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HomeMy WebLinkAboutC19-271 Riverwalk at Edwards Property Owners Association EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (the “Agreement”), made as of the _____________ between Riverwalk at Edwards Property Owners Association, Inc., a Colorado non-profit corporation, (“Grantor”), whose address is c/o 28 2nd Street, Suite 216, Edwards, Colorado, 81632, and Eagle County, Colorado, a political subdivision of the state of Colorado by and through its Board of County Commissioners (“Grantee”). WITNESSETH: WHEREAS, Grantor is the fee owner of certain real property known as The Riverwalk Ruby Building, A Resubdivision of Lot 13, Riverwalk at Edwards, Phase 10, County of Eagle, State of Colorado (the “Property”); and WHEREAS, Eagle County is constructing a mid-block crossing across Highway 6 with a sidewalk connection to the existing sidewalk on Riverwalk property; and WHEREAS, Grantor wishes to grant to Grantee, and Grantee wishes to obtain from Grantor, a temporary easement over, under, across and upon a portion of the Property as described and depicted in Exhibit A for purposes of constructing a concrete sidewalk; and WHEREAS, Grantor will maintain the sidewalk after construction for the benefit of the public. NOW, THEREFORE, in consideration of the foregoing premises and the following promises, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Easement Grant. 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 to Grantee, and its successors and assigns, for the benefit of the public, a temporary easement and right-of-way on, over, under, across and through the Property, consisting of an area described in Exhibit A and depicted in Exhibit B, attached hereto and incorporated herein, (the “County Easement”) for the construction of a sidewalk (the “Sidewalk”), to have and to hold the same, together with all and singular the appurtenances and privileges thereunto, for proper use and the benefit of the Grantee, its successors and assigns and the public, for such time as required by the Grantee to construct Sidewalk as described in this Agreement. Grantee accepts the County Easement in its AS IS condition. The Grantor reserves the right to use for itself and to grant to others rights of way over, under, across or through the County Easement, provided that they do not unreasonably interfere with County’s use of the County Easement and construction of the Sidewalk. 2. Construction, Maintenance and Repair of Trail. a. Grantee and its agents, employees and contractors may enter the County Easement at any time during the period of this Agreement to construct the Sidewalk. The Grantee will complete construction of the Sidewalk no later than November 27, 2019. DocuSign Envelope ID: 5A18F518-DD50-4B13-97B6-FF0458555FB6 8/13/2019 Page 2 of 6 b. Grantor shall maintain and repair the Sidewalk in a manner and by means in accordance with its reasonable judgment, at its own expense, in perpetuity. Maintenance and repair of the Sidewalk may include the addition to or removal of pavement from the Sidewalk, removal of rock or vegetation, weed control, and mowing or cutting of vegetation and placement of erosion control devices in the area of the Sidewalk and within the area depicted as the County Easement as described in Exhibit A and shown in Exhibit B. In the event that the Trail is damaged or destroyed by Grantor, its employees, agents and contractors, Grantor shall be responsible for repair and restoration of the Sidewalk to its condition prior to such destruction or damage. 3. Permitted Uses. Use of the Sidewalk by the public is limited to pedestrians (the “Permitted Uses”). No motorized vehicle use will be permitted on the County Easement or the Sidewalk, with the exception of motorized vehicle use by the Grantee or Grantor, their agents, employees and contractors, as reasonably necessary for inspection, maintenance and operation of the Sidewalk, or for emergency vehicle and emergency access or as may be required pursuant to the Americans with Disabilities Act (“ADA”). No parking is permitted on the County Easement or on the Sidewalk except in the event of an emergency or as may be required by the ADA. Except with respect to motorized vehicles operating pursuant to the ADA, all motorized vehicles accessing the County Easement and/or the Sidewalk shall use warning signs or warning lights or warning sounds to alert Trail users to their presence, and shall not obstruct access to or impede or interfere with the reasonable use of the County Easement or the Sidewalk for the purposes described herein. 4. Grantor’s Rights. Grantor hereby reserves the right to use the County Easement for all purposes not inconsistent with the grant of the County Easement to Grantee. Notwithstanding the foregoing, Grantor shall not place, construct or maintain any structure or improvement on, over, under, across or above the surface of the County Easement or Sidewalk that would unreasonably obstruct access to or unreasonably impede or interfere with the use of the Sidewalk, the County Easement, or the Permitted Uses. 5. Binding Nature. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors and assigns forever and the benefits and burdens hereof shall constitute covenants running with the title to the Property. 6. Notices. Whenever it is desirable or necessary for either party to serve notice or demand upon the other, such notice, demand or communication shall be given by personal service or certified mail, return receipt requested with first class postage prepaid thereon, and unless sooner received shall be deemed to have been received three (3) days after the date of certification. The addresses of the parties hereto are as follows: Grantor: Riverwalk at Edwards Property Owners Association, Inc. 28 2nd Street, Suite 216 Edwards, Colorado, 81632 DocuSign Envelope ID: 5A18F518-DD50-4B13-97B6-FF0458555FB6 Page 3 of 6 Grantee: Eagle County Attorney P.O. Box 850 Eagle, CO 81631 Facsimile: 970-328-8699 or at such other places either party may from time to time designate in writing. 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, and venue of any court action relating hereto between the parties shall lie in the Colorado State District Court in Eagle, Colorado. 9. 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. 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’s Office. 12. Duration. The parties agree that this Agreement shall be perpetual. 13. Annual Appropriations. All financial obligations of Grantee set forth in this Agreement are subject to annual appropriation pursuant to C.R.S. § 29-1-110, as amended. 14. No Third Party Rights. This Agreement does not and shall not be deemed to confer upon or grant to any third party any right enforceable at law or equity arising out of any term, covenant or condition herein or a breach thereof. 15. Grantor Covenant. The Grantor hereby covenants with Grantee that it has good title to the afore described premise; that it has good and lawful right to grant this Easement; that it will warrant and forever defend the title and quiet possession thereof against the lawful claims and demands of all persons whomsoever. IN WITNESS WHEREOF, the parties have entered into this Agreement as of the day and year first above written. DocuSign Envelope ID: 5A18F518-DD50-4B13-97B6-FF0458555FB6 Page 4 of 6 [SIGNATURE PAGE TO FOLLOW] DocuSign Envelope ID: 5A18F518-DD50-4B13-97B6-FF0458555FB6 DocuSign Envelope ID: 5A18F518-DD50-4B13-97B6-FF0458555FB6 Page 6 of 6 GRANTEE: EAGLE COUNTY, STATE OF COLORADO by and through its BOARD OF COUNTY COMMISSIONERS By: _____________________________________ Jeanne McQueeney, Chair ATTEST: ____________________________________ Clerk of the Board of County Commissioners DocuSign Envelope ID: 5A18F518-DD50-4B13-97B6-FF0458555FB6 Temporary Construction Easement Bull Run Crossing EXHIBIT “A” August 1, 2019 A description of a parcel of land for open space: For Eagle County. LEGAL DESCRIPTION A temporary construction easement located in Lot 13, RIVERWALK AT EDWARDS, PHASE 10, a subdivision located in Sections 5, T5S, R82W of the 6th P.M., recorded January 27, 2004, as Reception No. 866064 of the records of Eagle County, State of Colorado, according to the recorded plat thereof, described as follows: COMMENCING at the most Southerly Corner of said Lot 13, also being the Northeasterly right of way line for U.S. Highway No. 6, from which the East Line of said Lot 13 bears North 01 degrees 25 minutes 33 seconds East, 372.85 feet (Assumed Basis of Bearing); thence North 47 degrees 49 minutes 53 seconds West, 55.57 feet along the Southwesterly line of said Lot 13 also being Northeasterly right of way line of said U.S. Highway No. 6 to the TRUE POINT OF BEGINNING; Thence continuing North 47 degrees 49 minutes 53 seconds West, 66.93 feet along the Southwesterly Line of said Lot 13, and said Northeasterly right of way line for U.S. Highway No. 6; Thence leaving the Southwesterly Line of said Lot 13 and the Northeasterly right of way line of U.S. Highway No. 6 North 15 degrees 52 minutes 05 seconds East, 44.62 feet; Thence South 47 degrees 49 minutes 53 seconds East, 66.93 feet; Thence South 15 degrees 52 minutes 05 seconds West, 44.62 feet to the TRUE POINT OF BEGINNING. Area = 2,677 square feet, more or less. DocuSign Envelope ID: 5A18F518-DD50-4B13-97B6-FF0458555FB6 DocuSign Envelope ID: 5A18F518-DD50-4B13-97B6-FF0458555FB6