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Home My WebLink AboutC00-062 Eagle County School District RE-50J_easement agreement0�, -z"'od 4� Z — 613 EASEMENT DEED THIS DEED is made this day of dC+-o bE!r , 1999, between Eagle County School District RE-50J, whose address is PO Box 740, Eagle, Colorado, 81631, hereinafter "Grantor", and the Board of County Commissioners of Eagle County, Colorado, a political subdivision of the state of Colorado, hereinafter "Grantee" WITNESSETH: Grantor is the fee owner of certain real property described on Exhibit "A" attached hereto and incorporated herein by this reference, hereinafter "Property." Grantee is desirous of accepting an easement on the Property under the terms, conditions and agreements hereof. Grantor, in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby confessed and acknowledged, hereby grants a perpetual, non-exclusive easement unto Grantee, and its successors and assigns, for the benefit of the general public, for installation and maintenance of a pedestrian and bicycle trail, in, on, over and upon the Property, 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 establish rules for the. use of the Property for trail purposes in accordance with its exclusive judgment. Grantee may grade, pave and otherwise improve the Property for trail purposes, including the installation of culverts and other drainage structures, and including rest stops, in accordance with its exclusive judgment. Improvements include signs, and Grantee may install signs identifying the trail, location, use rules, and otherwise relating to the use and protection of the Property as is deemed appropriate in Grantee's sole 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. In the event that improvements are damaged or destroyed by Grantor or other person(s) holding an easement(s) in, on or upon the Property, the Grantor or that person(s), as the i F:\DOCS\EEDWARDS\SCHOOLESMT.DOC \qwp� rg case may be, shall be responsible for repair and restoration of the improvements to their immediately prior condition. Upon the Grantee, or its successors or assigns, ceasing to use and maintain the easement for a pedestrian and/or bicycle path, the easement granted herein shall terminate and any rights therein revert to the owner of the Property. Grantee may connect the trails on the Property to trails on adjoining properties. Grantor shall not place, construct or maintain any structure on or above the surface of the Property or otherwise obstruct access to or the use of the Property. This easement is granted subject to prior, recorded grants of easements. After the date hereof, Grantor shall not make or authorize any use of the Property which is inconsistent with or interferes with the use authorized herein. 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 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. IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal the day and year written above. EAGLE COUNTY SCHOOL DISTRICT RE-50J By C(A- Preside0j, Board of Education Board of Education a F:\DOCS\EEDWARDS\SCHOOLESMT.DOC ACKNOWLEDGMENT STATE OF COLORADO ss. County of Eagle The foregoing instrument was acknowled ed before me this � day of ne r , 1999, by President, and by as Secretary, of he Eagle County School District RE50-J. My commission expires: S-10--Oc?- My COMMISSION EXPIRES- August % 2002 ACCEPTANCE The foregoing deed is accep ed by the Board of County Commissioners of Eagle County, Colorado, on , 2000. . ATTEST: :.� i 14 A Ph Clerk to the and of County Commissioners F:\DOCS\EEDWARDS\SCHOOLESMT.DOC COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS 3 Chairman LOA4 . A;p INContra Engineering Inc 8795 Ralston Road Arvada, CO 80002 303-431-0505 Exhibit A Legal Description Bicycle and Pedestrian Path Easement A strip of land 20 feet wide for a bicycle and pedestrian path easement on a parcel of land located in Section 4, Township 5 South, Range 82 West of the 6th P.M., County of Eagle, State of Colorado, lying 10 feet on each side of the following described centerline: COMMENCING at a point being the intersection of the northerly Right of Way Boundary of the Union Pacific Railroad and those lands as described in Book 291 at page 204 of the records of Eagle County, State of Colorado on the West and Book 653 at page 171 of the records of Eagle County, State of Colorado on the East; THENCE northerly along the common line of said lands as described in Book 291 at page 204 of the records of Eagle County, State of Colorado on the East and Book 653 at page 171 of the records of Eagle County, State of Colorado on the West, a distance of 25 feet to the POINT of BEGINNING; THENCE, through the lands described in Book 653 at page 171 of the records of Eagle County, State of Colorado the following 14 courses and distances: 1) 87.53 feet along a curve to the left with a radius of 350.00 feet, a central angle of 14019'44", the long chord of which bears S 88030'29" E for a distance of 87.30 feet; 2) N 84019139" E, a distance of 57.20 feet; 3) 173.10 feet along a curve to the right with a radius of 250.00 feet, a central angle of 3904021", the long chord of which bears S 75050'11" E for a distance of 169.67 feet; 4) S 56000100" E, a distance of 11.21 feet; 5) 477.56 feet along a curve to the left with a radius of 600.00 feet, a central angle of 45036'13", the long chord of which bears S 78048'07" E for a distance of 465.05 feet; 6) N 78023147" E, a distance of 211.11 feet; 7) 143.32 feet along a curve to the right with a radius of 250.00 feet, a central angle of 32050'46", the long chord of which bears S 85010'50" E for a distance of 141.36 feet; 1*00l 8) S 68045127" E, a distance of 40.86 feet; 9) 151.51 feet along a curve to the left with a radius of 500.00 feet, a central angle of 17021'44", the long chord of which bears S 77026'20" E for a distance of 150.94 feet; 10) Thence, S 86*07'12" E, a distance of 199.89 feet; 11) 81.72 feet along a curve to the left with a radius of 875.00 feet, a central angle of 5021'05", the long chord of which bears S 88047'44" E for a distance of 81.69 feet; 12) N 88031143" E, a distance of 304.09 feet; 13) 91.00 feet along a curve to the right with a radius of 1000.00 feet, a central angle of 5012'50", the long chord of which bears S 88051'52" E for a distance of 90.97 feet; and 14) S 86015127" E, a distance of 147.12 feet to a point on the westerly boundary of Graveyard Road, a.k.a. Cemetery Road. Said point being 10 feet northerly from the northerly right of way boundary of the Union Pacific Railroad. The sidelines at the westerly end of said easement are to be lengthened or shortened to terminate at the said property division line between the lands of Eagle County Recreation Authority and Lands of Eagle County School District, and the sidelines at the easterly end of said easement are to be lengthened or shortened to terminate at the westerly boundary of Graveyard Road, a.k.a. Cemetery Lane. Subject to the all covenants, restrictions, and agreements of record. F 26963 RIGHT-OF- CDen4 E. C, R. T. A. LANDS OF EAGLE COUNTY SCHOOL DISTRICT COUNTY OF EAGLE, STATE OF COLORADO SECTION 4, TOWNSHIP 5 SOUTH, RANGE 82 WEST OF THE 6TH P.M. JDO a 99-,00181 Onto, SEPTEMBER 7, 1999 Op NeeNl, r 1-1 I LEGEND X EXISTING FENCE EXISTING SANITARY MANHOLE EXISTING UNPAVED ROAD EXISTING UNDERGROUND UTIUTIES Contra Engineering Inc. EnBineen + Plannon ♦ Survoyols 8795 Ralston Road Ste 240 Arvada, Colorado 00002 PH 3D3 431-0505 Fax 303431-7176 �If DRAWN BY: R.CSMITH REVISIONS BY: 0. NESTER 0. KESTER GRAPHIC SCALE 100 0 50 100 ( IN1 1 Inch . am A. EAGLE COUNTY SCHOOL DISTRICT BK. 653, P. 171 An soo y0� 9-7-99 SHEET 1 OF 2 12-28-99 REVISIONS: MINOR CORRECTIONS 3-7-00 MINOR CORRECTIONS OF -WAY LANDS OF EAGLE COUNTY SCHOOL DISTRICT, COUNTY OF EAGLE, STATE OF COLORADO SECTION 4, TOWNSHIP 5 SOUTH, RANGE 82 WEST OF THE 6TH P.M. Ceonb E.C.R.T.A. Job y 99- 00181 Delft SEPTEMBER 7, 1999 Dwµ 14n», 99-181BIKEEASE.OWG B. \\\\ • i MATCH LINE `�'� \ I b, L \ \ I I\ \ \ RAOIU5177 \ \ UELTAHI751 \ \ 1 LENO7N'151 \ \ 1 CH.57776': g \ \ \\ Y \ \ \ q 0 I!i GRAPHIC SCALE 1000 0 50 100 Mj 1 IwA -IW IL EAGLE COUNTY SCHOOL DISTRICT BK. 653, P. 171 \ 1 ♦ i ♦♦ LEGEND `♦ \\ X EXISTING FENCE ♦ -- ♦ \ \ — EXISTING SATIITA 1QNHOlE O\ \ ♦\ \ \\ EXISTING UNPAVED ROAD ♦♦♦ ♦\ \ \ EXISTING UNDERGROUND UTIL01E5 !\♦ \ \ Contra Engineering Inc. DRAWN BY: R.C.SMITH REVISIONS BY: D. KESTER D. KESTER RADUS'1000.00 DELTA-512150' / -LENGTH.91,00 / CH-S8B51'52•E I / / I 1 / / 9-7-99 SHEET 2 OF 2 12-28-99 REVISIONS: MINOR CORRECTIONS 3-7-00 MINOR CORRECTIONS En9lnsels + Planners + Surveyonl B795 Ralston Road Ste 24D Arvada, Colorado 80002 PH 3D34314505 Fax 303-431-7170