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HomeMy WebLinkAboutC09-030 ERWSD_EasementWhen Recorded, Return to: Keiri P. Assell Jones & Keller, P.C. ~1d00 S. Ulster Street, Suite 880 Denver, Colorado 80237 'WEST END REAFFIlMATION AND FIRST AMENDMENT TO 1996 EAGLE RIVER WATER AND SANI'T'ATION DISTRICT/UPPER EAGLE REGIONAL WATER AUTHORITY EASEMENT THIS REAFFIRMATION AND FIItST AMENDMENT TO EASEMENT (this "Amendment") is made as of January ~~- , 2009, by and among COUNTY OF EAGLE, STATE OF COLORADO, a governmental entity and political subdivision of the State of Colorado {hereinafter referred to as the "County"), as successor to Bruce C. Eaton and Winifred W. Grimshaw; BCP- MIDTOWN INVESTMENTS II, LLC, a Delaware limited liability company, its successors and assigns (hereinafter referred to as "BCP"), as successor to Robert E. Havener and Patricia A. Havener; and EAGLE RIVER WATER AND SANITATION DISTRICT, aquasi-municipal corporatian of the State of Colorado within the County of Eagle and UPPER EAGLE REGIONAL WATER AUTHORITY, aquasi-municipal corporation of the State of Colorado within the County of Eagle (hereinafter referred to collectively as the "District"). The County, BCF and the District shall collectively be referred to as "Parties." Recitals Tins Amendment is made with respect to the following facts: A On October 2, 1996, Bruce C. Eaton and Winifred W. Grimshaw, "Grantor," and their successors and assigns, Robert E. Havener and Patricia A. Havener, "Havener," and their successors and assigns, and the District entered into an Easement (the "Easement Agreement") whereby Grantor granted Havener and the District a perpetual non-exclusive easement (the "Easement") and right to construct, install, remove, replace, add to, maintain, repair, operate, change and alter underground sewer lines and appurtenances together with any and all sewer mains and manholes situate therein, and all necessary rights-of--way far convenient ingress and egress thereto and therefrom, together with certain other rights, all as more particularly described in the Easement; B. The Easement Agreement was recorded in the Eagle County Clerk and Recorder's Office on November 12, 1996 at Boak 711, Page 173; C. The County is the successor in interest to the Grantor by virtue of that certain Warranty Deed from Bruce C. Eaton and Grimshaw-Eaton, LLC, a Colorado Limited Liability Company to the County dated Septembe~• 13, 2005 and recorded in the Eagle County Clerk and Recorder's Office on September 30, 2005; D. BCP is the successor in interest to Havener by virtue of that certain Warranty Deed from Havener to Urban Legends, LLC ("Urban Legends") dated March 13, 2006 and recorded in the Eagle County Clerk and Recorder's Office on March 20, 2006 at Reception No. 200606829, that certain Quit Claim Deed from Urban Legends to Capital Investment, LLC ("Capital Investment") dated September 20, 2007 and recorded in the Eagle Cotmty Clerk and Recorder's Office on September 21, 2007 at Reception No. 200725486, and that certain Quit Claim Deed From Capital Investment to BCP dated September 20, 2007 and recorded in the Eagle County Clerk and Recorder's Officer on September 21, 2007 at Reception No. 200725487; and E. The Parties desire to amend the Easement Agreement and the Easement to, among other things, extend the existing sewer main and to add a new water main, as set faith herein. Agreement NOW THEREFORE, for good and valuable consideration, the receipt, adequacy and sufficiency of which is hereby acknowledged, the Parties hereto agree as follows: 1. Addition to Easement. The Parties agree that the Easement is hereby reaffirmed, as amended hereby, to add additionah property to the Easement and utility mains as legally described and depicted on Exhibit A, attached hereto and incorporated herein by this reference (the "Amended Easement"), and to allow the Amended Easement to benefit the property commonly known as the West End in addition to the property described in the Easement. 2. Use of Utility Mains. The Parties agree that the Amended Easement may be used for a water main and related purposes in addition to the purposes set forth in the Easement Agreement. 3. Temporary Easement. The Parties agree that the Temporary Easement described in the Easement Agreement shall be extended until a period of time tha# is twelve (12) months from commencement of the vertical construction on the property owned by BCP for the installation of the utility mains and restoration of property disturbed by the installation of the utility mains. 4. Full Force and Effect. Except as modified herein, the Easement Agreement shall remain in full force and effect. The County, BCP and the District hereby reaffirm all of the terms and conditions of the Easement Agreement. [Signaturz page follows] IN WITNESS WHEREOF, the below, intending this Amendment ~ ATTEST: By~ ~~ a Clerk to the Board of County Commissioners ~r executed this Amendment on the date set forth date first set forth above. THE COUNTY: COUNTY OF EAGLE, STATE OF COLORADO BY AND THROUG ~' BO COUNTY By~ ~- Name: ~ ..~'-f~"~"' c c. ~~,~ ;~ Title: Chairman Sri' ~ ,r r 1 BCP: BCP-MIDTOWN INVESTMENTS II, LLC, a Delaware limited liability company By: _ Name: Q to~.~-~- ..._ P~~-~.y' Tifile: Manager THE DbSTRICT: EAGLE RIVER WATER AND SANITATION DISTRICT By: _ Name: Title: Manager UPPER EAGLE WATER AUTHORITY By: _ Name: Title: REGIONAL Manager 1N WITNESS WHEREOF, the parties have executed this Amendment on the date set forth below, intending this Amendment be effective as of the date fast set forth above. ATTEST: By: Cleric to the Board of County Commissioners THC COUNTY: COUNTY OF EAGLE, STATE OF COLORADO BY AND THROUGH ITS BOARD OF COUNTY COMMISSIONERS By: Name: Title: Chairman BCP: BCP-MIDTOWN INVESTMENTS II, LLC, a Delaware limited liability company By: Name: Title: Manager TAE DISTRICT: EAGLE RIVER WATER AND SANITATI ICT By: .~~ Name: y "~r V i Title: Manager UPPER EAGLE REGIONAL WATER AU By: Name: ~yvr;s ~ [~~L, Title: Manager STATE OF COLORADO ) ss. COUNTY OF EAGLE ) The foregoing document was acknowledged before me this day of January, 2009, by as Chairman of the Eagle County, Colorado Board of County Commissioners. Witness my hand and official seal. My Commission Expires: Notary Public STATE OF COLORADO } $~~~ N. YIfAL.KER ss. NOTARY PUBLtC COUNTY OF~2~1~ ~ ~ } ~'A~ ~ COLORADO ~N ~+ an2no~o The foregoing document was aclrnowledged before me this ~~ay of January, 2009, by Z~r=~~sl VV . RG~ ~ , as Manager of BCP-Midtown Investments II, LLC, a Delaware limited liability company. Witness my hand and official seal. My Commission Expires: 0 2122) 201'0 1J~.• l1U Notary ublic STATE OF COLORADO ss. COUN'T'Y OF EAGLE ) The foregoing document was acknowledged before me this day of January, 2009, by as of the Eagle River Water and Sanitation District. Witness my hand and official seal. My Commission Expires: Notary Public STATE OF COLORADO ) ) 5S. COUNTY OF EAGLE ) The foregoing document was acknowledged before me this day of January, 2009, by as Chairman of the Eagle County, Colorado Board of County Commissioners. Witness my hand and official seal. My Commission Expires: STATE OF COLORADO } } ss. COUNTY OF ) Notary Public The foregoing document was acla~owledged before me this day of January, 2009, by as Manager of BCP-Midtown Investments II, LLC, a Delaware limited liability company. Witness my hand and official seal. My Commission Expires: :~~~~' F~UA~~~;~,~~~ Notary Public tt STATE OF COLORADO ) ~~ ~ ~~~~ t ~ Q COUNTY OF EAGLE ) $ ~''°° `~ ~° °° ®~' .....•-~ ~~ `o t~ The foregoing document was acknow~ey~cg ., efl;3re me this ~ day of 3anuary, 2009, by Y t.~,~~~ V~ , aS ~pBl~ p.~ P` I ~~A~o.~~tl1e Eagle River Water and Sanitation District. Witness my hand and official seal. My Commission Expires: ~J Notary Publ c STATE OF COLORADO COUNTY OF EAGLE ~ :~ )ss. .. :'p s ~~s` ..-e.EA46 The forego/in~g document was acknowledged before me this ~ day of January, 2009, by ~,~ss ~e.~oYal ~f''~a ~ a o the Upper Eagle Regional Water Authority. Witness my hand and official seal. My Commission Expires: Ma~~~, zo~Z. . Notary Pub is Exhibit A Legal Description and Depiction of Amended Easement EXHI6IT A SHEET 1 OF 2 LEGAL DESCRIPTION A PARCEL OF LAND BEING PART OF PARCEL A, EATON RANCH, RECORDED AT RECEPTION N0. 927914 OF THE RECORDS OF THE EAGLE COUNTY CLERK AND RECORDER, LOCATED IN THE NORTHEAST QUARTER OF SECTION 5, TOWNSHIP 5 SOUTH, RANGE 82 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF EAGLE, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENgNG AT THE SOUTHWEST CORNER OF SAID NORTHEAST QUARTER OF SECTION 5 AND CONSIDERING THE SOUTH LINE OF SAID NORTHEAST QUARTER OF SECTION 5 TO BEAR SOUTH 89'43'32" EAST WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE SOUTH 89'43'32" EAST ALONG SAID SOUTH LINE, A DISTANCE OF 645.75 FEET TO THE SOUTHEASTERLY CORNER OF THAT PROPERTY UNE AGREEMENT RECORDED IN BOOK 485 AT PAGE 725 OF THE RECORDS OF THE EAGLE COUNTY CLERK AND RECORDER; THENCE NORTH 01'29'41" EAST ALONG THE EASTERLY LINE OF SAID PROPERTY LINE AGREEMENT, A DISTANCE OF 20.33 FEET TO THE NORTHEASTERLY CORNER OF SAID PROPERTY LINE AGREEMENT, SAID POINT ALSO BEING THE POINT OF BEgNNING; THENCE NORTH 02'06'37" EAST, A DISTANCE OF 43.32 FEET; THENCE SOUTH 87'58'19" EAST. A DISTANCE OF 674.84 FEET TO A POINT ON THE EASTERLY BOUNDARY OF SAID PARCEL A, EATON RANCH; THENCE SOUTH 02'01'41" WEST ALONG SAID EASTERLY BOUNDARY, A DISTANCE OF 16.64 FEET TO THE NORTHEASTERLY CORNER DF THAT SEWER EASEMENT DESCRIBED IN BOOK 711 AT PAGE 177, RECEPTION NO. 607155, OF THE RECORDS OF THE EAGLE COUNTY CLERK AND RECORDER; THENCE ALONG THE NORTHERLY AND WESTERLY UNES OF SAID SEWER EASEMENT THE FOLLOWING TWO (2} COURSES; 1. THENCE NORTH 87'56'01" WEST, A DISTANCE DF 273.11 FEET; 2. THENCE SOUTH 01'46'34" WEST, A DISTANCE OF 24.21 FEET; THENCE NORTH 87'16'09" WEST. A DISTANCE OF 18.72 FEET; THENCE NORTH 88'17'33" WEST, A DISTANCE OF 229.33 FEET; THENCE NORTH 89'09'51" WEST, A DISTANCE OF 97.26 FEET; THENCE NORTH 87'32'45" WEST. A DISTANCE OF 56.61 FEET TO THE POINT OF BEGINNING; SAID PARCEL CONTAINS AN AREA OF 21,315 SQUARE FEET, OR 0.489 ACRE, MORE OR LESS. I, THOMAS D_ STAAB, A SURVEYOR THAT THE ABOVE LEGAL DESCRIPTI AND CHECKING. d THOMAS D. STAAB, P.L.S. FOR AND ON BEHALF OF `-l 7-'8~j DATE THE STATE OF COLORADO, DO HEREBY CERTIFY IA~ED BY ME OR UNDER MY DfRECT SUPERVISION r~ Carroll ~ Lange PtaleSbibn~l E~glneers b land Survbyors `~ 185 Soulh llnlon 81+M.. Sul1e 156 iakewood, Colorado 80228 (303) 980-0200 EXHIBIT A ~ 1/4 ~~ ~~ 5 SMEET 2 0~' 2 S02'Q1'41"W sr°4M m1~AL 16.64'-Z EASTERLY LINE -~ PARCEL A EATON RANCH REC. N0. 927914 ~~® ,~ SCALE: 1" = 1Q0' .., n PARCEL A `D EATON RANCH =' o, REC. N0. 927914 : ' n E~ ~ CONTAINS 21,315 SF4 0.489 ACt --x--25' SEWER EASEMENT r- I BK 711, PG 177 r- E REC. N0. 607155 I n II N II I 31 I pit in I ~I t` zil I S01'46'34"W I I 24.21' f ~, 18.72' f '~~ PROPOSED SUBDIVISION: ~y~ THE WEST END P.U.D. -. Ili (~~ ~~ le~ '~' ~ N88'17'33"W I 229.33' I'I N89'09'S1"W 1~-97.2fi' I N87'32'45"W 5fi.fi1' I / iTiuwc LEGEND: w DENOTES A CHANGE IN COURSE ONLY. sw cow !v~ ~/~ ,mac 5 ~~~n NO MANUMFNT FDUND w NOTE: THIS EXHIBIT DOES NOT z~l~ REPRESENT A MONUMENT SURVEY. W 1/4 CQR SEC 5 IT IS INTENDED ONLY TO DEPICT FND 3-1/~}" ALUM CAP THE ATTACHED DESCRIPTION. srAMPm pLS 2u1e• P. 50 E76iE rD so' stn+r~ coRnrER W CQ4 N£ 1/4 SEC 5, ~4' ALUAf. CAP 28286 Carroll ~ Lange Fafesslo~gl En8lneer~ 8 Land Surveyors ®' 163 Saulh Unian Blvd ,Sulfa 156 Lakewood. Colorado 80226 (303)980-U200 N02'Qfi'37"E 43.32' PROPERTY UNE AGREEMENT 8K 4~85~, •P'G. 725 M~ yIi