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HomeMy WebLinkAboutSPRADLEY BARR AUTO DEALERSHIP PDP FDP - 64 93E - CORRESPONDENCE - RESPONSE TO STAFF REVIEW COMMENTS (5)J 31901"o or A" LEGAL, DOCvMNTO 8.1 Once the exact location and legal dexcriptiona of rile easements mentioned hezetn are determined the parties will draft and ri.gn all easements and any and all other neceaaary and reasonable documents Lo cffecLuaLe the cacamcnts and the terms and intent of this agreement. RUMIM OF 88M6FITS Am BUFMR 1$ 9.1 All provisions of this Agreement, including all benetits and burdens, shall run with the lands of the owners/grantees, and are bindin9 upon and shall inure to the benefit of the aU&c i.ra, assigns, ssccesson. and personal representatives of the parties hereto, subject to the provisions of this Agreement. CONSTRUCTION 10.1 This Agreement shall be given a reasonable construction in light of. Lhe intention of the owners to confer on one another a uacablc right of ingress and egress to and from the properti.es of the each of the owners to allow full construction, development and usage of the reapoctive propert.ira for the fullest economic benefit of each of the owners. 11.1 This agreement and the 'terms, conditions and provisions hereof may be enforced by any of the parties hereto, and in the event legal or administrative suits or proceedings are brought against any party (whether a party to this instrument or not) for the purposes of enforcement., the prevailing party or parties shall recover from the non - prevailing party or parties all costs associated therewith including but not limited to reasonable attorney fees. 4 In witness hereof the owners have executed this document as of the date and year first above written. ARBOR PROPERTIES, LTD. a Limited Partnership $PriedIey/Barr, LLC By: 2601 S. Co eqe Avenue Ft. Collins, CO First Party M .., MAR.18 '98 5:1 3 payment of thoae coats which are attributable to their Property and First Party will be solely responsible for the payment of Lhose costa attributable to their property. 5.2 The cost of surveying, designing and constructing the driveway and pedestrian ingrQ33 and egress as described In paragraph 3 will be paid al follows: Eirst party will be solely liable for the Payment of these costs. $.3 The coat of surveying, designing and constructing the roadway as described in paragraph 4 will be paid as follows: The second party will be solely responsible for the payment of these costs. 6.1 The ongoing maintenance costs of the curb cuts as described in paragraph 2 will be paid as follows: The second party will be solely responsible for the payment of costs for any items on Second Party's property and First Party will be solely responsible for the payment of costs for any items on First Party's property. 6.2 The ongoing maintenance costs of the driveway and Pedvstrian ingress and egress as described in paragraph 3 will be paid as follows: The first party will bw xulely responsible for the paymOnL of these rants_ 6.3 The cost of ongoing maintenance costs of We ingress and egress as described in paragraph 4 will be paid as follows: The second party will be solely responsible for the payment of these costa. GRANTING OF EASEMENT 1.1 Subject to the terms and CondiLlons bet forth, each oP the owner*, ax Grantors, hereby grants and conveys to the user as Grantee and their successors and assigns, without warranty of title, a non-exclusive easement to the PxvwrLy described herein which each of the owners, as Grantor, now owns. 7.2 Thn aasoments described herein shall be for Lhe use of the parties hereto, their sixrresaers and assigns, and all guests, invitees, (social and business) emplpycaar agents, tenants, Customers, adjoining land Qaners and pedestrian, vehicle and customer accean. 7.3 it is the intent of each of the grantors to allow lull and complete aearas and usage of Lhe easement by the grantee for business and development purposes of the grantee, their successors and asaigna, and for QAv Lull development, personal and commercial usage, of the properties. MRR.18 '98 5:17PM z the City of Fort Collins may require this 10 foot long riffraff area to be curbed, cemented or asphalted. In such event First tarty agrees to do no at their oxpwnse, If in the event the City imposes additional requirements causcd by the development of Second rorty's property, Fiat Party will allow Second Party to enter onto First Party's property to construct or install any additional requirements. Thio additional. installation will be solely at the cost and expense of Second Party and Second Party will commit no waste nor damage to FiraL fatty's property while it conatruct3 the additional requirements. DRIV WhT AND PZDZSTRIM INGRESS AND BGRMS 3.1 The current driveway and pedestrian acceos from College Avenue which serves the Second Party's property is located on First Party's property. 3.2 The exdLL location and grading of said driveway is set forth in Exhibit D and the pedestrian access is sat forth on Exhibit E winch are attached hereto and hereby invucpurated herein. 3.3 The First Party will. grant ;.o second Party a permanent non- exclusive ec)ksemc-r%t fox Lhe use of said driveway and pedestrian access. ROADWAY 711MESS Jew ZCRESS 4.1 The parties are desirous of having acceos to a traffic control eignal which is proposed to be located further south on College Avenue and Fairway Drive. The exact location of the non exrlunive access easement is currently not determined however, it will extend from the access Pnint described in paragraph 3 in a southerly or southwesterly direction so that access for both First and Second Parties to the LLdffic control aignal to the south will be possible. 4.2 Second Party will grant to First Party a permanent non- exclusive easement for usage of said access roadway when its location is determined. The portion agree this easement shall be at least 24 feeL in width. 4.3 It is the intent of the parties that the acreao roadway will be constructed as soon as that portion of Second Party's property upon which the access roadway is located is developed. CW-r OF suRvraY, DESIGN AND C ONOTM=XON 5.1 The cost 01: surveying, designing and constructing the storm drainage as described in paragraph 2 will be paid as follows: second patty will be Solely responsible for the MAR.18 e 5:1 TM 1,1, ,86YZ f/WW-v com.oL Aso tp 7 Phono 0 PNM 0 .j03 . qq.? -.Gsf „_. q Fan# ntv8UWNW,t CDOFKPATIOtt AM RECIPFIOCAL BAs="T twt_ THIS AmRtawT made: this /f daY of 1998, by and between 8pradaeY/err tLff *a Colorado LIMItea- viability company whv�e address is 2601 S. College Avenue, Z•'1'D7► , & Collins. coloradu ("First Party") and Arbor Properties Colorado Limited partnership, whose address is s;(► 17th St.. 80ulder, Colorado 8030?.0 ("Second ParLY")- ouc; of oping vampyAuj the 1es rooerttiestohgreto are iu ximira trterrespective l.us gta their respective P and values; and y1}; p2A3, First Party has a current site plan which it will modify as Oct forth herein; and NgERSA& both partiescooperating i second Party a d with the other to acconwivilate Ntu a de elopment o property, Y7 IS =gpj[p I± CCNTVMTED AND pMW-VD as follows: 1.1 First Party is the owner a tract of land commonly known as 4809 S. Collega Avenue, N't. Collins, Colorado and more particularly described in Exhibit A which .i.s attached hereto and made a part hereof. 1.2 second Party is the owner of a tract of land commonly known as 4929 S. College Avenue, Ft. collins. Colorado and more particularly described in Exhibit B which is attached hereto and made a part hereof. STOIit'i DMI1U= 2.1 First Party will construct a,6" hiqh curb along Its South Property boundary in an eact/west direction. The historical draluage flew has previously entered Second Party's property'' at various locatlona-alongthis line. _ 2.2 In =l effort to aLLrurgt to alleviate this situation FiF$t Harty will install a curb cut and a cut for an access drive at the two locations deirrtbed in Exhibit C. Said oxhibit is hereby jacQrporated into this Agreement. 2.3 The above curb Cut is on the property Of First party and Is line appLoximately 10 feet from the prop Y i,wtwecn the property of First Party and Second Party. on First Party's property, from the curb cut to the property line, Lu a riftraff configuration for water paagina tbrnugh the curb Cut. once second party devcloys their propertyr JAY E FLICK FAX 7195437300 PAGE 05 • 'Y�— —1Q98 5=02PM FROM %,FW LtT/tlwua rune _ _.....:�_ ..:._... _. ..; ..... ._ . __ { THE SEAR -BROWN GROUP FUWSEIt CE DESIGN PROFESSIONALS YORMERLT RBD, INC. 209 SOUTH MELDRUM FV RT COLWNS. COi •ORAW 3012I -201 9104"-$927 !N4 9To-62-6366 DESCRIPTION: PEDESTRIAN ACCESS EASEMENT An pedestrian easement located in the Northeast Quarter, of Section 2, Townshiopmdo being6 North, ° 69 West of the 6th principal N,,:eridian. City of Fort Collins Larimer County, particularly described as follows: Considering the Fast line of slid Northeast Quarter as bearing South 00°47' 00" West and with all bearings contained herein reletive thoroto: th South 00°47'00" West along said Commencing at the Northeas�: Comer of said aid Section l~ast line,• Noah 88°52'00^ Went, 46.91 feet to the POINT OF BEGI East line, 93EGINNING said'poiat b95.83 feet; thence: depabieinbeing son the West right-of-way that of Colorado State Highway No. 287; thence along said Wart nght'of way line` South 00952,00" West, 450.00 f g dunce, North 35.45'00"" ; thencel0 South 88�`2'00 East,me, North 608 focr to th52!00h East,e POINT OF B DMO.7°3S'Z9" East. The above describedeasemegtoontalm 0.104 acres more or less and is subject to all easements and rights.Opway now on record or existing. 598005ec.wpd IM/98 RAN. NEW yrrK-i,1'NNyYLVANJA COL.OFADO •UTAH i!CillAi.liP .)K'fUNI'IY I:MP1.OYf.i• ,�A..mAonS IN vXCFLLENCE _. _ JAY E FLICK FAX 7195437300 PAGE 04 _ - FORD 9702299794 .i� .. _ _:J........ =.e r 1998 5:02>?M _ Fi20M _ 11-28- t&AftwtsKllUVVN PEDESTRIAN ACCESS EASEMENT A TRACT OF LAND LOCATED 8 THE NORTHEAST 9 WEST - OF OF SECTION 2, TOWNS OF THE 6TH PAINCIPAL MERIDIANCC01�pRADO.pRT COLI.MS, LARIMER COUNTY, WEST RIGHT OF WAY LINE OF HIGHWAY 287 (SOUTH COLLEGE_ VEN 3 8 N88'52'00"W 46.71' j S 8882'O0 E I . N 07'35'29' E SCALE: 1' . 100' DATE 1-23-98 N 88'52'00- w NpTE. NO RECORDED OR %"NG 10.23' HEREON RDaa 47.36 EASEMENTS SHONN E 1 /4 CORNER SEC 2-6-69 NE CORNER SEC 2-6-69 sup JAY E FLICK FAX 7195437300 PAGE 03 ATTORNEY'S CERfIFICATION 1 hereby certify that the foregoing Deed has been duly executed as required pursuant to §2.2.3(C)(3)(a) through (e) inclusive of the Land Use Code of the City of Fort Collins and that all persons signing this Deed on behalf of a corporation or other entity are duly authorized signatories under the laws of the State of Colorado. This Certification is based upon the examination of the records of the Clerk and Recorder of Larimer County, Colorado as of the 23rd day of March, 1998, and other the Land Use discovered by de. me through reasonable inquiry and is limited as authorized by §2(C)( )(t) )ayE. Flick 1225 N. Grand, Ste. 208 pueblo, CO 81003 Registration No. 2192 DEED OF DEDICATION FOR EASEMENT KNOW ALL MEN BY THESE PRESENTS: That the undersigned SpradleyBarr, LLC, a Colorado Limited Liability Company, being the owner of certain real property in Larimer County, Colorado legally described at Reception No. 97033058 in the Larimer County Records, in consideration of Ten Dollars (M 0.00) in hand paid, receipt of which is hereby acknowledged, and other good and valuable consideration, does hereby dedicate, transfer, and convey to the City of Fort Collins, Colorado, a Municipal Corporation, for public use forever a permanent casement for pedestrian access in the City of Fort Collins, County of Larimer, State of Colorado, more particularly described on Exhibit "A" attached hereto and by this reference made a part hereof. It is understood by the undersigned that, by acceptance of this dedication, the City of Fort Collins will not accept the duty of maintenance of such easement. n Witness our hands and seals this e4v_ day of March, 1998. Grantor: Sp ley/Barr, LLC ATTEST: By: _ �..... By: G i Title: Manager Title STATE OF COLORADO) ) ss. County of Larimer ) aJ The foregoing instrument was acknowledged before me thisorday of by Kriss Spradley as Manager and William Barr as Member. Witness my hand and official seal. My commission expires: Accepted by the City of Fort Collins on the Notary Public day of _ . 199 City Clerk March 31, 1998 Steve Olt Project Planner City of Fort Collins Planning Department P.O. Box 580 Fort Collins, CO 80522 Dear Steve; CM@@P* urban design, inc. 3555 stanford road, suite 105 fort collins, colorado 80525 (970) 226-4074 FAX (970) 226-4196 Attached are five prints of the Spradley-Barr Vehicle Display Area - Project Development Plan/Final Compliance indicating revisions made in response to the City Staff Comments dated March 4, 1998. Specific responses include: • State Access Permit requirements are being addressed by Alliance Construction and Sear -Brown. As indicated in the attached memo from Matt Delich, no variances appear to be needed to meet Access Code requirements. • The intersection at College Avenue has been modified to include greater curb radii and an island to control left turns, as we agreed last week. • The elevation of the display pads has been lowered. • As we agreed last week, the access drive widths in the vehicle display area are adequate. • Sear -Brown has indicated that drainage questions have been resolved. 0 Gregory Electric is providing the clarification requested regarding the lighting plan. • The slopes adjacent to the public walk have been modified as we discussed last week, to create a safer and more attractive condition. • A copy of the agreement with the adjacent property owner, and a copy of the easement for the walk along College Avenue, are attached. It is extremely important to the applicant that this item be placed on the earliest possible P&Z agenda. Ten sets of prints, reductions, and color renderings will be submitted by April 23`d in anticipation of the May 7'h P&Z Hearing. Please call if you need further information. Sincerely, 2 �,4VzAc�K Eldon Ward, President Cityscape Urban Design, Inc. cc: Kriss Spradley, Spradley Barr Bill Barr, Spradley Barr Jim Allen -Morley, Sear -Brown Group Larry Stroud, Miscio & Stroud