HomeMy WebLinkAboutRIDGEVIEW CLASSICAL SCHOOL PHASE IV ADDITION - SPAR - 16-01A - REPORTS - LEGAL DOCUMENTS■
i4.01 rnn vtv40400[1 P11AL bLX1'UL! 1.1E-A%A
0 008/008
A-�
.rr'✓...•• .
1::'%�saiyi✓. .
82209 ?1847
587374
COUNTY OF LARIMER
RATIFICATION
0 SEP 14 PH Lr 01
STATE OF COLORADO
Rockwiilow Partnership, a partnership Consisting of Bartran Homes,
Inc., a Colorado corporation, and A & R Enterprises, Ltd., a Colorado limited
partnership, being the present owner of the property described in Exhibit 'B"
to the attached Reciprocal Easement Agreement hereby accepts, consents to,
ratifies and joins in the said Reciprocal Easement Agreement,
Dated September , 1984. .
;STATE' VP GO GM9
r ii•`�Fi. :v�iRM1�7 7 �iIT::�J���
�jY w
ROCKWILLOW PARTNERSHIP
By: Bartran homes, Inc., a
Colorado Corporation,
Partner
By.
am D. Bartran, President
By: A 6 R Enterprises, Ltd., a
Colorado),+1%jted
Partite i
By:
{
Arthur-F. Paterson,
Genera droner j
Rdbert 8. Patersons !
General partner 1
)ss,
n5-Vvment was acknowl edged before me this � day of
ULIAM D. BARTRAN as President of Bartran Homes, Ipc., a
,W ARNUR F. PATERSON and ROBERT S. PATERSON, the
A & it Enterprises, Ltd., a Colorado Limited Partnership,
willow Partnership.
$i►);AL SEAL. My cort on pares:
C
jm Addre s:U is
I1DE,MK 8T.
FT. COLD R, CO f
APR-11-2003 02:13PM TEL)9704848627 ID)RIDGEVIEW CLASSICAL PAGE:008 R=%%
R
04/11/2003 FRI 12:37 FAX 9704848627 MIKE BERTOLETTE-AXA
10007/008
Wes F f 648
EXHIBIT " B "
Rockwillow, a Multi -Family Planned Unit Development,
according to the amended plat of said Subdivision, recorded in
Book 2171 at Page 199 of the records of the Larimer County Clerk
and Recorder.
APR-11-2003 02:13PM
TEL)9704848627
�r,
S.
1
ID)RIDGEVIEW CLASSICAL PAGE:007
R=96%
w
u4/11icuU4 kK1 Iz:J7 rnx 9704848827 RAKE BERTOLETTE-AYA
9 006/008
EX41BIT A
A tract of land situate in the Northwest 1/4 of SeCtirn 19,
Township 7 North, Range 68 West of the Sixth P.M., City of
Fort Collins, County of Larimer, State of Colorado, which
considering the Wmst line of said WoxLhwest 1/4 as bearing
N7Y*h and South, and with all bearings contained herein
relative thereto, is contained within the boundary lines
which begin at a point which bear:: tiorLhi C73.40 feel, ana
again East 50.00 feet from the west 1/4 corner of said
Section 19, and run thence Mort,i, 390.G0 feet; thence along
the arc of a 15.00 foot radiuu curve to the right a distance
Of 23.56 feet, the long chord of which bears N 45*00' F.
71.21 feet; thence La*t 425.00 feet; thence along the arc of
a 15.00 foot radius curve: to the right a distance of 23.56
feet, the long chord of a;3ich bears S 4500(3' E 21,21 feet;
thence South 11.5.00 feet; Liie:nce along the arc of a 180.30
foot radius curve to the right a distance of 97.55 feet, the
long chord of which bears 5 15930, W 96.37 feet; thence S
31*00' W 306.00 feet; t))ence N WDO' 11 158.96 feet; thence
hest 1.34.36 feet to the point of beginning.
Also known as 1800 South LePjay, Fort Collins. Colorado, 80525.
J
APR-11-2003 02:12PM
TEL)9704848627 ID)RIDGEVIEW CLASSICAL PAGE:006 R=96%
U4/11/2UU3 FRI 12:3U FAX 970484852T MIKE BERTOLETTE-AXA
160051008
02280 P 1653
BARTRAN HOMES, INC.r
a Colorado corporation
By: Bps
Press. ent
A R itPRISES . ,
a Co rac3 Limi artn s
B r
G ra.l PartnP-r
STATE DP COLORADO 1
WfMft dk' LARIMER 1
'the foregoing instrument was acknowlepged before me this
,�"
,, tray O f I9 R a , by G, , eb �n ��. c , as
r i• � �,.. eat esf Qit.6 first Assembly of God, a Colorado corporation;
�".. gvanw . , as President of Partran Homes. Inc., a
O-Tora to Cot-p'brab on: and f= r xx/. as General Partner
1trberprises, Ltd., a Iolora o Limited Partnership.
MY Cown&sihr ExoiliTs Woasmh8r 4, lUt,
lily-eommiasidn oxpires _&49 p•W"4' c . Fort efd1jos. CO 80529
Notary Public �.
.'. °; ;=>•:. Address
APR-11-2003 02:12PM TEL)9704848627 ID)RIDGEVIEW CLASSICAL PAGE:005 R=96%
U4111/LUU6 tKI 1L:36 YAA U7U4d46UZT MIKE BERTOL.ETTE-AXA
10004/008
r
92•2 8 9 P 16 5.2
7. Easements Appurtenant/Assignment.
The rights..dutiae, benefits, and obligations obtained herein
are appurtenant to and shall run with the land and shall be
perpetual. in duration provided the same may be amended, modifiede
or cancelled in whole or in part by the agreement of both parties
with the consent of all :mortgagees holding an encumbrance against
either the Church property or the Developer's property, and the
City of Fort Collins, Colorado. The parties agree that the
Develoepr intends to sell .individual office buildings and/or
portions thereof to dies:event users and to create a nonprofit
association to own, manage, and control Common areas, including
parking facilities_ The Developer may assign its rights under
this easement agreement to such association, provided the associa-
tion assumes all of the 0:veloper's obligations hereunder. ,
R. Remedi(is.
In the event either party shall fail to perform any obliga-
tion owing by a party hereunder, the other party may perform such
obligation and shall be entitled to recover the cost of so per-
forminq from the party responsible to perform such work, together
with interest on any amount expended by the other party from the
date of expenditure at the legal mite provided under the laws of
the State of Colorado, and all reasonable attorney's fees and
costs incurred in collecting such amount. Collection may be
enforced by all nights and remedies provided in law or equity from
time to time.
9. 6ucs;essoxs and Aaatgna.
The rights; benefits, duties, and obligations contained
herein and the provisions hereof shall be binding upon and inure
to the benefit of sacia party hereto, its successors and assigns.
IN WITNESS WHEREOF, the parties hereto have eseouted this.
agreement as of the day and year first above written.
THE FIRST ASSEMBLY OF GOD,
a Color cor Lion
By:
ai e>t
_4-
APR-11-2eW 02:12PM TEL)9704848627 ID)RIDGEVIEW CLASSICAL PAGE:004 R=96%
����• �...... .w. i...ov rwv orvYv3vvG1 P11AL DLIIIVLLIIL-AAA
10003/008
B2289 P1651
and nn the h-tvolnper'e drops-rfy. Thi, obligation on Developer
shall commence when the parkins, lot on Developer's property is
installed and thereafter Developer shall provide all snow removal
required to make such parking lots useable and available for users
of both the Church property and the Developer's property at all
times. Any other maintenance required on the parking lot shall. he
provided and performed by thF owner of the parking lot. Fach
party shall maintain their parking facilities in good and useable
condition at all times.
4. Construction.
Developer.shall construct the parking lot on its property in
accordance with the P.U.D. approved by the City of Port Collinu.
If any modifications or changes Are recuired to the parking on the
Church property or the access thereto as a condition of the City's
approval, the Church will reasonably consider allowing such
changes and, if allowed, any such changes shall be performed by
the Developer at Developer's expense.
S. Insurance.
Each party agrees to continuously maintain public liability
insurance covering their respective properties and, if possible,
to name the other party as an additional insured on such policies.
The insurance required hereunder shall be issued by insurance
companies of recognized financial strength licensed to provide
such insurance in the state of Colorado and shall contain no less
than a combined sinale limft, of $500,000.00 for personal injury,
including death, and $25,DD0.00 for property damage, including
loss thereof. • Each party shall provide reasonable evidence of
such insurance to the other, party upon request therefore.
6. Dse of Parking/Reservation.
Bach party shall provide free and unobstructed ingress and
egV006 over and across the parking facilities on their respective
properties. Neither party shall permit any structures or improve
uents to be placed or. the parking lots. The Church may reserve
for its -exclusive use: parking spaces on the Church property
vagolvod to provide adequate paxkina during weekdays for its
clergy, staff, and visitors. A maximum of 20 spaces in location
or lioM i.onm to be selectee* by Lite Chnrvh may be reserved pursuant
to this provision.
-3-
RPR-11-2003 02:11PM TEL)9704848627 ID)RIDGEVIEW CLRSSICRL PRGE:003 R--%%
-�. �....., .,.. "' 00 rnn V I V40400c i RIAt lftlt'1ULh11E-AXA
1@ 002/008
8.2289 ?1 658
1. Declaratit+n of resements.
1.1 The Church =;ereby establishes for the benefit of
the Developer, Its successors and assigns, a nonexclu-
sive easement for ingres3, egress, and parkino over and
across than portion of the Church property described aid
identified in Exhibit "c" attached hereto. Pursuant to
this easement, the Developer, its successors and
assigns, an:9 employees, customers and invitees may
utilize such parki" during weekdays (Monday through
Saturday) in connection with the ownership. and operation,
Of offices and facilities to be constructed on the
Developer's property.
1.2 The Develorier hereby grants unto the Church, its
members, invitees, and other users of the Church prop-
erty,; a none3ccluFi.ve easement for ingress, egress o and
parking over and across all surface parking spaces to be
constructed on the Devtioper°s property. Such parking
spaces shall be identifiedl and laid out on the P.U.D. to
be submitted by the pcoeloper in connection with the
development of its property and approved by the City.
The Church shall have the right to use such surface
parking facilities on weekends (Saturday, Sunday, and
evenings).
E
2. Contingency.
The within agreement is contingent upon the Developer obtain-
ing approval of a planned unit development (herein "P.U.D.") to be
submitted by Developer to the City of Fort Collins, Colorado,
Such P.9.04 shall provide hor c0n5tt0Ction of office buildings
intended primarily for use by doctors, physicians, and other
persons associated with the medical profession or business.
Developer has commenced its work to prepare such P4U.D. and-ah.011
one its beat efforts to complete the same and gain approval of 'the
P.U.D. from the city of Fart Collins, If such ap[irov-al id noW
received from the City of Fort Collins by September 1, 1994, this
agreement shall terninate and shall be of no further force or
effect.
3. ftit►tenance or larking seellities.
Developer agrees to ,provide for gnaw removal on the parking
lots and main Sidewalk on Stuart'and Lemay on the Church property
-Z-
APR-11-20W O2:11PM TEL)97O4848627 ID)RIDGEVIEW CLASSICAL PAGE:OO2 R=96%
ti
i
' --�� ..a.. ���ar�vv�� �•alal.i LY111VYY11l.:L�AAA
L9jUUI/Vut7
5-2209 Pi9k9
587375
COUNTY OF LARIMER
BF.CTPR4CAI.. f:ASFMEMT AGREEMENT
Wk SIP 14 PH 4: 02
STATE OF COLORADO
This agreement is node this pqq - day of March, 1984, by and
between the First Atisembly of Gou, a Colorado nonprofit corpora-
tion, party of the first part, hereinafter sometimes referred to
as the "Church", and Bartran Homes, Inc., a Colorado corporation,
and A ir R Enterprises, Ltd., a Colorado limited partnership,
parties of the second Hart, herein sometimes referred to as
'Developer";
wiTPIFSSFs'11.
WHEREAS, the Church owns the real property more particularly
described in Exhibit "A" attached hereto and by this reference
Incorporated herein, and
Off -MA&,, :the Developer
ft-hibit "B" attached hereto
herein, and
owns the real property described in
and by this reference incorporated
MAMAS, the property of the Church is located at the south-
east corner of the intersection of Lemay Avenue and east Stuart
S*reef,., is the City of Fort Collins, Colorado, and the property of
--the-'-1*vel>por is located at the northeast corner of said inter-
.- 4btior-r, and
irIRSREAB, the Church property is developed as the site of a
chii�pbp which is prinari ly uapd on weekends, and the Developer
ietsdif to -develop its property as a condominium medical office
Jbif rg and facility, which will he primarily used on weekdays,
V1tMp, it is to the mutual advantage of both parties to
%e of ,parkina facilities on their respective properties
h$ i}Arklnq needs for the Church occur an weekends and the
--needs for the office development will occur on weekdays.
in Consideration of the premises, the cove-
s herein contained, and for other good and
)n, the receipt and suffioseney of which are
by each party, the Church and the Developer
I
I
APR-11-2003 02:10PM TEL)9704848627
ID)RIDGEVIEW CLASSICAL PRGE:001 R=96%