HomeMy WebLinkAboutC87-026 Extension Agreement to Reimers agreement book 456, page 99y-AC2
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C89-23-17
EXTENSION AGREEMENT
THIS AGREEMENT is entered into as of the last 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 "Countj%") and
JOHN D. REIMERS AND JULIE A.. REIMERS, whose address is 1630
Spring Creek Road, Gypsum, Colorado 81637; and RICHARD D. HILL
AND CATHERINE HILL, whose address is 1610 Spring Creek Road,
Gypsum, Colorado 81637 (hereinafter referred to as "Owners") ;
W I T N E S S E T H:
0 0 WHEREAS, the County- and Owners entered into an agreement
o dated January- 12, 1987, and recorded January 19, 1987, in Book
456 at Page 99 as Reception No. 352332 in the Office- of the
Clerk and Recorder of Eagle County, Colorado; and
U :. WHEREAS, Paragraph 1 of said agreement provides, inter alfa,
W that said agreement is contingent upon certain events within 24
months of the date of said agreement; and ,
WHEREAS, the parties desire to extend said period.
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NOW, THEREFORE, for and in consideration of good and
valuable consideration, the receipt and sufficiency of which is
hereby acknowledged by -the parties, it is hereby agreed as
follows:
1. The time period for the contingencies in the above -
referenced agreement contained in Paragraph 1 as set forth above
shall be extended an additional 24 months, until, January 12,
1991.
2. All other provisions of said agreement shall remain in
full force and effect.
BOARD OF COUNTY COMMISSIONERS
OF EAGL CC NTY , COLORADO
Date: �,�� ;? l ���j
nick Gustaf_ n, Wairma
Date: _� t a /Attest:�-b-i�✓� ' -��.�
ohryette Phillips, Cterk to the Board
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Date:
OWNERS:
JOHN D. REIMERS
Date:
JULIE A. REIMERS
Date:
RICHARD D. HILL
Date: /O .3
CATHERINE HILL
397013 B-500 P-824 02/22/89 16:23 PG 2 OF 5
•J
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Date:
Date: '
Date:
OWNERS:
J N D. REIMERS
CL i
ZTUL E A. REIMERS
RICHARD D. HILL
Date:
CATHERINE HILL
397013. B-500 P-824 02/22/89 16:23 PG 3 OF 5
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C)
STATE OF COLORADO )
) ss.
County of Eagle )
The foregoing instrument was acknowledged before me this
21st day of February . , 1989, by Richard L. Gustafson, Chairman vTf=
of the Board of County Commissioners of the Co:anty of
Eagle, Colorado.
WITNESS my hand and official seal.
My Commission expires: 19 July 1991
Notary Public
STATE OF COLORADO )
ss.
County of )
The foreg ing instrument was acknowledged before me this
/4-16 day of .ti , 1988, by JOHN D. REIMERS and JULIE A.
REIMERS.
WITNESS my hand and official seal.
My Commission expires: //-/9-J
ARI,�,
Not ry blic
397013 B-500 P-824 02/22/89 16:23 PG 4 OF 5
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STATE OF COLORADO )
C ) ss.
County of. C ,F le. )
The foregoing instrument was acknowledged before mfg this
3(S- day of Off, fG a 1988, by RICHARD D. HILL and
CATHERINE HILL.
WITNESS my hand -and official seal.
My Commission expires:
�t - Notary Public
•'S - ` Vii, ^ -'
G*' .r4tr: ct sa
397013 B-500 P-824 02/22/89 16:23 PG 5 OF 5
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1XIM
LEAVENWORTH, LOCHHEAD car MILWID, P. C.
ATTORNEYS AT LAW
LOYAL E. LEAVENWORTH 1011 GRAND AVENUE
JAMES S. LOCHHEAD P. 0. DRAWER 2030
PETER A.MILWID GLENWOOD SPRINGS, COLORADO 81602
February 2, 1987 TELEPHONE: (303) 945-2261
John D. and Julie A. Reimers
EES
r ;fits
1630 Spring Creek Road -~
Gypsum, CO 81637
Richard D. and Catherine Hill
1610 Spring Creek Road
Gypsum, CO 81637
Dear John, Julie, Rick, and Cathy:
Enclosed for your records are copies of the recorded water
service agreement with Eagle County. I have received the deed
for water rights from you and have recorded that at the Eagle
County Clerk and Recorder's office as well. As soon as I
receive the recorded document, I will forward a copy on to you.
If at any time you have any questions or comments regarding
this agreement, please do not hesitate to give me a call.
Very truly yours,
LEAVENWORTH, LOCHHEAD & MILWID, P.C.
1
aures S. ochhead
JSL:rlbn
Enclosure
cc: James Fritze, Esq. w/enc.
C87 -26-1T (�NNEIIE PHILLIFS
���/ C�,GL� CT°t. i�e.ti08G�"n.
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AGREEMENT
THIS AGREEMENT, er, -'A i,:, ; as of the last date wri+ ten
belo-w, b%- and between the BOARD OF COUNTY COMMISSIONERS OF THE
COUNTY OF EAGLE, COLORADO, whose address is P. O. Box 850,
Eagle, Coiorado, 81631 (hereinafter referred to as the "County")
and JOHN D. REIMERS and JULIE A. REIMERS, whose address is 1630
:Spring Creek Road, Gypsum, Colorado, and RICHARD D. HILL and
CATHERINE HILL, whose address is 1610 Spring Creek Road, Gypsum,
Colorado (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 n3tential
source of water supply therefor; and
WHEREAS, Owner is the owner two parcels of land described on
Exhibit "A", attached hereto and incorporated herein by this
Vr reference, upon which property the County desires to construct
�j water lines for municipal,' commercial, industrial, domestic,
C fire protection, livestock watering, and irrigation purposes;
and
vHEREAS, Owner is the owner between them of water rights in
and to 0.1 c.f.s. in the Cooley L.E. No. 1 Ditch, d, --creed in
Civi. 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 Johnson Ditch, decreed in Civil Action No. 294 in the
District Court in and for Eagle County on December 17, 1889, for
0.8 c.f.s. for irrigation purposes with an appropriation date of
April 15, 1885; 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 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 water rights and
easements from Owner in exchange for providing water service to
Owner as more fully set forth herein.
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. Contin9encies. This Agreement is expressly contingent
on the County developing a water supply system for water service
to, among other things, the Eagle County Airport and for
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surrounding uses. This Agreement shall not come into effect
until and unless the County develops said system as herein pro-
videc. In the event the construction of the facilities across
Owner's property has not: t^, n -ompleted twenty-four ( 24 ) months
from the date hereof, this Agreement shall be =lull and void and
of no further force and affect, and the County shall reconvey to
Owner, the same title and in the same manner, all water rights
and easements previously 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 delay is caused by the Owner, or the
parties hereto agree to extend the term of this Agreement. This
Agreement is further contingent upon Owner obtaining subor-
dination of any existing deeds of trust to the easements con-
veyed and to be conveyed herein so as to convey merchantable
title to said easements to the County. Owner shall promptly
apply to his lender(s) 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 contingency.
2. Water Rights. Owner has, by Quit -Claim Deed of even
date herewith, conveyed to the County Owner's water rights in
Lf) Cooley L.E. No. 1 Ditch and and Johnson Ditch. County shall, at
its expense, file appropriate applications in the Water Court in
p and for Water Division No. 5, Colorado, to divert the full
C amount of said water rights at the points of diversion, places
of use, and for the purposes contemplated herein.
3. 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 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 owned by the
Owner and described on Exhibit "A", together with not more than
5,000 square feet of associated lawn and garden irrigation for
each single-family dwelling unit, together with associated stock
water uses. The Owner shall also have the right to install two
(2) separate irrigation taps for sprinkler irrigation for not
more than five (5) acres of pasture at each of the two proper-
ties described on Exhibit "A" (ten acres total). 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 to the
County 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 bey 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 regular and special 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 transmission line or on the con-
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netting line (in which
least six (6) inches in
Any remaininq units witl
syst-in shall utilize the
plugs at their own expe
For all connections, ex:
sibility shall terminatE
County's transmission lin
s ible for all operation <
nection to and within tY
warranties, express or it
or workmanship of said co
system and Owner's conn(
deliver at least 70 p.s.
the irrigation taps, and
two hours at the above
purcn ase additional taps
tional water service on
other water user, subject
,ase the connecting line shall be at
diameter to the point of the plug(s).
the riqht to tap onto the County's
existing plug(s) or may install other
ise and with the County's permission.
sting and future, all County respon-
at the point of connection to the
Each dwelling unit shall be respon-
nd maintenance from said point of con-
e dwelling unit. The County makes no
plied, concerning defects in materials
Znections. However, the County's water
ctio ns shall be constructed so as to
to the domestic taps, 110 p.s.i. to
fire flows of at least 500 g.p.m. for
referenced fire plugs. Owner may
into the water system and receive addi-
the same terms and conditions as any
to existing and projected needs at and
around the airport, system capacity, water availability, and
then -existing zoning. All sprinkler equipment for pasture irri-
gation shall be installed and maintained at the sole expense of
t1� Owner. This right to receive water service herein granted shall
not in any way bind the County to grant or deny any rezoning,
Q subdivision or other land use approval for the use and develop-
ment 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-
nection shall be metered and total water use through the connec-
tion 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 28,500 gallons in any
one month per single-family dwelling unit served during the
period April through September of .each year. Water use for
sprinkler pasture irrigation shall not exceed 620,000 gallons
per month, at each of the two properties shown on Exhibit "A",
at a maximum rate of 3? c.p.m. at each property, during the
period April through September. For any water use over the
above limitations, Owner, their successors and assigns shall pay
to the County 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 same rules, regu-
lations and restrictions as apply generally to all other water
users on the system.
4. 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 rights under this Agreement.
5. Construction Easement. The County will construct its
water system as shown on Exhibit "B" in accordance with the
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plans and specifications of the County. The County agrees that
the facilities as constructed 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 with-
held.
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:
A non-exclusive temporary construction easement under,
over, through and across a one hundred (100) foot wide
strip of land for pipeline, power lines, and access
purposes, (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 eqress over, across and through the pro-
perty described on Exhibit "A", for the purpose of
contructing power lines and water lines, and all appur-
tenant 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 power lines, water lines, access 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 completed 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, the delay is caused by Owner, or the parties
hereto agree to extend to term of the construction easement.
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-
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Cl�
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 an6 restored by appropriate methods, including
vegetation to the extent reasonably practical.
6. 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 line 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 cen-
terline 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 water lines, access and appur-
tenant facilities are completed, the County shall cause to be
prepared at the County's expense an as -built survey of the water
lines, appurtenant facilities and access, for the purpose of
QD describing said easements for conveyance by Owner to the County,
C� and shall forward one full set of such surveys with respect to
Cthe property described on Exhibit "A" to 'Owner, together with
C the appropriate easement deeds substantially in the form
attached hereto as Exhibit "C".
7. Notice to. Convey. At such time as the County has
constructed all facilities and has completed as -built surveys as
set forth in Paragraph 6, 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 6above.
8. 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.
9. 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 permanent easement area, as by way
m7z
of example but not limitation,
lines, or roadway use, provided
be permitted to interfere with
of its easements.
for electric
that any such
the reasonable
lines, telephone
grantee shall not
use by the County
10. 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 Thereof. 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
11.. 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 of local law. Except as otherwise
herein provided, all easements to be granted to the County
hereunder are non-exclusive easements.
12. 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.
13. Indemnification. The County hereby agrees to
construct, operate and maintain its facilities in a good and
workmanlike manner and shall indemnify Owner aqainst 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.
14. Representations, Warranties and Covenants of Owner.
Owner represents, warrants and covenants to the County, subject
to the provisions of this Agreement, as follows:
A. Owner. Owner is the sole
permanent easement areas
the easements (including
as herein provided.
owner of the construction and
and has the right to convey
access thereto) to the County
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.
r
C. Actions. There are no actions, suits or proceedings
pending or, to the knowledge of Owner, threatened
against Owner affecting the easements herein provided
for, at law or in equity, before or by any federal,
state, municipal or other court, governmental depart-
ment, commission, board, bureau, agency or instrumen-
tality, 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.
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.
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E. Default and Termination. Time is of the essence
hereof. In the event of default by either party, the
O
remedies upon default are as set forth below unless
C
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.
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f
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: ,' , 6 iZ By _ &1'%K.\v o �1,c� k
Chairman `
DATE: � _ 3r"
DATE: (0/3/0%0__.
DATE:
DATE:
OWNERS:
U IE A. REIMERS
RICHARD"D. HILL
CATHERINE HILL
C'
STATE OF COLORADO )
) ss.
County of lq j& )
The foregoing instrument was acknowled ed before me this
day of n " ar , 1987, by r►Gt lG� oe lc h , as
Chairman of the Eag16 County Board of Commissioners, and by
Sntnhas-I a hillIiDS , as Eagle County Clerk.
WITNESS my hand and official seal.
My Commission
expires: %q�S7
F
s' »?
Notary Public
N
C
C
STATE OF COLORADO )
) ss..
County of <��'4,/ )
The foregoing instrument was acknowledged before me this
J,150 day of 1986, by JOHN D. REIMERS.
WITNESS my hand and official seal.
My Commission expires:
AA/11
otary Publi
STATE OF COLORADO }
ss.
County of }
The foregoing instrument was acknowledged before me this
3 day of 1986, by JULIE A. REIMERS.
WITNESS my hand and official seal.
My Commission expires: 4zlfl�
7�'
zz&
Notary Publi
STATE OF COLORADO )
) ss.
County of e�4r—/- )
The foregoing instrument was acknowledged before me this
c:5124 day of _Z,o� , 1986, by RICHARD D. HILL.
WITNESS my hand and official seal.
My Commission expires: 5'1,6
otary Publi
-10-
STATE OF COLORADO )
ss.
County of
The foregoinq instrument was acknowledged before me this
day of �_ _ _ ___, 1986, by CATHERINE HILL.
WITNESS my hand and official seal.
My Commission expires: --
-11-
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, being more par—
ticularly described as follows:
Beginning at a point from whence a brass cap properly marked
and set for Corner Number 2 of said Tract 85 bears North
00°12'00" East 1839.45 feet; thence East 1325.48 feet; thence
South 00°16119" West 1150.85 feet; thence West 1324.04 feet;
thence North 00012100" East 1150.85 feet to the place of
beginning. Together with an easement for the purpose of ingress
and egress, forty (40) feet in width, beginning at the Northern
boundary of said Tract 85 and running in a Southerly direction
to Northern boundary of the subject property. County of Eagle,
State of Colorado.
EXHIBIT "A"
A parcel of land being in the northerly portion of Lot "B"
in Tract 85, Township 5 South, Range 85 West of the 6th
Principal Meridian, said parcel being more specifically
described as follows:
Beginning at the Northwest corner of said Lot "B", whence a
brass cap properly marked and set for Corner 2 of said Tract 85
bears North 00112100 East 1839.45 feet; thence East 1325.48
feet to the Northeast corner of said Lot "B", thence South
00116'19" West along the easterly line of said Lot "B" 290.90
feet; thence South 66148130" West 1443.78 feet to a point on the
westerly line of said Lot "B", thence North 00°12100" East along
the westerly line of said Lot "B" 859.48 feet to the place of
beginning. County of Eagle, State of Colorado.
LEGAL DESCRIPTION
PROPOSED WATER LING EASEMENT
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, Town! -,hi[) 5 South, Range 85 West of
the Sixth Principal Meridian, Eagle County, Colorado a(:corcling to the
Independent Resurvey of said Township and Range 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 Tract. 85 from which Corner No. 3
of said Tract 85 hears S.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.43°23'01"W.
N.27054 t -'„w.
N.32051'16"W.
N.38044 '30"w.
N.32047'42"W.
N.02001 '53"W.
N.09004'54"E.
N.25055',16"h.
N.22040'0611i;.
N.06001'07"E.
N.00047'33"E.
N.00018'58"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.17058125"W. 1933.81 feet distant.
Date
JK/86/237
XC I DEP-f.
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01
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Stepi�en R. Wujek_� PLS:Y22589�r:_
EXHIBIT "C"
WARR/%1" '`f 1. % T,',. TT DFFFn
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 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
-1-
THIS DEED, made this day of , 1986, between
RICHARD D. HILL and CATHERINE HILL, 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 NE S S E T H:
That said parties of the first part, for and in considera-
tion of Ten Dollars and other good and valuable consideration 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 con-
fessed and acknowledged, has granted, sold and conveyed and by
these presents does grant, sell, and convey unto the said party
of the second part, its heirs and assigns forever, the the pur-
poses herein stated, the following described real property
situate, lying, and being in the County of Eagle, State of
OJ
Colorado, to wit:
c{+
pAn
easement on, under, over, through and across an area of
C
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 power lines necessary,
useful, or proper to the transportation, use and distribution of
water oy the Grantee, together with a non-exclusive easement for
reasonable access to the permanent easement area over the pro-
perty owned by the Grantor described in Exhibit "B" attached
hereto and incorporated herein by' this reference, sucfh 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 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
-1-
M
C
C
C-1
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 righL,% her_eLinde rt
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
parties 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 ana
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-
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.
ATTEST:
County Clerk
GRANTOR:
RICHARD D .HILL
CATHERINE'HILL
GRANTEE:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, COLORADO
By
Cha-------
-3-
STATE OF COLORADO )
County of ss.
)
The foregoing instrument was acknowledged before me this
day of , 1986, by RICHARD D. HILL.
WITNESS my hand and official seal.
My Commission expires:
Notary Public
STATE OF COLORADO )
County of ss.
Lei
)
O
The foregoing instrument was acknowledged before me this
day of , 1986, by CATHERINE D.
HILL.
WITNESS my hand and official seal.
My Commission expires:
Notary Public
-4-
STATE OF COLORADO )
Countyof ) ss.
)
The foregoing instrument was acknowledged day of 1986, b 9 before
as Chairman of the y me this
Eagle County Board
of Commissioners, and by
�. Count
as. Eagle
WITNESS m Y Clerk .
Y hand and official seal.
My Commission expires:
Notary Public
-5-
