HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 06/21/2016 - SECOND READING OF ORDINANCE NO. 076, 2016, AUTHORIAgenda Item 3
Item # 3 Page 1
AGENDA ITEM SUMMARY June 21, 2016
City Council
STAFF
Tawnya Ernst, Real Estate Specialist III
SUBJECT
Second Reading of Ordinance No. 076, 2016, Authorizing the Conveyance of an Access Easement on
Topminnow Natural Area to Jerome B. And Darla J. Roselle in Exchange for the Vacation of an Existing
Access Easement.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on June 7, 2016, authorizes the conveyance of an
access easement to Jerry and Darla Roselle in exchange for an easement from the Roselles, with the consent
of the North Poudre Irrigation Company, across the Fossil Creek Inlet Ditch Road on Topminnow Natural Area
and the Roselles' property. Both properties are bounded by the Fossil Creek Inlet Ditch. The Natural Areas
Department is in the process of acquiring 5-plus acres of land from the Roselles to add to Topminnow Natural
Area. The Roselles intend to retain a small parcel of land east of the Ditch, necessitating the need for an
access easement. The best physical access is across the Fossil Creek Inlet Ditch Road, which is maintained
by North Poudre Irrigation Company within easements it owns on the City and Roselle properties. The parties
have proposed to enter into a reciprocal access easement which will formalize the access rights and
obligations for each party on the ditch road. The Roselles have also agreed to vacate an existing access
easement on the east side of the Natural Area.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, June 7, 2016 (w/o attachments) (PDF)
2. Ordinance No. 076, 2016 (PDF)
Agenda Item 12
Item # 12 Page 1
AGENDA ITEM SUMMARY June 7, 2016
City Council
STAFF
Tawnya Ernst, Real Estate Specialist III
SUBJECT
First Reading of Ordinance No. 076, 2016, Authorizing the Conveyance of an Access Easement on
Topminnow Natural Area to Jerome B. And Darla J. Roselle in Exchange for the Vacation of an Existing
Access Easement.
EXECUTIVE SUMMARY
The purpose of this item is to authorize conveyance of an access easement to Jerry and Darla Roselle
(“Roselles”) in exchange for an easement from the Roselles, with the consent of the North Poudre Irrigation
Company, across the Fossil Creek Inlet Ditch Road on Topminnow Natural Area and the Roselles' property.
Both properties are bounded by the Fossil Creek Inlet Ditch. The Natural Areas Department is in the process of
acquiring 5-plus acres of land from the Roselles to add to Topminnow Natural Area. The Roselles intend to
retain a small parcel of land east of the Ditch necessitating the need for an access easement. The best
physical access is across the Fossil Creek Inlet Ditch Road, which is maintained by North Poudre Irrigation
Company within easements it owns on the City and Roselle properties. The parties have proposed to enter into
a reciprocal access easement which will formalize the access rights and obligations for each party on the ditch
road. The Roselles have also agreed to vacate an existing access easement on the east side of the natural
area.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The City property, ("Topminnow Natural Area"), identified as Lot 2 of the Amended Roselle-Shields MLD and
by Parcel Number 87332-30-902, was acquired in 2014 by the Natural Areas Department for public natural
area purposes. The Roselles own an 11-acre parcel (Lot 1 of the Amended Roselle-Shields MLD) which is
immediately south of Topminnow Natural Area. The Fossil Creek Inlet Ditch, which is within easements
acquired from prior landowners, forms the western boundary of Topminnow and bisects the Roselle's property.
Natural Areas is in the process of acquiring 5+ acres of the Roselle's property east of the ditch in order to
expand Topminnow and to enhance grassland wildlife habitat adjacent to the wetland created at Topminnow.
The Roselles will retain a 0.5 acre piece of land east of the ditch.
Currently, the Roselles have an access easement to their property on the east side of Topminnow. However,
Natural Areas would like to realign that access easement to the Fossil Creek Inlet Ditch Road, which would
have a lesser impact on the Department's restoration efforts on Topminnow and provide direct access to the
parcel the Roselles intend to retain. The Fossil Creek Inlet Ditch Road is an existing two-track which is
operated and maintained by the North Poudre Irrigation Company. During negotiations, the Roselles agreed to
grant an easement to the City across the Fossil Creek Inlet Ditch Road on their retained parcel.
The easement will provide the Roselles' access to their retained parcel east of the ditch and will also provide
secondary access for the Natural Areas Department.
ATTACHMENT 1
Agenda Item 12
Item # 12 Page 2
CITY FINANCIAL IMPACTS
Given the existence of the Fossil Creek Inlet Ditch Road, the fact that this easement will replace an existing
access easement owned by the Roselles, and the mutual benefit of the access easement, the easement would
be granted to the Roselles at no cost.
BOARD / COMMISSION RECOMMENDATION
At its September 2015 regular meeting, the Land Conservation and Stewardship Board unanimously voted to
recommend adoption of the Ordinance on a Reciprocal Access Easement to provide maintenance and
emergency access to Topminnow Natural Area and to the Roselles. (Attachment 2)
ATTACHMENTS
1. Location map (PDF)
2. Land Conservation & Stewardship Board minutes, September 9, 2015 (PDF)
-1-
ORDINANCE NO. 076, 2016
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF AN ACCESS EASEMENT
ON TOPMINNOW NATURAL AREA TO JEROME B. AND DARLA J. ROSELLE
IN EXCHANGE FOR THE VACATION OF AN EXISTING ACCESS EASEMENT
WHEREAS, the City is the owner of a parcel of property in Larimer County, Colorado
known as Topminnow Natural Area, and more particularly described as Lot 2, Amended Plat of
Roselle-Shields Minor Land Division No. 99-S1466 (the “City Property”); and
WHEREAS, Jerome B. and Darla J. Roselle (the “Roselles”) own a parcel of land
adjacent to and south of the City Property described as Lot 1, Amended Plat of Roselle-Shields
Minor Land Division No. 99-S1466 (the “Roselle Property”); and
WHEREAS, the Roselles have agreed to sell to the City a portion of the Roselle Property
totaling approximately five acres (the “Purchase Parcel”) that, through another amendment to the
plat of the Roselle-Shields Minor Land Division, would become part of the City Property; and
WHEREAS, the City Property and the Purchase Parcel are both bounded on the west by
the Fossil Creek Inlet Ditch (the “Ditch”), which is owned, maintained and operated by North
Poudre Irrigation Company (“NPIC”) within non-exclusive easements that NPIC acquired from
predecessors in interest of the City and the Roselles (the “Ditch Easements”); and
WHEREAS, the Roselle Property is bisected by the Ditch, and the Roselles currently
have access to the portion of their property that is on the east side of the Ditch via an existing
thirty-foot wide easement on the east side of the City Property (the “Existing Easement”); and
WHEREAS, the Roselles wish to retain access to the portion of their property that is on
the east side of the Ditch, and Natural Areas staff would prefer that such access be along the
existing NPIC ditch road (the “Ditch Road”) so that the Roselles’ existing access easement could
be vacated; and
WHEREAS, Natural Areas would like an easement across the remaining portion of the
Roselle Property that is on the east side of the Ditch as an alternative access route to the City
Property; and
WHEREAS, the City, the Roselles and NPIC have negotiated a reciprocal access
easement agreement whereby, upon closing on the Purchase Parcel, the City would grant the
Roselles an access easement over that portion of the Ditch Road that is located on the City
Property and the Purchase Parcel, and the Roselles would grant the City an access easement over
the portion of the Ditch Road that is located on the remaining Roselle Property; and
WHEREAS, the new easement would take the place of the Existing Easement, which the
Roselles would terminate; and
-2-
WHEREAS, the location of the proposed shared access easement is indicated on Exhibit
“A”, attached and incorporated herein by this reference (the “Access Easement”); and
WHEREAS, NPIC has consented to the conveyance of the Access Easement and the
parties’ use of the Ditch Road so long as it does not interfere with NPIC’s use of the Ditch
Easements or Ditch Road; and
WHEREAS, as additional consideration for NPIC’s consent to this use of the Ditch Road
the City is agreeing to assume responsibility for weed control within the portion of the Access
Easement located on the City Property; and
WHEREAS, a draft of the proposed Reciprocal Access Easement Deed and Agreement is
attached and incorporated herein as Exhibit “B” (the “Easement Agreement”); and
WHEREAS, because the Access Easement will replace the Existing Easement the
Roselles own on the City Property, the Access Easement is within the existing Ditch Easements
and will use existing improvements, and in consideration of the mutual purpose and benefit of
the Access Easement, City staff is recommending that the City not charge the Roselles any
additional consideration for the Access Easement; and
WHEREAS, at its regular meeting on September 9, 2015, the Land Conservation and
Stewardship Board voted to recommend approval of the conveyance of the Access Easement;
and
WHEREAS, Section 23-111(a) of the City Code authorizes the City Council to sell,
convey or otherwise dispose of any interest in real property owned by the City, provided that the
City Council first finds, by ordinance, that such sale or other disposition is in the best interests of
the City.
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
Access Easement to the Roselles as provided herein is in the best interests of the City.
Section 3. That the Mayor is hereby authorized to execute the Easement Agreement
in substantially the form attached as Exhibit “B”, in exchange for vacation of the Existing
Easement and otherwise consistent with the terms of this Ordinance, 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 the Access Easement provided that
such changes do not materially increase the size or change the character of the interests to be
conveyed.
-3-
Introduced, considered favorably on first reading, and ordered published this 7th day of
June, A.D. 2016, and to be presented for final passage on the 21st day of June, A.D. 2016.
__________________________________
Mayor Pro Tem
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 21st day of June, A.D. 2016.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
LOT 2
54.032 ACRES
LOT 1
5.766 ACRES
LEGEND
KING SURVEYORS
650 E. Garden Drive | Windsor, Colorado 80550
phone: (970) 686-5011 | email: info@KingSurveyors.com
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EXHIBIT A
DRAFT 6-7-16
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RECIPROCAL ACCESS EASEMENT DEED AND AGREEMENT
THIS RECIPROCAL ACCESS EASEMENT DEED AND AGREEMENT
(“Agreement”) is made and entered into this ________ day of ______________, 2016 (the
“Effective Date”), by and between THE CITY OF FORT COLLINS, COLORADO, a
municipal corporation, (“City”), whose address is P.O. Box 580, Fort Collins, Colorado 80522,
JEROME B. ROSELLE AND DARLA J. ROSELLE (the “Roselles”) whose address is 3314
Grand Canyon Court, Fort Collins, CO 80525 and the NORTH POUDRE IRRIGATION
COMPANY (“NPIC”), whose address is 3729 Cleveland Ave, Wellington, CO 80549 .
1. City’s Property. City is the owner of that certain parcel of real property located in
Larimer County, Colorado, which is legally described on Exhibit A, consisting of one (1) page,
attached to and made a part of this Agreement (“City Property”).
2. Roselles’ Property. The Roselles are the owners of that certain parcel of real property
located in Larimer County, Colorado, which is legally described on Exhibit B, consisting of one
(1) page, attached to and made a part of this Agreement (“Roselles’ Property”).
3. NPIC’s Property. NPIC is the owner of that certain ditch known as the Fossil Creek Inlet
Ditch, (the “Ditch”) depicted on Exhibit C. The Ditch runs along the western boundary of the
City property and bisects the Roselles’ Property. NPIC is also the owner of two non-exclusive
easements appurtenant to the Ditch, one recorded at Book 166, Page 342 dated March 29, 1902;
and one recorded at Reception Number 20070056665 dated May 23, 2007, both of which are
recorded in the records of the Larimer County Clerk and Recorder’s Office. (“NPIC Easements”)
Said easements owned by NPIC are for the use, operation, maintenance and various other related
purposes attendant to the operation of the Ditch and also provide access to the Ditch for said
purposes along an existing two-track road referred to as the Fossil Creek Inlet Ditch road (the
“Ditch Road”). The Ditch Road is currently used and maintained by NPIC for access to the Ditch
for the purpose of operating, repairing and maintaining the Ditch. Such use includes, but is not
limited to, mowing, removal of obstructions, cleaning the Ditch and Ditch banks, grading, and
maintaining road base, and construction, operation and maintenance of ditch structures and
facilities. NPIC’s use of the NPIC Easements and Ditch Road shall not be affected, impeded or
restricted by this Agreement, and all use of the Easement granted in Paragraph 4 herein between
the City and Roselles as set forth in Exhibit “D” is subject to the NPIC Easements and Ditch
Road.
4. Grant of Easement – Consideration. For and in consideration of the covenants and
agreements herein set forth, the sum of Ten Dollars ($10.00), and other good and valuable
consideration, the receipt and adequacy of which the parties acknowledge, the City and Roselles
each hereby grant, sell and convey to each other and their respective successors, heirs and
assigns, and NPIC hereby consents to the use of, a 20-foot-wide perpetual, non-exclusive shared
access easement (the “Easement”) on, over, under and across their respective Properties in the
locations shown and described more fully on Exhibit D, consisting of two (2) pages, attached to
and made a part of this Agreement (the “Easement Area”), subject to the conditions and
restrictions set forth below.
EXHIBIT B
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5. Purpose and Uses of Easement.
(a) The parties acknowledge that the Easement overlies the Ditch Road, which has
been in place for many decades. The City and Roselles may use the Easement
solely for occasional vehicular access to maintain and inspect their respective
undeveloped properties, on, over, and across the Easement Area, in a manner so
as not to interfere with NPIC’s use of the NPIC Easements and Ditch Road. The
Easement may not be used for public access or recreational purposes. Use of the
Easement shall be restricted to the parties hereto, their employees, agents,
representatives, successors and assigns.
(b) City and Roselles agree not to install any structures, fences, gates, or
improvements, or plant or place trees, shrubs, or landscaping within or over the
Easement Area.
(c) The City and the Roselles acknowledge that NPIC’s use, operation, maintenance
and related activities on and within the Easement may inconvenience the Roselles
and the City and may temporarily interfere with any rights they otherwise have to
use the Easement.
(d) The City and the Roselles acknowledge that NPIC’s maintenance of the Ditch, the
Ditch Road and ancillary elements attendant to each may, at times, temporarily
preclude the City’s and Roselles’ use of the Easement. In the event NPIC plans
any routine maintenance activities which it knows in advance will preclude the
City’s and Roselle’s use of the Easement for any period in excess of twenty-four
(24) hours, NPIC shall provide the City and Roselles with as much advance notice
as practicable under the circumstances.
(e) The City and Roselles further understand and acknowledge that NPIC’s
operations, use and maintenance of the Ditch and Ditch Road may cause or result
in damage to the Easement and any improvements on the Easement. NPIC shall
not be responsible for any damage to improvements, if any, made upon the
Easement by City or Roselles.
6. Rights in Easement as between City and Roselles.
(a) City and Roselles each shall have the right to use the Easement Area for purposes
that will not interfere with the other party’s full enjoyment of the rights granted
herein, including but not limited to each party’s right to operate or allow others to
operate utility improvements on its own property within the Easement Area.
(c) City and Roselles shall not deposit or permit their employees, agents,
representatives, successors and assigns to deposit, earth, rubbish, debris, or any
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other substance or material, whether combustible or noncombustible, on the
Easement Area, other than vegetation acceptable to all parties.
7. Obligations Regarding Easement Area as between City and Roselles.
(a) All activities by the City and Roselles on the Easement Area, including access
across the Easement Area, must be carried out in a manner reasonably expected to
minimize disturbance to the natural features of each party’s respective property,
any improvements thereon, and such party’s intended purposes therefor.
(b) The City and Roselles acknowledge that the Easement granted herein pursuant to
Paragraph 4, above, is subject to all prior liens, encumbrances, easements,
restrictions, reservations and rights of way affecting the City’s and Roselle’s
respective properties.
8. Maintenance
(a) The City and the Roselles understand that NPIC has no duty or obligation to
maintain the Ditch Road but that NPIC may maintain the Ditch Road at its sole
discretion for its own needs and purposes. Although they benefit from NPIC’s
maintenance of the Ditch Road, the City and Roselles shall have no right to make
any claim or demand of or against NPIC regarding maintenance, repairs, upkeep,
funding or reimbursement of any type regarding the Ditch Road, except as
expressly provided for herein.
(b) As consideration for NPIC’s consent to this Easement, the City agrees to assume
responsibility for weed control within the portion of the Easement Area located on
the City Property. The City will manage and control weeds in that portion of the
Easement Area in the same manner and to the same extent as it does on the City
Property, or as otherwise reasonably necessary to permit the City, Roselles and
NPIC to access, use, operate and maintain the Ditch Road.
(c) Should either the Roselles or the City desire to perform any maintenance or repair
upon the Ditch Road other than the weed control described in subsection (b)
above, they shall have the rights to do so, provided that NPIC first approves the
work. NPIC shall be provided written notification of the proposed maintenance
or repairs at least fourteen (14) days prior to commencement of any proposed
maintenance or repair, including the proposed cost and plan of the proposed
maintenance or repair, a time schedule for performance, the name address and
phone number for any contractor retained for performance; and the current name,
address and phone number of the party proposing the maintenance or repair.
Should NPIC fail to respond in writing to the proposal within fourteen (14) days
of receipt of the notice, NPIC shall be deemed to have approved the proposed
work. The party performing the maintenance or repair work shall provide the
other parties a copy of the paid invoice for approved work within thirty (30) days
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of completion of such maintenance and repair. However, should NPIC object to
the proposed work, the Roselles and the City agree to waive all rights to defend
against any Temporary Restraining Order, Preliminary Injunction, or other
temporary relief that NPIC may seek to enjoin any maintenance, improvements,
or time schedule that proceeds without NPIC’s approval.
(d) Except as otherwise provided herein, in the event one party’s use of or activities
over or within the Easement Area, causes damage to another party’s property or
the Easement Area, the responsible party shall make such repairs or take such
other action as may be necessary to restore the Easement Area or other property to
a condition comparable to its prior condition, including but not limited to the
reseeding and replanting of any disturbed areas in a manner reasonably
satisfactory to the other party, and shall provide ongoing maintenance of any
seeded or planted areas, correction of any subsidence, and restoration of any other
affected improvements or conditions until such time as any such repair and
restoration is fully established and stabilized. Neither NPIC nor the Roselles shall
undertake any repair or restoration work on the City Property without the City’s
prior review and approval of the plans for such work. Should City fail to respond
to a request for approval of such plans within fourteen (14) days of submittal, City
shall be deemed to have approved the plans
(e) The City and the Roselles agree to retain the existing gate along Horsetooth Road
and the existing fence that runs along the eastern bank of the Ditch Road. NPIC is
responsible for the maintenance of said fence and gate, will allow the City and
Roselles access through the gate, and will allow the City to add a lock to the gate.
9. Representations of the Parties. The City and Roselles each represent to the other that
they are the lawful owners in fee simple of their respective properties, and that each has good
and lawful right and authority to grant, sell and convey its portion of the Easement Area to the
other party.
10. Recordation. The City will record this Agreement in the records of the Larimer County
Clerk and Recorder and furnish evidence of such recording to the Roselles and NPIC. This
Agreement will not be valid until it is recorded.
11. Liability.
(a) By virtue of entering into this Agreement, NPIC assumes no liability for use,
operation, or existence of the Roselles’ and City’s future or additional activities in
the Easement Area.
(b) Each party is responsible for its own negligence and that of its officers, agents,
employees, guests, invitees, licensees, tenants, and representatives in its use of the
Easement Area or other activities on the other party’s property, including but not
limited to the construction, installation, operation, repair, and maintenance of
improvements within the Easement Area, and for any actions or omissions in
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violation of this Agreement. The City does not assume any responsibility or
liability for the actions of Roselles, and Roselles do not assume any responsibility
or liability for the actions of the City.
(c) The Roselles agree to release and indemnify the City and NPIC from any claims,
demands, damages or causes of action the Roselles, their agents, employees,
guests, invitees, licensees, tenants, or representatives, may have for injury or
damage to persons or property arising out of their (or their agents’, employees’,
guests’, invitees’, licensees’, tenants’ or representatives’) use or occupancy of or
activities within the Easement Area pursuant to this Agreement, unless caused by
the gross negligence or intentionally wrongful acts of any other party.
(d) The City shall provide NPIC with a certificate of general liability insurance
naming NPIC as an additional insured for claims, demands, damages or causes of
action arising out of the City’s use or occupancy of or activities within the
Easement Area pursuant to this Agreement, unless caused by the gross negligence
or intentionally wrongful acts of any other party.
(e) To the extent provided for by law, should City’s or Roselle’s use of the Easement
Area impede or interrupt NPIC’s water supply or delivery in the Ditch for any
reason, the party causing such interruption shall be liable to pay to NPIC as
liquidated damages Ten Thousand Dollars ($10,000.00) per day for any day that
NPIC has a request for water and cannot deliver water as a result of such party’s
activity within or use of the Easement Area.
12. Notices. Any notice or other communication relating to this Agreement must be given by
one party to the other at its respective address or facsimile number as set forth below by
facsimile, hand delivery, commercial carrier; or U.S. mail. The notice or other communication
will be effective on the date it is delivered or on the third business day after being sent,
whichever comes first.
If to the Roselles: If to City:
3314 Grand Canyon Ct. Real Estate Services Manager
Fort Collins, CO 80525 City of Fort Collins
Fax: Mailing Address:
P.O. Box 580
If to NPIC: Fort Collins, CO 80522-0580
North Poudre Irrigation Company Hand Delivery:
Attn: Scott Hummer 117 North Mason St.
Mailing Address: Fort Collins, CO 80524
P.O. Box 100 Fax:
Wellington, CO 80549
Hand Delivery: With a copy to:
3729 Cleveland Ave City Attorney’s Office
Wellington, CO 80549 City of Fort Collins
Fax: (970) 221-4569
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Mailing Address:
With a copy to: P.O. Box 580
Chrysten Hinze, Esq. Fort Collins, CO 80522-0580
c/o Lind, Ottenhoff & Root, LLP Hand Delivery:
355 Eastman Park Dr. #200 300 LaPorte Avenue
Windsor, CO 80550 Fort Collins, CO 80521
Fax: (970) 675-9535 Fax:
13. Default and Litigation Expenses. If a party to this Agreement is in default in
performance of its respective obligations hereunder, the other party has the right to an action for
specific performance or damages or both. Prior to proceeding with any such action, the party not
in default must first send written notice to the defaulting party specifying the default and
affording such party a reasonable period to cure the default. In the event a party defaults in any
of its covenants or obligations and the party not in default commences and prevails in any legal
or equitable action against the defaulting party, the defaulting party expressly agrees to pay all
reasonable expenses of the litigation, including a reasonable sum for attorneys' fees or similar
costs of legal representation.
14. Assignment. The Easement shall be appurtenant to and run with the City Property and
the Roselle Property. Neither the City nor Roselles may assign their rights in this Easement to a
third party without the prior consent of the other parties to this Agreement, which shall not be
unreasonably delayed or withheld.
15. Obligations Subject to Appropriation. Obligations of the City under this Agreement to be
performed in subsequent fiscal years are subject to the annual appropriation of funds sufficient
and intended for such purpose by the Fort Collins City Council in its sole discretion.
16. Additional Terms and Conditions.
(a) The parties acknowledge that the circumstances underlying this Agreement are
unique, and neither this Agreement nor its underlying negotiations shall be
deemed a precedent for any future expansion of this Agreement or other property
owners encumbered by an easement owned by NPIC.
(b) Whenever used herein, the singular number includes the plural, the plural the
singular; and the use of any gender is applicable to all genders.
(c) All of the covenants herein contained are binding upon and inure to the benefit of
the parties hereto, their personal representatives, successors and assigns.
(d) The parties intend and agree that this Agreement is to be construed and enforced
according to the laws of Colorado, that venue in any proceeding related to the
subject matter of this Agreement will be in Larimer County, Colorado, and that
this Agreement is binding upon the parties hereto, their trustees, heirs, personal
representatives, successors and assigns.
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(e) The waiver by any party to this Agreement of a breach or any term or provision of
this Agreement shall not operate or be construed as a waiver of any subsequent
breach or claim by any party.
(f) This Agreement may be executed separately by each Party and counterparts or copies,
and when each Party has executed a copy thereof, such copies taken together shall be
deemed to the full and complete contract between the Parties.
(g) All exhibits referred to in this Agreement are, by reference, incorporated in this
Agreement for all purposes.
(h) This Agreement and the Exhibits hereto constitute the final and complete
expression of the Parties’ agreements with respect to this Agreement. Each Party
agrees that it has not relied upon or regarded as binding any prior agreements,
negotiations, representations or understandings, whether oral or written, except as
expressly set forth herein. This Agreement and the Exhibits hereto shall not be
modified except by written agreement of the parties.
(i) If any clause or provision of this Agreement shall be held invalid or
unenforceable, the remainder of this Agreement shall not be affected thereby.
IN WITNESS WHEREOF, the Roselles and NPIC have hereunder set their hands and seals the
day and year first above written; and the City has caused this Easement Deed and Agreement to
be executed by its Mayor, attested to by its City Clerk, and its corporate seal to be hereunto
affixed, all pursuant to Ordinance No. xxxxxx, 2016, passed on final reading by the City Council
of the City of Fort Collins on the xxxxx day of xxxxxxxxxx, 2016.
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CITY:
THE CITY OF FORT COLLINS, COLORADO
a Municipal Corporation
Date: ______________________ By: ______________________________________
Wade O. Troxell, Mayor
ATTEST:
___________________________
City Clerk
APPROVED AS TO FORM:
___________________________
Assistant City Attorney
STATE OF COLORADO )
) ss
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this ______ day of ___________
2016, by Wade O. Troxell as Mayor and ____________________as City Clerk of the City of
Fort Collins.
Witness my hand and official seal.
My Commission expires: ______________
________________________________
Notary Public
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THE ROSELLES:
Date: ______________________ By: ___________________________________
Jerome B. Roselle
Date: ______________________ By: ____________________________________
Darla J. Roselle
STATE OF COLORADO )
) ss
COUNTY OF ____________ )
The foregoing instrument was acknowledged before me this _________ day of
__________________ 2016, by Jerome B. Roselle and Darla J. Roselle.
Witness my hand and official seal.
My Commission expires: ______________
______________________________________
Notary Public
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NPIC:
North Poudre Irrigation Company
Date: _________________________ By: __________________________________
Name: Scott Hummer
Title: General Manager
STATE OF COLORADO )
) ss
COUNTY OF ____________ )
The foregoing instrument was acknowledged before me this __________ day of
__________________ 2016, by Scott Hummer as General Manager for the North Poudre
Irrigation Company.
Witness my hand and official seal.
My Commission expires: _______________
__________________________________________
Notary Public
DRAFT 6-7-16
11
EXHIBIT A
Description of City Property
Parcel Numbers:
Legal Description:
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EXHIBIT B
Description of the Roselles’ Property
Parcel Number:
Legal Description:
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EXHIBIT C
Depiction of the Fossil Creek Inlet Ditch
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EXHIBIT D
The Easement Area