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HomeMy WebLinkAboutC21-257 Michael R. DantasDocuSign Envelope ID: 28AOE5C3-6774-41C7-817D-60737ACFA444 ENCROACHMENT EASEMENT AGREEMENT BETWEEN EA LE COUNTY AND rMCHAEL R. DANTAS THIS ENCROACHMENT AG EMENT (her wafter "Encroachment Agreement" or "Agreement") made as of this day of V ) 2021 between Eagle County, Colorado ("County") and Michael R. Dant (hereinafter "Owner"). WITNESSETH: WHEREAS, Owner is the recrd owner of a parcel of land known as Lot 14C-W of the Boulders Subdivision, 3020 Bingdale Road in Eagle County, which property is identified as Parcel No. 2103-154-09-009, Account No. R066848 (the "Subject Property"); and WHEREAS, Owner desires to c nstruct privately maintained drainage and retaining wall improvements on a portion of th County's Right -of -Way for Bassingdale Road ("County Right -of -Way") in connection with the Subject Property and in the location identified on Exhibit A, attached hereto and incorpora ed herein by this reference (the "Improvement Encroachments"); and WHEREAS, each owner of a to in the Boulders Subdivision will be responsible for the maintenance, repair and replacer ient of drainage improvements constructed along the frontage of their individual lots in the Count Right -of -Way and have agreed to enter into a similar Encroachment Agreement; and WHEREAS, County is willino to allow the Improvement Encroachments in the location identified in Exhibit A, subject t the terms of this Agreement. NOW, THEREFORE, in c County and Owner agree as For the consideration and mut which is hereby acknowledges revocable easement (the "Encri in Exhibit A for purposes of Encroachments. Said Improve and any County operations on for any other purpose except as of the foregoing premises and following promises, EASEMENT GRANT: agreements of the parties set forth herein, the sufficiency of County hereby grants and conveys to Owner a non-exclusive ;hment Easement" or the "Easement") in the location identified owing the construction and maintenance of the Improvement ent Encroachments shall not interfere with the flow of traffic ,ssingdale Road. The Encroachment Easement shall not be used ;scribed herein. The Easement granted in this eement shall be enjoyed by Owner, its successors and assigns, so long as the Easement is use in accordance with the terms and conditions of this Agreement. This Agreement shall not be c nstrued as conferring any rights or benefits on any third parties C21-257 Eagle County, CO Regina O'Brien Pgs: 7 REC: $0.00 DOC: $0.00 202116681 07/22/2021 11:31:29 AM DocuSign Envelope ID: 28AOE5C3-6774-41C7-817D-60737ACFA444 and is granted for the sole purpo*e of allowing the Improvement Encroachments in the location shown on Exhibit A.Notwithstading the foregoing, in the event that Owner, its successor or assign ceases to use the Encroac ent Easement in accordance with the terms of this Agreement or otherwise fails to comply with any and all of the terms of this Agreement, this Agreement and Encroachment Easement may be terminated upon ten (10) days written notice by County, in its sole discretion. i I Notwithstanding anything herein Ito the contrary, County, in its sole discretion, reserves the right to terminate this Agreement as it relates to all or a portion of the Easement and to require Owner, its successor or assigns, to remove or reduce the Improvement Encroachments at Owner, its successor or assign's sole expense upon ninety (90) days written notice by County. Upon notice of termination of the Encroachment Easement by County, the Improvement Encroachments shall be removed and/or relocated at Qiwner, its successor or assign's sole expense within the timeframe established by County, and the easement area restored to its original condition, or as close thereto as possible. If the Improvement Encroachments are not timely removed in response to Eagle County's request and the easement area is not restored within the allowed time period, County may do so at Owner, its successor or assign's expense, which expense shall be reimbursed by Owner, its successor or assign within thirty (30) days' of demand.. The Encroachment Easement granted by this Agreement is non-exclusive and County reserves the right to use for itself and to grant for others rights -of -way over, under, across or through the Encroachment Easement herein granted, provided that they do not unreasonably interfere with the right of Owner to use the same for the purposes herein granted. County reserves the right to use and enjoy the premises to the fullest possible extent without unreasonable interference with the exercise by Owner of the rights granted in this Agreement. Without limiting the foregoing, County reserves the right to place along, across, under, over and through the Encroachment Easement as many electric lines power lines, waterlines, sewer lines, gas lines, telephone lines and other utilities as County may desire subject only to the right of Owner to use the same for the purposes herein granted. The Improvement Encroachments into the County's Right -of -Way shall not constitute any relinquishment of the County's property rights whether through claims of adverse possession or any other means. I CONSTRUCTION AND MAINTENANCE OF IMPROVEMENT ENCROACHMENTS WITHIN THE EASEMENT: f Construction, including replacement or significant alterations, repair and maintenance of the Improvement Encroachments shall be the sole responsibility of Owner. No construction shall be commenced until approved in writing by County. All construction shall be conducted in accordance with the Eagle County Land Use Regulations, as amended from time to time. I 2 i DocuSign Envelope ID: 28AOE5C3-6774-41C7-817D-60737ACFA444 Notwithstanding the foregoing, � e County will require any utility company or other persons permitted to construct in the County Right -of -Way to repair any damage they may cause to County Right -of -Way and/or the improvement Encroachments as part of the permitting process. Notwithstanding the foregoing, Owner shall be solely responsible for the repair, maintenance and replacement of the Improvement Encroachments within the Encroachment Easement area set forth on Exhibit A, and Owner shall release and hold County harmless from any claims concerning damage to the Improvement Encroachments, including any damage that may be caused by snowplows or other County operations within the Bassingdale Road Right -of -Way. Owner agrees to be responsible for all ongoing necessary repair and maintenance associated with the current and any future use of the Encroachment Easement. Whenever possible, Owner shall notify and coordinate with Eagle County prior to performing any maintenance, repair or replacement of the Improvements to avoid damage to County infrastructure and disruption within of--W the County's Right -ay. INDEMNIFICATION: Owner shall, to the fullest extent permitted by law, indemnify and hold harmless County and any of its offices, agents and employees against any losses, claims, damages or liabilities for which County or any of its officers, agents, or employees may become subject to insofar as any such losses, claims, damages or liabilities arise out of, directly or indirectly, this Agreement and the Encroachment Easement, or arel based upon any performance or nonperformance by Owner hereunder; and Owner shall reimburse County for any and all legal and other expenses incurred by County in connection with investigating or defending any such loss, claim, damage, liability or action. ENFORCEMENT REMEDIES: This Agreement shall be recorded with the Eagle County Clerk and Recorder's Office. This Agreement shall constitute covenants running with the Subject Property, as a burden thereon and for the benefit thereof, and shall specifically be enforceable by County against Owner, its successors and assigns and all obligations for restoration, repair, and indemnification shall survive termination of this Agreement and the Encroachment Easement. County and Owner agree that injunctive, or other appropriate laws and statutes of the State c Agreement both County and C contained herein. Agreement may be enforced for specific performance, including damages, as may be available according to the )rado. It is specifically understood that by executing this commit themselves to perform pursuant to these terms I DocuSign Envelope ID: 28AOE5C3-6774-41C7-817D-60737ACFA444 MISCELLANEOUS: This 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 Agreement shall be in Eagle, Colorado. This Agreement and the rights and obligations created hereby shall be binding upon and inure to the benefit of the County and Owner 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 County or Owner and their respective successors and assigns, any right, remedy or claim under or by reason hereof of by reason of any covenant or condition herein contained. If any portion of this competent jurisdiction, such pi unenforceability shall not affect fully severable and this Agreeme had never been inserted into this This Agreement may be amende written agreement duly authoriz represents the full and complete agreements, discussions, negotia with respect to the subject matter The parties hereto agree that ne. subject matter of this instrument promise, or consideration differs party, or its agents or employees 1 is held invalid or unenforceable for any reason by a court of lion shall be deemed severable and its invalidity or its he remaining provisions; such remaining provision shall be it shall be construed and enforced as if such invalid provision modified, changed, or terminated in whole or in part only by and executed by both County and Owner. This Agreement nderstanding of County and Owner and supersedes any prior ins, representations or understandings of County and Owner )ntained herein. r has made or authorized any agreement with respect to the er than expressly set forth herein, and no oral representation, from the terms herein contained shall be binding on either This Encroachment Easement is granted subject to prior grants of easements and other ownership interests of record. County makes no warranties as to the title of the easement conveyed. The parties hereto understand and! agree that County is relying on, and does not waive or intend to waive by any provision of this Agreement the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act et seq., C.R.S. § 24-10-101 et seq. as from time to time amended, or any other rights, protections, immunities, defenses or limitations on liability provided by law or any applicable provisions of the Colorado Constitution and other applicable laws or otherwise available to County, its 4 i DocuSign Envelope ID: 28AOE5C3-6774-41C7-817D-60737ACFA444 i subsidiary, associated and/or affiliated entities, successors, or assigns; or its elected officials, employees, and agents. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] DocuSign Envelope ID: 28AOE5C3-6774-41C7-817D-60737ACFA444 IN WITNESS WHEREOF, this Encroachment Easement Agreement is executed this day of - - ..... .02021. ATTEST: DocuSigned by: By: ' Ca66fkm13a&rd of County STATE OF SS. COUNTY OFF ) COUNTY OF EAGLE, STATE OF COLORADO, by and through its BOARD OF COUNTY COMMISSIONERS DocuSigned by: By: hAff Sc�.C,w Matt Scherr, Cha 81E7B2D718E0473 OWNER e By: ki Michael R. Dantas The foregoing instrument was acknowledged before me by MCI Lrl,-CRT�,AAls�s 2 rday of �Y i � , 2021 �bY �'-`�S�s�` � � . �.c i� �Li--� . My Commission expires: Notary Public CHASTITY LACOME NOTARY PUBLIC STATE OF COLORADO NOTARY ID 1774019021 Y COMMISSION EXPIRES 11/2/2021 6 i DocuSign Envelope ID: 28AOE5C3-6774-41C7-817D-60737ACFA444 Ege t +� T `44b• u m L►-m - \ �d tlisi{ "'h n \ N \ 4 / gn ,o \ 'L / g bo �.. / PG, a / c'� VIS B Yx UU�•4 pp1 C i2t 1 yfN // o�f✓,RO r 8 + / f• sQ zzi c 1, O m �J n �' \\ C) i z �, \ m \\ nLr) \\ C)OAr \ r Z O \ N n \\ mO�D D co D O Z z r t C U n } HIM ad4a ;" S ° ■a i■ - eve d e ad ■e - ;fie r■c ■ m m A • • i y 4 S. ias ! �i d ci° °•" �' s B pyia�-pf +tit 5 L — ".. 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