HomeMy WebLinkAboutTHE PIER REPLAT - PDP - 30-04 - LEGAL DOCS - EASEMENTSEXHIBIT 'B'
EASEMENT EXHIBIT* MAP
FOR A UTILITY EASEMENT LOCATED IN THE PLAT OF THE FORT COLLINS PIER CONDIMINIUMS AT
THE LANDINGS P.U.D.. TO THE CITY OF FORT COLLINS, COUNTY OF LARIMER,
STATE OF BWl DING I _ 11NITS 11715-114
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PROPOSED UTILITY
EASEMENT
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Basis of Bearings for this Exhibit Map based on an assumed bearing of South 69'
S 1/4 Car. 56'28* East on the South line of the Southeast Quarter of Section 36. Township 7 SE Cor. JJJ
S36-7-69 North. Range 69 west of the 6th P.M., County of Lorimer. State of Colorado S36-7-69
8.00'
NOTE: THIS DRAWING DOES NOT Prepared By: Client: TOUCHPOINT INVESTMENTS, U_C
REPRESENT MONUMENTED FIELD Interrnill Land Surveying, Inc. c/o Kelley Hammel
SURVEY OF THE SUBJECT 1301 North Cleveland Avenue 4660 Getaway Drive
PROPERTY. IT IS INTENDED TO Loveland, CO. 80537 Berthoud, Colorado 80513
DEPICT THE ATTACHED PROPERTY (970) 669-0516
DESCRIPTION FOR THE SUBJECT Project No.: P-04-5640
PROPERTY.
According to Colorado low you must commence any legal action based on this survey within three
years after you discover such defect. In no event, may any action based upon any defect in this
survey be commenced more than ten years from the date of the certification shown hereon.
0
IniMrmill Land Surv*ing
P-04-5640
August 30, 2004
1301 N. Cleveland Ave.
Loveland, Colorado 80537
(970) 669-0516
Fax: (970) 635-9775
E-mail: intermill@qwest.net
EXHIBIT `A'
PROPERTY DESCRIPTION FOR UTILITY EASEMENT
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That portion of the FORT COLLINS PIER CONDOMINIUMS At The Landings P.U.D., City of
Fort Collins, County of Larimer, State of Colorado, Building L, Units 105-114, situate in the
Southeast Quarter of Section 36, Township 5 North, Range 69 West of the 61h P.M., City of Fort
Collins, County of Larimer, State of Colorado being more particularly described as follows:
Considering the South line of the Southeast Quarter of said Section 36 as bearing South
89056'28" East and with all bearings contained herein relative thereto:
Beginning at the Southwest corner of said Southeast Quarter; thence North 38049'21" East
662.98 feet, more or less, to the Northwest corner of said FORT COLLINS PIER
CONDOMINIUMS At The Landings P.U.D., City of Fort Collins, County of Larimer, State of
Colorado, Building L, Units 105-114 and the TRUE POINT OF BEGINNING; thence along the
Westerly and Southerly lines of said FORT COLLINS PIER CONDOMINIUMS At The
Landings P.U.D., City of Fort Collins, County of Larimer, State of Colorado, Building L, Units
105-114 South 00°15'00" East 82.00 feet and again North 89°45'00" East 8.00 feet; thence
departing said Southerly line North 00°15'00" West 82.00 feet, more or less, to a point on the
Northerly line of said FORT COLLINS PIER CONDOMINIUMS At The Landings P.U.D., City
of Fort Collins, County of Larimer, State of Colorado, Building L, Units 105-114; thence along
said Northerly line South 8904510011 West 8.00 feet to the TRUE POINT OF BEGINNING.
Containing 656 square feet, more or less.
Prepared By and On Behalf Of
INTERMILL LAND SURVEYING, INC.
Robert George Persichitte
Colorado PLS 34174
Date:
Sign / Seal
3
Rev. 6/11/02
IN WITNESS WHEREOF, the Grantor has executed this Grant of Easement the day and year
first above written.
GRANTOR(S):
FORT COLLINS PIER CONDOMINIUM ASSOCIATION,
A Colorado Not For Profit Corporation
By: Steve Hawes as President of
FORT COLLINS PIER CONDOMINIUM ASSOCIATION,
A Colorado Not For Profit Corporation
By: Don Sanne as Secretary/Treasurer of
FORT COLLINS PIER CONDOMINIUM ASSOCIATION,
A Colorado Not For Profit Corporation
STATE OF COLORADO )
) SS
COUNTY OF LARIMER )
The foregoing instrument was
2004 by
Secret ry/Treasurer of the Fort Collins
Profit Corporation.
Witness my hand and official seal.
My commission expires
Not ublic
d bef#sre this 3�g / day of
;s as Prrsiflent and Don Sanne as
inium Asio tion, A Colorado Not For
Uy Commission Expires 10l281 U
2
Rev.6/11/02
GRANT OF EASEMENT
THIS INDENTURE, made this day of , 2004, by and between FORT
COLLINS PIER CONDOMINIUM ASSOCIATION, A Colorado Not For Profit Corporation,
with an address of 4501 Boardwalk Drive, Fort Collins, Colorado, 80525, as party of the first part,
hereinafter referred to as "Grantor", and BOARDWALK ASSOCIATES, LLC, A Colorado
Limited Liability Company", with an address of 4660 Getaway Drive, Berthoud, Colorado,
80513, hereinafter referred to as "Grantee."
WITNESSETH:
FOR GOOD AND VALUABLE CONSIDERATION, the receipt of which is hereby
acknowledged, Grantor has this day bargained and sold, and by these presents does bargain, sell, convey,
transfer and deliver unto the Grantee, its successors and assigns, an exclusive utility easement in, over,
and across the real estate hereinafter described, including the perpetual right to enter upon said property at
a time that it may see fit, and to construct and maintain an existing water service across, through, upon
and under the real property hereinafter described and to repair, replace, relocate, inspect, operate and
maintain said existing water service; provided, however, that the Grantee shall restore the ground surface
to its prior condition after disturbing same. The term "existing water service", as used herein, shall
include below ground lines, pipes, meter pits, curb stops and other equipment, appurtenances and
structures associated with water service purposes and which are owned and maintained by the Grantee.
The term "exclusive easement," as used herein, shall mean, that, any below ground utility systems and
appurtenances and other below ground permanent or substantial structures not owned and maintained by
the Grantee shall not be installed or encroach upon any portion of the herein described easement unless
first approved otherwise by the Grantor.
The easement and right-of-way hereby granted, situated in the City of Fort Collins, County of
Larimer County, State of Colorado is described as follows:
Exhibit "A" — Easement Description
Exhibit "B" — Easement Drawing
TO HAVE AND TO HOLD said easement unto the Grantee, its heirs, successors and assigns
forever.
The Grantee does hereby covenant with the Grantor that it is lawfully seized and possessed of the
real property above described, that it has a good and lawful right to convey the easement herein granted,
that the said easement is free and clear of all encumbrances, and that it will forever warrant and defend
the title thereto against lawful claims of all persons whomsoever.
1
Rev.6/11/02
EXHIBIT `B'
DESCRIPTION FOR EASEMENT
That portion of the FORT COLLINS PIER CONDOMINIUMS At The Landings P.U.D., City of
Fort Collins, County of Larimer, State of Colorado, Building L, Units 105-114, situate in the
Southeast Quarter of Section 36, Township 5 North, Range 69 West of the 6a' P.M., City of Fort
Collins, County of Larimer, State of Colorado being more particularly described as follows:
Considering the South line of the Southeast Quarter of said Section 36 as bearing South
89°56'28" East and with all bearings contained herein relative thereto:
Beginning at the Southwest corner of said Southeast Quarter; thence North 38°49'21"
East 662.98 feet, more or less, to the Northwest corner of said FORT COLLINS PIER
CONDOMINIUMS At The Landings P.U.D., City of Fort Collins, County of Larimer,
State of Colorado, Building L, Units 105-114 and the TRUE POINT OF BEGINNING;
thence along the Westerly and Southerly lines of said FORT COLLINS PIER
CONDOMINIUMS At The Landings P.U.D., City of Fort Collins, County of Larimer,
State of Colorado, Building L, Units 105-114 South 00°15'00" East 82.00 feet and again
North 89045'00" East 8.00 feet; thence departing said Southerly line North 00°15'00" West 82.00
feet, more or less, to a point on the Northerly line of said FORT COLLINS PIER
CONDOMINIUMS At The Landings P.U.D., City of Fort Collins, County of Larimer, State of
Colorado, Building L, Units 105-114; thence along said Northerly line South 89°45'00" West
8.00 feet to the TRUE POINT OF BEGINNING.
Containing 656 square feet, more or less.
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EXHIBIT `A'
That portion of the Plat of PIER CONDOMINIUMS and that portion of the Plat of
AMENDMENT TO THE PIER, situate in the Southeast Quarter of Section 36, Township 5
North, Range 69 West of the 6`h P.M., City of Fort Collins, County of Larimer, State of Colorado
being more particularly described as follows:
Considering the South line of the Southeast Quarter of said Section 36 as bearing South
89°56'28" East and with all bearings contained herein relative thereto:
BEGIN at a point on the West line of the Southeast Quarter of said Section 36; which point bears
North 00°05'25" West 400.00 feet from the South Quarter corner of said Section 36; thence along
said West line of the Southeast Quarter of said Section 36 North 00005'25" West 499.00 feet to
the Northwest corner of the said Plat of PIER CONDOMINIUMS; thence departing said West
line of said Southeast Quarter of said Section 36 North 89°54'35" East 400.63 feet to the
Northwest corner of the Plat of the Fort Collins Pier Condominiums at the Landings P.U.D., in
accordance with the Map filed for record March 20,1981 at Reception No. 404192, records of
said County; thence along the Northwesterly line of said Plat of. the Fort Collins Pier
Condominiums at the Landings P.U.D., in accordance with the Map filed for record March
20,1981 at Reception No. 404192 South 29045'00" West 236.45 feet to the Southwest comer of
the Plat of the Fort Collins Pier Condominiums at the Landings P.U.D., in accordance with the
Map filed for record March 20,1981 at Reception No. 404192; thence departing said
Northwesterly line and along the Northerly, Westerly and Southerly lines of that certain parcel of
land as described in deed recorded at Reception No. 85055299, records of said County the
following four (4) courses and distances:
1) North 60°15'00" West 70.00 feet;
2) South 29°45'00" West 142.00 feet;
3) South 60°15'00" East 75.00 feet;
4) North 89°45'00" East 108.96 feet,
more or less, to the Northeast corner the Plat of Fort Collins Pier Condominiums at the Landings
P.U.D., in accordance with the map filed for record April 15, 1981 at Reception No. 407597,
records of said County; thence along the Westerly and Southerly lines of said Plat of Fort Collins
Pier Condominiums at the Landings P.U.D., in accordance with the map filed for record April 15,
1981 at Reception No. 407597 South 00°15'00" East 82.00 feet and again North 89°45'00" East
63.00 feet to a point on the Westerly line of said certain parcel of land as described in deed
recorded at Reception No. 85055299; thence along said Westerly line of said certain parcel of
land as described in deed recorded at Reception No. 85055299 South 00°15'00" East 55.12 feet;
thence departing said certain parcel of land as described in deed recorded at Reception No.
85055299 North 89°45'00" East 86.00 feet, more or less, to a point on the Westerly right-of-way
line of Boardwalk Drive; thence along said Westerly right-of-way line of Boardwalk Drive South
00°15'00" East 14.89 feet, more or less, to a point on the Northerly line of said Plat of
AMENDMENT TO THE PIER; thence along said Northerly line of said Plat of AMENDMENT
TO THE PIER South 89°45'00" West 164.67 feet; thence departing said Northerly line of said
Plat of AMENDMENT TO THE PIER South 00°15'00" East 2.12 feet; thence South 89°45'00"
West 7.34 feet; thence South 30°00'00" West 15.70 feet; thence South 89°45'00" West 31.00
feet; thence South 00°15'00" West 26.95 feet; thence North 60°15'00" West 91.83 feet; thence
South 89°45'00" West 194.06 feet; thence North 00°15'00" West 34.03 feet; thence South
89045100" West 81.26 feet, more or less, to a point on the West line of the Southeast Quarter of
said Section 36 and the POINT OF BEGINNING.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement or
caused it to be executed as of the date first written hereinabove.
GRANTEE:
BOARDWALK ASSOCIATES, LLC,
A Co)oradc]Llmite(Liability Company"
Al
r. Sainm uel K."I4amel as Manager of
=WALK ASSOCIATES, LLC,
Colorado Limited Liability Company"
OWNER(S):
FORT COLLINS PIER CONDOMINIUM ASSOCIATION,
A Colorado Not For Profit Corporation
&::
By: Steve Hawes as President of
FORT COLLINS PIER CONDOMINIUM ASSOCIATION,
A Colorado Not For Profit Corporation
By: Don Sanne asecretary/Treasurer of
FORT COLLINS PIER CONDOMINIUM ASSOCIATION,
A Colorado Not For Profit Corporation
AGREEMENT FOR EASEMENT
THIS AGREEWNT FOR EASEMENT AREA ("Agreement") is made and
3/ entered into this � day of /45 2004, by and between and BOARDWALK
ASSOCIATES, LLC, A Colorado Limited Liability Company" (Grantee), with an
address of 4660 Getaway Drive, Berthoud, Colorado, 80513, and FORT COLLINS PIER
CONDOMINIUM ASSOCIATION, A Colorado Not For Profit Corporation,
("Owner's"), with an address of 4501 Boardwalk Drive, Fort Collins, Colorado, 80525.
WHEREAS, "Grantee" is the owner, of that certain real property comprising
approximately 3.96 acres, situated in the City of Fort Collins, Larimer County, Colorado,
legally described in Exhibit A, attached hereto ("the Property");
WHEREAS, "Owner" is the owner of real property legally described in Exhibit
B, attached hereto, which is adjacent to the Property (Easement Area);
WHEREAS, the City of Fort Collins has required the Grantee to obtain an
easement, from "Owner" for an existing water service line; and,
WHEREAS, Owner is willing to dedicate, and Grantee is willing to purchase,
such easement, upon the terms and conditions set forth herein below;
NOW THEREFORE, in consideration of the premises, and for other good and
valuable considerations, the receipt and sufficiency of which are hereby acknowledged,
the parties agree as follows:
1. Upon receipt by BOARDWALK ASSOCIATES, LLC of Final Plat approval
from the City of Fort Collins for subdivision of the Property, FORT COLLINS PIER
CONDOMINIUM ASSOCIATION shall grant the Grantee an easement for an existing
water service line across the Easement Area. Such grant shall be made on the standard
forms utilized for such purposes at that time.
2. Grantee shall pay to Owner, as full compensation for the Additional Right -of -
Way, the sum of Ten Dollars and No Cents, ($10.00) in one payment and prior to grant of
easement.
3. This Agreement is entered into, and shall be interpreted in accordance with, the
laws of the State of Colorado.
4. This Agreement shall be binding upon, and shall inure to the benefit of, the parties
hereto and their respective heirs, successors and assigns.
5. This Agreement sets forth the entire understanding of the parties with respect to
the matters addressed herein, and may only be modified by written amendment signed by
all of the parties.
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