HomeMy WebLinkAbout01.043 Easement Grant19 111111111111111111 111111111111111111111111 1111111111111
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WHEN RECORDED, RETURN TO:
BROWNSTEIN HYATT & FARBER, P.C.
P.O. Box 357
Glenwood Springs, CO 81602
Attention: James S. Lochhead, Esq.
EASEMENT GRANT
Railroad Milepost 367.51
To Sanders Ranch Holdings, LLC
This EASEMENT GRANT is made between ROARING FORK RAILROAD HOLDING
AUTHORITY, an intergovernmental entity, pursuant to C.R.S. §29-1-201, et seq., and Art. XIV,
Colorado Constitution, as grantor (hereinafter "RFRHA"), and SANDERS RANCH HOLDINGS,
LLC, a Colorado limited liability company as grantee (hereinafter"Sanders").
RECITALS:
A. RFRHA is the owner of the Aspen Branch line railroad corridor, as more fully
described in the Deed recorded as Reception No. 510445 on July 3, 1997 in the Garfield County
records (hereinafter"Corridor").
\ B. Sanders is the owner of a tract of land described in that Special Warranty Deed dated
"w•. . 4 August 6, 1998, between Glenwood Land Company, LLC and Sanders, recorded on August 11,
1998, in Book 1082, at Page 897, Reception No. 530316, Garfield County real property records
("Sanders Ranch").
C. Sanders desires a crossing easement over, under and across the Corridor.
D. The Corridor is presently improved with a railroad track, and Sanders Ranch is
improved with a farmhouse, barn, and agricultural buildings used for a farm. Sanders intends to
develop Sanders Ranch into a mixed-use development, including, but not limited to, a variety of
single and multi -family residences, active and passive recreational facilities, and commercial
development.
NOW, THEREFORE, in consideration of Ten Dollars and the performance of the agreements
and conditions herein and for other valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the following grants, agreements, covenants and restrictions are made:
1. Grant of Easement. RFRHA, subject to the reservations, terms, obligations and
conditions herein, grants to Sanders, as an easement appurtenant to Sanders Ranch, a non-exclusive
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easement (the "Easement") for ingress and egress over, under and across and for underground
utilities under a part of the Corridor situate in Section 7, Township 7 South, Range 88 West of the
6th Principal Meridian being more particularly described as follows:
Beginning at a point on the westerly right-of-way line of the former Denver and Rio Grande
Western Railroad whence the southwest corner of said Section 7 bears S. 03°12'04" W. 3586.35 feet;
thence N. 19°38'52" W. 100.00 feet along said westerly right-of-way line; thence N. 70°21'08" E.
100.00 feet to a point on the easterly right-of-way line of said former Denver and Rio Grande
Western Railroad; thence S. 19°38'52" E. 100.00 feet along said easterly right-of-way line; thence
S. 70°21'08" W. 100.00 feet to the point of beginning. The center of the above described easement
is located at milepost 367.51 according to right-of-way maps of the Denver and Rio Grande Western
Railroad (hereafter"Easement Premises").
2. Limitations on Rights Granted. The grant of Easement is without covenant of title
or quiet enjoyment and is subject and subordinate to a reservation of the prior and continuing right
of RFRHA to all other uses of the Easement Premises, including the right to use and maintain its
railroad tracks and construct, maintain, repair, renew, use, and operate tracks, lines, pipelines, a
busway, trails, and other facilities upon, along, over, under or across any or all parts of the Corridor
and Easement Premises, all of which may be done at any time by RFRHA without liability to
Sanders or to any other party for compensation or damages, so long as RFRHA does not
unreasonably interfere with Sanders' exercise of the Easement, which obligation includes, but is not
limited to, RFRHA's avoidance of any obstruction of Sanders' Access Road (as defined below) on
the Easement Premises, except for necessary, temporary construction or maintenance detours. This
Easement Grant is subject and subordinate to all existing leases, licenses, permits, claims of title or
other interests and as may in the future be renewed or extended by RFRHA.
3. Relocation of Easement Premises. Sanders shall have the one-time right to relocate
the Easement Premises within 300 feet either north or south along RFRHA's Corridor to
accommodate Sanders' final development approval from Garfield County and, upon a request for
relocation, the parties shall execute and record a revised easement grant showing the new location
of the Easement Premises and vacating the grant location shown herein.
4. Use of Easement Premises. Use of the Easement Premises for access is not confined
to present uses of Sanders Ranch, the present buildings thereon, or present means of transportation,
but may be used for all vehicular and pedestrian access to and within Sanders Ranch in its current
condition or as it may be developed in the future. Sanders may construct, use, maintain, repair and
replace all improvements associated with an access road on, across, over and under the Easement
Premises, including, but not limited to, bridges, tunnels, abutments, lanes, medians, landscaping,
drainage structures, curbs, gutters and associated foot paths and bridges (which improvements are
referred to herein as the "Access Road"). Sanders may also install, use, maintain, repair and replace
utilities, underground pipes, conduits, or wires under, and drainage structures on and across, the
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Easement Premises. Sanders may use the Easement to serve all present and future uses of Sanders
Ranch and take all actions reasonably necessary to fulfill the purposes of the Easement. The
Easement may be exercised by Sanders, its officers, agents, employees, independent contractors or
third parties with Sanders' permission.
5. Sanders' Improvements. Sanders shall be responsible for the construction, operation,
repair and maintenance of the improvements made on the Easement Premises for Sanders' use
thereof, and shall furnish material for, and construct, repair and maintain such improvements, and
shall keep the Easement Premises and such improvements in a good state of repair at the sole cost
and expense of Sanders. Sanders shall have a temporary construction license over adjacent portions
of the Corridor as reasonably necessary for construction of such improvements. Sanders shall
provide general supervision of all construction and repair activities to insure compliance with the
approved plans and specifications and all applicable federal, state and local laws or regulations.
Sanders shall not enter upon the Easement Premises for the purpose of constructing, reconstructing
repairing, or replacing any improvements to the Easement Premises, except in cases of emergency
when work is necessary to avert personal injury or damage to property, without first providing proof
of insurance as required herein, and obtaining a written permit from RFRHA, which permit shall be
issued consistent with this Easement Grant. The permit issued by RFRHA shall be effective for all
work undertaken as described in the permit during the effective term of the proof of insurance.
Before commencing any work on the Easement Premises, Sanders or its contractor shall notify
RFRHA, in writing at least ten (10) days in advance, of the project number, location, description of
proposed work, and the date on which Sanders or its contractor expects to begin such work. Notice
shall also be given within ten (10) days following completion and acceptance of such work. All
work of construction, maintenance, operation or reconstruction of the Easement Premises shall be
done by Sanders in such manner as to cause no interference with the uninterrupted use, maintenance,
or operation of the Easement Premises and rail corridor by RFRHA, provided, however, that Sanders
shall be allowed to temporarily re-route any trails through the Corridor as necessary.
6. Design of Improvements to the Easement Premises. Prior to commencing any
construction on or repair of the improvements on the Easement Premises, Sanders shall prepare
detailed construction plans and specifications for review and approval by RFRHA, which approval
shall not be unreasonably denied. RFRHA shall review and approve the designs or specify any
required changes to the designs within 30 days if the improvements are limited to underground
utilities and drainage structures, and 60 days of submittal for road improvements. Said plans and
specifications for road improvements shall include the following:
a. An "Initial Design" for an at -grade Access Road and associated safety and
related improvements to be made to the Easement Premises by Sanders for the purposes of this grant
to be constructed and used during the period prior to the initiation by RFRHA of any regular freight
or transit service within the Corridor that would require a grade separated crossing. The Initial
Design shall incorporate improvements, security, safety or other provisions sufficient to maintain
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the status of the Corridor under federal law, including 16 U.S.C. § 1247(d), and to comply with other
applicable regulations. The Initial Design shall include a box culvert underpass to be constructed
under and grade separated from the Access Road, within the Easement Premises and within the
Corridor, to be lighted at night, and accommodate unobstructed passage of pedestrian and bicycle
traffic along the trail easement within the Corridor; and
b. An"Improved Design" for safety improvements to the Easement Premises for
the purposes of this grant, including a grade separation of the Access Road from the Corridor, to be
constructed by Sanders upon initiation by RFRHA of regular freight or transit service within the
Corridor, in the event grade separation is required by Corridor -wide safety improvement criteria for
road crossings of the Corridor adopted by RFRHA.
c. The Initial Design and the Improved Design shall include any lights, signals,
bells, signs, posts, gates or other safety devices, to prevent accidents or other conflicts between the
use of the Easement Premises and the use of the Corridor, as may then be required by RFRHA
pursuant to its adopted Corridor safety standards or which may be required by any local, state or
federal law or order of any officer or regulatory board having jurisdiction over such matters. In the
event that Corridor safety standards applicable to the Access Road are amended prior to the
construction of the Initial Design or the Improved Design, then amended engineering drawings and
design specifications, to conform with and incorporating such amended Corridor safety standards
(which in the case of the Improved Design may or may not then require a grade separation), shall
be provided to and reviewed and approved by RFRHA prior to construction.
d. The Initial Design and Improved Design shall be prepared and certified by a
licensed Colorado professional engineer and shall include all site specific drawings, engineering
specifications, projections of crossing traffic expected to be generated at buildout from the
development of Sanders Ranch, and cost estimates and budgets for construction of the designs. This
information shall be provided to RFRHA with an engineering review fee of $5,000.00 for RFRHA's
costs for review and analysis of such designs. The designs shall include related grading approaches,
planking, ditches, drains, drain boxes, culverts, fences, gates, the relocation or protection of any
buried or overhead telegraph, telephone, fiber optic or other signal wires.
e. As a part of its construction of improvements shown on the final plat for that
portion of the Sanders Ranch west of the Corridor and to be served by the Access Road, and prior
to any use of the Easement Premises for access to any such development, Sanders shall construct the
Initial Design as approved by RFRHA, provided, however, that the box culvert underpass referenced
in the preceding paragraph 6(a) need only be constructed at the time RFRHA extends a trail within
the Corridor adjacent to the Easement Premises.
f. Except as otherwise provided in the succeeding subparagraph (g), in the event
RFRHA determines to begin use of the Corridor for regular freight or transit service which, under