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HomeMy WebLinkAboutREDTAIL RESIDENTIAL - PDP - 26-01 - SUBMITTAL DOCUMENTS - ROUND 2 - ACCESS, UTILITY, DRAINAGE EASEMENT (3)Date STATE OF COLORADO ) ss. County of Larimer ) SPANJER REDTAIL, LLC A Colorado Limited Liability Company Steven L. Spanjer, Managing Member The foregoing instrument was acknowledged before me this day of , 2002 by Jonathan J. Prouty, President, Lagunitas Redtail, Inc., a Colorado Corporation. My Commission expires: Notary Public STATE OF COLORADO ) ss. County of Larimer ) The foregoing instrument was acknowledged before me this day of 2002 by Steven L. Spanjer, as Managing Member of Spanjer Redtail, LLC, a Colorado Limited Liability Company. My Commission expires: Notary Public E B. System Management. The Owner or Association serving each area in Block 1 shall have the right to enforce the parking rights and restrictions set forth herein in a reasonable manner. The Executive Boards of the Associations shall communicate with each other regarding the parking situation; the methods and policies for enforcement of parking regulations of common interest to the two Associations and all other parking issues of common interest. C. Definitions. "Owner" shall refer to any individual or entity who owns any portion of either area in Block 1, including the respective developers of the areas within Block 1. "Users" shall refer to all Owners and all tenants, invitees, and guests of the residential park improvements on the Block 1. "Association" shall refer to the Association established pursuant to the respective Declarations for each Block. 4. Operational Issues. All signage shall be designed, installed, and maintained by the Owner or Association for each area within Block 1. All expenses related to the installation, maintenance, repair, restoration, operation, inspection, alteration, and replacement of the vehicular and pedestrian traffic ways, and of the parking spaces, on each area in Block 1 shall be solely borne by the Owner or Association for such area. All expenses for cleaning, snow removal, restriping, and the like shall be borne solely by the Owner or Association for the Block on which activities occur. Each Owner or Association shall obtain and maintain in force liability insurance providing liability coverage of at least $1,000,000 for the vehicular and pedestrian traffic ways, and the parking areas. 5. Duration and Modification. The provisions hereof shall be effective upon the recording of this Agreement and shall endure until such time as this Agreement is revoked by mutual consent of the affected parties or both the residential and office park improvements are abandoned. 6. Colorado Law. This Agreement shall be interpreted and enforced in accordance with the laws of the State of Colorado. 7. Binding Effect/Associations. The provisions hereof shall inure to the benefit of, and be binding upon, the parties and their respective successors and assigns. Each Association shall be deemed an assignee hereof, and shall be deemed to have accepted the benefits and burdens of this Agreement, upon the establishment of each Association. The covenants hereof shall run with the land and shall be binding upon all future Owners and Users of Buildings A-F and Buildings G-I of Block 1, Redtail, F.D.P. IN WITNESS WHEREOF, the parties hereto have signed this Agreement on the dates shown by their respective signatures. Date LAGUNITAS REDTAIL, INC. A Colorado Corporation Jonathan J. Prouty, President K PARKING EASEMENT AGREEMENT 0 R ' REDTAIL F.D.P. This Easement Agreement, signed by the parties on the dates in 2002, shown by their respective signatures, is made by Lagunitas Redtail, Inc., a Colorado Corporation ("Lagunitas"); and Spanjer Redtail, LLC, a Colorado Limited Liability Company ("Spanjer"); and WITNESSETH that the parties agree as follows: 1. Recitals of Fact. Spanjer is purchasing the property described in the Redtail F.D.P., City of Fort Collins, County of Larimer, State of Colorado. Block 1 will be utilized for residential purposes only. The streets and parking areas within Redtail F.D.P. will be public and private. Buildings A-F in Block 1 (also known as Hilltop Farm) contains 88 parking spaces, Buildings G-I in Block 1 (also known as Redtail Pond) contains 40 parking spaces. The parties mutually desire to accommodate the flow of traffic, and the varying needs for parking spaces within the F.D.P., all as set forth herein. 2. Cross -access. All Owners and Users of Buildings A -I, Block 1 shall have an easement for ingress and egress from Buildings A-F to Buildings G-I, over and across the areas designated on the Plat for the flow of vehicular and pedestrian traffic. The flow of vehicular or pedestrian traffic within either Area may not be materially modified or changed without the approval of the City of Fort Collins and the owner of Block 1. Except to the extent reasonably necessary for the construction of improvements on Block 1 (whether for residential, office, or common element purposes), the flow of vehicular and pedestrian traffic shall not be blocked or hindered. 3. Reciprocal Parking. Except as set forth in this Section 3., all parking spaces in each area contained within Block 1 shall be reserved by use by Owners and Users of each area of Block 1, subject only to matters set forth in the respective Declarations of Covenants, Conditions and Restrictions for Buildings A-F and Buildings G-I in Block 1. PROVIDED, HOWEVER, that the following reciprocal parking arrangements shall apply, and each such Declaration shall be subject and subordinate to such arrangements: A. Buildings G-I, Block 1 for Buildings A-F, Block 1. At all times two of the parking spaces within Buildings G-I, Block 1 (that is, 2 spaces in Redtail Pond) shall be available for use by Owners in Buildings A-F, Block 1 (Hilltop Farm). No permits or parking space assignments shall apply, unless either or both of such arrangements are hereafter instituted by mutual consent of the Associations. LAGUNITAS REDTAIL, INC. 3944 JFK Parkway, Fort Collins, CO 80525 970-226-5000•fax 970-226-5125 cJuly-24-2002 City of Fort Collins P.O. Box 580 Fort Collins, CO 80522 Re: Redtail Project / Parking Easement Dear Sirs: It is our intention to grant a parking easement for tenants of Buildings A-F (otherwise known as Hilltop Farm neighborhood) to access two parking spaces contained within the Buildings G-1 neighborhood (otherwise known as Redtail Pond). The purpose of this easement is to provide the required number of parking spaces for the Hilltop Farm neighborhood to meet LUC standards. With the additional two spaces, Hilltop Farm will satisfy the minimum requirement. A draft of the Parking Easement Agreement is enclosed for your reference. Sincerely, 1 Jon Prouty, President J P/vd Enclosure