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HomeMy WebLinkAboutC15-314 Blue Lake Owner's Association Encroachment EasementEagle County, CO 201515221 Teak J Simonton 08/13/2015 Pgs: 6 11:15:11 AM REC: $0.00 DOC: $0.00 EASEMENT AGREEMENT FOR BIKE PATH IMPROVEMENTS THIS EASEMENT AGREEMENT (the "Agreement") is made as of the day Of :7—v I q , 2015 between Blue Lake Owners' Association ("Blue Lake"), whose address is 189 JW Drive, Su to A, Carbondale, CO 81623 and Eagle County, Colorado, a body corporate and politic, by and through its Board of County Commissioners ("Eagle County"). Blue Lake and Eagle County shall collectively be referred to as the "Parties". WITNESSETH: WHEREAS, Eagle County is the fee owner of real property described as the JW Drive Right -of -Way (the "Property"); and WHEREAS, Blue Lake will construct an 8 foot wide bike path across a portion of the Property (hereinafter the "Improvements") which upon completion will be maintained by Blue Lake; and WHEREAS, these Improvements will provide an important public bicycle and pedestrian connection in the El Jebel area and improve safety of the roads providing a benefit to Blue Lake and to the County as a whole; and WHEREAS, Eagle County wishes to grant to Blue Lake and Blue Lake wishes to obtain from Eagle County, an easement across a portion of the Property for purposes of locating, constructing and maintaining the Improvements for the benefit of, and use and enjoyment by 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. Eagle County in consideration of the Improvements to be constructed and maintained by Blue Lake and other good and valuable consideration, the sufficiency of which is hereby confessed and acknowledged, hereby grants a perpetual, non-exclusive access easement across the Property in the location depicted on Exhibit A, which is attached hereto and incorporated herein by this reference (the "Easement Area") to Blue Lake, its successors and assigns, for the benefit of the public. The Easement Area may be used for construction, repair, replacement and maintenance of all or a portion of the Improvements, to have and to hold the same, together with all and singular the appurtenances and privileges thereunto for the proper use and benefit of Blue Lake, its successors and assigns, forever, subject only to the terms hereof. The placement of the Improvements onto Eagle County's property shall not constitute any relinquishment of Eagle County's property rights whether through claims of adverse possession or any other means. 2. Maintenance. Blue Lake shall be solely responsible for the maintenance, repair and replacement of the Improvements within the Easement Area. Blue Lake shall at all times and at its own expense maintain the Easement Area and Improvements in good and safe condition. Blue Lake's maintenance obligation shall include, but not be limited to, ensuring the Improvements and Easement Area is kept clean and free of any trash or debris and that snow removal occurs as Blue Lake may deem necessary to allow safe use of the Improvements. 3. No Liability. Eagle County by entering into this Agreement shall not assume any duty to the general public for defects in the location, design, installation or maintenance of the Improvements; for any unsafe condition on the Improvements or within the Easement Area; for failure to inspect for or warn against possible unsafe conditions on the Improvements or within the Easement Area; or to close the Improvements to public access when unsafe conditions may be present. Blue Lake shall be solely responsible for inspecting Page l C15 -31y and maintaining the Improvements and Easement Area in a safe condition. Nothing herein shall be construed as a waiver of the Colorado Governmental Immunity Act, codified at Sec. 24-10-101 et seq. CRS, and the immunity protections afforded to the County or other government entities under this statute. 4. Insurance. At the time of recording of this Agreement, Blue Lake agrees to obtain and maintain at all times commercial general liability ("CGL") insurance, which policy shall provide for insurance coverage consistent with the limits of liability under the Colorado Governmental Immunity Act. The CGL policy shall name Eagle County, its successors and assigns, as an additional insured. 5. Structures. Each party hereby reserves the right to use the Easement Area for all purposes not inconsistent with the grant of the easement set forth herein. Notwithstanding the foregoing, neither party shall place, construct or maintain any structure on or above the surface of the Easement Area that would unreasonably obstruct access to or the use of the Easement Area or Improvements as set forth in this Agreement. 6. 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. Blue Lake Owners' Association Attn: Gina Shaw Address: 189 JW Drive, Suite A, Carbondale, CO 81623 Telephone: 970-963-1900 Facsimile: 970-963-8411 Eagle County Attn: County Engineer Address: PO Box 850, Eagle, CO 81631 Telephone: 970-328-3560 Fax: 970-328 8789 7. Assignment and Successors. Neither party 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. 8. Warranty of Title. Eagle County 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. The easement rights granted herein are subject to prior, recorded grants of easements. After the date hereof, neither party shall make or authorize any use of the Easement Area which is inconsistent with or interferes with the uses authorized herein. 9. 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. Page 2 10. 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. 11. 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. 12. Recording. Upon execution by the Parties, this Agreement shall be recorded in the records of the Eagle County Clerk and Recorder. 13. No Third Party Beneficiaries. The agreements contained herein are solely for the benefit of the parties hereto and no other person or entity shall be a third party beneficiary thereof. [Rest of page intentionally left blank] Page 3 IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the day and year first above written. BLUE LAKE OWNERS' ASSOCIATION, by and through its BOARD OF DIRECTORS By:'�>S2 Its: c e -e STATE OF COLORADO ) -4-b ) ss. COUNTY OFA ) The foregoing instrument was acknowledged before me this / lay of -7—"/-f, 2015, by as Se cof Blue Lake Owne s' Association. My commission expires: 4 hZb 17, U 1 `1 [seal] --- APRIL BUSIORK NOTARY PUBLIC Notary lic STATE OF COLORADO NOTARY ID 20074028238 W COMMISSION EXPIRES 7-23.2019 Page 4 COUNTY OF EAGLE, STATE OF COLORADO, by and through its B ARD OF COUNTY COM ISSIONERS l By: Its: STATE OF COLORADO ) ) ss. COUNTY OF EAGLE ) ,The foregoing instrument was acknowledged before me this &Z o 2015, by (,�� y {�y.�/� (' l�l�d_;ti /) of County of Ea e, State of Colorado. My commission expires: % `1 E AH L CHURCHILL NOTARY PUBLIC STATE OF COLORADO NOTARY ID 0 20034005484 MMISSION EXPIRES MARCH 24 2018 Notary Public Page 5