HomeMy WebLinkAboutC22-076 Permanent construction easement_SlaughterDocuSign Envelope ID: DE7AA55F-1FE442B9-13613C-1311FB34A60ED Eagle County, CO
Regina O'Brien
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EASEMENT AGREEMENT FOR BRIDGE STRUCTURE IMPROVEMENTS
20220390
03/08/2022
02:17:37 PM
THIS EASEMENT (hereinafter "Easement Agreement") is made and entered into this,
3/8/2022 , (the "Effective Date") by and between EUGENE E. SLAUGHTER III
TRUST - LAURIE M. SLAUGHTER TRUST, (hereinafter the "Slaughter Trust"), and Eagle
County, Colorado, a body corporate and politic, by and through its Board of County Commissioners
(hereinafter "Eagle County").
WITNESSETH:
WHEREAS, the Slaughter Trust owns the property more particularly described on Exhibit A,
attached
hereto and incorporated herein by this reference (the "Property"); and
WHEREAS, Eagle County is reconstructing the bridge structure of the Gypsum Creek Bridge over
the Gypsum Creek on Cottonwood Pass (the "Project"); and
WHEREAS, the Project will require construction of bridge structure 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, the Slaughter Trust 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; and
WHEREAS, in exchange for the perpetual non-exclusive easements, Eagle County has agreed to
pave asphalt driveway aprons as indicated in Exhibit C, which is incorporated herein by this
reference, on the Property for the Slaughter Trust as set forth below.
NOW, THEREFORE, in consideration of the terms and covenants stated herein, the sufficiency
of which is hereby acknowledged, the Slaughter Trust and Eagle County agree as follows:
EASEMENT GRANT:
The Slaughter Trust 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. In exchange for
the grant of the Permanent Easement, Eagle County shall pave asphalt driveway aprons as depicted
in Exhibit C.
The Permanent Easement granted by this Easement Agreement is non-exclusive, and the Slaughter
Trust reserves the right to use for itself and to grant to others rights over, under, across, or through
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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, the Slaughter Trust 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 the Slaughter Trust 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 the Slaughter Trust's property shall not constitute any
relinquishment of the Slaughter Trust's property rights whether through claims of adverse
possession or any other means.
CONSTRUCTION AND MAINTENANCE OF IMPROVEMENTS:
Eagle County shall be solely responsible for all construction, repair, and maintenance of the
Roadway Slopes and Drainage Improvements within the said Easements and hereby releases the
Slaughter Trust from any and all liabilities arising out of the County's use of the Easements. Eagle
County shall at all times remain solely responsible for injuries, demands, damages to persons or
property, losses, or judgments arising from the use of the Easements.
INDEMNIFICATION:
To the extent permitted by law, Eagle County shall indemnify and hold harmless the Slaughter Trust
and any of its officers, agents, and employees against any losses, claims, damages, or liabilities for
which the Slaughter Trust 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
Easement Agreement, or are based upon any performance or nonperformance by Eagle County
hereunder; and to the extent permitted by law Eagle County shall reimburse the Slaughter Trust for
any and all legal and other expenses incurred by the Slaughter Trust in connection with
investigating or defending any such loss, claim, damage, liability, or action.
ENFORCEMENT REMEDIES:
The Slaughter Trust 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 the
Slaughter Trust 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 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 the Slaughter Trust 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
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any person or entity other than the Slaughter Trust 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 the Slaughter Trust and Eagle
County. This Easement Agreement represents the full and complete understanding of the Slaughter
Trust and Eagle County and supersedes any prior agreements, discussions, negotiations,
representations, or understandings of the Slaughter Trust 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.
The Slaughter Trust 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. The Slaughter Trust
shall not make or authorize any use of the Permanent Easement which is inconsistent with or
interferes with the uses authorized herein.
The Slaughter Trust and Eagle County shall insure themselves separately against liability, loss, and
damages arising out of the use of the Easement.
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.
All financial obligations of the Slaughter Trust and 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.
M
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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 the Slaughter Trust:
Eugene E. Slaughter Trust - Laurie M Slaughter Trust
P.O. Box 414
Gypsum, CO 81637-0414
4
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IN WITNESS WHEREOF, THE SLAUGHTER TRUST and EAGLE COUNTY have executed this
Easement Agreement this _L! µ14 ay of , 2022.
Attest: Eugene E. Slaughter Trust - Laurie M Slaughter Trust
By.pn_
Title:+-�- LM,-- Tit e:
STATE OF COLORADO )
) ss.
COUNTY OF EAGLE }
�e foregoing instrument was acknowledged before me this j ay of
blION.. , 2022 by , Eugene E. Slaughter Trust -
Laurie M Slagghter Trust. ^�
My commission expires:
NAT:AA:GONZALEZ
NPUBLIC
[seal] STATOLORADO
NOTA0194146231MYCOP,#;.#XPIRES 121#2J2023
Jotary Public
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EAGLE COUNTY, STATE OF COLORADO
By and through its Board of County Commissioners
%DmuS{gned by,
�! f
By:
Jeanne McQueeney, Chair
ATTEST:
DoauSigned by:
By; z Ybvit, t
Regina Mien, Jerk to the Board
DocuSign Envelope ID: DE7AA55F-1FE44289-66BC-1311FB34A60ED
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
DocuSign Envelope ID: DE7AA55F-iFF4-42B9-B6BC-B11FB34A60ED
COTTONWOOD PASS SOUTH PERMANENT BRIDGE
CONSTRUCTION EASEMENT
GYPSUM CREEK LOCATION
A Permanent Construction Easement description located in a part of Tract 90, Township 5 South,
Range 85 West, Eagle County, State of Colorado. For: Eagle County.
LEGAL DESCRIPTION
That part of Tract 90, located in T5S, R85W of the 6th P.M., according to the deposited Land
Survey Plat in Book 2, Page 1259 on March 4, 2021, County of Eagle, State of Colorado,
described as follows;
COMMENCING at the Northwest Corner of said Tract 90, Angle Point 2, said deposited plat,
from which the Northeast Corner of said Tract 90, Angle Point 1, a 20 foot Witness Corner, bears
North 86 degrees 53 minutes 39 seconds East, 3959.72 feet (Basis of Bearing), Thence North 86
degrees 53 minutes 39 seconds East, 996.67 feet; Thence South 03 degrees 06 minutes 21
seconds East, 30.00 feet to the South Right -of -Way line of Cottonwood Pass Road, and the
TRUE POINT OF BEGINNING;
Thence leaving said South Right -of -Way Line South 03 degrees 06 minutes 21 seconds East,
10.3 feet;
Thence North 86 degrees 53 minutes 39 seconds East, 85.5 feet;
Thence North 03 degrees 06 minutes 21 seconds West, 10.3 feet, to the South Right -of -Way Line
of said Cottonwood Pass Road;
Thence along said Said Right -of -Way Line of Cottwood Pass Road, South 86 degrees 53 minutes
39 seconds West, 85.5 feet, to the POINT OF BEGINNING.
Total North Permanent Construction Easement Area — 880.65 square feet.
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NOTICE: According to Colorado law
you must commence any legal action based
upon any defect in this survey within three years
after you first discovered such defect. In no
event, may any action based upon any defect in
this survey be commenced more than ten years
from the date of the certification shown hereon.
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EXHIBIT B
APPROVED PLANS
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DocuSign Envelope ID; DE7AA55F-iFE4-42B9-668C-Bi1FB34A60ED
EXHIBIT C
PERMANENT EASEMENT COMPENSATION LETTER
DocuSign Envelope ID: DE7AA55F-1FE4-42B9-B6BC-B11FB34A60ED
Engineering department
Phone; 970-328-3560
Fax: 970-328-8789 COO
www.eaglecounty.us
EAGLE COUNTY
Engineering
February 15, 2022
Laurie M. Slaughter Trust
PO Box 414
Gypsum, CO 81637-0414
Re: Gypsum Creek Bridge - Permanent Easement Compensation
Dear Ms. Slaughter and family,
Eagle County
P.O. Box 850
500 Broadway
Eagle, CO 81631
Eagle County has developed plans for the replacement of the Gypsum Creek Bridge on
Cottonwood Pass Road. This bridge has been classified as "Structurally Deficient" by the
Colorado Department of Transportation and is in need of replacement. The wingwalls of
the proposed structure will protrude outside of the existing 60 foot public right-of-way.
This will necessitate the need for a 10.3' x 85.5' permanent easement to construct the
project.
In a January 24, 2022 email with John Harris, Eagle County Road and Bridge Department
Supervisor, you agreed to a permanent easement for this project. Legal documentation of
the permanent easement will be forthcoming. In exchange for agreeing to a permanent
easement on your property, Eagle County will pave 3" asphalt driveway aprons as depicted
on the attached Exhibit A. This paving is to take place as part of the Eagle County Road and
Bridge Department resurfacing project of Cottonwood Pass Road which is anticipated to
take place in the summer of 2022.
The Gypsum Creek Bridge project will require removal of the existing right of way fence
during construction. The Contractor will coordinate with you to determine the layout and
installation of temporary fencing during construction. After the project is complete, The
Eagle County Road and Bridge Department will coordinate with you to discuss the layout
and installation of the new right-of-way fence.
If you have any questions, please feel free to contact me.
Sincerely,
Rickie Davies, PE, PTOE
Eagle County Senior Staff Engineer
cc. Ben Gerdes, PE, Eagle County Engineer
John Harris, Eagle County Road and Bridge Supervisor
DocuSign Envelope ID: DE7AA55F-1FE4-42B9-B6BC-B11FB34A60ED
EXHIBIT A
