HomeMy WebLinkAboutresolution.council.007-18 RESOLUTION 4007
(Series of 2018)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING EASEMENTS BETWEEN THE CITY OF ASPEN AND COUNTY OF PITKIN
REGARDING THE POLICE DEPARTMENT AND THE PITKIN COUNTY SHERIFF AND
ADMINISTRATION FACILITY AUTHORIZING THE CITY MANAGER TO EXECUTE
SAID EASEMENTS ON BEHALF OF THE CITY OF ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council Easements for APD with
Pitkin County between the City of Aspen and Pitkin County, a true and accurate copy of which
is attached hereto as "Exhibit I" & "Exhibit 11".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO,
That the City Council of the City of Aspen hereby approves the Easements between
the City of Aspen and Pitkin County a copy of which is annexed hereto and incorporated
herein, and does hereby authorize the City Manager to execute said agreement on behalf of
the City of Aspen.
INTRODUCED, READ AND ADOPTED by the Cit Council of the City of Aspen on
the 8`h day of January,2018.
Ste Sk dron, Mayor
1, Linda Manning, duly appointed and acting City Clerk o certify that the foregoing is a
true and accurate copy of that resolution adopted by the City Co cil of the City of Aspen,
Colorado, at a meeting held on the 81h day of January, 2018.
i da Manning, City Clerk
ACCESS EASEMENT AGREEMENT
THIS ACCESS EASEMENT AGREE BNTU�eement" or "Access Easement") is
made and entered into this day of 2017 (the "Effective Date") by and
between the CITY OF ASPEN, COLORADO (the "Grantor" or "City") a Colorado municipal
corporation and home rule city whose address is 130 S.Galena,Aspen,CO 81611 and theBOARD
OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO ("Grantee" or
"County"), a body corporate and politic whose address is 123 Emma Road, Suite 106, Basalt,
Colorado 81621. Grantor and Grantee are sometimes referred to'collectively herein as the
"Parties."
RECITALS
WHEREAS, Grantee is the owner of certain real property known as Lot 1, Pitkin County
Center Subdivision (the "County Property"), which County Property is fully depicted on the
Second Amended Plat of Lot 1 Pitkin County Center Subdivision recorded in the real property
records in the Pitkin County Clerk and Recorder's Office at Reception No. 626213;
WHEREAS,Grantor is the owner of certain real propertyAocated in County of Pitkin,State
of Colorado a legal description of which is appended hereto as Exhibit A, also known as 540 East
Main Street,Aspen,Colorado 81611 (the "City Property");
WHEREAS,Grantee is constructing the Pitkin County Sheriff and Administration Facility
on the County Property (the "County Facility"), and Grantor is constructing the City of Aspen
Police Department Facility located on the City Property(the "City Facility");
WHEREAS, Grantor and Grantee entered into an Intergovernmental Agreement for the
Construction of the Pitkin County Sheriff and Administration Facility and the City of Aspen Police
Department Facility(the "IGA") dated November 10, 2016 wherein the Parties acknowledge the
intdrests of public safety and ongoing joint interdepartmental operations require certain access
agreements between County and City;
WHEREAS, Exhibit A to the IGA requires that City and County work together to,among
other things establish an access easement that allows Pitkin County Sheriff vehicles to pass-
through the parking garage of the City Facility at times when security,privacy, necessity(such as
a blockage to the Rio Grande exit), or similar considerations make utilization of the City Facility
parking garage necessary to access the County Facility; and
WHEREAS, by the execution of this Agreement, Grantor desires to convey to Grantee,
and Grantee desires to accept, a non-exclusive access easement for the purposes and on the terms
and conditions herein provided.
AGREEMENT
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, and in further consideration of terms, conditions, covenants and
mutual promises contained herein,the parties hereto agree as follows:
1111111110111 1N1111111111111111111
RECEPTIONM 644587,R:$83.00, D: $0.00
DOC CODE: EASEMENT
Pg 1 of 11,01/22/2018 at 12:37:47 PM
Janice K.Vos Caudill, Pitkin County, CO
I. Grant of Access Easement. Grantor does hereby grant and convey to Grantee, and
its successors and assigns forever, and Grantee hereby accepts a perpetual, non-exclusive access
easement ("the Access Easement") over, upon, and across, in and through the parking garage of
Grantor's City Facility, as depicted in Exhibit B. The purpose of the Access Easement is for the
ingress and egress of Pitkin County Sheriff vehicles (and other similar emergency vehicles)
through the parking garage of Grantor's Facility at times when security, privacy, necessity (such
as a blockage to the Rio Grande exit),or similar considerations make utilization of the City Facility
parking garage necessary to access the County Facility and other similar uses typical of an access
easement and otherwise consistent with this Agreement.
2. Use of Access Easement by Grantee. Grantee's use of the Access Easement shall
be for ingress and egress for all Pitkin County Sheriff vehicles (and other similar emergency
vehicles) through the parking garage of Grantor's Facility at times when security, privacy,
necessity(such as a blockage to the Rio Grande exit),or similar considerations make utilization of
the City Facility parking garage necessary to access the County Facility. Grantee agrees that no
vehicle shall be permitted to park, idle, or otherwise block the Access Easement in any manner
that would prevent emergency ingress or egress as provided herein. Grantee agrees that this access
is not a regular traffic route for the County or Sheriff and is only for the specific instances outlined
in this agreement, and will be used in accordance with the Alley Use Policy, attached hereto as
Exhibit C.
3. Use of Access Easement by Grantor. Grantor shall retain the right to use and enjoy
the Access Easement, including the right to construct utilities, so long as such use and enjoyment
do not interfere with the Grantee's rights hereunder and provided that Grantor shall not install or
allow and obstructions or permanent encroachments on the Easement Premises that unreasonably
interfere with the rights of the Grantor hereunder. Grantor agrees that no vehicle shall be permitted
to park,idle,or otherwise block the Access Easement in any manner that would prevent emergency
ingress or egress as provided herein.
4. Repairs Caused by Negligence. In the event, that any repairs to the Access
Easement, or improvements, landscaping, or utilities located thereon are caused solely by the
negligence of one party hereto or the patty's contractors, agents, licensees, employees, or guests,
then such repair shall be undertaken by such party at its sole cost and expense within a reasonable
time after the negligence which caused the need for the repair.
5. No Interference or Obstruction. Neither City nor County shall obstruct, impede or
interfere in the reasonable use of the Access Easement Area for the purposes described herein.
6. Notices. Any notice required or permitted under this Agreement shall be in writing
and shall be provided by electronic delivery to the e-mail addresses set forth below and by one of
the following methods: (1)hand-delivery or(2)registered or certified mail,postage pre-paid to the
mailing addresses set forth below. Each party by notice sent under this paragraph may change the
address to which future notices should be sent. Electronic delivery of notices shall be considered
delivered upon receipt of confirmation of delivery on the part of the sender. Nothing contained
herein shall be construed to preclude personal service of any notice in the manner prescribed for
personal service of a summons or other legal process.
To Grantor Pitkin County: With copies to:
County Manager Pitkin County Attorney's Office
123 Emma Rd., Suite 106 123 Emma Rd., Suite 204
Basalt, Colorado 81621 Basalt,Colorado 81621
Email: lon.peacock[a),pitkincounty.com Email: attomey(d.oitkincounty.com
To Grantee City of Aspen: With copies to:
City of Aspen City of Aspen Attorney's Office
City Manager 130 S. Galena
130 South Galena Street Aspen, Colorado 81611
Aspen,Colorado 81611
7. Liability to Others. Each party shall be responsible for any and all claims,demands,
actions, losses, liabilities, or expenses of whatever sort, including attorney fees, that are incurred
by any person or entity arising out of or in connection with such party's use or occupation of the
Access Easement, or the use or occupation of the Access Easement by its agents, employees,
contractors, lessees, invitees or licensees, provided, however, that nothing herein shall be
construed to abrogate or diminish any protections and limitations afforded to either party hereto
by the Colorado Governmental Immunity Act, C.R.S. §§ 24-10-101 et seq. as amended, or other
law. In the event that either party,or their respective elected officials,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 Access Easement, the obligations of each to respond in damages
shall be apportioned, as between Grantor and Grantee, in proportion to the contributions of each.
8. Binding Effect: Covenants Running with the Land. This Agreement shall be
binding upon and inure to the benefit of the parties hereto and their respective successors and
assigns forever and the benefits and burdens hereof shall constitute covenants running with the
title to the County Property and the City Property, respectively. Notwithstanding anything to the
contrary,this easement may be subject to existing easements of record or accruing under common
law.
9. Attorney Fees. 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 substantially prevailing party shall be entitled to recover costs incurred in pursuing such
remedies, including expert witness fees and reasonable attorney fees.
10. No Waiver of Governmental Immunity. Grantee and Grantor, its directors,
officials, officers, agents, and employees are relying upon and do not waive or abrogate,or intend
to waive or abrogate by any provision of this Agreement the monetary limitations or any other
rights, immunities,or protections afforded by the Colorado Governmental Immunities Act, C.R.S.
§§ 24-10-101, et seq., as it may be amended from time to time.
11. No Assignment Without Written Consent. Grantee shall not,without first obtaining
the prior written consent of Grantor, sell,assign, transfer,encumber,hypothecate,or sublease any
or all of the rights, interests, or obligations under this Agreement.
12. Entire Agreement. This Agreement constitutes the entire agreement and '
understanding between the parties relating to the subject matter hereof. All preceding
representations or agreements relating to the subject matter hereof, whether written or oral, are
hereby merged into this Agreement.
13. Modification. No provision or term of this Agreement may be amended,modified,
revoked, supplemented, waived, or otherwise changed except by a written instrument duly
executed by the parties hereto or the parties' successors and/or assigns.
14. Severability. If any term or provision of this Agreement shall be held to be invalid
or unenforceable by a Court with competent jurisdiction or by operation of statute,the remaining
terms and provisions of this Agreement shall continue to exist and shall be valid and enforceable
to the fullest extent permitted by law.
15. Waiver. Any waiver by either party hereto of any breach of any kind or character
whatsoever by the other party, whether such shall be direct or implied, shall not be construed as a
continuing waiver of or consent to any subsequent breach of this Agreement on the part of the
other party.
16. Default. Either party shall have the right to enforce the obligations of performance
of the other party as contained herein through litigation seeking an award of damages or injunctive
relief.
17. Counterparts. This Agreement may be executed in counter-parts and, as executed,
shall constitute one agreement, binding on all of the parties hereto notwithstanding that all said
partes are not signatory to the original or same counterpart.
18. Governing Law and Venue. This Agreement shall be governed 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.
19. Recordation. Upon execution by the parties, this Agreement shall be recorded in
the real estate records of Pitkin County, Colorado.
20. Authority to Sign. The parties acknowledge and represent to each other that all
procedures necessary to validly contract and execute this Agreement have been performe8 and that
the persons signing for each party have been duly authorized to do so.
[Signature Page(s)Follow]
IN WITNESS WHEREOF,the parties hereto have hereunto set their hands and seals as
of the day and year fust above written.
BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY
By: 2 1' •t
George Newman,Chair
APP4ich 'Y
RM:
By:
e 1, Assistant County Attorney
STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
The foregoing was c� mwledged(swom)before me this . P, day of
2017 by Chair of the Board of County Commissioners of Pt in ounty.
fitness t11jy official seal
My commission expires:
iISA MACDONALD
Notery Public
Stato ,VC Colorado N b
Notery M#19924016259
M Co lesion ExIrse 11.19.2020
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals as
of the day and year first above written.
CITY OF ASPEN COLO , a municipal corporation
By:
Steven Skadro ,Mayor
Attest:
L a Manning,bty Clerk
APPROVED AS TO FORM:
jmfi-es R. True, City Attorney
STATE OF COLORADO )
)ss.
COUNTY OF PITKIN )
Subsc ' ed< d sworn to before me this L day of Q by
� as of City of As ,Colorado, a Colorado
municipal corporation.
Witaess my hand and official seal.
My commission ex i.l.. __j q7z t f
ML
L. NELSON
NOTARY PUBLIC
STATE OF COLORADO
l
NOTARY ID#20014030017
MyCanoriwcnEomSBp*nber25,2021 NoaryPubliC
Exhibits
Exhibit A: Legal description of City Property
Exhibit B: Map showing location and route of the Access Easement
Exhibit C: Alley Use Policy
EXHIBIT "A"
LEGAL DESCRIPTION
A parcel of lard In the East Aspen Additional Townie according to the Plat thereof recorded as Document No.108453.
Ditch Book 2A at Pepe 252 of the Real Eeete records of Pitkin County.Colorado,being a portion of that parcel of land
conveyed by Mayor's Deed recorded as Recepbon No.109112 described as follows:
Beginning at a point on the Northerly right of way Ore for East Main Street being the Southwest corner of that parcel of
lard conveyed in Book 191 at Pape 186 and whence the Southwest corner W Block 20 East Aspen Additional Towreite
bears S 75°08'11'E 5.19 feet;
theme N 75'09'11'W 88.81 feet along the Northerly right of way Igoe for Fast Main Street to the Southeast comer of Block
19,East Aspen Additional Townie;
thence N 75°08'11'W 22.59 feet along the Southerly line of Lot 10,Block 19,East Aspen Additional Townite to the
Southeast comm of that parcel of land conveyed by Book 197 at Page 188;
thence N 14650'49'E 100.00 feet along the Easterly line of said Book 107 at Page 186 to the Northerly line of Lot 10,
Block 19,East Aspen Additional Townie;
thence N 750 I V W 7.6 test to the Northwest corner of said Lot 10,Block 19,East Aspen Additional Towratte;
thence N 75'09'11'W 10.09 feet along the South lire of said Lot 9 to the Southeast corner of that parcel of land conveyed
in Book 119 at Page 126;
0wce N 14°50'49'£186.03 feel along the Eestmy line of said Book 119 at Page 128 to a No.5 rebar in place;
thence 8 6105OW E 24.43 feet to the Northwest comer of that parcel of land conveyed by Book 191 at Page lee;
thence S 19049'E 138.83 fent along the Westerly On of said Book 191 at Page 186;
thence S 04°08'W 67.55 feet along the Westerly line of said Book 119 at Page 188 to the Southwest comer of Lot 1,Block
20,Fast Aspen Additional Townste;
thence S 17°09'11 W 120.50 feet Wong to Weatety lin of said Book 119 at Page 186 to the point of beginning. -
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EXHIBIT B
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EXHIBIT C
Aspen Police I/eparttnent - Alley Use Policy
Phis Alley Policy is made this_2h day of Au!ttu, 2016, by the City of Aspen Police
Department("APD-1.
The APD.Obcrtncye Place Condominium Association and Concept 6(K)Condominium
Association("the Partics-1 share an alley located to the Korth of the 6011 block of E. `lain Street
which is generally used by the Pattieb titer do purpobc(if vehicular and pedestrian access to thea
respective properties, The alley is heated in the area identified in the attached Exhibit A (the
"Alley'1. The Alley is a pan of ilio City of Aspen street-;network and is comidetcil a public
right-of-way.
('600 and Obernhcyrr are mixed use(residcntial'commercial►building's that include
approximately 90 residential units along the .Alloy whose residents arc impacted by vehicular
traffic within the Alley,including round. light and congestion.
Due to construction of a new ptdice facility and parking garage at the west end of the
Alley,the Parties anticipate the potential I'm inctcased use of the Alley from the ATI)by police
vehicle:
APD acknowledge that any increase in alley use may result in greater potential for
disturbance to the occupants of C600 and Ohcrnneyer units along the Alley, including noise.
txnngestion,conflicts with parking and access, delivery of goods and services from the Alley,and
other negative impacts to all Panics. This folic; is intended to sere as a basis for APD vehicle
use to reduce these rhtolcutial impacts.
The API)enters into this Alley Policy in good faith, with an ongoing intent to serve the
foregoing intctrsts and practices as established hcwin. This Alley Policy shalt be implemented
by APD for guidance tin standard police practice. As such. it will not he binding ifoperautytal
clficicncy dictates changes.anti it is not binding as to any tuturc use of the cast entrance to the
APD below-grade parking garage Howc%ei, any changes d)this Alley Policy and the practices
established herein will be made available in ad%ance tnr review,discussion and comments by
designated representatives rrfC(-All)and Uherntcycr prior to implementation. livery cli'ort will be
made to maintain the interests and practices set forth herein.
I
i
t
Exhibit 2
The lullowing practices are herchy cstahlishcd by API) under this Alley Pohc%
Routine,mm<mergency tral)ic in anti out of tate Aspen Police I)epaitmeu below-grade
garage will he mulcd through the northern entrance of itis parking garage and not through tiic
Alley. Traffic in and out of the c.cst entrance to the parking garage and through the Alley will be
restricted, avid will be reserved fur use under the lullowing camditioni.
1. limned emergency response situationi as dictateJ by exigent circumstances.
?.When the north entrance to the garage is blocked for in nr out-bound traffic.
When use of the Alley by API) is required,speeds within the alley will be limited to a
maximum of 10 mph. APD sehule sirens will out be used iu the Alley. During ernergency
responses,APD vehicle sirens will not he operated.unless warranted by Ute situation,until a
patrol vehicle exits the Alley onto Spring Street. avid any active siren will be silenced wise the
vehicle enter the Alley from Spring Street. Lights may he flashing as judged appropriate and
neeessary by the APD. Signage to reinforce restricted exiting to the alley,spexl limit.light and
siren usage will he placed inside the APD garage to communicate the requirements of this Alley
Use Policy to APD staff:
The Alley design at the APD garage entrance will feature a pcdcntnan warning system
(atieh as a low-key strobe light),activated by the garage door to give a sisihle warning of traffic
exiling the garage to pedestrians on the pedestrian walkway/ramp. Tlic warning system will be
designed with the input from(Mvmcycv and 0600 and he designed in minimize any light or
noise disturbance to unit owners along the alley. The Cti00 garage exit will also Ix installed with
a vehicle warning light at the garage exit that is ucceptahle to C600 in terms of function and
form.
In addition,The City Streets Department will inoall and maintain signage at the Alley's
east entrance indicating that die Alley is ror "Local if ullic and Police vehicles tinly',.
� t
Activity during construsaion of APD wilt he delailcd in a Construction Management Plan
which is subject to notification of neighbors and i., not covered by this Alley Use Policy.
kXGCUTL'D as of the slate first written aht.ve
Aspen Police Department
By Richard Pryor.(Iris(of Police
LOT LINE EASEMENT AGREEMENT
THIS LOT LINE EASEMENT AGREEMENT ("Agreement") is made and entered into
thisQ&P&y of�Di�2017 (the"Effective Date") by and between the BOARD OF
COUNTY COMMISSIONERS OF PITKIN COUNTY,COLORADO("Grantor"or"County"),a
body corporate and politic whose address is 123 Emma Road, Suite 106, Basalt,Colorado 81621
and the CITY OF ASPEN, COLORADO (the "Grantee" or "City") a Colorado municipal
corporation and home rule city whose address is 130 S. Galena, Aspen, CO 81611. Grantor and
Grantee are sometimes referred to collectively herein as the"Parties."
RECITALS
WHEREAS, Grantor is the owner of certain real property known as Lot 1, Pitkin County
Center Subdivision (the "County Property"), which County Property is fully depicted on the
Second Amended Plat of Lot 1 Pitkin County Center Subdivision recorded in the real property
records in the Pitkin County Clerk and Recorder's Office at Reception No. 626213,also known as
530 East Main St. Aspen Colorado, 81611 (the "County Property"); and
WHEREAS,Grantee is the owner of certain real property located in County of Pitkin,State
of Colorado a legal description of which is appended hereto as Exhibit A,also known as 540 East
Main Street,Aspen,Colorado 81611 (the "City Property"); and
WHEREAS,Grantor is constructing the Pitkin County Sheriff and Administration Facility
("County Facility") on the County Property,and Grantee is constructing the City of Aspen Police
Department Facility ("City Facility") located on the City Property (collectively the "Projects");
and
WHEREAS, Grantor and Grantee share a common lot line between the County Property
and the City Property;
WHEREAS, Grantor and Grantee entered into an Intergovernmental Agreement for the
Construction of the Pitkin County Sheriff and Administration Facility and the City of Aspen Police
Department Facility dated November 10,2016 (the"IGA"),wherein the Parties acknowledge that
it is mutually beneficial to enclose the lot line separation in the location of and between the Projects
by constructing "false fronts" and a roof connection between the two buildings (the "Lot Line
Improvements"); and
WHEREAS, in order to construct the Lot Line Improvements, Grantee,requires an
easement from Grantor; and
WHEREAS, Grantor and Grantee understand and agree that the Lot Line Improvements
may cause snow, ice, rain, or other materials that collect or accumulate on the Lot Line
Improvements to be directed or otherwise transported from the connection between the two
buildings onto the adjacent County Property and/or City Property and the buildings being
constructed thereon; and
IIIIINpNIIIIIIIN�NIII�IIIR�INI III INIUNIHNq�IINgIIIIIIN
RECEPTIONM 604688, R: $63.00, D: $0.00
DOC CODE: EASEMENT
] Pg 1 of 11,01/22/2018 at 12:37:48 PM
Janice K. Vos Caudill, Pitkin County, CO
WHEREAS, during the course of construction of the City Facility, it was discovered that
the south wing-wall of the City Facility was constructed in a location that minimally encroaches
onto the County Property in the location of the common lot line; and
WHEREAS, in order to maintain the south wing-wall encroachment on the County
Property, Grantee requires and easement from Grantor; and
WHEREAS, by the execution of this Agreement, Grantor desires to convey to Grantee,
and Grantee desires to accept,a lot line easement on the County Property for the purposes and on
the terms and conditions herein provided.
AGREEMENT
NOW, 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 Grantee,and Grantee
hereby accepts, a perpetual non-exclusive lot line easement (the "Lot Line Easement" or
"Easement") in the area depicted in Exhibit B and labeled "Encroachment License,"and further
described in Exhibit C for the purposes of installing and maintaining the Lot Line Improvements
on the County Property as well as the south wing-wall encroachment on the County Property as
shown on Exhibit D. This grant of easement shall run with the land of the County Property for
the benefit of Grantee, and shall be binding upon and inure to the benefit of Grantee, and its
successors and assigns.
2. Construction and Repair.of Lot Line Improvements. Grantor and Grantee shall
share in the cost and responsibility for construction and repair of the Lot Line Improvements as
set forth and approved in Exhibit A to the Intergovernmental Agreement for the Construction of
the Pitkin County Sheriff and Administration Facility and City of Aspen Police Department
Facility, Paragraph 5. Lot Line Building Connection and Maintenance, which Paragraph 5 is
expressly incorporated herein by reference.
3. Use and Maintenance of Easement Premises by Grantee. During construction,
Grantee's agents,employees,contractors and other designated persons may go upon the Easement
at all reasonable times to perform construction activities associated with the Lot Line
Improvements. After construction of the Lot Line Improvements has been completed, Grantor
shall have the sole responsibility to conduct routine maintenance of those portions of the Lot Line
Improvements located on or above County Property. Notwithstanding the foregoing,the City may
go upon the Easement premises at any time in the event of any emergency situation or condition,
and undertake such repair or replacement activities as it deems necessary to properly resolve the
emergency situation.
4. Use and Maintenance of Easement Premises by Grantor. Grantor shall retain the
right to use Itud enjoy the County Property, including the Easement prpmises, so long as such use
and enjoyment do not interfere with the Grantee's rights hereunder. After construction of the Lot
Line Improvements has been completed, Grantor shall have the sole responsibility to conduct
routine maintenance of those portions of the Lot Line Improvements located on or above County
2
Property.
5. 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 premises, or the use or occupation the Easement premises 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 Grantee by the Colorado
Governmental Immunity Act,C.R.S. § 24-10-101 et seq. as amended, or other law. In the event
the Grantee 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 premises, 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.
6. Notices. Any notice required or permitted under this Agreement shall be in writing
and shall be hand-delivered or sent by registered or certified regular mail,postage pre-paid to the
addresses of the parties as follows. Each party by notice sent under this paragraph may change the
address to which future notices should be sent. Electronic delivery of notices shall also be deemed
sufficient and considered delivered upon receipt of confirmation of delivery on the part of the
sender.
To Grantor Pitkin County: With copies to:
County Manager Pitkin County Attorney's Office
123 Emma Rd., Suite 106 123 Emma Rd., Suite 204
Basalt,Colorado 81621 Basalt,Colorado 81621
Email: ion.oeacock(a)pitkincounty.com Email: attomeyapitkincountYcom
To Grantee City of Aspen: With copies to:
City of Aspen City of Aspen Attorney's Office
City Manager 130 South Galena
130 South Galena Street Aspen, Colorado 81611
Aspen,Colorado 81611
7. Binding. Agreement - Recording. This Agreement is binding upon the parties
hereto, their successors and assigns, and any sale of the County 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 County
Property. Deeds to subsequent owners of the County Property shall provide notice of this
Agreement and the obligations contained herein.
8. Governing Caw: Venue: Attorney 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
3
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 attorney fees.
9. No Waiver of Governmental Immunity. Grantee and Grantor, its directors,
officials,officers,agents, and employees are relying upon and do not waive or abrogate,or intend
to waive or abrogate by any provision of this Agreement the monetary limitations or any other
rights, immunities,or protections afforded by the Colorado Governmental Immunities Act,C.R.S.
§§ 24-10-101, et seg.,as it may be amended from time to time.
10. No Assignment Without Written Consent. Grantee shall not,without first obtaining
the prior written consent of Grantor,sell,assign,transfer,encumber,hypothecate,or sublease any
or all of the rights, interests,or obligations under this Agreement.
11. Entire Agreement. This Agreement constitutes the entire agreement and
understanding between the parties relating to the subject matter hereof. All preceding
representations or agreements relating to the subject matter hereof, whether written or oral, are
hereby merged into this Agreement.
12. Modification. No provision or term of this Agreement may be amended,modified,
revoked, supplemented, waived, or otherwise changed except by a written instrument duly
executed by the parties hereto or the parties' successors and/or assigns.
13. Severability. If any term or provision of this Agreement shall be held to be invalid
or unenforceable by a Court with competent jurisdiction or by operation of statute, the remaining
terms and provisions of this Agreement shall continue to exist and shall be valid and enforceable
to the fullest extent permitted by law.
14. Waiver. Any waiver by either party hereto of any breach of any kind or character
whatsoever by ter party, whether such shall be direct or implied,shallnotbe construed as a
continuing waiver of or consent to any subsequent breach of this Agreement on the part of the
other party.
15. Default. Either party shall have the right to enforce the obligations of performance
of the other party as contained herein through litigation seeking an award of damages or injunctive
relief.
16. 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.
17. 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(s) Follow]
4
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals as
of the day and year first above written.
BOARD OF COUNTY COMMISSIONERS OF PITRIN COUNTY
By: UW!, (Ah)
George Newman, Chair
APPROV TO FORM:
By:
Richar et ey Ili, Assistant County Attorney
STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
The foregoing was 'ledged(swom)before me this_ day of
2017 by Mr f the Board of County Commissioners of Pitkin County.
Witness my, and official seal
My commission expires: ' i
LMLISA MACDOHALO
Notary Public
State Of Colorado
Notery,D119924016259
Commlaalon ExPif0t 11-18.2020
N Pub11
� t
5
IN WITNESS WHEREOF,the parties hereto have hereunto set their hands and seals as of
the day and year fust above written.
CITY OF A E ,C LOMDO, a municipal corporation
B :mc
Steven Skadron Mayor
Att t ,
C
Lin a Manning, City Clerk
APPROVED AS TO FORM:
O_
dimes R. True,City Attorney
STATE OF COLORADO )
)ss.
COUNTY OF PITKIN ) 'I I ., A
S 'b ands om to b f th' day of A (�+�� by
1�9 as of City of Aspen, olorado, a Colorado
municipal corporation.
Witness my hand and official seal.
My cormnission expires:
TNELSON
NOT
NOTARR Y PUBLIC
STATE OF COLORADO
NOTARY ID#20014030017 Notary Public .
My Comm=an Exphw September 25,2021
6
Attachments:
Exhibit A: Legal description of City Property
7
EXHIBIT "A"
LEGAL DESCRIPTION
A parch of land in the East Aspen Additional Towmits according to the Plat Ithered recorded as Document No.108453, .
Ditch Book 2A at Page 252 of the Real Estate records of Pitkin Count'.Colorado,being a portion of that parcel of land
conveyed by Mayor's Dead recorded as Reception No.109112 described as fdkwa:
Beginning at a point on the Northerly rWt of way Ike br Fast Maki Sued being the Souftmat corner d that parcel of
land conveyed In Book 191 at Page 189 and whence the BehAtrw9at comer of Block 20 East Aspen Additional Townsft
bears S 75'09'11'E 5.19 feel:
thence N 75°09'11'W 69.91 feet along the Northerly right of way line for East Main Street to the Southeast comer of Block
19,East Aspen Additional Townsb;
thence N 76'08'11'W 22.68 fest along the SohN"One of lot 10.Block 19,East Aspen Additional Townsam b five
Soutesst corner of that parcel of tared conveyed by Book 197 al Page 166;
thence N 14'5 AW E 100.00 feel Wong the Easterly line of said Book 197 at Page 166 to the Nontorly him of Lot 10,
Block 19,East Aspen Additional Towne4e;
thence N 75b9'11'W 7.6 bet to the Northwest corner of said Lot 10,Block 19,East Aspen Additional Tovm mite;
dance N 7509'11'W 10.09 bel along the South line of said ld 9 to the Soutoast corner of that parcel of land conveyed
in Book 119 at Page 128;
thence N 14°60'49'E 186.03 fed Wong do Easterly line of add Book 119 et Page 126 to a No.5 MW In place;
tfonce 8 61°50'02'E 24.43 bel to the NaNlwest corner of hid parcel of land conveyed by Book 191 at Page 186;
thence S 19.49'E 138.63 feel Wong 1M Westerly Ike of said Body 191 at Page 186;
thence S 04006'W 67.55 fad along the Westerly line of said Book 119 at Page 186 to the Sou cost corner of Lot 1,Book
20,Eat Aspen Additional TowmAe;
thence S 17WI IW 120.50 fed Wong the Westerly line of said Book 119 at Page 186 to the point of beginning.
1 1
10/011"12 t2i47P
at 0 6.64
472656
. i IWI Ie ntirla tahlhTV to
Exh ib it LINE TABLE-
LINE S BEARING DISTANCE
! - Lt S14-50'49-W 1867'
n aL2 N75'09'11-n' 315'
t r
L3 N'aW49E 81.33"
'La SIS'P711-E S.a5'
n fe Y k 1 ) } y x LS S14'50•+9'w BI 33
e \
) i•
• c:16'.
Lott
SEM AMENDED PLAT OF L01 I / PS%t.N. :: F12!1
PITT M COIMIY conal SIB mom
(MT 8000 It.%PACE A)
v In 2731-073-47-051
aro[ P10PN OMMTT -
030 E YIN Saw/302
ASPEM,0)01611
ENCROACHMENT LICE NSE
281 SQ F11 a LA
d
0006AC t f1j \ ) - fc1 �
cNu1
BLDG L3
vF trta.
N �
1O ILV 1;.M USE nN�
a *!IRgIT F F'�ASL UP„O mm 1 1
t.R 8- +. F.� Feil :rli
L2
b�\� ' `'R• Point of �� !
Ll
l Moir)S
Z �-
R - LEGEND - DOMX.cooper ,
qq Cob.Req.E.L.S.t 79030
Twp P• -I F. for,and on
behalf M SGM
0 37 80'
S
�SGMLot 1,2nd Amended �, '° sti
i��.....sr t..m Pitkin Counly Cenlef Sub Fnuoach xhibIent l Map 2
Aspen,CO '^' u_I Exhibit E><hibd Mop o 2
Exhibit C
ENCROACHMENT LICENSE DESCRIPTION
An encroachment license situated within Lot 1, Second Amended Plat of Lot 1, Pitkin
County Center Subdivision, City of Aspen, County of Pitkin, State of Colorado, as
shown an the Plot thereof, recorded In Plat Book 113 at Page 39 of the Pitkin
County records, said easement being more fully described as follows:
Beginning at the Easterly line of sold Lot 1, from which the Southeast Comer of said
Lot 1 bears S 14'50'49" W o distance of 18.67 feet;
thence N 750911' W a distance of 3.45 feet;
thence N 1450'49' E a distance of 81.33 feel to the Easterly Line of said Lot 1;
thence S 7509'11* E long said Easterly line, a distance of 3.45 feet to an angle
point at the Easterly line of sold Lot 1;
thence S 14'5649' W along said Easterly line, a distance of 81.33 feet to the point
of beginning. said encroachment license containing 0.006 acres (281 square feel),
more or less.
s 1
pG Fy
Dated A.Cooper C
Cob.Rep.P.L.S.i 29030 ;)
For,and on o t Q9030 ,o
behaA of SGM
NAi tpNC
8
a
R
2 �MLot 1, 2nd Amended Encroachment License
w sN.
�7V 1-1 Pitkin County Cenler Sub
Exhibit Description
Aspen,CO 2
r...e pen u
EXHIBIT MAP OF:
EXHIBIT D ASPEN POLICE DEPT. BUILDING
CITY AND TOWNSITE OF ASPEN,COUNTY OF PITKIN,STATE OF COLORADO.
SHEET I OF 1
PROPERTY LINE
BETWEEN COUNTY BUILDING
AND ASPEN POLICE DEPT.BUILDING -
0.16'DISTANCE OF APD PILASTER
WESTERLY EXTENT OF APD PILASTER WITHIN APD PROPERLY
0.04'DISTANCE OF APD PILASTER
WITHIN APD PROPERTY
C.S4'DISTANCE OF COUNTY BUILDING
WITHIN COUNTY PROPERTY
EASTERLY EXTENT OF -
COUNTY BUILDING
0.06'DISTANCE OF APD PILASTER SCALE 1" = 20'
ENCROACHING ONTO COUNTY PROPERTY
1 1
WESTERLY EXTENT OF APD PILASTER
NOTES
1) FIELDWORK WAS PERFORMED ON JULY 24,2017.
2) FOOTERS WERE BACKFILLED AT THE TIME OF SURVEY.
3) DUE TO SITE CONSTRAINTS,ONLY THE EXTENTS OF EACH BUILDING COULD BE LOCATED.
NOTICE: ACCORDING TO COLORADO LAW YOU MUST
COMMENCE ANY LEGAL ACTION BASED UPON ANY SOPRIS ENGINEERING - LLC
DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER CIVIL CONSULTANTS
YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY
ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY 502 MAIN STREET,SUITE A3
BE COMMENCED MORE THAN TEN YEARS FROM THE CARBONDALE,COLORADO 81623
DATE OF CERTIFICATION SHOWN HEREON. (970)7040311 SOPRISENG@SOPRISENG.COM 416238GRK7/25/20171623807-24-17.dwg
IIRlIIIIIIIIHII INmilli NIIN1111111 �RIIIINi
RECEPTIONM 844589, R: $88.00,D: $0.00
DOC CODE: EASEMENT
P9 1 or 12,01/22/2018 at 12:37:49 PM
Janice K.Vas Caudill. Pitkin County, CO
ACCESS AND UTILITY EASEMENT AGREEMENT
THIS ACCESSAND UTIJ^Y EASEMENT AGREEMENT("Agreement") is made and
entered into this_,:20day o 2017 (the"Effective Date")by and between the
BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO("Grantor"or
"County"), a body corporate and politic whose address is 123 Emma Road, Suite 106, Basalt,
Colorado 81621 and the CITY OF ASPEN, COLORADO (the "Grantee" or"City") a Colorado
municipal corporation and home rule city whose address is 130 S. Galena, Aspen, CO 81611.
Grantor and Grantee are sometimes referred to collectively herein as the"Parties."
RECITALS
WHEREAS, Grantor is the owner of certain real property known as Lot 1, Pitkin County
Center Subdivision (the "County Property"), which County Property is fully depicted on the
Second Amended Plat of Lot 1 Pitkin County Center Subdivision recorded in the real property
records in the Pitkin County Clerk and Recorder's Office at Reception No. 626213;
WHEREAS,Grantee is the owner of certain real property located in County of Pitkin,State
of Colorado a legal description of which is appended hereto as Exhibit C, also known as 540 East
Main Street,Aspen,Colorado 81611 (the "City Property");
WHEREAS,Grantor is constructing the Pitkin County Sheriff and Administration Facility
on the County Property, and Grantee is constructing the City of Aspen Police Department Facility
located on the City Property;
WHEREAS, Grantor and Grantee entered into an Intergovernmental Agreement for the
Construction of the Pitkin County Sheriff and Administration Facility and the City of Aspen Police
Department Facility(the "IGA')dated November 10, 2016 wherein the Parties acknowledge the
interests of public safety and ongoing joint interdepartmental operations require certain access
agreements between County andiCity; t
WHEREAS, Exhibit A to the IGA requires that City and County work together to,among
other things establish an access easement for use by the City for approximately 75 feet along the
northwestern edge of the Aspen Police Department site;
WHEREAS, the City also requires an easement in the same area along the northwestern
edge of the Aspen Police Department for the excavation, construction, installation, use,
maintenance,operation,and replacement of fiber optic utilities,sanitary sewer service line, storm
sewer line,gas line,foundation drain,and other associated utilities and infrastructure;
WHEREAS, by the execution of this Agreement, Grantor desires to convey to Grantee,
and Grantee desires to accept, a non-exclusive access and utility easement across the County
Property for the purposes and on the terms and conditions herein provided.
AGREEMENT
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged,and in further consideration of terms,conditions,covenants and
t
mutual promises contained herein,the parties hereto agree as follows:
1. Grant of Access and Utility Easement. Grantor does hereby grant and convey to
Grantee, and its successors and assigns forever, and Grantee hereby accepts a perpetual, non-
exclusive access and utilityeasement("the Access and Utility Easement")as described on Exhibit
A over, upon, and across, in and through Grantor's Property in the location depicted on Exhibit
B. Exhibit A and Exhibit B are appended hereto and incorporated and made a part of this
Agreement. The purpose of the Access and Utility Easement is for the ingress and egress of City
police vehicles(and other similar emergency vehicles), maintenance vehicles, and trash vehicles,
and to allow for the City of Aspen Employee Housing windows on the northwest section of the
City property to open over the City property line into the Easement Area, and other similar uses
typical of an access easement and otherwise consistent with this Agreement, and for the
excavation, construction, installation, maintenance, operation, use, repair, and replacement of the
City's fiber optic utility, sanitary sewer service line, storm sewer line, foundation drain, and gas
service utilities and as associated facilities.
The Access and Utility Easement includes the following described Easement Area:
an approximately 2,955 square foot area along the North side of the County Property,
designated in Exhibit B as"Access and Utility Easement."
The location of the Easement Area is shown on Exhibit B. A legal description of the Easement
Area is attached as Exhibit A. A utility plan depicting the City's utilities is attached as Exhibit
D.
2. Use of Access and Utility Easement by Grantee. Grantee's use of the Access and
Utility Easement shall be for ingress and egress for all City of Aspen police vehicles,maintenance
vehicles, and trash vehicles and to allow for City of Aspen Employee Housing windows on the
northwest section of the City property to open over the City property line into the Easement Area,
and similar uses typical of an access'easement, and for the excavation, construction, installatidh,
maintenance, operation, use, repair, and replacement of the City's fiber optic, sanitary sewer
service,storm sewer,foundation drain,and gas service utilities and associated facilities. Grantee'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 City's utilities.
Grantee shall not relocate existing or construct new utilities and improvements within the
Access and Utility Easement without first obtaining Grantor's approval of Grantee's proposed
construction plans for any construction or relocations, such approval shall not be unreasonably
withheld. Notwithstanding the foregoing,the City may go upon the Easement Area at any time in
the event of any emergency situation and undertake such repair or replacement activities as it
reasonably deems necessary to properly resolve the emergency situation. After the exercise of its
rights.hereunder, the City shall restore the surface of the ground to its former condition and
contour. Grantee shall be solely responsible for the cost to construct, maintain, or relocate utility
improvements in the location of the Access and Utility Easement unless otherwise provided in �
separate agreement between the Parties.
Grantee agrees that no vehicle shall be permitted to pant, idle, or otherwise block the
Access Easement in any manner that would prevent emergency ingress or egress as provided
2
herein.
3. i Tc,a of Access and Utility Easement by Grantor. Grantor shall retain the right to
use and enjoy the Access and Utility Easement, including the right to construct utilities,so long as
such use and enjoyment do not interfere with the Grantee's rights hereunder and provided that
Grantor shall not install or allow and obstructions or permanent encroachments on the Easement
Area that unreasonably interfere with the rights of the City hereunder.. Grantor agrees that no
vehicle shall be permitted to park,idle,or otherwise block the Access and Utility Easement in any
manner that would prevent emergency ingress or egress as provided herein.
In the event Grantor discovers an emergency condition pertaining to the City's utilities located on,
over,in or through the Easement Area,Grantor shall make reasonable attempts to promptly notify
the City of such condition.
4. Road and Other hnprovements. The roadway within the Access and Utility
Easement may be improved to whatever level may be lawfully allowed to serve the uses of Grantor
or Grantee. Grantee may perform such road improvements from time to time as mutually agreed
by the Parties and upon the terms and conditions agreed to by the Parties.
5. Road Maintenance and Snow Plowine. Grantee may perform such snow plowing,
road maintenance, and road repair from time to time, as mutually agreed by the Parties.
Notwithstanding the foregoing,Grantee may go upon the Access and Utility Easement at any time
to respond to an emergency situation or condition, and undertake any repair or maintenance
activities as it deems necessary to properly resolve the emergency situation. Grantee shall not be
required to plow, maintain, or repair, or to contribute to the cost of plowing, maintaining, or
repairing the Access and Utility Easement by virtue of this Agreement unless otherwise provided
in a separate agreement between the Parties, except Grantee shall maintain the Access Easement
in a clean and attractive manner, free and clear of any trash or unsightliness.
t 6. Repairs Caused by Neeligence. In trhe event that any repairs to the Access and r
Utility Easement, or improvements, landscaping, or utilities located thereon are caused solely by
the negligence of one party hereto or the party's contractors, agents, licensees, employees, or
guests, then such repair shall be undertaken by such party at its sole cost and expense within a
reasonable time after the negligence which caused the need for the repair.
7. No Interference or Obstruction. Neither City nor County shall obstruct, impede or
interfere in the reasonable use of the Access and Utility Easement Area for the purposes described
herein.
S. Notices. Any notice required or permitted under this Agreement shall be in writing
and shall be hand-delivered or sent by registered or certified regular mail,postage pre-paid to the
addresses of the parties as follows. Each party by notice sent under this paragraph may change the
address to which future notices should be sent. Electronic delivery of notices shall also be deemed
sufficient and considered delivered upon receipt of confirmation of delivery on the part of the
0 sender.
3
To Grantor Pitkin County: With copies to:
County Manager Pitkin County Attorney's Office
123 Emma Rd., Suite 106 123 Emma Rd., Suite 204
Basalt,Colorado 81621 Basalt, Colorado 81621
Email: ion.peacock@pitkincounty.com Email: attorney itkincountv.com
To Grantee City of Aspen: With copies to:
City of Aspen City of Aspen Attorney's Office
City Manager 130 S. Galena
130 South Galena Street Aspen, Colorado 81611
Aspen,Colorado 81611
9. Liability to Others. Each party shall be responsible for any and all claims,demands,
actions, losses, liabilities, or expenses of whatever sort, including attorney fees, that are incurred
by any person or entity arising out of or in connection with such party's use or occupation of the
Access and Utility Easement, or the use or occupation of the Access and Utility Easement by its
agents, employees, contractors, lessees, invitees or licensees, provided, however, that nothing
herein shall be construed to abrogate or diminish any protections and limitations afforded to either
party hereto by the Colorado Governmental Immunity Act, C.R.S. §§24-10-101 et seq. as
amended,or other law. In the event that either party,or their respective elected officials, 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 Access and Utility Easement,the obligations
of each to respond in damages shall be apportioned,as between Grantor and Grantee,in proportion
to the contributions of each.
10. Binding Effect: Covenants Running with the Land. This Agreement shall be
binding upon and inure to the benefit of the parties hereto and their respective successors and
assigni forever and the benefits and burdens hereof shall constitute covenants running with the
title to the County Property and the City Property, respectively. Notwithstanding anything to the
contrary,this easement may be subject to existing easements of record or accruing under common
law.
11. Attorney Fees. 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 substantially prevailing party shall be entitled to recover costs incurred in pursuing such
remedies, including expert witness fees and reasonable attorney fees.
12. No Waiver of Governmental Immunity. Grantee and Grantor, its directors,
officials,officers,agents, and employees are relying upon and do not waive or abrogate,or intend
to waive or abrogate by any provision of this Agreement the monetary limitations or any other
rights,immunities,or protections afforded by the Colorado Governmental Immunities Act,C.R.S.
§§ 24-10-101, et seq., as it may be amended from time to time.
e �
13. No Assignment Without Written Consent. Grantee shall not,without first obtaining
the prior written consent of Grantor,sell, assign,transfer, encumber,hypothecate,or sublease any
or all of the rights, interests, or obligations under this Agreement.
4
14. Entire Agreement. This Agreement constitutes the entire agreement and
understanding between the parties relating to the subject matter hereof. All preceding
representations or agreements relating to the subject matter hereof, whether written or oral, are
hereby merged into this Agreement.
15. Modification. No provision or term of this Agreement maybe amended,modified,
revoked, supplemented, waived, or otherwise changed except by a written instrument duly '
executed by the parties hereto or the parties' successors and/or assigns.
16. Severability. If any term or provision of this Agreement shall be held to be invalid
or unenforceable by a Court with competent jurisdiction or by operation of statute, the remaining
terms and provisions of this Agreement shall continue to exist and shall be valid and enforceable
to the fullest extent permitted by law.
17. Waiver. Any waiver by either party hereto of any breach of any kind or character
whatsoever by the other party,whether such shall be direct or implied, shall not be construed as a
continuing waiver of or consent to any subsequent breach of this Agreement on the part of the
other party.
18. Default. Either party shall have the right to enforce the obligations of performance
of the other party as contained herein through litigation seeking an award of damages or injunctive
relief.
19. Counterparts. This Agreement may be executed in counter parts and, as executed,
shall constitute one agreement, binding on all of the parties hereto notwithstanding that all said
parties are not signatory to the original or same counterpart.
20. Governing Law and Venue. This Agreement shall be governed 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.
21. Recordation. Upon execution by the parties, this Agreement shall be recorded in-
the real estate records of Pitkin County, Colorado.
22. Authority to Sign. 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.
[Signature Page(s)Follow]
I
' S
IN WITNESS WHEREOF,the parties hereto have hereunto set their hands and seals as
of the day and year first above written.
BOARD OF COUNTY COMMISSIONERS OF PITICIY COUNTY
By:
George Newman,Mir
APPROVED TO FORM:
By:
Rich etley III, Assistant County Attorney
STATE OF COLORADO )
)ss.
COUNTY OF PITKIN )
The foregoing was KQ ledged (swom)before me thi&-day of k
2017 b {air of the Board of County Commissioners of iddn County.
YT my and official seal
My commission expires: 11AA—ZO f
t
l LISA MACDONALD r
Notary Public
State of Colorado
• Notary ID 019924015259
M Col M. .o i 1-19.2020 No4ftil--l-
6
IN WITNESS WHEREOF,the parties hereto have hereunto set their hands and seals as
of the day and year first above written.
CITY ASP N,C 0 0,a municipal corporation
By:
StevdK'Skadinn,Mayor
Atte
c
Linda Manning, City Clerk
APPROVED AST FORM:
mes R.True,City Attorney
STATE OF COLORADO )
)ss.
COUNTY OF PITKIN )
�ub��!sc ' ed trjt sworn to before a 's day of V N11 � �Vl f by
` 1 as KI of City of Asp n,Colorado,a Colorado
municipal corporation.
Witness my hand and official seal. C 4
My commission expires: L71
TARA L. NELSON
NOTARY PUBLIC
STATE OF COLORADO Notary Public
NOTARY ID M14030017
MY Commission Exwee September 25,2021
7
Exhibits
Exhibit A: Legal description of the Access and Utility Easement
Exhibit B: Map showing location of the Access and Utility Easement
Exhibit C: Legal Description of City Property
Exhibit D: Utility Plan
S
- Exhibit A -
FASFIFNT OFSCIIPtIdI
M "Unread Skuded within Lot 1. Second Amended Plat of Lot 1. Milo, County
Coder Subdivision, City of Aspen, County of Mr. Stole of Cdarado, as shown
an the Plat thereof, recorded In Plat Book 113 at Page 39 of the Pftdn Gaudy
records, said easement being more fully described cue fdlowx
Begkwbg at the Eaderly line of told Lot I, from which the Northeast Caner of
said Lai i bean; N 1450'49'E a distance of 11.41 feet;
thence S 1450'49' W long said Eastedy tile, a distonce of 95.87 feet;
thence N 750911' W a distance of 25.26 feet;
thence N 10750'E a distance of 45.82 feet,
thence &47 feet along a non—tangent curve to the left, having a radius of 6.00
feet, a central angle of 805526', the chard of which boas N 2558'5Y W a
distance of 7.79 feel;
thence N.150448'E a distance of 24.25 feel:
thecae 25.13 feet dorg a nen—tangent are to the left, having a radius of
31.94 feet, a control angle of 450500', the chard of Nddn bears
N 1411'26' W a distance of 24.49 feel to the Northerly Line d said Lot 1;
thence N 84'34W E dog sold Northerly Line, a distance of 29.23 feel:
these 8.47 feel along a nor—tonpat curve to the right having a radius of
56.30 feet, a central woe of 8'37'12', the chord of which bears S.21'36'49'E _
a distance of &46 feet;
Neuss 10.25 lest dog a narrtonge t Dave to the left having a radius of
10.00 feet, a eeWd wings of 581517', the chord of which bean S 4581'41' E
a distance of 9.81 feel,
thence 5 7514'20' E a distance of 1.26 feet, to the point of beginning, said
taxmen carinking OM8 Bares (2955 mauve feet), more or Ids
1 +
tidy SS
D 0 '�
David A,Cooper N p� O 4s k�
Colo.hep P.LL 821910 `' U
For,and on 2903 ;
belhddSGM ,,� �-9� y
J/
Mlot 1, 2nd
151kin t�ty COntar Sub M.. ��� Easamenl Exhibit Dtwip6on
d B
- C"1�
Exhibit B
— Cvre I Le+9h I"as ods Lhe4 eLim a>e Eegn
CS 641' 106 4180" 111 7.71
Q 2111 31.94' O43a6'09' MI41(MV 200
09 182C 11101 9W4Mr SWM'4lE 811'
Lie TOW*
Lie I %wim LaVlh
L46 11145C491 IIAf
3 \\ L47 SKW4n 95W
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_ 2 EASEMENT ��
PLAT 000( 80 PADS 57
PARCEL NO. 2737-073-24-003 ,t
CANER: CITY OF ASPEN
LM 1 / 130 S. GALENA STREET I 1
Proall CIMOM cow ASPEN, CO 81611 I �
(PLAT BOOK 117.FACE 31 a N75'09111 A 0.607 A.C1
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EXHIBIT M
LEGAL DESCRIPTION
A parcel of lend in the East Aapan Additional Townsite according to the Plat thereof recorded as Document No.108453. .
Ditch Boric 2A at Pape 262 of the Real Estate records of Pitldn CouM .Colorado,being a portion of that parcel of land
conveyed by Mayor's Dead recorded as Reception No.109112 described as follows:
Beginning ata poled on the Northerly right of way line for East Maks Street being the Soutlrwasl corner olthat paroel of
land conveyed in Book 191 at Page 188 and whence the Southwest comer of Block 20 East Aspen Additional Townsae
bazars S 75'08'11'E 6.19 feat
owes N 76'0911'W 69.81 feel Wog the Northerly right of way line for East Main Street to the Southeast comer of Block
19,East Aspen AddMond Townsits;
thence N 75'0411'W 22.69 feet along the Southerly line of Lot 1 D,Block 19,East Aspen Additioval Townske to the
Southend comer of that parcel of land conveyed by Book 197 at Page 166;
thence N 14'5044'E 100.00 test along the Easterly fun of said Book 197 at Pepe 186 to the Northerly line of Lot 10,
Block 19,East Aspen Additional Townske;
thence N 75°09'11'W 7.6 feet to the Northwest comer of said Lot 10.Block 19,East Aspen Additional Townsite;
thence N 75'0411'W 10.09 feet along the Saudi line of said Lot 9 to the Southeast corner of that parcel of land conveyed
in Book 119 M Pape 1211;
thancs N 14'50'49'E 186.031aat a10 g Ba Easterly fine of said Book 119 al Pape 126 to o No.6 mbar in place;
Bance 8 81'60W E 24.43 feet loBa NaNnwst corner of that parch d land conveyed by Boric 191 at Page 1116;
Brace S 18`44 E 138.63 feel along the Weatedy fre o1 said Bods 191 at Pape 186;
Barre S 04608'W 67.56 lost along the Westerly line of said Book 118 at Page 188 to the SaAhvrest corner of Lo11.Block
20,East Aspen Additional Townshe;
Marlco S 17'0411 W 120.50 feet along the Westerly Ike of said Book 119 at Page 188 to the poke of beginning.
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IIIIIIIIIIIIIUIIIHII111111 la��IlllulMill Bill 111bI1BII
RECEPTIONM 644690, R: $63.00,D: $0.00
DOC CODE: EASEMENT
Pg 1 of 8,01122/2018 at 12:37:60 PM
Janice K.Vos Caudill. Pitkin County, CO
STORM SEWER EASEMENT AGREEMENT
THIS, TORM WER EASEMENT AGREEMENT("Agreement") is made and entered
into thisay of 2017 (the "Effective Date") by and between the BOARD
OF COUNTY CO&MfiSSIONERS OF PITKIN COUNTY, COLORADO ("Grantor" or
"County"), a body corporate and politic whose address is 123 Emma Road, Suite 106, Basalt,
Colorado 81621 and the CITY OF ASPEN, COLORADO (the "Grantee" or "City") a Colorado
municipal corporation and home rule city whose address is 130 S. Galena, Aspen, CO 81611.
Grantor and Grantee are sometimes referred to collectively herein as the`Parties"
RECITALS
WHEREAS, Grantor is the owner of certain real property known as Lot 1,Pitkin County
Center Subdivision (the "County Property"), which County Property is fully depicted on the
Second Amended Plat of Lot I Pitkin County Center Subdivision recorded in the real property
records in the Pitkin County Clerk and Recorder's Office at Reception No. 626213 (the "County
Property");and
WHEREAS,Grantee is the owner of certain real property located in County of Pitkin, State
of Colorado a legal description of which is appended hereto as Exhibit A,also known as 540 East
Main Street, Aspen, Colorado 81611 (the"City Properly");and
WHEREAS,Grantor is constructing the Pitkin County Sheriff and Administration Facility
on the County Property,and Grantee is constructing the City of Aspen Police Department Facility
located on the City Property(collectively the"Projects'!; and
WHEREAS, Grantee owns and operates the City of Aspen municipal water distribution
system,and manages all stormwater flows and sewer systems within the City of Aspen; and
t WHEREAS, Grantee desires to install a storm sewer to accommodate stormwater on the
City Property and the Aspen Police Department Facility. The storm sewer will also accommodate
stormwater on the County Property and the Pitkin County Sheriff and Administration Facility. The
Parties understand and agree that the storm sewer shall be designed to accommodate both Projects
and will be included in the Aspen Police Department Facility construction project;and
WHEREAS,in order to use,operate,maintain,repair and replace the storm sewer depicted
on Exhibit B attached hereto and associated infrastructure, Grantee requires an easement from
Grantor; and
WHEREAS, by the execution of this Agreement, Grantor desires to convey to Grantee,
and Grantee desires to accept,a storm sewer easement across the County Property for the purposes
and on the terms and conditions herein provided.
AGREEMENT
NOW, THEREFORE, IN CONSIDERATION of the promises and agreements set forth
1
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 Grantee,and Grantee
hereby accepts,a perpetual non-exclusive easement as described on Exhibit B attached hereto(the
"Storm Sewer Easement"or"Easement")for the purposes of excavation,construction,installation,
operation, use, maintenance, repair, access to, and replacement of the City's storm sewer and
associated facilities located within the easement premises. The Storm Sewer Easement is
described on Exhibit B,which is attached hereto and incorporated herein by reference. The Storm
Sewer Easement is granted over, upon, across, in and through the County Property. This grant of
easement shall run with the land of the County Property for the benefit of Grantee, and shall be
binding upon and inure to the benefit of Grantee, and its successors and assigns.
2. Use of Easement Premises by Grantee. The Grantee's agents, employees,
contractors and other designated persons may go upon the Easement at all reasonable times to
undertake routine use, operation and maintenance of Grantee's storm sewer and related utilities.
In the event the City plans repairs or replacement of infrastructure within the Easement premises,
it shall provide Grantor with reasonable advance notice of the work to be undertaken, and the
estimated time of completion, and obtain Grantor's approval of Grantee's proposed construction
plans for any construction or relocations, such approval shall not be unreasonably withheld. Prior
to performing any activities upon the Storm Sewer Easement for which a permit is required,
Grantee must obtain all of the necessary permits for the proposed activity. Notwithstanding the
foregoing,the City may go upon the Easement premises at any time in the event of any emergency
situation or condition,and undertake such repair or replacement activities as it deems necessary to
properly resolve the emergency situation.
a. After the exercise of any of its rights hereunder, the Grantee shall grade, re-seed,
or re-sod as necessary to restore the surface of the ground to its former condition and contour as
well as replace any trees or bushes damaged or removed with trees or bushes of like kind and
species. Grantor may waive the requirement that Grantee replace trees and bushes should Grantor
deem doing so desirable. Grantee shall also replace any asphalt or other road improvements
necessarily disturbed or damaged by Grantee's activities on the Storm Sewer Easement.
3. Use of Easement Premises by Grantor. Grantor shall retain the right to use and
enjoy the County Property, including the Easement premises, so long as such use and enjoyment
do not interfere with the Grantee's rights hereunder, and provided that Grantor shall not install or
allow any obstructions or.permanent encroachments on the Easement premises, including but not
limited to fences, buildings, gates, or other structures, or trees, bushes, brush, gardens, or
pavement, and shall not obstruct or permit obstruction of access to the Easement premises. In the
event any such obstructions or encroachments are erected, installed, or permitted to remain upon
the Easement Area premises notwithstanding this paragraph, 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.
a. In the event Grantor discovers an emergency condition pertaining to Grantee's storm
sewer facilities to be located on, over, in or through the Easement premises, Grantor shall make
reasonable attempts to promptly notify the City of such condition.
2
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 premises, or the use or occupation the Easement premises 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 Grantee by the Colorado
Governmental Immunity Act, C.R.S. § 24-10-101 et seq. as amended, or other law. In the event
the Grantee 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 premises, 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.
5. Notices. Any notice required or permitted under this Agreement shall be in writing
and shall be hand-delivered or sent by registered or certified regular mail,postage pre-paid to the
addresses of the parties as follows. Each party by notice sent under this paragraph may change the
address to which future notices should be sent. Electronic delivery of notices shall also be deemed
sufficient and considered delivered upon receipt of confirmation of delivery on the part of the
sender.
To Grantor Pitkin County: With copies to:
County Manager Pitkin County Attorney's Office
123 Emma Rd.,Suite 106 123 Emma Rd., Suite 204
Basalt,Colorado 81621 Basalt,Colorado 81621
Email: ion.peacock(a),pitkincountv.com Email: attom-ey.@Ritkincounty.com
To Grantee City of Aspen: With copies to: 0
City of Aspen City of Aspen Attorney's Office
City Manager 130 South Galena Street
130 South Galena Street Aspen, Colorado 81611
Aspen,Colorado 81611
6. Binding. Agreement - Recording. This Agreement is binding upon the parties
hereto, their successors and assigns, and any sale of the County 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 County
Property. Deeds to subsequent owners of the County Property shall provide notice of this
Agreement and the obligations contained herein.
7. Governing Law; Venue: Attorney 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
3
prevailing party shall be entitled to recover costs incurred in pursuing such remedies, including
expert witness fees and reasonable attorney fees.
8. No Waiver of Governmental Immunity. Grantee and Grantor, its directors,
officials, officers, agents,and employees are relying upon and do not waive or abrogate,or intend
to waive or abrogate by any provision of this Agreement the monetary limitations or any other
rights,immunities,or protections afforded by the Colorado Governmental Immunities Act,C.R.S.
§§ 24-10-101,of seq., as it may be amended from time to time.
9. No Assignment Without Written Consent. Grantee shall not,without first obtaining
the prior written consent of Grantor, sell, assign,transfer, encumber,hypothecate,or sublease any
or all of the tights, interests, or obligations under this Agreement.
10. Entire Agreement. This Agreement constitutes the entire agreement and
understanding between the parties relating to the subject matter hereof. All preceding
representations or agreements relating to the subject matter hereof, whether written or oral, are
hereby merged into this Agreement.
11. Modification. No provision or term of this Agreement may be amended,modified,
revoked, supplemented, waived, or otherwise changed except by a written instrument duly
executed by the parties hereto or the parties' successors and/or assigns.
12. Severability. If any term or provision of this Agreement shall be held to be invalid
or unenforceable by a Court with competent jurisdiction or by operation of statute,the remaining
terms and provisions of this Agreement shall continue to exist and shall be valid and enforceable
to the fullest extent permitted by law.
13. Waiver. Any waiver by either party hereto of any breach of any kind or character
whatsoever by the other party, whether such shall be direct or implied,shall not be construed as a
continuing waiver of or consent to any subsequent breach of this Agreement on the part of the
other party. t
14. Default. Either party shall have the right to enforce the obligations of performance
of the other party as contained herein through litigation seeking an award of damages or injunctive
relief.
15. Authorization of Sigrratures. 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.
16. 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(s)Follow]
4
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals as
of the day and year fust above written.
BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY
By:
George Newman,CWair
APPROVED TO FORM:
By:
Richar Y eiley lll, Assistant County Attorney
STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
The foregoing was ac� fed(sworn)before me this_ day of
2017 byr*ftla!"d
as Clia the Board of County Commissioners of Pitkin County.
Itness official seal
My commission expires: 1
LISA MACDONALD
Notary Public
r Stats of Colorado
Notary ID 119924016269
r1mX Commission Ea tray 11-16.2020 No Pu is 4.
5
IN WITNESS WHEREOF,the parties hereto have hereunto set their hands and seals as of
the day and year first above written.
CITY OF P OL O, a municipal corporation
By:
StevendronLc�
Attest:
Manning, City Clerk
APPROfVED AS TO FORM:
//�RO
es R.True,City Attorney
STATE OF COLORADO )
)ss.
COUNTY OF PITKIN )
Subkcn*bqg and sworn to before Uri day of m , gjlbby
IC014 as of City of Aspen, Colorado,a Colorado
municipal corporation.
Witness my hand and official seal.
�
' My commission expires: 11�
TARA L. NELSON IyV✓`� I "` �L/�
NOTARY PUBLIC Notary Public
STATE OF COLORADO
NOTARY ID#20014030017
My Cow=sion Expires SepMnber25,2021
6
Attachments:
Exhibit A: Legal description of City Property
Exhibit B: Map depicting storm sewer easement and describing the easement
7
EXHIBIT"A"
LEGAL DESCRIPTION
A parcel of lend in the East Aspen Additional Townske according to the Plat thereof r000rded as Document No.108453,
Ditch Book 2A at Page 252 of the Real Estate recorded Pitkin County,Colorado,being a portion of that parcel of land
conveyed by Mayor's Deed recorded as Reception No.109112 described as follows:
Beginning at a point on the Northerly right of way line for East Main Street being the Southwest comer of Orel parcel of
land conveyed In Book 191 at Page 188 and whence the Southwest corner of Black 20 East Aspen Additional Townslts
hears S 75'09'11'E 5.19 feet;
thence N 7509'11'W 69.81 feet Wong the Northerly right of way One for East Main Sheat to the Southeast comer of Block
19,East Aspen Additional Townsite;
thence N 75'09'11'W 22.59 feel along the Southerly One of Lot 10,Block 19,East Aspen Addklonal Townsae to the
Southeast corner of that parcel of lend conveyed by Book 197 at Page 186;
thence N 14'50'49'E 100.00 teat along the Easterly line of said Book 197 at Page 166 to the Northerly line of Lot 10,
Block 19,East Aspen Additional Townske;
thence N 7509'11'W 7.5 fast to the Northwest comer of said Lot 10,Block 19,East Aspen Additional Towmsile;
thence N 75°09'11'W 10.09 feet along the South line of said Lot 9 to the Southeast corner of that parcel of land conveyed
in Book 119 at Page 126;
thence N 14.50'49'E 186.03 feet along the Easterly line of said Book 119 at Page 126 to a No.5 retber in plain;
thence 8 8105702'E 24.43 feet to it*Nathwesl comer of that parcel of land conveyed by Book 191 at Page 186;
thanes S 19849'E 138.83 feet along the Westerly One of said Book 191 at Page 186;
thence S 04%6'W 67.56 feel along the Westerly fine of said Book 119 at Page 196 to the Southwest oomer of Lot 1.Bods
20,East Aspen Additional Townsite;
thence S 17609'11'W 120,50 feet along the Westerly line of said Book 119 at Page 186 to the point of beginning.
4 1
56
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STORM SEWER EASEMENT
LOT
RID GRANDE SUB.
PJL HALL&SHINER
L5./36613IN ROCK
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P.K.NAIL&SHINER \ ,i .3
L.S.013166 STORM SEWER) L2
EASEMENT
LOT.
RIO GRANDE P.K-NAIL&ATTER
SUB. L.S.626613&13166
/ FOUNDERS PLACE
LOT i
FIRST AMENDED PLAT OF LOT I
PRKN COUNTY CENTER SUBDIVISION
PARCEL N0.27J7d1JJ7d51
-OWNER:P[TKQd COUNTY
l� J70 E.MAW STREET P303
ASPEN,CO 61611
N
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w ` E LINETABLE
LINE M BEARING DISTANCE
LI S00.30W'Egl7.92-dL2 NR97S L3 N627T15'WL! N22.0000'E 2
DETAEL
GRAPBTC SCALE
1'•20'
STORM SEWER EASEMENT
A PARCEL OF LAND SITUATED IN LOT I OF THE RIO GRANDE SUBDIVISION AND PITKIN COUNTY CENTER
SUBDIVISION LOT LINE ADJUSTMENT ACCORDING TO THE PLAT RECORDED MY 5,2002 IN PIAT BOOK 61 AT PAGE
19,SAID PARCEL BEING IN THE CITY OF ASPEN,COUNTY OF PHIUN,STATE OF COLORADO AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEASTERLY CORNER OF SAID LOT I,THE POINT OF BEGINNING.WHENCE THE
NORTHWESTERLY CORNER BEARS MWW'W A DISTANCE OF 52.50 FEET;THENCE 800•30WE ALONG THE EASTERLY
BOUNDARY OF SAD)LOT 1 A DISTANCE OF 17.92 FEET;THENCE LEAVING SAID EASTERLY BOUNDARY N6T59'/3'W A
DISTANCE OF 10.12 FEET;THENCE N62'3TIS-W A DISTANCE OF 26.02 FEET TO A POINT ON THE NORTHERLY
BOUNDARY OF SAID LOT 1;THENCE N62'DDVM ALONG SAID NORTHERLY BOUNDARY A DISTANCE OF 33.62 FEET TO
THE,PO7] OF BEGINNING SAID PARCEL CONTAINING 316 SQUARE FEET MORE OR LESS.
a rnvDPA4O1 ""'•
art OIAAIQ1.WlDAAN �w�
STORM SEWER EASEMENT
tin,�. •�•� SIT.IN LOT I KID GRAND8 AND
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