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HomeMy WebLinkAboutC02-331 Williams-Dunning_easement deedIDr." all% I s1►M_Il19) D1 �] THIS DEED is made this 1776L day of lsl, 2002, between Kit C. Williams and Gail B. Dunning, whose address is 2925 Booth Creek Drive, Vail, CO, 81657 hereinafter "Grantor," and the Board of County Commissioners of Eagle County, Colorado, a political subdivision of the state of Colorado, hereinafter "Grantee." Grantor is the fee owner of certain real property described on Exhibit "A" attached hereto and incorporated herein by this reference, hereinafter "Property." 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 the fill slope for a pedestrian and bicycle trail adjacent to the Property, as shown on Exhibits `B" and "C", 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 grade and otherwise improve the Easement for fill slope purposes, including the installation of culverts and other drainage structures, in accordance with its exclusive 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. In the event that improvements are damaged or destroyed by Grantor, and its employees, agents and contractors, on or upon the Easement, the Grantor shall be responsible for repair and restoration of the improvements to their immediately prior condition. To the extent allowed by law, Grantee shall indemnify and hold harmless the Grantor, and its successors and assigns, from and against any claim of liability arising from acts or omissions of the Grantee, and its employees, agents and contractors, in connection with the use authorized herein; provided that Grantee does not hereby waive the immunities and limitations provided under the Governmental Immunity Act or any successor thereto. At such time as the fill slope purpose for which this easement was originally granted is no longer necessary for any reason, Grantee or Grantor may request dissolution of this easement. Such dissolution must be in writing and will not be unreasonably withheld by Grantee or Grantor. Grantor shall not place, construct or maintain any structure on or above the surface of the Easement that would unreasonably obstruct access to or the use of the Easement. 818761 Page: I of 6 12/04/2002 15:50 970-32P "539 ECO TRANSIT & TR4ILS PAGE 02/06 This Easement is granted subject to prior, recorded grants of easements. After the date hereof, Grantor shall not make or authorize any use of the Easement which is inconsistent with or interferes with the use authorized herein. IN WITNESS WIIEREOF, Gram= has hereunto set his hand and seal the day and year written above. GRANTOR Kit C. Williams W71T 0 iI Gail B. Dunning ACKNOWLEDGMENT STATE OF COLORADO ) County of u ) 4 In The foregoing instrument was acknowledged before me this 5 day of Uws o1nnln ' . N , 2002,�1y `l W U 1 Vtlni ✓_ `I- V- ] W t l (`-( Q gas 9=6 N M 1Z e3 _d be acknowledged that it executed the same. My commission expires: My Commission Expires 01/03/2005 CA A• 49 Ap NOT, I# 0 [seal] s 7' A(/B L 10+ •'p 9H1 1 • .: IIIIII IIIII IIIIIII II IIIIIII IIII IIIIIII III IIIII IIII IIII 1/ 818761 04 : 41 P Sara J Fisher Eagle, CO 174 R 0 ACCEPTANCE The foregoing deed is accepted by the Board of County Commissioners of Eagle County, Colorado, on �,1 QAQ� 0.." _ / 1- 2002. EAGLE COUNTY, STATE OF COLORADO by and through its BOARD OF COUNTY L. i�VIIMI�IIWIII�IIIINIIPo9R 8-,'�':... .A*911: A parcel of land, being a part of Lot 4, Section 6, Township 5 South, Range 82 West of the 6th Principal Meridian, more particularly described as follows: Beginning at a point on the North line of Section 6, Township 5 South, Range 82 West of the 6th Principal Meridian, whence the Northwest corner of the said Section 6 bears West 1148.2 feet; thence East 297.0 feet; thence South 0 degrees 07' East 519.9 feet to the northerly right-of-way line of U.S. Highway Nos. 6 & 24; thence northwesterly along the said right-of-way line to a point 407.1 feet south of the place of beginning; thence North 407.1 feet to the place of beginning; County of Eagle, State of Colorado. a�,y�;.�Jnn{ptb.....nw4F,ODarPd IIIR II IIIIIMIII IIII III �II II II 8�8 :6 6 .,.,> Legal Description iB From Kit Williams and Gail Dunning 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 Kit Williams and Gail Dunning, as described in the Deed Book 621, page 202 of the Eagle County Records and more fully described as follows; Beginning at a point where the northern Right of Way of Highway 6 intersects the eastern property line of the said Williams/Dunning parcel, thence, North 64' 38' 11" West, a distance of 120.00 feet to a point, said point being the true place of beginning for the easement herein described; Thence, North 64' 38' 11" West, continuing along the said Highway 6 right of way, a distance of 120.00 feet to a point, Thence, North 21' 25' 49" East, leaving said Right of Way of Highway 6, a distance of 12.00 feet to a point, Thence, South 68° 34' 11" East, parallel to the said Right of Way of Highway 6, a distance of 120.00 feet to a point, Thence, South 21 ° 25' 49" West, a distance of 12.00 feet to the true place of beginning and containing 1,440 square feet or 0.033 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. r�o REG�s�F ..... C '�.� 9�► 342� x; 6v f �NO���. IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 8187� a..,o EXHIBIT C,-� FROM KIT WILLIAMS AND GAIL DUNNING IIIIIII�I� �IIIIer I IIIIIIII II�IIIIII�IIIIllla $° 8 e6 a.,.,o Sara J ,tv KIT WILLIAMS AND GAIL DUNNING ,� BOOK 621, PAGE 202 h, .ry DO �N ^N �/ C ppF Mq`'� l V 64 &ft FFq ----PO. 00 , WA � >1'Y SFM "'%� 24 00.0 ,583(70npf SCALE 1 " = 40" � I I�C �ry "`oo /Q Rk'yT pF N64,38. NOTICE: According to Colorado law you must commence any legal action based upon any defect in this survey within six years after you first diacIvor 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. SURVEYOR'S CERTIFICATE I, RICHARD J. MIGCHELBRINK, A PROFESSIONAL LAND SU THE LAWS OF THE STATE OF COLORADO, DO HEREBY CE WAS MADE BY ME AND UNDER MY SUPERVISION, AND AND CORRECT TO TH BEST OF MY KNOWLEDGE. DATE:i /11 A E UNDER f IBIT • on 04�� • � RATE �•O IGCHELBRINK S ••3k�OND 3428 • SHEET I A PARCEL OF LAND SITUATED IN BENCHMARK ENGINEERING SERVICES ,%SR1i%C OF 1 SECTION fi T5S, R82W. 775 CHAMBERS4AVE. B201 1 wA JOB No. EDWARDS COLORADO EAGLE, COLORADO 81631 �A w 02-005 EAGLE COUNTY, COLORADO 970-328-2111 FAX 970-328-2113 s R_f .W DISTRIBUTION Originals to• 1. Contract Bo k `f 2.�e..�l�' �� T 3. 4� Lll E Cries to• 1. Accounting 2. 3. 4. _Z