HomeMy WebLinkAboutC11-083 Water Main Easement r .
WATER MAIN EASEMENT
This WATER MAIN EASEMENT (the "Easement ") is granted this
day of R_ 2011 by Eagle County, State of Colorado by and through its Board of
County Commissioners, a body corporate and politic whose legal address is 500
Broadway, P.O. Box 850, Eagle, CO 81631, as Grantor, and The Town of Gypsum,
whose legal address is 0050 Lundgren Boulevard, P.O. Box 130, Gypsum, CO 81637, as
Grantee.
RECITALS
WHEREAS, for purposes herein, Grantor is the owner of real property located in
Eagle County, Colorado known as the Eagle County Airport, ( "Airport") according to the
deed recorded in the real property records of Eagle County in Book 131, at Page 115
( "Grantor's Property "); and
WHEREAS, for purposes herein, Grantee has agreed to accept ownership of a
new water main ( "Water Main ") to be installed and constructed by G.H. Daniels, III
( "Daniels ") or such other person or entity as may be authorized by Grantee to service real
property located in Eagle County, Colorado known as Lots 1 through 7, G.H. Daniels
Subdivision, according to the Plat thereof recorded in the real property records of Eagle
County at Reception No. 907678 ( "Daniels' Property"), and such other properties as
Grantee may determine to serve from the Water Main; and
WHEREAS, the Water Main will be installed and constructed through a portion
of Grantor's Property, and the installation, construction, maintenance, and operation of
the Water Main requires an easement on, under, and across Grantor's Property; and
WHEREAS, Grantor anticipates tapping onto the Water Main to service future
development on Grantor's Property; and
WHEREAS, the Parties desire to create this Easement across Grantor's Property
for the installation, construction, maintenance, and operation of the Water Main.
NOW, THEREFORE, in consideration of the mutual benefits to be derived
thereby, and other good and valuable consideration, the Parties hereby agree:
1. Grant of Easement. Grantor hereby grants and conveys a perpetual, non -
• exclusive twenty -foot (20') wide easement for the purpose of excavating
for, constructing, installing, maintaining, inspecting, repairing, replacing,
operating, changing, altering, and removing an underground Water Main,
including all necessary facilities, utilities, manholes, and piping, upon, and
across Grantor's Property as more particularly described in Exhibit A,
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e PY;)
Water Main Legal Description, and Exhibit B, Water Main Alignment,
attached hereto and incorporated herein by reference.
TOGETHER with necessary and reasonable access for equipment and
personnel from Daniels' Property, Grantor's Property, and the adjacent
public rights -of -way and otherwise by such route as shall occasion the least
practicable damage and inconvenience to Grantor's Property and as may be
necessary to exercise, maintain, and repair the easement all subject to the
terms set forth herein.
2. Future Service to Grantor's Property. Grantor shall have the right to tap
onto the Water Main to service future development on Grantor's Property,
subject to 1) all tap and inspection fees as determined by the Gypsum
Municipal Code; and 2) Grantee having sufficient water system capacity to
serve Grantor at the time. In any case, use of Grantee's water system
capacity is on a "first come, first serve" basis throughout the Town of
Gypsum and sufficient capacity may not be available when building
permits are requested. For the purpose of this Easement, insufficient water
system capacity to serve Grantor's Property means insufficient system
capacity of any kind or nature, including but not limited to water, water
rights, treatment capacity, distribution capacity, and Water Main capacity.
Except for facilities used directly by Grantor or the Colorado Army
National Guard's High - Altitude Army Aviation Training Site such use of
the Water Main may also be subject to payment to Grantee for the benefit
of Daniels of a pro rata share of the actual design, construction, and
installation costs and expenses for the Water Main, as described in a Cost
Recovery Agreement which may be entered into between Grantee and
Daniels. Without limiting the entities to which such cost recovery
requirements shall apply if such Cost Recovery Agreement is entered into
by Grantee and Daniels, this provision shall specifically apply to lessees of
Grantor including those constructing or operating aircraft hangers and
terminal facilities.
3. Water Main Construction. Grantee has no obligation hereunder to
construct the Water Main. The Parties anticipate that the Water Main will
be constructed by Daniels or successors, assigns or heirs of the Daniels'
Property no later than December 31, 2015. If construction of a Water Main
has not commenced by October 1, 2015 then this Easement shall terminate
and shall be of no force and effect.
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A-2
4. Operations, Maintenance, and Repair Cost. Grantee shall operate,
maintain, repair, and replace the Water Main after the successful warranty
period has been completed. Prior to completion of the warranty period, the
Water Main shall be operated, maintained, repaired by the entity
constructing it. Grantee shall be responsible to ensure that the easement
area is maintained in a manner which will prevent erosion and damage to
the easement area. Grantee shall, substituting Daniels for Grantor, impose
and enforce upon Daniels' initial construction of the Water Main the
requirements of Exhibit C, attached hereto and incorporated herein.
5. Whenever, in the reasonable opinion of Grantor, the pipeline interferes with
its use of or operations on the premises, Grantor may, at its own expense
and risk and consistent with Gypsum Public Works standards, lower or
relocate and reconstruct the pipelines to the depth or along the route
specified by Grantor in the request. Grantee will cooperate in engineering
any such relocation. Upon a relocation affecting the legal description of the
easement, Grantor shall give written notice of the new location to Grantee
and record the revised description as an addendum to this Water Main
Easement. Grantor may modify the depth of the Water Main, upon
following the Water Main Modification Construction Procedures attached
hereto and incorporated herein as Exhibit C.
6. Grantor reserves the right to use and enjoy the easement property to the
fullest possible extent without unreasonable interference with the exercise
by Grantee of the rights granted herein. Grantor reserves the right to place
along, across and over the easement as many roads, streets, sidewalks,
passageways, electric lights and power lines, water lines, sewer lines, gas
lines, telephone poles, telephone lines and other utilities as grantor may
desire. However, the rights related to such utilities shall be subordinate to
the rights of Grantee granted herein. If any utility line is placed parallel to
the easement, these lines shall not be placed directly over any pipeline in
the easement.
7. The final grade of the surface in areas of the easement property in which
initial construction or reconstruction of a pipeline will take place shall be
the same as the grade in the easement area before any work begins. Grantee
shall in no circumstances alter the grade of the land surface, and any
temporary alteration necessary for pipeline construction or service shall be
promptly restored.
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III
8. The rights herein include the rights to install above - ground structures
appurtenant to the pipelines, provided that such structures shall be kept to a
minimum reasonably required for the operation and maintenance of the
pipeline; provided that fire hydrants may be located in the northeast corner
of the easement area as approved by the Grantor; and provided further that
above- ground structures within safety areas are frangible breakaway
fixtures and do not exceed a height of more than three inches (3 ") above the
surface grade, or such lesser height as may be required to conform to
Federal Aviation Administration rules and regulations applicable to the
Airport.
9. Any impacted concrete or asphalt shall be restored to at least a depth of
eight inches (8 ") if using concrete or twelve inches (12 ") if using asphalt
after compaction and rolling, with reinforcement, to an equivalent strength
of 4,000 PSI concrete, on 3/4" aggregate with slump of 3 or 4, air entrained.
If using asphalt, asphalt shall be applied in lifts not to exceed three inches
prior to compaction.
10. Access to the fenced areas of the Airport shall be limited to the times and
routes designated from time -to time by and at the sole discretion of the
Grantor. In all events, persons accessing such areas must comply with the
Airport Security Plan, Federal Aviation Administration security rules and
regulations, and such other Airport Rules and Regulations as may be
applicable to the Airport.
11. Emergency construction, reconstruction, replacement, removal, repair and
maintenance within the fenced areas of the Airport shall require prior notice
to the Airport Manager or his designee and coordination with the Grantor to
minimize the impact on Airport operations. Non - emergency construction,
reconstruction, replacement, removal, repair and maintenance within the
fenced areas of the Airport shall require at least 48 hours prior notice to the
Airport Manager or his designee, and shall be limited to off -peak air traffic
hours as designated from time to time by and at the sole discretion of the
County.
12. Access to the areas of the easement not within the fenced areas of the
Airport shall be at all reasonable times with a view to minimizing
interference with Airport operations and Airport customers.
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13. Grantee agrees that it shall maintain and use the easement granted by this
instrument in such a manner that the operation of it will not hinder or
prevent the proper and reasonable use and enjoyment of the property
through which the easement is granted.
14. Notices. Any notice to be given to any party pursuant to any provision of
this Easement shall be in writing and shall be: (i) hand delivered to such
party, or (ii) sent by telecopy to the telecopy number listed below, or (iii)
sent by federal express or other nationally recognized overnight courier
service to the address set forth below. If hand delivered, notice shall be
deemed received when delivered; if telecopied, notice shall be deemed
received upon confirmation of receipt; and if sent by Federal Express or
other nationally- recognized overnight carrier service, notice shall be
deemed received one business day after having been deposited with such
overnight courier service if designated for next day delivery addressed as
follows:
Grantor:
Eagle County Airport
Physical Address:
219 Eldon Wilson Road
Gypsum, CO 81637
Telecopy No.: (970) 328 -2687
Mailing Address:
Eagle County Airport
Post Office Box 850
Eagle, CO 81631
With a copy to: Eagle County Attorney
Eagle County
500 Broadway
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•
Post Office Box 850
Eagle, CO 81631
Telecopy No. (970) 328 -8699
Grantee:
Town Manager
Town of Gypsum
0050 Lundgren Boulevard
P.O. Box 130
Gypsum, CO 81637
Telecopy No.: (970) 524 -7522
15. Binding Effect. This easement and the rights provided herein are not
assignable by Gypsum except to a public entity in the event the water
system is transferred by Gypsum to such public entity. In such event,
Gypsum shall promptly give notice to County of the assignment. Without
limiting the provisions of the preceding sentence hereof, this Water Main
Easement shall inure to the benefit of and be binding upon the parties, their
heirs, devisees, successors, and assigns, and shall run with the Grantor's
Property.
16. Duly Authorized Signatories. By executing this Easement, the undersigned
each individually represent that he or she is duly authorized to execute and
deliver this Easement and that the subject Party shall be bound by the
signatory's execution of this Easement.
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EXECUTED as of the date first written above.
GRANTOR:
EAGLE COUNTY, COLORADO
By and Through its Board of County
Com ii • sioners
1 A
ilk fi _ / w -
J • . vney, Chairman
ATTEST:
o E "e
4 3 0 iimp ' 41 _ a._ I , / 4
Teak Simonton, Clerk to the Board or nv •
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GRANTEE:
TOWN OF GYPSUM
Steve Carver, Mayor
ATTEST:
Danette Schlegel, Town Clerk
After recording return to:
Town of Gypsum
P.O. Box 130
Gypsum, CO 81637
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EXHIBIT A
[Water Main Easement Legal Description]
EXHIBIT A
WATER MAIN EASEMENT LEGAL DESCRIPTION
(SHEET 1 OF 2)
A strip of land situate in Section 3, Township 5 South, Range 85
West of the Sixth P.M. being 20 feet in width and being 10.00
feet perpendicular and parallel to the following described
centerline, and also being a portion of the Eagle County Airport
parcel described in Book 131, Page 115 in the Office of the Eagle
County Clerk and Recorder, County of Eagle, State of Colorado,
said centerline thereof being more particularly described as
follows
Commencing at an angle point on said northern line of County
Airport parcel from which an angle point in said northern line
bears NOO °44'07 "E, 200.00 feet; thence upon said northern line
S89 °09 "E, 10.00 feet to the Point of Beginning;thence along
said centerline the following seven courses:
1) S 00 °44'07" W, 94.23 feet;
2) S 35 °35'36" W, 69.78 feet;
3) S 80 °37'02" W, 159.05 feet;
4) S 46 °50'36" W, 324.08 feet;
5) N 88°12'29" W, 1153.01 feet;
6) N 01 °51'57" E, 380.26 feet;
7) N 88°39'11" W, 18.04 feet; to the point of terminus, limits of
said strip of line extending to or terminating on the northern
line of said County Airport parcel at the point of beginning.
Containing 1.009 acres more or less.
Archibeque Land Consulting, Ltd NOTICE: According to Colorado law you MUST
•• Professional L and Surveying & Mapping commence any legal action based upon any
defect In this survey within three years after you
105 Capitol Street, Suite 5 - P.O. Box 3893 10-11-2010 first discovered such defect. In no event, may
Eagle, Colorado 81631 any action based upon any defect In this survey
DRAWN BY: JOB NUMBER: be commenced more than ten years from the
970.328.6020 Offlce 970.328.6021 Fax MS5 10137 J.t?7AL -Z.dorg date of certification shown hereon.
{00211258.DOC / 5} A -8
EXHIBIT B
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Archibeque Land Consulting, Ltd o loo 200 NOTICE: According to Colorado law you MUST
g, — I� commence any legal acton based upon any
- Professional Land Surveying & Mapping 1
defect in this survey within three years after you
105 Capitol Street, Suite 5 - P.O. Box 3893 1 inch = 200 feet first discovered such defect. In no event, may
Eagle, Colorado 81631 DRAWN BY: any action based upon any defect In this survey
: JOB NUMBER: be commenced nwre ten en than years from the
970.328.6020 Office 970.328.6021 Fax MSS 1041-10 10137.m^a r - drvg date of certification shown hereon.
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{00211258. DOC / 5} B-1
I
EXHIBIT C
WATER MAIN MODIFICATION
CONSTRUCTION PROCEDURES
1. Design Phase.
(a) Design Plans. Prior to commencing construction to modify the depth
of the Water Main, Grantor shall submit to Grantee for its approval detailed design plans,
stamped by a professional engineer registered in the State of Colorado.
(b) Design Standards. Construction related to modifying the depth of
the Water Main shall be in accordance with the submittal requirements generally
applicable to subdivision improvements throughout Grantee's jurisdiction, as specified in
the Gypsum Public Works Manual in effect at the time Grantee gives approval for
construction, except as such submittal requirements are expressly modified by this
Exhibit C.
(c) Approval of Design Plans. Grantee shall approve Grantor's stamped
plans or provide Grantor a written explanation of required changes in a timely fashion. In
the event any errors or omissions are discovered in the approved design plans, or in the
event any modifications need to be made for any other reason to the approved design
plans, Grantor shall submit to Grantee for approval a modified design plan stamped by a
registered professional engineer. Construction to modify the depth of the Water Main
shall not commence until Grantee has approved Grantor's design plans, or continue in
deviation from approved design plans unless Grantee has approved in writing modified
design plans.
(d) Safety Plan. Prior to construction of the Water Main, Grantor or its
contractor shall develop and provide for review and approval by the Eagle County
Airport Manager a Safety Plan prepared in conformance with the FAA Safety
Management System required for construction inside the Airport Operating Area
perimeter fence.
2. Public Improvement Installation Procedure. The following procedure shall
be followed regarding the modification of the depth of the Water Main:
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(a) Plan Submission. Grantor shall submit stamped, detailed design
plans to Grantee for approval as provided in this Exhibit C. Construction shall not begin
without Grantee's approval of detailed design plans.
(b) Pre - Construction Meeting. There shall be an on -site pre -
construction meeting between Grantor's engineer and construction manager, Grantee's
engineer and construction inspector, foremen from each general contractor and sub-
contractor, and Grantor's geotechnical engineer for the purpose of establishing
appropriate lines of communication and other necessary details of the construction.
(c) Geotechnical Engineer. Grantor must contract with a registered
geotechnical engineer to provide inspection, and testing if required, during the
construction process. Copies of all testing must be provided to Grantee. Grantor must
provide Grantee with written verification of compliance with all geotechnical
specifications.
(d) Notice of Commencement. Grantor shall give one (1) week notice
to Grantee in advance of beginning construction to modify the depth of the Water Main,
describing the time schedule for construction or installation.
(e) Stop Work. If Grantee determines that construction or installation is
not complying with approved plans, the Gypsum Public Works Manual or generally
accepted construction practices, Grantor shall stop work at Grantee's direction until
corrections are made. Should Grantor dispute Grantee's decision, it may appeal the
determination to Grantee's project engineer.
(0 Testing. Grantor shall perform testing and allow Grantee to inspect
construction or installation at times and frequencies determined necessary by Grantee in
its sole direction. Construction shall not proceed beyond required inspections or testing
unless approved by Grantee.
(g) Failed Tests. Grantor shall contact Grantee upon the failure of any
performance testing, and any time problems arise which may prevent construction or
installation in accordance with the approved plans.
(h) Covering Excavation. No excavation, facility or improvement,
including the Water Main, shall be covered until inspected by Grantee, or until such
inspection is waived in writing.
(i) Conveyance to Grantee. At the discretion of Grantee, the modified
Water Main shall be conveyed to Grantee by bill of sale, free and clear of any and all
liens and encumbrances.
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(j) Time for Completion. The required time for completion of the
modified Water Main shall be forty -five (45) days from commencement of construction.
If such construction is not completed within the required time, Grantee may use the
construction security to complete the construction.
3. As -Built Drawings. Grantor shall provide a reproducible mylar and
AutoCad file of the as -built survey of the modified Water Main, prepared by a
professional land surveyor showing horizontal and vertical locations. Such survey must
be completed prior to any back fill, and will constitute a condition precedent to the
release of any Construction Security.
4. Construction Security.
(a) Amount. Construction security shall be in the amount of one
hundred percent (100 %) of the Engineer's cost estimate submitted and approved as part
of the design plans.
(b) Release. As the modified Water Main is completed, inspected,
approved and conveyed to Grantee, the construction security shall be released.
5. Warranty.
(a) Warranty Period. The warranty period for the modified Water Main
shall commence on the date of final written acceptance or approval of the modified Water
Main and continue for three (3) years. Should Grantee, because of weather or otherwise
(i) be unable to make proper inspection of the modified Water Main to determine whether
any repairs and replacements are necessary prior to the expiration of the Warranty Period;
or (ii) fail to provide written acceptance or approval prior to the expiration of the
Warranty Period, then the Warranty Period shall be extended for such time as is
reasonably necessary to allow inspection and formal notice of acceptance or any needed
or necessary repairs and replacements. Notwithstanding any other provision of this
Agreement to the contrary, should final acceptance and approval of the modified Water
Main occur between August 1 and June 1, then the warranty period shall be extended to
June 2 following the otherwise applicable warranty period.
(b) Scope. For the full warranty period after Grantee's written final
acceptance and approval of the modified Water Main, Grantor shall warrant the
construction, installation, and survivability of the improvements, and at Grantor's sole
cost and expense make all needed and necessary repairs and replacements due to
defective materials, design or workmanship, breach of contract or failure to abide by the
submittal requirements or design plans or other approved plans or standards, but not
associated with ordinary and normal wear and tear. If after thirty (30) days from mailing
of a written notice to Grantor requesting repairs, which thirty (30) days shall be extended
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•
for weather conditions preventing such work, Grantor shall not have undertaken with due
diligence such maintenance or repairs, then Grantee may make the same at Grantor's
expense. In case of emergency, as determined in the sole discretion of Grantee, such
thirty (30) day period is waived.
(c) Warranty Security. At the time of final acceptance and approval of
the modified Water Main, Grantor shall post warranty security to secure such warranty
obligations. This obligation is separate from the Grantor's obligation under this Exhibit
C to post construction security. Such warranty security shall remain in place and be
available to Grantee through the full warranty period. The Warranty Security shall be in
an amount equal to 15% of the actual costs of modifying the Water Main, unless Grantee
determines in writing that a higher amount is necessary or a lower amount is adequate.
(d) Warranty Period for Repairs. In the event of any needed and
necessary repairs or replacements during the warranty period, the Grantor's warranty
obligations and full warranty period shall apply anew to the improvement or component
part thereof repaired or replaced commencing the day the repair or replacement is
accepted or approved by Grantee.
6. Form of Security. The construction and warranty security shall be in the
form of a letter of credit, cash or other financial security that is easily convertible into
cash in a form acceptable to Grantee.
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