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HomeMy WebLinkAboutPOLESTAR VILLAGE - FDP240010 - SUBMITTAL DOCUMENTS - ROUND 1 - Supporting Documentation (10)TEMPORARY CONSTRUCTION EASEMENT THIS TEMPORARY CONSTRUCTION EASEMENT ("Easement"), dated 2024 ("Effective Date") is entered into between the Saddle Ridge Commons Condominium Association ("Grantor") and Polestar Village Holdings, LLC ("Grantee"), whose address for purposes of this Easement is 850 S Overland Trail, # 15, Fort Collins, CO 80521. WHEREAS, as required by the City of Fort Collins ("Citv") related to Grantee's development effarts on adjacent property, Grantor desires to convey to Grantee, and Grantee desires to receive from Grantor, 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 speciiied 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, removing and replacing, in whole or in part, the existing weir and related 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 to excavate, fill and temporarily change 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 talce 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 eXpire two (2) years after the Effective Date, or upon the date which is sixty (60) days after the City's written acceptance of the completion of the Improvements constructed by Graniee, whichever is sooner, at which time Grantee's rights herein shall be of no further force or effect. Extensions of time, if any, tinder this Section shall be subject to negotiation and written memorialization by the parties. 4. Upon completion of construction activities, Grantee shall restore the grade of 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, or as otherwise required or approved by the City. Page 1 of 3 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, 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 sole 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. This Easement may be executed in any number of counterparts each of which when 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. GRANTOR: Saddle Ridge Commons Condominium Association By: Its: President NOTARY ACKNOWLEDGEMENT STATE OF COLORADO ) ) ss COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this day of 2024 by , as President of the Saddle Ridge Commons Condominium Association. My commission expires: Notary Public Page 2 of 3 EXHIBIT A to Temporary Construction Easement Legal Description of Easement Area [See attachedJ Page 3 of 3 EXHIBIT A PROPERTY DESCRIPTION � J R ENGINEERING TEMPORARY CONSTRUCTION EASEMENT A PARCEL OF LAND BElNG A PQRTION OF TRACT A, THE SECOND REPLAT OF SCENIC VIEWS, P.U.D., RECORDED UNDER RECEPTION NO. 98027263 IN THE RECORDS OF THE LARIMER COUNTY CLERK AND RECORDER, LOCATED IN NORTHWEST QUARTER OF SECTION 16, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF LARIMER, STATE OF COL4RAD0, BEING MORE PARTICULARLY DESCRIBED AS F�LL�WS: BASIS OF BEARINGS: THE SOUTH LINE OF THE NORTHWEST QUARTER OF SECTION 16, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, 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 "PLS 20123 1989" IN A RANGE BOX, BEARING S89''07'36"E AS REFERENCED TO COLORADO STATE PLANE NORTH ZONE. C�MMENCING AT THE WEST QUARTER CORNER �F SECTION 16, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH P.M. THENCE N41°33'05"E A DISTANCE OF 1,177.18 FEET, TO A POINT ON THE EASTERLY LINE OF TRACT A, THE SEC�ND REPLAT OF SCENIC VIEWS, P.U.D. RECORDED UNDER RECEPTION N(�. 98027263 IN THE RECOROS OF THE LARIMER COUNTY CLERK AND RECORDER AND THE POINT OF BEGENNING; THENCE DEPARTING SAID EASTERLY LINE, S89°59'32"W A DISTANCE OF 50.00 FEET; THENCE ON A LINE BEING 50.00 FEET WESTERLY OF AND PARALLEL WITH SAID EASTERLY LINE, N00°00'28"W A DISTANCE OF 40d.77 FEET, TO A POINT ON THE NORTHERLY LINE OF SAID TRACT A; THENCE ON SAID NORTHERLY LINE, S89°07'37"E A DISTANCE OF 50.01 FEET, TO THE NORTHEASTERLY CORNER OF SAID TRACT A; THENCE ON THE EASTERLY LINE OF SAID TRACT A, S00°00'28"E A DISTANCE OF 400.00 FEET, TO THE POINT OF BEGINNING. CONTAINING A CALCULATED AREA OF 20,019 SQUARE FEET OR 0.4596 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 EXHIBIT WERE PREPARED UNDER MY RESPONSIBLE CHARGE, AND ON THE BASIS OF MY KNOWLEDGE, INFORMATION AND BELIEF, ARE CORRECT. �T�� DEREK LEE VAGIAS, PROFESSIONAL LAND SURVEYOR COLORADO NO. 38578 FOR AND ON BEHALF OFJR ENGfNEERING, LLC 7?00 S Aiton Way Suve Cd00, Ctntennial. CO R01 t2 303JJ0•9J93 • Fas 303 721-9019 • www.jrenginrering.cam 5/10/2024 X:\3970000.a11\39797011WordtiLega's�3979701 �X-TCE.docx --`�?'�o� E• l cF,. �\' ��`� � i-- - � 5� � • 385T8 � : � �• �o �. s �,d =���w ����NAL L AN� SJ� SHEET 1 OF 2 EXHIBIT S89'U7'37"E 50.01' 1— W ORCHARD PL � (2�' Row) TRACT A, THE SECOND REPLA T OF SCEN/C 19EW5, � U. D. REC. NO. 9802726,3 i� � 0 g 3 . ao N O Q O O Z 0 Q 0 g w . ao N t7 Q O O N 1�'' � —� al� , � �. . _ � � � ,��� . . .c \ = �� `'- .` . � �' � ' 1� i ='_ � � `_.�+��� UNPLA TTED GENERAL W�4RRANTY DEED REC. NO. 20210012436 POINT OF BEGINNING /N4133'OS"E \ % 1177.18' � l - � -- S89'S9'32"W /r .' ����� 50.00� i �' `. i �' ��� ; i� POINT OF COMMENCEMENT `�'� '' I ! W1/4 COR. SEC. 16 `' � � RECOVFRED ,3-1/4" ALUM/NUM CAP �� I i STAMPED: PLS 20123 1987 BAS/S OF BEAR/N6S /N A RANGE BOX 5; �/NE NN�'I/4 SEC. 16, T7N, R69W, 6TN P.M. S89 07',36'E 2590.83' ~ iao 5a a iaa ORIGINAL SCALE: 1" = 100' NOTE: THIS EXWIBIT DOES NOT REPRESENT A MONUMENTEO SURVEY. IT 1S fNTENDED ONLY TO DEPiCT THE ATTACHED PROPERTY DESCRIPTI4N. TEMPORARY CONSTRUCTION EASEMENT POLESTAR PROJECT NO.: 39797.01 DATE: �5/10/2024 Cl/4 COR. SEC. 16 RECDE/ERED .3" ALUM/NUM CAP STAMPED.• PLS 20123 1989 /N A RANGE BOX � J•�t �nvas�rrG � w.�+,� c���y SHEET: 2 OF 2 CaManYal 303-7�U-90BD • Cdaaeo 5�ri+pa 7e--dB(�2590 r•at cahs e�o-��eeae •