HomeMy WebLinkAboutC15-162 Hyrup Properties, LLC Drainage Easement Agreement Eagle County, co 201503929
Teak J Simonton 03/05/2015
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DRAINAGE EASEMENT AGREEMENT
THIS DRAINAGE EASEMENT AGREEMENT (the "Agreement") is made as of the
�" day of (Y\ cA RC.h , 2015 (the "Effective Date") between HYRUP
PROPERTIES LLC, a Colorado limited liability company whose address is 69 Rampart Place,
Parachute, Colorado 81635 ("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 on the Property for drainage associated
with Cedar Drive; and
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, 0.0043-acre drainage easement in the location described on Exhibit B, attached
hereto and incorporated herein by reference (the "Easement Area"), for the purpose of storm
drainage, drainage of water, and discharge of surface water 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. Grantee's access to and from the Easement Area shall be
exclusively via Cedar Drive.
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")
for its use and occupancy of the Easement Area, which policy shall provide for insurance coverage
consistent with the limits of liability under the Colorado Governmental Immunity Act. The CGL
FITC
policy shall name Grantor as an additional insured. Grantee shall provide Grantor with evidence of
such insurance upon any request therefor 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. No Liens. Grantee shall not suffer or permit any liens to be filed against the Property or
any portion thereof by reason of work performed or materials furnished for the Project or the
Easement Area.
5. 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, or (iii) when delivered by FedEx or other comparable courier
service, charges prepaid, to the parties at their respective addresses listed below. 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:
Hyrup Properties LLC
69 Rampart Place
Parachute, CO 81635
And a copy to:
Nicole Garrimone-Campagna
Garfield &Hecht, P.C.
420 Seventh Street, Suite 100
Glenwood Springs, CO 81601
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
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6. Assignment and Successors. Grantee may not assign any of its rights and
obligations under this Agreement to any other person or entity without the prior written permission
of Grantor. 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.
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. Attorney Fees. Should this Agreement become the subject of legal action to enforce
or construe a term, condition or obligation of the Agreement, the prevailing party to such legal
action shall be entitled to reimbursement of its attorney fees and costs, expenses, and court costs in
such action.
10. 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.
11. 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. Grantee shall act in
good faith when making appropriations necessary to comply with the financial obligations of this
Agreement.
12. Recording. Upon execution by the Parties, this Agreement shall be recorded in the
records of the Eagle County Clerk and Recorder.
[remainder of page intentionally left blank]
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IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the day and
year first above written.
GRANTOR:
HYRUP PROPERTIES LLC
a Colorado limited liability company
By: (j-4-ea:/
..............
PhylliS J. Hyrup, Ma age
STATE OF COLORADO )
) ss.
COUNTY OF
The foregoing instrument was acknowledged before me this A-- day of
, 2015, by Phyllis J. Hyrup, Manager of Hyrup Properties LLC, a Colorado
limited liability company.
My commission expires: 113 ( o t 9 _
[seal]
SHEILAH E.GORDON Notary Public
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID#19994003113
My Commission Expires February 13,2019'
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GRANTEE:
EAGLE COUNTY, STATE OF COLORADO
By and thro gh its Board of County Commissioners
By: 1 0 2&t% ( 't
Kathy andler-Henry, Chairman
STATE OF COLORADO )
) ss.
COUNTY OF EAGLE )
The foregoing document was acknowledged before me this I day of 114 Z-0 ( , by
Kathy Chandler-Henry, Chairman of the Eagle County Board of County Commissioners.
Witness my hand and official seal.
I (( l DEBORAH LYNN CHU RCHILL
My commission expires: • s NOTARY PUBLIC ti
STATE OF COLORADO
[SE4L]
MY COMMISSION EXPIRES 3/24/2015
Ait (j(iLtL'tk
Notary ublic
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EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
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EXHIBIT"A"
ATTACHED LEGAL DESCRIPTION
The East 447.3 feet of Tract 49,Township 8 South,Range 86 West
of the 6th Principal Meridian according to the new and amended
survey and plat thereof in the U.S. Land Office, situate north of the
north right of way line of the Eagle County County Road. Said Tract
49 is otherwise described as Lot 3 of Section 17,Lots 1,5 and 6 and
the NE'/,NW% of Section 8, Township 8 South,Range 86 West of
the 6th Principal Meridian according to the survey under which said
lands were patented.
Also,a strip of land in the above East 447.3 feet of said Tract 49 lying
north of the north right of way line of the Eagle County County Road
being more particularly described as that part of the following
described strip of land lying within said East 447,3 feet of said Tract
49: A strip of land lying parallel with the original center line of the
Colorado Midland Railroad Company as surveyed through said Tract
49,being 40 feet distant from the exterior to 60 feet on the northerly
side of said center line,saving and excepting,however,the remainder
of the right of way through said Tract 49 of 60 feet right angle width
on the northerly side of the center line of the original location of the
Colorado Midland Railroad Company as evidenced by the records of
Eagle County, Colorado, and recorded in Book 85 at Page 380 and
the map thereof in the records of said Eagle County. The entire strip
of said land lying in Tract 49 being subject to the right of Eagle
County,Colorado,to demand reconveyance to it of any or all of said
strip for the sum of$50.00 should,in the future,it become necessary
or expedient to change the center line of the old railroad grade for
public use or for public road purposes, and the said Eagle County has
reserved the right to change the alignment of its roadway on the above
described land, County of Eagle, State of Colorado,
454-H0422373-060-SG I
EXHIBIT B
LEGAL DESCRIPTION OF EASEMENT AREA
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EXHIBIT i3
PROJECT CODE: 18265
PROJECT NUMBER:SHO 0821-097
PERMANENT EASEMENT NUMBER:DE-2
DATE:MARCH 5,2014
LEGAL DESCRIPTION
A Permanent Easement No. DE-2 of Eagle County,State of Colorado,Project Code 18265,
Project Number SHO 0821-097,containing 188 square feet(0.0043 acres),more or less,situated
entirely within that property described in the Special Warranty Deed recorded as Reception No.684466
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. I of Tract 49 being monumented with a 1926 G.L.O.Brass
Cap,thence S 09°31'00"W a distance of 1880.76 feet to the TRUE POINT OF BEGINNING:
I. Thence S 51°55'52"E a distance of 18.82 feet:
2. Thence N 38°04'08"E a distance of 10.00 feet;
3. Thence.N 51°55'52"W a distance of 18.82 feet;
4. Thence 10.00 feet along the arc of a non-tangent cure to the right,having a radius of 123.87 feet,
a central angle of 04°37'36",the chord of which bears S 38°04'08"W a distance of 10.00 feet to
the TRUE POINT OF BEGINNING.
The above described Parcel contains 188 square feet(0.0043 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 0I"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.
,:a�DO.'.'.*..•For and on Behalf of SGM Inc. �� 41,
and Eagle County
Robert E.Brandeberry,PLS 38388 to 38388
118 Sixth Street,Suite 200 =,9,(4/10/14�a
Glenwood Springs,CO 81601 = et" ,. J
9,'1/4.1 LANDS
