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Home My WebLink AboutC03-117 Jesse Alberts~!~. ~c,`3r i~~-~o ~ ~I~ TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THI5 TEMPORARY CONSTRUCN EASEMENT AGREEMENT (hereinafter referred to as the "Agreement"), is made this ~o day of 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 Pazcel 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 Five Thousand One Hundred Fifty and No/100 ($5,150.00) for the mutual covenants and agreements hereinafter set forth, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto expressly agree as follows: 1. Recitals. The recitals stated above are 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 year 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 temporazily modify the grade of the land within the Temporary 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 temporary 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 Temporary 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, IINIINIIIINIIINIgIIIININIINIIIIIIINIII o'~~'0,.. • • 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 County's 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. HeadinQS. 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 party(ies) 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 anytime 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 maybe exercised from time to time and as often as may be 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 A ~~ ~III~ ~ ~I~ I I~I III IIII ~I III 8'29.u0 «. h.. :~ IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the day and year first above written. ATTEST: COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMIVIISSIONERS Michael allagher, Ch County/Grantee J e Alberts, Grantor ,~ State of ) ss: County of ) The foregoing was sworn to and subscribed before me this ~o ~ day of 2003 by Jesse Alberts, as Grantor. My commission expires [o/a~/,o`Z['b~D Witness ~ 4 IIIIVIIIII~IIINIU~IIIVVIIII~IIIIVIYI ~3z'~0 w Board of County Commissioners k R. ~' vi • • Legal Description Parcel TE 4A 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 line of the said Alberts Parcel; said point being the true place of beginning of the easement herein described; Thence, North 00° 22' 11" East, a distance of 94.99 feet to a point on the southern Right of Way of the Union Pacific Railroad, Thence, North 87° 14' 12" East, along the southern Right of Way of the Union Pacific Raikoad, a distance of 120.00 feet to a point, Thence, South 19° 57' S5" East, along the eastern boundary of the said Alberts Parcel, a distance of 74.00 feet to a point, Thence, South 77° 54' 38" West, along the southern boundary line of the said Alberts Parcel, a distance of 149.05 feet to the true place of beginning and containing 11,154 square feet or 0.256 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. IWn,INVY~AI~,N~~VIVM,gI~'I~IV~ 8g29'~ w EXHIBIT ~ ~` ~