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HomeMy WebLinkAboutC09-401 Right of Way Agreement LuarkAGREEMENT TO GRANT ROAD RIGHT-OF-WAY EASEMENT AND VACATE UNNECESSARY ROAD RIGHT-OF-WAY THIS AGREEMENT TO GRANT ROAD RIGHT-OF-WAY EASEMENT AND VACATE UNN-~SARY ROAD RIGHT-OF-WAY (hereinafter referred to as "Agreement") is made this 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 Mike W. Luark, whose address is 8313 Colorado River Road, Gypsum, CO 81637, his successors and assigns (hereinafter referred to as "Luark"). RECITALS County. Luark owns property at 8313 Colorado River Road in unincorporated Eagle 2. The County currently owns and maintains a bridge, roadway, and attendant improvements over the Colorado River located adjacent to the Luark 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 Exhibit E (hereinafter referred to as the "Improvements"). 4. The Improvements necessitate the acquisition of an easement over approximately 72 acres of Luark land in a location identified in the attached Exhibits A, B, and E. 5. The new alignment of the Improvements shall make a portion of the previous road right-of-way held by the County unnecessary for the construction, maintenance, and use of the new aligned roadway and bridge structure. The County is willing to vacate said portion of previous road right-of-way that is determined to no longer be necessary. Those portions of right- of-way anticipated to be vacated are generally depicted in the attached Exhibits C, D, and E. 6. Luark 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 $42,950.00 and other good and valuable consideration paid by the County to Luark, the receipt of which is hereby acknowledged, Luark 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 -~a~ 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 B and visually depicted on the attached Exhibit E. 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 Luark, 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. Luark 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- W ay. AGREEMENT TO VACATE UNNECCSARY ROAD RIGHT-OF-WAY Upon completion of the Improvements, the previous road right-of-way generally depicted on the attached Exhibits C and D and visually depicted on the attached Exhibit E should become unnecessary for the purposes of maintaining the roadway and bridge structure in its new alignment. The property to be vacated shown on Exhibits C and D is attached hereto for illustrative purposes and generally depicts the areas anticipated to be vacated. However, the actual property to be vacated cannot be ascertained until after completion of the Improvements. Within ninety (90) days following substantial completion of the Improvements, County shall vacate those portions of the property identified in Exhibits C and D not necessary, as determined by County in its sole discretion, for the operation and maintenance of a roadway and bridge structure in the new alignment. The County shall prepare a legal description, at its sole expense, identifying the vacated property. The actual legal descriptions shall be attached to this Agreement in the form of an amendment to the same. OTHER CONSIDERATION The County shall install a driveway for the Luark property in a type and location shown on the attached Exhibit F. Such driveway to be installed no later than thirty (30) days following substantial completion of the Improvements. Such driveway shall include at its entrance a twenty (20) foot long and seven (7) foot wide cattle guard to be installed at County expense. 2 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 By: Sara J. Fish r, Chairperson MIKE LUARK ~___ By: .~~~ ,~L STATE OF COLORADO ss. COUNTY OF EAGLE ) The foregoing Agreement was subscribed and sworn to before me this r ~ day of September, 2009, by Mike Luark. WITNESS my hand and official seal. (SEAL) ~~~~~ (~~~ Notary Public DEBORAH L CHURCHILL Notary Public State of Colorado My commis one pire1s: My Commiseion E `~~~ ~ ~~~'~ ~ "~ xpkee February 18, 2011 County ~omm~i~~'rc - "" Parcel A Legal Description A parcel of land located in the SW '/4 of Section 3, Township 4 South, Range 86 West of the 6th P.M. and also being located within a parcel of land described in Book 297, Page 387 in the office of the Eagle County Clerk and Recorder being more particularly described as follows: Beginning at a point on the westerly offset of a line described in Book 215 Page 281 as recorded in the office of the Eagle County Clerk and Recorder 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 03°13'34" W a distance of 1155.41 feet; thence 120.62 feet along the arc of a non tangent curve to the left having a radius of 290.00 feet, a central angle of 23°49'49"and the chord bears S 31°58'06" W a distance of 119.75 feet to a point on the westerly boundary of said Tract 40; thence along said westerly boundary of Tract 40 S 00°04' 17" E a distance of 225.49 feet; thence leaving said westerly boundary of Tract 40 S 10°04'50" E a distance of 232.64 feet to a point; thence 61.94 feet along the arc of a tangent curve to the right having a radius of 942.00 feet, a central angle of 03°46'03", and the chord bears S 08° 11'48" E a distance of 61.93 feet to a point on said westerly offset; thence along said westerly offset the following 3 courses 1. N 02°46'29" E a distance of 10.87 feet; 2. N 00°33'59" E a distance of 532.19 feet; 3. NOS°58'19" E a distance of 74.82 feet to the point of beginning; containing 0.5254 acres more or less. EXHIBIT Parcel B Legal Description A parcel of land located in the SW `/4 of Section 3, Township 4 South, Range 86 West of the 6th P.M. and also being located within a parcel of land described in Book 297, Page 387 in the office of the Eagle County Clerk and Recorder being more particularly described as follows: Beginning at a point on the easterly offset of a line described in Book 215 Page 281 as recorded in the office of the Eagle County Clerk and Recorder 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 07°53'57" W a distance of 1187.50 feet; thence 83.77 feet along the arc of a non tangent curve to the right having a radius of 210.00 feet, a central angle of 22°51'25"and the chord bears N 69°34'12" E a distance of 83.22 feet; thence N 80°59'54" E a distance of 109.58 feet to a point on the easterly boundary of said parcel described in Book 297, Page 387, also being a point on the centerline of the Colorado River; thence along said easterly boundary and river centerline N 23°41' 16" E a distance of 46.55 feet to a point on said easterly offset; thence the following 6 courses along said easterly offset: 1. S 85° 15'59" W a distance of 45.31 feet; 1. S 86°36'29" W a distance of 47.34 feet; 2. S 79° 10' 19" W a distance of 64.84 feet; 3. S 57°55'39" W a distance of 34.63 feet; 4. S 29°45'39" W a distance of 34.69 feet; 5. SOS°58' 19" W a distance of 21.71 feet to the point of beginning.; containing 0.1946 acres more or less. EXHIBIT ?~ D D Parcel C Legal Description A parcel of land located in the SW '/4 of Section 3, Township 4 South, Range 86 West of the 6th P.M. and also being located within a parcel of land described in Book 297, Page 387 in the office of the Eagle County Clerk and Recorder being snore particularly described as follows: Beginning at a point on the westerly offset of a line described in Book 215 Page 281 as recorded in the office of the Eagle County Clerk and Recorder 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 03° 13'34" W a distance of 1155.41 feet; thence 187.86 feet along the arc of a non tangent curve to the right having a radius of 290.00 feet, a central angle of 37°06'54"and the chord bears N 62°26'27" E a distance of 184.59 feet; thence N 80°59'54" E a distance of 163.60 feet to a point on the easterly boundary of said parcel described in Book 297, Page 387, also being a point on the centerline of the Colorado River; thence the following 2 courses along said easterly boundary and river centerline: 1. N 27°42'47" E a distance of 62.08 feet 2. N 26°59'00" E a distance of 5.59 to a point on said westerly offset; thence the following 6 courses along said westerly offset: 1. S 85° 15'59" W a distance of 106.14 feet; 2. S 86°36'29" W a distance of 52.66 feet; 3. S 79° 10' 19" W a distance of 90.10 feet; 4. S 57°55'39" W a distance of 78.47 feet; 5. S 29°45'39" W a distance of 80.85 feet; 6. SOS°58' 19" W a distance of 30.45 feet to the point of beginning; containing 0.4816 acres more or less. Parcel D Legal Description A parcel of land located in the SW '/a of Section 3, Township 4 South, Range 86 West of the 6th P.M. and also being located within a parcel of land described in Book 297, Page 387 in the office of the Eagle County Clerk and Recorder being more particularly described as follows: Beginning at a point on the easterly offset of a line described in Book 215 Page 281 as recorded in the office of the Eagle County Clerk and Recorder 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 07°53'57" W a distance of 1187.50 feet; thence 250.05 feet along the arc of a non tangent curve to the left having a radius of 210.00 feet, a central angle of 68°13'19"and the chord bears S 24°01'50" W a distance of 235.54 feet; thence S 10°04'50" E a distance of 309.12; thence 197.57 feet along the arc of a tangent curve to the right having a radius of 1022.00 feet, a central angle of 11°04'35"and the chord bears S 04°32'32" E a distance of 197.26 feet; thence S 00°59'45" W a distance of 104.37 feet; thence S 89°00'15" E a distance of 5.43 feet to a point on said easterly offset; thence the following 3 courses along said easterly offset: 1. N 02°46'29" E a distance of 234.00 feet; 2. N 00°33'59" E a distance of 529.39; 3. NOS°58'19" E a distance of 57.78 feet to the point of beginning; containing 0.8551 acres more or less. :XHIBIT A.P. 2 of AP. 2 d ~ Trail 40 Trail 40 i i Z OJ'l / ~ IJ ~2 ~~ ViIO u 0''1 fl ~ 579 ~ ~ u ~_~p "j. 55ry9 ' li£ ~Q Sy I Al m 00 ~ a ryg 3 I ~^0~h 06 E? rn 10~ ~0~g9 ~ 9 b A ^J . q~-- II N N G'd,$ . pN P.O.B. for N N raj r 5~~., R=290.00 PatieleA w L=120.62 aneC ~ X23'49'49" ro ~ ~ 50: C=119.75 "~ ' n CB=531'58'06"W Z ~ ~?' rred ao Boundary ~~~ ~i i A ~~ ~D FASerq I Cobrado N 'I ~ Rver Road w it I ,.i I o N Mike R'. Z Luork Book I97, Page 387 D o N . ~ O 0 ~ ~; R=1022.00 ~ ~ L=197.57 ~ m ~11'04'3s' _ C=197.26 L=64940 III C8=N04'32' X3'46'03° i~ C=61.93 w ~ CB=508'11'48°E mN ~I a~i~' ^N Z II`~ I ~ r0 N N ~ ~ 3 z ~ ~ „^r a ~ II o!~ ~ ~ =N ~ i I 9'OIb315"E ~ ~. ---. i'15'59'W ry'9-- -------- 106.14' 4r - -__ --- N -` -_ 2 51' --------- ' R=210.00 P.O.B. (or L=83.77 Parcels B A=22'51'25° end D C=63.22 Edged Cobrado CB=N69'34'12'E River R=210.00 L=250.05 X68'13'19° C=235.54 cB=szarol'so°w Book 215 Pape 281 GRAPHI~SCALE~IN FEET - - - . - - - - - - ~ I - ~ - _. _. - - SHEET NO. ____ -. Proposed Righ-of°Wa~ Parcel LONCO SCALE: 1' = 110' DATE: Aapep 10, 2001 ~ DRAWN BY: SMO ^ t~:_. _. SHEET: Idl PROJECT: 071Q ~CHKD BY: Mq ~- GAMBA & ASSOCIATES, INC. y, oRnwIHG: rowaknnnerouu.~ GAMBA ~ ,- - - - e~. ~c.cuM ~ .i D'.RECIORV. M:U1MTa1-MYI•a~a-vllarl. • ~ ..~..e .e. ~... ... g ~...~~ ~, ~~~i3,~-_.i--t- : ~i . ,..1 --- _~~ ' - _'-_~-~ f -'~~1-.- ~,-2 OATA ~N = 5+08.02 STA OUT 10+66.03 IIN - 5+44.52 STA OUT = 10+29.53 ~ = 5+81.02 STA OUT = 9+93.03 J 6+17.52 STA OUT = 9+56.53 ~ ~._.. ~ - ,,-' _ ,, _ -...-. ~- - --- - i = - --- - - r -~ -- - ~ i ~ P. 38! \ i ~~ . \ ' R \ ~ ~ - .: _ {\ ~~ so' 20' o w' so' scuF: ~. - 40• - em.oo ------- ~-_`.._._----- _ _ ..__..... _-. ---..--- -------.~__~. -- . - _ . __ _..... _ ------------- __ _. ..-_---- - - _-.. __.. .- ---- --- - _....... _ _.__. . __ -___ --- - r------ __ _ .. -- -- - ___ ------- _ __. . _.____ 00 93 ------- ------ •-- ----_--- ---- ~ppp------------ ------ --- ----~------ "- -- 4 ------- -------- -~--I_------ --.-_.------ --~ -----_.._.> ---- -- -_. _ -. - _. ....._.-..- __...._....---- -----___.-_-_-_- --------_--__-__-__- ..,`~_..~,_.,,-_. `_. -------~-~-----1111-Si ---.......-------------PV!_ELE Kd __.. .__._..__..._.__.-_ -t ~--------------- 426LZi--------_---- 72 70.00... .-----.... ._...-___..... ~-°----~---_--~----- --------------.-~__-- __...-----._.__._._ _...--._.. ---'----` ..._----------- _...._ _....__.. + • ---.-. _.-__-.------ -_-_.------..-.-------__----- --~ ,~ --- ~ 70 -- ------ -~ __ - tee .- ------ - --- --- ------ ----- ---- ------- -------------- --_------------ --~-----------a --__ ---- -__ 6+pp 7+00 8*00 9+00 30 00 11+00 11+59 PRELININ.~~' -NOT FOR CONSTRUCIl~N COLORADO RIVER BRIDGE REPLACEMENT Project No./Code ~~ ]~;. No Revaiom: PLAN AND PROFILE (1 OF 2) »~ ~~ oo~oc caareo ro~o (~ ao-oow Designer. DJB Structur EXHI IT - Rewsed: Oetoikr: DJB Number ~ Void: Sheet Subset: Subset Sheets: of ~7~e.~-~~ -- -- suPER t FVATION C-1 DAT DIAGRAM A ~ N.C. N. C. STA IN = 0+13.42 STA OUT = 3+55.16 ~>~ OX A.C.R. STA IN = 0+52.17 STA OUT a 3+16.41 A.C.R. `~~ J~~ R.C. STA IN 0+90.92 STA OUT 2+77.66 R.C. F.S. STA IN 1+14.17 STA OUT 2+54.41 .~ ~ F.S. = 3.20X F.S. _-~~~.~._....._~..._... _.~_ l,s /" ~+ L.~ ._. r_ _•.,-~r~_ - --" -_ ~~ 4 631 62! 621 62; 62! 62`. 62~ 62~ C-1 DATA C-2 DATA d = 11' 04~ 35" d = 91' 04' 44" L 169.84' L = 397.41' R = 982.00' R = 250.00' T = 95.22' T 254.75' PI STA = 1+84.58 PI STA 8+43.07 PIN 4322.47 PIN = 4971.38 PIE 9857.88 PIE 9742.52 l_!~/-- = rJ~ ~. ~_~"~~ N.C. N. C. STA I ~7~ ~~ A.C.R. STA I A.C.R. R.C. STA I R.C. F.S. STA I F.S. = 4.OOX F.S. --- . _ •--- ~ _.. _ rvr sn _... "__---- ------- -- - ---- --- ---- _ __. _. K~3~ t H~ STA =0+00.00 ._ 'E'V--~ 62'75.TT~...-. -._-_.__.._______.._ __._..__._. 29X ~ -- ~ ----------------..~._._,- -~~----_~ ---------- ------ _.----- .n cn n. nn ~+ n 2+ OD 3+ 00 4+ 00 5+ 00 Creation Date: 02/17/09 kiiti0b: DJB Q Lost Modification Date: 07/24/09 InitiOb: DJB Q FuN PaN: F:\2007\P07133\DRAWINGS (~ Drorinq Fik Nome: SURFACE2.DWG Q Acod Ver. R2007 Scok: AS NOTED Unib: ENGLISH Q J