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HomeMy WebLinkAboutC07-360 Town of Eagle WaterTOWN OF EAGLE, COLORADO EXTRATERRITORIAL WATER SERVICE AND WASTEWATER COLLECTION AND TREATMENT SERVICE AGREEMENT EAGLE COUNTY FAIRGROUNDS MULTI -USE PAVILION AND EAGLE COUNTY ANIMAL SERVICES FACILITY THI AGREEMENT, is made and entered into as of the 44 day of 2007, by and between the TOWN OF EAGLE, COLORADO, a municipal corporation, whose address is 200 Broadway, Eagle, Colorado 81631 ("Town"), and COUNTY OF EAGLE, STATE OF COLORADO, a body corporate and politic, by and through its Board of County Commissioners, whose address is P.O. Box 850, Eagle, Colorado 81631 ("Owner"). RECITALS WHEREAS, the Town owns and operates the Town of Eagle water system and wastewater collection and treatment system in accordance with the laws of the State of Colorado and the municipal ordinances, rules, regulations, policies and resolutions of the Town; and WHEREAS, Owner desires to obtain Town water and wastewater service for the Eagle County Fairgrounds Multi -Use Pavilion and the County Animal Services Facility, County of Eagle, State of Colorado (collectively the "Property"); and WHEREAS, Owner desires to obtain municipal treated water service and municipal wastewater collection and treatment service directly from the Town for the Property which is located outside the corporate limits of the Town; and WHEREAS, the Property is situated in a manner so that Owner can efficiently connect to the water system and wastewater collection and treatment system owned and operated by the Town; and WHEREAS, water service and wastewater collection and treatment service for the Property will require the construction, and installation of certain water mains, wastewater mains, lines and related facilities; and WHEREAS, the Town has determined that this Agreement and all covenants herein are necessary to comply with the Eagle Municipal Code and the goals, policies and plans of the Town, and the Town is not hereby representing that it is a regulated public utility; and WHEREAS, the Town is authorized by Section 31-35-402, C.R.S., to provide water service and wastewater collection and treatment service to properties located outside of its boundaries by means of a contract; and WHEREAS, Sections 12.16.025(C) and 12.347.020(C) of the Eagle Municipal Code, the Town may extend water service and wastewater collection service to property owned by the County of Eagle lying outside the corporate limits without the necessity of annexation of the property when the Board of Trustees finds and determines that it is in the best interest of the Town to provide requested extraterritorial service to such property; and WHEREAS, the Board of Trustees of the Town of Eagle hereby finds and determines that it is in the best interest of the Town to provide extraterritorial water service and wastewater collection service to the Property; and WHEREAS, ordinarily the Eagle Municipal Code requires the payment of plant investment (tap) fees for treated water service and wastewater treatment and collection service to be assessed at the time of application for water and wastewater collection service, however, the Town is desirous of acquiring a waterline easement across portions of the Eagle County Fairgrounds from Owner in lieu of payment of the above mentioned plant investment fees; and WHEREAS, the Town desires to provide municipal water service and municipal wastewater collection and treatment service to the Property on the terms and conditions contained in this Agreement. NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: SECTION 1 WATER SERVICE 1.1 Provision of Water Service. The Town agrees to provide municipal water service to the Property under the terms and conditions specified in this Agreement and pursuant to all requirements as set forth in the Eagle Municipal Code and the Town's rules, regulations and policies concerning water service, except as otherwise provided herein. The Town shall be the sole municipal water service provider to the Property, with the exception of raw water for irrigation, if any. Water service for the Property shall not exceed service to the Eagle County Fairgrounds Multi -Use Pavilion and the Eagle County Animal Services Facility. Provision of water service to the Property shall be made on a first come/first served basis with the Town's other water customers, subject to system capacity and any prior commitments, and payment of connection charges in the amount of $1,700.00 for a two inch (2") meter at the Eagle County Fairgrounds Multi -Use Extraterritorial Water Service and Wastewater Collection Agreement 2 County of Eagle, State of Colorado Final Pavilion and the $450.00 for a two inch (2") meter at the Eagle County Animal Control Facility. As of the date of this Agreement, the Town is continuing to provide water service to other existing facilities located in the Eagle County Fairgrounds and nothing contained in this Agreement is intended to affect water service to such other facilities. 1.2 Payment in Lieu of Dedication of Water Riffs_ In accordance with Section 12.26.050(B) of the Eagle Municipal Code, Owner shall pay to the Town the sum of $25,198.00 representing the fair market value of the water rights necessary to serve the Property in accordance with Section 12.26.030 of the Eagle Municipal Code. Said fees shall be paid to the Town by the Owner concurrently with the approval of an application for water tap(s). 1.3 Construction of Treated Water Distribution System. The Owner, at its sole expense, shall design, purchase, and install all elements of a municipal treated water distribution system to fully service the Property, including but not limited to a water main in the location described in Exhibits "A" through "J" attached hereto and incorporated herein by this reference, service line laterals, pipe lines, and all appurtenant facilities necessary to provide treated municipal water service to the Property. The construction and installation of any required improvements shall be in accordance with the design drawings, plans, and specifications as approved by the Town, and applicable Town ordinances and regulations. The Town shall have the right to make inspections and require testing during construction of the improvements in such reasonable intervals as the Town Engineer may request. Inspection, acquiescence, and approval of any inspector of the construction of physical facilities, at any particular time, shall not constitute the approval by the Town of any phase of the construction of such improvements. 1.4 Approval of Facilities Constructed by Town Engineer. Upon completion of construction by the Owner of such water distribution system improvements, the Owner shall submit to the Town written certification that all facilities have been constructed and installed in conformity with the design drawings, plans, and specifications as approved by the Town, including any duly approved change orders. At such time, the Owner shall also provide the Town with written estoppel certificates executed by all persons specified in Section 38-22-101, C.R.S., certifying that all work has been completed by such persons, and all money due them for labor performed or materials delivered has been paid, and waiving all rights to mechanic's liens and other remedies against the Property or the Town. Upon receipt of the written certification and in a timely and expeditious manner, the Town Engineer shall inspect the facilities and certify with specificity their conformity or lack thereof to the approved plans and specifications. The Owner shall make all corrections necessary to bring the facilities into conformity with applicable Town standards and approved plans and specifications. The Town shall be under no obligation to provide any water service to the Property until all such facilities are brought into conformance with the approved plans and specifications and applicable Town standards. Extraterritorial Water Service and Wastewater Collection Agreement 3 County of Eagle, State of Colorado Final Within twenty (20) days of certifying the conformity of the facilities with approved plans and specifications and the provision of acceptable "as built" drawings as required in subsection 1.5, the Town shall approve and accept said facilities by providing written notice of such approval and acceptance to the Owner. 1.5 Provision of "As -Built" Drawings. The Owner shall provide all necessary engineering designs, surveys, field surveys and "as -built" drawings for the water distribution system improvements at its sole cost and expense. An AutoCAD electronic file of the as -built drawings shall be provided to the Town, and this file shall be on the same coordinate system as the Town's existing AutoCAD as -built maps. The legal description of all water lines shall be prepared by a registered land surveyor at the Owner's sole expense. SECTION 2 WASTEWATER COLLECTION AND TREATMENT SERVICE 2.1 Provision of Wastewater Collection and Treatment Service. The Town agrees to provide municipal wastewater collection and treatment service to the Property under the terms and conditions specified in this Agreement and pursuant to all requirements as set forth in the Eagle Municipal Code and the Town's rules, regulations and policies, except as otherwise provided herein. The Town shall be the sole municipal wastewater collection and treatment service provider to the Property. Wastewater collection and treatment service for the Property shall not exceed service to the Eagle County Fairgrounds Multi -Use Pavilion and the Eagle County Animal Services Facility. Provision of wastewater service to the Owner shall be made on a first come/first served basis with the Town's other wastewater service customers, subject to system capacity and any prior commitments. As of the date of this Agreement, the Town is continuing to provide wastewater collection service to other existing facilities located in the Eagle County Fairgrounds and nothing in this Agreement is intended to affect wastewater service to such other facilities. 2.2 Construction of Wastewater Collection and Treatment System. The Owner, at its sole expense, shall design, purchase, and install all elements of a wastewater collection system to fully service the Property, including but not limited to wastewater mains, service line laterals, pipe lines, and all appurtenant facilities necessary to provide municipal wastewater collection and treatment service to the Property. The Owner shall provide all necessary engineering, designs, surveys, field services, and incidental services at its sole expense. The construction and installation of all required improvements shall be in accordance with the design drawings, plans, and specifications as approved by the Town, and applicable Town ordinances and regulations. The Town shall have the right to make inspections and require testing during construction of the improvements in such reasonable intervals as the Town Engineer may request. Inspection, acquiescence, and approval of any inspector of the construction of physical facilities, at any particular time, Extraterritorial Water Service and Wastewater Collection Agreement 4 County of Eagle, State of Colorado Final shall not constitute the approval by the Town of any phase of the construction of such improvements. 2.3 Approval of Facilities Constructed by Town Engineer. Upon completion of construction by the Owner of such wastewater collection system improvements, the Owner shall submit to the Town written certification that all facilities have been constructed, and installed in conformity with the design drawings, plans, and specifications as approved by the Town, including any duly approved change orders. At such time, the Owner shall also provide the Town with written estoppel certificates executed by all persons specified in Section 38-22-101, C.R.S., certifying that all work has been completed by such persons, and all money due them for labor performed or materials delivered has been paid, and waiving all rights to mechanic's liens and other remedies against the Property or the Town. Upon receipt of the written certification and in a timely and expeditious manner, the Town shall inspect the facilities and certify with specificity their conformity or lack thereof to the approved plans and specifications. The Owner shall make all corrections necessary to bring the facilities into conformity with applicable Town standards and approved plans and specifications. The Town shall be under no obligation to provide any wastewater collection and treatment service to the Property until all such facilities are brought into conformance with the approved plans and specifications and applicable Town standards. Within twenty (20) days of certifying the conformity of the facilities with approved plans and specifications and the provision of acceptable "as built" drawings as required in subsection 2.4, the Town shall approve and accept said facilities by providing written notice of such approval and acceptance to the Owner. 2.4 Provision of "As -Built" Drawings. The Owner shall provide all necessary engineering designs, surveys, field surveys and "as -built" drawings for the wastewater collection system improvements at its sole cost and expense. An AutoCAD electronic file of the as -built drawings shall be provided to the Town, and this file shall be on the same coordinate system as the Town's existing AutoCAD as -built maps. The legal description of all wastewater lines shall be prepared by a registered land surveyor at the Owner's sole expense. SECTION 3 CONVEYANCE OF PUBLIC IMPROVEMENTS AND EASEMENTS 3.1 Conveyance of Water and Wastewater Facilities. All public improvements constructed in accordance with this Agreement, including water mains, service lines, laterals, and other water distribution facilities, as well as all wastewater collection mains, lines, laterals and related improvements shall be conveyed to the Town following completion of construction and approval by the Town Engineer. Owner shall convey to the Town by bill of sale all physical facilities necessary for the extension, operation, maintenance and repair of the improvements. Acceptance of such conveyance shall be Extraterritorial Water Service and Wastewater Collection Agreement 5 County of Eagle, State of Colorado Final authorized by the Town Manager. The Town reserves the right to determine what portion of any newly constructed facilities shall be considered public improvements to be owned and maintained by the Town, and what portion of any newly constructed facilities shall be considered private improvements to be owned and maintained by the Owner or its successors in interest. Following such conveyance, the Town shall be solely responsible for the maintenance of such public improvements, except for any correction required during the warranty period pursuant to Section 4. 3.2 Conveyance of Easements. Owner shall convey to the Town by general warranty deed non-exclusive utility easements, as determined by the Town, necessary for the installation, repair, replacement, reconstruction and inspection of all water mains, service lines, laterals, and other water distribution facilities necessary to serve the Property as well as for the installation, repair, replacement, reconstruction and inspection of all wastewater collection mains, service lines, laterals, and other wastewater collection facilities necessary to service the Property. Under such easements the Town shall have the exclusive right to determine the location, alignment and depth of such water and wastewater service facilities within the easements. Such easements may be used by the Owner and other parties so long as such use does not unreasonably interfere with the Town's use of the easements for their intended purposes. SECTION 4 WARRANTY AND PERFORMANCE GUARANTEE 4.1 Warranty for Public Improvements. The Owner shall warrant any and all public improvements which are conveyed to the Town pursuant to this Agreement for a period of two (2) years from the date the Town's Engineer certifies that the same conform with the approved plans and specifications and the Town accepts the conveyance thereof. Specifically, but not by way of limitation, the Owner shall warrant the following: (a) That the title conveyed shall be good and its transfer rightful; and (b) Any and all facilities conveyed shall be free from any security interest or other lien or encumbrance; and (c) Any and all facilities so conveyed shall be free of any and all defects in material or workmanship. 4.2 Performance Guarantee. In order to secure the performance of any warranty correction work on the improvements described in this Agreement for which the Owner is responsible, the Owner shall furnish the Town with a performance bond, letter of credit, or escrow agreement, in good and sufficient form approved by the Town Attorney, to secure the performance and completion of such warranty correction work in an amount equal to ten (10%) percent of the actual costs of such improvements or such other Extraterritorial Water Service and Wastewater Collection Agreement County of Eagle, State of Colorado Final collateral as may be satisfactory to the Town Attorney. Evidence of such security shall be provided to the Town upon delivery of the title to the improvements to the Town. A security shall be payable at any time upon presentation of (a) a signed draft drawn on the letter of credit in an amount to which the Town is entitled pursuant to this Section, if applicable; (b) an affidavit of the Town's Mayor stating the Owner is in default under this Section, has received notice of such default as required by this Section, and has failed to cure such default within the time set forth herein; and (c) the original form of security. In the event of a default by the Owner and compliance with the terms of this Section by the Town, the issuer of the security or the escrow agent shall be authorized and required to disburse funds, upon written request by the Town, showing the proposed payee and the amount to be paid. Copies of any such request shall be sent to the Owner at its last known address. Any performance guarantee issued pursuant to this Agreement shall be fully released and discharged upon expiration of the two (2) year warranty period, and the correction of any defects discovered during such warranty period. Sixty (60) days prior to the expiration of the warranty period, the Owner shall notify the Town Engineer in writing of the upcoming expiration of the warranty period. The Town Engineer will prepare a final warranty punch list within thirty (30) days of receipt of said notice and convey the final warranty punch list to the Owner. The Owner will then correct all items on the final warranty punch list prior to the expiration of the warranty period. Upon the Owner's failure to perform or have performed warranty correction work directed by the Town Engineer under this Agreement, the Town's Mayor may give written notice to the Owner of the nature of the default and an opportunity to be heard before the Board of Trustees concerning such default. If such default has not been remedied within thirty (30) days of receipt of the notice or of the date of any hearing before the Board of Trustees, whichever is later (or such reasonable time period as is necessary to cure the default provided the Owner has commenced to cure the default), the Town's Mayor may then give written notice to the Owner and issuer of the security, or the escrow agent, that the Town, as agent for the Owner, is proceeding with the task of performing the warranty correction work in whole or in part. The Owner hereby designates and irrevocably appoints the Mayor of the Town of Eagle, Colorado, as its attorney-in-fact and agent with a right of access to the Property for the purpose of completing all warranty correction work required by this Agreement in the event of a default by the Owner. This Agreement shall be recorded in the office of the Clerk and Recorder of Eagle County, Colorado, and shall constitute constructive notice of this Agreement and power of attorney provided herein. This Agreement and warranty contained herein may be enforced by the Town pursuant to all legal and equitable remedies under Colorado law, including an action for specific performance in a court of Extraterritorial Water Service and Wastewater Collection Agreement 7 County of Eagle, State of Colorado Final competent jurisdiction in the event the Town'does not undertake the correction work or proceed against the security therefore. If any legal proceedings are commenced concerning the Town's election to complete the warranty correction work as agent for the Owner, including the Town's election to draw upon the security or escrow funds herein provided for, the prevailing party shall be entitled to recover its reasonable attorney's fees and costs incurred therein. SECTION 5 CONSIDERATION PROVIDED IN LIEU OF PAYMENT OF PLANT INVESTMENT FEES, PAYMENT AND COMPUTATION OF OTHER CHARGES 5.1 Waiver of Plant Investment Fees. The parties acknowledge and agree that under the Eagle Municipal Code, Owner would ordinarily be required to pay water service plant investment (tap) fees in the amount of $56,610.00 and wastewater plant investment (tap) fees in the amount of fifty three thousand five hundred fifty dollars ($53,550.00). However, the Town hereby agrees to waive all water plant investment (tap) fees and wastewater service plant investment (tap) fees for the extension of water service and wastewater service to the Property for the consideration described in this Section 5. The parties hereby state and agree that the exchange of the consideration described in this Section in lieu of charges for water service and wastewater service plant investment (tap) fees is an exchange of items of equivalent values. 5.2 Conveyance of Waterline Easement. The Owner agrees to convey to the Town a permanent waterline easement and a temporary construction easement. The Owner shall execute and deliver an easement dedicating or conveying to the Town, and its successors and assigns, a twenty foot (20') wide perpetual non-exclusive easement for the purposes of installing, operating, inspecting, maintaining, and repairing a waterline for the Town's planned lower basin water treatment plant. The alignment of said easement shall be mutually agreed upon by the Town and Owner and shall be conveyed by the Owner to the Town within sixty (60) days following said mutual agreement on location and written notice from the Town to the Owner to convey such easement. Attached hereto as Exhibit "K," and incorporated herein by this reference, is a document identifying the probable alignments of such easement which shall be utilized by both parties as a planning document. Under the easement to be granted, the Town shall have the exclusive right to determine the location, alignment and depth of such water within the easement. Such easement may be used by the Owner and other parties so long as such use does not unreasonably interfere with the Town's use of the easement for its intended purposes. In addition, the Owner shall convey to the Town, and its successors and assigns, a fifty foot (50') wide temporary construction easement for the purposes of constructing and installing a waterline within the above described easement at the time the above-described permanent easement is conveyed. All construction shall occur at a time mutually agreeable to the parties and shall be diligently performed in a manner that will cause the least amount of interruption to Fairgrounds operations. The alignment of Extraterritorial Water Service and Wastewater Collection Agreement g County of Eagle, State of Colorado Final said temporary construction easement shall be mutually agreed upon by the Town and Owner. 5.3 Waiver of 1041 Permit Application Fees The parties acknowledge that the Owner does not desire to annex the Property to the Town. Therefore, the Town is required to follow Eagle County's 1041 permit process for the extension of its water service and wastewater collection facilities on and across Eagle County Fairgrounds lands. The Town agrees to follow Eagle County's 1041 permit process as contained in applicable Eagle County resolutions whenever the Town desires to extend or improve its water service or wastewater collection facilities through Eagle County Fairgrounds lands. However, the Owner agrees to waive the application fees for such 1041 permit applications made by the Town for the extension and/or improvement of its water service or wastewater collection facilities on, over or across Eagle County Fairgrounds lands during fifteen (15) years from the effective date of this Agreement. 5.4 Payment of Connection Fees. Prior to the extension of water service by the Town to the County Fairgrounds Multi -Use Pavilion, the Owner shall pay to the Town the sum of $1,700.00 for a two inch (2") meter. Prior to the extension of water service by the Town to the Eagle County Animal Control Facility, the Owner shall pay to the Town the sum of $450.00 for a two inch (2") meter. 5.5 Service Fees. Until such time as the Property maybe annexed to the Town, the Town shall charge water service fees and wastewater collection and treatment fees at the prevailing out -of -Town rates as established pursuant to the Eagle Municipal Code. In the event the Property is ever annexed to the Town, the Town shall charge such fees at the prevailing in -Town rates established under the Eagle Municipal Code. 5.6 Unpaid Fees, Lien. All water and wastewater service fees, charges and any delinquent charges assessed thereon from the time the same shall become due and payable, until said rates, fees and charges have been paid to the Town. If the Town is required to resort to legal action for collection of any service fees, charges or assessments due, the Town shall be entitled to its reasonable attorney's fees and other expenses incurred in such action if the Town prevails. In the event such charges are not paid when due, water service and wastewater service maybe discontinued by the Town when the Owner is two (2) months delinquent without further notice by turning off water service to the applicable premises. SECTION 6 COMPLIANCE WITH TOWN RULES AND REGULATIONS Except as expressly modified to the contrary in this Agreement and except as may otherwise be provided or satisfied by this Agreement, water service and wastewater collection and treatment service provided to the Owner shall be subject to all applicable ordinances, rules and regulations of the Town concerning the provision of water and Extraterritorial Water Service and Wastewater Collection Agreement 9 County of Eagle, State of Colorado Final wastewater treatment and collection service, and specifically to all applicable provisions of Title 12 of the Eagle Municipal Code in effect from time to time as fully as if the Property was located within the corporate limits of the Town. SECTION 7 REIMBURSEMENT OF COSTS 7.1 Review Costs. The Owner shall pay to the Town the actual cost to the Town for engineering, surveying, base map updating, and legal services rendered in connection with Owner's request for water service and wastewater collection and treatment service from the Town. Said costs shall include the actual cost to the Town for consulting services as well as the reasonable value of salaried Town employees' time. Provided, however, upon request, the Owner shall receive detailed invoices reflecting the nature and description of each charge so incurred. In the event the Owner does not believe that the costs assessed under this Section are reasonable, the Owner may appeal such assessment to the Board of Trustees. Following an opportunity for the Owner to be heard, the Board of Trustees shall affirm the appeal or deny the appeal. 7.2 Inspection Costs. Prior to the approval and acceptance of the construction and installation of the required public improvements, the Owner shall pay to the Town the actual cost of all inspections of such improvements made or conducted at the direction of the Town Manager, Town Engineer, or Town Public Works Director, as well as the reasonable value of salaried Town employees' time to conduct such inspections. In the event the Owner believes the costs assessed are unreasonable, the Owner may appeal such assessment in the manner set forth in subsection 7.1. SECTION 8 INDEMNIFICATION 8.1 Indemnification by Owner's Contractors. Any contractor employed by the Owner who performs work in connection with the construction of any public improvements required under this Agreement or within property owned by the Town shall indemnify and hold harmless the Town of Eagle, its officers, employees, insurers, and self insurance pool, from and against all liability, claims, and demands, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with work performed by such contractor for the Owner within the Town's easements or other property or in connection with the construction of improvements to be conveyed to the Town, if such injury, loss, or damage is caused in whole or in part by, or is claimed to be caused in whole or in part by, the act, omission, error, professional error, mistake, negligence, or other fault of such contractor, and a subcontractor of the contractor, or any officer, employee, representative, or agent of such contractor or of any subcontractor of the contractor, or which arise out of any worker's compensation claim of any employee of Extraterritorial Water Service and Wastewater Collection Agreement 10 County of Eagle, State of Colorado Final the contractor or of any employee of any subcontractor of the contractor. The contractor shall agree to investigate, handle, respond to, and provide a defense for and defend against any such liability, claims or demands at the sole expense of such contractor. The contractor shall also agree to bear all other costs and expenses related thereto, including court costs and attorney's fees, whether or not such liability, claims, or demands alleged are groundless, false or fraudulent. 8.2 Indemnification by Owner. In addition to the indemnification required in subsection 8.1 of this Section, the Owner, to the extent allowed by law, hereby expressly agrees to indemnify and hold the Town harmless from and against all claims, costs and liability of every kind and nature, for injury or damage received or sustained by any person or entity, excluding Town officers, agents or employees, in connection with, or on account of the performance of work required pursuant to this Agreement by such party, or its agents, contractors or employees pursuant to this Agreement. The Owner further agrees to aid and defend the Town in the event that the Town is named as a defendant in any action concerning the performance of work by the Owner, or its agents, contractors or employees pursuant to this Agreement except were such suit is brought by the Owner. The Owner shall not be considered an agent or employee of the Town for any purpose. 8.3 Governmental Immunitv. The parties hereto understand and agree that the Town and the Owner are relying on, and do not waive or intend to waive by any provision contained in this Section, the monetary limitations or any other rights, immunities and protections provided by the Colorado Governmental Immunity Act, Sections 24-10-101, et. seq., C.R.S., as from time to time amended, or otherwise available to the Town, the Owner, its officers, or its employees. SECTION 9 ENFORCEMENT AND TERMINATION OF AGREEMENT 9.1 Default: Notice, Termination. In the event of any default or breach by the Owner, or its successors and assigns, of a covenant, term, condition or obligation under this Agreement, and if such default or breach continues after notice thereof for sixty (60) days, this Agreement may be forthwith terminated at the option of the Town. Any declaration of termination of the Agreement shall be effective only after and upon a resolution to that effect duly authorized by the Eagle Board of Trustees. All rights concerning remedies or attorney's fees shall survive any termination of this Agreement. 9.2 Legal Action. The parties to this Agreement shall have all rights available`at law or in equity to enforce the terms of this Agreement, including the right of specific performance. In the event that any action is filed or maintained by either party in relation to this Agreement, the substantially prevailing party shall be entitled to its costs and reasonable attorney's fees or the reasonable value of a salaried attorney's time. Extraterritorial Water Service and Wastewater Collection Agreement 11 County of Eagle, State of Colorado Final 9.3 Termination Upon Conveyance of Property. In the event Owner conveys the Property to private person(s) or a private entity, the Town shall cease to provide water service and wastewater collection service to the Property, upon thirty (30) days written notice of such termination of service to the Property owner, and this Agreement shall be deemed terminated and of no force or effect, unless the Property is annexed to the Town in accordance with applicable law. SECTION 10 MISCELLANEOUS PROVISIONS 10.1 Waiver of Defects. In executing this Agreement, Owner and the Town waive all rights they may have concerning defects, if any, of the form of this Agreement, the formalities whereby it is executed; and concerning the procedure, substance and form of the ordinances or resolutions adopting this Agreement. Owner further waives all rights it may have concerning the power of the Town to impose conditions on Owner as set forth herein. 10.2 Failure to Exercise Rights. No waiver of any provision of this Agreement will be deemed or constitute a waiver of any other provision, nor will it be deemed or constitute a continuing waiver unless expressly provided for by written amendment to this Agreement signed by the Town and the Owner. The waiver of any default under this Agreement shall not be deemed a waiver of any subsequent default or defaults of the same type. The Town's failure to exercise any right under this Agreement will not constitute the approval of any wrongful act by the Owner or the acceptance of any improvement. The Owner's failure to exercise any right under this Agreement will not constitute the approval of any wrongful act by the Town. 10.3 Complete Agreement. This Agreement contains all of the understandings, conditions and agreements between the Town and Owner relating to the provision of municipal water service and wastewater treatment and collection service at this time, and no other prior or current representation, oral or written, shall be effective or binding upon the Town and the Owner. 10.4 Attorney's Fees. In the event that any action is filed or maintained by either party in relation to this Agreement, the substantially prevailing party shall be entitled to its costs and reasonable attorney's fees (including legal assistant's fees) or the reasonable value of a salaried attorney's time (including legal assistant's time). All rights concerning remedies or attorney's fees shall survive termination of this Agreement. 10.5 Authorization. The signatories to this Agreement affirm and warrant that they are fully authorized to enter into and execute this Agreement, and all necessary actions, notices, meetings and/or hearings pursuant to any law required to authorize their execution of this Agreement have been made. Extraterritorial Water Service and Wastewater Collection Agreement 12 County of Eagle, State of Colorado Final 10.6 Amendments. This Agreement may be amended from time to time by written agreement duly authorized by the parties, provided however, that subsequent owners of any portion of the Property, if annexed, shall be subject to this Agreement and shall be entitled to receive water service and wastewater treatment and collection service pursuant to the terms of this Agreement without amendment to this Agreement and shall be considered beneficiaries hereof. 10.7 Covenants: Binding. This Agreement shall extend to, be binding upon, and inure to the benefit of the parties hereto and the successors and assigns of the respective parties hereto. Specifically, by accepting a deed to any or all of the Property, any grantee of the Owner agrees to be bound by the terms of this Agreement, including the termination provisions set forth in subsection 9.3, and this Agreement shall be deemed to be a restrictive covenant running with the Property for the benefit of the Town of Eagle water system and wastewater treatment and collection system and the real property owned by the Town for said systems. 10.8 Notices. All notices required or given by the terms of this Agreement shall be made by certified first class mail, postage prepaid, return receipt requested, to the parties at their addresses listed below. All notices shall be effective upon mailing. These addresses shall remain valid until notice of a change of address is given in accordance herewith. To Town: Town of Eagle, Colorado Board of Trustees 200 Broadway Eagle, CO 81631 Attn: Town Manager With a Copy to: Carter & Sands, P.C. P.O. Box 192 Rifle, CO 81650 Attn: Edward P. Sands, Esq. If to Owner: Eagle County Director of Facilities Management P.O. Box 850 Eagle, Colorado 81631 10.9 Time of the Essence. Time is of the essence of this Agreement. 10.10 Colorado Law Applicable. This Agreement is made and delivered within the State of Colorado, and the laws of the State of Colorado shall govern its interpretation, validity and enforceability. Extraterritorial Water Service and Wastewater Collection Agreement 13 County of Eagle, State of Colorado Final 10.11 Jurisdiction of the Courts. Personal jurisdiction and venue for any civil action commenced by either party to this Agreement whether arising out of or relating to the Agreement, a letter of credit, or performance bond will be deemed to be proper only if such action is commenced in the District Court for Eagle County, Colorado. The Owner expressly waives its right to bring such action in or to remove such action to any other court, whether State or federal. 10.12 Provisions Deemed Severable. If any part, term or provision of this Agreement is held by the courts to be illegal or otherwise enforceable, such illegality or unenforceability will not affect the validity of any other part, term, or provision and the rights of the parties will be construed as if the part, term, or provision was never part of the Agreement. 10.13 Assignment of Rights; Release of Obligations. Except as otherwise provided herein, the benefits of this Agreement to the Owner are personal and may not be assigned without the expressed written approval of the Town. Such approval shall not be unreasonably withheld, but any unapproved assignment is void. Notwithstanding the foregoing, the burdens of this Agreement are personal obligations of the Owner and will be binding on the heirs, successors, and assigns of the Owner, unless otherwise released by the Town. There is no prohibition on the right of the Town to assign its rights under this Agreement. 10.14 No Waiver of Immunity. Nothing contained in this Agreement constitutes a waiver of the Town's or the Owner's sovereign immunity or governmental immunity under any applicable State law. 10.15 Recordation of Agreement. The Town shall record a copy of this Agreement in the office of the Clerk and Recorder of Eagle County, Colorado. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first above written. TOWN OF EAGLE, COLORADO, a municipal corporation, acting by and through its Town Board of Trustees, By: Jon Stavney, Mayor ATTEST: Marilene M. Miller, Town Clerk Extraterritorial Water Service and Wastewater Collection Agreement 14 County of Eagle, State of Colorado Final A Clerk to the B COUNTY OF EAGLE, STATE throu fid` of County Commissioners OF COLORADO, acting by and gh it d of County Commissioners, Arn enconi, Chairman Extraterritorial Water Service and Wastewater Collection Agreement County of Eagle, State of Colorado Final 15 a s I Fill sn0 `d �p A f 4.j 1 f •.�.e�o.f� � ' 1 r MR $� E � G T°^' .'a \��9•'°'�� � �T •�T, 1 O Lid � O ala —I1`Ir /f f O AIR `� m 7d Ln 11 jif zr. b b (� O - �' 9 H $$-$64 Fq v � gg g��9Q � C AySyL AZSA Z r yp 6Fky" i 7 fl G� [ A ZO I M fUTA, CCCC�„I z ninH�Nrn .� §R�i SI � � � `y � ` t �a y� S EAGLE COUNTYUTILITYEXTENSIONS COYER SHEET _ - GRAPHIC srAu: Johnson, Kunkel '��0 cN __. —_ [costae - INTERVAL ti-a.-ice-�� & Associates, Inc. ,�•„vii,r \],q piq, ticni.rc I IMD RURPETING YAPPM p, Y4t-[O-5 . 18 K..x. 1.1 -1 & CML DGIA'Ef'RM.^. 'C. 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SURVEYING • CIVIL ENGINEERING • ARCHITECTURAL ENGINEERING • MAPPING Exhibit A Legal Description 20' Water Easement A 20' Water Easement, being 10 feet on either side of the following described centerline, located in Tracts 45, 46D, 66D and 68, Sections 31 & 32, Township 4 South, Range 84 West and Sections 5 & 6, Township 5 South, Range 84 West of the Sixth P.M., County of Eagle, State of Colorado, with all the bearings contained herein based on a bearing of N87°5737"E as measured between Corner No. 3 and Comer No. 4 of Tract 67, being marked on the ground by 2 1/2 inch USGLO brass caps on iron pipe, being found in place, said Easement being more particularly described as follows: Beginning at a point, from where Angle Point 3 of said Tract 67 bears N83°25'57 E, 3071.05 feet; thence along a buried water line the following forty-seven (47) courses: 1) N53043'41"E, 113.78 feet, 2) 295.36 feet along a curve to the right, having a radius of 7000.00 feet, a tangent of 147.70 feet, a delta of 2°25'03" and a chord of 295.34 feet that bears N5456'1 3"E, 3) N56°08'45"E, 17.26 feet, 4) N56°31'54"E, 105.33 feet, 5) N54 002'37"E, 12.44 feet, 6) 191.32 feet along a curve to the right, having a radius of 1467.47 feet, a tangent of 95.79 feet, a delta of 7°28' 11" and a chord of 191.18 feet that bears N57°46'42"E, 7) N61 °30'48"E, 16.33 feet; 8) 461.51 feet along a curve to the right, having a radius of 1300.00 feet, a tangent of 233.21 feet, a delta of 20020'25 " and a chord of 459.09 feet that bears N71 °41'00"E, 9) N81°51'13"E, 40.38 feet, 10) 164.52 feet along a curve to the right, having a radius of 800.00 feet, a tangent of 82.55 feet, a delta of 11 °46'58" and a chord of 164.23 feet that bears N8704442"E, 11) S86021'49"E, 0.50 feet, 12) 147.75 feet along a curve to the right, having a radius of 1250.00 feet, a tangent of 73.96 feet, a delta of 6°46'20" and a chord of 147.66 feet that bears S82058'39"E, 13) S79°35'29"E, 42.72 feet, 14) 142.55 feet along a curve to the right, having a radius of 3000.00 feet, a tangent of 71.29 feet, a delta of 2°43'21" and a chord of 142.53 feet that bears S78°13'49"E, 15) S76°52'08"E, 13.14 feet, P.O. Box 409.1286 Chambers Ave. • Suite 200 • Eagle, Colorado 81631 • Phone: (970) 328-6368 • Fax (970) 328-1035 www.jkanda.com Johnson, Kunkel & Associates, Inc. 16) 75.22 feet along a curve to the right, having a radius of 460.00 feet, a tangent of 37.69 feet, a delta of 9°22'08" and a chord of 75.13 feet that bears S72'1 1'04'T, 17) S67°30'00"E, 22.44 feet, 18) S45000'00"E, 52.79 feet, 19) 98.27 feet along a curve to the right, having a radius of 460.00 feet, a tangent of 49.32 feet, a delta of 12114'26" and a chord of 98.09 feet that bears S38°52'47"E, 20) S32°45'34"E, 425.79 feet, 21) S77°45'34"E, 21.66 feet, 22) 180.64 feet along a non -tangent curve to the left, having a radius of 460.00 feet, a tangent of 91.50 feet, a delta of 22°30'00" and a chord of 179.48 feet that bears S89°00'34"E, 23) N80°21'27"E, 241.58 feet, 24) N3501 1'50"E, 85.03 feet, 25) N79°29' 14"E, 422.78 feet, 26) 125.62 feet along a curve to the left, having a radius of 460.00 feet, a tangent of 63.20 feet, a delta of 15°38'47" and a chord of 125.23 feet that bears N71°39'51"E, 27) N63050'27"E, 7.09 feet, 28) N52°50'27"E, 21.72 feet, 29) 105.15 feet along a curve to the left, having a radius of 460.00 feet, a tangent of 52.80 feet, a delta of 13°05'48" and a chord of 104.92 feet that bears N46°17'33"E, 30) N39°44'39"E, 1.28 feet, 31) N28044'39"E, 86.63 feet, 32) 149.11 feet along a curve to the right, having a radius of 460.00 feet, a tangent of. 75.22 feet, a delta of 18°34'22" and a chord of 148.46 feet that bears N38°01'50"E, 33) N47°19'01"E, 260.84 feet, 34) 109.45 feet along a curve to the right, having a radius of 460.00 feet, a tangent of 54.98 feet, a delta of 13°37'57" and a chord of 109.19 feet that bears N54°08'00"E, 35) N60°56'58"E, 20.89 feet, 36) N4902658"E, 53.79 feet, 37) 28.51 feet along a curve to the right, having a radius of 460.00 feet, a tangent of 14.26 feet, a delta of 3°33'02" and a chord of 28.50 feet that bears N51 *13'29"E, 38) N53°00'00"E, 112.29 feet, 39) N51°55'43"E, 420.21 feet, 40) N50°11'53"E, 192.16 feet, 41) N47048'30"E, 45.58 feet, 42) N44°04' 13"E, 193.16 feet to a point on the East line of Tract 67, where Comer No. 1 of said Tract 67 bears NO 142'08"E, 258.23 feet, being marked on the ground by a 2-1/2" U.S.G.L.O. brass cap on 1" iron pipe, found in place, witness corner that bears S89059'59"W, 46.00 feet from the true position of Corner No. 1 of said Tract 67. 43) N44°04'13"E, 178.83 feet, 44) N47°06'55"E, 306.24 feet, 45) N50048'04"E, 346.90 feet, 46) N50°18'16"E, 121.64 feet, 47) N54°20'56"E, 517.55 feet, Page 2 of 3 Johnson, Kunkel & Associates, Inc. to the point of terminus, from where said Angle Point 4 of Tract 67 bears S30°25' 58"W, 2295.60 feet. 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Inc. • ARCHITECTURAL ENGINEERING • MAPPING Exhibit B Legal Description ' Water Easement A 20' Water Easement being 10 feet on either side of the following described centerline, located in Tract 68, Section 32, Township 4 Soi ith, Range 84 West of the Sixth P.M., County of Eagle, State of Colorado, with all the bearings contained herein based on a bearing of N87°57'37'E as measured between Corner No. 3 and Comer No. 4 of Tract 67, being marked on the ground by 2 1/2 inch USGLO brass caps on iron Tpe, being found in place, said Easement being more particularly described as follows: Beginning at a point on the centerlin of a proposed 20' water easement (Exhibit A), from where Angle Point 4 of said Tract 67 bears 28022'34"W, 2125.01 feet; thence S37018'239'E, 41.04 feet, to the point of terminus, from where aid Angle Point 4 of Tract 67 bears S29°2313"W, 2108.44 feet. Sides to be lengthened or shone led to terminate at the south side of said proposed 20' water line easement. Colorado P.O. Box 409. 1288 Chambers Ave. • Suite Surveyor Inc. Date • Eagle, Colorado 81631 • Phone: (970) 328-8388 • Fax: (970) 328-1035 www.jkanda.com EASEM Located ii Township County of AWwLie ---•--•--------....— ------ -- Enema Line -----.-----,_- EW" A Easstaett Centmlhs__...._-- Exhb@ A EaaNnant---____-. _._ ._..---_•_ Pnepse,d Easnowd Lina--------_--- Ptopssed Esumant Centaft Treat Uns Tract cater TLe _.._.._.._.._.._..� Tract zl� /,f`30' Sewer Easement i r rr Book 330, Page 977 �� r / r rrr -r/ r Jr r� Eagle County Fairgrounds Parcel Tract 45 GLO 2 1/2" Bross Cop Carver 3. Tract 67 US R84W mak— —�- 1297. HAMS OF ' NOWID, According to Colorado lar you (RUST cmnw ee any Leased aper any defect In this survey rLNin three yams after I = dtscarw such defect. In no went may any eatien bated any defeat In this survey be comnmoed more Nan ten ysare date of Ne cwtificattsn sham heron. ,Johnson, Kunkel & Associates. Inc. LAND OUVz WG VAITWG NT EXHIBIT B Tract 68, ' Section 32, South, Range 84 West �. the Sixth -P.M., Q agle, State of Colorado P.O.B.r,r',.-�, -�'<j 10.00' Exhibit A 20.00' (sheet 1) r � � T. Eagle River Park Bonk 244, Page 762 a? o ! 1 N C'4 I cy l�M rry f f N I j CV �p0 R P ...•M o. ! ! UNE TABLE ' 37934 2:. ! ! UNE ILIENGTHI BEARING L34 141.04 S3718'23•E %'••......•••6J II ii fi U. GLO 2 1/Y Brass Cap Corner 4, Tract 67 — + /T4S R84W the 1 to. - too 8 2 7 I/ one TM 64 I kJohnson, Kunkel & Associates, Inc. SURVEYING • CIVIL ENGINEERING • ARCHITECTURAL ENGINEERING MAPPING Exhibit C Legal Description 20' Water Easement A 20' Water Easement located in Tract 67, Section 32, Township 4 South, Range 84 West of the Sixth P.M., County of Eagle, State of Colorado, with all the bearings contained herein based on a bearing of N8705737"E as measured between Corner No. 3 and Corner No. 4 of Tract 67, being marked on the ground by 21 /2 inch USGLO brass caps on iron pipe, being found in place, said Easement being more particularly described as follows: Beginning at a point on the south side of a proposed 20' water line easement (Exhibit A), from where Angle Point 4 of said Tract 67 bears S09007'03"W, 871.59 feet; thence departing said south side of the proposed 20' water line easement the following eight (8) courses: 1) S4201 1'30"E, 21.75 feet, 2) S03°11'29"W, 10.53 feet, 3) S37014'42W, 68.61 feet, 4) S52°45'18"E, 20.00 feet, 5) N37°14'42"E, 74.73 feet, 6) N0301 1'29"E, 20.62 feet, 7) N47048'30"E, 23.38 feet, 8) N42° 11'30"W, 32.81 feet to a point on said south side of the proposed 20' water line easement; thence along said south side the following two (2) courses: 1) S47°48'30"W, 30.82 feet 2) S50-1 1'53"W, 9.44 feet, to the point of beginning. Colorado P.O. Box 409.1286 Chambers Ave. • Sulte 200 • Eagle, Surveyor Inc. 81831 • Phone: (970) 328-8368 • Fax: (970) 328-1035 EASEMENT EXHIBIT C Located in Tract 87, Section 32, Township 4 . South, Range 84 West of the Sixth P.M., County of Eagle,. State of Colorado LINE TABLE LINE LENGTHI BEARING L35 21.75 1 S4211 -30"E US 10.53 S03'11'29'W L37 68.61 S37'14'42"W L38 20.00 S52'0180E L39 74.73 N37'1442E L40 20.62 N0311'290E L41 23.38 N47' " L42 32.81 N42'11'30"W L43 30.82 S47'48'30"W L43A 1 9.44 S50'11'53"W LWNQ Property lins Edina East tin Evh bR A Eoae=nnt CanUeana ---- - — - ---- - ----- EmhbR A E�t _--- — — Propond Em snt tin------__—_.-- Propond Eanmant CanUr" Saabon Line ----------- TroetUAS Trout Cann 716 ...... /i, i 01 0! 2 1/2" C�rner 1, T4S R84W, !Witness S89°59'59"W 46.00' Brass Cap Tract 67 Marked 46' Corner, Corner 1, Tract 67 T4S R84W, oted Position. Exf,ibit A---"'-'�_�- S �r (Sheet 1)Ilk r P. 0. f r ro 1 to ' Tract 45 iv ai /Eag County Fairgrounds Parcel , \!f/ Lq K� �8";'---r/ 20.00' / N ` to') Exhibit %P �.\ Tract 67 { 30' Sewer Easement Book 330, Page 977;-4- r I �, r ! \ r/ f Tract 45 �,�,�;/ • Eagle County Fairgrounds Parcel GLO 2 1/2" Brass Cap Comer 4, GLO 2 1/2" Braes Cap US R84W Tract 67 \ Corner 3, Tract 67 Access Easement T4S R84W Book 165, Page 333 \- �N67'57'37'E _ 1297.25' nolit Awwdb* to Cotoado lax you MU91' aommvm any Incl action BASIS OF BFAMGS twnd open any asfed in this aurwy .Rhin Own y=on attar yam flat' df 1r! auah aafea4 In eo want may ony action basad upon r an dafiot to this aurwy tris comman=d mon than tan years *an ibis Tract 46D dots of the aartifd;ation • alum bane+. Johnson, Kunkel r 1V SCAB = M o r YOB' s & amwr Associates, Inc. rsa1ive M in Sendees 1 1e. "Na:EA LAND SURVEMIG WI MG __ �t eaea FA1Is ) t 01 1C0 !t oATE - _ r _ _._ _ 7 -------------------------------------------------------------------- Parcel name: C CK North: 121118.3556 East : 119129.753.5 Line Course: N 50-11-53 E Length: 9.44 North: 121124.3984 East : 119137.0058 Line Course: N 47-48-30 2 Length: 30.82 North: 121145.0976 East : 119159.8405 Line Course: S 42-11-30 E Length: 32.81 North: 121120.7886 East : 119181.8761 Line Course: S 47-48-30 W Length: 23.38 North: 121105.0862 East : 119164.5538 Line Course: S 03-11-29 W Length: 20.62 North: 121084.4982 East : 119163.4058 Line Course: S 37-14-42 W Length: 74.73 North: 121025.0090 East : 119118.1774 Line Course: N 52-45-18 W Length: 20.00 North: 121037.1135 East : 119102.2563 Line Course: N 37-14-42 E Length: 68.61 North: 121091.7309 East : 119143.7808 Line Course: N 03-11-29 E Length: 10.53 North: 121102.2445 East : 119144.3670 Line Course: N 42-11-30 W Length: 21.75 North: 121118.3591 East : 119129.7594 Line Course: S 58-55-03 W Length: 0.01 North: 121118.3540 East : 119129.7508 Perimeter: 312.70 Area: 2,971 sq.ft. 0.068 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0031 Course: S 58-55-04 W Error North: -0.00158 East : -0.00262 Precision 1: 100,870.97 one: -� Johnson, Kunkel & A sociates, Inc. SURVEYING • CIVIL ENGINEER G • ARCHITECTURAL ENGINEERING • MAPPING Exhibit D Legal Description ' Water Easement A 20' Water Easement being 10 feet n either side of the following described centerline, located in Tract 67, Section 32, Township 4 outh, Range 84 West of the Sixth P.M., County of Eagle, State of Colorado, with all the bearin s contained herein based on a bearing of N87°57'37"E as measured between Corner No. 3 and mer No. 4 of Tract 67, being marked on the ground by 2 1/2 inch USGLO brass caps on iron p pe, being found in place, said Easement being more particularly described as follows: Beginning at a point on the centerline of a proposed 20' water line easement (Exhibit A), from where Angle Point 4 of said Tract 67 ears S52°14' 10"W, 382.71 feet; thence departing said centerline S40°49'59"E, 63.34 feet, to the point;of terminus, from where said Angle Point 4 of Tract 67 bears S61032'23"W, 391.25 feet. Sides to be lengthened or shortened to terminate at the south side of said proposed 20' water line easement. Colorado Ljc#~. rofessioW. Surveyor P.O. Box 409.1288 Chambers Ave. • Suite 2 0 • Eagle, Colorado 181631 • Phone; (970) 32&8368 • Fax: (970) 328-1035 www.jkwda.00m 1W— kij:& Johnson, Kunkel & SURVEYING • A 20 foot Water Easement being 10 i located in Tract 46D, Section 5, Tow Eagle, State of Colorado, with all the N87°57'37"E as measured between ( the ground by 2112 inch USGLO bra being more particularly described as Beginning at a point on the centerline where Angle Point 4 of said Tract 67 centerline S17°38'36"E, 73.17 feet, b Tract 67 bears N08041'45"E, 208.56 south side of said proposed 20' water Colorado ENGINEERING • MAPPING Exhibit Legal Desc ' Water E t on either side of the following described centerline, hip 4 South, R., nge 84 West of the Sixth P.M., County of :wrings contain A herein based on a bearing of Ener No. 3 and orner No. 4 of Tract 67, being marked on caps on iron pipe, being found in place, said Easement of a proposed 20' water line easement (Exhibit A), from )ears N21 °29' 14"E, 146.63 feet; thence departing said the point often 1 9, from where said Angle Point 4 of bet. Sides to be I engthe:ned or shortened to terminate at the line easement. Surveyor P.O. Box 409.1286 Chambers Ave. • Suite 400 • Eagle, Colorado 81631 • Phone: (970) 328-6368 4 Fax (970) 328-1035 Prq ty Line 156ro Easement Ling EASEMENT EXHIBIT D and E Located i Tract 67, and Tract 46D, S Township South, RE o the Sixth County of agle, Stati ------------ EMU A Easement Gentwline Exhbit A Fragment ------ ----- -- _..-------- Proposed Emement Liu _---------- Prepeggd Ea wiant Ggntomm — - — - — - — slatran tine --- Trout Liu •— _ _ _ _ Tractcorner Tlg _.._.._.._.._.._.._ t-70 R a•W' Tract 660 �+ i ie GLO 2 1/2" Brass Capt Corner 3. Tract 67 } T45 R84W 1 Ir 1 cd CO N,I ry St P.O.B. —�~'' r.�C,�O �► ` ; h'� 20.01 Exhibit A (Sheet 1) 10.00' P.O.T.I a Exhibit E !� Eagle County Tract 460 ,/ Fairgrounds Parcel � t N07M According to Colorado taw y band upon any defeat h oft min" wwmfn three after y mfiy defeot >n discover � defect N no event may any aotm based data of em coruftodeyahown hereanbe � more than years Section 32, ction 5, lge 84 West P.M., of Colorado LINE TABLE NE LENGTH B ING 44 63.34 IS4Q'k 659" 45 73.17 1 S17 '360E 30' Access Easement ,.•' Book 570, Page 593 " Exhibit A (Sheet 1) P.O.B. Ir i t �, r •�L.�, / rr 10.00 `20.00' /30' Ditch Kase ent `� �'` Exhibit D f Book 3185, Page 361 ,..t1 I ' ; ~%'�"�1 ;•, Tract 67 %el N8757'37"E 1297.25' / I BASIS OF HEARINGS GLO 2 1/2" Bross Cap Comer 4. Tract 67 /X i T4S R84W O REQ t 30' Sewer Easement / ' O• MC Book 330, Page 977 t ti7� 379 00 O . Zit' Elect.t iG • �•••• �J • ` ;�` , ' Book 37.1, iaag LANV 20' Utility Easement � Reception No. 9.55500 to action / f am the Johnson, Kunkel.gain MSCALEAW 0 . �" 4 & Associates, Inc. -veR1iveMe in Senlce 1 lo.. er SIMrrtvc�rrm•,. a �. rnm- VWr_MrM.hiol a:ta-tu_ __-- trro gas -,ate >too nt 12-444M 7 11 Johnson, Kunkel & SURVEYING CIVIL ENGINEER NG • ARCHITECTURAL ENGINEERING MAPPING I ! Exhibit F Legal Description 0' Water Ea�ement A 20' Water Easement being 10 feeton either side of the following described centerline, located in Tract 46D, Section 5, Township 4outh, Range 84 !West of the Sixth P.M., County of Eagle, State of Colorado, with all the bearin contained herein based on a bearing ofN87°57'37"E as measured between Corner No. 3 and ormer No. 4 of Tract 67, being marked on the ground by 2 1/2 inch USGLO brass caps on iron 'pe, being found iin place, said Easement being more particularly described as follows: Beginning at a point on the centerline of a proposed 20' water line easement (Exhibit A), from where Angle Point 3 of said Tract 67 bears N63*09'24"E, 672.44 feet; thence departing said centerline the following three (3) co es: 1) S10°41'32"E, 175.99 feet, 2) S55015'34"E, 65.05 feet, 3) N79048'45"E, 31.98 feet, to the point of terminus, from where said Angle Pointl 3 of Tract 67 bears N43°31' 11 "E, 700.55 feet. Sides to be lengthened or shortei led to terminate at the south side of said proposed 20' water line easement. i i I Jo7934 Colorado fessi d Surveyor Jo t� l�nk�}ciet , Inc. P.O. Box 409.1286 Chambers Ave. • Suite $00 • Eagle, Col*dol 81831 • Phone: (970) 328-6368 • Fax: (970) 328-1035 j. one:TM ::gn Johnson, Kunkel & Associates, Inca SURVEYING CIVIL ENGINEERI G • ARCHITECTURAL ENGINEERING MAPPING Exhibit Gi Legal Description 2 ' Water Easement A 20' Water Easement being 10 feet n either side of the following described centerline, located in Tract 46D, Section 5, Township 4 South, Range 84 West of the Sixth P.M., County of Eagle, State of Colorado, with all the bearings con ained herein based on a bearing of N87°57'37"E as measured between Corner No. 3 and omen No. 4 of Tract 67, being marked on the ground by 2 1/2 inch USGLO brass caps on iron p pe, being found in place, said Easement being more particularly described as follows: Beginning at a point on the centerline of a proposed 20' water line easement (Exhibit F), from where Angle Point 3 of said Tract 67 N44°27'58"E, 716.76 feet; thence departing said centerline S10°44'22"E, 61.38 feet to the point of terminus, from where said Angle Point 3 of Tract 67 bears N4003 7'49T, 753.48 - 'eet. Sides to be lengthened or shortened to terminate at the south side of said proposed 20' waxer line easement. Surveyor Inc. P.O. Box 409.1286 Chambers Ave. • Suite 00 • Eagle, Colorado 81!631 • Phone: (970) 32"368 • Fax: (970) 328-1035 www.jkandacomi I� II i one: : • TM � /'► Johnson, Kunkel & Associates, Inca SURVEYING CIVIL ENGINEERING ARCHITECTURAL ENGINEERING MAPPING i. Exhibit Hi' IE Legal Descriphq 2b' Sewet Easement A 20' Sewer Easement being 10 feet 6n either side of thd following described centerline, located in Tract 46D, Section 5, Township 4 SRange 84 Westl'of the Sixth P.M., County of Eagle, State of Colorado, with all the bearings contained herein=7, a bearing of N87°57'3T'E as measured between Corner No. 3 and omer No. 4, being marked on the ground by 2 1/2 inch USGLO brass caps on iron p pe, being found in place, said Easement being more particularly described as follows: Beginning at a point on the centerline of an existing 30' . I.ewer line easement recorded at Book 330, Page 977, from where Angle Po' t 3 of said Tract 6� bears NI 2044'57"E, 782.59 feet; thence departing said centerline the followin g three (3) courses:; i 1)N24°09'2T'W, 89.31 feet, 2) N39°10'35"E, 99.10 feet, 3) NI 5007'52"W, 124.18 feet, i I to the point of terminus, from where aid Angle. Point 3 of Tract 67 bears N20°15'40'E, 517.10 feet. Sides to be lengthened or shorta ied to terminate at the north side of said proposed 30' sewer line easement. Colorado iOd Surveyor mli kunkel & Assaii n . Inc. P.O. Box 409 , 1288 Chambers Ave. , Sulte • Eagle, Colorado81 www jkandaxo.m • Phone: (870) 328-8388 - Fax (870) 328-1035 EASEMENT EXHIBIT F, G, and Located in Tract 46D Section 'S, Township 4 South, Ra ige 84 West' of the Sixth P.M., County of Eagle, State of Colorado Tract 46D 30' Access Easement._ - Book 570, Page 593 P.O.B. _ Eagle County Fairgrounds Parcel 20-00' 10-00 �1 1Q•0Q� -tract 46D /* / Exhibit F pK`t'! 100.C l / / %%K t t P.O.B. 61 41 \ rr! n 20.00' 10.00' -� / 20.00' i ti Exhibit G l P.O.T. "G" ti �.. 1, r ��- 20' Utility Easement. Reception No. 9,55500 Section 32 ii f j t ;r .30' Access E:ase:nent - r Book 5?D', Pluge 593 GLO 2 1/2" Brass Cap I ract 66D Comer 4, Tract 7 T4S R84W GLO 2 1/2' Brass Cap !r j Corner 3, Tract 67 it US R84W -7 Section 5 ! g N87"37'37'E ,J 1297.25`/ BASIS OFBEARINGS Exhibit. E X. Exhibit A (Sheet 1} .VN! ; f / 1ro��i'' / `w?, � �• !� o� lig i i (b �NCOiilj i o! r� i iv / 1N P.O.T.• LINE ABLE UNE LEN �i ' BEARING L45 175.9 action S1 '41' " L46 65.5 theP.O.B. /f :' /� i/ 1 S55'1 4" L47 31. 8 N '48' . " L4$ 61. B 1 '44' " L49 89. 1 N24 7"W L50 99. 0 N '1 ' "E L51 124. 8 N15'07' "W No11CSt According to Colaaf lour you MUST surnmwm any booed upon any defeat in this survey within three years after fust di meow" such defeat. in no event may any action based Md~ dsfiot in this survey be commenced mac than ten years dab of to Ow"Muon shown hereon. Johnson, Kunkel & Associates, Inc. Um svRvs=G ri APMG I 30' Sewer Easement ii ' Book 330, Page 977'��✓' i E J fl i r . •. 379/3' i" o •!►•w ww9• � S 1� I ii ff I I I 1 DINU ti Easnrnnt Lis - - ... _. _ - - _ _ - - - / I / Eddan A Ex c.nterwre Exhibit Fi---.� r EW+6it A Eoserrw+t ------------ _.. -- ------ fhopoeeA Eassment Ling �i ' prapo.ad EaMnnnt CantwMa--_------- 10' 00. ,� ------ ----- action f r' Treat UM Tie theP.O.B. /f :' /� i/ 1 Treat cane �.._.._.._.._.._..— B>:•��arcer:2nfive ggz jW N 7 DfeSCrvices i 1 in, W .Co sr eco sae -,ass 100 !t. oa rtr ?Z411—WN O TM l n l ►� Johnson, Kunkel & As ociates, Inc. SURVEYING • CIVIL ENGINEERING • ARCHITECTURAL ENGINEERING • MAPPING Coloradht�Lt��►s ' land Surveyor Jo e , Inc. P.O. Box 409.1286 Chambers Ave. , Sults 400 • Eagle, Colorado 81;31 • Phone: (970) 328-6368 • Fax: (970) 328-1035 I I Exhibit I i Legal Descripti I,n 2 ' Water Ease ent (,:following A 20' Water Easement being 10 feet n either side of th described centerline, located in Tract 46D, Section 5, Township 4 So W4 Range 84 Wesiof the Sixth P.M., County of Eagle, State of Colorado, with all the bearings cor tained herein based on a bearing of N87°57'37"E as measured between Comer No. 3 and omen No. 4 of Tract 67, being marked on the ground by 2 1/2 inch USGLO brass caps on iron p ipe, being found in iplace, said Easement being more particularly described as follows: i Beginning at a point on the centerline of a proposed water line easement (Exhibit A), from where' Angle Point 3 of said Tract 67 bears I T81'05'27'T,, 114131 feet; thence departing said centerline the following two (2) courses: 1) N57°28'46"E, 53.71 feet, 2) N36013'52"W, 27.70 feet, to the point of terminus, from where s aid Angle Point 3 of Tract 67 bears N83°28'53"E, 1105.77 feet. Sides to be lengthened or shortei ied to terminate at the east side of said proposed 20' water line easement. i` Coloradht�Lt��►s ' land Surveyor Jo e , Inc. P.O. Box 409.1286 Chambers Ave. , Sults 400 • Eagle, Colorado 81;31 • Phone: (970) 328-6368 • Fax: (970) 328-1035 C;. 1/0- EASEMENT EX] Located in Tract 46%1 Township 4 South, Ran of the Sixth l County of 4 agle, State LBIER D: Exhibit A Prapwty Lite (Sheet. 1) EXMN Eoam nt Lin 32 Evhbit A rawnnt Getivilm --- -------- EW*R A Easement - - ----- Proposed Eawmwit Lhw ----- ProPassd EG=Mw t cw,terlbw ------ Scotian Lin ----- ------ Troat Line Trod Cmnm 11s _.._ .. _ ..._.. 1-70 R.O.W. cc Eagle Count 37Tt934 z : o :0; Fairgrounds Pc o� V-547 : J.'". Q. NOTICE: According to Colorado law you MUST commence my based upmn any defeat to this arvey within three yam ager ilret discover such defect in no event may any action basad on defeat in this surrey be aarn"word mon than to years dote of the =rUfketlon shown ha son. Johnson, Kunkel & Associates, Inc. LAND SURVZMG YAPMG MUCTUML &CML WGi UMM GLOi j Qi i IBIT I ection 5, 84 West Colorado GLO 2 1/2" Brass Cap Corner 4, Tract 67 TO R84W 1/2' Brasa Cop 3. Tract 67 NaLrkr37'E N 1287 I. li BASES OF HEARMS r Exna action the 20' Electric Easement n^ Book 634, Page 450 r30' Access Easement 900k 570, Page 5�9y3✓ �. Exhibit 1 Detail IN �- 20.00' y-- 10.00' it 1000' 20:00 / LINE TABLE LINE LENGTH BEARING L52 53.71 N5718'46" L53 27.70 N3613'52"W 1bZ- 100 R Pj 7 Exhibit A (Sheet. 1) Section 32 . \ --- -------- -------- ��----- Section 5 ` Tract 46D 20' Electric Easement p.0.B." Book 634, Page 450 r cc Eagle Count 37Tt934 z : o :0; Fairgrounds Pc o� V-547 : J.'". Q. NOTICE: According to Colorado law you MUST commence my based upmn any defeat to this arvey within three yam ager ilret discover such defect in no event may any action basad on defeat in this surrey be aarn"word mon than to years dote of the =rUfketlon shown ha son. Johnson, Kunkel & Associates, Inc. LAND SURVZMG YAPMG MUCTUML &CML WGi UMM GLOi j Qi i IBIT I ection 5, 84 West Colorado GLO 2 1/2" Brass Cap Corner 4, Tract 67 TO R84W 1/2' Brasa Cop 3. Tract 67 NaLrkr37'E N 1287 I. li BASES OF HEARMS r Exna action the 20' Electric Easement n^ Book 634, Page 450 r30' Access Easement 900k 570, Page 5�9y3✓ �. Exhibit 1 Detail IN �- 20.00' y-- 10.00' it 1000' 20:00 / LINE TABLE LINE LENGTH BEARING L52 53.71 N5718'46" L53 27.70 N3613'52"W 1bZ- 100 R Pj 7 one Mg.n Johnson, Kunkel & Associates, Inc. SURVEYING • CIVIL ENGINEERING - ARCHITECTURAL ENGINEERING • NAPPING Exhibit J Legal Description 20' Nater Easement A 20 foot Water Easement being 10 feet on either side of the following described centerline, located in Tract 46D, Section 5, Township 4 South, Range 84 West of the Sixth P.M., County of Eagle, State of Colorado, with all the bearings contained herein based on a bearing of N87°57'37"E as measured between Comer No. 3 and Corner No. 4 of Tract 67, being marked on the ground by 21/2 inch USGLO brass caps on iron pipe, being found in place, said Easement being more particularly described as follows: Beginning at a point on the centerline of a proposed 20' water line easement (Exhibit A), from where Angle Point 3 of said Tract 67 bears N89°08'03"E, 2605.60 feet; thence departing said centerline S33°51' 15"E, 46.47 feet to the point of terminus, from where said Angle Point 3 of Tract 67 bears N88°16'07"E, 2580.59 feet. Sides to be lengthened or shortened to terminate at the south side of said proposed 20' water line easement. Jo 7934 Colorado L� d Surveyor Jo el& As at Inc. 37934 o ,F',7_0-) 0 -� P.O. Box 409. 1286 Chambers Ave. • Suite 200 • Eagle, Colorado 81631 • Phone. (970) 328-6368 • Fax (970) 328-1035 ww%.jkanda.eom EASEMENT EXHIBIT J Located in Tract 46D, Se tion 5, Township 4 South, Range 84 sliest of the Sixth P.M. County of Eagle, State of Colorado 1-70 R.O.W. Exhibit J Detail Exhibit A 20.00 (Shut. I; %\ \ L I , �''" r• ✓' l GLO 2 1/2' Bross Cap nn /\ r� r Corner R84W Tract 67 1 0.00, J / r rT4S .� ' r' �' �GLO 2 1 Ir Bross Cap T45 Corner 3. Tract 67 T4S R84W 1297.25 487"57F'370E f� 2605• �..` BASIS OF BEARJNGB ;r E = , •fag OB — 'l`e� Section 31 Section 5 P.O.T. Exhibit J ' �. Tract 46D i r ' A. Eagle County Fairgrounds Parcel LINE TABLE UNE ILENGTHI BEARING L54 46.47 1 533 1.15"E LEGEAiD: ply Line LAW" Easement uaf E*%R A Eaesnent Cantrrthe -- - — - — - Ew hbR A Eapnw+t Proposed EeNment Lha ------------ Proposed Easernent Csntwrm — - — - — - SWUM Lka---•--------- Treat Lhs -- —. — — — — Trock Cam n. _.._.._.._.._.._..— NOTit.E: Aaoor" to cabrado iaw you must owmanas arty legal aotlen bmW upon any defeat to thb survey within Owes years after you flat dlsoom such defeat. In no event may any aatlon based upon :debet In this surm be aornfralo d men than ten YOM from the dale of the eorttfloatlon show hermom Johnson, Kunkel & Associates, Inc. LANA S MVEY1NG YAPPING t l 20' Electric Easement (� Book 634, Page 450 I I I I i 1 i I I 7 7 Figure Name: FIGURE J North: 1191.8456 Course: N 89-08-03 E North:*1231.2237 course: 5 88-16-07 w North: 1153.2542 Course: N 33-51-15 w North: 1191.8456 i EXJCLiR.tXt East: 18778.2596 Distance: 2605.5970 East: 21383.5590 Distance: 2580.5900 East: 18804.1472 Distance: 46.4700 East: 18778.896 Perimeter: 5232.6570 Area: 50780.7668 1.1658 acres Mathematical closure - (uses survey units) Error of closure: 0.00000 course: 5 90-00-00 E Precision. 1: 5232656980.31 Page 1 EXHIBIT K NO. DATE I SON EAGLE COUNTY ENGINEERING DEPARTMENT 9 TOWN OR EAGLE WATER LINE wAY P.O. sEA (SEE 8-1/2 X 11 LEGAL DESCRIPTION) EXHIBIT K E CO$1631 EAGLE, Co e�831 _ g;y 870 3283880 FAX 970 328-8789 ®rea ma,� oamr nr a®� me -COUNT? Engineering Department Phone: (970) 328-3560 FAX: (970) 328-8789 www.eaglecounty.us November 5, 2007 EXHIBIT "K" Eagle County P.O. Box 850 500 Broadway Eagle, CO 81631 A 20 foot wide water and wastewater easement along with a 50 foot wide temporary construction easement, in the Town of Eagle, County of Eagle, State of Colorado. For: Town of Eagle LEGAL DESCRIPTION A strip of land, 20 foot wide water and wastewater easement along with a 50.00 feet wide temporary construction easement, located in a part of Tracts 46D, 47 and 51 in Section 5 and 6, Township 5 South, Range 84 West of the 6a' P.M., in the Town of Eagle, County of Eagle, State of Colorado, according to the Independent Resurvey of said Township 5 South, Range 84 West, as approved by the U.S. Surveyor General in Denver, Colorado on June 20, 1922, the centerline to be described as follows: COMMENCING at Corner 3, of Tract 67, from which Corner 4, of Tract 67 bears N87°57'37"E, 1297.25 feet (Basis of Bearing); thence S05°43'18"W, 119.98 feet to the centerline of that water line easement described as "Exhibit A" in Reception No. of the records of Eagle County, Colorado, to a point on a line that is 20.00 feet Southwesterly of, as measured at right angles from and parallel with, the centerline of that 20.00 foot wide electric easement, recorded July 21, 1978, in Book 321, Page 440 of the records of Eagle County, Colorado and the TRUE POINT OF BEGINNING of the centerline to be herein described; Thence S59°12'07"E, 130.02 feet along said line that is 20.00 feet Southwesterly of, as measured at right angles from and parallel with, the centerline of that 20.00 foot wide electric easement, described in said Book 321, Page 440 to an angle point; Thence S 18°07'59"E, 107.61 feet to an angle point which is 25.00 feet Northwesterly of, as measured at right angles from and parallel with, the centerline of that 30 foot wide sewer easement, recorded in Book 330, Page 977 of the records of Eagle County, Colorado; The following courses and distances are along the described centerline that is 25.00 feet Northwesterly of, as measured at right angles from and parallel with, the centerline of that 30 foot wide sewer easement, recorded in said Book 330, Page 977; Thence S26°52'01 "W, 341.79 feet to an angle point; Thence S47°58'13"W, 793.22 feet to an angle point; 2 Thence S48'49'51 "W, 391.05 feet to an angle point; Thence S73'39'24"W, 389.09 feet to an angle point; Thence S89*09'32"W, 398.10 feet to an angle point; Thence S72'24'0 1 "W, 171.26 feet to an angle point; Thence leaving said line that is 25.00 feet Northwesterly of, as measured at right angles from and parallel with, the centerline of that 30 foot wide sewer easement, recorded in Book 330, Page 977, SOO'00'00"E, 350.00 feet to the POWT OF TERMINATION. The sidelines of said easement shall be prolonged or shortened to begin on the centerline of that waterline easement as described in Reception No. and perpendicular to the centerline at the point of termination. (SEE EXHIBIT MAP K) NOTICE: According to Colorado law you must commence any legal action based upon any defect in this survey within three years after you first discovered such defect. In no event, may any action based upon any defect in this survey be commenced more than ten years from the date of the certification shown hereon. REG/ Kelly L MiarY.* Y -. '-i:� '!-;� Colorado F!rQfeftiV4 -3179 W Surveyor ft 500 Broad*a— 'r ;agle, CO 8.163 085, V 0 *1111"Zir Date: I Project: TWNEAGLEWL )k7EASMT.DOC