HomeMy WebLinkAboutTOWN SQUARE 1250 WEST ELIZABETH STREET MCDONALDS - Filed OA-OTHER AGREEMENTS - 2003-11-04l
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ACCESS AND PARKING EASEMENT AND AGREEMENT
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V\ THIS AGREEMENT is made and entered into this 23rd day of
September, 1997, by and between JEFFERY M. DONALDSON and JOHN M.
DONALDSON, whose address for purposes of this Agreement is 4529
South Stover Street, Fort Collins, CO 80525 ("Donaldsons"), and
ELIZABETH CENTER CO., LLP, a registered limited liability partner-
ship, formerly known as ELIZABETH CENTER CO., a Colorado general
partnership, the address of which for purposes of this Agreement is
1108 Birdie Road, Broomfield, CO 80020 ("Elizabeth Center Co.,
V, LLP") .
WITNESSETH:
WHEREAS, Donaldsons are the ownersof the real property
legally described on Exhibit "A" attached hereto and incorporated
C; herein by reference ("the Donaldson Property").
-r-, WHEREAS, Elizabeth Center Co., LLP, is the owner of all of
() Town Square, a planned unit development situated in the Northeast
1/4 of Section 15, Township 7 North, Range 69 West of the 6th P.M.,
j�j City of Fort Collins, County of Larimer, State of Colorado,
according to the recorded plat thereof, except the Donaldson
Property ("the Elizabeth Center Co., LLP, Property").
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WHEREAS, the parties hereto desire to grant to each other
perpetual, nonexclusive access and parking easements over, across,
and upon their respective properties as set forth in this Agreement
~ ("the Easements").
NOW, THEREFORE, for and in consideration of the mutual
promises and covenants herein contained and other good and valuable
consideration, the receipt and adequacy of which are hereby
confessed and acknowledged, the parties hereto agree as follows:
1. Grant of Easement.
(a) Incrress and Egress. Donaldsons and ElizabethCenter
Co., LLP, for themselves, their heirs, personal representatives,
successors, assigns, employees, tenants, residents, contactors,
and guests, do by these presents, grant unto the other, their
heirs, personal representatives, successors, assigns, employees,
tenants, residents, contractors, and guests, the perpetual right
and easement to walk on and to ride on and travel in any currently
licensed vehicle upon the property of the other for the purpose of
ingress and egress to and from their respective properties over
such portion of each party's respective property as shall be from
time to time reserved for riding, driving, and pedestrian traffic.
(b) Parking. Donaldsons and Elizabeth Center Co., LLP,
for themselves, their heirs, personal representatives, successors,
assigns, employees, tenants, residents, contractors, and guests, do
by these presents, grant unto the other, their heirs, personal
representatives, successors, assigns, employees, tenants, resi-
dents, contractors, and guests, the perpetual right and easement to
park any currently licensed bicycle or motor vehicle for periods of
time not to exceed forty-eight (48) consecutive hours on such
portion of each party's respective property as may, from time to
time, be reserved for parking purposes, provided that any parked
motor vehicle shall not exceed six thousand five hundred (6,500)
pounds gross vehicle weight.
(c) Adjacent Properties. Elizabeth Center Co., LLP, for
itself and its successors and assigns, does by these presents grant
unto Donaldsons, their heirs, personal representatives, assigns,
employees, tenants, residents, contractors, and guests, and
reserves unto itself and its successors, assigns, employees,
tenants, residents, contractors, and guests, the nonexclusive,
perpetual easements set forth in that certain Agreement for Parking
and Access by and between Elizabeth Center Co., a Colorado general
partnership, and McDonald's Corporation, a Delaware corporation,
dated July 14, 1976, and recorded July 16, 1976, in Book 1710 at
Page 843 of the Larimer County, Colorado, records and that certain
Easement Agreement by and between Elizabeth Center Co., a co-
partnership and Poudre Valley Construction Co., Inc., a Colorado
corporation, dated March 18, 1982, and recorded March 25, 1982, in
Book 2160 at Page 518 of the Larimer County, Colorado, records,
subject to all of the terms, covenants, conditions, and provisions
contained in said instruments.
2. Regulation of Easements. Donaldsons and Elizabeth Center
Co., LLP, and their heirs, personal representatives, successors,
and assigns, shall have the right to promulgate and enforce
reasonable rules and regulations governing the use and operation of
that portion of their respective properties which are subject to
the Easements. Donaldsons and Elizabeth Center Co., LLP, and their
heirs, personal representatives, successors, and assigns, shall
cooperate and work together in the promulgation and enforcement of
such rules and regulations so as to maximize the compatible and
integrated use of their respective properties.
3. Maintenance of Easements. The parties shall maintain in
good condition and repair, or cause to be so maintained and
repaired, their respective properties wi,ich are subject to the
Easements in such a manner as to reasonai;ly carry out the object
and purpose of the Easements, which duty :;hall include, by way of
illustration and not limitation, the foll.Dwing:
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(a) Maintenance of all asphalt and concrete surfaces at
such grades and levels that they may be used and enjoyed as
integrated and homogeneous common areas; in a level, smooth, and
evenly covered condition, free of breaks, cracks, and defects which
may impair their use, and with materials of good quality and
durability.
(b) The prompt removal of all dirt, debris, refuse, ice,
and snow, as may be reasonably necessary to keep the areas in a
neat, clean, usable, and safe condition.
(c) Erection, replacement, and maintenance as may be
reasonably necessary of all directional signs and lighting
installations and equipment, and the striping, lining, and arrowing
of asphalt surfaces.
(d) Maintenance of retaining walls and perimeter fences
in good condition and repair.
(e) Maintenance of all landscaped areas, including
reasonable irrigation, and the general maintenance of all vegeta-
tion thereof.
The parties may construct, install, and maintain
retaining walls and traffic control islands and structures, fences,
and landscaping on and between their respective properties
reasonably designed to control and direct traffic or to buffer and
define property lines so long as they do not impede the efficient
flow of traffic or parking of vehicles nor interfere with the
integrated and cooperative use by all persons legally entitled to
use the respective easement areas.
4. Remedies Upon Default. In the event of default, the
nondefaulting party shall have the right to an action for specific
performance or damages, or both.
5. Attornev's Fees. In the event of any litigation arising
out of this Agreement, the prevailing party shall be awarded its
costs and reasonable attorney's fees.
6. Binding Effect. The easement granted herein and the
other provisions hereof shall be covenants running with the land
and shall be binding upon and inure to the benefit of the parties
hereto and their respective heirs, personal representatives,
successors, and assigns.
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IN WITNESS WHE F, the parties hereto have executed this
Agreement as of the d y year first above written.
ELIZABETH CENTER CO., LLP, a
JEFFERY KV DONALDSON registered limited liability
�- p1 partnership, f/k/a ELIZABETH
CENTER CO., a Colorado general
JOVN M. DONALDSON partnership
BY: RLK CO., a Colorado gen-
eral partnership, its
Managing General Partner
ROBERT L. KRUMVIEDA, its
General Partner '
ST,�TE OF COLORADO )
) ss.
COUNTY OF LARIMER )
The foregoing instrument was subscribed, sworn to, and
acknowledged before me this 23rd day of September, 1997, by JEFFERY
M. DONALDSON and JOHN M. DONALDSON.
Witness my hand and official seal.
My commission expires:
No ary;Pub3ic
STATE OF COLORADO )
ss.
COUNTY OF LARIMER )
The foregoing instrument was subscribed, sworn to, and
acknowledged before me this 23rd day of September, 1997, by ROBERT
L. KRUMVIEDA, General Partner of RLK CO., a Colorado general
partnership, Managing General Partner of ELIZABETH CENTER CO., LLP,
a registered limited liability partnership, f/k/a ELIZABETH CENTER
Co., a Colorado general partnership.
Witness my hand and official seal.j
My commission expires:
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Notary Pu 3