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HomeMy WebLinkAboutC09-400 Right of Way Agreement SchofieldAGREEMENT TO GRANT ROAD RIGHT-OF-WAY EASEMENT THIS AGREEMENT TO GRANT R,~ OA,~ RIGHT-OF-WAY EASEMENT (hereinafter referred to as "Agreement") is made this -~~t~~ day of September, 2009, by and between the County of Eagle, State of Colorado, a body corporate and politic ("County"), whose address is c/o Eagle County Attorney, P.O. Box 850, Eagle, CO 81631 (hereinafter referred to as "County"), its successors and assigns, and Levi Schofield, whose address is 8318 Colorado River Road, Gypsum, CO 81637, his successors and assigns (hereinafter referred to as "Schofield"). RECITALS 1. Schofield owns property at 8318 Colorado River Road in unincorporated Eagle County. 2. The County currently owns and maintains a bridge, roadway, and attendant improvements over the Colorado River located adjacent to the Schofield property. 3. The County desires to replace, improve, and enhance this bridge, roadway and attendant improvements in a new alignment generally depicted on the attached Exhibits A and B (hereinafter referred to as the "Improvements"). 4. The Improvements necessitate the acquisition of an easement over approximately 577 acres of Schofield land in a location identified in the attached Exhibits A and B. 5. Schofield is willing to grant the necessary easements in exchange for the consideration identified herein. NOW, THEREFORE, in consideration of the terms of this Agreement, the parties hereto agree as follows: GRANT OF ROAD RIGHT-OF-WAY EASEMENT WITNESSETH, that for and in consideration of the sum of $40,000.00 and other good and valuable consideration paid by the County to Schofield, the receipt of which is hereby acknowledged, Schofield does hereby grant, convey and transfer unto the County, its successors and assigns, a perpetual easement and right to construct, install, remove, replace, add to, maintain, repair, operate, change or alter a roadway and bridge crossing; including but not limited to all underground, underwater, and surface appurtenances related thereto, necessary snow storage and drainage improvements related thereto, any other improvements reasonably necessary to accomplish the above-stated purposes (hereinafter "Road Right-of-Way"), over, under and across the properties specifically identified in the attached Exhibits A and visually depicted on the attached Exhibit B. ~/" ~1- ~l f J~ The rights granted in this Agreement shall be possessed and enjoyed by the County, its successors and assigns, so long as the roadway, bridge, and appurtenances constructed shall be maintained and operated by the County, its successors or assigns. The County shall be fully liable for all injuries to persons or damage to property resulting from the operation and maintenance of a roadway and bridge over, under, and across the easement, and, to the extent allowed by law, shall hold harmless Schofield, his heirs and assigns, from any and all claims, suits, costs, losses and expenses that may in any manner result from or arise out of the maintenance, operation, or use of the easement. Nothing herein shall be deemed a waiver of any defense the County may have against athird-party claim arising under the Colorado Governmental Immunity Act or other similar statutory provisions. Schofield warrants that he has the lawful right to grant and convey the Road Right-of- Way and that he will, at no time, permit, place or construct any improvement of any kind on any part of the above-described premises, or in any way interfere with County's use of the Road Right-of-Way. MISCELLANEOUS PROVISIONS This Agreement shall not affect any easements of record other than those set forth herein. All provisions of the Agreement, 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. This Agreement covers all of the agreements between the parties and no representations or statements, verbal or written, have been made modifying, adding to, or changing the terms of this Agreement. No provision of this Agreement shall be construed against either party based on who drafted the document. Both parties are encouraged to have legal counsel review the same. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS B y: ~, Sara J. Fisher, Chairperson ATTEST: - ~ ~~fic~ ~y 2 m '~ Clerk of the B and of ~o~oo County Commissioners 14~ ~1 •. K,b~ i ~ 2 LE By STATE OF COLORADO ) ss. COUNTY OF EAGLE ) ~~ The foregoing Agreement was subscribed and sworn to before me this ~ day of September, 2009, by Levi Schofield. WITNESS my hand and official seal. (S E DEBORAH L CHURCHILL Notary Public State of Colorado My Commission Expk~s FE~bfWry 18, 2011 Notary Public My commissionJJexpir ~1 ~ ~~~'~ Proposed Colorado River Road Right-of--Way Legal Description from Schofield A parcel of land located in the S 1/2 of Section 3, Township 4 South, Range 86 West of the 6th P.M. and also being located within Tract C-1, Wolter & Ellard Exemption Reception No. 516720 in the office of the Eagle County Clerk and Recorder being more particularly described as follows: Beginning at a point on the westerly boundary of said Tract C-1, also being a point on the centerline of the Colorado River from whence A.P. 2 of Tract 40, Township 4 South, Range 86 West of the 6th P.M. being a GLO brass cap bears N 19°18'41" W a distance of 1 134.88 feet; thence along said Colorado River centerline and said westerly boundary of Tract C-1 S 23°41'16" W a distance of 88.21 feet; thence leaving said Colorado River centerline and said westerly boundary of Tract C-1 N 80°59'54" E a distance of 370.00 feet; thence N 09°00'06" W a distance of 20.00 feet; thence N 80°59'54" E a distance of 303.01 feet to a point on the northerly boundary of said Tract C-1; thence along said northerly boundary of Tract C-1 S 85°57'18" W a distance of 627.72 feet to the point of beginning; containing 25,174 square feet or 0.577 acres more or less. EXHIBIT .~ D D 9 I~ II /I /I A.P. 2 of I Tract 40 I I I I I y I I I~ "~-- / ~ ,% ~-- ~ ~ / / ~ ~ / ~ ~ I ~ Edge of ~ Colorado Edge of RNer ~ ~ Coltxada River ExisOng / Cobr3do // River Raatl ErisOng Cabrado Rhrer Road --~_ ~-~- _ -----, 1~ ~ ca5 5718 W ~ rr~ Levi, Barbara ardJohn Schofield Troct C-!, Wolter & Ellard Exemption Reception No. SI6720 GpPPNIC SCALE IN FEET SHEET NO. Proposed Righ•of-Way Parcel r LONCO ~B~T d :'.': I'=100' DATE: Auguq 10, Y009 DRAWN BY: SMG loll PROJECT: 07667 CHKD BY: AUG Z~=°- GAMBA & ASSOCIATES, INC. °pWf°'"'"`~ GAMBA XiC161T01~10W Ipal Dgolpba\ • ~ -