TC Resolution 21-04 Approving Bill of Sale and the Conveyance of a Water Easement to the Upper Eagle River Water AuthorityA
Avon
COLORADO
RESOLUTION 21-04
TOWN OF AVON
APPROVING BILL OF SALE AND THE CONVEYANCE OF A WATER MAIN EASEMENT
TO THE UPPER EAGLE RIVER WATER AUTHORITY
WHEREAS, the Avon Town Council desires to convey water line located on a portion of Tract G and
serving Nottingham Park to the Upper Eagle River Water Authority (the "Authority"); and
WHEREAS Town Council desires to grant to the Authority an easement over a portion of Tract G for
the purpose of allowing the Authority to construct, install, remove, replace, add to, maintain, repair,
operate, change or alter the water line; and
WHEREAS, the Town Council is authorized to grant easements over real property pursuant to Colorado
Revised Statutes section 31-15-101(1)(d); and
WHEREAS, the Authority will assume responsibility for the maintenance and repair of the water line
on the Tract G property in accordance with its policies; and
WHEREAS, the Town Council finds that conveyance of the water line to the Authority will promote the
efficient maintenance of water infrastructure serving the Town's property.
THEREFORE, BE IT RESOLVED BY THE TOWN OF AVON that the Avon Town Council hereby
approves the conveyance of the water line to the Authority pursuant to the form of the Bill of Sale attached
hereto as Exhibit A, and the grant of the easement to the Authority pursuant to the form of the Easement
attached hereto as Exhibit B.
ADOPTED MARCH 9, 2021 by the AVON TOWN COUNCIL
�ON OF ql�0
. �i
By: Attest: .'' E A IL .:
Sarah Smit ymes,a or Brenda Torres, Town CleW
FORM C& WATER EASEMENT- UPPER EAGLE REGIONAL WATER AUTHORITY
WATER EASEMENT- UPPER EAGLE REGIONAL WATER AUTHORITY
THIS EASEMENT is made this I. day of s1 , 201, by
and between .._ mow -W 6yz 44-6 A .__ (hereinafter
referred to as "Grantor"), and it's successors and assigns, and the Upper Eagle
Regional Water Authority, a quasi -municipal corporation of the State of Colorado
within the County of Eagle, (hereinafter referred to as "Authority").
WITNESSETH, that for and in consideration of the sum of One Dollar ($1.00) and
other good and valuable consideration paid by the Authority to Grantor, the receipt of
which is hereby acknowledged, the Grantor does hereby grant, convey and transfer
unto the Authority, its successors and assigns, a perpetual easement and right, subject
to the requirements of the Town of Avon Municipal Code, 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 Authority without
liability for damages arising therefrom.
Following the completion of the purpose of any entry by the Authority upon such
easement for any of the aforesaid objects, the Authority 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 C6; WATER EASEMENT- UPPER EAGLE REGIONAL WATER AUTHORITY
IN WITNESS WHEREOF, the parties hereto have set their hands and seal the
day and year first above written.
GRANTOR: 44�r���
(Name of Grantor)
STATE OF COLORADO }
) ss.
COUNTY OF �}
The foregoing Easement was subscribed and sworn to before me this 1-3
day of 20' , by
WITNESS my hand and official seal.
(S E A L)
Kendall Moore
NOTARY PUBW
STATE OF COLORADO
NOTARY ID# 2015404M
W COMMISSION EXPIRES June 24, 2024
ACCEPTED by the Authority this
I lk,sty
Notary Public
My commission expires:
day of ,20`.
By:
General Manager
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FORM C3: BILL OF SALE UERWA- WATER MAIN
BILL OF SALE AUTHORITY — WATER MAIN
KNOW ALL MEN BY THESE PRESENTS, that = a60tir 0,,a a.e
, ("Seller"), for and in
consideration of the mutual promises and assurances made herein, the sufficiency of
which is hereby acknowledged, and other valuable consideration to be paid by Upper
Eagle Regional Water Authority ("Authority"), a quasi -municipal corporation of the State
of Colorado, has bargained and sold, and by these presents does grant and convey unto
the Authority, its successors and assigns, the following property:
The water system, equipment, and related appurtenances and facilities,
including all related personal property (the "Improvements"), which are
constructed or otherwise acquired by Seller within the property generally
known as * p4 6j2 o aJd� --
and described on Exhibit A, attached hereto and
incorporated herein by reference.
To have and to hold the same, unto the Authority, its successors and assigns
forever, and Seller, for itself, its successors and assigns, covenants and agrees to and
with the Authority, its successors and assigns, to warrant and defend the sale of said
Improvements, hereby made unto the Authority, its successors and assigns, against all
and every person or persons whomsoever, and warrants that the conveyance of the
Improvements to the Authority, its successors and assigns, is made free from any claim
or demand whatsoever.
The Seller further agrees and assures:
1. That all of the Improvements described herein were installed in substantial
compliance with the Authority's Rules and Regulations and applicable construction
standards, and that said Improvements are in first-class working order, free from any
defect whatever.
2. That no charges for materials or labor are due and payable on any of the
Improvements described herein, and that Seller shall indemnify, defend, and hold the
Authority and its agents, employees, engineers, and attorneys, harmless from and against
all claims, damages, judgments, losses, and expenses of every nature, including
reasonable attorney's fees, arising at any time out of any act or omission of Seller and its
employees, subcontractors and their employees, and all other persons directly or
indirectly involved or performing work for Seller on the Improvements described herein.
3. If within TWO (2) YEARS after the date of Construction Acceptance of the
Improvements by the Authority, any Work is found to be defective, Seller shall promptly,
without cost to the Authority and in accordance with the Authority's written instructions,
within seven (7) days after the Authority's issuance of written instructions correct the
defective Work at Seller's cost. If Seller does not promptly comply with the terms of such
instructions or in an emergency where delay would cause serious risk of loss or damage,
Page 1 of 2
FORM C3: BILL OF SALE UERWA- WATER MAIN
the Authority may have the defective Work corrected or removed and replaced, and all
direct and indirect costs of such removal and replacement, including compensation for
additional professional services, shall be paid by Seller. Seiler shall also pay for any
damage done to other work, other property or persons which occurred as a result of the
defective Work within the two-year warranty period.
4. Except for any notice required by law to be given in another manner, (a) any
notice to Seller provided for in this Bill of Sale shall be in writing and shall be given and
be effective upon (1) delivery to Seller or (2) mailing such notice by first class U.S. mail,
addressed to Seller to Seller's address stated herein or at such other address as Seller
may designate by notice to the Authority and (b) any notice to the Authority shall be in
writing and shall be given and be effective upon (1) delivery to the Authority or (2) mailing
such notice by first class U.S. mail, to the Authority's address stated herein or to such
other address as the Authority may designate by notice.
IN WITNESS WHEREOF, the Seller has caused its name to be hereunto subscribed this
7- � day of , 201L.
SELLER:
By:
4A � a*_ev�_v-
(Title)
Mailing Address
STATE OF COLORADO )
) ss.
COUNTY OF EAGLE )
The foregoing instrument was acknowledged before me this :-' day of
as LQ! c of , k ti
WITNESS my hand and official seal.
(S E A L) 4uo1Y\(1(Q� &-
Kendall Moore Notary Public
WTMY pusuc
eTMYCOWMW
UV 2DIS40WO My commission expires:
W coMMs N ORRES June 24,2M4 'L�-t .
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EXHIBIT A
FORM C3: BILL OF SALE UERWA- WATER MAIN
BILL OF SALE AUTHORITY — WATER MAIN
KNOW ALL MEN BY THESE PRESENTS, that
, ("Seller"), for and in
consideration of the mutual promises and assurances made herein, the sufficiency of
which is hereby acknowledged, and other valuable consideration to be paid by Upper
Eagle Regional Water Authority ("Authority"), a quasi -municipal corporation of the State
of Colorado, has bargained and sold, and by these presents does grant and convey unto
the Authority, its successors and assigns, the following property:
The water system, equipment, and related appurtenances and facilities,
including all related personal property (the "Improvements"), which are
constructed or otherwise acquired by Seller within the property generally
known as
"and described on Exhibit A, attached hereto and
Incorporated herein by reference.
To have and to hold the same, unto the Authority, its successors and assigns
forever, and Seller, for itself, its successors and assigns, covenants and agrees to and
with the Authority, its successors and assigns, to warrant and defend the sale of said
Improvements, hereby made unto the Authority, its successors and assigns, against all
and every person or persons whomsoever, and warrants that the conveyance of the
Improvements to the Authority, its successors and assigns, is made free from any claim
or demand whatsoever.
The Seller further agrees and assures:
1. That all of the Improvements described herein were installed in substantial
compliance with the Authority's Rules and Regulations and applicable construction
standards, and that said Improvements are in first-class working order, free from any
defect whatever.
2. That no charges for materials or labor are due and payable on any of the
Improvements described herein, and that Seller shall indemnify, defend, and hold the
Authority and its agents, employees, engineers, and attorneys, harmless from and against
all claims, damages, judgments, losses, and expenses of every nature, including
reasonable attorney's fees, arising at any time out of any act or omission of Seller and its
employees, subcontractors and their employees, and all other persons directly or
indirectly involved or performing work for Seller on the Improvements described herein.
3. If within TWO (2) YEARS after the date of Construction Acceptance of the
Improvements by the Authority, any Work is found to be defective, Seller shall promptly,
without cost to the Authority and in accordance with the Authority's written instructions,
within seven (7) days after the Authority's issuance of written instructions correct the
defective Work at Seller's cost. If Seller does not promptly comply with the terms of such
instructions or in an emergency where delay would cause serious risk of loss or damage,
Page 1 of 2
FORM C3: BILL OF SALE UERWA- WATER MAIN
the Authority may have the defective Work corrected or removed and replaced, and all
direct and indirect costs of such removal and replacement, including compensation for
additional professional services, shall be paid by Seller. Seller shall also pay for any
damage done to other work, other property or persons which occurred as a result of the
defective Work within the two-year warranty period.
4. Except for any notice required by law to be given in another manner, (a) any
notice to Seller provided for in this Bill of Sale shall be in writing and shall be given and
be effective upon (1) delivery to Seller or (2) mailing such notice by first class U.S. mail,
addressed to Seller to Seller's address stated herein or at such other address as Seller
may designate by notice to the Authority and (b) any notice to the Authority shall be in
writing and shall be given and be effective upon (1) delivery to the Authority or (2) mailing
such notice by first class U.S. mail, to the Authority's address stated herein or to such
other address as the Authority may designate by notice.
IN WITNESS WHEREOF, the Seller has caused its name to be hereunto subscribed this
day of , 20—.
SELLER:
By:
(Title)
Mailing Address
STATE OF COLORADO )
ss.
COUNTY OF EAGLE )
The foregoing instrument was acknowledged before me this day of ,
20_, by
as of
WITNESS my hand and official seal.
(S E A L)
Page 2 of 2
Notary Public
My commission expires:
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EXHIBIT B
FORM C6: WATER EASEMENT- UPPER EAGLE REGIONAL WATER AUTHORITY
WATER EASEMENT- UPPER EAGLE REGIONAL WATER AUTHORITY
THIS EASEMENT is made this day of , 20_, by
and between (hereinafter
referred to as "Grantor"), and it's successors and assigns, and the Upper Eagle
Regional Water Authority, a quasi -municipal corporation of the State of Colorado
within the County of Eagle, (hereinafter referred to as "Authority").
WITNESSETH, that for and in consideration of the sum of One Dollar ($1.00) and
other good and valuable consideration paid by the Authority to Grantor, the receipt of
which is hereby acknowledged, the Grantor does hereby grant, convey and transfer
unto the Authority, its successors and assigns, a perpetual easement and right, subject
to the requirements of the Town of Avon Municipal Code, 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 Authority without
liability for damages arising therefrom.
Following the completion of the purpose of any entry by the Authority upon such
easement for any of the aforesaid objects, the Authority 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 C& WATER EASEMENT- UPPER EAGLE REGIONAL WATER AUTHORITY
IN WITNESS WHEREOF, the parties hereto have set their hands and seal the
day and year first above written.
GRANTOR:
STATE OF COLORADO
(Name of Grantor)
) ss.
COUNTY OF )
The foregoing Easement was subscribed and sworn to before me this
day of , 20-1 by
WITNESS my hand and official seal.
(SEAL)
Notary Public
My commission expires:
ACCEPTED by the Authority this day of 120_
By:
General Manager
Page 2 of 2
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