HomeMy WebLinkAboutHARMONY RIDGE FILING 2 - Filed OA-OTHER AGREEMENTS - 2005-08-04CS&D 12/30/04
GRANT OF EASEMENTS AND AGREEMENT
THIS GRANT OF EASEMENTS AND AGREEMENT is made and entered into this
day of Za-,, u 2005, by and between HARMONY RIDGE ESTATES
HOMEOWNERS AV IATIO , a Colorado non-profit corporation (the "Association") and
GLOBAL HOLDINGS OF COLORADO, LLC ("Global'), a Colorado limited liability
company.
RECITALS:
A. The Association is the owner of Tracts 1 and 7 as shown on Harmony Ridge
P.U.D. First Replat, dated March, 2003, County of Larimer, State of Colorado (the "Plat").
B. Global is the owner of the parcel of real property known as Harmony Ridge,
Filing 2, which is legally described on Exhibit "A" attached hereto and incorporated herein by
reference ("Filing 2 Land").
NOW, THEREFORE, in consideration of the mutual promises and covenants herein
contained and other good and valuable consideration, the receipt and adequacy of which are
hereby confessed and acknowledged, the parties hereto agree as follows:
1. Grant of Drainage Easement. The Association hereby declares, establishes and
grants to Global, its successors and assigns, a non-exclusive easement on, over, under and across
Tract 7 (the "Drainage Easement"), for the purpose of transporting surface and subsurface storm
water drainage from Filing 2 Land across Tract 7 to land known as the Cathy Fromme Prairie.
The Drainage Easement shall include the right of Global, its agents, successors and assigns, to
enter onto Tract 7 for the purposes of designing, constructing and maintaining swales, rip -raps,
pipes, upland enhancements, detention pond enlargement, and such other features (the "Drainage
Features") on Tract 7 as may be reasonably necessary to effect the safe and efficient flow of
storm water drainage from Filing 2 Land across the Drainage Easement, and to mitigate the
impact of the development of Filing 2 Land on the wetland area within Tract 7. Any such
design, construction. and maintenance shall be in compliance with the requirements of the City of
Fort Collins. The Drainage Easement shall cover the entire surface area of Tract 7, as shown on
the Plat. The Association, for its members, agents, guests and invitees, reserves the right to
utilize Tract 7 as open space as long as such utilization does not prevent, preclude, or obstruct in
any way the operation of the Drainage Easement for its intended purpose, the right of Global to
enter onto Tract 7 for the purposes set forth herein, or violate any restrictions or requirements of
the City of Fort Collins.
2. Maintenance and Costs. The Drainage Features shall be maintained by Global,
and its successors and assigns, in such a manner as may be reasonably necessary and appropriate
for the continued use of the Drainage Easement for its intended purpose and in compliance with
the requirements of the City of Fort Collins. Global shall pay all costs and expenses incurred in
designing, constructing and planting, and maintaining the Drainage Features in the Drainage
Easement. Global agrees, to the extent reasonably practicable, to restore and reestablish the
landscaping and grasses on those areas of Tract 7 which may be disturbed or damaged by the
installation and maintenance of the Drainage Features.
3. Grant of Sidewalk Construction Easement. The Association hereby declares,
establishes and grants to Global, its successors and assigns, a non-exclusive easement on, over,
under and across certain portions of Tract 1 on the north side and Tract 7 on the south side of
Prairie Ridge Drive (the "Sidewalk Construction Easement"), as further defined herein, for the
purpose of constructing such gutters, curbs and sidewalks (the "Sidewalk Features") as may be
necessary to align the current configuration of gutters, curbs and sidewalks on the north and
south sides of Prairie Ridge Drive which lie on the east side of the boundary line between Tracts
1 and 7 on the east, and Filing 2 Land on the west, with the configuration of gutters, curbs and
sidewalks as may be required by the City of Fort Collins on the west side of said boundary line,
where Prairie Ridge Drive intersects with the private drive shown on the approved plat of
Harmony Ridge Filing 2. The Sidewalk Construction Easement shall include the right of Global,
its agents, successors and assigns, to enter onto Tracts 1 and 7 for the purposes of designing,
demolishing, aligning, constructing and installing the Sidewalk Features on Tracts I and 7 and
on land dedicated to the City of Fort Collins as shown the Plat. The area of the Sidewalk
Construction Easement shall not exceed that area deemed necessary by Global to complete the
Sidewalk Features. The design, construction and installation of the Sidewalk Features shall be
in compliance with the requirements of the City of Fort Collins.
4. Restoration and Costs. Global agrees, to the extent reasonably practicable, to
restore and reestablish the landscaping on those areas of the Sidewalk Construction Easement
which may be disturbed or damaged by the installation of the Sidewalk Features. Global shall
lay all costs and expenses incurred in designing, constructing and installing the Sidewalk
Features, and restoring the landscaping in the Sidewalk Construction Easement as set forth
herein.
5. Grant: of Easement for LaydNcaoed Privacv Screens. The Association hereby
declares, establishes and grants to Global, its successors and assigns, a non-exclusive easement
on, over, under and across certain portions of Tracts 1 and 7 adjacent to the west boundary line
of said Tracts 1 and 7 as shown on the approved plat of Harmony Ridge Filing 2 (the "Privacy
Screens Easement')., for the purpose of planting such landscaping and installing such irrigation
as shall be reasonably necessary to maintain such landscaping, as is shown on the approved plat
of Harmony Ridge Filing 2 (the 'Privacy Screens"). Global agrees to install the Privacy Screens
for purposes of screening Tracts I and 7 and adjacent homes located thereon in Harmony Ridge
Estates from headlights of vehicles traveling on private drives on Filing 2 Land. Global shall
pay all costs and expenses incurred in designing, planting, installing and maintaining the Privacy
Screens in the Privacy Screens Easement
6. Mu elease. Tire Association, its rs, successors and assigns, hereby
release Global and its sors and assigns any further liability, obligation, or
responsibility for damages, c ' s. costs or p-rises which may arise from the design,
construction, installation and maint
the Privacy Screens, provided such
compliance with requirements of t
The Association expressly ac \
*Ihc Drainage Features, the Sidewalk Features, and
nstruction, installation and maintenance is done in
o Collins and in accordance with this Grant.
and agr that Global, its agents, successors and
2
assigns, shall have no further
connection with such work, o
y or no monetary obligation p
that set orth herein.
Global, its successors and gns,
successors and assigns from any er
claims, costs or expenses which may
maintenance of the Drainage Features, the
expressly acknowledges and agrees that t
assigns, shall have no further monetary o
connection with such work, other at
or liability in
hereby releas the Association, its members and its
liability, igation, or responsibility for damages,
rise fro the design, construction, installation and
d alk Features, and the Privacy Screens. Global
sociation, its members, agents, successors and
non-m obligation, responsibility, or liability in
set forth h in.
Notwithstanding the fyr6going, the Association d Global,ftentional
d their respective
successors and assigns, shall responsible for and shall hold th ther pharmless from any
costs or damages to, and epau of, the Tract 7 Drainage Features may be caused by
extraordinary use thenby such party, or caused by the negligent or acts of such
party, its members, a nts or employees.
7. Arbitration. All disputes between the parties arising out of this Agreement shall
be submitted to final and binding arbitration in the County of Larimer, State of Colorado, under
the commercial Arbitration Rules of the American Arbitration Association then in effect upon
written notification and demand of either party therefor. In the event either party demands such
arbitration, the American Arbitration Association shall be requested to submit a list of
prospective arbitrators consisting of persons experienced in matters involving the types of
transactions contemplated by this Agreement The provisions of C.R-S. § 13-22-201, et seq., and
the laws of the State of Colorado are incorporated herein and shall be applicable to the
arbitration. Any award may be entered as a judgment in any court of competent jurisdiction.
Either party shall have the right, prior to receiving an arbitration award, to obtain preliminary
relief from a court of competent jurisdiction (a) to avoid injury or prejudice to that party; (b) to
protect the rights of any party; (c) to maintain the status quo as it existed immediately prior to the
dispute; or (d) to obtain possession of property in order to avoid a material risk of damage to, or
loss of, that property.
8. Effective Date and Binding Effect. This Agreement shall become effective on
the date of execution by the parties, and once effective, this Agreement shall run with the land
and shall be binding upon and inure to the benefit of the parties hereto and their respective
successors, grantees., and assigns.
9. Miscellaneous.
(a) Section and Paragraph Headings. The section and paragraph headings in this
Agreement are for reference purposes only and shall not affect in any way the meaning or
interpretation of this Agreement.
(b) Amendment. This Agreement may be amended only by an instrument in writing
executed by the then record owners of Tracts I and 7, and Global or a duly established
homeowners association for Filing 2 Land.
M
(c) Entire Agreement. This Agreement and the exhibits and amendments hereto
constitute the entire agreement of the parties hereto and supersede all prior
understandings with respect to the subject matter hereof.
(d) Counterparts. This Agreement may be executed in counterparts, each of which
shall be deemed an original, but all of which shall constitute the same instrument.
(e) Governing Law. This Agreement shall be construed and enforced under, in
accordance with, and governed by the laws of the State of Colorado.
(f) Recordation. The parties shall cause the original form of this Agreement to be
recorded in the records of the Clerk and Recorder of Larimer County, Colorado.
(g) Enforceabili . In the event any one or more of the terms and provisions
contained in this Agreement are held to be invalid or unenforceable for any reason, the
remaining portion of this Agreement shalt be deemed valid and enforceable.
(h) Attorney's Fees. Each party shall be responsible for its own attorney's fees
incurred in connection with the drafting and negotiation of this Agreement. In the event
of litigation or arbitration between the parties in connection with this Agreement or in
connection with any breach of the terms of this Agreement, the prevailing party in such
litigation or arbitration shall be entitled to recover from the non -prevailing party the
prevailing party's reasonable attorney's fees and costs incurred in connection with such
litigation or arbitration.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement, or
counterpart copies to this Agreement, as of the day and year indicated opposite each signature.
Date: -sam I±', 005
Date: � I � 2005
HARMONY RIDGE ESTATES HOMEOWNERS'
ASSOCIATION, a Colorado non-profit corporation
GLOBAL HOLDINGS OF COLORADO, LLC, a
Colsrade4b*ted liability company
E
Manager
STATE OF COLORADO )
) ss.
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this T'Llday of
2005, by JIM NEWCOMB, Manager of Global Holdings of Colorado, LLC, a Colorado 1' ' ed
liability company.
Witness my hand and officials 1.
My commission expires:
STATE OF COLORADO )
)ss.
COUNTY OF LARROER )
The foregoing instrument was acknowledged before me this day of JW'X'0 r
2005, by Joe Coulter, President of Harmony Ridge Estate Homeowners Association, a Colorado
non-profit corporation.
Witness my hand and official s
My commission expires: 0C