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HomeMy WebLinkAboutC02-332 Eagle River Mobile Home Park_Easement DeedEASEMENT DEED THIS DEED is made this day of &4&,-nAeG , , 2002, between Eagle River Mobile Home Park, LLLP, whose address is 2 West Dry Creek Circle, Littleton, CO, 80120, hereinafter "Grantor," and the Board of County Commissioners of Eagle County, Colorado, a political subdivision of the state of Colorado, hereinafter "Grantee." W ITNESSETH: Grantor is the fee owner of certain real property described on Exhibit "A" and "B" attached hereto and incorporated herein by this reference, hereinafter "Property." The definition of Property shall not include Grantor's streets and/or driveways off of Highway 6 used by Grantor, its tenants, agents, guests or the public for accessing the Eagle River Mobile Home Park property_ except for that area shown on Exhibit B as a crosswalk across the southern driveway access. Grantee is desirous of accepting an easement on the Property under the terms, conditions and agreements hereof. Grantor, in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby confessed and acknowledged, hereby grants a perpetual, non-exclusive easement unto Grantee, and its successors and assigns, for the benefit of the general public, for installation and maintenance of a pedestrian and bicycle trail, in, on, over and upon the Property, to have and to hold the same, together with all and singular the appurtenances and privileges thereunto belonging or in any way thereunto appertaining, to the proper use and benefit of Grantee, and its successors and assigns, forever, subject only to the terms hereof. Grantee may establish rules for the use of the Property for trail purposes in accordance with its exclusive judgment. Grantee may grade, pave and otherwise improve the Property for trail purposes, including the installation of culverts and other drainage structures, and including rest stops, in accordance with its exclusive judgment. Improvements include signs, and Grantee may install signs identifying the trail, location, use rules, and otherwise relating to the use and protection of the Property as is deemed appropriate in Grantee's sole judgment. Grantee shall construct, maintain, repair and replace, in a manner and by means in accordance with its exclusive judgment, all such improvements at its own expense. Grantor shall not be liable for repair or replacement of Grantee's improvements in the event a utility company damages the improvements due to the installation, repair or replacement of utilities within the easement area. Grantee may connect the trails on the Property to trails on adjoining properties. Grantor shall not place, construct or maintain any structure on or above the surface of the Property or otherwise obstruct access to or the use of the Property. Grantee agrees that it shall construct the recreational trail in a good and workmanlike manner; that after construction it shall clear the area of all construction debris and restore the area to its previous condition as near as may be reasonable, including revegetation of disturbed areas; and (IIIII IIIII IIiIIII II IIIIIII IIIII II���I I'I �IIII III III V/30 00 04:41P Sara J Fisher Eagle, CO »4 R 0.00 D 0.00 u that the recreational trail shall be maintained in a neat and orderly condition. This easement is granted subject to prior, recorded grants of easements. Except for use of its prior grant of a utility easement, after the date hereof, Grantor shall not make or authorize any use of the Property which is inconsistent with or interferes with the use authorized herein. To the extent allowed by law, Grantee agrees to indemnify, protect, defend and hold harmless Grantor from and against any and all claims, demands, causes of action, losses, liabilities, suits, costs and expenses, including, without limitation, reasonable attorney's fees and court costs, asserted against or incurred by Grantor by reason of or arising under the use of the Property described in this easement by Grantee or any member of the public, or any acts or ommissions of Grantee, it officers, employees, agents, contractors or subcontractors in connection with the construction and maintenance of improvements on the Property. The obligation of Grantee to indemnify, protect, defend and hold harmless Grantor as provided herein is absolute, unconditional, present and continuing, and shall not be dependent upon or affected by the genuineness, validity, regularity or enforceability, demand or suit from which Grantor is indemnified, provided that Grantee does not hereby waive the immunities and limitations provided under the Governmental Immunity Act or any successor thereto. IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal the day and year written above. GRANTOR Eagle River Mobile Home Park, LLLP ACKNOWLEDGMENT STATE OF COLORADO ) ss. County of ) The foregoing instrument was acknowledged before me this/siNay of , 2002, by Boris B. Vukovich as General Partner of Eagle River Mobile Home Park, LLLP and he acknowledged that he executed the same. My commission expires: MY COMMISSION EXPIRES: Septamber 06 Nota ub is [seal] ACCEPTANCE ,\OTARy -0-0--0- !oUB LIB 818762 Page: 2 of 7 u *4uw ACCEPTANCE The foregoing deed is accepted by the Board of County Commissioners of Eagle County, Colorado, on0Anpffi(}gd�, 2002. EAGLE COUNTY, STATE OF COLORADO by and through its BOARD OF COUNTY COMMISSIONERS II�I�NNN�Ile,N��Iq�,NY�IPo 1711 ;m'.'s7 .. EXHIBIT A FROM EAGLE RIVER MOBILE HOME PARK \ \ EAGLE RIVER \ MOBILE HOME PARK a BOOK 408, PAGE 219 v O � \ 2N �CV \ \\S6� ��,e gspyq� r \ \ SCALE \\\ \\ 1"=20' N68 3g 1 pUeCI C \ 5 4 \ \ \ \ � W SfMeNT OS % 7 � 4s,. op 10 o O Mp qGz q y G/N Oh0 "nccF S \qRk \ Wq y \ SURVEYORS CERTIFICATE I, RICHARD J. MIGCHELBRINK, A PROFESSIONf THE LAWS OF THE STATE OF COLORADO, DO WAS MADE BY ME AND UNDER MY SUPERVIS AND CORRECT TO THE BEST OF MY KNOWLE J/ vz DATE: _ � 7=1�_ \ O, STERED UNDER THIS EXHIBIT P IS ACCURATE I11M According to Colorado law you must commence NOF NK y legal action based upon ony detect in NIe survey $ hln elv year after you fire, dieclwr such defect. In ewnt, may any action based upon any defect In this rwy be commenced are than ten year frame the to of the certification shown hereon. SHEET 1 A PARCEL OF LAND SITUATED IN BENCHMARK ENGINEERING SERVICES / OF 1 SECTION 6 T5S, R82W. PO BOX�4619 /se JOB No. 02 005 EAGLEWCODUNTYOLOOLORADC $1862eI IIIII IIII II 111111111111111111111111111 a: Sara J Fisher Eagle, CO 174 R 0.00 0 0.00 n Nft. IVAW Legal Description A From Eagle River Mobile Home Park A parcel of land situated in Section 6, Township 5 South , Range 82 West of the 6th Principal Meridian, County of Eagle, State of Colorado, and known as being a portion of those lands transferred to Eagle River Mobile Home Park, as described in the Deed Book 408, page 219 of the Eagle County Records and more fully described as follows: Beginning at a point on the Northerly Right of Way of Highway 6, said point being North 21" 25' 49" East, a distance of 50.00 feet from the centerline station 1575+57.22 of Highway 6, as determined from the construction plans for Highway 6, Project No. F 001-2(3), Sheet 4, said point being the true place of beginning for the easement herein described; Thence, North 68° 34' 11" West, along the Northerly Right of Way of Highway 6, a distance of 105.44 feet to a point, Thence, North 21 ° 25' 49" East, a distance of 12.00 feet to a point, Thence, South 69' 23' 0 1 " East, a distance of 105.45 feet to a point, Thence, South 21" 25' 49" West, a distance of 13.50 feet to the true place of beginning and containing 1,344 square feet or 0.031 Acres of land, more or less, as surveyed by Benchmark Engineering Services in May of 2002, but subject to all legal highways and easements of record, if any. 818762 Page: 5 of 7 EXHIBIT B 1-11110, tit 5 FROM EAGLE RIVER MOBILE HOME PARK ���\ \ III�IIII�III IIIIIIIII IIIIIII IIII�IIIIII III 818762 3gIIIII II 1111 20\ 0 \ Ea91e, 00 17a R 0.00 4.43P JS D 0.00 1 \ EAGLE RIVER MOBILE HOME PARK BOOK 408, PAGE 219 SCALE 1w=60' NUM Aacor Ihq to Wormo lee you must commence my Ind action bayed upon any defeat in We arvey within viz years after you tint dlaciv aM defeat In no evmt, may any action bayed upon my defect in this eu ey be commmcM more than ton rare from the date of the certlflcatlm Mown hereon. EAGLE RIVER MOBILE HOME PARK BOOK 408, PAGE 219 \ ACCESS DRIVEWAY EAGLE RIVER MOBILE HOME PARK 0 �9, ACCESS DRIVEWAY �yo° EAGLE RIVER °' °' MOBILE HOME PARK '4 ,`fL�4jo �ti 1•� SURVEYOR'S CERTIFICATE I, RICHARD J. MIGCHELBRINK, A PR( THE LAWS OF THE STATE OF COLOF WAS MADE BY ME AND UNDER MY AND CORRECT TO yHEEST OF MY DATE: J/�//� L) SHEET 1 I A PARCEL OF LAND SITUATED IN I BENCHMARK ENGINEERING SERVICES OF 1 SECTION 6 T5S, R82W. 775 CHAMBERS AVE B201 JOB No. EDWARDS COLORADO EAGLE, COLORADO 81631 02-005 EAGLE COUNTY, COLORADO 970-328-2111 FAX 970-328-2113 IS *Awe Leg -at Description B From Eagle River Mobile Home Park A parcel of land situated in Section 6, Township 5 South, Range 82 West of the 6th Principal Meridian, County of Eagle, State of Colorado, and known as being a portion of those lands transferred to Eagle River Mobile Home Park, as described in the Deed Book 408, page 219 of the Eagle County Records and more fully described as follows; Beginning at a point on the Southerly Right of Way of Highway 6, said point being South 21 ° 25' 49" West, a distance of 50.00 feet from centerline station 1570+60 of Highway 6, as determined from the construction plans for Highway 6, Project No. F 001-2(3), Sheet 3, said point being the true place of beginning for the easement herein described; Thence, South 21 ° 25' 49" West, leaving said Right of Way of Highway 6, a distance of 7.50 feet to a point, Thence, North 68° 41' 03" West, a distance of 500.00 feet to a point, Thence, North 21 ° 25' 49" East, to the Southerly Right of Way line of Highway 6, a distance of 8.50 feet to a point, Thence, South 68' 34' 11" East, running along said Right of Way of Highway 6, 500.00 feet to the true place of beginning and containing 4,000 square feet or 0.092 Acres of land, more or less, as surveyed by Benchmark Engineering Services in May of 2002, but subject to all legal highways and easements of record, if any. 111111111111111IUIIIIIMIWlli9111='°'°'... DISTRIBU_ T_ 110JN g1jigLen15 to: l . Contract Boo 3. ' U4- t 4. Ccy?_a to_ 1. Accountin-' 2. 3.