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Home My WebLink AboutC19-290 Town of Eagle/ C w z z ~ (J ti) . Eagle County, CO 201913928 Regina O'Bri en 08/26/2019 Pgs : .5 . . . 12:39:27PM REC : $33 .00 DOC: $0.00 WATER LINE EASEMENT . THIS · WATER LINE _EA,SE~ENT (the ,, Agreement") is dated this . z "L • 2.o l4 (the "Effective Date"), by .and between the County of Eagle, a body corporate •· d politic, with an address of 500 Broi'!dway, P,O. Box 850, Eagle, CO 81631 ("Grantor"), Wld the Town of Eagle, Colorado, a Colorado municipaHty ,vith an address cif 200 Broadway, P.O; Box 609, Eagle, CO 81631 (the "Town") (each a "Party" and collectively the "Parties). RECiTALS · WHEREAS, the Gran tor is the pwner of certain real. property located at 111 Violet Lane, Eagle, Colorado(the "Property"); and WHEREAS, the Town desires to acquire . ·a non-exclusive perpetual easement for the . purpose of the construction, operation, maintenance, repair .and replacement of a water line and related facilities (the "Facilities") beneath the surface of the Property; and · WHEREAS, Grantor is willing to convey an easement to the Town for the aforesaid purposes on the terms and conditions set forth below. NOW, THEREFORE, for and in consideration of the slim of$ I0.00 paid by the :1\wm to Orantor, the covenants of Cinuitee herein containe4, and other good and valimble consideration, · the receipt and sufficiency of which are hereby acknowl~dged, the Parties agree as follows: .EASEMENT l. Grant of Easement. Granter hereby grants to the Town a nonael!:cfosive perpetual easement ("Easerneni")(or ingress a,nd egress to the Proper:ty and for use .of the Property for the following purposes: . . \ .. a To install the Facilities in thelocations legaily described on Exhibit A and as depicted on Exhibit B (the ''Basement Area';), siicli exhibits attached hereiq arid incorporated herein by this refere:nce. · . b. for . ingress and . egress tci the Facilities .and the Easement . Area in the lcicaticins . leg~lly described on Exhibit • A and depicted on Exhibit B for inspection !l)id maintenance purposes, including cleaning and the making of all necessary repairs thereto, and for replacement of the Facilities : .c. To perform any other acts necessary ·,vithin the Easement Area .to protect the Fad!ities from damage. · · · · · d. · The Easement granted by this Agreement is ,non~exclusive and Grantor reserve~ . the right to use for itself and to grant to others rights .over, under, across and through the Eas~rrtent, provided that they do not damage or unreasonably interfere With the E!isement or the Facilities,. Without limiting the foregoing, Orantor reserves the right to place along, over, under , across and through the Easement as many electric lines, power.lines, waterlines, sewer lines, gas lines, teleph<Jn¢ lilies and other utilities as Grantor may deem riecess~ry, as well as lan(lscape • 1niprovements such as plilfltm~terials, grasses, trees, 1:ntry features, street-scape, and hard-scape . subject only to the right of the Town to use the .same for the purposes herein granted . 2. Graritcir's . Rights. Grantoi' refains the right to the undisturbed use and occupancy of the Property . iiisdfar as such use and occupancy is consistent ,vith and does not unreasonably interfere with any grant herein contained. . 3. Town's Obligations. In exercisirig its rights under this . Easement, the Town . agrees to the following: a. The Town shall restore any portion of the Property dlsturl;,ed during the construction, operation, niainteriance and . replacenieiit of the Facilities to its original condition, or as near thereto as may be reasoriably accomplished, all at the expense of the Town or . its contractors or . agents. The requirement to restore . the Property includes the restoration ·or replacement offencing and landscaping disturbed during construction of the Project. I s ,\copita/Projects\ Violet Lane Waterline and Sanitary Stwer\hga/\ EASEMENTS· Perm Water\111 Via/et Lan~ -· Confluence Park .201913928 b.. . The Town shall not use the. Property or the Easement Area as a staging area for repair or maintenance activities, and no equipment shall be stored iri the Easement Area or 6ri the Property withoµt the prior written conse11t of Grantor. c. The Towri shall be solely responsible for the construction, operation, maintenance and replacement of the Facilities. 4. . Grantor's Obligations. Grantor agrees to the following: a Grantor. shall not unreasonably interfere with the Town's exercise of any of its rights urider this Easement, including without limitation the installation of the Facilities in the Easemeilt Area and the maintenance of thcise Facilities. . . . . . . . . b. Except as otherwise set forth iri this Agreement, Grantor shall not instal 1 or permit the installation of any fence; wall, structure (above or below ground) or landscaping that would unreasonably interfere with the operation of the Facilities or unreasonably interfere with the Town's rights of ingress or egress putsuaiit to this Agreement. · c. Notwithstanding anything to the contrary in this Agreement, the Town acknowledges that Grantor may in the future construct an access or roadway from Violet Larie to the Eagle Courity Fairgrounds and/cir the parking areas assocfated with the Fairgrdunds and that such iiccess or roadway would extend across and over the Property, the Easement Area and the Facilities and that such access or roadway and associated street-scape would interfere with the mairitenance; repair or repfacement of the Facilities ... 5. Warranty. Grantor represents that it is toe record owner of the Property ~pon which the Easement is located and that it has full power and authority to execute this Agreement. This Easement is granted subject ki prior,. record.ed grants of easements .. 6. Recordatitm. Except as otherwise expressly provided herein, all prov1S1ons in this Easement, including the benefits, burdens and covenants, are intended to run with the I arid and shall he binding upon arid inure to the benefit of the respective successors and assigns of the Piirties. The Town shall record this Easement in the official records of Eagle County, and may re-record it at any time as may be required to preserve its rights in this Easement. 7. · Governing Law and Venue. This Easement shall be governed by the laws of the State of Ccilcirado, and any legal. action concerning. the . ptoVisions hereof shall be . brought in Eagle County, Colorado. . . . . . . . .. 8. Modification. This Easement may only be modified upon written agreement of the Parties. 9. lritegraticiri. The foregoing constitutes the entire agreement between the Parties regarding the Easement and U() additional or different .oral representation, promise or agreement shall be binding on any of the Parties with respect to the Easeinent. 10. Governmental lmmunitv. Grantor and the Town and their respective officers, attorneys and employees, are relying on, and. do ncit waive or intend to waive by any provision of this Easement, the inonetary limit~tions or any other rights, immunities, and protections provided by the .. Colorado Govemniehtal Immunity Act, C.R.S. § 24-10-101, et seq,, as amended, or otherwise available to Gran tor and the Town and their respective. officers or employees .. 11. Subject to Annual Appropriation. Consistent with Article X, § 20 of the Colorado Constitution, any financial obligation of the Town not performed during the current fiscal year is subject to annual appropriation, shall extend only to monies currently appropriated, and shall not constitute a mandatory charge, requirement, debt or liability beyond the current fiscal year, . · 12; · Third Parties. There are no intended third-party beneficiaries to this Agreement. 13. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful or unenforceiible for any reason, the remaining provisions hereof shall remain in full force and effect. . 2 8·7i]0/9 S:\Cap/tal.Prajects\ Violet Lane Waterline and Sonltary.Sewer\Legaf\ EASEMENTS' Perm Water\111 Violet Lane• Conflui,ni:oi, Park p . _.), ,' .201913928 . . .. . . . ... . . . .... . · 14. · Notice.· Any notice under this Agreement shail be in writing, and :sha11 be deemed sufficient when cli~ectly presented or sent pre-paid, first class Q;s. Mail to the Party at the address set forth ori the first page cifthis Easement.. For any . notices sentto . Granter, a ccipy shall .. also _be provided to the follO\Y:in~: Eagle County Attorney ' 500 Broadway . PO Box 850 Eijgte ; co 81631 Telephone: 970-328~8685 . Facsimile: 970-328-8699 Date. ATTEST: . . . -. . . ·.:.cJ,i\l\ ... : TOWNOFEAGLE~· I -· .... < .. L . __ ... _ .. . . . . ' . . ' . . . . . 3 A9ne McKibbin, Mayor · · · · · . GRANTOR: COON'fY OF . EAGLE; S'fATE . C>F COLORADO; a body and politic, bY and through . · · the Board o:f . · · C<>unty .. Co111missioners '8'7/:W/9 S:\Cap/ta/ PID]ects\ viarei Lane Water/In• and Sanitary Sewer\Legaf\ . -EASF:MEN1'S•'PermWat,r\1ll•Vlal~t.Laiie :canjluence Park .i;,. . .., J j) 201913928 ~ ExhibitA - 20 FOOT \\IIOE · PERMANENT WATER LINE EASEMENT DESCRIPTION AN EASEMENT SITUATED IN TRACT 47, SECT10N 5, TOWNSHlP 5 SOUTH, RANGE 84 WEST OF lHE 61H P.M., ALSO BEING A PORTION OF PARCELS OF LANO DESCRIBED IN RECEPTION NO. 201109567 COUNTY OF EAGLE, STATE or COLORADO. SAID EASEMENT BEING A STRIP Of LAND TWENTY (20) FEET WIDE, 10 FEET TO. EACH SIDE. OF· THE FOLLOWING DESCRIBED ·CENTERLINE; COMMENCING AT ANGLE POINT 4 OF T~AGT 47, A 2.5" ALUMINUM CAP LS. NO. 26967, THENCE N 54'28'23" W A DISTANCE OF 738.26 FEET TO A PDiNT ON THE SOUTHERLY LINE OF SAID PARCEL or LAND, THE TRUE POINT or~ BEGINNING. THENCE'. ALONG THE CENTERLINE OF SAID EASEMENT lHE FOLLOWING THREE (3) COURSES: . . . . . . . 1.) . S 76'06'51" WA DISTANCE OF Q5.90 FEET; 2.) S 65"48'jo• W A DISTANCE OF 198:58 FE[T; 3.) S 78"16'32" WA DISTANCE: OF 156.62 FEET TO A POINT ON THE WESTERLY LiNE OF SAID PARCEL, THE POINT OF TERMINUS. THE CENTERLINE LENGTH OF THE EASEMENT IS 451.10 FEET AND CONTAINS 8969 SQ, FT. SIDE UNES OF THIS EASEMENT ARE TO BE LENGTHENED OR SHORTEN TO . TERMiNATE AT THE BOUNDARY LINES DESCRIBED HEREIN. ALL BEARINGS RECITED HEREON ARE RELATIVE TO A BEARING OF S 8B"24'24"W, BETWEEN .SAID ANGLE POINT.4 OF TRAC.T 47 AND .ANGLE • POINT 3 OF TRACT 47, BOTH BEING MONUMENTED AS SHOWN HEREON. Pennanent'Wa!orlina Easemeni Viole! IDno Waturlino Town af Eaglo: f,11:iNa., · · 2'011..J\1006 tao.-~. HS 0..-: ~l.2Sl19 -II ... -Exhibit A ·, Sht, 1 0f 2 t i I 201913928 -Exhibit B ~ Vance \l'~~a~~t~dCcrrol ) Book 514, Page J42 found t.s• 10' 20' ~ermonent IVaier Line fosemen I Coynty or Ecgle Speclol Warranty Deed . Reception No. 201109567 6SGM 11ew• St.!h5nat. Svi• 200 Gl.....,J s,.i,...._ CO a160I 970 q.t5 1004 -.JpHPIC ma Permanent Waterline Easomcnl Violol Lano Wolerlina Town of Eagle ...... ........ -.... i I found 2.s• Aluminum Cop LS No. 26967 Angle Point 4 Traci 47 (Disturbed) BASIS Of BEARING SBB'24'24"W a .II 1319.33' Found 2.5" Aluminum op LS No. 37984 . Angle Point 3 Tract 47 Graphic Scale 25 50 100 In Feet: l '1 = 50' Sht. Exhibit B 2 01 2