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Home My WebLink AboutLOFTS AT CAMPUS WEST (THE) - PDP/FDP - 28-97 - SUBMITTAL DOCUMENTS - ROUND 4 - EASEMENTSSEAR -BROWN EXHIBIT CAMPUS WEST 5yo� NIL SHOPPING CENTER REMAINDER / LOT 4 \ S00.04'43"E SAJ.1624"E \. 230.41' 22.47' a M =-------= --- N00'00'00"E------------.------- 263.30- ------ 00 EAST LINE TOWN SQUARE SUB. Z POINT OF BEGINNING i SE. COR. TOWN SQUARE SUB. TOWN SQUARE SUB. I 0 SCALE 1'=40' so _ ieo 'rHE SEAR -BROWN GROUP FULL -SERVICE DESIGN PROFESSIONALS FORMERI.Y RUD, INC. I I NII :I.0 ,IIM PC>li'f C"(iI .I .INS, (-.OI .C.)12/TIC)?SO'i I-:!(iQf EXHIBIT "B" 970-482-5922 FAX: 970.482-6368 DRAINAGE EASEMENT DESCRIPTION: EAST A drainage easement located on lot 4 of Campus West Shopping Center, situated in part of the Southeast Quarter of the Northeast Quarter of Section IS, Township 7 North, Range 69 West of the 6th Principal Meridian, City of Fort Collins, Larimer County, Colorado, being more particularly described as follows: Considering the East line of the Town Square Subdivision as bearing North 00000'00" East with all bearings contained herein relative thereto: BEGINNING at the Southeast corner of Said Town Square Subdivision; thence, North 00000'00" East, along said East line, 263.30 feet; thence, South 30038152" East, 12.71 feet; thence, South 00004'43" West, 230.41 feet; thence, South 11016'24" East, 22.47 feet to a point on the North line of West Elizabeth Street; thence, North 89034'00" West along said North line, 11.19 feet to the POINT OF BEGINNING. The above described easement contains 0.040 acres more or less and is subject to all easements and rights -of -way now on record or existing. 782001.WPD G-1G-97 RAN Legal Uescriptivn GRANTEES: Je r naldson Jfn M. Donaldson STATE OF COLORADO, ) ss. COUNTY OF LARIMER, ) T e foregoing instrument was acknowledged before me this day of 1998, by Jeffrey M. Donaldson. my hand and official seal. �'• TARP-`"•�y1� z a I or }r fission expires: lbw Z. ROO j0UBL10 0�>� o"C 0 �P`\`�. MY COMMISSION EXPIRES: MAY 20, 2001 Notary Public STATE OF COLORADO, ) ss. COUNTY OF LARIMER, ) The foregoing instrument was acknowledged before me this day of 1998, by John M. Donaldson. Witness my hand and official seal. emission expires: t%OTAII F = BLl��M,NIlf 'OUU oF.. t Notary Public MY COMMISSION EXPIRES: MAY 20, 2001 4 Grantee shall have its engineer prepare a letter to Grantor stating the alley with said curb shall confine the 100-year flows as required by the City of Fort Collins, including freeboard and rise due to the curb, without impact to adjacent properties. Such letter shall be for the benefit of Grantor and shall specifically state that Grantor is entitled to rely on such letter. Grantees and their successors and assigns shall have the perpetual right to discharge stormwater emanating from or coming upon Grantors' Property into the Drainage Easement. The benefits and burdens of the Drainage Easement shall run with the Grantees' property and shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors and assigns. IN WITNESS WHEREOF, the Grantors and Grantees have executed this Grant of Easement the day and year first above written. GRANTORS: COLLINS CAMPUS WEST LTD., LLLP, a Limited Liability Limited Partnership By: STATE OF COLORADO, ) ) ss. COUNTY OF LARIMER, ) �e foregoing instr��uujm��e/n't' was acknowledlg_eo before me this 16, day of , 1998, by (�Gt �P��l' %i/C�t , on behalf of Collins Campus West, Ltd., LLLP. my hand and official seal. o mission expires: rr7�A� / O(U orI MY COMMISSION EXPIRES: MAY 20, 2001 otary Public 91 2. Proof of workmen's compensation coverage for the Contractor of the drainage improvements and all employees thereof. 3. Sufficient funds held by Grantees to promptly pay for all costs of the drainage improvements. The Grantees shall jointly and severally hold Grantors and its general and limited partners harmless from all liability of whatsoever nature, including but not limited to any liability to Grantees, their employees and third parties arising out of or attributable to the use of the Drainage Easement now or after the completion of the easement drainage improvement. 4. Grantees, upon the completion of construction, shall deliver to Grantors the City of Fort Collins Stormwater Department's written approval of such construction. Maintenance. Grantees shall be exclusively responsible for the cost of maintaining the drainage improvements in good operating and in good esthetic condition upon their completion and acceptance by the City of Fort Collins Stormwater Department. If Grantees fail to perform such maintenance, Grantors may, but shall not be required to perform such maintenance, and Grantors may collect the cost thereof, together with the cost of collection of same, including but not limited to reasonable attorney fees from Grantees and their successors. As a condition of the granting of this Easement, Grantees shall construct a curb which extends 6 above the pavement adjacent to the northwest portion of Grantor's building on Lot 4 of the Campus West Shopping Center. Said curb shall be separated from the building by a strip of/i" expansion material and the joint between the top of the curb and the side of the building shall be sealed with one part urethane sealant. This curb shall protect grantor's building from floodwaters during a 100-year or less intense run- off. In addition to 90 lineal feet adjacent to Grantor's building, the curb shall extend from the northwest corner of Grantor's building, northwesterly to join an existing curb on the east side of the parking area for the Town Square Condominiums without impeding the flow of vehicular traffic. The curb on theast side of the Town Square parking areas shall be raised to a total of 6" in height a minimum of 25 feet north of its southerly terminus where Grantor's curb joins the Town Square curb. .Details of this construction shall be shown on plans by Shear Engineering for the development of Grantor's property. Grantor shall have these plans prepared to the satisfaction of Grantee as evidenced by Grantee's signature on said plans prior to approval by the City of Fort Collins. 2 CGRANT OF N-0-N-EXCLUSIVE DR INA E EASEMENT THIS• GRANT OF NON-EXCLUSIVE DRAINAGE EASEMENT is made and entered into this day of 1998, by and between COLLINS CAMPUS WEST LTD., LLLP, a Limited Liability Limited Partnership, whose address for purposes of this Agreement is P. O. Box 728, Fort Collins, CO 80522 ("the Grantors"), and JEFFERY M. DONALDSON and JOHN M. DONALDSON, whose address for purposes of this Agreement is 4529 South Stover Street Fort Collins, CO 80525 ("the Grantees"). WITNESSETH: WHEREAS, the Grantees are the owners of the real property situate in the County of Larimer, State of Colorado, legally described on Exhibit "A" attached hereto and incorporated herein by reference ("the Grantees' property"). WHEREAS, the Grantors are the owners of real property situate in Larimer County, a portion of which is described on Exhibit B, and are willing to grant to the Grantees a nonexclusive, above -ground perpetual drainage easement over, across, and upon the property which is described on Exhibit `B" attached hereto and incorporated herein by reference ("the Drainage Easement"). NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby confessed and acknowledged the Grantors have granted, bargained, sold, and conveyed, and by these presents do hereby grant, bargain, sell, convey, and confirm unto the Grantees, their heirs, personal representatives and assigns, forever, the Drainage Easement. Grantors retain the right to use and occupancy of the Easement for any purpose not inconsistent with Grantees' full enjoyment of the rights hereby granted. The Grantees shall have the right, at their sole expense, to construct, install, maintain, repair, and improve drainage facilities and systems under, upon, or over the Drainage Easement to drain surface runoff from the Grantees' property described on Exhibit A. Such construction shall be completed not later than sixty (60) . days after commencement (the Completion Deadline) and Grantees shall pay Grantors the sum of $200.00 per day for each day of delay in completion of the easement drainage improvement beyond the Completion Deadline. Grantees, prior to the commencement of construction of the drainage improvements, shall give not less than fifteen (15) days prior written notice to Grantors and shall deliver to Grantors proof of the following: 1. A public liability insurance policy insuring the Grantors in the amount of One Million Dollars ($1,000,000.00) for the period of the construction of the drainage easement, plus thirty (30) days thereafter.