HomeMy WebLinkAboutESKIN PUD - FINAL - 48-95A - CORRESPONDENCE - LUC REQUIREMENTSI tARVARD STREET
N
u
0
T7
Exhibit "B"
"The Tiley Property"
LOT 3, THUNDERBIRD ESTATES, SIXTH
SUBDIVISION, IN THE CITY OF FORT COLLINS,
COUNTY OF LARIMER AND STATE OF COLORADO,
ACCORDING TO THE RECORDED PLAT THEREOF,
KNOWN AND NUMBERED AS 117 EAST DRAKE ROAD,
FORT COLLINS, COLORADO.
Exhibit "A"
"The Eskin Property"
LOT ONE (1) BLOCK ONE (1), THUNDERBIRD
ESTATES FIRST SUBDIVISION, AND THE NORTH
FIVE (5) FEET OF LOT TWO (2), BLOCK ONE (1),
THUNDERBIRD ESTATES FIRST SUBDIVISION;
EXCEPT THE WEST 25 FEET OF THE NORTH 66
FEET OF SAID LOT ONE (1)
e A 771/
MAE A. TILEY
By K. Bill Tiley, her Attorney in Fact
K. BILL TILEY
STATE OF COLORADO )
) SS.
COUNTY OF LARIMER )
Thoregoing instrument was subscribed, sworn to, and acknowledged before
me this day of April, 1997, by MAE A. TILEY and K. BILL TILEY.
Witness my hand
• a l'� `f' (�-I 1.
p11130 Notary Public
''•••......•••gaff rY n
OF CAoo" My Commission Expires: b aq-
11. Binding Effect. The Access Easement granted herein and the other
provisions hereof shall be covenants running 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.
12. Contingency. This Agreement and all partie's obligations hereunder are
expressly contigent upon the City of Fort Collins, approval of the PUD Plan.
IN WITNESS WHEREOF, the parties hereto have executed this
of the day and year first above written. �--�
AVRAM A.
ELINDA J. ESKIN
STATE OF COLORADO )
) SS.
COUNTY OF LARIMER )
T e. foregoing instrument was subscribed, sworn to, and acknowledged before
me this r day of April,,,,,1,1Q7,„ by AVRAM A. ESKIN and BELINDA J. ESKIN.
Witness my taiic3 offiCl.
NOTAgy 1
c
ocn:• p ftjr, a
may•.,,•.. ..'oo Notary Public n
�O ' '• OR`Po�°� M Commission Ex Tres: cr"
ate,__ F Co1....�.o . Y P
by either party pursuant to this paragraph may be covered by a "blanket" policy
covering other business locations so long as each party is named as an additional
insured under such policy or polices as their interest may appear.
8. Representations and Warranties. Each party expressly represents and
warrants to the other that it has full power and lawful authority to execute this
Agreement and perform the obligations and responsibilities herein set forth, and that
this Agreement constitutes the valid, legal, binding, and enforceable obligations of such
party.
9. Remedies Upon Default. In the event of default, the nondefaulting party shall
have the right to an action for specific performance or damages, or both. In the event
the parties, by mutual agreement or as a result of a bona fide emergency, authorize
work to be performed on the Access Easement and in the event any party fails to pay
their proportionate share of the common expenses and shall be entitled to
reimbursement from the defaulting party for the defaulting party's share of the common
expenses, then the nondefaulting party may pay the defaulting party's share of the
common expenses, together with interest at the rate of eighteen percent (18%) per
annum. In addition, the nondefaulting party shall have a lien upon the defaulting
party's property for the defaulting party's share of the common expenses, together with
interest thereon. To evidence such lien, the nondefaulting party shall prepare a written
notice setting forth the amount of the unpaid portion of the common expenses, the
name of the defaulting party, and a legal description of the defaulting party's property.
Such notice shall be signed by the nondefaulting party and shall'be recorded in the
office of the Clerk and Recorder of Larimer County, Colorado, after having been mailed
not less than ten (10) days prior to such recording to the defaulting party. Such lien
shall be superior and prior to all other liens and encumbrances, except liens for general
taxes, special assessments, or any mortgage or deed of trust recorded prior to the date
that such lien is recorded in the office of the Clerk and Recorder of Larimer County.
Any lien recorded in accordance with this paragraph may be enforced by foreclosure of
the defaulting party's property in the same manner as the foreclosure of a mortgage
deed under the laws of the State of Colorado. The nondefaulting party shall have the
right and power to bid on the defaulting party's property at such foreclosure sale. The
amount of the common expenses due from the defaulting party shall also be personal
and individual debt of the defaulting party at the time payment comes due, and suit to
recover a money judgement for such unpaid portion of the common expenses maybe
maintained in addition to any other remedy hereunder, with or without foreclosure or
waiver of the lien rights herein set forth.
10. Attorney's Fees. In the event of any arbitration proceeding, foreclosure
action, or litigation arising out of this Agreement, the prevailing party shall be awarded
its costs and reasonable attorney's fees.
agents, servants, and employees thereof, from and against any and all claims, actions,
liability, and expense, including reasonable attorneys fees, incurred in connection with
the loss of life, bodily injury, and/or damage to property arising out of or as a result of
the use of the Parking Spaces by the Tileys, their agents, employees, servants,
tenants, sub -tenants, licensees, concessionaires, guests, or business invitees, unless
the same is caused by the willful or negligent act or omission of the indemnified parties.
If any action or proceeding is brought against the indemnified parties for which the
indemnified parties would be entitled to indemnification under this paragraph, the
indemnified parties shall give written notice to Eskins and, upon receipt such notice,
Eskins shall defend such action or proceeding by adequate counsel at their expense.
(b) Indemnification of Eskin's. The Tileys, for themselves, their heirs,
personal representatives, successors and assigns, shall indemnify and save harmless
the Eskin's, their heirs, personal representatives, successors and assigns, including the
agents, servants, and employees thereof, from and against any and all claims, actions,
liability, and expense, including reasonable attorneys fees, incurred in connection with
the loss of life, bodily injury, and/or damage to property arising out of or as a result of
the use of the Access Easement by Eskins, their agents, employees, servants,, tenants,
sub -tenants, licensees, concessionaires, guests, or business invitees, unless the same
is caused by the willful or negligent act or omission of the indemnified parties. If any
action or proceeding is brought against the indemnified parties for which the
indemnified parties would be entitled to indemnification under this paragraph, the
indemnified parties shall give written notice to the Tileys and upon receipt of such
notice, the Tileys shall defend such action or proceeding by adequate counsel at his
expense.
7. Liability Insurance. Each party shall keep in force, with an insurance
company authorized to do business in the State of Colorado, a policy of commercial
general liability in including property damage, which shall insure both parties
from and against all claims, demands, actions, or liability for injury to or death of any
persons and damage to property with limits of coverage not less than one million
dollars ($1,000,000.00) (combined single -limit bodily injury and property damage).
Each party's policy of general liability insurance shall name the other party as an
additional named insured. The deductible under such policy shall be in such amount
as reasonably acceptable to both parties. Such policy of insurance shall insure,
without limitation, the performance by each party of the indemnities set forth herein.
Each party shall deliver to the other party a certificate or other evidence of such
insurance, which shall provide, among other things, that the insurer will give thirty (30)
days written notice prior to any lapse, cancellation, reduction, modification, or material
change in the policy. Each policy shall provide, among other things, that the insured
and any additional named insurers, as set forth in this paragraph, although named as
insureds, will nonetheless will be entitled to recover under said police for any loss
occasioned to them, their servants, agents, and employees, by reason of the
negligence of the other party or such party's servants, agents, or employees. Each
policy shall be a primary insurance contract. The insurance required to be maintained
Parking Spaces or repair or replacement of damage to adjacent improvements.
After the Parking Spaces are completed, references in this Agreement to the
term "Common Expenses" shall mean and refer to all costs and expenses incurred in
the maintenance, repair, renovation, construction, or improvement of the Access
Easement and the Parking Spaces which have been approved by mutual agreement of
both parties, including by way of example, and not limitation, the cost of all materials,
supplies, and equipment incorporated in the Access Easement and the Parking
Spaces; payment to contractors or sub -contractors for any work performed on the
Access Easement and the Parking Spaces; rental charges for all necessary machinery
and equipment used in connection with maintenance, repair, construction, or
improvement of the Access Easement and the Parking,Spaces; the costs of removal of
snow, debris and trash from the Access Easement and Parking Spaces, costs incurred
due to an emergency effecting the safety of persons and property in the Access
Easement and Parking Spaces; and all other costs incurred in the maintenance, repair,
construction, or improvement of the Access Easement and Parking Spaces if and to the
extent approved in advance by both parties. Each party shall be responsible for paying
their proportionate share of all Common Expenses on a proportionate square footage
basis. The term "proportionate square footage basis" as used herein, is intended to
mean, and shall be deemed to mean, in the proportion which the square footage of the
six (6) parking spaces bears to the square footage of the asphalted and concreted
portion of the Tiley Property. Either party shall have the right, but not the obligation, to
make such repairs and maintenance upon their respective property as either deems
appropiate without the consent of the other party, provided that any such repairs or
maintenance authorized without the consent of the other party shall not interfere with .
the non -consenting party's use if the Access Easement or the Parking Spaces, except.
for such temporary time as may be necessary during the course of construction, and
provided that the party authorizing such repairs or maintenance without the consent of
the other party shall be solely responsible for the payment of all costs and expenses in
connection with such unauthorized maintenance and repairs and shall indemnify and
hold harmless the non -consenting party from and against any loss, cost, and expense,
including reasonable attorneys fees arising out of any claim which may be made
against the non -consenting party for work performed or materials delivered. The party
authorizing any such maintenance or repairs without the consent of the other party
shall indemnify the non -consenting party against all claims, liens, or claims of lien
arising directly or indirectly out of or by reason of any work or activity performed and
shall, within ten (10) days after the filing of any such statement of lien, fully pay and
satisfy the same or post a bond or other appropiate security to obtain the release of the
non -consenting party's property from such lien.
6. Indemnification.
(a) Indemnification of Tileys. The Eskins, for themselves, their heirs,
personal representatives, successors and assigns, shall indemnify and save harmless
the Tileys, their heirs, personal representatives, successors and assigns, including the
3. Maintenance of Access Easement. The Access Easement upon the Tiley
Property shall be maintained in such a manner as is reasonably necessary and
appropriate for the continued use of the Access Easement for the purpose of providing
vehicular and pedestrian access over, upon, and across the Tiley Property to and from
West Drake Road and to and from the Parking Spaces to be located upon the Eskin
Property. Such maintenance shall include, by example and not limitation, the following:
repairs, replacements, resurfacing, painting, re -striping, cleaning, sweeping, and snow
removal services; maintenance, repair, and replacement of curbs, gutters, sidewalks,
signs, asphalt, and concrete; and all other general maintenance, rebuilding,
modification, improvement, repair, and replacement of the Access Easement and
provision of personnel to implement such services. Any maintenance, repair,
restoration, and improvement of the Access Easement shall be performed by Tileys at
their sole and exclusive cost and expense.
.11 4. Construction of the Parking Spaces. The most Northerly sarking spaces to
be constructed on the Eskin Property, as depicted upon the PUD Plan, shall be
constructed as soon as feasible following the PUD approval. The Eskins hereby
authorize the Tileys, and the Tileys agree, to coordinate construction of these two (2)
parking spaces in conjunction with repairs and replacements which the Tileys currently
plan to make to the Access Easement area upon the Tiley Property. Eskins agree to
pay to the Tileys, upon request, their proportionate share of the cost of all base,'
asphalt, and striping costs with respect to the construction of the two (2) parking
spaces. All such base and asphalt cost shall be allocated between Tileys and Eskins
on a proportionate square footage basis. Eskins hereby authorize the Tileys to
proceed with the construction of four (4) additional parking spaces, south of, adjacent
to, and contiguous with the above referenced two (2) parking spaces, at such time as
the construction may be authorized or approved by the City of Fort Collins. The costs
of all base, asphalt, and stripping with respect to these four (4) additional parking
spaces shall be paid by Eskins to the Tileys upon demand. In the event the Tileys are
able to coordinate construction of all six (6) parking spaces at one time in conjunction
with the repairs and replacements to the Access Easement upon the Tiley Property,
then the cost of such base and asphalt shall be allocated between the Eskins and the
Tileys on a proportionate square footage basis. In the event any dispute should arise
with the respect to the appropriate costs of the above referenced base, asphalt, and
stripping, the parties agree to submit the matter to mediation, and if not resolved by
mediation, to binding arbitration in accordance Uniformed Arbitration Act of 1975,
C.R.S. 13-22-201, et seq.
5. Additional and Common Expenses. Eskins agree to pay the costs.of
constructing concrete bumper stops for the Parking Spaces. Eskins also agree to pay
the costs of the removal of the fence located upon the Eskin Property where the
Parking Spaces and to be located. All Additional Expenses with respect to the design
and construction of the Parking Spaces shall be born by the Tileys, including, but not
by way limitation, legal fees, engineering fees, architectural fees, excavation expenses,
and other and additional costs associated with the design and construction of the
NOW, THEREFORE, in consideration of the premises, and other good and
valuable consideration, the receipt and adequacy of which is hereby confessed and
acknowledged, the parties agree as follows:
1. Grant of Easement.
(a) Tileys to Eskin. Tileys, for themselves and their heirs, personal
representatives, successors and assigns, do hereby grant, bargain, sell, convey, and
confirm unto Eskins, their heirs, personal representatives, successors and assigns,
forever, a non-exclusive, perpetual easement over, upon, and across Tiley Property for
the purpose of providing vehicular and pedestrian access to and from West Drake .
Road adjacent to and North of the Tiley Property over, upon, and across the Tiley
Property to the Easterly boundary thereof, for the benefit of the Eskins and their heirs,
successors, assigns, employees, tenants, sub -tenants, licensees, guests, business
invitees, and any other person or entity having a record interest in the Eskin Property or
having the right to use or possession of the Eskin Property or the right to enter upon
the Eskin Property. Tileys warrant title to the easement herein granted, subject to
easements and encumbrances of record; easements and rights -of -way in place or of
record; restrictions, reservations, and exceptions of record; protective covenants of
record; and real property taxes for the year 1997 and subsequent years.
(b) Eskins to Tileys. Eskins, for themselves and their heirs, personal
representatives, successors and assigns, hereby grant, bargain, sell, convey, and
confirm onto Tileys, their heirs, personal representatives, successors and assigns,
forever, a non-exclusive, perpetual easement for vehicular parking upon the six (6)
parking spaces be constructed upon the Eskin Property immediately adjacent to and
contiguous with the Easterly boundary of the Tiley Property for the benefit of the Tileys,
their heirs, personal representatives, successors, assigns, employees, tenants, sub-
tenants, licensees, guests, business invitees, and any other person or entity having a
record interest in the Tiley Property or having the right to use or possession of the Tiley
Property, or the right to enter thereon. Eskins warrant title to the easement herein
granted, subject to liens and encumbrances of record; easements and rights -of -way in
place of or record; restrictions, reservations, and exceptions of record; protective
convents of record; and real property taxes for the year 1997 and subsequent years.
2. Regulation of the Access Easement. Tileys shall not restrict in any manner
the Access Easement including, by example and not limitation, regulation of the
direction and flow traffic without the mutual agreement of the parties hereto.
AGREEMENT
1.
THIS AGREEMENT is made and entered into this ol day of April, 1997, by
and between AVRAM A. ESKIN and BELINDA J. ESKIN, whose address is, for the
purposes of this Agreement, 123 East Drake Road, Fort Collins, Colorado 80525
("Eskins"), and MAE A. TILEY and K. BILL TILEY, whose address is, for the purpose of
this Agreement, 117 East Drake Road, Fort Collins, Colorado 80525 ("Tileys").
WITNESSETH:
WHEREAS, Eskin's are the owners of the real property described on Exhibit "A"
attached hereto and incorporated herein, ("the Eskin Property"); and
WHEREAS, Tileys are the owners of the real property described on Exhibit "B"
attached hereto and incorporated herein, ("the Tiley Property"); and
WHEREAS, a map of the Eskin Property and the Tiley Property is attached
hereto as Exhibit "C" and incorporated herein by this reference ("the Map"); and
WHEREAS, the Eskins have applied to the City of Fort Collins to obtain Planned
Unit Development Approval with respect to the Eskin Property ("the PUD Plan"); and
WHEREAS, the PUD plan as submitted provides for two (2) parking spaces
located upon the Eskin Property adjacent to the East boundary line of the Tiley
Property; and
WHEREAS, the City of Fort Collins is requiring, as a condition to approval of the
PUD Plan, that Eskins obtain an easement for ingress and egress over, upon, and
across the Tiley Property to the parking spaces to be located on the Eskin Property;
and
WHEREAS, the Tileys are willing to grant an easement for vehicular and
pedestrian ingress and egress over, upon, and across the Tiley Property to and from
the parking spaces to be located upon the Eskin Property, as well as to and from four
(4) additional parking spaces to be located immediately adjacent to and South of the
parking spaces depicted on the PUD Plan, which additional parking spaces the Tileys
have requested in consideration for the grant of the easement herein described; and
WHEREAS, the Eskins are willing to provide a total of six (6) parking spaces
upon the Eskin Property adjacent to and contiguous with the Easterly boundary of the
Tiley Property, in accordance with this Agreement, in return for an easement for
vehicular and pedestrian ingress and egress over, upon, and across the Tiley Property
to and for the benefit of the Eskin Property, all is more particular described below.
L.
• I µ�.
ROLL-OVER U" .
NO UAD GUT WNW 2 w'
r P.
ok
UUTI��,IITT - n
�fgOXE�•_� r' TRAtJ�C � I • �•' J
EXISTI G VEG s (� 11
EXISTING FENCE: '� RC
Qo<1a1\� DR. CSKIN T �y
CHIROPRACTIC.
OFFICE ;
I _ �JQ
9,
2� 19' SECONDOVEKHA5TORT `
��' 1 )7• CXI TING
i AN SGAPE 3590 ,S.F. I 4 PARKNGAGCS
7'S)TIATtM n1 ° 2 STORY2 EMPLOYEE PARKNG PAGE XISTING BLDG (LIMIT OF. CXISTMG , PARKING LOT I•
I 1°
IN 0 lot EXI TING ?�1R
CEXISTING�
( — TURF CSKIN RESIDENCE
ABOVE
M I
=_ Land Scot.
-----� V
- rcncc i
r
Plant 1:
Botanical Name: Potentilla Fruticosa, "Gold Drop"
Common Name: Potentilla
Number of Plants: (3) 5 gal. nursery stock
Size and Habit: 2 feet high, 3 feet wide. Deep yellow flowers.
Water: moderate water (1/2 -2) gal. per week
Sunlight: Full sun to part shade
Note: Potentilla are native to the Rocky Mountain climate and
northern latitudes. They bloom from June to October. They are also
very hardy and drought resistant.
Plant 2:
Botanical Name: Juniperus Horizontalis "wiltonii"
Common Name: Blue Carpet Juniper
Number of Plants: (3) 1 gal. nursery stock
Size and Habit: 4 in. tall by 8-10 feet wide. Intense silver blue
dense, short branches on long trailing branches. .
Watering: Low water (1 1/2) gal. per week
Sunlight: full to shade
Note: Evergreen shrubs are suitable for all climate zones. The
ground cover group are hardy plants that provide quick coverage of
an area. They are very low maintenance.
Ground Treatment:
Ground treatment of the newly proposed landscaped areas will
be as follows:
• Weed fabric covering will be used to shield the flat graded
ground. Adequate openings for growth will be left around new
plantings. Large chunk bark will be used to cover the fabric.
This combination of weed fabric and bark will provide low
maintenance and provide excellent water retention in the soil.
The plants will also benefit from the nutrients of the
decomposing bark.
• id'e"'of—tir�yafc�-te.
nrg=sods The new shrub bed, located in the
east parking lot, will be formed by' railroad ties. The
railroad ties will be attached in such manner as to provide
the height needed_to allow for planting and give delineation
to the parking lot's entrance.
Sprinkler System:
The existing sprinkler system is adequate to meet the needs of
the new landscaping, with only minor modifications and adjustments.
Any new or additional irrigation systems is unnecessary at this
time.
OBJECTIVE:
The objective of the proposed landscaping is to meet or exceed the
city's requirements.
The proposed landscaping plan is designed to provide a barrier
between the parking lot and the street and will be implemented if
the city requires it for the PUD approval.
0
Contents:
Landscape. Objective
Ground Treatment
Sprinkler System
Plant Identification
P1 Landscape Plan
ESKIN PUD
PI - Proposed Landscape Plan
To be implemented only if essential to the PUD approval.
4/5/97
City of Fort Coffins
Re: Eskin PUD
To our knowledge the Drake Rd. expansion did not change the location of the property One.
The sign Is not located within the right of way and It was placed In this location by the City after
the Drake expansion dictated a change In the location.
We are adding an impervious surface area of less than 350 square feet on the west side for this
PUD. The drainage pattern will be to the north onto Drake.
We would still Ike to ask the Planning and Zoning Board at the hearing to give us a variance on
the five foot plant area bordering the eastern most parking space off of Harvard. Again we believe
it is In the neighborhoods best Interest and benfical to the immediate neighbors to have as much
off street parking on the Harvard side as possible. By adding this plant area it would eliminate a
parking space and create an 'obstacle' in this small parking area. The landscape proposal
labeled Pf details the landscaping that will be added to this area if the P & Z Board needs this
plant area installed to grant the PUD. You should have 25 copies of this proposed landscaping
and a plan in your tile.
The landscape along Drake is to be re4nstaled by the City, since it was destroyed during the
Drake expansion. Please contact Rusty McDaniel at the City for this information.
Attached is the shared access agreement with Nt. Tiley so we will be using the Option t (west
side parking) for the additional parking.
Harvard is truly off set from the North side to the South side.
These responses phis the revised plan should answer all of the staff questions.
Thank you,
Belinda & Avram Eskin