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HomeMy WebLinkAboutC81-023 Shue_road agreement\'. R 0 A D A G R E E M E N T THIS AGREEMENT is made and entered into by and between ERNEST W. SHUE and EVELYN I. NETAHLA SHUE, whose address is P.O. Box 626, McCoy, Colorado 80463, hereinafter referred to as "Shues", and THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, hereinafter referred to as "County"; WHEREAS, Shues are the owners of Tract 49, Section 9, Township 2 South, Range 83 West of the Sixth Principal Meridian, in Eagle County, Colorado; AND WHEREAS, Shues are desirous of obtaining a right- of-way for vehicular ingress and egress to and from said property from Colorado State Highway 131, over and across Tract 50 in said Township and Range, said Tract 50 being located immediately south of the property owned by Shues and being owned by the State of Colorado and controlled by the Colorado State Board of Land Commissioners, hereinafter referred to as "Commission"; AND WHEREAS, the Commission has indicated its willing- ness to grant to County such right-of-way to be designated as a public road; `qmp/ AND WHEREAS, the County has agreed to apply for said right-of-way and hold title thereto, provided that Shues, for themselves and their heirs, successors and assigns, agree to certain terms and conditions as hereinafter con- tained; NOW THEREFORE, the parties hereby agree as follows: 1. County shall apply to the Commission for a right- of-way for ingress and egress over and across the property described on Exhibit A, attached hereto, and in the event of the granting of said application, shall hold title to said property as a public right-of-way. 2. All expenses in connection with the preparation and filing of said application, including legal expenses, survey costs, appraisal fees, and application fees, shall be paid by Shues. In addition, Shues shall be responsible for the payment of any sums due Commission in payment for the grant- ing of said right-of-way. 3. Said right-of-way shall be a public road. 4. Shues agree to properly maintain said road, insur- ing proper drainage and snow removal, at their sole expense, and the County shall have no responsibility for any con- struction or maintenance of said road. Shues further agree to indemnify and hold County harmless from any claims or losses of any person for any injury to person or property resulting from the use of said road. 5. Said right-of-way shall be deemed appurtenant to the aforementioned Tract 49, and the terms and conditions of this agreement shall be binding upon and inure to the bene- fit of all future and subsequent owners of said property. IN WITNESS WHEREOF, this agreement has been approved this ,�, e day of February, 1981. Attest: Count lerk i Ernest W. Shue Evelyn I. Netahla Shue THE B ARD OF COUNTY COMMISSIONERS OF EAUGE COUNTY,1COLORADO -2-