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HomeMy WebLinkAboutC22-077 Permanent construction easement_Wilson RanchDocuSign Envelope ID: 9308725C-DAE6-4940-BA7F-5DEE251C9D85 Eagle County, CO 202203905 Regina O'Brien 03/08/2022 Pgs= 14 02:17:37 PM REC: $0.00 DOC. $0.00 EASEMENT AGREEMENT FOR BRIDGE STRUCTURE IMPROVEMENTS THIS EASEMENT (hereinafter "Easement Agreement") is made and entered into this, 3/8/2022 (the "Effective Date") by and between WILSON RANCH COLORADO LLC, (hereinafter "Wilson Ranch"), and Eagle County, Colorado, a body corporate and politic, by and through its Board of County Commissioners (hereinafter "Eagle County"). WITNESSETH: WHEREAS, Wilson Ranch 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, Wilson Ranch 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 Wilson Ranch as set forth below. NOW, THEREFORE, in consideration of the terms and covenants stated herein, the sufficiency of which is hereby acknowledged, Wilson Ranch and Eagle County agree as follows: EASEMENT GRANT: Wilson Ranch 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, or 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 Wilson Ranch 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 DocuSign Envelope 10: 9308725C-DAE6-4940-BA7F-5DEE251C9D85 Permanent Easement or the structural support of the overlying Improvements. Without limiting the foregoing, Wilson Ranch 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 Wilson Ranch 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 Wilson Ranch's property shall not constitute any relinquishment of Wilson Ranch'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 Wilson Ranch 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 Wilson Ranch and any of its officers, agents, and employees against any losses, claims, damages, or liabilities for which Wilson Ranch 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 Wilson Ranch for any and all legal and other expenses incurred by Wilson Ranch in connection with investigating or defending any such loss, claim, damage, liability, or action. ENFORCEMENT REMEDIES: Wilson Ranch 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 Wilson Ranch 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 Wilson Ranch 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 Wilson Ranch and Eagle County and their respective successors and 2 DocuSign Envelope ID: 9308725C-DAE6-4940-BA7F-5DEE254C9D85 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 Wilson Ranch and Eagle County. This Easement Agreement represents the full and complete understanding of Wilson Ranch and Eagle County and supersedes any prior agreements, discussions, negotiations, representations, or understandings of Wilson Ranch 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. Wilson Ranch 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. Wilson Ranch shall not make or authorize any use of the Permanent Easement which is inconsistent with or interferes with the uses authorized herein. Wilson Ranch 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. All financial obligations of Wilson Ranch 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. 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 3 DocuSign Envelope ID: 9308725C-DAE6-4940-BA7F-5DEE251 C9D85 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: (1) 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 fonnat 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 Wilson Ranch: Wilson Ranch Colorado, LLC 7291 Piute Drive Sedalia, CO 80135-8942 a DocuBign Envelope ID: 9308725C-DAE64940-BA7F-5DEE251C9D85 IN WETNESS WHEREOF, WILSO NCH and EAGLE COUNTY have executed this Easement Agreement this day of a ar , 2022. Attest: Wilson Ranch olorado, LLC By: By; � ram; Title: Title: STATE OF COLORADO ) ) ss. COUNTY OF EA6 E 00„51as ) The foregoing instrument was acknowledged before me this Zq day of k 6. rv,-,, , 2022 by CT� I L r,1sL�. Wilson Ranch Colorado, LLC. My commission expires: i Zoz-- [B fmy ADALBERTO RODRIGUEZ JR. Notary Public - State of Colorado Notary ID 20124025019 Commission Expires May 11. 2022 Notary Docu Sign Envelope ID: 9308725C-t)AE8-4940-EA7F-515EE251C9085 EAGLE COUNTY, STATE OF COLORADO By and through its Board of County Commissioners DoeeSigned by: By: 0-- 114--M Jeanne McQueeney, Chair ATTEST: Docusqned by: B y : E�" 0-'I% vl. Regina O'Brien, Clerk to the Board DocuSign Envelope ID: 9308725C-DAE6-4940-BA7F-5DEE251C9D85 1W46,11:31dr.1 LEGAL DESCRIPTION OF THE PROPERTY DocuSign Envelope ID: 9308725C-DAE6-4940-BA7F-5DEE251C9D85 COTTONWOOD PASS NORTH PERMANENT BRIDGE CONSTRUCTION EASEMENT GYPSUM CREEK LOCATION A Permanent Construction Easement description located in a part of Wilson 1, Township 5 South, Range 85 West, Eagle County, State of Colorado. For: Eagle County. LEGAL DESCRIPTION That part of Wilson 1, a Land Survey Plat recorded as Wilson Ranch Parcels, located in Tract 89, T5S, R85W of the 6th P.M., according to the recorded plat on May 26, 2017, as Reception No. 201709969, County of Eagle, State of Colorado, described as follows; COMMENCING at the Southwest Corner of Wilson 1, said recorded plat, from which the Southeast Corner of said Wilson 1, bears North 86 degrees 54 minutes 53 seconds East, 1362.34 feet (Basis of Bearing), Thence North 86 degrees 54 minutes 53 seconds East, 996.67 feet; Thence North 03 degrees 05 minutes 07 seconds West, 30.00 feet to the North Right -of -Way line of Cottonwood Pass Road, and the TRUE POINT OF BEGINNING; Thence leaving said North Right -of -Way Line of Cottonwood Pass Road, North 03 degrees 05 minutes 07 seconds West, 10.3 feet; Thence North 86 degrees 54 minutes 53 seconds East, 85.5 feet; Thence South 03 degrees 05 minutes 07 seconds East, 10.3 feet, to the North Right -of -Way Line of said Cottonwood Pass Road; Thence along said North Right -of -Way Line of Cottwood Pass Road, South 86 degrees 54 minutes 53 seconds West, 85.5 feet, to the POINT OF BEGINNING. Total North Permanent Construction Easement Area — 880.65 square feet. DocuSign Envelope ID: 9308725C-DAE6-4940-BA7F-5DEE25iC9D85 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. DocuSign Envelope ID: 9308725C-DAE6-4940-BA7F-5DEE251C9D85 EXHIBIT B APPROVED PLANS 0 0 N g0 DocuSign Envelope ID: 9308725C-DAE6-4940-BA7F-5DEE251C9D85 EXHIBIT C PERMANENT EASEMENT COMPENSATION LETTER DocuSign Envelope ID: 9308725C-DAE6-4940-BA7F-5DEE251C9D85 Engineering Department Phone: 970-328-3560 Fax: 970-328-8789 COO www.eaglecounty.us EAGLE COUNTY Engineering February 15, 2022 Wilson Ranch Colorado LLC 971 Cottonwood Pass Road Gypsum, CO 81637 Re: Gypsum Creek Bridge - Permanent Easement Compensation Dear Mr. Wilson, 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 our February 2, 2022 conversation, you verbally 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, ;22 — 1 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: 9308725C-DAE6-4940-BA7F-5DEE251C9D85 EXHIBIT A