HomeMy WebLinkAboutFOX GROVE ODP - ODP130003 - SUBMITTAL DOCUMENTS - ROUND 1 - EASEMENTS10126t2005
Gallenstein -lmago/ARP
American Retirement Prop
("Grantor") whose address
DEED OF ACCESS EASEMENT
THIS DEED, made this l&trday of 0c*, b*. ,2005, between,
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lity company
The Gity of
is 300 La Porte Avenue, Fort Collins, Colorado 80521.
WITNESSETH:
1. That for and in consideration of the covenants and agreements herein set
forth, the sum of Ten Dollars ($10.001, and other good and valuable
consideration in hand paid by the Grantee to the Grantor, the receipt and
adequacy of which is hereby acknowledged, the Grantor hereby grants, sells and
conveys to the Grantee, it successors and assigns, a temporary emergency
access easement for emergency, fire, police, ambulance and similar emergency
general access on, over and through portions of the real property situated in the
County of Larimer, State of Colorado described on Exhibit "1" attached hereto
and by this reference made a part hereof.
2. The parties acknowledge that this tempora ss easement
is being granted pursuant to an agreement dated ong lmago
Enterprises, lnG., a Colorado corporation ("lmago") and American Properties,
LLC a Colorado limited liability company ("ARP") and Lester M. Kaplan,
individually and is subject to the provisions thereof.
3. Grantee acknowledges that the subject easement is only a temporary
emergency access to the lmago property (said lmago property being described
on Exhibit "2" hereto). The primary access to the lmago property is from
Mulberry Street south on Carriage Parkway across the Clydesdale property.
Said primary access and the temporary emergency access granted hereby
across the ARP property (sometimes referred to as "the Waterdale Property") are
depicted on Exhibit "3" hereto and incorporated herein by reference. The rights
granted herein shall include the right to access said temporary emergency
access easement over and across the roads in the Waterdale property, but only
for the limited purposes set forth herein.
4. The temporary emergency access easement granted hereby shall be the
east 20 feet of pad no. 39 in Waterdale and shall be paved in asphalt with
breakaway bollards within the easement on both its northern and southern
boundaries at the street intersections to mark the location of the emergency
easement. The approximate location of said temporary emergency access
easement is reflected on Exhibit"4", hereto.
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101261200s
Gallenstein -lmago/ARP
5. The subject temporary emergency access easement shall be used only in
emergencies by means of a remote-controlled gate which may be operated only
by authorized emergency personnel.
6. Said temporary emergency access easement shallterminate automatically
30 days after any other emergency access to the lmago property which is
reasonably satisfactory to the Grantee becomes available, whether as a result of
development of neighboring properties or otherwise. ln such event the Grantee,
on its behalf, and on behalf of lmago shall execute and deliver to ARP a
satisfactory termination of said temporary easement.
7. Grantor reserves the right to use said easements for purposes which will
not interfere with Grantee's full enjoyment of the rights hereby granted; and the
parties further agree that the uses of said easement by Grantor and the
agreements concerning those uses shall be consistent with the following
provisions.
(a) Grantor shall not erect or construct any building or other structure, or
drill or operate any well, or construct any reservoir or other obstruction,
or othenrrrise add to the ground level in said easements; and,
(b) Grantor shall not deposit, or permit or allow to be deposited, earth,
rubbish, debris, or any other substance or material, whether
combustible or noncombustible, on said easements.
(c) Grantor shall not alter or permit the alteration of the grade or
elevation of the ground sudace or the composition of the overburden
above or subjacent material below the Grantee's improvements.
(d) Grantor shall restrict the trees and shrubs or other improvements in
the easement area that may either interfere with or make more costly
the Grantee's exercise of its rights under the easement.
8. The Grantor states that it is the lawful owner in fee simpte of the real
property described herein; that it has a good and laMul right and authority to
grant, the emergency temporary access easement provided for herein.
9. Whenever used herein, the singular number shall inctude the plural, the
plural the singular; and the use of any gender shall be applicable to all genders.
All of the covenants herein contained shall be binding upon and inure to the
benefit of the parties hereto, their respective heirs, personal representatives,
successors and assigns.
1012612005
Gal lenstein -lmago/ARP
lN WITNESS WHEREOF, the Grantor has executed this Deed of
Easement the day and year first above written; and the Grantee has caused this
Deed to be executed as an Agreement by its Mayor ts City Clerk,
and its corporate seal to be hereunto affixed on the ay of
,2005.
GRANTOR:
American Retirement Properties, LLC, a
STATE OF COLORADO
COUNry OF LARIMER
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America n Retirement Properties, LLG, a Golorado limited liability company.
Witness my hand and off
My Commission expires:
Notary Public
GRANTEE:
City of Fort Collins
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1012612005
Gallenstein -lmago/ARP
STATE OF COLORADO
COUNTY OF LARIMER
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e fgregoing instrument was acknowledged before me this lflday of
(lW tWtW4, 2005, by Douglas P. Hutchinson as Mayor and Wanda
Krajicek as City Clerk for the City of Fortle(ie$ a Colorado municipal
corporation.
Witness my hand and
My Commission expires:
Exhibit '.t1"
A TRACT OF LAND SITUATED IN THE NW I/4 OF SECTION 15, TOWNSHIP 7 NORTH, RANGE
68 WEST OF THE 6TH P.M., COUNTY OF LARIMER, STATE OF COLORADO, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS; CONSIDERING THE NORTH LINE OF THE NW II4 OF
SECTION 15, TOWNSHIP 7 NORTH, RANGE 68 WEST AS BEARING S 89 DEGREES 15' OO" E
AS DETERMINED BY MONUMENTS FOUND AT THE N 1/4 CORNER AND THE CENTER 1/4 CORNER
OF SAID SECTION 15, AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO:
COMMENCING AT THE N 1/4 CORNER OF SAID SECTION 15; THENCE ALONG THE EAST LINE
OF THE NW 1/4 OF SECTION 15, S OO DEGREES 07' 56" W, 110.26 FEET TO THE TRUE
POINT OF BEGINNING; THENCE S 00 DEGREES 15' 39" W, 1944.95 FEET ALONG THE EAST
BOUNDARY OF SAID LAND TRACT TO A NE CORNER OF A TRACT OF LAND DESCRIBED IN
DEED RECORDED AT RECEPTION NO. 99069818; THENCE N 89 DEGREES 32' 23'W, ALONG
A NORTH LINE OF SAID TRACT (99069818), 1411,34 FEET TO ANOTHER CORNER OF SAID
TRACT (99069818); THENCE N 00 DEGREES 29' 22'8,403.53 FEET TO ANOTHER NE
coRNER (99069818) ALSO BEING THE SE CORNER OF A TRACT OF LAND DESCRIBED IN
DEED RECORDED IN BOOK 1877 AT PAGE 419; THENCE N 32 DEGREES 15' 02'E, 688.50
FEET ALONG THE EAST LINE oF SAID TRACT (BOOK 1877 PAGE 419); THENCE ALONG THE
SOUTH LINE OF A TRACT OF LAND DESCRIBED IN DEED RECORDED AT RECEPTION NO.
9704'7900, S 89 DEGREES 40' 58" E, 362.73 FEET; THENCE ALONG THE EAST LINE OF
SAID TRACT (97047900), ALONG A CURVE CONCAVE TO THE NW HAVING A CENTRAL ANGLE
OF 44 DEGREES 15' 03" AND A RADIUS OF 585.00 FEET, THE CHORD OF WHICH BEARS N
48 DEGREES 01' 15" 8,440.66 FEET; THENCE ALONG THE ARC OF SAID CURVE 451.81
FEET; THENCE CONTINUING ALONG SAID EAST LINE (97047900), ALONG A CURVE CONCAVE
TO THE NW HAVING A CENTRAL ANGLE OF 31 DEGREES 56' 39" AND A RADIUS OF 785.00
FEET, THE CHORD OF WHICH BEARS N 09 DEGREES 55' 24" 8,432.01FEET; THENCE
ALONG THE ARC OF SAID CURVE 437.66 FEET; THENCE N 06 DEGREES 02' 55" W, 2r5.77
FEET TO THE NE CORNER OF SAID TRACT (97047900); THENCE N 00 DEGREES 57' 01" E,
20.09 FEET; THENCE S 89 DEGREES 02' 59" E, 312.99 FEET TO THE TRUE POINT OF
BEGINNING.
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Property
Pad No. 39. Location of 20' fire lane
With remote-controiled gate.
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