HomeMy WebLinkAboutC98-285 Mid Valley Metropolitan District_utility easementUTILITY EASEMENT The undersigned Grantor hereby acknowledges receipt of TEN DOLLARS ($10.00), the sufficiency of which is also acknowledged, from the MID VALLEY METROPOLITAN DISTRICT, a Colorado special district, whose address is 0031 Duroux Lane, Suite A, Basalt, Colorado 81621, (hereafter the "Grantee") in consideration of which Grantor hereby grants unto said Grantee, its successors and assigns, a permanent non-exclusive twenty (20) foot wide utility easement on the property commonly known as the Mt. Sopris Tree Farm, 1035-01 Sopris Road, Town of Basalt, located in the NE 1/4 of Section 3, Township 8 South, Range 87 West, of the 6th Principal Meridian, in the County of Eagle, State of Colorado, to construct, operate, maintain, repair and replace underground utilities and all fixtures and devices, used or useful in the operation of said utilities, through, over, under, across and along a course the center line of which shall be the center line of an existing fifteen inch diameter sewer line as constructed at the time of this grant as shown on the attached drawing of the eastern portion of the Mt. Sopris Tree Farm attached hereto and incorporated herein by reference as Exhibit A. The easement is granted together with the right to enter upon said premises, to survey, construct, maintain, operate, repair, replace, control and use said utility lines and related fixtures and devices, and to remove objects interfering therewith, including the trimming of trees and bushes, and together with the right to use the adjoining premises of Grantor during surveying, provided that the work of installing and maintaining said lines and related fixtures and devices shall be done with care; and further provided that the surface along the easement shall be restored substantially to its original level and condition after any construction, installation, repair or maintenance of any facilities installed in the easement area at the Grantee's expense, including the replacement of paving, if any, in accordance with the promulgated and adopa;d construction standards of the Grantor or the local jurisdiction. The Grantor reserves the right to use and occupy the easement for any purpose consistent with the rights and privileges above granted and which shall not interfere with or endanger any of Grantee's facilities therein or use thereof, but Grantor shall not construct, place, or establish any structures, improvements, or any other obstruction on said easement which will interfere with or render more difficult the use of said easement or otherwise hinder or obstruct the use of such easement for the purpose herein described. The use of the surface of the easement for open space purposes at times when the Grantee is not installing, repairing, constructing or maintaining the Grantee's facilities will not be deemed to constitute an interference. The Grantor further reserves the right, in its sole discretion and at its sole expense, after written notice to the Grantee, to relocate the easement and the utility line; provided however that any and all such relocation shall be done in accordance with the construction standards promulgated and adopted by the Grantee. The easement granted herein to the Grantee is subject to all prior easements and/or encumbrances of record which exist on the date of the execution of this Grant that may affect the property. In case of the permanent abandonment of the easement all right, privilege and interest granted shall terminate. This Easement may be executed in duplicate original counterparts, each of which shall constitute an original, but all of which shall constitute one and the same document. Signed thisjuilay of t n ,o —1 !q%g GRANTOR: BOARD OF COUNTY COMMISSIONERS OF ExalipZNTY LO C.I& TitleJSTATE OF COLORADO ) ss. COUNTY OF 7— The regoing instrum t was acknowled ed, subscribed, and swom to before me tbis,z,�ay of �Up t, 1998'. by as ands by '� on behalf of WITNESS my hand and official seal. My Commission expires: ��. d"'. C) ko AZ,4.- Notary Public MVMD-Utility Esmt-l-redline Ii FRZSIMMONS Li . . am nm 19 10. ja amd r' : • : ' • : • : canter,,,• • �� �.� t .T. Tr l�r••. Tr rr'.�•+ �� :cE 2 ; ::T._.:..•_.' .........................•..•..•.'.'.•.. ....... GI --- - - • {dry 0 p FT STATION Ekbibit A t0 EDI `;.:.I Utility Easmiant A /0001�1 .40" DISTR�., �IUIV �Lnals It 0-M• 1. ! Contract Boo 2. ` sr A0 3. 4.� Co Les to: 1. Accounting