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Home My WebLink AboutC04-175 Upper Eagle Regional Water Authority} Cv~-f7~--~c r ~~I~JG/ ~~9115 • Page: 1 of 4 06102/2004 @3:07P Teak J Simonton Eagle, CO 173 R 0.00 D 0.00 EASEMENT For valuable consideration, the 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, 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 all 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. 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, ~~Nin~u~i~uH~~~wH~~uu :..9~::5,. 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. IN ITNESS WHEREOF, GRANTOR has executed this Easement this / day of 2004. ATTEST: By: / ~ ~ }.S ~ M~ ~ ~ ~;r n ~~ Clerk to the B-6ard of County Commissioners GRANTOR: COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY By: T m C. Ston ,Chairman GRANTEE: Upper Eagle River Water Authority, a quasi-municipal corporation of the State of Colorado By STATE OF COLORADO COUNTY OF EAGLE ss: The forego' g instrument was 3 ~~ ~ 2004, by ~(~ ~--~ ~, . ~~-c) iJ ~ as S t ~knowledged b ~ti ~ i t1 {+~l t~-t~-~ ore me ~c' this ~-~day of . ~ f l Witness my hand and official seal. My commission expires: Z, k- ~~ Notary Public ' Easement creating/amendin~ well tract no. 2 . „, , .. ~ EXHIBIT A L TRACT No. 2 EASEMENT AME MENT DESCRIPTIO A UTILITY EASEMENT ORIGINALLY BEING DESCRIBED IN BOOK 315 AT PAGE 627 IN THE EAGLE COUNTY CLERK AND RECORDERS OFFICE AND NOW BEING DFCRIBED AS A PART OF TACT C, BERRY CREEK /MILLER RANCH P.U.D. UNDER RECEPTION No. 799649 IN SAID EAGLE COUNJTY CLERK AND RECORDERS OFFICE AND BEING AMENDED AS FOLLOWS: COMMENCING: AT THE WESTERLY CORNER OF SAID TRACT C, BERRY CREEK /MILLER RANCH P.U.D: AND ALSO BEING ON THE NORTHERLY RIGHT-OF-WAY LINE OF DENVER RIO GRAND RAII,ROAD WHENCE THE NORTHERLY CORNER OF SAID TRACT C BEARS N 51 ° 06' 06" E A DISTANCE OF 602.96 FEET AND BEING THE BASIS OF BEARING FOR THIS DESCRIPTION; THENCE ALONG THE SOUTHERLY LINE OF SAID TRACT C 334.28 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 1848.86 FEET, A CENTRAL ANGLE OF 10° 21' 34" AND A CHORD WHICH BEARS S 41° 42' 07" E A DISTANCE OF 333.83 TO THE TRUE POINT OF BEGINNING: THECNE DEPARTING SAID SOUTHERLY LINE OF TRACT C, N 40° 50' 21" E A DISTANCE OF 75.68 FEET; THENCE N 85° 42' 11" E A DISTANCE OF 106.38 FEET; THENCE S 49° 09' 39" E A DISTACNE OF 93.53 FEET; THENCE S 40° 42' 11" W A DISTANCE OF 150.00 FEET TO A POINT ON SAID SOUTHERLY LINE OF TRACT C; THENCE ALONG THE SOUTHERLY LINE OF SAID TRACT C 168.99 FEET ALONG THE ARC OF A CURVE TO THE RIGTH HAVING A RADIUS OF 1848.86 FEET, A CENTRAL ANGLE OF OS° 14' 13" AND A CHORD WHICH BEARS S 49° 30' 03" E A DISTANCE OF 168.93 FEET TO THE TRUE POINT OF BEr~iNG THE SOLE PURPOSE OF THIS DESCRIPTION IS TO VACATE WELL TRACT No. 2 FROM TTS INCORRECT LOCATION ON SAID TRACT C ,BERRY CREEK /MILLER RANCH P.U.D. UNDER RECEPTION No. 799649 AND AMEND WELL TRACT No. 2 AS IT WAS DESCRIBED Ili BOOK 315 AT PAGE 627 IN THE EAGLE COUNTY CLERK AND RECORDERS OFFICE. IIIhVNgI~I~INInI~hIN~IIUiN~h~lnh,~ e9 a'w,,,. "~ 7 \\ ~ ~ ~ 6C0 . ~'•, 11~ A=-74'16'45" CENTERLINE OF BERRY \ ~ R=830.00' CREEK METROPOLITAN DISTRICT L=1076.03' RIGHT OF WAY EASEMENT T=628.63' (BOOK 315 AT PAGE 627) CH=1002.24' ~~ CB=S42'36'14"E ~..` •~ ~ 6 i ~ ~~ / °6~ eo2s 06 s' t ~ ~~ ~y1 \ ~~~ \ WELL TRACT No. 2 TRUE POINT \\ EASEMENT TO BE VACATED- ' \ F BEGINNING ~\ BOOK 315 PAGE 620 & I \ FROM BERRY CREEK/ ~' \ RANCH P.U.O. \\ \~ RECEPTION No. 799649 \\\~ ~2\ Ji^ ~ L2 ~f _= ~ i_„~. ` EASEMENT TO BE CREATED \ ~~;~ ;;~~~~~(SHADED AREA) r~ c. ~-- `~` LINE TABLE LINE LENGTH BEARING Et .68' N 0'50'21"E E2 106. 8' N85'42'11"E E3 93.53' 549'09'39"E E4 150.00' __ 540'42'11"W V1 150.00' N40'42'11"E V2 150.00' _ 549'17'49" V3 50.00' 540'42'11"W TRACT B MILLER RANCH ROq p N 7g •44. 17g.62~"W ~~ R.O. W.) 0=143'10'59" R=95.00' L=237.41' I T=285.44' CH=180.28' CB=S79'44'37"E ` `- -- ~ ~ TRACT C ~,\\ ~ - i ~ ~ ~ \~`~ E T ~ - 589'07'05"E \ 121.78' ~,. ,, \ . ~L . ~ ;" 1 + a~~2a t~ ' CURVE TABLE CURVE DELTA RADIUS LENGTH TANGENT CHORD CHORD BEARING Cl 26'50'ZO" 1848.86' 866.06' 441.1 858.16' 549'56'30"E C2 10'21'34" 1848.86' 334.28' 167.60' 333.83' S41'42'07"E ECt 05'14'13" 1848.86' 168.99' 84.55' 168.93' N49'30'03"W VC7 04'37'19" 1860.00' 150.04' 75.06' 150.00' S49'17'49'E i :07 AM MDT SCALE: 1 "=200' EIQiIBT A -WELL TRACT No. 2 0 , A PART OF TRACT C, . ~ 3 `-- BERRY CREEK RANCH/MILLER RANCH P.U.D. w" ~*µ~ COUNTY OF EAGLE, STATE OF COLORADO ""~ `""° ~""'"" "` ~'us~n isw4i may a n M ^/~C6~ YY// ~.. v m S"~ ~ N~ Y!y N O 41 m41 m rn~ Clam m ~~ m ~m ~~ ~~ er m r ~~ ~~ U ~~ ~ ~~ rn ro ~ w ~. ~ 0 ~ ~ ~~ o - N s Y ~ R v