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HomeMy WebLinkAboutSCHOOLSIDE PARK - BDR240009 - SUBMITTAL DOCUMENTS - ROUND 3 - Easements (3) RECEPTION#20240006976, 2/26/2024 10:04:53 AM,1 of 8,S48.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO EASEMENT AND RIGHT-OF-WAY AGREEMENT THIS AGREEMENT, made and entered into as of the (the"Effective Date") by and between Kechter Crossing Homeowners Association,Inc., a Colorado non-profit corporation, hereinafter the "Grantor," and THE NEW MERCER DITCH COMPANY, a Colorado mutual ditch corporation, 1319 E. Prospect Road, Fort Collins, CO 80525, hereinafter the "Grantee." I. Grantor's Property and Grantee's System. Grantor is the owner of the property legally described on Exhibit "A" attached hereto and by this reference incorporated herein (the "Grantor's Property"). Grantee is the operator of a canal or ditch known as The New Mercer Ditch/Mail Creek (hereinafter called the "Ditch"). The Ditch transports water and a portion of the Ditch exists and travels over Grantor's Property. 2. Grant of Easement. For and in consideration of the mutual promises and covenants herein contained and other good and valuable consideration, the receipt and adequacy of which is hereby confessed and acknowledged, the Grantor has granted and conveyed and by these presents does grant and convey unto the Grantee, its successors and assigns, a permanent easement and right-of-way (the "Easement") for the Ditch, including sufficient lands on each side of the Ditch for its maintenance, repair, operation, improvement, replacement reconstruction, enlargement, access (including, without limitation, vehicular and pedestrian), and to allow Grantee to do whatever is reasonably necessary for Grantee to fully utilize and enjoy the Easement, limited to the areas depicted on Exhibit "B" attached hereto and by this reference incorporated herein (the "Easement Area"). The Easement Area shall include the ditch channel, its bed, bank, slope, roadway, head gates, diversion boxes, flumes, spillways, and erosion and structural support systems, whether presently existing or constructed in the future. 3. Ingress and Egress. In addition to the foregoing grant of Easement by the Grantor to the Grantee,the Grantor further grants and conveys to the Grantee the right of ingress and egress to and from the Easement Area by means of existing roads (whether public or private) located on the Grantor's Property, if any, or in the absence of such roads, by such other routes as the Grantee shall determine to be reasonably necessary taking into consideration the minimization of damage to the Grantor's Property. 4. No Permanent Structures. Except as otherwise provided herein, the Grantor, its successors and assigns, shall not erect or place any permanent building, structure or obstructive improvement on the Easement, and permanent structures shall be set back five feet from the access easement. These Restrictions are not intended to prevent Grantor from utilizing its correlative rights in the Easement or to prevent the installation of improvements which to not interfere with Grantee's use of the Easement. In the event of the placement of such obstacles on the Easement contrary to the provisions of this Agreement,the Grantee shall have the right to require Grantor to remove such obstacles from the Easement and, in the event the Grantor fails to do so upon request, the Grantee may remove such obstacles without any liability for repair or replacement thereof, and Grantor shall reimburse Grantee for such removal. Notwithstanding the foregoing, the Grantor, its successors and assigns shall have the right, without the consent of the Grantee, to install appropriate landscaping, ground cover, crops, or other plantings (collectively, the "Plantings") to RECEPTION#20240006976, 2/26/2024 10:04:53 AM,2 of 8,548.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO minimize erosion, blowing dust, and otherwise enhance the aesthetic appearance or productivity of that portion of the Easement from historic high water spark of the ditch and extending upward and outward in both directions for the full width of the Easement. but specifically excluding the functional cross-section or trapezoidal channel of the ditch. No such Plantings installed by the Grantor shall unreasonably interfere with access of the Grantee to the Easement for maintenance and repair. The Grantee shall have no liability for damage or destruction of such Plantings in connection with its maintenance and repair of the Easement. This Section shall not apply to the public sidewalk/trail and related improvements, including a bridge structure crossing Mail Creek Ditch, which Parties acknowledge are to be installed within the Easement Area by the City of Fort Collins, Colorado. 5. Warranty of Title and Insurance. The Grantor does covenant and agree to and with the Grantee that the Grantor is lawfully seized of the Easement and the Grantor's Property, and that the Grantor has a good and lawful right to convey the Easement to the Grantee and that the Grantor warrants the title thereto, subject to existing easements and rights-of-way in place or of record. Grantor shall arrange and pay for title insurance to be provided for the Grantee for coverage of the Easement. 6. Miscellaneous. It is mutually agreed between the parties hereto that: 6.1 Grantor's Use. Except to the extent that such rights may be inconsistent with or interfere with the rights and privileges herein granted to the Grantee, the Grantor shall retain the right to use and enjoy the Easement. 6.2 Construction. Whenever used herein, the singular shall include the plural and the plural the singular and the use of any gender shall apply to all genders. This Agreement shall be governed by and its terms construed under the law of the State of Colorado. 6.3 Headings. Paragraph headings used herein are for the convenience of reference and shall in no way define, limit or prescribe the scope or intent of any provision under this Agreement. 6.4 Severability. The provisions of this Agreement shall be deemed independent and severable, and the invalidity or partial invalidity or unenforceability of any one provision or portion thereof shall not affect the validity or enforceability of any other provision hereof. 6.5 Attorney's Fees. In any action brought to enforce the provisions hereof, whether legal or equitable, the prevailing party shall recover its reasonable attorney's fees as fixed by the Court_ Venue for all actions shall be in Larimer County, Colorado, District Court. 6.6 Bind ing_Agreement. The benefits and burdens of this Agreement shall inure to and be binding upon the respective successors or assigns of the parties hereto, and shall be a covenant running with Grantor's Property. 2 RECEPTION#20240006976, 2/26/2024 10:04:53 AM,3 of 8,S48.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO 6.7 Recording. This Agreement shall be recorded in the records of the Clerk and Recorder of Larimer County, Colorado. The cost of such recording shall be borne by the Grantee. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year set forth below, to be effective as of the Effective Date. [Signatures on the_followingpage(s)] 3 RECEPTION#20240006976, 2/26/2024 10:04:53 AM,4 of 8,S48.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO GRANTOR: Kechter Crossing Homeowners Association, Inc., a Colorado non-profit corporation Date By: , Pre ident STATE OF COLORADO ) ss COUNTY OF The foregoing instrument was acknowledged before ante this 23 3ay of � � , 2024, by , as President of Kechter Crossing Homeowners Association, Inc. Y Witness nay hand and official seal. � JONATHAN RYAN PIEFER NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20224009323 Notary Public MY COMMISSION EXPIRES MARCH a7,2026 GRANTEE: THE NEW MERCER.DITCH COMPANY, a Colorado ]mutual ditch corporation a Date By: Ragy,6ustaKon, President STATE OF COLORADO ) ss COUNTY OFL(Ae1YyWf The foregoing instrument was acknowledged before one thisZ day of _ , ` .rc 2024,by Randy Gustafson, as President of The New Mercer Ditch Company. Witness my hand and official seal. My Commission expires: THERESA MICHALE DICKEY Notary Public Notary Public State of Colorado Notary ID#20214012758 My Commission Expires 03-31-2025 4 RECEPTION#20240006976, 2/26/2024 10:04:53 AM,5 of 8,S48.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO Exhibit A Grantor's Property (Page l of 1) Grantor's Property Description: Outlots A, 1, and J, of Mail Creek Crossing PLD dated December 24, 2013, recorded at Reception No.20130093284, Clerk and Recorder's Records,Larimer County,Colorado, located in S/2 NW/4 of Section 8, T6N, R68W, 6th PM, Larimcr County, Colorado. Location Address: Vacant land located in the S/2 NW/4 of Section 8, T6N, R68W, 6"' PM, Larimer County, CO. Assessor Parcel Number: N/A Map: ay a - �� - _ a 'ink ' f t '�'.*j.• 1 «" m $�� iax n t `'�;'' r 4�t } 711 ,2 ,r •;ieoS�1 F�kt lil tEand lStc'P li4t� `�� � �eeiv f�a>�'" �`� "q "ke S?xtt t,f d k4 UV x.,f',«;zie t`^`ate i i 5 - ij RECEPTION#20240006976, 2/26/2024 10:04:53 AM,6 of 8,S48.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO Exbibit B Easement Area (Page 1 of 3) DESCRIPTION OF AN EASEMENT TO BE CONVEYED TO THE NEW MERCER DITCH COMPANY (KECHTER CROSSING HOMEOWNERS ASSOC. INC.) A TRACT OF LAND 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 A PORTION OF OUTLOTS A, I, AND J, MAIL CREEK CROSSING PLD AS SHOWN ON THE PLAT THEREOF, RECORDED DEC. 30, 2013 AT RECEPTION NO. 20130093284 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, N89038'45"E, A DISTANCE OF 204.52 FEET (RECORD 204.81 FEET) TO THE WESTERNMOST POINT OF SAID OUTLOT A; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID OUTLOT A, THE FOLLOWING FIVE (5) 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. S42023'02"E, A DISTANCE OF 223.00 FEET; 4. S63°30'31"E, A DISTANCE OF 82.00 FEET; 5. S56016'26"E, A DISTANCE OF 15.73 FEET TO THE POINT OF BEGINNING; THENCE N34032'02"E, A DISTANCE OF 38.29 FEET; THENCE S55027'58"E, A DISTANCE OF 79.89 FEET; THENCE 43.15 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 225.30 FEET, A CENTRAL ANGLE OF 10-58-26", AND A CHORD WHICH BEARS S60°57'11"E A DISTANCE OF 43.09 FEET; THENCE S66026'24"E, A DISTANCE OF 68.37 FEET; THENCE S68005'14"E, A DISTANCE OF 44.44 FEET; THENCE S66026'20"E, A DISTANCE OF 35.93 FEET; THENCE S69021'54"E, A DISTANCE OF 18.63 FEET; THENCE S70030"18"E, A DISTANCE OF 39.15 FEET; THENCE 95.46 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 264.70 FEET, A CENTRAL ANGLE OF 20039'49", AND A CHORD WHICH BEARS S60-10'24"E A DISTANCE OF 94.95 FEET; THENCE S49°50'29"E, A DISTANCE OF 69.68 FEET; THENCE S49°02'13"E, A DISTANCE OF 118.02 FEET; THENCE S54034'51"E, A DISTANCE OF 117.64 FEET; THENCE S56039'54"E, A DISTANCE OF 47.73 FEET; THENCE S52041'40"E, A DISTANCE OF 93.67 FEET; THENCE S53018'05"E, A DISTANCE OF 42.19 FEET; THENCE S51045'34"E, A DISTANCE OF 19.59 FEET; THENCE S53047'50"E, A DISTANCE OF 26.49 FEET; THENCE S60002'55"E, A DISTANCE OF 9.07 FEET; RECEPTION#20240006976, 2/26/2024 10:04:53 AM,7 of 8,S48.00 Electronically Recorded Tina Harris,Clerk&Recorder,Larimer County,CO THENCE S56'51'20"E, A DISTANCE OF 15.99 FEET; THENCE 13.58 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 60.70 FEET, A CENTRAL ANGLE OF 12049'04", AND A CHORD WHICH BEARS S50°26'47"E A DISTANCE OF 13.55 FEET; THENCE 15.10 FEET ALONG THE ARC OF A REVERSE CURVE TO THE LEFT HAVING A RADIUS OF 34.25 FEET, A CENTRAL ANGLE OF 25-1610", AND A CHORD WHICH BEARS S56040'20"E, A DISTANCE OF 14.98 FEET; THENCE S69018'25"E, A DISTANCE OF 28.28 FEET TO A POINT ON THE NORTH LINE OF THE DITCH EASEMENT SHOWN ON THE PLAT OF MAIL CREEK CROSSING PLD; THENCE ALONG SAID NORTH LINE, S85040'56"E, A DISTANCE OF 34.68 FEET TO A POINT ON THE EASTERLY LINE OF SAID OUTLOT J; THENCE ALONG SAID EASTERLY LINE, THE FOLLOWING FIVE (5) COURSES: 1. S00011'59"W, A DISTANCE OF 17.49 FEET; 2. N89048'01"W, A DISTANCE OF 6.15 FEET; 3. S00011'59"W, A DISTANCE OF 24,97 FEET; 4. S89048'01"E, A DISTANCE OF 6.15 FEET; 5. S00011'59"W, A DISTANCE OF 17.70 FEET TO THE NORTHEAST CORNER OF THAT TRACT OF LAND DESCRIBED IN THE QUITCLAIM DEED RECORDED MARCH 27, 2014 AT RECEPTION NO. 20140014877 (LCCR); THENCE N85040'56"W, A DISTANCE OF 54.89 FEET TO THE NORTHWEST CORNER OF SAID TRACT OF LAND, ALSO BEING A POINT ON THE SOUTHWESTERLY LINE OF OUTLOT J; THENCE ALONG SAID SOUTHWESTERLY LINE, THE FOLLOWING FOUR (4) COURSES: 1. N54°15'05"W, A DISTANCE OF 381.36 FEET; 2. N51058'30"W, A DISTANCE OF 175.24 FEET; 3. N48°02'46"W, A DISTANCE OF 87.77 FEET; 4. N41057'21"E, A DISTANCE OF 10.00 FEET, THENCE ALONG THE SOUTHWESTERLY LINE OF SAID OUTLOTS J, I, AND A, N48002"39"W, A DISTANCE OF 34.00 FEET; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID OUTLOT A, THE FOLLOWING FOUR (4) COURSES: 1. N70054"52"W, A DISTANCE OF 143.00 FEET; 2. N67014"22"W, A DISTANCE OF 70.00 FEET; 3. N57028'56"W, A DISTANCE OF 104.00 FEET; 4. N56016'26"W, A DISTANCE OF 64.27 FEET TO THE POINT OF BEGINNING. CONTAINING 53,301 SQUARE FEET (1.224 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, BELIEF, AND OPINION. JOHN STEVEN VON NIEDA, COLORADO P.L.S. 31169 c; FOR AND ON BEHALF OF THE CITY OF FORT COLLINS « .0 31169 P.O. BOX 580, FORT COLLINS, CO 80522 ' o /1-9-Zaa SAMAIL CRFFK TRAILWAIL CREEK-TIMBERLINE TO SPINDLEBUSH LANELegalslDitch Esmt Mail Ck HOA. N✓�. .... 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