HomeMy WebLinkAbout1.01 Recorded Declaration of Easement1111 'WWWWWWMIVAAISI'' I i III
Recept 1 ontt : 840619
09/12/2013 03:08:05 PM Jean Alberico
1 of 2 Rec Fee:$16.00 Doc Fee:0.00 GARFIELD COUN(v Co
DECLARATION OF EASEMENT
St
'Thiq DECLARACTION OF EASEMENT (the "Declaration") is made this 1 day of
J u 9 , 2013, by Lewis R. Thompson and Jacquelyn Thompson ("Thompson").
RECITALS
WI-IEREAS, 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 (` 1/0.12, 2o/3 as
Reception No. 1)410 ire , in the office of the Clerk and Recorder of Gailfield County (the
"Plat"); and
WHEREAS, by this Declaration, Thompson hereby desires to establish, 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.
1
When recorded, please return to:
BEATTIE, CHADWICK & HOUPT, LLP
932 COOPER AVENUE
GLENWOOD SPRINGS, CO 81 601
1111 Pii',‘ NA IOU 11111
Rece,t i onit : 840619
09/12/2013 03:06 05 Pit Jean Alberico
2 of 2 Rec Fee:$16.00 Doc fee 0:00 GARFIELD COUNTY CO
IN WITNESS WHEREOF, Lewis R. Thompson and Jacquelyn Thompson have executed this
Declaration as of the day and year first above written.
.46
By: Lewis R. Thompson
Byacg4lelyn Thompson
STATE OF COLORADO )
)ss.
COUNTY OF GARFIELD )
The foregoing instrument was subscribed to and sworn to before me this 3� day of
, 2013, by Lewis R. Thompson and Jacquelyn Thompson.
WITNESS my hand and official seal. q -
(SEAL) My commission expires: " �;,
(SEAL)
DIANE S.WILLIAMS-PERRY ?
C
STATE OF COLORADO
NOTARY ID 2000402675
Y COMMISSION EXPIRES SEPT. 11, 201
Notary Public
2
When recorded, please return lo:
BEATTIE, CHADWICK & HOUPT, LLP
932 COOPER AVENUE
GLENWOOD SPRINGS, CO 81601