HomeMy WebLinkAboutFile Documents.701 Gibson Ave.0086-2021-BRES (47)
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CITY OF ASPEN
WATERLINE EASEMENT AGREEMENT
This Waterline Easement Agreement is entered into this _____ day of _________, 2022,
by and between THE CITY OF ASPEN (“City”), a Colorado municipal corporation and home
rule city, and TRUE ROMANCE LLC, whose address is 701 Gibson Avenue, Aspen, CO 81611
(“Grantor”).
Recitals
WHEREAS, the City owns and operates the City of Aspen municipal water distribution
system;
WHEREAS, part of the municipal water distribution system uses a waterline uses a
waterline (the “Waterline”) within an area of Grantor’s property known as 701 Gibson Avenue,
Aspen, CO 81611 and more particularly described on Exhibit A attached hereto (the “Subject
Property”);
WHEREAS, in order to use, operate, maintain, repair and replace the Waterline, the City
desires an easement from Grantor; and
WHEREAS, Grantor is willing to grant and convey an easement to the City on the terms
and conditions herein provided.
THEREFORE, IN CONSIDERATION of the promises and agreements set forth below,
and for other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties agree as follows:
1. Grant of Easement. Grantor does hereby grant and convey to the City a perpetual
non-exclusive easement and right of way (the “Waterline Easement”) for the purposes of
excavation, installation, operation, use, maintenance, repair, and replacement of a waterline
within the area described as “Proposed 25.0’ Public Utility Easement Area” on Exhibit B
attached hereto (the “Easement Area”). Access to the Easement and Easement Area is granted
to the City over portions of the Property, but only to the extent reasonably necessary to access
the Easement Area with minimal impact to, and intrusion upon, portions of the Subject Property
outside of the Easement premises. This grant of easement shall run with the land for the benefit
of the City.
2. Use of Easement Premises by City. The City’s agents, employees, contractors
and other designated persons may go upon the Easement Area at all reasonable times to
undertake routine use, operation and maintenance of the Waterline. In the event the City plans
major repairs or replacement of the Waterline, it shall provide Grantor 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 Easement Area at any time in the event of any emergency
Comments on the water main easement
will not hold up issuance of the permit,
these comments need to be addressed
prior to CO/LOC for the project -
however finalizing this asap is
recommended.
Fill in the easement
agreement so I can
send to Water
Department & COA
Attorney for
signatures as well.
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situation or condition, and undertake such repair or replacement activities as it deems necessary
to properly resolve the emergency situation.
After the exercise of any of its rights hereunder, the City 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 City shall not be required to restore or replace any trees, bushes, brush, gardens
or other vegetation on the Easement Area, nor any structures or paving thereon, unless such
damage results from the gross negligence, recklessness or intention conduct of the City.
3. Use of Easement Area by Grantor. Grantor shall retain the right to use and enjoy
the Subject Property, including the Easement Area, so long as such use and enjoyment does not
interfere with the City’s rights hereunder. Grantor shall have the right to install, operate,
maintain, repair and replace any improvements within the Easement Area including, without
limitation, the improvements described on Exhibit C attached hereto. Notwithstanding the
foregoing, in the event any permanent improvements exist or are constructed within the
Easement Area and such improvements obstruct access to the Easement Area or materially
impair the City’s ability to use, operate and maintain the Waterline, Grantor understands and
agrees that such obstructions or encroachments may be removed by the City at Grantor’s cost,
and that the City shall have no responsibility or liability for any damage or destruction thereto.
Notwithstanding the foregoing, the City shall provide at least fourteen (14) days advance written
notice to Grantor prior to the removal of any improvements within the Easement and Grantor
shall have such time to itself remove such improvements so the City has access to the Easement
premises. In addition, the City shall not remove, or require removal of, any portion of the
building encroaching into the Easement Area unless such building encroachment renders use of
the Waterline impossible.
In the event Grantor discovers an emergency condition pertaining to the City’s water
distribution system located on, over, in or through the Easement Area, Grantor shall make
reasonable attempts to promptly notify the City 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 attorneys’ fees, that
are incurred by any person or entity arising out of or in connection with such party ’s use or
occupation of the Easement Area, or the use or occupation the Easement Area 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 the City by the
Colorado Governmental Immunity Act, C.R.S. § 24-10-101 et seq. as amended, or other law. In
the event the City 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 Area, the obligations of each to respond in damages shall
be apportioned, as between the City 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 and the City and Grantor shall indemnify each other to the extent necessary to assure such
apportionment. The foregoing indemnification shall include claims against Grantor by third
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parties for the suspension, diminution or cessation of water service to other properties served by
the Waterline, unless caused by Grantor’s gross negligence or intentional conduct.
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. Copies of such notices shall also be sent in the same manner to the
City Attorney, City of Aspen, 130 South Galena Street, Aspen, Colorado 81611.
Notwithstanding the foregoing, Grantor may notify the City of emergency conditions as provided
in paragraph 3 above by direct delivery of notice to the City Water Department at 500 Doolittle
Drive, Aspen, Colorado, or by telephone or telefacsimile communication with the City Water
Department. The City Water Department telephone number is (970) 920-5110, and the
telefacsimile number is (970) 920-5117.
6. 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.
7. Governing Law; Venue; Attorneys’ Fees. This Agreement and the rights and
obligations of the parties hereunder shall be governed by and construed in accordance with the
laws of the State of Colorado. Venue for all actions arising under this Agreement shall be Pitkin
County, Colorado. In the event legal remedies must be pursued to resolve any dispute or
conflict regarding the terms of this Agreement or the rights and obligations of the parties hereto,
the prevailing party shall be entitled to recover costs incurred in pursuing such remedies,
including expert witness fees and reasonable attorneys’ fees.
8. 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.
9. 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.
[signature page follows]
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IN WITNESS WHEREOF, the parties have executed this Agreement the date and year
first above written.
THE CITY:
THE CITY OF ASPEN, COLORADO
A Municipal Corporation and Home Rule City
By___________________________
Water Director
APPROVED AS TO FORM:
_____________________________
Aspen City Attorney
GRANTOR:
TRUE ROMANCE LLC, a Colorado limited
liability company
By:
Name:
Title:
Address: 701 Gibson Avenue, Aspen, CO 81611
[acknowledgements follow]
Easement needs to
be signed by property
owner for finalize the
document.
5
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
SUBSCRIBED AND SWORN to before me this ___ day of ___________, 2022, by
______________________________________ as the ______________ of the City of Aspen,
Colorado, a municipal corporation and Home Rule City.
WITNESS my hand and official seal.
[SEAL]
___________________________
Notary Public
My commission expires: ______________________________
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
SUBSCRIBED AND SWORN to before me this ___ day of ___________, 2022, by
______________________________________ as the ______________ of True Romance LLC,
a Colorado limited liability company.
WITNESS my hand and official seal.
[SEAL]
___________________________
Notary Public
My commission expires: ______________________________
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EXHIBIT A
Description of Subject Property
CONDOMINIUM UNIT C,HILL HOUSE CONDOMINIUMS, AND AN INTEREST IN THE COMMON
ELEMENTS APPURTENANT THERETO INCLUDING LOTS 1 AND 2, ACCORDING TO THE MAP
RECORDED SEPTEMBER 14, 1978 IN PLAT BOOK 7 AT PAGE 7, UNDER RECEPTION NO. 207337
AND AS AMENDED IN INSTRUMENT RECORDED JUNE 22, 1982 PLAT BOOK 13 AT PAGE 64,
UNDER RECEPTION NO. 242142 AND THE SECOND AMENDED PLAT RECORDED SEPTEMBER 28,
1983 IN PLAT BOOK 15 AT PAGE 40, UNDER RECEPTION NO. 253524 AND THE THIRD AMENDED
PLAT RECORDED MAY 13, 1985 IN PLAT BOOK 17 AT PAGE 15, UNDER RECEPTION NO. 268135,
AND FIFTH AMENDED PLAT RECORDED APRIL 22, 2021 IN PLAT BOOK 130 AT PAGE 13 AS
RECEPTION NO. 675804 AND AS DEFINED AND DESCRIBED IN THE CONDOMINIUM
DECLARATION FOR HILL HOUSE CONDOMINIUMS RECORDED SEPTEMBER 14, 1978 IN BOOK
354 AT PAGE 751 AND THE FIRST AMENDMENT RECORDED MARCH 28, 1983 IN BOOK 442 AT
PAGE 566 AND THE SECOND AMENDMENT RECORDED SEPTEMBER 19, 1984 IN BOOK 473 AT
PAGE 789 AND THE THIRD AMENDMENT RECORDED DECEMBER 31, 1986 IN BOOK 527 AT PAGE
147 AND FOURTH AMENDMENT RECORDED JULY 5, 2017 AS RECEPTION NO. 639652.
COUNTY OF PITKIN, STATE OF COLORADO.
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EXHIBIT B
Description of Easement
[see attached]
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EXHIBIT C
COA Water Department Easement Agreement
Permissible Encroachments EXHIBIT
DRAFT R3
Sunday, March 6, 2022
Project: Bauhaus on Gibson
Address: 701 Gibson Ave., Aspen, CO
Property Owner: True Romance LLC
Items agreed to as permissible encroachments in the 25’ Utility Easement. Water Department will not be responsible for
replacement if/when the main requires access/repairs or replacement, it is the owner’s responsibility to replace infrastructure
when Water Department needs access to Water Main Line located in the easement:
• Boulder retaining walls
• Boulders set on grade
• Bio Retention Areas
• Riprap
• PVC storm pipes/infrastructure with heat tape from trench drain and Planters
• Paver Driveway
• Existing Building Encroachment
• Stacked Stone steppers, stone landings, set on grade
• Low Shrubs, lawns, grasses, flowers & groundcover
• Irrigation components
• Existing Drywells
• Fencing
• Landscape lighting
• Patio Furnishings
• Play equipment set on grade
• Planters set on grade
This is the final
easement, remove
draft.
HIGH COUNTRY ENGINEERING, INC.
file:
date:
checked by:
drawn by:
Project No:
page:
scale:
1517 blake avenue, suite #101
glenwood springs, CO 81601
phone (970) 945-8676 fax (970) 945-2555
www.hceng.com 1 of 2
2201051
1:20
J:/220/2201051.00
10/25/2021
BB
HCE
EASEMENT
PUBLIC UTILITY
701 GIBSON AVENUE
CITY OF ASPEN, COLORADO
DARIN EYDENBERG
SURVEYOR'S CERTIFICATION
EXHIBIT A
PUBLIC UTILITY EASEMENT FOR 701 GIBSON AVENUE, ASPEN COLORADO
A TRACT OF LAND SITUATED IN THE SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 7 SOUTH, RANGE 7 SOUTH, RANGE
84 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO, TO WIT;
COMMENCING AT THE WEST QUARTER CORNER OF THE SAID SECTION 10, MONUMENTED BY A FOUND BLM BRASS
CAPPED PIPE (1954), FROM WHENCE THE CENTER QUARTER CORNER THEREOF, MONUMENTED BY A FOUND BLM BRASS
CAPPED PIPE (1978) BEARS S 88°03'46” E, 2612.95 FEET DISTANT, WITH ALL BEARINGS CONTAINED HEREIN, RELATIVE
THERETO; THENCE, S 54°31'20” E, 2371.32 FEET TO A POINT ON THE NORTHERLY BOUNDARY LINE OF LUX PLACER AND
OKLAHOMA FLATS, DELINEATED ON THAT INSTRUMENT RECORDED 19 AUGUST, 1946 UNDER RECEPTION NUMBER 94166
IN THE PUBLIC RECORDS OF THE SAID COUNTY, THE SAID POINT MONUMENTED BY A FOUND NAIL AND 2IN. ALLOY TAG (LS
16129); THENCE, N 15°40/17” E, A DISTANCE OF 6.10 FEET TO THE TRUE POINT OF BEGINNING, THE SAID POINT
MONUMENTED BY A FOUND NAIL WITH BRASS TAG (LS ILLEGIBLE);
THENCE, N 88°41'45” W, A DISTANCE OF 3.45 FEET TO A POINT ON THE EASTERLY BOUNDARY LINE OF BLOCK 5, OF THE
SAID OKLAHOMA FLATS, SUBDIVISION, THE SAID POINT MONUMENTED BY A FOUND NAIL WITH BRASS TAG (LS 16129);
THENCE, ALONG THE EASTERLY BOUNDARY LINE OF THE SAID BLOCK 5, N 16°20'30” E, A DISTANCE OF 52.36 FEET TO THE
NORTHEAST CORNER THEREOF. THE SAID CORNER MONUMENTED BY A FOUND 5/8IN IRON PIN WITH YELLOW PLASTIC CAP
MARKED LS 13166;
THENCE, ALONG THE NORTHERLY BOUNDARY LINE OF THE SAID BLOCK 5, N 73°38'37” W, 12.26 FEET;
THENCE, N 15°40'17” E, A DISTANCE OF 99.16 FEET TO A POINT ON THE EASTERLY BOUNDARY LINE OF THE FIFTH
AMENDED PLAT OF THE HILL HOUSE CONDOMINIUMS, FROM WHENCE THE SOUTHEASTERLY CORNER THEREOF BEARS S
32°2131” W, 110.97 FEET DISTANT, THE SAID CORNER MONUMENTED BY A FOUND 5/8IN IRON PIN WITH YELLOW PLASTIC
CAP MARKED LS 20151;
THENCE, ALONG THE EASTERLY BOUNDARY LINE OF THE SAID CONDOMINIUM, N 32°21'31” E, A DISTANCE OF 29.70 FEET
TO THE NORTHEAST CORNER THEREOF AND A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF GIBSON AVENUE, THE
SAID CORNER MONUMENTED BY A FOUND 5/8IN IRON PIN WITH YELLOW PLASTIC CAP MARKED LS 20151;
THENCE, ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF THE SAID AVENUE, S 64°15'57” E, A DISTANCE OF 16.73 FEET, TO
A POINT FROM WHENCE THE POINT OF CURVATURE ON THE SOUTHERLY RIGHT-OF-WAY LINE OF GIBSON AVENUE BEARS S
64°15'57” E, 22.34 FEET DISTANT, THE SAID CORNER THE SAID CORNER MONUMENTED BY A FOUND 5/8IN IRON PIN WITH
YELLOW PLASTIC CAP MARKED LS 20151;
THENCE, S 15°40'17” W, A DISTANCE OF 67.21 FEET TO A POINT ON THE NORTHERLY BOUNDARY LINE OF THAT TRACT OF
LAND DESCRIBED UNDER RECEPTION NUMBER 679773 IN THE PUBLIC RECORDS OF THE SAID COUNTY;
THENCE, ALONG THE NORTHERLY BOUNDARY LINE OF THE SAID TRACT OF LAND (REC 679773), N 49°09'30” W, A DISTANCE
OF 11.07 FEET TO THE NORTHWEST CORNER THEREOF, THE SAID CORNER MONUMENTED BY A FOUND 5/8IN IRON PIN
WITH YELLOW PLASTIC CAP (LS 19598);
THENCE, ALONG THE WESTERLY BOUNDARY LINE OF THE SAID TRACT OF LAND (REC 679773), S 15°40'17” W, A DISTANCE
OF 113.83 FEET TO THE POINT OF BEGINNING.
THE SAID TRACT OF LAND IS COMPRISED OF 2,604 SQ.FT. (0.06 ACRES), MORE OR LESS.
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UNIT C
15' PUBLIC UTILITY
EASEMENT REC.
NO. 205613
(ITEM 10 CONDO A,B
ITEM 11 CONDO C)
SOUTH LINE NE 1/4, SW 1/4 SEC. 7
NORTH LINE SE 1/4, SW 1/4 SEC. 7
COA GPS 3
COA GPS 9
N56
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321
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4200.
9
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PROPOSED 25.0'
PUBLIC UTILITY
EASEMENT
N3
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22.34'
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52.36'
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12
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POINT OF BEGINNING
20.0' PUBLIC UTILITY
EASEMENT
PLAT BOOK 7, PAGE 7
(ITEM 13 CONDO A,B
ITEM 14 CONDO C)
L1
L2
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6
EAST-WEST CL OF SEC. 10
BASIS OF BEARINGS
1:20
40200
N
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W E
EXHIBIT B
PUBLIC UTILITY EASEMENT FOR 701 GIBSON AVENUE, ASPEN COLORADO
HIGH COUNTRY ENGINEERING, INC.
file:
date:
checked by:
drawn by:
Project No:
page:
scale:
1517 blake avenue, suite #101
glenwood springs, CO 81601
phone (970) 945-8676 fax (970) 945-2555
www.hceng.com 2 of 2
2201051
1:20
J:/220/2201051.00
10/25/2021
BB
HCE
EASEMENT
PUBLIC UTILITY
701 GIBSON AVENUE
CITY OF ASPEN, COLORADO
DARIN EYDENBERG
FOUND YELLOW PLASTIC CAPPED IRON PIN LS#20151
FOUND NAIL AND BRASS WASHER (ILLEGIBLE)
FOUND NAIL AND BRASS TAG LS#16129
SET YELLOW PLASTIC CAPPED IRON PIN LS#23875
MONUMENT LEGEND
FOUND YELLOW PLASTIC CAPPED IRON PIN LS#19598
FOUND YELLOW PLASTIC CAPPED IRON PIN LS#13166