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Home My WebLink AboutC23-272 Easement Agreement_Agvest LLC_recordedDocuSign Envelope ID: 3DAC49842753-484B-8F134C1C1335RC36 EASEMENT AGREEMENT FOR BRIDGE STRUCTURE IMPROVEMENTS THIS EASEMENT AGREEMENT (hereinafter "Easement Agreement") is made and entered into this, 8/22/2023 , (the "Effective Date") by and between Agvest, LLC (hereinafter "Agvest") and Eagle County, � Colorado, a body corporate and politic, by and through its Board of County Commissioners (hereinafter "Eagle County"). WITNESSETH: WHEREAS, Agvest is the owner of the real property more particularly described on Exhibit A, attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, Eagle County is reconstructing the Daggett Lane Bridge over Gypsum Creek on Daggett Lane (the "Project"); and WHEREAS, the Project will require construction of bridge structure improvements on the Property as further described by the Project plans, attached hereto as Exhibit B and incorporated herein by this reference (the "Improvements"); and WHEREAS, Agvest has agreed to grant Eagle County perpetual, non-exclusive easements for the purpose of installation, construction, and maintenance of the Improvements on the Property pursuant to the terms and conditions of this Agreement; and NOW, THEREFORE, in consideration of the terms and covenants stated herein, the sufficiency of which is hereby acknowledged, Agvest and Eagle County agree as follows: EASEMENT GRANT: Agvest hereby grants and conveys to Eagle County, its successors and assigns, non-exclusive, perpetual easements for the purpose of excavating for, constructing, installing, changing, maintaining, inspecting, repairing, or replacing the Improvements over, under, across, and through portions of the Property described by the legal descriptions attached hereto as Exhibit A and at the locations shown on the Project right-of-way plans attached hereto as Exhibit B (collectively the "Permanent Easement"). The Permanent Easement granted by this Easement Agreement and the Improvements to be located thereon shall be used by the public. The Permanent Easement granted by this Easement Agreement is non-exclusive, and Agvest reserves the right to use for itself and to grant to others rights over, under, across, or through the Permanent Easement, provided that they do not damage or unreasonably interfere with the Permanent Easement or the structural support of the Improvements. Without limiting the foregoing, Agvest reserves the right to place along, across, under, over, and through the Permanent Easement as many electric lines, power lines, waterlines, sewer lines, gas lines, telephone lines, or other utilities as Agvest may deem necessary, as well as landscape improvements such as plant materials, grasses, trees, entry features, street-scape, or hard-scape subject only to the right of Eagle County to use the same for the purposes herein granted. The placement of the Improvements onto the Property shall not constitute any relinquishment of Agvest's property rights whether through claims of adverse possession or any other means. Eagle County, CO 202311680 Regina O'Brien 08/23/2023 Pgs: 10 04:09:34 PM REC: $0.00 DOG: $0.00 DocuSign Envelope ID: 3DAC4984-2753-484B-8F13-4C1CB35F6C3B CONSTRUCTION AND MAINTENANCE OF IMPROVEMENTS: Eagle County shall be solely responsible for all construction, repair, and maintenance of the roadway slopes Improvements, and Daggett Lane within the said Permanent Easement and hereby releases Agvest from any and all liabilities arising out of the County's use of the Permanent Easement. Eagle County shall at all times remain solely responsible for injuries, demands, damages to persons or property, losses, or judgments arising from the use of the Permanent Easement. ENFORCEMENT REMEDIES: Agvest and Eagle County agree that the rights and obligations set forth in this Easement Agreement may be enforced for specific performance, injunctive, or other appropriate relief, including damages, as may be available according to the laws and statutes of the State of Colorado. It is specifically understood that by executing this Easement Agreement, both Agvest and Eagle County commit themselves to perform pursuant to the terms and conditions contained herein. In the event that an action is brought to enforce this Easement Agreement, the prevailing party shall be responsible for the recovery of its costs and fees, including reasonable attorney's fees, to the extent permitted by law. MISCELLANEOUS: This Easement Agreement shall be governed and construed in accordance with the laws of Colorado. Venue for any action arising out of any dispute pertaining to this Easement Agreement shall be in Eagle County, Colorado. This Easement Agreement and the rights and obligations created hereby shall be binding upon and inure to the benefit of Agvest and Eagle County and their respective successors and assigns. Nothing herein expressed or implied is intended or should be construed to confer or give to any person or entity other than Agvest and Eagle County and their respective successors and assigns, any right, remedy, or claim under or by reason of any covenant or condition herein contained. If any portion of this Easement Agreement is held invalid or unenforceable for any reason by a court of competent jurisdiction, such portion shall be deemed severable and its invalidity or its unenforceability shall not affect the remaining provisions; such remaining provisions shall be fully severable and this Easement Agreement shall be construed and enforced as if such invalid provision had never been inserted into this Easement Agreement. This Easement Agreement may be amended, modified, changed, or terminated in whole or in part only by written agreement duly authorized and executed by both Agvest and Eagle County. This Easement Agreement represents the full and complete understanding of Agvest and Eagle County and supersedes any prior agreements, discussions, negotiations, representations, or understandings of the Agvest and Eagle County with respect to the subject matter contained herein. The parties hereto agree that neither has made or authorized any agreement with respect to the subject matter of this instrument other than expressly set forth herein, and no oral representation, promise, or consideration different from the terms herein contained shall be binding on either party, or its agents or employees hereto. 2 DocuSign Envelope ID: 3DAC4984-2753484B-8F13-4C1CB35F6C3B Agvest represents that it is the record owner of the Property upon which the Permanent Easement is located and that it has full power and authority to execute this Agreement. This Permanent Easement is granted subject to prior recorded grants of easements. Eagle County shall maintain commercial general liability insurance ("CGL") for the use and occupancy of the Permanent Easement. Eagle County's CGL policy shall provide for insurance coverage consistent with the limits of liability under the Colorado Governmental Immunity Act, and shall name Agvest as an additional insured under said insurance policy. Eagle County, its elected officials, officers, agents, and employees are relying upon and do not waive or abrogate, or intend to waive or abrogate by any provision of this Easement Agreement the monetary limitations or any other rights immunities or protections afforded by the Colorado Governmental Immunity Act, C.R.S Section 24-10-101, et. seq., as the same may be amended. All financial obligations of Agvest and Eagle County under and pursuant to this Easement Agreement are subject to prior appropriations of monies expressly made by Eagle County for the purposes of this Easement Agreement. No elected official, director, officer, agent, or employee of Eagle County shall be charged personally or held contractually liable by or to the other party under any term or provision of this Easement Agreement or because of any breach thereof or because of its or their execution, approval, or attempted execution of this Easement Agreement. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. The parties approve the use of electronic signatures for execution of this Agreement. Only the following two forms of electronic signatures shall be permitted to bind the parties to this Agreement: (i) Electronic or facsimile delivery of a fully executed copy of the signature page; (ii) the image of the signature of an authorized signer inserted onto PDF format documents. All documents must be properly notarized, if applicable. All use of electronic signatures shall be governed by the Uniform Electronic Transactions Act, C.R.S. 24-71.3-101 to 121. Any notice required or permitted under this Easement Agreement shall be in writing and shall be hand -delivered or sent by registered or certified regular mail, postage pre -paid to the addresses of the Parties set forth below. Each party by notice sent pursuant to this paragraph may change the address to which future notices should be sent. Notice to County: Ben Gerdes Eagle County Engineer 500 Broadway Post Office Box 850 Eagle, Colorado 81631 DocuSign Envelope ID: 3DAC4984-2753-484B-8F134C1CB35F6C3B And a copy to: Eagle County Attorney 500 Broadway Post Office Box 850 Eagle, CO 81631 Telephone: 970-328-8685 Facsimile: 970-328-8699 Notice to the Agvest, LLC: Agvest, LLC P.O. Box 1010 Gypsum, CO 81637-1010 [Remainder of Page Intentionally Left Blank] DocuSign Envelope ID: 3DAC4984-2753-484B-8F13-4C1CB35F6C3B DocuSign Envelope ID: 30AC4984-2753484B-8F134C1CB35F6C3B IN WITNESS WHEREOF, AGVEST, LLC and EAGLE COUNTY have executed this Easement Agreement this _day of JjAt , 2023. ATTEST: STATE OF COLORADO ) ) ss. COUNTY OF EAGLE ) The foregoing instrument was acknowledged before me this .?-) day of Mlu 2023 by , Agvest, LLC. My commission expires: 04. 1$ , 20 2 & [seal] Sarah O Haver NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20224014874 "?'dota'ep'PttUlte."_ DocuSign Envelope ID: 3DAC4984-2753-484BAF13-4C1CB35F6C3B EAGLE COUNTY, STATE OF COLORADO By and through its Board of County Commissioners jj D USi9ned by: By: �"Av— Kat y CHONar=Henry, Chair ATTEST: ed by: B poeeuSign(L'1mwL Regina O'Brien, Clerk to the Board DocuSlgn Envelope ID: 3DAC4984-2753-484B-8F13-4C1CB35F6C3B EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY DocuSign Envelope ID: 3DAC4984-2753-484B-8F13-4C1CB35F6C3B EXHIBIT A DAGGETT LANE BRIDGE PERMANENT EASEMENT Section 19, Township 5, South, Range 85 West, Tract 94 A Permanent Bridge Easement description located in a part of Tract 94, Township 5 South, Range 85 West, Eagle County, State of Colorado. For: Eagle County Road and Bridge Department. LEGAL DESCRIPTION That part of Tract 94, located in T5S, R85W of the 6th P.M., according to the deposited Land Survey Plat in Book 1, Page 315 deposited on December 22, 1997, County of Eagle, State of Colorado, described as follows; COMMENCING at Corner 2, Tract 94, from which Corner 3, Tract 94, bears South 00 degrees 14 minutes 38 seconds East, 1294.63 feet (Basis of Bearing as shown), Thence Southeasterly to the physical center of an existing Bridge over Gypsum Creek located on Daggett Lane, County Road S-10 as shown in said Book 1, Page 315; thence leaving said physical center of an existing Bridge in a Southeasterly direction 35.00 feet along the centerline of said Bridge to the POINT OF BEGINNING; Thence Northeasterly along the east line of said Permanent Easement, 27.50 feet to the northeasterly comer of a Permanent Easement; Thence Northwesterly along the north line of said Permanent Easement, 70.00 feet to the northwesterly corner of a Permanent Easement; Thence Southwesterly along the west line of said Permanent Easement, 55.00 feet to the Southwesterly corner of a Permanent Easement; Thence Southeasterly along the south line of said Permanent Easement, 70.00 feet to the southeasterly corner of a Permanent Easement; Thence Northeasterly along the east line of said Permanent Easement, 27.50 feet to the point of beginning. �111 - Intl -oo -Oo5 DocuSlgn Envelope ID: 3DAC49842753-484B-8F13-4C1CB35F6C3B APPROVED PLANS b Sign Envelop• ID: 3DRC99M-2753 MB-6F13 C1CB35F6MB EXHIBIT B l MPMMr ONSMUCBM EAS ENT IMm Dme: Iw/ts 1 Revisions Eo9�e County As Con56VCted Daggett Lane Bridge rrojecT rvo./�oae pw,•9roe OVSheet Canmems wnnauWS V•n. k[ :NIS pwfl9 pj•elpd PED SOOBroodWoy NO Reriaan. L0 Right of Way Plan Um' ml—.hw un ie Im•e 83� Ea 970-32 35631 New : oee9eo sench:e •.w belm P: 970-32&3560 pelmet: lw Nunees r _ __ _ F: 970-328-8789 e�Beou vola: sneels•es•n wmelsneely sn••I Numoes p9