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Home My WebLink AboutDOCUMENT Amended Access Easement 2001-01-11J11LI1 UI IU)IL’LJ Am 7TLflL S SYASIItSSflsLs lIWn’J-,a A hAl WI .‘All A —,— Amended Easement Agreement THIS AMENDED EASEMENT is made this iJ.day of January,2001,by and between Steven S.Swickard and Susan IX Swickard,whose address is 521 Lone Pine Drive,Fates Park,Colorado 80517 (hereinafter “First Party”),and Stephen S.Swickard, Shirley 3.Swickard and Sara Beth Swickard whose address is 541 Lone Pine Drive,Bates Park,Colorado 80517 (hereinafter “Second Party”).The parties hereby agree to amend their Easement Agreement (hereinafter “Original Easement”)dated June 14,1994,end recorded November 27,2000.at reception number 2000080721 in Larirner County, Colorado. WITNESSETH,that both Parties acknowledge good and valuable consideration has been paid for this Amended Easement Agreement NOW,THEREFORE,the First Party and the Second Party hereby agree to the following amendments to the Original Easement 1.The first sentence of Paragraph 5,Section II,Parking Easement,shall be replaced in its entirety with the following sentence: •Without the prior written consent of both Parties,neither Party shall erect any barrier,temporary or permanent,to prevent impede or delay the movement of traffic through the Road Easement or prevent parking on the tarking Basement,or erect any barrier,temporary or permanent,to prevent, impede or delay the movement of traffic through the Road Easement to other parking areas on Lot 2 (the property of the Second Party)which is accessible from the Road Easement. 2.Paragraph 3 of Section III,Road Easement,shall be replaced in its entirety to read; The costs of Installing,maintaining and repairing the roadway,and at!other necessary items,in the Road Easement shall be shared equally by beth parties.Either party shall have the authority to perform or contract for said installation,maintenance and repair provided that no such work costing in excess of $500.00 shall be performed or contracted for without the mutual written consent of both parties.In the event that both parties cannot agree about the necessity of a specific installation,maintenance or repair project, each party shall,at its own expense,employ a licensed independent contractor specializing in the work to be performed for the purpose of soliciting an expert determination as to the necessity of the proposed project.If both independent contractors independently agree that the installation,maintenance or repair work is neede4 the parties shall agree to solicit bids for the project and the work shall be performed,or contracted to TOOj lvi 9C:so 69Og/6J9O p p till L I U I L IL U I t •1..J A All I?A £1 A A 1111111 A Al Al Ad N Pfl I Ala I I’ll Al W Ad V 2 VI A A A V be performed,within 30 days by the lowest qualified bidder,unless the parties mutually agree otherwise.The above provision notwithstanding, emergency maintenance and repairs shall be permitted without mutual consent of the parties and the costs shared equally by both parties. 3.Paragraphs 2 and 3 of Section V shall be deleted in their entirety. EXCEPT AS HEREiN PROVWED,all terms and conditions of the Original Easement shall remain In full force and effect.A copy of the Original Easement Is attached hereto. N WITNESS WHEREOF,the foregoing parties have executed this Amended Easement Agreement on the date set forth above. First Party Stev n S.Swickard £.JjicKmr,o/ Susan D.Swickard STATE OF COLORADO) )55- Second Party ‘S c>..JS C—- Shirley 3.Swickard H- Sara eth Swickard I,. COUNTY OF LARIMER) The foregoing instrument was subscribed,sworn to,and acknowledged before mc this jjt’day of January,2001,by Steven S.Swickard,Susan D.Swickard,Stephen S. Swickard,Shirley 3.Swlokard and Sara Beth Swiokard. rw’&Pubic I St$ofQdcr&c, tti Jo Cojfr Witness my hand and official seat, My commission expires —‘- Notary Pubh/47 oo1 Xvi 6c:9O 6OO’6I/8O O8,O6’20u9 14:14 FAX ,V2-jQ WEt 3:09 PM YATT MARTELL EAVER FAX MO,970 484 1170 nc::i:v3 wemont (the Prking Easement”)upon,over and across the tract of land thscsibd in Exhibit B hereto,for use by First Party,its successors,assigns,agents,employees, juest arid invizeis,jointly with Second Party for a.motor vehicle parking area,driveways and relatei purposes,subject to the tenas,coaditions and provisions hereinafter set forth. Th term of the Parking Easement shall be perpetu4 subject to the proviso that the P9s!cq Etcmont ohaIl be deemed abandoned,shall teuninato and revert to Second Party in the event that Zirst Party ceases to use it for a period of one year. aiIL”1 LunEmrsrs jgjfl4ypflWI\’ai.i a,) Firsc Party shall erect no barriers between the Parking Easeznern and Second Party’s adjoining aL4 sarrounding property which would impede or delay the movement of traffic to or fz thc Parking Easement Neither First Party nor Söcond Party shall use the Parking Basement for ny zurzoij other than as hereinabove stated without the written permission of the other, i±out Limtng the genenality of the preceding sentence,tho following uses are expressly pLacEYa:$tort4e (of motor vehicles or any other materials,supplies,goods or equipment). tnd assamblics,whether for a commercial or a non-commercial purpose. EL Rod Easement Pint Party and Second Party hereby grant and convey unto each other,their successors ‘s4 as.cigas,a mutually non-exclusive easement upon,over and across that portion of the tract c?!rAd descsibed in Exhibit A which is owned by each for use by both First Party and Second ?sty,teLr suctessors,assigns,agents,employees,tenants,guests and Invitees,jointly.Sr a pnvate access road,Installation of utilities and related purposes,subject to the terms,conditions and provisions hereinafter set forth;and First Party and Second Party hereby grant and convey uutc’ach othFjr,their successors and assigns,a non-exclusive casement upon,over and across ttL.pc’ton of the tract of land described in Exhibit A which is owned by First Party and Second Party,fr the use by both Parties,their suceegsorsi assigns,ageats employees,tenants,guests and nittes,jointly with the other party,for a private access road,installation of utilities and related rr±)O-M,subject to the terms,conditions and provisions hereinafter sot forth.The easements grantød in this ?aragraph are and shall be mutual and reciprocal and may be referred to hb!ei:?ter colle.cüvoly as the “Road Easement”. Thti terx of the Road Easement shall be perpetual. The costs of repai;maintenance,clearing,trash removal,snow plowing and other 1:pcmSe of upkeep and preservation of the Road Easement,entrance lighting,installation Md 2 L.8fl13/2039 14:13 .a 1ooi 1—22—D 3:33 lL YKT1 kRELL VIEAVER FAX MO.970 484 1110 ..IL EASEMENT This iZscip:c eel Easement Agreement is made this -I H day of June,1994 by and between Swi S.Swickard and Susan 0.Swickard,whose address is P.O.Box 1380%Estes Park1 ‘.1iJcrth SOS 17,hereinafter refWrred to herein as “First Party”,and Stephen S.Swickard aii Shvi.s’!.Swickard.,whose address is 2h.$r/es’1c’s p-hereinafter referred to as “Second I. Recitals 1,First Party is the owner of: Lot One (1.),Block One (1),Lone Pine Acres Addition to the Town of Estes Part Lasintor County,Colorado Second Party is the owner of Lot two (2),Block One (1),Lone Pine Acres Addition to the Town of Estea Park,Larimer Cutmty,Colorado upon a pit of Which lots the Parties desire to convey to each other a non-exclusive easement for j zint use of a.roadway for ingress and ogress to and from their respective tacts of land owned oy the parties as above stated7 the description of which easement area Is hereinafter see forth In Exhibit “a”attached hereto and made a pail hereof. 2.Sooid Party is the owner of Lot Two (2),Block One (1),Lone Pine Acres Addition to the sown of Bates Park,Larimer County,Colorado upon a oordoa of which Second Party desires to convey to First Party a non-exclusive easement fo-a nrking 4ct,the description of which easesent area is hereinafter set forth in Exhibit “B” tohc hereto aid made a part hereoL The idc1ation tbr the easements hereinafter granted are the mutual covenants and gr:ts herein c2Sang4 between the parties,the sum of Ten Dollars ($1O0O)in hand paid by acth of the p&±es Lereto to the other,and other good and valuable consideration,the receipt and Liency of which are huroby confessed and acknowledged. It Parking Easemcnt Second P&iy hereby 8rants and conveys unto First Party,its successors and assigns,a 1