HomeMy WebLinkAboutTab 7 Draft Declaration of EasementDECLARATION OF EASEMENT
This DECLARACTION OF EASEMENT (the "Declaration") is made this
day of , 2012, by Lewis R. Thompson and Jacquelyn Thompson
("Thompson").
RECITALS
WHEREAS, Thompson is the owner of Lot A and Lot B of the Box T
Subdivision Exemption in the County of Garfield, according to the Plat recorded
as Reception No. , in the office of the Clerk and
Recorder of Garfield County (the "Plat"); and
WHEREAS, by this Declaration, Thompson hereby desires to establishe, dedicate
and grant rights to the use of the private access driveway crossing Lot A to gain ingress
and egress to and from Lot B.
DEDICATION
1. Grant of Access to Lot B. Thompson hereby establishes, dedicates and
grants for the use and benefit of Lot B, its owners, their heirs, successors and assigns, a
non-exclusive easement upon, over and across Lot A through the "25.00' Access
Easement" depicted on Plat, exclusive of any existing improvements, for use by the
owners of Lot B, their successors, assigns, agents, employees, tenants, guests and
invitees, for access to Lot B and its existing improvements.
2. Binding Effect. This Declaration shall be recorded in the Office of the
Clerk and Recorder of Garfield County and shall run with the land and shall inure to the
benefit of and be binding upon the parties hereto and their successors and assigns.
3. Assignment. The parties may not assign their rights and obligations
hereunder to a third party without the prior written consent of the other party. The
easement created is for the sole benefit of Lot B.
4. Enforcement and Remedies. This Declaration may be enforced by
specific performance, injunctive or other appropriate relief, including damages, as may be
available according to the laws of the State of Colorado. In the event that an action is
brought to enforce this Declaration, the prevailing party shall be entitled to recover its
costs and fees, including reasonable attorney's fees.
5. Governing Law, Venue, Jurisdiction. The parties agree that venue and
jurisdiction over any claim arising from this Declaration shall lie in the courts of Garfield
County, Colorado.
IN WITNESS WHEREOF, Lewis R. Thompson and Jacquelyn Thompson have executed
this Declaration as of the day and year first above written.
1
By: Lewis R. Thompson
By: Jacquelyn Thompson
gTA OF'COLORADO
)ss.
COUNTY OF GARFIELD
The foregoing instrument was subscribed to and sworn to before me this
day o 2012, by Lewis R. Thompson and Jacquelyn Thompson.
WITNESS my hand and of -ficial seal.
My commission expires:
(SEAL)
Notary Public