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Home My WebLink AboutWILLOW STREET LOFTS - PDP - 24-04 - CORRESPONDENCE - LETTER OF INTENTEXHIBI T "C " 12' WIDE PRIVATE DRIVE EASEMENT A PORTION OF LOTS 2, 4 AND 6, BLOCK 3, CITY OF FORT COLLINS, WITHIN THE NW1/4 SECTION 12, T 7 N. R 69 W OF THE 6TH P.M., COUNTY OF LARIMER, STATE OF COLORADO. / Lor e 12' PRIVATE DRIVE EASEUENT CONTAINS t3.063 S4_Ft OR' / =0.070 ACRES !N1[ CURVE RADIUS I LENGTH CELTA I CHORD CHDRO 8RG 1 Qg r aY 9 'M 7A M• w.P 9014'OT `SaS. NE94B'SYN � i 49 �� ea' NH M tNER LOT 2. 9LOCN 3. OF CONNENCEMENT EXHIBIT "C* - 12' PRIVATE DRIVE EASEMENT EDATE:1/26/03 DRAWN: BE PORTION OF LOTS 2. 4 AND 6. BLOCK 3. CITY OF FORT COwNS. 1'=30' CHK'D: RJL COUNTY OF LARIIdE:R, STATC Or COLORADO.CLIENT: CT NO.: 2016 R.J.L. SURVEYS 113 CAMERON DRIVE. SUITE B*..Mumma FORT COLL I970� CO6O ADO 80525 RIM r*VUVEFS 1I3 Camerea Drive, Suite R Fort Coihns, Colorado 90525 TEL: t97o122fr-3007 FAX: (970)226-3027 EASEMENT DESCRIPTION: (EXHIBIT That portion of Lou 2 and 4, Block 3, City of Fort Collins, being located in the Northwest One -Quaver of Section 12, Township 7 North, Range 69 West of the 6" P. M., in the County of Laruner, State of Colorado, which, considering the Southwesterly line of said Block 3 as bearing N 44°38'26" W, and with all bearings contained herein relative thereto, is more particularly described by the following boundary lines: COMMENCING at the Southeast come- of said Lot 2, Block 3; thence N 44038*26" W, along the Northeasterly right-of-way line of Willow Street, 95.00 feet to the TRUE POINT OF BEGINNING; thence N 45°21'34" E, along the centerlinie of a proposed Private Drive, 129.74 feet; thence 58.33 feet along the arc of a curve to the right, having a radius of 37.00 feet, a central angle of 01 °02' 15", and a long -chord which bears S 89°28'53" E 52.47 feet; thence S 44°19'l9" E 57.80 feet to the end of said centerline of Nvate Drive, said point also being on the Northwesterly right-of-way line of Pine Street; theme along said right-of-way lime N 45°21'34" E 12.00 feet; thence N 44°19' 19" W 57.80 feet; thence 77.24 feet along the arc of a curve to the left, having a radius of 49.00 feet, a central angle of 01'02' 15", and a long -chord which bears N 89'28'53" W 69.49 feet; theme S 45°21'34" W 129.74 feet; thence S 44°38'26" E along the Northeasterly right-of-way line jjf willc+w Slrccl, i 2.no rccl morn or less, to the POINT OF BEGINNING. SURVEYOR'S STATEMENT: 1, Ricky I. Lewis, a duly registered Professional Land Surveyor in the State of Colorado, do hereby state that this description was prepared by me based on the information shown on the refcrenced subdivision plat. Modification in any way of the foregoing description terminates any liability of the Surveyor. 372 25372 o q CS EXHIB/T "g „ �f 17' WInF. PRIVATE DRIVE EASFMEjVT o A PORTION OF LOTS 2 AND 4, BLOCK 3, CITY OF FORT COLLINS, WITHIN THE NW1/4 SECTION 12, T 7 N, R 69 W OF THE 6TH P.M., COUNTY OF LARIMER, STATE OF COLORADO. r3 \ Ci LOT a / I C2 S �� %17 %a .y erg. tti. T2PRIVATE DRIVE EASEMENT `ram K I j 1k CONTAINS ti1.07 Sc;-Ft-OR 4 r, I A tO.OSS ACRES PORROH cr JI \ LOT k� / I C7. PO TM 6 LOT 2 P(GNI twi . CURVE RADIUS LENGTH - DELTA I CHORD CHORD fiRG Ci 7 0O T 17 N B' 'w C1 ti0ff .��• oVi9'aT .� Na flS7•r' C] 77 i 14' T •' R LOT t BLOM 3. COMMENCEMENT r EXHIBIT "B' - 12' PRIVATE DRNE EASEMENT I DATE: 11/26/03 DRAWN: BE IPORTION OF LOTS 2 AND 4. BLOCK 3. CITY OF FORT COLLINS- SCALE: 1 =30' CHK'D: RJL COUNTY OF LARIMER. STATE OF COLORADO. CLIENT: I PROJECT NO.: 2016 R. J.L. SURVEYS 3OERON DRIVE UIT08525FORT CLLINSC , 2SO3007' RIL SURVEYS 113 Camerm Drive, Snite B Fort Collins, Colorado 90525 TEL- (MP2fr3007 FAX: (970)Z2&3027 EASEMENT DESCRIPTION: (EXUBIT "B") That portion of Lots 2 and 4, Block 3, City of Fort Collins, West Mof the ad in P. the irtorthwest One -Quarter of Section I) Township 7 North, Range the County of Lorimer, State of Colorado, which, considering the Southwesterly line of said Block 3 as baring N 44e38'26" W, and with all bearings contained herein relative thereto, is more particularly described by the following boundary lines: COMN ENCING at the Southeast corner of said Lot 2, Block 3; thence N 44*38*26" W, along the Northeasterly right-o; way line of R7r7low Street, 95.00 feet to the TRUE POINT OF BEGINNING; thence N 45°21'34" E, along the certterline of a proposed Private Drive,. 129.74 feet; thence 58.33 feet along the arc of a curve to the right, having a radius of 37.00 feet, a central angle of 01 °02' 15", and a long -chord which bears S 89°28'53" E 52.47 feet; thence S 44"19' 19" E 57.80 feet to the end of said centerline of Private Drive, said point also being on the Northwesterly right-of-way line of Pine Street; thence along said right-of-way line S 45°21'34" W 12.00 feet; then. N 44'19'19" W 57.80 feet; thence 39.41 feet along the arc of a curve to the le8, having a radius of 25.00 feet, a central angle of 01 °02' 15", and a long -chord which bears N 89'28' 53" W 35.45 feet; thence S 45021'34" W 129.74 feet; thence N 44°38'26" W along the Northeast..-Tiy right-of-way ]i,a of Will„w Strccl, 12.t10 feet inure or less, to the POINT OF BLGTIVNTNG. SURVEYOR'S STATEMENT: 1, Ricky J. Lewis, a duly registered Professional Land Surveyor in the State of Colorado, do hereby state that this description was prepared by me based on the information shown on the referenced subdivision plat. Modification in any way of the foregoing description terminates any Liability of the Surveyor. i1V„1 L.- ..-.- ....__, A _PORTION OF LOTS 2 AND 4, BLOCK 3, CITY OF FORT COLLINS, WITHIN THE NW1/4 SECTION 12, T 7 N. R 69 W OF THE 6TH P.M., COUNTY OF LARIMER, STATE OF COLORADO. � C3 Cl core / i u �• s's�, \%;o. N / e _n1�� PDRAQN COY 4 POROT OF • �g. / �� 5� yti 4. ens, l�!04. 1 =30 �J.CURVE RADIUS LLNCSH DELTA CHORD I CHORD BRG n 7 r Y 1- •7 �• Ilk, Cl oa' ]e.a1' acne' ]5 t5 wee Sr CORNER LOT 2 BLOCK S EXHIBIT "A" - PROPERTY DESCRIPTION DATE: 11 /26/03 DRAWN: BE I PORTION OF LOTS 2 AND 4. BLOCK 3. CITY OF FORT COLLINS. SCALE: 1"=30. CHK'D: RJL COUNTY OF LAPMER, STATE OF COLORADO. CLIENT: PROJECT NO.: 2016 R.J.L. SURVEYS n*-113 CAMERON DRIVE, SUITE 8 FORT COLLINS 2O2B ADO 80525ue Rya.. sURVESS _ 113 Camerm Drive, Snit B Fort Collins, Colorado U525 - TEL: (970122G3007 FAX: (9 A26-3027 PROPERTY DESCRIPTION: (EXHIBIT "AM That portion of Lots 2 and 4, Block 3, City of Fort Collins, being located in the Northwest One -Quarter of Section 12, Township 7 North, Range 69 West of the 614 P. M., in the County of Larimer, State of Colorado, which, considering the Southwesterly line of said Block 3 as bearing N 44038'26" W, and with all bearings contained berein.reiative thereto, is more particularly described by the following boundary lines: BEGINNING at the Southeast corner of said Lot 2, Block 3; thence N 44138'26" W, along the Northeasterly right-of-way line of Willow Street, 95.00 feet; thence N 45'21'34" E, along the centerline of a proposed Private Drive, 129.74 feet; thence 58.33 feet along the arc of a curve to the rigbt, having a radius of 37.00 feet, a central angle of 01 *02' 15", and a long -chord which bears S 89'28'53" E 52.47 feet; thence S 44'19' 19" E 57.80 feet to the end of said centerline of Private Drive, said point also being on the Northwesterly right- of-way line of Pine Street; thence along said right-of-way be S 45'21'34" W 166.42 feet, more or less, to the POINT OF BEGINNING, containing 15538 square feet (0.357 Acrest), more or less, and being subject to any easements, rights -of -way, or restrictions now c dsting or on record. SURVEYOR'S STATEMENT: 1, Ricky 1. Lewis, a duly registered Professional Land Surveyor in the Stare of Colorado, do hereby state that this description was prepared by me based on the information shown on the referenced subdivision plat_ Modification in any way of the foregoing description terminates any liability of the Surveyor. Section 3: Construction. This Agreement shall be governed. by and. construed in accordance with the laws of the State of Colorado. The headings and captions contained herein are inserted for convenience of reference only and are not to be deemed part of or to be used in construing any provision of this Agreement. When used herein, the singular shall include the plural and vice versa. Words of any gender used in this Agreement shall be construed to include any other gender. The rights and duties arising under this Agreement impose an obligation of reasonableness and good faith in performance and enforcement. Should any provision of this Agreement be declared invalid or unenforceable by any court of competent jurisdiction, such decision shall not affect the validity or enforceability of the remaining provisions. IN WITNESS WHEREOF, the parties hereto have executed this Easement and Road Maintenance Agreement as of the day and year first above written. LAGUNITAS COMPANY, a Colorado Corporation BY: • Jon an t ty, President SAS BLEU DEVELOPMENT LLC, a Colorado limited liability company BY. e Y11�UAA Thomas M. Sutherland, Member/ Manager 4 PflNll Lauv ..�.� �•••�-i Section 2: Insurance. Each Owner shall obtain and maintain at all times, in full force and efi'ect; a policy of general liability insurance issued by an insurance company authorized to do business in the State -of Colorado, with minimum limits as shall be determined jointly by tho Owners.. Each such liability insurance policy shall include the Road Easement as part of the description of the property insured. Upon request, each Owner shall provide evidence of such insurance policy to the other Owner. Each policy shall name the other Owner as an additional named insured. Section 3: Damaged Road. Each Owner shall be responsible for, and shall pay, all costs and expenses incurred as a result of the negligent and intentional acts of such Owner, or its guests, invitees, contractors, subcontractors, materialmen or suppliers which may include by example and not by limitation, the costs of repairing or restoring the Road as a result of damage done by such Owner, or its guests, invitees, contractors, subcontractors, materialmen or suppliers. Section 4: Mechanic's Liens. The Indemnitor shall indemnify and hold harmless the Indemnitee and its Property from and against any and all loss, cost, expense, damages, or liability, including reasonable attorney's fees arising out of, as a result of, or in connection with, the failure of the Indemnitor to pay the costs and expenses of any improvements made to the Road at the request of the Indemnitor. In the event any mechanic's lien is filed against the Property of the Indemnitee, and is not released within thirty (30) days after the filing thereof, the Indemnitee shall have the right, but not the obligation, to pay the amount of the mechanic's lien claim without regard to the validity thereof. The Indemnitor shall reimburse the Indemnitee for the amount paid to obtain the release of the mechanic's lien, together with interest thereon at the rate of eighteen percent (1 S%) per annum, from the date paid until reimbursed. ARTICLE V. GENERAL PROVISIONS Section 1: Covenants Running with the Land. The easements hereby granted, the restrictions hereby imposed, and the agreements herein contained shall be easements, restrictions, covenants; and conditions mmning with the land and shall inureto the benefit of and be binding upon the parties hereto, their grantees, and their respective heirs, personal representatives, successors, and assigns. Section 2: Enforcement Enforcement of this ' Agreement shall be by appropriate proceeding, at law or in equity, against those persons or entities violating or attempting to violate any covenant, condition, or restriction herein contained. Such judicial proceeding shall be for -the purpose of removing a violation, restraining a future violation, recovery of damages for any violation, recovery of Common Expenses due, foreclosure of a lien for unpaid Common Expenses, or for such other and further relief as may be available. Such judicial proceedings may be prosecuted by either Owner, and the court shall award to the prevailing party in any such action all costs and reasonable attorney's fees. The failure to enforce or to cause the abatement of any violation of this Agreement shall not preclude or prevent the enforcement thereof or of a future or continued violation, whether such violation shall be of the same or of a different provision of this Agreement- 3 ARTICLE II. ROAD EASEMENT Section 1: Grant of Easement. Lagunitas hereby grants, bargains, sells conveys, and confirms unto Bas Bleu, and Bas Bleu hereby grants, bargains, sells, conveys, and confirms to Lagunitas a non-exclusive, perpetual easement over, across, and upon the Road Easement. Use of the Road Easement shall be limited to providing ingress to and egress from the Properties. The Easement shall be appurtenant to and may not be separated from the Properties. Section 2: Obstruction and Regulation. No gate, fence, or other obstruction shall be placed or permitted to remain across the Road Easement. No regulation or restriction shall be placed on the use of the Road Easement unless approved by the owners of both Properties. ARTICLE 11I. CONSTRUCTION AND MAINTENANCE OF ROAD Section 1: Right to Construct and Maintain. Either Owner shall have the right, but not the obligation, to construct, install, maintain, repair, renovate, improve and replace.all or any portion of the Road, and shall pay all costs and expenses incurred as a result of any construction, installation, maintenance, repair, renovation, improvement or replacement of the Road, except to the extent that such costs and expenses are Common Expenses (agreed upon in writing by both Owners). Section 2: ADoortionmcnt of Common Expenses. Common Expenses shall be paid one- half by the Owner of the Lagunitas Property and one-half by the Owner of the Bas Bleu Property one-half of the Common Expenses incurred by one Owner in the initial construction of the Road plus interest at five percent (5%) per annum compounded annually shall be reimbursed by the Other Owner upon issuance of a building permit for improvements on such Owner's Property or five (5) years after completion of construction of the Road, whichever date first occurs. Section 3: Payment of Common Expenses. It shall be the duty of each Owner to pay its proportionate share of all Common Expenses determined as provided in Section 2, above. Unpaid Common Expenses shall bear interest from the date due until paid at the rate of eighteen percent (18%) per annum. In addition, an Owner that fails to pay its proportionate share of the Common Expenses when due ("the Defaulting Owner") shall be obligated to pay all costs and expenses, including reasonable attorney's fees, incurred by the other Owner in collecting in any delinquent Common Expenses. The total amount due from the Defaulting Owner, including unpaid Common Expenses, interest, costs, and attorney's fees, shall be a lien on the Defaulting Owner's Property. ARTICLE IV. LIABILITY Section 1: Indemnification. Each Owner ("the Indemnitor") shall indemnify and hold harmless the other Owner ("the Indemnitee") from and against any and all loss, cost, expense, damages, or liability, including reasonable anorney's fees arising out of, as a result of, or in connection with, any claim, demand, action, suit, or proceeding made, threatened, or brought against the Indemnitee, by any person or entity using the Road at the request of, or as a guest or invitee of, the Indemnitor. i] 11111111111111111n1111110111111111111 #264622 RrPTNM 2003-0185809 12/12/2003 10:38:00 pROBs - 10 FEE $51.00 DOC $0.00 EASF.M .NT AND ROAD MAINTENANCE AGREENTENT ZIES pSEMENT AND ROAD MAINTENANCE AGREEMENT is made and entered -Yr/g/f £R . 2W3, by and between LAGUNITAS GIDDINGS, INC., into this �S- day of �� a Colorado corporation. the address of which is at; c/o Jonathan J. Prouty, 3944 JFK Parkway, suite 12-E, Fort Collins, Colorado 80525 ("Lagunitas"); and BAS BLE•U DEVELOPMENT Al.r. a Colorado limited liability company, the address of which is at: c/o Thomas M. V Sutlteriand, 612 (;arfield, tort Collins. Lulorldu buo24 (13as 151e11''). ARTICLE I. DEFINE S For purposes of this Agreement, the following terms shall have the nrearing given: (a) "Bas Bleu Property" shall mean and refer to the real prop-.rty I,.galiy iescribed on Exhibit "A" attached hereto and incorporated herein by reference. (b) '9.,agunhas Property" shall mean and refer to the real property described on Exhibit'B" attached hereto and incorporated herein by reference- (r) 'The Properties" shall mean and refer to the Bas Bleu Property and Lagunitas Property, collectively. (d) -'Road Easement" shall mean and refer to a non-exclusive, perpetual easement for ingress to and egress from the Properties between Willow Street and Pinc Street twenty-four (24) feet in width and twelve (12) Peer on each side of the bottrldary line between the Properties, which boundary line is legally described on Exhibit "C" attached hereto and incorporated herein by reference. (c) "Road" shall mean and refer to any road presently existing or subsequently constructed within the Road Easement. (� -Owner" shall mean and refer to the record owner, whether one or more persons or entities, of either Property. The term "Owner" shall not include any person or entity having an interest in a Property merely as security for the performance of in oblig.ttion or payment of an indebtedness. (g) "Compton Expenses" shall mean and refer to the cost of the construction, installation, maintenance, renovation, improvement or replacement of the Road if, but only if, such construction, installation, repair, maintenance, renovation, improvement. or replacement is approved in advance, in writing, by the Owners of both Properties. 4 A Operatioi._ Services Real Estates Services City of Fort Collins Mr. Jon Prouty Lagunitas Companies 3950 JFK Parkway, Building 12 Fort Collins, CO 80525 December 1, 2006 Re: Letter of Intent — Willow Mixed Use Project Dear Jon: As an outcome of meetings held with you and appropriate City staff, staff has committed to work with Lagunitas in their development of the Willow Street Lofts/Mixed Use Project. The following conveyances have been requested from the City: . 1. City convey north half of vacated alley, while reserving a utility easement over the vacated portion. 2. City convey temporary construction easement to plant trees in the Northside Aztlan Community Center property.,. . 3. City convey permanent access easement and maintenance agreement for sidewalk on City property that abuts the Willow Project. 4. City to abandon existing sewer line that will no longer be needed at completion of construction of the new Northside Aztlan Community Center. 5. City to convey stormwater easement for flows from Willow Project to Northside Aztlan Community Center. The City's granting of the above -referenced conveyances is contingent upon the City Council approving the grants by Ordinance, and this approval is entirely within the Council's discretion. City staff intends to take these above -referenced conveyances before the Council to request their approval. If you need any more information, please contact me at 221-6276 or by email at hmatson@.fcizov.com. Sincerely, Helen Matson Real Estates Services Manager cc: Craig Foreman Steve Seefeld 117 North Mason Street • PO. Box 580 • Fort Collins, CO 80522-0580 • (970) 416-2276 • FAX (970) 416-2209 LAGUNITAS COMPANIES 3944 JFK Parkway, 12-E, Fort Collins, CO 80525 970-226-5000• Fax 970-226-5125 To: Anne Aspen From: Jon Prouty Re: Willow Mixed Use Project Date: December 14, 2006 Based on our October 18, 2006, Staff Review we have addressed the project's outstanding items as follows: 1. Maintenance Agreement with Parks Department for the project's stormwater drainage ----- City of Fort Collins Real Estate Services has provided a Letter of Intent regarding same (see attached). 2. Letters of Intent ---See attached letter from City of Fort Collins Real Estate Services regarding the following Letters of Intent from the City: a) City shall convey north half of vacated alley. b) City shall convey temporary construction easement to plant trees on the Aztlan Center's property. c) City shall convey permanent access easement and maintenance agreement for sidewalk that abuts the Willow Property. d) City shall abandon existing sewer line upon completion of the Aztlan Center. Attached is a copy of the Easement and Road Maintenance Agreement between Lagunitas Giddings, Inc., and Bas Bleu Development. This document defines the terms of the private drive that shall be used and maintained by both parties. 3. Elevations ---Building elevations have been revised. 4. Blanket Easement Confirmation ---We shall be processing all required easements with a Blanket Easement. 5. Water quality issues ---I have met with Basil Harridan, and have discussed and resolved the water quality issues that were mentioned at Staff Review. Our civil engineer is working directly with Basil to incorporate his ideas into our project's water quality program. 6. Pine Street Verification Design ---Per Marc Virata's request, we agree to include, on our final utility plans, details for the Pine Street design and construction as it pertains to our project. As discussed at our City Staff meeting, with these items addressed please schedule our project's Type II Hearing as soon as possible. If you have questions or comments the above information, please contact me at (970) 226-5000. Thank you. Jon cc: Basil Hamdan Marc Virata Enclosures