HomeMy WebLinkAbout4284 easement agreement Corbett.pdf EASEMENT DEED AND AGREEMENT
THIS EASEMENT DEED AND AGREEMENT(the "Agreement") is made to be
effective this 2nd day of July, 2014, by and between Jeremy Harman and Julia Harman, whose
address is 4284 Columbine Drive, Vail, Colorado (together, "Grantee") and Kevin Reidy
("Reidy"), whose address is 4284 Columbine Drive#A, Vail, Colorado, and Eileen B. Thurnauer
and Hugh Thurnauer Jr. (together, "the Thurnauers")whose address is 4284 Columbine Drive
#B, Vail, Colorado, Corbett D. Whitton and Tonia L. Whitton (together, "the Whittons") whose
address is 4284 Columbine Drive#F, Vail Colorado, and Christopher A. Gunion and Anne
Fehlner Gunion (together, "the Gunions") whose address is 4284 Columbine Drive #E, Vail
Colorado. Reidy and the Thurnauers are sometimes referred to herein as the "Grantors". The
Whittons and the Gunions are sometimes referred to herein as the "Parcel C Owners".
RECITALS:
A. Grantee is the owner of that certain parcel of real property located in Eagle County,
Colorado, more particularly described as:
Parcel D, a Resubdivision of Parcels C and D, Streamside Duplexes, according to the Plat
recorded November 30, 1984 in Book 401 at Page 193, County of Eagle, State of
Colorado (the "Grantee Property").
B. Reidy is the owner of that certain parcel of real property located in Eagle County,
Colorado, more particularly described as:
Unit A, together with an undivided one-half interest in and to Common Parcel A, Final
Plat, a Resubdivision of Parcel A, Streamside Townhouses, according to the Plat thereof
recorded February 6, 1992 in Book 572 at Page 244, County of Eagle, State of Colorado
(the "Reidy Property").
C. The Thurnauers are the owners of that certain parcel of real property located in Eagle
County, Colorado more particularly described as:
Unit B, together with an undivided one-half interest in and to Common Parcel A,Final
Plat, a Resubdivision of Parcel A, Streamside Townhouses, according to the Plat thereof
recorded February 6, 1992 in Book 572 at Page 244, County of Eagle, State of Colorado
(the "Thurnauer Property").
D. The Whittons are the owners of that certain parcel of real property located in Eagle
County, Colorado more particularly described as:
Parcel F, and a one-half undivided interest in and to Common Parcel C, a Resubdivision
of Parcels C and D, Streamside Duplexes, according to the Plat thereof recorded
November 30, 1984 in Book 401 at Page 193 as Reception NO. 297481, County of Eagle,
State of Colorado (the"Whitton Property").
E. The Gunions are the owners of that certain parcel of real property located in Eagle
County, Colorado more particularly described as:
Parcel E, and a one-half undivided interest in and to Common Parcel C, a Resubdivision
of Parcels C and D, Streamside Duplexes, according to the Plat thereof recorded
November 30, 1984 in Book 401 at Page 193 as Reception NO. 297481, County of Eagle,
State of Colorado (the"Gunion Property").
F. As depicted on that Final Plat and Townhouse Map of Streamside Duplexes recorded
September 26, 1980 in Book 310 at Page 68 and Resubdivision recorded November 30,
1984 in Book 401 at Page 193, a certain portion of a 20' utility and access easement
("Existing Easement") extends from the southernmost corner of Streamside Duplexes
Unit D, Vail, Colorado, which property is owned by Bradley and Angela Korch,
southward to the Grantee Property. The Existing Easement is depicted as "Utility and
Access Easement on Exhibit A attached hereto.
G. Grantee has requested an easement over a portion of the property known as Common
Parcel A, a Resubdivision of Parcel A, Streamside Townhouses, according to the Plat
thereof recorded February 6, 1992 in Book 572 at Page 244, County of Eagle, State of
Colorado ("Common Parcel A"), which is owned jointly by the Thurnauers and Reidy,
for the purposes of constructing and using a driveway to the Grantee Property and
landscaping in and around the driveway.
H. Reidy and the Thurnauers are willing to grant such an easement to Grantee on the terms
and conditions set forth in this Agreement.
The Whittons and the Gunions join in this Agreement for purposes of entering into
certain agreements with Grantee related to the use and maintenance of the Existing
Easement.
NOW, THEREFORE, in consideration of TEN AND NO/100 DOLLARS ($10.00) and
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, Reidy and the Thurnauers do hereby grant and convey to Grantee an easement
across their respective properties on the terms and conditions set forth herein:
1. Grant of Easement. Reidy and the Thurnauers hereby jointly grant and convey to
Grantee an easement (the "New Easement") upon, over and across Common Parcel A, for
use by Grantee, its successors and assigns (including, but not limited to, subsequent
owners of the Grantee Property), and Grantee's agents, employees, tenants, guests and
invitees, for the purposes of: constructing, maintaining, repairing, and replacing a
driveway; use of the driveway for vehicular and pedestrian access to Columbine Drive;
and planting, maintaining, removing, and replacing landscaping and related
improvements, including a concrete drainage pan; subject to the terms,conditions and
provisions hereinafter set forth.
2. Acknowledgement of Existing Easement. The Whittons and the Gunions acknowledge
and agree that the Existing Easement exists and is not abandoned,vacated, or otherwise
affected by this Agreement. However, Grantee agrees that the area located to the east of
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Grantee's driveway within the Existing Easement shall only be used for improvements
identified on Exhibit B attached hereto and incorporated herein by this reference and by
utility providers for underground utilities. Grantee's maintenance and upkeep obligations
shall be limited to the new improvements identified on Exhibit B, as well as any future
new improvements as may be agreed upon by Grantee and the Parcel C Owners, at
Grantee's sole cost and expense. To the extent such new improvements adversely impact
the current natural and/or improved state to the east of Grantee's driveway, as reasonably
determined by Grantee and the Parcel C Owners, Grantee shall be responsible, at its sole
cost and expense, for returning such state to its original condition and/or mitigating the
impact through alternative measures, as reasonably agreed upon by Grantee and the
Parcel C Owners. Other than the new improvements identified on Exhibit B, the Parcel C
Owners agree,to maintain all improvements located within the Existing Easement to the
east of Grantee's driveway, at the Parcel C Owners' sole cost and expense, and to remove
or alter same only upon the reasonable agreement of Grantee and the Parcel C Owners.
3. Location of Improvements. The location of the New Easement is shown on the attached
Exhibit A as a hatched area, identified as the "New Easement created by this Easement
Deed and Agreement". The improvements to be constructed by Grantee to facilitate its
use of the New Easement and the Existing Easement are generally described and depicted
on Exhibit B attached hereto and incorporated herein by reference.
4. Term. The term of the New Easement shall be perpetual.
5. Non-interference. Grantee agrees not to use the New Easement in a manner which is
inconsistent with the provisions of this Agreement or which unreasonably interferes with
Reidy's or the Thurnauers' use or enjoyment of their respective properties.
Notwithstanding the foregoing, however, Grantee shall be entitled to close the New
Easement for a reasonable period of time to facilitate maintenance of and repairs to the
improvements located in the New Easement.
6. Maintenance and Upkeep. Grantee shall be solely responsible for maintaining, repairing,
resurfacing, cleaning, sweeping, snowplowing, and otherwise preserving the
improvements located in the New Easement, and shall pay all costs and expenses
associated therewith.
7. Indemnification. Grantee, its successors and assigns, shall indemnify and hold harmless
Reidy and the Thurnauers, their respective 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 or negligent acts or intentional acts or omissions of Grantee
in connection with the use of the New Easement referenced, unless caused by the
negligence or intentional acts or omissions of Reidy or the Thurnauers or both of them.
8. Subsequent Owners. The New Easement is appurtenant to the Grantee Property and the
rights, benefits and burdens arising hereunder shall run with the Grantee Property, shall
be binding upon and inure to the benefit of the owner thereof and their heirs, assigns,
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successors and personal representatives. The rights, benefits and burdens arising
hereunder may be transferred, assigned or conveyed with the Grantee Property, but in no
event shall any interest in the New Easement or any of the rights, benefits or burdens
arising hereunder be conveyed or assigned separate or apart from the Grantee Property.
Upon the transfer of the Grantee Property by Grantee or by any future owner of the
Grantee Property, the liability for performance under this 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.
9. 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,the prevailing party in any such action shall be entitled to recover, in opA
addition to any monetary damages or injunctive or other equitable relief otherwise
awarded, all reasonable costs incurred in connection therewith, including attorneys' fees i
and all court costs.
10. Modification; Termination. This Agreement may not be modified, terminated or ° rur'PiLSA
otherwise amended without the written consent of , • - • . •. . _ • . - •. • _- (or
their respective successors or assigns), except that in the case of modification or
amendment, where fewer than all such parties are obligated or benefitted by the proposed
modification or amendment, this Agreement may be modified or amended by the express
written consent of only the parties who are obligated or benefitted by the modification or
amendment.
11. 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
the State of 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.
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IN WITNESS WHEREOF, the parties have caused this Easement Deed and Agreement
to be executed as of the day and year above set forth.
GRANTEE: T W f 1I'I.,I�'GN{S
Ige
Jeremy Harman Cor ett D. Whitton
Julia Harman Tonia L. Whitton
REIDY THE THURNAUERS
Kevin Reidy Eileen B. Thurnauer
THE GUNIONS
Hugh ThurnauerJr.
Christopher A. Gunion
Anne Fabler Gunion
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STATE OF COLORADO )
) ss:
COUNTY OF )
The foregoing Easement Deed and Agreement was acknowledged before me on this
day of , 2014 by Jeremy Harman and Julia Harman.
WITNESS MY HAND AND OFFICIAL SEAL.
My Commission expires:
Notary Public
STATE OF COLORADO )
) ss:
COUNTY OF )
The foregoing Easement Deed and Agreement was acknowledged before me on this
day of , 2014 by Kevin Reidy.
WITNESS MY HAND AND OFFICIAL SEAL.
My Commission expires:
Notary Public
STATE OF COLORADO )
) ss:
COUNTY OF )
The foregoing Easement Deed and Agreement was acknowledged before me on this
day of , 2014 by Eileen B. Thurnauer and Hugh Thurnauer Jr.
WITNESS MY HAND AND OFFICIAL SEAL.
My Commission expires:
Notary Public
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STATE: OF COLORADO )
) ss:
COUNTY OF Pal; \ e )
The forgoing Easement Deed and Agreement was acknowledged before me on this
),)1�day of , ill , 2014 by Corbett D. Whitton and Tonia L. Whitton.
WITNESS MY HAND AND OFFICIAL SEAL.
NOTARY PUBLIC 1
STATE OF COLORADO
NOTARY ID#2008039872 ,-'
MY COMMISSION E%PIRES JUNE 27,2015 ��y , 4 ,
Notar Public
STATE OF COLORADO )
) ss:
COUNTY OF
The foregoing Easement Deed and Agreement was acknowledged before me on this
day of , 2014 by Christopher A. Gunion and Anne Fehlner Gonion.
WITNESS MY HAND AND OFFICIAL SEAL.
My Commission expires:
Notary Public
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