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Home My WebLink AboutADM140006 Driveway Easement AgreementWhen Recorded, Return to: Carolyn S. Nachmias Nachmias Morris & Alt, P.C. 605 Main Street, Suite 212 Riverton, NJ 08077 DRIVEWAY EASEMENT AGREEMENT THIS DRIVEWAY EASEMENT AGREEMENT (the "Agreement") is made this __ day of , 2014, by and between Rockledge Real Estate LLC, a Colorado limited liability company, whose address is 7600 East Doubletree Ranch Road, Suite 300, Scottsdale, AZ 85258 ("Grantor") and Mary Alice Malone, as Trustee Under Agreement of Mary Alice Malone Dated April 17, 1990, as Amended, whose address is 75 Old Stottsville Road, Coatesville, PA 19320 ("Grantee"). RECITALS: A. Grantor is the owner of that certain real property located in the Town of Vail, County of Eagle, State of Colorado, more particularly described as: Lot 3A, 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") on February 10, 2000 ("Lot 3A"); and 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 County Clerk on February 10, 2000 ("Lot 3B"). B. Lot 3A and Lot 3B are immediately adjacent to each other and are separated by a single lot line. Grantor is in the process of vacating that lot line that separates Lot 3A and Lot 3B such that Lot 3A and Lot 3B shall be combined into one single lot referred to as "Lot 3". C. Lot 3A and Lot 3B together, as well as the newly formed (or to be formed) Lot 3, are collectively referred to herein as the "Grantor Property". D. Grantee is the owner of that certain parcel of real property immediately adjacent to Lot 3B located in the Town of Vail, County of Eagle, State of Colorado, more particularly described as: -1 - 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 in the records of the County Clerk on February 10, 2000 (the "Grantee Property"). E. Grantor and Grantee wish to provide for a nonexclusive access and utility easement over a portion of the Grantor Property for the purpose of accessing Fore st Road from the Grantee Property. F. Grantor is willing to grant such an easement over and across the Grantor Property to Grantee on the terms and conditions set forth in this Agreement. Grantor and Grantee are sometimes collectively referred to herein as the "Parties". NOW, THEREFORE, in consideration of TEN AND NOil 00 DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor does hereby grant and convey to Grantee an easement across the Grantor Property on the terms and conditions set forth herein: 1. Driveway Easement. (1001R7111 1.1. Easement. Grantor hereby grants and conveys to Grantee a perpetual, nonexclusive easement (the "Driveway Easement") over and across those areas of the Grantor Property to the North and East of the dashed line labeled "Driveway Easement Created by this Plat" as depicted on Exhibit A (the "Driveway Easement Area"). The purposes of the Driveway Easement are strictly limited to (i) pedestrian and vehicular access, ingress and egress between the Grantee Property and Forest Road only, (ii) installation, maintenance, repair and replacement of underground utility services for the benefit of the Grantee Property only, and (iii) landscaping, retaining walls, access gates and other security measures, and other improvements directly related to the driveway access use. Notwithstanding that the Driveway Easement is "nonexclusive," Grantor shall not be permitted to grant any other party the right to use the Driveway or the Driveway Easement Area, except in connection with Grantor's use of the Driveway Easement Area shall as set forth in Section 1.4 below. 1.2. Grantor Approval Required for Construction of Improvements. Grantor acknowledges and approves the existing driveway ("Driveway"), utilities and other improvements currently located in the Driveway Easement Area, and no further approval of Grantor is required for the existence, maintenance, repair or replacement of said Driveway or the current improvements thereon in a substantially similar form. Grantee shall not perform any reconstruction, addition, renovation, repair or replacement of improvements in the Driveway Easement Area (other than expressly stated in the immediately preceding sentence) unless and until Grantee has received the written consent of Grantor, which consent shall not be unreasonably withheld, conditioned or delayed. -2 - 1.3. Maintenance; Costs. Grantee shall at all times maintain the Driveway and all improvements constructed by, or on behalf of, Grantee within the Driveway Easement Area in good condition and repair, consistent with other high-end personal residences located on Forest Road and Rockledge Road, Vail, Colorado (the "Standard"), subject to weather conditions and other causes beyond Grantee's reasonable control. Grantor acknowledges that all existing improvements within the Driveway Easement Area currently meet the forgoing Standard. All improvements located within the Driveway Easement Area shall be designed, constructed, installed, maintained, repaired, and replaced by the owner of the Grantee Property, at the sole cost and expense of Grantee, except as otherwise provided herein. 1.4. Grantor Use. Grantor hereby reserves all rights to use in any manner, and construct improvements on or about, the Driveway Easement Area, so long as such use is not inconsistent with, and does not unreasonably interfere with, Grantee's use and enjoyment of the easement rights granted by this Agreement. Grantor expressly reserves the right to access and use that private tram (the "Tram") located on the Grantor Property and further reserves the right to construct, maintain, repair, and replace, at Grantor's sole cost and expense, any improvements or facilities associated with or serving the Tram, the Tram area, or any Tram operations, provided that such improvements or facilities do not unreasonably interfere with Grantee's use of the Driveway, and comply with the Standard. If Grantor's construction, maintenance, repair or replacement of any of such improvements or facilities damages or disturbs the Driveway Easement Area, Grantor shall, at Grantor's sole cost, promptly restore same to the condition as existed prior to the commencement of Grantor's activities which caused such damage or disturbance. The Parties expressly acknowledge and agree that this Agreement shall not be deemed to grant to Grantee, or Grantee's successors or assigns, any right to use or access the Tram or the Tram area. Any reconstruction or renovation of the Driveway Easement Area by Grantee shall include appropriate access facilities to permit Grantor to access the Tram, which improvements shall be installed at Grantee's expense. Prior to Grantor's performance of any repairs or replacements which may affect the Driveway Easement Area, including, without limitation, work relating to the Tram, Grantor shall give Grantee prior written notice of such work, and in conducting any maintenance, repairs and replacement work, Grantor shall not unreasonably interfere with the Grantee's use of the Driveway. 2. Term. The term of the Driveway Easement shall be perpetual. 3. Non-interference. Grantee agrees not to use the Driveway Easement in a manner which is inconsistent with the provisions of this Agreement or which unreasonably interferes with Grantor's use or enjoyment of the Grantor Property. Grantor shall not impede, block, limit or restrict use of, or access to the Driveway Easement Area by Grantee, 0(11llX7111 -3 - including, without limitation, by way of parking or storing vehicles or equipment on or about the Driveway Easement Area. 4. Maintenance and Upkeep. Subject to Section 1.3, Grantee shall be solely responsible for maintaining, repairing, resurfacing, cleaning, sweeping, snowplowing, and otherwise preserving the Driveway and the Driveway Easement Area, and shall pay all costs and expenses associated therewith. 5. Indemnification. 5.1. Grantee, its successors and assigns, shall indemnify and hold harmless Grantor, its successors and assigns from and against all losses, claims, suits, rights or causes of action, damage, liability and expense arising from any breach of this Agreement by Grantee or negligent or intentional acts or omissions of Grantee, and any other person using the Driveway by, through or under Grantee, in connection with the use of the Driveway Easement Area (except to the extent resulting from any act or omission of Grantor, or Grantor's family members, guests, employees, agents, contractors, invitees or licensees). This indemnity shall only apply to the Party that owns the Grantee Property at the time that the event giving rise to the indemnity obligation occurs, and not to any prior or subsequent owner of the Grantee Property. 5.2. Grantor, its successors and assigns, shall indemnify and hold harmless Grantee, its successors and assigns from and against all losses, claims, suits, rights or causes of action, damage, liability and expense arising from any breach of this Agreement by Grantor or negligent or intentional acts or omissions of Grantor in connection with the use of the Driveway Easement Area (except to the extent resulting from any act or omission of Grantee, or Grantee's family members, guests, employees, agents, contractors, invitees or licensees). This indemnity shall only apply to the Party that owns the Grantor Property at the time that the event giving rise to the indemnity obligation occurs, and not to any prior or subsequent owner of the Grantor Property. 6. Subsequent Owners. The Driveway Easement granted herein is appurtenant to the Grantor Property and the Grantee Property and the rights, benefits and burdens arising hereunder shall run with the Grantor Property and the Grantee Property, shall be binding upon and inure to the benefit of the owners thereof and their heirs, assigns, successors and personal representatives. The rights, benefits and burdens arising hereunder shall be transferred, assigned or conveyed with the Grantor Property and the Grantee Property, but in no event shall any interest in the Driveway Easement or any of the rights, benefits or burdens arising hereunder be conveyed or assigned separate or apart from the Grantor Property or the Grantee Property. Upon the transfer of the Grantor Property by the Grantor or upon the transfer of the Grantee Property by Grantee or by any future owner of the Grantor Property or the Grantee Property, the liability for performance under this (l(ltllR7Ul -4 - Agreement shall be the obligation of said transferee and any prior owners shall be relieved of any liability in conjunction with the future undertakings described herein. 7. Enforcement; Attorneys' Fees. In the event that any Party benefitted by this Agreement is required to commence any action or proceeding against the other in order to enforce the provisions hereof, or defend any such action, the prevailing Party in any such action shall be entitled to recover, in addition to any monetary damages or injunctive or other equitable relief otherwise awarded, all reasonable costs incurred in connection therewith, including attorneys' fees and all court costs. 8. Modification; Termination. This Agreement may not be modified, terminated or otherwise amended without the written consent of Grantor and Grantee (or their respective successors or assigns). 9. Colorado Law. This Agreement shall be governed by and construed in accordance with Colorado law. The Parties (on behalf of themselves and their respective successors and assigns) hereto hereby consent to the jurisdiction and venue of all state courts located in Eagle County, Colorado with respect to all disputes and other matters arising under or in connection with this Agreement and waive any objection they might otherwise have to such jurisdiction and venue. 10. Headings. The Article and Section headings in this Agreement are for convenience only, shall in no way define or limit the scope or content of this Agreement, and shall not be considered in any construction or interpretation of this Agreement or any part hereof. 11. No Partnership. Nothing in this Agreement shall be construed to make the Parties partners or joint venturers or render any of the Parties liable for the debts or obligations of any other Parties. 12. Nonterminable Agreement. No breach of the provisions of this Agreement shall entitle any Party to cancel, rescind or otherwise terminate this Agreement, but such limitation shall not affect, in any manner, any other rights or remedies which any Party may have hereunder by reason of any breach of the provisions of this Agreement. 13. Integration. This Agreement constitutes the entire understanding between Parties, 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 expressly set forth and stipulated in this Agreement. All exhibits attached to this Agreement, and the Recitals to this Agreement, are hereby incorporated by reference. 14. Partial Invalidity. If any provision of this Agreement, or portion thereof, or the application thereof to any person or circumstances, shall, to any extent be held invalid, inoperative or unenforceable, the remainder of this Agreement, or the application of such provision or portion thereof to any other persons or circumstances, shall not be affected thereby. It shall not be deemed that any such invalid provision affects the consideration -5 - for this Agreement and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 15. Counterparts. This Agreement may be executed in counterparts which when taken together shall constitute the entire agreement of the Parties. 16. Recordation. This Agreement shall be recorded with the County Clerk by Grantor within 30 days after the full execution hereof by the Parties, at Grantor's sole cost and expense. [Signatures Follow] -6 - IN WITNESS WHEREOF, Grantor and Grantee have caused this Agreement to be executed as of the day and year above set forth. STATE OF ----- COUNTY OF ----- GRANTOR: 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_ Notary Public [Signatures to Driveway Easement Agreement Continued on Next Page] -7 - [Signatures to Driveway Easement Agreement Continued from Prior Page} STATE OF ----- COUNTY OF ----- GRANTEE: MARY ALICE MALONE, as Trustee under Agreement of Mary Alice Malone dated April 17, 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. Notary Public -8 - FOUND f4 REBOii w/ 1 1/2" jj_UlllNUll CN' LS l1M27 (N1TJ3'1!1"E 1.05' FRDll PL.ATIED POSITTlN) - c ~ ) -·------ 00038733.2 Exhibit A Driveway Easement Area F" 0 R r:- c;. s r Ro4o \ DRIWEWAY El\SBIE)(l /, Cll£)IT£I> 8Y ltlS PW \ \ \ (so· Row) 11-72'28'05"~', I PAYER DllVE 11=80 DD' . ../. L=~.811' F-.. T=43.9'f '- C ~-70.93' ' !IRG-N4TDI.,,..., I , .......... _ I ' I LOT 3 I 0.9524 M:llES / ,' , , RlUIC> #4 11£BM (N02'11°51'1: 0.72' F1IOM P'IATIED l'OSlllON) --- LOT 2 -- A llEPL.AT OF A l'Olfl10tl OF lllOCI< 7 VM. Vl.UIGE FllST FUilG AND LOT 2 OF !WJllER lllt«IR ~ -