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HomeMy WebLinkAboutC02-317 Eagle county School District_Irrigation Easement Deed and Vacation`r .� IRRIGATION EASEMENT DEED AND VACATION THIS IRRIGATION EASEMENT DEED AND VACATION is made thisz6' "lay of 2002, between the EAGLE COUNTY SCHOOL DISTRICT, RE-50J, acting by and through its Board of Education (hereinafter "Grantor"), and the COUNTY OF EAGLE, acting by and through its Board of County Commissioners ( hereinafter "Grantee'). WITNESSETH: Grantor is the fee owner of certain real property described on Exhibit "A" attached hereto and incorporated herein by this reference, more commonly referred to as Berry Creek Ranch Tract-B(hereinafter "Property"). Grantee is desirous of accepting an easement (hereinafter "Irrigation Easement") on the Property for the purpose of constructing and maintaining an irrigation pump system and storage shed for irrigating the recreational parcel shown on Exhibit "A" and more commonly referred to as Berry Creek Ranch Tract-C. Grantor has previously granted to Grantee a 35' x 35' irrigation easement (hereinafter "Original Irrigation Easement") on the property for the above stated purpose in a location shown on the Final Plat for the Berry Creek/Miller Ranch Planned Unit Development recorded in the Clerk and Recorder's Office of Eagle County at Reception Number 799649 and as also delineated on Exhibit `B" attached hereto and incorporated herein by this reference. Grantee is desirous of changing the location of the Original Irrigation Easement to the new location proposed on Exhibit B for the purpose of more efficiently irrigating the recreational parcel of Berry Creek Ranch Tract-C. Grantor and Grantee are desirous of granting this new Irrigation Easement and vacating the Original Irrigation Easement under the terms, conditions and agreements hereof. Grantor, for good and valuable consideration, the receipt and sufficiency of which are hereby confessed and acknowledged, hereby grants a perpetual, non-exclusive Irrigation Easement unto Grantee, and its successors and assigns, for the benefit of the general public, for installation and maintenance of a pump station and enclosure in a location as shown on Exhibit `B", 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 improve the Irrigation Easement for the above stated purposes 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. 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 IIIIIIII�IIBIRIIIA�IIIIIRIIIII `=°L's 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 pump station may be moved or the Irrigation Easement is otherwise no longer necessary for the purpose for which this easement was originally granted, 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, above, or below the surface of the Irrigation Easement that would unreasonably obstruct access to or the use of the Irrigation Easement. This Irrigation Easement is granted subject to prior, recorded grants of easements. After the date hereof, Grantor shall not make or authorize any use of the Irrigation Easement which is inconsistent with or unreasonably interferes with the use authorized herein. The Irrigation Easement is accepted by the Board of County Commissioners of Eagle County, Colorado, on the date above written. Release is hereby given by Grantee of that 35' x 35' Irrigation Easement created by the Final Plat for the Berry Creek/Miller Ranch Planned Unit Development recorded in the Clerk and Recorder's Office of Eagle County at Reception Number 799649, and as also delineated as the Original Irrigation Easement on the attached Exhibit `B". Grantee, for good and valuable consideration, the receipt and sufficiency of which are hereby confessed and acknowledged, releases the easement described in this paragraph, it being the intention of the parties to terminate this easement. //REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK// I�IIII IIIIIII II IIIII III IIIII I II 01/21/2003 820896:. m IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. ATTEST: rs s By: � x Sara J. Fis er Title: Clerk to the Board of County Commissioners COUNTY OF EAGLE, STATE OF COLORADO BY AND THROUGH ITS CHAIRMAN TO THE BOARD OF COUNTY EAGLE COUNTY SCHOOL DISTRICT RE-50J IIIIII III IIIIII III (IIIIII I I III III I IIIII III lill 82@896z: 17P Teak Simonton Eagle. CO 174 R 0.00 D 0.00 , \\\�\ a,»< -- ! \ dj � w � R-Mr 77M� ----- � {� �! ---- — 820896 Page: ,of 6 Teak ewe Eagle,m m/20 e =,7P m .e_ o0._ f. . !9 / \ \ } FUH ql®®\| 6 gl d!H ! ! }E3A EXHIBIT A TRACT B TRUE OF BE( N10'15'23"E — 15.00' BASIS OF BEARING — Sg' POINT OF BEGINNING SCALE: 1"=2Ci'F_,;, CENTER LINE 30' WIDE IRRIGATION EASEMENT \ (HOWARD DITCH) Original Irrigation cement (Being Vacated) POINT NNING New ., L? IRRIGATION EASEMENT 15.03, I � � �C 7. FOUND NO.5 REBAR WITH ALUMINUM CAP PLS 27598 R �VARlq R��C� WIDTH) = I IIIIII IIIII IIIIIII III IIIIIII III IIIIIII I IIIII IIII illl $ Zil'J� 00 12 : 17P� Teak Simonton Eagle, CO 174 R 0.00 0 0.00 S79.4 .'7 e _ 1g8 57 LINE TABLE L1 L2 L3 L4 IRRIGATION EASEMENT EXHIBIT TRACT B BERRY CREEK / MILLER IIANCII EARING '44 7" Legal Description An Irrigation Easement located in Tract B, Berry Creek / Miller Ranch per the Plat thereof as recorded in the Clerk and Recorders Office at Reception No. 799649, also being a part of the Northeast Quarter, Southwest Quarter, of Section 4, Township 5 South, Range 82 West of -the 6 h Principal Meridian, County of Eagle, State of Colorado being more particularly described as follows: Commencing at an angle point on the Northerly Right of Way of Miller Ranch Road at a found No. 5 Rebar with Aluminum Cap PLS 27598 which is the Point of Beginning for this description; Thence North 10°l 523" East a distance of 15.00 feet, to an angle point on the Northerly Right of Way of said Miller Ranch Road to a found No. S Rebar with Aluminum Cap PLS 27598, forming a Basis of Bearing for this description; Thence South 79°443T' East a distance of 15.03 feet along the Northerly Right of Way of said Miller Ranch Road, to the True Point of Beginning for this description; Thence North 101115'23" East a distance of 13.43 feet; Thence South 79°44'3T' East a distance of 25.00 feet; Thence South 10° 15'23" West a distance of 13.43 feet to a point on the Northerly Right of Way of said Miller Ranch Road; 'Thence North 79°44'37" West, along the Northerly Right of Way of said Miller Ranch Road, distance of 25.00 feet, to the True Point of Beginning, said Irrigation Easement containing 0.008 acres more or less. 10 It Page 2 of 2 IIIIII IIIII IIIIIII III IIIINI III IIIIIII III IIIII IIII 0.00 820899 Page: 6 of 6 01/21/2003 12:17P D 0.00