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Home My WebLink AboutMason Street Infrastructure - Filed ED-EASEMENT DEDICATION - RECEPTION#20250014621, 4/9/2025 9:13:23 AM,1 of 10,S58.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO TEMPORARY CONSTRUCTION EASEMENT (City Property) Grantor: City of Fort Collins, Colorado, a municipal corporation Grantor Signing Authority and Title: Jeni Arndt, Mayor Grantor Mailing Address: P.O. Box 580, Fort Collins, Colorado 80522 Grantor Phone Number/Email: 970-221-6211 /realestateservices@fcgov.com Grantee: N COLLEGE 1311, LLC, a Colorado limited liability company Grantee Signing Authority and Title: Cheryl A. Zimlich, President and Chief Executive Officer, Bohemian Foundation, a Colorado nonprofit corporation, sole member of N College 1311, a Colorado limited liability company. Grantee Mailing Address: 262 East Mountain Avenue, Fort Collins, CO 80524 Project: Excavation of the FDP Hickory Pond stonnwater detention facility and related infrastructure and equipment as provided in the Development Agreement (defined below). Effective Date: Date of mutual execution by all parties. Expiration Date: This Determinable Estate TCE shall expire when the City determines that final stabilization has been achieved and the Utilities Project Manager issues a Substantial Completion Memorandum pursuant to the Development Agreement (defined below), or six years from the Effective Date, whichever occurs first. Conditions of expiration are further defined in Paragraph 7 below. Consideration: $10 and other good and valuable consideration. Exhibit A-TCE Area LegalDescription: 2 page(s) Exhibit B-TCE Area Depiction: 1 page(s) This TEMPORARY CONSTRUCTION EASEMENT (the "Easement") is made and entered into by and between Grantor and Grantee on the dates written below, and the above referenced Exhibits A through C are attached to and made a part of this Easement. 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 (the "City Property"). 2. Grant of Easement. For and in consideration of the covenants and agreements herein set forth, the sum of the Consideration, and other good and valuable consideration, the receipt and adequacy of which Grantor acknowledges, Grantor grants, sells, and conveys to Grantee, its successors and assigns,a temporary construction easement(the"TCE")on, over,under,and across the City Property as generally depicted on Exhibit B,but not including any areas of City right-of- way for which occupancy and use are governed by a Development Construction Permit or other City permit for work in the right-of-way (the "TCE Area"), subject to the conditions and restrictions set forth below. RECEPTION#20250014621, 4/9/2025 9:13:23 AM,2 of 10,S58.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO 3. Purpose and Use of TCE. A. During the term of this Easement, Grantee may use the TCE Area for the following temporary activities related to the Project (defied above): • Construction activities provided for in the Mason Street Infrastructure PDP/FDP Agreement between the City of Fort Collins and N COLLEGE 1>11, LLC,a Colorado limited liability company, recorded on at Reception No. (the "Development Agreement"), which is incorporated herein by reference; • Marking the location of the TCE Area by suitable markers set in the ground; • Storage and staging of materials and equipment; • Fencing and gates for security and safety purposes; • Ingress and egress to the construction site; • The right to use existing gates in all fences that now cross or shall hereafter cross the TCE Area; and • Construction and Restoration activities in accordance with the Development Agreement. B. Grantee's use of the Easement is subject to the following: • Grantee must allow for Grantor's reasonable access to the City Property; • All activities by Grantee on the TCE Area must be carried out in a manner and on a schedule reasonably expected to minimize disturbance to the natural features of the property and Grantor's intended purposes and uses therefor; • As required by the Development Agreement, Grantee shall protect trees located on the City Property from any damage by Grantee's construction activities; • Grantee shall restore the TCE Area in accordance with the Development Agreement; • Grantee shall coordinate construction activities in the TCE Area with Grantor as provided in the Development Agreement; • All activities by Grantee within the TCE, Area.must be carried out in a secure, safe, and sanitary manner and to prevent injury or damage to persons or property, as provided in the Development Agreement; • Grantee shall promptly provide Grantor notice of any material accident,emergency, or other dangerous or hazardous occurrence, within the TCE Area, and Grantee must make reasonable efforts to correct or mitigate any such occurrence as soon as practicably possible. 4. Grantor's Rights in the TCE Area. Grantor reserves the right to use the TCE Area for any purposes that will not interfere with Grantee's full enjoyment of the rights granted herein, including but not limited to the following: • To operate or allow others to operate utility improvements within the TCE Area; • To grant to third parties the right to use the TCE Area; 2 RECEPTION#20250014621, 4/9/2025 9:13:23 AM,3 of 10,S58.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO • To plant and maintain trees, shrubs, or other landscaping, and • To install and/or utilize otherimprovements. 5. Maintenance of the TCE Area. Grantee will maintain the surface of the TCE Area per the requirements of the Development Agreement, specifically limited to any conditions directly caused by Grantee's use and occupancy of the TCE Area or conditions reasonably within Grantee's control. Grantee will not deposit, or permit, or allow to be deposited any hazardous or combustible substance or material within the TCE Area. 6. Restoration, maintenance, and repair guarantees for the TCE Area shall be as provided in the Development Agreement. 7. Term. The term of this Easement is from the Effective Date to the Expiration Date as defined above. No extension of this Easement shall be effective unless an amendment hereto is executed by both parties and recorded in the Clerk and Recorder's Records, Larimer County, Colorado. If Easement termination is made via issuance of a Substantial Completion Memorandum the City shall record a Notice of Substantial Completion in the Clerk and Recorder's Records, Larimer County, Colorado. if the termination occurs due to reaching the Expiration date, no release or notice of termination shall be required to be recorded to evidence the automatic termination of this Determinable Estate TCE. 9. Authority. Each person executing this Easement represents and warrants that such person is duly authorized to execute this Easement in that person's individual or representative capacity as indicated. 10. Representations of Grantor. Except as otherwise provided herein, Grantor makes no representations or warranties as to the lawful ownership of the City Property. 11. Indemnity and Insurance. A. Grantee agrees to release and indemnify, and to require any of its contractors doing work within the TCE Area to release and indemnify, the City, its officers, agents, employees, representatives, successors, and assigns from and against all claims and liability, including but not limited to the City's reasonable legal fees and costs, including attorneys' fees, for claims :for personal injury, death, or property damage resulting from or arising out of the Grantee's use of the TCE Area or other activities on the Grantor's property, and for any actions or omissions by Grantee in violation of this Easement. B. Grantee shall, and shall require that any of its contractors doing work within the TCE Area, procure, pay for, and keep in full force and effect during the term of the Easement a comprehensive policy of general liability insurance insuring Grantee iri an amount not less than one million dollars($1,000,000.00)covering bodily injury,including death to persons, personal injury, and property damage liability arising out of a single occurrence. Such coverage must include, without limitation, the insured's liability for property damage, J RECEPTION#20250014621, 4/9/2025 9:13:23 AM,4 of 10,$58.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO bodily injuries, and death of persons in connection with Grantee's, and its officers, employees, contractors' or agents', activities in the ICE Area or on Grantor's adjoining property (including acts or omissions of Grantee or of its officers, employees, contractors or agents), and protection against liability for non-owned and hired automobiles used by Grantee or its officers, employees, or agents. All policies of insurance required hereunder must name Grantor as an additional insured and shall contain a provision that the policy or policies cannot be canceled or materially altered either by the insured or the insurance company until fifteen(15) days' prior written notice thereof is given to Grantor. On or before the Effective Date of this Easement Grantee shall furnish, and if requested upon issuance or renewal of any such insurance policy, Grantee shall also promptly furnish a certificate of insurance to Grantor. In the event Grantee fails or neglects to maintain, or require its contractors to procure and maintain, as applicable, the insurance required by this paragraph, then Grantor shall have the right, upon giving the Grantee reasonable notice of its election to do so, to take out and maintain such insurance at the expense of the Grantee, and in such event the cost of such insurance shall be paid for by the Grantee promptly upon receipt of an invoice covering such charges. 12. Notice. Any notice or other communication relating to this Easement must be in writing and shall be deemed given upon actual receipt at the physical or electronic mailing addresses set forth above, which may be amended by providing written notice to the other party. 13. Default, Remedies and. Litigation Expenses. If a party to this Easement is in default in performance of its respective obligations hereunder, the other party has the right to an action for specific performance and/or damages. Before proceeding with any such action, the party not in default must first send written notice to the defaulting party specifying the default and affording such party a reasonable period to cure the default. In the event a party defaults in any of its covenants or obligations and the party not in default commences and substantially prevails in any legal or equitable action against the defaulting party, the defaulting party expressly agrees to pay all reasonable expenses of the litigation, including a reasonable sum for attorneys' fees or similar costs of legal representation. 14. Assi gnrnent. The Grantee may not assign its rights under this Easement without the prior written consent of the Grantor. In the event Grantee assigns its interest, it shall be released from its obligations and liability under this Easement occurring after the date of such assignment and such obligations and liability shall be binding upon the party to whom Grantee's interest is assigned. 15. Additional Terms and Conditions. Whenever used herein, the singular number includes the plural,the plural the singular, and the use of any gender is applicable to all genders. All of the covenants herein contained arc binding upon and inure to the benefit of the parties hereto, their personal representatives, successors, and assigns. The parties agree that this Easement is to be construed and enforced according to the laws of Colorado, and venue for any proceeding relating to the subject matter of this Easement shall be in Larimer County, Colorado. If any term of this TCE is determined by any court to be unenforceable, the other terms of this Easement shall 4 RECEPTION#20250014621, 4/9/2025 9:13:23 AM,5 of 10,$58.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO nonetheless remain in full force and effect; provided, however, that if the severance of any such provision materially alters the rights or obligations of the parties, the parties shall engage in good faith negotiations in order to adopt mutually agreeable amendments to this Easement as may be necessary to restore the parties as closely as possible to the initially agreed upon relative rights and obligations. 16. Final Agreement. This Easement and the Development Agreement represent the entire understanding and agreement between the parties with respect to the subject matter hereof and supersede and replace all previous oral and written representations, understandings, and agreements between the parties pertaining to the subject matter of this Easement. 5 RECEPTION#20250014621, 4/9/2025 9:13:23 AM,6 of 10,S58.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO IN WITNESS WHEREOF,the parties have set their hands and seals on the date(s)written below, but this Easement shall be effective as of the Effective Date; and the Grantor has caused this Easement to be executed pursuant to Ordinance No. 037, 2024,passed on final reading by the City Council of the City of Fort Collins on March 19, 2024. GRANTOR: 1 9 M1 .w Date. L s yF J'eni Arndt, Mayor ATTEST: City Clerk, A60UTY (Name, Title) APP VAS TO FOR A s to 'ty A t (Name, "Title) C , 6 RECEPTION#20250014621, 4/9/2025 9:13:23 AM,7 of 10,S58.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO ACCEPTANCE BY GRANTEE: N COLLEGE 1311, LLC, a Colorado limited liability company By: Bohemian Foundation, a Colorado nonprofit corporation, its sole member Date: ? <.?. f _.. By:_ 1 % .a a. j Cheryl A. Z mlich, President and Chief Executive Officer STATE OF COLORADO ) ss COUNTY OF_L-o l� 2 ) The foregoing instrument was acknowledged before me this j day of � 2025, by Cheryl A. Zimlich, President and Chief Executive Officer of the Bohemian Foundation, a Colorado nonprofit corporation, sole member of N COLLEGE 1311, LLC, a Colorado limited liability corporation. Witness my hand and official seal. My Commission expires: d o f\e tA j wl � ® Notary Public REBECCA ELISABETH SCHOFIELD NOTAR`(PUBLIC..STATE OF COLORADC NOTARY ID 20204019529 MY COMMISSION EXPIRES JUN 4, 2028 RECEPTION#20250014621, 4/9/2025 9:13:23 AM,8 of 10,$58.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO Exhibit A ------------- NGRTHViN DESCRIPTION A tract of land located in the Northeast Quarter of Section 2,Township 7 North,Range 69 West of the 5th P.M., City of Fort Collins,County of Larimer,State of Colorado,described in Warranty Deed recorded under Reception No.20100044166 and Warranty Deed recorded under Reception No.20190023610 with the Larimer County Clerk and Recorder. Considering the east line of said Section 2,as monumented by a No.6 rebar with a 2.5 inch aluminum cap stamped PLS 17497 to the North,and a No.6 rebar with a 2.5 inch aluminum cap stamped PLS 31169 to the south,assumed to bear South 00'38'02"West,a distance of 2610.18 feet and with all bearings contained herein relative thereto: COMMENCING at the northeast corner of said Section 2; THENCE South 00`38'02"West,along the east line of said Section 2,a distance of 1905.06 feet; THENCE departing said east line of Section 2,North 89-27'17"West,a distance of 339.86 feet,to the southeast corner of an unplatted parcel,described in said Warranty Deed recorded under Reception No.20190023610; THENCE North 89°21'09"West,along the south line of said unplatted parcel,described in the Warranty Deed recorded under Reception No.20190023610,a distance of 217.48 feet,to the easterly line of said unplatted parcel and said point being the Point of Beginning,described in the Warranty Deed recorded under Reception No.20100044166; THENCE South 35`l3'56"East,along said easterly line ofthe unplatted parcel,desci ibed in the Warranty Deed recorded under Reception No.2 01 000441 66,a distance of 254.17 feet; THENCE South 00"40'03"West,along said easterly line of the unplatted parcel,described in the Warranty Deed recorded under Reception No.20100044166,a distance of 169.96 feet,to the south line of said unplatted parcel, described in the Warranty Deed recorded under Reception No.20100044166; THENCE North 89'l9'07"West,along said south line ofthe unplatted parcel,described in the Warranty Deed recorded under Reception No.20100044166,a distance of 914.07 feet,to the west line of said unplatted parcel, described in the Warranty Deed recorded under Reception No.20100044166; THENCE North 00'46'52"East,along said west line of the unplatted parcel,described in the Warranty Deed recorded under Reception No.20100044166,a distance of 375.37 feet,to the west line of said unplatted parcel, described in the Warranty Deed recorded under Reception No.20190023610; THENCE North 00'47'28"East,along said west line of the unplatted parcel,described in the Warranty Deed recorded under Reception No.20190023610,a distance of 262.80 feet,to the north line of said unplatted parcel, described in the Warranty Deed recorded under Reception No.20190023610; THENCE South 89'21'09"East,along said north line of the unplatted parcel,described in the Warranty Deed recorded under Reception No.20190023610,a distance of 400.34 feet; THENCE departing said north line of the unplatted parcel,described in Warranty Deed recorded under Reception No.201 9002 361 0,South 00'00'00"East,a distance of 307.18 feet THENCE South 37'l 7'46"East,a distance of 208.60 feet; THENCE South 69'01'58"East,a distance of 92.22 feet; THENCE South 87"S5'32"East,a distance of 71.28 feet; THENCE North 52°16'51"East,a distance of 86.91 feet; THENCE northwesterly 213.40 feet,along an arc of a non-tangent curve concave northeasterly,said curve having a radius of 545.50 feet,a delta of 22'24'53"and is subtended by a chord bearing North 26'28'47"West,a distance of 212.05 feet,to said north line of the unplatted parcel,described in the Warranty Deed recorded Linder Reception No.20100044166; THENCE South 89 21'09"East,along said north line of the unplatted parcel,described in the Warranty Deed recorded under Reception No.2 01 000441 66,a distance of 102.35 feet,to the POINT OF BEGINNING; Containing 8.644 acres(376,527 square feet)more or less.May be subject to easements,rights-of-way, covenants and restrictions of record. Exhibit attached hereto and made a part hereof. Fort Collins I Greeley 1(970)221-41 58 1 epsgroupinc.com 2 of 3 8 RECEPTION#20250014621, 4/9/2025 9:13:23 AM,9 of 10,$58.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO N,----------- Ft SURVEYOR'S CERTIFICATE 1,Robert C.Tessely,a Colorado Registered Professional Land Surveyor,do I iereby certify that this property description was prepared under my personal supervision and checking,that it is true and correct to the best of my knoviledge,information and belief and is in accordance with applicable standards of practice.This is not a guaranty or warranty,either expressed or implied,{4 CCR 730-11 Robert C.Tessely Colorado Professional Land Surveyor No,38470 For and on behalf of EPS Group,Inc. EPS GROUP,INC, 301 North Howes Street,Suite 100, Fort Collins,Colorado 80521 (970)221-4158 Date:03/31/25 Initials;TJH S:ASurvey JobsV1977-007 ADwg\Exhibits`,CIT1'AFTER PARCEC11971-001 CITY PARCEL AFTER.docx Fort Collins Greeley j(970)221-4158 I epsgroupinc.com 2 of 3 9 RECEPTION#20250014621, 4/9/2025 9:13:23 AM,10 of 10,S58.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO Exhibit B N00°46'52"E 375.37' —. — N00"47'28"E 262.80' —. 1 j WEST LINE OF AN UNPLATTED PARCEL SITUATE IN THE NORTH EAST QUARTER OF SECTION 07 T7N R690) D LWARRM,M'DEED- n RECEPTION NO.2019u023610) > � ---I N O z 7 0 �t'7'• co %, mO D m x x m c m ,` hr oA Z = O v v O m < a o = O o O z z 0 mi m m o Z + r _ c c Z n O m Tot < L7 O S m Z m .�-� _ L m FIE 10 > Z a n D { T r Z m < m z m i OZ co - S00'00'00"E 307.18' -n O O � L45 —i I— X = m-�ozrz me T7<ncz —i m m-mAC", nonno O � A 2zm mz m CC, 04'V o?�D�'='z zZz�izom r M Q O z-c--�Im zoop�ve Z C /�\* � o m"cmn D o zmzc zA O O m 1 mm M ti R m y C W � � O o �� z 0 m iv cUn IN, J, 2� 2--4 2 T _.._D N �[ �p2`Nz- Oq4 m O m �. .a' o� z � N 05 v 2s� ---- m'z — 00 m pa m o D m r z: v)-i vp3 / I m o m _2 i zn m r cC o_ osm w0 O z=ono "oXz, '=z -l ^I o z G,OuS Z:moo mv�n Z>o-IRo na CO'i C7 Z ��. 1 m y�0 `z ter, c r Tl / C'-G2CT, Zi�i C>cZ. ...I y'ZD p�ZC L` r?D Jim�L� y O wT....1 �.O D D m Aom -'amo a mX zI D c A— N ozmt m �mc D _ 169.96' =z Toz _ 0 omJrnDm S00°40'03"W j UMz e T m j � z / o m EAST 1/4 CORNER OF SECTION 2 C/) TOWNSHIP 7 NORTH RANGE 69 WEST POINT OF COMMENCEMENT FOUND#6 REBAR WITH 2.5"ALUMINUM CAP ti NE CORNER OF SECTION 2 STAMPED PLS 31169 1 TON.'NSHIP 7 NORTH RANGE 69 WEST BASIS OF BEARING FOUND#6 REBAR WITH 2.5"ALUMINUM CAP .� STAMPED PLS 17497 EAST LINE OF NE 1"' OF �� SECTION 2-T7N-R69W 1 00'3802"W 1905.06' S00°38'02"W 2610.18' T Sheet THG ENIT IS NOT A PROJECT: 3 MONUMUMENIEDLAfJD 1971001 ® E P S NE SURVEY.IT IS MEANT TO DATE: AID IN THE VISUALIZATION 03'31/25 NORTHERN OFTHEACCOMPANYING GROUP ENGINEERING WRITTEN DESCRIPTION. DRAWN BY Of 3 THE VVRITTEN BEV s;o.zzi 111s DESCRIPTION SU?ERCEDES REVIEF Sheets PORTCOLUNs1 GREE-1 11.1ESA I GOODVEAR ITUCSON I NORT PrloeruxI wOSTI W BY THE EXHIBIT DRAWING. TJH S:',Survey Jobs'1971-0010wn�Exhbits\CITY AFTER PARCEL`,1971-001 CITY AFTER PARCEI-Awg 10