HomeMy WebLinkAbout11.0 Easement AgreementSPACE ABOVE THIS LINE FOR RECORDER'S USE
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (this "Agreement") is made and entered into as of
October , 2018, by TED P. DIAMANDOPOULOS AND NANCY J. KUHN (together,
"Grantor"), and MARTIN WHITE AND SHARON WHITE (together "Grantee").
RECITALS
A. Grantee is the owner of certain real estate located in Garfield County, Colorado,
known as Homestead 13, Panorama Ranches Subdivision, as more particularly described on
Exhibit A attached hereto ("Homestead 13").
B. Grantor is the owner of certain real estate located in Garfield County, Colorado,
known as Homestead 53, Panorama Ranches Subdivision, as more particularly described on
Exhibit B attached hereto ("Homestead 53").
C. Grantor has agreed to provide Grantee with an easement for access to Homestead
13 and to construct, maintain and use a driveway and related improvements across a portion of
Homestead 53, all in accordance with the terms and conditions of this Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the covenants and agreements set forth herein,
and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, Grantor and Grantee agree as follows:
1. Grant of Easement. Grantor hereby grants to Grantee for the benefit of Homestead 13 a
perpetual, non-exclusive easement over, under, through and across the area marked "Access
Area" on the Panorama Ranches Subdivision Amended Final Plat of Homestead 13 attached
hereto as Exhibit C and located on Homestead 53 between the south boundary of Buck Point
Road and the north boundary of Homestead 13 (the "Easement Area"). Grantee shall have the
right to use the Easement Area for (i) permanent vehicular and pedestrian access between
Homestead 13 and Buck Point Road; and (ii) for the construction, maintenance, use, repair and
replacement of an improved or unimproved driveway serving Homestead 13 (the "Driveway").
Grantee shall be responsible, at Grantee's expense, for all maintenance, repair, replacement and
improvement of the Driveway as may be required or desired by Grantee.
2. Indemnification. Grantee shall indemnify, defend (including reasonable attorneys' fees
and costs) and hold Grantor harmless from and against any and all claims, demands, causes of
action, liabilities, damages, losses, costs or expenses of any kind or nature (including without
limitation those involving death, personal injury or property damage) arising out of or related to
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the use or enjoyment of the Driveway and/or Easement Area by Grantee and any guests or
invitees of Grantee.
3. Run with the Land. The terms and provisions of this Agreement and all easement rights
granted hereunder shall run with title to Homestead 13 and Homestead 53. This Agreement shall
be recorded in the real property records of Garfield County, Colorado.
4. Counterparts. This Agreement may be signed in counterparts and all of which, when
taken together, shall constitute one instrument.
IN WITNESS WHEREOF, this Agreement is executed as of the day and year first
above written.
STATE OF COLORADO
) ss.
COUNTY OF PITKIN
Grantor:
Ted P. Diamandopoulos
Nancy J. Kuhn
The foregoing instrument was acknowledged before me this day of October 2018, by
Ted P. Diamandopoulos and Nancy J. Kuhn.
My commission expires:
Notary Public
[Signatures Continued on Following Page]
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Grantee:
Martin White
Sharon White
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this day of October 2018, by
Martin White and Sharon White.
My commission expires:
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Notary Public
EXHIBIT A
Description of Homestead 13
Commencing at the Northeast corner of Section 17, Township 7 South, Range 87 West of the Sixth Principal Meridian;
thence South 55°33'13" West 1001.90 feet to the Northwest corner of said Homestead 413, THE TRUE POINT OF
BEGINNING; thence South 11°16'18" West 1021.60 feet to the Southwest corner of said Homestead and a point on the
Northerly right-of-way line of Panorama Drive; thence North 55°16'00" East along said right-of-way line and Southerly
line of said Homestead 300.99 feet; thence along said right-of-way line and said Southerly line along the arc of a curve to
the right having a radius of 540.30 feet and a central angle of 15°5424" a distance of 150.00 feet (chord bears North
63°13'12" East 149.52 feet) to the southeast corner of said Homestead; thence North 06°39'25" West 391.86 feet; thence
North 30°24'31" East 423.10 feet to the Northeast corner of said Homestead; thence North 88°32'17" West 350.00 feet to
the True Point of Beginning.
Garfield County
State of Colorado
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EXHIBIT B
Description of Homestead 53
HOMESTEAD 53 PANORAMA RANCHES SUBDIVISION, ACCORDING TO THE FIRST AMENDED PLAT RECORDED
DECEMBER 29, 1982 AS RECEPTION NO. 335560, SITUATED IN SECTION 17, TOWNSHIP 7 SOUTH, RANGE 87
WEST OF THE 6TH P.M., COUNTY OF GARFIELD, STATE OF COLORADO.
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EXHIBIT C
Panorama Ranches Subdivision Amended Final Plat of Homestead 13
[see attached]
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