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Home My WebLink About1982-13 Approving an Ingress and Egress Easement for the Vail Water and Sanitation District Across the Site the Old Town Shop SiteRESOLUTION # 13 Series of 1pf52 ) A RESOLUTIOi~ APPROVING AN INGRESS AND EGRESS EAaEMENT FOR THE VAIL WATER ANn SANITATIOI~I DISTRICT ACROSS THU SITE Y~NOWN AS THE OLD TOWN SHOP ~ ~ ITE FC?R THE PURPOSE OF ACCESS TO THE DISTRI~~T'S cEWETi. TREATMENT PLANT . 1 WHEREAS, the Vail Water and Sanitation District owns a parcel of property known as Tract C, Vail Village Second Filing, within the Town of Vail upon which a sewer treatment plant is located; and WHEREAS, the Town of Vail is the owner of a parcel of property adjacent to Tract C on the west, over which the Vail Water and Sanitation District requires access to the sewer treatment plant; and WHEREAS, it is the opinion of the Town Council that the Vail Water and Sanitation District should be granted a temporary easement for access. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, THAT: Section 1. The Town Council hereby authorizes and approves the granting of a temporary easement to the Vail Water and Sanitation District as more fully described on the attached Exhibit "A" on the terms and conditions expressed in the easement document, so long as the same are used for water and sanitation or governmental purposes. Section 2. The Mayor of the Town of Vail is hereby authorized and directed to execute a Temporary Easement Agreement with the Vail Water and Sanitation District for the property described on the attached Exhibit "A". The Town Clerk is authorized and directed to attest to said execution and affix the Town's seal to said Temporary Easement Agreement. INTRODUCED, READ AND ADOPTED THIS 18th day of 11~Iay i'? .~ ~~r ~~J,, Rodfiey E. Slifer, 1la,yr ATTEST: 1982. Tit%/.'~~. ~UI /~`-~~C Colleen M. K1ine,~Town Clerk TEMPORARY I,ASE4IENT KNOW ALL MEN BY THESE Pi3F:SL~VTS THAT THE TOtiJN OF VAIL, for Ten Dollars {$I0.00) and other goon and valuable considerations, hereby sel]_s and conveys to the Vail Water and Sanitation District, a quasi municipal corporation of the State of Colorado, a temporary easement for the purpose of ingress and egress over and across the parcels of real property, more particularly described in Exhibit "A" attached hereto and made a part hereof. This temporary access easement shall expire fifty {50) years after the date hereof, or until such time as the Grantee no longer maintains a sewage treatment facility on the adjacent property, or until such time as the Grantee no longer requires access to the adjacent property. 1) Except as specifically pr~svided herein, Grantor, its successors and assigns, shall not erect or place any permanent building, structure, improvement, fence or tree on the above described temporary easement aad Grantee shall not be liable for the removal if thereso placed. 2} Afrter sixty (60) days prior written notice to the Grantee, the Grantor may remove the within granted easement to another location so long as the relocated easement is no more restrictive than the easement herein granted. The cost of relocating the easement shall be the sole responsibility of the Grantor. 3) At such time and in the event that the easement described herein shall be abandoned, the property interest of Grantee in the easement shall immediately revert and be thereafter merged in the dominant estate. Acceptance of this easement by the Vail Water and Sanitation District shall constitute its agreement and consent to the within stated terms and conditions. SIGNED AND DELIVERED this 18th day of May , 1982. TOWN OF VAIL ATTEST: B . ;;~~ ~.y ti Rodney E~ Slifer/ Mayor r+.. t i ...~.. ~r rr i ... .. .~...., n i ,..,t, T~ ~ f ,,- . Vail Water and S.~nit.~:t:iclz Di;~tr.ic~. T~~orary ~1ccc s f~:~::~;r~,-~t Legal Description D~ SCRIPTZC3[V OF ~i i~,~i~T "A" , being a 20-f oat wide tcl~~r~ary acce.~s easement with shortened and e3ctonded side Iincs to if1~'~'t c~tistlny prgp- erty lines as shc•.~n on the ~cco~nying plat; located wiil~ir TRACT D, VAIL/LIONSHEAD 'T'HIRD FIL7T`G, according to tie .reccr•~ic~3 plat thereof, more ~rticu'larly described as follows: Coa,~~~cing at the west corner of said Tract D; (hence, N 73° 42' 37' E, and along the south line of said Tract D a distance of 37.53 feet to the point of beginning and centerline of said Easement "A"; thence, N 0° 06' 06" E, a distance of 2.19 feet to a point of intersection with the north line of said Tract D, said point being the te~-•~~n~l point of said Ease.~..nt "A" - - DESCRI.PTIGN OF EASEM~IT "B", being a 20 foot wide te«~.~,~ary access easement with shortened and extended side lines to meet existing , property lines as shown oa•z the accompanying plat; located within a part of TRP,CT C, VAIL VII~JAGE SF]COc~TD FZC,7NG, according to the re- corded plat thereof, more p~r`~-;cularly described as follaas: C~~~r„cncing at the NW carnet of said Tract C; thence, N 73° 42' 37" E and along the north line of said Tract C a distance of 37.53 feet to the point of beginning and centerline of said Eas~,~,t "B" ; thence, along the centerline on the following courses: 5 0° 05' 06" d+1, 96.08 feet to the point of curvature of a 35-foot radius curve having a chord beari.r-g S 50 ° 24' S9" E and length of 54.03 feet; thence, alcang said curve a distance of 62.72 feet to the paint of tangency with the south line of said Tract C a distance of 70.77 feet to the terminal point of said Easement "B" , such point also lying on the south line of said .Tract C, and 149.94 feet east of the SW corner of said Tract C. UESCFtXpTIC9.V OF F.A~F.~'[IIV*t "C", being a 15-foot wide ta,~rary access eas~,.~{t lying within an unplatted parcel of land within the NW 1/4, NW 1/4, Section 7, Toumship 5 South, Range 80 West of the 6th Princi- l ryarit3ian, Town of Vail., County of Eagle, State of Colorado, more particularly described as follows: C.a..,~cing at the Sw corner of Tract C, Vail Village Second filing, according to the recorded plat thereof; thence, N 79° 03' 56"Wand along the south line of said Tract C a distance of 45.00 feet to the point of beginning of said Fas~*~.nt "C"; thence, continuing along said seR.ith line a distance of 104.94 feet; thence, S 14° 46' 10" W, to the point of beginning.