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Waste Water Access and Utility Easement and Agreement 1
WASTE WATER ACCESS AND UTILITY EASEMENT AND AGREEMENT
This Easement Agreement (the”Agreement”) is made and effective this _____th day
of ____________________, 2009, by Daybreak Realty, LLC (“Daybreak”).
This agreement is made with reference to and in reliance upon the following facts:
A. Daybreak 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. Daybreak Grants a non-exclusive Easement for the purpose of a Waste Water
Access and Utility Easement (Easement) said easement being more
particularly described in Exhibit “B” WASTE WATER ACCESS AND
UTILITY 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 and dedicated for the sole use of providing Water and
Waste Water Treatment Services to High Mesa Partners, LLC (High Mesa) as
described in Service Agreement by and between Daybreak and High Mesa.
2. Reservations of Easement: Daybreak hereby reserves the right to use said Easement
in any manner that will not prevent or interfere with the reservations of said Easement
hereunder, provided, however, that Daybreak shall not construct, nor permit to be
constructed, any house, building, permanent improvements, or unreasonable
obstructions within said Easement.
3. Relocation of Easement:
a. Daybreak, it’s successors and/or assigns may relocate said Easement in order
to take into account the natural topography of the Parcel and any
improvements thereon.
b. In the event that Daybreak relocates said Easement, a modification of said
easement shall be executed and record in the real property records of Garfield
County, Colorado describing the revised location of said Easement.
4. Use of Easement:
a. Daybreak, 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.
Waste Water Access and Utility Easement and Agreement 2
d. All such activities shall be performed at the sole cost and expense of
Daybreak, 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 Daybreak, it’s
successors and/or assigns, heirs and personal representatives.
f. Upon completion of construction of said Waste Water Access and Utility
Easement, easement may be used by Daybreak as ingress/egress for:
i. Continued maintenance and repairs of said Easement.
ii. May be accessed by High Mesa, it’s successors and/or assigns for
repair and maintenance as per Service Agreement between Daybreak
and High Mesa for same.
5. 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.
6. 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.
7. 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 Daybreak Parcel.
8. 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.
9. 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.
Daybreak agrees to bury any and all utilities associated with said Easement to a sufficient
depth so as not to interfere with cultivation of soil and to pay any damages which may arise
to growing crops and fences from the construction, maintenance and operation of said
Easement constructed under the terms of this Agreement. Daybreak intends to cultivate and
irrigate the lands along and within the Easement.
Waste Water Access and Utility Easement and Agreement 3
Daybreak further agrees to install 12-foot steel gates at all fence crossings and to grade
existing access roads used to access construction areas before, during and upon completion of
construction.
Daybreak 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.
Daybreak shall keep in good order and repair the Waste Water Access and Utility Easement
and related fixtures and shall keep the Easement free from any and all liens for material and
labor.
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.
IN TESTIMONY WHEREOF, all Parties, herein have executed this conveyance this _____
day of ____________________, 2009.
Waste Water Access and Utility Easement and Agreement 4
Daybreak Realty, 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 ___________________
Waste Water Access and Utility Easement and Agreement 5
EXHIBIT “A”
DAYBREAK REALTY PARCEL
A PARCEL OF LAND SITUATED IN SECTIONS 19 AND 30, TOWNSHIP 7 SOUTH,
RANGE 95 WEST AND IN SECTIONS 25 AND 36, TOWNSHIP 7 SOUTH, RANGE 96
WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF
COLORADO. SAID PARCEL OF LAND BEING A PORTION OF A PARCEL OF LAND
PREVIOUSLY DESCRIBED IN BOOK 1248, PAGE 543 AS FILED WITH THE GARFIELD
COUNTY CLERK AND RECORDER'S OFFICE AND NOW BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE WEST 1/4 CORNER OF SAID SECTION 19, A 3" BRASS CAP LS
NO. 12770 IN PLACE;
THENCE N89°41'05"E 1266.57 FEET ALONG THE CENTERLINE OF SAID SECTION 19
TO THE C-W1/16 CORNER OF SAID SECTION 19;
THENCE N89°41'58"E 1327.91 FEET ALONG THE CENTERLINE OF SAID SECTION 19
TO THE C1/4 CORNER OF SAID SECTION 19;
THENCE N89°41'33"E 1317.77 FEET ALONG THE CENTERLINE OF SAID SECTION 19
TO THE C-E1/16 CORNER OF SAID SECTION 19;
THENCE S01°23'15"E 1369.29 FEET ALONG THE EASTERLY LINE OF THE NW1/4SE1/4
TO THE SE1/16 OF SAID SECTION 19;
THENCE S01°23'15"E 1369.29 FEET ALONG THE EASTERLY LINE OF THE SW1/4SE1/4
OF SAID SECTION 19 TO THE E1/16 CORNER OF SAID SECTION 19; THENCE
N89°01'56"W 67.48 FEET ALONG THE SOUTHERLY LINE OF SAID SECTION 19 TO THE
E1/16 CORNER OF SAID SECTION 30;
THENCE S00°01'32"E 1282.91 FEET ALONG THE EASTERLY LINE OF THE NW1/4NE1/4
BEING GLO LOT 4 OF SAID SECTION 30 TO THE NE1/16 CORNER OF SAID SECTION
30;
THENCE S00°01'32"E 1307.09 FEET ALONG THE EASTERLY LINE OF THE SW1/4NE1/4
OF SAID SECTION 30 TO THE C-E1/16 CORNER OF SAID SECTION 30;
THENCE N89°43'04"W 1314.26 FEET ALONG THE CENTERLINE OF SAID SECTION 30
TO THE C1/4 CORNER OF SAID SECTION 30;
THENCE S00°06'29"E 1322.30 FEET ALONG THE CENTERLINE OF SAID SECTION 30
TO THE C-S1/16 CORNER OF SAID SECTION 30;
THENCE N89°39'46"W 1317.65 FEET ALONG THE SOUTHERLY LINE OF THE
NE1/4SW1/4 OF SAID SECTION 30 TO THE SW1/16 CORNER OF SAID SECTION 30;
THENCE N89°39'46"W 1252.60 FEET ALONG THE SOUTHERLY LINE OF THE
NW1/4SW1/4 BEING GLO LOT 8 OF SAID SECTION 30 TO THE S1/16 CORNER OF
SAID SECTION 30 SAID POINT BEING ON THE EASTERLY LINE OF SAID SECTION 25;
THENCE S00°52'37"E 1268.09 FEET ALONG THE EASTERLY LINE OF SAID SECTION
25 TO THE SE CORNER OF SAID SECTION 25, SAID POINT ALSO BEING THE NE
CORNER OF SAID SECTION 36;
THENCE S00°55'44"W 53.27 FEET ALONG THE EASTERLY LINE OF SAID SECTION 36
TO THE SW CORNER OF SAID SECTION 30;
THENCE S00°08'33"W 1272.71 FEET ALONG THE EASTERLY LINE OF SAID SECTION
36 TO THE N1/16 CORNER OF SAID SECTION 36;
THENCE S89°05'43"W 1345.45 FEET ALONG THE SOUTHERLY LINE OF THE
NE1/4NE1/4 OF SAID SECTION 36 TO THE NE1/16 CORNER OF SAID SECTION 36;
THENCE S89°05'43"W 1345.45 FEET ALONG THE SOUTHERLY LINE OF THE
NW1/4NE1/4 OF SAID SECTION 36 TO THE C-N1/16 CORNER OF SAID SECTION 36;
THENCE N00°00'42"E 1335.54 FEET ALONG THE CENTERLINE OF SAID SECTION 36
TO THE 1/4 CORNER OF SAID SECTION 36 AND SECTION 25; THENCE N00°20'11"E
Waste Water Access and Utility Easement and Agreement 6
1305.99 FEET ALONG THE CENTERLINE OF SAID SECTION 25 TO THE C-S1/16
CORNER OF SAID SECTION 25;
THENCE N88°55'36"E 1334.04 FEET ALONG THE NORTHERLY LINE OF THE
SW1/4SE1/4 OF SAID SECTION 25 TO THE SE1/16 CORNER OF SAID SECTION 25;
THENCE N88°55'36"E 1334.04 FEET ALONG THE NORTHERLY LINE OF THE
SE1/4SE1/4 OF SAID SECTION 25 TO THE S1/16 CORNER OF SAID SECTION 25, SAID
POINT ALSO BEING ON THE WESTERLY LINE OF SAID SECTION 30; THENCE
N00°54'14"W 1264.99 FEET ALONG THE WESTERLY LINE OF SAID SECTION 30 TO
THE W1/4 CORNER OF SAID SECTION 30;
THENCE N00°02'56"E 57.16 FEET ALONG THE WESTERLY LINE OF SAID SECTION 30
TO THE E1/4 CORNER OF SAID SECTION 25;
THENCE N00°11'03"W 1263.65 FEET ALONG THE WESTERLY LINE OF SAID SECTION
30 TO THE N1/16 CORNER OF SAID SECTION 30;
THENCE S89°23'13"E, 1271.44 FEET ALONG THE NORTHERLY LINE OF THE
SW1/4NW1/4 BEING GLO LOT 7 OF SAID SECTION 30 TO THE NW1/16 CORNER OF
SAID SECTION 30;
THENCE N00°07'46"W 1310.67 FEET ALONG THE WESTERLY LINE OF THE
NE1/4NW1/4 BEING GLO LOT 5 OF SAID SECTION 30 TO THE W1/16 CORNER OF
SAID SECTION 30;
THENCE S86°58'37"E 10.87 FEET ALONG THE NORTHERLY LINE OF SAID SECTION
30 TO THE W1/16 CORNER OF SAID SECTION 19;
THENCE N00°23'43"W 1337.86 FEET ALONG THE WESTERLY LINE OF THE
SE1/4SW1/4 OF SAID SECTION 19 TO THE SW1/16 CORNER OF SAID SECTION 19;
THENCE N89°36'59"W 374.50 FEET ALONG THE SOUTHERLY LINE OF THE
NW1/4SW1/4 OF SAID SECTION 19;
THENCE DEPARTING SAID SOUTHERLY LINE N00°03'02"W 970.32 FEET; THENCE
S89°15'10"W 901.08 FEET TO THE WESTERLY LINE OF THE NW1/4SW1/4 OF SAID
SECTION 19;
THENCE N00°03'02"W ALONG SAID WESTERLY LINE 370.21 FEET TO THE POINT OF
BEGINNING.
Waste Water Access and Utility Easement and Agreement 7
EXHIBIT “B”
WASTE WATER ACCESS AND UTILITY EASEMENT
A PARCEL OF LAND FOR THE PURPOSE OF A WASTE WATER ACCESS AND
UTILITY EASEMENT SITUATE IN THE NW1/4SW1/4 OF SECTION 19, TOWNSHIP 7
SOUTH, RANGE 95 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF
GARFIELD, STATE OF COLORADO. ALL BEARINGS RELATIVE TO A BEARING OF
N89°41’05”E BETWEEN THE WEST 1/4 CORNER OF SAID SECTION 19, A 3” BRASS
CAP LS NO. 12770 IN PLACE AND THE CENTER WEST 1/16 CORNER OF SAID
SECTION 19, A 3-1/4” BLM ALUMINUM CAP IN PLACE. SAID PARCEL OF LAND
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE WEST 1/4 CORNER OF SAID SECTION 19, A 3” BRASS CAP
LS NO. 12770 IN PLACE;
THENCE S41°42’44”E 249.05 FEET TO THE TRUE POINT OF BEGINNING;
THENCE N90°00’00”E 64.51 FEET;
THENCE N10°21’36”E 59.29 FEET;
THENCE S79°38’24”E 10.00 FEET;
THENCE S10°21’36”W 57.46 FEET;
THENCE N90°00’00”E 25.33 FEET;
THENCE S00°00’00”E 100.00 FEET;
THENCE N90°00’00”W 35.48 FEET;
THENCE S13°44’31”E 45.64 FEET;
THENCE S82°17’20”W 124.02 FEET;
THENCE S12°50’12”E 22.27 FEET TO A POINT ON THE NORTHERLY LINE OF A
PARCEL OF LAND DESCRIBED IN RECEPTION NO. 759300 RECORDED AT THE
GARFIELD COUNTY CLERK AND RECORDERS OFFICE;
THENCE ALONG SAID NORTHERLY LINE S89°15’10”W 102.03 FEET;
THENCE DEPARTING SAID NORTHERLY LINE N51°22’12”E 77.49 FEET;
THENCE N82°17’20”E 123.50 FEET;
THENCE N13°44’31”W 19.64 FEET;
THENCE N90°00’00”W 33.64 FEET;
THENCE N00°00’00”E 100.00 FEET TO THE POINT OF BEGINNING. SAID PARCEL
OF LAND CONTAINING 0.414 ACRES, MORE OR LESS.