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HomeMy WebLinkAboutBlanket Easement and Agreement High Mesa Parcel Blanket Easement and Agreement 1 BLANKET EASEMENT AND AGREEMENT This Easement Agreement (the”Agreement”) is made and effective this _____th day of ____________________, 2009, by High Mesa Partners, LLC (“High Mesa”). This agreement is made with reference to and in reliance upon the following facts: A. High Mesa is the owner of certain real property located in Garfield County, Colorado more particularly described on Exhibit “A” DAYBREAK PARCEL attached hereto and made a part hereof; Inconsideration of the mutual promises and covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Grant of Easement: a. High Mesa Grants a non-exclusive Easement for the purpose of a Utility, Infrastructure and Maintenance Easement (Easement) to parties and agents of parties, (“Parties”), that are required under the Daybreak, High Mesa Services agreement, “Services Agreement”, to maintain utilities and equipment on said easement being more particularly described in Exhibit “B” UTILITY, INFRASTRUCTURE AND MAINTENANCE EASEMENT attached hereto and made a part hereof for the purpose of ingress and egress, for installation, maintenance, repair and service of said Easement. b. Easement is granted to Parties and dedicated for the use of installation and maintenance of infrastructure and utilities on the High Mesa Partners, LLC (High Mesa) parcel. 2. Reservations of Easement: High Mesa hereby reserves the right to use said Easement in any manner that will not prevent or interfere with the reservations of said Easement. 3. Use of Easement: a. Parties to Services Agreement, it’s successors and/or assigns, heirs and personal representatives agrees to undertake all activities performed in connection with said Easement in a good and workmanlike manner and as expeditiously as possible, b. Shall at all times perform such activities in complete compliance with all applicable construction, health, safety and other laws, regulations and codes. c. Shall disturb the natural vegetation with the subject easement as little as possible and shall clean up, re-grade and re-vegetate unimproved portions of the Easement area as soon as possible and to the extent necessary from time to time to restore the same as closely as possible to its natural state. d. All such activities shall be performed at the sole cost and expense of Parties as defined in the Services Agreement, it’s successors and/or assigns, heirs and personal representatives e. Shall keep the subject easement free from mechanic’s or materialman’s liens of any kind which may arise from any activities undertaken by Parties, it’s successors and/or assigns, heirs and personal representatives. Blanket Easement and Agreement 2 f. Upon completion of construction of said Utilities and Infrastructure, easement may be used by Parties as ingress/egress for: i. Continued maintenance and repairs of said Utilities and Infrastructure as defined in the Services Agreement. ii. May be accessed by Daybreak Realty, LLC (“Daybreak”), it’s successors and/or assigns for repair and maintenance as per Service Agreement between Daybreak and High Mesa for same. 4. Maintenance: The parties, Daybreak and High Mesa, their successors and/or assigns, heirs and personal representatives respectively agree to maintain the easement in accordance with the Service Agreement between said parties. 5. Notices: Any notice hereunder shall be given in writing and shall be deemed effective upon the date of personal delivery, or three days after deposit in the United States Mail, postage prepaid, certified mail, and properly addressed to the parties as follows: a. Daybreak Realty, LLC, 400 Panamint Road, Reno NV 89521 b. High Mesa Partners, LLC, 400 Panamint Road, Reno NV 89521 Any party to this Easement and Agreement, their successors and/or assigns, may designate or change their address for purposes of this Easement and Agreement by giving notice as set forth above. 6. Binding Effect: The covenants and agreements contained herein shall be deemed covenants which shall run with the real property herein above described and shall be binding on and shall insure to the benefit of all parties having or acquiring any right, title or interest in the High Mesa Parcel. 7. Entire Agreement: This Agreement contains the entire understanding of the parties hereto. There are no representations, warranties, covenants or understandings other than those expressly set forth herein. This Agreement may not be modified or amended except in writing signed by the parties hereto. 8. Captions: The captions in this Agreement are for convenience only and shall not be considered a part of or affect the construction or interpretation of any provision contained herein. The rights herein granted may be assigned in whole and the terms, conditions and provisions hereof shall extend to and be binding upon the heirs, executors, administers personal representatives, successors and/or assigns, of the parties hereto. Parties to the Service Agreement shall not release, spill, store or dispose of (collectively “Release”) any hazardous substances, petroleum products or any pollutants or substances of whatever nature defined as hazardous or toxic in any applicable federal, state, or local laws or regulations (Hazardous Substances”) in, on, or about the Easement in violation of any applicable federal, state, or local laws or regulations or in any unsafe manner. The provisions of this Section shall survive the expiration or termination of this Easement. It is mutually agreed and understood that this Agreement, as written, covers all agreements and stipulations between the said parties, and no representations or statements, oral or written, have been made modifying, adding to, or changing the terms of hereof. Blanket Easement and Agreement 3 IN TESTIMONY WHEREOF, all Parties, herein have executed this conveyance this _____ day of ____________________, 2009. High Mesa Partners, LLC __________________________________ Robert Graham, Manager STATE OF ______ COUNTY OF This instrument was acknowledged before me on the _____ day of ________________, 2009 before me, a notary public, in and for said county and state, personally came the above- named ____________________________________________________, ____________________________________________________, ____________________________________________________, who are personally known to me and known to me to be the identical persons whose name are affixed to the above instrument to be their voluntary act and deed. IN WITNESS WHEREOF I have hereunto set my hand and affixed my notary seal the day and year above written. My Commission Expires: _______________ Notary Public in and for The State of ___________________ Blanket Easement and Agreement 4 EXHIBIT “A” UTILITY, INFRASTRUCTURE, AND MAINTENANCE EASEMENT A PARCEL OF LAND BEING PREVIOUSLY DESCRIBED IN A QUITCLAIM DEED RECORDED AT THE GARFIELD COUNTY CLERK AND RECORDERS OFFICE AS RECEPTION NO. 759300, FOR THE PURPOSE OF A BLANKET EASEMENT TO INCLUDE UTILITIES, INFRASTRUCTURE, AND MAINTENANCE SITUATE IN THE S1/2 OF SECTION 24, TOWNSHIP 7 SOUTH, RANGE 96 WEST, AND THE NW1/4SW1/4 OF SECTION 19, TOWNSHIP 7 SOUTH, RANGE 95 WEST OF THE SIXTH PRINCIPAL MERIDIAN, SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER SOUTH 1/16 CORNER OF SAID SECTION 24, A 3 1/4" BLM ALUMINUM CAP IN PLACE; THENCE N88°39'44"E 1882.31 FEET TO A POINT ON THE SOUTHERLY LINE OF THE N1/2SE1/4 OF SAID SECTION 24, THE TRUE POINT OF BEGINNING; THENCE DEPARTING SAID SOUTHERLY LINE N00°03'02"W 960.40 FEET; THENCE N89°15'10"E 1664.00 FEET; THENCE S00°03'02"E 970.32 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID NW1/4SW1/4 OF SECTION 19; THENCE N89°36'59"W ALONG SAID SOUTHERLY LINE 901.03 FEET TO THE SOUTH 1/16 CORNER OF SECTION 24 AND SECTION 19, A 3 1/4" BLM ALUMINUM CAP IN PLACE; THENCE S88°39'44"W 763.06 FEET ALONG THE SOUTHERLY LINE OF SAID NE1/4SE1/4 OF SECTION 24 TO THE POINT OF BEGINNING. SAID PARCEL OF LAND CONTAINING 36.637 ACRES, MORE OR LESS.