HomeMy WebLinkAboutREDTAIL RESIDENTIAL - FDP - 26-01A - SUBMITTAL DOCUMENTS - ROUND 3 - EASEMENTSJ STATE OF COLORADO )
ss.
COUNTY OF LARIIVIER )
The foregoing instrument was acknowledged before me this /JT�I day of
2004, by Jonathan J. Prouty, President of LAGUNITAS REDTAIL, INC., a Colorado
Corporation.
Witness my hand and official seal. �tk%VIIiur/�
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My commission expires: b 9 - I9 - ZOO'1
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7. In the event the Grantee defaults in the performance of its obligations under this
Agreement, the Grantor shall be entitled to recover all costs and reasonable attorney's fees
incurred in enforcing this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Grant of Easement and
Agreement as of the day and year first above written.
WOODLEY BROTHERS, L.L.P., a
Colorado Limited Liability Partnership
BY:
Patrick Woodley `
BY:�1�_Q_1 On a
Michael Woodley
LAGUNITAS REDTAIL, INC., a Colorado
Corporation
BY:
J J fouty, President
STATE OF COLORADO
ss.
COUNTY OF BOULDER )
The foregoing instrument was acknowledged before me this l S4--�day of
2004, by PATRICK WOODLEY AND MICHAEL WOODELY, General P4itners ,, f:
WOODLEY BROTHERS, L.L.P, a Colorado Limited Liability Partnership.
Witness my hand and official seal.
My commission expires: bD l)
Notary Public
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SCOTT DOYLE, CLERK
111111111111111111111111 LARIMER COUNTY CO
RCPT"* 2005-0000933 20:41:0005
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PAGES - 3 FEE $16.00 DOC $0.00 #422213
GRANT OF EASEMENT AND AGREEMENT
THIS GRANT OF EASEMENT AND AGREEMENT is made and entered into this
1 ys� day of , 2004, by and between WOODLEY BROTHERS, L.L.P., a
Colorado Limited Liability artnership ("the Grantor"); and LAGUNTTAS REDTAIL, INC., a
Colorado Corporation, the address of which is 3944 JFK Parkway, Fort Collins, Colorado 80525
("the Grantee").
WITNES SETH:
WHEREAS, the Grantor is the owner of the real property situated in the County of
Larimer, State of Colorado, legally described as Lot 1, Weberg P.U.D., being a portion of the
Northeast Quarter Section 2, Township 6 North, Range 69 West of the Sixth P.M., City of Fort
Collins, County of Larimer, State of Colorado, according to the recorded plat thereof ("Lot 1").
WHEREAS, the Grantee is the owner of the real property lying immediately adjacent to
and to the south of Lot 1 ("the Grantee's Property").
WHEREAS, the Grantor is willing to grant to the Grantee a nonexclusive temporary
construction easement over, across, and upon the southerly most five (5) feet of Lot 1 as
reasonably necessary for the purpose of grading the Grantee's Property to match the grade of Lot
1, constructing a retaining wall along the boundary between Lot 1 and the Grantee's Property,
and installing landscaping on the Grantee's Property ("the Temporary Construction Easement").
NOW, THEREFORE, for and' in consideration of the mutual promises and covenants
herein contained and other good and valuable consideration, the receipt and adequacy of which
are hereby confessed and acknowledged, the parties hereto agree as follows:
1. The Grantor hereby grants, bargains, sells, and conveys to the Grantee, its
successors and assigns, the Temporary Construction Easement.
2. The Grantee shall indemnify and hold harmless the Grantor and the Property from
and against any and all claims, demands, actions, suits, and proceedings of whatever kind or
nature for personal injury, including death, or property damage arising out of, as a result of, or in
connection with any work performed by or at the request of the Grantee on Lot 1.
3. Upon completion of any work within the Temporary Construction Easement, the
Grantee shall restore the surface of the land to substantially the same condition as existed prior to
the commencement of such work. The Grantee shall also landscape the Temporary Construction
Easements by planting grass or other groundcover reasonably acceptable to the Grantor.
4. The Temporary Construction Easement shall terminate one (1) year, after
commencement of any work on Lot 1 by or at the request of the Grantee, or on April 1, 2008,
whichever date first occurs.
5. The parties shall execute such additional documents and instruments as may be
reasonably necessary to fully effectuate the terms of this Agreement.
6. This Agreement and all other documents and instruments executed to effectuate
this Agreement shall run with the land and shall be binding upon and inure to the benefit of the
parties hereto and their respective heirs, personal representatives, successors and assigns.
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