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HomeMy WebLinkAboutC15-168 Miller Ranch Condominium Association TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT(the"Agreement") is made as of the Alf. day of 13(1) .,t> , 2015 between Miller Ranch Condominium Association, acting by and through its Board of Directors, with an address of 0105 Edwards Village Blvd, G-206,Post Office Box 2264, Edwards, CO 81632 ("Grantor"or"MRCA")and Eagle County, Colorado a body corporate and politic("Grantee"or"County"), whose address is 500 Broadway,Post Office Box 850, Eagle, CO 81631. Grantor and Grantee shall collectively be referred to as the"Parties". WITNESSETH: WHEREAS, MRCA is the fee owner of certain real property described as Parcel 9B, Miller Ranch, Mill Lofts-Phase 3, recorded at reception number 904132 in Eagle County, State of Colorado (the"Property"); and WHEREAS, Eagle County, in conjunction with the Eagle County School District,has developed plans for Safe Routes to School improvements in the Miller Ranch area to improve connectivity for students and pedestrians in general and the improvements will provide a benefit to Miller Ranch home owners; and WHEREAS,the plan includes the construction of a sidewalk and pedestrian curb ramp (hereinafter the"Improvements") to be located on the Property; and WHEREAS, County will be responsible for ensuring construction of the Improvements and the Eagle County School District will maintain the Improvements through a permanent easement agreement with MRCA which easement agreement will be recorded with the Eagle County Clerk and Recorder; and WHEREAS, MRCA wishes to grant to County, and County wishes to obtain from MRCA,a temporary construction easement across a portion of 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 hereby agree as follows: 1. Grant of Easement. MRCA for good and valuable consideration, the sufficiency of which is hereby confessed and acknowledged,hereby grants to County, its members, contractors, subcontractors, employees and agents,a non-exclusive temporary construction easement over, under and across the Property in the location described and depicted on Exhibit A (hereinafter the "Easement Area") for the purpose of constructing and installing the Improvements on the Property. 2. Restoration. County will be responsible for reseeding and stabilizing all areas disturbed within the Easement Area with appropriate grasses to prevent erosion. 3. Term. The Agreement shall be effective upon execution by both Parties and shall expire one(1) year after the completion of the Improvements and if not previously expired,this Agreement shall terminate on December 31, 2017. 4. Insurance. County agrees to obtain and maintain at all times during the term of this Agreement, commercial general liability insurance with limits in accordance with the Colorado Governmental Immunity Act which policy shall name MRCA as an additional insured. 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, (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: Eagle County Attn: Eva Wilson, County Engineer 500 Broadway Post Office Box 850 Eagle, CO 81631 Telephone: (970) 328-3565 Fax: (970) 328-8789 GRANTEE: Miller Ranch Condominium Association Attn: Stephen L. Stafford 0105 Edwards Village Blvd. G-206 Post Office Box 2264 Edwards, CO 81632 Telephone: (970) 926-7911 ext.4 Facsimile: (970)926-7914 6. 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. 7. 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. During the 2 term of this Agreement, Grantor shall not make or authorize any use of the Easement Area which is inconsistent with or interferes with the uses authorized herein. 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. 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. 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. 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. [rest of page intentionally left blank] 3 GRANTOR: MILLER RANCH CONDOMINIMUM ASSOCIATION By: /.. .- - Its: /.. .- s,2' 'n4' STATE OF COLORADO ) ) ss. COUNTY OF EAGLE ) The foregoing instrument was acknowledged before me this . %i'/Gi�jSG , 2015, by L./ 16?ii4Q7 *S as P/'L°Si of Miller Ranch Condominium Association. My commission expires: 061/1//9, IND HUGHES DENNEY NOTARY PUBLIC STATE OF COLORADO .4.4.46.Af...iv..i“4111P a _ NOTARY ID#19954005646 Notary Publi►� 1 My Commission Expires May 17,2019 4 • GRANTEE: EAGLE C s LINTY, COLORADO By an. ou. 'ts Board .f ount Commissioners BY::! . . , /, 41 LIv A . Kathy Cha ij'r- enry, Chai ■ STATE OF COLORADO ) ) ss. COUNTY OF EAGLE ) The foregoing instrument was acknowledged before me this day of ( VQAiL , 2015, Kathy Chandler-Henry, Chairman, Eagle County Board of County Commissioners. My commission expires: 119ti 11C1 {seall • DEBORAH L CHURCHILL J NOTARY PUBLIC 11/Wit P 1 1��� I STATE Of COLORADO ►l1AV/ AV NOTARY ID#20034005464 MY COMMISSION EXPIRES MARCH 24 2019 Notary Public 5 Exhibit A LEGAL DESCRIPTION AND MAP DEPICTING EASEMENT AREA CONSISTING OF TWO PAGES 6 SIDEWALK ACCESS EASEMENT EXHIBIT"A" October 16,2014 LEGAL DESCRIPTION A description of a sidewalk easement located in Parcel 9B, Miller Ranch, Mill Lofts - Phase 3, a Subdivision located in Section 14, T2S, R85W of the 6th P.M., Town of Edwards, County of Eagle, State of Colorado described in Reception No. 904132, being more particularly described as follows: COMMENCING at the Southeast Corner of Tract D, Berry Creek / Miller Ranch PUD, a Subdivision located in said Section 14,T2S, R85W of the 6th P.M., Town of Edwards, County of Eagle, State of Colorado described in Reception No. 799649, from which the Northeast Corner of said Tract D bears North 01 degrees 52 minutes 06 seconds West, 1097.81 feet (Basis of Bearing);thence North 01 degrees 52 minutes 06 seconds West, 512.81 feet to the TRUE POINT OF BEGINNING"POB"; Thence North 45 degrees 40 minutes 57 seconds West, 39.58 feet; Thence North 0 degrees 28 minutes 41 seconds West, 8.44 feet; Thence North 89 degrees 33 minutes 56 seconds East, 27.21 feet to the East Line of said Parcel 9B; Thence South 01 degrees 52 minutes 06 seconds East, 36.32 feet along the East Line of said Parcel 9B to the TRUE POINT OF BEGINNING. Area= 612.5378 square feet,more or less. EXHIBIT "A " Conintued NORTHEAST CORNER OF TRACT D FOUND 1-1/2" ALUMINUM------- CAP MONUMENT STAMPED "LS 27598" I #I o � INI co N m Z` W I Cr) N89' 33' 56"E I` I W 27.21 V rJ r- - NO 28' 41"W .. S1' 52' 06"E CC �O 36.32 N45' 40' 57"W 39.58 8 P.O.B.--- I 3 I I 1(( 8E, NIN 3 tn. I6 Z 1 _ _ _ - - - — — _ EXHIBIT MAP POINT OF COMMENCEMENT SCALE: 1"=30' SOUTHEAST CORNER OF TRACT D 1 FOUND 1-1/2" ALUMINUM CAP MONUMENT STAMPED "LS 27598" • r Nt SAFE ROUTE TO SCHOOL NO. DATE REVISION _ EAGLE COUNTY t -r ENGINEERING DEPARTMENT 1 SIDEWALK EASEMENT EXHIBIT"A"Continued p.0.BOX 850,500 BROADWAY . j , LOCATED IN TRACT D,BERRY CREEK I MILLER RANCH EAGLE,co 81631 SECTION 4,TSS,RUIN j ; EDWARDS,COLORADO • 970 328.3560 FAX 970 3258789 I. ,..4-I EAGLE COUNTY MUM. 0•5css onun.:nu CsIECnn:ea En. E{OUNIY iw