HomeMy WebLinkAboutMULBERRY CONNECTION - FDP200030 - SUBMITTAL DOCUMENTS - ROUND 3 - EASEMENTS
DEED OF PERPETUAL EASEMENT
(Underground Utility)THIS DEED, made this dayof,2021,betweenSuper Vacuum Manufacturing Co., Inc., d/b/a Super Vacuum Manufacturing Company, Inc.,a Colorado corporation (“Supervac”),
and Bonfire, LLC, a Colorado limited liability company (“Bonfire”, with collective reference to Supervac and Bonfire, "Owner"), whose addressis 3842 Redman Drive, Fort Collins, Colorado
80524 (for Supervac) and 231 North Chimney Park Drive Windsor, CO 80550 (for Bonfire), and BOXELDER SANITATION DISTRICT ("District"), a statutory special districtandpoliticalsubdivisionoftheStateofColorado,whoseaddressis3201EastMulberryUnit
Q, Post Office Box 1518, Fort Collins, Colorado80522.
WITNESSETH:Thatforandinconsiderationofthecovenantsandagreementshereinsetforth,thesumofTen Dollars($10.00)andothergoodandvaluableconsideration in hand paid by the District to the Owner,
the receipt and adequacy of which is hereby acknowledged, the Owner, who is the recorded owner of that certain parcel of real property describedinExhibit“A-1”attached hereto and incorporated
herein by this reference (“Property”), hereby grants, sells and conveys to the District, its successors and assigns, a perpetual non-exclusive easement to install, construct, operate,
maintain, repair, reconstruct, replace, inspect, survey,andremove,atanytimeandfromtimetotime,undergroundutilitiesandpipelines for sanitary sewer service for the exclusive benefit of
all or any portion of the property described in Exhibit“A-2”attached hereto and incorporated herein by this reference (“Benefited Property”), such easementincluding allundergroundimprovementsandappurtenancesthereto,on,along,andinallofthehereinafterdescribedmorefully
onExhibits"B"(by legal description) and“C” (by drawing) attachedheretoandincorporated herein by this reference, to the extent reasonably necessary to exercise and accomplish the operationalpurposes.The
Owner further grants to theDistrict:The right from time to time to temporarily change the grade of the easement, and to enlarge, improve, reconstruct, relocate and replace any underground
utility lines, improvements or other appurtenancesconstructedhereunderwithanyothernumberortypeofundergroundutilities andpipelines,orotherstructureseitherintheoriginallocationoratanyalternatelocationor
locations within said perpetual easement. Upon completion of such work, or any repairs to and/or maintenance thereof, the District shall return the grade to as near the original aspossible.Therighttomarkthelocationofsaideasementbysuitablemarkerssetinorontheground;
provided that permanent markers shall be placed in locations which will not interfere with any reasonable use the Owner shall make of said perpetualeasement.The right to install gates
and locks in fences, which exist or may be constructed in the future, at the edge of or across theeasement.The right to use Redman Driveto access the easement, including by District
personnel, equipment and vehicles. In the event that Redman Drive is removed and is not replaced with a road comparable in design and location, the right to install and maintain a gravel
access road within the prescribed easement area for the same purpose. The District acknowledges that Redman Drive is the only road providing the Owner with access to the Property and
the business operating thereon. In recognition thereof, the District agrees that, in accessing the easement, or conducting activities therein, it shall not under any circumstance close
or obstruct more than one half the width of Redman Drive at any time, and that prior to closing or obstructing any part of Redman Drive, the District shall provide the Owner with no
less than fourteen (14) days’ advance notice, unless such partial closure or obstruction relates to an emergency situation regarding the loss, or imminent loss, of utilities service.
The District further agrees that any partial closure or obstruction of Redman Drive shall be done in the least impactful manner practicable under the circumstances. TheOwnerreservestherighttousesaideasementforpurposeswhichwillnotinterferewiththe
District's full enjoyment of the right hereby granted; and the parties further agree that the usesof
said easement by the Owner and the agreements concerning those uses shall be as follows:Excluding installation of business signage, which the Owner reserves the right to install, and
which the District hereby permits, theOwnershallnoterectorconstructanybuildingorotherstructure,ordrilloroperateany well,orconstructanypermanentobstruction,ordecreaseorsubstantiallyincreaseground
level,orplantanytreesorshrubswhoseheightisgreaterthan4-feet, which will interfere with the District's underground use or surface access.The Owner shall not allow the installation of
other utilities in said easement without obtainingthewrittenpermissionoftheDistrict,whichpermissionshallnotbeunreasonably withheld. The District acknowledges that the following utilities
may be installed within the easement concurrently with the District’s utilities and the District hereby consents to the installation of such utilities: easement for water service granted
to East Larimer County Water District and easement for electrical service granted to the City of Fort Collins.TheOwnershalltakenoactionwhichwouldimpairorinanywaydecreaseorsubstantially
increasethegroundlevel,orthelateral,orsubjacentsupportfor,orwhichwouldinterfere with the use of the aforementioned underground utility lines, improvements and appurtenanceswithintheeasementwithoutobtainingthespecificwrittenpermissionofthe
District, which permission shall not be unreasonablywithheld;The Owner may use the easement for any and all lawful purposes consistent with the purposes set forth in this easement, including
but not limited to setbacks, density, open space,landscaping,roadways,andparking,solongassuchusesdonotinterferewiththe continued use, maintenance and repair of, or cause damage to the
facilities constructed hereunder within the easement;andIntheeventanyofthetermsofthisagreementarebreached bya party hereto, orbyanyperson inprivitywith such party,suchbreach shallbeimmediatelycorrectedandeliminatedupon
receipt of notice from thenon-breaching party, and if not corrected, the non-breaching party shall have the right to correct and eliminate such violation, and the breaching party, its
heirs, administrators, successors andassigns,shallpromptlypaytheactualcoststocorrectsaidbreach including,butnot limitedto,thenon-breaching party’s reasonableattorneys’fees Ifsuchbreach
isnotcorrectedwithina reasonablelengthoftimefollowingreceiptofnoticefromthe non-breaching party,thenon-breaching party shallalso have the right to file appropriate proceedings to enjoin
any breach and request specific performanceoftheconditionsdescribedherein, and the court shall award to the prevailing party all costs and fees incurred in connection therewith, including
reasonable attorneys’ fees.ThisprovisionshallnotprecludetheDistrict fromrecoveryofdamagestotheimprovementscausedbytheOwner'sactsoromissions.The District reserves the right to do all
acts necessary to immediately remedy any emergency or situation that may arise that disrupts or affects the utility.The District hereby accepts the easement as-is with all faults, in
the condition existing as of the date of execution hereof, including the presence all improvements located within the easement, including, by way of example and without limitation, private
and public utilities, asphalt paving, concrete curbs and gutters, trees, bushes and other landscaping (regardless of height), landscaping irrigation and signage,as may be repaired or
replaced by the Owner subsequent to the date of execution hereof, provided such replacement improvement is substantially similar to the original improvement, excluding the replacement
of trees or bushes which will exceed four (4) feet in height, such improvements being expressly permitted hereunder.The District shall restore to its original condition, or as close
thereto as possible, except as necessarilymodifiedtoaccommodatethefacilitiesandappurtenancesinstalledbytheDistrict,or repair any damages caused on said easement, or improvements permitted
by this easement, arising out of the construction or reconstruction, maintenance and repair of said underground utilities, pipelines, andappurtenances.IncasetheDistrictshallpermanentlyabandontheeasementhereingranted,andceasetouse
the same, all right title and interest hereunder of the District shall revert to the Owner of the Property.Thepartiesheretoagreethatneitherhasmadeorauthorizedanyagreementwithrespecttothe
subjectmatterofthisinstrumentotherthanexpresslysetforthherein,andnooralrepresentation,promise,orconsiderationdifferentfromthetermshereincontainedshallbebindingoneitherparty, or its agents
or employees,hereto.The Owner warrants that it has full and lawful authority to make the grant hereinabove contained, and promises and agrees to defend the District in the exercise of
its right hereunder against any defect in the Owner's title to the land involved or Owner's rights to make the grant hereinabovecontained.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 andassigns.The signatures hereto warrant that they have full
and lawful authority to make the grant hereinabove contained on behalf ofOwner.
This Deed is not intended to, nor will it create, any rights in the public to the easement.The District hereby agrees that it shall not cause or permit any mechanic’s lien, materialman’s
lien or any other lien to attach to the Property as a result of the District’s activities in the easement or the exercise of its rights hereunder. If any such lien is recorded, the District
shall cause the lien to be released, at its expense, within thirty (30) days after the same is recorded. If the lien is not so released, then Owner may, at its option, obtain the release,
in which case theDistrict shall reimburse the Owner for the full cost of the release, including, without limitation, reasonable attorneys’ fees and costs.
INWITNESSWHEREOF,theundersignedhavesettheirhandsheretoonthedayandyear first abovewritten.
[Signature pages follow]
OWNER:SUPER VACUUM MANUFACTURING CO., INC., a Colorado corporation d/b/a Super Vacuum Manufacturing Company, Inc.By:Name: Title:STATE OF _____________________)) ss.COUNTY OF ____________________)
The foregoing instrument was acknowledged before me this ____ day of ____________, 2021, by ___________________, as the ____________ of SUPER VACUUM MANUFACTURING CO., INC., a Colorado
corporation d/b/a Super Vacuum Manufacturing Company, Inc.
Witness my hand and official seal.
My commission expires: ___________________________________________________Notary Public
OWNER:BONFIRE, LLC, a Colorado limited liability companyBy:Name: Title:STATE OF _____________________)) ss.COUNTY OF ____________________)The foregoing instrument was acknowledged before
me this ____ day of ____________, 2021, by ___________________, as the ____________ of BONFIRE, LLC, a Colorado limited liability company.Witnessmy hand and official seal.My commission
expires: ________________________________________________________Notary Public
BOXELDER SANITATION DISTRICT:
astatutoryspecialdistrictandpolitical subdivision of the State ofColorado
Brian Zick
District ManagerStateofColorado)
):SS.CountyofLarimer)
Theforegoinginstrumentwassubscribed,sworntoandacknowledgedbeforemethisdayof,2021 byBrianZickasGeneralManagerofBoxelderSanitationDistrict.
WITNESS my hand and official seal
Notary PublicMy commissionexpires:OWNER LENDER CONSENT TO DEED OF PERPETUAL EASEMENT
UMB BANK, n.a. (“Lender”), as beneficiary under that certain Deed of Trust dated November 1, 2011, and recorded on November 3, 2011, at Reception No. 20110067293 (“Deed of Trust”) of
the Larimer County Records, encumbering the Property, hereby consents to the execution and recording in the Larimer County Records of the foregoing Deed of Perpetual Easement and agrees
and acknowledges that any foreclosure, enforcement or other remedy available to Lender under the Deed of Trust shall not void or otherwise impair the validity of the foregoing Deed of
Perpetual Easement or the covenants running with the land described therein.
LENDER:
UMB BANK, n.a.
By:
Name: _____________________________
Title: _____________________________ STATE OF _______________)) ss.COUNTY OF _____________)The foregoing instrument was acknowledged before me this ___ day of ________, 2021, by _______________,
as ______________ of UMB BANK, n.a., a national banking association. Witnessmy hand and official seal.My Commission Expires: NOTARY PUBLIC(Seal)EXHIBIT A-1(PROPERTY)
A tract of land situate in the Northeast ¼ of Section 9, Township 7 North, Range 68 West of the Sixth P.M., Larimer County, Colorado, which considering the West line of the Northeast
¼ of said Section 9 as bearing South 00° 10' 15" West and with all bearings contained herein relative thereto is contained within the boundary lines which begin at a point on the said
West line which bears South 00° 10' 15" West 1769.82 feet from the North ¼ corner of said Section 9, and run thence South 89° 45' 25" East 2409.46 feet to a point on the Westerly right-of-way
line of Interstate Highway I-25 as recorded in Book 1244 at Page 324 of the Larimer County Clerk and Recorder's office; thence South 01° 58' 30" West 80.00 feet along the said Westerly
right-of-way line; thence North 89° 45' 25" West 648.77 feet; thence South 00° 14' 35" West 560.78 feet; thence North 88° 55' 05" West 349.20 feet; thence South 00° 09' 50" West 225.00
feet; thence North 88° 55' 05" West 1109.42 feet; thence North 77° 36' 45" West 306.00 to a point on the West line of the said Northeast ¼; thence North 00° 10' 15" East 780.00 feet
to the point of beginning.EXHIBIT A-2(BENEFITED PROPERTY)Lots 1 and 2 of the Redman Subdivision Plat, recorded under ___________ of the Larimer County real property records.EXHIBIT B(EASEMENT
DESCRIPTION)EXHIBIT C -(EASEMENT DRAWING)[PAGE 1 OF 2](EXHIBIT C -(EASEMENT DRAWING)[PAGE 2 OF 2]