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HomeMy WebLinkAboutC03-118 Oran Palmateer~ CC,~~ Ili 1~ e~ ~` n~ TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter referred to as the "Agreement"), is made this ~ day of 2003, between Oran F. Pahnateer and Paula A. Pahnateer (hereinafter refereed to as the "G ntor"), and Eagle County, a political subdivision of the State of Colorado and its successor(s) in mterest (hereinafter referred to as the "Grantee or County'. WHEREAS, Grantor owns certain real property located in Eagle County, Colorado as more particularly described on Exbibit 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 year above written until December 31, 2003 for the ingress and egress of the Temporary Construction Easement Parcel during the development of the construction of Miller Ranch Road and the removal of Cemetery Bridge upon the terms and conditions as hereinafter set forth. NOW, THEREFORE, in consideration of the sum of Two Thousand Eight Hundred and No/100ths Dollars ($2,800.00), 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 are an integral part of this Agreement and not mere recitals hereto. 2. Temporarv 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 Parcel during the construction of Miller Ranch Road and the removal of Cemetery Bridge. The Grantor reserves the right to use the Temporary Construction Easement Parcel 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 Temporary Construction Easement Parcel. 3. Terms of Temporary Easement Agreement. The temporary construction easement and rights created pursuant to paragraph 2 hereof shall extend only until such time as provided in paragraph 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, Oran F. Palmateer and Paula A. Palmateer or their successors in interest or assigns. Moreover, the County shall restore the Temporary Construction Easement Parcel to its original condition, or as close thereto as possible. The County will re-grade and re-vegetate the disturbed area within the temporary construction easement. IIIINV111111IIIIIIIIVIIIVIIIIIIIIICIIII 832m';,,m • ~'~ • • • 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, 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, Oran F. Pahnateer and Paula A. Pahnateer, 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 lass 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. 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 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 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 IIII~IIIIIIIII~IIIIIIIIIIIIpIIRlllllllll o'~~':,.,. • • r 4. ~~ . ,.y~ ~ • 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 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 bylaw. 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, Oran F. Palmateer and Paula A. Palmateer, warrants that they have full and lawful authority to make the grant herein above contained, and promise and agree to defend the County in the exercise of their 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 fulfill 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 taus 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 ~YI~I~~YIMN~INtl~l~luY 8 29]N • • r ~ ~- n •a +' • ~ • 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. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as ofthe day and year first above written. COUNTY OF EAGLE, STATE OF COLORAD By and Through Its BOARD OF~UNTY,CONIlVIISS] ~a~aea,61~~o~uoosej,~ ~` . Palmateer, ~ for ---~- ~ ° ° ~ ° ° ° '• ~~~ , Paula A. Palmateer, Grantor •°~®TA ° ®~ o Sr~~ o = ~ ~ ~~ m ~ ®~ • ear ,0919 o,C .-The foregoing was sworn to and subscribed before me day of ~~ 2003 by Oran F. Pal My Commission expires Witness my hand and of ®a~o;cescs,aridri®e~i ~~ `/V~7 - ~~~ ~~.~~° ° ° ° • • °' X39 . ,~~a°k~~ ~~omg was sworn to and subscribed before me day of APB By: I I I I N 91111111111111111111111111 A l l l l l l l l l a~c971 Page: 4 of 5 05/12/2003 01:48P D 0.00 Board of County Commissioners County/Grantee By: ~~ Michael L. r ' F' '• r-• a ,t Legal Description Parcel TE 3 Oran F. & Paula A. Palmateer 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 Oran F. and Paula A. Palmateer as described in the Logan Park PUD, Reception #749050 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 87° 13' S7" East, a distance of 2132.26 feet to a #5 rebar with an aluminum cap marked PLS 12029, found on the North West corner of the parcel now or formerly owned by Public Service Company of Colorado as recorded in Book 658, Page 944 of the Eagle County Records, thence, North 06° 51' 06" East, along the western property line of the Donovan Parcel as described in Book 247, Page 157 of the Eagle County Records, a distance of 82.18 feet to the true place of beginning of the easement herein described; Thence, North 83° 08' S4" West, a distance of 40.00 feet to a point, Thence, North 14° 10' 47" West, a distance of 50.11 feet to a point on the northern property line of said Logan Park PUD, Thence, North 70° 29' 36" East, along the northern property line of said Logan Park PUD, a distance of 74.00 feet to the North East corner of said Logan Park PUD, Thence, South 20° 31' 38" East, a distance of 42.27 feet to a point on the southern boundary of the Eagle County School District RE 50-J as described in Book 540, Page 337 of the Eagle County Records, Thence, South 65° 14' 36" West, along the southern property line of said Eagle County School District property, and the southern property line of said Logan Park PUD, a distance of 32.60 feet to a point, Thence, South 06° 51' 06" West, along the eastern property line of said Logan Park PUD, a distance of 25.00 feet to the true place of beglnning and containing 4,022 square feet or 0.092 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. $32971 Page: 5 of 5 05!12!2003 01:48P Teak J Simonton Eagle, CO 174 R 0.00 D 0.00 EXHIBIT ~~ ~ .~ ~ ~ . . II~I3TIt~BUTION ®riei0als to: 1. Contract Book 2. 3. 4. C®r 1. Acco[~ntin~ 2. 3. ,;