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HomeMy WebLinkAboutC13-265 Upper Eagle Regional Water Authority Easement AgreementEagle County, CO Teak J Simonton Pgs: 5 REC: $0.00 DOC: $0.00 WATER EASEMENT 201319954 10/01/2013 04:47:54 PM THIS EASEMENT is made this t 6 7�;,_ day o , 2013, between EAGLE COUNTY, Colorado, a body corporate and politic, by and through its Board of County Commissioners (hereinafter "Eagle County ") and UPPER EAGLE REGIONAL WATER AUTHORITY, a political subdivision of the State of Colorado within the County of Eagle, (hereinafter "Authority "). WITNESSETH: Eagle County is the fee owner of certain real property commonly knows as Freedom Park in unincorporated area of Eagle County known as Edwards (hereinafter "Property") which is a part of the property commonly known as Freedom Park in the unincorporated area of Eagle County known as Edwards. The Authority is desirous of accepting an Easement on the Property under the terms, conditions and agreements hereof. Eagle County, in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby confessed and acknowledged, hereby grants unto the Authority, its successors and assigns, a perpetual, non - exclusive easement and right to construct, install, remove, replace, add to, maintain, repair, operate, change or alter underground water lines (hereinafter "Improvements "), to have and to hold the same, together with all and singular the appurtenances and privileges thereunto belonging or in any way thereunto appertaining, to the proper use and benefit of the Authority, and its successors and assigns, forever, subject only to the terms hereof, in a location shown on the attached Exhibit "A ", attached hereto and incorporated herein by reference. The rights herein include the right to install above - ground structures appurtenant to the water lines, provided that such structures shall be kept to a minimum reasonably required for the operation and maintenance of the pipelines and further provided that any above - ground structures have been approved by Eagle County. The Authority shall construct, maintain, repair and replace, in a manner and by means in accordance with its exclusive judgment, all such improvements at its own expense. The Authority shall be fully liable for all injuries to persons or damage to property resulting from the construction, installation, removal, replacement, addition, maintenance, repair, operation, change or alteration of the Improvements, and shall hold harmless Eagle County and its commissioners, boards, employees, agents and insurers, from any and all claims, suits, costs, losses and expenses that may in any manner result from or arise out of the uses herein; provided that the Authority does not hereby waive the immunities and limitations provided under the Governmental Immunity Act. The rights granted in this Agreement shall be possessed and enjoyed by the Authority, its successors and assigns, so long as the Improvements constructed shall be maintained and 1 operated by the Authority, its successors or assigns. At such time as the purpose for which this easement was originally granted is no longer necessary for any reason, the Authority or Eagle County may request dissolution of this Easement. Such dissolution must be in writing and will not be unreasonably withheld by Eagle County or the Authority. Following the completion of the purpose of any entry by the Authority upon such easement for any of the aforesaid objects, the Authority shall restore the premises to substantially the same condition existing at the time of the entry thereon. Eagle County reserves the right to use and enjoy the premises to the fullest possible extent without unreasonable interference with the exercise by the Authority of the right granted in this Agreement. The Easement granted by this agreement is non-exclusive and Eagle County reserves the right to use for itself the Easement herein granted, provided that the use does not unreasonably interfere with the Authority's uses granted herein. Eagle County may, by way of example and not limitation, landscape the Easement subject only to the Authority's right to use the same for the purposes herein granted and in a manner that would not unduly burden the Authority in the performance of future use of the Easement. This Easement is granted subject to prior,recorded grants of easements. After the date hereof, Eagle County shall not make or authorize any use of the Easement which is inconsistent with or interferes with the use authorized herein. This Easement covers all of the agreements between the parties and no representations or statements, verbal or written,have been made modifying, adding to, or changing the terms of this Easement. This Easement and all provisions hereof shall inure the e benefit of and be binding upon the p g p parties, their successors and assigns. / REMAINDER OF PAGE INTENTIONALLY LEFT BLANK // 2 IN WITNESS VitIXREOF, EAGLE COUNTY and the AUTHORITY have executed this - Easement this day of a P�� 2013. ATTEST: COUNTY OF EAGLE, STATE OF COLORADO, by and through its BOARD OF COUNTY COMMISSIONERS: of ;c°� BY: QlL�t... ��. Clerk to the Board •'County o Poo Sara J. Fisher, C irman tY cott_ , Commissioners UPPER EAGLE REGIONAL WATER AUTHORITY,by and through its BOARD OF DIRECTORS: BY: EsAq- BY: �� •e TITLE: � vku� S N� TITLE• ___ca!t d STATE OF 0-v1 orado ) ) SS. COUNTY OF The foregoing instrument was acknowledged before me by (,..i f)h rtz , this . 5 day of Ts4- , 2013. My commission expires: 67adi dOl if Notary Public 3 E EXHIBIT"A" LEGAL DESCRIPTION A PARCEL OF LAND LOCATED WITHIN TRACT C,BERRY CREEK/M]LLER RANCH PLANNED UNIT DEVELOPMENT ACCORDING TO THE PLAT THEREOF RECORDED AT RECEPTION No. 799649 FILED IN THE EAGLE COUNTY CLERK AND RECORDER'S OFFICE,EAGLE COUNTY, COLORADO,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID TRACT C,THENCE N 51°06'06"E ALONG THE NORTH LINE OF SAID TRACT C A DISTANCE OF 23.07FEET TO THE TRUE POINT OF BEGINNINGS THENCE CONTINUING N 51°06'06"E ALONG SAID NORTH LINE OF SAID TRACT C A DISTANCE OF 20.13 FEET;THENCE DEPARTING SAID NORTH LINE THE FOLLOWING EIGHT (8)COURSES: 1) S 32°17'31"E A DISTANCE OF 97.76 FEET; 2) S 42°40'08"E A DISTANCE OF 126.07 FEET; 3) S 40°42'11"W A DISTANCE OF 9.56 FEET; 4) S 49°17'49"E A DISTANCE OF 104.42 FEET; 5) S 40°47143"W A DISTANCE OF 12.66 FEET; 6) N 50°31'26"W A DISTANCE OF 66.75 FEET; 7) N 42°57'30"W A DISTANCE OF 168.06 FEET; 8) N 32°1731"W A DISTANCE OF 97.24 FEET TO A POINT ON THE NORTH LINE OF SAID TRACT C ALSO BEING THE TRUE POINT OF BEGINNING. 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