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HomeMy WebLinkAboutWATERDALE ANNEXATION & ZONING - 27-05 - CORRESPONDENCE - EASEMENTSJAI' Ad 38 R -tJ 4q J7 --o'o I'/ 36 45' �.A 20.0 40 41 A 2 08: (b 4:2 008. [20. 08' Do. 4J p 26.07' .44 Ilk 2 07' 2 2 601.,O_r .Q.0-r 43, 415 h [— 4,6 47 P4 0 � I MA J5 I-Q 1111 . long Exhibit "2° Lot 2, Lee Minor Lot Division, Larimer County, Colorado Exhibit "1" A TRACT OF LAND SITUATED IN THE NW 1/4 OF SECTION 15, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH P.M., COUNTY OF LARIMER, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; CONSIDERING THE NORTH LINE OF THE NW 1/4 OF SECTION 15, TOWNSHIP 7 NORTH, RANGE 68 WEST AS BEARING S 89 DEGREES 15, 00" E AS DETERMINED BY MONUMENTS FOUND AT THE N 1/4 CORNER AND THE CENTER 1/4 CORNER OF SAID SECTION 15, AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO: COMMENCING AT THE N 1/4 CORNER OF SAID SECTION 15; THENCE ALONG THE EAST LINE OF THE NW 1/4 OF SECTION 15, S 00 DEGREES 07' 56" W, 110.26 FEET TO THE TRUE POINT OF BEGINNING; THENCE S 00 DEGREES 15' 39" W, 1944.95 FEET ALONG THE EAST BOUNDARY OF SAID LAND TRACT TO A NE CORNER OF A TRACT OF LAND DESCRIBED IN DEED RECORDED AT RECEPTION NO. 99069818; THENCE N 89 DEGREES 32' 23" W, ALONG A NORTH LINE OF SAID TRACT (99069818), 1417.34 FEET TO ANOTHER CORNER OF SAID TRACT (99069818); THENCE N 00 DEGREES 29' 22" E, 403,53 FEET TO ANOTHER NE CORNER (99069818) ALSO BEING THE SE CORNER OF A TRACT OF LAND DESCRIBED IN DEED RECORDED IN BOOK 1877 AT PAGE 419; THENCE N 32 DEGREES 15' 02" E, 688.50 FEET ALONG THE EAST LINE OF SAID TRACT (BOOK 1877 PAGE 419); THENCE ALONG THE SOUTH LINE OF A TRACT OF LAND DESCRIBED IN DEED RECORDED AT RECEPTION NO. 97047900, S 89 DEGREES 40' 58" E, 362.73 FEET; THENCE ALONG THE EAST LINE OF SAID TRACT (97047900), ALONG A CURVE CONCAVE TO THE NW HAVING A CENTRAL ANGLE OF 44 DEGREES 15' 03" AND A RADIUS OF 585.00 FEET, THE CHORD OF WHICH BEARS N 48 DEGREES 01' 15" E, 440.66 FEET; THENCE ALONG THE ARC OF SAID CURVE 451.81 FEET; THENCE CONTINUING ALONG SAID EAST LINE (97047900), ALONG A CURVE CONCAVE TO THE NW HAVING A CENTRAL ANGLE OF 31 DEGREES 56' 39" AND A RADIUS OF 785.00 FEET, THE CHORD OF WHICH BEARS N 09 DEGREES 55' 24" E, 432.01 FEET; THENCE ALONG THE ARC OF SAID CURVE 437.66 FEET; THENCE N 06 DEGREES 02' 55" W, 215.77 FEET TO THE NE CORNER OF SAID TRACT (97047900); THENCE N 00 DEGREES 57' 01" E, 20.09 FEET; THENCE S 89 DEGREES 02' S9" E, 312.99 FEET TO THE TRUE POINT OF BEGINNING. 10/26/2005 Gallenstein —Imago/ARP STATE OF COLORADO ) )ss COUNTY OF LARIMER ) The f regoing instrument was acknowledged before me this day of v 2005, by Douglas P. Hutchinson as Mayor and Wanda Krajicek as City Clerk for the Ci corporation. Witness my hand and off My Commission expires: 10/26/2005 Gallenstein —Imago/ARP IN WITNESS WHEREOF, the Grantor has executed this Deed of Easement the day and year first above written; and the Grantee has caused this Deed to be executed as an Agreement by its Mayor, attested to by its City Clerk, and its corporate seal to be hereunto. affixed on the Zoo " day of ©C:*'o$eVZ. , 2005. GRANTOR: American Retirement Properties, LLC, a Colorado limited lia ility company By: STATE OF COLORADO ) )ss COUNTY OF LARIMER ) he foregoing instrupent was acknowledged before me this Oy1� day of 2005, by�U l J &djjett On asM o lUentbe%f American Retirement Properties, LLC, a Colorado limited lia6ility company. Witness my hand and official seal. My Commission expires: 7��Z/D I ,VNNB�ie �� .. e Notary Public r ��r . vuy'. • Po���` °e�grFeF c ;\=� GRANTEE: City of Fort Collins a Colora unicipal corporatio By Dougla . Hutchinson, Mayor Att<gst Wanda Krajicek, CityCI c 10/26/2005 Gallenstein —Imago/ARP 5. The subject temporary emergency access easement shall be used only in emergencies by means of a remote -controlled gate which may be operated only by authorized emergency personnel. 6. Said temporary emergency access easement shall terminate automatically 30 days after any other emergency access to the Imago property which is reasonably satisfactory to the Grantee becomes available, whether as a result of development of neighboring properties or otherwise. In such event the Grantee, on its behalf, and on behalf of Imago shall execute and deliver to ARP a satisfactory termination of said temporary easement. 7. Grantor reserves the right to use said easements for purposes which will not interfere with Grantee's full enjoyment of the rights hereby granted; and the parties further agree that the uses of said easement by Grantor and the agreements concerning those uses shall be consistent with the following provisions: (a) Grantor shall not erect or construct any building or other structure, or drill or operate any well, or construct any reservoir or other obstruction, or otherwise add to the ground level in said easements; and, (b) Grantor shall not deposit, or permit or allow to be deposited, earth, rubbish, debris, or any other substance or material, whether combustible or noncombustible, on said easements. (c) Grantor shall not alter or permit the alteration of the grade or elevation of the ground surface or the composition of the overburden above or subjacent material below the Grantee's improvements. (d) Grantor shall restrict the trees and shrubs or other improvements in the easement area that may either interfere with or make more costly the Grantee's exercise of its rights under the easement. 8. The Grantor states that it is the lawful owner in fee simple of the real property described herein; that it has a good and lawful right and authority to grant, the emergency temporary access easement provided for herein. 9. Whenever used herein, the singular number shall include the plural, the plural the singular; and the use of any gender shall be applicable to all genders. All of the covenants herein contained shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, personal representatives, successors and assigns. 10/26/2005 Gallenstein —Imago/ARP DEED OF ACCESS EASEMENT THIS DEED, made this day of 2005, between, American Retirement Properties, LLC a Colorado rmited liability company ("Grantor") whose address is �,00nTaarc.����� Cr &' e�`4ndThe City of Fort Collins a Colorado municipal corporation, ("Grantee"), whose address is 300 La Porte Avenue, Fort Collins, Colorado 80521. WITNESSETH: 1. That for and in consideration of the covenants and agreements herein set forth, the sum of Ten Dollars ($10.00), and other good and valuable consideration in hand paid by the Grantee to the Grantor, the receipt and adequacy of which is hereby acknowledged, the Grantor hereby grants, sells and conveys to the Grantee, it successors and assigns, a temporary emergency access easement for emergency, fire, police, ambulance and similar emergency general access on, over and through portions of the real property situated in the County of Larimer, State of Colorado described on Exhibit 1" attached hereto and by this reference made a part hereof. 2. The parties acknowledge that this temporary emergency access easement is being granted pursuant to an agreement dated among Imago Enterprises, Inc., a Colorado corporation ("Imago") and American Properties, LLC a Colorado limited liability company ("ARP").and Lester M. Kaplan, individually and is subject to the provisions thereof. 3. Grantee acknowledges that the subject easement is only a temporary emergency access to the Imago property (said Imago property being described on Exhibit "2" hereto). The primary access to the Imago property is from Mulberry Street south on Carriage Parkway across the Clydesdale property. Said primary access and the temporary emergency access granted hereby across the ARP property (sometimes referred to as "the Waterdale Property") are depicted on Exhibit "3" hereto and incorporated herein by reference. The rights granted herein shall include the right to access said temporary emergency access easement over and across the roads in the Waterdale property, but only for the limited purposes set forth herein. 4. The temporary emergency access easement granted hereby shall be the east 20 feet of pad no. 39 in Waterdale and shall be paved in asphalt with breakaway bollards within the easement on both its northern and southern boundaries at the street intersections to mark the location of the emergency easement. The approximate location of said temporary emergency access easement is reflected on Exhibit "4", hereto. City Att ey City of Fort Collins November 18, 2005 Roger E. Clark, Esq. Clark Williams and Matsunaka, LLC 2881 No. Monroe Ave., Suite I Loveland, CO 80538 Re: Deed of Access Easement Between American Retirement Properties LLC and the City of Fort Collins Dear Mr. Clark: Enclosed herewith is the Deed of Access Easement which has been signed by American Retirement Properties, LLC and by the City of Fort Collins. As you requested in our October 29,2005, letter to me, I am returning the originally executed document to you to hold in escrow in accordance with the agreement between your client and Mr. Kaplan. Once that agreement is completed, I understand that you will record this deed and request that the Latimer County Clerk and Recorder forward the recorded document to the Fort Collins City Clerk. Sin r ly, Pau Eckman Deputy City Attorney W PE: med Enclosure(s) cc: Wa a Krajicek, City Clerk TeoShepard, Chief Planner Les Kaplan, 140 Palmer Drive, Fort Collins, CO 80525 300 LaPorte Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6520 • FAX (970) 221-6327