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Home My WebLink AboutUNION PARK - FDP240004 - SUBMITTAL DOCUMENTS - ROUND 2 - EasementsRECEPTION #20240015972, 4/25/2024 10:56:18 AM, 1 of 5, $33.00 Electronically Recorded Tina Harris, Clerk & Recorder, Larimer County, CO PARTIAL VACATION AND AMENDMENT OF SERM EASEMENT AGREEMENT THIS PARTIAL VACATION AND AMENDMENT OF BERM EASEMENT AGREEMENT (this "Amendment") is made and effective as of this � day of ��, 2024 ("Effective Date"), by Jar Plus 3, LLC, a Colorado limited liability company ("JP3"). RECITALS A. The purpose of this Amendment is to reduce the size of the "Berm Easement Property" as described and depicted in E�chibit B of that certain Berm Easement Agreement recorded March 2, 2007 in the records of the Larimer County Clerk & Recorder's Office at reception number 20070016185 ("Berm Easement AgreemenY'), related to property generally located in the SE '/a of Section 32, Township 7 North, Range 68 West of the 6�' P.M., City of Fort Collins, Larimer County, State of Colorado. B. JP3 is the successor owner of the property ("JP3 Property") previously owned by LSI Logic Corporation, a Delaware corporation, which was the Grantor under the Berm Easement Agreement. Pursuant to Section 2.1.B of the Berm Easement Agreement, Grantor has the unilateral right to reduce the area of the Berm Easement Property, without the consent of the Grantee under the Berm Easement Agreement. C. JP3 is developing the property which includes the Berm Easement Property into a mixed- use residential and commercial development known as Union Park. The City of Fort Collins has approved the Union Park development, which requires or authorizes certain public and private structures within the area of the Berm Easement Property. D. JP3 has determined that the full Berm Easement Property is no longer necessary for the construction and maintenance of slopes, cuts and fills, and landscaping, nor for subjacent and lateral support of the Improvements on the adjacent Grantee's Property (as defined in the Berm Easement Agreement), and therefore that the Berm Easement Property shall be reduced to that property which is described and depicted in the attached Exhibit A(the "Revised Berm Easement Property"). NOW THEREFORE, in consideration of the promises contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties state the following: 1. Grantee Successors in Interest. The original Grantee under the Berm Easement Agreement was Front Range Retail Company, LLC, a Delaware limited liability company ("FRRC"). FRRC developed the Grantee's Property, which is now owned by FRRC successors in interest: RPT Realty, LP, a Delaware limited partnership ("RPT"), and RDF 247 Harmony Fort Collins CO, LLC, a Delaware limited liability company ("RDF"), and RGMZ Front Range Village OP 1 JP, LLC, a Colorado limited liability company ("RGMZ") and Target Corporation, a Minnesota corporation ("Target"). RPT, RDF, RGMZ, and Target are RECEPTION #20240015972, 4/25/2024 10:56:18 AM, 2 of 5, $33.00 Electronically Recorded Tina Harris, Clerk & Recorder, Larimer County, CO referred to herein collectively as `Basement Owners". The Grantee Property is currently owned as follows: a. RPT owns Lots 4, 6, and 8, and Tracts C and D, according to the plat of Front Range Village recorded March 2, 2007 at reception no. 20070016164. RPT also owns Lots 9,10, 12, and 13, and Tract E, according to the Front Range Village First Replat recorded September 4, 2007 at reception no. 20070067890. b. RDF owns Lot 7, according to the Front Range Village First Replat recorded September 4, 2007 at reception no. 20070067890. c. RGMZ owns Lot 5, according to the plat of Front Range Village recorded March 2, 2007 at reception no. 20070016164. d. Target owns Lot 11, according to the plat of Front Range Village recorded March 2, 2007 at reception no. 20070016164. 2. Partial Vacation of Easement. JP3 does hereby exercise its discretion and authority under Section 2.1.B to reduce the area of the Berm Easement Property to the area provided in the Revised Berm Easement Property, as described and depicted in Exhibit A. Upon recordation of this Amendment, the benefits and obligations of the Berm Easement Agreement shall accrue only to the Revised Berm Easement Property, and the original Berm Easement Agreement shall cease to affect title to the JP3 Property except to the extent included in the Revised Berm Easement Property. All that portion of the Berm Easement Property not included in the Revised Berm Easement Property shall be vacated, released, remised, extinguished, and of no force and efFect whatsoever. IN WITNESS WHEREOF, the undersigned has executed this Partial Vacation and Amendment of Berm Easement Agreement to be effective as of the date first-above written. JAR PLUS 3, LLC a Colorado limited liability company By:� "��,� r� Mike Rice, Manager STATE OF COLORADO COUNTY OF LARIMER ) ) ss. ) The foregoing instrument was acknowledged before me this day of , 2024, by Mike Rice as Manager of Jar Plus 3, LLC, a Colorado limited liability company. WITNESS my hand and official seal. _. �' ' _ �� ' � Notary Public '' �W TRACY E. PARKER NOTARY PUBLIC STATE iJF (;OLORADO NOTARY I� 19a14006477 MY 60MMiS�10lV EXPIRES MAY i3, 2027 My commission expires 2 RECEPTION #20240015972, 4/25/2024 10:56:18 AM, 3 of 5, $33.00 Electronically Recorded Tina Harris, Clerk & Recorder, Larimer County, CO EXHIBIT A TO PARTIAL VACATION AND AMENDMENT OF EASEMENT AGREEMENT Revised Berm Easement Property See Attached RECEPTION #20240015972, 4/25/2024 10:56:18 AM, 4 of 5, $33.00 Electronically Recorded Tina Harris, Clerk & Recorder, Larimer County, CO E7�IIBIT A PARCEL DESCRIPTION A tract of land, being part of that parcel as described in Special Warrauty Deed recorded December 22, 2021, as Reception No. 20210115407 of the Records of the Larimer County Clerk and Recorder, situate in the Southeast Quarter (SEl/4) of Section Thirty-two (32), Township Six North (T.6N.), Range Sixty-eight West (R.68W.) of the Sixth Principal Meridian (6th P.M.), City of Fort Collins, County of Larimer, State of Colorado and being more particularly described as follows: COMMENCING at the East Quarter Comer of said Section 32 and assuming the east line of said SEl/4 as bearing South 00°06'00" East, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/2011, a distance of 2,649.60 feet, monumented by a#6 rebar with 2.5" aluminum cap stamped LS 17497 at both ends and with all other bearings contained herein relative thereto; THENCE South 00°06'00" East, along the east line of said SE1/4, a distance of 8�7.52 feet; Tf�NCE South 89°54'O1" West a distance of 52.59 feet to the intersection of the West R.ight of Way {ROV� line of Ziegler Road and the South line of Reception No. 20210115407, and the POINT OF BEGINNING; THENCE South 89°54'29" West, along the south line of Reception No. 20210115407, a distance of 1,745.47 feet to the East line of Corbett Drive; THENCE North 00°16'S0" East, along said east line, a distance of 5.00 feet; TFiENCE North 89°54'29" East a distance of 1,745.44 feet to the West ROW line of Ziegler Road; THENCE South 00°06'00" East along said West ROW line a distance of 5.00 feet to the POINT OF BEGINNING. Said described parcel of land contains 8,727 Square Feet or 0.200 Acres, more or less (f). SURVEYORS STATEMENT I, Matthew A. Kramer, a Colorado Licensed Professional Land Surveyor, do hereby state that this Description was prepared under my personal supervision and checking, and that it is true and correct to the best of my knowledge and belief. ,,�. � `� 'a 3$844 r�,�1 °Co `� ��s�+{-19 �7AL ��`�, Matthew A. Kramer - on behalf of Maj estic Surveying, LLC Colorado Licensed Professional Land Surveyor #38844 ��q1 �pN� � �a . _ � �/ �� ., � 9A� �� i • . � �; ;:. _ s _._ .�_ .�.__.�:.... . .. . 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