HomeMy WebLinkAboutREDTAIL RESIDENTIAL - FDP - 26-01A - SUBMITTAL DOCUMENTS - ROUND 3 - EASEMENTS (8)STATE OF COLORADO )
).ss.
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this day of
2005, by Jonathan J. Prouty, President of LAGUNTTAS FORT COLLINS, INC., a Colorado
corporation and LAGUNTTAS REDTAIL, INC., a Colorado corporation.
Witness my hand and official seal.
My commission expires:
3
Notary Public
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.
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.
7. NOON
t M�THA � O � N
LAGUNITAS REDTAIL, INC., a Colorado
corporation
Jonathan J. Prouty, President
STATE OF COLORADO )
ss.
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this 1� day of
2005, by THOMAS G. NOONAN and MARTHA NOONAN. V
Witness my hand and official seal.
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My commission expires
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GRANT OF EASEMENT AND AGREEMENT
THIS GRANT OF EASEMENT AND AGREEMENT is made and entered into this
19TKday of S f 2005, by and between THOMAS G. NOONAN and MARTHA
NOONAN (collectively, "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, legally described as Lot 3, Cameron Park, Second Filing, according
to the recorded plat thereof ("Lot 3").
WHEREAS, the Grantee is the owner of the real property lying immediately adjacent to
and to the west of Lot 3 ("the Grantee's Property").
WHEREAS, the Grantor is willing to grant to the Grantee a nonexclusive, perpetual slope
easement over, across, and upon the west twenty-five (25) feet of Lot 3 for the purpose of
constructing a stormwater berm ("the Berm Easement") and no other purpose.
WHEREAS, the Grantor is willing to grant to the Grantee a nonexclusive temporary
construction easement over, across, and upon Lot 3 as reasonably necessary for the purpose of
constructing a stormwater berm ("the Temporary Construction Easement") and no other purpose.
WHEREAS, the Berm Easement and the Temporary Construction Easement shall be
referred to collectively as "the Easements."
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 Berm Easement over, across, and upon the west twenty-five (25) feet
of Lot 3, and the Temporary Construction Easement.
2. The Grantee shall indemnify and hold harmless the Grantor and the Lot 3 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 3.
3. Upon completion of any work on Lot 3, 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 changes in grade resulting from the construction of the berm. The Grantee shall also
landscape the Berm 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 3 by or at the request of the Grantee, or on April 1, 2010,
whichever date first occurs.
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