HomeMy WebLinkAboutC10-156 Town of Eagle Utility Easement• •
UTILITY EASEMENT DEED
THIS DEED is executed this ~0 ' day of '1 , 2010, by the COUNTY
OF EAGLE, COLORADO, a Body Politic organized under nd existing by virtue of the laws of
the Sate of Colorado, whose address is P.O. Box 850, 500 Broadway, Eagle, Colorado 81631
("Grantor"), in favor of the TOWN OF EAGLE, COLORADO, a Colorado municipal
corporation, whose address is P.O. Box 609, Eagle, Colorado 81631 ("Grantee").
WHEREAS, Grantor is the owner of certain real property in the County of Eagle, State. of
Colorado, known as Lots 1 A and 1 B, Golden Eagle Elderly Housing, a resubdivision of a
subdivision of Lot 1, Block 1, The Bull Pasture, a subdivision located in Section 5, Township 5
South, Range 84 West of the 6th P.M., in the Town of Eagle, County of Eagle, State of Colorado
(the "Property"); and
WHEREAS, as a condition of receiving municipal water and wastewater collection and
treatment service from the Grantee, Grantor is required to convey to Grantee a necessary utility
easement; and
WHEREAS, Grantor desires to grant such a utility easement for the benefit of Grantee as
more fully described below in accordance with the terms and conditions of this Deed.
1. Grant of Utility Easement. Grantor, for and in consideration of ten dollars
($10.00) and other good and valuable consideration, hereby sells, grants and conveys to Grantee
a nonexclusive, permanent, perpetual easement over, through, under and across a portion of the
Property, in the location described on Exhibit "A", attached hereto and incorporated herein by
this reference, for the purpose of the installation, use, repair, replacement, improvement and
maintenance of buried water lines and pipes and wastewater collection lines and pipes and
structures and facilities related thereto, with all of their appurtenances, and warrants the title to
the same. Conveyance of the easement herein to Grantee precludes the installation by Grantor of
improvements, including but not limited to, trees, shrubs, rocks, the deposit of materials, or the
alteration of existing ground elevation, within the easement area which could in any manner
impair the Grantee's use of the easement granted herein. In the event Grantee is required to
disturb the surface of the easement for the purpose of the installation, repair, replacement,
improvement or maintenance of buried utility lines, structures and facilities related thereto,
Grantor shall be responsible for restoring the surface of the easement area to the same condition
that existed prior to the disturbance.
2. Covenants Running with the Land. The benefits and burdens of this conveyance
shall be appurtenant to Grantee's property associated with the provision of municipal water and
wastewater collection and treatment services and will run with the land and will bind and benefit
Grantor, Grantee, and their respective successors and assigns (including, without limitation, any
successor by foreclosure or deed in lieu thereof), so long as any such party owns an interest in
the Property.
3. Ownership and Maintenance of Facilities. Grantor agrees that all facilities
installed by Grantee within the above-described easement shall remain the property of Grantee,
County of Eagle/Town of Eagle
Easement Deed April 30, 2010
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unless otherwise provided by the Town of Eagle Municipal Code and regulations promulgated
thereunder. Grantee shall be responsible for the water and wastewater facilities unless otherwise
provided by the Town of Eagle Municipal Code and regulations promulgated thereunder.
4. Duration. The easement, rights and obligations set forth herein shall be perpetual.
5. If any clause or provision of this Deed is determined to be invalid, illegal or
unenforceable, the remainder of this Deed shall not be affected thereby, and in lieu of such
provision, there shall be added as part of this Deed a clause or provision as similar in terms to
such invalid, illegal or unenforceable clause or provision as may be possible and be valid, legal
and enforceable.
6. Governing Law. This Deed will be governed by and interpreted in accordance
with the laws of the State of Colorado.
GRANTOR:
ATTEST:
o`~
County Clerk a d Recorder
~~'- ~ 0
COUNTY OF EAGLE, COLORADO, a Body Politic
organized under and existing by virtue of the laws of the
State of Colorado, acting by and through its Board of
County Commissioners
~~
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ACCEPTED BY GRANTEE:
TOWN OF EAGLE, COLORADO, a Colorado municipal
corporation
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By: ~. --- ~~~
Ed Woodland, Mayor
ATTEST:
Marilene M. Miller, Town Clerk
County of Eagle/Town of Eagle
Easement Deed 2 April 30, 2010
•
STATE OF COLORADO )
ss.
COUNTY OF EAGLE )
The foregoing instrument was acknowledged before me this l ~%' day of
by ~-~~'~ as 1~~.,U('~Y1 C;%L~YI and
Witness my hand and official se 1. ~
My commission expires:
[SE L] D~~ORAH L CHURCHiL' ~-~~-~ ~~'~.~
Notary Public Notary Public
;~~ate of Colorado
9:... ,..
STATErt`"1`F'~~~1~"~"~w i~. ~~
ss.
COUNTY OF EAGLE )
The foregoing instrument was acknowledged before me this ~ ' day of
~% U N E ~or~, by Ed Woodland as Mayor, and Marilene M. Miller, Town Clerk, of the
Town of Eagle, Colorado, a Colorado municipal corporation.
Witness my hand and official seal.
My commission expires: ll- ~~-- ,~Ui
[SEAL]
O~•~Y.PVe
.~~~
~,. :,~
MARLENE M.
JOHNSON
County of Eagle/Town of Eagle
Easement Deed
Notary Public
3 Apri130,2010
•
EXHIBIT A
UTILITY EASEMENT LOCATION
A variable width water and sewer easement, located in Section 5, Township 5
South, Range 84 West of the 6t1i P.M., in the Town of Eagle, County of Eagle,
State of Colorado, being a portion of Lots 1 A & 1 B, GOLDEN EAGLE
ELDERLY HOUSING, a resubdivision of a subdivision of Lot 1, Block 1, THE
BULL PASTURE, a subdivision located in Section 5, Township 5 South, Range
84 West of the 6t1i P.M., in the Town of Eagle, County of Eagle, State of
Colorado, described as follows:
COMMENCING at most Westerly Corner of Lot lA, GOLDEN EAGLE
ELDERLY HOUSING, a resubdivision of a subdivision of Lot 1, Block 1, THE
BULL PASTURE, a subdivision located in Section 5, Township 5 South, Range
84 West of the 6t1i P.M., in the Town of Eagle, County of Eagle, State of
Colorado, according to the recorded plat thereof, from which the Westerly Line of
said Lot lA bears S18°34'31"E, 308.68 feet (Basis of Bearing); thence
S 18°34'31 "E, 273.47 feet and the TRUE POINT OF BEGINNING;
Thence N37°05'29"E, 68.65 feet to an angle point;
Thence NOS°35'41 "E, 19.02 feet to an angle point;
Thence N33°35'28"W, 36.56 feet to an angle point;
Thence N18°34'31 "W, 37.11 feet to an angle point;
Thence N08°26'42"E, 135.80 feet to the Southerly Line of Lot 1B of said
GOLDEN EAGLE ELDERLY HOUSING also being the Southwesterly corner of
an access and utility easement recorded in Rec. No. 316528 feet to an angle point;
Thence N32°59'49"E, 46.18 feet along the Westerly Line of said access and utility
easement as said Rec. No. 316528 to an angle point;
Thence N58°47'26"W, 31.71 feet leaving said Westerly Line of said access and
utility easement as said Rec. No. 316528 to an angle point;
Thence N31 ° 12'34"E, 20.00 feet to an angle point;
Thence S58°47'26"E, 32.34 feet to the Westerly Line of said access and utility
easement as said Rec. No. 316528 to an angle point;
Thence N32°59'49"E, 138.82 feet along the Westerly Line of said access and
utility easement as said Rec. No. 316528 to an angle point;
County of Eagle/Town of Eagle 4
Easement Deed April 30, 2010
Thence N73°21'49"W, 3.52 feet leaving said Westerly Line of said access and
utility easement as said Rec. No. 316528 to an angle point;
Thence N16°38'11 "E, 20.00 feet to an angle point;
Thence S73°21'49"E, 9.39 feet to the Westerly Line of said access and utility
easement as said Rec. No. 316528 to an angle point;
Thence N32°59'49"E, 49.70 feet along the Westerly Line of said access and utility
easement as said Rec. No. 316528 to an angle point;
Thence S89°27'00"W, 31.50 feet along the Southerly Line of said access and
utility easement as said Rec. No. 316528 to the Southeasterly Corner of Lot 1 C of
said GOLDEN EAGLE ELDERLY HOUSING to an angle point;
Thence N00°33'00"W, 58.96 feet along the Easterly Line of Lot 1C of said
GOLDEN EAGLE ELDERLY HOUSING also being the Westerly Line of said
access and utility easement as said Rec. No. 316528 to an angle point;
Thence N87°27'25"W, 12.53 feet leaving said Westerly Line of said access and
utility easement as said Rec. No. 316528 to an angle point;
Thence N02°32'35"E, 20.00 feet to an angle point;
Thence S87°27'25"E, 11.45 feet to the Easterly Line of Lot 1C of said GOLDEN
EAGLE ELDERLY HOUSING also being Westerly Line of said access and
utility easement as said Rec. No. 316528 to an angle point;
Thence N00°33'00"W, 29.01 feet along the Easterly Line of Lot 1C of said
GOLDEN EAGLE ELDERLY HOUSING to the Northeasterly Corner thereof,
also being the Westerly Line of said access and utility easement as said Rec. No.
316528 to an angle point;
Thence N89°27'00"E, 56.67 feet along the Northerly Line of said access and
utility easement as said Rec. No. 316528 to an angle point;
Thence N00°33'00"W, 21.02 feet along the Westerly Line of said access and
utility easement as said Rec. No. 316528 to an angle point;
Thence S87°19'07"W, 22.05 feet leaving said Westerly Line of said access and
utility easement as said Rec. No. 316528 to an angle point;
Thence N02°40'53"W, 20.00 feet to an angle point;
County of Eagle/Town of Eagle 5
Easement Deed April 30, 2010
Thence N87°19'07"E, 22.79 feet to the Westerly Line of said access and utility
easement as said Rec. No. 316528 to an angle point;
Thence N00°33'00"W, 23.96 feet along the Westerly Line of said access and
utility easement as said Rec. No. 316528 to the Southeasterly Corner Lot 63, a
subdivision of Lot 1, Block 1, THE BULL PASTURE, a subdivision located in
Section 5, Township 5 South, Range 84 West of the 6th P.M., in the Town of
Eagle, County of Eagle, State of Colorado, as recorded in Rec. No. 209659
according to the recorded plat thereof, to an angle point;
Thence N00°33'00"W, 105.00 feet along the Easterly Line of said Lot 63 as in
said Rec. No. 209659 to the Northeasterly Corner thereof, also being the
Northwesterly Corner of said access and utility easement as said Rec. No. 316528
to an angle point;
Thence N89°27'00"E, 60.78 feet along the Northerly Line of said access and
utility easement as said Rec. No. 316528 to the Northeasterly Corner thereof, also
being the Northwesterly Corner of Lot 64 of said Lot 1, Block 1, THE BULL
PASTURE, as recorded in Rec. No. 209659 to an angle point;
Thence S14°34'26"W, 38.33 feet along the Westerly Line of said Lot 64 as in said
Rec. No. 209659 to an angle point;
Thence S00°33'00"E, 63.00 feet along the Westerly Line of said Lot 64 as in said
Rec. No. 209659 to the Southwesterly Corner thereof to an angle point;
Thence S86°27'52"E, 9.44 feet along the Southerly Line of said Lot 64 as in said
Rec. No. 209659 to the Northeasterly Corner of a 20 foot wide water line
easement, as recorded in Rec. No. 316528 to an angle point;
Thence SO1 ° 16'02 "E, 113.82 feet along said Easterly Line of said 20 foot wide
water line easement as in said Rec. No. 316528 to an angle point;
Thence N83°45'04"E, 99.13 feet leaving said Easterly Line of said 20 foot wide
water line easement as in said Rec. No. 316828 to an angle point;
Thence S06°14'56"E, 20.00 feet to an angle point;
Thence S83°45'04"W, 100.87 feet to said Easterly Line of said 20 foot wide water
line easement as in said Rec. No. 316528 to an angle point;
Thence SO1 ° 16'02 "E, 67.11 feet along said Easterly Line of said 20 foot wide
water line easement as in said Rec. No. 316528 to an angle point;
County of Eagle/Town of Eagle 6
Easement Deed April 30, 2010
• •
Thence 535°05'41 "E, 68.56 feet along said Easterly Line of said 20 foot wide
water line easement to the Westerly Line of a 25' building setback and utility
easement as in said Rec. No. 316528 to an angle point;
Thence 535°33'32"W, 21.20 feet along said Westerly Line of a 25' building
setback and utility easement as in said Rec. No. 316528 to the Westerly Line of
said 20 foot wide water line easement of an angle point;
Thence N35°05'42"W, 81.66 feet along said Westerly Line of said 20 foot wide
water line easement to the Easterly Line of said access and utility easement as in
said Rec. No. 316528 to an angle point;
Thence 572°28'58"W, 43.89 feet leaving said Westerly Line of said 20 foot wide
water line easement along the Easterly Line of said access and utility easement as
said Rec. No. 316528 to an angle point;
Thence 535°23'38"W, 5.69 feet leaving said Easterly Line of said access and
utility easement as said Rec. No. 316528 to an angle point;
Thence 554°36'22"E, 13.99 feet to an angle point;
Thence 535°23'38"W, 20.00 feet to an angle point;
Thence N54°36'22"W, 13.99 feet to an angle point;
Thence 535°23'38"W, 54.60 feet to the Easterly Line of said access and utility
easement as said Rec. No. 316528 to an angle point;
Thence 523°42'00"W, 40.70 feet along the Easterly Line of said access and utility
easement as said Rec. No. 316528 to an angle point;
Thence 535°33'32"W, 23.00 feet along the Easterly Line of said access and utility
easement as said Rec. No. 316528 to an angle point;
Thence 554°37'28"E, 29.26 feet leaving said Easterly Line of said access and
utility easement as said Rec. No. 316528 to an angle point;
Thence 535°22'32"W, 20.00 feet to an angle point;
Thence N54°37'28"W, 29.32 feet to the Easterly Line of said access and utility
easement as said Rec. No. 316528 to an angle point;
Thence 535°33'32"W, 21.62 feet along the Easterly Line of said access and utility
easement as said Rec. No. 316528 to an angle point;
County of Eagle/Town of Eagle ']
Easement Deed April 30, 2010
•
Thence S54°36'22"E, 11,58 feet leaving said Easterly Line of said access and
utility easement as said Rec. No. 316528 to an angle point;
Thence S35°23'38"W, 20.00 feet to an angle point;
Thence N54°36'22"W, 11.64 feet to the Easterly Line of said access and utility
easement as said Rec. No. 316528 to an angle point;
Thence S35°33'32"W, 41.84 feet along the Easterly Line of said access and utility
easement as said Rec. No. 316528 to an angle point;'
Thence S81°21'06"E, 6.27 feet leaving said Easterly Line of said access and
utility easement as said Rec. No. 316528 to an angle point;
Thence S08°38'54"W, 20.00 feet to an angle point;
Thence N81 °21'06"W, 17.45 feet to an angle point;
Thence S08°38'54"W, 117.64 feet to an angle point;
Thence S35°33'32"W, 9.79 feet to an angle point;
Thence S54°26'28"E, 15.39 feet to an angle point;
Thence S33°35'28"E, 31.77 feet to an angle point;
Thence SOS°35'41 "W, 31.77 feet to an angle point;
Thence S37°05'29"W, 25.28 feet to an angle point;
Thence S52°54'31 "E, 28.43 feet to an angle point;
Thence S37°05'29"W, 20.00 feet to an angle point;
Thence N52°54'31 "W, 28.43 feet to an angle point;
Thence S37°05'29"W, 42.67 feet to the Westerly Line of said Lot lA to an angle
point;
Thence N18°34'31"W, 24.22 feet along the Westerly Line of said Lot lA to the
TRUE POINT OF BEGINNING.
Area = 51,159 square feet (1.17 acres), more or less.
County of Eagle/Town of Eagle 8
Easement Deed April 30, 2010
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