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HomeMy WebLinkAboutSUNRISE RIDGE SECOND FILING - Filed OA-OTHER AGREEMENTS - 2008-07-24CSBD 4/5/06 GRANT OF TEMPORARY CONSTRUCTION EASEMENT and AGREEMENT This Grant of Temporary Construction Easement and Agreement is made this, ' A day of 2007, by and between WILLIAM E. STANDERFER and ANN E. M. STANDERFER, both of 94 N. County Road 15, Fort Collins, Colorado 80524 ("Standerfer") and SUNRISE RIDGE, LLC, a Colorado limited liability company, with its principal place of business at 5101 South County Road 7, Fort Collins, Colorado 80528 ("Sunrise") (collectively, the "Parties"). RECITALS: WHEREAS, Sunrise is the owner of record of a parcel of land in Fort Collins, Colorado, further described on Exhibit A, attached hereto and incorporated herein by this reference ("Sunrise Property'); WHEREAS, Standerfer is the owner of record of 5221 S. County Road 7, Fort Collins, Colorado, further described on Exhibit B. attached hereto and incorporated herein by this reference (the "Standerfer Property'), which is adjacent to and south of the Sunrise Property; WHEREAS, Village Homes is the owner of record of the land adjacent to and west of the Sunrise Property and the Standerfer Property, legally described as Parcel G, Willowbrook ('Parcel G"); WHEREAS, the South Fort Collins Sanitation District (the "District') provides sanitary sewer service to the area in which the Sunrise Property and Standerfer Property are located by an existing sanitary sewer line (the "Sewer Line') located in Parcel G (or the Right of Way on Parcel G or other land of Village Homes adjacent to and West of the Sunrise Property and Standerfer Property), WHEREAS, Sunrise is required under its Development Agreement with the City of Fort Collins to provide sanitary sewer service to the Sunrise Property by constructing a connecting sanitary sewer line (the "Connection Line") from the Sunrise Property to the Sewer Line at the manhole on Parcel G (or in the Right of Way); WHEREAS, the Connection Line must cross the Standerfer Property and Parcel G to connect to the Sewer Line; WHEREAS, Standerfer has agreed to grant to Sunrise a temporary construction easement for the construction and installation of the Connection Line across the Standerfer Property upon the terms herein set forth. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the receipt and sufficiency of which are hereby acknowledged, it is agreed that: f. Standerfer hereby declares, establishes and grants to the District, its successors and assigns, a perpetual, non-exclusive easement on, over, under and across a permanent non-exclusive easement for the installation, construction, maintenance, inspection, operation, replacement, or removal of a sanitary sewer line for the collection and service of sanitary sewer and wastewater, and all underground and surface appurtenances thereto, including metering stations and other fixtures, in, over, across, and upon a 30 foot right-of-way and easement, more particularly described on Exhibit C, attached hereto and incorporated herein by this reference (the "Easement"). In addition to the foregoing grant of easement and right-of-way by Standerfer to the District, Standerfer further grants and conveys to the District the following rights and privileges: A. The right to grade the Easement for the full width thereof in such manner as the District may reasonably determine to be necessary or advisable. B. The right to support pipelines located within the Easement across ravines and watercourses with such structures as the District shall reasonably determine to be necessary or advisable. C. The right of ingress and egress to and from the Easement by means of existing roads (whether public or private) located on the Standerfer Property, if any, or in the absence of such roads, by such other routes as the District shall determine to be reasonably necessary taking into consideration the minimization of damage to the Standerfer Property. Notwithstanding the foregoing, in the event the Standerfer Property is subdivided and in the event roads are dedicated on the plat of such property, which roads provide adequate access to the Easement, then the District's right of ingress and egress over the Standerfer Property to the Easement shall be limited to such dedicated roads. D. The right to grade, construct, maintain, and use any private roads upon the Standerfer Property in such manner as the District may deem necessary or advisable in the exercise of its right of ingress and egress to and from the Easement. E. To install, maintain, and use gates or other livestock barriers on all fences which now cross or hereafter cross the Easement. F. To mark the location of the Easement with markers set in the ground provided that any such markers remaining after the period of construction of the sanitary sewer line and appurtenances shall be placed in locations which will minimize interference with any reasonable use of the Easement area by Standerfer, and their successors and assigns. G. All other rights necessary and incident to the full and complete use and enjoyment of the Easement for the purposes herein granted. Standerfer hereby covenants and agrees to and with the District, its successors and assigns that A. Except as otherwise provided in subparagraph A, Standerfer, their heirs, personal representatives, administrators, successors, and assigns shall not erect or place any permanent building, structure, improvement, fence, tree, or other landscaping on the Easement. In the event of the placement of such obstacles on the Easement contrary to the provisions of this subparagraph A. the District shall have the right to require Standerfer to remove such obstacles from the Easement and, in the event Standerfer fails to do so upon request, the District may remove such obstacles without any liability for repair or replacement thereof. Notwithstanding the foregoing, Standerfer, their heirs, personal representatives, administrators, successors, and assigns shall have the right, without the consent of the District, to plant grasses and other groundcover and small shrubs upon the Easement area which are usual and customary for the full use and enjoyment of the Property. However, the District shall not be responsible for repair or replacement of any "exotic" plantings, ornamental trees, or similar landscaping other than usual and customary ground covering and shrubs. B. Standerfer does hereby covenant and agree to and with the District that Standerfer is lawfully seized of the Easement and the Standerfer Property, and that Standerfer has a good and lawful right to convey the Easement to the District and that Standerfer warrants the title thereto. The District does hereby covenant and agree to and with Standerfer as follows: A. The District shall not fence or otherwise enclose the easement, except during Periods of construction and repair. B. All trenches and excavations made in the laying or repairing of the sanitary sewer line shall be properly backfilled and as much of the original surface soil as reasonably possible shall be placed on top. All large gravel, stones, and clods will be removed from the finished backfill. The District will finish the backfill after normal settling of the soil so that the use and enjoyment of said Easement by Standerfer shall be suitable for the purpose now used. The District will maintain the trench area and the sanitary sewer line. C. In the event the Standerfer Property is being used for grazing purposes, the District agrees that, during the period of construction of the sanitary sewer line or any subsequent alteration, removal or replacement of said sanitary sewer line, the District will leave or arrange for reasonable crossings over the Easement for cattle and livestock of Standerfer and their tenants and lessees. Further, whenever it becomes necessary for the District, its agents or contractors to cut a fence on the Standerfer Property, the District shall, at its option, either keep the gate closed or guarded in such a manner so as to prevent the entrance and exit of cattle or livestock through such opening, or to construction in any one or more places substantial gates with dual locks and to furnish Standerfer with one (1) set of keys thereto. Before any such fence is cut by the District, the fence shall be braced in order to prevent slackening of wires along the fence in each direction from the District's temporary opening. D. In the event the Standerfer Property is being used for production of any crops which require irrigation at the time the pipeline is constructed as set forth in the Agreement, the District agrees, unless otherwise provided, to install and operate flumes or appropriate crossing devices across the Easement at all times during such construction operations. The District further agrees, unless otherwise provided, not to block, dam, or obstruct in any manner any irrigation canal, drainage ditches, or creeks located on the Standerfer Property and further agrees to replace or repair any levees or banks disturbed or damaged by the activities of the District on the Standerfer Property. E. The District shall pay the fair market value for any crops, fences, or livestock of Standerfer, their tenants and lessees which are damaged or destroyed as a result of the construction, operation, and maintenance of the sanitary sewer line. F. To the extent allowed by law, the District shall be liable for loss and damage which shall be caused by any wrongful exercise of the rights or ingress or egress to or from the Easement or by wrongful or negligent acts or omission of its agents or employees during the course of their employment on the Standerfer Property. It is mutually agreed between the parties hereto that: A. Except to the extent that such rights may be inconsistent with or interfere with the rights and privileges herein granted to the District, Standerfer shall retain the right to use and enjoy the Easement. B. The benefit and burdens of this Agreement shall inure to and be binding upon the respective heirs, personal representatives, successors, or assigns of the parties hereto. C. Whenever used herein, the singular shall include the plural and the plural the singular and the use of any gender shall apply to all genders. 2. The parties hereby covenant and agree that neither this grant, nor any rights, benefits or obligations established herein shall be released, terminated, modified, supplemented, amended or waived except pursuant to an instrument in writing executed by the parties, or their respective heirs, successors and assigns. 3. The Easement, rights and benefits granted and established herein may be encumbered to a mortgagee or deed of trust holder taking a mortgage or deed of trust on the Standerfer Property, provided that any such mortgage or deed of trust shall be subject and subordinate to the easement and the rights, benefits and obligations established herein. written. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above STANDERFER: 41 W—i am E. Stan erfer Ann E. M. Standerf¢ SOUTH FORT COLLINS SANITATION DISTRICT, a political subdivision of the state of Colorado By: Michael D. DiTullio, Manager STATE OF COLORADO ) COUNTY OF LARIMER ) ss. The foregoing instrument was acknowledged before me this day o<�, 2007, b William E. Standerfer and Ann E. M. Standerfer. y Witness my hand and official sea, My Commission Expires: IZ 1A ()GI Notary xunc STATE OF COLORADO ) COUNTY OF LARIMER ) ss. The foregoing instrument was acknowledged before me this day of , 2007, by Michael D. DiTullio. Witness my hand and official seal. My Commission Expires: Notary Public EXHIBIT "A" ATTACHED TO AND MADE A PART OF THE GRANT OF EASEMENT and AGREEMENT BETWEEN WILLIAM E. STANDERFER and ANN E.M. STANDERFER AND SOUTH FORT COLLINS SANITATION DISTRICT, A POLITICAL SUBDIVISION OF THE STATE OF COLORADO PARCEL A: A tract of land situate in the Southeast 1/4 of Section 4, Township 6 North, Range 68 West of the Sixth P.M., which, considering the East line of said Southeast 1/4 as bearing South 03"37'29" East, and with all bearings contained herein relative thereto, are more particularly described as follows: Tract"2-A" Begin at a point on the East line of said Southeast 1/4 which bears South 03" 37' 29" East, 653.66 feet from the East 114 corner of said Section 4; thence South 03" 37' 29" East, 331.50 feet along said East line; thence West 662.09 feet to a point on the West line of the East'/2 of the East'/ of said Southeast 1/4; thence North 03"33'16" West, 327.90 feet; thence North 89"41'27" East, 661.47 feet to the Point of Beginning, County of Larimer, State of Colorado. Also known and numbered as 5221 South County Road 7, Fort Collins, CO 80528 EXHIBIT "B" ATTACHED TO AND MADE A PART OF THE GRANT OF EASEMENT and AGREEMENT BETWEEN WILLIAM E. STANDERFER and ANN E.M. STANDERFER AND SOUTH FORT COLLINS SANITATION DISTRICT, A POLITICAL SUBDIVISION OF THE STATE OF COLORADO That �ortion of the NE 114 of the NE 1/4 of the SE 1/4 of Section 4, Township 6 North, Range 68 West of the 6' P.M., County of Larimer. State of Colorado, more particularly described as follows: Considering the East Line of the said SE 14 as bearing N 03°37'29" W and with all bearings contained herein relative thereto, is contained within the boundary lines which begin at the E 1/4 corner of said Section 4, and run thence S 89°35'15" W 30.65 feet along the North line of the said SE 1/4 to a point on the West line of County Road No. 7; thence S 03037'29" E 406,20 feet, more or less, thence N 63037'30" W 25,63 feet; thence along the arc of a 205.60 foot radius curve to the right a distance of 215.30 feet, the long chord of which bears N 33037'30" W 205.60 feet; thence N 03037'30" W 222.35 feet to a point on the North line of the said SE 114; thence S 89 35'15" W 505.36 feet along said North line; thence S 03033'16" E 652.42 feet along the West line of the NE 1/4 of the NE 114 of the said SE 114, thence N 89041'27" E 661.47 feet along the South line of the NE 114 of the NE 1/4 of the said SE 114; thence N03037'29" W 653.66 feet along the East line of the said SE 1/4 to the Point of Beginning, LESS that parcel conveyed to Larimer County in book 1494 at Page 409. County of Larimer, State of Colorado. Also known and numbered as 5101 South County Road 7, Fort Collins, CO 80528 EXHIBIT "C" ATTACHED TO AND MADE A PART OF THE GRANT OF EASEMENT and AGREEMENT BETWEEN WILLIAM E. STANDERFER and ANN E.M. STANDERFER AND SOUTH FORT COLLINS SANITATION DISTRICT, A POLITICAL SUBDIVISION OF THE STATE OF COLORADO Considering the North line of the Southeast Quarter of said Section 4 as bearing South 89°35'15" West and with all bearings contained herein relative thereto: Commencing at the East Quarter comer of said Section 4; thence, South 89035' 15" West, 660.61 feet to a point on the East line of Willow Brook Subdivision; thence, along said East line, South 03'33' 16" East, 950.26 feet to the POINT OF BEGINNING; thence departing said East line, North 90000'00" East, 177.99 feet; thence, North 33°18'41" East, 217.18 feet; thence, North 11°00'37" East, 119.80 feet to a point on the South line of Sunrise Ridge First Filing; thence along said South line, North 89°41'27" East, 30.60 feet; thence departing said South line, South I V0057" West, 131.72 feet; thence, South 3301841" West, 239.28 feet; thence, North 90000'00" West, 192.31 feet to a point on the East line of Willow Brook Subdivision; thence along said East line, North 03°33' 16" West, 30.06 feet to the POINT OF BEGINNING. The above described utility easement contains 16,174 square feet or 0.371 acres more or less and is subject to all easements and rights -of -way now on record or existing. NORTHERN ADDRESS; PHONE: 970.221.4158 ENGINEERING 200 S. CollegeAve. Suite Io0 N'E iui'tt Fort Collins, CO 80524 FAX: 970.221.4159 www.northernengineering.com DESCRIPTION: SANITARY SEWER EASEMENT A sanitary sewer easement located in the Southeast Quarter of Section 4, Township 6 North, Range 68 West of the 6th Principal Meridian, City of Fort Collins, Con ty of Larimer, State of Colorado being more particularly described as follows: Considering the North line of the Southeast Quarter of said Section 4 as bearing South 89°35'15" West and with all bearings contained herein relative thereto: Commencing at the East Quarter comer of said Section 4; thence, South 89°35' 15" West, 660.61 feet to a point on the East line of Willow Brook Subdivision; thence, along said East line, South 03033' 16" East, 950.26 feet to the POINT OF BEGINNING; thence departing said East line, North 90°00'00" East, 177.99 feet; thence, North 33°18'41" East, 217.18 feet; thence, North 11'00'37" East, 119.80 feet to a point on the South line of Sunrise Ridge First Filing; thence along said South line, North 89°41'27" East, 30.60 feet; thence departing said South line, South 11'00'37" West, 131.72 feet; thence, South 33'18'41" West, 239.28 feet; thence, North 90100'00,, West, 192.31 feet to a point on the East line of Willow Brook Subdivision; thence along said East line, North 03°33'16" West, 30.06 feet to the POINT OF BEGINNING. The above described utility easement contains 16,174 square feet or 0.371 acres more or less and is subject to all easements and rights -of -way now on record or existing. December 5, 2006 SRR [04-131] Wtr SASuroey JobSISRR%DescriptionslSRR [04-1311 30' SANITARY ESMT 5-10-06.doc EXHIBIT A SANITARY SEWER EASEMENT LOCATED IN THE SOUTHEAST 1/4 OF SECTION 41 TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE 6th P.M., CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO. ` (RECORDEDS89°07'31"E) _ 660.61' BASIS OF BEARING S 89° 3515" 1 I NORTH LINE OF THE SOUTHEAST QUARTER, SECTION 4, T6N, CENTER 1/4 `JJ- CORNER SECTION 4-6-68 SUNRISE RIDGE FIRST FILING POINT OF COMMENCEMENT EAST 1/4 CORNER SECTION 4-6-68 N 89°41'27" E 30.60' N w SANITARY 2 ^ w SEWER WILLOW EASEM ENT BROOK SUBDIVISION O m 16,174 sq. ft. 0 0.371 acres \ ^ V) _n POINT OF BEGINNING I- - N 03033-16" Wig 30.06' I II I I li I I I I I I SCALE 1"=100' mo9miw x,"...3W1. ioo fall'n11m. Gkrfb G9339 tq NORTHERN ENGINEERING PNgiF:9]P$$I.OIN fM; 9]0.$$IA139 ww.neM.�mn9inw�ln6mm NOW, THEREFORE, in consideration of the mutual covenants contained herein, the receipt and sufficiency of which are hereby acknowledged, it is agreed that: 1. Standerfer hereby declares, establishes and grants to Sunrise an exclusive temporary construction easement on, over, under and across a portion of the Standerfer Property (the "Easement"), for the purposes of constructing and installing the Connection Line from a point on the boundary line between Parcel G and the Standerfer Property across the Standerfer Property to a point on the boundary line between the Standerfer Property and the Sunrise Property. The Easement shall be as more fully described on Exhibit C. attached hereto and incorporated herein by this reference. (Will need the legal description of the actual easement being prepared by Northern Engineering.) 2. Standerfer, for themselves and their heirs and assigns, further covenants and agrees to do nothing and allow nothing to be done which would prevent or hinder Sunrise, its agents and hires, from access to and use of the Easement for the construction purposes for which it is granted. 3. Sunrise, for itself and its assigns, agrees to restore and repair the grounds, pavement and landscaping, if any, on the Standerfer Property, which may be damaged or disturbed by Sunrise, its agents or hires, in accessing and using the Easement for the construction purposes for which it is granted. 4. The Parties hereby covenant and agree that this Grant, and all rights, benefits or obligations established herein shall be terminated and released by Standerfer upon completion by Sunrise of the construction and installation of the Connection Line in accordance with this temporary construction Easement, to the satisfaction of Standerfer, but in any event no later than December 31 2007. 5. The Easement, rights and benefits granted and established herein may be encumbered to a mortgagee or deed of trust holder taking a mortgage or deed of trust on the Standerfer Property, provided that any such mortgage or deed of trust shall be subject and subordinate to the Easement and the rights, benefits and obligations established herein. Executed as of the day and year first written above. �Vllliam E. Standerfer SUNRISE RIDGE, LLC, a Colorado limited liability company Kelfy Smith, lanager Ann E. M. Standerfer EXPLANATION OF GRANT OF TEMPORARY CONSTRUCTION EASEMENT SEWER LINE ON STANDERFER LAND This is the document by which William E. Standerfer and Ann E. M. Standerfer grant a temporary construction easement to Sunrise Ridge, LLC for the purpose of construction and installation of a sanitary sewer line across a portion of the Standerfer property. Sunrise Ridge, LLC agrees to restore and repair the grounds in the Standerfer property which will be disrupted by the installation of the sewer line. CS&D 5/17/06 GRANT OF TEMPORARY CONSTRUCTION EASEMENT and AGREEMENT This Grant of Temporary Construction Easement and Agreement is made this .2 -day of -4,�,� , 2006, by and between WILLIAM E. STANDERFER and ANN E. M. STANDE R, both of 9430 N. County Road 15, Fort Collins, Colorado 80524 ("Standerfer") and SUNRISE RIDGE, LLC, a Colorado limited liability company, with its principal place of business at 7890 Pheasant Run Lane, Wellington, Colorado 80549 ("Sunrise") (collectively, the "Parties"). RECITALS: WHEREAS, Sunrise is the owner of record of a parcel of land in Fort Collins, Colorado, further described on Exhibit A, attached hereto and incorporated herein by this reference ("Sunrise Property"); WHEREAS, Standerfer is the owner of record of 5221 S. County Road 7, Fort Collins, Colorado, further described on Exhibit B, attached hereto and incorporated herein by this reference (the "Standerfer Property"), which is adjacent to and south of the Sunrise Property; WHEREAS, Observatory Village Master Association ("OVMA") is the owner of record of the land adjacent to and west of the Sunrise Property and the Standerfer Property, legally described as Parcel G, Willowbrook ("Parcel G"); WHEREAS, the South Fort Collins Sanitation District (the "District") provides sanitary sewer service to the area in which the Sunrise Property and Standerfer Property are located by an existing sanitary sewer line (the "Sewer Line") which is located in the Northern Lights Drive right of way in Parcel G adjacent to and southwest of the Sunrise Property and Standerfer Property); WHEREAS, Sunrise is required under its Development Agreement with the City of Fort Collins to provide sanitary sewer service to the Sunrise Property by constructing a connecting sanitary sewer line (the "Connection Line") from the Sunrise Property to the Sewer Line in the Northern Lights Drive right of way on Parcel G; WHEREAS, the Connection Line must cross the Standerfer Property and Parcel G to connect to the Sewer Line; WHEREAS, Standerfer has agreed to grant to Sunrise a temporary construction easement for the construction and installation of the Connection Line across the Standerfer Property upon the terms herein set forth. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the receipt and sufficiency of which are hereby acknowledged, it is agreed that: 1. Standerfer hereby declares, establishes and grants to Sunrise an exclusive temporary construction easement on, over, under and across a portion of the Standerfer Property (the "Easement'), for the purposes of constructing and installing the Connection Line from a point on the boundary line between Parcel G and the Standerfer Property across the Standerfer Property to a point on the boundary line between the Standerfer Property and the Sunrise Property. The Easement shall be as more fully described on Exhibit C, attached hereto and incorporated herein by this reference. 2. Standerfer, for themselves and their heirs and assigns, further covenants and agrees to do nothing and allow nothing to be done which would prevent or hinder Sunrise, its agents and hires, from access to and use of the Easement for the construction purposes for which it is granted. 3. Sunrise, for itself and its assigns, agrees to restore and repair the grounds, pavement and landscaping, if any, on the Standerfer Property, which may be damaged or disturbed by Sunrise, its agents or hires, in accessing and using the Easement for the construction purposes for which it is granted. 4. The Parties hereby covenant and agree that this Grant, and all rights, benefits or obligations established herein shall be terminated and released by Standerfer upon completion by Sunrise of the construction and installation of the Connection Line in accordance with this temporary construction Easement, to the satisfaction of Standerfer, but in any event no later than , 2006. 5. The Easement, rights and benefits granted and established herein may be encumbered to a mortgagee or deed of trust holder taking a mortgage or deed of trust on the Standerfer Property, provided that any such mortgage or deed of trust shall be subject and subordinate to the Easement and the rights, benefits and obligations established herein. Executed as of the day and year first written above. William E. Standerfer Ann E. M. Standerfer SUNRISE RIDGE, LLC, a Colorado limited liability company Kelly Smith;Alanager STATE OF COLORADO ) ss. COUNTY OF LARIMER ) The above and foregoing Grant of Temporary Construction Easement and Agreement was sworn to and acknowledged before me this day of 2006, by William E. Standerfer and Ann E. M. Standerfer. Witness my hand and seal: My Commission expires: 4,AV)q STATE OF COLORADO ) ss. COUNTY OF LARIMER ) The above and foregoing Grant of Temporary Construction Easement and Agreement was sworn to and acknowledged before me this D4' day of /z. 2006, by Kelly Smith, Manager of Sunrise Ridge, LLC. Witness my hand and seal: My Commission expires: o74'oiD4! .� Notary Public NOTARY —p— PUBLIC EXHIBIT "A" ATTACHED TO AND MADE A PART OF THE GRANT OF TEMPORARY CONSTRUCTION EASEMENT and AGREEMENT BETWEEN WILLIAM E. STANDERFER and ANN E.M. STANDERFER AND SUNRISE RIDGE, LLC. Legal Description of the "Sunrise Property" That portion of the NE 1/4 of the NE 1/4 of the SE 1/4 of Section 4, Township 6 North, Range 68 West of the 60' P.M., County of Larimer, State of Colorado, more particularly described as follows: Considering the East Line of the said SE 14 as bearing N 03"37'29" W and with all bearings contained herein relative thereto, is contained within the boundary lines which begin at the E 1/4 corner of said Section 4, and run thence S 89035'15" W 30.65 feet along the North line of the said SE 1/4 to a point on the West line of County Road No. 7; thence S 03°37'29" E 406.20 feet, more or less, thence N 63°37'30" W 25.63 feet; thence along the are of a 205.60 foot radius curve to the right a distance of 215.30 feet, the long chord of which bears N 33°37'30" W 205.60 feet; thence N 03°37'30" W 222.35 feet to a point on the North line of the said SE 1/4; thence S 89035'15" W 505.36 feet along said North line; thence S 03°33116" E 652.42 feet along the West line of the NE 1/4 of the NE 1/4 of the said SE 1/4, thence N 89°41'27" E 661.47 feet along the South line of the NE 1/4 of the NE 1/4 of the said SE 1/4; thence NO3°37'29" W 653.66 feet along the East line of the said SE 1/4 to the Point of Beginning, LESS that parcel conveyed to Larimer County in book 1494 at Page 409. County of Larimer, State of Colorado. Also known and numbered as 5101 South County Road 7, Fort Collins, CO 80528 4 EXHIBIT "B" ATTACHED TO AND MADE A PART OF THE GRANT OF TEMPORARY CONSTRUCTION EASEMENT and AGREEMENT BETWEEN WILLIAM E. STANDERFER and ANN E.M. STANDERFER AND SUNRISE RIDGE, LLC. Legal Description of the "Standerfer Property" A tract of land situate in the Southeast 1/4 of Section 4, Township 6 North, Range 68 West of the Sixth P.M., which, considering the East line of said Southeast 1/4 as bearing South 03037'29" East, and with all bearings contained herein relative thereto, are more particularly described as follows: Tract 112-A" Begin at a point on the East line of said Southeast 1/4 which bears South 03' 37' 29" East, 653.66 feet from the East 1/4 comer of said Section 4; thence South 03' 37' 29" East, 331.50 feet along said East line; thence West 662.09 feet to a point on the West line of the East'/z of the East'/] of said Southeast 1/4; thence North 03°33'16" West, 327.90 feet; thence North 89°41'27" East, 661.47 feet to the Point of Beginning, County of Larimer, State of Colorado. Also known and numbered as 5221 South County Road 7, Fort Collins, CO 80528 EXHIBIT "C" ATTACHED TO AND MADE A PART OF THE GRANT OF TEMPORARY CONSTRUCTION EASEMENT AND AGREEMENT BETWEEN WILLIAM E. STANDERFER and ANN E.M. STANDERFER and SUNRISE RIDGE, LLC. Legal Description of Easement A construction easement located in the Southeast Quarter of Section 4, Township 6 North, Range 68 West of the 6`h Principal Meridian, City of Fort Collins, County of Larimer, State of Colorado being more particularly described as follows: Considering the North line of the Southeast Quarter of said Section 4 as bearing South 89035'15" West and with all bearings contained herein relative thereto: Commencing at the East Quarter comer of said Section 4; thence, South 89035'15" West, 660.61 feet to a point on the East line of Willow Brook Subdivision; thence, along said East line, South 03°33'16" East 920.20 feet to the POINT OF BEGINNING; thence departing said East line, North 90000'00" East, 275.83 feet; thence North 20°10'44" West, 174.93 feet; thence, North 15°42'26" East, 108.54 feet to a point on the South line of Sunrise Ridge First Filing; thence along said South line, North 89°41'27" East, 31.21 feet, thence, South 15°42'26" West, 107.44 feet; thence, South 20° 10'44" East, 152.10 feet; thence, South 00°53'57" West, 52.66 feet thence, North 90°00'00" West, 296.78 feet to a point on the East line of Willow Brook Subdivision; thence along said East line, North 03°33'16" West, 30.06 feet to the POINT OF BEGINNING. The above described construction easement contains 17,347 square feet or 0.398 acres more or less and is subject to all easements and rights -of -way now on record or existing. 3 EXHIBIT FOF CONSTRUCTION EASEMENT LOCATED IN THE SOUTHEAST 1/4 CTION 4, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE 6th P.M., OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO. RECORDED S89"07'31"E! _ 660.61' 1 BASIS BEARING 89° 15" W 1 NORTH LINE OF THE SOUTHEAST QUARTER. SECTIOTIN N 4, T6N, R68W CENTER 1/4 CORNER SECTION 4-6-68 �i POINT OF COMMENCEMENT EAST 1/4 CORNER SECTION 4-6-68 I €' 1 SUNRISE RIDGE 1 FIRST FILING of 1 N 89041'27" E �I SOUTH LINE OFSUNRLSE RIDGE FIRST FILM 31.21' L I N� N- I vI w 7� Naf+ ti Z I o CONSTRUCTION h m W EASEMENT WILLOW BROOK o `� 17,347 sq. ft. a N \\ SUBDIVISION 0.398 acres p o, y \ POINT OF BEGINNING�1�„ N 9000 '00" E 275.83' �w N 03"33'16T-W---- 30.06' -- S 00"53'57" W N 90000'00" W 296.78' 52.66' I I ------------- I I I I I 1 i I I I I SCALE I NORTHERN ®NORTH 1 =100 ENGINEERING xaosmwa wV..,. sew. m FNor<,�nwvrrx:+Amwv M16AIM1�. fabW B06x4 �dw�� EXPLANATION OF GRANT OF EASEMENT AND AGREEMENT FOR OPEN WATER STORM WATER DRAINAGE This is the document by which William E. Standerfer and Ann E. M. Standerfer grant a permanent easement to Sunrise Ridge LLC for the purpose of constructing and maintaining an open channel for storm water drainage across the northern edge of their property from what will be Sunglow Court to the detention pond. CS&D 6/19/06 GRANT OF EASEMENT and AGREEMENT This Grant of Easement and Agreement is made this ;-q-arL day of 71J 2006, by and between WILLIAM E. STANDERFER and A M. STANDERFER, both of 9430 N. County Road 15, Fort Collins, Colorado 80524 ("Standerfer") and SUNRISE RIDGE, LLC, a Colorado limited liability company, with its principal place of business at 7890 Pheasant Run Lane, Wellington, Colorado 80549 ("Sunrise") (collectively, the "Parties"). RECITALS: WHEREAS, Sunrise is the owner of record of a parcel of land in Fort Collins, Colorado, further described on Exhibit A, attached hereto and incorporated herein by this reference ("Sunrise Property"); WHEREAS, Standerfer is the owner of record of 5221 S. County Road 7, Fort Collins, Colorado, further described on Exhibit B, attached hereto and incorporated herein by this reference (the "Standerfer Property"), which is adjacent to and south of the Sunrise Property; WHEREAS, Observatory Village Master Association is the owner of record of the land adjacent to and west of the Sunrise Property and the Standerfer Property, legally described as Parcel G, Willowbrook ("Parcel G"); WHEREAS, Sunrise is required under its Development Agreement with the City of Fort Collins to provide storm water drainage for the Sunrise Property by increasing the capacity of the existing detention pond on Parcel G (the "Detention Pond") with an expansion of the Detention Pond onto the southwest comer of the Sunrise Property and the western portion of the Standerfer Property; WHEREAS, Standerfer has granted to Sunrise an easement for the construction and maintenance of the expansion of the Detention Pond on the Standerfer Property; WHEREAS, Sunrise has completed the said expansion of the Detention Pond on the Standerfer Property in accordance with said easement; and WHEREAS, Sunrise requires, and Standerfer has agreed to grant, an easement across the Standerfer Property for purposes of constructing and maintaining an open channel for storm water drainage from the Sunrise Property to the Detention Pond. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the receipt and sufficiency of which are hereby acknowledged, it is agreed that: STATE OF COLORADO ) ) ss. COUNTY OF LARIMER ) The above and foregoing Grant of Temporary onstruction Easement and Agreement was sworn to and acknowledged before me this ��day of --�� 2007, by William E. Standerfer and Ann E. M. Standerfer. Witness my hand and seal: My Commission expires: 1) k4 10 STATE OF COLORADO ) ) ss. COUNTY OF LARIMER ) _ l -4 Nat Pu The above and foregoing Grant of Temporary Construction Easement and Agreement was sworn to and acknowledged before me this day of fib. Sunrise Ridge, LLC. 2007, by Kelly Smith, Manager of Witness my hand and seal: My Commission expires: 523-,)O10 Notary Public 1. Standerfer hereby declares, establishes and grants to Sunrise a non-exclusive easement on, over, under and across a portion of the Standerfer Property (the "Easement'), for the purposes of constructing and maintaining an open channel for storm water drainage. The Easement shall be as more fully described on Exhibit C, attached hereto and incorporated herein by this reference. 2. Standerfer, for themselves and their heirs and assigns, further covenants and agrees to do nothing and allow nothing to be done which would prevent or hinder Sunrise, its agents and hires, from access to and use of the Easement for the construction and maintenance purposes for which it is granted. 3. Sunrise, for itself and its assigns, agrees to restore and repair the grounds, pavement and landscaping, if any, on the Standerfer Property, which may be damaged or disturbed by Sunrise, its agents or hires, in accessing and using the Easement for the construction and maintenance purposes for which it is granted, provided that such restoration and repair shall be consistent with the construction and use of the open channel for storm water drainage purposes. 4. The Easement, rights and benefits granted and established herein may be encumbered to a mortgagee or deed of trust holder taking a mortgage or deed of trust on the Standerfer Property, provided that any such mortgage or deed of trust shall be subject and subordinate to the Easement and the rights, benefits and obligations established herein. Executed as of the day and year first written above. William E. Standerfer SUNRISE RIDGE, LLC, a Colorado limited liability company & iii.. Kelly Smith&anager STATE OF COLORADO ) ss. COUNTY OF LARIMER ) The above and foregoing Grant of Easement and Agreement was sworn to and acknowledged before me this Ak day of 2006, by William E. Standerfer and Ann E. M. Standerfer. Witness my hand and seal: My Commission expires: l I ug 1 No P lic STATE OF COLORADO ) ss. COUNTY OF LARIMER ) The above and foregoing Grant of Easement and Agreement was sworn to and acknowledged before me this 4.040 day of, 2006, by Kelly Smith, Manager of Sunrise Ridge, LLC. Witness my hand and seal: My Commission expires: ys� r Notary Public NOTARY - 0- PL18UC. EXHIBIT "A" ATTACHED TO AND MADE A PART OF THE GRANT OF EASEMENT AND AGREEMENT BETWEEN WILLIAM E. STANDERFER and ANN E.M. STANDERFER and SUNRISE RIDGE, LLC. Legal Description of the "Sunrise Property" That portion of the NE 1/4 of the NE 1/4 of the SE 1/4 of Section 4, Township 6 North, Range 68 West of the 6" P.M., County of Larimer, State of Colorado, more particularly described as follows: Considering the East Line of the said SE 14 as bearing N 03°37'29" W and with all bearings contained herein relative thereto, is contained within the boundary lines which begin at the E 1/4 comer of said Section 4, and run thence S 89035'15" W 30.65 feet along the North line of the said SE 1/4 to a point on the West line of County Road No. 7; thence S 03"37'29" E 406.20 feet, more or less, thence N 63037130" W 25.63 feet; thence along the arc of a 205.60 foot radius curve to the right a distance of 215.30 feet, the long chord of which bears N 33°37'30" W 205.60 feet; thence N 03037'30" W 222.35 feet to a point on the North line of the said SE 1/4; thence S 89°35' 15" W 505.36 feet along said North line; thence S 03'33'16" E 652.42 feet along the West line of the NE 1/4 of the NE 1/4 of the said SE 1/4, thence N 89°41127" E 661.47 feet along the South line of the NE 1/4 of the NE 1/4 of the said SE 1/4; thence NO3°37'29" W 653.66 feet along the East line of the said SE 1/4 to the Point of Beginning, LESS that parcel conveyed to Larimer County in book 1494 at Page 409. County of Larimer, State of Colorado. Also known and numbered as 5101 South County Road 7, Fort Collins, CO 80525 EXHIBIT "B" ATTACHED TO AND MADE A PART OF THE GRANT OF EASEMENT AND AGREEMENT BETWEEN WILLIAM E. STANDERFER and ANN E.M. STANDERFER and SUNRISE RIDGE, LLC. Legal Description of the "Standerfer Property" A tract of land situate in the Southeast 1/4 of Section 4, Township 6 North, Range 68 West of the Sixth P.M., which, considering the East line of said Southeast 1/4 as bearing South 03°37'29" East, and with all bearings contained herein relative thereto, are more particularly described as follows: Tract "2-A" Begin at a point on the East line of said Southeast 1/4 which bears South 03' 37' 29" East, 653.66 feet from the East 1/4 corner of said Section 4; thence South 03' 3729" East, 331.50 feet along said East line; thence West 662.09 feet to a point on the West line of the East '/2 of the East '/2 of said Southeast 1/4; thence North 03°33' 16" West, 327.90 feet; thence North 89°41'27" East, 661.47 feet to the Point of Beginning, County of Larimer, State of Colorado. EXHIBIT "C" ATTACHED TO AND MADE A PART OF THE GRANT OF EASEMENT AND AGREEMENT BETWEEN WILLIAM E. STANDERFER and ANN E.M. STANDERFER and SUNRISE RIDGE, LLC. Legal Description of Easement A 25' easement located in the Southeast Quarter of Section 4, Township 6 North, Range 68 West of the 6"' Principal Meridian, City of Fort Collins, County of Larimer, State of Colorado being more particularly described as follows: Considering the North line of the Southeast Quarter of said Section 4 as bearing South 89°35'15" West and with all bearings contained herein relative thereto: Commencing at the East Quarter comer of said Section 4; thence, South 89'35'15" West, 660.61 feet to a point on the East line of Willow Brook Subdivision; thence, along said East line, South 03°33'16" East, 652.,42 feet to the Southwest corner of Sunrise Ridge First Filing; thence along the South line of said Subdivision, 89°41'27" East, 103.78 feet to the POINT OF BEGINNING; thence along said South line, North 89°41'27" East, 220.12 feet; thence departing said South line, South 00018'32" East, 25.00 feet; thence, South 89°41'27" West, 228.15 feet; thence North 17°29'40" East, 26.26 feet to the POINT OF BEGINNING. The above described drainage easement contains 5,603 square feet or 0.129 acres more or less and is subject to all easements and rights -of -way now on record or existing. EXHIBIT A 25' DRAINAGE EASEMENT LOCATED IN THE SOUTHEAST 1/4 OF SECTION 4, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE 6th P.M., CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO. (RECORDEDS89'07'31'E CENTER 1/4 1/4 CORNER SECTION 4-6-68 m I�j I. o 0 _ 660.61' BASIS OF BEARING S 89° 35' 15" 1 NORTH LINE OF THE SOUTHEAST QUARTER, SECTION 4, TSN, NIW POINT OF o Im BEGINNING W SUNRISE RIDGE FIRST HUNG IG W C IN I Nejo37S,E N 89°41'27" E SWTHW TCIXitER SIIHRISE RIIX£ FPST FILN6 IN 17°29'40" E S 89°4127" W 26.26' DRAINAGE EASEMENT( 5,603 sq.ft. WILLOW BROOK 0.129 acres \ SUBDIVISION \ i I I I r-- I I I I I I I I 1 I I I POINT OF W COMMENCEMENT EAST 1/4 CORNER SECTION 4-6-68 220.12' SUNRISE RIDGE SECOND FILING \ 1 ---------------------------------- ` I I I I I J SCALE 1"=100' ]m9 WIO MW., Suh IW M GIB fibtl mli4 E NORTHERN ENGINEERING ,YIVE.97P22L41M W,97MULAIN •v".IWMVN�IX.mn EXPLANATION OF GRANT OF EASEMENT AND AGREEMENT DETENTION POND This is the document by which William E. Standerfer and Ann E. M. Standerfer grant an easement to Sunrise Ridge, LLC for the purpose of construction and maintaining the expansion of the Detention Pond which will be located on a portion of the Standerfer property. Sunrise Ridge, LLC agrees to repair and maintain the grounds in the Standerfer property which will be disrupted and altered by the expanded Detention Pond. CS&D 5/5/06 GRANT OF EASEMENT and AGREEMENT This Grant of Easement and Agreement is made this lq!� ' day of 7�u-k 7r 2006, by and between WILLIAM E. STANDERFER and ANN E. M. STANDERFrR, both of 9430 N. County Road 15, Fort Collins, Colorado 80524 ("Standerfer") and SUNRISE RIDGE, LLC, a Colorado limited liability company, with its principal place of business at 7890 Pheasant Run Lane, Wellington, Colorado 80549 ("Sunrise") (collectively, the "Parties"). RECITALS: WHEREAS, Sunrise is the owner of record of a parcel of land in Fort Collins, Colorado, further described on Exhibit A, attached hereto and incorporated herein by this reference ("Sunrise Property"); WHEREAS, Standerfer is the owner of record of 5221 S. County Road 7, Fort Collins, Colorado, further described on Exhibit B, attached hereto and incorporated herein by this reference (the "Standerfer Property"), which is adjacent to and south of the Sunrise Property; WHEREAS, Observatory Village Master Association is the owner of record of the land adjacent to and west of the Sunrise Property and the Standerfer Property, legally described as Parcel G, Willowbrook ("Parcel G"); WHEREAS, Sunrise is required under its Development Agreement with the City of Fort Collins to provide storm water drainage for the Sunrise Property by increasing the capacity of the existing detention pond on Parcel G (the "Detention Pond") with an expansion of the Detention Pond onto the southwest corner of the Sunrise Property and the western portion of the Standerfer Property; WHEREAS, Standerfer has agreed to grant to Sunrise an easement for the construction and maintenance of the expansion of the Detention Pond on the Standerfer Property upon the terms herein set forth. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the receipt and sufficiency of which are hereby acknowledged, it is agreed that: 1. Standerfer hereby declares, establishes and grants to Sunrise an exclusive permanent easement on, over, under and across a portion of the Standerfer Property (the "Easement'), for the purposes of constructing and maintaining the expansion of the Detention Pond. The Easement shall be as more fully described on Exhibit C, attached hereto and incorporated herein by this reference. hires, from access to and use of the Easement for the construction and maintenance purposes for which it is granted. 3. Sunrise, for itself and its assigns, agrees to restore and repair the grounds, pavement and landscaping, if any, on the Standerfer Property, which may be damaged or disturbed by Sunrise, its agents or hires, in accessing and using the Easement for the construction and maintenance purposes for which it is granted. 4. The Easement, rights and benefits granted and established herein may be encumbered to a mortgagee or deed of trust holder taking a mortgage or deed of trust on the Standerfer Property, provided that any such mortgage or deed of trust shall be subject and subordinate to the Easement and the rights, benefits and obligations established herein. Executed as of the day and year first written above. William derfe" r _. SUNRISE RIDGE, LLC, a Colorado limited liability company By: .� _� :L I�Kelly Smith, Manager `A STATE OF COLORADO ) ss. COUNTY OF LARIMER ) The above � and foregoing rant of Easement and Agreement was sworn to and acknowledged before me this a� day of ( 2006, by William E. Standerfer and Ann E. M. Standerfer. Witness my hand and sea] My Commission expires: STATE OF COLORADO ) ss. COUNTY OF LARIMER ) The above and foregoing Grant of Easement and Agreement was sworn to and acknowledged before me this D6) day of , 2006, by Kelly Smith, Manager of Sunrise Ridge, LLC. Witness my hand and seal: My Commission expires: ..-7 .M ,7009 Notary Public NOTARY 0- PUBLIC, EXHIBIT "A" ATTACHED TO AND MADE A PART OF THE GRANT OF TEMPORARY CONSTRUCTION EASEMENT and AGREEMENT BETWEEN WILLIAM E. STANDERFER and ANN E.M. STANDERFER AND SUNRISE RIDGE, LLC. That Fortiori of the NE 114 of the NE 1/4 of the SE 1/4 of Section 4, Township 6 North, Range 68 West of the 6' P.M., County of Larimer. State of Colorado, more particularly described as follows: Considering the East Line of the said SE 14 as bearing N 03037'29" W and with all bearings contained herein relative thereto, is contained within the boundary lines which begin at the E 1/4 corner of said Section 4, and run thence S 89035'15" W 30.65 feet along the North line of the said SE 1/4 to a point on the West line of County Road No. 7; thence S 03 37'29" E 406.20 feet, more or less, thence N 63037'30" W 25.63 feet, thence along the arc of a 205.60 foot radius curve to the right a distance of 215.30 feet, the long chord of which bears N 33037'30" W a205.60 feet; thence N 03037'30" W 222.35 feet to a point on the North line of the said SE 1/4; thence S 89 35'15" W 505.36 feet along said North line; thence S 03033'16" E 652.42 feet along the West line of the NE 1/4 of the NE 1/4 of the said SE 1/4, thence N 89041,27" E 661.47 feet along the South line of the NE 1/4 of the NE 114 of the said SE 1/4; thence N03037'29" W 653.66 feet along the East line of the said SE 114 to the Point of Beginning. LESS that parcel conveyed to Larimer County in book 1494 at Page 409. County of Larimer. State of Colorado. Also known and numbered as 5101 South County Road 7, Fort Collins, CO 80525 EXHIBIT "A" ATTACHED TO AND MADE A PART OF THE GRANT OF EASEMENT AND AGREEMENT BETWEEN WILLIAM E. STANDERFER and ANN E.M. STANDERFER and SUNRISE RIDGE, LLC. Legal Description of the "Sunrise Property" That portion of the NE 1/4 of the NE 1/4 of the SE 1/4 of Section 4, Township 6 North, Range 68 West of the 61h P.M., County of Larimer, State of Colorado, more particularly described as follows: Considering the East Line of the said SE 14 as bearing N 03°37'29" W and with all bearings contained herein relative thereto, is contained within the boundary lines which begin at the E 1/4 corner of said Section 4, and run thence S 89°35'15" W 30.65 feet along the North line of the said SE 1/4 to a point on the West line of County Road No. 7; thence S 039729" E 406.20 feet, more or less, thence N 63°37'30" W 25.63 feet; thence along the arc of a 205.60 foot radius curve to the right a distance of 215.30 feet, the long chord of which bears N 33°37'30" W 205.60 feet; thence N 03037'30" W 222.35 feet to apoint on the North line of the said SE 1/4; thence S 899515" W 505.36 feet along said North line; thence S 039311611 E 652.42 feet along the West line of the NE 1/4 of the NE 1/4 of the said SE 1/4, thence N 89°41'27" E 661.47 feet along the South line of the NE 1/4 of the NE 1/4 of the said SE 1/4; thence NO3°37'29" W 653.66 feet along the East line of the said SE 1/4 to the Point of Beginning, LESS that parcel conveyed to Larimer County in book 1494 at Page 409. County of Larimer, State of Colorado. Also known and numbered as 5101 South County Road 7, Fort Collins, CO 80525 0 EXHIBIT `B" ATTACHED TO AND MADE A PART OF THE GRANT OF EASEMENT AND AGREEMENT BETWEEN WILLIAM E. STANDERFER and ANN E.M. STANDERFER and SUNRISE RIDGE, LLC. Legal Description of the "Standerfer Property" A tract of land situate in the Southeast 1/4 of Section 4, Township 6 North, Range 68 West of the Sixth P.M., which, considering the East line of said Southeast 1/4 as bearing South 03°37'29" East, and with all bearings contained herein relative thereto, are more particularly described as follows: Tract "2-A" Begin at a point on the East line of said Southeast 1/4 which bears South 03' 37' 29" East, 653.66 feet from the East 1/4 corner of said Section 4; thence South 03° 37' 29" East, 331.50 feet along said East line; thence West 662.09 feet to a point on the West line of the East '/z of the East %2 of said Southeast 1/4; thence North 03°33'16" West, 327.90 feet; thence North 89°41'27" East, 661.47 feet to the Point of Beginning, County of Larimer, State of Colorado. EXHIBIT "C" ATTACHED TO AND MADE A PART OF THE GRANT OF EASEMENT AND AGREEMENT BETWEEN WILLIAM E. STANDERFER and ANN E.M. STANDERFER and SUNRISE RIDGE, LLC. Legal Description of Easement A drainage easement located in the Southeast Quarter of Section 4, Township 6 North, Range 68 West of the 6th Principal Meridian, City of Fort Collins, County of Larimer, State of Colorado being more particularly described as follows: Considering the North line of the Southeast Quarter of said Section 4 as bearing South 89°35'15" West and with all bearings contained herein relative thereto: Commencing at the East Quarter corner of said Section 4; thence, South 89°35' 15" West, 660.61 feet; thence, South 03°33'16" East 652.42 feet to the southwest corner of Sunrise Ridge First Filing the point being the POINT OF BEGINNING; thence along the South line of Sunrise Ridge First Filing, North 89°41'27" East, 103.78 feet; thence departing said South line, South 17°29'40" West, 40.64 feet; thence, South 00024'01" East, 146.80 feet; thence, South 14°34'22" East, 116.01 feet; thence, due West, 103.31 feet tot he East line of Willow Brook Subdivision; thence along said East line, North 03*33'16" West, 297.84 feet to the POINT OF BEGINNING. The above described drainage easement contains 26,562 square feet or 0.610 acres more or less and is subject to all easements and rights -of -way now on record or existing. EXHIBIT A DRAINAGE EASEMENT BEING A PORTION OF THE SOUTHEAST 1/4 OF SECTION 4, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE 6th P.M., CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO. RECORDED S89°07'31"E > 660.61' I BASIS OF BEARING S 89° 35' 15" W NORTH LINE OF THE SOUTHEAST QUARTER, SECTION 4, T6N, R68W CENTER 1/4 CORNER I SECTION 4-6-68 WI I- ZD Iva POINT OF COMMENCEMENT W ILL EAST 1/4 CORNER w it, SECTION 4-6-68 0 1 / OIO K �N SUNRISE RIDGE FIRST FILING ....I N 89°p41127" E 103.78' SOUTH LINE OFSUNRISE RIDGE FIRST FILING SOUTHWEST GORNER SUNRISE RIDGE RRST FILING p p �.a� S 17029'40„ YY POINT OF 40.641 BEGINNING WILLOW BROOK p� SUBDIVISION _ SUNRISE RIDGE SECOND FILING DRAINAGE EASEMENT 26,562 sq. ft. 0.610 acres SCALE 1"=100' moauly. �. sw as Fanuam, rm.e. amx� NORTHERN ENGINEERING PNC°L 9J9.1]IaIY fM: 9J0331 s1a9 EXPLANATION OF GRANT OF TEMPORARY CONSTRUCTION EASEMENT DETENTION POND This is the document by which Observatory Village Master Association, Inc. grants a temporary construction easement to Sunrise Ridge, LLC for the purpose of expanding the size and capacity and altering the shape and contours of the Detention Pond. Sunrise Ridge, LLC agrees to restore and repair the grounds in Parcel G which will be disrupted by the expanding of the detention pond. GRANT OF TEMPORARY CONSTRUCTION EASEMENT and AGREEMENT This Grant of Temporary Construction Easement and Agreement is made this 5tlay of S�, 2006, by and between OBSERVATORY VILLAGE MASTER ASSOCIATION, INC., a olorado non-profit corporation, the address of which for purposes of this Grant is 2601 S. Lemay, Suite 7-408, Fort Collins, Colorado 80525 ("OVMA"), and SUNRISE RIDGE, LLC, a Colorado limited liability company, with its principal place of business at 7890 Pheasant Run Lane, Wellington, Colorado 80549 ("Sunrise") (collectively, the 'Parties"). RECITALS: WHEREAS, Sunrise is the owner of record of a parcel of land in Fort Collins, Colorado, further described on Exhibit A, attached hereto and incorporated herein by this reference ("Sunrise Property"); WHEREAS, OVMA is the owner of record of the land known as Parcel G, Willowbrook ('Parcel G"), adjacent to and west of the Sunrise Property and of certain property of William E. Standerfer and Anne E. M. Standerfer, further described on Exhibit C, attached hereto and incorporated herein by this reference (the "Standerfer Property") ; WHEREAS, Sunrise is required under its Development Agreement with the City of Fort Collins to provide storm water drainage for the Sunrise Property by increasing the capacity of the existing detention pond on Parcel G (the "Detention Pond") with an expansion of the Detention Pond onto the southwest corner of the Sunrise Property and the western portion of the Standerfer Property; WHEREAS, Standerfer has granted to Sunrise an easement for the construction and maintenance of the required expansion of the Detention Pond on the Standerfer Property; and WHEREAS, OVMA has agreed to grant to Sunrise a temporary construction easement on all of Parcel G for the purpose of expanding the size and capacity and altering the shape and contours of the Detention Pond, upon terms as set forth herein. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the receipt and sufficiency of which are hereby acknowledged, it is agreed that: 105228746.00C;i ) 1. OVMA hereby declares, establishes and grants to Sunrise an exclusive temporary construction easement on, over, under and across Parcel G (the "Easement"), for the purposes of expanding the size and capacity and altering the shape and contours of the Detention Pond on Parcel G in accordance with the plans, specifications, and requirements of the Development Agreement, at such time as the Development Agreement is finalized with the City of Fort Collins. The Easement shall encompass all of Parcel G. 2. OVMA, for itself and its agents, successors and assigns, further covenants and agrees to do nothing and allow nothing to be done which would prevent or hinder Sunrise, its agents and hires, from access to and use of the Easement for the construction purposes for which the Easement is granted. 3. Sunrise, for itself and its assigns, agrees to restore and repair the grounds, pavement, fQ^ V—ca and landscaping, if any, on Parcel G, which may be damaged or disturbed by Sunrise, its agents or n�1 hires, in accessing and using the Easement for the construction purposes for which it is granted (the "Disturbed Ground") to substantially the same condition as prior to construction. Additionally, for a period of three years following disturbance of the surface of the Disturbed Ground, Sunrise will maintain the surface elevation and quality of the Disturbed Ground by correcting any settling or subsiding that may occur as a result of the work done by Sunrise. 4. The Parties hereby covenant and agree that this Grant, and all rights, benefits or obligations established herein shall be terminated and released by OVMA upon completion by Sunrise of the construction of the expanded Detention Pond in accordance with this temporary construction Easement, to the satisfaction of OVMA and the City of Fort Collins, but in any event no later than August 1, 2007. 5. The Easement, rights and benefits granted and established herein may be encumbered to a mortgagee or deed of trust holder taking a mortgage or deed of trust on Parcel G, provided that any such mortgage or deed of trust shall be subject and subordinate to the Easement and the rights, benefits and obligations established herein. 6. Sunrise agrees to indemnify and hold harmless OVMA (and its officers, directors and employees), from damages and losses arising from Sunrise's access and/or work in any way related to or proximately caused by the construction, maintenance, repair, replacement, removal, enlargement, and operation of the Detention Pond and all underground and surface appurtenances thereto installed within Parcel G, including attorney's fees and costs incurred in the defense of such claims. Notwithstanding any provision to the contrary in any applicable law, including any statute of limitations, OVMA's claim for indemnification by Sunrise shall not accrue and any applicable statute of limitations shall not begin to run until OVMA's payment of a final judgment, arbitration award, or settlement arising out of any claim which is subject to Sunrise's obligation to indemnify OVMA. (05228746.DOC; I ) 7. Sunrise covenants to, at all times, indemnify and hold OVMA harmless against all liability for claims and liens for labor performed or equipment or materials used or furnished in connection with any and all work performed on Parcel G, including any costs and expenses for attorneys' fees and all incidental or consequential damages resulting to OVMA from such claims or liens. If suit on such claims is brought, Sunrise shall defend such suit at its own expense, and will pay and satisfy any lien or judgment that may be established by the decision of the court in such suit. Sunrise agrees that within ten (10) days after written demand to cause the effect of any suit or lien to be removed from Parcel G, and in the event Sunrise shall fail to do so, OVMA is authorized to use whatever means it may deem appropriate to cause said lien or suit to be removed or dismissed. The cost thereof together with interest computed at United Bank of Denver prime rate, plus reasonable attorney's fees, shall be immediately due and payable to OVMA by Sunrise. 8. Sunrise guarantees OVMA and all present and future owners of Parcel G, or any portion thereof, against loss or damage arising from any construction defect that is caused by workmanship and or materials of Sunrise and its subcontractors, if any. The guarantee shall be for a period of ten (10) years after substantial completion of the work, and upon written notification of a construction defect from OVMA or any owner of parcel G, Sunrise or its successors in interest shall proceed within 24 hours with due diligence, at its own expense, to replace any defective material or perform any labor necessary to correct any construction defect to the reasonable satisfaction of OVMA and its engineers or any other affected real property owner. This guarantee shall be binding upon the successors, heirs and assigns of Sunrise and is expressly given for the benefit of the owner, its successors, heirs and assigns, as well as OVMA. 9. Sunrise agrees to cause OVMA to be named as an additional insured on its policy of general liability insurance, and to provide evidence thereof upon execution of this Agreement. 10. Sunrise agrees to comply with all city, state and federal regulations and requirements as well as all local ordinances, building codes, and applicable zoning requirements in completing the work contemplated herein. 11. Each and every one of the benefits and burdens of this Agreement shall inure to and be binding upon the respective legal representatives, heirs, executors, administrators, successors and assigns of the parties hereto. 12. In the event any action, suit or other proceeding is instituted in relation to this Agreement, the prevailing party shall recover all of such parry's attorney fees incurred in each and every such action, suit or other proceeding, including any and all appeals or petitions. As used in this Agreement, attorney fees shall be deemed to mean the full and actual cost of any legal services actually performed in connection with the matters involved, calculated on the basis of the usual fees charged by the attorneys performing such services. (05228746.DOC;1) Executed as of the day and year first written above. OBSERVATORY VILLAGE MASTER ASSOCIATION, INC. I5a SUNRISE RIDGE, LLC, a limited liability company By: Kelly Smith Manager STATE OF COLOORADO ) COUNTY OF yA�&H4fER ) ss The above and foregoing Grant of Temporary Construction Easemenl4noAgrymejowas sworn to and acknowledged before me this 4:� day of�, 2006, by President of Observatory Village Master Association, Inc. Witness my hand and seal: My Commissi/0 AAe �04 R.po � otary Public {05228746.DOC; I i STATE OF COLORADO ) ss. COUNTY OF LARIMER ) The above and foregoing Grant of Temporary Construction Easement and Agreement was sworn to and acknowledged before me this c3GtiS day of 2006, by Kelly Smith, Manager of Sunrise Ridge, LLC. Witness my band and seal: My Commission expires: NOTARY PUBLIC (05228746.DCC;I ) NotNot� Public 5 EXHIBIT "B" ATTACHED TO AND MADE A PART OF THE GRANT OF TEMPORARY CONSTRUCTION EASEMENT and AGREEMENT BETWEEN WILLIAM E. STANDERFER and ANN E.M. STANDERFER AND SUNRISE RIDGE, LLC. PARCEL A- A tract of land situate in the Southeast 1/4 of Section 4, Township 6 North, Range 68 West of the Sixth P.M., which, considering the East line of said Southeast 1/4 as bearing South 03"37'29" East, and with all bearings contained herein relative thereto, are more particularly described as follows: Tract "2-A" Begin at a point on the East line of said Southeast 1/4 which bears South 03" 37' 29" East, 653.66 feet from the East 1/4 corner of said Section 4; thence South 03" 37' 29" East, 331.50 feet along said East line; thence West 662.09 feet to a point on the West line of the East'/ of the East'/ of said Southeast 114. thence North 03"33'16" West, 327.90 feet; thence North 89N41'27" East, 661.47 feet to the Point of Beginning, County of Larimer, State of Colorado. EXHIBIT "A" ATTACHED TO AND MADE A PART OF THE GRANT OF TEMPORARY CONSTRUCTION EASEMENT and AGREEMENT BETWEEN VILLAGE HOMES OF COLORADO, INC. AND SUNRISE RIDGE, LLC. Lesal Description of the "Sunrise Property" That portion of the NE 1/4 of the NE 1/4 of the SE 1/4 of Section 4, Township 6 North, Range 68 West of the 6`h P.M., County of Larimer, State of Colorado, more particularly described as follows: Considering the East Line of the said SE 14 as bearing N 03037129" W and with all bearings contained herein relative thereto, is contained within the boundary lines which begin at the E 1/4 corner of said Section 4, and run thence S 89°35'15" W 30.65 feet along the North line of the said SE 1/4 to a point on the West line of County Road No. 7; thence S 03°37'29" E 406.20 feet, more or less, thence N 63°37'30" W 25.63 feet; thence along the arc of a 205.60 foot radius curve to the right a distance of 215.30 feet, the long chord of which bears N 33°37'30" W 205.60 feet; thence N 03037'30" W 222.35 feet to a point on the North line of the said SE 1/4; thence S 89035'15" W 505.36 feet along said North line; thence S 03033'16" E 652.42 feet along the West line ofthe NE 1/4 ofthe NE 1/4 of the said SE 1/4, thence N 89°41'27" E 661.47 feet along the South line ofthe NE 1/4 of the NE 1/4 of the said SE 1/4; thence NO3°37'29" W 653.66 feet along the East line of the said SE 1/4 to the Point of Beginning, LESS that parcel conveyed to Larimer County in book 1494 at Page 409. County of Larimer, State of Colorado. Also known and numbered as 5101 South County Road 7, Fort Collins, CO 80528 105228746.DCC;1) I EXHIBIT "B° ATTACHED TO AND MADE A PART OF THE GRANT OF TEMPORARY CONSTRUCTION EASEMENT and AGREEMENT BETWEEN VILLAGE HOMES OF COLORADO, INC. AND SUNRISE RIDGE, LLC. Legal Description of the Temporary Construction Easement on Parcel G All of Parcel G, Willowbrook, Larimer County, Colorado 105228746.DCC; I ) 7 EXHIBIT "C" ATTACHED TO AND MADE A PART OF THE GRANT OF TEMPORARY CONSTRUCTION EASEMENT and AGREEMENT BETWEEN VILLAGE HOMES OF COLORADO, INC., and SUNRISE RIDGE, LLC. Legal Description of the "Standerfer Property" A tract of land situate in the Southeast 1/4 of Section 4, Township 6 North, Range 68 West of the Sixth P.M., which, considering the East line of said Southeast 1/4 as bearing South 03N37'29" East, and with all bearings contained herein relative thereto, are more particularly described as follows: Tract "2-A" Begin at a point on the East line of said Southeast 1/4 which bears South 03N 37' 29" East, 653.66 feet from the East 1/4 comer of said Section 4; thence South 03N 37' 29" East, 331.50 feet along said East line; thence West 662.09 feet to a point on the West line of the East'/2 of the East'/2 of said Southeast 1/4; thence North 03N33'16" West, 327.90 feet; thence North 89N41'27" East, 661.47 feet to the Point of Beginning, County of Larimer, State of Colorado. {05228746.D0Q 1 } i EXPLANATION GRANT OF TEMPORARY CONSTRUCTION EASEMENT AND AGREEMENT This is the document by which Observatory Village Master Association, Inc., grants a temporary construction easement to Sunrise Ridge LLC for the purpose of construction and installation of a sanitary sewer line across a portion of Parcel G. Sunrise Ridge LLC agrees to restore and repair the grounds in Parcel G which will be disrupted by the installation of the sewer line. GRANT OF TEMPORARY CONSTRUCTION EASEMENT and AGREEMENT This Grant of Temporary Construction Easement and Agreement is made this Gay of S� 2006, by and between OBSERVATORY VILLAGE MASTER ASSOCIA ION, INC., a Colorado non-profit corporation, the address of which for purposes of this Grant is 2601 S. Lemay, Suite 7-408, Fort Collins, Colorado 80525 ("OVMA"), and SUNRISE RIDGE, LLC, a Colorado limited liability company , with its principal place of business at 7890 Pheasant Run Lane, Wellington, Colorado 80549 ("Sunrise") (collectively, the "Parties"). RECITALS: WHEREAS, Sunrise is the owner of record of a parcel of land in Fort Collins, Colorado, further described on Exhibit A, attached hereto and incorporated herein by this reference ("Sunrise Property"); WHEREAS, OVMA is the owner of record of the land legally described as Parcel G, Willowbrook ("Parcel G"), adjacent to and west of the Sunrise Property and of certain property of William E. Standerfer and Anne E. M. Standerfer, further described on Exhibit C attached hereto and incorporated herein by this reference (the "Standerfer Property"); WHEREAS, the South Fort Collins Sanitation District (the "District") provides sanitary sewer service to the area in which the Sunrise Property and Parcel G are located by an existing sanitary sewer line (the "Sewer Line") located in Northern Lights Drive right of way on Parcel G; WHEREAS, Sunrise is required under its Development Agreement with the City of Fort Collins to provide sanitary sewer service to the Sunrise Property by constructing a connecting sanitary sewer line (the "Connection Line") from the Sunrise Property to the Sewer Line in the Northern Lights Drive right of way; WHEREAS, the Connection Line must cross a portion of Parcel G to connect to the Sewer Line; and WHEREAS, OVMA has agreed to grant to Sunrise a temporary construction easement for the construction and installation of the Connection Line across Parcel G upon the terms herein set forth. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the receipt and sufficiency of which are hereby acknowledged, it is agreed that: {05228735.D0C; I } 1. OVMA hereby declares, establishes and grants to Sunrise an exclusive temporary construction easement on, over, under and across a portion of Parcel G (the "Easement"), for the purposes of constructing and installing the Connection Line across Parcel G from a point on the boundary line between Parcel G and the Standerfer Property to the Northern Lights Drive right of way. The Easement shall be as more fully described on Exhibit B, attached hereto and incorporated herein by this reference. 2. OVMA, for itself and its agents, successors and assigns, further covenants and agrees to do nothing and allow nothing to be done which would prevent or hinder Sunrise, its agents and hires, from access to and use of the EaseWnt for the construction purposes for which the Easement is granted. �rn9ppV&W4*" 3. Sunri , for itself and its successors and assigns, agrees to restore and repair the grounds, pavement and landscaping, if any, on Parcel G, which may be damaged or disturbed by Sunrise, its agents or hires, in accessing and using the Easement for the construction purposes for which it is granted, including but not limited to the relocation of such existing trees as may be deemed reasonably necessary by Sunrise to restore the disturbed Parcel G grounds to substantially the same condition as prior to construction. Additionally, for a period of three years following disturbance of the surface of the property described on Exhibit B, Sunrise will maintain the surface elevation and quality of the soil by correcting any settling or subsiding that may occur as a result of the work done by Sunrise. 4. The Parties hereby covenant and agree that this Grant, and all rights, benefits or obligations established herein shall be terminated and released by Village Homes upon completion by Sunrise of the construction and installation of the Connection Line in accordance with this temporary construction Easement, to the satisfaction of Village Homes, but in any event no later than December 31, 2006. 5. The Easement, rights and benefits granted and established herein may be encumbered to a mortgagee or deed of trust holder taking a mortgage or deed of trust on Parcel G, provided that any such mortgage or deed of trust shall be subject and subordinate to the Easement and the rights, benefits and obligations established herein. 6. Sunrise agrees to indemnify and hold harmless OVMA (and its officers, directors and employees), from damages and losses arising from Sunrise's access and/or work in any way related to or proximately caused by the construction, maintenance, repair, replacement, removal, enlargement, and operation of the sanitary sewer line and all underground and surface appurtenances thereto installed within Parcel G, including attorney's fees and costs incurred in the defense of such claims. Notwithstanding any provision to the contrary in any applicable law, including any statute of limitations, OVMA's claim for indemnification by Sunrise shall not accrue and any applicable statute of limitations shall not begin to run until OVMA's payment of a final judgment, arbitration award, or settlement arising out of any claim which is subject to Sunrise's obligation to indemnify OVMA. (05228735.DDC; I } 7. Sunrise covenants to, at all times, indemnify and hold OVMA harmless against all liability for claims and liens for labor performed or equipment or materials used or furnished in connection with any and all work performed on Parcel G, including any costs and expenses for attorneys' fees and all incidental or consequential damages resulting to OVMA from such claims or liens. If suit on such claims is brought, Sunrise shall defend such suit at its own expense, and will pay and satisfy any lien or judgment that may be established by the decision of the court in such suit. Sunrise agrees that within ten (10) days after written demand to cause the effect of any suit or lien to be removed from Parcel G, and in the event Sunrise shall fail to do so, OVMA is authorized to use whatever means it may deem appropriate to cause said lien or suit to be removed or dismissed. The cost thereof together with interest computed at United Bank of Denver prime rate, plus reasonable attorney's fees, shall be immediately due and payable to OVMA by Sunrise. 8. Sunrise guarantees OVMA and all present and future owners of Parcel G, or any portion thereof, against loss or damage arising from any construction defect that is caused by workmanship and or materials of Sunrise and its subcontractors, if any. The guarantee shall be for a period of ten (10) years after substantial completion of the work, and upon written notification of a construction defect from OVMA or any owner of parcel G, Sunrise or its successors in interest shall proceed within 24 hours with due diligence, at its own expense, to replace any defective material or perform any labor necessary to correct any construction defect to the reasonable satisfaction of OVMA and its engineers or any other affected real property owner. This guarantee shall be binding upon the successors, heirs and assigns of Sunrise and is expressly given for the benefit of the owner, its successors, heirs and assigns, as well as OVMA. 9. Sunrise agrees to cause OVMA to be named as an additional insured on its policy of general liability insurance, and to provide evidence thereof upon execution of this Agreement. 10. Sunrise agrees to comply with all city, state and federal regulation and requirements as well as all local ordinances, building codes, and applicable zoning requirements in completing the work contemplated herein. 11. Each and every one of the benefits and burdens of this Agreement shall inure to and be binding upon the respective legal representatives, heirs, executors, administrators, successors and assigns of the parties hereto. 12. In the event any action, suit or other proceeding is instituted in relation to this Agreement, the prevailing party shall recover all of such party's attorney fees incurred in each and every such action, suit or other proceeding, including any and all appeals or petitions. As used in this Agreement, attorney fees shall be deemed to mean the full and actual cost of any legal services actually performed in connection with the matters involved, calculated on the basis of the usual fees charged by the attorneys performing such services. (05228735.DOC;1) Executed as of the day and year first written above. SUNRISE RIDGE, LLC, a Colorado limited liability company By: Kelly Smit , Manager {05228735.DOC;1 } STATE OF COLORADO ) �G) ss. COUNTY OF b�fER' ) The above and foregoing Grant of Temporary Construction Easement� 1d� A�g,�r egnt was sworn to and acknowledged before me this day oL, 2006, by ,Qy.` President of Observatory Village Master Association Witness my My Commi; C �yTF OF Co STATE OF COLORADO ) ss. COUNTY OF LARIMER ) Notary Public The above and foregoing Grant of Temporary Construction Easement and Agreement was sworn to and acknowledged before me this &44 day of _Qx/-Z� 2006, by Kelly Smith, Manager of Sunrise Ridge, LLC. v Witness my hand and seal: My Commission expires: Notary Public 105228735.DOC; 1 i EXHIBIT "A" ATTACHED TO AND MADE A PART OF THE GRANT OF TEMPORARY CONSTRUCTION EASEMENT and AGREEMENT BETWEEN VILLAGE HOMES OF COLORADO, INC. AND SUNRISE RIDGE, LLC. Legal Description of the "Sunrise Property" That portion of the NE 1/4 of the NE 1/4 of the SE 1/4 of Section 4, Township 6 North, Range 68 West of the 6a' P.M., County of Larimer, State of Colorado, more particularly described as follows: Considering the East Line of the said SE 14 as bearing N 03037129" W and with all bearings contained herein relative thereto, is contained within the boundary lines which begin at the E 1/4 corner of said Section 4, and run thence S 8903515" W 30.65 feet along the North line of the said SE 1/4 to a point on the West line of County Road No. 7; thence S 0303729" E 406.20 feet, more or less, thence N 63°37'30" W 25.63 feet; thence along the arc of a 205.60 foot radius curve to the right a distance of 215.30 feet, the long chord of which bears N 33037'30" W 205.60 feet; thence N 03037'30" W 222.35 feet to a point on the North line of the said SE 1/4; thence S 89035'15" W 505.36 feet along said North line; thence S 03°33'16" E 652.42 feet along the West line of the NE 1/4 of the NE 1/4 of the said SE 1/4, thence N 89°41'27" E 661.47 feet along the South line of the NE 1/4 of the NE 1/4 of the said SE 1/4; thence N03037'29" W 653.66 feet along the East line of the said SE 1/4 to the Point of Beginning, LESS that parcel conveyed to Larimer County in book 1494 at Page 409. County of Larimer, State of Colorado. Also known and numbered as 5101 South County Road 7, Fort Collins, CO 80528 0 EXHIBIT "C" ATTACHED TO AND MADE A PART OF THE GRANT OF TEMPORARY CONSTRUCTION EASEMENT and AGREEMENT BETWEEN WILLIAM E. STANDERFER and ANN E.M. STANDERFER AND SUNRISE RIDGE, LLC. legal description of easement Considering the North line of the Southeast Quarter of said Section 4 as bearing South 89°35'15" West and with all bearings contained herein relative thereto: Commencing at the East Quarter comer of said Section 4; thence, South 89035' 15" West, 660.61 feet to a point on the East line of Willow Brook Subdivision; thence, along said East line, South 03°33' 16" East, 920.20 feet to the POINT OF BEGINNING; thence departing said East line, North 90°00'00" East, 163.67 feet; thence, North 33018'41" East, 195.09 feet; thence, North 11'00'37" East, 107.88 feet to a point on the South line of Sunrise Ridge First Filing; thence along said South line, North 89°41'27" East, 30.60 feet; thence departing said South line, South 11°00'37" West, 119.80 feet; thence, South 33° 18'41" West, 217.18 feet; thence, North 90000'00" West, 177.99 feet to a point on the East line of Willow Brook Subdivision; thence along said East line, North 03°33' 16" West, 30.06 feet to the POINT OF BEGINNING. The above described construction easement contains 14,724 square feet or 0.338 acres more or less and is subject to all easements and rights -of -way now on record or existing. EXHIBIT `B" ATTACHED TO AND MADE A PART OF THE GRANT OF TEMPORARY CONSTRUCTION EASEMENT and AGREEMENT BETWEEN VILLAGE HOMES OF COLORADO, INC. AND SUNRISE RIDGE, LLC. Legal Description of the Easement Across Parcel G A temporary construction easement located in the Southeast Quarter of Section 4, Township 6 North, Range 68 West of the 6`s Principal Meridian, City of Fort Collins, County of Larimer, State of Colorado being more particularly described as follows: Considering the North line of the Southeast Quarter of said Section 4 as bearing South 89035' I5" West and with all bearings contained herein relative thereto: Commencing at the East Quarter corner of said Section 4; thence, South 89035'15" West, 660.61 feet to a point on the East line of Willow Brook Subdivision; thence, along said East line, South 03033'16" East 920.20 feet to the POINT OF BEGINNING; thence continuing along said East line, South 03033'16" East, 30.06 feet; thence departing said East line, North 90000'00" West, 30.06 feet; thence, South 03°33'16" East, 152.82 feet; thence, South 61°17'07" West, 196.91 feet to a point on the Northeasterly right-of-way line of Northern Lights Drive; thence along said Northeasterly line, North 28°03'12" East, 54.74 feet; thence departing said right-of-way line, North 61°17'07" East, 132.07 feet; thence, North 03°33'16" West, 165.69 feet; thence, North 90000100" East, 60.12 feet to the POINT OF BEGINNING. The above described temporary construction easement contains 11,065 square feet or 0.245 acres more or less and is subject to all easements and rights -of -way now on record or existing. (05228735.DOC;1) 7 EXHIBIT "C" ATTACHED TO AND MADE A PART OF THE GRANT OF TEMPORARY CONSTRUCTION EASEMENT and AGREEMENT BETWEEN VILLAGE HOMES OF COLORADO, INC., and SUNRISE RIDGE, LLC. Legal Description of the "Standerfer Property" A tract of land situate in the Southeast 1/4 of Section 4, Township 6 North, Range 68 West of the Sixth P.M., which, considering the East line of said Southeast 1/4 as bearing South 03037'29" East, and with all bearings contained herein relative thereto, are more particularly described as follows: Tract 112-A" Begin at a point on the East line of said Southeast 1/4 which bears South 03' 37' 29" East, 653.66 feet from the East 1/4 comer of said Section 4; thence South 03' 37' 29" East, 331.50 feet along said East line; thence West 662.09 feet to a point on the West line of the East '/2 of the East '/z of said Southeast 1/4; thence North 03°33'16" West, 327.90 feet; thence North 89°41'27" East, 661.47 feet to the Point of Beginning, County of Larimer, State of Colorado. K EXHIBIT A TEMPORARY CONSTRUCTION EASEMENT BEING A PORTION OF THE SOUTHEAST 1/4 OF SECTION 4, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE 6th P.M., CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO. (RED CORDED S89°07'31"E) -- _ 660.61' BASIS OF BEARING S 89. 35' 15" W NORTH LINE OF THE SOUTHEAST QUARTER, SECTION 4. T6N, R68W JIj � I CENTER 114 CORNER I SECTION 4-6-68 � SUNRISE RIDGE FIRST FILING POINT OF COMMENCEMENT EAST 1/4 CORNER N SECTION 4-6-68 I co f0 ml O .I N mlW ❑ �I i� I� p tip K tip POINT OF BEGINNING I _ SUNRISE RIDGE SECOND FILING I WILLOW BROOK SUBDIVISION -Z Q =�S N28"03'12"E 54.74' Bic o,PpFR oR �F TEMP. CONSTRUCTION EASEMENT 11,065 sq. ft. 0.254 acres =?lor& a. LVIR SCALE 1"=100' NORTHERN ENGINEERING IIpS GIM<w::e. IM "mxf:9)0.]]IAIN fIl:9X�}]IA199 M OiN.6btle B0514 vwmlM:m�y:W:l,9.mp EXPLANATION OF AGREEMENT FOR MAINTENANCE OVHA TO SUNRISE RIDGE, LLC This is the document by which Observatory Village Master Association , Inc., grants an easement to Sunrise Ridge, LLC for the purpose of maintaining the expansion of the Detention Pond which crosses a portion of Parcel G. Sunrise Ridge, LLC agrees to restore and repair the grounds in Parcel G which will be disrupted by the expansion of the Detention Pond. AGREEMENT This Agreement is made this itday of ;; � , 2006, by and between OBSERVATORY VILLAGE MASTER ASSOCIATION, INC., a Colorado non-profit corporation, the address of which for purposes of this Grant is 6 West Dry Creek Circle, Littleton, Colorado 80120 ("OVMA"), and SUNRISE RIDGE, LLC, a Colorado limited liability company, with its principal place of business at 7890 Pheasant Run Lane, Wellington, Colorado 80549 ("Sunrise") (collectively, the "Parties"). RECITALS: WHEREAS, Sunrise is the owner of record of a parcel of land in Fort Collins, Colorado, further described on Exhibit A, attached hereto and incorporated herein by this reference ("Sunrise Property"); WHEREAS, OVMA is the owner of record of the land known as Parcel G, Willowbrook ("Parcel G'% adjacent to and west of the Sunrise Property and of certain property of William E. Standerfer and Anne E. M. Standerfer, further described on Exhibit C, attached hereto and incorporated herein by this reference (the "Standerfer Property") ; WHEREAS, Sunrise is required under its Development Agreement with the City of Fort Collins to provide storm water drainage for the Sunrise Property by increasing the capacity of the existing detention pond on Parcel G (the "Detention Pond") with an expansion of the Detention Pond onto the southwest corner of the Sunrise Property and the western portion of the Standerfer Property. Reference hereinafter to the Detention Pond shall be to the Detention Pond as the same has been or shall be expanded pursuant to that certain Grant of Easement and Agreement between the Parties; WHEREAS, Standerfer has granted to Sunrise an easement for the construction and maintenance of the required expansion of the Detention Pond on the Standerfer Property, which easement is more fully described on Exhibit B, attached hereto and made a part hereof, WHEREAS, OVMA has granted to Sunrise a temporary construction easement on all of Parcel G for the construction necessary for the required expansion of the Detention Pond, which temporary construction easement is more fully described on Exhibit D, attached hereto and made a part hereof, WHEREAS, Sunrise is also required under its Development Agreement with the City of Fort Collins to provide sanitary sewer service to the Sunrise Property by constructing a connecting sanitary sewer line (the "Connection Line") from the Sunrise Property to the Sewer Line in the Northern Lights Drive right of way; 105228759.DOC;1 } WHEREAS, the Connection Line must cross a portion of Parcel G to connect to the Sewer Line; WHEREAS, OVMA has also granted Sunrise a temporary construction easement on a portion of Parcel G for the construction and installation of the Connection Line; and WHEREAS, the Parties desire to set forth their agreement in writing as the to use of the Detention Pond and the Connection Line, and the maintenance thereof. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the receipt and sufficiency of which are hereby acknowledged, the Parties, for themselves and their respective successors and assigns, agree as follows: 1. OVMA covenants and agrees that storm water drainage from the Sunrise Property shall be allowed to flow from the Sunrise Property into the Detention Pond by way of a drainage pipe or pipes installed and subsequently maintained, repaired, replaced, and insured at the sole expense of Sunrise and located on the Sunrise Property. 2. OVMA further covenants and agrees to do nothing and allow nothing to be done which would prevent or hinder Sunrise, and its successors and assigns, from enjoying the benefits of the Detention Pond for the purposes set forth herein. 3. OVMA further covenants and agrees to maintain the contours, functionality and landscaping on that portion of the Detention Pond located on Parcel G. 4. Sunrise covenants and agrees to do nothing and allow nothing to be done which would prevent or hinder OVMA, and its successors and assigns, from enjoying the benefits of the Detention Pond for storm water drainage as originally intended. 5. Sunrise further covenants and agrees to maintain the contours, functionality and landscaping on that portion of the Detention Pond located on the Sunrise Property, and on the Standerfer Property. 6. In the event that the South Fort Collins Sanitary Sewer District (the "District") fails to comply with any of the covenants set forth in the Grant of Easement and Agreement between OVMA and the District ("OMVA/Distrcit Agreement") including but not limited to the restoration of the grounds of Parcel G regarding any work done by the District within the said easement, the terms of which Grant are incorporated herein by this reference, Sunrise agrees to indemnify and hold harmless OVMA (and its officers, directors and employees) from damages and losses in any way related to or proximately caused by such failure to comply by the District, including attorney's fees and costs incurred in the defense of such claims. Notwithstanding any provision to the contrary in any applicable law, including any statute of limitations, OVMA's claim for indemnification by Sunrise {05228759.D0QI ) shall not accrue and any applicable statute of limitations shall not begin to run until OVMA's payment of a final judgment, arbitration award, or settlement arising out of any claim which is subject to Sunrise's obligation to indemnify OVMA. A. Sunrise agrees to indemnify and hold harmless OVMA (and its officers, directors and employees), from damages and losses arising from Sunrises and/or the District's access and/or work in any way related to or proximately caused by the construction, maintenance, repair, replacement, removal, enlargement, and operation of the sanitary sewer line and all underground and surface appurtenances thereto installed within Parcel G pursuant to the OMVA/Distrcit Agreement, including attorney's fees and costs incurred in the defense of such claims. Notwithstanding any provision to the contrary in any applicable law, including any statute of limitations, OVMA's claim for indemnification by Sunrise shall not accrue and any applicable statute of limitations shall not begin to run until OVMA's payment of a final judgment, arbitration award, or settlement arising out of any claim which is subject to the District's obligation to indemnify OVMA. B. Sunrise covenants to, at all times, indemnify and hold OVMA harmless against all liability for claims and liens for labor performed or equipment or materials used or furnished in connection with any and all work performed on Parcel G pursuant to the OMVA/Distrcit Agreement, including any costs and expenses for attorneys' fees and all incidental or consequential damages resulting to OVMA from such claims or liens. If suit on such claims is brought, Sunrise shall defend such suit at its own expense, and will pay and satisfy any lien or judgment that may be established by the decision of the court in such suit. Sunrise agrees that within ten (10) days after written demand to cause the effect of any suit or lien to be removed from Parcel G, and in the event Sunrise shall fail to do so, OVMA is authorized to use whatever means it may deem appropriate to cause said lien or suit to be removed or dismissed. 7. In the event either of the Parties shall default in any of their covenants or obligations under this Agreement, the defaulting party expressly agrees to pay the non -defaulting party, in addition to all other sums which may be to due the non -defaulting party, all reasonable costs and expenses incurred by the non -defaulting party in enforcing this Agreement, including, but not limited to, attorneys fees and costs, regardless of whether litigation is commenced. 8. This Agreement shall be governed by and its terms construed in accordance with the substantive law of the State of Colorado. 9. The terms of this Agreement shall run with the land, and shall be binding on and inure to the benefit of the Parties and their respective successors and assigns. Without limiting the generality of the foregoing, the Parties agree that this Agreement shall be assigned by Sunrise to, and assumed by, the homeowner's association to be established by Sunrise for both the Sunrise Ridge First Filing and Sunrise Ridge Second Filing subdivisions, upon the approval and recordation of the final plats for said subdivisions, by the City of Fort Collins, Colorado. If the homeowner's association to be established by Sunrise for both the Sunrise Ridge First Filing and Sunrise Ridge Second Filing subdivisions, have not been established at the time the final plats for said subdivisions t05229759.DOC;1 } are approved, by the City of Fort Collins, Colorado and recorded, said assignment shall occur upon the creation of such homeowner's association However, any assignment by Sunrise does not relieve or release Sunrise, or its successors, from any covenants, obligations, or responsibilities as set forth in this Agreement. Upon assignment and assumption Sunrise, including its successors, and any homeowners association established by Sunrise for the Sunrise Ridge First Filing and Sunrise Ridge Second Filing subdivisions shall be jointly and severably liable for the covenants, obligations, and responsibilities set forth in this Agreement. Further, this Agreement may be amended, modified or revoked only by the mutual written agreement of the Parties, or their respective successors and assigns. 10. In any provision of this Agreement shall be found by any court having competent jurisdiction over the Agreement to be illegal, invalid or unenforceable, this Agreement shall be considered amended to the extent considered by said court to be reasonable and shall be fully enforceable as so amended. Executed as of the day and year first written above. OBSERVATORY VILLAGE MASTER ASSOCIATION, INC. 63 {05228759.DCC;1 } 4 SUNRISE RIDGE, LLC, a Colorado limited liability company By: Kelly S , Manager STATE OF COLORADO ) AY a.. e— ss. COUNTY 0171.k4819f TL ) The above and foregoing Agree ent was sworn to and acknowledged before me this day oLSe , 2006, by �G�t�- 1 President of Observatory Village Master Association, Inc. Witness my My Commi: ��"/- � 2 Notary Public OF STATE OF COLORADO ) ss. COUNTY OF LARIMER ) The above and foregoing Agreement was sworn to and acknowledged before me this o B 4'i day of 2006, by Kelly Smith, Manager of Sunrise Ridge, LLC. Witness my hand and seal: My Commission expires: ,J-.?O-44o9 NOTARY --t— PUBLIC. (05228759.DOC;1) Notary Public EXHIBIT "A" ATTACHED TO AND MADE A PART OF THE AGREEMENT BETWEEN OBSERVATORY VILLAGE MASTER ASSOCIATION AND SUNRISE RIDGE, LLC. Legal Description of the "Sunrise Property" That portion of the NE 1/4 of the NE 1/4 of the SE 1/4 of Section 4, Township 6 North, Range 68 West of the 6`s P.M., County of Latimer, State of Colorado, more particularly described as follows: Considering the East Line of the said SE 14 as bearing N 03037'29" W and with all bearings contained herein relative thereto, is contained within the boundary lines which begin at the E 1/4 corner of said Section 4, and run thence S 89035' 15" W 30.65 feet along the North line of the said SE 1/4 to a point on the West line of County Road No. 7; thence S 03037'29" E 406.20 feet, more or less, thence N 63037'30" W 25.63 feet; thence along the arc of a 205.60 foot radius curve to the right a distance of 215.30 feet, the long chord of which bears N 33037'30" W 205.60 feet; thence N 03037'30" W 222.35 feet to a point on the North line of the said SE 1/4; thence S 89035'15" W 505.36 feet along said North line; thence S 03033' l 6" E 652.42 feet along the West line of the NE 1/4 of the NE 1/4 of the said SE 1/4, thence N 89041'27" E 661.47 feet along the South line of the NE 1/4 of the NE 1/4 of the said SE 1/4; thence N03037'29" W 653.66 feet along the East line ofthe said SE 1/4 to the Point of Beginning, LESS that parcel conveyed to Larimer County in book 1494 at Page 409. County of Latimer, State of Colorado. Also known and numbered as 5101 South County Road 7, Fort Collins, CO 80528 (05228759.DOC;1 ) NORTHERN ADDRESS: PHONE: 970.221,4158 E N G I N E E R I N G 200 S. College Ave. Suite 10o WEBSITE: Fort Collins, CO 80524 FAX; 970.221.4159 �"'northernengineering.com DESCRIPTION: CONSTRUCTION EASEMENT A construction easement located in the Southeast Quarter of Section 4, Township 6 North, Range 68 West of the 6th Principal Meridian, City of Fort Collins, County of Larimer, State of Colorado being more particularly described as follows: Considering the North line of the Southeast Quarter of said Section 4 as bearing South 89035'15" West and with all bearings contained herein relative thereto: Commencing at the East Quarter corner of said Section 4; thence, South 89°35' 15" West, 660.61 feet to a point on the East line of Willow Brook Subdivision; thence, along said East line, South 03°33' 16" East, 920.20 feet to the POINT OF BEGINNING; thence departing said East line, North 90°00'00" East, 163.67 feet; thence, North 33'18,41" East, 195.09 feet; thence, North 11'00'37" East, 107.88 feet to a point on the South line of Sunrise Ridge First Filing; thence along said South line, North 89°41'27" East, 30.60 feet; thence departing said South line, South 11 10037" West, 119.80 feet; thence, South 33'18'41" West, 217.18 feet; thence, North 90°00'00" West, 177.99 feet to a point on the East line of Willow Brook Subdivision; thence along said East line, North 03033' 16" West, 30.06 feet to the POINT OF BEGINNING. The above described construction easement contains 14,724 square feet or 0.338 acres more or less and is subject to all easements and rights -of -way now on record or existing. December 5, 2006 SRR [04-131] W ti SASurvey Jobs\SRR\Descriptions\SRR [04-1311 30' CONST ESMT 5-10-06.doc EXHIBIT "B" ATTACHED TO AND MADE A PART OF THE AGREEMENT BETWEEN OBSERVATORY VILLAGE MASTER ASSOCIATION AND SUNRISE RIDGE, LLC. Legal Description of the Standerfer Drainage Easement A drainage easement located in the Southeast Quarter of Section 4, Township 6 North, Range 68 West of the 61h Principal Meridian, City of Fort Collins, County of Larimer, State of Colorado being more particularly described as follows: Considering the North line of the Southeast Quarter of said Section 4 as bearing South 89035' 15" West and with all bearings contained herein relative thereto: Commencing at the East Quarter corner of said Section 4; thence, South 89'35' 15" West, 660.61 feet; thence, South 03'33'16" East 652.42 feet to the southwest corner of Sunrise Ridge First Filing the point being the POINT OF BEGINNING; thence along the South line of Sunrise Ridge First Filing, North 89°41'27" East, 103.78 feet; thence departing said South line, South 17029'40" West, 40.64 feet; thence, South 00024'01" East, 146.80 feet; thence, South 14°34'22" East, 116.01 feet; thence, due West, 103.31 feet tot he East line of Willow Brook Subdivision; thence along said East line, North 03033'16" West, 297.84 feet to the POINT OF BEGINNING. The above described drainage easement contains 26,562 square feet or 0.610 acres more or less and is subject to all easements and rights -of -way now on record or existing. (05228759.DOC;1) EXHIBIT "C" ATTACHED TO AND MADE A PART OF THE AGREEMENT BETWEEN OBSERVATORY VILLAGE MASTER ASSOCIATION and SUNRISE RIDGE, LLC. Legal Description of the "Standerfer Property" A tract of land situate in the Southeast 1/4 of Section 4, Township 6 North, Range 68 West of the Sixth P.M., which, considering the East line of said Southeast 1/4 as bearing South 03°37'29" East, and with all bearings contained herein relative thereto, are more particularly described as follows: Tract "2-A" Begin at a point on the East line of said Southeast 1/4 which bears South 03' 37' 29" East, 653.66 feet from the East 1/4 comer of said Section 4; thence South 030 37' 29" East, 331.50 feet along said East line; thence West 662.09 feet to a point on the West line of the East 1/2 of the East 1/2 of said Southeast 1/4; thence North 03'33'16" West, 327.90 feet; thence North 89°41'27" East, 661.47 feet to the Point of Beginning, County of Larimer, State of Colorado. {05228759.DOCJ } EXHIBIT "D" ATTACHED TO AND MADE A PART OF THE AGREEMENT BETWEEN OBSERVATORY VILLAGE MASTER ASSOCIATION, INC., and SUNRISE RIDGE, LLC. Legal Description of the Temporary Construction Easement on Parcel G All of Parcel G, Willowbrook, Latimer County, Colorado (05228759DOCj } 9 EXHIBIT A CONSTRUCTION EASEMENT LOCATED IN THE SOUTHEAST 1/4 OF SECTION 4, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE 6th P.M., CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO. (RECORDED S89°07'31"E) 660.61' �. BASIS OF BEARING S 89° 35' 15" W I NORTH LINE OF THE SOUTHEAST QUARTER, SECTION 4, TGN, R68W CENTER 1/4 CORNER SECTION 4-6-68 I si POINT OF 9i COMMENCEMENT EAST 1/4 CORNER SECTION 4-6-68 I SUNRISE RIDGE �I FIRST FILING �I _I O ' 90UTRLNEOF9UNRI&ERIOGEFIR9TRUNG N 830.60�7" E I I o �O pMQi I Lu I U w CONSTRUCTION Z C ❑ EASEMENT d, WILLOW BROOK C ZD 14,724 sq. ft. y I SUBDIVISION R 0.338 acres j O c ^p lV POINT OF p^ BEGINNING _ _ _ _ N 90°00'OD" E 163.67' 30.06'1 g ; N 90°00'00" W 177.99' I I _J I I I I I I I I I I I I I I I I SCALE I NORTHERN NORTH 1"=100' ENGINEERING 3°]b W1@Mxy,, bA. 1W PNg1E: 410.121.1119 IM. b>°.it1A0 FM Pim UllM APVN wxvnw"vm^6�wr1^Lwm CS&D 4/5106 GRANT OF EASEMENT and AGREEMENT This Grant of Easement and Agreement is made this -1 =** clay of J&Yuc, 2007, by and between WILLIAM E. STANDERFER and ANN E. M. STANDERFER, both of 94 N. County Road 15. Fort Collins, Colorado 80524 ("Standerfer"), and the SOUTH FORT COLLINS SANITATION DISTRICT, with its principal place of business at 5150 Snead Drive, Fort Collins, Colorado 80525 (the "District") (collectively, the "Parties"). RECITALS: WHEREAS, Standerfer is the owner of record of 5221 S. County Road 7, Fort Collins, Colorado, further described on Exhibit A, attached hereto and incorporated herein by this reference (the "Standerfer Property"); WHEREAS, Sunrise Ridge, LLC, a Colorado limited liability company, is the owner of record of a parcel of land in Fort Collins, Colorado, further described on Exhibit B. attached hereto and incorporated herein by this reference ("Sunrise Property'), which is adjacent to and north of the Standerfer Property; WHEREAS, Village Homes is the owner of record of the land adjacent to and west of the Sunrise Property and the Standerfer Property, known as Parcel G, Willowbrook ('Parcel G"); WHEREAS, the South Fort Collins Sanitation District (the "District') provides sanitary sewer service to the area in which the Sunrise Property, the Standerfer Property and Parcel G are located by an existing sanitary sewer line (the "Sewer Line") located in Parcel G (or the Right of Way on Parcel G or other land of Village Homes adjacent to and West of the Sunrise Property and Standerfer Property); WHEREAS, Sunrise is required under its Development Agreement with the City of Fort Collins to provide sanitary sewer service to the Sunrise Property by constructing a connecting sanitary sewer line (the "Connection Line") from the Sunrise Property across the Standerfer Property and Parcel G to the Sewer Line at the manhole located on Parcel G (or in the Right of Way); WHEREAS, construction and installation of the Connection Line has been completed by Sunrise across the Standerfer Property and Parcel G; WHEREAS, Standerfer has agreed to grant to the District a permanent easement for the location and maintenance of the Connection Line across the Standerfer Property upon the terms herein set forth.