Loading...
HomeMy WebLinkAboutKRUGER OFFICE BUILDING - PDP - 10-98 - LEGAL DOCS - EASEMENTS (5)IN CLOCK )Q3 �[_AN OF PROP >SEL f?LLt=r �f-7 GOLOK�9 c� FORT CO 1-1-11y5 . 1n1. MA GNO L1 A STREET DESCRIPTION OF ALLEY TO BE VACATED located is Block 103 ofthe City ofFort CoIIms, Colorado, A twenty (20.00) foot wide aiey lines be¢ Southwest comer ofLot 1 is said which is contained witbi3 the boundary comer ofLot 20 is said Block 103; Block 103 and run thence V1est 20.00 feet to the Southeast rime of a 12 foot thence i`Tc=sh'-50.00 Southeast comer ofLo_Z the easterly r= �m2�Blo along0 and 0 thence Fast 20.00 feet to wide private drive to the the westerly the Northwest cornet ofLot 3 in said Block 103; thence South 150.00 fcct.along lines of Lots 1, Z, and 3 in said Block 103, to the point ofbegmnmg. E� lb ?7 �- clamr_r of STEWorsT4/�SSOG. N�i7; Mark Driscoll, President, First National Bank STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this day of 199_ff, by Mark Driscoll, President of First National Bank. Witness my hand and official seal. My Commission Expims June 30, 209 (seal) NOTARY it P�itQr6.�� a a"'Ge -. Lauren Nelson STATE OF COLORADO )ss. COUNTY OF LARIMER Notary Public Dale Kruger The foregoing instrument was acknowledged before me this 2-I day of 1991, by Lauren Nelson and Dale Kruger. Witness my hand and official seal. My commission expires: S f I 12-4 a I '�IJ4--Z—� Notary Public instrument signed by the party or parties seeking to enforce said amendment or modification and also signed by the party or parties against whom such amendment or modification shall be enforced. This Agreement may be executed in more than one counter party of which shall be deemed as an origirial, but all of which together shall constitute the same Agreement. THE UNDERSIGNED, having carefully read the above and foregoing Easement and Maintenance Agreement and knowing the contents thereof, and have signed the same on behalf of each of the parties, first having benefit of legal counsel. Each party forever waives all rights to assert this Easement and Maintenance Agreement was a mistake of law or fact. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first written above. att Christine A. Martell L. Allen Weaver STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this /7" 'day of 199 P by Billy B. Wyatt, Christine A. Martell and L. Allen Weaver. Witness my hand and official seal. My commission expires: 021?102 D on NOTARY'•; Notary Pu c PUBLIC y__ Of COL..• Weaver and FNB. Nelson hereby grants a non-exclusive easement for the use of ingress and egress to the property owned by Nelson, for the benefit of Wyatt, Martell, Weaver, Kruger and FNB their heirs, successors, assigns and invitees to the land owned by Ms. Nelson as identified as "Proposed Alley Vacation" and legally described in the attached Exhibit "A". c. Grant of Perpetual Non -Exclusive Easement —Wyatt, Martell and Weaver to Kruger, Nelson and FNB. Wyatt, Martell and Weaver hereby grant a non-exclusive easement for the use of ingress and egress to the property owned by Wyatt, Martell and Weaver for the benefit of Kruger, Nelson, and FNB and their heirs, successors, assigns and invitees to their land owned by Wyatt, Martell and Weaver as identified as "Proposed Alley Vacation" and legally described in the attached Exhibit "A'. The combined amount of property granted between and for the benefit of these parties is an easement 20' in width and shall not exceed the dimensions that are currently contained in the alley described and identified by attached Exhibit "A". 2. Maintenance and Repair of Easement. All parties desire to maintain the current roadway in its existing condition. The parties further confirm by this Agreement that the existing roadway is a private road, not open to the general public but for the use of the parties hereto. The parties agree that the cost of maintaining said roadway will rest with Kruger, his heirs, successors and assigns and shall be a burden to real property of Kruger. This maintenance obligation shall include a duty to maintain the roadway in a commercially reasonable condition, with a hard top surface free from major obstructions including pot holes. 3. Easement to Run With Land. The grant of easement hereunder shall run with the land and shall be binding on and shall anew to the benefit of the parties hereto, their heirs, successors and assigns. 4. Attorneys Fees. Anything to the contrary herein notwithstanding, in the event of any arbitration or court proceeding regarding the enforcement of this Agreement, such tribunal shall award the prevailing party its reasonable costs, including reasonable attorneys fees. 5. Mutual Release. Except for the rights expressly reserved and set forth pertaining to this Agreement, each party does hereby voluntarily and willing, release, discharge and relinquish all claims, demands, cause of action, whether in law or equity, whether known or unknown, anticipated or unanticipated, direct or indirect, expressly contingent, whether heretofore asserted or not, with each of the party now claims to have or have had, now have or claim to have had against the other party. It is expressly understood that this Agreement represents the full and final Agreement of the parties with respect to this easement. Any and all understanding among the parties, either written or verbal, with respect to the subject matter of the Agreement, and including but not limited to the original contract, prior to the date of this Agreement are superseded by this Agreement. 6. Miscellaneous. This Agreement shall be interpreted and construed in accordance with the laws of the State of Colorado. This Agreement may only be amended or modified by written EASEMENT AND MAINTENANCE AGREEMENT THIS AGREEMENT made thisLZhday of — , 1998, by and between Billy B. Wyatt, Christine A. Martell, L. Allen Weaver (hereinafter Wyatt, Martell, Weaver), Dale A. Kruger (Kruger), Lauren Nelson (Nelson) and First National Bank (FNB). RECITALS OF FACT: A. Kruger is the owner of certain real property described as Lot 20, Block 103, City of Fort Collins, also known as 218 West Magnolia, Fort Collins, Larimer County, CO 80521. B. Wyatt, Martell and Weaver are the owners of certain real property described as Lot 19, Block 103, in the City of Fort Collins, Colorado also known as 222 West Magnolia Street, Fort Collins, Larimer County, CO 80521. C. Nelson is the owner of certain real property described as Lots 1, 2 and 3, Block 103, City of Fort Collins, Larimer County, Colorado, also known as 210 West Magnolia Street, Fort Collins, CO 80521. D. FNB is the owner of certain real property described as Lots 4,5,6,7,8, the south 40 feet of Lot 11, Lot 12 and Lot 13, and the vacated 20 foot wide alley, in Block 103, City of Fort Collins, County of Larimer, State of Colorado. E. There currently exists an alley that runs north and south with a width of 20' between the Kruger property and the Nelson property which ultimately connects to the private drive owned by Wyatt, Martell and Weaver, located at the north side of Lots 19 and 20 and ends at the previously vacated alley owned by FNB. A legal description and diagram of said alleyway is attached as Exhibit "A". F. The City has proposed to vacate said alley and grant the property to Kruger, Nelson, Wyatt, Martell and Weaver. Ms. Nelson would receive the eastern '/2 of the alley, representing 10' x 150'. Kruger would receive the western''/z of the easement except for the north 12' representing a parcel of land 10' x 138'. Wyatt, Martell and Weaver would receive the northwest corner of the alley representing a parcel 12' x10'. NOW THEREFORE, for good and valuable consideration, the adequacy of which is mutually agreed, Wyatt, Martell, Weaver, Nelson, Kruger and FNB agree as follows: 1. a. Grant of Perpetual Non -Exclusive Easement - Kruger to Wyatt, Martell, Weaver, Nelson and FNB. Kruger hereby grants a non-exclusive easement for the use of ingress and egress to the property owned by Kruger for the benefit of Wyatt, Martell, Weaver, Nelson and FNB and their heirs, successors, assigns and invitees to their portion of the land identified as "Proposed Alley Vacation" and legally described in the attached Exhibit "A". b. Grant of Perpetual Non -Exclusive Easement — Nelson to Kruger, Wyatt, Martell, TO: Sheri Wamhoff FROM: Dale Kruger DATE: September 29, 1998 RE: Alley Vacation - Kruger Office Building I have enclosed a copy of the EASEMENT AND MAINTENANCE AGREEMENT for your records. It has been signed by all of the affected property owners. It will be recorded this week. I have also given a copy to Mike Ludwig of the Planning Department. Thank you for your assistance.