HomeMy WebLinkAboutC08-181SEWER EASEMENT
THIS EASEMENT is made this ~~ day of ~UIV'~-~ , 2008, by and
between Eagle County (hereinafter referred to as "Grantor"), it's successors and assigns, and the
Eagle River Water & Sanitation District, aquasi-municipal corporation of the State of
Colorad6 within the County of Eagle, (hereinafter referred to as "District").
WITNESSETH, that for and in consideration of the sum of One Dollar ($1.00) and other
good and valuable consideration paid by the District to Grantor, the receipt of which is hereby
acknowledged, the Grantor does hereby grant, convey and transfer unto the District, its
successors and assigns, a perpetual easement and right to construct, install, remove, replace, add
to, maintain, repair, operate, change or alter underground sewer lines and all underground and
surface appurtenances related thereto such as lift stations and manholes (hereinafter "sewer
lines"), together with any and all sewer lines situate therein, all necessary rights-of--way for
convenient ingress and egress thereto and therefrom, and the right to occupy and use, from time
to time, as much of the adjoining land of the Grantor as maybe reasonably necessary for any of
the aforesaid purposes, over, under and across the following described premises, situate in the
County of Eagle, State of Colorado, to-wit:
See EXHIBIT A attached hereto and incorporated herein by reference.
Grantor warrants that the Grantor has the lawful right to grant and convey such easement,
rights-of--way, and sewer lines. Further, Grantor warrants that the sewer lines are free and clear
of all liens and encumbrances.
Grantor will at no time permit, place or construct any structure, building or improvement
of any kind, temporary or permanent, on any part of the above-described premises. Any
structure, building or improvement located on the above-described premises as of the date of this
Easement, may be removed by the District without liability for damages arising therefrom.
Following the completion of the purpose of any entry by the District upon such easement
for any of the aforesaid objects, the District shall restore the premises to substantially the same
condition existing at the time of the entry thereon, except for shrubs, plants, sidewalks,
driveways or parking areas thereon located or damaged thereby.
All provisions of the Easement, including all benefits and burdens, shall run with the land
and shall be binding upon and inure to the benefit of the successors and assigns of the parties
hereto, subject to the provisions hereof.
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IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year first above written.
GRANTOGZ:
~~
Peter Runyon, Ea ounty Chairman
STATE OF COLORADO )
ss.
COUNTY OF EAGLE )
The foregoing Easement was subscribed and sworn to before me this day of
2008, by
WITNESS my hand and official seal.
(SEAL)
Notary Public
My commission expires:
ACCEPTED by the Eagle River Water & Sanitation District this day of
~~~~„~ , 2008.
Eagle River Water & Sanitation District
Dennis Gelvin, General Manager
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EXHIBIT /.~
LEGAL DESCRIPTION
A PARCEL OF LAND LOCATED WITHIN TRACT C, BERRY CREEK /MILLER RANCH P.U.D.,
RECORDED UNDER RECEPTION NO. 799649, IN THE OFFICE OF THE CLERK AND RECORDER,
COUNTY OF EAGLE, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED
FOLLOWS:
COMMENCING AT THE WESTERLY CORNER OF SAID TRACT C WHENCE THE NORTHERLY
CORNER OF SAID TRACT C BEARS N 51 ° 06' 06" E A DISTANCE OF 602.96 FEET FORMING
THE BASIS OF BEARING FOR THIS DESCRIPTION;
THENCE ALONG THE NORTHWESTERLY LINE OF SAID TRACT C N 51°06'06" E A DISTANCE
OF 37.90 FEET TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING ALONG SAID NORTHWESTERLY LINE OF TRACT C N 51°06'06" E A
DISTANCE OF 25.64 FEET; THENCE DEPARTING SAID NORTHWESTERLY LINE OF TRACT C
THE FOLLOWING THIRTEEN (13) COURSES:
1) S 26°01'37" E A DISTANCE OF 89.60 FEET;
2) S 44°40'44" E A DISTANCE OF 316.86 FEET;
3) N 34°14'19" E A DISTANCE OF 2.26 FEET;
4) S 55°45'41" E A DISTANCE OF 174.18 FEET;
5) S 65°58'47" E A DISTANCE OF 89.11 FEET;
6) S 64°16'36" E A DISTANCE OF 396.99 FEET;
7) S 25°43'24" W A DISTANCE OF 30.00 FEET;
8) N 64°16'36" W A DISTANCE OF 396.54 FEET;
9) N 65°58'47" W A DISTANCE OF 91.35 FEET;
10) N 55°45'41" W A DISTANCE OF 176.86 FEET;
11) N 34°14'19" E A DISTANCE OF 2.26 FEET;
12) N 44°40'44" W A DISTANCE OF 325.86 FEET;
l3) N 26°01'37" W A DISTANCE OF 87.99 FEET TO THE TRUE POINT OF BEGINNING.
SAID PARCEL CONTAINING 0.692 ACRES MORE OR LESS.
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BRENT BIGGS PLS#27598 `~s~~I~AL
FOR AND ON THE BEHALF OF
PEAK LAND CONSULTANTS, INC.
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P:\1200-1299\1212\Docs\Exhibit-Legals\Legal-Tract C Sanitary.doc
\ CURVE TABLE
CURVE DELTA RADIUS LENGTH TANGENT CHORD CHORD BEARING
Ci 26'50'20" 1848.86' 866.06' 44112' 85816' 549'56'30"E
TRACT A \ C2 41'36'05" 830 00' 602.65' 315 30' 589 50' S58'56'34"E
C3 143'10'59" 95 00' 237.41' 285 44' 180 28' 579'44'37"E
\ F~ C \
25.64' ~
~~P~`~ MI ~ E~ R R..% --~
\, ANCH
37.90 ~ T.P.O.B. L3 R~q p {6p' R. ~~ ~
.,
t ~~ ~ c3 579~44~3~"E _
P.o.c. 940 59'
.,
~~ ~s
~ ~'A
~. E6 TRACT C
\ E13 (RECEPTION No. 799649)
\ \ \ , ~2 F8
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.~ ~ F~1\`
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LINE TA BLE
LINE LENGTH BEARING
L1 121.78 N89'07'OS"W
L2 602 96 N51°06'06"E
L3 179.62 579'44'37"E
E4 89.60 S26'01'37"E
E5 316 86 S44'40'44"E
E6 2.26 N34°14'19"E
E7 17418 S55°45'41"E
E8 8911 565'58'47"E
E9 396.99 564'16'36"E
E10 30.00 S25°43'24"W
E11 396.54 N64'16'36"W
E12 176 86 N55°45'41 "W
E13 2.26 N34°14'19"E
E14 325.86 N44'40'44"W
E15 87.99 N26'01'37"W
~N/0 ~6s 3 .
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EXHIBIT ~ o
TRACT C, BERRY CREEK/MILLER RANCH
PEPN IAND CONSULT~NT$ INC
COUNTY OF EAGLE, STATE OF COLORADO Pjo-~jy~~O SUR~~~G~N~
