RECIPROCAL PERMANENT ACCESS EASEMENT AGREEMENT
This Reciprocal Permanent Access Easement Agreement (this “Agreement”) is made and entered into as of the 30th day of August, 2001, by and between WILLOW SPRINGS PROPERTY OWNERS ASSOCIATION FILINGS #1 & #2, a Colorado non-profit corporation (“Willow Springs”) and FALCON RIDGE HOMEOWNERS ASSOCIATION, INC., a Colorado non-profit corporation (“Falcon Ridge”). Willow Springs and Falcon Ridge may be individually referred to herein as a “Party” and may be collectively referred to herein as the “Parties.”
RECITALS:
A. Willow Springs is the owner of certain real property located in Jefferson County, Colorado, as more particularly described on Exhibit A, attached hereto and incorporated herein by this reference (the “Willow Springs Access Property).”
B. Falcon Ridge is the owner of certain real property located in Jefferson County, Colorado, as more particularly described on Exhibit B, attached hereto and incorporated herein by this reference (the “Falcon Ridge Access Property).” The Willow Springs Access Property and the Falcon Ridge Access Property may be individually referred to herein as a “Access Property” and collectively as the “Access Properties.”
C. Each of the Parties has agreed to grant, sell, bargain and convey to the other, and their Permittees (as hereinafter defined), the Easements (as hereinafter defined), all set forth in this agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the receipt of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the Parties, the Parties agree as follows:
1. Incorporation of Recitals. The above recitals are true and correct and incorporated herein.
2. Grant of Easements. Falcon Ridge hereby grants, sells, bargains and conveys to Willow Springs, and its Permittees, a non-exclusive perpetual access easement in and to over, upon and across the Falcon Ridge Access Property for the purposes of vehicular and pedestrian ingress and egress (the ”Falcon Ridge Easement”). Willow Springs hereby grants, sells, bargains and conveys to Falcon Ridge, and its Permittees, a non-exclusive perpetual access easement in and to over, upon and across the Willow Springs Access Property for the purposes of vehicular and pedestrian ingress and egress (the ”Willow Springs Easement”). The Falcon Ridge Easement and the Willow Springs Easement may be individually referred to herein as an “Easement” and collectively as “Easements.”
3. Scope of Easements. The Falcon Ridge Easement shall burden Falcon Ridge and the Falcon Ridge Access Property, and the successors and assigns thereof, and shall benefit Willow Springs and that certain real property described on Exhibit C attached hereto and incorporated herein by this reference (the “Willow Springs Benefited Property”) and the Permittees and successors and assigns of all of the foregoing. The Willow Springs Easement shall burden Willow Springs and the Willow Springs Access Property, and the successors and assigns thereof, and shall benefit Falcon Ridge and that certain real property described on Exhibit D attached hereto and incorporated herein by this reference (the “Falcon Ridge Benefited Property”) and the Permittees and successors and assigns of all of the foregoing. The Easements shall run with the land and be appurtenant thereto, with the effect that any person or entity which acquires an interest therein shall be entitled to the foregoing benefits and bound by the foregoing burdens. The Willow Springs Benefited Property and the Falcon Ridge Benefited Property may be individually referred to herein as a “Benefited Property” or collectively as the “Benefited Properties.”
4. Definition of Permittees. For all purposes of this Agreement, “Permittees” shall mean the agents, employees contractors, representatives and members of each Party, and the homeowners, tenants and occupants of all residential dwellings located on the respective Benefited Properties (as hereinafter defined) and their respective guests, invitees, agents, employees, contractors and representatives, and the successors and assigns of all of the foregoing.
5. Non-Interference. Neither Party not any person claiming by, through or under either Party, shall interfere with or obstruct the use and enjoyment of the Easements by the other Party or their Permittees, nor shall either Party, or any person claiming by, through or under either Party, construct any building, improvement, fence, wall, curb or other barrier or structure in or on the Access Properties which could in any respect impair the rights granted under this Agreement. Either Party, however, may have the right to construct traffic control devices that conform to Jefferson County and State of Colorado standards and enforce traffic standards within that party’s designated area.
6. Enforcement: Attorneys Fees. In the event that either party is required to commence any action or proceeding against the other to enforce or interpret the provisions hereof, the prevailing Party in such action or proceeding shall be awarded, in addition to any amounts or relief otherwise awarded, all reasonable costs incurred in connection therewith, including attorneys’ fees.
7. No Partnership. None of the terms or provisions of this Agreement shall be deemed to create a partnership between the Parties in their respective businesses or otherwise, nor shall it cause them to be considered joint ventures or members of any joint enterprise
8. Severability. If any provision of this Agreement is held to be illegal, invalid or unenforceable under present or future laws effective during the term of this Agreement, then the legality, validity and enforceability of the remaining provisions of this Agreement shall not be affected thereby; and in lieu of each such illegal, invalid or unenforceable provision, there shall be added automatically as a part of this Agreement a provision as similar in terms to such illegal, invalid or unenforceable provision as may be possible and which shall be legal, valid and enforceable.
9. Counterparts. This Agreement may be executed and delivered in any number of counterparts, each of which , when so executed and delivered, shall be deemed to be an original and all of which shall constitute and the same instrument.
10. Governing Law. The terms and conditions of this Agreement shall be governed and construed under the laws of the State of Colorado, without giving effect to the principles of conflicts of laws.
11. Release. Each Party agrees, with respect to its use of the other Party’s Access Property to release and hold the other Party harmless from and against all claims made or losses, damages, liabilities and expenses, and all suites, action sand judgments (including but not limited to costs and attorney’s fees) arising out of or in any way related to any claim made regarding such Party’s or its Permittees’ failure to comply with any law, rule regulations or requirement of any public authority or any damage caused by such party or its Permittees relating to the other Party’s access Property. Each Party shall give prompt and timely notice to the other Party of any claim made or suit or action commenced against the other Party, which in any way is related to the release granted hereunder.
12. Notices. All notices provided for herein shall be in writing and personally delivered or mailed by registered or certified United States mail, postage prepaid, return receipt requested, to the Parties at the addresses given below, or at such other address as may be specified by written notice:
Falcon Ridge:
Falcon Ridge Homeowners Association, Inc.
c/o Moorcal Properties
8200 South Akron
Englewood, CO 80112
Attn: _____________________________
Facsimily No.: ___________________
with a required copy to:
____________________________________
____________________________________
Willow Springs:
Willow Springs Property Owners Association Filings #1 & #2
c/o Colorado Mgmt. & Associates, Inc.
7950 South Lincold Street, Suite 101
Littleton, CO 80122
Attn: Dave Keenan (handwritten)
Facsimily No.: (303)730-0953 (handwritten)
All notices so mailed shall be deemed delivered three (3) business days after mailing by certified mail, return receipt requested.
13. Entire Agreement. This Agreement and the exhibits hereto contain all of the representations and the entire agreement between the Parties with respect to the subject matter hereof. Any prior correspondence, memoranda or agreements between the Parties or any of them with respect to the subject matter hereof are merged herein and replaced by this Agreement.
14. No Dedication. Nothing herein contained shall be deemed to be a gift or dedication of any portion of any Access Property to or for the general public or for any public purposes whatsoever, it being the intention of the Parties that this Agreement shall be strictly limited to and for the purposes herein expressed.
15. Encumbrances. The Parties shall at all times during the term of this Agreement have the right to mortgage or otherwise pledge all of its right, title and interest hereunder in favor of and as additional security to the holder of a first lien mortgage or a first lien deed of trust hereunder to such Party shall extend to the holder of such mortgage or deed of trust. Notwithstanding the above right to encumber, it is understood that any such first mortgage or deed of trust shall be junior and subordinate to this Agreement and that enforcement or foreclosure of such first mortgage or deed of trust shall be subject to and shall not extinguish this Agreement. The Parties shall obtain a consent or other document from the holder of any deed of trust or mortgage recorded against such Party’s Access Property prior to the recording of this Agreement, stating that such holder agrees that this Agreement shall survive any foreclosure of such mortgage or deed of trust.
16. Captions. The section and subsection captions used in this Agreement are included for convenience only, and shall be irrelevant to the construction of any provision of this Agreement.
17. Amendment. The provision of this Agreement may be abrogated, modified, rescinded, terminated or amended in whole or in part only by the Parties hereto by a written instrument duly executed and recorded in the real property records of Jefferson, County, Colorado, but shall not require the joinder, agreement or signature of any Permittees.
(Signature page follows)
Signed by Jeffrey Kraft, President WSPOA 1&2
Signed by Wendell Tucker, President Falcon Ridge HOA
Notarized by Virginia E. Lind, Notary Public, State of Colorado
Reception No. F1395085
1/07/2002 9:47:13 PG: 1-15
Page Fee: 75.00 Doc. Fee 0.00
RECORDED IN JEFFERSON COUNTY, COLORADO
[1] Text portion of this document retyped from a .pdf copy for distribution via the Falcon Ridge Gate Discussion Site. Please contact your Board member for a full copy of this document.
