HomeMy WebLinkAboutHARMONY CENTRE - Filed ED-EASEMENT DEDICATION - 2005-09-27GRANT OF SLOPE EASEMENT
THIS GRANT OF EASEMENT is made this day of 6v_r,
1997, by SUNRISE CENTER PARTNERSHIP, a Colorado general partnership
("Sunrise") to THE CITY OF FORT COLLINS, a municipal corporation of the
State of Colorado (the "City").
1. Purpose of Agreement. Sunrise is the owner of certain real property
located in Larimer County, Colorado, more particularly described on Exhibit A
attached hereto (the "Sunrise Property"). The City has approved construction of an
temporary extension of existing Pavilion Lane (the "Pavilion Lane Extension') onto
the Sunrise Property generally as shown on the site plan attached hereto as Exhibit B
(the "Site Plan"). For good and valuable consideration, receipt of which is hereby
acknowledged, Sunrise has executed this instrument to establish a slope easement
over a portion of the Sunrise Property which is affected by the Pavilion Lane
Extension.
2. Grant of Slope Easement. A portion of the Sunrise Property adjacent
to the Pavilion Lane Extension, to be altered as set forth in the utility plans dated
July 23, 1997, prepared by Drexel Barrell & Co. which are on file with the City, is
cross -hatched and identified on the Site Plan as the "Slope Easement" and more
particularly described on Exhibit C attached hereto. Sunrise hereby grants and
conveys to the City, for the benefit of the public, a non-exclusive easement on and
over the Slope Easement for lateral and subjacent support for the Pavilion Lane
Extension, which shall continue indefinitely so long as such support is required by
the City.
3. Remedies. The City shall have all rights and remedies available at law,
in equity or otherwise (including without limitation injunction and specific performance)
in the event of a breach of or a default under this Agreement by Sunrise or its
successors. All such rights and remedies shall be cumulative and shall not be deemed
mutually exclusive, and any and all rights and remedies may be pursued, whether at the
same time or otherwise.
4. Attorney Fees and Costs. In any action or proceeding brought relating
to or arising out of this Agreement, the prevailing party shall be entitled to receive from
the non -prevailing party the prevailing party's costs and expenses incurred in connection
with such action or proceeding (including without limitation reasonable attorney fees and
expenses).
5. Entire Agreement. This Agreement embodies the entire agreement
between the parties and supersedes all prior understandings with respect to the rights
herein granted and the obligations herein assumed. This Agreement may only be
amended or supplemented by an instrument in writing signed by the party against
whom enforcement is sought.
j�ETll2A�TC�: C'ffA6id feff/dl
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31,4/97
12/04,97 THU 13:57 PAY 909 292 4850 CHANDELLE DEIELOPMENT ... LUCIA LILEY Q 024
occupancy is issued for the first building located on the Sunrise Property or
the Trust Property.
(b) After issuance of a certificate of occupancy for the fast building
located on the Sunrise Property or the Trust Property, the owner of each
Developed Lot shall, commencing upon issuance of a certificate of occupancy
for any building on that lot, pay a portion of the cost of the expense of
maintaming the Detention Pond (including insurance) which is equal to a
fraction, the numerator of which is the area of such lot and the denominator of
which is the total area of all Developed Lots. For purposes of this paragraph
3, the term "Developed Lot' shall mean each separate lot which consists of
all or any part of the Timberline Property, the Trust Property or the Sunrise
Property and which is improved with at least one building for which a
certificate of occupancy has been issued by the appropriate governmental
authority.
(c) The owners of the Developed Lots may, from time to time by
majority vote based on proportionate area, designate an agent (which may be
the owner of one of the Developed Lots) to maintain the Detention Pond in
good and functional condition and repair, obtain appropriate insurance
regarding the Detention Pond. and collect the contributions of the respective
Developed Lots from time to time (the "Maintenance Director'). In the
absence of such designation of a Maintenance Director, the owner of the
portion of fire Timberline Property on which the Detention Pond is located
shall serve as the Maintenance Director.
(d) If any owner of a Developed Lot (a "Defaulting Owner") fails to
pay its proportionate share of any expense of maintaining the Detention Pond
within 30 days after receipt of a statement therefor accompanied by reasonable
supporting documentation, interest shall accrue on the amount due at the rate
of 15 % per annum from the date of such statement until paid in full, and the
amount owed shall constitute a lien against the portion of the Timberline
Property, the West Property or the Sunrise Property which is owned by the
Defaulting Owner, which lien shall be prior to all other liens against such
property except the lien of any recorded first mortgage or deed of trust and the
lien for unpaid taxes and assessments. Any such unpaid amount, together with
interest as provided above anti expenses of collecting such amount (including
reasonable attorney fees), shall be the personal obligation of such Defaulting
Owner. Such lien (including such interest, costs and expenses) may be
foreclosed in the same manner as the foreclosure of a mortgage in the State of
Colorado.
4. Insurance; Indemnity. So long as the owner of the Timberline
Property is obligated under paragraph 3 above to maintain the Detention Pond, it
shall name the owners of the Sunrise Property and the Trust Property as additional
12%09i97 THU 15:55 FAX 303 292 4853 CHANTI)ELLE DEVELOPMENT ... LUCIA LILEY 0025
insureds in all policies of liability insurance covering the Detention Pond, and shall
indemnify and defend Sunrise, the Trust and their respective successors and assigns
against, and hold them harmless from, any and all claims, suits, proceedings, actions
and causes of action (including without limitation reasonable attorney fees) arising
out of the construction and/or maintenance of the Detention Pond, except to the
extent that any such claims, suits, proceedings, actions and causes of action are
caused by the negligent or willful acts or omissions of the party seeking indemnity.
5. Real Property Taxes. The West Entities and Timberline shall be and
remain solely responsible for payment of the real property taxes on the portions of
their respective properties which fall within the Drainage Easement Area.
6_ Remedies. Timberline, Sunrise, the Taut and their respective successors
and assigns shall have all fights and remedies set forth in this Agreement or available at
law, in equity or otherwise (including without limitation injunction and specific
performance) in die event of a breach of or a default under this Agreement by any party
obligated hereunder. All such rights and remedies shall be cumulative and shall not be
deemed mutually exclusive, and any and all rights and remedies may be pursued,
whether at die same time or otherwise
7. Attorney Fees and Costs. to any action or proceeding brought relating
to or arising out of this Agreement, the prevailing party shall be entitled to receive from
the non prevailing party the prevailing parry's costs and expenses incurred in connection
with such action or proceeding (including without limitation reasonable attorney fees and
expenses).
8. Entire Agreement. This Agreement embodies the entire agreement
between the parties and supersedes all prior understandings with respect to the rights
herein ,granted and the obligations herein assumed. This Agreement may only be
amended or supplemented by an instrument in writing signed by the party against.
whom enforcement is sought; provided, however, that upon the request of (or with
the approval of) the persons or entities owning at least 67% of the combined area of
the Timberline Property, the Sunrise Property and the Trust Property, an association
of all the owners of the Timberline Property, the Sunrise Property and the Trust
Property shall be formed to hold title to the Drainage Easement Area and operate
and maintain the Detention Pond consistently with the provisions of this Agreement.
9. Authority. Timberline, Sunrise and the Trust represent and warrant to
one another that each is fully authorized to enter into this Agreement without the
approval of any other person or entity.
10. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Colorado.
12iO4/97 THU 13:58 FAX 303 292 4953 CHANDELLE DEVELOPMENT �- LOCIA LILEY Z026
11. No Partnership. Nothing in this Agreement shall be construed to make
any parties hereto or beneficiaries hereof partners or joint venturers, or to render any
parties or beneficiaries liable for the debts or, obligations of any other person.
12. Partial Invalidity. If any portion or provision of this Agreement shall be
held unenforceable or invalid for any reason whatsoever, such unenforceabdity, or
invalidity shaft not affect the validity or enforceability of this Agreement, but such
invalid portion or provision shall be deemed severed and deleted herefrom as if it were
never included, and the balance of this Agreement shall retrain in full force and effect.
13. Captions. The captions of the paragraphs contained herein are for
convenience only, shall in no way define or limit the scope or intent of this Agreement,
and shall not be considered in construing or interpreting this Agreement.
14. Priority of Agreement. Timberline, Sunrise and the Trust represent and
warrant to one another that the easements hereby granted are prior to and superior to any
mortgage, deed of trust or other instrument which affects the Timberline Property, the
Trust Property or the Sunrise Property and which, if foreclosed or otherwise enforced,
might impair he rights of the parties granted hereby.
15. Successors and Assigns. This Agreement shall run with the Timberline
Property, the Sunrise Property and the Trust Property, respectively, and shall be binding
upon and inure to the benefit of all owners and their respective successors and assigns.
[THIS SPACE LEFT BLANK INTENTIONALLY]
12 09/9i THU 10:59 FAX 903 292 9859 CHANDELLE DEVELOPMENT a,, LUCIA LILEY M027
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
date set forth above.
SUNRISE CENTER PARTNERSHIP,
a Colorado general partnership
ALMA H. WEST TRUST
Trustee
FC TIMBERLINE DEVELOPMENT LLC,
a Colorado limited liability company
5
12/04/97 THU 19'59 I'A-1 90.3 292 4859
CHANDELLE DEVELOPMENT ... LUCIA LILEY R 028
STATE OF COLD O
COUNTY F
Che foregoing uI_strum was acknowledged before me the
1997, byC _Z, & as Partner in
Center ParinersIII a Culiri)16general partnership.
Witness my hand and official seal.
My commission expires
[SEAL]
day of
and for Sunrise
The foregoing ins t was acknowledged before me the i�p day of
1997, by as Trustee ofAlmaH.,West Trost-
-
Witness my hand and official seal. / oy
My commission expire�G�%t-�
[SEAL]
12/04,97 THU 14:00 FAX 303 292 4853
CHANDELLE DEVELOPMENT ,, LUCIA LILEY M029
STATE OF COLO 0
COUNTYI�
The foregoing instrument was acknowledged before me the ("e day of
1997, by Charles P. Woods as Manager of FC Timberline Development
LLC, a Colorado limited liability company.
Witness my hand and official seal.
My cornmission expires /ZL9"
[S E A L]
IK? The foregoing instrument was acknowledged before me the (:; day of
1997, by Jeff Donaldson as Manager of FC Timberline Development
LLC, a Colorado limited liability company.
Witness my hand and official seal. ..
My commission expircs'*�z
Z"-7/ Ala .
(S E A Q
12,04i97 THU 14:00 FAX 303 292 4853 CHANDELLE DETELOPMENT +., LUCIA LILEY 0 030
EXHIBIT A
Considering the South line of Section 36, Township 7 North, Range
69 west of the 6th P.M., as bearing N 89'53' East, and with all
bearings herein relative thereto: Beginning at a point on the Fast
line of the right of way of Stare Highway No. 1 (also designated as
U.S. Highway No. 87) which point bears N 89'53' E, 40.00 feet, and
again N 00'04 1/2' W, 870.15 feet from the Southwest corner of the
said Section 36; thence N 89'53' E, 503.60 feet; thence S 51'49' E,
165.20 feet; thence East 1978.95 feet to the Fast line of the S'h of
the SW'rf of said Section 36; thence along said line, N 00*12' F,
551.15 feet to the Northeast corner of the SH of the SW% of said
Section 39; thence along the North line of said SM of the SWU,
S 89'53' W, 2614,90 feet to a point on the East line of the right
of way of said State Highway No. 1, which point bears N 00'04 1/2'
W, 448,75 feet from the point of beginning; thence S 00'04 1/2' E,
448.75 feet to the point of beginning; county of Larimer, State of
Colorado.
EXCEPT those portions of the above described property conveyed in
instruments recorded June 30, 1947, in Book 836 at Page 415,
recorded June 17, 1959, in Book 1094 at Page 578, recorded November
27, 1974, :.n Book 1626 at Page 422, and recorded April 15, 1987, at
Reception No. 87021419, of the Larimer County,
AND EXCEPT any portion lying within Fort Collins Retail Center,
P.U.D.
12iO4,,97 THU 14:01 PAS 303 292 4853 CHANDELLE DEVELOPMENT ae, LUCIA LILEY 10031
L'MIBIT B
A portion of land in the SW?,( of Section 36, Township 7 North, Range
69 west of the 6th P.M., Larimer County, Colorado, being more
particularly described as follows:
Beginning at the Southwest corner of said Section 36 and
considering the West line of the SWI,,4 of said Section 36 as hearing
N 00'04'30" west and with all bearings contained hezein relative
thereto; thence along said West line IT 00'04'30" W, 870.16 feet;
thence departing said west line N 89'54'16" E, 50.00 feet to the
Southwest corner of Ft. Collins Retail Center, a planned unit
development, according to the plat on file in the office of the
clerk and Recorder, County of Larimer, State of Colorado;
thence along the South line of said Ft. Collins Retail Center
N 69'54.16" E, 493.60 feet; thence departing said South line
S 51'52'07" E, 165.08 feet to a point an the southerly line of that
certain parcel of land described in deed, recorded under Reception
No. 85009553; thence N 51'52'07" W, 43.16 feet to the beginning of
a curve concave to the Northwest having a central angle of
38'02'53" and a radius of 50.00 feet; a radial line passing through
said point bears 5 52'02'511 East; thence northeasterly along the
arc of said curve 33,20 feet to the end of said curve; thence
tangent from said curve N 00'05'44" W, 202.58 feet to the Southwest
corner of Tract "A" said Ft. Collins Retail Center; thence along
the southerly line of said Tract "A" and the southerly line of
Tract "B" said Ft. Collins Retail Center N 89'54'52" E, 70.00 feet
to the Southeast corner of said Tract "B"; thence along the East
line of said Tract "B" N 00'05'44" W, 294.51 feet to the true point
of beginning; said true point of .beginning being a paint on the
North ling: of the S�j of the SWi/. of said Section 36 as monumented in
the field; thence along said North line N 89'55'28" E, 603.93 feet
to the Northeast corner of the " of the S% of the SW% of said
Section 36; thence continuing along said North line N 69'54'14" E,
168.25 feet; thence departing said North line S 00'05'46" E, 150.OU
feet; thence S 89'55'15" W, 772.18 feet to a point on the East line
of said ':tract "B"; thence along said East line N 00'05'44" W,
150.00 feet to the true point of beginning.
12/04/97 THU 14:01 FAX 303 292 4853 CHANDELLE DEVELOPMENT LUCIA LILEY IA032
EXHOIT C
A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 36,
TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH P.M., CITY OF FORT
COLLINS. COUNTY OF LARIMER, STATE OF COLORADO, DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SI/4 CORNER OF SECTION 36. FROM WHICH THE
SOJTHWEST CORNER OF SAID SECTION 36 BEARS S89'53'00'W, 2548.72
FEET. THENCE S89'13'00"W, 296.65 FEET ALONG THE SOUTH LINE Of THE
SW/4 OF SAID SECTION 36: THENCE NOO'12'00"W, 30.00 FEET TO THE
SOJTHEAST CORNER OF THAT TRACT OF LAND AS OESCRIEED IN DEED
RECORDED AT RECEPTION N0. 96000086 OF THE RECORDS OF L4RIMCR
COUNTY, COLORADO AND THE TRUE POINT QE-f1 •INNING
THENCE S69'53'00"W, 2080.49 FEET ALONG THE SOUTH LINE AND THE
SOUTH LINE EXTENDED WESTERLY OF THAT TRACT OF LAND AS OESCRIBEO AT
SA'O RECEPTION NO. 960000H6 TO THE SOUTHWEST CORNER OF THAT TRACT
OF LAND AS DESCRIBED IN DEED RECORDED AT RECEPTION NO. 96000088 OF
THE RECORDS OF LARIMER COUNTY, COLORADO:
THENCE N00'04'30"W, 249.21 FEET ALONG THE WESTERLY LINE OF THAT
TRACT OF LAND AS OESCRIBED AT SAID RECEPTION NO. 95000068 TO THE
SOUTHERLY LINE OF THAT TRACT OF LAND AS DESCRIBED IN OECD RECORDED
AT RECEPTION NO, 96000067 OF THE RECORDS OF LARIMER COUNTY.
COLORADO: -
THENCE NBS'45'14'W, 222.34 FEET ALONG THE SOUTHERLY LINE OF THAT
TRACT OF LAND AS DESCRIBED AT SAID RECEPTION N0.- 96000067 TO THE
SOUTHWEST CORNER THEREOF;
THENCE N00'04'30'W,142.20'FEET ALONG THE WESTERLY LINE OF THAT
TRACT OF LAND AS DESCRIBED AT SAID RECEPTION N0. 96000087 TO AN
ANGLE POINT IN THE WESTERLY LINE THEREOF;
THENCE NOO'00'30"E. 92.80 FEET ALONG THE WESTERLY LINE OF THAT
TRACT OF LAND AS DESCRIBED AT SAID RECEPTION NO. 96000067 TO THE
NORTHWEST CORNER THEREOF:
THENCE CONTINUING N00'00'30"E, 34.12 FEET ALONG THE WEST LINE
_ EXT040ED NORTHERLY OF THAT TRACT OF LAND AS DESCRIBED AT SAID
96000087:
THENCE S85'45'14'E. 99.44 FEET:
THENCE S85'55'28'E. 25.08 FEET;
THENCE S81'32'03'E, 104.09 FEET;
THENCE S85'45'14'E. 72200 FEET TO THE WEST LINE OF THAT TRACT OF
LAND AS DESCRIBED AT SAID RECEPTION NO, 96000088, A POINT FROM
WHICH THE NORTHEAST CORNER OF THAT TRACT OF LAND AS DESCRIBED AT
SAID RECEPTION NO, 96000087 BEARS $00'00'30'E. 27.12 FEET;
.THENCE NOO'04'30'W, 334.76 FEET ALONG THE WESTERLY LINE OF THAT
TRACT OF LAND AS DESCRIBED AT SAIO RECEPTION NO. 96000088 TO THE
NORTHWEST CORNER THEREOF;
C-1
12/04/97 THU 14:02 IAA 303 292 4653 CHANDELLE DEVELOPMENT LUCIA LILEY lj�033
THENCE N89'52'42'E. 194.31 FEET ALONG THE NORTH UNE OF THAT
TRACT OF LAND AS DESCRIBED AT SAID RECEPTION NO. 96000088;
THENCE S51'47'06"E, 165.54 FEET ALONG A NORTHEASTERLY UNE OF
THAT TRACT OF LAND AS DESCRIBED AT SAID RECEPTION NO. 96000085 TO
THE MOST EASTERLY CORNER THEREOF:
THENCE N89'53'00'E, 39. 58 FEET TO THE NORTHWEST CORNER OF THAT
TRACT OF LAND AS DESCRIBED AT SAID RECEPTION NO. 96000086;
THENCE 590'00'00"E,I262.15 FEET ALONG THE NORTH LINE OF THAT
TRACT OF LAND AS DESCRIBED AT SAID RECEPTION NO. 96000086 TO A
POINT FROM WHICH THE NORTHEAST CORNER THEREOF BEARS 590'00'00"E,
375.48 FEET:
THENCE N61'28'37"E, 31.51 FEET;
THENCE S90'00'00"E, 80.00 FEET:
THENCE N45'00'00'E. 178,72 F,ET TO A POINT FROM WHICH THE
NORTHEAST CORNER OF THAT TRACT OF LAND AS DESCRIBED AT SAID
RECEPII••ON.NO, 96000086 SEARS S45'00'00"E. 200.00 FEET:
THENCE 545'00'00"E. 200,00 FEET TO THE NORTHEAST CORNER OF THAT
TRACT OF LAND AS DESCRIBED AT SAID RECEPTION NO. 96000086;
THENCE S00'12'00'E. 734.20 FEET ALONG THE EAST UNE OF THAT TRACT
OF LAND AS DESCRIBED AT SAID RECEPTION N0. 96000086 TO THE
SOUTHEAST CORNER THEREOF AND THE ME POINT Of BEGINNING.
C-2
F\
6. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Colorado.
7. Priority of Agreement. Sunrise represents and warrants to the City that
the easement hereby granted is prior to and superior to any mortgage, deed of trust or
other instrument which affects the Sunrise Property and which, if foreclosed or
otherwise enforced, might impair the rights ,granted to the City hereby.
8. Successors and Assigns. This Agreement shall run with the Sunrise
Property and shall be binding upon the owner thereof and its successors and assigns.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
date set forth above.
SUNRISE CENTER PARTNERSHIP,
a Colorado general partnership
By
Partner
STATE OF COL(*DO )
COUNT ) /
( ?/*enter
e foregoing instrum . was acknowledged before me the 6 day of
1997, by /�. as Partner in and for Stuu ise
rtriecship, a Color4do general partnership.
Witness my hand and official seal.
My commission expire . O�
/ otary Public
[SEAL] U
2
12,,04/97 THU 14:02 FAX 303 202 4853 CILLNDELLE DEVELOPMENT -., LUCIA LILEF R 034
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12/04,07 THU 14:03 PAS 303 292 4853 CH.AA'DELLE DEVELOPMENT --- LUCIA LILEY IA035
Engineers/Surveyors
Boulder,
Colorado Springs,
Greeley
4840 Pearl Ezi Owle,
Suite 114
Boulder, Colorado 80301 2473
303 442 4338
303 442 4373 Fax
E04IBIT E
Drexel Barrell&c..
October 21, 1997
A description of an easement for stormwater
detention (entire pond area) located in the SWI/4
of Section 36, T7N, R69W of the 6th P.M., Larimer
County, Colorado, for Chandelle Properties.
LEGAL DESCRIPTION
A tract of land located in the SWl/4 of Section 36, T7N, R69W of
the 6th P.M., City of Fort Collins, county of Larimer, State of
Colorado, described as follows:
commencing at the S1/4 Corner of Section 36, from which the
Southwest Corner of said Section 36 bears S89653100"W, 2648.72
feet, thence S89'53'BQ"W, 296.65 feet along the South line of the
SW1/4 of said Section 36; thence N00612100"W, 30.00 feet to the
Southeast corner of that tract of land as described in Deed
recorded at Reception No. 96000086 of the records of Larimer
County, Colorado; thence S89453'00"W, 2080.49 feet along the South
line and the South line extended Westerly of that tract of land as
described at said Reception No. 96000086 to the Southwest Corner of
that tract of land as described in Deed recorded at Reception No.
96000008 of the records of Larimer County, Colorado; thence
N00°04130"W, 249.21 feet along the Westerly line of that tract of
land as described at said Reception No. 96000088 to the Southerly
line of that tract of land as described in Deed recorded at
Reception No. 96000087 of the records of Larimer County, Colorado;
thence N85045114"W, 222.34 feet along the Southerly line of that
tract of land as described at said Reception No. 96000087 to the
Southwest Corner thereof; thence NOOa04130"W, 142.20 feet along the
Westerly line of that tract of land as described at said Reception
No. 96000087 to an angle point in the Westerly line thereof; thence
N00.00130"E, 92.80 feet along the Westerly line of that tract of
land as described at said Reception No. 96000087 to the Northwest
Corner thereof; thence continuing N00600130"E, 34.12 feet along the
(L. Shanks - 5689 - 3431L.LKS)
r_1
12/04/97 THU 14:03 I_A.i 303 292 4853 CHANDELLE DEVELOPMENT +,LUCIA LILEY U1O36
Legal Description (Continued) October 21, 1997 Page 2
West line extended Northerly of that tract of land as described at
said Reception No. 96000087; thence S85045'14"E, 99.41 feet; thence
S85"55128"E, 25.08 feet; thence S81°52103"E, 104.09 feet; thence
585"45114"E, 72.00 feet to the West line of that tract of land as
described at said Reception No. 96000088, a point from which the
Northeast Corner of that tract of land as described at said
Reception No. 96000087 bears S00°00130"E, 27.12 feet; thence
No0°04'30"W, 334.76 feet along the Westerly line of that tract of
land as described at said Reception No. 96000088 to the Northwest
Corner thereof; thence N89°52'42"E, 194.31 feet along the North
line of that tract of land as described at said Reception No.
96000088; thence S51047106"E, 165.54 feet along a Northeasterly
line of that tract of land as described at said Reception No.
96000089 to the most Easterly Corner thereof; thence N89053100"E,
39.58 feet to the Northwest Corner of that tract of land as
described at said Reception No. 96000086;, thence S90000'00"E,
1262.15 feet along the North line of that tract of land as
described at said Reception No. 96000086 to a point from which the
Northeast Corner thereof bears 590000'00"E, 375.48 feet; thence
N61°28137"E, 31.51 feet; thence S90°00'00"E, 80.Oo feet; thence
N45000'00"E, 178.72 feet to a point from which the Northeast Corner
of that tract of land as described at said Reception No. 96000086
bears S45000100"E, 200.00 feet to the TRUE -POINT OF BEGINNING;
Thence S45'00'0O"E, 200.00 feet to the Northeast Corner of that
tract of land as described at said Reception No. 96000086;
Thence N89047134"E, 119.00 feet along the North line of PITNER
ESTATES, a Subdivision in the County of Larimer, State of Colorado,
according to the recorded plat thereof to the Northeast Corner of
Lot 6, in said PITNER ESTATES;
Thence Northwesterly, 22.05 feet along the arc of a curve concave
to the Southwest to a point of reverse curve, said arc having a
radius of 45.00 feet, a central angle of 28604121" and being
subtended by a chord that bears N14014110"W, 21.83 feet;
Thence Easterly, 164.86 feet along the arc of said reverse curve to
a second point of reverse curve, the arc of said reverse curve
having a radius of 40.00 feet, a central angle of 236008142" and
being subtended by a chord that bears N899481000E, 70.59 feet;
Thence Southwesterly, 22.04 feet along the arc of said second
reverse curve to the Northwest Corner of Lot 9, in said PITNER
ESTATES, said arc having a radius of 45.00 feet, a central angle of
28003'46" and being subtended by a chord that bears S1305O128"W,
21.82 feet;
(L. Shanks_- 5689 - 3431L.LKS)
E-2
12/04/97 THU 14:04 FAX 303 292 4953
Legal Description (continued)
CHANDELLE DEVELOPMENT +.a LUCIA LILEY
October 21, 1997 Page 3
Thence N89°47'34"E, 118.27 feet along the North line of said PITNER
ESTATES to the Southeast Corner of that tract of land as described
at Reception No. 85009553 of the records of Larimer County,
Colorado;
Thence N00*09112"W, 557.76 feet along the East line of that tract
of land as described at said Reception No. 8$009553 to the
Northeast Corner thereof;
Thence S89053'49"W, 287.48 feet along the North line of that tract
of land as described at said Reception No. 85009553;
Thence S00400100"E, 326.06 feet;
Thence s89.35131"W, 161.96 feet to a point from which the True
Point of Beginning bears S07"46134"E, 90.50 feet;
Thence S07046134"E, 90.5o feet to the TRUE POI ONE F_BEGINNZNG.
Legal Description Prepared By:
Loren R. Shanks, PLS 028285
Drexel Barrell L Co.
4840 Pearl East circle 0114
Boulder, Colorado 80301-2475
(303) 442-4338
(L. Shanks.- 5609 - 3431L.LRS)
E-3
0 037
ATTORNEY'S CERTIFICATION
I hereby certify that the attached Detention Pond Easement Agreement has been duly
executed as required pursuant to §2.2.3(C)(3)(a) through (e), inclusive, of the Land Use
Code of the City of Fort Collins and that all persons signing such instrument on behalf of a
corporation or other entity are duly authorized signatories under the laws of the State of
Colorado. This Certification is based upon an examination of the records of the Clerk and
Recorder of Larimer County, Colorado as of the 6th day of November, 1997, and other
information discovered by me through reasonable inquiry and is limited as authorized by
§2.2.3((')(3)(t) of the Land Use Code.
Attorney: Lance P. Vanzant
Address: 303 E. 17th Avenue, Suite 700
Denver, CO 80203
Registration No.: 10736
ATTORNEY'S CERTIFICATION
I hereby certify that the attached Easement Agreement has been duly executed as
required pursuant to §2.2.3(C)(3)(a) through (e), inclusive, of the Land Use Code of the City
of tort Collins and that all persons signing such instrument on behalf of a corporation or
other entity are duly authorized signatories under the laws of the State of Colorado. This
Certification is based upon an examination of the records of the Clerk and Recorder of
l arimer County, Colorado as of the 19th day of November, 1997, and other information
discovered by me through reasonable inquiry and is limited as authorized by §2.2.3(C)(3)(t)
of the Land Use Code.
Attorney: Lance P. Vanzant
Address: 303 E. 17th Avenue, Suite 700
Denver, CO 80203
Registration No.: 10736
EXHIBIT A
Considering the South line of Section 36, Townshio 7 North, Range
69 West of the 6th P.M., as bearing N 89'53' East, and with all
bearings herein relative thereto: Beginning at a point on the East
line of the right of way of State Highway No. 1 (also designated as
U.S. Highway No. 87) which point bears N 89'53' E, 40.00 feet, and
again N 00'04 1/2' W, 870.15 feet from the Southwest corner of the
said Section 36; thence N 89'53' E, 503.60 feet; thence S 51'49' E,
165.20 feet; thence East 1978.95 feet to the East line of the S�4 of
the SWI/, of said Section 36; thence along said line, N 00'12' E,
551.15 feet to the Northeast corner of the Ski of the SWI/, of said
Section 36; thence along the North line of said SH of the SW?;,
S 89.53' W, 2614.90 feet to a point on the East line of the right
of way of said State Highway No. 1, which point bears N 00'04 1/2'
W, 448.75 feet_ from the point of beginning; thence S 00'04 1/2' E,
448.75 feet to the point of beginning; County of Larimer, State of
Colorado.
EXCEPT those portions of the above described property conveyed in
instruments recorded June 30, 1947, in Book 836 at Page 415,
recorded June 17, 1959, in Book 1094 at Page 578, recorded November
27, 1974, in Book 1626 at Page 422, and recorded April 15, 1967, at
Reception No. 87021419, of the Larimer County,
AND EXCEPT any portion lying within Fort Collins Retail Center,
P.U.D.
5 \55669\5669em02 Mon Oct 20 10:45 04 1997 Orexel Barre ll 6 Co. gm
=IBIT C
Engineers/Surveyors
Boulder,
Colorado Springs,
Greelev
4340 pearl East Circle
Suite 114
Boulder. Colorado 50301 ?475
303 442 4333
303 442 4373 Fax
Drexel B arrell & Co.
June 17, 1997
A description of a slope easement located in the
SW1/4 of Section 36, T7N, R69W of the 6th P.M.,
Larimer County, Colorado, for Chandelle Properties.
LEGAL DESCRIPTION
An irregular strip of land located in the SW1/4 of Section 36, T7N,
R69W of the 6th P.M., City of Fort Collins, County of Larimer,
State of Colorado, described as follows:
Commencing at the S1/4 Corner of Section 36, from which the
Southwest Corner of said Section 36 bears S89053100"W, 2648.72
feet, thence S89053100"W, 296.65 feet along the South line of the
SW1/4 of said Section 36; thence N00012100"W, 30.00 feet to the
Southeast Corner of that tract of land as described in Deed
recorded at Reception No. 96000086 of the records of Larimer
County, Colorado; thence S89053100"W, 2080.49 feet along the South
line and the South line extended Westerly of that tract of land as
described at said Reception No. 96000086 to the Southwest Corner of
that tract of land as described in Deed recorded at Reception No.
96000088 of the records of Larimer County, Colorado; thence
N00°0413011W, 249.21 feet along the Westerly line of that tract of
land as described at said Reception No. 96000088 to the Southerly
line of that tract of land as described in Deed recorded at
Reception No. 96000087 of the records of Larimer County, Colorado;
thence N8504511411W, 222.34 feet along the Southerly line of that
tract of land as described at said Reception No. 96000087 to the
Southwest Corner thereof; thence N0000413011W, 142.20 feet along the
Westerly line of that tract of land as described at said Reception
No. 96000087 to an angle point in the Westerly line thereof; thence
N0000013011E, 92.80 feet along the Westerly line of that tract of
land as described at said Reception No. 96000087 to the Northwest
Corner thereof; thence continuing N0000013011E, 34.12 feet along the
West line extended Northerly of that tract of land as described at
(L. Shanks - 5689 - 3086L.LKS)
C-1
Legal Description (Continued) June 17, 1997 Page 2
said 96000087; thence S85045'14"E, 99.41 feet; thence S85055128"E,
25.08 feet; thence S81052'03"E, 104.09 feet; thence S85045'14"E,
72.00 feet to the West line of that tract of land as described at
said Reception No. 96000088, a point from which the Northeast
Corner of that tract of land as described at said Reception No.
96000087 bears S00000130"E, 27.12 feet; thence N00004'30"W, 334.76
feet along the Westerly line of that tract of land as described at
said Reception No. 96000088 to the Northwest Corner thereof; thence
N89°52142"E, 194.31 feet along the North line of that tract of land
as described at said Reception No. 96000088; thence S51047106"E,
165.54 feet along a Northeasterly line of that tract of land as
described at said Reception No. 96000083 to the most Easterly
Corner thereof; thence N89053'00"E, 39.58 feet to the Northwest
Corner of that tract of land as described at said Reception No.
96000086; thence N90000100"E, 30.36 feet along the North line of
that tract of land as described at said Reception No. 96000086 to
the TRUE POINT OF BEGINNING;
Thence N0000010011E, 1.37 feet to a point of curve to the right;
Thence Northeasterly, 35.55 feet along the arc of said curve to a
point of reverse curve, said arc having a radius of 44.00 feet, a
central angle of 46017123" and being subtended by a chord that
bears N23008'42"E, 34.59 feet;
Thence Northwesterly, 121.54 feet along the arc of said reverse
curve to a second point of reverse curve, the arc of said reverse
curve having a radius of 45.00 feet, a central angle of 154045115"
and being subtended by a chord that bears N31005114"W, 87.83 feet;
Thence Westerly, 22.48 feet along the arc of said second reverse
curve, the arc of said second reverse curve having a radius of
44.00 feet, a central angle of 29016115" and being subtended by a
chord that bears S86010115"W, 22.24 feet;
Thence Southeasterly, 160.32 feet along the arc of a curve concave
to the Southwest to a point of reverse curve, said arc having a
radius of 55.00 feet, a central angle of 167000152" and being
subtended by a chord that bears S4705910011E, 109.29 feet;
Thence Southwesterly, 15.50 feet along the arc of said reverse
curve to a point tangent, the arc of said reverse curve having a
radius of 25.00 feet, a central angle of 35031125" and being
subtended by a chord that bears S17045143"W, 15.25 feet;
Thence S00000100"E, 19.22 feet to the North line of that tract of
land as described at said Reception No. 96000086 and a point from
which the True Point of Beginning bears S90000100"W, 22.61 feet;
(L. Shanks - 5689 - 3086L.LKS)
C-2
Legal Description (Continued) June 17, 1997 Page 3
Thence S90000100"W, 22.61 feet along the North line of that tract
of land as described at said Reception No. 96000086 to the TRUE
POINT OF BEGINNING.
Legal Description Prepared By:
Loren K. Shanks, PLS 128285
Drexel Barrell & Co.
4340 Pearl East Circle #114
Boulder, Colorado 80301-2475
(303) 442-4338
(L. Shanks - 5689 - 3086L.LKS)
C-3
ATTORNEY'S CERTIFICATION
I hereby certify that the attached Grant of Slope Easement has been duly executed as
required pursuant to §2.2.3(C)(3)(a) through (e), inclusive, of the Land Use Code of the City
of Fort Collins and that all persons signing such instrument on behalf of a corporation or
other entity are duly authorized signatories under the laws of the State of Colorado. This
Certification is based upon an examination of the records of the Clerk and Recorder of
Latimer County, Colorado as of the 6th day of November, 1997, and other information
discovered by me through reasonable inquiry and is limited as authorized by §2.2.3(C)(3)(f)
of the Land Use Code.
�y
Attorney: Lance P. Vanzant
Address: 303 E. 17th Avenue, Suite 700
Denver, CO 80203
Registration No.: 10736
RCPTN # 97074167 11/07/1.1. 15:06:00 # PAGES - 1 FEE - $76.00
M RODENBERGER RECORDER, LARIMER COUNTY CO STATE DOC FEE - $.00
DETENTION POND EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT is made this � day of ki V�
1997, by and among FC TIMBERLINE DEVELOPMENT LLC, a Colorado limited
liability company ("Timberline"). SUNRISE CENTER PARTNERSHIP, a Colorado
general partnership ("Sunrise") and ALMA H. WEST TRUST (the "Trust").
Sunrise and the Trust are sometimes referred to collectively herein as the "West
Entities".
1. Purpose of Agreement. Sunrise is the owner of certain real property
located in Larimer County, Colorado, more particularly described on Exhibit A
attached hereto (the "Sunrise Property"). The Trust is the owner of certain real
property adjacent to the Sunrise Property on the northwest, more particularly
described on Exhibit B attached hereto (the "Trust Property"). Timberline is the
owner of certain real property adjacent to the Sunrise Property on the south, more
particularly described on Exhibit C attached hereto (the "Timberline Property").
The Trust Property, the Sunrise Property and the Timberline Property are all part of
a larger area which, as a result of its natural grade, has historically shared a common
surface water drainage pattern running generally downhill to Larimer County Canal
No. 2. Timberline intends to develop the Timberline Property for commercial use
in general accordance with the site plan attached hereto as Exhibit D (the "Site
Plan"), and in connection with such development has obtained approval of a
detention pond to be constructed in part on the Timberline Property and in part on
the Sunrise Property. In consideration of this Agreement, and intending to be fully
bound, the parties have entered into this Agreement to establish certain easements
and other rights relating to such detention pond.
2. Grant of Reciprocal Easements. The proposed detention pond is
cross -hatched and identified on the Site Plan as the "Drainage Easement Area" and
described more particularly on Exhibit E attached hereto. Sunrise hereby grants and
conveys to Timberline, for the benefit of the Timberline Property, a perpetual, non-
exclusive easement on, over and across the portion of the Drainage Easement Area
which lies on the Sunrise Property, and Timberline hereby grants and conveys to
Sunrise and the Trust, for the benefit of the Sunrise Property and the Trust Property,
a perpetual, non-exclusive easement on, over and across the portion of the Drainage
Easement Area which lies on the Timberline Property, for the existence of a
detention pond for surface water runoff from the Timberline Property, the Sunrise
Property and the Trust Property (the "Detention Pond").
3. Construction and Maintenance.
(a) In conjunction with development of the Timberline Property,
Timberline shall construct the Detention Pond at its sole expense, to the
applicable standards of the City of Fort Collins. After construction,
Timberline shall be responsible for maintaining the Detention Pond in good
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