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Home My WebLink About2023-17 A Resolution of the Vail Town Council Approving the Grant of an Easement to the Eagle River Water and Sanitation DistrictRESOLUTION NO.17 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 Town wishes to grant a water easement to the Eagle River Water and Sanitation District pursuant to the terms of the Water Easement, attached hereto as Exhibit A, and incorporated herein by this reference (the "Easement"), for the installation and maintenance of water lines to the Town Public Works Maintenance Shop located at 1289 Elkhorn Drive, Vail, CO 81657. 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 as Exhibit A, and in a form approved by the Town Attorney, and authorizes the Town Manager to execute the Easement on behalf of the Town. Section 2. This Resolution shall take effect immediately upon its passage. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Vail Town Council held this 16th day of May, 2023. i ATTEST: Mayor Steph nie Bibbens, Town Clerk CO ro �AORAT0) 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 ($1.00) 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 run 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 1 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. GRANTOR: (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_. By: General Manager Page 2 of 2 THIS DOCUMENT DOES NOT REPRESENT A MONUMENTED SURVEY. IT IS ONLY INTENDED TO DEPICT THE ATTACHED DESCRIPTION. EXHIBIT A WHITE RIVER NATIONAL FOREST w S8845'10"E 1584.47' in o SOO'34'04"W of LOT 1, SECTION 4 9797' 00 z L9_ S8848'55"E 2333.85' POINT "B"L14 --� UNPLATTED L13 A PART OF NW 1/4, SECTION 9 L15 LO w L5 L10 y POINT "C" y y w�L4 L5 L17 y y L16 "A" �0.0 POINT 10.p Q y tit Z 10.0. 10.0. syg55'S6 y "W 1534-29' POINT OF TERMINATION r mIII 4.4 12" TRUE POINT �SSA� N°' 0 RfG/sl� R� 80;00' L�456.4330 OF BEGINNING 'a CH=T i6FY 456 �'�O•' •e/(,�,�•,'p -POINT OF COMMENCEMENT GRAPHIC SCALE 200 0 100 200 400 ( IN FEET } 1 inch = 200 ft. IL ' Jl/07/2022 . BRENT BIGGS �G�OIiIA.' ' NaS' PROFESSIONAL LAND SURVEYOR mow* 0i� P.L.S. No. 27598 WATERLINE EASEMENT EXHIBIT T.O.V. DEPARTMENT OF PUBLIC WORKS A PART OF THE NW 4 SECTION 9 T5S, R80W, 6TH P.M. TOWN OF VAIL, COUNTY, COLORADO DRAM BY. KPJ I CHECKED BY: BB 1 SHEET 1 OF 3 DATE:11/07/22 PLC JOB MOW r THIS DOCUMENT DOES NOT REPRESENT A MONUMENTED SURVEY. IT IS ONLY INTENDED TO DEPICT THE ATTACHED DESCRIPTION. LINE TABLE LINE # BEARING DISTANCE L1 N73'52'08"E 365.93 L2 N12'39'38'W 153.85 L3 N40'29'450E 32.56 L4 N49'29'35"W 13.43 L5 N40'29'45"E 48.14 L6 N78'46'51'E 183.68 L7 N48'31'51"E 38.64 L8 N78'19'38"E 121.58 L9 S82'52'55"E 14.65 L10 S07ro2'12"W 60.27 L11 S82'57'34"E 86.98 L12 N75'03'07"E 279.02 L13 S59'53'17"E 50.90 L14 S34'17'13"E 53.25 L15 S11'38'46'E 25.78 L16 N81'11'14"E 31.00 L17 S09'22'41 "E 109.14 EXHIBIT A r/M?PWO L 2759840o BRENT BIGGS ��j•""'.� PROFESSIONAL LAND SURVEYOR ��` N 0 P.L.S. No. 27598 WATERLINE EASEMENT EXHIBIT T.O.V. DEPARTMENT OF PUBLIC WORKS A PART OF THE NW i SECTION 9 TSS, R80W, 6TH P.M. TOWN OF VAIL, COUNTY, COLORADO AL"860crm-N-m- DRAM BY. KPJ I CHECKED BY: 88 m "a DATF-11 /07/22 PLC JOB ND.:)fX)O(' SHEET 2 OF 3 r� Now rw EXHIBIT A WATERLINE EASEMENT EXHIBIT A 20 FOOT STRIP OF LAND LYING 10 FEET EITHER SIDE OF THE THE FOLLOWING DESCRIBED CENTERLINE LOCATED IN A PART OF THE NORTHWEST 1/4 OF SECTION 9 TOWNSHIP 5 SOUTH, RANGE 80 WEST OF THE 6TH PRINCIPAL MERIDIAN EAGLE COUNTY, COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF OF SAID PORTION OF THE NORTHWEST 1/4 OF SECTION 9; THENCE N73'52'08"E A DISTANCE OF 365.93 FEET TO THE TRUE POINT OF BEGINNING: THENCE N12'39'38"W A DISTANCE OF 153.85 FEET; THENCE N40'29'45"E A DISTANCE OF 32.56 FEET TO POINT "A"; THENCE N49'29'35"W A DISTANCE OF 13.43 FEET; THENCE RETURNING TO POINT "A" N40'29'45"E A DISTANCE OF 48.14 FEET; THENCE N78'46'510E A DISTANCE OF 183.68 FEET; THENCE N48'31'51"E A DISTANCE OF 38.64 FEET; THENCE N78'19'38"E A DISTANCE OF 121.58 FEET; THENCE S82'52'55"E A DISTANCE OF 14.65 FEET TO POINT "B"; THENCE S07'02'12"W A DISTANCE OF 60.27 FEET; THENCE RETURNING TO POINT "B" S82'57'34"E A DISTANCE OF 86.98 FEET; THENCE N75'03'07' A DISTANCE OF 279.02 FEET; THENCE S59'53'17"E A DISTANCE OF 50.90 FEET; THENCE S34'17'13"E A DISTANCE OF 53.25 FEET, THENCE S11'38'46"E A DISTANCE OF 25.78 FEET TO POINT "C' THENCE N81'1I'll 4"E A DISTANCE OF 31.00 FEET; THENCE RETURNING TO POINT "C' S0922'41"E A DISTANCE OF 109.14 FEET TO THE POINT OF TERMINATION. CONTAINING 0.607 ACRES MORE OR LESS 0jr#0r�4Pi 0 Rf Gi4 nP T sz,- <,%L 4 �r. S _ qie f^v 2759840o IL <e;•,If/v7/2v22 BRENT BIGGS �1:YO ' ' PROFESSIONAL LAND SURVEYOR �iL L 00`1 P.L.S. No. 27598 WATERLINE EASEMENT EXHIBIT T.O.V. DEPARTMENT OF PUBLIC WORKS A PART OF THE NW j SECTION 9 T5S, R80W, 6TH P.M. TOWN OF VAIL. COUNTY, COLORADO DRAWN BY: KPJ I CHECKED BY: BB SHMT DATE:11/07/22 PLC JOB NO.:1144 3 OF 3 A< Lu Tmfi. me "—as Not .