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Home My WebLink AboutSCHOOLSIDE PARK - BDR240009 - SUBMITTAL DOCUMENTS - ROUND 2 - Easements (3) RECEPTION#20240007117, 2/26/2024 4:48:07 PM,1 of 9,$53.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO DocuSign Envelope ID: 190D5375-8090-4BF1-824F-68663AE91BF0 TRAIL EASEMENT DEED AND AGREEMENT THIS TRAII, EASEMENT DEED AND AGREEMENT ("Agreement"), dated effective z/z6/zoz4 (the"Effective Date"), by and between Poudre School District R-1, a statutory Colorado school district(the "District"), and the City of Fort Collins, a Colorado municipal corporation (the"City") (collectively the "Parties"), witnesseth that: WHEREAS, the District is the record owner of the parcel of real property described on Exhibit A, attached hereto and incorporated herein, on which Bacon Elementary School is located (the"Larger Parcel"); and WHEREAS, the City desires to acquire an easement for a trail over and across portions of the Larger Parcel, the particular location of the Easement being more precisely described on Exhibit B attached hereto and incorporated herein and as more particularly depicted on Exhibit C attached hereto and incorporated herein (the"Easement"); and WHEREAS, the District is amenable to granting the Easement to the City upon certain conditions, as herein below set forth. NOW, THEREFORE, in consideration of the mutual covenants herein, and other good and valuable consideration, the Parties agree as follows: L The District hereby grants the Easement to the City for purposes of constructing, repairing, operating, reconstructing, and maintaining a public trail and related improvements within the Easement(the"Trail"). The Easement shall be perpetual, as shall the obligations of the Parties hereunder. Additionally, the City may install a crusher-fine foot path adj acent to the concrete trail, which if installed will be part of the TraiL The remainder of the Easement shall be available to the City for purposes of maintenance, and it shall be the City's responsibility both to maintain the Trail and to maintain the remainder of the Easement, including those maintenance responsibilities set forth in Paragraph 4 below. Other than the purposes described or permitted herein, any structure, building, improvement, fixture, or use, whether temporary or permanent, of any kind placed on the Easement by the City without the District's consent may be removed by the District at the expense of the City without liability to the District, provided that the District shall provide written notice to the City of such violation and shall provide a reasonable period to cure prior to exercising such removal rights, unless a bona fide emergency exists in the reasonable discretion of the District. 2. The parties acknowledge and agree that the Trail will be used by the general public as a public trail for multi-modal forms of transportation, and that the City shall have the exclusive right to authorize and restrict the modes of transportation permitted thereon. No motor vehicles, other than for maintenance and repair work or as required to accommodate persons with disabilities, shall be allowed on the Trail. Subject to the City's discretion to authorize and restrict modes of transportation, permitted uses of the Trail shall be pedestrian use, horseback riding, bicycling (including Class I & II electric-assist bicycles), skateboarding, and those uses allowed on other City recreational trails. The City shall be solely responsible for enforcement of the usage Page 1 of 9 RECEPTION#20240007117, 2/26/2024 4:48:07 PM,2 of 9,$53.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO DocuSign Envelope ID: 190D5375-8090-4BF1-824F-68663AE91BF0 limitations and of all laws and ordinances upon the Easement, and District shall have no enforcement obligation for the same. 3. The District reserves the right to use the Easement for purposes that will not interfere with Grantee's full enjoyment of the rights hereby granted or that interfere with the public's use of the TraiL The District agrees not to erect or construct any structure or improvement, drill or operate any well, construct any reservoir or impoundment or other obstruction, install or plant any trees or woody shrubs, change the ground level in the Easement, or otherwise improve the Easement without the prior written consent of the City. The District will not deposit, or permit others to deposit, earth, rubbish, debris, or any other substance or material within the Easement. 4. The entire Easement shall be available to the City for purposes of maintenance, and it shall be the City's sole responsibility to both maintain the Trail and to maintain the remainder of the Easement, including without limitation controlling weeds, mowing, and snowplowing the Trail as needed, repairing vandalism or damage occurring to the Trail, signs, or ground surface within the Easement, and keeping the Easement free of hazards and dangerous conditions reasonably within the City's control, all at the City's sole cost and expense, except to the extent any such maintenance and clean-up is necessary as a result of the conduct of the District, its contractors or agents. The City shall pay all costs and expenses incurred as a result of any work performed within, upon, or under the Easement by or at the request of the City. 5. Both parties are responsible for its own negligence and that of its officers and employees. Both parties hereby release the other and their directors, officers and employees from any claim for personal injury or property damage arising out of the other party's use of the Easement unless caused by the negligent or reckless actions or omissions of the other party or the other party's contractors and agents. Nothing herein is intended by either party as a waiver of the provisions and protections of the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as now in effect or hereafter amended. 6. Prior to the commencement of any work within the Easement,the City shall provide to the District certificates of insurance evidencing that the City has commercial general liability insurance and automobile liability insurance in at least the amounts sufficient to cover possible exposure under the Colorado Governmental Immunity Act, as such amounts may be adjusted from time to time, and workers' compensation insurance that meets the state of Colorado minimum limits. The insurance required shall be procured and maintained as long as the City holds the Easement, with an insurance company licensed in the State of Colorado. Additionally, the City shall not permit contractors to commence work within the Easement until insurance certificates have been obtained and submitted to the District for each contractor and any subcontractors, evidencing the same insurance coverages required by this Paragraph 6. By requiring such insurance, the District shall not be deemed or construed to have assessed the risk that may be applicable to the City or any contractor or subcontractor in connection with the Easement. 7. The general liability and automobile liability insurance policies required hereinabove shall be endorsed to include the District, its elected officials, agents, and employees as additional insureds with respects to liability and defense of suits arising out of the activities performed by, or on behalf of the City. The workers' compensation insurance shall provide a waiver of subrogation in favor of the District. Page 2 of9 RECEPTION#20240007117, 2/26/2024 4:48:07 PM,3 of 9,$53.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO DocuSign Envelope ID: 190D5375-8090-4BF1-824F-68663AE91BF0 8. The certificates of insurance provided pursuant to this Agreement shall state that the City and/or its insurance broker/agent, and any contractor or subcontractor and/or its insurance broker/agent, shall notify the District of any cancellation, non-renewal or material reduction in coverage or limits of any insurance thirty (30) days prior to the effective date of such of cancellation, non-renewal or material reduction in coverage or limits. All replacement insurance coverage that is deemed "claims made" policies must show proof of extended "tail" coverage to the beginning of this Agreement. 9. If either party defaults in its performance of any condition of this Agreement, the non-defaulting party shall give the defaulting party written notice and a reasonable opportunity to cure the default before taking any further action. This Agreement shall be interpreted according to the laws of Colorado and the venue for any disputes shall be in the 8� Judicial District of Colorado. Nothing herein shall be construed to remove or otherwise limit the City's authority to exercise the power of eminent domain in a court of proper jurisdiction. 10. The City shall have the perpetual right of reasonable ingress and egress in, on, or under the Larger Parcel to temporarily access the Easement for construction, maintenance, repair, or replacement of the trail (the "Access Easement"). The Access Easement shall be limited to the reasonable means necessary to provide access to the Easement, and City shall primarily use existing streets, roads, or other facilities to avoid any unnecessary disruption of District's use and possession of the Larger Parcel. 11. Following installation of the Trail and following any subsequent work by the City in the Easement, the City will make such repairs or take such other action as may be necessary to restore the Easement(except the Trail)to a condition comparable to its condition as of the Effective Date, including but not limited to the reseeding and replanting of any disturbed areas, correction of any subsidence, and restoration of any other improvements or conditions impacted by the City's activities. City's obligation to repair or restore the Easement shall exclude any improvements for which City has paid to District cash-in-lieu of any such repair, replacement, or restoration, or to any improvements installed at the direction of District(the"Construction Repairs")in-lieu of such repair, replacement, or restoration, all of which shall be documented in writing. 12. The Construction Repairs include the removal and relocation of District's fence (the "Fence") currently located within the Easement. The City shall relocate the Fence on the western boundary of the Easement. The City shall have no obligations with regard to the maintenance or warranty of the Fence, but all applicable warranties for the Fence, if any, shall be assigned to the District. 13. The District states that it is the lawful owner in fee simple of the Larger Parcel; that it has good and lawful right and authority to grant, sell, and convey the Easement or any part thereof; and that it will warrant the title of the Easement. The District represents and warrants that the beneficiary of any deed of trust, mortgage, lien, or other obligation secured by an interest in the Easement has consented to and subordinated its interest in the Easement to this Agreement. In the event the requirements of this paragraph have not been met prior to the Effective Date, the Page 3 of 9 RECEPTION#20240007117, 2/26/2024 4:48:07 PM,4 of 9,$53.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO DocuSign Envelope ID: 190D5375-8090-4BF1-824F-68663AE91BF0 District shall have an additional reasonable time to comply with said paragraph, which shall not exceed six (6) months from the Effective Date. 14. Whenever used herein, the singular number includes the plural, the plural the singular, and the use of any gender is applicable to all genders. All of the covenants herein contained are binding upon and inure to the benefit of the parties hereto, their personal representatives, successors, and assigns. If any term of this Agreement is determined by any court to be unenforceable, the other terms of this Agreement shall nonetheless remain in full force and effect; provided, however, that if the severance of any such provision materially alters the rights or obligations of the parties, the parties shall engage in good faith negotiations in order to adopt mutually agreeable amendments to this Agreement as may be necessary to restore the parties as closely as possible to the initially agreed upon relative rights and obligations. 15. Each person executing this Agreement represents and warrants that he or she is duly authorized to execute this Conveyance in his or her individual or representative capacity as indicated. 16. This Agreement constitutes the entire agreement between the parties with respect to the subj ect matter hereof and supersedes all prior written or oral agreements with respect thereto. 17. The Parties agree that the amount of money and other consideration set forth in this Agreement is full and complete consideration for the Easement, including any improvements and damages of any kind whatsoever. IN WITNESS WHEREOF, the Parties' authorized representatives have herein below set their hands, effective the date first above written. [signature pages follow] Page 4 of 9 RECEPTION#20240007117, 2/26/2024 4:48:07 PM,5 of 9,$53.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO DocuSign Envelope ID: 190D5375-8090-4BF1-824F-68663AE91BF0 POUD SCHOOL STRI R-1, a st tory ol ado school district i � �By:`:y-- � .�- '=. Jef onnell 'ef of Op ions Of cer STATE OF COLORADO ) )ss COUNTY OF�� '��`„") The foregoing instrument was acknowledged before me this�day of �-� �:.�� "�;��.� , .� �"�.�"-� , by Jeff Connell, as Chief of Operations Officer of Poudre School District R-l. Witness iny hand and official seal. My Commission expires: `'� �� "e. ��`� � � �� -- �' . , � �� .w � � �„ .� ��t9�' ii Notary Public p � S1'A�v�t�F'��LC3�� CDI"�RY t�2 S F 57fi519 C THE CITY OF FORT COLLINS, a Colorado municipal corporation DocuSigned by: � �� 2/26/2024 BY� o��¢�.. Kelly DiMartino, City Manager DocuSigned by: ATTEST: ti°4�°�'��<r DocuSigned by: '+.ty �,�c iEE'. ,�,�� `:SEnL': ��LO P90 �i��dvr�Zig... City Clerk Rita R Knoll Chief Deputy City Clerk (Printed Name) APPROVED AS TO FORM: �000�s�qoea ny: ��Syg� Assistant City Attor-ney Ryan Malarky (Printed Name) Page 5 of 9 RECEPTION#20240007117, 2/26/2024 4:48:07 PM,6 of 9,$53.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO DocuSign Envelope ID: 190D5375-8090-4BF1-824F-68663AE91BF0 Exhibit A Larger Parcel Description (Page 1 of 1) Le�al Description: 11.434 acres, more or less, located in the South Half(S/2) of the Northwest Quarter (NW/4) of Section 8, Township 6 North (T6N), Range 68 West (R68W), 6� P.M., Larimer County, Colorado, being more particularly described as Tract A of Poudre School District and Paragon Point Partners, LTD, Minor Land Division, recorded in Reception No. 20000054081, Clerk and Recorder's Records, Larimer County, Colorado. Location Address: 5844 S Timberline Rd Fort Collins, CO 80528 Assessor Parcel Number: 86082-07-901 Map: \ � �..._ ...� '�,,. a�a-..- '�. �, '.. '�.. '�, � "^�:F aaoa�i i i � ,�02 �o��;r�.: a.naa _ 4l�zn , ', . afi�aa.�.��_ s �� ARU t . q' , .. ;RE � ta ..,. 4\ Lk p ,yC,� ��pp 8C i 8i�n8 3 1 ~ �R �� . plp .. C �` m,. '�. � {.,4I'1 �� p, . �pPp� f 8:G82 .._"".. � eff �� rr,aS�F��A,,� �, ,- q„n$ _'1.�3GG1 �. '��, MCJ.�ti.,�� . � .�� ar,�C.R�EK,' '�. v. � "CFJ y.71��3�L7 ae .: •�..._.�. " ' ��. ��.. " .. ' y..... `` fl lfY�i ...._ , . .... . .. .... ;' ..... �': , � o c�„anl z F -�yn.�� ,_- — . �?� � `.i _,_,� J� . '?H , �',, ,, �. ,. � �� ,�7..r . ,:�R.,�7b ,,. . '��, '. ' a.aa;<<�� ..... � ..... ._ . .. _ . � XfkHYR/fp�_ �.. `- � ,.._. ... �R4E ti J ��:J �.'iR4 �'S�:J_ " .. a .. �tiSJ� J Te �r., 1 fJ r�J^JJJtitiJC. " ., ,' G J J� J"j�:J^S]�J `r13 a 8708 ^2.�3 - . Rq �J � �.a9 ti ' �, Cti��a ,t, tiUP 0 w ;(fi4 S J'YJJ „ rtiti7�; J� £ r�SS�JF�J�� E+�dtiJ oJ� � L 7 ; r •• ... .. y�oo.t .... ........ . 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Page 6 of 9 RECEPTION#20240007117, 2/26/2024 4:48:07 PM,7 of 9,$53.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO DocuSign Envelope ID: 190D5375-8090-4BF1-824F-68663AE91BF0 Exhibit B Easement Legal Description (Page 1 of 2) DESCRIPTION OF AN EASEMENT TO BE CONVEYED TO THE CITY OF FORT COLLINS (POUDRE SCHOOL DISTRICT R-1) A TRACT OF LAND TO BE CONVEYED AS AN EASEMENT, LOCATED IN THE NORTHWEST QUARTER SECTION 8, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE SIXTH P.M.; CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO; BEING LOCATED WITHIN TRACT A, POUDRE SCHOOL DISTRICT AND PARAGON POINT PARTNERS, LTD MLD AS SHOWN ON THE PLAT THEREOF, RECORDED AUG. 8, 2000 AT RECEPTION NO. 20000054081 IN THE OFFICE OF THE LARIMER COUNTY CLERK AND RECORDER (LCCR); BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH 1/16TH CORNER OF SECTIONS 7 AND 8, AND CONSIDERING THE WEST LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 8 TO BEAR SO°00'47"E, SAID LINE BEING MONUMENTED ON BOTH ENDS BY A 3-1/4" ALUMINUM CAP STAMPED LS 34995, BASED UPON GPS OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE SYSTEM, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE ALONG THE NORTH LINE OF THE SOUTH 1/2 OF THE NW 1/4 OF SAID SECTION 8, N89°38'45"E, A DISTANCE OF 204.52 FEET (RECORD 204.81 FEET) TO THE WESTERNMOST PONT OF MAIL CREEK CROSSING PLD, AS SHOWN ON THE PLAT THEREOF, RECORDED DEC. 30, 2013 AT RECEPTION NO. 20130093284 (LCCR); THENCE ALONG THE SOUTHWESTERLY LINE OF SAID PLD, THE FOLLOWING TEN (10) COURSES: 1. S45°24'34"E, A DISTANCE OF 62.71 FEET (RECORD 62.50 FEET); 2. S36°47'13"E, A DISTANCE OF 104.00 FEET; 3. S42°23'02"E, A DISTANCE OF 223.00 FEET; 4. S63°30'31"E, A DISTANCE OF 82.00 FEET; 5. S56°16'26"E, A DISTANCE OF 80.00 FEET; 6. S57°28'56"E, A DISTANCE OF 104.00 FEET; 7. S67°14'22"E, A DISTANCE OF 70.00 FEET; 8. S70°54'52"E, A DISTANCE OF 143.00 FEET; 9. S48°02'39"E, A DISTANCE OF 34.00 FEET; 10. S41°57'21"W, A DISTANCE OF 10.00 FEET TO THE NORTHEAST CORNER OF SAID TRACT A; THENCE ALONG THE NORTH LINE OF SAID TRACT A, S89°43'37°W, A DISTANCE OF 6.19 FEET TO THE POINT OF BEGINNING; THENCE S51°14'17"E, A DISTANCE OF 14.60 FEET; THENCE S49°18'06"E, A DISTANCE OF 180.15 FEET; THENCE S52°25'26"E, A DISTANCE OF 20.04 FEET; THENCE S55°32'46"E, A DISTANCE OF 112.43 FEET; THENCE S57°37'46"E, A DISTANCE OF 27.14 FEET TO A POINT ON THE NORTHEASTERLY LINE OF SAID TRACT A; THENCE ALONG SAID LINE, S54°15'05"E, A DISTANCE OF 50.55 FEET; THENCE S52°49'45"E, A DISTANCE OF 259.61 FEET; Page 7 of 9 RECEPTION#20240007117, 2/26/2024 4:48:07 PM,8 of 9,$53.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO DocuSign Envelope ID: 190D5375-8090-4BF1-824F-68663AE91BF0 THENCE S03°17'01"W, A DISTANCE OF 34.05 FEET TO A POINT ON THE SOUTH LINE OF SAID TRACT A; THENCE ALONG SAID SOUTH LINE, 18.68 FEET ALONG THE ARC OF A NON- TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 459.00 FEET, A CENTRAL ANGLE OF 02°19'56", AND A CHORD WHICH BEARS N82°24'26"W A DISTANCE OF 18.68 FEET; THENCE ALONG A LINE NON-TANGENT TO SAID CURVE, N05°07'41"W, A DISTANCE OF 26.09 FEET TO A POINT ON THE NORTHEASTERLY EDGE OF A 1.5 FEET WIDE CONCRETE STRIP WHICH IS PARALLEL TO AND 0.5 FEET NORTHEASTERLY OF AN EXISTING FENCE LINE; THENCE ALONG SAID NORTHEASTERLY EDGE THE FOLLOWING SIX (6) COURSES: 1. N53°14'59"W, A DISTANCE OF 103.70 FEET; 2. N53°00'53°'W, A DISTANCE OF 176.91 FEET; 3. N57°07'45"W, A DISTANCE OF 105.23 FEET; 4. N51°59'12"W, A DISTANCE OF 173.16 FEET; 5. N48°19'37"W, A DISTANCE OF 62.27 FEET; 6. N48°18'31"W, A DISTANCE OF 52.81 FEET TO A POINT ON THE NORTH LINE OF SAID TRACT A; THENCE ALONG SAID NORTH LINE, N89°43'37"E, A DISTANCE OF 30.58 FEET TO THE POINT OF BEGINNING. CONTAINING 13,748 SQUARE FEET (0.316 ACRES), MORE OR LESS, AND BEING SUBJECT TO ALL EASEMENTS AND RIGHTS-OF-WAY OF RECORD OR THAT NOW EXIST ON THE GROUND. I HEREBY STATE THAT THE ABOVE DESCRIPTION WAS PREPARED BY ME AND IS TRUE AND CORRECT TO THE BEST OF MY PROFESSIONAL KNOWLEDGE, ��,a.�- BELIEF, AND OPINION. ��;��g �'�� <�' � �`J 'a� a �, �,��-� U^° ✓, �,�. �,_�� `� �'�`' �"��Y r ,� � � . � 4 � a .e� ��:=�a ��: ��1 tt '-:��"`' `Z '��;�a.lf-B 3�Zo2��-�� p_p"��;��..�..... ��" [�1��1 '� F�,~l, JOHN STEVEN VON NIEDA, COLORADO P.L.S. 31169 ��'�� FOR AND ON BEHALF OF THE CITY OF FORT COLLINS P.O. BOX 580, FORT COLLINS, CO 80522 S:\mail creek trail\mail creek-timberline to spindlebush lane\legals\trail esmt psd.docx Page 8 of 9 RECEPTION#20240007117, 2/26/2024 4:48:07 PM,9 of 9,$53.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO DocuSign Envelope ID: 190D5375-8090-4BF1-824F-68663AE91BF0 Exhibit C Easement Depiction (Page 1 of 1) 0 N � c�o 3 w z � - c� p� � Z F- Z N p N � � . ¢aw M N �o � N � O o�� v � � W 1332llS M d- �m o � �Y ._ � � N34111 (n M O�� ow I� � �o v � N � w N W � � � � d' ,_:r�:ti>_r��.�- � 0 � w O N ,�,'�µ� ��C?�3��`�� N W � � � �p O 00 � 00 s�`�"' rJ ary ,!"� .�, p � ja d. � O t0 � cfl ;� c °�`'�s`��'� 00 W d- I.'7 � � p' ai 00 (�I 00 �' �' �°•. ';>� � = O r � `--� .— �3,��;.� "� c� .�;�. 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