HomeMy WebLinkAboutAmendment of Easement DeedVIII kird1:17.11'I115'1I1I,trAIA'E4VIIIVIIII4'1110, 11111
Recept iond! : 870581
1111812015 01 11 43 PM Jean Alberico
1 of 4 Rec Fee $26 00 Doe Fee 0 00 GARFIELD COUNTY C?
COPY
AMENDMENT OF EASEMENT DEED
This Amendment of Easement Deed between the Park Ditch and Reservoir Company, a
Colorado ditch company and Pinyon Gulch LLC, a Colorado limited liability company, revises
the legal description for that easement conveyed to the Park Ditch and Reservoir Company by
Ce-mar-sam Co, LLLP recorded at Reception Number 799429 in the Office of the Garfield
County Clerk and Recorder as follows:
Ce-mar-sam Co, LLLP conveyed a thirty foot wide easement to the Park Ditch and
Reservoir Company over a lateral off of the Park Ditch (the "Park Ditch Lateral") as such
easement is described in the Easement Deed dated December 8, 2010 and recorded in the Office
of the Garfield County Clerk and Recorder as Reception Number 799429 on February 28, 2011
(the "Easement").
The Easement burdens the property described as Parcel Number 239323101001 by the
office of the Garfield County Assessor, with an address of 956 County Road 112, Carbondale,
CO (the "Property").
Pinyon Gulch LLC, a Colorado limited liability company, is the successor in interest to
Ce-mar-sam Co, LLLP, and is the current owner of the Property.
Pinyon Gulch LLC desires to construct a new residence upon the Property, which
residence would encroach upon the easement area.
The parties desire to amend the Easement to allow for construction of the residence upon
the property as follows:
Thirty foot (30") wide easement for access to and operation,
maintenance, repair, and replacement of the Park Ditch Lateral lying
15 feet on either side of the following described centerline, except for
that portion shown on Exhibit A, which is a 20 foot wide easement
lying 15 feet on the west and south side and 5 feet on the east and
north side of the following described centerline:
In the NE 'A NE 'A of Section 23, Township 7 South, Range 88 West of
the 66' Principal Meridian, Garfield County, Colorado,
Beginning at a point whence a brass cap found in place and properly
marked for the northeast corner of said section 23 bears N 79'50'32" E
895.40 feet; Thence S 48°17'38" W 18.48 feet; Thence S 17°43'17" W
107.96 feet; Thence S 63°4714" E 70.05 feet;
Thence S 25°39'05" E 71.70 feet; Thence S 70°55'35" E 12.51 feet;
Thence S 18°18'11" E 11.46 feet; Thence S 64°00'16" E 93.48 feet;
Thence S 88°19'42" E 56.04 feet; Thence 5 77°08'52" E 42.82 feet;
Page 1
Thence N 78°04'44" E 29.20 feet; Thence S 76°02'12" E 104.17 feet;
Thence S 88°42'02" E 47.76 feet; Thence N 72°47'21 "E 44.90 feet to a
point whence said northeast corner of section 23 bears 14 43° 16'08" E
607.88 feet.
Pinyon Gulch LLC agrees that the modification in the width of this easement
does not give Pinyon Gulch LLC any rights to change or modify the course of the Park
Ditch Lateral as it is in place.
Pinyon Gulch LLC acknowledges that Roberta Cunningham and Michael Ortiz,
Joel and Cassandra Davenport and John Roland, Manager Pinyon & Juniper, LLC,
(collectively, the "Down -Ditch Owners") convey their Park Ditch and Reservoir
Company water through the Park Ditch Lateral and own easement rights separate and
apart from the Easement amended herein. The Down -Ditch Owners consent to the
amendment of the Easement herein on the following conditions:
1. Pinyon Gulch LLC shall not work on or alter the Park Ditch Lateral in any way
as part of its development project.
2. Pinyon Gulch LLC shall be responsible for all additional operation, maintenance,
repair and replacement of the Park Ditch Lateral within the portion of the
Easement amended herein and the costs of such over and above standard
operation, maintenance, repair and replacement that arise from and/or are caused
by the development project.
3. Pinyon Gulch LLC wall indemnify, hold harmless and defend the Down -Ditch
Owners from and against any and all claims for damage that arise from and/or
are caused by the development project in relation to the Lateral Ditch including,
without limitation, any damage caused to Pinyon Gulch LLC's structures and
improvements on the property by flooding or other ditch -related incident.
Pinyon Gulch LLC also shall be responsible for the cost of any and all damage to
the Park Ditch Lateral structure and/or quality of the water conveyed therein
arising from and/or caused by the development project.
Pinyon Gulch LLC and the Park Ditch and Reservoir Company agree that the
Down -Ditch Owners' consent to this amendment does not affect or amend the Down -
Ditch Owners' easement rights in any way.
Except as so amended, the Easement conveyed to the Park Ditch and Reservoir
Company rennins unchanged.
Page 2
Park Ditch and Reservoir Company
By, Chris Broadhurst, President
Date /7 /t 6-e7 2 e9_5'"--
State
95�
State of II_
)
) ss.
County of 2c )
The foregoing instrument was acknowledged before me this 1-1 h day of November,
2015 by John Ward, Manager, Pinyon Gulch LLC.
Witness my hand and official seal.
My Commission Expires ?, - a W - aO 1 La
State of Colorado )
) ss.
County of Garfield )
OFFICIAL SEAL
NICOLE H. NIPPER
NOTARY PUBLIC - STATE CF IWNOIS
MY COMMISSION EXPIRES 3-24-2016
3sQ L'
Notary Public
The foregoing instrument was acknowledged before me this / 7
2015 by Chris Broadhurst, President, Park Ditch and Reservoir Company.
Witness my hand and official seal.
10ja-1/aU/ 9
My Commission Expires
LISA PASSMORE
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID #20034036697
My Comm selon Expires October 27.2019
Notary PJublic
73
day of November,
Page 3
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