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HomeMy WebLinkAboutEAST RIDGE - PDP - 33-98D - SUBMITTAL DOCUMENTS - ROUND 1 -qD EXHIBIT A TO AGREEMENT BETWEEN TRI-TREND, INC. AND E. H. AND PATRICIA A. BARKER DESCRIPTION OF TRI-TREND PROPERTY A TRACT OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 8, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH P.M., LARIMER COUNTY, COLORADO. COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 8, T7N, R68W, SAID POINT BEING MARKED BY A NO. 6 REBAR AND 2-1/2" ALUMINUM CAP STAMPED LS 28285; AND CONSIDERING THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 8 TO BEAR S00017'10"W, (EAST QUARTER CORNER OF SAID SECTION 8 BEING MARKED BY A NO. 6 REBAR AND 2" ALUMINUM CAP STAMPED LS 7839), WITH ALL OTHER BEARINGS RELATIVE THERETO; THENCE ALONG THE EAST LINE OF SAID NORTHEAST QUARTER OF SECTION 8, S00017'10"W, 80.01 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID EAST LINE S00017'10"W, 2567.83 FEET (PREVIOUSLY DESCRIBED AS S00017'05"W, 2567.51 FEET) TO THE EAST QUARTER CORNER OF SAID SECTION 8; THENCE ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 8, N88050'31"W, 2285.46 FEET (PREVIOUSLY DESCRIBED AS N88050'34"` ' 2285.48 FEET); THENCE N00042'43"E, 56.00 FEET (PREVIOUSLY DESCRIBED AS N00042'47"E, 56.00 FEET); THENCE N88050'31 "W, 344.01 (PREVIOUSLY DESCRIBED AS N88050'34"W, 344.01 FEET) TO A POINT ON THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 8; THENCE ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 8, N00042'43"E, 2510.01 FEET (PREVIOUSLY DESCRIBED AS N00042'47"E, 2510.04 FEET) TO A POINT 80.00 FEET SOUTH OF THE NORTH QUARTER CORNER OF SAID SECTION 8; THENCE ALONG A LINE PARALLEL WITH AND 80 FEET SOUTH OF THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 8, S88052'37"E, 2610.38 FEET (PREVIOUSLY DESCRIBED AS S88052'13"E, 2610.28 FEET) TO THE POINT OF BEGINNING. NOTE: This Exhibit is a general depiction based in part on preliminary utility drawings prepared by TST Inc. Consulting Engineers. The utility drawings are subject to change and, consequently, the portions of this Exhibit based on the utility drawings are also subject to change. TRACT 2(EXNISIT V'7 t .W rtwr �u,wu�. ruu r w nomcYo rv.w � rpY rtwe, eiue� awtnm, mrar artwma cou,Y l.K r¢rcoc �LwrCY rwarz a m.,ru,e r rarneo..ry • wnK n. row uiKnn, aroPn wu.rm rY. yy.,�ps (11Q s` 'i0 rt r ,�.7p MV. M M1CW LC.. oK WPMMY C YL nR.IWr YIA- np.rMl1P,'IAY.YT WNVL... L... � 6 ,nrr wYe uuriw ruu r w.�Yrtn m.v.ou.cc • rvvf V pLNt1 m I�r 4l�In (Y' 1sfY, f iV ile Y MW7TMJ 1. �I�Qr1!'A-�1VYYMlt WK AYyr�CJI�.NIPWfC'�@, 6,�ar,re 4•YOYYWI WK..MIf ,p�M.il7lwlf 01 Ow lIs e L'S n au vnrtN �Kw,o.r.. oYc.Y on wac+n n.u.rw n w.a ,e r,....nwwu•- - LU �L E hlblt 'O' ov[ rz-�-�ecv ce w 1893 vio® JLS CIL v� EXHIBIT B TO AGREEMENT BETWEEN TRI-TREND, INC. AND _ E. H. AND PATRICIA R. BARiiER DESCRIPTION OF BARKER PROPERTY The Force Hail (6 1/2) of Southeast Quarter (SR 1/4) and alno beginning nt Southwent (SW) Corne: of Z;o:thenat'Quarter (NP 1/4), thence East twcney (20) rods fcu=tcen (14) feet, thence, 1lorth rimy -Six (s6) feet, thence Neat twenty (20) rode fourteen (14) feet, thence South rifty•Six (_�6) feet to point of beginning, all in Section Eight (a), io�­nchip Seven (7) S;ortii, RLIrgc Sixty -Eight (68) fleet of the 6th P.N.., £XCEFTItiG HERfrnOX: Beginning at a point on Nerth end South center line of t1aid section Eight (6) from which point the North Quarter' (11 1/4) corner beara N. 0*39' B. 3219.6S feet, thence S. 09°15' E. 100 feet, thence S, 0039' WE, 736.7 feet, thence N. 68*35' W. 160 feet to eente,' line of said Section B, thence along raid center line N. 0°391 F. 734,6 zeet to point of. beginning; Larimer County; Colorado STATE OF COLOR -ADO ) ss. COUNTY OF LARLv1ER ) � T The foregoing instrument was acknowledged before me this ��� day of — .t. n 't r,V , 2001, by Jeffery L. Strauss, as President of Tri-Trend, Inc. a Colorado corporation. Witness my hand and official seal. My commission expires: (U I `f L KRIr O �P. r , r,Ot��RY''•. s. PIJBLIC .:o �rFofcI�Q Notary Public f /�L✓i.l�i�L•� E. H. Barker Patricia R. Barker STATA' T,�ORADO ) r��., O�JNTY 0ER ) M TAR � P Joregbin instrument was acknowledged before me this_ " day of r..• } QO;a1k..$ar and Patricia R. Barker. he hand and official seal. My commission expires: mi cori•leni zsaion E::piraS v'iav 2, s 01 F:\WPQRSG\Tri-Trend\VMEPROP\Bd ker Pmperty\AGREEMENf FINAL 124-01 wpd 7 i C U 9. Entire Agreement. This written document contains the entire Agreement between the parties regarding its subject matter, and all prior agreements (whether verbal or written) relating to the subject matter of this Agreement are merged into this Agreement. This Agreement may not be modified or amended except in writing signed by all parties. 10. Assignment/Binding Effect. This Agreement may not be assigned by either party without the other party's prior, written consent except that, without such consent, Tri-Trend may assign this Agreement to any entity in which Jeffrey L. Strauss holds an ownership interest, and the Barkers may assign this Agreement to any entity in which either of the Barkers holds an ownership interest. Except as so restricted, this Agreement shall inure to the benefit of and be binding on the parties and their heirs, legal representatives, successors and permitted assigns. The benefits and burdens of this Agreement shall run with both the Tri-Trend Property and the Barker Property. Accordingly, this Agreement may be recorded, at Tri-Trend's expense, with the Clerk and Recorder of Larimer County, Colorado. 11. Authority. The persons signing this Agreement on behalf of any entities which may be parties to this Agreement have full authority to do so and to bind that entity to the terms and conditions of this Agreement. 12. Attorneys Fees. In the event of any default under this Agreement, the defaulting party shall pay all costs and reasonable attorneys fees incurred by the non -defaulting party as a result of the default. 13. Barkers' Cooperation. The Barkers agree to reasonably cooperate with Tri-Trend in the City of Fort Collins submittal requirements for annexation and planning approval of the Tri- Trend Property, and will promptly sign all documents reasonably necessary in connection with such annexation and planning approval, provided that the Barkers shall not incur any cost or expense in doing so. 14. Notice. Anv notice provided for under this Agreement shall be in writing and shall be either hand delivered or mailed by First Class Mail, postage pre -paid. If hand -delivered, the Notice shall be effective upon delivery. If mailed, the notice shall be effective three (3) days after being deposited in the mail. Dated the date set forth above. TRl-TREND, INC. a Colorado corporation By: .1 Jefe . Strauss, President 2 i to also (b) amend the description of the storm drainage line easement referenced in Section 5 below and in Exhibit E, if necessary, so as to extend such easement north to the south boundary line of the Tri-Trend Property. In such event, Tri-Trend or its successors shall pay the real property taxes for the area of the easement over and across the Barker Strip. 5. Drainage Easement. Concurrently with execution of this Agreement, the parties shall execute an easement agreement (the Easement") in the form attached as Exhibit E and incorporated by reference, which Easement grants Tri-Trend the right to convey store drainage water from the Tri-Trend Property across the Barker Property to the Lake Canal running through the southerly portion of the Barker Property. The drain line specifications are as set forth in the Easement. The Easement is also referenced and depicted on Exhibit E-I (Utility Exhibit) attached and incorporated by reference. The parties acknowledge that Exhibit E-1 is subject to change as utility designs are finalized. After execution, the original Easement (along with the recording fee paid by Tri-Trend) will be held by Tri-Trend's attorney, Richard S. Gast, and recorded with the Larimer County Clerk and Recorder at the time of, but immediately following, the conveyances described in Section 4 above. Drain line construction will not commence until after the Easement is recorded. 6. Box Elder Easement. At the time of the conveyances referenced in Section 4 above, the Barkers shall execute and deliver to Box Elder Sanitation District a Deed of Perpetual Easement for a sanitary sewer line in substantially the same form as Exhibit F, attached and incorporated by reference (the "Box Elder Easement"). The Box Elder Easement will be in the same location and have an identical legal description as the Easement referenced in Section 5 above. 7. Relocation of Irrigation Ditch. The Barkers currently receive irrigation water through the No. 10 Ditch (the "Ditch") presently running south from the intersection of Vine Drive and Timberline Road across the Tri-Trend Property just east of Timberline Road to the Barker Property. Tri-Trend, at its sole expense and with the prior approval of the No. 10 Ditch Company, shall relocate the portion of the Ditch on the Tri-Trend Property in accordance with its development plans, and the Barkers consent to such relocation, provided that (a) such relocation shall not interrupt the delivery irrigation water to the Barker Property during irrigation season, and (b) the delivery point for the irrigation water entering the Barker Propertyremains in the current location (unless relocation of the -delivery point is first approved in writing by the Barkers). In addition, the Ditch relocation shall be subject to the prior written or verbal approval of E. H. Barker, which approval shall not be unreasonably withheld. If Tri-Trend has not received approval or disapproval from E. H. Barker within twenty (20) days after the effective date of Tri Trend's notice to E. H. Barker notifying him of the proposed relocation, then E. H. Barker shall be deemed to have approved the requested Ditch relocation. 8. Contingency for Tri-Trend Obligations. Tri-Trend's obligations under this Agreement are contingent on Tri-Trend closing on the purchase of all of the Tri-Trend Property. If Tri-Trend does not close on the purchase of all of the Tri-Trend Property by January I, 20v6, then this Agreement shall terminate and the parties shall have no further obligations to each other under this Agreement. 5 4. Convevances. 4.1 By Tri-Trend to Barkers. If Tri-Trend closes on its purchase of the Tri- Trend Property, then concurrently with such closing Tri-Trend shall convey to the Barkers that portion of the Tri-Trend Property described on Exhibit D-1, attached and incorporated by reference (the "Tri-Trend Strip"). Not less than 7 days prior to closing, Tri-Trend shall provide the Barkers with a title commitment for the Tri-Trend Strip reflecting a policy amount of S20,000. Tri-Trend's conveyance to the Barkers shall be by special warranty deed, shall be free of any liens or encumbrances, but shall be otherwise subject to all matters reflected in the title commitment, all rights of third parties in the Tri-Trend Strip not shown by the public records, and all building and zoning regulations. Real property taxes for the year of closing shall not be prorated; Tri-Trend shall be responsible for all such taxes for the years prior to closing and the Barkers shall be responsible for such taxes for the year of closing and subsequent years. Prior to closing, Tri-Trend will not take any action with regard to the Tri-Trend Strip that will impair any right of the Barkers to develop the Tri-Trend Strip in the future in accordance with applicable laws, ordinances and regulations. Notwithstanding the foregoing, the parties intend that the conveyance of the Tri-Trend Strip be a Non -Regulated Land Transfer under Article 1.4.7 (B) of the City of Fort Collins Land Use Code. As such, the conveyance of the Tri-Trend Strip to the Barkers shall not imply or confer any right to develop, shall not create a new lot upon whicll development can occur, and shall not create a non -conformity of any nature whatsoever, or circumvent the intent or requirements of the City of Fort Collins Land Use Code. 4.2 By Barkers to Tri-Trend. Concurrently with the conveyance of the Tri-Trend Strip by Tri-Trend to the Barkers under Section 4.1 above, the Barkers shall convey to Tri- Trend that portion of the Barker Property described on Exhibit D-2, attached and incorporated by reference (the "Barker Strip"). Not less than seven (7) days prior to closing, the Barkers shall provide Tri-Trend with a title commitment for the Barker Strip reflecting a policy amount of $5,000. The Barkers' conveyance to Tri-Trend shall be by special warranty deed, shall be free of any liens or encumbrances, but shall otherwise be subject to all matters reflected in the title commitment, all rights of third parties in the Barker Strip not shown by the public records, and all building and zoning regulations. Real property taxes for the year of closing shall not be prorated; the Barkers shall be responsible for all such taxes for the years prior to closing and Tri-Trend shall be responsible for such taxes for the year of closing and subsequent years. The Barker Strip lies within Latimer County and not within the City of Fort Collins. Tri-Trend shall be responsible, at its sole cost, for any governmental approvals necessitated by the conveyance and any subsequent development of the Barker Strip. If such approvals are not granted, or Tri-Trend otherwise determines that the conveyance of the Barker Strip to Tri-Trend cannot be accomplished in compliance with applicable subdivision or land transfer regulations, then the Barkers agree, at the time of the conveyance of the Tri-Trend Strip to the Barkers, to instead (a) grant Tri-Trend a perpetual, non-exclusive easement over and across the Barker Strip for the purposes of constructing and maintaining the berm, fence and related improvement as described in Section 2 above, and M be completed prior to the issuance of the first Certificate of Occupancy for residences in the particular development phase adjacent to that section of the berm and fence. In any location where the bemi is constructed on top of the presently existing irrigation ditch running along the north boundary of the Barker Property, Tri-Trend will install a pipeline of a type and size reasonably satisfactory to the Barkers so as to convey the irrigation water under the berm. The berm height in this location will be five feet (after allowing for settlement) above the top of the referenced irrigation ditch bank. Tri-Trend will be responsible for all maintenance (including irrigation) and repair of the berm and fence until the community association (the "Association") for Tri-Trend's project is incorporated, at which time the Association shall have sole responsibility (and Tri-Trend shall have no further responsibility) for maintenance and repair of the berm and fence as part of the project common elements. The irrigation of the berm will be by sprinkler system, spaced, zoned and timed to keep dense pasture grass cover, or whatever other type of groundcover as may be required by the City of Fort Collins, in a healthy condition during growing season. Tri-Trend or the Association will furnish and pay for electricity to power the sprinkler system. Tri-Trend or the Association will water, fertilize and mow, to a maximum 4" of cover unless the City of Fort Collins requires cover which is typically taller than 4". Tri-Trend or the Association will prevent noxious weeds from occurring in the grass cover. A quality, all-weather protective stain or preservative shall be used on the fence. If Tri-Trend or the Association fails or refuses to either (a) maintain or repair the berm, the sprinkler system or the fence, or (b) commence and diligently prosecute such maintenance or repair, within 10 calendar days after receipt of written notice from the Barkers, then the Barkers may perform such maintenance or repairs at the Barkers' cost and the entity then responsible for maintenance and repair (either Tri-Trend or the Association) shall promptly reimburse the Barkers for the reasonable cost of such maintenance or repairs, plus 20% of such cost. Any reasonable Barker costs for maintenance and repairs not paid within thirty (30) days after receipt by the responsible entity of a written, itemized bill from the Barkers will bear interest at 21 io per annum. 3. Relocation of Crusher. If Tri-Trend closes on its purchase of the Tri-Trend Property and if, following such purchase, the Barkers subsequently relocate the rock crusher from its current location on the Barker Property immediately south of the Tri-Trend Property to another location on the Barker Property (due to noise complaints or otherwise), Tri-Trend agrees to reimburse the Barkers for the reasonable costs, not to exceed $3,000, incurred by the Barkers in such relocation. In the event of such relocation, the Barkers shall provide Tri-Trend with written evidence of the relocation costs expended by the Barkers and Tri-Trend shall reimburse the Barkers for such costs within 30 days following receipt of the written evidence. Any amount not reimbursed within the 30 day period will bear interest at 21 % per annum. The reimbursement obligation shall be assumed by the Association following its incorporation, at which time Tri-Trend shall have no further reimbursement obligation.. The reimbursement obligation only applies to relocation of the rock crusher and not to any other equipment, vehicles or stockpiled materials on the Barker Property. 3 Notice Regarding Operations on Barker Property. The property to the south of the Common Interest Community (described on Exhibit , attached and incorporated by reference, and referred to as the "Barker Property") is or may be used for the following: sand and gravel mining, material crushing, equipment/vehicle storage and repairs, general storage (including property of others), farming, recreational uses and other lawful uses considered desirable by the owner of the Barker Property (its successors and assigns) (collectively referred to as the "Operations"). The Operations may generate noise and dust which may adversely impact the Owners' use and enjoyment of their Units. By acceptance of a deed to any Unit, the Owner of that Unit waives any claims against the Declarant (its successors and assigns), the Association, and the owner of the Barker Property (its successors and assigns) arising from Operations on the Barker Property of a nature and extent which existed at the time the Owner accepted such deed. In addition, Tri-Trend agrees to include on the Plat a note advising of the operations on the Barker Property, substantially similar to the following: Note: The property presently owned by E. H. Barker and Patricia R. Barker (the "Barker Property") located south of the property described on this Plat is or may be used for the following: sand and gravel mining, material crushing, equipment/vehicle storage and repairs, and other lawful uses (collectively referred to as the "Operations"). The Operations generate noise and dust which may adversely impact use and enjoyment of the property described on this Plat. Furthermore, Tri-Trend agrees to include a disclosure and waiver provision, similar to the above provision appearing in the Declaration, in all contracts for the sale of lots on the Tri-Trend Property by Tri-Trend to the initial third party purchasers of such lots. 2. Buffer. If Tri-Trend closes on the purchase of the Tri-Trend Property, Tri-Trend agrees to construct, at its sole expense, a five foot high berm with a cedar privacy fence on top of the berm near the south edge of the Tri-Trend Property as depicted, and in the approximate location shown, on Exhibit C, attached and incorporated by reference. Tri-Trend will construct the berm (including landscaping and seeding) and fence in two sections as adjacent phases of Tri-Trend's development to the north of the berm and fence are compieted. The first section of the benn and fence will include that property known as the Barker Strip (defined and referenced in Section 4.2 below). Construction of each section of the berm (including landscaping and seeding) and fence will RCP'PN 8 UL'Z13 1 4 iiib%2UU! ..d B:00 s CAGES - L FEE si KODE'NBERGER RECORDER, LARIMER COUNTY CO STATE DOC FEE - zo.Ui/ AGREE-NIENT This Agreement is entered into January �42001 by and among Tri-Trend, Inc. a Colorado corporation, P. O. Box 40, Tininatli, CO 80547, ("Tri-Trend") and E. H. Barker and Patricia R. Barker, 142 North Timberline Road, Fort Collins, CO 80524-1402 (the "Barkers"). Recitals A. Tri-Trend is the contract purchaser of certain real property located in Larimer County Colorado specifically described on ExhibitA, attached and incorporated by reference (the "Tri-Trend Property"). B. The Barkers own the real property located in Larimer County, Colorado immediately south of the Tri-Trend Property which is specifically described on Exhibit B, attached and incorporated by reference (the "Barker Property"). C. If Tri-Trend closes on its purchase of the Tri-Trend Property, it intends to develop the property, subject to the approval by the City of Fort Collins, Colorado, as a multi -use project. The uses will include both single and multi -family units. The units may be manufactured in an on - site factory, and transported from the factory to the lots along the interior streets. Phasing for the single family units will be from the south toward the factory situated in the northeast corner of the site. A convenience store/commercial comer is proposed along Timberline Road. D. Uses of the Barker Property may include, but are not limited to, material crushing operations; storing, servicing and repairing vehicles and equipment; general storage (including property of others); farming; recreational uses; and other lawful uses considered desirable by the Barkers and/or their assigns. E. By this Agreement the parties wish to resolve various issues relating to Tri-Trend's development of the Tri-Trend Property in the proximity of the Barker Property. Agreement In consideration of the mutual promises set forth in this Agreement and other valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows: 1. Disclosures Relating to Barker Operations. If Tri-Trend closes on the purchase of the Tri-Trend Property, part of Tri-Trend's development process will include preparation and recording of a Declaration of Covenants, Conditions and Restrictions (the "Declaration") and a subdivision plat or plats (the "Plat") for the Tri-Trend Property. Tri-Trend agrees to include a notice in the Declaration containing language substantially similar to the following: 1! After recording return to Richard S. Gast, Myatt Brandes & Gast PC, 323 S. College Ave., Suite 1, Fort Collins, CO 80524