HomeMy WebLinkAboutStatement of AuthorityORIGINAL
CO3GLENWOOD-3
OPTION AND AGREEMENT TO GRANT EASEMENT
This Agreement, made 0n • it , 1992, between Stella
Colorado RSA No. 3 Ltd. Partnership, by
Mae Olsen, hereinafter referred to as the "GRANTOR", and/U S NewVector
Group, Inc., a Colorado Corporation,ihereinarterereferred to as the
"GRANTEE".
RECITALS
1. GRANTOR is the owner of certain real property located in the
City of Glenwood Springs, County of Garfield, State of Colorado, and
2. GRANTEE desires to obtain an option for an easement over,
under, across and through a portion of said real property, for the
purposes of constructing, maintaining and operating a Mobile
Commu icatians.aEac1lity ,and uses jfidental thereto, including
rights-of-way and easements for ingress, egress and utilities,
containing approximately 3600 square feet, described in Exhibit "A",
and its sub -parts, attached hereto and incorporated herein by this
reference.
AGREEMENT
NOW, THEREFORE, in consideration of the sum of One Thousand
Dollars ($1,000.00), hereinafter referred to as Option Money, to be
paid by GRANTEE to GRANTOR, which GRANTEE will provide upon its
execution of this Agreement, the GRANTOR hereby grants to GRANTEE the
right and option to obtain an easement over, under, along and across
said Property, including rights-of-way and easements for ingress,
egress and utilities for, access thereto, for the term and in
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accordance with the covenants and conditions set forth herein.
The Option may be exercised at any time on or before December 31,
1992. At GRANTEE's election and upon GRANTEE's prior written
notification to GRANTOR, the time during which the Option may be
exercised may be further extended for one additional period of one
year, through and including December 31, 1993, with an additional
payment of
GRANTEE to GRANTOR for
the option period so extended. The time during which the Option may
be exercised may be further extended by mutual agreement in writing.
If during said option period, or during the term of the Agreement if
the option is exercised, the GRANTOR decides to subdivide, sell, or
change the status of the Property or his property contiguous thereto,
he shall immediately notify GRANTEE in writing so that GRANTEE can
take any steps necessary to protect GRANTEE'S interest in the
Property.
This Option may not be sold, assigned, or transferred at any time
by GRANTEE except to GRANTEE's affiliates or subsidiaries. As to
other parties, this Option may not be sold, assigned, or transferred
without the written consent of the GRANTOR, which consent not to be
unreasonably withheld.
Should GRANTEE fail to exercise this Option or any extension
thereof within the time herein specified, all rights and privileges
granted hereunder shall be deemed completely surrendered, this Option
terminated, and GRANTOR shall retain all money paid for the Option,
and no additional money shall be payable by either party to the other.
The GRANTOR shall permit GRANTEE, during the Option period, free
ingress and egress to the Property to conduct such surveys, structural
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strength analysis, subsurface boring tests, environmental assessments,
and other activities of a similar nature as GRANTEE may deem
necessary, at the sole cost of GRANTEE.
GRANTOR also hereby grants to GRANTEE the right to obtain metes
and bounds legal description and/or a survey of said Property, and
said metes and bounds legal description and/or survey shall then
become Exhibit "B", which shall be attached hereto and made a part
hereof, and shall control in the event of discrepancies between it and
Exhibit "A", or its subparts. Cost of such work shall be paid by
GRANTEE.
Notice of the exercise of the Option shall be given by GRANTEE to
the GRANTOR in writing by certified mail, return receipt requested.
Notice shall be deemed effective on the date it is postmarked. On the
effective date of such notice the following Agreement shall take
effect.
AGREEMENT TO GRANT EASEMENT
1. Upon execution of this Agreement, GRANTOR shall execute and
deliver to GRANTEE, an exclusive easement over, under, across and
through that certain parcel of property (hereinafter "Easement")
containing 3600 square feet situated on NW 1/4 SW 1/4, Sec 9, T6S,
R89W, and shown as Assessor's parcel No. 2185-093-00-020 City of
Glenwood Springs, County of Garfield, State of Colorado, together with
the nonexclusive right for ingress and egress, seven (7) days a week,
twenty-four (24) hours a day, on foot or motor vehicle, including
trucks, and for the installation and maintenance of utility wires,
cables, conduits, and pipes over, under, or along a twenty (20) fopt
wide right-of-way and easement extending from the nearest pub]&c
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right of�way, W. 9th St , to the Easement. C, RANTOR agrees, without
delay, to execute any such further easement documents as may be
required by any and all utility companies in connection with GRANTEE's
use of said Easement/ Said Easement, right-of-way and nonexclusive
easement for ingress, egress and utilities are described herein in
Exhibit "A", and its subparts, attached hereto and made a part hereof
by this reference. The Easement shall be in the exact form as Exhibit
"C" attached hereto.
2. GRANTOR also hereby grants to GRANTEE the right to obtain
metes and bounds legal description and/or a survey of said Easement,
and said metes and bounds legal description and/or survey shall then
become Exhibit "B" which shall be attached hereto and made a part
hereof, and shall control in the event of discrepancies between it and
Exhibit "A", and its subparts. Cost of such work shall be paid by
GRANTEE.
3. This Agreement shall be for an initial term of five (5) years,
commencing on the date the option is exercised by GRANTEE TO GRANTOR
of
ti
advance, to Stella Mae Olsen, or to such other person, firm, or place
as the GRANTOR may, from time to time, designate in writing at least
thirty (30) days in advance of any payment date.
4. GRANTEE shall have the right to extend the term of this
Easement for four (4) additional five (5) year terms by giving the
GRANTOR written notice of its intention to do so at least six (6)
months prior to the expiration of the original or any extended term of
the Easement.
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6. If, at the end of the fourth (4th) five (5) year extension
term, this Agreement has not been terminated by either party by giving
to the other written notice of an intention to terminate it at least
six (6) months prior to the end of such term, this Agreement shall
continue in force upon the same covenants, terms, and conditions,
calculated on an annual basis and payable monthly at the rate of
consideration specified for the fourth (4th) five (5) year extension
term, for a further term of one (1) year and for annual terms
thereafter at the same rate until terminated by either party giving to
the other written notice of its intention to so terminate at least six
(6) months prior to the end of such term.
7. GRANTEE shall use the Easement for the purpose of
constructing, maintaining, and operating a Mobile Communications
Facility and uses incidental theretp, consisting of one (1) building
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of approximately 450 square feet and one (1) antenna structurejlf
approximately 50 feet in height, including cellular antennas, linW
antennas and all necessary connecting appurtenancesy. .The contentsccf'
said building shall include, without limitation, radio transmission
and computer equipment, and emergency battery and generator equipment.
A security fence consisting of chain link construction or similar, but
comparable, construction may be placed around the perimeter of the
Easement (not including the access easement). All improvements shall
be at the GRANTEE'S expense. GRANTEE shall maintain the Property in
reasonable condition. It is understood and agreed that GRANTEE'S
ability to use the Easement is contingent upon its obtaining, after
the execution date of this Agreement, all the certificates, permits,
and other approvals that may berequired by any federal, state, or
local authorities. GRANTOR shall cooperate with GRANTEE in its
efforts to obtain such approvals and shall take no action which would
adversely affect the status of the Easement with respect to the
proposed use thereof by GRANTEE. In the event that any of such
applications should be finally rejected or any certificate, permit,
license, or approval issued to GRANTEE is canceled, expires, lapses,
or is otherwise withdrawn or terminated by governmental authority so
that GRANTEE, in its sole discretion, will be unable to use that
Easement for its intended purposes, GRANTEE shall have the right to
terminate this Agreement. Said termination right shall also apply in
the event that GRANTEE is otherwise, within its sole discretion,
precluded from using the Easement for its intended purpose. Notice of
the GRANTEE'S exercise of its right to terminate shall be given to
GRANTOR in writing by certified mail, return receipt requested, and
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shall be effective upon receipt of such notice by the GRANTOR as
evidenced by the return receipt. All consideration paid to GRANTOR
for the Easement to said termination date shall be retained by
GRANTOR. Upon such termination, this Agreement shall become null and
void and all the parties shall have no further obligations, including
the payment of money, to each other and GRANTEE shall reconvey to
GRANTOR, by instrument reasonably acceptable to GRANTOR, all property
rights granted herein.
8. GRANTEE shall indemnify and hold GRANTOR harmless against any
claim of liability or loss from personal injury or property damage
resulting from or arising out of the use and occupancy of the Easement
by the GRANTEE, its servants, employees, or agents, excepting,
however, such claims or damages as may be due to or caused solely by
the acts of the GRANTOR, its servants or agents.
9. GRANTEE will be responsible for all utilities required by its
use of the Easement. GRANTEE shall pay any real estate taxes levied
against Easement and the improvements constructed thereon by GRANTEE.
10. GRANTEE, upon termination of this Agreement, shall, within a
reasonable period, remove its personal property and fixtures and
restore the Easement to its original condition, reasonable wear and
tear excepted. If such time for removal causes GRANTEE to remain on
the Easement after its termination, GRANTEE shall make payments to
GRANTOR at the then existing monthly rate or the existing monthly
pro -rata basis if based on a longer payment term, until such time as
the removal of personal property and fixtures is completed. At
GRANTOR'S option when this Agreement is terminated, and upon GRANTOR'S
advance written notice to GRANTEE, GRANTEE will leave the foundation
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and security fence to become the property of GRANTOR.
11. Should the GRANTOR, at any time during the term of this
Agreement, decide to sell all or any part of the Property subject to
the Easement to a purchaser other than GRANTEE, such sale shall be
under and subject to the Easement and this Agreement and GRANTEE'S
right hereunder, and any sale by the GRANTOR of the portion of the
GRANTOR'S property underlying any and all rights-of-way and easements
for ingress, egress and utilities herein granted shall be under and
subject to the right of the GRANTEE in and to such rights-of-way and
easements.
12. GRANTOR covenants that GRANTOR is seized of good and
sufficient title and interest in the property subject to the Easement
and has full authority to enter into and execute this Agreement.
GRANTOR further covenants that there are no other liens, judgments, or
impediments of title on the property covered by the Easement.
13. It is hereby mutually agreed and understood that this
Agreement contains all agreements, promises, and understandings
between the GRANTOR and GRANTEE and that no verbal or oral agreements,
promises, or understandings shall or will be binding upon either the
GRANTOR or GRANTEE in any dispute, controversy, or proceeding at law,
and any addition, variation, or modification to this Agreement shall
be void and ineffective unless in writing and signed by the parties
hereto.
14. This Agreement To Grant Easement and the performance thereof
shall be governed, interpreted, construed, and regulated by the laws
of the State of Colorado.
15. The terms and conditions of this Agreement shall survive the
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execution and delivery of the Easement.
16. This Agreement To Grant Easement (including the easement for
ingress, egress and utilities) may not be sold, assigned, or
transferred at any time by GRANTEE except to GRANTEE'S affiliates or
subsidiaries. As to other parties, this Agreement may not be sold,
assigned, or transferred without the written consent of the GRANTOR,
such consent not to be unreasonably withheld.
17. In the event that either party hereto shall institute suit to
enforce any rights hereunder, the prevailing party shall be entitled
to recover court costs and a reasonable attorney's fee. Upon appeal,
the prevailing party shall be entitled to recovery of court costs and
reasonable attorneys' fees incurred as a result of such appeal.
18. All notices hereunder must be in writing and shall be deemed
validly given if sent by certified mail, return receipt requested,
addressed as follows (or any other -address that the party to be
notified may have designated to the sender by like notice):
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04/22/91
Colorado RSA No. 3 Limited Partnership
GRANTEE: c/oU S West NewVector Group, Inc.
3350 161st Avenue Southeast
P. 0. Box 7329
Bellevue, Washington 98008-1329
Attn: Real Estate Department
GRANTOR: Stella Mae Olsen
505 Williams Street
Glenwood Springs, CO 81601
Telephone: (303) 945-6814
9
19. The obligations of both GRANTOR and GRANTEE contained herein
shall survive the execution and delivery of the Easement as evidenced
by Exhibit "'C" .
20. This Agreement shall extend to and bind the heirs, personal
representatives, successors and assigns of the parties hereto.
IN WITNESS WHEREOF, the parties hereto have set their hands and
affixed their respective seals the day and year first above written.
GRANTOR: Stella Mae Olsen
,tziaL7)2
Stella Mae Olsen
524 --ori &,rl
SS # or Taxpayer ID#
' Colorado RSA No. 3 Limited Partnership, by
GRANTEE: U S West NewVector Group, Inc., general partner
By: (ea44( 60,
Its:
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DIRECTOR OF REAL ESTATE i ZONING
10
INDIVIDUAL ACKNOWLEDGMENT
STATE OF G 7
) ss.
COUNTY .OF
On this day personally appeared before meJ
to me known to be the individual(s) described in and who executed the.
within and foregoing instrument, and acknowledged that h�they
�
signed the same as his er their free and voluntary act an eed, for
the uses and purposes trein mentioned.
GIVEN under my hand and official seal this/ day
1994
NOTARY PUBLIC in and for the State
of , residing
at ./Jtt.c.c. d7 -J .'-
My commission e pire
STATE OF WASHINGTON )
ss.
COUNTY OF RING
On this l day of re, , 1992.,
before me, the undersigned, a Notary Public in and for the State
of Washington, duly commissioned and sworn, personally appeared
Elia Cote', to me known to be the Director, Real Estate, of U S
WEST Newvector Group, Inc., the general partner of Colorado RSA
No. 3 Limited Partnership, the partnership that executed the
foregoing instrument, and acknowledged the said instrument to be
the free and voluntary act and deed of said partnership, for the
uses and purposes therein mentioned, and on oath stated that she
is authorized to execute the said instrument.
WITNESS my hand and official seal hereto affixed the day and year
first above written.
JANE L AWNM
mnrorrNI UC-iOaEa1amr
COUNTY OF KI AIG,
*OM. Expires Mu. 10,1992
NO2,1C in and for the State of
Washington residing at King County.
My commission expires _0-4/-9P-
CO3GLENWOOD-3
Situated on NW 1/4 SW 1/4, Sec. 9, T6S, R89W
Also shown as Assessor's Parcel No. 2185-093-00-020
City of Glenwood Springs, Garfield County, State of Coloradd
.EASEMENT
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CO3GLENWOOD
FILED FOR RECORD AT REQUEST OF
AND WHEN RECORDED RETURN TO:
U S WEST NewVector Group, Inc.
3350 161st Avenue S.E.
P. O. Box 91211
Bellevue, Washington 98008-2211
EASEMENT
EXHIBIT C
The Grantor, Stella Mae Olsen, for and in consideration of Ten Dollars ($10.00)
and other good and valuable consideration, the receipt of which is hereby acknowledged,
grants and conveys to Grantee, Colorado RSA No. 3 Limited Partnership, an ingress,
egress, utilities to the site and communications facilities easement and right- of -way, on,
over, across, along, under, and through Grantor's property. Grantee shall use the
Easement for construction, maintenance and operation of a Mobile Communications
Facility. A legal description of the property and easement, to be obtained at Grantee's
expense, shall be attached hereto as Exhibit B, and shall become the final description of
the property and easement granted hereunder.
The easement granted herein shall run with the land described in attached Exhibit B
for an initial term of five (5) years, commencing upon exercise of the option of the Option
and Agreement to Grant Easement dated January 28, 1992. Grantee has options to extend
the Easement for four (4) consecutive five (5) year terms. The terms hereof shall apply to
and be binding upon the Grantor's heirs, executors, administrators, successors and assigns.
DATED this day of , 1992.
GRANTOR: Stella Mae Olsen
ADDRESS: 505 Williams Street
Glenwood Springs, CO 81601