HomeMy WebLinkAboutSOUTH MESA - Filed ED-EASEMENT DEDICATION - 2002-10-25OCT 14 '92 08:32 HOLME ROBERTS&OWEN BOULDER, CO
P.4
I/
00
00
EASEMENT DEED
ALFALFAPS M INC., a Colorado corporation (OGlrantors), being
the owner of the following described lands
A part of Lot 23, South Mesa Subdivision,
City of Fort Collins, County of Larimer,
State of Colorado, which begins at the
southwest corner of said Lot 23 and run
thence X0065419 103.01 feet to the
Northwest corner of said Lot 23; thence
N089°550E 189.23 feet along the North line
of said Lot 23; thence Soo°oSOE 103.00
feet; thence S89055fW 191.00 Poet along the
South line of said Lot 23 to the point of
beginning (the ffFroperty"'),
does hereby grant revocable drainage to the ty Of 8
t agecasemmentwhichbegins ort latnColorado, a
theNorthwest
corner of said Lot 23 and run thence N890551E 169.23 feet;
thence S000051E 103.00 zest; thence S890551W 116.00 feet;
thence OS96-00
point ontheWestline foftthence 3
said 23; thenceN00°541E 7.00
feet to the point of beginning, The easement granted herein
may be revoked by Grantor or its successors or assigns upon
recordation by Grantor of a notice of termination, provided
that an alternate drainage plan for the Property, not
utilizing the foregoing easement, has been accepted by the
City of Fort Collins.
Executed this 14Z day of _�= , 1992.
ALFALFAIS FC, INC.,
a Colorado Corporation
Hy:�jn
ynej v ce Yres dent
STATE OF COLORADO
)ss
COUNTY OF
The for of��g instrument was acknowledged before me this
day of ZtL' c , 1992, by Jon Payne, Vice President of
Alfalfa0a FC, Ina., a Colorado Corporation.
Witness my hand and official seal.
(SEAL) Notary Public
My commission expires; A"
:wars
C, i V CIF FGF: W LLINS
Engineering Department
Map # 1
HIQfi ST
I
0
Z
g MOjJROE DR
J
U W
F Q
w
DRAINAGE EASEMENT Io W
i`
IO
U
SIDEWALK EASEMENT H
I
I
HORSETOOTH RD
NO SCALE �T
RCPTN # 92059797 09/2 2 12:55:00 #
PAGES
- '%d0
FEE -
$50.00
M RODENBERGER RECORDER, LARIMER COUNTY CO
STATE
DOC
FEE -
$.00
EASEMENT AGREEMENT
This Agreement, dated this Z3fd day of 1992,
is between Alfalfa's FC, Inc. ("'Alfalfa's"'), 165 Broadway,
Boulder, Colorado 80302, and Green Ridge Builders, Inc. ("'Green
Ridge"'), 1804 Silverleaf Drive, Loveland, Colorado 80538.
RECITALS
A. Alfalfa's has acquired a leasehold interest with
option to purchase in certain real property described as
follows:
Lots 20 and 21, except the south 20 feet
of Lots 20 and 21, and the west 120 feet
of Lot 22, South Mesa Subdivision, City
of Fort Collins, County of Larimer, State
of Colorado (the 'Leased Property").
Alfalfa's has acquired the fee interest in a parcel of real
property described as follows:
The west 189 feet of Lot 23, South Mesa
Subdivision, City of Fort Collins, County
of Larimer, State of Colorado (the "Fee
Property").
The Leased Property and the Fee Property are hereinafter
referred to collectively as the "Alfalfa's Property^'.
B. Green Ridge owns a parcel of real property
described as follows:
Lot 22, less the west 120 feet thereof,
South Mesa Subdivision, City of Fort
Collins, County of Larimer, State of
Colorado (the •Green Ridge Property').
C. Green Ridge and Alfalfa's wish to provide for
certain easements across their respective properties for access
and parking.
7 /
(/ A'-C : E et.�.✓ i i /f is �? /: l .
,J
*40
AGREEMENT
For good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties agree
as follows:
1. Alfalfa's Traffic Easement. (a) Green Ridge
hereby grants, bargains, sells, transfers and conveys to
Alfalfa's a nonexclusive, perpetual easement across the
following described portion of the Green Ridge Property:
A portion of the Green Ridge Property
being a strip of land nine feet in width
from east to west, and approximately
106.02 feet in length from north to
south, the western boundary of which is
the western boundary of the Green Ridge
Property.
(b) The foregoing described easement (the "'Traffic
Easement") shall be for the purposes of ingress, egress and
access between the various portions of the Alfalfa's Property
by Alfalfa's, its agents, invitees, licensees, employees and
customers. Alfalfa's may, at its expense, modify or
supplement any existing pavement or related structures on the
Traffic Easement property to conform with its requirements.
Alfalfa's shall be responsible for the performance of
maintenance and striping of the Traffic Easement property at
its expense; provided, however, that Green Ridge shall bear the
cost of any damage to the Traffic Easement property caused by
the negligence or misconduct of Green Ridge, its agents,
employees, tenants, licensees or invitees. Neither party shall
erect any fence on or adjacent to the Traffic Easement.
(c) Green Ridge hereby covenants, for itself, its
successors and assigns, that neither the owner of the Green
Ridge Property nor any tenants, licensees or invitees thereon
shall in any way permanently block access to or use of the
Traffic Easement property, or temporarily block access to or
use of such property except for loading and unloading of
vehicles and maintenance performed on such property, and that
Alfalfa's, its successors and assigns may enforce such covenant
at the expense of the owner of the Green Ridge Property.
-2-
19
2. Alfalfa's Access Easement. (a) Green Ridge
hereby grants, bargains, sells, transfers and conveys to
Alfalfa's a nonexclusive, perpetual easement across the
following described portion of the Green Ridge Property for
ingress, egress and access by Alfalfa's, its agents, employees,
licensees, invitees and customers, between South Mason Street
and the Alfalfa's Property:
A portion of the Green Ridge Property
being a strip of land 20 feet in width
from north to south, and approximately
175.97 feet in length from east to west,
running from the curb cut on the eastern
boundary of the Green Ridge Property
where such Property connects with South
Mason Street, as such curb cut may be
relocated from time to time, and along
the southern boundary of the Green Ridge
Property to the western boundary thereof.
(b) Alfalfa's shall post the foregoing easement (the
"'Access Easement") with None-wayO, "no entry"' or other
appropriate signs, in Alfalfa's determination, indicating that
the flow of traffic in the Access Easement is one way running
west from South Mason Street across the Green Ridge Property to
the Alfalfa's Property. Alfalfa's may, at its expense, modify
or supplement any existing pavement and related structures to
conform with its requirements. Alfalfa's further agrees to
perform, at Alfalfa's cost and expense, routine maintenance on
the Access Easement for damage caused by normal wear and tear
of traffic; provided, however, that Green Ridge shall bear the
cost of any damage to the Access Easement caused by the
negligence or misconduct of Green Ridge, its agents, employees,
tenants, licensees or invitees and of any damage not resulting
from normal vehicular traffic across the Access Easement.
(c) Green Ridge covenants, for itself, its successors
and assigns, that neither the owner of the Green Ridge
Property, its tenants or its or their invitees or licensees
shall temporarily or permanently block the Access Easement or
any portion thereof, except for loading and unloading of
vehicles and maintenance performed on such property, and
Alfalfa's may enforce such covenant at the expense of the owner
of the Green Ridge Property. Neither party shall erect any
fence on or adjacent to the Access Easement.
-3-
a
%W `40
3. Green Ridge Parking Easement. (a) Alfalfa's
hereby grants, bargains, conveys, sells and transfers to Green
Ridge an exclusive, perpetual easement across a portion of the
Alfalfa's Property comprising six parking spaces, 17 feet in
depth and 9 feet in width, and located abutting to the southern
boundary of the Green Ridge Property, for parking by the
employees and invitees of the tenants of the Green Ridge
Property during normal business hours; provided, however, that
such spaces shall always abut on a common property line between
the Alfalfa's Property and the Green Ridge Property.
(b) Alfalfa's shall designate the foregoing parking
spaces as "'reserved" parking spaces for use by Green Ridge
Property tenants and invitees, but Green Ridge shall be solely
responsible for enforcement of such reserved status. Green
Ridge hereby agrees that it shall hold harmless Alfalfa's, its
agents and employees from any liability arising from the use or
misuse, or enforcement of reserved status, of such parking
spaces. Alfalfa's shall be responsible for normal maintenance
of the parking spaces. Green Ridge covenants that neither it
nor its tenants, their invitees or licensees shall use the
parking spaces for overnight parking of vehicles or the storage
of equipment.
4. Green Ridge Access Easement. Alfalfa's hereby
grants, bargains, sells, conveys and transfers to Green Ridge a
nonexclusive, perpetual easement for ingress, egress and access
across the Alfalfa's Property through such traffic lanes as may
exist from time to time for access from the Green Ridge
Property to McClellan Drive or West Horsetooth Road by Green
Ridge, its tenants and their licensees and invitees. Alfalfa's
may relocate any such traffic lanes from time to time at its
discretion; provided, however, that Alfalfa's shall not
permanently block access to either McClellan Drive or West
Horsetooth Road unless required to do so by the City of Fort
Collins or any other agency having jurisdiction over such
access. Green Ridge, its successors and assigns may enforce
such covenant at the expense of Alfalfa's. Alfalfa's shall be
responsible for all maintenance of such traffic lanes except
for any damage or loss caused by the negligence or misconduct
of Green Ridge, its tenants, or their licensees or invitees.
5. Miscellaneous.
(a) Except as otherwise expressly set forth
herein, as between the parties hereto, each shall be
responsible for any liabilities, claims, costs and expenses
-4-
�✓ *400
arising out of the use of the easements granted to it herein.
Each party shall name the other as an additional insured on any
liability policies in effect.
(b) The covenants and agreements herein shall
run with the land and inure to the benefit of and be binding
upon the successors and assigns of the parties hereto;
provided, however, that this Agreement and the easements and
covenants granted pursuant to this Agreement shall terminate
upon the termination of any possessory interest of Alfalfa's or
its successors or assigns in the Leased Property pursuant to a
Lease and an Option Agreement, both among Alfalfa's, Shirley
DeSautels and Alfred DeSautels and both dated February 20,
1992, or any extensions or renewals thereof. Notwithstanding
the foregoing, this Agreement and the easements granted herein
shall not terminate if Alfalfa's or its successor or assign
becomes the owner of the Leased Property, whether pursuant to
the foregoing Option Agreement or otherwise.
EXECUTED to be effective for all purposes as of the
date set forth above.
ALFALFA'S FC, INC.
By:S. M. Ha sa , President
GREEN RIDGE PROPERTIES, INC.
By:
Leroy P Gabriel, President
-5-
ACKNOWLEDGEMENT
STATE OF COLORADO )
ss.
COUNTY OF &41PE )
The foregoing instrument was acknowledged before me
7
this � day of 1992, by S. M. Hassan, as President
of Alfalfa's FC, Ine., a Colorado corporation, on behalf of
„.such corporation.
Witness my hand and official seal.
[SLAL,j'. 'tar Public
My commission expires:
STATE OF COLORADO )
ss.
COUNTY OF�
The foreg ing instrument was acknowledged before me
this day of 1992, by Leroy P. Gabriel, as
Pres dent of Green idge Properties, Inc., a
cor on, on behalf of such corporation.
,ptA.PJj
Y'..... . ess my hand and official seal.
PATSY S.
p NAii
sA �� Notary b c
J commission expires:
'aF C&�
-6-
frbd:hw7
CONSENT
Shirley DeSautels and Alfred DeSautels, owners of the
Leased Property described therein, hereby consent to the
foregoing Easement Agreement.
c
Date: September 23 , 1992 �:Z;rjj '4L"
Sh rle r
Sautels
Date: September 23 , 1992 �w
Al red DeSautels
ACKNOWLEDGEMENT
STATE OF COLORADO )
) ss.
COUNTY OF ARAPAHOE )
The foregoing instrument was acknowledged before me
this 23 day of September, 1992, by Shirley DeSautels.
Witness my hand and official seal. \ /�
[SEAL]-, tary Public
My commission expires: l-3/- cf3
-7-
STATE OF COLORADO )
) ss.
COUNTY OF ARAPAHOE )
The foregoing instrument was acknowledged before me
this 23 day of September , 1992, by Alfred DeSautels.
Witness my hand and official seal.
[SEAL] 6,Xotary Public
My commission expires•
-8-
frbd:hw7
44W v./
CONSENT AND SUBORDINATION
Lyons Savings & Loan Association, the present
beneficiary of a lien on the Green Ridge Property originally
granted for the benefit of Mortgage Finance, Inc. pursuant to
deed of trust dated August 29, 1985, and recorded September 5,
1985 at Reception No. 85044694 of the Larimer County records,
hereby consents to the foregoing Easement Agreement and
subordinates its interest in the Green Ridge Property to the
Traffic Easement and the Access Easement described therein, as
if the Easement Agreement had been executed, acknowledged,
delivered and recorded prior to the grant of a lien for the
benefit of the fundersigned or its predecessors in interest.
Date: J , 1992 LYONS SAVINGS & LOAN ASSOCIATION
By:
Titl
ACKNOWLEDGEMENT
STATE OF KANSAS )
) ss.
COUNTY OF RICE )
The foreg ng instrument was acknowledged before me
this S day of erl5mdfj< , 1992, by Kevin McClure, as
President of Lyons Savings & Loan Association, a
federal savings and loan association, on behalf of such
association.
Witness my hand and official seal.
NOTARY PUBLIC `
EAMATE OF KANSAS � Notary Public
M11Y PF7. EXMRES
My commission expires: lam/ PEA
RCPTN # 93003991 01/20/93 15:52:00 # PAGES - 1 FEE -
M RODENHERGER RECORDER, LARIMER COUNTY CO STATE DOC FEE -
ATTORNEY'S CERTIFICATE
This is to certify that on the 28th day of September,
1992, I examined the title to the following real property
located in Larimer County:
A part of Lot 23, South Mesa Subdivision,
City of Fort Collins, County of Larimer,
State of Colorado, which begins at the
Southwest corner of said Lot 23, and runs
thence N 000 54' E 103.01 feet to the
Northwest corner of said Lot 23; thence N
890 55' E 189.23 feet along the North line
of said Lot 23; thence S 000 05' E 103.00
feet to a point on the South line of said
Lot 23; thence S 890 55' W 191.00 feet to
the point of beginning.
The fee owner of record of the property as construed in C.R.S.
1973, 31-23-111, is Alfalfa's FC, Inc., a Colorado
corporation.
Title to the property is subject to taxes and
assessments, reservations of oil, gas and minerals, and
covenants, conditions, restrictions and easements of record.
Fr ya R. Brier
Holme Roberts & Owen
1401 Pearl Street, Suite 400
Boulder, Colorado 80302
Registration No.:
LLGD/AA9
013156
$5.00
$.00
CONSENT AND SUBORDINATION
John T. Kearns, the Trustee of the Profit -Sharing Plan
and Trust Agreement of John T. Kearns, P.C. and the Trustee of the
Profit -Sharing Plan and Trust Agreement of Kearns & Ryan, P.C., the
Present beneficiaries of liens on the leased property pursuant to:
(1) Deed of Trust dated May 18, 1987, Reception No. 87029212 of the
Larimer County records; (2) Deed of Trust dated June 22, 1988,
Reception No. 88029265 of the Larimer County records; (3) Deed of
Trust dated July 1, 1989, Reception No. 89031199 of the Larimer
County records; and (4) Deed of Trust dated January 4, 1991,
Reception No. 91001320 of the Larimer County records, hereby
consents to the foregoing Easement Agreement and subordinates his
interest in the leased property to the Parking Easement and the
Green Ridge Access Easement described therein, as if the Easement
Agreement had been executed, acknowledged, delivered and recorded
prior to the grant of the liens for the benefit of the undersigned
or his predecessors in interest.
Date: September 23, 1992
John T. Kearns, Trustee
STATE OF COLORADO )
ss.
COUNTY OF ARAPAHOE )
The foregoing instrument was acknowledged before me this
23rd day of September, 1992, by John T. Kearns. Trustee_
WITNESS my hand and official seal.
[SEAL] G��l 72�
otary Public
My commission expires:
OCT 14 '92 08:30 HOLME ROHERTS&OWEN BOULDER, CO
P.2
RCPTN # 93003992 01/20/93 15:52:00 # PAGES - 2 FEE -
M RODENBERGER RECORDER, LARIMER COUNTY CO STATE DOC FEE -
DEED OF DEDICATION
This Easement Deed, dated this %day of October,
1992, is from Alfalfa's FC, Ina., a Colorado corporation to
the City of Fort Colline, Colorado.
RECITALS
A. Grantor owns certain real property described as
the west 189 feet of Lot 23, South Mesa Subdivision, City of
Fort Collins, County of Larimer, State of Colorado (the
•PropertyM).
B. Grantor has constructed a new sidewalk on the
Property, detached from the curb along McClellan Drive.
C. The City of Fort Collins (the oCity") desires
that an easement for public access along the sidewalk be
dedicated by Grantor.
EASEMENT DEDICATION
Grantor, being the owner of the Property, for good
and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, does hereby dedicate, transfer
and convey to the City of Fort Collins, Colorado, a municipal
corporation, for public use forever a permanent easement for
ingress and agrees across the sidewalk within the following
described piece of the Property:
The west 10 feet of Lot 23, South Mesa
Subdivision, city of Fort Collins, County
of Larimer, State of Colorado.
It is understood by the undersigned that, by
acceptance of this dedication, the City of Fort Collins will
not accept the duty of maintenance of such easement.
$10.00
$.00
' 01 i Y OF Fo' T COLLINS
OCT 14 '92 08:31 HOLME ROBERTS&OWEN BOULDER, CO P•3
vl
Executed as of the data not forth above.
ALFALFA'S FC, INC.
STATE OF COLORADO
yse
COUNTY OF //
The fore oinq instrument was acknowledged before me this �/ t(
day of 1 1292, by la � „L as
J' -'4 or Alfalfa�s F , Inc., IL ColoracLo
corporation, on behalf of such corporation.
Witness my hand and official seal.
(SEAL) Notary Public
My commission expires: /f' ��3
-2_
FVW/ICB
e
Engineering Department
Map # 1
H19H 3T
0
5
MONROE DR
s
w
DRAINAGE EASEMENT w
O
U
2
SIDEWALK EASEMENT F—
N
HORSETOOTH RD
NO SCALE �T
RCPTN # 93003980 01/20/93 15:52:00 # PAGES - 2 FEE -
M RODENBERGER RECORDER, LARIMF,R COUNTY CO STATE DOC FEE - $1$-00
00
DEED OF DEDICATION
This Easement Deed, dated this 15th day of October,
1992, is from Shirley and Alfred DeSautels to the City of Fort
Collins, Colorado.
RECITALS
A. Grantors own certain real property described as
Lot 21, except the south 20 feet of Lot 21, and the west 120
feet of Lot 22, South Mesa Subdivision, City of Fort Collins,
County of Larimer, State of Colorado (the "Property^').
B. The Property has been leased to Alfalfa's FC,
Inc., a Colorado corporation ("Alfalfa's"), which has
renovated the building located thereon to use as a grocery
store. As part of such renovation, Alfalfa's has constructed
a new sidewalk, detached from the curb along McClellan Drive.
C. The City of Fort Collins (the "City") desires
that an easement for public access along the sidewalk be
dedicated by Grantors.
I*T-0 allozyM91310Eva Wto] kiI
Grantors, being the owners of the Property, for good
and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, do hereby dedicate, transfer
and convey to the City of Fort Collins, Colorado, a municipal
corporation, for public use forever a permanent easement for
ingress and egress across the sidewalk within the following
described piece of Property:
The west 10 feet of Lot 21, except the
south 20 feet of such Lot 21, and the west
10 feet of Lot 22, South Mesa Subdivision,
City of Fort Collins, County of Larimer,
State of Colorado.
It is understood by the undersigned that, by
acceptance of this Dedication, the City of Fort Collins will
not accept the duty of maintenance of such easement.
Executed as of the date set forth above.
0 y- Q
SHIRLEY sAliTELS A14PRED DESAUTELS
STATE OF COLORADO
)ss
COUNTY OF = (kS c7 )
The foregoing instrument was acknowledged before me this IS
day of 1992, by Shirley DeSautels.
Witness my hand and official seal.
(SEAL) Notary Public
My commission expires:
STATE OF COLORADO )
)ss
COUNTY OF AS^v )
The foregoing instrument was acknowledged before me this 1 S 44%
day of 1992, by Alfred DeSautels.
Witness my hand and official seal.
(SEAL) Notary Public
Mycommission expires: g - + 3 - 9 c,
-2-
FRBDIIC7
RCPTN # 93003982 01/20/93 15:52:00 # PAGES - 1 FEE - $5.00
M RODENHERGER RECORDER, LARIMER COUNTY CO STATE DOC FEE - a nn
ATTORNEY'S CERTIFICATE
This is to certify that on the 28th day of September,
1992, I examined the title to the following real property
located in Larimer County:
Lots 20 and 21, except the south 20 feet of
Lots 20 and 21, South Mesa Subdivision,
City of Fort Collins, County of Larimer,
State of Colorado, (the "Property").
The fee owners of record of the Property as construed in
C.R.S. 1973, 31-23-111, are Alfred DeSautels and Shirley H.
DeSautels, subject to the following encumbrances:
1. Deed of Trust dated May 18, 1987, to
John T. Kearns, Trustee of the Profit -Sharing Plan and Trust
Agreement of John T. Kearns, P.C., and recorded on May 21,
1987 at Book 1809, Page 948, Reception Number 219849, in the
real property records of Larimer County, Colorado; and
2. Deed of Trust dated June 22, 1988, to
John T. Kearns, Trustee of the Profit -Sharing Plan and Trust
Agreement of John T. Kearns, P.C., and recorded on June 29,
1988 at Reception Number 88029625, in the real property
records of Larimer County, Colorado; and
3. Deed of Trust dated July 1, 1989 to
John T. Kearns, Trustee of the Profit -Sharing Plan and Trust
Agreement of John T. Kearns, P.C., and recorded on July 14,
1989 at Reception Number 89031149 in the real property records
of Larimer County, Colorado; and
4. Deed of Trust dated January 4, 1991, to Profit -
Sharing Plan and Trust Agreement of Kearns & Ryan, P.C., and
recorded on January 10, 1991, at Reception Number 91001320, in
the real property records of Larimer County, Colorado.
Title to the property is subject to taxes and
assessments, reservations of oil, gas and minerals, and
covenants, conditions, restrictions and easements of record.
n
FrVya RL Brier
Holme Roberts & Owen
1401 Pearl Street, Suite 400
Boulder, Colorado 80302
Registration No.: 013156
LLGD/AA8
RCPTN # 93003981 01/20/93 15:52:00 # PAGES - 1 FEE -
M RODENBERGER RECORDER, LARIMER COUNTY CO STATE DOC FEE -
CONSENT AND SUBORDINATION
$5.00
$ O(I
John T. Kearns, the Trustee of the Profit -Sharing Plan and
Trust Agreement of John T. Kearns, P.C. and the Trustee of the
Profit -Sharing Plan and Trust Agreement of Kearns & Ryan, P.C., the
present beneficiaries of liens on the leased property pursuant to:
(1) Deed of Trust dated May 18, 1987, Reception No. 87029212 of the
Larimer County records; (2) Deed of Trust dated June 22, 1988,
Reception No. 88029265 of the Larimer County records; (3) Deed of
Trust dated July 1, 1989, Reception No. 89031199 of the Larimer
County records; and (4) Deed of Trust dated January 4, 1991,
Reception No. 91001320 of the Larimer County records, hereby
consents to the foregoing Easement Agreement and subordinates his
interest in the Deed of Dedication from Shirley and Alfred
DeSautels to the City of Ft. Collins dated October 15, 1992, as if
the Deed of Dedication had been executed, acknowledged, delivered
and recorded prior to the grant of the liens for the benefit of the
undersigned or his predecessors in interest.
Date: October 15, 1992.
John T. Kearns, Trustee
STATE OF COLORADO )
) ss.
COUNTY OF ARAPAHOE )
The foregoing instrument was acknowledged before me this 15th
day of October, 1992, by John T. Kearns, Trustee.
WITNESS my hand and official seal.
My commission expires: January 31, 1993
*0_tLakr_y
d��il c e Publ c