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Home My WebLink AboutEasement Deed & AgreementEASEMENT DEED AND AGREEMENT August This Easement Deed and Agreement (the "Agreement"), dated and delivered this 13th day ofd 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. Piimow. 2. The Easement shall provide Grantee and the eneral public with access to and from Grantee's property located in Section 8, T. 7 S., R. 95 W., 6 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. 1 Easement Deed and Agreement 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 pede,itrian, 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. Basement Aopurienant. 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. Bindinv Effect. 10. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. Reco rd in 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 iperinten'ent GRANTEE: BATTLEMENT MESA LAND INVESTMENTS PARCEL 2, LLC, a Colorado limited liability company and BATTLEMENT MESA LAND INVESTMENTS PARCEL 6, LLC, a Coloradyj ited liability company. By: h-ixed Agent COMMUNITY HI i DINGS WEST, INC., a Colorado corporation By: 0E, --Presider � A 4 W� is Q.,�►,�: ) ss The above and foregoing document was acknowledged before me this /<-/ day of 2013, by kr,_ OP- Superintendent for Garfield County School District No. 16, a Colorado school district and political subdivision of the State of Colorado. STATE OF COLORADO COUNTY OF GARFIELD Witness my hand and official seal. My commission expires: STATE OF COLORADO COUNTY OF GARFIELD Easement Deed and Agreement f ►.. —i ISL 1(1 r, F A� ) ss ) Notary Public 7 NAOMI MARIE L IDLAW NOTARY PUBLIC STATE OF COLORADO NOTARY ID #19974004413 My Commission Expires March 10, 2017 3 The above and foregoing document was acknowledged before me this 1 5 +h day of M �� 2013, by 132x c. 6 c.h4,�9r 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 to J ttj 71,1 My Commission Expires 0611112015 The above and foregoing docuin t c a ck' Dawle ed before me this j 5 -14 -day of�3trlyt, 2013 A. by (1:6 `jc , �t of uo�nity Holdings West, Inc., a Colorado corporation. Witness my hand and official seal. My commission expires: Easement Deed and Agreement Notary Public 1 ') 4 My Commission Expires 0811112015 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 524°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°55'43"W 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°0915" and subtending a chord bearing of S42°39'43"E a distance of 36.01 feet to a paint along the Northerly Right of Way line for Sippre€le 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"1= 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 ora 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. • GRAPHIC SCALE \ _ v. -40 4:.14 101 pc; Legend - 0 49„9 ma.9 c. -4I 1 .9. 01aw' Sipprelle Drive . Rei_ No 034109-• m•ra'1. % y4 o4.•. /5 .tips •moi.. phi. 54~. 0..97 - r411*W t CLAW arasE • • • rws tow lament ow ra .e ..vitt N/41' !04 J 949541 ' MOPIMMO 2997 +y'•-•• AS °1 •c fes.. «fw O'14t8 Vy r SNLniry2 mpfs Jr, .r 1459 -ltlr ma :radio AM a, ors icamra .row 4p • „,C 247.9. 5548.8,9 484.1,::2. raw 4 19444 429'4' 6 SCHMUESER 1 GORDON 1 MEYER q9.1 . •Pay,- l�lee6'l/gl r..R,AI96,. • woe 9.81 .,... - =';1 ••r awww- Raw SCHMUESER GORDON MEYER I B 10 Oro S,9[ET, SURE 20O GLENWOOD Sem,g, DOLORnoo B 1801 .9701 945-1004 FAX 19701 995.5968 ASPEN. COLORADO !9101 043-8757 [- CRE52o BunCO (9701 369-53535 5 i �• " d 9774 n 09+1. ,,) • 414 k ce.. e. r, School Parcel Battlement Mesa • Exhibit Map School Parcel Battlement Mesa PUD Garfield County, CO I..r....r rms., seia an'ar"wm. em • 6'44.4-9, n�.�w.. 429.79 are � • ra Mro wFr.wWWW rw.. 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'51.8• ri}: 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 ata 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 279A0 feet; thence 882°55'19"E a distance of 44 28 feet; thence S08°46'47"W a distance of 418.88 feet; thence S8314'47"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.