No preview available
HomeMy WebLinkAboutC15-163 Hyrup Properties, LLC Temporary Construction Easement Agreement HT( TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS TEMPORY CONSTRUCTION EASEMENT AGREEMENT (the "Agreement") is made as of the `\ day of ('1 t�l-) , 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"); and WHEREAS, construction of a portion of the Project will take place on the Property; and WHEREAS, Grantor desires to grant to Grantee and Grantee desires to obtain from Grantor, a temporary construction easement on the Property for the benefit of Grantee and 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, and for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,the Parties hereto hereby agree as follows: 1. Grant of Temporary Easement. Grantor for good and valuable consideration, the receipt and sufficiency of which is hereby confessed and acknowledged, hereby grants to Grantee a non-exclusive temporary construction and access easement over and across the Property in the location described and depicted on Exhibit B, attached hereto and incorporated herein (the "Temporary Easement") for construction of the Project by Grantee, its contractors, subcontractors, employees and agents. 2. Restoration. Within thirty (30) days of completion of the work on the Project, Grantee shall restore all areas disturbed within the Temporary Easement, if any, to the condition that existed prior to such disturbance. 3. Term. The Temporary Easement shall be effective upon the date of entry by Grantee, its contractors, subcontractors, employees or agents, onto the Property for commencement of construction of the Project. Grantee shall provide Grantor 15 days' advanced written notice of its intent to enter the Property to commence construction of the Project. The Temporary Easement shall remain in effect during construction of the Project on the Property and shall automatically terminate 30 days after the conclusion of construction on the Property. In any event, the Temporary Easement shall automatically terminate no later than 18 months after the date of this Agreement. If construction is not commenced by June 1, 2016 this Agreement shall become immediately null and void and unenforceable. 4. Insurance. Grantee agrees to maintain commercial general liability insurance ("CGL") for Grantee and its employees and agents and shall cause its contractors and subcontractors to maintain commercial general liability insurance for the use and occupancy of the Temporary Easement Area. The Grantee's CGL policy shall provide for insurance coverage consistent with the limits of liability under the Colorado Governmental Immunity Act and 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. 5. 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 Temporary Easement. The terms of this paragraph 5 shall survive termination of the Temporary Easement. 6. 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 2 And a copy to: Eagle County Attorney 500 Broadway PO Box 850 Eagle, CO 81631 Telephone: 970-328-8685 Facsimile: 970-328-8699 7. 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. 8. 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. 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. Modifications. The Parties agree that any modification of this Agreement shall be effective only when made in writing signed by both Parties. 11. 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. 12. 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. 13. Recording. This Agreement will not be recorded. 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: HYRUP PROPERTIES LLC a Colorado limited liability company By: (` ' -& Q Phyl is J. Hyr ip, .nag- STATE OF COLORADO ) ) ss. COUNTY OF EAGLE ) The foregoing instrument was acknowledged before me this day of API\ , 2015, by Phyllis J. Hyrup, Manager of Hyrup Properties LLC, a Colorado limited liability company. My commission expires: I V3 t [seal] SHEILAH E.GORDON NOTARY PUBLIC STATE OF COLORADO �- NOTARY ID#19994003113 Notary Public My Commission Expires February 13,2019 4 GRANTEE: EAGLE COUNTY, STATE OF COLORADO By and through its Board of County Commissioners By: 41C(17--- Kath}",�nandler-Henry, Chairman STATE OF COLORADO ) ) ss. COUNTY OF EAGLE ) 1 The foregoing document was acknowledged before me this li-44 -day of U ` , 2-06: by Kathy Chandler-Henry, Chairman of the Eagle County Board of County Commissioners. Witness my hand and official seal. My commission expires: '9'111 j `5- [ EAL] s DEBORAH LYNN CHURCHILL NOTARY PUBLIC Uv(/1Ait1 atal/A STATE OF COLORADO Notary Public MY COMMISSION EXPIRES 3/24/2015 5 t EXHIBIT A LEGAL DESCRIPTION OF PROPERTY 6 EXHIBIT"A" ATTACHED LEGAL DESCRIPTION The East 447.3 feet of Tract 49,Township S 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 NEV4NW'/4 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 ofland 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 t EXHIBIT B LEGAL DESCRIPTION OF TEMPORARY EASEMENT 7 EXHIBIT c PROJECT CODE:18265 PROJECT NUMBER:SHO 0821-097 TEMPORARY EASEMENT NUMBER:TE-2 DATE:MARCH 5,2014 LEGAL DESCRIPTION A Temporary Easement No.TE-2 of the Eagle County,State of Colorado,Project Code 18265, Project Number SHO 0821-097,containing 8,765 square feet(0.2012 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 temporary easement being more particularly described as follows: Commencing at Angle Point No. 1 of said Tract 49, being monumented with a 1926 U.S.G.L.O.Brass Cap, thence S 13°52'18" E a distance of 2102.63 feet to a point on the west line of that property described in the Special Warranty Deed recorded as Reception No. 684466, the TRUE POINT OF BEGINNING: 1. Thence N 00°02'32"W a distance of 14.79 feet; 2. Thence N 42°28'43"E a distance of 9.58 feet; 3. Thence 53.42 feet along the arc of a curve to the left,having a radius of 176.98 feet, a central angle of 017°17'44",the chord of which bears N 33°49'51"E,a distance of 53.22 feet 4. Thence N 25°10'59"E a distance of 46.06 feet; 5. Thence 123.18 feet along the arc of a curve to the right,having a radius of 238.43 feet,a central angle of 029°36'01",the chord of which bears N 39°59'00"E,a distance of 121.82 feet 6. Thence N 54°47'00"E a distance of 9.09 feet; 7. Thence 60.95 feet along the arc of a curve to the left, having a radius of 73.87 feet, a central angle of 047°16'30",the chord of which bears N 31°08'45"E,a distance of 59.24 feet 8. Thence N 07°30'30"E a distance of 76.65 feet; 9. Thence 84.47 feet along the arc of a curve to the right,having a radius of 123.25 feet, a central angle of 039°16'04",the chord of which bears N 27°08'32"E,a distance of 82.82 feet 10.Thence N 46°46'34"E a distance of 30.60 feet; 11.Thence 48.97 feet along the arc of a curve to the left, having a radius of 201.04 feet,a central angle of 013°57'20",the chord of which bears N 39°47'54"E,a distance of 48.85 feet 12.Thence N 32°49'14"E a distance of 34.84 feet; 13.Thence 30.86 feet along the arc of a curve to the right,having a radius of 330.00 feet,a central angle of 005°21'30",the chord of which bears N 35°29'59"E,a distance of 30.85 feet 14.Thence N 38°10'44"E a distance of 82.34 feet; 15.Thence 70.16 feet along the arc of a curve to the right,having a radius of 126.87 feet,a central angle of 031°41'00",the chord of which bears N 54°01'15"E,a distance of 69.27 feet 16.Thence N 69°51'45"E a distance of 9.55 feet; 17.Thence 14.99 feet along the arc of a curve to the left, having a radius of 14.55 feet, a central angle of 059°01'16",the chord of which bears N 40°21'07"E,a distance of 14.34 feet 18.Thence N 10°5029"E a distance of 30.24 feet; 19.Thence 61.15 feet along the arc of a curve to the right,having a radius of 111.01 feet,a central angle of 031°33'37",the chord of which bears N 26°37'17"E,a distance of 60.38 feet to a point on the east line of said Tract 49,from which Angle Point No. 1 of Tract 49 bears N 01°33'47"E a distance of 1318.89 feet; 20.Thence S 01°33'47"W along the east line of Tract 49 a distance of 16.47 feet to a point from which Angle Point No.4 of Tract 49 bears S 01°33'47"W a distance of 4051.17 feet; 21.Thence 43.15 feet along the arc of a non-tangent curve to the left,having a radius of 101.01 feet, a central angle of 024°28'24",the chord of which bears S 23°04'41"W a distance of 42.82 feet 22.Thence S 10°50'29"W a distance of 30.24 feet; 23.Thence 25.29 feet along the arc of a curve to the right,having a radius of 24.55 feet, a central angle of 059°01'16",the chord of which bears S 40°21'07"W,a distance of 24.19 feet 24,Thence S 69°51'45"W a distance of 9.55 feet; 25.Thence 64.63 feet along the arc of a curve to the left,having a radius of 116.87 feet, a central angle of 031°41'00",the chord of which bears S 54°01'15"W,a distance of 63.81 feet 26.Thence S 38°10'44"W a distance of 82.34 feet; 27.Thence 29.93 feet along the arc of a curve to the left,having a radius of 320.00 feet, a central angle of 005°21'30",the chord of which bears S 35°29'59"W,a distance of 29.92 feet 28.Thence S 32°49'14"W a distance of 34.84 feet; 29.Thence 51.40 feet along the arc of a curve to the right,having a radius of 21 1.04 feet,a central angle of 013°57'20",the chord of which bears S 39°47'54"W,a distance of 51.28 feet 30.Thence S 46°46'34"W a distance of 30.60 feet; 31.Thence 77.61 feet along the arc of a curve to the left,having a radius of 113.25 feet,a central angle of 039°16'04",the chord of which bears S 27°08'32"W,a distance of 76.10 feet 32.Thence S 07°30'30"W a distance of 76.65 feet; 33.Thence 69.20 feet along the arc of a curve to the right,having a radius of 83.87 feet, a central angle of 047°16'30",the chord of which bears S 31°08'45"W,a distance of 67.26 feet 34.Thence S 54°47'00"W a distance of 9.09 feet; 35.Thence 118.01 feet along the arc of a curve to the left,having a radius of 228.43 feet,a central angle of 029°36'01",the chord of which bears S 39°59'00"W,a distance of 116.71 feet 36.Thence S 25°10'59"W a distance of 46.06 feet; 37.Thence 56.44 feet along the arc of a curve to the right,having a radius of 186.98 feet,a central angle of 017°17'44",the chord of which bears S 33°49'51"W,a distance of 56.23 feet 38.Thence S 42°28'43"W a distance of 18.93 feet; i I 39.Thence 1.55 feet along the arc of a curve to the right, having a radius of 173.37 feet,a central angle of 000°30'45", the chord of which bears S 42°44'06"W, a distance of 1.55 feet to the POINT OF BEGINNING. The above described parcel contains 8765 square feet(0.2012 acres) more or less. The purpose of the above described Temporary Easement is the construction of Cedar Drive Road improvements. Basis of Bearings:All bearings are based on a bearing of North 010 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. ' o��.....to '- and Eagle County `4 •.• �,o•.,1, Robert E.Brandeberry,PLS 38388 �' �' " 118 Sixth Street,Suite 200 = :0 3838$ a ,/= Glenwood Springs,CO 81601 V.." :41/22/157 &— �ai,*.. L OS���, •