HomeMy WebLinkAboutLegal - Easement - 11/03/2025 (2)TEMPORARY CONSTRUCTION EASEMENT
THIS TEMPORARY CONSTRUCTION EASEMENT ("Easement"), dated October 31, 2025
2025 ("Effective Date") is entered into between Latte Love, LLC ("Grantor") and Zocalo
Cotnmunity Developtncnt ("Grantee"), whose address fi)l' purposes of this Eascmcnt is 455Sherman Street, #205, Denver, CO 80203.
WHEREAS, as required by the City of Fort Collins ("City") related to Grantee'sdevelopment efforts on adjacent property, Grantor desires to convey to Grantee, and
Grantee desires to receive from Grantor, a Tem porary Construction Easement across certainreal property owned by Grantor, described in Exhibit A attached hereto and incorporatedherein ("Easement Area"), for the purpose specified herein, on the terms 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:
l.Grantor hereby grants and conveys to Grantee a Temporary Construction Easement in,on, over, under, across and through the Easement Area, as more particularly described onExhibit A exclusively for the purpose of grading tie in which includes supporting
functions of surveying, testing, sampling, removal of trees and vegetation, restoration, &revegetation ("Improvements") on Grantor's real property in the City of Fort Collins,Larimer County, Colorado. Grantee also shall have the right to excavate, fill andtemporarily change the grade of the Easement Area, install environmental and erosion
control measures, move, place and store materials, fill, equipment and any other itemsrelated to the purposes set forth herein on, over, under, across and through the EasementArea 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 theright 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.All individuals or entities entering the easement area for purposes related to construction,management, or oversight shall be properly insured in accordance with ZocaloCommunity Development's insurance policies and requirements. Furthermore, ZocaloCommunity Development agrees to indemnify, defend, and hold harmless the Grantorfrom and against any and all claims, liabilities, damages, or expenses, includingreasonable attorney fees, arising out of or related to the activities conducted within theeasement area by Zocalo or its contractors, agents, or representatives.
4.The term of this Easement shall take effect upon mutual execution of this instrument, butGrantee shall not exercise its rights herein unless Grantee provides Grantor written noticeof no less than ten (10) days prior to entry. The temporary rights granted herein shall
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TEMPORARY CONSTRUCTION EASEMENT
THIS TEMPORARY CONSTRUCTION EASEMENT ("Easement"), dated October 3 1, 20252025 ("Effective Date") is entered into between Latte Love, LLC ("Grantor") and ZocaloCommunity Development ("Grantee"), whose address for purposes of this Easement is 455Sherman Street, #205, Denver, CO 80203.
WHEREAS, as required by the City of Fort Collins ("City") related to Grantee'sdevelopment efTorts on adjacent property, Grantor desires to convey to Grantee, andGrantee desires to receive from Grantor, a Temporary Construction Easement across certainreal property owned by Grantor, described in Exhibit A attached hereto and incorporatedherein ("Easement Area"), for the purpose specified herein, on the terms and conditions setforth herein.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency ofwhich are hereby acknowledged, Grantor and Grantee hereby agree as follows:
l.Grantor hereby grants and conveys to Grantee a Temporary Construction Easement in,on, over, under, across and through the Easement Area, as more particularly described onExhibit A exclusively for the purpose of grading tie in which includes supportingfunctions of surveying, testing, sampling, removal of trees and vegetation, restoration, &revegetation ("Improvements") on Grantor's real property in the City of Fort Collins,Larimer County, Colorado. Grantee also shall have the right to excavate, fill andtemporarily change the grade of the Easement Area, install environmental and erosioncontrol measures, move, place and store materials, fill, equipment and any other itemsrelated to the purposes set forth herein on, over, under, across and through the EasementArea and to undertake any other activity reasonably related to the constructioncontemplated by this Easement or the Improvements.
2.The Grantee, its agents, successors and permitted assigns, shall have and exercise theright 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.All individuals or entities entering the easement area for purposes related to construction,management, or oversight shall be properly insured in accordance with ZocaloCommunity Development's insurance policies and requirements. Furthermore, ZocaloCommunity Development agrees to indemnify, defend, and hold harmless the Grantorfrom and against any and all claims, liabilities, damages, or expenses, includingreasonable attorney fees, arising out of or related to the activities conducted within theeasement area by Zocalo or its contractors, agents, or representatives.
4.The term of this Easement shall take effect upon mutual execution of this instrument, butGrantee shall not exercise its rights herein unless Grantee provides Grantor written noticeof no less than ten (10) days prior to entry. The temporary rights granted herein shall
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expire two (2) years after the EITective Date, or upon the date which is sixty (60) daysafter the City's written acceptance of the completion the Improvements constructed byGrantee, whichever is sooners at which time Grantee's rights herein shall be of no furtherforce or Extensions of time, if any, under this Section shall be subject tonegotiation and written tnemorialization by the parties.
5.Upon completion of construction activities, Grantee shall restore the grade of the
Easement Area to as near a condition as it was in prior to the commencement of Grantee's
activities pursuant to this Easement as is reasonably practicable, or as otherwise required
or approved by the City.
6.Upon expiration of the ten-day notice period described in Section 3 above, Grantor, foritself and its successors and assigns, shall not access the Easement Area withoutproviding prior written notice to Grantee and receiving Grantee's written approval, whichshall not be unreasonably withheld, conditioned, or delayed. Notwithstanding theforegoing, Grantor shall not be held liable or responsible for any unauthorized access tothe Easement Area by residents of neighboring communities or any third parties notacting under the direction or control of Grantor. In the event Grantor violates anyprovision of this Easement, Grantor shall promptly cure such violation upon receipt ofwritten notice from Grantee.
7.Each party shall be entitled to all remedies at law or in equity for the enforcement of thisEasement.
8.The benefits and burdens of this Easement are covenants that touch, concern and run withthe land and shall inure to the benefit of, and be binding on, the respective heirs,representatives, successors and assigns of the Grantor and Grantee.
9.The Grantor warrants that it is the owner of the subject property in fee simple and hasauthority to grant the Easement to Grantee.
10.This Easement may be executed in any number of counterparts, each of which when soexecuted shall be deemed to be an original and all of which taken together shall constituteone and the same Easement.
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EXECUTED as of the date first set forth above.
GRA O
By:henIts:
NOTARY ACKNOWLEDGEMENT
STATE OF COLORADO )
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this day of
2025 bySw-phe.&••. <Title> of <Grantor>.
My commission expires:
Notary P ic
JONES
NOTARY PUBLIC - STATE OF COLORADO
NOTAR€ ID 20214001778
MY COMMISSION EXPIRES JAN 14, 2029
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EXHIBIT A to Temporary Construction Eascmcnt
Legal Description of Eascmcnt Arca
[See attached]
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J R ENGINEERING
EXHIBIT
TEMPORARY CONSTRUCTION EASEMENT
COLLEGE & TRILBY
PROPERTY DESCRIPTION
A PARCEL OF LAND BEING A PORTION OF LOT 2, C.O.L. COLLEGE AND TRILBY SUBDIVISION, RECORDED
UNDER RECEPTION NO. 20050025365 IN THE RECORDS OF THE LARIMER COUNTY CLERK AND RECORDER,
LOCATED IN THE SOUTHEAST QUARTER OF SECTION 1 1, TOWNSHIP 6 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 NORTH LINE OF THE SOUTHEAST QUARTER OF SECTION 11, TOWNSHIP 6 NORTH,
RANGE 69 WEST OF THE 6TH P.M., BEING MONUMENTED AT THE EAST END BY A 2-
1/2" ALUMINUM CAP IN A RANGE BOX STAMPED "LS 20676 2014" AND AT THE WEST
END BY A 2-1/2" ALUMINUM CAP STAMPED "LS 23513", BEARING S88 027'19nw AS
REFERENCED BY COLORADO STATE PLAN NORTH ZONE.
COMMENCING AT THE EAST QUARTER CORNER OF SECTION 1 1 , TOWNSHIP 6 NORTH, RANGE 69 WEST OF
THE 6TH PRINCIPAL MERIDIAN;
THENCE Sl 0022'21"W A DISTANCE OF 2192.17 FEET, TO THE NORTHWESTERLY CORNER OF LOT 2, C.O.L
COLLEGE AND TRILBY SUBDIVISION, RECORDED UNDER RECEPTION NO. 20050025365 IN THE RECORDS OF
THE LARIMER COUNTY CLERK AND RECORDER, AND THE POINT OF BEGINNING;
THENCE ON THE NORTHERLY LINE OF SAID LOT 2, N88027'38"E A DISTANCE OF 223.56 FEET;
THENCE DEPARTING SAID LINE, S01 03222"E A DISTANCE OF 20.00 FEET;
THENCE S88027'38'W A DISTANCE OF 203.86 FEET;
THENCE A DISTANCE OF 188.36 FEET, TO THE SOUTHERLY LINE OF SAID LOT 2;
THENCE ON SAID SOUTHERLY LINE, S890 19'47"W A DISTANCE OF 20.00 FEET, TO THE SOUTHWESTERLY
CORNER OF SAID LOT 2;
THENCE ON THE WESTERLY LINE OF SAID LOT 2, N00040'19"W A DISTANCE OF 208.06 FEET, TO THE POINT OF
BEGINNING.
CONTAINING A CALCULATED AREA OF 8,238 SQUARE FEET OR 0.1891 ACRES.
PROPERTY DESCRIPTION STATEMENT
l, 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.
DEREK LEE VAGIAS, PROFESSIONAL LAND SURVEYOR
COLORADO NO. 38578 38578FOR AND ON BEHALF OF JR ENGINEERING, LLC
7200 S Alton way. suite C400. Centenmal. co 801 12
• Fax 303-721-9019 • www.rengineering.com3/13/2025 SHEET 1 OF 2
EXHIBIT POINT OF COMMENCEMENT
cr/4 COR. SEC. '1,El/4 COR. SEC. 11,
r.6N, R.69W, P.M.r.6N, R.69W, 6TH P.M.
RECOVERED 2.5" ALUU/NUU CAP RECOVERED 2.5" ALUU/NUU CAP
STAUPEDtS 23513"W A RANGE BOX
BASIS OF BEARING STAUPED"LS 20676 2014"
N. LINE SEI/4 SEC.11, 7.6M, R.69W, 6TH P.M.
S8827'19"W 2574.38'
POINT OF
BEGINNING
NW CORNER
LOT 2
30' DRAINAGE EASEMENT
REC. NO. 20240000494
UNPLA
REC. NO. 20210088841
20' DRAINAGE EASEMENT
REC NO 96004313
N8827'38"E 223.56'
S8827'38•w 203.86'
20' SANITARY SEWER EASEMENT
CROSS ACCESS EASEMENT
REC. NO 20220015185
sol •32'22'E20.00'
REC. NO. 2004-0027861
LOT 2,
C.O.L. COLLEGE AND JR/LBY SUBDMS/ON10REC. NO. 20050025365
.1./cc
38578
S8919'47"w LOT 1,
c.o.L. COLLEGE AND20.00'TRILBY SUBD/VIS/ON oviÜ
REC. NO. 20050025365
NOTE: THIS EXHIBIT DOES NOT REPRESENT A MONUMENTED SURVEY. IT
IS INTENDED ONLY TO DEPICT THE ATTACHED PROPERTY DESCRIPTION.
TEMPORARY CONSTRUCTION EASEMENT
50 25 50
ORIGINAL SCALE: 1" - 50
ENGNæXNG
TRILBY & COLLEGE
PROJECT NO.: 39793.03
DATE: 3/13/2025 SHEET 2 OF 2
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