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Home My WebLink About2785 and 2765 Bald Mountain Road Driveway Easement Doc.pdf / Q v _ 'fit 0 1 k 302\P e 6 59 Record at 9:00 A.M May 9 19g0 Recorder= chnn'ette '.h€illips Eagle County : •} r 1= JOINT EASEMENT AGREEMENT: AGREEMENT Made May -6th:'', .1980 , between ROBERT M. KENDALL ami GLORIA J. KENDALL, husband and wife, of Vail, Colorado, ., ,, 'hereinafter referred to as "Kendalls" -and ROBERT E. FORD, a single person, of Vail, Colorado, hereinafter referred to as "Ford" ; Kendalls and Ford hereinafter collectively referred to as "the parties" . 5 RECITALS WHEREAS, Kendalls own, in fee simple , certain real property situate in the Town of Vail , County of Eagle , State of Colorado, described as follows , to wit: _ Lot -31' Block 2 , Vail Village 13th Filing, according to the recorded plat thereof; WRER AS, ':Ford owns , in fee simple , certain real property situate in the Town o:f Vail, County of Eagle, State of Colorado, more particularly described as follows, to wit: Lot 4 , Block 2 , Vail Village 13th Filing, according to the recorded plat thereof WHEREAS, Lots 3 and 4-described above are adjacent and are bounded by a common line per the Vail Village 13th Filing Plat: .;thereof filed of record in the office of the Eagle County Clerk y and Recorder; WHEREAS, the parties have the full right, power and authority to enter into this agreement and to convey, each to the other, real .property ''interests in `the' above described property; WHEREAS , the parties desire to create a common driveway between the above described adjoining lots for the benefit of .. each of them; and to furthermore, create a` common right-of-way i for the purpose of providing and/or maintaining common utility services to both of such lots; the .aforesaid common driveway and utility right-of-way to be located and stuate' upon the following a, described' .property, to wit: That part of Lots 3 and 4 , Block 2 , Vail Village 13th Filing, Town of Vail , County of Eagle , State of Colorado, ti lying 10 feet on each side of the following described center line: commencing at the Southeast corner of said lot 4 ; thence 33.07 feet along the arc of a 500, 75 foot radius curve to the left whose central angle is 03°47 ' 03" and whose long chord bears north 69°39 ' 26" West, 33.07 feet to the point of beginning; thence North 20°34 ' 27" East 1F 12. 69 feet; thence North 51°j6 ' 46" East 69. 55 feet; thence North 07°37 ' 25" East 18 . 50 feet; thence North 24° c 07 ' 37" East 65.58 feet to the point of terminus , from whence the Northwest corner of said lot 4 bears South 32°39 ' 53" West 33.50 feet; which property is hereinafter referred to as the "common easement" ; WHEREAS , the parties desire to covenant , inter se , for the purpose of maintaining, improving, and restricting the use of o the common easement: NOW, THEREFORE , the parties covenant agree , and- convey to �..- each other in the following manner: - , 1 . 1. An easement for a common driveway and utility right-of- way in favor of Lot 3, owned by Kendalls, is created over that property hereinbefore described as the "common easement" ; and concomitantly an easement for a common driveway and utility right-of-way is created in favor of Lot 4 , owned by Ford over the "common easement" , for the purpose of creating a common driveway 20 feet in width for the benefit of both of such lots. 2 . The parties , their respective successors and assigns, shall use the rights herein granted with due regard to the . rights of all, and shall not use the common driveway or utility right-of-way in any way that would, impair the rights of the other ' party to such use; the parties agree further, that they mutually shall so maintain and operate the common driveway and right-of- way in such a manner that the operation thereof will in no hinder or preventits proper and reasonable use by both. 3. By these presents, the "common easement" shall be restricted in its use by the parties , their successors and assigns, in the following respect, to wit: A. No party, his successors or assigns , shall park any vehicle (motor or non-motor) , or place any object upon the common easement, so as to impede or obstruct acces > thereupon by the other party, his successors or assigns; and in no event, shall any party to this agree- ment, his successors or assigns, park or allow to be placed upon said common easement any recreational vehicle (RV) , camper, or trailer, as such vehicles are generically known; B. No party, his successors or assigns , shall permit any auto or motor vehicle repair or maintenance to be performed or conducted upon the common easement; C. No party, his successors or assigns, shall allow or permit any motorcycles, motor powered "go-karts" , snowmobiles, or any other motorized "off-the-road vehicle" to be parked, placed, or driven upon the common easement at any time; D. With respect to the storage or placement of garbage cans or containers upon the common easement, no party, his successors or assigns , shall place or set thereupon any garbage can (s) or refuse container(s) for a period in excess of 24 hours at any one time; and such trash cans or containers may only be placed upon such common easement on those days that it is customary for such refuse or garbage to be transported away by refuse removal services that are available. In no event shall any uncovered garbage can or refuse container be placed or set upon such common easement at any time. 4 . The respective owners of the two lots described above , their successors and assigns , shall contribute ratably on a share and share alike basis (50-50) to the cost of any materials and labor used in the repair and maintenance of said common easement (driveway or utility right-of-way) ; furthermore , such owners , their successors and assigns , shall contribute on a ratable basis , share and share alike , to the cost of snow removal from the common easement in order to allow for access to the respective lots. 5. In the event that it shall become necessary for either party, his successors or assigns , to enforceany of the provisions of this agreement , by injunction or otherwise, the prevailing party shall be entitled to his reasonable costs incurred, damages sustained, together with reasonable attorney 's fees expended. -2- y;rr, ,6 hn N'w ti Y}: x .. , $ 2 .ir . Q • W . -,:'..-,i-:-.,,' . • • • 6. This 'easement agreement :is=.superior and paramount to .the • t rights of :any of ;the :parties hereto in ;the respective servient r estates ,so :created, and the parties , •their 'successo.rs and assigns, ; further ;agree that, the provi.sions, .covenants., • and restrictions , `'' herein contained, shall run with the land. • • • . ... . . :- .• •• .• • ••:.'''..el.,:).`;,:::'..' I ; - IN WITNESS WHEREOF, the parties hereto have :'executed this agreement at Vail,•• Colorado, the, day and year first above written. ,a ti."..:.!::;•):.1s...:.•.":,... , M. Kendall. - Glo a :, � `�`. /. f ,fo •-.-i''''''...E.,:::::::.••••• ..-' •• .• • '''. ' ..... . ''. .• ••• ... .::::::•••:. .• .,,.'',,,•"`,.'.-.:.:".!,-.....-.'...: •••••,. .: ••.- • . - .•••l•'•-liVitf;_od••,:asit-,gilifiii,.ges'•••••••'.• '', •• -'....•''''....,.•;.••-•-....'•••• ......• ' .. : •••••.,! Robert E �Fo�d 7 • . STATE OF, :COLORADO. ) ;) ss.. f, .. County of• Eagle ) r >1Subscribed and s0orn to before me this 6th` day of ,Pay t, 1980, by.:Robert M.• Kendall ;and ..Gloria J. Kendall, husband and wife, and; Robert ;:E. -Ford, . a single person. Witness riiy::hand' and official seal:. . . k . My commission', expires; . c t: 4,-c:- , !,9g Notary .P: lie �� .. • - - H",,,: • 3 1W PLSS AND __ 1 �tACT _ P En easement for ingress and egress for tot 3 and Lot 4, - - h o�ct 2. Vail Village Thirteenth Filing. Town of Vail, Eagle ` 10 feet`s each sifts of the following County. Colorado. lying - aa - ' 2. a described centerlines i Coaaencing at the Southeast corner of said Lot 4; thence tie. • ,. eat• • 33,47 feet along the arc of a 500.74 foot radius enrva to the saa6' ---- -.-.1. ' left whose central angle is 03`47'03' and whose lig closed bears Y 49.39'26' V 33..07 feet to the Point of beginning; i ,*� thence N 20.34'27` E '12.69 feet; thence N 53'36'46 E 69.55 ' ,-.' feet; thence A 07'37'25` E 16.50 feat; thence N 24'157'37' I f` fi - 65.56 feet to the Point of Terminus,from whence the Northwest1 L• ' corner of said Lot 4 bears S 32 39'53' N 33.50 feet, �1 1 .4: ; CU[iVE •DATA , LOT 4 ; I CURVE ��i. .• . �. .-. c TA .4 # • �stlr4[vict#�•614.i �xi ., . •:, tLOTs- .", 4 5'00 01 43.60' 43.59' 1471'05'27'W 2 ,46' I '-.", . •' 1. te < . ' J1 i„ ® q 1 1 r g ` r 1 , - 4. 1 11 r a BALD MOUNTAIN ROAD (40 . i9 dk 4 . e F * ,p RICHARDS ENGINEERING ACCESS €ASEM�Ear FOR LO1 3and4,BLOCK2 3urlvtEr=�.�.__ SCAIE= #0♦ , C-160.*MOS.CO.O.44ODATE:10-re-x9 SHEET— K VAIL VLLAGE THIPTEENTH`FlUt46,TOWN OFVAIL,EAGLE COUNTY,COL 0. Joe 444.1:12.1111.S._ SSHEET 4+� 1