HomeMy WebLinkAboutDRB140045 GARMISCH RECORDED PERMISSIVE AGREEMENTEagle County, CO
Teak J Simonton
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AGREEMENT REGARDING PERMISSIVE USE - ENCROACHMENTS
201322017
10/30/2013
03:22:25 PM
This Agreement Regarding Permissive Use - Encroachments
( "Agreement ") is by and between W. Thomas Saalfeld and Kimberly S. Saalfeld,
hereinafter referred to as "Party One "; and Jerry Singleton, hereinafter referred to
as "Party Two "; and Brian E. Miller Trust and P. Siegel Family LP, hereinafter
referred to as "Party Three "; and Garmisch Haus, LLC, hereinafter referred to as
"Party Four."
A. WHEREAS, Party One is record the title owner of the following real
property in Eagle County, Colorado, described as follows:
Lot 27, A resubdivision of Lots 27 and 28, Block A, a
resubdivision of Vail Das Schone, Filing No. 1, according to the
plat recorded January 30, 1984 in Book 377 at Page', 495, County of
Eagle, State of Colorado. (Hereinafter "Property of Party One ").
B. WHEREAS, Party Two is the record title owner of the following
real property in Eagle County, Colorado, described as follows:
Lot 28, A resubdivision of Lots 27 and 28, Block A, a
resubdivision of Vail Das Schone, Filing No. 1, according to the
plat recorded January 30, 1984 in Book 377 at Page 495, County of
Eagle, State of Colorado. (Hereinafter "Property of Party Two" or
"Lot 28 ").
C. WHEREAS, Party Three is record the title owner of the following
real property in Eagle County, Colorado, described as follows:
Lot 1, Vail Das Schone Filing 2, Block G: according to the
plat recorded in Book 224 at Page 211, County of Eagle, State of
Colorado. (Hereinafter "Property of Party Three ").
D. WHEREAS, Party Four is the Buyer of Lot 28 under Contract
to Buy and Sell Real Property dated September 21, 2013 by and between
Party Two and Party Four.
E. WHEREAS, the common boundary line between Lot 27 and Lot 28,
is currently the eastern lot line of the Property of Party One and the western lot
line of the Property of Party Two.
F. WHEREAS, the common boundary line between Lot 28 and Lot 1,
is currently the eastern lot line of the Property of Party Two and the western lot
line of the Property of Party Three.
01847863.1
G. WHEREAS, the lawn, trees and bushes by Party One encroach on
to the westerly boundary of the Property of Party Two, and the lawn by Party
Three encroaches on to the north easterly boundary of the Property of Party Two,
and each have had access and use of such portions of the Property of Party Two
(the "Encroachments ").
I. WHEREAS, Party Two is under Contract to sell Lot 28 to Party
Four.
Now therefore, in consideration of the mutual covenants contained in this
Agreement, which each party to this Agreement acknowledges and agrees is
good and valuable consideration, the Parties One, Two, Three and Four agree as
follows:
1. Party Two hereby states and affirms, and Parties One and Three
acknowledge and agree, that over the years that Party One and Party Three have
each respectively maintained the Encroachments with the permission of Party
Two, and that the respective encroachments have not been adverse to the title of
Party Two.
2. Parties One and Three each acknowledge and agree that their
respective encroachments have not ripened into an easement, license, lease, right
of use, or of any type, and each Party One and Party Three, by execution of this
Agreement, disclaim, waive and release any right each may have to claim any
ownership, rights of possession or use of any kind whatsoever in the Property of
Party Two, under any theory, including, but not limited to, a claim for adverse
possession.
3. Until the transfer of the Property from Party Two to Party Four,
Party Two, and following the transfer, Party Four do each hereby agree to
continue to allow, with permission, the Encroachments, which permission may
be revoked at any time by 30 -day written notice from Party Two, until the
transfer of the Property, and thereafter from Party Four to Party One and /or
Party Three. Promptly after such written notice, Party One and/or Party Three .
shall, at each such party's sole cost and expense, remove any and all
improvements, landscaping lawn, trees and bushes in or comprising the
Encroachments that Party Two, until the transfer of the Property, and thereafter,
Party Four may designate to be removed. If either Party One or Party Three fail
to so remove such improvements, landscaping lawn, trees and bushes, Party
Two, until the transfer of the Property, and thereafter, Party Four may, without
any liability to any kind to either Party One or Party Three remove all such
improvements, landscaping lawn, trees and bushes. Notwithstanding anything
in the contrary in this Agreement, Party One and Party Three shall not install,
41847863.1
erect, plant or otherwise use or occupy any portion of Lot 28 except to the extent
of the existing encroachments. Party One and Party Three each agree to
indemnify and hold Party Two and Party Four, their officers, directors, members,
managers and employees harmless from and against any and all claims or
damages arising from the Encroachments or otherwise from Party One and Party
Three's use or occupancy of Lot 28.
4. This Agreement shall be recorded with the Clerk and Recorder in
Eagle County, Colorado. Promptly after Party Two or Party Four's written notice
of revocation described in Section 4 of this Agreement, Party Two, until the
transfer of the Property, and thereafter Party Four may record an instrument
with the Clerk and Recorder in Eagle County, Colorado, sufficient to remove this
Agreement from title without the need of any consent or approval by either or
both of Party One and Party Three.
5 This Agreement shall be binding and enforceable against the heirs,
successors, assigns, transferees and grantees of each party hereto.
6. This Agreement shall be governed under the laws of the State of
Colorado.
7. This Agreement may be signed via email or fax and in counterpart,
but shall, nevertheless, be deemed valid and enforceable by all signatory parties,
and shall be effective as of the date the last party hereto executes the Agreement.
Party One: , Party Two:
W. Thomas Saalfeld
Kimberly S. Saalfeld
Party Three:
Brian E. Miller Trust
01847863.1
Date Jerry Singleton
Party Four:
Garmisch Haus, LLC
Date
i
erect, plant or otherwise use or occupy any portion of Lot 28 except to the extent
of the existing encroachments. Party One and Party Three each agree to
indemnify and hold Party Two and Party Four, their officers,- directors, members,
managers and employees harmless from and against any and all claims or
damages arising from the Encroachments or otherwise from Party One and Party
Three's use or occupancy of Lot 28.
4. This Agreement shall be recorded with the Clerk and Recorder in
Eagle County, Colorado. Promptly after Party Two or Party Four's written notice
of revocation described in Section 4 of this Agreement, Party Two, -until the
transfer of the Property, and thereafter Party Four -may record an.rnstrument
with the Clerk and - Recorder in Eagle County, Colorado, sufficient to remove this
Agreement from title without the need of any consent or approval by either or
both of Party One and Party Three.
5 This Agreement shall be binding and enforceable against the heirs,
successors, assigns, transferees and grantees of each party hereto.
6. This Agreement shall be governed under the laws of the State of
Colorado,
7. This Agreement may be signed via email or fax and in counterpart,
but shall, nevertheless, be deemed valid and enforceable by all signatory parties,
and shall be effective as of the date the last party hereto executes the Agreement.
Party One: Patty Two:
W. Thomas
Kimberly S.
Party Three:
Brian E. Miller Trust
3
Jerry Singleton Date
Party Four:
Garmisch Haus, LLC
OIS4786.3.1 3
By:
Name- Date Name: Date
Title: Title:
P. Siegel Family LP
By:
Name: Date
Title:
STATE OF COLORADO )
COUNTY OF EAGLE )
SUBSCRIBED AND SWORN TO before me this aAay of 6L T6
2013, by W. Thomas Saalfeld. Witness my hand and official seal.
My commission expires: /0 - f -� - l -:� _ .i7,
Notary Public
rY
WILLIAM J:BALZANO
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20054040311
MY VIUMMISS10N EXPIRES OOMBER 17, 2017
STATE OF COLORADO )
COUNTY OF EAGLE )
before this
/
��day
SUBSCRIBED AND SWORN TO nee
of'C7 �,
2013, by Kimberly S. Saalfeld. Witness my hand and official seal.
My commission expires:
Notary Public
WILLIAM J 13ALZANO
NOTARY 'PUBLIC
STATE OF COLORADO
N .TARY.to'200540403,11
MY COMMISSION EXPIRES'OGTOBER I7, 2017
STATE OF )
COUNTY OF )
01234 ?863.1 4
erect, plant or otherwise use or occupy any portion of
of the existing encroachments. Party One and Party T
indemnify and hold Party Two and Party Four, their
managers and employees harmless from and against <
damages arising from the Encroachments or otherwis
Three's use or occupancy of Lot 28.
4. This Agreement shall be recorded with t
Eagle County, Colorado. Promptly after Party Two or
of revocation described in Section 4 of this Agreement
transfer of the Property, and thereafter Party Four ma
with the Clerk and Recorder in Eagle County, Colorac
Agreement from title without the need of any consent
both of Party One and Party Three.
5 This Agreement shall be binding and (
successors, assigns, transferees and grantees of each
6. This Agreement shall be governed
Colorado.
7. This Agreement may be signed via
but shall, nevertheless, be deemed valid and enf(
and shall be effective as of the date the last party
Party One: Party Two:
W. Thomas Saalfeld Date
Kimberly S. Saalfeld
Party Three:
Brian E. Miller Trust
,ot 28 except to the extent
ree each. agree to
ficers, directors, members,
iy and all claims or
from Party One and Party
.e Clerk and Recorder in
'arty Four's written notice
Party Two, until the
record an instrument
), sufficient to .remove this
>r approval by either or
,able against the heirs,
hereto.
the laws of the State of
or fax and in counterpart,
.e by all signatory parties,
executes the Agreement.
Party Four;
Garmisch Haas, LLC
01947863.1 3
Date
SUBSCRIBED AND SWORN TO before me this -day of ( n
!,
2013, by Jerry Singleton. Witness my hand and official seal.
My commission expires: ,)I10 115— rill.
/ o u�
Notary Public
STATE OF --1-- )
COUNTY OF W, 1's-cs,/ )
SUBSCRIBED AND SWORN TO before me this day of ;
2013, by as for the Brian E.
Miller Trust. Witness my hand and official seal.
My commission expires:
Notary Public
STATE OF
COUNTY OF
SUBSCRIBED AND SWORN TO before me this day of ,
2013, by as for the P. Siegel
Family LP. Witness my hand and official seal.
My commission expires:
Notary Public
STATE OF COLORADO )
COUNTY OF EAGLE )
SUBSCRIBED AND SWORN TO before me this day of ,
2013, by as mernberlmanager of Gannsch Haus, LLC. Witness my
hand and official seal..
My commission expires:
Notary Public
01 M7363.1 S
By: By:�
Name: Date Name:? Datef
Title: Title:
P. Siegel Family LP
By:
Name: Date
Title:
STATE OF COLORADO )
COUNTY OF EAGLE )
SUBSCRIBED AND SWORN TO before me this day of
2013, by W. Thomas Saalfeld. Witness my hand and official seal.
My commission expires:
Notary Public
STATE OF COLORADO )
COUNTY OF EAGLE )
SUBSCRIBED AND SWORN TO before me this day of
2013, by Kimberly S. Saalfeld. Witness my hand and official seal.
My commission expires:
Notary Public
STATE OF
COUNTY OF )
01847863.1 4
SUBSCRIBED AND SWORN TO before me this day of
2013, by Jerry Singleton. Witness my hand and official seal.
My commission expires:
Notary Public
STATE OF )
COUNTY OF )
SUBSCRIBED AND SWORN TO before me this
2013, by as
Miller Trust. Witness my hand and official seal.
My commission expires:
Notary Public
STATE OF )
COUNTY OF )
SUBSCRIBED AND SWORN TO before me this
2013, by as
Family LP. Witness my hand and official seal.
My commission expires:
STATE OF COLORADO )
COUNTY OF EAGLE )
SUBSCRIBED AND SWORN TO b,
2013, by as member /ma
hand and official seal.
My commission expires:
otary
Notary Public
day of ,
for the Brian E.
day of ,
for the P. Siegel
As =day day of --�
Garmisch Haus, LLC. Witness my
SARAH K. DORMAN
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20054023079
MY COMMISSION EXPIRES 0610912017
01847863.1 5
By By:
Name: Date Name: Date__
Title: Title:
P. Siegel Fa-inily LP
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Na r7e: Me, e,9 e4
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Title:— 6e^--,C k PCIAM-e/_
STATE Or, COLORADO
COUNTY OF :EAGLE
SUBSCRIBED AND SWORN TO before me this day of
2013; by W. Thomas Saalfeld. Witness my hand and official seal.
My commission expires:
Notary Public
STATE OF COLORADO
COUNTY OF EAGLE
SUBSCRIBED AND SWORN TO before me this day of
9013, by Kimberly S. Saalfeld. Witness my hand and official seal.
My commission expires:
Notary Public
STATE OF
COUNTY OF
01847863.1 4
SUBSCRIBED AND SWORN TO before me this day of ,
2013, by:Jeny Singleton. Witness my Band and official. seal.
My commission expires:
Notary Public
STATE OF
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SUBSCRIBED AND SWORN TO before me this day .of ,
2013, by as for the Brian E.
Miller Trust. Witness my hand and official seal.
My commission expires:
Notary Public
STATE OF J C--Y
COUNTY OF gOPJ q,oOTR )
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SUBSCRIBED AND SWORN TO before me this day, of OC bba/-- ,
2013, by 'C R _ I C; 6C1� as QEW6aA,. .t nt dt. for the P. Siegel
Family LP. 'Witness my hand and official seal.
My commission expires: `obeL . 0-12.014 ((^''
Notary Public OW IES PM
NOTYPuaLto
STATE OF COLORADO, ) StA'TSOFNEMERSEY
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COUNTY OF EAGLE ) My CONi-MiSSICN WIRES OCTOBER, 12,2014
SUBSCRIBED AND SWORN TO before me this day of ,
2013, by
hand and official seal.
as member /manager of Garmisch Haus, LLC. Witness my
My commission.expires:
Notary Public
01847863.1 5
By: By:
Name: �'11C1 �� � e D 2 73 Name: Date
Title:� �� Title:
P. Siegel Family LP
By:
Name: Date
Title:
STATE OF COLORADO
COUNTY OF EAGLE
SUBSCRIBED AND SWORN TO before me this day of
2013, by W. Thomas Saalfeld. Witness my hand and official seal.
My commission expires:
Notary Public
STATE OF COLORADO }
COUNTY OF EAGLE ]
SUBSCRIBED AND SWORN TO before me this day of
2013, by Kimberly S. Saalfeld.. Witness my band and official seal.
My commission expires:
Notary Public
STATE OF
COUNTY OF
01847863.1 4
SUBSCRIBED AND SWORN TO before me this day of ,
2013, by Jerry Singleton. Witness any hand and official seal.
My commission expires:
J/ Notary Public
STATE OF�C`ifli� j
COUNTY {3 j
SUBSCRIBED AND SWORN TO before me this � �' -ay of
2013, by' ltlf�c"/ as /� for the Brian E.
Mlier Trust. Witness my hand and official seal.
My commission expires: /r
Notary Public �� t�ot�ry Public State of Ft4riCa
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STATE OF Wanda 44 Schielt
My Gamion E E10167,1 a,�d� Exp,res tl812112U15
COUNTY OF )
SUBSCRIBED AND SWORN TO before me this day of ,
2013, by as for the P. Siegel
Family LP. Witness my band and official seal.
My commission expires:
Notary Public
STATE OF COLORADO
COUNTY OF EAGLE
SUBSCRIBED AND SWORN TO before me this day of ,
2013, by as member /manager of Garmisch Haus, LLC. Witness my
hand and official seal.
My commission expires:
Notary Public
D1847863.1 5