HomeMy WebLinkAboutPROSPECT INDUSTRIAL PARK REPLAT OF LOT 19 - Filed ED-EASEMENT DEDICATION - 2008-06-12RECEPTION#: 20070022969, 03/28/2007 at
02:63:57 PM,
PURPORTED COPY 1 OF 6, R $26.00
Scott Doyle, Larimer County, CO
C DEED OF SLOPE EASEMENT
(MARJORIE C. LYNCH MARITAL TRUST PROPERTY)
This Deed of Slope Easement is made by the Marjorie C. Lynch Marital Trust, 3705
Cumulus View, Colorado Springs, Colorado 80904, ("Grantor") to Hess Land LLC, a Colorado
limited liability company, 1312 Blue Spruce #6, Fort Collins, Colorado 80524 ("Grantee").
1. Grant of Easement. For valuable consideration, the receipt and sufficiency of
which are acknowledged, Grantor, as the owner of Lot 18, Prospect Industrial Park, City of Fort
Collins, Larimer County, Colorado ("Grantor's Property"), grants, bargains, conveys, delivers,
transfers and sells to Grantee, its successors and assigns, an exclusive slope easement across and
upon that portion of Grantor's Property described and depicted on Exhibit A, attached and
incorporated by reference (the "Easement"). The Easement is permanent with the exception that
it maybe terminated as provided in Section 9 below.
2. . Purposes. The purposes of the Easement are for Grantee's construction,
placement and installation of a dirt slope within the Easement (the "Slope') providing sublateral
support to Lot 19, Prospect Industrial Park, City of Fort Collins, County of Larimer, State of
Colorado, which real property is owned by Grantee ("Grantee's Property"). Grantee's Property
lies northwesterly of (and at an elevation higher than) the Grantor's Property. The Easement is
for the benefit of and appurtenant to Grantee's Property.
3. Indemnification. Grantee shall indemnify and hold Grantor harmless from and
against any and all claims, demands, suits, damages, losses, costs and expenses (including
reasonable attorneys fees) arising from any negligence of Grantee, its contractors or agents, in
the construction of the Slope.
4. Reveeetation. Following Grantee's construction of the Slope, Grantee will
promptly seed the Slope with native grasses. Grantor shall not use or disturb the Slope.
5. Slone Construction Standards. Grantee will use the type of fill for construction of
the Slope as recommended by its engineer, and will compact the Slope in accordance with the
recommendations from its engineer. Grantee will not enter, store equipment or otherwise
conduct activities on Grantor's Property that are not directly related to the Slope construction.
During construction of the Slope, Grantee will notify the Grantor of any damage caused to
improvements on the Grantor's Property.
6. Maintenance. Grantor shall be solely responsible for maintaining the Slope and
keeping it in good repair and condition so that the Slope is not subjected to erosion, and
otherwise provides the necessary sublateral support for the Grantee's Property.
7. Insurance. Prior to commencement of the Slope construction, Grantee will
provide Grantor with proof of liability and workers compensation insurance in the name of
Grantee's general contractor for the construction project.
After recording, return to: Richard S. Gast, Myatt Brandes & Gast PC
323 S. College Avenue, Suite 1, Fort Collins, CO 80524
2' SLOPE EASEMENT EXHIBIT LOTS 3 & 6
PROSPECT INDUSTRIAL PARK
(2 of 2)
N
OT3
VUSTR[AL PARK
1LOWGCORP.)
2' OF
Y 138'
20' 10' 0 20'
1"=20'
2' SLOPE EASEMENT
300 Sq. Ft.
LOT1P
PROSPECTGVDUSTRIAL PARK
THE WESTERLY 2' OF
THE NORTHERLY 12'
OF LOT 6
NOTE: This exhibit drawing is not intended to be a
monumented land survey. It's sole purpose Is as a
graphic representation to old in the visualization of
the written property description which it accompanies.
The written property description supersedes the
exhibit drawing.
KING SURVEYORS, INC.
650 Garden Drive I Windsor, Colorado 80550
phone: (970) 686-5011 1 fax: (970) 686-5821
wtvtv.kingsurveyors.com
LOT6
(LCSBV"BVGCORP.
k 12'
LOTIS
PROJECT NO:2006521
DATE: 1-25-07
CLIENT: INTERWEST
DWG: 2006521EXH-01
DRAWN: SITS CHECKED:LSP
8. Cooperation for Development of Grantor's Propertv. Grantee shall cooperate
with and support Grantor's future development of the Grantor's Property, provided that such
cooperation and support shall be at no additional cost to Grantee.
9. Termination of Easement. If Grantor's Property is subsequently developed and its
surface raised such that the Slope is no longer necessary, and sufficient sublateral support is
otherwise provided for Grantee's Property, then this Easement shall terminate. To evidence such
termination in the public records, Grantee shall execute and record a termination and release of
this Easement with the Clerk and Record of Larimer County, Colorado.
10. Grantor's Expenses. Grantee will pay the reasonable eng2tering expenses and
reasonable attorneys' fees actually incurred by Grantor, not to exceed in connection
with negotiating and signing this Easement.
11. Runs With the Land. The Easement shall run with the land, and shall be binding
upon and inure to the benefit of the parties and their respective successors and assigns.
Dated this day of
STATE OF COLORADO )
ss.
COUNTY OF EL PASO )
2007.
GRANTOR:
Marjorie C. Lynch Marital Trust
By
Robert J. Lynch, Vustee
Acknowledged before me this day of , . 2007, by Robert J.
Lynch, as Trustee of the Marjorie C. Lynch Marital Trust.
Witness my hand and official seal.
My commission expires:
Notary Public
N\YIPPR5401e,,, PUM401t Riw P IIIIllyndT 1 E..t\d)eedorSW,.Bue 021507.d.
.2
GRANTEE:
Hess Land LLC, a Colorado limited liability
company
By:
Patrick A. Hess, President
STATE OF COLORADO )
ss.
COUNTY OF LARIMER )
Acknowledged before me this 14 day of 4-�if6 2007, by Patrick A.
Hess, as President of Hess Land LLC, a Colorado limited liabilio company.
Witness my hand and official seal.
My commission expires:
Notary Public
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3
PURPORTED COPY RECEPTION#: 20070022970, 03/28/2007 at
NOT COMPARED I OF 5, R $26
1 OF 5, R $26.00
Copy Scott Doyle, Larimer County, CO
DEED OF SLOPE EASEMENT
(LCS BUILDING CORPORATION PROPERTY)
This Deed of Slope Easement is made by LCS Building Corporation, a Coloradc
nonprofit corporation, 1725 Sharp Point Drive, Fort Collins, Colorado 80525, ("Grantor") tc
Hess Land LLC, a Colorado limited liability company, 1312 Blue Spruce #6, Fort Collins,
Colorado 80524 ("Grantee").
For valuable consideration, the receipt and sufficiency of which are acknowledged,
Grantor, as the owner of Lots 3 and 6, Prospect Industrial Park, City of Fort Collins, Latimer
County, Colorado ("Grantor's Property"), grants, bargains, conveys, delivers, transfers and sells
to Grantee, its successors and assigns, an exclusive slope easement across and upon the real
property described and depicted on Exhibit A, attached and incorporated by reference (the
"Easement'). The Easement is permanent with the exception that if Grantor's Property is
subsequently developed and its surface raised such that the Slope is no longer necessary, and
sufficient sublateral support is otherwise provided for Grantee's Property, then this Easement
shall terminate. To evidence such termination in the public records, Grantee shall execute and
record a termination and release of this Easement with the Clerk and Record of Latimer County,
Colorado,.
The purposes of the Easement are for Grantee's construction, placement and installation
of a dirt slope within the Easement (the "Slope") providing sublateral support to Lot 19, Prospect
Industrial Park, City of Fort Collins, County of Latimer, State of Colorado, which real property
is owned by Grantee ("Grantee's Property). Grantee's Property lies southwesterly of (and at an
elevation higher than) Grantor's Property. The Easement is for the benefit of and appurtenant to
Grantee's Property.
Following Grantee's construction of the Slope, Grantee will promptly seed the Slope with
native grasses.
Grantor shall be solely responsible for maintaining the Slope and keeping it in good
repair and condition so that the Slope is not subjected to erosion, and otherwise provides the
necessary sublateral support for the Grantee's Property.
The Easement shall run with the land, and shall be binding upon and inure to the benefit
of the parties and their respective successors and assigns.
Dated this 27 ilk day of 2007.
[Signature page follows.]
M1GIG d13/340�
After recording, return to: Richard S. Gast, Myatt Brandes & Gast PC
323 S. College Avenue, Suite 1, Fort Collins, CO 80524
GRANTOR:
LCS Building Corporation, a
Colorado corporation
i%J1111 fill
^N
+•� Pdter C. Kast, President
�8LJO q�
STATE OF COLORADO ) �0 i 0O`
ss.
COUNTY OF LARIMER ) 7
Acknowledged before me this � / day of C.=Y- k 2007, by Peter C.
Kast, as President of LCS Building Corporation, a Colorado corporation.
Witness my hand and official seal.
My commission expires:�('� Q B �_
Not Public
H1WORSOHNS.PmVAA*im Dnw PmpmlylLCS Huildn Cory Hue mMadofSloa Eme trSISOl.dw
2
02/28/2007 14:02 970-282-1080 REALTEC CCMdERCIAL PAGE 05/07
RATIFICATION BY WELLS FARGO RANK, NATIONAL ASSOCIATION
The undersigned, having a security interest in the real property described on Exhibit A
(attached and incorporated by reference) evidenced by the Mortgage and Loan Agreement
recorded with the Clerk and Recorder of Lorimer County, Colorado on December 20, 2003 at
Reception Number 2003-0162320 approves, ratifies, joins in, conSrma and consents to the
150tegoing Deed of Slope Easement for the purpose of subordinating the referenced Mortgage and
Loan Agreement to the Easement
Datedtbis 23 dayof March 2007.
Wells Fargo Bank, National Association
sistan Vice President
STATE OF COLORADO )
)ss.
COUNTY OF 1
Acknowledged before me this 23 day of March . 2007, by Jennifer
M. Petruno .as A.V.P of Wells Fargo Bank, National Association.
hand and official seal.
iree: 4 / 15/2009 4 .
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No� Public
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PROPERTY DESCRIPTION
6 Foot Slope Easement
(1 of 2)
A portion of Lot Eighteen (18) of Prospect Industrial Park as recorded on April 25, 1979
at Reception No. 303647 in the Records of Latimer County, located in the North Half
(Nl/2) of Section Twenty (20), Township Seven North (T.7N.), Range Sixty-eight West
(R.68W.) of the Sixth Principal Meridian (6`h P.M.), City of Fort Collins, County of
Larimer, State of Colorado, and being more particularly described as follows:
The Northerly Six (6) feet of said Lot 18, abutting Lot 19 of said Prospect Industrial Park.
Said Parcel contains 1,500 sq. ft. more or less (+/-), and is subject to any rights -of -way or
other easements of record as now existing on said described parcel of land.
SURVEYORS CERTIFICATE
I, Lawrence S. Pepek, a Colorado Registered Professional Land Surveyor do hereby state
that this Property Description was pre YAd under my personal supervision and checking,
and that it is true/J�(]d correct to t .0 owledge and belief.
Layfce S. Pepek - on befa Kiifg Survey
CoToorado Registered Professio
Land Surveyor #33642\SONAL_
KING SURVEYORS, INC.
650 Garden Drive
Windsor, Colorado 80550
(970) 686-5011
6' SLOPE EASEMENT EXHIBIT LOT 18
PROSPECT INDUSTRIAL PARK
(2 of 2) A
LOT3
A
LOT6
LOT19 THE NORTHERLY 6'
OF LOT 18
PROSPECT/NDUSA?IAL PARK
LOT IS
X1,500sq.ft.
OSPECT,aDVSTRIAL PARK
V7.MAR.N7RIPC, MARML 7RU3TJENT
30' 15' 0 30'
� 1" = 30'
Land Surveyor #33642 S
S ��NAL LPNO
NOTE: This exhibit drawing is not intended to be a
monumented land survey. It's sole purpose is as a
graphic representation to aid in the visualization of
the written property description which it accompanies.
The written property description supersedes the
exhibit drawing.
KING SURVEYORS, INC. PROJECT NO:2006521
650 Garden Drive I Windsor, Colorado 80550 DATE: 1-25-07
phone: (970) 686-5011 1 fax: (970) 686-5821 CLIENT: INTERWEST
w .lungsurveyors.com DWG: 2006521 EXH_02
DRAWN:BTB CHECKED:LSP
w
PROPERTY DESCRIPTION
2 Foot Slope Easement
(1 of2)
A portion of Lots Three (3) and Six (6) of Prospect Industrial Park as recorded on April
25, 1979 at Reception No. 303647 in the Records of Larimer County, located in the North
Half (N1/2) of Section Twenty (20), Township Seven North (T.7N.), Range Sixty-eight
West (R.68 W.) of the Sixth Principal Meridian (61h P.M.), City of Fort Collins, County of
Latimer, State of Colorado, and being more particularly described as follows:
The Westerly 2.00 feet of the Southerly 138.00 feet of said Lot 3 together with the
Westerly 2.00 feet of the Northerly 12.00 feet of said Lot 6, all abutting Lot 19 of said
Prospect Industrial Park.
Said Parcel contains 300 sq. ft. more or less (+/-), and is subject to any rights -of -way or
other easements of record as now existing on said described parcel of land.
I, Lawrence S. Pepek, a Color p d Professional Land Surveyor do hereby state
that this Property Descripti der my personal supervision and checking,
and that it is true and corr 3t9 e best nowledge and belief.
U. v
Lence S. Pepek - on bahjgr ors, Inc.
Colorado Registered Profession
Land Surveyor 433642
KING SURVEYORS, INC.
650 Garden Drive
Windsor, Colorado 80550
(970)686-5011