No preview available
HomeMy WebLinkAboutC13-187 Easement agreement for sidewalk improvements town of basalt Eagle County,CO 201314190 Teak J Simonton 07/1112013 Pgs: 6 04:05:05 PM • REC: $0.00 DOC:$0.00 • EASEMENT AGREEMENT FOR SIDEWALK IMPROVEMENTS THIS 'S , NT (hereinafter"Easement Agreement") is made and entered into this day o , , 2013 by and between the Town of Basalt, a home rule municipal corpora to crep ed, established, and organized under the provisions of Article XX of the ' Consti ion of he State of Colorado and the home rule charter of the Town, with principal offices at 101 Midland Avenue, Basalt, CO 81621 (hereinafter the"Town"), and Eagle County, Colorado,a body corporate and politic,by and through its Board of County Commissioners with an address of Post Office Box 850, 500 Broadway, Eagle, Colorado 81631 (hereinafter "Eagle County"). WITNESSETH: WHEREAS,Eagle.County owns a fifty foot (50') Right of Way for Sopris Village Drive as shown on the Center Valley Subdivision Plat,recorded as Reception number 116995 in the Eagle County Clerk and Recorder's Office(hereinafter"Subject Property");and WHEREAS, The Roaring Fork Transportation Authority (hereinafter "RFTA") are the fee simple owners of Parcel 2B and 2C, as shown on the 3rd Amended Plat of Old Orchard Plaza, recorded as Reception number 201213220 in the Eagle County Clerk and Recorder's Office (hereinafter"RFTA Parcels");and WHEREAS,in 2010,the Town constructed a sidewalk ten feet(10') in width within the Subject • Property, under Eagle County Public Way Permit number ROW-5-10-4610 and Eagle County' desires to grant the Town an easement for its sidewalk on the terms and conditions herein;and WHEREAS,the sidewalk constructed under Eagle County Public Way Permit number ROW-5- 10-4610 terminated at a point that crosses Sopris Village Drive and connects to the sidewalk and trail network on the Eagle County Crown Mountain Parcel on the west side of Sopris Village Drive;and WHEREAS, RFTA is constructing a Park and Ride facility on the RFTA Parcels for their Bus Rapid Transit project;and • WHEREAS, RFTA as part of its Bus Rapid Transit project desires to extend the sidewalk (pursuant to Eagle.County Public Way Permit number ROW-5-13-9056)to the north on the east side of Sopris Village Drive as further described by the Sidewalk Location Plan as shown by Exhibit "A" attached hereto and incorporated herein by this reference which exhibit illustrates both the sidewalk previously constructed in 2010 and the sidewalk to be constructed and related appurtenances(hereinafter collectively the"Improvements");and WHEREAS, the Town will contract and coordinate with RFTA for construction of the Improvements within the Permanent Easement (defined below) in accordance with the requirements of Eagle County Public Way Permit number ROW-5-13-9056. • t . WHEREAS, these Improvements will provide important public bicycle and pedestrian connections for the El Jebel area and also will provide connectivity for the RFTA Park and Ride facility, providing a benefit to the Town and to Eagle County as a whole; and WHEREAS, to fully install the Improvements will require construction as well as maintenance and repair on the Subject Property; and WHEREAS, Eagle County is willing to grant the Town a perpetual, non - exclusive easement for the purpose of installation, construction and maintenance of the Improvements on the Subject Property pursuant to the terms and conditions of this Easement Agreement. NOW, THEREFORE, in consideration of the terms and covenants stated herein, the sufficiency of which is hereby acknowledged, the parties agree as follows: EASEMENT GRANT: Eagle County hereby grants and conveys to the Town, its successors and assigns, a non- exclusive, perpetual easement for the purpose of excavating for, constructing, installing, maintaining, inspecting, repairing, replacing the Improvements, which Improvements shall be no more than ten feet (10') in width, over, on and across portions of the Subject Property at the locations shown on the Sidewalk Location Plan on Exhibit. "A" attached hereto and incorporated herein by this reference (hereinafter, the "Permanent Easement "). As built plans for the Improvements shall be provided to and maintained by Eagle County as part of its right of way permit files. The Permanent Easement granted by this Easement Agreement is non - exclusive and Eagle County reserves the right to use for itself and to grant to others rights over, under, across or through the Permanent Easement, provided that they do not damage or unreasonably interfere with the Permanent Easement or the Improvements. Notwithstanding the foregoing, Eagle County reserves the right to place along, across, under, over and through the Permanent Easement as many electric lines, power lines, waterlines, sewer lines, gas lines, telephone lines and other utilities as Eagle County may deem necessary, as well as landscape improvements such as plant materials, grasses, trees, entry features, street - scape, and hard -scape subject only to the right of the Town to use the same for the purposes herein granted. The placement of the Improvements onto Eagle County's Subject Property shall not constitute any relinquishment of Eagle County's property rights whether through claims of adverse possession or any other means. The parties acknowledge that future improvements may occur to the intersection depicted on Exhibit A. If, as a result of such future improvements, or if for any reason and in Eagle County's sole discretion, it is determined that the Improvements need to be removed or relocated, then the Town shall promptly remove or relocate, or may cause a third - party, including but not limited to RFTA, to remove or relocate, the Improvements to the satisfaction of and without expense to Eagle County. The Town acknowledges that it has the sole responsibility to independently remove and relocate the Improvements or cause a third party to accomplish the same and Eagle County shall have no responsibility therefor. CONSTRUCTION AND MAINTENANCE OF IMPROVEMENTS: The Town agrees that it will be solely responsible for coordinating with RFTA who will fund construction of the Improvements. Construction of the Improvements shall occur within the parameters established for the Permanent Easement set forth above and in accordance with the requirements of Eagle County Right of Way Permit 5 -13 -9056. Notwithstanding anything to the contrary herein, the Town will, at its sole expense, provide all maintenance necessary to repair any damage to and shall at all times maintain all aspects of the Improvements in a safe and serviceable condition including snow removal whether on Eagle County, RFTA, or the Town property. The Town agrees that due to the sidewalk Improvements being adjacent to the roadway, that they will remove any snow that is plowed onto the sidewalks by Eagle County plowing equipment and dispose of it outside of the Subject Property within a reasonable timeframe, and take prudent care to not return the snow to the roadway. Eagle County shall have no obligations related to the construction or on -going maintenance or removal of the Improvements, financial or otherwise. ENFORCEMENT REMEDIES: The parties 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, the parties commit themselves to perform pursuant to the terms and conditions contained herein. 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 the parties 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 the parties 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 the parties. This Easement Agreement represents the full and complete understanding of the parties and supersedes any 3 prior agreements, discussions, negotiations, representations or understandings of the parties 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. The Permanent Easement is granted subject to prior grants of easements and other ownership interests of record. The County makes no warranties as to the title of the easement conveyed. Each party shall insure themselves separately against liability, loss and damages arising out of the Permanent Easement. No party, 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 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 any party 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 and approval of this Easement Agreement. [rest of page intentionally left blank] IN WITNESS Agreement thi s ATT KIN W- F, THE TOWN and EAGLE COUNTY have executed this Easement day of 92013. f ATTEST: J � _` r V I v ClerT—tJ the Board Ut County Commissioners 5 11Clps 1"RE1]21- AMY\NY I: TITLE: 1 'If0 l COUNTY OF EAGLE, STATE OF COLORADO, by and through its BOARD OF COUNTY COMMISSIONERS: BY: 'a(j , / -�L Anh,� Sara J. Fisher, GLirman V `0 o Q: a m � a �m 1 ` Basalt Town 4 ` Limits Proposed Sidewalk (Permanent Easement) El Jebel Community Center \ I I I tJ I} I'} Sidewalk constructed in 2010 (Permanent Easement) Eagle County Crown Mountain Parcel I l Exhibit A Sidewalk Location Plan May 30, 2013 100 50 0 100 20 Feet 1 Inch = 100 Feet IN Lot 2C (RFTA Parcels) �Od ` a Lot 2B (RFTA Parcels)` s .o as } Revision History: 0 Thk maPwa cued try the EaJk Lwmb Eigkeebp DeWanxnt Ike of this nuPShwIG De 4n genml w��W M. Eage Cmmb arcs n<c me aawar a ma ara awam . EAGLE COUNTY EXHIBIT Vicinity Map N EXHIBIT Vicinity Map N