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HomeMy WebLinkAboutC15-480 Cordillera Metropolitan DistrictEagle County, CO Teak J Simonton Pgs: 10 REC: $0.00 DOC: $0.00 201523011 12t09t2015 O4:40:22PM ACCESS EASEMENT BETWEEN EAGLE COUNTY, COLORADO ATID CORDILLERA METROPOLITAN DISTRICT TIIIS ApQESS EASEMENT AGREEMENT (this "Agreement") is granted on thisci' Ouy of tbur^hre 2015, by CORDILLERA METROPOLITAN DISTRICT, a Colorado special district, whose address is 0408 Carterville Road, Cordiller4 CO 81632 (66Grantor" or o'District"), to the couNTY oF EAGLE, srATE oF coLoRADo, whose address is P.O. Box 850, Eagle CO 81631 ("Grantee" or "Counfir"), collectively, the "Partiesr" individually, a "P arty." RECITALS: WHEREAS, Grantor is the owner of real property located in Eagle County, State of Colorado, more particularly described on Exhibit A attached hereto and incorporated herein by this reference (the "District Property"). WHEREAS, Grantee is the owner of real property located immediately adjacent to the District Property in Eagle County, State of Colorado, more particularly described on Exhibit B attached hereto and incorporated herein by this reference (the "County Property"). The County intends to grant a conservation easement on the County Property, to be held by the Eagle Valley Land Trust (the "Conservation Easement"). WHEREAS, Grantor desires to provide an access easement located on the District Property for use by Grantee to access the County Property for routine maintenance and management purposes all in a manner consistent with the Conservation Easement. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, Grantor and Grantee mutually agree as follows: 1. Grunt of Access Easement. Grantor hereby grants and conveys to Grantee a non- exclusive, perpetual and inevocable easement and right of use over, upon and across the District Property, in the location identified on Exhibit C attached hereto and incorporated herein by this reference (the "Access Easement"). The Access Easement shall not exceed ten (10') feet in width and the center of the Access Easement is an existing single-track soft surface trail approximately two (2) feet wide (the "Trail"). The Access Easement shall be made available to and for the benefit ofGrantee for pedestrian and vehicular ingress and egress and for access to the County Property for routine maintenance and management of the County Property, all in a manner consistent with the Conservation Easement. Motorized vehicles shall not be permitted within the Access Easement, except as may be necessary for County personnel and County contractors and consultants to access the County Property for maintenance and management purposes, for emergency purposes or as may be required by law. 2. Maintenance. Repair and maintenance of the Trail and Access Easement shall be performed by the District, subject to its internal maintenance standards and subject to Grantee's use of the Access Easement as set forth herein. {-\_t C15-480 3. Rights of Grantee. This Agreement conveys the following rights to Grantee: a. Grantee may enter the Access Easement atany time and may, but is not obligated, to perform routine maintenance on the Trail. Grantee shall be obligated to repair any portion of the Trail located on the District Property, which is damaged as a result of Grantee's use of the Access Easement. Repair and maintenance of the Trail may include the addition to or removal of soil from the Trail, removal of rock or vegetation, weed control, and mowing or cutting of vegetation on or adjacent to the Trail. b. Grantee may install signs within the Access Easement to mark the Trail and to identifu the District Property as being subject to this Agreement. The size, number and location ofsuch signs shall be subject to Grantor's prior reasonable approval. c. Grantee shall not place any improvements upon or within the Access Easement, including without limitation, fences, benches, picnic areas or tables, wastebaskets, bike racks, informational kiosks or other structures, without the prior written consent of Grantor. In the event Grantee installs any such improvements in the Access Easement without Grantor's prior written consent, Grantor may remove such improvements at the sole expense of Grantee. d. Grantor and Grantee acknowledge and agree that Grantee will use Cordillera Way, Granada Hill Road, and El Mirador Road within the Cordillera subdivision to reach the Access Easement for the purposes set forth herein. 4. Rights of Grantor. Grantor shall have the rights accorded to the Grantee to use the Access Easement in any manner that does not unreasonably interfere with the Grantee's exercise of the rights granted to it by this Agreement. Grantor reserves the right, but is not obligated to, remove or exclude from the District Property and/or the Trail or Access Easement, any persons who are in locations other than the Trail. 5. No Chargefor Access. Grantor shall not charge Grantee a fee for access to or use of the Access Easement or the Trail for the purposes set forth herein, in recognition and consideration of the benefits to Grantor of the Conservation Easement Grantee intends to convev on the County Property. 6. fnsurance. 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 by Grantor. 7 . No Liability. Each Party shall have all of the protections available to it under Colorado law and neither Party intends to waive, in whole or in part, any of the limitations on liability or other protections which are provided to each Party pursuant to the Colorado Govemmental Immunity Act, C.R.S. 24-I0-l0l et. seq. 8. Recording. This Agreement shall be recorded in the records of the Eagle County Clerk and Recorder's Office. 9. Governing Law. It is the intention of the Parties hereto that all questions with respect to the construction and interpretation of this Agreement and the rights and liabilities of the Parties hereunder shall be determined in accordance with the laws ofthe State of Colorado. Venue shall be in the District Court of Eagle County, Colorado. 10. Annual Appropriations, All financial obligations of Grantor and Grantee set forth in this Agreement are subject to annual appropriation pursuant to C.R.S. $ 29-1-110, as amended. 11. 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, 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 chanse to the other Party. EAGLE COI.INTY: Eagle County, Colorado Attn: Director of Open Space 500 Broadway Post Offrce Box 179 Eagle, CO 81631 Telephone: 97 0 -328-869 8 Facsimile : 97 0 -328-7 185 And a copy to: Eagle County Attorney 500 Broadway PO Box 850 Eagle, CO 81631 Telephone: 970-328-8685 Facsimile: 970-328-8699 CORDILLERA METROPOLITAN DISTRICT c/o Bart Sigler 0408 Carterville Road Cordillera, CO 81632 Telephone: 97 0-926-1923 Facsimile: 97 0-926-5 57 7 And a copy to: Alan Pogue Icenogle Seaver Pogue, P.C. 4725 S. Monaco Street, Suite 225 Denver, CO 80237 Telephone: 303-867-3006 Facsimile: 303-292-9101 12. Entire Agreement This Agreement sets forth the entire agreement of the Parties with respect to the Access Easement and supersedes all prior discussions, negotiations, understandings, or agreements relating to the Access Easement, all of which are merged herein. 13. Captions. The captions in this Agreement have been inserted solely for convenience of reference and are not a part of this Access Easement and shall have no effect upon construction or interpretation. 14. 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 inure to the benefit of the Parties and their respective successors and assigns. 15. Wananty of Title. Grantor represents that it is the record owner of the District Property upon which the Access Easement is located and that it has full power and authority to execute this Agreement. 16. ModiJications. The Parties agree that any modifications 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. 17. Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a mztnner 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. 18. No Third Party BeneJiciaries. This Agreement is entered into by and between Grantor and Grantee, and is solely for the benefit of Grantor, Grantee, and their respective successors and assigns for the purposes set forth herein, and does not create rights or responsibilities in anythird parties beyond Grantor and Grantee. (STGNATURE PAGES TO FOLLOW) IN WITNESS WHEREOF, Grantor and Grantee, intending to legally bind themselves, have set their hands on the date first written above. GRANTOR: Cordillera Metropolitan District By: n/(' 'Jwl STATE OF COLORADO COTINTY OF EAGLE ) ) ss. ) The foregoing instrument was acknowledged before me thislO day of 2015,by NancyAlexander as President ofthe Cordillera Metropolitan District. Witness my hand and official seal. My commission expires: STACEY LYNN WORTEY NOTARY PUBLIC STATE OF COLORADO NOTARY rD 20124080755 MY COMMISSION EXPIRES DEC. T4' 2O1O Notary Public GRANTEE: EAGLE COUNTY, STATE OF COLORADO STATE OF COLORADO ) ) ss. COLI-NTY OF EAGLE ) The foregoing document was acknowledged before me this 9- Out of hl...l-<- , 20l5,by Kathy Chandler-Henry, Chair of the Eagle County Board of County Commissioners. Witness my hand and offrcial seal. its Board of County Commissioners Mycommissionexpires' J lt: / a.*r,,: SHEILAH E. GORDON NOTARY PUBLIC qIATE OF COLORADO NOTARY tD#19994@3113 ly Csrniraon ErQrrrt Frbrury 13, 20t9 -S<--^a-L- {^-.^C,,- Notary Public O EXHIBIT A Legal Description of the District Property Tract A as shown on the Final Plat, Cordillera Subdivision, Filing No. 32 recorded in Eagle County, Colorado at Reception Number 665487. EXHIBIT B Legal Description of the County Property Lots 1, 2 and3 and NEI/4SWI/4 of Section 7, Township 5 South, Range 82 West of the 6e Principal Meridian, County of Eagle, State of Colorado. DGIIBIT C Depiction of Access Easement on District Property Cordillera Mebepolitarc Distrtd Cordillera Ridge Ridgn gFeE Space t**"* f-] arar*wr !*-c* ffi** fiotr{ffhfie Fgdgeqe.' spe