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Town Council Resolution 52 1983TOWN OF SNOWMASS VILLAGE TOWN COUNCIL RESOLUTION NO. 52 SERIES OF 1983 2539 LORE, ---'3 BANNER PITKIN C -11-l". REGORDER A RESOLUTION APPROVING THE STAGE FOUR (FINAL) S.P.A. PLAN FOR HOAGLUND RANCH SUBMISSION. WHEREAS, the Alpine Bank (Applicant) with the consent of The Snowmass Company, Ltd (Owner) has submitted an application for Final approval of the Hoaglund Ranch S.P.A. Plan; and WHEREAS, the Town Council has reviewed the application together with the comments of the Applicant, staff and the public and desires to approve same. NOW THEREFORE, BE IT RESOLVED by the Town Council of the Town of Snowmass Village, Colorado: Section One. Findings A. That the Final SPA Plan substantially conforms to the provisions of the Stage Two and Three approvals. B. That all conditions imposed upon any previous approvals have been satisfied. C. That no reason for disapproval or approval with conditions has come to the attention of the Town Council which could not have been reasonably foreseen by the Council during the process of obtaining prior approvals. D. That the Final SPA Plan conforms to the requirements of the Town of Snowmass Village Land Use Code. CArtinn Tuan Subject to the condition set forth below, the Stage Four (Final) SPA Plan for Hoaglund Ranch is hereby approved and the Mayor if authorized to execute the final subdivision plat and other supporting documents on behalf of the Town. Section Three. That this approval is conditioned upon approval of the final plat itself by the Planning Office, the Town Engineer, and the Town Attorney. INTRODUCED, READ AND ADOPTED by the Town Council of the Town of Snowmass Village, Colorado, on this 18th day of July , 1983 by a vote of 6 to 0 Councilmember Desmond was absent. Sti ly„1)l1, ATTEST: Susan Garrison, Town Clerk TOWN OF SNOWMASS VILLAGE, COLORADO By: Jefferson T'ppett, Mayor 3 PAG 62 BL �. SUBDIVISION IMPROVEMENTS AGREEMENT ; U ®= (Hoaglund Ranch Subdivision) crn rn THIS AGREEMENT is made and entered into this 18th day of July , 1983, by and between the TOWN OF SNOWMASS VILLAGE, COLORADO, a municipal corpo- ration hereinafter sometimes designated as the "Town", and THE SNOWMASS COMPANY, LTD, a Colorado limited partnership, hereinafter designated as the "Owner", and the BANK BUILDING PARTNERSHIP, a Colorado limited partnership, hereinafter designated as the "Developer". WITNESSETH: WHEREAS, Owner is the owner of certain property situate in the County of Pitkin, State of Colorado, more particularly described in Exhibit A and referred to herein as the "Property"; and WHEREAS, the Developer, with the consent of the Owner, has submitted to the Town a final subdivision plat showing a proposed subdivision layout for the Property, a copy of which plat is attached hereto as Exhibit B; and WHEREAS, the Owner has entered into a lease purchase agreement with the Developer whereby the Developer will develop and acquire the Property; and WHEREAS, the Developer, with the Owner's consent, has submitted to the Town plans for various site improvements to be constructed on and off the Property by the Developer as more particularly described in the SPA Plan submission docu- ments on file with the Town Planning Office; and WHEREAS, the Town's Planning Commission and Town Council have approved the final subdivision plats submitted by the Developer subject to certain require- ments and conditions which involve the installation of and construction of utilities and other improvements in connection with the proposed development. NOW, THEREFORE, in consideration of the premises and the terms and conditions herein stated and for other valuable consideration, the adequacy of which is hereby acknowledged by the parties hereto, it is agreed as follows: 1. That Owner and Developer hereby guarantee the installation of and the payment,for all utility lines, storm drainage improvements, access roads, sanitary sewer lines, traffic control signs or devices, water lines, fire hydrants and any other improvements described and approved in the SPA Plan submission documents. The Owner and Developer warrant all such improvements being dedicated to any public utility for a period of one year after acceptance by such utility. Owner and Developer agree to correct promptly any deficiencies in such installation in order to meet the requirements of the plans and specifi- cations applicable to such installation. 1 Baox 40J PAGE41A IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed the day and year first hereinabove written. ATTEST: TOWN OF SNOWMASS VILLAGE, COLORADO Susan Garrison, Town Clerk Jefferson Tippett, ayor APPROV THE SNOWMASS COMPANY, LTD. By:4-a4-1- -4e'r4a ,; ,. avid J. y e n ttorney A Ce- ner BAN UILD G P RT ER H °��� - By: �Ge1 artner e OSITATg, 6F COLORADO ) ss. COgN,TY—OF-,,PITKIN ) `fhe fb(rego1ng instrument was acknowleded before me this `I0) day of 1983, by (�0t„!-y�y W . �,- as General Partner of h -4Snc wass C,om0any, Ltd. �M \--bmmifssion.expires /0-6 Witness my hand and official Notary Public STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this 26th day of July , 1983 by J. Robert Young as General Partner of Bank Building Partnership. My commission expi reMy Commission expires 5l16/aNi tness my hand and official seal. 1 tart' �G,h, i c 1 11K, ��`�`' o � 'o _ ..,•....,, , �ss'�I�i� ; • s ' r •. ��� • a i. Wog 4 4 8 P.-U,E- 5 EASEMENT AGREEMENT 2 5 1636 KNOW ALL MEN BY THESE PRESENTS: � i'ETs R =- F;Ti lH GT`t'`. RIECCiRC3ER THAT for and in consideration of the sum of Ten Dollars ($10.00) in hand l J 111 `7.1e.'15 '. ( paid to them and for other good and valuable considera`"tion, the receipt and sufficiency of which are hereby acknowledged, the undersigned SNOWMASS CENTER LIMITED PARTNERSHIP, a Colorado limited partnership, and THE SNOWMASS COMPANY, LTD., a Colorado limited partnership (hereinafter referred to as "Grantors"), hereby grant, transfer and convey unto THE TOWN OF SNOWMASS VILLAGE, Colorado (hereinafter referred to as ("Grantee"), a perpetual, non-exclusive easement and right-of-way over and across the following -described strip of real property, to wit: A trail easement approximately 8 feet in width located in Snowmass Village North Subdivision, Tract 42, Section 1, Township 10 South, Range 86 West of the 6th Principal Meridian, Pitkin County, Colorado. Said easement being more fully described on the improvement survey as the "Trail Easement" which is attached hereto and made a part hereof as Exhibit A. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns forever, subject however, to the following terms and conditions, which by its execution hereof the said Grantee hereby approves and accepts, to wit: 1. The subject easement shall be used by Grantee only for purposes of a bicycle path, par cours and/or other forms of pedestrian travel, and for such other purposes as may be approved in writing in advance by Grantors; 2. Grantors, both individually and collectively, hereby reserve to themselves and their respective successors and assigns forever, perpetual, non-exclusive easements and rights-of-way over, across and under the subject easement for purposes of underground utility lines and/or vehicular and other forms of access to other real property owned by Grantors or either of them, provided that if Grantors or either of them find it necessary to exercise such reserved easement rights, they will do so in a manner which interferes as minimally as possible with the uses to which Grantee has or can put the easement granted hereby, and will repair and replace the subject easement to the extent possible to the original condition thereof at their sole cost and expense; 3. Grantors, both individually and collectively, hereby further reserve to themselves and their respective successors and assigns forever, the right at 1 L;oLyA��2 . i :.l � :x ka.. �.✓ � j f y/ .. 4 � .4... !� i..�„✓�.,✓ t�c�-.��..i� i :�� �:i � t"-::1L.� `�•� ..l v` �}.� S � 1w,l � POKER Or ATTORNEY KNaq ALL MEN BY THESE PRESENTS, that I, James W. Light, the cn: a signed, of 164 Meadow Lane, Town of Snowmass Village, County of Pittin,. State of Colorado, individually and as a General Partner of ,nv,: k: ass Company, Ltd. (".%C.L") hereby m k`, constiture and appoint, i;ennr th R. Sontheim of. 0366 Snowmass Club Circle, Town of Snowmass Village, County of Pitkin, State of Colorado, my true and lawful attorney-in-fact; for me and in my name, place and stead, individually and as Ganeral Partner of SCL, giving Quito Kenneth R. Sonthoim full power to Cio and perform oil and every act that I may legally do through an attorney -in -Fact, and every proper power necessary to carry out the Z;w vposes for -viiich this power is granted, with full porter of substitution and revocation, hereby ratifying and affirming that which Kenneth R. or his sub3titute shall lawfully do or cause to be done by himself or his suWtitute lawfully designated by virture of the power herein conferred :ron him. This power of attorney shall not he affected by the disability of the principal. i' �t DATED this a b day of May, J Ze 67. Lig t, In ua y and as GE--,`ral Partner of Snowmass Company, Ltd. 1983. The foregoing instrument was acknowledged before me this i , r' day of May, 1913, by James W. I.,i.ght., My commission expires my hand and official seal, 1 _ ._. i 1';IL.-on 6 1- 4 ::{li> ,* h51j; W3 WAD ... ... _ z-. fi .. 7 -- IT " 1 "fix -777,g -c v.t1.r,,h',S J y+z {.Ur �s4tiy,a.h •3sc��-� $ Fla �'?'t-�a Ak'���v"`F��w��'v�•4;,�'rr �' i �Y ,� '+�_,T.S +�`a. �, r Lti7 rtf st�sa+". .' .,is`� 1."`fit= 3 rz�ti 34'wr. Y., leU.�..�rC'xr�f..j - ri i F ;�"".5:..trJ i•� : �.,1. ''�h S 3...r r ^q 3. ikr Pt'L,. 1'y�,'L�"1`'R}•; "k�IyYY'd'`e' . :.� ry yy,. ;. J ',� ��,� {µ%?�4¢�c-��3. �•Xr"t` � � �r" '�'' °�- .t'�"S�xa '�"' 's��r �tw �Y.,r�sk.`1" .a. �A �.' ��� Y.Zc `'��� a s`� ✓�,S'Ga°vl149r'" �, .� ,u q't`y t �_.,? r�+ �a x,�C"s""4 'r xC•x�a�h ��F' .,;L �� `R^�� i�"a� "-y..� _ ,Mr fit- ', t •;u7 -� i �,�»�' ,P � Y. F" ' &� P .,MJ`... ..; SKr :,Y r'" k �'� �^'� i%��•i'A �'h"�W��>Y'��c �'".{�.pt��tvt � �.�.e�'"wrs"5`,n`rt t�� >�� ti t ybi ealb� *"""�4.3-�c+•�-�� �'k ?-�t .v�` t 'S tr' - - ; BOOK5'.C../� C.J EASEMEIIT AND VACATIO14 OF EASEMENT AGRELMENT Q KNOW ALL MEN BY THESE PRESENTS: THAT for and in consideration of the sum of Ten Dollars ($10.00) in hand paid to them and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the undersigned SNOWMASS CENTER LIMITED PARTNERSHIP, a Colorado limited partnership, THE S14OWMASS COMPANY, LTD., a Colorado limited partnership and THE TOWN OF SNOWMASS VILLAGE (hereinafter referred to as "Grantors"), hereby grant, transfer and convey unto THE TOWN OF SNOWMASS VILLAGE, (hereinafter referred to as "Grantee"), a perpetual, non- exclusive easement and right-of-way over and across the following -described strip of real property as described on Exhibit A attached hereto and incorporated herein. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns forever, subject however, to the following terms and conditions, which by its execution hereof the said Grantee hereby approves and accepts, to wit: 1. The subject easement shall be used by Grantee only for purposes of a bicycle path, par cours and/or other forms of pedestrian travel, and for such other purposes as may be approved in writing in advance by Grantors; 2. The Snowmass Center Limited Partnership and The Snowmass Company, Ltd., both individually and collectively, hereby reserve to themselves and their respective successors and assigns forever, perpetual, non-exclusive easements and rights- of-way over, across and under the subject easement for purposes of underground utility and/or vehicular and other forms of access to other real property owned by either or both The Snowmass Center Limited Partnership and The Snowmass Comany, Ltd., provided that if The Snowmass Center Limited Partnership and The Snowmass Company, Ltd. or either of them find it necessary to exercise such reserved easement rights, they will do so in a manner which interferes as minimally as possible with the uses to which Grantee has or can put the easement granted hereby, and will repair and replace the subject easement to the extent possible to the original condition thereof at their sole cost and expense. 3. The Snowmass Center Limited Partnership and The Snowmass Company, Ltd., both individually and collectively, hereby further reserve to themselves and their respective successors and assigns forever, the right at any time hereafter to relocate the easement granted hereby (and all uses to which it is then being put) onto lands lying either northerly or southerly to the subject easement, all at the cost and expense of the Grantor(s) accomplishing such relocation. Following any such relocation, Grantee agrees to quitclaim back to the appropriate Grantor(s) the portion of the subject easement which is abandoned as a result of the relocation and Grantor(s) will simultaneously grant, transfer and convey unto Grantee an easement over and across the relocated portion, such new easement grant to be in form and language identical to this one. 4. Grantors hereby vacate that Easement Agreement recorded July 14, 1983 in Book 448 at Page �� of the records of the Clerk and Recorder of Pitkin County, Cofofado. pC M LO UJ CC p CXD UJ CL � Z CD o� 2 U Ui N RI as 0-1 o V = t7") CV -' w Bon 452 ?A -U,457 IN WITNESS WHEREOF, Grantors and Grante, hcjKe,reu ento set their hands and seals as of the day of A-71, 'L', I 1983. Jr Snowmass Center Limited Partnership By: Ne'igh C. CoateJr., a General Partnzrl THE SNOWMASS COMPANY, LTD. ry By: General Partner -t J rwre'-s 0 Q i& '41eA. THE T&�iN 6PNNO61 :0 ASS VILLAGE, Colorado By: Jefferson Tippett, Magor ATTEST: Susan Garrison, Town Clerk ACKNOWLEDGMENT STATE OF COLORADO ss COUNTY OF PITKIN This instrument was acknowledged before me this Z-1- day of'-_. fi t. i -, 1983 by Neligh C. Coates, Jr. as General Partner of Sriowmass Center Limited partnership, a ColQrado limited partnership Witness my hand and official seal. My Commission expires: '4p AI Notary Pdblic Address: - 2 - STATE OF COLORADO ) ss COUNTY OF PITKIN ) Pox 5? This instrument was acknowledged before me this /.fh day of `.�,�j� �_ 1983 by k�,�4 �'tt��,,,ti 1�in�� as general G'7L Partner of The Snowmass Company, Ltd., a Colorado limited �X�1 partnership. CgN� n y"CL4.UYzL- >F,Wi tness my hand and official seal. ";M�' ;`,Commission expires Notary Public Address. f0w �>mmission t:xt.)ires Octobes' 6, 1986 ! r1i'^i iC: ?�; C)Fa,a P.O. 1P)X 1,74•1 STATE OF COLORADO ) ss COUNTY OF PITKIN ) This instrument was acknowledged before me this day of ,S:W 1983 by Jefferson Tippett as Mayor of the Town of Snowm&aass Village, Colorado and Susan Garrison as Town Clerk of the Town of Snowrnass Village, Colorado. Witness my hand and official seal. My Commission expires: Co /l 317 Notary Public Address.ko 4-0— )a4l� c,", sa v4v - 3 - EXHIBIT A TO EASEMENT AND VACAT I O14 OF BOOK EASEMENT AGREEMENT LEGAL DESCRIPTION A strip of land located in Government Tract 45, being a part of Sections 1 and 2, T10S, R86W of the 6th P.M., described as follows: Commencing at the Southwest Corner of said Section 1 from which the Witness Corner to the W1/4 Corner of said Section 1 bears N0001'31"E, 2703.93 feet, thence N29°38'47"E, 3051.81 feet; thence S77°08'00"E, 92.45 feet to a point of curve to the left; thence Easterly, 64.46 feet along the arc of said curve to the East line extended Southerly of that tract of land as described in Lease Agreement recorded in Book 237 at Page 164 of the records of Pitkin County, Colorado, said arc having a radius of 350.00 feet, a delta angle of 10033'09" and being subtended by a chord that bears S82°24'36"E, 64.37 feet; thence Easterly, 102.00 feet along the arc of a curve concave to the North to a point tangent, said arc having a radius of 350.00 feet, a delta angle of 16041'51" and being subtended by a chord that bears N83°57'55"E, 101.64 feet; thence N75037'00"E, 63.66 feet; thence N77°30'00"E, 220.66 feet; thence N12°30'00"W, 16.96 feet to a point of curve to the right; thence Northeasterly, 64.34 feet along the arc of said curve to a point tangent, said arc having a radius of 70.00 feet, a delta angle of 52°3934" and being subtended by a chord that bears N13°49'47"E, 62.10 feet; thence N40°0934"E, 19.47 feet to the Southerly line of the second tract of land as described in Deed recorded in Book 231 at Page 304 of the records of Pitkin County, Colorado; thence N47°51'26"W, 42.03 feet along the Southerly line of the second tract of land as described in said Book 231 at Page 304 to the TRUE POINT OF BEGINNING. Thence continuing N47°51'26"W, 3.00 feet along the Southerly line of the second tract of land as described in said Book 231 at Page 304 to the Easterly line of SNO11MASS VILLAGE NORTH SUBDIVISION, a Subdivision recorded in Plat Book 7 at Page 12 of the records of Pitkin County, Colorado; Thence S40009'34"W, 0.63 feet along the Easterly line of said SNOWMASS VILLAGE NORTH SUBDIVISION to the Southeast Corner thereof; Thence N47051'00"W, 15.01 feet along the Southerly line of said SNOWMASS VILLAGE NORTH SUBDIVISION; Thence S40°09'34"W, 8.99 feet; Thence Northwesterly, 30.14 feet along the arc of a curve concave to the Southwest to a point tangent, said arc having a radius of 63.00 feet, a delta angle of 27"24'40" and being subtended by a chord that bears 1474059'40"W, X9.85 feet; Legal Description Thence N88°42'00"W, 128.26 feet; Booz 452 ?ti L- 60 -2- 4717-26A Thence N88009'00"W, 175.70 feet to the East line of that tract of land as described in said Book 237 at Page 164; Thence N04°55'00"E, 12.02 feet along the East line and the East line extended Northerly of that tract of land as described in said Book 237 at Page 164; Thence S88009'00"E, 175.00 feet; Thence S88°42'00"E, 128.20 feet to a point of curve to the right; Thence Southeasterly, 41.84 feet along the arc of said curve to a point tangent, said arc having a radius of 75.00 feet, a delta angle of 31058'00" and being subtended by a chord that bears S72°43'00"E, 41.30 feet; Thence S56044'00"E, 14.60 feet to a point from which the True Point of Beginning bears S40°09'34"W; Thence S40°09'34"W, 5.47 feet to the TRUE POINT OF BEGINNING.