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HomeMy WebLinkAbout2014-28 Property Exchange Easement Snowberry DriveRESOLUTION NO. 28 Series of 2014 A RESOLUTION APPROVING AN EASEMENT EXCHANGE AGREEMENT LOCATED AT 2755 SNOWBERRY DRIVE, VAIL, COLORADO; AND SETTING FORTH DETAILS IN REGARD THERETO WHEREAS, the Town of Vail (the "Town"), in the County of Eagle and State of Colorado is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Town Charter (the "Charter"); WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; WHEREAS, the Town wishes to enter into an Easement Exchange Agreement (the "Agreement") with the owner of the real property located at 2755 Snowberry Drive, Vail, Colorado in the form attached hereto as Exhibit A and incorporated herein by this reference, as it relates to the construction of Snowberry Drive because a portion of the road was constructed through said property located at 2755 Snowberry Drive outside of the current roadway easement; and WHEREAS, The Council's approval of Resolution No. 28, Series of 2014, is required to enter into the Agreement. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Council hereby approves and authorizes the Town Manager to enter into the Agreement on behalf of the Town in substantially the same form attached hereto as Exhibit A and in a form approved by the Town Attorney. Section 2. This Resolution shall take effect immediately upon its passage. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 21 st day of October, 2014. Andrew P. Daly Town Mayor ATTEST �� ��;�AL Resolution No. 28, 2014 EASEMENT EXCHANGE AGREEMENT THIS EASEMENT EXCHANGE AGREEMENT (the "Agreement") is made and entered into this day of October, 2014, by and between Mountain CI Holdings LTD, a , with an address of 1480 Sandhills Drive, Unit 4, Ancaster, Ontario, Canada L9G 4V5 ("Mountain Cl") and the Town of Vail, a Colorado home rule municipality with an address of 75 S. Frontage Road, Vail, Colorado 81657 (the "Town") (each individually a "Party" and collectively the "Parties"). WHEREAS, Mountain CI owns certain real property more particularly described as Lot 10, Block 9, Vail Intermountain Development Subdivision Town of Vail, Eagle County, Colorado, and more commonly referred to as 2755 Snowberry Drive, Vail, Colorado 81657 (the "Property"); WHEREAS, A Roadway Structure, Parking, Public & Private Utility easement currently exists across a portion of the Property as shown in Exhibit A attached hereto and incorporated herein by this reference ("Easement A") for purposes of constructing the right-of-way commonly referred to as Snowberry Drive; WHEREAS, during the construction of Snowberry Drive, a portion of the road was constructed through the Property outside of the platted right-of-way and Easement A; WHEREAS, the Parties now desire to conduct an Easement Exchange whereby the Town agrees to transfer a portion of Easement A as more particularly described in Exhibit A back to Mountain Cl, and Mountain Cl agrees to grant the Town a new non-exclusive perpetual easement upon, over, under, across and through that portion of the Property more particularly described in Exhibit B, attached hereto and incorporated herein by this reference ("Easement B"); and WHEREAS, Mountain Cl and the Town wish to exchange the respective Easements under the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the above premises, the mutual promises and covenants below, and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties agree as follows: 1. Exchange Terms. A. Mountain CI and the Town acknowledge that Easement A and Easement B are of like kind and equal value. B. The Town hereby grants and conveys to Mountain CI, its successors, assigns, lessees, licensees and agents, all of the Town's rights and interests to Easement A. C. Mountain Cl hereby grants and cariveys to the Town, its successors, assigns, lessees, licensees and agents, a non-exclusive perpetual easement upon, over, under, across and through Easement B for the purpose of the Town's construction, reconstruction, operation, maintenance of a roadway and supporting structure, parking, and for the use of public and 10115114 C. I USERSITKASSMELIAPPDATAILOCALIMICROSOFnWINDOWSITEMPORARY INTERNET FILESICONTENT.OUTLOOKIEV3ZWPIIISNOWBERRY EASEMENT EXCHANGE-2.DOC private utilities as is typical of a right-of-way. The Town shall have the right of ingress and egress over and across the adjacent lands of Mountain CI as may be necessary to access Easement B. 2. Covenants of the Town. The Town hereby represents, covenants and warrants in favor of Mountain CI and its successors and assigns as follows: A. The Town shall protect Easement B and the adjacent lands of Mountain Cl over which the Town has rights of ingress and egress from damage caused in whole or in part by acts or omissions of the Town, its employees, agents, contractors, subcontractors, assigns, lessees, licensees and agents. The Town shall clean, cure and correct any such damage to any elements of Easement B or the above referenced adjacent lands, including but not limited to, all pavement, curbs, gutters, walks, streets, other utilities, structures and other improvements situate therein or thereon, and shall keep all -of such property reasonably clean and clear of equipment, building materials, dirt, debris and similar materials. If the Town fails to clean, cure or correct such damage within fourteen (14) days after notice thereof from Mountain CI, then Mountain Cl may do so, at the Town's expense. B. In all activities undertaken on property belonging to Mountain Cl, the Town and its employees, agents, contractors, subcontractors, successors, assigns, lessees and licensees shall conduct and construct all work in a good and workmanlike manner; and C. The Town shall not cause or permit to be caused by any of its employees, agents, contractors, subcontractors, successors, assigns, lessees or licensees, any hazardous substances, as defined by the Comprehensive Environmental Response Compensation and Liability Act of 1980 ("CERCLA"), pollutants, or contaminants, as defined by CERCLA or hazardous waste as defined by the Resource Conservation and Recovery Act ("RCRA"), including but not limited to asbestos, and/or urea formaldehyde, or any pollutants or toxic pollutants as defined by the Clean Water Act, and any amendments thereto, to be dumped, spilled, released, permanently stored, or deposited on, over, or beneath Easement B. Any hazardous, toxic or flammable substances use by the Town, its employees, agents, contractors, subcontractors, successors, assigns, lessees or licensees in the construction, reconstruction, operation, maintenance or removal of the right-of- way shall be utilized in a lawful manner and in compliance with all federal, state and local requirements relating to protection of health or the environment. Mountain CI's Covenants. A. Mountain CI covenants and agrees that it shall not plant within or allow to grow into Easement B any trees, bushes or other planted material that would interfere with the Town's use of Easement B, and that it shall not construct any buildings or other improvements within, over or upon Easement B without the prior written permission of the Town. B. Mountain Cl hereby warrants title to the easement herein granted and conveyed to the Town. Mountain Cl warrants that the easement is free and clear of all liens and encumbrances. Mountain CI agrees to protect and defend the title of the Town from and against all persons whomsoever. 2 10115/14 C: I USERSITKASSMELIAPPDATAILOCALIMICROSOFIIWINDOWSITEMPORARY INTERNET FILESICONTENT.OUTLOOKIEV3ZWPIIISNOWBERRY EASEMENT EXCHANGE-2.DOC C. Mountain Cl warrants and guarantees that it has the power and authority to grant Easement B. 4. Indemnification of The Town by Mountain Cl. Mountain CI agrees, and hereby does, to the extent permitted by law, indemnify and hold harmless the Town, any directors, officers employees and agents of the Town, and any successors or assigns of the Town, from any costs, expenses, damages, claims or demands incurred or asserted against the Town as a result of or arising out of Mountain CI's warranties or covenants set forth herein. 5. Miscellaneous. A. Runs with the Land. Except as otherwise expressly provided for herein, all provisions herein contained, including the benefits, burdens and covenants, are intended to run with the land and shall be binding upon and inure to the benefit of the respective, parties, their heirs, successors and assigns. B. Effect. This Agreement shall be of no force and effect until the same is duly and validly executed by each of the parties hereto. C. Warranly. Each party warrants that it has the full right and legal authority to make the grant of this Agreement. D. Governing Law and Venue. This Agreement and the rights and obligations of the Parties hereunder shall be governed by the laws of the State of Colorado, and any legal action brought under or as a result of this Agreement shall be brought in Eagle County, Colorado. E. No Waiver. Delays in enforcement or the waiver of any one or more defaults or breaches of this Agreement by the Town shall not constitute a waiver of any of the other terms or obligation of this Agreement. F. Third Parties. There are no intended third -party beneficiaries to this Agreement. G. Modification. This Agreement may only be modified upon written agreement of the parties. H. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful or unenforceable for any reason, the remaining provisions hereof shall remain in full force and effect. I. Governmental Immunity. The Town, its officers, and its employees, are relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations (presently one hundred fifty thousand dollars ($300,000) per person and six hundred thousand dollars ($900,000) per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as amended, or otherwise available to the Town and its officers or employees. 10/15/14 C: I USERSITKASSMELIAPPDATAILOCALIMICROSOF71WINDOWSITEMPORARY INTERNET FILESICONTENT.OUTLOOKIEV3ZWPIIISNOWBERRY EASEMENT EXCHANGE-2.DOC J. Integration. The foregoing constitutes the entire agreement between the parties regarding the easements and no additional or different oral representation, promise or agreement shall be binding on any party with respect to the easements. K. No Joint Venture. Notwithstanding any provision hereof, the Town shall never be a joint venture in any private entity or activity that participates in this Agreement, and the Town shall never be liable or responsible for any debt or obligation of any party to this Agreement. L. No Debt. Pursuant to Article X, § 20 of the Colorado Constitution, the Town's financial obligations under this Agreement are specifically contingent upon annual appropriation of funds sufficient to perform such obligations. This Agreement shall never constitute a debt or obligation of the Town within any statutory or constitutional provision. IN WITNESS WHEREOF, this Agreement is executed by Mountain CI and the Town as of the date first above written. ATTEST: Patty McKenny, Town Clerk APPROVED AS TO FORM: J. Matthew Mire, Town Attorney TOWN OF VAIL, COLORADO Andy Daly, Mayor MOUNTAIN CI HOLDINGS, LTD 4 10115114 C: I USERSITKASSMELIAPPDATAILOCALIMICROSOF7IWINDOWSITEMPORARY INTERNET FILESICONTENT.OUTLOOKIEV3ZWPIIISNOWBERRYEASEMENT EXCHANGE-2.DOC STATE OF COLORADO )ss. COUNTY OF The above and foregoing document was acknowledged before me this day of , 2014, by as WITNESS my hand and official seal. My Commission expires: Notary Public 10/15/14 C:1 V SERSI TKASSMEL U PPDATA I L OCAL I MICROSOFT I WINDO WSI TEMPORARY INTERIVET FILESICONTENT.OUTLOOKIEV3ZWPIIISNOWBERRYEASEMENT EXCHANGE-2.DOC EXHIBIT LOT 10, BLOCK 9, VAIL INTERMOUNTAIN DEVELOPMENT SUBDIVISION TOWN OF VAIL, EAGLE COUNTY, COLORADO VAIL INTERMOUNTAIN DEVELOPMENT SUBDIVISION, BLOCK 1 RADIUS = 115.00' DELTA = 59'37'12" ARC = 119.56' CHORD = 114.34' BEARING = N17'58' ------------ RADIUS = 100.00' RADIUS = 50.00' DELTA = 35'30'05" ARC = 61.96' 37'36 55 CHORD = 60.98' ARC = 92.28' BEARING = 528'37'35"W CV 1970) 479-8698 . lax (970) 479.0055 SNOWBERRY DRIVE CHORD = 79.73' BRG = S34'44'29"W (50' RADIUS = 125.00 N DELTA = 20'39'22" ARC = 45.06' CHORD = 44.82' BEARING = S18'40'21"W I m I SCALE: 1" = 60' j - I N I O I LOT 10 ' \ I 2755 SNOWBERRY DRIVE I ------------ LOT 12A POINT OF BEGINNING RADIUS = 100.00' DELTA = 64'30'35" ARC = 112.59' TANGENT = 63.11' CHORD = 106.74' i i BRG = S14'07'20"W i EDGE OF ASPHALT ROADWAY NAY STRUCTURE, PARKING, PUBLIC & TE UTILITY EASEMENT RADIUS = 50.00' Gore Range $UfVeying, LLC 37'36 55 P.O Sox 15 ARC = 92.28' Avon, CO 81620 _- 1970) 479-8698 . lax (970) 479.0055 LOT 12A POINT OF BEGINNING RADIUS = 100.00' DELTA = 64'30'35" ARC = 112.59' TANGENT = 63.11' CHORD = 106.74' i i BRG = S14'07'20"W i EDGE OF ASPHALT ROADWAY NAY STRUCTURE, PARKING, PUBLIC & TE UTILITY EASEMENT PARCEL DESCRIPTION: A PORTION OF THE ROADWAY STRUCTURE, PARKING, PUBLIC & PRIVATE UTILITY EASEMENT SITUATED IN A PART OF LOT 10, BLOCK 9, VAIL INTERMOUNTAIN DEVELOPMENT SUBDIVISION, TOWN OF VAIL, COUNTY OF EAGLE, STATE OF COLORADO, PER THE PLAT THEREOF RECORDED SEPTEMBER 7, 1972 AS RECEPTION No. 121108 IN THE OFFICE OF THE EAGLE COUNTY CLERK AND RECORDER, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE EASTERNMOST CORNER OF SAID LOT 10, SAID POINT BEING ON THE RIGHT OF WAY OF SNOWBERRY DRIVE; THENCE ALONG SAID RIGHT OF WAY 61.96 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 100.00 FEET, AN INTERIOR ANGLE OF 35'30'05" AND A CHORD WHICH BEARS S28'37'35"W 60.98 FEET; THENCE DEPARTING SAID RIGHT OF WAY 45.06 FEET ALONG THE ARC OF A NON—TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 125.00 FEET, AN INTERIOR ANGLE OF 20'39'22" AND A CHORD WHICH BEARS S18'40'21"W 44.82 FEET TO A POINT ON THE WESTERLY BOUNDARY OF SAID EASEMENT; THENCE FOLLOWING SAID EASEMENT 119.66 FEET ALONG THE ARC OF A NON—TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 115.00 FEET, AN INTERIOR ANGLE OF 59'37'12" AND A CHORD WHICH BEARS N17'58'15"E 114.34 FEET TO A POINT ON THE NORTHEASTERLY BOUNDARY OF SAID LOT 10; THENCE ALONG THE NORTHEASTERLY BOUNDARY OF SAID LOT 10 532'57'42"E 15.23 FEET TO THE POINT OF BEGINNING. RADIUS = 50.00' DELTA = 105'44'52" 37'36 55 ARC = 92.28' 124.00 _- TANGENT = 66.05' SNOWBERRY DRIVE CHORD = 79.73' BRG = S34'44'29"W (50' R.O.W.) PARCEL DESCRIPTION: A PORTION OF THE ROADWAY STRUCTURE, PARKING, PUBLIC & PRIVATE UTILITY EASEMENT SITUATED IN A PART OF LOT 10, BLOCK 9, VAIL INTERMOUNTAIN DEVELOPMENT SUBDIVISION, TOWN OF VAIL, COUNTY OF EAGLE, STATE OF COLORADO, PER THE PLAT THEREOF RECORDED SEPTEMBER 7, 1972 AS RECEPTION No. 121108 IN THE OFFICE OF THE EAGLE COUNTY CLERK AND RECORDER, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE EASTERNMOST CORNER OF SAID LOT 10, SAID POINT BEING ON THE RIGHT OF WAY OF SNOWBERRY DRIVE; THENCE ALONG SAID RIGHT OF WAY 61.96 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 100.00 FEET, AN INTERIOR ANGLE OF 35'30'05" AND A CHORD WHICH BEARS S28'37'35"W 60.98 FEET; THENCE DEPARTING SAID RIGHT OF WAY 45.06 FEET ALONG THE ARC OF A NON—TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 125.00 FEET, AN INTERIOR ANGLE OF 20'39'22" AND A CHORD WHICH BEARS S18'40'21"W 44.82 FEET TO A POINT ON THE WESTERLY BOUNDARY OF SAID EASEMENT; THENCE FOLLOWING SAID EASEMENT 119.66 FEET ALONG THE ARC OF A NON—TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 115.00 FEET, AN INTERIOR ANGLE OF 59'37'12" AND A CHORD WHICH BEARS N17'58'15"E 114.34 FEET TO A POINT ON THE NORTHEASTERLY BOUNDARY OF SAID LOT 10; THENCE ALONG THE NORTHEASTERLY BOUNDARY OF SAID LOT 10 532'57'42"E 15.23 FEET TO THE POINT OF BEGINNING. EXHIBIT LOT 10, BLOCK 9, VAIL INTERMOUNTAIN DEVELOPMENT SUBDIVISION TOWN OF VAIL, EAGLE COUNTY, COLORADO LOT 12A VAIL INTERMOUNTAIN DEVELOPMENT SUBDIVISION, BLOCK 1 RADIUS = 100.00' DELTA = 64'30'35" LOT 10 [RAD ARC = 112.59' 2755 SNOWBERRY DRIVE / TANGENT = 63.11' CHORD = 106.74' BRG = S14'07'20"W EDGE OF ASPHALT ROADWAY N= 115.00' N 6'17'36" 12.63= 12.63' = S14'59'09"E SCALE: 1" = 60' POINT OF BEGINNING O RADIUS = 50.00' Z DELTA = 25'29'06" ARC = 22.24' CHORD = 22.06' BEARING = N21'05'13"E TRUE POINT OF BEGINNING \ N87 -36'5.5"E __12 2.14�L_ i�N N87'36'55"E SNOWBERRY DRIVE (50' R.O.W.) NOWAY STRUCTURE, PARKING, PUBLIC & VATE UTILITY EASEMENT RADIUS = 35.00' DELTA = 105'44'52" ARC = 64.60' CHORD = 55.81' BEARING = S34'44'29"W RADIUS = 50.00' Gore Range DELTA Surveying, LLC 0.83' P.0 Boz 15 ' Avon, CO 81620 TANGENT = 66.05' (970) 479.8698 • 12z (970) 479-0055 O RADIUS = 50.00' Z DELTA = 25'29'06" ARC = 22.24' CHORD = 22.06' BEARING = N21'05'13"E TRUE POINT OF BEGINNING \ N87 -36'5.5"E __12 2.14�L_ i�N N87'36'55"E SNOWBERRY DRIVE (50' R.O.W.) NOWAY STRUCTURE, PARKING, PUBLIC & VATE UTILITY EASEMENT RADIUS = 35.00' DELTA = 105'44'52" ARC = 64.60' CHORD = 55.81' BEARING = S34'44'29"W PARCEL DESCRIPTION: A PARCEL OF LAND SITUATED IN A PART OF LOT 10, BLOCK 9, VAIL INTERMOUNTAIN DEVELOPMENT SUBDIVISION, TOWN OF VAIL, COUNTY OF EAGLE, STATE OF COLORADO, PER THE PLAT THEREOF RECORDED SEPTEMBER 7, 1972 AS RECEPTION No. 121108 IN THE OFFICE OF THE EAGLE COUNTY CLERK AND RECORDER, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID LOT 10; THENCE N01'25'39"E 15.03 FEET ALONG THE WESTERLY BOUNDARY OF SAID LOT 10 TO A POINT ON THE NORTHERLY EDGE OF A 15.00 FOOT WIDE ROADWAY STRUCTURE, PARKING, PUBLIC & PRIVATE UTILITY EASEMENT; THENCE ALONG THE NORTHERLY EDGE OF SAID EASEMENT N87'36'55"E 122.14 FEET TO THE TRUE POINT OF BEGINNING; THENCE DEPARTING SAID EASEMENT 22.24 FEET ALONG THE ARC OF A NON—TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 50.00 FEET, AN INTERIOR ANGLE OF 25'29'06" AND A CHORD WHICH BEARS N21'05'13"E 22.06 FEET; THENCE NOS'20'40"E 71.95 FEET TO A POINT ON SAID EASEMENT; THENCE ALONG SAID EASEMENT 12.63 FEET ALONG THE ARC OF A NON—TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 115.00 FEET, AN INTERIOR ANGLE OF 06'17'36" AND A CHORD WHICH BEARS S14'59'09"E 12.63 FEET; THENCE S18'07'57"E 35.43 FEET; THENCE 64.60 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 35.00 FEET, AN INTERIOR ANGLE OF 105.44'52" AND A CHORD WHICH BEARS S34 -44-29"W 55.81 FEET; THENCE S87'36'55"W 0.83 FEET TO THE TRUE POINT OF BEGINNING. RADIUS = 50.00' S87'36'55"W DELTA = 105'44'52" 0.83' ARC = 92.28' TANGENT = 66.05' CHORD = 79.73' BRG = N34'44'29"E PARCEL DESCRIPTION: A PARCEL OF LAND SITUATED IN A PART OF LOT 10, BLOCK 9, VAIL INTERMOUNTAIN DEVELOPMENT SUBDIVISION, TOWN OF VAIL, COUNTY OF EAGLE, STATE OF COLORADO, PER THE PLAT THEREOF RECORDED SEPTEMBER 7, 1972 AS RECEPTION No. 121108 IN THE OFFICE OF THE EAGLE COUNTY CLERK AND RECORDER, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID LOT 10; THENCE N01'25'39"E 15.03 FEET ALONG THE WESTERLY BOUNDARY OF SAID LOT 10 TO A POINT ON THE NORTHERLY EDGE OF A 15.00 FOOT WIDE ROADWAY STRUCTURE, PARKING, PUBLIC & PRIVATE UTILITY EASEMENT; THENCE ALONG THE NORTHERLY EDGE OF SAID EASEMENT N87'36'55"E 122.14 FEET TO THE TRUE POINT OF BEGINNING; THENCE DEPARTING SAID EASEMENT 22.24 FEET ALONG THE ARC OF A NON—TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 50.00 FEET, AN INTERIOR ANGLE OF 25'29'06" AND A CHORD WHICH BEARS N21'05'13"E 22.06 FEET; THENCE NOS'20'40"E 71.95 FEET TO A POINT ON SAID EASEMENT; THENCE ALONG SAID EASEMENT 12.63 FEET ALONG THE ARC OF A NON—TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 115.00 FEET, AN INTERIOR ANGLE OF 06'17'36" AND A CHORD WHICH BEARS S14'59'09"E 12.63 FEET; THENCE S18'07'57"E 35.43 FEET; THENCE 64.60 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 35.00 FEET, AN INTERIOR ANGLE OF 105.44'52" AND A CHORD WHICH BEARS S34 -44-29"W 55.81 FEET; THENCE S87'36'55"W 0.83 FEET TO THE TRUE POINT OF BEGINNING.