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HomeMy WebLinkAboutC09-433 Temp BCMD Easement~, . TEMPORARY EASEMENT FOR ACCESS TO CONSTRUCT ROADWAY SLOPES THIS EASEMENT (hereinafter "Easement Agreement") is made and entered into this ~ ~~ day of C'~~~~t1~x~ , 2009 by and between the Berry Creek Metropolitan District, acting by and through its Board of Directors (hereinafter "Bent' Creek") and Eagle County, Colorado, a body corporate and politic, by and through its Board of County Commissioners (hereinafter "Eagle County"). WI'I'NESSEI'H: WHEREAS, Berry Creek owns Lot 97, Tract A and Tract B as described by the Final Plat for Berry Creek Ranch recorded in Book 282, Page 638 and Reception Number 179045 (hereinafter "Subject Property"); and WHEREAS, Eagle County, in conjunction with the Edwards Area Metropolitan Districts, is developing plans for road improvements of the 1-70G Spur Road between the intersection of Beard/Berry Creek Road intersection and the Miller Ranch Road/ 1-70G Spur Road intersection (hereinafter "Improvements"); and WHEREAS, these Improvements will alleviate traffic congestion and improve safety of the Beard Creek/Berry Creek Road intersection providing a benefit to Berry Creek and to the County as a whole; and WHEREAS, the Improvements will require construction of roadway slopes ("Roadway Slopes") on the Subject Property; and WHEREAS, Berry Creek is willing to grant the County certain temporary, non-exclusive easements for the purpose of access to the Subject Prope-ty for the construction and maintenance of the Roadway Slopes pursuant to the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the terms and covenants stated herein, the sufficiency of which is hereby acknowledged, Berry Creek and Eagle County agree as follows: TEMPORARY EASEMENT GRANT: Bent' Creek hereby grants and conveys to Eagle County, their successors and assigns the following non-exclusive, temporary encroachment easements: TE 100; TE 101; TE 1 O 1 A; TE 102; and TE 102A, for the purposes of access to construct the Roadway Slopes within the Subject Property at the locations shown on the right-ot=way plan (Exhibit "A") and described by the legal descriptions contained in Exhibits "B" through "F," attached hereto and incorporated herein by this reference (hereinafter, the "Temporary Easements"). The Temporary Easements granted herein shall be tcmporary interests in real property held by Eagle County for the purpose of access to construct the Roadway Slopes necessary for construction of the Improvements. The Temporary Easements granted by this agreement are 1 ~` 't~ ,i non-exclusive and Berry Creek reserves the right to use for itself and to grant for others rights- of-way over, under, across or through the Temporary Easements herein granted, provided that they do not unreasonably interfere with Eagle County's use of the Temporary Easements and construction of the hnprovements. Without limiting the foregoing, Berry Creek reserves the right to place along, across, under, over and through the Temporary Easement as many electric lines, power lines, waterlines, sewer lines, gas lines, telephone lines and other utilities as Berry Creek may deem necessary subject only to the right of Eagle County to use the same for the purposes herein granted. The Temporary Easements shall tern~inate upon completion of the Improvements and final acceptance of the "I-70 Edwards Interchange Upgrade" project by the Colorado Department of Transportation. INDEMNIFICATION: To the extent permitted by law, Eagle County shall indemnify and hold harmless Berry Creek and any of its officers, agents and employees against any losses, claims, damages or liabilities for which Berry Creek or any of its officers, agents, or employees may become subject to, insofar as any such losses, claims, damages or liabilities arise out of, directly or indirectly, this Easement Agreement, or are based upon any performance or nonperformance by Eagle County hereunder; and to the extent permitted by law, Eagle County shall reimburse Berry Creek for any and all legal and other expenses incurred by Berry Creek in connection with investigating or defending any such loss, claim, damage, liability or action. ENFORCEMEN"C REMEDIES: Berry Creek and Eagle County agree that the rights and obligations set forth in this Easement 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 these Easements both Berry Creek and Eagle County commit themselves to perform pursuant to the terms and conditions contained herein. In the event that an action is brought to enforce this Easement Agreement, the prevailing party shall be responsible for the recovery of its costs and fees, including reasonable attorney's fees. MISCELLANEOUS: This Easement 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 County, Colorado. This Easement Agreement and the rights and obligations created hereby shall be binding upon and inure to the benefit of Berry Creek and Eagle County and their respective successors and assigns. Nothing herein expressed or implied is intended or should be construed to confer or give to any person or entity other than Bevy Creek and Eagle County and their respective ;- successors and assigns, any ri~7ht, remedy or claim under or by reason of any covenant or condition herein contained. If any portion of this Easement 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 provisions shall be fully severable and this Easement Agreement shall be construed and enforced as if such invalid provision had never been inserted into this Easement Agreement. This Easement Agreement may be amended, modified, changed, or terminated in whole or in part only by written agreement duly authorized and executed by both Berry Creek and Eagle County. This Easement Agreement represents the full and complete understanding of Berry Creek and Eagle County and supersedes any prior agreements, discussions, negotiations, representations or understandings of Berry Creek and Eagle County 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. These Temporary Easements are granted subject to prior grants of easements and other ownership interests of record. Berry Creek makes no warranties as to the title of the easements conveyed. With the exception of the indemnities provided by Eagle County hereunder, Berry Creek and Eagle County shall insure themselves separately against liability, loss and damages arising out of the use of the Easements. Berry Creek and Eagle County, their elected officials, officers, agents and employees are relying upon and do not waive or abrogate, or intend to waive or abrogate by any provision of this Easement Agreement the monetary limitations or any other rights immunities or protections afforded by the Colorado Governmental Immunity Act, C.R.S Section 24-10-101, et. seq., as the same may be amended. All financial obligations of Berry Creek and Eagle County under and pursuant to this Easement Agreement are subject to prior appropriations of monies expressly made by the respective parties for the purposes of this Easement Agreement. No elected official, director, officer, agent or employee of Berry Creek or Eagle County shall be charged personally or held contractually liable by or to the other party under any teen or provision of this Easement Agreement or because of any breach thereof or' because of its or their execution, approval or attempted execution of this Easement Agreement. IN WITNESS WHEREOF, BERRY CREEK and EAGLE COUNTY have executed this Pei7nanent Easement this _~~=~_day of ~~C ~'~ 3i-/~ , 2009. ATTES'T': ' / ~ / BY: ~. /,~ TITLE:. e~r~ ~~ r ~= l h ~- ~aU rC='~ COI11m1SS10nerS '~aw~Aj°' ~--1'. ~ ~ 1~1~-hill L STATE OF G ~ ~ f c ~~ ~ SS. COUNTY OF r~.q ~ ~ The _foregoing insU~ument was acknowledged before of ~ ~~t%~r~-- _. 2009. My commission es~~ires: _~`( (.,~ ~C l BERRY CREEK ME'CROI'OLTTAN DISTRICT, by and through its BOARD OF DIRECTORS: TITLE: ~~~~!~~ ~~ COUNTY OF EAGLE, STATE OF COLORADO, by and through its BOARD OF COUNTY COMMISSIONER ._, ,~~j %/ , ~~ BYE='' ~ ~ ` _~ c~ ' ~:~ Chairman ~2f@!' F Runt p.+ pp } 1-. me by ~~ Gh P_n_ _, this~0 day /? } !. ~...-~~ ~. ~i.~1; 1.-c.c,2 J Notary Public CHERI L CURTIS Notary Pu-olic ~. State of Colorado ~', EXHIBIT "A" o a o 3 o c N d m 0 d L to ~?~ o vM ~ I I E. 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I ~= i~ , a i ~ / ~ 1 i~~ j i ~ %~~ i .$, ~ i i i yo / n ` ~~ _ ti~ i h~ / I I e I 1 1 y ~ ~; ~ hI \ O uo \ / ~ ~ 1 ~ ~~ ~ 1 3 ~9 I I ; 1 I ' ~n 1 z ~;~ ~ b~ i mIF i vi ~ ~ /~3 }i' 2 CI a ~-' "4 w8'G ~ ~ X ~~ Og E pp C ~ ~ i ~i ~ ` ; i o G /~ Z O 4NA.0 1 ~\ !~ ~ 1 I , - .~ " ~_ ~ _ . ~ ~ ~ ~ S ~ a - a d 6 ~_ -- - ab J' `` ..\ _ _______-_ .1d30 _________________ 03NJ15' ___ N38VIf1N NOI1d303N ' 30tld lV SA3A8f15 AVM jOlli018/SA3ANf1S ONtlI A1N000 3H1 10 N008 NI AlNO NOIltl%80dN1 80d "W' -` ltl'---OZ ~-- 10 Atld SIHl 031iSOd3C ~NOLLtl01dLL2J30 ONlll_ EXHIBIT B PROJECT NUMBER: IM 0702-265 TEMPORARY EASEMENT NUMBER: TE 100 PROJECT CODE: 15851 DATE: March 6, 2009 DESCRIPTION A Temporary Easement No. TE 100 of the Department of Transportation, State of Colorado, Project No. IM 0702-265 containing 4,746 sq. ft. (0.109 acres), situated in Tract B Berry Creek Ranch Subdivision recorded in the Eagle County Clerk and Recorder's Office as Corrected Final Plat Berry Creek Ranch Filing No. 1 at reception number 179045. Said Temporary Easement being in the NW1/4 of Section 4, Township 5 South, Range 82 West of the Sixth Principal Meridian, Eagle County, Colorado, and being more particularly described as follows: (The basis of bearing for this description is a bearing of N02°03'08"E between the west 1/4 corner of said Section 4, a 3" aluminum cap stamped "Alpine Eng" found in place, and the northwest corner of said section 4, a 1972 BLM brass cap found in place.) Commencing at the southwesterly corner of said Tract B; Thence N89°35'35"E a distance of 277.16 feet to a point on the northerly right-of--way of Beard Creek Road, the TRUE POINT OF BEGINNING; 1. Thence continuing along said northerly right-of-way S84°25'40"W a distance of 69.33 feet; 2. Thence leaving said northerly right-of--way N52°38'52"E a distance of 80.56 feet; 3. Thence N42°25'22"E a distance of 243.01 feet; 4. Thence S47°34'38"E a distance of 10.00 feet to a point on the northwesterly right-of--way of Berry Creek Road; 5. Thence S42°25'26"W along said northwesterly right-of--way a distance of 176.66 feet; 6. Thence continuing along said northwesterly right-of--way along the arc of a curve to the left having a radius of 135.00 feet and a central angle of 36°20'32", a distance of 85.63 feet (chord bears S24°15'06"W 84.20 feet); 7. Thence along the arc of anon-tangent curve to the right having a radius of 276.50 feet and a central angle of 03°03'01", a distance of 14.72 feet (chord bears S58°50'52"W 14.72 feet) to the TRUE POINT OF BEGINNING; The above described parcel containing 4,746 Sq. Ft [0.109 Acres), more or less. The purpose of the above described Temporary Easement is for a Temporary Construction Easement for a driveway reconstruction. High Country Engineering, Frank W. Harrington, P.L.S. 1517 Blake Avenue, Suite 10`V Glenwood Springs, CO 81601 ~~ ~pn~..F7F.Q/,S+/' ''t o~ 19598 ? ~ ~ ,~~. .a` ~t~=\~~•~ JP o ~UNAL LAND EXHIBIT C PROJECT NUMBER: IM 0702-265 TEMPORARY EASEMENT NUMBER: TE 101 PROJECT CODE: 15851 DATE: March 6, 2009 DESCRIPTION A Temporary Easement No. TE 101 of the Department of Transportation, State of Colorado, Project No. IM 0702-265 containing 2,271 sq. ft. (0.052 acres), situated in Tract A Berry Creek Ranch Subdivision recorded in the Eagle County Clerk and Recorder's Office as Corrected Final Plat Berry Creek Ranch Filing No. 1 at reception number 179045. Said Temporary Easement being in the NWl/4 of Section 4, Township 5 South, Range 82 West of the Sixth Principal Meridian, Eagle County, Colorado, and being more particularly described as follows: (The basis of bearing for this description is a bearing of N02°03'08"E between the west 1/4 corner of said Section 4, a 3" aluminum cap stamped "Alpine Eng" found in place, and the northwest corner of said Section 4, a 1972 BLM brass cap found in place.) Beginning at the southwesterly corner of Lot 97, Berry Creek Ranch Subdivision, the TRUE POINT OF BEGINNING; 1. Thence along the southwesterly boundary of said Tract A, along the arc of a curve to the left having a radius of 260.40 feet and a central angle of 9°02'48", a distance of 41.21 feet (chord bears N74°06'06"W 41.07 feet); 2. Thence leaving said southwesterly boundary of Tract A, N46°52'04"E a distance of 70.75 feet 3. Thence S40°20'49"E a distance of 16.53 feet; 4. Thence N49°39'11"E a distance of 28.00 feet; 5. Thence N40°20'49"W a distance of 9.17 feet; 6. Thence along the arc of anon-tangent curve to the right having a radius of 26.50 feet and a central angle of 38°46'21", a distance of 17.93 feet [chord bears S79°01'27"E 17.59 feet) to a point on the northerly boundary of said Lot 97; 7. Thence along said northerly boundary S38°53'41"W a distance of 88.39 feet to the TRUE POINT OF BEGINNING; The above described parcel containing 2,271 Sq. Ft. (0.052 Acres), more or less. The purpose of the above described Temporary easement is a Temporary Construction Easement for the Berry Creek Realignment. ~,r^~,~o RFC,s High Country Engineerin In~,Y S L•'s Frank W. Harrington, P.L ,. ~f od19~ ~ a ; o 1517 Blake Avenue, Suite ~ 0'~'•y~~~ ; <~ Glenwood Springs, CO 816 ``~~ ''••••••••••'' ~~,,~ ~~~~ 'V,1 L lA~~~~ ~,{~' EXHIBIT D PROJECT NUMBER: IM 0702-265 TEMPORARY EASEMENT NUMBER: TE 101A PROJECT CODE: 15851 DATE: March 6, 2009 A Temporary Easement No. TE 101A of the Department of Transportation, State of Colorado, Project No. IM 0702-265 containing 7,277 sq. ft. (0.167 acres), situated in Tract A Berry Creek Ranch Subdivision recorded in the Eagle County Clerk and Recorder's Office as Corrected Final Plat Berry Creek Ranch Filing No. 1 at reception number 179045. Said Temporary Easement being in the NW1/4 of Section 4, Township 5 South, Range 82 West of the Sixth Principal Meridian, Eagle County, Colorado, and being more particularly described as follows: [The basis of bearing for this description is a bearing of N02°03'08"E between the west 1/4 corner of said Section 4, a 3" aluminum cap stamped "Alpine Eng" found in place, and the northwest corner of said section 4, a 1972 BLM brass cap found in place.) Commencing at the southeasterly corner of Lot 97 Berry Creek Ranch Subdivision; Thence N09°04'45"E along a westerly boundary of said Tract A, a distance of 196.71 feet to the TRUE POINT OF BEGINNING; 1. Thence along said westerly boundary N09°04'45"E a distance of 153.19 feet; 2. Thence along the northerly boundary of said Tract A, N68°49'12W a distance of 67.12 feet; 3. Thence leaving said northerly boundary N39°10'50"E a distance of 51.37 feet to a point on the southwesterly right-of--way of Berry Creek Road; 4. Thence along said southwesterly right-of-way along the arc of anon-tangent curve to the right having a radius of 120.00 feet and a central angle of 67°54'50", a distance of 142.2.3 feet (chord bears S24°52'36"E 134.06 feet) to a point of tangency on the westerly right-of way of said Berry Creek Road; 5. Thence along said westerly right-of--way S09°04'45"W a distance of 14.53 feet; 6. Thence leaving said westerly right-of-way N84°45'56"W a distance of 22.15 feet; 7. Thence S05°14'04"W a distance of 24.22 feet; 8. Thence S84°45'56"E a distance of 20.52 feet to a point on said westerly right- of-way; 9. Thence along said westerly right-of--way S09°04'45"W a distance of 45.28 feet; 10. Thence continuing along said westerly right-of-way along the arc of a curve to the left having a radius of 302.36 feet and a central angle of 1°46'19", a distance of 9.35 feet (chord bears S08°11'33"W 9.35 feet); 11. Thence leaving said westerly right-of--way S87°41'57"W a distance of 35.86 feet to the TRUE POINT OF BEGINNING; The above described parcel containing 7,277 Sq. Ft (0.167 Acres), more or less. The purpose of the above described Temporary easement is a Temporary Construction Easement for the Berry Creek Realignment High Country Engineerin ` n`~ r z ~.~" Frank W. Harrington, P.L. ~~ ~95 98 ~ o 1517 Blake Avenue, Suite ~~ ~'Zt~o`~;:~,~, , Glenwood Springs, CO 8160 s,'••........••' ,~ °N~c cn~,o EXHIBIT E PROJECT NUMBER: IM 0702-265 TEMPORARY EASEMENT NUMBER: TE 102 PROJECT CODE: 15851 DATE: March 6, 2009 A Temporary Easement No. TE 102 of the Department of Transportation, State of Colorado, Project No. IM 0702-265 containing 6,453 sq. ft. (0.148 acres), situated in Lot 97 Berry Creek Ranch Subdivision recorded in the Eagle County Clerk and Recorder's Office as Corrected Final Plat Berry Creek Ranch Filing No. 1 at reception number 179045. Said Temporary Easement being inthe NW1/4 of Section 4, Township 5 South, Range 82 West of the Sixth Principal Meridian, Eagle County, Colorado, and being more particularly described as follows: (The basis of bearing for this description is a bearing of N02°03'08"E between the west 1/4 corner of said Section 4, a 3" aluminum cap stamped "Alpine Eng" found in place, and the northwest corner of said Section 4, a 1972 BLM brass cap found in place.) Commencing at the southwesterly corner of said Lot 97, the TRUE POINT OF BEGINN[NG; 1. Thence along the northwesterly boundary of said Lot 97, N38°53'41"E a distance of 88.39 feet; 2. Thence leaving said northwesterly boundary along the arc of a curve to the right having a radius of 26.50 feet and a central angle of 16°29'21", a distance of 7.63 feet (chord bears S51°23'36"E 7.60 feet); 3. Thence 543°08'56"E a distance of 12.61 feet; 4. Thence along the arc of a curve to the right having a radius of 114.50 feet and a central angle of 0°34'32", a distance of 1.15 feet (chord bears 542°51'39"E 1.15 feet); 5. Thence 559°56'35"W a distance of 4.10 feet; 6. Thence S30°03'25"E a distance of 49.63 feet; 7. Thence N59°56'35"E a distance of 6.15 feet; 8. Thence along the arc of anon-tangent curve to the right having a radius of 116.50 feet and a central angle of 34°37'39", a distance of 70.41 feet (chord bears S00°26'44"E 69.34 feet) to a point of compound curvature; 9. Thence along the arc of a compound curve to the right having a radius of 66.50 feet and a central angle of 10°46'11", a distance of 12.50 feet (chord bears S22°15'12"W 12.48 feet) to a point on the southwesterly boundary of said Lot 97; 10. Thence along said southwesterly boundary of Lot 97, along the arc of a non- tangent curve to the left having a radius of 167.30 feet and a central angle of 35°59'38", a distance of 105.10 feet (chord bears N51°35'12"W 103.38 feet); 11. Thence continuing along said southwesterly boundary N69°34'24"W a distance of 13.10 feet to the TRUE POINT OF BEGINNING; The above described parcel containing 6,453 Sq. Ft. (0.148 Acres), more or less. The purpose of the above described Temporary easement is a Temporary Construction Easement for the Berry Creek Realignment. ~ ~ ,,~ , ~ , ~'? Rte, rn,,~s'T'~'~ ti '~ ~ High Country Engineering, nc. ~ ~ 598 ~ : o Frank W. Harrington, P.L.S. d. ~~59 ~ ' ~ f 1517 Blake Avenue, Suite 1,F^'' ~'s'~'••.... ..•: ~~ Glenwood Springs, CO 81601~~~'nf,,,~~ ~.~~h~ EXHIBIT F PROJECT NUMBER: IM 0702-265 TEMPORARY EASEMENT NUMBER: TE 102A PROJECT CODE: 15851 DATE: March 6, 2009 DESCRIPTION A Temporary Easement No. TE 102A of the Department of Transportation, State of Colorado, Project No. IM 0702-265 containing 12,962 sq. ft (0.298 acres), situated in Lot 97 Berry Creek Ranch Subdivision recorded in the Eagle County Clerk and Recorder's Office as Corrected Final Plat Berry Creek Ranch Filing No. 1 at reception number 179045. Said Temporary Easement being in the NWl/4 of Section 4, Township 5 South, Range 82 West of the Sixth Principal Meridian, Eagle County, Colorado, and being more particularly described as follows: (The basis of bearing for this description is a bearing of N02°03'08"E between the west 1/4 corner of said Section 4, a 3" aluminum cap stamped "Alpine Eng" found in place, and the northwest corner of said Section 4, a 1972 BLM brass cap found in place.) Commencing at the southeasterly corner of said Lot 97; Thence N09°04'45"E along the easterly boundary of said Lot 97, a distance of 196.71 feet to the TRUE POINT OF BEGINNING; 1. Thence leaving said easterly boundary of Lot 97, S87°41'57"W a distance of 33.23 feet; 2. Thence along the arc of anon-tangent curve to the left having a radius of 396.50 feet and a central angle of 08°30'44", a distance of 58.91 feet (chord bears N18°22'11"W 58.85 feet); 3. Thence along the arc of a compound curve to the left having a radius of 222.50 feet and a central angle of 01°01'41", a distance of 3.99 feet (chord bears N23°08'24"W 3.99 feet); 4. Thence N59°56'35"E a distance of 12.78 feet; 5. Thence N30°03'25"W a distance of 49.63 feet; 6. Thence S59°56'35"W a distance of 7.75 feet; 7. Thence along the arc of anon-tangent curve to the left having a radius of 227.50 feet and a central angle of 06°49'48", a distance of 27.12 feet (chord bears N39°44'02"W 27.10 feet); 8. Thence N43°08'56"W a distance of 10.11 feet; 9. Thence along the arc of a curve to the right having a radius of 20.00 feet and a central angle of 90°00'00", a distance of 31.42 feet (chord bears N01°51'04"E 28.28 feet); 10. Thence N46°51'04"E a distance of 22.49 feet; 11. Thence S72°25'08"E a distance of 35.29 feet; 12. Thence N39°10'50"E a distance of 13.74 feet to a point on the northerly boundary of said Lot 97 13. ;Thence along said northerly boundary of Lot 97, S68°49'12"E a distance of 67.12 feet; 14. Thence along said easterly boundary of Lot 97, S09°04'45"W a distance of 153.19 feet to the TRUE POINT OF BEGINNING; The above described parcel containing 12,962 Sq. Ft (0.298 Acres), more or less. The purpose of the above described Temporary easement is a Temporary Construction Easement for the Berry Creek Realignment ~~L- lwl. High Country Engineering, Irk Frank W. Harrington, P.L.S. N 1517 Blake Avenue, Suite 10~ Glenwood Springs, CO 81601 ~,~~~ I~~if_C/ST~ 1;~, ~ . O O ,` Z '1 x.981 598 ~