HomeMy WebLinkAboutHOME INSTEAD PLAZA - PDP/FDP - FDP130042 - LEGAL DOCS - ACCESS, UTILITY, DRAINAGE EASEMENTNORTHWEST CORNER
SEC. 36—T7N—R69W
FOUND 2-1/2" ALUM. CAP
STAMPED "LS 14823 1994"
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HOME INSTEAD PLAZA
L=26'00'57"
R=57.06'
I! 20EMERGENCY
ACCESS EASEMENT
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L=25.91'
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CH=25.69'
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CB N26'39'10"E
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\ - A=23'32'14"
\ \ R=46.42'
-73'34'22"
\ \ L=19.07'
R=23.07'
) CH=18.94'
L=29.62'
^ / CB S11'46'07"W
CH=27.63'
°> S02'17'14"E
CB N54'55'23"E
2 2.92'
N 72'31 ' 47"E
POINT OF
BEGINNING
6.10'
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L=7.34' �� o
1 p=3'23'38"
CH=6.35' � \N
\ R=560.00'
CB S54'52'44"E \�
PARCEL 1SF \
,—_1----L=33.17'
CH=3117'
007O34ACRES
ICB N08'43'34"W 80-17,
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-- 8"UTILITY EASEMENT
REC. NO. 86012669
CB = CH
3 I
WEST QUARTER CORNER
SEC. 36—T7N—R69W
FOUND 3" BRASS CAP
SET IN CONC. STAMPED "CITY
OF FORT COLLINS LS 17497"
P01NT OF COMMENCEMENT —
UNITED STATES POSTAL SERVICE
PART OF LOTS 17 €c 19,
OBSERVATORY HEIGHTS
EXHIBIT A
ACCESS EASEMENT
JOB NO.3969200
DECEMBER 17, 2013
SHEET 1 OF 1
J-R ENGINEERING
A We Vian Conpay
Cenlffw" 303-740-M • CJYa± Sates 719-593--z
WAS PREPARED UNDER MY RESPONSIBLE Odd (THE BASIS OF MY
KNOWLEDGE, INFORMATION, AND BEL IjQI / J
V"y �bLli2 m•
�%D P. L
MICHAEL S. BRAKE, PROFESSIONAL ENGINEMmAWLAND SURVEYOR
COLORADO PE-PLS NO.28262
FOR AND ON THE BEHALF OF JR ENGINEERING LLC.
THIS LEGAL DESCRIPTION DOES NOT CONSTITUTE A TITLE SEARCH BY JR ENGINEERING TO
DETERMINE OWNERSHIP OF THIS TRACT OR VERIFY EASEMENTS OF RECORD. JR ENGINEERING AND
THE SURVEYOR OF RECORD ASSUMES NO RESPONSIBILITY FOR OWNERSHIP RIGHTS OR EXISTING
EASEMENT RIGHTS AND RECOMMENDS CONSULTATION WITH AN ATTORNEY.
LEGAL DESCRIPTION
ACCESS EASEMENT
A PORTION OF THE NORTHWEST ONE -QUARTER OF SECTION 36, TOWNSHIP 07
NORTH, RANGE 69 WEST OF THE 6th PM, CITY OF FORT COLLINS, COUNTY OF
LARIMER, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BASIS OF BEARING: THE WEST LINE OF SAID NORTHWEST ONE -QUARTER, IS
ASSUMED TO BEAR N00029'36"W, WITH A DISTANCE OF 2,644.34 FEET BETWEEN
SAID MONUMENTS.
COMMENCING AT THE WEST ONE -QUARTER CORNER OF SAID SECTION 36;
THENCE N00029'36"W, ON SAID WEST LINE, A DISTANCE.OF 146.25 FEET;
THENCE N89030'24"E A DISTANCE OF 774.69 FEET, TO A POINT ON THE EASTERLY
RIGHT OF WAY OF JFK PARKWAY AND THE POINT OF BEGINNING;
THENCE N89011'32"E A DISTANCE OF 21.39 FEET, TO A POINT OF NON -TANGENT
CURVATURE;
THENCE ALONG THE ARC OF A CURVE TO THE LEFT WHOSE RADIUS POINT BEARS
N01042'34"E, HAVING A RADIUS OF 23.07 FEET, A CENTRAL ANGLE OF 73034,22"
AND AN ARC LENGTH OF 29.62 FEET, TO A POINT OF NON -TANGENCY;
THENCE N13017'14"E, A DISTANCE OF 19.44 FEET TO A POINT OF NON -TANGENT
CURVATURE;
THENCE ALONG THE ARC OF A CURVE TO THE RIGHT WHOSE RADIUS POINT
BEARS S76-21'18"E, HAVING A RADIUS OF 57.06 FEET, A CENTRAL ANGLE OF
26000'57" AND AN ARC LENGTH OF 25.91 FEET, TO A POINT OF NON -TANGENCY;
THENCE S 17°20'50"E A DISTANCE OF 27.21 FEET, TO A POINT OF NON -TANGENT
CURVATURE;
THENCE ALONG THE ARC OF A CURVE TO THE LEFT WHOSE RADIUS POINT BEARS
S66027'46"E, HAVING A RADIUS OF 46.42 FEET, A CENTRAL ANGLE OF 23032'14" AND
AN ARC LENGTH OF 19.07 FEET, TO A POINT OF NON -TANGENCY;
THENCE S02017'14"E, A DISTANCE OF 2.92 FEET, TO A POINT OF TANGENT
CURVATURE;
THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE
OF 105010'59", A RADIUS OF 4.00 FEET, AN ARC LENGTH OF 7.34 FEET, AND A
CHORD BEARING OF S54052'44"E TO A POINT OF TANGENT;
THENCE N72031'47"E, A DISTANCE OF 6.10 FEET;
THENCE S I7°20'50"E, A DISTANCE OF 28.72 FEET;
THENCE S79049'26"W A DISTANCE OF 80.17 FEET TO A POINT OF NON -TANGENT
CURVATURE AND THE EASTERLY RIGHT OF WAY OF JFK PARKWAY;
THENCE CONTINUING ON SAID EASTERLY RIGHT OF WAY OF JFK PARKWAY
ALONG THE ARC OF A CURVE TO THE RIGHT WHOSE RADIUS POINT BEARS
N79034'37"E, HAVING A RADIUS OF 560.00 FEET, A CENTRAL ANGLE OF 03023,38"
AND AN ARC LENGTH OF 33.17 FEET TO THE POINT OF BEGINNING.
CONTAINING A CALCULATED AREA OF 0.073 ACRES.
I, MICHAEL S. BRAKE, A COLORADO LICENSED PROFESSIONAL ENGINEER AND
LAND SURVEYOR, DO HEREBY STATE THAT THE ABOVE LEGAL DESCRIPTION
RECEPTION#: 20140036274, u7/08/2014 at 09:56:57 AM, 16 OF -6, Angela Myers,
Clerk•6 Recorder, Larimer County, CO
tS
M 36-T711-OW
IND 2-1/r Am CAP
I STAMPED U 14623 1294`
LOT 7
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I I L-2S.91'
CH-2S^69'
sit . C6 N26.39'10'E
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I 6-73'34'22'
i R-23.Oi
I L-29.62'
I i CH-27.63'
CB N5435'230E
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L-19.07'
1 CO S11'48b7'W
SM l7'14'E
2.92"
^� N72'31'474E
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r---6'uTgiTY EASEMENT
I REC. NM 66012669
I
I VEST QUARTER CORNER
SEC. 36-TIN-ROW
FOU11D r BRASS CAP
SET IN COW. STAMM 'CITY l -
CF FORT COWS: LS 17487`
POMP w QoMlommmD+r l
AM SUN$ PORN. SO %WC
PART V Lars O A 1%
camVATORY HOWTS
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AGM USEMW
DBO� 17, 2M3
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A.,...AM
RECEPTION#: 20140036274, _1/08/2014 at 09:56:57 AM, 15 OF 16,"Angela Myers,
Clerk 6 Recorder, Tarim County, CO
WAS PREPARED UNDER MY AM
KNOWLIMCK MFORMATIOK AND
THE BASM OF MY
MICHAM L BRAKE, PROFUSIO1fA1, W4006MR70MTLAND SURV
COLORADO FBa S UM 2=
FOR AND ON TM BRULF OF JR 3MR48MRM LLC.
TIMLBML06lRMPTMN006MNOTO WMfTBAMUBBAIMXBTSRBNO
DEVEMINBOWNSUMCF110TRACTORVEMBAIDAM OVRBOOW
THE SURVEYOR OF SBOORDASSUMBSNO gliSPONMBBM FOROWNERIW R
BASEMENT RURnSANDR SCOMLTATMWITIIANATTORNEY.
0
RECEPTION#: 20140036274,'07/08/2014 at'09:56:57 AM,'14 OF L6, Angela Myers,
Clerk 6 Recorder, Larimer County, CO 1.
EXHIBIT "D"
TO
ACCESS EASEMENT
A PORTION Of THE NORTHWEST ONE-QWIRTER OF SECTION 34 TOWNSHIP 07
NORTH. RANGE M WEST OF THE M PM. CITY OF FORT CMIDM COUNTY OF
LARMIR, STATE OF ODLARAM' MORE PARTICULARLY Dom, AS
FOLLOW&
HAMS Of R$ARM0. THE WRST IBM OF SAID NORTHWEST ONE QUARTER, LS
ASSUMED TO BEAR N00M036"W, WITH A DISTANCE OF 2A44.34 FRET BS[IVBBN
SAID MMUMENTS.
CO&94EN®4O ATTHE WBSTON94QIJARTBRCORNBROF SAE) SECTION 36;
THENCE N00'V3V VV, ON SAID WEST LINE, A DISTANCE OF 146M VIM
THENCE N0!'3nNB A DISTANCE OF 774AP FEBT..TO A POINT ON THE EASTERLY
RIGHTOAF WAY OF JFK PARKWAY AND THIS POWr OY MCOMM.
TH OM NEST ME A DISTANCE OF 21.39 FELT, TO A POINT OF NON -TANGENT
CURVATURE;
THENCE ALONG THE ARC OF A CURVE TO THR LEFT WHOSE RADIUS POINT SEARS
MI'Q74"E, HAVING A RADIUS OF 2357 FEET. A CENTRAL ANGLE OF 730342T
AND AN ARC LENGTH OF 29.M FEET, TOA POIM'OFINON•TANOENCY;
THENCE N130IT14"E, A DISTANCE OF-19A4 PEEP TO A POINT OF NOWTANGE3NT
CURVATURE;
THENCE ALONG THE ARC OF A CURVE -TO -THE RIGHT WHOSE RADRJS POIM
BEARS S7N I'IS"E, HAVING A -HAD= OF.S7A6 FEET'. A coniNAL ANGLE OF
26"00'37• AND AN ARC LONOTH OP 25.91 FEET, TO A POINTOF NON -TANGENCY:
THENCE SI742OWS A DISTANCE OF 2711 FEET, M. A POINT OF NON-TANOENT
CURVATURE;
THENCE ALONG THE ARC OF A CURVE TO THE LEFT WHOSE RADIUS POINTBF.ARS
S66'274C& HAVING A RADIUS OF 46A2 FEET. A CENTRAL. AMOLE OF Un2'14 AND
AN ARC LMNOTH OF 19A7 F13BT,TOA POIN TOP N0117ANGENCY,
THENCE S0PIT14`N. A DISTANCE OF L92 FEET, TO A POINT OF TAM08N1'
CURVATURE;. '
THENCE ALONG THE ARC OF. A CURVE TD THE LEFY' HAVHNU A CENTRAL ANULK
OF 10S'10WS A RADIUS OF 4A0 PEST. AN ARC LENGTH Of 7.34 FEET, AND A
CHORD HEARING OFSSM'4N"N TOA POINTOFTANGBM.
THENCE N7P3MM A DISTANCE OF 6.10 FEET;
THENCE S17"20rSM A DISTANCE OF 2L72 FEBr,
THENCE 97PWWW A DISTANCE OF MI? FEET TO A POINT OF NON -TANGENT
CURVATURE AND THE EASTERLY RIGHT OF WAY CU JFK PARKWAY;
THENCE CONTINUING ON SAID EASTERLY RIGHT OF WAY OF JFK PARKWAY
ALONG THE ARC OF A CURVE TO THE RIGHT WHOSE RADIUS POINT BEAU
NWM'3M HAVING A RADM OF $M00 PET. A CENTRAL ANGLE OF 03"239NY
AND AN ARC LENGTH OF 33.17 PEETTOTHE PORNT03►1>a DMMG.
CONTAINING A CALCULATED AREA OF 0A73 ACRES.
L MICHAEL S. BRAKE. A COLORADO LICIINSEI) PROFESSIONAL ENGINEER AND
LAND SURVEYOR, DO HERM STATE THAT THE ABOVE LEGAL DESCRIPTION
RECEPTION#-. 20140036274,-1/08/2014 at 09:56:57.AM, 13 OF 16, Angela Myers,
Clerk 6 Recorder, Larimer County, CO
r
RECEPTION#: 20140036274, 07/08/2014 at 09:56:57 AM, 12 OF 16, Angela Myers,
Clerk 6 Recorder, Larimer County, CO
IN WWnTan. HEMP, ft a d Is we 1hi 20 dey of8ep =*w. 2005.
i (Corporals 8w)
BUYER'S NAM& Lany D. Moomey. loft L Moomay, Juatln D. Mooeiey end Eft N.
s
tea.. ♦..t....e
By: Erin N. Moomey v iusuWD. moomey v
Thk . Patna Pw(w
Address: 4495 Ridgway Drive, Lover, CO 80538
Phan 970.61?^0363 ..
Fes: 970-612.0363
ACCMANCS BY THB UNITED BTATU PORTAL =VICK
DOWBr. Alder
title 0119eer
Addleea: 160 DW RNM DR If400
RIM MMT_ M 90111=
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s
RECEPTION@: 20140036274, .../08/2014•at 09:56:57 AM,-11 OF L6,.Angela Myers,
Clerk s Recorder, Larimer County, CO
o. If oseew does trot dose, ra stall bo peM.., Ja!w
13. hdoma8lardom Buyer alit Warmilly the Selkt fbr all coda, low damq% lbbUfty, orclaim
of whstavarr net= (Induft costs ibr delinding against snob obtme an In erf>x+otrrg table.
indemnity) ity) arMng sit ofaoy am or ombdom by Buyer, Its employees, aguft or coa tsdm
relatbrg to thb PropeRy or bsnsaodon.
14. Governing Lew. "IS ASmonant stallbe governed and Jubmi feted In accordance with Mral
fag. "" - - ,
iS.1CkfYa 1Lis provbim does not lead say obligsdons or indam l&s of the parties contained
ebewhee in fhb Agreement
a. In the event the auk of dw Property does not Won as provided herein because ofn
deSmit of Buyer, hwbAng gm Buyer denying ohning 1br mWname►, noise the delay b
agreed to in writing In advance by dm postal Service. Seow prey terminera afl right of
Byet to purchase dm PropmWo and Agent droll feward the Dw dt to ScHer, arrd Scher
daU receive and retain rim Deposit as Uquiddcd and agreed upon demagee ea scows
sole mnady fbr such deflidt. Bayer and Soifer tmdesatnd the hnpraduicellty and i
diiBasWty of fixing SdiWs aoaral demega in tins avantof such ddA4 and that the
parties d m fin agree drat dw Deposit represent a teasomrbb NUMSte of the actual
damages wMoh Sailer would low.
b. In the event ofdefhult by Seiler, Agent shoU vatum the Deposit to Buyer.. Under no 1
ehaumstnaes !bail Buyer be WOW to actual, special, Of cbrteequeatial dun w%
hmiudgv& but not United to, anticipated proata
i
sw.awa
I
RECEPTION#: 20140036274, 07/08/2014 at 09:56:57 AM, 10'OF 16, Angela, *era"
Clerk i Recorder, Larimer County, CO
railroads, plpellneasad pubft.wWd@% wbogworuotma0motriblID moat dwLsm not
objested to by Buyer by dw Coudessaw RMWW Data 1110 W*Umt OfCOVOYMN "
spedfythe ommoand bow Wbistob*held OWMN=t%', k1wmmo%eta) As:
8. Inteadom* Deleted
9. Other Providon&
a. If the Inwhole or In pod, owWo wdbrAor Is loceW Ina 10"W
mand slate that the Property
may be mt&W In use Puramot to M4 data, Or Wd W01100111 MCI* G000PMM
replidool.
106Risk dLere b9f=Cftdng. Enqtascaved byabotambdmofByer, Itic*QYOM
ailm% orowdreamrs, the Seller will remain liable until doft for dsmqp or desputdon to the
Property esusod by 1bs oe other osaueigr, butyAll have no ablWfiou to npskdw MdWleg(p) or
say put dsmapdordestroyed. Ifthe Seller does not rqmk the Ptoperly to Its priorcomiftlon.
BuyW# sole rem* will be a nn*Wly agreedqw 6*0to"M Offt Pwdm Prim NAB
a0down cannot be agreed upon, Wdor party may tormhuft this Agree nneat without
It. Closing- The puft Hama SovjftTitle oEmwHolder wCWftApe (*BwmApnn
closingwill occur an a mutually samable Closing Date. not hoer thou one hundred shay (160)
calander days dw wo@pW= ofdds Agrownsuk at such WW period as may be qpwd q=
by the prdw In wift At Cloft do'Beorow Aged will Under to to WW dw below of
do pwchm price by Escrow Apa's oardfiW or esdda's cheap. 64 St BUYO% OWN PfOvl&
do deed to Buyer or nowd do dead in nosaWom with INW Ixw- Mobs dad Is provided to
Bujw. Buyer must imm that it is properly recorded, and provide the Seller web acopy otthe
rwonW 64 whbin three (3) aderubw *yv of the Closing Dace. 89w at C1081411 will Mome.
possession of ProMV. As of des Closing Date, Buyer will Assume all obHpdm wsi
liabilities of ov waft. looludiviS but not limited 1% vespossiblilly for 00010030000, uduty
lWoryproputydamemor
fors or damage of fry type relatltg to the Pcapmly.
12. COOL
L RqpWI= of load emyondong sad exopt for awbelf of the Zserw Asset'$ 6%
Buyer, agrow that dw ScUor will ad be obUpted to pay for any eats Warred
rdaftg to this treousting I=Uio& but not lbulted to. M wMeseftlasuram
and oost% pvpwW mve^ homm Of KAY kW# t0=% r=Wlq left or -
9"boussaW Mmmentso wh1oh costs will not be aedW ftwsj* the purdiese
Fies.
b. Buyer and Seller Moo* MAI Rahn a to L4sftg Broker sod ZT1 Group, be, U 60
Saft(CooperaftBrolter. AtcIo*%C1oftApot"psyLIsftBMw&1um
kswom*mwftbNA1owIrwL ah
RECEPTION#: 20140036274, ..i/08/2014 at 09:56:57 AM, 9 OF lo, Angela Myers,
Clerk 6 Recorder, Larimer County, CO
b. Bum may revoke this Agreement for any mason until 5.00 p m. on the Contingency
Removal Date. AOnrthat due, Buyer will be deorasd to accept dro Property on an oasis
- whom is° basis in @very gimped, without morrurs@, Ilabilby, or indemnification of any
type hvm tit@ Seller. In no event will a claim be allowed Ix price reduction or lbr
emission of the sale based upon tho fltlum of do Property to oaroapord With the
wandard expected. 't'bo $Mw makes no wu=W or mpresettsdon. exPress or brtpllad.
as to the Property's loco" cmrdbton, elm description, omrnplimsa with laws, or its
toning or f :new ibr ow purpose. Plena, title ley UMMI n, or otherdocuments made
available by the Seller are ihf InlhrmW m PmPDM only, end no exproas or implied
warranty is made eato their aocueacy.
a All repor% etmdles, and armlyaea, including mnviroomemtal audits, C7toPorle°j obtained 1
or prepared by Buyer relating to the Y qmv shell be conspicuously labeled as a drag,
mud @epics shall p unptly be dellverod to Soler. Prior to Cla fee, nrtyer @hail net
disclose any Reps to arty PartY mroept Pummat to applicable statutory or regulatory.
requiremwta or the written cannot of Seller, pmvlded that Buyer may ihnhlrh a am of
rho Reports, subject to this non"ohaus agreement. to Buyees potmtdal mortgage:, or
invesooss, or to any consultants who prepare of review a Report. If" sale under this
Reports to Seller, which shall become the aochtdw properly of Seller.
d. Salter will provide notice to Buyer, of any building metUW16
underground sump looks, or disposals or releasse of hazardous or toxio rcntsminants or
petroleum products, on or from the Property, which ace:roam to Sailor. All infihmnetioe
'and documents provided by Seller, which its without wesrrnrdy of any kind whetsoevar,
tie subjed to'the nondiselosum requirements of q4.e, and all copies shell pronpdy be
manned to Seller if the thaosection under this Agreement fkla to does for any reason.
6 Nations. Any notice 'required lrorcin will be egDWVe if given io wdting snd dcUVUW
porso rally, or sent by eotfi6ed, registered, or USN Express Mall, to tiro receiving party at due
nwong addresses ocntahhed bemdn. notice by the 8e110r of aoctift c@ or tuJection Of"
Agreement win be given within thirty (30) calendar days Rahn the Agra hmo d's data of nccipt.
Processing of the Boyar's deposit will not, in [loaf, eonadtete acceptance. Palhrm by the Seller
to rogrond will constitute rejection. Beyer authulms the Seller to obtain its credit history fbomt a
consrmer or otlher oedit-reporft agemsy, and understands tint duo Mfomotion may be
considered In the evaluation of this Agreement.
6. Gemsfal Provlslons. The Agreement of Purchase and Sale imlodes ail torms and conditions of
the tmnsedies, and vgwscdes all oral negotiations and prior writings. The Agroamoat may only
be modified by a written dooumerd signed by both parties.: Any assignment by Buyer of an
latenest under the Agreement wNout do consent oftbo Seller will be void. RigM% interests,
and obligations of the pestles an binding on dselr sucoessors and assigns.
7. Tide The Property will be conveyed by Spaigh /Limited Warranty Iced, a such leaser Deed as
the Seller ray iota. TWowiRbesubjedloaficxkftcumxu%cOvamu46=mbmiom
OW lasu@sts of adhere, loebding, but act limbed IN rights of way for streets, roads, highways,
BMW"
z �T
RECEPTION$: 20140036274, 07/08/2014 at 09:56:57 AM,'B OF L6, Angela Myers,
Clerk & Recorder, Larimer County, CO
EXHIBIT "C"
TO
ACCESS EASEMENT
UNffW STATER POSTAL SERVICE
A` vement of Purchase and State
J eRRY D MOONEY AMnH L MOOMBY rt ► M D. MOODY AND IRIN N. MOOMEY �
AgmgmsMNS (°BoyeP) bmby agrees to purchase the United States Postal Service ("Sellars
Property daseribcd as &lhnva:
Legal dasaiptiat attached so Exhibit A ("Propav/5
subject to the following tarns and cooditions.
1. Pries, The p uvbmw price wiU bo 8uee bundred dwumW elovo.do0m $311.000.00 . i
t Depedk . Upon mace of this Agreement by the Seller. Buyer wM submit a deposit of !
SS,000.00 dollars (Five Thowead dollars), by eadfled or cnhWe check made payable to the
Beetow Agent identified in pwaDapd 11. Beam Agent will held this deposit in maw by
pr000poly placing ale deposit in an interest -bearing beak ecammt; Escrow Aged will provide the
parties with all spedfic fi&m don concerning this account, including bank name, noweat
number. etc. Bsaow Agent will apply the deposit toward the purchase Pico at closing. Bsaow
Agent will het M the deposit to Buyer if this Agraeaeut Is terminated punuent to peragwphn 4.
10 or 11. Eearow Agent will forward the deposit to the Seller (at alto Sclerh option) upon any
breach or defitdt by Buyer punned to paragraph 14.
3. Bxeeution Requhvmeab. Buyer must attach to the Agreement of Pumbase and Salo !
documentary evidence that establides the eudw* Of the PeWKI) exeeuthhg the Agreement to i
bind the Beyer to the tame of thin Agreement. As part of the attachment. Buyer must hulkate
how It OWSW; e.g., as an hrdlAdual, pubmahiN of cmVordlM i
:
4. Inspection and Condition of Property. j
a. Seller grants permiesiot to Huyer.and its arAns to enter upon the hopaw, muted to
notice to and approval by Seller. for One hundred 1* (130) odandsf days after
aaxptaraoo of this Agreement ("Contingency Removal Dxto!� to involdSete every aspect
of the condition and states Ohio Property, Including, without lhdMdah, eonsieftW
with inning ad tee lim itatlena, eotelnetimt of the Emprovemem, ifany, the exhume
and/or availability of uWily co mecdona. soil and groundwater condidom the presaco
of wtdaground etasge tanks and hatctdeuc wastes or substancesk and complianto or
couEomey, with permita, approvals, and applications of or to govermwal. agauive In
comeectfon with the property. After conducting any such faapedkmly Buyer. at its solo
wtpenae, SMU teseere the Property to the oanditfott that it was In prior b the awdy unleas
Seller expteady pemtile otharwisc.
RECEPTION#: 20140036274, ../08/2014.at 09:56:57 AM, 7 OF lo, Angela Myers,
Clerk 6 Recorder, Lari.mer County, CO
EXHIBIT "B"
TO
ACCESS BASEMENT
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U rye
rp
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j
RECEPTION#: 20140036274, 07/08/2014 at 09:56:57 AM, 6 OF moo, Angels Myers,
Clerk 6, Recorder, Larimer County, CO
EXHIBIT "A"
TO
ACCESS EASEMENT
ow0d1►N0. FCRrd612 m
PART OP LOTS IT AND 16, OBSERVATRDY HEIGHTS AND A PART OF THBPARCBL DF LAND
DRSCRIBED IN DUD RECORDED AUGUST 16, IM IN ROOK IM AT PACE 160, iN741E
LARIMBR COUNTY CLERK AND RBCORDBWS OFFICE, LYING SOUTH OF BOARDWALK DRIVB AND
BASTOPJ.P.K. PARKWAY Si177ATR IN THE W US OF 7HR NW V4 AND 1N TH8 W lA OF
7HU SW V4 OF SECTION 36, TOVftNP T NORTH, RANGE 03 WSSTOPTHB 6TH P.M.. CITY
OF PORT COLIAK COUNTY OF LARIMBR, STATE OF OOLORADO, BEING MORE PARHCUTARLY
DESCRIBED AS POLIAW3
COMMIRING THS WEST LINE OF NW W OF SAID SOC ION 33 AS BEARING NOV W
36" W AND WITH ALL HEARINGS CONTAINED HEREIN RMA71VB 4HRRSPO IS CONTAINED
WITHIN THE BOUNDARY LINES WHICH BEGIN AT THB HE CORNER OF TUB W LA OF THBSAID
SW IA. WHICHBEARS N 63. 6T OI' B 13" PERT FROM THE W W CORNER OF SAE)
SECTION 33 AND RUNS THENCR ALONG 740E BAST LING OF THB W ill OP7HE SAID SW 114,
S 00" 03' 43" IL647.56 FORT, T07HE SOUTH LINE OF 7HR PARCELOP LAND
DESCRIBED IN SAID BOOK OM AT PACE 160L THENCE ALONG SAID SOUTH LINE, N SS•
I?, 49' W. 336.63 FEETTO A POINT ON THE EAS[BRLY RIGHTOP WAY L1NB DF Jpx .
PARKWAY: THENCE ALONG SAID BA4143W.Y I = OPJFK PARKWAYTHE FOLLOWING 4
COURSES AND DISTANCES: N 170 26' SIP W. 600.07 FEM AND AGAIN ALONG THE ARC
OP A SOCA6 POUT RADIUS CURVR TO THR RIGHT A DISTANCE DP377.T1 FEBT, THE LONG
CHORD OF WHICH REARS N 03, JW SIP W, 274.07 FEET: AND AGAIN N 10" Sr S7' B,
119A4 REBT; AND AGAIN ALONG THE ARC OF A 15.00 FOOT RAWUS CURVETO THE RICHT
A DISTANCE OF 27AB FEET. THR TANG CHORD OF WHICH BEARS Nor a, 23' E, 33.66
FRET TO A POB47' ON THE SOUMBLY RIGHT OF WAY UNE OP BDARDWAL X DRIVE: T HENCE
ALONG SAID SOUTHERLY RIGHT.OF WAY LINR, S SIP 34' TY B. 54UT FEETTO A POINT
ON 7H8 BASF LINE OP THEW 140F TM SAID NW 114C THENCRONG ALSAID FAST LINE.
S 0O" Ir 3r B, nL2S FEET TO THB POINT OP BEGINNING.
EXCEPT THAT PARCEL DESCRIBED IN DIED RECORDED JULY 27,1006 AT RECEPTON MO.
2006=547
RECEPTION#: 20140036274, ../08/2014 at 09:56:57 AM, 5.OF lo, Angela Myers, ...
Clerk S Recorder, Larimer County, CO
Grantee: Moomey Enterprises, L.LC
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ay
1b: Sn� ysi,21n4
STATE OF )
COUNTYOF )
On this 13 *4day of ' : 2014, personally -;paved before me
ih_ R , () en w. o - who being ' by me duly sworn, did say that helshe n p mnm the
Moomey Fdupims, LL.C, and acmowledged to me dfat, acting under a delegation of auftnty duly
given and evidenced by law and presemdly in e8'ect, Wshe,exeomed said inwument as the ad and dead
of the Moomey Fldapiise% LLC for the p uposes d>gein mentioned.
SEAL. iBB1LIIDfAM•AtledMd�
TERRY L. DELP
' tban Oltt� left
NOTARY FU IC
My oanmission expires: -4L 1 y- 2G /:s
RECEPTION#: 20140036274, 07/08/2014 at 09:56:57 AM, 4,OF �6, Angela Myers,.
Clerk 6 Recorder, iarlmer County, CO
DISTRICT OF COLUMBIA )
this 5% _ day of 4w e- PM pa wngy appeared before me
r e al Comixc ing Officer who being by me duly swam did say dw he/she
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die United Son Pastel Sev m sind admowledged to ins the; acting under a delegation of
a dwrdy duly given and evidenced by law and preseady in effect; he/she amuted said instrument as die
act and deed ofthe United States Posial Servicefor die, purposes therein mania�ed
SEAL NOTARY PUBLICDMFKXLAMARMVM
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RECEPTION$: 20140036274, ,08/2014 at 09:56:57 AM, 3,OF 1., Angela Myers,
Clerk 6 Recorder, Larimer County, CO
Facility. The USPS shall tmt be responsible for damages to the property or injuries to the person of
others who may be on the USPS Facility at Grantee' invitation.
B. Cwenams Running with the Land: All provisions of this instrument, including the
benefits and, burdens, are deemed to be covenants running with the land and are binding upon and
imire to the benefit and burden of the parties hereto and their respective successors and assigns.
9. Upon termination of the Easement, Grantee shall restore any affected portion of
the property to the condition it existed prior to Grantee's access.
10. The Grantor does not warranty that the Easement Area is suitable for the purposes
stated herein and Grantee hereby waives any express or implied warranty on the part of Grantor.
Grantor has no knowledge of subsurface conditions and makes no representations as to soil
types, existence of underground utilities, or any other latent conditions that may impact
Grantee's use and enjoyment of said,Easement.
11. This Easement is granted subject w any and all restrictions, covenants, , other
easements, encumbrances, liens of any kind, leases, and interests of others, including rights of
way for roads, pipelines, railroads, and public utilities, whether or not matters Of public record.
12. Interference. The Grantor reserves the right, however, to use the Easement
Area for any purpose not. inconsistent with the rights granted herein. The Grantee agrees
throughout the duration of this Easement to provide the Grantor, its employees, customers, and
the public with continual and uninterrupted access to the Grantor's Parcel. In the event the
Grantee fails to provide continual and uninterrupted access to the Grantor's Parcel, the Grantor
has the option of terminating this Easement by providing written notice to the Grantee that the
Easement is terminated at no cost to the Grantor. Upon receipt of said notice, the Grantee has
one (1) business day to remedy the situation. In the event the Grantee fails to provide access to
the Grantor's Parcel within one (1) day, said notice of termination shall become final and the
TCE is terminated.
-13. Claims and Controversies_ Applicable a Law. Any claim, controversy, or dispute
arising out of this Easement shall be governed by applicable federal law.
14. Recardidon. This Easement shall be recorded by Grantee.
RECEPTI,ONB: 20140036274, 07/08/2014 at 09:56:57 AM, 2 OF 16, Angela Myers,
Clerk S Recorder, Larimer County, CO
Area as set forth above, upon reasonable notice and opportunity to cure, Grantor shall have the
fight to perform such maintenance or repair, and shall further have the right to recover its costs
from Grantee, their respective heirs, successors and assignees.
4. USPS Reserved Ruble. Grantor reserves the right to use the Easement Area for any
purpose not inconsistent with the rights herein granted. Grantee agrees that throughout the
dunation of this Easement to provide Grantor, its 'employees, customers, and the public' with
continual and uninterrupted access to the USPS Facility. In the event Gramm fails to provide
continual and uninterrupted access to the USPS Facility; Grantor has the option of terminating this
Easement by providing written notice to Grantee that Grantee has One (1) day to remedy the
situation. In the event Grantee fails to provide access to the USPS Facility or otherwise remedy the
situation within such period, as solely determined by Grantor, this Easement shall terminate and
all rights hereunder, and any improvements remaining ,in the Easement Area, shall revert or
otherwise become the property of Grantor. Upon termination of the Easement, Grantee shall
restare any affected portion of the Easement Area to the condition it existed prior to'Gnambes
grant of this Easement
5.' USPS's Indemnity. Graiutor shall indemnify and hold harmless Grantee from all
claims, losses, damages, actions, causes of action, expenses, and/or liabilities resulting from the
use of the Easement Area by Grantor whenever such claims, losses, damages, actions, onuses of
action, expenses, and/or liabilities arise from the negligent or wrongful act or omission by an
employee of Grantor, while acting within the scope of his or her employment, under circumstances
where Grantor, if a private person, would be liable in accordance with the laws of the State of
Colorado. Notwithstanding the foregoing, Grantor shall be under no obligation to hold harmless
and indemnify Grantee to the extent that any negligent or wrongful act or otnissicn by Grantee, its
employees or agents, in any way causes or contributes to such claims, losses, damages, actions,
causes of action, expenses and/or liabilities as defined in accordance'�with the provisions of the
Federal Tat Claims -Act, 28U.S.C. 134E § (b) and §2671, ALM. '
6. The GranIm on behalf of itself its agents, soi< w ts, eumphay ms, imi eM and cootractors who
rnayatanytimeuse;omp1Svisit,orff saidBaderFasefrthmin reatec�agreeshx
a oomply with applicable Oodupatio ial Safety and Health Standards, We 29 Cade of
Fed" Regidstions (CFR) Cmclixing but not lirtuted to Parts 1910 and 192R
pratmdgaMd ptru M t ti dW autho * of the Ocatpdio d Safety and Health Act of 1970
(SAX
b. coinply whh any albs applicable federal, 01k or WW govanutg wadpleoe
satiety t D the eaeru they are not in o6o9'ict widf a�; and,
. o: mloeallcdferpraperprecmroornstAprcitocttheheatlhaimdsa�y`c�
i. any laborer •err moclmdc employed by tote Grantee in' pufamiam of this
n. Postal Servioeanployees; and,
ui thepublic.
7. Grantee' Indemnity. Except as set forth in Section 5'above, Grantee shall'hold the
USPS harmless, and shall defend and indemnify the USPS; from any and all claims; losses,
damages, injuries, causes of action, expenses, and/or liabilities resultingfromGrantee' use of the
Easement Area; which includes, but is nog limited to, Grantee' use or maintenance of the USPS
RECEPTZOW: 20140036274, c..,08/2014 at 09:56:57 AM, 1 OF 1b, R $86.00 TD Pgs: 0
Angela Myers, Clerk 6 Recorder, Larimer County, CO
SHARED ACCESS EASEMENT
THIS ACCESS EASEMENT (the "Easement") dated this * day of 3QYI .. 201%kis
entered into, by and between the United States Postal Service. ("Grantor'", an independent
establishment of the Executive Branch of the Government of the United States (39 U.S.C. § 201),
whose address is 475 L'Enfant Plaza SW, Roan 6670, -Washington, DC 20260-1862 (the
"LISPS"), and Moomey Enterprises, LLC, a Colorado limited liability company, whose address
is 4495 Ridgeway Drive, Loveland, CO 9053"297 ("Grantee").
• t
RECITALS
MUMEAS, Grantor is the owner.in fee of property situated and referred to as the Fort
Collins Post Office, 301 Boardwalk Drive, City of Fort Collins, State of Colorado, and legally
described in Exhibit "A" attached hereto and made a, part hereof by this reference (the "USPS
Facility");
MW REAS, Larry D. Mooney, Judith J. Moomey, Justin D. Mooney, and Erin N.
Moomey (collectively the "Moomeys") and/or Assigns, entered into a United States Postal Service
Agreement of Purchase and Sale dated October 31, 2005 (the "Purchase Agreement") whereby
Grantee, as the Assignee of the Mooneys, purchased from the USPS excess land at the USPS
Facility, legally described in -Exhibit "B" attachedhereto and made a part hereof by this reference
(the "Excess Land" ). A copy of the Purchase Agreement is.attacbed hereto as Exhibit "C" and
incorporated herein by this reference. Exhibit "A" to the Purchase Agreement shows the map of
the access Grarrcee was to obtain onto the USPS Facility to and from the. Excess Lard; and
WHEREAS, in consideration of the sum of Fourteen `Thousand, Fifty and No1100ths U.S.
Dollar (U.S. $14,050.001 the mutual promises and agreements contained herein, and other good
and valuable consideration, the receipt and sufficiency which are hereby acknowledged, the
USPS and Grantee agree as follows.
1. Recitals. The foregoing recitals are incorporated herein by this reference-
2. Grant of Easement. Grantor hereby grants and conveys to Grantee, its successors
and assigns, a perpetual, non-exclusive easement in,, over, upon, under, and across a pardon of the
USPS Facility for the purpose of ingress to and egress frutn the Excess Land. The potion of the
USPS Facility that is the subject of the Easement 'is legally described and depicted on Exhibit
attached hereto and incorporated hentin by this reference (the "Easement Area").
3. Maintenance and Repair. The Parties agree ihat Grantee shall be responsible for
maintenance and repair of the Easement Area and any and all costs related thereto. Such
maintenance and repairs shall include, but are not limited to, repair, snow removal of the street,
landscaping, grading, paving, and removal of all trash and debris notwithstanding the fact that the
need for maintenance or repair is caused by the .Grantor's exercise of its rights under this
Easement. In the event Grantee Ws in its responsibility to maintain and repair the Easement
rV 'or