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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 Page 2 of 2 W W'II n . U s 0 p vs ao Z 6 4 0 • pN fn a• `R 9-0 LLlfrawz ti ' � 8 Q z r Vl r O. • �fE°b V! z Z o e a LU AM ~ I O o W wg Apw =pIn Q N SSE mN am Z� E dR C4 LLI �Q I �C-4 c°i a 3 N Iit V) via N c •q � !n C co r N YW � u_ Ia J — f�lZ cao r to ( O a n e7 .. � '00oy ME # n MI W ifi c,$ \a am ac�CD c � :O ANn cn PN ��I J L w� �� o0 10 I I II Np Awa,» -or �1 Q `_ 401 0 N .. P o W Om J / cp iJ Z S a - N � m a a fln 8 z r I � mr br�no, SMP a� mW rT� ONN L q r� Wba _ O WuW.r cr Nz to#._Wm com ! O O I 4p ,- 1 t c m W C oF,� yWa W 2$ .0Fgop °moo !S Z.; E I� H om �zNN uzaw I WI I ti a ID u rn .- u F- HmTVIW n p F C• mal Cpa vi�za` o�We+r a; zY co :. fo;n EQ n� C)w W8 2a oroz—N �ym dlz L -wi m "m u$Q oaS --- -dS=W w �:n o0 oo as c aa° —---am.z.ml o lz \o y.�rW c :E V V) m L) d ~ E in o �` _ n sO u f IiJ� It �rmyn�rtl,m 3 OZ tm t°n Pr- od a L%Z at av�v1 m-� h i7 z z w O a S eri Qqui� Obi 00 0 a 3c 0 civ �I cn yvr p m c o ov c P t $t= C N 3 ,9£'95l S c° $ m-101 .0 o (30 M,ZS,L0.4ZS m 9c 9+ S I 0. _ a a_ a� r�NN 0#- 21 �.-7I I U d O�MW U orro !lIIII Ir O m_ r f to € Im n V i� n o, EL a e c CO 04 ,n to, a N L— I I o ovc `P"'!r+ r aum rz m a5— ONL6�p �N d V,)a m Z V1 .r U1 �rilyd IDMS raDTawr •ewwmn..wpAurcr�uroe+�wra.e W.ewu+r4� 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 . Page 2of2 W W�zze0 .° -,o° Z a o N z U' P> aZ_S�U W J W =' a • Ji3UJ eJ ••••'�' %2z Zoi r I O T�sE oZLLj Te e.2 ao I w ag z_ COL Y O Q xsE W P'.*„�oM � m 4a v o �Ysi 5� -Ln 00 = ' =� / V °c” puri u'0 V, gill ww (L ° _cf) — c 0 w X ipNt2ap a 2 w IR =- °nc roam ialA c*, m Z'vii.\ _ _' a'Q i3zw� is .rs. 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D i V �'� r,- ov cm $?u 3 i Oz0 m �p On.; c p �z i zo °z°rNw`0 `g gvi m� .toz U3, a a�w n~ pm i « 3 cMa /i warn"' 0 �cp 9£951 cc m �o $ �E (3t1) M.S8,10.4Z5 I F c+1 no ri �i rnj o CL To a els cm�Nin c .- o N °ate z /� i a0.2 mz1°L'i„ v`ri hoc° miner 71d ri 1M rn20L�A �Plww■■,■14pWOM1e■i,1rnDi+�4•tl ■N9�M4 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: 0 66 6 Z y�� ti��� O W # z hry Q Lil 8� zz �G _ V� 0 a 2 x$; m IQ on I� # Nis -_ - a W C4 li O V X x a �T t NN' P n7•F IY�4,:IPA QN I L J ^ I V C C I QI to COW �5o� -W =1 �+ gfWQQ ° J 7 OI m �,I�� Az2 . o �iw V+# W o .6f - W ]O W ns LL¢ao o,ro nF. �4 4Z sw g vf W N+, L + a I �oa� $ 3 "� Bjd Z -10 z �g,I§, — as—=� QI tm .00 ozo cmn�pQw„ u� CZ Iv OZO sni ie i. I nc _f 4# u°Owa b� .9£'95 L j $ E G = 'OA N $ OLO M.ZS,LO.*ZS ` o n o 10-7 Ln I I $ =NNS'� _ r / 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 Q I w �\ '-fin N r R go E IN m n n lij 2 0 o Ole Z o� y yti w W W a Q 0 L I 1 �a a OnWa oW aaZ1 c zy Oms a.� �mZ.. :8 w l Ozz (310 M.Z9J0JFZS _4. 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