HomeMy WebLinkAboutBLOCK 103 210 WEST MAGNOLIA STREET URBAN LIVING LOFTS AT MAGNOLIA - Filed OA-OTHER AGREEMENTS - 2007-12-13RCPTN 0 98085097 10/01/98 10:42:00 #t PAGES - 5 FEE - ;26.00
M DODENBERGER RECORDER, I,ARIMER COUNTY CO STATE DOC FEE - $.00
EASEMENT AND MAINTENANCE AGREEMENT
THIS AGREEMENT made tbisL'*IW of 1998, by and between
Billy B. Wyatt, Christine A. Martell, L. Allen Weavec�Wyatt, Martell, Weaver), Dale
A. Kruger (Kruger), Lauren Nelson (Nelson) and First National Bank (FNB).
RECITALS OF FACT:
A. Kruger is the owner of certain real property described as Lot 20, Block 103, City of Fort
Collins, also known as 218 West Magnolia, Fat Collins, Larimer County, CO 90521.
B. Wyatt, Martell and Weaver are the owners of certain real property described as Lot 19,
Block 103, in the City of Fat Collins, Colorado also known as 222 West Magnolia Street, Fort
Collins, Larimer County, CO 80521.
C. Nelson is the owner of certain real pmperty described as Lots 1, 2 and 3, Block 103,
City of Fort Collins, Latimer County, Colorado, also known as 210 West Magnolia Street, Fort
Collins, CO 80521.
D. FNB is the owner of certain real property descried as Lots 4,5,6,7,8, the south 40 feet
of Lot 11, Lot 12 and Lot 13, and the vacated 20 foot wide alley, in Block 103, City of Fort Collins,
County of Larimer, State of Colorado.
E. There currently exists an alley that runs north and south with a width of 20' between the
Kruger property and the Nelson property which ultimately connects to the private drive owned by
Wyatt, Martell and Weaver, located at the north side of Lots 19 and 20 and ends at the previously
vacated alley owned by FNB. A legal description and dingtamd of said alleyway is attached as
Exhibit "A".
F. The City has proposed to vacate said alley and grant the property to Kruger, Nelson,
Wyatt, Martell and Weaver. Ms. Nelson world receive the eastern %: of the alley, Ong 10'
x 150'. Kruger would receive the wester % of the easement except for the north 12' representing a
parcel of lard 10' x 138'. Wyatt, Martell and Weaver would receive the northwest corner of the
alley representing a parcel 12' x10'.
NOW THEREFORE, for good and valuable con6derab n, the adequacy of which is
mutually agreed, Wyatt, Martell, Weaver, Nelson, Kruger and FNB agree as follows:
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land Identified as "proposed Alley Vacatioe and legally described ut the attached
Exhibit
b. Grant of pqpC&W Non -Exclusive Easement — Nelson to Krup-cr. Wyatt. Martell
f✓o3 A6XC' C-r• /
Weaver and FNB. Nelson hereby grants a non-exclusive easement for the use of ingress
V and egress to the property owned by Nelson, for the benefit of Wyatt, Martell, Weaver,
Know, and FNB their Leas, successors, assim and invitees to the land owned by Ms.
Nelson as identified as "Proposed Alley Vacation" and legally described in the attached
Exhibit "A".
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benefit 1Krugw.Nelson. -11 B n1 theirheirs. sumessors,assignsand mvA= to
their .n owned by Wyatt, Martell and Weaver as1:ni a -Proposed Alley
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3. Easement to Rum With lard The grant of easement hereunder shad run with the Lund
and shall be binding on and shall anew to the benefit of the parties hereto, their heirs, successors
and assigns.
4. Attorneys Fees Anything to the contrary herein notwithstanding, in the event of any
arbitration or court proceeding regarding the enforcement of this Agreement, such tribunal shall
award the prevailing party its reasonable costs, including reasonable attorneys fees.
5. Mutual Release. Except for the rights expressly reserved and set forth pertaining to this
Agreement, each party does hereby voluntarily and willing, release, discharge and relinquish all
claims, demands, cause of action, whether in law or equity, whether known or unknown,
anticipated or unanticipated, direct or indirect, expressly contingent, whether heretofore asserted or
not, with each of the party now claims to have or have had, now have or claim to have had against
the other party. It is expressly understood that this Agreement represents the full and final
Agreement of the parties with respect to this easement. Any and all understanding among the
parties, either written or verbal, with respect to the subject matter of the Agreement, and including
but not limited to the original contract, prior to the date of this Agreement are superseded by this
Agreement
6. Miscellaneous. This Agreement shall be interpreted and construed in accordance with
the laws of the State of Colorado. This Agreement may only be amended or modified by written
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THE UNDERSIGNED, having caraully read the above and foregoing Easement and
Maintenance Agreement and knowing the contents thereof, and have signed the same on behalf of
each of the parties, first having benefit of legal counsel. Each party forever waives all rights to
assert this Easement and Maintenance Agreement was a mistake of taw or fact.
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year
first written above.
00
att C1 &A.artell
L. Allen Weaver
STATE OF COLORADO }
COUNTY OF LARUVER }
The foregoing instrument was aclmowtedged before me this Ieday of
199 9 by Billy B. Wyatt, Christine A. Martell and L Allen Weaver .
VOTARY
notary Rdloc
PUBLIC :,
..,-
STATE OF COLORADO )
)ss-
COUNTY OF LAREWER )
fir• IMS 1, -30 111, r ,K ,
witness my hand and official seal.
My COMndSdDn Exom June 30, '000
r
NOTARY
P°JE%^. ; Notary Public
STATE OF COLORADO )
)ss-
COUNTY OF LARIMIER )
The foregoing mstrument was acknowledged before me this 2-raay of Sk,�
199j, by Lauren NeLson and Dale Kruger
My commission wq*ew C %,# /Leo l
pf ez�
Rotary Public
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A i
W MAGNOLIA STlZEt="i
DESCRWnON OF ALLEY TO BE VACATED
A tv,=tv (�0.00) foot wide;icy located is Block 103 ofthe City of Fort COMns, Colorado,
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IIII I II I'llllll II IIIIII III IIIIIII LARIMER COUNTYLCOK
RCPTN# 2006-0006498 1102/26/20
5:29:4606
PAGES - 3 FEE $15.00 DOC $0.00 #561452
CONSTRUCTION AGREEMENT
FIAMM
COW M
t4,
This Construction Agreement is entered into this gZ_,, day of January,
between the David L. Edwards Revocable Trust (hereinafter "Edwards") and
Concepts, LLC, a Colorado limited liability company (hereinafter "Urban Living"),
Background
2006, by and
Urban Living
A. Urban Living owns certain real property located in Latimer County, Colorado
known as 210-214 West Magnolia Street, Fort Collins, Colorado 80521, which is legally
described as follows:
The West half of Lots 1, 2, and 3, in Block 103, City of Fort Collins, and a portion
of vacated alley per Ordinance recorded October 21, 1998 as Reception No.
98091890, County ofLarimer, State of Colorado
(the "Urban Living Property").
B. Edwards owns certain real property in Larimer County, Colorado known as 218
West Magnolia Street, Fort Collins, Colorado 80521, which is legally described as follows:
Lot 20, Block 103, of F.J. Spencer's Subdivision of Lots 14, 15 and 16, Block 103,
in the City of Fort Collins, County of Larimer, State of Colorado, and including a
portion of that vacated alley as reflected in Ordinance recorded as Reception No.
98091890, County of Larinter, State of Colorado,
(the "Edwards Property").
C. By Ordinance No. 160, 1998, dated September 15, 1998, as recorded with the
Clerk and Recorder of Larimer County, Colorado on October 21, 1998, at Reception No.
980091890, the City of Fort Collins, Colorado vacated a portion of the public alley right-of-way
within Block 103 of the Plat of the Original City of Fort Collins, Colorado (the "Vacated
Alley"). The Vacated Alley is 20 feet in width and 150 feet in length. The Vacated Alley
immediately joins and separates the Edwards Property and the Urban Living Property. Pursuant
to Ordinance No. 160, 1998, the City of Fort Collins reserved an easement for utility, drainage
and emergency access purposes within the Vacated Alley.
D. The Vacated Alley is paved with minor curb and gutter improvements.
Historically, a portion of the storm water accumulated on the Vacated Alley is conveyed across a
portion of the southeast corner of the Edwards Property through an existing buried PVC pipe of
approximately four inches in diameter (the "Drainage Pipe"). The Drainage Pipe is located on
Original Document Returned to:
JefjreyJ.Johnson
Myatt Brandes & Gast, PC
323 South College Avenue, Suite #1
Fort Collins, Colorado 80524
970) 482-4846
that portion of the Edwards Property legally described on the attached Exhibit A. Edwards is
responsible to maintain the Drainage Pipe.
E. Urban Living intends to improve the Urban Living Property with the construction
of a mixed use residential and commercial condominium project. As part of this construction,
Urban Living has agreed to replace the Drainage Pipe with a covered, above ground drainage pan
to be constructed on that portion of the Edwards Property described as Exhibit A.
F. Edwards has agreed to maintain the newly constructed drainage pan following
construction.
NOW, THEREFORE, in consideration of the mutual promises contained herein and other
good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, it
is agreed as follows:
Agreement
1. Edwards hereby grants to Urban Living a non-exclusive, temporary construction
easement over, across and upon that portion of the Edwards Property described on the attached
Exhibit A (the "Easement Area").
2. The purposes of the temporary construction easement on the Easement Area are
for ingress and egress, and construction of an above -ground, covered drainage pan within the
Easement Area as depicted on the attached Exhibit A (the "Drainage Pan").
3. This temporary construction agreement shall terminate on December 31, 2007,
without further action or the recording of further documents by either Edwards or Urban Living.
4. Edwards acknowledge that the Drainage Pan is intended to convey storm water
that accumulates in the Vacated Alley to the public easement on West Mulberry Street, Fort
Collins, Colorado. The City of Fort Collins, Colorado may inspect from time to time the existing
drainage easement and Drainage Pan.
Upon completion of construction, Edwards agrees to maintain the Drainage Pan.
6. The temporary construction easement and rights and privileges herein shall run
with the lands described above and shall be a burden upon said lands binding the parties hereto,
their heirs, successors and assigns.
David L. Edwards Revocable Trust
I:I &W-2 � Nis e M_
C:1Dmmeo,m S-M-V�IeLL-e Sw OT.V"v fta F.M6Cmmt.WMMQ251MUC0Ns7x0kn0N AartEEM�.a
By: /
Paula R. Edwards, Trustee I
Urban Living Concepts, LLC,
a Colorado limited liability company
By:
Alan B. Strope, Member
State of Colorado )
) ss
County of Larimer )
The foregoing instrument was acknowledged before me this &(o day of
2006, by David L. Edwards and Paula R. Edwards, Trustees of the David L. Edwards Revocabl
Trust.
Witness my hand and official seal.
My commission expires:
State of Colorado )
) ss
County of Larimer )
The foregoing instrument was acknowledged before me this 26' day of �AZ,w ,
2006, by Alan B. Strope, Member of Urban Living Concepts, LLC, a Colorado limited�ty
company.
Witness my hand and official seal.
My commission expires:
10
��PREE L. Hi�
TARY':
Public
PUBLIC.: :
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