HomeMy WebLinkAboutC11-074 Agreement to Grant Fence Easement b F
AGREEMENT TO GRANT FENCE EASEMENT
THIS AGREEMENT TO GRANT E EASEMENT (hereinafter referred to as
"Agreement ") is made this °Z$ day of 4 , 2011, by and between the County of Eagle,
State of Colorado, a body corporate and politic, its successors and assigns, whose address is c/o
Eagle County Attorney, P.O. Box 850, Eagle, CO 81631 (hereinafter referred to as "County ")
and Vail Valley Ranch, LLC, its successors and assigns, whose mailing address is 232 W.
Meadow Drive, Vail, Colorado 81657 (hereinafter referred to as "Vail Valley Ranch ").
RECITALS
1. Vail Valley Ranch owns property adjacent to the Eagle County Regional Airport
(hereinafter referred to as "Airport").
2. The County currently owns and maintains the Airport and attendant improvements
located adjacent to the Vail Valley Ranch property.
3. The County desires to replace, improve and enhance the security fencing around the
Airport, a portion of which will be on Vail Valley Ranch's property in an alignment depicted on
the attached Exhibit A (hereinafter referred to as the "Improvements ").
4. The Improvements necessitate the acquisition of an easement over 7,480.68 square feet of
Vail Valley Ranch land in a location identified in the attached Exhibit A.
5. Vail Valley Ranch is willing to grant the necessary easement 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 FENCE EASEMENT
WITNESSES, that for and in consideration of the sum of $37,403.40 and other good and
valuable consideration paid by the County to Vail Valley Ranch, the receipt of which is hereby
acknowledged, Vail Valley Ranch does hereby grant, convey and transfer unto the County, its
successors and assigns, a perpetual easement and right to construct, install, remove, replace, ,
maintain, repair, operate, change or alter a security fence; including but not limited to all
underground and surface appurtenances related thereto, necessary to accomplish the above - stated
fencing and airport operations (hereinafter "Fence Right -of- Way "), over, under and across the
properties specifically identified in red in the attached Exhibit A.
The rights granted in this Agreement shall be possessed and enjoyed by the County, its
successors and assigns, so long as the fencing constructed shall be maintained and operated by
the County, its successor 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 security fence over, under and across the easement, and,
to the extent allowed by law, shall hold harmless Vail Valley Ranch, its 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 this easement. Nothing herein shall be deemed a
waiver of any defense the County may have against a third -party claim arising under the
Colorado Governmental Immunity Act or other similar statutory provisions.
Vail Valley Ranch warrants that it has the lawful right to grant and convey the Fence
Right -of -Way and that it 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
Fence Right -of -Way.
MISCELLANEOUS PROVISIONS
This Agreement shall not affect any easements of record other than those set forth
herein.
All provisions of this Agreement, including the 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.
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 written above.
COUNTY OF EAGLE, STATE OF COLORADO,
By and Through Its BOARD OF COUNTY
COM SIONERS ,'
By:
r
J •if • vney, Chairman
ATTEST:
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.ab, ,..� .. �►. .wiI c o
er of the Bo r d of OL ORpp
County Commissioners
„Quo
VAIL VALLEY RANCH
By: i
Mery Lapin, Member
STATE OF COLORADO )
) ss.
COUNTY OF EAGLE )
The foregoing Agreement was subscribed and sworn to before me this S day of
February, 2011, by Mery Lapin.
WITNESS my hand and official seal.
(SEAL) ��--
Notary Public
0 .. . ',V.', My commission expires:
PUBLIC 40
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My Conn Expires fir. 8, 2012
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