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Home My WebLink AboutAAMCO TRANSMISSION PUD, LOT 10, CREGER PLAZA 2ND REPLAT - PRELIMINARY / FINAL - 32-94 - SUBMITTAL DOCUMENTS - ROUND 1 - ACCESS, UTILITY, DRAINAGE EASEMENTti .A• STATE OF COLORADO )BB. COUNTY OF LARIMER ) ° 3.� The foregoing instrument was acknowledged before, me this day of March, 1994, by John W. Cramer. Witness my hand and official seal. My commission expires:l0-11-`iy Notary Publi 6 •J STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) The foregoing instrument was acknowledged .340 day of March, 1994, by Donald H. and Mary S. busi ess as AAMCO Transmission. Witness my hand and official seal. My commission expires: 9-3 Notaiy Public STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) before me this Scott, doing The foregoing instrument was acknowledged before me this day of March, 1994, by Kim Yee, doing business as Karate West. Witness my hand and official s�.' My commission expires:�„�, Notary STATE OF COLORADO ) )as. COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this 3r4 day of March, 1994, by Gary Dyekman. Witness my hand and official seal. My commission expires: 5 Notary Public N March 1994 Date _March 1994 Date ,', March 2-. 1994 Date March.3 , 1994 Date March 1994 Date STATE OF COLORADO )ss. COUNTY OF LARIMER Donald H. Scott, doing business as'AAMCO Transmission S- u Mary S. Scott, doing business as AAMCO Transmission Kim Yee, oing business as he foregoing instrument was acknowledged before me this Jleday of March, 1994, by Dale K. Eggleston. Witness my hand and official seal My commission expires Notes Public tv STATE OF COLORADO ) )88. COUNTY OF LARIMER ) �A The foregoing instrument w s •k wledg of e. t his day of March, 1994, by i�-r. c , Authorized Signer for First Interstate Bak of Fort Collins, Trustee for Dale K. Eggleston, IRA. I Witness my hand and official seal. My commission expires: lC• I'1-ciy s i r E. Easement Document Cost. Each lot owner or contract purchaser shall pay a pro-rata share (that is, one-fourth each) of attorneys' fees and engineering costs associated with the preparation and recording of this Agreement. The costs of the legal and engineering work shall be documented and presented by Dale K. Eggleston to all of the Parties and each party shall pay their pro-rata share of such costs within twenty-one (21) days after receipt. The parties shall not be obligated to pay over $800 total cost or $200 each for said document preparation costs. Any sums not paid when due shall bear interest at the rate of 18% per annum until paid in full and the defaulting party shall be liable for Court costs and reasonable attorneys' fees for any collection. 3. Binding Effect. This Agreement shall inure to the benefit of, and shall bind, the Parties hereto and their respective heirs, grantees, legal representatives, successors, and assigns. The benefits and burdens of this Agreement shall run with the lots described herein and shall be binding upon all future owners and occupiers of said lots. 4. Time o!`; the Essence. Time shall be of the essence of this Agreement. 5. Attorneys' Fees Upon Default. In any litigation brought to enforce this Agreement, the prevailing party shall be entitled to judgment against the non -prevailing party for all reasonable expenses of such litigation, including, but not limited to, court costs; deposition and other discovery expenses; expert witness fees; witness fees; reasonable attorneys' fees; and such other expenses related to the litigation as the court may award. 6. Colorado Law. This Agreement shall be interpreted and enforced in accordance with the laws of the State of Colorado. IN WITNESS WHEREOF, the Parties hereto have signed this Fire and Emergency Vehicle Access Easement Agreement on the dates in March, 1994, shown by their respective signatures. March` , 1994 Date March 1994 Date 3 e K. Egg eston FIRST INTERSTATE BANK OF FORT COLLINS, Trustee for Dale K. Egglest�onn�, IRA BY: i`Go Authorized Sigffer B. Purposes. The purpose of the Easement shall be to allow access to the lots by firetrucks and other emergency vehicles only. It is not intended as a cross -access way between the lots for vehicular or pedestrian use. The Easement shall at all times be kept free and clear of obstructions of any nature whatever. No vehicles (except firetrucks and emergency vehicles) shall ever be parked on the Easement, and no structure, landscaping, improvement, or any other hindrance or obstruction shall be allowed at any time. It is permissible for each party to erect fencing on their respective properties so long as the Poudre Fire Authority can obtain access to the Easement through locked gates. C. Installation. Each party shall be responsible for installing and paying the cost of surface constructed on their respective lot. The standards for the surface and roadbed shall be those imposed by the City of Fort Collins Planning and Zoning Department relative to final approval of the intended use of each lot. If the City requires the actual surfacing to be completed by a certain time as a condition of final approval of an intended use for a particular lot, all of the Parties shall cooperate to the extent necessary to comply with City requirements. In the event one or more parties default and fail to meet the City requirements in a timely manner, the nondefaulting parties shall be entitled to enter upon the defaulting party's lot and cause the necessary Easement improvements to be made on the defaulting party's lot. The costs of completing such improvements shall be documented and presented to the defaulting party after the completion of the improvements. Such costs shall be due and payable in full within ten (10) days after receipt. Any sums not paid when due shall bear interest at the rate of 18% per annum until paid in full and the defaulting party shall be liable for Court costs and reasonable attorneys' fees for any collection. D. Repair and Maintenance. Each party shall maintain that portion of the Easement that lies on such party's lot. If any portion of the Easement is allowed to deteriorate to unacceptable condition as determined by standards set forth by the City of Fort Collins Planning, Zoning, and Building Inspection code standards, the other Parties hereto shall have the right to give notice to the owner or owners on whose lot the unacceptable portion of the Easement lies, which notice shall allow 60 days for repair thereof. If such repairs are not completed within such 60 day period, the other owners shall have the right, but no obligation, to make such repairs themselves, in which event the defaulting owner or owners shall be liable for such costs, together with interest at the rate of 18% per annum and all costs of collection, including reasonable attorneys' fees. OIA A FIRE AND EMERGENCY VEHICLE ACCESS EASEMENT AGREEMENT THIS AGREEMENT, signed by the parties hereto on the dates in March, 1994, shown by their respective signatures, is made by Dale K. Eggleston; First Interstate Bank of Fort Collins, Trustee for Dale K. Eggleston, IRA; Donald H. and Mary S. Scott, doing business as AAMCO Transmission; Kim Yee, doing business as Karate West; Gary Dyekman; and r, all of which are collectively referred to herein as "the Parties"; WITNESSETH that the Parties agree as follows: 1. Recitals of Fact. The Parties own or have an equitable interest in Lots 81 91 10, and 11, Creger Plaza Second Replat, City of Fort Collins, County of Larimer, State of Colorado. The lots front on South Mason Street in Fort Collins. Dale K. Eggleston owns Lot 8 and John W. Cramer is the contract purchaser. First Interstate Bank owns Lot 9 and Gary Dyekman is the contract purchaser. The Parties mutually desire to make the arrangements set forth herein for a fire and emergency vehicle access easement ("the Easement"). 2. Grant of Easement. In consideration of their mutual promises and of the benefits to be gained by each party hereto, the receipt and adequacy of which consideration are hereby acknowledged, the Parties herby grant and convey to one another the Easement rights described below: A. Location. The location of the Easement is set forth on the map attached hereto as Exhibit A. As is shown on said map, the northern portion of the Easement extends from South Mason Street west along the common boundary of Lots 10 and 11; the Easement then turns south along the western portions of Lots 10 and 9; and finally the Easement runs along the common boundary of Lots 8 and 9, easterly to South Mason Street. Where the Easement lies on common boundary lines, it shall be 24 feet wide, of which 12 feet shall lie on each affected lot. Where the Easement extends along the rear portion of Lots 9 and 10, the Easement shall be 20 feet wide and shall have a westerly boundary line that is 25 feet from the west boundary line of Lots 9 and 10. Where the Easement intersects with South Mason Street, curb and gutter shall be installed that, at a minimum, meets the requiremen" of the City of Fort Collins Code. The balance of the Easement shall be surfaced in a manner that, at a minimum, meets the City of Fort Collins requirements. 1 cottier July 7, 1994 Kirsten Whetstone, Project Planner Community Planning and Environmental Services F.O. Box 580 281 North College ave. Fort Collins, Colorado 80522-0560 Re: AAMCO Transmission shop, Lot 10 Creger Plaza Second Replat P.U. D. Dear Ms. Whetstone, Attached please find the Fire And Emergency vehicle Access Easement Agreement for lots 8, 9, 10, and 11. This document has been executed and recorded. To satisfy fire access for development of lot 10, appropriate portions of the easement across lots 10 and 11 will be installed which will connect with the paved parking and traffic area adjacent to the south and east of the proposed building. No improvements to the easement on lots 8 and 9 will be made at this time. The portion of the easement on lot it will be a hard, all weath surface. Si cer ly, eter M. Cottier Cottier Construction Inc. cottier construction, inc p.o. box 1051 fort collins, colorado 80522