HomeMy WebLinkAboutREGISTRY RIDGE, 5TH FILING - FDP - 32-95J - LEGAL DOCS - EASEMENTSEXHIBIT B
A TRACT OF LAND BEING A PORTION OF TRACT H, CORRECTED PLAT OF THE FINAL PLAT OF REGISTRY RIDGE P.U.D., FIRST FILING, LOCATED
IN SECTION 15, TOWNSHIP 6 NORTH, RANGE 69 WEST OF THE 6TH P.M., CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO
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NORTHERN ®H DEDICATION
ENGINEERING 150 0 150 300 65DFmt THE 3D' SANITARY SEWER EASEMENT
SHALL BE DEDICATED TO THE SOUTH FORT
( IN FEET) COLLINS SANITATION DISTRICT.
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NORTHERN
A➢DRESS:
PHONE 970221.4158
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ENGINEERING
200 S. College Ave. Suite 100
Fart Collins, CO W4
FAX: 970.221.4159
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EXHIBIT A
Description: Sanitary Sewer Easement
A sanitary sewer easement being a portion of Tract H, Corrected Plat of the Final Plat of
Registry Ridge P.U.D., First Filing, located in Section 15, Township 6 North, Range 69
West of the 61h Principal Meridian, City of Fort Collins, County of Larimer, State of
Colorado being more particularly described as follows:
Considering the South line of Tract H, Corrected Plat of the Final Plat of Registry Ridge
P.U.D., First Filing as bearing South 89°56'43" East and with all bearings contained
herein relative thereto:
Commencing at the Southwest corner of said Tract H; thence, along the South line of said
Tract H. South 89`56'43" East, 530.96 feet to the POINT OF BEGINNING; thence,
North 01°29'54" West, 125.07 feet; thence, North 36138'06" East, 142.27 feet; thence,
South 30°52'15" East, 32.47 feet; thence, South 36°38'06" West, 119.47 feet; thence,
South 01 °29' 54" East, 114.30 feet; thence, along the Northerly line of Lot 104, Tract F
and Lot 105 of the Corrected Plat of the Final Plat of Registry Ridge P.U.D., First Filing
by the following three (3) courses and distances beginning South 83°39'22" West, 2.51
feet to the Northeast corner of said Tract F; thence, South 87°54'27" West, 24.99 feet to
the Northwest corner of said Tract F; thence, North 89°56'43" West, 2.50 feet to the
POINT OF BEGINNING.
The above described sanitary sewer easement contains 7,520 square feet or 0.173 acres
more or less and is subject to all easements and rights -of -way now on record or existing.
May 31, 2007
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The foregoing instrument was acknowledged before me this ..6 day of
Er , 2007, by Douglas P. Hutchinson, as Mayor, and Wanda Krajicek, as City
Clerk, o the ity of Fort Collins, Colorado, a Colorado municipal corporation.
Witness my hand and official seal.
My Commission Expires:
Notary Public
GRANTEE:
Lennar Colorado, LLC
A Colorado liffriw Ii bility company
By.
avid Brac9t, Preside
STATE OF COLORADO )
) ss.
COUNTY OF
The foregoing instrument was acknowledged before me this 1 �b day of
J ►..1 , 2007, by Day+ S g rd ckt as Div i slaty Pres. of Lennar Colorado,
LL , a Colorado limited liability company.
Witness my hand and official seal.
My Commission Expires: 7.rj ,SN(
N o`T-A R
Notary Public �N.p U B L 1 G�
T:••....••'0 ,
2759\1\1063773.2 6
Temporary Construction Easement or activities on the Future Park Site, and including
without limitation the construction, installation, operation, repair, and maintenance of the
Improvements within the Easement Area, and for any actions or omissions by Grantee in
violation of this Easement Agreement.
9. Colorado Law. This Agreement shall be construed and interpreted in accordance with
the laws of the State of Colorado.
10. Binding Effect This Agreement and all terms and conditions thereof shall extend to and
be binding upon the parties hereto, their trustees, heirs, personal representatives,
successors and assigns.
11. Assignment. Grantee may assign this Agreement to the South Fort Collins Sanitation
District. Grantee must provide Grantor with prompt written notice of such assignment,
and such assignment will not be effective until recorded with the Larimer County Clerk
and Recorder. No other assignment of this Agreement is permitted, except if approved in
writing by Grantor, in its sole discretion.
IN WITNESS WHEREOF, the Grantee has hereunder set its hand and seal the day and
year first above written; and the Grantor has caused this Agreement 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. 48, 2007, passed on final reading by the City Council of the City of Fort Collins
on the 17a' day of April, 2007.
r9T'1TR)Vkr@T'1V
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THE CITY OF FORT COLLINS, COLORADOa municipal o ation Mayo
A EST:
City Clerk
STATE OF COLORADO )
ss.
COUNTY OF LARIMER )
27S9\1\1063773.2 $
APPROVED AS T FORM:
a
Assi ant rty Attorney
of impacts disruptive to the Future Park Site, Grantor's eventual connection to the
Improvements, the public's use of the Future Park Site, or the revision and execution of
any documents necessary to satisfy the requirements of the Grantor and/or the Grantee.
5. Compliance with Laws. Grantee shall at all times comply with any and all applicable
laws and regulations in carrying out activities on the Easement Area and the Future Park
Site, and in the performance of the terms of this Agreement.
6. DefauIt/Attorneys' Fees. If any party to this Agreement is in default in performance of
its respective obligations hereunder, such party shall have the right to an action for
specific performance or damages or both. Prior to proceeding with any such action, the
party not in default shall 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 that
one party breaches any of the terms of this Agreement after execution, or any of the terms
of the Easement after recording, the non -breaching party shall be entitled to its reasonable
attorneys' fees and costs incurred to enforce the terms.
7. Notices. All notices required herein shall be in writing and shall be complete five days
after posted in the United States mail, addressed to the party at the following address or at
such other address as is supplied to the other party in writing.
For the Grantor: City of Fort Collins
300 LaPorte Avenue
P.O. Box 580
Fort Collins, CO 80522
With a copy to: Real Estate Services
City of Fort Collins
300 LaPorte Avenue
P.O. Box 580
Fort Collins, CO 80522
For Grantee: Lennar Colorado, LLC
9990 Park Meadows Dr.
Suite 300
Lonetree, CO 80124
8. Indemnification. Grantee agrees, to the extent permitted by law, to indemnify the City,
its officers, agents, employees, representatives, successors and assigns from all claims
and liability, including without limitation the City's reasonable legal fees and costs,
including attorneys' fees, for claims made by third persons for personal injury, death or
property damage resulting from or arising out of the Grantee's use of the Easement or
2759\I 11063773.2 4
sites. The parties acknowledge that sensitive vegetation, habitat or other
natural conditions may require special effort by the Grantee to protect,
restore, or replace in the event they are disturbed by Grantee activities.
B. Following final grading and initial seeding of the Easement Area the
Grantee may, at its option, seek the issuance of the Certificate of
Conditional Acceptance from Grantor, whereby Grantor shall assume
responsibility for ongoing vegetation management, including weed
control, mowing, and reseeding, as needed, in areas disturbed and seeded.
C. Grantee shall not install any fixtures or appurtenances, or other additional
improvements of any kind in or on the Future Park Site, without the prior
written consent of Grantor, in its discretion.
D. Grantee shall have the right of pedestrian and vehicular ingress and egress
to and from the Permanent Easement Area across the Future Park Site,
provided that any such pedestrian and vehicular access shall be minimized
to the extent reasonably practicable and shall be carried out in a manner
reasonably expected to avoid damage to the Future Park Site, and subject
to Grantee's obligation to fully restore the Future Park Site in the event of
any damage thereto.
E. Grantor reserves the right to use the Easement Area for purposes that will
not unreasonably interfere with Grantee's full enjoyment of the rights
granted herein, including without limitation the right to allow or operate
other utility improvements.
F. Grantor reserves the right to connect future improvements built on the
Future Park Site or on adjacent property later acquired by Grantor to the
Improvements.
2. Consideration. Grantee's construction of the Improvements in accordance with
this Agreement, together with Grantor's right to use the same as set forth herein,
constitute consideration to Grantor for the grant of the Easement and Temporary
Construction Easement. Grantee, its successors and assigns shall not be entitled to any
consideration or repayment from Grantor for Grantee's costs incurred in construction of
the Improvements.
3. Recordation/Appurtenance. This Agreement shall be recorded in the records of the
Larimer County Clerk and Recorder by Grantee, and Grantee shall furnish evidence of
such recording to the Grantor.
4. Good Faith Cooperation. The parties agree to work cooperatively together in good faith
to effectuate the provisions of this Agreement, including but not limited to the avoidance
2759\1\f0637732 3
construction, installation, operation, maintenance, inspection, repair and replacement
of the Improvements; provided however that there shall not be any improvements
permitted that would affect the surface of the Easement Area, other than one surface
man -hole cover as shown on the Utility Plan for the Development.
Grantor also grants to the Grantee a temporary construction easement (the
"Temporary Construction Easement") over and across the property described on
Exhibit A and Exhibit B attached hereto and by this reference made a part hereof
(the "Construction Easement Area") for the purpose of constructing the
Improvements within the Easement Area. The Temporary Construction Easement
shall terminate 30 days following completion of the Improvements.
1.2 Effective Date of Easements. The Easement and Temporary Construction
Easement shall be effective upon the recording of this Agreement with the
Larimer County Clerk and Recorder. If this Agreement has not been recorded
with the Larimer County Clerk and Recorder within three (3) months of the date
of execution of this Agreement by the City; should the Grantee not obtain final
approval for the Development; or should the Improvements not be constructed as
part of the Development prior to expiration of the City's regulatory approval of
the Development, then the Easement and Temporary Construction Easement shall
terminate and have no further force and effect whatsoever, and the parties shall be
relieved of any remaining obligations hereunder as of the date of such
termination.
1.3. Terms of Easements.
A. All activities by the Grantee on the Easement Area and Construction
Easement Area, including but not limited to any access across the Future
Park Site, shall be carried out in a manner and on a schedule reasonably
expected to minimize disturbance to the natural features of said property
and the Grantor's intended purposes therefor. In the event damage occurs
from the installation, maintenance, operation, or Grantee's activities over
or within the Easement Area or the Future Park Site, Grantee agrees to
snake such repairs or take such other action as may be necessary to restore
the Future Park Site to a condition comparable to its prior condition,
including without limitation 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. Activities in any area of the
Future Park Site or Easement Area shall be completed in accordance with
the Grantor's then current specifications for comparable work on City park
2759%1\10637732 2
•
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT ("Agreement") is made and entered into this 2?0-_A
day of 2007, by and between THE CITY OF FORT COLLINS,
COLORADO, a rfiUnicipal corporation (the "Grantor"), 300 La Porte Avenue, Fort Collins,
Colorado, 80521, and LENNAR COLORADO, LLC, a Colorado limited liability company
("Grantee"), 9990 Park Meadows Drive, Suite 300, Lonetree, Colorado 80124.
RECITALS AND PURPOSES
Grantor is the owner of certain real property currently known as Tract H, Corrected Plat
of the Final Plat of Registry Ridge PUD, First Filing, located in Larimer County, Colorado, and
being replatted as Tract A, Registry Ridge, 51h Filing PDP. Said real property shall be hereinafter
referred to as the "Future Park Site".
Grantee is owner and developer of the Registry Ridge, 5`h Filing PDP, located in Larimer
County, Colorado. as originally submitted for review to the City of Fort Collins on February 27,
2007 (City of Fort Collins Planning Number 32-95I) (the "Development"), adjacent to the Future
Park Site.
Grantee has requested a perpetual, nonexclusive easement for the installation,
maintenance, inspection, operation, replacement, removal or reconstruction of one or more
sanitary sewer lines, as shown on the Utility Plan for the Development (the "Improvements")
including but not limited to all underground appurtenances thereto and one surface man -hole
cover, for the collection and service of sanitary sewer and wastewater. The Improvements may
include but shall not limited to installed lines, metering stations and other improvements, in,
over, across, under and upon the property more particularly described on Exhibit A and Exhibit
B attached hereto (the "Easement Area"), and incorporated herein by this reference; provided
however that there shall not be any surface improvements permitted within the Easement Area
other than one surface man -hole cover. Lennar has also requested a temporary construction
easement ("Temporary Construction Easement") relative to the Easement.
Grantee's construction of the Improvements will benefit Grantor by reducing Grantor's
costs for future installation of a restroom on the Future Park Site.
NOW, THEREFORE, for and in consideration of the above stated recitals and purposes,
the parties hereto agree as follows:
1. Easement.
1.1 Grant of Permanent Easement. The Grantor hereby grants, bargains, conveys,
delivers, transfers and sells to the Grantee its successors, and assigns as described in
paragraph 11, a nonexclusive, perpetual sanitary sewer and wastewater easement in
gross (the "Easement") over, under, across and through the Easement Area, for the
2759\1\1063773.2