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Home My Public Portal AboutResolution 2014-04-01 Authorizing Execution of an Easement Agreement with Winter Park Ranch Water and Sanitation District TOWN OF FRASER BOARD OF TRUSTEES Resolution No. 2014-04-01 A RESOLUTION AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT WITH WINTER PARK RANCH WATER AND SANITATION DISTRICT WHEREAS, the Town Board finds that it is mutually beneficial to both the Town of Fraser and Winter Park Ranch Water and Sanitation District to relocate the existing water inlet facilities for the "Lions Ponds." NOW, THEREFORE, BE IT RESOLVED BY THE TOWN OF FRASER BOARD OF TRUSTEES, AS FOLLOWS: 1. The Mayor is hereby authorized to execute the attached Easement Agreement. DULY MOVED, SECONDED, AND ADOPTED THIS 16th DAY OF APRIL, 2014. Votes in favor: _ BOARD OF TRUSTEES OF THE Votes opposed: TOW N/6- F , COLORADO Absent: Abstained: B S OF gs� ATTEST: SEAL Town Clerk c®IORP®O FIRST AMENDMENT TO EASEMENT AGREEMENT THIS FIRST AMENDMENT TO EASEMENT AGREEMENT is entered into effective ('i I I(p, 201q, by and between THE TOWN OF FRASER, COLORADO, a municipal corporation of the State of Colorado ("Fraser"), and WINTER PARK RANCH WATER AND SANITATION DISTRICT, a special district of the State of Colorado ("District"), whose address is P.O. Box 1390, Fraser, CO 80442. WHEREAS, Fraser and District previously entered into an Easement Agreement, dated September 23, 2003 and recorded October 13, 2003 at Reception No. 2003-013288 of the records in the office of the Clerk and Recorder of Grand County, Colorado ("the Easement Agreement"); and WHEREAS, said Easement Agreement provides for certain easements upon the following real property owned by Fraser located in the Town of Fraser, County of Grand, Colorado, to-wit: Lot 5, Safeway-Fraser Marketplace, according to the recorded plat thereof; (the "Burdened Property"); and WHEREAS, Fraser and District desire to amend said Easement Agreement, by changing the location of one of the easements described therein; and WHEREAS, the parties further desire to correct certain errors made in the Exhibits attached to the recorded Easement Agreement. NOW THEREFORE, in consideration of the premises and the mutual promises and covenants set forth herein, the parties agree as follows: 1,0 RELOCATED EASEMENT 1.1 The Ditch Easement described in Subsection 2.1.4 and on Exhibit "F" of the Easement Agreement (the "Terminated Ditch Easement") shall be replaced with a new Water Line Easement, as described on Exhibit "A" attached hereto and incorporated herein by this reference, which may be used by District for the installation of a ditch pipeline (not a well supply pipeline) in accordance with the provisions of Subsection 2.2.2 of the Easement Agreement. 1.2 District shall complete the installation of the water pipeline on said new Water Line Easement within two (2) years after the date of this Agreement.and shall abandon use of the Terminated Ditch Easement on or before that date. Said Terminated Ditch Easement shall be deemed to be vacated and terminated as of the date that the new water pipeline is installed and in operation or as of the date that is two (2) years after the date of this Agreement, whichever comes RECEPTION#: 2014002976,,05/22/2014 at 08:38:02 AM, 1 OF 6, R $36.00 , Additional Names Fee: Doc Code:EAS Sara L. Rosene, Grand County Clerk, first. The District shall be required to restore the surface of the land traversed by such Terminated Ditch Easement on or before such termination date. 1.3 The relative locations of said Terminated Ditch Easement and the new Water Line Easement are depicted on Exhibit "B" attached hereto. 2.0 CORRECTION OF EXHIBIT REFERENCES 2.1 The legal descriptions set forth on Exhibit "A" at page 7 of the recorded Easement Agreement, and on Exhibit "D" at page 11 of the recorded Easement Agreement, were erroneously attached to the Easement Agreement and said Exhibits are hereby deleted in their entirety. 2.2 The reference to "Exhibit A" in Section 2.1 on page 2 of the Easement Agreement was intended to refer to the map attached at page 16 of said recorded Easement Agreement, and said map is hereby designated as such Exhibit "A", notwithstanding the pagination of the recorded document. 3.0 ADDITIONAL PROVISIONS 3.1 Except as expressly amended and modified herein, all terms and conditions of the Easement Agreement shall remain in full force and effect and the parties hereby ratify and affirm the same. IN WITNESS WHEREOF, the parties have caused this Amendment to be executed by their duly authorized representatives. DISTRICT FRASER WINTER PARK RANCH WATER AND THE TOWN OF FRASER, COLORADO, a SANITATION DISTRICT, a special district municipal cor oration of the State of Colorado of the State of Colorado BY: `` BY: resid t Peggr tb4, Mayor ATTEST: ,� ATTEST: w � Secretary Lu Berger, Town Cle - 2 - STATE OF COLORADO ) ) SS COUNTY OF GRAND ) The foregoing instrument was acknowledged before me on Pz�n l , 2011 , by Peggy Smith, as Mayor, and Lu Berger, as Town Clerk, of The Town of Fraser, Colorado, a municipal corporation of the State of Colorado. Witness my hand and official seal. My Commissi 3(a�)Z0, L O( SEAL) 7 PU i Notary Public e- OP COV° STATE OF COLORADO ) ) SS COUNTY OF (',roil� ) The foregoing. stru ent was acknowledged before me on 201, by So S , as President, and klal"ert &r�, as S retary, of Winter Park Ranch Water and Sanitation District, a special district of the State of Colorado. Witness my hand and official seal. My Commission expires: ( SEAL) Notary P v6iic CATHY L CHILDRESSS NOTARY PUBLIC STATE OF COLORADO NOTARY ID#20054030583 MY COMMISSION EXPIRES AUGUST 03,2017 - 3 - EXHIBIT A \ \ 1 W Y COR. \ \ W R6 COR. S ao��3Ud�Nw Y N89'581031W w S.20 0 1 S R 75 MT--- 131392T .C. m -.ate \ y \ FRASER RrVER rRAIL S81'49W -- VILLAGE L4KE! 192.41 POD 1l \\ RaW R. >>g �111111911111NI�I/ U•oe = SCALE 1"=40' O Denotes only a change o'. 3_17_11 of direction or legal set description ument Coll, not a ''� ��ygf119LANO•�°``````, NOTICE: According to Colorado low you must commence any legal action based upon any defect in this survey within three years after you first discovered such defect. In no event, may any action based upon any defect in this survey be commenced more than ten years Poge 2 of 2 from the date of the certification shown. a LEGAL DESCRIPTION & EXHIBIT MAP t8 o a Co SECTION 20, TOWNSHIP 1 SOUTH, RANGE 75 WEST OF THE 6TH P.M. SAFEWAY—FRASER MARKETPLACE—REC# 98006151 °sue ' COUNTY OF GRAND, STATE OF COLORADO EXHIBIT A LEGAL DESCRIPTION A 30 foot wide utility and maintenance easement over, across and on Lot 5, Safeway-Fraser Market Place, as recorded under reception number 980061 Section 20, Township 1 South, Range 75 West of the 6th P.M., Town o{ Fraser. County of Grand State of Colorado said easement lying 15.0 feet on each side of }he following described centerline; Commencing t the Northeast comer of the Northwest 34 of the Southwest Y4 of sold Section 20, frorq whence the West Quarter corner of said Section 20 bears North 89'58 03" West, with all bearings contained herein being relative thereto Basis of Bearing); Thence South 17.51°02" East 623.69 feet to a point on the existing westerly bank of the Fraser diver, said point being the Point of Beginning Thence South 81.49.18" West, 192.41 feet to a point on the existing easterl bank of Vilioge Lake 11, said point being the Terminus of said 30 foo� wide utility and maintenance easement, the side lines of which are to be lengthened or shortened to intersect said existing westerly bank of the Fraser River and sold existing easterly bank of Village Lake II. i, David R. Lutz .� y ed land surveyor in the State of Colorado, do hereb cert,t'00 aI description and exhibit map represents the results o , 'uo a me or under my direction. 0 4F _ a—V—1d T. U 2%s 3-17-11 -- Colorado of I �` Land Sury eyor 688 euu nto�"`�` Page 1 of 2 �= LEGAL DESCRIPTION &EXHIBIT MAP 8 SECTION 20, TOWNSHIP 1 SOUTH, RANGE 75 WEST OF THE 6th P.M. „ Or SAFEWAY—FRASER MARKETPLACE—REC# 98006151 es COUNTY OF GRAND, STATE OF COLORADO EXHIBIT B 7 / 1 x ® i ' 1 r r. i t 30 c Am 1 1 iV RAI t t � 1