HomeMy WebLinkAboutEASEMENT Reception 2021012642, Grant of Utility, 94 Aspen Meadow LnRECEPTION #20210102642, 11/9/2021 9:21:27AM,
1 of 3, $23.00
Angela Myers, Clerk & Recorder, Larimer County, CO
GRANT OF UTILITY EASEMENT
THIS GRANT OF UTILITY EASEMENT is made this day of i , ). 4..,>, ,
2021, byand between �., ,,,,,, ,. o ro • 1, �: f , 1 ("Grantor"), whose address
is / ivs, r e , 3 th « AC:, 4 ... „) , and the TOWN OF ESTES PARK,
COLORADO, a Colorado municipal corporation ("Town").
WITNESSETH:
FOR GOOD AND VALUABLE CONSIDERATION, the adequacy and receipt of which
is hereby acknowledged, Grantor has this day bargained, sold, conveyed, transferred, and
delivered unto the Town, its successors, and assigns, in perpetuity, an exclusive easement in,
over, under, through, and across the real property described below for purposes of constructing,
repairing, replacing, relocating, inspecting, operating, maintaining, and accessing Town -owned
utility systems across, through, upon, and over and under the real property described below;
provided, however, that the Town shall make every effort reasonable to restore the ground
surface to its prior condition after any disturbance of such surface. The term "Town -owned
utility systems," as used herein, shall include above and below ground wires, lines, cables, ducts,
conduits, pedestals, risers, poles, vaults, and any other equipment, appurtenances, and structures
associated with electric, -communications, systems that are owned and operated by the Town.
The term "exclusive easement" means: that Grantor is prohibited without prior written
approval from the Town from constructing or placing on any part of the easement any fence or
gate, building, above or below ground utility systems, appurtenances, trees, shrubs or vegetation
not owned or maintained by the Town, or any other permanent or substantial structure, or in any
way modifying the Town -owned utility systems or their lateral or subjacent support. The Town
shall be permitted to immediately remove without liability for damages any obstruction
prohibited by this easement that interferes with the Town's access to the Town -owned utility
systems or impairs the Town's full free use and exercise of the easement. The Grantor covenants
and agrees to cause the easement area and any improvements installed thereon other than the
Town -owned utility systems, to be maintained and kept, at its sole cost and expense, in good
condition and state of repair.
Together with the right to enter upon said premises, survey, construct, maintain, operate,
control and use said utility facilities and to remove any objects interfering therewith, including
reestablishing drainage contours, trimming and removal of bushes, trees and other vegetation,
and the right to permit the construction, operation and maintenance of utility facilities of a
separate utility, whether or not owned by the Town. The Grantor reserves the right to cultivate,
use and occupy said premises for any purpose consistent with the rights and privileges above
granted. The Grantor agrees to indemnify and hold harmless the Grantee and its officers and
employees from any and all suits, claims, damages, liability or court awards, including costs and
attorney fees that are or may be awarded as a result of any loss, injury or damage sustained or
claimed to have been sustained by anyone including but not limited to any person, firm,
partnership or corporation in connection with or arising from Grantor's use, maintenance, or
operation of the easement area or any or all of its improvements installed thereon.
Rev. 1-2021
The easement hereby granted, situated in Larimer County, Colorado, is described as
follows:
Exhibit A — Easement Description AND Granting Property Legal Description
Exhibit B — Easement Drawing
TO HAVE AND TO HOLD said easement unto the Town, its successors, and assigns
forever. Grantor does hereby covenant with the Town that it is lawfully seized and possessed of
the real property above described, that it has a good and lawful right to convey the easement
herein granted, that the easement is free and clear of all liens and encumbrances, and that it will
forever warrant and defend the title thereto against lawful claims of all persons whomsoever.
The provisions of this Grant of Utility Easement shall be construed as to their fair
meaning, and not for or against any party based upon any attribution to such party of the source
of the language in question. None of the terms or conditions in this Grant of Utility Easement
shall give or allow any claim, benefit, or right of action by any third person not a party hereto.
Any person other than the Grantee or the Grantor receiving services or benefits under this Grant
of Utility Easement shall be only an incidental beneficiary. This Grant of Utility Easement is an
integration of the entire understanding of the parties with respect to the matters stated herein.
The parties shall only amend this Grant of Utility Easement in writing with the proper official
signatures attached hereto. No waiver of any breach or default under this Grant of Utility
Easement shall be a waiver of any other or subsequent breach or default. This Grant of Utility
Easement shall be governed and construed in accordance with the laws of the State of Colorado.
IN WITNESS WHEREOF, Grantor has executed this Grant of Utility Easement the day
and year first above written.
GRANTOR:
By:
Print Name
Title: CX '),
State of
) ss
County of err C.__..._.. )
g' g •emeby T e foregn instrument was acknowled ed befoi 0
of Grantor, this ';T day of , , 2021.
Witness my hand and official Seal. My commission expires: "%..
DAVID HUB HALL
NOTARY PUBLIC
STATE OF COLORADO
NOTARY lb 20144017367
Y COMMISSION EXPIRES 0444/2022
%lotary Public
, as
Rev. 1-2021
TOWN OF ESTES PARK:
By:
Print Name:
r •TAck
Title: L c; COO I r\c,...4- a
Rev. 1-2021