The URL can be used to link to this page

Home My WebLink AboutDeclaration of Roadway Easementf il il lr H,lt 1,t1, hltl !t, i l,l{ l " l'{ll !+il h lll ff' + I Llft lvl I I I I I Reception$ i IOOASO$ @5112120.26 12:16:37 PM Jaoklvn K. Harmoni of 4 Rao Fee:$28.@0 Doc Feei@.9@ GARFIELD COUNTY CO DECLARATION OF ROADWAY EASEMENT THE UNDERSIGNED, HEATHCOTE WEST LLC, a Colorado limited liability company, being the fee simple owner of twelve adjacent and contiguous real properties constituting and known as the Heathcote West Tracks SB35 Subdivision Exemption, free and clear of all liens and encumbrances, hereby establishes and declares to exist an easement (the "Roadway Easement") for ingress and egress to and from the properties to Sweetwater Creek Road, a public right-of-way, and for utility purposes. WITNESSETH: WHEREAS, Heathcote West LLC, a Colorado limitdd liability company, is the record owner of twelve adjacent and contiguous tracks of real property (the "Tracts") described as follows: Ten real properties situated in Garfield County, Colorado, described as Track HW- G1, Track HW-G2, Track HW-G3, Track HW-G4, Track HW-GS, Track HW-G6, Track HW-G7, Track HW-G8, Track HW-G9, and Track HW-G10; Heathcote West Tracts SB35 Subdivision Exemption; Garfield County, CO, according to eld County C and Recorder in Boo the plat k,v4_,thereof recorded with the Garfi Pager'jA , as reception number Two real properties situated in Eagle County, Colorado, described as Track HW- E1 and Track HW-E2; Heathcote West Tracts SB35 Subdivision Exemption; Eagle County, CO, according to the plat thereof recorded with the Eagle County Clerk and Recorder in Book M, Page/Ur{-, as reception number &oa5o b@a WHEREAS, the Tracts are accessed from Eagle County Road 40, a dedicated public right-of-way known as Sweetwater Road, and through private roadways developed over and across the Tracts; and, WHEREAS, this Roadway Easement guaraniees unobstructed access, ingress and egress to and from each of the Tracts to Sweetwater Creek Road, for all lawful purposes including but not limited to the installation and maintenance of a roadway serving each Tract and installation and maintenance of utility services serving each Tract; and, 'WHEREAS, Heathcote West LLC has full power and authority to execute this declaration; and, NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and in further consideration of the terms, conditions, covenants and mutual promises contained herein, the parties hereto agree as follows: 1. Decla ration of Roadwav Easement on_Heathcote West LLC, owner of the Tracts, hereby reqerves for itself, and its grantees, successors, and assigns a Roadway Easement over and across each of the Tractsfor all lawful purposes which do not interfere with the exercise and enjoyment by owners of the Tracts and which shall be deemed an easement lying on and appurtenant to and benefitting each of the Tracts. Extent. The Roadway Easement shall be a fifty-foot wide area measured twenty-five feet to either side from the as-constructed centerline of the roadways, as conceptually depicted in Exhibit A, plus such additibnal adjacent area for landforms, drainage improvements, engineered structural systems, and earth retention systems necessary for the slructural support and integrity of the roadway. At a minimum, the Roadway Easement shall always 2 vl r il Hfu # ! t[4, E l+lhtl t tfu ,hlT['t'1]l't'rlfi [l { l'Ilfi ] ll I [f{"r"4ldt"f iarlgiffi "*"FIlysboBEfi f ?i..ocouNTyco extend from the Sweetwater Creek Road right-of-way to each of the Tracts. The Roadway Easement shall assume and be considered modified to account for any accretive, temporary, or permanent re-alignment or re-routing of the roadways as may occur from time to time. g. prlv..nte Roads. The Roadway Easement is a private access for the use and benefit of the iiact owners, their guests, and for emergency access needs. The Roadway Easement is not a public roadway, has not been dedicated for public use, and does not permit public use or any manner of public access. The Roadway Hasement connects, physically, to Eagle County Road 40, a public right-of-way known as Sweetwater Road. 4. Us_.e. The Roadway Easement may be used for all forms of surface travel for purposes of ilibstructed access, ingress and egress to and from each of the Tracts to Sweetwater Creek Road, for all lawful purposes including but not limited to the installation and maintenance of a roadway; installation tnd maintenarice of landforms, drainage improvements, engineered structural systems, and earth retention systems necessary to support and enable such roadway; and the installation and maintenance of underground utilities and associated vaults, conduit, or above-grade pedestals or transformers serving the Tracts, The record owners of the Tracts may erect gate(s) or othenruise physically limit access to all or a portion of the Roadway Easement or the roadway in any manner that does not con1ict with emergency access needs, does not conflict with the reasonable needs of any individual Tract owner, does not conflict with access necessary for public land management purposes, or in any manner that does not conflict with access requiremenis of a utility service provider or a public agency with jurisdiction- S. lmprover,nents and Maintenance. Heathcote West LLC, and its successors and assigns, sh"ll have the nght io install a roadway and utilities within the Roadway Hasement granted herein and improve and maintain the same to whatever level may be practically necessary and lawfully allowed to serve the uses and improvements made from time to time of any of the Tracts. Expenses of such road construction and utility installations shall be shared between the record owners of the Tracts, regardless of the presence or extent of improvement on any inclividual Tract or the distance from Sweetwater Road to any individual Tract. All costs associated with annual and seasonal mainienance of the roadway or of the utilities installed within the Roadway Easement granted herein shall be shared between the record owners of the Tracts, regardless of the presence or extent of improvement on any individual Tract or the distance from Sweetwater Road to any individualTract. Upon construction, reconstruction, rernodeling, or similar activity requiring construction machinery or excessive usage of the roadway installed within the Roadway Easement, the roadway and Roadway Easement shall be promptly repaired and restored to the condition that existed immediately prior to such activity at the sole cost of the Tract owner engaging in such activitY' Upon installation, repair, maintenance, or replacement of utility lines, service lines, conduit, transformers, pedestals, or similar utility devices serving an individual Tract, the roadway and Roadway Easement shall be promptly repaired and restored to the condition I lll ll,r lril T,ltlll'f rmll lift hrtF' llHl llt r'! htl Id' I I ll I f"ilqldff it, I'f,??lflfi," I'F ! lY I 5a [afi F?E'o c.uNT y co that existed immediately prior to such activity at the sole cost of the Tract owner engagjng in such activity. 6. Agthoritv. The person signing this Declaration represents and warrants that they have the right, authority, and power to execute this Declaration on behalf of Heathcote West LLC. 7. Non-Exclusive, Rights Reserved. The Roadway Easement shall be non-exclusive. Heathcote West LLC, as owner of the Tracts, and its successors and assigns, expressly reserves the right to utilize the land within the Roadway Easement for all lawful purposes which do not interfere with the access or utility purposes of this Roadway Easement. L Governins Law. This Declaration of Roadway Easement is made with respect.to rights and obligations accruing in the State of Colorado and shall be governed by and construed in accordance with the laws of the State of Colorado. g. Bindins Effec* Covenants Runninq With the Land. This Declaration of Roadway Easement shall be binding upon and inure to the benefit of the parties hereto and their successors and assigns forever, and the benefits and burdens hereof shall constitute covenants running with the title to the Tracts. lN WITNESS WHEREOF, this Declaration of Road Easement has been executed effective as of the _ day of May,2025. HEATHCOTE WEST, LLC a Colorado limited liability company \%*K h\,* Lauren Mason, Manager SoA filed at 202505046 - Eagle County SoA filed at 1006125 - Garfield County STATE OF C^lorado e"4* ) ) ) ss. COUNTY OF The foregoing instrument was acknowledged before me this ffi"U of May, 2025 by Lauren Mason, Manager of HEATHCOTE WEST LLC, a Colorado limited liability company WITNESS my hand and officialseal, >j Notary Public My Commission Expires Attachment: Exhibit A - Diagram of Tracts and Roadway Easement. aoJ.Lp TRACT Fl \ A\k- TntC? G.4 '///" /,i' TiACT 6*3EXHIBIT A ..a* FJAUCROAD PRTVATE ROAD TMCT SOIJNDARY PRIVATE ROAD 3 EAGLE @UNTY ROAD 4I). SU/€E|WATER ROADI I I 4 TRACT G-2 \ ooo* TRACTEtlz It/ tl -/L/ Tn^crft TRACT G€ -\\ J PRNATE ROAO 2 PRTVATE ROAD 1 TRACT C.A _) TRACf G.3 TRACTffi TRACTG.T TRACT G1O IL--: TMCTF2 L : - =8=itrral|('F -El -+ cil =el-..J- tEF*8G.sra !Z6!*- *];:= X'g =3._aoil88;i9*e EEgRJr:@{, T..,.;S tJ*-u -:ss+tss: - g\o : sr6rE5{ r nortft sb - 0 1000' 2000'