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Home My WebLink AboutC08-262TEMPORARY ENCROACHMENT AGREEMENT ~a THIS AGREEMENT (hereinafter "Agreement") is made and entered into this ~ day of ,mil ~ 2008 by and between Eagle County, Colorado, a body corporate and politic, by and tt ro~Board of County Commissioners (hereinafter "County») and Saddle Ridge Metropolitan District, aquasi-municipal corporation and political subdivision of the State of Colorado (hereinafter "Metro District"). Collectively, County and Metro District shall be referred to as "Parties." WITNESSETH: WHEREAS, County is the fee simple owner of certain real property adjacent to the Eagle County Regional Airport, on Cooley Mesa Road, as more fully depicted on the attached Exhibits "A-3" and "A-4" (hereinafter "Property")• WHEREAS, Metro District is desirous and County is supportive of constructing a roundabout in a location on the Property as shown on the attached Exhibit "A-3" and described on attached Exhibit "A-4" (hereinafter "Saddle Ridge Roundabout"). NOW, THEREFORE, in consideration of the terms and covenants stated herein, the sufficiency of which is hereby acknowledged, the County and Metro District agree as follows: TEMPORARY ENCROACHMENT GRANT: For the consideration set forth herein, the sufficiency of which is hereby acknowledged, County hereby grants and conveys to Metro District a temporary encroachment for the purposes of constructing, operating, and maintaining the Saddle Ridge Roundabout on Cooley Mesa Road within the Property at a location shown on Exhibit "A-3" hereto and incorporated herein by this reference (hereinafter "Temporary Encroachment"). The Temporary Encroachment granted in this Agreement shall be possessed and enjoyed by Metro District so long as the Temporary Encroachment shall be used by Metro District in accordance with the terms and conditions of this Agreement. In the event that Metro District ceases to use the Temporary Encroachment in accordance with the terms and conditions of this Agreement or otherwise fails to comply with any and all of the terms and conditions of this Agreement this Agreement and Temporary Encroachment may be terminated upon notice by County. This Temporary Encroachment shall automatically terminate upon the conveyance by County of a fee simple interest to either the Metro District or the Town of Gypsum of the Saddle Ridge Roundabout. This Temporary Encroachment will also automatically terminate if County does not obtain FAA approval for fee simple transfer of that Property shown on Exhibits "A-1" and "A-2 " Additionally and notwithstanding the foregoing paragraph, County reserves the right to terminate this Agreement and the Temporary Encroachment and to require Metro District to remove and/or relocate the Saddle Ridge Roundabout upon notice by County. County shall only execute such termination provision upon a showing of a reasonably necessary aviation related need and shall make reasonable efforts to provide the Metro District with an alternative location for the Saddle Ridge Roundabout. Upon termination or relocation, Metro District agrees to restore the easement to its original condition or as close thereto as possible. Metro District agrees to re- grade and re-vegetate the disturbed area within the Temporary Encroachment. The Temporary Encroachment granted by this Agreement is non-exclusive and County reserves the right to use for itself and to grant for others rights-of--way over, under, across or through the Temporary Encroachment herein granted, provided that they do not interfere with Metro District's Temporary Encroachment herein. County reserves the right to use and enjoy the premises to the fullest possible extent without unreasonable interference with the exercise by Metro District of the rights granted in this agreement. Without limiting the foregoing, County reserves the right to place along, across, under, over and through the Encroachment Easement as many electric lines, power lines, waterlines, sewer lines, gas lines, telephone lines and other utilities as County may desire subject only to the right of Metro District to use the same for the purposes herein granted. The encroachment of the Saddle Ridge Roundabout into the County's Property shall not constitute any relinquishment of the County's property rights whether through claims of adverse possession or any other means. CONSTRUCTION AND MAINTENANCE OF ENCROACHMENT EASEMENT: Construction, including replacement or significant alterations, and maintenance of the Saddle Ridge Roundabout shall be the sole responsibility and expense of the Metro District. All construction, including replacement or significant alterations, shall be performed pursuant to plans and specifications prepared by a Colorado registered professional engineer, and no construction shall be commenced until such plans and specifications have been approved in writing by the County, such approval not to be unreasonably withheld or delayed. Metro District agrees to be responsible for all ongoing repair and maintenance costs associated with the current and any future use of the Temporary Encroachment. Whenever possible the Metro District shall notify and coordinate with the County prior to performing any significant maintenance and repairs to avoid disruption within the County's Property. INDEMNIFICATION: This Agreement shall be recorded with the Eagle County Clerk and Recorder's Office and shall be specifically enforceable by the parties against one another. The County and Metro District agree that this Agreement may be enforced for specific performance, injunctive, or other appropriate relief, including damages, as may be available according to the laws and statutes of the State of Colorado. It is specifically understood that by executing this Agreement both the County and the Metro District commit themselves to perform pursuant to these terms contained herein. In the event that an action is brought to enforce this Agreement, the prevailing party shall be responsible for the recovery if its costs and fees, including reasonable attorney's fees. Metro District's obligation for restoration, repair, and indemnification shall survive termination of this Agreement and the Temporary Encroachment. MISCELLANEOUS: This Agreement shall be governed and construed in accordance with the laws of Colorado. Venue for any action arising out of any dispute pertaining to this Agreement shall be in Eagle, Colorado. This Agreement and the rights and obligations created hereby shall be binding upon and inure to the benefit of the County and Metro District. Nothing herein expressed or implied is intended or should be construed to confer or give to any person or entity other than the County or Metro District any right, remedy or claim under or by reason hereof of by reason of any covenant or condition herein contained. If any portion of this Agreement is held invalid or unenforceable for any reason by a court of competent jurisdiction, such portion shall be deemed severable and its invalidity or its unenforceability shall not affect the remaining provisions; such remaining provision shall be fully severable and this Agreement shall be construed and enforced as if such invalid provision had never been inserted into this Agreement. This Agreement may be amended modified, changed, or terminated in whole or in part only by written agreement duly authorized and executed by both the County and Metro District. This Agreement represents the full and complete understanding of the County and Metro District and supersedes any prior agreements, discussions, negotiations, representations or understandings of the County and Metro District with respect to the subject matter contained herein. The parties hereto agree that neither has made or authorized any agreement with respect to the subject matter of this instrument other than expressly set forth herein, and no oral representation promise, or consideration different from the terms herein contained shall be binding on either party, or its agents or employees hereto. All of the covenants herein contained shall be binding upon and inure to the benefits of the parties hereto and this Agreement may not be assigned without the written permission of the non-assigning party. This Temporary Encroachment is granted subject to prior grants of easements and other ownership interests of record. The County makes no warranties as to the title of the encroachment conveyed. IN WITNESS WHEREOF, COU,~TTY AND ETRO DISTRICT have executed this Temporary Encroachment Agreement this (,~ day of ~ , 2008. ATTEST: Clerk to the Bird of County '` Commissioners ATTEST: COUNTY OF EAGLE, STATE OF COLORADO, by and through its BOARD OF COUNTY COMMISSIONERS BY• Peter F. Runyon, Chai a SADDLE RIDGE METROPOLITAN DISTRICT ~i^ UG2 1-- 2u.9 (Si ~~5. BY: ~/~ ~~~'~ ~~~~~ 1¢, r~ GGV i ~. { 1 SCALE: 1" = 40' EAGLE COUNTY (FAA FUNDED) FOUND AP N0.3 OF TRACT 53 A 2-1 /2" GLO BRASS ('AP ll~l 1" IR(1N PIPE P.O.B. PARCEL D-. /I S89°08'13"E V 505.62' (TIE) ACQUISITION J / / ~~ r SOUTHERLY TRACT ,~ EAGLE COUNTY (FAA FUNDED) / O / ~O Q4 ~ ~ ~ v~4 `~.j. ~ QQ,Cy GoooF'~~ 3 '~ ~~ ~ i i LINE OF TRACT 53 S89'08'13"E ~t :~L2 g S89°08'13"E 714.28' ~~ S89°08'13"E,73.31' ', ~ `' :~ `~1~ (TIE) ~~ ~ ~\ ~ , ~ ~, ~ , PARCEL Q c4 ~; ~ / ~, \', ~, ~ ~, ~h~ , '~, EAGLE GOUNTY ~~ ~~~\ ACQUISITION~,\\\\~~~~ SADDLE ~, ~, PARCEL C \~.`~ RIDGE / ~ ~ ~, ~~ , c~ ~ ~, ~ ~, o ', ~0 ''~~FS t` ,yD~~'.\ \ ~~~ ~., ', ~~, ~, ', c,~~ FOUND 3" ALUMINIUM CAP BEING THE NORTHWEST ~`~~ ,q~t~`9'QO /g~.~~o ~~ ~~ `,\ ~~ ~~\ `~ ~~, ~~ ~~ CORNER OF THE SADDLE h~/1`~ ~'F 9 D~ '~~~ ', ~ \ ~ `~ ~~ RIDGE PROPERTY. r~~ 0~' 80 ~r ~ ~ ~~~`, ~~ ~~ ~~•~ ~~~ ~, ~` ~~ ~ P.O.B. PARCEL C ACQUISITION LINE IS 20' PARALLEL TO THE EXISTING R.O.W. , ~~1'1 / ,,~ i ~ ~~ ~`~ h0 5 \ ~ ~ / ~' ~ '~ ~ C6 ,50 ~ ~~ ~~~~~` ~~~ LINE TABLE LINE LENGTH BEARING L2 18.06' S89°08'13"E L3 12.14' N79°49'20"W CURVE TABLE CURVE RADIUS LENGTH CHORD BEARING CHORD DELTA C4 89.50' 37.12' N 28'20'14" E 36.86' 23°45'55" C5 107.00' 5 01' N 84°08'12" W 5.01' 2°40'49" C6 81.50' 55.20' S 77°48'02" W 54.15' 38'48'21" EXHIBIT A-3 BOUNDARIES UNLIMITED, INC. 2001 Properties, Saddle Ridge Development 823 BLAKE AVENUE, STE. 102 COOLEY MESA ROAD GLENWOOD SPRINGS, CO 81601 DATE: 7/23/08 LAND ACQUISITION FOR PUBLIC RIGHT-OF-WAY 970 945 5252 2005~WW~EXMA-CMR EAGLE COUNTY LANDS LAND ACQUISITION PARCEL C A PARCEL OF LAND FOR THE BENEFIT OF THE TOWN OF GYPSUM FOR A PUBLIC RIGHT OF WAY LOCATED IN THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 5 SOUTH, RANGE 85 WEST OF THE 6TH P.M. COMMENCING AT AP N0.3 OF TRACT 53 A FOUND 2-1/2" GLO BRASS CAP ON A 1" IRON PIPE, THENCE S 89'08'13" E ALONG THE SOUTHERLY TRACT LINE OF TRACT 53 A DISTANCE OF 714.28 FEET TO A FOUND 3" ALUMINUM CAP BEING THE NORTH WEST CORNER OF THE SADDLE RIDGE PROPERTY, ALSO BEING THE POINT OF BEGINNING: THENCE S 47°51'36" W ALONG THE SADDLE RIDGE / 2001 PROPERTIES LLC PROPERTY LINE A DISTANCE OF 156.94 FEET; THENCE DEPARTING SAID PROPERTY LINE 5.01 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 107.00 FEET AND CONTAINING A DELTA OF 02°40'49", (THE CHORD OF WHICH BEARS N 84°08'12" W A DISTANCE OF 5.01 FEET); THENCE 55.20 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 81.50 FEET AND CONTAINING A DELTA OF 38°48'21 ", (THE CHORD OF WHICH BEARS S 77°48'02" W A DISTANCE OF 54.15 FEET); THENCE N 79'49'20" W A DISTANCE OF 12.14 FEET; THENCE S 50'48'19" W A DISTANCE OF 187.77 FEET TO A POINT ON A LINE BEING 20 FEET OFFSET TO THE SOUTH EAST AND PARALLEL OF THE EXISTING SOUTH EAST RIGHT OF WAY OF COOLEY MESA ROAD RECORDED AT BOOK 407 AT PAGE 815; THENCE N 47'51'36" E ALONG THE 20 FOOT OFFSET FROM THE SOUTHERLY ROW A DISTANCE OF 348.54 FEET TO THE SOUTHERLY TRACT LINE OF TRACT 53, THENCE S 89'08'13" E ALONG SAID TRACT LINE A DISTANCE OF 73.31 FEET TO THE POINT OF BEGINNING, SAID PARCEL CONTAINING 9,049 SQUARE FEET MORE OR LESS. LAND ACQUISITION PARCEL D A PARCEL OF LAND FOR THE BENEFIT OF THE TOWN OF GYPSUM FOR A PUBLIC RIGHT OF WAY LOCATED IN THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 5 SOUTH, RANGE 85 WEST OF THE 6TH P.M. COMMENCING AT AP N0.3 OF TRACT 53 A FOUND 2-1 /2" GLO BRASS CAP ON A 1" IRON PIPE, THENCE S 89'08'13" ALONG THE SOUTHERLY TRACT LINE OF TRACT 53 A DISTANCE OF 505.62 FEET TO THE POINT OF BEGINNING: THENCE S 89°08'13" E ALONG SAID TRACT LINE A DISTANCE OF 18.06 FEET TO A POINT ON THE EXISTING 60 FOOT RIGHT OF WAY FOR COOLEY MESA ROAD RECORDED AT BOOK 407 AT PAGE 815; THENCE DEPARTING SAID TRACT LINE S47°51'36"W ALONG THE NORTHERLY ROW OF COOLEY MESA ROAD A DISTANCE OF 47.95 FEET; THENCE DEPARTING SAID ROW 37.12 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 89.50 FEET AND CONTAINING A DELTA OF 23'45'55", (THE CHORD OF WHICH BEARS N 28°20'14" E A DISTANCE OF 36.86 FEET) TO THE POINT OF BEGINNING, SAID PARCEL CONTAINING 248 SQUARE FEET MORE OR LESS. EXHIBIT A-4 BOUNDARIES UNLIMffED, INC. 2001 Properties, Saddle Ridge Development 823 BLAKE AVENUE, STE. 102 COOLEY MESA ROAD GLENWOOD SPRINGS, CO 81601 DATE: 7/23/08 LAND ACQUISITION FOR PUBLIC RIGHT-OF-WAY 970 945 5252 2005~WW~EXMA-CMR ,~,~~ ~ ~ 5~~~~~~ EAGLE COUNTY SCALE: 1 ° = 40' FAA FUNDED) c3 ~ / ~ FOUND AP N0.3 OF TRACT \; ~~,` /' ACQUISITION 53 A 2-1 /2" GLO BRASS ~ ~;: ~~ ~ PARCEL B CAP ON 1' IRON PIPE C2 ,~ :~~;:,,;;;~'.~,,~\,. ~ ~~ ~ 4y~P~ ~~~ :; ~: PAL: ~;':: ~~°~ y~' ,~ ~~. ~',_ ~:'~;; :. ~` ,~ / ~ ~A~,~,'~ tip` EAGLE ~~' \\\'S~' ~~ c~~ ~ QP~' COUNTY ~,` ;, ~~1 / GO ~P,~03 ~ , %~ (FAA FUNDED) P.O.B. PARCEL A / ~ ;1~' J (, i ;~ °'- ~~ ` SOUTHERLY TRACT ~ c° S89°08'13"E '` ~ LINE OF TRACT 53~ S89°08'13"E ! ` ,r ;55.51'i (` ;' j 5(TIE)2 1 L1 S89°08'13"E 7~T".E)8' I ~S89°08'13"E ,- EAGLE i~ ~ COUNTY 0 " FOUf~D'~ AP N0.3 OF TRACT , 53,,';4 2-1 /2" GLO BRASS SADDLE ,CAP ON 1" IRON PIPE RIDGE too / , B ~~ ~ ~ FOUND 3" ALUMINIUM CAP ~t~, BEING THE NORTHWEST / OD ~60`~ ~ ~~~ CORNER OF THE SADDLE O,A~O9 RIDGE PROPERTY. yCF ,QO / P.O.B. PARCEL B F 9d ~j~` LINE TABLE LINE LENGTH BEARING L1 6.29' N89'08'13"W CURVE TABLE CURVE RADIUS LENGTH CHORD BEARING CHORD DELTA C1 89.50' 12.78' N 12'21'52" E 12.77' 8'10'51" C2 99.00' 137.09' N 47'56'38" E 126.40' 79°20'24" C3 89.50' 21.73' N 80°39'31" E 21.68' 13°54'39" ~~ EXHIBIT A-1 BOUNDARIES UNLIMITED, INC. 2001 Properties, Saddle Ridge Development 823 BLAKE AVENUE, STE. 102 COOLEY MESA ROAD GLENWOOD SPRINGS, CO 81601 DATE: 7/23/08 LAND ACQUISITION FOR PUBLIC RIGHT-OF-WAY 970 945 5252 2oo5~ww~ExMA-cMR EAGLE COUNTY (FAA FUNDED) LANDS LAND ACQUISITION PARCEL A A PARCEL OF LAND FOR THE BENEFIT OF THE TOWN OF GYPSUM FOR A PUBLIC RIGHT OF WAY LOCATED IN THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 5 SOUTH, RANGE 85 WEST OF THE 6TH P.M. COMMENCING AT AP N0.3 OF TRACT 53 A FOUND 2-1/2" GLO BRASS CAP ON A 1" IRON PIPE, THENCE S 89°08'13" ALONG THE SOUTHERLY TRACT LINE OF TRACT 53 A DISTANCE OF 505.62 FEET TO THE POINT OF BEGINNING: THENCE DEPARTING SAID TRACT LINE 12.78 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 89.50 FEET AND CONTAINING A DELTA OF 8'10'51", (THE CHORD OF WHICH BEARS N 12'21'52" E A DISTANCE OF 12.78 FEET); THENCE 137.09 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 99.00 FEET AND CONTAINING A DELTA OF 79'20'24", (THE CHORD OF WHfCH BEARS N 47'56'38" E A DISTANCE OF 126.40 FEET); THENCE 21.73 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 89.50 FEET AND CONTAINING A DELTA OF 13'54'39", (THE CHORD OF WHICH BEARS N 80°39'31" E A DISTANCE OF 21.68 FEET) TO A POINT ON THE EXISTING 100 FOOT RIGHT OF WAY EASEMENT FOR COOLEY MESA ROAD (BOOK 703 AT PAGE 41); THENCE S 47'56'38" W ALONG THE NORTHERLY ROW OF SAID ROW EASEMENT A DISTANCE OF 150.41 FEET TO THE SOUTHERLY TRACT LINE OF TRACT 53; THENCE N 89'08'13" W ALONG SAID TRACT LINE A DISTANCE OF 6.29 FEET TO THE POINT OF BEGINNING, SAID PARCEL CONTAINING 3,619 SQUARE FEET MORE OR LESS. LAND ACQUISITION PARCEL B A PARCEL OF LAND FOR THE BENEFIT OF THE TOWN OF GYPSUM FOR A PUBLIC RIGHT OF WAY LOCATED IN THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 5 SOUTH, RANGE 85 WEST OF THE 6TH P.M. COMMENCING AT AP N0.3 OF TRACT 53 A FOUND 2-1 /2" GLO BRASS CAP ON A 1" IRON PIPE, THENCE S 89'08'13" E ALONG THE SOUTHERLY TRACT LINE OF TRACT 53 A DISTANCE OF 714.28 FEET TO A FOUND 3" ALUMINUM CAP BEING THE NORTH WEST CORNER OF THE SADDLE RIDGE PROPERTY, ALSO BEING THE POINT OF BEGINNING: THENCE N 89°08'13" W ALONG THE SOUTHERLY TRACT LINE OF TRACT 53 A DISTANCE OF 55.51 FEET TO A POINT ON THE SOUTHERLY ROW OF THE EXISTING 100 FOOT RIGHT OF WAY EASEMENT FOR COOLEY MESA ROAD, (BOOK 703 AT PAGE 41) THENCE N 47°56'38" E ALONG THE SOUTHERLY ROW OF SAID 100 FOOT RIGHT OF WAY EASEMENT A DISTANCE OF 70.32 FEET; THENCE DEPARTING SAID ROW EASEMENTS 03'55'49" E A DISTANCE OF 48.06 FEET TO THE POINT OF BEGINNING, SAID PARCEL CONTAINING 1,329 SQUARE FEET MORE OR LESS. EXHIBIT A-2 BOUNDARIES UNLIMITED, INC. 2001 Properties, Saddle Ridge Development 823 BLAKE AVENUE, STE. 102 GLENWOOD SPRINGS, CO 81601 DATE: ~ j23/o8 COOLEY MESA ROAD 970 945 5252 2oo5\N;w\EXMA-CMR LAND ACQUISITION FOR PUBLIC RIGHT-OF-WAY