HomeMy WebLinkAboutNRRC - Filed OA-OTHER AGREEMENTS - 2014-07-11PROFESSIONAL. SERVICES AGREEMENT
THIS AGREEMENT made and entered into the day and year set forth below, by and
between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter
referred to as the "City" and Felsburg Holt & Ullevig, hereinafter referred to as "Professional".
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed by
and between the parties hereto as follows:
1, Scooe of Services. The Professional agrees to provide services in accordance with
the scope of services attached hereto as Exhibit "A", consisting of nine (9) pages, and incorporated
herein by this reference.
2. The Work Schedule. The services to be performed pursuant to this Agreement shall
be performed in accordance with the Work Schedule attached hereto as Exhibit "B", consisting of
one (1) pages, and incorporated herein by this reference.
3. Contract Period. This Agreement shall commence upon execution, and shall
continue in full force and effect until October 31, 2007, unless sooner terminated as herein
provided.
4. Early Termination by M. Notwithstanding the time periods contained herein, the
City may terminate this Agreement at any time without cause by providing written notice of
termination to the Professional. Such notice shall be delivered at least fifteen (15) days prior to the
termination date contained in said notice unless otherwise agreed in writing by the parties.
All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent
to the following addresses:
Professional: City:
Felsburg, Holt & Ullevig City of Fort Collins
Attn: Richard R. Folimer Attn: Kathleen Bracke
5300 South Syracuse Way PO Box 580
Ste 600 Fort Collins, CO 80522
Centennial CO 80111
With Copy to:
City of Fort Collins, Purchasing
PO Box 580
Fort Collins, CO 80522
Standard Professional Services Agreement- rev 09/01/06 1
• Prepare a kit -of -parts that illustrate the preferred finishes, colors, textures, lights,
pavements, wall treatments, landscape types and other features.
• Meet with TAC to present the preferred design concept and cost estimates. (Meeting
#5)
• Meet individually with landowners to discuss the preferred plan.
• Make minor revisions to plans and sketches as directed by City staff.
• Conduct public open house #2 to present preferred design concept, sketches and
graphics, as well as inform public of next steps.
DELIVERABLES:
- Alternative and preferred site plans
- Sections, sketches and other graphics to illustrate design intent. (preliminary,
refined and final versions); assumes 1 sketch of each option at each stage of
refinement.
- Kit -of -parts board with images and/or sketches.
- Preliminary cost estimates
- Preliminary structural recommendations and design criteria
- Meeting minutes
4. BNSF Railway and Colorado Public Utilities Commission Coordination - All crossings of
railroads are regulated by the Colorado Public Utilities Commission (PUC). Grade -separated
pedestrian/bicycle facilities, in addition to meeting design requirements of local, state and
federal pedestrian/bicycle design codes, must also meet clearance and safety criteria in
accordance with the PUC and the respective railroad standards.
A PUC application for crossing the BNSF Railway will be required. This application
generally includes a project description, a list of affected parties, preliminary plans, ROW
impacts, and cost estimates. Once the application has been filed with the PUC and deemed
"complete", the project notification period of 30 days begins. This time allows for the
involved parties to review the project and provide comment. Following the 30 day
notification period, uncontested applications may either be ruled approved by the
Commission, or considered approved if no commission action is taken within 15 days, for a
total process time of 60 days.
A BNSF agreement will also be required for the project. Buried facilities (with no surface
features within the BNSF right-of-way) are typically authorized through an easement process
Standard Professional Services Agreement- rev W101106 10
with a one-time fee. Permanent surface features within the BNSF right-of-way are usually
handled through a License Agreement with an annual fee. These agreements are subject to
legal review by attorneys for all parties, and can take some time. Due to the limited area of
this project, and the familiarity with the process from the first phase of the Mason
Transportation Corridor Trail to the south, it is estimated that this agreement should take less
than one year following acceptance of the crossing design alternative.
NOTE: Both the PUC application and BNSF agreement documents include cost estimates,
preliminary plans, right-of-way costs and other design related information typically
completed as part of preliminary design. The PUC application and BNSF agreement
processes are typically initiated following the FIR level of effort and review. Discussions
with the BNSF and PUC are initiated earlier to introduce each agency to the project, and
obtain any initial guidance.
DELIVERABLES:
- PUC Application - to be submitted by the City as the applicant. FHU will prepare
the draft and exhibits for City review and approval prior to the City's formal
submittal to the PUC
Completion of the BNSF Construction and Maintenance Agreement Template
(once received from the BNSF) - the template will be provided to the City and/or
FHU for completion of the details, after which review by the City legal staff and
BNSF law department begins
Initiation of the Staubach (BNSF's Real Estate Representative) easement and/or
license agreement process and assistance to the City in advancing the process
Development of the draft PUC Application and exhibits for the crossing
Coordination with the BNSF, Staubach and PUC to assist the City - FHU will
monitor progress of the documents and assist where needed
Preparation of permit applications for conducting field research, i.e., soil borings,
surveying within BNSF right-of-way, as necessary.
- Coordination of safety training
- Meeting minutes
5. Preliminary and final Design- FHU will provide the civil, drainage, and utility design for
the project including the evaluation of needed drainage structures, utility relocations, or the
reconfiguration of parking stalls or other features near or within adjacent private property.
Standard Professional Services Agreement- rev 09/01/06 11
Upon completion of the concept planning, FHU will prepare and issue a structure selection
report that will evaluate and document the preferred structure type. Upon approval of the
preferred structure by the City, the FHU Team will proceed with preliminary and final design
and contract document preparation. As a Iocal agency project, all work will be accomplished
in accordance with AASHTO, BNSF and CDOT design guidelines, memorandums, standards
and specifications. Several coordination/progress meetings, in addition to the FIR and FOR
meetings are anticipated to occur during this process.
Preliminary Design will include:
• Additional field survey by City staff, if needed
• Geotechnical recommendations
• Public and private utility coordination
• Ramp alignment plans and profiles
• Site plan grading and design (as required)
• Drainage design
• Proposed lighting locations/selection of preferred fixtures
• Grade separation layout, sections and elevations
• Opinion of probable construction cost
• Required right-of-way and easements
• Submittal of plans to the City, CDOT and other agencies for review
• Field Inspection Review (FIR) Meeting
Meeting minutes
Preliminary design plans will be submitted to the City, CDOT and BNSF for review.
Final Design will include:
• Incorporation of FIR Comments into design/plans
• Continued utilitylagency coordination
• Final ramp design/plans
• Site plans, grading and design
• Final drainage design/report
• Lighting plans — it is anticipated that the City of Fort Collins Light & Power will
install lighting except on the structure itself. As such, lighting plans will only be
prepared for lights on or within structure elements.
Final structure design
Standard Professional Services Agreement- rev 09101106 12
• Environmental mitigation plans (as required)
• Utility relocation/modification plans
Quantity tabulations and summary
• Engineer's opinion of probable construction cost
• Submittal of plans, specifications and estimate to the City, CDOT and other agencies
for review
• Final Office Review (FOR) Meeting
• Meeting minutes
Final design plans will be submitted to City, CDOT and BNSF for review. Final design
comments will be incorporated in the Advertisement plans.
Contract Documents:
• Incorporate comments from FOR review into plans and specifications
• Utility Agreements
• Submit design/check calculations and final plans to CDOT Staff Bridge for their
records. Submit structure design certification letter to CDOT
• Finalize plans, specifications and estimates
• Submit contract documents to the City for advertisement
DELIVERABLES:
Construction plans and specifications, project cost estimate, structure selection
report, design certification letter, independent design check
$. ROW Clearance /Acquisition — The FHU Team will work closely with the City surveyor
to prepare the ROW plans for review by CDOT and we will finalize these plans to obtain the
ROW clearance. We will also coordinate with the City surveyor to prepare graphical
representations that match legal descriptions for obtaining private property and/or easements,
if necessary.
We will:
• Define slope limits and identify ROW/easement needs
• Prepare a set of ROW plans in CDOT format; assist in obtaining ROW clearance
from CDOT
• Assist in the preparation of legal descriptions
• Prepare property mitigation plans for use in negotiations.
Standard Professional Services Agreement- rev 09/01/06 13
We have followed this process, with good success, recently for the City on the North College
Avenue, US 287 Bike Lane and Mason Trail projects. On these projects, the City surveyor
performed the record and field research, and provided geometry and legal descriptions for the
parcel.
DELIVERABLES;
- ROW plans, legal descriptions (by city surveyor), property mitigation plans,
ROW clearance
y Utility and Environmental Clearances — FHU will be responsible
sablebase for obtaipingning
utility
the data
from both public and private entities, for preparing the y
project boundaries, and for providing valued input during the concept planning / structure
selection, and preliminary and final engineering phases of the project.
To obtain the utility clearance, we will:
Schedule and conduct a utility coordination meeting
• Identify locations for potholing
• Identify critical conflicts and coordinate utility relocations/design revisions
• Coordinate power source location(s)
• Coordinate with lighting designer
Develop utility specifications
FHU's environmental staff will document certain aspects for the completion of a Categorical
Exclusion (CDOT Form 128). FHU staff will complete the following main tasks:
Initial Site Assessment to identify any potential hazardous materials that could be
encountered during construction
Threatened or Endangered Species habitat analysis and presence/absence
documentation
Wetland survey
Other documentation needed for Form 128 compliance is not anticipated to be thorough;
however, FHU will provide appropriate documentation for completion of the Form for air
quality, noise, and farmland protection. Through conversations with CDOT staff, it is
understood that CDOT will perform the archaeology, paleontology, historic resources,
historic bridge analysis, and Section 4(f) (park and recreations lands) and 6(f) (land
conservation properties) resource clearances for this project.
Standard Professional Services Agreement- rev 09/01/06 14
DELIVERABLES:
— Initial Site Assessment, T&E Presence/Absence Documentation, Wetlands
Survey, Form 128, Permits as necessary
g, Construction ASSlstancO — Based on our experience on construction
of ofher Local
compliance
Agency projects with CDOT, we can provide assistance h' o
with the State's requirements during construction. At a minimum, the following services will
be provided:
a pre -bid meeting, assist with bid addenda, review bids and
Bid assistance —attend
provide recommendations for contractor selection
Interpretation of plans and specifications
Shop drawing review
• Design revisions
• Production of record drawings
• Answer questions via phone, email or in the field
The following additional services are available:
Daily Construction Administration — manage budget and schedule, assure
construction quality and contract compliance, maintain project documentation
Observation — daily or supplemental to the City's observation.
• Review of contractor submittals
g, Public Involvement Plan — Our team's public involvement approach is based on both
practical experience and best practices that have been verified through field experiences.
Specific tasks will include:
• identify interested and affected parties including adjacent residents, business and
property owners
• Gather contact information
• Identify issues, insights and concerns
• Provide project progress information, including periodic mailings, postings on City
website, and media releases. Consultant will prepare information in consultation with
the City and then provide camera ready material for reproduction and distribution,
mailing or posting by the City
• Public Open Houses (3) with project announcements (3) could be in the form of a
newsletter
Standard Protesstona4 Services Agreement- rev 09101/06 15
ill be:
It is anticipated that the Open House schedule w
1st Open House (Fall 2006) —
present the conceptual design alternatives of the
project; obtain resident, property owner and stakeholder input
2nd Open House (Spring 2007) — Present the conceptual design recommendations
3rd Open House (Fall 2007) — Present the final design and construction schedule
In support of the Open Houses, the FHU Team:
Arrange for the location and refreshments
• Provide visuals, sign -in sheets, handouts
• Create and distribute publicity materials
• Send out e-mail announcements to interested parties
• Summarize findings from the open houses
• Provide project materials to Senior Center, public libraries and Front Range
Community College Library
As a follow-up to the Open House, the FHU Team will:
Provide materials from open houses for posting on City website
• Conduct outreach and follow-up
• Track feedback and concerns
• Share with identified team members
• Communicate how issues are addressed
Standard Professional Services Agreement- rev 09/01106 16
Al
-71
EL
H
EXHIBIT C
Standard Professional Services Agreement- rev 09101106 17
EXHIBIT D
Standard Professional Services Agreement- rev MOM 18
In the event of any such early termination by the City, the Professional shall be paid for services
rendered prior to the date of termination, subject only to the satisfactory performance of the
Professional's obligations under this Agreement. Such payment shall be the Professional's sole right
and remedy for such termination.
Project Indemnity and Insurance Responsibility. The Professional shall be
5. Desian
responsible for the professional quality, technical accuracy, timely completion and the coordination
of all services rendered by the Professional, including but not limited to designs, plans, reports,
specifications, and drawings and shall, without additional compensation, promptly remedy and
correct any errors, omissions, or other deficiencies. The Professional shall indemnify, save and hold
harmless the City, its officers and employees in accordance with Colorado law, from all damages
whatsoever claimed by third parties against the City; and for the City's costs and reasonable
attorneys fees, arising directly or indirectly out of the Professional's negligent performance of any of
the services furnished under this Agreement. The Professional shall maintain commercial general
liability insurance in the amount of $500,000 combined single limits and errors and omissions
insurance in the amount of $1,000,000.
6. Compensation. In consideration of the services to be performed pursuant to this
Agreement, the City agrees to pay Professional a fixed fee in the amount of Two Hundred Forty
Thousand Three Hundred Ten Dollars ($ 240,310.00) plus reimbursable direct costs. All such fees
and costs shall not exceed Two Hundred Forty Seven Thousand Four Hundred Five Dollars and
Seventy Five Cents ($247,405.75). Monthly partial payments based upon the Professional's billings
and itemized statements are permissible. The amounts of all such partial payments shall be based
upon the Professional's City -verified progress in completing the services to be performed pursuant
hereto and upon the City's approval of the Professional's actual reimbursable expenses. The
parties acknowledge that Edaw, Yeh & Associates, Clanton & Associates and City Visions are not
parties to this agreement. However, the rates listed for services to be provided by these
subcontractors shall be the rate paid by the City to the Professional for these services. If the
Standard Professional Services Agreement- rev 09/01/06 2
SCOTT DOYLE. CLERK
II'IIII III'IIIII'lll IIIIIIII'lllll,Il �II LARIMER COUNTY CO
RCPTNit 2005-0007910 014`53:0005
PAGES - 14 FEE $71.00 DOC $0.00 #430361
Non -Exclusive Easement Agreement
Trail Easement
Thi Non -Exclusive Easement Agreement ("Agreement") is entered into this -! day
of M 2004, by and between the Board of Governors of Colorado State University
System, by and through Colorado State University, whose address is 309 Administration
Building, Colorado State University, Fort Collins, Colorado 80523 (the "Board") and the City of
Fort Collins, a Colorado Municipal Corporation, whose address is 300 LaPorte Avenue, Fort
Collins, Colorado 80521 ("Grantee").
Consideration, Descri tion and
Purpose. In exchange for the promises of the Board and the Grantee as set forth in this
rp
Agreement, and other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the parties agree to the terms herein.
QWalWN - ilin gross over the land of the Board more
particularly described in Exhibit A and generally shown in Exhibit B (Permanent Easement).
Exhibits A and B are attached hereto and are incorporated herein by this reference. This
Permanent Easement is granted fmd
+r ;1 (4 " ..;I") and s
i
1.2. Construction Easement. The Board grants to the Grantee
ANNOW
for purposes of initial installation of the stone drainage facilities and the
Trail, and Grantee's access and construction shall be confined to the the Permanent Easement
and the property described on Exhibit C attached hereto and by this reference made a part hereof
(Construction Easement). The Grantee will assure that all gates accessed are closed and secured,
and any fencing disturbed during access or construction is repaired or replaced. The
Construction Easement shall qAliWpon completion of installation of the Trail and the storm
drainage facilities, but in any event
1.3. Other Uses. Grantee acknowledges that the Permanent Easement
described in Exhibits A and B is intended to accommodate and will be subject to other specific
easements in gross to other grantees. Grantee agrees to cooperate with the Board and the
recipients of other easements in the construction, installation, and maintenance of the Permanent
Easement.
2. Agreement of Grantee. In exchange for the Board's grant of the Construction
Easement and the Permanent Easement,
2.1. Survey. The Grantee agrees that all documents, plats and descriptions as
are attached hereto as exhibits are the result of surveys engaged by the Gr tee at its sole
expense for the purpose of surveying the boundaries for the Permanent E ement, and the Board
CITY OF FORT RM COLLINS
Irk V/ 04-a-nJ
SKLD LG SKL10231 LR 7910-2005.001
assumes no responsibility for the accuracy of such survey obtained by the Grantee nor for
damages resulting from inaccuracies.
2.2. Environment and Character of Land. Any Fork or activity undertaken by
as to
Grantee in connection with this Agreement the haractterraand appearance of theearbyed, designed and carried tland and
interfere as little as reasonably possible its aesthetic character.
the surrounding environment, including
2.3. Drawin s and Specific tiOns
shall be submitted to the Board orawings and r it repres repreany work sentative
construction contemplated in this Agreement work. Such review and approval shall be solely for
for approval prior to commencement hether o� not the proposed improvements are consistent with the
the purpose of determining by the Board shall not be construed as
rights approval granted in this Agreement, and any pP uac of the
expanding such rights, or as an approval of the technical merits or adeq Y
improvements. The Grantee shall be solely responsible for performing the work or construction
in accordance with the rights granted herein and for any liability arising from the performance of
such work.
the
2.4. Consent for Work. Except in cases of emergency, Grantee
reacd ty wiithin
prior consent of the Board or its representativeonbefore
un Such onsent. shall not be unreasonably
the Permanent Easement o
withheld. All access routes . the permanent ofthe facilities constructed orment or the Construction erected in
Grantee's construction, repair, or hall be
accordance with this Agreement shall be by route or routes reasonably designated by the Board.
ee
2.5. Costs to be Borne . All curred in connection with any
by �tfacilitiesocontemmplated in this Agreement hall
sts
work, construction, restoration, maintenance, and
be borne entirely by the Grantee.
2.6. R.est`r_► After completion of any work undertaken in to ante or
this Agreement (whether the work involves original construction or later repai, improvements,
demolition), Grantee shall, with the exception of the Trail and storm drainage
restore the land and any improvements thereon to the condition immediately prior to such work-
restore
GeJ es. The Board shall prohibit all other uses of the Permanent
nded purpose
Easement unless the University determineswith
the rantt is e 's rights to use the eas, necessary to ement nt granted.
of the easement, and not inconsistent v✓rth
2.8. Mauiten Main allstorm water facilities and the Trail Permanenttion of continued use of this cted or
Easement, Grantee shall properly main Board may,
installed by Grantee in connection with and Trail a eG'rantee's cost aupon any failure by
Grantee, so maintain such storm water facilities
Grantee to properly maintain as required hereunder.
2.9. Indemnification. Not applicable.
SKL10231 LR 7910-2005.002
V
2.10. Compliance with Rules and Regulations. Grantee will comply with all
reasonable rules and regulations regarding the use of the land which have been or may be
adopted by the Board, to the extent such compliance does not unreasonably interfere with
Grantee's use of the land as contemplated in this Agreement.
2.11. Removal of Access Routes and Work Areas. the
Construction Easement and the Permanent Easement and work areas used for construction,
repair, maintenance or removal shall be
2.6. herein.
3. Rights Reserved by the Board. The Board reserves all rights (including mineral
rights) in the Permanent Easement, and the right to occupy and use it for all purposes not
inconsistent with the rights granted herein to the Grantee.
3.1. Continuous Use Rieht of Entry for Condition Broken. This Agreement is
conditional on Grantee's continuous use of the Permanent Easement for the purposes described
herein, and if the Grantee shall cease to use the Permanent Easement for the described purposes,
the Board shall have the right to re-enter the said unused premises and terminate this Agreement
after having given notice of the Board's election to so terminate in the manner specified in this
Agreement. To enforce this provision, the Board may, but is not required to bring an action for
ejectment or an equivalent action.
3.2. Sale, Lease or Other Easement. The Board may grant other easements
within the Permanent Easement, so long as Grantee's use of the Permanent Easement is not
unreasonably impaired. The Grantee shall not grant any easements within or other rights to use
the Permanent Easement.
3.3. Right to Relocate. The Board reserves the right, at the Board's cost, to
relocate this Permanent Easement and any improvements constructed by Grantee hereunder so
long as such relocation does not adversely impact the purpose of the Permanent Easement and
the performance of said improvements.
4. Other Terms and Conditions. The parties agree to the following additional terms
and conditions:
4.1. Prior Easements. This Permanent Easement is granted subject to all
easements, rights -of -way, and other matters of record, and those previously granted and now in
force and effect. The Board makes no warranties or representations as to matters of title.
4.2. Additional Use. Use of the Permanent Easement for any purpose or
facilities not specified herein shall require written consent of the Board, or its designee, and prior
amendment of this Agreement, executed in the same manner as this Agreement.
4.3. Non -Assignability. This Agreement is not assignable by the Grantee.
SKLD LG SKL10231 LR 79!0-2005.003
^ARA47FirmRK.^,i"��54NYRlI^.M..IIi7iRR-
. . ..,... �a.,....m. .. n ., .
4.4. Successors. Subject to the limitations on assignment set forth in paragraph
4.3 herein, this Agreement shall be binding on the parties' legal successors.
4.5 Third PUty Beneficiary: It is expressly understood and agreed that the
enforcement and conditions of this Agreement and all rights contained herein relating to
enforcement, shall be strictly reserved to the Board and the Grantee. Nothing contained in this
Agreement shall give or allow any claim or right of action whatsoever by any third person or
entity. It is the express intention of the Board and the Grantee that any such person or entity,
other than the Board or the Grantee, receiving services or benefits under this Agreement shall be
deemed an incidental beneficiary only.
4.6 Sovereign Immunity: Notwithstanding any other provision of this
Agreement, no term or condition of this Agreement shall be construed or interpreted as a waiver,
express or implied, of any of the immunities, rights, benefits, protection, or other provisions of
the Colorado Governmental Immunity Act, Section 24-10-101, et se ., C.R.S., as now or
hereafter amended. The parties understand and agree that liability for claims for injuries to
persons or property arising out of negligence of a party, its departments, agents, officials and
employees is controlled and limited by the provisions of Section 24-10-101, gt se ., C.R.S. as
now or hereafter amended and the risk management statutes, Section 24-30-1501, et seq., C.R.S.
as now or here after amended.
4.7. Representatives and Notice. For the purposes of this Agreement, the
parties designate the following persons as their representatives and list the following addresses
for the delivery or mailing of notices and other communications:
Representative for the Grantee:
City Manager
City of Fort Collins
P. O. Box 580
Fort Collins, CO 80522
Representative for the Board:
Facilities Management
Real Estate Services
Facilities Services Center North
Colorado State University
Fort Collins, CO 80523-6030
with copy to:
Real Estate Services Manager
City of Fort Collins
P. O. Box 580
Fort Collins, CO 80522
with copy to:
General Counsel
202 Administration Building
Colorado State University
Fort Collins, CO 80523-6030
Any notice required or desired to be given under this Agreement shall be deiivered or mailed by
certified mail to the addresses listed above.
5. Jurisdiction. The laws of the State of Colorado and the rules and regulations
issued pursuant thereto shall be applied in the interpretation, execution, and enforcement of this
Agreement. Any provision of this Agreement, whether or not incorporated herein by reference,
that provides for arbitration by any extra judicial body or person or which is otherwise in conflict
SKLD LG SKL10231 LR 7910-2005.004
with said laws, rules and regulations shall be considered null and void. Nothing contained in any
provision incorporated herein by reference which purports to negate this or any other special
provision in whole or in part shall be valid or enforceable or available
rendered null and void by
in any action at law
whether by way of complaint, defense, or otherwise. Any provision
the operation of this provision will not invalidate the remainder of this Agreement to the extent
that the agreement of the parties is capable of execution.
6. No Corrupt Influences. The signatories hereto aver that they are familiar with
C.R.S. I8-8-301 et seg. (Bribery and Corrupt Influences) and C.R.S. 18-8-401 et seg. (Abuse of
Public Office), as may be amended from time to time, and that no violation of such provisions is
present.
7. No Beneficial Interest. The signatories hereto aver that to their knowledge, no
State employee has any personal or beneficial interest in the property described herein.
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year
written above.
City of Fort Collins, Colo do,
A Municipal Corpo tion
By: Interim City Manager
APPROVED AS TO FORM:
By:
Assistant City Atto
STATE OF COLORADO ss
COUNTY OF LARIMER )
ATTEST:
The forFir
instrument was acknowledged�efore me this OTC day of 2004 by
b�and / 4 1 �t . �tI 1 as Interim City
Manager and Crk o the City of Fort Collins, Colorado.
My commission. expires—
'ocial seal.
W�paesamy l{ac►d and ffi
.. C• Cr,.•br�
SKLD LG SKL10231 LR 7910-2005.005
4-6a
Notary Public
� '.. ., r,,: r,.i^. r �?.4v.T'rma..RRRR ��".RRRRRFIY•Qi tG'IFv.R.iA rr, P.R'iCRRF�^S.Gv I{" �S?r4nrr � '� .,:, i r.. ...r'- �,..
W
The Board of Governors of the CSU System
for the use and benefit of Colorado State University
By; G�CszS
Keith Ickes
Interim Vice President for Administrative
Services
APPROVED:
onna Aurand
Interim General Counsel
STATE OF COLORADO )
) ss
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this day of
1 , 2004 by Keith Ickes, Interim Vice President for Administrative Services for the
Board of Governors of the Colorado State University System.
My commission expires (-Witnes my hand and official seal.
6E CORpO� Notary Public
Q0`'aTAq'1_e9
o
0
9TF OF CO�OQ,
SKT,D LG SKL10231 LR 7910-2005 - 006
EXHIBIT A
DESCRIPTION OF THE COLORADO STATE BOARD OF AGRICULTURE PERMANENT
EASEMENT FOR THE MASON TRANSPORTATION CORRIDOR TRAIL
Two Permanent Easements for the Mason Transportation Corridor Trail
located in the East half of Section 23, Township 7 North Range 69 West
of the Sixth Principal Meridian, City of Fort Collins, Larimer County,
Colorado, being more particularly described as follows;
Considering the south line of the southeast quarter of the said Section
23 as bearing North 89 degrees 26 minutes 43 seconds West between a 3"
Aluminum Cap Monument LS 17497 at the southeast corner and a 3.251,
corner of Section
Aluminum Cap Monument LS 20123 at the south quarter
23, based upon G . P . S . survey, and with all bearings contained herein
relative thereto;
Commencing at the southeast corner of the said Section 23; North
THENCE along the south line of the said southeast quarter,
89 degrees 26 minutes 43 seconds West for a distance of 883 .00 feet to
the west right of way of the Burlington Northern Santa Fe Railroad;
THENCE along the said west right of way, Forth O1 degrees 16
of 5o. 00 feet to the
ight
minutes West
nds East for a Drake Road and to the eTRUE POINT OF BEGINNINGtofr
of way off Westthis
description;
THENCE continuing along the said west right of way, North 0
degrees 16 minutes 04 seconds East for a dihtance way, 2193 a0cfeet;
THENCE continuing along t'he said west rig y, g
to the right having a radius of 4347.28 feet a central angle of 00
ength of 17. 66 feet,
degrees 13 yminutes cd of North 01 degrees 268 seconds and an arc lminut s 27 seconds Eastefor
subtended by a c
a distance of 17.66 feet; degrees 20
THENCE leaving the said west right of way, South 85 deg
minutes 47 seconds West for a distance of 10.85 feet;
THENCE South O1 degrees 14 minutes 08 seconds West for a distance
of 63.24 feet;
THENCE North 90 degrees 00 minutes 00 seconds West for a distance
of 38.50 feet;
inutes 35 seconds West for a distance
THENCE South 01 degrees 19 m
of 20.01 feet;
THENCE North 90 degrees 00 minutes 00 seconds East for a distance
of 38.53 feet;
inutes 08 seconds West for a distance
THENCE South 01 degrees 14 m
of 573.81 feet;
THENCE North 90 degrees 00 minutes 00 seconds West for a distance
of 40.94 feet;
THENCE South 01 degrees 20 minutes 42 seconds West for a distance
of 20.01 feet;
Page 1 of 3
,vTn Tr; SKLI0231 LR 7910-2005.007
EXHIBIT A
THENCE North 90 degrees 00 minutes 00 seconds East for a distance
of 40.98 feet;
THENCE South o1 degrees 14 minutes 08 seconds West for a distance
of 694.63 feet;
THENCE North 90 degrees oo minutes 00 seconds West for a distance
of 43.23 feet;
THENCE South 01 degrees 28 minutes 00 seconds West for a distance
of 20.01 feet;
THENCE South 90 degrees 00 minutes 00 seconds East for a distance
of 43.32 feet;
THENCE South 01 degrees 14 minutes 08 seconds West for a distance
of 10B.05 feet;
nutes 30 seconds West for a distance
THENCE South 00 degrees 50 mi
of 270.25 feet;
utes 00 seconds West for a distance
THENCE South 90 degrees 00 min
of 47.57 feet;
THENCE South 01 degrees 22 minutes 59 seconds West for a distance
of 20.01 feet;
THENCE North 90 degrees 00 minutes 00 seconds East for a distance
of 37.76 feet;
THENCE South 00 degrees 50 minutes 30 seconds West for a distance
of 43.42 feet;
THENCE North 90 degrees 00 minutes 00 seconds East for a distance
of 10.00 feet;
THENCE South 00 degrees 50 minutes 30 seconds West for a distance
of 86.13 feet;
THENCE along a curve to the right having a radius of 3010.00 feet
a central angle of 02 degrees 38 minutes 00 seconds and an arc length
of 138.34 feet, being subtended by a chord of South 02 degrees 09
minutes 30 seconds West for a distance of 138.33 feet;
THENCE South 03 degrees 28 minutes 30 seconds West for a distance
of 152.12 feet to the said north right of way of West Drake Road;
THENCE along the said north right of way, South 89 degrees 26
minutes 43 seconds East for a distance of 14.78 feet to the point of
beginning. Containing 25626 square feet more'less.
TOGETHER WITH:
With the above described basis of bearings:
Commencing at the southeast corner of the said Section 23;
THENCE along the south line of the said southeast quarter, North
89 degrees 26 minutes 43 seconds West for a distance of 883.00 feet to
the west right of way of the Burlington Northern Santa Fe Railroad;
THENCE along the said west right of way, North 01 degrees 16
minutes 04 seconds East for a distance of 50 .00 feet to the north right
Page 2 of 3
cctn ',C SKLI0231 LR 7910-2005.008
EXHIBIT A
of way of West Drake Road; of way, North 01
the said west right
THENCE continuing along
right of way, along a curve
degrees 16 minutes 04 seconds a saidor awest
distance of 2193 .10 f 051
9
THENCE continuing along t being
to the right having a radius of 434arc engthaof 388.26 feet, o
degrees 07 minutes ehord of seconds
and aorth 03 degreesc52 minutes 59 seconds East for
subtended by North 06
al
a distance of 388.13 fee; the said west right of way,
THENCE continuing g
29 minutes 53 seconds East D r a distance of 46.36 feet to the
degrees North 0
TRUE POINT OF BEGINNING OF THIS
said west right of way,
THENCE continuing along special
29 minutes 53 seconds East of landsasndescribed9in ae sp o the
degrees
north line of that certain tract
Warranty
Deed recorded July 2, 1998 at Reception No. 98055602 records
of the Clerk and Recorder of Larimer North 8'7 degrees 59 minutes 21
THENCE along the said north line,
seconds West for a
distance of 15.64 feet; degrees 32 minutes
THENCE leaving the said north line, South 07
01 seconds West for a distance he lefthavingaeradius of 1590C0leneet
th
THENCE along a curve t degrees 30 minutes
a central angle of 00 degrees 03 minutes 33 seconds and an ar
of 1.64 feet, being
subtended by a chord of South 07 deg
14 seconds West for a deinutes 17 seconds Eastance f 1.64 feet; st fora distance
THENCE South 83 dQ9 ees 31 minutes of beginning. Containing 8684 square
of 23 :59 feet to the p
more less.
The above described tracts contains a total of 34310 square feet more
less. me and is
state that the above description was prepared by
I hereby professional knowledge, belief and
on reviously recorded plats and
true and correct to the best of my p
opinion. The description
at actualfieldsurvey•
deeds and not up
SLACE C. MUSCOTT COLORADO P.L.S. 17497
W
AL BOX 0 FORT COLLINS, CO 80522
Page 3 of 3
SKLD LG
SKLI0231 LR 7910-2005.009
EXHIBIT B
NORTH UNE
RFCFPTION NO. 95055602
W. DRAKE RD.
SKLD LG SKL"-0231 LR 7910-2005.010
LOCATION SKETCH
ORADO STATE BOARD
OF AGRICULTURE
LINE AND CURVE TABLE FOR
PERMANENT EASEMENT ONLY
Course Hearing Distance
Ll N 01'16'04' E 5000'
L2 N 01'16'04' E 2193.10'
L3 S 95-20147' W l0.85'
L4 S 01'14'06' V 63.24'
LS N 90.00'00' V 38.5D'
L6 S 01'19'35' W 20.01,
L7 N 90'00'00' E 38.53'
L8 S 01114'08' V 573.81'
L9 N 90'00'00' V 40.94'
LID S 01120'42' V 20.01,
LSl N 90'00'00' E 40.98'
L12 S 01'14'08' W 694.63'
L13 N 9D'00'00' W 43.23'
L14 S 01'28'00' V 20.01'
L15 S 90'00'00' E 43.32'
L16 S 01'14'08' V 108.05'
L17 S 00150'3D' W 270.25'
U9 S 90'00'00' W 47.57'
L19 S 01'22'59' V 20.01,
LED N 90'00'00' E 37.76'
L21 S 00'50'30' V 43,42'
L22 N 90'00'00' E 10.00,
L23 S 00.50'30' V 86.13,
L24 S 03'28.30' W 152.12,
L25 S 89'26'43' E 14.79'
L26 N 06,29153' E 46.36'
L27 N 06'29'53' E 443.96'
L28 N 87'59'21' W 15,64'
L29 S 07*32'01' W 441.18'
L30 S 83.31'17' E 23.59'
Curve Radius Length Delta
Cl 4347.28' 17,66' 0'13158'
CE 1590.00' 1.64' 0.03'33'
C3 3010,00, 138,34, 2'38'00'
C4 4347.28' 370.60' 04.53104'
N
NTS
SEPT. 15, 2004
50'
THIS SKETCH AND THE AREAS
SHOWN DEPICT THE ATTACHED
PROPERTY DESCRIPTION ONLY.
•AND OO NOT REPRESENT A
MONUMENTED BOUNDARY SURVEY.
SE CORNER
23-7-69
v _ N:\CLP\MTC\MSCMASIER.DWD
amount charged by these subcontractors exceeds the rates listed in Exhibit "C" the excess amount
shall not be paid or owed by the City. The limitation on increases in prices set forth in section 4
herein shall apply to all rates listed in Exhibit "C" including subcontractor rates.
7. Final payment shall be made following acceptance of the work by the City. Upon
final payment, all designs, plans, reports, specifications, drawings, and other services rendered by
the Professional shall become the sole property of the City.
g, City Representative. The City will designate, prior to commencement of work, its
project representative who shall make, within the scope of his or her authority, all necessary and
proper decisions with reference to the project. All requests for contract interpretations, change
orders, and other clarification or instruction shall be directed to the City Representative.
g. Pro ect Drawin s. Upon conclusion of the project and before final payment, the
Professional shall provide the City with reproducible drawings of the project containing accurate
information on the project as constructed. Drawings shall be of archival, prepared on stable mylar
base material using a non -fading process to provide for long storage and high quality reproduction.
"CD" disc of the as -built drawings shall also be submitted to the owner in and AutoCAD version no
older then the established city standard.
10. Monthly Re o�rt. Commencing thirty (30) days after the date of execution of this
Agreement and every thirty (30) days thereafter, Professional is required to provide the City
Representative with a written report of the status of the work with respect to the Scope of Services,
Work Schedule, and other material information. Failure to provide any required monthly report may,
at the option of the City, suspend the processing of any partial payment request.
11. Independent Contractor. The services to be performed by Professional are those of
an independent contractor and not of an employee of the City of Fort Collins. The City shall not be
responsible for withholding any portion of Professional's compensation hereunder for the payment
of FICA, Workers' Compensation, other taxes or benefits or for any other purpose.
12. Personal Services. It is understood that the City enters into this Agreement based
Standard Professional Services Agreement- rev 09101/06
EXHIBIT C
DESCRIPTION OF THE COLORADO STATE BOARD OF AGRICULTURE TEMPORARY
CONSTRUCTION EASEMENT FOR THE MASON TRANSPORTATION CORRIDOR TRAIL
Two Temporary Construction Easements for the Mason Transportation
Corridor Trail located in the East half of Section 23, Township 7 North
Range 69 West of the Sixth Principal Meridian, City of Fort Collins,
Larimer County, Colorado, being more particularly described as follows;
Considering the south line of the southeast quarter of the said Section
23 as bearing North 89 degrees 26 minutes 43 seconds West between a 3"
Aluminum Cap Monument LS 17497 at the southeast corner and a 3.25"
Aluminum Cap Monument LS 20123 at the south quarter corner of Section
23, based upon G . P . S . survey, and with all bearings contained herein
relative thereto;
Commencing at the southeast corner of the said Section 23;
THENCE along the south line of the said southeast quarter, North
89 degrees 26 minutes 43 seconds West for a distance of 883. 00 feet to
the west right of way of the Burlington Northern Santa Fe Railroad;
THENCE along the said west right of way, North 01 degrees 16
minutes 04 seconds East for a distance of 50.00 feet to the north right
of way of West Drake Road;
THENCE along the said north right of way, North 89 degrees 26
minutes 43 seconds West for a distance of 14.78 feet to the westerly
line of the proposed Permanent Easement to be granted to the said City
and to the TRUE POINT OF BEGINNING of this description;
THENCE along the said proposed west line the following twenty two
(22) courses and distances, (1), North 03 degrees 28 minutes 30 seconds
East for a distance of 152.12 feet;
(2) along a curve to the left having a radius of 3010.00 feet a
central angle of 02 degrees 38 minutes 00 seconds and an arc length of
138.34 feet, being subtended by a chord of North 02 degrees 09 minutes
30 seconds East for a distance of 138.33 feet;
(3)North 00 degrees 50 minutes 30 seconds East for a distance of
86.13 feet;
(4)North 90 degrees 00 minutes 00 seconds West for a distance of
10.00 feet;
(5)North 00 degrees 50 minutes 30 seconds East for a distance of
43.42 feet;
(6) South 90 degrees 00 minutes 00 seconds West for a distance of
37.76 feet;
(7)North 01 degrees 22 minutes 59 seconds East for a distance of
20.01 feet;
(8) North 90 degrees 00 minutes 00 seconds East for a distance of
47.57 feet;
(9)North 00 degrees 50 minutes 30 seconds East for a distance of
Page 1 of 4
SKLD LG SKL10231 LR 7910-2005.011
1
EXHIBIT-C
270.25 feet;
(10)North 01 degrees 14 minutes 08
seconds East for
a distance
of 10B.05 feet;
(11)North 90 degrees 00 minutes 00 seconds West for
a distance of
43.32 feet;
(12) North 01 degrees 28 minutes 00 seconds East for
a distance of
20.01 feet;
(13) North 90 degrees 00 minutes 00 seconds East for
a distance of
43.23 feet;
(14) North 01 degrees 14 minutes 08
seconds East for
a distance of
694.63 feet;
(15)South 90 degrees 00 minutes 00
seconds West for
a distance of
40.98 feet;
(16) North 01 degrees 20 minutes 42
seconds East for
a distance of
20.01 feet;
(17)North 90 degrees 00 minutes 00
seconds East for
a distance of
40.94 feet;
(18) North 01 degrees 14 minutes 08
seconds East for
a distance of
573.81 feet;
(19) South 90 degrees 00 minutes 00
seconds West for
_
a distance of
38.53 feet;
(20) North 01 degrees 19 minutes 35
seconds East for
-
a distance of
20.01 feet;
(21) North 90 degrees 00 minutes 00
seconds East for
a distance of
38.50 feet;
(22) North 01 degrees 14 minutes 08
seconds East for
a distance of
63.24 feet;
THENCE leaving the said proposed line, South 85 degrees
20 minutes
47 seconds West for a distance of 20.11
feet;
THENCE South 01 degrees 14 minutes
08 seconds West for a distance
of 51.60 feet;
THENCE North 90 degrees 00 minutes
00 seconds West
for a distance
of 28.48 feet;
THENCE South 01 degrees 19 minutes
35 seconds West
for a distance
of 40.01 feet;
THENCE North 90 degrees 00 minutes
00 seconds East
for a distance
of 28.54 feet;
THENCE South 01 degrees 14 minutes
08 seconds West
for a distance
of 553.80 feet;
THENCE North 90 degrees 00 minutes
00 seconds West
for a distance
of 30.92 feet;
THENCE South 01 degrees 20 minutes
42 seconds West
for a distance
of 40.01 feet;
THENCE North 90 degrees 00 minutes
00 seconds East
for adistance -
of 31.00 feet;
THENCE South 01 degrees 14 minutes
08 seconds West
for a distance
Page 2 of 4
SKLD LG SKLI0231 LR 7910-2005.012
EXHIBIT C
of 674.62 feet;
THENCE North 90 degrees 00 minutes 00 seconds West for a distance
of 33.19 feet;
THENCE South 01 degrees 28 minutes 00 seconds West for a distance
of 40.01 feet;
THENCE South 90 degrees 00 minutes 00 seconds East for a distance
of 33.35 feet;
THENCE South 01 degrees 14 minutes 08 seconds West for a distance
of 97.6E feet;
THENCE south 00 degrees 50 minutes 30 seconds West for a distance
of 260.61 feet;
THENCE North 90 degrees 00 minutes 00 seconds West for a distance
of 37.48 feet;
THENCE South 01 degrees 22 minutes 59 seconds West for a distance
of 40.01 feet;
THENCE North 90 degrees 00 minutes 00 seconds East for a distance
of 37.86 feet;
THENCE South 00 degrees 50 minutes 30 seconds West for a distance
of 119.26 feet;
THENCE along a curve to the right having a radius of 2990.00 feet
a central angle of 02 degrees 38 minutes 00 seconds and an arc length
of 137.42 feet, being subtended by a chord of South 02 degrees 09
minutes 30 seconds West for a distance of 137.41 feet;
THENCE South 03 degrees 28 minutes 30 seconds West for a distance
of 153.14 feet to the said north right of way of West Drake Road;
THENCE along the said north right of way, South 89 degrees 26
minutes 43 seconds East for a distance of 20.03 feet to the point of
beginning. Containing 45555 square feet more less.
TOGETHER WITH:
With the above described basis of bearings:
Commencing at the southeast corner of the said Section 23;
THENCE along the south line of the said southeast quarter, North
89 degrees 26 minutes 43 seconds West for a distance of 883. 00 feet to
the west right of way of the Burlington Northern Santa Fe Railroad;
THENCE along the said west right of way, North 01 degrees 16
minutes 04 seconds East for a distance of 50. 00 feet to the north right
of way of West Drake Road;
THENCE continuing along the said west right of way, North 01
degrees 16 minutes 04 seconds East for a distance of 2193.10 feet;
THENCE continuing along the said west right of way, along a curve
to the right having a radius of 4347.28 feet a central angle of 05
degrees 07 minutes 02 seconds and an arc length of 388.26 feet, being
subtended by a chord of North 03 degrees 52 minutes 59 seconds East for
Page 3 of 4
SKLD LG SKLI0231 LR 7910-2005.013
EXHIBIT C
a distance of 388.13 feet;
THENCE continuing along the said west right of way, North 06
degrees 29 minutes 53 seconds East for a distance of 46.36 feet to the
southerly line of the said proposed Permanent Easement to be granted to
the City;
THENCE leaving the said right of way and along the said proposed
southerly line, North 83 degrees.31 minutes 17 seconds West for a
distance of 23.59 feet to the westerly line of the said proposed
Permanent Easement to be granted to the said City and to the TRUE POINT
OF BEGINNING OF THIS DESCRIPTION;
THENCE along the said proposed westerly line, along a non -tangent
curve to the right having a radius of 1590.00 feet a central angle of
00 degrees 03 minutes 33 seconds and an arc length of 1.64 feet, being
subtended by a chord of North 07 degrees 30 minutes 14 seconds East for
a distance of 1.64 feet;
THENCE continuing along the said proposed line, North 07 degrees
32 minutes 01 seconds East for a distance of 441.18 feet to the north
line of that certain tract of land as described in a Warranty Deed
recorded July 2, 1998 at Reception'No. 98055602 records of the Clerk
and Recorder of Larimer County;
THENCE along the said north line, North 87 degrees 59 minutes 21
seconds West for a distance of 20.09 feet;
THENCE leaving the said north line, South 07 degrees 32 minutes
01 seconds West for a distance of 439.24 feet;
THENCE along a curve to the left having a radius of 1610. 00 feet
a central angle of 00 degrees 04 minutes 18 seconds and an arc length
of 2 .01 feet, being subtended by a chord of South 07 degrees 29 minutes
52 seconds West for a distance of 2.01 feet;
THENCE South 83 degrees 31 minutes 17 seconds East for a distance
of 20.00 feet to the point of beginning. Containing 8841 square feet
more less.
The above described tracts contains a total of 54396 square feet more
less.
I hereby state that the above description was prepared by me and is
true and correct to the best of my professional knowledge, belief and
opinion. The description is based upon previously recorded plats and
deeds and not upon a actual field survey.
WALLACE C. MUSCOTT COLORADO P.L.S. 17497
P.O. BOX 580 FORT COLLINS, CO 80522
Page 4 of 4
SKLD LG SKL10231 LR 7910-2005.014
I 11 IIIIIII�'I�I1"f�ll OOYLE, CLERK
LARI
IIIIIIIII�'lI 111I' �I I LARIMER COUNTY CO
RCPTN4#200 `5_0089229 12 59:3405
PAGES FEE $61.00 DOC E0.00 #527488
Non -Exclusive Easement Agreement
Trail Easement
I " Fmsement Agreement (Agreement) is entered into this � day
This , ..`state universky
of , 2005, by and between the Board of Whose add ess is 309 Administration
System, by and through Colorado State University,
Building, Colorado State University, Fort Collins, hoseColoradd esado 80523 (the '
s is 300 LaPorte Fort
Fort Collins, a�Cotorado Municipal Corporation, w
Collins, Colorado 80521 ("Grantee"). _ - ^ 4
6 iV b SemGu u
set forth in oard and the Grantee as
pur ose. In exchange for the promises o f consideration on, the eceipt and sufficiency tof which are
Agreement, and other good and valuable andconveyll the
hereby acknowledged, the parties agree to the terms herein. The
e penanent non-exclusive easemen .parer the land of the Board more
generally shown in Exhibit a (permanent Easement).
1, d�ribed in Exhibit A nd B �'
Exhibits A and B are attached hereto and are incorporated herein by this refmamtenanlce of a
Permanent Easement is granted for the purpose of t' s �M0 �tlitiCS along the rail road
ref wav on Mason Street
1.1. Access. During the term of Ihime Agreement
the Permanent Easemenpforisions in
paragraph 2 herein, Grantee shall have access at al
construction, repair, and maintenance of the storm drainage facilities, and Trail constructed or
installed under this Agreement.
1.2. Construction Easema; installaTheBonroiae storm drainage facil� s and the
nts to the Grantee a
easement for purposes of initialon
Trail, and Grantee's access and constructionshall be corie a part hereof (Constr lctaAMU
tried to the property described on Easement) and
Exhibit C attached hereto and by this reference
the Permanent Easement. The Grantee will assure
s rethat
all
gates c accor essed
areclosed
o ed and secured,
and any fencing disturbed during access or construction
Construction Easement shall ' . *pon completion of installation of the Trail and the storm
event �tert%ittn July 31' 2 06°°
drainage facilities, but in any ,.
1.3. Other s. Grantee acknowledges that the N <
described in Exhibits A and B is intended to accommodate
cooperate and i l beh the Board and the woo
if
b
ts4in gross to other grantees. Grantee agrees
recipients of other easements in the construction, installation, and maintenance of the Permanent
Easement. f the
2. A reement of Grantee. In exchange for theBoard's
rr>d's grag terms Construction
Easement and the Permanent Easement, ,
2.1. Surve . The Grantee agrees that all documents, plats and descriptions as
are attached hereto as exhibits are the result boundaries for the Permanent Easeof surveys engaged by the tment,its
and the Board
expense for the purpose of surveying the
01T(OF FORT G0 page 1 of 6
)I Z `1,f "R.ZX«S Co WC21
SK:_D LG SKLI0231 LR 89229-2005.001
assumes no responsibility for the accuracy of such survey obtained by the Grantee nor for
damages resulting from inaccuracies.
2.2. Environment and Character of Land. Any work or activity undertaken by
Grantee in connection with this Agreement shall be so planned, designed and carried out as to
interfere as little as reasonably possible with the character and appearance of the nearby land and
the surrounding environment, including its aesthetic character.
2.3. Drawings and Syecifications. Drawings and specifications for any work or
construction contemplated in this Agreement shall be submitted to the Board or its representative
for approval prior to commencement of any work. Such review and approval shall be solely for
the purpose of determining whether or not the proposed improvements are consistent with the
rights granted in this Agreement, and any approval by the Board shall not be construed as
expanding such rights, or as an approval of the technical merits or adequacy of the
improvements. The Grantee shall be solely responsible for performing the work or construction
in accordance with the rights granted herein and for any liability arising from the performance of
such work.
2.4. Consent for Work. Except in cases of emergency,
t#,obtain;the
OI(W consent of the Board or its representative before undertaking any work or activity within
tl -Permanent Easement or the Construction Easement. Such consent shall not be unreasonably
withheld. pdkyIW°t'the Permanent Easement or the Construction Easement. ., ftfite"s construction, repair, or maintenance of the facilities constructed or erected in
rdance with this Agreement shall be by route or routes reasonably designated by the Board.
2.5. Costs to be Borne by Grantee. All costs incurred in connection with any
work, construction, restoration, maintenance, and facilities contemplated in this' Agreement shall
be borne entirely by the Grantee.
2.6. Restoration_. After completion of any work undertaken in connection with
this Agreement (whether the work involves original construction or later repair, maintenance or
demolition), Grantee shall, with the exception of the Trail and storm drainage improvements,
restore the land and any improvements thereon to the condition immediately prior to such work.
2.7. Other Uses. The Board shall prohibit all other uses of the Permanent
Easement unless the University determines that it is incidental, necessary to the intended purpose
of the easement, and not inconsistent with the Grantee's rights to use the easement granted.
2.8. Maintenance. As a condition of continued use of this Permanent
Easement, Grantee shall properly maintain all storwater facilities and the Trail erected or
installed by Grantee in connectistorm water
with this Agreement. The Board may, after written notice to
Grantee, so maintain such storm water facilities and Trail at Grantee's cost upon any failure by
Grantee to properly maintain as required hereunder.
2.9. Indemnification. Not applicable.
Page 2 of 6
SKLD LG SKL10231 LR 89229-2005.002
2.10. Com Hance with Rules and Re ulations. Grantee will comply with all
reasonable rules and regulations regarding the use of the land which have been or may be
adopted by the Board, to the extent such compliance does not unreasonably interfere with
Grantee's use of the land as contemplated in this Agreement.
2.11. Removal of Access Routes and Work Areas. u tp the
Construction Easement and the Permanent Easement and work areas used for construction,
repair, maintenance or removal shall bevotowas necessary, end, after completion of any work,
Grantee shall destroy and remove them, restoring the land in the manner provided in paragraph
J�,l. herein.
3. Rights Reserved by the Board. The Board reserves all rights (including mineral
rights) in the Permanent Easement,.and the right to occupy and use it for all purposes not
inconsistent with the rights granted herein to the Grantee.
3.1. Continuous Use Ri ht of En for Condition Broken. This Agreement is
conditional on Grantee's continuous use of the Permanent Easement for the purposes described
herein, and if the Grantee shall cease to use the Permanent Easement for the described purposes,
the Board shall have the right to re-enter the said unused premises and terminate this Agreement
after having given notice of the Board's election to so terminate in the manner specified in this
Agreement. To enforce this provision, the Board may, but is not required to bring an action for
ejectment or an equivalent action.
3.2. Sale Lease or Other Easement. The Board may grant other easements
within the Permanent Easement, so long as Grantee's use of the Permanent .Easement is not
unreasonably impaired. The Grantee shall not grant any easements within or other rights to use
the Permanent Easement.
3.3. Right to Relocate. The Board reserves the right, at the Board's cost, to
relocate this Permanent Easement and any improvements constructed by Grantee hereunder so
long as such relocation does not adversely impact the purpose of the Permanent Easement and
the performance of said improvements.
4. Other Terms and Conditions. The parties agree to the following additional terms
and conditions:
4.1. Prior Easements. This Permanent Easement is granted subject to all
easements, rights -of -way, and other matters of record, and those previously granted and now in
force and effect. The Board makes no warranties or representations as to matters of title.
4.2. Additional Use. Use of the Permanent Easement for any purpose or
facilities not specified herein shall require written consent of the Board, or its designee, and prior
amendment of this Agreement, executed in the same manner as this Agreement.
4.3. Non -Assignability. This Agreement is not assignable by the Grantee.
Page 3 of 6
SKLD LG SKL10231 LR 89229-2005.003
4.4. Successors. Subject to the limitations on assignment set forth in paragraph
4.3 herein, this Agreement llhas be binding on the parties' legal successors.
4.5 Third Party Beneficiary: it is elcpressly understood and agreed that the
enforcement and conditions of this Agreement and all rights contained herein relating to
enforcement, shall be strictly reserved to the Board and the
e Grantee.
of any third person thin is
Agreement shall give or allow any claim or rig third
entity. It is the express intention of the Board and the Grantee that any such person or entity,
Agreement shall be
other than the Board or the Grantee, receiving services or benefits under this
deemed an incidental beneficiary only.
his
4.6 Sovereign Irim unii Notwithstanding
shal lbe construed or interpretedy other provision of asa waiver,
Agreement, no term or condition of thisgT protection, or other provisions of
express or implied, of any of the immunities, rights, benefits, p C.R.S. as now or
the Colorado Governmental Immunity Act, Section 24-10-101, et se .,
hereafter amended. The parties understand and agree tha�s departments,iliforclaims
rofficials injuries and
persons or property arising out of negligence of a f Section agent
et se C.R.S. as
employees is controlled and limited by provisions
now or hereafter amended and the risk management statutes, Section 24-30-1501, et se ., C.R.S.
as now or here after amended.
Re resentatives and Notice. For the purposes of this Agreement, the
4,'7,
parties designate the following persons as their representatives and list the following addresses
for the delivery or mailing of notices and other communications:
Representative for the Grantee:
City Manager
City of Fort Collins
P. 0. Box 580
Fort Collins, CO 80522
Representative for the Board:
CSU Real Estate Office
1421 South College Ave
Colorado State University
Fort Collins, CO 80524
with copy to:
Real Estate Services Manager
City of Fort Collins
P. 0. Box 580
Fort Collins, CO 80522
with copy to:
General Counsel
202 Administration Building
Colorado State University
Fort Collins, CO 80523
Any notice required or desired to be given under this Agreement shall be delivered or mailed by
certified mail to the addresses listed above.
d the rules and
ations
5 Jurisdiction. The laws of ththe interpretation,e State o mexecut on, and enforcement of this
issued pursuant thereto shall be applied inet
Agreement. Any provision of this Agreement, whether or not incorporated herein by reference,
that provides for arbitration by any extra judicial body or person or which is otherwise in conflict
Page 4 of 6
SKLD LG SKL10231 LR 89229-2005.004 --
with said laws, rules and regulations shall be considered null and void. Nothing contained in any
provision incorporated herein by reference which purports to negate this or any other special
provision in whole or in part shall be valid or enforceable or available in any action at law
whether by way of complaint, defense, or otherwise. Any provision rendered null and void by
the operation of this provision will not invalidate the remainder of this Agreement to the extent
that the agreement of the parties is capable of execution.
6. No Corrupt Influences. The signatories hereto aver that they are familiar with
C.R.S. 18-8-301 et seq. (Bribery and Corrupt Influences) and C.R.S. 18-8-401 et seg. (Abuse of
Public Office), as may be amended from time to time, and that no violation of such provisions is
present.
7. No Beneficial Interest. The signatories hereto aver that to their knowledge, no
State employee has any personal or beneficial interest in the property described herein.
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year
written above.
.� � �� • • 1�' • y� `IDS,: �'. � Y , - :�`i Yr•1•
'�'�`' •''`yCit`v"Clerk ,
STATE OF COLORADO
GRANTEE:
City of Fort Collins,
a Colorado municipal c oration
By. �—
City anager
) ss \__ -
COUNTY OF LARIMER ) S
The fore oing instrument was acknowledged` before me thiscC� day of 2005 bye
`c and as City Manager
and City Clerk of the Ci of Fort Collins, Colorado, Grantee.
My commission expires �a\a� ss In hid ari q�f cial seal.
v LEMAN
4
• .o
sjq ��U Q0
UoBco�p
Page 5 of 6
Notary Public
SKLD LG SKL10231 LR 89229-2005.005
The Board of Governors of the CSU System
for the use and benefit of Colorado State University
By. G
Keith Ickes, Vice President for
Administrative Services
APPROVED:
By:i
Donna W. Aurand
Interim General Counsel
STATE OF COLORADO )
) ss
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this � day of
Oj n ., 2005 by Keith Ickes, Vice President for Administrative Services for the Board of
Governors of the Colorado State University System.
My commission expires O —0 r Witness my hand and official seal.
OOF
Notary Public
Page 6 of 6
SKLD LG SKL10231 LR 89229-2005.006
on the special abilities of the Professional and that this Agreement shall be considered as an
agreement for personal services. Accordingly, the Professional shall neither assign any
responsibilities nor delegate any duties arising under this Agreement without the prior written
consent of the City.
13. Acceptance Not Waiver. The City's approval of drawings, designs, plans,
specifications, reports, and incidental work or materials furnished hereunder shall not in any way
relieve the Professional of responsibility for the quality or technical accuracy of the work. The City's
approval or acceptance of, or payment for, any of the services shall not be construed to operate as
a waiver of any rights or benefits provided to the City under this Agreement.
14. Default. Each and every term and condition hereof shall be deemed to be a material
element of this Agreement. In the event either party should fail or refuse to perform according to
the terms of this agreement, such party may be declared in default.
15. Remedies. In the event a party has been declared in default, such defaulting party
shall be allowed a period often (10) days within which to cure said default. In the event the default
remains uncorrected, the parry declaring default may elect to (a) terminate the Agreement and seek
damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail
himself of any other remedy at law or equity. If the non -defaulting party commences legal or
equitable actions against the defaulting party, the defaulting party shall be liable to the
non -defaulting party for the non -defaulting parry's reasonable attorney fees and costs incurred
because of the default.
16. Bindino Effect. This writing, together with the exhibits hereto, constitutes the entire
agreement between the parties and shall be binding upon said parties, their officers, employees,
agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal
representatives, successors and assigns of said parties.
17. Law/Severability. The laws of the State of Colorado shall govern the construction,
interpretation, execution and enforcement of this Agreement. In the event any provision of this
Standard Professional Services Agreement- rev 09/01/06 4
PAGE I OF 1
EXHIBIT A
DESCRIPTION OF THE COLORADOSPORTAT OON� CORRIDOR RD OF R PERMANENT
STATE TRAIL
EASEMENT FOR THE MASON TRAM
ship
A Permanent Easement located in the East half of Section City of Fort
7 North Range 69 West o Coloradothe , mope partical ularly described as
Collins, Larimer county,
follows;
Considering the south line e s 26 minutes 4southeast 3 sarter of the econds West between ai3n
23 as bearing North 89 degree
the corner and a 3.2511
Aluminum Cap Monument LS 17497 atar�er corner of Section -
Aluminum Cap Monument LS 20123a d southeasthe south with all bearings contained herein
23, based upon G.P.S. survey,
relative thereto;
Commencing at .the southeast corner of the said Section 23; North
THENCE along the south line of the said southeast quarter,
89 degrees 26 minutes 43 seconds
est for adistance of Northern Santa FeOfeet to
Ra Railroad;
the west right of way oNorth O1 degrees 16
THENCE along the said west right of way, minutes 04 seconds East for a distance of 2243.11 feet;
a curve
THENCE continuing radiugsthe
of 4347 .26 feet oalongf way, a central angle of 00
to the right havingth
degrees 13 minutes 58 r261minutesf27 seconds Ea to for
subtended by a chord of North 01 degree
a distance of 17.66 feet to the TRUE POINT OF BEGINNING OF THIS
DESCRIPTION; along a curve
g
THENCE continuing along the said west right of way, of 04
to the right having a radius of 4347.28 feet a central angle
degrees 53 minutes 04 second an arc gth of utes 58 O seconds East.60 feet,
for
subtended by a chord of North 03 degrees 59 m
a distance of 370.49 feet; right of way, North 06
THENCE continuing along the said west rig
degrees 29 miNorth 83cdegrees 3 l
nutes 53 seconds East for minutes
THENCE leaving the said right of way, -
17 seconds West for a distance of •23.59 feet;
ius of
curve to the left having a rad
THENCE along a non -tangent 06 degrees 14 minutes 20 seconds and an
1590.0o feet a central angle a chord of South 04
arc length of 173.14 feet, being subtended by
of 173.05 feet;
degrees 21 minutes 18 r es seconds4 minutes 08st for adistance seconds We t for a distance
THENCE South O1 deg
of 246.69 feet;
grees 20 minutes 47Co
econds East for a distance
THENCE North 85 dentaining 255 square feet
of 10.85 feet to the point of beginning.
more less.
that the above description was prepared by me and is
state
I hereby rofessional knowledge, belief and
true and correct to the best of my P previously recorded plats and
opinion. The description is based upon
deeds and not upon a actual field survey.
WALLACE C. MUSBOX 580 FORT COLLINS,COTT DCOP 8052217497
p.0.
SKL,L) LG SKL10231 LR 89229-2005.007 -- — — —
PAGE I OF I
EXHIBIT B
CONST. ESM'T
Course
BeurIng
DIstonce
Ll
N 06,29153' E
46.36'
L2
11 'q
2359'
L3
N 83 3117: ,j
20.00,
L4
S 111:14""" 'd
'
246 9,
L5
S 01 4'08' V
1
24 '31676
L6
N 85120'47, E
2041,
L7
N 85.20'47, E
10.85,
Curve
Radius Length
ligitQ
Cl
4347.28' 17.66'
00*13'58'
C2
4347.28' 370.60'
04-53104-
C3
1590.00' 173,14'
06'14'20'
r4
1610.00r 174.97'
a6,13'36'
L3 L2! ILL
(n
z
co
ej
U
LOCATION SKETCH .
COLORADO STATE BOARD
OF AGRICULTURE
AQUEST LEASE AREA
FT.
BNSF ROW = 50'
N
NTS
SEPT. 10, 2004
TEMp, CoNST. ESM'T.-
PERM. ESWT--
SE CORNER
23-7-69
DEAKE ROAD
50.00' R
W. DRAKE RD.
THIS SKETCH AND THE AREAS
SHOWN DEPICT THE ATTACHED
PROPERTY DESCRIPTION ONLY.
XMO DO NOT REPRESENT A
moNUMENTED BOUNDARY SURVEY.
SKLD LG SKL10231 LR 89229-2005-008
.................. a"Jo rlm7pQwm�,r,&w, MM—�
H:\CLp\WrC\MSCWSMR2-DWG
PAGE 1 OF 2
EXHIBIT C
DESCRIPTION OF THE COLORADO STATE BOARD OF A RICULTION UR RE TEMPOODORRARY
CONSTRUCTION EASEMENT FOR THE MASON
IL
truction Easement located in the East half of Section
A Temporary Cons
o the sixth
23, Township 7 North Range 69 West Colorado, being more parti c early
City of Fort Collins, Larimer County, C
described as follows,;
Considering the south line of the southeast quarter of the said Section
23 as bearing North 89 degrees 26 minutes 43 seconds West between a 3"
Aluminum Cap Monument LS 17497 at the southeast corner and a 3.25"
Aluminum Cap Monument LS 20123 at the south quarter corner of Section
23, based upon G.P.S. survey, and with all bearings contained herein
relative thereto;
Commencing at the southeast corner of the said Section 23; North
THENCE along the south line of the said southeast quarter,
89 degrees 26 minutes 43 seconds West for a distance of 883 .00 feet to
the west right of way of the Burlington Northern Santa Fe Railroad;
THENCE along the said west right of way, North O1 degrees 16
minutes 04 seconds East for a distance of 2243.11 feet;
THENCE continuing along the said west right of way, along cur0e
to the right having a radius of 4347.28 feet a central angle
degrees 13 minutes 58seconds
1minutesth f 27 seconds ds Eastefor
subtended by a chord ofNorth 01 degrees 26
a distance of 17.66 ed Permanent
son Transportation Corridor Trail ts to be granted to
Easement For The Ma
the said City; 20
THENCE along the said proposed south line, South 85 degrees
5 the west
ne
minutes 47 seconds West for a dis Easementce.1andt e o1
the TRUE POINT
of the said proposed Permanen
BEGINNING OF THIS DESCRIPTION;
sed west line, North 01 degrees 14
THENCE along the said propo
minutes 08 seconds East for a distance o246.69
.69lin e feet; along a curve
THENCE continuing along the said proposed of 06
westto the right having a radius of conds and an ar00feet a central 1ength of 173 14 feet, being
degrees 14 minutes 20 se being
subtended by
a chord of North 04 degrees 21 minutes 18 seconds East for
a distance of 173.05 feet;
posed west line, non -tangent from the
THENCE leaving the said pro
s 31 minutes 17 seconds West for a
previous curve, North 83 degree
distance of 20.00 feet;
THENCE along anon -tangent curve to the left having a radius o
1610.00 feet a central angle of 06 degrees 13 minutes 36 seconds and an
arc length of 174.97 feet, being subtended by a chord of South 04
degrees 20 minutes 55 seconds West for a distance of 174.88 feet;
Page 1 of 2
SKLD LG SKLI0231 LR 89229-2005.009
EXHIBIT C PAGE 2 OF 2
THENCE South 01 degrees 14 minutes 08 seconds West for a distance
of 248.76 feet;
THENCE North 85 degrees 20 minutes 47 seconds East for a distance
of 20.11 feet to the point of beginning. Containing 8436 square feet
more less.
I hereby state that the above description was prepared by me and is
true and correct to the best of my professional knowledge, belief and
opinion. The description is based upon previously recorded plats and
deeds and not upon a actual field survey.
WALLACE C. MUSCOTT COLORADO P.L.S. 1749-7
P.O. BOX 580 FORT COLLINS, CO 80522
Page 2 of 2
SKLD LG SKL10231 LR 89229-2005.010
�_.____�-.-...'_..__-..,:._�. --. _-.-'-y.��..: _^^'.a-...^'vft �^•• --�: ;� ..:.�: .�.4.•v. n. ,•..- ..• '� •.. -'.. ���.: •. ., .o.1 -i i i. J�61.i,�d.:l:.i'i.�..r\:. �'RQtleTRIAPJJliiGYAFVi2RfM'if!\.\I �.�RR�N'vlM.�\•l �.... -�^.e �-—I�PG.T �:T.�-
CONSENT OF GROUND LESSEE
(NRRC-C)
. Acquest Government Holdings U.S. Geological, LLC, a New York limited liability
company, as tenant under that certain Ground Lease .Agreement dated as of May 1, 2001 and
concerning which a Memorandum of Lease dated as of May 1, 2001 was recorded on August 20,
2001 at Reception No. 2001072503 of the real property records of Larimer County, Colorado
(the "Records"), as amended by a First Amendment to Ground Lease and Memorandum of Lease
dated as of August 8, 2002 and recorded November 26, 2002 at Reception. No. 2002127548 of
the Records, as further amended by a Second Amendment to Ground Lease and Memorandum of
Lease dated as of November 14, 2003 and recorded November 25, 2003 at Reception No. 2003-
0148186 of the Records (collectively, the "Ground Lease"), hereby consents to the foregoing
Non -Exclusive Easement Agreement and subordinates all of its right, title and interest as tenant
under the Ground Lease in and to the land demised under the Ground Lease to the right, title and
interest of the above -described Grantee in and to the above -described Permanent Easement
pursuant to the foregoing Non -Exclusive Easement Agreement.
ACQUEST GOVERNMENT HOLDINGS U.S.
GEOLOGICAL, LLC, a New York limited liability
company
By:
Manager.
STATE OF
COUNTY OF )
��The oregoing instrument was subscribed and sworn to before me this day of
of
200f, by _(b�j !�> � k- as
Acquest overnment Holdings U.S. Geological' LLC, a New York limited liability company.
Witness my hand and official seal.
My commission expires:
Notary
Page 7 of 8
LOUIS 0. FESSARD
Notary Public Stft of New York
Qualified In Elie S
My Commission expires Aug 3 ,..
SKLD LG SKL10231 LR 89229-2005.011
RClA4`�awtTGa�� .t.rsT
RECEPTION#: 20110025563, 04/29/2011 at 11:23:37 AM, 1 OF 16, R $86.00 TD Pgs: 0
Scott Doyle, Larimer County, CO
Non -Exclusive Easement Deed and Agreement
Pedestrian Bridge Easement
/ IThis Non -Exclusive Easement Deed and Agreement (Agreement) is entered into this
(� _Ib day of IIaI , 2011, by and between the Board of Governors
of Colorado State University System, by and through Colorado State University, whose
address is 01 Administration Building, Colorado State University, Fort Collins, Colorado 80523
("Grantor") and the City of Fort Collins, a Colorado Municipal Corporation, whose address
is 300 LaPorte Avenue, Fort Collins, Colorado 80521 (Grantee).
1 Consideration Description and Purpose. In
exchange for the promises of the Grantor and the Grantee as set forth in this Agreement, and
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties agree to the terms herein.
1,1 Grantor's Property. Grantor is the owner of that certain parcel of real
property located in Larimer County, Colorado, which is legally described on Exhibit A, attached
to and made a part of this Agreement (the "Property").
L2 Grant of Non -Exclusive Easement,• Consideration. In exchange for
consideration in the amount of TEN Dollars ($10.00), the promises of the Grantor and Grantee as
set forth in this Deed, and other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the ent
gross on, wand across 10now, as
attached to and made a part of this Agreement (the "Permanent Easement"). This
Permanent Easement is granted '
and other
related and incidental improvements, including storm drainage facilities (the "Improvements"),
and for public access to the Improvements.
1.4. Construction Easement,
as more
wiw�
particularly described on Exhibit C, attached to and made a part of this Agreement (the "TCE").
The Permanent Easement area and TCE area are collectively referred to herein as the "Easement
Areas." Grantee's access and construction activities on the Property shall be confined to the
Easement Areas. The Grantee will assure that all gates accessed are closed and secured, and any
fencing disturbed during access or construction is repaired or replaced. The TCE shall expire
upon completion of installation of the Improvements, but in any eve
omm-
J G9TY OF FORT G01_LIN.
RES
Page 1 of 7
SKLD LG SKL10231 LR 25563-2011.001
.ers,,,u,,,, ,w. >, .v�,wm�soa..w,�aam� .:r . r•..„..venw.csmv.� axe , vatrm nr.. ,a.:. s ,r.�„w: .«r �. ,,. re " , r, ,:oar„ c u.: re ,.^crane„
RECEPTION#: 20110025563, 04/29/2011 at 11:23:37 AM, 2 OF 16, Scott Doyle,
Larimer County, CO
1.5. Other Uses. Grantee acknowledges that the Permanent Easement
described in Exhibit B will be subject to other specific easements in gross to other grantees.
(a) NOW
within the Permanent Easement area prior to their conveyance;
(b) Grantee agrees to cooperate with the Grantor and the recipients of other
easements in the construction, installation, and maintenance of the
Improvements.
1.6 Additional Rights of Grantee.
(a)
(b) the right to mark the location of the Easement Areas by suitable markers
set in the ground.
2. Agreement of Grantee. In exchange for the Grantor's grant of the Permanent
Easement and the TCE, Grantee agrees to the following terms:
2.1. Surve . The Grantee agrees that all documents, plats and descriptions as
are attached hereto as exhibits are the result of surveys engaged by the Grantee at its sole
expense for the purpose of surveying the boundaries of the Easement Areas, and the Grantor
assumes no responsibility for the accuracy of such survey obtained by the Grantee nor for
damages resulting from inaccuracies.
2.2. Environment and Character of Land. Any work or activity undertaken by
Grantee in connection with this Agreement shall be so planned, designed and carried out as to
interfere as little as reasonably possible with the character and appearance of the nearby land and
the surrounding environment, including its aesthetic character.
2.3. Drawinas and Specifications. Drawings and specifications for any work
or construction contemplated in this Agreement shall be submitted to the Grantor or its
representative for approval prior to commencement of any work. Such review and approval shall
be solely for the purpose of determining whether or not the proposed improvements are
consistent with the rights granted in this Agreement, and any approval by the Grantor shall not
be construed as expanding such rights. Grantor's approval shall not be unreasonably delayed or
withheld. The Grantee shall be solely responsible for performing the work or construction in
accordance with the rights granted herein and for any liability arising from the performance of
such work.
2.4. Consent for Work. Except in cases of emergency, Grantee shall obtain the
prior consent of the Grantor or its representative before undertaking any work or activity within
the Easement Areas. Such consent shall not be unreasonably delayed or withheld. Drawings and
Page 2 of 7
SKLD LG SKL10231 LR 25563-2011.002
.,64 mM L,:;cu�rWJ.iu�,%p:" .1m,Rq•ranr,o. K7,1,n . V.%, ; _ - _ _ ,..:,c,:'��, .�'ti�,,�,.. � o�,...,,r,� .Q ,.o ,;u;� w,.. ",nl,..a.,�.
�., u, «,a,,,,
RECEPTION#: 20110025563, 04/29/2011 at 11:23:37 AM, 3 OF 16, Scott Doyle,
Larimer County, CO
specifications for major repair work contemplated in this Agreement shall be submitted to the
Grantor or its representative for approval prior to commencement of any work. Such review and
approval shall be for the purpose of determining whether or not the proposed improvements are
consistent with the rights granted in this Agreement, and any approval by the Grantor shall not
be construed as expanding such rights, or as an approval of the technical merits or adequacy of
the improvements. The Grantee shall be solely responsible for performing the work or
construction in accordance with the rights granted herein and for any liability arising from the
perfonnance of such work. All access routes to the Easement Areas for Grantee's construction,
repair, or maintenance of the Improvements shall be by route or routes reasonably designated by
the Grantor.
2.5. Costs to be Borne by Grantee. All costs incurred in connection with any
work, construction, restoration, maintenance, and facilities contemplated in this Agreement shall
be borne entirely by the Grantee.
2.6. Restoration. After completion of any work undertaken in connection with
this Agreement (whether the work involves original construction or later repair, maintenance or
demolition), Grantee shall restore the land and any improvements thereon to a condition
comparable to the condition immediately prior to such work, unless Grantor requests that the
Grantee leave the Improvements in their existing condition.
2.7. Other Uses. Grantor reserves the right to use the Permanent Easement for
purposes which will not interfere with Grantee's full enjoyment of the rights hereby granted.
Grantor will not:
(a) erect or construct any structure or improvement;
(b) drill or operate any well;
(c) construct any reservoir or impoundment or other obstruction;
(d) install or plant any trees or woody shrubs;
(e) change the ground level in the Permanent Easement;
or otherwise improve the Permanent Easement.
2.8. Maintenance. As a condition of continued use of the Permanent
Easement, Grantee shall maintain the Improvements in a condition consistent with other
structures owned by the Grantee located on the property of the Grantor and with similar
pedestrian overpass improvements owned, operated and maintained by Grantee elsewhere in Fort
Collins,
2.9. Liabilit . Grantee shall be solely responsible, to the extent authorized by
law, for its actions related to its use of the Easement Areas, including construction in the
Easement Areas and the public's use of the Easement Area and any such improvements therein.
Page 3 of 7
SKLD LG SKL10231 LR 25563-2011.003
RECEPTION#: 20110025563, 04/29/2011 at 11:23:37 AM, 4 OF 16, Scott Doyle,
Larimer County, CO
2.10. Compliance with Rules and Regulations. Grantee will comply with all
reasonable riles and regulations regarding the use of the land which have been or may be
adopted by the Grantor and provided to Grantee, to the extent such compliance does not
unreasonably interfere with Grantee's use of the land as contemplated in this Agreement.
2.11. Removal of Access Routes and Work Areas. Routes of access to the
Easement Areas shall be as few as necessary, and, after completion of any work, Grantee shall
destroy and remove them, restoring the land in the manner provided in paragraph 2.6. herein.
3. Rights Reserved by the Grantor. The Grantor reserves all rights (including
mineral rights) in the Permanent Easement, and the right to occupy and use it for all purposes not
inconsistent with the rights granted herein to the Grantee.
3.1. Continuous Use Right of Entry For Conditions Broken_. This Agreement
is conditional on Grantee's continuous use of the Permanent Easement for the purposes described
herein, and if the Grantee shall cease to use the Permanent Easement for the described purposes,
Grantor shall have the right to re-enter the said premises and terminate this Agreement by
bringing an action of ejectment or an equivalent action after having given notice of Grantor's
election to so terminate in the manner specified in this Agreement.
3.2. Sale Lease or Other Easement, The Grantor may grant other easements
within the Permanent Easement, consistent with the terms of this Agreement, so long as
Grantee's use of the Permanent Easement is not unreasonably impaired. The Grantee shall not
grant any easements within or other rights to use the Permanent Easement.
3.3. Right to Relocate. The Grantor reserves the right, at the Grantor's cost, to
relocate this Permanent Easement and any of the Improvements so long as such relocation does
not adversely impact the purpose of the Permanent Easement and the performance of said
Improvements.
4. Other Terms and Conditions. The parties agree to the following additional terms
and conditions:
4.1. Prior Easements. This Permanent Easement is granted subject to all
easements, rights -of -way, and other [natters of record, and those previously granted and now in
force and effect. Grantee shall determine such other matters of record by independent means,
ordered and paid for by Grantee. Grantor makes no warranties or representations as to matters of
title.
4.2. Additional Use. Use of the Permanent Easement for any purpose or
facilities not specified herein shall require written consent of the Grantor, or its designee, and
prior amendment of this Agreement, executed in the same manner as this Agreement.
4.3. Non-Assi ag�t bility. The Permanent Easement may not be assigned or
conveyed by the Grantee in any manner.
Page 4 of 7
SKLD LG SKLIC231 LR 25563-2011.004
RECEPTION#: 20110025563, 04/29/2011 at 11:23:37 AM, 5 OF 16, Scott Doyle,
Larimer County, CO
4.4. Successors. Subject to the limitations on assignment. set forth in paragraph
4.3 herein, this Agreement shall be binding on the parties' legal successors.
4.5 Third Party Beneficiarv. It is expressly understood and agreed that the
enforcement and conditions of this Agreement and all rights contained herein relating to
enforcement, shall be strictly reserved to the Grantor and the Grantee. Nothing contained in this
Agreement shall give or allow any claim or right of action whatsoever by any third person or
entity. It is the express intention of the Grantor and the Grantee that any such person or entity,
other than the Grantor or the Grantee, receiving services or benefits under this Agreement shall
be deemed an incidental beneficiary only.
4.6 Sovereian Immunity. Notwithstanding any other provision of this
Agreement, no term or condition of this Agreement shall be construed or interpreted as a waiver,
express or implied, of any of the immunities, rights, benefits, protection, or other provisions of
the Colorado Governmental Immunity Act, Section 24-10-101, et sect., C.R.S., as now or
hereafter amended, The parties understand and agree that liability for claims for injuries to
persons or property arising out of negligence of a party, its departments, agents, officials and
employees is controlled and limited by the provisions of Section 24-10-101, et seq., C.R.S. as
now or hereafter amended and the risk management statutes, Section 24-30-1501, et sea., C.R.S.
as now or here after amended.
4.7. Representatives and Notice. For the purposes of this Agreement, the
parties designate the following persons as their representatives and list the following addresses
for the delivery or mailing of notices and other communications:
Representative for the Grantee:
City Manager
City of Fort Collins
P. O. Box 580
Fort Collins, CO 80522
Representative for the Grantor:
Facilities Management
Facilities Service Center North
Colorado State University
Fort Collins, CI 80523-6030
with copy to:
Real Estate Services Manager
City of Fort Collins
P. 0. Box 580
Fort Collins, CO 90522
with copy to:
Office of the General Counsel
01 Administration Building
Colorado State University
Fort Collins, CO 80523-6030
Any notice required or desired to be given under this Agreement shall be delivered by hand or
by commercial courier or mailed by certified mail to the addresses listed above.
Page 5 of 7
SKLD LG SKL10231 LR 25563-2011.005
-----------------
,.--
Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such
holding shall not invalidate or render unenforceable any other provision of this Agreement.
17. Prohibition Against Emolo in 111 al Aliens. This paragraph shall apply to all
Contractors whose performance of work under this Agreement does not involve the delivery of a
specific end product other than reports that are merely incidental to the performance of said work.
Pursuant to Section 8-17.5-101, C.R.S., et. seq., Contractor represents and agrees that:
A. As of the date of this Agreement:
1. Contractor does not knowingly employ or contract with an illegal alien; and
2. Contractor has participated or attempted to participate in the basic pilot
employment verification program created in Public Law 208,
104th
Congress, as amended, and expanded in Public Law 156, 108th
Congress, as amended, administered by the United States Department of
Homeland Security (the "Basic Pilot Program") in order to verify that
Contractor does not employ any illegal aliens.
B. Contractor shall not knowingly employ or contract with an illegal alien to
perform works under this Agreement or enter into a contract with a
subcontractor that fails to certify to Contractor that the subcontractor shall not
knowingly employ or contract with an illegal alien to perform work under this
Agreement.
C. Contractor shall continue to apply to participate in the Basic Pilot Program and
shall in writing verify same every three (3) calendar months thereafter, until
Contractor is accepted or the public contract for services has been completed,
whichever is earlier. The requirements of this section shall not be required or
effective K the Basic Pilot Program is discontinued.
D. Contractor is prohibited from using Basic Pilot Program procedures to
undertake pre -employment screening of job applicants while this Agreement is
being performed.
E. if Contractor obtains actual knowledge that a subcontractor performing work
under this Agreement knowingly employs or contracts with an illegal alien,
Contractor shall:
1. Notify such subcontractor and the City within three days that Contractor
has actual knowledge that the subcontractor is employing or contracting
with an illegal alien; and
2. Terminate the subcontract with the subcontractor if within three days of
receiving the notice required pursuant to this section the subcontractor
does not cease employing or contracting with the illegal alien; except that
Contractor shall not terminate the contract with the subcontractor if during
such three days the subcontractor provides information to establish that
Standard Professional Services Agreement- rev 09101/06
RECEPTION#: 20110025563, 04/29/2011 at 11:23:37 AM, 6 OF 16, Scott Doyle,
Larimer County, CO
5. Jurisdiction. The laws of the State of Colorado and the rules and regulations
issued pursuant thereto shall be applied in the interpretation, execution, and enforcement of
this Agreement. Any provision of this Agreement, whether or not incorporated herein by
reference, that provides for arbitration by any extra -judicial body or person or which is
otherwise in conflict with said laws, rules and regulations shall be considered null and void.
Nothing contained in any provision incorporated herein by reference which purports to negate
this or any other special provision in whole or in part shall be valid or enforceabl ravailable
in any action at law whether by way of complaint, defense, or otherwise. Any provision
rendered null and void by the operation of this provision will not invalidate the remainder of
this Agreement to the extent that the agreement of the parties is capable of execution.
6. No Corrupt Influences. The signatories hereto aver that they are failiar with
C.R.S. §18-8-301 et seq. (Bribery and Corrupt Influences) and C.R.S. § 18-8-401 et seq.
(Abuse of Public Office), as may be amended from time to time, and that no violation of such
provisions is present.
reto aver
t to eir
7, No Beneficialersonal orsbenefic agnatories interest ine[he propertyadescrknowledge,
no
ibed herein.
State employee has any p
8. Obligations Subiect to Annual Appropriation. Any financial obligations of
Grantee under this Agreement that are payable in subsequent fiscal years are subject to annual
appropriation of sufficient funds therefore by Grantee's City Council, in its sole discretion.
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and
year written above.
City of Fort Collins, Colorado,
A Municipal Corporatio
By: City Manager
APPROVED AS TO FORM:
i
�
By _D-1
Assistant City Attorney
ATTEST:
U\ypF FORtC 4�
S to
By: City C ORAL
Page 6 of 7
LG SKLI0231 LLP,25563-2011.006
C
RECEPTION#: 20110025563, 04/29/2011 at 11:23:37 AM, 7 OF 16, Scott Doyle,
Larimer County, CO
STATE OF COLORADO )
ss
COUNTY OF LARRIMER
Th =begoing instrument was acknowle ed of a mg this _ day of 2011 by
ti and as City Manager
and City Clerk of thelCity of Fort Collins, Colorado.
My commission expires:
Witness my hand and official seal.
Notary Public
The Board of Governors of the CSU System
for the use and benefit of Colorado State University
By: _ '�" 22�::n=
Dr, An ony h. Frank, President
Colorado State University
APPROVED:
!►� Cyeal Counsel
STATE OF COLOR -ADO
P . NOTARY
ent_ PUBLIC
) ss
COUNTY OF LARIMER ) 4
The foregoing instrument was acknowledged before me this - day of
2, L , 2011 by Dr. Anthony A. Frank, President, Colorado State URl�[�i't'y;rfkj�;�
the 11oard of Governors of the Colorado State University System. �.�`°c��.PNIE• N,re0''�%
My commission expires:
PUBLIC
Witness my hand and official seal. ��,�iF' •.. QO\�?
� R COLON
U / lSsion expires 0519,
/f Notary P " lic
Page 7 of 7
SKLD LG SKL10231 LR 25563-2011.007
RECEPTION#: 20110025563, 04/29/2011 at 11:23:37 AM, 8 OF 16, Scott Doyle,
Larimer County, CO
Exhibit "A"
Grantor's Property Page 1 of 2
Parcel 1:
Land lying and being within Larimer County, the State of Colorado, further described as:
6 potion of the SEt of Section 23, Tovnship 7 Worth, Rani* 69 hest
of 6th ? M., note Qartioulavly described
bed awed Considering
North line of said 50 as bssring with alat the 8b comer of
contained berets relative thereto and boiiaaiui
said 89% and Twainf thence N. 990491 East 1767.85 fast aloai the
South line of said $Ek to a pint on the Westerly tight of said line
of the C.& 8.R.R. theaee N.00 33' Bast J337.70 toot aloni
'Westerly Might of Way line, thence N►04 21' East 3G6•C9oiifNil9y line
point which is the Intersection ofhsaaiid WasterlY RiSht North line
with the Borth line of said 8�, thence 8.000 25l
1632.75 feet to the Northwest corner of said Z to the point o! beE�-
2 8.6g is}}t aloUS �lest� of sa}�d gg�G
• in tits City o ;or o a. COLOrado.
am.
SKLD LG SKL10231 LR 25563-2011.008
RECEPTION#:
20110025563, 04/29/2011 at 11:23:37 AMr 9 OF 16, Scott Doyle,
Larimer County, CO
Exhibit "A" Grantor's Property
Page 2 of 2
Parcel 2:
within Larimer County, the State of Colorado,
Land lying and being
further described as:
23,
A tract of land located. 69 WestNoftthes6th principalSection Meridian, City of
Township 7 North, Rang
Fort Collin., County of Larimer, State o! Colorado, being more
particularly described as follows'
theast Quarter of said Section 23
Considering the South line of the NOV
as bearing
gosouth d9hdegrees21erein minuive tes
s03 seconds Bast and with all
bearing
231
Commencing at the Center Quarter corner of said section ou
Dint on the Southeasterly
thence along said South line of the Northeast Quarter, South 89 egress
21 minutes 03 seconds East, 294.89 feet to a p
line of a proposed 15 foot wide utility easement, said point also being
the point of Beginning;
thence along said southeasterly line, North 42 degrees 50 minutes 3to
seconds East 429.54 feet to a point on a non -tangent ate. concave seconds,
the Norus oIn f 125i 0 feetnandlthegle of 1 6chord of A chebearsmNorth s642degrees 9a
minutes 44 seconds East , 155.61 feet; the south
2108
thence 3lon Othe arc of pen Space/PedesCsaid iiane8icycle Trail 7.97 feet trecordedtinnBook ant
line at page the 1021, Larimer County records and also being on a non -tangent
liner non -
he
tangent alonwelvesaid
(o tangent lineand diatancesg SouthS77tdegrees h line t50
following rses feet to a point south
on a curve concave to
minutes 54 seconds East, le of 24 d9g
the Worus of 262i50 feetnandlthegchord o£ whichebears North 895degreradesa48
minutes 44 seconds East 112.20 feetr
thence along the arc of said curve 223.36 feet to a
113.a7 feet;
North
thence 77 degrees 28 minutes 21 seconds East,
point on a curve concave to the South having a central angle of 40
which bears South 82 degrees 27 minutes 36 seconds East, 42.89 feet;
degrees 08 minutes 05 seconds, a radius of 62.50 feet and the chord o
thence along the arc o! said curve 43.78 feet; 34 second115.96 feet to a
thence, South 62 degrees 23 minutes s central angle of 34
point on a curve concave to theNorthradihavins of262.5o feet and the chord of
degrees of minutes 50 seconds,
which bears South a79 degreesof said 24 minutesve 29feseconds East, 153.63 set;
thence along
thence, North 83 degrees 34 minutes 36 seconds East, 29.54 feet o a
point on a curve .concave to the North having a central angle of 21
radius Of 372.50 13the feetr
degrees 27 minute 719degreess45aminutes 57 seconds fEast,et 1 the chord,of
thence along the arc of said curve 140.57 feet to a point on a curve
concave to the Northwest having a central angle of 14 degrof which
ees 19
minutes 03 seconds, a radius Of minute67465sec nds0 feet aEastnd he167.61 feet;
bears North 54 deg curve a5.5o feet to a
thence along the degZBess38dminutes114 seconds rcentral angle of 44
thence, North 47 deg
point an a curve concave to theaSradiusaofn47.50 feet and3a cho84 rd
of
degrees 20 minutes 04 seconds,
which bears South 69 degrees 48 minutes 16 seconds West,
thence along the arc of said curve 36.75 £eet�ton Northern Railroad;
thence, South 88 degreCsoolminutes line of Burling East, Northern
feet to a
point on the West r gh right-of-way line South 06 degrees 21 minutes 32
thence along said West rig
seconds West, 418.99 feet to a point on the South line of said
Northeast Quarter of Section 23;
thence1along7said sou oh line,
n poi t tolBHaginning,21 minutes 03 seconds
Watt,
A-7
SKLD LG SKL10231 LP, 25563-2011.009
RECEPTION#: 20110025563, 04/29/2011 at 11:23:37 AM, 10 OF 16, Scott Doyle,
Larimer County, CO
Exhibit "B" Easement Area Page 1 of 3
DESCRIPTION OF A PERMANENT EASEMENT TO BE ACQUIRED FROM THE
COLORADO STATE BOARD OF AGRICULTURE, NOW KNOWN AS THE BOARD OF
GOVERNORS OF THE COLORADO STATE UNIVERSITY SYSTEM, ACTING
BY AND THROUGH COLORADO STATE UNIVERSITY
A Permanent Easement located in the northeast quarter of Section
23, Township 7 North Range 69 West of the Sixth Principal Meridian,
City of Fort Collins, Larimer County, Colorado, being more
particularly described as follows;
Considering the south line of the northeast quarter of the said
Section 23 as bearing North 89 degrees 22 minutes 14 seconds West
between a 2.5" Aluminum Cap Monument at the east quarter corner and
a 2.5" Aluminum Cap Monument at the center quarter corner of
Section 23, based upon G.P.S: observations and the City of Fort
Collins coordinate system, and with all bearings contained herein
relative thereto;
Commencing at the east quarter corner of the said Section 23;
THENCE along the south line of the northeast quarter of the
said Section 23, North 89 degrees 22 minutes 14 seconds West for a
distance of 847.88 feet to the west line of a Non-exclusive
Easement recorded October 19, 2005 at Reception No. 20050089229
records of the Clerk and Recorder of the said Larimer County;
THENCE along the said west line, and along the west line of a
Non-exclusive Easement recorded January 31, 2005 at Reception No.
20050007910 records of the said Clerk and Recorder, along a non -
tangent curve to the right having a radius of 1590,00 feet a
central angle of 01 degrees 24 minutes 33 seconds and an arc length
of 39.11 feet, being subtended by a chord of North 06 degrees 49
minutes 44 seconds East for a distance of 39.11 feet;
THENCE continuing along the west line as described at
Reception No. 20050007910, North 07 degrees 32 minutes 01 seconds
East for a distance of 17.40 feet to the TRUE POINT OF BEGINNING of
this description;
THENCE continuing along the said west line as described at
Reception No. 20050007910, North 07 degrees 32 minutes 01 seconds
East for a distance of 70.15 feet;
THENCE leaving the said west line, North 82 degrees 30 minutes
10 seconds West for a distance of 20.11 feet;
THENCE North 07 degrees 30 minutes 19 seconds East for a
distance of 43.58 feet;
THENCE North 82 degrees 28 minutes 47 seconds West for a
distance of 30.10 feet;
THENCE along a non_ tangent curve to the right having a radius
of 52.66 feet a central angle of 44 degrees 20 minutes 06 seconds
and an arc length of 40.75 feet, being subtended by a chord of
South 36 degrees 32 minutes 30 seconds West for a distance of 39.74
Page 1 of 2
SKLD LG SKL10231 LR 25563-2011.010
RECEPTION#: 20110025563, 04/29/2011 at 11:23:37 AM, 11 OF 16, Scott Doyle,
Larimer County, CO
Exhibit "B" Easement Area Page 2 of 3
feet;
THENCE along a non -tangent curve to the right having a radius
of 150.00 feet a central angle of 41 degrees 24 minutes 39 seconds
and an arc length of 108.41 feet, being subtended by a chord of
South 26 degrees 52 minutes 19 seconds West for a distance of
106.07 feet;
THENCE South 83 degrees 33 minutes 39 seconds East for a
distance of 84.58 feet;
THENCE North 07 degrees 29 minutes 50 seconds East for a
distance of 19.51 feet;
THENCE South 82 degrees 27 minutes 59 seconds East for a
distance of 20.06 feet to the point of beginning. Containing 8,631
square feet more or less.
The above described tract is subject to all easements and rights of
ways now existing or of record.
I hereby state that the above description was prepared by me and is
true and correct to the best of my professional knowledge, belief
and opinion. The description is based upon previously recorded
plats and deeds and not upon a actual field survey.
WALLACE C. MUSCOTT COLORADO P.L.S. 17497
P.O. BOX 580 FORT COLLINS, CO 80522
CRq/Q
Page 2 of 2
SKLD LG SKL10231 LR 25563-2011.011
RECEPTION#: 20110025563, 04/29/2011 at 11:23:37 AM, 12 OF 16, Scott Doyle,
Larimer County, CO
' Exhibit "B" Easement Area Page 3 of 3
LOCATION SKETCH OF EXHIBITS B AND C
LOCATION SKETCH
STATE OF COLORADO BOARD OF AGRICULTURE
NOW KNOWN AS THE BOARD OF GOVERNORS OF THE COLORADO
STATE UNIVERSITY SYSTEM, ACTING BY AND THROUGH
COLORADO STATE UNIVERSITY
A�E,Ir«
E4sEXf--1Vr R/ xeesaa��9�o
PROPOSED
PERMANENT
ESM'T.
6,631 SO, FT.
QN
PROPOSED r
I
TEMP. CONST.
ESH'T.
51C,
I
387 SO. FT,
CENTER 1/4 CORNER
I
23-7-69
NCW-QL'YUSYO£
/y;I
/
�
EASE,(AriVJ R/ PLYA56YW=V
j
I
Course
Bearing
Distance
Ll
N 89'22'14' W
847,08'
L2
N 07,32101' E
17.40'
L3
N 07.32'01' E
70.15'
L4
N 07'32'01' E
78.91,
L5
N 83'33'39' W
52.11,
L6
S 17'10'23' W
36.90,
L7
S 83'33'39' E
7.46'
L8
S 83'33'39' E
84.58'
L9
N 07.29,50, E
19.51'
LIO
S 82'27'S9' E
20.06'
L'
S 83.47'49' E
20.06'
L12
N 82.30'10' W
20.11,
L13
N 07'30'19' E
4158'
L14
N 82'28'47' W
30,10'
M15 SKETCH ANC THE AREAS
SHOWN DEPICT THE ATTACHED
PROPERTY OESCRIPDON ONLY,
AND DC NOT REPRESENT A
NONUMENTE0 BOUNOMY SURVEY,
K\SURV\PROJ\TRANSERV\NRRC\CSUROW
RR�lOSED
!RES7Rl4N B�AYxE
EAST 1/4 CORNER
23-7-69
Curve Radius Length Detta Chord Chord Bear.
Cl 1590.00, 39.11' 1'24'33' 39.11' N 06'49'44' E
C2 1590.00' 1,64' O'03'33' 1.64' N 07'30'15' E
C3 52.66' 40,75' 44.20'06' 39.74' S 36'32'30' W
C4 150.00' 108.41' 41'24'39' 106.07' S 26'52'19' V
C5 26.94, 2,99, 5'54'59' 2.99' S 20'14'45' W
C6 45.75' 32.02, 40.05'42' 3t.37' S 39'00'15' V
C7 132.69' 113.0348*48'17' 109.64, S 27.07,36' W
CB 1590,00, 37.46' 1.21'00' 37.46' N 06.47'58' E
N
APRIL 20, 2009
NTS
SKLD LG SKL10231 LR 2SS63-2011.012
RECEPTION#: 20110025563, 04/29/2011 at 11:23:37 AM, 13 OF 16, Scott Doyle,
Larimer County, CO
Exhibit "C" Construction Easement Area Page 9 of 4
DESCRIPTION OF TWO TEMPORARY CONSTRUCTION EASEMENTS TO BE
ACQUIRED FROM THE COLORADO STATE BOARD OF AGRICULTURE, NOW
KNOWN AS THE BOARD OF GOVERNORS OF THE COLORADO STATE UNIVERSITY
SYSTEM, ACTING BY AND THROUGH COLORADO STATE UNIVERSITY
Two Temporary Construction Easements located in the northeast
quarter of Section 23, Township 7 North Range 69 West of the Sixth
Principal Meridian, City of Fort Collins, Larimer County, Colorado,
being more particularly described as follows;
Considering the south line of the northeast quarter of the said
Section 23 as bearing North 89 degrees 22 minutes 14 seconds West
between a 2.5" Aluminum Cap Monument at the east quarter corner and
a 2.5" Aluminum Cap Monument at the center quarter corner of
Section 23, based upon G.P.S. observations and the City of Fort
Collins coordinate system, and with all bearings contained herein
relative thereto;
Commencing at the east quarter corner of the said Section 23;
THENCE along the south line of the northeast quarter of the
said Section 23, North 89 degrees 22 minutes 14 seconds West for a
distance of 847.88 feet to the west line of a Non-exclusive
Easement recorded October 19, 2005 at Reception No. 20050089229
records of the Clerk and Recorder of the said Larimer County;
THENCE along the said west line, and along the west line of a
Non-exclusive Easement recorded January 31, 2005 at Reception No.
20050007910 records of the said Clerk and Recorder, along a non -
tangent curve to the right having a radius of 1590.00 feet a
central angle of 01 degrees 24 minutes 33 seconds and an arc length
of 39.11 feet, being subtended by a chord of North 06 degrees 49
minutes 44 seconds East for a distance of 39.11 feet;
THENCE continuing along the west line as described at
Reception No. 20050007910, North 07 degrees 32 minutes 01 seconds
East for a distance of 87.55 feet to the TRUE POINT OF BEGINNING of
this description;
THENCE continuing along the said west line as described at
Reception No. 20050007910, North 07 degrees 32 minutes 01 seconds
East for a distance of 78.91 feet;
THENCE leaving the said west line, North 83 degrees 33 minutes
39 seconds West for a distance of 52.11 feet;
THENCE along a non -tangent curve to the left having a radius
of 28.94 feet a central angle of 05 degrees 54 minutes 59 seconds
and an arc length of 2.99 feet, being subtended by a chord of South
20 degrees 14 minutes 45 seconds West for a distance of 2.99 feet;
THENCE south 17 degrees 10 minutes 23 seconds West for a
distance of 36.90 feet;
THENCE along a curve to the right having a radius of 45.75
feet a central angle of 40 degrees 05 minutes 42 seconds and an arc
Page t of 3
SKLD LG SKLI0231 LR 25563-2011.013
RECEPTION#: 20110025563, 04/29/2011 at 11:23:37 AM, 14 OF 16, Scott Doyle,
Larimer County, CO
• Exhibit "C" Construction Easement Area Page 2 of 4
length of 32.02 feet, being subtended by a chord of south 39
degrees 00 minutes 15 seconds West for a distance of 31.37 feet;
THENCE along a non -tangent curve to the right having a radius
of 132.69 feet a central angle of 48 degrees 48 minutes 17 seconds
and an arc length of 113.03 feet, being subtended by a chord of
South 27 degrees 07 minutes 36 seconds West for a distance of
109.64 feet;
THENCE non -tangent from the previous curve, South 83 degrees
33 minutes 39 seconds East for a distance of 7.46 feet;
THENCE along a non -tangent curve to the left having a radius
of 150.00 feet a central angle of 41 degrees 24 minutes 39 seconds
and an arc length of 108.41 feet, being subtended by a chord of
North 26 degrees 52 minutes 19 seconds East for a distance of
106.07 feet;
THENCE along a non -tangent curve to the left having a radius
of 52.66 feet a central angle of 44 degrees 20 minutes 06 seconds
and an arc length of 40.75 feet, being subtended by a chord of
North 36 degrees 32 minutes 30 seconds East for a distance of 39.74
feet;
THENCE non -tangent from the previous curve, South 82 degrees
28 minutes 47 seconds East for a distance of 30.10 feet;
THENCE South 07 degrees 30 minutes 19 seconds West for a
distance of 43.58 feet;
THENCE South 82 degrees 30 minutes 10 seconds East for a
distance of 20.11 feet to the point of beginning. Containing 3,613
square feet more or less.
TOGETHER WITH:
With the above described basis of bearings;
Commencing at the east quarter corner of the said Section 23;
THENCE along the south line of the northeast quarter of the
said Section 23, North 89 degrees 22 minutes 14 seconds West for a
distance of 847.88 feet to the west line of a Non-exclusive
Easement recorded October 19, 2005 at Reception No. 20050089229
records of the Clerk and Recorder of the said Larimer County;
THENCE along the said west line, and along the west line of a
Non-exclusive Easement recorded January 31, 2005 at Reception No.
20050007910 records of the said Clerk and Recorder, along a non -
tangent curve to the right having a radius of 1590.00 feet a
central angle of 01 degrees 21 minutes 00 seconds and an arc length
of 37.46 feet, being subtended by a chord of North 06 degrees 47
minutes 58 seconds East for a distance of 37.46 feet to the TRUE
POINT OF BEGINNING of this description;
THENCE continuing along the west line as described at
Reception No. 20050007910 along a curve to the right having a
radius of 1590.00 feet a central angle of 00 degrees 03 minutes 33
Page 2 of 3
SKLD -_G SKL10231 LR 25563-2011.014
RECEPTION#: 20110025563, 04/29/2011 at 11:23:37 AM, 15 OF 16, Scott Doyle,
Larimer County, CO
'. h
Exhibit "C" C6nstruction Easement Area Page 304
seconds and an arc length of 1.64 feet, being subtended by a chord
of North 07 degrees 30 minutes 15 seconds East for a distance of
1.64 feet;
THENCE continuing along the west line as described at
Reception No. 20050007910, North 07 degrees 32 minutes 01 seconds
East for a distance of 17.40 feet;
THENCE leaving the said west line, North 82 degrees 27 minutes
59 seconds West for a distance of 20.06 feet;
THENCE South 07 degrees 29 minutes 50 seconds West for a
distance of 19.51 feet;
THENCE South 83 degrees 47 minutes 49 seconds East for a
distance of 20.06 feet to the point of beginning. Containing 387
square feet more.or less.
The above described easements contain a total of 4,000 square feet
more or less and are subject to all easements and rights of ways
now existing or of record.
I hereby state that the above description was prepared by me and is
true and correct to the best of my professional knowledge, belief
and opinion. The description is based upon previously recorded
plats and deeds and not upon a actual field survey.
WALLACE C. MUSCOTT COLORADO P.L.S. 17497 �tµµllNalq����
P.O. BOX 580 FORT COLLINS, CC 80522 w•" CRq/Qfy,
L +�
su tot.. 0
......... Plee0° `s
Page 3 of 3
SKLD LG SKL10231 LR 25563-2011.015
the subcontractor has not knowingly employed or contracted with an illegal
alien.
F. Contractor shall comply with any reasonable request by the Colorado
Department of Labor and Employment (the "Department") made in the tourse
pursuant
of an investigation that the Department undertakes or is undertaking
to the authority established in Subsection 8-17.5-102 (5), C.R.S.
G. If Contractor violates any provision of this Agreement pertaining to the duties
imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this
Agreement. If this Agreement is so terminated, Contractor shall be liable for
actual and consequential damages to the City arising out of Contractor's
violation of Subsection 8-17.5-102, C.R.S.
H. The City will notify the Office of the Secretary of State if Contractor violates
this provision of this Agreement and the City terminates the Agreement for
such breach.
18. Special Provisions. Special provisions or conditions relating to the services to be
performed pursuant to this Agreement are set forth in Exhibit "D", consisting of eighteen (18) pages,
attached hereto and incorporated herein by this reference.
Standard Professional Services Agreement- rev 09/01/06 6
RECEPTION#: 20110025563, 04/29/2011 at 11:23:37 AM, 16 OF 16, Scott Doyle,
Larimer County, CO
4' Exhibit "C" Construction Easement Area Page 4 of 4
LOCATION SKETCH OF EXHIBITS B AND C
LOCATION SKETCH
STATE OF COLORADO BOARD OF AGRICULTURE
NOW KNOWN AS THE BOARD OF GOVERNORS OF THE COLORADO
STATE UNIVEROLORADOSITY ST M, AC IING N V BY AND THROUGH
CENTER 1/4 CORNER
23-7-89
Mw-LI'CLU.SYY£
I
GSI'w-'r R/ A-5G4AR9?19
I
Course
Bearin9
Instance
LI
N 99'22'14' W
847.98'
L2
N 07'32'01' E
17.40'
L3
N 07,32,01, E
70.15'
L4
N 07'32'01' E
78.91'
L5
N 83'33'39' W
52.111
L6
S 17*10123' W
L7
S 83*33,39' E
7 46'
4.59
B19
L9
N 07'29'50' E
511'I
L 10
S 82' 27'59' E
20.06'
L11
S 93.47'49' E
2411'
N 82130'10' W
.12
L13
N 37.30'19' E
4059'
L14
N e2'28'47' W
30.10,
TH S SKETCH AND THE AREAS
SHOWN DEPICT THE ATTACHED
pRopMTy
ONLY.
REPRESENT A
I,NDoo NO
MONUMENTED SOUNOARY SURVEY.
K\SURV\PROJ\TRANSERV\NRRC\CSUROW
yPalzSEO
EDESIRitN Boca,
FAST 1/4 CORNER
23-7-69
Curve RadluS Len®th Delta Chord Chord Bear,
C1 1590.00, 39.11' 1,24'33' 39.11, N 06'49'44' E
C2 1590.00' 1.64' 0'03'33' 1.64, N 07'30.15' E
C3 52.66' 40.75' 44,20,06' 39.74' S 36'32'30' W
C4 150.00' 108.41' 41'24139' 106,07, S 26.52'19' V
C5 28.94' 2.99, 5'54'59' 2.99, S 20'14.45' W
32.02' 40105'42' 31.37'
S 39'00'13' W
C6 45.75'
C7 1.32.69' 113.03' 48'49'17' 109.64' S 27'07'36' W
C8 1590.00, 37,46' 1'2l'00' 37.46, N 06-47158' E
N
APRIL 20, 2009
NITS
SKLD LG SKLI0231 LR 25563-2011.01
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THE CITY OF FORT COLLINS, COLORADO
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By:
a s B. O'Neill ll, CPPO, FNIGP
Directo urchasing &Risk Management
DATE: D
Felsburg, Halt Ullevig
By:
Title: ?Y- I' �o
CORPORATE PRESIDENT OR VICE PRES ENT
Date: i
Ancir
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(Corporate Seal)
Standard Professional Services Agreement- rev 09/01/06 7
EXHIBIT A
1, project Coordination — A series of project progress meetings are planned throughoutthe
project duration. As can be seen on the attached project schedule, a total of nine (9) progress
gr
meetings are planned — meetings scheduled for the entire design team (FHU Team, City and
CDOT staffs). The actual schedule of progress meetings may change during the course of
the project; however, it is anticipated that five (5) meetings would be held during the concept
planning phase, one (1) during the preparation of preliminary plans, three (3) during the
preparation of the final design plans, and one (1) close to the presentation of the final plans to
the public.
DELIVERABLES:
— Progress meeting minutes, meeting handouts, display material
2. Data Collection — The FHU Team will collect the following information from the City:
Aerial mapping — we will likely use mapping already in our possession related to
other MTC projects.
• City utility key maps
• Topographic/ROW Survey
• Property ownership
Adjoining site plans
Drainage and flood data
FHU will collect the following information from other sources:
• BNSF lease agreements, if available
• Private utility key maps
• Wetland/T&E/1-lazmat information
• Project photo log
DELIVERABLES:
— Aerial mapping, topographic survey (including information to College Avenue),
AutoCAD utility database, photo log
Standard Professional Services Agreement- rev 09/01106 8
Staff
Meeting #1) to start the
3. Conceptual Design —The FHU team will meet with City (Committee {TAC) that
project, refine the schedule, and to establish a Technical Advisory
will provide input into the critical decisions of the project. We propose
include
City, CDOT and consultant staffs that would meet monthly during concept planning
phase (5 total meetings), to evaluate project alternatives and to provide input on grade -
separation selection.
The FHU team will:
• Prepare a detailed site analysis plan summarizing the site opportunities and
constraints.
• Conduct an Internal Workshop session with the TAC at Meeting #2 to review
project concept plans for the project. The workshop session will serve as the starting
point for development of the project vision. The basic conceptual options will
compare functionality, impacts, perceptions, and relative costs of the underpass and
overpass options. Possible modifications to the parking areas, drives and walk
connections through private property will be explored. The outcome of the workshop
will be a'decision to further explore either an overpass or underpass as the preferred
approach, as well as ideas for improvements to private property that may go beyond
the immediate project area.
The preferred option will be further developed and analyzed in more detail and
preliminary cost estimates developed. Further refinements would identify drainage or
utility impacts, impacts to private property, grades, retaining walls, etc.
Participate in three individual meetings with affected landowners to review the
alternatives. Identify their concerns and issues, as well as opportunities for
partnerships and connections to N. College Ave. Perspective sketcnes wui oe
developed for better communication to the landowners. Alternatives will address
possible architectural character of the crossing structure, probable cost and perceived
safety. After the landowner meetings the TAC would reconvene (Meeting #3) and
determine a preferred direction for alternatives to share with the public.
• During the preparation of the concept plans, FHU will submit design criteria for the
project using the design criteria from the City's Design Guidelines for Grade -
Separated Pedestrian Cyclist and Equestrian Structures as an initial guide.
• Conduct a public open house to review refined alternatives and receive comments.
• Meet with TAC to select a preferred approach (Meeting #4).
• Refine the design drawings in plan, section elevation and perspective sketch to
completely illustrate all aspects of the project and allow for accurate cost estimating.
Standard Professional Services Agreement- rev 09/01/06 9