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HomeMy WebLinkAbout2015-31 ERWSD Water line Easement for Lions Ridge Apartments11 RESOLUTION NO. 31 Series of 2015 A RESOLUTION AUTHORIZING THE TOWN OF VAIL TO GRANT A WATER EASEMENT TO EAGLE RIVER WATER AND SANITATION DISTRICT; 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, Eagle River Water and Sanitation District ("ERWSD") is requesting an easement from the Town to install and maintain water lines to Lion's Ridge Apartment homes located at 1265 North Frontage Road West, (the "Property"); and WHEREAS, there are currently no recorded easements that will allow this to occur. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Council hereby approves the Easement and authorizes the Town Manager to sign the water easement on behalf of the Town in substantially the same form as 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 6t" day of October, 2f Andrew P. Daly Town Mayor ATTEST: i ,/ � .�/, _ , Patty McKenn Town Clerk Resolution No. 31, Series 2015 AZ XAJ '5vj c WATER EASEMENT THIS EASEMENT is made this day of September , 2015, by and between the Town of Vail (hereinafter referred to as "Grantor"), successors and assigns, and 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 A 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_. AN General Manager Page 2 of 2