HomeMy WebLinkAboutC87-006 Agreement with Gerald and Vera Best re: construction of water storage tank and water linesT
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C87-6-17
AGREEMENT
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10 i T CPHILLIPS
C CTY, RECORDER
JAN 11 It 13 AM '07
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. O. Box 850,
Eagle, Colorado 81631 (hereinafter referred to as the "County")
and GERALD E. AND VERA BEST, whose address is P. O. 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 certain property described on
Exhibit "A", attached hereto and incorporated herein by this
reference, upon which property the County desires to construct a
water storage tank and water lines for municipal, commercial,
industrial, domestic, fire protection, livestock watering, and
irrigation purposes; and
WHEREAS, Owner is the owner of water rights in and to the
Best Ditch as decreed in W-3598 in the District Court in and for
Water Division No. 5, Colorado, for 1.0 c.f.s. conditional (part
of which has been made absolute), with an appropriation date of
November 12, 1976, for irrigation, municipal, domestic, fire
protection, and livestock purposes; and the Best 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 Best
Ditch; and 0.1 c.f.s. in the Cooley L.E. No. l Ditch, decreed in
Civil Action No. 574 in the District Court in and for Eagle
County on February 27, 1912, for 1.0 c.f.s. for irrigation pur-
poses 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, which water rights owned by
Owner in the Cooley L.E. No. 1 and No. 2 Ditches were trans-
ferred to the point of diversion of the Best Ditch in Case No.
W-3599 in the Water Court in and for Water Division No. 5,
Colorado; 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
WHEREAS, the County must reach agreement with other land and
water rights owners on Spring Creek (Rose M. Kimmell, John P.
Beard, Sunny Beard, John D. Reimers, Julie A. Reimers, Richard
P. Hill and Catherine Hill) in order to acquire enough water
rights to operate its water 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
effect, and the County shall reconvey to Owner, the same title
WT and in the same manner, all water rights and easements pre-
LF3 viously conveyed by Owner to the County, unless on that date the
OCounty is diligently pursuing construction of a water system
C 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 conditional portion
of the Best 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 of the 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 applications'
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 either outside of or on
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 is a valid call for water on Spring Creek, Owner's
right to receive water hereunder shall be limited to that amount
in to which they are entitled under the water rights retained by
Othem, as further limited by Owner's obligation not to exercise a
C 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) (if the County's storage tank is located on land other than
Owner's) or six (6) (if the County's storage tank is located on
Owner's land) single-family dwelling units for the total pro-
perty 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 A irrigation —per—'unit.--No--more than an
aggregate 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 into e County s water
system and shall pay all regular, water rates for the
use of water. At the time the County connects then -existing
units onto the water system, it shall install a fire plug(s)
within 300 feet of each unit, either on the County's
-3-
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 con-
nection 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 including
the 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 work-
manship of said connections. However, the County's water system
and each connection 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 addi-
tional water service on the same terms and conditions as any
other water user, subject to existing and projected needs at and
around the airport, system capacity, water availability, and
then -existing zoning. The right to receive water service herein
o granted shall not in any way bind the County to grant or deny
any rezoning, subdivision 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-unit 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 water system shall be subject to the
rules, regulations and restrictions generally applicable to all
other water users on the system.
5. Road Upgrade. 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.
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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
—4—
or flow from the County's water system to the Gypsum water
system shall be subject to 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:
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 a storage tank, water lines, underground power
lines, treatment facilities, access and appurtenant facilities.
The County shall, to the extent reasonably practicable,
construct the storage tank on land other than Owner's land and
shall construct the tank on Owner's land only as a second alter-
native if, for example, a right-of-way cannot be obtained there-
for, if the conditions on any right-of-way permit are
unacceptable to the County, or for engineering considerations.
If the tank is on Owner's land, it shall, if financially prac-
tical, be located underground.
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
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A non-exclusive temporary construction easement under,
over, through and across a one hundred (100) foot wide
strip of land for pipeline and access purposes, and an
area 300 feet by 300 feet for construction of an above-
ground water storage tank and treatment facilities,
O(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, underground power lines, storage tank, treatment
facilities, 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 a storage tank, water lines, underground power
lines, treatment facilities, access and appurtenant facilities.
The County shall, to the extent reasonably practicable,
construct the storage tank on land other than Owner's land and
shall construct the tank on Owner's land only as a second alter-
native if, for example, a right-of-way cannot be obtained there-
for, if the conditions on any right-of-way permit are
unacceptable to the County, or for engineering considerations.
If the tank is on Owner's land, it shall, if financially prac-
tical, be located underground.
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
-5-
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
caused by Owner, or the parties hereto agree to extend the term
of the construction easement, in which event said twenty-four
month period shall be extended for so long as such conditions or
events exist.
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
O 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
the terms of this Agreement, the County shall cooperate with
Owner so as to locate and construct all facilities so as to
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 cen-
terline of the water lines. The exact location of the permanent
storage tank and treatment facilities and appurtenant easement
will be based on the location of such tank and facilities as
built and will consist of an area 200 feet by 200 feet. 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 boundaries 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 faci-
lities 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 con-
veyance by Owner to the County, and shall forward one full set
of such surveys with respect to the property described on
Exhibit"A" to Owner, together with the appropriate easement
deeds substantially 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.
10. Appurtenance. Without limiting other provisions of
this Agreement, all easements referred to in this Agreement
shall be for the benefit 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
C7
access thereto, which easements shall be free and clear of all
C 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
of its easements.
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
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:
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
am
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
0
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
"A" or any portion thereof is bound.
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
am
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
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.
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
interest of all kinds of the parties.
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 :RN��
Chairman
9"1
DATE:
OWNERS:
DATE:
VERA BEST
STATE OF COLORADO )
} ss.
County of )
The foregoing instrument was acknowledged before me this
�2JJ3 day of U& uAr. 19Pb07 by �L}ohn1d H. Welch , as
Chairman of the Eagle County Board of Commissioners, and by
an kla rlo e- 'ai l li p5 , as Eagle County Clerk.
WITNESS my hand and official seal.
My Commission expires:2 lq 37
J.
f
Notary Public
�Y
[Acknowledgements continued on following page]
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M
to
COLORADO
ss.
.-.',-tountv 8i2
9
The fore oing instrument was
. W-
.day of Ueirgitg,-O , 1986, by
ZgI WITNESS L4ESS my hand and official
My Commission expires:
STATE OF COLORADO
acknowledged before me this
GERALD E. BEST.
seal.
6P,11;14,e4� 6�� �-
Notary Public
ss.
County of
The foregoing instrument was acknowledged before me this
day of 1986, by VERA BEST.
`WTTNESS my hand and official seal.
'My Commission expires:
, VA
Wwww"', WA
N'otary Public
C"'
MrtI , "J b
EXHIBIT "A"
A parcel of land located in Tract 85, Township 5 South,
Range 85 West of the 6th Principal Meridian according to the
Independent Resurvey dated June 20, 1922, said parcel being more
specifically described as follows:
Beginning at a brass cap properly marked and set for Corner
No. 3 of said Tract 85; thence North 0112100" East 1154.45 feet;
thence East 1322.6 feet; thence South 0°16'19" West 1152.30
feet, also being a brass cap corner properly marked and set for
Corner No. 4 of said Tract 85; thence South 89°54'24" West
1321.16 feet to the place of beginning.
Together with an easement and right-of-way for road purposes
leading from the County road Southerly across Tract 80 to the
Northern line of Tract 85 as presently in place and in use.
Further commencing at the Northern boundary of said Tract 85 an
easement and right-of-way for road purposes twenty-five (25)
feet along each side of the center line of the existing road now
in place and in use, running in a Southerly direction to the
Northern boundary of the subject property. All being in
c" Township 5 South, Range 85 West of the 6th Principal Meridian,
OCounty of Eagle, State of Colorado.
C
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' F.XNTRTT "R11 ,l
I,KGAL, UI•;SCR I I''I' [C)tJ
PROMSE'D WATER LINT; EASI•M-I'N'I'
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 side 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 .Rant{e as approved on June 20, 1922
the centerline of said easement being more particularly described, with all
bearings contained herein based on a bearing of N.00°12'00"E. between Corner
No. 3 of Tract 85 and Corner No. 2 of Tract. 85, both brass cap monuments found
in place, as follow!::
Beginning at a point on the South line of TracL 85 from which Corner No. 3
of said Tract 85 bears 5.89054'24"W. 867.67 feet distant.; thence along said
centerline the following twelve (12) courses:
1)
2)
3)
4)
5)
6)
7)
8)
9)
10)
11)
12)
N.43023'01"W.
N.27"54' 12",q.
N.32051'16"W.
N.38°44'30"W.
N:32°47'42"W.
N.02001 '53"W.
N.09004'54%'.
N.25°55'46"lE.
N.22040'0611iE.
N.06001'07"E.
N.00°47'33"R.
N.00°18'58"W.
88.48 feet
199.86 feet
297.37 feet
202.88 feet
262.30 feet
35.28 feet
98.38 feet
97.56 feet
691.30 feet
97.80 feet
393.10 feet
1238.16 feet
to the point of terminus, a point on'the North line of property as described in
Book 253 at Page 953 of the Eagle County Records, from which said Corner No. 3
of Tract 85 bears S.10005'24"W. 3511.69 feet distant and from which Corner No.
2 of Tract 85 bears N.17°58'25"W. 1933.81 feet distant.
Date
JK/86/237
Return Gi:j�h__^!
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EXHIBIT "C"
WARRANTY EASEMENT DEED
THIS DEED, made this day of , 1986, between
GERALD E. BEST and VERA BEST, parties of the first part, and the
BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, COLORADO,
whose address is P. 0. Box 850, Eagle, Colorado 81631, party of
the second part:
W I T N E S S E T H:
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,
LO State of Colorado, to wit:
C
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, p g, installing, replacing, enlarging,
improving, and removing a water storage tank, water treatment
facilities and appurtenant facilities, water lines, and under-
ground power lines necessary, useful, or proper to the transpor-
tation, use and distribution of water by the Grantee, together
with a non-exclusive easement for reasonable access to the per-
manent easement 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-
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 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
C power and authority to grant and convey the easements herein
C granted in the manner and in the form as aforesaid, and that the
C 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.
-2-
STATE OF COLORADO
ss.
County of )
The foregoing instrument was acknowledged before me this
day of , 1986, by GERALD E. BEST.
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, VERA BEST.
WITNESS my hand and. official seal.
My Commission expires: .
Notary Public
-3-
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
-4-
