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HomeMy WebLinkAbout2023-16 A Resolution of the Vail Town Council Approving the Grant of an Easement to the Eagle River Water and Sanitation DistrictRESOLUTION NO. 16 SERIES 2023 A RESOLUTION OF THE VAIL TOWN COUNCIL APPROVING THE GRANT OF AN EASEMENT TO THE EAGLE RIVER WATER AND SANITATION DISTRICT WHEREAS, the Eagle River Water and Sanitation District has requested an easement from the Town to install and maintain water lines to Residences at Main Vail located at 129 North Frontage Road West, Vail, CO 81657 (the "Easement"). NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Town Council hereby approves the Easement in substantially the same form as attached hereto, subject to approval by the Town Attorney. Upon such approval, the Town Manager is authorized to execute the Easement on behalf of the Town. INTRODUCED, READ, APPROVED AND ADOPTED THIS 2r'd day of May, 2023. FORM C5: WATER. EASEMENT- EAGLE RIVER WATER $ SANITATION DISTRICT WATER EASEMENT- EAGLE RIVER WATER & SANITATION DISTRICT THIS EASEMENT is made this day of .20 , by and between (hereinafter referred to as "Grantor"), and it's successors, and the Eagle River Water and Sanitation District, a quasi -municipal corporation of the State of Colorado within the County of Eagle, (hereinafter referred to as "District"). WITNESSETH, that for and in consideration of the sum of One Dollar ($9.00) and other good and valuable consideration paid by the District to Grantor, the receipt of which is hereby acknowledged, the Grantor does hereby grant, convey and transfer unto the District, its successors and assigns, a perpetual easement and right to construct, install, remove, replace, add to, maintain, repair, operate, change or alter underground water lines and all underground and surface appurtenances related thereto such as valve boxes, meter vaults and manholes (hereinafter "water lines"), together with any and all water lines situate therein, all necessary rights -of -way for convenient ingress and egress thereto and therefrom, and the right to occupy and use, from time to time, as much of the adjoining land of the Grantor as may be reasonably necessary for any of the aforesaid purposes, over, under and across the following described premises, situate in the County of Eagle, State of Colorado, to -wit: See EXHIBIT A attached hereto and incorporated herein by reference. Grantor warrants that the Grantor has the lawful right to grant and convey such easement, rights -of -way, and water lines. Further, Grantor warrants that the water lines are free and clear of all liens and encumbrances. Grantor will at no time permit, place or construct any structure, building or improvement of any kind, temporary or permanent, on any part of the above -described premises. Any structure, building or improvement located on the above -described premises as of the date of this Easement, may be removed by the District without liability for damages arising therefrom. Following the completion of the purpose of any entry by the District upon such easement for any of the aforesaid objects, the District shall restore the premises to substantially the same condition existing at the time of the entry thereon, except for shrubs, plants, sidewalks, driveways or parking areas thereon located or damaged thereby. All provisions of the Easement, including all benefits and burdens, shall nun with the land and shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto, subject to the provisions hereof. Page 7 of 2 FORM C5: WATER EASEMENT- EAGLE RIVER WATER & SANITATION DISTRICT IN WITNESS WHEREOF, the parties hereto have set their hands and seal the day and year first above written. Ii1 S N (Name of Grantor) STATE OF COLORADO ) ) ss. COUNTY OF ) The foregoing Easement was subscribed and sworn to before me this day of , 20_, by WITNESS my hand and official seal. (S E A L) Notary Public My commission expires: ACCEPTED by the District this day of ,20_. General Manager Page 2 of 2 LOT 1 a� ■ THIS DOCUMENT DOES NOT REPRESENT A MONUMENTED SURVEY. IT IS ONLY INTENDED TO DEPICT THE ATTACHED DESCRIPTION. ss3. TRACT A 287)�e OPEN SPACE �8 .39' i !i I LOT 3 (RECEPTION NO. 202124066) S78'18'29"E UTILITY & DRAINAGE 20.00' EASEMENT N11'41'31 "E v (R.N.840623) 20.29' o S11'41'31 "W 22.63' TRUE POINT OF N83'40'S3"W ~ ~ y ~ ~ _ _ K!/ BEGINNING 211.65' N6736' 24" W F-142.31' INTERSTATE HIGHWAY NO. (NORTH FRONTAGE ROAD 70 (R.O.W,) } N71'38'09"W _ 20.14' N>> 3 p R��-� w O)S��� r98.00' — EXHIBIT A (TOWN OF VAIL) B.L.M. LOT 1 (BOOK 617, PAGE 603) POINT OF COMMENCEMENT 275 WATER EASEMENT EXHIBIT ■ �n ,O�}/2.¢/2023: c�, LOT 3, FIRST AMENDMENT OF LOT 3, AMENDED FINAL PLAT, MIDDLE CREEK SUBDIVISION BRENT BIGGS" PROFESSIONAL LAND SURVEYOR SQL � NWT 00 A RESUBDIVISION OF LOT 1 ?1 t�'Z: TOWN OF VAiI_. COUNTY, COLORADO u{c uwo caws roars �c P.L.S. No. 27598 DRAWN BY: KPJ CHECKED BY BB SHEET 1 OF 2 DATE,04/24/2023 I PLC JOB N0.:1039.7' �+�*% EXHIBIT A NZ-111121:9X-VIAIT, I212111mXemHQII A PARCEL OF LAND LOCATED IN LOT 3, FIRST AMENDMENT OF LOT 3, AMENDED FINAL PLAT, MIDDLE CREEK SUBDIVISION, A RESUBDIVISION OF LOT 1 RECEPTION NUMBER 202124066, EAGLE COUNTY, COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEASTERLY CORNER OF SAID LOT 3; THENCE N67'36'24"W A DISTANCE OF 142.31 FEET TO THE TRUE POINT OF BEGINNING; THENCE N71'38'09"W A DISTANCE OF 20.14 FEET; THENCE Ni 1.41'31 "E A DISTANCE OF 20.29 FEET; THENCE S78•18'29"E A DISTANCE OF 20.00 FEET; THENCE S11'41'31"W A DISTANCE OF 22.63 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 429 SQUARE FEET/0.010 ACRES MORE OR LESS /OO F AV R f 04 G tv, � • 27598 : a � v BRENT BIGGS 0. Nat ENO PROFESSIONAL LAND SURVEYOR�� ♦„��/ P.L.S. No. 27598 WATER EASEMENT EXHIBIT LOT 3, FIRST AMENDMENT OF LOT 3, AMENDED FINAL PLAT, MIDDLE CREEK SUBDIVISION A RESUBDIVISION OF LOT 1 TOWN OF VAIL, COUNTY, COLORADO Luc LAND CONSULTANT$ W— DRAM BY: KPJ I CHECKED BY: BB I meH„.w FA*Wwm-mg DATE:04/24/23 PLC JOB NO.:1039.7 SHEET 2 OF 2 �aoo � W � au�� to