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HomeMy WebLinkAboutC11-301 Berry Creek Metro District Easement Agreement EAGLE COUNTY. CO 201118010 TEAK J SIMONTON re: 4... Doc:I1: 0912812011 1111 1 111 111 0111111101111111111111 EASEMENT AGREEMENT FOR SIDEWALK IMPROVEMENTS S EASEMENT (hereinafter "Easement Agreement ") is made and entered into this day of, , 2011 by and between the Berry Creek Metropolitan District, a quaisi - municipal corporation and political subdivision of the State, acting by and through its Board of Directors (hereinafter "Berry Creek ") and Eagle County, Colorado, a body corporate and politic, by and through its Board of County Commissioners (hereinafter "Eagle County "). WITNESSETH: WHEREAS, Berry Creek owns Tract A and Tract C 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 Berry Creek Metropolitan District, Edwards Metropolitan District and Vail Valley Medical Center will construct sidewalk improvements on Berry Creek Road as further described by the project plans as shown by Exhibit "A" attached hereto and incorporated herein by this reference (hereinafter "Improvements "); and WHEREAS, these Improvements will provide an important public bicycle and pedestrian connection in the Edwards Area and improve safety of the Berry Creek Roads providing a benefit to Berry Creek and to the County as a whole; and WHEREAS, the Improvements will require construction on the Subject Property; and WHEREAS, Berry Creek is willing to grant Eagle County perpetual, non - exclusive easements for the purpose of installation, construction and maintenance of the Improvements on the Subject Property 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: EASEMENT GRANT: Berry Creek hereby grants and conveys to Eagle County, its successors and assigns, non- exclusive, perpetual easements for the purposed of excavating for, constructing, installing, changing, maintaining, inspecting, repairing, replacing Improvements over, on and across portions of the Subject Property at the locations shown on the right -of -way plan on Exhibit "A" and described by legal descriptions contained in Exhibits "B" through "C" attached hereto and incorporated herein by this reference (hereinafter, the "Permanent Easements "). Berry Creek reserves the right to authorize utility easements along, across, under and through the Permanent Easement and to install sidewalk landscaping, hardscape and entryway features subject to the Permanent Easement granted herein. The placement of the Improvements onto Berry Creek's property shall not constitute any relinquishment of Berry Creek's property rights whether through claims of adverse possession or any other means. CONSTRUCTION AND MAINTENANCE OF IMPROVEMENTS: Eagle County, Edwards Metropolitan District and the Vail Valley Medical Center have entered into an agreement to fund construction of the Improvements. Eagle County shall enter into a contract for construction of the Improvements and will be responsible for management of the construction. Notwithstanding anything to the contrary herein, Berry Creek will, at its sole expense, provide all maintenance necessary to repair any damage to or maintain the sidewalk portion of the Improvements in a safe and serviceable condition whether on Eagle County or Berry Creek property. Eagle County shall be solely responsible for repair of any damage to or maintenance of the curb and gutter and storm sewer constructed as part of the Improvements whether on Eagle County or Berry Creek property. After construction, Eagle County shall have no further obligations related to the sidewalk portion of the Improvements, financial or otherwise. ENFORCEMENT 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 this Easement Agreement, 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 Easement 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 Berry Creek and Eagle County and their respective successors and assigns, any right, 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 Permanent 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. 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. 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 term 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 d AGLE COUNTY have executed this Easement Agreement this (4 day of WilW , 2011. ATTEST: BERRY CREEK METROPOLITAN DISTRICT, by and through its BOARD OF DIRECTORS BY: BY: C. Yk �� Z TITLE: TITLE: C 1k-A 1 RwN A i'•I STATE OF ( oc.o e Abe, ) ) SS. COUNTY OF EAGLE ) The foregoing instrument was acknowledged before me by «\C k a' \ this Z (o4" day of A v G0 , 2011. My Commission expires: Z.- Z 3 13 Notary Public COUNTY OF EAGLE, STATE OF COLORADO, by and through its BOARD OF COUNTY COMMISS ONERS: gAGLe B • !" * BY: ILTA Clerk to the Boars of County C e ;"-' R . �� • • J .tavney, Cha CO ��. rrt.,•1 ., .... s. s... ' \ -,,,, — :•—• EXHIBIT A , — 4 1‘ \., s : • s'; o• -----'-------. -______ 1 ck, AA ' . \ Y \ \ ' ''', - ,, ...t. • ' E -,-------, ",-. -----,----, :"---,_ 4, ■■ g r A —A ‘„ — --..---,,,:, ... 1 -L --. , , , r-• i pi / -'''' :, •--.. A. . V,. i N', ■ — • - , . —‘ \ i . 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A -.0 (1 fc I-- ' 1 \' A \, : ' ', ..1 \ \ \'' ' :'',, T \ ' , A.„. a , \ \ ' \ ' ' - ,,,,. , \ k ; •• , , ' ca 1 _ ).\\ E l , LP A re z \ ,• v i 1 ui \ .1 ..-, . g CO 7,?•,,, , * , \_ . . . . . . . , , • , \ i ,s: gi , o .,- _______ .._,.,. ....... . • .,, . ----„, __. .__4_ . ti . , .9.A VI - 113 - N - kr'Z'W 1 \ ' , -.10.0 m _ .*---.-? -, trajr — , i • • „--_-_--.... k e I - ,,,- 1;.■ -7— I ir3 , 4/ t• ‘,.' ../ 1 1 g Ig. pg i/ -?y /----; / ii //, § A i / ; ni I b ; / //1 t ` g/ / c, / / ,/, . , LI ..‘„: , , ...... , , , .4.: / . . ,. .41a am. rroUris IWaLgsmaa..osValw. owaVaurant woo Am weVonmetnefaWs EXHIBIT B J Engineering Department Eagle County Phone: (970) 328 -3560 P.O. Box 850 FAX: (970) 328 -8789 7 ea. 500 Broadway www.eaglecounty.us Eagle, CO 81631 EAGLE COUNTY BEARD BERRY CREEK SIDEWALK EASEMENT -1 "TRACT C" August 3, 2011 A description of a sidewalk easement within "Tract C ", Berry Creek Ranch Filing NO. 1: For Eagle County. LEGAL DESCRIPTION A sidewalk easement located in "Tract C" in BERRY CREEK RANCH FILING NO. 1, a subdivision located in Section 4, T5S, R82W of the 6th P.M., recorded March 6, 1979, as Reception No. 179045 of the records of Eagle County, State of Colorado, according to the recorded plat thereof, described as follows: COMMENCING at the most Southerly Corner of Lot 50 of said BERRY CREEK RANCH FILING NO. 1, also being the Westerly Right -of -way of Hackamore Road from which the Southerly Line of said Lot 50 bears North 45 degrees 43 minutes 38 seconds West, 156.25 feet (Basis of Bearing); thence Southerly,• 35.96 feet along the arc of curve concave to the Southeast, and along the Westerly Right -of -way line of said Hackamore Road, said are having a radius of 150.17 feet, a central angle of 13 degrees 43 minutes 08 seconds, and being subtended by a chord that bears South 37 degrees 24 minutes 43 seconds West, 35.87 feet to the Northerly Right -of- way of Berry Creek Road; thence North 59 degrees 26 minutes 50 seconds West, 81.30 feet along the Northerly Right -of -way of said Berry Creek Road to a point of curve to the right; thence Northwesterly 84.91 feet along the arc of said curve along said Northerly Right- of-way to a point on said curve, said are having a radius of 232.36 feet, a central angle of 20 degrees 56 minutes 16 seconds, and being subtended by a chord that bears North 49 degrees 05 minutes 09 seconds West, 84.44 feet to the TRUE POINT OF BEGINNING; Thence Northwesterly 74.10 feet along the arc of said curve continuing along said Northerly Right -of -way to a point on said curve, said arc having a radius of 232.36 feet, a central angle of 18 degrees 16 minutes 16 seconds, and being subtended by a chord that bears North 29 degrees 28 minutes 53 seconds West, 73.78 feet; Thence leaving the Northerly Right -of -way line of said Berry Creek Road, South 45 degrees 07 minutes 32 seconds East, 73.32 feet; 2 Thence South 51 degrees 22 minutes 56 seconds West, 20.03 feet to the Northerly Right -of -way line of said Berry Creek Road to the TRUE POINT OF BEGINNING. Area = 874.59 square feet, more or less. SYlUUttt11j1 b Kelly L. Mi t � Colorado F - fessicrHnd Surveyor t�379 �5B s 500 Broadv"taa •Eagle, CO V 3 0850 s w Date: utlr,n!llfl '. Project: Berry Creek SIDEWALKLEGALI.DOC [EXHIBITC te Engineering Department ' N? Eagle County Phone: (970) 328 -3560 P.O. Box 850 FAX: (970) 328 - 8789. 500 Broadway www.eaglecounty.us Eagle, CO 81631 EAGLE COUNTY BEARD BERRY CREEK SIDEWALK EASEMENT -2 "TRACT C" August 3, 2011 A description of a sidewalk easement within "Tract C ", Berry Creek Ranch Filing NO. 1: For Eagle County. LEGAL DESCRIPTION A sidewalk easement located in Tract "C" in BERRY CREEK RANCH FILING NO. 1, a subdivision located in Section 4, T5S, R82W of the 6th P.M., recorded March 6, 1979, as Reception No. 179045 of the records of Eagle County, State of Colorado, according to the recorded plat thereof, described as follows: BEGINNING at the intersection of the Easterly Right -of -way line of Latigo Circle and the Northerly Right of way line of Berry Creek Road of Tract "C" said BERRY CREEK RANCH FILING NO. 1, from which the Easterly Right of way line of said Latigo Circle bears North 45 degrees 59 minutes 24 seconds East, 103.87 feet (Basis of Bearing); thence North 45 degrees 59 minutes 24 seconds East, 36.13 feet along the Easterly Right of way line of said Latigo Circle; Thence leaving the Easterly Right of way line of said Latigo Circle, South 09 degrees 13 minutes 21 seconds West, 54.12 feet to the Northerly Right of way of Berry Creek Road; Thence Northwesterly 33.24 feet along the arc of said curve concave to the Southwest along said Northerly Right -of -way to the Easterly Right -of -way line of Latigo Circle, said arc having a radius of 190.00 feet, a central angle of 10 degrees 01 minutes 20 seconds, and being subtended by a chord that bears North 31 degrees 26 minutes 11 seconds West, 33.19 feet to the POINT OF BEGINNING. Area = 569.12 square feet, more or less. , f 11111H1 /., 0 �J ► Y t 'ti V /� Kelly L. Ali •ti 4r Colorado 4 r�#'essickr ¢ e n d" ° Surveyor 1 s.379 500 Broadkat,'agle, CO 8 f1 0850 f 9 s/ • 1 Date: O �' to" Project. =rr itr111111 �u` Project: Berry Creek SIDEWALKLEGAL -2.DOC