HomeMy WebLinkAboutC05-316 Golden Eagle Elderly Housing Corporation
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ENCROACHMENT AGREEMENT
THIS AGREEMENT is made and entered into this \ day of
2005, by GOLDEN EAGLE ELDERLY HOUSING
CORPORATION, a Colorado non-profit corporation, (hereinafter referred to as
"Golden Eagle") 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, Golden Eagle is presently the owner of that certain real property
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 property on the north and
south side as depicted on Exhibit B, attached hereto and incorporated herein by this
reference; and
WHEREAS, Golden Eagle is willing to allow County to effect such an
encroachment upon the County indemnifying, as permitted by Colorado law, Golden
Eagle from any loss resulting therefrom and other tenus 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 Golden Eagle for an encroachment to expand the
Eagle County Senior Center over Golden Eagle Apartment's property line.
2. 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 and this 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.
1
COUNTY OF EAGLE, STATE OF COLORADO,
By and Through Its BOARD OF COUNTY
ATTEST: 'k~~~:,:::~M NERS
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By. Clerk to the Board 0 ~:;~,~~~:~2;:
County Commissioners
ACCEPTED:
GOLDEN EAGLE ELDERLY HOUSING
COPRORA@
By: ~
Title: ~f'.s-II)gr A/"'-
Date:
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LEGAL DESCRIPTION Our Order No. YC275198-9
LOT 1B, GOLDEN EAGLE ELDERLY HOUSING, ACCORDING TO THE PLAT RECORDED JULY 18,
1985 IN BOOK 420 AT PAGE 259, COUNTY OF EAGLE, STATE OF COLORADO,
EXHIBIT
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OFFICE OFTHE ARN M. MENCONI
BOARD OF COMMISSIONERS PETER F. RUNYON
(970) 328-8605 TOM C. STONE
FAX: (970) 328-8629
TDD (970) 328-8797
Email: eagleadmin@eaglecounty.us EAGLE COUNlY
www.eaglecounty.us
August 3, 2005
The Golden Eagle Elderly Housing Corporation
Tom C. Stone, President
P,O, Box 850
Eagle, Colorado 81631
Re: Request to encroach into the property line of the
Golden Eagle Housing Apartments
Dear Mr. Stone:
Eagle County is in the process of expanding the existing Senior Community Center. The
expansion is necessary due to an increased demand on the services provided to the residences of
the Golden Eagle Apartments and the seniors in the Eagle County area, To make this happen,
the County has applied to the Town of Eagle to amend the current PUD guide to allow a one to
two foot development boundary setback for the Community Center and to allow an
encroachment into the property line of the Golden Eagle Apartments with the owner's consent.
Therefore, the Eagle County Board of County Commissioners is asking if the Board of the
Golden Eagle Elderly Housing Corporation would allow the County to expand the Senior Center
approximately two and one half feet (2 112') into the property line of Golden Eagle Apartments,
Granting such a request would help the County tremendously and would serve the Senior
Citizens of Eagle County, The Board of County Commissioners took the liberty of directing its
legal staff to draft an Encroachment Agreement for your review.
If the Encroachment Agreement is acceptable, please sign and return to the Eagle County
Attorney's office in care of Walter Mathews, Deputy County Attorney. Furthermore, if you have
any questions regarding this request or the expansion ofthe Senior Center, you may contact
Walter at the County Attorney's office.
Eagle County Building, 500 Broadway, P.O. Box 850, Eagle, Colorado 81631-0850
In closing, please do not hesitate to contact me if the Board of County Commissioners of Eagle
County, Colorado may be of further service.
Sincerely,
COMMISSIONERS
Peter F. Runyon
Chairman Pro Tem
BoCC:wm
Enclosure
