HomeMy WebLinkAboutRecorded Easement Agreement907011 05/22/2018 11:00:19 AM Page 1 of 7
Jean Alberico, Garfield County, Colorado
Rec Fee: $43.00 Doc Fee: $0.00 eRecorded
EASEMENT AGREEMENT
This Easement Agreement (this "Agreement"), is made effective as of April 20, 2018,
by and between Norman Max Altenbern and Geraldine L. Altenbern, whose legal address is
13098 County Road 204, De Beque, Colorado 81630, and Leo R. Altenbern and Myrna Lea
Altenbern, whose legal address is 13100 County Road 204, De Beque, CO 81630 (collectively
"Grantors"), and Kevin C. Pittman and Jeana L. Pittman, as joint tenants ("Grantees"),
whose legal address is 13100 County Road 204, De Beque, Colorado 81630 in the County of
Garfield, State of Colorado.
RECITALS:
A. WHEREAS, Norman Max Altenbern and Geraldine L. Altenbern own, as joint
tenants, the real property described in the attached Exhibit A, which is incorporated
herein by this reference (hereinafter "Parcel A");
B. WHEREAS, Leo R. Altenbern and Myrna Lea Altenbern own, as joint tenants, the
real property described in the attached Exhibit B, which is incorporated herein by this
reference (hereinafter "Parcel B");
C. WHEREAS, Kevin C. Pittman and Jeana L. Pittman own, as joint tenants, the real
property described in the attached Exhibit C, which is incorporated herein by this
reference (hereinafter "Parcel C");
D. WHEREAS, for more than 20 years the owners of Parcel A and the owners of Parcel
B have accessed their respective parcels from County Road 204 by means of a
common access road which extends south from said County Road along or near the
common boundary between Parcel A and Parcel B (the "Access Road");
E. WHEREAS, approxinnatel�y 260 feet south of Corner No. 8 of Tract 99 in Township
6 South, Range 99 West, 6` P.M., said Access Road divides into separate driveways -
- one of which provides access to the residence and other structures on Parcel A, and
the other of which provides access to the residence and other structures on Parcel B
(the "Parcel B Driveway"); and
F. WHEREAS, Grantors desire to grant to Grantees a perpetual non-exclusive easement
to utilize the Access Road to provide access, ingress and egress to Parcel C, and the
owners of Parcel B desire to grant to Grantees a perpetual non-exclusive easement to
utilize the Parcel B Driveway to provide access, ingress and egress to Parcel C, and
the owners of Parcel B desire to grant to Grantees a further perpetual non-exclusive
easement on and over a portion of Parcel B in order that Grantees may construct a
private roadway from the Parcel B Driveway to the common boundary between
Parcel B and Parcel C and use such roadway (the "Driveway Extension"), together
with the Access Road and the Parcel B Driveway, in order to provide access, ingress
and egress to Parcel C to and from County Road 204. (Hereinafter, the Grantees' non-
exclusive easement to utilize the Access Road, the Grantees' non-exclusive easement
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907011 05/22/2018 11:00:19 AM Page 2 of 7
,Jean Alberico, Garfield County, Colorado
Rec Fee: $43.00 Doc Fee: $0.00 eRecorded
to utilize the Parcel B Driveway and the Grantees' further easement for the Driveway
Extension are sometimes collectively referred to as the "Easements.")
AGREEMENT
NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
the parties agree as follows:
I. The parties hereby acknowledge the accuracy of the Recitals, which are incorporated
herein.
2. The owners of Parcel A do hereby sell, convey and quitclaim to Grantees a perpetual,
non-exclusive easement to use the Access Road in order to provide access, ingress
and egress to Parcel C to and from County Road 204.
3. The owners of Parcel B do hereby sell, convey and quitclaim to Grantees a perpetual,
non-exclusive easement to use the Access Road and the Parcel B Driveway in order
to provide access, ingress and egress to Parcel C to and from County Road 204.
4. The owners of Parcel B do hereby sell, convey and quitclaim to Grantees the right to
construct, at a mutually agreed location. the Driveway Extension, and the continuing
right thereafter to operate, use, maintain and repair said Driveway Extension, as
constructed, in order to provide access, ingress and egress to Parcel C to and from
County Road 204.
5. All costs associated with the easement for the Driveway Extension, including
surveying, construction, repair, maintenance and snow removal shall be borne by
Grantees.
6. The Easements granted herein shall each be appurtenant to Grantees' property. shall
be binding upon the Grantors and the Grantees, and their respective successors and
assigns, shall inure to the benefit of Grantees' heirs, successors, assigns and personal
representatives, and shall constitute covenants running with the land.
7. The Easements granted herein are without warranty of title and are subject to all prior
liens, encumbrances, easements, restrictions, reservations and rights of' way affecting
Parcel A or Parcel B.
8. Nothing contained herein shall be a gift or dedication of any portion of Parcel A or
Parcel B to the general public or for any public purpose whatsoever, it being the
intentions of the parties hereto that this Agreement shall be strictly limited to and for
the purposes herein expressed.
IN WITNESS WHEREOF, each of the parties has executed this Easement Agreement,
effective as of the date first set forth above.
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907011 05/22/2018 11:00:19 AM Page 3 of 7
Jean Alberico, Garfield County, Colorado
Rec Fee: $43.00 Doc Fee: $0.00 eRecorded
L1114--/ Clete4111-.1-e--
Norman Max Altenbern
STATE OF COLORADO )
) ss.
COUNTY OF MESA )
Geraldine .. Altenbern
The foregoing instrument was acknowledged before me this n day of May, 2018, by
Norman Max Altenbern and Geraldine L. Altenbern.
Witness my hand and official seal.
MARIANN B. LAND
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID #20004021750
ay Commission Expires August 29, 2020
Leo R. Altenbern
STATE OF COLORADO
COUNTY OF GARFIELD
) ss.
1.410)W,
Notary Public
tAlAwN
11r14' na Lea Altenbern
The foregoing instrument was acknowledged before me this r\ 5 day of May, 2018, by
Leo R. Altenbern and Myrna Lea Altenbern..
Witness my hand and official seal.
My commission expires: %/22)
MARIANN B. LANDiNI
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID #20004021750
My Commission Expires August 29, 2020
i\i‘xmozwv,i,4\1,sttuz\mAx
3
Notary Public
907011 05/22/2018 11:00:19 AM Page 4 of 7
Jean Alberico, Garfield County, Colorado
'Rec Fee: $43.00 Doc Fee: $0.00 eRecorded
e„,
Kevin C. Pittman
STATE OF COLORADO )
)ss
COUNTY OF i�rlesq )
The foregoing instrument was acknowledged before me this '2:), day of May, 2018, by
Kevin C. Pittman.
Witness my hand and seal.
My commission expires: $/ag/2ssZp
MARIANN B. IIANDINI
NOTARY PUBLIC
STATE OF COLORADO
NOTARY r0 #20004021750
My Commission Expires Augus! 29, 2020
STATE OF COLORADO
COUNTY OFq$•.\
)ss
oec\c,w$L
Notary Public
--A
Je L. Pittman
The foregoing instrument was acknowledged before me this day of May, 2018, by
Jeana L. Pittman.
Witness my hand and seal.
My commission expires: %j / S 5
MARIANN B. LAND1NI
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID #20004021750
My anriissian Expires August 29, 2020
Notary Public
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907011 05/22/2018 11:00:19 AM Page 5 of 7
Jean Alberico, Garfield County, Colorado
Rec Fee: $43.00 Doc Fee: $0.00 eRecorded
A parcel of land situate in Tract 99, Township 6 South, Range 98 West and Township 6 South,
Range 99 West of the 6th Principal Meridian, Garfield County, Colorado, being more particularly
described as follows:
Commencing at Corner No. 7 of said Tract 99, being a General Land Office Survey (G.L.O.)
brass cap, the basis of bearing being S89°50'00"W to Corner No. 8 of said Tract 99, also being a
G.L.O. brass cap;
thence S89°50'00"W a distance of 1310.76 feet to said Corner No. 8;
thence S00°05'09"E a distance of 1316.19 feet to the south line of said Tract 99;
thence N90°00'00"E along said south line a distance of 1308.78 feet to Corner of No. 6 of said
Tract 99;
thence N00°00'00"E a distance of 1320.00 feet to said Corner No. 7 and the point of beginning.
The foregoing described portion of said Tract 99 v..as formerly described as the SW1/4 SW1/4,
or Lot 4, of Section 30, Township 6 South, Range 98 West, 6th P.M.
Said parcel contains 39.6 acres more or less.
Said parcel is also known by street and number as: 13098 County Road 204, De Beque, Colorado
81630, and as Tax Parcel No. 2167-303-00-026.
EXHIBIT
A
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907011 05/22/2018 11:00:19 AM Page 6 of 7
Jean Alberico, Garfield County, Colorado
Rec Fee: $43.00 Doc Fee: $0.00 eRecorded
A parcel of land situate in Tract 99, Township 6 South, Range 99 West of the 6th Principal
Meridian, Garfield County, Colorado, being more particularly described as follows:
Beginning at Comer 8 of said Tract 99, the basis of bearing being N89°48'44"W to Comer 3 of
said Tract 99;
thence S00°03'27"E a distance of 1322.20 feet to the south line of said Tract 99;
thence N89°51'31 "W a distance of 679.95 feet along said south line;
thence N00°31'37"W a distance of 2659.56 feet to the north line of said tract 99;
thence N89° 10'04"E a distance of 700.73 feet to Comer 1 of said Tract 99;
thence SO0°06'10"E a distance of 1349.11 feet to the point of beginning.
Said parcel contains 42.26 acres more or less.
Said Parcel is also known by street and number as: 13100 County Road 204, De Beque, Colorado
81630, and as Tax Parcel No. 2165-254-00-021.
EXHIBIT
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907011 05/22/2018 11:00:19 AM Page 7 of 7
Jean Alberico, Garfield County, Colorado
Rec Fee: $43.00 Doc Fee: $0.00 eRecorded
EXHIBIT C
A parcel of land situate in Tract 99, Township 6 South, Range 99 West of the 6th Principal
Meridian, Garfield County, Colorado, being more particularly described as follows:
Beginning at Comer 3 of said Tract 99, the basis of bearing being S89°48'44"E to
Corner 8 of said Tract 99;
thence N00°52'12"W a distance of 1325.50 feet to Corner 2, of said tract 99;
thence N89°10'04"E a distance of 637.19 feet along the north line of said Tract 99;
thence S00°31'37"E a distance of 2659.56 feet to the south line of said Tract 99;
thence N89°51'31 "W a distance of 639.96 feet along said south line;
thence N00°03'53"W a distance of 1323.27 feet to the point of beginning.
Said parcel contains 38.62 acres more or less.
Said parcel is also know by street and number as: none assigned (vacant land), and as Tax Parcel No.
2165-254-00-020.
EXHIBIT
C