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HomeMy WebLinkAboutC81-042 Frederick GreenBoJbk';325• Recorded at 3:00 PM Jure 29, 1981 ,Page 272 "Rdcorder: Johnette Ph5 s • = 221�& No Fee AGREEMENT BETWEEN -4a&K-tck 6eee yz �j AND THE COUNTY OF EAGLE, COLORADO GRANT OF CONSTRUCTION EASEMENT AND CONVEYANCE OF RIGHT-OF-WAY THIS AGREEMENT is made and entered into this day of _ !:Lgayc , 1981, by and between FR,F:DER_T_OK D.-GREEN (Grantor"), and the County of Eagle, Colorado, a body corporate and politic, by and through it's Board of County Commissioners ("Grantee"). WHEREAS, Grantee desires to improve, i.e. reconstruct, straighten and widen, the present County right-of-way commonly known as the Lake Creek Road Project No. S-25 (the "Lake Creek Road"); and WHEREAS, by reason that certain portions of Grantor's property abutting the Lake Creek Road are necessary for the improvement of said road, Grantee desires to obtain a con- struction easement over, across and through Grantor's real property described in Exhibit A (the "Construction Easement") attached hereto and incorporated herein by this reference, and desires to acquire a right-of-way over, across and through 1% 0 Grantor's real property described in Exhibit B (the "right- of-way") attached hereto and incorporated herein by this reference; and WHEREAS, Grantor has agreed to grant to Grantee the above -referenced construction easement and right-of-way upon the conditions and covenants set forth hereinbelow. NOW, THEREFORE, for and in consideration of the mutual covenants, conditions, and promises contained herein, the parties hereto agree hereby as follows: SECTION ONE CONSTRUCTION EASEMENT In consideration of the sum of $ 10.00 and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor does hereby grant to Grantee an easement over, across and through the real property described in Exhibit A for the purpose and use of re -construct- ing and improving the Lake Creek Road by making minor changes in alignments, by digging ditches, placing culverts, making cuts and fills, removing brush and timber interfering with llftw� the Lake Creek Road, and for such other purposes and uses on which are reasonably necessary and incidental to the re -con- struction and improvement of said road. The use of the construction easement by Grantee shall terminate upon completion of the construction and improvement of the Lake Creek Road or one year from the execution of this agreement, whichever occurs first. Upon the termination of the use of the construction easement, Grantee shall, within a reasonable period of time thereafter, remove its equipment, facilities and materials from the construction easement, and shall restore the property to its former condition, which shall include revegetation. SECTION TWO CONVEYANCE OF RIGHT-OF-WAY In consideration of the sum of $ 10.00 and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor does hereby agree to -2- ` t..r 1�qw/ \qw� 1.r/ convey to Grantee that certain real property referred to in Exhibit B for the benefit of the County to be used as a public road right-of-way. Said real property shall be conveyed to Grantee by proper deed from Grantor upon the Grantor's receipt from Grantee of an accurate survey setting forth the legal description by metes and bounds of the right- of-way to be conveyed as depicted in Exhibit B. SECTION THREE OBLIGATIONS OF COUNTY In consideration of the construction easement and right-of-way, the Grantee hereby agrees and covenants to do the following: 1. The reconstruction and improvement of that portion Jastrow's property, the Homestead property an of the Lake Creek Road abuttingnGranter's property shall be completed 6 MONTHS from the date of execution of this agreement. For purposes of this agreement, completion shall not include asphalt surfacing of the Lake Creek Road. 2. The reconstruction and improvement of the Lake Creek Road shall be in substantial compliance with the present County rules and regulations relative to construction standards for collector status roads. 3. Grantee shall repair and/or replace irrigation and drainage ditches that are damaged and/or substantially affected by reason of the construction on the Lake Creek Road. 4. Grantee agrees to fence both sides of the recon- structed Lake Creek Road with a fence sufficient to contain cattle, horses and/or sheep, and to repair all of Grantor's fences that are damaged because of the construction on the Lake Creek Road. Said fences shall be constructed in accor- dance with the State Department of Highways Construction -3- Standards for fences. 'ZLA. 5. Grantee shall use its best efforts during the reconstruction and improvement of the Lake Creek Road to treat the subgrade in order to reduce the dust on said road. 6. Grantee agrees to repair and/or restore those portions of Grantor's front entrance driveway, if one presently exists, that is damaged because of the construction on the Lake Creek Road,up to its condition immediately prior to the commencement of the reconstruction and improvement of the Lake Creek Road. 7. Grantee shall restore any other property of Grantor's not included in the construction easement and/or conveyed right-of-way which has been damaged by reason of the construction on the Lake Creek Road back to its former condition. 8. In addition to the foregoing, Grantee hereby agrees to be responsible and obligated to satisfactorily perform and complete the following work and/or tasks: 9. See Page 8 SECTION FOUR SUPERVISING ENGINEER The engineer for this project is Doug Pilcher, Eagle County Road and Bridge Supervisor, P.O. Box 250, Eagle, Colorado, 81631. As the Grantee's representative during the construction period, the engineer shall provide the general administration of this agreement; and all notices, approvals, acceptances, requests, bills, demands or statements hereunder from Grantor to the Grantee shall be in vrriting and shall be deemed to have been given upon the mailing of said notice by United States certified, first-class mail, postage prepaid, and addressed to Doug Pilcher at the respective address as shall appear -4- herein or upon a change of address pursuant to this notice '"Mr, provision. SECTION FIVE ASSIGNABILITY Grantor shall not assign, transfer, convey, pledge, sublet or otherwise dispose of this agreement without the prior written consent of the Grantee. SECTION SIX DEFAULT In the event that Grantor defaults in the performance of this agreement on Grantor's part, or otherwise breaches the terms of this agreement, Grantee shall have the right, at its election, to commence an action in law and/or equity for specific performance and damages, in addition to any other legal remedies available. In the event Grantee defaults in the performance of this agreement on it's part, or otherwise breaches the terms of this agreement, Grantor's sole remedy shall be to commence an action in law for damages. 14%� SECTION SEVEN APPLICABLE LAW The laws of the State of Colorado and the rules and regulations issued pursuant thereto shall be applied in the interpretation, execution and enforcement of this agreement. Any covenant, condition or provision herein contained that is held to be invalid by any Court of competent jurisdiction -5- 1 `qw shall be considered deleted from this agreement, but such deletions shall in no way affect any other covenant, condition, 1`%WW or provision herein contained so long as such deletion does not materially prejudice the respective parties hereto and the respective rights and obligations contained in the valid covenants, conditions, or provisions of this agreement. SECTION EIGHT LIABILITY Grantee agrees to indemnify Grantor against and save Grantor harmless from any and all demands, claims, causes of action or judgments, and any and all expenses (including, `.d without limitation, attorney's fees) incurred in investigating or resisting the same, for injury to person, loss of life or damage to property (XXXXAXXXX4XXXX1NK) occurring during the period this agreement is in effect and arising out or related to the Grantee's intentional acts in the use of the construction easement and/or the conveyed right-of-way by Grantee in the reconstruction and improvement of the Lake Creek Road. SECTION NINE TERM OF AGREEMENT This agreement shall terminate upon the fulfillment of all terms and conditions contained herein. SECTION TEN BINDING EFFECT The construction easement and the conveyed right-of- way referred to herein, and the agreements contained herein are binding on and for the benefit of the parties hereto and ``. their respective heirs, personal representatives, successors and assigns. SECTION ELEVEN AMENDMENTS This agreement supercedes all proposals, oral or written, and all negotiations, conversations or discussions heretofore had between the parties related to this agreement. This agreement shall not be deemed or construed to be modified, amended, recinded, cancelled or waived, in whole or in part, except by written amendment signed by the parties hereto. ` mo, SECTION TWELVE APPROPRIATION Financial obligations of Grantee payable after the current fiscal year are contingent upon funds for the purposes set forth in this Agreement being appropriated, budgeted and otherwise made available. IN WITNESS WHEREOF, the parties have executed this agreement on the day first above written. GRANTOR: By: Address: j `70 Telephone: *)ZO STATE OF COLORADO ) ss. COUNTY OF EAGLE ) Subscribed and sworn to before me this day of 1981. My commission expires: Notary Public -7- lrp� d.r/ d.r/ ,tq, '3:o of the Ao 0 ty Commissioners GRANTEE: COUNTY OF EAGLE, STATE OF COLORADO By and through its BOARD OF COUNTY COMMISSIONERS ,By: " fL Aj Dale F. Grant, Chairman Address: P.O. Box 850 Eagle, Colorado 81631 Telephone: 328-7311 Extension 241 1. Grantor obtains television signal via a cable which passes through a culvert in Lake Creek Road. Grantee agrees not to interrupt the television signal for more than five (5) business days during reconstruction of Lake Creek Road, and in the course of construction to sever the cable at the existing splice near the road and pull the cable out of the work area. After completion of construction, Grantee agrees to replace the cable, restore service and grant to Grantor an ease- ment for the cable line and maintenance. z S 2. Grantee agrees to replace the existing fence from the Calhoun-Jastrow property line to the Palmer-Steinle - property line with 42 inch "V" mesh fence topped by two strands of Barbed Wire. The fence shall be supported L by two wood posts, double braced, every 150 feet and by steel posts 15 feet on center. %o jer_4 CAT),4c"S_7/0tk U 'o 1, C �/ I;a t4W 1(.e- tttj 4 s S"• �� � � S''7/�fL�G'� ,i%wc�7l, i Y-C. w � T 3. Grantee agrees to replace the existing gate on the Jastrow property with a 16 foot "Sioux" brand gate, and to replace the existing double gate at Grantor's entry with two 16 foot "Sioux" gates. �ef{t /i• /.c%�.�fi�� , �� • ox �81so Ec�q./e l,olo®2a�� U ,//0 3 / 1° = 50 ' Horz. I"= 5' Vert. _, NW 1/4 Section 8 - ,# ��—' 1 •nil PIQs Fif lPnn Ni { Allen and 2,Mpany v .»"1 .. .' .• .. �- A=18°27'45" ��� 1 R - 615 29' ��- .. .....- _..1'1� T 100.0 0 �.-. _-'• w199.27 1, Scc T�Ow:i -. ....Y _ Y ,�ffARCEL 3 --._ i•'f, o,' d22' L `j 4 S _072 u*_ - ..... °........ $15°.gjj'4gr�yt�l8r 1'a^. PARCEL 0 6 z 14p79 leefio ml cote a i�<i;�. 3 .y ' - T9 �• .,_� , 140 N n1 Free=nuN D G.een S p�� 6 .r42*ea C.Nf ,`. �NM1 1E07.93 _ _ Jnh. Pnimer 7' arts �in �f F�/rC e d- t'il f rw Yis'f Sfvr7 ' Urtr„w'e Rxis//n� fssGe Allen and Company Pr,Fa,ly 13 A 4 `'en=nck 0 Green ,o I" = 50' Horz. 1"= 5' Vert. t 1 , a o o,° A M - �rJ 6 - 116 g4' 1 PARCEL 6 z N I. N e-cG��n4111 m36"xjT CMs � . AIV.-ax b"de ft tz of g.4 f - 09r- YVa y �e NA° � C 4 1 � n $ 7A Xpi°lam W ` - 14079 n dnh'� C Pal.n°� r '44 a i 4 �f r �i 221636 BETH A. WHITTIER COUNTY ATTORNEY BOX 850 EAGLE, CO 81631