HomeMy WebLinkAboutordinance.council.011-93 ORDINANCE NO. 11
(Series of 1993)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLO~DO,
VACATING A PORTION OF NORTH ST~ET ~GHT-OF-WAY ~THIN THE CITY OF
ASPEN, PITON COU~Y, COLO~DO, A~ RESERV~G AN EASEME~ FOR
UTILITIES.
WHEREAS, a petition to vacate certain right-of-ways or portions thereof has been filed
by record owners of all lands which abut the streets or portions thereof petitioned to be vacated;
and
WHEREAS, the right-of-ways or portions thereof petitioned to be vacated are located
entirely within the co¢orate li~ts of the City of Aspen; and
~EREAS, the vacation petition has been reviewed by the City Engineer and a
determination made that the petition complies in all respects with the City's Public Rights-of-
ways Vacation Policies and the l~d petitioned to be vacated is eligible for vacation pursuant to
s~d policies; and
WHEREAS, the proposed vacation will not leave ~y land adjoining the same without
a means of access over an established public right-of-way connecting such lands to an established
public street; and
WHEREAS, the petitioners have satisfied or performed all conditions and requirements
imposed by the City Engineer in connection with the requested vacation; and
~EREAS, the City Council has determined that the public use, convenience and
necessity will no longer require the hereinafter described public right-of-ways or portions
thereof.
NOW, THEREFORE, BE IT ORDAI~D BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO:
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Section 1.
That th~ portion of th~ North Street fight-of-way, City of Aspen, PitNn County,
Colorado, depicted on that map entitled "Map of Proposed Vacation", and ~nexed hereto
made a p~t hereof as Exhibit "A", shall be, and the same hereby is vacated subject to the
rese~ations s~t forth below.
Section 2.
That th~ vacation shall be subject to the petitioners executing a Decimation of Restrictive
Covenants Reg~ding Vacated Street in substantially the form atmch~ hereto as Exhibit "B",
and a Utility Easement Agreement in substanti~ly the form annexed hereto as Exhibit "C". Th~
vacation shall be further subject to the recordation of th~ above referenced Declaration of
Restrictive Covenants Reg~ding Vacated Street and Utility Easement Agreement with th~
County Recorder's Office at th~ p~tition~rs' expense.
Section 3.
That ownership and title to the lands so vacated shall vest as provided in and by Section 43-2-
302. C.R.S.
Section 4.
That the City Cbrk be ~d hereby is directed, upon the adoption of this ordinance, to
record a copy of this ordinance in the Office of th~ PitMn County Clerk and Recorder.
Section 5.
That the City Engineer be and hereby is directed, upon the adoption of this ordinance,
to make all corrections necessary to the Official Map of the City of Aspen.
Section 6.
That if any section, subsection, sentence, clause, phras~ or portion
Of
this
ordinance
is
for any reason held invalid or unconstitution~ in a court of competent jurisdiction, such portion
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shall be deemed a separate, distinct and independent provision and Shall not affect the validity
of the remaining portions theregf.
Section 7.
That this ordinance shall not have any effect on existing litigation and shall not operate
as an abatement of any action or proceeding now pending under or by virtue of the ordinances
amended as herein provided, and the same shall be construed and concluded under such prior
ordinances.
A public hearing on the ordinance shall be held on the ,/'~2_ day of
1993, in the City Council Chambers, Aspen City Hall, Aspen, Colorado.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City
Council of the City of Aspen on the ? day of /'~' ~,) ~-~.~/~. , 1993.
,.,,~-~ OF / John S. Bennett, Mayor
~ A~EST '. '-.
~~r City Clerk
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FINALLY adopted, passed and approved this /~- day of
1993.
John ~. Bennett, Mayor
'C;[at~[7~ S.~o~h C~ Clerk
DECLARATION OF
RESTRICTIVE COVENANTS REGARDING VACATED STREET
THIS DECLARATION OF RESTRICTIVE COVENANTS is made this ~/
day of April, 1993, by CHARLES B. MARQUSEE AND HELGA MARQUSEE,
ROBERT W. PULLEN AND ANNE W. PULLEN, JOHN NORTON AND ROBIN
NORTON, I. MCA. CUNNINGHAM AND STIRLING AUCHINCLOSS COLGATE AND
ROSEMARY WILLIAMSON COLGATE, Trustees of the S.A. and R.W.
colgate Trust U/D/T, December 29, 1989 (the "Property Owners").
RECITALS:
WHEREAS, the Property Owners are all of the owners of the
lots abutting North Street between 7th Street and 8th Street; and
WHEREAS, the City Council of the City of Aspen, Colorado, by
its adoption of Ordinance No. 11 (Series of 1993) has vacated
that portion of North Street shown on the map entitled "Map of
Proposed Vacation" attached hereto and made a part hereof as
Exhibit "A"; and
WHEREAS, as a condition of the adoption of Ordinance No. 11,
the City Council of the City of Aspen requested that all of the
Property Owners who shall receive the ownership and title to the
land so vacated as provided in and by Section 43-2-302, C.R.S.,
restrict the vacated property (the "Restricted Property") against
the construction or placement of structures, as hereinafter
defined, on the vacated area.
NOW, THEREFORE, for and in consideration of the foregoing,
the Property Owners do hereby declare, covenant and restrict the
Restricted Property, as follows:
1. Declaration of Restrictions. No structure shall be
constructed, installed or otherwise placed on the Restricted
Property. The term "structure" shall include a moveable building
which can be used for housing, business, commercial,
agricultural, or office purposes, either temporarily or
permanently, roads, walkways, paths, fences, swimming pools,
tennis courts, signs, sheds, and other accessory construction.
"Structures" do not include fences or walls used as fences less
than four (4) feet in height, underground lines, cables or other
transmission or distribution facilities of public utilities.
2. Enforcement. The Property Owners hereby declare that
any conveyance of the Restrictive Property shall be subject to
the declaration and covenants set forth herein, and any and all
future owners of the Restricted Property shall be bound hereby,
and shall forever faithfully observe and perform the conditions,
restrictions and obligations herein. If any of the Property
Owners or any person or entity claiming under them, shall at any
time violate or attempt to violate, or shall omit to perform or
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observe any one of the foregoing restrictions, then the other
Property Owners benefited by these restrictions, or the City of
Aspen, shall be and is hereby entitled to institute and prosecute
appropriate proceedings at law or an equity for the wrong done or
attempted. Such rights and remedies shall expressly include, but
not be limited to, the right to bring an action for the forced
removal of any structure violating the provision of this
Declaration and obtain injunctive relief against the continued
violation of any of the restrictions contained herein, or both.
The failure to enforce any provisions of this Declaration at any
time shall not constitute a waiver of the right thereafter to
enforce any such provision or any ether provision of this
Declaration.
3. Attorney's Fees. In the event the interpretation or
enforcement of any of the terms, provisions, rights or
obligations contained in this Declaration become the subject of
litigation between the parties hereto, the prevai%ing party shall
be entitled to recover its reasonable costs and attorney's fees
incurred in connection with such litigation as a part of the
judgment entered therein.
4. Duration. The Declaration of Restrictive Covenants
contained herein shall run with the land and shall be binding on
all parties having any right, title or interest in the Restricted
Property or any part thereof, and their representatives,
successors and assigns, in perpetuity.
5. CounterDarts. This Declaration may be executed in one
instrument, signed by all parties, or in counterparts, in which
case all such counterparts together shall constitute one and the
Same instrument and Declaration, binding on all of the parties
thereto, notwithstanding that all of the parties are not
signatory to the original or the same counterpart.
IN WITNESS WHEREOF, the Property Owners have executed this
Declaration of Restrictive Covenants as of the day and year first
written above.
Cha~rles~B. Ma~rq~s~~/~ Robert W. Pullen
Helga~arqus~-~ Anne W. Pullen
OWNERS: Lots A & B, Block 8; OWNERS: Lots C & D, Block $
all fractional Townsite Lots
located in Block 7
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observe any one of the foregoing restrictions, then the other
Property Owners benefited by these restrictions, or the City of
Aspen, shall be and is hereby entitled to institute and prosecute
appropriate proceedings at law or an equity for the wrong done or
attempted. Such rights and remedies shall expressly include, but
not be limited to, the right to bring an action for the forced
removal of any structure violating the provision of this
Declaration and obtain injunctive relief against the continued
violation of any of the restrictions contained herein, or both.
The failure to enforce any provisions of this Declaration at any
time shall not constitute a waiver of the right thereafter to
enforce any such provision or any other provision of this
Declaration.
3. Attorney's Fees. In the event the interpretation or
enforcement of any of the terms, provisions, rights or
obligations contained in this'Declaration become the subject of
litigation between the parties hereto, the prevailing party shall
be entitled to recover its reasonable costs and attorney's fees
incurred in connection with such litigation as a part of the
judgment entered therein.
4. Duration. The Declaration of Restrictive Covenants
contained herein shall run with the land and shall be.binding on
all parties having any right, title or interest in the Restricted
Property or any part thereof, and their representatives,
successors and assigns, in perpetuity.
5. Counterparts. This Declaration may be executed in one
instrument, signed by all parties, or in counterparts, in which
case all such counterparts together shall constitute one and the
same instrument and Declaration, binding on all of the parties
thereto, notwithstanding that all of the parties are not
signatory to the original or the same counterpart.
IN WITNESS WHEREOF, the Property Owners have executed this
Declaration of Restrictive Covenants as Q~;he day and yea~ first
written above.
Charles B. Marqusee r n
Helga Marqusee Anne W. Pullen
OWNERS: Lots A & B, Block 8; OWNERS: Lots C & D, Block 8
all fractional Townsite Lots
located in Block 7
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Jo n Z. McA. Cunningham
Robin Norton Association Condominiums,
located on Lots G, H & I,
O~ERS: Lots E & F, Block 8 Block 8
Stirling Auchincloss Colgate Rosemary Williamson Colgate,
as Trustee of the S.A. and as Trustee of the S.A. and
R.W. Colgate Trust U/D/T, R.W. Colgate Trust U/D/T,
December 29, 1989 December 29, 1989
- OWI~ERS: Unit B, LBH Association
Condominiums, located on Lots G,
H & I, Block 8
STATE OF FLORIDA )
COUNTY OF )
This instrument was acknowledged before me this __ day of
April, 1993, by Charles B. Marqusee and Helga Marqusee.
Witness my hand and official seal.
My commission expires:
Notary Public
STATE OF )
) ss.
COUNTY OF )
This instrument was acknowledged before me this __ day of
April, 1993 by Robert W. Pullen and Anne W. Pullen.
Witness my hand and official seal.
My commission expires:
Notary Public
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John Norton I. McA. Cunningham
OWI~ER~: Unit A, LBH
Robin Norton Association Condominiums,
located on Lots G, H & I,
OWI~ERS: Lots E & F, Block 8 Block 8
Stifling Auchincloss Colgate Rosemary Williamson Colgate,
as Trustee of the S.A. and as Trustee of the S.A. and
R.W. Colgate Trust U/D/T, R.W. Colgate Trust U/D/T,
December 29, 1989 December 29, 1989
OWI~ERS: Unit B, LBH Association
Condominiums, located on Lots G,
H & I, Block 8
STATE OF FLORIDA
COUNTY OF
This instrument was acknowledged before me this __day of
April, 1993, by Charles B. Marqusee and Helga Marqusee.
Witness my hand and official seal.
My commission expires:
Notary Public
STATE OF )
ss.
COUNTY OF )
This instrument was acknowledged before me this day of
April, 1993 by Robert W. Pullen and Anne W. Pullen.
Witness my hand and official seal.
My commission expires:
Notary Public
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John Norton I. McA. Cunningham
OWI~ERS: Unit A, LBH
Robin Norton Association Condominiums,
located on Lots G, H & I,
OWNERS: Lots E & F, Block 8 Block 8
'~Stirling Auchi~cl6ss Colgate Rosemar~ Wllliamson C61gate,
as Trustee of the S.A. and as Trustee of the SoA. and
R.W. Colgate Trust U/D/T, R.W. Colgate Trust U/D/T,
December 29, 1989 December 29, 1989
OWNERS: Unit B, LBH Association
Condominiums, located on Lots G,
H & I, Block 8
STATE OF FLORIDA )
) ss.
COUNTY OF )
This instrument was acknowledged before me this __day of
April, 1993, by Charles B. Marqusee and Helga Marqusee.
Witness my hand and official seal.
My commission expires:
Notary Public
STATE OF )
) ss.
COUNTY OF )
This instrument was acknowledged before me this day of
April,1993 by Robert W. Pullen and Anne W. Pullen.
Witness my hand and official seal.
My commission expires:
Notary Public
3
John Norton I. McA. Cunningham
OWi~ERS: Unit A, LBH
Robin Norton Association Condominiums,
located on Lots G, H & I,
OWlqERS: Lots E & F, Block 8 Block 8
Stirling Auchincloss Colgate Rosemary Williamson Colgate,
as Trustee of the S.A. and as Trustee of the S.A. and
R.W. Colgate Trust U/D/T, R.W. Colgate Trust U/D/T,
December 29, 1989 December 29, 1989
OWI~ERS: Unit B, LBH Association
Condominiums, located on Lots G,
H & I, Block 8
STATE OF FLORIDA )
This instrument was acknowledged before me this /~2-day of
April, 1993, by Charles B. Marqusee and Helga Marquseeo
Witness my hand and official seal.
^. co.E. ....
Notary Public - State of Florida ~
My Comm. Expires NOV 18,19~ ~
Commls,,o,,CCO84.5__~__...~ Notary Public
STATE OF )
) ss.
COUNTY OF )
This instrument was acknowledged before me this day of
April, 1993 by Robert W. Pullen and Anne W. Pullen.
Witness my hand and official seal.
My commission expires:
Notary Public
· 1~._.~.~84.:[,~ 07/01/9J ].6:01 Rec ~'~"= '~
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John Norton I. McA. Cunningham
OWlqERS: Unit A, LBH
Robin Norton Association Condominiums,
located on Lots G, H & I,
OWI~ERS: Lots E & F, Block 8 Block 8
Stirling Auchincloss Colgate Rosemary Williamson Colgate,
as Trustee of the S.A. and as Trustee of the S.A. and
R.W. Colgate Trust U/D/T, R.W. Colgate Trust U/D/T,
December 29, 1989 December 29, 1989
OWI~ERS: Unit B, LBH Association
Condominiums, located on Lots G,
H & I, Block 8
STATE OF FLORIDA )
) ss.
COUNTY OF )
This instrument was acknowledged before me this day of
April, 1993, by Charles B. Marqusee and Helga Marqusee.
Witness my hand and official seal.
My commission expires:
Notary Public
STATE OF ~]-E~/~3 )
) ssw
COUNTY OF ;~£ )
This instrument was acknowledged before me this /~ day of
April, 1993 by Robert W. Pullen and Anne W. Pullen.
Witness my hand and official seal.
My commission expires: ~-AA~q
~; ~APRIL 2~ ~997 ~
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STATE OF COLO~DO )
) ss.
CO~TY OF PITKIN )
This instrument was acknowledged before me this ~/ /day of
April, 1993, by John Norton and Robin Norton.
~' /i Witness my hand and official seal.
,,~\\/~./i.,i M~ co~ission expires:
STATE OF COLO~DO )
CO~TY OF PITKIN )
This instrument was acknowledged before me this day of
.April, 1993, by I. McA. Cunningham.
Witness my hand and official sealo
My co~ission expires:
Notary Public
STATE OF )
CO~TY OF )
This instrument was acknowledged before me this day of
April, 1993 by Stirling Auchincloss Colgate and Rosemary
Williamson Colgate as Trustees of the S.A. and R.W. Colgate Trust
U/D/T, December 29, 1989.
Witness my hand and official seal.
My co~ission expires:
Notary Public
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STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
This instrument was acknowledged before me this day of
April, 1993, by John Norton and Robin Norton.
Witness my hand and official seal.
My commission expires:
Notary Public
STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
This instrument was acknowledged before me this /~ day of
April, 1993, by I. McA. Cunningham. ·
Witness my hand and official seal.
My commission expires:
Notary Public
STATE OF )
ss.
COUNTY OF )
This instrument was acknowledged before me this day of
April, 1993 by stifling Auchincloss Colgate and Rosemary
Williamson Colgate as Trustees of the S.A. and R.W. Colgate Trust
U/D/T, December 29, 1989.
Witness my hand and official seal.
My commission expires:
Notary Public
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STATE OF COLO~DO. )
) SS.
CO~TY OF PITKIN )
This instrument was acknowledged before me this day of
April, 1993, by John Norton and Robin Norton.
Witness my hand and official seal.
My co~ission expires:
Notary Public
STATE OF COLORADO )
) SS.
COUNTY OF PITKIN )
This instrument was acknowledged before me ~his day of
~'9~i~.~ 1993, by I. McA. Cunningham.
Witness my hand and official seal.
My com/~ission expires:
Notary Public
STATE OF
COUNTY OF
This instrument was acknowledged before me this ~ day of
April, 1993 by Stirling Auchincloss Colgate and Rosemary
Williamson Colgate as Trustees of the S.A. and R.W. Colgate Trust
U/D/T, December 29, 1989.
Witness my hand and official seal.
C-~-'1~6t ary Public ~//
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MAP OF AREA TO BE VACATED
~ ~_J
~.
NORTH , ,~ ·
BLOCK ~ ~ /
UTILITY EASEMENT AGREEMENT
THIS GRANT OF EASEMENT is made and entered into this ,~/ - day of
pr62o,~ I , 199_3, by and between Charles B. Marquesee and Helga
Marquesee, Robert W. Pullen and Anne W. Pullen, John Norton and Robin Norton, I. McA.
Cunningham and Sterling Auchincloss Colgate and Rosemary Williamson Colgate, Trustees of
the S.A. and R.W. Colgate Trust U/D/T, December 29, 1989, as Grantors, to the City of
Aspen, a municipal corporation, as Grantee.
WHEREAS, Grantors are the owners of certain real property (the "Property") situated
in the City of Aspen, Pitkin County, Colorado, abutting North Street between 7th Street and 8th
Street; and
WHEREAS, the City Council of the City of Aspen, Colorado, by its adoption of
Ordinance No. 11, Series of 1993, has vacated that portion of North Street shown on the map
entitled "Map of Proposed Vacation" attached hereto and made a part hereof as Exhibit."A"; and
WHEREAS, as a condition of the adoption of Ordinance No. 11, Series of 1993, the City
Council of the City of Aspen requested that all of the Property'Owners who shall receive the
ownership and title to the land so vacated as provfded in and by Section 43-2-302, C.R.S., grant
to the City of Aspen a utility easement for the existing water line shown on the "Map of
Proposed Vacation" and other utilities upon the terms and conditions as hereinafter provided.
NOW, THEREFORE, for and in consideration of the adoption of Ordinance No. 11,
vacating certain portions of North Street, Grantors hereby grant and convey to Grantee subject
to the terms and conditions hereinafter set forth and the rights herein specifically retained and
reserved by Grantor, the right, privilege and easement to construct, install, maintain, operate,
repair, remove, and replace a currently existing water main line and any other future utility line
deemed necessary by Grantee along and across the Easement Premises situated on the property
as described and depicted on Exhibit "A", attached hereto and by this reference incorporated
herein. Further, Grantors do grant to Grantee the right to access said utility lines over, under,
across and along the Easement Premises as may reasonably be required for the purpose of
exercising the rights, privileges and easement herein granted.
The foregoing grant of easement and access shall be subject to the following terms and
conditions:
1. Tile Easement Premises shall not exceed twenty (20) feet in width measured ten
(10) feet on either side of the center line of the currently existing water main line.
2. Grantee's utility lines and all associated facilities shall be constructed, installed,
maintained and operated in a safe and workmanlike manner and in such a manner as to avoid
to destruction of Grantors' shrubs and other the
damage
or
property
or
vegetation
on
property.
Grantee's utility lines, including all future lines, sball be installed to underground locations. Any
damage to the Grantors' property or to tile surface, trees, shrubs or other vegetation caused by
Grantee's installation, maintenance, repair or removal of tbe water main line, future utility lines,
or attendant facilities, shall not be the responsibility of the Grantee, except that Grantee shall
repair or replace the surface vegetation to a natural state of usefulness and appearance as it exists
as of the date of this easement.
~ 3. Grantee shall not place, keep, store or otherwise permit any equiPment or
materials on the Easement Premises except during such times as Grantee's employees or agents
are physically present and conducting activities permitted under this Easement.
,41 O
· ~, c, 4. It is expressly understood and agreed that the grant of easement as herein provided
¢" ~ and Grantee's use of the Easement Premises shall at all times be superior to the Grantors' use
m u of the Property.
O
c.~ 5. This Easement is not intended and shall not be-construed to grant an easement or
qj ~. access across, over or under any property or premises other than the Easement Premises as
~. ~ described and depicted herein.
U
~J >' 6. Grantee shall notify Grantors in advance of those dates and times Grantee, its
E employees or agents, shall acceess the Easement Premises to undertake any excavations thereon~
'~ '~ 7. The Easement granted hereunder shall be perpetual except that it shall
automatically terminate should Grantee or any of its successors or assigns violate the terms and
conditions contained herein.
--~ .~ 8. All rights, benefits and privileges granted, created or reserved herein, and all
IZt [~lJ impositions and obligations imposed hereunder, shall inure to the benefit of and be binding upon
~ the parties, their successors and assigns.
~ ~-, 9. Any rights to the Property or Easement Premises not s-pe~ifically granted to
~ o~ Grantee herein are reserved to the Grantors, its successors or assigns.
IN WITNESS HEREOF, the Grantors have affixed their duly authorized signatures as
of the day and year first written above.
Charles B. Marquesee /,/ Helga M~
Robert W. Pullen Anne W. Pullen
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or attendant facilities, shall not be the responsibility of the Grantee, except that Grantee shall
repair or replace the surface vegetation to a natural state of usefulness and appearance as it exists
as of the date of this easement.
3. Grantee shall not place, keep, store or otherwise permit any equ!pment or
materials on the Easement Premises except during such times as Grantee's employees or agents
are physically present and conducting activities permitted under this Easement.
4. It is expressly understood and agreed that the grant of easement as herein provided
and Grantee's use of the Easement Premises shall at all times be superior to the Grantors' use
of the Property.
5. This Easement is not intended and shall.not be construed to grant an easement or
access across, over or under any property or premises other than the Easement Premises as
described and depicted herein.
6. Grantee shall notify Grantors in advance of those dates and times Grantee, its
employees or agents, shall aCceess the Easement Premises to undertake any excavations thereon.
7. The Easement granted hereunder shall be perpetual except that it shall
automatically terminate should Grantee or any of its successors or assigns violate the terms and
conditions contained herein.
8. All rights, benefits and privileges granted, created or reserved herein, and all
impositions and obligations imposed hereunder, shall inure to the benefit of and be binding upon
the parties, their successors and assigns.
9. Any rights to the Property or Easement Premises not specifically granted to
Grantee herein are reserved to the Grantors, its successors or assigns.
IN WITNESS HEREOF, the Grantors have affixed their duly authorized signatures as
of the day and year first written above.
Charles B. Marquesee Helga Marquesee
/Robert Pullen Anne W. Pullen
W.
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John No~on Robin No~on
Stifling Auchincloss Colgate Rosemary Williamson Colgate,
as Trustee of the S.A. and R.W. as Trustee of the S.A. and R.W.
Colgate Trust U/D/T, Colgate Trust U/D/T,
December 29, 1989 December 29, 1989
I. McA. Cunningham
State of Florida )
County of
The foregoing instrument was acknowledged before me this __ day of
., 19 , by Charles B. Marquesee and Helga Marquesee.
WITNESS MY HAND AND OFFICIAL SEAL.
My commission expires:
Notary Public
John Norton Robin Norton
'Sti~ng Auchincloss Colgate /,~ Rosemary Williamson C61gate,a9¢
as Trustee of the S.A. and R.W. as Trustee of the S.A. and R.W.
Colgate Trust U/D/T, Colgate Trust U/D/T,
December 29, 1989 December 29, 1989
I. McA. Cunningham
State of Florida
SS.
County of )
The foregoing instrument was acknowledged before me this' day of
., 19 , by Charles B. Marquesee and Helga Marquesee.
WITNESS MY HAND AND OFFICIAL SEAL.
My commission expires:
Notary Public
~t~I~:3584:1.50?/C 1/95 ~6:0~. Rec: .~,~6,~.00 BK ~ PG 648
~BiIv:i.a Davis,~ Pi'b_k:~-n C, nty Clel'"l.,:~ Doc
John Norton Robin Norton
StSrli:ag At~chincloss Colgate Rosemary Williamson Colgate,
as Ttxmtee of the S.A. and R.W. as Trustee of the S.A. and R.W.
Colgate Trust U/D/T, Colgate Trust U/D/T, --
December 29, 1989 December 29, 1989
ngham -'
State of Florida
SS.
County of .)
The foregoing ~nstrument was acknowledged before me this __ day of
., 19 , by Charles B. Marquesee and Helga Marquesee.
WITNESS MY HAND AND OFFICIAL SEAL.
My commission expires:
Notary Public
John Norton Robin Norton
Stifling Auchincloss Colgate Rosemary Williamson Colgate,
as Trustee of the S.A. and R.W. as Trustee of the S.A. and R.W.
Colgate Trust U/D/T, Colgate Trust U/D/T, .--
December 29, 1989 December 29, 1989
I. McA. Cunningham
State of Florida )
/'~ ~ ) ss.
County
of
The foregoing instrument was acknowledged before me this /~day of
, 19 ~..Z, by Charles B. Marquesee and Helga Marquesee.
WITNESS MY HAND AND OFFICIAL SEAL.
My commission expires:
Notary Public
..... )65."C BK 7~& F'G
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~L~84~-~ - " ~ r~'~.~..', Doc ~ ......
State of Colorado )
a ) ss.
County of ....... )
The foregoing instrument was ac~owledged before me this ~day of , 19 ~, by Robe~ W. Pullen ~d Anne W. Pullen.
~T~SS MY HA~ AND OFFICIAL SEAL.
My commission expires:
No~ Public
State of Colorado )
) SS.
County of PitOn
The foregoing ins~ment was ac~owledged before me this ~ day of ., 19 , by John Norton and Robin Norton.
~T~S MY HA~ A~ OFFICIAL SEAL.
My commission expires:
Notary Public
State of Colorado )
) SS.
County of Pitkin )
The foregoing instrument was acknowledged before me this day of
, 19 , by Stifling Auchincloss Colgate and Rosemary Williamson
Colgate as Trustees of the S.A. and R.W. Colgate Trust U/D/T/, December 29, 1989.
WITNESS MY HAND AND OFFICIAL SEAL.
My commission expires:
Notary Public
4
State of Colorado )
) SS.
County of Pitkin )
The foregoing instrument was acknowledged before me thiso7 day of , 19 ., by Robert W. Pullen and Anne W. Pullen.
WITNESS MY HAND AND OFFICIAL SEAL.
My qommission expires:
Notary Public
State of Colorado
SS.
C.mmty of Pitkin
The foregoing instrument was acknowledged before me this~-.2{ '"day of ., 19 ~,,~, by John Norton and Robin Norton.
My commission expires: / D/2.0/'~ .~
State of Colorado )
) SS.
County of Pitkin )
The foregoing instrument was acknowledged before me this __ day of
., 19 , by Stifling Auchincloss Colgate and Rosemary Williainson
Colgate as Trustees of the S.A. and R.W. Colgate Trust U/D/T/, December 29, 1989.
WITNESS MY HAND AND OFFICIAL SEAL.
My commission expires:
Notary Public
~I~558415 07/01/95 16:01 Rec ~265,~00 BK ?l& PG 652
Silvia Dav'~s,~ --'~ .;x~n [,nLy C].~ ...~
State of Colorado )
County of Pithn )
The foregoing instrument was ac~owledged before me this day of , 19 ., by Robe~ W. Pullen ~d Anne W. Pullen.
~T~SS MY HA~ A~ OFFICIAL SEAL.
My commission expires:
Notary Public
State of Colorado )
) ss.
County of Pitkin )
The foregoing instrument was acknowledged before me this __ day of , 19__, by John Norton and Robin Norton.
WITNESS MY HAND AND OFFICIAL SEAL.
My commission expires:
Notary Public
State of ~ )
.Cos ~t_.~,~ ss.
County of Pitk~iv )
The foregoing instrument was acknowledged before me this c;:'~0 day of
., 19~_~, by Stifling Auchincloss Colgate and Rosemary Williamson
Colgate as Trustees of the S.A. and R.W. Colgate Trust U/D/T/, December 29, 1989.
State of Colorado )
County of PitOn )
The foregoing instrument was ac~owledged before me this/~' day of
, 19 ~, by I. McA. Cunningham. t
~TNESS MY HA~ AND OFFICIAL SEAL.
My commission expires:
No~ Public
i' .~ Daw..~,~ P~'r_,::zn Cn'~.y Uier-k~ Doc
MAP OF AREA TO BE VAC.ArED
......... '"'"~ ~ ~ ~
NORTH ,'?'
· I.~..,~841~ 07/01/95 16:01 Rec $265.00 BK ?~ PG
S:l.].v:.a Dav:i.s~ Pitkin Cnty Clel-.k~ Doc
RESTRICTIVE COVENANTS REGARDING VACATED STREET
THIS DECLARATION OF RESTRICTIVE COVENANTS is made this
day of April, 1993, by CHARLES B. MARQUSEE AND HELGA MARQUSEE,
ROBERT W. PULLEN AND ANNE W. PULLEN, JOHN NORTON AND ROBIN
NORTON, I. MCA. CUNNINGHAM AND STIRLING AUCHINCLOSS COLGATE AND
ROSEMARY WILLIAMSON COLGATE, Trustees of the S.A. and R.W.
Colgate Trust U/D/T, December 29, 1989 (the "Property Owners").
RECITALS:
WHEREAS, the Property Owners are all of the owners of the
lots abutting North Street between 7th Street and 8th Street; and
WHEREAS, the City Council of the city of Aspen, Colorado,!by
its adoption of Ordinance No. 11 (Series of 1993) has vacated
that portion of North Street shown on the map entitled "Map of!
Proposed Vacation" attached hereto and made a part hereof as
Exhibit "A"; and
WHEREAS, as a condition of the adoption of Ordinance No. 11,
the City Council of the City of Aspen requested that all of the
Property Owners who shall receive the ownership and title to the
land so vacated as provided in and by Section 43-2-302, C.R.S.,
restrict the vacated property (the "Restricted Property") against
the construction or placement of structures, as hereinafter
defined, on the vacated area.
NOW, THEREFORE, for and in consideration of the foregoingi,
the Property Owners do hereby declare, covenant and restrict the
Restricted Property, as follows:
1. Declaration of Restrictions. No structure shall be
constructed, installed or otherwise placed on the Restricted
Property. The term "structure" shall include a moveable building
which can be used for housing, business, commercial,
agricultural, or office purposes, either temporarily or
permanently, roads, walkways, paths, fences, swimming pools,
tennis courts, signs, sheds, and other accessory construction.
"Structures" do not include fences or walls used as fences less
than four (4) feet in height, underground lines, cables or other
transmission or distribution facilities of public utilities.
2. Enforcement. The Property Owners hereby declare that
any conveyance of the Restrictive Property shall be subject
the declaration and covenants set forth herein, and any and all
future owners of the Restricted Property shall be bound hereby!,
and shall forever faithfully observe and perform the conditions,
restrictions and obligations herein. If any of the Property
Owners or any person or entity claiming under them, shall at any
time violate or attempt to violate, or shall omit to perform or
~::;584.15 07/01/9~ ~,6:01 '"' ·
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observe any one of the foregoing restrictions, then the other
Property Owners benefited by these restrictions, or the City of
Aspen, shall be and is hereby entitled to institute and prosecUte
appropriate proceedings at law or an equity for the wrong done or
attempted. Such rights and remedies shall expressly include, but
not be limited to, the right to bring an action for the forced
removal of any structure violating the provision of this
Declaration and obtain injunctive relief against the continued
violation of any of the restrictions contained herein, or both~
The failure to enforce any provisions of this Declaration at any
time shall not constitute a waiver of the right thereafter to
enforce any such provision or any other provision of this
Declaration.
3. Attorney's Fees. In the event the interpretation or
enforcement of any of the terms, provisions, rights or
obligations contained in this Declaration become the subject of
litigation between the parties hereto, the prevai%ing party shall
be entitled to recover its reasonable costs and attorney's fees
incurred in connection with such litigation as a part of the
judgment entered therein.
4. Duration. The Declaration of Restrictive Covenants
contained herein shall run with the land and shall be binding on
all parties having any right, title or interest in the Restricted
Property or any part thereof, and their representatives,
successors and assigns, in perpetuity.
5. Counterparts. This Declaration may be executed in one
instrument, signed by all parties, or in counterparts, in which
case all such counterparts together shall constitute one and the
same instrument and Declaration, binding on all of the parties!
thereto, notwithstanding that all of the parties are not
signatory to the original or the same counterpart.
IN WITNESS WHEREOF, the Property Owners have executed this
Declaration of Restrictive Covenants as of the day and year first
written above.
Charles B. Marqusee Robert W. Pullen
Helga234arqus.~-~7 Anne W. Pullen
OWNERS: Lots A & B, Block 8; OWNERS: Lots C & D, Block 8
all fractional Townsite Lots
located in Block 7
~:~58415' 0'?/01/9~... 16:01 Rec ~6~,,00~ = ~ B~:~ ?~ F'G 6~?
o~.lvia Daviss Pitkin Cnty Cler-k~ Doc ~.0()
observe any one of the foregoing restrictions, then the other
Property Owners benefited by these restrictions, or the City of
Aspen, shall be and is hereby entitled to institute and prosecute
appropriate proceedings at law or an equity for the wrong donelor
attempted. Such rights and remedies shall expressly include, but
not be limited to, the right to bring an action for the forced
removal of any structure violating the provision of this
Declaration and obtain injunctive relief against the continued
violation of any of the restrictions contained herein, or bothl
The failure to enforce any provisions of this Declaration at any
time shall not constitute a waiver of the right thereafter to
enforce any such provision or any other provision of this
Declaration.
3. Attorney's Fees° In the event the interpretation or
enforcement of any of the terms, provisions, rights or
obligations contained in this Declaration become the subject of
litigation between the parties hereto, the prevailing party shall
be entitled to recover its reasonable costs and attorney's fees
incurred in connection with such litigation as a part of the
judgment entered therein.
4. Duration. The Declaration of Restrictive Covenants
contained herein shall run with the land and shall be binding on
all parties having any right, title or interest in the Restricted
Property or any part thereof, and their representatives,
successors and assigns, in perpetuity.
5. CounterDarts. This Declaration may be executed in one
instrument, signed by all parties, or in counterparts, in which
case all such counterparts together shall constitute one and the
same instrument and Declaration, binding on all of the parties~
thereto, notwithstanding that all of the parties are not
signatory to the original or the same counterpart.
IN WITNESS WHEREOF, the Property Owners have executed this
Declaration of Restrictive Covenants as of~3~he day and year first
written above. ~~~~
Charles B. Marqusee ~e~t W. Pullen
Helga Marqusee Anne W. Pullen
OWI~ERS: Lots A & B, Block 8; OWNERS: Lots C & D, Block 8
all fractional Townsite Lots
located in Block 7
:~:-5~i~8L1'~.~ :)7'/" :L 195 ].6: 0:~ F~ec ~.~,:.~' O0
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~' ~ OWNERS: Unit A, LBH
Robin Norton Association Condominiums,
located on Lots G, H & I,
OWNERS: Lots E & F, Block 8 Block 8
Stirling Auchincloss Colgate Rosemary Williamson Colgate,!
as Trustee of the S.A. and as Trustee of the S.A. and
R.W. Colgate Trust U/D/T, R.W. Colgate Trust U/D/T,
December 29, 1989 December 29, 1989
OWNERS: Unit B, LBH Association
Condominiums, located on Lots G,
H & I, Block 8
STATE OF FLORIDA )
) Ss.
COUNTY OF )
This instrument was acknowledged before me this __day of
April, 1993, by Charles B. Marqusee and Helga Marqusee.
Witness my hand and official seal.
My commission expires:
Notary Public
STATE OF )
COUNTY OF )
This instrument was acknowledged before me this __ dayiof
April, 1993 by Robert W. Pullen and Anne W. Pullen.
Witness my hand and official seal.
My commission expires:
Notary Public
3
· I-k..,..84.1.~ 07/01/95 16:01 Rec ~265.00 BK ?~ PG 6~9
Silvia Daw~s. Fitkin P 'v ~ = Doc: ~.O0
~ohn ~orton I. ~c~. Cunn~n~ham
OWNER~: Unit A, LBH
Robin Norton Association Condominiums,
located on Lots G, H & I,
OWNERS: Lots E & F, Block 8 Block 8
Stirling Auchincloss Colgate Rosemary Williamson Colgatel,
as Trustee of the S.A. and as Trustee of the S.A. and
R.W. Colgate Trust U/D/T, R.W. Colgate Trust U/D/T,
December 29, 1989 December 29, 1989
OWNERS: Unit B, LBH Association
Condominiums, located on Lots G,
H & I, Block 8
STATE OF FLORIDA )
) ss.
COUNTY OF )
This instrument was acknowledged before me this __ day of
April, 1993, by Charles B. Marqusee and Helga Marqusee.
Witness my hand and official seal.
My commission expires:
Notary Public
STATE OF )
) ss.
COUNTY OF )
This instrument was acknowledged before me this __ day!of
April, 1993 by Robert W. Pullen and Anne W. Pullen.
Witness my hand and official seal.
My commission expires:
Notary Public
3
~']558415c,... . . 07/01/9J. 16: .."'1.. Rec $265,,Fx]~. BK 71~ PG &60
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John Norton I. McA. Cunningham
OWI~ERS: Unit A, LBH
Robin Norton Association Condominiums,
located on Lots G, H & I,
OWNER~: Lots E & F, Block 8 Block 8
~tlrllng Auchlncl6ss Colgate Rosemar~ Williamson C61g~te;7~L~
as Trustee of the S.A. and as Trustee of the S.A. and
R.W. Colgate Trust U/D/T, R.W. Colgate Trust U/D/T,
December 29, 1989 December 29, 1989
OWNERS: Unit B, LBH Association
Condominiums, located on Lots G,
H & I, Block 8
STATE OF FLORIDA )
) ss.
COUNTY OF )
This instrument was acknowledged before me this __ day of
April, 1993, by Charles B. Marqusee and Helga Marqusee.
Witness my hand and official seal.
My commission expires:
Notary Public
STATE OF )
) ss.
COUNTY OF )
This instrument was acknowledged before me this __ daylof
April, 1993 by Robert W. Pullen and Anne W. Pullen.
Witness my hand and official seal.
My commission expires:
Notary Public
3
· 1.k..~84.1,~ ~?'/~]./9.]~ I6.~01 Rec $~00 BK
Silw~a Dawi. s,~ Pitkin Cnty ...le~.k,; Doc
John Norton I. McA. Cunningham
OWNERS: Unit A, LBH
Robin Norton Association Condominiums,
located on Lots G, H & I,
OWNERS: Lots E & F, Block 8 Block 8
Stirling Auchincloss Colgate Rosemary Williamson Colgate,
as Trustee of the S.A. and as Trustee of the S.A. and
R.W. Colgate Trust U/D/T, R.W. Colgate Trust U/D/T,
December 29, 1989 December 29, 1989
OWNERS: Unit B, LBH Association
Condominiums, located on Lots G,
H & I, Block 8
STATE OF FLORIDA )
This instrument was acknowledged before me this /~ay of
April, 1993, by Charles B. Marqusee and Helga Marqusee.
Witness my hand and official seal.
Notary Public
STATE OF )
) ss.
COUNTY OF )
This instrument was acknowledged before me this __ day of
April, 1993 by Robert W. Pullen and Anne W. Pullen.
Witness my hand and official seal.
My commission expires:
Notary Public
3
...~:~':58415 0'~./01/'~--~ ~-~" ". . r. 16r..~ Doc $.t}~.)
'"' ....... . ~...,,~¢~, ..--r~";.'l'zl":fL¢l L.r~Ly ,.-._-
John Norton I. McA. Cunningham
OWNERS: Unit A, LBH
Robin Norton Association Condominiums,
located on Lots G, H & I,
OWNERS: Lots E & F, Block 8 Block 8
Stirling Auchincloss Colgate Rosemary Williamson Colgate,
as Trustee of the S.A. and as Trustee of the S.A. and
R.W. Colgate Trust U/D/T, R.W. Colgate Trust U/D/T,
December 29, 1989 December 29, 1989
OWNERS: Unit B, LBH Association
Condominiums, located on Lots G,
H & I, Block 8
STATE OF FLORIDA )
) ss.
COUNTY OF )
This instrument was acknowledged before me this day of
April, 1993, by Charles B. Marqusee and Helga Marqusee.
Witness my hand and official seal.
My commission expires:
Notary Public
STATE OF ~-~3 )
) ss.
COUNTY OF ~' )
This instrument was acknowledged before me this /~ day of
April, 1993 by Robert W. Pullen and Anne W. Pullen.
Witness my hand and official seal.
My commission expires: ~-AA-~Q
Notary~Public
· I.k_~84~ .... 07/']/9-"~ 16:01 Rec $965~'('~ BK ?~ PG
Silvia Davis,~ Pitkin Cnty Cler'k~ Doc
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
This instrument was acknowledged before me this ~/ '~day of
Apri~, 1993, by John Norton and Robin Norton.
<'~ ~. ~'W, ltness my hand and official seal.
~]~AD~, .M~commission expires: /~/~ ~
Not~ry Public
STATE OF COLORADO )
COUNTY OF PITKIN )
This instrument was acknowledged before me this day of
April, 1993, by I. McA. Cunningham.
Witness my hand and official seal.
My commission expires:
Notary Public
STATE OF )
COUNTY OF )
This instrument was acknowledged before me this day of
April, 1993 by Stirling Auchincloss Colgate and Rosemary
Williamson Colgate as Trustees of the S.A. and R.W. Colgate TrUst
U/D/T, December 29, 1989.
Witness my hand and official seal.
My commission expires:
Notary Public
,!,1,:'-~58415 C?/- 'i~ ,-' in C~,'t¥ tSler4',. ~
silvia DaviS,~ I:i'c~::. ' ' "' "
STATE OF COLO~DO )
) SS.
CO~TY OF PITKIN )
This instrument was acknowledged before me this __ day of
April, 1993, by John Norton and Robin Norton.
Witness my hand and official seal.
My co~ission expires:
Notary Public
STATE OF COLORADO )
) SS.
COUNTY OF PITKIN )
This instrument was acknowledged before me this /~ day
April, 1993, by I. McA. Cunningham. ' ~___
Witness my hand and official seal. %1~
My commission expires: ~--/'~ - -
Notary Public
STATE OF )
COUNTY OF )
This instrument was acknowledged before me this day of
April, 1993 by Stirling Auchincloss Colgate and Rosemary
Williamson Colgate as Trustees of the S.A. and R.W. Colgate Trust
U/D/T, December 29, 1989.
Witness my hand and official sealo
My commission expires:
Notary Public
I0 ii41o. 4
~..~,~8~=' '~',~ 1 ~.. 0710].195 16:01 ReCCl~erq... ~ ~'~ ' ' Doc' S.O0' ~
o'' '- Dav'~S, pitkin Cnty ~.~ ~
STATE OF COLO~DO )
CO~TY OF PITKIN )
This instrument was acknowledged before me this day of
April, 1993, by John Norton and Robin Norton.
Witness my hand and official seal.
My co~ission expires:
Notary Public
STATE OF COLORADO )
COUNTY OF PITKIN )
This instrument was acknowledged before me this day of
, ~','!]~ 1993, by I. McA. Cunningham.
Witness my hand and official seal.
My commission expires:
Notary Public
STATE OF
COUNTY OF
This instrument was acknowledged before me this ~(~ day of
April, 1993 by Stirling Auchincloss Colgate and Rosemary
Williamson Colgate as Trustees of the S.A. and R.W. Colgate TrUst
U/D/T, December 29, 1989.
Witness my hand and official seal.
- '-~.~\, ' . (~-~'~Stary Public
?~Z~58 ?/0~./9Z4 16:(:)1 Rec ~ = ' '
--~Silvia Davis, Pitkin Cnty Cler'k.~ Doc $.00
MAP OF AREA TO BE VACA[ED
LJ I._]~
N ~ x ~o~,.~ t~'~,~r N VICINITY MAP
/
BLOCK ~ ....
.'
,?" ~.~ ~lR~fil ............... ~* -
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Silvia Daw~s~ F3. tk3~n Cnty Clerk~ Dc;c S,,~}
UTILITY EASEMENT AGREEMENT
THIS GRANT OF EASEMENT is made and entered into this Z/- daY of
, 19~3, by and between Charles B. Marquesee and Helga
Marquesee, Robert W. Pullen and Anne W. Pullen, John Norton and Robin Norton, I. McA.
Cunningham and Sterling Auchincloss Colgate and Rosemary Williamson Colgate, Trustees of
the S.A. mad R.W. Colgate Trust U/D/T, December 29, 1989, as Grantors, to the CitY of
Aspen, a municipal corporation, as Grantee.
WHEREAS, Grantors are the owners of certain real property (the "Property") situated
in the City of Aspen, Pitkin County, Colorado, abutting North Street between 7th Street and 8th
Street; and
WHEREAS, the City Council of the City of Aspen, Colorado, by its adoption of
Ordinance No. 11, Series of 1993, has vacated that portion of North Street shown on the map
ent t ed "Map of Proposed Vacation" attached hereto and made a part hereof as Exhibit "A"; and
WHEREAS, as a condition of the adoption of Ordinance No. 11, Series of 1993, the City
Council of the City of Aspen requested that all of the Property Owners who shall receive the
ownership and title to the land so vacated as provided in and by Section 43-2-302, C.R.S., grant
to the City of Aspen a utility easement for the existing water line shown on the "Map of
Proposed Vacation" and other utilities upon the terms and conditions as hereinafter provided.
NOW, THEREFORE, for and in consideration of the adoption of Ordinance No.: 11,
vacating certain portions of North Street, Grantors hereby grant and convey to Grantee subject
to the terms and conditions hereinafter set forth and the rights herein specifically retained and
reserved by Grantor, the right, privilege and easement to construct, install, maintain, operate,
repair, remove, and replace a currently existing water main line and any other future utility line
deemed necessary by Grantee along and across the Easement Premises situated on the property
as described and depicted on Exhibit "A", attached hereto and by this reference incorporated
herein. Further, Grantors do grant to Grantee the right to access said utility lines over, under,
across and along the Easement Premises as may reasonably be required for the pnrpose of
exercising the rights, privileges and easement herein granted.
The foregoing grant of easement and access shall be subject to the following terms: and
conditions:
1. The Easement Premises shall not exceed twenty (20) feet in width measured ten
(10) feet on either side of the center line of the currently existing water main line.
2. Grantee's utility lines and all associated facilities shall be constructed, installed,
maintained and operated in a safe and workmanlike manner and in snch a manner as to avoid
damage to or destruction of Grantors' property or shrubs and other vegetation on the property.
Grantee's utility lines, including all future lines, shall be installed to underground locations. Any
damage to the Grantors' property or to the surface, trees, shrubs or other vegetation caused by
Grantee's installation, maintenance, repair or removal of the water main line, future utility lines,
SiIvia Davis~ Pit_kin Cnty Cler'k~ DOc ~,,00
or attendant facilities, shall not be the responsibility of the Grantee, except that Grantee shall
repair or replace the surface vegetation to a natural state of usefulness and appearance as it exists
as of the date of this easement.
3. Grantee shall not place, keep, store or otherwise permit any equ!pment or
materials on the Easement Premises except during such times as Grantee's employees or agents
are physically present and conducting activities permitted under this Easement.
4. It is expressly understood and agreed that the grant of easement as herein provided
and Grantee's use of the Easement Premises shall at all times be superior to the Grantors' use
of the Property.
5. This Easement is not intended and shall not be-construed to grant an easement or
access across, over or under any property or premises other than the Easement Premises as
described and depicted herein.
6. Grantee shall notify Grantors in advance of those dates and times Granteei its
employees or agents, shall acceess the Easement Premises to undertake any excavations thereon.
7. The Easement granted hereunder shall be perpetual except that it shall
automatically terminate should Grantee or any of its successors or assigns violate the terms and
conditions contained herein.
8. All rights, benefits and privileges granted, created or reserved herein, and all
impositions and obligations imposed hereunder, shall inure to the benefit of and be binding upon
the parties, their successors and assigns.
9. Any rights to the Property or Easement Premises not S~ecifically granted to
Grantee herein are reserved to the Grantors, its successors or assigns.
IN WITNESS HEREOF, the Grantors have affixed their duly authorized signatures as
of the day and year first written above.
Charles B. Marquesee // Hel~a ~~
Robert W. Pullen Anne W. Pullen
2
~f~58415 0]~/0:L/95 16:0]. Rec: $265~00 BK ?l& PG ~
Silvia Davis~ Pitkin Cnty Cler-k,~ Doc ~.00
or attendant facilities, shall not be the responsibility of the Grantee, except that Grantee shall
repair or replace the surface vegetation to a natural state of usefulness and appearance as it fiXists
as of the date of this easement.
3. Grantee shall not place, keep, store or otherwise permit any equipment or
materials on the Easement Premises except during such times as Grantee's employees or agents
are physically present and conducting activities permitted under this Easement.
4. It is expressly understood and agreed that the grant of easement as herein provided
and Grantee's use of tbe Easement Premises shall at all times be superior to the Grantors'use
of the Property.
5. This Easement is not intended and shall.not be construed to grant an easement or
access across, over or under any property or premises other than the Easement Premises as
described and depicted herein.
6. Grantee shall notify Grantors in advance of those dates and times Grantee; its
employees or agents, shall acceess the Easement Premises to undertake any excavations thereon.
7. The Easement granted hereunder shall be perpetual except that it Shall
automatically terminate should Grantee or any of its successors or assigns violate the terms and
conditions contained herein.
8. All rights, benefits and privileges granted, created or reserved herein, and all
impositions and obligations imposed hereunder, shall inure to the benefit of and be binding Upon
the parties, their successors and assigns.
9. Any rights to the Property or Easement Premises not specifically granted to
Grantee herein are reserved to the Grantors, its successors or assigns.
IN WITNESS HEREOF, the Grantors have affixed their duly authorized signatures as
of the day and year first written above.
Charles B. Marquesee Helga Marquesee
/Robert W. Pullen Anne W. Pullen
2
$265.00 BK
~1. ]. vi ~
John Norton Robin Norton
Stirling Auchincloss Colgate Rosemary Williamson Colgate,
as Trustee of the S.A. and R.W. as Trustee of the S.A. and R.Wi
Colgate Trust U/D/T, Colgate Trust U/D/T,
December 29, 1989 December 29, 1989
I. McA. Cunningham
State of Florida
SS.
County of )
The foregoing instrument was acknowledged before me this day of
., 19 , by Charles B. Marquesee and Helga Marquesee.
WITNESS MY HAND AND OFFICIAL SEAL.
My commission expires:
Notary Public
John Norton Robin Norton
St~ng Auchincloss Colgate /~' Rosemary Wflhamson Colgate,
as Trustee of the S.A. and R.W. as Trustee of the S.A. and R.W.
Colgate Trust U/D/T, Colgate Trust U/D/T,
December 29, 1989 December 29, 1989
I. McA. Cunningham
State of Florida )
County of )
The foregoing instrument was acknowledged before me this day of
, 19__, by Charles B. Marquesee and Helga Marquesee.
WITNESS MY HAND AND OFFICIAL SEAL.
My commission expires:
Notary Public
1.k..o841o 1'7/cll/97, 16:01 Rec $265.00 BK 718 PG 67~
SilwLa Davis,~ F~..I-.~n Cnty Clel~-k~ Doc $.00
.John Norton Robin Norton
Stirling Aucbincloss Colgate Rosemary Williamson Colgate,
as Trustee of the S.A. and R.W. as Trustee of the S.A. and R.W.
Colgate Trust U/D/T, Colgate Trust U/D/T,
December 29, 1989 December 29, 1989
I.~/gfcA. C~nriingham
State of Florida
SS.
County of )
The foregoing ~nstrument was acknowledged before me this __ day of
, 19 ., by Charles B. Marquesee and Helga Marquesee.
WITNESS MY HAND AND OFFICIAL SEAL.
My commission expires:
Notary Public
3
-l.k~.,~$~.L.~ *'?'/0~/93 16:01 Rec "~" ~
Silvia Davis.~ t 3. Lkzn Cnty Clef'k, Doc $.00
John Norton Robin Norton
Stifling Auchincloss Colgate Rosemary Williamson Colgate,
as Trustee of the S.A. and R.W. as Trustee of the S.A. and R.W.
Colgate Trust U/D/T, Colgate Trust U/D/T, .-
December 29, 1989 December 29, 1989
I. McA. Cunningham
State of Florida )
/59 ~ ) ss.
County
of
The foregoing instrument was acknowledged before me this /FEZ4 day of
, 19 ~'.F, by Charles B. Marquesee and Helga Marquesee.
WITNESS MY HAND AND OFFICIAL SEAL.
My commission expires:
Notary Public
~..'' Rec ,&26rS.00 BK "/'l& F'G
-=,=-,.)z. ='. 07/cl/92~ ,.L-,.OI t' '~ ~,.~ .. DOC- eo. O0
silva, a/ ~.,o.w. = !
State of C~ )
) ss.
County offS- )
The foregoing instrument was ac~owledg~ before me this ~day of , 19 ~, by Robe~ W. Pullen ~d Anne W. Pullen.
~T~S MY HA~ A~ OFFICIAL SEAL.
My commission expires:
lic
State of Colorado )
County of PitMn )
The foregoing instrument was ac~owledged before me this ~ day of ., 19 , by John No,on and Robin Norton.
~T~SS MY HA~ A~ OFFICIAL SEAL.
My commission expires:
Notary Public
State of Colorado )
County of Pitkin )
The foregoing instrument was acknowledged before me this __ day of
, 19__, by Stirling Auchincloss Colgate and Rosemary Williamson
Colgate as Trustees of the S.A. and R.W. Colgate Trust U/D/T/, December 29, 1989.
WITNESS MY HAND AND OFFICIAL SEAL.
My commission expires:
Notary Public
4
State of Colorado )
Coumy of ~itW~ )
· he fore~oin~ instrument was ac~owbd~ed before me this~ day of ., ]~ , by ~obem W. ~ullen ~d Anne W.
~SS ~ ~AND AND O~IC[A~ S~A~.
~y commission expires:
Notary Public
State of Colorado )
) SSo
.r,., ~ .,~rPitkin )
, u ~11%. I _
The foregoing instrument was acknowledged before me thise.2/"day of
, 19 ~.~ by John Norton and Robin Norton.
...... · ?'.~; '- WITNESS MY HAND AND OFFICIAL SEAL.
~'~P',R)'"".'"";" My commission expires: / ~9/~-O/q ~>
.PUB~ ...'.,
Public
State of Colorado )
County of Pitkin )
The foregoing instrument was acknowledged before me this __. day of
., 19 , by Stifling Auchincloss Colgate and Rosemary Williamson
Colgate as Trustees of the S.A. and R.W. Colgate Trust U/D/T/, December 29, 1989.
WITNESS MY HAND AND OFFICIAL SEAL.
My commission expires:
Notary Public
-- ~ 01 Rec F~265,,00 BK ?~ PG 67&
4:L_.-(5E),415 _ ~ /t ] /95 16:
-.~, .'-.. P'i'l-k'in Cntv Cler";:.~ DOC:
Silvia I./:.v~.=~ ............ - -
State of Colorado )
)
County of Pithn )
The foregoing instrument was ac~owledged before me this ~ day of , 19 , by Robe~ W. Pullen ~d Anne W. Pullen.
~T~SS MY HA~ A~ OFFICIAL SEAL.
My commission expires:
Notary Public
State of Colorado )
) SS.
County of Pitldn )
The foregoing instrument was acknowledged before me this __ day of , 19 , by John Norton and Robin Norton.
WITNESS MY HAND AND OFFICIAL SEAL.
My commission expires:
Notary Public
State of Igolu~adr) )
~ ~-O~n~) ss.
County of FiL~. )
The foregoing instrument was acknowledged before me this t:~) day of ,~,;./~_~J/?
., 19,~, by Stirling Auchincloss Colgate and Rosemary Williamson
Colgate as Trustees of the S.A. and R.W. Colgate Trust U/D/T/, December 29, 1989.
WITNESS MY HAND AND OFFICIAL SEAL./"9
My commLssioti expires: ~JTq~
;-- = Notary Public
4
s:~:~.,,i~-~ ~:>~,'~.~ ~:.~:~.=:i,.'~ c~ c~.~'~'~'V' r>?~...
State of Colorado )
County of PitOn )
The foregoing instrument was ac~owledged before me this/~' day of
, 19 ~, by I. McA. Cunningham.
~TNESS MY HA~ AND OFFICIAL'S~A~
My commission expires: ~-Q¢~
,~ ~V-~ (i ~ '~'~
~y'~O'~-' Public
Siivia Davis~ Pitkin Cnty Cler4::~ Doc
MAP OF AREA TO BE V~ ~rED
'/ ~] L' ]
NORTH ,..?' ,.~ /~TREET
BLOCK 2