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HomeMy WebLinkAboutHEARTHFIRE PUD, 2ND FILING - FINAL ..... ROUND OF REVIEW 11 - 31-95E - LEGAL DOCS - PROJECT SUBMITTAL AND RESUBMITTALe TRUE PCINT \ OF SECINNIN 50 tiE o� i410 EXHIBIT B2 - page 4 52 SCALE: t- a 50' --�20- EASTiNO WITINC �rF PETROLEUM EASEMENT \wATE� SURFACE ELEV. 5068.2 rUEr (APRIL 11. 1997) W. 7%a . V'. OF. SECT 10 T 8 N.`R 6a w EXHIBIT B2 - page 3 �G \ SCALE: 1 9 50' JO' \ OueE�w �cP sc N oti �P h WA irR SURFACE ELEV. SC68.2 FEET (APRIL 11, 1997) 1 y,j V 4. W 1/4 COR. OF SECT 30 78N,R68W EXHIBIT B2 - page 2 64 . / SC: LE: 1" 50, 4' '4 J QF' /—'PE•TRCIEUM EASEMENT 9 P 0 N QF CF 9EGINNINC '1• 62 Wp y`e m w 1/4 COR. OF SECT 30 � T 8ti,R53W < Q � 4 w�� % . "",'�IWAT,iA SURFACE ELEV. DCBS.i FEET. (APRIL 11, 1997) Permanent Area of Improvements Commencing at the west 1/4 Comer of Section 30. Township 8 North, Range 68 West, said ptt being the Point of Beginning; licence continuing North 9OWWO East 760.20 feet to the T rme Polat of Beginning; Thence continuing South 36'04'd2" Esst, 4.01 feet; thence continuing South 29'32W East, 5.13 feel; thence contnuing South 47`40'28" West, 143.00 feet; thence continuing Ncaih 42019'32" West, 20.00 fee; thence continuing Na,'h 47°40'28" Fast, 145.78 feet; thence continuing Somh 36"04 42' East, 11.08 feet to the Trim Pent of BegWnin& Commencing at the West 1/4 Comer. of Section 30, Township 8 North, Range 68 West, said point being the Point of Beginning; thence continuing North 70050'21" East, 595.34 feet to the True Point of Beginning; Thence continuing South 39039'17' West, 101.00 feet; thence continuing North 50820'43" East, 20.0 feet; thence continuing North 39'39'17' East, 97.79 feet; thence continuing South 59'28'00" East, 20.26 feet to the True Point of Beginning. Con.Taencing at the West 1/4 Corner of Section 30, Tu•-niahip E Norrth, Range 68 West, said print zing Ohe Point of Begbuting; chance continuing South 61°03`42' East, 1.630.67 feet to the due Point of 3; Thence continuing South 46'05'00" East, 20.42 feet; thence coutinuing South 32" 19'15" West, 11E.00 feet; thence continuing North 57'4045' West, 20.0 feet; thence continuing North 32"19' 15" East, 122.10 feet to the Tine Point of Begiutsag; r EXHIBIT B-1 - page 4 64 / SCALE: 1" = 50' J' 63 S\sy� / / 20' EXISTING WHITING \ f"°-- PETROLEUM EASEMENT .A\ ° TRUE POINT \?( ah� Jv OF BEGINNING 62 Nx F o0 .0 oo> a w Z r J ry �4VATER SURFACE ELEV. 5068.2 FEET' (APRIL 11. 1997) W 1/4 COR. OF SECT 30 //—T 8N, R68 W F I ' EXHIBIT B-1 - page 3 48 C� Al Al \ SCALE: 1" = 50' J� \ \9-, TRUE POINT OF BEGINNIN 90 �V. .9. Nx00. �� i Jg Bpi / Obi Q� S 9• \ h - WATER SURFACE ELEV. 5068.2 FEET (APRIL 11, 1997) w Ow o Z LL� s o p !i \ z W 1/4 COR. OF SECT 30 T8N,R68W EXHIBIT B-1 - page 2 G 52 / SCALE: 1" = 50' TRUE OF SEGNININ \ 529�tio° --<k�20' EXISTING WHITING ODE PETROLEUM EASEMENT 50 \ �•s�3 0. sr W 0 �S \ b �\G o`O$ WATER SURFACE ELEV. 5068.2 FEET (APRIL 11, 1997) W 1/4 COR. OF SECT 30 T8N,R68W EXHIBIT B-1 - Page I Construction Area of Improvements Commencing at the West 1/4 Corner of Section 30, Township 8 North, Range 68 West, said point being the Point of Beginning; Thence continuing North 90000'00" East 760.20 feet to the True Point of Beginning; Thence continuing South 36°04'42" East, 4.01 feet; thence continuing South 29°32'00" East, 5.13 feet; thence continuing South 47°40'28" West, 143.00 feet; thence continuing North 42°19'32" West, 20.00 feet; thence continuing North 47°40'28" East, 145.78 feet; thence continuing South 36004'42" East, 11.08. feet to the True Point of Beginning. Said area contains 2,892 square feet, more or less, together with a 20' wide strip of land adjacent to both Iongitudinal sides of the above described area. Commencing at the West 1/4 Corner of Section 30, Township 8 North, Range 68 West, said point being the Point of Beginning; thence continuing North 70050'21" East, 595.34 feet to the True Point of Beginning; Thence continuing South 39039'17" West, 101.00 feet; thence continuing North 50020'43" East, 20.0 feet; thence continuing North 39°39'17" East, 97.79 feet; thence continuing South 59°28'00" East, 20.26 feet to the True Point of Beginning. Said area contains 1,988 squarz feet, more or less. together with a 20' wide strip of land adjacent to both lon ; tudinai sides of the above described area. Commencing at the West 1/4 Corner of Section 30, Township 8 North, Range 68 West, said point being the Point of Beginning; thence continuing South 61003'42" East, 1,638.67 feet to the True Point of Beginning; Thence continuing South 46°05'00" East, 20.42 feet; thence continuing South 32°19'15" West, 118.00 feet; thence continuing North 57°40'45" West, 20.0 feet; thence continuing North 32019'I5" East, 122.10 feet to the True,Point of Beginning; Said area contains 2,401 square feet, more or less. together with a 20' wide strip of land adjacent to both longitudinal sides of the above described area. F, EXHIIBI'T A All that portion of the northwest quarter and the southwest quarter of Section 30. Township 8 North, Range 68 West, of the 6th P.M.. Larimer County, Colorado, more particularly described as follows: Considering the south line of the southeast quarter of said Section 30 os bearing SOUTH 89' 56' 43' WEST and with all bearings contained heroin relative thereto. Commencing of the southeast comer of said northwest quarter of Seetlon 30;Thence along the east line of sold southwest quarter of Section 30 SOUTH 00' 00' 56' WEST 15.00 feet to the perimeter boundary lino of Country Club North Second Annexation to the City of Fort Collins, Colorado: Thence along said perimeter boundary time SOUTH 89' 59' 57' WEST 15.00 feet to the TRUE POINT OF BEGINNINO; Thence leaving said line SOUTH 40' 14' 47' WEST 365.02 foot to the beginning of a non -tangent curve to the left hoving a control angle of 89' 43' 05' and a radius of 480.00 feet (a radial line from said point boars NORTH 81' 30' 01' WEST): Thence along the arc of sold curve southwosteriy 751.62 feet to the end of said curve; Thence non -tangent and non -radial from said curve SOUTH 21' 00' 00' WEST 258.85 feet to said perimeter boundary fine of Country Club North Second Annexation; Thence along sold line the following four (4) eoursos and distances: 1) NORTH 46' 05' 00 WEST 900.00 foot; 2) NORTH 29' 32' 00' WEST 382_00 feet; 3) NORTH 38' 10' 00' WEST 163.31 feet; 4) NORTH 59' 28' 00- WEST 112.03 feet: Thence leaving said perimeter boundary line NORTH 39' 30' 47' EAST 343.42 feet; Thence NORTH 50' 30' 58' WEST 78.69 feet. Thence NORTH 02' 54' 26' WEST 263.73 feet; Thence NORTH 10' 09' 50' EAST 98.96 feet: Thence NORTH 75' 51' 12' EAST 173.21 feet; Thence NORTH 41' 11' 300 EAST 59.57 feet; Thence NORTH Ol' 21' 53' EAST 61.61 feet; Thence NORTH 40' Ot' 48- EAST 98.59 feet; Thence NORTH 74' IS 22' EAST 71.45 feet; Thence SOUTH 85' 30' 01' EAST 204.66 feet; Thence NORTH 67' 43' 30' EAST 91.72 feet; Thence NORTH 24' 39' 05' EAST 175.33 feat to sold perimeter boundary line of Country Club North Second Annexation; Thence otc-:g said Ilna the following eight (8) courses and c'istancos: 1) SOUTH 71' 35' 50' .::AST 495.59 feet: 2) NOMH 70' 44' 10' EAST 204.00 fe..t: 3) NORTH 13' 18' 1i)' EAST 200.00 feet; 4) SOUTH 28' 29' 50" EAST 300.00 feet. 5) SOUTH 34, 12' 10- WEST 80.00 feet; 6) SOUTH 34' 59' 50' EAST 155.00 fec`, 7) N'ORTH f'9' 51' ,10' EAST 159.49 feet; 8) SOUTH 00' 01' 43" WEST 1017.37 feet to the TRUE POINT OF BEGINNING. Containing 66.02 acres, more or less, 4 I The undersigned Homeowners' Association hereby agrees to become a party to the Agreement to Allow Discharge of Drainage Water into The Water Supply and Storage Company's Reservoir (recorded at Reception No. 97084327 in the records ofthe Clerk and Recorder of Larimer County, Colorado) and agrees to be bound by all of the terms, conditions and provisions that are app}icable to it. This page, when properly eo0�ed and executed, shall also be recorded in Larimer County, Colorado at the expense of the Homeowners' Association. After such recording, it shall be returned to The Water Supply and Storage Company, 23I9 East Mulberry Street, Fort Collins, CO 80524. Dated thi�V day of ---- _ 194 2000 HEARTHFIRE ASSOCIATION, �\�E ASSpC/ a Colorado Zion -Profit Corporation [Fill in IeSA of Homeowners' Association] W •GOO z SEAL :'o By: CO�oP�a Tom DD! Kennedy President OF [ Ardith A. White , Secretary [Print nsarne] STATE OF COLORADO.. ) JEFFERSON ) SS. COUNTY OF KUMM. ) > 2000 The forergoing instrument was acknowledged before me this day of GetoberWA74 by Tom D. Kennedy President and Ardith A. White Secretary of HEARTHFIRE ASSOCIATION, a Colorado Non -Profit Corporation Witness my hand and official [SEAL] � , l NO :0`' MY =:So. L 8 expires: T; RU PARTY APPROVAL: The undersigned hereby consents to and approves of this Agreement and consents and agrees that any lien or other interest in the property held by the undersigned is subject to, and subordinate to, this Agreement and its terms. Cd��CzCL Ll �;v�o SS 1_nK [Fill in legal name of Third Party] (Cd _ S V [Print name and title] ATTEST: fk Secre [Print name] STATE OF COLORADO ) ss. COUNTY OF LAMMER ) The foregoing instrument was acknowledped before me this;?S day of.October, 1997, by �" �, �. and ! � � i a %• �� � t�.� —, Secretary of :7 �_ a �..,. .:�•� �:� d,)_�. Witness my hand and official seal. [SEAL] Notary Public My Commission 7 L ROBE �.Autl` ry Pu'blic +i My commission Expires NOV 8. IW8 ' STATE OF COLORADO ) ss. COUNTY OF LARRYIER ) fi The foregoing instnune was a7t-ovAed ed before me this o�_—day of-er, 1997, by Thomas Moore, President Secretary of The Water Supply and Storage Company, a Colorado corporation. my hand and official seal. Not Public r My Commission expires: STATE OF COLORADO ) ss. COUNTY OF LARAvIF-R ) The foregoing inst men was acknow edged before me this day a' 19.97, by '��} 1%% 1 I m • L� �.0 �. `� and S ecre;ar of iieartlifire> Inc., a Colora&corporation. Witness my hand and official seal. [SEAL) ota Public My Commission expires: M 5 If to CNan?ee: William A Yunker, Vice President Hearthfire, Inc. 11941 West 48th Avenue Wheat Ridge, CO 80033 Said notice to the Company shall not be effective unless a copy of any notice is also similarly mailed to the Company's registered agent as filed with the Colorado Secretary of State's office In the event that the person or entity to whom notice shall be given changes, the other party shall be notified in writing pursuant to this paragraph. IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed by the proper officer and have affixed their seals hereto on the day and year first above written. A ST: 0 ,%ljsK���,, Secretary [Print name] iYnnt name) M THE WATER SUPPLY AMID STORAGE COMPANY, HEARTHFIRE, INC., a C lorado corporation name apd ti e] U a cz 5 �X_ 12. The Grantee agrees that it will cause the Homeowners' Association to assure and assume the duties and obligations of Grantee and will itself be bound to perform the duties and obligations of Grantee under this Agreement, and in the event that the Association, for whatever reason, ceases to exist or function or dissolves or is.bankrupt, the lot owners within the Property shall assume the duties and obligations of the Homeowners' Association. 13. This Agreement, and any grant by Company, is subject to all restrictions, reservations, rights -of -way, easements, documents or agreements existing or of record in the Clerk and Recorder's office of and in Larimer County, Colorado at the time this Agreement is recorded. The Company makes absolutely no warranties (including warranties of title) in or by this Agreement or any grant herein. This paragraph has no effect (and shall not apply) to any warranties given by Grantee in paragraph 1 of this Agreement. - 14. Grantee will cause or ensure that the Homeowners' Association will be formed as soon as possible, but in any event not less than six months after this Agreements is dated.. After the Homeowners' Association has been duly formed (with evidence of such proper formation being provided to the Company in the form of true, fully,executed copies of all documents relating to such formation), the Homeowners' Association shall immediately become a party to this Agreement by executing_it, Attached as a separate page to this Agreement is a signature page for the Association to be used for this purpose. A properly completed and properly executed last page shall be immediately recorded by Grantee, and the Company shall receive the original recorded last page. 15. This Agreement and all the teens and conditions thereof shall extend to and be binding upon the successors and assigns of each of the parties hereto, including, but not limited to, the Homeowners' Assocution to be formed and any owners of the Property. This Agreement shall run ith the land refer red to :erein as the "Property" an 1 described on Exhibit A and also described in the Plans. 16, Grantee shall, at the time of submitting this Agreement to the Company for approval and signature, provide to the Company a check payable to the Larimer County Clerk and Recorder or cash in an amount sufficient for the Company to record this Agreement with the Clerk and Recorder of Larimer County, Colorado. No work shall commence until this Agreement has been recorded. 17. Any notice required or permitted hereunder shall be deemed effective when deposited in the United States mail, postage prepaid, first class and addressed to the party to whom notice is to be given, as follows: If to Companv: Thomas Moore, President The Water Supply and Storage Company 2319 East Mulberry Street Fort Collins, CO 80524 4 J n,Aclean and manage its 8. The Company shall have full power to operate, maintai reservoir and appurtenances as if this Agreement had not been made, and any expense or damages caused thereby to Grantee or the Improvements shall not be chargeable to the Company. In the event, however, that any such action on the part of the Company could reasonably be expected to affect the Improvements, the Company agrees to give prior notice to Grantee and to cooperate with Grantee to avoid injuries or damage to those structures. 9. The Company will be paid a yearly fee for license herein granted, which fee shall be' equal to that amount yearly assessed by the Company on one share of stock outstanding. (The fee for the year 1997 is in the amount of Seventh Hundred Thirty Dollars ($730.00). The yearly fee will be paid on or before April 1 st of each year. Grantee agrees that it will cause a homeowners' association (hereafter the "Association") or the "Homeowners' Association") to be formed to fulfill certain duties, and that the Association shall bear the responsibility of paying the yearly fees due the Company. 10. Grantee shall ensure that all water quality devices which cleanse the drainage water arising on the Property are properly and effectively working at all times, and Grantee shall annually maintain and inspect such devices. Any water contemplated by this Agreement to drain through or from the Improvements into the Company's reservoir shall at all times be suitable for agricultural use, including the watering of livestock, be non -hazardous to humans, be non -malodorous and otherwise suitable for its historic uses; and such waters shall meet the then current Iocal, state and federal water quality standards for point source discharges. Grantee and its successors and assigns shall forever hold the Company, its officers and .its directors harmless from liability for damage to the Company shareholders or third parries resulting fi-om Grantee's failure to meet the water quality standards stated above. Further, Grantee agrees that in the event any shareholder of the Company or third party brings suit against the Company, its Board of Directors and/or Officers on account of the quality of water discharged into the reservoir pursuant to this Agreement, Grantee and its successors aijd assih: s will indemnify the Company and its Directors and Officers for the cost of defense of said suit . and for any claim for damages to such shareholder or other third party. In the event that the water quality standards recited in this paragraph are violated, the Company (at its election) may terminate this license to discharge water and, at Grantee's or the Association's expense, remove or plug the discharge pipe so that no water can be discharged into the Company's reservoir and/or the Company may seek such other remedies as may be appropriate, provided that the Company shall first have given Grantee written notice of such violation and a reasonable period of time to cure the particular violation under all of the circumstances, but in no event less than five (5) days. Similarly, failure of the Association to pay the fees when due or failure to otherwise perform under this Agreement between the parties shall allow the Company to terminate this license and, at Grantee's or the Association's expense, to remove or plug the discharge pipe and/or the Company may seek such other remedies as may be appropriate, provided that the Company shall first have provided written notice of any such failure to Grantee with a reasonable period to cure the default, but in no event less than sixty (60) days. 11. Failure by the Company to enforce the provisions of this Agreement at any time does not, and shall not, operate as a waiver or estoppel. 191 above) to the satisfaction of the Company, which shall not be unreasonably withheld; and upon. completion ofthe original construction of the Improvements, Grantee may not drive over the 20-foot- wide strips of land for any purpose. 2. Grantee states that the Improvements have been designed by professional engineers to withstand the 100-year return frequency flood and in all respects conform to City zoning and building requirements. 3. The Company shall be given five (5) days notice before canstruction, maintenance or repair begins on any portion of the Improvements, and the Company shall be allowed to supervise the construction, maintenance or repair of the Improvements. Grantee shall reimburse the Company for the time spent by any officers or employees of the Company in their supervision of the work. Further, should the Company retain an engineer to assist it in approving plans or supervising the work, Grantee shall reimburse the Company for such reasonable expense. All construction, maintenance and repair of the Improvements shall be done by Grantee to the satisfaction of the Company's superintendent, which will not be unreasonably withheld. In the event that the drainage water causes erosion or other problems in or on the reservoir known as Richards Lake (and including the lands described on Exhibit B2 and the Improvements), at its expense, Grantee shall promptly take such steps to cure such erosion or other problems as are reasonably required by the Company. 4. The Improvements shall be constructed, maintained and repaired by Grantee, at.its expense, upon notice to the Company as recited above; however, in the event any sum is expended by the Company for emergency repair or maintenance of the Improvements, Grantee shall reimburse the Company for such expense. In the event that the Company findsit necessa_ry to make repairs to the Improvements, the Company sha11 be without liability for dam;: ge to Grantee, except as to such damara as may be caused by gross negii_;.nce or wanton end urill: a misconduct or'the Company. Deteri.-ination of whether repair or maintenance is nece ,sary r_r� whether an emergency exists shall be in the sole disc_-etion of the Company. 5. Construction and installation and maintenance of the Improvements shall be entirely without disturbance to the normal operation of the Company's reservoir unless permission in writing is first received from the Company for such disturbance. Grantee expressly agrees that it shall be liable to the Company and its shareholders in damages if it causes any unauthorized disturbance to the normal operation of the Company's reservoir caused by the Improvements or drainage waters. Work shall be completed no later than April 15, 1999 unless the Company agrees otherwise in writing, and any work must be accomplished during the non -irrigation season. 6. Installation of the Improvements shall be entirely without cost to the Company: The Company shall be reimbursed by Grantee for all expenses and fees incurred in connection with this license. 7. Grantee shall indemnify the Company and forever hold it harmless from liability for damage or injury to third persons resulting from this license or any construction or repair in connection therewith. 2 RCPTN ;.4-:9708?327 12/17, 13:18:00 # PAGES - FEE - $86.00 4d I20DFlNBERGER RECORDER,': t1MER COUNTY CO STATE D(, FEE - $ . 00 AGREEMENT TO ALLOW DISCHARGE OF DRAINAGE WATER INTO THE WATER SUPPLY AND STORAGE COMPANY'S RESERVOIR THIS AGREEMENT, made this "-`r day of Oetebcr, 1997, by and between The Water Supply and Storage Company, a Colorado nonprofit corporation (the "Company") and Hearthfire, Inc., a Colorado corporation ("Grantee"). WITNES SETH: WHEREAS, the Company is the owner of a reservoir commonly ]mown as Richard's Lake; and WHBR.EAS, Grantee desires to acquire a license to discharge certain drainage waters from adjoining lands into the Company's reservoir. NOW, THEREFORE, inconsideration of the amount of One Thousand Dollars (SI,000.00), the receipt of which is hereby acknowledged by the Company, and in consideration of the covenants contained herein, the parties mutually agree as follows: 1. Except for those third parties who possess a lien or other interest and who have approved of t;nis Agreement by their or its signature below, Grantee warrants that it is the sole ov •ner of the property kno+7n or described as Hearthfire 11.U.D. to the City cf Fort Collins, County ofL-rimer, State of Colorado and described on Isxhii;it A attached hereto and incorporated herein by reference (which may be referred to as "The Property" or "Hearthfire P.U.D.") and that Grantee -,N remain the sole owner until this Agreement is recopied in Larimer County: and that the Property described on Exhibit A is the same Property which is identified and described in the Plans (identifies below) as Hearthfire P.U.D. The Company grants to Grantee a license to construct and maintain drainage pipes with surface rip rap and grassy swales (the "Improvements") upon the reservoir property owned by the Company. in Larimer County, Colorado at the locations designated on Exhibit B2, attached hereto and incorporated herein by reference, and similarly designated on the map and plans entitled "Utility Plans for Hearthfire P.U.D.", a portion of the South''/z of Section 30, Township 8 North, Range 68 0 West of the 6th P.M., City of Fort Collins, Colorado prepared by Shear Engineering Corporation on r the date approved by the City of Fort Collins' Director of Engineering (the "Plans") and a license to , c allow certain drainage water in the amount and from the sources and to the locations as shown in the N Plans to be discharged into the Company's reservoir, together with the right to ingress and egress Y' over and across only that portion of Exhibit B2 which is outlined with hash lines (containing .055.1 acres, .0456 acres and .0664 acres) and only for the exclusive purpose of repair and maintenance of o the Improvements (and upon notice to the Company as recited in paragraph 3 below), all as shown a on Exhibit B2. Only during and for original construction of the Improvements, Grantee may also 0 drive over a twenty (20) foot wide strip of land adjacent to both longitudinal sides of the areas in hash N marks as shown on Exhibit B-1 attached hereto and incorporated herein by reference. Upon completion of the original construction of the Improvements, Grantee shall repair any ruts or other - damage caused by such construction activities to all twenty (20) foot longitudinal sides (described Easement Exhibit Description — Temporary Construction Easement A portion of Tract K. HEARTHFIRE P.U.D. FIRST FILING, Lorimer County, Colorado, more particularly described as follows: Considering the North line of Track K. HEARTHFIRE P.U.D. FIRST FILING, Lorimer County, Colorado as bearing N 50'29'13" W and with all bearings contained herein relative thereto. BEGINNING at the Northeast corner of Track K. HEARTHFIRE P.U.D. FIRST FILING, Lorimer County, Colorado, sold point also being the Northwest corner of Lot 48. said HEARTHFIRE P.U.D. FIRST FILING; thence run N 50'29'13" W along the North line of said Tract K for a distance of 15.00 feet; thence leaving said North line run S 39'30'47" W parallel with the West line of the aforesaid Lot 48 for o distance of 85.03 feet; thence run S 18'52'22" E parallel with the South line of the aforesaid Lot 48 for a distance of 38,38 feet; thence run N 71'07'38" E for a distance of 15.00 feet to a point on said South line of Lot 48; thence run N 18'52'22" W along said South line for a distance of 30.00 feel to the aforesaid West line of Lot 48; thence leaving said South line run N 39'30'47" E along said West line for a distance of 76.65 feet to the Point of Beginning. Said portion contains 1.725 sq. ft., more or less. SURVEYOR'S STATEMENT `,`tpp118111q!u I, M. Bryon Short, a dui registered Professional 00 FlEG/ rY Y 9 c�Q%....« EG). Land Surveyor in the State of Colorado, do ,�T (3k\ V fiRY hereby sate that this Easement Exhibit truly and y� U ftV�%' qN correctly represents a drawing mode by me under my direction. U , �R1ao P.... o ..# # Dale R e v i s i o n s Field Survey n a Prepared for: Project ; 96101 Hearthfire' Inc. Party Chief na Computed by SMN Frederick Land Surveying, Inc, 1528 North Lincoln Avenue — Suite 2 Loveland, Colorado 80538 (970) 669-2100 — FAX (970) 669-3725 Drown by SMN Scale na 1 1 2-4702 update dw I Easement Exhibit BASIS OF BEARING N 50'29'13" W POINT OF BEGINNING Northeast Corner of Tract K 15.00' Northwest Corner of Lot 48 \ Sect. 30—TBN—R66W West Line of Lot 48 L of 48 N 7100738" E South Line of Lot 48 15.00' / Nots' ACE denoted Aempa rmy constiuctian Easement Page 1 of Date R e v i s i o n s Field Survey Prepared for: Project :961011 n o Party Chief Hearthfire Inc. n o Computed by orawnNb Frederick Land Surveying. Inc. y 1528 North Lincoln Avenue - Suite 2 SMN Loveland. Culorodo 80538 -4-02 update dwScale 970 669-21U0 -FAX 30' ( ) (970) 669-3725 STATE OF COLORADO ) ss. COLTNTY OF ) The foregoing instrument was acknowledged before me this day of 2002, by Tom Kennedy as President and Ardith White as Secretary of Hearthfire Association, Inc., a Colorado nonprofit membership corporation. Notary Public My Commission Expires: Accepted by the City of Fort Collins on the day of 12002. City Clerk -2- _ DRAFT TEMPORARY CONSTRUCTION EASEMENT ICNOW ALL MEN BY THESE PRESENTS: That the undersigned, Hearthfire Association, Inc.. a Colorado nonprofit membership corporation, whose principal business address is c/o Ponderosa Management, 2601 S. Lemay Avenue. Suite 7-408, Fort Collins. Colorado 80525 ("Grantor"), being the owner of certain real property in Latimer County, Colorado, identified as Tract K. Hearthfire P.U.D., First Filing, City of Fort Collins, Colorado ("Grantor's Property"), in consideration of Ten Dollars ($10.00) in hand paid, receipt of which is hereby acknowledged, and other good and valuable consideration, does hereby grant to the City of Fort Collins, Colorado, a municipal corporation (the "City"), a temporary construction easement on, over and across the property more particularly described and depicted on Exhibits "A-1 " and "A-2" attached hereto and incorporated herein by reference, for the purposes of installing and constructing a retaining wall in accordance with the final engineered utility plans approved by the City in connection with the final development plans for the Hearthfire P.U.D., Second Filing, City of Fort Collins, Colorado ("Second Filing"). This temporary construction easement shall only be utilized by the City in the event that Hearthfire, Inc., the developer of the Second Filing, fails to complete construction of the retaining wall and the City undertakes to complete such construction pursuant to the terms of the Development Agreement for the Second Filing between the City and Hearthfire, Inc. This temporary construction easement shall automatically terminate upon installation of the retaining wall and its acceptance by the City but in no event later than two (2) years after recording of the final subdivision plat for the Second Filing. It is understood by the undersigned that, by acceptance of this dedication, the City will not accept the duty of maintenance of such easement. Witness my hand and seal this _ day of 52002. GRANTOR: HEARTHFIRE ASSOCIATION, INC., a Colorado nonprofit membership corporation By: Tom Kennedy, President ATTEST: By: Ardith White, Secretary Easement Exhibit Description: A portion of the Northwest ''A of Section 30, Township 8 North, Range 68 West of the 6th P.M., Lorimer County, Colorado being more particularly described as follows: Considering the East line of Tract E, HEARTHFIRE P.U.D. SECOND SUBDIVISION, Lorimer County. Colorado as bearing S O1'36'50" E with all bearings contained herein relative thereto: BEGIN at the Southeast corner of Tract E, HEARTHFIRE P.U.D. SECOND SUBDIVISION, Lorimer County. Colorado, said point also being a point on the Northerly right of way line of Hearthfire Drive; thence run along said Northerly right of way line for the following courses and distances: thence run S 53'40'56" E for a distance of 69.85 feet to the beginning of a curve concave to the Northeast, having a radius of 619.50 and a chord bearing of S 59'30'56" E; thence run Southeasterly along the arc of said curve through a central angle of 11*39'59" for a distance of 126.14 feet to the end of said curve; thence leaving said curve run S 65'20'55" E for a distance of 266.78 feet; thence run S 69'51'05" E for a distance of 88.13 feet; . thence run S 65'20'55" E for o distance of 35.70 feet to the beginning of a curve concave to the Northwest, having a radius of 10.00 feet and a chord bearing of N 69'39'05" E; thence leaving said Northerly right of way line run Northeasterly along the arc of said curve through o central angle of 90'00'00" for a distance of 15.71 feet to the end of said curve, said point also being a point on the Westerly right of way line of Hearthfire Way; thence leaving said curve run N 24'39'05' E along said Westerly right of way line for a distance of 47.77 feet; thence leaving said Easterly right of way line run N 69'51'05" W for a distance of 136.10 feet; thence run N 65'20'55" W for a distance of 264.66 feet to the beginning of a curve concave to the Northeast, having a radius of 565.50 feet and a chord bearing of N 59'30'56" W; thence run Northwesterly along the arc of said curve through a central angle of 11,39*59" for a distance of 115.15 feet to the end of said curve; thence leaving said curve run N 53'40'56" W for a distance of 43.47 feet; thence run N 01'36'50" W for a distance of 60.78 feet to the South of the Whiting Petroleum Corporation Easement; thence run N 89*59*50" W along said South line for a distance of 54.02 feet to a point on the aforesaid East line of Tract E; thence leaving said South line run S 01'36'50" E along said East line for a distance of 88.68 feet to the Point of Beginning. Containing 35.311 sq.ft. (more or less). —See Page 1 of 2 for Sketch — Date. I R e v i s i o n s SURVEYOR'S STATEMENT I, M. Bryan Short, a duly registered Professional Land Surveyor in the State of Colorado, do hereby state that this Easement Exhibit truly and correctly represents q.;drpvfing made by me under my dire tid "'. hr�=' Page 2 of 2 rvey I Prepared for: Proiect#: 971046.011 Hearthfire Inc. tebbla' Frederick Land Surveying, Inc. m 1528 North Lincoln Avenue — Suite 2 2 Loveland, Colorado 80538 I (970) 669-2100 — FAX (970) 669-3725 ^ I Fa_ `" q az i- co 0 N WaZ mM m uaa E» a Z [aa7 U ,r- Basis of Bearings East line of Tract E I I W111rINC PETROLEUM CORPORAT/ON EASEd/ENT I L10--_---J Easement Exhibit CURVE TABLE CURVE NO. LENGTH RADIUS DELTA CHORD BEARING CHORD C1 126.14' 619.50' 11'39'59" 1 S 59'30'56" E 125.92' C2 15.71' 10.00' 90'00'00" N 69*39'05" E 14.14' C3 115.1S' S65.S0' 11*39'59" N 59'30'56" W 114.95' I I r I I cio L TRACT 2-A, AMENDED B EXEMPTION PLAT, LINE TABLE LINE NO. BEARING LENGTH L1 S53'40'56"E 69.85' L2 S65'20'55"E 266.78' L3 S69'51'05"E 88.13' L4 S65'20'55"E 35.70' L5 N24'39'05"E 47.77' L6 N69'51'05"W 136.10' L7 N65'20'55"W 264.66' L8 N53'40'56"W 43.47' L9 N01'36'50"W 60.78' LID N89'59'50"W 54.02' L11 S01'36'50"E 1 88.68' \ \ Westerly POINT OF R/W line BEGINNING Southeast Corner Tract E 19 ?S F� L7 existing 9' UE existing 9' UE Northerly �� 4 R/W line 43 Notes - GE denoted grodihy easement L4 AME denoted access and utility easement UEi denoted uti/ify easement -See Page 2 of 2 for Description- Page 1 of 2 #1 Date I R e v i s i o n s Field Survey I Prepared for: Project#: 971046.011 1_10_02 Party Chief Hearthfire Inc. 1F,uicu uy JRM Frederick Land Surveying, Inc. X awn by 1528 North Lincoln Avenue — Suite 2 I = JRM Loveland, Colorado 80538 Scale (970) 669-2100 — FAX (970) 669-3725 =100' STATE OF COLOR -ADO ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2002, by Tom Kennedy as President and Ardith White as Secretary of Hearthfire, Inc., a Colorado corporation. My Commission expires: Notary Public Accepted by theCity of, Fort Collms'on "the r day`of City: Clerk DRAFT TEMPORARY GRADING EASEMENT KNONV .ALL MEN BY THESE PRESENTS: That the undersigned, Heartlltire. Inc.. a Colorado corporation, 7730 E. Belleview Ave.. Suite A-100, Greenwood Village, Colorado 80111 ("Grantor"). being the developer of the Hearthfire' P.U.D. Second Filing (the "Second Filing") and also being the owner of Tract 2-A of the Amended Exemption Plat recorded at Reception No. 99056228 in the records of the Larimer County Clerk and Recorder ("Grantor's Property") which is located -adjacent to,the Grantor's Property, in consideration of Ten Dollars ($10.00) in hand paid, receipt of which is hereby acknowledged, and other good and valuable consideration, does hereby grant to HeftrhItfire, ine., " " the City of Fort Collins_�Colorado, a mtii ieipat.corp6ration (the "City"), a temporary grading easement over the Grantor's Property more particularly described and depicted on Exhibit "A-1" and "A-2" attached hereto and incorporated herein by reference, for the purpose of grading for the construction of Hearthfire Drive in accordance with the final engineered plans for the construction of Hearthfire Drive, and any modifications thereto, approved by the City in ,conjunction Withthe development ofthe Second Filing. This temporary construction easement shall only' be utilized by the City m the e"vent that Second Filmg between the City anda,the Grantor Thts_tein rary, construction easement shall automatically terminate upon completion of the grading and i acceptance of the _ __..`_. _`i__ work by the City, but in no event later than two years after the commencement of construction of Hearthfire Drive. It is understood by Heartfif re that, by acceptance of this grant, theACity does not accept the &ty of maintenance o ..such easement: �_..._ _ Witness my hand and seal this _ day of 2002. In ATTEST: Ardith White GRANTOR: HEARTHFIRE, INC., a Colorado corporation Tom Kennedy, President x r 0 q r 0 F' O N W W F. N W r x1 Qj;CR1P71ON: E a s Pe Tm eEn t Exhibit e A ponlon of the Northwest Quarter of Section 30. Township 8 North, Range 68 Northwest Corner of Douglas Road (County Road 54) west of the 6th Principal meridian, City at Fort Collins, Lorimer County, Colorado Section 30. T8N, R68W S 89*59*50' E being more particularly. described as follows: Considering the Wuf line of the Northwest Quarter of Section 30, Township 8 North, Range 68 West of the 6th Principal Meridian, City of Fort Collins, Lorimar Cwnly, Colorado as bearing S 0010711' E and with all bearings contained herein C relative thereto. COMMENCE a1 the Northwest comer of Section 30, Township 8 North, Range 68 N 89e59'50w West of the 6th Principal Meridian, City of Fort Collins, Lorimer County Colorado; 2 yrl 81.00, thence run S 00'07'11' E on the West Una of Tract 2—A, AMENDED EXEMPTION West line of Tract 2—A a�s PLAT, Lorimer County, reception no. 99056228 for a distance of 139.64 feet to 'a . the Southwest line of sold Tract 2—A; tW.. of h n. O thence leaving sold west line run S 55'50'50' E along sold Southwest line for a " South R/W line distance of 50.82 feel to the East line of or. existing 9 foot utility easement; Oal� a Oe DSE thence Isovinp sold Southwest line run N OW07'11" W along sold East line for a m us m0O a �V of Douglas Road (County Rood distance of 37.34 feet to the POINT OF BEGINNING; E sl R/W line m v ti O thence leaving sold East line run N 45'00'00' E for o distance of 114.31 fed to the South rlghl—of—way fine of Douglas Rood, (County Read 54); thence run N 89'59'50" W along sold South right —of —ray Una for a distance of 81.00 feel to Ins aforesaid East line of an existing 9 foot ullnty easement; thence leaving said South right—of—way line run S 00'07'11" E along sold East line for a distance of 80.84 fast to the Point of esglnning. Containing 3,274 sr,. ft. (more or less) SURVEYOR'S STATEMENT 1, M. Bryon Short, a duly registered Professional Land Surveyor in the Stole of Colorado, do hereby stole that this Easement Exhibit truly correctly represents a drawing made by me under my direction. NOTICE: According to Colorado low you must commence any legal action based upon any defect in this survey within three years alter you first discover such defect. In no event• may any action based upon any defect in this survey be commenced more than ten years from the (tole of the certification shown a 1 of North County Rood 13. 1p Op c 33' R/W M b� TRACT 1 A EXEMPT/ON PLAT M "o n POINT OF AMENDED �LAR/MER COUNTY) n o BEGINNING jU Q ieceP(ion no. 99056228 c $ . O S y 0� ss a H/6HG4NO PLACE C4 Southwest line of I ;� �LAR%MER CO.) P / Tract 2-Aft s u O � Q West line of Note: Northwest 1/4 of DSE denotes drainage Section 30 and slope easement I a a Dote R e v i s e o' n s Field Survey n o Prepared for: Project#:961013.02: Hearthfire In('.r= Porly Chief reputed by JRM Frederick Land Surveying. rown by 1528 North Lincoln Avenue — Suit �( JRM Loveland, Colorado 8053E 2 Scale (g70) 669-2100 - FAX (970) 669- 1'=50' a H STATE OF COLORADO 1 ) ss. COUNTY OFSL ) The foregoing instrument «as acknowledged before me this l� day of 2002, by Tom Kennedy as President and Ardith White as Secretary of Hearthfire, In ., a Colorado corporatiqt,r�:•arr.,;,.. / My Commi4iox1jires: 21, ki(btary Public LIENHOLDER: MATRIX CAPITAL BANK, a New Mexico corporation I By: Title: STATE OF COLORADO ) ` ) ss. COUNTY OF S:r-) ) The forego*instrument was 2002 by , 6n F. as of Matrix Capital Ba My Commission expires: 4-06- C-► SKLD NA 10.102.33.123 LR 46471-2002.002 RCPTN 0 2002046471 W26/2002 13:34:00 # PAGES - 3 FEE - $.CO M RODENHERGER RECORDER, LARIMER COUNTY CO STATE DOC FEE - $.00 CONVEYANCE OF SLOPE Air-D DRAINAGE EASEMENT Hearthfire, Inc., a Colorado corporation, 7730 E. Belleview Ave., Suite A-100, Greenwood Village, CO 50111 ("Owner"), in consideration of the One Dollar (S 1.00) in hand paid, the receipt of which is hereby acknowledged, does hereby grant to Latimer County, Colorado, a Body Politic organized and existing under the laws of the State of Colorado ("County"), a permanent slope and drainage easement ("Easement') for the purposes and upon the conditions stated below. WITVESSETH: 1. Description of Easement The Easement granted by these presents is described and depicted on Exhibit A attached hereto and incorporated herein by this reference. 2. Term of Easement. This Easement shall be permanent. 3. PjIMse of Easement. To dedicate, transfer and convey to the County a non- exclusive permanent easement for the maintenance of a slope and the conveyance of drainage, and to provide access for these purposes. 4. Warranty. The Owner warrants that it is the owner in fee simple of the Easement premises and will defend title thereto against all claims adverse to this Easement. 5. Reservation of Rights. The Owner reserves all rights in and to the Easement premises including the right of possession except for those necessary to carry out the purpose of this Easement. DATED this A? day of 0 7 i 12002. OWNER: HEARTHFIRE, INC., a Colorado corporation' i� By. Tonykenaedy, President ATTEST: By: . Ardith White SKLD NA 10.102.33.123 LR 46471-2002.001 Sheri Wamhoff May 24, 2002 Page 3 117) Assignment of Storm Drainage Easement" UPDATE: The original executed Assignment of Storm Drainage Easement across Lot 47 of the Hearthfire P.U.D., First Filing was provided to you on April 24, 2002. We understand that this item is scheduled for City Council acceptance on June 6, 2002. Enclosed is our check for $35.00 to cover recording fees for Assignment and related documents. Please provide us with copies of the recorded documents when they are available. Sincerely, LAL/jpk enclosures cc: Thomas J. Dugan, PineCrest Planning & Design, L.L.C. Tom Kennedy, Hearthfire, Inc. Brian Shear, Shear Engineering Paul Eckman, City Attorney's Office Y Sheri Wamhoff May 24, 2002 Page 2 required by the plans in the event that the developer fails to do so. We have not included an attorney's certificate because of the temporary nature of the easement. A blacklined version of the Temporary Grading Easement is enclosed for your review, and a copy is also being sent to Paul Eckman. Please call us with your comments as soon as possible. 114) Grading easement as well as drainage easement on the Water Supply and Storage Property" UPDATE: Hearthfire, Inc. and The Water Supply and Storage Company continue to negotiate the easement agreement terms regarding water quality. Because we are having to break new ground in relation to water quality standards. for historic and developed stormwater runoff, Hearthfire, Inc. has employed a water quality expert to work with its engineer and a subcommittee of The Water Supply and Storage Company. We are currently scheduled to present our expert's recommendations and proposed language for the easement agreement to The Water Supply and Storage Company board on June 12, 2002. We would hope to have these issues resolved and the drainage easement executed within a reasonable time frame thereafter. 115) Construction easement for construction of the retaining wall on Lot 48." UPDATE: The copy of the executed Temporary Construction Easement from Hearthfire. Association, Inc. to the developer, Hearthfire, Inc., was provided to you on April 24, 2002. Since this easement is located within the Hearthfire P.U.D., First Filing, we will have it recorded now and provide you with the recording information as soon as we have it. At your request we have prepared a second Temporary Construction Easement that includes language that would allow the City to utilize the easement area to complete construction of the retaining wall on Tract K of the First Filing as required by the plans in the event that the developer fails to do so. We have not included an attorney's certificate because of the temporary nature of the easement. A draft of the Temporary Construction Easement is enclosed for your review and a copy is also being sent to Paul Eckman. Please call us with your comments as soon as possible. "6) Maintenance Easement for retaining wall on Lot 48"-• - I - - --• - •-•- --- 1 UPDATE: A copy of the Access and Maintenance Easement was provided to you on April 24, 2002. Since this easement is located within the Hearthfire P.U.D., First Filing, we will have it recorded now and provide you with the recording information as soon as we have it. MARCH. LILEY & OLIVE P.C. LUCIA A. LILEY ATTORNEYS AND COUNSELORS AT LAW ARTHUR E. MARCH J. BRADFORD MARCH 110 E. OAK STREET. SUITE 200 1908-1981 STEWART W. OLIVE FORT COLLINS. COLORA00 80524-2880 ARTHUR E. MARCH. JR. (970) 482-4322 Retired 2001 Fax (970) 482-5719 - May 24, 2002 Sheri Wamhoff Engineering Department HAND DELIVERED City of Fort Collins 281 N. College Ave. Fort Collins, CO 80521 Re: Hearthfire P.U.D., 2nd Filing, #31-95E Dear Sheri: In conjunction with today's resubmittal, I would like to review the status of all of the easement issues: - 111) row for CR 13 - to be dedicated to the county" The Deed of Dedication was recorded with the Larimer County Clerk and Recorder on December 28, 2001 at Reception #2001120274. A copy of the recorded Deed of Dedication was provided to you on February 6, 2002. 112) Utility easement adjacent to CR 13 - to be dedicated to the county." The Conveyance of Utility Easement was recorded with the Larimer County Clerk and Recorder on February 4, 2002 at Reception No. 2002012640. A copy of the recorded easement was provided to you on April 24, 2002. • 112A) Per sheet 15 of the utility plan set a proposed slope and drainage easement is shown." The Conveyance of Slope and Drainage Easement was recorded with the Larimer County - Clerk and Recorder on April 26, 2002 at Reception No. 2002046471. A copy of the recorded easement is enclosed. 113) Grading easement east of tract E and north of Hearthfire Drive" UPDATE: At your request, we have revised the Temporary Grading Easement to include language that would allow the City to utilize the easement area to complete the grading