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Home My WebLink Aboutresolution.council.054-03 RESOLUTION NO. (Series ofc..~&~ ~) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APROVING AN ACCESS AND UTILITY EASEMENT AGREEMENT BETWEEN THE CS AS SOCIATES OF CARBON-DALE, LLC, THE CLIFFORD ~gE ~H K0. LLLP, THE CITY OF ASPEN AND PITKIN COUNTY, SETTING FORTH THE TERMS AND CONDITIONS OF THE ACCESS AND UTILITY EASEMENT AGREEMENT AND AUTHORIZING THE MAYOR TO EXECUTE THE SAID EASEMENT AGREEMENT ON BEHALF OF THE CITY OF ASPEN. WHERAS, there has been ~ubmitted to the City Council an Access And Utility Easement Agreement between the CS Associates ofCarbondale LLC, the Cerise Ranch Co LLLP, the City of Aspen, Colorado and Pitkin County, Colorado a copy of which is annexed hereto and part thereof NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO. Section One. That the City Council of the City of Aspen herby approves the Access And Utility Easement Agreement between the CS Associates of Carbondale LLC, the Cerise Ranch C° LLLP, the City of Aspen, Colorado and Pitkin County, Colorado, regarding the parties deSire to formalize their agreement and specify the rights and obligations of the parties with respect to the Access and Utility Easement, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the Mayor to execute said Access And Utility Easement Agreement substantially in the form as attached on behalf of the City of Aspen, including the documents appended thereto. RESOLVED, APPROVED AND ADOPTED this,q~,..~ day of c~2~_, by the City Council for the City of Aspen, Col~-rado. ~ ' 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 June 23, 2003 Kathryn S. K~dh, City Clerk -- · Carb Apts Reso 2003.doc 489791 ACCESS AND UTILITY EASEMENT AGREEMENT THIS AGREEMENT is made this ,.,24 da o'"~'~7~'."~'~,2 fl..~ y I(..?C ~ 003 by and between Pitkin COunty Colorado a Colorado Home Rule Charter County and City °fAspen, Colorado, a Colorado Home Rule City, Grantors, and CS Associates of Carbondale, LLC a Colorado limited liability company ( CS ASSOCIATES ) Grantee and Clifford Cerise Ranch Co. LLLP, a Colorado limited liability limited partnership ( RANCH COMPANY ) Grantee (C0iiectiyely Grantees). ?ITNESSETH: WHEREAS, the Grantors are the owners of certain real property located in Garfield County, Colorado as described on Exhibit "A" attached hereto ("Grantors Property"); and WHEREAS, CS ASSOCIATES is the owner certain real property located in the Garfield County, Colorado as described on Exhibit "B" attached hereto (" CS ASSOCIATES Property") which is adjacent to Grantors Property; and WHEREAS, An access and utility easement currently exists across Grantors Property for the use and benefit of CS ASSOCIATES Property 'as described in Town of Carbondale Resolution 91-10 Series 1991 dated July 23, 1991 (Access and Utility Easement) and WHEREAS, RANCH COMPANY and CS ASSOCIATES are the owners of certain real property located in the Garfield County, Colorado as described on E ' ' xhth~t C attached hereto (" RANCH/CS Property") which is adjacent to Grantors Property; and WHEREAS Grantors desire to grant the right to RANCH COMPANY and CS ASSOCIATES to use and enjoy the Easement; and WHEREAS, the parties desire to formalize their agreement and specify the rights and obligations of the Parties with respect to the Access and Utility Easement and modify the Access and Utility Easement consistent with the description attached as Exhibit D 'Access and Utility Easement Area) for the use and benefit of Grantors and Grantees; NOW THEREFORE, for and in consideration ofTen Dollars and the promises and covenants contained herein, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: I IIIIII IIIII IIIIII IIIII IIII IIII IIIIIIII III IIIII IIII IIII 641214 1'1/~.9/2003 04:02P 01540 P173 H GILSDORF 1 o~' 11 R 50.00 D 0.00 GARFIELD COUNTY CO 10/15/2003 02:56P 1. Crran: of Easement Grantors hereby grant to Grantees a perpetual, unl/rrfited and non- exclusive easement over and across the Access and Utility Easement Area for ingress and egress, and utilities for the use of Grantees respective properties. 2. ~,J~hts and Use of Easement Area The Parties shall not consrruc~ any improvements whatsoever in the Easement Area nor take any action, which would restrict the use and enjoyment of the Easement Area, specified herein. 3. Runn/n~ of Benefits and Burdeu~. The burdens and benefits of the provismns of this Agreement shall run w/th the Grantors Property and Grantee s Property, respectively, and are binding upon and inure to the he/rs, assigns and successors of the parties hereto. 4. Sharin~ of Maintenance and Improvements Cosrq Grantor, CS ASSOCIATES and RANCH /CS Property owners shall share equally in the cost of maintenance and improvements to the Easement Area. Written approval from all three property owners shall be obtained prior to the construction of any improvements to the Access and Utility Easement Area. The parties agree to cooperate in future reasonable efforts to maintain and/reprove the Access and Utility Easement Area. 5. Attorneys' Fees. Should any party hereunder be required to resort to legal or equitable process for the enforcement of any provisions of this Agreement, the prevailing party shall be entitled to collect ali of their reasonable attorneys' fees, expenses and costs. 6. Indemnification - Grantees shall indemnify and hold Grantors harmless against ali liabilities, damages and other expenses which may ~e imposed upon, incurred by or asserted against Grantors by reason of any negligence on the par~ of Grantee, its agcmts, conu:actors, licensees, or invitees or any personaI injury or property damage occurring on or about the Access and Utility Easement Area associated with Grantees use of the Access and Utility Easement Area. If any action or proceeding is brought against Grantors by reason of any suck occurrences, Grantee, upon written not/ceil:om Grantors, will, at Grantee's expense, resist or defend such action or proceeding by counsel approved in writing by Grantors, suct/approval not to be withheld unreasonably. 7. CoUnterparts - A copy of this Agreement may be executed by each party, separately, and when each party has executed a copy thereof, such copies taken together shall be deemed to be a full and Complete Agreement between the parties .... IN WITNESS WHERt~OF, the parties have executed th/s Access and Utility Easement Agreement on the day and year written above. I IIIIII IIIII IIIIII IIIII IIII IIII IIIIIIII III IIIII IIII IIII 641214 11/19/2003 04:02P B1540 P174H ~LSDORF 2 o¢ 11R 56.00 D 0,00 G~RFIELD COUNTY CO Pitkin Counw. Color~aflo a~Colorado~,Home Rule Jack Hatfield, Chairpq~on Pitkin ~ounry BoaJd oF County Commissioners John Ely Es .~aerC'Z~m~lf6'-rney of Pitk/n County Colorado a Colorado Home Rule Charter Coun~ City of Aspen, Colorado, a Colorado Home Rule City Helen Klm~d~md a~t~--City'~fAspen, Colorado, a Colorado Home Rule City John Worcester Esq. as the City Attorney of the City of Aspen, Colorado, a Colorado Home Rule city GRANTEES: C AS OC E OF ONDALE, LLC y Michae~se, Manager I IIIIII IIIII IIIIII IIIII IIII IIII IIIIIIII III IIIII IIII IIII 641214 11/19/2003 04:02P B1540 P175 I'1 FILSDORF 3 o{= 11 R 56.00 D 0 00 GRRFIELO COUNTY CO ~: L~ry L. Stang~land Manager Page: 4 10/15/2003 02:$6p 0200 D 0,00 CLIFFORD CERISE RANCH CO., LLLP y/~fford O. Cerise, General Partner STATE OF COLORADO ) COUNTY OF PITKIN ) The foregoing was subscribed and sworn tO before me this /O°~-~ day of,")/,~,rf4~_~ , 2003, by Jack I-Iatfield, as Chairperson Pitkin County Board of County Commissioners.- Witness my hand and official seal. STATE OFCOLORADO ) ) COUNTY OF PITK~N ) The foregoing was subscribed and sworn to before me this _~f__~ay of /f~--Fj;;~2~ by John Ely Esq., as Pitldn County Attorney ' ' 2003, Witness my hand and official seal. My commission expires: I IIIIII IIIII II15 lllll llll IIII IIIIIIII III IIIII IIII IIII 641214 11/19/2003 04:02P B1540 P176 M RLSDORF 4 of' 11 R 56,00 D 0.00 GI:IRF'rELO COUNTY CO STATE OF COLORADO COUNTY OF PITKIN 489791 10/15/2003 02:56P o e.ee Y andeurud as Mayor of City of Aspen, Colorado. Witness my hand and official seal. My commission expires: 2003, STATE OF COLORADO ) ) SS. COLrNTY OF PITKIN The foregoing was subscribed and sworn to before me this,,~ day by John Worcester as City Attorney of City of Aspen, Colo-ra~16. -~' - Witness my hand and official seal. My commission expires: ~j~otary Public _, 2003, STATE OF COLORADO 489791 Page: 6 of 11 10/$ s/2eo3 02: S6P D e.ee COUNTY OF GARFIELD ~ The forego/ng was subscribed and sworn ro before me this/oC~ day of ~ __~ by Michael B. Cerise as Manager of CS Associates of Carbondale, LLC. Witness my hand and official seal. My commission expires: /~ary PubI/c~ STATE.OFCOLORADO COUNTY OF GARFIELD ) The foregoing was subscribed and sworn to before me th/s~/~-'--~ay of by Larry L. Stangeland as manager of CS Associates of Carbondale, LLC. ,2003~ 2003, Witness my hand and official seal. My comm/ss~on expires: ~ary ~ub-~ STATE OFCOLORADO COUNTY OF GARFIELD ) The foregokng was subscribed and sworn m before me th/ day of'~/ by Clifford O. Cerise, General Partner of CL~FORD CERISE RANCH CO., LLLP. ,2003, I IIIIII IIIII IIIIII I II IIII IIII IIIIIIII III IIIII IIII IIII 641214 11/19/2003 04:02P B1540 P178 M RLSDORF 6 0¢ 11R 56.00 D 0.00 GRRFZELD C0UNTY CO Wimess my hand and official seal. My commission expires: 10/15/2003 02:55P $ILVtA DAVIS PITKIN COUNTY CO R 0.00 D 0,00 I IIIIII IIIII IIIIII IIIII IIII IIII IIIIIIII III IIIII IIII IIII 641214 11/19/2003 04:02P B1540 P17g H AL$DORF 7 o¢ 11R 56.00 D 0.00 GARFIELD COUNTY CO ~hibit A Legal Description A tract of land situated in Lot 13, Section 34, Townsh/p 7 South, Range 88 West of the Sixth Principal Mer/dia~, Town of Carbondale, Garfield County, Colorado, more fully described as follows: Lot B Beginning at a Point on the South line of Main Street whence the southwest comer of Block 29, Town of Carbondale; bears S 37° 49' 59" E 582.60 feet; thence S 03° 39' 00"E 161.01 feet; thence East 2.46 feet; thence S 03° 29' 00" E 50.00 feet; thence West 122.48 feet; thence N 00° 45' 38" W 159.72 feet; thence N 03° 39' 00" W 49.78 feet; thence N 89° 23' 00" E 112.03 feet ro the Point of Begirmmg. The above described tract is comprised entirely of those ~racts of lm~d conveyed to Char/es Larry Pilfer and Konea Raye Piffer in Deeds recorded in the Garfield County Records in Book 337 at Page 17, in Book 398 at Page 355, in Book 413 at 171, and in Book 529 at Page 599. I IIIIII IIIII IIIIII IIIII IIII IIII IIIIIIII III IIIII IIII IIII 641214 11/19/2993 04:02P B1540 P180 r~ RLSDORF 8 oF 11 R 56.00 D 0.00 GRRF'rELD COUNTY CO 489791 10/15/2003 02;56P Exhibit B Legal Description A tract ofland situated in Lot 13, Section 34, Township 7 South, Range 88 West of the Sixth Principal Merid/an, Town of Carbondale, Garfield County, Colorado, more fully described as follows: Lot A Beghnnmg at a Point on the South Iine ~fMain Street whence the southwest comer of Block 29, Town of Carbondale; bears S 37° 49' 59" E 582.60 feet; thence S 03° 39' 00'~E 161.01 feet; thence East 2.46 feet; thence S 03° 29' 00" E 50.00 feet; thence West 122.48 feet; thence N 00° 45' 38" W 159.72 feet; thence N 03° 39' 00" W 49.78 feet; thence N 890 23' 00" E 112.03 feet to the Point of Begirming. The above described tract is comprised entirely of those tracts of Iand conveyed to Charles Larry Piffer and Konea Raye Pilfer in Deeds recorded/n the Garfield County Records irt Book 337 at Page 17, in Book 398 at Page 355, in Book 413 at 171, and in Book 529 at Page 5991 I IIIIII IIIII IIIIII IIIII IIII IIII IIIIIIII III IIIII IIII IIII 641214 11/19/2003 04:02P Bl$40P18J, H~EsDORF 9 of 11 R 56.00 D 0.00 GI:IRF*rELD COUNTY CO EXHIBIT "C" .~O~E, _COLO~O ~S S 3E"4~'OT"E 10!6.~3 ~T; PARCEL. 2: E~CL~ AV~ ~ '~-~ TQ~ OF ~0~, COLO~o ~S ~ 03=2~00.E !2~,D0 STA~ OF COLO~O. I IIIIII IIIII IIIIII IIIII IIII IIII IIIIIIII III IIIIII III IIII 641214 11/19/2003 04:02P B1540 P182 H RLSDORF 10 oF 11R 56 00 D 0,00 GRRFZELD COUNTY CO m§o° Exhibit D Access and Utility Easement MA IN STREET 2-$T08y FRAME HOUSE LOi~ A 213 LOT B 0. 345 Aa UTI! ITY '1 ,I 11985 SF LEGAL DESCRiPTiON An 0ccess and ulil ly easement situated in Loi 3 of Sect' ' South, Range 88 WesT o£ the Otb Prln 'poi M~-'" Ion 34. Townsh) 7 Garfield County, Co , air .... ,Id~an, Town - , Iorado, and be~n~ m ........... of ~arbondaJe, P ~ .... ?urT~cularly aescrlbed os £oJlows: Beqinnin~ at the Northeast Corner of L~t B, First' Amendment to the P Ffer Su6divi~on Exeln~tio~ in said To.n of ~rner of Block ~9 in .;. · .... Farq°nda]e ,hence the [~ence ~ 03.39 O0 E 43 O0 t .... , ar??nd~le bears S 37°49'59~E 58? ~^ r Thence N 6j-56' i4~W ~ ;~ ~'~' uJong the casterJu k~.~4~_ - F--.uu Teet portion of sn~d'~ '~*~[ feet' fa fh~ Westerlu k~.~~""¥~y ~l~e ar said Lot B: bov~d~-v I ~J'; ~o. u: thence N 03"39'00" W I~o"TT"~"ry ~ ne or the Norther v ~ ""''9, co, nt~lnlnq 4902 sauar~ feet -,]] ,,rt.,of said Lot B to the I. $ILVI~ D~VI$ PITK)N COUNTY CO R 0.00 .+. SCALE 1"=30' --- CA~OLORADO L Z/NES /fl SPACE StD/V£Y LI~VT.?CO/~'/-- ( L.~ i4 i i i ) 489791 Page: 11 of 11