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HomeMy WebLinkAboutC19-085 Crawford Properties LLCDocuSign Envelope ID: 3E13B57F-595E-4FCF-8ADA-DF61B06E1AAC EASEMENT AGREEMENT FOR SIDEWALK AND DRAINAGE IMPROVEMENTS THIS EASEMENT (hereinafter "Easement Agreement") is made and entered into this 3/12/2019 , by and between Crawford Properties, LLC, a Colorado limited liability company (hereinafter "Crawford") and Eagle County, Colorado, a body corporate and politic, by and through its Board of County Commissioners (hereinafter "Eagle County"). WITNESSETH: WHEREAS, Crawford owns the property more particularly described on Exhibit A, attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, Eagle County is performing certain construction for installation of a roundabout at the intersection of Shadowrock Drive and El Jebel Road, improvement of certain related ingress/egress, widening and improvement of El Jebel Road, as well as the construction of sidewalks and drainage improvements along El Jebel Road and Shadowrock Drive, all located in Eagle County, Colorado (the "Project"); and WHEREAS, the Project will require construction of sidewalk and drainage improvements on the Property as further described by the Project plans, attached hereto as Exhibit B and incorporated herein by this reference (the "Improvements"); and WHEREAS, Crawford has agreed to grant Eagle County perpetual, non-exclusive easements for the purpose of installation, construction, and maintenance of the Improvements on the Property pursuant to the terms and conditions of this Agreement. WHEREAS, changes were made during construction which require two additional permanent easements in addition to the permanent easements which were granted by Crawford in the Easement Agreement approved on November 15, 2016, and recorded at Reception Number 201619551 in the records of the Eagle County Clerk and Recorder. NOW, THEREFORE, in consideration of the terms and covenants stated herein, the sufficiency of which is hereby acknowledged, Crawford and Eagle County agree as follows: EASEMENT GRANT: Crawford hereby grants and conveys to Eagle County, its successors and assigns, non-exclusive, perpetual easements for the purpose of excavating for, constructing, installing, changing, maintaining, inspecting, repairing, replacing the Improvements over, under, across, and through portions of the Property described by the legal descriptions attached hereto as Exhibit A and at the locations shown on the Project right-of-way plans attached hereto as Exhibit B (collectively the "Permanent Easement"). The Permanent Easement granted by this Easement Agreement and the Improvements to be located thereon shall be used by the public. DocuSign Envelope ID: 3E13B57F-595E-4FCF-8ADA-DF61B06E1AAC The Permanent Easement granted by this Easement Agreement is non-exclusive, and Crawford reserves the right to use for itself and to grant to others rights over, under, across, or through the Permanent Easement, provided that they do not damage or unreasonably interfere with the Permanent Easement or the structural support of the overlying Improvements. Without limiting the foregoing, Crawford reserves the right to place along, across, under, over, and through the Permanent Easement as many electric lines, power lines, waterlines, sewer lines, gas lines, telephone lines and other utilities as Crawford may deem necessary, as well as landscape improvements such as plant materials, grasses, trees, entry features, street-scape, and hard-scape subject only to the right of Eagle County to use the same for the purposes herein granted. The placement of the Improvements onto Crawford's property shall not constitute any relinquishment of Crawford's property rights whether through claims of adverse possession or any other means. CONSTRUCTION AND MAINTENANCE OF IMPROVEMENTS: All Improvements for the Project have been constructed. As of the date of final completion of such Improvements, , Crawford will, at its sole cost and expense, provide all maintenance, including replacement, necessary to repair any damage to or to maintain the sidewalk portion of the Improvements in a safe and serviceable condition whether on Eagle County or Crawford property. Eagle County shall be solely responsible for repair of any damage to or maintenance, including replacement, of the curb and gutter and storm sewer and other drainage improvements constructed as part of the Improvements whether on Eagle County or Crawford property. As of the date of final completion of the Improvements, Eagle County shall have no further obligations related to the sidewalk portion of the Improvements, financial or otherwise. Crawford assumes all liabilities associated with the on-going maintenance, repair and replacement of the sidewalk portion of the Improvements. Accordingly, to the extent permitted by law, Crawford agrees to release, indemnify and save harmless Eagle County, its officers, agents and employees against any and all claims, causes of action, damages or liabilities of any kind arising out of this Easement Agreement, damage to real or personal property, or injury and/or death to persons resulting in any way from the performance or nonperformance by Crawford hereunder including the acts and omissions of its agents, employees, contractors and subcontractors. ENFORCEMENT REMEDIES: Crawford and Eagle County agree that the rights and obligations set forth in this Easement 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. It is specifically understood that by executing this Easement Agreement, both Crawford and Eagle County commit themselves to perform pursuant to the terms and conditions contained herein. In the event that an action is brought to enforce this Easement Agreement, the K DocuSign Envelope ID: 3E13B57F-595E-4FCF-8ADA-DF61B06E1AAC prevailing party shall be responsible for the recovery of its costs and fees, including reasonable attorney's fees. MISCELLANEOUS: This Easement Agreement shall be governed and construed in accordance with the laws of Colorado. Venue for any action arising out of any dispute pertaining to this Easement Agreement shall be in Eagle County, Colorado. This Easement Agreement and the rights and obligations created hereby shall be binding upon and inure to the benefit of Crawford and Eagle County and their respective successors and assigns. Nothing herein expressed or implied is intended or should be construed to confer or give to any person or entity other than Crawford and Eagle County and their respective successors and assigns, any right, remedy or claim under or by reason of any covenant or condition herein contained. If any portion of this Easement 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 provisions shall be fully severable and this Easement Agreement shall be construed and enforced as if such invalid provision had never been inserted into this Easement Agreement. This Easement Agreement may be amended, modified, changed, or terminated in whole or in part only by written agreement duly authorized and executed by both Crawford and Eagle County. This Easement Agreement represents the full and complete understanding of Crawford and Eagle County and supersedes any prior agreements, discussions, negotiations, representations or understandings of Crawford and Eagle County with respect to the subject matter contained herein. The parties hereto agree that neither has made or authorized any agreement with respect to the subject matter of this instrument other than expressly set forth herein, and no oral representation, promise, or consideration different from the terms herein contained shall be binding on either party, or its agents or employees hereto. Crawford represents that it is the record owner of the Property upon which the Permanent Easement is located and that it has full power and authority to execute this Agreement. This Permanent Easement is granted subject to prior, recorded grants of easements. Crawford shall not make or authorize any use of the Permanent Easement which is inconsistent with or interferes with the uses authorized herein. Crawford and Eagle County shall insure themselves separately against liability, loss and damages arising out of the use of the Easements. Eagle County, its elected officials, officers, agents and employees are relying upon and do not waive or abrogate, or intend to waive or abrogate by any provision of this Easement Agreement the monetary limitations or any other rights immunities or protections afforded by the Colorado Governmental Immunity Act, C.R.S Section 24-10-101, et. seq., as the same may be amended. 3 DocuSign Envelope ID: 3E13B57F-595E-4FCF-8ADA-DF61B06E1AAC All financial obligations of Eagle County under and pursuant to this Easement Agreement are subject to prior appropriations of monies expressly made by Eagle County for the purposes of this Easement Agreement. No elected official, director, officer, agent or employee of Eagle County shall be charged personally or held contractually liable by or to the other party under any term or provision of this Easement Agreement or because of any breach thereof or because of its or their execution, approval or attempted execution of this Easement Agreement. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. The parties approve the use of electronic signatures for execution of this Agreement. Only the following two forms of electronic signatures shall be permitted to bind the parties to this Agreement: (i) Electronic or facsimile delivery of a fully executed copy of the signature page; (ii) the image of the signature of an authorized signer inserted onto PDF format documents. All documents must be properly notarized, if applicable. All use of electronic signatures shall be governed by the Uniform Electronic Transactions Act, C.R.S. 24-71.3-101 to 121. Any notice required or permitted under this Easement Agreement shall be in writing and shall be hand -delivered or sent by registered or certified regular mail, postage pre -paid to the addresses of the Parties set forth below. Each party by notice sent pursuant to this paragraph may change the address to which future notices should be sent. Notice to County: Ben Gerdes Eagle County Engineer 500 Broadway Post Office Box 850 Eagle, Colorado 81631 And a copy to: Eagle County Attorney 500 Broadway PO Box 850 Eagle, CO 81631 Telephone: 970-328-8685 Facsimile: 970-328-8699 Notice to Crawford: Crawford Properties, LLC 60 El Jebel Road, Unit 105 Carbondale, CO 81623 4 DocuSign Envelope ID: 3E13B57F-595E-4FCF-8ADA-DF61B06E1AAC IN WITNESS WHEREOF, CRAWFORD and EAGLE COUNTY have executed this Easement Agreement this /;Z;rk day of F�br��.,r., , 2019. Attest: By: _ Title: STATE OF COLORADO ) } ss. COUNTY OF EAGLE ) CRAWFORD PROPERTIES, LLC, a Colorado limited liability company By: Title: e.17ieS Az -e - The foregoing instrument was acknowledged before me this 12 day of -FaEAUU, 2019, by _bJJhAbrgr j , Manager of Crawford Properties, LLC, a Colorado liiability company. My commission expires: [seal] KAYLA M WARREN NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20164030838 MY COMMISSION EXPIRES AUGUST 18, 2020 Notary li DocuSign Envelope ID: 3E13B57F-595E-4FCF-8ADA-DF61B06E1AAC COUNTY OF EAGLE, STATE OF COLORADO, by and through its BOARD OF COUNTY COMMISSIONERS: DocuSigned by: By: �ocuS�ne Jed &MMM'hey, Chair Attest: By: F�uSigned by: ;" (VtViwi, R n�014�ri,vrn-, Clerk to the Board DocuSign Envelope ID: 3E13B57F-595E-4FCF-8ADA-DF61B06E1AAC EXHIBIT A Legal Description of Permanent Easement DocuSign Envelope ID: 3E13B57F-595E-4FCF-8ADA-DF61B06E1AAC EXHIBIT "A" PROJECT CODE: 19212 PROJECT NUMBER: SHO 0821-100 PERMANENT EASEMENT NUMBER: PE -11 DATE: MAY 7, 2018 LEGAL DESCRIPTION A Permanent Easement No. PE- lI of the Eagle County, State of Colorado, Project Code 19212, Project Number SHO 0821-100, containing 770 square feet (0.0177 acres), more or less, situated within Parcel A, Crawford Properties, LLC. Type A Minor Subdivision according to the Plat recorded as Reception No. 201512971 in the Eagle County records, also lying in Section 34, Township 7 South, Range 87 West of the 6th Principal Meridian, County of Eagle, State of Colorado, more particularly described as follows: Commencing at the Southeast Corner of Section 34, being monumented with a 2 %" General Land Office Survey Brass Cap, properly marked and dated 1924; Thence N83'2 1'52"W a distance of 1217.06 feet to a point on the existing El Jebel Road Right of Way, (ROW) as described in the Deed of Dedication recorded as Reception No. 846476, the TRUE POINT OF BEGINNING: 1. Thence S38°58'48"W a distance of 12.49 feet; 2. Thence 11.86 feet along a curve to the right with a radius of 32.00 feet, a central angle of 21'13'49", the chord of which bears S49°35'42"W a distance of 11.79 feet; 3. Thence 17.73 feet along a curve to the right with a radius of 104.00 feet, a central angle of 09°46'02", the chord of which bears S65°05'38"W a distance of 17.71 feet; 4. Thence 17.81 feet along a curve to the left with a radius of 12.00 feet, a central angle of 85°03'16", the chord of which bears S27°27'01 "W a distance of 16.22 feet; 5. Thence S15°04'38"E a distance of 4.18 feet; 6. Thence S 81 °49' 13 "W a distance of 11.27 feet; 7. Thence N32°18'42"E a distance of 91.84 feet to a point on said El Jebel Road ROW; 8. Thence S01°18'35"W along said El Jebel Road ROW a distance of 20.00 feet; 9. Thence S01°18'35"W along said El Jebel Road ROW a distance of 13.09 feet to the TRUE POINT OF BEGINNING: The above described Permanent Easement contains 770 square feet (0.0177 acres), more or less. The purpose of the above described Permanent Easement is for sidewalk, drainage, and maintenance. Basis of Bearings: All bearings are based on a bearing of S45°12'21"E a distance of 6947.20 feet between found Colorado Department of Highways State Highway 82 Control Monuments at Mile Post 18.6 and Mile Post 19.9. Legal Description Created By: Robert E. Brandeberry o�Pp0 LIC Colorado PLS # 38388 .o~' : ' a.1Vofi For, and on behalf of SGM and Eagle County 38388 - : 61 Z7IT� s' �r0�'A[L AN0 DocuSign Envelope ID: 3E13B57F-595E-4FCF-8ADA-DF61B06E1AAC EXHIBIT "A" PROJECT CODE: 19212 PROJECT NUMBER: SHO 0821-100 PERMANENT EASEMENT NUMBER: PE -1J DATE: MAY 7, 2018 LEGAL DESCRIPTION A Permanent Easement No. PE -1J of the Eagle County, State of Colorado, Project Code 19212, Project Number SHO 0821-100, containing 400 square feet (0.0092 acres), more or less, situated within Parcel A, Crawford Properties, LLC. Type A Minor Subdivision according to the Plat recorded as Reception No. 201512971 in the Eagle County records, also lying in Section 34, Township 7 South, Range 87 West of the 6th Principal Meridian, County of Eagle, State of Colorado, more particularly described as follows: Commencing at the Southeast Corner of Section 34, being monumented with a 2 %" General Land Office Survey Brass Cap, properly marked and dated 1924; Thence N76°40'59"W a distance of 1238.91 feet to a point on the existing El Jebel Road Right of Way, (ROW) as described in the Deed of Dedication recorded as Reception No. 846476, the TRUE POINT OF BEGINNING: Thence N52°19'35"W a distance of 7.65 feet; 2. Thence 19.18 feet along a curve to the right with a radius of 21.00 feet, a central angle of 52'19'35", the chord of which bears N26°09'48"W a distance of 18.52 feet; 3. Thence N00°00'00"E a distance of 12.63 feet to a point on the existing Gillespie Dr. 50 foot wide Public Easement as described in the document recorded as Reception No. 200609388; 4. Thence S89°03'31 "E along said Gillespie Dr. Public Easement a distance of 14.99 feet to a point on said El Jebel Road Right of Way; 5. Thence S01°18'35"W along said El Jebel Road ROW a distance of 33.69 feet to the TRUE POINT OF BEGINNING: The above described Permanent Easement contains 400 square feet (0.0092 acres), more or less. The purpose of the above described Permanent Easement is for sidewalk, drainage, and maintenance. Basis of Bearings: All bearings are based on a bearing of S45°12'21"E a distance of 6947.20 feet between found Colorado Department of Highways State Highway 82 Control Monuments at Mile Post 18.6 and Mile Post 19.9. Legal Description Created By: moo Robert E. Brandeberryfto Colorado PLS # 38388For, and on behalf of SGMand Eagle County88 11�ANS DocuSign Envelope ID: 3E13B57F-595E-4FCF-8ADA-DF61B06E1AAC EXHIBIT B Project Plans DocuSign Envelope ID: 3E13B57F-595E-4FCF-8ADA-DF6lB06E1AAC It cliIVM Co O o� O X O Z 'u-) U M O � O coo H .0 Z o Z =M LU Q U) Z Z o N�00- w � O �I M o z 0 I� p4 O �\ S w I q r N I m M Qwo n co � O W j z Lu z I Z I � a 0 � %t2 -------------- Q O � 0G Q o � co C J W J O N O) 00 O WCL W Z Z N co w Ld w p M N W < umoo' � O d J J J J J O M Mid cn I IN IN OWN Oz Q J o m W m W :=n p oo U O� �C3 N HID 2J N W J W g M L y C O O W JpO U E o U N O cD Z J o y O U N W O O .O V c s O a a O o n + E Ov C N Mtn�O �i 30 ? - a) 0 L6 30 00 O 00 TUU O Of O a � O Op L - O M 0 0 0 Ob =3 O 2UN V) m M M O -0�O I� O� W w Q L z C O o W F— J o � O U 'N V / It cliIVM Co O o� O X O Z 'u-) U M O � O coo H .0 Z o Z =M LU Q U) Z Z o N�00- w � O �I M o z 0 I� p4 O �\ S w co M rn O z LO ` - M W '"- 0 CO rn D- 6mM V D]ZM O c c w d 2 .� O O O V1 :t N to -N O 00 N F O U cn I q I d �co d m I m M Qwo I co � O W m N py o Z I ch a> 'd ti I � a I O to 00 -------------- I co M rn O z LO ` - M W '"- 0 CO rn D- 6mM V D]ZM O c c w d 2 .� O O O V1 :t N to -N O 00 N F O U cn ID7 in j\� I I I I I I I I J ^ N 7 M W (D g: W W N N C � O _ O ro 00 � O � ... o Q o o co C J 0 N f O O O) 00 O c 0 Z Z N co w a w p M oo W N Z � O d J J J J J O M Mid ID7 in j\� I I I I I I I I J 00 00 � O W (D N N � O ro 00 � O � ... o 01 r) 00 M co W U N c 0 C J D w w w p M O W N Z � O N O M Mid I IN IN OWN I OR l0 N O 0A U J HID cI4 01 M O U Lo oo O N O cD O o W O O M s M oo r- ID7 in j\� I I I I I I I I J 00 00 � O W (D O ro 00 u7 N ... o 01 r) 00 M co W M co N C J D Oj c" p M O Z IFIVIN Mid I IN IN OWN I OR 0A J ID7 in j\� I I I I I I I I } 4 �♦ IFIVIN Mid I IN IN OWN I OR 0A DocuSign Envelope ID: 3E13B57F-595E-4FCF-8ADA-DF61B06E1AAC N w Z o0 m Q w J Q _3 O o a uico I Q LL IY NW W O Lll 000 w LUm >z> O N W W vC L O 0 Z J 012 L 0- 00 Q)o C7 a a O O 3 a � ro O V)M O UQ ca OO O -O O O O Op, ~ I, Lnw U O u w S_ O CY 5= O ry N cn H Z w w 0 m N IV co m O o rn C.0 X 0 M C/) O CO p" 0 w m Z Z O o N 0' (D 0- I I oy� N O O o I O � R Ri z I Seo\ o I � a I �\`� I N d �6f2 ra _77R77-R-TFt -,r,_ s ---------- W � N \ O \ O O M eII 1 N 111.07 o 100 CL -00-1�0-S9bZ C: �Itimo _A �` oN I 'ON laOaOd � o a ♦ ♦ - — Jj w 0� ¢ c0 z j I U R R __ R R.� cn R �;�- a w U`o ? 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