HomeMy WebLinkAbout20174319.tiff4350978 11/08/2017 01:14 PM
Total Pages: 3 Rec Fee: $23.00
Carly Koppes - Clerk and Recorder, Weld County, CO
ACCESS EASEMENT AGREEMENT
THIS'AC1✓ESS EASEMENT AGREEMENT (hereinafter -referred to as "Agreement") is
made this 3 day of r, _ 1,/e Fl 2017, by and TYLER JOLLY and BRITINEY
JOLLY, whose-address•is 62695 WCR 105, Grover, CO 80729,•hereinafter-referred to as.
"Grantors," and WELD COUNTY, COLORADO, by and through the Board of County
Commissionersof Weld County, whose address is P.O. Box 758, 1150 O Street, Greeley, CO.
80632, hereinafter referred to as "Grantee."
WITNESSETH:
WHEREAS, Grantors is the owner of the prop ert described as: the N2' of the NE4 of
Section 22,. Township 11 North, Range 60 West of the 6' P.M., Weld County, Colorado, being
hereinafter referred to as the "Jolly Property," and
WHEREAS,. Grantee is the owner of the property described as Lot A of RE -4715 in
Section 21, Township 11 North, Range 60 West of the 6th PM, Weld County, Colorado, being
hereinafter referred to as the "County Property," and
WHEREAS, Grantee plans to demolish a current communications tower' and- build a new
communications tower on County Property, and
WHEREAS, Grantee is now in need of obtaining, from. Grantors an easement an a two -
track road extending east and_ west across. the Jolly Property, to, provide access to the County
Property from Weld County Road. ("WCR") 105, and
WHEREAS; through this Agreement, Grantors agrees to provide' such access easement to
Grantee, pursuant to the terms set forth herein.
NOW, THEREFORE, for,and :in consideration of the suns o€ Ten Dollars {$10.00) in
hand paid by Grantee to Grantors, and for other good and valuable .consideration, the receipt and
;sufficiency of which .are hereby ,acknowledged, the parties hereto do hereby agree :and. covenant
as follows:
1. Grantors do hereby grant, sell, convey, assign and set over to Grantee an irrevocable
access easement, appurtenant to and running with the land and binding and inuring to
the benefit of the parties to this their successors or assigns, for ingress
and egress to the County Property on a two -track road extending east and west across
the Jolly Property from Weld County Road ("WCR") 105. The access easement
granted herein is; hereinafter referred to asthe "County Access Easement.'
2. The County Access Easement shall be used by Grantee give construction and
maintenance crews access to a communications tower located on the County
Propel. -Grantee intends to demolish the -current tower located on the County
Property and build a new tower in its place. After construction of the tower, traffic on
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4350978 11/08/2017 01:14 PM
Page 2 of 3
the County Access Easement shall be limited to occasional maintenance or placement
of communications equipment on the tower.
3. -Grantee ::agrees. to maintain the County Access Easement inan estate of
cleanliness and repair- at the cost ,and<expense of the 'Grantee.
4. Any breach of this Agreement shall give rise to the non -breaching party's right to
bring an action against the breaching party for injunctive or other equitable relief
and/or damages. In the event of such action, the prevailing party shall be entitled to
recover its reasonable attorney'afees.fr.om the other party.
5. The easements, restrictions, benefits and obligations set forth in this Agreement shall
create easements, restrictions, benefits and servitudes upon the Jolly Property,
running with the land, which shall be perpetual.
6. This Agreement shall create privity of contact and estate with and among the parties
hereto and.ali.grantees of.allor.aany part of the Jolly Property_and the County
Property, theirsuccessors and assigns.
7. This Agreement shall be binding upon Grantee ,and Grantors., their successor and
assigns.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
set forth above.
GRANTOR:
TY ll+ 7;le--<-77/7
State C
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yyof Weld )
SS
ACKNOWLEDGED before me this ;, day of
Grantor.
WITNESS my hand and official seal.
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My Commission Expires:
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�r +7 i , by Tyler Jolly,
Notary Public
4350978 11/08/2017 01:14 PM
Page 3 of 3
GRANTOR:
Bttney Jolly
State of Ccdolado
ss
County of Weld
ACKNOWLEDGED me this_`_` day of Alt-V..acA 7, by Britthey
Jolly, Grantor.
WITNESS m hand and official` seal.
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RANTEE:
ATTEST:
Weld County Clerk to the
By:
eputy Clerk to the Board
3
Notary Public
ARD OF COUNTY COMMISSIONERS
ELD COUNTY, COLORADO
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