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Home My WebLink Aboutresolution.council.021-92 ".' fit, i~, "'-', cIl",,:,:,'1t ~l h ,".'It,!"" nl ~ RESOLUTION NO. 2.\ Series of 1992 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING AN EASEMENT UNDER PROPERTY OWNED BY THE CITY FOR THE PURPOSE OF INSTALLING AND MAINTAINING AN UNDERGROUND WATER PIPELINE SERVING THE ASPEN YOUTH CENTER, SETTING FORTH THE TERMS AND CONDITIONS FOR SAID EASEMENT, AND AUTHORIZING THE MA YOR TO EXECUTE SAID EASEMENT ON BEHALF OF THE CITY OF ASPEN, COLORADO, AS GRANTOR. WHEREAS, there has been submitted to the City Council a proposed easement under a portion of property owned by the City of Aspen for the purpose of installing and maintaining a water service line together with the rights of access to the same by the Aspen Youth Center as grantee, a true and accurate copy of which is attached hereto as Exhibit "A"; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ASPEN, COLORADO: That the City Council of the City of Aspen hereby approves that easement wherein the City of Aspen grants unto the Aspen Youth Center a right to install, maintain and access a water service line under City owned property, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the Mayor of the City of Aspen to execute said easement on behalf of the City of Aspen as grantor. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the -.2f-- day of ~ , 1992. ~ 7- l7~ John ; Bennett, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held on the day hereinabove stated. J ~. ~,'"" \'i,< c",'_ 0~ i& -<''''' ;'11', t~" " EASEMENT IS GRANT OF EASEMENT IS MADE THIS 27 day of , 1992, by the city of Aspen, Colorado, a munici al corporation, as Grantor, to the Aspen Youth Center, a not-for-profit organization incorporated under the laws of the State of Colorado, as Grantee. WHEREAS, Grantee desires to obtain an easement under a portion of the Property for the purpose of installing and main- taining a water service line together with the right of access to the same. NOW, THEREFORE, for and in consideration of the payment of the sum of Ten Dollars ($10.00), the receipt and adequacy of which is hereby acknowledged by Grantor, Grantor does hereby grant and convey to Grantee without covenants or warranties of any kind, the right, privilege and easement to construct, in- stall, maintain, operate, repair, remove and replace a water service line along and across the Easement Premises situated on the Property as described on Exhibit "A" and depicted on Exhibit "B", attached hereto and incorporated herein by this reference. Further, Grantor does grant to Grantee the right to access said water service line over, under, across and along the Easement Premises as may reasonably be required for the purpose of exer- cising the rights, privileges and, eas,ement herein granted. The foregoing grant of easement and access shall be subject to the following terms and conditions: 1. The Easement Premises shall not exceed fifteen (15) feet in width. 2. Grantee's water service line and all associated facili- ties shall be constructed, installed, maintained and operated in a safe and workmanlike manner and in such a manner as to avoid damage to or destruction of Grantor's property or trees, shrubs and other vegetation on the Property. Any damage to the Gran- tor's property or to the surface, trees, shrubs or other vegeta- tion caused by Grantee's installation, maintenance, repair or removal of the pipeline or attendant facilities, shall be re- paired or replaced by Grantee to the satisfaction of Grantor. Grantee further agrees to restore at its sole cost the former condition of usefulness and appearance of the Eas~ment Property which may be disturbed or interfered with by the construction, maintenance, operation or repair of the pipeline and its atten- dant facilities. 3. Grantee shall not place, keep, store or otherwise permit any equipment or materials on the Easement Premises except l 41) UJ,/., ~ ~,. I.~_{ \- ~k fit'. , \3... \\,,:, ." during such times as Grantee's employees or agents are physically present and conducting activities permitted under this Easement. 4. Grantee agrees to hold harmless and indemnify Grantor, its officers and employees, from any and all losses, claims, injuries, expenses, damages and liabilities of any kind whatsoev- er, including the costs of defense and attorney's fees, however, arising from or in connection with the existence, installation, maintenance, repair or operation of the Grantee's pipeline and facilities. 5. It is expressly understood and agreed that the grant of easement as herein provided and Grantee's use of the Easement Premises shall at all times be subordinate to the Grantor's use of the Propetry and should any relocation or removal of the pipeline or its attendant facilities be necessitated in Grantor's discretion at any time in the future as a result of the Grantor's use of the Property, then such removal or relocation shall be solely at Grantee's expense and shall be done as nearly as practicable in accordance with Grantor's request. In such event, Grantor will provide additional easements over and/or under the Property to Grantee where practicable. 6. This Easement is not intended and shall not be con- strued to grant an easement or access across, over or under any property or premises other than the Easement Premises as described and depicted herein. 7. This Easement shall continue only so long as Grantee shall use the Easement Premises for the purposes described and it shall immediately lapse and terminate upon cessation or alter- ation of such use or upon the termination of a certain Lease Agreement between the parties, whichever shall occur first. Additionally, the rights granted hereunder to Grantee shall lapse should the pipeline not be constructed and installed within three (3) months from the date of this agreement. 8. Grantee shall notify in advance Grantor, through the Public Works Director of the City of Aspen, 130 South Galena street, Aspen, Colorado 81611, of those dates and times Grantee, its employees or agents, shall access the Easement Premises to undertake any excavations thereon. 9. The Easement granted hereunder shall be perpetual except as provided in paragraph 7 and that it shall automatically terminate should Grantee or any of its successors or assigns violate the terms and conditions contained herein. 2 '.,' '\<. tit",.,'",' .)i " -'."., 6'1):', \i.'.. ~ 10. All rights, benefits and privileges granted, created or reserved herein and all impositions and obligations imposed hereunder, shall inure to the benefit of and be binding upon the parties, their successors and assigns. 11. Any rights to the Property or Easement Premises not specifically granted to Grantee herein are reserved to the Grantor, its successors or assigns. IN WITNESS WHEREOF, the Granto~~~ a~~ixed its duly autho- rized signature this CO'+L- day of ~' ,1992. , CITY OF ASPEN, COLORADO ~ <J;I~ ~ ~7""'" .,-, By: John s.Bennett, Mayor ATTEST: was acknowledged before me this ~~[~ day of , 1992, by John S. Bennett as Mayor and as city Clerk of the city of Aspen, Colorado. WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: ~b)/ 11/:)/, ,,) ~tt.r//IJ-UlUk (?/ &~ otarUPublic A3-:}Z()~,~ I~T/&// Addr s() . . jw413 .1 3 I'..',.., I~ 1\1 ''''. ,. ~. I!A, , \. EXHIBIT A WATER LINE: A fifteen foot easement for an as-built water seven and one-half feet on each side of the centerline. centerline of said easement is described as follows: line, The Beginning at a Water Service Valve whence the West One Quarter Corner of said Section 7 bears North 34 degrees 34 minutes 56 seconds West, a distance of 2252.57 feet; thence South 78 degrees 25 minutes 47 seconds West, a distance of 63.00 feet; thence South 75 degrees 07 minutes 58 seconds West, a distance of 22.03 feet; thence South 61 degrees 38 minutes 24 seconds West, a distance of 7.77 feet; thence South 61 degrees 47 minutes 21 seconds West, a distance of 4.67 feet to a point on the northerly boundary of the Pitkin County Center Subdivision as recorded in Plat Book 13 at pages 83 and 84 in the Office of the Pitkin County Clerk and Recorder, said point being North 28 degrees 51 minutes 02 seconds East, a distance of 304.68 feet from the southwesterly corner of said Subdivision, said corner being also the southwesterly corner of Block 92, of the Original Aspen Townsite, the point of intersection being the easement terminus. 5 C:\WPS1\ASPENYOUTB\EXHIBIT.COUNTY 0/,/' , .' ,,"" ",!>. .... , , ' , ~ ....... ....... .,.......4 - ..... ............;1.'6.,,1 ............... ..1" ......... ~/ ~ 8' WATER SERVICE EASEMENT l " ~ .. ;... ., ..," "'...... ~ ...'" 0'6" .... .. .01....... ... "'... 'lo1"'1.'l.'~""" / / . " ~ N 26051'02"E 304 TIE TO SW 1..: SUBD. COR. YOUTH o . . CENTER / /~"'~: " " ..'\...." /"..0- ~"J'// . ,.. / Iii:! : g!::' ....\1.,.t , , 0.""'6'." , .' tl2.5049'\4"E 2.62,62' TIE TO SW'LY sueD. COR. tj ~ . w ~ ~ COUNTY .JAIL , I N 25050'50"E 256.20' : ;~ TIE TO SW LV sueD. COR. f II I *::~<t. I I, \ ~. t' II\'~:' 'I ( ',\ I 1\ ~\ I ,,~\ , , \ . \ ! ! \'~\ I , \!'\ , I \ ':.\ , I I \ '\ " \ I I \ \ , I \ . ,. \ ,: I 10 I I ~ I I N 2053'l9KE 202.77' TIE TO SW LV suaD. COR :=J ~ , , "- . w . . t ~ z " J ;; ~ 8' ~it~~~~ro'il ...., ELECTRIC ........ EASEMENT +., ....... 0.00......... ......~.~"'~O'i,. ....~....... I ....... Ii..,,:....... 1_______ __ ............ I!O.ltr.t/,:.........._ ... 0...... ---___ .............. ~~1.22.~I.W - ......... 22.4"- ----- N 340 34'56"W, 2252.57' TIE TO W 1/01$ CORNER SEC. 7, T lOS, R 84 W, 6111. P.M. WA.TER SERVICE VALVE I. 10 , 1'- .: i...1 ..../ ':~'I . I I I I ~"''''''''''''9~''44~'II'/ ~ot.~. _11:."-- _ '50" 1.\.~.........~- M7!1.\T'!Il1"'II' ...... __1~.7t:.... ... 1 ' ELECTRIC ~"'I?lI~~~I~.E EASEMENT , i- I I I I , I I \ , , \ a' TELEPHONE 6 TELEVISION EASEMENT I~OOI'45.t:.I'.,,' w w . . . I , , , , , , , ---J-. , I , , , , , , N61017' "E 176 TIE TO SW LY SUBD. COR. --- M010t4'14-'II',lI.1I0' EXISllNG lELEPHONE 6 TELEVISION PEOESTALS , : EXISTING /UTILITY , , , , EXISTING GAS MEiER < z W J < ~ COURTHOUSE NZB03Z'OZ"E IO~.97' TIE TO SW LY SUBD. COR. COUNTy.'UlID.VISIC 1I0UND""T W.I.-_.-~-~-~&Q . ." .. i (BLOCK 92, ORIGINAL ASPEN TOWNSITE) SUBDIVISION CENTER PITKIN COUNTY