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Home My WebLink AboutC04-174 Upper Eagle Regional Water Authoritye~~ ;~~.--jv ,, X79 . ~ ~ ~~~~ f~' II 069@2/2004 03:07P Teak J Simonton Eagle, CO 173 R 0.00 D 0.00 EASEMENT For valuable consideration, Eagle County, a body politic and corporate, acting by and through its. Board.of County Commissioners (hereinafter referred to as the "Grantor") hereby grants, sells and conveys to the Upper Eagle Regional Water Authority, aquasi-municipal corporation of the State of Colorado, whose legal address is 846 Forest Road, Vail, Colorado 81657 (hereinafter referred to as the "Grantee"), the following real property situate in the County of Eagle, State of Colorado, to wit: A permanent utility easement thirty foot (30') in width, together with the right of ingress and egress to construct, reconstruct, operate, repair and maintain utility lines and related appurtenances, in, on, over, under and through that tract of land more particularly described in Exhibit "A," which exhibit is attached hereto and incorporated herein by this reference. Together with all singular hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever, of the Grantor, either in law or in equity, of, in and to the real property interest described in Exhibit "A," with the hereditaments and appurtenances. TO HAVE AND TO HOLD the real property interest described in Exhibit "A" and described with appurtenances, unto the Grantee, its successors and assigns forever and the Grantor, for itself, its heirs, successors and assigns, covenants, grants, bargains and agrees to and with the grantee, its successors and assigns, that it has good right, full power and authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear of alI former and other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatsoever kind and nature, subject to those liens, taxes, assessments and encumbrances of record, if any; said real property interest to remain in the quiet and peaceable possession of the grantee, its successors and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, by or through the Grantor, which Grantor shall and will warrant and forever defend, except those matters currently of record. Grantor, its heirs, successors, and/or assigns, shall not erect nor place any permanent building, structure, improvement, fence or tree on the above-described easement, and Grantee shall not be liable for their removal if they are so placed. Acceptance of this easement by Grantee shall constitute its agreement and consent as follows: 1. At such time and in the event that the described easement herein is abandoned, Grantee's real property interest in the easement shall immediately revert to and be thereafter merged with the servient estate. ~ 89114 I Page: 2 of 4 I ,'!~ 06!02/2004 03:07P Teak J Simonton Eagle, CO 173 R 0.00 d 0.00 2. Any facilities installed in the above-described easement shall be installed, maintained, and operated so as to permit maximum use and enjoyment of the surface by Grantor, its heirs, successors and assigns. In the event it is necessary to repair or replace the facilities, Grantee shall restore the surface of the land as nearly as may be practicable to the same condition it was in~ prior to such repair or replacement, provided no permanent building, structure, improvement, fence or tree shall be placed thereon by Grantor. ITNESS WHEREOF, GRANTOR has executed this Easement this l day of 2004. GRANTOR: COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY ATTEST: ~.~ Y~`~LE cQG COMMISSIONERS ~.~ s~ S .. :;t~ ~t By: ~ By: Clerk to the Board of - ~~":'.~~ Tom .Stone, airman County Commissioners GRANTEE: Upper Eagle River Water Authority, a quasi-municipal corporation of the State of Colorado By: STATE OF COLORADO ) ss: COUNTY OF EAGLE ) The foregoing}}nstrument was 1 ~knowledged bef e me this ~-~day of ~~ ~, L ~ 2004, b ~~1~ 0.-l ~ ~~~'-f} ~.,. ~- as ~.r-t: Witness my hand and official seal. My commission expires: (o ~ l `Z Notary Public Easement amending width from 20.0' to 30.0'. ~'. '~•- . 2 ri r EXHIBIT A EASEMENT AMENDMENT DESCRIPTION A UTILITY EASEMENT 30.0 FEET IN WIDTH AND BEING 15.0 ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE, THIS PORTION OF THE CENTER LINE ORIGINALLY BEING DESCRIBED IN BOOK 315 AT PAGE 627 IN THE EAGLE COUNTY CLERK AND RECORDERS OFFICE AND NOW BEING DECRIBED AS A PART OF TRACT C, BERRY CREEK / MILLER RANCH P.U.D. UNDER RECEPTION No. 799649 IN SAID EAGLE COUNTY CLERK AND RECORDERS OFFICE AND BEING MORE PARTICULARY DESCRIBED AS FOLLOWS: BEGIN~G AT A POINT OF INTERSECTION OF SAID UTILITY EASEMENT CENTER LINE AND THE WESTERLY LINE OF SAID TRACT C, BERRY CREEK /MILLER RANCH P.U.D. WHENCE THE NORTH CORNER OF SAID TRACT C BEARS N 51° 06' 06" E A DISTANCE OF 552.05 FEET AND BEING THE BASIS OF BEARING FOR THIS DESCRIPTION; THENCE ALONG THE SAID UTILITY EASEMENT CENTER LINE THE FOLLOWING TWO (2) COUSRES: 1. S 40° 44' 39" E A DISTANCE OF 154.47 FEET; 2. THENCE S 46° 27' S 1" E A DISTANCE OF 111.34 FEET TO A POINT ON THE NORTHWESTERLY LINE OF AN EASEMENT FOR WELL TRACT N0.2, DECBRIBED IN BOOK 315 AT PAGE 620 IN THE EAGLE COUNTY CLERK AND RECORDERS OFFICE AND ALSO BEING THE POINT OF TERMINUS. THE SOLE PURPOSE OF THIS DESCRIPTION IS TO AMEND THE EASEMENT WIDTH FROM 20.0 FEET TO 30.0 FEET FOR THAT PORTION OF THE SAID UTLITY EASEMENT AS DESCRIBED HEREON. II~~II~II~IV~~B~nJ~91~II~~INI 8'9? ° „ ....obi [fiL8 li~ pf ~I ICI IIIu~I~II~ ~ulY TRACT A I CENTERLINE OF BERRY ~S48'1O'37"W CREEK METROPOLITAN DISTRICT / 265.44' RIGHT OF WAY EASEMENT (BOOK 315 AT PAGE 627) ~= 73'39'05" R=275.00' ~ r I L= 353.50' \~~ T=205.92' I ~' ~O CH=329.66' 20' UTILITY ~~' 6 CB=S05'40'46"W ~ ~~ & DRAINAGE \ \ EASEMENT \ (REC. #799649) ~ 537'07'52"E 236.35' ~~ / c'~ ~.. /~ \~ oti~~ •o. / \ 6 ~ N51'34'44"E / ~ ~' ~~yo 182,73' \~ N36'00'14"W ora `~ 537'07'52"E 241.60' ~6 ~ 103.69', POINT OF BEGINNING ~ \ S47'33'25"E \ \ /~~~ S40'44'39"E \\~ 271.23' ' 154.47' \~ D=48'41'05" . \\\ ~ R=1848.86' ~` L=1570.99'~~ T=$36.44' CH=1524.15' ~~ C6=N39'01'OS"W ~ S46'27'S1 "E 111.34' '~ - __ . _. ___. ~.~~ p „~O• ~-=74'16'45" R=830.00' L=1076.03' T=628.63' CH=1002.24' C6=S42'36'14"E AREA OF EASEMENT TO BE AMENDED TO 30' (HATCHED AREA} ~^ ~ ~ /~ ~O ~ 542'37'04"W ~/ ~ 259.86' TRACT C /~~-WELL TRACT No. 2 N46'27'S1"W ~~~ (BOOK 315, PAGE 620) 86.78' 6s \\\ •O l . _. r , i is S89'07'0° 121.78' TRACT B MILLER RANCH ROAD N 79'44'37,. 179.62' W ~} ~6p R.O.W. I D=143'10'59" R=95.00' L=237.41' I T=285.44' CH=180.28' CB=579'44'37"E I SCALE: 1 "=200' EXfIIIBT A -UTILITY EASEMENT LOCATED IN TRACT C, BERRY CREEK RANCH/MIIA.ER RANCH P.U.D. COUNTY OF EAGLE, STATE OF COLORADO 0„04 ~ '.,~,~:.~ • 1 ~ t~~~- ~ cna ~ ~ c i c ~owg ~txmoit-t7.awg OB/04/Z003 08:49:35 AM MDT -~! s