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Home My WebLink AboutADM140006 Agreement for Termination of EasementsWhen Recorded, Return to: Carolyn S. Nachmias Nachmias Morris & Alt, P.C. 605 Main Street, Suite 212 Riverton, NJ 08077 AGREEMENT FOR TERMINATION OF EASEMENTS This Agreement for Termination of Easements ("Agreement") is entered into this __ day of , 2014, by and between MARY ALICE MALONE, AS TRUSTEE UNDER AGREEMENT OF MARY ALICE MALONE DATED APRIL 17, 1990, AS AMENDED ("Malone Trust") and ROCKLEDGE REAL EST A TE LLC, a Colorado limited liability company ("Rockledge"). The Malone Trust and Rockledge are collectively referred to herein as the "Parties". RECITALS: A. WHEREAS, Malone Trust is the owner of real property legally described as Lot 2, according to the Final Plat of a Replat of a portion of Block 7 Vail Village First Filing, and Lot 2 of Raether Minor Subdivision, recorded at Reception No. 722440 of the records of the Eagle County Clerk and Recorder, County of Eagle, State of Colorado (the "County Clerk") ("Lot 2"); B. WHEREAS, Rockledge is the owner of real property legally described as Lot 3A, according to the Final Plat of a Rep lat of a portion of Block 7 Vail Village First Filing, and Lot 2 of Raether Minor Subdivision, recorded at Reception No. 722440 of the records of the County Clerk ("Lot 3A"); C. WHEREAS, Rockledge is also the owner of real property legally described as Lot 3B, according to the Final Plat of a Replat of a portion of Block 7 Vail Village First Filing, and Lot 2 of Raether Minor Subdivision, recorded at Reception No. 722440 of the records of the County Clerk ("Lot 3B"); D. WHEREAS, Lot 3A and Lot 3B are immediately adjacent to each other, and Lot 2 is immediately adjacent to Lot 3B; E. WHEREAS, Rockledge is in the process of abandoning that lot line that separates Lot 3A from Lot 3B such that Lots 3A and 3B shall be consolidated into a single "Lot 3", as shall be depicted on an Amended Final Plat of Vail Village First Filing, Block 7, Lot 3, Town of Vail, Eagle County, Colorado, to be recorded with the County Clerk ("Amended Final Plat"); 00038735.5 F. WHEREAS, in connection with the lot line abandonment, the Parties wish to terminate certain access and utility easements traversing the southern portion of Lots 2, 3A, and 3B (each a "Lot"), establish certain landscaping requirements, as set forth more particularly herein, and acknowledge that by separate agreement, Lot 2 shall be granted an access and utility easement to Fore st Road over and across a certain northern portion of Lots 3A and 3B; and G. WHEREAS, the Parties wish to vacate the following easements: a. that certain ten foot (1 O') utility easement ("1962 Easement") depicted on the Map of Vail Village, First Filing, recorded on August 6, 1962 at Reception No. 96382 in the records of the County Clerk; b. that certain eight foot (8') access easement, ten foot (1 O') access easement, and ten foot (1 O') utility easement traversing the southern boundary of Lot 3A and Lot 3B, and that certain common parking easement located in the southeastern portion of Lot 3B, that are depicted on the Final Plat, a Resubdivision of Lot 3, Block 7, Vail Village, First Filing, recorded on January 2, 1992, at Reception No. 466057 in the records of the County Clerk (collectively, the "1992 Easements"); and c. that certain eight foot (8') access easement, ten foot (10') access easement, fifteen foot ( 15 ') ingress/egress and utility easement traversing the southern portion of, Lot 3A and Lot 3B, that certain ten foot (1 O') utility easement traversing the southern portion of Lot 2, Lot 3A and Lot 3B ("Vail Village First Filing") and that common parking easement located in the southeastern portion of Lot 3B, that are depicted the Final Plat of a Replat of a Portion of Block 7 Vail Village First Filing, and Lot 2 of Raether Minor Subdivision, recorded on February 10, 2000, at Reception No. 722440 of the records of the County Clerk (collectively, the "2000 Easements"). NOW, THEREFORE, in consideration of the mutual promises contained herein and other good and valuable and consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. 00038735.5 Acknowledgement. The Parties acknowledge that the 1962 Easement, the 1992 Easements, and the 2000 Easements were for the benefit of Lot 2. The Parties further acknowledge that due to a particular Driveway Easement Agreement of even date herewith (which shall be recorded with the County Clerk simultaneously with the recording of this Agreement) providing for access and utilities from Forest Road to Lot 2, over and across the northeastern corner of Lot 3A and the northern portion of Lot 3B, the 1962 Easement, the 1992 Easements, and the 2000 Easements are no longer necessary. 2 2. Vacation. The 1962 Easement, the 1992 Easements, and the 2000 Easements are hereby vacated terminated, revoked, cancelled, and are hereinafter of no further force or effect on Lot 2, Lot 3A, and Lot 3B, from and after the date hereof. 3. Vacation of Shared Parking Rights. The Parties acknowledge that, in the past, certain shared parking facilities have existed on portions of Lot 2, Lot 3A and Lot 3B for the joint use of the Parties. Rockledge hereby waives, vacates, terminates and relinquishes any and all rights, whether express or implied, to park any vehicle, or to otherwise store any personal property, upon Lot 2. Malone Trust hereby waives, vacates, terminates and relinquishes any and all rights, whether express or implied, to park any vehicle, or to otherwise store any personal property, upon Lot 3A, Lot 3B, or Lot 3. 4. Establishment of Landscaping Obligations. a. Acknowledgement. The Parties acknowledge that certain improvements, including a flagstone walkway, exist between Lot 2 and Lot 3B that connected the improvements located on the Lots to each other (the "Connecting Improvements"). The Parties acknowledge that the Connecting Improvements are not located in easement areas and are not otherwise governed by written agreement. The Parties now wish to cause the removal of the Connecting Improvements and wish to require replacement landscaping as set forth below. b. Removal of Common Improvements. The owner of Lot 2 shall, at the sole expense of the owner of Lot 3B, no later than the date which is nine (9) months after the date this Agreement is recorded with the County Clerk, remove all Connecting Improvements existing upon Lot 2 and shall re- landscape any area disturbed by such removal in a manner consistent with existing landscaping upon Lot 2. The owner of Lot 3B shall, at its sole expense, no later than the date which is nine (9) months after the date this Agreement is recorded with the County Clerk, remove all Connecting Improvements existing upon Lot 3B and shall re-landscape any area disturbed by such removal in a manner consistent with existing landscaping upon Lot 3B. c. Termination of Implied Easement. To the extent that any easement by prescription or necessity, or other express or implied easement, was created by way of the existence or use of the Connecting Improvements, or the actions of the Parties with respect thereto, any and all such easements are hereby waived, vacated, terminated and relinquished by each of the Parties. 5. Counterparts. This Agreement may be executed in counterparts which when taken together shall constitute the entire agreement of the Parties. This Agreement constitutes the entire 00038735.5 3 agreement of the parties hereto and supersedes any and all prior negotiations, correspondence, understandings, and agreements between the parties respecting the subject matter hereof. 6. Integration. This Agreement constitutes the entire understanding between the Parties with respect to the subject matter hereof, and the Parties shall not be bound by any agreements, understandings or conditions respecting the subject matter hereof, whether oral or written, other than those set forth and stipulated herein. Any exhibits attached to this Agreement, and the Recitals to this Agreement, are incorporated by reference. 7. Recordation. This Agreement shall be recorded with the County Clerk by Rockledge within 30 days after the full execution hereof by the Parties, at Rockledge's sole cost and expense. [Signatures Follow] 00038735.5 4 IN WITNESS WHEREOF the Parties hereto have executed this Agreement on the day and the date above written. STATE OF ----- COUNTY OF ----- MALONE TRUST: MARY ALICE MALONE, as Trustee under Agreement of Mary Alice Malone dated April 1 7, 1990, as amended The foregoing instrument was acknowledged before me on this _ day of ____ _ 2014, by Mary Alice Malone, as Trustee under Agreement of Mary Alice Malone dated April 17, 1990, as amended. My Commission Expires: , 20 ------ Notary Public [Signatures to Agreement.for Termination of Easements Continued on Next Page] 00038735.5 5 [Signatures to Agreement for Termination of Easements Continued from Prior Page} STATE OF ----- COUNTY OF ----- ROCKLEDGE: ROCKLEDGE REAL EST A TE LLC, a Colorado limited liability company By: _________________ _ Name: ----------------- Title: ----------------- The foregoing instrument was acknowledged before me on this _ day of ____ _ 2014, by , on behalf of Rockledge Real Estate LLC, a Colorado limited liability company. My Commission Expires: ______ ,20_ 00038735.5 Notary Public 6