HomeMy WebLinkAboutNIX FARM NATURAL AREA FACILITY - PDP/FDP - 10-01 - SUBMITTAL DOCUMENTS - ROUND 1 - ACCESS, UTILITY, DRAINAGE EASEMENTEXHIBIT "A"
LEASES TO BE ASSIGNED TO CITY OF FT COLLINS
LEASE NO. DATE CITY, COUNTY AND STATE
350261 12-02-87 Fort Collins, Larimer, Colorado
LESSEE
City of Ft. Collins
PURPOSE
Non-exclusive access roadway.
FORM 60102.9-83
5. Lessor consents to the assignment from Assignor to Assignee, provided that such
consent shall not be construed as consent to any further assignment of said leases.
6. This agreement shall be effective as of December 31, 1996.
7. Prior to completion of this assignment a processing fee of One Hundred Fifty Dollars
and no/100 ($150.00) shall be paid to Lessor.
IN WITNESS WHEREOF, the parties hereto have executed these presents the day and
year first above written.
THE BURLINGTON NORTHERN AND
SANTA FE RAILWAY COMPANY
By: Catellus Management Corporation
Its Attorney in Fact
T o�eville, Regional Property Manager
Wi s s to execu"on by Assignor:
% By.
Q,L , ` eS �t &-,fJ It 9-s QAVXitle:
Witnesses to execution by Assignee:
A ST•
AW
City Clerk
(:,R_OVED AS FO
ssistant City Att
THOM E. NIX, JR.
E.
Pt sS'
CITY OF FORT COLLINS, COLORADO, A
Municipal Corporation
(11.0-
By: q •J*
—P
Title: City Manager
FOM7 60102.9-83
FORM APPROVED
BY LAW
ASSIGNMENT
350261
THIS AGREEMENT, made this,56th day of IJOV,, 2000, among THE BURLINGTON
NORTHERN AND SANTA FE RAILWAY COMPANY, a Delaware corporation, hereinafter
called Lessor, THOMAS E. NIX, JR., an individual, hereinafter called Assignor, and CITY OF
FORT COLLINS, a municipal corporation of the State of Colorado, hereinafter called Assignee:
Whereas, Lessor and Assignor are parties to certain leases as shown on Exhibit "A"
attached hereto and made a part hereof.
Assignor and Assignee desire that Assignor's interest in said leases be assigned to
Assignee and that Lessor consent thereto.
NOW THEREFORE, the parties hereto, in consideration of their mutually -dependent
promises, hereby agree as follows:
1. For a valuable consideration, the receipt of which by Assignor is acknowledged,
Assignor sells, assigns, transfers and sets over to Assignee all of Assignor's interest in and under
said leases, as the same may have heretofore been amended or modified and as the same may be
hereby modified and amended.
2. Assignor understands and agrees that Assignor shall indemnify and hold
harmless Lessor from any suit or claim growing out of any damages alleged to have been
caused, in whole or in part, by (i) Assignor's use or occupation of the premises, (ii) an
unhealthful, hazardous or dangerous condition caused by, contributed to, or aggravated by
Assignor's presence on and use of the premises or (iii) Assignor's violation of any laws,
ordinances, regulations or requirements pertaining to solid or other wastes, chemicals, oil
and gas, toxic, corrosive, or hazardous materials, air, water (surface or groundwater) or
noise pollution, and the storage, handling, use or disposal of any such material. Assignor
shall bear the expense of all practices or work, preventative or remedial, which may be
required because of the condition or use of the premises, by Assignor or those claiming by,
through or under Assignor, during Assignor's occupancy. Assignor expressly agrees that
the indemnification and hold harmless obligations and obligations pertaining to
environmental matters, removal of improvements and restoration of the premises
contained within the Lease shall survive assignment of said lease to Assignee. Assignor
agrees that statutory limitation periods on actions to enforce these obligations shall not be
deemed to commence until Lessor discovers any such health or environmental impairment,
and Assignor hereby knowingly and voluntarily waives the benefits of any shorter
limitation period.
3. Assignee hereby accepts said assignment and, to the extent permitted by law, agrees
to be bound by and to abide by each and every of the terms and conditions of said leases and
hereby expressly assumes all liability for and agrees to pay to said Lessor all moneys which may
be now or hereafter due or payable to Lessor under the terms of said leases, including payment of
any rentals and taxes now due and unpaid by Assignor.
4. Assignee shall use the premises covered by said assignment for the exclusive purpose
of a non-exclusive access roadway.
Vulllmn luy, 'Thomas 17py, Q,.C• Deed $1 & OVC Dated Aug..23 1917 182748}, ,t
to 'Aok. Aug. 23, 19179�'bef1.T. �r..Varty fJP.Seal' DeKalb Cq } Iil ' ;: y .'
The Yort Collins Invoetient Company;'. Com. EYp. Jari. 25, g921,, 1
a Corporation. .
Root„Sbpt.. 129 :19179at 8t45 lkM n"Boo_k 347,'.p888r�(�/'''�r ,• s �1�7;,y'ynl� r
Conveys a:,; A right of way .,16.,. ft..wide over and apr0es !of•8eq , ;`
18 T p..7 1T.-R, 681.PJ..6th. P.lS.{' beg:'at tho'pt.' of intersection of.Hgr,therly..bdry.: line .of;tjie;right,,oP.`
way of the 0olorado and'Southern'Railway'Company':with.tho i'J. line:of:eald geo 18 th; aloti and iaunpd a-
d
tely_adjaobnt to said right, of way to`t}��e center`¢{ line of sald Poo r
Easement commonly known as Hoffman Mill Road :begins at the intersection of Riverside and LeMay and goes
eastwardly on the northside of the railroad tracks to the Property commonly known as the Nix Dairy Farm.
ATTACHMENT IV
Access Easement Agreements
EAPROJECT PILES\LAND\1968V\doc\v1968PDPstate.doc