HomeMy WebLinkAboutC03-191 Eagle Vail Metro District e,o~- ~~tl -1~ ~~ ~r ~~~~ EASEMENT DEED THIS DEED is made this 'ST day of~,,, uLY , 2003, between E~-rtEJ4i~mFtao~isrQ~c~-, whose address is $3B'FagGLC~"1Zj~, Avo-~1~ ~©~~2iveo (hereinafter "Grantor") and the Board of County Commissioners of E~~g'.e County, Colorado, a political subdivision of the state of Colorado (hereinafter "Grantee" WITNESSETH: Grantor is the fee owner of certain real property described on Exhibit "A" attached hereto and incorporated herein by this reference (hereinafter "Property"). Grantee is desirous of accepting an easement on the Property under the terms, conditions and agreements hereof. Grantor, in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which aze hereby confessed and acknowledged, hereby grants a perpetual, non-exclusive easement unto Grantee, and its successors and assigns, for the benefit of the general public, for installation and maintenance of the fill slope for a pedestrian and bicycle trail adjacent to the Property, to have and to hold the same, together with all and singulaz the appurtenances and privileges thereunto belonging or in any way thereunto appertaining, to the proper use and benefit of Grantee, and its successors and assigns, forever, subject only to the terms hereof. Grantee may grade and otherwise improve the Property for fill slope purposes, including the installation of culverts and other drainage structures, in accordance with its exclusive judgment. Grantee shall construct, maintain, repair and replace, in a manner and by means in accordance with its exclusive judgment, all such improvements at its own expense. In the event that improvements aze damaged or destroyed by Grantor, and its employees, agents and contractors, on or upon the Property, the Grantor shall be responsible for repair and restoration of the improvements to their immediately prior condition. To the extent allowed by law, Grantee shall indemnify and hold harmless the Grantor, and its successors and assigns, from and against any claim of liability arising from acts or omissions of the Grantee, and its employees, agents and contractors, in connection with the use authorized herein; provided that Grantee does not hereby waive the immunities and limitations provided under the Governmental Immunity Act or any successor thereto. At such time as the fill slope purpose for which this easement was originally granted is no longer necessary for any reason, Grantee or Grantor may request dissolution of this Easement Deed. Such dissolution must be in writing and will not be unreasonably withheld by Grantee or Grantor. The easement granted by this Easement Deed is non-exclusive and Grantor reserves the right to II~I~I~IINIIIIIEI~A~I~~~~ 8~9z.°e9`a «: n. use fc~-r itself the easement herein granted, provided that the use does nit interfere with Grantee's installation and maintenance of the fill slope herein described. Granto;° may, by way of example and n~~t limitation, landscape the Property subject only to Grantee's ri€i~it to use the same for the purposes herein granted and in a manner that would not unduly burden :grantee in the performance of future maintenance of the Property. This Casement is granted subject to prior, recorded grants of easement:;,. After the date herec ~; Grantor shall not make or authorize any use of the Easement vt~ch is inconsistent with or interi'r vs with the use authorized herein. This Easement covers all of the agreements between the parties and no representations or statements, verbal or written, have been made modifying, adding to, or changing the terms of this Easement. This Easement and all provisions hereof sha'1 inure to the benefit of anti be binding upon the parties, their successors and assigns. IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal the day and year written above. ~Kx N ~' ~4 ~ ~ ~.i ~ ~~ ~i a l ` 9 `T+ ~~~ ~< f ® L QF COIfORADO " ~~ ) ®, ~,,, ~~+,~. ~ ~ ) ss. ,. :. O~u~'t3'~o~ c~~. ) GRANTOR ACKNOWLEDGMENT The foregoing instrument was acknowledged before me this ~'= day of ~ 2003, by Wa LT&a2 A u.EN ~ CNA art. rn a N and be acknowledged that it executed the same. My commission expires: 2 I to 0 ~_- ~~ Notary Public [seal] lullY l~tl ~ulu~n~l^, I~I~~~ 8'9~g :.. n. ~ ~ ,f ACCEPTANCE The foregoing Easement Deed is acce ted by the Board of County Commissioners of Eagle County, Co?aPado, on ,a~~ 2003. ~lu1^II1I~~~~ItlIIIII~I~~I 83999„ ,. 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