HomeMy WebLinkAboutFile Documents.701 Gibson Ave.0086-2021-BRES (2)RECEPTION#: 607173, 01/07/2014 at 04:25:57 PM, 1 OF 15, R $81.00
Janice K. Vos Caudill, Pitkin County, CO
STRUCTURE EASEMENT AGREEMENT
THIS STRUCTURE EASEMENT AGREEMENT (the "Agreement") is made
and entered into this 'J.wlday of January, 2014, by and B & Z 2010 REVOCABLE TRUST
DATED JULY 30, 2003, AS AMENDED AND RECONSTITUTED ON NOVEMBER 30, 20 I 0 and Z &
8 2010 REVOCABLE TRUST DATED NOVEMBER 30 2010, the address for both of which is
728 East Francis Street, Aspen, CO 81611, collectively hereinafter referred to as "Trust"
and 701G, LLC a Colorado limited liability company, hereinafter referred to as "701G,"
whose address is 333 Texas Street, Suite 2290, Shreveport, LA 71101.
RECITALS
A. Trust is the owner of the property located in the City of Aspen, Colorado,
described in Exhibit A hereto ("Trust's Property").
B. 701G is the owner of the property located in the City of Aspen, Colorado,
described in Exhibit B hereto ("701G's Property").
C. In 2000, William B. Wiener, Jr. (hereinafter referred to as "Wiener"), the
previous owner of701G's Property, constructed a single-family residence (the "Existing
Improvements") on 701G's Property. At that time, Wiener owned a portion of Trust's
Property obtained from a predecessor in title to Trust, Douglas and Barbara Sheffer (the
"Sbeffers"), described in a Special Warranty Deed recorded at Reception No. 435725 of
the records of Pitkin County, Colorado, (the "Sheffer Sliver").
D. Wiener had obtained the Sheffer Sliver described in the preceding
paragraph from the Sheffers in exchange for a portion of 701G's Property conveyed to
the Sheffers by Special Warranty Deed recorded at Reception No. 435726, in the records
of Pitkin County, Colorado (the "Wiener Sliver").
E. The exchange of deeds described in Recitals C and D above was
undertaken in connection with a lot line adjustment between the two adjacent properties
described therein.
F. The lot line adjustment described in Recital E above was the subject of a
lawsuit, Heath, et a/ v. Wiener, et a/, Pitkin County District Court Case No. 2002CV5,
wherein the validity of the lot line adjustment was at issue.
G. In that lawsuit, the trial court issued its Findings of Fact, Conclusions of
Law and Analysis, and Judgment, dated November 28, 2008 (the "Court Judgment"),
wherein it declared the conveyances described in Recitals C and D above to be null and
void. The Court ordered the parties to execute and record deeds re-conveying to each
other the property purportedly exchanged by the conveyances described in Recitals C and
D.
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H. In compliance with the Court Judgment, Wiener re-conveyed the Sheffer
Sliver to 707 Holding Company, LLC (Trust's predecessor in title), as the successor in
interest to the Sheffers, and 707 Holding Company, LLC re-conveyed the Wiener Sliver
to Wiener. As a result of this conveyance, a portion of the Existing Improvements are
now located on a portion of Trust's Property.
I. This Agreement is entered into for the purpose of Trust conveying an
easement to 701G for the Existing Improvements located on Trust's Property within the
area described in the Easement granted herein, on the terms and conditions described
below.
NOW THEREFORE, for the sum of TEN DOLLARS ($10.00) and other good
and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, Trust has this date bargained, conveyed, transferred, and granted to 701G
and its successors and assigns, an easement as described in Exhibit C (the "Easement")
over a portion of Trust's Property as described in Exhibit C for the benefit of and
appurtenant to 701 G's Property described in Exhibit B, on the following terms and
conditions.
l. PURPOSE AND SCOPE OF EASEMENT. The exclusive use and
purpose of the Easement is for the continued existence of the Existing Improvements
within the Easement Area for permitted uses associated with a single-family dwelling as
defined and permitted by the provisions of the City of Aspen Municipal Code, as it may
be amended from time to time. As further described in Exhibit C, the land footprint of
the easement generally follows the more protrusive ofthe exterior walls or the foundation
of the Existing Improvements plus four inches (4"), and includes the recessed area
between the southwestern portion of the Existing Improvements and the southeastern
portion of the Existing Improvements located on Trust's Property. The scope of the
easement also includes Roof overhangs and windows projecting from the Existing
Improvements that encroach over the vertical plane of the Easement border and are in
existence on the date of this Agreement.
2. EASEMENT APPURTENANT. The Easement shall be an easement
appurtenant to 70IG's Property and shall inure to the benefit of70JG and its successors
and assigns, subject to the conditions and limitations set forth herein.
3. GRANT WITHOUT WARRANTIES -SUBORDINATION. This
Easement grant is without warranty oftitle and without warranties as to fitness for use or
any other warranty, and is subject to all prior encumbrances, easements, restrictions and
reservations affecting Trust's Property.
4. EXCLUSIVE EASEMENT. Except as otherwise provided herein, 701G's
use of the Easement shall be exclusive so long as the Existing Improvements remain in
place and during such time as the Existing Improvements remain in place, Trust's and
Trust's heirs, successors, assigns, personal representatives, guests, and invitees shall have
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no right to the use of the Easement (except as othenvise provided herein) or to interfere
with 701G's rights of use of the Easement.
5. MAINTENANCE. 701G shall be responsible for maintaining the Existing
Improvements so as to keep said improvements in a good condition and state of repair,
and for making such repairs to and/or replacements of the Existing Improvements as may
be necessary or appropriate from time to time so as to preserve and protect the structural
integrity and appearance of the Existing Improvements. Any such work that may be
performed by 701 G within the Easement shall be accomplished in a good and
workmanlike manner at 701G's sole cost and expense, and 701G shall be responsible for
promptly restoring the surface of the Easement to its existing condition. All maintenance
will be undertaken during normal business hours utilizing only temporary equipment to
be transported onto and off of the property for the maintenance and shall not result in any
material or permanent change to Trust's Property. 701G shall notify Trust of any
proposed maintenance at least twenty-four (24) hours in advance of such work, except in
the event of an emergency requiring immediate repair 701 G may enter into the Easement
Area to perform emergency repairs and shall notify Trust as soon as reasonably possible
thereafter.
6. COSTS. All future costs associated with the Easement and the Existing
Improvements located thereon including without limitation surveying, construction,
repair, and maintenance shall be borne by 701G. In addition, upon execution of this
Easement, 701G will reimburse to Trust the sum of $25,890.89 incurred by Trust
subsequent to the entry of the Court Judgment in efforts to negotiate a settlement among
the parties to the lawsuit and the Heath litigation. Trust agrees to pay the costs of drafting
this agreement and the associated exhibits incurred after May 22, 2013, along with the
cost of recording the Agreement.
7. MECHANIC'S LIENS. 701G does hereby agree to defend, indemnify
and hold Trust harmless from all claims for damages or liens arising from the use,
surveying, construction, repair, and maintenance by 701G of the Easement and any
improvements therein. 701G shall not suffer or permit any mechanic's lien, or other lien,
to be filed against Trust's Property, or any part thereof, by reason of work, labor,
services, or materials supplied, or claimed to have been supplied, to 701 G and/or its
contractors or agents, or anyone claiming under 701 G and/or its contractors or agents. If
any such mechanic's lien, or other lien, shall at any time be filed against Trust's Property,
then 701G shall bond against the lien or cause the same to be discharged of record within
thirty (30) days of the date that 701G receives notice of the same, and if701G shall fail to
discharge such lien within such period, then Trust may at its option discharge the same by
paying the amount claimed to be due without inquiry into the validity of the same and
701G shall thereupon reimburse Trust for any payments so made, together with any costs
incurred in such discharge, including reasonable attorneys fees.
8. INDEMNITY. 701G shall protect, save harmless, defend, and indemnify
Trust from and against any and all liability, loss, damage, claim, demand, suit, action,
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proceeding, penalty, fine, cost, and expense of whatsoever nature, including court costs
and reasonable and necessary attorneys fees, arising out of personal injury to or death of
persons whomsoever, or Joss or destruction of or damage to property whatsoever, where
such personal injury, death, loss, destruction, or damage arise because of or are caused by
and in direct connection with the occupation or use of the Easement by 701 G and/or its
contractors or agents, their officers, employees, servants, and/or licensees.
9. INSURANCE. 701G shall at all times hold and maintain adequate
comprehensive liability insurance 701G's Property and the Easement in the minimum
amount of $2,000,000.00 and Trust shall be named as a co-insured with respect to such
insurance policy.
10. RESTRICTION ON REBUILDING AND FAR INCREASE. Unless
expressly agreed upon by the Parties in a written amendment to this Agreement, if701G
remodels or rebuilds the Existing Improvements on 701G's Property or makes
improvements to the Existing Improvements within the Easement granted herein, in no
event shall: (i) the square footage of any improvements erected by 701G, enclosed or
unenclosed, within the Easement be increased from the square footage of the Existing
Improvements within the Easement; (ii) 701G effect an increase in the floor area or floor
area ratio, as defined by the City of Aspen Municipal Code then in effect, applicable to or
available for use on the Trust's Property; (iii) 70IG take any action or build any
subsequent improvements that would result in a nonconformity on the Trust's Property;
or (iv) 701G erect any improvements which would increase the footprint of the structural
encroachment onto Trust's Property. In order to ensure compliance with this Section 10,
701G shall provide Trust with a copy of all final plans for any improvements on 701 G's
Property to determine compliance prior to submission of any application for a building
permit for such improvements, which determination shall not be unreasonably withheld
or delayed. Such plans shall depict the square footage of any proposed improvements
within the Easement, and shall clearly demonstrate any changes in square floor area or
floor area ratio, and any changes in the building footprint (including decks and
overhangs) or setbacks, from the Existing Improvements. 701G shall provide Trust with
thirty (30) days written notice of the completion of any such improvements in the
Easement, during which time Trust shall have the right to inspect the Improvements to
confirm compliance with this Section. In addition, 701G agrees to keep any undeveloped
portion of the Easement as of the date of this Agreement in its current natural and
undeveloped state.
11. RESTRICTION ON LANDSCAPING ADJACENT TO EASEMENT.
Trust agrees to leave the existing vegetation in the Sheffer Sliver area adjacent to the
easement depicted on Exhibit D attached hereto and incorporated herein by reference (the
"Restricted Landscape Area"), in its current natural state. Any new planting in the
Restricted Landscape Area will be limited to indigenous plants and will be maintained by
Trust to a height less than thirty-six inches (36") above the floor level of the lower level
of the Existing Improvements and will be placed no closer than 8 feet to the Existing
Improvements to allow for maintenance of the Existing Improvements by 701G.
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Notwithstanding the foregoing, any dead or diseased trees within the Restricted
Landscape Area may be replaced with trees of similar size and species, in the sole
discretion of Trust
12. NOTICE. Any notices required or permitted to be sent pursuant to this
Agreement shall be in writing and shall be deemed served, given, delivered and received
upon the earlier of: (a) when personally received by the party to whom it is addressed; or
(b) five (5) business days after being deposited with the United States Postal Service,
registered or certified mail, return receipt requested; or (c) three (3) business days after
being deposited with a commercial overnight courier for overnight delivery with all
required charges prepaid. All notices sent pursuant to clause (b) or (c) above shall be
addressed to the party to be served at the appropriate address, as set forth below. In
addition, all notices shall also be sent via email to the party to be served at the appropriate
email address, as set forth below. Any party may change its address for the purpose of
this Section by giving written notice of such change to all other party in the manner
provided for in this Section:
Trust:
With copy to:
701G:
With copy to:
BUS_RE/4974734.1
B & Z 2010 REVOCABLE TRUST DATED JULY 30,
2003, AS AMENDED AND RECONSTITUTED ON
NOVEMBER 30, 20 l 0 and Z & B 20 I 0 REVOCABLE
TRUST DATED NOVEMBER 30 2010
Attn: William D. Budinger
728 E. Francis Street
Aspen, CO 81611
Email: wdb@rodel.com and zb@zbaird.net
SHERMAN & HOWARD, L.L.C.
Attn: B. Joseph Krabacher
201 N. Mill Street, Suite 201
Aspen CO 81611
Email: jkrabacher@sah.com
70!G, LLC
Attn: William B. Wiener, Jr.,
333 Texas Street, Suite 2290,
Shreveport, LA 7110 I
Email: Design.Bill@gmail.com
AUSTIN, PEIRCE & SMITH, P.C.
Attn: Thomas F. Smith
600 East Hopkins, Ste 205
Aspen, CO 81611
Email: tsmith@aps-pc.com
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13. BINDING EFFECT I RECORDATION. The provisions of this
Agreement, including the benefits and burdens created thereby, shall nm with the land
and shall burden and benefit Trust's Property and 70IG's Property. As such, the
provisions of this Agreement shall inure to the benefit of and be binding upon the Parties
and their successors-in-interest. Upon execution by the Parties, this Agreement shall be
recorded in the real estate records of Pitkin County, Colorado.
14. MISCELLANEOUS. This Agreement, the Exhibits hereto and all other
documents to be delivered hereunder or annexed hereto contain the entire agreement
between the parties relating to the transaction contemplated herein and all other prior or
contemporaneous agreements, understandings, representations and statements, oral or
written, are merged herein. No change, alteration, amendment, modification or waiver of
any of the terms or provisions hereof shall be valid unless the same be in writing and
signed by the parties. The parties expressly agree that the terms and conditions hereof
and the subsequent performance hereunder shall be construed in accordance with and
controlled by the laws of the State of Colorado. The parties expressly acknowledge that
each was represented by legal counsel and that this Agreement and the documents
executed pursuant hereto were executed and delivered after consultation with their
respective legal counsel and after having been advised of their rights. Descriptive
headings are for convenience only and shall not control or affect the meaning or
construction of any provision of this Agreement. This Agreement may be executed in a
number of identical counterparts, and a telecopy or facsimile transmission shall be
binding on the party or parties whose signatures appear thereon. If so executed, each of
such counterparts is to be deemed an original for all purposes, and all such counterparts
shall, collectively, constitute one amendment. In the event any one or more of the
provisions contained in this Agreement or in any other instrument referred to herein shall,
for any reason, be held to be invalid, illegal, or unenforceable, such illegality, invalidity
or unenforceability shall not affect any other provisions of this Agreement. The recitals
are incorporated herein by this reference. If any suit or action shall be instituted to
enforce the rights of a party arising under this Agreement, the prevailing party shall be
entitled to recover from the opposing party reasonable attorneys' fees, expert witness fees
and any other costs. This Agreement has been freely negotiated by the parties hereto
with the advice and assistance of counsel. Accordingly, this Agreement shall not be
construed more strictly against any party hereto, regardless of which party drafted all or
part of this Agreement. A determination that any provision herein is invalid or
unenforceable shall not affect the validity of any of the remaining provisions or in any
way render them unenforceable.
[Remainder of this page is intentionally blank-signatures appear on following pages ]
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IN WITNESS WHEREOF, Trust and 701G have executed this Easement
Agreement on the date set forth above.
TRUST:
B & Z 2010 REVOCABLE TRUST DATED JULY
30, 2003, AS AMENDED AND RECONSTITUTED
10
By:
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
On this :J.,A_, day of January, 2014, before me personally appeared William D.
Budinger as Trustee of B & Z 2010 REVOCABLE TRUST DATED JULY 30, 2003, AS
AMENDED AND RECONSTITUTED ON NOVEMBER 30, 2010, known to be the
person described in and who executed the foregoing instrument, and acknowledged that
he executed the same as his free act and deed.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my
official seal in the County and State aforesaid, the day and year first above written.
My commission expires: ~---
~
[Remainder of this -signatures appear on following pages )
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IN WITNESS WHEREOF, Trust and 701G have executed this Agreement on the
date set forth above.
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
TRUST:
Z & B 2010 REVOCABLE TRUST DATED
NOVEMBER 30 2010
By1dL4~
On this ). .. J., day of January, 2014, before me personally appeared William D.
Budinger as Trustee of Z & B 2010 REVOCABLE TRUST DATED NOVEMBER 30
2010, known to be the person described in and who executed the foregoing instrument,
and acknowledged that he executed the same as his free act and deed.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my
official seal in the County and State aforesaid, the day and year first ove written.
My commission expires: ______ _
tures appear on following pages ]
My Commission Expires 041131'2014
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IN WITNESS WHEREOF, Trust and 7010 have executed this Easement
Agreement on the date set forth above.
STATE OF COLORADO
COUNTY OF PITKIN
)
) ss.
)
By:
GRANTEE:
701G, LLC
a Colorado limited liability company
On this ~ fll, day of January, 2014, before me personally appeared William B.
Wiener, Jr., as Manager of 701G, LLC, A Colorado limited liability company, Grantee,
known to be the person described in and who executed the foregoing instrument, and
acknowledged that he executed the same as his free act and deed.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my
official seal in the County and State aforesaid, the day d year first above written.
My commission expires: ______ _
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Exhibit A
(Trust's Property -Legal Description)
LEGAL DESCRIPTION
A parcel of land situated in the NE 1/4 SW 1/4 of Section 7, Town ship 1 0 South, Range 84 West of the Sixth Principal
Meridian, being more fully described as follows:
Beginning at a point on the Soulher1y line of that cer1ain tract known as the J.R. Williams Ranch whence the West Quarter
Comer of said Section 7 bears North 55°27'55" West 2369.32 feet, (being the same point of beginning as the point of
beginning In that Deed recorded in Book 119 at Page 220); ·
thence North 15.00'00" East113.6 feet;
thence South 50.08' East 44.00 feet;
thence South 67.04'51" West 54.28 feet;
thence North 26.48'52" East25.02 feet;
thence North 72.63 feet;
thence South 59.03'29" East 15.91 teet;
thence South 55.29'50" East 69.80 feet;
thence South 50.44'15" East 30.67 feet, to a point on the Wester1y right-of-way of the Old Denver and Rio Grande
Railroad right-of-way; ·
thence following said right-of-way line 11.33 feet along the arc of a curve to the left having a radius of 384.30 feet, the
chord of which curve bears South 15.50'18" East 11.33 feet;
thence North 89°20'00" West 5.24 feet along said right-of-way line;
thence following said right-of-way line 87.29 feet along the arc of a curve to the left having a radius of 389.30 feet, the
chord of which bears South 22•52'46" East 87.11 feet;
·thence South 29°18'13" East 0.04 feet along said right-of-way line to the point of intersection with the Souther1y line of
said J.R. Williams Ranch;
thence North 89"20'00" West 251.13 feet along the Southerly line to the Point of Beginning.
EXCEPTING THEREFROM a parcel of land situated in the NE 1/4 SW 1/4 of Section 7, Township 10 South, Range 84
West of the Sixth Principal Meridian, being more fully described as follows:
Beginning at the Northwest Comer of lot 2, Block 4, Oklahoma Flats Subdivision, City of Aspen, State of Colorado, said
Comer lying on the North line of the Lux Placer, being identical to the South line of the J.R. Williams Ranch;
thence North 15.30'00" East 28.36 feet along the Wester1y Line of said lot 2, extended Northeaster1y;
thence South 43.07'52" East 11.39 feet;
thence South 53.54'53" East 1.69 feet;
thence North 46.06'07" East 5.40 teet;
thence South 53.54'53" East 1 0.50 feet;
thence South 41"57'03" West 5.50 feet;
thence South 59.03'57" East 22.50 feet, to a point on the Norther1y line of said lot 2, identical to the North Une of the Lux
Placer and the South line of the J.R. Williams Ranch;
thence North 89"54'00" West 44.74 feet along said Norther1y line to the Point of Beginning.
EXCLUDING THEREFROM ALL IMPROVEMENTS LOCATED ON SAID LAND.
Copyright 2001o-2.009 Americlln Land 1ltle Auoclatlon. All rights reHrved.
TMuurlthltFonnll~tcALTA~.ndALTA~~goodawdngad1he~otuse.
AI oehM' IJMI .. ~ Reprtnted U"'ddt' llcenlafi"Dm lha American Land Tille AUodadan.
File No. 01330-11210
CO STG ALTA Co~ SCh A STO
Page2of4 r-ste\Nart
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Exhibit B
(701G's Property-Legal Description)
!At J, THIRD AMENDED PLA.T, HIU HOUSE CONDOMINIUMS, ~ 1tJ tile T1dnl
~ PW tiiDODj. teet>rdd. Mq 11, 191S bl n.t Boolt 111d Pqc IS, ti1UI a 4t:flad ti1UI
U.CI'IH4, t11• c •• ~lhd6rlltlmtf• Hill a,_ CM4tiM'-IWMtld~
U, 1P71 ill Boolt JS# ld PIIJC 1Sl, t111d a CDIIIIIbtU U.llu F1nt .._...,_ ~ Mctci
11, ltiJ U.lllltlk 4421d Pqe SU, u4 llu Sectmd ,.,_,_, IWltJftllll ~ 19,1914 br
JIDolc 411 111Pq. 719 ti1UI ~•blenl ~ ilt Botlk Sl711t P.,. 147;
tUtti aow h#rJ/Jd a tua-. pMniUIIfJ ltJ Fbl4lnp of FIICI, ~ 11/ z.-111111
Alr~ liN# Jlllipal tiiiJd NtJ....., :U. 2HI br /llllll! d qL & !J'lr!ur d Ill.. Pllldtl
CIJIUII}I D/slrld Clnut CMI AdJml N11. JINI1CYS :
CbtultlmbriiiM Unit ~ HJU. HOUSE CONDOMJNlUMS, ti1UI tire -"'--
_..nauurt tlunto illdMIIUt8 Lt1ll 1 & l, ttt:a>~ fD tire Mq IIIDODf filM/~ U,
tJ71 ia Plllt BDolc 1111 Pqe 1, GJUcqdtnr NtJ. JITJJT, tile AMatktl fitit r«ttiJed Jae Zl,
l"Z U. 1'1111 Boolt IS ld Pqe U, 1D lf«qtltm Nt~. UZUZ, tile SIC!Ntil NM~tt/U Plllt teet>rtld
Seplembu 21, J91J U. n.t Boolt 1 S ld P.,. 411, a Rlcqtltnt Nt~. :ZSJSU, liN# tile Tilnl
~ Plld IWltJftllll M.., JJ, UIS /II Pflll B110t 17111 PqelS, G RICqlltlD11 NtJ. UIIJS,
tUtil a ~ ,.4 tlacrlM4 "' tile CIIN#ombWmt Det:1tuo:til>• ftN tile BIB Horae
Cbllt/DIIIbrl-t«M1M1 S.,telrWr U, 1171 i1t Boolt 154 t11 P,. Tsl, a lUcqdtnr NtJ.
:Z073J6 liN# u t:t>lltilbiU ilt tile Flnl ~tblwnJ rect>rrld M.,Q :U. 191J Itt Boolt 44:Z Ill
P,. 566, liS lle«ptilm Nt1. UI9SJ, tUtil Ill 1111 SM:tJIUI AlrlatblwnJ IYCtNIIed &ptembtlr J J,
1914 ill Boolt 411 Ill Pq. 719, G JUupl/NI Nil. 262627,111111,, Tiltd ~ ~
lNutttHr JJ, 1916 Itt BIHIIt S:Z7 ttl Pt1JC U7,tu Reupi/IJ• Nt~. 21411.1.
CtJIUfiJI "' Pltkbl s"* 11/ CiJIDrlulll
alto la>own by Slreetaddrcssas: 701 Gibson Avenue, Aspen. CO 81611
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BUS_RE/4974734.1
Exhibit C
(Easement Description)
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STRUCTURE EASEMENT
!llii!I;B.
7111 HCII..DJ.IQ COWPANY~ lLC
PARca NO. 2737-a7.Hl0-051
SIRUCJURE EASEMENT
MUL TI·LEVEL
STUCCO & METAL
HOME
(70 I GIBSON)
7~LLC
PARCEL NO. 27.37-073-4S-<103
A PARCEL OF LAND SITUATED IN lHE NE1/-4SWI/i SECllON 7, TO\INSHIP 10 SOU'711. RANGE &4 liEST Of THE
6TH PRINCIPAL NERIO/AN, CITY Of ASPEN, COUNTY Of Plll<IN. STAlE OF COLORADO, BEING MORE PAAllCULAALY
DESCRIBED AS FOU..OWS:
COIIIIENC/NG AT THE liEST CUAAlER CORNER Of SI\ID SECllDN 7, lHENCE S58'0J'22"E A DISTANCE OF 2345.DJ
FEET TO JHE I'OINT !lf· BEGINNING: THENCE S50'08'00"E A DISTANCE OF 32.65 FEET; lHENC/E S67m'51"E A
DISTANCE OF 17.02 FEET; THENCE 542'01'40"W A DISTANCE OF 4.26 FEET; lHENC/E N4TS8'20"W A 0/STANC/E OF
10.98 FEET; lHENCE N7n2'M"W A DISTANCE OF 35.13 FEET; lHENCE N16'27'56"E A DISTANCE OF 13.99 FEET
TO JHE PC!NI Of BEGINNING SAID PARCEL Of LAND CONTAINING .255 SQUARE FEET MORE OR LESS.
HIGH COUNTRY ENGINEERING, INC.
•
151.,111..AKEAVDNI!.STE.10i
G:LENWOOO liiPRtNGS, COLORAJ)0&1fl01
PHONEI97019AS4G78 F'AX.$701~
WWW.HCENG.COM
707 HOLDING COMPANY
CITY OF ASPEN
STRUC11JRE EASEMENT
EXHIBIT
707 GIBSON AVENUE
CITY OF ASJ-EN
CHE:CKEOUV:
FWH
11-4-13
~ECTNo:
2131658
1 Of" I
..t./W$1(P.RCU12t3/1858/DWO/ 1858.0WG
10/28/2021
RECEPTION#: 607173, 01/07/2014 at 04:25:57 PM, 14 OF 15,
Janice K. Vos Caudill, Pitkin County, CO
Exhibit D
(Restricted Landscaping Area Description)
13
BUS_RE/4974734.1
10/28/2021
RECEPTION#: 607173, 01/07/2014 at 04:25:57 PM, 15 OF 15,
Janice K. Vos Caudill, Pitkin County, CO
RESTRICTED LANDSCAPE AREA
HIGH COUNTRY ENGINEERING, INC.
•
11517BL.AKE'AVENue::.ST£t01
Gt.:fN'WOOb sPRIMGS. eoLORAOC 8 I BOt
PHOHECS70JlJo&SII878 F"AXI:t?OJ&A$2$5$
WWW.HCENG.COM
7a7 HOLDING COMPANY OR.O.WN ~
~~==~ •• ~.----~~~----~1
RESTRlCTEO LAND~ ~~c===-· :...:FWH.::.:_ ____ =,.......-...::.:=:::......~1
?07..=VENUE ~-;:-,,...c..;"_.__;t3'--.-----------~~
aTYOF.ASPEN J:/5DSO"AOJ/213/185e/OWG/1658.0WG
10/28/2021