HomeMy WebLinkAboutZAAPP-~1
Emergency Access and Utility Easement Agreement 1
EMERGENCY ACCESS AND UTILITY EASEMENT AGREEMENT
This Easement Agreement (the”Agreement”) is made and effective this _____th day
of ____________________, 2009, by and between James Eugene Speakman and Monique
Teresa Speakman (collectively “Speakman”), Daybreak Realty, LLC (“Daybreak”) and High
Mesa Partners, LLC (High Mesa),
This agreement is made with reference to and in reliance upon the following facts:
A. Speakman is the owner of certain real property located in Garfield County,
Colorado more particularly described on Exhibit “A” SPEAKMAN PARCEL
attached hereto and made a part hereof; and
B. Daybreak Realty is the owner of certain real property located in Garfield County,
Colorado more particularly described on Exhibit “B” DAYBREAK PARCEL
attached hereto and made a part hereof; and
C. High Mesa Partners is the owner of certain real property located in Garfield
County, Colorado more particularly described on Exhibit “C” HIGH MESA
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. Speakman Grants a non-exclusive Easement Twenty (20) feet in width for the
purpose of an Emergency Access Road and Utility Easement said easement
being more particularly described in Exhibit “D” attached hereto and made a
part hereof for the purpose of ingress and egress to the Daybreak Parcel, it’s
successors and/or assigns, heirs and personal representatives and High Mesa
Parcel, it’s successors and/or assigns, heirs and personal representatives for
the installation, maintenance, repair and service of underground utilities and
Emergency Access to the High Mesa Parcel as described in Exhibit “C” and
Daybreak Parcel as described in Exhibit “B”.
b. Daybreak Grants a non-exclusive Easement Sixty (60) feet in width for the
purpose of an Emergency Access Road and Utility Easement said easement
being more particularly described in Exhibit “E” attached hereto and made a
part hereof for the purpose of ingress and egress to the High Mesa Parcel, it’s
successors and/or assigns, and heirs for the installation, maintenance, repair
and service of underground utilities and Emergency Access to the High Mesa
Parcel
2. Reservations of Easement: Speakman and Daybreak hereby reserves the right to
use the Easement in any manner that will not prevent or interfere with the exercise by
High Mesa of its rights hereunder, provided, however, that Speakman and Daybreak
shall not construct, nor permit to be constructed, any house, building, permanent
improvements, or unreasonable obstructions within the Easement, without the express
prior consent of High Mesa which shall not be unreasonably withheld.
3. Relocation of Easement:
Emergency Access and Utility Easement Agreement 2
a. The parties hereby agree that the parties may relocate such Easement in order
to take into account the natural topography of the Speakman and Daybreak
Parcels and any improvements thereon, subject to the mutual consent of
Speakman and Daybreak and their respective successors and/or assigns.
b. In the event that Speakman and Daybreak agree to relocate the Easement, said
parties shall execute and record in the real property records of Garfield
County, Colorado a modification of this Agreement describing the revised
location of the Easement.
4. Use of Easement:
a. High Mesa, it’s successors and/or assigns, heirs and personal representatives
and Daybreak, it’s successors and/or assigns, heirs and personal
representatives agree to undertake all activities performed in connection with
the 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 High
Mesa, 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 High Mesa, it’s
successors and/or assigns, heirs and personal representatives.
f. Upon completion of Emergency Access Road construction, road may be used
by Speakman, Daybreak and High Mesa as ingress/egress for:
i. Continued maintenance and repairs of said road and underground
utilities and,
ii. As Emergency Access by Garfield County Public Emergency
Services.
5. Maintenance: The parties, Speakman, Daybreak and High Mesa, their successors
and/or assigns, heirs and personal representatives respectively agree to maintain the
easement in accordance with the Emergency Road Maintenance 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. High Mesa Partners, LLC, 400 Panamint Road, Reno NV 89521
b. Daybreak Realty, LLC, 400 Panamint Road, Reno NV 89521
c. Eugene Speakman, 5242 County Road 300, Parachute, CO 81635
Any party to this Agreement, their successors and/or assigns, may designate or
change their address for purposes of this Agreement by giving notice as set forth
above.
7. Indemnities: High Mesa, it’s successors and/or assigns, heirs and personal
representatives agree to protect, indemnify and hold harmless Speakman and/or
Emergency Access and Utility Easement Agreement 3
Daybreak, their successors and/or assigns, heirs and personal representatives from
and against any loss, damage, claim or defense, against any and all suits, claims,
demands, expenses, losses, liabilities or damage of any kind or nature, including
reasonable attorney’s fees and costs, arising directly or indirectly out of any claim or
third parties asserted against Speakman and/or Daybreak their successors and/or
assigns, heirs and personal representatives
a. Attributable to any conduct of High Mesa it’s successors and/or assigns, heirs
and personal representatives arising from their use of the Easement
b. Relating to the use of High Mesa it’s successors and/or assigns, heirs and
personal representatives and their respective invitees, guests, contractors or
subcontractors whether authorized or not authorized,
c. For claims arising from use of the Easement due to personal injuries or
property damage caused by High Mesa it’s successors and/or assigns, heirs
and personal representatives and their respective invitees and guests,
contractors or subcontractors, or
d. Due to mechanic’s liens created by conduct or acts of High Mesa it’s
successors and/or assigns, heirs and personal representatives.
8. 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 Speakman and Daybreak Parcels.
9. 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.
10. 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.
11. Attorney’s Fees: In the event of litigation to enforce this Agreement, the prevailing
party shall be entitled to an award of such party’s attorney’s fees and expenses should
the court determine that the non-prevailing part acted in a manner inconsistent with a
high degree of comity.
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.
High Mesa agrees to bury all utilities 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 utilities and access road constructed under the
terms of this Agreement. High Mesa understands that Speakman and Daybreak intend to
cultivate and irrigate the lands along and within the Easement. The consideration received
for this Easement includes payment for the normal damages caused by the initial construction
of the utilities and access road and temporary use of existing private roads to access the
Easement.
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.
Emergency Access and Utility Easement Agreement 4
High Mesa further agrees not to change the grade, remove dirt from the surface of the
easement or impound water over the easement without prior written approval of Speakman
and Daybreak which shall not be unreasonably withheld.
High Mesa grants to Speakman and Daybreak a right to use any and all easements crossing
any property for purposes of access to the Speakman Property and Daybreak properties.
High Mesa 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 Speakman and Daybreak Properties in violation of any
applicable federal, state, or local laws or regulations or in any unsafe manner. High Mesa
shall indemnify, hold harmless, and defend Speakman and Daybreak from any and all claims,
liabilities, losses, damages, cleanup costs, and expenses (including reasonable attorneys fees)
arising out of or in any way related to the release by High Mesa. The provisions of this
Section shall survive the expiration or termination of this Easement.
After initial construction, High Mesa shall seek the advice and consent of Speakman and
Daybreak before any subsequent construction. High Mesa shall keep in good order and
repair the Emergency Access Road and Utility Easement and related fixtures and shall keep
the Speakman Property and Daybreak properties free from any and all liens for material and
labor. High Mesa shall not perform any nuisances or menaces about the property.
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.
Emergency Access and Utility Easement Agreement 5
James Eugene Speakman and Monique Teresa Speakman
_________________________________
James Eugene Speakman
_________________________________
Monique Teresa Speakman
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 ___________________
Emergency Access and Utility Easement Agreement 6
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 ___________________
Emergency Access and Utility Easement Agreement 7
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 ___________________
Emergency Access and Utility Easement Agreement 8
EXHIBIT “A”
SPEAKMAN PARCEL DESCRIPTION
A PARCEL OF LAND SITUATE IN THE S1/2 SECTION 24, TOWNSHIP 7 SOUTH, RANGE
96 WEST OF THE 6TH P.M., COUNTY OF GARFIELD, STATE OF COLORADO. SAID
PARCEL OF LAND BEING A PORTION OF A PARCEL OF LAND PREVIOUSLY
DESCRIBED IN BOOK 1248, PAGE 571 AS FILED WITH THE GARFIELD COUNTY
CLERK AND RECORDER’S OFFICE AND NOW BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
SECTION 24: N1/2SE1/4, AND THAT PORTION OF THE NE1/4SW1/4 LYING SOUTH OF
GARFIELD COUNTY ROAD NO. 300, TOWNSHIP 7 SOUTH, RANGE 96 WEST OF THE
6TH P.M., COUNTY OF GARFIELD, STATE OF COLORADO
LESS AND EXCEPT A PARCEL OF LAND SITUATE IN THE NE1/4SE1/4 OF SAID
SECTION 24 BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTER SOUTH 1/16 CORNER OF SAID SECTION 24, A 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 762.92 FEET TO A POINT ON THE EASTERLY LINE OF THE
N1/2SE1/4 OF SAID SECTION 24;
THENCE S00°03'02'E ALONG SAID EASTERLY LINE 952.55 FEET TO THE SOUTH 1/16
CORNER OF SECTION 24 AND SECTION 19, A 3" BLM ALUMINUM CAP IN PLACE;
THENCE S88°39'44"W ALONG THE SOUTHERLY LINE OF SAID N1/2SE1/4 A DISTANCE
OF 763.06 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL OF LAND
CONTAINING 16.751 ACRES, MORE OR LESS.
Emergency Access and Utility Easement Agreement 9
EXHIBIT “B”
DAYBREAK PARCEL DESCRIPTION
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;
Emergency Access and Utility Easement Agreement 10
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
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.
Emergency Access and Utility Easement Agreement 11
EXHIBIT “C”
HIGH MESA PARCEL DESCRIPTION
A PARCEL OF LAND 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.
Emergency Access and Utility Easement Agreement 12
EXHIBIT “D”
“20” ACCESS AND UTILITY EASEMENT – SPEAKMAN PARCEL
A STRIP OF LAND 20.00 FEET IN WIDTH FOR THE PURPOSE OF AN ACCESS AND
UTILITY EASEMENT, SITUATE IN SECTION 24, TOWNSHIP 7 SOUTH, RANGE 96
WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF
COLORADO, ALL BEARINGS RELATIVE TO A BEARING OF N88°50'42"E
BETWEEN THE CENTER 1/4 CORNER OF SAID SECTION 24, A 3-1/4" BLM
ALUMINUM CAP IN PLACE AND THE WEST 1/4 CORNER OF SECTION 19,
TOWNSHIP 7 SOUTH, RANGE 95 WEST OF THE 6TH PRINCIPAL MERIDIAN, A 3"
BRASS CAP LS NO. 12770 IN PLACE, SAID STRIP OF LAND BEING 10.00 FEET TO
EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT SAID CENTER 1/4 CORNER;
THENCE N87°27'03"W 447.09 FEET TO THE TRUE POINT OF BEGINNING;
THENCE S09°33'05"W 33.56 FEET;
THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF
185.00 FEET, AN ARC LENGTH OF 100.14 FEET (CHORD BEARS S05°57'21"E 98.92
FEET);
THENCE S21°27'46"E 9.94 FEET;
THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF
185.00 FEET, AN ARC LENGTH OF 120.00 FEET (CHORD BEARS S40°02'41"E 117.90
FEET);
THENCE S58°37'36"E 35.30 FEET;
THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF
175.00 FEET, AN ARC LENGTH OF 144.29 FEET (CHORD BEARS S82°14'51"E 140.24
FEET);
THENCE N74°07'54"E 106.72 FEET;
THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF
150.00 FEET, AN ARC LENGTH OF 96.75 FEET (CHORD BEARS S87°23'27"E 95.08
FEET);
THENCE S68°54'49"E 4.84 FEET;
THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF
178.00 FEET, AN ARC LENGTH OF 131.28 FEET (CHORD BEARS N89°57'27"E 128.33
FEET);
THENCE N68°49'44"E 69.52 FEET;
THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF
357.00 FEET, AN ARC LENGTH OF 77.53 FEET (CHORD BEARS N75°03'02"E 77.38
FEET);
THENCE N81°16'20"E 78.19 FEET;
THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF
185.00 FEET, AN ARC LENGTH OF 214.58 FEET (CHORD BEARS S65°29'59"E 202.75
FEET);
THENCE S32°16'18"E 34.52 FEET;
THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF
73.00 FEET, AN ARC LENGTH OF 114.83 FEET (CHORD BEARS S77°20'12"E 103.35
FEET);
Emergency Access and Utility Easement Agreement 13
THENCE N57°35'53"E 3.41 FEET; THENCE ALONG THE ARC OF A CURVE TO THE
RIGHT HAVING A RADIUS OF 207.00 FEET, AN ARC LENGTH OF 127.66 FEET
(CHORD BEARS N75°15'57"E 125.65 FEET);
THENCE S87°04'00"E 30.54 FEET;
THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF
243.00 FEET, AN ARC LENGTH OF 177.20 FEET (CHORD BEARS N72°02'33"E 173.30
FEET);
THENCE N51°09'06"E 52.96 FEET;
THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF
192.00 FEET, AN ARC LENGTH OF 175.44 FEET (CHORD BEARS N77°19'44"E 169.40
FEET);
THENCE S76°29'38"E 259.76 FEET; THENCE ALONG THE ARC OF A CURVE TO
THE LEFT HAVING A RADIUS OF 185.00 FEET, AN ARC LENGTH OF 30.23 FEET
(CHORD BEARS S81°10'31"E 30.20 FEET);
THENCE S85°51'24"E 140.88 FEET;
THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF
185.00 FEET, AN ARC LENGTH OF 30.59 FEET (CHORD BEARS S81°07'10"E 30.56
FEET);
THENCE S76°22'57"E 41.17 FEET;
THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF
178.00 FEET, AN ARC LENGTH OF 34.95 FEET (CHORD BEARS S82°00'24"E 34.89
FEET);
THENCE S87°37'52"E 109.48 FEET;
THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF
192.00 FEET, AN ARC LENGTH OF 37.84 FEET (CHORD BEARS S81°59'06"E 37.78
FEET);
THENCE S76°20'20"E 77.18 FEET;
THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF
178.00 FEET, AN ARC LENGTH OF 48.60 FEET (CHORD BEARS S84°09'39"E 48.45
FEET);
THENCE N88°01'02"E 69.52 FEET;
THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF
185.00 FEET, AN ARC LENGTH OF 55.59 FEET (CHORD BEARS N79°24'34"E 55.38
FEET);
THENCE N70°48'06"E 10.31 FEET;
THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF
100.00 FEET, AN ARC LENGTH OF 76.88 FEET (CHORD BEARS S87°10'21"E 75.00
FEET);
THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF
100.00 FEET, AN ARC LENGTH OF 63.85 FEET (CHORD BEARS S83°26'14"E 62.77
FEET);
THENCE N78°16'20"E 224.92 FEET;
THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF
100.00 FEET, AN ARC LENGTH OF 57.74 FEET (CHORD BEARS N61°43'56"E 56.94
FEET);
THENCE N45°11'33"E 16.20 FEET;
Emergency Access and Utility Easement Agreement 14
THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF
100.00 FEET, AN ARC LENGTH OF 64.25 FEET (CHORD BEARS N63°35'52"E 63.15
FEET);
THENCE N82°00'11"E 81.16 FEET TO A POINT ON THE EASTERLY LINE OF SAID
SECTION 24, THE POINT OF TERMINUS, SIDE LINES TO BE LENGTHENED OR
SHORTENED TO CLOSE WITH BOUNDARY LINES.
Emergency Access and Utility Easement Agreement 15
EXHIBIT “E”
60’ACCESS AND UTILITY EASEMENT
A STRIP OF LAND 60.00 FEET IN WIDTH FOR THE PURPOSE OF AN 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 STRIP OF LAND
BEING 30.00 FEET TO EACH SIDE OF THE FOLLOWING DESCRIBED
CENTERLINE:
COMMENCING AT THE WEST 1/4 CORNER OF SAID SECTION 19, A 3” BRASS CAP
LS NO. 12770 IN PLACE;
THENCE S00°03’02”E 201.15 FEET TO A POINT ON THE WESTERLY LINE OF SAID
NW1/4SW1/4, THE TRUE POINT OF BEGINNING;
THENCE DEPARTING SAID WESTERLY LINE AND ALONG SAID CENTERLINE
THE FOLLOWING SEVENTEEN (17) COURSES:
1.) THENCE N82°00’11”E 16.88 FEET;
2.) THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A
RADIUS OF 75 FEET, AN ARC LENGTH OF 38.32 FEET, CHORD BEARS
S83°21’39”E 37.90 FEET TO A POINT OF INTERSECTION, TO BE
DESCRIBED;
3.) THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A
RADIUS OF 75.00 FEET, AN ARC LENGTH OF 42.68 FEET, CHORD BEARS
S52°25’20”E 42.11 FEET;
4.) THENCE S36°07’11”E 30.06 FEET;
5.) THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS
OF 50.00 FEET, AN ARC LENGTH OF 17.03 FEET, CHORD BEARS
S45°52’28”E 16.94 FEET;
6.) THENCE S55°37’45”E 91.04 FEET;
7.) THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS
OF 100.00 FEET, AN ARC LENGTH OF 14.19 FEET, CHORD BEARS
S59°41’35”E 14.17 FEET;
8.) THENCE S63°45’24”E 50.62 FEET;
9.) THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS
OF 50.00 FEET, AN ARC LENGTH OF 34.47 FEET, CHORD BEARS
S83°30’31”E 33.79 FEET;
Emergency Access and Utility Easement Agreement 16
10.) THENCE N76°44’22”E 46.31 FEET
11.) THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS
OF 50.00 FEET, AN ARC LENGTH OF 32.17 FEET, CHORD BEARS
N58°18’37”E 31.61 FEET;
12.) THENCE N39°52’51”E 20.67 FEET;
13.) THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A
RADIUS OF 50.00 FEET, AN ARC LENGTH OF 12.87 FEET, CHORD BEARS
N47°15’21”E 12.84 FEET;
14.) THENCE N54°37’52”E 58.17 FEET;
15.) THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A
RADIUS OF 50.00 FEET, AN ARC LENGTH OF 81.51 FEET, CHORD BEARS
S78°39’59”E 72.78 FEET;
16.) THENCE S31°57’49”E 42.19 FEET;
17.) THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A
RADIUS OF 50.00 FEET, AN ARC LENGTH OF 51.36 FEET, CHORD BEARS
S02°32’02”E 49.14 FEET TO THE POINT OF TERMINUS, SIDELINES TO BE
LENGTHENED OR SHORTENED TO CLOSE WITH BOUNDARY LINES.
BEGINNING AT AFORE MENTIONED POINT OF INTERSECTION;
THENCE N21°16’30”E 20.63 FEET;
THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS
OF 50.00 FEET, AN ARC LENGTH OF 92.73 FEET, CHORD BEARS N74°24’24”E
80.00 FEET;
THENCE S52°27’43”E 38.51 FEET TO THE POINT OF TERMINUS. WHENCE SAID
CENTER WEST 1/16 CORNER OF SECTION 19 BEARS N80°01’37”E 1113.77
FEET. SIDELINES TO BE LENGTHENED OR SHORTENED TO CLOSE WITH
BOUNDARY LINES. SAID PARCEL OF LAND CONTAINING 1.126 ACRES,
MORE OR LESS.