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HomeMy WebLinkAbout6.0 Declaration of Road & Irrigation Easement & Maintenance Obligations1111111 11111 1111111 HI 11111111111111111111111! 1111111 670664 03/22/2005 10;56A B1672 P63 M PLSDORF 1 of 6 R 31.00 D 0.00 GARFIELD COUNTY CO DECLARATION OF ROAD AND IRRIGATION EASEMENT AND MAINTENANCE OBLIGATIONS This Declaration is made this /14.4% day of Mai`, , 2005, by Edward Jacob Wilks and Maria Gloria Wilks (the "Declarants"), owners in fee of that real property described as Parcels A and B of the Wilks Subdivision Exemption, County of Garfield, State of Colorado (collectively the "Parcels"). I RECITALS The Declarants are the owners and subdividers of two tracts of land known as Parcels A and 13, Wilks Subdivision Exemption, Garfield County, Colorado and, by this Declaration, intend to grant and dedicate rights to the use of a access and utility easement serving Parcel A and an irrigation easement serving Parcel B, to and impose on the Parcels, as covenants running with the land, obligations to maintain the access and utility easement and irrigation easement as set forth below. II ROAD EASEMENT SECTION 2.01 The Declarants hereby grant and dedicate unto the owners of Parcel A, Wilks Subdivision Exemption, their heirs, successors and assigns, a nonexclusive 30 -foot easement upon, over and across, that portion of Parcel B, designated as an access and utility easement on the Wilks Subdivision Exemption Plat recorded in the office of the Garfield County Clerk and Recorder, at Reception No. , and as attached hereto and incorporated herein as Exhibit A, for use by the owners of the Parcel A, their successors, assigns, agents, employees, tenants, guests and invitees, for a private roadway, and utility purposes, (the "road easement") subject to the terms, conditions and provisions hereinafter set forth. SECTION 2.02 The term of the road easement herein granted shall be perpetual. SECTION 2.03 The costs of repair, maintenance, clearing, trash removal, snow plowing, and other expenses of upkeep and preservation of the road easement shall be the sole responsibility of the owner of Parcel A and the costs shall be borne by such owner. Routine repairs, paving, clearing, trash removal and snow plowing will be conducted from time to time as may be reasonably necessary. 1 lulu iiiii 1111111 1111 111 iuiii uuui iii ilio iui ilii 670664 03/22/2005 10:56A B1672 P64 M ALSDORF 2 of 6 R 31.00 D 0.00 GARFIELD COUNTY CO III EASEMENT SERVICE AREA Use of the road easement shall be restricted to access to and from Parcel A. The road easement may not be used for the parking or storage of vehicles or equipment. The road easement also is subject to the dedication of a utility easement as set forth on the Wilks Subdivision Exemption Plat. IV UTILITIES The Declarants have granted on the Wilks Subdivision Exemption Plat, a perpetual, non- exclusive easement to use the road easement for the purpose of providing utility service to Parcel A or for the repair, maintenance, removal or replacement of said utilities. All instrumentalities, lines, or facilities placed in the road easement shall be maintained in a safe condition by the respective utility company or governmental agency. No grantee ofa utility easement under the Wilks Subdivision Exemption Plat shall in the use, construction, reconstruction, operation, maintenance, or repair of any utility in any way unreasonably obstruct or delay the use of the road easement granted herein. V SPECIAL USES Under no circumstances shall access be denied to or from Parcel A over and across the road easement for emergency vehicles, maintenance equipment, and government officials while on official business. VI IRRIGATION EASEMENT SECTION 6.01 The Declarants hereby grant and dedicate unto the owners of Parcel B, Wilks Subdivision Exemption, their heirs, successors and assigns, a nonexclusive 30 -foot easement upon, over and across, that portion of Parcel A, designated as an irrigation easement on the Wilks Subdivision Exemption Plat recorded in the office of the Garfield County Clerk and Recorder, at Reception No. , and as attached hereto and incorporated herein as Exhibit B, for use by the owners of the Parcel A, for transportation of irrigation water and maintenance of the easement, subject to the terms, conditions and provisions hereinafter set forth. 2 i inui nisi niiiii nil in iiini mini ui nin ilii ini 670664 03/22/2005 10:56A B1672 P65 M ALSDORF 3 of 6 R 31.00 D 0.00 GARFIELD COUNTY CO SECTION 6.02 The term of the irrigation easement herein granted shall be perpetual. SECTION 6.03 The costs of construction, installation repair, maintenance ofthe irrigation pipeline and other expenses of upkeep and preservation of the irrigation easement shall be the sole responsibility of the owner of Parcel B and the costs shall be borne by such owner. VII SUBSEQUENT OWNERS The easements granted herein are appurtenant to the respective Parcels in the Wilks Subdivision Exemption and such easements may not be transferred, assigned or conveyed apart or separately from the land underlying the respective Parcel which benefits from each easement. All provisions of this Declaration, including all benefits and burdens, shall run with the respective Parcels subject hereto and shall be binding upon and shall inure to the benefit of the heirs, assigns, successors and personal representatives of the Declarants, subject to the provisions hereof. VIII ENFORCEMENT This Declaration and the terms, conditions and provisions hereof may be enforced by the owner of either of the Parcels, their successors and assigns, and in the event legal proceedings are brought against any party for the purpose of such enforcement, the prevailing party or parties shall recover from the non -prevailing party or parties all costs associated therewith, including, but not limited to, reasonable attorney's fees. The owner of each Parcel agrees that, upon request of any ofthe other owner, it will certify from time to time to any person designated whether there are any breaches of this agreement. If any party fails to respond to such a request within ten (10) days of the date of the request, any existing breach of the Declaration shall be deemed waived by the non -responding party. IN WITNESS WHEREOF, the Declarants have executed this Declaration as of the day and year first above set forth. Edward Jacob Wilk 3 4 V/v\ Maria Gloria Wilks i mill nni niuii nil iu iiinuiiini iu nui im ini 670664 03/22/2005 10:56A B1672 P66 M ALSDORF 4 of 6 R 31.00 D 0.00 GARFIELD COUNTY CO STATE OF COLORADO ) ss COUNTY OF GARFIELD The foregoing instrument was acknowledged before me on this // day of , 2005, by Edward Jacob Wilks and Maria Gloria Wilks. Witness my hand and official seal. My commission expires: 4 1 111111 11111 1111111 1111 111 iiinuiiinuii 11111 1111 1111 670664 03/22/2005 10:56A B1672 P67 M ALSDORF 5 of 6 R 31.00 D 0.00 GARFIELD COUNTY CO EXHIPIT ROAD EASEMENT A STRIP OF LAND 30 FEET IN WIDTH EOR THE USE OF ACCESS AND UTILITY EASEMENT SITUATE IN THE SW1/4SE1/4, SECTION 34, TOWNSHIP 5 SOUTH, RANGE 92 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, SAID EASEMENT LYING 15 FEET TO EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 34 AN ALUMINUM CAP LS NO. 10871 IN PLACE; THENCE N89°52'40"E ALONG THE SOUTHERLY LINE OF SAID SECTION 34 1143.69 FEET TO A POINT ON THE CENTERLINE OF AN EXISTING GRAVEL ROAD THE TRUE POINT OF BEGINNING; THENCE DEPARTING SAID SOUTHERLY LINE ALONG SAID CENTERLINE N00°50'40"E 66.83 FEET; TO A POINT ON THE SOUTHERLY LINE OF PARCEL A, THE POINT OF TERMINUS (WHENCE THE SOUTH QUARTER CORNER OF SAID SECTION 34 BEARS S86°32'14"W 1146.77 FEET) SIDE LINE TO BE LENGTHENED OR SHORTENED TO CLOSE UPON THE PROPERTY LINES. AIN 11111 BIM 1111 111 1111111111111111 1111111111111 670664 03/22/2005 10:56A 61672 P68 M ALSDORF 6 of 6 R 31.00 D 0.00 GARFIELD COUNTY CO EXHIBIT B IRRIGATION EASEMENT A STRIP OF LAND 30 FEET IN WIDTH FOR THE USE OF ACCESS AND MAINTENANCE OF AN IRRIGATION EASEMENT SITUATE IN THE SW1/4SE1/4, SECTION 34, TOWNSHIP 5 SOUTH, RANGE 92 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, SAID EASEMENT LYING 15 FEET TO EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE CENTER EAST 1/16 CORNER OF SECTION 34, AN ALUMINUM CAP LS NO 27613 IN PLACE; THENCE S00°01'30"E 1156.24 FEET TO THE CENTERLINE OF AN IRRIGATION DITCH AS CONSTRUCTED AND IN PLACE; THENCE ALONG THE CENTERLINE OF SAID IRRIGATION DITCH THE FOLLOWING THIRTEEN (13) COURSES: 1. S26°54'05"W 238.30 FEET; 2. S12°21'16"W 199.14 FEET; 3. S21°52'25"W 198.01 FEET; 4. S61°03'20"W 137.93 FEET; 5. S08°40'44"W 119.09 FEET TO AN EXISTING HEADGATE AT THE SOUTHERLY EDGE OF A POND AS CONSTRUCTED AND IN PLACE; TO INCLUDE A 100 FOOT RADIUS EASEMENT FROM THE CENTER OF SAID HEADGATE FOR THE PURPOSE OF ACCESS, REPAIR AND MAINTENANCE OF SAID POND; THENCE CONTINUING ALONG THE CENTERLINE OF SAID IRRIGATION DITCH; 6. S22°38'27"W 90.27 FEET; 7. S37°13'52"W 234.68 FEET; 8. S69°42'49"W 89.17 FEET; 9. N83°09'45"W 52.20 FEET; 10. S22°23'27"E 35.07 FEET; 11. S61°52'19"E 92.56 FEET; 12. S12°06'19"W 102.64 FEET; 13. S26°42'58"W 24.08 FEET TO THE NORTHERLY LINE OF PARCEL B, THE POINT OF TERMINUS; (WHENCE SAID CENTER EAST 1/16 CORNER OF SECTION 34 BEARS N14°09'59"E 2500.36 FEET). SIDE LINES TO BE LENGTHENED OR SHORTENED AS NEEDED TO CLOSE WITH PROPERTY LINES.