No preview available
HomeMy WebLinkAboutC14-209 Town of Eagle Easement Agreement Eagle County, CO 201409552 Teak J Simonton 06/10/2014 Pgs: 10 02:18:36 PM REC: $0.00 DOC: $0.00 EASEMENT AGREEL___ . _ THIS EASEMENT AGREEMENT (the"Agreement") is made as of the 4& day of Ott A9 , 2014 between Eagle County, Colorado, a body corporate and politic, with an address of 500 Broadway, Post Office Box 850, Eagle, CO 81631 ("Grantor" or"County") and the Town of Eagle, a Colorado municipal corporation("Grantee"or"Town"), whose address is 200 Broadway, Post Office Box 609, Eagle, CO 81631. Grantor and Grantee shall collectively be referred to as the"Parties". WITNESSETH: WHEREAS, County is fee owner of certain real property described on Exhibit A which is also known as 111 Violet Lane, County of Eagle, State of Colorado (the "Property"); and WHEREAS, the Town owns an adjacent parcel of land to the west of the Property generally known as 311 Violet Lane, County of Eagle, State of Colorado and is designing a lower basin water treatment plant and related improvements; and WHEREAS, in connection with the design of the lower basin water treatment plant, the Town desires to plan for and construct,maintain and operate a pumping pad and water intake structure and weir(hereinafter the "Improvements") on the Property to provide for the health, welfare and future water supply needs of the community; and WHEREAS, the Parties acknowledge that additional future permanent improvements will likely be necessary in association with the pumping pad ("Future Improvements"). Future Improvements may consist of such items as an above ground structure, pump, electrical power to the pumping pad at the pad location and a pipe and electrical connection from pumping pad to adjacent Town property. In the event Future Improvements are necessary, then the Parties shall work together in good faith and a timely manner to identify necessary improvements make them as unobtrusive to the open space character of the property as is reasonable, and incorporate them into an amendment to this easement in a mutually acceptable manner prior to locating the Future Improvements on the Property. `'.WHEREAS, County wishes to grant to Town, and Town wishes to obtain from County, an easement to allow access to and the location of the Improvements on the Property all in accordance with the terms and conditions of this Agreement. EASEMENT NOW, THEREFORE, in consideration of the foregoing premises and the following promises, the Parties hereto agree as follows: 1. Grant of Easement. County for good and valuable consideration, the sufficiency of which is hereby confessed and acknowledged, hereby grants to Town, its successors and assigns: (A) a non-exclusive,perpetual easement over, across and under that portion of the Property depicted in Exhibit B for the construction, installation,maintenance, repair, replacement and operation of an intake structure and weir"Town Intake Structure LA I Qc • Easement Area". The Town Intake Structure Easement Area shall not exceed an area 40 feet by 60 feet; and (B) a non-exclusive, perpetual easement over, across and under that portion of the Property depicted in Exhibit B for the construction, installation, maintenance, repair, replacement and operation of a pumping pad "Pumping Pad Easement Area". The Pumping Pad Easement Area shall not exceed an area 25 feet by 25 feet, not inclusive of any pipe and electrical connections to adjacent property. Notwithstanding the foregoing, the Parties acknowledge and agree that a pedestrian trail or road may be located on the Property in the future. Thus, the Town and County agree to discuss and confirm the location of the Pumping Pad Easement Area prior to the installation of any Improvements or Future Improvements in an effort to avoid conflict with future planning and development of the Property; and (C) a non-exclusive easement over and across only those portions of the Property necessary to access the Town Intake Structure Easement Area and Pumping Pad Easement Area and only for the construction, maintenance and operation of the Improvements. The Parties agree that the access granted by this paragraph 1(c) may be modified from time to time and shall in no event interfere with future improvements that may be located by County on the Property. The Parties shall work together in good faith to develop a mutually acceptable easement or easements prior to locating any Future Improvements associated with the Pumping Pad Easement Area on the Property. 2. Construction of Improvements. Town will obtain any necessary permits and will provide plans and specifications for the Improvements to the Eagle County Engineering Department for their review and approval prior to constructing the Improvements in accordance with the plans and specifications and within the Town Intake Structure Easement Area and Pumping Pad Easement Area. Town shall provide advance notice to County that it intends to commence construction of the Improvements and before operating any heavy machinery on the Property. In addition, Town shall alert the County within a reasonable time prior to active use of the Pumping Pad Easement Area. Town shall promptly restore the Property and shall reseed and stabilize all areas disturbed by the construction, installation, maintenance, operation, repair or replacement of the Improvements, including the use of temporary irrigation and/or erosion control blanket. 3. Maintenance. (a) 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 and Town Intake Structure Easement Area and Pumping Pad Easement Area in a safe and functional condition. County shall have no obligations related to the construction or on-going maintenance or removal of the Improvements, financial or otherwise. (b) Town acknowledges that the public may have access to the Property from time to time and will therefore, at its sole expense, install and maintain any necessary safety features which might include signage or the like within the Town Intake Structure Easement Area, Pumping Pad Easement Area, or when hoses are temporarily located on the Property in connection with the use of the Pumping Pad Easement Area, all as may be necessary to ensure the safety of the public. 4. As Built Plans and Survey. Town shall have an as built survey prepared, together with a legal description of the Town Intake Structure Easement Area and the Pumping Pad Easement • Area and shall submit the survey and legal description to the County for its review and approval. In the event any concerns or issues are identified during the review, the Parties shall meet and confer to resolve any differences. Once approved, such descriptions shall be included herein by an amendment to this Agreement and shall replace Exhibit B which exhibit presently reflects the approximate locations of the Town Intake Structure Easement Area and the Pumping Pad Easement Area. 5. County Reserved Rights. (a) The easement granted by this Agreement are non-exclusive and subject only to the right of the Town to use the same for the purposes herein granted and with the limitations herein provided, County reserves the right to use for itself and to grant to others rights over, under, across or through the Property, provided that they do not damage or unreasonably interfere with the Town Intake Structure Easement Area and the Pumping Pad Easement Area or the Improvements. (b)The placement of the Improvements onto the 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, it is determined that the Improvements need to be relocated, then the parties shall work together to locate another acceptable location for the Improvements. 6. Termination. In the event the Town does not construct the Improvements within ten (10) years from the date of this Agreement, then the Parties shall discuss whether the Agreement is necessary, and if mutually agreed, shall terminate this Agreement by separate writing recorded in the real property records of the Eagle County. 7. Enforcement. The Parties agree that the rights and obligations set forth in this 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 Agreement, the Parties commit themselves to perform pursuant to the terms and conditions contained herein. 8. Indemnification. To the extent allowed by law, Town shall indemnify the County against any claims made against the County arising out of Town's exercise of the easement rights provided herein. 9. Insurance. Each party shall insure themselves separately against liability, loss and damages arising out of the Agreement. 10. Notice. All notices or other communications made pursuant hereto shall be in writing and shall be deemed properly delivered, given or served (i) when personally delivered, or(ii) two (2) calendar days after being deposited in the United States mail, certified or registered,postage prepaid, return receipt requested, (iii) when delivered by FedEx or other comparable courier service, charges prepaid, to the parties at their respective addresses listed below their signatures, or(iv) when sent via facsimile so long as the sending party can provide a facsimile machine or other confirmation showing the date, time, and receiving facsimile number for the transmission. Either party may change its address for the purposes of this paragraph by giving five(5) days prior written notice of such change to the other party. GRANTEE: Town of Eagle Attn: Town Manager 200 Broadway Post Office Box 609 Eagle, CO 81631 Telephone: (970) 328-6354 Fax: (970) 328-5203 GRANTOR: Eagle County Attn: County Manager 500 Broadway Post Office Box 850 Eagle, CO 81631 Telephone: (970) 328-8605 Fax: (970) 328-8629 11. Assignment and Successors. Neither Grantor nor Grantee may assign any of its rights and obligations under this Agreement to any other person or entity without the prior written permission of the other. This Agreement shall be binding upon and shall inure to the benefit of the Parties hereto and their respective successors and assigns and the benefits and burdens hereof shall constitute a covenant running with the title to the Property. 12. Warranty of Title. Grantor represents that it is the record owner of the Property upon which the easement is located and that it has full power and authority to execute this Agreement. This Easement is granted subject to prior, recorded grants of easements. 13. Governing Law and Venue. It is the intention of the Parties hereto that all questions of construction and interpretation of this Agreement and the rights and obligations of the Parties hereunder shall be determined in accordance with the laws of the State of Colorado. Venue shall be in the District Court of Eagle County, Colorado. 14. Modifications. The Parties agree that any modification of this Agreement shall be effective only when made in writing signed by both Parties and recorded with the Clerk and Recorder of Eagle County, Colorado. 15. Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be valid under applicable law; provided, however, if any provision of this Agreement shall be invalid or prohibited under applicable law, such provision shall be ineffective to the extent of such invalidity or prohibition without invalidating the remaining provisions of this Agreement. 16. Recording. Upon execution by the Parties, this Agreement shall be recorded in the records of the Eagle County Clerk and Recorder. IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the day and year first above written. GRANTOR: EAGLE COUNTY, COLORADO By and through its Board of Co ••mmissioners By: (' - Ji11i H. Ryan, Chairman STATE OF COLORADO ) ) ss. COUNTY OF EAGLE ) The foregoing instrument was acknowledged before me this Z0 day of tut , 2014,by Jillian H. Ryan, Chairman, Eagle County Board of County Commis€ioners. My commission expires: ?' l' CR,URCHiLL NOTARY PUBLIC STATE OF COLORADO / MY COMMISSION EXPIRES 312412015 Notary Public GRANTEE: TOWN OF EA E By and throu. is Bo d if Trustees By: j .1 Yuri K, tick, Mayor STATE OF Cdarcdo ) ) ss. COUNTY OF Eot8(e ) The foregoing instrument was acknowledged before me this j 3'"clay of • M , 2014, by Yuri Kostick, Mayor, Town of Eagle. My commission expires: g" 2-61-ZOl.S [seal] °�QQ�:N B.. 00."'. [seal] c°:*.1 'Ys / / / / s Notary Publi : ,, PUBI�G,r' lJF C0�• .. Exhibit A LEGAL DESCRIPTION OF PROPERTY Exhibit A A parcel of land being a portion of Tract 47 and 51,in Sections 5 and 6,Township 5 South, Range 84 West of the Sixth Principal Meridian,according to the Independent Resurvey of said Township and Range approved June 20,1922,and being the same lands conveyed in Book 557 at Page 571,County of Eagle,State of Colorado,being more particularly described as follows: Beginning at a point on the North right of way line for the Union Pacific Railroad from which angle point 4 of said Tract 47 bears S.53°02'14"E,727.66 feet,said point also being on the West line of those Iands described in Book 181 at Page 361;thence upon said North right of way line 467.01 feet along the arc of a curve to the right having a radius of 411924 feet,a central angle of 06°29'45"the chord of which bears S.66°28'51"W.466.76 feet to a point in the thread of Brush Creek;thence along said thread of Brush Creek the following 29 courses:1)N. 23°39'32"W.11.75 feet;2)N.25°22'46"W.31.49 feet;3)N.46 023'19"W.44.75 feet;4)N. 67°40'11"W.31.32 feet;5)N.40°1428"W.28.63 feet; 6)N.17°5958"W.28.29 feet;7)N. 06°43'39"E.21.62 feet;8)N.30°34'I0"W.27.67 feet;9)N.11°56'32"W. 36.67 feet; 10)N. 29°45'34"W.39.95 feet;11)N.46°0229'W.37.30 feet;12)N.50°59'21"W.42.13 feet;13)N. 59°03'09"W.40.73 feet;14)N.67°20'46"W.43.57 feet; 15)N.72°15'12"W.52.23 feet;16)N. 86 344'17"W.30.53 feet;17)S.83°34'08"W.21.48 feet; 18)S.65°06'02"W.24.58 feet;19)S. 74°25'11"W.39.28 feet;20)S.75°3422"W.38.97 feet; 21)S.83°57'52"W.40.74 feet;22)N. 82°06'01"W.31.57 feet;23)N.51°03'36"W.33.88 feet; 24)N.36°17'03"W.19.23feet;25)N. 04°48'50"E.32.66 feet;26)N.01°52'57"E.32.53 feet; 27)N.24°03'12"W.24.73 feet; 28)N. 04°39'18"W.30.14 feet;29)N.22°15'I9"W.83.06 feet to the thread of the Eagle River;thence along said thread of the Eagle River the following 8 courses:1)N.84°54'58"E.94.16 feet; 2)N. 80°01106"E.162.30 feet; 3)N.83°49'58"E.29.80 feet; 4)S.83°02'44"E.104.72 feet; 5)S. 56°24'22"E.79.89 feet; 6)S.83°26'20"E.131.20 feet; 7)N.89°31'55"E.160.09 feet; 8)N. 80°13'00"E.85.51 feet;to the northwest corner of said lands described in Book 181 at Page 361; thence departing the thread of said Eagle River and upon the said West line of lands described in Book 181 at Page 361 S.30°50'00"E.407.79 feet to the Point of Beginning. EXHIBIT B Town Intake Structure Easement Area and Pumping Pad Easement Area ' ' ... 4 .. Alit Isek„.....„ -,ww ,,,, . ... ,, ,, ‘.\ , . .. .r 2.: _ �. .pit / "„,, .. , ......,„\ -j0 ' cu , : ... .... ..t fir , / /c / } \ \ j^ N a 4. 1 '''.4. ' \\..., 1-1 { % � t O \ • , ...--- ; cti, . g \\ i a S SI , 4-'' '''''.° ,. 4 C:) ;Wm”' \‘ I i >+ In 0 4)CD I .2', r0' CO c0 /".•- 3c 0C4 �t bin \t ,.y FA ♦ 5 ',^^ r' lV)■ /' { o 1 A• a .i t.:.'�♦ . mil liZ i O .V 0 :'` L. i 1 ! ,, r - z l xx . " W j' 4- ►` � m u a� i \ co C �i o o L O CV 1 m v v Eco co —ds t — \ x 6 ;, ' a o o - CD p\ ' .rrryr - ‘ rr"' Fil. ■ . i /0 CU I 1 H 74!: t o — I 1 i AI .:-, Z "1111411(