HomeMy WebLinkAbout20170628093438492.pdf Eagle County, CO 201712374
Regina O'Brien 06/27/2017
Pgs: 10 03:44:08 PM
REC. $58.00
DOC: $0.00
ENCROACHMENT LICENSE AGREEMENT
This Encroachment License Agreement("Agreement") is entered into this€.7C.0
day of 2017,by and between the EAGLE RIVER WATER AND
SANITATION DISTRICT, a political subdivision of the State of Colorado("Licensor")
and BRITTAINY N.FAGAN("Licensee"and, together with Licensor,the"Parties").
WHEREAS,Licensor is the owner of a 25'platted sewer easement recorded in
the public records of the Eagle County, Colorado,Clerk and Recorder's Office, at
Reception No. 593488, and described on Exhibit A attached hereto(collectively,the
"Easement"); and
WHEREAS, Licensee is the fee owner of real property encumbered by the
Easement(the"Property")which is located at Lot 7 of the Lia Zneimer Subdivision
(also known as: 1730 Buffehr Creek Road,Vail, CO 81657 in Eagle County); and
WHEREAS, Licensee proposes to encroach upon Licensor's Easement for the
benefit of Licensee's Property by locating a pond,pond liner,boulder walls, boulders,
stone path, cobble swale and landscaping improvements thereon,the area,nature and
purpose of the encroachment("Encroachment")being more fully described on Exhibit B
attached hereto (the area of the Encroachment being referred to as the"Encroachment .
Area"); and
WHEREAS,Licensor generally prohibits encroachments into Licensor's
easements, but recognizes extenuating circumstances occasionally make such an
encroachment appropriate; and
WHEREAS,Licensor has, in this case, determined to consent to the
Encroachment upon the terms and conditions contained herein;
NOW,THEREFORE, in consideration of the terms and conditions hereinafter
set forth,the Parties agree as follows:
1. Consent to Encroachment. Licensor hereby consents to the Encroachment
as fully described on Exhibit B. Any and all rights granted to Licensee under this
Agreement shall be exercised at Licensee's sole cost, risk and expense, and shall be
subject to the dominant and continuing right of Licensor to use any and all of the
Encroachment Area for Licensor's purposes; and shall further be subject to all prior
deeds,easements,dedications,conditions, franchises,covenants, restrictions,
encroachments and claims of title of record that may affect the Encroachment Area.
Nothing contained in this Agreement shall be deemed to grant, convey, create or vest in
Licensee any real property interest in the land; including, but not limited to, any fee,
leasehold interest, easement, servitude or irrevocable license. �
(00170396.DOC/)
2. Use of Encroachment Area. Licensee agrees that it will utilize the
Encroachment Area solely for the Encroachment purposes described on Exhibit B,and
for no other purpose.
3. No Interference. All costs associated with modification, removal or
damage to Licensee's Encroachment by the Licensor related to Licensor's use of the
Easement(and all incremental costs initially incurred by Licensor in attempting to avoid
the modification,removal or damage to Licensee's Encroachment) shall be solely the
responsibility of Licensee. Licensee, in the performance and exercise of its rights under
this Agreement, shall not damage or interfere in any way with the use, operation,
maintenance, repair, or replacement of any facility that is owned, operated and
maintained by Licensor or its assignees within the Easement. Should Licensee's
Encroachment cause Licensor's use of the Easement and related facilities to be more
costly,or to be interfered with or damaged,Licensee shall, within thirty(30)days of
billing,pay all costs and expenses associated with Licensor's more costly use or with
Licensor's repair of any damage to Licensor's facilities or removal of any interference.
Under any and all circumstances, all work that is necessary to repair any damage to or
remove any interference with the Licensor's facilities shall be at Licensee's sole cost and
expense. Licensor, in emergency situations,may, at Licensee's sole cost and expense,
repair any and all damage to and remove any and all interference with the Licensor's
facilities without prior notice to Licensee. In using its Easement,Licensor agrees to
make a reasonable effort to avoid damage to Licensee's Encroachment, but Licensor shall
not be liable for any damage to the Encroachment. In the event Licensor incurs
additional costs as a result of any efforts to avoid damage to Licensee's Encroachment,
Licensee shall within thirty(30)days of billing,pay all costs and expenses associated
with such efforts.
4. Compliance with Laws. Licensee shall comply with all federal, state and
local laws in the exercise and performance of its rights and obligations under this
Encroachment Agreement.
5. Encroachment Policy. This Encroachment Agreement is subject to the
reasonable terms and conditions of any encroachment policy as it may now exist or may
subsequently be amended by the Licensor at its sole discretion and without notice.
6. Indemnification and Waiver. To the extent authorized by law Licensee
hereby agrees to indemnify, defend,protect and hold harmless Licensor, its officers and
employees, from and against any and all claims, damages, losses, liabilities, fines,
penalties, of whatsoever kind or nature, including, but not limited to reasonable
attorneys' fees that are incurred by Licensor and that arise in connection with Licensee's
activities that are undertaken, authorized or obligated pursuant to this Agreement. Such
liability shall specifically,without limitation, extend to claims of third parties arising
from the presence of the Licensee's Encroachment
{00170396 DOC/} 2
7. Limitation on Licensor's Liability. Licensor shall have no liability to
Licensee or third persons related to Licensee's Encroachment,including, but not limited
to, damages to the Licensee's improvements resulting from Licensor's dominant use of
the Encroachment Area or from the repair of Licensor facilities or the installation of any
additional facilities in the future within the Easement.
8. Termination. Licensor may terminate this Agreement at any time, without
notice,by recording in the Eagle County, Colorado, Clerk and Recorder's Office a notice
of termination of Encroachment License Agreement if Licensor determines that the
Licensee's improvements interfere with Licensor's current or prospective use of the
Easement. Licensor shall endeavor, but not be obligated,to provide Licensee with thirty
(30) days' notice of its intent to terminate the Agreement.
9. Successors and Assigns. The rights and obligations of this Agreement shall
be appurtenant to and deemed to run with the Property,or until such earlier time as the
Licensor terminates this Agreement or abandons the Easement. This Agreement shall be
recorded against the Property in accordance with the laws of the State of Colorado.
10. Integrated Agreement. This Agreement contains the entire understanding
between the Parties hereto with respect to the subject matter hereof. There are no
representations, agreements or understandings(whether oral or written)between or
among the Parties relating to the subject matter of this Agreement which are not fully
expressed herein.
11. Property Access. Independent of any other rights held by Licensor,
Licensee grants Licensor the right to access the Easement for maintenance, repair and
replacement on and across the Property.
IN WITNESS WHEREOF,and in order to bind themselves legally to the terms
and conditions of this Agreement, duly authorized representatives of the Parties have
executed this Agreement as of the date first set forth above.
LICENS•R
By:
Lin Brooks, C-vera Manager of Eagle
Ri er Water and Sanitation District
LICE""SEE
•
By:
✓ srr
Name: Brittain C Fagan
Title: Owner
(00170396 DOC/) 3
ACKNOWLEDGEMENT
STATE OF Cedes+0-do )
) ss.
COUNTY OF le )
The foregoing instrument was acknowledged before me thispo"'day of
,2017,by Qin 144��y GUS,. as an of LICENSEE.
Witness my hand and official seal.
My commission expires: 11)//5/0talA
ADAM D.GREGOIRE L.-
Notary Public C/
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20174000982
MY COMM.EXPIRES FEBRUARY 15,2021
(00170396.DOC/) 4
EXHIBIT A
(Description of Easement)
(00170396.DOC/)
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EXHIBIT B
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(00170396.DOC 1) 6
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RECEIPT'
Eagle County Clerk and Recorder
Regina O'Brien
*92784*
PO Box 537
500 Broadway #101
EAGLE COUNTY Eagle, Colorado 81631
EAGLE RIVER WATER&SANITATION DISTRICT Transaction#: 92784 Total Fees: $58.00
846 FOREST RD Receipt#: 201709017 Total Payments: $58.00
VAIL,CO 81657 Cashier Date: 6/27/17 15:44 Balance Due: $0.00
Cashier By: hlindow
Print Date: 6/27/2017 15:44:43
Escrow Balance:$901.00
iti'lig:4telfranacktL: '1:1:11/24;3.21:;i;-:1M
Escrow $58.00
® e .
AGREEMENT Document#:201712374 Pages: 10 Date:6/27/2017 15:44:08
From: EAGLE RIVER WATER AND SANITATION DISTRICT To: FAGAN,BRITTAINY N
Fees: Recording Fees $58.00
Print Date:6/27/2017 3:44:43PM Page 1 of 1