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HomeMy WebLinkAboutADVANTAGE (RENTAL) CENTER - PDP/FDP - 36-97 - SUBMITTAL DOCUMENTS - ROUND 1 - EASEMENTS- 40 v STATE OF COL40RADO ) as. COUNTY OF LARIMER The foregoing a4sement Agreement was acknowledged before me this �� day of 1997, by Ronald WI;--RQPkvaM- witness my hand and official seal. My commjp6ion Expires. 4 water drainage easement which is located on the east boundaries of Lots 10 through 16 (the current drainage easement is ten feet). 11. The parties agree that after Rockvam purchases the Real; Property, this Agreement shall be recorded with the Clerk and Recorder of Larimer County, Colorado. If and only if the City of Fort Collins requires that additional documents be prepared, submitted and/or recorded, then the parties agree to work with and cooperate with the City of Fort Collins preparing, signing, submitting and/or recorded such documents ae, are required to effectuate this Agreement. 12. The parties will sign any other documents reasonably necessary to accomplish the purposes of this Agreement. 13. in the event of any litigation arising out of this Agreement, the prevailing party shall be entitled to an award of its reasonable costs and expenses, including attorney fees. 14. This Agreement shall be enforceable by injunctive relief. 15. This Agreement shall run with the land and shall inure to the benefit of and be binding upon the parties and their respective heirs, personal representatives, agents, successors and assigns. Neither party shall be personally liable for performance of this Agreement after conveyance of his property. IN WITNESS WHEREOF, Mauldin and Rockvam have executed this document Ahis z 9-1— day of . 1997 R. STATE OF COLORADO ) ) so. COUNTY Off' LARIMER ) The ,foregoing Basement Agreement was acknowledged before me this o_? day of 1997, by Arthur INau1, l witness my hand and official seal. My 3 Notary Publl ion Expires: 1 �r a 3. Rockvam agrees to pay one-half of the costs of repair and maintenance of the Basement, within thirty (30) days of receipt of proof that expenses for such repair or maintenance have been incurred. 4. Mauldin agrees to pay one-half of the costs of repair and maintenance of the Basement, within thirty (30) days of receipt of proof that expenses for such repair or maintenance have been incurred. Provided, that Mauldin's duty to pay for repair and maintenance of the Easement shall not begin unless and until a building permit has been issued by the City of- Fort Collins for construction of improvements on that portion of Lot 10 of the Fairway Estates Lots retained by Mauldin. Until then, Rockvam will pay all of the costs of repair and maintenance for the Easement. S. Mauldin agrees that at the closing on the sale to Rockvam of the Real Property, Mauldin shall pay $3,000.00 to the title company handling the closing to be held in escrow by such company until construction of the Easement is completed. The escrow agent upon proof that such construction has been completed shall pay the $3,000.00 to Rockvam to be applied to the costs of such construction. The parties will sign an escrow agreement incorporating these terms, in the standard form used by the title company. Mauldin's liability for payment of the cost of constructing a paved driveway on the Easement shall be limited to the $3,000.00. 6. The parties shall determine jointly the timing and details of the construction of the Easement, and shall cooperate with each other in good faith; provided, the Easement shall be completed on or before June 1, 1998. 7. Rockvam shall, after construction of the Easement, have the responsibility and right to determine from time to time what repairs and maintenance are needed, and to arrange for such repairs and maintenance to be done; and Rockvam shall consult with and advise the current owner and any future owners of that portion of Lot 10 retained by Mauldin of such plans and shall provide other reasonably required information concerning the costs incurred for such repairs and maintenance. 8. Both parties agree not to in any way restrict the other party's or his customers' access over or across the Easement. 9. Mauldin agrees to grant an easement over one-half of the area needed by the City of Fort Collins for a fire truck turnaround (eighty feet total) as shown on the drawing labeled Exhibit A, attached to and made a part of this Agreement, 10. Mauldin agrees to grant, if needed by the City of Fort Collins, an additional five feet to the width of the current storm E ski :A,.1'1 This Easement ree ent (the "Agreement") is entered into this -V day of C , 1997, between Arthur Mauldin, an individual ("Mauldin" and Ronald R. Rockvam, an individual ("Rockvam"). R E C I T A L S A. Mauldin is the owner of real property located in the County of Larimer, State of Colorado, described as follows: Lots 7 through 16, inclusive, of Fairway Estates, City of Fort Collins, Larimer County, Colorado, hereinafter referred to as "the Fairway Estates Lots". S. Rockvam has entered into a purchase agreement with Mauldin to purchase the following described property: The south 15.87' of Lot 7, all of Lot 8, all of Lot 9, and the North 15.0' of Lot 10, a replat of a part of Fairway Estates, Fort Collins, Colorado, Larimer County, Colorado. Said site has a frontage of 92.61' with a depth of 250' (the ■Real Property"). C. The parties desire that an 24 foot blacktopped access easement be designated, constructed and maintained between the Real Property to be conveyed to Rockvam and the remainder of the Fairway Estates Lots to be retained by Mauldin, which easement shall be over and across the southerly -most 12 feet of the Real Property to be conveyed to Rockvam and the northerly -most 12 feet of Lot 10 of Fairway Estates Lots being retained by Mauldin. This easement in hereinafter referred to as "the Easement". D. Mauldin has also agreed to provided easements in the Fairway Estates Lots for drainage and a fire truck turnaround. E. The parties desire to reduce their agreement to this writing. Therefore, for the above reasons and in consideration of the mutual promises contained herein, the parties agree as follows: AGREEMENT 1. This agreement is subject to a condition precedent: that Rockvam purchases the Real property. if Rockvam does not do so, this Agreement shall be null and void. 2. Rockvam hereby grants to Mauldin and Mauldin hereby grants to Rockvam a nonexclusive, perpetual easement over, across and upon the Easement. Use of the Easement shall not be limited to present uses, or presently anticipated uses, of the Real Property or the Fairway Estate Lots.