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HomeMy WebLinkAboutC06-306 EAGLE COUNTY, CO 2i.:li.:lS2845f.:l TEAK J SIMONTON '0 '0 lQ 174 Pgs: 6 03:54:49PM 1 i.:l/l 7/2i.:li.:lS REC: $0.00 DOC: $ '0 '0'0 EASEMENT DEJ" I " "" I " I "" """ " THIS DEED is made this //':!- day of Of. t/obe&r- , 2006, between THE TOWN OF EAGLE, COLORADO, a municipal corporation, whose address is P.O. Box 609, Eagle, Colorado 81631 ("Grantor") and THE BOARD OF COUNTY COMMISSIONERS OF EAGLE COUNTY, COLORADO, a political subdivision of the State of Colorado, whose address is P.O. Box 850, Eagle, Colorado 81631 ("Grantee"). bl (~C/ WITNESSETH: Grantor is the fee owner of certain real property described on Exhibit "A" attached hereto and incorporated herein by this reference, hereinafter referred to as the "Property" or the "Easen1ents". Grantee is desirous of accepting easements on the Property under the terms, conditions and agreements contained herein. Grantor, for and in consideration of the sum of ten dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, by these presents does hereby grant, sell, and convey unto Grantee, and its successors and assigns, perpetual, a nonexclusive easement as described in Exhibit "A" attached hereto, for the benefit of the general public, for the installation, maintenance, and use of a pedestrian and bicycle trail, in, on, over and upon the Property, to have and to hold the same, together with all and singular the appurtenances and privileges thereunto belonging or in any way thereunto appertaining, to the proper use and benefit of Grantee, and its successors and assigns, forever, subject only to the terms hereof. Grantee may establish rules for the use of the easements herein described for trail purposes in accordance with its exclusive judgment. Grantee may grade, pave and otherwise improve said easements for trail purposes, including the installation of rule and use signs, culverts and other drainage structures. Grantee shall notify Grantor prior to construction of planned and future improvements to enable Grantor an opportunity to comment on the improvements. Any drainage or culvert improvements or alterations proposed by the Grantee as part of trail construction or trail maintenance are subject to the review and approval of the Grantor prior to any work taking place. Grantee shall construct, maintain, repair and replace, in a manner and by means in accordance with its exclusive judgn1ent and in consultation with the Grantor, and all such improvements are at Grantee's or another parties' own expense. Grantor shall have no obligation to construct, maintain, repair and replace any improvements within said easements. In the event any improvements constructed within the Easements are damaged or destroyed as a result of actions by the Grantor, Grantor shall be solely responsible for reconstructing or repairing the Easement improvements described herein. c/? L <':"_ Grantee may COlmect the trails within the easements herein conveyed to trails on adjoining properties. Grantor shall not place, construct or maintain any structure on or above the surface of the easements herein conveyed or otherwise obstruct access to or the use of said easements. The easements herein granted are subject to any prior recorded grants of easements. After the date hereof, Grantor shall not make or authorize any use of the Property which is inconsistent with or interferes with the easements conveyed herein and the uses authorized herein. To the extent permitted by law, Grantee agrees to indemnify, protect, defend and hold harmless Grantor from and against any and all claims, demands, causes of action, losses, liabilities, suits, costs and expenses, including, without limitation, reasonable attorney's fees (including legal assistant's fees) and court costs, asserted against or incurred by Grantor by reason of or arising under the use of the easements conveyed herein by Grantee or any member of the public, or any acts or omissions of Grantee, its officers, employees, agents, grantors or subcontractors in connection with the construction and maintenance of improvements within the easements herein conveyed. The obligation of Grantee to indemnify, protect, defend and hold harmless Grantor as provided herein is absolute, unconditional, present and continuing, and shall not be dependent upon or affected by the genuineness, validity, regularity or enforceability, demand or suit from which Grantor is indemnified, provided that Grantee does not hereby waive the immunities and limitations provided under the Colorado Governmental Immunity Act or any successor thereto, or other provisions of applicable law. IN WITNESS THEREOF Grantor has executed this Deed on the day and year first above written. GRANTOR: (-t ~--l;) .~'~...i: : :. :~XTTE&i:~; 50. . ~', _;>.<~:_ <,_:>, '::;l- . ...." . _ _' '-;e. _: > ",r ~J'tA:llf?o~ COLORADO, a acting by and t STATE OF COLORADO ) )ss. COUNTY OF EAGLE ) i I} w.. Subscribed and sworn to before me this ~ day of Stavney, Mayor and Marilene M. Miller, Town Clerk. WITNESS MY HAND AND OFFICIAL SEAL. My comn1ission expires: II ~:). d PO f Or! r!o Iu~ ,2006, by Jon ?!1;?d:~ L;n.. ~~ Not y Public ACCEPTANCE The foregoing Deed is hereby accepted by the Board of County Commissioners of Eagle County, Colorado, on Oc.-/;. {elf ((p , 2006. GRANTEE: COUNTY OF EAGLE, STATE OF COLORADO, by and through its BOARD OF COUNTY COMMISSIONERS BY STATE OF COLORADO ) )ss. COUNTY OF EAGLE ) --77- Subscribed and sworn to before me this ~ day of ;),(/:-;:/;jp~? ~/eJ! ;: e/J Vj);J , Chairman and ~#K ..y. ;5//J?u>d ,?;;v County Commiss{oners. , 2006, by , Clerk to the Board of WITNESS MY HAND AND OFFICIAL SEAL. ~/- 9-//.Y My commission expires: Q~< o!afy Public 1.-// -v')lres~ EXillBIT A 20' ECO Trail Easement A parcel ofland located within the Wastewater Treatment Facility AImexation, as described in Book 703 at page 911, Eagle County records, Town of Eagle, Eagle County, Colorado, being twenty (20) feet in width, ten (10) feet on each side of the following described centerline: Beginning at a point on the westerly line of said Wastewater Treatment Facility Annexation, from which the southwest corner bears S24038'23"E, 12.21 feet; thence 89.58 feet along the arc of a curve to the left having a radius of 500.00 feet, a central angle of 10015'56" and a long chord which bears N71 032'50"E, 89.46 feet; thence N66024'53"E, 30.61 feet; thence 234.24 feet along the arc of a curve to the right having a radius of 1214.58 feet, a central angle of 11003 '00" and a long chord which bears N72018'37"E, 233.88 feet; thence 79.91 feet along the arc of a reverse curve to the left having a radius of 868.82 feet, a central angle of 5016' 11" and a long chord which bears N74002' 13"E, 79.88 feet; thence 88.50 feet along the arc of a reverse curve to the right having a radius of 1166.10 feet, a central angle of 4020'53" and a long chord which bears N73034'34"E, 88.47 feet; thence 14.66 feet along the arc of a reverse curve to the left having a radius of 1 0.85 feet, a central angle of 77025' 56" and a long chord which bears N38039'21"E, 13.57 feet to a point on the southerly side of Violet Lane, said point being the Point of Terminus, said parcel containing 0.234 acres, more or less. Temporary Construction Easement A parcel of land located within the Wastewater Treatment Facility Annexation, as described in Book 703 at page 911, Eagle County records, Town of Eagle, Eagle County, Colorado, being more particularly described as follows: Beginning at a point on the westerly line of said Wastewater Treatment Facility Annexation, from which the southwest corner bears S24038'23"E, 22.41 feet; thence along said westerly line N24038'23"W, 67.70 feet to a point on the southerly line of Violet Lane; thence departing said westerly line and along said southerly line the following four (4) courses: 1) S88051 '47"E, 71.57 feet, 2) N86020'02"E, 47.17 feet, 3) N79039'56"E, 47.28 feet, 4) N75035' 16"E, 11.34 feet; thence departing said southerly line S14024'44"E, 18.49 feet to a point on the northerly line of the above described 20' ECO Trail Easement; thence along said northerly line the following three (3) courses: 1) 42.41 feet along the arc of a curve to the left having a radius of 1224.58 feet, a central angle of 1059'04" and a long chord which bears S67046'39"W, 42.41 feet, 2) S66024'53"W, 30.61 feet, 3) 89.79 feet along the arc ofa curve to the right having a radius of 490.00 feet, a central angle of 10029'59" and a long chord which bears S7l039'52"W, 89.67 feet to the Point of Beginning, said parcel containin. 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