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EASEMENT AGREEMENT ��
. THIS AGREEMENT, is made as of the date last signed behove, by
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and between MARIAN NEAL LYETH ;
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i of the City/Town of ASPEN County of PITKIN
and State of COLORADO ' -
i t (the "Owner") and the City of Aspen, Colorado, a municipal
j corporation ("the City") .
IWITNESSETH:
WHEREAS, the Owner is a record title holder of that property
in the City of Aspen, County of Pitkin, State of Colorado, more
particularly described in Book 347 , Page 985 , of the Pitkin
'Ill
} County Clerk and Recorder 's Office as follows :
i The East 23.29- feet of 'Lot E,-, ail of Lot F, the West 1/2 of Lot G ,
Block 65, City and Townsite of :Ashen l
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WHEREAS, the City operates the municipal electric system in, ,\
Aspen, Colorado, and desires to obtain from Owner an easement forCr
{ an above ground transformer and other similar electrical and
[ communication utility appurtenances upon, under and through the
:1 above-described property.
WHEREAS, the Owner is willing to grant such an- easement.
NOW THEREFORE, in consideration of the mutual covenants
contained herein , the parties agree as follows :
1. The Owner hereby grants to the City a non-exclusive
• perpetual easement for an above ground electric transformer not
to exceed four (4) feet in height from grade, underground utility
lines and other similar electrical and communication utility
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BOOK 525 PAGE 65
appurtenances, over, above, across and under a portion of land
described as follows:
{ An easement six (6) feet in width, the centerline for ; `
F
' such easement being an underground power line and -
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transformer pad constructed, f
the approximate location of -
which is shown on Exhibit "A" attached hereto, not to exceed j
feet(36) square
f et in surface area, and extending
six feet below the surface and fourteen feet above the
surface of the described portion of land. ` .
2. The Owner further grants to the City a temporary
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construction license over, across and under a portion of land
adjacent to the easement premises not to exceed one hundred ( i00)
square feet in area for the purpose of construction, - S �
installation, repair, alteration and replacement of such utility a t
appurtenances as shall be placed on the easement premises. - }
Unless extended by Owner, such temporary construction license - ,
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shall terminate one year from the date of execution of this
Easement Agreement.
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3. The Owner further grants to the City the right of 1
ingress and egress to and from said easement over and across the
lands by available roads and lanes therein or by such route(s) as
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the City may determine will result in minimal damage and
inconvenience to the Owner for the purpose of exercising the
- rights granted herein.
4. The Owner reserves the right to utilize and enjoy the
above-described land providing the same shall not interfere with :4
the design, installation, operation, inspection, maintenance, t ; '
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eoox 525 FF,GE 66
repair, alteration or replacement of the utility urtenances.
• Specifically, the Owner may occupy the air space above the _
easement, including the surface areas not immediately occupied by
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the utility appurtenance, provided a minimum vertical clearance- I Z
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of fourteen (14) feet is provided to the City from grade to any
obstruction. City shall not obstruct the uppermost ten ( 10) feet )
of such vertical easement.
5. The Owner reserves for itself, its successors and
assigns the right to relocate the easement and the utility
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appurtenance(s) therein with the consent of the City, which
consent shall not be unreasonably withheld, upon the payment of
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all direct and indirect costs of such relocation to the City with
such security for the payment thereof as the City shall require.
6. The Owner warrants that it is a record Owner of the L
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property described herein and it is agreed that the covenants -
-
herein shall be binding upon the Owner and the respective i
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,. successors and assigns of the parties hereto. The Owner further
warrants that the property described herein is free and clear of
all liens and encumbrances whatsoever, except those held by the
following: I
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7. The Owner agrees that the facilities installed by the
City on the property described above shall remain the property of
the City, and shall be removable at the option of the City. The
City covenants to maintain and repair such utility appurtenances.
The Owner agrees that the City may assign the rights granted to
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80 525 PAGE 67
it hereunder to any assignee who demonstrates sufficient .
competence and gives adequate assurances that any work to. be .
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I performed pursuant to such assignment shall be conducted in a i
good and workmanlike manner.
i 8. The City agrees that it will save and hold the Owner 1 •
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1 harmless from all claims, causes and actions, suits, damages or E
demand
s whatsoever in law and in equity which may arise out of, 1
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or as a consequence of the negligence of the1City, or its
authorized agents, servants or employees, in constructing,
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installing, maintaining, repairing and utilizing the easement
premises and subject utility appurtenances .
The Owner shall have the right, upon prior written 1
consent of the City, to grant other non-exclusive easements over,
f along, or upon the easement premises, provided that such other
easements shall be subject -to and shall not interfere with the -
easement granted hereby. 1:3!
10. After the exercise by the City of any of its rightsCr
hereunder, the City agrees to restore and re-vegetate the surface
of the construction area as nearly as possible to the condition
and appearance which existed immediately prior to the
commencement of construction. and.
- 11. The City shall bear the cost of preparation of the
Easement Agreement, property descriptions, surveying,
engineering, consulting, recording documents and real estate
- transfer taxes, if any, associated with this transaction. The
Owner shall pay the fees of any attorneys hired by it to review , -
the easement agreement or advise the Owner in any matters _
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eri 525 PAGE fib
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concerning this transaction.
12. The parties hereby stipulate and agree that the value
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i of the easement is $1 , 188. 00 . The City shall pay such amount
in full by mailing or delivering to Mr. James R. Young, c/o MBank
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Houston, P. 0. Box 3285 , Houston, . Texas 77253 ' t
a check drawn jointly to all owners of record after delivery to
the City's escrow agent of this fully executed Easement
I
Agreement, which may be executed in multiple part by
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i all owners of record.
13. The Owner affirmatively states that it has entered into
this Easement Agreement after having had an opportunity to
consult an attorney of their choice and that Owner has signed
this Agreement freely, knowingly and intelligently. 4
14. This easement is binding upon the successors, i t
I representatives and assigns of the parties and is modifiable only
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in a writing signed by the parties.
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THE CIT OF ASPEN: ATTEST:
ira---- 0Y7//14:111. - AfaeGtiip,,,) j/de-IL. Cr
1 Mayor William Stirling i
1 STATE OF COLORADO
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PITKIN COUNTY, ss.
Subscribed and sworn to before me this f U day of i (� ,el"----,
1986, by Mayor William Stirling.
My commission expires : -�'�-�� •1�°� 't•• r..' "
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- Witness my hand and official seal. _,- 1
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DATED: - - ' N`„t,,,,,,11,,, 00%
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E>u►c 525 PAGE 59
V JrY /
MARIAN NEAL LY TH pale /
SPATE OF I
COLORADO j
I COUNTY OF PITKIN 1
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The foregoing instrument was acknowledged before me thi J �` .
day of `cl 1 / �_ `
��� ---,� 986 by
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and _ nd oicial se ,I'D---- ---;,_eex._My commission expires:
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Coax 525 RICE �0
EXHIBIT "A"
Electric and Communication Utility Easement
Located on Lot E
of the East 23.29 feet of Lot E , all of Lot F and the West 1 /2 of
Lot G, Block 65, City and Townsite of Aspen
Beginning at the SW corner of the East 23.29 feet of Lot E, Block
65, said point being the Point of Beginning, thence N 14" 50' 49"
E a distance of 6.0 feet , thence S 75° 09' 11" E a distance of
6.0 feet , thence S 14° 50' 49" W a distance of 6.0 feet to a
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point which is on the South lot line of Lot B, thence along said
lot line N 75a 09' 11 " W a distance of 6.0 feet to the Point of
Amitis
Beginning. Said easement containing 36 square feet.
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WA:444 ASPEN
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BUILDING DEPARTMENT