HomeMy WebLinkAbout1.06 Declaration of Access Easement, Cost Sharing & Maintenance111111PirgilaMA'i
Reception#: 867040
08/2042015 04 18 36 PM Jean Alberico
1 of 7 Rec Fee $41 00 Doc Fee 0 00 GARFIELD COUNTY CO
DECLARATION OF ACCESS EASEMENT,
COST SHARING AND MAINTENANCE
Compau
Copy E0
THIS DECLARATION OF ACCESS EASEMENT. COST SHARING AND
MAINTENANCE ("Declaration") is made effective as of the Ir -day of Nt.&(ous j ,, 2015 by
EASTBANK, LLC, a Colorado limited liability company, the ELIZABETH MACGREGOR
IRREVOCABLE TRUST DATED DECEMBER 27, 2000, a Colorado trust, and the FLORA
MACGREGOR IRREVOCABLE TRUST DATED DECEMBER 27, 2000, a Colorado trust
(collectively "Declarant"), with reference to the following:
A. Declarant(s) are the co -tenant owners of that certain real property legally described as:
Parcel 2A
Eastbank Parcel 2 Lot split according to the plat thereof recorded on January
18, 2012 as Reception No. 813402 in the Offices of the Garfield County Clerk
and Recorder; and
B. Said Parcel 2A utilizes certain historic access to and from the public road, Garfield
County Road 154, via an existing, unpaved but improved private road and;
C. Parcel 2A has been or is being subdivided pursuant'to the approvals of Garfield County
into three (3) separate legal lots to be identified as Lot 1, Lot 2 and Lot 3 of the Eastbank Minor
Subdivision in accordance with a plat thereof to be recorded, a depiction of which is appended
hereto as EXHIBIT A ("Eastbank Minor Subdivision"); and
D. As established by the Eastbank Minor Subdivision, Lot 2 and Lot 3 shall utilize the
aforementioned historic County Road 154 access and the existing roadway, with certain
additional extension and improvements as described herein, for purposes of ingress and egress,
as depicted by the Eastbank Minor Subdivision plat and a more specifically described and
depicted upon EXHIBIT B as appended hereto and incorporated herein ("30' Access
Easement"); and
E. Declarant desires to establish the 30' Access Easement and provide for certain
covenants regarding use of the sane with respect to cost sharing and maintenance.
NOW THEREFORE, in consideration of the establishment of use rights and interests and
covenants herein contained, and for other good and valuable consideration, the receipt and sufficiency
of which are acknowledged, the Declarant hereby establishes:
1. Declaration of Easement. The Declarant hereby declares for the benefit of Lot 2 and
Lot 3 of the Eastbank Minor Subdivision and their permittees, a non-exclusive easement on,
over, under, across and through the Lot 2 parcel as defined by the 30' Access Easement
depicted and described by EXHIBIT B for the purpose of legal and physical ingress and egress
access (the "Easement").
UPON RECORDING RETURN TO:
Balcomb & Green, P.C.
ATTN: Thomas J. Hartert
P.O. Drawer 790
Glenwood Springs, CO 81602
2. Scope of Easement. The Easement is limited for use as ingress and egress to and from
Lot 2 and Lot 3 for current and existing purposes including vehicular and pedestrian access
rights. Declarant may permit similar access rights across Lot 2 to adjoining existing land
parcels by separate agreement. However, any further subdivision of Lot 2 or Lot 3 or increase
in governmentally approved uses by parcels utilizing the Easement for access shall require the
approval of Declarant, or its successors and assigns, as owner of Lot 2, which may be
conditioned by relocation and additional improvements to the road and Easement in
Declarant's discretion or as may be required by any development approvals granted by Garfield
County, Colorado and related governmental entities with jurisdiction over such future uses.
3. Maintenance. Modifications and Repair. The Owner of Lot 2 shall complete all
improvements to the Easement and shall maintain the road thereon, including snow removal,
and related activities and shall be responsible for keeping the Easement and road in good state
of repair which shall be adequate to allow for its unimpaired use for the beneficiaries thereof.
4. Costs Borne by Lot 2. The owner of Lot 2 shall maintain the road within the Easement
in good repair on a year-round basis, including but not limited to snow removal and repair of
erosion. The owner of Lot 2 shall be responsible for all costs related to the road, including but
not limited to: constriction, operation, maintenance, snow removal, repair or upgrade.
Notwithstanding any other provision hereof, should the road be damaged (beyond ordinary
wear and tear) by any action which is attributable to the owner of Lot 3, such as by the use of
heavy construction equipment, then the owner of Lot 3 shall, at is sole expense, promptly repair
all such damage.
5. Indemnification. Each of the owners of Lot 2 and of Lot 3 agrees to indemnify and
hold the other harmless from and against all expenses, claims, damages, losses, and liabilities
of every nature (including, for example, reasonable attorney fees and all costs and expenses of
any litigation) incurred or asserted against the said owner or its agents, arising from or related
to any personal injury, property Toss, or loss, damage, or injury of any other kind incurred as a
result of such owners or its permittees use of the road pursuant to the Easement granted in this
Declaration.
6. Runs with the Land. The provisions of this Declaration shall constitute covenants
running with Lot 2 and Lot 3, and shall bind and benefit the parties and their respective heirs,
successors, personal representatives and assigns.
7. No Merger. It is the intent of Declarant that the doctrine of merger shall not operate
upon the rights granted by this Declaration.
8. Attorney Fees. In any legal action concerning this Declaration, the prevailing party
shall be entitled to recover its reasonable attorney fees and costs, in addition to any other
available remedy. The court presiding over such action shall determine the extent to which
either party is entitled to such fees and costs.
9. Governine Law. This Declaration shall be governed by and interpreted in accordance
with the law of the State of Colorado.
l 0. Modification. Declarant retains the right to supplement, alter or amend this Declaration
at any time that Declarant remains the fee title owner of Lot 2 and Lot 3. From and after the
conveyance of either Lot 2 or Lot 3, any modification hereto shall be effective only upon the
execution of all owners with an interest herein.
IN WITNESS WHEREOF, Declarant has established the within Easement and covenants
related thereto, and executed this Declaration on the date first above set forth.
DECLARANT(S):
Eastbank, C, a Colorado limited liability company
By Dunr n Management, Inc., a Colorado corporation as its Manager
By:
Name: R b Macgregor
Its: Pre dent
uncap
ELIZABETH MAC REGOR IRREVOCABLE TRUST dated December 27, 2000, a
Colorado trust
By:
. . da t
t ,/~arolt, as Trustee
40,,
By:
R IRREVOCABLE TRUST dated December 27, 2000, a Colorado trust
it n arolt, as Trustee
STATE OF COLORADO
COUNTY OFP ITV. (1J
Subscribed and sworn before me this 1 D day of f\ -t -k. L t , 2015 by Robert Duncan
Macgregor as President of Dunrene Management, Inc., the Mana
Witness my hand and seal.
M' commission expires: 7 / a-3 L2 I `l
AUDREY ELLIS
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID #20034024415
My Commission Expires July 23, 2019
STATE OF COLORADO
COUNTY
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ss.
)
r of Eastbank, LLC.
A -Lt 111,-;
ary Public
t l; n,�
Subscribed and sworn before me this Ix day of r_� <<s • , 2015 by Steven M. MaroIt
as Trustee of the Elizabeth Macgregor Irrevocable Trust dated Member 27, 2000, a Colorado trust.
Witness my hand and seal.
Iy coinrAWAIREYpErti.1
NOTARY PUBLI
STATE OF COLORADO
NOTARY ID #20034024415
My Commission Expires July 23, 2019
STATE OF COLORADO
COUNTY OF 7
) ss.
)
Notary Public
flf
Subscribed and sworn before me this ko day of 4LL5 r , 2015 by Steven M. Marolt
as Trustee of the Flora Macgregor Irrevocable Trust dated Decehrber 27, 2000, a Colorado trust.
Witness my hand and seal.
My commission expires: 1/94)-01°1
AUDREY ELLIS
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID #20034024415
My Commission Expires July 23, 2019
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EXHIBIT A
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EXHIBIT B
30' ACCESS EASEMENT DESCRIPTION (=STING ROAD)
SITUATED IN THE S1/2 OF SECTION 35, TOWNSHIP 6 SOUTH, RANGE 89 WEST OF THE
SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO
POINT OF BEGINNING
TIE FROM W. 1/4 SEC. 35:
S69'36'06"E 3600.94'
LOT
F.AS THANK LLC
MINOR 5Uf3
(PROPOSPD.
L!)T 1
CAS -THANK .1
ti11NOF. Si IR
i r'P Tiro;;- : 1
N85'77'32'W
53.51'
e - 25136'41
R = 250.00
L = 109.57
08 - 58159'07"W
C = 108.69
239'25'47'W
18.98'
e - 24'44'06'
R = 250.00
L - 107.93
C8 - N81'47'50'E
C - 107.09
30'
1S
j50'07'W
189.91'
e = 26'34'46'
R = 700.00
L - 324.73
CB = 580'52'30"W
C - 321.83
PARCEL 1
FAST8AN LrsPOr
'W
3.82
r.
81756
45.00
52.07
C8 - N7028'54'E
C = 49.21
N76'22'08'W
149.11'
16'27'
= 200.00
- 105.68
C8 - S8829'39
C - 104.45
S'731'25'W l
26.41' I/
•
- 111'03'
600.00
221.84
C8 - 683'56'57"W
C - 220.58
1 .83 4
O
1
30' ACCESS
EASEMENT
e=12348
- 700.00
- 17.06
C8 - 566'53'13'W
C=17.06
POINT OF TERMINUS
TIE TO W. 1/4 SEC. 35:
N551 8.43"W 2433.53'
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HIGH COUNTRY ENGINEERING, INC.
1517 BLAZE AVENUE, STE 101
GLENW OOD SPRINGS, CO 81601
PHONE (970) 9458676 FAX (970) 9452355
W W W.HCENG.COM
EASTSANK LLC
EJOSTING ROAD
ACCESS
DRAWN OY.
F H
CCALE
1"-200'
CHECKED err PRO.ECTND:
2151007.00
DATE 'ADC'
02.2415 2OF2
TILE
1 - h__ - 1 • till 4t E4.4 •'5I • 1 .1
SITUATED IN THE S1/2 OF SECTION 35, TOWNSHIP 6 SOUTH, RANCE 89 1VEST OF THE
SEM PRINCIPAL MERIDIAN. COUNTY OF GARFIELD, STATE OF COLORADO
30' ACCESS EASEMENT DESORPTION
(DOMING ROAD)
A STRIP OF LAND SITUATED IN TME S1/2 OF SECTION 35, TOWNSHIP 8 SOUTH. RANGE 89 WEST OF THE SIXTH
PRINCIPAL MERIDIAN. COUNTY OF GARr'1ELD, STATE OF COLORADO; SAM EASEMENT CROSSING A PORTON OF
PARCEL 21, OF THE EASTBANK PARCEL 2 LOT SPUT MD LYING 15.00 FEET TO EACH SIDE OF THE FOLLOWING
DESCRIBED CENTERUNE:
COMMENCING AT TRE WEST QUARTER CORNER OF SAID SECTION 35, A STONE FOUND IN PLACE; THENCE
58916'06•E A DISTANCE OF 3,600.94 FEET TO A POINT IN THE CENTERUNE OF AN COSTING ROAD, 5N0 POINT
ALSO BONG ON THE SOUTHERLY RIGHT-OF-WAY OF COUNTY ROAD N0. 154 714E POINT Of BEGINNING. THENCE
LEAVING SND RIGHT-OF-WAY S3719'58'W ALONG SATO CENTERUNE A DISTANCE OF 3.82 FEET; THENCE
CONTINUING ALONG SAID CENIERUNE ALONG THE MC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 45.00
FEET ANO A CENTRA,. ANGLE OF 6617'56-, AN DISTANCE Cf 52.07 FEET (CHORD BEARS 57026'54'W A
DISTANCE OF 49.21 FEET); THENCE CONTINUING ALONG SAID CENTERUNE N7622'08•W A DISTANCE OF 149.11
FEET; THENCE CONTINUING AIDING SAID CENTERLINE ALONG 1NE ARC OF A CURVE 70 THE LEFT HAVING A
RADIUS OF 200.00 FEET AND A CENTRAL A40LE OF 3016'27. AN DISTANCE OF 105.68 FEET (CHORD BEARS
58629'39'W A DISTANCE OF 104.45 FELT); THENCE CONTINUING ALONG SAID CENTERLINE S73'21'25'W A
0I57*CE OF 26.41 FEET; THENCE CONTINUING ALONG SAID CENTERUNE ALONG THE MC OF A CURVE TO THE
RIGHT HAVING A RADIUS OF 600.00 FEET MND A CENTRAL ANGLE OF 2711'03', AN DISTANCE OF 221.64 FEET
(CHORD BEARS 55356'55.W A DISTANCE OF 220.58 FEET); THENCE CONTINUING ALONG 5A10 CENTERUNE
N8527.32'W A DISTANCE OF 53.51 FEET; THENCE CONTINUING ALONG SND CENTERUNE ALONG THE ARC OF A
CURVE TO THE LEFT HAVING A RADIUS OF 250.00 FEET AND A CENTRAL ANGLE OF 2508'41', A4 DISTANCE OF
109.57 FEET (CHORD BEARS 581'S9'07W A DISTANCE OF 100.69 FEET); THENCE CONTINUING ALONG SAID
CENTERUNE 56925'47W A DISTANCE Of 18.98 FEET; THENCE CONTINUING ALONG SAID CENTERUNE ALONG DIE
MC OF A CURVE TO 114E RIGHT HAVING A RADIUS OF 250.00 FEET AND A CENTRAL ANGLE OF 2444'06'. AN
DISTANCE OF 107.93 FEET (CHORD BEARS 581'47.50'W A DISTANCE OF 107.09 P001): THENCE CONTINUING
ALONG SAID CENTERUNE 965'50'07'W A DISTANCE OF 169.91 FEET; THENCE ALONG THE ARC OF A CURVE TO
THE LEFT HAVING A RADIUS DF 700.00 FET AND A CENTRAL ANGLE OF 2514'46', A4 DISTANCE OF 324.73
FEET (CHORD GEMS S8052'30'9 A DISTANCE OF 321.83 FEET); THENCE LEANING SAID CENTERUNE
143202'32•W A DISTANCE OF 194.63 FUT TO A POINT ON THE SOUTHERLY BOUNDARY OF PARCEL 1 OF THE
EASTBAMK LOT SPLIT; THENCE LEAMNG SAID BOUNDARY 53202'32'E A DISTANCE OF 194.63 FEET TO A POINT
19 THE CENTERLINE OF SAID ROAD; THENCE ALONG CONTINUING ALONG SND CENTERLINE ALONG 114E ARC OF A
NON -TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 700.00 FEET AND A CENTRAL ANGLE OF 0123'48'.
AN DISTANCE DF 17.06 FEET (014091) BEARS 56653'13'W A DISTANCE OF 17.06 rcro TO A POINT ON THE
MOST SOUTHEASTERLY BOUNDARY OF PARCEL 28 OF THE EASTBANK PARCEL. 2 LOT SPOT, TI+E PONT OF
MANUS. (WHENCE THE 15E57 WARTIER CORNER OF SAID SECTION 35 BEARS 145618'4314 A DISTANCE CF
2433.53 FEET).
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