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Home My WebLink AboutSCHOOLSIDE PARK - BDR240009 - SUBMITTAL DOCUMENTS - ROUND 1 - Supporting Documentation (4)RECEPTION #20240007116, 2/26/2024 4:41:13 PM, 1 of 9, $53.00 Electronically Recorded Tina Harris, Clerk & Recorder, Larimer County, CO DocuSign Envelope ID: 40FOEBD2-8F00-42D5-A09B-4080373E1141 EASEMENT (Public Sidewalk/Multi-Use Trail) Grantor: Kechter Crassing Hameowners Assaciation, Inc., a Calorado non�profit corporation Grantar Signing AuthQrity and Title: Wendy �prague, l�resident Grantor Maiiing Address: 20l E. 4t" Street #130, Loveland, CQ 80537 Grantor Phone Num�erl�mail: S7rt -27S-8�L2�4 I brid��-1$4'7��z�;��-na�l.c�n� GrsntEe: City of F'ort Collins, Colorad�, a municipal corporation Grantee Signing Authority and Tit�e: Kelly DiMar-tino, City Manager Grantee Mailing Address: P.O. Box 5$0, Fort Collins, Colorada 84522 Grantee Phane NumberlErnail: 970-221-5211 I�•e�1�;5tateseruice��'c�fc�ov.cc�� Effective Date; �'ebruary 16, 2024 Easement Improvements: Public SidewalklMulti-Us� Trail and related improvements, including the bridge str�cture (the `Bridge"} crossing Mail Creek Ditch Cansideration: $10 and other good and valuable consideration Exhibit A-I�arger Farcel Description: 1 page(s) Exhibit B-Easeme�# Area Legal Description: 2 page(s) E�hibit C-Easement Area Depiction: 1 page{s) This EASEMENT WITH TERMS AND CONDYTIONS {the "Conv�yance") is made and entered inta an th� Effective Date by and between Grantor and Graratee. 1. Grantor's Property. Grantor is the owner of that c�rtain parcel of real property located in �,arimer County, Colorado, which is described on Exhibit A, attached ta and made a part of tltis Conveyance (the "Larger Parcel"). 2. Grant of Easetx�ent. For and in consideration af the covenants and agreements herein set forth, ihe sum of the Consideration and �ther gaad and �a[uable consid�rataora, the receipt and adequacy of wh�ch Grantor acknQwledges, Grantor grants, sells, and conveys to Grantee, its successors �nd assigns, a perpetual, non�exclusive easement (the "Easemer�t") or�, over, under, and across that certain portion of the Larger �arcel cfescribed more fully on Exhibit B a�td as generaily d�pictec! on Exhibit C, both being attached to and made a part of th is Conveyance {the "Easement Area"), subject ta the conditions and restrictions set forth below. Th� Easement includes the right of pedestrian ingress and egress to t�e Easement Area and the right to instaIl, maintain, and use gates in all fences that cross the Easement Area now or in the future. 3. Purpose and Use of Easement. A. Grantee may use the Easement to instalf, operate, maintain, repair, reconstruct, relacate, improve, en]arge, rep�ace, inspect, and remove, at any time and from time ta time, the Easement Improvements. The par�ies acknowledge and agree that the Easement lmpravements Will be used by th� general public as sidewalks, public trails, and/ar other public rights-of-way for multi-modaE forms of transportation, and that Grantee Easement (Public Sidewa]klMulti-Use Trail)—Grantor Maintena�ce Form Version 2023 Page 1 of 9 RECEPTION #20240007116, 2/26/2024 4:41:13 PM, 2 of 9, $53.00 Electronically Recorded Tina Harris, Clerk & Recorder, Larimer County, CO DocuSign Envelope ID: 40FOEBD2-8F00-42D5-A09B-4080373E1141 shall have the exclusive right to authorize and restrict the modes of transportatian permi#ted an the Easement Improveiments. B. Grantee may use the Easernent for the foilowing tecnporary activiti�s related to the Project: • Consiruction activities; • Markin� the locataon of the Ease�nent Area by suitable maricers set in the ground; • Storage and staging af materials and equipment; and • Installation of fencing and gates far security and safety purposes. C. Grantee shall have tl�e perpetual ri�ht of re�sonable in�ress and �gress in, an, or over the Larger Parcel to temporarily access the Easement Area for construction, rnaint�nance, repair, ar replacement of the Easement I�r�provernents (the "Access Easemeni"). The Access Easement shall be limited to the reasonable means necessary to provide access ta the �asement Area, and Grantee shall, to the extent reasonably practicable, us� existing streets, roads, or other facilities to avoid any unnecessary disruption of Grantor's use and possession of the Larger Parc�l. D. Except for the Access Easement, the pariies acknowled�e and agree that this A�r�ement does not alter any ri�hts, duties, ar obligations afthe parties insofar as they pertain to any prop�rty located outside of the Easement Area, including parkways. 4. Grantor's Ri�hts in E�sement Area. A. Grantor reserves the righY to use the Easerrient Area for purposes that will not interfere with Grantee's full enjoyment of the rights hereby �rantecE or that interfere with the public's use of the Easeinent lmproveir►ents. Without the Grantee's prior written conser�t, Grantor will not: • Erect or construct any structure or improvement; • Drill or operate any well; • Construct any reservair, impoundment, or other obstruction, � Install or plant any trees or woody shrubs; � Ckaange the ground level ir� the Easement Area; or • Otherwise irnprove the Easeme�lt Area. B. Grantar will not d�posit, or permit, or aflow to be deposifecl, earth, rubbish, debris, or any ather substance or inaterial, whether combustible ar noncoEnbustible, on the Easement Area, insofar as any such substance may interfere with the rights of Grantee in the Easement Area or interfere vvith Grantee's or the public's use of the Easement lrnpr�v�ments. �asement (Public SidewalklMulti-Use Trail)-�Grantor Maintenance Forn� Version 2D23 Page 2 of 9 RECEPTION #20240007116, 2/26/2024 4:41:13 PM, 3 of 9, $53.00 Electronically Recorded Tina Harris, Clerk & Recorder, Larimer County, CO DocuSign Envelope ID: 40FOEBD2-8F00-42D5-A09B-4080373E1141 Maint�nan�� of the Easement Area. A. Grantee sha�l b� respansible for �ny conditinns directly caused by Grantee's use and occupancy ofthe Easement Area, and Grantee shal� be responsible for all maintenan�e and repairs of the Bridge. B. Grantor shall be responsible for any conditions direct�y caused by Grantor's use and occupancy of the Easement Area, and Grantor shall be responsible far all maintenance and repairs ofthe EasemenY Improverne�lts, except th� Bridge. C. Grantor will maintain the surface of the Easement Area and the Easement I�nprove�nents, except the Bridge, in a sanitary condition and in compiiance with any applicabEe weed, nuisance, or other legal requirements, which shall inclUde snow removal, remo�al of trash, refuse, and debris, mowing, weed managernent, repair and clean-up of any vandalism or other damag�s, a�-�d [ceeping Yhe Easement Area free of hazards and dangerous conditions. 6. RepreSentations pf Grant�r. A. Grantor states that it is the lawful owner in fee simple of the Lar�er Parce�, including the Easeinent Area; that it has goad and lawful right and authQrity to grant, sell, and canvey the Easement Area or any part thereof; and that it will warrant the title of the Easement Area. B. Grantor represe�lts and warrants that the beneficiary of any deed of trust, mortgage, lien, or ather obEigatidn secured b�r an interest in the Easement Area has consented to and subordinated its interest in the Easement Area to this Conveyance. In the event the requirements of this Paragraph 6(B) ha�e not been �net prior to the Effective Date, Grantor shal] ha�e an additional reasonable time to coinply with said paragraph, which shall nat exceed six {6} inonths froi�n the Effective Date. 7. Additio��a] Terms and Canditions. Whenever used herein, the singular number includes the plural, the piural the singular, and the use of any ge�tder is applicable to al� genders. AII of tk�e covenants herein confained are binding upon a�ld i�lure to the benefit of th� parties heretd, their person�l represeiytatives, suc�essars, and assigns. If any term of this Conveyance is determined by any court to be unenforceable, the other tenns of this Conveyance shall nonetheless remain in full force and effect; pro�ided, hor�vever, that if tl�e severance of any such pravision materially alters the rights or obligations of the parties, the parties shall en�age in good faith ne�otiattons i�1 order ta adopt mutually agreeab�e amendments to this Conveyance as may be nec�ssa�y to restore the parties as closely as possible to the initially agreed upon relative rights and obligatians. 8. Authority. Each person executing this Conveyance represents and warrants that he t�r she is duly authorized to execute this Conveyance in his or her individual or representative capacity as indicated. �:asement (Public SidewalklMulti-Use '1'rai])—Grantor Maintenance rorm Version 2023 Page 3 of 9 RECEPTION #20240007116, 2/26/2024 4:41:13 PM, 4 of 9, $53.00 Electronically Recorded Tina Harris, Clerk & Recorder, Larimer County, CO DocuSign Envelope ID: 40FOEBD2-8F00-42D5-A09B-4080373E1141 9. Final Agreeinent. This Conveya��ce constitutes the entire agreement between Grantor and Granfee with respect to the subjecf mat�er hereof and supersede� al] prior writteu or oral agreements between Grantor and Grantee with respect thereto. 1 n. Consideration. The parties agree that the amount of money and other consideration set forth in this Conveyance is full and complete consid�ration for the Easement, including any i�npro�ements and dama�es of any kind whatsoever. 11. Restoration. Follawing installation of the Easement Improvements and followit�� any subsequent work by Grant�e in the Easement Area, Grantee will make such repairs ar take such ather action as may be necessary to restore the Easeinent Area (excludin� the Easement Improvements) ta a conditiora corziparable to its conditio�l as of the Effectiue Date, including but not iimited to the r�seedin� and r�plantin� of ��1y disturbed areas, corr�etion of any subsidence, and restoration of any other improvements or conditions impacted by Grantee's activities. l2. Liability. The following provisions shall apply to the acts and omissions af the parties, insofar as they concern the Easement Area: A. �ach party shall be responsible far its own negligent or reckless actions or omissions of such party, including such actions or ornissians of its agents and contractors. �. Grantee hereby releases Grantor from any c�aim for p�rsonal injury or property damage arising ou� of t11e use af the Easement Area to the extent such injuries or damages are not caused by the actions �e omissions of the Grantor, its a�ents, cantracta�-s, ]icensees, and az�vitees. G Nothin� herein is intended by either party as a waiver of the provisions and pratections of the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as now in effect or hereafter ainended (the "CGIA"). 13. Insurance. Upon Grantor's written request, Grantee shall provide Grantor sufficient documentation eviden�ing that the Gra�Ytee has insurance sufficient to cover possible exposure under the monetary limitations of the CGIA, as such amouilts may be adjusted frorn time �o tiine. IN WITNESS 'VVHEREOF, the parties have set their hands and se�Is the day and year �rst written belo�. (Sig�rat�ures on the follo��r.'ng page(.s%] Easement (Public Side.��a1k/Multr-Use Trai])�rantor M�rntenance Form Version 2023 p�ge 4 of 9 RECEPTION #20240007116, 2/26/2024 4:41:13 PM, 5 of 9, $53.00 Electronically Recorded Tina Harris, Clerk & Recorder, Larimer County, CO DocuSign Envelope ID: 40FOEBD2-8F00-42D5-A09B-4080373E1141 GRANTOR: � � � Date STATE OF COLORADO COLJNTY O� �-�-m�� ) ) ss Signature ignin Auth ' The foregoing instrument was acknowledged before �x�e this �day of '� �.� � 2Q24, by Wendy Sprague, as Presideni of Kechter Crossing Homeowners �lssociation, nc., a Colorada non-pro�t corporation. Witness my hand and officia] seal. My Commission expires: `� �-� _� � ' ' '�`� • + ■ "j � � ■ r . r � ` / ��j �/' # ' "'' � 1' i11• � i .. a. f ! . 2/26/2024 Date A l 1 L�7T: DocuSigned by: �,�c iE'• ,�. �� Ei4��4 r� Zig... Rita R Knoll (�rint Name, Tiile) ��' s� � _ :� _ N ary Public ACCEPTED BY GRANTEE: DocuSigned by: � ��Y �l�l�l�' ( l� e�ea�a�-rr� Kelly DiM�rtino, City Manager DocuSigned by: p4Faa, �o y:. .:?r� �' SEAL �! ��LO P90 Chief Deputy City Clerk APAROVED AS TO FORM: DocuSigned 6y: �� Assistant Ciiy Attarney Ryan Malarky {Prin� Name) Ease�nerlt (Public SidewalklMulti-Use Trail�Grantor Maintenance Form Vcrsion 2023 Page 5 pf 9 RECEPTION #20240007116, 2/26/2024 4:41:13 PM, 6 of 9, $53.00 Electronically Recorded Tina Harris, Clerk & Recorder, Larimer County, CO DocuSign Envelope ID: 40FOEBD2-8F00-42D5-A09B-4080373E1141 Exhibi# A Larger Parcel Description (Page 1 �f I ) Larger FarCel Description: Outlots A, I, and J, of Mail Creek Crossing PLD dated Decernber 24, 2013, recordec! at Reception No. 20l 3009�2$A�, Clerk and Recarder's Records, Larimer County, Colorado, located i�� S/2 NW/4 of Section $, T6N, R68W, 6`�' PM, Larimet� Caunty, Colorado. Location Address: Vacant land located in the S/2 NW/4 af SectioEi $, T�N, Rb8W, 6t�' PM, Lariiner CoUnty, CO Assessor Parcei Number: NIA Map: Page 6 of 9 RECEPTION #20240007116, 2/26/2024 4:41:13 PM, 7 of 9, $53.00 Electronically Recorded Tina Harris, Clerk & Recorder, Larimer County, CO DocuSign Envelope ID: 40FOEBD2-8F00-42D5-A09B-4080373E1141 Exhibit B Easement Area L�gal Description (Page 1 of 2) DESCRIpTION OF AN EASEMENT TO BE CONVEYED TO THE CITY OF FORT COLLINS TWO TRACTS OF LAND TO BE CONV�YED AS AN �ASEMENT, LOCATED IN THE NORTHW�ST C�UAR`�ER S�CTION $, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE SIXTH P.M.; CITY OF FORT COLLINS, CQUNTY OF LARIMER, STATE O�' COLORADO: 7RACT 1: ALL O� OUTLOT I, MAIL CFiEEK CR4SSING PLD AS SH�WN �N THE PLAT THER�OF, RECORD�D DEC. 30, 2013 AT RECEPTiON NO. 20130093284 IN THE OFFIC� OF THE �ARIMER COUNTY CLERK AND RECORD�R; TRACT 2: A PORTION OF OUTLOT J OF SAID MAIL CREEK CROSSING PLD, BEING MORE PARTICULARLY DESCRIBED AS F��LOWS: COMM�NCING AT THE NORTH 1/16TH COI�N�R OF SECTIONS � AND 8, AND GONS�QERING THE W�ST LiNE OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAfD SECTION 8 TO BEAR SO°00'47"E, SAlD LINE BEiNG MONUMENTED ON BOTN ENDS BY A 3-1/4" ALUMINUM CAF' STAMPED LS 34995, �ASED UPpN GPS OBSERVATIONS AN� TH� CITY OF FORT COLLINS COORDlNATE SYST�M, WITN A�� BEARINGS CONTAINED HEREIN RELATIVE THEI��TO; TH�NCE ALONG THE NORTH LINE OF 7HE SOUTH 1/2 QF TNE NORTHWEST 114 �F SAlD SECTION S, N89°38'45"�, A DISTANCE OF 204.52 FEET (RECORD 204.$1 FEET} TO THE W�STERNMOST POINT OF OUTLOT A OF SAID MAlL CREEK CROSSING PLD; THENCE ALONG THE S�UTHWESTER�Y LINE OF SAlD �UTL07 A, TH� �OL�OWING EIGHT (8) COIJFiS�S: 1. 545�24'34"E, A DISTANCE OF 62.71 FE�T (RECORD 62.50 FEET); 2. S36°47'1�"�, A pISTANCE O� iO4.00 FEET; 3. S42°23b2"E, A DIS7ANCE OF 223.00 FEET; 4. S�i3°30`31 "E, A D15TANCE OF 82.00 FEET; 5. S56°�6'26"E, A DISTANCE OF 80.00 ��ET; 6. 557°�$'S6"E, A DISTANCE OF 104.00 FEE7, 7. 567�14'22"E, A DISTANCE OF 70.00 FEET; 8. S7Q�54'S2"�, A �ISi"ANCE OF 143.00 FEET; THENCE ALONG SAID SOUTHWEST�R�Y LiNE UF OUTLOT A, AND ALONG THE SOUTHWEST�RLY L�NE OF OUTLOT I, S48°Q2'39"E, A DfS7ANCE OF 18.44 F�ET TO THE WESTERNMOST POINT OF SAID TRACT J, SAI� POINT BE]NG `�HE POINT t�F BEGINNING; 7HENCE ALQNG THE NORTHW�S7ERL.Y �INE OF SAID TRACT J, N29°56'i7"E, A DISTANC� OF 5$.32 FEET; TN�NCE ALONG TH� NORTHEASTERLY LlNE QF SAID TRACT J, S46°55'47"E, A DISTANC� O� �7.42 F��T; THENCE S42°48'2� "W, A DISTANCE OF 65.93 FE�T TQ A POfNT �N TH� SOUTHWES��RLY LIN� OF SAID TRACT J; THENCE ALONG 5Alp SOUTHWESTERLY L1NE, THE FOLLOWING THR�E COURSES: 1. N48°02'46"W, A piSTANCE OF 28.72 F�ET; Page 7 af 9 RECEPTION #20240007116, 2/26/2024 4:41:13 PM, 8 of 9, $53.00 Electronically Recorded Tina Harris, Clerk & Recorder, Larimer County, CO DocuSign Envelope ID: 40FOEBD2-8F00-42D5-A09B-4080373E1141 2. N41 °57'21 "E, A DISTANCE �F 10.00 �EET; 3. N48°fl2'39"W, A DISTANCE OF 15.5G FEET TO THE POINT OF BEGINNING. THE TWQ TRAGTS CONTAIN A TOTAL O� 5,432 SQUARE FEET (0.125 ACRES), MpRE OR LESS, AND ARE SUBJECT 70 ALL �AS�MLNTS AN� RfGHTS-OF-WAY OF RECORD OR THAT NQW EXlST ON THE GROUND. I HEREBY S�ATE THAT THE AB�VE DESCRIPTfON WA5 PREPARED BY ME AND IS TRUE AND CORR�CT TO TH� BEST OF MY F'ROFESSfONAL KN . EDG�, BELIEF, AND OPINION. { �p. ��U��rh _a+� . JOHN STEVEN VON NIEDA, COLORADO P.L.S. 3�1fi9 FOR AND �N B�HALF OF THE CfTY OF �O�Y COLLINS P.O. BOX 580, FORT COLLINS, CO 80522 � 3�1�� A � �° '' o �o��.�I-�3 -Za.�'' `�ss��N�iG Lre�n�JJ� Parks & RecreationlMASL CREEK 7FiAILIMAEL GREEK -TiMSE�iLINE TO SPINDL�BUSH LAN�1Legals Page 8 of 9 RECEPTION #20240007116, 2/26/2024 4:41:13 PM, 9 of 9, $53.00 Electronically Recorded Tina Harris, Clerk & Recorder, Larimer County, CO DocuSign Envelope ID: 40FOEBD2-8F00-42D5-A09B-4080373E1141 S:�Engineering�DepartmentslSurvey�Projects�Parks & Reueation�MqlL CAEEK 7RAll1MAiL CRE�K -TIM6ERLINE TO SP[N�L@BUSH LANE�Design�MAIL CREEK �RST OF TIMBERLINE�C3D�Mail Ck Treil 6oundary.dwg ��X�R�1C2 �ox,�� m��mm �D� I �?_ ZOZ Z Z � N� z� Nn-1�➢+T�(n xo2z�a m �O o��m�=rn r*tqr�* mm— mx�Z�"'��z m��o�� iz�� 0 o z� 1 � p d � O C=�VY � � C�'1 k � UI p zyCpG� �� n � Z � � _ +��m��n � oZm�z� A �- �Z�� m�m�� z_o� ��z TC7Z� �'��n � � 9 Z O C m � � � il� � cn O � . 4 N � N C,J Exhibit C Easem�nt Ar�a Depictzon {Page 1 of 1) r � g — — — SO'QO'47"E 1307.57' � � (BASIS OF BEARINGS) [,J cd � � I � �' � o "� r Z 3, . r � Z � r � N � m Z � n = , � � Z z r a o�� o cn n r� �� r—� N V ZJl � d � � � c° �' � D �� W � � r+i W � o p � m � � � � frl � � . 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