07-15-2007 CSC LAND LLC DEDICATION OF EASEMENTEAGLE COUNTY, CO
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DEDICATION OF EASEMENT
THIS DEDICATION OF EASEMENT ("Easement"), is made as of the t 5 4- day of July, 2007,
by CSC LAND LLC, a Colorado limited liability company ("CSC") for the use and benefit of C. CRAIG
FOLSON ("Folson Tract Owner"),and his successor in title to the "Folson Tract" (defined below); ~P
RECITALS
WHEREAS, CSC is the owner and developer of The Gates Tract located on Lots 1 and 2, Chateau
St. Claire Subdivision, Town of Avon, County of Eagle and State of Colorado (the "Gates Tract or the CSC
Tract"); and
WHEREAS, Folson Tract Owner is the owner of the adjacent property to the east of the Gates Tract
more commonly known as the "Folson Tract" and which is more particularly described on Exhibit B hereto
("the Folson Tract"); and
WHEREAS, CSC, as a condition to approval of development of its property by the Town of Avon
(the "Town"), has agreed to share access across the Gates Tract to U.S. Highway 6 with the owner of the
Folson Tract at such time as the Folson Tract is approved for development by the Town.
AGREEMENT
NOW, THEREFORE, CSC agrees as follows:
1. CSC hereby dedicates a non-exclusive, perpetual easement across the Gates Tract in the
area described generally on Exhibit A hereto (the "Easement Area") to permit vehicular and pedestrian
access from U.S. Highway 6 over the Easement Area to the Folson Tract on the conditions set forth in this
Easement.
2. This Easement is expressly subject to the compliance by the Folson Tract Owner, in all
respects, with the following conditions:
(a) The Town has approved development of the Folson Tract on or before twenty-five
years from the date hereof;
(b) Prior to the use of or construction in the Easement Area, the Folson Tract Owner
has entered into and recorded an easement, substantially in the form of this Easement, across and over the
Folson Tract as required by the Town;
(c) The Folson Tract Owner is made solely responsible for all reasonable costs of
initially constructing the joint access, as approved by the Town.
(d) No construction is undertaken in the Easement Area by the Folson Tract Owner
unless and until a timeline for such construction shall have been submitted and approved by the Town which
is reasonably acceptable to CSC. All construction shall be undertaken in a good, safe, and workmanlike
manner and shall minimize interference, including noise and traffic disruption, with the use and operation of
the Gates Tract by CSC, its agents, employees, guests, tenants and invitees.
(e) During any construction by Folson Tract Owner in the Easement Area on the Gates
Tract, Folson Tract Owner shall provide appropriate and typical general liability insurance including
workers' compensation and employers' liability naming CSC as an additional insured.
(f) In the event any mechanics' lien shall be filed in connection with any activities in
the Easement Area by the Folson Tract Owner, in addition to any other rights or remedies, CSC shall have
the right to enjoin such activity until such mechanic's lien is released of record.
(g) Prior to the commencement of any construction by, or on behalf of, the Folson Tract
Owner in the Easement Area, the Folson Tract Owner shall provide evidence to CSC and the Town of good
funds available to complete the construction of the joint access or a sufficient performance bond to ensure
completion of the construction.
3. CSC shall be responsible only for (a) the maintenance and repair of improvements made to
the CSC Tract and (b) any damage to the Folson Tract resulting from use of the easement by, or the gross
negligence or willful misconduct of, any owner of the CSC Tract or its guests, tenants, employees, agents or
invitees.
4. CSC shall indemnify and hold harmless the Town and the Folson Tract Owner from any
claims, costs, damages, liability and expenses, including reasonable attorneys' fees, for injury to or death of
persons or damage to property arising as a result of use of the Easement Area by CSC, its guests, tenants,
employees, agents, or invitees. Upon execution of an easement by the Folson Tract Owner, CSC shall
provide appropriate and typical general liability insurance covering the CSC Tract and the use of the
easement, which insurance shall name the Folson Tract Owner as an additional insured and, while any work
is being undertaken by CSC in the Easement Area, shall include standard workmen's compensation and
employers' liability insurance covering all applicable employees with policy amounts and coverage in
compliance with the laws of the State of Colorado.
5. The terms and provisions of this Agreement shall be construed and enforced in accordance
with the laws of the State of Colorado and shall be binding upon and inure to the benefit and burden of the
Folson Tract owner, its heirs, successors and assigns. In the event any party commences an action to
enforce its rights hereunder or to enjoin any violation of the terms and provisions of this Agreement, the
substantially prevailing party in such action shall be entitled to receive its attorney's fees and other costs of
suit incurred in such action.
The undersigned has executed this Easement as of the date first above written.
CSC LAND LLC, a Colorado limited liability company
By: JMJCSC LP, a Texas limited partnership, its manager
By: JMJ129 West, LLC, a Texas limited
liability company, its general partne/
By:
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STATE OF 09 -ORrHO )
or* ) ss.
COUNTY OF £ )
The foregoing instrument was acknowledged before me this 15XA- day of , 2007, by
Timothy L. Barton as manger of JMJ129West, LLC, a Texas limited liability company, eneral partner of
JMYCSC LP, a Texas limited partnership, manager of CSC LAND LLC, a Colorado limited liability
company.
_ A. LONG
My commission expires: 25 ~3 01 0 LINDA
* MY COMMISSION EXPIRES
February 25, 2010
Witness my hand and official seal.
Notary Public
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EXHIBIT A
Legal description of CSC Easement Tract
Beginning at a point on the southerly right-of-way of U.S. Highway 6, being the northeasterly corner of Lot
1, Chateau St. Claire Subdivision-PUD, Town of Avon, Eagle County, Colorado, the True Point of
Beginning, thence S 20° 01' 19" W a distance of 50.00 feet along the easterly line of said Lot 1, thence N
69° 58'41 " W a distance of 35.00 feet, thence N 20° 01' 19" E a distance of 51.61 feet to the southerly right-
of way of U.S. Highway 6, thence along said southerly right-of-way of U.S Highway 6, a distance of 35.04
feet along the arc of a curve to the right with a radius of 3770.00 feet and a central angle of 0° 31' 57" whose
chord bears S 67° 21' 06" E a distance of 35.04 feet to the True Point of Beginning.
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EXHIBIT B
Legal Description of Folson Tract
A tract of land described as having the True Point of Beginning being the Southeast Corner of the
NW 1/4, SE 1/4, Section 12, Township 5 South, Range 82 West of the 6th Principal Meridian;
thence N 89° 3702" W a distance of 1,302.02 feet along the south line of said NW 1/4, SE1/4,
Section 12 to the southeasterly corner of the Chateau St. Claire Subdivision - PUD as recorded in
Book 729 Page 742 on June 18, 1997 at the Office of the Clerk and Recorder in Eagle County,
Colorado; thence N 20°01'19" E a distance of 1,097.52 feet along the common property line with
Chateau St. Claire Subdivision to point on the southerly right-of-way line of U.S. Highway 6 and
being on a curve to the right having radius of 3,770.00 feet; thence a distance of 293.85 feet along
said curve and said right-of-way through a central angle of 4°27'57", having a chord bearing and
distance of S 64°51'07" E, 293.78 feet to a point; thence S 58°19'36" E along said right-of-way line
a distance of 128.74 feet to a point; thence S 62°40'56" E a distance of 622.93 feet to appoint on the
east line of the NW 1/4, SE 1/4, Section 12, Township 5 South, Range 82 West of the 6th Principal
Meridian; thence S 00°16'44" W a distance of 561.57 feet along said east to the True Point of
Beginning.
Said parcel of land containing 937,549 sq. ft. (21.523 acres) more or less.
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