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Home My WebLink AboutPOLESTAR VILLAGE - FDP240010 - SUBMITTAL DOCUMENTS - ROUND 1 - Supporting Documentation (8)TEMPORARY CONSTRUCTION EASEMENT THIS TEMPORARY CONSTRUCTION EASEMENT dated for reference purposes only as of November 1, 2023 ("Easement"), is entered into between the Ronald J. Albracht ("Grantor") and Polestar Village Holdin�;s, Inc. ("Grantee"), whose address for purposes of this Easement is 1942 Broadway Ste 314C, Boulder, CO 80302. WHEREAS, Grantee needs to acquire a Temporary Construction Easement across certain real property owned by Grantor, described in Exhibit A attached hereto and incorporated herein ("Easement Area"), for the purpose specified herein, on the terms and conditions set forth herein. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor and Grantee hereby agree as follows: 1. Grantor hereby sells, grants and conveys to Grantee a Temporary Construction Easement in, on, over, under, across and through the Easement Area, as more particularly described on Exhibit A for the purpose of surveying, testing, sampling, grading, excavating, removal of trees and vegetation, remediation, restoration, revegetation, installing, constructing, reconstructing, replacing and/or removing drainage and stormwater facilities, and related appurtenances ("Improvements") on Grantor's real property in the City of Fort Collins, Larimer County, Colorado. Grantee also shall have the right tQ excavate, fill and chanbe the grade of the Easement Area, install environmental and erosion control measures, move, place and store materials, fill, equipment and any other items related to the purposes set forth herein on, over, under, across and through the Easement Area and to undertake any other activity reasonably related to the construction contemplated by this Easement or the Improvements. 2. The Grantee, its agents, successors and permitted assigns, shall have and exercise the right of ingress and egress in, on, to, through, over, under and across the Easement Area, for any purpose necessary for the construction of the Improvements. 3. The term of this Easement shall take effect upon mutual execution of this instrument, but Grantee shall not exercise its rights herein unless Grantee provides Grantor written notice of no less than ten (10) days prior to entry. The temporary rights granted herein shall remain available for Grantee's use for a period of no more than five (5) years, or upon the completion of the Grantee's drainage improvements in the Easement Area, whichever is sooner, at which time Grantee's rights herein shall expire and be of no force or effect. Extensions of time, if any, under this Section shall be subject to negotiation and written memorialization by the parties. 4. Upon completion of construction activities, Grantee shall restore the Easement Area to as near a condition as it was in prior to the commencement of Grantee's activities pursuant to this Easement as is reasonably practicable. Grantee shall properly backfill all trenches using original surface soil as much as is feasible. 5. Upon expiration of the ten-day notice period described in section 3 above, Grantor, for itself and its successors and assigns, shall have no right to access the Easement Area for any reason until such time as this Easement expires or is terminated by Grantee as provided herein, Page 1 of 2 whichever occurs first. In the event Grantor violates the provisions of this Easement, Grantor shall correct such violation immediately upon the receipt of written notice of such violation from Grantee and, in the event Grantor fails or refuses to correct such violation, Grantee may do so immediately at the sule expense of Grantor. Grantor further agrees that it will not, in any manner, interfere with the purposes for which this Easement is conveyed. 6. Each party shall be entitled to all remedies at law or in equity for the enforcement of this Easement. 7. The benefits and burdens of this Easement are covenants that touch, concern and run with the land and shall inure to the benefit of, and be binding on, the respective heirs, representatives, successors and assigns of the Grantor and Grantee. 8. The Grantor warrants that it is the owner of the subject property in fee simple and has authority to grant the Easement to Grantee. 9. Th:s Easement may be executed in any number of counterparts each of which wher. so executed shall be deemed to be an original and all of which taken together shall constitute one and the same Easement. EXECUTED as of the date first set forth above. GRIINTOR: _,.- __��"� -------- By: Ronald J. Albracht � NOTARY ACKNOWLEDGEMENT STATE OF CD�.�) ) ss COUNTY OF L��j3_]��) The foregoing instrument was acknowledged before me this �j,day of �` 202�by Ronald J. Albracht. My address is: No ry Public My commission expires: �� o�o� SHELLY WELSH NOTARY PUBLIC STATE OF COLORADO Page 2 of 2 NOTARY ID 19944009817 MY COMMISSION EXPIRES JUNE 30, 202fi � y��'�..d J R ENGINEERING PROPERTY DESCRiPTION TEMPOR,�►RY COf�STRUCTlO� EI�,SEMEi�T - LOl" 2�i A PARCEL OF LAND BEING A PORTION OF LOT 21, MOUNTAIRE SUBDIVISION RECORDED IN BOOK 1770 AT PAGE 599 IN THE RECORDS OF THE LARIMER COUNTY CLERK AND RECORDER, LOCATED IN NORTHWEST QUARTER C)F SECTION 16, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERlDIAN, CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: B�SIS OF �EARINGS: THE SOUTH LINE OF THE NORTHWEST QUARTER OF SECTION 16, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MER{DIAN, BEING MONUMENTED AT THE WEST END BY A 3-1/4" ALUMINUM CAP STAMPED "PLS 20123 1987" IN A RANGE BOX AND AT THE EAST END BY A 3" ALUMINUM CAP STAMPED "PL5 20123 1989" IN A RANGE BOX, BEARING S89°07'36" AS REFERENCED TO COLORADO STATE PLANE NaRTH ZONE. COMMENCING AT THE WEST QUARTER CORNER OF SECTION 16, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERiDIAN; THENCE N58°Q8'42"E A DISTANCE OF 2,038.41 FEET, TO THE NORTHWESTERLY CORNER OF LOT 21, MOUNTAIRE SUBDIVISION, REC�RDED IN BOOK 1770 AT PAGE 599 IN THE RECORDS OF THE LARIMER COUNTY CLERK AND RECORDER AND THE POlNT OF BEGINNING; THENCE ON THE NORTHERLY LINE OF SAID LOT 21, S89°59'08"E A DISTANCE OF 68.70 FEET, TO THE EASTERLY LINE OF SAID LOT 21, AND A POINT OF NON-TANGENT CURVE; THENCE ON SAID EASTERLY LINE, ON THE ARC OF A CURVE TO THE RIGHT WHOSE CENTER BEARS S70°50'52"W, HAViNG A RADIUS OF 185.10 FEET, A CENTRAL ANGLE OF 09°35'S0" AND AN ARC LENGTH OF 31.00 FEET, TO A POINT OF NON-TANGENT; THENCE DEPARTING SAID EASTERLY LINE, N89°59'08"W A DISTANCE OF 76.00 FEET, TO THE WESTERLY LINE OF SAID LOT 21; THENCE ON SAID WESTERL`� LINE, N00°42'38"W A DISTANCE OF 30.00 FEET, TO THE POINT OF BEGiNNING. CONTAINING A CALCULATED AREA OF 2,184 SQUARE FEET OR 0.0501 ACRES. PROPERTY DESCRIPTION STATEMENT I, DEREK LEE VAGIAS, A PROFESSIONAL LAND SURVEYOR LICENSED IN THE STATE OF COLORADO, DO HEREBY STATE THAT THE ABOVE PROPERTY DESCRIPTION AND ATTACHED EkHIBIT WERE PREPARED UNDER MY RESPONSIBLE CHARGE, AND ON THE BASIS OF MY KNOWLEDGE, INFORMATION AND BELIEF, ARE CORRECT. -----�-� � ':,1��P��EE'/CF; � „ DEREK LEE VAGIAS, PROFESSIONAL LAND SURVEYOR "��. ��- .� �`r�;�' � COLORADO NO. 38578 � � - •� � ` ' • 38578 ' � FOR AND ON BEHALF OF JR ENGINEERING, LLC 4;'; o• r�: o�;;� �. .�, //-� � , �, � .,� 7200 S Alto� Way. Suite C400. Centennial. CO SO] 12 �; ��` ' J. . 303-740-9393 . Fas: 30?-721-9019 • a•ww,jrengineering.com ;_ ; rC j • , • �S� %�i� 11/S/2022 X:\3970000.a11\3979701\Word\LegaIs13979701LX-TE-Lot21.docx ''-GNA(� �, �C�v,-';�' SHEETI OF2 ,��°o � �� f.f' ��•� � ?� ; � v �p'; � �i � � 38578 ' ��y \ �\` LOi 19 I 10' UTIL/TY _ EASEMENT \ POINT OF BEGINNIR�G \ Lor 2a �, NORTHWESTERLY -� \\ � `, �'' � • • o � — CORNER OF LOT 21 � o�..lj 8.y2 .��, a�-- ��/�vAL LAN�•S�4L ��' ,�� - 20' ORA/NAGE ��' S8 689�08"E - - -- `� EASEMENT � /� � — \ �. .' �� t�00'42'36"1N J NWl/4, SEC. 16, . \ ,��• 30.00' T7N, R69W, 6TH P.M. � ` ' SPEC/AL W,4RRANTY DEED I %�// L D T 22 2' W�R! � 5��5�� ' \ -��' 1 — — — —� N89'59'08"W 76.00�� LOT 21 I 1�9'35�50" R=185.10� L=31.00' � J J � � REC. NO. 20210108962 ,' � ' , -� � MOUNTA/RE SUBOl �/S/ON ' BODK 1770, PAGE 599 6' UiILITY � i �� LOT 23 � EASEMENT � "� � , \ J � �- � ',�i �� ' �/ � ��_ �o' uri�irr �r � EASEM'ENT ;i � -- i i I i i i i , i ( LOT 24 i i IDc �i `��j� � , �, , � �: 0� k� ,' � � , I � t��;�' �' i j ; i i � �� i � POINT OF COMMENCEMENT i W1/4 COR. SEC.16, T7N, R69W i , � ,.3-1/4 " AL UM/NUM CAP � STAMPED: PLS 20123 1987 � / /N A RANGE BOX // � ✓AERGER CT � � \ .� `� : � � , � � \ � �' / � LOT 25 �- - - - BASIS OF BEARINGS � i'� SOUTH //N� .Nw�/a c��;>� W EL/ZAfETH ,5'r �'� S89 0736'E 259.0. R i' NOTE: EXISTING EASEMENTS ARE PER PLAT OF MOUNTAIRE SUBDIVIS�ON. NOTE: THIS EXHIBIT DOES NOT REPRESENT A MONUMENTED SURVEY. �T IS INTENDED ONLY TO DEPICT THE ATTACHED PROPERTY DESCRIPTION. TEMPORARY CONSTRUCTION POLESTAR PROJECT NO.: 39797.01 DATE: 11 /$/2022 EASEMENT-LOT 21 SHEET: 2 OF 2 �, Cl/4 COR. SEC.16, T7N, R69W 3" AL UMINUM CAP _ STAMPED: PL S 2012,3 1989 ��. /N A RANGE BOX — — — — — — �) 50 25 0 50 '--,�� .=�� ORIGINAL SCALE: 1" = 50' �� J•R ENGIIVHERING A Westrian Company c,�aarri� 3ot�aao-�c�o • cdaado �ri�s ��-�sc�-2�o Fat Cairs 970-�49}-9886 • wnvx�rx�rmair��m