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
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EXHIBIT
S89'U7'37"E
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(2�' Row)
TRACT A,
THE SECOND REPLA T OF
SCEN/C 19EW5, � U. D.
REC. NO. 9802726,3
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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
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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
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