HomeMy WebLinkAbout4.0 Conditions of ApprovalIlll il[rHf llfl]lll ll*l Ml, hlTi rHll I H iIH'hIt[ t I il I
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When recorded, please return to: Sarah L. McNulty
7747 County Road 100
Carbondale, CO 81623
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT ("Agreement') is made and entered into the date and
year set forth below by Sarah Lillian McNulty, an individuai (hereinafter referred to as the
"Grantor").
WITNESSETH:
WHEREAS, Grantor is the owner of the real property legally described in Exhibit A
attached bereto and incorporated herewith by this reference ("Burdened Property"), which
property is tangent to and has access to a county road via County Road 113; and
WHEREAS, Grantor is also the owner of the real property iegally described in Exhibit
B attached hereto and incorporated herewith by this reference ("Benefitted Property"); "nd
WHEREAS, the Benefitted Property may be accessed over and across the Burdened
Property; and
WHEREAS, Grantor desires to establish and dedicate an easement over an existing track
for vehicularo equestrian, and pedestrian ascess, ingress and egress over and through the
Burdened Property for the benefit of the Benefitted Property on certain tenns and conditions; and
WHEREAS, Grantor desires to memorialize the agreement for access, ingress and egress
to and from the Benefitted Property by entering into this Agreement;
NOW, THEREFORE, in consideration of the foregoing premises, the covenants and
agreements hereinafter contained, and for other good and valuable consideration, the receipt and
sufficiency of rvhich are hereby expressly acknowledged, the Grantor hereby covenants and
agrees{s.follows:
l. Grant .of Easemenl. Grantor hereby establishes and dedicates, for the benefit of
the Benefitted Property, a perpetual, non-exclusive easement on, over and across that certain
property described on Exhibit C attached hereto and incorporated herein by ttris reference (said
thirty (30) foot wide stip is referred to as the "Easement Area"), for the limited purposes of (a)
vehicular, pedestrian, and equestrian access, ingress and egress to and from the Benefitted
Property, (b) for snow stacking and storage, ds necessary, and (c) for underground utility lines
and facilities serving the Benefitted Property. It is hereby expressly understood and agreed that
the easem?nt rights granted in the Easement Area are for the sole purpose of vehicular,
pedestrian, and equestrian access, ingress and egress to and frort the Benefitted Property, and
does not include (a) hunting or other recreational access over, to and from said Burdened
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Property, (b) any right to park within or otherwise use the Easement Area or any other portion of
the burdened Property, or (c) any other right ofuse of, or access, ingress and egress over, to and
from, the Burdened Properly. No owner of the Benefitted Properly shall construct any
aboveground utility improvements within the Easement Area,
The easement rights granted in and to the Easement Area are intended to be used solely
as a private driveway for noncommerciai uses to provide nonexclusive ingress and egress for the
ownir of the Benefitted Property, his,/her successors, guests, and lessees, over and across the
Burdened Property,
Z. Care gf Easement. Subject to the limitations and restrictions set forth in this
Agreement, the surface of the Easement Area may be improved, repaired and maintained by the
Grantor or the owner of the Benefitted Property, in hisftrer discretion, at any time from time to
time, including without limitation, grading, plowing, and placing gravel thereonl provided,
however, that the owner of the Benefitted Properly shall not pave the Easement Area with
asphalt or concrete nor use explosives or other similar means to blast anything in, on or under the
surface of the Easernent Area; and provided, further, that Grantor shall have no duty or
obligation to improve, repair or maintain the Easement Area. The costs and expenses of such
improvement, repair and maintenance (herein "Work") shall be promptly paid by the party who
peiforms the Work or at whose request the Work was done; except that if the necessity for the
Work resulted from the intentionalo wrongful act(s) of my partY, their contractors, employees,
guests or invitees, then the costs and expenses of such Work shail be paid by such parry,
provided that said pafiy shalt have first been given written notice and a reasonable amount of
iime under the then prevailing circumstances to have completed the Work. Notwithstanding
anything to the contrary contained in this paragraph 2, at no time shall use of the Easement Area
pursuant to this Agreement be totally obstructed incidental to any Work. Further, nothing in this
Agreement shall be interpreted as consent from Grantor to the owner of the Benefitted Property
to improve, alter, or otherwise afflect any portion of the Burdened Property other than as
expreisly set forth herein, it being expressly understood and agreed that nothing in this
Agreement allorvs owner of the Benefitted Property to remove or trim any tee, shrub or other
landscaping on the Burdened Property, and no improvements on the Burdened Property shall be
disturbed by the owner of the Benefitted Property.
After any construction, installation, maintenance, repair, or replacement of any road or
utility improvements within the Easement Area by ttre owner of the Benefitted Property, the
owner of itre Benefitted Property shall restore, at his/her sole cost and expense, the surface of the
area affected by the Work to the grade and condition it was in immediately prior to said
construction, installation, maintenance, repair, or replacement, which obligation shali include,
but shall not be limited to, the grading of such area to the extent the need for such is attributable
to that owner's work within the affected area. The owner of the Benefitted Property agrees to
replant any vegetation disnrbed by said owner's work and to remove any excess earth resulting
from such owner's work within the Easement Area.
It is further agreed that no owner shall have any obligation to repair andlor maintain the
utilities instalted by another owner within the Easement Area, and the owner of the Benefitted
Property agrees to hold the Grantor harmless and indemnify the Grantor from any damage or
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claim arising out of the failure by the owner of the Benefitted Property to properly install, repair
or maintain any utilify lines and associated facilities. If, in order to effect repairs and/or
maintenance on the utility lines and/or associated facilities, the owner of the Benefitted Properly
needs to excavate within the Easement Area, unless an emergency situation exists, the owner of
the Benefitted Property shall give the owner of the Burdened Property reasonable advance notice
of said owner's intent to effectuate such repairs and/or maintenance. Such owner shall, in the
interest of safety, exercise reasonable precautions to mark the location of any excavation with
flags, signs, barriers, or other means so as to warn third parties of any open trenches.
3. Liens. The owner of the Benefitted Property shall keep the Burdened Property
free from all mechanics and/or materialmen's liens and any other liens or encumbrances arising
out of the use of the Easement Area under this Agreemenl The owner of the Benefitted Property
agrees to indernnift, defend, and save Grantor harmless of and from all liability, loss, damages,
costs or expenses, including reasonable afiorneys' fees, incurred in connection with any claims
of any nature whatsoever for work performed for, or mateial, services or supplies fumished to
the owner of the Benefitted Property, including lien claims of laborers, materialmen, or others.
Should any lien be filed or any action commenced affecting Grantor or the Burdened Property
based on any lien claim, the owner of the Benefitted Property shall cause such lien claim to be
released (of record, if recorded) within twenty (20) days of notice of such lien claim or action is
received by owner of the Benefitted Property. Should the owner of the Benefitted Property fail
to obtain such release, or if the owner of the Benefitted Property fails to post a bond or other
assurance which clears the Burdened Property of such lien or threat of lien, then Grantor may
(but is not obligated to) pay such lien or claim and any costs associated therewith, and the
amount so paid, together with reasonable attorneys' fees incurred in connection therewith, shall
be immediately due from the owner of the Benefitted Properly to Grantor, with interest thereon
at eighteen percent (18W per anirum from the date incurred.
4. Indemnitv and,Insurance, The owner of the Benefitted Property shall defend,
indemnifr, and hold harmless the Grantor, her agents, employees, successors and assigns from
and against all liabilities, claims, or causes of action, judgments, and/or damages arising from the
use and/or occupation of the Easement Area by the owner of the Benefined Property and in
connection with the performance of any Work on the Burdened Property. Without limiting the
generality of the foregoing, the owner of the Benefitted Property agrees to indemniff and hold
the Grantor, her employees, successors and assigns harmless from and against all costs
(including reasonable attomey's fees), liabilities, causes of action, judgments and claims for
injuries or damages to the Grantor, her occupants, invitees, licensees, employees, and
contractors, resulthg from use of the Easement Area by the owner of the Benefitted Property,
his/her employees, representatives, agents, and contractors, The owner of the Benefitted Property
shall maintain commercial general liability insurance naming the Grantor as an additional
insured and in coverage limits of not less than One Million Dollars ($1,000,000.00) sufficient to
repair or replace any damage created by the use by the owner of the Benefitted Property of the
Easement Area and/or other portion of the Burdened Property and, in addition, shall maintain (pr
cause his/her contractors to maintain) worker's compensation coverage (if the nature of siid
owner's undertakings with respect to the Easement fuea require that any or all of his/her
employees be provided such coverage) and insurance for general liability and/or personal
liability which may occur within the Easement fuga. Ail insurance poiicies required to be
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carried by the oltrner of the Benefiued Property hereunder shall include a waiver of subrogation.
Nothing contained in this paragraph 4 shall be construed to limit the liability of the owner of the
Benefitted Property.
5. Benefit of Easement: This Agreement is granted solely for the benefit of, and is
personal to, the owner of the Benefified Property and hislher invitees and guests, and does not
create any additional rights of access for any individual or entity other than the owner of the
Benefitted Property and his/her successors and assigns. The owner of the Benefitted Property
may not assign his/her rights pursuant to this Agreement, nor allow others to use the Easement
Area desoribed herein, except insofar as is necessary to grant licenses to contractors to improve,
repair and/or maintain the Easement Area during the time periods ilecessary for such
improvement, repair or maintenance work.
6. Reservation for Grantor. The Grantor reserves the right to use the Burdened
Propertry, or any portion thereof in any manner that is not inconsistetrt with the rights and
easements granted in this Agreement.
7. Inurement. All provisions of this Agreement shall nrn with, burden and benefit
the Burdened Property (including, without limitation, the Easement Area) and the Benefiued
Properly, and shall be binding upon and inure to the benefit of the Grantor, the owner of the
Benefitted Propery, and their respective successors and assigns. This Agreement is only for the
benefit of the property described herein, and no other person or entity or adjacent property ot
property owner shall be entitled to rely upon ary matter or shall have the benefit of the easement
granted herein or shalt gain any rights under this Agreement. Nothing in this Agreement shall be
deemed to be a gift or dedication of all or any part of the Burdened Property to the public or for
any public use.
8. Jurisdiction and Venue. This Agreement shall be construed and enforced in
accordance with and governed by the laws of the State of Colorado. The parties agree that all
actions or proceedings initiated by either of them arising directly or indirectly out of this
Agreement shall be titigated in the state courts of Colorado located in Garfield County,
Colorado. Each of the parties hereby submits and consent in advance to such jurisdiction in any
action or proceeding commenced in such courts. Each of the parties hereby waives any claim
that Garfield County, Colorado is an inconvenient forum or an improper forum based on lack of
venue.
9. Attorneys' Fees, In the event of any action for breach of, to enforce the
provisions of, or otherwise involving this Agreement, the court or arbitrator in such action shall
award a reasonable sum as attorneyso fees to the party who, in light of the issues litigated and the
court's or arbitrator's decision on those issues, was &e prevailing pafiy in the action. If a party
voluntarily dismisses an action, a reasonable sum as attomeys' fees shall be awarded to the other
parry.
10.. Miscellane.ous. This Agreement, when fully executed, shali be recorded in the
real estate records of Garfield County, Colorado. This Agreemert may aot be amended or
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nrodif'ied. e\cel)r b1 arr a-srecll]Brrt in rlriting siglre<l kr1' the cratttor or the lltctl orrler of that
norriorr of rhc Burdenecl propertl. orc^rhilrr rrre Eascure.I j\rea iS rOcatccr. a,d h1' rhe thcn
..,r,,u*, of rtre Re*e{ltted Propertl. .*rt tt"i-*t bi Ji partl'hcreto ol'arl1'breach ol'an'kind or
criaracrer rvhars.er.tr b1.trr otrrcr partl'.,,ii.rii.r ru.tr be directtlr inrplicd. strall not he conslrttt'd
a-s a c,rrtinuing n.air.er of or co.se,',, ro n,rir.tUraq,*'it bretc. of this Agreetrretrt t)n the part of
the rrther part)'.
I l . cclg,\ \or Applicahle: 'ro tlre tirllesr crterlt pentritteci bl la$ ' thc parties tt aiYe
anl. ri,uhr rc. clairrr r'trr tl:is r\greetnettt ,,;;;i ;; ,ereof s.all be subir"ct to or so'emed h1 t'c
pror.isio,s of the r-uioroau (iorrr*ro,-, tnr.re.r corrrnuni*'.,\cr- c.R.s. sccti.n ig-i'1'-i-l0l' ct
seq.
I\ \\'ITNIISS \\,H[:REOF'
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.l.helt>re':0ineEascr]]enlAgrr..elttt.lltr\.flsackttorr.ledgedbelirre
J a-\#=_- ;;,; - hv Sarah Lillia, iuc\*lt1'- n, irrdir idtrirl'
\\'itness,rtYn,td anti ol'ficiaI seal'
\1r' coulrttissitrtl t'xlrires :
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Notary Public
Stslo o, Colorado
Norary tO I tsgzlzlossO
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nre rhis 3 -.!c da1' of
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EXHIBIT A
Legal Description of Burdened Property
A parcel of land situate in the SWt/4 Section 33, Township 6 South, Raqge 87 West of the 6th
Principal Meridian, Garfield County, Colorado, being described as the 51/2 SW1/4 SW1/4 of
said Section 33, the exterior boundary being more panicularly described in metes and bounds as
follows:
Beginning at W l/16 comer on the south line of said Section 33, being a found 2.5" aluminum
cap stamped LS 276i3, the basis of bearing being N00o06'25"E to the SW 1/16 corner of said
Section 33 being another found 2.5" aluminum cap stamped LS 27613;
thence 589o33'51"E a distance of 1326.98 feet to the southwest corner of said Section 33;
thence N00o02'27"E a distance of 657.62 feet;
thence S89o35'57'oE a distance of 1327.73 feet;
thence 500o06025"W a distance of 658.43 feet to the Point of Beginning:
Said parcel contains 20.05 acres more or less,
And
A parcel of land situate in the NWli4 NW1i4 Section 4, Township 7 South, Range 87 West of
the 6tl' Principal Meridian, Garfield County, Coiorado, being described as Governrnent Lot 4 of
said Section 33, the exterior boundary being more particularly described in metes and bounds as
follorvs:
Beginning at NW lli 6 corner of said Section 4, being a found 3.25" aluminum cap stamped LS
37049, the basis of bearing being N00o21'19"E to the W 1/16 coroer on the north line of said
Section 4 being a found 2.5" aluminum cap stamped LS 27613;
thence N89o13'37"W a distance of 1319.50 feet to the N 1/16 corner of said Section 4;
thence N00'01'40"E a distance of 1314.31 feet to the northwest corner of said Section 4;
thence S89o33'5i"E a distance of 1326.98 feetto the W 1/16 corner of said Section 4;
thence S00o21'19"W a distance of 1322.04 feet to the Point of Beginning:
Said parcel contains 35.90 acres more or less.
This description was prepared byl
Alan R. VanPeltPLS 37049
2371 S. San Miguel Dr.
Grand Junction, Colorado 81507
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EXHIBIT B
Legal Description of Benefitted Property
A parcel of land situate in the SWI/4 of Section 33, Township 6 South, Range 87 West of the
6th Principal Meridian, Garfield County, Colorado, being described as the NEI/4 SWl/4 SWI/4
of said Section 33, the exterior boundary being more panicularly described in metes and bounds
as follorvs:
Beginning at the SW 1/16 comer being a found 2.5" aluminum cap stamped LS Z76l3,the basis
of bearing being S00o06'25uW to the W l/i6 comer on the south line of said Section 33 being
another found 2.5" aluminum cap stamped LS ?761J;
thence S00o06'25"W a distance of 658.43 feet;
thence N89"35'57"W a distance of 663.87 feet;
thence N00o04'26"E a distance of 658.02 feer;
thence s89o38'03"E a distance of 664.24 feet to rhe Point of Beginning:
Said parcel contains 10.03 acres more or 1ess.
This description was p.epared by:
Alan R. VanPelt PLS 37049
2371 S. San Miguel Dr.
Grand Jnnction, Colorado 81507
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EXIIIBIT C
Legal DescriPion of Easement Area
A strip of land for an ingrcss/egress and utility easement situate in the NW 1/4 Section 4,
fownstrip 7 South, nan[e 8? *est and the S 1/2 SW i/4 SW 1/4 Section 33, Township,6 South,
Range 8i West ofihe 6th Principal Meridian, Garfield County, Colorado, being 15.00 feet
on each side of the following described centerline;
Commencing at W l/16 corner on the south line of said Section 33, being a found 2.5" aluminum
cap stampeAis ZZe tg, the basis of bearing being S00o2-1'l9uw to theNW 1/16 comer of said
Seition 4 Ueing a found 3.25" aluminum cap stamped LS 37049;
thence S06o09r4',W a distance of 178.73 feet to the westerly right-of-way of Garfield County
Road No. l l3 and the centerline of an existing gravel road and the Point of Beginniug;
thence along said existing gravel road the following 8 courses;
(1) N01"26'34"W a distance of 287.88 feet
iZi atong the arc of a curve to the left a distance af 102.74 feet, having a radius of 100'00 feet
and acentril angle of 58o51'54" the chord of which bears N30o52'31'W a distance of 98.28 feet
(3) N60"18'28"W a distance of 5l-21 feet
i+i atong the arc of a curve to the right a distance of 72,9A feet, having a radius of 55.00 feet
arrda central angle of 75o56'33"the chord of which bears N2220'11uW a distance of 67'68 feet
(5) Nt5o38'06"E a distance of 38.63 feet
(Oj atong the arc of a curve to the left, a distance of 66.45 feet, having a radius of 90.00 feet
andacerrtrll angle of 42o18'02" the chord of which bears N05o30'55"W a distance of 64.95 feet
(7) N26"39'56'W a distance of 269.62 feet
(aj NlO.tZ'46"W a distance of 43.71feet to the north line of said S 1/2 SW I/4 SW 114 af
and the Point of Terminus;
the sidelines of said easement to be extended or shorten and to terminate at said common line:
Said strip contains 0.65 acres more or less.
This description was PrePared bY:
Alan R. VanPelt PLS 37049
2371S. SanMiguel Dr.
Grand Junction, Colorado 81507
re@lrffir-r"ii,['}r'*WELL PERAA]T NUAiBER 3I4T6E-
RECEIPT Htl 'IBER 3692501
ORIGIHAL PERA'IIT APPLICANTIS) APPRWED WELL LOCATION
SARAH I^CNULTY water DiviSiOn: 5 water District: 38
Designated Basin: N.,A
ManagementDistrict N/A
County: GARFIELD
PaTCeI NAMe: QUARTER CIRCLE 8 HANCH RLD
Lot: 1 Btock: Fitiry:
PhysicalAddress: NiA
SW 1/4 SW 1i4 Section 33 Township 6.0 S Range 87.0 W Sixth P.M.
UTlrt COORDIMTES (ileters. Zone:13. NADE3)
Easting: 117708.0 Norrhirg: 414831.0
PERA'IIT TO T,SE AN EXISTIHG WELL
ISSUANCE OF THIs PERAAIT DOES NOT CONFER A WATER RIGHT
CONDITIOi.IS OF APPROVAL
1) This u/ett sha[t be used in such a way as to cause no rnaterial injury to existing water rightg. The issuance of this p€rmit does not
eflsure that no injury will occur to another vegted water right or prectude ffiother owner of a verted water right from seeking
retief in a civil court action.
7l The ccnstruction of this wett $att be in cunpliance with the Water Wet[ Construction Rutes 2 CCR 402-2, unlets approral of a
variance ha been gntnted by the State Board of Examiners of Water Welt Construction and Pump lnstatlation Contractors in
accordance with Rule 1 E.
ll Approved pursuant to CRS 37-92-602(3)(bJ{ll,(A} for the changg of use of a wetI cmstructed under p€rmit no. ?90E84 and later
rep€rmiBed under permit no. 3ffi217, a the onty vlrett m a residential site of 10.03 ilre{s) described ac Lot 1, Quafter Circte I
Rarch Rurat Land Developm€nt Exemption, Garfield County. lsgtance of this permit hereby cancels permit no. 3ffi237.
4) The us€ of ground water f rcrn this w€tt B timited to ordinary househotd puposes inside one singte famity d.anetting. The ground
water shall not be used for irr(Iation or other purpos€s.
5) The pumping rate of thb'arett shatl not exceed 15 GPIA.
The return flow frorn dre use of this wett must be thror4h an indwiduat waste water disposat system of the non€vapor"ative type
where the water is returned to the sarne stream rystem in v./rich the wett is tocated.
7l This wett shatt b€ tocated not more than 200 feet f rum the location specified on this permit.
NOTE: This permit witt expire on the expiration date unless he wett is coBtructed by that date. A Wett Constrxtion and Yietd
Btimate Report (GU6-lll must be submitted to tfie Division of Water Resources to verify the wett has been constructed. An
extemion of the erpiration date nuy be avaitabte. Conttri the DWR tor additionat information or refer to the extension reguest
fo rm {GW5{4, avai ta bte a U h ttp: / /www. wa ter. state. (o. us
,'.il Date lssued:
Expiration Date:
7 t16t2019
N/A
lssued By 6EOFFREY DAVIS
Printed 07-16-1019 For questions Sout this permit catt 303.866.3581 or go to www.water.state.co.r6 Page 1 of 1
From:
To:
Subject:
Date:
lenny Cutrioht
Claire Dalby
lExternall McNulty Impact Fees
Monday, August 12, 2019 1:54:25 PM
Claire -
This email is to confirm that Wendy McNulty paid $1460 to Carbondale & Rural Fire
Protection District for impact fees (2 residential unitsJ in f une 2019 for the Quarter
Circle 8 Ranch Rural Land Development Exemption.
If you need any more information, please do not hesitate to contact me.
Best,
fenny Cutright
Finance Director
Public Information Officer
Director of Human Resources
Carbondale & Rural Fire Protection District
300 Meadowood Drive
Carbondale,CO 8!623
www.carbondalefire.ore
970-963-249L
; RECEI 025738
RECEIVED TROM