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HomeMy WebLinkAboutEasement AgreementIUUOVVU UUI I IILUGV VJ.YY.J I r-IV1 r_C91 VI 1 Jacklyn K. Harman, Garfield County, Colorado Rec Fee: $43 00 Doc Fee: $0.00 eRecorded RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: Bames & Thornburg LLP 2029 Century Park East Suite 300 Los Angeles, CA 90067 Attn: Joseph D. Petruzzi r� co�.trl�hr+• EASEMENT AGREEMENT This ACCESS EASEMENT AGREEMENT ("Agreement"), dated for reference purposes as of June 16, 2025, is made by AIRPORT LAND PARTNERS LIMITED, a Colorado limited partnership ("Owner % and VANTAGE RIL LLC, a Delaware limited liability company ("Grantee'), on the other hand. Owner and Grantee shall individually be referred to herein as "RaKy" and collectively as "Parties." RECITALS A. Owner holds fee title to that certain real property located in Garfield County, Colorado, which is more particularly described on Exhibit A attached hereto and depicted on Exhibit B attached hereto B. Grantee intends to develop and construct a to -be dedicated public roadway ("Road&') that would provide direct access to the Rifle Garfield County Airport ("Airport") from Airport Road. C. This Agreement is made with the intent of the parties that this Agreement shall bind Grantee, Owner, each successive owner of the Land (or any portion thereof), and any assignee of Grantee, in each case during their respective periods of ownership. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is acknowledged, Owner and Grantee agree as follows: I. Grant of Easement. Owner grants to Grantee, its successors and assigns, a perpetual easement on, Over, under, across, and within the Land, as depicted in Exhibit B ("Easement Area') for the purposes of Grantee accessing, constructing, developing, maintaining, repairing, using, operating, utilizing, and removing the Road to provide ordinary, day-to-day ingress and egress to the Airport from Airport Road ("Easement"), The portion of the Easement Area that may be used by Grantee has been mutually agreed to by Owner and Grantee in their reasonable discretion. Owner shall not interfere with Grantee's use of the Easement and shall not grant any other easements over the Ease mcnt Area. Additionally, within the Easement Area, Owner shall not erect any buildings, walls, fences, other structures, or improvements, or plant any trees, grass, or plants. 2. Maintenance of Easement. Grantee, at its sole cost and expense, shall be responsible for the maintenance, repair, and replacement of the Easement Area constructing, and installing the Easement Area. 3. Insurance. Grantee shall carry adequate insurance to insure for any claims arising from its use of the Easement Area at levels and with coverages and deductibles that are normal and customary. Owner and Grantee hereby waive subrogation rights and mutually release each other (and their successors I UUOVVO Vu/ 1 !ILVLJ UJ.,+'+.J I rIVI rC3YV G VI / Jacklyn K. Harmon, Garfield County, Colorado Rec flee: $43.00 Doc Fee: $0.00 eRecorded or assigns) from liability and waive all right of recovery against the other for any loss or damage covered by their respective property insurance policies for all perils insured thereunder. In the event of such insured loss, neither parry's insurance company shall have a subrogated claim against the other. 4. Transferability. The parties to this Agreement hereby acknowledge and agree that the easements and other rights conferred by this Agreement are intended to, and do, constitute covenants that run with the land and shall inure to the benefit of and be binding upon the parties and their respective grantees, heirs, successors, and assigns. Owner acknowledges and agrees that Grantee may freely assign its interests under this Agreement, including assigning its interest to any governmental authority who may publicly dedicate the Road. 5. No Liens. Grantee shall not allow any mechanic's or similar liens to be filed against the Land in connection with Grantee's use of the Easement Area. Should any person file a mechanics or similar lien against Owner unrelated to Grantee's use of the Easement Area and such a lien impairs Grantee's use of the Easement Area, then Owner shall cause such lien to be released or bonded promptly after receiving notice of the lien's filing. 6. Notices. Any notice, request, payment, demand or other communication required or permitted to be delivered by any provision of this Agreement shall be in writing and shall be deemed to have been duly delivered (a) upon personal delivery, (b) upon delivery by a reputable overnight courier service, or (iii) three days after delivery by United States registered or certified mail, return receipt requested, postage prepaid, addressed to the party to be notified at its then -current address appearing on the secured tax roll of the County Assessor of Garfield County. 7. Indemnification. Each Party ("Indemrriiying Par1[K") shall indemnify, defend and hold the other Party ("Indemnified Party") harmless from and against any and all losses, costs, damages, liens, claims, liabilities, or expenses (including, but not limited to, reasonable attorneys' fees, court costs, and disbursements) incurred by the Indemnified Party arising from or by reason of Indemnified Party or Indemnified Parry's servants, agents, employees, guests, licensees, invitees or independent contractors use of the Easement or Easement Area. Notwithstanding the foregoing sentence, Indemnifying Party shall not be obligated to indemnify, defend, and hold Indemnified Party harmless for any losses, costs, damages, liens, claims, liabilities, or expenses to the extent arising from or related to (a) any acts, omissions, negligence or intentional misconduct of Indemnified Party or any agents, employees, or independent contractors of Indemnified Party; or (b) pre-existing conditions or circumstances, including latent defects or hazardous materials. 8. Default and Remedies. If either Party shall default in the performance of an obligation imposed under this Agreement and fails to cure such default within thirty (30) days of receipt of written notice thereof (a "De aultin P which default affects the other Party, the non -defaulting Parry (a "Non -Defaulting Pasty") shall have all of the rights and remedies provided at law or in equity, including the right to obtain an injunction or specific performance of such obligation. If any action, suit, arbitration or other proceeding is instituted to remedy, prevent or obtain relief from a default in the performance by any Party of its obligations hereunder, the prevailing Party shall be reimbursed by the non -prevailing Party for such prevailing party's reasonable and actual costs and expenses, including, without limitation, attorneys' fees, incurred in each and every such action, suit, arbitration or other proceeding, including any and all appeals or petitions therefrom. As used in this Agreement, attorneys' fees shall be deemed to mean the reasonable and actual costs of any legal services performed in connection with the matters involved, calculated based on the reasonable and customary fee charged by the attorney performing such service, without regard to any statutory presumption. I UUODUO VO/ IIILVLU UJ.4'+.:1 I r'IVI rayu J UI I Jacklyn K. Harmon, Garfield County, Colorado Rec Fee: $43.00 Doc Fee: $0.00 eRecorded 9. Waiver. Waiver by a party of any breach by the other party of any tent or provision of this Agreement shall not be deemed a waiver of any subsequent breach of the same or any other term or provision of this Agreement. 10. Entire Agreement. This Agreement and its exhibits together constitute the entire agreement between the parties with respect to the easement, and all prior or contemporaneous agreements. oral or written, relating to such matters are superseded and are not effective for any purpose. Any modification or amendment of this Agreement shall be effective only if the modification or amendment is in writing, signed by both parties and recorded in the Official Records of Garfieid County. Headings at the beginning of each section are solely for convenience and are not a part of this Agreement. All exhibits attached hereto are incorporated and are a part of this Agreement. 11. Good Faith. Owner and Grantee agree to cooperate in good faith with each other to facilitate the use of the Easement and otherwise effect the purposes of this Agreement. 12. Crovemins Law. This Agreement shall be interpreted, construed, and enforced in accordance with the laws of the State of Colorado. 13. Counteroarts. This Agreement may be signed in multiple counterparts, each of which shall be an original, and all of which, when taken together, shall constitute the same agreement. [Remainder of Page Intentionally Blank; Signatures on the Next Page] I UVODUO UU/ I IILULJ VJ.'+'4.:1 I rlVl rely.= U UI 1 Jacklyn K. Harman, Garfield County, Colorado Rec Fee; $43.00 Doc Fee: $0.00 eRecorded EXHIBIT A LEGAL DESCRIPTION OF EASEMENT AREA A PARCEL OF LAND FOR THE PURPOSE OF AN ACCESS EASEMENT, SITUATE IN PARCEL 3A, LOT LINE ADJUSTMENT PLAT RECORDED AS RECEPTION NO. 866116 IN THE GARFIELD COUNTY, COLORADO CLERK AND RECORDS RECORDS, SITUATE IN THE SETA OF SECTION 13 AND THE NE1/4 OF SECTION 24, TOWNSHIP 6 SOUTH, RANGE 93 WEST OF THE 6TH P.M., AND IN THE SWI/4 SECTION 18 TOWNSHIP 6 SOUTH, RANGE 92 WEST OF THE 6TH P.M., COUNTY OF GARFIELD, STATE OF COLORADO. ALL BEARINGS HEREIN RELATIVE TO A BEARING OF S89°26'24"E BETWEEN NGS MONUMENT "RIL-G", A FOUND STAINLESS STEEL ROD WITH A 3.5 INCH CAP 1S STAMPED "RIL G 2010" AND NGS MONUMENT "RIL-F", A FOUND 3.5 INCH DIAMETER BRASS DISK STAMPED "RIL F 2010" SET IN 12 INCH DIAMETER CONCRETE. SAID ACCESS EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT SAID NGS MONUMENT "RIL-F"; THENCE S25°39'50"W 2561.76 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF GARFIELD COUNTY ROAD NO. 352 (AIRPORT ROAD), THE TRUE POINT OF BEGINNING; THENCE DEPARTING SAID NORTHERLY RIGHT-OF-WAY THE FOLLOWING SIXTEEN (16) COURSES: 1. N07°44'37"W 35.46 FEET 2. ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 1030.00 FEET, AN ARC LENGTH OF 375.36 FEET, (CHORD BEARS NO2°41'48"E 373.29 FEET) 3. N13°08'12"E 233.14 FEET 4. ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 970.00 FEET, AN ARC LENGTH OF 151.23 FEET, (CHORD BEARS N08°40'13"E 151.07 FEET) 5. N04°12'15"E 62.94 FEET TO A POINT ON THE GARFIELD COUNTY AIRPORT SOUTHERLY LINE; THENCE ALONG SAID SOUTHERLY LINE 6. S85°43'37"E 760.08 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY LINE 7. N04°16'24"E 57.60 FEET; THENCE DEPARTING SAID SOUTHERLY LINE 8. ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 195.00 FEET, AN ARC LENGTH OF 220.77 FEET, (CHORD BEARS N38°45'54"E 209.17 FEET) 9. S85°43'37"E 60.03 FEET 10. ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 255.00 FEET, AN ARC LENGTH OF 393.55 FEET, (CHORD BEARS S50°03'35"W 355.64 FEET) 11. N85°43'37"W 394.19 FEET 12. ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 245.00, AN ARC LENGTH OF 346.94, (CHORD BEARS S53°42'18"W, 318.67 FEET) 13. S13°08'12"W 230.68 FEET 14. ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 970.00 FEET, AN ARC LENGTH OF 353.50 FEET, (CHORD BEARS S02°41'48"W, 351.54 FEET) 15_ S07°44'37"E 37.33 FEET, TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF COUNTY ROAD NO.352; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY 16. ALONG THE ARC OF CURVE TO THE RIGHT HAVING A RADIUS OF 3940.00 FEET, AN ARC LENGTH OF 60.03 FEET, (CHORD BEARS S84°02'54"W, 60.03 FEET) TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 2.063 ACRES MORE OR LESS. r UVVVVV VV! I rILVLJ VJ.YY.J 1 rlvl rayc r VI r Jacklyn K. Harmon, Garfield County, Colorado Rec Fee: $43-00 Doc Fee: $0.00 eRecorded EXHIBIT B DEPICTION OF EASEMENT AREA Bads of Searing Found YvWM anwnen1 P.0 F C - — — — — — — — S 89'F6.34 L LR TOE 3-I/= - Bras Disk Stomped Foamd ?PC,.S 3fomrnntarr �iFL�: Hrai s Dmk &ampad I f if 4aporf J ; — -- I 1 1 _ y_ _ ff r�a.o• � �� � �I Lot L&Ie 3dfi -{nerd r: SSS f P.eeepfian 2Vo S66I26 ,f I f I � f yr 1 Famd 3_4 ra: Line 3djw^fmadPlof Ree pffon To. 86627E _A63fAces � r � 1 r �I !! CRAphtcaCALE INF 1 I I UUOVVO UU1 I Ilzuzu VJ.Y'#.:l 1 r"IVI r-Cl9t; J UI I Jacklyn K. Harmon, Garfield County, Colorado Rec Fee: $43.00 Doc Fee: $0.00 eRecorded IN WITNESS WHEREOF, Owner and Grantee have signed and entered into this Agreement as of the day and year first written above GRANTEE: VANTAGE RIL LLC, a Delaware limited liability company By: Name: Ryan Maxfield Its: Chief Executive Officer Texas STATE OFF dC ) Tarrant )ss. COUNTY OF ) James E Purl I, � =Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that Ryan Maxfield j the CEO of Vantage RIL LLC personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me and acknowledged and swore that he/she signed and delivered the said instrument as his/her own free and voluntary act on behalf of said entity, for the uses and purposes therein set forth. Given under my hand and seal this 13th day of June 205 C-B Notary Public, State of Texas yal P4 James E Purl < o' State of Texas uIDNUMBER County of Tarrant 135153474 COMMISSION EXPIRES OClober 31, 2a26 Sworn to and subscribed before me on 06/13/2025 by Ryan Maxfield. Electronically signed and notarized online using the Proof platform. IUUaUUO VO/ I //LULU U0.44-J I I"IVI r"QIY.0 -r UI I Jacklyn K. Harmon, Garfield County, Colorado Rec Fee: $43.00 Doc Fee: $0.00 eRecorded IN WITNESS WHEREOF, Owner and Grantee have signed and entered into this Agreement as of the day and year first written above. OWNER: AIRPORT LAND PARTNERS LIMITED, a Colorado limited partnership By: Robert f owaed Name: Robert Howard Its: Managing Partner Texas �y STATE OF 0MLXWW } )ss. COUNTYOF Collin ) 1 Queneisha Epps , Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that Robert Howard the Manacling Partner of Aim= I nd PartaaL Limited, personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me and acknowledged and swore that he/she signed and delivered the said instrument as his/her own free and voluntary act on behalf of said entity, for the uses and purposes therein set forth. Given under my hand and seal this 13th day of June 2025. pIi rl a ;F .U$ Queneisha Epps 0 r �n Queneisha Epps N ID NUMBER Notary Public, State of (R0k rKM •gyp 134955921 Texas p�B 7 F Y6* COMMISSION EXPIRES n4+ilIIIIfIp June 20,2028 Sworn to and subscribed before me on 06/13/2025 by Robert Howard. Electronically signed and notarized online using the Proof platform.