HomeMy WebLinkAbout05672020054267
PGS 3
Electronically Recorded Jefferson County, CO
George P Stern, Clerk and Recorder TD1000 N
5/14/202012:51 PWI
$23.00 DF $0.00
DECLARATION OF DRAINAGE EASEMENT
THIS DECLARATION OF DRAINAGE EASEMENT (this “Declaration”) is made as of
]/v\g$ 2020 (the “Effective Date”), by ROYS MOUNTAIN HOME LLC, a
Delaware limited liability company (“Declarant”).
Recitals
A. Declarant is the owner of the parcels of real property located in the City of Arvada,
State of Colorado, more particularly described as Tract A, Mountain Gateway Minor Plat, County
of Jefferson, State of Colorado (“Tract A”) and Lot 1, Mountain Gateway Minor Plat, County of
Jefferson, State of Colorado (“Lot 1 ”),
B. Declarant is presently constructing or has constructed improvements to a regional
stormwater detention pond and associated facilities (the “Drainage Facilities”), located within the
boundaries of Tract A, in order for stormwater flows from Lot 1 to be discharged onto, across, and
through such Drainage Facilities.
C. Declarant desires to establish certain easement rights on, over, and across Tract A
in order that stormwater flows from Lot 1 may be discharged into the Drainage Facilities, pursuant
to the terms and conditions of this Declaration.
DECLARATION
NOW, THEREFORE, Declarant, for itself and its successors and assigns with regard to the
property affected by this Declaration, hereby declares as follows::
1. Grant of Easement. Subject to the terms of this Declaration, Declarant hereby
establishes and grants unto itself, for the benefit of Lot 1, a non-exclusive easement on, over, and
across Tract A for the purpose of permitting stormwater from Lot 1 to flow onto, across, and
through the Drainage Facilities, to ensure the unobstructed flow of stormwater drainage from Lot
1. The easement granted herein shall be for the benefit of Lot 1 and all lands draining therein only.
Restriction on Tract A. Declarant, for itself and its successors and assigns as
owners of all or any interest in Tract A, declares that it will not use or permit any use of Tract A
which would be inconsistent with or interfere with the easement rights granted hereunder, which
would adversely impact the lateral and subjacent support for the Drainage Facilities or which
would result in a material increase or decrease of the earth cover over Tract A.
2.
Maintenance of Drainage Facilities. The maintenance and operation of the
Drainage Facilities shall be the exclusive responsibility of the owner of Tract A. The owner of
Lot 1 shall have no obligation to construct, reconstruct, maintain, or operate, or to cause the same.
Modification and Termination . This Declaration and the exhibits attached hereto
may be modified, amended or terminated only by mutual agreement in a writing signed by the
owner(s) of Lot 1 and Tract A (each, an “Owner”), or their respective successors and assigns,
recorded in the real property records of Jefferson County, Colorado.
3.
4.
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1846.r0.1
Wheat Ridge
567
Easement
Covenant Running with the Title to the Premises. The rights and obligations of this
Declaration are a benefit and burden upon Tract A and Lot 1 and shall run with title to such
properties and be binding on the Owners of such properties.
5.
No Merger. Unless the Declarant expressly states that it intends a merger of estates
or interests to occur, then no merger shall be deemed to have occurred hereunder or under any
documents executed in the future affecting the Easement.
6.
Notices. All notices, demands or other communications required or permitted to
be given hereunder will be in writing and any and all such items will be deemed to have been duly
delivered: (i) upon personal delivery; (ii) three (3) business days after mailing by United States
mail, certified, return receipt requested, postage prepaid, addressed as follows; (iii)one(l)
business day after deposit with FedEx or a similar overnight courier service, addressed as follows;
(iv) upon transmitting (if not later than 5:00 p.m. local time) by facsimile or e-mail to the facsimile
number or e-mail address set forth below if not later than 5:00 p.m. local time; or (v) one business
day after transmitting (if later than 5:00 p.m. local time) by facsimile or e-mail. The Owners shall
give notice to one another of the mailing address, telephone number, facsimile number, and e-mail
address of each Owner.
7.
Severability. If any term, covenant, condition or provision of this Declaration is,
at any time or to any extent, declared invalid or unenforceable, the remainder of this Declaration
will not be affected thereby, it being the intent of the Declarant that this Declaration and each
provision hereof will be enforceable and enforced to the fullest extent permitted by law.
8.
Recording. This Declaration shall be recorded in the real property records of9.
Jefferson County, Colorado.
10. Governing Law. This Declaration will be governed by and construed in accordance
with the laws of the State of Colorado.
Headings. The captions and headings of any sections herein are not part of and in
no manner or way define, limit, amplify, change or alter any term, covenant or condition of this
Declaration.
11.
[Signature Page Follows]
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1846470.1
IN WITNESS WHEREOF, this Declaration has been executed as of the date first set forth
above.
DECLARANT:
ROYS MOUNTAIN HOME LLC
a Delaware limited liability company
Z,By
Walter Cale, Manager
STATE OF CALIFORNIA )
)SS.Los )County of
/V*#-day ofThe foregoing instalment was acknowledged before me this
2020, by Walter Cale as Manager of Roys Mountain Home LLC, a Delaware limited liability
company.
Witness my hand and official seal.
My commission expires:
Notary Public
OLESYA KURNOSOVA k
COMM. #2318341 5£
NOTARY PUBLIC • CALIFORNIA* LOS ANGELES COUNTY 2
My Comm. Expires Jaraisy fi, 2024 r
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