HomeMy WebLinkAboutFile Documents.1411 Crystal Lake Rd.0062.2018 (9).ARBK EASEMENT AGREEMENT
This Easement Agreement is entered into this ZZ day of January,2019,by and between
VALLEY GROUP,LLC,a Colorado limited liability company("Grantor"), whose address is
3001 Hillsboro Road, Brentwood, TN 37027 and THE CITY OF ASPEN, COLORADO, a
Colorado municipal corporation ("Grantee").
RECITALS:
A. Grantor owns the real property described on Exhibit A attached hereto and
incorporated by this reference(the"Property").
B. A lateral of the Riverside Ditch ("Ditch") traverses the Property, as shown on
Exhibit B and Grantee requires certain easement rights across the Property in connection with its
operation and maintenance of the Ditch.. The parties hereto recognize that Grantee is not the sole
owner of all water rights carried in the Ditch but that Grantee undertakes operation, maintenance,
cleaning, repair and replacement of the Ditch and related infrastructure on the Property.
C. Grantor and Grantee have determined that it is in their best interests to enter into this
Easement Agreement in order to define the scope and extent of Grantee's easement rights over,
upon, in,across,and through the Property.
THEREFORE,IN CONSIDERATION of the promises and agreements set forth below,and
for other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged,the parties agree as follows:
I. Grant of Easement.Grantor does hereby,grant and convey to the Grantee a perpetual
non-exclusive easement and right of way upon, over and across that part of the Property shown on
Exhibit B(the"Easement")for the purposes of access to and inspection,use,operation,cleaning,
maintenance, repair and replacement of the Ditch and related infrastructure over, upon, in, across
and through, the Easement portion of the Property. The Easement includes the right to construct,
install and maintain structures on the Easement,such as measuring devices,augmentation stations,
and other infrastructure required to implement the rights herein granted.
This grant of this Easement shall run with the land for the benefit of the Grantee,and shall
be binding upon the property and inure to the benefit of the Grantee,and its successors and assigns.
2. Use of Easement Premises by Grantee. The Grantee's agents, employees,
contractors and other designated persons may go upon the Easement at all reasonable times, to
undertake routine inspection, use,operation,maintenance, repair and replacement of the Ditch and
related infrastructure. In the event the Grantee plans major repairs or replacement of infrastructure
within the Easement premises, it shall provide Grantor with reasonable advance notice of the work
to be undertaken, meaning at least one week advance notice,and the estimated time of completion.
Notwithstanding the foregoing,the Grantee may go upon the 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.
1IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII I C EIVEI
RECEPTION#: 653623, R: $48.00, D: $0.00
DOC CODE: EASEMENT 0 3/0 4/2 019
Pg 1 of 8,01/24/2019 at 03:34:08 PM
Janice K.Vos Caudill, Pitkin County, CO ASPEN
BUILDING DEPARTMENT
After the exercise of any of its rights hereunder, the Grantee shall grade, re-seed or re-sod
if necessary to restore the surface of the ground to its former condition and contour; provided
however, that the Grantee shall not be required to restore or replace any trees, bushes, brush,
gardens or other vegetation on the Easement premises, or any structures or paving thereon as
Grantor is prohibited from installing such improvements within the Easement except as set forth
below.
3. Use of Easement Premises by Grantor. Grantor shall retain the right to use and enjoy
the Property including the Easement premises so long as such use and enjoyment do not interfere
with the Grantee's rights hereunder, and provided that Grantor shall not install or allow any
obstructions or permanent encroachments on the Easement premises, including but not limited to
fences, buildings, gates, or other structures, or additional trees, bushes, brush, gardens(other than
naturally growing grasses or shallow root shrubbery or plants), or pavement, without the consent
of Grantee,and shall not obstruct or permit obstruction of access to the Easement premises. In the
event any such obstructions or encroachments are erected, installed, or permitted to remain upon
the Easement premises notwithstanding this paragraph, Grantor understands and agrees that such
obstructions or encroachments may be removed by the Grantee at Grantor's cost, and that the
Grantee shall have no responsibility or liability for any damage or destruction of the encroachments
or the Property as a result of such removal.
In the event Grantor discovers an emergency condition pertaining to the Ditch and related
infrastructure, Grantor shall make reasonable attempts to promptly notify the Grantee of such
condition.
•
4. 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 incurred
by any person or entity arising out of or in connection with such parry's use or occupation of the
Easement premises, or the use or occupation 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 assignee or Grantee that is
protected by the Colorado Governmental Immunity Act,C.R.S.§24-10-101 ei seq.as amended,
or other law. In the event the Grantee and Grantor,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 Easement premises,the obligations of each to respond in damages shall
be apportioned, as between the Grantee and Grantor, 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.
5. Notices. All notices required to be given shall be deemed given upon deposit in the
United States mail, first class postage prepaid, properly addressed 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.
Grantor's Address: Valley Group.LLC
Attn: Patti and Brian Smallwood
RECEIVED
03/04/2019
ASPEN
BUILDING DEPARTMENT
3001 Hillsboro Road
Brentwood, TN 37027
Email: bsmallwood@smallwoodnickle.com
Grantee's Address: City of Aspen Utilities Operations Manager
130 S. Galena Street
Aspen, Colorado 81611
Email: tyler.christoff@,cityofaspen.com
Notwithstanding the foregoing,either party may notify the other of emergency conditions by direct
delivery of notice to the address shown herein,or by telephone or email at the last known telephone
number or email address of the party to whom the notice is directed.
6. Binding Agreement- Recording. This Easement Agreement is binding upon the
parties hereto, their successors and assigns, and any sale of the Property, or any portion thereof
shall be subject to this Easement Agreement. This Easement Agreement shall be recorded with the
Pitkin County Clerk and Recorder, and shall impose an easement and covenants running with the
land upon the Property. Grantee may assign this Easement Agreement-and all rights and obligations
hereunder to successor owners of the Ditch water right.
7. Governing Law: Venue: Attorneys' Fees. This Easement 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 Easement Agreement shall
be Pitkin County,Colorado. In the event legal remedies must be pursued to resolve any dispute or
conflict regarding the terms of this Easement Agreement or the rights and obligations of the parties
hereto, the prevailing party shall be entitled to recover costs incurred in pursuing such remedies,
including expert witness fees and reasonable attorney fees.
8. Authorization of Signatures. The parties acknowledge and represent to each other
that all procedures necessary to validly contract and execute this Easement Agreement have been
performed and that the persons signing for each party have been duly authorized to do so.
9. Counterparts. This Easement Agreement may be signed using counterpart signature
pages, with the same force and effect as if all pat I ies signed on the same signature page.
RECEIVED
03/04/2019
ASPEN
BUILDING DEPARTMENT
IN WITNESS WHEREOF, the parties have executed this Easement Agreement as of the
date and year first above written.
GRANTOR:
VALLEY GROUP, LLC, a Colorado limited
liability company
r
By: oii, c nn nnwo°�
Patti Hart Smallwood, Sole Member
STATE OF /;YI,7 ess e e. )
) ss.
COUNTY OF 6,(1/ L(p-ihSQ.o1 )
The foregoing Agreement was acknowledged before me this 1/'day of&Gfx , 2019,
by PATTI HART SMALLWOOD, as Sole Member of Valley Group, LLC, a Coloradilimited
liability company.
WITNESS my hand and official seal.
My Commission expires:
ifiKni e. M .
",,,,,,, Notary Public
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RECEIVED
03/04/2019
ASPEN
BUILDING DEPARTMENT
GRANTEE:
THE CITY OF ASPEN,COLORADO
y NSc,zr � C L-C e e
Name:
Title: City Manager
APPROVED AS TO FORM:
By: � (Seal)
Name: A B✓ /1
. City Attorney
STATE OF QoIO14O )
-�} ) ss.
COUNTY OF ?Atkin
in )
The foregoing Agreement was acknowledged before me this2 y of\)411igiq 2019,
by . O-Mli ICi2. , as Ca Ito 11 s9f- l+ for , , as
, and F Il&FMM giYy4' , as 651S101f •
WITNESS my hand and official seal.
My Commission expires:
/(01/•14., L. Nk I Ls V _ TARA L. NELSON
NOTARY PUBLIC
Notary Public STATE OF COLORADO
NOTARY ID#20014030017
My Commission Expire:September25,2021 y
EXHIBITS:
Exhibit A: Legal Description of the Property
Exhibit B: Location of Easement
•
RECEIVED
03/04/2019
ASPEN
BUILDING DEPARTMENT
EXHIBIT A - TITLE PROPERTY DESCIPTION
PARCEL I
A parcel of land situated in the NE 1/4 of Section 18,Township 10 South, Range 84 West,
of the 6th Principal Meridian, Pitkin County,Colorado and lying entirely within
the Riverside Placer MS 3905 AM and being more fully described as follows:
Beginning at a point on the Southerly bank of the Roaring Fork River,
said point also being on Line 8-9 of said RiversidePlacer,
whence corner 9 of said Riverside Placer bears South 242.86 feet;
thence North 249.19 feet along said line 8-9;
thence East 125.00 feet;
thence S 28°30'00"E 132.58 feet;
thence S 15°13'00"W 137.22 feet to a point on the centerline of said Roaring Fork River;
thence West 2.54 feet along said centerline;
thence S 89'53'46"W 149.71 feet to the point of beginning.
RECEIVED
03/04/2019
ASPEN
• BUILDING DEPARTMENT
EXHIBIT OF.
RIVERSIDE DITCH EASEMENT
A TRACT OF LAND SITUATED IN THE NE%OF SECTION 18,TOWNSHIP 10 SOUTH,RANGE 84 WEST OF THE 6TH P.M.,
COUNTY OF PITKIN,STATE OF COLORADO.
Exhibit B SHEET 1 OF 2
A parcel of land situated in the NE1/4 of Section 18,Township 10 South, Range 84 West of the 6th P.M.,
Lying entirely within that parcel of land described in the warranty deed recorded May 26th 1998 in the
Office of the Pitkin County Clerk and Recorders Office as Reception No.417284 and being more fully
described as follows:
Beginning at a point being the northeast boundary corner of that property described in Reception No.417284,
whence corner 9 of Riverside Placer bears West 125.00 feet then South 492.05 feet;
thence west 5.53 feet along the north property boundary as described in Reception No.417284;
thence leaving said north property boundary South 22°20'00"East 145.63 feet;
thence 12.71 feet along a curve to the left having a radius of 135.00 feet an included angle of 5°23'41"and
a chord of which bears: South 25°01'50" East 12.71 feet to a point on the southeast property boundary
as described in Reception No.417284;
Thence along said southeast property boundary North 15°l 3'00"East 30.78 feet to the easterly boundary
corner of said Reception 417284;
Thence leaving said easterly boundary corner North 28°30'00" West 132.58 feet along the northeast property
boundary as described in Reception No.417284 to the point of beginning.
Containing 1,859 sq.ft more or less.
The above description was prepared by:
Mark S. Beckler P.L.S.28643
For and on behalf of Sopris Engineering LLC.
NOTICE: ACCORDING TO COLORADO LAW YOU MUST SOPRIS ENGINEERING - LLC
COMMENCE ANY LEGAL ACTION BASED UPON ANY
DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER CIVIL CONSULTANTS
YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY 502 MAIN SUITE A3
ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY CARBONDALE,STREET,ORADO A3
BE COMMENCED MORE THAN TEN YEARS FROM THE
1623
DATE OF CERTIFICATION SHOWN HEREON, (970)704-0311 SOPRISENG@SOPRISENG.COM RAB 01-08-19 15195 DITCH DESC 2019.DWG /ED
03/04/2019
ASPEN
BUILDING DEPARTMENT
EXHIBIT MAP OF.
RIVERSIDE DITCH EASEMENT
A TRACT OF LAND SITUATED IN THE NEY OF SECTION 18,TOWNSHIP 10 SOUTH,RANGE 84 WEST OF THE 6TH P.M.,
COUNTY OF PITKIN,STATE OF COLORADO.
SHEET 2 OF 2
Exhibit B \
DITCH
� EASEMENT
'• I ; POINT OF BEGINNING
° " CENTERLINE OF
S 90 00 00 E 125.00 \ 20.00 FOOT
RIVERSIDE DITCH
N 90°00'00"W EASEMENT PER
5.53' PLAT BOOK 5 PAGE 7
�' RECEPTION No.183889
a 1
Ditch Easement v,.,cs.,\
0 1,859 sq. ft. \
o w 0.043 acres
oo o (SHADED) e�
o ,. e
N o 4 :;
o •.
Z •
ASSESSOR PARCEL N 13 3 0.78' E
.7 '
2737-181-00-018 CURVE TABLE \
40,813 sq.ft.
0.937 acres f, t s.
`°y \ \ N
Ca r-I y
\ N •.
a -
NI .:/N.
•. .8
CENTERLINE OF
20.00 FOOT '
CURVE TABLE iv RIVERSIDE DITCH
CURVE LENGTH RADIUS N EASEMENT PER
Cl 12.71' 135.00' M PLAT BOOK 5 PAGE 7
TANGENT CHORD BEARING DELTA r'' RECEPTION No.183889
6.36' 12.71' S 25°01'50"E 5°23'41"
e
149.71' S 89°53'46" W
o 2.54'
00 FOUND SCRIBED"X" N 90°00'00" W
N ON TOP OF0.5'x1.0'
Ni RED SANDSTONE
MONUMENTING CORNER 9
OF AMENDED MINERAL SURVEY No3905
RIVERSIDE PLACER
NOTICE: ACCORDING TO COLORADO LAW YOU MUST
COMMENCE ANY LEGAL ACTION BASED UPON ANY SOPRIS ENGINEERING - LLC
DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER CIVIL CONSULTANTS SCALE 1" = 40'
YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY 502 MAIN STREET,SUITE A3
ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY
BE COMMENCED MORE THAN TEN YEARS FROM THE CARBONDALE,COLORADO 81623 ; ,Ijl
DATE OF CERTIFICATION SHOWN HEREON. (970)704-0311 SOPRISENG@SOPRISENG.COM B 01-08-19 15195 DITCH DESC 2019.DWG E ID
03/04/2019
ASPEN
BUILDING DEPARTMENT