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HomeMy WebLinkAboutC01-258 Grant of Easement to Town of Gypsum,- - 7c, 77 t0 Page: 0/19!2001 01:09P Sara J Fisher Eagle, CO 174 R 0.00 D 0.00 The County of Eagle, State of Colorado, a body corporate and politic ( "County" or "gramor "), record owner of the real property described below, for valuable consideration, duly paid, receipt of which is hereby acknowledged, and the further consideration of the performance of the covenants and agreements by the grantee as set out and expressed below, does hereby grant, r­ rdse, and relinquish to the Town of Gypsum ( "Gypsum" or "gr €. ±ee "), State of Colorado, a body corporate and politic, its successors and assigns, the pe -)etual, non - •exclusive right, privilege, and easement to use and occupy the real property described on Exhibit "A" attached hereto and incorporated herein by this reference together with any and all water and sewer mains and related facilities and appurtenances located therein, for the purposes and subject to the conditions described below. �I GRANT OF EASEMENT As a further consideration of this grant, grantee agrees as follows: SECTION ONE CIRCUMSTANCES SURROUNDING THIS GRANT 1. County owns and operates the Eagle County Regional Airport in Eagle County, Colorado ( "Airport"), in and adjacent to Gypsum. 2. Gypsum owns and operates the sanitary sewer system providing service to the Town of Gypsum. A sewer line runs roughly parallel to the Airport, on its north side, along Highway 6. 3. Gypsum owns and operates the potable water system providing service to the Town of Gypsum. A potable water line runs roughly north -south in an easement through the Airport to the west of the Airport's North Ramp, an area with undeveloped vacant lands and developed taxiways, hangars and facilities on the north side of the Airport. 4. Airport wants the sanitary sewer and potable water services extended to the North Ramp for the purposes of further developing the north side of the Airport. Airport has leased certain premises on the north side of the Airport to the Colorado Department of Military Affairs ( "CDMA "), for development of facilities there for its Air National Guard adjacent to existing Air National Guarad facilities. 5. CDMA has agreed with Gypsum to construct sanitary sewer and potable water line improvements to serve the North Ramp which it will turn over to Gypsum upon completion and Gypsum's acceptance of the construction. 6. County owns a right of way, crossing private property, from the North Ramp of the Airport to Highway 6, designated as a County Road (commonly known as "Airport Road "). G:\Paralegal \Contracts \Gypsum CANG Easement.wpd 770300 Page: 2 of 7 /0919/2001 01:09p: Sara J Fisher Eagle, CO 174 R 0.00 D 0.00 7. County and Gypsum want to provide a single utility easement to provide the extension of the sanitary sewer service and potable water service to the North Ramp of the Airport. SECTION TWO LOCATION OF EASEMENT 8. The easement provided herein is as described on Exhibit "A" attached hereto. The location of the easement is as shown on the diagram att� c'1ed to this it Ft.rument marked as Exhibit "B" and by this reference made a part of this instrument. 9. Whenever, in the reasonable opinion of County, the pipeline interferes with County's use of or operations on the premises, County may, at its own expense and risk and consistent with Gypsum public works standards, lower or relocate and reconstruct the pipelines to the depth or along the route specified by County in the request. Gypsum will cooperate in engineering any such relocation. Upon a relocation affecting the legal description of the easement, County shall give written notice of the new location to Gypsum and record the revised description as an addendum to this Grant of Easement. SECTION THREE PURPOSE FOR THE EASEMENT 10. The easement identified on Exhibit "A" is solely for the purpose of excavating and grading for and constructing, reconstructing, replacing, removing, repairing and maintaining an underground sanitary sewer service pipeline and a potable water service pipeline, and related facilities and appurtenances, with a right of way on, along, and in all of the strip of such real property, and for no other purpose whatsoever. The easement includes the right of ingress and egress to and over the Airport to such easement by such routes as shall cause the least damage and inconvenience to grantor, subject to the conditions stated herein. SECTION FOUR LIMITATIONS ON EASEMENTS 11. County reserves the right to use and enjoy the easement property to the fullest possible extent without unreasonable interference with the exercise by Gypsum of the rights granted herein. County reserves the right to place along, across and over the easement as many roads, streets, sidewalks, passageways, electric lights and power lines, water lines, sewer lines, gas lines, telephone poles, telephone lines and other utilities as grantor may desire. However, the rights related to such utilities shall be subordinate to the rights of Gypsum granted herein. If any utility line is placed parallel to the easement, these lines shall not be placed directly over any pipeline in the easement. 12. County shall designate the final grade of the surface in areas of the easement property in which initial construction or reconstruction of a pipeline will take place. Except as required by 2 G:\Paralegal \Contracts \Gypsum CANG Easement.wpd 770300 /0919/2001 01:09P; Sara J Fisher Eagle, CO 174 R 0.00 D 0.00 such designation, Gypsum shall in no circumstances alter the grade of the land surface, and any temporary alteration necessary for pipeline construction or service shall be promptly restored. 13. The rights herein include the rights to install above - ground structures appurtenant to the pipelines, provided that such structures shall be kept to a minimum reasonably required for the operation and maintenance of the pipelines; provided further that such structures do not exceed a height of more than three inches (3") above the surface grade, or such lesser height as maybe required to conform to Federai viatior : Administration rules and regulations applicable to the Airport. 14. All construction, subsurface, surface and above - ground, permitted by this instrument, within the safety areas, shall be constructed with the capacity to carry the maximum landing weight of aircraft regularly using the Airport, as that may be defined by the Federal Aviation Administration. The safety areas are the areas within two hundred fifty feet (250') on either side of the centerline of any runway, within one hundred fifty feet (150') on either side of the centerline of any taxiway, or within one thousand feet (1000') of the end of any runway or taxiway, or as may otherwise be designated from time -to -time by the Federal Aviation Administration. 15. Access to the fenced areas of the Airport shall be limited to the times and routes designated from time -to -time by and at the sole discretion of the County. In all events, persons accessing such areas must comply with the Airport Security Plan, Federal Aviation Administration security rules and regulations, and such other Airport Rules and Regulations as may be applicable to the Airport. 16. Emergency construction, reconstruction, replacement, removal, repair and maintenance within the fenced areas of the Airport shall require prior notice to the Airport Manager or his designee and coordination with the County to minimize the impact on Airport operations. Non - emergency construction, reconstruction, replacement, removal, repair and maintenance within the fenced areas of the Airport shall require at least 48 hours prior notice to the Airport Manager or his designee, and shall be limited to off -peak air traffic hours as designated from time -to -time by and at the sole discretion of the County. 17. Access to the areas of the easements not within the fenced areas of the Airport shall be at all reasonable times with a view to minimizing interference with Airport operations and Airport customers. 18. Gypsum agrees that it shall maintain and use the easement granted by this instrument in such a manner that the operation of it will not hinder or prevent the proper and reasonable use and enjoyment of the property through which the easement is granted. 19. Gypsum shall use the rights granted by this instrument with due regard to the rights of others in and their use of such easement, and to the extent reasonably possible Gypsum shall not 3 G:\Paralegal \Contracts \Gypsum CANG Easement.wpd 111FIOI-1093/2001 0 ° :..,o Sara J Fisher Eagle, CO 174 R 0. 00 D 0.00 construct or maintain its pipelines in such a manner as will impair the rights of others to use the easement or obstruct thy: passage of other utilities therein. 20. Grantee further agrees to pay any and all damages to growing crops or fences that may arise from the constnzction, maintenance and operation of the pipeline or pipelines. SECTION FIVE MISCELLANEOUS PROVISIONS 21. This easement and the rights provided herein are not assignable by Gypsum except to a public entity in the event the sanitary sewer system or water system, as the case may be, is transferred by Gypsum to such public entity. In such event, Gypsum shall promptly give notice to County of the assignment. Without limiting the provisions of the preceding sentence hereof, this easement shall bind and inure to the benefit of the respective successors and assigns of the parties hereto. IN WITN SS WHEREOF, each party to this easement has caused it to be executed effective as of I2LO6. A_ qU 200L. Ce�.7�►(fiC�7�1 COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS ATTEST c��ier to the Boar 0 _ �r� m tone, diArman Commissioners County ACCEPTANCE: This easement is accepted by the Town of Gypsum. 4 GA\Paralegal \Contracts \Gypsum CANG Easement.wpd AUGUST 29, 2001 REV. SEPT. 17, 2001 REV. OCT. 01, 2001 COLORADO ARMY NATIONAL GUARD HIGH ALTITUDE AVIATION TRAINING SITE WATER AND SEWER EXPANSION UTILITY EASEMENT A PARCEL OF LAND DEDICATED AS A UTILITY EASEMENT LOCATED IN SECTIONS 3 AND 4, TOWNSHIP 5 SOUTH, RANGE 85 WEST OF THE 6' P.M, COUNTY OF EAGLE, STATE OF COLORADO IN ACCORDANCE WITH A PLAN ENTITLED EASEMENT #1, DATED 10 /01 /01, BEING MORE FULLY DESCRIBED AS FOLLOWS: COMMENCING AT CORNER 4 OF TRACT 58, IN SAID SECTION 3; THENCE S73 °38'59 "W, 2028.89 FEET TO THE POINT OF BEGINNING, FROM WHENCE THE SOUTHWEST CORNER OF A PARCEL RECORDED IN BOOK 131, PAGE 115, BEARS N56 °10'16 "E, 374.36 FEET. THENCE, N11 °59'55 "W, 25.15 FEET; THENCE, N84 °16'16 "E, 285.15 FEET; THENCE, N00 °00'00 "E, 109.15 FEET; THENCE, N18 °45'46 "E, 404.43 FEET; THENCE, N72 055'18 "E, 845.37 FEET TO A POINT ON THE NORTHERLY LINE OF SAID PARCEL RECORDED IN BOOK 131 PAGE 115; THENCE, S89 002'54 "E ALONG SAID NORTHERLY LINE, 1715.46 FEET; THENCE, N56 °26'51 "E, 269.29 FEET; THENCE, S84 °56'37 "E, 184.89 FEET; THENCE, S05 °03'23 "W, 18.00 FEET; THENCE, N84 °56'37 "W, 165.32 FEET; THENCE, S22 °30'00 "E, 16.80 FEET; THENCE, S67 030'00 "W, 18.00 FEET; THENCE, N22 030'00 "W, 19.88 FEET; THENCE, S57 020'14 "W, 158.96 FEET; THENCE, N90 °00'00 "E, 60.79 FEET; THENCE, S00 °00'00 "E, 29.85 FEET; THENCE, N89 °50'19 "E, 35.50 FEET; THENCE, S00 009'41 "E, 16.54 FEET; THENCE, N89 050'19 "E, 214.94 FEET; THENCE, S00 °09'41 "E, 18.00 FEET; THENCE, S89 050'19 "W, 240.48 FEET; THENCE, S00 009'41 "E, 14.00 FEET; THENCE, S89 °50'19 "W, 18.00 FEET; THENCE, N00 009'41 "W, 14.00 FEET; THENCE, S89 050'19 "W, 10.05 FEET; THENCE, N00 °00'00 "W, 46.44 FEET; THENCE, S90 000'00 "W, 56.06 FEET; THENCE, S56 °26'51 "W, 84.09 FEET; THENCE, N89 °02'54 "W, 1719.26 FEET; THENCE, S72 °55'18 "W, 828.62 FEET; THENCE, S18 °45'46 "W, 387.52 FEET; THENCE, S00 °00'00 "W, 127.64 FEET; THENCE, S84 016'16 "W, 305.02 FEET TO THE POINT OF BEGINNING. CONTAINING AN AREA OF 2.31 ACRES, MORE OR LESS. BASIS OF BEARING BEARINGS ARE BASED ON AN ASSUMED BEARING OF S00 026'58 "W ALONG THE WESTERLY LINE OF BLM TRACTS 56 AND 57 BEING MONUMENTED BY A USGLO 3'/4" BRASS CAP AT THE NORTHWEST CORNER OF TRACT 56 AND A USGLO 3'/4" BRASS CAP BEING A WITNESS CORNER TO THE SOUTHWEST CORNER OF TRACT 57. Y -. PREPARED BY: JEREMY J. MONTROSE, EIT REVIEWED BY: RICHARD A. NOBBE, PLS FOR AND ON BEHALF OF MARTIN /MARTIN CONSULTING ENGINEERS 4251 KIPLING ST. WHEAT RIDGE, CO 80033 (303) 431 -6100 (303) 431- 4028(FAX) G:\SMADES\IiAATS\BASE\EASEMENTS\8-16-01\ESMT-10-01-Ol.DOC Page: 5 of 7 1111111 11111111111111111111111111111111 10/19/2001 01:09P EXHIBIT _ Li D ( I 0 n ll ll n J ll n i L L J L D 111111111 Jill 1111111111111111111111111 �7 Sara J Fisher Eagle, Co 174 R 0. 00 D 0.00 NORTH LINT- OF PARCEL 2 BK 131 PG 115 AND NORTH LINE OF AIRPORT AIRPORT BOUNDARY LINE LEHMANN PROPERTY / y � - / j�30 F rr / PARCEL 2 5<1,3111115 ,- + / SOUTHWEST CORNER r�PARCEL 2 3.3859 "W S� 2028 gg Lc^ , J SOUTHEAST CORNER (CORNER #4) OF TRACT 58 m Z 3 z — ----� (3 1/4" Aluminum Cap on N1' Tail Steel Post, ° m CO I- L33 Stomped as Shown) < W o g m ° IQ _TRUE POINT OF BEGINNING SOUTHWEST CORNER (WITNESS CORNER #3) OF TRACT 57 (3 1/4" Brass Cap Stamped as Shown) USGLO WC TR 57 EXHIBIT TR 60 3 �? 2 TR 80 1918 REV. OCT. 01, 2001 REV. SEPT. 17, 2001 AUGUST 29, 2001 EXHIBIT 1 HAATS EASEMENT #1 300 150 0 300 600 SHEET 1 SCALE 1"= 300' MARTIN / MARTIN ; �CONS.LTING„ ENGINEERS 4251 KIPLING P.O. Box 4001 WHEAT RIDGE. 00 80034 303.43 1 .51 ❑0 FAX 303.431 .4028 6 C� 1 a ♦ e Cn W O O 00 ul 41 C: N E N 0 W I / N En 0 m (n � I Q Q L6 V) Ld Q G7 L H LI.1 Ld (A W Lj LLJ Z J U� I- Q I 0 ul 0 c 0 E 0 \ 0 O Lil Q 0 Q J n LAPIN PROPERTY �111 Jill ?70300 Page: 0/19/2001 01:09P Sara J Fisher Eagle, CO 174 R 0.00 D 0.00 L2 //T5S R85W-\,, TR58 R55 TR59 R56 7 L13 L11 L8 L10 16 L12 .17 L19 L21 �U 8 EXHIBIT.1 HAATS EASEMENT &1 300 150 0 300 600 SHEET 2 SCALE 1 "= 300' LINE TABU LINE LENGTH BEARING Ll 25.15' N11'59'55 "W L2 285.15' N84'16'16 "E L3 109.15' N00'00'00 "E L4 404.43' N18'45'46 "E L5 845.37' N72'55'18 "E L6 1715.46' S89'02'54 "E L7 269.29' N5626'51 "E LB 184.89' S84'56'37 "E L9 18.00' S05'03'23 "W L10 165.32' N84'56'37 "W L11 16.80' S2230'00 "E L12 18.00' S67'30'00 "W L13 19.88' N22'30'00 "W L14 158.96' S57'20'14 "W L15 60.79' N90'00'00 "E L16 29.85' S00'00'00 "E L17 35.50' N89'50'19 "E L18 16.54' S00'09'41 "E L19 214.94' N89'50'19 "E L20 18.00' S00'09'41 "E L21 240.48' S89'50'19 "W L22 14.00' S00'09'41 "E L23 18.00' S89'S0'19 "W L24 14.00' N00'09'41 "W L25 10.05' _ S89'50'19 "W L26 46.44' N00'00'00 "W L27 56.06' S90'00'00 "W, L28 84.09'. S56'26'51 "W L29 1719.26' _ _ _ N 89'02.'54" W L30 828.62' _ S72'55'18 "W L31 387.52' S18'45'46 "W L321 127.64' S00'00'00 "W L331 305.02' S84'16'16 "W PARCEL CONTAINS: 100,719 SQ. FT. OR 2.31 ACRES REV. OCT. 01, 2001 REV. SEPT. 17, 2001 AUGUST 29, 2001 MARTIN / MARTIN CONSULTING ENGINEERS 4251 KIPLING P.O. BOX 4001 WHEAT RIDGE. 00 80034 303.431.61 00 FAX 303.431 .4028