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HomeMy WebLinkAboutC01-259 Grant of Temporary Construction Easement to Air National GuardC", GRANT OF TEMPORARY CONSTRUCTION EASEMENT The County of Eaglr-, State of Colorado, a body corporate and politic ( "County" or "grantor "), record owner of ine real property described below, for valuable consideration, dui.; 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, remise, and relinquish to the State of Colorado Department of Military Affairs (hereafter referred to as the Colorado Air National Guard or "CANG" or "grantee "), an agency of the state government, its successors and assigns, the temporary, 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. 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 water line runs roughly north -south 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 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 CANG for development of facilities there adjacent to existing CANG facilities. 1 G:\Paralegal \Contracts \CANG Easement.wpd Sara J Fisher Eagle, CO 174 R 0.00 770059 Page: 1 of 8 10/16/2001 05:08P D 0.00 01 C21 5. CANG has agreed with Gypsum to construct 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 side of the Airport to Highway 6, designated as a County Road (commonly known as "Airport Road "). County, Gypsum and the National Guard want to provide a single utility easement to provide the extension of the 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 attached to this instrument marked as Exhibit "A" and by this reference made a part of this instrument. SECTION THREE PURPOSE FOR THE EASEMENT 9. The easement identified on Exhibit "A" is solely for the purpose of excavating and grading for and constructing an underground sanitary sewer service pipeline and an underground 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 further includesthe 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 EASEMENT 10. This easement shall terminate upon the acceptance by the Town of Gypsum of the sanitary sewer and potable water service lines and a permanent easement for operation, maintenance and reconstruction of the same, and, in any event, not later than December 31, 2001. 11. County reserves the right to use and enjoy the premises to the fullest possible extent without unreasonable interference with the exercise by CANG of the rights granted in this agreement. County reserves the right to place along, across and over the pipelines easement as many roads, streets, sidewalks, passageways, electric lights and power lines, water lines, sewer GAPara1ega1 \Contracts \CANG Easementmpd I�nlllllillllllllllllllllllllllllllllllllllllllllllll ,' ° °e; 08. i 770059 109/1612001 05:08P, Sara J Fisher Eagle, CO 174 R 0.00 D 0.00 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 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 may be required to conform to Federal Aviation 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 maybe applicable to the Airport. 16. Emergency construction 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. G:\Paralegal \Contracts \CANG Easement.wpd 0 18. Grantee 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. Grantee 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 Grantee shall not construct or maintain its pipelines in such a manner as will impair the rights of others to use the easement or obstruct the passage of other utilities therein. 20. Grantee agrees to pay any and all damages to growing crops or fences that may arise from the construction of the pipeline or pipelines. SECTION FIVE MISCELLANEOUS PROVISIONS 21. This easement and the rights provided herein are not assignable by grantee. 22. The signatories hereunder aver that to their knowledge, no state employee has any personal or beneficial interest whatsoever in the Property except as otherwise expressed herein. 23. The signatories aver that they are familiar with § 18 -8 -301 C.R.S., et seq., (Bribery and Corrupt Influences) and § 18 -8 -401, et seq., (Abuse of Public Office), and that no violation of such provisions is present. 24. This Easement Agreement shall not be deemed valid unless and until approved by the officials and officers of the State of Colorado as required by §24 -82 -102 C.R.S., as amended, or such assistants as they may designate. 25. Notwithstanding any other provisions of this Easement Agreement to the contrary, no term or condition of this Easement Agreement shall be construed or interpreted as a waiver of any provision of the Colorado Governmental Immunity Act, §24 -10 -101 C.R.S., et seq., as now or hereafter amended. The parties hereto understand and agree that liability of claims for injuries to persons or property arising out of the negligence of the State of Colorado, its departments, institutions, agencies, boards, officials and employees is subject to the provisions of this Act at all times. Sara J Fisher Eagle, Co 174 R 0. 00 G:\Para1ega1 \Contracts \CANG Easement.wpd 770059 Page: 4 of 8 10/16/2001 05:08P D 0.00 C IN WITNESS WHEREOF, each party to this easement has caused it to be executed effective as of 0,,&6.e —q9, , 2001. GRANTOR: ATTEST COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS Clerk to the Board"of Xzee�aa4 m C. Stone, Chairman County Commissioners ACCEPTANCE: This easement is accepted by the state of Colorado, Department of Military Affairs. ATTEST STATE OF COLORADO BY AND THROUGH THE DEPARTMENT OF MILITARY AFFAIRS MASON C. WHITNEY, Maj Gen, COANG The Adjutant General 770059 Page: 5 of 8 Sara J Fisher Eagle, CO 174 R 0.00 10/i6D20 00 5.08P 5 C C 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 SLCTIONS 3 AND 4, TOWNSHIP 5 SOUTH, RANGE 85 WEST OF THE 6'H 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 038'59 "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 °55'18 "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 °30'00 "W, 19.88 FEET; THENCE, S57 °20'14 "W, 158.96 FEET; THENCE, N90 000'00 "E, 60.79 FEET; THENCE, S00 °00'00 "E, 29.85 FEET; THENCE, N89 °50'19 "E, 35.50 FEET; THENCE, S00 °09'41 "E, 16.54 FEET; THENCE, N89 °50' 19 "E, 214.94 FEET; THENCE, S00 °09'41 "E, 18.00 FEET; THENCE, S89 °50'19 "W, 240.48 FEET; THENCE, S00 °09'41 "E, 14.00 FEET; THENCE, S89 050'19 "W, 18.00 FEET; THENCE, N00 °09'41 "W, 14.00 FEET; THENCE, S89 050'19 "W, 10.05 FEET; THENCE, N00 °00'00 "W, 46.44 FEET; THENCE, S90 °00'00 "W, 56.06 FEET; THENCE, S56 026'51 "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 °16'16 "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' /a" BRASS CAP AT THE NORTHWEST CORNER OF TRACT 56 AND A USGLO 31/4" BRASS CAP BEING A WITNESS CORNER TO THE SOUTHWEST CORNER OF TRACT 57. 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\HAATS\BASE\ EASEMENTS \8- 16- 01 \ESMT- 10- 01- 01.DOC IIIIIIIIInIIIIIIIIIIIIIIIIIIIIIIIIIIIIII !IIIIIIII!IIII a ° °o9�... Sara J Fisher Eagle, Co 174 R 0. 00 D 0. 00 4 f f ` 11�111�■ f I EXHIBIT n , i J ) i C C J C D 770059 Page: 7 of 8 10/16/2001 05:08P Sara J Fisher Eagle, CO 174 R 0.00 D 0.00 NORTH LINE OF PARCEL 2 BK 131 PG 115 AND NORTH LINE OF AIRPORT AIRPORT BOUNDARY LINE LEHMANN PROPERTY l ,1 V , EXHIBIT 1 HAATS EASEMENT #1 300 150 0 300 600 SHEET 1 SCALE 1"= 300' REV. OCT. 01, 2001 REV. SEPT. 17, 2001 AUGUST 29, 2001 MARTIN / MARTIN CONSULTING ENGINEERS .. 4251 KIPLING P.D. BOX 4001 WHEAT RIDGE, 00 80034 303.43 1.51 00 FAX 303.431 .4028 P RCEL 2 f 3K 151/115 � N 1 / SOUTHWEST CORNER w /- PARCEL 2 "`� Q = Si3.3a5g 202a 89 ro -- -- 0t — 01' ¢' N rte. SOUTHEAST CORNER (CORNER #4) OF TRACT 58 m = 3 z �_ LZ (3 1/4" Aluminum Cap on —1' Tall Steel Post, -' ° m 1- ' L33 Stamped as Shown) N W a \OF m -° Q POINT _TRUE BEGINNING SOUTHWEST CORNER (WITNESS CORNER #3) OF TRACT 57 (3 1/4" Brass Cap Stamped as Shown) USGLO WC EXHIBIT TR 57 TR 60 3 TR 80 1918 V , EXHIBIT 1 HAATS EASEMENT #1 300 150 0 300 600 SHEET 1 SCALE 1"= 300' REV. OCT. 01, 2001 REV. SEPT. 17, 2001 AUGUST 29, 2001 MARTIN / MARTIN CONSULTING ENGINEERS .. 4251 KIPLING P.D. BOX 4001 WHEAT RIDGE, 00 80034 303.43 1.51 00 FAX 303.431 .4028 s V) LLI O LAJI c0 I U) c a� E a) En 0 LLI a) cn 0 I m Q Q c LLI Q G7 b F- Ld W Ei W i Lu U� I- Q a) cn 0 c 0 E 0 0 0 w I- Q 0 J n LAPIN PROPERTY /T5S R85W TR58 R55 TR59 R56 AIRPORT PROPERTY 770059 Page: 8 of 8 10/16/2001 05:08P Sara J Fisher Eagle, CO 174 R 0.00 D 0.00 L13 5 L11 L8 L10 -L16 L12 ^L17 L19 L21' EXHIBIT.1 HAATS EASEMENT #1 300 150 0 300 600 SHEET 2 SCALE 1"= 300' LINE TABLE LINE LENGTH BEARING L1 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' N56'26'51 "E L8 184.89' S84'56'37 "E L9 18.00' S05'03'23 "W L10 165.32' N84'56'37 "W L11 16.80' 522'30'00 "E Ll 21 18.00' S67'30'00 "W L13 19.88' N22'30'00 11W 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' 800'09'41 "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' _ S89'50'19 "W L24 4.00' N00'09'41 "W L25 :]] 0 .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' - N89'02 54 "W L30 828.62' S72'55'18 "W L31 387.52' 518'45'46 "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 303.43 1.61 00 FAX 303.431 .4026