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HomeMy WebLinkAboutC15-161 Bair Drainage Easement Agreement DRAINAGE EASEMENT AGREEMENT THIS DRAINAGE EASEMENT AGREEMENT (the "Agreement") is made as oft e a J day of web 2v a,� , 2015 (the "Effective Date") between VIRGINIA G. BAIR AND LOWELL BAIR, whose address is S3 a9 �2y;n� Pc, c,o (collectively 9".° "Grantor") and the COUNTY OF EAGLE, STATE OF COLORADO, whose address is P.O. Box 850, Eagle CO 81631 ("Grantee"). Grantor and Grantee shall collectively be referred to as the "Parties". WITNESSETH: WHEREAS, Grantor is the fee owner of certain real property more particularly described on Exhibit A attached hereto and incorporated herein(the "Property"); and WHEREAS, Grantee is performing certain construction for the widening and improvement of Cedar Drive, located in Eagle County, Colorado (the "Project"). In conjunction with such Project, Grantee desires to construct and maintain a culvert for drainage associated with Cedar Drive. WHEREAS, the Parties wish to create a permanent drainage easement on the Property for the benefit of the Project 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 hereby agree as follows: 1. Grant of Easement. Grantor for good and valuable consideration, the receipt and sufficiency of which is hereby confessed and acknowledged, hereby grants to Grantee a perpetual, non-exclusive 50 square foot drainage easement for the purpose of storm drainage, drainage of water and discharge of surface water on, over, above, across and through the Property identified in Exhibit A (hereinafter the "Easement Area") for the benefit of the Project along with the right to install, use, repair, replace, improve and maintain drainage structures including but not limited to swales, ditches and culverts, together with a perpetual right of ingress and egress thereto. 2. Structures; Repair and Restoration. Grantor reserves the right to use the Easement Area for all purposes not inconsistent with the grant of easement set forth herein. Grantor shall not place, construct or maintain any structure on, above or below the surface of the Easement Area that would unreasonably obstruct access to or use of the Easement Area by Grantee as set forth in this Agreement. Grantee shall be solely liable for the cost of all construction, repairs, maintenance, reconstruction and replacement of any drainage structures now or hereafter installed by Grantee from time to time in the Easement Area. 3. Insurance. Grantee agrees to maintain commercial general liability insurance ("CGL,"), which policy shall provide for insurance coverage consistent with the limits of liability under the Colorado Governmental Immunity Act. The CGL policy shall name Grantor as an additional insured. Grantee shall provide Grantor with evidence of such insurance upon any request therefor Eagle County, CO 201503927 Teak J Simonton 03/05/2015 Pgs: 6 02:54:46 PM REC: $0.00 DOC: $0.00 by Grantor. Nothing herein shall be construed as a waiver by Grantee of the limitations on liability which are provided to it under the Colorado Governmental Immunity Act, C.R.S. § 24-10-101 et seq. 4. 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. GRANTOR: Virginia G. Bair and Lowell Bair ggt-tTelephone: __L Facsimile: And a copy to: GRANTEE: Eagle County, Colorado 500 Broadway Post Office Box 850 Eagle, CO 81631 Telephone: 970-328-8605 Facsimile: 970-328-8629 And a copy to: Eagle County Attorney 500 Broadway PO Box 850 Eagle, CO 81631 Telephone: 970-328-8685 Facsimile: 970-328-8699 5. 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 2 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 and Project Property. 6. Warranty of Title. Grantor represents that it is the record owner of the Property upon which the Easement Area 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. 7. 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. 8. 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. 9. 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. 10. Annual Appropriations. All financial obligations set forth in this Agreement are subject to annual appropriation pursuant to C.R.S. § 29-1-110, as amended. 11. 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. [remainder of page intentionally left blank] 3 GRANTOR: Virginia G. Bair Lowell Bair STATE OF COLORADO ) ) ss. COUNTY OF EAGLE ) The foregoing instrument was acknowledged before me this i el day of 2015, by Virginia G. Bair My commission expires: 2 I I \� [seal] Notary Public SHEILAH E.GORDON NOTARY PUBLIC NOTARY STATE OF COLORADO STATE OF COLORADO ) ID003113 ) ss. __ 1 tf COUNTY OF EAGLE ) The foregoing instrument was acknowledged before me this day of , 2015, by Lowell Bair My commission expires: 1 3 I [seal] ' SHEILAH E.GORDON Notary Public STATE OF COLORADO NOTARY ID#19994003113 Commission Expires February 13,2019 4 GRANTEE: EAGLE COUNTY, STATE OF COLORADO By and thr ugh its Board of County Commissioners By: ' ' A 4,1,(4,77' Kath handler-Henry, Chairman STATE OF COLORADO ) ) ss. COUNTY OF EAGLE ) The foregoing document was acknowledged before me this qj day of E 1, 7 by Kathy Chandler-Henry, Chairman of the Eagle County Board of County Commissioners. Witness my hand and official seal. My commission expires:Y p � � � I DEBORAH LYNN C��RCHILL NOTARY PUBLIC [SEAL] .; STATE OF COLORADO �!V V v - MY COMMISSION EXPIRES 3/24/2015 otary Public 5 EXHIBIT"A" PROJECT CODE: 18265 PROJECT NUMBER:SHO 0821-097 PERMANENT EASEMENT NUMBER:DE-I DATE:MARCH 5,2014 LEGAL DESCRIPTION A Permanent Easement No.DE-1 of Eagle County,State of Colorado,Project Code 18265, Project Number SHO 0821-097,containing 50 square feet(0.0011 acres),more or less,situated entirely within Lot 1 of the Grant-Smith Type A Minor Subdivision recorded as Reception No.600333 in the Eagle County Clerk and Recorders Office(E.C.C.R.O.),also lying,for reference,in Tract 49,Township 8 South,Range 86 West of the 6th Principal Meridian,Eagle County,Colorado,said permanent easement being more particularly described as follows: Commencing at Angle Point No. 1 of Tract 47 being monumented by a 1926 G.L.O.Brass Cap; Thence S 00°21' 12"E,a distance of 607.39 feet to a point on the southerly line of the 40 foot access easement shown on said plat of Grant-Smith Type A Minor Subdivision,the TRUE POINT OF BEGINNING: 1. Thence S 62°15'29"W a distance of 5.00 feet; 2. Thence S 27°44'31"E a distance of 10.00 feet; 3. Thence N 62"15'29"E,a distance of 5.00 feet to a point on the southerly line of said 40'access easement; 4. Thence N 27°44'31"W along said easement line a distance of 10.00 feet to the TRUE POINT OF BEGINNING. The above described Parcel contains 50 square feet(0.0011 acres),more or less. The purpose of the above described Permanent Easement is for the construction and maintenance of a culvert. Basis of Bearings:All bearings are based on a bearing of North 01'33'47"East a distance of 5386.54 feet between Angle Point No.4 and Angle Point No.1 of tract 49,Township 8 South Range 86 West,both being 1926 G.L.O.Brass Caps. For and on Behalf of SGM Inc. ; tiO •�� I.��F,y•'•• swi'• J' and Eagle County .•��' °e• „ ;-/.- Robert E.Brandeberry, 38388 = ` n'Y� : .o.a 3 388 =e '- 118 Sixth Street,Suite 200 o'°L4/10/14t�° = Glenwood Springs,CO 81601 t`r � 474' �ANaS����``