HomeMy WebLinkAbout19.0 Easements1111 14% 10;1404411K114114iLHli11111
Recept ionic: 788884
07/22/2010 09:45:41 AM Jean Alberico
1 of 7 Rao Fee:$41.00 Doc Fear0.00 GARFIELD COUNTY CO
WHEN RECORDED, RETURN TO:
Louis LaGiglia
4002 County Road 115
Glenwood Springs, CO 81601
EASEMENT GRANT
This EASEMENT GRANT is made between SPRING VALLEY HOLDINGS, LLC, a Delaware
Limited Liability Company, whose address is c/o Daniel Goldberg, Seligman Westem Enterprises,
Ltd., 600 Montgomery Street, 40th Floor, San Francisco, CA 94111 as Grantor (hereinafter Spring
Valley), and LOUIS LAGIGILIA, whose address is 4002 County Road 115, Glenwood Springs, CO
81601-9020 as Grantee (hereinafter LaGigilia).
RECITALS:
A. LaGigilia owns an undivided 25% interest in the BR Hopkins Spring as decreed on
March 20, 1975 In Case No. W-2395, Water Division No. 5, with an appropriation date of May 15,
1930 (the Hopkins Spring),
B. The Hopkins Spring is located on property owned by Spring Valley.
C. LaGigilia owns the property described in that certain deed recorded in Book 783 at
Page 680, Reception No. 414649, Garfield County, Colorado (the LaGiglia Property), which
property was at one time served with water from the Hopkins Spring via a pipeline. The original
pipeline has been inoperable for several years, and is no longer in existence. The original pipeline
alignment traverses property owned by third parties. Reconstructing the pipeline along its original
alignment would require disrupting improvements made by third parties on property owned by them.
D. Spring Valley desires to develop its property as the Spring Valley Ranch P.U.D. As a
condition of approval for the development of its property, the Board of County Commissioners, in
Resolution No. 2008-56, recorded in the office of the Clerk and Recorder of Garfield County as
Reception No. 747016, set forth the following condition of approval:
24.0 Subject to the terms hereof, the Applicant shall provide a nonexclusive
easement to allow for the conveyance of water piped from the BR Hopkins Spring
located on Spring Valley Ranch PUD property to a point where the water from the
BR Hopkins Spring is used on the LaGigilia property. The easement is not required
to follow the historic pipeline corridor and it can be relocated to a preferred location
mutually agreed to by the parties who have a right to the BR Hopkins Spring and
any property owner whose property the new pipeline may cross. This easement to
the BR Hopkins Spring shall be designed to allow access to the spring of an
adequate width in order to perform improvements to and maintenance on the spring
and any portion of a pipe conveying water. This easement shall be depicted on the
final plat for review. Further, the Applicant shall be required to present the terms of
the easement to the Planning Department for review at final plat and then
subsequently recorded in the Office of the County Clerk and Recorder and cross
referenced by reception #, book and page on the final plat.
■III 11:111 inklitiZN .I.AZWllinIMIAM1I.4, 11111
Reception#: 788884
07/22128100g:45:41 !1N Jean Alberice
2 of 7 Roo Fee:$41.00 Ooo Fee:0.00 GARFIELD COUNTY CO
Easement Grant
Page 2
E. In satisfaction of said condition of approval, Spring Valley desires to grant to
LaGigilia a non-exclusive easement to allow for the conveyance of water piped from the BR
Hopkins Spring located on Spring Valley Ranch PUD property to a point where the water from the
BR Hopkins Spring can be .used on the LaGigilia property,
NOW, THEREFORE, in consideration of the performance of the agreements and conditions
herein and for other valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the following grants, agreements, covenants and restrictions are made:
Grant of Easement. Spring Valley, subject to the reservations, terms, obligations
and conditions herein, grants to LaGigilia, as an easement appurtenant to the
LaGiglia Property, a non-exclusive easement (the Easement) for ingress and
egress and for the construction, operation, maintenance, repair and replacement of
an underground water line from the Hopkins Spring to the LaGigilia Property,
located over, under and across the corridor situate in Section 28, Township 6 South,
Range 88 West of the 6th Principal Meridian, as shown and described on Exhibit A
attached hereto (hereafter Easement Premises).
1. Limitations on Rights Granted. This grant of Easement is without covenant of title
and is subject and subordinate to a reservation of the prior and continuing right of Spring Valley to
ail other uses of the Easement Premises, all of which may be done at any time by Spring Valley
without liability to LaGigilia or to any other party for compensation or damages, so long as Spring
Valley does not unreasonably interfere with LaGlgilia' exercise of the Easement. This Easement
Grant is subject and subordinate to all existing leases, licenses, permits, claims of title,
encumbrances orother interests and as may in the future be renewed or extended by Spring Valley.
2. Use of Easement Premises. Use of the Easement Premises is limited to the
conveyance by gravity through an underground waterline of LaGigilia's 25% interest in the BR
Hopkins Spring as decreed on March 20, 1975 in Case No. W-2395, Water Division No. 5, with an
appropriation date of May 15, 1930. Such use shall not be expanded except by written permission
of Spring Valley.
3. LaGigilia's Improvements. LaGigilia shall be responsible for the construction,
operation, repair and maintenance of the waterline on the Easement Premises for LaGigilia' use
thereof, and shall furnish material for, and construct, repair and maintain the waterline, and shall
keep the Easement Premises and the waterline in a good state of repair at the sole cost and
expense of LaGigilia. LaGigilia shall have a temporary construction license over adjacent portions
of the Easement Premises as reasonably necessary for construction of the waterline. LaGigilia
shall provide general supervision of all construction and repair activities. LaGlgIlla shall not enter
upon the Easement Premises for the purpose of constructing, reconstructing, repairing or replacing
the waterline, except in cases of emergency when work is necessary to avert personal injury or
damage to property, without first providing proof of insurance as required herein. Before
commencing any work on the Easement Premises, LaGigilia or its contractor shall notify Spring
Valley, in writing at least ten (10) days in advance, of the description of proposed work and the date
on which LaGigilia or its contractor expects to begin such work. Upon completion of all work,
LaGiglia shall revegetate and restore the Easement Premises and all other disturbed ground to a
condition reasonably similar to the condition that existed prior to such work.
ail filY�l�hl hF���l>�l�Pi�4�l 'f,l��l l4�d Ii I N��� �f 111
Reception13; 788884
07122/2010 09:48:41 RM Jean RLberico
3 of 7 Rec Fee:$41.00 Doc Fee:0.00 GARFIELD COUNTY CO
Easement Grant
Page 3
4. Maintenance and Repairs. LaGigilia shall maintain and keep in a safe condition,
make necessary or proper repairs, or reconstruct as necessary the waterline constructed by
LaGigilia on the Easement Premises. Upon LaGigilia' failure to perform such maintenance or
commence any such repair or reconstruction, Spring Valley shall have the right, if it so elects, to
make such maintenance or repairs within fifteen (15) days after notice to LaGigilia, or in an
emergency without notice. In the event Spring Valley elects to maintain, repair or reconstruct the
waterline on the Easement Premises, LaGigilia shall reimburse Spring Valley for its costs for such
maintenance, repair or reconstruction as Spring Valley reasonably deems necessary, within
thirty (30) days of being billed for such work. The right of Spring Valley to maintain, make repairs or
reconstruct the waterline on the Easement Premises shall not relieve LaGigilia from responsibility to
Spring Valley or to other persons for the failure of LaGigilia to properly maintain, repair or
reconstruct such improvements.
5. Liens. LaGigilia shall pay in full all persons who perform labor on the Easement
Premises for LaGigilia and will not allow any mechanics' or materialmen's liens to be enforced
against Spring Valley's premises for work done or materials fumished at LaGigilia's instance or
request. if any such liens are filed thereon, LaGigilia agrees to remove the same at LaGigilia's own
cost and expense and to pay any judgment which may be entered thereon or thereunder. Should
LaGigilia fail, neglect or refuse so to do, Spring Valley may pay any amount required to release any
such lien or liens, or to defend any action brought thereon, and to pay any judgment entered
therein, and LaGigilia shall be liable to Spring Valley for the payment of any such liens or judgment
and all costs, damages; and reasonable attorneys' fees, and any other amounts expended in
defending any such proceedings.
6. Protection of Drainage. Any and all cuts and fills, excavations or embankments
necessary in the maintenance or future alteration for LaGigilia's use of the Easement Premises
shall be made and maintained in such manner, form and extent as will provide adequate drainage
of the Easement Premises and adjoining lands; and wherever any such fill or embankment may
obstruct the natural and pre-existing drainage from such lands, LaGigilia shall construct and
maintain sufficient culverts or drains as may be required to accommodate such natural and
pre-existing drainage.
7. Protection of Existing Facilities. LaGigilia shall bear the cost of protection, relocation
or reconstruction of any and all fences, telephone or telegraph poles, underground communication
cables, utilities or other facilities, made necessary by the construction, use, operation, maintenance
or repair of the waterline to and on the Easement Premises.
8. Environmental Protection. LaGigilia shall, at its expense, comply with all applicable
laws, regulations, rules and orders regardless of when they become or became effective, Including,
without limitation, those relating to health, safety, noise, environmental protection, waste disposal,
and water and air quality, and furnish satisfactory evidence of such compliance upon request of
Spring Valley regarding the construction of the waterline on the Easement Premises. Should any
discharge, leakage, spillage, emission or pollution of any type occur upon or arise from the
Easement Premises as a result of LaGigilia's use, presence, operations or exercise of the rights
granted hereunder, LaGigilia shall Immediately notify Spring Valley and shall, at LaGigilia's
expense, clean ail property affected thereby, to the reasonable satisfaction of Spring Valley (insofar
■III flWdPh IAA1411#h,Q4i1�4t�IKhF?�'I 'W�l���IN�� 11111
Recepticnit; 788884
07/22(2010 49:46,4i Fe:4eOoo E. m00GARFIELD COUNTY CO
Easement Grant
Page 4
as the property owned or controlled by Spring Valley is concerned) and any governmental body
having jurisdiction in the matter. Spring Valley may, at its option, clean Spring Valley's property of
such discharge referred to above; and If Spring Valley elects to do so, LaGigilla shall pay Spring
Valley the reasonable cost of such cleanup promptly upon the receipt of a bill therefor. LaGigilia
agrees to release, indemnify and defend Spring Valley from and against all liability, cost and
expense (including, without [Imitation, any fines, penalties, judgments, litigation costs and attorneys'
fees) incurred by Spring Valley as a result of any such discharge, leakage, spillage, emission or
pollution by LaGigilia, unless such liability, cost or expense is proximately caused by the
negligence, recklessness or willful act of Spring Valley, its officers, agents, employees or
contractors.
9. Insurance Requirements. Prior to commencing any work on the Easement
Premises, LaGigilia shall require any contractor retained by LaGigilla to perform any work on the
Easement Premises to procure and maintain, at the contractor's expense, Comprehensive General
Liability Insurance (including automobile) of a reasonable amount, to be maintained during the
period of any construction activities to insure Spring Valley. Such Insurance policy shall contain no
provisions excluding assumed contractual liability or indemnity; and said policy shall specifically
reference this Easement Grant and its indemnity provisions, shall name Spring Valley as an
additional insured, shall contain no exclusion of any personal injury or death or damage to property
sustained by any directors, officers, agents, attorneys or employees of Spring Valley (except for
their own negligence, recklessness or willful acts). LaGigilia shall furnish Spring Valley with
certificates of insurance and a copy of the policy evidencing such insurance to be in full force and
effect and containing a provision that same will not be canceled without at least thirty (30) days'
advance written notice by the insurance carrier to Spring Valley.
10. Indemnity. LaGigilia shall at all times protect, Indemnify and save harmless Spring
Vailey from any and all claims, demands, judgments, costs, expenses, and all damage of every kind
and nature made, rendered or incurred by or on behalf of any person or corporation, including
attorneys' fees and court costs in any manner due to or arising out of any injury to or death of any
person, or damage to property of any person or persons, including the parties hereto and their
officers, agents, attorneys and employees, in any manner arising from or growing out of the use of
or the failure to properly construct, operate or maintain the waterline constructed by LaGigilia on the
Easement Premises. Nothing contained herein shall constitute an indemnity by LaGigilia of Spring
Valley for any negligence, recklessness or willful acts of Spring Valley, its contractors, agents or
employees.
11. Default. LaGigilia's commencement of work or activity on the Easement Premises
shall be deemed an acceptance of the terms and conditions of this Easement Grant. If LaGigilia or
Spring Valley shall fail to keep and perform any of the conditions, stipulations, covenants and
provisions of this Easement Grant to be kept and performed by them, the non -defaulting party shall
be entitled to such damage or remedy as may be available at law or in equity, including an action to
require specific performance, and shall also be awarded its reasonable costs, attorneys' fees and
expenses. Any waiver or failure by a party to timely enforce its rights for any breach of any
condition shall not impair the rights of such party arising from such breach to enforce such rights at
a later time or to avail itself of its rights under any subsequent breach of the same or any other
condition. Without limiting Spring Valley's right to seek a formal Judicial declaration of
abandonment, in no event shall Spring Valley be entitled to terminate or limit use of the Easement
11111irdZiteANIMM11410411CilitilikflitilliP1
e7/22,2010 89:45:41 AM Jean Alberico
5 of 7 Rao Fea:$41.00 Doc Fee:0.00 GARFIED COUNTY CO
Easement Grant
Page 5
as a remedy for LaGigilia's default of any condition, stipulation, covenant or provision of this
Easement Grant.
12. Binding on Successors; Assignment. The covenants, stipulations and conditions of
this Easement Grant shall extend to and be binding upon the parties hereto, their successors and
assigns; provided, however, that LaGigilia's obligations under this Easement Grant may only be
enforced against LaGigilia or its express assigns.
IN WITNESS WHEREOF, Spring Valley and LaGigilia have executed this Easement Grant as of the
last date set forth below.
STATE OF ('4-ufgAi (,
COUNTY OF 2-2471) ii c )
GRANTOR:
SPRING VALLEY HOLDINGS, LLC,
a Delaware Limited Liability Company
By;
Dani" • • erg
Authors - s Agent
SS.
Al tCE FCNIi NO
1r Commission * 1871888
Notary Publk - Callfornia
z � �
San Francisco County
M Comm. E>f fires Dec 17, 2013
The foregoing Easement Grant was subscribed, sworn to and acknowledged before me by
Daniel Goldberg as Authorized Agent of SPRING VALLEY HOLDINGS, LLC, a Delaware Limited
Liability Company, this 20day of "'it'''. , 2010.
Witness my hand and official seal.
[SEAL]
My commission expires: 3--/e.. r 7 • (3
Notary Public
1111K `ja tf l � l �f rt �fw�l��l l� �J 11
Reeoption#: 7888a4
87 of 272010 Rec Fee:$41 O Doc4Fee:A0 00IGARFIELD COUNTY CO
Lagiglla
Property
O
pct ❑
Proposed Waterline
Easement (1739.09)
Lagiglia
Residence
Proposed Waterline
Easement (253.161
P1
4.3
Spring Box
Location
UT
OSP PARCEL -8
EL
dee
GRAPHIC SCALE IN FEET
I M.. 403 itIET
COMMON BOUNDARY OF
P1 & OSP PARCEL -A
EXHIBIT A
Waterline Easement
DATE MMr 5.2010
SHEET: 1 of f I PROJECT: 0124142
I
DRAWN BY:
GIRD BY: 1L0
DRAWING: FNOwRdlaglik WLwrneS291 iW5.hy
DIRECTORY: E.t01141511.2001 FYI Pad H.FdJ.fl McflWandiw lemma,
GAMBA
fSOOfll„ff
OSP PARCEL -A
Spring Valley Ranch
P.U.D.
GAMBA & ASSOCIATES, INC.
CONSULTI NO a NOIN VCRS a< LAND SURVEYORS
6670/P4421150 Www.OAMOACNa IN
,
1111 11% Hi4LIN 1111
Reception#: 788884
07/22/2010 09:48:41 RM Jean Filberioo
7 of 7 Rec Fee:$41.00 Doo Fee:0.00 GARFIELD COUNTY CO
NON-EXCLUSIVE PRIVATE UNDERGROUND WATERLINE EASEMENT
A private non-exclusive easement for the construction, operation, maintenance, repair
and replacement of an underground water line for the transportation of a 25% interest
(12.5 g.p.m.) in and to the BR Hopkins Spring water right as decreed on March 20, 1975
in Case No. W-2395 in the Water Court in and for Water Division No. 5 for 0.11 c.f.s.
(50 g.p.m.), for delivery of water for domestic, pond, stock watering and irrigation
purposes on, and for the benefit of, that certain property described in the deed recorded
in Book 783 at Page 680, Reception No. 414649, and for no other purpose or property,
and subject to the terms and conditions of that certain Easement Grant recorded as
Reception No.788(ge /in the records of Garfield County, Colorado, said easement
being 10 feet on each side of the following described centerline:
1. Beginning at a point whence the West Quarter Corner of Section 28, Township 6
south, Range 88 west, of the 6th Principal Meridian bears 5 11°33'50" W a distance of
1178.97 feet; thence N 47°30'34" W a distance of 253.16 feet to a point on the
southerly right-of-way of Garfield County Road 115 whence the NW Corner of Section
28, Township 6 south, Range 88 west of the 6th Principal Meridian bears N 00°0700" E
a distance of 1257.71 feet.
2. Beginning at a point on the southerly right-of-way of Garfield County Road 115
whence the NE Corner of Section 29, Township 6 south, Range 88 west of the 6th
Principal Meridian bears N 30°54'51" E a distance of 1096.84 feet; thence 5 82°52'22"
W a distance of 459.66 feet; thence N 65°17'33" W a distance of 202.48 feet; thence N
64048'20" W a distance of 575,23 feet; thence N 68°19'11" W a distance of 201.51 feet;
thence N 63028'49" W a distance of 124.54 feet; thence N 75°35'05" W a distance of
51.06 feet; thence N 36°01'18" W a distance of 59.59 feet; thence N 53°58'47" W a
distance of 42.97 feet; thence S 83°46'42" W a distance of 22.05 feet to a point on the
East property boundary of land described in the Garfield County Clerk and Recorders
office at Book 1466 Page 480; whence the North Quarter Corner of said Section 29
bears N 40°35`11" W a distance of 686.55 feet.
1110 WHEN RECORDED, RETURN TO:
Daniel Goldberg
c/o Seligman Western Enterprises, Ltd.
600 Montgomery Street, 40th Floor
San Francisco, CA 94111
EASEMENT GRANT
This EASEMENT GRANT is made between SPRING VALLEY HOLDINGS, LLC, a
Delaware Limited Liability Company, whose address is c/o Seligman Western
Enterprises, Ltd., 600 Montgomery Street, 40th Floor, San Francisco, CA 94111
("SVH"), and the LANDIS CREEK METROPOLITAN DISTRICT NO. 1, a Colorado
Special District, whose legal address is c/o Miller Rosenbluth, 100 17th Street, Suite
2200, Denver, CO 80202 ("District").
RECITALS:
A. SVH is the owner of parcels of land dedicated for open space purposes,
and for road purposes, which are designated as OSP Parcel A, OSP Parcel B, OSR
• Parcel A, OSR Parcel B, and Highgrange Pass Road Right -of -Way, located in Phase 1,
Spring Valley Ranch PUD, Garfield County, Colorado, according to the Plat thereof filed
with Garfield County Clerk and Recorder as Reception No. (the
"Property").
B. SVH is the owner of Lot P-1, located in Phase 1, Spring Valley Ranch
PUD, Garfield County, Colorado, according to the Plat thereof filed with Garfield County
Clerk and Recorder as Reception No. ("Lot P-1").
C. The District is responsible to provide certain facilities and services to and
within the Spring Valley Ranch PUD.
D. SVH will convey the Property to the Spring Valley Ranch Community
Master Association, Inc., a Colorado non-profit corporation, but in order to allow the
District to properly perform its obligations desires to first convey to the District certain
easements over, under, through and across the Property and Lot P-1.
NOW, THEREFORE, in consideration of Ten Dollars and the performance of the
agreements and conditions herein and for other valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the following grants, agreements,
covenants and restrictions are made:
1
•
•
•
Easement Grant
Page 2
1. Grant of Easement. SVH, subject to the reservations, terms, obligations
and conditions herein, grants to the District, as an easement appurtenant to the Spring
Valley Ranch PUD, non-exclusive easements (the "Easements") more particularly
described as follows:
a. Utility, drainage, irrigation and access easements as described in Section 9.5 of
the Master Declaration of Covenants, Conditions and Restrictions for Spring
Valley Ranch P.U.D., over, under, through and across OSP Parcel A, OSP
Parcel B, OSR Parcel A, and OSR Parcel B, for the purpose of the installation
and maintenance of utility, irrigation and drainage facilities, including but not
limited to, water lines, sewer lines, drainage culverts, drainage detention
structures and related facilities, together with the right to trim interfering trees and
brush; with perpetual right of ingress and egress for installation and maintenance
of such lines and facilities. Such easements and rights shall be utilized in a
reasonable and prudent manner. Landis Creek Metropolitan District No. 1 may
also grant easements over, under, through and across OSP Parcel A, OSP
Parcel B, OSR Parcel A, and OSR Parcel B to other utility and service providers.
However, in order to preserve the quality of the open space, any easements
provided to other utility or service providers must be granted in writing and must
provide specific legal descriptions and contain reasonable and customary
limitations as to the permitted use of said easements.
b. Utility, drainage, irrigation and access easements as described in Section 9.5 of
the Master Declaration of Covenants, Conditions and Restrictions for Spring
Valley Ranch P.U.D., over, under, through and across all areas within Lot P-1
that lie outside of the designated building envelopes, for the purpose of the
installation and maintenance of utility, irrigation and drainage facilities, including
but not limited to, water lines, sewer lines, drainage culverts, drainage detention
structures and related facilities, together with the right to trim interfering trees and
brush; with perpetual right of ingress and egress for installation and maintenance
of such lines and facilities. Such easements and rights shall be utilized in a
reasonable and prudent manner. Landis Creek Metropolitan District No. 1 may
also grant easements within these areas to other utility and service providers.
However, any easements provided to other utility or service providers must be
granted in writing and must provide specific legal descriptions and contain
reasonable and customary limitations as to the permitted use of said easements.
c. Utility, drainage, irrigation and access easements as described in Section 9.5 of
the Master Declaration of Covenants, Conditions and Restrictions for Spring
Valley Ranch P.U.D., over, under, through and across Highgrange Pass Road
Right -of -Way, for the purpose of the installation and maintenance of utility,
irrigation and drainage facilities, including but not limited to, water lines, sewer
lines, drainage culverts, drainage detention structures and related facilities,
•
•
•
Easement Grant
Page 3
together with the right to trim interfering trees and brush; with perpetual right of
ingress and egress for installation and maintenance of such lines and facilities.
Such easements and rights shall be utilized in a reasonable and prudent manner.
Landis Creek Metropolitan District No. 1 may also grant easements within the
Highgrange Pass Right -of -Way to other utility and service providers. However,
any easements provided to other utility or service providers must be granted in
writing and must provide specific legal descriptions and contain reasonable and
customary limitations as to the permitted use of said easements.
2. Limitations on Rights Granted. The grant of Easement is without covenant
of title or quiet enjoyment. This Easement Grant is subject and subordinate to all
existing leases, licenses, permits, claims of title or other interests and as may in the
future be renewed or extended by SVH.
3. District's Improvements. The District shall be responsible for the
construction, operation, repair and maintenance of the improvements made on the
Easements for the District's use thereof, and shall furnish material for, and construct,
repair and maintain such improvements, and shall keep the Easement Premises and
such improvements in a good state of repair at the sole cost and expense of the District.
The District shall provide general supervision of all construction and repair activities to
insure compliance with the approved plans and specifications and all applicable federal,
state and local laws or regulations.
4. Maintenance and Repairs. Unless otherwise required or agreed to by
SVH, the District shall be obligated to maintain and keep in a safe condition, make
necessary or proper repairs, or reconstruct as necessary the improvements constructed
by the District.
5. Liens. The District shall pay in full all persons who perform labor on the
Easement Premises for The District and will not allow any mechanics' or materialmen's
liens to be enforced against the Property or Lot P-1 for work done or materials furnished
at the District' instance or request. If any such liens are filed thereon, the District agrees
to remove the same at the District' own cost and expense and to pay any judgment
which may be entered thereon or thereunder. Should the District fail, neglect or refuse
so to do, SVH may pay any amount required to release any such lien or liens, or to
defend any action brought thereon, and to pay any judgment entered therein, and the
District shall be liable to SVH for the payment of any such liens or judgment and all
costs, damages, and reasonable attorneys' fees, and any other amounts expended in
defending any such proceedings.
6. Protection of Drainage. Any and all cuts and fills, excavations or
embankments necessary in the maintenance or future alteration for the District's use
shall be made and maintained in such manner, form and extent as will provide adequate
•
•
•
Easement Grant
Page 4
drainage of the Easements and adjoining lands; and wherever any such fill or
embankment may obstruct the natural and pre-existing drainage from such lands, the
District shall construct and maintain sufficient culverts or drains as may be required to
accommodate such natural and pre-existing drainage.
7. Protection of Existing Facilities. The District shall bear the cost of
protection, relocation or reconstruction of any and all fences, telephone or telegraph
poles, or other facilities, made necessary by the construction, use, operation,
maintenance or repair of the District' improvements.
8. Environmental Protection. The District shall, at its expense, comply with
all applicable laws, regulations, rules and orders regardless of when they become or
became effective, including, without limitation, those relating to health, safety, noise,
environmental protection, waste disposal, and water and air quality. Should any
discharge, leakage, spillage, emission or pollution of any type occur upon or arise from
the Easement as a result of the District' use, presence, operations or exercise of the
rights granted hereunder, the District shall immediately notify SVH and shall, at the
District' expense, clean all property affected thereby, to the reasonable satisfaction of
SVH (insofar as the property owned or controlled by SVH is concerned) and any
governmental body having jurisdiction in the matter. SVH may, at its option, clean
SVH's property of such discharge referred to above; and if SVH elects to do so, the
District shall pay SVH the reasonable cost of such cleanup promptly upon the receipt of
a bill therefor. The District agrees to release, indemnify and defend SVH from and
against all liability, cost and expense (including, without limitation, any fines, penalties,
judgments, litigation costs and attorneys' fees) incurred by SVH as a result of any such
discharge, leakage, spillage, emission or pollution by the District, unless such liability,
cost or expense is proximately caused by the negligence, recklessness or willful act of
SVH, its officers, agents, employees or contractors.
9. Indemnity. To the extent provided by law, the District shall at all times
protect, indemnify and save harmless SVH from any and all claims, demands,
judgments, costs, expenses, and all damage of every kind and nature made, rendered
or incurred by or on behalf of any person or corporation, including attorneys' fees and
court costs in any manner due to or arising out of any injury to or death of any person,
or damage to property of any person or persons, including the parties hereto and their
officers, agents, attorneys and employees, in any manner arising from or growing out of
the use of or the failure to properly construct, operate or maintain improvements
constructed by the District. Nothing contained herein shall constitute an indemnity by
the District of SVH for any negligence, recklessness or willful acts of SVH, its
contractors, agents or employees. Nothing in this Easement Grant is intended to waive,
nor shall it waive, in any manner any rights under governmental immunity.
•
•
•
Easement Grant
Page 5
10. Default. If the District or SVH shall fail to keep and perform any of the
conditions, stipulations, covenants and provisions of this Easement Grant to be kept
and performed by them, the non -defaulting party shall be entitled to such damage or
remedy as may be available at law or in equity, including an action to require specific
performance, and shall also be awarded its reasonable costs, attorneys' fees and
expenses. Any waiver or failure by a party to timely enforce its rights for any breach of
any condition shall not impair the rights of such party arising from such breach to
enforce such rights at a later time or to avail itself of its rights under any subsequent
breach of the same or any other condition. Without limiting SVH's right to seek a formal
judicial declaration of abandonment, in no event shall SVH be entitled to terminate or
limit use of the Easement as a remedy for the District's default of any condition,
stipulation, covenant or provision of this Easement Grant.
11. Binding on Successors; Assignment. This Easement Grant shall run with
and be binding upon the Property and Lot P-1 as a covenant running with the land. The
covenants, stipulations and conditions of this Easement Grant shall extend to and be
binding upon the parties hereto, their successors and assigns; provided, however, that
the District obligations under this Easement Grant may only be enforced against the
District or its express assigns, and holders of subeasements or licenses, as evidenced
by a recorded assignment, subeasement or license.
12. Reconvevance in the Event of Non -Development. This Easement Grant is
conveyed in connection with the development of Phase 1 of the Spring Valley Ranch
P.U.D. and in the contemplation that SVH or its successors or assigns will proceed with
the development of Phase 2 and subsequent phases of the Spring Valley Ranch P.U.D.
SVH shall have no obligation to develop all or any portion of the Property or Phase 2 or
any subsequent phase of the Spring Valley Ranch P.U.D. In the event SVH does not
commence development of Phase 2 before April 1, 2017, SVH may notify the District of
its intent not to proceed with the development of Phase 2 and subsequent phases. In
the alternative, Garfield County may declare SVH in violation of the Phasing Plan for the
Spring Valley Ranch P.U.D. if the SVH does not file with the County an application for
approval of a final plat for Phase 2 on or before March 31, 2017. Within thirty (30) days
of the date of either event described above, the District shall re -convey the Easements
to SVH. This paragraph shall be construed as a right of reverter in SVH, and may be
enforced by SVH against the District at law or in equity.
Signed and delivered thisRoll/ day of J K Jy , 2010.
[Signatures on Following Page]
•
Easement Grant
Page 6
•
•
GRANTOR:
SPRING VALLEY HOLDINGS, LLC
A Delaware Limited Liability Company
GRANTEE:
LANDIS CREEK M TROPOLL AN DISTRICT
NO. 1, a Co
•
Easement Grant
Page 7
STATE OF ai( jttA)(4 )
w )ss.
COUNTY OF Sint T -A lS) )
The foregoing instrument was acknowledged before me thistay of
2010 by Daniel Goldberg, as Authorized Agent for SPRING VALLEY HOLDING , LLC, A
Delaware Limited Liability Company
Witness my hand and official seal.
My commission expires C- • ' 7; (3
NOTARY PIO:LId
947
STATE OF (10/ordieh
COUNTY OF C r 1 e�
) ss.
ALICE FONG NG
Commission # 1871686
Notary Public - California a
San Francisco County
My Comm. Expires Dec 17, 2013
The foregoing instrument was acknowledged before me this 7Jay of Y
2010 by /�/,,//,fy /j.�c,� 4e . , as Authorized Agent for LAND'S CREEK
METROPOLITAN DISTRICT NO. 1, a Colorado Special District.
Witness my hand and official seal.
:3\4 expires ViL/A•?0!3
n
s
1
WHEN RECORDED, RETURN TO:
Daniel Goldberg
c/o Seligman Western Enterprises, Ltd.
600 Montgomery Street, 40th Floor
San Francisco, CA 94111
DUIT CLAIM DEED
O en Sace and Road
KNOW ALL MEN BY THESE PRESENTS, that SPRING VALLEY HOLDINGS,
LLC, a Delaware Limited Liability Company, whose address is c/o SaFrancisco,Seligman
i
Western Enterprises, Ltd., 600 Montgomery Street, 40th Floor, San
CA 94111 ("Grantor"), for the consideration of TEN U.S. DOLLARS AND 00/100
and other good and valuable considerations, in hand paid hereby quitNCms to
SPRING VALLEY RANCH COMMUNITY MASTER ASSOCIATION,
Colorado non-profit corporation, whose legal address is P.O.. Box 1146, 4000
County Road 115, Glenwood Springs, CO 81602 ("Grantee"), the following real
property situated in the County of Garfield and State of Colorado, to wit:
OSP Parcel A
OSP Parcel B
OSR Parcel A
OSR Parcel B
Highgrange Pass Road Right -of -Way
Phase 1, Spring Valley Ranch PUD, Garfield County, Colorado, according to the
Plat thereof filed with Garfield County Clerk and Recorder as Reception No.
(the "Property")
Together with all its appurtenances, specifically subject to restrictions,
reservations and easements in this Quit Claim Deed, in the Master Declaration of
Covenants, Conditions and Restrictions for Spring Valley Ranch P.U.D. filed to
Garfield County Clerk and Recorder as Reception No.
Declaration"), and of record, and all existing leases as the same may be
amended or extended.
Grantor, for itself and its successors and assigns, reserves the right to amend,
extend, renew and throe h the Property for ter into new leases or theey u e of heeasements
Po pertycenses over,
cons consist with
across, and 9
the reserved rights of the Grantor hereunder.
Grantor, for itself and its successors and assigns, reserves all water rightt,ditf r
rights, well rights, reservoir rights, underground water rights, plans
augmentation, wellits, and for the usellandcilities anconveyanae ofwater.
used on or
appurtenant to theProperty
1
•
Quit Claim Deed
Page 2 of 4
Grantor, for itself and its successors and assigns (including any utility or special
district), further reserves the right to undertake any use on the Property allowed,
necessary or proper for the development, use and enjoyment of the Spring Valley
Ranch PUD, including but not limited to access for ingress and egress,
construction, emergencies, and for all such uses as may be allowed by the PUD
zoning and the Master Declaration, and to without limitation construct, operate,
use, maintain, repair and replace facilities, utilities, structures or other things
necessary or proper therefore.
Grantee shall, as a covenant running with the Property for the benefit of the
Spring Valley Ranch PUD, use the Property in perpetuity only for the uses
specifically allowed by the PUD zoning and the Master Declaration. Grantee
shall not subdivide the Property except with the express written permission of the
Grantor.
This deed is conveyed in the connection with the development of Phase 1 of the
Spring Valley Ranch P.U.D. and in the contemplation that Grantor or its
successors or assigns will proceed with the development of Phase 2 and
subsequent phases of the Spring Valley Ranch P.U.D. Grantor shall have no
obligation to develop all or any portion of the Property or Phase 2 or any
subsequent phase of the Spring Valley Ranch P.U.D. In the event Grantor does
not commence development of Phase 2 before April 1, 2017, the Grantor may
notify Grantee of its intent not to proceed with the development of Phase 2 and
subsequent phases. In the alternative, Garfield County may declare the Grantor
in violation of the Phasing Plan for the Spring Valley Ranch P.U.D. if the Grantor
does not file with the County an application for approval of a final plat for Phase 2
on or before March 31, 2017. Within thirty (30) days of the date of either event
described above, the Grantee shall re -convey the Property to Grantor. This
paragraph shall be construed as a right of reverter in the Grantor, and may be
enforced by the Grantor against the Grantee at law or in equity.
[Signatures on Following Page]
•
•
Quit Claim Deed
Page 4 of 4
STATE OF attA121fl7fi'
) ss.
COUNTY OF At1$C) }
The foregoing instrument was acknowledged before me this day of
for SPRING
, 2010 by Daniel Goldberg, as Authorized Agent
VALLEY HOLDINGS, LLC, A Delaware Limited Liability Company
Witness my hand and official seal.
My commission expires 7€.G t 7, .lo<3
NOTARY PUBb
STATE OF %l-rf,2titnt
COUNTY OF SkAl ,wGSt
The foregoing instrument was acknowledged before me this :2--617`. day of
jizt , 2010 by '! 60061 , as Authorized Agent for
SPRINGALLEY RANCH COMMUNITY MASTER ASSOCIATION, INC., A
Colorado Non-profit Corporation.
) ss.
)
ALICE FONG NG
Commission # 1871666
Notary Public - California
San Francisco County
My Comm. Expires Dec 17, 2013
Witness my hand and official seat.
My commission expires c: /7 0)9/3
C 14
NOTARY PL12.LIC
ALICE FONG NG
Commission # 1871566
Notary Public - California ge
San Francisco County
M Comm. Ex'ires Dec 17, 2013
•
•
•
Quit Claim Deed
Page 3 of 4
Signed and delivered this 'j 1day of w LI 2010.
GRANTOR:
SPRING VALLEY HOLDINGS, LLC
A Delaware Limited Liability Company
Authorised gent
GRANTEE:
SPRING VALLEY RANCH
COMMUNITY MASTER
ASSOCIATION, INC.
A Colorado Non-profit Corporation
Authoriz<• :sent