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HomeMy WebLinkAboutC87-005 Agreement with Kimmell and Beard re: construction of water linesC87-5 17 a . EA Oi Y. t3 G0 iL°f B00K....... ( tt PAGE ..... .4..t . a J0N 1 4 13 AGREEMENT THIS AGREEMENT, entered into as of, the last date written below, by and between the BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, COLORADO, whose address is P. 0. Box 850, Eagle, Colorado, 81631 (hereinafter referred to as the "County") ` 0 and ROSE M. KIMMELL and JOHN P. BEARD AND SUNNY BEARD, whose R address is P. 0. Box 84, Gypsum, Colorado 81637 (hereinafter referred to as "Owner") ; W I T N E S S E T H: WHEREAS, the County is proposing the expansion of the Eagle County Airport and has identified Spring Creek as a potential source of water supply therefor; and WHEREAS, Owner is the owner of two parcels of land described on Exhibit "A", attached hereto and incorporated herein by this reference, upon which property the County desires to construct water dines for municipal, commercial, industrial, domestic, fire protection, livestock watering, and irrigation. purposes; and C WHEREAS, Owner is the owner between them of water rights in C and White -Beard Ditch as decreed in W-3598 in the District Court in and for Water Division No. 5, Colorado, for 1.0 c.f.s. con- ditional with an appropriation date of November 12, 1976 for irrigation, municipal, domestic, fire protection and livestock purposes; and the White -Beard Pond as decreed in W-3689 in the District Court in and for Water Division No. 5, Colorado, for 25.0 acre-feet conditional, with an appropriation date of November 28, 1976, for the same purposes as the White -Beard Ditch; and 0.1 c.f.s. in the Cooley L.E. No. 1 Ditch, decreed in Civil Action No. 574 in the District Court in and for Eagle County, on February 27, 1912, for 1.O c.f.s. for irrigation pur- pose `s with an appropriation of May 15, 1910; and 0.1 c.f.s in the Cooley L.E. No. 2 Ditch, decreed in Civil Action No. 574 in the District Court in and for Eagle County, on February 27, 1912, for 1.5 c.f.s. for irrigation purposes, with an appropriation date of May 15, 1896; and WHEREAS, the County filed in March, 1986, an Application in the Water Court in and for Water Division No. 5, Colorado, for water rights for certain springs (Spring -Creek Spring No. 1 and Spring Creek Spring No. 2) which serve as a source of supply for Spring Creek, which water rights when decreed will be junior, to the water rights owned by Owner; and WHEREAS, the County desires to acquire some of the water rights, subordinate other water rights, and acquire easements from Owner in exchange for providing water service to Owner as more fully set forth herein; and -1- WHEREAS, the County must reach agreement with other land and water rights owners on Spring Creek (Gerald E. and Vera Best, John D. Reimers, Julie A. Reimers, Richard P. Hill and Catherine Hill) in order to acquire enough water rights to operate its system. NOW, THEREFORE, for and in consideration of the mutual pro- mises and covenants herein contained and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the parties, it is hereby agreed as follows: 1. Contingencies. This Agreement is expressly contingent on the County developing a water supply system, including the adjudication of water rights as herein contemplated, for water_ service to, among other things, the Eagle County Airport and for surrounding uses. This Agreement shall not come into effect until and unless the County develops said system as herein pro- vided. In the event the construction of the facilities across Owner's property herein contemplated has not been commenced within twenty-four (24) months from the date hereof, this Agreement shall be null and void and of no further force and C effect, and the County shall reconvey to Owner, the same title and in the same manner, all water rights and easements pre C viously conveyed by Owner to the County, unless on that date the County is diligently pursuing construction of a water system from Spring Creek (including the adjudication of water rights thereof, the preparation of engineering therefore, or other mat- ters which are necessary to commence construction), the delay is caused by Owner, or the parties hereto agree to extend the term of this Agreement, in which event said twenty-four month period shall be extended for so long as said conditions or events exist. This Agreement is further contingent upon Owner obtaining subordination of an existing deed of trust to the easements conveyed and to be conveyed herein, so as to convey merchantable title to said easements to the County. Owner shall promptly apply to his lender for such subordination and notify the County as to whether such subordination has or can be obtained. The County may in its discretion waive this con- tingency. 2. Water Rights. Owner has, by Quit -Claim Deed of even date herewith, conveyed to the County .05 c.f.s. of the Cooley L.E. No. 1 Ditch water right, .05 c.f.s. of the Cooley L.E. No. 2 Ditch water right, and 0.25 c.f.s. of the White -Beard Ditch water right. County shall, at its expense, file appropriate applications in the District Court in and for Water Division No. 5, Colorado, to divert the full amount of said water rights at the points of diversion, places of use, and for the purposes contemplated herein. Owner hereby agrees they shall not exercise a call on any water diversions through the County's water system, up to 320,000 gallons per day. As a part of the County's water rights application(s), it shall include the "Best Spring" as an alternate point of diversion for the MPM Best Ditch and the White Beard Ditch water rights. Owner shall promptly supply such information as is necessary for the County to include such alternate point of diversion in its application. 3. County Water Use. The County plans to construct spring boxes at the Spring Creek Spring Nos. 1 and 2, pipe water there- from to a storage tank(s) located outside Owner's property, and from there pipe water to the airport for use. The County may take through its water system for use at and around the airport not more than 320,000 gallons per day at a rate of flow not to exceed 0.5 c.f.s.; provided, however, that the County shall deliver to Spring Creek from its water system at a point of discharge above or at the headgate of the Best Ditch when needed by Owner an amount equal to the flow of the spring which is the lesser of the two, minus any amount required to be bypassed at said spring due to BLM permit conditions. The County shall install measuring devices at each of the springs and at the point of discharge to Spring Creek. As an example, and only as an example, of the operation hereof, if the two springs are flowing 0.4 c.f.s. and 0.5 c.f.s., the County is required to bypass 0.05 c.f.s. at each spring, the County shall deliver at the point of discharge at least 0.35 c.f.s. At times when there C is a valid call for water on Spring Creek, Owner's right to receive water hereunder shall be limited to that amount to which they are entitled under the water rights retained by them, as further limited by Owner's obligation not to exercise a call on the County's water use up to 320,000 gallons per day. 4. Water Taps. At such time as the County develops its water system on Spring Creek as contemplated herein, the County shall allow Owner to tap onto said system for domestic potable water service to not more than the number of dwelling units allowed by existing zoning but, in any event, not more than four (4) single-family dwelling units, for the total property described on Exhibit "A", together with not more than 9,000 square feet of associated lawn and garden irrigation for each single-family dwelling unit, together with associated stock water uses. Until such time as any future taps are extended to Owner's property, existing taps may utilize water for more than 9000 square feet of irrigation per unit. No more than an aggre- gate of 36,000 square feet of irrigation may be made on Owner's property, and existing uses shall be reduced to 9000 square feet of irrigation per unit at such time as new units come on line. The County shall at its expense connect single-family dwelling units existing at the time of construction of the water system onto the system. Such units shall not be required to pay any tap fees or water rates for the use of water_. The right to tap onto the system of any remaining single-family dwelling units as herein granted shall be free of charge and the owner of such units shall not be required to pay to the County any tap fees therefor, but shall pay all costs associated with connecting said units to the County's water system and shall pay all regu- lar and special water rates for the use of water. At the time the County connects then -existing units onto the water system, -3- it shall install a fire plug(s) within 300 feet of each unit, either on the County's transmission line or on the connecting line (in which case the connecting line shall be at least six (6) inches in diameter to the point of the plug(s). Any remaining unit with the right to tap onto the County's system shall utilize the existing plug(s) or may install other plugs at their own expense and with the County's permission. For all connections, existing and future, all County responsibility shall terminate at the point of connection to the County's transmission line; provided that if a six-inch connecting line and fire plug are installed, the County shall be responsible to maintain said connecting line to and including the fire plug. Each dwelling unit shall be responsible for all operation and maintenance from said point of connection to and within the dwelling unit. The County makes no warranties, express or implied, concerning defects in materials or workmanship of said connections. However, the County's water system and each con- nection shall be constructed so as to deliver at least 45 p.s.i. and fire flows of at least 500 g.p.m. for 2 hours through the above -referenced fire plugs. Owner may purchase additional taps onto the water system and receive additional water service on M the same terms and conditions as any other water user, subject Cto existing and projected needs at and around the airport, C system capacity, water availability, and then -existing zoning The right to receive water service herein granted shall not in any way bind the County to grant or deny any rezoning, sub- division or other land use approval for the use and development of owner's property and such authority by the County is expressly reserved. No tap or right to tap shall be made or assigned for use off the property described on Exhibit "A", except with prior written approval of the Board of County Commissioners of. Eagle County. Water service through said con- nections shall be metered and total water use through the con- nection shall be limited to not more than 12,000 gallons in any one month per single-family dwelling unit served during the period October through March of each year, and 36,300 gallons in any one month per single-family dwelling unit served during the period April through September of each year. Any existing taps under this Agreement may use more water than the per-upit limits set forth herein up to the total water use limits allowed hereunder; provided, however, that such use shall be made only if there is insufficient water available directly from Spring Creek for such additional use. For any water use over the above monthly limitations, Owner shall pay the normal water rate then being charged for water use from the County's system. All water use through the County's system shall be subject to the rules, regulations and restrictions generally applicable to all other water users on the system. 5. Road Up rg ade. Within one year of the completion of the installation of a waterline from the springs to the airport, the County shall upgrade the County right of way on Spring Creek road to a 22 foot graveled travel surface, with four foot shoulders and drainage ditches on both sides of the road. -4- 6. Town of Gypsum. It is contemplated that the County's water system may be connected to or become a part of the water system of the Town of Gypsum. In such event, any water service or flow from the County's water system to the Gypsum water system shall be subject to Owner's right to receive water ser- vice and Owner's rights under this Agreement. 7. Construction Easement. The County will construct its water system generally as shown on Exhibit "B" in accordance with the plans and specifications of the County. The County agrees that the facilities as constructed on Owner's land shall not deviate more than fifty (50) feet measured from either side of the centerline of the proposed facilities located as shown on Exhibit "B" unless the revised location for the facilities shall first be approved in writing by Owner, which approval shall not be unreasonably withheld. Owner hereby conveys to the County a construction easement, which easement will exist until the water system as set forth in this Agreement is constructed and all permanent easements are conveyed by Owner to the County, as follows: Rr A non-exclusive temporary construction easement under_, Oover, through and across a one hundred (100) foot wide strip of land for pipeline and access purposes, C (hereinafter referred to as the "construction easement area") lying within the property described on Exhibit "A", the centerline of which area is shown on Exhibit "B", together with the right of reasonable ingress and egress over, across and through the property described on Exhibit "A", for the purpose of constructing water lines, power lines, and all appurtenant facilities to be installed by the County. The construction easements shall be for temporary construc- tion purposes only, for the use of employees or authorized agents of the County for, by way of example, the movement and piling of dirt, the movement, access and temporary storage of construction equipment, and other activities necessary for the construction of water lines and appurtenant facilities. The County shall be entitled to immediate possession and use of the construction easement herein conveyed. Owner warrants that they are the owner of the land contained in the construc- tion easement area, and that they have good right and authority to grant the construction easement herein conveyed. In the event the construction of the facilities across Owner's property has not been commenced within twenty-four (24) months from the date hereof, the construction easement hereby conveyed shall nevertheless terminate on that date unless on that date the County is diligently pursuing construction of a water system from Spring Creek (including adjudication of water rights thereto, the preparation of engineering therefore, or other mat- ters which are necessary to commence construction), the delay is -5- caused by Owner, or the parties of the construction easement, month period shall be extended events exist. hereto agree to extend the term in which event said twenty-four for so long as such conditions or Within the construction easement area, the County may remove any and all trees, brush, vegetation or any other natural obstruction which, in the reasonable opinion of the County, may be a hazard to or impair the construction or operation of the water line, access, storage tank, treatment facilities, overflow, drainage, or other equipment used by the County in connection with the easements. The County shall cooperate with Owner_ in attempting to minimize the removal of natural vegeta- tion to the extent practicable and consistent with the alignment and nature of' the various easements. All ground surfaces cut or disturbed in connection with the construction or maintenance shall be graded and restored by appropriate methods, including vegetation to the extent reasonably practical. During construc- tion, the County shall exercise reasonable dust suppression and road maintenance practices. To the extent compatable with engineering considerations and pthe terms of this Agreement, the County shall cooperate with C Owner so as to locate and construct all facilities so as to C avoid disruption to existing uses and vegetation. 8. Location of Easements. The exact location of the per- manent easement for water lines will be based on the location of the water lines as built and will consist of a twenty (20) foot wide strip, offset five ( 5 ) feet to one side and fifteen (15 ) feet to the other side (as determined by the County) of the centerline of the water lines. The exact location of access shall be based upon access as built and will consist of a twenty (20) foot wide strip, ten (10) feet on either side of the centerline of said access. The areas of land within the bbun- daries of the permanent easements as set forth above shall be referred to as the "permanent easement area". At such time as the construction activities as to the storage tank, treatment facilities, water lines, access and appurtenant facilities are completed, the County shall caused to be prepared at the County's expense an as -built survey of the water lines, storage tank, treatment facilities, appurtenant facilities and access for the purpose of describing said easements for conveyance by Owner to the County, and shall forward one full set of such sur- veys with respect to the property described on Exhibit "A" to Owner, together with the appropriate easement deeds substan- tially in the form attached hereto as Exhibit "C". 9. Notice to Convey. At such time as the County has constructed all facilities and has completed as -built surveys as set forth in Paragraph 7, above, the County shall send written notice signed by the County Engineer or County Attorney and sent registered mail to Owner at the address set forth above. The notice shall contain the surveys and easement deed as described in Paragraph 7, above. Mv. 10. Appurtenance. Without limiting other provisions of this Agreement, all easements referred to in this Agreement shall be for the benef it of and appurtenant to the Eagle County water system and real property used in connection with said system, including without limitation the Eagle County Airport. 11. Merchantable Title. Title to the permanent easement area shall be merchantable in Owner subject only to exceptions listed in the easement deed. Owner shall execute and deliver to the County on the closing date an easement deed, substantially in the form attached hereto as Exhibit "C" and incorporated herein by this reference, conveying the permanent easements in the permanent easement area, together with reasonable rights of access thereto, which easements shall be free and clear of all liens, charges and encumbrances, clouds and defects whatsoever, except for those matters appearing as exceptions in the deed attached hereto as Exhibit "C". Notwithstanding the foregoing, Owner (or its successors or assigns) may grant additional non- exclusive easements in and to the permanent easement area, as by way of example but not limitation, for electric lines, telephone lines, or roadway use, provided that any such grantee shall not be permitted to interfere with the, reasonable use by the County C of its easements. C C 12. Closing. This transaction shall be closed and delivery of deed and other closing instruments shall take place within thirty (30) days of the County's delivery to Owner of the notice provided for in Paragraph 8 hereof. Closing shall take place at a time and location mutually agreed upon by the parties. At closing, Owner shall deliver to the County an executed and acknowledged easement deed or deeds as provided herein in a form substantially similar to Exhibit "C". 13. Owner's Use of Easement. Provided that it does not interfere with the County's activities in the operation of its water system, Owner may use in common with the County the construction and permanent easements areas, except to the extent such use violates any state or local law. Except as otherwise herein provided, all easements to be granted to the County hereunder are non-exclusive easements. The County shall not grant any public use of its easements unless approved by the Owner'. 14. Terms Surviving Closing. To the extent necessary to carry out all of the terms and provisions hereof, all terms, obligations, agreements and rights set forth herein shall be deemed not to terminate at the date of conveyance or necessarily merge into the various documents executed and delivered at that time. 15. Indemnification. The County hereby agrees to construct, operate and maintain its facilities in a good and workmanlike manner and shall indemnify Owner against any loss or damage to any person or property arising from the failure to so EVC carry out, or cause to be carried out, its obligations under this Agreement. 16. Reimbursement of Costs. The County will reimburse Owner his costs incurred in reviewing this Agreement, up to $2,000,.00. 17. Representations, Warranties and Covenants of Owner. Owner represents, warrants and covenants to the County, subject to the provisions of this Agreement, as follows: D. Easements. Prior to conveyance of the permanent ease- ments, Owner shall not create or permit to be created any further easements, leases, licenses or any other legal beneficial interest in and to the construction easement area without the prior written consent of the County, which consent shall not be unreasonably with- held. Owner shall do or cause to be done all things reasonably within its control to preserve intact and unimpaired the construction and permanent easement areas provided for in this Agreement in favor of the County. E. Default_ and Termination. Time is of the essence hereof. In the event of default by either party, the remedies upon default are as set forth below unless otherwise provided in this Agreement. In the event of default, the non -defaulting party, at its option, shall be entitled to either: (i) terminate this Agreement and receive the return of any and all amounts paid or rights conveyed hereunder; or (ii) treat this Agreement as being in full force and effect and obtain specific 91:10 A. Owner. Owner is the sole owner of the construction and permanent easement areas and has the right to convey the easements (including access thereto) to the County as herein provided. B. Breach. The execution by Owner of this Agreement and the consummation by Owner of the transactions con- templated herein do not and, at conveyance, will not result in a breach of any of the terms and provisions of, or constitute a default under any indenture, agreement, instrument, or obligation to which Owner is a party or, by which the property described on Exhibit p"A" or any portion thereof is bound. 1.. C. Actions. There are no actions, suits or proceedings pending or, to the knowledge of Owner, threatened again Owner affecting the easements herein provided for, at law or in equity, before or by any federal, state, municipal or other court, governmental department, com- mission, board, bureau, agency or instrumentality, domestic or foreign. D. Easements. Prior to conveyance of the permanent ease- ments, Owner shall not create or permit to be created any further easements, leases, licenses or any other legal beneficial interest in and to the construction easement area without the prior written consent of the County, which consent shall not be unreasonably with- held. Owner shall do or cause to be done all things reasonably within its control to preserve intact and unimpaired the construction and permanent easement areas provided for in this Agreement in favor of the County. E. Default_ and Termination. Time is of the essence hereof. In the event of default by either party, the remedies upon default are as set forth below unless otherwise provided in this Agreement. In the event of default, the non -defaulting party, at its option, shall be entitled to either: (i) terminate this Agreement and receive the return of any and all amounts paid or rights conveyed hereunder; or (ii) treat this Agreement as being in full force and effect and obtain specific 91:10 performance of this Agreement. No termination of this Agreement shall be made or action commenced with respect to an alleged breach hereof until the non - defaulting party has provided written notice itemizing the alleged breach and providing a reasonable oppor- tunity to cure. If the non -defaulting party is suc- cessful in any action for rescission, in addition to other remedies, such party shall be. entitled to a return of any and all amounts paid or property conveyed to the other party plus any and all expenses of such party in connection with the premises, including, but not limited to, reasonable attorneys' fees, reasonable engineers' fees and development costs. Upon ter- mination of this Agreement, both parties shall be released from all further obligations hereunder, except as set forth in this Paragraph. BOARD OF COUNTY COMMISSIONERS County of Eagle, Colorado DATE: — By Chairman F. Assignability. The rights of any of the parties under this Agreement may be transferred, assigned or other- wise conveyed without the consent of any other party, and the terms and provisions of this Agreement shall bind and inure to the benefit of the successors in O interest of all kinds of the parties. C C IN WITNESS WHEREOF, the parties hereto have executed this Agreement, in duplicate originals, on the day and year set forth below. BOARD OF COUNTY COMMISSIONERS County of Eagle, Colorado DATE: — By Chairman 4 Q C C DATE : / Z Zf % DATE: _�11.2 LE -7� DATE: 11421 Z 7 STATE OF COLORADO County of &# ss. OWNERS: ROSE M. RIMME L JOFA P. BEARD e� SUNNY BEAR The foregoing instrument was acknowledged before me this IgAi day of Jomt aryl , 190Pby a(rf H. W-elch , as Chairman of the Eag e County Board of Commissioners, and by Johnne-ff�,' �h%� , as Eagle County Clerk. WITNESS my hand and official seal. My Commission expires: Iq E� -ii.di p / V V w'� Notary Public -10- STATE OF COLORADO E61&) ss. County of The foregoing instrument was acknowledged before me this 1211 day of Ta nu -"X_, 19M, by ROSE M. KIMMELL. WITNESS my hand and official seal. My Commission expires: /9 qk /I r7 . Notary Public r y� STATE OF COLORADO ) ss. County of la j& ) CThe foreinstrument was acknowledged 2 day of (,t ut{, 19", by JOHN P. BEARD. WITNESS my hand and official seal. My Commission expires: %9 /%. IV V Notary Public -11- before me this STATE OF COLORADO ) ss. County of ) -1 )The foregoing instrument was acknowledged r2 day of ZQZ44u-a-ry , 19K, by SUNNY BEARD. 7-- T7 WITNESS my hand and official seal. My Commission expires:%9U4/997 VQ ¢s� a L 0 before me this &' -1-6. A�� Notary Public -12- EXHIBIT "A" A parcel of land located in Tract 85, Township 5 South, Range 85 West of the Sixth Principal Meridian according to the Independent Resurvey dated June 20, 1922, said parcel being more particularly described as follows: Beginning at a point from whence a properly marked and set brass cap set for corner No. 2 of said Tract 85 bears North 00°12'00" East 2990.30 feet; thence East 1324.04 feet; thence South 00°16'19" West 1152.1 feet; thence West 1322.6 feet; thence North 00°12'00" East 1152.1 feet to a place of beginning. 0-1 LEGAL DEsCozeruJm p8o90SED wazon LINE ExsoMumr An easement for a proposed water line twenty (20) feet in width, being five (5) feet on the Easterly side and fifteen (15) feet on the westerly aide of a described centerline, located in Tract 85' Township 5 South, Range 85 west of the Sixth Principal Meridian, Eagle County, Colorado according to the Independent Resurvey of said Township and Range as a�groved on June 20' 1922/ the centerline of said easement being more particularly described, with all bearings contained herein based on a bearing of m.00^12'00"s. between Corner No. 3 of Tract 85 and Corner No. 2 of Tract 85, both brass cap monuments found in place, as follows: Beginning at a point on the South line of Tract 85 from which Corner No.3 of said Tract 85 bears o.89154'24"w. 867.67 feet distant; thence along said centerline the following twelve (12) courses: 1) 0.4]"23'O\"w. 88.48 feet 2) 0.27054'12^W' 199'86 feet 3) m.32051'16"W' 297.37 feet 4) 0,38044'30"W. 203'88 feet 5) m.32047'42"W. 262'30 feet 6> m'02001'53"w. 35.28 feet 7> N.09004'54"u. 98'38 feet 8) w.25055'46"o. 97.56 feet 9) N.22040'06"E' 691.30 feet lO> 0'06081'07"u. 97'80 feet 11) 0'00047'33"s. 393'10 feet 12) 0'00018'58"W' 1238.16 feet to the point of terminus, a point on the North line of property as described in Book 253 at gage 953 of the Eagle County Records, from which said Corner No. ] of Tract 85 bears S'10005'24''W. 3511'69 feet distant and from which Corner mu 2 of Tract 85 bears 0.17058'25"w. 1933.81 feet distant. ' JK/86/237 QD O V EXHIBIT "C" WARRANTY EASEMENT DEED THIS DEED, made this day of _ JOHN P. BEARD and SUNNY BEARD, parties the BOARD OF COUNTY COMMISSIONERS OF COLORADO, whose address is P. O. Box 850, party of the second part: W I T N E S S E T H:, 1986, between of the first part , and THE COUNTY OF EAGLE, Eagle, Colorado 81631, That said parties of the first part, for and in con- sideration of Ten Dollars and other good and valuable con- sideration to the said parties of the First part and in hand paid by the said party of the second part, the receipt whereof is hereby confessed and acknowledged, has granted, sold and con- veyed and by these presents does grant, sell, and convey unto the said party of the second part, its heirs and assigns forever, the the purposes herein stated, the following described real property situate, lying, and being in the County of Eagle, State of Colorado, to wit: An easement on, under, over, through and across an area of land owned by the Grantor and described on Exhibit "A" attached hereto and incorporated herein by this reference (the "permanent easement area") for the purposes of constructing, operating, maintaining, repairing, installing, replacing, enlarging, improving, and removing water lines and appurtenant facilities necessary, useful, or proper to the transportation, use and distribution of water by the Grantee, together with a non- exclusive easement for reasonable access to the permanent ease- ment area over the property owned by the Grantor described in Exhibit "B" attached hereto and incorporated herein by this reference, such access easement to be for use by employees and authorized agents of the Grantee for the purpose of reasonable ingress and egress by vehicle, motor ve-hicle, foot or horseback in constructing, operating, maintaining, repairing, installing, replacing, enlarging, improving and removing said facilities. The easements herein conveyed shall be for the benefit of and appurtenant to the water system owned and operated by the Grantee and the real property used in connection with said system including, without limitation, the Eagle County Airport. The Grantee shall maintain the permanent easement area and the Grantee's facilities in good condition and repair and shall indemnify the Grantor against any loss or damage arising by reason of act or neglect of the Grantee. The Grantee's main- tenance of access shall be only so much as is necessary to allow or offset Grantee's use thereof. The Grantor hereby reserves the right to grant additional non-exclusive easements or licenses with respect to the per- -1- manent easement area for other purposes provided that no such othk.r easement or license shall be granted which would interfere with the reasonable use or operation by Grantee of its fac.li- tie- or the reasonable exercise of Grantee's rights hereunder, unless Grantee's consent shall first be obtained. Provided Grantor does not interfere with the Grantee's activities in the operation it its water system, Grantor may use in common with the Grantee the permanent easement area, except to the extent such use violates state or local law. The Grantor reserves the full right and authority to use any and all routes over which Grantee has access easement rights hereunder. TO HAVE AND TO HOLD the said easements above, described unto the said party of the second part, its successors and assigns forever, for the purposes hereinabove provided and that said party of the first part for its successors and assigns does covenant and agree to and with the said party of the second part and its successors and assigns that at the time of the ensealing and delivery of these presents, it is well seized of the per- manent easement area in fee simple and has good right, full power and authority to grant and convey the easements herein granted in the manner and in the form as aforesaid, and that the Ln permanent easement area is free and clear of all former and Oother grants, bargains, sales, liens, taxes, assessments, and C encumbrances of whatever kind or nature except: C 1. Reservations and exceptions contained in the United States Patents; 2. Easements and rights-of-way of record and easements and rights-of-way in use but not of record; 3. ,ineral reservations by predecessors in title and fights incident thereto; ?. General taxes for payable in ; 5. Special assessments, if any, of the Eagle County Soil Conservation District; All of the above in the records of the Clerk and Recorder of Eagle County, Colorado, and warrants title to the same. -2- l IN WITNESS WHEREOF, the said parties of the first part have hereunto set their hands and seals as of the day and year first above written. GRANTOR: JOHN P. BEARD SUNNY BEARD GRANTEE: GD BOARD OF COUNTY COMMISSIONERS C COUNTY OF EAGLE, COLORADO M ATTEST: County Clerk Chairman cac STATE OF COLORADO ss. County of The foregoing instrument was acknowledged before me this day of , 1986, by JOHN P. BEARD. WITNESS my hand and official seal. My Commission expires: Notary Public STATE OF COLORADO ss. County of The foregoing instrument was acknowledged before me this day of 1986, by SUNNY BEARD. WITNESS my hand and official seal. My Commission expires: Notary Public -4- V) STATE OF COLORADO ss. County of ) The foregoing instrument was acknowledged before me this day of , 1986, by , as Chairman of the Eagle County Board of Commissioners, and by as Eagle County Clerk. WITNESS my hand and official seal. My Commission expires: Notary Public -5- M C r. EXHIBIT "C" WARRANTY EAShMENT DEED THIS DEED, made this day of , 1986, between ROSE M. KIMMELL, party of the first part, and the BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, COLORADO, whose address is P. O. Box 850, Eagle, Colorado 81631, party of the second part: W I T N E S S E T H: That said party of the first part, for and in consideration of Ten Dollars and other good and valuable consideration to the said party of the first part and in hand paid by the said party of the second part, the receipt whereof is hereby confessed and acknowledged, has granted, sold and conveyed and by these pre- sents does grant, sell, and convey unto the said party of the second part, its heirs and assigns forever, the the purposes herein stated, the following described real property situate, lying, and being in the County of Eagle, State of Colorado, to wit: An- easement on, under, over, through and across an area of land owned by the Grantor and described on Exhibit "A" attached hereto and incorporated herein by this reference (the "permanent easement area") for the purposes of constructing, operating, maintaining, repairing, installing, replacing, enlarging, improving, and removing water lines and appurtenant facilities necessary, useful, or proper to the transportation, use and distribution of water by the Grantee, together with a non- exclusive easement for reasonable access to the permanent c:,se- ment area over the property owned by the Grantor described in Exhibit "B" attached hereto, and incorporated herein by this reference, such access easement to be for use by employees and authorized agents of the Grantee for the purpose of reasonable ingress and egress by vehicle, motor vehicle, foot or horseback in constructing, operating, maintaining, repairing, installing, replacing, enlarging, improving and removing said facilities. The easements herein conveyed shall be for the benefit of and appurtenant to, the water system owned and operated by the Grantee and the real property used in connection with said system including, without limitation, the Eagle County Airport. The Grantee shall maintain the permanent easement area and the Grantee's facilities in good condition and repair and shall indemnify the Grantor against any loss or damage arising by reason of act or neglect of the Grantee. The Grantee's main- tenance of access shall be only so much as is necessary to allow or offset Grantee's use thereof. The Grantor hereby reserves the right to grant additional non-exclusive easements or licenses with respect to the per- -1- Q C f manent easement area for other purposes provided that no such other easement or license shall be granted which would interfere with the reasonable use or operation by Grantee of its facili- ties or the reason ale exorciso of Grantee's Vlghts h teunder; unless Grantee's consent shali first be obtained. Provided Grantor does not interfere with the Grantee's activities in the operation it its water system, Grantor may use in common with the Grantee the permanent easement area, except to the extent such use violates state or local law. The Grantor reserves the full right and authority to use any and all routes over which Grantee has access easement rights hereunder. TO HAVE AND TO HOLD the said easements above described unto the said party of the second part, its successors and assigns forever, for the purposes hereinabove provided and that said party of the first part for its successors and assigns does covenant and agree to and with the said party of the second part and its successors and assigns that at the time of the ensealing and ,;.delivery of these presents, it is well seized of the per- manent easement area in fee simple and has good right, full power and authority to grant and convey the easements herein granted in the manner and in the form as aforesaid, and that the permanent easement area is free and clear of all former and other grants, bargains, sales, liens, taxes, assessments, and encumbrances of whatever kind or nature except; 1. Reservations and exceptions contained in the United States Patents; 2. Easements and rights-of-way of record and easements and rights-of-way in use but not of record; 3. Mineral reservations by predecessors in title and rights incident thereto; 4. General taxes for payable in 5. Special assessments, if any, of the Eagle County Soil Conservation District; All of the above in the records of the Clerk and Recorder of Eagle County, Colorado, and warrants title to the same. Eva IN WITNESS WHEREOF, the said party of the first part has hereunto set his hand and seal as of the day and year first above written. GRANTOR: ROSE M. KIMMELL GRANTEE: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, COLORADO N 0! By Chairman ATTEST: County Clerk STATE OF COLORADO } ss. County of } The foregoing instrument was acknowledged before me this day of , 1986, by ROSE M. KIMMELL. WITNESS my hand and official seal. My Commission expires: Notary Public -3- r STATE OF COLORADO } } ss. Coun*y,, of ) The foregoing instrument was acknowledged before me this day of , 1986, by , as Chairman of the Eagle County Board of Commissioners, and by , as Eagle County Clerk. WITNESS my hand and official seal. My Commission expires: . Notary Public -4-