HomeMy WebLinkAboutC03-116 Jesse Alberts~~ ~~
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
TffiS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter
referred to as the "Agreement"), is made this ~ y of C 2003, between Jesse Alberts
(hereinafter refereed to as the "Grantor', and Eagle County, a p litical subdivision of the State of
Colorado and its successor(s) in interest (hereinafter referred to as the "Grantee or County").
WHEREAS, Grantor owns certain real property located in Eagle County, Colorado as more
particularly described on Exhibit A attached (hereinafter referred to as the "Temporary
Construction Easement Parcel"); and
WHEREAS, Grantor has agreed to grant to the County a temporary construction easement
and right-of--way from the day and yeaz above written until December 31, 2003 for the ingress and
egress of the Temporary Construction Easement Parcel during the construction of Miller Ranch Road
and removal of the existing Cemetery Bridge upon the terms and conditions as hereinafter set forth.
NOW, THEREFORE, in consideration of the sum of One Thousand Two Hundred and
No/100 Dollars ($1,200.00), for the mutual covenants and agreements hereinafter set forth, and other
good and valuable considerarion, the receipt and sufficiency of which aze hereby acknowledged, the
parties hereto expressly agree as follows:
1. Recitals. The recitals stated above aze true and correct and aze an integral part of this
Agreement and not mere recitals. hereto.
2. Temporary Construction Easement. Grantor hereby grants and conveys to County a
temporary construction easement and right-of--way from the day and yeaz above written until
December 31, 2003 for the ingress and egress of the Temporary Construction Easement Pazcel
during the construction of Miller Ranch Road and removal of the existing Cemetery Bridge. The
Grantor reserves the right to use the Temporary Construction Easement Pazcel for any purpose that
will not interfere with the temporary construction easement.
Grantor further grants the County the right from time to time to temporarily modify the grade
of the land within the Temporazy Construction Easement Pazcel.
3. Terms of Temporary Easement Agreement. The temporary construction easement and
rights created pursuant to pazagraph 2 hereof shall extend only until such time as provided in
pazagraph 2 or when the County permanently abandons the temporazy construction easement herein
granted, and ceases to use the same, all right, title, and interest hereunder of Grantees shall revert to
the Grantor, Jesse Alberts or his successors in interest or assigns. Moreover, the County shall restore
the Temporazy Construction Easement Pazcel to its original condition, or as close thereto as possible.
The County will re-grade and re-vegetate the disturbed azea within the temporary construction
easement.
4. No Public Rights. All rights and privileges established, created and granted by this
Agreement shall be for the benefit of and restricted solely to the County and its agents, guests,
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invitees, and licensees; provided, however, that this Agreement shall, in no event, be construed to
create any rights in or for the benefit of the general public or any public authority.
5. Liability and Indemnification. The County shall, to the extent permitted by law, and
without the County waiving any rights under the Colorado Governmental Immunity Act, C.R. S. 24-
10-101 et al, indemnify, and save and hold harmless the Grantor, Jesse Alberts, against all claims
and liability for damages, loss or expense caused by any injury or death to any person or damage to
property resulting from the negligent acts of the County to the extent that loss or damage results from
the Counts use of the temporary construction easement described herein.
6. Liens. County shall keep the Temporary Construction Easement Parcel free and clear of
all liens and encumbrances arising by or through the acts of the County, its agents, contractors or
subcontractors.
7. Miscellaneous Provisions.
A. Headings. All headings and subheadings employed within this Agreement are inserted
only for convenience and ease of reference and are not to be considered in the construction or
interpretation of any provision of this Agreement.
B. Remedies. The parties acknowledge, confirm and agree that upon the occurrence of a
breach or nonobservance of any provisions set forth in this Agreement, such would cause irreparable
damages that is not adequately compensable by monetary damages and that in such an event of any
breach or threatened breach of any such provision of this Agreement, the aggrieved partyties) shall as
its sole and exclusive remedy, be entitled to specific performance or an injunction to prevent and/or
restrain any act in contravention of any of the provisions of this Easement.
C. No Waiver. The failure of any of the parties to this Agreement to insist at any time upon
the strict observance or performance of any of the provisions of this Agreement, or to exercise any
right or remedy as provided in this Agreement, shall not impair any such right or remedy or be
construed as a waiver or relinquishment of such right or remedy with respect to subsequent defaults.
Every right and remedy given by this Agreement to the other parties may be exercised from time to
time and as often as maybe deemed expedient by those parties.
D. Gender. Words of gender used in this Agreement shall be held and construed to include
any other gender; any words in the singular number shall be held to include the plural, and vice
versa, unless the context required otherwise.
E. Construction. The rule of strict construction shall not apply to the easement rights granted
by this Agreement. The easement rights granted by this Agreement shall be given a reasonable
construction and shall be deemed to incorporate and contain such other reasonable terms and
provisions as are necessary to carry out the intent of the parties, the intent of the parties being as set
forth in this Agreement. No provision of this Agreement shall be construed or interpreted to the
disadvantage of any party by any court or other governmental or judicial authority or arbitrator by
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reason of either party being deemed to have structured, drafted or specified such provision.
F. Multiple Counterparts. This Agreement may be executed by all parties in multiple
counterparts, each of which shall be deemed an original, but all of such counterparts taken together
shall constitute the same Agreement.
G. Invalidity of Enforceability. If any provision of this Agreement, or portion thereof, or the
application thereof to any person or circumstances shall to any extent be held invalid, inoperative or
unenforceable, the remainder of the Agreement, or the application of such provisions shall not be
affected thereby. It shall not be deemed that any such invalid provision affects, the consideration for
this Agreement, and each provision of this Agreement shall be valid and enforceable to the fullest
extent permitted by law.
H. Laws and Venue. This Agreement shall be construed, governed, interpreted and enforced
in accordance with the laws of the State of Colorado, and the venue for any action to enforce this
Agreement shall be in Eagle County, Colorado.
I. Attorneys Fees and Costs. In connection with any litigation arising out of or in connection
with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and
costs from the non-prevailing party, including all such attorneys' fees and costs which may be
incurred in any trial, appellate or bankruptcy proceedings.
J. Successors in Interest. This Agreement shall bind and inure to the benefit of the
successors and assigns of each of the parties.
K. Lawful Authority. The Grantor, Jesse Alberts, warrants that he has full and lawful
authority to make the grant herein above contained, and promise and agree to defend the County in
the exercise of its rights hereunder against any defect in Grantor's title to the land involved or
Grantor's right to make the grant herein above contained.
L. Further Documents. Each party covenants and agrees that it will from time to time actin
good faith and execute, acknowledge and deliver, or cause to be executed, acknowledged and
delivered, such documentation as may be reasonably requested by the other party to this agreement in
order to fiulfill and effectuate the intent of the transaction herein contemplated.
M. Amendment. This Agreement may not be amended or modified except in writing,
executed and acknowledged by all the parties to this Agreement or their heirs, personal
representatives, successors or assigns; provided, however, that this Agreement shall be automatically
terminated without any further written action required by the parties pursuant to the terms and
provisions set forth in Paragraph 3 hereof. In addition, the parties hereto agree that neither has made
or authorized any agreement with respect to the subj ect matter of this instrument other than expressly
set forth herein, and no oral representation, promise, or consideration different from the terms herein
contained shall be binding on either party, or its agents or employees hereto.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the
day and year first above written.
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
BOARD OF COUNTY COM1~~II5SIONERS
14lichael L. Gallagher,
County/Grantee
J se Alberts, Grantor
State of )
ss:
County of )
The foregoing was sworn to and subscribed before me this day of ~
2003 by Jesse Alberts, as Grantor. p
My commission expires ~(
Witness my hand and official seal.
APPROVED AS TO FO
By~/~
Eagle County Attorney's Office
4
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Board of County Commissioners
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Legal Description
Parcel TE 4
Jesse Alberts
Situated in Section 4, Township 5 South, Range 82 West, of the Sixth Principal Meridian,
County of Eagle, State of Colorado, being a part of lands now or formerly owned by Jesse
Alberts as described in Book 220, Page 967 of the Eagle County Records and more particularly
described as follows:
Beginning at a 3 1/4" brass cap, marking the South 1/4 of Section 4; thence, North 79° 35' OS"
East, a distance of 1997.40 feet to a #5 rebar with an aluminum cap, marked PLS 26598, found
on the eastern property line of the said Alberts Parcel, thence, South 13° 47' 45" East, along the
eastern property line of said Alberts Parcel, a distance of 109.86 feet to a point, thence, North 75°
44' 25" East, along the northern property line of said Alberts parcel, a distance of 89.90 feet to
the true place of begmning of the easement herein described;
Thence, North 75° 44' 25" East, continuing along the northern property line of said Alberts
Parcel, a distance of 70.00 feet to a point,
Thence, South 20° 31' 38" East, along the eastern property line of said Alberts Parcel, a distance
of 33.29 feet to the northeast corner of the Logan Park PUD as described in Reception #749050
of the Eagle County Records,
Thence, South 70° 29' 36" West, along the northern line of said Logan Park PUD, a distance of
74.00 feet to a point,
Thence, North 14° 10' 47" West, a distance of 39.86 feet, to the true place of beginning and
containing 2,627 square feet or 0.060 acres of land, more or less, as surveyed by Richard
Migchelbrink, PLS of Benchmark Engineering Services, Inc. in November of 2002.
The basis of bearing for this legal description is a line between a 3 1/4" brass cap found at the
South West corner of Section 4 and a 3 1/4" brass cap found at the South 1/4 of Section 4 of
Township 5 South, Range 82 West of the 6~' Principal Meridian. Said line is assumed to bear
North 89° 03' 10" West.
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