Press Alt + R to read the document text or Alt + P to download or print.
This document contains no pages.
HomeMy WebLinkAboutC22-248 Gomez-Moller RE3_Encroadment Easement_2114 Vermont Rd.DocuSign Envelope ID: A420FC19-C941-45CA-8181-CE2966C3683F Eagle County, CO 202211596
Regina O'Brien 07/05/2022
Pgs' 7 12:12:56 PM
REC: $0.00
DOC: $0.00
ENCROACHMENT EASEMENT AGREEMENT
BETWEEN EAGLE COUNTY AND Gomez -Moller RE3 LLC
T�II, ENCROACHMENT AGREEMENT (hereinafter "Agreement") made as of
//�, _, between Eagle County, Colorado ("County") and Gomez -Moller RE3 LLC
(hereinafter "Owners").
WITNESSETH:
WHEREAS, Gomex-Moller RE3 LLC is the fee owner of real property described as 2114 Vermont
Rd Building Envelope (the "Property"); and
WHEREAS, the Owners desire to keep the retaining wall in a portion of the County's Right -of -Way
for; and
WHEREAS, Owners desire to obtain from the County an encroachment casement to allow the
already constructed retaining wall (The "Encroachment") to remain on a portion of the County Right -
of -Way for Vermont Rd in the area circled on Exhibit A, which is attached hereto and incorporated
herein by this reference; and
WHEREAS, County is willing to grant an easement to allow the Encroachment to remain in the
circled area in Exhibit A, subject to the terms of this Agreement.
NOW, THEREFORE, in consideration of the foregoing premises and following promises,
County and Owners agree as follows:
ENCROACHMENT EASEMENT GRANT:
The County hereby grants to Owners and their heirs, successors and assigns, a non-exclusive,
revocable easement on and over a portion of the County's Right -of -Way for Vermont Rd for the
Encroachment in the area circled Exhibit A attached hereto (the "Encroachment Easement").
The Owners shall not use the Encroachment Easement for any other purpose except as described
herein. Owners may use, maintain and repair the Encroachment located within the Encroachment
Easement, as detailed below in the Construction and Maintenance section.
The Encroachment Easement granted by this Agreement shall be enjoyed by Owners, their successors
and assigns, so long as the Encroachment Easement is used in accordance with the terms and
conditions of this Agreement. This Agreement shall not be construed as conferring any rights or
benefits on any third parties.
Notwithstanding anything herein to the contrary, County, in its sole discretion, reserves the right to
terminate this Agreement as it relates to all or a portion of the Encroachment Easement and to require
Owner, its successors or assigns, to remove or reduce the Encroachment at Owner's, its successors or
assigns', sole expense upon ninety (90) days written notice by County. In the event Owner, its
successors or assigns, ceases to use the Encroachment 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 the Encroachment Easement may be terminated upon ten (10) days written notice by
Page 1
DocuSign Envelope ID: A420FC19-C941-45CA-8181-CE2966C3583F
County, in its sole discretion. Upon notice of termination of the Encroachment Easement by County,
the Encroachment shall be removed and/or relocated at Owners, their successors or assigns' sole
expense. The Encroachment Easement area shall be restored to its original condition, or as close
thereto as possible. if the Encroachment is not timely removed in response to County's request and
the Encroachment Easement area is not restored within the allowed time period, County may do so at
Owner's, its successors or assigns' sole expense, which expense shall be promptly reimbursed by
Owner, its successors or assigns, on penalty of placement of a lien on the Subject Property to assure
payment of such expense.
The Encroachment Easement granted by this Agreement is non-exclusive and County reserves the
right to use for itself and to grant to others rights -of -way over, under, across or through the
Encroachment Easement herein granted, provided that they do not 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 Encroachment 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.
CONSTRUCTION AND MAINTENANCE OF ENCROACHMENT WITHIN THE
EASEMENT:
Construction, including repair, replacement, alterations, and maintenance of the Encroachment will
be the sole responsibility of Owners or their successors and assigns. No construction shall be
commenced until approved in writing by County; such approval not to be unreasonably withheld or
delayed. Notwithstanding the foregoing, 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 Encroachment as part of the permitting process.
Owners agree to be responsible for all ongoing necessary repair and maintenance associated with the
current and any future use of the Encroachment Easement.
INDEMNIFICATION:
Owner shall, to the fullest extent permitted by law, indemnify and hold harmless County and any of
its officers, 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 or the Encroachment
Easement, or are based upon any performance or nonperformance by Owners hereunder or their
successors or assigns; and Owners 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.
Page 2
DocuSign Envelope ID: A420FC19-C941-45CA-8181-CE296GC3583F
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 Owners, their 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 this 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 Agreement both County
and Owner commit themselves to perform pursuant to these terms contained herein.
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 County and Owners 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 Owners and their respective successors and assigns, any right, remedy or claim under or
by reason hereof or by reason of any covenant or condition herein contained.
If any portion of this 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 provision shall be fully
severable and this Agreement shall be construed and enforced as if such invalid provision had never
been inserted into this Agreement.
This Agreement may be amended, modified, changed, or terminated in whole or in part only by
written agreement duly authorized and executed by both County and Owners. This Agreement
represents the full and complete understanding of County and Owners and supersedes any prior
agreements, discussions, negotiations, representations or understandings of County and Owners 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.
All of the covenants herein contained shall be binding upon and inure to the benefits of the parties
hereto, their respective heirs, personal representatives, successors and assigns.
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.
Page 3
DocuSign Envelope ID: A420FC19-C941-45CA-8181-CE2966C3583F
IN WITNESS WHEREOF, this Encroachment Easement Agreement is executed on 7/5/2022
ATTEST:
FDOCUSigned by:
BY: 11" OL'I%t.lA.
Clerk o Ft8FF9O-bf County
Commissioners
COUNTY OF EAGLE, STATE OF
COLORADO, by and through its BOARD OF
COUNTY COMMISSIONERS
DocuSigned by:
BY:
Jeanne C ueeney, Chair
[Signatures Continued on the Following Page)
Page 4
DocuSign Envelope ID: A420FC19-C941-45CA-8181-CE2966C3583F
OWNER
B
Jor --
Go z-Moller RE3 LLC
STATE OF
) SS.
COUNTY OF
The foregoing instrument was acknowledged before me by 3cw&30tb , this Is 41 day .
of _ , 2022. a EL 9 •l., ass TD.
My Commission expires: sqj is 2oti5
�� � ��—NmyWELMMEL
N tary Public
Commission # HH 17067
at Q� Expires August 31. 2026
��Oifla4` $OfdOd ihl{BudpM NopIy SMYiOq
STATE OF
) SS.
COUNTY OF
s Moller-Gom z
-Moller RE3, LC
QY�16
The foregoing instrument was acknowledged before me by 14ut Z*s R1016r, i LJ!" day
of latr` ...__ .._, 2022. i�Towt a. R- V-L "
M Commission expires: A%W,5v. �3 } 74 LS
sir rru �;tfrtt'r"�t1'iOEL RAtdGEt.
N Giary Public .•••• :° Commission # HH 171567
' * Expires August 31, 2025
~�EOffiO�C ggdcdiltY$IdSdN�N!'$lIYICES
Page 5
DocuSign Envelope ID: A420FC19-C94145CA-8181-CE2966C3583F
EXHIBIT A
ENCROACHMENT EASEMENT
Page 6
|
�
�
)
�
�
|
�
�
] |
�
.
� I
�! #
a
■
|
) � �
�
s
�
R!
�§
.