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Home My WebLink AboutC18-051 6 West Apartments LLC Access EasementPUBLIC ACCESS EASEMENT AGREEMENT BETWEEN 6 WEST APARTMENTS LLC AND EAGLE COUNTY, COLORADO T111PUBLIC ACCESS EASEMENT and is between 6 WE liability company ("Grantor'), and the COUP ("Grantee'), collectively, the "Parties". AGREEMENT (this "Agreement') is dated 3T APARTMENTS LLC, a Colorado limited TY OF EAGLE, STATE OF COLORADO RECITALS: A. Grantor is the owner of real property located in Eagle County, State of Colorado, legally described as Lot 1 on the Final Plat of the 6 West Apartments Subdivision, Eagle County, Colorado, recorded in the records of the Eagle County Clerk and Recorder at Reception Number _ 'LQ! 0-?Zo`7 (the "Property'). B. Grantor intends to develop the Property as an apartment community in accordance with the 6 West Planned Unit Development Guide dated October 19, , 2017, recorded on January 10, 2018 as part of Eagle County Resolution No. 2018-002 dated January 2, 2018, nunc pro tunc to the 19th day of October 2017, at Reception No.201800499 of the records of the Eagle County Clerk and Recorder (the "Resolution of Approval'). C. Pursuant to the Resolution of Approval, the Grantor has agreed to grant a public access easement for pedestrian and vehicular ingress and egress between Murray Road and the access to Highway 6 in Edwards, Colorado for the use and enjoyment of the public. NOW, THEREFORE, in consideration of the foregoing premises and following promises, Grantor and Grantee agree as follows: 1. Grant of Public Access Easement. Grantor hereby grants to Grantee a permanent, non-exclusive easement for ingress and egress (but not parking) (the "Access Easement') across and over the portion of the Property in the location described and depicted on Exhibit A, attached hereto and incorporated herein by this reference (the "Access Easement Area'D. Grantor will construct a sidewalk and a road connecting Murray Road to Highway 6 in the Access Easement Area in accordance with the 6 West Planned Unit Development Guide and the County approved site plan for the Property. The Access Easement shall be made available to and is for the benefit of the public for pedestrians, motor vehicles, motorcycles, bicycles, and police, fire, and emergency vehicles. The Access Easement may not be used for any purpose except as set forth herein. Grantor reserves and retains for the benefit of Grantor: a. All rights to use the Access Easement Area for any purpose that does not interfere with the right of the public to use the Access Easement for the purposes herein granted. Without limiting the generality of the preceding sentence, Grantor may permit residents of apartments on the Property and their guests and invitees to park vehicles Eagle County, CO 201803208 Regina O'Brien 03/01/2018 Pgs: `$ 09:42:51 AM Ci 1 d-051 REC: $0.00 DOC: $0.00 along the road located within the Access Easement Area while prohibiting public parking anywhere in the Access Easement Area or any other part of the Property. b. All rights to develop and use the Property in any manner that does not interfere with the right of the public to use the Access Easement for the purposes herein granted, including (i) the right to subdivide the Property, subject only to complying with County regulations and ordinances and any other laws that apply, (ii) the right to change the zoning of the Property, and to obtain special use permits or variances for the Property, subject only to complying with County regulations and ordinances and any other laws that apply, (iii) the right to change the use of all or any part of the Property, subject only to complying with County regulations, ordinances and any other laws that apply, (iv) the right to construct, alter, repair, and replace any improvements on the Property, subject only to complying with County regulations and ordinances and any other laws that apply, and (v) granting others the right to use any or all of the Property, including the non- exclusive right to use the Access Easement Area. C. The right to temporarily close or restrict access through the Access Easement Area: in connection with initially constructing the road or sidewalk located within the Access Easement Area, and any other improvements on the Property; in connection with maintaining, repairing, or replacing, the road or sidewalk located within the Access Easement Area, or any other improvements on the Property; and otherwise as required by any cause outside of Grantor's reasonable control. d. The right to impose vehicle speed limits and the right to place directional, wayfinding, and other signs in the Access Easement Area. e. The right to prohibit semi -trailer truck traffic (but not emergency, law enforcement, or government-owned vehicles) from using the Access Easement Area. f. Notwithstanding the foregoing, Grantor shall not allow or place, construct or maintain any structure on or above the surface of the Access Easement Area that would unreasonably obstruct access to or the use of the Access Easement as set forth in this Agreement. The Access Easement granted in this Agreement does not include the right to install or use private or public utility lines or facilities anywhere in the Access Easement Area or any other part of the Property. Grantor has no obligation to construct the road or sidewalk in the Access Easement Area unless and until it constructs the apartment buildings on the Property. 2. Maintenance, Repair and Replacement. Grantor shall construct, maintain, repair, and replace the road and sidewalk that are subject to the Access Easement at Grantor's sole cost and expense. Grantor shall clear snow and ice, trash, and other debris and shall otherwise be solely responsible for the maintenance, repair, and replacement of the road and sidewalk located within the Access Easement Area at its sole expense. 3. General. The Parties agree that this Agreement shall be perpetual. This Agreement cannot be terminated, amended, or otherwise modified without the written consent of Eagle County. This Agreement, the Access Easement, and all rights and obligations under this 7 Agreement constitute covenants running with and binding the Property. Upon any transfer of fee title to the Property, the transferor will automatically be released from all obligations and liabilities of the Grantor under this Agreement that arise and relate to any time after the transfer, and the transferee will automatically be responsible for all obligations and liabilities of the Grantor under this Agreement that arise and relate to any time after the transfer during the transferee's ownership of the Property. If the Property is legally subdivided into multiple parcels, each parcel that does not include any of the Access Easement Area will automatically be released from this Agreement. 4. 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. GRANTOR: 6 West Apartments LLC c/o Steven S. Spessard 1677 Buffehr Creek Road Vail, CO 81657 GRANTEE: Eagle County, Colorado 500 Broadway Post Office Box 850 Eagle, CO 81631 Telephone: 970-328-8605 Facsimile: 970-328-8629 And a copy to: Eagle County Attorney 500 Broadway Post Office Box 850 Eagle, CO 81631 Telephone: 970-328-8685 Facsimile: 970-328-8699 5. Enforcement. Grantor and Grantee agree that this Agreement may be enforced for specific performance, injunctive, or other appropriate relief, including damages, as may be available according to the laws and statutes of the State of Colorado. 3 6. Governmental Immunity. Notwithstanding anything in this Agreement to the contrary, Grantee shall have all of the protections available to it under Colorado law and Grantee does not waive or intend to waive the limitations of liability which are provided to it under the Colorado Governmental Immunity Act. 7. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective successor and assigns. 8. Governing Law and Venue. 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 of the State of Colorado. 9. Recording. Upon execution by the Parties, this Agreement shall be recorded in the records of the Eagle County Clerk and Recorder's Office. 10. Warranty of Title. Grantor represents that it is the record owner of the Property upon which the Access Easement Area is located and that it has full power and authority to execute this Agreement. Otherwise, Grantor makes no warranties as to the title of the easement conveyed. 11. Modifications. 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. 12. Severability. If any portion of this Agreement is held invalid or unenforceable for any reason by a court of competent jurisdiction, such portion shall be deemed severable and its invalidity or its unenforceability shall not affect the remaining provisions; such remaining provision shall be fully severable and this Agreement shall be construed and enforced as if such invalid provision had never been inserted into this Agreement. IN WITNESS WHEREOF, Grantor and Grantee, intending to legally bind themselves, have set their hands on the date first written above. Signature Page Follows 4 Signature Page to Public Access Easement Agreement GRANTOR 6 West Apartments LLC By: West Edwards Apartments LLC, its Managing Me er By: Stephen S. Spessard, its manager Eagle County, Colorado The foregoing instrument was acknowledged before me onp2 Z (10 2018 by Stephen S. Spessard as the manager of West Edwards Apartments LLC, a Colorado limited liability company, which is Managing Member of 6 West Apartments LLC, a Colorado limited liability company, on behalf of 6 West Apartments LLC. , JOSE LEONEL HERNANDEZ LNOTARY PUBLIC STATE OF COLORADO NOTARY ID 204-74046024 MY COMMISSION EXPIRES 11/07/2021 Notary Public Signature Page to Access Easement Attes�j By: ui� Regina O'Brien, Clerk to the Boar GRANTEE: COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF CQPNTY y: Z andler-Henry, J 10:I6113v I1 Depiction of Public Access Easement Area C 141 r O VQ ly f` m N W h n s 010 YI V YJ 'pQ p�pq OO tl R p m ^ N W � g g 8 r Ua � n n � m n n W .a u d W W .90'169 — M„OO,L£.00S N ! N � R?pbr22 Cb vZ \+3 rJ\ y \ m e Iz m fJ I rm N .91'4L i — 3.00,Z4.00N I N aN 001 —dl I I a I I', O i. In En I .008L A 6d 3.00.6t,. -ON vZ