HomeMy WebLinkAboutKING SOOPERS #146, MIDTOWN GARDENS MARKETPLACE - FDP210001 - SUBMITTAL DOCUMENTS - ROUND 4 - LEGAL DOCUMENTSAMENDMENT TO SHARED PARKING AND ACCESS
EASEMENT DEED AND AGREEMENT
THIS AMENDMENT TO SHARED PARKING AND ACCESS EASEMENT DEED
AND AGREEMENT (“Amendment”), dated _________, 2022, is entered into by and between
DILLON COMPANIES, LLC, a Kansas limited liability company f/k/a DILLON COMPANIES,
INC., a Kansas corporation (“Grantor”) and THE CITY OF FORT COLLINS, COLORADO, a
municipal corporation (“Grantee”).
Recitals:
A.Grantor and Grantee entered into a Shared Parking and Access Easement Deed
and Agreement on May 29, 2014 and recorded with the Larimer County Clerk and Recorder’s on
August 28, 2014 at Reception No. 20140048657 (the “Agreement”). (Initially capitalized terms
not defined herein have the same meaning as in the Agreement); and
B.Grantor and Grantee have agreed to additional parking on the Property;
C.Grantor and Grantee desire to amend the Agreement in the manner and form
herein set forth.
NOW, THEREFORE, for good and valuable consideration, Grantor and Grantee hereby
agree as follows:
1.BRT Easement Tract. The BRT Easement Tract is expanded to include the 41
spaces depicted on Exhibit A attached hereto. The legal description for the BRT Easement Tract
is hereby amended as is now shown on Exhibit B attached hereto.
2.Parking Spaces. Paragraph 2 is amended to expand the number of Parking Spaces
to a total of 101.
3.Grantor’s Rights in Easement Area. Paragraph 4 is amended to reflect the
expansion of Parking Spaces and the minimum number of spaces is 101.
4.Full Force and Effect. Except as amended herein, all terms and conditions of the
Agreement shall continue in full force and effect. The Agreement is hereby ratified and affirmed
by the parties, and is binding upon the parties in accordance with its terms.
5.Counterparts. This Amendment may be executed in counterparts which when
taken together shall constitute one document.
IN WITNESS WHEREOF, the parties have executed this Amendment as of the day and
year first written above.
[SIGNATURE PAGES FOLLOW]
Page 2
GRANTOR:
DILLON COMPANIES, LLC, a
Kansas limited liability company
By:
Its:
Date:
STATE OF OHIO )
)ss.
___________ COUNTY )
The foregoing instrument was acknowledged before me this ____ day of
________, 2022, by _________________ as ___________________ of Dillon Companies, LLC,
a Kansas limited liability company.
Witness my hand and official seal.
My commission expires: __________
Notary Public
Page 3
GRANTEE:
THE CITY OF FORT COLLINS, COLORADO, a
Municipal corporation
By:
Its:
Date:
ATTEST:
City Clerk
APPROVED AS TO FORM:
Assistant City Attorney
STATE OF COLORADO )
)ss.
___________ COUNTY )
The foregoing instrument was acknowledged before me this ____ day of
________, 2022, by _________________ as ___________________ of the City of Fort Collins,
Colorado, a municipal corporation.
Witness my hand and official seal.
My commission expires: __________
Notary Public
Page 4
EXHIBIT A
BRT EASEMENT TRACT EXPANSION EXHIBIT
(SITE PLAN EXHIBIT)
Page 5
EXHIBIT B
BRT EASEMENT TRACT
(LEGAL DESCRIPTION – 101 SPACES)