HomeMy WebLinkAboutC07-138 Colorado Mtn. College_access and drainage easement - Tract A Berry Creek/Miller RanchEAGLE COUNTY, CO
00708589
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ACCESS AND DRAINAGE EASEMENT AGREEMENT 1
0��
This ACCESS AND DRAINAGE EASEMENT AGREEMENT is made this day
of-"I&Ie- 52007 by and between the PARTNERSHIP FOR EDUCATION (the
"Partnership"), its successors and assigns, and COLORADO MOUNTAIN JUNIOR COLLEGE
DISTRICT, a/k/a COLORADO MOUNTAIN COLLEGE ("CMC"), its successors and assigns.
WHEREAS, the Partnership is the owner of Tract A of the Berry Creek/Miller Ranch
Planned Unit Development in accordance with the plat recorded on June 25, 2002, at Reception
No. 799649, County of Eagle, State of Colorado ("Tract A"); and
WHEREAS, the Partnership and CMC are parties to a fifty-year (50 -year) Ground Lease
(the "Ground Lease") recorded on September 26, 2002, at Reception No. 808445, in the office of
the Clerk and Recorder of Eagle County, Colorado, pursuant to which CMC has leased Tract A
from the Partnership for the purposes and upon the terms set forth in the Ground Lease; and
WHEREAS, pursuant to the Ground Lease, the Partnership agreed to convey certain land
to CMC upon certain conditions, which have been satisfied, and in furtherance of said
agreement, the Partnership has filed an application to re -subdivide Tract A into Lot 1 and Lot 2
with the intent to convey Lot 1 to CMC and to retain Lot 2 for the Partnership; and
WHEREAS, the parties agree that it is in their mutual best interests for CMC to grant to
the Partnership an access easement across Lot 1 for ingress and egress to and from Lot 2,
together with an associated construction and maintenance easement, and for the Partnership to
grant to CMC a drainage easement across Lot 2 for the purpose of providing drainage from Lot
1, and further, that such easements should be shown and established on the Final Plat for
Colorado Mountain College at Berry Creek, a Resubdivision of Tract A of the Berry
Creek/Miller Ranch Planned Unit Development, County of Eagle, State of Colorado ("Final
Plat").
NOW, THEREFORE, in consideration of the promises, covenants and agreements
contained herein, the receipt and sufficiency of which is hereby acknowledged, that parties agree
as follows:
Access Easement; Construction and Maintenance Easement. CMC hereby agrees
to grant to the Partnership an access easement over and across Lot 1 for the purpose of ingress
and egress to and from Lot 2 ("Access Easement"), together with a construction and maintenance
easement (the "Construction and Maintenance Easement") associated with a portion of the
Access Easement. The Access Easement shall be twenty-four feet in width, situated across Lot
1, at a location more particularly described in Exhibit "A" attached hereto and incorporated
herein by this reference. The Construction and Maintenance Easement shall be forty feet in
width, situated across that portion of Lot 1 where the Access Easement proceeds generally to the
south and departs from the portion of the Access Easement that is a portion of CMC's existing
driveway, at a location more particularly described in Exhibit `B" attached hereto and
incorporated herein by this reference. The Construction and Maintenance Easement shall be
used for and in connection with construction of a roadway on the portion of the Access Easement
encompassed by the Construction and Maintenance Easement, to serve Lot 2, if required in the
future, and associated maintenance; provided, however, that the roadway surface shall be limited
to twenty-four feet in width. These grants of easements shall be effective upon the recording of
this Agreement and the Final Plat.
2. Drainage Easement. The Partnership agrees to grant to CMC a drainage easement
over and across Lot 2 for the purpose of providing drainage from Lot 1 ("Drainage Easement"),
which shall be reflected on the Final Plat. The Drainage Easement shall be twenty-five feet in
width, situated across Lot 2, at a location more particularly described in Exhibit "C" attached
hereto and incorporated herein by this reference. This grant of easement shall be effective upon
the recording of this Agreement and the Final Plat.
3. Recording. This Agreement and the Final Plat shall be recorded in the records of
the Eagle County Clerk and Recorder upon approval by Eagle County of the Final Plat
containing the easements described herein. This Agreement and the Final Plat shall be recorded
2
sequentially as companion documents with this Agreement to be recorded immediately prior to
the Final Plat. The Partnership shall cause the recording information for this Agreement to be
affixed where provided for on the Final Plat, at the time of recording.
4. Relocation of Easements. The parties expressly agree that each party, at its sole
cost and expense and after reasonable advance notice, shall have the right to relocate the
easement across its property. CMC may relocate the Access Easement and the Construction and
Maintenance Easement, and the Partnership may relocate the Drainage Easement. Any
relocation shall be done in conformance with standard and customary engineering practices and
shall not unduly burden the other party. If either party desires to relocate an easement, that party
shall prepare a map and legal description showing the proposed new location for the easement in
a form and detail similar to Exhibits A and B attached to this Agreement, and shall submit its
proposal to the other party for review and consent. Consent shall not be withheld unless such
plans are not in conformance with the requirements of this paragraph. In the event an agreement
cannot be reached, the engineers of the respective parties will, collectively, reach a satisfactory
conclusion.
5. Construction and Maintenance of the Access Easement and the Drainage
Easement. No party is obligated to commence construction upon the easements created herein;
provided, however, that should the easements be put to use, the construction, maintenance,
modification, inspection, repair, replacement, substitution or relocation of the easements shall be
the responsibility of the owner of the dominant tenement. The parties agree to use all ordinary
and reasonable care to maintain the easement in a safe and usable condition.
6. No Public Dedication. The parties expressly agree that establishment and creation
of the Access Easement, the Construction and Maintenance Easement and the Drainage
Easement shall not constitute a dedication to the public.
7. Binding Effect. This Agreement shall run with the land and shall inure to the
benefit of and be binding upon the parties hereto and their successors and assigns.
3
8. Additional Documents or Actions. The parties agree to execute any additional
documents and to take any additional actions reasonably necessary to carry out this Agreement.
9. Assignment. The parties may not assign their rights and obligations hereunder to
a third party without the prior written consent of the other party. The easements created are for
the sole benefit of Lot 1 and Lot 2.
10. Enforcement and Remedies. 'The parties agree that this Agreement may be
enforced by specific performance, injunctive or other appropriate relief, including damages, as
may be available according to the laws of the State of Colorado. In the event that an action is
brought to enforce this Agreement, the prevailing party shall be entitled to recover its costs and
fees, including reasonable attorney's fees.
11. Nonwaiver of Rights. The waiver by any party to this Agreement of a breach of
any term or provision of this Agreement shall not operate or be construed as a waiver of
subsequent breach by any party. No waiver of default by either party of any of the terms,
covenants, and conditions hereof to be performed, kept and observed by the other party shall be
construed, or shall operate as a waiver of any subsequent default of any of the terms, covenants,
or conditions herein contained, to be performed, kept and observed by the other party.
12. Governing Law, Venue, Jurisdiction. This Agreement and all disputes arising
hereunder shall be governed by the laws of the State of Colorado, and the parties agree that
venue and jurisdiction over any claim arising from this Agreement shall lie in the courts of Eagle
County, Colorado.
13. Entire Agreement. This Agreement constitutes the entire agreement between the
parties hereto and all other representations or statements heretofore made, verbal or written, are
merged and integrated herein, and this Agreement may be amended only in writing, and executed
by duly authorized representatives of the parties hereto.
14. Authority to Sign. Each person signing this Agreement represents that he or she
has the authority to sign and bind the party for whom he or she signs this Agreement.
11
15. Notice. Any written notice required by this Agreement shall be deemed delivered
on the happening of any of the following: (a) hand delivery to the person at the address below;
(b) delivery by facsimile with confirmation of receipt to the fax number below; or (c) within
three (3) days of being sent certified first class mail, postage prepaid, return receipt requested
addressed as follows:
Partnership for Education
c/o Eagle County Attorney
P.O. Box 850
Eagle, CO 81631
Phone: 970-328-8658
Fax: 970-328-8699
and
c/o Eagle County School District RE -50J
P.O. Box 740
Eagle, CO 81631
Phone: 970-328-2747
Fax: 970-328-1024
Colorado Mountain College
Colorado Mountain College
Office of the President
831 Grand Avenue
Glenwood Springs, CO 81602
Phone: 970-947-8321
Fax: 970-947-8385
and
c/o Beattie & Chadwick, LLP
932 Cooper Avenue
Glenwood Springs, CO 81601
Phone: 970-945-8659
Fax: 970-945-8671
E
IN WITNESS WHEREOF, the parties hereto have affixed their signatures as follows:
PA RSHIP FOR EDUCATION
By:
COLORADO MOUNTAIN COLLEGE
C��: 4L,inala-u�s-!ien,xecutive Vice President
STATE OF COLORADO )
)ss.
COUNTY OF EAGLE )
y
Date: '317 �7
Date: 3- al -0
The foregoing instrument was subscribed to
d sworn to before me this day of
2tek , 2007, by /-r,{�,r, 7j'yle a,v, ' as v,s'r° si is r/ % of the Partnership for
Education.
WITNESS my hand and official seal.
My commission expires:
(SEAL)
Public
0
G : O
F cod°�
My C WA*n E*res 2VMiv
rel
STATE OF COLORADO )
)ss.
COUNTY OF GARFIELD )
The foregoing instrument was subscribed to and sworn to before me this A 14t- day of
(Y1U✓r h , 2007, by Lin Claussen as Executive Vice President of Colorado Mountain Junior
College District.
WITNESS my hand and official seal.
My commission expires: 13y I �a o
(SEAL) (JUJAj S,
Notary Public
7
24 FEET ACCESS EASEMENT II
TRACT A, BERRY CREEK/MILLER RANCH P,U,D SUBDIVISI❑N
SECTI❑N 4, T 5 S, R 82 W, OF THE 6TH P.M.
COUNTY OF EAGLE, STATE OF COLORADO
TIE TO W1 /4 CORNER SEC. 4
3-1/4" ALUMINUM CAP
(ALPINE ENGINEERING 1993)
NON -TANGENT
A = 44'47'31"
R = 69.99'
L = 54.72' S 79*01" E
CB= N 71'32'16" W 706.18' (TIE)
f j C = 53.33'
717
-77
r77y
40'51'30" W
9.31'
S 00'47'16" W
56.33'
TERMINUS PROPOSED LOT LINE
1 /-OF LOTS 1 AND 2
24 FOOT ACCESS EASEMENT
o : /.3793
zap,•.• 1-3.•m'1 . �,
Q�
.3/ 5
��A t ,L
SCALE: 1" = 50'
POINT OF
BEGINNING
A 24.00 FOOT WIDE STRIP OF LAND SITUATED IN TRACT A OF THE BERRY CREEK/MILLER RANCH PLANNED UNIT
DEVELOPMENT, SECTION 4, TOWNSHIP 5 SOUTH, RANGE 82 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF
EAGLE, STATE OF COLORADO; SAID EASEMENT LYING 12.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED
CENTERLINE:
COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 4, A 3-1/4" ALUMINUM CAP (ALPINE
ENGINEERING 1993); THENCE S79'00'21" E A DISTANCE OF 706.18 FEET TO A POINT ON THE CENTERLINE OF
SAID 24 FOOT WIDE ACCESS EASEMENT SAID POINT ALSO BEING ON THE WESTERLY RIGHT-OF-WAY LINE OF
MILLER RANCH ROAD, THE POINT OF BEGINNING: THENCE LEAVING SAID WESTERLY RIGHT-OF-WAY LINE
S78'11'29"W ALONG SAID CENTERLINE A DISTANCE OF 55.35 FEET; THENCE CONTINUING ALONG SAID CENTERLINE
ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 200.00 FEET, A CENTRAL ANGLE OF
07'52'54", AND A DISTANCE OF 27.51 FEET (CHORD BEARS 582'07'56"W, 27.49 FEET); THENCE CONTINUING
ALONG SAID CENTERLINE S86°04'23"W A DISTANCE OF 86.38 FEET; THENCE CONTINUING ALONG SAID
CENTERLINE ALONG THE ARC OF A NON TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 69.99 FEET, A
CENTRAL ANGLE OF 44'47'31", A DISTANCE OF 54.72 FEET (CHORD BEARS N71'32'16"W, 53.33 FEET); THENCE
CONTINUING ALONG SAID CENTERLINE 540'51'30"W A DISTANCE OF 29.31 FEET; THENCE CONTINUING ALONG SAID
CENTERLINE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 100.00 FEET, A CENTRAL ANGLE
OF 40'04'14", AND A DISTANCE OF 69.94 FEET (CHORD BEARS S20"49'23"W, 68.52 FEET); THENCE CONTINUING
ALONG SAID CENTERLINE S00'47'16"W A DISTANCE OF 56.33 FEET TO A POINT ON THE WESTERLY BOUNDARY
OF LOT 1 THE TERMINUS. (WHENCE THE WEST QUARTER CORNER OF SAID SECTION 4 BEARS N56-51'03" W A
DISTANCE OF 514.47 FEET).
DATE
JOB NO..
JANUARY 30, 2007
2021007.01 - 1263
�� ` HIGH COUNTRY ENGINEERING, INC.
14 INVERNESS DRIVE EAST, STE F-120 1517 BLAKE AVENUE, SUITE 101
ENGLEWOOD, CO 80112 GLENWOOD SPRINGS, CO 81601
(303) 925-0544 (970) 945-8676
A =
7'52'54"
A = 40'04'14"
R =
200.00'
R = 100.00'
L =
27.51'
L = 69.94'
CB=
S 82'07'56" W
CB= S 20'49'23"
W 24' WIDE ACCESS
C =
27.49'
C = 68.52'
EASEMENT
TIE TO W1/4 CORNER
SEC. 4
3-1/4" ALUMINUM CAP
(ALPINE ENGINEERING
1993)
N56°51'03"W, 514.47
(TIE)
S 00'47'16" W
56.33'
TERMINUS PROPOSED LOT LINE
1 /-OF LOTS 1 AND 2
24 FOOT ACCESS EASEMENT
o : /.3793
zap,•.• 1-3.•m'1 . �,
Q�
.3/ 5
��A t ,L
SCALE: 1" = 50'
POINT OF
BEGINNING
A 24.00 FOOT WIDE STRIP OF LAND SITUATED IN TRACT A OF THE BERRY CREEK/MILLER RANCH PLANNED UNIT
DEVELOPMENT, SECTION 4, TOWNSHIP 5 SOUTH, RANGE 82 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF
EAGLE, STATE OF COLORADO; SAID EASEMENT LYING 12.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED
CENTERLINE:
COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 4, A 3-1/4" ALUMINUM CAP (ALPINE
ENGINEERING 1993); THENCE S79'00'21" E A DISTANCE OF 706.18 FEET TO A POINT ON THE CENTERLINE OF
SAID 24 FOOT WIDE ACCESS EASEMENT SAID POINT ALSO BEING ON THE WESTERLY RIGHT-OF-WAY LINE OF
MILLER RANCH ROAD, THE POINT OF BEGINNING: THENCE LEAVING SAID WESTERLY RIGHT-OF-WAY LINE
S78'11'29"W ALONG SAID CENTERLINE A DISTANCE OF 55.35 FEET; THENCE CONTINUING ALONG SAID CENTERLINE
ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 200.00 FEET, A CENTRAL ANGLE OF
07'52'54", AND A DISTANCE OF 27.51 FEET (CHORD BEARS 582'07'56"W, 27.49 FEET); THENCE CONTINUING
ALONG SAID CENTERLINE S86°04'23"W A DISTANCE OF 86.38 FEET; THENCE CONTINUING ALONG SAID
CENTERLINE ALONG THE ARC OF A NON TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 69.99 FEET, A
CENTRAL ANGLE OF 44'47'31", A DISTANCE OF 54.72 FEET (CHORD BEARS N71'32'16"W, 53.33 FEET); THENCE
CONTINUING ALONG SAID CENTERLINE 540'51'30"W A DISTANCE OF 29.31 FEET; THENCE CONTINUING ALONG SAID
CENTERLINE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 100.00 FEET, A CENTRAL ANGLE
OF 40'04'14", AND A DISTANCE OF 69.94 FEET (CHORD BEARS S20"49'23"W, 68.52 FEET); THENCE CONTINUING
ALONG SAID CENTERLINE S00'47'16"W A DISTANCE OF 56.33 FEET TO A POINT ON THE WESTERLY BOUNDARY
OF LOT 1 THE TERMINUS. (WHENCE THE WEST QUARTER CORNER OF SAID SECTION 4 BEARS N56-51'03" W A
DISTANCE OF 514.47 FEET).
DATE
JOB NO..
JANUARY 30, 2007
2021007.01 - 1263
�� ` HIGH COUNTRY ENGINEERING, INC.
14 INVERNESS DRIVE EAST, STE F-120 1517 BLAKE AVENUE, SUITE 101
ENGLEWOOD, CO 80112 GLENWOOD SPRINGS, CO 81601
(303) 925-0544 (970) 945-8676
40 FOOT C❑NSTRUCTI❑N
AND MAINTENANCE EASEMENT
TRACT A OF BERRY CREEK/MILLER RANCH P,U.D SUBDIVISI❑N
SECTION 4, T 5 S, R 82 W, OF THE 6TH PX
COUNTY OF EAGLE, STATE OF COLORADO
W1/4 CORNER SECTION 4
FOUND 3.5" ALUMINUM CAP
ALPINE ENGINEERING 1993
ON 2 1/2" ALUMINUM PIPE
v V l/
�S;�3-42'501'1�.1
W1/4 CORNER SECTION 4
FOUND 3.5" ALUMINUM CAP
ALPINE ENGINEERING 1993
ON 2 1/2" ALUMINUM PIPE ,
Ns6.
S�.
S70 Og .,
TERMINUS
POINT OF EASTERLY BOUNDAI
BEGINNING OF TRACT A
/T % // / l/
i / / i ,' / j//
// i .
24' ACCESS
TRACT A EASEMENT
40' CONSTRUCTION
AND MAINTENANCE
EASEMENT
PROPOSED LOT LIN
OF LOTS 1 AND 2
16
pr•001
y
'y e �
9
37935 :o
A L LP��
ALE: 1 " = 50'
CURVE TABLE
CURVE I RADIUS
I LENGTH
I DELTA
ITANGENTI BEARING I CHORD
C11 100.001
69,94
40*04'14'1
36.47 S20°49'23"W 1 68.52
40 FOOT CONSTRUCTION AND MAINTENANCE EASEMENT
A 40.00 FOOT WIDE STRIP OF LAND SITUATED IN TRACT A OF THE BERRY CREEK/MILLER RANCH PLANNED UNIT
DEVELOPMENT, SECTION 4, TOWNSHIP 5 SOUTH, RANGE 82 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF
EAGLE, STATE OF COLORADO; SAID EASEMENT LYING 20.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED
CENTERLINE:
COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 4, A 3-1/4" ALUMINUM CAP (ALPINE
ENGINEERING 1993); THENCE S73'42'50" E A DISTANCE OF 494.91 FEET TO A POINT ON THE CENTERLINE OF
SAID 40 FOOT WIDE ACCESS EASEMENT, THE POINT OF BEGINNING; THENCE S40'51'30"W ALONG SAID
CENTERLINE A DISTANCE OF 29.31 FEET; THENCE CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A
CURVE TO THE LEFT HAVING A RADIUS OF 100.00 FEET, A CENTRAL ANGLE OF 40'04'14", AND A DISTANCE OF
69.94 FEET (CHORD BEARS S20'49'23"W, A DISTANCE OF 68.52 FEET); THENCE CONTINUING ALONG SAID
CENTERLINE S00'47'16"W A DISTANCE OF 56.33 FEET TO THE TERMINUS. (WHENCE THE WEST QUARTER CORNER
OF SAID SECTION 4 BEARS N56'51'04"W A DISTANCE OF 514.47 FEET).
HIGH COUNTRY ENGINEERING, INC.
DRAWN BY: SCALE:
JKA 1 „ = 50'
1517 BLAKE AVENUE, STE 101
GLENWOOD SPRINGS, CO 81801
PHONE (970) 9458878 FAX (970) 9452555
BERRY CREEK/ MILLER
RANCH P.U.D.
CHECKED BY: PROJECT NO:
JRN 2021007
WWW.HCENG.COM
is
TRACTA
DATE: PAGE:
1/29/07 1
14 INVERNESS DRIVE EAST, STE F•120
40' CONSTRUCTION
ENGLEWOOD, CO 801 12
PHONE(303)9250544 FAX(303)9250547
EASEMENT
FILE.
J:\SDSKPROJ\202\1007\DWG\ESMT40'CON.
25 E❑❑T DRAINAGE EASEMENT
TRACT A OF BERRY CREEK/MILLER RANCH P.U,D SUBDIVISION
SECTI❑N 4, T 5 S, R 82 W, OF THE STH P,M,
COUNTY OF EAGLE, STATE OF COLORADO
TIE TO W1/4 CORNER SEC. 4
3-1/4" ALUMINUM CAP
(ALPINE ENGINEERING 1993)
TIE TO W1/4 CORNER SEC. 4
3-1/4" ALUMINUM CAP
(ALPINE ENGINEERING 1993)
N 20'00'21" W
262.37' (TIE)
TERMINUS
25 FOOT DRAINAGE EASEMENT
25' WIDE DRAINAGE
EASEMENT
SCALE: 1" = 50'
PROPOSED LOT LIN
OF LOTS 1 AND 2
POINT OF
BEGINNING
0 L11
4 3793
� � �� ,, � ;x.09 .••��
�
L LA�`�n
A 25.00 FOOT WIDE STRIP OF LAND SITUATED IN TRACT A OF THE BERRY CREEK/MILLER RANCH PLANNED UNIT
DEVELOPMENT, SECTION 4, TOWNSHIP 5 SOUTH, RANGE 82 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF
EAGLE, STATE OF COLORADO; SAID EASEMENT LYING 12.50 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED
CENTERLINE:
COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 4, A 3-1/4" ALUMINUM CAP (ALPINE
ENGINEERING 1993); THENCE S58'48'03"E A DISTANCE OF 470.28 FEET TO A POINT ON THE CENTERLINE OF
SAID 25 FOOT WIDE DRAINAGE EASEMENT SAID POINT ALSO BEING ON THE EASTERLY BOUNDARY OF LOT 2, THE
POINT OF BEGINNING: THENCE LEAVING SAID EASTERLY BOUNDARY S89'27'51"W ALONG SAID CENTERLINE A
DISTANCE OF 312.52 FEET TO A POINT ON THE WESTERLY BOUNDARY OF SAID TRACT A, THE TERMINUS.
(WHENCE THE WEST QUARTER CORNER OF SAID SECTION 4 BEARS N20 -00'21"W A DISTANCE OF 262.37 FEET).
DATE: JANUARY 30, 2007
JOB NO.: 2021007.01 - 1263
�' HIGH COUNTRY ENGINEERING, INC.
14 INVERNESS DRIVE EAST, STE F-120 1517 BLAKE AVENUE, SUITE 101
ENGLEWOOD, CO 80112 GLENWOOD SPRINGS, CO 81601
(303) 925-0544 (970) 945-8676
EAG
COUNTY, CO
IMONTON 200708591
�y�YY„II5
'Iy ,il IIp0I4II/03l / 200]
11111111111111111111111111111111
WARRANTY DEED
THIS DEED is made this I_q day of RKi% , 2007, between
PARTNERSHIP FOR EDUCATION,
of the County of Eagle and State of Colorado, Grantor, and
COLORADO MOUNTAIN JUNOR COLLEGE DISTRICT,
whose legal address is: 831 Grand Avenue, Glenwood Springs, Colorado, 81601
of the County of Garfield and State of Colorado, Grantee:
WITNESSETH, that the Grantor, for and in consideration of the sum of Ten Dollars and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold
and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee, its heirs and
assigns forever, all the real property together with improvements, if any, situate, lying and being in the County of
Eagle and the State of Colorado described as follows:
LOT 1 OF COLORADO MOUNTAIN COLLEGE AT BERRY CREEK, A RESUBDIVISION OF
TRACT A OF THE BERRY CREEK/MILLER RANCH PLANNED UNIT DEVELOPMENT, IN
ACCORDANCE WITH THE FINAL PLAT OF COLORADO MOUNTAIN COLLEGE AT BERRY
CREEK RECORDED Aer i \ 'S , 2007 AT RECEPTION NO. 4001 *b5g0
COUNTY OF EAGLE, STATE OF COLORADO.
TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise
appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all
the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the
above bargained premises, with the hereditaments and appurtenances; provided, however, that Grantor hereby
reserves unto Grantor all water rights and mineral rights appurtenant to the property, if any.
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances,
unto the Grantee, its heirs and assigns forever. And the Grantor, for itself, its heirs, and personal representatives,
does covenant, grant, bargain, and agree to and with the Grantee, its heirs and assigns, that at the time of the
ensealing and delivery of these presents, it is well seized of the premises above conveyed, has good, sure, perfect,
absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful
authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and
clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of
whatever kind or nature subject to:
easements, restrictions, reservations, covenants and rights of way of record, if any.
This conveyance is subject to the restriction that the facility on the property shall continue to be used for
post -secondary education purposes. Any sale, lease or transfer of the property by Grantee shall require the prior
written consent of Grantor.
The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the
quiet and peaceable possession of the grantee, its heirs and assigns, against all and every person or persons lawfully
claiming the whole or any part thereof.
IN WITNESS WHEREOF, the Grantor has executed this Deed on the date set forth above.
SHIP FOR EDUCATION
By. . enconi
Chairman
STATE OF COLORADO )
) ss.
COUNTY OF EAGLE )
The foregoing instrument was acknowledged before me this day of Cl( ' ; h _. M1' , 2007, by
Am M. Menconi as Chairman for Partnership for Education.
NANCY R. WRIGHT
Witness my hand and official seal. NOTARY PUBLIC
STATE OF COLORADO
My commission expires: / 1 r ! : /' c' / <%
My Commission Expires 12118/2010
NotaryPub icl