HomeMy WebLinkAbout102 - 07/01/2025 - AUTHORIZING THE CONVEYANCE OF ONE DRAINAGE EASEMENT AND ONE TEMPORARY CONSTRUCTION EASEMENT ON GOLDEORDINANCE NO.102,2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF ONE DRAINAGE
EASEMENT AND ONE TEMPORARY CONSTRUCTION
EASEMENT ON GOLDEN MEADOWS PARK
A.About one quarter mile north of Harmony Road,located at 4324 McMurray
Avenue,lies the City’s Golden Meadows Park (the “Property”).
B.Two companies.4401 Innovation Drive L.L.C.and Kederike,LLC,own a
parcel of land to the south of the Property,more particularly described as 4401 Innovation
Commercial Condominiums (the “Southern Parcel”).The companies propose to install an
18-inch stormwater outfall pipe across the Property for the purpose of conveying
stormwater runoff first into a stormwater apparatus on the Property and then into a City
stormwater pond.The Property and the City stormwater pond are shown in Exhibit A,
which is attached hereto.A description of the Southern Parcel is included in Exhibit B,
which is attached hereto.
C.To allow for the installation of the 18-inch stormwater outfall pipe across the
Property,the City,through this Ordinance,authorizes the conveyance of one drainage
easement of 0.0168 acres (the “DE”)and one temporary construction easement of 0.0474
acres (the “TCE”)(together,the “Easements”)to benefit the Southern Parcel.The form
of the DE is attached hereto as Exhibit C.The form of the TCE is attached hereto as
Exhibit D.
D.The area and location of the land encumbered by the DE are described in
Exhibit B to the form of DE attached as Exhibit C.
E.The area and location of the land encumbered by the TCE are described in
Exhibit B to the form of TCE attached as Exhibit D.
F.The proposed discharge location is consistent with the Southern Parcel’s
natural drainage patterns,where stormwater runoff currently flows northward toward the
Property.Given the Southern Parcel’s topography and the stormwater requirement to
convey stormwater to the City’s stormwater pond to the east of the Property,discharge
to the north across the Property represents the only practical option.
G.The City has estimated the fair market value of the DE is $695.The City
has estimated the fair market value of the TCE is $206.The City will convey the
Easements for fair market value.
H.Section 23-111(a)of the City Code authorizes the City Council to sell,
convey or otherwise dispose of any interests in real property owned by the City,provided
the City Council first finds,by ordinance,that such sale or other disposition is in the best
interests of the City.
In light of the foregoing recitals,which the Council hereby makes and adopts as
determinations and findings,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1.The City Council finds that granting the Easements on the terms and
conditions described herein and as shown in Exhibit C and Exhibit D is in the best
interests of the City.
Section 2.The City Council hereby authorizes the Mayor to execute the
Easement substantially in the form attached hereto as Exhibit C and the Temporary
Construction Easement substantially in the form attached hereto as Exhibit D,with such
modifications or additional terms and conditions as the City Manager,in consultation with
the City Attorney,determines are necessary or appropriate to protect the interests of the
City or effectuate the purposes of this Ordinance.
Introduced,considered favorably on first reading on June 17,2025,and approved
on second reading for final passage on July 1,2025.
ATTEST:
--~_____-—
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Effective Date:July 11,2025
Approving Attorney:Ted Hewitt
Exhibits:Exhibit A -Property Map
Exhibit B -Southern Parcel Description
Exhibit C -Drainage Easement
Exhibit D -Temporary Construction Easement
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EXHIBIT A TO ORDINANCE NO.102,2025
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Description:
EXHIBIT B TO ORDINANCE NO.102,2025
The Southern Parcel
4.88 acres,more or less,located in the Southeast Quarter (SE 4)of Section 31,TTh,R68W,6th
PM,Larimer County,Colorado,being more particularly described as all of the lands described in
the Condominium Map recorded April 14,2025,at Reception No.20250015271,Clerk and
Recorder’s Records,Larimer County,Colorado.
Location Address:
4401 Innovation Dr.
Fort Collins,Colorado 80525
Assessor Parcel Number(s):
8731408019
Map:
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EXHIBIT C TO ORDINANCE NO.102,2025
PERMANENT EASEMENT
(City Property)
Grantor:City of Fort Collins,Colorado,a municipal corporation
Grantor Signing Authority and Title:Jenni Amdt,Mayor
Grantor Mailing Address:Real Estate Services,P.O.Box 580,Fort Collins,Colorado 80522
Grantor Phone Number/Email:970-221-6211 RealEstateServices~fcgov.com
Grantee:4401 Innovation Dr L.L.C and Kederike,LLC
Grantee Signing Authority and Title:Neil Bellefeuille,Partner
Grantee Mailing Address:4401 limovation Dr,Fort Collins,CO 80525
Grantee Phone Number/Email:970.889.4700
eilc2~zerozerotwo.pro
Effective Date:July 1,2025
Consideration:$695.00
Easement Improvements:Drainage Improvements,including one (1)eighteen (18)inch storm
pipe,buried rip-rap,and related restoration
Easement Appurtenant to Grantee’s Property?0 V C N:lIso,see Exhibit C
Special Restoration Requirements?C V 0 N:If yes,see Exhibit D.
Exhibits [check all that apply]:
0 Exhibit A —Grantor’s Property (number of pages):1
0 Exhibit B —Easement Area (number of pages):2
0 Exhibit C —Grantee’s Property (number of pages):1
C Exhibit D —Special Restoration Requirements (number of pages):
All checked exhibits are attached and incorporated into this Conveyance by reference.
This PERMANENT EASEMENT (the “Conveyance”)is made and entered into on the
Effective Date by and between Grantor and Grantee.
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 “Grantor’s Property”).
Grant of Easement Consideration.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 perpetual,non-exclusive easement (the “Easement”)on,
over,under,and across the Grantor’s Property as described more filly on Exhibit B,(the
“Easement Area”),for the benefit of Grantee’s Property,which is described in Exhibit C,
attached hereto.The Easement includes the right of vehicular and pedestrian ingress and egress
to the Easement Area,and the right to install,maintain,and use gates in all fences that cross the
Easement Area now or in the future.
EXHIBIT C TO ORDINANCE NO.102,2025
2.Purpose and Use of Easement.Grantee may use the Easement to install,access,operate,
maintain,repair,reconstruct,relocate,improve,enlarge,replace,inspect,and remove,at any time
and from time to time,the Easement Improvements,and for the temporary storage and staging of
materials and equipment.Grantor further grants to Grantee:
The right of ingress to and egress from the Easement Area over and across Grantor’s
Property by means of any roads and lanes thereon,or as otherwise agreed in writing
by Grantor;
The right to mark the location of the Easement Area by suitable markers set in the
ground;
The right to install temporary fencing and gates for security and safety purposes
during construction activities.
After initial installation of the Improvements,if Grantee wishes to relocate or replace the
Improvements with any other number or type of similar improvements,either in the original
location or at any alternate location or locations within the Easement Area,such improvements
must be generally consistent with the intended purposes of the Easement,and Grantee must give
Grantor advance notice of any change in the type,number or location of improvements and cannot
proceed until Grantor has provided its written consent,which shall not be unreasonably withheld
or delayed.
3.Grantor’s Rights in Easement Area.
A.Grantor reserves the right to use the Easement Area for purposes that will not
interfere with Grantee’s full enjoyment of the rights granted herein,including but
not limited to Grantor’s right to operate or allow others to operate utility
improvements within the Easement Area.
B.Grantor may plant or maintain permanent trees,shrubs or other plant material in
the Easement Area provided that no such plantings may be planted directly over
the Easement Improvements.Grantor may install or utilize signs or paths over the
Easement Area,and may pave,surface in some other manner,or otherwise
improve the Easement Area as Grantor desires.Additionally,Grantor may install
permanent buildings or structures over the Easement Area;however,Grantor
agrees to remove such structures at its expense if reasonably required for Grantee’s
access to the Easement Area,and to assume all risk,repair,and maintenance if
any damage occurs to these permanent buildings and/or structures as a result of
Grantee’s use of or activities over or within the Easement Area.
4.Grantee’s Obligations Regarding Easement Areas.
A.All activities by the Grantee on the Easement Area,including access across
Grantor’s Property,must be carried out in a manner and on a schedule reasonably
expected to minimize disturbance to the natural features of said property,any
improvements thereon,and the Grantor’s intended purposes therefor.
EXHIBIT C TO ORDINANCE NO.102,2025
B.Grantee must maintain the Easement Improvements in an entirely secure,safe and
sanitary condition,and repair the Easement Improvements as necessary to ensure
the Easement Improvements do not cause injury or damage to persons or property.
C.Grantee shall notifS’Grantor a minimum of one week prior to performing any
construction,maintenance,repair,or other work on or within the Easement Area
and shall in advance of any non-emergency work submit a construction plan and
schedule to Grantor for approval,which approval shall not be unreasonably delayed
or withheld.Grantee will need a Temporary Construction Easement from Grantor
if working on Grantor’s Property outside of the Easement Area.Notwithstanding
these notification requirements,in cases of emergency repair,Grantee shall notify
Grantor of the emergency and provide related construction plans and schedules as
soon as reasonably practicable.
D.In the event damage occurs from Grantee’s use of or activities over or within the
Easement Area or on Grantor’s Property,including but not limited to the
installation,maintenance,or operation of the Easement Improvements within the
Easement Area,Grantee agrees to make such repairs or take such other action as
may be necessary to restore the Easement Area and Grantor’s Property to a
condition comparable to their condition prior to Grantee’s activities in the Easement
Area,including but not limited to the reseeding and replanting of any disturbed
areas in a manner reasonably satisfactory to the Grantor,and the provision of
ongoing maintenance of any seeded or planted areas,correction of any subsidence,
and restoration of any other improvements or conditions impacted by Grantee’s
activities,until such time as any such repair and restoration is fully established and
stabilized.If applicable,Grantee shall comply with the special restoration
requirements on Exhibit D.
5.Maintenance of the Easement Area.
A.Grantor will maintain the surface of the Easement Area (except for the Easement
Improvements)in a sanitary condition in compliance with any applicable weed,
nuisance or other legal requirements;however,Grantor is not responsible for any
conditions directly caused by Grantee’s use and occupancy of the Easement Area.
B.Grantor will not deposit,or permit,or allow to be deposited,earth,rubbish,debris,
or any other substance or material,whether combustible or noncombustible,
on the Easement Area.
6.As-Built Drawings.Grantee will provide Grantor with as-built drawings accurately
depicting the location and nature of the Easement Improvements constructed within the Easement
Area no later than thirty (30)days following completion of the Easement Improvements,and no
later than thirty (30)days following a change in the type,number or location of the Easement
Improvements,as described in Section 3.
7.Representations of Grantor.Grantor makes no representations or warranties as to lawful
3
EXHIBIT C TO ORDINANCE NO.102,2025
ownership of Grantor’s Property.
8.Recordation.Grantee will record this Conveyance in the records of the Larimer County
Clerk and Recorder and furnish evidence of such recording to Grantor.This Conveyance will
not be valid until it is recorded.If this Conveyance has not been recorded with the Larimer
County Clerk and Recorder within ninety (90)days of the Effective Date,then this Conveyance
will be null and void and have no force and effect whatsoever,and the parties will be relieved of
any remaining obligations hereunder as of the date of such termination.
9.Abandonment.Should Grantee fail to construct the Improvements within five (5)years
from the date of this Conveyance,or should Grantee permanently discontinue maintaining and
using the Easement Improvements within the Easement Area for a period of five (5)years,this
shall constitute an abandonment of the Easement,the Easement Improvements,and Grantee’s
rights under this Conveyance,and the Easement shall automatically terminate,and Grantee shall,
at its own sole cost and expense,remove all Easement Improvements from the Easement Area,
provided that Grantee shall consult with Grantor in advance of any such removal,and Grantor
shall be entitled to require Grantee to leave some or all such Easement Improvements in place.If
Grantee removes the Easement Improvements from the Easement Area,Grantee shall carry out
such removal consistent with the requirements set forth in Section 4 and restore the Easement
Area,at its sole cost and expense,to a condition comparable to its conditionjust prior to Grantee’s
removal activities.Grantee shall then execute and record a termination or quitclaim to Grantor
of the Easement.
10.Indemnity and Insurance.
A.Grantee agrees to release and,unless Grantee is a governmental entity,indemnify
Grantor,its officers,agents,employees,representatives,successors and assigns
from and against all claims that may accrue to Grantee for personal injury,death
or property damage resulting from or arising out of Grantee’s use of the Easement
Area or other activities on Grantor’s Property.To the extent permitted by law,
and without waiving any of the provision so the Colorado Governmental
Immunity Act,Grantee assumes responsibility,as between Grantor and Grantee,
for any liability to third parties arising out of Grantee’s use of the Easement Area
or other activities on Grantor’s Property,including but not limited to the
construction,installation,operation,repair,and maintenance of improvements
within the Easement Area,and for any actions or omissions by Grantee in violation
of this Conveyance.
B.Grantee shall procure,pay for,and keep in full force and effect during the term of
this Conveyance a comprehensive policy of general liability insurance covering
the Easement Improvements and insuring Grantee in an amount not less than One
Million dollars (S1,000,000.OO)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,bodily injuries,and death of persons in connection with
Grantee’s activities in the Easement Area or on Grantor’s Property,the operation,
4
EXHIBIT C TO ORDINANCE NO.102,2025
maintenance,or use of the Easement Improvements (including acts or omissions
of Grantee or of its officers,employees,or agents),and protection against liability
for non-owned and hired automobiles.Such coverage must also include coverage
for such other risks as are customarily required by private institutional mortgage
lenders with regard to property similar in construction,location,and use as the
Easement Improvements.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.Upon issuance or renewal of any such insurance policy,Grantee shall
furnish a certificate of insurance to Grantor.In the event Grantee fails or neglects
to maintain,or require its contractor to procure and maintain,as applicable,the
insurance required by this paragraph,then Grantor shall have the right,upon
giving Grantee reasonable notice of its election to do so,to take out and maintain
such insurance at the expense of Grantee,and in such event the cost of such
insurance shall be paid for by Grantee promptly upon receipt of an invoice
covering such charges.
11.Notices.Any notice or other communication relating to this Conveyance must be in
writing and shall be deemed given (i)when delivered personally,or (ii)on the first business day
which is three (3)days following mailing by certified mail,return receipt requested and postage
prepaid,or (iii)the next business day after sending by a nationally recognized overnight delivery
service,and addressed to the party at its respective address on the first page of this Conveyance.
12.Default.Remedies and Litigation Expenses.If a party to this Conveyance is in default in
performance of its respective obligations hereunder,the other party has the right to an action for
specific performance or damages or both.Prior to 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.
13.Assignment.Grantee may not assign its rights under this Conveyance without the prior
written consent of Grantor.
14.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 the
covenants herein contained are binding upon and inure to the benefit of the parties hereto,their
personal representatives,successors,and assigns.This Conveyance is to be construed and
enforced according to the laws of Colorado,and venue in any proceeding related to this
Conveyance shall be in Larimer County,Colorado.If any term of this Conveyance is determined
by any court to be unenforceable,the other terms of this Conveyance shall nonetheless remain in
fill 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
5
EXHIBIT C TO ORDINANCE NO.102,2025
order to adopt mutually agreeable amendments to this Conveyance as may be necessary to restore
the parties as closelyas possible to the initially agreed upon relative rights and obligations.
15.Authority.Each person executing this Conveyance represents and warrants that he or
she is dulyauthorized to execute this Conveyance in his or her individual or representative
capacity as indicated.
IN WITNESS WHEREOF,Grantee has hereunder set its hand and seal the day and year
written below;and Grantor has caused this Conveyance to be executed by its Mayor,attested to
by its City Clerk,and its corporate seal to be hereunto affixed,all pursuant to Ordinance No.
__________20_,passed on final reading by the City Council of the City of Fort Collins on the_____day of ,20.
[Signatures on following page(s)]
EXHIBIT C TO ORDINANCE NO.102,2025
GRANTOR:
THE CITY OF FORT COLLINS,COLORADO
a municipal corporation
Date
ATTEST:
Jeni Arndt,Mayor
City Clerk
(Printed name)
APPROVED AS TO FORM:
Assistant City Attorney
(Printed name)
EXHIBIT C TO ORDINANCE NO.102,2025
ACCEPTANCE BY GRANTEE:
4401 Innovation Dr EEC
Neil Bellefeuille,Partner
ATTEST:
Signature
(Name,Title)
ACCEPTANCE BY GRANTEE:
Kederike,EEC
Date:_________________________
Officer with signing authonty
ATTEST:
Signature
(Name,Title)
EXHIBIT C TO ORDINANCE NO.102,2025
Exhibit A
Larger Parcel Map
Parcel:8731407902
Property Description:
All of Tract “B”and that part of Track “A”of the Golden Meadows Business Park,which
begins at the Southeast corner of said Track “A”,and run thence N 89°46’20”W 283.57
feet;thence N 280.00 feet;thence S 89°46’20”E 100.99 feet;thence S 33°02’19”E
334.88 feet to the point of beginning;containing 360,976 square feet,more or less.
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E)([”I I B IT B EXHIBITCTOORDINANCENO.102,2025
J R ENGINEERING
EXHIBIT
DRAINAGE EASEMENT
PICKLEBALL FACILITY AT 4401 INNOVATION DRIVE
PROPERTY DESCRIPTION
A PARCEL OF LAND BEING A PORTION OF TRACT A,GOLDEN MEADOWS BUSINESS PARK RECORDED UNDER
RECEPTION NO.266612 IN THE RECORDS OF THE t.ARIMER COUNTY CLERK AND RECORDER,LOCATED IN
THE SOUTHEAST QUARTER OF SECTION 31,TOWNSHIP 7 NORTH,RANGE 68 WEST OF THE 6~PRINCIPAL
MERIDIAN,CITY OF FORT COLLINS,COUNTY OF LARIMER,STATE OF COLORADO,BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BASIS OF BEARINGS:THE NORTHERLY LINE OF LOT 19,REPLAT OF LOTS 13,14,15,16,AND 18,GOLDEN
MEADOWS BUSINESS PARK,BEING MONUMENTED AT THE WEST END BY A 1”YELLOW
PLASTIC CAP STAMPED “LS 18471”AND AT THE EAST END BY A NO.4 REBAR WITH NO
CAP,BEARING S89°52’12”E AS REFERENCED TO COLORADO STATE PLANE NORTH
ZONE.
COMMENCING AT THE NORTHWESTERLY CORNER OF LOT 19,REPLAT OF LOTS 13,14,15,16,AND 18
GOLDEN MEADOWS BUSINESS PARK,RECORDED UNDER RECEPTION NO.316057 IN THE RECORDS OF THE
LARIMER COUNTY CLERK AND RECORDER;
THENCE ON THE NORTHERLY LINE OF SAID LOT 19,ALSO BEING THE SOUTHERLY LINE OF TRACT A,GOLDE
MEADOWS BUSINESS PARK RECORDED UNDER RECEPTION NO.266612,589 52’12”E A DISTANCE OF 164.61
FEET,TO THE POINT OF BEGINNING;
THENCE DEPARTING SAID SOUTHERLY LINE,N00°00’OO”E A DISTANCE OF 36.56 FEET;
THENCE Ng0900.oOaE A DISTANCE OF 20.00 FEET;
THENCE S00°00’OO”W A DISTANCE OF 36.61 FEET,TO A POINT ON SAID SOUTHERLY LINE;
THENCE ON SAID LINE,N89 52’12”W A DISTANCE OF 20.00 FEET.TO THE POINT OF BEGINNING.
CONTAINING A CALCULATED AREA OF 732 SQUARE FEET OR 0.0168 ACRES.
PROPERTY DESCRIPTION STATEMENT
I,DEREK LEE VAGIAS,A PROFESSIONAL LAND SURVEYOR LICENSED IN THE STATE OF COLORADO,DO
HEREBY STATE THAT THE ABOVE PROPERTY DESCRIPTION AND ATTACHED EXHIBIT WERE PREPARED UNDER
MY RESPONSIBLE CHARGE,AND ON THE BASIS OF MY KNOWLEDGE,INFORMATION AND BELIEF,ARE
CORRECT.
DEREK LEE VAGIAS,PROFESSIONAL LAND SURVEYOR
COLORADO NO.38578
FOR AND ON BEHALF OF JR ENGINEERING,LLC
72W5 Aliot.Way,Sijue C400.Cemenn,.l,CO 80112
303-740-9393 •Fax 303-721-9019 •wwwjreosinca.ngcon.
4)21/2025 X:~3980000.am398380O\WortJtegaIs~39838O0LX-OE01 .doc SHEET I 0F2
EXHIBIT C TO ORDINANCE NO.102,2025
EXHIBIT
TRACT A
GOLDEN MEADOKS’
BUS/NESS PARK
REC Na 266612
SEI/4 SEC 31,
77N R68K~6TH PM
TRACT 8
GOLDEN MEAOOMS
BUS/NESS PARK
REC Na 266612
20’UT1L/TY EASEMENT
REC Na 266612
POINT OF COMMENCEMENT
NW CORNER LOT 19
1 YELLOW PLAS1TC CAP
STAMPED 25 18471
A PORY7ON OP LOT 19
REPLATOP LOTS 13 14,15 16 AND 14
GOLDEN MEADOV.~BUS/NESS PARK
REt wa 316057
SPEC/AL WARRANTY DEED
REt NO.200031800
NOTE:ThUS EXHIBIT DOES NOT REPRESENT A MONUMENTED SURVEY.IT
IS INTENDED ONLY TO DEPICT ThE ATTACHED PROPERTY DESCRIP’flON.
DRAINAGE EASEMENT
PICKLEBALL FACILITY AT 4401 INNOVA11ON DRIVE
PROJECT NO.:39838.00
DATE:4/21/2025
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REC NO.316057
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ORIGINAL SCALE:1”=50’
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EXHIBIT C TO ORDINANCE NO.102,2025
Exhibit C
The Southern Parcel
Description:
4.88 acres,more or less,located in the Southeast Quarter (SE 4)of Section 31,TTh,R68W,6th
PM,Larimer County,Colorado,being more particularly described as all of the lands described in
the Condominium Map recorded April 14,2025,at Reception No.20250015271,Clerk and
Recorder’s Records,Larimer County,Colorado.
Location Address:
4401 Innovation Dr.
Fort Collins,Colorado 80525
Assessor Parcel Number(s):
8731408019
Map:
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EXHIBIT D TO ORDINANCE NO.102,2025
TEMPORARY CONSTRUCTION EASEMENT
(City Property)
Grantor:City of Fort Collins,Colorado,a municipal corporation
Grantor Signing Authority and Title:Jenni Arndt,Mayor
Grantor Mailing Address:C 0 Real Estate Services,
P.O.Box 580,
Fort Collins,Colorado 80522
Grantor Phone Number/Email:(970)221-6211 /RealEstateservices fc ov corn
Grantee:4401 Innovation Dr L.L.C.and Kederike,LLC
Grantee Signing Authority and Title:Neil Bellefeuille,Partner
Grantee Mailing Address:4401 Innovation Dr,Fort Collins,CO 80525
Grantee Phone Number/Email:970.889.4700 I neil~zerozerotwo.pro
Project:Drainage Improvements,including one (1)eighteen (18)inch storm pipe,buried rip-rap
and related restoration.
Effective Date:Date of mutual execution
Expiration Date:One (I)year after the Effective Date
Consideration:$206.00
Exhibit A Larger Parcel Description:I page
Exhibit B —TCE Area Legal Description and Depiction:3 pages
This TEMPORARY CONSTRUCTION EASEMENT (the “TCE”)is made and entered
into by and between Grantor and Grantee on the dates written below,and the above referenced
Exhibits A through B are attached to and made a part of this TCE.
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 “Larger Parcel”).
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 “Easement”)on,over,under,and
across that certain portion of the Larger Parcel described more fully and depicted on Exhibit B
(the “TCE Area”),subject to the conditions and restrictions set forth below.
3.Purpose and Use of Easement.
A.During the term of this TCE,Grantee may use the TCE Area for the following
temporary activities related to the Project (defined above):
i.Construction activities;
TemporaTy Construction Easement —City Grantor
Form Version -2024
EXHIBIT D TO ORDINANCE NO.102,2025
ii.Marking the location of the TCE Area by suitable markers set in the ground;
iii.Storage and staging of materials and equipment;
iv.Fencing and gates for security and safety purposes;
v.Ingress and egress to the construction site;
vi.The right to use existing gates in all fences which now cross or shall hereafter
cross the TCE Area.
B.Grantee’s use of the Easement is subject to the following:
i.Grantee may only access the TCE Area from the project site,4401 Innovation
Dr,and Grantee has no right of ingress and egress across any portion of the
Larger Parcel not included in the TCE Area;
ii.If Grantor’s main access to the Larger Parcel is located within the TCE Area,
Grantee must allow for Grantor’s reasonable access to the Larger Parcel;
iii.All activities by Grantee in the TCE Area must be carried out in a manner and
on a schedule reasonably expected to minimize disturbance to the natural
features of said property and Grantor’s intended purposes and uses therefor;
Grantee shall protect all trees located on the Larger Parcel from any damage by
Grantee’s construction activities;
iv.Grantee shall restore the TCE Area in accordance with Section 6 below;
v.Grantee shall provide Grantor notice of the date it intends to commence
construction operations for the Project,insofar as said operations pertain to the
TCE Area,at least seven (7)calendar days prior to such date,and such notice
shall include any construction plans and construction schedule for the Project.
Grantee shall coordinate such work in the TCE Area with Grantor;
vi.All activities by Grantee within the TCE Area must be carried out in a secure
and sanitary manner and to prevent injury or damage to persons or property;
vii.Grantee shall provide Grantor notice of any accident,emergency,or other
dangerous or hazardous occurrence in the TCE Area within one calendar day of
such occurrence and Grantee must make best efforts to correct or mitigate any
such occurrence as soon as practicably possible;and
viii.Grantee shall not be permitted to enter any portion of any building located
within the TCE Area without obtaining the prior written consent of Grantor.
4.[Reservedi
5.Maintenance of the TCE Area.During the term of this TCE,the Grantee will maintain the
surface of the TCE Area,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 release,or permit,or allow to be released any hazardous or combustible substance or material
within the TCE Area.
6.Restoration of TCE Area.
A.Prior to the Expiration Date,Grantee,in accordance with the requirements of this
Section 6,will make such repairs or take such other action as may be necessary to
Temporary Construction Easement City Grantor
Form Version -2024
EXHIBIT D TO ORDINANCE NO.102,2025
restore the TCE Area to a condition comparable to its condition as of the Effective Date
(the “Construction Repairs”),including but not limited to the reseeding and replanting
of any disturbed areas,correction of any subsidence,compaction,and restoration of
any other improvements or conditions impacted by Grantee’s activities,as set forth in
the “Pickleball Ventures”Final Development Plans and Development Agreement,on
file with the Grantor.
B.The Grantee agrees to provide to Grantor a two-year maintenance guarantee and a two-
year repair guarantee covering the design,construction,and maintenance of the
Construction Repairs (the “Restoration Guarantees”),as set forth in the “Pickleball
Ventures”Final Development Plans and Development Agreement,on file with the
Grantor.The Restoration Guarantees shall commence upon the date of the City’s final
approval and acceptance of the Construction Repairs,which shall be in writing (the
“Final Approval”).Subject to the foregoing,the ownership of the Construction Repairs
shall pass to Grantor upon Final Approval.
7.Term.This TCE will commence on the Effective Date and will automatically terminate
thirty (30)days after final completion of the Project,but in no event later than the Expiration Date.
No extension of this TCE term shall be effective unless an amendment hereto is executed by both
parties,and no release or notice of termination shall be required to be filed to evidence the
automatic termination of this TCE.
8.No Recordation.The parties agree that this TCE shall not be recorded by either party.
9.Authority.Each person executing this TCE represents and warrants that he or she is duly
authorized to execute this TCE in his or her individual or representative capacity as indicated.
10.Representations of Grantor.Grantor makes no representations or warranties as to the lawful
ownership of the Larger Parcel.
11.Indemnity and Insurance.
A.Grantee agrees to release and,unless Grantee is a governmental entity,indemnify
Grantor,its officers,agents,employees,representatives,successors,and assigns from
and against all claims that may accrue to Grantee 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 Larger Parcel.To the extent permitted by law,and without waiving
any of the provision so the Colorado Governmental Immunity Act,Grantee assumes
responsibility,as between Grantor and Grantee,for any liability to third parties arising
out of Grantee’s use of the Easement Area or other activities on Grantor’s Larger
Parcel,including but not limited to the construction,installation,operation,repair,and
maintenance of improvements within the TCE Area,and for any actions or ?m155~~n5
by Grantee in violation of this TCE.Nothing shall require Grantee to indemnify
Grantor from any claim or liability,including reasonable attorney’s fees and costs,for
claims arising from the negligence or willful misconduct of Grantor.
Temporary Construction Easement City Grantor
Form ve~ion 2024
EXHIBIT D TO ORDINANCE NO.102,2025
B.Grantee shall procure,pay for,and keep in full force and effect during the term of the
TCE a comprehensive policy of general liability insurance insuring Grantee in 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,bodily injuries,and death of persons in connection with
Grantee’s activities in the TCE Area or on Grantor’s Larger Parcel (including acts or
omissions of Grantee or of its officers,employees,or agents),and protection against
liability for non-owned and hired automobiles.
C.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.Upon issuance or renewal of any such
insurance policy,Grantee shall furnish a certificate of insurance to Grantor.
D.In the event Grantee fails or neglects to maintain,or require its contractor 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 TCE 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 Liti ation Ex enses.If a party to this TCE 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.Prior to proceeding with any such action,the party not in
default must first send written notice to the defaulting party speci~ing the default and affording
such party a reasonable period to cure the default.
14.Assignment.The Grantee may not assign its rights under this TCE without the prior written
consent of the Grantor.
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 are binding upon and inure to the benefit of the parties hereto,their
personal representatives,successors,and assigns.The parties agree that this TCF is to be construed
and enforced according to the laws of Colorado,and venue for any proceeding relating to the
subject matter of this TCE 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 TCE shall 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
Temporary Construction Easement City Grantor
Fonn version -2024
EXHIBIT D TO ORDINANCE NO.102,2025
order to adopt mutually agreeable amendments to this TCE 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 TCE represents the entire understanding and agreement between
the parties with respect to the subject matter hereof and supersedes and replaces all previous oral
and written representations,understandings,and agreements between the parties pertaining to the
subject matter of this TCE.
IN WITNESS WHEREOF,the parties have set their hands and seals on the date(s)written
below,but this TCE shall be effective as of the Effective Date;and the Grantor has caused this
TCE to be executed pursuant to Ordinance No.,2025.passed on final reading by the City
Council of the City of Fort Collins on ,2025.
[Signatures on the following page(s)]
Temporary Construction Easement —City Grantor
Form Version -2024
EXHIBIT D TO ORDINANCE NO.102,2025
GRANTOR:
Date:______________________
Jeni Arndt,Mayor
AEFEST:
Delynn Coldiron,City Clerk
APPROVED AS TO FORM:
Ted Hewitt,Assistant City Attorney
Temporary Construction Easement —City Grantor
Fonn Version -2024
EXHIBIT D TO ORDINANCE NO.102.2025
ACCEPTANCE BY GRANTEE:
4401 Innovation Dr L.LC.
Date:_______________________________________________________
Neil Bellefeuille,Partner
ATTEST:
Signature
(Name,Title)
ACCEPTANCE BY GRANTEE:
Kederike,LEC
Date:____________________
Officer with signing authority
ATTEST:
Signature
(Name,Title)
Temporary Construction Basement —City Grantor
Form Version -2024
EXHIBIT D TO ORDINANCE NO.102,2025
Exhibit A
Larger Parcel Map
Parcel:8731407902
Property Description:
All of Tract “B”and that part of Track “A”of the Golden Meadows Business Park,which
begins at the Southeast corner of said Track “A”,and run thence N 89°46’20”W 283.57
feet;thence N 280.00 feet;thence S 89°46’20”E 100.99 feet;thence S 33°02’19”£
334.88 feet to the point of beginning;containing 360,976 square feet,more or less.
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E)(Fl I B I 1’B EXHIBIT D TO ORDINANCE NO.102,2025
J R ENGINEERING
A Wesinjo Comp..ny
EXHIBIT
TEMPORARY CONSTRUCTION EASEMENT
PICKLEBALL FACILITY AT 4401 INNOVATION DRIVE
PROPERTY DESCRIPTION
A PARCEL OF LAND BEING A PORTION OF TRACT A AND TRACT B,GOLDEN MEADOWS BUSINESS PARK
RECORDED UNDER RECEPTION NO.266612 IN THE RECORDS OF THE LARIMER COUNTY CLERK AND
RECORDER,LOCATED IN THE SOUTHEAST QUARTER OF SECTION 31,TOWNSHIP 7 NORTH1 RANGE 68 WEST
OF THE 6711 PRINCIPAL MERIDIAN,CITY OF FORT COLLINS,COUNTY OF LARIMER,STATE OF COLORADO,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BASIS OF BEARINGS THE NORTHERLY LINE OF LOT 19,REPLAT OF LOTS 13,14,15,16,AND 18,GOLDEN
MEADOWS BUSINESS PARK,BEING MONUMENTED AT THE WEST END BY A 1~YELLOW
PLASTIC CAP STAMPED L5 18471’AND AT THE EAST END BY A NO.4 REBAR WITH NO
CAP,BEARING S89°52’12E AS REFERENCED TO COLORADO STATE PLANE NORTH
ZONE.
COMMENCING AT THE NORTHWESTERLY CORNER OF LOT 19,REPLAT OF LOTS 13,14,15,16,AND 18,
GOLDEN MEADOWS BUSINESS PARK,RECORDED UNDER RECEPTION NO.316057 IN THE RECORDS OF THE
LARIMER COUNTY CLERK AND RECORDER;
THENCE ON THE NORTHERLY LINE OF SAID LOT 19,ALSO BEING THE SOUTHERLY LINE OF TRACT A,GOLDEN
MEADOWS BUSINESS PARK RECORDED UNDER RECEPTION NO.266612,S89 52’12”E A DISTANCE OF 144.61
FEET,TO THE POINT OF BEGINNING;
THENCE DEPARTING SAID SOUTHERLY LINE,N00°00’00~E A DISTANCE OF 46.52 FEET;
THENCE N90000bOOWE A DISTANCE OF 60.00 FEET:
THENCE S00°00’OO’E A DISTANCE OF 46.65 FEET,TO A POINT ON SAID SOUTHERLY LINE,
THENCE ON SAID LINE,N8~52’12’W A DISTANCE OF 20.00 FEET;
THENCE DEPARTING SAID SOUTHERLY LINE,NOC 00’OO”E A DISTANCE OF 36.61 FEET;
THENCE N90°00’OOW A DISTANCE OF 20.00 FEET;
72005 AIim,Way.Suipc C400.Ca,icnnial.CO SOt 12
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4!2312025 X:~98O0OOaIF398380O~W0rL!~Le9aIS\3983800LX-TCEO1 .doc SHEET I OF 3
EXHIBIT D TO ORDINANCE NO.102,2025
THENCE SQ0°O0’OO”E A DISTANCE OF 36.56 FEET,TO A POINT ON SAID SOUTHERLY LINE;
THENCE ON SAID LINE,N8952’12”W A DISTANCE OF 20.00 FEET,TO THE POINT OF BEGINNING;
CONTAINING A CALCULATED AREA OP 2,063 SQUARE FEET OR 0.0474 ACRES.
PROPERTY DESCRIPTION STATEMENT
I,DEREK LEE VAGIAS,A PROFESSIONAL LAND SURVEYOR LICENSED IN THE STATE OF COLORADO DO
HEREBY STATE ThAT THE ABOVE PROPERTY DESCRIPTION AND A’fl’ACHED EXHIBIT WERE PREPARED UNDER
MY RESPONSIBLE CHARGE.AND ON THE BASIS OF MY KNOWLEDGE,INFORMATION AND BELIEF,ARE
CORRECT.
DEREK LEE VAGIAS,PROFESSIONAL LAND SURVEYOR
COLORADO NO.38578
FOR AND ON BEHALF OF JR ENGINEERING,LLC
7200 S Alma Way.S.jilc C400.Cenccnni~I,CO 80112
303.740.9393 •Fn 303-721-9019 •
4/23/2025 X:~39BOOOO.aIfl39S38Oo~WordtegaIs\3983sa&x.TcEot .doc SHEET2OF3
EXHIBIT D TO ORDINANCE NO.102,2025
EXHIBIT
S0o’OO’OO”E
r48.65’NO.4/mm NO CAP
-BASS ar BEARINGS -——
NOR1HERLYLINE OP LOT 79
589 52 ¶72E 58527’
144.61’
--~:;~;1:r -----
REC Na 316057
POINT OF COMMENCEMENT
NW CORNER LOT 19
7~YELLOW PLAS77C CAP
SM/APED “LS 78471
A POR77ON ~LOT 19
REPLATOFLO7SM 14,75 16,AND 18:
GOLDEN MEADOWS BUSINESS PARK
REV.Na 316057
SPEC/AL WARRANTY DEED
REV NO.200037800
LINE TABLE
UNE BEARING DISTANCE
Li N89’52’12~W 20.00’
L2 N0O’OO’OOE 36.61’
L3 N90’OO’OOW 20.00’
L4 SOO’OO’OOE 36.56’
L5 N89’52’12”W 20.00’
NOTE:THIS EXHI8IT DOES NOT REPRESENT A MONUMENTED SUR~tY.IT
IS INTENDED ONLY TO DEPICT THE ATTACHED PROPERTY DESCRIPTiON.
DRAINAGE EASEMENT
PICKLEBALL FACIUTY AT 4401 INNOVATiON DRIVE
PROJECT NO.:39838.00
DATE:4/23/2025
GOLDEN MEADOWS
BUS/NESS PARK
REV NO 266672
mACTA \mACTB
N9
SE1/4 SEC 31,
17N P68W 6771 PM
60.00•
N00’OO’OOE
GOLDEN MEADOWS
BUSINESS PARK
REC Na 266612
20’U77L/TY EASEMENT
46.52’
REV N~266612
a’
50 25 50
ORIGINAL SCALE:1”50’
JR ENGINEERING
AWbias c.n.n
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