HomeMy WebLinkAboutSCHOOLSIDE PARK - BDR240009 - SUBMITTAL DOCUMENTS - ROUND 3 - Easements (4) RECEPTION#20240007116, 2/26/2024 4:41:13 PM,1 of 9,S53.00 Electronically Recorded
Tina Harris,Clerk&Recorder,Larimer County,CO
DocuSign Envelope ID:40FOEBD2-8F00-42D5-AO9B-4080373E1141
EASEMENT
(Public Sidewalk/Multi-Use Trail)
Grantor: Kechter Crossing Homeowners Association, Inc., a Colorado non-profit corporation
Grantor Signing Authority and Title: Wendy Sprague, President
Grantor Mailing Address: 201 E. 4t" Street-9130, Loveland, CO 80537
Grantor Phone Number/Email: 571-275-8424 / brider 1847,Tigrnail.com
Grantee: City of Fort Collins, Colorado, a municipal corporation
Grantee Signing Authority and Title: Kelly DiMartino, City Manager
Grantee Mailing Address: P.O. Box 580, Fort Collins, Colorado 80522
Grantee Phone Number/Email: 970-221-6211 /realestateservices'c�fc�ov.com
Effective Date: February 16, 2024
Easement Improvements: Public Sidewalk/Multi-Use Trail and related improvements,
including the bridge structure (the`Bridge") crossing Mail Creek Ditch
Consideration: $10 and other good and valuable consideration
Exhibit A-Larger Parcel Description: 1 page(s)
Exhibit B-Easement Area Legal Description: 2 page(s)
Exhibit C-Easement Area Depiction: 1 page(s)
This EASEMENT WITH TERMS AND CONDITIONS (the "Conveyance") is made
and entered into on the Effective Date by and between Grantor and Grantee.
1. Grantor's Property. Grantor is the owner of that certain parcel of real property located in
Larimer County, Colorado, which is described on Exhibit A, attached to and made a part of this
Conveyance (the"Larger Parcel").
2. Grant of Easement. For and in consideration of the covenants and agreements herein set
forth, the sum of the Consideration and other good and valuable consideration, the receipt and
adequacy of which Grantor acknowledges, Grantor grants, sells, and conveys to Grantee, its
successors and assigns, a perpetual, nonexclusive easement(the"Easement")on, over,under,and
across that certain portion of the Larger Parcel described more fully on Exhibit B and as generally
depicted on Exhibit C, both being attached to and made apart of th is Conveyance(the"Easement
Area"), subject to the conditions and restrictions set forth below. The Easement includes the right
of pedestrian ingress and egress to the Easement Area and the right to install, maintain, and use
gates in all fences that cross the Easement Area now or in the future.
3. Purpose and Use of Easement.
A. Grantee may use the Easement to install,operate,maintain,repair, reconstruct,relocate,
improve, enlarge, replace, inspect, and remove, at any time and from time to time, the
Easement Improvements. The parties acknowledge and agree that the Easement
Improvements will be used by the general public as sidewalks, public trails, and/or
other public rights-of-way for multi-modal forms of transportation, and that Grantee
Easement(Public SidewaWklulti-Use Trail)—Grantor Maintenance
Form Version 2023
Page 1 of 9
RECEPTION#20240007116, 2/26/2024 4:41:13 PM,2 of 9,553.00 Electronically Recorded
Tina Harris,Clerk&Recorder,Larimer County,CO
DocuSign Envelope ID:40FOEBD2-8F00-42D5-A09B-4080373E1141
shall have the exclusive right to authorize and restrict the modes of transportation
permitted on the Easement Improvements.
B. Grantee may use the Easement for the following temporary activities related to the
Project:
• Construction activities;
• Marking the location of the Easement Area by suitable markers set in the ground;
• Storage and staging of materials and equipment; and
• Installation of fencing and gates for security and safety purposes.
C. Grantee shall have the perpetual right of reasonable ingress and egress in, on, or over
the Larger Parcel to temporarily access the Easement Area for construction,
maintenance, repair, or replacement of the Easement Improvements (the "Access
Easement"). The Access Easement shall be limited to the reasonable means necessary
to provide access to the Easement Area, and Grantee shall, to the extent reasonably
practicable, use existing streets, roads, or other facilities to avoid any unnecessary
disruption of Grantor's use and possession of the Larger Parcel.
D. Except for the Access Easement, the parties acknowledge and agree that this
Agreement does not alter any rights, duties, or obligations of the parties insofar as they
pertain to any property located outside of the Easement Area, including parkways.
4. Grantor's Rights in Easement Area.
A. Grantor reserves the right to use the Easement Area 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 Easement Improvements. Without the Grantee's prior written
consent, Grantor will not:
• Erect or construct any structure or improvement;
• Drill or operate any well;
• Construct any reservoir, impoundment, or other obstruction;
• Install or plant any trees or woody shrubs;
• Change the ground level in the Easement Area; or
• Otherwise improve the Easement Area.
B. Grantor will not deposit, or permit, or allow to be deposited, earth, rubbish, debris, or
any other substance or material, whether combustible or noncombustible, on the
Easement Area, insofar as any such substance may interfere with the rights of Grantee
in the Easement Area or interfere with Grantee's or the public's use of the Easement
Improvements.
Easement(Public Sidewalk/Multi-Use Trail)—Grantor Maintenance
Form Version 2023
Page 2 of 9
RECEPTION#20240007116, 2/26/2024 4:41:13 PM,3 of 9,553.00 Electronically Recorded
Tina Harris,Clerk&Recorder,Larimer County,CO
DocuSign Envelope ID:40FOEBD2-8F00-42D5-A09B-4080373E1141
5. Maintenance of the Easement Area.
A. Grantee shall be responsible for any conditions directly caused by Grantee's use and
occupancy of the Easement Area, and Grantee shall be responsible for all maintenance
and repairs of the Bridge.
B. Grantor shall be responsible for any conditions directly caused by Grantor's use and
occupancy of the Easement Area, and Grantor shall be responsible for all maintenance
and repairs of the Easement Improvements, except the Bridge.
C. Grantor will maintain the surface of the Easement Area and the Easement
Improvements, except the Bridge, in a sanitary condition and in compliance with any
applicable weed, nuisance, or other legal requirements, which shall include snow
removal, removal of trash, refuse, and debris, mowing, weed managernent, repair and
clean-up of any vandalism or other damages, and [seeping the Easement Area free of
hazards and dangerous conditions.
6. Representations of Grantor.
A. Grantor states that it is the lawful owner in fee simple of the Larger Parcel, including
the Easement Area; that it has good and lawful right and authority to grant, sell, and
convey the Easement Area or any part thereof, and that it will warrant the title of the
Easement Area.
B. Grantor represents and warrants that the beneficiary of any deed of trust, mortgage,
lien, or other obligation secured by an interest in the Easement Area has consented to
and subordinated its interest in the Easement Area to this Conveyance. In the event the
requirements of this Paragraph 6(B) have not been met prior to the Effective Date,
Grantor shall have an additional reasonable time to comply with said paragraph, which
shall not exceed six (6) months from the Effective Date,
7. Additional Terms and Conditions. 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 Conveyance is determined
by any court to be unenforceable, the other terms of this Conveyance 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 Conveyance as may be necessary to restore
the parties as closely as possible to the initially agreed upon relative rights and obligations.
8. Authority. Each person executing this Conveyance represents and warrants that he or she
is duly authorized to execute this Conveyance in his or her individual or representative capacity as
indicated.
Easement(Public Sidewalk/Multi-Use Trail)—Grantor Maintenance
Form Version 2023
Page 3 of 9
RECEPTION#20240007116, 2/26/2024 4:41:13 PM,4 of 9,553.00 Electronically Recorded
Tina Harris,Clerk&Recorder,Larimer County,CO
DocuSign Envelope ID:40FOEBD2-8F00-42D5-A09B-4080373E1141
9. Final Agreement. This Conveyance constitutes the entire agreement between Grantor and
Grantee with respect to the subject matter hereof and supersedes all prior written or oral
agreements between Grantor and Grantee with respect thereto.
10. Consideration. The parties agree that the amount of money and other consideration set
forth in this Conveyance is full and complete consideration for the Easement, including any
improvements and damages of any kind whatsoever.
11. Restoration. Following installation of the Easement Improvements and following any
subsequent work by Grantee in the Easement Area, Grantee will make such repairs or take such
other action as may be necessary to restore the Easement Area (excluding the Easement
Improvements) 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 Grantee's activities.
12. Liability. The following provisions shall apply to the acts and omissions of the parties,
insofar as they concern the Easement Area:
A. Each party shall be responsible for its own negligent or reckless actions or
omissions of such party, including such actions or omissions of its agents and
contractors.
B. Grantee hereby releases Grantor from any claim for personal injury or property
damage arising out of the use of the Easement Area to the extent such injuries or
damages are not caused by the actions or omissions of the Grantor, its agents,
contractors, licensees, and invitees.
C. 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 (the "CGIA").
13. Insurance. Upon Grantor's written request, Grantee shall provide Grantor sufficient
documentation evidencing that the Grantee has insurance sufficient to cover possible exposure
under the monetary limitations of the CGIA, as such amounts may be adjusted from time to time.
IN WITNESS ''WHEREOF, the parties have set their hands and seals the day and year
first written below.
[Signatures on the following page(s)]
Easement(Public Sidewalk/Multi-Use Trail)—Grantor Maintenance
Form Version 2023
Page 4 of 9
RECEPTION#20240007116, 2/26/2024 4:41:13 PM,5 of 9,S53.00 Electronically Recorded
Tina Harris,Clerk&Recorder,Larimer County,CO
DocuSign Envelope ID:40FOEBD2-8F00-42D5-AO9B-4080373E1141
GRANTOR:
2_11s&
Date Signature ignin Auth
STATE OF COLORADO )
ss
COUNTY OFm )
The foregoing instrument was acknowledged before me this day of
2024, by Wendy Sprague, as President of Kechter Crossing Homeowners Association, nc., a
Colorado non-profit corporation.
Witness 1ny hand and official seal.
My Commission expires: --?
JONTHAN RYAN PIEFER N �aryPub�l�
NOTARY PUBLIC
STATE OF CLRADO
NOTARY ID 20224009323
MY COMMISSION EXPIRES MARCH 07,2026
ACCEPTED BY GRANTEE:
DocuSigned by:
2/26/2024 �la�totVTtlnb
Date Kelly DMartino, City Manager
DocuSigned by:
ATTEST: p4F�R'"
DocuSigned by:
�'SEAL
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E243993�a-^fig...
Rita R Knoll Chief Deputy City Clerk
(Print Name, Title)
APPROVED AS TO FORM:
DocuSigned by:
Assistant City Attorney
Ryan Malarky
(Print Name)
Easement(Public SidewalkJMulti-Use Trail�—Grantor Maintenance
Form Version 2023
Page 5 of 9
RECEPTION#20240007116, 2/26/2024 4:41:13 PM,6 of 9,553.00 Electronically Recorded
Tina Harris,Clerk&Recorder,Larimer County,CO
DocuSign Envelope ID:40FOEBD2-8F00-42D5-A09B-4080373E1141
Exhibit A
Larger Parcel Description
(Page 1 of 1)
Larger Parcel 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, 6`I' PM, Larimer County, Colorado.
Location Address:
Vacant land located in the S/2 NW/4 of Section 8, T6N, R68W, 6,h PM, Larirner County, CO
Assessor Parcel Number:
N/A
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Page 6 of 9
RECEPTION#20240007116, 2/26/2024 4:41:13 PM,7 of 9,S53.00 Electronically Recorded
Tina Harris,Clerk&Recorder,Larimer County,CO
DocuSign Envelope ID:40FOEBD2-8F00-42D5-AO9B-4080373E1141
Exhibit B
Easement Area Legal Description
(Page 1 of 2)
DESCRIPTION OF AN EASEMENT TO BE CONVEYED
TO THE CITY OF FORT COLLINS
TWO TRACTS 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:
TRACT 1:
ALL OF OUTLOT I, 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;
TRACT 2:
A PORTION OF OUTLOT J OF SAID MAIL CREEK CROSSING PLD, 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 S000047"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 NORTHWEST 114 OF
SAID SECTION 8, N89°38'45"E, A DISTANCE OF 204.52 FEET (RECORD 204.81 FEET)
TO THE WESTERNMOST POINT OF OUTLOT A OF SAID MAIL CREEK CROSSING
PLD;
THENCE ALONG THE SOUTHWESTERLY LINE OF SAID OUTLOT A, THE FOLLOWING
EIGHT (8) COURSES-
1. S45-24'34"E, A DISTANCE OF 62.71 FEET (RECORD 62.50 FEET);
2. S36047'13"E, A DISTANCE OF 104.00 FEET;
3. S42023'02"E, A DISTANCE OF 223.00 FEET;
4. S63030'31"E, A DISTANCE OF 82.00 FEET;
5. S56016'26"E, A DISTANCE OF 80.00 FEET;
6. S57028'56"E, A DISTANCE OF 104.00 FEET;
7. S67�14'22"E, A DISTANCE OF 70.00 FEET;
8. S70054'52"E, A DISTANCE OF 143.00 FEET;
THENCE ALONG SAID SOUTHWESTERLY LINE OF OUTLOT A, AND ALONG THE
SOUTHWESTERLY LINE OF OUTLOT I, S48°02'39"E, A DISTANCE OF 18.44 FEET TO
THE WESTERNMOST POINT OF SAID TRACT J, SAID POINT BEING THE POINT OF
BEGINNING;
THENCE ALONG THE NORTHWESTERLY LINE OF SAID TRACT J, N29056'17"E, A
DISTANCE OF 58.32 FEET;
THENCE ALONG THE NORTHEASTERLY LINE OF SAID TRACT J, S46°55'47"E, A
DISTANCE OF 57.42 FEET;
THENCE S42048'21"W, A DISTANCE OF 65.93 FEET TO A POINT ON THE
SOUTHWESTERLY LINE OF SAID TRACT J;
THENCE ALONG SAID SOUTHWESTERLY LINE, THE FOLLOWING THREE COURSES:
1. N48002'46"W, A DISTANCE OF 28.72 FEET;
Page 7 of 9
RECEPTION#20240007116, 2/26/2024 4:41:13 PM,8 of 9,S53.00 Electronically Recorded
Tina Harris,Clerk&Recorder,Larimer County,CO
DocuSign Envelope ID:40FOEBD2-8F00-42D5-AO9B-4080373E1141
2. N41°57'21"E, A DISTANCE OF 10.00 FEET;
3. N48002'39"W, A DISTANCE OF 15.5E FEET TO THE POINT OF BEGINNING.
THE TWO TRACTS CONTAIN A TOTAL OF 5,432 SQUARE FEET (0.125 ACRES),
MORE OR LESS, AND ARE 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 KN EDGE, BELIEF,
AND OPINION. �p REUi`T
p4'4 N
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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
Parks&RecreationWASL CREEK TRAILWAEL CREEK-TIMBERLINE TO SPINDLEBUSH LANE\Legals
Page 8 of 9
RECEPTION#20240007116, 2/26/2024 4:41:13 PM,9 of 9,S53.00 Electronically Recorded
Tina Harris,Clerk&Recorder,Larimer County,CO
DocuSign Envelope ID:40FOEBD2-8F00-42D5-AO9B-4080373E1141
S:�Engineering\DepartmentslSun ey\Projects\Parks&Recreatien\MAIL CREEK TRAIL1MAiL CREEK-TIMBERLINE TO SP[NDLEBUSH LANE\Design\MAIL CREEK EAST OF TIMBERLINE_C3D\Mall Ck Trail Boundary.dwg
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