HomeMy WebLinkAboutSCHOOLSIDE PARK - BDR240009 - SUBMITTAL DOCUMENTS - ROUND 3 - Easements (5) RECEPTION#20240007117, 2/26/2024 4:48:07 PM,1 of 9,S53.00 Electronically Recorded
Tina Harris,Clerk&Recorder,Larimer County,CO
DocuSign Envelope ID: 190D5375-8090-4BF1-824F-68663AE91BFO
TRAIL EASEMENT DEED AND AGREEMENT
THIS TRAIL EASEMENT DEED AND AGREEMENT ("Agreement"), dated effective
2/26/2024 (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:
1. 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 adjacent 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 & 11 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,S53.00 Electronically Recorded
Tina Harris,Clerk&Recorder,Larimer County,CO
DocuSign Envelope ID: 190D5375-8090-4BF1-824F-68663AE91BFO
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 of
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-68663AE91BFO
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 81h 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,S53.00 Electronically Recorded
Tina Harris,Clerk&Recorder,Larimer County,CO
DocuSign Envelope ID: 190D5375-8090-4BF1-824F-68663AE91BFO
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 subject 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,S53.00 Electronically Recorded
Tina Harris,Clerk&Recorder,Larimer County,CO
DocuSign Envelope ID: 190D5375-8090-4BF1-824F-68663AE91BFO
POUD SCHOOL STRI R-1, a st tor y of ado school district
By:`
Jefeeonnell4of of Op ions 7
er
STATE OF COLORADO )
)ss
COUNTY OFF
The foregoing instrument was acknowledged before me this day of
" "i , by Jeff Connell, as Chief of Operations Officer of Poudre School District R-1.
Witness my hand and official seal.
My Commission expires:
NOTARY PUBLI 11
UARY
Notary Public
STATE F COLS
NOTARY t 20194005765
F 11
C
THE CITY OF FORT COLLINS, a Colorado municipal corporation
DocuSigned by:
E �� � 2/26/2024
By: o����¢�..
Kelly DiMarti no, City Manager
DocuSigned by:
ATTEST:
DocuSigned by:
SOLO P90
City Clerk
Rita R Knoll Chief Deputy City Clerk
(Printed Name)
APPROVED AS TO FORM:
/off/o'o/"sigoea by:
��Syg
Assistant City Attorney
Ryan Malarky
(Printed Name)
Page 5 of 9
RECEPTION#20240007117, 2/26/2024 4:48:07 PM,6 of 9,S53.00 Electronically Recorded
Tina Harris,Clerk&Recorder,Larimer County,CO
DocuSign Envelope ID: 190D5375-8090-4BF1-824F-68663AE91BFO
Exhibit A
Larger Parcel Description
(Page 1 of 1)
Legal 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), 6th 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:
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Page 6 of 9
RECEPTION#20240007117, 2/26/2024 4:48:07 PM,7 of 9,S53.00 Electronically Recorded
Tina Harris,Clerk&Recorder,Larimer County,CO
DocuSign Envelope ID: 190D5375-8090-4BF1-824F-68663AE91BFO
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, N89038'45"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. S45024'34"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. S67014'22"E, A DISTANCE OF 70.00 FEET;
8. S70054'52"E, A DISTANCE OF 143.00 FEET;
9. S48002'39"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 S51014'17"E, A DISTANCE OF 14.60 FEET;
THENCE S49018'06"E, A DISTANCE OF 180.15 FEET;
THENCE S52025'26"E, A DISTANCE OF 20.04 FEET;
THENCE S55032'46"E, A DISTANCE OF 112.43 FEET;
THENCE S57037'46"E, A DISTANCE OF 27.14 FEET TO A POINT ON THE
NORTHEASTERLY LINE OF SAID TRACT A;
THENCE ALONG SAID LINE, S54015'05"E, A DISTANCE OF 50.55 FEET;
THENCE S52049'45"E, A DISTANCE OF 259.61 FEET;
Page 7 of 9
RECEPTION#20240007117, 2/26/2024 4:48:07 PM,8 of 9,S53.00 Electronically Recorded
Tina Harris,Clerk&Recorder,Larimer County,CO
DocuSign Envelope ID: 190D5375-8090-4BF1-824F-68663AE91BFO
THENCE S03017'01"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 02019'56", AND A CHORD WHICH BEARS N82024'26"W A
DISTANCE OF 18.68 FEET;
THENCE ALONG A LINE NON—TANGENT TO SAID CURVE, N05007'41"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. N53014'59"W, A DISTANCE OF 103.70 FEET;
2. N53000'53"W, A DISTANCE OF 176.91 FEET;
3. N57007'45"W, A DISTANCE OF 105.23 FEET;
4. N51059'12"W, A DISTANCE OF 173.16 FEET;
5. N48019'37"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,
BELIEF, AND OPINION. s
r
4
3116
JOHN STEVEN VON NIEDA COLORADO P.L.S. 31169 �' L I_sVa)
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,S53.00 Electronically Recorded
Tina Harris,Clerk&Recorder,Larimer County,CO
DocuSign Envelope ID: 190D5375-8090-4BF1-824F-68663AE91BFO
Exhibit C
Easement Depiction
(Page 1 of 1)
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