HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 01/05/2021 - FIRST READING OF ORDINANCE NO. 008, 2021, AUTHORIZ Agenda Item 9
Item # 9 Page 1
AGENDA ITEM SUMMARY January 5, 2021
City Council
STAFF
Jason Licon, Airport Director
Travis Storin, Interim Chief Finance Officer
Judy Schmidt, Legal
SUBJECT
First Reading of Ordinance No. 008, 2021, Authorizing Conveyance of a Permanent Non-Exclusive Drainage
Easement on Property Jointly Owned by the City and the City of Loveland at the Northern Colorado Regional
Airport for the New Veterans’ Affairs Clinic.
EXECUTIVE SUMMARY
The purpose of this item is to authorize a permanent non-exclusive drainage easement over a portion of the
Northern Colorado Regional Airport property owned jointly by the Cities of Fort Collins and Loveland for the
benefit of a new Veteran’s Affairs (VA) clinic planned for constructed adjacent to the east side of the Airport
(the “VA Project”) by Byrd Drive Development, LLC, (“Developer”).
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The Northern Colorado Regional Airport is a jointly owned and operated public facility shared by the Cities of
Fort Collins and Loveland. In 2015, the Cities entered into an intergovernmental agreement (IGA) that formed
the Northern Colorado Regional Airport Commission, which is delegated certain powers and authority to
operate and maintain the Airport. However only the City Councils of the Cities have the authority to grant an
easement as a permanent property right in the Airport Property.
In connection the planned VA Project, the Developer has requested a permanent non-exclusive easement for
stormwater and surface drainage (the “Easement”) over and across a portion of the Airport Property.
Historically, stormwater from this undeveloped site flowed onto the Airport and was conveyed to the south by a
swale before eventually dissipating in a low area near the railroad tracks. After periods of heavy precipitation,
water has the tendency to collect in the area, causing a potential safety issues by attracting birds and other
wildlife. Due to the construction of impervious surfaces and alteration to natural drainage patterns, the VA
Project will introduce new stormwater flows to the Airport.
Under Colorado common law “the owner of upper lands has an easement over lower lands for drainage of
surface waters, and natural drainage conditions can be altered by an upper proprietor provided the water is not
sent down in a manner or quantity to do more harm than formerly.”
The VA Project will impact the historical drainage of stormwater onto the Airport property and the Developer
will meter stormwater flows from on-site detention and direct such stormwater into an improved drainage swale
on the Airport property.
Agenda Item 9
Item # 9 Page 2
Although stormwater discharge will be metered from the VA Project in a manner that prevents flooding and
erosion, the Airport will receive larger volumes of water over longer periods of time. To mitigate negative
impacts of these developed flows, sections of new swale need to be constructed and sections of an existing
swale need to be improved. To prevent standing water on airport property, the swales need to be graded
correctly to convey stormwater to an existing culvert that goes under the railroad track.
To document such modified storm drainage from the Developer’s property over and across the Airport
Property, Airport staff proposes to enter into an Agreement for Non-Exclusive Drainage Easement whereby the
Cities grant an express non-exclusive drainage easement to the Developer in exchange for the Developer’s
relinquishment of historical drainage rights and construction of certain drainage improvements to minimize
impacts on the Airport. This easement will allow stormwater flows from the VA Project site to be conveyed
across Airport property in a safe manner and will protect the Airport and Cities from any costs associated with
the construction and maintenance of the improvements.
The Federal Aviation Administration has approved the grant of the Easements in accordance with the Airport
Grant Assurances.
CITY FINANCIAL IMPACTS
The Easement does not have material financial impacts on the Airport. The consideration received by the
Cities in the form of the relinquished claim of historic common law drainage rights across the Airport and the
obligation to construct the Easement Improvements to limit the impact of such historic flows to the Easement
Property is at least equal to the fair market value of the Easement as required by City Code Section 23-114.
BOARD / COMMISSION RECOMMENDATION
The Northern Colorado Regional Airport Commission voted 7-0 to recommend the City Councils of Fort Collins
and Loveland approve this easement. (Attachment 4)
PUBLIC OUTREACH
The proposed easement is in line with the adopted and approved Airport Master Plan, for which considerable
outreach was conducted and public input was received. No public outreach has been conducted with respect
to the specific easement.
ATTACHMENTS
1. Drainage Easement Map (PDF)
2. NCRAC Resolution R-8-2020 (PDF)
3. NCRAC Minutes (PDF)
VA Clinic
Crossroads Blvd
Airport BoundaryRailroad
Culvert
WAPAFuture RoadDrainage EasmentDiscovery Air
Rocky Mountain AveConstruct
New
Swale
Existing SwaleVA Detention
Pond
Improve
Existing
Swale
Improve
Existing
Swale
VA Clinic
Stormwater Easment
ATTACHMENT 1
ATTACHMENT 2
November 12, 2020 Meeting Minutes
Call to Order: Chair Troxell called the meeting to order at 3:31 pm
Roll Call: Chair Troxell, Vice-Chair Fleming, Commissioners Adams, Atteberry,
Overcash, and Stooksbury were present. Commissioner Burgener
connected after the start of the meeting. The meeting was held virtually
on the Zoom Meeting platform.
Public Comments: None
Consent Agenda
Commissioner Adams moved to approve the Consent Agenda for items 1-4. The motion,
seconded by Vice-Chair Fleming carried with all the Commissioners present voting in favor
thereof.
Pulled Items Vice-Chair Fleming pulled item 5 for the VA Clinic and stormwater
easement request for further discussion.
Consent Follow up Vice-Chair Fleming asked three questions. The first on whether the
airport will incur any cost for the increased drainage. Second, if the
proposed water drainage will affect the appearance of Limburgh drive, if
the drainage would go under the future roadway. Lastly he asked if the
reason this needs approval by the councils is because it deals with a
property interest, but if this is something that could be changed to be
dealt with at the Commission level in the future. The Airport Director
confirmed no costs would be incurred by the Airport and that there
would be an increased elevation which is depicted on page 53 of the
meeting packet. However, overall the visibility of the natural soil swales
for drainage should be minimal. The Airport Legal Counsel, Laurie
Stirman, confirmed that since the easement is an action for a property
interest that was why this needed approval by both City Councils. She
stated the City of Loveland charter does provide for authority to grant
permanent real property interest but that would be an IGA amendment
that would require approval by both City Councils.
Regular Agenda
5.VA Clinic
Stormwater
Easement Request
A new Veteran’s Affairs (VA) clinic is being constructed adjacent to the
East side of the Airport. Historically, stormwater from this site sheet
flowed onto the airport and was conveyed to the South by a swale
before eventually dissipating in a low area near the railroad tracks. After
periods of heavy precipitation, water has the tendency to collect in the
area, causing a potential safety issues by attracting birds and other DRAFTATTACHMENT 3
wildlife. Due to the construction of impervious surfaces and alteration
to natural drainage patterns, the VA clinic will introduce new
stormwater flows to the airport.
The Colorado Civil Law Rule states that “the owner of upper lands has
an easement over lower lands for drainage of surface waters, and
natural drainage conditions can be altered by an upper proprietor
provided the water is not sent down in a manner or quantity to do more
harm than formerly.”
Although stormwater discharge will be metered from the VA clinic in a
manner that prevents flooding and erosion, the airport will receive
larger volumes of water over longer periods of time. To mitigate
negative impacts of these developed flows, sections of new swale need
to be constructed and sections of existing swale need to be improved.
To prevent standing water on airport property, the swales need to be
graded correctly to convey stormwater to an existing culvert that goes
under the railroad track. This easement will allow stormwater flows
from the VA clinic site to be conveyed across airport property in a safe
manner, but will protect the Airport and Cities from any costs
associated with the construction and maintenance of the
improvements.
Public Comments: None
3:40 Commissioner Burgener connected
Vice-Chair Fleming moved to approve Resolution R-08-2020 to recommend the Cities
authorize and execute an agreement for non-exclusive drainage easement for the Veteran’s
Affairs clinic. The motion, seconded by Commissioner Adams carried with all the
Commissioners present voting in favor thereof.
6. Proposed Airport
Land Use and
Design Standards
Airport staff presented draft standards for potential adoption at the
November 2019 and January 2020 Commission meetings. The
Commission provided feedback and gave direction to revise the
Standards where possible to address the feedback and/or examine
additional potential solutions. The Standards have been modified to
address Commission concerns and recommendations. A development
guide that outlines steps and submittal requirements has also been
created to accompany the Standards. The PDSC believes that the Land
Use & Design Standards along with the Master Plan adequately address
issues relating to new development. They also agree that plans and
policies relating to existing development and corridors should be
developed separately.
DRAFT
-1-
ORDINANCE NO. 008, 2021
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING CONVEYANCE OF A PERMANENT NON-EXCUSIVE DRAINAGE
EASEMENT ON PROPERTY JOINTLY OWNED BY THE CITY AND THE CITY OF
LOVELAND AT THE NORTHERN COLORADO REGIONAL AIRPORT FOR THE
NEW VETERANS’ AFFAIRS CLINIC
WHEREAS, the City of Fort Collins (“City”) and the City of Loveland ("Loveland")
(collectively, the “Cities”) jointly own property located in Loveland (the "Airport Property")
known as the Northern Colorado Regional Airport (the “Airport”) and
WHEREAS, the Cities currently operate and maintain the Airport pursuant to that
certain Amended and Restated Intergovernmental Agreement for the Joint Operation of the
Fort Collins-Loveland Airport dated January 22, 2015, as amended (the “IGA”); and
WHEREAS, in connection with the planned development of certain undeveloped real
property adjacent to the Airport and legally described on Exhibit “A” attached hereto and
incorporated herein by this reference (the “Benefitted Property”) by Byrd Drive Development,
LLC, (“Developer”), Developer has requested a permanent non-exclusive easement for
stormwater and surface drainage (the “Easement”) over and across that portion of the Airport
Property legally described and depicted on Exhibit “B” attached hereto and incorporated herein
by this reference (the “Easement Property”); and
WHEREAS, stormwater and surface drainage from the Benefitted Property has
historically run over and across the Airport Property in the general vicinity of the Easement
Property, giving rise to a claim of historic flow rights under Colorado common law in favor of
the Benefitted Property in an undeveloped state, although no documentation of a drainage
easement exists; and
WHEREAS, Developer’s plans to develop the Benefitted Property include on-site
stormwater detention and metering of stormwater and surface flows from the Benefitted Property
onto the Airport Property and improvements to direct such stormwater into an improved swale in
lieu of the historic drainage path across the Airport Property (collectively, the “Easement
Improvements”); and
WHEREAS, Developer agrees to relinquish any claim to historic flow rights under
Colorado common law and complete the Easement Improvements to mitigate the impact of
developed flows across the in return for a permanent non-exclusive easement for storm drainage
over and across the Easement Property on the terms and conditions more fully set forth in the
Agreement for Permanent Non-Exclusive Drainage Easement attached hereto as Exhibit “C” and
incorporated herein by reference (the “Easement Agreement”) ; and
WHEREAS, City Code Section 23-111(a) authorizes the City Council to sell, convey
or otherwise dispose of any interest in real property owned by the City, provided the City
Council first finds, by ordinance, that such sale or other disposition is in the best interest of
the City.
-2-
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That the City Council hereby finds that the City's conveyance of the
Easement to the Developer on the terms and conditions set forth in the Easement Agreement
serves a bona fide public purpose and is in the best interests of the City and that the
consideration received by the City in the form of the relinquished claim of historic common
law drainage rights across the Airport Property and the obligation to construct the Easement
Improvements to limit the impact and location of stormwater flows to the Easement
Property is at least equal to the fair market value of the Easement as required by City Code
Section 23-114.
Section 3. That the Mayor is hereby authorized to execute the Easement Agreement
substantially in the form attached hereto together with such additional terms and conditions as
the City Manager, in consultation with the City Attorney, determines are necessary or
appropriate to protect the interests of the City, including, but not limited to, any necessary
changes to the legal description of such Property Interests, as long as such changes do not
materially increase the size or change the character of the interests to be conveyed.
Introduced, considered favorably on first reading, and ordered published this 5th day
of January, A.D. 2021, and to be presented for final passage on the 19th day of January, AD.
2021.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on the 19th day of January, AD 2021.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
EXHIBIT A
BENEFITTED PROPERTY
Lot 1, East Loveland Industrial 25th Subdivision,
City of Loveland, County of Larimer, State of Colorado
8
EXHIBIT B
LEGAL DESCRIPTION OF EASEMENT PROPERTY
LAND SITUATE IN THE SOUTHEAST QUARTER OF SECTION 33, TOWNSHIP 6 NORTH, RANGE 68 WEST AND THE
NORTHEAST QUARTER OF SECTION 4, TOWNSHIP 5 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN; CITY
OF LOVELAND, COUNTY OF LARIMER, STATE OF COLORADO; AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SECTION 34 WHENCE THE WEST QUARTER CORNER OF SAID SECTION
BEARS N00°25'16"W A DISTANCE OF 2598.77 FEET ON THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION;
THENCE N 00°25'16"W A DISTANCE OF 320.40 FEET TO THE POINT OF BEGINNING.
THENCE N 00°25'16" W A DISTANCE OF 752.24 FEET TO THE SOUTHWEST CORNER OF LOT 1, EAST LOVELAND
INDUSTRIAL
25TH SUBDIVISION DESCRIBED IN REC. #20200067414;
THENCE ON THE WEST LINE OF SAID LOT N 00°25'16" W A DISTANCE OF 713.19 FEET TO THE NORTHWEST CORNER OF
SAID LOT;
THENCE ON THE WEST LINE OF TRACT A, EAST LOVELAND INDUSTRIAL 25TH SUBDIVISION DESCRIBED IN REC.
#20200067414 N 00°25'16" W A DISTANCE OF 38.37 FEET;
THENCE S 89°34'44" W A DISTANCE OF 50.65 FEET;
THENCE S 00°02'13" W A DISTANCE OF 168.63 FEET;
THENCE ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 845.00 FEET, A CENTRAL ANGLE
OF 18°55'43", AN ARC LENGTH OF 279.16 FEET AND A CHORD THAT BEARS S 09°30'05” W A DISTANCE OF 277.89 FEET;
THENCE S 00°24'50" E A DISTANCE OF 1009.95 FEET;
THENCE S 54°04'16" W A DISTANCE OF 207.50 FEET;
THENCE SOUTH A DISTANCE OF 313.60 FEET;
THENCE S 05°24'41" W A DISTANCE OF 606.23 FEET;
THENCE ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 2450.00 FEET, A CENTRAL ANGLE
OF 12°12'46", AN ARC LENGTH OF 522.22 FEET AND A CHORD THAT BEARS S 11°31'04” W A DISTANCE OF 521.23 FEET;
THENCE S 17°37'27" W A DISTANCE OF 272.92 FEET;
THENCE N 86°17'19" W A DISTANCE OF 756.46 FEET TO A POINT ON THE SOUTHWEST LOT LINE OF TRACT B,
BARNSTORM SECOND ADDITION DESCRIBED IN REC. #86044345;
THENCE ON SAID LINE S 49°20'54" E A DISTANCE OF 166.39 FEET;
THENCE S 86°17'19" E A DISTANCE OF 701.72 FEET;
THENCE N 17°37'27" E A DISTANCE OF 351.17 FEET;
THENCE ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 2550.00 FEET, A CENTRAL ANGLE
OF 12°12'46", AN ARC LENGTH OF 543.54 FEET AND A CHORD THAT BEARS N 11°31'04” E A DISTANCE OF 542.51 FEET;
THENCE N 05°24'41" E A DISTANCE OF 610.95 FEET;
THENCE NORTH A DISTANCE OF 267.29 FEET;
THENCE N 54°04'17" E A DISTANCE OF 207.98 FEET TO THE POINT OF BEGINNING;
SAID PARCEL CONTAINS 9.16 ACRES MORE OR LESS AND IS SUBJECT TO ALL RIGHTS-OF-WAY, EASEMENTS AND
RESTRICTIONS NOW IN USE OR OF RECORD.
S89"34'44"W 50.65'
S00"02'13"W 168.63'
�18"55' 43"
R=845.00'
L=279.16'
CH=277.89'
S09"30'05"W
S00"24'50"E 1009.95'
S54"04'16"W 207.50'
soo·oo'oo"E 313.60'
S05"24'41"W 606.23'
�1212'46"
R=2450.00'
L=522.22'
CH=521.23'
S11"31'04"W
S17"37'27"W 272.92'
WEST QUARTER CORNER SEC. 34, T6N, R68W
�FOUND #6 REBAR WITHT 2" ALUM DISC PLS 11989
If'....BASIS OF BEARINGS I "-N00"25'16"W 2598. 77'
N00"25'16"W 38.37'
N00"25'16"W 713.19'
N00"25'16"W 752.24'
POINT OF BEGINNING
N00"25'16"W 320.40' V fsouTHWEST CORNERVr �ECTION 34, T6N, R68W
FOUND #6 W/ 2" ALUM CAP IN MON. BOX LS 20676
POINT OF COMMENCEMENT
N54 "04'17"E 207. 98'
Noo·oo·oo"E 267.29'
N05"24'41"E 610.95'
�1212'46"
R=2550.00'
L=543.54'
CH=542.51' 500 250 0 - -500 N8617'19"W 756.46' N11"31'04"E ---
S49"20' 54 "E
166.39'
N17"37'27"E 351.17'
S8617'19"E 701. 72'
scale 1•=500'
DATE: NOVEMBER 2020 JOB NO. 1238.0001.00 SHEET 2 OF 2
760 Whalers Way, Bldg C, Suite 200 Fart Callins, Colorado Phone: 970.226.0557 Fax: 970.226.0204
feet
VA Clinic
Crossroads Blvd
Airport BoundaryRailroad
Culvert
WAPAFuture RoadDrainage EasmentDiscovery Air
Rocky Mountain AveConstruct
New
Swale
Existing SwaleVA Detention
Pond
Improve
Existing
Swale
Improve
Existing
Swale
VA Clinic
Stormwater Easment
1
AGREEMENT FOR PERMANENT NON-EXCLUSIVE
DRAINAGE EASEMENT
THIS AGREEMENT FOR PERMANENT DRAINAGE EASEMENT (Agreement), made
this ________ day of ______________________________ 2020, by the CITIES OF LOVELAND AND
FORT COLLINS, COLORADO, both municipal corporations, hereinafter referred to as “Cities ” or
“Grantors” and Byrd Drive Development, LLC whose address is 1625 Pelican Lakes Point, Suite 201,
Windsor, Colorado, hereinafter referred to as “Grantee.”
WHEREAS, Grantors jointly own and operate the Northern Colorado Regional Airport located in
Loveland, Colorado legally described in “Exhibit A” attached hereto and incorporated herein (the
“Airport”); and
WHEREAS, the Grantee owns undeveloped property adjacent to the Airport legally described in
“Exhibit “B” attached hereto and incorporated herein (“Grantee’s Property”) from which naturally
occurring stormwater and surface drainage has historically run over and across certain portions of the
Airport, giving rise to a claim of historic flow rights for the benefit of Grantee’s Property in an undeveloped
state although, no documentation of a drainage easement exists. ; and
WHEREAS, the Grantee is currently planning to develop Grantee’s Property, which development
includes on-site stormwater detention and metering to maintain the historic rate of stormwater flows onto
the Airport property and improvements to direct such stormwater into an improved swale in lieu of the
historic drainage path on the Airport property; and
WHEREAS, Grantors and Grantee desire to document the grant of an express easement over and
across specific portions of the Airport in the same general area of such historic use and in lieu of any historic
rights to discharge historic stormwater or surface water flows from the Grantee’s Property onto the Airport,
and to describe their respective rights and obligations regarding such easement.
WITNESSETH:
FOR GOOD AND VALUABLE CONSIDERATION, the receipt of which is hereby
acknowledged, the parties agree as follows:
1. In consideration of Grantee’s relinquishment of any historic rights to discharge historic stormwater
or surface water flow from Grantee’s Property over and across the Airport, the Cities have this day
bargained and sold, and by these presents do bargain, sell, convey, transfer and deliver unto the
Grantee, its successors and assigns for the benefit of and appurtenant to Grantee’s Property and
subject to the terms and conditions set forth herein, a permanent non-exclusive drainage easement
(the “Easement”) in, over, and across the real estate described in Section 2 below (“Easement
EXHIBIT C
2
Property”). Grantee may use the Easement Property only for the purposes of storm water and
surface drainage from Grantee’s Property, at the historic rate of stormwater flows, over, upon,
across, in, and through the Easement Property, including above ground materials, appurtenances,
culverts to be constructed Grantee on and within the Easement Property pursuant hereto, and a
natural drainage swale (the “Improvements”) associated with and necessary to convey such
drainage in a safe and reasonable manner across the Easement Property.
2. The Easement hereby granted over and across the Easement Property, which is located on the
Airport property and situated in Larimer County, Colorado is described as follows:
Exhibit “C” – Easement Property Legal Description
Exhibit “D” – Easement Drawing
3. In consideration of Grantors’ conveyance of the Easement, Grantee has this day bargained and sold,
and by these presents does bargain, sell, convey, transfer and deliver unto the Grantors, their
successors and assigns, and hereby relinquishes any historic rights to discharge historic stormwater
or surface water flow from Grantee’s Property over and across the Airport.
4. Grantee may not use this grant of easement for any purpose other than that which is specifically
described herein. If the Easement is used by Grantee for any purpose other than stated herein, the
Easement is automatically terminated, and all of the right, title and interest of Grantee (and
Grantee’s successors or assigns) in and to the Easement Property become null and void, and the
Easement Property shall absolutely revert to and revest in Grantors as fully and completely as if
this instrument had not been executed, without the necessity for suit or re-entry and Grantee shall
remove improvements as provided above. No act or omission on the part of any beneficiary of this
paragraph shall be a waiver of the operation or enforcement of the paragraph.
5. Grantors reserve the right to use the Easement and the Easement Property for any purposes that
will not interfere with Grantee’s full enjoyment of the rights granted herein, including but not
limited to the right to operate or allow others to operate utility, drainage and other improvements
or uses of the Easement Property, as Grantors may determine are appropriate and consistent with
the operation of the Airport Property.
6. Construction and Maintenance of Drainage Improvements.
a. Grantee, at Grantees’ sole cost and expense, shall be allowed to access the Easement
Property and construct on the Easement Property the Improvements identified and depicted
on Exhibit “D” hereto. To the extent that Grantee requires access to the Easement Property,
such access is subject to the consent of the Cities pursuant to the Airport’s security
3
requirements. For any construction or alteration on the Easement Property, Grantee will be
required to complete and submit to the Federal Aviation Administration a Form 7460-1
“Notice of Proposed Construction or Alteration.”
b. All stormwater and/or drainage plans for the Easement Property are subject to prior written
approval by the Airport Manager.
c. At Grantee’s sole cost and expense, the Cities’ shall maintain the Easement Property and
any Improvements thereon. The Cities reserve the right to seek reimbursement of all
reasonable costs documented and incurred in such maintenance activities. Grantee agrees
to pay the Cities within thirty (30) days of receipt of an invoice for any costs borne by the
Cities on Grantee’s behalf as described in this Agreement.
7. Grantee acknowledges that the Cities’ draft Airport Master Plan reflects that a road may be installed
across the Easement Property at some time in the future and other changes to the layout and use of
the Airport may be required over time. The Cities reserve the right, at Grantee’s sole expense, to
relocate the Easement and drainage facilities located on the Easement Property and/or to modify
such drainage facilities (for example, by installation of a culvert or other modifications) as may be
reasonably necessary or reasonably appropriate to accommodate changes to the Airport and
improvements thereon, including but not limited to construction of the road and other
improvements shown on the Airport Master Plan as it may change from time to time.
8. Grantee agrees to indemnify and hold harmless the Cities, their officers, employees, and agents,
from and against all liability, claims, and demands on account of any injury, loss, or damage arising
out of or connected with Grantee’s use of the Easement, if such injury, loss, or damage, or any
portion thereof, is caused by, or claimed to be caused by, the act, omission, or other fault of the
Grantee or any officer, employee, agent, or contractor of the Grantee, or any other person for whom
the Grantee is responsible. The Grantee shall notify Cities and provide a copy of any and all written
claims or demands within two business days of receipt. The Grantee’s indemnification obligation
shall not be construed to extend to any injury, loss, or damage caused by the negligent act or
omission of the Cities.
9.
10. If the drainage and appurtenant facilities are no longer in use, this Easement may be vacated by
joint agreement by the Cities and the Grantee.
11. If Grantee shall fail to pay the Cities any amount when due, Grantee agrees to pay to the Cities all
reasonable costs and expenses (including but not limited to collection costs, court costs and
reasonable attorneys’ fees) incurred by the Cities in the enforcement of this Easement.
12. It is intended that the Easement shall be an easement appurtenant to Grantee’s Property as the
4
benefitted property shall run with title to the Grantee’s Property and shall bind every person or
entity having any fee, leasehold, or other interest therein.
13. Notices. Written notices shall be directed as follows and shall be deemed received when hand-
delivered or emailed, or three days after being sent by certified mail, return receipt requested:
If to Grantors:
City of Fort Collins
Attn: City Manager
City Hall West
300 LaPorte Avenue
Fort Collins, CO 80521
With a copy to:
City Attorney
City of Fort Collins
City Hall West
300 LaPorte Avenue
Fort Collins, CO 80521
City of Loveland
Attn: City Manager
500 E. Third Street
Loveland, CO 80537
With a copy to:
City Attorney
City of Loveland
500 E. Third Street
Loveland, CO 80537
If to Grantee:
Byrd Drive Development, LLC
Attn: Martin Lind
1625 Pelican Lakes Point, Suite 201
Windsor, CO 80550
14. This Easement is for the benefit of, and is binding upon, the parties’ respective successors and
assigns.
5
15. This Easement contains the entire agreement of the parties relating to the subject matter hereof and,
except as provided herein, may not be modified or amended except by written agreement of the
parties. In the event a court of competent jurisdiction holds any provision of this Easement invalid
or unenforceable, such holding shall not invalidate or render unenforceable any other provision of
this Easement. This Easement shall be governed by the laws of the State of Colorado, and venue
shall be in the County of Larimer, State of Colorado.
16. This Easement may be executed in separate counterparts, and the counterparts taken together shall
constitute the whole of this Easement. Facsimile, scanned and other electronic signatures permitted
by law, for purposes of this Easement, shall be deemed as original signatures.
TO HAVE AND TO HOLD said permanent Easement unto the Grantee, its successors and
assigns forever.
IN WITNESS WHEREOF, the Cities and the Grantee have executed this Agreement the day
and year first above written.
GRANTORS:
City of Fort Collins, Colorado, a municipal corporation
Darin A. Atteberry, City Manager
Date
ATTEST:
___________________
City Clerk
APPROVED AS TO FORM:
______________________
Sr. Assistant City Attorney
6
City of Loveland, Colorado, a municipal corporation
____________________________________________________________
Stephen C. Adams, City Manager Date
ATTEST:
______________________
City Clerk
APPROVED AS TO FORM:
______________________
Assistant City Attorney
Grantee: Byrd Drive Development, LLC
Signed:
By:
Title:
Date:
State of __________________ )
) ss
County of ________________ )
Acknowledged before me this ____ day of ___________, 20___, by _______________________ as
_____________________ of Grantee.
Witness my hand and seal. My commission expires: ____________________.
(S E A L)
Notary Public
7
EXHIBIT A
(Legal Description of Airport)
Section 1:
Tract A, Barnstorm 2nd Addition, City of Loveland, County of Larimer, State of Colorado
Section 2:
Tract B, Barnstorm 2nd Addition, City of Loveland, County of Larimer, State of Colorado, Less
Barnstorm 1st Subdivision, Less FNL Condominiums, a leasehold condominium, less
20090028294 (Fort-Love Hangar Condos), Less ROW 20050071130-031, Less ROW
20190050171
Section 3:
Lots 1 and 2, Barnstorm 1st Subdivision, City of Loveland, County of Larimer, State of Colorado
Section 4:
That portion of the N 1/2 of Section 28, Township 6 North, Range 68 West of the 6th P.M., more
particularly described as follows: Considering the North line of the NW 1/4 of said Section 28 as
bearing East and West and with all bearings contained herein relative thereto: BEGINNING at
the Northwest corner of said Section 28; thence along the North line of said Section 28 East
820.14 feet to the TRUE POINT OF BEGINNING; thence S28° 47'E 164.69 feet; thence
S41°55'E 152.85 feet; thence S0°09'E 157.83 feet; thence East 231.41 feet to a point on the
centerline of the Louden Ditch as it now exists; thence along said centerline through the
following courses and distances; S19°30'E 131.00 feet; thence S14°30'E 150 feet to the
beginning of a tangent curve concave to the Northeast having a central angle of 39°44' and a
radius of 217.0 feet; thence SoutheasterIy along the arc of said curve 150.48 feet to the end of
said curve; thence tangent from said curve S54°14'E 115.00 feet to the beginning of a tangent
curve concave to the North having a central angle of 43°06' and a radius of 91.0 feet; thence
Southeasterly along the arc of said curve 68.45 feet to the end of said curve; thence Northerly
889.68 feet to a point on the North line of said Section 28, said point being 1525.26 feet East of
the Northwest corner of said Section 28; thence West along North line of said Section 28, 705.12
feet to POINT OF BEGINNING, subject to easement and right-of-way for the Louden Ditch;
subject to easement and right of way for County Road No. 30; and subject to easement and right
of way granted to Poudre Valley Rural Electric Association in Book 2065 at Page 628; in the
County of Larimer, State of Colorado.
8
EXHIBIT B
(Legal Description of Grantee’s Property)
Lot 1, East Loveland Industrial 25th Subdivision, City of Loveland, County of Larimer, State of
Colorado
9
EXHIBIT C
(Legal Description of Easement Property)
LEGAL DESCRIPTION
LAND SITUATE IN THE SOUTHEAST QUARTER OF SECTION 33, TOWNSHIP 6 NORTH, RANGE 68 WEST AND THE
NORTHEAST QUARTER OF SECTION 4, TOWNSHIP 5 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN; CITY
OF LOVELAND, COUNTY OF LARIMER, STATE OF COLORADO; AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SECTION 34 WHENCE THE WEST QUARTER CORNER OF SAID SECTION
POINT OF BEGINNING.
INDUSTRIAL
25TH SUBDIVISION DESCRIBED IN REC. #20200067414;
SAID LOT;
THENCE ON THE WEST LINE OF TRACT A, EAST LOVELAND INDUSTRIAL 25TH SUBDIVISION DESCRIBED IN REC.
THENCE ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 845.00 FEET, A CENTRAL ANGLE
THENCE SOUTH A DISTANCE OF 313.60 FEET;
THENCE ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 2450.00 FEET, A CENTRAL ANGLE
BARNSTORM SECOND ADDITION DESCRIBED IN REC. #86044345;
THENCE ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 2550.00 FEET, A CENTRAL ANGLE
THENCE NORTH A DISTANCE OF 267.29 FEET;
POINT OF BEGINNING;
SAID PARCEL CONTAINS 9.16 ACRES MORE OR LESS AND IS SUBJECT TO ALL RIGHTS-OF-WAY, EASEMENTS AND
RESTRICTIONS NOW IN USE OR OF RECORD.
10
EXHIBIT D
(Depiction of Easement Property)