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HomeMy WebLinkAboutC23-137 Easement 2_Edwards Metro District_Tract C Berry Creek-Miller Ranch PUDDocuSign Envelope ID: 3F861CAC-BD52-4497-8COC-B22B5EA90780 EASEMENT AGREEMENT FOR EDWARDS METROPOLITAN DISTRICT THIS EASEMENT AGREEMENT (hereinafter "Easement") is made and entered into on 4/18/2023 by and between the Edwards Metropolitan District, a Colorado Special District, with an address of 28 2nd Street, Suite 213, Edwards, Colorado 81632 (hereinafter the "District"), and Eagle County, Colorado, a body corporate and politic, by and through its Board of County Commissioners with an address of Post Office Box 850, 500 Broadway, Eagle, Colorado 81631 (hereinafter "Eagle County"). WITNESSETH: WHEREAS, Eagle County owns parcels legally described as TRACT C BERRY CREEK/MILLER RANCH PUD, according to the FINAL PLAT thereof in Sections 3, 4, and 5, Township 05 South, Range 82 West of the 6th P.M., as more fully described at Reception Number 799649 in the records of the Eagle County Clerk and Recorder's Office, Eagle, Colorado and MILLER RANCH PARCEL 1, according to the FINAL PLAT thereof in Section 4, Township 05 South, Range 82 West of the 6th P.M., as more fully described at Reception Number 820378 in the records of the Eagle County Clerk and Recorder's Office, Eagle, Colorado (hereinafter, the "Subject Properties"); and WHEREAS, the District currently holds an easement for a recreation path (the "Recreation Easement") as created and depicted on the Final Plat for the Subject Properties as recorded at Reception Number 799649 in the records of the Eagle County Clerk and Recorder's Office, Eagle, Colorado; and WHEREAS, the District desires to construct, install, operate, and maintain pedestrian lighting, electrical conduit, electrical wiring, distribution lines, and all incidental and associated materials (hereinafter, the "Improvements") in conjunction with the Recreation Easement; and WHEREAS, Eagle County is willing to grant the District a perpetual, non-exclusive easement for the purpose of installation, construction, and maintenance of the Improvements on the Subject Properties pursuant to the terms and conditions of this Easement Agreement. NOW, THEREFORE, in consideration of the terms and covenants stated herein, the sufficiency of which is hereby acknowledged, the parties agree as follows: EASEMENT GRANT: Eagle County hereby grants and conveys to the District, its successors and assigns, a non- exclusive, perpetual easement no more than twenty feet (20') in width over, on, and across portions of the Subject Properties at the locations shown on Exhibit A, which is attached hereto and incorporated herein by this reference (hereinafter, the "Easement"). The Easement shall be for the purpose of excavating for, constructing, installing, maintaining, inspecting, repairing, or replacing the Improvements and shall include the right to clear all trees and brush, by machine work or otherwise, within the Easement, and the further right to cut trees, even though outside of the Easement, which are deemed to interfere with the Improvements. Eagle County, CO Regina O'Brien Pgs: 10 REC: $0.00 DOC: $0.00 202304133 04/19/2023 12:29:47 PM DocuSign Envelope ID: 3F861 CAC-BD52-4497-8COC-B22B5EA90780 This Easement Agreement is non-exclusive and Eagle County reserves the right to use for itself and to grant to others rights over, under, across or through the Easement, provided that they do not damage or unreasonably interfere with the Improvements. Notwithstanding the foregoing, Eagle County reserves the right to place along, across, under, over and through the Easement as many electric lines, power lines, waterlines, sewer lines, gas lines, telephone lines and other utilities as Eagle County may deem necessary, as well as landscape improvements such as plant materials, grasses, trees, entry features, street-scape, and hard-scape. The placement of the Improvements onto Eagle County's Subject Properties shall not constitute any relinquishment of Eagle County's property rights whether through claims of adverse possession or any other means. If, as a result of such future improvements, or if for any reason and in Eagle County's sole discretion, it is determined that the Improvements need to be removed or relocated, then the District shall promptly remove or relocate, or may cause a third -party, to remove or relocate, the Improvements to the satisfaction of and without expense to Eagle County. The District acknowledges that it has the sole responsibility to independently remove and relocate the Improvements or cause a third party to accomplish the same and Eagle County shall have no responsibility therefore. In exchange for the easement provided by Eagle County, the District agrees to make a one time payment of $10.00 to Eagle County. CONSTRUCTION AND MAINTENANCE OF IMPROVEMENTS: Construction of the Improvements shall occur within the parameters established for the Easement Agreement set forth above. Notwithstanding anything to the contrary herein, the District will, at its sole expense, provide all maintenance necessary to repair any damage to and shall at all times maintain all aspects, of the Improvements in a safe and serviceable condition. Eagle County shall have no obligations related to the construction or on -going maintenance or removal of the Improvements, financial or otherwise. The District shall give notice to the County 48 hours before performing work. All storage of equipment and materials shall be confined to the Easement. The District shall be responsible for repair of any damages to the property outside of the easement resulting from construction and maintenance of the Improvements. The District is responsible for obtaining all utility locates prior to starting the work. Upon completion of construction of the Improvements, the District shall deliver to the Eagle County Engineering Department one (1) set of as -built plans along with one (1) electronic copy (pdf)• ENFORCEMENT REMEDIES: The parties 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 2 DocuSign Envelope ID: 3F861 CAC-BD52-4497-8COC-B22B5EA90780 may be available according to the laws and statutes of the State of Colorado. It is specifically understood that by executing this Easement Agreement, the parties commit themselves to perform pursuant to the terms and conditions contained herein. 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 parties 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 the parties 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 the parties. This Easement Agreement represents the full and complete understanding of the parties and supersedes any prior agreements, discussions, negotiations, representations or understandings of the parties 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 Easement Agreement is granted subject to prior grants of easements and other ownership interests of record. Eagle County makes no warranties as to the title of the easement conveyed. Each party shall insure themselves separately against liability, loss and damages arising out of the Easement. No party, their 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 under and pursuant to this Easement Agreement are subject to prior appropriations of monies expressly made by the respective parties for the purposes of this Easement Agreement. 3 DocuSign Envelope ID: 3F861CAC-BD52-4497-8COC-B22B5EA90780' No elected official, director, officer, agent or employee of any party 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 and approval of this Easement Agreement. [rest of page intentionally left blank] 0 DocuSign Envelope ID: 3F861CAC-BD52-4497-8COC-B22B5EA90780 IN WITNESS WHEREOF, THE TOWN, and EAGLE COUNTY have executed this Easement Agreement this 18th day of April , 2023. COUNTY OF EAGLE, STATE OF COLOR -ADO, By and Through Its BOARD OF COUNTY COMMISSIONERS �ocuSl9oed by: By: Au e Henry, Chair Attest: matt scherr, vice chair Docu8lgned by: �p� mmi By: R 41A A / f26 IA Reb4&94moClerk to the Board EDWARDS METROPOLITAN DISTRICT By: lioocuslQned by: : Ailt- —�-288CAOAC490M o... Print Name: Kara Heide Title: President Edwards Metro E DocuSign Envelope ID: 3F861 CAC-BD52-4497-8COC-B22B5EA90780 EXHIBIT A EASEMENT r b Sp Envelope ID: 3Fa01CAC-BD524497-8C0GB22B5EA90700 RIGHT OF WAY — MILLER RANCH ROAD '— — RIGHT OF WAY .... RECREATIONAL PATH EASEMENT _ RECEPTION NO. 799649 NEW 20' WIDE EASEMENT CENTERED ON EXISTING TRANSF EXISTING TRANSFORMER ID NUMBER 19808LA 531 MILLER RANCH BERRY CREEK / MILLER RANCH PUD PARCEL 1 TRACT C wnowl hebn Call5e1wv1W4G RMe Dole: v17123 Sheet Revisions Ea91e County 500 Broadway Eagle, CO 81631 P: 970-328-3560 F: 970-328-8789 As Constructed EXHIBITA Prolecf No,/Cotle u—, we nmre: rxlu'xRnxExRorol�cxmcvux Dole cpmmem. inmm NO Revklans'. Halt Sctle: I'-'!V VM.scab: NR p/I]/]J VERSIONI RED ® ^^' Revxe6 vpia. oave�e.: REo mclIXe Delpila: //v NomUen OID snael Numea< sneel S�rnwr. .mm<IsneaS. �j =� 2 �,y�ir� .�.., �. �. � ��i t,' � t r.}, ' { t , �^ {� •,F { �,i ��� �L''S ,�