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HomeMy WebLinkAboutCSU PARKING STRUCTURE UTILITY EASEMENT AGREEMENT - Filed OA-OTHER AGREEMENTS - 2010-12-30Non -Exclusive Utility Easement Agreement This NQt-Exclusive tility Eas ment Agreement ("Agreement") is made and entered into this !day of , 2010 (the "Effective Date"), by and between THE BOARD OF OVERNORS OF THE COLORADO STATE UNIVERSITY SYSTEM, acting by and through COLORADO STATE UNIVERSITY ("Grantor"), and THE CITY OF FORT COLLINS, COLORADO, a municipal corporation ("Grantee"). 1. Grantor's Property. Grantor is the owner of that certain parcel of real property located in Larimer County, Colorado, which is legally described as Lot 9, Replat of A.L. Emigh's Subdivision (the "Property"). 2. _Grant of Non -Exclusive Utility Easements -- Consideration and Description. 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 Grantor acknowledges, the parties hereto agree to the terms and provisions herein. The Grantor grants, sells and conveys to the Grantee, its successors and assigns, two perpetual, non-exclusive utility easements (the "Centre Avenue Easement" and the "Prospect Easement") on, over, under and across the Property as described more fully on Exhibit "A," consisting of 5 pages, attached to and made a part of this Agreement, subject to the conditions and restrictions set forth below. 3. Purpose and Uses of Easements. During the term of this Agreement and subject to all provisions herein, Grantee may use the Easements to install, operate, maintain, repair, reconstruct, replace, inspect and remove, at any time and from time to time, stormwater and other utility improvements (the "Improvements'), and for access to the .Improvements, on, over, under and across the Easements. 4. Additional Rights of Grantee. Grantor further grants to the Grantee: (a) the right of ingress to and egress from the Easements over and across the Property by means of any established roads and lanes thereon; and (b) the right from time to time to enlarge, improve, reconstruct, and replace the Improvements constructed hereunder with other public improvements generally consistent with the intended purposes of the Easements; (c) the right to mark the location of the Easements by suitable markers set in the ground. 5. Grantor's Rights in Easement Areas. Grantor reserves all rights (including mineral rights) in the land described, and the right to occupy and use it for all purposes not inconsistent with the rights granted herein to the Grantee, and which will not interfere with the Grantee's Improvements or the use thereof without Grantee's consent. Grantee acknowledges the Grantor has installed improvements, including a bioswale, decorative wall, trees and shrubs, within the Easement areas (collectively, the "Grantor Landscape Improvements"). Grantor has also installed a sidewalk and garage access drives along Centre Avenue and Prospect Road as depicted on Exhibit "A". RECEPTION##: 20100078862, 12/10/2010 at 03:38:54 PM, 1 OF 11, R $61.00 TD Pgs: 0 Scott Doyle, Larimer County, CO EXHIBIT "A" Page 4 of 5 I LAI(E STREET I SV40Ya• x n r n�Q s .ro• X sII•ze'>rt" E 20.08' x4.nd 40, s„ I THIS PJWIBITDOES NOT REPRESENT ! AMONUMENTEDSURVEY. (TI5ONLY • INTENDED TO DEPICT THE ATTACFED .. DESCRIPTION ti ! b � r-NAo'00'00"6 7.-W m bt N d o o o sD' en 1aa Q BLOCK 9 9 A L Emlgh's Subdivision S za s 6i UTILITY EASEMENT �` dh 0.343AC. 13,837.21 SQFT. f POINTOF/ ' BEQFNNINIQ 04T OF COMMENCEMENT / 3 s 4f.DG'u -Er Ua• !!9'44W"W 28.00' 4 895! YY S 1� e?0'fi4 m- jr 3 7Af,,LG' (•,.,Q 0.7`fit'00" E ay.06' 23.O41 S s �• cwBlrx SEC K TRL +:SOY! ,3 6U 64'x7 S [Ss sa' y= catr�rx r raJtla p AFeAa d7 A z t Y aUggOJM uI.T t.S_ Muni ur. G —aE t'�isYA 09 PAlIGE 6B1L PROSPECT WAD SL 1JJ4 M'. 14. YK 3,ww rook* 7' AU14o W anP-. LO• 17407 is IMRCE Wc(, (AI —AM D BASS or kiEAmxo) P $ DMWhV 0630 0IN .: 133.03718,08MI TETRA TECH ft3 et FASEMENr By: ar �? waw.rNm1.`�,oam WIBTTA +w�asuunauul,a..t-r I.oaww&Cdom&local PIMfIl:"7l2.52W CSU PARKING STRUCTURE Pigep 4 of 5 `� rA7E(dpgj7MM" Capyllght TetrBTeclt EXHIBIT "A" 6. Maintenance of the Easement Areas. As a condition of continued use of the Easements, Grantee shall properly maintain the Improvements installed by the Grantee in connection with this Agreement. The Grantor may, after written notice to Grantee, so maintain such Improvements at Grantee's costs upon any failure by Grantee to properly maintain as required hereunder. In addition, Grantor shall maintain the surface of the Easements in a sanitary condition in compliance with any applicable weed, nuisance or other legal requirement, and shall not deposit, or permit to be deposited, significant rubbish, debris, or any other substance or material on the Easements, other than the Grantor Landscape Improvements described in paragraph 5 herein. 7. Environment and Character of Land. Any work or activity undertaken by Grantee in connection with this Agreement shall be so planned, designed and carried out as to interfere as little as reasonably possible with the character, appearance, and potential development of the nearby land and the surrounding environment, including its aesthetic character. 8. Drawings and Specifications. Drawings and specifications for major repair work contemplated in this Agreement shall be submitted to the Grantor or its representative for approval prior to commencement of any work. Such review and approval shall be for the purpose of determining whether or not the proposed improvements are consistent with the rights granted in this Agreement, and any approval by the Grantor shall not be construed as expanding such rights, or as an approval of the technical merits or adequacy of the Improvements. The Grantee shall be solely responsible for performing the work or construction in accordance with the rights granted herein and for any liability arising from the performance of such work. 9. Consent for Work. Except in cases of emergency and for routine inspection, Grantee shall obtain the prior consent of the Grantor or its representative before undertaking any work or activity within the Easements. Such consent shall not be unreasonably withheld. lb. Costs. Except as described in paragraph 11 below, all costs incurred in connection with any work, construction, restoration, or maintenance of Grantee's Improvements shall be borne entirely by the Grantee. 11. Restoration. After completion of any work undertaken in connection with this Agreement (whether the work involves original construction or later repair, replacement, maintenance or demolition), Grantee shall restore the land and any improvements thereon substantially to the condition immediately prior to such work. Notwithstanding the foregoing, in the event that Grantee needs to remove any or all of the Grantor Landscape Improvements to perform repairs or maintenance on the Easements, Grantee shall not be responsible for any costs incurred for the removal, storage, restoration or replacement of the Grantor Landscape Improvements. In the event that Grantee needs Grantor Landscape Improvements removed to perform non -emergency repairs or maintenance, Grantee shall notify Grantor and allow Grantor a reasonable period of time to remove the Grantor Landscape Improvements. 12. Compliance with Rules and Regulations. Grantee shall comply with all reasonable rules and regulations regarding the use of the Easements which have been or may be adopted and published by Grantor, to the extent such compliance does not unreasonably interfere with Grantee's use of the Easements as contemplated in this Agreement. Page 2 of 6 13. Continuous Use Riaht of Entry for Conditions Broken. This Agreement is conditional on Grantee's continuous use of the Easements for the purposes described herein, and if the Grantee ever decides to permanently abandon the Easements, the Grantee agrees to take the necessary steps pursuant to the City Code and administrative policies to properly vacate the Easements. If Grantee fails to do so„ Grantor shall have the right to re-enter the said premises and terminate this Agreement by bringing an action of ejectment or an equivalent action after having given notice of Grantor's election to so terminate in the manner specified in this Agreement. If Grantee chooses to abandon and vacate only one of the Easements for the described purpose, the parties agree to amend this Agreement to delete such Easement. 14. Sale, Lease or Other Easement. Grantor may grant other easements within the Easements, so long as Grantee's use of the Easements is not unreasonably impaired. Grantee shall not grant any easements within or other rights to use the Easements to any others. 15. Rijzht to Relocate. Grantor reserves the right to relocate the Easements and any Improvements constructed by Grantee hereunder, so long as such relocation does not adversely impact the purpose of the Easements and the performance of said Improvements. Grantor shall notify Grantee of any plans to relocate the Easements and provide a reasonable opportunity for Grantee to submit comments to Grantor. 16. Prior Easements. The Easements are granted subject to all easements, rights -of -way, and other matters of record, and those previously granted and now in force and effect. Grantor makes no warranties or representations as to matters of title. 17. Additional Use or Equi went Use of the Easements for any purpose not specified herein shall require prior amendment of this Agreement, executed in the same manner as this Agreement. 18. Non -Assignability. This Agreement is not assignable by the Grantee without the Grantor's prior written consent. 19. Successors. Subject to the limitations on assignment set forth herein, this Agreement shall be binding on the parties' legal successors. 20. No Third Party Beneficiary. It is expressly understood and agreed that the enforcement and conditions of this Agreement and all rights contained herein relating to its enforcement, shall be strictly reserved to the Grantee and the Grantor. Nothing contained in this Agreement shall give or allow any claim or right of action whatsoever by any third person or entity. It is the express intention of the Grantor and the Grantee that any such person or entity, other than the Grantor or the Grantee, receiving services or benefits under this Agreement shall be deemed an incidental beneficiary only. 21. Sovereign Immunity. Notwithstanding any other provision of this Agreement, no term or condition of this Agreement shall be construed or interpreted as a waiver, .express or implied, of any of the immunities, rights, benefits, protection, or other provisions of the Colorado Governmental Immunity Act, Section 24-10-101, g "se ., C.R.S., as now or hereafter amended. The parties understand and agree that liability for claims for injuries to persons or property Page 3 of 6 arising out of negligence of the Grantor or Grantee, its departments, agents, officials and employees is controlled and limited by the provisions of Section 24-10-101, e"se ., C.R.S. as now or hereafter amended, and the risk management statutes, Section 24-30-1501, et seq., C.R.S. as now or here after amended. 22. Severability. Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this Agreement to the extent that the agreement of the parties is capable of execution. 23. Notices. All notices required to be given under this Agreement shall be deemed given when personally delivered, or when deposited in the United States mail, postage prepaid, certified mail, return receipt requested, addressed to the party for whom it is intended at the following addresses: CSU: CSU-Real Estate Office 601 S. Howes Street Suite 200, University Services Colorado State University Fort Collins, CO 80523-0009 With Copy to: Office of General Counsel 01 Administration Building Colorado State University Fort Collins, CO 80523-0006 City of Fort Collins: Real Estate Services Manager City of Fort Collins P.O. Box 580 Fort Collins, CO 80522-0580 With a Copy to: City Attorney's Office P.O. Box 580 Fort Collins, CO 80522-0580 24. Additional Terms and Conditions. Whenever used herein, the singular number includes the plural, the plural the singular; and the use of any gender is applicable to all genders. All of the covenants herein contained are binding upon and inure to the benefit of the parties hereto, their personal representatives, successors and assigns. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first written above. GRANTOR: THE BOARD OF GOVERNORS OF THE COLORADO STATE UNIVERSITY SYSTEM, acting by and through COLORADO STATE UNIVERSITY By: L5s , Amy . arsons Vice resident for University Operations Page 4 of 6 Approved: By: Y--.C'"'t/ 4ea�nMChhristman Associate Legal Counsel Office of the General Counsel STATE OF COLORADO ) ) ss COUNTY OF LARIMER ) 1 The foregoing instrument was acknowledged before me this day of fit/ a V Eft 3 4i--� , 2010, by Amy L. Parsons, Vice President for University Operations, Colorado State University. Witness my hand and official seal. ERIKA F3C?RGES NOTARY PUBLIC My Commission expires: Iv'�d Jc j t I STATE OF CO ORA©O My Comm c ,ir , 1::v-'!!,; . 1 U!22f2011 Ica- �3,. � Notary Public Page 5 of 6 Date: 'L r ( 6 ATTEST: �pR %SC ""Nt' S k City Clerk/Chr APPROKED AS TO%�� Assistant City Attorney STATE OF COLORADO ) ) ss COUNTY OF LARIMER ) GRANTEE: THE CITY OF FORT COLLINS, COLORADO a Municipal Corporation By: ��� N - )�" Darin A. Atteberry, City anager The foregoing instrument was acknowledged before me this a— day Of A)A , 2010, by Darin A. Atteberry as City Manager and ^-La SL(-Kis as � rk of�e City of Fort Collins. Witness my hand and official seal. My Commission expires: 7-- rb -0 PGON2.1C�A �F •NOTARY ' Notary Public N:. PUBLIC 0 Page 6 of 6 EXHIBIT "A" Page 1 of 5 TETRA TECH, INC. 21 FOOT UTILITY EASEMENT ("PROSPECT EASEMENT") LEGAL Cg$CRIPTION A 21 FOOT UTILITY EASEMENT OF A PORTION OF BLOCK 9, A. L. EMIGH'S SUBDIVISION, SITUATE IN THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 8TH P.M., COUNTY OF LARIMER, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: i THE SOUTHERLY 21.W FEET OF A PORTION OF BLOCK 9, A. L. EMIGH'S SUBDIVISION AND EXCEPT THAT PARCEL DESCRIBED IN BOOK 171 PAGE 452, AND BOOK 1143 PAGE 690. THUS DESCRIBED UTILITY EASEMENT CONTAINS 0.109 ACRES, MORE OR LESS. ��di2 DATE: 5-15-2009 DAVID W. CRANFIELD, `QRADO P. 29412 FOR AND ON BEHALF �;fRA.Tr3c .i(S 05/15M BKT P:1133 03716 08001 CSU Parking StructurelSupportDocsILEGAD21 ��i l�t ���'COsosoi e D 3. .7D39 vw w tetracneh,com -r EXHIBIT "A" (.W. STREET IF 8 89426'?4.• JV s gs 5 ga� x 41.00 _ s G9• G'7_I ' y 2q.eu Ed.9E THIS EMBIT DOES NOT REPRI;SENTA MONUMNETED SURVEY, IT IS ONLY INTENDED TO DIPICT THE ATTACHED DESCRIPTION y BLOCK 9 A. L. Emlg'h's Subdivision ad L C)o 121 m h UTILITY EASEMENT 0.109 AC 4,730 SQFT Page 2 of 5 21.00` N69' S4' 27"W 226,78' 21.00' . / 43.18' d1.o0' �• g 5 8918 7.3" M a 8?'54 27- ,�' 11.3.31 Rr .� 0o'19'Do•• b 30.00• $6.o8' 7�.20' (/� COMER 1 S R9'fiA'89" E i'GSa'.80' M CORWR - 14. T'N. R89's ' FatWD 7r8 REBAF. W/ z PROSPECT i- ROAD a SEC. ra, r7N, RS9:V r'ouaD 's` ALvuravu CAP, 1�,^," ALtB.vRUY GP.P. l.a 5CUSN LW DP IkE. s=_ 1 /4 I7 7 IN HANf,'E BISX (ASSUMED B•AW 6- MAROC, L.S. 1707 of r34NGE BOX. DrAOM0 Daecdption Project No.: 133.03716.08001 TETRA TECH Defe: 09It2109 1 UTILITY EASEMENT DedgnedBr. ST wwehrrnredi.00m� EXHIeITA +inD B. eu�morseaeL 614. 7-F CSU PARKING STRUCTURE Lapmenl Ao!coal Calom page 2 Of 5 PND7E: iam T72-28Y FAX: (W33 M17MG, Copyright: Tetra Tech EXHIBIT "A" Page 3 of 5 TETRA TECH, INC. UTILITY EASEMENT ("CENTRE AVENUE EASEMENT") LEGAL DESCRIPTION A UTILITY EASEMENT WITHIN BLOCK 9, A. L. EMIGH'S SUBDIVISION, SITUATE IN.THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH P.M., COUNTY OF LARIMER, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 14, WHENCE THE SOUTHEAST CORNER OF SAID SECTION 14 BEARS SOUTH 8905427" EAST; THENCE ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 14 SOUTH 89054'27" EAST 781.20 FEET; THENCE LEAVING SAID SOUTH LINE NORTH 00019' 00" WEST 51.00 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF CENTER AVENUE AND THE POINT OF BEGINNING; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE NORTH 00019'00" WEST 507.00 FEET TO A POINT ON THE NORTH LINE OF SAID BLOCK 9; THENCE ALONG SAID NORTH LINE NORTH 89"26'24" EAST 40.8E FEET; THENCE LEAVING SAID NORTH LINE SOUTH 10'0811" WEST 122.81 FEET; THENCE NORTH 90000'00" EAST 7.40 FEET; THENCE SOUTH 00019w EAST 386.55 FEET; THENCE NORTH 89°54'27' WEST 26.00 FEET TO THE POINT OF BEGINNING. THUS DESCRIBED UTILITY EASEMENT CONTAINS 0.313 ACRES, MORE OR LESS. c3 41e.- C-3DATE; 6-107,2009 DAVID W. CRANFIELD,, 'ORADO 29412 FORANDONBEHALF O� LIRAA&r 06/10/09 BKT 1900 S. Sunset Street Suite 1-F Longmont C0 80501 W, 303-77IS282 Fax 303.777-7039 www.tevatech.com P:1133_03716 08001 CSU Parking StructurGISupportDocsTEGALIUTILITY EASI_MENT.doc