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Home My WebLink About02.0 Deed of Easementpia 486916 D-962 P-280 12/26/95 04:42P PG 1 OF 7 REC DOC NOT MILDRED ALSDORF GARFIELD COUNTY CLERK AND RECORDER 36.00 DEED OF EASEMENT PEAK DEVELOPMENT, INC., a Colorado Corporation, whose address is P.O. Box 8909, Aspen, CO 81612, Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration in hand paid by THOMAS W. LEVITT, MOLLY G. LEVITT AND THE 1993 THOMAS W. LEVITT FAMILY TRUST, whose address is P.O. Box 414740, Kansas City, MO 64141,Grantees, receipt of which is hereby acknowledged, has given and granted and by these presents does hereby grant unto said their successors and assigns, a perpetual, non-exclusive easement 60 feet in width on, along, over and across the premises more particularly described on Exhibit A attached hereto and incorporated herein by this reference. Purposes of Easement. The easement granted hereby is for the purposes of the construction, z installation, use and maintenance of an ingress/egress roadway and the installation, use and maintenance of underground utility lines to the Properties now owned by Grantees and described on Exhibit B attached hereto and incorporated herein by this reference. In addition, Grantees shall have the right to plant vegetation within the easement granted hereby, provided that prior to planting any wsuch vegetation Grantees shall obtain the approval of the Homeowners' Association whose members own lots that may be created out of Grantor's property, which permission will be granted provided that the vegetation to be planted within the easement will not unreasonably interfere with the view corridors from any improvement constructed on any lot (created from Grantor's property) which is traversed by the easement. z Scope of Easement. Grantor acknowledges that the easement herein granted is appurtenant dEw to the Properties described on Exhibit B and that said easement may be utilized as the primary W roadway and utility access to such Properties by the Grantees, their successors and assigns, as such 121 Properties now exist or as it may hereafter be developed in accordance with applicable regulations z of Garfield County, Colorado. 0 p Limitation of Use of Easement. At no time may the access easement granted to Grantee z be utilized for parking -of vehicles. Indemnification. Each of Grantees hereby agrees to fully and forever indemnify, defend, save and hold harmless Grantor from and against any and all losses, damages, liabilities, claims or demands for personal injury, property damage or any other form of loss or damage (including reasonable attorneys' fees incurred as a result thereof) arising from or incurred in any way in connection with the use or occupancy by such respective Grantee of the easement granted hereunder. Binding Effect; Covenants Running with the Land. This Deed of Easement and all rights and obligations set forth herein shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, personal representatives, successors and assigns, and shall be deemed to be a burden and benefit running with the properties owned by Grantor and various Grantees, respectively. Attorneys' Fees. In the event that any party hereto retains an attorney for the purpose of enforcing any right or duty arising out of this Deed of Easement, the non -prevailing party in such Return to: Lawrence R. Green Delaney & Balcomb, P.C. P.O. Drawer 790 Glenwood Springs, CO 81602 486916 B-962 P-281 12/26/95 04:42P PG 2 OF 7 dispute shall pay the prevailing party the latter's reasonable attorneys' fees, whether or not litigation is actually instituted. TO-HAAJE AND -TO -HOLD -THE SAME; together- with all and singular the appurtenances - and privileges thereunto belonging, or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever of the said Grantor, whether in law or equity, in and to the easement hereby granted to the only proper use, benefit and behoof of each of the said Grantees, their successors and assigns. IN WITNESS WHEREOF, Grantor has executed the within Deed of Easement this / — day of December, 1995. PEAK DE By INC. 40111111111111 STATE OF COLORADO ) ) ss. COUNTY OF ) arnes, President The foregoing instrument was acknowledged before me this/`' day of December, 1995, by Joel D. Barnes, President of Peak Development, Inc. WITNESS my hand and official seal. C i Lk -cc -1' c e t'— �e L (1C NOTARY PUBLIC My commission expires: Address: 486916 B-962 P-282 12/26/95 04:42P PG 3 OF 7 EXHIBIT A A 60.00 FOOT WIDE STRIP OF LAND SITUATED IN THE NW1/4SW1J4 OF SECTION 28, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY:OF T To EACH SIDE O STATE OF THE FOLLOWIN OG DESCRIBED BEING 30.00 CENTERLINE; COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 28; THENCE S 65°33'42" E 1388.57 FEET TO A POINT ON THE OG EASTERLY INE OF SAID SAID NW1/4SW1/4, WE: TRUE POINT OF BEGINNING; CENTERLINE ALONG` THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF ANGLE OF 33°33'26", A DISTANCE OF 105.42 180.00 FEET AND A CENTRAL THENCE CONTINUING FEET (CHORD .BEARS S 20010,37"W 103.92 FEET), ALONG SAID CENTERLINE S 03°23'54" W 703.87 FEET TO A POINT ON THE SOUTHERLY LINE OF THAT PROPERTY DESCRIBED IN RECEPTION NO. 473551 OF THE GARFIELD COUNTY CLERK AND RECORDER'S OFFICE, THF TERMINUS, N 40°48'02" 0 ° 4 ' 02"THE WW 1815.95A FEET; SAITER D STRIP OF SAIDOF SECTION ECONTAINING 1 4 N 40 48 02 ACRES, MORE OR LESS. 486916 B-962 P-283 12/26/95 04:42P PG 4 OF 7 EXHIBIT B tt stC Parcel 1 111/2 581/4 SMI/4. T� f1I/2 5111/4 A PARCEL OF LAND SITUATED IN TTS' S 1/4 SV1/4, TBES p 7 SDUTR. RANGE 881/4, THE NE1/4 SV1/4, AND IN THE NV1/4 SM1/4 OF SECTION� STATE OF COLORADO; ANGE 87 NEST OP TTS SIXTH PRINCIPAL MERIDIAN, ' Ams FOLLOWS;UNTY � PARCEL BEING NORB PARTICULARLY SAID SECTION 28, A GARFIELD SpRYSYOR'S BRASS BEGINNING AT � SOnTBT� N.89'40'11'1. � R �� SOUTHERLY LIQ �' �I� 28. 997.11 CAP POUND IN PLACE; TEENPO18! OP BFGINFING • � PEET IV A REBAR & CAP IN PLACE. LS d 22580, nil OL89'56'1911.?8EGALONG SAID Af. 03'23'54'8. 1396.62 FEET TO AN EXISTING PBN�I : TEN148.00 FEET PBNCELINS 96.34 FEET; TBS S.88°51'41'8. ALONG SAID F1�CBL1� RECEPTION �• NORTHWESTERLY LING OF AN EEISTING 60 FOOT ROAD BASILV ENT /� AS DESCRIBED �N EC ��IO�jj�' . 39:063 OF THE GARPIELD cow RECORDS; � 5.00'00'00V. lf., ifir� � �V 1�a �I�7i-R�+�•• CENTERLINE OF THE SWI/4 OF SECTION 28: TEEN S.89.45'38'1 IN PLACE. LS THE SOO � EWEST SIXTEENTH CORM 0P SECTION 28. A �� '� � 084 38 PEET Tti A MBAR & CAP IN PLACE. L�OHY'INUING ALONG SAID CENTERLINE 5.89'45'38'E. � REBAR & CAP � p��. LS 8 22580. ; Ti 9, * '42258038 ; 25 N.01•51 88? 15 4 POI435NT ON8 THE EET EASTERLY LINE OF SAID NSI/4 S M1/4 OP SECTION S. 89' 45' 38 "E. 250. QO FEET T'O A POINT S. 01.51 ' S4 "11. ALONG TEE NORTH -SOUTH 28, A REBAR & CAP IN PLACE. LS 8 22580' WEN Sri OF SECTION CENTERLINE OP SECTION 28 435.78 FEET TO TSE SOUTH THEN CORNER OF S'C9IO. 28 (WHENCE A REBAR AND CAP. LS t 2376 BEARS 11.37'10'03'5. 1.2 A ROAD AS CONMUCTED AND 8 FEET); ALSO BEING A 09 REBAR 171FEET PL. E THE CENTERLINE 1 CONTINUING ALONG SAID CAIN TE FOLLOWING NINE (9) & CAP PLACE. LS # 22580, COURSES: 1) S.01 '14 132"E. 280.88 PEET; 2) $.0201 ' 43 "N. 115.18 PEET; 3) S. 00.39' 22 "W. 148.53 FEET; 4) 5.01'44'39"E. 133.99 FEET; 5) S.04•28'45-5. 106.53 FEET; HAVING A RADIUS OP 1475. 00 PEEP. 6) 100.07 PERI' ALONG 1Z E ARC CPA CURVE TO TTS ' A CENTRAL ANGLE OF 03'53'14" (CHORD BEARS 3.06'25'22"E. 100.06 FEET) ; 7) S.08'21'597. 67.98 PEET; �.� HAVING A RADIUS 0P I26. 84 par, A 8) 95.23 PEET ALONG TTiB ARC OF A CORYB ?n TEE 13'08 � 34'M. 93.01 FEET); CDITRAL ANGLE OF 43'01'06' (CHORD BEARS S.S.89'43'2811. & CAP IN PLACE. LS * 22580.; 1 1 9) S.3g'IZ'03'i1. 18.82 FEET In A REBARN.01'52'46'1. 329.19 PEET T'O A 30.74 FEET A REBAR & CAP IN PLACE. LS t 22580,; THEN FEET TO A REBAR & CAP IN PLACE , LS t 22580: TIS N. 89'58 09'W • CAP . N FLACK. LS 422580; T T E N HORTs-SOUTE CENTERLINE OF SAID SECTION 208.E POINT TO A ON TTS BAS`1'-WEST CSNTFRiINE F. 02'06' 39-5 . ALONG SAID CENTERLINE � t 22580: TTD�T S. 89'57' 05 "�. OF TRE SEI/4 5111/4 OP SECTION 28, A� AR & CAP IN PLACE. A POINT ON ISE NOS SOl7T4 CEN7gtLINE OP THE S7�t1; 4 ALONG SAID CENTERLINE 1353.02 FEET S. 03`23'54'11. ALONG SAID . THEN OF SECTION 28, A ROAR & CAP IN PLACE, 3fTE! 8 i ICORNER �plQN TO SECTIONS 28 AND 33, A � INE 686.91 PEE? TO TBE war REBAR t ALL'MINUN CAP IN PLACE. LS $ 22580; T71EN GINNING 1 SAID PARCELCONTAINING 5.89'40'7'N. ALONG THE SOUTHERLY Y7LINE OF SECTION 28, 374.54 FEET'TO TEE TRUE PUI OP BE ACRES, WIRE OR LESS. 486916 B-962 P-284 12/26/95 04:42P PG 5 OF 7 Levitt Trust Property Parcel A parcel of land being all that portion of the NW'/4SE'/4 of Section 28, Township 7 South, Range 87 West of the Sixth Principal Meridian lying Westerly of the centerline of Harmony Lane as constructed and in place, County of Garfield, State of Colorado, said parcel being more particularly described as follows: Commencing at the West Quarter corner of said Section 28; thence S. 89°09'47" E. 2594.58 feet to the center Quarter Corner of said Section 28, the true point of beginning; thence S. 89°09'12" E. Along the East-West centerline of said Section 28 66.26 feet to a point on the centerline of Harmony Lane; thence leaving said East-West centerline the following seven (7) courses along said centerline: 1. S. 00°00'07" E. 21.26 feet 2. S. 02°09'06" W. 160.05 feet 3. S. 00°35'03" E. 220.84 feet 4. S. 02°11'59" W. 187.62 feet 5. S. 00°34'25" W. 558.48 feet 6. S. 02°28'40" E. 91.04 feet 7. S. 06°19'45" E. 119.31 feet to a point on the southerly line of said NW'/4SE1/4; thence leaving said centerline N. 89°44'18" W. Along said southerly Iine 111.02 feet to the South -center Sixteenth corner of said Section 28; thence N. O1°51'54" E. Along the Westerly line of said NW'/4SE'/4 1358.69 feet to the true point of beginning; said parcel containing 2.464 acres, more or less. EXCEPT that portion of the above described property described as follows: A parcel of land being all that portion of the N W'/4SE'/4 of Section 28, Township 7 South, Range 87 West of the Sixth Principal Meridian lying Westerly of the centerline of Harmony Lane, as constructed and in place, County of Garfield, State of Colorado, said parcel being more particularly described as follows: Commencing at the West Quarter Corner of said id Section 28; true point of 7" E. 2594.58 feet to the center Quarter Corner of beginning; thence S. 89°09'12" E. along the East-West centerline of said Section 28 66.26 feet to a point on the centerline of Harmony Lane; thence leaving said East- West centerline the following five (5) courses along said centerline: 1. S. 00°00°07' E. 21.26 feet; 2. S. 02°09'06" W. 160.05 feet; 3. S. 00°35'03" E. 220.84 feet; 4. S. 02°11'59" W. 187.62 feet; 5. S. 00°34'25" W. 332.29 feet; thence leaving said centerline N. 89°45'57" W. 82.01 feet to a point on the westerly line of said NW'/SE'/.: thence N. 01°51'54" E. along the westerly line of said NW'/4SE'/4 922.91 feet to the true point of beginning; said parcel containing 1.557 acres, more or less. 486916 B-962 P-285 12/26/95 04:42P PG 6 OF 7 Parcel 3 Levitt Trust Property A parcel of land situated in the NE'/•SW'/' of Section 28, Township 7 South, Range 87 West of the Sixth Principal Meridian, County of Garfield, State of Colorado, said parcel being more particularly described as follows: Commencing at the West Center Sixteenth corner of said Section 28, North - a rebar and cap, PLS #14111; then S. 03023 54 W. 1252.96 feet along South centerline of the SW'/4 of Section 28, to the true 12point feet to th Frog East - then S. 89°45'38" E. 1081.15 feet; then S. 01°51'54" West centerline of the SW1/4 of Section 28, a rebar and gyp, PLS rline to the then N. 89°45'38" W. 1084.38 of Sectioon28,ng said a rebar and cap PLS #22.580; then 'o Se Southwest Sixteenth corn N. 03°23'54" E. 120.87 feet along the North-Southterline of th e acr4es� Section 28, to the true point of beginning, said parcel containing 3.00 more or less. 486916 B-962 P-286 12/26/95 04:42P PG 7 OF 7 Levitt Trust Property Parcel 4 A parcel of land situated in the NW'/4SW' of Section 28, Township 7 South, Range 87 West of the Sixth -Principal Meridian; County of Garfield; State of Colorado; said-parcel-being-rnor - particularly described as follows: Commencing at the West quarter corner of said Section 28; thence S. 41°09'53" E. 1846.96 feet to the Southeasterly corner of that property described in Reception No. 473551 of the Garfield County Clerk and Recorder's Office, the True Point of Beginning; thence N. 89'45'38" W: along -the -southerly -line -of said -Reception No, 473551- 2&99_ feet; thence continuing along said Southerly line N. 00°00'00" E. 15.65 feet thence leaving said Southerly line S. 89°00'00" E. 29.90 feet to a point on the Easterly line of said Reception No. 473551; thence S. 03°23'54" W. along said Easterly line 15.28 feet to the true oint of be 'nein ; said parcel containing 0.010 acres, more or less.