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Home My WebLink About162 - 01/05/2021 - CONVEYING A REPLACEMENT TELECOMMUNICATIONS EASEMENT TO QWEST CORPORATION d/b/a CENTURYLINK QCON AT T16623437 RECORDING INFORMATION ABOVE EASEMENT AGREEMENT Corporate Easement CITY OF FORT COLLINS, COLORADO, a municipal corporation of the State of Colorado “Grantor”), whose mailing address for purposes of this easement is P.O. Box 580, Fort Collins, CO 80522,for and in consideration of $10.00 (Ten Dollars)and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby grant and convey unto QWEST CORPORATION d/b/a CENTURYLINK QC, a Colorado corporation (“Grantee”), whose address is 100 CenturyLink Drive, Monroe, LA 71203, and its successors, assigns, affiliates, lessees, licensees, and agents, a perpetual non-exclusive easement to construct, modify, add to, maintain, and remove such telecommunications facilities as may be necessary to provide such services within that certain shopping center known as the Foothills Mall (the “Shopping Center”) or property contiguous thereto, from time to time upon, over, under and across the following described property situated in the County of Larimer, State of Colorado, which Grantor owns or in which Grantor has an interest (“Easement Area”), to wit: SEE EXHIBIT A ATTACHED HERETO The work of installing and maintaining said underground lines shall be done with care, and the surface along the Easement Area shall be restored substantially to its original level and condition. Grantor further conveys to Grantee the right of ingress and egress to and from the Easement Area during all periods of construction, maintenance, installation, reinforcement, repair and removal over and across those Grantor’s lands that are legally described on the attached Exhibit B (the “Grantor’s Property”). Grantee will provide at least ten (10) days’ notice to Grantor at the address set forth above (or such other address requested by Grantor in writing delivered to Grantee at the address set forth above), prior to undertaking any work with respect to Grantee’s facilities, except in an emergency where prior notice is impractical or impossible. Grantee will confer with Grantor concerning the staging plan and work schedule prior to commencement of work. Grantee agrees to use reasonable efforts to minimize disturbances to ongoing business operations and construction activities on the Grantor Property and the Shopping Center, and to minimize the duration of any such work. Except in an emergency, at Grantor’s request or with Grantor’s permission, Grantee will not perform any work on its lines or appurtenances from November 15 to January 1 during any year. During any work on its lines or appurtenances, Grantee will keep the Grantor’s Property reasonably clean and free of debris. Grantee shall indemnify, and save harmless the Grantor from any and all claims, suits, losses, damages, costs, or expenses on account of injury or damage to any person or property (collectively, “Claims”), to the extent such Claims are caused or occasioned by the Grantee's negligence in construction, reconstruction, excavation, operation, or maintenance of the facilities. Grantee shall have no responsibility for environmental contamination that is not caused by Grantee, or is pre-existing and not exacerbated by Grantee. Grantor reserves the right to occupy, use and cultivate the Easement Area for all purposes not inconsistent with the rights herein granted, including by way of example and not of limitation the right to EXHIBIT A 16623437 place concrete curbs, retaining walls, traffic islands, street lights, screen walls, trash enclosures and landscaping in the Easement Area. Specifically, Grantee acknowledges and agrees that in certain portions of the Easement Area, the telecommunications facilities may be located in a joint trench with other utility lines, and such use of the Easement Area and the granting of easements over, under and across the Easement Area to other utility companies to construct, modify, add to, maintain, and remove such utilities shall not be deemed inconsistent with the rights herein granted. The rights, conditions and provisions of this Agreement shall run with the land and shall inure to the benefit of and be binding upon Grantor and Grantee and their respective successors and assigns. This Agreement shall be governed by, and enforced in accordance with the laws of the State of Colorado. In the event litigation is required by either party to enforce the terms of this Agreement, the prevailing party of such action or proceeding shall, in addition to all other relief granted or awarded by the court, recover its reasonable attorneys’ fees incurred by reason of such action or proceeding and all costs of suit and those costs incurred in preparation therefor at both the trial and appellate levels. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Signature pages may be detached and reattached to physically form one document. All exhibits to this Agreement are fully incorporated herein as though set forth at length. [INTENTIONALLY BLANK; SIGNATURE PAGES FOLLOW] "Grantee" QWEST CORP ORA TION, dba CenturyLink QC, a Colorado corporation By:~~~ Manager ROW Agent STATE OF COLORAD O COUN TY OF DENV ER ) ) SS. ) The foregoing instrument was acknowledged before me this / ;t-J, day of September, 2019, by Allan A. Jojola, as authorized signatory of Qwest Corporation, a Colorado corporation. Witness my hand and official seal. My comm ission expires: __ ~_¼_1/-_c,,_·~/2.~~-o~a?:::d-~-- (NOTARIAL SEAL ) SUSAN B. GRIFFIN NOTARY PUBLIC STATE OF COLORADO NOTARY IO 19874163520 MY COMMISSION EXPIRES APRIL 16, 2020 R/W# CO20190905 Job # ..::.N.;.;./.a.aA...._ __ Exchange Larimer County _L=ar;..;am=•=· e __ r _ 1/4 Section SW Section 25 Township ---1.N.. Range 69 W Exhibit A (Easement Descriptions and Depictions Attached) Easement Description That part of Lot 20, Foothills Mall Redevelopment Subdivision Filing No. 3, recorded at the Larimer County, Colorado Clerk and Recorder's Office on October 12, 2020 at Reception Number 20200083502, located in the Southwest Quarter of Section 25, Township 7 North, Range 69 West of the 6th Principal Meridian, City of Fort Collins, Larimer County, Colorado, described as follows: COMMENCING at the most Easterly corner of Lot 1, said Foothills Mall Redevelopment Subdivision Filing No. 3 also being the Southerly corner of said Lot 20; Thence N44°34'03"E on the Southeasterly line of said Lot 20, 34.28 feet to the POINT OF BEGINNING; Thence N45°31'23"W, 12.35 feet; Thence N44°34'03"E, 10.00 feet; Thence S45°31'23"E, 12.35 feet to said Southeasterly line of said Lot 20; Thence S44°34'03"W on said Southeasterly line, 10.00 feet to the POINT OF BEGINNING; Contains 123 square feet, (0.003 acres), more or less. The above described easement is subject to vertical height limitations in Lot 20 as noted and set forth on said said Foothills Mall Redevelopment Subdivision Filing No. 3 plat and being approximately 16 feet in height from ground level to bottom of existing structure. Basis of Bearing: The West line of the Southwest Quarter of Section 25, Township 7 North, Range 69 West of the 6th P.M., Larimer County, Colorado bears N00°08'49"E between the Southwest corner of the Southwest Quarter of said Section 25 monumented with a 2" aluminum cap in range box stamped LS 28668, 2017 and the Northwest corner of the Southwest Quarter of said Section 25 monumented with a 3" aluminum cap in range box stamped LS 20123 with all other bearings relative thereto, as shown on said Foothills Mall Redevelopment Subdivision Filing No. 3 plat. Christopher Brooks, Colorado PLS 38063 For and on behalf of Farnsworth Group, Inc. LOT 20 -CENTURYLINK EASEMENT FOOTHILLS MALL REDEVELOPMENT SUBDIVISION FILING NO. 3 SW 1/4 SECTION 25, T7N, R69W OF THE 6TH PM, CITY OF FORT COLLINS, LARIMER COUNTY, COLORADO 1 OF 2(303) 692-8838 / info@f-w.com GREENWOOD VILLAGE, COLORADO 80111 GROUP 5613 DTC PARKWAY, SUITE 1100 General Note: This description does not represent a monumented survey. It is intended only to describe the attached exhibit. 10/13/2020 POINT OF COMMENCEMENT EASTERLY CORNER LOT 1 AND THE MOST SOUTHERLY CORNER OF LOT 20 POINT OF BEGINNING * NORTHEASTERLY LINE LOT 20 *10'LOT 20 LOT 2 TRACT J LOT 1 123 SF, 0.003 AC± EASEMENT S45°31'23"E 12.35'N44°34'03"E 10.00' N45°31'23"W 12.35' S44°34'03"W 10.00' SOUTHEASTERLY LINE LOT 20 TRACT J LOT 20 AIRSPACE NOTE: THIS EXHIBIT DRAWING IS NOT INTENDED TO REPRESENT A LAND SURVEY PLAT, IMPROVEMENT SURVEY PLAT OR IMPROVEMENT LOCATION CERTIFICATE AND IS INTENDED TO GRAPHICALLY DEPICT THE ATTACHED DESCRIPTION. Easement Graphic LOT 20 -CENTURYLINK EASEMENT FOOTHILLS MALL REDEVELOPMENT SUBDIVISION FILING NO. 3 SW 1/4 SECTION 25, T7N, R69W OF THE 6TH PM, CITY OF FORT COLLINS, LARIMER COUNTY, COLORADO 2 OF 2(303) 692-8838 / info@f-w.com GREENWOOD VILLAGE, COLORADO 80111 GROUP 5613 DTC PARKWAY, SUITE 1100 0 U.S. SURVEY FEET SCALE: 1"=40' 20 40 80 10/13/2020 Exhibit B (Grantor’s Property) LOT 20, FOOTHILLS MALL REDEVELOPMENT SUBDIVISION FILING NO. 3 RECORDED OCTOBER 12, 2020 AT RECEPTION NO. 20200083502, COUNTY OF LARIMER, STATE OF COLORADO.