09-18-2007 Fence Agreement Riverfront SubdivEAGLE COUNTY, CO 200725164
TEAK J SIMONTON
r Pgs= 5 04= 03 :44PM 09/19/2007
REC: $26.00 DOC: $
FENCE AGREEMENT
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This Fence Agreement is entered into this � day of September, 2007, by and among the
Town of Avon, a municipal corporation of the State of Colorado ( "Town "), Confluence
Metropolitan District, a quasi - municipal corporation and political Subdivision of the State of
Colorado ( "CMD "), and Union Pacific Railroad Company, a Delaware corporation ( "UPRR ").
A. Town is the owner of that certain real property legally described as follows:
Riverfront Lane
Riverfront Subdivision, according to the Final Plat recorded June 15, 2006,
Reception No. 200615950 in the office of the Clerk and Recorder,
County of Eagle
State of Colorado
B. CMD is statutorily authorized and contractually responsible for maintaining
certain improvements situated within Riverfront Lane, including certain fencing
C. UPRR is the owner of the Tennessee Pass Line, the right of way (ROW) for
which abuts the northern boundary of the Riverfront Subdivision.
D. CMD desires to remove certain fencing just to the north of the northern boundary
of the Riverfront Subdivision and replace same with new fencing, or a wall, or a combination of
both.
E. UPRR, for safety reasons and concerns, desires to have a fence and /or wall
separating the Riverfront Subdivision from the Tennessee Pass Line ROW.
NOW THEREFORE, for good and valuable consideration the receipt and sufficiency of
which is hereby acknowledged the parties agree as follows:
1. CMD agrees to remove the existing chain link fencing just to the north of the property
line, separating the Riverfront Subdivision from the Tennessee Pass Line ROW and to construct,
and thereafter maintain, a new fence directly on the northern boundary , of the Riverfront
Subdivision. UPRR acknowledges and agrees that a standard gauge, chain link fence not less
than six feet in height shall always be permissible (a "Chain Link Fence "). If CMD desires to
construct a fence or wall (or combination of both) of different materials or dimensions (a "New
Fence /Wall "), CMD agrees to submit plans and specifications for the New Fence/Wall and any
subsequent material modifications thereto (the "Plans ") to UPRR for review and approval at the
following addresses:
Vice President - Engineering Management
Union Pacific Railroad Company
1400 Douglas Street, Mail Stop 0910
Omaha, Nebraska 68179
411" — Au r
John Dunn, Esq. I I
John W. Dunn & Associates
P.O. Box 7717
Avon, CO 81620
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with copy of transmittal to:
Assistant Vice President -Real Estate
Union Pacific Railroad Company
1400 Douglas Street, Mail Stop 1690
Omaha, Nebraska 68179
UPRR agrees to complete its review of the Plans within twenty (20) days after
receipt. UPRR shall not unreasonably withhold or delay its approval of the Plans. CMD
acknowledges and agrees that UPRR's approval of the Plans shall not constitute a
guarantee or warranty that the Plans comply with applicable laws, or that the New
Fence /Wall will be structurally sound.
2. UPRR hereby grants CMD the right to remove the existing chain link fencing just to
the north of the property line separating the Riverfront Subdivision from the Tennessee Pass Line
ROW, and to construct and maintain a Chain Link Fence, or, subject to the review and approval
procedures set forth above, a New Fence/Wall, at CMD's sole cost and expense, directly on the
property line between the Riverfront Subdivision and the Tennessee Pass Line ROW.
3. This Fence Agreement shall run with the land and shall be binding upon the
successors and assigns of the parties hereto.
EXECUTED this day of September, 2007.
Confluence Metropolitan District
a quasi - municipal corporation and
political Subdivision of th of
Colorado
By:
Print
Name: A.
Title: V'T? 4 A,( �CGV v
Town of Avon
a municipal corporation of the of
Colorado
By:
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Name: L
Title: 7 au I A IV-4A1f1CZd
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Union Pacific Railroad Company
A Delaware corporation
By: _
Print
Name:
Title:
with copy of transmittal to:
Assistant Vice President -Real Estate
Union Pacific Railroad Company
1400 Douglas Street, Mail Stop 1690
Omaha, Nebraska 68179
UPRR agrees to complete its review of the Plans within twenty (20) days after
receipt. UPRR shall not unreasonably withhold or delay its approval of the Plans. CMD
acknowledges and agrees that UPRR's approval of the Plans shall not constitute a
guarantee or warranty that the Plans comply with applicable laws, or that the New
Fence /Wall will be structurally sound.
2. UPRR hereby grants CMD the right to remove the existing chain link fencing just to
the north of the property line separating the Riverfront Subdivision from the Tennessee Pass Line
ROW, and to construct and maintain a Chain Link Fence, or, subject to the review and approval
procedures set forth above, a New Fence /Wall, at CMD's sole cost and expense, directly on the
property line between the Riverfront Subdivision and the Tennessee Pass Line ROW.
3. This Fence Agreement shall run with the land and shall be binding upon the
successors and assigns of the parties hereto.
EXECUTED this day of September, 2007.
Confluence Metropolitan District
a quasi - municipal corporation and
political Subdivision of the State of
Colorado
By:
Print
Name:
Title:
Town of Avon
a municipal corporation of the State of
Colorado
By:
Print
Name:
Title:
Union Pacific Railroad Company
A Delaware corporation
By:
Print
Name: To„u K. LQV C-
Title: Ass4 V%Lt. Fer.;,&0A _Ztz�
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Assis-rp.N-r r- QJV_r'A
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STATE OF COLORADO )
ss.
COUNTY OF 1 Q rg9)) )
The foregoing instrument was acknowledged before me this _14+� day of September,
2007, by L , roOKS , as '(`C\ , for the Town
of Avon, a municipal Arporation of the State of Colorado, for and on b half of the corporation.
Witness my hand and official seal.
My commission
expires: � -a3 _M
Not ry Public
REBECCA J. HAMMER
NOTARY PU'B'LIC
STATE OF COLORADO STATE O`_°l'-ORADO
) SS. My Ccrrirriso:ontxpires Aug-23,2009
COUNTY OF �I � ))
The foregoing instrument was acknowledged before me this � �� day of September,
2007, byj,CYYt Id• /-*, Y_V Lt.l S K; as l'ksl- S rr�ar vY— for
Confluence Metropolitan District, a quasi - municipal corporation and political Subdivision of the
State of Colorado, for and on behalf of the corporation.
Witness my hand and official seal.
My commission
expires: 4))Z)) 0 �(
Notary Public
KAREN BIGGS
NOTARY PUBLIC
STATE OF COLORADO
My Commission Expires Apr. 10, 2010
STATE OF NEBRASKA )
ss.
COUNTY OF DOUGLAS )
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On this 13 day of September 2007, before me, Gregg A. Larsen, Notary Public
in and for said County and State, personally appeared C,T MC!A<.v"' and
Tony K. Love who are the Assistant Secretary and Assistant Vice President — Real
Estate, respectively, of Union Pacific Railroad Company, a Delaware corporation, and
who are personally known to me (or proved to me on the basis of satisfactory evidence)
to be the persons whose names are subscribed to in the within instrument, and
acknowledged to me that they executed the same in their authorized capacities, and
that by their signatures on the instrument the persons, or the entity upon behalf of which
the persons acted, executed the instrument.
WITNESS my hand and official seal.
tX - QREGG A, IARSEN of ry Public
.."HEZA MY COMMISSIONEXPIRES
August 28, 2008
4