HomeMy WebLinkAboutC07-017 Everett Case Parcel_temp easementTEMPORARY EASEMENT AGREEMENT Everett Case ("Case"), as owner of the parcel of real property shown on Exhibit A hereto as "Everett Case Parcel" (the "Parcel"), hereby grants to Eagle County, and Eagle County hereby accepts, a temporary easement for Eagle County access to and use of the parcel for the limited purpose of performing work associated with reconstruction of the existing rock drop structures to facilitate diversion of water through the Neilson Ditch headgate (the "Work"), as more fully described in Exhibit B hereto. It is understood and agreed Eagle County will perform the work as expeditiously as practicable and with as little impact on the Parcel as practicable, and that following completion of the Work Eagle County will promptly repair any damage done to the Parcel and restore it so far as practicable to its original condition. Eagle County anticipates that the Work will commence on or about January 17, 2007 and be completed on or about February 28, 2007. Questions by Case concerning the Work may be directed to Brad Higgins, whose telephone numbers are 328-3541 (office) and 471-4151 (cell) . Dated this IL day of January, 2007. 1-4t=�a tt �,- aa� Everett Case EAGLE COUNTY, STATE OF COLORADO by and through its BOARD OF COUNTY COMMISSIONERS By: Chair /OAo - / ATTEST: Clerk of the Board of County Commissioners n,,n. ,te.�4-1 CD w o0 N ' O N O O m O C CD Exhibit B to Case Easement Due to erosion of the stream channel, the Neilson Ditch headgate is not conveying its full water right, except during spring runoff. The existing diversion structure consists of two straight rock drop structures located perpendicular to the stream channel. This structure continually has problems with bank erosion, function and stability. The Eagle County Road & Bridge Department plans to use 3-5 foot diameter angular boulders to reconstruct the existing rock drop structures into U -shape drop structures. A third drop structure will be constructed 50 feet downstream. Additional boulders will be placed along the south bank to help armor the bank from further erosion. The work to be done on the Case property includes the construction of the southern portions of the three drop structures and the boulder armoring of the southern bank. Temporary pedestrian access will be needed in order to set the oil booms on the south side of the River. It is not anticipated that the construction equipment will need to access the river from the south side. However, in the event that it is needed, the Road & Bridge Department will review the proposed point of entry with Mr. Case prior to commencing work.