HomeMy WebLinkAboutC07-138 Colorado Mtn. College_access and drainage easement - Tract A Berry Creek/Miller RanchEAGLE COUNTY, CO 00708589 IRIIINI nlll Inll IS04/03/2007I Nln Illu INII IIRI SIV IIII IINII IIS NII IIII 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