HomeMy WebLinkAboutSPRINGWOOD INSTITUTE PUD PRELIMINARY AND FINAL - 2 92 - SUBMITTAL DOCUMENTS - ROUND 1 - LEGAL DOCUMENTSEASEMENT AGREEMENT
This Agreement is entered into this first day of March, 1991, by and between Richard R. Lea, Nancy K.'
Lea, and Julie L. Kovats (Leas), and E. John Clarke, Lorene K. Clarke, and Joy M. Clarke (Clarkes).
STATEMENTS OF BACKGROUND:
A. Clarkes are owners of a certain residential property located in the City of Fort Collins,
County of Larimer, State of Colorado, which they contracted to sell to Leas ("the transferred property"). This
Agreement is supplemental to, and in furtherance of said contract of sale.
B. At the time of transfer of the property to Leas, Clarkes are retaining an adjacent residence
and desire to retain a right to use the east 15 feet of the transferred property for ingress and egress,
parking, beautification or landscaping.
C. Leas are willing to convey an easement for ingress and egress, parking, beautification or
landscaping for this east 15 feet of the property they are purchasing, and wish by this Agreement to define the
rights and responsibilities of the parties with respect to such easement.
IT IS THEREFORE AGREED AS FOLLOWS:
1. At closing Leas shall grant an easement for ingress and egress, parking, beautification or
Landscaping by Clarkes, their immediate family and their guests or invitees over the east 15 feet of the
transferred property.
2. The rights under the easement agreement shall be transferrable to Clarkes' heirs, and any
natural person, corporation or other legal entity who may become a successor of Clarkes. This easement
agreement shalt be permanent:and not subject to revocation by Leas.
3. The use rights granted by the easement agreement shall in no event be interpreted to allow any
use which blocks or impairs the ability of Leas, their successors, assigns, tenants or guests to use the
existing driveway or southeastern curbcut which run through the southern -most portion of the east 15 feet of
transferred property.
4. It is agreed that Clarkes will be permitted to fence, beautify, or landscape the northern -most
portion (62 feet length by 15 feet width) of such easement, provided any fencing, beautification project, or
Landscaping in no way interferes with rights of the Leas', their heirs, successors, assigns, tenants or guests
under this agreement.
5. If any portion of the easement is modified, beautified, fenced or landscaped by Clarkes', their
successors or assigns, they agree to be entirely responsible for all such expense as maybe required to modify,
improve, and maintain the easement.
DATED this first day o March, 1991.
Richard R. Lea E. J Clarke
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Nancy K. ea
Julie L. Kovats
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Lor ne K.
Clarke
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Joy M.L arke