 40 50 >v M in PITKI N COUNTY -4 PROPERTY P BOOK 198 PAGE 457 \3e OZ 2 N H m w CURB LINE M � 4 ill r wa ' N08042'27"W, 20-54' O goy 1 N�2 SIDEWALK EASEME NT EI\y A I 7 2 C� g\ZeO� A f iei! W O f co an 0 "'2e42180„w 20.1 x A �p r 3 o A1"0 70 v O a' '° n Fn ff, .4 � m N27e43'10"W, 18.37' (I� �29'e9 f • 21011•!10 9 (. POs 1p R J1 F St ap T4 i3 PO 1� O V' r�� o• M� o RIVERS EDGE CONDOMINIUM 0 C7 0 e n� ti