HomeMy WebLinkAboutDeclaration of Covenants and Road Sharing AgreementsIHI Wft'i1a l'i11PY,'.HIMiW.l'f.\ iftrfl1(l"."r:i~1t ~« ~·~ 11111
Re~eption~: 810276 11/03/2011 02:48 :52 PM Jean Alberico 1 of S Rec Fee:S31.00 Doc Fee:0.00 GARFJEl.D COUNTY CO
DECLARATION OF COVENANTS AND ROAID -SHAiuNG AGREEMENT
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THIS DECLARATION OF COVENANT~ and ROAI>i-SHARING
AGREEMENT is made this ~ day of J<Jo.e;., • 201 , by Glen A. Sloop/Leslie
G. Lewis (hereinafter referred to as "Declarant"), !owner of the real property described
below which property is located in Garfield Coun'-Y, Col' orado: I I
RECITALL
WHEREAS, Declarant is the sole owner 9f certain property to be known as the
Sloop/Lewis Subdivision Exemption, located in Garfiela Coun~, Colorado, and which is
more particularly depicted in Exhibit A, attached heretd and in~orporated herein by this
reference, consisting of approximately 40.57 acrek (he~inafterlreferred to as the
"Property"); and !
WHEREAS, Declarant intends to divide the Property Jto two lots, identified as
Lot 1 and Lot 2, as approximately depicted on thr1 proPQsed pl* map attached as Exhibit ~~ I .
WHEREAS, Declarant intends that Lot 1 d Lot 2 will share a common Access
Road. fro~ Garfi~l~ Co~ty Road l ~2 as depicted ' on lf1ibit A, attached hereto an&as-
e p l an-~ 1
WHEREAS, Declarant further intends a Lot l and Lot 2. may also use this same
common Access Road to provide access for Emergenc ~ and Fire Services vehicles to
~~:;::;io~~ !~vide for the installation of ant fui utilities services to either or
WHEREAS, Declarant desires to establis~ the relative rights and obligations of
the owners of Lot I and Lot 2 concerning the shBrfd ust ofthe!common Access Road and
to create easements for the existence, operation, repair and replacement of the same, and
for future installation, operation, maintenance an~ repai~ of utilities with the same;
I I I NOW THEREFORE, Declarant hereby declares
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that the Lot I and Lot 2 shall be
held, sold and conveyed subject to the following +strictions, covenants and conditions,
which are for the purpose of protecting the value and d~i.rabilibi of the Property, and
which shall run with the Lot 1 and Lot 2 and be bindin~ upon all parties having any right,
title or interest in either of those Lots, or any part thereof, their heirs, successors and
assigns, and shall inure to the benefit of each ownbr thereof.
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. I 1. Grant of Easement for Access Road. The owner of Lot 1 shall have a
perpetual non-exclusive easement fo~ feet in width, and depicted in Exhibit
A, over and across an existing un-paveCl road on Lot 2 for ingress and egress
between County Road 102 and Lot 1 ('f Acceks Road"). The Access Road
shall exist within the easement therefo and lshall ektend from the point at
which it intersects County Road 102 t the point at 1 hich it intersects the
2.
3.
western boWldary of Lot 2. To the ext~nt that such road extends east of the
point on Exhibit A labeled Lot 1, it shdll theteafter be solely owned by the
owner of Lot 1 and its improvement. ainte~ance, ]1epair shall be the sole
responsibility of the owner of Lot 1 an its T may be restricted as
determined solely by the owner of Lot 1. ,
Shared Responsibility for Maintenance a~d Costr of Access Road.
Responsibility for improvement, main nancF. and repair of the Access Road
shall be shared mutually by the owne ofL,t I aodi Lot 2 as set forth below:
a. The owners of Lot I and Lot 2 s I sh"'f all col for improvemen~
maintenance, and repair of the Ace ss Road equally. .
b. Before any such work is commenJd, thj owne~ of Lot 1 and Lot 2 shall
agree upon plans and specificatio~ for Sf ch wotk and the individual or
entity that will perform the work. The or.iers of Lot I and Lot 2 may also
agree upon a maximum cost for su4h wo~k. Th9 parties may agree upon
an alternative distribution of costs. rut any sue~ 1agreement shall be c. ::0::::7o::::g s:t:l::::::::·
the elements set forth in subpara ph a. ~bove, bither individual owner
may undertake improvements to th Access Ro~ and shall be solely
responsible for the costs thereof, e cept that neitper owner may cause the
road to be paved without the writtef coJent of the other.
d. No lot owner shall be obligated to +intti~ute tol ard road im~ovemen~
maintenance or repair Wltil such time as tpat Lo~ owner commences the
construction of a residence on his ~1 her Lot. Ati such time, however, such
Lot owner shall be responsible for ·eimbtlirsing the other Lot owner for
one half of all documented costs o imprqvements, maintenance and
repairs as the owner may have pre ousl ~ incut. ,
Grant of Easement for Utilities. The owner of Lot 1 shall also have a
perpetual non-exclusive easement fo feet fu width over and across Lot 2 (as
depicted on Exhibit A) for the purpose of i~tallation, operation, use,
maintenance, repair and replacement o~ any tltilities. This easement may be
used for this purpose so long as the util ties ~main buried beneath the Access
Road, so long as their construction and main~nancejdoes not unreasonably
interfere with the use of said Access lt~d b~ the owner of Lot 2 for an
unreasonable amount of time, and so lo g as µieir ~tallation and
maintenance is undertaken in complian witp all applicable county, state and
federal laws as may now exist or may i the future gpvem such construction.
For the purposes of this easement. the tbrm "utilitiesr shall be interpreted
broadly, and shall non-exclusively incl~de ~ter, tel~phonc, cable, electricity,
internet, and other similar connections o seri'ices cdmmonly defined as
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1111 M'f • l''11r#,',l'l'J~ I~\ ftll1'.l'l'~~~Wr.:lhl' 1-M ~·~ 11111
Reception~: 810276
11/03/2011 02:49 :52 Pl"I Jean Alberico
3 of 5 Rec Fee:S31.00 Doc Fee:0 .00 GARFIELD COUNTY CO
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5.
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8.
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''utilities". Any Lot owner installing, lain~ng or repairing utilities shall
be solely responsible after the compteJ~n ofj said work for the reconstruction
and restoration of the Access Road to tbstantially the same condition as
before said work was performed.
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Emergency Access Easement. A gen ral easement is hereby granted to all
police, sheriff, fire protection, ambularlce, arld otheti similar emergency
agencies or persons to enter upon and ~e th~ Acces~ Road in the proper
functioning of their duties in their capl1cities r or the benefit or either or both of
Lot I and Lot 2. \ ,
Covenants to run. The covenants, co?ditions and restrictions contained
herein shall run with Lot 1 and Lot 2 ]d shall bind the owners thereof, their
successors and assigns. I I
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Enforcement. This document may be fnforced by either Lot owner or any
governmental agency having jurisdicti~n over the matter, by an action for
damages or for injunctive relief to rest:qlin o~mandate any action required by
this document. Colorado law shall govfm the interpretation of this document.
Unless the parties to any dispute arising with , regard 1to this document agree to
an alternate form of dispute resolution, lvenwr for any dispute arising with
regard to this docwnent shall be in the bourts of Garfield County, Colorado.
The prevailing party in any legal actiorl to enforce this docwnent shall be
entitled to reasonable attorney's rees arid cosr . I
Amendments. This document shall b recorded in the real estate records of
Garfield County, Colorado. This doc ent rhay be amended only by the
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unanimous written consent of the owne of lLot 1 and Lot 2. No amendment
shall be effective until an instrument se · g forth such amend.men~ signed by
both Lot's owners, is recorded in the r estate records of Garfield County,
Colorado. . I
Severability. Should a Court of com tent jurisdicti on declare any provision
of this document invalid or unenforcea le, such decision shall not affect that
validity of any other provisions, which hall remain in full force and effect.
DATED: ____ _..;::~~.......,.::;.-~· 20l l
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11111r.1·~1w.·.l'l'U.rM.NI~ 1•rw.1rr.1w~ 1.""*1111 111
Reception~: 810276
11/03/2011 02 :48 :52 P~ Jean Alberico 4 or 5 Rec Fee:$31.00 Doc Fee :0 .00 GRRFIELD COUNTY CO
STATE OF COLORADO )
) SS.
COUNTY OF GARFIELD )
The foregoing Declaration was subscribed and sworn to before me this _k_ day
of -w",> ,""\JL.... , 2011, by Glen A. Sloop
Wl1NESS my hand and official seal. My commission expires: 1 f ;). g / 1 ~
Ai\tr -1;_;., L TRAUL
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State 0 1 Colorcdo
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STATE OF COLORADO )
) SS.
COUNTY OF GARFIELD )
'!}!e foregoing Declaration was subscribed and sworn to before me this L day
Of c )1JV1& , 2011, by Leslie G. Le ·s.
WITNESS my hand and official seal. My ommission expires: -, { ;is-J) Lf
AN """,:EA L -·-~UL
No!;~ I)' , F~
Stalo ti1 C,),., 1o f .
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