HomeMy WebLinkAbout11_RANCH_ENTRANCE_&_HARVEY-CAUDILL_EASEMENT11.1Ranch Entrance
ranch entrance &
Harvey/Caudill access easement
section
11
11.2 Bar Slash X Ranch LLC - Annexation and Stage Road PUD/Subdivision: Final Submission
Ranch Entrance
Throughout our approval process, we have
spoken to the need for some entrance structure
and signage that would mark the transition from
the City of Aspen public road system into the
private roads of the Bar/X Ranch and the Stage
Road Subdivision.
City Council had equally made it clear, on more
than one occasion, that they were opposed to
anything in the manner of a “gated community”
and would not, in any circumstances, approve the
installation of gates at the entrance.
We are therefore proposing, in keeping with our
desire to maintain the rural ranching character of
the area, to construct a traditional ranch entrance,
as used to be found up and down the Roaring
Fork Valley. This consists of two vertical steel
tubular posts supporting a similar horizontal rail
from which a flat ranch entrance sign. hangs At
ground level there will be a cattle guard, and no
gates will therefore be required. The sign meets
the City sign ordinance standards.
Computer simulation of entrance structure, cattle guard, and pedestrian pathway on Old Stage Road.
A sign indicating a through road to the Harvey
and Caudill properties will also be placed at
this entrance. This sign will use enamelled
black lettering on a white background and will
be manufactured by a commercial roadsign
company.
Harvey/Caudill Access Easement
Stage Road through the ranch is a prescriptive
easement only and not a dedicated public right-
of-way. As a condition of the Preannexation
Agreement (see Section 29), this road will be
privatized. Easements are created in the Stage
Road Subdivision for access and utilities to the 12
new lots. Similarly, the Preannexation Agreement
provided that a non-exclusive easement would be
provided for the Harvey and Caudill properties,
and that there would be no expense chargeable
to these properties for the maintenance of Stage
Road unless the approved densites existing
on these properties as of May 21, 2001 was
exceeded. The draft of this easement follows:
11.3Ranch Entrance
RECORDING REQUESTED BY:
WHEN RECORDED RETURN TO:
Herbert S. Klein, Esq.
Herbert S. Klein & Associates, P.C.
201 North Mill Street, Suite 203
Aspen, Colorado 81611
ROAD EASEMENT AGREEMENT
THIS ROAD EASEMENT AGREEMENT, made and entered into as of the ___ day of April, 2003, is
by and among: Bar\X Ranch LLC, a Colorado limited liability company, whose address is c/o
Herbert S. Klein, Esq., 201 N. Mill St. #203, Aspen, CO. 81611, hereinafter referred to as “Grantor”
and __________ (“Harvey”) and ___________ (“Caudill”). (Harvey and Caudill are hereinafter
sometimes jointly referenced as “Grantees”.)
RECITALS
WHEREAS, Grantor is the owner of that certain private road (the "Road") that is legally described
on Exhibit A hereto, which Exhibit is incorporated herein by this reference; and
WHEREAS, Harvey is the owner of that certain real property that abuts the Road and that is legally
described on Exhibit Harvey-1 hereto, which Exhibit is incorporated herein by this reference
("Harvey Property"); and
WHEREAS, Caudill is the owner of that certain real property that abuts the Road and that is legally
described on Exhibit Caudill-1 hereto, which Exhibit is incorporated herein by this reference
("Caudill Property"). The Harvey Property and the Caudill Property are sometimes hereinafter
collectively referenced as the “Lots”; and
WHEREAS, the parties hereto desire to enter into this Agreement in order to memorialize their
mutual agreement and understanding pertaining to the grant by Grantor to the Grantees of an
easement to use the Road for a non-exclusive access easement to each of their respective Lots,
and pertaining to conditions regarding the Grantees’ use of such easement.
NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) in hand paid by each of
the Grantees, individually, to Grantor, and in further consideration of the mutual covenants,
conditions, obligations, and promises of the respective parties hereto, the receipt and sufficiency of
said consideration being hereby acknowledged, the parties hereto agree as follows:
1. Grant of Easement: Grantor hereby grants to the Grantees (and to their successors and assigns
in each of their respective Lots), and to their respective guests, licensees, and/or invitees a
perpetual, non-exclusive, easement, forty (40) feet in width (the “Forty Foot Easement”), within
which the rights to the following uses are hereby granted to the extent and in the locations as set
forth below:
1.1 A perpetual, non-exclusive, surface easement, twenty (20) feet in width, for ingress, egress and
vehicular access to their respective Lots (the "Vehicle Easement") over and across the Road. The
precise location of the Vehicle Easement within the Forty Foot Easement will be based upon the as-
11.4 Bar Slash X Ranch LLC - Annexation and Stage Road PUD/Subdivision: Final Submission
2
built location of the driving surface when constructed by Grantor. At such time, the parties agree to
execute an amendment to this Agreement which will contain the precise legal description of the
Vehicle Easement (the "Vehicle Easement Areas"). In the meantime, the easement granted hereby
shall be over and across the existing driving surface of the Road, for the purpose of providing
motorized vehicular access, ingress, and egress to and from the Lots;
1.2 A perpetual, non-exclusive, surface easement, six (6) feet in width along the northerly edge of
the Vehicle Easement, for ingress, egress and bicycle, and pedestrian access to their respective
Lots (the “Pedestrian Easement”) over and across the Road. The precise location of the Pedestrian
Easement within the Forty Foot Easement will be based upon the as-built location of the Pedestrian
Easement when constructed by Grantor. At such time, the parties agree to execute an amendment
to this Agreement which will contain the precise legal description of the Pedestrian Easement (the
"Pedestrian Easement Areas"). In the meantime, the easement granted hereby shall be over and
across the existing surface of the Road, for the purpose of providing pedestrian and non-motorized
vehicular access, ingress, and egress to and from the Lots; and,
1.3 A perpetual, non-exclusive easement, on and under the surface, ten (10) feet in width along the
southerly edge of the Vehicle Easement, that may be used by any public utility for purposes of
constructing, operating, maintaining and repairing those public utilities located under, or across said
easement including future facilities as deemed necessary to provide said public utilities to the Lots
(the “Utility Easement”). The precise location of the Utility Easement within the Forty Foot Easement
will be based upon the as-built location of the Vehicle Easement, from which dimensions the
location of the Utility Easement to the north and/or south of the Vehicle Easement will be
determined, when constructed by Grantor. At such time, the parties agree to execute an
amendment to this Agreement which will contain the precise legal description of the Utility
Easement (the "Utility Easement Areas"). In the meantime, the easement granted hereby shall be
limited to the placement of underground utilities under the portion of the Forty Foot Easement that
lies southerly of the existing driving surface of the Road (the "Utility Easement Areas") for the
purpose of providing public utilities to the Lots. Grantees shall be responsible for restoring and
repairing any damage to fences and/or access improvements (including, without limitation, the
driving surface of the Road, drainage improvements and other improvements within the Forty Foot
Easement), as a result of their exercise of their rights under this Utility Easement, now and in the
future when the precise location of the Utility Easement is determined and thereafter.
2. Acceptance of Easement: Grantees hereby accept the Vehicle Easement, the Pedestrian
Easement and the Utility Easement and agree that:
2.1 In no event shall the Grantees, their successors and assigns and/or their guests, licensees,
and/or invitees ever use any portion of the Road for any other purpose than is provided for above;
and
2.2 Grantees hereby acknowledge and agree that the Road is a private road, and the Grantees
shall in no event take any step or do any thing that may cause the Road (including, without
limitation, the Vehicle Easement Areas, the Pedestrian Easement Areas and the Utility Easement
Areas) to lose their status as a private road; and
2.3 Each of the Grantees shall indemnify, defend, and hold Grantor harmless from and against any
claim, lawsuit, judgment, fine, penalty, cost, or expense (including, without limitation, costs of
investigation, court costs, and reasonable attorneys fees) that may arise from or relate to any use
made by any of the Grantees, their successors and assigns and/or its guests, licensees, and/or
11.5Ranch Entrance
3
invitees of the Vehicle Easement, Pedestrian Easement or the Utility Easement, and/or the Vehicle
Easement Areas, the Pedestrian Easement Areas and the Utility Easement Areas; and,
2.4 Except as herein provided, each of the Grantees will do nothing that will deprive the other
Grantees exercise of rights granted under this Agreement; and,
2.5 Should one or more cattle guards be placed in any portion of the Road, the Grantees
acknowledge that, such cattle guards will not constitute interference with the Vehicle Easement,
Pedestrian Easement or the Utility Easement.
3. Financial Obligations: For so long as the Caudill Property is developed at a density of not more
than one residential unit, such Lot shall not share the costs of snowplowing and maintenance,
improvements and repairs to the Road, except that Caudill shall be obligated, at its sole expense for
any repairs or maintenance that are necessitated due to damage to the Road or the Vehicle
Easement Areas caused by Caudill (or their guests, licensees, and/or invitees), which repairs or
maintenance shall be undertaken and completed in a prompt and workmanlike manner that restores
the Road and any disturbed areas within the Vehicle Easement Areas to their condition prior to the
damage. Likewise, For so long as the Harvey Property is developed at a density of not more than
three residential units, such Lot shall not share the costs of snowplowing and maintenance,
improvements and repairs to the Road, except that Harvey shall be obligated, at its sole expense
for any repairs or maintenance that are necessitated due to damage to the Road or the Vehicle
Easement Areas caused by Harvey (or their guests, licensees, and/or invitees), which repairs or
maintenance shall be undertaken and completed in a prompt and workmanlike manner that restores
the Road and any disturbed areas within the Vehicle Easement Areas to their condition prior to the
damage.
Should either of the Lots become liable for the costs of snowplowing, maintenance, improvements
and repairs to the Road by reason of an increase in their residential density, as set forth herein, the
parties shall allocate expenses on the basis of the number of single family residences on each of
the properties of the parties who are liable for said costs; provided that in such calculation, with
respect to the Harvey Property, three single family residences shall be excluded from the
calculation and with respect to the Caudill Property, one single family residence shall be excluded
from the calculation. With respect to the Grantor’s share, the number of single family residences
constructed on the Stage Road PUD, shall be the number of which represents Grantor’s share of
said costs. Grantor shall pay all of said costs until either of the Lots have become liable for the
costs of snowplowing and maintenance, improvements and repairs to the Road, and then Grantor
will be liable for its shares and the property which has become liable for said costs shall pay its
share and when the other property becomes liable for said costs the Grantor and the owners of the
Caudill Property and the Harvey Property shall each pay their respective shares of said costs.
Nothing herein shall be deemed to imply any obligation by Grantor to maintain or repair the Road.
Any party who is responsible for the costs of work necessary for the road shall obtain the consent of
one of the other parties who is responsible to share said costs and the decision to expend such
sums shall be binding on those parties and any other party who is responsible for such costs. Any
party who does not pay its share of costs within 30 days of receipt of a bill therefore, shall be liable
for default interest at the rate of fifteen (15%) percent of said costs, plus any attorney fees and
costs incurred in any collection action by the party who paid said costs.
4. Run With The Land: It is the intent of the parties hereto that each of the Vehicle Easement, the
Pedestrian Easement and the Utility Easement shall run with the land, and be a benefit and burden
to (and be appurtenant to) the Lots and the Road to the extent of the grants set forth herein. This
11.6 Bar Slash X Ranch LLC - Annexation and Stage Road PUD/Subdivision: Final Submission
4
instrument shall be recorded in the records of Pitkin County, Colorado.
5. Miscellaneous:
5.1 Additional Documents: All parties agree to cooperate fully and to execute any and all
supplementary documents and to take all additional actions which may be necessary or appropriate
to give full force and effect to the basic terms and intent of this Agreement.
5.2 Governing Law: The law applicable to this Agreement and its interpretation shall be that of the
State of Colorado (regardless of Colorado's choice of law provisions) and any litigation arising out of
or concerning this Agreement shall be commenced and maintained in Pitkin County, Colorado, and
the parties hereby submit to the personal jurisdiction of Colorado in connection therewith.
5.3 Modifications: This Agreement may not be modified or amended except by an instrument in
writing duly executed by each of the parties hereto.
5.4 Entire Agreement: This Agreement (together with the Exhibits hereto) contains the entire
agreement among the parties and no other representation or promise has been made, or relied
upon, by the parties or their representatives or agents.
5.5 Counterpart Execution. This Agreement may be executed in any number of counterparts with
the same effect as if all parties hereto have signed the same document. All counterparts shall
be construed together and shall constitute one agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of _______, ___,
2004.
Bar\X Ranch LLC,
a Colorado limited liability company
By: ____________________________ Gary Finkel, Trustee of the Survivors Trust under the Zoline
Family 1982 Trust, its Managing Member
STATE OF )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this ___ day of ________, 2004, by Gary
Finkel, Trustee of the Survivors Trust under the Zoline Family 1982 Trust, Managing Member of
Bar\X Ranch, LLC, a Colorado limited liability company.
WITNESS my hand and seal.
My commission expires: ________________
___________________________________
Notary Public
11.7Ranch Entrance
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Caudill
_______________________________
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this ___ day of ________, 2004, by Caudill.
WITNESS my hand and seal.
My commission expires: ________________
___________________________________
Notary Public
Harvey
_______________________________
STATE OF )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this ___ day of _______, 2004, by Harvey.
WITNESS my hand and seal.
My commission expires: ________________
___________________________________
Notary Public
11.8 Bar Slash X Ranch LLC - Annexation and Stage Road PUD/Subdivision: Final Submission
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Exhibit A: The Road
Legal description to be added after finalization of the Plat.
11.9Ranch Entrance
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Exhibit Harvey-1: “The Harvey Property”
11.10 Bar Slash X Ranch LLC - Annexation and Stage Road PUD/Subdivision: Final Submission
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Exhibit Caudill-1: “The Caudill Property”
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