No preview available
HomeMy WebLinkAboutC13-279 Whitewater Condomiunium Association Easement AgreementEASEMENT AGREEMENT THIS AGREEMENT (the "Agreement") is made as of the C1 day of 2013 between Whitewater Condominium Association, a Colorado non-profit corporation (" rantor" whose address is PO Box 73, Avon, CO 81620 and the Board of County Commissioners of Eagle County, Colorado, a political subdivision of the state of Colorado by and through its Board of County Commissioners with an address of Post Office Box 850, 500 Broadway, Eagle, Colorado81631 ("Grantee"). WITNESSETH: WHEREAS, Grantor is the fee owner of certain real property located in Eagle County, State of Colorado which is described as Whitewater Condominiums Phase I (the "Property"); and WHEREAS, Grantor wishes to grant to Grantee, and Grantee wishes to obtain from Grantor, an easement across a portion of the Property for purposes of placing earthen fill material for a support slope and drainage pipe to support a paved recreation trail to be located on adjacent public property, as depicted on Exhibit A for the benefit of the public. EASEMENT NOW, THEREFORE, in consideration of the foregoing premises and the following promises, the parties hereto agree as follows: 1.Grant of Easement. Grantor in consideration of the improvements to be made by Grantee and other good and valuable consideration, the sufficiency of which is hereby confessed and acknowledged, hereby grants a perpetual, non-exclusive easement which is depicted and described on Exhibit A for placement of earthen fill material for a support slope and drainage pipe collectively the "Easement") to Grantee, its successors and assigns. 2.Construction and Maintenance. Grantee shall construct, maintain, repair and replace the fill slope and drainage pipe in a manner and by means in accordance with its exclusive judgment, at its own expense and after construction shall re-vegetate the Easement. In the event that the fill slope, drainage pipe or adjacent improvements are damaged or destroyed by Grantor, its employees, agents and contractors, then Grantor shall be responsible for repair and restoration of the fill slope, drainage pipe and adjacent improvements to their condition prior to such destruction or damage. 3.Termination. If in Grantee's sole opinion, the fill slope or drainage pipe for which this Easement was originally granted is no longer necessary for any reason, Grantee may request termination of this Easement. Such termination must be in writing and will not be unreasonablywithheldbyGrantor. 4.Structures. Grantor shall not place, construct or maintain any structure on or above the surface of the Easement that would unreasonably obstruct access to or the use of the Easement as set forth in this Agreement. 5. 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 Easement 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. 6. Warranty of Title. Grantor represents that it is the record owner of the Property upon which the Easement 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. After the date hereof, Grantor shall not make or authorize any use of the Easement which is inconsistent with or interferes with the uses authorized herein. 7. Annual Appropriations. Any financial obligations of Grantee as set forth in this Agreement are subject to annual appropriations pursuant to C.R.S. 29-1-110, as amended. 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 Easement 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. 12. Recitals. The recitals set forth above are incorporated by reference thereto. Rest of Page Intentionally left Blank] IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the day andyearfirstabovewritten. GRANTOR: WHITEWATER CONDOMINIUM ASSOCIATION a Colorado non-profit corporation By: /! //,,' --- Its: / c'T "°S Li(60— j STATE OF COLORADO ) ss. COUNTY OF EAGLE The foregoing instrument was acknowledged before me this 1,1 day ofS \-erA,ef , 2013, by 13grry L 1-Ia5)-1 4n as f/0/} I rt,st AenI-o f ''t t. ve -to cLir e t C o,n 8oryt t It vm (t 5c. My commission expires: p 6 -0 2, - 20(6 seal] FABIOLA CHAVEZ C CIA 'laNOTARYPUBLIC STATE OF COLORADO N tary Public MY COMMISSION EXP RES06/02/2016 GRANTEE: EAGLE COUNTY, STATE OF COLORADO by and through its BOARD OF COUNTY COMMISSIONERS i VIP Y _____itaa_Cthotets___,-- 4 ie-P .Y Sara J. Fisher, C airman ATTEST: r o..ate C:i...etil -2 - 1,44429-(-- Clerk of the Board of County Commissioners