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Home My WebLink About20053736.tiff 1 111111 11111 111111111111 111 111111111111 III 1111 1111 1111 3301663 07/08/2005 03:18P Weld County, CO 1 of 7 R 36.00 D 0.00 Steve Moreno Clerk & Recorder EASEMENT AGREEMENT THIS EASEMENT AGREEMENT is made this 14th day of June, 2005, by and between THE LIGHTHOUSE COVE HOMEOWNERS ASSOCIATION, a Colorado non-profit corporation, having an address at 9904 Harbor Drive, Longmont, Colorado 80504, or its assigns ("Grantor"), and MARK TIMOTHY WILLIAMS and CHRISTINA ANN WTT LIAMS, individuals, having an address at 9904 Harbor Drive, Longmont, Weld County, Colorado 80504 ("Grantee"). WHEREAS, Grantee owns certain real property, as more particularly described as: Lot 4, Lighthouse Cove Subdivision, a subdivision of the County of Weld, State of Colorado ("Grantee's Property"), which real property is located in the Lighthouse Cove Subdivision, a subdivision of Weld County, Colorado ("Lighthouse Cove Subdivision") and is adjacent to the common areas of the Lighthouse Cove Subdivision, as more particularly described as: All of the Lighthouse Cove Subdivision, a subdivision of the County of Weld, State of Colorado, LESS Lots 1 through 18, Lighthouse Cove Subdivision ("Grantor's Property"). Grantee desires to utilize a portion of Grantor's Property to construct certain improvements for the use and benefit of Grantee; and WHEREAS, pursuant to paragraph 3.5(f) of the Declaration of Covenants, Conditions and Restrictions of Lighthouse Cove Subdivision (the "Covenants"), the Board of Directors of Grantor (the "Board") is given the right "to enter into, make, perform or enforce any contracts, leases, agreements, licenses, easements and rights of way for the use of Common Areas by Owners and Guests for any purpose the Board may deem to be useful, beneficial or otherwise appropriate."(emphasis added); and WHEREAS, pursuant to a resolution of the Board dated May 16, 2005, the Board authorized the Grantor to enter into easement agreements with property owners in Lighthouse Cove Subdivision for the right to use portions of the Grantor's Property for the purpose of constructing a boat dock and a related structure and with other property owners in Lighthouse Cove Subdivision who already have constructed boat docks and/or related structures for the purpose of owning,maintaining, using and repairing a boat dock and a related structure; and WHEREAS, Grantee either desires to construct a boat dock or related structure or has constructed a boat dock and related structure encroaching onto the Easement Area (as defined below). NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby confessed and acknowledged, the parties agree as follows: 1. Grantor does hereby sell, convey and quitclaim unto Grantee and Grantee's successors and assigns a perpetual, exclusive easement (the "Easement") over and across Grantor's Property. The exact location of the Easement area is more particularly described on Exhibit A, consisting of one page, attached hereto and by this reference incorporated herein (the "Easement Area"). O 7,yaoiDp 3734 {/00724983.112015-0001526/05 03:07 PM} PURPORTED C0E'Y NA-10-9 11111111111111111 Ent III /III111111II III 11111 /III lilt 3301663 07/08/2005 03:18P Weld County, CO 2 of 7 R 36.00 D 0.00 Steve Moreno Clerk & Recorder 2. This grant of the Easement is for all rights, hereditaments and appurtenances necessary to the use, construction, control, maintenance, repair, replacement, removal and operation of all fixtures, devices, equipment and underground and surface appurtenances thereto used or useful in the enjoyment and use of the Grantee's rights to construct a dock, boathouse or related structure, subject to the Covenants on the Easement Area (the "Improvements"). Said Easement includes, by way of explanation, and not limitation, the right to ingress and egress through, over, under and across the Grantor's Property and Easement Area from time to time, to install the Improvements. Grantee will not use the Easement Area for any other use or purpose other than as expressly provided herein without the Grantor's prior written consent, which may be granted or withheld in Grantor's sole discretion. 3. All costs associated with Grantee's future and ongoing use of the Easement, including, but not limited to, surveying, construction, repair, maintenance, and operation, shall be borne by Grantee. Grantee, at its sole cost and expense, shall be responsible for making all improvements to the Easement Area that may be required to comply with the Covenants and the laws of Weld County, Colorado. Grantee will furnish Grantor with the plans and specifications for any Improvements (the "Plans"). Grantor will have the right to approve the Plans, which approval shall not be unreasonably withheld, subject to the Plans' compliance with the Covenants. The construction of any Improvements pursuant to the Plans will be in a good and workmanlike manner using materials of a quality materially consistent with the improvements located on the Grantee's Property, Grantor's Property and within Lighthouse Cove Subdivision, and any existing Improvements on the Easement Area shall also comply with the construction, material and quality standards set forth in this Section 3. 4. Any Improvements placed in the Easement Area will be consistent in appearance and quality with the standards of the Covenants. Grantee and Grantee's successors and assigns agree to at all times keep, make and maintain any Improvements constructed pursuant to this Agreement in good and safe condition and repair, and to repair any damage with all due diligence. In addition, all repairs and replacements shall be made in a good and workmanlike manner and in accordance with applicable laws, statutes, ordinances and with the Covenants. 5. Grantee agrees that all design, engineering, construction and installation or other work permitted hereunder is for the benefit of Grantee and Grantee's Property. Grantee has no authority to create any lien for labor or material on or against Grantor's Property or the Easement Area. Grantee agrees to notify all materialmen, suppliers, contractors and laborers that they must look only to Grantee for payment and that Grantee has no authority to bind Grantor or Grantor's Property for any costs, charges or expenses incurred for any work performed hereunder. 6. After use of the Easement Area by Grantee for any Improvements as herein referred to, the general surface of Grantor's Property and the Easement Area, except as necessarily modified to accommodate the Improvements and any related appurtenances, shall be restored by Grantee as nearly as may reasonably be possible to the grade and condition prior to construction. Existing improvements located outside of the Easement Area destroyed or disturbed by Grantee shall be replaced or restored by Grantee to as near its original condition as is reasonably possible. {#00724983.1 12015-0001 5/26/05 03:07 PM', 2 111111111111 IIIII 1111111 III !III 111111II III IIIII IIII !III 3301663 07/08/2005 03:18P Weld County, CO 3 of 7 R 36.00 D 0.00 Steve Moreno Clerk & Recorder 7. Grantee shall and does hereby agree to indemnify and save Grantor and its successors and assigns harmless from all claims for injury and damages or liens arising from the operation, construction, repair, maintenance, and any other uses permitted hereunder by Grantee on or over the Easement. Grantee will obtain and continue to carry insurance coverage with commercially standard coverage limits for all of its rights and obligations that are the subject of this Agreement. In the event Grantee fails to meet its obligations under this Easement Agreement, Grantor may take such steps as are reasonably necessary to protect Grantor's Property and the Easement Area. Grantor shall be entitled to exercise such remedy of self-help only after Grantor has given notice to Grantee of Grantor's intent to take action and the exact action to be undertaken, and Grantee has failed to remedy the problem within a reasonable time based upon the circumstances. All expenses reasonably and necessarily incurred by Grantor in exercising its remedy of self-help shall be subject to recovery from Grantee. 8. The Easement shall be an easement in gross, and each and every one of the covenants, benefits, burdens, terms and conditions hereof shall inure to and be binding upon the parties and the respective legal representatives, heirs, executors, administrators, successors and assigns of the parties hereto. 9. In the event of any litigation between the parties hereto arising from the breach or alleged breach of this Agreement, the prevailing party shall be entitled to an award of its reasonable attorneys fees and costs. 10. The undersigned warrant that they are authorized to sign this Agreement for the Grantor and Grantee herein and any successors and assigns. The parties hereto intend and agree that this Agreement shall be recorded with the Clerk and Recorder of Weld County, State of Colorado. 11. The foregoing constitutes the full and complete agreement between the parties hereto and there are no additional or different promises or obligations, oral or otherwise. No amendment to this Agreement shall be binding unless it is in writing and signed by the parties hereto or their lawful successors and assigns. {#00724983.1 12015-0001 5/26/05 03:07 PM; 3 11111111111111111111111 III IIII 111111II III IIIII IIII IHI 3301663 07/08/2005 03:18P Weld County, CO 4 of 7 R 36.00 D 0.00 Steve Moreno Clerk & Recorder GRANTOR: THE LIGHTHOUSE COVE HOMEOWNERS ASSOCIATION, a Colorado non-profit corporation By: Dame i 1-bervini Type Name: Dami Hummel Its: HA Pres '&41- Date of Execution: & [II-4 I6.i GRANTEE: Mark Timothy Williams, an individual ' • Christina Ann Williams, an individual CIALgiot 10 Akar `Date of Execution: 6 ( U {#00724983.112015-00015/26/05 03:07 PM) 4 • IIFI 111111MM IIHhl III NIB III 11111 IIII IIII 3301663 07/08/2005 03:18P Weld County. CO 5 of 7 R 36.00 0 0.00 Steve Moreno Clerk & Recorder STATE OF COLORADO ) ) ss. COUNTY OF 2)OUw7ER ) The foregoing document ha been acknowledged before me by —D.-ain't L . 14 um/114 as &es rt e cv4- of THE LIGHTHOUSE COVE HOMEOWNERS ASSOCIATION, a Colorado non-profit corporation. this f 1}t'-day of Su,/ e , 2005. Witness my hand and official seal. My commission expires: I0( `0, B - . , Sele# Notary Public STATE OF COLORADO ) ) ss. COUNTY OF ' Clciti/Cd-t_ ) The foregoing document has been acknowledged before me by MARK TIMOTHY WILLIAMS and CHRISTINA ANN WILLIAMS, individuals, this (c day of 1 LA N S- , 2005, as Grantee. Witness my hand and official seal. My commission expires: /CA 3/e, . CI JAL21-,<CAL1-4/C___, Not Public �P�OROq��-7 O. e .Z m�':.A ro After recording return to: �rF VBt':GQ'Q OF COO Kenneth K. Skogg, Esq. My Commission Expires lao3ro8 Lowe, Fell & Skogg, LLC 370 17th Street, Suite 4900 Denver, Colorado 80202 {#00724983.1 12015-0001 5/26/05 03:07 PM} 5 11111111111 111111111111 III I I I 111111111 I I 11111 1111 I111 3301663 07/08/2005 03:18P Weld County, CO 6 of 7 R 36.00 D 0.00 Steve Moreno Clerk & Recorder EXHIBIT A LEGAL DESCRIPTION OF EASEMENT AREA A PARCEL OF LAND SITUATED IN THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 16, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, BEING PART OF LIGHTHOUSE COVE, COUNTY OF WELD, STATE OF COLORADO. COMMENCING AT THE NORTHEAST CORNER OF LOT 4, LIGHTHOUSE COVE; THENCE S05°34'46"W ALONG THE EAST LINE OF SAID LOT 4 A DISTANCE OF 39.07 FEET TO THE TRUE POINT OF BEGINNING; THENCE S87°52'11"E A DISTANCE OF 14.17 FEET; THENCE S02°07'49"W A DISTANCE OF 44.47 FEET; THENCE N87°52'11"W A DISTANCE OF 16.85 FEET TO A POINT ON SAID EAST LINE; THENCE N05°34'46"E ALONG SAID EAST LINE A DISTANCE OF 44.55 FEET TO THE TRUE POINT OF BEGINNING; CONTAINING 690 SQUARE FEET OR 0.016 ACRE MORE OR LESS. Exhibit A, Page 1 {#00724983.1 12015-0001 5/26/05 03 O7 PM; knj Lc 4 S ( L0 L f L4fl) j L Qt4 �tt teto'4roa_ 912- o3 AC'S.. EXHIBIT NORTH SCALE 1" = 60' .163 — `o s d s cc C6- - N90`00'00"E - - c �y mm s C7 255. 67'- __" - oo n\ DOCK 4. w '2 a3 LOT 4 :Kr R- - y C 32466 SF L� �o 14.1' o p G \ N 562, %I z 0 \22 �gSJ ,, �i ,� =M� S " 6 I 3' � �Mo cn LOT 5 40 o M,-. 34308 SF > �� N / 2 EHRHART GRIFFIN & NOTE: THIS EXHIBIT DOES NOT REPRESENT A MONUMEN TED SURVEY. ASSOCIATES IT IS INTENDED ONLY TO DEPICT THE ATTACHED DESCRIPTION. LIGHTHOUSE COVE DOCKS A PARCEL OF LAND SITUATED IN DRAWN BY: SCALE: R.O.W. FILE NO. THE N 1 /2 NE 1/4 SEC 16, SMK 1" = 60' T2N, R68W OF THE 6th P.M. CHECKED BY: DATE: JOB NO. COUNTY OF WELD, COLORADO. JPE 05/13/05 C055107 11111 11111 1111111 CIE 1111111 3304676 07/20/2005 02:07P Weld County, CO 1 of 8 R 41.00 D 0.00 Steve Moreno Clerk & Recorder EASEMENT AGREEMENT THIS EASEMENT AGREEMENT is made this 18th day of July, 2005, by and between THE LIGHTHOUSE COVE HOMEOWNERS ASSOCIATION, a Colorado non-profit corporation, having an address at 9904 Harbor Drive, Longmont, Colorado 80504, or its assigns ("Grantor"), and TOMAS A. PEREZ and LISA PEREZ, individuals, having an address at 9974 Harbor Drive, Longmont, Weld County, Colorado 80504 ("Grantee"). WHEREAS, Grantee owns certain real property, as more particularly described as: Lot 1, Lighthouse Cove Subdivision, a subdivision of the County of Weld, State of Colorado ("Grantee's Property"), which real property is located in the Lighthouse Cove Subdivision, a subdivision of Weld County, Colorado ("Lighthouse Cove Subdivision") and is adjacent to the common areas of the Lighthouse Cove Subdivision, as more particularly described as: All of the Lighthouse Cove Subdivision, a subdivision of the County of Weld, State of Colorado, LESS Lots 1 through 18, Lighthouse Cove Subdivision ("Grantor's Property"). Grantee desires to utilize a portion of Grantor's Property to construct certain improvements for the use and benefit of Grantee; and WHEREAS, pursuant to paragraph 3.5(1) of the Declaration of Covenants, Conditions and Restrictions of Lighthouse Cove Subdivision (the "Covenants"), the Board of Directors of Grantor (the "Board") is given the right "to enter into, make, perform or enforce any contracts, leases, agreements, licenses, easements and rights of way for the use of Common Areas by Owners and Guests for any purpose the Board may deem to be useful, beneficial or otherwise appropriate." (emphasis added); and WHEREAS, pursuant to a resolution of the Board dated May 16, 2005, the Board authorized the Grantor to enter into easement agreements with property owners in Lighthouse Cove Subdivision for the right to use portions of the Grantor's Property for the purpose of constructing a boat dock and a related structure and with other property owners in Lighthouse Cove Subdivision who already have constructed boat docks and/or related structures for the purpose of owning, maintaining, using and repairing a boat dock and a related structure; and WHEREAS, Grantee either desires to construct a boat dock or related structure or has constructed a boat dock and related structure encroaching onto the Easement Area (as defined below). NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby confessed and acknowledged,the parties agree as follows: 1. Grantor does hereby sell, convey and quitclaim unto Grantee and Grantee's successors and assigns a perpetual, exclusive easement (the "Easement") over and across Grantor's Property. The exact location of the Easement area is more particularly described on Exhibit A, consisting of one page, attached hereto and by this reference incorporated herein (the "Easement Area"). 2. This grant of the Easement is for all rights, hereditaments and appurtenances necessary to the use, construction, control, maintenance, repair, replacement, removal and (aulfi-• ;g -L COPY DLH July 18,2005 III 1111111 III 3304676 07/20/2005 02:07P Weld County CO 2 of 8 R 41.00 D 0.00 Steve Moreno Clerk& Recorder operation of all fixtures, devices, equipment and underground and surface appurtenances thereto used or useful in the enjoyment and use of the Grantee's rights to construct a dock, boathouse or related structure, subject to the Covenants on the Easement Area (the "Improvements"). Said Easement includes, by way of explanation, and not limitation, the right to ingress and egress through, over, under and across the Grantor's Property and Easement Area from time to time, to install the Improvements. Grantee will not use the Easement Area for any other use or purpose other than as expressly provided herein without the Grantor's prior written consent, which may be granted or withheld in Grantor's sole discretion. 3. All costs associated with Grantee's future and ongoing use of the Easement, including, but not limited to, surveying, construction, repair, maintenance, and operation, shall be borne by Grantee. Grantee, at its sole cost and expense, shall be responsible for making all improvements to the Easement Area that may be required to comply with the Covenants and the laws of Weld County, Colorado. Grantee will furnish Grantor with the plans and specifications for any Improvements (the "Plans"). Grantor will have the right to approve the Plans, which approval shall not be unreasonably withheld, subject to the Plans' compliance with the Covenants. The construction of any Improvements pursuant to the Plans will be in a good and workmanlike manner using materials of a quality materially consistent with the improvements located on the Grantee's Property, Grantor's Property and within Lighthouse Cove Subdivision, and any existing Improvements on the Easement Area shall also comply with the construction, material and quality standards set forth in this Section 3. 4. Any Improvements placed in the Easement Area will be consistent in appearance and quality with the standards of the Covenants. Grantee and Grantee's successors and assigns agree to at all times keep, make and maintain any Improvements constructed pursuant to this Agreement in good and safe condition and repair, and to repair any damage with all due diligence. In addition, all repairs and replacements shall be made in a good and workmanlike manner and in accordance with applicable laws, statutes, ordinances and with the Covenants. 5. Grantee agrees that all design, engineering, construction and installation or other work permitted hereunder is for the benefit of Grantee and Grantee's Property. Grantee has no authority to create any lien for labor or material on or against Grantor's Property or the Easement Area. Grantee agrees to notify all materialmen, suppliers, contractors and laborers that they must look only to Grantee for payment and that Grantee has no authority to bind Grantor or Grantor's Property for any costs, charges or expenses incurred for any work performed hereunder. 6. After use of the Easement Area by Grantee for any Improvements as herein referred to, the general surface of Grantor's Property and the Easement Area, except as necessarily modified to accommodate the Improvements and any related appurtenances, shall be restored by Grantee as nearly as may reasonably be possible to the grade and condition prior to construction. Existing improvements located outside of the Easement Area destroyed or disturbed by Grantee shall be replaced or restored by Grantee to as near its original condition as is reasonably possible. 7. Grantee shall and does hereby agree to indemnify and save Grantor and its successors and assigns harmless from all claims for injury and damages or liens arising from the operation, construction, repair, maintenance, and any other uses permitted hereunder by Grantee DLH July 18,2005 2 1111111IIIII Intl" III �III� lilt III 11111VIIIIIII 3304676 07/20/2005 02:07P Weld County, CO 3 of 8 R 41.00 D 0.00 Steve Moreno Clerk& Recorder on or over the Easement. Grantee will obtain and continue to carry insurance coverage with commercially standard coverage limits for all of its rights and obligations that are the subject of this Agreement. In the event Grantee fails to meet its obligations under this Easement Agreement, Grantor may take such steps as are reasonably necessary to protect Grantor's Property and the Easement Area. Grantor shall be entitled to exercise such remedy of self-help only after Grantor has given notice to Grantee of Grantor's intent to take action and the exact action to be undertaken, and Grantee has failed to remedy the problem within a reasonable time based upon the circumstances. All expenses reasonably and necessarily incurred by Grantor in exercising its remedy of self-help shall be subject to recovery from Grantee. 8. The Easement shall be an easement in gross, and each and every one of the covenants, benefits, burdens, terms and conditions hereof shall inure to and be binding upon the parties and the respective legal representatives, heirs, executors, administrators, successors and assigns of the parties hereto. 9. In the event of any litigation between the parties hereto arising from the breach or alleged breach of this Agreement, the prevailing party shall be entitled to an award of its reasonable attorneys fees and costs. 10. The undersigned warrant that they are authorized to sign this Agreement for the Grantor and Grantee herein and any successors and assigns. The parties hereto intend and agree that this Agreement shall be recorded with the Clerk and Recorder of Weld County, State of Colorado. 11. The foregoing constitutes the full and complete agreement between the parties hereto and there are no additional or different promises or obligations, oral or otherwise. No amendment to this Agreement shall be binding unless it is in writing and signed by the parties hereto or their lawful successors and assigns. DLH July 18,2005 3 1111111 11111 1101 1111111 11111111 1111111II11111111111111 3304676 07/20/2005 02:07P Weld County, CO 4 of 8 R 41.00 D 0.00 Steve Moreno Clerk& Recorder GRANTOR: THE LIGHTHOUSE COVE HOMEOWNERS ASSOCIATION, a Colorado non-profit corporation By: Zel j• /YAMYVMA-) Type Name: Dami L. Hummel Its: HO A Pre5ldeAFt, Date of Execution: 7 I I el 0 5 GRANTEE: "-C CV Tomas A. Perez, an inaivi ual ya Lisa P , an individual Date of Execution: 749 D 5 DLH July 18,2005 4 HID 11111111111111111 III 111111111111 III 111111111 IIII 3304676 07/20/2005 02:07P Weld County, CO 5 of 8 R 41.00 D 0.00 Steve Moreno Clerk & Recorder STATE OF COLORADO ) / ) ss. COUNTY OF Weld ) The foregoing document has been acknowledged before me by O/ as 4074 r?✓es,gleitr , of THE LIG. "..on OVE HOMEOWNERS ASSOCIATION, a Colorado non-profit corporation, t • ��•......� . . . & , 2005. MICHEt.IIWifne my hand and official seal. • : SCHMIML MER i • tot ': mission expires: 02./9"(9007 otary Public STATE OF COLORADO ) ��,,rri ) ss. COUNTY OF ld ) The foregoing document has been acknowledged before me by TOMAS A. PEREZ . .• A PEREZ, individuals, this /8 day of.c./u-ic/ , 2005, as Grantee. ....act •v.:, my hand and official seal. / MICME t et ission ex ires: a' `!9 '�n SCHMI : p ¢ • otary Public After recording return to: Kenneth K. Skogg, Esq. Lowe, Fell & Skogg, LLC 370 17th Street, Suite 4900 Denver, Colorado 80202 DLH July 18,2005 5 1111111 11111 1110 1111111 11111111 1111111111 11111 11111111 3304676 07/20/2005 02:07P Weld County, CO 6 of 8 R 41.00 D 0.00 Steve Moreno Clerk& Recorder EXHIBIT A July 13,2005 PROPERTY DESCRIPTION-LOT 1 DOCK A PARCEL OF LAND SITUATED IN THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 16, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6T" PRINCIPAL MERIDIAN, BEING PART OF LIGHTHOUSE COVE, COUNTY OF WELD, STATE OF COLORADO. COMMENCING AT A SOUTHEAST CORNER OF LOT 1, LIGHTHOUSE COVE; THENCE N07°20'56"W ALONG THE EAST BOUNDARY OF SAID LOT 1 A DISTANCE OF 3.03 FEET TO THE TRUE POINT OF BEGINNING; THENCE N07°16'21"E ALONG SAID EAST BOUNDARY A DISTANCE OF 1.58 FEET; THENCE N42°01'51"E CONTINUING ALONG SAID EAST BOUNDARY A DISTANCE OF 23.75 FEET; THENCE 515°37'25W A DISTANCE OF 22.77 FEET; THENCE N74°42'26"W A DISTANCE OF 10.33 TO THE TRUE POINT OF BEGINNING; CONTAINING 128 SQUARE FEET OR 0.003 ACRE MORE OR LESS. John P. Ehrhart P.L.S. President, Ehrhart Griffin and Associates Inc. Colorado PLS 29414 Exhibit A, Page I DLH July 18,2005 AEI 11111 DID 1111111 III Intl III 11111 IIII IIII 3304676 07/20/2005 02:07P Weld County, CO 7 of 8 R 41.00 D 0.00 Steve Moreno Clerk & Recorder AO EXHIBIT NORTH SCALE 1" = 60'v.... N89°13'44"E 228.41 ' v(O NOO°46'16"W* LOT 1 PIER 58.91 011 / / 37090 SF �� .0\ n� L - - - N90°00'00"E - - - ��, �. `b - - 289.74'- - - - --1 5.6' ) EHRHART GRIFFIN & NO1E: THIS EXHIBIT DOES NOT REPRESENT A MONUMENTED SURVEY. ASSOCIATES IT IS INTENDED ONLY TO DEPICT THE ATTACHED DESCRIPTION. LIGHTHOUSE COVE DOCKS A PARCEL OF LAND SITUATED IN DRAWN BY: SCALE: R.O.W. FILE NO. THE N 1/2 NE 1/4 SEC 16, SMK 1" = 60' T2N, R68W OF THE 6th P.M. CHECKED BY! DATE: JOB NO. COUNTY OF WELD, COLORADO. JPE 05/13/05 C055107 - 111111111111IIIII1111111 III 111111111111III11111IIII1111 3304676 07/2012005 02:07I) Weld County, CD 8 of 8 R 41.00 D 0.00 Steve Moreno Clerk & Recorder EXHIBIT • -l . L 0 T 1 N42 Ot'51"E 23.75' / N07'16'21"E \,N L. 1.58' N07'20'56"E - 3.03' S15'37'25"W - 22.77' r NEW N74'42'26"W I LOT UNE 10.33' OLD 7RUE POINT LOT LINE OF BEGINNING I POINT OF COMMENCEMENT ) A )16‘ RIFFIN T NORTH NOTE: THIS EXHIBIT DOES NOT GRIFFIN & $GALE 1" = 60' ITRPRESENT A ENTED SURVEY. MIIS INTENDEDONLY�TO DEPICT THE ASSOCIATES ATTACHED DESCRIPTION. PARCEL CONTAINS 128 SOFT. LIGHTHOUSE COVE DOCKS A PARCEL OF LAND SITUATED IN DRAWN BY: SCALE: R.O.W. FILE NO. THEN 1/2 OF THE NE 1/4 SEC. 16 SMK 1" = 60' T2N, R68W, OF THE 6TH P.M. CHECKED BY: DATE: JOB NO. WELD COUNTY, COLORADO. JPE 07/13/05 C055152 AEI 1111111111 IIII 111111111111111111 III 11111 �� till 3307850 07/29/2005 02:48P Weld County, CO 1 of 6 R 31.00 D 0.00 Steve Moreno Clerk& Recorder 8� EASEMENT AGREEMENT THIS EASEMENT AGREEMENT is made this 14th day of June, 2005, by and between THE LIGHTHOUSE COVE HOMEOWNERS ASSOCIATION, a Colorado non-profit corporation, having an address at 9904 Harbor Drive, Longmont, Colorado 80504, or its assigns ("Grantor"), and EDWARD E MUNROE and SANDRA L MUNROE, individuals, having an address at 9952 Harbor Drive, Longmont, Weld County, Colorado 80504 ("Grantee"). WHEREAS, Grantee owns certain real property, as more particularly described as: Lot 2, Lighthouse Cove Subdivision, a subdivision of the County of Weld, State of Colorado ("Grantee's Property"), which real property is located in the Lighthouse Cove Subdivision, a subdivision of Weld County, Colorado ("Lighthouse Cove Subdivision") and is adjacent to the common areas of the Lighthouse Cove Subdivision, as more particularly described as: All of the Lighthouse Cove Subdivision, a subdivision of the County of Weld, State of Colorado, LESS Lots 1 through 18, Lighthouse Cove Subdivision ("Grantor's Property"). Grantee desires to utilize a portion of Grantor's Property to construct certain improvements for the use and benefit of Grantee; and WHEREAS, pursuant to paragraph 3.5(f) of the Declaration of Covenants, Conditions and Restrictions of Lighthouse Cove Subdivision (the "Covenants"), the Board of Directors of Grantor (the "Board") is given the right "to enter into, make, perform or enforce any contracts, leases, agreements, licenses, easements and rights of way for the use of Common Areas by Owners and Guests for any purpose the Board may deem to be useful, beneficial or otherwise appropriate." (emphasis added); and WHEREAS, pursuant to a resolution of the Board dated May 16, 2005, the Board authorized the Grantor to enter into easement agreements with property owners in Lighthouse Cove Subdivision for the right to use portions of the Grantor's Property for the purpose of constructing a boat dock and a related structure and with other property owners in Lighthouse Cove Subdivision who already have constructed boat docks and/or related structures for the purpose of owning, maintaining, using and repairing a boat dock and a related structure; and WHEREAS, Grantee either desires to construct a boat dock or related structure or has constructed a boat dock and related structure encroaching onto the Easement Area (as defined below). NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby confessed and acknowledged, the parties agree as follows: 1. Grantor does hereby sell, convey and quitclaim unto Grantee and Grantee's successors and assigns a perpetual, exclusive easement (the "Easement") over and across Grantor's Property. The exact location of the Easement area is more particularly described on Exhibit A, consisting of one page, attached hereto and by this reference incorporated herein (the "Easement Area"). 2. This grant of the Easement is for all rights, hereditaments and appurtenances necessary to the use, construction, control, maintenance, repair, replacement, removal and i {#00725249.1 12015-0001 6/6/05 12:10 PM} 1 1111 1 1111 11111 III I111111111111111111III 11111 IIII 3307850 07/29/2005 02:48P Weld County, CO 2 of 6 R 31.00 D 0.00 Steve Moreno Clerk& Recorder operation of all fixtures, devices, equipment and underground and surface appurtenances thereto used or useful in the enjoyment and use of the Grantee's rights to construct a dock, boathouse or related structure, subject to the Covenants on the Easement Area (the "Improvements"). Said Easement includes, by way of explanation, and not limitation, the right to ingress and egress through, over, under and across the Grantor's Property and Easement Area from time to time, to install the Improvements. Grantee will not use the Easement Area for any other use or purpose other than as expressly provided herein without the Grantor's prior written consent, which may be granted or withheld in Grantor's sole discretion. 3. All costs associated with Grantee's future and ongoing use of the Easement, including, but not limited to, surveying, construction, repair, maintenance, and operation, shall be borne by Grantee. Grantee, at its sole cost and expense, shall be responsible for making all improvements to the Easement Area that may be required to comply with the Covenants and the laws of Weld County, Colorado. Grantee will furnish Grantor with the plans and specifications for any Improvements (the "Plans"). Grantor will have the right to approve the Plans, which approval shall not be unreasonably withheld, subject to the Plans' compliance with the Covenants. The construction of any Improvements pursuant to the Plans will be in a good and workmanlike manner using materials of a quality materially consistent with the improvements located on the Grantee's Property, Grantor's Property and within Lighthouse Cove Subdivision, and any existing Improvements on the Easement Area shall also comply with the construction, material and quality standards set forth in this Section 3. 4. Any Improvements placed in the Easement Area will be consistent in appearance and quality with the standards of the Covenants. Grantee and Grantee's successors and assigns agree to at all times keep, make and maintain any Improvements constructed pursuant to this Agreement in good and safe condition and repair, and to repair any damage with all due diligence. In addition, all repairs and replacements shall be made in a good and workmanlike manner and in accordance with applicable laws, statutes, ordinances and with the Covenants. 5. Grantee agrees that all design, engineering, construction and installation or other work permitted hereunder is for the benefit of Grantee and Grantee's Property. Grantee has no authority to create any lien for labor or material on or against Grantor's Property or the Easement Area. Grantee agrees to notify all materialmen, suppliers, contractors and laborers that they must look only to Grantee for payment and that Grantee has no authority to bind Grantor or Grantor's Property for any costs, charges or expenses incurred for any work performed hereunder. 6. After use of the Easement Area by Grantee for any Improvements as herein referred to, the general surface of Grantor's Property and the Easement Area, except as necessarily modified to accommodate the Improvements and any related appurtenances, shall be restored by Grantee as nearly as may reasonably be possible to the grade and condition prior to construction. Existing improvements located outside of the Easement Area destroyed or disturbed by Grantee shall be replaced or restored by Grantee to as near its original condition as is reasonably possible. 7. Grantee shall and does hereby agree to indemnify and save Grantor and its successors and assigns harmless from all claims for injury and damages or liens arising from the operation, construction, repair, maintenance, and any other uses permitted hereunder by Grantee {#00725249.1 12015-0001 6/6/05 12:10 PM} 2 11111 11111 11111 I I I 1111111111111111111111 11111 3307850 07/29/2005 02:48P Weld County, CO 3 of 6 R 31.00 D 0.00 Steve Moreno Clerk & Recorder on or over the Easement. Grantee will obtain and continue to carry insurance coverage with commercially standard coverage limits for all of its rights and obligations that are the subject of this Agreement. In the event Grantee fails to meet its obligations under this Easement Agreement, Grantor may take such steps as are reasonably necessary to protect Grantor's Property and the Easement Area. Grantor shall be entitled to exercise such remedy of self-help only after Grantor has given notice to Grantee of Grantor's intent to take action and the exact action to be undertaken, and Grantee has failed to remedy the problem within a reasonable time based upon the circumstances. All expenses reasonably and necessarily incurred by Grantor in exercising its remedy of self-help shall be subject to recovery from Grantee. 8. The Easement shall be an easement in gross, and each and every one of the covenants, benefits, burdens, terms and conditions hereof shall inure to and be binding upon the parties and the respective legal representatives, heirs, executors, administrators, successors and assigns of the parties hereto. 9. In the event of any litigation between the parties hereto arising from the breach or alleged breach of this Agreement, the prevailing party shall be entitled to an award of its reasonable attorneys fees and costs. 10. The undersigned warrant that they are authorized to sign this Agreement for the Grantor and Grantee herein and any successors and assigns. The parties hereto intend and agree that this Agreement shall be recorded with the Clerk and Recorder of Weld County, State of Colorado. 11. The foregoing constitutes the full and complete agreement between the parties hereto and there are no additional or different promises or obligations, oral or otherwise. No amendment to this Agreement shall be binding unless it is in writing and signed by the parties hereto or their lawful successors and assigns. (#00725249.1 12015-0001 6/6/05 12:10 PM) 3 11111111111111111IIII111111111111111111IIIMINIII' . 3307850 07/29/2005 02:48P Weld County, CO 4 of 6 R 31.00 D 0.00 Steve Moreno Clerk & Recorder GRANTOR: THE LIGHTHOUSE COVE HOMEOWNERS ASSOCIATION, a Colorado non-profit corporation By: riarinii j MA ""'"`1 Type Name: Dami L. Hummel Its: HD A Prey icle -t Date of Execution: 6, LI I�S GRANTEE: Edward E Munroe, an individual _...d-4=24-61-11 �St Sandra L Munroe, an individual - << Date of Execution: 6,0C-- 000725249 1 12015-0001 6/6/05 12.10 PM} 4 11111111111111111 IIII 1111111 11111111111 III 11111 11111111 3307850 07/29/2005 02:48P Weld County, CO 5 of 6 R 31.00 D 0.00 Steve Moreno Clerk& Recorder STATE OF COLORADO ) ) ss. COUNTY OF douLDER ) The foregoing document has been acknowledged before me by Cain; L. i-1,..4 mots/ as Pa.e side,)-(- , of THE LIGHTHOUSE COVE HOMEOWNERS ASSOCIATION, a Colorado non-profit corporation, this t- $-day of Su.i e , 2005. Witness my hand and official seal. ,„� '13'3 ato ' My commission expires: -1 - Notary Public ',;�, ••-. >' ' ' °'.•.4p,tnu `;�\' ,P' STATE OF COLORADO ) ) ss. COUNTY OF Sbi k.(C-t/L ) The foregoing document has been acknowledged/before me by EDWARD E MUNROE and SANDRA L MUNROE, individuals, this /'-f day of w-�i , 2005, as Grantee. ,, • . i,,,,,t Witness my hand and official seal. „ ....O:::, My commission expires: 1/n/0`7 --4 : s• to •o J/al . , Notary Public ,,,,1;,,l, After recording return to: Kenneth K. Skogg, Esq. Lowe, Fell & Skogg, LLC 370 17th Street, Suite 4900 Denver, Colorado 80202 {#00725249.1 12015-0001 6/6/05 12:10 PM) 5 . - 1111111 11111 IVO iiii 1111111111111111111111111111111111 3307850 07/29/2005 02:48P Weld County, CO 6 of 6 R 31.00 D 0.00 Steve Moreno Clerk & Recorder EXHIBIT A LEGAL DESCRIPTION OF EASEMENT AREA A PARCEL OF LAND SITUATED IN THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 16, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, BEING PART OF LIGHTHOUSE COVE, COUNTY OF WELD, STATE OF COLORADO. COMMENCING AT THE NORTHEAST CORNER OF LOT 2, LIGHTHOUSE COVE; THENCE S07°18'41"W ALONG THE EAST LINE OF SAID LOT 2 A DISTANCE OF 60.74 FEET TO THE TRUE POINT OF BEGINNING; THENCE S83°41'59"E ALONG SAID WEST LINE A DISTANCE OF 12.61 FEET; THENCE S06°18'01"W A DISTANCE OF 38.64 FEET; THENCE N83°41'59"W A DISTANCE OF 13.29 FEET; THENCE N07°18'41"E ALONG SAID EAST LINE A DISTANCE OF 38.64 TO THE TRUE POINT OF BEGINNING; CONTAINING 500 SQUARE FEET OR 0.011 ACRE MORE OR LESS. Exhibit A, Page 1 {#00725249.1 12015-0001 6/6/05 12:10 PM} Hello