HomeMy WebLinkAbout1.02 Easement Deed and Agreement1111 PIA IlliiTirAIKIN.IdliK101:14e1rivi1ii 1 11 1
Reception #: 839441
08116/2013 04.23:53 PM Jean R1berico
1 of 7 Rec Fee:$41.00 Doc Fee:0.00 GARFIELD COUNTY CO
EASEMENT DEED AND AGREEMENT
August
This Easement Deed and Agreement (the "Agreement "), dated and delivered this 13th day of 4r;
2013, is made by and between Garfield County School District No. 16, a Colorado School District and
Political Subdivision of the State of Colorado, whose address is 251 N. Parachute Avenue, Parachute,
CO 81635 (hereinafter referred to as "Grantor "), and Battlement Mesa Land Investments Parcel 2, LLC,
a Colorado Limited Liability company, whose address is P.O. Box 6000, Battlement Mesa, CO 81635
and Community Holdings West, Inc., a Colorado Corporation and Battlement Mesa Land Investments
Parcel 6, LLC, a Colorado limited liability company (hereinafter collectively referred to as "Grantee ").
For good and valuable consideration, the receipt and sufficiency of which are hereby confessed and
acknowledged, Grantor and Grantee hereby make the following grants, agreements and covenants:
Grant.
1. Subject to the terms and conditions set forth herein, Grantor hereby sells and conveys to Grantee, and
to Grantee's successors and assigns, a non- exclusive perpetual easement (the "Easement ") for a road
and utilities, over and across the existing road now located on Grantor's real property described in
Exhibit A. The location of the Easement is shown in general on the map attached hereto as Exhibit B
and made a part hereof.
Purpose.
2. The Easement shall provide Grantee and the general public with access to and from Grantee's
property located in Section 8, T. 7 S., R. 95 W., 6th P.M., Garfield County as well as a tract of land
covered by a park easement and legally described as shown on Exhibit C, or any part thereof, to and
from an open public road, known as Sipprelle Drive, located in Battlement Mesa, P.U.D.
Title.
3. Grantor warrants Grantee's title to the Easement, free and clear of all liens and encumbrances.
Grantor's Rights.
4. Grantee's use of the Easement shall not be exclusive, and Grantor and Grantor's successors and
assigns, guests and invitees shall have the right to use the Easement, but without interference with
Grantee's use thereof.
Construction, Repair and Maintenance.
5. Construction of the roadway, its repair, and maintenance of the Easement, or any segment thereof
shall be the responsibility of the Grantee, its successors and assigns.
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Easement Deed and Agreement
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■iii k'l' 4 E'0I4. 11.10.1 NI'Aiinif '01'1 "i •� ii i
Reception #: 839441
08/16/2013 04,23.53 PM Jean Rlberico
2 of 7 Rec Fee,$41.00 Doc Fee .0 00 GARFIELD COUNTY CO
Grantee's Use.
6. Grantee, its successors and assigns as well as the general public shall be permitted to use the
Easement for vehicle and pedestrian access and utilities to and from Grantee's property, identified in
Paragraph 1 above, or any other property hereafter acquired by Grantee. The phrase "vehicle access" as
used in this Agreement shall be broadly interpreted to encompass pedestrian, motor vehicle, bicycle and
other forms of travel for which roads in Garfield County, Colorado, are customarily used.
Successor Owners.
7. The Easement may be transferred in whole or in part by Grantee to subsequent owners or buyers
from Grantee of Grantee's property, identified in Paragraph 2 above, or any part thereof.
Indemnity.
8. Grantee shall indemnify and save Grantor harmless from and against any and all claims, demands,
actions, causes of action, suits, judgments, executions or liability arising from the existence of the
Easement.
Easement Appurtenant.
9. The Easement shall be an easement appurtenant to Grantee's property described in Paragraph 2
above and shall be deemed to run with that land as well as the real property described on Exhibit C.
Binding Effect.
10. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of
the parties hereto.
Recording.
11. This Agreement shall be recorded (and re- recorded if a revised Exhibit A is attached hereto) in the
real estate records in the office of the Clerk and Recorder of Garfield County, Colorado.
IN WITNESS WHEREOF, Grantor and Grantee have executed this Agreement as of the day and year
first above written.
GRANTOR:
GARFIELD COUNTY SCHOOL DISTRICT NO. 16,
a Colorado School District and Political Subdivision
of the State of Colorado
2
Easement Deed and Agreement
GRANTEE:
111 Reception #; 839441
08/15/2013 04:23:53 PM Jean Rlberico
3 of 7 Rem Fee:$41,00 Doc Fee :0 00 GARFIELD COUNTY CO
BATTLEMENT MESA LAND INVESTMENTS PARCEL 2, LLC,
a Colorado limited liability company and BATTLEMENT MESA LAND INVESTMENTS PARCEL 6,
LLC, a Colorad ited liability company.
�/.
By:
COMMUNITY H• ►DINGS WEST, INC., a Colorado corporation
0E!
STATE OF COLORADO )
) ss
COUNTY OF GARFIELD )
The above and foregoing document was acknowledged before me this %y day of -
2013, by kr, f ,I„ta t)/(1- Superintendent for Garfield County School
District No. 16, a Co orado school district and political subdivision of the State of Colorado.
By:
Witness my hand and official seal.
1cI LA .e: /% �✓
Notary Pu Iic
My commission expires:
STATE OF COLORADO )
) ss
COUNTY OF GARFIELD )
Easement Deed and Agreement
NAOMI MARIE LAIDLAW
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID #19974004413
My Commission Expires March 10, 2017
3
■III ��'y � 511' ,40�1riiellirlf'ri «�Y.11I "111111
Reception #: 839441
08/16/2013 04 23:53 PM Jean Albericc
4 of 7 Rec Fee $41 00 Dcc Fee:0.00 GARFIELD COUNTY CO
The above and foregoing document was acknowledged before me this 1 5 14` day of 3uly ,�
2013, by E c Sc(N,,t.•e1`ct,„ Authorized Agent for Battlement Mesa Land Investments Parcel 2, LLC,
a Colorado limited liability company and Battlement Mesa Land Investments Parcel 6, LLC, a Colorado
limited liability company.
Witness my hand and official seal.
My commission expires:
STATE OF COLORADO )
) ss
COUNTY OF GARFIELD )
Notary Public
My Commission Expires 06/1112015
The above and foregoing docum h wa c owledged before me this t 5-4-day of 4tr11y, 2013
L `� �t
by ��;■ c � \�„� t of uommunity Holdings West, Inc., a Colorado
corporation.
Witness my hand and official seal.
My commission expires:
Easement Deed and Agreement
Notary Public
Cn l l [la o r �
4
Icy Commission Expires 0611112015
■III rel,l "ir".I m Iir'meo+'I'CI 1111
Reception #: 839441
08116!2013 04.23.53 PM Jean Rlberico
5 of 7 Rec Fee.$41.00 Doc Fee 0.00 GRRFIELD COUNTY CO
EXHIBIT A
Access & Utility Easement
A Parcel of land located in unplatted lands of Battlement Mesa PUD as recorded under Reception Number 333476,
also being located within Sections 8 and 17, Township 7 South, Range 95 West of the 6th Principal Meridian, Garfield
County, Colorado, being more particularly described as follows:
Beginning at a point whence the Northeast Corner of said Section 8 bears N33 °45'55E a distance of 4747.10 feet;
thence 155.43 feet along the arc of a curve to the right, having a radius of 540.00 feet, a central angle of 16 °29'30"
and subtending a chord bearing of S16 °11'41 "W a distance of 154.89 feet; thence S24 °26'26 "W a distance of 486.76
feet; thence 295.01 feet along the arc of a curve to the right, having a radius of 1540.00 feet, a central angle of
10 °58'34" and subtending a chord bearing of S29 °55'431W a distance of 294.56 feet; thence 396.56 feet along the
arc of a reverse curve to the left, having a radius of 710.00 feet, a central angle 32 °00'05" and subtending a chord
bearing of S19 °24'57 "W a distance of 391.42 feet; thence 40.21 feet along the arc of a compound curve to the left,
having a radius of 25.00 feet, a central angle of 92 °09'15" and subtending a chord bearing of S42 °39'43 "E a distance
of 36.01 feet to a point along the Northerly Right of Way line for Sipprelle Drive as recorded under Reception Number
541093; thence along said Northerly Right of Way line N88 °44'20 "W a distance of 130.08 feet; thence 38.48 feet
along the arc of a non - tangent curve to the left, having a radius of 25.00 feet, a central angle of 88 °1123" and
subtending a chord bearing of N47 °09'59 "E a distance of 34.79 feet; thence 445.98 feet along the arc of a reverse
curve to the right, having a radius of 790.00 feet, a central angle of 32 °20'42" and subtending a chord bearing of
N19 °14'38 "E a distance of 440.08 feet; thence 279.69 feet along the arc of a reverse curve to the left, having a radius
of 1460.00 feet, a central angle of 10 °58'34" and subtending a chord bearing of N29 °55'43 "E a distance of 279.26
feet; thence N24 °26'26 "E a distance of 486.76 feet; thence 121.66 feet along the arc of a curve to the left, having a
radius of 460.00 feet, a central angle of 15 °09'13" and subtending a chord bearing of N16 °51'49 "E a distance of
121.31 feet; thence S61 °13'35 "E a distance of 27.91 feet; thence N74 °08'54 "E a distance of 55.18 feet; thence
S57 °48'47 "E a distance of 3.90 feet to the point of beginning. Said Parcel contains 2.49 acres more or less.
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Reception 839441
08116!2013 04.23 53 PM Jean Alberico
7 of 7 Rec Fee:$41.00 Doc Fee:0.00 GARFIELD COUNTY CO
EXHIBIT C
Park Easement -
A Parcel of land located in unplatted lands of Battlement Mesa PUD as recorded under Reception Number 333476,
also being located within Sections 8 and 17, Township 7 South, Range 95 West of the 6th Principal Meridian, Garfield
County, Colorado, being more particularly described as follows:
Beginning at a point whence the Northeast Corner of said Section 8 bears N33 °45'55 "E a distance of 4747.11 feet;
thence S57 °48'47 "E a distance of 111.49 feet; thence S63 °58'43 "E a distance of 279.40 feet; thence S82 °55'19 "E a
distance of 44.28 feet; thence S08 °46'47 "W a distance of 418.88 feet; thence S83 °34'47"W a distance of 611.97 feet;
thence 86.76 feet along the arc of a non - tangent curve to the left, having a radius of 1540.00 feet, a central angle of
03 °13'40" and subtending a chord bearing of N26 °03'16 "E a distance of 86.74 feet; thence N24 °26'26 "E a distance of
486.76 feet; thence 155.43 feet along the arc of a curve to the left, having a radius of 540,00 feet, a central angle of
16 °29'30" and subtending a chord bearing of N16 °11'41 "E a distance of 154.89 feet to the point of beginning. Said
Parcel contains 6.15 acres more or less.