HomeMy WebLinkAboutEAST RIDGE - FDP - 33-98F - CORRESPONDENCE - EASEMENTSPage 1 of 1
Steve Olt
From: "MATTB" <mattb@jimselldesign.com>
To: "'Susan Joy"' <sjoy@fcgov.com>, "'Steve Olt"' <SOLT@fcgov.com>, "'Ryan Banning"'
<rbanning@tstinc. com>
Date: 7/13/2009 11:54 AM
CC: "'Sheri Langenberger"' <SLangenberger@fcgov.com>, "'Steve Dush"' <SDush@fcgov.com>,
<CI"Ti@msn.com>, <Yontahey@aol.com>, <ksheaffer@tstinc,com>, "'Steve Humann"'
<shumann@tstinc.com>, "'Brian W"' <brianw@jimselldesign.com>
Steve, Susan, Ryan, et. al.,
We have recorded the Whitham Easement at the county and now have a reception number. The number is
#20090047697. 1 have also attached the receipt indicating that number. A copy will be sent to our office and we
will distribute them as necessary. We also have a copy of the original easement agreement that was recorded
and will be dropping that off shortly.
In addition we will be delivering the signed mylars of the Site and Landscape Plans to the City momentarily.
Thanks,
Matt
Matthew J. Blakely, ASLA, LEED AP
Jim Sell Design, Inc.
153 West Mountain Avenue
Fort Collins, Colorado 80524
(970) 484-1921 ext. 15
(970)484-2443 Fax
(970) 388-7488 Mobile
mattb j1m.5eAdoS2:.oQm
wWOM-SeAd si n.com
file://C:\Documents and Settings\solt\Local Settings\Temp\GW}00001.HTM 7/13/2009
EASTRIDGE
WITHAM FARMS
TEMPORARY CONSTRUCTION AND GRADING EASEMENT
FORT COLLINS, COLORADO
NW CDR 9-7-68
TO. 2-JS' ALUM. CAP
00 5?7"10'w STAMPED 28285 1N MCA. 80A
80,00 (POINT OF COMMENCEMENT)
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EAST RIDGE OF FORT hl I
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NO 20020132127 m! !
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TEMP. CONST. AND j w TNAM FARMS, LLC, REC.
GRADING ESMT. NO, 2001120159
55,907 SOFT. ! (FUTURE OEv)
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WEST 1/4 CDR 9-7-68
FOUND !8 REBAR w 2-
STAMPED LS 7839
'NOTE: TWS EXHIBIT TIRAWING 15 NOT
INTENDED TO BE A MONUMENTED LAND
SURVEY. ITS SOLE PURPOSE IS AS A
GRAPHIC REPRESENTATION TO AID IN THE
%ASUAUZATM OF THE WRITTEN PROPERTY
OESCIPRON wWCH IT ACCOMPANIES. THE
%RITTEN PROPERTY DESCRIPTION
SUPERSEDES THE E101181T DRAWING.'
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H-M ACRES
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Exhibit "C"
WHITHAM FARMS, LLC
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION AND GRADING EASEMENT
A TRACT OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 9,
TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH P.M., CITY OF FORT COLLINS
COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 9, T7N, R68W,
SAID POINT BEING MARKED BY A 2 '/Z" ALUMINUM CAP STAMPED 28285 AND
CONSIDERING THE WEST LINE OF THE NORTHWEST QUARTER OF SAID
SECTION 9 TO BEAR N00°17'10"E, (WEST QUARTER CORNER OF SAID SECTION
9 BEING MARKED BY A NO. 6 REBAR AND 2" ALUMINUM CAP STAMPED LS 7839),
WITH ALL OTHER BEARINGS RELATIVE THERETO;
THENCE ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID
SECTION 9, S00017'10' W, 80.00 FEET TO THE POINT OF BEGINNING;
THENCE S89042'50"E, 38.00 FEET;
THENCE PARALLEL TO AND 38.00 FEET DISTANT FROM THE WEST LINE OF THE
NORTHWEST QUARTER OF SAID SECTION 9, S00°17'10"W, 1,471.23 FEET;
THENCE N89042'50"W, 38.00 FEET TO A POINT ON THE WEST LINE OF THE
NORTHWEST QUARTER OF SAID SECTION 9;
THENCE ALONG SAID WEST LINE, N00017'10"E, 1,471.23 FEET TO THE POINT OF
BEGINNING.
SAID TRACT CONTAINS 1.28 ACRES (55,907 SQUARE FEET) MORE OR LESS AND
IS SUBJECT TO ALL RIGHTS -OF -WAY, EASEMENTS, AND RESTRICTIONS OF
RECORD, OR THAT NOW EXIST ON THE GROUND.
1 of 2
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P.
L#WI# K•&
"The East Ridge Property"
A tract of land situate in the Northeast 1/4 of Section 8, Township 7 North, Range 68 West of
the 6th P.M., Larimer County, Colorado, which considering the North line of said Northeast 1/4
as bearing South 89011' East and with all bearings contained herein, relative thereto, is more
particularly described as follows:
Beginning at a point on the West line of said Northeast 1/4 which bears South 00*23' West,
80.00 feet from the North 1/4 corner of said Section 8; thence South 89011' East 2610.78 feet
along the South line of the Colorado and Southern Railroad to a point on the East line of said
Northeast 1/4; thence South 00002' East, 2,566.49 feet to the East 1/4 corner of said Section
8; thence North 89°10' West, 2,285.45 feet along the South line of said Northeast 1/4; thence
North, 00023' East, 56.00 feet; thence North 89010' West, 344.00 feet to a point on the West
line of said Northeast 1/4; thence North 00023' East, 2,509.51 feet to the Point of Beginning,
Except those parcels conveyed to E. H. Barker and Patricia R. Barker by Deed recorded
December 6, 2002 at Reception No. 2002132131, County of Larimer, State of Colorado.
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Exhibit "A"
The "Whitham Property"
The Northwest 'I< of Section 9, Township 7 North, Range 68 West of the 6th
P. M., except Right of Way for County Road 48 and except Right of Way in
Book245 at page 77, County of Larimer, State of Colorado.
r
by East Ridge, its contractors, subcontractors, agents or employees upon the Whitham
Property.
8, East Ridge shall not allow any hazardous substance to be deposited on the
.Easement .Premises and shall indemnify and hold harmless Whitham and the Whitham
Property from and against any and all loss, cost or expense incurred by Whitham as a
result of any hazardous substance deposited on the Whitham Property by East Ridge, its
contractors, subcontractors, agents or employees.
9. In the event of default in the performance of any of the terms or conditions
of this Agreement, the party in default expressly agrees to pay all costs and expenses,
including reasonable attorneys' fees incurred by the nondefaulting party in enforcing this
Agreement.
10. This Agreement shall be binding upon and inure to the benefit of the parties
hereto and their respective successors and assigns.
IN WITNESS WHEREOF, the parties hereto have executed this Temporary
Construction Easement and Agreement as of the day and year first above written.
WHITHAM FARMS, LLC, a Colorado
limited liability company
Bv:
Mago. Whitham, Manager
EAST RIDGE OF FORT COLLINS, LLC,
a Colorado limited liability company
By:-
y L. Strauss, Member/Manaa Et
a
TEMPORARY CONSTRUCTION EASEMENT AND AGREEMENT
—Z�ad�
THIS TEMPORARY CONSTRUCTI0*3 SEMENT AND AGREEMENT is
made and entered into this " day of ice, 009, by and between WHITHAM.
FARMS, LLC, a Colorado limited liability company, the address of which is c/o Mi..
David W. Whitham, 0189 Arrowhead Bluff, Silverthorne, CO 80498 ("Whitham"); and
EAST RIDGE OF FORT COLLINS, LLC, a Colorado limited liability company, the
address of which is cio Ms. Darlene Schuster, P.O. Box 273150, Fort Collins, CO 80527
("East Ridge").
WHEREAS. Whitham is the owner of the real property described on Exhibit A
attached hereto and incorporated herein by reference ("the Whitham Property"). ..
WHEREAS, East Ridge is the owner of the real property described on Exhibit B.
attached hereto and incorporated herein by reference ("the East Ridge Property").
WHEREAS, the westerly most boundary of the Whitham Property is also the
easterly most boundary of the East Ridge Property ("the Common Boundary").
WHEREAS, East Ridge intends to develop the East Ridge Property as a
residential subdivision ("the Subdivision").
WHEREAS, in connection with its development of the Subdivision, it will be
necessary for East Ridge to enter upon that portion of the Whitham Property described on
Exhibit C attached hereto and incorporated herein by reference ("the Easement
Premises"), and grade the Easement Premises to match the grade of the Subdivision at the
Common Boundary ("the Work").
WHEREAS, Whitham is willing to grant to East Ridge a temporary construction
easement ("the Easement") over and across the Easement Premises for the purpose of
performing the Work.
NOW, THEREFORE, for good and valuable consideration, the receipt and
adequacy of which are hereby confessed and acknowledged, the parties hereto agree as
follows:
1. Whitham hereby grants, bargains, sells and conveys to East Ridge a non-
exclusive, temporary easement over and across the Easement Premises for the purpose of
performing the Work. The Easement herein granted shall automatically terminate upon
completion of the Work, three (3) years after recording of the plat of the Subdivision in
the office of the Clerk and Recorder of Larimer .County, Colorado, or April 15, 2015,
whichever date first occurs.
JF
Page 1 of 1
Steve Olt - scan
From: "Keith Sheaffer" <ksheaffer@tstinc.com>
To: "Susan Joy" <sjoy@fcgov.com>, "Steve Olt" <SOLT@fcgov.com>, "Ryan Banning"
<rb anning@tstinc. com>
Date: 7/13/2009 12:01 PM
Subject: scan
CC: "Sheri Langenberger" <SLangenberger@fcgov.com>, "Steve Dush" <SDush@fcgov.com>,
<I"1"Ti@msn.com>, <Yontahey@aol.com>, "Steve Humann" <shumann@tstinc.com>,
"Brian W" <brianw@jimselldesign.com>
Susan,
Here is the pdf of the Whitham easement per your request. I believe Matt Blakely just sent you the reception
number. Please contact Ryan or myself regarding any further info.
Respectfully,
TST, INC.
Keith G. Sheaffer, PE
748 Whalers Way
Fort Collins, CO 80525
970.226.0557
970.226.0204 fax
www.tstinc.com
This file(s) contains electronic horizontal and/or vertical design information, which has been used by TST, Inc., in the formulation of final development
and/or construction documents. This electronic information may be used exclusively by the party designated on the attached transmittal letter for
information purposes only. By receiving this electronic information, the receiver agrees that this data may not be transferred to any other party, that this
electronic information may not necessarily represent the information shown on the recorded or approved final development and/or construction
documents, and that the receiver is responsible for verifying the information contained within the electronic data against the recorded or approved
documents.
From: Mindi McBryant
Sent: Monday, July 13, 2009 11:27 AM
To: Keith Sheaffer
Subject: scan
Alin di L. lt'IcBryanr
TST, Inc.
748 Whalers Way
Fort Collins, CO 80525
Phone:(970)226-0557
Direct: (970)488-2103
.,Fax:(970)226-0204
Email: mmcbryant@tstinc.com
Web: www.tstinc.com
file://CADocuments and Settings\solt\Local Settings\Temp\GW}0000l.HTM
7/13/2009