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HomeMy WebLinkAboutC13-156 Water Main Easement with TOGC13-156 twenty -foot (20') wide easement for the purpose of excavating for, constructing, installing, maintaining, inspecting, repairing, replacing, operating, changing, altering, and removing an underground Water Main, including all necessary facilities, utilities, manholes, and piping, upon, and across Grantor's Property as more particularly described in Exhibit A, Water Main Legal Description, and Exhibit B, Water Main Alignment, attached hereto and incorporated herein by reference. TOGETHER with necessary and reasonable access for equipment and personnel from Grantor's Property and the adjacent public rights -of -way and otherwise by such route as shall occasion the least practicable damage and inconvenience to Grantor's Property and as may be necessary to exercise, maintain, and repair the easement all subject to the terms set forth herein. 2. Future Service to Grantor's Property Grantor shall have the right to tap onto the Water Main to service future development on Grantor's Property, subject to 1) all tap and inspection fees as determined by the Gypsum Municipal Code; and 2) Grantee having sufficient water system capacity to serve Grantor at the time. In any case, use of Grantee's water system capacity is on a "first come, first serve" basis throughout the Town of Gypsum and sufficient capacity may not be available when building permits are requested. For the purpose of this Easement, insufficient water system capacity to serve Grantor's Property means insufficient system capacity of any kind or nature, including but not limited to water, water rights, treatment capacity, distribution capacity, and Water Main capacity. Except for facilities used directly by Grantor or the Colorado Army National Guard's High - Altitude Army Aviation Training Site such use of the Water Main may also be subject to payment to the Colorado Army National Guard for the benefit of its pro rata share of the actual design, construction, and installation costs and expenses for the Water Main. 3. Operations, Maintenance, and Repair Cost Grantee shall operate, maintain, repair, and replace the Water Main after the successful warranty period has been completed. Prior to completion of the warranty period, the Water Main shall be operated, maintained, repaired by the entity constructing it. Grantee shall be responsible to ensure that the easement area is maintained in a manner which will prevent erosion and damage to the easement area. 4. Whenever, in the reasonable opinion of Grantor, the pipeline interferes with its use of or operations on the premises, Grantor may, at its own expense and risk and consistent with Gypsum Public Works standards, lower or relocate and reconstruct the pipelines to the depth or along the route specified by Grantor in the request. Grantee will cooperate in engineering any such relocation. Upon a relocation affecting the legal description of the easement, Grantor shall give written notice of 2 the new location to Grantee and record the revised description as an addendum to this Water Main Easement. Grantor may modify the depth of the Water Main, upon following the Water Main Modification Construction Procedures attached hereto and incorporated herein as Exhibit C. 5. Grantor reserves the right to use and enjoy the easement property to the fullest possible extent without unreasonable interference with the exercise by Grantee of the rights granted herein. Grantor reserves the right to place along, across and over the easement as many roads, streets, sidewalks, passageways, electric lights and power lines, water lines, sewer lines, gas lines, telephone poles, telephone lines and other utilities as grantor may desire. However, the rights related to such utilities shall be subordinate to the rights of Grantee granted herein. If any utility line is placed parallel to the easement, these lines shall not be placed directly over any pipeline in the easement. 6. The final grade of the surface in areas of the easement property in which initial construction or reconstruction of a pipeline will take place shall be the same as the grade in the easement area before any work begins. Grantee shall in no circumstances alter the grade of the land surface, and any temporary alteration necessary for pipeline construction or service shall be promptly restored. 7. The rights herein include the rights to install above -ground structures appurtenant to the pipelines, provided that such structures shall be kept to a minimum reasonably required for the operation and maintenance of the pipeline; and provided further that above -ground structures within safety areas are frangible breakaway fixtures and do not exceed a height of more than three inches (3 ") above the surface grade, or such lesser height as may be required to conform to Federal Aviation Administration rules and regulations applicable to the Airport. 8. Any impacted concrete or asphalt shall be restored to match existing asphalt or concrete after compaction and rolling, with reinforcement, to an equivalent strength of 4,000 PSI concrete, on 3/4" aggregate with slump of 3 or 4, air entrained. If using asphalt, asphalt shall be applied in lifts not to exceed three inches prior to compaction. 9. Access to the fenced areas of the Airport shall be limited to the times and routes designated from time -to time by and at the sole discretion of the Grantor. In all events, persons accessing such areas must comply with the Airport Security Plan, Federal Aviation Administration security rules and regulations, and such other Airport Rules and Regulations as may be applicable to the Airport. 3 10. Emergency construction, reconstruction, replacement, removal, repair and maintenance within the fenced areas of the Airport shall require prior notice to the Airport Manager or his designee and coordination with the Grantor to minimize the impact on Airport operations. Non - emergency construction, reconstruction, replacement, removal, repair and maintenance within the fenced areas of the Airport shall require at least 48 hours prior notice to the Airport Manager or his designee, and shall be limited to off-peak air traffic hours as designated from time to time by and at the sole discretion of the County. 11 Access to the areas of the easement not within the fenced areas of the Airport shall be at all reasonable times with a view to minimizing interference with Airport operations and Airport customers. 12. Grantee agrees that it shall maintain and use the easement granted by this instrument in such a manner that the operation of it will not hinder or prevent the proper and reasonable use and enjoyment of the property through which the easement is granted. 13. Notices Any notice to be given to any party pursuant to any provision of this Easement shall be in writing and shall be: (i) hand delivered to such party, or (ii) sent by telecopy to the telecopy number listed below, or (iii) sent by federal express or other nationally recognized overnight courier service to the address set forth below. If hand delivered, notice shall be deemed received when delivered; if telecopied, notice shall be deemed received upon confirmation of receipt; and if sent by Federal Express or other nationally - recognized overnight carrier service, notice shall be deemed received one business day after having been deposited with such overnight courier service if designated for next day delivery addressed as follows: Grantor: Eagle County Airport Physical Address: 219 Eldon Wilson Road Gypsum, CO 81637 Fax: (970) 328 -2687 Mailing Address: Eagle County Airport Post Office Box 850 Eagle, CO 81631 With a copy to: Eagle County Attorney Eagle County 500 Broadway 4 Post Office Box 850 Eagle, CO 81631 Fax: (970) 328 -8699 Grantee:. Town Manager Town of Gypsum 0050 Lundgren Boulevard P.O. Box 130 Gypsum, CO 81637 Fax: (970) 524 -7522 14. Binding Effectffect This easement and the rights provided herein are not assignable by Gypsum except to a public entity in the event the water system is transferred by Gypsum to such public entity. In such event, Gypsum shall promptly give notice to County of the assignment. Without limiting the provisions of the preceding sentence hereof, this Water Main Easement shall inure to the benefit of and be binding upon the parties, their heirs, devisees, successors, and assigns, and shall run with the Grantor's Property. 15. Duly Authorized Signatories By executing this Easement, the undersigned each individually represent that he or she is duly authorized to execute and deliver this Easement and that the subject Party shall be bound by the signatory's execution of this Easement. EXECUTED as of the date first written above. COUNTY OF EAGLE, ST. Throush ts -BOARD OF C By: _ Jon S GRANTEE By: Name: OF COLORADO, By and TY COMMISSIONERS 5 V01114 IIAIN :U A description of a water line easement located in parts of TRACTS 55, 56, 58 and 59, Section 3, TSS, R88W of the 6th P.M., Eagle County, State of Colorado, described as follows: For: Town of Gypsum. LEGAL DESCRIPTION A 10.00 foot wide easement being 5.00 feet either side of easement centerline located in parts of said TRACTS 55, 56, 58 and 59, as shown in Book 1, Page 638 of the Eagle County Land Survey Plat records described as follows: COMMENCING Southwest Corner of Parcel 3 in said TRACT 55, from which the Northwest Corner of Parcel 3 bears, North 00 degrees 51 minutes 00 seconds East, 200.00 feet (Basis of Bearing) along the West Line of said Parcel 3, thence North 89 degrees 08 minutes 56 seconds West, 1026.26 feet along the North Line of the Eagle County Airport as shown in Book 1, Page 638; thence South 08 degrees 14 minutes 55 seconds East, 17.81 feet to the TRUE POINT OF BEGINNING of Line "A" the centerline to be herein described; Thence South 08 degrees 14 minutes 55 seconds East, 123.25 feet to a point hereinafter referred to as Line `B "; Thence South 08 degrees 14 minutes 55 seconds East, 76.24 feet; Thence South 19 degrees 26 minutes 09 seconds West, 20.48 feet; Thence South 81 degrees 46 minutes 42 seconds West, 136.98 feet; Thence South 36 degrees 46 minutes 42 seconds West, 11.75 feet; Thence South 03 degrees 27 minutes 37 seconds East, 98.40 feet to a point hereinafter referred to as Line "C "; Thence South 08 degrees 24 minutes 21 seconds East, 228.93 feet; Thence South 53 degrees 30 minutes 30 seconds East, 22.71 feet; Thence North 81 degrees 23 minutes 21 seconds East, 76.32 feet; Thence North 34 degrees 28 minutes 53 seconds East, 15.93 feet; Thence North 12 degrees 25 minutes 36 seconds West, 49.64 feet; Thence North 36 degrees 53 minutes 08 seconds East, 65.28 feet to a point hereinafter referred to as Line "D "; Thence North 36 degrees 53 minutes 08 seconds East, 104.37 feet; Thence North 56 degrees 30 minutes 01 seconds East, 41.06 feet; Thence North 82 degrees 17 minutes 40 seconds East, 190.78 feet; Thence North 73 degrees 47 minutes 11 seconds East, 82.50 feet; Thence North 83 degrees 56 minutes 02 seconds East, 120.26 feet to a point hereinafter referred to as Line "E"; Thence North 89 degrees 05 minutes 58 seconds East, 32.42 feet; Thence North 48 degrees 18 minutes 34 seconds East, 16.55 feet; Thence North 00 degrees 11 minutes 55 seconds East, 23.53 feet; Thence North 09 degrees 43 minutes 52 seconds East, 179.69 feet to a point hereinafter referred to as Line "F"; Thence North 09 degrees 43 minutes 52 seconds West, 13.76 feet; Thence North 03 degrees 41 minutes 18 seconds West, 62.77 feet and said Line "A" there terminating; Together with Line `B" described as Beginning at said previously noted point Line `B" thence, South 81 degrees 45 minutes 05 seconds West, 11.81 feet and said Line `B" there terminating; and Line "C" described as Beginning at said previously noted point Line "C" thence, South 86 degrees 32 minutes 23 seconds West, 59.71 feet and said Line "C" there terminating; and Line "D" described as Beginning at said previously noted point Line "D" thence, North 53 degrees 06 minutes 52 seconds West, 15.48 feet and said Line "D" there terminating; and Line `B" described as Beginning at said previously noted point Line "E" thence, North 00 degrees 54 minutes 02 seconds West, 16.27 feet and said Line "E" there terminating; and Line "F" described as Beginning at said previously noted point Line "F" thence, South 80 degrees 16 minutes 08 seconds West, 49.48 feet and said Line "F" there terminating; Area = 19113.9438 square feet (0.488 acres), more or less includes all segments of said 10.00 foot wide easement. PART "A" OF 2 PARTS SEE EXHIBIT `B" OF 2 PARTS MSRH = T NOLL33S 1NOdMIV 1VN0103N .11Nf100 31JV3 8. 1181HX3 04 y O 04 U u Spy a ONNOISIA31131tl0 U u Spy a m t ai N m U$° 3a Y I a Z d pmO cr Z;'s m V, W Z n9 oa 7 O cai Ln w SasE 3W U I aaYg Q a_ w m S N m m N O I, m N W I C7 m Opj Z N z!9 NO I i3 o$° a O H 07c1Na3 1 m N-OZ•m-Z.-Zm3 11 Ii 1 zz N ii ii O Oo a a N OO 1 1 1 N N 1 1 O O 11 cc 7 5^ W pn Z a d n O N W 3 W 0tO W c IV mN I cn 1 j1 c NI O Z j I Z 11 W 11 0 j 11 m O o O m 1;ZV' m W W FMO ll wMZ P O m i0 3 N io m C NDLO14C14 N ZtD N(O zumj'Z Z 'IT B ig I C\l ui CN 07 lL 11 g 1 N - 1It jlIt r0 1 m Omi cD N lO )W NmV co m < m 1 m N Z N r m ao W C4 N rn ----1 i--m v d N DmV i el6 _Plat W rArnrcdsel Z OO CC',lO I I ehmann PnlionReceptionN. 200817 m N rn Jd6 C-4 r;a N N U)c) g O m vi U) I n I I .I V N DO WATER MAIN MODIFICATION CONSTRUCTION PROCEDURES 1. Design Phase a) Design Plans Prior to commencing construction to modify the depth of the Water Main, Grantor shall submit to Grantee for its approval detailed design plans, stamped by a professional engineer registered in the State of Colorado. b) Design Standards Construction related to modifying the depth of the Water Main shall be in accordance with the submittal requirements generally applicable to subdivision improvements throughout Grantee's jurisdiction, as specified in the Gypsum Public Works Manual in effect at the time Grantee gives approval for construction, except as such submittal requirements are expressly modified by this Exhibit C. c) Approval of Design Plans Grantee shall approve Grantor's stamped plans or provide Grantor a written explanation of required changes in a timely fashion. In the event any errors or omissions are discovered in the approved design plans, or in the event any modifications need to be made for any other reason to the approved design plans, Grantor shall submit to Grantee for approval a modified design plan stamped by a registered professional engineer. Construction to modify the depth of the Water Main shall not commence until Grantee has approved Grantor's design plans, or continue in deviation from approved design plans unless Grantee has approved in writing modified design plans. d) Safety Plan Prior to construction of the Water Main, Grantor or its contractor shall develop and provide for review and approval by the Eagle County Airport Manager a Safety Plan prepared in conformance with the FAA Safety Management System required for construction inside the Airport Operating Area perimeter fence. 2. Public Improvement Installation Procedure The following procedure shall be followed regarding the modification of the depth of the Water Main: 00211258.DOC/ 5} G1 a) Plan Submission Grantor shall submit stamped, detailed design plans to Grantee for approval as provided in this Exhibit C. Construction shall not begin without Grantee's approval of detailed design plans. b) Pre - Construction Meeting There shall be an on -site pre - construction meeting between Grantor's engineer and construction manager, Grantee's engineer and construction inspector, foremen from each general contractor and sub- contractor, and Grantor's geotechnical engineer for the purpose of establishing appropriate lines of communication and other necessary details of the construction. c) Geotechnical Engineer Grantor must contract with a registered geotechnical engineer to provide inspection, and testing if required, during the construction process. Copies of all testing must be provided to Grantee. Grantor must provide Grantee with written verification of compliance with all geotechnical specifications. d) Notic of Commencement Grantor shall give one (1) week notice to Grantee in advance of beginning construction to modify the depth of the Water Main, describing the time schedule for construction or installation. e) Stop Work If Grantee determines that construction or installation is not complying with approved plans, the Gypsum Public Works Manual or generally accepted construction practices, Grantor shall stop work at Grantee's direction until corrections are made. Should Grantor dispute Grantee's decision, it may appeal the determination to Grantee's project engineer. f) Testing Grantor shall perform testing and allow Grantee to inspect construction or installation at times and frequencies determined necessary by Grantee in its sole direction. Construction shall not proceed beyond required inspections or testing unless approved by Grantee. g) Failed Tests Grantor shall contact Grantee upon the failure of any performance testing, and any time problems arise which may prevent construction or installation in accordance with the approved plans. h) Covering Excavation No excavation, facility or improvement, including the Water Main, shall be covered until inspected by Grantee, or until such inspection is waived in writing. i) Conveyance to Grantee At the discretion of Grantee, the modified Water Main shall be conveyed to Grantee by bill of sale, free and clear of any and all liens and encumbrances. 00211258.000 / 5} C-2 0) Time for Completion The required time for completion of the modified Water Main shall be forty -five (45) days from commencement of construction. If such construction is not completed within the required time, Grantee may use the construction security to complete the construction. 3. As -Built Drawings Grantor shall provide a reproducible mylar and AutoCad file of the as -built survey of the modified Water Main, prepared by a professional land surveyor showing horizontal and vertical locations. Such survey must be completed prior to any back fill, and will constitute a condition precedent to the release of any Construction Security. 4. Construction Security a) Amount Construction security shall be in the amount of one hundred percent (100 %) of the Engineer's cost estimate submitted and approved as part of the design plans. b) Release As the modified Water Main is completed, inspected, approved and conveyed to Grantee, the construction security shall be released. 5. Warranty. a) Warranty Period The warranty period for the modified Water Main shall commence on the date of final written acceptance or approval of the modified Water Main and continue for three (3) years. Should Grantee, because of weather or otherwise i) be unable to make proper inspection of the modified Water Main to determine whether any repairs and replacements are necessary prior to the expiration of the Warranty Period; or (ii) fail to provide written acceptance or approval prior to the expiration of the Warranty Period, then the Warranty Period shall be extended for such time as is reasonably necessary to allow inspection and formal notice of acceptance or any needed or necessary repairs and replacements. Notwithstanding any other provision of this Agreement to the contrary, should final acceptance and approval of the modified Water Main occur between August 1 and June 1, then the warranty period shall be extended to June 2 following the otherwise applicable warranty period. b) Scope For the full warranty period after Grantee's written final acceptance and approval of the modified Water Main, Grantor shall warrant the construction, installation, and survivability of the improvements, and at Grantor's sole cost and expense make all needed and necessary repairs and replacements due to defective materials, design or workmanship, breach of contract or failure to abide by the submittal requirements or design plans or other approved plans or standards, but not associated with ordinary and normal wear and tear. If after thirty (30) days from mailing of a written notice to Grantor requesting repairs, which thirty (30) days shall be extended ooziizss.DOC /s} C -3 for weather conditions preventing such work, Grantorshall not have undertaken with due diligence such maintenance or repairs, then Grantee may make the same at Grantor's expense. In case of emergency, as determined in the sole discretion of Grantee, such thirty (30) day period is waived. c) Warranty Security At the time of final acceptance and approval of the modified Water Main, Grantor shall post warranty security to secure such warranty obligations. This obligation is separate from the Grantor's obligation under this Exhibit C to post construction security. Such warranty security shall remain in place and be available to Grantee through the full warranty period. The Warranty Security shall be in an amount equal to 15% of the actual costs of modifying the Water Main, unless Grantee determines in writing that a higher amount is necessary or a lower amount is adequate. d) Warranty Period for Repairs In the event of any needed and necessary repairs or replacements during the warranty period, the Grantor's warranty obligations and full warranty period shall apply anew to the improvement or component part thereof repaired or replaced commencing the day the repair or replacement is accepted or approved by Grantee. 6. Form of Security The construction and warranty security shall be in the form of a letter of credit, cash or other financial security that is easily convertible into cash in a form acceptable to Grantee. f00211258.DOC / s} C -4