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HomeMy WebLinkAboutC12-329 Eagle Vail Metropolitan District2012 AMENDMENT OF ENCROACHMENT EASEMENT AGREEMENT HIS AGREEMENT (hereinafter "Agreement ") is made and entered into this day of 0 # 4/ 1grajd - 2012 by and between Eagle County, Colorado, a body corporate and politic, by and 1 through its Board of County Commissioners hereinafter "Eagle County") and Eagle-VailYgY)g Metro olitan District, by and through its Board of Directors hereinafter District"p Y g District") WITNESSETH: WHEREAS, Eagle County and the District are parties to a current Encroachment Easement Agreement dated December 21, 2011 (copy attached as APPENDIX 1); WHEREAS, the parties mutually desire to amend such Agreement. NOW, THEREFORE, in consideration of the terms and covenants stated herein, the sufficiency of which is hereby acknowledged, the parties agree as follows: The above - referenced Encroachment Easement Agreement is hereby amended to include the coverage modifications shown on APPENDIX 2 hereto, which Appendix is a made part of this Amendment Agreement by this reference. IN WITNESS WHEREOF, EAGLE COUNTY and the DISTRICT have executed this Amend e of Encroachment Easement Agreement this day of 2012 ATTEST:COUNTY OF EAGLE, STATE rya c OF COLORADO, by andos ki, through its BOARD OF3rr:COUNTY COMMISSIONERSfinlir otaitxc )- BYWO ALP Bz __ /"/ Cler to the Bo. i of County Peter F. Runyon, Chai P . Commissioners 1 EAGLE -VAIL METROPOLITAN DISTRICT, by and through its BOARD OF DIRECTORS BY:Ai TITLE:U1 144Ai STATE OF jjo (^tta _ ) SS. COUNTY OF ie..- The foregoing instrument was acknowledged before me by TelNisod, this of 20012. My commission expires:3 / /24 Notary Public s-line- '' D'1c I 2 LAUL. WUNI7. LU et) 1 evi btiTEAKJSIMONTON REC 50.00 DOC:0$ :55 :31PM 01/11/2012 Appendix 1 11111 111 11111 HIM 1 1 1 11 11 ENCROACHMENT EASEMENT AGREEMENT CC THIS AGREEMENT (hereinafter "Agreement ") is made and entered into this „Q/ "day of 1) p,e. p,,,.d 2011 by and between Eagle County, Colorado, by and through its Board of County Commissioners (hereinafter "Eagle County") and the Eagle -Vail Metropolitan District, by and through its Board of Directors (hereinafter "Eagle- Vail "). WITNESSETH: WHEREAS, Eagle County owns the road and other rights -of -way along Eagle Road at the intersections of Eagle Road and US Highway 6 in the NW 'A of Section 17, T 5 S, R 81 W of the 6 Principal Meridian in Eagle County (hereinafter "Subject Property") as shown on the attached Exhibit "A ", attached hereto and incorporated herein by this reference; and WHEREAS, Eagle -Vail wishes to remove existing landscaping and to install a new monument and landscaping as defined by the final monument plan attached hereto as Exhibit "B" and incorporated herein by this reference (the "Plans ") on the Subject Property; and WHEREAS, Eagle -Vail is proposing to maintain all landscaping, irrigation, lighting, monument signing and any other appurtenant elements (Landscaping Improvements); and WHEREAS, Eagle County is willing to allow location of the Landscape Improvements on the Subject Property pursuant to the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the foregoing premises and following promises, Eagle County and Eagle -Vail agree as follows: ENCROACHMENT EASEMENT GRANT: Eagle County hereby grants and conveys to Eagle -Vail, its successors and assigns, a non- exclusive easement for the purposes of 1) removal of existing Landscape Improvements within the Subject Property; 2) construction of the Eagle -Vail Entry Monument within the Subject Property as shown on the Plans; and 3) the ongoing maintenance and repair of all Landscape Improvements located within the Subject Property. The Encroachment Easement granted in this agreement shall be possessed and enjoyed by Eagle - Vail, its successors and assigns, so long as the Encroachment Easement shall be used by Eagle - Vail in accordance with the terms and conditions of this Agreement. Notwithstanding the foregoing paragraph, Eagle County, in its sole discretion, reserves the right to terminate this Agreement and the Encroachment Easement and require Eagle -Vail to remove and/or relocate the Landscape Improvements at Eagle - Vail's sole expense upon thirty (30) days written notice by Eagle County, which right will not be capriciously exercised. Upon notice of termination requiring removal or relocation, Eagle -Vail agrees to restore the easement to its original condition, or as close thereto as possible. 1 Even if this Encroachment Easement Agreement is not terminated, Eagle County, in its sole discretion, may require Eagle -Vail to relocate or remove any portion of the Landscape Improvements that Eagle County deems a maintenance or safety concern. If Eagle -Vail shall fail to timely relocate or remove the Landscape Improvements and restore the Encroachment Easement upon Eagle County's written request, Eagle County may do so at Eagle - Vail's expense. The Encroachment Easement granted by this agreement is non - exclusive and Eagle County reserves the right to use for itself and to grant for others rights -of -way over, under, across or through the Encroachment Easement herein granted, provided that they do not unreasonably interfere with Eagle- Vail's easement herein. Eagle County reserves the right to use and enjoy the premises to the fullest possible extent without unreasonable interference with the exercise by Eagle -Vail of the rights granted in this agreement. Without limiting the foregoing, Eagle County reserves the right to place along, across, under, over and through the Encroachment Easement as many electric lines, power lines, waterlines, sewer lines, gas lines, telephone lines and other utilities as Eagle County may desire subject only to the right of Eagle -Vail to use the same for the purposes herein granted. The encroachment of the Landscape Improvements into Eagle County's Road Right -of -Way shall not constitute any relinquishment of Eagle County's property rights whether through claims of adverse possession or any other means. CONSTRUCTION AND MAINTENANCE OF IMPROVEMENTS: All construction, including replacement or significant alterations, and maintenance of the Landscape Improvements will be the sole responsibility and expense of Eagle -Vail. Construction of the Eagle -Vail Entry Monument and any future improvements, including replacement or significant alterations, shall be performed pursuant to site specific construction plans, and no construction shall be commenced until such plans and specifications have been approved in writing by Eagle County, such approval not to be unreasonably withheld or delayed. Eagle -Vail agrees to be responsible for all ongoing repair and maintenance costs associated with the Landscape Improvements and the Encroachment Easement. Whenever possible, Eagle-VailPPPg shall notify and coordinate with Eagle County prior to performing any significant repair or maintenance so as to avoid disruption within Eagle County's Road Right -of -Way. INDEMNIFICATION: Eagle -Vail shall, to the fullest extent permitted by law, indemnify and hold harmless Eagle County and any of its officers, agents and employees against any losses, claims, damages or liabilities for which Eagle County or any of its officers, agents, or employees may become subject to, insofar as any such losses, claims, damages or liabilities arise out of, directly or indirectly, this Agreement and the Encroachment Easement, or are based upon any performance or nonperformance by Eagle -Vail hereunder; and Eagle -Vail shall reimburse Eagle County for any and all legal and other expenses incurred by Eagle County in connection with investigating or defending any such loss, claim, damage, liability or action. 2 All of the covenants herein contained shall be binding upon and inure to the benefits of the parties hereto, their respective heirs, personal representatives, successors and assigns. This Encroachment Easement is granted subject to prior grants of easements and other ownership interests of record. Eagle County makes no warranties as to the title of the easement conveyed. IN WITNESS WHEREOF, EAGLE COUNTY and EAGLE -VAIL have executed this Encroachment Easement Agreement this 2/ 7f of Q eit. 4 A ee -2011. ATTEST:COUNTY OF EAGLE, STATE OF COLORADO, by and through its BOARD OF COUNTY COMMISSIONERS: l -. -:\ ,i i. VBY:Y:11 Lm, Clerk to the Board of County Jon ney, C' an Commissioners EAGL - AIL METROPOLITAN DISTRICT, by and through its BOARD OF DIREC S: BY:ILI1 Tcrr L k'44 - TITLE: 6Ptttattug - ° rtl AikrO i c1t_ STATE OF Coloradr0 SS. COUNTY OF The foregoing ' strument was acknowledged before me by d this v2/00 ‘ of yr 2011. My commission expires: N3A6 024 ,//L r t Notary Publi ' '; ll e j/4 f/ 4 Encroachment Easement: Highway 6 & Eagle Road Exhibit A 0 0 12.5 25 50 Thn map *as cr..V4 W w. E.0. 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