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HomeMy WebLinkAboutC13-235 Mid Valley Metropolitan District Easement AgreementEagle County, CO 201316768 Teak J Simonton 08/16/2013 Pgs: 7 04:20:05 PM REC: $0.00 DOC: $0.00 EASEMENT AGREEMENT FOR SEWERLINE INSTALLATION THIS EASE ENT (hereinafter "Easement Agreement ") is made and entered into this !-3 day of 2013 by and between the Mid Valley Metropolitan District, a Title 32 Special District, ith principal offices at 0031 Duroux Lane, Suite A, Basalt, CO 81621 (hereinafter "MVMD "), 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 certain parcel of land located on the east side of the Blue Lake Subdivision in the Roaring Fork Valley portion of Eagle County, more particularly described as the Open Space parcel containing approximately 7.104 Acres, as shown on the Blue Lake Planned Unit Development, Filing, No. 1, recorded in the Office of the Eagle County Clerk and Recorders at Book 384, Page 161 (hereinafter "Subject Property "); and WHEREAS, pursuant to an Agreement of Dedication recorded in the Office of the Eagle County Clerk and Recorder at Reception Number 280467, the Subject Property was conveyed to the County by the Blue Lake Development Company to be used for public purposes and as a potential future school site; and WHEREAS, MVMD desires to construct a ten -inch sewerline through and along the southern boundary of the Subject Property as generally shown on Exhibit A attached hereto and incorporated herein by reference (the "Improvements "); and WHEREAS, the Roaring Fork Re -1 School District does not take exception to the proposed location of the Improvements, as indicated in the correspondence attached hereto as Exhibit B. WHEREAS, County is willing to grant a temporary construction easement for the purpose of constructing and installing the Improvements and upon completion of the Improvements, a non- exclusive perpetual easement for the purpose of maintaining, inspecting, repairing and replacing the Improvements, 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: A. EASEMENT GRANT: 1. Eagle County hereby grants and conveys to MVMD, its successors and assigns, a non- exclusive, temporary construction easement for the purpose of excavating for, constructing and installing the Improvements at the locations shown on Exhibit A attached hereto and incorporated herein by this reference (hereinafter, the "Construction Easement "). 2. Upon completion of construction, MVMD shall have an as -built survey prepared, together with a legal description of the proposed easement area to be granted to MVMD by the 1 County, which easement shall be 15 feet on each side of the center line of such as-built survey. MVMD shall submit such survey and legal description to the County for its review and approval. If not approved, the County and MVMD shall meet and confer to resolve any differences or concerns. Once approved, County will grant and convey to MVMD a non-exclusive, perpetual easement 30 feet in width,utilizing the legal description approved pursuant to this paragraph. 3. The Easement granted by this Easement Agreement is non-exclusive and subject only to the right of MVMD to use the same for the purposes herein granted and with the limitations herein provided, Eagle County reserves the right to use for itself and to grant to others rights over, under, across or through the easement area, provided that they do not damage or unreasonably interfere with the easement area or the Improvements. 4. 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. If for any reason and in Eagle County's sole discretion, it is determined that the Improvements need to be removed or relocated, then Eagle County will first confer with MVMD and if no other resolution can be reached, MVMD shall remove or relocate, or may cause a third-party to remove or relocate the Improvements to the satisfaction of and without expense to Eagle County. B. CONSTRUCTION AND MAINTENANCE OF IMPROVEMENTS: 1. MVMD will construct the Improvements in accordance with the plans and specifications prepared by SGM, Glenwood Springs, Co ("SGM Plans") and the requirements of the Eagle County Permit to Construct in the Public Way (Permit ROW 6-13-9091) and Eagle County Grading Permit (GRAD 6-13-9107). MVMD shall re-vegetate all disturbed areas in accordance with the SGM Plans for revegetation and guarantee such re-vegetation for two (2) growing seasons. MVMD shall utilize Best Management Practices for erosion control and dust mitigation during construction, in accordance with the SGM Plans. 2. Notwithstanding anything to the contrary herein, MVMD 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 functional condition. Eagle County shall have no obligations related to the construction or on-going maintenance or removal of the Improvements, financial or otherwise. 3. Upon completion of construction of the Improvements, MVMD shall deliver to County one (1) set of as-built plans prepared and certified by the engineer of record, along with one electronic copy(pdf). C. 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 2 understood that by executing this Easement Agreement, the parties commit themselves to perform pursuant to the terms and conditions contained herein. D. MISCELLANEOUS: 1. 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. 2. 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. 3. 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. 4. 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 prior agreements, discussions, negotiations, representations or understandings of the parties with respect to the subject matter contained herein. 5. 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. 6. The 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. 7. Each party shall insure themselves separately against liability, loss and damages arising out of the Permanent Easement. 8. To the extent allowed by law, MVMD shall indemnify the County against any claims made against the County arising out of MVMD's exercise of the easement rights provided herein. 9. 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 maybe amended. 3 10. 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. 11. 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. IN WITNESS WHEREOF, MVMD and EAGLE COUNTY have executed this Easement Agreement this , i ' ' day of ,2013. i3 ATTEST: MID VALLEY METROPOLITAN DISTRICT BY: -21Z-Z-/ BY TITLE f _ TITLE: fiXifri+ COUNTY OF EAGLE,STATE OF COLORADO, by and through its BOARD OF COUNTY COMMISSIONERS: oQ a f 4 ATTEST: •L.Rr' .4 ? Cler to the Board County Sara J.Fisher, airman Commissioners • 4 Exhibit A r ,,,.. 0 „.„, ill..„ ■ tri jar iito` \ - , , . „ - '4 iox. „... , , . ,t, , ,. „., - 4,. .,..,., . , 1 ' '1 ...•*. 4 • n I.. 1-..,., . .. ,,...'”' , . ... ,.,. 1 ec, . " ' \ ,.. \ , , ■._■ , \ A , . \ \ .\.' ' :),, \ ' ,, ,,. \).1,, \ \ \ ' 7.. 11..;o . \ . .\\,• .4 '' '' \ It . „. , , „ \ ' \ -,11-i----,N.,., 7.,.....--/ ,''''','''s . - ' .., ,, ,,,, V.'lc ,.,f \,,, .. ,'''',.‘..,, \ •, .,, . -: . ' . , .. 1-, tr, ,- . • .11 ' \ . ''','46.4' \ N ''''IN''NS\ . '4 \ ?..,„ \,. \ a, .. ...„ .. 0,0,' ilulik, CI ,..., . E . 4,.., .... , , . ”' S. , 5, 't Slit. 1 198101501C93 NKS 4 ' Of 1 00 ■C•.- 9 M S G . 200 Mid-Valley CtroonnDecistitornict ,Dx.le RM pE,.,,...,07 6120C 13 l hie. HIM 45 West Sixth Street,Suite 81601 Blue Lake Exhibit '--°' Gnle8nwood Springs,CO Osg8m16inc. Crawford Sewer---,..: 970 945 1004 www • Exhibit B - Page 1 of 2 00.0.+h o 44 EAGLE se + RE: MVMD - Crawford Sewer Connection - Blue Lake Park Shannon L. Pelland <pelland @rfsd.k12.co.us> Mon, Apr 29, 2013 at 4:51 PM To: Chris Lehrman <ChrisL @sgm-inc.com> Cc: breynolds @sopris.net, Greg Schroeder <Greg.Schroeder @eaglecounty.us> Chris- The information below was provided by the District's school architect. Based on his review, the District does not take exception to the location of the sewer line. Please let me know if you have any questions. Regards, Shannon Pelland Asst. Superintendent, Business Services Roaring Fork School District Re-1 Shannon: I reviewed the drawings entitled Mid-Valley Metro District, Crawford Sewer Connection which consists of 18 sheets marked "Preliminary-not for Construction", and dated March 2013. I also reviewed the Agreement of Dedication for the park parcel dated 25 April 1984. The following are my comments: 1. The easement is 30'wide and is adjacent to the JW Drive right of way. This location should not impede the future development of the school which assume would be east of, and adjacent to the park. 2. The depth of the sewer along the south property line of the future school site is approximately 8-10 feet. This depth is from the rim elevation to the invert (flow) elevation. Assuming the ground elevation is close to the rim elevation there should be adequate fall from a future building pad as long as the pad elevation is close to the road elevation. If you need anything further or have any questions please let me know. Thanks, Jim Cook AIA, LEED AP Principal LKA Partners, Inc. —Original Message-- From: Shannon L. Pelland [mailto:pelland @rfsd.k12.co.us] Sent: Wednesday, March 27, 2013 2:30 PM To: jimcook @Ikapartners.com Subject: Fwd: MVMD - Crawford Sewer Connection - Blue Lake Park Hi Jim- I am wondering if this is something you would have time to look at in the Exhibit B Page 2 of 2 next couple of weeks. Probably easiest to discuss by phone. You can ignore the attached agreement. The drawings are for a proposed sewer line on a piece of property that Eagle County holds on the District's behalf. We intend to acquire property contiguous with our parcel for an eventual elementary school (most likely). I just want to make sure that someone besides me is looking at this to say that the placement of the easement makes sense. Thanks, Shannon 5 attachments BSGM 118 W Sixth St, Suite 200 image001.jpg Glenwood Springs, CO 81 601 11K 970.384.9043 }' 970.379.9780 cell ,sgminc„crr image008.jpg 1K image009.jpg 1K image006.jpg NJ 1K image007.jpg 1K