HomeMy WebLinkAboutLAKEVIEW - Filed OA-OTHER AGREEMENTS -0
RECEPTION#: 20130072400, 09/23/2013 at 09:49:20 AM, 1 OF 5, R $31.00 State
Documentary Fee $140.00 TD Pgs: 2 Angela Myers, Clerk b Recorder, Larimer
County, CO
SPECIAL WARRANTY DEED
THIS DEED, dated as of this 20th day of September, 2013, between
CHRIST CENTER COMMUNITY CHURCH, a Colorado nonprofit corporation,
formerly First Christian Church of Fort Collins, of the County of
Larimer, State of Colorado ("Grantor"), and LAXEVZkW FORT COLLINS, LLC,
a Colorado limited liability company, the mailing address of which, for
purposes of this Deed, is 8390 East Crescent Parkway, Suite 650,
Greenwood Village, Colorado 80111, of the County of Arapahoe, State of
Colorado ("Grantee").
WITNEsSETH:
That Grantor, for and in consideration of the sum of Ten Dollars
10.00) and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, has granted, bargained,
sold, and conveyed, and by these presents does hereby grant, bargain,
sell, convey, and confirm unto Grantee, its successors and assigns,
forever, all the real property, together with improvements, if any,
situate, lying and being in the County of Larimer, State of Colorado,
which is legally described as follows (the "Conveyed Property"):
As set forth on Exhibit "A" attached hereto and
incorporated herein by reference.
Vacant land, no street address assigned)
TOGETHER WITH all and singular the hereditaments and appurtenances
thereunto belonging, or in anywise appertaining, the reversion and
reversions, remainder and remainders, rents, issues, and profits
thereof; and all the estate, title, interest, claim, and demand
whatsoever of Grantor, either in law or equity, of, in, and to the
Conveyed Property, with the hereditaments, appurtenances, and easements.
TO HAVE AND TO HOLD the Conveyed Property above bargained and
described, with the appurtenances unto Grantee, its successors and
assigns, forever. Grantor, for itself and its successors and assigns,
does covenant and agree that it shall and will warrant and forever
defend the Conveyed Property in the quiet and peaceable possession of
Grantee, its successors and assigns, against all and every person or
persons claiming the whole or any part thereof, by, through, or under
Grantor, EXCEPT AND SUBJECT TO those matters set forth on Exhibit "B"
attached hereto and incorporated herein by reference.
Retained Property. Grantor and Grantee hereby acknowledge that
the Conveyed Property is adjacent to real property owned by Grantor and
which is being retained by Grantor (the "Retained Property"). The
Retained Property is commonly )mown as 2700 South Lemay Street,
Fort Collins, Colorado, and legally described on Exhibit "C" attached
hereto and incorporated herein by reference. The Retained Property is
used as and for a church conducting religious worship services.
Restrictive Covenant. Grantor and Grantee, for themselves and
their respective successors and assigns, hereby declare that the
Conveyed Property and each part thereof shall be owned, held,
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transferred, conveyed, sold, leased, rented, hypothecated, encumbered,
used, and occupied subject to the following use restriction ("use
Restrictions):
1. So long as the Retained Property is used as and
for a church conducting religious worship services, no
portion of the Conveyed Property shall be used as a church
which conducts religious worship services.
2. Grantee, by accepting the conveyance of the
Conveyed Property, agrees that the Use Restriction shall be
binding upon Grantee, its successors and assigns, and other
parties having any rights, title, or interest in the Conveyed
Property or any part thereof. Grantor may enforce the Use
Restriction by proceedings at law or in equity against any
person or persons violating, threatening to violate, or
attempting to violate the Use Restriction, either to recover
actual damages for such violation (but expressly excluding
consequential, indirect, special, and punitive damages) or to
restrain such violation or attempted violation. In any such
action, Grantor shall be entitled to recover all costs and.
expenses incurred in enforcing the Use Restriction, including
reasonable attorneys' fees. Any reference to "Grantors shall
be deemed to refer to Grantor and/or any subsequent owners of
the Retained Property.
IN WITNESS WHEREOF, Grantor has executed this Special Warranty
Deed on the date set forth above.
STATE OF COLORADO
as.
COUNTY OF LARIMER
CHRIST CENTER COMMUNITY CHURCH,
a Colorado nonprofit corporation,
formerly First Christian Church
of Fort Collins
By Zz"
77;6—d E. Urban,
Chairman of the Board
The foregoing instrument was acknowledged before me this 20th day
of September, 2013, by Fred E. Urben, Chairman of the Board of CHRIST
CENTER COMUNITY CHURCH, a Colorado nonprofit corporation, formerly
First Christian Church of Fort Collins. ,,,,,,,,,,
WITNESS my hand and official seal. • HAArV& o
e 0 !
ly. My
commission expires: r' ' i' T OTaR}• a
a
pUBt\S D Notary
Public MG
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EXHIBIT "A" ATTACHED TO AND MADE A PART OF THE SPECIAL WARRANTY DEED
BETWEEN CHRIST CENTER COMMUNITY CHURCH ("GRANTOR") AND LAKEVIEW
FORT COLLINS, LLC ("GRANTEE")
LEGAL DESCRIPTION
OF THE -CONVEYED -PROPERTY
A tract of land located in the Northwest Quarter of Section 30,
Township 7 North, Range 68 West of the 6th P.M., being a portion of
Lot 1, Block 1, First Christian Church P.V.D., City of Fort Collins,
County of Larumr, State of Colorado, and being more particularly
described as follows:
Considering the West line of the Northwest Quarter of said Section 30
as bearing South 00"13148" East and with all bearings contained herein
relative thereto:
COMMENCING at the Northwest corner of said section 30; thence along
the West line of said Northwest Quarter, South 00013148" East,
1043.0.4 feet; thence, North 89*461120 East, 729.10 feet to the POINT
OF BEGINNING; thence, North 00012119" West, 478.51 feet; thence along
a curve concave to the southeast having a central angle of 40044154"
with a radius of 113.00 feet, an arc length of 80.36 feet and the
chord of which bears North 20010108" East, 78.68 feet; thence along a
curve concave to the northwest having a central angle of 40003/511,
with a radius of 78.00 feet, an arc length of 54.54 feet and the chord
of which bears North 20030,40" East, 53.44 feet; thence, North
00028144" East, 55.78 feet; thence along a curve concave to the
southwest having a central angle of 21"07114" with a radius of
219.50 feet, an arc length of 80.91 feet and the chord of which bears
North 10*04153" West, 80.46 feet; thence, North 20038130P West,
117.65 feet to a point on the southerly right-of-way line of Drake
Road; thence along said southerly line, North 69°59157" East,
274.07 feet; thence along a curve concave to the southeast having a
central angle of 19056/060 with a radius of 838.55 feet, an arc length
of 291.76 feet and the chord of which bears North 79057158° East,
290.29 feet; thence departing said southerly line and along the East
line of said .Lot 1, South 00618118" West, 989.72 feet to the southeast
corner of said Lot 1; thence, south 890461120 West, 527.17 feet to the
Point of Beginning.
Vacant land, no street address assigned)
Name and Address of Person Creating Newly Created Legal
Description (section 38-35-106.5, C.R.S.):
Northern Engineering
200 South College Avenue, Suite 100
Fort Collins, CO 80524
970)221-4158
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EXHIBIT "B" ATTACHED TO AND MADE A PART OF THE SPECIAL WARRANTY DEED
BETWEEN CHRIST CENTER COMMUNITY CHURCH (°GRANTOR°) AND LAKEVIEW
FORT COLLINS LLC (eGRANp$Rn)
TITLE EXCEPTIONS
11 Site Plan recorded October 1, 1980, at Reception No. 381168.
2. Easements, notes, covenants, restrictions, and rights -of -way
as shown on the Plat of First Christian Church P.U.D. recorded
February 18, 1981, at Reception No. 400352.
NOTEi Affidavit of Correction in connection therewith
recorded March 11, 1981, at Reception No. 403039.
3. Terms, conditions, provisions, obligations, and agreements as
set forth in the Open Space Maintenance Covenant recorded February 18,
1981, at Reception No. 400353.
4. Terms, conditions, provisions, obligations, and agreements as
set forth. in the Site Landscape Covenant recorded December 13, 1983, at
Reception No. 541433.
5. Notice regarding Underground Facilities of Fort Collins -
Loveland Water District recorded April 1, 1988, at Reception No. 14428.
6. Terms, conditions, provisions, obligations, and agreements as
set forth in the Grant of License and Agreement recorded March 29, 2007,
at Reception No. 20070023266.
7. Any non -delinquent tax, lien, fee, or assessment by reason of
inclusion of subject property in the Northern Colorado Water Conservancy
District as evidenced by instrument recorded September 30, 2010, at
Reception No. 2010005.8874.
8. Any rights, interests, or claims which may exist or arise by
reason of the following facts shown on the ALTA/ACSM Land Title Survey
dated January 17, 2013, prepared by Northern Engineering, as Job
Number 665-001:
A. a) Apparent Basement for electric lines, water lines
and storm sewer lines over the westerly portion of subject property.
b) Rights of others for ingress and egress over the
road along the westerly boundary of subject property.
9. Taxes and assessments for the year 2013 and subsequent years.
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Recorder, Latimer County, CO
E$HIBIT NCO ATTACHED TO AND MADE A PART OF THE SPECIAL WARRANTY DEED
BETWEEN CHRIST CENTER COMMUNITY CHURCH ("GRANTOR") AND LAKEVIEW
FORT COLLINS, LLC (°GRANTEEn)
LEGAL DESCRIPTION
OF THE RETAINED PROPERTY
A tract of land located in the Northwest Quarter of Section 30,
Township 7 North, Range 68 West of the 6th P.M., being a portion of
Lot 1, Block 1, First Christian Church P.U.D., City of Fort Collins,
County of Latimer, State of Colorado, and being more particularly
described as follows:
Considering the West line of the Northwest Quarter of said Section 30
as bearing South 000131480 East and with all bearings contained herein
relative thereto:
COMMENCING at the Northwest corner of said Section 30; thence along
the West line of said Northwest Quarter, South 00013,480 East,
1043.04 feet] thence, North 89046,126 East, 50.00 feet to a point on
the easterly right-of-way line of Lemay Avenue, said point being the
POINT OF BEGINNING; thence along said easterly line, North 00013/480
West, 764.10 feet; thence along a curve concave to the southeast
having a central angle of 113014,43" with a radius of 37.50 feet, an
are length of 74.12 feet and the chord of which bears North 56023,330
East, 62.63 feet; thence along the south right-of-way line of Drake
Road, South 66*59105" East, 36.34 feet; thence along a curve concave
to the northwest having a central angle of 08047,510 with a radius of
515.50 feet, an arc length of 79.15 feet and the chord of which bears
South 710231010 East, 79.07 feet; thence along a curve concave to the
northwest having a central angle of 08043,490 with a radius of
358.57 feet, an arc length of 54.64 feet and the chord of which bears
South 720331220 East, 54.58 feet; thence, North 13*041430 East,
5.95 feet; thence along a curve concave to the north having a central
angle of 28009146" with a radius of 515.50 feet, an arc length of
253.38 feet and the chord of which bears North 84004150" East,
250.84 feet; thence North 69059,570 East, 221.09 feet; thence
departing said south line, South 20"38130" East, 117.65 feet; thence
along a curve concave to the southwest having a central angle of
210071140 with a radius of 219.50 feet, an arc length of 80.91 feet
and the chord of which bears South 100041S3u East, 80.46 feet; thence,
South 000281440 West, 55.78 feet; thence along a..curve concave to the
northwest having a central angle of 40*03,51" with a radius of
78.00 feet, an arc length of 54.54 feet -and the chord of which bears
South 20030140" Jest, 53.44 feet; thence along a curve concave to the
southeast having a central angle of 40*441545 with a radius of
113.00 feet, an arc length of 80.36 feet and the chord of which bears
South 20*10108" West, 78.68 feet; thence, South 00012/190 East,
478.51 feet to the south line of Lot 1; thence along said south line,
South 89046/120 West, 679.12 feet to the Point of Beginning.
Street Address: 2700 South Lemay Avenue, Fort Collins, Colorado)
Name and Address of Person Creating Newly Created Legal
Description (Section 38-35-106.5, C.R.S.):
Northern Engineering,
200 South College Avenue, Suite 100
Fort Collins, CO 80524
97D)221-4158
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RECEPTION#: 20130072401, 09/23/2013 at 09:49:21 AM, 1 OF 22, R $116.00 TD Pgs:
0 Angela Myers, Clerk 6 Recorder, Larimer County, CO
RECIPROCAL EASEMENT AGREEMENT
THIS RECIPROCAL EASEMENT AGREEMENT ("Agreement") is made as of this
20th day of September, 2013, by and between LAKEVIEW FORT COLLINS, LLC, a
Colorado limited liability company ("Lakeview'), having an address of 8390 E. Crescent
Parkway, Suite 650, Greenwood Village, Colorado 80111, and CHRIST CENTER
COMMUNITY CHURCH, a Colorado nonprofit corporation ("Christ Center'), having an
address of 2700 South Lemay Avenue, Fort Collins, Colorado 80525,
RECITALS:
A.. Lakeview is the owner of certain real property located in the City of Fort
Collins, Larimer County, Colorado, which is legally described on Exhibit A and depicted on
Exhibit A-1 attached hereto and incorporated herein by this reference (the "Lakeview.
Property").
B. Christ Center is the owner of certain real property located adjacent and
contiguous to the Lakeview Property, which is legally described on Exhibit-B. and depicted on
Exhibit BA attached hereto and incorporated herein by this reference (the "Christ Center
Prove ")
C. The term "Owner" as used herein shall mean each person or entity which holds
fee title to the Lakeview Property or the Christ Center Property, or any portion thereof, and
the heirs, successors and assigns of such person or entity acquiring fee title from such person
or entity. The Lakeview Property and the Christ Center Property are hereinafter sometimes
referred to as a "Pro " and collectively as the "Properties."
D. That portion of the Properties more particularly described on Exhibit C and
depicted on Exhibit C-1 attached hereto and incorporated herein by this reference is
hereinafter referred tows the "Drake Road.Access Drive".
E. That portion. of the Christ Center Property more particularly described on
Exhibit. D and depicted A-` _ hibit_D.A..attached hereto and incorporated herein by this
reference is hereinafter referre o as t e Lemay`Avenue Access -Drive" (Jointly with the
Drake Road Access Drive, the "Access
F. Lakeview and Christ Center wish to grant and receive certain reciprocal
non-exclusive perpetual easements on, over, upon and across portions of their respective
Properties, as more particularly set forth hereinafter.
NOW, THEREFORE, in consideration of the premises and mutual covenants and
agreements contained herein and for other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
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1. Recitals: The parties acknowledge that the foregoing recitals are true and correct
and are incorporated herein by this reference.
2. Access and.Utility Easements.
a) Lakeview grants to Christ Center and its successors, assigns, tenants, their
employees, customers and invitees a perpetual, non-exclusive easement appurtenant to the
Christ Center Property on, over, upon and across that portion of the Drake Road Access Drive
that is located on the Lakeview Property for the purposes of (i) pedestrian and vehicular
access, ingress and egress between the Christ Center Property and East Drake Road, and
ii) the construction, installation, operation, maintenance and repair of water lines, .sanitary
sewer lines, storm sewer lines, dry utility services, and appurtenance thereto to provide
service to the Christ Center Property.
b) Christ Center grants to Lakeview and its successors, assigns, tenants, their
employees, customers and invitees a perpetual, non-exclusive easement appurtenant to the
Lakeview Property (as the same may be subdivided into any number of residential building
lots) on, over, upon and across that portion of the Drake Road Access Drive that is located on
the Christ Center Property for the purposes of (i) pedestrian and vehicular access, ingress and
egress between the Lakeview Property and East Drake Road, and (ii) the construction,
installation, operation, maintenance and repair of water lines, sanitary sewer lines, storm
scwer lines, dry utility services, and appurtenance thereto to provide services to the Lakeview
Property.
c) Christ Center grants to Lakeview _ . t
NMKM___ y (as the same may be
subdivided into any number of residential building lots) on, over, upon and across the Lemay
Avenue Access Drive located on the Christ Center Property for the purposes of ernernc
and arras ss, irigess and 4gws& between the Lakeview Property and
Leenue (the "Emergency Access Easement"). The Emergency Access Easement shall
be subject to the terms and provisions set forth in paragraph 29 hereinafter. Lakeview
expressly acknowledges that the Lemay Avenue Access Drive is a private -road v hiel3is
owned .by-ChristCenteraitn iststbstor macivuayr=-
d) Walls, fences, barriers or obstructions of any kind which prevent or
unreasonably interfere with use or exercise of any of the easements granted in this
paragraph 2 may not be constructed or maintained in the Drake Road Access Drive or the
Lemay Avenue Access Drive. Reasonable traffic controls, as may be necessary to guide and
control the orderly flow of traffic, may be installed, so long as the Drake Road Access Drive
or the Lemay Avenue Access Drive is not closed or blocked. However, the following barriers
and encroachments are permitted:
i) temporary barriers to the extent necessary for maintenance and
repair of the Drake Road Access Drive or the Lemay Avenue Access Drive or adjacent
parking areas;
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ii) incidental encroachments which may occur as a result of the use
of ladders, scaffolding, or similar facilities resulting in temporary obstruction of access
roads, driveways or drive aisles, so long as their use is kept within reasonable
requirements of construction work being expeditiously pursued; and
iii) barriers required under applicable laws, rules, regulations or
codes.
3. Drainage Easement. Lakeview grants to Christ Center an easement upon, over,
above, under, and across the Lakeview Property for the discharge and drainage of surface
stormwater runoff in historical volumes as of the date hereof to the location generally
depicted on Exhibit E. There is currently a detention facility on the Lakeview Property (the
Detention Facility') which must be enlarged or improved from and after the date of this
Agreement to accommodate Lakeview's planned development of the Lakeview Property.
Lakeview shall be responsible, at Lakeview's sole cost and expense, to make or install any
improvements to the Detention Facility which are required by the City of Fort Collins in
connection with Lakeview's development of the Lakeview Property (the "initial Detention
Facility Work'). The Initial Detention Facility Work shall be completed in a good and
workmanlike manner and in accordance with the applicable laws, ordinances, regulations, and
legal requirements of the City of Fort Collins. Following completion of the Initial Detention
Facility Work, Lakeview shall be responsible to maintain and repair the Detention Facility.
The cost of maintenance and repair of the Detention Facility shall be shared by Lakeview and
Christ Center. Lakeview shall invoice Christ Center for its Drainage Proportionate Share of
the Detention Facility's maintenance and repair costs at such times and for such periods as
Lakeview may elect, but not less frequently than annually. Each such assessment shall be due
and owing within thirty t30)"days-after ll) view,Tdeliwers Christ Center written notice
thereof. Christ Center's "Drainage Proportionate Share" shall mean sixty percent (60%) of the
cost incurred by Lakeview to perform its maintenance obligations under this paragraph.
4. Parking. This Agreement does not grant or create any easement for parking on
either the Drake Road Access Drive or the Lemay Avenue Access Drive or on the Lakeview
Property or the Christ Center Property.
5. Benefit. With the exception of the Emergency Access Easement,:which is limited
to emergency use, the foregoing easements are-for-MEE"ene rf t of eacher, respectively,
and their respective successors, assigns, tenants, their employees, custoi iers and invitees
collectively, "Permittees"), for their use and enjoyment in a manner that does not
unreasonably interfere with, obstruct or delay the conduct and operations of the business
and/or use, enjoyment or occupancy of the other Owner or its Permittees at any time
conducted on its Property, including, without limitation, access to and from the Properties.
Once commenced, any construction undertaken in connection with an easement granted
herein must be diligently prosecuted to completion, and conducted in a manner that minimizes
to the extent practicable any interference with the business operations and/or use, enjoyment
or occupancy of the other Owner and its Peiii ittees.
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6. Indemnification. Each Owner having rights with respect to an easement granted
hereunder shall indemnify and hold each Owner whose Property is subject to the easement
granted herein harmless from and against all claims, liabilities and expenses (including
reasonable attorneys' fees) relating to accidents, injuries, loss, or damage of or to any person
or property arising from the negligent, intentional or willful acts or omissions of such Owner,
its contractors, employees, agents, or others acting on behalf of such Owner.
7. Maintenance and Repair.
a) The Owner of the Christ Center Property shall, at its expense, maintain the
Lemay Avenue Access Drive in good condition and repair, so that the Lemay Avenue Access
Drive, at all times, permits the reasonable use of the Emergency Access Easement granted
herein. The Owner of the Lakeview Property shall maintain the Drake Road Access Drive in
good condition and repair, so that the Drake Road Access Drive, at all times, permits the
reasonable use of the easements granted herein. The cost of maintenance and repair of the
Drake Road Access Drive shall be shared equally by Lakeview and Christ Center. Lakeview
shall invoice Christ Center for fifty percent (50%) of the Drake Road Access Drive's
maintenance and repair costs at such times and for such periods as Lakeview may elect, but
not less frequently than quarterly. Each such assessment shall be due and owing within thirty
30) days after Lakeview delivers Christ Center written notice thereof. Such maintenance
obligations of the Owners hereunder shall include but not be limited to the following:
i) maintaining the surfaces of all such roads, driveways and drive
aisles in a smooth, clean and good condition;
ii) plowing snow, removing ice and removing other debris as
necessary;
iii) maintaining all directional signs, striping markers and artificial
light facilities required by taw, ordinance or determined appropriate by the Owners; and
iv) repairing and replacing paving, concrete curbs and drain pans,
storm drains, gutters, sidewalk and ramps (if any), and streetlights (if any) as reasonably
necessary.
However, and notwithstanding the foregoing, extraordinary damage caused to the
Drake Road Access Drive by one of the Owners, its successors or assigns, or by agents,
employees, or contractors of such Owner, shall be repaired at the sole cost and expense of the
Owner causing such damage.
b) If an Owner ("Defaulting Owner') fails to maintain or repair the applicable
Access Drive in the condition required by this Agreement, the other Owner may notify the
Defaulting Owner in writing of such failure and the provisions of paragraph 10 below shall
apply.
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c) Notwithstanding subparagraph (b), in the event of (i) an emergency,
ii) blockage or material impairment of the access easement rights, and/or (iii) the parking of
vehicles on the Drake Road Access Drive property, an Owner may immediately without
notice to the Defaulting Owner cure the same and be reimbursed by the other party upon
demand for the reasonable cost thereof, together with simple interest at the rate of twelve
percent (12%) per annum.
d) If there is a violation of any of the provisions of paragraphs 2 or 7 of this
Agreement, each Owner agrees that violation will cause the Owner which is not in default
Non -Defaulting Owner") and/or its Permittees to suffer irreparable harm for which it has no
adequate remedy at law. As a result, the Non -Defaulting Owner, in addition to all remedies
available at law or otherwise under this Agreement, is entitled to injunctive or other equitable
relief to enjoin a violation of paragraphs 2 or 7 of this Agreement.
8. Construction of Access Drives by Owners.
a) Lakeview shall construct and install, at its sole cost and expense, the Drake
Road Access Drive in accordance with the applicable taws, ordinances, regulations and legal
requirements, including, without limitation, the requirements of the City of Fort Collins,
Colorado, in a good and workmanlike manner, free from material defects in workmanship and
materials. Christ Center shall be responsible for any construction, at its sole cost and expense,
of the Lemay Avenue Access Drive in accordance with the applicable laws, ordinances,
regulations and legal requirements, including, without limitation, the requirements of the City
of Fort Collins, Colorado, in a good and workmanlike manner, free from material defects in
workmanship and materials.
b) If an Owner shall fail to perform its construction obligation in accordance
with the requirements of paragraph 8(a) above and such failure shall continue for thirty (30)
days after the other Owner has given such Owner written notice of such failure, then the
non -defaulting Owner shall have the right, but not the obligation, to perform and complete
such construction obligation. The non -defaulting owner shall be entitled to recover all
out-of-pocket costs, expenses, charges and fees incurred by it in connection therewith
including seasonable attorneys' fees and expenses), together with interest thereon, in
accordance with the terms and provisions of paragraph 10(b) below.
9. Insurance.
a) Throughout the term of this Agreement, each Owner shall procure and
maintain general and/or comprehensive public liability and property damage insurance against
claims for personal injury (including contractual liability arising tinder the indemnity
contained in paragraph 6 above), death, or property damage occurring upon such Owner's
Property, and that portion of the Access Drive such Owner is obligated to maintain. The
limits of liability for the required insurance may not be less than Two Million Dollars
2,000,000.00) for personal injury or bodily injury or death of any one person, Two Million
Dollars ($2,000,000.00) for personal injury or bodily injury or death of more than one person
in one occurrence and One Million Dollars ($1,000,000.00) with respect to damage to or
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destruction of property; or, in lieu of such coverage, a combined single limit policy (covering
personal injury, bodily injury or death and property damage or destruction) with a limit of not
less than Two Million Dollars ($2,000,000.00) per occurrence (or as adjusted from time to
time to reflect industry standards). Each insurance.policy shall name the other Owner as an
additional insured rovided the Owner obtaining such insurance has been supplied with the
name of such other Owner in the event of a change thereof). The required insurance coverage
may be included in general or blanket policies of insurance. Each Owner shall furnish
evidence of such insurance to Owner within fifteen (15) days following written request from
the other Owner.
b) To the extent of insurance proceeds actually received, each Owner
hereby waives and releases each other Owner from any and all liability (to each other and
anyone claiming under either of them by subrogation or otherwise) for matters insured or
required to be insured hereunder.
10. Remedies and Enforcement.
a) All Legal and Equitable Remedies Available. In the event of a breach or
threatened breach by any Owner or its Permittees of any of the terms, covenants, restrictions
or conditions hereof, the other Owner(s) shall be entitled forthwith to full and adequate relief
by injunction and/or all such other available legal and equitable remedies from the
consequences of such breach, including payment of any amounts due and/or specific
performance.
b) Self -Help. In addition to all other remedies available at law or in equity,
upon the failure of a defaulting Owner to cure a breach of this Agreement within thirty (30)
days following written notice thereof by an Owner (unless, with respect to any such breach
the nature of which cannot reasonably be cured within such 30-day period, the defaulting
Owner commences such cure within such 30-day period and thereafter diligently prosecutes
such cure to completion), any Owner shall have the right to perform such obligation contained
in this Agreement on behalf of such defaulting Owner and he reimbursed by such defaulting
Owner upon demand for the reasonable costs thereof, including without limitation,
out-of-pocket charges, fees, costs and expenses incurred by the non -defaulting Owner in
connection therewith (including reasonable attorneys' fees and expenses), together with
simple interest at the rate of twelve percent (12%) per annum. Such charges, fees, costs,
expenses and interest shall be paid by the defaulting Owner within fifteen (15) days from
receipt of a statement thereof from the non -defaulting Owner (accompanied by reasonable
documentation substantiating such statement).
c) Lien Rights. This Agreement shall constitute a lien on the Properties. Any
claim for reimbursement, including interest as provided herein, and all costs and expenses,
including reasonable attorneys' fees in enforcing any payment in any suit or proceeding under
this Agreement, shall constitute a lien (the "Lien'') against the Property of the Owner having
an obligation to pay hereunder until the same is paid, effective upon the recording of a notice
of lien with respect thereto in the Office of the County Recorder of Larimer County, State of
Colorado; provided, however, that any such Lien shall be subject and subordinate to (i) liens
t31 D51. ! st.Ao472455.Dor_2 i 6
ACTIVE 21585338v5116610100181
9/20/13 rev.)
RECEPTION#; 20130072401, 09/21/2013 at 09:49:21 AM, 7 OF 22, Angela Myers,
Clerk 6 Recorder, Larimer County, CO
for taxes and other public charges which by applicable law are expressly made superior, and
ii) all liens recorded in the Office of the County Recorder of the County of Larimer, State of
Colorado prior to the date of recordation of said notice of lien. All liens recorded subsequent
to the recordation of the notice of lien described herein shall be junior and subordinate to the
Lien. The recorded claim of Lien must include, in addition to any other information required
by applicable laws, the following: the name of the lien claimant; a statement concerning the
basis for the claim of lien and identifying the lien claimant as an Owner; an identification of
the Owner or reputed Owner of the Property or interest therein against which the Lien is
claimed; a description of the Property against which the Lien is claimed; a description of the
work performed or other breach hereof which has given rise to the claim of Lien and a
statement itemizing the amount thereof; a statement that the Lien is claimed pursuant to the
provisions of this Agreement, reciting the date, and reception number of recordation hereof; a
due acknowledgment and a certificate that a copy of the notice of claim has been served upon
the defaulting Owner against whom the Lien is claimed, by personal service or by mailing.
Upon the timely curing by the defaulting Owner of any default for which a notice of lien was
recorded, the party recording same shall record an appropriate release of such notice of lien
and Lien. The Lien attaches from the date of recordation in the amount claimed in the Lien
and may be enforced in any manner allowed by law, including without limitation, suit in the
nature of a suit to foreclose a mortgage or mechanic's lien under the applicable provisions of
the laws of the State of Colorado.
d) No Termination For Breach. Notwithstanding the foregoing to the contrary,
no breach hereunder shall entitle any Owner to cancel, rescind, or otherwise terminate this
Agreement. No breach hereunder shall defeat or render invalid the lien of any mortgage or
deed of trust upon any of the Properties made in good faith for value, but the easements,
covenants, conditions and restrictions hereof shall be binding upon and effective against any
Owner of such Property or portion thereof covered hereby whose title thereto is acquired by
foreclosure, trustee's sale, or otherwise.
11. ]Ton -Conflicting Uses. This Agreement may not be construed in any manner that
prevents an Owner from the lawful use of the Property owned by such Owner, provided such
use does not unreasonably interfere with the other Owner's rights hereunder and the use of the
easements granted herein by a party entitled to use the same for the purposes described in this
Agreement.
12. Notices. All notices and demands which may or are to be required or permitted to
be given by either party to the other hereunder shall be in writing. All notices and demands
shall be sent by personal delivery, nationally recognized overnight courier, or registered or
certified mail, postage prepaid, and to the applicable address of the party set forth in the
introductory paragraph of this Agreement. Any Owner may at any time change its address by
sending written notice of the change to the other Owner(s) in the manner hereinabove
prescribed. Notices are effectively given (a) upon receipt (or refusal thereof) if by personal
delivery, (b) on the first (1") business day after deposit with a nationally recognized overnight
courier service, or (c) on the third (31d) business day after mailing, if sent by registered or
certified mail, postage prepaid.
31051.18.A0472455.DOC;2) 7
ACTIVE 21585338v5 116610100181
9/20113 rev.)
RECEPTION#: 20130072401, 09/23/2013 at 09:49:21 AM, 8 OF 22, Angela Myers,
Clark & Recorder, Larimer County, CO
13. Attorneys' Fees and Costs. In the event of any dispute arising out of this
Agreement, or in the event of enforcement of any of the provisions of this Agreement, the
prevailing party is entitled to recover its reasonable costs and attorneys' fees from the
non -prevailing party.
14. Effectiveness and Amendment. This Agreement is effective upon recording in the
real property records for Larimer County, Colorado, runs with the land, and burdens and
benefits and is appurtenant to the Properties, regardless of whether specifically mentioned in
any subsequent deed or conveyance of all or a part of the Lakeview Property or the Christ
Center Property, and is binding on and inures to the benefit of all parties or persons
subsequently acquiring all or a part thereof. This Agreement may be amended or modified
only by an instrument signed by all Owners. No amendment is effective before it is recorded
in the real property records for Larimer County, Colorado.
15. Term and Termination. This Agreement shall continue in full force and effect in
perpetuity, subject only to termination upon the express mutual written agreement of the
Owners.
16.. Applicable Law. This Agreement shall be construed and enforced under the laws
of the State of Colorado.
17. Estoppel Certificates. Each Owner, within twenty (20) day of its receipt of a
written request from the other Owner, shall from time to time provide the requesting Owner, a
certificate binding upon such Owner stating: (a) to the best of such Owner's knowledge,
whether any party to this Agreement is in default or violation of this Agreement and if so
identifying such default or violation; and (b) that this Agreement is in full force and effect and
identifying any amendments to the Agreement as of the date of such certificate.
18. Severability. The invalidation of any term or provision of this Agreement, by
judgment or court order, does not affect any of the other provisions of this Agreement which
other provisions remain in full force and effect.
19. Entire Agreement. This Agreement contains all the provisions and terms between
Lakeview and Christ Center relating to the matters set forth herein, and supersedes all prior or
contemporaneous agreement or understanding, written or oral, pertaining to the same.
20. No. Rights in Public Generally. This Agreement is not intended to benefit the
general public and shall not be construed as creating rights in and for the benefit of the
general public, nor shall it be construed to be a dedication to the general public.
21. Waiver. The failure of any party hereto to exercise any right or power given
hereunder, or to insist upon strict compliance by the other party with its obligations set forth
herein, shall not constitute a waiver of any Party's rights to demand strict compliance with the
terms and conditions of this Agreement.
31051.181.AD472455.DOC;2) $
AC77VE 215853380 116610/00181
9120M mv.)
RECEPTION#: 20130072401, 09/23/2013 at 09:49:21 AM, 9 OF 22, Angela Myers,
Clerk S Recorder, Larimer County, CO
22. Rights Cumulative. All rights, powers, remedies and privileges conferred
hereunder upon the parties shall be cumulative and not restrictive as to those given by law or
in equity unless otherwise expressly limited.
23. Countemarts. This Agreement may be executed in any number of counterparts,
each of which shall constitute an original, and all of which together shall constitute one and
the same instrument.
24. Business Days. If any date set forth in this Agreement shall fall on a weekend or
holiday, then the date shall automatically be extended to the next occurring business day.
25. Representations and Warranties. Each party hereto represents and warrants to the
other party that:
a) It has full right, authority and power to execute and enter into this
Agreement,
b) The execution, delivery and performance of this Agreement by such party
has been duly authorized in accordance with law, and that this Agreement constitutes the
legal, valid and binding obligation of such party, enforceable against such party in accordance
with its terms
c) It is the owner of the fee interest in its Property, free and clear of any prior
deeds of trust, mortgages or liens.
26. Limitation of Liability. Notwithstanding any provisions of this Agreement to the
contrary, neither parry hereto shall be liable to the other for any consequential, indirect or
special damages to persons or property (including without limitation, business interruption
and loss of profit), whether arising in tort, contract or otherwise, by reason of this Agreement.
27. Termination of Liability. Whenever a transfer of ownership of a Property takes
place, the transferor shall have no liability for any breach of this Agreement occurring
subsequent to the date of such transfer.
28. Construction. Since the parties hereto have participated in negotiations in the
drafting of the terms and provisions of this Agreement, the parties agree that this Agreement
shall be construed without regard to the identity of the person or party who drafted the various
provisions, and any rule of construction that a document is to be construed against the drafting
party shall not be applicable.
29. Relocation. The parties hereto acknowledge that the location of the Emergency
Access Easement may interfere with the future development of the Christ Center Property.
Accordingly, Christ Center shall have the right to relocate the Emergency Access Easement,
subject to the following terms and conditions:
31051.181.A0472455.DOC¢ J 9
ACTIVE 2158533845116610/00181
9120/13 rev.)
RECEPTION#: 20130072401, 09/23/2013 at 09:49:21 AM, 10 OF 22, Angela Myers,
Clark S Recordar, Larimer County, CO
a) The Emergency Access Easement, as relocated pursuant to this paragraph,
shall be hereinafter referred to as the "Replacement Emergency Access Easement." The
Emergency Access Easement, as originally located, shall be hereinafter referred to as the
Original Emergency Access Easement."
b) The Original Emergency Access Easement shall remain in full force and effect
until Christ Center has complied with all of the following requirements:
i) Christ Center shall provide Lakeview with at least thirty (30) days' prior
written notice of Christ Center's intent to relocate the Original Emergency Access Easement
ii) Christ Center shall construct, or cause to be constructed, without cost or
expense to Lakeview, a replacement emergency access road (the "Replacement Road"). The
Replacement Road must be fully constructed and usable, with any necessary appurtenant
easements having been granted and recorded in favor of the Lakeview Property.
iii) The Replacement Road must be acceptable to all applicable governmental
authorities, including the City of Fort Collins and Poudre Fire Authority.
signature pages follow]
131051.18I .A0472455.D0C2) 10
ACTIVE 21585338v5 116610/00181
91WII3 rev.)
RECEPTION#: 20130072401, 09/23/2013 at 09:49:21 AM, 11 OF 22, Angela Myers,
Clerk S Recorder, Larimer County, CO
IN WITNESS HEREOF, the foregoing instrument has been executed by the parties effective
as of the date set forth above.
LAKEVIEW FORT COLLINS, LLC,
a Colorado limited liability company
Nam6 d Amberry
Title Vice President
STATE OF COLORADO )
ss
CITY AND COUNTY OF DENVER )
The foregoing instrument was acknowledged before this 20th day of September, 2013,
by Todd Amberry, as Vice President of LAKEVIEW FORT COLLINS, LLC, a Colorado
limited liability company.
Witness my hand and official seal, E KO s
My commission expires:
31051.181.A0472455.D0C;2} t 1.
ACTIVE 21585338v5 116610/00181
9/20113 rev.)
c4,y.,
0z
RECEPTION#: 20130072401, 09/23/2013 at 09:49:21 AM, 12 OF 22, Angela Myers,
Clerk ry Recorder, Larimer County, CO
CHRIST CENTER COMMUNITY CHURCH,
a Colorado nonprofit corporation
By - 'P.J lu-4
Fred E. Urben
le: Board Chairman
STATE OF COLORADO )
ss
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before this 20th day of September, 2013,
by Fred E. Urben, as Board Chairman of CHRIST CENTER COMMUNITY CHURCH, a
Colorado nonprofit corporation.
Witness my hand and official seal. o`,Z,PNSgIV .
0
My commission expires: ; ,f i
C Z v 0
CA
Notary Public !''',g`giE,OF```\\`.
31051.181.A0472455.DOC;21 12
ACTIVE 21585338v5116610/00181
9/20/13 rev.)
RECEPTION#: 20130072401, 09/23/2013 at 09:49:21 AM, 13 OF 22, Angela Myers,
Clerk b Recorder, Larimer County, CO
A tract of land being a portion of Lot 1, Block 1 of First Christian Church P.U.D., a plat
of record with the Clerk and Recorder of Larimer County and is located in the
Northwest Quarter of Section 30, Township 7 North, Range 68 West of the 6th P.M.,
City of Fort Collins, County of Larimer, State of Colorado being more particularly
described as follows:
Considering the West line of the Northwest Quarter of said Section 30 as bearing South
00013'48" East and with all bearings contained herein relative thereto:
COMMENCING at the Northwest comer of said Section 30; thence along the West
line of said Northwest Quarter, South 0001348" East, 1043.04 feet; thence, North
890461 T' East, 729A 0 feet to the POINT OF BEGINNING; thence, North 00' 12' 19"
West, 478.51 feet; thence along a curve concave to the southeast having a central angle
of 40144' 54" with a radius of 113.00 feet, an arc length of 80.36 feet and the chord of
which bears North 200 10' 08" East, 78.68 feet; thence along a curve concave to the
northwest having a central angle of 40' 03' 5T'with a radius of 78 00 feet, an arc length
of 54.54 feet and the chord of which bears North 20' 30' 40" East, 53.44 feet, thence,
North 000 28' 44" East, 55.78 feet; thence along a curve concave to the southwest
having a central angle of 21 ° 07' 14" with a radius of 219.50 feet, an arc length of 80.91
feet and the chord of which bears North 10° 04' 53" West; 80.46 feet; thence; North 20°
38' 30" West, 117.65 feet to a point on the southerly right-of-way line of Drake Road;
thence along said southerly line, North 69° 59' 57" East, 274.07 feet; thence along a
curve concave to the southeast having a central angle of 19° 5 606" with a radius of 838.
55 feet, an arc length of 291.76 feet and the chord of which bears North 79° 5758" East, 290.
29 feet; thence departing said southerly line and along the East line of said Lot 1,
South 00° 18' 18" West, 989.72 feet to the Southeast coiner of said Lot 1; thence, South 89°
46' 12" West, 527.17 feet to the Point of Beginning, containing 11.200 acres or 487,
882 square feet, more or less. The above
described tract is subject to all easements and rights -of -way now existing or of record.
A
RECEPTION#: 20130072401, 09/23/2013 at 09:49:21 AM, 14 OF 22, Angela Myers,
Clerk 5 Recorder, Larimer County, CO
WEST LINE OF THE
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RECEPTION#: 20130072401, 09/23/2013 at 09:49:21 AM, 15 OF 22, Angela Myers,
Clerk & Recorder, L.ari:mer County, CO
Leal Description of Christ.Center Property
A tract of land being a portion of Lot 1, Block l of First Christian Church P.U.D., a plat of
record with the Clerk and Recorder of Larimer County and is located in the Northwest Quarter of
Section 30, Township 7 North, Range 68 West of the 6th P.M., City of Fort Collins, County of
Larimer, State of Colorado being more particularly described as followr_
Considering the West line of the Northwest Quarter of said Section 30 as bearing South
00"13'48" East and with all bearings contained herein relative thereto:
COMMENCING at the Northwest corner of said Section 30; thence along the West line of said
Northwest Quarter, South 00° 13'48" East, 1043.04 feet; thence, North 89" 46' 12" East, 50.00
feet to a point on the easterly right-of-way line of Lemay Avenue, said point being the POINT
OF BEGINNING; thence along said easterly line, North 00' 13' 48" West, 764.10 feet; thence
along a curve concave to the southeast having a central angle of 113* 14' 43"with a radius of
37.50 feet, an are length of 74.12 feet and the chord ofwhich bears North 56' 23' 33" East, 62.63
feet; thence along the south right-of-way line of Drake Road, South 66° 59' 05" East, 36.34 feet;
thence along a curve concave to the northwest having a central angle of 08' 47' 51" with a radius
of 515.50 feet, an are length of 79.15 feet and the chord of which bears South 71" 23' 01" East,
79.07 feet; thence along a curve concave to the northwest having a central angle of 08° 43' 49"
with a radius of 358.57 feet, an arc length of 54.64 feet and the chord of which bears South 720
33' 22'' East, 54.58 feet; thence, North 13° 04' 43" East, 5.95 feet; thence along a curve concave
to the north having a central angle of 28° 09' 46" with a radius of 515.50 feet, an arc length of
253.38 feet and the chord of which bears North 84" 04' 50" East, 250.84 feet; thence North 690
59' 57" East, 221.09 feet; thence departing said south line, South 20° 38' 30'' East, 117.65 feet;
thence along a curve concave to the southwest having a central angle of 21° 07' 14" with a radius
of 219.50 feet, an arc length of 80.91 feet and the chord of which bears South 100 04' 53" East,
80.46 feet; thence, South 00° 28' 44" West, 55.78 feet; thence along a curve concave to the
northwest having a central angle of 40" 03' 51 with a radius of 78.00 feet, an are length of 54.54
feet and the chord of which bears South 200 30' 40" West, 53.44 feet; thence along a curve
concave to the southeast having a central angle of 40° 44' 54" with a radius of 113.00 feet, an arc
length of 80.36 feet and the chord of which bears South 20° 10' 08" West, 78,68 feet; thence,
South 00' 12' 19" East, 478.51 feet to the south line of Lot I ; thence along said south line, South
890 46' 12" West, 679.12 feet to the Point of Beginning, containing 12.351 acres or 538,005
square feet, more or less.
The above described tract is subject to all easements and rights -of way .now wdsting or of record.
91
RECEPTION#: 20130072401, 09/23/2013 at 09:49:21 AM, 16 OF 22, Angela Myers,
Clerk S Racordar, Larimer County, CO
D
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RECEPTION#: 20130072401, 09/23/2013 at 09:49:21 AM, 17 OF 22, Angela Myers,
Clerk & Recorder, Larimer County, CO
Drake Road Access Drive
A tract of land being a portion of Lot 1, Block 1 of First Christian Church P.U.D., a plat of
record with the Clerk and Recorder of Larimer County and is located in the Northwest Quarter of
Section 30, Township 7 North, Range 68 West of the 6th P.M., City of Fort Collins, County of
Larimer, State of Colorado being more particularly described as follows:
Considering the West line of the Northwest Quarter of said Section 30 as bearing South
00° 1348" East and with all bearings contained herein relative thereto:
COMMENCING at the Northwest corner of said Section 30; thence along the West line of said
Northwest Quarter, South 00°1348" East, 1043.04 feet; thence, North 89°46'12" East, 716.10
feet to the POINT OF BEGINNING; thence, North 00° 12' 19" West, 529.93 feet; thence,
North 44' 45' 16" East, 38.63 feet; thence along a curve concave to the northwest having a
central angle of 44° 16' 32" with a radius of 65.00 feet; an arc length of 50.23 feet and the chord
of which bears North 22° 37' 00" East, 48.99 feet; thence, North 000 2814411 East, 71.09 feet;
thence along a curve concave to the southwest having a central angle of 21 ° 07' 14" with a radius
of 49.97 feet, an arc length of 18.42 feet and the chord of which bears North 10" 05' 14" West,
18.32 feet;
thence, North 20' 38' 30" West, 159.97 fed to a point on the southerly right-of-way lime of
Drake Road; thence along said southerly line, North 69° 59' 57" East, 36.00 feet;
thence departing said southerly line, South 20' 38' 30" East, 104.04 feet, thence along a curve
concave to the southwest having a central angle of2l° 07' 14" with a radius of235.00 feet, an
arc length of 86.63 feet and the chord of which bears South 10' 04' 53" East; 86.14 feet; thence,
South 00' 28' 44" West, 47.06 feet; thence along a curve concave to the northeast having a
central angle of 45° 28' 44" with a radius of 8.50 feet, an arc length of 6.75 feet and the chord of
which bears South 22° 15' 38" East, &57 feet; thence, South 4.5° 00' 00" East, 4.85 feet; thence,
South 00° 28' 44" West, 12..61 feet; thence along a curve concave to the northwest having a
central angle of 36° 00' 34" with a radius of 97.00 feet, an arc length of 60.96 feet and the chord
of which bears South 18' 29' 01" West, 59.96 feet; thence, South 85° 00' 52" West, 4.70 feet;
thence along a curve concave to the southeast having a central angle of 46' 00' 1.5" with a radius
of 8.50 feet, an arc length of 6.82 feet and the chord of which bears South 62' 00' 45" West, 6.64
feet; thence along a curve concave to the southeast having a central angle of 39° 12' 56" with a
radius of 100.00 feet, an arc length of 68.44 feet and the chord of which bears South 19' 24' 09"
West, 67.12 feet; thence, South 00° 12' 19" East, 478.50 feet to a point on the South line of Lot
1; thence along said South line, South 891 46' 12" West, 26.00 feet to the Point of Beginning,
containing 0.570 acres or 24,845 square feet, more or less.
The above described tract is subject to all easements and rights -of -way now existing or of record.
C
RECEPTION#: 20130072401, 09/23/2013 at 09:49:21 AM, 18 OF 22, Angela Myers,
Clerk & Recorder, Larimer County, CO
D
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RECEPTION#: 20130072401, 09/23/2013 at 09:49:21 AM, 1.9 OF 22, Angela Myers,
Clerk s Recorder, Larimer County, CO
EXHIBIT D
Lcmav Avenue Access Drive
A tract of land being a portion of Lot 1, Block 1 of First Christian Church P.U.D., a plat
of record with the Clerk and Recorder of Larimer County and is located in the
Northwest Quarter of Section 30, Township 7 North, Range 68 West of the 6th P.M.,
City of Fort Collins, County of Larimer, State of Colorado being more particularly
described as follows:
Considering the West line of the Northwest Quarter of said Section 30 as bearing South
00013'48" East and with all bearings contained herein relative thereto:
COMMENCING at the Northwest corner of said Section 30; thence along the West
line of said Northwest Quarter, South 00013'48" East, 1043.04 feet; thence, North
89046'12'' East, 716.10 feet,- thence, North 00° 12' 19" West, 309.86 feet to the POINT
OF BEGINNING; thence along a curve concave to the southwest having a central
angle of 92' 45' 47" with a radius of 25.00 feet, an arc length of 40.48 feet and the
chord of which bears North 46° 35' 12" West, 36.20 feet; thence along a curve concave
to the southeast having a central _ angle of 28' 27' 57" with a radius of 130.00 feet, an arc
length of 64.59 feet and the chord of which bears South 72° 47' 56" West, 63.92 feet;
thence, South 58° 33' 58" West, 50.25 feet; thence along a curve concave to the
northwest having a central angle of 30° 48' 58" with a radius of 170.00 feet, an arc
length of 91.43 feet and the chord of which bears South 730 58' 27" West, 90.14 feet;
thence, South 89° 22' 56" West, 100.69 feet; thence along a curve concave to the
northeast having a central angle of 28° 41' 17" with a radius of 170.00 feet, an arc
length of 85.12 feet and the chord of which bears North 760 16' 26" West, 84.23 feet;
thence, North 61' 55' 47" West, 34.13 feet; thence along a curve concave to the
southwest having a central angle of 16° 49' 12" with a radius of 130.00 feet, an arc
length of 38.16 feet and the chord of which bears North 70° 20' 23" West, 38.03 feet;
thence, North 78° 44' 59" West, 51.19 feet; thence along a curve concave to the south
having a central angle of 11 ° 15' 01" with a radius of 130.00 feet, an arc length of 25.53
feet and the chord of which bears North 84° 22' 29" West, 25.49 feet; thence, North 900
00' 00" West, 125.26 feet to a point on the easterly right-of-way line of.Lemay Avenue;
thence along said easterly line, North 000 13' 48" West, 40.00 feet; thence departing
said easterly fine, North 90° 00' W' East, 125.42 feet; thence along a curve concave to
the south Having a central angle of 11 ° 15' 01" with a radius of 170.00 feet, an arc
length of 33.38 feet and the chord of which bears South 84° 22' 29" East, 33.33 feet;
thence, South 78° 44' 59" East, 51.19 feet; thence along a curve concave to the
southwest having a central angle of 16' 49' 12" with a radius of 170.00 feet, an arc
length of 49.91 feet and the chord of which bears South 70' 20' 23" East, 49.73 feet;
thence, South 61 ° 55' 47" East, 34.13 feet; thence along a curve concave to the
northeast having a central angle of 28° 41' 17" with a radius of 130.00 feet, an arc
length of 65.09 feet and the chord of which bears South 76° 16' 26" East, 64.41 beet;
RECEPTION#: 20130072401, 09/23/2013 at 09:49:21 AM, 20 OF 22, Angela Myers,
Clerk & Recorder, Larimer County, CO
thence, North 890 22' 56" Fast, 100.69 feet; thence along a curve concave to the
northwest having a central angle of 30° 48' 58" with a radius of 130.00 feet, an arc
length of 69.92 feet and the chord of which bears North 730 58' 27" East, 69.08 feet;
thence, North 58° 33' 58" East, 50.25 feet; thence along a curve concave to the
southeast having a central angle of 29° 44' 29" with a radius of 170.00 feet, an arc
length of 88.24 feet and the chord of which bears North 730 26' 12" East, 87.26 feet;
thence along a curve concave to the northwest having a central angle of 88' 30' 46"
with a radius of 25.00 feet; an arc length of 38.62 feet and the chord of which bears
North 440 03' 04" East, 34.89 feet; thence, South 00° 12' 19" East, 90.06 feet to the
Point of Beginning, containing 0.642 acres or 27,973 square feet, more or less.
The above described tract is subject to all easements and rights -of -way now existing or
ofrecord.
RECEPTION : 20130072401, 09/23/2013 at 09:49:21 AM, 21 OF 22, Angela Myers,
Clark & Recorder, Larimer County, CO
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RECEPT-ION#: 20130072401, 09/23/2013 at 09:49:21 AM, 22 OF 22, Angela Myers,
Clerk & Recorder, Larimer County, CO
EXHIBIT E
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