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Home My WebLink AboutC04-291 Upper Eagle Regional Water Authority ENCROACHMENT AGREEMENT HIS AGREEMENT is made and entered into this day of l,~j 2004, by UPPER EAGLE REGIONAL WATER AUTHORITY, aquasi-municipal corporation and political subdivision of the State of Colorado, (hereinafter refereed to as "Water Authority") and EAGLE COUNTY, . a body politic and corporate, and a political subdivision of the State of Colorado, acting by and through its Board of County Commissioners, (hereinafter referred to as "County"). WHEREAS, Water Authority is presently the owner of that certain real property easement described on Exhibit A, attached hereto and incorporated herein by this reference, which is located in Eagle County, Colorado; and WHEREAS, County wishes to encroach upon such easement in a manner outlined below; and WHEREAS, Water Authority is willing to allow County to effect such an encroachment upon the County indemnifying, as permitted by Colorado law, Water Authority and others from any loss resulting therefrom and other terms and conditions as outlined below. NOW, THEREFORE, in consideration of the covenants and promises herein, the parties hereby agree as follows: 1. County applies to Water Authority for an encroachment to construct a volleyball site over a well site easement. 2. The County shall indemnify the Water Authority from the costs of any repairs to the Water Authority's use of the easement which may occur as a result of the encroachment. 3. The County shall hold harmless the Water Authority from the cost of repairing any damage to the encroaching structure, which damage may be caused by any activity of the County in the easement. 1 4. The County shall indemnify the Water Authority from any increase in the cost of any repairs to the Water Authority's facilities, if any such increase is due the instance of the encroachment. 5. This Agreement shall bind the successors and assigns of the County, and shall be appurtenant to and deemed to run with and for the benefit of the aforementioned property in Eagle County, Colorado until such time that the Water Authority abandons said easement, and t~iis Agreement shall be recorded against said property in accordance with the laws of the State of Colorado. IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed as of the day and year first above written. By: ATTEST: Clerk to the Board of~'`=~ County Commissioners COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY ~~,VIMISIONERS Tom C. Stone, Chairman ACCEPTED: UPPER EAGLE REGIONAL AUTHORITY By: Title: ~f/,~li 2`%ff iy Date: ~ -,~ ~-G ~ 2 EXHIBIT ~~ WELL TRACT No 2 • ~~? ~~`~- s4-- EASEMENT AMENDMENT DESCRIPTION A UTILITY EASEMENT ORIGINALLY BEING DESCRIBED IN BOOK 315 AT PAGE 6271N 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 AMENDED AS FOLLOWS: COMIVIENCING~AT THE WESTERLY CORNER OF SAID TRACT C, BERRY CREEK /MILLER RANCHP.U.D.~AND ALSO BEING ON THE NORTHERLYI RIGHT-OF-WAY LINE OF DENVER RIO GRAND RAILROAD WHENCE THE NORTHERLY Ct1RNER OF SAII3 TRACT C BEAR.St N 51 ° ~ 1 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 PO OF BEG G: THECNE DEPARTING SAID SOUTHERLY LIlVE OF TRACT C, N 40° SO' 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 L INE OF SAID TRACT C 168.99 FEET ALONG THE ARC OF A CURVE TO THE RIGTIi 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 BEGIIVNING THE SOLE PURPOSE OF THIS DESCRIPTION IS TO VACATE WELL TRACT No. 2 FROM TTS INCORRECT LOCATION ON SAID TRACT C ,BERRY CREEK / MII.LER RANCH P.U.D. UNDER RECEPTION No. 799649 AND AMEND WELL TRACT No. 2 AS TT WAS DESCRIBED IN BOOK 315 AT PAGE 627 IIV THE EAGLE COUNTY CLERK AND RECORDERS OFFICE. :l ~a. 1" i • . ~- I I CENTERLINE OF BERRY CREEK METROPOLfTAN DISTRfCT ' RIGHT OF WAy EASEMENT \ (BOOK 315 AT PAGE 627) ,:,, , ~~ i~ ~\ ~% \\ , ~~ 60~~ ~\ ~~,~o ~~~ . \ --. -~ .~~ :;, ~~ .. `~=74`16`45" Rg83fl.Od' L=1076,03' ' T=628,63' CH=1002.24' CB=S42'36'14"E TRACT B TA \\ ~ - \ \ TRUE POINT \~ EASEMENTCTO 8E2VACATED- \ FBEGINNING \~\ BOOK 315 PAGE 620 & \ FROM BERRY CREEK/ \ RANCH P.U.D. \~ ~~ RECEPTION No. 799649 \\~• ~r'\ ~.~ J~ ~\L2 ~/ ~ ~ EASEMENT TO BE CREATED ~ 'R"'~;i~i~i~;~F~ ~~`~(SHADED AREA) ~, Y• ~~~;A`h ~~~ ,/ -° *' C1 ~'7 *~;~;;~ ^ ~ \ ;~~~. :~'~ 1 ~~, < I ; ~ ,`~ `362,9, ., -~ -----_ ---- _. / ' ~ ~~ ~~^oo- N7g•44~3j <NLER RANCH ROgD 178.62, X60' R.O. ~_ W. I ~=143'10'59" R=95.00' L=237.41' I T=285.44' CH=180.28' CB=S79'44'37"E TRACT C 589'07'05 121,78' I I _ .___ - SCALE. 1 "' =200' EXHIBT A -WELT, TRACT No. 2 A PART OF TRACT C, o. '~' BERRY CREEK RANCH~Mi~g g~CH p,U,D. ~~;~'~I. ~{ ~;5~ ~ PfAN UNO CONSULTANTS, ANC, COUNTY OF EAGLE, STATE OF COLORADO „a;;p ~,o su,~~cr~c a~fau lepe uavf wa lee. vA,, ee ,Ne1 . -- ~-..y ~~nrnoi[-~.tlwg 08/04/2003 0&Si•m A11 un~