HomeMy WebLinkAbouteasement - utility Villa Valhalla (w exhibits) - recorded copy.pdf Eagle County,CO 201716575
Regina O'Brien 08/28/2017
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UTILITY EASEMENT AGREEMENT
THIS UTILITY EASEMENT AGREEMENT (this "Agreement") is made and entered
into this 18th day of August , 2017 by VILLA VALHALLA ASSOCIATION, a
Colorado nonprofit corporation ("Grantor"), and NORTH FIFTH LLC, A DELAWARE
LIMITED LIABILITY COMPANY; ERICKSON S. SHIRLEY; THE CHRISTOPHER B.
GALVIN REVOCABLE TRUST DATED AUGUST 26, 1971 AS AMENDED AND
RESTATED; SUN UP TRUST; THE MICHAEL P. GALVIN 2014 FAMILY TRUST U/A/D
12/17/2014; FREESTYLE I RESIDENCE TRUST AND FREESTYLE II RESIDENCE TRUST
AND MICHAEL P. GALVIN AS THEIR INTERESTS MAY APPEAR (collectively,
"Grantees" and each, individually, a "Grantee"). Grantee The Christopher B. Galvin Revocable
Trust dated August 26, 1971 shall herein be referred to as the"Managing Grantee".
WITNES SETH:
A. WHEREAS, Grantor is the common interest community association representing the
owners of condominium units (collectively, the "Owners") within Villa Valhalla Condominiums, a
condominium project ("Project") subject to the Amended and Restated Condominium Declaration for
Villa Valhalla Condominiums recorded at Reception Number 201200627 in the real property records of
Eagle County, Colorado, as amended and supplemented from time to time (the "Declaration"). The
Common Elements and Limited Common Elements of the Project, as defined in the Declaration(together,
the "Common Elements"), are owned by the Owners in common, but Grantor has the authority to grant
easement rights in the Common Elements to others.
B. WHEREAS, Grantees are the owners of certain parcels of real property located
across the Gore Creek Drive right-of-way from the Project, which properties are located in the
County of Eagle, State of Colorado and are legally described as:
LOT 7, RESUBDIVISION OF BLOCK 5, AND A PART OF
GORE CREEK DRIVE, VAIL VILLAGE, FIRST FILING;
LOT 8, RESUBDIVISION OF BLOCK 5, AND A PART OF
GORE CREEK DRIVE, VAIL VILLAGE, FIRST FILING
LOT 9, RESUBDIVISION OF BLOCK 5, AND A PART OF
GORE CREEK DRIVE, VAIL VILLAGE, FIRST FILING
LOT 10, AMENDED FINAL PLAT, VAIL VILLAGE FIRST
FILING, BLOCK 5, A RESUBDIVISION OF LOTS 9 AND 10,
ACCORDING TO THE PLAT RECORDED JULY 17, 2017, AT
RECEPTION NO. 201713646
CONDOMINIUM UNIT A AND CONDOMINIUM UNIT B,
THE TOWNHOUSE ON LOT 11, A RESUBDIVISION OF
BLOCK 5, AND A PART OF GORE CREEK DRIVE, VAIL
VILLAGE, FIRST FILING, ACCORDING TO THE
CONDOMINIUM MAP RECORDED MAY 15, 1980, IN BOOK
302 AT PAGE 835, AND ACCORDING TO THE
CONDOMINIUM DECLARATION THEREOF RECORDED
MAY 15, 1980 IN BOOK 302 AT PAGE 834, AND
AMENDMENT THERETO RECORDED SEPTEMBER 8, 1983,
IN BOOK 367 AT PAGE 745
LOT 12, A RESUBDIVISION OF BLOCK 5, AND A PART OF
GORE CREEK DRIVE, VAIL VILLAGE, FIRST FILING
(all of the above properties are collectively referred to as the
"Rowhouses", and individually referred to as a"Rowhouse").
C. WHEREAS, Grantor and Grantees have agreed that, in consideration for the
covenants contained herein, Grantor shall grant a utility easement upon a portion of the Common
Elements of the Project for the benefit of the Rowhouses as more fully described below and in
accordance with the terms and conditions of this Agreement.
AGREEMENT:
NOW, THEREFORE, for the covenants herein contained and in consideration of
payment to Grantor in the amount of$10,000.00 and other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
1. Utility Easement. Grantor hereby grants to Grantees a nonexclusive, permanent,
perpetual easement (the "Easement") over and across that portion of the Common Elements of
the Project identified as the "Described Parcel" on Exhibit A attached hereto and incorporated
herein by this reference, for the purpose of installing, using, constructing, maintaining,
improving, repairing and replacing underground utility improvements, structures and lines
(limited to electric utilities only) and related facilities and improvements, together with a right of
ingress and egress to and from the easement area and the temporary use of such additional
portions of the Common Elements as are necessary in connection with Grantees' rights to use the
Easement as provided herein. Any improvements within the Easement shall be installed, used,
constructed, maintained, repaired and replaced by Grantees at the sole cost and expense of all
Grantees and shall comply with all applicable governmental requirements.
2. No Disturbance of Existing Utilities; Restoration of Surface. Grantees shall not cause
any damage to or interference with any existing utility improvements within the Easement.
Promptly following any work within the Easement, Grantees shall return the surface of the
Easement to its condition existing immediately prior to such work, including restoration of any
landscape or other improvements, and including the repair and restoration of Grantor's heated
paver parking area that is disturbed by Grantee's work, whether located within the Easement or
within the right-of-way for Gore Creek Drive. In addition, Grantee shall complete the landscape
improvements on the Easement and adjoining areas shown on the landscape plan attached hereto
as Exhibit B.
Page 2
201716575
3. Initial Work. All work required to initially install utility facilities within the
Easement shall be conducted by Managing Grantee or its contractors, for the benefit of all
Grantees.
4. Insurance. At all times while the Easement is in effect, each Grantee shall carry and
maintain, in full force and effect, at their sole cost and expense, policies of property liability and
damage insurance in an occurrence format in an appropriate amount to provide for replacement
and liability reimbursement expenses per occurrence, including coverages for personal injury and
broad form property damage, for the Easement (the "Grantee Insurance"). The Grantee
Insurance shall provide that no cancellation, reduction in amount or material change in coverage
shall be effective except upon thirty (30) days prior written notice to Grantor. Grantor shall be
named as an additional named insured to the extent of claims based on Grantor's ownership of
the fee interest in the property encumbered by the Easement, and Grantees agree to provide
Grantor with certificates of insurance promptly following execution of this Agreement
evidencing the Grantee Insurance and thereafter upon request by Grantor.
5. Indemnification. Grantees, and their successors and assigns in the ownership of the
Rowhouses, shall indemnify and hold harmless Grantor, its successors and assigns from and
against all losses, claims, suits, rights or causes of action, damages, liability and expenses arising
from any breach of this Agreement or negligent or intentional acts or omissions of Grantees in
connection with the use of the Easement referenced herein.
6. Default and Remedies. In the event of a default by any party hereto, the other parties
shall have such remedies as are available at law and in equity to enforce the terms hereof.
Failure of a party to observe the obligations imposed by this Agreement shall make the
defaulting party liable for all or part of the costs and expenses, as the court deems just, of the
other party or parties in enforcing the terms hereof, including attorneys' fees, court costs,
expenses of suit and any other costs and expenses incurred by the non-defaulting party or parties.
7. Contribution. Each Grantee agrees with each other Grantee that, as among
themselves, each of them will bear an equal share of any loss, liability, cost, or expense,
including without limitation reasonable attorneys' fees, incurred with respect to any enforcement
by the Grantor of its rights under this Agreement, including without limitation the
indemnification obligations of Section 5 hereof(in each case, a "Liability"). If any Grantee for
any reason incurs or pays more than its equal share of any Liability (that Grantee being referred
to as a "Paying Grantee", and the excess amount being referred to as the "Extra Liability"), then
such Paying Grantee will be entitled to require each other Grantee to pay, or if payment has
already been made by such Paying Grantee, to reimburse the Paying Grantee for, such other
Grantee's equal share of the Extra Liability. If any Grantee is unable to pay its share of any
Liability (such as would be the case if such Grantee's obligations under this Agreement are
discharged in bankruptcy or if collection efforts against such Grantee have proven to be, or
would be, futile), then the liability of all other Grantees will be increased to an equal share
among only the other Grantees. If payment is not made in full within 30 days after demand, the
amount owed will bear interest at the rate of 10%per annum.
8. Covenants Running With the Land. The benefits and burdens of this Agreement will
run with the land and will bind and benefit Grantor, Grantee, and their respective successors and
Page 3
201716575
assigns (including, without limitation, any successor by foreclosure or deed in lieu thereof), so
long as any such party owns an interest in the Common Elements of the Project or the
Rowhouses. Nevertheless, the Grantees shall not expand the scope of the easement by allowing
additional use by any third party without the written consent of the Grantor.
9. Authority. The person executing this Agreement on behalf of Grantor represents and
warrants that this Agreement and the Easement granted hereby have been approved by all
requisite corporate action of Grantor, and that the undersigned is authorized to sign this
Agreement on behalf of Grantor.
10. Counterparts. This Agreement may be executed in counterpart copies which when
taken together shall evidence the entire agreement of the parties.
11. Duration. The easement, rights and obligations set forth herein shall be perpetual
from the date hereof unless terminated in accordance with the terms and conditions set forth
herein.
12. Modification; Termination. This Agreement and the easement, rights and obligations
hereby imposed may not be modified, amended, changed, cancelled or terminated in any manner
without the express written consent of the Grantor and all Grantees.
13. Partial Invalidity. If any clause or provision of this Agreement is determined to be
invalid, illegal or unenforceable, the remainder of this Agreement shall not be affected thereby,
and in lieu of such provision, there shall be added as a part of this Agreement a clause or
provision as similar in terms to such invalid, illegal or unenforceable clause or provision as may
be possible and be valid, legal and enforceable.
Governing Law. This Agreement will be governed by and interpreted in accordance with the
laws of the State of Colorado.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
INDIVIDUAL SIGNATURE PAGES FOR EACH PARTY FOLLOW
Page 4
201716575
SIGNATURE PAGE
TO
UTILITY EASEMENT AGREEMENT
GRANTOR:
VILLA VALHALLA ASSOCIATION,
a Colorado nonprofit co ation
By:
Name:
Title: !V1 q(41'r ‘,1 c C (—
STATE OF CGAOrc tO )
) ss.
COUNTY OFkc\i )
The foregoing instrument was acknowledged before me this t$f'k day of
, 2017 by: Np1A‘,.‘ t uQ as flaw..o /Acev,tof Villa Valhalla
As iation, a Colorado nanprofit corporatimn
Witness my hand and official seal.
My commission expires: (0/( of 2-011
[SEAL]`
TUNDE C.LORENTI j4,I,IA - � �( ,I(,
NOTARY PUBLIC NotaryPublic
STATE OF COLORADO
NOTARY ID 20054038359
MY COMMISSION EXPIRES 10/10/2017
201716575
SIGNATURE PAGE
TO
UTILITY EASEMENT AGREEMENT
GRANTEE (Rowhouse#7):
NORTH FIFTH LLC,A DELAWARE LIMITED
LIABILITY COMPANY
By: //tuJZ.tY-(
71.4
Name: 4/;t-Lr'4-.7 t- f=u 6
Title:
STATE OF kJ WY k—)
) ss.
COUNTY OF t1`— /wk=}-
The foregoing instrument was acknowledged before me this '6 day of -A-V-^
2017 by: wl ti(ti h'1 D_- as O tA_Ar) -e of North Fifth LLC, a
Delaware limited liability company.
Witness my hand and official seal. ,
My commission expires: 112' I '4)I
[SEAL]
CHARISSA KNOX Nota P blic
Notary Public,State of New York Notary
No.01KN6160169
Qualified in Nassau County
Commission Expires January 29,20�
201716575
SIGNATURE PAGE
TO
UTILITY EASEMENT AGREEMENT
GRANTEE (Rowhouse#8):
ERICKSON . .H ' LEY .
By: I
Print Name: -r-,G t'S Sort �Gt `-`
STATE OF ea IITPII ' a )
) ss.
COUNTY OFS uM 13rtaui )
fl,
The foregoing instrument was acknowledged before me this -7 — day of fi
2017 by: ERICKSON S. SHIRLEY. '
Witness my hand and official seal.
My commission expires:_if, pill _
[SEAL] /Of /'
Notary Public
0 NSHA TAN
r- Commission•2114088
. Notary Public-California
San Francisco County ..
M Comm.E reit Jun 5 2015
201716575
SIGNATURE PAGE
TO
UTILITY EASEMENT AGREEMENT
GRANTEE (Rowhouse#9):
The Christoo�e er B. Galvin ocable Trust
dated 26, 1'71
By:(# "fah
Christopher B.Galv. ,Trustee
STATE OF �\)00 C )
)ss.
COUNTY OF C. �� )
The foregoing instrument was acknowledged before me this i day of '1 ��C'"\j� , 2017
by Christopher B. Galvin as Trustee of The Christopher B. Galvin Revocable Trust dated August 26,
1971
Witness my hand and officialeal.
My Commission Expires: 11 l c 1'2_01-1
[SEAL]
Notary Public
Official Seal
Lisa A Crisup
Notary Public State of Illinois
My Commission Expires 11/06/2017
201716575
SIGNATURE PAGE
TO
UTILITY EASEMENT AGREEMENT
GRANTEE (Rowhouse#10):
SUN UP TRUST
By:
Name: Michael Bourdon
Title: Trustee
STATE OF <L )
aOOI� ) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this ' 711) day of ,
2017 by Michael Bourdon as Trustee of Sun Up Trust. �1
Witness my hand and official,seal.
My commission expires: 11 I ��c2O
[SEAL]
nrikiWOMPL_C*Nota Public rib
MARK mit
MMUS
Notary PuONe-SIlltNiij .is
My Commission Expires Nov0,2020
201716575
SIGNATURE PAGE
TO
UTILITY EASEMENT AGREEMENT
GRANTEE(Rowhouse#11):
THE MICHAEL P. GALVIN 2014 FAMILY TRUST U/A/D 12/17/14
By: GORE CREEK TRUST COMPANY
Its: Trustee
By: �Iipn n )
Name,— n
Title: �r-
STATE OFc&7Ll±h // , )
)ss.
COUNTY OF M,naehai , )
The foregoing instrument was acknowledged before me this / day of
, 2017 by 1// 44)14M,,v,7 as %vaj/- 3(- ',/,g,4 of GORE CREEK
TRUST COMPANY, as Trustee of THE MICHAEL P. GALVIN 2014 FAMILY TRUST U/A/D
12/17/14.
Witness my hand and official seal.
My Commission expires: w/ /c,?
[SEAL] /
116-
44 00010004 Notary Public / "
s ERICA TUPPER
s _' •UTH DAKOTA
ti" -.,,1 �/ .Gzl
201716575
SIGNATURE PAGE
TO
UTILITY EASEMENT AGREEMENT
GRANTEE(Rowhouse#12):
FREESTYLE I RESIDENCE TRUST
By: ke,,,,tauLQ ( Q/0-1/1---
Name: MiG.tvEL F, 0,41i_v f
Title: •-rk V 5 rE r--
FREESTYLE II RESIDENCE TRUST
By: ! Vt- `6.4_k 3 ,Y `1•"L�
ES ^
Name:!4 rLi-IA--F `ti Cy 4-Lu i(
Title: 7-12U5 '1'(=C:
MICHAEL P.GALVIN
STATE OF IL )
'`� ss.
COUNTY OF 00 l ) /
The foregoing instrument was acknowledged before me this 3I day of Jul\� .2017 by, I / , - ,IlV(
as Tr( S`}VC of Freestyle I Residence Trust. // n
Witness my hand and official eal.
s: ill°B�dOJ4 ,
iiiiiiiatfra- niptivaila,
otheavI Notary Public
Notary Public R- Misola ola
My ComilttsWItrotiotll 2020 )
- -- .- -- �T )ss.
COUNTY OF�O0V\ ) n/
i The foregoing instrument was acknowledged before me this 3 I day of ---714/y ,2017 by 1V� e I1vir)
as trustee of Freestyle II Residence Trust.
W'tne s d and official)seal.
co mi sion ex res: II 0 J�o2 "x 0
MKRIANil PYTEL 11/110,1414110
/� � �1 M n g
Official Seal �LG vim
Notary Public-State of Illinois Notary Public
My Commission Expires Nov- , 2020 `•
- )
/'� k )ss.
COUNTY OFWO' 1 )
The foregoing instrument was acknowledged before me this J I day of J(,U'\/ .2017 by Michael P.Galvin.
Witness my hand and offici 1 eaill. .
My commission expires: i�j0 p o`71"u
[SEAL] 741N/00U .0
Notary Public
MARIANNE pll'TEL
Official k.t,
Notary Public State OtiIlinois
2 71' 9mission Expires Nov 8.2020
EXHIBIT A
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4 tea
y
47004 '
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Si
° d
L=1.89' Sr� ��j_.TO
R=180.77 —
isSigtithsv,..140.4844A4.4444t#44;44004,4voto4
, $ 4#
' �
0=0'35'56" TAN-0.94 �►����.� ��PANCH. BRG.=S87'03'33" � � r � *►� �1`•EEKCH. LENGTH=1.89 ►baa' . , � , ' �,
#S11�,,NO.W.-;. 441 — LOT J
NORTHWEST— � '*' NI
• * BLOCK 5A, VAIL
CORNER LOT J .. � . tt ,tib, �+► i%, # �.� , VILLAGE FITH FILING
POINT OF BEGINNING \ '* � # TA •=39 X45
N00.58'02"w ► � t_11� .TH=77.08 �,
4.53' \ ' � , S,� :; =N 80'55 34 E" y,
FOUNDERS I \\Z 1 • � O
GARAGE ., .41%#"4"411s# !a ► -
iJ oOV ROOF UNEATYP)
PROPERTY_,./'-- � `**ip Ar
At ,,
LINE (TYP) \
\---
k3,4.\11
BUILDINGLLA LLINELA
tk"SS \ PROPOSED ELECTRIC CONDUIT
X3.3 FOR ROWHOUSE UNITS 7-12.
DESCRIBED 7It./ . .....
024
PARCEL Z \ 7 ' �F \
(SHADED)
O \
� \ 597j,_
N\\
7 4 � \
�I •8 �� `''�\ VILLA
=I EX WALK \ \\ VALHALLA
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afir
wAW
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' \ EXISTING TRANSFORMER
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SCALE: 1"=10' \��,,—
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LAND DESCRIPTION
A parcel of land located in the Northwest 1/4 of Section 8, Township 5 South,
20�7I � 80 West of the 6th Principal Meridian, Tawn of Vail, La- J, Black 5A, Vail .i�,� ; .� �
i age Fifth Filing, Villa Valhalla Condominiums, Eagle Caunty, Colorado being mare 1 l f�,•
�. �,
particularly described as follows: '...44 ,'• .
Commencing at the Northwest corner of Lot J. thence along the arc of a curve _ . �/ +1+f�
ta the left 1.89 feet, having a radius af 180.77 feet, a central angle af 0'35'56" �. + �
and a chard which bears 58703'33"E 1.89 feet, said arc also being the North line A• o
of Lot J and the South Right—of—Way line of East Gore Creek Drive, to the Point -4' ''''. . /.31/7"--F0
n J ,�_F
af Beginning; thence continuing along said arc ta the left 10.01 feet, having a �►+ 3r r .•
radius af 180.77 feet, a central angle af 3'10'19" and a chard which bears ,•�1�„■.+�t�•.,
588'56'40"E 10.01 feet; thence departing said curve 500'58'02"E 3.19 feet; thence
512'13'02"E 19.90 feet; thence 559'13'02"E 14.17 feet; thence 51613'02"E 17.28ps
feet; thence 573'46'58"W 10.00 feet; thence N16'13'02"W 13.34 feet; thence
N59'13'02"W 14.58 feet; thence N21'13'02"W 25.23 feet; thence N00'58'02"W 4.53
feet to the Point of Beginning.
All bearings contained herein are based an the platted bearngs contained in the _ 1 L_1=1 N
plat of The Amended Condominium Plat, Villa describedalla aCan
rcel c intums—First
WNC-
i
,70 026 33
Supplement, Reception No. 201401657. The parcel contains 0.013 acres
more or less.
70
ENGINEE
34510 HWY 6/UNIT A9 /PO BOX 97
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