HomeMy WebLinkAboutresolution.council.098-14 RESOLUTION NO. 98
Series of 2014
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING A PROPOSED EASEMENT AGREEMENT BETWEEN THE CITY OF ASPEN
AND THE DANCING BEAR RESIDENCES OWNERS ASSOCIATION, INC., A COLORADO
NONPROFIT CORPORATION, AUTHORIZING THE CITY MANAGER TO EXECUTE A
FINAL AGREEMENT ON BEHALF OF THE CITY OF ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council a proposed Easement Agreement
between the City of Aspen, Colorado and the Dancing Bear Residences Owners Association, Inc.,
a Colorado nonprofit corporation, a copy of which draft agreement is attached hereto and made a
part thereof.
NOW, WHEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ASPEN,COLORADO:
Section One
That the City Council of the City of Aspen hereby approves the entry into an Easement
Agreement between the City of Aspen, State of Colorado and the Dancing Bear Residences Owners
Association, Inc., a Colorado nonprofit corporation, a draft of which is attached hereto and does
hereby authorize the City Manager of the City of Aspen to execute a final agreement on behalf of the
City of Aspen in substantially the form attached hereto, subject to the approval of the City Manager
and the City Attorney.
Dated . 2014. '
Steve Ski(dron, M or
1, 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 August 25, 2014.
'Linda Manning, City C1941K
RECEPTION#: 615516, 11/19/2014 at
02:52:52 PM,
1 OF 12, R $66.00 Doc Code EASEMENT
Janice K. Vos Caudill, Pitkin County, CO
EASEMENT AGREEMENT
This Easement Agreement ("Agreement") entered into this 19V—day of t�lg Vw—,
2014, by and between THE CITY OF ASPEN, a Colorado municipal corporation and home rule
city, Grantor (hereinafter the "City" or "Grantor"); and the Dancing Bear Residences Owners
Association, Inc., a Colorado nonprofit corporation (hereinafter "DBROA" or "Grantee") and
Chart House Project Owner, LLC, a Delaware limited liability company (hereinafter "CHPO"),
concerns and specifies the following:
RECITALS
WHEREAS, as part of the incorporation of the City of Aspen, commencing with the
recording of a townsite plat in the Plat of Towns, page 1, at pages 28 and 29, of the real property
records of Gunnison County on or about March 25, 1880, and continuing with the issuance of
deed to the City of Aspen on April 3, 1888, by the Pitkin County Probate Judge, unless such
street or alley has been duly vacated, the City of Aspen is the owner of all streets and alleys
within the City, including the street and right-of-way known as Durant Avenue. Durant Avenue
has never been vacated and is presently owned and controlled by the City of Aspen; and,
WHEREAS, DBROA is the homeowners' association of the condominium project in
Pitkin County, Colorado known as Dancing Bear Residences • Aspen which is legally described
on Exhibit"A" attached hereto (the "Project"): and,
WHEREAS, the Project is governed by and described in that certain
Condominium Declaration for the Dancing Bear Residences • Aspen recorded in the
Pitkin County real property records on January 23, 2009 as Reception No. 555974, as
amended (the "Declaration"); and
WHEREAS, pursuant to the Declaration, DBROA is responsible for the
administration and operation of the Project; and,
WHEREAS, Chart House Project Owner, LLC, a Delaware limited liability company
("CHPO") is the owner of certain real property in Pitkin County, Colorado that is legally
described on Exhibit "B", which is also known and defined in the Declaration as the "Expansion
Property"; and,
WHEREAS, pursuant to the Declaration, it is contemplated that upon completion
of the improvements on the Expansion Property, the Expansion Property will be
submitted to the Declaration and become part of the Project; and
WHEREAS, after the Expansion Property has been submitted to the Declaration and the
Project includes the Expansion Property, Grantee (and not CHPO) will administer and operate
the Expansion Property as part of the Project; and
WHEREAS, the Project and the Expansion Property are located across Durant Avenue
from each other in the 200 block of Durant Avenue in the City of Aspen; and,
WHEREAS, Grantee desires to construct at its own cost and expense a tunnel beneath
Durant Avenue, linking the Project with the Expansion Property, which tunnel would be for the
exclusive use of Grantee's employees, invitees and guests; and
WHEREAS, the City is willing to grant and convey an easement to Grantee for the
construction of the proposed tunnel on the terms and conditions herein provided.
THEREFORE, IN CONSIDERATION of the promises and agreements set forth below,
and for other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties agree as follows:
I. Grant of Easement. The City does hereby grant and convey to Grantee, for the benefit of
the Project and the Expansion Property a temporary, exclusive easement (the "Easement") for the
purposes of providing Grantee with the right to construct, access, maintain, repair, inspect, test,
preserve, operate and replace a tunnel and related appurtenances (the "Tunnel") that will provide
access and pedestrian connection between the Project and the Expansion Property. The
Easement shall be entirely below grade, located approximately 13 to 13 1/2 feet below the
surface of the City right-of-way and street known as Durant Avenue. The Easement shall be
approximately 12 feet in width for approximately 25 feet in length, 20 feet in width for
approximately 20 feet in length, and 12 feet in width for another approximately 50 feet in length,
extending from the property line of the Expansion Property to the property line of the Project,
and approximately 12 feet in height. The exact location, extent and dimensions of the Easement
are depicted on the Map, attached hereto as Exhibit "C" and the legal description attached hereto
as Exhibit "D".
2. Term of the Easement. This is a temporary easement granted for a period of forty-years
following the date of the execution of this Easement Agreement. The easement may be extended
by the City in its discretion at any time prior to the end of the expiration of the initial tern.
3. Termination. In the event that the City of Aspen in its sole discretion determines that the
property within the easement is needed for public purposes, the City may terminate the easement
by a resolution of termination adopted at a regular meeting of the Aspen City Council. Grantee
shall be provided notice not less than thirty days prior to the consideration of any resolution of
termination. If the Easement is terminated pursuant to this section, Grantee shall have one year
from the date of the resolution to vacate the premises and at its sole costs and expense (i) seal the
Tunnel if necessary to assure the safety of the citizens of the City of Aspen; (ii) remove all items
constructed in the easement that could reasonably interfere with the public purposes for which
the property within the easement is needed; and (iii) restore the property to the fullest extent
reasonably practicable to accommodate the public purposes for which the property within the
easement is needed. Restoration required pursuant to this Section 3 shall comply with all City
standards applicable at the time of restoration and shall be approved by the City Engineer.
4 . Exclusivity. The Tunnel shall be a private passageway for the exclusive use by Grantee and
Grantee's employees, invitees and guests.
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s. Permits/Construction Details. Grantee at its own cost and expense shall obtain all permits
required for the Tunnel and construct the Tunnel and all improvements set forth in this
Agreement.
6. As-Built Survey. Grantee shall provide the City with an as-built survey of the Tunnel, as
constructed. If in the reasonable opinion of the City, such as-built survey requires an amendment
to the terms of this Agreement or any exhibit attached hereto, the parties shall prepare a mutually
acceptable amendment to this Agreement or exhibit, as the case may be.
7. Protection of Utilities. Grantee at its cost and expense shall coordinate with all appropriate
utility companies to ensure that Grantee's work does not interfere with any utilities located
within or in proximity of the easement area. Further, Grantee agrees to relocate or construct
certain water and storm water facilities within Durant Avenue as designated by the Director of
Engineering and the Director of Utilities. The relocation of such facilities or utilities shall be
completed prior to the issuance of a certificate of occupancy or certificate of completion for the
Tunnel. If any utility is required to be installed or modified in the future, including but not
limited to sanitation facilities of the Aspen Consolidated Sanitation District (ACSD), and such
expansion or installation is affected by the existence of the Tunnel, then Grantee agrees that it
will pay any incremental costs incurred by the entity installing or modifying the utility as a result
of the existence and location of the Tunnel.
Although the Tunnel is not an "underground facility" as defined by C.R.S. Section 9-1.5-102 (7),
Grantee shall, if possible,join the Statewide Notification Association of Owners and Operators
of Underground Facilities by contacting the Utility Notification Center of Colorado, 12600 West
Colfax Avenue, Suite B-310.
Grantee is fully responsible for any and all damages incurred to facilities of the City Water
Department and/or drainage facilities for storm water and sanitary sewage of the ASCD due to
activities authorized by this Agreement. In the event Grantee's facilities are damaged or
destroyed due to the City's reasonable, usual and customary repair, replacement and/or operation
of its facilities, in its ordinary course of business, repairs will be made by Grantee at its sole
expense. The City shall give Grantee notice of any non-emergency repair or maintenance work
to be performed on their facilities above or adjacent to the Tunnel at least two (2) weeks prior to
the start of the work. Grantee agrees to defend, indemnify and save the City harmless and to
repair or pay for the repair of any and all damages to said water facilities, storm water drainage
facilities and/or sanitary sewer, or those damages resulting from the failure of the facilities to
properly function as a result of the permitted structure.
The Tunnel and street over the Tunnel shall be capable of withstanding an LRFD HL-93 loading
in accordance with the latest AASHTO Specifications or as otherwise approved by the City
Engineer. All installations within the Easement Area shall be constructed so that the paved
section of the street/alley can be widened without requiring additional structural modifications.
Grantee shall remove and replace any and all street paving, sidewalks, and curb and gutter, both
inside the easement area and in the rights-of-way adjacent thereto, that become broken, damaged
or unsightly_as a result of the activity of Grantee during the course of construction of the Tunnel.
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In the future, Grantee shall also remove, replace or repair any street paving, sidewalks, and curb
and gutter that become broken or damaged when, in the opinion of the City Engineer, the
damage has been caused by the activity of Grantee within the easement area. All repair work
shall be accomplished without cost to the City and under the supervision of the City Engineer.
s. Compliance with Laws/Regulatory Requirements. Grantee at its sole expense shall comply
with any and all laws, rules and/or regulatory requirements applicable to Grantee's work,
including without limitation compliance with the construction management plan approved by the
City.
9. Maintenance and Repair. Grantee shall be fully responsible at its cost and expense for
maintenance, repair and replacement of the Tunnel, including without limitation maintenance
and repair of any erosion or any other work related to keeping the Tunnel and subjacent portion
of the Easement and easement area in good condition and repair.
10. Access to Easement Premises by City. The City's agents, employees, contractors and other
designated persons may go upon the Easement premises set forth above at all reasonable times
with reasonable notice to undertake routine inspection, operation, maintenance or expansion of
any City facilities or utilities in the proximity of the Tunnel. In the event the City plans major
repairs or replacement of infrastructure, facilities or utilities within the proximity of the
Easement, it shall provide Grantee with reasonable advance notice of the work to be undertaken,
and the estimated time of completion and endeavor not to disrupt the operations, use or
enjoyment of the Tunnel more than reasonably necessary.
11. Security. In addition to or in connection with any security required pursuant to any land
use approvals granted by the City for the construction of the Tunnel, prior to the issuance of a
building permit, Grantee shall provide sufficient security, as approved by the City Engineer, the
City Manager and City Attorney, to allow the City to enter the premises to protect City property
and seal the Tunnel if necessary to assure the safety of the citizens of the City of Aspen in the
event the construction project that is proposed by this easement, the Tunnel, is abandoned prior
to completion. The project shall be deemed abandoned in the event that construction ceases for a
period of ninety (90) days or longer without the prior consent of the City and continues for
another ninety (90) days following notice to Grantee of a right to cure the failure to continue or
resume construction. In the event that such notice is given to Grantee and Grantee shall fail to
resume construction within ninety(90) days of the date of notice, then Grantee will be deemed to
have consented to access to Grantee's premises necessary to perform the actions required to
secure the property and seal the Tunnel, if necessary. The Tunnel shall be deemed substantially
complete when it connects the Project to the Expansion Property and is structurally sound such
that only interior finish work remains to be completed. Following construction of the Tunnel,
Grantee shall provide such security as may be required for the work contemplated by paragraph
3 above that will be required upon the termination of this Agreement. The security required by
this section shall be in the form of cash, bond, letter of credit or such other form as is acceptable
to the City Attorney.
12. Indemnification. Grantee shall be responsible for any and all claims, demands, actions,
losses, liabilities, or expenses of whatever sort, including attorney fees, that are brought against
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them by any person or entity arising out of or in connection with Grantee's construction of the
Tunnel and/or use or occupancy of the Easement premises, or the use or occupation of the
Easement premises by their agents, employees, contractors, invitees or licensees. Grantee and its
officers, directors, members, employees, agents, contractors, representatives, heirs or assigns
may be held jointly and severally liable under any statute, decision, or other law providing for
such joint and several liability for their respective activities on the subject property or easement
premises, the obligations of each to respond in damages shall be apportioned, as between the
parties in proportion to the contributions of each as measured by the acts and omissions of each
which in fact caused such legal injury, damage or harm as determined by court judgment or
settlement of claims. Further, Grantee agrees to hold the City harmless from and against all
claims, demands, causes of action, damages, losses, liabilities, costs, and expenses, including but
not limited to attorneys' fees, suffered or incurred by the City on account of or with respect to
property damage or injury or death to persons caused by Grantee's construction of the Tunnel
and/or use or occupancy of the Easement premises or Grantee's agents, consultants, contractors,
or subcontractors, on account of or with respect to their respective acts or omissions on or about
the subject property, including but not limited to their respective professional, consulting,
construction, maintenance, or repair services. If any action or proceeding is brought against the
City, its employees, or agents, by reason of any such claim, Grantee, upon notice from the City,
will defend the claim at Grantee's expense with counsel reasonably satisfactory to the City.
13. Insurance. Grantee and any contractor(s) retained by Grantee and any subcontractors
performing work with respect to the construction and installation of the Tunnel shall, prior to
their respective first entries on or about City's Property, and thereafter maintain in full force and
effect for the duration of their respective periods of work, policies of liability and property
damage insurance in forms and with insurance companies reasonably satisfactory to the City
with limits of not less than $2,000,000 per occurrence and $5,000,000 in the aggregate for
liability and property damage, written on an occurrence basis, and otherwise reasonably
acceptable to the City and naming the City as an additional insured. Insurance provided by
Grantee pursuant to preceding sentence must remain in full force and effect during the tern of
this easement and extensions thereof. The City may adjust the amount of required insurance
coverage based on inflation increases from time to time. No more than one adjustment may be
made in any two year period. All of such coverages shall be primary with respect to any policies
of insurance obtained or maintained by the City. Each of such party, Grantee, contractors and
subcontractors shall provide the City with a certified copy of each respective policy or a
certificate evidencing that such insurance is in full force and effect. City as an additional insured
and evidencing that each respective policy shall not be cancelled or amended absent 45 days'
prior written notice to City, prior to Grantee's and each respective contractor's and
subcontractor's first entry on or about City's Property. Additionally. Grantee and each such
contractor and subcontractor shall, for the duration of its respective period of work, obtain and
maintain in full force and effect worker's compensation insurance meeting statutory limits and
otherwise complying with Colorado law.
in . Notices. All written notices required to be given shall be deemed given upon hand
delivery or email to the person or entity to whom directed at its address shown herein, or at such
other address as shall be given by notice pursuant to this paragraph. Copies of such notices shall
be directed to the following addresses:
5
TO CITY:
City Manager
130 S. Galena St.
Aspen, CO 81612
Fax No. (970) 920-5119
With a copy to:
Aspen City Attorney
130 South Galena Street
Aspen, Colorado 81611
Fax No. (970) 920-5119
TO GRANTEE:
Dancing Bear Residences Owners Association, Inc.
411 S. Monarch Street
Aspen, CO 81611
Fax No.: (970) 920-2530
Chart House Project Owner, LLC
P.O. Box G
Aspen, CO 81612
Fax No.: (970) 920-3258
With a copy to:
Chris LaCroix
Garfield & Hecht, P.C.
601 E. Hyman Ave.
Aspen, CO 81611
Fax No.: (970) 925-3008
is. Binding Agreement - Recording. This Agreement is binding upon the parties
hereto. their successors and assigns, and any sale of the Project or the Expansion Property, or any
portion thereof shall be subject to this Agreement. To this end it is agreed and understood that
any obligation set forth herein shall be a continuing obligation of Grantee and CHPO and any
successor homeowner associations that may be created on these two properties. This Agreement
shall be recorded with the Pitkin County Clerk and Recorder, and shall impose an easement and
covenants running with the land upon the subject property. Deeds to subsequent owners of the
Project or the Expansion Property shall provide notice of this Agreement and the obligations
contained herein.
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15. Governing Law; Venue; Attorneys' Fees. This Agreement and the rights and
obligations of the parties hereunder shall be governed by and construed in accordance with the
laws of the State of Colorado. Venue for all actions arising under this Agreement shall be Pitkin
County, Colorado. In the event legal remedies must be pursued to resolve any dispute or conflict
regarding the terms of this Agreement or the rights and obligations of the parties hereto, the
substantially prevailing party shall be entitled to recover costs incurred in pursuing such
remedies, including expert witness fees and reasonable attorney fees.
17. Authorization of Signatures. The parties acknowledge and represent to each other
that all procedures necessary to validly contract and execute this Agreement have been
performed and that the persons signing for each party have been duly authorized to do so.
18. Counterparts. This Agreement may be signed using counterpart signature pages,
with the same force and effect as if all parties signed on the same signature page.
19. Vacation and Termination of Easement. In addition to the right to terminate set
forth in paragraph 3, above, this Agreement shall be deemed terminated and vacated if Grantee
does not commence construction of the Tunnel within two years of the execution of this
Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement the date and year
first above written.
THE CITY OF ASPEN, COLORADO
A Municipal Corporation and Home Rule City
By: �Qy Witnessed:
Name: ugukdy
Title: &f. r 44 t.
APPROVED AS TO FORM:
ji�! �_
spen City Attorney
7
STATE OF C o oia do )
ss.
COUNTY OF )
SUBSCRIBED AND SWORN TO before me this 10'-day of LaQw ie✓ , 2014, by
* 1Z� (name) as 1 �v�aµ�e� (title)—of City of Aspen.
WITNESS my hand and official seat.
My commission expires: d/ o5 Zo
No6ry Public
8
GRANTEE:
DANCING RESIDEN - WNERS ASSOCIATION. INC.
By. 1
Name: IZO. b4c1 rPNl_
Title: V' sros r
CHART HOUSE PROJECT OWNER, I LC
Ry = n8 PrSpc.., vVica c.G i�z Wls�ejcT
E3y:
Name: a9cx
Fide: Vfl671J -Gr
STATE Or ' )
- ss.
COUNTY OP P(�Ip Lt-yt )
SUBSCRIBED AND SWORN TO before me this day of �V' 2014, by
(name) as �re:�c�zt (title) of Dancing Bear
Residences Owners Association, Inc.
WITNESS my hand and official seal.
My commission expires: 2LPATRICIA
EYDWttFt Publi —
/y RY PUBLIC
S'fA'I"E OI' l!-f� @CQ� ) F COLORADOD 20144021525
ss. EXPIRES MAY 29 2018
COUN"fY OP�( �� )
"SUBSIcRIBED AND SWORN 'I"O before me this J� ay of �Ooe j 2014. by
kulZ-1-Z (name) as �_ (title) of Chart I louse Project
Owner, LLC.
WITNESS my hand and official seal.
My commission expires:
Notary Public
FNOTARY
TRICIA HEYDENBERK
9 NOTARY PUBLIC
TATE OF COLORADO
ID 20144021525
MISON EXPIRES MAY 29,2018
EXHIBIT A
[Legal Description of Project]
THE DANCING BEAR LODGE, ACCORDING TO THE FINAL PUD PLAN AND PLAT
RECORDED JUNE 8, 20014 IN PLAT BOOK 69 AT PAGE 80 UNDER RECEPTION NO.
498443, IN THE RECORDS OF THE CLERK AND RECORDER, COUNTY OF PITKIN,
STATE OF COLORADO; also known as; LOTS P, Q, R AND S, BLOCK 77, CITY AND
TOWNSITE OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO
EXHIBIT "B"
[Legal Description of Expansion Property]
LOTS 6, 7, 8 AND 9, BLOCK 3, EAMES ADDITION TO THE CITY AND TOWNSITE OF
ASPEN, COLORADO. WHICH PROPERTY IS ALSO DESCRIBED AS LOTS 6, 7, 8 AND 9,
BLOCK 3, EAMES ADDITION TO THE CITY AND TOWNSITE OF ASPEN AND ALSO
THAT PART OF LOTS 6, 7, 8 AND 9 WITHIN THE CITY AND TOWNSITE OF ASPEN,
COUNTY OF PITKIN, STATE OF COLORADO.
10
EXHIBIT C:
TUNNEL EASEMENT
A PARCEL OF LAND SITUATED IN SECTION 13,TOWNSHIP 10 SOUTH, RANGE 85 WEST AND SECTION 18,TOWNSHIP
10 SOUTH, RANGE 84 WEST, OF THE 6th P.M. CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO
SHEET 1 OF 1
DANCING BEAR
RESIDENCES ASP EN
REC.#555975
FOUND#5REBAR 60S4 9,11" BASIS OF ELEVATION 15
AND 1.25" PLASTIC CAP
L.S.#28643
TOP=7914.43'
BOTTOM=7899.93' j(11 119 3
SJ' N
PURR oT AVENUE (T(El S7 m o
;'s.00'
TOP=7914.43' 2 2736". H
pp' TOP=7915.49' '" ti1 BOTTOM=7899.93' > q q9,
BOTTOM=7900.99' /
TOP=7915.49'
I BOTTOM=7900.99'
i
TOP=7915.89' FOUND 1'WITNESS CORNER
BOTTOM=7901.39' #5 REBAR AND 1.25"PLASTIC CAP
3 L.S.#28643
/ TOPTOM= 89'
FOUND#5 REBAR / �� JUNK T BOT TOM=7901.39'
EASMEAND 1.25"PLASTIC CAP
L.S.#9184 i
TOP=7916.18' e
BOTTOM-7901.68'
ml
TOP=7916.78' 'V
BOTTOM=7902.28' �„(.� j/ TOP=7916.18'
s> 7 \19 BOTTOM=7901.68'
S 09'11
TOP=7917.49' ("1 /� TOP=7916.78'
BOTTOM=7902.99' S1.4s, BOTTOM=7902.28'
119.62• (TIE)S JJ°s9,
25"E 780 05,
LINE TABLE POINT OF BEGINNING
LINE BEARING DISTANCE TOP=7917.27
Ll N75"09'11"W 13.27 BOTTOM=7902.77
L2 N26°22'48"E 8.69 0
o FOUND#5 REBAR
L3 N25"48'09"E 4.68 o AND 1.25" PLASTIC CAP
L4 N14°51'09"E 9.50 CHART HOUSE LODGE L.S.#25947
L5 N75`08'51"W 4.50 SUBDIVISION/PUD 3
REC.#520960 -
L6 N14°51'09"E 6.50 0
L7 I N68°42'17"E 7.59
L8 N10°35'08"E 11.00
L9 579`24'52"E 4.50
L10 N10°35'08"E 30.18
Lll S75°09'11"E 13.04
L12 510°35'08"W 29.22
L13 S79°24'52"E 4.50 FOUND 3.5"ALUMINUM CAP
L14 S10°35'08"W 11.00 MARGIN GPS CONTROL ATTHE
L15 S06°12'51"W 6.19 DRAWING SCALE APPROXIMATE INTERSECTION
L16 S14°51'09"W 6.50 1"=20' OF S.GALENA ST.AND E.
L17 N75°08'51"W 4.50 DURANTAVE.
118 $14`51'09"W 9.50 SOPENGINEERINGT LLC — -
CIVILVILCONSULTANTS /I AREA OF THIS EASEMENT
L19 S63'24'49"W 10.87 502 MAIN STREET,SUITE A3
L20 526'22'48"W 6.04 CARBONDALE,COLORADO 81623
(970)704-0311 13120 1011612014 CL M:13300dwgs1131201SURVEY.MARCIN CS113126TUNNEL EASEMENT.dwg
EXHIBIT D:
EASEMENT DESCRIPTION
AN EASEMENT SITUATED IN A PORTION OF SECTION 13,TOWNSHIP 10 SOUTH,RANGE 85 WEST AND SECTION 18,TOWNSHIP 10 SOUTH,
RANGE 84 WEST,OF THE 6TH P.M.CITY OF ASPEN,COUNTY OF PITKIN,STATE OF COLORADO;SAID EASEMENT BEING ENTIRELY WITHIN
THE DURANT AVENUE RIGHT-OF-WAY,ACCORDING TO THE OFFICIAL MAP OF THE CITY OF ASPEN,DATED 1959("1959 MAP"),BETWEEN
MONARCH AND ASPEN STREETS,AND APPROXIMATELY 8 FEET BELOW STREET LEVEL,WITH ALL ELEVATIONS EXPRESSED HEREIN BEING
RELATIVE TO AN ELEVATION OF 7924.96 FEET ON THE EXTERIOR THRESHOLD OF DANCING BEAR RESIDENCES ASPEN,BEING A BUILDING
AS CONSTRUCTED AND IN PLACE ON THAT PROPERTY DESCRIBED IN RECEPTION NO.555975 OF THE PITKIN COUNTY RECORDS,AS
SHOWN ON EXHIBIT C OF THIS EASEMENT AGREEMENT;SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTHERLY BOUNDARY LINE OF BLOCK 3 EAMES ADDITION TO THE CITY OF ASPEN,ACCORDING TO
SAID 1959 MAP;SAID POINT ALSO BEING 51.45 FEET WESTERLY OF THE NORTHEAST CORNER OF THAT PROPERTY DESCRIBED IN
RECEPTION NO.520960 OF THE PITKIN COUNTY RECORDS,THE TRUE POINT OF BEGINNING,WHENCE THE CITY OF ASPEN GPS CONTROL
POINT NO.GPS-2(AT THE APPROXIMATE INTERSECTION OF S.GALENA ST.AND E.DURANT AVE.)BEARS S 77°59'25"E,A DISTANCE OF
780.05 FEET;SAID EASEMENT AT SAID POINT HAVING A BOTTOM ELEVATION OF 7902.77 FEET AND ATOP ELEVATION OF 7917.27 FEET;
THENCE N.75°09'11"W.ALONG THE NORTHERLY BOUNDARY LINE OF SAID RECEPTION NO.520960,A DISTANCE OF 13.27 FEETTO A
POINT ON SAID EASEMENT HAVING A BOTTOM ELEVATION OF 7902.99 FEETAND ATOP ELEVATION OF 7917.49 FEET;
THENCE LEAVING SAID NORTHERLY BOUNDARY LINE N.26'22'48"E.,A DISTANCE OF 8.69 FEETTO A POINT ON SAID EASEMENT HAVING
A BOTTOM ELEVATION OF 7902.28 FEET AND ATOP ELEVATION OF 7916.78 FEET;
THENCE N.25°48'10"E.,A DISTANCE OF 4.68 FEET TO A POINT ON SAID EASEMENT HAVING A BOTTOM ELEVATION OF 7901.68 FEET AND
A TOP ELEVATION OF 7916.18 FEET;
THENCE N.14"51'09"E.,A DISTANCE OF 9.50 FEET TO A POINT ON SAID EASEMENT HAVING A BOTTOM ELEVATION OF 7901.68 FEET AND
A TOP ELEVATION OF 7916.18 FEET;
THENCE N.75°08'51"W.,A DISTANCE OF 4.50 FEET TO A POINT ON SAID EASEMENT HAVING A BOTTOM ELEVATION OF 7901.68 FEET
AND A TOP ELEVATION OF 7916.18 FEET;
THENCE N.14°51'09"E.,A DISTANCE OF 6.50 FEET TO A POINT ON SAID EASEMENT HAVING A BOTTOM ELEVATION OF 7901.68 FEET AND
A TOP ELEVATION OF 7916.18 FEET;
THENCE N.68°42'17"E.,A DISTANCE OF 7.59 FEET TO A POINT ON SAID EASEMENT HAVING A BOTTOM ELEVATION OF 7901.39 FEET AND
A TOP ELEVATION OF 7915.89 FEET;
THENCE NAW35'081"E.,A DISTANCE OF 11.00 FEET TO A POINT ON SAID EASEMENT HAVING A BOTTOM ELEVATION OF 7900.99 FEET
AND A TOP ELEVATION OF 7915.49 FEET;
THENCE 5.79°24'52"E.,A DISTANCE OF 4.50 FEET TO A POINT ON SAID EASEMENT HAVING A BOTTOM ELEVATION OF 7900.99 FEET AND
A TOP ELEVATION OF 7915.49 FEET;
THENCE N.10°35'08"E.,A DISTANCE OF 30.18 FEET TO A POINT ON SAID EASEMENT HAVING A BOTTOM ELEVATION OF 7899.93 FEET
AND A TOP ELEVATION OF 7914.43 FEET;SAID POINT ALSO BEING A POINT ON THE SOUTHERLY BOUNDARY LINE OF BLOCK 77,CITY OF
ASPEN,ACCORDING TO SAID 1959 MAP,BEING 60.54 FEET EASTERLY OF THE SOUTHWEST CORNER OF SAID PROPERTY DESCRIBED IN
RECEPTION NO.555975;
THENCE 5.75°09'11"E.ALONG THE SOUTHERLY BOUNDARY LINE OF SAID RECEPTION NO.555975,A DISTANCE OF 13.04 FEET TO A POINT
ON SAID EASEMENT HAVING A BOTTOM ELEVATION OF 7899.93 FEET AND A TOP ELEVATION OF 7914.43 FEET;
THENCE LEAVING SAID SOUTHERLY BOUNDARY LINE 5.10°35'08"W.,A DISTANCE OF 29.22 FEET TO A POINT ON SAID EASEMENT HAVING
A BOTTOM ELEVATION OF 7900.99 FEET AND A TOP ELEVATION OF 7915.49 FEET;
THENCE 5.79°24'52"E.,A DISTANCE OF 4.50 FEET TO A POINT ON SAID EASEMENT HAVING A BOTTOM ELEVATION OF 7900.99 FEET AND
A TOP ELEVATION OF 7915.49 FEET;
THENCE 5.10'35'08"W.,A DISTANCE OF 11.00 FEET TO A POINT ON SAID EASEMENT HAVING A BOTTOM ELEVATION OF 7901.39 FEET
AND A TOP ELEVATION OF 7915.89 FEET;
THENCE 5.06`12'51"W.,A DISTANCE OF 6.19 FEET TO A POINT ON SAID EASEMENT HAVING A BOTTOM ELEVATION OF 7901.68 FEET
AND A TOP ELEVATION OF 7916.18 FEET;
THENCE 5.14'51'09"W.,A DISTANCE OF 6.50 FEET TO A POINT ON SAID EASEMENT HAVING A BOTTOM ELEVATION OF 7901.68 FEET
AND A TOP ELEVATION OF 7916.18 FEET;
THENCE N.75°08'51"W.,A DISTANCE OF 4.50 FEET TO A POINT ON SAID EASEMENT HAVING A BOTTOM ELEVATION OF 7901.68 FEET
AND A TOP ELEVATION OF 7916.18 FEET;
THENCE 5.14°51'09"W.,A DISTANCE OF 9.50 FEET TO A POINT ON SAID EASEMENT HAVING A BOTTOM ELEVATION OF 7901.68 FEET
AND A TOP ELEVATION OF 7916.18 FEET;
THENCE 5.63"24'49"W.,A DISTANCE OF 10.87 FEET TO A POINT ON SAID EASEMENT HAVING A BOTTOM ELEVATION OF 7902.28 FEET
AND A TOP ELEVATION OF 7916.78 FEET;
THENCE 5.26°22'48"W.,A DISTANCE OF 6.04 FEET TO THE POINT OF BEGINNING.
SAID EASEMENT CONTAINING 1337.5767 SQUARE FEET OR 0.031 ACRES,MORE OR LESS.
THE TERMS"BOTTOM ELEVATION"AND"TOP ELEVATION"REFER TO THE VERTICAL EXTENTS OF SAID EASEMENT.SAID VERTICAL LIMITS
ARE FURTHER DEFINED BY A STRAIGHT LINE BETWEEN VERTICAL POINTS.
SOPRIS ENGINEERING-LLC
CIVIL CONSULTANTS
502 MAIN STREET,SUITE A3
CARBONDALE,COLORADO 81623
)970)704-0311
13120 1011612014 CL M:113300&gW31201SURVEY-MARCIN CS113120-TUNNEL EASEMENT dr+g