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Home My WebLink AboutRAINTREE COMMERCIAL PUD PHASE II - Filed OA-OTHER AGREEMENTS - 2009-03-12M M GUARANTY SERVICE CORPORATION, a Texas corporation, does hereby agree to complete and execute all necessary documentation as Owner of the Raintree Commercial P.U.D., Phase 2, by May 24, 1985. It is understood that failure to do so will void any approval that may have been given by the Planning and Zoning Board and reapproval will require the full resubmittal and rereview by the Board. GUARANTY SERVICE CORPORATION, a Texas corporation lL 4Cant—eey, Sam B. Execu ve Vice -President (Corporate Seal) EASEMENT AGREEMENT THIS AGREEMENT, made and entered into this aJ� I►► 196Cn, by and between City of Fort Cobins, Collorado, party ofday of 4-kM44he first part, and Raintree Associates WITNESSETH: , party of the second part, That for and in consideration of the covenants and agreements herein and the sum of $2150.00 and other good and valuable consideration in hand paid by second party to first party, receipt of which is hereby acknowledged, first party has granted and conveyed, and by these presents does grant a permanent, non-exclusive easement for the installation, inspection, maintenance, replacement or removal of a buried storm drainage line in and upon land situate in the County of Larimer, State of Colorado, being described as follows, to -wit: See Attached Exhibits "A" & "B" As part of the consideration hereof, and by acceptance of this grant of right of way, said second party agrees as follows: 1. That said permanent easement shall not exceed 20 feet in width over and across the above described property, except that the party of the first part does hereby grant to the party of the second part a temporary easement as described in Exhibits A and B for purposes of construction of said storm drainage line. 2. All trenches and excavations made in the laying or repairing of such pipeline shall be properly backfilled and the original surface soil shall be placed on top. All gravel, stones and clods will be removed from the finished backfill. The second party will finish the backfill after normal settling of the soil #so that the use and enjoyment of said land by first party shall be suitable for the purpose now used. The entire area that is disturbed by the construction shall be reseeded by the second party in accordance with the City of Fort Collins Storm Drainage Design Criteria and Construction Standards. The second party will maintain the trench area O and buried water pipeline and be wholly responsible for all damages/,t�egrloPert_y or personal, which may be caused by the installation, reinstallation maintenance and use of said storm drainage pipeline. Both parties hereto agree that all storm drainage pipelines or other, facilities constructed or installed at second party's expense upon property owned by first party shall remain the property of second party and shall be removable at the option of second party upon approval of the Storm Drainage Utility of the City of Fort Collins, and the Parks and Recreation Department Of the said City. Any such removal shall include complete restoration of the property in a manner acceptable to the Parks and Recreation Department. First party does hereby covenant with second party that first party is i lawfully seized and possessed of the real property described, that first party has a good and lawful right to convey said property or any part thereof. Whenever used herein the singular shall include the plural, the plural shall include the singular, and the use of any gender shall be applicable to all genders. All of the covenants herein shall be binding upon the respective heirs, personal representatives, successors or assigns of the parties hereto. IN WITNESS WHEREOF, the parties hereto and affixed their corporate seals, the day APPRO D AS TOO�A" FORM: City Attorney erector Par& and Recreation Department STATE OF COLORADO have set their hands and seals and year first above .written. City of Fort Collins Party of the 'rst Part ay r AW'L�� ,. City Clerk ss. COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this 4th day of March 19 86 , by IKeTT.y Ohlson as Mayor Witness my hand and off vial seal. My commission expires h1j uoinlliissioa txpuas October 29, 1989 Notary Pub 1C 30 6 6 r, f0- C, ��- Mom- / Raintree Associates Party of the Second Part By: Drake -Shields Limited Partnership ou g s sem i c r a e, General Partne r ATTEST: . � - 01 ahram Yeganegi, Secretary STATE OF COLORADO COUNTY OF LARIMER ss. The foregoing instrument was Of February , 19 86 , by Witness my hand and official My commission expires: By��lty'BWo-:& r�nevhip En er rises an E,.ing, Pa onaid G. Frank, Partner By: Aryan Land Corporation, Corporation and Development a Colorado Mike Mirshab, President (Corporate Seal) By. Z* adeh acknowledged before me this 24th day DAN E. KING, Partner and RONALD G. FRANK,-Fa-rtner. of,' seal. March 3, 1989 REALTY BROKERS ENTERPRISES, a Co -Partnership as Partner and by.MIKE K. MIRSHAB, President NotaAryPuLbli and JANICE I. MIRSHAB, Assistant Secretary of ARYAN LAND AND DEVELOPMENT CORPORATION, a Colorado SM9& W& L Hmaswo no& Corporation as Partner and by ABOULGHASSEM ZIRAKZADEH % t00MW C" as General Partner of DRAKE -SHIELDS LIMITED PARTNERSHIP as Partner and by A. ZIRAKZADEH as Partner and by REFUGIO F. ZIRAKZADEH as Partner all of RAINTREE ASSOCIATES. EXFIIBIT A r 1od/BIT FOR PERMANENT DRAINAGE EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT IN ROSS OPEN SPACE, CITY OF FORT COLLINS, / LARIMER COUNTY, COLORADO / =6• 50 0 50 100 scale 1-=50' feet LEGEND --- _ — LIMITS OF 20' PERMANENT DRAINAGE EASEMENT LIMITS OF TEMPORARY 0 / h /y CONSTRUCTION EASEMENT / �0• Is�'e st , 1 Ib I \I O I Oi o, O d I d a h � q rF I A I I /9pssOs+4Wsp�c 9�pp N6400649`W I , - Ste` °p✓96 !J / V b 0 POINT OF BEGINNING ,.� �� ►, REFERENCE LINE o y !04040'00'r /l0.00 SHEET 1 OF 2 SHEETS TARANTO, STANTON 0 TAGOE Consulllnq Enpineers .REFERENCE LINE POINT OF BEGINNING TEMPORARY CONSTRUCTION EASEMENT � t >•t ° I1,00' I' "r 00 t7°tl'so'N' t/*./t NE CORNER ROSS OPEN SPACE 41o6 * io - gj9 - oo z EXHIBIT B LEGAL DESCRIPTION - Temporary Construction Easement and 20' Permanent Drainage Easement A strip of land in Ross Open Space, according to the recorded plat thereof, City of Fort Collins, Larimer County, Colorado being described as follows: A 20 foot wide permanent drainage easement lying 10 feet North of and 10 feet South of the followiny described reference line: Commencing at the Northeast corner of said Ross Open Space, with all bearings contained herein relative to said plat of Ross Open Space; thence Southerly along the Easterly line of said Ross Open Space South 57038'50" West, 219.19 feet; thence South 73°42'00" West, 227.00 feet; thence South 54°40'00" West, 120.00 feet; thence South 22°05'00" West, 1.25 feet to the POINT OF BEGINNING of said reference line; thence departing said Easterly line along said reference line North 64006'49" West, 29.35 feet; thence North 87°34'01" West, 209.06 feet; thence North 71°17'27" West, 301.30 feet to the point of terminus of this description, together with the following described temporary construction easement: A portion of Ross Open Space, according to the recorded plat thereof, City of Fort Collins, Larimer County, Colorado being described as follows: Commencing at the Northeast corner of said Ross Open Space with all bearings contained herein relative to said plat of Ross Open Space; thence Southerly along the Easterly line of said Ross Open Space South 51038'50" West, 219.19 feet; thence South 73°42'00" West 227.00 feet; thence South 54°40100" West, 92.90 feet to the POINT OF BEGINNING of this description; thence South 54°40'00" West, 27.10 feet; thence South 22005'00" West, 98.00 feet; thence departing said Easterly line South 87°28'28" West, 194.07 feet; thence North 32031'32" West, 138.86 feet; thence North 71017'27" West, 251.25 feet; thence North 18042'33" East, 50.00 feet; thence South 71017'27" East, 312.73 feet; thence South 87°34'01" East, 210.68 feet; thence South 64006'49" East, 47.51 feet to the point of beginning of this description. The above described permanent drainage easement contains 0.248 acres, more or less and the above described temporary construction easement contains 1.128 acres, more or less. SURVEYOR'S CERTIFICATE I, PATRICK F. MANAHAN, do hereby certify that this plat and legal description were prepared by me or under my direct supervision and are true and correct to the best of my knowledge. 4e- 4 a to . r T 4 �—t. Professional Land Survey Colorado Registration Number 23896 TARANTO, STANTON i TAOOE Lai Consulting Engineers SHEET 2 OF 2 SHEETS dab '01 /D - sfe'7 - DO e