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Home My WebLink AboutC04-118 Upper Eagle Regional Water Authority ~oc~ -~ 1 ~- (v BILL OF SALE -WATER MAIN KNOW ALL MEN BY THESE PRESENTS, that Eagle County, Colorado, a body corporate and politic, whose address is P.O. Box 850, Eagle, Colorado 81631, ("Seller"), for and in consideration of the mutual promises and assurances made herein, the sufficiency of which is hereby acknowledged, and other valuable consideration to be paid by Upper Eagle Regional Water Authority, whose address is 846 Forest Road, Vail, CO 81657 aquasi-municipal corporation of the State of Colorado ("Authority"), has bargained and sold, and by these presents does grant and convey unto the (Authority), its successors and assigns, the following property: The water system, equipment, and related appurtenances and facilities, including all related personal property (the "Improvements"), which are constructed or otherwise acquired by Seller within the property generally known asTract C - Berry Creek/Miller Ranch PUD, Eagle County, Colorado as identified on Exhibit "A" attached hereto and incorporated herein by reference. To have and to hold the same, unto the Authority, its successors and assigns forever, and Seller, for itself, its successors and assigns, covenants and agrees to and with the Authority, its successors and assigns, to warrant and defend the sale of said Improvements, hereby made unto the Authority, its successors and assigns, against all and every person or persons whomsoever, and warrants that the conveyance of the Improvements to the Authority, its successors and assigns, is made free from any claim or demand whatsoever. The Seller further agrees and assures: 1. That all of the Improvements described herein were installed in substantial compliance with the Authority's Rules and Regulations and applicable construction standards, and that said Improvements are in first-class working order, free from any defect whatever. 2. That no charges for materials or labor are due and payable on any of the Improvements described herein, and that to the extent permitted by law Seller shall indemnify, defend, and hold the Authority and its agents, employees, engineers, and attorneys, harmless from and against all claims, damages, judgments, losses, and expenses of every nature, including reasonable attorney's fees, arising at any time out of any act or omission of Seller and its employees, subcontractors and their employees, and all other persons directly or indirectly involved or performing work for Seller on the Improvements described herein. 3. If within TWO (2) YEARS after the date of Construction Acceptance of the Improvements by the Authority, any Work is found to be defective, Seller shall promptly, without cost to the Authority and in accordance with the Authority's written instructions, within seven (7) days after the Authority's issuance of written instructions correct the defective Work at Seller's cost. If Seller does not promptly comply with the terms of such instructions or in an emergency where delay would cause serious risk of loss or damage, the Authority may have the defective Work corrected or removed and replaced, and all direct and indirect costs of such removal and replacement, including compensation for additional professional services, shall be paid by Seller. Seller shall also pay for any damage done to other work, other property or C.~WM~BILL OF SALEWATER.DOC persons which occurred as a result of the defective Work within the TWO-YEAR warranty period. 4. Except for any notice required by law to be given in another manner, (a) any notice to Seller provided for in this Bill of Sale shall be in writing and shall be given and be effective upon (1) delivery to Seller or (2} mailing such notice by first class U.S. mail, addressed to Seller to Seller's address stated herein or at such other address as Seller may designate by notice to the Authority and (b) any notice to the Authority shall be in writing and shall be given and be effective upon (1) delivery to the:Authority or (2) mailing such notice by first class U.S. mail, to the Authority's address stated herein or to such other address as the Authority may designate by notice. IN WITNE S WHEREOF, the Seller has caused its name to be hereunto subscribed this ' ~ ~ day of r ' , 2004. SELLER: ~~ o~ AT ST: ~ L- ' Vii' U~7~;'L~~<~_ ~' o °to~Ao eak J. Simonton, Jerk to e ;~~ Board of County Commissioners STATE OF COLORADO ) ss. COUNTY OF EAGLE ) EAGLE COUNTY, COLORADO BY AND THROUGH ITS BOARD OF COUN C SSIONERS Tom C. Stone Chairman P.O. Box 850 Eagle, Colorado 81631 The foregoing instrument was acknowledged before me this ~~ day of ~~?~, 2004, by Tom C. Stone as Chairman of the Eagle County Board of County Commissioners and Teak J. Simonton as Clerk to the Board of County Commissioners. WITNESS my hand and official seal. (SEAL) c ~ /~-L-G~~--~ Notary Public G:\WM\BILL OF SALE\'JATER.DOC My commission expires: ._w._ "~ attorney's Offt e -,~- TRACT A / ~ - - S48'10'37"W CENTERLINE OF BERRY CREEK METROPOLITAN DISTRICT I 265.44' RIGHT OF WAY EASEMENT ~=73'39'05" / / (BOOK 315 AT PAGE 627) R=275.00' ~. I I L=353.50' ~~ T=205.92' ~ ~ ~-' I i`'•., CH=329.66' I I 20' UTILITY `~' 60~ CB=S05'40'46"W ~ & DRAINAGE EASEMENT ~=74'16'45" (REC. #799649) R=830.00' \\ L=1076.03' ~ T=628.63' S37'07'52"E ~ CH=1002.24' 236.35' / `'o C6=S42'36'14"E TRACT B i o~. ~ N51'34'44"E ~ ~~ 6 ~ 182.73' N36'00'14"W `~ 5D' (` I ~~ 241.60' X06 5 537'07'52"E s02 • \\ Sh1o / 103.69' 6S• POINT OF BEGINNING ~ / S47'33'25"E 271 ,, ~~~ .23 `. S40'44'39"E : ~.~ 154 47' ~ MILLER N RANCH RG . . ~-48 4. v5 R=184 ' ~` . ~~~ AREA OF EASEMEN AMENDE ' AO X80. T TO BE 179,g2~ W ROW - 8.86 \ L=1570.99'~/ ~ ~~. o D TO 30 (HATCHED AREA) , -_ T=836.44' ~ 'S~' ~=143'10'59" _ CH=1524.15' ~~ C8=N39'01'08"W ~ ^ ~~ ~ ~ I R=95.00' ' ~ /,op~ ~ L=237.41 ' S46'27'51 "~ j ~ ~ S42'37'04"W I T=285.44 ' 111.34' / ~~ ~ 259.86' CH=180.28 CB=S79'44'37"E ~ ~ ~ / ---__ __ , ~ TRACT C \ N 46'27'51"W (~ WELL TRACT No. 2 tsbbles' 86.78' ~86s ~ ~ '~ (BOOK 315, PAGE 62 0) \ . I Z --- __ .__ SCALE. 1 "=20C~' \ S89 '07'05"E 121 78' -___ I - - ~- . EXHIBT A -UTILITY EASEMENT LOCATED I ~o _ N TRACT C P:\1200-1299\1212\dw g\Exhibit-B.dwg 08/04/2003 08:49:35 AM MDT , BERRY CREEK RANCH/MILLER RANCH P.U.D COUNTY OF EAGLE, STATE OF COLORADO °~S~~Tµ,S.m~. ` ~• AN """'""0 ~'""~" . _,_ N ~ q YW..nfi LOp. rK W