HomeMy WebLinkAboutREDTAIL RESIDENTIAL - FDP - 26-01A - SUBMITTAL DOCUMENTS - ROUND 3 - EASEMENTS (7)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 successors and assigns.
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.
LAGUNITAS FOSSIL CREEK INC.,
a Colorado comoration
J. Prouty, President
LAGUNITAS REDTAIL, INC., a Colorado
corporation
B
KanJ. Prouty, President
STATE OF COLORADO )
ss.
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this At� day of �Q
2004, by Jonathan J. Prouty, President of LAGUNITAS FOSSIL CREEK INC., a Colorado
corporation; and LAGUNITAS REDTAIL, INC., a Colorado corporation.
Witness my hand and official seal.
My commission expires: O - I q- O� �`�p�E.VIN0.0%.��
Notary
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GRANT OF EASEMENT AND AUH1; ;M>t;NT
,ZC,,�j THIS GRANT OF EASEMENT AND AGREEMENT is made and entered into this
1.Iti day of ][k" K_, 2004, by and between LAGUNITAS FOSSIL CREEK INC., a
Colorado corporation ("the Grantor"); and LAGUNTTAS REDTAIL, INC., a Colorado
corporation, the address of which is 3944 JFK Parkway, Fort Collins, Colorado 80525 ("the
Grantee").
WTTNESSETH:
WHEREAS, the Grantor is the owner of the real property situated in the County of
Larimer, State of Colorado, legally described as Lot 5, Cameron Park, Second Filing, according
to the recorded plat thereof ("Lot 5").
WHEREAS, the Grantee is the owner of the real property lying immediately adjacent to
and to the west of Lot 5 ("the Grantee's Property").
WHEREAS, the Grantor is willing to grant to the Grantee a nonexclusive temporary
construction easement over, across, and upon Lot 5 as reasonably necessary for the purpose of
matching the grade along the boundaries between Lot 5 and 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, a Temporary Construction Easement over, across, and upon the west five
(5) feet of Lot 5.
2. The Grantee shall indemnify and hold harmless the Grantor and Lot 5 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 5.
3. Upon completion of any work on Lot 5, 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 Easement 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 5 by or at the request of the. Grantee, or on April 1, 2010,
whichever date first occurs.
Ql o YC..cord�lbee
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