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Home My WebLink Aboutresolution.council.017-07 .... ","",'~"'-'~-""""""""'''''''"''''^,"-,,,~,,,--,._--,-'<'-'".",'-'..".., RESOLUTION # J&- (Series of 2007) A RESOLUTION EXECUTING A BILL OF SALE AND A GENRAL WARRANTY DEED BETWEEN THE CITY OF ASPEN, COLORADO, AND SMUGGLER MOBILE HOME PARK, SETTING FORTH THE TERMS AND CONDITIONS REGARDING ACQUISITION AND ACCEPTANCE OF WATER SYSTEM IMPROVEMENTS. WHEREAS, there has been submitted to the City Council a Bill of Sale and General Warranty Deed between the City of Aspen, Colorado, and Srnuggler Mobile Home Park, Inc., copies of which agreements are annexed hereto and made a part thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the City Council of the City of Aspen hereby approves the Bill of Sale and General Warranty Deed between the City of Aspen, Colorado, and Smuggler Mobile Horne Park, copies of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager of the City of Aspen to execute said documents on behalf of the City of Aspen. Dated: AU)~ 07tJ(J 1-- 1, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy Ofth~t;m.dtaiPte~ the City Council of the City of Aspen, Colorado, at a meeting held ./;. / ~t8 7r . BILL OF SALE KNOW ALL MEN BY THESE PRESENTS, that the Srnuggler Mobile Home Park (address), Pitkin County, Colorado ("Seller"), for and in consideration ofTEN DOLLARS ($10.00) and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, hereby sells, transfers, grants and conveys to THE CITY OF ASPEN, COLORADO ("Buyer"), it successors and assigns forever, the following property, goods and chattels, to wit: The domestic treated water system infrastructure in place which provides water service to the Smuggler Mobile Home Park, as more particularly shown in the as-built drawings attached as Exhibit A hereto, including: 2224 feet of 8- inch DIP installed in 2004 58 feet of 6-inch DIP installed in 2004 Five (5) Fire Hydrants Two (2) 12" gate valves Thirteen (13) 8" gate valves Miscellaneous valve and hydrant keys, tools and equipment, all of which is herein referred to as the Smuggler Water System Infrastructure, together with as- built drawings showing the locations of the Smuggler Water Systern Infrastructure, TO HAVE AND TO HOLD the same unto said Buyer, its successors and assigrts forever, and Seller, for itself, its successors and assigns, covenants and agrees with Buyer that it owns the foregoing Smuggler Water System Infrastructure above-described, with the appurtenances and privileges thereunto belonging, or in anywise thereunto appertaining, has good, sure, perfect, absolute and indefeasible title thereto, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in the manner and form aforesaid, and that the same are free and clear from all former and other grants sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever. The Seller shall and will WARRANT AND FOREVER DEFEND the above-bargained Smuggler Water System Infrastructure above described, with the appurtenances and privileges thereunto belonging, or in anywise thereunto appertaining against all and every person or persons whomever, AND SELLER FURTHER WARRANTS to Buyer that the Smuggler Water System Infrastructure has been constructed and installed in a workmanlike rnanner, in accordance with the design drawings for the Smuggler Water Systern Infrastructure, and in accordance with A -~~~-~-~,--~.- . "~--<,,_.------,_.,,-*>~-- Buyer's standards and specifications for such infrastructure. Seller further warrants to Buyer that the Smuggler Water System Infrastructure is and will be free and clear of defects, is and will be fully operational for the purpose of providing a treated water supply and fire protection via the fire hydrants to residents of the Smuggler Mobile Home Park for a period of two years from the date ofthis Bill of Sale and Warranty. IN WITNESS WHEREOF, the Seller has caused this Bill of Sale and Warranty to be executed the day and year first above written. Seller: Srnuggler Mobile Home Park By: Title: STATE OF COLORADO ) ) ss COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this , whose title is day of , 2006 by Witness rny hand and official seal. Notary Public My commission expires C:\Documents and SettingslafenirlLocal Settings\Temporary Internet Files\OLK5E\bill of sale (2).wpd r Cl...... ~ -.l.... ~ \~ 'v ~ t ~ ~ ~ ~ ~ 536987 TRANSFER DECLARATION RECEIVED 04/25/2007 GENERAL WARRANTY DEED KNOW ALL MEN BY THESE PRESENTS, that the Smuggler Home Owners' Association, with a principal place of business at 301 Oak Lane, Aspen, Pitkin County, Colorado 81611 ("Seller"), for and in consideration of FIFTY THOUSAND AND 00/100 DOLLARS ($50,000.00) and for other good and valuable consideration, ,the receipt and sufficiency of which are hereby acknowledged, hereby sells, transfers, grants and conveys to THE CITY OF ASPEN, COLORADO ("Buyer"), it successors and assigns forever, the following property, goods and chattels, to wit: I. The domestic treated water system infrastructure in place which provides water service to the Smuggler Park Subdivision, as more particularly described in the as-built drawings attached as Exhibit A hereto, including: 2224 feet of 8- inch DIP installed in 2004 58 feet of 6-inch DIP installed in 2004 Five (5) Fire Hydrants Two (2) 12" gate valves 1111111111111111 111111 ::~;~~~;;~:: 52 JANICE K VOS CAUDILL PITKIN COUNTY CO R 71.00 D 0.00 Thirteen (13) 8" gate valves all of which is herein referred to as the Smuggler Water System Infrastructure; and 2. Non-exclusive easements for the Smuggler Water System Infrastructure as shown and described in the Easement Agreements attached hereto as Exhibits B, C and D, which convey to Grantor the easements therein described, and which are conveyed herewith to Grantee, and which are more particularly described as follows: Exhibit B: Easement Agreement dated June 3, 2006 between Smuggler Run Homeowners Association as grantor and Smuggler Home Owners' Association as grantee, recorded June 7, 2006 with the Pitkin County Recorder at Reception No. 525029; Exhibit C: Easement Agreement dated June 2, 2006 between Smuggler Racquet Club Inc. as grantor and Smuggler Home Owners' Association as grantee, recorded June 7, 2006 with the Pitkin County Recorder at Reception No. 525030; Exhibit D: Easement Agreement dated November 8, 2006 between Centennial-Aspen II, A Limited Partnership as grantor and Smuggler Home Owners' Association as grantee, recorded November 22,2006 with the Pitkin County Recorder at Reception No. 531460; TO HAVE AND TO HOLD said Smuggler Water System Infrastructure and easements, with the appurtenances and privileges thereunto belonging, or in anywise thereunto appertaining, unto the Buyer, its successors and assigns forever. And the Seller, for itself, its successors and assigns, does covenant, grant, bargain and agree to and with the Buyer, its successors and assigns, that at the time of the ensealing and delivery of these presents, Seller is well seized of the Smuggler Water System Infrastructure and easements above conveyed and described, with the appurtenances and privileges thereunto belonging, or in anywise thereunto appertaining, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in the manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever. The Seller shall and will WARRANT AND FOREVER DEFEND the above-bargained Smuggler Water System Infrastructure and easements above described, with the appurtenances and privileges thereunto belonging, or in anywise thereunto appertaining, in the quiet and peaceable possession of the Buyer, its successors and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof. IN WITNESS WHEREOF, the Seller has caused this General Warranty Deed to be executed the day and year first above written. Seller: Smuggler Home Owners' Association B/~~'L i'i\\J~ CvM'Zj~ Title: J. $,.uvlil""'\ [~@~'> ~soc.. STATE OF COLORADO ) ) ss ) 1111111111111111 111111 ::~~~~;~~: : 52 JANICE K VOS CAUDILL PITKIN COUNTY CO R 71.00 D 0.00 COUNTY OF PITKIN :,he foregoing instrument was acknowledged before me this ~ day of -Apnl \Ji1lneS\Ai1UVm~ 0/'(h~l~haW\ , whose title is fre5> k T , 20ot> by ess my hand and official seal. 111-til~ ~ ~ F:\Client Files\Aspen\S~09!2512009 ( I I: ~ .\) ~~ , ~ ~ ~ ~ '" ~ ~ ~ III III ~ ~ ~ ~ ~ .~ o\'J<:::''''~ " ....<". .1: ~~"""'-J ~ ~ ~ '5\'J~"~ 8.....N~~~ z .~ " '" ::::;. ~t\ K ~ C- >1 ~ ::J t<:~-- -c ~-, - - g ..~_- ~_, ~t~'~ <:'~~. ~ ~ > >< w " Z " ~ ~ .t- " o..c:~~ ....~ out o.!:1 qj:::l t: '.::::: t:> =..t::s.t:::~ ~ l:") llJ ~ ..:::: IlJ (' "'t:l t:llJllJ-':::I.' '1,,2 t: ojO'~..c:~"'" t::I..... ::::J g tI) ct..... "'tI ...... Q) ~_ llJ.... 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Q.) ... .' 1.> ~.",~.. c: . ~,,~ "':;: .N :l~ "--, \ """ "'()~ \ '- ,~ ,,~ ""l1.. '" ~.J. I:j"': ,ll.l . \':\,,<;l<<: .'.".':.::Z': ..."'-. ~ j -~~--- :- if ~ r:o ~ N - ",'" .." :n ~ lOG N 0 ~si s oor ~c"-' l.O ..... N ll,~ I!) ~"' .0. cS'l S " "' N 0: " '" '" ~ >'2 "c:, ,,~ &}"" " "- " ~E: t3c:3 , ()~ ~ '" S ~ ti::S ;:, c5; ~ . , " Q;-o;g .Q~t G--J ~ c::: ~ l\) ti,Q g,- . - iJ"t:l ti .CIl S ~ "6"'--.J ~g.Q.l ~~ :S .....;::: t2 ~ C:-9 0 ~ Il)' ~ 0 ~l.;j.@-~ \JlI)l..i:::::;: -- rt 0 J::SQiii I ~ . " " c:~ ~ ~ ~ fs c;(S ~ <0'" t..:) o;;~ ~ .gti'; ~ 2~ ~ .Qt;: ~ (3'-0- ~h~<o ,.::"'S;;( t ....J I.... 1.; 0) t: t" o<5} I " :,,:S 0;) a ~2'2~~ t '::t () ~ ~...., :::-=---..... ~<o ,,:;> :; t-~~" ..... ~'-l C'\j(j~ .W' , , lR ~ [ ",~ ;;.~ r~h~~~ ... 'S~-:: R ~ s~ ~ IOt"{\l E:~h;>: ~ ~~r:.:SH "'n"'~ ~~ ~f1-:;:s~~ :~~~."l! ~ ~ ...~".H!i~'l: ~ ~i:~ ~~ ~!!q..<:' :'~ H~;~ , rH~H~.. ~ ~~-~~~~~~ ~ ...t'~;;;s~.~ EXHIBIT "8" Smuggler Run Water Line Easement Leqal Description An easement over, under, and across a parcel of land, for the access, maintenance, and utilization of an existing underground water line; situated in Smuggler Run Subdivision, as shown in Book 14 at Page 27; also being in the E 1/2 SW 1/4 and the W 112 SE % of Section 7, Township 7 South, Range 84 West of the 6th P.M., City of Aspen, County of Pitkin, State of Colorado; and being more particularly described as foi/ows: A strip of land, 25 feet in width, along an existing water line, as built and in place, and extending 12.5 feet to each side of the foi/owing described centerline: Beginning at a point on said existing water line, from whence Corner #1 0 of the East Aspen Townsite Addition bears S33C26'48"W 603.34 feet; Thence along the centerline of said water line the foi/owing courses: N35C40'22"E 78.29 feet; Thence N23C30'11 "E 11.06 feet to Reference Point F; Thence N23030'11"E 9.97 feet; Thence N17C27'44"W 31.86 feet to the Point of Terminus, from whence said Corner #10 bears S31C26'22"W 722.81. Together with a strip of land, 25 feet in width, along an existing water line as built and in place, extending 12.5 feet to each side of the foi/owing centerline: Beginning at Reference Point F, from whence said Corner #1 0 bears S33C32'25"W 692.46 feet; Thence S74019'12"E 12.00 feet; Thence N60040'48''E 23.97 feet to a point on the northwesterly line of Smuggler Racquet Club, more or less, whence said Corner NO.1 0 bears S34055'18"W 716.04 feet. 1111111111111111111111 ::~~~:~!;4: 12 JANICE K VOS CAUDILL PITKIN COUNTY CO R 26.00 0 0.00 1111111111111111111111 ~~;~~~~~~:: 52 JRNICE K VOS CRUDILL PITKIN COUNTY CO R 71.00 D 0.00 EXHIBIT "B" EASEMENT AGREEMENT THIS EASEMENT AGREEMENT ("Easement Agreement") is made and entered into this L day ofJUflQ... 2006, by and between Smuggler Run Homeowners Association, a Colorado not for profit corporation ("Grantor") and Smuggler Home Owners' Association, a Colorado not for profit corporation ("Grantee" or "SHOA"); N ., "''' "'" ........ "-.....~ 00 o~& m "~Q B. W "., ('I) &~ I!) .... 0."'", '" " ... It: RECITALS A. Grantor is the owner of certain real property located in Aspen, Colorado known as Smuggler Run Mobile Home Park Subdivision (hereinafter "Smuggler Run Property"), which property is generally adjacent to the northeasterly property boundary of Smuggler Park Subdivision (hereinafter "Smuggler Park"). In order for SHOA to complete the installation of a new water pipeline (the "Water Line") for the use and benefit of Smuggler Park, Grantor previously granted SHOA permission to complete the "tie in" portion of the Water Line within the Smuggler Run Property, as required by the City of Aspen, along approximately one hundred and sixty (160) feet of the easterly end of the Smuggler Run Property. C. Installation of the Water Line has been completed and Grantee has had a survey and "as built" prepared to properly defme the precise location of the Water Line within the Smuggler Run Property. D. Pursuant to further agreement with Grantor, SHOA has paid all costs associated with the completion of the Water Line and restoration of that portion of the Smuggler Run Property affected thereby. AGREEMENT NOW, THEREFORE, in consideration of the covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, ihe parties hereto agree as follows: 1. Recitals. The foregoing recitals are incorporated herein as acknowledgments and representations of the parties. 2. Grant of Easement. Grantor hereby grants and conveys to Grantee a permanent, non-exclusive easement over, under and across the portion of the Smuggler Run Property, as depicted and described on Exhibits "A" and "B" attached hereto and made a part hereof (the "Easement Area"), .for the sole purpose of the installation, operation, maintenance, repair, and replacement of the Water Line. 1111111111111111111111 ~~~~:~! ~4: 12 Easement Agreement JRNICE K vos CRUDILL PITKIN COUNTY CO R 26.00 0 0.00 Between Smuggler Run Homeowners Association, Grantor And Smuggler Home Owners" Association, Grantee 3. Indemnification. Except as may be otherwise specifically agreed in writing between SHOA and Grantor, SHOA hereby agrees to indemnify and hold harmless Grantor, its successors and assigns, against any and all liabilities, losses, damages, claims or demands for personal injury, property damage or any other form of loss or damage arising from or in any way resulting from the installation of that portion of the Water Line located within the Smuggler Run Property and the clean up and restoration work associated therewith. Nothing herein shall be construed to permit or grant to Grantee any right to place additional or expanded improvements within the Easement Area. 4. Binding Effect: Covenants Running with the Land. This Easement Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, personal representatives, successors and assigns, and shall be deemed to be a burden and benefit running with the properties owned by Grantor and Grantee, respectively. 5. Warranty of Authorized Signatories. Each of the signatories hereto warrants and represents that he or she is competent and authorized to enter into this Easement Agreement on behalf of the party for whom he or she purports to sign, and each agrees to defend, indemnify, and hold harmless each other party against any claim, suit or demand, including necessary expenses of investigation and reasonable attorneys' fees, in which it may be asserted that he or she was not competent and/or so authorized to execute this Easement Agreement. 6. Additional Documents. All parties agree to cooperate fully and execute any and all supplementary documents and to take all additional actions that may be necessary or appropriate to give full force and effect to the basic terms and intent of this Easement Agreement. 7. Governing Law. This Easement Agreement shall be interpreted in accordance with and governed in all respects by the laws of the State of Colorado. 8. Attornevs' Fees. In the event that either party hereto retains an attorney for the purpose of enforcing any right or duty arising out of this Easement Agreement, the substantially prevailing party shall be entitled to recover from the other party its reasonable attorneys' fees, whether or not litigation is actually instituted. 9. Severability. If any provision, or any part of any provision of this Easement Agreement shall for any reason be held to be invalid, unenforceable or contrary to public policy or any law, then the remainder of this Easement Agreement shall not be affected thereby. Page 2 of 3 1111111111111111111111 ::~~~~~~~: : 52 JRNICE K VOS CRUDILL PITKIN COUNTY CO R 71.00 0 0.00 Easement Agreement Between Smuggler Run Homeowners Association, Grantor And Smuggler Home Owners" Association, Grantee IN WITNESS WHEREOF, the parties have executed this Easement Agreernent on the day and year written above. GRANTOR: Smuggler Run Homeowners Association GRANTEE: Smuggler Home Owners' Association /k! ,~( By: Milm.y eu. '. oham Its: President -f'r~~,~~ By: .i3/>.'?- . \-\;,-l>., Its: \"<<-5 <-,.J-C- STATE OF COLORADO ) ) s. ) .' ;~\t,...~.~~?rol;7:t~i.:'~~~~ r,. ":' ".',.-..' ',\ .1 '.'. , . ::'P'';' ,> 'i 1), .?- . '?{~~,t~,:';.-. :.... ".,'fr.' ',. ~:,. : :l -'.. v--.-o . Acknowledged, subscribed, and s~orn to before me this.:MId. day of ....ruM-,"{ :..:;~q'\t by ~en(}r(J1d as P!I.J.!Jf~i of the Smuggler Run H~~o~.ts , ASSOCIatio , M8~ ~cS kzd'f1?/(~ 4jJt1J4j-S/7-V7 Notary Public COUNTY OF PITKIN STATE OF COLORADO ) ) s. ) COUNTY OF PITKIN ,':'. .t.,y...., Acknowledged, subscribed, and sworn to before me thisMday OfJ2,llli/ \~OTAr?I~'\'\ 2006, by Murray Cunningham as President of the Smuggler Home Owners' Associ:j.tio*. ~':." ' . " '. ..0.'1 " !tIAl2 ci b '~.\ V [J U v . ~ em /{r.J:/~' Notary Public . c." ( /YJ'JNJ/y)IYt#J/~~ &17-rQ7 111111111111111111111111111 ::~~~~~!:4: 12 JANICE K VOS CAUDILL PITKIN COUNTY CO R 26.00 0 0.00 Page 3 of 3 EXHIBIT "c" 1111111111111I11111111 ~:~~~~;~ ~4: 12 JANICE K VOS CAUDILL PITKIN COUNTY CO R 31.00 0 0.00 EASEMENT AGREEMENT ~ )iJ"'\e.,. This Easement Agreernent is made this ~ day of May 2006, by and between Smuggler Racquet Club, Inc. a Colorado nonprofit corporation ("Grantor") and Smuggler Home Owners' Association, a Colorado nonprofit corporation, whose mailing address is 301 Oak Lane, Aspen, Colorado 81611 ("Grantee"). RECITALS A. Grantor is the owner of certain real property located in Aspen, Colorado (the "Racquet Club Property"), which property is generally adjacent to the northeasterly comer ofSrnugg1er Park Subdivision (hereinafter "Grantee's Property"). B. Grantor has previously granted Grantee the right to construct a portion of a water pipeline (the "Water Line") through and across the Racquet Club Property by Letter Agreement dated June 7, 2004 (the "Letter Agreement"), a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference; C. The Letter Agreement further provides that, upon completion of the Water Line, Grantee will survey the easement area ("Easement Area") and prepare the necessary easement agreement containing a hold harmless provision to Grantor. D. Construction of the Water Line has been completed and Grantee has had the Easement Area surveyed and prepared the "as builf' exhibit map and legal description of the location of the Water Line, copies ofwmch are attached hereto as Exhibits "B" and "c" respectively. AGREEMENT NOW, THEREFORE, in consideration of the covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: I. Rte,,;t.l". The foregoing recitals are incorporated herein as acknowledgments and representations of the parties. 2. Gr.nt nfF."temtent. Grantor hereby grants and conveys to Grantee a permanent, non-exclusive easement (the "Easement") over, under and across the portion of the Racquet Club Property, as depicted and described on Exhibits "B" and "c" attached hereto and made a part hereof, for the sole purpose of the installation, operation, maintenance, repair, and replacement of the Water Line. \IJJo'J,lm"~.l~~;~N~.~ 11111111111111111111111 ~;~:~~~~! ~4: 12 JANICE K VOS CAUOILL PITKIN COUNTY CO R 31.00 D 0.00 Easement Agreement Between Smuggler Racquet Club, Grantor And Smuggler Home Owners' Association, Grantee 3. Tnrl~mnifi~Mion .nrl Hnlrl H.rml~,". Except as may be otherwise specifically agreed in writing between Grantor and Grantee, Grantee agrees to indemnifY and hold harmless Grantor, its successors and assigns, against any and all liabilities, losses, damages, claims or demands for personal injury, property damage or any other form ofIoss or damage arising from or in any way connected with the installation, operation, maintenance, repair, and replacement of the Water Line located in the Easement Area. 4. Hinrling Rff~~t: rnv~n"nt. Rllnning with th~ T "nrl, This Easement Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, personal representatives, successors and assigns, and shall be deemed to be a burden and benefit running with the properties owned by Grantor and Grantee, respectively. 5. W"rmnty nf Allthnn7~rl Sigl1"tnnp... Each of the signatories hereto warrants and represents that he or she is competent and authorized to enter into this Easement Agreement on behalf of the party for whom he or she purports to sign, and each agrees to defend, indemnify, and hold harmless each other party against any claim, suit or demand, including necessary expenses of investigation and reasonable attorneys' fees, in which it may be asserted that he or she was not competent and/or so authorized to execute this Agreement. 6. Arlrlitinn"l nn~l1mp.nt.. All parties agree to cooperate fully and execute any and all supplementary documents and to take all additional actions that may be necessary or appropriate to give full force and effect to the basic terms and intent of this Easement Agreement. 7. A ttnmp.y.' Fp.p... In the event that either party hereto retains an attorney for the purpose of enforcing any right or duty arising out of this Easement Agreernent, the substantially prevailing party shall be entitled to recover frorn the other party its reasonable attorneys' fees, whether or not litigation is actually instituted. 8. (Tnvp.ming T ."w. This Agreement shall be interpreted in accordance with and governed in all respects by the laws of the State of Colorado. 9. S~v~r"hi1ity. If any provision, or any part of any provision of this Easement Agreement shall for any reason be held to be invalid, unenforceable or contrary to public policy or any law, then the remainder of this Agreement shall not be affected thereby. IN WTINESS WHEREOF, the parties have executed this Easement Agreernent on the day and year written above. Signature Block and Notary Clanse nn Following Page - 2 - OJ It) ...'" -.. .. t- .....,...e,g m o~Q Olm~c to U ~ ('I) "" .... L!) D. CSllSl .. Easement Agreement Between Smuggler Racquet Club, Grantor And Smuggler Home Owners' Association, Grantee 1111111111111I111111I II :~~~~~~~ :4;1' JANICE K VOS CAUDILL PITKIN COUNTY CO R 31.00 0 0.00 Gra~tor: Sm~er Racquet Club, Inc. ~ 1l/~~ By: !-1 _ 1 HOK'fyl\J t- Its: 1) J..U.-- ~.hA STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) Acknowledged, subscribed, and sworn to before me this #day of J \J~ ~ M{lvnll\ as JjrH f>{J~fthe Smuggler Racquet Club. . ~ 2006 by ", "'01.. . ~ V'~ ~ {):J . "". .' ,- ,cc," ,,~\' ;~/' =:r \.:~, : uJ: J-:. - . <J . J-'" .c $1- to: "'.' " '~, :.:..- ...J : Grantee: sm~gt Home Owners' AssoCia~~n..'-~_'f<:: '7:::;]/;jJ 6J(Vl."U~ :'~."''\'\, Its: President STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) '^~ Acknowl~dged, subscribed, and sworn to before me this 2: day of .Jv,,",,- as President of the Smuggler Home Owners' Association. 2006 by Notary Public cO'! ...... :. .(\~ .._:. . C(I/\. \.. .,'. -.... , ~.~. \. . ....,' ~t ,;?..; ...., <:, \ . q . '" o. "'; I-' c;:; '; c: ~l:: d' ~ ",:it ,f U'., --::- ~ :' C:;', ~ . : ""~-' ' . ',.," i), \J.. ~."-.:- 1'1~"DI1"t::~~~.;~~ - 3 - EXHIBIT "A" r-. .SMtrGGLER HOME OWNERS' ASSCICLt.TION 301 OAK LANE ASPEN, COLORA:I)() Mark Hesselschwerdt, President. 925-9034 David Oakes, Manager & SecretaIy. 921)-7687 June 7, 2004. This is a letter of intent and agreement. An agreement has been made between Smuggler HCII'ne Owners' Assoe1ation (SHOA) and Smuggler Racquet Club tl>a1tow Gould Construction to place a new water :main along the no;:tl1west edge of Smuggler Racquet Club property. SHOA will have the area surveyed and draw up an easement agreement upon completion (If the project. Neither SHOA nor Gould Construction shall hold SmuggleT Racquet Club lJable. .,--.. /II Mark Hesselschwerdt SHOA President fl-- ~,~ Stan HajengEl I 0 Smuggler Ra::cfllet Club Vice Presiderlt Signing AUthorily 1111111111111111111111 ~:~~~~!0~f 0~; 521 JI=INICE K VOS CAUDILL PITKIN COUNTY CO R 71.00 D 0.00 1111111111111I11111111 :~~:~~:~!:4: 12 JANICE K VOS CAUOILL PITKIN COUNTY CO R 3t. 00 0 0.00 r OJ on ... .. -'" ... ('.~r---: (X)N~~ Ol-N to ..;a c ..... . N ,., 01' II) .... a....... ... a (") a l!) N l!) - ... '" ~ .<:) ~ .~ N <:, "tl ~ ~ "; ~ '" ~ ~ f'l III N ~ ~ ~ ~ ~ ~ ~ \'-'l <::l III ~ 0; ~ ~ III ~ ~ .~ ~ \'-'l .~...:<:: ".fl. ~ ~~..~ ~~it! . ~ . ct "'.. . .::l' <;. ~ ~ " ., '" .... (0) l... ~ QJ g"5~~'~QJ.sg '<::: ~ g ii :S .t:: -2 ~ ~ c: ~ <I.J~ . ~ ~ ~ 1lJ~ Q .9..~ ~ 4.: ~ ::::.gtl:lct-......'l:) .....'qje~QJ.....'t:Jt6 Cl~~ ~~6 tIl ~.~ >..; QJ tJ\l.tJ 'r;j~ t::'l:)~:S lti"~ . 't:;~::J t:: lii b~s:C:I ~ ~~o o:;;t ~~(S (J '"tis::~ tJ., ;........J"'. t;:...:::..... t: ............. . ......~.!!!..2'~ &.... It)CCi t::)c: '.,,;; Cl}llJ QJ..... IlJ ..~...:: Q,l t:~' E Q vI""",, k......... <lJ .;!:: o~~..c:: 1: \I) lI),S-ti . :9.....~..... I;j~..... 'b QJ";::::;:' l::'S l.,J U) (;).1;;: -t:: r~ ,2 QJ Cl I ; ....-.....,..J 1.,)0.:. , .Q t::'l:) tti ;g6~ '~lrj'l:) II t:J\ g ~.~ C:I~'" . < Q-Q'~ ~~ lii ..." E ~ 5~ -" Q~ ~. -. " ~9.6 --E- ~3~ J ~ ~~ " < 0 5~~ o \I),.... ~ . . 0 ~ ' Cl~'b '" < .~ Cl~ ~ ~~' g o E < ~~~:B oel?1;j t: ~"<: ~ ;g.... '"o~ I;j ~ .S; g:s~\.. ....,o(j~ J & ~ ~ ~ - , . '- o . .< " ~ ~ o '5 ~ . . ~ ~ ~ " i5 " ~ ~ ..., 1 r 1<:1 ~ "' e .~ <- ~ .~ ~ -~ ~~ ~. ~ " ~ ~ 2 II , . , . ~. 8 H P1 ~. ". - '-' 0......- ~ '" .~ ~ c.", Cl ......... : ". ~ ~ ~ ~ >2 <:::> ~- 5}"" " '- '" "?ilE t3(l CibS011 ~ . ~ g QJ,.... '" 0' g..@- ~...., ~ g QJ \l ~:SC;) b"tlC ,Ii) ~ ~ "6 "'-...I ~g.<Il g~:s 'Q ~ t::' ~ :9.0 ~ 1b~"':::C ~~'~~ (,,).!::J ~::e s:S~~ r ~ .\:1 ~ .~ '" \) \:I ~ ~ ~ ~ ~ ~ ~ K ~ (; ~ -I:; ~ t.5 N' ."- N ~ Cl:: ~ ~ ~ ::l (; ~ ~ ~. !-.. ~ ~ i} ~ "; . ~.~ G5 ~ G ~' III ~ ~ tV ~ CSIS ;:'! <.0'" t-) oo,!, ~ .g~ ~ e~ ~ .Q~ ~ c3~ D- ~ . ~6i3,1l;) ,.;c-.J." ~ Q; .....1 l.. I...; 0) c: t" ~ 6i- r '" :'ol:S ~ Q ~g-g~1$ ~:q::--.:!!! ~<o ~~ :; E-;;~(:3~ ~ . . ~ ~: P"f$: I!~ !.l;!~ ~ l-n~?Si hh...t,i 'It..,lI' li'. ~ r ~ a ~.t .n:$. .!!. t~"~ ~ iht.~~: r': E'f~ ~~ ~.gi!.f:~- ..lh':'~~ ~ ~~~ t-{ . .I::ip~q t: ~~ :;~.!:.~.. ~ ~ ~t~~N~l EXHIBIT "C" Smuggler Racquet Club Water Line Easement Leoal Description An easement over, under, and across a parcel of land, for the access, maintenance, and utilization of an existing underground water line; situated in the Smuggler Racquet Club as described in Book 466 at Page 302; also being in the SE 1f4 of Section 7, Township 7 South, Range 84 West of the 6th P.M., City of Aspen, County of Pitkin, State of Colorado, and being more particularly described as follows: A strip of land, 25 feet in width, along an existing water line as built and in place, 12.5 feet on each side of the following centerline: Beginning at a paint from whence Corner #10 of the East Aspen Townsite Addition bears S34C55'18"W 716.04 feet, also being a point on an existing water line as built and in place and a point on the northwesterly line of said Smuggler Racquet Club, more or less; Thence N60c40'48"E 49.01 feet to the point of terminus also being a point on the northeasterly line of said Smuggler Racquet Club, more or less and a point on the southwesterly fine of Centennial Condominium Subdivision, more or less; Whence said Corner #1 0 bears S36031 '36"W 760.48 feel. Sidelines being lengthened or shortened as necessary to connect to said property fines of Smuggler Racquet Club. 1111111111111111111I1111 1111 11/11II1 111111 ~~~~:~! ~4:<2 JANICE K vas CAUDILl.. PITKIN COUNTY CO R 31.00 D 0.00 1111111111 III I 1111 I III ::~;~~~0;f 0~~ 521 JANICE K VOS CAUDILL PITKIN COUNTY CO R 71.00 D 0.00 RELEASE Smuggler Home Owners Association ("Association"), with a principal place of business at 301 Oak Lane, Aspen, Colorado 81611, in consideration of the agreement of the City of Aspen, Colorado ("Aspen"), to purchase certain water system infrastructure and to provide municipal water service to the Association's members via said water system infrastructure, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, states as follows. I. The Association, on behalf of itself, its predecessors, and its members and former members, and their respective heirs, personal representatives, directors, officers, shareholders, members, employees, agents, contractors, insurers, attorneys, successors and assigns, hereby releases and forever discharges Aspen, its present and former City Council members, staff, employees, agents, contractors, insurers, attorneys, successors and assigns from any and all claims, actions, causes of action, suits, claims, debts, dues, obligations, demands of every kind and nature, at law or equity, which they or any ofthem ever had, now has, or may have arising out of or in connection with charges and costs billed to the Association on or before December 31, 2002, and paid by the Association for municipal water delivered by Aspen to the Association's master water meters, for distribution by the Association to its members. 2. The Association warrants and represents that it has had a reasonable opportunity to consult, at its expense, with its attorneys and any other professionals of its choosing, regarding this Release, and has executed it freely and voluntarily, after having obtained such advice as it deems appropriate. The Association further warrants and represents its President and Secretary have been duly authorized to execute this Release. IN WITNESS WHEREOF, Smuggler Home Owners Association has executed this Release this I sb. day of A\",..T'l' ) ,2007. Smuggler Home Owners Association B~~g~reSident 1111111111111111111111 ~~~~~:0;f 0~~ 521 JANICE K vas CAUDILL PITKIN COUNTY CO R 71.00 0 0,00 Attest: Secretary F:\Client Files\Aspen\Smuggler MHP\release.wpd