HomeMy WebLinkAboutHOME INSTEAD PLAZA - Filed ED-EASEMENT DEDICATION - 2016-07-27Doberstein
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Doberstein Lernburg Commercial, Inc.
1401 Riverside Avenue
Suite A
Fort Collins, CO 80524
(970) 221-1965 Office
(970)221-1966 Fax
James Ruffing
Real Estate and Assets
RE: Emergency Access Easement (EAE)
Dear Mr. Ruffing:
The following narrative is responding to the attached letter dated November 27, 2013, specifically responding
to requirement F.
Please note the attached copies of the engineering drawings for the purported construction on the U.S. Postal
Service (USPS) property. The only portion of USPS property that will be affected is the curb that separates the
two properties.
The curb will be removed and attached to a drive lane that will enable vehicles to access and then egress
USPS property. There should be no interruption to USPS traffic and all construction will be on the adjacent
property, except for the aforementioned removal of the curb and the attachment of the drive lane.
The work should be completed in less than a couple of hours as the curb removal will be simple — demolition of
the current curb and pour a drive lane to the existing pavement.
We anticipate no impact to current customers and staff during this process or any negative impact once the
connection is completed.
Should you have any questions regarding this letter, please call me. I have enclosed my card for your
convenience.
Thank you for your cooperation.
Sincerely,
DO RSTEIN LEMBURrCOM7MERCI L,INC.
Daniel R. Bernth, CCIM
President
1/6/2014/S:\TEXT\3. LETTERS\OTHER\HOME INSTEAD - USPS.doc
Area as set forth above, upon reasonable notice and opportunity to cure, Grantor shall have the
right to perform such maintenance or repair, and shall further have the right to recover its costs
from Grantee, their respective heirs, successors and assignees.
4. USPS Reserved Rights. Grantor reserves the right to use the Easement Area for any
purpose not inconsistent with the rights herein granted. Grantee agrees that throughout the
duration of this Easement to provide Grantor, its employees, customers, and the public with
continual and uninterrupted access to the USPS Facility. In the event Grantee fails to provide
continual and uninterrupted access to the USPS Facility, Grantor has the option of terminating this
Easement by providing written notice to Grantee that Grantee has One (1) day to remedy the
situation. In the event Grantee fails to provide access to the USPS Facility or otherwise remedy the
situation within such period, as solely determined by Grantor, this Easement shall terminate and
all rights hereunder, and any improvements remaining in the Easement Area, shall revert or
otherwise become the property of Grantor. Upon termination of the Easement, Grantee shall
restore any affected portion of the Easement Area to the condition it existed prior to Grantor's
grant of this Easement.
5. USPS's Indemnity. Grantor shall indemnify and hold harmless Grantee from all
claims, losses, damages, actions, causes of action, expenses, and/or liabilities resulting from the
use of the Easement Area by Grantor whenever such claims, losses, damages, actions, causes of
action, expenses, and/or liabilities arise from the negligent or wrongful act or omission by an
employee of Grantor, while acting within the scope of his or her employment, under circumstances
where Grantor, if a private person, would be liable in accordance with the laws of the State of
Colorado. Notwithstanding the foregoing, Grantor shall be under no obligation to hold harmless
and indemnify Grantee to the extent that any negligent or wrongful act or omission by Grantee, its
employees or agents, in any way causes or contributes to such claims, losses, damages, actions,
causes of action, expenses and/or liabilities as defined in accordance with the provisions of the
Federal Tort Claims Act, 28 U.S.C. 1346 § (b) and §2671, et sea.
6. The Grantee, on behalf of itself its agents, servants, employees, invitees, and contractors who
may at any time use, occupy, visit, or maintain said Border Easement herein created, agrees to:
a comply with applicable Occupational Safety and Health Standards, title 29 Code of
Federal Regulations (CFR) (including but not limited to Parts 1910 and 1926),
promulgated pursuant to the authority of the Oompational Safety and Health Act of 1970
(OSHA);
b. comply with any other applicable federal, state, or local regulation governing workplace
safety to the extent they are not in conflict with a; and,
c take all other proper precautions to protect the health and safety of
i. any laborer or mechanic employed by the Grantee in performance of this
agreement;
I Postal Service employees; and,
iii. the public.
7. Grantee' Indemnity. Except as set forth in Section 5 above, Grantee shall hold the
USPS harmless, and shall defend and indemnify the USPS, from any and all claims, losses,
damages, injuries, causes of action, expenses, and/or liabilities resulting from Grantee' use of the
Easement Area, which includes, but is not limited to, Grantee' use or maintenance of the USPS
Facility. The USPS shall not be responsible for damages to the property or injuries to the person of
others who may be on the USPS Facility at Grantee' invitation.
8. Covenants Running with the Land. All provisions of this instrument, including the
benefits and burdens, are deemed to be covenants running with the land and are binding upon and
inure to the benefit and burden of the parties hereto and their respective successors and assigns.
9. Upon termination of the Easement, Grantee shall restore any affected portion of
the property to the condition it existed prior to Grantee's access.
10. The Grantor does not warranty that the Easement Area is suitable for the purposes
stated herein and Grantee hereby waives any express or implied warranty on the part of Grantor.
Grantor has no knowledge of subsurface conditions and makes no representations as to soil
types, existence of underground utilities, or any other latent conditions that may impact
Grantee's use and enjoyment of said Easement.
11. This Easement is granted subject to any and all restrictions, covenants, other
easements, encumbrances, liens of any kind, leases, and interests of others, including rights of
way for roads, pipelines, railroads, and public utilities, whether or not matters of public record.
12. Interference. The Grantor reserves the right, however, to use the Easement
Area for any purpose not inconsistent with the rights granted herein. The Grantee agrees
throughout the duration of this Easement to provide the Grantor, its employees, customers, and
the public with continual and uninterrupted access to the Grantor's Parcel. In the event the
Grantee fails to provide continual and uninterrupted access to the Grantor's Parcel, the Grantor
has the option of terminating this Easement by providing written notice to the Grantee that the
Easement is terminated at no cost to the Grantor. Upon receipt of said notice, the Grantee has
one (1) business day to remedy the situation. In the event the Grantee fails to provide access to
the Grantor's Parcel within one (1) day, said notice of termination shall become final and the
TCE is terminated.
13. Claims and Controversies; Applicable Law. Any claim, controversy, or dispute
arising out of this Easement shall be governed by applicable federal law.
14. Recordation. This Easement shall be recorded by Grantee.
Grantor. UNITED STATES POSTAL SERVICE
Its:
DISTRICT OF COLUMBIA
On this day of , 2014, personally appeared before me
Contracting Officer who being by me duly sworn, did say that he/she
represents the United States Postal Service, and acknowledged to me that, acting under a delegation of
authority duly given and evidenced by law and presently in effect, he/she executed said instrument as the
act and deed of the United States Postal Service for the purposes therein mentioned.
SEAL
NOTARY PUBLIC
My commission expires:
Grantee: Moomey Enterprises, LLC
Its:
STATE OF )
ss. )
COUNTY OF )
On this day of , 2014, personally appeared before me
who being by me duly sworn, did say that he/she represents the
Moomey Enterprises, LLC, and acknowledged to me that, acting under a delegation of authority duly
given and evidenced by law and presently in effect, he/she executed said instrument as the act and deed
of the Moomey Enterprises, LLC for the purposes therein mentioned.
SEAL
NOTARY PUBLIC
My commission expires:
EXHIBIT "B"
TO
ACCESS EASEMENT
EXHIBIT "C"
TO
ACCESS EASEMENT
UNITED STATES POSTAL SERVICE
Agreement of Purchase and Sale
„ LARM D. MOOMEY JUDITH J MOOMEY JUSTIN MOOMEY AND ERIN N. MQQM
AND/Olt ASSIGNS ("Buyer") hereby agrees to purchase die United States Postal Service ("Seller")
Property described as follows;
Legal description attached as Exhibit A ("Property")
subject to the following terms and conditions.
1. Price. The purchase price will be three hundred thousand cloven dollars $3 11,000.00.
2. Deposit. Upon acceptance of this Agreement by the Seller, Buyer will subinit a deposit of
$5,000.00 dollars (Five Thousand dollars), by certified or cashier's check made payable to the
Escrow Agent identified in paragraph 11. Escrow Agent will hold this deposit hi escrow by
promptly placing the deposit in an Interest -beaming bank account; Escrow Agent will provide the
parties with all specific information concerning this account, including bank name, account
number, etc. Escrow Agent will apply the deposit toward the purchase price at closing. Escrow
Agent will return the deposit to Buyer if this Agreement Is tenninatcd pursuant to paragraphs 4,
10 or l 1. Escrow Agent will forward the deposit to the Seller (at the Seller's option) upon any
breach or default by Buyer pursuant to paragraph 14,
3. Execution Requirements. Buyer must attach to the Agreement of Purchase turd Sale
documentary evidence that establishes the authority of the person(s) executing the Agreement to
bind the Buyer to die terms of this Agreement. As part of the attachment, Buyer must indicate
how it operates; e.g., as an individual, partnership, or corporation.
4. Inspection and Condition of Property.
a. Seller grants permission to Buyer and its agents to enter upon die Property, subject to
notice to and approval by Seller, for One hundred fifty (150) eglendar days after
acceptance of this Agreement {"Contingency Removal Date") to Investigate every aspect
of the condition and status of the Property, Including, without limitation, consistency
with zoning and use limitations, construction of the improvements, if any, the existence
and/or availability of utility connections, soil and groundwater conditions, the presence
of underground storage tanks and hazardous wastes or substances, and compliance or
consistency with permits, approvals, and applications of or to governmental agencies in
connection with the Property. After conducting any such inspection, Buyer, at its sole
expense, shall restore the Property to the condition drat it was in prior to the study unless
Seller expressly permits otherwise.
b. Buyer may revoke this Agreement for any reason until 5:00 p.m, on the Contingency
Removal Date. After that time, Buyer will be deemed to accept the Property on an "as is
- where is" basis in every respect, without recourse, liability, or indemnification of any
type from the Seller. In no event will a claim be allowed for price reduction or for
rescission of the sale based upon the failure of tine Property to correspond with the
standard expected. 'rho Seller makes no warranty or representation, express or implied,
as to the Property's location, condition, size, description, compliance with laws, or its
zoning or fitness for any purpose. Plans, title information, or other documents made
available by the Seller are for information purposes only, and no express or implied
warranty is made as to their accuracy.
c. All reports, studies, and analyses, including environmental audits, ("Reports") obtained
or prepared by Buyer relating to the Property shall be conspicuously labeled as a draft,
and copies shall promptly be delivered to Seller. Prior to Closing, Buyer shall not
disclose any Report to any party except pursuant to applicable statutory or regulatory
requirements or the written consent of Seller, provided that Buyer may furnish a copy of
the Reports, subject to this nondisclosure agreement, to Buyer's potential mortgagees or
investors, or to any consultants who prepare or review a Report. If the sale under this
Agreement does not close for any reason, Buyer shall promptly deliver all copies of the
Reports to Seller, which shall become the exclusive property of Seller.
d. Seller will provide notice to Buyer of any asbestos -containing building materials,
underground storage tanks, or disposals or releases of hazardous or toxic contaminants or
petroleum products, on or from the Property, which arc known to Seller. All information
and documents provided by Seller, which are without warranty of any kind whatsoever,
are subject to the nondisclosure requirements of 14.c, and all copies shall promptly be
returned to Seller if the transaction under this Agreement fails to close for any reason.
5. Notices. Any notice required herein will be effective if given in writing and delivered
personally, or sent by certified, registered, or USPS Express Mail, to the receiving party at the
mailing addresses contained herein. Notice by the Seller of acceptance or rejection of the
Agivernent will be given within thirty (30) calendar days from the Agreement's date of receipt.
Processing of the Buyer's deposit will not, in itself, constitute acceptance. Failure by the Seller
to respond will constitute rejection. Buyer authorizes the Seller to obtain its credit history from a
consumer or other credit-reporting agency, and understands that the information may be
considered in the evaluation of this Agreement.
6. General Provisions. The Agreement of Purchase and Sale includes all terms and conditions of
the transaction, and supersedes all oral negotiations and prior writings. The Agreement may only
be modified by a written document signed by both parties. Any assignment by Buyer of an
interest under the Agreement without the consent of the Seller will be void. Rights, interests,
and obligations of the parties are binding on their successors and assigns.
7. Title. The Property will be conveyed by Special/Limited Warranty Deed, or such lesser Deed as
the Seller may hold. 'Title will be subject to all existing easements, covenants, encumbrances,
and interests of others, including, but not limited to, rights of way for streets, roads, highways,
Rcv. 05/04
,I .�
railroads, pipelines and public utilities, whether or not matters of public record, that are not
objected to by Buyer by the Contingency Removal Date. The instrument of conveyance shall
specify the Grantee and how title is to be held (joint tenants, tenants in common, etc.) as:
8. Intentionally Deleted
9. Other Provisions.
a. If the Property, in whole or in part, contains wetlands or is located in a 100-year
floodplain, the instrument of conveyance must reference same and state that the Property
may be restricted in use pursuant to federal, state, or local wetland and/or floodplain
regulations.
10. Risk of Loss before Closing. Except as caused by acts or omissions of Buyer, its employees,
agents, or contractors, the Seller will remain liable until closing for damage or destruction to the
Property caused by fire or other casualty, but will have no obligation to repair the building(s) or
any part damaged or destroyed. If the Seller does not repair the Property to its prior condition,
Buyer's sole remedy will be a mutually agreed upon adjustment of the purchase price. If an
adjustment cannot be agreed upon, either party may terminate this Agreement without liability.
II.Closing. The parties name Security Title as Escrow Holder or Closing Agent ("Escrow Agent").
Closing will occur on a mutually agreeable Closing Date, not later than one hundred sixty (160)
calendar days after acceptance of this Agreement, or such longer period as may be agreed upon
by the parties in writing. At Closing, the Escrow Agent will tender to the Seller the balance of
the purchase price by Escrow Agent's certified or cashier's check, and, at Buyer's option, provide
the deed to Buyer or record the deed in accordance with local law. If the deed is provided to
Buyer, Buyer must ensure that it is properly recorded, and provide the Seller with a copy of the
recorded deed, within three (3) calendar days of the Closing Date. Buyer at Closing will assume
possession of the Property. As of the Closing Date, Buyer will assume all obligations and
liabilities of ownership, including, but not limited to, responsibility for maintenance, utility
procurement and payments, taxes and assessments, and for personal injury, property damage, or
loss or damage of any type relating to the Property.
12. Costs.
Rev. 0344
a. Regardless of local convention, and except for one-half of the Escrow Agent's fee,
Buyer agrees that the Seller will not be obligated to pay for any costs incurred
relating to this transaction, including, but .not limited to, title evidence/insurance
and costs► property surveys, Insurance of any kind, taxes, recording fees, or
environmental assessments, which costs will not be credited towards the purchase
price.
b. Buyer and Seller identify NAI Realteo as the Listing Broker and ZTI Group, Inc. as the
Selling (Cooperating) Broker. At closing, Closing Agent shall pay Listing Broker a sum
In accordance with NAI contract. 11
3
c. b€-seiten{��6j"percerrt-at SeNittg-Broke n.(3J%)-a%9Y1
cammissioj ( wthe-sale: If escrow does not close, no commission shall be paid.. jry
13. Indemnlfwcation. Buyer will indemnify the Seller for all costs, loss, damage, liability, or claims
of whatever nature (including costs for defending against such claims or in enforcing this
indemnity) arising out of any acts or omissions by Buyer, its employees, agents, or contractors
relating to this Property or transaction.
14. Governing Law. This Agreement shall be governed and interpreted in accordance with federal
law.
15. Default. This provision does not limit any obligations or indemnities of the parties contained
elsewhere in this Agreement
In the event the sale of the Property does not close as provided herein because of a
default of Buyer, including the Buyer delaying closing for any reason, unless the delay is
agreed to in writing in advance by the Postal Service, Seller may terminate all rights of
Buyer to purchase the Property, and Agent shall forward the Deposit to Seller, and Seller
shall receive and retain the Deposit as liquidated and agreed upon damages as Seller's
sole remedy for such default. Buyer and Seller understand the impracticality and
difficulty of fixing Seller's actual damages in the event of such default, and that the
parties therefore agree that the Deposit represents a reasonable estimate of the actual
damages which Seller would incur.
b. In the event of default by Seller, Agent shall return the Deposit to Buyer, Under no
circumstances shall Buyer be entitled to actual, special, or consequential damages,
including, but not limited to, anticipated profits.
Rev. 03ro4
4 V-1
W
IN WITNESS HEREOF, this seal is set this 29`h day of September, 2005.
(Corporate seal)
BUYER'S NAME: Larry D. Moomey, Judith J. Moomey, Justin D. Moomey and Erin N.
Moomey, and/or Assigns
By: Erin N. Moomey U JustiypD. Moomey
Title: Partner Partner
Address: 4495 Ridgway Drive, Loveland, CO 80538
Phone: 970-612-0363
Fax: 970-612-0363 _
ACCEPTANCE BY THE UNITED STATES POSTAL SERVICE
t Date:
By: Ra&W"W Alder,
Title: acting Officer
03VIM MWIMIJAMMA41)
Phone: 303 220 6547
Fax: 651 406 5814
Rev. 05/04
5
16 31_Or
UNITED STATES
MW POSTAL SERME
Date: November 27, 2013
Address: Dan Bernth - -
RE: Easement Request
Dear Mr. Bernth:
This office is in receipt of an email dated November 18t', 2013 regarding a request of an Easement at the Postal
Service property, located at 301 Boardwalk Drive in Fort Collins,CO 80525. Any requests to purchase Postal
Service property will be handled separately.
Please be advised that U. S. Postal Service's real property, and all components associated with it, is essential to
our daily operations. As such, we are naturally inclined to reject requests that will encumber or diminish the
value of our assets. The U. S. Postal Service evaluation process to consider external requests to purchase
easements ' ht-of-ways upon Postal Service property is a lengthy one, and consumes many man hours.
However, ' the ou believe this request is of significant value to the U. S. Postal Service, its customers,
immediate bors or community, the following preliminary documents must be provided In order to consider
your request:
%� —'�� �t� U A. Copy of U. S. Postal Service property recorded legal description with a title search. Hid �
Narrative outlining the portion of U. S. Postal Service property you are requesting with a stamped legal
5co description for each easementfright-of-way on a separate 8 % x 11 page in case of multiple easements.
Survey/Site Plan depicting U. S. Postal Service property and easement(s) with coordinates matching the
legal description, square footage of the easement area(s), color code and labeled parcel numbers
reflect taking.
DD Provide current appraisal for the Taking/Easement area. Nkr�(-- I/
Provide an aerial photo on an 8 % x 11 or 11 % x 17 showing the U. S. Postal Service property and the
�5� location of the parcel(s) involved in the easement(s) idenitified. The location and size of the parcel must
be scaled to the aerial photo.
/ F. Provide copies of the engineering drawings for the purposed constriction on the U. S. Postal Sevice
property, a narrative of plan for providing U.S. Postal Service continuous access to the property during
Iv) the construction process and protection to U.S. Postal Service staff and the general public; and, a
narrative or plan for restoration or cure of the property upon completion. Also, a start date and project
duration should be included with the engineering documents and narrative. This exhibit is usuall,
prepared by an engineer.
50� A copy in Microsoft WORD of the draft documents associated with the Permanent Easement or
Temporary Construction Easement associated with construction to be conducted on the property. oyN ,
These documents with any points of contact for additional questions or project concerns should be sent to me
electronically in 5 MB files or smaller. if a document listed above does not apply to your request, please indicate
why you believe this is so or provide the substituted documentation. The U. S Postal Service takes no
responsibility for any cost incurred by the requester. Submission of documents to the U. S. Postal Service for
review, and any cost incurred by the requestor, does not guarantee granting of your request. U. S. Postal
Service reserves the right to charge the Requestor a fee for providing review of the documents and granting of
the easement or right-of-way in addition to any negotiated valuation of the property.
Sincerely, �-2 5/) / _ 1$�� A O
James M. Ruffing
Real Estate and Assets
USPS FACILITIES HEADQUARTERS
475 UENFANT PLAZA SW; ROOM 6670
WASHINGTON, DC 20260-1862
(202) 268-5921
FAx'(202)268-6305
/ �J
EXHIBIT "D"
ACCESS EASEMENT
LEGAL DESCRIPTION
ACCESS XASEMENT
A PORTION OF THE NORTHWEST ONE- QUARTER OF SECTION 36, TOWNSHIP 07
NORTH, RANGE 69 WEST OF THE 66 PM, CITY OF FORT COLLINS, COUNTY OF
LARIMER, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS
FOLLOWS.
BASIS OF BEARING: THE WEST LINE OF SAID NORTHWEST ONE -QUARTER, IS
ASSUMED TO BEAR N00°2936"W, WITH A DISTANCE OF 2,4644.34 FEET BETWEEN
SAID MONUMENTS.
COMMENCING AT THE WEST ONE -QUARTER CORNER OF SAID SECTION 36;
THENCE N00°29 36"W, ON SAID WEST LINE, A DISTANCE OF 146.25 FEET;
THENCE NW30'24"E A DISTANCE OF 774.69 FEET, TO A POINT ON THE EASTERLY
RIGHT OF WAY OF JFK PARKWAY AND THE POINT OF BEGINNING;
THENCE N89'11'32"E A DISTANCE OF 21.39 FEET, TO A POINT OF NON -TANGENT
CURVATURE;
THENCE ALONG THE ARC OF A CURVE TO THE LEFT WHOSE RADIUS POINT BEARS
N01042'34"E, HAVING A RADIUS OF 23.07 FEET, A CENTRAL ANGLE OF 73°34`22"
AND AN ARC LENGTH OF 29.62 FEET, TO A POINT OF NON -TANGENCY;
THENCE N13*t714"E, A DISTANCE OF 19A4 FEET TO A POINT OF NON -TANGENT
CURVATURE;
THENCE ALONG THE ARC OF A CURVE TO THE RIGHT WHOSE RADIUS POINT
BEARS S76'21'18"E, HAVING A RADIUS OF 57.06 FEET, A CENTRAL ANGLE OF
26"00'37" AND AN ARC LENGTH OF 25.91 FEET, TO A POINT OF NON -TANGENCY;
THENCE S17020'50"E A DISTANCE OF 27.21 FEET, TO A POINT OF NON TANGENT
CURVATURE;
THENCE ALONG THE ARC OF A CURVE TO THE LEFT WHOSE RADIUS POINT BEARS
S6662'r46"E, HAVING A RADIUS OF 46.42 FEET, A CENTRAL ANGLE OF 23*32,14" AND
AN ARC LENGTH OF 19.07 FEET, TO A POINT OF NON -TANGENCY;
THENCE S020I T14"E, A DISTANCE OF 2.92 FEET, TO A POINT OF TANGENT
CURVATURE;
THENCE ALONG THE ARC OF A GUkVE TO THE LEA F HA'V1NG A ccN'€`RAL AN(zli
OF 105610'59", A RADIUS OF 4.00 FEET, AN ARC LENGTH OF 7.34 FEET, AND A
CHORD BEARING OF S54*52'44"E TO A POINT OF TANGENT;
THENCE N72"31'47"E, A DISTANCE OF 6.10 FEET;
THENCE S 17W5Q"F, A DISTANCE OF 24.72 FEET;
THENCE S7944976"W A DISTANCE OF 90.17 FEET TO A POINT Of NON -TANGENT
CURVATURE AND THE EASTERLY RIGHT OF WAY OF JFK PARKWAY;
THENCE CONTINUING ON SAID EASTERLY RIGHT OF WAY OF JFK PARKWAY
ALONG THE ARC OF A CURVE TO THE RIGHT WHOSE RADIUS POINT BEARS
N7r3417"E, HAVING A RADIUS OF 560.00 FEET, A CENTRAL ANGLE OF 0302338"
AND AN ARC LENGTH OF 33.17 FEET TO THE POINT OF BEGJNNING.
CONTAINING A CALCULATED AREA OF 0.073 ACRES,
1, MICHAEL S. BRAKE, A COLORADO LICENSED PROFESSIONAL, ENGINEER AND
LAND SURVEYOR, DO HEREBY STATE THAT TH£ ABOVE LEGAL DESCRIPTION
WAS PREPARED UNDER MY RESPI
KNOWLEDGE, INFORMATION, AND
THE BASIS OF MY
MICHAEL S. BRAKE, PROFESSIONAL ENGINE D LAND SURVEYOR
COLORADO PE-PLS NO, 28262
FOR AND ON THE BEHALF OF JR ENGINEERING LLC.
TIIIS LEGAL DESCRIPTION DOES NOT CONSTITUTE A TITLE SEARCH BY JR ENGINEERING TO
DETERMINE OWNERSHIP OF THIS TRACT OR VERIFY EASEMENTS OF RECORD. JR ENGINEERING AND
THE SURVEYOR OF RECORD ASSUMES NO RESPONSIBILITY FOR O%'NERSHIP RIGHTS OR EXISTING
EASEMENT RIGHTS AND RECOMMENDS CONSULTATION W1711 AN ATTORNEY.
NORTHWEST CORNER
SEC. 36— T7N—R69W
FOUND 2-1/2- ALUM. CAP
STAMPED "LS 14823 1994"
I
LOT 7
I
1
6=26'00'57"
! ' R=57.06'
L- 25.91'--ti
� CN= 25.69'
�� at C8 N26'39' 10"E
1 6-73.34'22"
i R= 23.07'
l L=29.62'
i CH=27.63'
CB N54 55'23"E
1
8 GINNING
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774.69'
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! WEST QUARTER CORNER
SEC. 36— T 7N —R69W
FOUND 3'° BRASS CAP
SET IN CONC. STAMPEO "CITY
OF FORT COLLINS LS 17497"
POINT OF COMMNCI=1,i11 NT
{ 20' EMERGENCY
ACCE�S EASEMENT
1
-- 8"UTILITY EASEMENT
REC. NO. 86012669
i
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VIP,s
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6= 23*32' 14'
N R=46.42'
Ls 19.07'
i CH=18.94'
CS S11'46'07"W
S02'17' 14"E
! 21 92'
N72'31'47"E
t, l �6.10'
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PART OF 07S V & 15,
085-'RV'A.TOAt HEIGHTS
EXHIBIT
ACCESS EASEMENT
JOB N0.3969200
OEGEIMBER 17, 2013
SHEET 1 0E 1
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LEGAL DESCRIPTION
ACCESS EASEMENT
A PORTION OF THE NORTHWEST ONE -QUARTER OF SECTION 36, TOWNSHIP 07
NORTH, RANGE 69 WEST OF THE 6th PM, CITY OF FORT COLLINS, COUNTY OF
LARIMER, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BASIS OF BEARING: THE WEST LINE OF SAID NORTHWEST ONE -QUARTER, IS
ASSUMED TO BEAR N0002936"W, WITH A DISTANCE OF 2,644.34 FEET BETWEEN
SAID MONUMENTS.
COMMENCING AT THE WEST ONE -QUARTER CORNER OF SAID SECTION 36;
THENCE N00°29'36"W, ON SAID WEST LINE, A DISTANCE OF 146.25 FEET;
THENCE N89030'24"E A DISTANCE OF 774.69 FEET, TO A POINT ON THE EASTERLY
RIGHT OF WAY OF JFK PARKWAY AND THE POINT OF BEGINNING;
THENCE N89011'32"E A DISTANCE OF 21.39 FEET, TO A POINT OF NON -TANGENT
CURVATURE;
THENCE ALONG THE ARC OF A CURVE TO THE LEFT WHOSE RADIUS POINT BEARS
NO1°42'34"E, HAVING A RADIUS OF 23.07 FEET, A CENTRAL ANGLE OF 73034,22"
AND AN ARC LENGTH OF 29.62 FEET, TO A POINT OF NON -TANGENCY;
THENCE N 13 ° 17' 14"E, A DISTANCE OF 19.44 FEET TO A POINT OF NON -TANGENT
CURVATURE;
THENCE ALONG THE ARC OF A CURVE TO THE RIGHT WHOSE RADIUS POINT
BEARS S76°21'18"E, HAVING A RADIUS OF 57.06 FEET, A CENTRAL ANGLE OF
26000'57" AND AN ARC LENGTH OF 25.91 FEET, TO A POINT OF NON -TANGENCY;
THENCE S17020'50"E A DISTANCE OF 27.21 FEET, TO A POINT OF NON -TANGENT
CURVATURE;
THENCE ALONG THE ARC OF A CURVE TO THE LEFT WHOSE RADIUS POINT BEARS
S66027'46"E, HAVING A RADIUS OF 46.42 FEET, A CENTRAL ANGLE OF 23°32'14" AND
AN ARC LENGTH OF 19.07 FEET, TO A POINT OF NON -TANGENCY;
THENCE S02017'14"E, A DISTANCE OF 2.92 FEET, TO A POINT OF TANGENT
CURVATURE;
THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE
OF 105010'59", A RADIUS OF 4.00 FEET, AN ARC LENGTH OF 7.34 FEET, AND A
CHORD BEARING OF S54052'44"E TO A POINT OF TANGENT;
THENCE N72031'47"E, A DISTANCE OF 6.10 FEET;
THENCE S 17020'50"E, A DISTANCE OF 28.72 FEET;
THENCE S7904926"W A DISTANCE OF 80.17 FEET TO A POINT OF NON -TANGENT
CURVATURE AND THE EASTERLY RIGHT OF WAY OF JFK PARKWAY;
THENCE CONTINUING ON SAID EASTERLY RIGHT OF WAY OF JFK PARKWAY
ALONG THE ARC OF A CURVE TO THE RIGHT WHOSE RADIUS POINT BEARS
N79034'37"E, HAVING A RADIUS OF 560.00 FEET, A CENTRAL ANGLE OF 03°23'38"
AND AN ARC LENGTH OF 3 3.17 FEET TO THE POINT OF BEGINNING.
CONTAINING A CALCULATED AREA OF 0.073 ACRES.
I, MICHAEL S. BRAKE, A COLORADO LICENSED PROFESSIONAL ENGINEER AND
LAND SURVEYOR, DO HEREBY STATE THAT THE ABOVE LEGAL DESCRIPTION
WAS PREPARED UNDER MY RESPONSIBLE C- O THE BASIS OF MY
KNOWLEDGE, INFORMATION, AND BELLS` .
1a' (7-00
MICHAEL S. BRAKE, PROFESSIONAL ENGINEWWRV PE-PLS NO.28262
FOR AND ON THE BEHALF OF JR ENGINEERING LLC.
SURVEYOR
THIS LEGAL DESCRIPTION DOES NOT CONSTITUTE A TITLE SEARCH BY JR ENGINEERING TO
DETERMINE OWNERSHIP OF THIS TRACT OR VERIFY EASEMENTS OF RECORD. JR ENGINEERING AND
THE SURVEYOR OF RECORD ASSUMES NO RESPONSIBILITY FOR OWNERSHIP RIGHTS OR EXISTING
EASEMENT RIGHTS AND RECOMMENDS CONSULTATION WITH AN ATTORNEY.
NORTHWEST CORNER
SEC. 36-T7N-R69W
FOUND 2-1 /2" ALUM. CAP
STAMPED "LS 14823
1994"
LOT I
HOME JNSTEAD PL:kLA
I
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A= 26'00'57"
R=57.06'
i
I L=25.91'---
CH=25.69'
JFK
6E3 N26'39'10"E
PARKWAY
1
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I A=73'34'22"
R=23.07'
Ii L=29.62'
I
CH=27.63'
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POINT OF
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WEST QUARTER CORNER
SEC. 36—T7N—R69W
FOUND 3" BRASS CAP
SET IN CONC. STAMPED "CITY
OF FORT COLLINS LS 17497"
POINT OF COMMENCEMENT
A=23*32'14"
R= 46.42'
/-L=19. 07'
CH=18.94'
CB S11'46'07"W
S02'17'14"E
^2.92'
N72'31'47"E
a6.10'
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UNJTFD STATES POSIAL SERVJCE
PART OF LOTS 97 & 19,
ORSERVATORY HEJGHTS
EXHIBIT A
ACCESS EASEMENT
JOB NO.3969200
DECEMBER 17, 2013
SHEET 1 OF 1
J R ENGINEERING
A Wesvion Company
FO'1: CArRS 97Q-491-M • m
EXHIBIT "A"
Out Order No. FClb25120292
TO
ACCESS EASEMENT
LEGAL DESCRIPTION
LTG Policy No. PIB25120292 j
PART OF LOTS 17 AND 19, OBSERVATROY HEIGHTS AND A PART OF THE PARCEL OF LAND
DESCRIBED IN DEED RECORDED AUGUST 10, 1907IN BOOK 1369 AT PAGE 156, IN THE
LARIMER COUNTY CLERK AND RECORDER'S OFFICE, LYING SOUTH OF BOARDWALK DRIVE AND
EAST OF)-F.K. PARKWAY SITUATE IN THE W 1/2 OF THE NW 1/4 AND IN THE W 1/2 OF
TIIE SW I/4 OF SECTION 36, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 8TH P.M,. CITY
OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO, BONO MORE PARTICULARLY
DESCRIBED AS F0134WS:
CONSIDERING THE WEST LINE OF NW 1/4 OF SAID SECTION 38 AS BEARING N 00' 29'
36" W AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO IS CONTAINED
WITHIN THE BOUNDARY LINES WHICH BErGIN AT THE NI; CORNER OF THE W 1/2 OF THE SAID
SW 1/4, WHICH BEARS N 90' 57' 01" E 1323.07 FEET FROM THE W 114 CORNER OF SAID
SECTION 36 AND RUNS THENCE ALONG THE EAST LINE OF THE W 12 OF THE SAID SW 19.
S 00' 03' 43' E. 547.50 FEET, TO THE SOUTH LINE OF THE PARCEL OF LAND
DESCRIBED IN SAID BOOK 1309 AT PAGE 155: THENCE ALONG SAID SOUTH LINE. N 85'
171430 W. 350.63 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF JFK
PARKWAY: THENCE ALONG SAID EASTERLY LINE OF JFK PARKWAY THE FOLLOWING 4
COURS13S AND DISTANCES; N 17' 2,5' 51' W, 599.07 FEET; AND AGAIN ALONG THE ARC
OR A 540.00 FOOT RADIUS CURVE TO THE RIGHT A DISTANCE OF 277.71 FEET, THE LONG
CHORD OF WHICH BEARS N 03' 13' 27' W. 274.87 FEET; AND AGAIN N 10' 38' S7" E.
If 9.04 FEET; AND AGAIN ALONG THE ARC OF A IS.00 FOOT RADIUS CURVE TO THE RIGHT
A DISTANCE OF 21.09 MT, THU LONG CHORD OF WHICH BEARS N 62' 42' Z2" E, 23.55
FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF BOARDWALK DRIVE,: THENCE
ALONG SAID SOUTHERLY RIGHT OF WAY LINE. S 65' 34' 12" E. 648.07 FEET TO A POINT
ON THE EAST LINE OF THE W 1/2 OF THE SAID NW 114; THENCE ALONG SAID EAST LINE.
S DO. 17' 32" E. 228. Z5 MW TO THE POINT OF BEGINNING.
EXCEPT THAT PARCEL DESCRIBED 1N DEED RECORDED JULY 27. 2006 AT RECEPTION NO.
20060056547
0
`
SHARED ACCESS EASEMENT
THIS ACCESS EASEMENT (the "Easement") dated this _ day of 20_0s
entered into by and between the United States Postal Service ("Grantor"), an independent
establishment of the Executive Branch of the Government of the United States (39 U.S.C. § 201),
whose address is 475 L'Enfant Plaza SW, Room 6670, Washington, DC 20260-1862 (the
"USPS"), and Moomey Enterprises, LLC, a Colorado limited liability company, whose address
is 4495 Ridgeway Drive, Loveland, CO 80538-6297 ("Grantee").
RECITALS
WHEREAS, Grantor is the owner in fee of property situated and referred to as the Fort
Collins Post Office, 301 Boardwalk Drive, City of Fort Collins, State of Colorado, and legally
described in Exhibit "A" attached hereto and made a part hereof by this reference (the "USPS
Facility");
WHEREAS, Larry D. Moomey, Judith J. Moomey, Justin D. Moomey, and Erin N.
Moomey (collectively the "Moomeys") and/or Assigns, entered into a United States Postal Service
Agreement of Purchase and Sale dated October 31, 2005 (the "Purchase Agreement") whereby
Grantee, as the Assignee of the Moomeys, purchased from the USPS excess land at the USPS
Facility, legally described in Exhibit "B" attached hereto and made a part hereof by this reference
(the "Excess Land"). A copy of the Purchase Agreement is attached hereto as Exhibit "C" and
incorporated herein by this reference. Exhibit "A" to the Purchase Agreement shows the map of
the access Grantee was to obtain onto the USPS Facility to and from the Excess Land; and
WHEREAS, in consideration of the sum of Fourteen Thousand, Fifty and No/100ths U.S.
Dollar (U.S. $14,050.00), the mutual promises and agreements contained herein, and other good
and valuable consideration, the receipt and sufficiency which are hereby acknowledged, the
USPS and Grantee agree as follows.
AGREEMENTS
Recitals. The foregoing recitals are incorporated herein by this reference.
2. Grant of Easement. Grantor hereby grants and conveys to Grantee, its successors
and assigns, a perpetual, non-exclusive easement in, over, upon, under, and across a portion of the
USPS Facility for the purpose of ingress to and egress from the Excess Land. The portion of the
USPS Facility that is the subject of the Easement is legally described and depicted on Exhibit "D"
attached hereto and incorporated herein by this reference (the "Easement Area").
3. Maintenance and Repair. The Parties agree that Grantee shall be responsible for
maintenance and repair of the Easement Area and any and all costs related thereto. Such
maintenance and repairs shall include, but are not limited to, repair, snow removal of the street,
landscaping, grading, paving, and removal of all trash and debris notwithstanding the fact that the
need for maintenance or repair is caused by the Grantor's exercise of its rights under this
Easement. In the event Grantee fails in its responsibility to maintain and repair the Easement