HomeMy WebLinkAboutGrant of Easement and Easement AgreementC14T .S ide. su Wiais;0A
GRANT OF EASEMENT AND
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THIS GRANT OF EASEMENT ( "Agreement ") made and entered into
this 4th day of December, 2006, by and between Michael D. Young,
whose address is 1452 Buffehr Creek Road, Vail, Colorado 81657
hereinafter referred to as the "Grantor "), and David L. Cole, whose
address is 1450 Buffehr Creek Road, Vail, Colorado 81657, and
Matthew C. Dyroff, whose address is 1451 Buffehr Creek Road, Vail,
Colorado 81657 (hereinafter referred to as the "Grantees ").
RECITALS
The parties to this Agreement own lots 1, 2, and 6 Cliffside
Subdivision, Vail, Colorado and as such they desire to enter into
this Agreement regarding access to their respective lots over lot 1
Cliffside.
In addition, title to lots 1,2 and 6 Cliffside is affected by
a certain restrictive covenant document recorded January 10, 1979
in Book 280 at Page 60a of the records of the Eagle County Clerk
and Recorder, Eagle, Colorado. The parties hereto desire to
terminate this restrictive covenant document and have this
Agreement replace it.
WITNESSETH THAT
1. For good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the Grantor sells and
conveys unto the Grantees, without warranty of title, its
successors, assigns and personal representatives, a perpetual non-
exclusive easement for ingress and egress over and across the real
property more particularly described as the Access Easement on the
Second Amended Final Plat of Lot 1 Cliffside (the "Access
Easement's). This easement will also include the right of Grantees
to use the Access Easement for purposes of bringing utilities to
their respective property. In the event that washouts, erosion or
other natural causes require a relocation of some portion of the
road, Grantor shall have the right to relocate the road in a
reasonable manner on Grantor's property, and the expense for such
work shall be borne by the Grantor and Grantees, their successors
or assigns.
2. This easement is for the benefit of and appurtenant to
that land described as Lot 2 and Lot 6 Cliffside, and shall inure
to the benefit of the Grantees' heirs, successors, assigns, and
personal representatives, subject to the conditions and limitations
set forth herein.
3. Grantees' use of the Access Easement shall be limited to
the normal use associated with ingress and egress to each Grantee's
property, and Grantees' rights hereunder may not be expanded to
serve more dwellings than the Town of Vail will allow to be built.
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4. All costs associated with the Easement Area, including
insurance, maintenance, repairs and snow removal shall be borne
equally by the owners of Lots 1,2 and 6 Cliffside. The decisions of
Grantor, his successors or assigns, regarding the necessity for
reasonable repair and maintenance needed to the Access Easement
shall be binding. Grantees will pay for the costs of repairs,
maintenance or snow removal directly to the service provider or to
the Grantor, as the case may be, within fifteen (15) days of such
notice.
If any Grantee or any assigns of such Grantee fail to
perform fully and completely any duty or obligation imposed upon
or assumed under this Agreement, then the non- defaulting party,
after fifteen (15) days prior written notice to the defaulting
party, may cure such default. The defaulting party, its
successors or assigns, shall reimburse the non - defaulting party
for all costs, attorneys fees and expenses incurred by the non -
defaulting party in curing such default, together with interest
thereon at the rate of one and one -half percent (1.5 %) per month
until paid in full, promptly after demand for reimbursement by
the non - defaulting party. Any such outstanding costs shall
constitute a lien upon the lot of the owner failing to pay, and
such lien shall be enforceable in the same manner as a general
mechanic's lien pursuant to Colorado law.
S. Any damage to the Access Easement caused by the act,
omission or negligence of a Grantee, his employees, guests or
invitees shall be promptly repaired at the sole cost and expense of
the Grantee causing such damage. If such damage is not promptly
repaired Grantor may repair the damage at his sole cost and expense
and collection of such costs may be enforceable as set forth in
section 4 above.
6. Grantees' use of the Access Easement shall not be
exclusive, and Grantor and Grantor's heirs, successors, assigns,
personal, representatives, guests and invitees shall have an equal
right to the use of the Access Easement for any purpose not
inconsistent with Grantees' full use of the rights hereby granted.
7. Any liability for personal injury to Grantees, their
employees, agents and invitees, or any third persons, as a result
of or arising out of or relating to the use or occupancy of the
Access Easement by Grantees shall be borne by Grantees and each
Grantee agrees to indemnify and hold Grantor harmless as to same.
Further, the Grantees, their successors or assigns, agree to
indemnity and hold harmless the Grantor, his successors and
assigns, against any loss or damage which should result from, arise
out of or be attributable to the use of the Access Easement by
Grantees, whether or not such use is permitted hereunder.
8. The Access Easement grant is without warranty of title
and is subject to all prior encumbrances, easements, restrictions,
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reservations, and rights -or -way affecting Grantor's property.
9. All notices zequired or provided in this Agreement, if
hand delivered, shall be deemed to have been given and received
on the date hand delivered to the party receiving the same. If
the United States mails are used, notice of same shall be sent
certified or registered mail, return receipt requested, postage
prepaid and shall be deemed to have been given and received on
the third business day from the date deposited in the United
States mails addressed as follows:
To Michael Young: 1452 Buffehr Creek Road
Vail, CO 81657
To David Cole: P.O. Box 5555
Vail, CO 81658
To Matthew Dyroff: 2033 11 Street 6
Boulder, CO 80302
Each party shall have the right to designate a different address
for the receipt of notices other than that set forth above,
provided the party's new address is contained in a written notice
given to the other parties.
IN WITNESS WHEREOF, the Grantor and Grantees have exeGUted
this Easement Agreement as of the date set forth above.
GRANTOR:
Michael D.
GRANTEES:
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State of Colorado )
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County of Eagle )
The foregoing was acknowledged before me this day of
2006 by Michael D. Young.
My commission expires: 121)q jpj _—
Witness _m ,h a iaz}s ; official seal .
NOTARY F'UBUI C
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State of Colorado
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County of Eagle )
The foregoing was acknowledged before me this �` day
of er , 2006 by David L. Cole.
My commission expires: /0 -/7- 9
Witness my hand and official seal.
NLLIAM J. BALZANO
NOTARY PUBLMC Notary Public
STATE OF COt..ORAM
My Co •,:.. :,,yam
State of Colorado }
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County of
The fore oing was acknowledged before me this 11� day
of I - — , 2006 by Matthew C. Dyroff
My commission expires: j '�i2 - Zt)l U
Witness my hand and official se 1.
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Notary Public
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