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HomeMy WebLinkAboutresolution.council.009-14 RESOLUTION NO. 9 Series of 2014 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A PROPOSED EASEMENT AGREEMENT BY, BETWEEN AND AMONG THE CITY OF ASPEN AND THE COUNTY OF PITKIN, STATE OF COLORADO AND THE PITKIN COUNTY LIBRARY BOARD 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 by, between and among the City of Aspen, Colorado and the County of Pitkin, State of Colorado and the Pitkin County Library Board, 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: e Section One That the City Council of the City of Aspen hereby approves the entry into an Easement Agreement by, between and among the City of Aspen, State of Colorado and the County of Pitkin, State of Colorado and the Pitkin County Library Board, 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 '- / 6 _,2014. Steve Skadron, ayor I, Kathryn S. Koch, duly appointed and acting City Clerk do c ify 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 10, 2014. Kat t Kathryn S. Koch,City Clerk f EASEMENT AGREEMENT Date This Easement Agreement entered into this . day of , 2014, by and' .. between THE CITY OF ASPEN ("City"), a,Colorado municipal corporation and home rule city, COUNTY OF PITKIN, STATE OF COLORADO ("County") and PITKIN COUNTY LIBRARY BOARD ("Library"), concerns and specifies the following: RECITALS WHEREAS, in 1995 the County conveyed to the City pursuant to a deed recorded in the real property records of Pitkin County, in Book 785 at Page 981, Reception No. 383033 (the "Deed"),the following described real property: The Rio Grand Subdivision Lot 2. A part of the Southwest one quarter of Section 7, Township 10 South Range 84 West of the Sixth Meridian, City of Aspen, Colorado according to the Plat thereof recorded in Plat Book 32 at Page 83 in the Pitkin County Clerk& Recorder's Office, .... now known as the Rio Grande parking garage (the "Subject Property"); and WHEREAS, within the deed, above described, the County reserved to itself an easement for the expansion of the Pitkin County Library, with such reservation stated as follows: reserving however, an easement for the purpose of constructing an expansion of the existing Pitkin County Library facility. Said easement shall extend 44 (44) (sic) feet out from the full extent of the existing east wall of the.Library. (the "Existing Reserved Easement"); and, WHEREAS, on or about 1990, prior to the conveyance set forth in the Deed, the City completed construction of a parking garage on the Subject Property; and WHEREAS, the County and the Library wish to expand the existing library facility into the existing garage and beyond the extent of the Existing Reserved Easement; and WHEREAS, the parties recognize that the library expansion can be constructed within the reserved easement but would require support columns through the existing garage and in order to construct, use, operate, maintain, and repair the expansion of the existing library facility, with minimal impact to the City's existing parking garage and without the use of support columns, the parties wish to define and amend the extent of the existing easement reservation and to enter into agreements regarding the obligations of construction and operation of the library and the parking garage; and WHEREAS,the City is willing to grant and convey a new easement to the County and the City and County are willing to modify the existing reserved easement, together the with the Easement premises, on the terms and conditions herein provided to facilitate the construction of the expansion of the library facility. 2 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: 1. Modification of Existing Reserved Easement. The Existing Reserved Easement was designated as extending 44 feet "out from the full extent of the existing east wall of the Library." The parties hereby agree to modify this description so that the Easement shall extend forty-four feet (44') from the western edge of the Subject Property ovef'the surface of the Galena Plaza extending from the north edge of the library's existing north wall to the south of the library's existing south wall. Further,the parties agree to modify tlie Existing Reserved Easement to allow the expansion of the library facility on the southern portion of the Existing Reserved Easement, extending from the south edge of the south wall oftheexisting library north for fifty-nine and 6/10 feet (59.6') to extend approximately four feet (4") below the surface,of the roof of the existing garage. This grant of a modification of the Existing Reserved Easement shall be perpetual and exclusive and shall constitute a covenant running with the land to the benefit of the County library property and burdening the Subject property. The'County�acknowledges`a nd.agrees, however, that the City will improve the surface-of the roof of the\gaiage;known as GalenePlaza, and that such improvements will be within the Existing Reserved Easement, as modified-herein, abutting the proposed expansion. This modihed�easernent is more particularly described in Exhibit A, attached hereto and incorporated hereinby\this-reference and\is referred to therein as Easement A. 2. Grant of New/Easement- The City does/hereby"grant\ convey to the County a perpetual, non-exclusive,easement(the "New Easeoerit")for...th`e,purposes of providing structural support for the excavation, construction, ope ation/use, maintenance, and repair of an extension to the existing library facility within the Easemerit;premises. The New Easement shall extend into c the Subj -Property approximately—seventeen and 6/10 feet (17.6') to the east of the Existing Reserved Easement,as^modified above, and shall extend to and include the eastern edge of the wall a`d 6lumns which currently exist at such-location The New Easement shall extend to the north fifty-nine and 6/10 feet (59.6') from the south edge of the south wall of the existing library facility along a�line, corresponding to theHocation of the wall and columns that currently exist, which runs parallel to the eastern boundary-of the Existing Reserved Easement,as modified above. The New Easement is more particularly described on Exhibit A attached hereto and incorporated herein by reference and referred to)therein as Easement B. The easement granted herein shall be below the surface of the Galena/Plaza and the roof of the garage and above the ceiling of the Parking Garage and shall'only be to.the extent necessary to provide structural support. This grant of easement shall run with the land for the benefit of the County and shall constitute a covenant burdening the Subject Property and shall be binding upon and inure to the benefit of the City and the County and their successors and assigns. As set forth below, the City shall have access to the easement property for maintenance of the garage air vent and any other repairs that are necessary for the Garage. 3. 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 3 with reasonable notice to undertake routine use, inspection, operation and maintenance of the City's parking garage and associated facilities. In the event the City plans major repairs or replacement of infrastructure within the Easement premises, it shall provide the County with .reasonable advance notice of the work to be undertaken,and the estimated time of completion and endeavor not to disrupt the operations of the library more than reasonably necessary. Notwithstanding the foregoing, the City may go upon the Easement premises at any time in the event of any emergency situation or condition affecting the structural integrity of the garage or the safety of persons using the.Subject property or the Easement premises, and undertake such repair or replacement activities as it deems necessary to properly resolve,the emergency situation. The County acknowledges that such response to emergencies may"impact library operations. The City will endeavor to keep such impacts to a minimum. After the exercise of any of its rights hereund r;,the County,shall grade, re-seed, re-pave or re-sod if necessary to restore the surface of the ground to its former,condition and contour or modified condition as agreed to by the parties! 4. Improvements/Construction Agreement. The parties agree .,ekecute, prior to the issuance of a building permit for the extension of the library facility an improvements/construction agreement, which will contain the following: A. The county shall be responsible-for finishes withimthe library's structural footprint. Such work-shall be permittey thie-Ci y-Build ng Department. B. The county will be responsible\for waterproofing the,\arking garage under library structure,.shall ttie.such waterproofing,irnto the., City's garage waterproofing system and s611 Mo itor the library's waterproofing. The City will have the opportunity to monitor, assess and;direct the waterproofing. The County.will provide that all guarantees,\',warrantees,an'd remedies under the construction contracts with /applicable contractors runto,e-benefit of the City. Should leaks or other flaws � / in the construction affect the waterproofing system of the garage the City's relief \\ may include recovery\`directly from the appropriate contractor, engineer or `architect. CXThe�City shall\retain the/right, with County approval (which shall not be unreasonably withheld), to access for construction and maintenance the city parking`garage./and plaza. The agreement shall provide an allowance for the County;\\7ith city approval (which shall not be unreasonably withheld), to modify the structure f the parking garage to accommodate the new library expansion based on approved engineered drawings. D. The agreement shall outline a management plan for construction of the library expansion to minimize impacts to the operation of the parking garage and provide for the reimbursement of lost revenues as a result of the construction. The County will provide reasonable notice of any activity that-will specifically impact the garage operations. E. The agreement shall outline the schedule of the construction of the library expansion and Galena Plaza improvements so that the work performed is coordinated and to minimize the length of construction impacts on the surrounding 4 neighbors. All parties acknowledge that it is.their intent to commence construction of the library expansion and the Galena Plaza improvements in 2014. F. The County and Library Board acknowledge that it is standard policy of the City's permit review process to have certain engineering studies and plans submitted by an applicant reviewed by a third party engineer retained by the City. The County and Library Board further acknowledge that this cost is passed onto the permit applicant as part of the permit review process. The County and the Library Board acknowledge that during the review process for this project it is likely that the City will retain a third party engineer and will pass�the�costs of such reviews onto the County and/or Library Board as part of the building permit application. G. County shall be responsible for any damages caused to the garage as a result of the construction of the library expansion. (City�Will`be responsible for any damages caused to the library caused by the Plaza-re`model:, \ H: The City agrees that it will complywith construction�re\strictions as may be required of it on the Subject Property"pursuant to the applicable building codes as a result of the use of windows along the`east-,side of the expansion that is planned for the northern portion of the library. The'Countyagrees that it�willynot construct any improvement along the,north wall of the,lib�rary expansion or assert objections to view obstructions that would,interfere with the/development of the City's property to the north of the Subject Property. 5. Operational-Agreement. The�parties�agree to execute an operational agreement prior to an issuance of a'-Certificate of Occupancy for the library expansion, which will set forth the following: A. Shared cost responsibility agreement,for operations, maintenance, snow removal, j --irrigation, drainage,capital'improvements and public right of way/use based upon ` proportionate share\of expenses based upon square footage occupancy of the Subjed Pr perrty.\�� B. County shall be responsible for any damages caused to the garage through the use hof the easement City will\be responsible for any damages caused to the library \\cau sed by Garage or Plaza\operations. The parties shall provide reasonable access toleach other to make and repairs or construct improvements to the garage or the library as may be necessary from time to time. C. The County,and Library Board acknowledge that the City has constructed a parking garage on the Subject Property and will maintain and operate such garage consistent with operational standards of a parking garage, including standards associated with noise and vibrations.The parties acknowledge that the Garage has been in place for a period of 24 years without any structural issues. The County will be responsible for any structural damages resulting from the construction or operation of the Library. 6. Use of Subject Property by the City. Except as specifically set forth herein, nothing contained in this easement agreement or other agreements entered pursuant to this section 5 shall be construed to limit or restrict the City's use, maintenance and development of the parking garage, the plaza or adjacent properties. The City shall retain the right to use and enjoy the Subject Property with the exception of the easement premises, except as set forth herein, so long as such use and enjoyment do not interfere with the County's rights to use, occupy and enjoy the Easement premises. 7. Liability to Others. Each party shall be responsible for any and all claims, demands, actions, losses, liabilities, or expenses of whatever sort, including attorney fees, that are brought against it by any person or entity arising out of or in connection with such party's use or occupation of the Easement premises, or the use or occupation/,df the Easement premises by its agents, employees, contractors, invitees or licensees,provided/however, that nothing herein shall be construed to abrogate or diminish any protections and lirnitations afforded to any of the parties by the Colorado Governmental Immunity Act, C R:S}§'24-10\1�Net seq. as amended, or other law. In the event any party, or their respectiv/officers, directory members, employees, agents, contractors, representatives, heirs or assigns may/bye held jointly and.sev\ally liable under any statute, decision, or other law providing for suchyoint 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 partiesan proportion to the contributions of each as of measured by the acts and omissions each which i'nfact caused such legal injury, damage or harm as determined by court judgment or,settlement of claims. The parties waive any rights of subrogation against each .other as relates to any claim, award;,judgment,_settlement or other resolution of claims concerning the occupancy and use�of the\Subject Property and Easement premises. 8. Liability�to Each Other: All parties/agree to hold each other harmless from and against all claims, demands; causes of action, damages, losses, liabilities, costs, and expenses, including but-not`limited toga t I rneys'_f es,suffered or incurred by the other party on account of or with respc ct-to,property damn eor injury,ordeath to persons caused by the party's use of the Easement,premises or the party s agents,consultants, contractors,or subcontractors,on account of or with respect to their respective actsr missions on or about the Subject Property, including but not limited�o�heir respectiv�professi nal, consulting, construction, maintenance, or repair services. The.parties agree that the each party shall be listed as an additional insured on the each party's insurance poly for purposes of occupancy and use of the Subject Property and shall provide the other party with a copy of a certificate of insurance regarding such insurance coverage upon request. 9. 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: To CITY: For City of Aspen: 6 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 \\ For Pitkin County and Library Board: With copies to 10. Binding Agreement - Recording. This Agreement is binding upon the parties hereto, their successors and assigns,,and any sale of the,Subject Property, or any portion thereof shall be subject to this Agreement This-Agreemen\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.ofthe SubjectProperty shall provide notice of this Agreement and the obligations contained\herein. \� 11. Governing Law nue; Attor eys' Fees, iso 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 An the event/legal-remedies must be pursued to resolve any dispute or conflict regarding the-terms ofthis Agreement or.t e`rightsiand obligations of the parties hereto; the substantially prevailing,partyshall be,\titled to-recover costs incurred in pursuing such remedies, including expert witness fees and reasonable attorney fees. 12\\thorization of Si na� 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 perso s\signing for)each party have been duly authorized to do so. 13. Counterparts. This Agreement may be signed using counterpart signature pages, with the same force and eff' as if all parties signed on the same signature page. 14. Termination. This agreement shall be terminated and deemed vacated if the County and the Library Board do not commence construction of the extension of the library facility 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: Witnessed: APPROVED AS TO FORM: �<j Aspen City Attorney \ COUNTY OF PITKIN: By: �\ APPROVED AS TO FORM: � Pitkin County Attorney PBI}TKIN COUN\\BRARY',}B 1 RD: Chair STATE OF ) ss. COUNTY OF ) SUBSCRIBED AND SWORN TO before me this day of , 2013, by WITNESS my hand and official seal. My commission expires: r 8 Notary Public STATE OF ) ss. COUNTY OF ) SUBSCRIBED AND SWORN TO before me this day of , 2013, by WITNESS my hand and official seal. My commission expires: Notary Public STATE OF ) ss. � COUNTY OF SUBSCRIBED AND-SWORN TO before m this day of 2013 b WITNESS my.hand and official seal. Myeommission\fires:/J Notary Public 9 EXHIBIT A EXHIBIT MAP OF: EASEMENT A, (CONSTRUCTION/LIBRARY EXPANSION EASEMENT) EASEMENT B, (CONSTRUCTION ACCESS&ROOF MODIFICATION EASEMENT) SITUATED ON LOT 2,AMENDED RIO GRAND SUBDIVISION,SECTION 7,TOWNSHIP 10 SOUTH,RANGE 84 WEST OF THE 6th P.M. CITY OF ASPEN,COUNTY OF PITKIN,STATE OF COLORADO SHEET 1 OF 2 LOT 1 RIO GRANDE SUBDIVISION RECEPTION NO.362199 F- 0 ° Tr MILL STREET 9 CO DOS,PARCEL 2 w ECEPTION NO. m 455433 0 on v z N75°09'11"W 22.58' 21.97' 575°12'04"E ?'\O WESTERLY BOUNDARY OF LOT WALL OF LI LIBRARY �'STERLY �o NNO'X69 SUB-GRADE/WESTERLY WALL -5 '83 LOT 3 RIO GRANDE SUBDIVISION N75°12'04"W 17.60' RECEPTION NO. ❑ M 362199 v w° aI0° m o El,. Zwa � ABOVE GRADE EXTERIOR J z 3 BUILDING WALL- 9.60 a w m m RMER w LL a7i7i o c POINT OF BEGINNING w EASEMENT A IR VE T '04"W 5°12'04"W a 1 44.00' 17.60' w 15.66' w �OINTOFBEGINNING N75°09'11"W m0j V BLOCK 86 EASEB 103.30' o z Lu J /1 GPS-5 Q N. ® GALENA& S 75° '53"EHOPKIN_ �._GP_�.°. � GAWISCH& HOPKINS GRAPHIC SCALE 40 0 20 40 (IN FEET) 1 inch= 40 ft., NOTICE:ACCORDING TO COLORADO LAW YOU MUST SOPRIS ENGINEERING-LLC COMMENCE ANY LEGAL ACTION BASED UPON ANY CIVIL CONSULTANTS DEFECTIN THIS SURVEY WITHIN THREE YEARS AFTER 502 MAIN STREET,SUITE A3 YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT INTHIS SURVEY CARBONDALE,COLORADO 81623 BE COMMENCED MORE THAN TEN YEARS FROM THE (970)704-0311 SOPRISENG@SOPRISENG.COM .DATE OF CERTIFICATION SHOWN HEREON. 2811102/05/14 AJH 11228-EXHIB-2011 LOT 2 AMENDED RIO GRAND.DWG EXHIBIT MAP OF: EASEMENT A,(CONSTRUCTION/LIBRARY EXPANSION EASEMENT) EASEMENT B, (CONSTRUCTION ACCESS&ROOF MODIFICATION EASEMENT) SITUATED ON LOT 2,AMENDED RIO GRAND SUBDIVISION,SECTION 7,TOWNSHIP 10 SOUTH,RANGE 84 WEST OF THE 6th P.M. CITY OF ASPEN,COUNTY OF PITKIN,STATE OF COLORADO SHEET 2 OF 2 EASEMENT A DESCRIPTION: (for the purpose of constructing an expansion of the existing Pitkin County Library facility) An easement situated on Lot 2,according to the Amended Plat of the Rio Grande Subdivision recorded on July 5, 2002 as reception number 469504 in the Pitkin County Records,said easement located in Section 7,Township 10 South,Range 84 West of the 6th Principal Meridian,City of Aspen,County of Pitkin,State of Colorado;said easement being more particularly described as follows: Commencing at the Southwest corner of said Lot 2;thence N.14°46'31"E.along the Westerly boundary line of said Lot 2,a distance of 15.66 feet to the POINT OF BEGINNING;thence continuing along said Westerly boundary line N.14°46'31"E.,a distance of 125.43 feet to a point on the extension of the existing Library's Northerly exterior wall finished fa4ade;thence leaving said Westerly boundary S.75°12'04"E.along the extension of said Library's Northerly exterior wall finished fa4ade,44.00 feet;thence leaving the extension of said Library's Northerly exterior wall finished fa4ade S.14°46'31"W.,125.43 feet to a point on the extension of the existing Library's Southerly exterior wall finished fa4ade;thence N.75°12'04"W.along said extension of the existing Library's Southerly exterior wall finished fa4ade,a distance of 44.00 feet to the POINT OF BEGINNING. Containing 5,519 square feet or 0.127 acres,more or less. Said easement A being subject to an easement for the operation and maintenance of the existing Garage air vent as depicted on sheet one of this exhibit. EASEMENT B DESCRIPTION: (For the purpose of construction access and parking garage roof structural modification.) An easement situated on Lot 2,according to the Amended Plat of Rio Grande Subdivision as recorded on July 5, 2002 as reception number 469504 in the Pitkin County Records,said easement located in Section 7,Township 10 South,Range 84 West of the 6th Principal Meridian,City of Aspen,County of Pitkin,State of Colorado;said easement being more particularly described as follows: Commencing at the Southwest corner of said Lot 2;thence along the Westerly boundary line of said Lot 2 N.14°46'31"E.,a distance of 15.66 feet to a point on the extension of the existing Library's Southerly exterior wall finished fa4ade;thence leaving said Westerly boundary line N.75°12'04"W.along the extension of said existing Library's Southerly exterior wall finished fa4ade,44.00 feet to the POINT OF BEGINNING;thence leaving the extension of said existing Library's Southerly exterior wall finished fa4ade N.14°46'31"E.,59.60 feet;thence N.75°12'04"W.,a distance of 17.60 feet to a point being 61.6 feet offset Easterly of the Westerly boundary line of said LOT 2;Thence S.14°46'31"W.,parallel to said Westerly boundary line,a distance of 56.60 feet;thence N.75°12'04"W.,a distance of 17.60 feet to the POINT OF BEGINNING. Containing 1,049 square feet or 0.024 acres,more or less. NOTICE:ACCORDING TO COLORADO LAW YOU MUST SOPRIS ENGINEERING-LLC COMMENCE ANY LEGALACTION BASED UPONANY CIVIL CONSULTANTS DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER 502 MAIN STREET,SUITE A3 YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY CARBONDALE,COLORADO 81623 ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE (970)704-0311 SOPRISENG@SOPRISENG.COM DATE OF CERTIFICATION SHOWN HEREON. 2811102/05/14 AJH 11228-EXHIB-2011 LOT 2 AMENDED RIO GRAND.DWG RECEPTION#: 617494, 02/17/2015 at 03:40:29 PM, 1 OF 17, R $0.00 Janice K. Vos Caudill, Pitkin County, CO AN EMERGENCY ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,COLORADO AUTHORIZING THE EXECUTION OF AN EASEMENT AGREEMENT WITH THE CITY OF ASPEN ORDINANCE NO. l)U3 -2015 RECITALS 1. In 1995 the Board of County Commissioners of Pitkin County("the County")conveyed the parcel of land known as Rio Grande Subdivision Lot 2 to the City of Aspen on which the City had previously constructed its parking garage,reserving within the deed an easement for the purpose of constructing an expansion of the existing Pitkin County Library facility(the "Reserved Easement"). 2. The County of is the owner of land adjacent to the City parking garage known as Rio Grande Subdivision Lot 3 on which the Pitkin County Library sits. 3. Through a process of study,discussion and design including public feedback,expert advice and a needs analysis,the County and the Library Board of Trustees brought forward a library renovation and expansion project that received land use approval from the Aspen City Council on May 27,2014(the Library Expansion Project"). As the landowner of the proposed expansion area,the Aspen City Council is the sole review authority for the Project. 4. The Library Expansion Project exceeds the extent of expansion of the library contemplated in the Reserved Easement and requires new easements to facilitate structural support for the expanded library. 5. The City of Aspen is willing to modify the Reserved Easement and grant and convey perpetual non-exclusive new easements to the County that will facilitate and accommodate the Library Expansion Project. 6. Additionally,the County agrees to grant and convey a perpetual non-exclusive under- sidewalk utility easement and right of way for the purpose of excavation,installation,operation, use,maintenance,repair and replacement of the City's shallow bury electric and water utilities and associated facilities located within the easement premises. 7. The terms of the Easement Agreement are set forth,and the Chair(or Chair's designee) shall be authorized to execute an Easement Agreement in substantially the form attached as Exhibit A hereto,,as approved by the County Attorney. 8. Ground breaking for the Library Expansion Project is scheduled to take place in approximately one week and it is crucial to have this Easement Agreement in place prior to the commencement of construction. Therefore,this action is taken as an emergency by the County. 9. The BOCC finds that adoption of this ordinance is necessary for the immediate preservation of the public health,safety and welfare of the citizens of Pitkin County and therefore declares this ordinance and legislation to be effective immediately pursuant to Pitkin County Home Rule Charter Section 2.8.2. RECEPTION#: 617494, 02/17/2015 at 03:40:29 PM, 2 OF 17, Janice K. Vos Caudill, Pitkin County, CO ORDINANCE a -2015 NOW,THEREFORE,BE IT ORDAINED by the Board of County Commissioners of Pitkin County,Colorado that: • The County accepts the modification of the existing Reserved Easement for expansion of the Pitkin County Library and the grant and conveyance of perpetual,non-exclusive new easements necessary to facilitate and accommodate the Library Expansion Project as approved by the Aspen City Council on May 27,2014 and any amendments thereto. • The County grants and conveys to the City of Aspen a perpetual non-exclusive easement and right of way for a Shallow Bury Utilities Easement. • The terms of the Easement Agreement are set forth more fully in Exhibit A attached hereto. The easements are depicted on the maps attached as Exhibit A and Exhibit B to the Easement Agreement. • The Chair or Chair's designee is authorized to execute the Easement Agreement in a form substantially similar to that attached hereto and approved by the County Attorney. INTRODUCED,READ AND ADOPTED AS AN EMERGENCY ORDINANCE ON FEBRUARY 11,2015 AND SET FOR CONFIRMATORY PUBLIC HEARING ON MARCH 11,2015. NOTICE OF CONFIRMATORY PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE EMERGENCY ORDINANCE PUBLISHED IN THE ASPEN TIMES WEEKLY ON A- / IJ ,2015. NOTICE OF CONFIRMATORY PUBLIC HEARING AND THE FULL TEXT OF THE ORDINANCE POSTED ON THE F/FICIAL PITKIN CQUNTY WEBSITE www.aspenpitkin.com ON�t-54 !� /3�-- 12015. CONFIRMED AT A PUBLIC HEARING ON MARCH 11,2015. PUBLISHED BY TITLE AND SHORT SUMMARY,AFTER CONFIRMATORY PUBLIC HEARING,IN THE ASPEN TIMES WEEKLY ON filaYr s 2015 POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN COUNTY WEBSITE www.aspenpitkin.com ON THE,/3*' DAY OF j���,v,.� _ 2015. THIS ORDINANCE IS EFFECTIVE ON FEBRUARY 11,2015. ATT T: BOARD OF COUNTY COMMISSIONERS By` ( By: Mu Jean tte Jones j Steven F.Child, Chai�`��r — De ty County Cl k pp _ Date: 2 RECEPTION#: 617494, 02/17/2015 at 03:40:29 PM, 3 OF 17, Janice K. Vos Caudill, Pitkin County, CO ORDINANCE 405-2015 APPROVED AS TO FORM: MANAGER APPROVAL John Ely,C t orney Jon Pe ock, ounty Manager 3 RECEPTION#: 617494, 02/17/2015 at 03:40:29 PM, 4 OF 17, Janice K. Vos Caudill, Pitkin County, CO EASEMENT AGREEMENT This Easement Agreement entered into this Its` day of Fc6.w,4/, 2015, by and between THE CITY OF ASPEN("City"),a Colorado municipal corporation aKd home rule city, and COUNTY OF PITKIN, STATE OF COLORADO ("County") concerns and specifies the following: RECITALS WHEREAS,in 1995 the County conveyed to the City pursuant to a deed recorded in the real property records of Pitkin County, in Book 785 at Page 981, Reception No. 383033 (the "Deed"),the following described real property: The Rio Grand Subdivision Lot 2. Apart of the Southwest one quarter of Section 7, Township 10 South Range 84 West of the Sixth Meridian, City of Aspen, Colorado according to the Plat thereof recorded in Plat Book 32 at Page 83 in the Pitkin County Clerk&Recorder's Office,.... now known as the Rio Grande parking garage(the"Subject Property");and WHEREAS,within the deed,above described,the County reserved to itself an easement for the expansion of the Pitkin County Library,with such reservation stated as follows: reserving however,an easement for the purpose of constructing an expansion of the existing Pitkin County Library facility. Said easement shall extend 44 (44) (sic)feet out from the full extent of the existing east wall of the Library. (the"Existing Reserved Easement");and, WHEREAS, on or about 1990, prior to the conveyance set forth in the Deed, the City completed construction of a parking garage on the Subject Property;and WHEREAS,the County is the owner of land situated adjacent to the parking garage more particularly described as follows: Lot 3,Rio Grand Subdivision.A part of the Southwest one quarter of Section 7, Township 10 South Range 84 West of the Sixth Meridian,City of Aspen,Colorado according to the Plat thereof recorded in Plat Book 32 at Page 83 in the Pitkin County Clerk&Recorder's Office (the"Library Property);and WHEREAS,there currently exists on the Library Property the Pitkin County Library and the County and the Library wish to expand the existing library facility into the existing garage and i RECEPTION#: 617494, 02/17/2015 at 03:40:29 PM, 5 OF 17, Janice K. Vos Caudill, Pitkin County, CO beyond the extent of the Existing Reserved Easement;and WHEREAS,the parties recognize that the library expansion can be constructed within the reserved easement but would require support columns through the existing garage and in order to construct, use, operate, maintain,and repair the expansion of the existing library facility,with minimal impact to the City's existing parking garage and without the use of support columns,the parties wish to define and amend the extent of the existing easement reservation and to enter into agreements regarding the obligations of construction and operation of the library and the parking garage;and WHEREAS,the City is willing to grant and convey new easements to the County and the City and County are willing to modify the existing reserved easement, together the with the Easement premises,on the terms and conditions herein provided to facilitate the construction of the expansion of the library facility. In addition,the County is willing to grant and convey to the City a Shallow Bury Utilities Easement on the terms and conditions set forth herein. THEREFORE,fN 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: 1. Modification of Existing Reserved Easement. The Existing Reserved Easement was designated as extending 44 feet"out from the full extent of the existing east wall of the Library." The parties hereby agree to modify this description so that the Easement shall extend forty-four feet(44') from the western edge of the Subject Property over the surface of the Galena Plaza extending from the north edge of the library's existing north wall to the south edge of the library's existing south wall. Further,the parties agree to modify the Existing Reserved Easement to allow the expansion of the library facility on the southern portion of the Existing Reserved Easement, extending from the south edge of the south wall of the existing library north for fifty-two and 51/100feet(52.51') to extend approximately four feet(4')below the surface of the roof of the existing garage. The parties further agree to modify the Existing Reserved Easement to grant the County a light and air easement which shall extend from the southwestem comer of the Subject Property to the east along the southern boundary sixty-one and 6/10 feet(61.60'),thence north one hundred and forty-one&14/100 feet(141.14'),thence seventeen and 6/10 feet(17.60)to the west to the northeast comer of the Existing Reserve Easement,thence along the eastern boundary of the Existing Reserve Easement to the southeast comer of the Existing Reserve Easement,thence west forty-four feet(44.0')to the western boundary of the Subject Property, thence south along the Subject Property western boundary fifteen and 66/100' feet (15.66') to the point of beginning. This light and air easement does not give the County any rights to use or occupy this additional area but the City agrees not to build any structures on the surface of the garage roof that would impair the County's or Library's ability to construct the library expansion within the forty four(44)foot easement. This grant of a modification of the Existing Reserved Easement shall be perpetual and exclusive and shall constitute a covenant running with the land to the benefit of the County library property and burdening the Subject property. The County acknowledges and agrees,however,that the City will improve the surface of the roof of the garage,known as Galena Plaza,and that such improvements will be within the Existing Reserved Easement,as modified herein,abutting the proposed expansion.This modified Existing Reserve Easement and light and 2 RECEPTION#: 617494, 02/17/2015 at 03:40:29 PM, 6 OF 17, Janice K. Vos Caudill, Pitkin County, CO air easement is more particularly described in Exhibit A,attached hereto and incorporated herein by this reference and is referred to therein as Easement A and Light and Air Easement. 2. Grant of New Easements. The City does hereby grant and convey to the County perpetual,non-exclusive easements("New Easements B I and B2")for the purposes of providing structural support for the excavation,construction,operation,use,maintenance,and repair of an extension to the existing library facility within the Easements premises.New Easement BI shall extend into the Subject Property approximately seventeen and 6/10 feet(17.6')to the east of the Existing Reserved Easement,as modified above,extending to and include the eastern edge of the wall and columns which currently exist at such location and shall extend to the south of the Existing Reserved Easement,as modified above,fifteen and 66/100 feet(15.66')to the southern boundary of the Subject Property. The New Easement shall extend from the southwestern comer of the Subject Property to the east along its southern boundary sixty-one and 6/10 feet(61.6')to the eastern edge of the wall and columns which currently exist at such location. From the eastern point of the easement on the southern boundary of the Subject Property,the New Easement shall extend to the north sixty-eight and 23/100 feet(68.23')along the line corresponding to the location of the wall and columns that currently exist,which runs parallel to the eastern boundary of the Existing Reserved Easement,as modified above.New Easement B2 shall extend three feet(3.00') to the north of the Existing Reserve Easement,as modified above,to the northern edge of the garage beam below. The New Easements are more particularly described on Exhibit A attached hereto and incorporated herein by reference and referred to therein as Easements B 1 and B2. The easements granted herein shall be below the surface of the Galena Plaza and the roof of the garage and above the ceiling of the Parking Garage and shall only be to the extent necessary to provide structural support. This grant of easement shall run with the land for the benefit of the County and shall constitute a covenant burdening the Subject Property and shall be binding upon and inure to the benefit of the City and the County and their successors and assigns. As set forth below,the City shall have access to the easement property for maintenance of the garage air vent and any other repairs that are necessary for the Garage. 3. Garage Air Vent. Notwithstanding anything to the contrary in the preceding two paragraphs, the parties acknowledge that the use of the easements granted above will accommodate the existing Garage Air Vent. 4. Grant of Shallow Bury Utilities Easement. The County does hereby grant and convey to the City a perpetual non-exclusive easement and right of way(the"Shallow Bury Utilities Easement") for the purposes of excavation,installation,operation,use,maintenance,repair,and replacement of the City's shallow bury electric and water utilities and associated facilities located within the easement premises. The Easement is described on Exhibit B, which is attached hereto and incorporated herein by reference. The Easement and access thereto are granted over, upon, across,in and through the Library Property,described above. This grant of easement shall run with the land for the benefit of the City,and shall be binding upon and inure to the benefit of the City,and its successors and assigns. The City's agents,employees,contractors and other designated persons may go upon the Shallow Bury Utilities Easement at all reasonable times to undertake routine use,operation and maintenance of the City's water and electric system and associated facilities. In the event the City 3 RECEPTION#: 617494, 02/17/2015 at 03:40:29 PM, 7 OF 17, Janice K. Vos Caudill, Pitkin County, CO plans major repairs or replacement of infrastructure within the Shallow Bury Utilities Easement premises,it shall provide the County with reasonable advance notice of the work to be undertaken, and the estimated time of completion. Notwithstanding the foregoing,the City may go upon the Shallow Bury Utilities Easement premises at any time in the event of any emergency situation or condition,and undertake such repair or replacement activities as it deems necessary to properly resolve the emergency situation. Except as specifically set forth herein,nothing contained in this easement agreement or other agreements entered pursuant to this section shall be construed to limit or restrict the County's or the Library's use,maintenance and development of the Library. The County shall retain the right to use and enjoy the Library Property with the exception of the easement premises,except as set forth herein,so long as such use and enjoyment do not interfere with the City's rights to use, occupy and enjoy the easement premises. After the exercise of any of its rights hereunder,the City shall grade and reclaim to restore the surface of the ground to its former condition and contour. 5. 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 use,inspection,operation and maintenance of the City's parking garage and associated facilities. In the event the City plans major repairs or replacement of infrastructure within the Easement premises, it shall provide the County with reasonable advance notice of the work to be undertaken,and the estimated time.of completion and endeavor not to disrupt the operations of the library more than reasonably necessary. Notwithstanding the foregoing,the City may go upon the Easement premises at any time in the event of any emergency situation or condition affecting the structural integrity of the garage or the safety of persons using the Subject property or the Easement premises,and undertake such repair or replacement activities as it deems necessary to properly resolve the emergency situation. The County acknowledges that such response to emergencies may impact library operations. The City will endeavor to keep such impacts to a minimum. After the exercise of any of its rights hereunder,the County shall grade,re-seed,re-pave or re-sod if necessary to restore the surface of the ground to its former condition and contour or modified condition as agreed to by the parties. 6. Improvements/Construction Agreement.The parties agree to execute,prior to the issuance of a building permit for the extension of the library facility an improvements/construction agreement,which will contain the following: A. The county shall be responsible for finishes within the library's structural footprint. Such work shall be permitted by the City Building Department. B. The county will be responsible for waterproofing the parking garage under library structure,shall tie such waterproofing into the City's garage waterproofing system and shall monitor the library's waterproofing. The City will have the opportunity to monitor,assess and direct the waterproofing. C. The City shall retain the right, with County approval (which shall not be 4 J 1 RECEPTION#: 617494, 02/17/2015 at 03:40:29 PM, 8 OF 17, Janice K_ Vos Caudill, Pitkin County, CO unreasonably withheld), to access for construction and maintenance the city parking garage and plaza. The agreement shall provide an allowance for the County,with city approval(which shall not be unreasonably withheld),to modify the structure of the parking garage to accommodate the new library expansion based on approved engineered drawings. D. The agreement shall outline a management plan for construction of the library expansion to minimize impacts to the operation of the parking garage and provide for the reimbursement of lost revenues as a result of the construction.The County will provide reasonable notice of any activity that will specifically impact the garage operations. E. The agreement shall outline the.schedule of the construction of the library expansion and Galena Plaza improvements so that the work performed is coordinated and to minimize the length of construction impacts on the surrounding neighbors. All parties acknowledge that it is their intent to commence construction of the library expansion and the Galena Plaza improvements in 2014. F. The County and Library Board acknowledge that it is standard policy of the City's permit review process to have certain engineering studies and plans submitted by an applicant reviewed by a third party engineer retained by the City. The County and Library Board further acknowledge that this cost is passed onto the permit applicant as part of the permit review process. The County and the Library Board acknowledge that during the review process for this project it is likely that the City will retain a third party engineer and will pass the costs of such reviews onto the County and/or Library Board as part of the building permit application. G. County shall.be responsible for any damages caused to the garage as a result of the construction of the library expansion. City will be responsible for any damages caused to the library caused by the Plaza remodel. H. The City agrees that it will comply with construction restrictions as may be required of it on the Subject Property pursuant to the applicable building codes as a result of the use of windows along the east and south side of the expansion that is planned for the library. The County agrees that it will not construct any improvement along the north wall of the library expansion or assert objections to view obstructions that would interfere with the development of the City's property to the north of the Subject Property. 7. Operational Agreement. The parties agree to execute an operational agreement prior to an issuance of a Certificate of Occupancy for the library expansion, which will set forth the following: A. Shared cost responsibility agreement for operations,maintenance,snow removal, irrigation,drainage,capital improvements and public right of way/use based upon proportionate share of expenses based upon square footage occupancy of the Subject Property. B. County shall be responsible for any damages caused to the garage through the use of the easement. City will be responsible for any damages caused to the library caused by Garage or Plaza operations.The parties shall provide reasonable access to each other to make and repairs or construct improvements to the garage or the 5 RECEPTION#: 617494, 02/17/2015 at 03:40:29 PM, 9 OF 17, Janice K. Vos Caudill, Pitkin County, CO library as may be necessary from time to time. The County acknowledges that the City has constructed a parking garage on the Subject Property and will maintain and operate such garage consistent with operational standards of a parking garage,including standards associated with noise and vibrations.The parties acknowledge that the Garage has been in place for a period of 24 years without any structural issues. The County will be responsible. for any structural damages resulting from the construction or operation of the Library. 8. Use of Subject Property by the City. Except as specifically set forth herein,nothing contained in this easement agreement or other agreements entered pursuant to this section shall be construed to limit or restrict the City's use,maintenance and development of the parking garage, the plaza or adjacent properties. The City shall retain the right to use and enjoy the Subject Property with the exception of the easement premises,except as set forth herein,so long as such use and enjoyment do not interfere with the County's rights to use,occupy and enjoy the Easement premises. 9. Liability to Others. Each party shall be responsible for any and all claims, demands, actions,losses,liabilities,or expenses of whatever sort,including attorney fees,that are brought against it by any person or entity arising out of or in connection with such party's use or. occupation of the Easement premises,or the use or occupation of the Easement premises by its agents,employees,contractors,invitees or licensees,provided,however,that nothing herein shall be construed to abrogate or diminish any protections and limitations afforded to any of the parties by the Colorado Governmental Immunity Act,C.R.S. §24-10-101 et seq. as amended,or other law. In the event any party,or their respective 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. The parties waive any rights of subrogation against each other as relates to any claim, award,judgment, settlement or other resolution of claims concerning the occupancy and use of the Subject Property and Easement premises. 10. Liability to Each Other. All parties agree to hold each other 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 other party on account of or with respect to property damage or injury or death to persons caused by the party's use of the Easement premises or the party'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. The parties agree that the each party shall be listed as an additional insured on the each party's insurance policy for purposes of occupancy and use of the Subject Property and shall provide the other party with a copy of a certificate of insurance regarding such insurance coverage upon request. 6 RECEPTION#: 617494, 02/17/2015 at 03:40:29 PM, 10 OF 17, Janice K. Vos Caudill, Pitkin County, CO 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: To CITY: For City of Aspen: 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 For Pitkin County: County Manager 530 E.Main St. Aspen,CO 81611 With copies to: County Attorney 530 E.Main St. Aspen,CO 81611 11. Binding Agreement-Recording. This Agreement is binding upon the parties hereto,their successors and assigns,and any sale of the Subject Property,or any portion thereof shall be subject to this Agreement. 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 Subject Property shall provide notice of this Agreement and the obligations contained herein. 12. Governing Law:Venue:Attomeys'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 7 RECEPTION#: 617494, 02/17/2015 at. 03:40:29 PM, 11 OF 17, Janice K. Vos Caudill, Pitkin County, CO 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. 13. 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. 14. 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. IS. Termination. This agreement shall be terminated and deemed vacated if the County and the Library Board do not commence construction of the extension of the library facility 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: Witnessed: c. -F— APPROVED AS TO FORM: pen City Attorney V1 COUNTY OF PITKIN: By: !� �1. APPROVED AS TO FORM: Pitkin ity Atto 8 RECEPTION#: 617494, 02/17/2015 at 03:40:29 PM, 12 OF 17, Janice K_ Vos Caudill, Pitkin County, CO STATE OF Coloca90 ) ss. COUNTY OF ;4cY3�r, ) SUBSCRIBED AND SWORN TO�� before me this 13�day of F cw.r 2015, by WhI - - � NOTARY PUBLIC WE NE Q� > 1�seal. My Po�F�iR STATE OF Notary Public (r�� ) ss. COUNTY OF SUBSC`RIB D /.�AND SWORN TO before me this d�day of 04Y 2015, by WITNESS my hand and official seal. My commission expires: r Notary Pub 1c TAMHF-DRISCOL NOTARY PUBLIC STATE OF COLORADO . NOTgqqR'yµ���D 2008/027580 W CflNB8810N'E70'IREB ALLY 17,2018 9 RECEPTION#: 617494, 02/17/2015 at 03:40:29 PM, 13 OF 17, Janice K. Vos Caudill, Pitkin County, CO EASEMENT AGREEMENT EXI IIBTT A OGUIRT MAP OF . EASEMENT A,(CONSTRUCTION/LIBRARY EXPANSION EASEMENT) EASEMENT B,(CONSTRUCTION ACCESS&ROOF MODIFICATION EASEMENT) EASEMENT LIGHT AND AIR SITUATED ON LOT 2,AMENDED RIO GRAND SUBDIVISION,SECTION 7,TOWNSHIP 20 SOUTH,RANGE 94 WEST OF THE 6111 P.M. CITY OF ASPEN,COUNTY OF PITION,STATE OF COLORADO SHEETS OF 2 LOT I RIO GRANDE SUBDIVISION RECEPTION NO.362199 ILL R T g OJ DOOSS,,PARCEL 2 W CEPTION NO. v 455433 a � z N75'09'11•W T 14.4631'W 3m' 2L97' S75.12'WE 44.ar POI! OF BEGINNTN P �NVt 0 ^A LY BOUNDARY OF LOT S`� V^ VEASTERLY WALLOF LIBRARY `1 1, \NO 469 w�G WALL LOT 3 RIO GRANDE S \ SUBDIVISION RECEPTION NO. 362199 m�pp S75'13'29'E 17.60' ABOVE GRADE EXTERIOR a 3 ❑ BUILDING WALL EXISTING ELECTRIC TRANSFORMER POINTOF SEGINNI EASEMENT A ' POWT OF BEGINNIN EASEMENT 51&LIGHT 4L7LY rw' N75'09'21.W 103.39 •3• BLOCK 86 ALLEY U'pA'- z N ■ GPS GALENA _ _HO_PKIN GPS-f GARMLSCH& HOPKINS LEGEND: mom= EASE —A GRAPHICSCALE EASEMENT BI 40 0 20 40 MUMFASEM 12 C'' EASEMENT UGNTANDAI0. (IN FEET) 1Inch= 40 IL ROM'ACCOUMGTO COLORADO LAW YOU MUST SOPRIS ENGINEERING-LLC CE COMMENANYLEGALACTWN BASED UPONAW [ML[ONSULTANIS DUWMTMSUKMWrMNTLREEYEARSAFTER 502 MAINONSULTANTS A3 YOU FRSTDBCOVDC SUOI DETECT.IN NO EVENT MAY EARBONDALE,COLORADO SIM ANY ACTION SAM UPON ANY DEFECT IN THIS wRVEY BE NMMENDFD MORETHAN TEN YEARS FROM THE (970)704-0311 SOPWANGOSOPRISENG.COM ` DATE OF QIIRFIORION SHOWN HEREON. MILL 20144)5-11 Sb M.A3200dNWUU2t%a% l4%lUL-0o0B-2DU LOT 2 AMENDED AID GMND I RECEPTION#: 617494, 02/17/2015 at 03:40:29 PM, 14 OF 17, Janice K. Vos Caudill, Pitkin County, CO EK UBTT MAP OF: EASEMENT A,(CONSTRUCTION/LIBRARY EXPANSION EASEMENT) EASEMENT B,(CONSTRUCTION ACCESS&ROOF MODIFICATION EASEMENT) EASEMENT LIGHT AND AIR SITUATED ON BOT 2,AMENDED RIO GRAND SUBDMSION,SECTION 7,TOWNSHIP 10 SOUTn RANGE 94 WEST OF THE 6th P.M. CITY OF ASPEN,COUNTY OF PRION,STATE OF COLORADO SHEET 2OF 2 EASEMENT DESCRIPTION: An eam mm sltuat d on lot;acc.0%to the Amended Plat ofthe RI.Grande SubdMsion recorded on July 5,2002 as reception number 469W4 In the Pltldn County Records,said easement loafed In Section 7,Township 10 South,Range 84 West of the 6th Prindpd Meridian,City of Aspen,County of Pididn,State of Colorado;said easement being more particularly described As follows: Commencing at the Southwest corner of Old Lot 2;thence 14.14"46'31'L along the Westerly boundary Brie of said Int 2,a dlsana of 15.66 feet to the POINT OF BEGINNING;thence continuing a"aid Westerly boundary It-N.14.46'31"L,■distance of 125.43 feet to a poi.on the extend.of the edW x Ubaty.Nprtherly esferfaewall finished fapde;I-..—kaving said Westerly boundary S.75'12WE..bng the extend.of said Ubrays North"exterior wall finished fapda,44.00 feet thence le.Yhlg the extension of aid Ubrays Northerly exterior wall RnMmd fapde S.W46'31-W.,125.43 feel.to a point.the extension of the existing Ubrays Southerly exterior wall BnNhed fapde; thence N.7S'12'04"W.along said extension of the exiding Uhnarys Southerly exterior wall findalmd f.pde,a dUtana of 44M feet to the POINT OF BEGINNING. - Containing 5,519 square feet Or 0.127 acres,more or less. Said easement A beteg subject to an asement for the operation and maintenance of the existing Garage air vat as depicted.sheet we of thin exhibit EASEMENT 61 DESCRIPTION: An Rssem mt situated on lot 2,according to the Amended Nat of RID Grande Subdividon as recorded on July 5,2002 as reaptlo.number 469504 In the Plddn County Records,aid easement located In Section 7,Tovmshlp 10 South,Range 94 Wert of the 6th Principal Meridian,Clry of Aspen County of PHJdn,State of Caioado;mid easanent being more particularly described a follows: Commencing at the Southwest comer of said Lot 2.the POINT OF BEGINNING;Mena along the Westerly boundary Bne of aid Int 2 N.W4631"E,a distance of 15.66 feet to a point.the a iandon of the existing Ubrary's Southerly exterior wall finished fapde;thence. leawtng RAW westerly boundary One S.75.12'04"L along the extendon of aid existing library's southerly exterior well finished fapde,"DO feet thaw leaving the extension of said existing Library's Southerly exterior wall finished fapde N.14.46'31'L,S251 feet,thaw S.75*23"MaF,a distance of 17.60 feel to a point being 6L6 feet offset Easterly of the Westerly boundary fine of said LOT 2;Thanes S.W46'316W,parallel to mid Waterly boundary One,■distance of 68.23 feet to a pant on the southerly boundary One of mid Lot 2;mew N.75'09'31'W.Along mid Southerly boundary tare,a distance of 6160 feet to the POINT OF BEGINNING. Captaining 1,891 square feet or 0.043 saes,more or las EASEMENT B2 DESCRIPTION: An easementsltuatxd on lot;according to the Amended Plat of filo Grande SubdMslon as recorded on July 5,2002 as reception number 40504 In the Pitkin County Records,mid easement bated in Section 7,Township 10 South.Range 84 West of the 6th Principal Merldtan Ory of Aspen County of PNldn,Sore of Colorado,mid easement being more particularly described as follows: Commencing at the Southwest corner of said lot 2;theme N.14'463VE.along the Westerly boundary Inde ofsaid Lot 2,a distance of 14109 feet to the POINT OF BEGINNING;thence continuing along said Westerly boundary One N.14'4631"E.,a dtst noa of 3.00 feet thence leaving said Westerly boundary One S.75.u'WE,44.00 feet thence S.Vr4li 31"W,3.00 feet to a point.the extension of the exlmng Ubrays Northerly exterior waR finished fapde;thence N.7S612'06`W.along the extension of said existing Uhrary's Northerly exterior wall finished fapde,a distance of 44.00 feet to the POINT OF BEGINNING. Containing 132 square feet or 11003 acro,more or leer EASEMENT LIGHT AND AIR DESCRIpRON: M easement dWated on Lot 2,accordingto the Amended Nat of Rio Grande SubdMsion as recorded on July S,2DD2 as reception number 469504 M the Pttidn County Records,said easement looted M Section 7,Township 10 South,Range 94 Wast of the 6th Principal Meridian City of Aspen County of Mft%State of Colorado;mid easement being mom particularly described as fonows: Commencing at the Southwest coma of said Lot 2,the POINT OF BEGINNING;thence along the Westerly boundary Om of said Lot 2 N.144631'E,a distance of 15.66 feet m a point on the extension ofthe existing Ubrarys Southerly exterior wall finished fapde;thence leaving said Westerly boundary One S.7S'12'W E.along the extendon of said exhtlng Ul arys Southerly extetor wall fintshed fapd.,44.11) feet thence leaving the extension of said existing Ubary's Southerly exterior wan finished fapde N.144691`L,125.43 feet to•pant on the extension of the existing Ubranrs Northerly exterlorwall nnbhW facade;thence S.75"121WEAong the examon of said existing Ubrasys Northerly exterlor well finished facade,a distance of 27.61)feet to a point being 6L6 feat offset Easterly of the Westerly boundary One of mid LOT 2;Thence leaving the extension of mit existing library's Northerly extMor wall flobbed facade S.14`4C31"W.,parallel to said Westerly boundary Ono a distance of 14114 feet to a palm on the Southerly boundary Tina ofsaid Lot 2;thence N.7SW11"W.along said Southerty boundary One,a t stanca of 63.60 feet.the POINT OF BEGINNING. Containing 3,174 square feet or OM3 Kaes,moa or lass. NUrKX-AOCDROINGTOCOLORADO LAWIOUMUST WPM ENGINEERING-LLC COMMENCE ANY LEGALACIION BASED UPON ANY CMLCONSULTANTS DEFECT M THIS YAM WmDN THREE YEARS AFTER 502 MAIN STREET,SURE A3 YOURRSTD"O"SUCHDEFECIr.WNo EVENT MAY CARBONDALE,STREET, COLORAITE AS 3 ANY ACTION BASED UPON ANY DEFECTINTHIS SURVEY RECOMMENCED MORETHAN TBI YEARS FROMTE (9701704-0311 SOPRISENGgSOPRlSENG.COM DATEOF CERTIRCATION SHOWN HEREDIL m17D14a U sb MN 14y1131R-DWI•NU OTIAMENDED RIO GRANDAM RECEPTION#: 617494, 02/17/2015 at 03:40:29 PM, 15 OF 17, Janice K. Vos Caudill, Pitkin County, CO EXHIBIT MAP OP. - EASEMENTA,(CONSTRUCTION/LIBRARY EXPANSION EASEMENT) EASEMENT B,(CONSTRUCTION ACCESS&ROOF MODIFICATION EASEMENT) EASEMENT UGHTAND AIR,EASEMENT SHALLOW BURY UTILITIES SITUATED ON LOT;AMENDED IUD GRAND SUBDIVISION AND IDT 3 RIO GRANDE SUBDIVISION, SECTION 7,TOWNSHIP W SOUTH,RANGE 04 WEST OF THE 6th P.AI QTY OF ASPEN,COUNTY OF PIT aN,STATE OF COLORADO SHEET 1 OF 1 ILL STREET DOS,PARCEL 2 CEPTION NO. 4SS433 ENpEp�ON. Y BOUNDARY v BW ND ADOFLIBRARY '/ -(2 SUB-GRADE/WESTERLYOT �p VgpO`p�95 N N GARAGE WALL E�Q�ON R LOT 3 RIO GRANDE SUBDIVISION RECEPTION NO. 362199 ABOVE GRADE EXTERIOR 0 BURRING WALL EXISTING ELECTRIC TRANSFORMER BLOCK 86 ALLEY LEGEND. N EASEMENTA . EASEMENTAM Bl EASEMENT B2 GRAPHIC SCALE w o m 40 EASEMENT LIGHT AND AIR EASEMENTSHAl1OW BURY UTI-ES IN FEET) _ IInch= 40 R. NOTNEAXWROINTOCOIORADOLAWYOUMUST SOPRISENGINEERING-LLC _ COMMENCE ANY L12ACTION BASED UPON ANY CPALCONSULTANTS DEFET W THIS SURVEY WORN TIMUE YEARSAFTER 502 MAIN STREET,SUITE A3 - YOU RRST SCOVER Sw DEFECT.IN EVE.. CARBONDALE,COLORADO SM23 AWACDON BASED UPON ANY DEFECT W 1HIS SURVEY BE ODMMDm MORETMIWTENYEARS FROM THE (970170E-0311SOPRISENGE1SOPRISENG.COM DATEOFCOMCATUNI SHOWN HEREON. 21LU 2D14d6-116 M.'IS10DdRRAi1l7RIDQm11\Il]7D-0ORB-m111Df!AMENDED ILIO GRAND.dm RECEPTION#: 617494, 02/17/2015 at 03:40:29 PM, 16 OF 17, Janice K. Vos Caudill, Pitkin County, CO EASEMENT AGREEMENT EXHIBIT B WOW MAP Of, EASEMENT SHALLOW BURY UTILITIES SITUATED ON LOT 3,RIO GRAND SUBDN610N,SECTION 7,TOWNSHIP 10 SOUTH,RANGE Sa WEST OF THE fith P.M. CITY OF ASPEN,COUNTY OF PITMK STATE OF COIDRADO SHEETIOF2 1 LOT 1 RIO GRANDE SUBDIVISION RECEPTION NO.362199 8 MILLSTREET .,4D, C DOS,PAR, L 2 CEPTION I `av 455433 0 e 75'09'11"W z 21.9T 575'09'11"E 152.16' Y BOUNDARY OF LOT rLOE�ILD 21EASTERLY WALL OF LIBRARY PN1E O�v \ lt% suB GR FnYESfERLY GARAGE WALL X011.�S%e 0 f r.9 U^ L0T3 � �v 1\014 BONN •+ RIO GRANDE ,10, SUBDIVISION W RECEPTION NO. - m 362199 o in ABOVE GRADE EXTERIOR O BUILDING WALL Z Z 573'12'04-E 6.18' EXISTING ELECTRIC TRANSFORMER N34'4T56'E l 2' S7S'12YM-E 3.81' E WNG 34'46'31•E 5.12' GARAGE '42YR•E 275T AIRVENT S58'25 E S75'WWE 101.88' POINT OF BEGINNING �pQ.,• N750911 152.36' BLOCK 86 ALLEY ----• 11•75 6'53"IW(BASIS C FBEARING .---'-' - GP; GARMISQIB I ( • GALENA 9 I . HOPONS NOPIC NS LEGEND: EASEMEMTSHALLOW BURYUTIUIES GRAPHIC SCALE 40 0 m 40 (IN FEET) 11rwh- 40fL - NandALYDRDIN mDLomwtANroumtw SOPRISENGINEERING-LLC COMMENCEAWLEGN.AaMRASEDUPONANr aVILCONwITANTS DOWINTMSSURVEr WTOONTMSFEYFARSAFTER SOIAWNSTREET,SUITE A3 ANIS CF DDISED UPON CII DEF wN TMIS SUM CARBONDALE,CDIDRADO SIM BE CDM ION BASED UPON ANY DEFECT W THIS AN1IEr BECOMMCNlEO TH MORE TIWITEN YEARS FROM E (970)7IW031150PRI5ENGOSOPRISENG.COM GATEO'OVMF,nON SHOWN HEREON. 28171201441611 H.M.NUW&.PW22tlIDlWU\I%22& I0-M 1LDT3AMENDEDMOGRAND..4 RECEPTION#: 617494, 02/17/2015 at 03:40:29 PM, 17 OF 17, Janice K. Vos Caudill, Pitkin County, CO EXHIBIT MAP Of: EASEMENT SHALLOW BURY UTILITIES SITUATED ON LOT 3,RIO GRAND SU90MSION,SECTION 7,TOWNSHIP IO SOUK RANGE 84 WEST OF THE 6th P.M CITY OF ASPEN,CW NTY OF PRION,STATE OF COLORADO SHEET20F1 EASEMENT SHALLOW BURY Lin LITIES DESCRIPTION: M easement situated on Lot 3,according to the Plat of the RIO Grande Subdivision recorded on October 18S,1993 as reception number 362199 M the Pitkin County Records,said easement located In Section 7,Township SO South, Range 84 West of the 6th Principal Meridian,City Of Aspen,County Of Pitkin,State of Colorado;said easement being more particularly described as follows Beginning at the Southeast comer of said Lot 3 the POINT OF BEGINNING;thence N.75"09'11"W.along the Southerly boundary line of said Int 3,a distance of 152.36 feet to Southwest comer of said Lot 3;thence N.14'S0'49'E along the Westerly boundary nne of said Lot 3,a distance of 10.00 feet;thence leaving said Westerly boundary the following four(4)courses 1) 5.75'09'11"E.,a distance of 101.88 feet; 21 S.5875'36'E.,a distance of 13.67 feet; 3) S.81'42'02'E.,a distance of 2757 feet; 4) N.10WII1"E.,a distance of S.12 feet to a point on the existing Library's Southerly exterior wall finished facade; thence the following three(3)courses along said Southerly and extension of Southerly exterior wall finished facade: 1) 5.75'12'04"E.,a distance of 3.81 feet 2) N.14'47'56'E_a distance of 132 feet; 3) S.7S12'04"E.,a distance of 6.16 feet to a point on the Easterly boundary line of said Lot 3; thence S.14.46'31'W.along said Easterly boundary line,15.59 feet to the POINT OF BEGINNING. Containing 1,485 square feet or 01134 acres,more or less ' i Nonce ACCORMOTOCOLORADOuwYOUMUSr SOPRIS ENGINEERING-LLC ODMM01tE ANY LEGLALTION RASED UPON ANY CTVILCONSULTANTS DEFECT NTHISSIRYEY WMN THBR YEARS AFM 5WMAINSMET,SUOEA3 rou w sro smvusua mYtr.LN NO MM MAY CARBONDALF,COLORADO 81613 ANYACRON SAM UPONANY OM7IN THISSIRVEY aEODMMUM MORETHANTE4 YTARS rAOMTHE (970)7040311 SOPRLSENGQSOPRi5EN6.COM DAR OF CEKIWCATION SHOWN HEREON. 7a1112D144*11 rb LOT 3 AMENDED RIO GUNDAwa RECEPTION#: 617495, 02/17/2015 at 03:40:30 PM, 1 OF 14, R $0.00 Janice K. Vos Caudill, Pitkin County, CO EASEMENT AGREEMENT This Easement Agreement entered into this i lam` day of do. 2015, by and between THE CITY OF ASPEN("City"),a Colorado municipal corporation azfd home rule city, and COUNTY OF PITKIN, STATE OF COLORADO ("County") concerns and specifies the following: RECITALS WHEREAS,in 1995 the County conveyed to the City pursuant to a deed recorded in the real property records of Pitkin County, in Book 785 at Page 981, Reception No. 383033 (the "Deed"),the following described real property: The Rio Grand Subdivision Lot 2. Apart of the Southwest one quarter of Section 7, Township 10 South Range 84 West of the Sixth Meridian, City of Aspen, Colorado according to the Plat thereof recorded in Plat Book 32 at Page 83 in the Pitkin County Clerk&Recorder's Office,.... now known as the Rio Grande parking garage(the"Subject Property");and WHEREAS,within the deed,above described,the County reserved to itself an easement for the expansion of the Pitkin County Library,with such reservation stated as follows: reserving however,an easement for the purpose of constructing an expansion of the existing Pitkin County Library facility. Said easement shall extend 44 (44) (sic)feet out from the full extent of the existing east wall of the Library. (the"Existing Reserved Easement");and, WHEREAS, on or about 1990, prior to the conveyance set forth in the Deed, the City completed construction of a parking garage on the Subject Property;and WHEREAS,the County is the owner of land situated adjacent to the parking garage-more particularly described as follows: Lot 3,Rio Grand Subdivision.A part of the Southwest one quarter of Section 7, Township 10 South Range 84 West of the Sixth Meridian,City of Aspen,Colorado according to the Plat thereof recorded in Plat Book 32 at Page 83 in the Pitkin County Clerk&Recorder's Office (the"Library Property);and WHEREAS,there currently exists on the Library Property the Pitkin County Library and the County and the Library wish to expand the existing library facility into the existing garage and 1 1 RECEPTION#: 617495, 02/17/2015 at 03:40:30 PM, 2 OF 14, Janice K. Vos Caudill, Pitkin County, CO beyond the extent of the Existing Reserved Easement;and WHEREAS,the parties recognize that the library expansion can be constructed within the reserved easement but would require support columns through the existing garage and in order to construct,use,operate, maintain, and repair the expansion of the existing library facility, with minimal impact to the City's existing parking garage and without the use of support columns,the parties wish to define and amend the extent of the existing easement reservation and to enter into agreements regarding the obligations of construction and operation of the library and the parking garage;and WHEREAS,the City is willing to grant and convey new easements to the County and the City and County are willing to modify the existing reserved easement, together the with the Easement premises,on the terms and conditions herein provided to facilitate the construction of the expansion of the library facility. In addition,the County is willing to grant and convey to the City a Shallow Bury Utilities Easement on the terms and conditions set forth herein. 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: 1. Modification of Existing Reserved Easement. The Existing Reserved Easement was designated as extending 44 feet"out from the full extent of the existing east wall of the Library." The parties hereby agree to modify this description so that the Easement shall extend forty-four feet(44') from the western edge of the Subject Property over the surface of the Galena Plaza extending from the north edge of the library's existing north wall to the south edge of the library's existing south wall. Further,the parties agree to modify the Existing Reserved Easement to allow the expansion of the library facility on the southern portion of the Existing Reserved Easement, extending from the south edge of the south wall of the existing library north for fifty-two and 51/100feet(52.51') to extend approximately four feet (4')below the surface of the roof of the existing garage. The parties further agree to modify the Existing Reserved Easement to grant the County a light and air easement which shall extend from the southwestern comer of the Subject Property to the east along the southern boundary sixty-one and 6/10 feet(61.60'),thence north one hundred and forty-one&14/100 feet(141.14'),thence seventeen and 6/10 feet(17.60')to the west to the northeast corner of the Existing Reserve Easement,thence along the eastern boundary of the Existing Reserve Easement to the southeast corner of the Existing Reserve Easement,thence west forty-four feet(44.0')to the western boundary of the Subject Property, thence south along the Subject Property western boundary fifteen and 66/100' feet (15.66') to the point of beginning. This light and air easement does not give the County any rights to use or occupy this additional area but the City agrees not to build any structures on the surface of the garage roof that would impair the County's or Library's ability to construct the library expansion within the forty four(44)foot easement. This grant of a modification of the Existing Reserved Easement shall be perpetual and exclusive and shall constitute a covenant running with the land to the benefit of the County library property and burdening the Subject property. The County acknowledges and agrees,however,that the City will improve the surface of the roof of the garage,known as Galena Plaza,and that such improvements will be within the Existing Reserved Easement, as modified herein,abutting the proposed expansion.This modified Existing Reserve Easement and light and 2 1 RECEPTION#: 617495, 02/17/2015 at 03:40:30 PM, 3 OF 14, Janice K. Vos Caudill, Pitkin County, CO air easement is more particularly described in Exhibit A,attached hereto and incorporated herein by this reference and is referred to therein as Easement A and Light and Air Easement. 2. Grant of New Easements. The City does hereby grant and convey to the County perpetual,non-exclusive easements("New Easements B I and 132")for the purposes of providing structural support for the excavation,construction,operation,use,maintenance,and repair of an extension to the existing library facility within the Easements premises.New Easement BI shall extend into the Subject Property approximately seventeen and 6/10 feet(17.6')to the east of the Existing Reserved Easement,as modified above,extending to and include the eastern edge of the wall and columns which currently exist at such location and shall extend to the south of the Existing Reserved Easement,as modified above,fifteen and 66/100 feet(15.66')to the southern boundary of the Subject Property. The New Easement shall extend from the southwestern corner of the Subject Property to the east along its southern boundary sixty-one and 6/10 feet(61.6')to the eastern edge of the wall and columns which currently exist at such location. From the eastern point of the easement on the southern boundary of the Subject Property,the New Easement shall extend to the north sixty-eight and 23/100 feet(68.23')along the line corresponding to the location of the wall and columns that currently exist, which runs parallel to the eastern boundary of the Existing Reserved Easement,as modified above.New Easement B2 shall extend three feet(3.00') to the north of the Existing Reserve Easement, as modified above, to the northern edge of the garage beam below. The New Easements are more particularly described on Exhibit A attached hereto and incorporated herein by reference and referred to therein as Easements B 1 and B2. The easements granted herein shall be below the surface of the Galena Plaza and the roof of the garage and above the ceiling of the Parking Garage and shall only be to the extent necessary to provide structural support. This grant of easement shall run with the land for the benefit of the County and shall constitute a covenant burdening the Subject Property and shall be binding upon and inure to the benefit of the City and the County and their successors and assigns-' As set forth below,the City shall have access to the easement property for maintenance of the garage air vent and any other repairs that are necessary for the Garage. 3. Garage Air Vent. Notwithstanding anything to the contrary in the preceding two paragraphs, the parties acknowledge that the use of the easements granted above will accommodate the existing Garage Air Vent. 4. Grant of Shallow Bury Utilities Easement. The County does hereby grant and convey to the City a perpetual non-exclusive easement and right of way(the"Shallow Bury Utilities Easement") for the purposes of excavation,installation,operation,use,maintenance,repair,and replacement of the City's shallow bury electric and water utilities and associated facilities located within the easement premises. The Easement is described on Exhibit B, which is attached hereto and incorporated herein by reference. The Easement and access thereto are granted over, upon, across,in and through the Library Property,described above. This grant of easement shall run with the land for the benefit of the City,and shall be binding upon and inure to the benefit of the City,and its successors and assigns. The City's agents,employees,contractors and other designated persons may go upon the Shallow Bury Utilities Easement at all reasonable times to undertake routine use,operation and maintenance of the City's water and electric system and associated facilities. in the event the City 3 RECEPTION#: 617495, 02/17/2015 at 03:40:30 PM, 4 OF 14, Janice K. Vos Caudill, Pitkin County, CO plans major repairs or replacement of infrastructure within the Shallow Bury Utilities Easement premises,it shall provide the County with reasonable advance notice of the work to be undertaken, and the estimated time of completion. Notwithstanding the foregoing,the City may go upon the Shallow Bury Utilities Easement premises at any time in the event of any emergency situation or condition,and undertake such repair or replacement activities as it deems necessary to properly resolve the emergency situation.. Except as specifically set forth herein, nothing contained in this easement agreement or other agreements entered pursuant to this section shall be construed to limit or restrict the County's or the Library's use,maintenance and development of the Library. The County shall retain the right to use and enjoy the Library Property with the exception of the easement premises,except as set forth herein,so long as such use and enjoyment do not interfere with the City's rights to use, occupy and enjoy the easement premises. After the exercise of any of its rights hereunder,the City shall grade and reclaim to restore the surface of the ground to its former condition and contour. 5. 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 use,inspection,operation and maintenance of the City's parking garage and associated facilities. In the event the City plans major repairs or replacement of infrastructure within the Easement premises, it shall provide the County with reasonable advance notice of the work to be undertaken,and the estimated time of completion and endeavor not to disrupt the operations of the library more than reasonably necessary. Notwithstanding the foregoing,the City may go upon the Easement premises at any time in the event of any emergency,-Situation or condition affecting the structural integrity of the garage or the safety of persons using the Subject property or the Easement premises,and undertake such repair or replacement activities as it deems necessary to properly resolve the emergency situation. The County acknowledges that such response to emergencies may impact library operations. The City will endeavor to keep such impacts to a minimum. After the exercise of any of its rights hereunder,the County shall grade,re-seed,re-pave or re-sod if necessary to restore the surface of the ground to its former condition and contour or modified condition as agreed to by the parties. 6. Improvements/Construction Agreement.The parties agree to execute,prior to the issuance of a building permit for the extension of the library facility an improvements/construction agreement,which will contain the following: A. The county shall be responsible for finishes within the library's structural footprint. Such work shall be permitted by the City Building Department. B. The county will be responsible for waterproofing the parking garage under library structure,shall tie such waterproofing into the City's garage waterproofing system and shall monitor the library's waterproofing. The City will have the opportunity to monitor,assess and direct the waterproofing. C. The City shall retain the right, with County approval (which shall not be 4 RECEPTION#: 617495, 02/17/2015 at 03:40:30 PM, 5 OF 14, Janice K_ Vos Caudill, Pitkin County, CO unreasonably withheld), to access for construction and maintenance the city parking garage and plaza. The agreement shall provide an allowance for the County,with city approval(which shall not be'unreasonably withheld),to modify the structure of the parking garage to accommodate the new library expansion based on approved engineered drawings. D. The agreement shall outline a management plan for construction of the library expansion to minimize impacts to the operation of the parking garage and provide for the reimbursement of lost_revenues as a result of the construction.The County will provide reasonable notice of any activity that will specifically impact the garage operations. E. The agreement shall outline the schedule of the construction of the library expansion and Galena Plaza improvements so that the work performed is coordinated and to minimize the length of construction impacts on the surrounding neighbors. All parties acknowledge that it is their intent to commence construction of the library expansion and the Galena Plaza improvements in 2014. F. The County and Library Board acknowledge that it is standard policy of the City's permit review process to have certain engineering studies and plans submitted by an applicant reviewed by a third party engineer retained by the City. The County and Library Board further acknowledge that this cost is passed onto the permit applicant as part of the permit review process. The County and the Library Board acknowledge that during the review process for this project it is likely that the City will retain a third party engineer and will pass the costs of such reviews onto the County and/or Library Board as part of the building permit application. G. County shall be responsible for any damages caused to the garage as a result of the construction of the library expansion. City will be responsible for any damages caused to the library caused by the Plaza remodel. H. The City agrees that it will comply with construction restrictions as may be required of it on the Subject Property pursuant to the applicable building codes as a result of the use of windows along the east and south side of the expansion that is planned for the library. The County agrees that it will not construct any improvement along the north wall of the library expansion or assert objections to view obstructions that would interfere with the development of the City's property to the north of the Subject Property. 7. Operational Agreement. The parties agree to execute an operational agreement prior to an issuance of a Certificate of Occupancy for the library expansion, which will set forth the following: A. Shared cost responsibility agreement for operations,maintenance,snow removal, irrigation,drainage,capital improvements and public right of way/use based upon proportionate share of expenses based upon square footage occupancy of the Subject Property. B. County shall be responsible for any damages caused to the garage through the use of the easement. City will be responsible for any damages caused to the library caused by Garage or Plaza operations.The parties shall provide reasonable access to each other to make and repairs or construct improvements to the garage or the 5 RECEPTION#: 617495, 02/17/2015 at 03:40:30 PM, 6 OF 14, Janice K. Vos Caudill, Pitkin County, CO library as may be necessary from time to time. The County acknowledges that the City has constructed a parking garage on the Subject Property and will maintain and operate such garage consistent with operational standards of a parking garage,including standards associated with noise and vibrations.The parties acknowledge that the Garage has been in place for a period of 24 years without any structural issues. The County will be responsible for any structural damages resulting from the construction or operation of the Library. 8. Use of Subject Property by the City. Except as specifically set forth herein,nothing contained in this easement agreement or other agreements entered pursuant to this section shall be construed to limit or restrict the City's use,maintenance and development of the parking garage, the plaza or adjacent properties. The City shall retain the right to use and enjoy the Subject Property with the exception of the easement premises,except as set forth herein,so long as such use and enjoyment do not interfere with the County's rights to use,occupy and enjoy the Easement premises. 9. Liability to Others. Each party shall be responsible for any and all claims, demands, actions,losses,liabilities,or expenses of whatever sort,including attorney fees,that are brought against it by any person or entity arising out of or in connection with such party's use or occupation of the Easement premises,or the use or occupation of the Easement premises by its agents,employees,contractors,invitees or licensees,provided,however,that nothing herein shall be construed to abrogate or diminish any protections and limitations afforded to any of the parties by the Colorado Governmental Immunity Act, C.R.S. §24-10-101 et seq. as amended,or other law. In the event any party,or their respective 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 ofeach which in fact caused such legal injury,damage or harm as determined by court judgment or settlement of claims. The parties waive any rights of subrogation against each other as relates to any claim, award,judgment, settlement or other resolution of claims concerning the occupancy and use of the Subject Property and Easement premises. 10. Liability to Each Other. All parties agree to hold each other 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 other party on account of or with respect to property damage or injury or death to persons caused by the party's use of the Easement premises or the party'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. The parties agree that the each party shall be listed as an additional insured on the each party's insurance policy for purposes of occupancy and use of the Subject Property and shall provide the other parry with a copy of a certificate of insurance regarding such insurance coverage upon request. 6 RECEPTION#: 617495, 02/17/2015 at 03:40:30 PM, 7 OF 14, Janice K. Vos Caudill, Pitkin County, CO 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: To CITY: For City of Aspen: 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 For Pitkin County: County Manager 530 E.Main St. Aspen,CO 81611 With copies to: County Attorney 530 E.Main St. Aspen,CO 81611 11. Binding Agreement-Recording. This Agreement is binding upon the parties hereto,their successors and assigns,and any sale of the Subject Property,or any portion thereof shall be subject to this Agreement. 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 Subject Property shall provide notice of this Agreement and the obligations contained herein. 12. Governing Law;Ventre;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 7 RECEPTION#: 617495, 02/17/2015 at 03:40:30 PM, 8 OF 14, Janice K. Vos Caudill, Pitkin County, CO 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. 13. Authorization ofSignatures. 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. 14. 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. 15. Termination. This agreement shall be terminated and deemed vacated if the County and the Library Board do not commence construction of the extension of the library facility 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: Witnessed: APPROVED AS TO FORM: ' spen City Attorney V/ COUNTY OF PITKIN: By: ��Lu Pu E'. (.tU APPROVED AS TO FORM: Pitkin my Atto 8 RECEPTION#: 617495, 02/17/2015 at 03:40:30 PM, 9 OF 14, Janice K_ Vos Caudill, Pitkin County, CO STATE OF Cokoo<.Q.o ) ss. COUNTY OF ;40a& ) SUBSCRIBED AND SWORN TO before me this t3 day of FcSor,wr 2015, by a,- NOTARY PUBBLOLIC�pU��� My , seal. Notary Public STATE OF 1 ss. COUNTY OF -t SUBS CRIB D AND SWORN TO before me this>/Jaday of 2015, by �? !- /CI WITNESS my hand and official seal. ll�� My commission expires: r Notary Pub 1c TAMMIE DRISCOL NOTARY PUBUC STATE OF COLORADO NOTARY ID 2008027380 MY COIM88810N E>�ItEB AILY t7,2018 9 RECEPTION#: 617495, 02/17/2015 at 03:40:30 PM, 10 OF 14, Janice K_ Vos Caudill, Pitkin County, CO EASEMENT AGREEMENT EXHIBIT A EXHIBIT MAP OF: EASEMENT A,(CONSTRUCTIONAIBRARY EXPANSION EASEMENT) EASEMENT B,(CONSTRUCTION ACCESS&ROOF MODIFICATION EASEMENT) EASEMENT LIGHTAND AIR SITUATED ON LOT 2,AMENDED RIO GRAND SUBDIVISION,SECTION 7,TOWNSHIP 10 SOUTH,RANGE 84 WEST OF THE RIN P.M. CITY OF ASPEN,COUNTY OF MIGN,STATE OF COLORADO SHEET 1 OF 2 LOT 1 RIO GRANDE SUBDIVISION RECEPTION NO.362199 ' ILL STREET CO DOS,PARCEL 2 ECEPTION NO. 5+ 455433 0 a z N75'09'11"W / N 2197, 14'4531'W 3.00' POINTOFBEGIN N S'12'64'E 44.00' \CI ENT B2 ��ND v05 014 2/EASTELRYL"RRJ VE�Y \Ol�jpN95� GARAGE WALL Q1\01A LOT 3 RIO GRANDE SUBDIVISION RECEPTION NO. 362199 m 575'13'2B'E 17.60' a ABOVE GRADE EXTERIOR O El WALL DOSTING ELECTRIC TRANSFORMER POINT OF BEGINNI EASEMENTA POINT OF BEGINNIN EASEMENT B3 8 UGHT 41.70' 11 ' 103.30' .�, BLOCK 86 ALLEY o4'- z Q >. GPS-! " l7 .~ • GALENA HOPKIN N 75' 6'53"W ASIS OF B — GP56 IVO MIS Sk LEGEND: EASEMENTA GRAPHIC SCALE EASEMENT 02 40 D A 40 \�d EASEMENT B2 EASEMENT LIGHT AND AIR (IN FEET) : .. linTh= 40it. NOTIa:A OING TO COLORADO LAW YOU MUST SOPRIS ENGINEERING-LLC COMMENCE ANY LEGAL ACTON BASED UPON AM CML CONSULTANTS DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER 502 MAIN STREET,SUITE A3 YOUFIRSTDLSCOVER SUOi DEFER.IN NO EVENT MAY CARBONDALE,COLORADO 81623 AW ACTION BASED UPON ANY DEFER IN THIS SURVEY BE COMMENCED MORE THAN TEN YM FROM THE (8701704-0311 SOPRISE IGOSOPRISENG.COM DATE OFCERIIFIGnON SHOWN HEREON. ]t111301A-06-11 sb M:�SIOOdwpUlt2B�E1f�]OlA\31211-FlMIB-70311Of 1AMENDED RIO QANO RECEPTION'#: 617495, 02/17/2015 at 03:40:30 PM, 11 OF 14, Janice K_ Vos Caudill, Pitkin County, CO EXMerr MAP OF: EASEMENT A,(CONSTRUCTION/LIBRARY EXPANSION EASEMENT) EASEMENT B,(CONSTRUCTION ACCESS&ROOF MODIFICATION EASEMENT) EASEMENT LIGHT AND AIR SITUATED ON IAT 2;AMENDED RIO GRAND SUBDIVISION,SECTION 7,TOWNSHIP SO SOUTH,RANGE 64 WEST OF THE 6th P.M. CITY OF ASPEN,COUNTY OF PITKIN,STATE OF COLORADO SHEET 2 OF EASEMENT A DESCRIPTION: An easement sto on Lot 2,according to the Amended Plat tithe Rb Grande Subdivision recorded on July 5,2002 a reception number 4695W In the Pitidn County Records,said easement located In Section 7,Township 10 South,Range 64 West tithe 6th Prlodpai Meridian,City of Asper,County of Pitkin,State of Colorado;Bald easement being mon partiodarly descdbed a follows: Commenting at the Southwest comer of said Lon 2;thence N.14'46'31"E along the Westerly boundary One of said Lot 2,a distance of 15.66 feet to the POINT OF BEGINNING;thence continuing Wong said Westerly boundary One N.14.46'31"E.,a distance of 125.43 feet to a point on the extension of the existing Ubrarys Northerly arterior wall finished tapde;thence leaving said Westerly boundary S.75"12'O4"E along the extension of said Llbrays Northerly c4erlor wall finished tapde,44.00 feet thence leaving the extension of sold Ubrays Northerly exterior wall finWwd tapde S.14"46'31"W.,125.43 feet to a Point on the extension of the costing Ubrarys Southerly exterior well finished fapde; thence 105.12'04'W.slang said extension of the costing Library's Southerly exterior wall finished fapde,a distance of 44.00 feel to the POINT OF BEGINNING. Containing 5,519 aquae feet or 0.127 saes,more or les:. Said easement A being subject to an easement for the operation and maintenance of the existing Garage ab vent as depicted on sheet one of this exhibit EASEMENT 61 DESCRIPTION: An eammentsituated on Lot 2,acmrding ter the Amended Plat of Rb Grande Subdivision as recorded on July 5,2002 as reception number 469504 N the PNkb mti County Records,mid easement located In Section 7,Township 10 South,Range 84 West the 6th Principal Meridian,City d Aspen,County of PNkdn,State of Colorado;said easement being more particularly described as follows: Can mmeing at the Southwest comer of said Lot 2,the POINT OF BEGINNING;thence along the Westerly boundary 8ne of said lot 2 14.1484611"E.,a distance of 15.66 feet to a palm on the extension of the existing Ubrary's Southerly exterior wall finished fapde;thence leaving mid Westerly boundary Ione S.75"12'O4"E.along the extension of said existing Ubrary's Southerly exterior wall finished fapda,44.00 Net.,thence having the extension of said existing Ubrarys Southerly exterior wall finished fK.de N.14'46'31"E.,5251 feet;thence S.75"13WE_a distance of 17.60 feet to a pond oun being 6L6 feet offset Easterly of the Westerly bdery Wise f sold LOT 2;Th— S. 10"46'31"W.,parallel to said Westerly boundary One,•distance of68.23 feet to a point on the Southerly boundary One of mid lot 2;thence N.75"09'11"W.along said Southerly boundary Tine,a distance of 6160 fin to the POINT OF BEGINNING. Comalrong 1,891 square feat or 0.043 acres,more or less. EASEMENT 82 DESCRIPTION: An easement situated on lot 2,according to the Amended Plat of Rb Grande Subdivision as recorded can July 5,2002 as reception number 469504 In the PRIM County Records,min easement located In Section 7,Township 10 South,Rage 64 West ofthe 6th Principal Meridian,City of Aspem,County of PMdn,Sate of Colorado;mid eams-rd being more particularly described IS follows: Commenting at the Southwest comer of mid lot 2;thence N.14Y6'31"E Won the Westerly boundary line of said Lot 2 a distance OF 14109 feet to the POINT OF BEGINNING;thence continuing along mid Westerly boundary fine N.14.46'31"E.,a distance of 3.00 feet thence leaving said Westerly boundary One S.7S'12'O4"E,44.00 feet thence S.14.46'31"W.,3.00 feet to a point on the extemlon of the existing Ubrays Northerly exterior well finished fapde;thence N.7S"12'04"W.along the extension of said adsd%Ubrmys Northerly exterior wall finished N;Pde,a distance of44.00 feet to the POINTOF BEGINNING. Comalnbg 112 square feet or 0.003 acres,mom or lea. EASEMENT LIGHT AND AIR DESCRIPTION: An imminent situated m Lot 2,according to the Amended Plat of Rb Grande SubdMsim a recorded on July 5,2002 as reception number - 469504 In the PHldn County Records,mid easement bated In Section 7,Township 10 South,Range 84 West of the 6th Principal Meridien,City ofAspen,County of PRIM,State of Colorado;mid eammem being more particularly described as follows: Commancig at the Southwest comer of said lot 2,the POINT OF BEGINNING;thence along the Westerly boundary One at said Lot 2 N.14.461VE,a distance of 15.66 feet to.point on the adenslon of the existing Ubraryf Southerly exterior wall fWshed fapde,-thence ' leaving said Westerly boundary fine S.75"12'04"E.along the extension of mid exWng Library's Southerly exterior wall finished fapde.44.00 feet thence Iearing the extension of said exhtbg Ubrarys Southerly exterior well finished fa{ade N.14"4031"E„125.43 feet to a point on the extension of the existing Ul rary's Northerly,exterior wail finished facade;thence S.TS'12'04"Lalag the munsion ofsad sainting Ubnarys Northerly exterior wall finished facade,a distance of 17.60 feet to a point being 6L6 feet offset Easterly ofthe Westerly boundary One of sad LOT 2;Thence leaving the extension ofsaid existing Ubrary's Northerly exterior wall finished facade S.14%6'31"W.,parallel to mid Westerly boundary line,a distance of 14114 feet to a point on the Southerly boundary Ilse of sad Lot 2;Mena N.75"09'11"W.along said Southerly boundary line,a distance of 61.60 fin to the POINT OF BEGINNING. Containing 3,174 Square feet or 0.073 acres,cove v less. Nan:E:AaoetRNGTOnxwRADDLAW YOU MUSTY SOPRISENGINEERING-LLC WMMENDE ANY LEGAL ACTION BASED UPON ANY ,CIVIL CONSULTANTS DEFECT W THIS SURVEY W THIN TNREE YEARS AFTER 502 IVIL ONULTANTS A3 YOU P"WI BmVDt SUCH DEFER.W No EvW WY CARBOMAINDALSTREET,COLORADO 81623 ANY ACTON BASED UPON A DEFECT W THIS SURVEY KOWMENCEDMORETHANTENYEARSFRDMTHE (970)704-0311 SOPRISENGPSOPRISENG.COM DATE OF CEIVIRCA1gN SHIC)"HEREON' —112M4 0611 sb M.N31ODd—NI2223\EA2014%11228F l-031 LOT7 AMENDED RIO GRANDAwa RECEPTION#: 617495, 02/17/2015 at 03:40:30 PM, 12 OF 14, Janice K. Vos Caudill, Pitkin County, CO D HIBIT MAP M. EASEMENT A,(CONSTRUCTION/LIBRARY EXPANSION EASEMENT) EASEMENT B (CONSTRUCTION ACCESS&ROOF MODIFICATION EASEMENT) EASEMENT LIGHT AND AIR,EASEMENT SHALLOW BURY UTILITIES SITUATED ON LOT 2,AMENDED RID GRAND SUBDNLSION AND LOT 3 RIO GRANDE SUBDIVISION, SECTION 7,TOWNSHIP 10 SOUTH,RANGE 94 WEST OF THE 6th P.M. CRY OF ASPEN,COUNTY OF PITION,STATE OF COLORADO SHEET I OFI T RE CARCEL2 N NO. 33 NOEOSON 2/EASTERLY WALL OF LIBRARY \\ / vo NO C Nl 6 NOARY OF LOT A \p95 SUB-GRADE/WESTERLY GARAGE WALL LOT 3 RIO GRANDE ' SUBDIVISION RECEPTION NO. 362199 ABOVE GRADE FMFRIOR - O BUILDING WALL EMSTING ELECTRIC TRANSFORMER O BLOCK 86 ALLEY F LEGEND: EASEMENTA EASEMENTBS GRAPHIC SCALE EASEMENT 82 I 4D o m 4B / EASEMENTLIGHTANDAIR (IN FEET) EASEMENTSHAU.OW BURY UTILITIES 1 Inch= 40 ft. FIOTIM ACCORDING TO COLORADO LAW YOU MUST SOPRIS ENGINEERING-LLC CDMMENCE ANY LEGAL ACTION BASED UPON ANY CML CONSULTANTS DEFER IN THIS SUMO'WITHIN THREE YEARS AFTER 502 MAIN STREET,SURE A3 YOU FIRST DISEOVER SUCH DEFER.WHOEVENT MAY URBONDALE,COLORADO 81623 ANY ACTION BAS[0 UPON ANY DEFER IN 7HI5 SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE (970)70-0311 SOPRISENGOSOPRISENG.COM _ DATE OF CERTWCATON SHOWN HEREON. =12014-0 11 6 M:43SWdvp\11129\DVM4UI228409HIB•2011LOT1 AMENDED RIO GRANDAM l RECEPTION#: 617495, 02/17/2015 at 03:40:30 PM, 13 OF 14, Janice K. Vos Caudill, Pitkin County, CO EASEMENT AGREEMENT EXHIBIT B UHIBR MAP OF: _ EASEMENT SHALLOW BURY UTILITIES SITUATED ON LOT 3,RIO GRAND SUBDIVISION,SECTION 7,TOWNSHIP 10 SOUTH,RANGE 84 WEST OF THE 6th P.M. CITY OF ASPEN,COUNTY OF PMaN,STATE OF COLORADO SHEET OF LOT 1 RIO GRANDE SUBDIVISION ( RECEPTION NO.362199 MILLvt L STREET CO DOS,PARCEL 2 - CEPTION NO. v 455433 b ti 75'09'11"W Z 21.97' 575'09'11"E I 152.16' RLY BOUNDARY OF LOT Np��0 2lEAS1EUBYWALL DF/WESBTERLIGARAGE `pZ NOSvgpO\Q6g50a LOT 3QZ\ON RIO GRANDE 90 SUBDIVISION RECEPTION NO. - a 362199 e u� ABOVE GRADE EXTERIOR O BUILDING WALL = Z �y EXISTING ELECTRIC 575'12'04'E 6.18' TRANSFORMER N14'IT56"E 132' E70571NG 575'12'04"E 3.81' 14'4831"E 5.12' GARAGE 12'02"E 2757AIRVENT 558'25' E S75'0711'E 101.88' POINT OF BEGINNING - - N75 09 11"W 152.36' S5�' r BLOCK 86 ALLEY I IN 75 6-53'W(BASIS OF BEARING] , GPs-6 —.____. ._ • GPS I GANMIS01 A GALENA 6 NOPgNS j HOPKINS LEGEND: EASEMENT SHALLOW BURY-1.1115 GRAPHIC SCALE 0 0 20 40 (IN FEET) 1 Inch= 40 ft. NOTCEAOCORDINGTOCOUXRADOLAWYOUMUST SOPRIS ENGINEERING-LLC COMMENCE ANY LEGAL ACTION BASED UPON ANY CMLCONSULTANTS DEFECT IN T05 SURVEYWTIHINTIREEYEARSAFTER $02 MAIN STREET,SURE A3 YOU FOIST DL=Vn SALOL DEFECT.IN NO EVENT MAY CARBONDALE,COLORADO 81623 ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BECDMMEN®MORETHAN TEN YEARS FROM TIE 1970)7D4-031150PRISENGOSOPRISENG.COM DATEOF a"FICATON SHOWN HEREON. 2111112014-04-11 df LOT 2 AMENDED RIO GRANDAMS RECEPTION#: 617495, 02/17/2015 at 03:40:30 PM, 14 OF 14, Janice K. Vos Caudill, Pitkin County, CO ERHIBIT MAP OF: EASEMENT SHALLOW BURY UTILITIES SITUATED ON LOT 3,MO GRAND SUBDIVISION,SECTION 7,TOWNSHIP 30 SOUTH,RANGE g4 WEST OF THE 6th P.M. CRY OF ASPEN,COUNTY OF PITt3N,STATE OF COLORADO SHEET 20F 2 EASEMENT SHALLOW BURY UTILITIES DESCRIPTION: An easement situated on Int 3,according to the Plat of the Rio Grande Subdivision recorded on October 185,1993 as reception number 362199 In the Pitkin County Records,said easement bated In Section 7,Township 10 South, Range 84 West of the 6th Principal Meridian,City of Aspen,County of PHkin,State of Colorado;said easement being more particularly described as follows: Beginning at the Southeast comer of said Lot 3 the POINT OF BEGINNING;thence 14.75'09'11'W.along the Southerly boundary line of said Lot 3,a distance of 15236 feet to Southwest comer of said Lot 3;thence N.14'50'49"E.along the Westerly boundary line of Bald Lot 3,a distance of 10.00 feet;thence leaving said Westerly boundary the following four(4)courses: 1) 5.75'09'11'E.,a distance of 101.88 feet; 2) 5.58'25'36'E.,a distance of 13.67 feet; 3) S.81'42'02'E.,a distance of 2757 feet; 4) N.14'46'31"E.,a distance of 5.12 feet to a point on the existing Ubrary's Southerly exterior wall finished facade; thence the following three(3)courses along said Southerly and extension of Southerly exterior wall finished facade: 1) S.75'12'04'E.,a distance of 3.81 feet 2) N.14'47'56"E.,a distance of 1.32 feet; 3) 5.75'12'04'E.,a distance of 6.19 feet to a point on the Easterly boundary line of said Lot 3; thence S.14'46'31"W.along said Easterly boundary line,15.59 feet to the POINT OF BEGINNING. Containing 1,485 square feet or 0.034 acres,more or less. NOTICE AO3IRDNGTO CDWRADO IAWYOU MUST SOPRIS ENGINEERING-LLC COMMENCE ANY IEGALACTION BASED UPON ANY CMLCONSULTANTS ^ DEFECTIN THISSURVEYwnHNTHREEYEARS WM SDI MAIN STREET,SUITE A3 YOU FRISTNSCAVER SUDI DEFECT.N MAY NO EVENT MGRBONDAIE,COLORADO 81623 ANY ACTION USED UPON ANY DFFECr IN THIS SURVEY aE COMMENCS)MOUTHAN TEN YEARS FROM THE (970)704-03U SOPRISENGOSOPRISENG.COM DATEOFCEIM CAIONSHOWNHEREON. 20JU 201—U Sb LOT 2AMENDED Rio GMNDAW9