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Home My WebLink AboutREDTAIL RESIDENTIAL - FDP - 26-01A - SUBMITTAL DOCUMENTS - ROUND 3 - EASEMENTS (9)0 EXHIBIT B LEGAL DESCRIPTION A parcel of land being a portion of Lot 13 of Cameron Park Second Filing as recorded in Book 2113, Page 1611 of the Records of Larimer County, a subdivision located within Section 2, Township 6 North, Range 69 West of the 6`h P.M., City of Fort Collins, County of Larimer, State of Colorado, and more particularly described as follows: COMMENCING at the Northeast Corner of Lot 13 of Cameron Park Second Filing and assuming the Northerly line of said Lot 13 as bearing North 88°45'37" West with all bearings herein relative thereto: Thence North 88°45'37" West along the Northerly line of said Lot 13 a distance of 77.73 feet to an angle point on the Northerly line of said Lot 13, said angle point being the TRUE POINT OF BEGINNING. Thence North 57°38'25" West a distance of 29.77 feet; Thence North 65°21'22" East a distance of 15.00 feet to the Easterly line of said Lot 13; Thence South 27°25'37" East along said Easterly line a distance of 25.00 feet to the TRUE POINT OF BEGINNING. Said parcel of land contains 188 sq. ft. more or less and is subject to any rights -of -way or other easements as granted or reserved by instruments of record or as now existing on said described parcel of land. N EXHIBIT A LEGAL DESCRIPTION Lot 13 South: A part of Lot 13, Cameron Park Second Filing, City of Fort Collins, County of Larimer, State of Colorado which begins at the Southeast comer of said Lot 13 and run thence N89011'40"W 135.00 feet to the Southwest comer of said Lot 13; thence N27°55'00"W 100.00 feet along the Westerly line of said Lot 13; thence N65021'54"E 119.11 feet to a point on the Easterly line of said Lot 13; thence S27°25'00"E 25.00 feet; thence S88°45'00" E 77.73 feet; thence SOO°48'20"W 90.23 to a point on the right-of-way line of Coronado Court; thence along the arc of a 50.00 feet radius curve to the left a distance of 30.01 feet, the long chord of which bears S29°12'05"W 29.56 feet to the point of beginning, containing 20,420 square feet more or less. 5 IN WITNESS WHEREOF, the parties hereto have executed this Grant of Easement and Agreement as of the day and year first above written. LAGUNITAS FOSSIL CREEK INC., a Colorado corporation BY; ao % Jon J. u y, President LAGUNITAS REDTAIL, INC., a Colorado corporation BY: Jona n . u y,%President STATE OF COLORADO ) ss. COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this day of , 2004, by Jonathan J. Prouty, President of LAGUNITAS FOSSIL CREEK INC., a Colorado corporation and LAGUNITAS REDTAIL, INC., a Colorado nonprofit corporation. Witness my hand and official seal. My commission expires: CA — lq - O -1 0 I'N G'j'F' ''��i ........,.4,T IAA? , Notary Publjfr '.;9j�•..,,,,,..••'; i��''0Ot r NC , 8. 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 successors and assigns. 9. 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. 3 / 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 Slope Easement, the Driveway Easement and the Temporary Construction Easement. 2. Within sixty (60) days after written notice from the Grantor to proceed with construction of the Lot Improvements, the Grantee shall commence and thereafter diligently pursue completion of the Lot Improvements, the Grantee shall pay all costs and expenses incurred in the construction and installation of the Lot Improvements and shall indemnify and hold harmless the Grantor and Lot 13 South from and against any and all loss, cost, or expense including attorney's fees incurred by the Grantor as a result of the failure of the Grantee to pay the costs and expenses incurred in the construction and installation of the Lot Improvements. In the event a mechanic's lien is filed against Lot 13 South as a result of any work performed on Lot 13 South by or at the request of the Grantee, shall Grantee shall obtain the release of the lien within thirty (30) days after the recording of the lien. If the Grantee fails to obtain the release of the lien within said thirty (30) days, the Grantor shall have the right, but not the obligation, to pay the lien claim in full without regard to the validity thereof, and upon payment of the lien claim, the Grantor shall be entitled to immediate reimbursement for all costs and expenses, including attorney's fees, incurred by the Grantor in obtaining the release of the lien, together with interest thereon at the rate of twelve percent (12%) per annum from the date payment is made by the Grantor until reimbursed by the Grantee. 3. The Grantee shall indemnify and hold harmless the Grantor and Lot 13 South 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 13 South. 4. Upon completion of any work on Lot 13 South, the Grantee shall restore the surface of the land to substantially the same condition as existed prior to the commencement of such work, except for improvements made within the Driveway Area. 5. The Grantee shall also landscape any disturbed area except the Driveway Area by planting grass or other groundcover reasonably acceptable to the Grantor. 6. The Temporary Construction Easement shall terminate one (1) year after commencement of any work on Lot 13 South by or at the request of the Grantee, or on April 1, 2010, whichever date first occurs. 7. The parties shall execute such additional documents and instruments as may be reasonably necessary to fully effectuate the terms of this Agreement. 2 II�IIIIIII�IIIIIIIIIIIIIIIIIEQIIIIIIIiIi LARIMER COUNTYLCOK RCPTN# 2005-0000934 10:41:0005 PAGES - 6 FEE $31.00 DOC $0.00 #422214 03/30/04 GRANT OF EASEMENT AND AGREEMENT THIS GRAE1 OF EASEMENT AND AGREEMENT is made and entered into this IM day of J N. _, 2004, by and between FOSSIL CREEK EAST OFFICE PARK OFFICE OWNERS ASSOCIATION, INC., a Colorado corporation ("the Grantor"); and LAGUNITAS REDTAIL, INC., a Colorado corporation, the address of which is 3944 JFK Parkway, Fort Collins, Colorado 80525 ("the Grantee"). WITNESSETH: WHEREAS, the Grantor is the owner of the real property situated in the County of Larimer, State of Colorado, which property is the south part of Lot 13, Cameron Park, Second Filing, according to the recorded plat thereof ("Lot 13 South") legally described as shown on Exhibit A. WHEREAS, the Grantee is the owner of the real property lying immediately adjacent to and to the north of Lot 13 South ("the Grantee's Property"). WHEREAS, the Grantor is willing to grant to the Grantee a nonexclusive, perpetual slope easement over, across, and upon the northerly most and northwesterly portions of Lot 13 South for the purpose of matching the grade of Lot 13 South and the Grantee's Property ("the Slope Easement"). WHEREAS, the Grantor is willing to grant to the Grantee a nonexclusive, perpetual easement and right-of-way for the construction, installation, maintenance, repair, replacement, and improvement of a private drive ("the Driveway Easement") over, across, and upon that portion of Lot 13 South described and designated on Exhibit B attached hereto and incorporated herein by reference ("the Driveway Area"). WHEREAS, the Grantor is willing to grant to the Grantee a nonexclusive temporary construction easement over, across, and upon Lot 13 South as reasonably necessary for the purposes of matching the grade of Lot 13 South and Grantee's property; grass sod installation, modification of and extension of Grantor's irrigation system as necessary to irrigate said Lot, and construction of north edge of parking lot, and a private drive within the Driveway Area ("the Temporary Construction Easement"). WHEREAS, in consideration for the Driveway Easement, the Grantee is willing to construct and install matching the grade of Lot 13 South and Grantee's property, grass sod, modification and extension of Grantor's irrigation system as necessary to irrigate said Lot and construction of north edge of the Lot 13 parking lot approximately as shown on Exhibit C ("Lot Improvements"), which the Lot Improvements, once installed, shall be owned, operated, maintained, repaired, replaced, and improved by the Grantor. -rA twf&& clove • }� Cp"a^kt& F CC. Pa-r ls.,:�k �or�" rr�U.ihs CO 25U�J�