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Home My WebLink AboutLegal - Easement - 09/17/2024 TEMPORARY CONSTRUCTION EASEMENT THIS TEMPORARY CONSTRUCTION EASEMENT "Easement"), dated 20 2�("Effective Date" is entered into between the Saddle Ride Commons Co dominium Association ("Grantor") and Polestar Village Holdings, LLC ("Grantee"), whose address for purposes of this Easement is 850 S Overland Trail, #15, Fort Collins, CO 80521. WHEREAS, as required by the City of Fort Collins ("City") related to Grantee's development efforts on adjacent property, Grantor desires to convey to Grantee, and Grantee desires to receive from Grantor,a Temporary Construction Easement across certain real property owned by Grantor, described in Exhibit A attached hereto and incorporated herein("Easement Area"),for the purpose specified herein,on the terns and conditions set forth herein. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor and Grantee hereby agree as follows: 1. For and in consideration of the sum of Two Thousand Dollars and 00/100 ($2,000.00), Grantor hereby sells, grants and conveys to Grantee a Temporary Construction Easement in, on, over, under, across and through the Easement Area, as more particularly described on Exhibit A for the purpose of surveying, testing, sampling, grading, excavating, removal of trees and vegetation, remediation, restoration, revegetation, installing, constructing, reconstructing,removing and replacing,in whole or in part,the existing weir and related drainage and stormwater facilities, and related appurtenances ("Improvements") on Grantor's realproperty in the City of Fort Collins,Larimer County,Colorado.Grantee also shall have the right to excavate, fill and temporarily change the grade of the Easement Area, install environmental and erosion control measures, move, place and store materials, fill, equipment and any other items related to the purposes set forth herein on, over, under, across and through the Easement Area and to undertake any other activity reasonably related to the construction contemplated by this Easement or the Improvements. 2 The Grantee, its agents, successors and permitted assigns, shall have and exercise the right of ingress and egress in, on, to, through, over, under and across the Easement Area, for any purpose necessary for the construction of the Improvements. 3. The term of this Easement shall take effect upon mutual execution of this instrument,but Grantee shall not exercise its rights herein unless Grantee provides Grantor written notice of no less than ten(10) days prior to entry.The temporary rights granted herein shall expire two (2) years after the Effective Date, or upon the date which is sixty (60) days after the City's written acceptance of the completion of the Improvements constructed by Grantee, whichever is sooner, at which time Grantee's rights herein shall be of no further force or effect. Extensions of time, if any, under this Section shall be subject to negotiation and written memorialization by the parties. Page 1 of 4 All work in the Easement pursuant to this Agreement shall be performed in a good and workmanlike manner in compliance with all applicable laws, rules, regulations, ordinances and other requirements of governmental authorities. All such work shall be diligently pursued to completion. The Easement shall be returned to its original graded condition by the Grantee, including reseeding or restoring any landscaping or cropland impacted by Grantee's use of the Easement. 4. Grantee shall indemnify and hold Grantor, Grantor's partners, directors, officers, agents, heirs, and assigns harmless from any and all claims (including attorney fees and costs) related to Grantee's use of the Easement. 5. Each party shall be entitled to all remedies at law or in equity for the enforcement of this Easement. In any action brought to enforce or contest any provision of this Agreement, or to obtain a declaration of the rights or responsibilities of any party hereunder, and except as limited by Colorado law,the prevailing party shall be awarded all costs and expenses (including, without limitation, reasonable attorney's fees and disbursements)incurred by such party in connection with such action. ti The benefits and burdens of this Easement are covenants that touch, concern and run with the land and shall inure to the benefit of, and be binding on, the respective heirs, representatives, successors and assigns of the Grantor and Grantee. 7. The Grantor warrants that it is the owner of the subject property in fee simple and has authority to grant the Easement to Grantee. & This Agreement is not assignable by the Grantee without the Granto's prior written consent. 9 This Easement may be executed in any number of counterparts each of which when so executed shall be deemed to be an original and all of which taken together shall constitute one and the same Easement. EXECUTED as of the date first set forth above. [Signature to follow] s Page 2 of 4 GRANTOR: Saddle Ridge Commons Condominium Association 1 By: Its: NOTARY ACKNOWLEDGEMENT STATE OF COLORADO ) ss COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this I day of Sep�KMbe,— 2024 by 9oY1 i Pme 1;CVL , as President of the Saddle Ridge Commons Condominium Association. My commission expires:JAyg_ W,-Ldll ' Notary Public MIKELLE RAY RITTENHOUSE NOTARY PUBLIC-STATE OF COLORADO NOTARY ID 20234022416 MY COMMISSION EXPIRES JUN 14,2027 Page 3 of 4 EXHIBIT A to Temporary Construction Easement Legal Description of Easement Area [See attached] Page 4 of 4 1w EXHIBIT A j R ENGINEERING TEMPORARY CONSTRUCTION EASEMENT PROPERTY DESCRIPTION A PARCEL OF LAND BEING A PORTION OF TRACT A, THE SECOND REPLAT OF SCENIC VIEWS, P.U.D., RECORDED UNDER RECEPTION NO. 98027263 IN THE RECORDS OF THE LARIMER COUNTY CLERK AND RECORDER, LOCATED IN NORTHWEST QUARTER OF SECTION 16, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF LARIMER, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: THE SOUTH LINE OF THE NORTHWEST QUARTER OF SECTION 16, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, BEING MONUMENTED AT THE WEST END BY A 3-1/4" ALUMINUM CAP STAMPED "PLS 20123 1987" IN A RANGE BOX AND AT THE EAST END BY A 3" ALUMINUM CAP STAMPED "PLS 20123 1989" IN A RANGE BOX, BEARING S89''07'36"E AS REFERENCED TO COLORADO STATE PLANE NORTH ZONE. COMMENCING AT THE WEST QUARTER CORNER OF SECTION 16, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH P.M. THENCE N41'-33'05"E A DISTANCE OF 1,177.18 FEET, TO A POINT ON THE EASTERLY LINE OF TRACT A, THE SECOND REPLAT OF SCENIC VIEWS, P.U.D. RECORDED UNDER RECEPTION NO. 98027263 IN THE RECORDS OF THE LARIMER COUNTY CLERK AND RECORDER AND THE POINT OF BEGINNING; THENCE DEPARTING SAID EASTERLY LINE, S89`59'32"W A DISTANCE OF 50,00 FEET; THENCE ON A LINE BEING 50.00 FEET WESTERLY OF AND PARALLEL WITH SAID EASTERLY LINE, N00°00'28"W A DISTANCE OF 400.77 FEET, TO A POINT ON THE NORTHERLY LINE OF SAID TRACT A; THENCE ON SAID NORTHERLY LINE, S89-'07'37"E A DISTANCE OF 50.01 FEET, TO THE NORTHEASTERLY CORNER OF SAID TRACT A; THENCE ON THE EASTERLY LINE OF SAID TRACT A, S00�00'28"E A DISTANCE OF 400.00 FEET, TO THE POINT OF BEGINNING. CONTAINING A CALCULATED AREA OF 20,019 SQUARE FEET OR 0.4596 ACRES. PROPERTY DESCRIPTION STATEMENT I, DEREK LEE VAGIAS, A PROFESSIONAL LAND SURVEYOR LICENSED IN THE STATE OF COLORADO, DO HEREBY STATE THAT THE ABOVE PROPERTY DESCRIPTION AND ATTACHED EXHIBIT WERE PREPARED UNDER MY RESPONSIBLE CHARGE, AND ON THE BASIS OF MY KNOWLEDGE, INFORMATION AND BELIEF, ARE CORRECT. -EE• CFI DEREK LEE VAGIAS, PROFESSIONAL LAND SURVEYOR o�: !/ ' 't COLORADO NO. 38578 _ 38578 - FOR AND ON BEHALF OF JR ENGINEERING, LLC �a• KK -o w80112 �� •J �J6�x�4J�v 7_00 S.Anton ay.Suite Cd00,Centennial.CO 801 12 303.740.9393•Fax 303 721-9019•www.jrengiiitering.com ONAC L AN� 5/10/2024 X:\3970000.all\3979701Mord'sLegas'.,3979701LX-TCE.docx SHEET I OF 2 EXHIBIT S89'07'37"E 50.01, W ORCHARD PL (27' ROW) P,QO 50.00' 678 .o r. S •� TRACT A, o Qo ��AC LAt� THE SECOND REPL A T OF 0 g SCENIC KEWS, P.U.D. 3 w REC. NO. 98027263 1 00 Go N N O O O O Z UNPLA TTED GENERAL WARRANTY DEED REC. NO. 20210012436 POINT OF BEGINNING N 41'33'05"E 1177.18' _ -- S89'59'32"W 1 50.00' i POINT OF COMMENCEMENT W1/4 COR. SEC. 16 s LINA VERED 3-1/4- ALUMINUM CAP PED: PLS 20123 1987 BASIS OF BEARINGS RANGE BOX S. LINE N47/4 SEC. 16, T7N, R69W, 6TH P.M. S89 07'36`E 2590.83' 100 50 0 100 C114 COR. SEC. 16 RECOVERED 3" ALUMINUM CAP ORIGINAL SCALE: 1" = 100' STAMPED: PLS 20123 1989 IN A RANGE BOX NOTE: THIS EXHIBIT DOES NOT REPRESENT A MONUMENTED SURVEY. IT IS INTENDED ONLY TO DEPICT THE ATTACHED PROPERTY DESCRIPTION. TEMPORARY CONSTRUCTION EASEMENT (IDj-R ENGH4MMING POLESTAR A WaGiin Company PROJECT NO.: 39797.01 DATE: 05/10/2024 SHEET; 2 OF 2 FWCds7o-,eqj- ee.cwaaao,r,�7e �,s