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HomeMy WebLinkAboutC02-319 IGA_Town of EagleCow sIql0 INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO AND THE TOWN OF EAGLE, STATE OF COLORADO This Intergovernmental Agree.*cent, is made and entered into this �c?,6-&day of N n Vb2002, by and between the County of Eagle, State of Colorado, a body corporate and politic, by and through its Board of County Commissioners, hereinafter referred to as the "County" and the Town of Eagle, State of Colorado, a municipal corporation, by and through its Town Council, hereinafter referred to as the "Town." WHEREAS, the Constitution and laws of the State of Colorado permit and encourage local governmental entities to cooperate with each other to make the most efficient and effective use of their powers and responsibilities; WHEREAS, the County and Town enter into this Agreement under the authority of local governments of the State of Colorado to contract with one another. C.R.S. §29-1-201, et seq., Article XIV, Section 18 of the Colorado Constitution; WHEREAS, the County constructed grandstands and other improvements on certain real property located in the Town of Eagle, Colorado, commonly know as the Eagle County Fairgrounds ("Subject Property"). WHEREAS, as part of the improvements to said Subject Property, the Town required from County water tap and sewer tap fees. WHEREAS, the Town is desirous of acquiring a sewer line easement across portions of the Subject Property from County in lieu of payment of the above mentioned tap fees. NOW, THEREFORE, for and in consideration of the mutual promises and other consideration contained herein, the adequacy of which is hereby acknowledged, the parties agree as follows: 1. The County shall execute and deliver a Quit Claim Easement dedicating to the Town, and its successors and assigns, a thirty foot (30'0") easement for the purposes of operating, inspecting, maintaining, and repairing a sanitary sewer line in a form similar to and on a route shown on Exhibit "A" attached hereto and incorporated herein by this reference. 2. The Town shall waive all water tap and sewer tap fees owing from the County for the construction of grandstands on the Subject Property. G:\bryan\misc\eagleIGA.wpd 3. The parties agree that the exchange of a sewer line easement in lieu of charges for water and sewer tap fees is an exchange of items of equivalent values. 4. Notices hereunder may be given by personal delivery, U. S. mail or fax (with electronic confirmed receipt), to the respective parties as follows: County: Eagle County Director of Facilities Management P. O. Box 850 Eagle, CO 81631 Telephone: 328-8880 Fax: 328-8899 Town: Town of Eagle Manager PO Box 609 Eagle, Colorado 81631 Telephone: 328-6354 Fax: 328-5203 Notice will be deemed given on the date of delivery or three business days after deposit in a U. S. Postal Service depository. If notice is given by fax, it shall be deemed given the business date after transmission. 5. It is understood and agreed by the Parties hereto that if any.part, term or provision of this Agreement is held by a court of competent jurisdiction to be illegal or in conflict with any federal laws or any law of the State of Colorado, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the Parties shall be construed and enforced as if the Agreement did not contain the particular part, term or provisions held to be invalid. 6. Nothing in this Agreement is intended to create or grant to any third party or person any right or claim for damages or the right to bring or maintain any action at law, nor does any party waive its immunities at law, including immunity granted under the Colorado Governmental Immunity Act. 7. This Agreement is intended as the complete integration of all understandings between the parties and constitutes the entire Agreement between the parties hereto. No prior or contemporaneous addition, deletion or other amendment shall have any force of effect, unless embodied herein in writing. //REMAINDER OF PAGE INTENTIONALLY LEFT BLANK// GAbryanlmiscleagleIGA.wpd ... IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date first above written. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its ATTEST: BOARD OF COUNTY COMMISSIONERS Clerk to the Boaazd of County Commissioners ATTEST: wn Clerk G:\bryan\misc\eagleIGA.wpd o&AGte - o Michael L. Gallagher, TOWN OF EAGLE, COLORADO By: Roxie ane Mayor LJ GRANT OF QUIT CLAIM EASEMENT For valuable consideration, the County of Eagle, State of Colorado, a body corporate and politic, by and through its Board of County Commissioners ("County") hereby grants, sells and conveys to the Town of Eagle, State of Colorado, a municipal corporation ("Town"), its successors and assigns, a thirty foot (30'0") easement for the property that County may maintain an interest in a location and on a route shown on Exhibit "A" attached hereto and incorporated herein by this reference ("easement") which is a part of the property commonly known as the Eagle County Fairgrounds, Eagle County, Colorado ("premises"), for the purposes of operating, inspecting, maintaining, repairing, and replacing a sanitary sewer line. The rights granted in this Agreement shall be possessed and enjoyed by Town, its successors and assigns, so long as the sewer line and appurtenances constructed shall be maintained and operated by Town, its successors or assigns. County reserves the right to use and enjoy the premises to the fullest possible extent without unreasonable interference with the exercise by Town of the right granted in this Agreement. Town shall have no right to locate any surface installation, except necessary manholes, on any part of the easement, or to fence the whole or any part of the easement. Town shall be fully liable for all injuries to persons or damage to property resulting from the maintenance, operation or removal of its sewer line over and across the easement, and shall hold harmless County and its commissioners, boards, employees, agents and insurers, from any and all claims, suits, costs, losses and expenses that may in any manner result from or arise out of the maintenance, operation, repair, or removal of the sewer line. The easement granted by this Agreement is non-exclusive and County reserves the right to use for itself and to grant for others rights -of -way, provided that they do not interfere with Town's sewer line. To the extent permitted by law, Town reserves the right to review and approve proposed facility installations that would run parallel with the length of this easement. Such Town approval will not be withheld unless the proposed facility installation would materially interfere with the operation, inspection, maintenance, repair, and/or replacement of the Town's sewer line. Town and its employees and agents shall have free access over the premises to the easement, using such reasonable routes as County may designate or approve for any and all purposes necessary or convenient to the exercise by Town of the rights granted by this Agreement. Town may access the easement at all necessary times provided that Town will use its best efforts to avoid disruption to County of the use of the premises. This grant covers all of the agreements between the parties and no representations or statements, verbal or written, have been made modifying, adding to, or changing the terms of this Agreement. EXHIBIT This easement and all provisions hereof shall inure to the benefit of and be binding upon the parties, their successors and assigns. IN WITNESS WHEREOF, GRANTOR has executed this Easement this day of , 2002. ATTEST: COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS BY: BY: Clerk to the Board of County Commissioners TOWN OF EAGLE Representative GAbryanlmis6cagle easementlwpd 2 Michael L. Gallagher, Chairman *4.. u Johnson, Kunkel & Associates, Inc. CIVIL ENGINEERING • LAND PLANNING • SURVEYING • MAPPING LEGAL DESCRIPTION Sanitary Sewer Easement on the Eagle County Fairgrounds parcel A easement for the operation and maintenance of a sanitary sewer line as previously described in a document as filed at Book 330 Page 977 in the office of the Eagle County Clerk and Recorder, over a strip of land thirty (30) feet wide, over portions of G.L.O. Tracts 45, 67 and 68, in Section 32, Township 4 South, Range 84 West of the Sixth Principal Meridian and Tracts 46D, 47 and 51, in Sections 5 and 6, Township 5 South, Range 84 West of the Sixth Principal Meridian all being located in the County of Eagle, State of Colorado, being further described on a land survey plat on file at Book 1, Page 407 in the office of land survey plat records of Eagle County, with all courses in this description based upon a bearing of S87°05' 13"W between Corner No. 5 of said Tract 51, being marked by a 2 %:" diameter aluminum cap, PLS 925630, and Corner No.6 of said Tract 51, being marked by a 2" diameter aluminum cap, PE/LS #23089, with the centerline of the said easement being more particularly described as follows: Section 1 Beginning at a point on the southerly boundary of the Eagle County Fairgrounds parcel as described on said Land Survey Plat, from where said Comer No. 5 of Tract 51 bears N58048'34"E 644.77 feet with the sidelines of said Section 1 Easement to be shortened or lengthened to commence on said southerly boundary; thence departing said southerly boundary along the following fourteen (14) courses: 1) NO1°00'27"W 11.36 feet; 2) N72°21'16"E 243.63 feet; 3) N89°09'00"E 397.94 feet; 4) N73°37'59"E 397.89 feet; 5) N48°49'40"E 396.77 feet; 6) N48002' 13"E 397.18 feet; 7) N47°52'05"E 400.95 feet; 8) N26°49'39"E 399.68 feet; 9) N46°08' 10"E 347.06 feet; 10) N52°27'09"E 298.69 feet; 11) N66-21'25"E 198.66 feet; 12) N25036'47"E 350.64 feet to intersection point A; 13) N32-41'58"E 270.71 feet; 14) N35°07'44"E 312.47 feet to a point on the northerly boundary of said Eagle County Fairgrounds parcel and the southerly right -of —way line of Interstate Highway 70; thence over said right-of-way the following two (2) courses: 1) N35°07.44"E 87.38' P.O. Box 409 • 1286 Chambers Ave. • Suite 200 Eagle, Colorado 81631 • Phone (970) 328-6368 • Fax: (970) 328-1035 P.O. Box 771 196 • 1 120 So. Lincoln Ave. • Suite 202 Steamboat Springs, CO 80477 • Phone: (970) 879-4676 • Fax: (970) 879-4870 2) N46053'44"E 193.76' to a point on said northerly boundary; thence over said Eagle County Fairgrounds parcel N46053'44"E, 8.00' to a point on the northerly boundary of said Eagle County Fairgrounds; thence over said right-of-way the following two (2) courses: 1) N46°53'44"E 199.26' 2) N49°33'32"E 239.27' to a point that is N40°26'28"W 5.84 feet and perpendicular to the most northeasterly corner of said Eagle County Fairgrounds parcel, thence over said right-of-way the following two (2) courses: 1) N49°33'32'E . 160.71' 2) N54°50'33"E 399.37' to the point of terminus. Section 2 Commencing at a point on said Section 1 easement, described in this document as intersection point A, from where said Corner No. 5 of Tract 51 bears S51 "57'59"W 2986.60 feet; thence S41 ° 16'43 "E 16.31 feet to a point on the southerly sideline of said Section 1 easement and the Point of Beginning for Section 2 easement, with the sidelines of said Section 2 easement to be shortened or lengthened to commence on said southerly sideline; thence S41 ° 16'43"E 292.55 feet; thence S64° 19'08"E 42.86 feet to a point on the southerly boundary of said Eagle County Fairgrounds parcel, with the sidelines of said Section 2 Easement to terminate on the southerly boundary of said Eagle County Fairgrounds parcel and said southerly boundary. See the Attached Exhibit. o Rf�,sl o•ooee Michael J. He 1 ZW41 .1 :�Q 0 jf��oe00000000°o• Survey Manager7ii�C E �N4 ���`,�� Johnson, Kunkel & XINOb11�n���� , gZ00 2 06 Rebor and 2" Aluminum Cap Corner 6 Tract 51 T5S R84W PEAS #23089 BASIS OF BEARING DETAIL \ / NTS i i \NO,'00'27"W 11.36' Point of / \ Beginning EXHIBIT A 30' SANITARY SEWER EASEMENT n 8 n o � m E a f+1 m � mm 8S F e rvu n H u N N _3 ma n m _ C1 _ n $O Nm NE O m ng Easement Centerline — I G �N u o a o 0 Easement Sideline - — — — _ — _ — — — _ TRACT e60 � LHEET 2 p0 9�♦ EAGLE COUNTY FAIRGROUNDS PARCEL 3015' / / 15' Tract Line, typ. / / / / U z a0� i t1.55' l,0 'c 2 1/2" Aluminum `aN0.y96'1 a (nDO � n' Cop Corner 5 Tract Sanitary Sewer / / (l) It 51 T5S R84W Manhole, t / / "I-t u S a 64N�'I PLS #25630 // // .V z C IN U Section 1 to o Ng6 —_—N89'09'00"E E ——397.94'— — — — �� ( U x � a TRACT a O ^ C Do z o Boundary of Eagle 0 TRACT 51 EAGLE RIKR County Fairgrounds Parcel, lyp. , . o W m 1 b EXHIBIT A 30' SANITARY SEWER EASEMENT TRACT 66D Tract line, typ. EAGLE COUNTY FAIRGROUNDS PARCEL SHEET 1 Sanitary Sewer Manhole, typ. INTERSATE 70 ROW U L TRACT 67 ry9oy. ry^ p9/ Corner 2 er 3, Tract Cop t 67 T4S R84W �p ��/ / Section 1 15' 30, 2 1/2- Aluminum Cap Corner 5 Trocl 51 T5S R84W PLS 025630 _ m / Boundary of Eagle County Fairgrounds Parcel, typ. EAGLE RIVER TRACT 46D Eosemenl Cenletline _ Eosemenl Sideline — — — — — — _ _ _ _ — / Point of Beginning Section 2 o m 'TS•fry N < P n ro r$ c^ 564'19'08"E \42.86' # Em F. v� / W $ o SHEET 3 n / n $W utm nE 0 2 �m o i � q a / A IntersecLio Paint A 1 U i DO a n $ U 8 to e 541'16'43"E \ U m ' 16.3t' p z U — _ DETAIL N NTS dV p U � Lp 2 6 C a. U C o D o % � o C H I o a t 06 v e 5 z 5 a i a 1 0 6 EXHIBIT A 30' SANITARY SEWER EASEMENT Tract Line, typ. TRACT 6) NMRSATE 70 Rol / ^InlersecliAa\ Point I / p p � 05 / / 6. \ S41'l 6'43"E \ 16.31' DETAIL NTS 15' 30' - Section I XS /2�ry W / Point of Beginning \ Section 2 EAGLE COUNTY FAIRCROUNDS PARCEL vrybNp , c S�"\S6�Z B68'E I Sanitary Sewer Manhole, typ. YY T 3 1 \ Pp9�b9ry� / /S40' 86'' ti / DETAIL NTS Boundary TRACT 45 of Eagle County Fairgrounds Parcel, typ. i m Easemml Centerline m — N Easemml Sideline - — — — — _ — _ — _ _ U N) DISTT4IBUT'ION O! Inals to: 1. qn ract Book 2.1 3O 7 tZ-�v 4. - L Copies to• 1. Accounting 2.