HomeMy WebLinkAbout1.07 Declaration of Ingress & Egress Easement & Maintenance Agreement1111 POI 1t�M �Ni! Y3114 11fiviii,rlin O, tI 111
Receptionti• 867041
08120/2015 04 18 36 P11 Jean Albedo()
1 of 18 Rec Fee $96 00 Doe Fee 0 00 GARFIELD COUNTY CO
When recorded, return to:
GinaMarie K. Spencer
Mendelsohn Oseran & Spencer, PLC
2525 E. Broadway #201
Tucson, AZ 85716
DECLARATION OF INGRESS AND EGRESS EASEMENT
AND MAINTENANCE AGREEMENT
THIS DECLARATION OF INGRESS AND EGRESS EASEMENT AND
MAINTENANCE AGREEMENT (the "Declaration") is made as of the 18th day of August, 2015
(the "Effective Date") 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"), and agreed to by KW
GLENWOOD SPRINGS, LLC, an Arizona limited liability company ("KW Glenwood
Springs"), as to certain obligations set forth herein, with reference to the following:
A. Declarant is the owner of that certain real property situated in the County of
Garfield, State of Colorado, legally described on Exhibit A attached hereto and made a part
hereof (the "Property"). Concurrently herewith or subsequent hereto, Declarant has caused or
shall cause the Property to be legally split such that it is comprised of two (2) parcels known as:
(i) the "KW Glenwood Springs Parcel," which is known as Lot 1 and generally depicted and
legally described on Exhibit B attached hereto and made a part hereof, and which subsequent to
the recording of this Declaration, is to be conveyed via special warranty deed to KW Glenwood
Springs; and (ii) the "Eastbank Parcel," which is known as Lot 2 (as such may be further
subdivided by Declarant) and generally depicted and legally described on Exhibit C attached
hereto and made a part hereof. The KW Glenwood Springs Parcel and the Eastbank Parcel may
be individually referred to herein as a "Parcel" or collectively, as the "Parcels." The owner of the
KW Glenwood Springs Parcel, its respective successors and assigns, or the owner of the
Eastbank Parcel, its respective successors and assigns may be referred to herein as a "Parcel
Owner" or collectively, the owners of the KW Glenwood Springs Parcel and the Eastbank Parcel
may be referred to herein as the "Parcel Owners."
B. KW Glenwood Springs shall cause to be constructed a utility easement (the
"Utility Easement") and a vehicular and pedestrian ingress and egress accessway (the "Road")
for the mutual benefit of the Parcels on, over, under, across and through a portion of the KW
Glenwood Springs Parcel (the "Easement Area") as legally described and depicted on Exhibit D
attached hereto and made a part hereof.
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C. Declarant and KW Glenwood Springs (collectively, the "Parties" or individually a
"Party") desire to set forth their agreement concerning the Utility Easement, the Road and the
Easement Area. The "Permittees" (as used in this Declaration) shall mean and refer to the
Parties' respective ground lessees, tenants, employees, agents, guests, invitees, licensees,
contractors or other permittees and their respective sub -tenants, licensees, agents, guests,
employees, representatives, and invitees, but shall not include the owners (or their permittees) of
any parcel of land other than the Parcels it being expressly acknowledged and agreed by the
Parties that this Declaration is intended to be for the exclusive use and benefit of the Parcel
Owners and their Permittees.
D. KW Glenwood Springs, as landlord has entered into or shall enter into a lease
agreement (the "FXG Lease") with FedEx Ground Package System, Inc. ("FXG"), as tenant for
the lease of the KW Glenwood Springs Parcel.
NOW, THEREFORE, in consideration of the mutual covenants herein contained and for
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the Parties hereto agree as follows:
1. Declaration of Easements.
(a) Easements. Declarant hereby declares for the benefit of each Parcel
Owner and their Permittees, for the benefit of each Parcel and all portions thereof a non-
exclusive perpetual easement on, over, under, across and through the Easement Area for the
purpose of the Utility Easement and the Road (collectively, the "Easements").
(b) Run with the Land; Perpetual; No Merger. The Easements granted in
Paragraph l(a) hereof shall be covenants running with the land and shall be binding upon and
inure to the benefit of the Parcel Owners and their respective successors and assigns and
Permittees, and shall be perpetual in nature. Notwithstanding that the Parcels may be owned
from time to time by the same Parcel Owner, there shall be no merger of title and the Easements
set forth herein shall continue in perpetuity, absent the express written termination of such
Easements by all Parcel Owners, and except as provided in Paragraph 4(1) below.
(c) Construction and Maintenance. KW Glenwood Springs, at its sole cost
and expense, shall cause to be constructed the Road within the Easement Area in the location
generally depicted on Exhibit D and the dry utilities, if any, in the Utility Easement in the
location generally depicted on Exhibit D. The Road shall be constructed, maintained and
repaired to a condition to permit commercial ingress and egress by 75' tractor -trailers and to a
standard which is the greater of the FedEx specifications set forth in the FXG Lease or the
requirements of the applicable governing authority, and shall be replaced as necessary with
comparable materials as used in the initial construction. The Road may be used only for such
uses as are permitted by current or historic use rights, zoning, special use permit or other land
use approvals of the applicable jurisdiction for the Parcels. The owner of the KW Glenwood
Springs Parcel shall be responsible for the maintenance, repair and replacement in a good and
workmanlike manner of the Road (including resurfacing, cleaning, sweeping, maintaining,
repairing and making replacements to the Road) and the shared dry utilities, if any, to the extent
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not undertaken by the applicable utility company (collectively, the "Obligations"). The other
Parcel Owners shall be provided reasonable prior notice and opportunity to review any
anticipated costs to be expended, and within thirty (30) days after receipt of such notice and
information shall deliver its notice of dispute, or approval, which approval shall not be
unreasonably withheld, conditioned or delayed, provided that any expenses proposed that are
consistent with the maintenance standard herein set forth shall be deemed reasonable. The Parcel
Owners shall reimburse within ten (10) days after written demand by the owner of the KW
Glenwood Springs Parcel the expenses incurred for the Obligations undertaken from time to time
by the owner of the KW Glenwood Springs Parcel on the basis of fifty percent (50%) payable by
the owner of the KW Glenwood Springs Parcel and fifty percent (50%) payable by the owner of
the Eastbank Parcel. In the event of the further subdivision of the Eastbank Parcel, which
subdivision shall not be objected to by the owner of the KW Glenwood Springs Parcel, the
allocation of the expenses of the Obligations shall be based on the square footage of all Parcels.
Any Parcel Owner may undertake improvements to the Road, utilities in or the Utility Easement
and Easement Area, provided reasonable prior notice is delivered to the other Parcel Owners of
the scope and nature of such improvements. The other Parcel Owners and FedEx, if the FedEx
Lease is in effect, shall have the right to review and approve any such proposed work within
sixty (60) days after receipt of said notice and information, approval of which shall not be
unreasonably withheld, conditioned or delayed. All costs and expenses incurred by the
proposing Parcel Owner shall be at its own, sole and exclusive expense and in the event the
improvements undertaken increase the costs of the Obligations, such Parcel Owner shall
continue to be solely responsible for such increased costs. The construction, maintenance, repair
and replacement of the improvements shall not interfere with the use and enjoyment of the
Easements; and the Parcel Owner undertaking such work shall diligently pursue the completion
of any such construction, maintenance, repair or replacement work. It is understood that at all
times each Parcel Owner shall have unobstructed access to the Road and, if any work or
maintenance is required, at least one lane of the Road will always be available for vehicular and
pedestrian access.
(d) Use of Easements. The Easements shall be used and enjoyed by each
Parcel Owner and its Permittees in a continuous and uninterrupted manner. Any maintenance,
repair or replacement of the Road shall be conducted in such a manner as to minimize any
interference with, obstruction or delay of the conduct and operations of the business of any other
Parcel Owner and its Permittees at any time conducted on its Parcel, including, without
limitation, public access to and from said business, and the receipt or delivery of merchandise in
connection therewith. It is understood that at all times each Parcel Owner shall have
unobstructed access to the Road and, if any work or maintenance is required, at least one lane of
the Road will always be available for vehicular and pedestrian access.
(e) Insurance. Each Parcel Owner shall obtain and pay for public liability
insurance for its use of the Easement Area, in such amounts and of such types of coverage as is
reasonably necessary and adequate (but in no event less than $1,000,000.00 single limit, bodily
injury, and property damage) to protect the Parcel Owners and their Permittees. All policies of
insurance provided for herein shall name each other Parcel Owner as an additional insured or, as
applicable, insure the respective interests of the Parcel Owners.
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(f) Indemnification. Each Parcel Owner covenants to and does hereby
indemnify and hold all other Parcel Owners and their respective Permittees harmless from and
against all claims and all costs, expenses and liabilities (including reasonable attorneys' fees)
incurred in connection with all claims, including any action or proceeding brought thereon,
arising from or as a result of any accident, injury, death, loss or damage whatsoever to any
person, or to the property of any person, proximately caused by the acts of such Parcel Owner or
its Permittees and occurring on such Parcel Owner's Parcel, except to the extent of the
negligence or intentional misconduct in whole or in part of another Parcel Owner or such other
Parcel Owner's Permittees.
Each Parcel Owner covenants to and does hereby indemnify and hold the Parcel Owner
whose Parcel is subject to the Easements harmless from and against all claims and all costs,
expenses and liabilities (including reasonable attorneys' fees) incurred in connection with all
claims, including any action or proceeding brought thereon, arising from or as a result of any
accident, injury, death, loss or damage whatsoever to any person, or to the property of any
person, proximately caused by the acts of such Parcel Owner or its Permittees in the use of the
Easements, except to the extent of the negligence or intentional misconduct in whole or in part of
the Parcel Owner whose Parcel is subject to the Easements or its Permittees.
2. Remedies and Enforcement.
(a) All Legal and Equitable Remedies Available. In the event of a breach by
a Parcel Owner or its Permittees of any of the terms, covenants, restrictions or conditions of this
Declaration, the other Parcel Owners shall be entitled to full and adequate relief by injunction
and/or all such other available legal and equitable remedies from the consequences of such
breach, including payment of any amounts due and/or specific performance.
(b) Self -Help. In addition to all other remedies available at law or in equity,
upon the failure of a defaulting Parcel Owner to cure a breach of this Declaration by such Parcel
Owner or its Permittees within thirty (30) days following written notice thereof by another Parcel
Owner (unless, with respect to any such breach the nature of which cannot reasonably be cured
within such 30 -day period, the defaulting Parcel Owner commences such cure within such 30 -
day period and thereafter diligently prosecutes such cure to completion), any Parcel Owner
and/or FXG during the period that the FXG Lease is in effect shall have the right to perform such
obligation contained in this Declaration on behalf of such defaulting Parcel Owner and be
reimbursed by such defaulting Parcel Owner upon demand for the reasonable costs thereof
together with interest at the rate of eight percent (8°o) per annum (or the highest rate permitted
by applicable usury laws, if in excess thereof).
(c) Lien Rights. Any claim for reimbursement, including interest as
aforesaid, and all costs and expenses including reasonable attorneys' fees awarded to any Parcel
Owner in enforcing any payment in any suit or proceeding under this Declaration shall be
assessed against the defaulting Parcel Owner in favor of the prevailing party and shall constitute
a lien (the "Assessment Lien") against the Parcel of the defaulting Parcel Owner until paid,
effective upon the recording of a notice of lien priority with respect thereto in the Office of the
County Recorder of Garfield County, Colorado; provided, however, that any such Assessment
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Lien shall be subject and subordinate to (i) liens for taxes and other public charges which by
applicable law are expressly made superior, (ii) all liens recorded in the Office of the County
Recorder of Garfield County, Colorado, prior to the date of recordation of said notice of lien
priority, and (iii) all leases entered into, whether or not recorded, prior to the date of recordation
of said notice of lien priority. All liens recorded subsequent to the recordation of the notice of
lien priority described herein shall be junior and subordinate to the Assessment Lien. Upon the
timely curing by the defaulting Parcel Owner of any default for which a notice of lien priority
was recorded, the party recording same shall record an appropriate release of such notice of lien
priority and Assessment Lien.
(d) Remedies Cumulative. The remedies specified herein shall be cumulative
and in addition to all other remedies permitted at law or in equity.
(e) No Termination for Breach. Notwithstanding the foregoing to the
contrary, no breach hereunder shall entitle a Parcel Owner to cancel, rescind, or otherwise
terminate this Declaration. No breach hereunder shall defeat or render invalid the lien of any
mortgage or deed of trust upon any Parcel made in good faith for value, but the easements,
covenants, conditions and restrictions hereof shall be binding upon and effective against any
Owner of such Parcel covered hereby whose title thereto is acquired by foreclosure, trustee's sale
or otherwise.
3. Amendment. This Declaration may be amended, modified or terminated at any
time by an instrument in writing, executed and acknowledged by each of the Parcel Owners.
This Declaration shall not be otherwise amended, modified or terminated. During the period that
the FXG Lease is in effect, this Declaration shall not be terminated or modified in any respect
that impairs the right or increases the obligations of the owner of the KW Glenwood Springs
Parcel without the prior written consent of FXG, which shall not be unreasonably withheld,
conditioned or delayed.
4. Miscellaneous.
(a) Taxes and Assessments. Each Party covenants to pay or cause to be paid
prior to delinquency with respect to the Parcel it owns in fee, all taxes, assessments or charges of
any type levied or made by any governmental body or agency.
(b) Governing Law; Attorneys' Fees. The laws of the State of Colorado shall
govern the interpretation, validity, performance and enforcement of this Declaration. Should a
Party institute any legal action or proceeding for the enforcement of any obligations herein
contained, the prevailing Party shall be entitled to recover, as determined by the court and not by
a jury its reasonable costs and attorneys' fees incurred in the preparation and prosecution of such
action or proceeding.
(c) No Relationship of Principal and Agent. Nothing in this Declaration shall
be deemed or construed by a Party or by any third person to create the relationship of principal
and agent or of limited or general partnership or of joint venture or of any other association
between or among the Parties hereto. It is acknowledged that a Real Estate Sale and Purchase
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Agreement exists between Declarant and KW Glenwood Springs as to the KW Glenwood
Springs Parcel, pursuant to which Declarant shall cause the KW Glenwood Springs Parcel to be
conveyed to KW Glenwood Springs.
(d) Successors and Assigns. All covenants, restrictions and obligations
contained herein shall be binding upon and inure to the benefit of the Parties hereto, their
successors, assigns, heirs and personal representatives all provisions of this instrument, including
the benefits and burdens, shall run with the land. All agreements herein shall be construed as
covenants and not conditions to the fullest extent legally possible.
(e) Severability of Void Provisions. If any provision of this Declaration, or
the application thereof to any of the Parties or to any other person or circumstances, shall be held
to be invalid, void or illegal, the remaining provisions hereof, and/or the application of such
provisions to either of the Parties or to any person or circumstances other than those as to which
it is held to be invalid, void or illegal, shall nevertheless remain in full force and effect and not
be affected thereby.
(f) Time is of the Essence. Time is of the essence with respect to the
performance of each of the covenants and agreements contained in this Declaration.
(g) Sale of the Parcels. In the event of the sale of a Parcel, the selling Party
shall thereupon be entirely freed and relieved of all liability relating to such Party's covenants
and obligations hereunder arising subsequent to such sale or assignment, and the assignee or the
purchaser at such sale or any subsequent sale of such property, shall be deemed, without any
further agreement between the Parties or their successors -in -interest to have assumed and agreed
to carry out any and all of the covenants and obligations of the Parties as a Parcel Owner under
this Declaration.
(h) Interpretation. This Declaration shall be construed with the view towards
the reasonable intention of the Parties as expressed herein, without regard to the Party originally
drafting or thereafter revising same. When necessary herein, all terms used in the singular shall
apply to the plural and vice versa, and all terms used in the neuter shall apply to the masculine
and feminine genders. The title and headings of the Paragraphs hereof are intended solely for
convenience of reference and are not intended for any purposes whatsoever to modify, explain or
place any construction upon any of the provisions of this Declaration.
(i) Exhibit. Each of the exhibits referenced herein and attached hereto are
made a part of the Declaration as though set forth at length herein.
(j) Notices. Any notice to be given or served upon any Party hereto in
connection with this Declaration must be in writing properly addressed to a Party as follows and
shall be deemed to have been given (including by courier and electronic transmission), received
and served personally on the Party to whom notice was given on the second day after mailing if
mailed by first-class mail, certified or registered, postage prepaid, return receipt requested, on the
date of receipt by courier delivery, or on the date on which the e-mail transmission is sent
provided it is no later than 5:00 p.m. local time of the recipient.
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Declarant:
with a copy to:
KW Glenwood Springs:
with a copy to:
With a copy to:
Eastbank, LLC
c/o Dunrene Management, Inc., Manager
Attn: Robert Macgregor, President
710 East Durant Ave., Unit W-6
Aspen, CO 81611
Phone No.: (970) 925-9046
Email: rmac@dunrenc.com
Balcomb & Green, P.C.
818 Colorado Avenue
Glenwood Springs, CO 81601
Attn: Thomas J. Hartert
Phone No.: 970-945-6546
Email: thartertP,balcombgreen.com
KW Glenwood Springs, LLC
Attn: Kevin M. Kiernan
PO Box 979
Telluride, CO 81435-0979
Phone No.: 619-517-3535
Email: kevin@thekiernancompanies.com
GinaMarie K. Spencer, Esq.
Mendelsohn Oseran & Spencer, PLC
2525 E. Broadway Blvd., Suite 201
Tucson, Arizona 85716
Phone No.: 520-325-7500
Email: gspencer(ii,moslawvers.com
FedEx Ground Package System, Inc.
Attn: Lease Administrator #816
1000 FedEx Drive
Moon Township, Pennsylvania 15108
FAX #: (412) 859-2655
(k) No Waiver. No wavier of any default of any obligation by any Party
hereto shall be implied from any omission by another Party to take any action with respect to
such default.
(1) No Rights in Public. Nothing contained herein shall be construed as
creating any rights in the general public or as dedicating for public use any portion of the
Easement Area; provided, however, at such time as the applicable governing authority agrees to
accept the dedication of a portion of the Road as a public road, such portion of the Road may be
so dedicated by the owner of the KW Glenwood Springs Parcel without the consent of FXG, if
the FXG Lease is in effect, and the owner of the Eastbank Parcel; provided that the applicable
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governing authority accepts such portion of the Road as a public road and contiguous,
continuous and uninterrupted access to the remaining portion of the Road is inaintained.
Provided the foregoing conditions are satisfied, this Agreement shall be deemed amended to
exclude therefrom that portion of the Easement Area on which the Road is dedicated.
IN WITNESS WHEREOF, the Declarant and KW Glenwood Springs have executed this
Declaration the day and year first above written.
DECLARANT: EASTBANK,
company an
By: Di
Colorado o
By:
Name: Robe
Its: Presi
STATE OF Co (.,Q/A-D )
) ss
COUNTY OF P )
On 111l k I, 2015, before me, Nc.o(Cxy t=i ti -11 , Notary Public in and for said
county, personally al" eared Robert Duncan Macgregor, as President of Dunrene Management,
Inc., the Manager of Eastbank, LLC, who has satisfactorily identified him/her/themselves as the
ove-re •renced document.
LLC, a Colorado limited liability
ffiliates
ENE MANAGEMENT, INC., a
oration, Maria
nt
can Macgregor
ELIZABET MACGREGOR IRREVOCABLE
TRUST DATED DECEMBER 27, 2000,
a Colorado
By: Ste
n
M
st
ar
t, Trustee
aro t, Trustee
A MACGREGOR IRREVOCABLE
RUST DAT D DECEMBER 27, 2000,
a Colorado st
By: St
rolt, Trustee
arolt, Trustee
A
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID #20034024415
E<ti, c :.;U:,...... 2019
My Commission Expires: 7/2_3/2_ l ,
Name of I ry:Ong ' U—LS
� y
8
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STATE OF 6Dt-c4,tat) D )
) ss
COUNTY OF p
On , tac,LSt ; 2015, before me, t tog F , Notary Public in and for said
county, personally appeared Steven M. Marolt, as Trustee for the Elizabeth Macgregor
Irrevocable Trust Dated December 27, 2000 and the Flora Macgregor Irrevocable Trust Dated
December 27, 2000, who has satisfactorily identified him/her/themselves as the signer or witness
to the above -referenced document.
[SEAL]
I
Name o otary:
My Commission Expires: -7'T--
AUDREY ELLIS
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID #20034024415
My Commission Expires July 23, 2019
9
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0/1..Lyj 1---_ u_ts
KW GLENWOOD SPRINGS: KW GLENWOOD SPRINGS, LLC, an Arizona
limited liability company
STATE OF ARIZONA
) ss.
COUNTY OF PIMA
By: KMK FX, LLC, an Arizona limited
liability company, Manager
By: FOUR PIN LLC, an Arizona
limited liabil ty company, idem .er
By: ✓�
Keil M. Kiernan, Manager
Acknowledged before me this l _I day of tt,5t , 2015, by Kevin
M. Kiernan, Manager of Four Pine, LLC, an Arizona limited liability company, Member of
KMK FX, LLC, an Arizona limited liability company, Manager of KW Glenwood Springs, LLC,
an Arizona limited liability company, on behalf of such company.
[SEA
LEE ANN WILSON
Notary Public - Arizona
Pima County
My Commission xpires
November 20, 2017
Notary Public
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EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
A PARCEL OF LAND LOCATED IN THE SOUTH HALF OF SECTION 35, TOWNSHIP 6 SOUTH,
RANGE 89 WEST OF THE 6TH PRINCIPAL MERIDIAN, LYING NORTHERLY OF THE
CENTERLINE OF THE ROARING FORK RIVER AND SOUTHWESTERLY OF THE ROARING
FORK TRANSPORTATION AUTHORITY RIGHT-OF-WAY AND COLORADO STATE HIGHWAY
82 RIGHT-OF-WAY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTHWESTERLY RIGHT-OF-WAY OF COLORADO STATE
HIGHWAY 82, A REBAR AND CAP FOUND IN PLACE, (WHENCE THE SOUTHEAST CORNER
OF SAID SECTION 35, BEING A 3 1'4" ALUMINUM CAP, BEARS S37°44'52"E A DISTANCE OF
2075.65 FEET); TIIENCE DEPARTING SAID RIGHT-OF-WAY S33°14'47"W A DISTANCE OF
381.32 FEET TO A POINT IN THE CENTERLINE OF THE ROARING FORK RIVER; THENCE THE
FOLLOWING THREE (3) COURSES ALONG SAID CENTERLINE OF THE ROARING FORK
RIVER:
I. N72°34'38"W A DISTANCE OF 806.63 FEET;
2. S87°46'22"W A DISTANCE OF 351.38 FEET;
3. S85°12'22"W A DISTANCE OF 170.00 FEET; THENCE DEPARTING SAID CENTERLINE
N04°47'38"W A DISTANCE OF 125.00 FEET; THENCE S77°03'06"W A DISTANCE OF 249.82
FEET; THENCE S53°45'59"W A DISTANCE OF 39.00 FEET; THENCE S00°00'00"E A DISTANCE
OF 22.42 FEET; THENCE S71°38'40"W A DISTANCE OF 82.76 FEET; THENCE ALONG A
TANGENT CURVE TO THE LEFT !LAVING A RADIUS OF 745.00 FEET, A CENTRAL ANGLE OF
14°25'06", A DISTANCE OF I87.48 FEET (CHORDS BEARS S64°26'07"W A DISTANCE OF 186.98
FEET); THENCE S57°13'34"W A DISTANCE OF 178.94 FEET; THENCE S78°47'49"W A
DISTANCE OF 226.84 FEET; THENCE N76°50'20"W A DISTANCE OF 398.56 FEET; THENCE
ALONG A NON -TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 1517.00 FEET, A
CENTRAL ANGLE OF 07°17'55", A DISTANCE OF 193.24 FEET (CHORD BEARS N05°46'21 "W A
DISTANCE OF 193.11 FEET); THENCE NO2°07'30" W A DISTANCE OF 93.94 FEET; THENCE
N06°53'56"W A DISTANCE OF 199.65 FEET; THENCE ALONG A TANGENT CURVE TO THE
LEFT HAVING A RADIUS OF 636.00 FEET, A CENTRAL ANGLE OF 08°35'56" (CHORD BEARS
N12°10'22"W A DISTANCE OF 95.36 FEET); THENCE N16°28'12"W A DISTANCE OF 90.17 FEET;
THENCE ALONG A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 300.00 FEET, A
CENTRAL ANGLE OF 20°08'57", A DISTANCE OF 105.50 FEET (CHORD BEARS N24°44'53"W A
DISTANCE OF 104.96 FEET); THENCE N07°31'07"W A DISTANCE OF 197.63 FEET; THENCE
N48°20'56"E A DISTANCE OF 78.22 FEET; THENCE N27°54'09"E A DISTANCE OF 156.25 FEET;
THENCE N00°54'54"W A DISTANCE OF 126.04 FEET; THENCE N20°21'21 "E A DISTANCE OF
133.39 FEET; THENCE N 13°30'20"E A DISTANCE OF 86.17 FEET; THENCE N49°27'26"E A
DISTANCE OF 184.75 FEET TO A POINT ON THE NORTHERLY BOUNDARY OF THE SOUTH
HALE OF SAID SECTION 35; THENCE DEPARTING SAID NORTHERLY BOUNDARY
S00°07'44"E A DISTANCE OF 647.26 FEET; THENCE ALONG THE ARC OF A CURVE TO THE
LEFT HAVING A RADIUS OF 650.00 FEET, A CENTRAL ANGLE OF 130°10'09", A DISTANCE
OF 1476.72 FEET, (CHORD BEARS S65°12'49"E A DISTANCE OF 1179.01 FEET); THENCE
N49°42'07"E A DISTANCE OF 175.57 FEET; THENCE ALONG A CURVE TO TIIE LEFT HAVING
A RADIUS OF 267.79 FEET AND A CENTRAL ANGLE OF 28°41'44", A DISTANCE OF 134.12
FEET (CHORD BEARS S60°21'04"E A DISTANCE OF 132.72 FEET; THENCE N58° 17'2 I "E A
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DISTANCE OF 139.08 FEET; THENCE N84°42'25"W A DISTANCE OF 64.53 FEET; THENCE
ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 180.00 FEET AND A
CENTRAL ANGLE OF 45°28'06", A DISTANCE OF 142.84 FEET (CHORD BEARS N61 °58'22"W A
DISTANCE OF 139.12 FEET); THENCE N39° 14' 19"W A DISTANCE OF 103.87 FEET; THENCE
ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 280.00 FEET AND A
CENTRAL ANGLE OF 13°41'34", A DISTANCE OF 66.92 FEET (CHORD BEARS N32°23'32"W A
DISTANCE OF 66.76 FEET); THENCE N25°32'45"W A DISTANCE OF 127.21 FEET; THENCE
N63°33'53"E A DISTANCE OF 128.91 FEET; THENCE S71°45'24"E A DISTANCE OF 84.95 FEET;
THENCE N73°43'41"E A DISTANCE OF 277.87 FEET; THENCE S57°37'23"E A DISTANCE OF
149.86 FEET; THENCE S14°58'36"E A DISTANCE OF 142.89 FEET; THENCE S79°15'14"E A
DISTANCE OF 29.84 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A
RADIUS OF 125.00 FEET AND A CENTRAL ANGLE OF 38°04'57", A DISTANCE OF 83.08 FEET
(CHORD BEARS N8I°42'17"E A DISTANCE OF 81.56 FEET); THENCE N62°39'48"E A DISTANCE
OF 37.96 FEET; THENCE N49°00'11 "E A DISTANCE OF 20.20 FEET TO A POINT ON THE
SOUTHWESTERLY RIGHT-OF-WAY OF COLORADO STATE HIGHWAY 82; TIIENCE THE
FOLLOWING SIX (6) COURSES ALONG SAID SOUTHWESTERLY RIGHT-OF-WAY OF
COLORADO STATE HIGHWAY 82:
1. S40°59'49"E A DISTANCE OF 72.72 FEET;
2. S47°06'31 "E A DISTANCE OF 304.80 FEET;
3. S51 ° 13'28"E A DISTANCE OF 111.93 FEET;
4. S54°41'49"E A DISTANCE OF 186.78 FEET;
5. S56°02'59"E A DISTANCE OF 181.61 FEET;
6. S57° 13'24"E A DISTANCE OF 90.41 FEET TO THE POINT OF BEGINNING, SAID PARCEL OF
LAND CONTAINING 38.217 ACRES, MORE OR LESS,
12
1:Uc-o'KIERNAN\GIenwoodSpringsMacgrcgor Easement080615GMSa.docx
EXHIBIT B
DEPICTION AND LEGAL DESCRIPTION OF THE
KW GLENWOOD SPRINGS PARCEL
[see attached]
13
I:\k-o KIERNAN\GIenwoodSpringsMacgrcgor Easement030615GMSa.docx
h�
540'59'49"E
68.10'
P08
N49'00'I1"E
ag
20.20' /
N6739'48"E
37 96/6 =3804'57"
/ R =125.00'
/ L =83.08'
T =43.14'
C8=N81'42'17"E
C =81.56'
.4,
��0
St4,58}6"E
42 89.
S79'15'14'E
29.84'
LOT 1
N 57'30'58"W
4.290± Ac.
D
=73'41'34"
R =280.00'
L =66.92'
T =33.62'
C8=N32'23'32"W
Zn C =66.76'
01
1
1Y,s
mom,
LEGAL DESCRIPTION
N253� q5 �
12 59'
6 =33'05'43"
R =16900'
L =97 62'
T =50 21'
CB -58411'54"W
C -96 27'
N 79't 5' 14"W
2945'
8 =4528'06"
R =180.00'
L =142.84'
T =75.42'
CB=N61'58'22"W
C =139.12'
4n
N
V)
1
EXHIBIT B
KEY MAP
A PARCEL OF LAND LOCATED IN THE SOUTH HALF OF SECTION 35. TOWNSHIP 6 SOUTH, RANGE 89 WEST OF THE 6TH
PRINCIPAL MERIDIAN. COUNTY OF CARFIELD, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE WEST QUARTER CORNER OF SAIC SECTION 35. A STONE FOUND IN PLACE; THENCE S67'43.571 A
DISTANCE OF 2032.96 FEET TO A POINT ON THE SOUTHWESTERLY RIGHT-OF-WAY OF COLORADO STATE HIGHWAY N0. 82. TI -JE,
POINT OF BEGINNING THENCE 540'59'49"E A DISTANCE OF 6810 FEET; THENCE N57'30'58"W A DISTANCE OF 12.59 FEET;
THENCE S67'39'02"W A DISTANCE OF 82.34 FEET: THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF
169.00 FEET AND A CENTRAL ANGLE OF 33'05'43'. A DISTANCE OF 97.62 FEET (CHORD BEARS 58411'54"W A DISTANCE OF
96.27 FEET); THENCE N7915'14"W A DISTANCE OF 29.45 FEET; THENCE 55817'21"W A DISTANCE OF 323.41 FEET; THENCE
N84'42'25"W A DISTANCE OF 64.53 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 180.00
FEET AND A CENTRAL ANGLE OF 4528'06". A DISTANCE OF 142 84 FEET (CHORD BEARS N6r58'22"W A DISTANCE OF 139.12
FEET): THENCE N39'14'19"W A DISTANCE OF 103.87 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A
RADIUS OF 28000 FEET ANO A CENTRAL ANGLE OF 13'41'34 A DISTANCE OF 66.92 FEET (CHORD BEARS N3223'32"W A
DISTANCE OF 66 76 FEET), THENCE N25'32'45 W A DISTANCE OF 127 21 FEET; THENCE 746313'53"E A DISTANCE OF 128 91
FEET, THENCE S71'45'24"E A DISTANCE OF 84 95 FEE". THENCE N73'03'41"E A DISTANCE OF 277.87 FEET, THENCE
557'37'23"E A DISTANCE OF 149.86 FEET, THENCE 514'58'36-E A DISTANCE OF 142.89 FEET, THENCE 57915'14*E A DISTANCE
OF 29.84 FEET, THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 125.00 FEET ANO A CENTRAL
ANGLE OF 38'04'57', A DISTANCE OF 83.08 FEET (CHORD BEARS 1,181'42'17"E A DISTANCE OF 81 56 FEET). THENCE
N62'39'481 A DISTANCE OF 37.96 FEET; THENCE N49'00'11"E A DISTANCE OF 20.20 FEET TO THE POINT QE BEGINNING SAID
PARCEL OF LAND CONTAINING 4.290 ACRES, MORE OR LESS
HIGH COUNTRY ENGINEERING. INC.
1517 BLAKE AVENUE. STE 101
GLENWOOD SPRINGS. CO 81601
PHONE (970) 9458676 FAX (970; 945-2586
W W W.HCENG.COM
EASTBANK. LLC
GARFIELD COUNTY CO
LEGAL DESCRIPTION
LOT 1
EXHIBIT B
DRAWN BY
Lt_
SCALE
1 100
CHECKED B)'
RPK
PRO:ECI NO
2151605.00
DATE: PAGE:
9.17.15
'LE.
EXHIBIT C
DEPICTION AND LEGAL DESCRIPTION OF THE
EASTBANK PARCEL
[see attached]
14
1:1k-o`.KIERNAMGIrnwoodSprmgsMacgregor EasementO80615GMSa.docx
KEY MAP
1 =GAL DESCRIPTION
PARCEL OF LAND LOCATED IN THE SOUTH HALF OF
SECTION 35. TOWNSHIP 6 SOUTH. RANGE 89 WEST OF
THE 6TH PRINCIPAL MERIDIAN, LYING NORTHERLY AND
EASTERLY OF THE CENTERLINE OF THE ROARING FORK
RIVER AND SOUTHWESTERLY OF' THE ROARING FORK
TRANSPORTATION AUTHORITY RICHT-OF-WAY AND
COLORADO STATE HIGHWAY 82 RIGHT-OF-WAY, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTHWESTERLY
RIGHT-OF-WAY OF COLORADO STATE HIGHWAY 82, A
REBAR AND CAP FOUND IN PLACE, (WHENCE THE
SOUTHEAST CORNER OF SAID SECTION 35. BEING A 3
1/4" ALUMINUM CAP. BEARS 537'44'52"E A DISTANCE
OF 2075.65 FEET). THENCE S33'14'47"w A DISTANCE
OF' 381.32 FEET (DEED=337 42'). THENCE
N72'34'38"w A DISTANCE OF 806.63 FEET; THENCE
S87646'22"'N A DISTANCE OF 351 38 FEET; THENCE
58512'22"W A DISTANCE OF 170.00 FEET: THENCE
N04647'38"W A DISTANCE OF 125.00 FEET: THENCE
N32'02'32"W A DISTANCE OF 183.04 FEET; THENCE
ALONG THE ARC OF A NON -TANGENT CURVE TO THE
LEFT HAVING A RADIUS OF 650.00 FEET AND A
CENTRAL ANGLE OF 06'36'40". A DISTANCE OF 75.00
FEET (CHORD BEARS N53'00'27"E A DISTANCE OF
74 96 FEET); THENCE N49'42'07"E A DISTANCE OF
175 57 FEET; THENCE ALONG THE ARC OF A
NON -TANGENT CURVE TO THE LEFT HAVING A RADIUS
OF 267.79 FEET ANO A CENTRAL ANGLE OF
28'41'44", A DISTANCE OF )34.12 FEET (CHORD
BEARS 560'21'04"E A DISTANCE OF 132 72 FEET);
THENCE N56'17'21"E A DISTANCE OF 462.49 FEET,
THENCE S79'15'14"E A DISTANCE OF' 29 45 FEET;
THENCE ALONG THE ARC OF A CURVE TO THE LEFT
HAVING A RADIUS OF 169.00 FEET ANO A CENTRAL
ANGLE OF 33'05'43", A DISTANCE OF 97.62 FEET
(CHORD BEARS N84'11'54"E A DISTANCE OF 96.27
FEET), THENCE N67'39.02"E A DISTANCE OF 82 34
FEET: THENCE 557'30'58-E A DISTANCE CF 12.59
FEET; THENCE S40'59'49"E A DISTANCE OF 4.63
FEET. THENCE 547'06'31"E A DISTANCE OF 304.80
FEET; THENCE S51'13'28"E A DISTANCE OF 111.93
FEET; THENCE 554'41'49"E A DISTANCE OF 186.75
FEET; THENCE S56'02'59"E A DISTANCE OF 181.61
FEET; THENCE S57'13'24"E A DISTANCE OF 90.41
FEET TO THE POINT OF BEGINNING; SAID PARCEL OF
LANG CONTAINING 16.983 ACRES. MORE OR LESS
'o
0
L1
o
co
0
w
-co
n
u,
N
m
3 N
a N r
ca
f�
N W /
O /
S57'30'58"E
12.59'
N67'39'02"E
82.34'
LOT 2
16.983± Ac.
/ o • ,
I m /
,�T l
! M
N
A =3305'4Y ^
/ _
R =169 00'
L =97.62'
T =50.21'
C8=N84'11'54'E
C =96.27'
29 45'
ao
n =28'41'44"
R =267 79'
L =13412'
T =68 50'
C8 = 560'21'04 "E
C =132.72'
N 49'42'07"E
175 57'
6 =06'36'40"
R =650.00'
L =75.00'
T =37.54'
C8=N53'00'27"E
C =74.96'
HIGH COUNTRY ENGINEERING, INC.
1517 BLAKE AVENUE, STE 101
GLEN WOOD SPRINGS. CO 81601
PHONE (970) 9458676 FAX (970)945.2355
WWW.HCENO.COM
CASTBANK. LLC
GARFIELD COUNTY CO
LEGAL DESCRIPTION
LOT 2
EXHIBITC
DRAWN DY.
LL
SCALE
I"250'
CHECKED DY'
RPK
PROTECT NO
2151605.00
DATE. PACE
817.15 2
EXHIBIT D
DEPICTION AND LEGAL DESCRIPTION OF THE EASEMENT AREA
SITUATED ON THE KW GLENWOOD SPRINGS PARCEL
AND DEPICTION OF THE ROAD AND UTILITY EASEMENT
[see attached]
15
I:1k-a KIERNAMGIenw•oodSpringsMacgregorEasement080615GMSa.docx
S7915.14.,
29 84
aI
0
� o
0, v.
Zr
N79.1$'1q"W
29.45.
LEGAL DESCRIPTION
•
•
•
\
•\
\
6=38'04' S7
RT=t 8250 a3.0
L=
30!a "
CB C81 4258
6=33'05'43
R=1 69.00
L=97 62
Ton 50.21.
C8=S84'1 t Ss"W
C=96.27
•
•
•
•
\
KEY MAP
\ (TIE FRo. WY. CORNER SEC. 35
\ BEARS: 567'43'57"E 2032.96)
•
•
•
N49.00.1 1"E \\ ACCESS WAY FROM
20.34' COUNTY ROAD TO
LOT I
'A=5'
N57'30'58"W
12 59'
A PARCEL OF LAND LOCATED IN THE SCUTH HALF OF SECTION 35, TOwNSHIP 6 SOUTH, RANGE 89 WEST OF
THE 6TH PRINCIPAL MERIDIAN. COUNTY OF GARFIELD. STATE OF COLORADO: BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 35. A STONE FOUND IN PLACE: THENCE
567'43'57"E A DISTANCE OF 203296 FEET TO A POINT ON THE SOUTHWESTERLY RIGHT-0F—WAY QF
COLORADO STATE HIGHWAY NO. 82 THE POINT OF BEGINNING THENCE S40'59'49"E A DISTANCE OF 6810
FEET; THENCE N57'30'58"w A DISTANCE OF 12.59 FEET; THENCE S67'39'02"w A DISTANCE OF 82 34 FEET.
THENCE ALONG THE ARC OF A CURVE TO THE RICHT HAVING A RADIUS OF 169.00 FEET AND A CENTRAL
ANGLE OF 33'0543". A DISTANCE OF 97.62 FEET (CHORD BEARS 58411'54"W A DISTANCE OF 96 27 FEET):
THENCE N7915'14"W A DISTANCE OF 29.45 FEET. THENCE N1013'49"E A DISTANCE OF 44.00 FEET; THENCE
S791514"E A DISTANCE OF 29.84 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A
RADIUS OF 125.00 FEET AND A CENTRAL ANGLE OF 38'04'57", A DISTANCE OF 83.08 FEET (CHORD BEARS
N81'42.17"E A DISTANCE OF 81.56 FEET): THENCE N62'39'48"E A DISTANCE OF 37.96 FEET; THENCE
N49'00'11"E A DISTANCE OF 20 20 FEET TO THE POINT QF BEGINNING SAID PARCEL OF LAND CONTAINING
8,756 SOUARE FEET OR 0.201 ACRES. MORE OR LESS.
HIGH COUNTRY ENGINEERING, INC.
1517 BLAKE AVENUE, STE 101
GLEN WOOD SPRINGS. CO 61601
PHONE (970) 9456676 FAX (970/ 94.52555
W W W.HCRNG.COM
EASTOANK, LLC
GARFIELD COUNTY. CO
LEGAL DESCRIPTION
CR TO LOT 1 ACCESS WAY
EXHIBIT°
DRAWN BY
LL
SC.:4
I 40'
CHECKED OY
RPK
P1101 E r7r NO
215160500
OATS rAGE
9.17.15 3
I11 };