HomeMy WebLinkAbout4345 CORBETT DRIVE REPLAT - BDR210006 - SUBMITTAL DOCUMENTS - ROUND 2 - EASEMENTSAFTER RECORDING RETURN TO:
H. Sandy Lowe
Holland & Knight LLP
1801 California Street, Suite 5000
Denver, Colorado 80202
declaration of easements
(FRONT RANGE VILLAGE – SPROUTS)
THIS DECLARATION OF EASEMENTS (this “Declaration”) is made and entered into as of the ___ day of _____________, 2021 (the “Effective Date”), by RPT REALTY, L.P., a Delaware limited partnership
(“Declarant”), whose address is 19 West 44th Street, Suite 1002, New York, New York 10036.
RECITALS:
A.Declarant owns certain real property more particularly described on Exhibit A attached hereto and made a part hereof (the “Shopping Center”).
B.Declarant is seeking approval to subdivide(the “Subdivision”)Lot 14A as depicted on Exhibit B attached hereto (“Lot 14A”), and the City of Fort Collins, Colorado requires this Declaration
and the creation of the easements herein in connection with the approval of such Subdivision.
NOW, THEREFORE, in consideration of the above premises, the mutual promises and covenants herein contained, and other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, Shopping Center Owner and Outparcel Owner agree as follows:
1. Defined Terms. “Common Areas” shall mean the common entrance drives, parking areas, driveways, accessways,service drives, drive aisles, sidewalks and other similar improvements now
or hereafter located in the Shopping Center and/or Lot 14(A), as applicable, as the same exist from time to time. “Lot14(A) Owner” shall mean the owner in fee simple of Lot 14(A) and
its tenants, licensees, invitees, employees, successors, and assigns. “Declarant” shall mean the owner in fee simple of the Shopping Center and its tenants, licensees, invitees,
employees, successors, and assigns. Each of Lot 14(A) Owner and Declarant may each be referred to herein as “Parcel Owner”, and the Shopping Center and/or Lot 14A may be referred to
herein individually as a “Parcel” or together as the “Parcels”.
2. Access Easement and Parking Easement. Lot 14AOwner shall have: (a) a perpetual, nonexclusive access easement for ingress and egress over the Common Areas located within the Shopping
Center, and (b) a perpetual nonexclusive easement for parking over the Common Areas of the Shopping Center.
3. Cross Utility Easement.Each Parcel Owner shall have a permanent, non-exclusive easement over, upon, and across the Common Areas located upon the other Parcel as is necessary for the
installation, operation, flow, passage, use, maintenance, connection, repair, relocation, and removal of utility lines, including, without limitation, common utility lines serving the
Parcels, including but not limited to, sanitary sewers, storm drains, water (fire and domestic), gas, electrical, telephone and communication lines. The location of any utility line
shall be as currently exists. Each Parcel Owner reserves the right, in its reasonable discretion, to change from time to time the configuration, location, number and size of the foregoing
utilities located on its Parcel, so long as (a) all work shall be completed at the sole expense of the Parcel Owner undertaking the change, and (b) the other Parcel Owners’ access to
and/or use of the same is not unreasonably impaired.Any addition, construction, installation, service, maintenance, modification, reconfiguration, repair or replacement of any utility
lines or facilities shall be performed in a manner so as to minimize interference with the use and enjoyment of the Parcels and of utility service, and the Parcel Owners shall use commercially
reasonable efforts to work together to coordinate the scheduling of such work in furtherance of same. Any Parcel Owner exercising the right and easement hereby granted shall, at its
sole expense, properly and promptly repair and restore any and all resulting damage to the Parcels and/or Shopping Center, as applicable, as soon as possible following completion of
the work.
4. Miscellaneous. This Declaration shall be construed and interpreted in accordance with the laws of the State of Colorado. This Declaration is intended to run with the land and shall
be binding upon and inure to the benefit of, and may be enforced by, the Parcel Owners and their respective lenders, successors, and assigns.
[Signature on following page]
SHOPPING CENTER OWNER:
RPT REALTY, L.P.,a Delaware limited partnership
By:RPT Realty, a Maryland real estate investment trust, its general partnerBy: ________________________________ Brian Harper, President & CEO
STATE OF NEW YORK§§
COUNTY OF NEW YORK§
The foregoing instrument was acknowledged before me this ____ day of __________________, 2021, by Brian Harper, the President & CEO of RPT Realty, a Maryland real estate investment trust,
general partner of RPT Realty, L.P., a Delaware limited partnership, on behalf of said partnership.
Witness my hand and official seal.[SEAL]Notary Public in and for the State of ____________
My Commission Expires: ______________
EXHIBIT A
LEGAL DESCRIPTION OF THE SHOPPING CENTER
The Land referred to herein below is situated in the County of Larimer, State of Colorado, and is described as follows:
PARCEL A:
Lots 4, 5, 6, and 8, and Tracts B, C, D, and H, Front Range Village, recorded March 02, 2007 at Reception No. 20070016164, City of Fort Collins, County of Larimer, State of Colorado.
PARCEL B:
Lots 9, 10, 12, 14, and 16 and Tracts A, E, and F, Front Range Village First Replat, recorded September 4, 2007 at Reception No. 20070067890, City of Fort Collins, County of Larimer,
State of Colorado.
LESS AND EXCEPT LOT 14(A) AS DEPICTED IN THAT CERTAIN PROPOSED REPLAT OF LOT 14 (ATTACHED TO THIS DECLARATION IN EXHIBIT B) IN THE FINAL PLAT OF FRONT RANGE VILLAGE FIRST REPLAT RECORDED
IN RECEPTION NO. 20070016146, CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO (TO BE RECORDED UPON APPROVAL OF THE SUBDIVISION)
PARCEL C:
Lot 13, Front Range Village First Replat, recorded September 4, 2007 at Reception No. 20070067890, City of Fort Collins, County of Larimer, State of Colorado.
LESS AND EXCEPTING therefrom that portion of said Lot 13 platted as Front Range Village Building 400 Planned Community, according to the Declaration for Front Range Village Building
400 Planned Community recorded March 27, 2009 at Reception No. 20090018360, and the Map thereof recorded March 27, 2009 at Reception No. 20090018344.
COMMENCING at the West end of the Westerly-most North line of said Lot 13 and assuming said Westerly-most North line as bearing South 89°59’35” East a distance of 512.63 feet, being
grid bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/92, with all other bearings contained herein being relative thereto;
THENCE South 89°59’35” East along said North line a distance of 302.51 feet;THENCE South 00°00’25” West a distance of 25.47 feet to the POINT OF BEGINNING;
THENCE South 89°55’13” East a distance of 30.50 feet;
THENCE North 00°04’47” East a distance of 6.20 feet;
THENCE South 89°55’13” East a distance of 29.80 feet;
THENCE South 00°04’47” West a distance of 6.20 feet;
THENCE South 89°55’13” East a distance of 60.63 feet;
THENCE North 00°04’47” East a distance of 5.45 feet;
THENCE South 89°55’13” East a distance of 32.80 feet;
THENCE South 00°04?47” West a distance of 5.45 feet;
THENCE South 89°55’13” East a distance of 17.36 feet;
THENCE South 00°04’47” West a distance of 35.05 feet;
THENCE North 89°55’13” West a distance of 5.20 feet;
THENCE South 00°04’47” West a distance of 38.00 feet;
THENCE South 89°55’13” East a distance of 8.03 feet;
THENCE South 00°04?47” West a distance of 35.95 feet;
THENCE North 89°55’13” West a distance of 30.84 feet to a curve, said curve being non-tangent to aforesaid line;
THENCE along the Arc of said curve which is concave to the North a distance of 16.14 feet, whose Radius is 19.50 feet, whose Delta is 47°24?51” and whose Long Chord bears North 89°55’13”
West a distance of 15.68 feet to a line being non-tangent to aforesaid curve;
THENCE North 89°55’13” West along a line being non-tangent to aforesaid curve a distance of 66.31 feet;
THENCE South 00°04?47” West a distance of 7.03 feet;
THENCE North 89°55’13” West a distance of 64.20 feet;
THENCE North 00°04?47” East a distance of 49.50 feet;
THENCE South 89°55’13” East a distance of 8.31 feet;
THENCE North 00°04’47” East a distance of 31.28 feet;
THENCE North 89°55’13” West a distance of 5.20 feet;
THENCE North 00°04’47” East a distance of 35.25 feet to the POINT OF BEGINNING
PARCEL D:
Commercial Unit (Unit 1), Front Range Village Building 400 Planned Community, the City of Fort Collins, the County of Larimer, Colorado, according to the Declaration for Front Range
Village Building 400 Planned Community recorded March 27, 2009 at Reception No. 20090018360 of the records of the Clerk and Recorder for the County of Larimer, Colorado, and the Map
recorded March 27, 2009 at Reception No. 20090018344 of the records of the Clerk and Recorder for the County of Larimer, Colorado.
PARCEL E:
Lot 1, Front Range Village Second Replat, recorded June 30, 2011 at Reception No. 20110039170, City of Fort Collins, County of Larimer, State of Colorado
ALSO LESS AND EXCEPT THE FOLLOWING TWO PARCELS:
Lot 16, Front Range Village First Replat, recorded September 4, 2007 at Reception No. 20070067890, City of Fort Collins, County of Larimer, State of Colorado.
AND
Lot 5, Front Range Village, recorded March 02, 2007 at Reception No. 20070016164, City of Fort Collins, County of Larimer, State of Colorado.
EXHIBIT B