HomeMy WebLinkAboutEnzian Access Easement Agreement Eagle County, CO 201406801
Teak J Simonton 05/01/2014
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ACCESS EASEMENT AGREEMENT
THIS ACCESS EASEMENT AGREEMENT (this "Agreement") is entered into and
effective this I I day of OO-,OR,i 1-- , 2014, (the "Effective Date"), by and
between Enzian at Vail Condominium Association, a Colorado non-profit
corporation ("Enzian") and Lionshead Inn, LLC, a Colorado limited liability company
("Lionshead"). Lionshead and Enzian are collectively referred to herein as the
"Parties" and individually as "Party."
RECITALS
A. Lionshead is the owner of certain real property located in the Town of
Vail, Colorado, which property (the "Lionshead Parcel") is described on the attached
Exhibit A, including the improvements consisting of a hotel and related amenities
known (and referred to here) as the Lionshead Inn. The Lionshead Parcel is
described on the Exemption Plat recorded March 7, 2014, at Reception No.
201403458.
B. Enzian is the owners' association created to administer the Enzian at
Vail Condominiums project (the "Enzian Project") in the Town of Vail, Eagle County,
Colorado, located on land adjacent to the Lionshead Parcel (the "Enzian Parcel").
The Enzian Project consists of twelve (12) condominium units and common
elements (collectively, the "Enzian Units"), more fully described with reference to
the Condominium Declaration for Enzian at Vail Condominiums recorded in the
office of the Clerk and Recorder of Eagle County, Colorado, at Book 237 at Page 674
(as amended from time to time, the "Enzian Declaration"), and the map recorded in
Book 237 at Page 675, as amended from time to time (the "Enzian Map").
C. Lionshead intends to demolish the Lionshead Inn and to redevelop the
Lionshead Parcel with a new, mixed-use condominium project to be known as
"Strata" (the "Strata Project").
D. The Enzian Parcel and the Lionshead Parcel are burdened and
benefited by a parking and access easement as depicted and described on the Enzian
Map and as further described in an Easement and Joint Maintenance Agreement
recorded March 3, 2004, under Reception No. 869685 (the "2004 Easement
Agreement") in the office of the Clerk and Recorder of Eagle County, Colorado
(collectively, the "Easement"), pursuant to which the parties agreed to the terms
(among other matters) of a grant by Lionshead to the Enzian Association of a non-
exclusive easement for ingress and egress to and from the Enzian Parcel and for
certain parking areas, all as described more fully and defined in the Easement.
Page 1 of 6
E. The owners of the Enzian Units (the "Enzian Owners"), who are all
members of the Enzian Association, intended to accommodate the redevelopment of
the Lionshead Parcel, subject to the terms and conditions set forth below and in
other documents and agreements between the Parties.
F. Lionshead wishes to grant and convey to Enzian a non-exclusive
permanent easement for vehicular and pedestrian access between West Lionshead
Circle and the southerly boundary of the Enzian Parcel, which Enzian intends to
utilize in the event of redevelopment of the Enzian Parcel.
AGREEMENT
NOW THEREFORE, in consideration of the promises and the mutual and
dependent covenants contained in this Agreement, and for other good and valuable
consideration,the receipt and sufficiency of which are hereby acknowledged, Enzian
and Lionshead agree as follows:
1. Grant and Acceptance of Easement. Lionshead hereby grants and conveys
to Enzian, a perpetual, non-exclusive easement on, over, above, across, below and
through the Lionshead Parcel and the Easement as depicted on Exhibit B, attached
hereto and incorporated herein, for access to and from the Enzian Parcel. (the
"Access Easement"). Lionshead warrants to Enzian that it has the lawful right to
grant the easement and other rights set forth in this Agreement. Except as so
warranted, Enzian accepts the Access Easement in "as is-where is" condition, with
all faults and defects, whether patent or latent. In connection with the
redevelopment of the Enzian Project, Enzian shall have the right to improve the
Access Easement, including without limitation by constructing, installing, grading
and excavating a driveway, sidewalk, curb, gutter, drainage, landscaping, and related
and ancillary improvements (collectively, "Improvements"). Enzian shall have the
perpetual right to use, operate, maintain, repair, replace and modify the
Improvements.
2. Scope of Use of Easement. Enzian and its members, tenants, guests,
invitees, licensees, agents, servants, independent contractors and contractors may
use the Access Easement for vehicular, pedestrian and other access to and from
West Lionshead Circle to the Enzian Parcel. Lionshead makes no representation
that any governmental authority will allow or permit such access from West
Lionshead Circle.
Page 2 of 6
3. Use of Easement Parcel by Lionshead Association. Lionshead agrees not to
grant any other easement on the Access Easement, or to construct, build or erect, or
permit any improvement, building, landscaping element or device, or to take or
permit any other action on the Access Easement which would in any material
manner or unreasonably and substantially interfere with, obstruct or impede the
use and enjoyment of that Access Easement by Enzian, except as set forth below.
4. The Access Easement currently has located on it certain landscaping, and
other improvements.
i. Enzian, at its cost, will be obligated to replace, in a new location on the
Lionshead Parcel, all landscaping improvements that the Enzian removes from the
Easement in the course of redeveloping the Enzian Project or in otherwise
constructing improvements on the Access Easement area, in accordance with plans
reasonably acceptable to Lionshead (or, after the establishment of the Strata Project
condominium, the Strata Project owners' association).
ii. Upon commencement of any work relating to the redevelopment of the
Enzian Project, 1) the Access Easement shall thereafter be exclusive to the Enzian
Association and the Enzian Owners and their guests, licensees and invitees, and 2)
the Enzian Association will be solely responsible for the maintenance of the Access
Easement area and the repair, maintenance and replacement of Improvements on
the Access Easement area. Prior to commencement of such work, the Access
Easement shall be non-exclusive with respect to Lionshead Inn.
Hi. The Enzian Association will indemnify, defend and hold Lionshead
harmless against, any claim, cause of action, liability, suit, damages, loss, judgment,
costs and expenses, including without limitation, reasonable attorneys' fees for
damage to property or injury or death of any person (any of which is called a Claim)
arising from the use, improvement, maintenance or operation of the Access
Easement by the Enzian Association and the Enzian Owners and family members,
except to the extent such Claims arise from the negligence or wrongful act or
omission of Lionshead or its guests, licensees, invitees, employees, agents or
contractors.
5. Responsibility for Costs of Operations, Maintenance and Repairs. Upon
commencement of work relating to the redevelopment of the Enzian Project, Enzian,
at its own cost and expense, shall operate, maintain and repair the Access Easement,
including without limitation, maintaining the Access Easement and Improvements
in good condition and free of debris, snow, ice, mud and any other potential hazard
or obstruction. Prior to commencement of such work, responsibility for operation,
Page 3of6
it
maintenance, and repair of the Access Easement and the cost thereof shall continue
to be governed by the 2004 Easement Agreement.
6. In the event of a conflict between this Agreement and the 2004 Easement
Agreement,the terms of this Agreement shall control.
7. Miscellaneous.
a. Severability. The provisions of this Agreement shall be deemed
independent and severable, and the invalidity of any one or more of the provisions
hereof, or any portion thereof, shall in no way effect the validity or enforceability of the
other provisions,which other provisions shall remain in full force and effect.
b. Governing Law and Venue. This Agreement shall be governed and
construed in accordance with the laws of the State of Colorado. Exclusive venue for
any legal action related to or arising from this Agreement shall lie in the state courts in
and for Eagle County, Colorado.
c. Non-Waiver. The failure by either Party to enforce any covenant,
condition, restriction, easement, reservation or other provision contained in this
Agreement shall in no way be deemed as a waiver of the right to do so thereafter.
d. Benefits and Burdens. The benefits, burdens and all other provisions
contained in this Agreement shall be covenants running with the land and binding
upon and inure to the benefit of the Parties and their respective heirs, personal
representatives, successors and assigns, including without limitation the owners
association for the Strata Project.
e. Further Assurances. Each Party agrees that it shall, without further
consideration, execute and deliver such other documents and take such other action
as maybe reasonably requested by the other Party to consummate more effectively
the purposes or subject matter of this Agreement.
f. Fees and Remedies. The prevailing Party in any judicial action
pertaining to the Agreement, as determined by the court, shall be awarded its
reasonable costs and expenses, including, but not limited to, attorneys' fees and
court costs. In addition to all other actions and remedies available under law or in
equity, a Party may have the provisions of this Agreement specifically enforced by
any court having equity jurisdiction, it being acknowledged and agreed that breach
of certain provisions hereof will cause irreparable injury and that money damages
will not provide an adequate remedy.
Page 4 of 6
g. Amendment. This Agreement may only be amended by a writing signed
by authorized representatives of the Parties.
.
h. Counterparts, This Agreement may be executed in counterparts, each
of which shall be deemed an original, and all of which together shall constitute one
and the same instrument and agreement and signatures may be evidenced by
electronic signature, email and/or facsimile, •
IN WITNESS WHEREOF, the Enzian Association and Lionshead have made
this Agreement as of the day, month and year first above written.
ENZIAN:
ENZIAN AT VAIL CONDOMINIUM
ASSOCIATION, INC., a Colorado nonprofit
corporation
,, ,- /
By: ! ,el
ohn Peck, r., Pre ident
. STATE OF )
) ss:
COUNTY OF )
The foregoing instrument was cknowledged before me this day of
2014, by John Peck, Jr. as Presiders of Enzian at Vail Condominium Association, Inc.,
•
a Colorado nonprofit corporation.
Witness my hand and officials 1.
• My commission expires:
oc' __Al roNotary Public
Q c,�t
6CU61A06'\11)` 11,,
[Signature blocks continue on next page] j
Page 5of6
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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State of California
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County of ,_\ _ .'t
On L ,`a`1ti bef re me, V7A f te•cvt M� iftt ".."�fti
Date y Here insert Name an Ile at the 0 mer
personally appeared Jb}}Il ��'�I `T
Namets$of STnertal
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) israre subscribed to the
within instrument and acknowledged to me that
heist-re/they executed the same in his/herireir authorized
capacity(ies), and that by his/her/their signature(s) on the
LISAROTHERMEL
instrument the person(s), or the entity upon behalf of
•+ '`• coMM.#1919990 ya which the person(s) acted, executed the instrument.
o 't' °- NOTARYPUBLIC-CALIFORNIA C
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!Pi SAN
emm.E O COUNTY r
cn �, My Comm.Bxfltroe 1-2.2025 I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS
Jr(y�)handi,,,,,
official ;SI
Signature U ,„iv, Aka
Place Notary Seal above S'one1ure at Notary I'uNi:
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Sinner's Name: Sinners Name:
O Individual 0 Individual 1
o Corporate Officer—Title(s): 0 Corporate Officer—Title(s):
O Partner—❑ Limited 0 General 0 Partner—❑Limited 0 General
AIGmRINr AIGr2rr+Iur�mPalruT
PEIOMER
O Attorney in Fact DESIGNER 0 Attorney in Fact DFSIGNEll
Top of(numb here r Trustee Top o1 thumb hate'
71 Trustee l
O Guardian or Conservator t 0 Guardian or Conservator
Ci Other: J Other.
Signer Is Representing: Sioner is Representing:
J".-.ia.Vv 'v e:' vJ:.J� '.: .'.d:.l� �. __&'W .N. `-.U` .i A•:.'J '. �' .-tl - b• -Cti._ . . .-4 .vY
P2007 National Notary Assooaron•935o De Soto Ave..P.O.Box 2402•Chatsworth.Cc 91313240 erretNaeonalNotarvDtp Item 05907 Reooe.. 'af,ot-Fre IM-6 -68r
LIONSHEAD:
LIONSHEAD INN, LLC, a Colorado limited
liability company
By:
Name: t ricin ic1rt RC)
Title: & S i {Arl"1- t:t Y\e a V`"
STATE OF COLORADO )
) ss:
COUNTY OF E.ch,
The foregoing instrument was acknowledged before me this IS day of Apr I
2014, by-Pa-Wick' o?U1'I Ho as p-of 1aitt M anage(of Lionshead Inn, LLC, a
Colorado limited liability company. c�
Witness my hand and official seal.
My commission expires:
Aye.%c ��, �
N°®R" Notar 'ub
12401,,POj
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..........CO'
Ml COMMISSION
16, 01EY.oIRES:
A
Page 6 of 6
Exhibit A
Demi Itis 1'aicel
PARCEL A_0:64�ACRES
ik portion of Let Is Welt. ?°°, Vt11f11dt1NST1l;ly1), THC RD BI N6, described as: fo(lo4vs:
l3eginni1V at:the most,northerly cot aer'bisatti 10t 1,.ztloch point is at the end pin 2.5.footxadius
nine and on the southerly right of way lint of Intentaty Ila hv<ay.No. 70;thcnet southtwc tetty
one iiid rtpitt.at;way hn, 125:00 fi t.aloin;rho am'of a.3.610 foot radios',curve to Site!di whose
central'angle.is 01°.5:7'44 and whose long;chord beare.',S 41G27'1.1." W.124.9tl feet,, thence•
23"02'46" la 21:0;$4:feet; thence S 7901:03" B:'80:94 feet to.a point on the easterly litre"of said
Lot 1 width is on the aro of n 150.foot Satins curve,thence northerly along'sttidT easterlv'litne on.
hn},tip)toWing.fOtly.Cnor ea;
01 0,00 feet along the ale of said curve to the.fe:1 v hose tentrai angle is 052'32:.':and whose
long chord bears N1,2616"Ji 17,99•fr;aq(o'it point of tatigentj
2)N2 00'W 1K5.00leettoapountofcalve).
3)4.0 )6 feet along the an:of a 125 Mot radius curve to the telt tyhOse eenirai arg(e is 18°46'.32"
and whrise tong:cho4 bears N 1.113-'16.".W 40.78 otic io at point of compriiiaci curio; and
4)Ick61 .feet along the.aro o"a 21lt of radius curio to tholeit whose centrad apsly is 9047'25"
and whose longeltoc4h atsN 66°l0.'t4"1V35,60tbettstthe:pointofbegiinning.
County of Nagle;State ofCoiotado.
?..k.f.:1),11-0,514.t1C;11 i,
That part of Trot I, Block ?,.'Vail/Ljonshe&,'l laird )tiling,acgorclii>;g tidhc Map thereof reeordecl
ln,iho OfIce tifilic 004 C'9tnity,:C0106100,Cferk°and:iteeerderc;deseribr4ris fcflhsrG"a
F3eglnning,at apdint o the liontherly right of way lint!of Intehstlt& T In hwtiy No,70 tvittn(fe th.e
inost Northerly corner of•said Lot I bears N 0429'11" t 124 9y feet,tee &tongs fid right of
way, IS0.0.1 feet along the<tre;of rt 36 0.00 toot radius tuner to 'Weft i p a ctartntl.angle of
(W21'17 and.a Chord flint bears 4 659q'41W 00.00 Teem the Northeasterly COMO of Vail
Spa'. Conclotnin uttis wording to the map, thereof recorded. tho. office Of:Eagle County,,
Ca0md0 CIc1k end itvvordor;,
fhettes1 departing said right a way.,S 73°02146' P 178.411 feet along tiro Easterly boundary of said
tgtit Spikennaontiolppts to the borihca.grerly edi roof 1 n?lan hl Vail.Condonuniwuv abet ording
-ir the Map theroof recorded fit the offiee of lhi:l agIu Cathay Clerk and Retort-1m.
ihenee :tolionvrng nine.cour ey along the Northerly, Easterly and Sontiterty boundary 41,44
.l nxlarr:atCVyyaii[Condotltinhtiuts;
ll; t.:16i1f!:C r00"h,3,111 feet;
2) S:29°03'0(7."1144:1.0 Pet; e
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3 \r 607'0011 B 21.50 lcel;
S 23'4000" 1:.:1.6: 5:re*
S•69"44'541'1.440.47£tet;
6) :7.53 lee( tilong the are.oi'a 5.,(1) .t'bo;.taaiits gittve.:tt lite ri Iit.[Laving ;i ceisthlit angle. of
0°:141.5.1"and q thot-d that;ltents 5 24°31'27"li 7.06 feet;
7) S 20'00100'\Y 19,02.ieai;
8) S.$7'50(.10"W 16St teet;
91 S 66°Y!00'' IV 114 60 feet to said'.1;3 astetly tiatindacy or Vail Spt1 C v donii tilmis;
tlterice.S21 02'46".13 17.38.:fect.Along said tsnsteily Boundary to.a eth$on thu Nortltet'ly rights)£
way lint*of ,Ves Liotishe d Cinic
tl.etaee fotloviiJ.ig:IWO enarse9alattg satd right of wny;
1)'.2497 tees s itpylg tine aro of a 20:00:foot laelin§ctn ve.to the.41a Ravin.,a central angle of
04'09'2711 and a(;hoed tlitit.heltr8 S 891 S'S PI 1370.97 feet;
2) 230 22 icet itio.ng the eye of 150.00 togs fading.curve t(1.113.E lel;laving:a tt Aral ziaaPt of
87456!19 and a r hord that beats iV 48'50'42"1.208.28 feet;
thctce nep lltins mid AM of'way N 79`101S311 W 004 feet;.lhetaee N 2S°0PE8" 1V 210.84 feet
to thepoirg:ofbegibeing:
'County of Eagle*St tite 01 C:c,lotedo.
• 15
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EXHIBIT B •
EASEMENT DESCRIPTION
A PARCEL OF LAND LOCATED WITHIN LOT 1,STRATA VAIL,ACCORDING TO THE PLAT
THEREOF RECORDED MARCH 2,2014 AT RECEPTION NO.201403458 IN THE OFFICE OF THE
CLERK AND RECORDER,COUNTY OF EAGLE,STATE OF COLORADO,BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF THE ENZIAN AT VAIL CONDOMINIUMS AS
RECORDED DECEMBER 4, 1974 AT RECEPTION No. 133690;THENCE N 66°5700"E ALONG THE
SOUTHERLY LINE OF SAID ENZIAN AT VAIL CONDOMINIUMS A DISTANCE OF 77.64 FEET
TO THE TRUE POINT OF BEGINNING;THENCE ALONG SAID SOUTHERLY LINE OF SAID
ENZIAN AT VAIL CONDOMINIUMS THE FOLLOWING(2)TWO COURSES:
1) N 66°5700"E A DISTANCE OF 36.96 FEET;
2) N 57°56'00"E A DISTANCE OF 14.87 FEET;THENCE DEPARTING SAID SOUTHERLY
LINE S 40°21'26"E A DISTANCE OF 34.34 FEET TO THE NORTHELRY RIGHT-OF-WAY LINE OF
WEST LIONSHEAD CIRCLE;THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE 50,47
FEET ALONG A CURVE TURNING TO THE RIGHT HAVING A CENTRAL ANGLE OF 19°16'38",
A RADIUS OF 150.00 FEET AND A CHORD WHICH BEARS S 55°0746"W A DISTANCE OF 50.23
FEET;THENCE DEPARTING SAID NORTHERLY RIGHT-OF-WAY LINE N 40°21'26"W A
DISTANCE OF 42.68 FEET TO THE TRUE POINT OF BEGINNING.
SAID PARCEL CONTAINING 0.045 ACRES MORE OR LESS.
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BRENT BIGGS PLS No.27598 I\yOIJA wt.t'
PREPARED FOR AND ON BEHALF OF PEAK LAND CONSULTAN
•
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• LINE TABLE SCALE. 1"=50'
LINE • LENGTH BEARING
LI 44.19' 523'03'00"E
L2 21.50' N66'57'00"E z
L3 16.55' S23'03'00"E o
L4 40.47' 569'44'54"E ,v
L5 19.02' 520'00'00"W o
0
L6 16.91' 857'56'00"W o
L7 34.34' 540'21'26"E O
L8 42.66' N40'21'26"W .
1
LOT 1 C0
STRATA VAIL 91
0
0
cP (RECEPTION No, 201403458)
Aa.
2
NW
0
N.
yr
rn, 9310
4.
\Os N66 col'OO r
C- �
o_x LZ
per_ -
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_ _--..._......... . ........ ...._. ..... .....
ENZIAN AT VAIL . .. .._. .. . ..
CONDOMINIUMS '
•
(RECEPTION No. 133690)
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p POINT OF COMMENCMENT 5 o CS �,> •
�_ EN NI N _..........
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s TRUE POINT OFC BEGINNING l ti�`5O .-- �_,./la-`ea d' '�c,//
if 9.f 56 _ s. -1p. -
CURVE TABLE _/ II. - 2'j�98 , , -
CURVE DELTA RADIUS LENGTH TANGENT CHORD CHORD BEARING /, 01%\ -/ / r /
C1 4'09'27" 289.00' 20.97' 10.49' 20.97' 589'15'51"E /fit (1S. /y' ( ��/
11 C2 94'46'27° 150.00' 248.12' 163.05' 220.78' N45'25'36"E �� IS/ ° St o
C3 18'46'32` 125.00' 40.96' 20.67' 40.78' N11'23'16'W ,1�® (,t11(.;\;.:04...."
i C4 90'47'25° 25.00' 39.61' 25.35' 35,60' N66'10'14"4! '‘\‘ ,.
C5 4'19'01° 3650.00' 275.01' 137.57' 274.94' 56616'32"W
C6 8949'15° 5.00' 7.84' 4.98' 7.06' N24'52'27"W
i C7 1916'38' 150.00' 50.47' 25.47 50.23' N55'07'46'E
EXHIBIT DESCRIPTIONtD
^,,
LOT 1, d
STRATA VAIL
T TOWN OF VAIL, EAGLE COUNTY, COLORADO
PEA(LAND CONSULTANTS,INC
Fa
en(+)Pn-nu nx(m)ns-m,e
a
DATE: 03/13/14 PLC JOB#: 1621.3 SHEET 1 of 1 M''Inn§ie "7"