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HomeMy WebLinkAboutC04-046 Remonov & Company, Inc and The Robin E. Hernreich Foundation (.04,- Lfb -10 Pi ./" : GRANT OF EASEMENT TIllS GRANT OF EASEMENT is made and entered into this ,;J~ day of ~ ,2004 by and between Remonov & Company, Inc., a Color8do ~ration, 4mt The Robin E. Hernreich Foundation whose address is Post Office 1888, Edwards, Colorado 81632 (hereinafter referred to as the "Grantors"), Trails and the Eagle Board of County Commissioners, County of Eagle, State of Colorado, a political subdivision of the State of Colorado (hereinafter referred to as "Grantee"); and, WHEREAS, Grantors are the owners of certain real property located in Tracts F and K, amended final plat, Remonov Center, County of Eagle, State of Colorado (hereinafter referred to as the "Property"); and . WHEREAS, Grantee is desirous of receiving an easement across the Property under the terms, conditions and agreements hereunder (the "Easement"); and For Ten Dollars and OO/lOO's ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Grantors have this date bargained, conveyed, delivered, transferred a perpetual non-exclusive easement unto Grantee, its successors and assigns, and for the benefit of the general public, for installation, use, maintenance and repair of a pedestrian and bicycle path, in, on, over and upon the Easement, to have and to hold the same, together with all the appurtenances and privileges belonging or in any way pertaining to the proper use and benefit of Grantee, its successors and assigns, forever, and subject to the rights hereof, the rights of third parties, and subject to all notes, reservations, prior rights, grants, easements, and restrictions of record in the offices of the Eagle County Clerk and Recorder which may affect the Easement. The legal description of the Easement is described on Exhibit "An and further shown on the map attached as Exhibit "B", which are attached hereto and incorporated by referenced herein. 1. The' Easement is for the benefit of the general public and is appurtenant to the Property now owned by Grantors. 2. Grantee may establish rules for use of the Easement as a pedestrian and bicycle recreation path in accordance with its exclusive judgment. 3. The Grantee, its successors and assigns, shall improve the Easement in a manner acceptable to Grantee but in no event to a standard greater than existing Eagle County Land Use Regulations in effect on this date. Grantee, its successors and assigns, shall repair, sweep and at all times maintain the Easement in good condition, and be responsible for adequate periodic snow removal thereon. RemonovlEdwards CAlmerl grant of easement 1/1412004 1111~lmll U ~~ ~I~~IIII~ 1111~nl ~~~5~,..p T..k J Simonton Ea81., CO 173 R 0.80 D 0.00 4. Grantee may grade, pave, and otherwise improve the Easement for pedestrian and bicycle recreation path purposes, including the installation of drainage culverts and other drainage structures, and including rest stops and bus stops located within the Easement, and as set forth and shown on the map attached as Exhibit "B", and in accordance with its exclusive judgment. 5. Grantee may install signs within the Easement as set forth and shown on the map attached as Exhibit liB II identifying the recreation path, its location, use rules and otherwise relating to use and protection of the Easement as is deemed appropriate in: Grantee's sole discretion. 6. Grantee shall construct, maintain, repair, and replace the bicycle and pedestrian path improvements, if any, in a manner consistent with the original construction standards or an improvement standard as adopted by Eagle County, at own expense. 7. In the event that improvements in the Easement, including those installed by Grantee, are damaged or destroyed by persons with rights in or upon the Property or Easement, the persons or party exercising said rights shall be responsible for restoration, repair and replacement of the improvements to their immediately prior condition including the cost of restoring the surface as near as may be practical to the same condition it was in prior to any repair, maintenance, removal or replacement of improvements or utilities installed in the Easement. If a person other than Grantors, their agents or assigns, disturbs any improvements or utilities installed in the Easement, Grantors and Grantee shall have the right to seek from such person or party reimbursement of the costs of restoring the surface to the condition described herein. 8. Grantee may connect any pedestrian or bicycle path which it constructs on the Easement to any other such paths located on adjoining properties, so long as the Easement is not enlarged. 9. Failure of a party to invoke it rights hereunder on one or more occasions shall not be construed as a waiver of the right to enforce this agreement as to future breaches or infractions. If any provision of this Easement is declared by a Court of competent jurisdiction to be invalid for any reason, such invalidity shall not affect the remaining provisions thereof and this Easement shall be construed and enforced as if such invalid provisions had not been contained herein. 10. Grantors shall not place, construct, repair or maintain any structure on or above the surface of the Easement or otherwise obstruct access to or use of the Easement. 11. After the date hereof, Grantors shall not make or authorize any use of the Easement which is inconsistent with or interferes with the use granted herein. RemonovlEdwards CAlmerl grant of easement 1/1312004 2 11111111~lml ~~~~5~.... Teak J SimClnton Eallla, CO 173 R .... D e..0 . 12. This Easement shall not affect any resolution, zoning, subdivision improvement agreement, or special use permit affecting the Property, or adjacent lands owned by Grantors. 13. To the extent allowed by law, Grantee shall indemnify and hold harmless the Grantors, their successors or assigns from and against any claim. of liability, loss, uyury, damage or death, occurring to persons or property (real or personal), of the Grantors or third parties, arising in each case or which is attributable to the use of the Easement by Grantee or by those persons whose use of the Easement is derived from Grantee. Grantee shall indemnify and hold harmless the Grantors, their successors and assigns from and against any claim of liability arising from the acts or omissions of the Grantee, and its employees, agents and contractors, in connection with the Easement. Grantee, its agents or employees shall not be liable under this paragraph for any claim., loss, damage, cost, charge or expense arising out of any act, error, omission, or negligent act by the Grantors, or any of their officers, agents, or employees. Except as set forth specifically herein, the obligation of Grantee to defend, indemnify, protect and hold harmless Grantors is absolute, unconditional, present and continuing, and shall not be dependent upon or affected by the genuineness, validity, regularity or enforceability, of any claim, loss, damage. cause of action, liability, judgment, cost or expense incurred by or asserted against Grantee. Notwithstanding the foregoing, neither Grantors nor Grantee are waiving any immunities, limitations, defenses, or bars to claims asserted by any third party against either Grantors or Grantee provided under the Colorado Governmental Immunity Act, C.R.S. 24-10- 101 et seq., the Colorado Recreational Liability Act, C.R.S. 33-41-101 et seq.. the Premises Liability Act, C.R.S. 13-21-115, or any similarly enacted statutes. 14. In the event of default by either party hereto, the non-defaulting party shall have the right to enjoin the continuance of such default (the parties hereby waiving the posting of any bond and stipulating that a default of this Easement agreement by a party inflicts irreparable uyury upon a non-defaulting party) and, in addition, the non-defaulting party shall have the right of specific performance, damages, or both against the defaulting party. The prevailing party in any legal proceedings arising out of this Easement agreement shall be awarded their costs and attorneys fees incurred. A prevailing party shall include a party who withdraws a claim in consideration for payment allegedly due or performance allegedly owed. The juriSdiction and venue of any such proceedings shall be in Eagle County, Colorado. This Easement agreement shall be governed by and construed in accordance with the laws of the State of Colorado. 15. This Grant of Easement cannot be modified, altered or amended, or any term or provision hereof waived, except by written agreement executed by both parties and recorded with the Eagle County Clerk and Recorder. Remonov/Edwards CAlmerl grant of easement 1/13/2004 3 1IIIIIIIIRlunll ~~1~5~,28P Teak J SImonton Eagl., CO 173 R '.08 D '.00 IN WITNESS WHEREOF, the parties have executed this Easement agreement this day and year first year written above. GRANTOR: GRANTOR: By: Its: THE ROBIN E. HERNREICH FOUNDATION By: Its: STATE OF COLORADO ) ) &S. ) EAGLE COUNTY Subscribed and sworn to before me this p.f'm day of ~J'ke~ ' 2004, by Richard A. Mueller. ~ his capacity as President of Remonov & Company, Inc., a Colorado corporation.. . ,",,:.., <.'. ;," . j. _\\ _l.;...., _., '" ".4.,J.r . ; "~.1 :.:\ . ~ ~ official seal. r \~ 'I Lr- 0" 0 ~ 7",PUBUG ",r' ~ . v.r~ ~ 0 CO"~ / No Public t F M Commis' Exp' .~.~.,. y slon IreS: ~'~'.;)00b STATE OF COLORADO ) ) &S. EAGLE COUNTY ) rJ . Su\JsFn'bed apd sworn to befure me this L~ clay of ~ H.tl.~ . 2004, by /f{)IJ/YJ He.f'nr~/ei in his capacity as '1"'/f?J.tsr~ (Jof The Rob' E. Hernreich Foundation. " .' "\,,.\I:I~ my hand and official seal. ".:.: r:" :{.':' Illi'" ........ ........ \ .~~............. ..l '., ~. ':, ..' .' .~.~ E'A 1'.1 :: .:....".. . ~ ~.~ ~ "'4.J.o.,." ..... ~ .., i .~.., ()~ ': .:rJ :. .:: c.l.. ~., -, . :c ; . ~ -:. \: ~ ',:, : ~ ; "'1 : '..,...- ....: : :: .; ; ~~>>... C..' ~.. ...r....:.: ~....:.~....... ......_~:.... , or..... ..... ..' . ......:. {~/J. It t".- . . \.~.~. : I., ~.. ~,\" RemOilovlBd\Vards CAlmerl grant of t'.p~ent 1/14/2004 ~) If.Z.A~ No Public ~ My Commission Expires: .a/~ '07 . 4 11111nlll~111 f~!~5~,... Tnk J Silllonton EaIll1.. co 173 R '.10 D .... ACCEPfANCE: Eagle Board of County Commissioners, State of Colorado By: ~ _0 f<J...... - Tom ~ ~beha1fOf the Eagle County Board of County Commissioners STATE OF COLORADO ) ) SSe COUNTY OF EAGLE ) The foregoing instrument was acknowledged before me this % ~'] i!L day of -S A-\JU ~ ~L-, 2004, by Tom Stone, Chairman, on behalf of Michael Gallagher, Tom Stone, and Am Menconi, in their capacity as Commissioners of the Eagle County, State of Colorado, Board of County Connnissioners. WITNESS my hand and official seal. ~'"1 .aLL~ , (.t.1!Lz,.-'. ~ - Notary Public i / My commission expires: fc 12~ t~d ~ I [S E A L] -.. ATTESTATION: By: Remonov/Edwards CAlmerl grant of easement 1114/2004 5 IIIIIIII~IIIIIIII~~ II~II ~III~ I~IIII ~~~~~,... Teak J Simonton Eaele. CO 173 R e." D e.ee MARCIN ENGINEERING LLC EASEMENT DESCRCPnON SHEET 1 OF 4 Tract F, Remonov Cenrcr November) 8, 20CU ,A mip of land lying in Tract F, according to the Amended Final Plat of the Remono" Center, as recorded at Book 689, Page 943 of Eagle County, Coloradl) r~ords; said Strip being 12 feet wide, 6.00 feet on each side of the centerline, being more specifically defined along the following described centerline: Beginning at a Point on the west line of said Tract F from which the Northwest Comer Tract F bears N 15013'27" E 6.63 feet; thenee'departing said west line rhe: jbJlc.wing TweniY-six (26) courses: 1) S 72o:!O'23nE 83.65 feet; 2) S 69016'49''E 36.46 feet; 3) S 64049'S8"E 21.78 feet; 4) S 69032'41"E 36.72 feet; ,.s} S 78006'4I"E 23.76 feet; 6) S 68041 '06"E 26.49 feet; 7) S 67~4'01"E 98.92 feet; 8) S 6SClJO'08"E 96.36 feet; 9) S 640I6'22"E 140.03 feer; 10) S 60ClOO'S6"E 13.90 feet; 11) S 62011'53"E 51.43 feet; 12) S 66~8'S7"E 17.57 feet; 13) S 61030' 13"E 54.38 feet; 14) S 66001 'OO"B 15.90 feet; 15) S 64"39'SO"E 64.73 feet; 16) S 61"28'59"E 51.63 feet; 17) S 60006'50''E 67.83 teet; 18) S Soo42'27"E 49.47 feet; 19) S S2037'14"E 40.09 feet; 20) S 4701S'26"E 19.40 feet; 21) S 40059' 19"E 22.75 feet; 22) S 4S~2'48"E 19.43 feet; 23) S 50020'42"E 51.89 feet; 24) S S3~1 '42"E 50.83 feet; 25) S S"r04'4S"E 20.92 feet; 26) S 73017'Q4''E 21.15 feet; IIIIIIII~IIII ~1r~~,... Teak J Simonton Eagle, CO 173 R '.00 D.... Exhibit "An PO Box 5018, Eagle Colorado 8]63"'(970)328-)5100 EASEMENT DESCRIPTION SHEET 2 OF 4 Tract F. Remonov Center November 18, 200:; to a point On the east line of'said Tract F, the point of terminus from which the northeast comer afTract F bears N 04000'36" E 13.68 feet with all side lines of said :rtrip extending to and terminating on the west and east boundary of said Tract F; excluding therefrom allY portion of said strip of land lying in Highway 6 right of way. and containing 14339 square feet or 0.329 acres. AND A parcel ofland lying in Tract F, according to the Amended Final Plat of the Remonov Center, as recorded at Book 689. Page 943 of Eagle County, Colorado re~ords; .said parcel beins more particularly described as follows: Beginning at a Point on the north line of the above described Recreation Path Easement from which the intersection of the centerline course number 15) S 640]9'SCl"H 64.73 feet and course number 16) S 61028'S9"S 51.63 feet of the above described easement bears S 18039'54" E 8.34 feet; thence N 64039.S0" W 26.16 feet; thence N 2S~0' 10" E 8.22 feet; thence 26.28 feot along the arc of a non- ~gent curve to the right having a central angle 01'0032'06" and a radius of2814.8S feet. the chord of which bears S 59011 'SInE 26.28; thcnca S 25020'10" W 5.72 fectto the point of beginning containing 183 square feet or 0.004 acres more or l~ss. The total of both portions being 14522 square feet or 0.333 acres. Together with a tight to place signs over, under, above, across and through the Easement and pertaining to the Recreation Path within Tract F. Remonov Center as described in the easement and hereby desigzwed. IIIIIIIIII~IIII ~!!~5::,... Teak J Simonton Eagl., CO 173 R 0.e0 De."" f PO Box SOlS, Elaie: Colorado liii=rr (970) 32&-1900 . , MARCIN ENGINEERING LLC EASEMENT DESCRlI"TlON SHEET J OF 2 Tract I<, Remonov Ctnter NOYember 18.201)3 A strip ofland lying in Tract 1(, according to the Amended Final Plat aCme Remonov Center. as recorded at Book 689. Page 943 ofEagIe County. Colorad(l r<.'Cords; said parcel being more particularly described as follows: Beginning at a Point on the east line oCme above said l'racl I<. from which the northeast comer Tract K. bears N lSo13'2T' E 6.63 feet; thence N 76033'10" W 32.f(4 feet; thence N 81 o08'29Jt,W 36.02 feet; thence N 84001'30" W 104.97 feet to a point on the west line of said Tract K. the point ofTen:ninus from whicq. tile northwest corner of said Tract K bears N 20025'42' W 29.43 feet with all side lines of strip extending to and terminating on the west and east boundary of said Tract K and containing 2085 sqUare feet or 0.048 acres. Together with a right to place signs over, under, above, acrO:iS and through the Easement and penaining to the Recreation Path within Tract K. Remonov Center as described in the easement and hereby designated. . "",,UbIlU:U"'l ~\W-::\)a II'/~~ ~~...... ~.r. ~ .' I .. .. ~ ~. '& ....., v-..:c::a ." ~. : 10 22589 'JIl} a: I ;~. .~i \~"./I.. 2/.. lJ ~ "I~I ,,~.. J..~ ~ ~~lii'OM.'.._'.""~~"''' Itl;;d ;tIL LA \{ ~~~ v',III"'u....I'"'.~ IIDIDIUII~IIIII ~~~5~,... T..k J Shlonto" EllllJ., co 173 R e." De... PO Bo:lt 5018, Eagle Cofurado 8163 ij'970) 328.1900 . . EA-SEMENT EXHIBIT TRACT F, REMON.OV CENTER Sheet 3 of 4 - 111111111111111111111111111111111111111 1111111111111111 ~~~r~~~: 28P T.ak J Simonton Ea.l., CO 173 R 0.e0 D 0.08 TRACT F AMENDED FINAL Pl A 1 REMONOV CENTER (BOOK 689, PAGE 943 EAGLE COUNTY, COLORADO), U.S. H 1GHVv4 Y N15~i:f.TE ~2"20~23"E (TiE TO NW CORNER 83.65' TRACT F) CENTERLINE 12' EASEMENT S64"49'S8"E 21.78' PARCEl. 1 A THE EDWARDS fIRE ST A liON ~~ It; GIy W.<f ~ B \ \ \ \ PARCEL 2 EDWARDS V1l.LACE ~ER - 568"41'OS"E 26.40' ttJW~~sCt(. 1 . C ~1' - !..'" 1'CR ....,qC( ~ \ \ \ ..... \ \ N \ - PARCEL 14 . AMENDED FINAL PLA T REMONOV CENTER ...... EDWAROS ' \liL~Gt S OVLEVARO - , -~ SCALE II = lOa' ...... ..... - " MARCIN ENGINEERING LLC OJ126\Esmt-TI'F'.dwg 18 Nov. 2003 TJ1\ Exhibit liB" NOl!: THIS DR~W1NC OOt:S Not REPRESENT A MONUM[NTE() SURv["l AND IS ONLY INTENDEO TO DEPICT TtIf: LEGAL DESCRIPTION P.O. Box 1062 P.O. Box 6018 AVON, co 8t620 EA~ co 81631 (970) 748-0274 (970) 328-1900 (970) 74-9021 FAX (970) 328-18Ot FAX . .. EASEMENT EXHIBIT TRACT 'F REMONOV CENTER Sheet 4 of 4 DETAIL: EASEMENT AT BUS SHELTER S6J2~,3"E S64.J9'Sp" 64.73 S61 '28'69"E 51.63' // S&6'2S'S7"t: <v ~. 17.57' ~~~ ;/~ S66' 'owE <::> I~~a . CENTERUNE 12' 560'06'5O/"E EASEMENT , 7.83' u . 'S . ~ . S52.31'1:4"E ~QIy~ 40.0S' A1 r S40"59'19"E 8 22.15' 550"20' ~2"E 51.119 553'21'42-E 50.83' S5T04'1:.f"E 0.92 &.s. it/Oly ~ Yv-<l r 6 CENTERLINE 12' EASEM.ENT ~. IL CIlI N ... .. ...... 11)... 88 co 0 ::r ~ _ 888 ...... NO CD .. ;;; 10 &~ cot; -I _. !!!!!!!!!!! 8 === at iiiiiiiiiiiiiii iiiiiiiiiiiiiii - ===~ iiiiiiiiiiiiiii - !!!!!!!!!!! iiiiiiiiiiiiiii iiiiiiiiiiiiiii 0 =U ~. =- !!!!!!!!!!! :I -III - ~5 ===c ===8 _iii =... =-= -~ TRACT F AMENDED FINAL PLAT REMONOV CENTER (BOOK 689, PAGE 943 EAGLE COUNT~'COLORADO) S47'15"'6-E 19...e 545'22' 4a"E 19.4]' - SCALE I' = 100' \ Pl,ReEL 4A S7~?;g:t'E N04'OO'JS"E \ 13.68' \ (TiE TO NE CORNER TRACT F) "- "- \. " \ -' \ ~. ~~ \ _ -- - eQ\lI.(-It.RO .... -- \.....---- - S \J\\J..~Gt. - - Parcel 10 E.O,#~RO ~- -- - - -- "'-, "- \ ~-- ~ '" - - ~1II"1ItJ . L - ~~,\\\\ RE8~1.~ I!. ~..~. ~ ~ ..'"i.\.' . ~ 1Ioo'!:.~ ~. 22589 ~;a:= I .~i '~../I"~A~..~1 ~ ~., .. 'if,t::' it ~~ ~....,....._~\' 45..",,,,, ~"'IfL tA",v .~~.. ~1I1'/'U",q"t1\,r.,' --- NOTE: THIS DRAYIlNC OOES ~OT REPRESENT A NONUMEl'CTED SlJR\liv ANO IS ONl.,v INTfNDED TO DEPICT TI"I( l.ECAI. DESCRIPTION MARCIN ~NGINEERING LLC P.O. Box 1062 P.O. ~ 5018 AVON, CO 81620 EAGLE. CO 81631 (970) 748-0274 (970) 828-1900 (970) 7*"9021 PAX (970) 328-t9OJ FA)( 1l3126\Esmt-TrF.dwg 18 No\'. 2003 TJA EASEMENT EXHIBIT TRACT K, REMONOV CENTER SHEET 2 OF 2 SCALE l' = 40' /1""'IfJII' ~1~~::... R e.ee D e"e \ N20'2S'42.W 29.43'(TIE TO NW CORNER TRACT 1<) IJ. S. HIGD,., '1 vvlC:\ '( 6 - CENTERLINE 12' EASEMENT TRACT G 'INAL PLAT OF THE HOMESTEAD \ FlUNG ~O. 3 \ \ \ TRACT I< AMENDED F'INAL PLAT REMONO\f CO~TER (BOOK 689. PACE 943 EAGLE COUNTY, COLORADI)) PARCEL lA THE EDWARDS FlRt STATION \ \ ~~tt?i!e~'''~~. ( ..~" ... i." a e. P .. ~ ~... WI- 225'89 ~i a:~ $. -QI: \_~\JI.)/.43 1..$1 "& ~ e. ~. SIi' ~ ~~i;.........~ co~, ~0,:!JlL l"\l~~~ .."III.....A""\\... 03126\Esmt-Trl<.dwg 1B Nov. 2003 TJA NOTE; TI'II$ DRAWlNC, DOES NOT R[PRCS~T A a40NIJUENTEO SUR\!ET AND IS ~l Y INTENDED TO DePICT THE LEGAL DESCRIPTION MARCIN ENGINEERING LLC P.o. Box 1062 P.O. Box S018 AVON, CO 81620 EAGLE, 00 81631 (970) 748-027. (970) 328-1900 (970) 748-9021 FA)( C97O) S28-19OIPAX